Page:Ruffhead - The Statutes at Large - vol 7.djvu/745

 A. D. 1756. Anno vicefimo nono Georgii II. C* 39« 725 ' cited Ait mentioned : And whereas for fuch feveral Purpofes, as well as for others herein after mentioned, Majefty, that it may be enaifted, and be it therefore enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parlia- ment aflembled, and by the Authority of the fame. That if any Fifherman or any other Perfon or Perfons Penalty on fifh- whatfoever, Mafter or Owner of any fifhing Ship, Sloop, Smack or fiflring Veflel coming from Sea, or ing Veffds cm- other Peribn having the Conduft of fuch fifhing Ship, Sloop, Smack or fifhing VcfTel, Natives or Foreign- played for the ers, employed either in catching, bringing or vending of Fifh for the Supply of the Cities of London and j"'^j''-^"ft"" Weftminfter^ fhall break Bulk or make Sale of their Piflr, or any Part thereof, between Harivich and the minftcr MaWeis Nore, or between Margate and the Nore, to any Perfon or Perfons to fell again, or fliall not enter their braking Bulk, Ship, Sloop, Smack or other fifliing Veflel, at fuch Place or Places, and within fuch Time, as herein af- or vending tbc-ir ter mentioned, or fhall keep any Shell Fifh or other Fifli whatfoever in fuch their Ship, Sloop, Smack or Fi!]),befoie their other their fifliing VefTel or Veflels, or in any Well-boat or Store-boat, after fuch their Arrival, fo as not ^™'',^ ^^not to fell off their whole Cargo of Fifh within the Space of eight Days, to be reckoned from the Day of fuch entering their their Arrival at the Nore as aforefaid, and thereof fhall be convifted before one or moie of his Majefly's Arrival, or not Juflic.es of the Peace for the Counties oi Kent or EJfex, or before the Mayor, Recorder or fuch Aldermen for felling their Fidi the Time being, who have Power to aft as Juftices of the Peace within the Corporations oi ^leenborcugh wuhm S Days. or Gravefmd., on his, her or their own ConfelTion or ConfefTions in Writing under his, her or their Hand or Hands, or on the Oath of one or more credible Witnefs or WknefTes, which Conviftion fliall be final and without any Appeal whatfoever, fuch Ship, Sloop, Smack or fifliing Veflel, Boat, Store-boat or other Boat into which the faid Fifli, or any Part thereof, fhall be unloaded or delivered, with all Tackle, Appa- rel and Furniture to the fame belonging, together with the whole Cargo of fuch Fifh, fhall be forfeited by the Owners thereof, and difpofed of as hereafter mentioned; fuch Forfeitures to be levied by Dillrefs and penaltj-, howto Sale by Warrant under the Hand and Seal of any one or more of his Majefly's Juftices of the Peace within be kvica. the faid Counties oi Kent or EJfex, or of the faid Mayor, Recorder or Aldermen afting for the Time being as Magiftrates within the Towns of ^ueenborongh and Grave/end, or fuch Mayor, Recorder or Aldermen of any other Corporate Town between the faid Towns oi ^leenborotigb and Grave/end, and the City of JFeft- ininjier, as aforefaid; which Warrant or Warrants the faid Juftice or Juftices, Mayors, Recorders or Al- dermen, is and are hereby inipowered and required to make and ifFue accordingly, and to be direfled to the High Conftable, Petty Conftable, Headborough or Tithingman of either of the faid Towns oi ^leenho- rcugh or Grave/end, or any other Towns as aforefaid near unto where any fuch Offences fhall be committed, or where fuch Ship, Sloop, Smack or fifhing Veflel, Boat, Store-boat or other Boat fliall theii be, to take and feize the fame, and fell and difpofe thereof within fourteen Days accordingly; and one Moiety or ^^^^^ A'^-^Wai.t.ian Part of the Produce of fuch Sale, after reafonable Charges deducted, fliall go and be paid to the Informer tlicieof. or Informers, as the faid Juftices fhall appoint, and the other Moiety to the Truftees appointed to put the faid recited and this prefent Aft in Execution, to be placed by them, or any five or more of them, or their Order, to the general Account of Surplus of Profits arifing from the Fifli Market, in the faid recited Aft mentioned, and to be appropriated as the faid Surplus in the faid Aft is direfted; any thing in the faid Aft contained to the contrary notwithftanding. II. Provided neverthelefs, That in cafe any fuch fifhing Veflel is freighted or loaded with Lobfteis, or j, D:>y3 allowed whofe Part-loading may be made up with Lobfters, and the Fifhermen or other Perfon or Perfons whatfo- for the Sale of ever. Natives or Foreigners, who fliall be Owners of fuch Lobfters or have the Power to fell or difpofe o^f lobfters. the fame, flihll fell oft' her whole Cargo of fuch Lobfters within twelve Days after theArrival of fuch Vcf- fel at the Place or Places herein before appointed for that Purpofe, and in all other Refpefts conform to the_ Direftions of the faid recited and this prefent Aft-; then and in fuch Cafe the Sale of the whole Cargo ot fuch Lobfters fhall be and is hereby declared to be as good a Sale thereof, as if fuch Sale had been complet- ed and made within the faid limited Time of eight Davs before-mentioned. IK. Provided alfo neverthelefs. That it fliall and may be lawful to and for every fuch Flflicrman or other Fi.iiing VeHeh Perfon or Perfons whatfoever, Mafter or Owner of any fifliing Sloop, Smack or fifliing Veffel coming from p""™""^.;;; Sea, and to and for every other Perfon or Perfons having the Conduft of any fuch fifliing Ship, bloop, .j^J.t-,^^^.^^j'^^ Smack or fifliing Veflel as aforefaid, and they are hereby impowered at any Time and Times, and as often tUeNore, fo as, as Need fljall be or require, during their refpeclive Voyages at Sea, and before iheir Arrival at the Nore^ to not to make fliift and remove any Part of their Cargoes of Fifli into any other Ship, Sloop, "Smack, Veflel or Veiiels, Sale thereot. for the Eafe of their Welh, the Prefervation of their Fifli, and the better feparating fuch as are dead, dropt or fickly, from thofe which are found and healthy; fo that no Part of fuch Cargo of Fifli be fold or oU- pofed of, until their Arrival at or above the Narc as aforefaid; any Thing herein before contained to the contrary notwithftanding. IV. Provided alfo neverthelefs. That it fhall and may be lawful to and for any Fiflierman or Owner ot Peter-boats, Sc any Peter-boat, or other fmall fifliin? VefTel ufed and employed for fcrving and fupplying the Inhabitants of employed for any City, Town or Village, or the Neighbourhood thereof, on or near the Banks of the faid -Kiver, be-^^^-^t_^^^'^ ,. tween the Mouth of the faid River and the faid i ov/ns oi ^ueenborotf^h or Gravefend, to fell or a'pofe or ^^^.^^ ^^ ^^^ their Fifii in fuch Manner as hath been heretofore ufed, in cafe fuch Boats or Fifliing Veflels are on! v uled Ri^.e-, maydif- and employed for the Confumption of fuch Fifli within fuch City,, Towns or Villages, and the inhabitants jo^e of their F.m, thereof, or of the Neighbourhood thereof. ' ,, .= heretofore. ' " V. And
 * pe£led, for that the Markets being fupplied with fuch fmaller Fifh, doth enhance the Price of the largcft
 * Sort, and under Colour of the faid recited A£t under-fized Fifti are fold, though not taken with a Hook,
 * which may tend greatly to the Deftru£tion of the Fry of Fifh, and confequently the faid Fifhery in general
 * for fuch Kinds of Fifh; and that it will be more for the Benefit and Service of the Publick to revive the
 * faid Reftraint for the Prefervation of the Fry and fmaller Sort of fuch Fifli, and not to permit the Sale or
 * Exchange of fuch feveral Kinds of Fifh fo catched with a Hook under the Dimenfions in the faid laft re-
 * it is become neceflary to explain and amend the faid Act;' May it therefore pleafc your moft Excellent