CA P. XCI.

An act to amend an aƐt, made in the twenty-ninth year of the reign of his prefent Majefly, for the better regulation of hawkers, pedlars, and petty chapmen; and for repealing fo much of the faid act as reftrains them from felling goods, wares, or merchandize, within a certain diflance from any city or market town.-[June 22, 1795.]

WH

HEREAS by an act of parlinment, made and paffed in the Preamble. twenty-ninth year of the reign of his prefent Majefty, inti

tuled, An act to explain and amend an act made in the twenty- 29 Geo. 3. c. fifth year of the reign of his prefent Majefty, intituled, 'An act 26, recited. for granting to his Majesty additional duties on hawkers, pedlars,

and

petty chapmen, and for regulating their trade;' it is amongst other things enacted, that if any fuch hawker, pedlar, or petty chapman, as is in the faid act mentioned, or other trading perfon fo travelling as in the faid act mentioned, fhould, from and after the firft day of August one thousand feven hundred and eighty-nine, trade, as in the faid act is defcribed, without fuch licence as is therein also mentioned and defcribed, that then and in any of the faid cafes fuch hawker, pedlar, petty chapman, or trading perfon, fo offending, should, for each and every fuch offence, forfeit the fum of ten pounds; and it is by the faid act also enacted, that if any fuch hawker, pedlar, petty chapman, or other trading perfon as aforefaid, fhould be found trad ing without a licence contrary to the faid act, or who being found trading fhould refufe or neglect to produce a licence according to the faid all, after being required jo to do, that then it should and might be lawful for any of his Majesty's juftices of the peace of the county or place where fuch offence or offences should be committed, to convict the offender of trading without a licence: and whereas it is expedient that, in default of payment, it should be lawful for fuch justice, by warrant under his hand and feal, to caufe the penalty in which the offender or offenders fhall be convicted, to be forthwith levied by diftrefs and fale of the goods, wares, or merchandizes of fuch offender or offenders, or of the goods with which fuch offender or offenders should be found trading as aforefaid: be it enacted by the King's most excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, upon every Penalty inconviction of any hawker, pedlar, petty chapman, or other flicted by re trading perfon in the faid act mentioned, who fhall be found trad- hawkers trading without a licence contrary to the faid act, or who being found ing without trading fhall refufe or neglect to produce to fuch perfon or per- a licence, or fons a licence according to the faid act, it fhall be lawful for not producing fuch juftice, and he is hereby required, by warrant under his it, may be levied by distress hand and feal, to caufe the penalty in which fuch offender or of the goods. offenders fhall be convicted, to be forthwith levied by diftrefs and fale of the goods or chattels of fuch offender or offenders, or of the goods with which fuch offender or offenders fhall be found trading as aforefaid, rendering the overplus (if any be) to the owner or owners thereof, after deduction of the reasonable

charges

cited act on

charges for taking and detaining the faid diftrefs, and felling the fame, and out of the faid fale to pay the faid refpective penalties and forfeitures aforefaid, and in the mean time to commit fuch offender to the common goal or house of correction of the county, riding, divifion, city, liberty, town, or place, where the faid offence fhall be committed, there to remain until the faid penalties and forfeitures, and the reafonable charges of taking the faid diftrefs, fhall be levied and raised by fuch diftrefs and fale as aforefaid, or until the fame fhall be otherwife paid or fatisfied by fuch offender.

II. And whereas, by the fixteenth, seventeenth, and eighteenth fections of the faid act, all hawkers, pedlars, and petty chapmen, are reftrained, under the penalties therein mentioned, from vending, felling, or expofing to fale, any goods, wares, or merchandizes whatsoever, in any city or market town in England, Wales, or the town of Ber wick-upon-Tweed, or within the distance of two miles from the middle of the most central market place of any fuch city or market town, except on market and fair days, fuch hawkers, pedlars, and petty chapmen, not being houfeholders there, or the fame not being the ufual place of their abode, or of their carrying on bufinefs: and whereas the faid restrictions have been found inconvenient to the manufactures in general, and alfo detrimental to the revenue: be it therefore enacted by the authority aforefaid, That, from and after the first by f. 16, 17, day of August one thoufand feven hundred and ninety-five, fo much of the faid act as relates to the said restrictions shall be, and the fame is hereby repealed.

Reftrictions

and 18 of recited act re

pealed.

Preamble.

CA P. XCII.

An act for further encouraging and regulating the fouthern what fifberies.-[June 22, 1795.]

the

WHEREAS it is proper to encourage the fishery carried on by bis Majefly's European fubjects in the feas to the fouthward of the Greenland feas and Davis's Streights, for the purpose of tak ing whales and other creatures found in thofe feas, by continuing prefent premiums, and bestowing them in a different manner: and whereas it is of importance that immediate effect should be given to the faid premiums, for which reafon it is neceffary to repeal the laus by which the prefent premiums are granted: be it therefore enacted by the King's moft excellent majefty, by and with the advice and confent of the lords fpiritual and temporal, and commons, in this prefent parliament affembled, and by the authority of the fame, That, from and after the paffing of this act, an act, paffed in the twenty-fixth year of the reign of his prefent Majesty, inti26 Geo. 3. c. tuled, An act for the encouragement of the fouthern whale fifbery; and alfo an act, paffed in the twenty-eighth year of the reign of 28 Geo. 3. c. his prefent Majefty, intituled, An act for amending an act made in the twenty-fixth year of his prefent Majefty's reign, for the encourage ment of the fouthern whale fishery; and for making further provifins for that purpose; and alfo every act, and part of an act, repealed

50, and

20, &c. repealed, except as to veffels

by

1795.

by the faid acts, or either of them, fhall be, and are hereby re- cleared out bepealed, except fo far as regards fhips or veffels which have been fore Nov. 1, or may be fitted and cleared out for the purpose of carrying on fuch fhery before the first day of November one thousand feven hundred and ninety-five, under the encouragements given by the faid acts.

II. And be it further enacted by the authority aforefaid, That Premiums the feveral premiums hereafter mentioned fhall be paid and granted for three years to allowed for three years, from the first day of January one thou- 28 fhips fitted fand feven hundred and ninety-fix, to twenty-eight fhips or vef- out for the afels employed in the faid fishery under the limitations and reftric- fishery : tions herein-after expreffed; that is to fay, every fuch fhip or veffel fhall appear by her regifter to be British-built, and shall be fitted and cleared out from fome port of Great Britain or Ireland, or the islands of ferfey, Guernsey, or Man, and fhall be wholly owned by his Majefty's fubjects ufually refiding in any of the dominions aforefaid, and navigated as herein-after directed.

III. And be it further enacted by the authority aforefaid, That premiums and for fifteen of fuch fhips or veffels which fhall be fo fitted and conditions for 15 fhips: cleared out between the firft day of January and the thirty-first day of December, in the year one thoufand feven hundred and e ninety-fix, and between the firft day of January and the thirtyfirst day of December, in each fucceeding year, and shall have failed to the fouthward of the equator, and shall there have bona fide carried on the faid fishery, and fhall return before the first day of December, in the year fubfequent to that in which they cleared out, to fome port of Great Britain, there fhall be paid and allowed three hundred pounds to each of the five fuch fhips or veffels which shall so fail and first arrive, within the times hereinbefore mentioned, with the greatest quantity of oil or head matter taken together, being not lefs in the whole than twenty tons in each of fuch fhips or veffels, and being the produce of one or more whale or whales, or other creatures living in the feas, taken and killed by the crews of every fuch fhip or vellel refpectively; and there shall be paid and allowed two hundred pounds to each of the five fuch fhips or veffels, which thall in like manner fail and fift arrive with the next greateft quantity of fuch oil or head matter taken together, being not lefs in the whole than twenty tons in every fuch thip or veffel, and being the produce of any whale or whales, or other creatures living in the feas, fo taken as aforefaid; and there shall be paid and allowed one hundred pounds to each of the five fuch fhips or vellels, and which shall in like manner fail and firft arrive with the next greatest quantity of fuch oil or head matter taken together, being not lefs in the whole than twenty tons in every fuch fhip or vessel, and being the produce of any whale or whales, or other creatures living in the feas, fo taken as aforefaid.

IV. And be it further enacted by the authority aforefaid, That premiums and for five other of fuch fhips or veffels which fhall be fitted and conditions for cleared out, and fhall fail within the times herein-before men5 other ships: tioned, and proceed to the fouthward of the thirty-fixth degree

of

premiums and

of fouth latitude, and fhall there bona fide carry on the faid fifhery, and fhall not return till after the expiration of fourteen calendar months from the day on which they cleared out, but before the thirty-first day of December in the fecond year after their clearing out, to fome port in Great Britain, there fhall be paid and allowed four hundred pounds to each of fuch ships or veffels which fhall fo fail and arrive, within the times herein-before laft mentioned, with the greatest quantity of oil and head matter taken together, being not lefs in the whole than twenty tons, and being the produce of any whale or whales, or other creatures living in the feas, and taken and killed by the crew of fuch fhip or veffel.

V. And be it further enacted, That for eight other of fuch conditions for fhips or veffels which fhall be fitted and cleared out, and shall eight other fail within the times herein-before mentioned, and shall double fhips. Cape Horn, or pass through the Streights of Magellan into the South Seas, and carry on the faid fishery during the space of four months, to the weftward of Cape Horn, in thofe feas, and shall not return to fome port of Great Britain till after the expiration of fixteen calendar months from the day on which they cleared out, but before the thirty-first day of December in the fecond year after their clearing out, there shall be paid and allowed fix hundred pounds to any one of fuch laft mentioned fhips or veffels, which fhall fo fail and arrive within the times herein laft mentioned, with the greateft quantity of oil and head matter taken together, being not lefs in the whole than thirty tons, and being the produce of any whale or whales, or other creatures living in the feas, and taken and killed by the crew of fuch fhip or veffel in the faid voyage, either outward or homeward; and there fhall be paid and allowed five hundred pounds to each feven of such ships or veffels laft before mentioned, which fhall fo fail and arrive within the times hercin laft before mentioned, with the next greatest quantity of oil and head matter taken together, being not less in the whole than thirty tons, and being the produce of any whale or whales, or other creatures living in the feas, and taken and killed by the crew of such ship or vessel in the faid voyage, either outward or homeward.

Veffels need

VI. Provided always, and be it further enacted, That the not be cleared owner or owners of any fhip or veffel fhall not be obliged to out fpecially clear out fpecially for the respective latitudes fpecified in this act, but shall be entitled to the premiums hereby granted, on complying with all the other conditions, regulations, and reftrictions, impofed by this act.

for the latitudes fpe

cified.

The mafter

of the crew to

VII. And be it further enacted by the authority aforefaid, That every fuch fhip or veffel fhall be navigated by perfons, of and 3 fourths whom the mafter and at least three fourths of the mariners are be British fub- his Majefty's fubjects, ufually refiding in Great Britain, Ireland, Guernsey, Jersey, or Man; or if fuch fhip or veffel fhall clear cleared from out from any port of Great Britain, then that fuch fhip or velfel reign protef. may be navigated by perfons being proteftants, and who, not

jects, or if

Britain, fo

being fubjects of his Majefty, have been heretofore employed in tants intendcarrying on the faid fifhery, and who fhall, at the time of clear- ing to fettle in Britain, &c. ing out of every fhip or veffel on board of which they shall serve respectively, take the oath (or, being a quaker, shall make a declaration) of fidelity and allegiance to his Majefty, and alfo fhall make oath (or, being a quaker, fhall make affirmation) before two or more of the principal officers of the customs, of which the collector is to be one, at the port where fuch fhip or veftel fhall fo clear out, (which oath or affirmation they are hereby authorifed and required to adminifter), if it is their firft voyage from any port of Great Britain, that they have already eftablifhed, or that it is their intention to establish themselves and their families in Great Britain, as inhabitants thereof, and subjects of his Majefty; and if it fhall be their fecond, or any fubfequent voyage, that they actually have established themfelves and their families in Great Britain, and have taken the oath (or, being quakers, have made a declaration) of fidelity and allegiance to his Majefty as aforefaid.

three years, on

VIII. And be it further enacted by the authority aforesaid, That no premium granted by this act fhall be paid or allowed to to be paid unNo premium any perfon or perfons whatever, for or on account of any fhip or lefs there is an veffel employed in the aforefaid fifhery, unless fuch fhip or vefiel apprentice, infhall have on board an apprentice indentured for the fpace of dentured for three years, at the leaft, for every fifty tons burthen of fuch fhip board for eve or veffel by admeafurement, every fuch apprentice not exceeding ry 5 tons the age of eighteen years, nor being under fourteen years, at the burthen. time he shall be fo indentured, and having proceeded on and continued the whole of the voyage, both out and home, for which any fuch premium fhall be claimed, uniefs fuch apprentice died or deferted in the course of thaftoyage; which facts shall and are hereby required to be verified by the oath of the mafter, the mate, and two of the mariners, belonging to fuch fhip or vessel, unless by reafon of fome unavoidable accident, proof whereof fhall be made to the fatisfaction of the officers of the customs herein-after mentioned, two mariners cannot be procured, and then by the oath of the master and mate, taken before two or more of the principal officers of the customs, at the port to which fuch ship or vellel fhall return from the faid fishery, (of which the collector is to be one), which oath they are hereby authorifed and required to adminifter; and in confirmation alfo thereof, the proper officers of the cuftoms belonging to the port to which fuch fhips or vellels fhall refpectively return, fhall, immediately after their return from fuch voyage refpectively, vifit every fuch fhip or veffel, and mufter the crew, and having fatisfied themselves therein, fhall certify the fame to the commiffioners of his Majefty's customs in England and Scotland refpectively.

tering appren tices to quit

IX. And be it further enacted by the authority aforefaid, That Penalty of gal. if the mafter of any fhip or vellel, or any other perfon or perfons on mafters fut whatever, to whom any apprentice or apprentices fhall be indentured pursuant to this act, fhall permit or fuffer any fuch their fervice apprentice or apprentices to quit, leave, or depart, his or their before expira

service,

tion of term.