Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-09-23
BY Authority.
LAWS OF THE UNITED STATES.
AN ACT
For the government of persons in certain
fisheries

AN ACT
For the government of persons i'm certain
fisheries.
BE il enacted by the Senate and House
Of Representatives Of The United STAIRS of
.4mericd, IN Congress .3SSem6icd, That the
master or skipper OF ANY vessel of the bur-
then OF twenty tons or upwards, qualified
according to law for carving on the bank
and Other cod fisheries, bound from a port
of the United States to be employed in any
such fishery, at sea, shall, before proceeding
OH such fishing voyage, make an agreemen Mt
in writing or print with every fisherman
who may be employed therein (exceptonly
an apprentice or servant of himself or owns
cry and, III addition to such terms of shp-
ment as may be agreed on. shall in sach a
greement express whether the same is 20
continue for one voyage or for the fishing
season, and shall also express that the fish
or the proceeds of such fishing voyape or
VOYAGE which may apper.ain TO the fisher
men, shall be divided among them i'm nro-
portion to the quantities or number of said
fish winch they may respectively have
caught; which agreement shall he endors-
ed OF countersigneh by the owner OF such
fishing vessel or his agent And if any fish
erm,.n, having engaged himself for a voyage
or ter the fishing season, in any fishing yes
SCI, anu SibhSu an d5iSCiiiCut tilSretDf as d
forcsaid, shall thereafter and while such
greemeut remains in force and to be per-
formed, desert or absent himself from such
We sci without leave of the master or skip
per thereof, or of the owner or his agent,
such deSerter shall be Liable to the same
penalties as deserving seamen or marintr
are subject to IN the merchant service, and
NAV IN IKE manner, and uponthe like com
plaiut and proof, be apprehended and dc
tanned and ali costs OF process and com
Initmept, it paid by the master or owner,
shalt be deducted oa, of the share of fish,
or proceeds of any hshing voyage TO which
such teserter bad or shall become entitled
Aud any fisherman, haging engaged him
self as aforesaid, who shall, during such
fishing yoyage, refuse or neglect his proper
duty on board the FISHING vessel, beng there
TO ordered or required by the master or
skipper thereof, ~ shall otherwise resist his
just commands to the hindrance or detri-
menv of such voyage, besides being answer
able for ali damages arising hereby, shall
forfeit to the use of the owner of such ves~
sci his share Of any public allowance which
NAV he paid upon such voyage.
Sec. 2. .dtld he further enacted, That
where ar greement or contract shall be so
made and signed for fishing voyage or for
the fishing season. and any fish which may
have bs en- caught on board sach vessei dur
ing the same, Shall he delivered to the own
er or to his agent for cure, and SHAH be
sold by SAID owner or agent, such vessel
shall for the term of six months after
sucn sale, be liable and arswerahle ior the
skipper and every other fisherman's share
of such fish, and onlY be proceeded against
III the same form and to the same effect as
any other vessel is BY law liable and may be
proceeded against Tor the wages of seamen
or mariners ia the merchant service. And
upon such process for the value of share
or shares Of the proceeds Of fi>h delivered
and sold as aforesaid, II shall he incumbent
on the owner or his agent to pr duce Just
account Of the sales and division of such
FISH according to such agreement OF con-
tract; otherwise the said vessel shall be
answerable apon such process for what may
be The highest value Of the share or shares
demanded But in all Gases the owner of
such vessel OF his agent, appearing to an
Swcr to such process, may offer thereupon
his account of general supplies made for
such fishing voyage and of other supplies
therefor made TO either of the demandants,
and shall be allowed to produce evidence
thereof in answer to their demands respec-
lively and judgment shall be rendered
uu6B such process for the respective balan..
ces which upon such an enquiry shall APP
pear. Propided Arrays, That when pro-
cess shall be issued against any vessel lia.
bic as aoresa d, if the owner thereof, or his
agent, W i'll give bond to each fisherman in
whose favor such process shall ,e institu-
ted, with suihcient security, to the satisfac-
tiop of two justices of the peace, one of
whom shall be named by such owner or a
gent, and the ether by the fisherman or fish
ermen pursuing such process, or it either
party shall refuse. then the justice first APP
pointed shall name his associate, with con-
ditIon TO answer and pay whatever SUN
shall be reco, cred by him or them on such
process, there shall be IN immediate dis
charge of such vessel ProUfded, That no.
thing herein contained shall prevent any
fisherman from having his action at CON
mon law for his share or shares OF fish or
the proceeds thereof as aforesaid
III, CLAY,
Speaker of the House Of Representatives,
T.. GERRY,
President of the United States, and
President of tbs Senate.
June 10 1878,
APPROVED, JAMES MADISON.