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PROTECTION OF DEEP SEA FISHERIES. 381 



is totally unknown in the fishing trade. As it has been 

 ruled by courts of law that no custom can override law it 

 is evident that either the vessels must be compelled to 

 clear or the law be altered. As the former is impossible 

 the latter must be done. Again, it must be noticed that 

 the words used are "under fifteen tons burden" This 

 clearly is not tons register, which is the basis on which this 

 section of the Act is carried out. Article 5 of the Sea 

 isheries Act of 1868 also distinctly mentions the tonnage 

 as the burden tonnage, not register. 



The effect of the present law as regards the shipping of Shipping of 



crews, 

 crews is practically nil, as crews are not now shipped at 



the custom house, as formerly. The agreements are 

 sometimes verbal, sometimes on a short form, according to 

 the idea of each owner. The form of agreement for 

 home trade ships was used for the purposes of agree- 

 ments by crews of fishing vessels previous to the passing of 

 the Act of 1880, which practically made these agreements 

 valueless, and not worth the trouble of going to the 

 shipping master for. This Act, which came into force on Act of l88a 

 the 2nd of August, 1880, was intituled "The Merchant 

 Seamen (Payment of Wages and Rating) Act, 1880." The 

 very title of this was misleading as to its true contents as a 

 whole, and it did not appear on the face of it to affect the 

 fisheries in any way. Notwithstanding this the question 

 was asked, and a decided answer was given by the Board 

 of Trade (by whom the Bill was introduced) that it would 

 not affect the fisheries. The Bill was hurriedly pushed 

 through at the end of a session and became law before the 

 fishing trade had been consulted in any way or were aware 

 of its real contents or objects. As this Act has done 

 much injury, both morally and pecuniarily, to the fishing 

 industry, it will be necessary to deal with it at full length, and 



