and to pecuniary compensation, if

(free from expense) as are usually supplied to passengers, or as the state and condition of the vessel will admit.

SEC. 3. And be it further enacted, That if by reason more than 15 days of the delivery of any cargo of salt, in manner aforesaid, more than fifteen working days (computing from

be spent therein.

the date of entry) shall, in the whole, be spent therein, the wages or compensation of such inspector, or other officer, of the customs, who may be employed on board any vessel, in respect to which such term may be so exceeded, shall, for every day of such excess, be paid by master or owner; and until paid it shall not be lawful for the Collector to grant a clearance, or to permit such vessel to depart from the district.

March 16, 1802, 1st ses. 7th Con

Agreements with

what sanctions to

be made.

?

An act for the government of persons in certain fisheries.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the master or skipper of any fishermen, under vessel of the burthen of twenty tons or upwards, qualified, according to law for carrying 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 on such fishing voyage, make an agreement, in writing or print, with every fisherman who may be employed therein, (except only an apprentice or servant of himself or owner) and, in addition to such terms of shipment as may be agreed on, 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 fishing voyage or voyages, which may appertain to the fishermen, shall be divided among them, in propor

tion to the quantities or number of said fish which they may respectively have caught; which agreement shall be endorsed or countersigned by the owner of such fishing vessel or his agent. And if any fisherman, having engaged himself for a voyage, or for the fishing season, in any fishing vessel, and signed agreement therefor as aforesaid, shall thereafter and while such agreement remains in force and to be performed, desert or absent himself from such vessel without leave of the master or skipper thereof, or of the owner or his agent, such deserter shall be liable to the same penalties as deserting seamen or mariners are subject to in the merchant service, and may in the like manner, and upon the like complaint and proof, be-apprehended and detained; and all 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 fishing voyage to which such deserter had or shall become entitled. And any fisherman, having engaged himself as aforesaid, which they be who shall during such fishing voyage refuse or neglect his proper duty on board the fishing vessel, being thereto ordered or required by the master or skipper thereof, or shall otherwise resist his just commands to the hinderance or detriment of such voyage, besides being answerable for all damages arising thereby, shall forfeit to the use of the owner of such vessel his share of any public allowance which may be paid upon such voyage.

Conditions to

come subject.

continue liable

hands on certain

SEC. 2. And be it further enacted, That where an Fishing vessels to agreement or contract shall be so made and signed for wages of the for a fishing voyage or for the fishing season, and any conditions. fish which may have been caught on board such vessel during the same, shall be delivered to the owner or to his agent for cure, and shall be sold by said owner or agent, such vessel shall, for the term of six months after such sale, be liable and answerable for the skipper's and every other fisherman's share of

Proviso.

Proviso

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 against for the wages of seamen or mariners in the merchant service. And upon such process for the value of a share or shares of the proceeds of fish delivered and sold as aforesaid 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 said vessel shall be answerable upon such process for what may be the highest value of the share or shares demanded. 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 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 respectively; and judgment shall be rendered upon such process for the respective balances which upon such an enquiry shall appear. Provided always, That when process shall be issued against any vessel liable as aforesaid, if the owner thereof, or his agent, will give bond to each fisherman in whose favour such process shall be instituted, with sufficient security, to the satisfaction of two justices of the peace, one of whom shall be named by such owner or agent, and the other by the fisherman or fishermen, pursuing such process, or if either party shall refuse, then the justice first appointed shall name his associate, with condition to answer and pay whatever sum shall be recovered by him or them on such process, there shall be an immediate discharge of such vessel: Provided, That nothing herein contained shall prevent any fisherman from having his action at common law for his share or shares of fish or the proceeds thereof as aforesaid.

19th June, 1813, 1st ses. 13th Con.

An act laying a duty on imported salt; granting a bounty on pickled fish exported, and allowances to certain vessels employed in the fisheries.

Be it enacted by the Senate and House of Representa

tives of the United States of America, in Congress assem

led fish.

bled, That from and after the first day of January Duty upon salt. next, a duty of twenty cents per bushel shall be laid, imposed, and collected, upon all salt imported from any foreign port or place into the United States. In calculating the said duty, every fifty six pounds of salt shall be computed as equal to one bushel. And the said duty shall be collected in the same manner, and under the same regulations as other duties laid on the importation of foreign goods, wares, and merchandize, into the United States: Provided, that drawback shall Proviso in no case be allowed, and the term of credit for the payment of duties shall be nine months. SEO. 2. And be it further enacted, That on all pickled Duties upon pick. fish of the fisheries of the United States, exported therefrom subsequent to the last day of December, 1814, there shall be allowed and paid a bounty of 20 cents per barrel, to be paid by the Collector of the district from which the same shall be so exported, without any deduction or abatement: Provided always, that in order Proviso. to entitle the exporter or exporters of such pickled fish to the benefit of such bounty or allowance, the said exporter or exporters shall make entry with the Collector and naval officer of the district from whence the said pickled fish are intended to be exported; and shall specify in such entry the names of the master and vessel in which, and the place where such fish are intended to be exported, together with the particular quantity; and proof shall be made to the satisfaction of the Collector of the district from which such pickled fish are intended to be exported, and of the naval officer thereof, if any, that the same are of the fisheries of the

United States; and no entry shall be received as aforesaid, of any pickled fish which have not been inspected and marked pursuant to the inspection laws of the respective states where inspection laws are in force, in regard to any pickled fish, and the casks containing such fish shall be branded with the words "for bounty, with the name of the inspector or packer, the species and quality of the fish contained therein, and the name of the port of exportation; and the Collector of such district shall, together with the naval officer, where there is one, grant an order or permit for an inspector to examine the pickled fish as expressed in such entry, and if they correspond therewith, and the said officer is fully satisfied that they are of the fisheries of the United States, to lade the same, agreeably to such entry, on board the, ship or vessel therein expressed: which lading shall be performed under the superintendance of the officer examining the same, who shall make returns of the quantity and quality of pickled fish so laden on board, in virtue of such order or permit, to the officer or officers granting the same. And the said exporter or exporters, when the lading is completed, and after returns thereof have been made as above directed, shall make oath or affirmation, that the pickled fish expressed in such entry, and then actually laden on board the ship or vessel as therein expressed, are truly and bona fide of the fisheries of the United States, that they are truly intended to be exported as therein specified, and are not intended to be relanded within the limits of the United States; and shall also give bond in double the amount of the bounty or allowance to be received, with one or more sureties to the satisfaction of the Collector of the port or place from which the said pickled fish are intended to be exported, conditioned that the same shall be landed and left at some foreign port or place without the limits aforesaid; which bonds shall be cancelled at the same periods and in like man