ARGUMENT OF ELIHtT ROOT. 2205 



"And it is hereby further enacted by the Authority aforesaid, That 

 from and after the first Day of September, one thousand seven hun- 

 dred and seventy-five, it shall and may be lawful for any Person or 

 Persons to import into this Kingdom any raw and undressed Seal 

 Skins taken and caught by the Crews of Vessels belonging to and 

 fitted out either from Great Britain, Ireland, or the Islands of Guern- 

 sey, Jersey, or Man respectively, and whereof the Captain or Master 

 and Three-fourths at the least of the Mariners are his Majesty's 

 Subjects, or by Persons employed by the Masters or Owners of such 

 Vessels, without paying any Custom, Subsidy, or other Duty, for the 

 same, any Law or Usage to the contrary notwithstanding." 



The Tribunal will see that contemplates the employment of per- 

 sons who, themselves, have no right granted to them. Then, article 

 11 reads: 



1333 " Provided always, That nothing in this Act shall extend, or 

 be construed to extend, to give Liberty of importing any such 

 Seal Skins Duty-free, unless the Captain or Person having the 

 Charge or Command of such Ship or Vessel importing the same shall 

 make Oath before the Collector or other Principal Officer of the 

 Customs at the Port of Importation (who is hereby authorised and 

 required to administer such Oath), that all the Skins imported in 

 such Ship or Vessel were really and ~bond-fide the Skins of Seals 

 taken and caught by the Crews thereof, or by Persons employed by 

 the Master or Owner of such Ship or Vessel, or of some other Ship 

 or Vessel qualified as aforesaid." 



It is the qualification of the vessel, and the privilege is given quite 

 irrespective of the nationality of the persons employed, except that 

 it is required that three-fourths of the crew, three-fourths of the 

 mariners, shall be English. One-fourth may be aliens to England. 

 And the qualified vessels, qualified by having three-fourths of their 

 mariners English, and by belonging to or being fitted out in Great 

 Britain, carry along with them the right of having the benefits of the 

 Act, though the taking is done by a crew one-fourth of which may be 

 aliens, or done by anybody who comes in the class of persons em- 

 ployed by the master or owner of such ship or vessel. And this is a 

 great fishing statute, this Act of 1775. This is the same statute the 

 seventh article of which relieves all vessels fitted and cleared out as 

 fishing ships to be employed in the Newfoundland fishery from any 

 restraint or regulation with respect to days or hours of working. 



Now, to the same effect were these cases which were cited, the 

 Duchess of Norfolk Case, and Wickham v. Hawker, in 7 Meason & 

 Welsby Heports. 



There the question was regarding a right granted to Lord Sey- 

 mour in one Case and to one of the parties in Wickham v. Hawker in 

 the other, a right granted for hunting for profit whether persons 

 who had not the right could come in and take part as servants of those 

 who had the right ; that is, persons not sailing under their own flag, 



