Page:United States Statutes at Large Volume 18 Part 1.djvu/922

 850 Trrun 1.x.——RE(}ULATION OF FISHERIES. T I T L E L I . REGTILATION OF FISINIERIES. Seo. 8•¤- 4391. Agreement for fishingwoyage. 4395. Appointment of commissioner of fish 4392. Penalty for violating agreement. 1 and fisheries. _ 4393. Recovery of shares o fish under 4398. Duties of commi aoner. agreemeni. 4397. Executive Department to aid inves- 4394. Discharge of vessel upon bond of { tigations. owner. _ 4398. Powers of commissioner. Agreement for Sec. 4391. The master of any vessel of the burden of twenty tons or 6¤h¤¤8 \'°>’¤8¤· upward, qualified according to law for carrying on the bank and other rg Jung, ]8]3r_g_ cod fisheries, or the mackerel-fishery, bound from a port of the United 2, s. 1, v. 3, p. 2. · States to be em loyed in any such fishery, at sea, shall, before proceed 3 M'”`·· 1865- °· in on such fishing-voyage, make an agreement in writing with every 117* v' 13*}*  fisherman who may be employed therein, except only an apprentice or servant of himself or owner, and, in addition to such terms o shipment as may be agreed nn, shall, in such agreement, express whether the same is to continue for one voyage or for the fishing-season, and shall also express that the fish or the proceeds of such fis ing-voyage or voyages which may appertain to the fishermen shall be divided among them in proportion to the quantities or number of such fish which they may respectively have caught. Such agreement shall be indorsed or countersigned by the owner of such fishing-vessel or his agent. [¤•• is R10. 401-] Penalty for vic. Sec. 4392. lf any fisherman, having enga ed himself for a voyage or mm! ¤KY€€m°¤*· for the lishing—season in any fishing-vessel and signed an agreement there- 19;,,,,,,, 1813, ,,_ for, thereafter and while such agreement remains in force and to be per- 2, s. 1, v. 3, p. 2. formed deserts or absents himself from such vessel without leave of the master thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be appre ended and detained; and a I costs of process and commitment, if paid by the master or owner, shall be deducted out of the share of fish or proceeds of any fishin -voyage to which such deserter had or shall become entitled. Every fisherman, having so engaged himself, who durin such fishing-voyage refuses or neglects his roper duty on board the fishing-vessel, being thereto ordered or required) by the master thereof, or otherwise resists his jiést commands to the hinderance or det ri— ment of such voyage, besides in answerable for all damages arising thereby, shall forfeit to the use of 51e owner of such vessel his share of any public allowance which may be paid upon such voyage. Recovery or mc. 4393. Whenever an agreement or contract is so made and signed shsresofiishunder for a fishing·voya e or for the fishing-season, and any fish caught on “€*°°"‘°“t· board such vessel dxurinp the same are delivered to the owner or to his 19 June, 1813, c. agent, for cure, and sol by such owner or a ent, such vessel shall, for the 2,¤-2»V·3.P·2- term of six months after such sale, he liabhe for the mastcr’s and every other fisherman’s share of such fish, and may be proceeded against in the same form and to the same effect as any other vessel is by law liable, and may be proceeded pgainst for the wa es of seamen or mariners in the merchant service. pon such (proceeding for the value of a share or shares of the proceeds of fish so elivercd and sold it shall be incumbent on the owner or his agent to produce a just account of the sales and division of such fish according to such agreement or contract; otherwise the vessel shall be answerable upon such rocecding for what may be the highest value of the shares demandedi But in all cases the owner of such vessel or his agent, appearing to answer in such proceeding, may offer thereupon his account of general supplies made fol' such hshing—v0yage and o other supplies therefor made to either of the