Charles II, 1663: An Act for regulateing the Herring and other Fisheries, and for repeale of the Act concerning Madder

Reasons for passing this Act.

Regulations concerning the packing of Herrings of English catching put to Sale.; Head Officers of Ports from which Ships proceed to fish, to appoint a competent number of Packers.; The Duty of such Packers.; To take an Oath.; Such Head Officers not appointing and swearing Packers; Penalty £100.

For the prevention of abuses in the packing and ordering of Herrings and bringing that Commoditie into credit in Forreigne Parts beyond the Seas Be it enacted and it is hereby enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by the Authoritie of the same That from and after the First day of August One thousand six hundred sixtie fower noe white or read Herrings of English catching shall be putt to sale in England Wales or in the Towne of Berwicke upon Tweede but what shall be packed in lawffull Barrells or Vessells, and which shall be well truely and justly laid and packed, and shall be of one time of takeing salting saveing or drying, and equally well packed in the midst and every part of the Barrell or Vessell, and by a sworne Packer, And the Barrell or Vessell marked or branded by such sworne Packer with a marke or brand denoteing the gage of the Barrell or Vessell and the quantity quality and condition of Herrings packed therein, and the Towne or Place where they were packed, And the Bailiffes of Great Yarmouth for the time being and the Maior Bailiffes or other Head Officer for the time being of every Port Haven or Creeke out of which any Vessells or Shipps doe proceede to fish for Herrings are hereby authorized and required before the First day of July in the yeare One thousand six hundred sixtie fower and before the First day ( (fn. 1) ) in every yeare after to appoint for their respective Haven Port or Creeke a competent number of able and experienced Packers to view and packe all such white or read Herrings of English catching as shall be brought into their Port Haven or Creeke and well and truely to marke and brand the Barrells or Vessells in which they shall be packed with such marke or brand as is above directed and to administer to them yearely an Oath (which Oath they are hereby authorized and appointed to give to them) for the well and true doeing thereof according to this Act. And in case the said Bailiffes of Great Yarmouth or the Maior Bailiffes or other Head Officer for the time being of any such Port Haven or Creeke shall not appoint and sweare such Packers before such time in every yeare as is by this Act required they shall for every defaulte forfeite the Summe of One hundred Pounds of lawfull Money of England, One Moyetie to His Majestie His Heires and Successors and the other Moyetie to him or them that shall informe or sue for the same in any Court of Record by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed.

II. No Ship to proceed on a Fishing Voyage to Iceland and Westmony until 10th March;

Penalty.

And for the better regulateing of the Island and Westmony Fisheries and Preservation of the Spawne of Fish there be it enacted and it is hereby enacted by the Authoritie aforesaid That from and after the Five and twentyeth day of December One thousand six hundred sixtie three noe Shipp or Vessell shall proceede upon a Fishing Voyage for Island and Westmony out of any Port Haven or Creeke in England or Wales or out of the Port of Berwicke upon Tweede untill the tenth day of March in any yeare upon the paine of the Forfeiture of every such Shipp or Vessell with all her Furniture Tackle and Apparell and of all the Fish caught in such Shipp or Vessell.

III. Collecting any Tax in Newfoundland for Fish of English catching; Penalty.

Laying Nets to take the Spawn of Poor John, &c. Penalty.

And it is hereby further enacted by the Authoritie aforesaid That noe person or persons whatsoever doe collect leavy or take, or cause to be collected leavyed or taken in New found land any Toll or other duty of, or for any Cod or Poore John, or other Fish of English catching under paine of the losse of double the value of what shall be by them leavyed collected or taken or caused to be collected leavyed or taken, And that noe Planter or other person or persons whatsoever doe cast or lay any Seine or other Net in or neare any Harbour in New found land whereby to take the Spawne or young Fry of the Poore John, or for any other use or uses except for the takeing of Baite onely upon paine of the losse of all such Seins or Nets and of the Fish taken in them or of the value thereof to be recovered in any of His Majesties Courts in New-found Land or in any Court of Record in England or Wales by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed

IV. Destroying Boats and other Utensils of Fishing left in Newfoundland, &c. or pulling down Houses of Fishers, &c.

Penalty.

And it is hereby further enacted by the Authority aforesaid That noe Planter or other person or persons whatsoever shall burne destroy or steale any Boate Caske Salt Nets or other Utensills for fishing or makeing of Oyle or other Goods or Merchandice left in any Harbour in New found Land or Greene land by English or burne pull downe or destroy any House built by English in New-found Land or Greene land to live in dureing the fishing season, or Stage built by them in either of the said places for the saveing or [or (fn. 2) ] ordering of Fish, or makeing of Oyle upon paine of the losse of double the value of what shall be by them stolne burnt or destroyed to be recovered in any of His Majesties Courts in New-found Land or Greene land respectively, or in any Court of Record in England by Bill Plaint or other Action wherein noe Essoigne Protection or Wager in Law shall be allowed

V.

13 & 14 C. II. C.30. repealed.

And whereas upon the humble Petition and Complaint of the Merchants and Salters of the Citty of London it doth appeare That some sorts of Madder very usefull for dyeing cannot be imported soe pure and cleane as by one Act passed the last Session of this present Parliament (Entituled An Act for the Importation of Madder pure and unmixed) is directed and appointed Be it enacted and it is hereby enacted by the Authoritie aforesaid That the said Act and every Clause and Thing therein contained be from henceforth utterly void and repealed to all Intents Purposes and Constructions whatsoever