The Newhampshire gazetteer — Exeter, N.H., 1792-04-11 00:00:00, page 1

Newhampfhire
EXETER, (New-Hamp/bire) Printed and Published b, HENRY RANLET, at Nine Shillings per annum.
An ACT concerning certain
Fisheries of the United
States and for the Regula
tion and Government of the
in.
Y^E it furthr enabled 6, the Senate
and House of Reprefer.tativej of the
United Slates of America, in Congref
assembled, That the allowance now
made upon the exportation of dried
fifh of the fineries of the United
States, in lieu of a draw-back of the
duties paid on the salt used in pre
serving the fame, shall cease on all
dried fifh exported after the tenth day
of June nett, arid as a commutation
and equivalent therefor, there shall
be afterwards paid, on the left day
of December annually, to the owner
of every vessel or his agent, by the
colleftor of the diAria where such
Vessel ma, belong, that shall be
qualified agreeably to law,for carrying
on the bank and other cod fisheries,
and that shall actually have been em
ployed therein at sea for the term of
four months, at the least, of the fifh
ing season, next preceding, which
season is accounted to be from the
left day of February to the left day
of November in every year, for etch
and every ton of such vcffel's but
then according to her admeafure
ment, as licensed or enrolled, if of
twenty tons and not exceeding thirty
tons,one and an half dollars, &if a
bovego tons z&ao half dollars,of which
allowance aforefaid—three eigth parts
shall accrue and belong.to the owner
of such fifhing veffel,and the other five
eighths thereof shall be divided by
him, his agent or lawful reprefenta
tfve, to and among the several fifher
men who shall have been employed
in fach vessel during the season afore
faid,or a part thereof,as the case may
be,in such proportions asthe fifh they
shall refpeaively have taken may
bear to the whole quantity of fiffi ta
ken on board such vessel during such
season : Provided, That the allowance
aforefaid on any one vessel, for one
season, shall not exceed one hundred
and seventy dollars.
And be it further enaaed, That on
the last day of December annually,
as aforefaid, there shall also be paid
to the owner of every fifhing boat or
vessel of more than five tons, and less
than twenty tons, or to his agent or
lawful representative, by the collec
tor of the diftrift where such boat or
vessel may belong, the sum of one
dollar upon every ton admeafurement
of such boat or vessel ; which allow
ance shall be accounted for as part of
the proceeds of the fairs of said boat
or vessel, and shall accordingly be so
divided among all persons interelied
therein: ^Provided hoavever, That
this allowance shall be made only to
such boats or vessels as shall have ac
tually been employed at sea in the
cod fishery, for the term of four
months, at the least, of the preceding
season : And provided also. That such
boat or vessel shall have landed in
the coarse of said preceding season, a
quantity of fifh not less than twelve
quintals for every ton of her admen-
WEDNESDAY, April ii, 1792.]
FiJhermen employed there-
CONGRESS.
the diftrid,in order to entitle the own
er, his agent or lawful representative
to receive the allowance aforefaid.
Arid if at any time within one year
after payment of such allowance, it
shall appear that any fraud or deceit
has been praftifed in obtaining the
fame, the boat or vessel upon which
such allowance shall have been paid,
if foetid within the diflrid aforefaid
—shall be forfeited ; otherwise the
owner or owners having praftifed
such fraud or deceit, shall forfeit and
pay one hundred dollars ; to be sued
for, recovered and appropriated in
like manner as forfeitures and penal
ties are to be sued for, recovered and
appropriated for any breach of an aft
intitled, "An aft to provide more ef
fcdaally for thi collection of the duties
impoied by law on goods, Wares and
merchandize imported into the Uni
ted States, and on the tonnage of
Chips or vessels."
Aad be it fun her enaaed, That the
owner or owners of every fifhing Ves
sel of twenty tons and upwards, his
or their agent or lawful reprefenta
tive,fhall previous to receiving the al
lowance which is provided for in this
a&, produce to the collector, who is
authorized to pay the fame, the ori
ginal agreement or agreements which
may have been made with the fifher
men employed on board such vessel
as is herein before required, and also
a certificate to be by him or them
fubferibed, therein mentioning the
particular days on which such vessel
failed and returned on the several
voyages or fares, (he may have made
in the preceding fifhing season, to the
truth of which they shall swear or
affirm before the colle&or aforefaid.
And be it farther enaaed, That no
ship or vessel of twenty tons or up
wards, employed as aforefaid, shall
be entitled to the allowance granted
by this a&, unless the skipper or mas
ter thereof shall, before he proceeds
on any fifhing voyage^ make an a
greemen.t In writing or in print, with
every fifherman employed therein ex
cepting only apprentices or servant of
himfelf or owner : and in addition to
'fuch terms of shipment as may be a
greed on, shall, in such agreement,
express whether the fame is to conti
nue for one voyage, or, for the fifh
ing season, and shall also express that
the fifh or the proceeds of such fifhing
voyage or voyages which may apper
tain to the fifhermen, shall be divided
among them in proportion to the
quantities or number of said fifh they
may refpeaively have caught ; which
agreement shall be endorsed or co@n*
terfigned by the owner of such fifhing
vessel, or his agent : And if any fifh
erman having engaged himfelf for a
voyage or for the fifhing season, in
any fiffiing vefTeLand signed an agrec-
furement ; the said quantity of fifh to
be afeertained, when dried, nd cured
fit for exportation, and according to
the weight thereof, as the fame fbarl
weigh at the time of delivery when
a&uully fold ; which account of the
weight, with the original ,djuft
tnent and fettlcment of thafare or
fares among the owners arid fifher
den, together with a written account
of the length, breadth and depth of
said boat or vessel, and the time ffie
has adually been employed in the
fifhery in the preceding feafon,fhall,in
all cases; be produced & fivorn or af
firmed to before the said colle&or of
THE
meat therefor, as aforefaid, shall
thereafter, arid while tilth agreement
remains in force and 10 be performed
..defert.tr absent himfelf from such vef
fl, without leave of the matter or
skipper thereof, or of the owner or
his agent, such deserter shall be lia
ble to the fame penalties as deferring
teamen or mariners are fubjea to in
the merchants' service, and may in
the like manner, and upon the like
complaint and proof, be apprehended
rind detained ; and all co&s of pro
cess and committment, if pa d by the
naffer or owner, shall be deducted out
of the share of fifh, or proceeds of any
fifhing voyage to which such deserter
had or (ball become intitled. And
any fifherman, having engaged him
fdf as ,aforefaid, who shall during
such fifhing voyage, refufe or negled
his proper duty on board the fifhing
vessel, being thereto ordered or re
quired by the mafteror skipper there
of, or shall otherwise resist his just
command!, to the hindrance or de
triment of such voyage, beside being I
answerable for all damages arising
thereby, shall forfeit to the use of the |
owner of such vessel, his share of the I
allowance, which shall be paid upon I
such voyage as is herein granted.
And be it further enaaed, That I
where an agreement or contiad shall I
be so made and signed, for a fifhing I
voyage or for the fifhing season, and I
any tifh which may have been caught I
on board such vessel during the fame, I
shall be delivered to the owner, or, tol
his agent, for cure, and shall be fold I
by said owner or agent, such vessel
shall, for the term of fix months after
such sale, be liable and answerable
for the Skipper's and every other fifh
erman's share of such fifh, and may
be proceeded against in the famel
form, and to the fame effect, as any
other vessel is by law liable,and may
be proceeded against for the wages
of seamen or mariners in the mer
chants' service. And upon such pro
cess for the value of a share or shares
of the proceeds of fifh delivered and
fold as aforefaid, it fhall^ be incum
bent on the owner or his agent, to
produce a just account of the sales
and division of such fifh according to
such agreement or contra&,other wife
the said vessel shall be answerable
upon such process for what maybe the
highest value of the share or shares de
manded. But in all cases, the owner
of such vessel or his agent, appearing
to answer to such process, may offer
thereupon his account of general fup
pfes made for such fifhing voyage,
and of other fopplies therefor made
to either of the demandants,
and shall be allowed to produce evi
&noe thereof in answer to their de-
Imands 1 mands refpeaively, and judgment
shall be rendered upon such process,
for the refpedive balances, which up
on such an enquiry shall appear.
Provided alwajt, That when process
shall be issued against any vessel lia
ble as aforefaid, if the owner thereof
or his agent will give bond to each
fifherman in whose favor such process
shall be instituted, with fefficient se
curity, to the fatisfadion of two jus
tices of the peace, one of whom shall
be named by such owner or agent,
&the other b, the fifherman or fifher
men porfuing such process; or if either
party shall refufe, then the justice firft
appointed shall name his associate,
with condition to answer &paywhate-
Gazetteer.
[Numb. 41 of Volume 6-
ver sum shall be recovered by him
or them on such process, there shall
be an immediate difeharge of such
vessel : Provided, That nothing here
in contained, shall prevent any fifh
erman from having his adion at
common law, for his share or shares
of fifh, or the proceeds thereof as
aforefaid.
And be it further maAed, That th^
drawback heretofore allowed on the
exportation of- foreign dried and
pickled ssh, and other foreign failed
ptovifions, be, and the fame is repeal
ed.
And be it further enaßed, That the
monies which shall remain in confc
quence of the abolition of the allow
ance on the exportation of the dried
fifh of the United flares, and of the
drawback on foreign dried and
pickled fifh, and felted provisions,
be, and are hereby appropriated to
the payment Os the allowances gran
ted by this ad, and in case the mo
nies so appropriated shall be inade
quate, the deficiency shall be fopplied
of any monies which from time to
time shall be in the Treasury of the
United States, and not otherwise ap
propriated.
And be it further enaAed, That any
person who shall declare falfely in
any oath or affirmation required by
this aft, being duly convi&ed thereof
in any court of the United States,
having jarifdiaon of such offence,
Ifhall foffer the fame penalties as are
provided for falfe [wearing or affirm*
ing,by the ad before mentioned,& to
be in like manner sued for, recovered
and appropriated.
And be it further enaßed, That this
a& shall continue and be in force
for the term of seven years and from
thence to the end of the next session
of Congress, and no longer.
Jonathan Trumbull, Speaker
of the House of Refrefentattves.
I Joh N AdAMS,Pice-Prefdent of the U.
Stales, and Prefdent c, the Senate.
Approved— February i6ih 1792.
George Washington,
Prudent of the United States.
IDepofred among theßolls in theOffice
of the Secretary of State.
Thomas Jefferson
Secretary of State.
HOUSE OF REPRESENTATIVES.
SATURDAY, MARCH 10.
THE House proceeded to the con
liberation of the message re*
ceived from The President of the Uni
ted States on Monday lall, with the
translation of a letter from the King
of France announcing to the United
States his acceptance of the newCon
dilution ; whereupon, the following
resolution was moved, viz.
" Refolded, That this House hath
received, witlrfentiments of high fa
tisfadion, the notification of the
King of the French, of his acceptance
of theConftitutioq presented ro him in
the name of the nation :——And
that the President of the Uni
ted States be requefled, in his an.
fwer to the said notification, to ex
press the Sincere participation of the
House, in the interests of the French
nation, on this great and important
event ; and their wiffi, that the wis
dom and magnanimity displayed in
CONGRESS.