Fisheries (Scotland) Act 1756
| Jurisdiction | UK Non-devolved |
| Citation | 1756 c. 23 |
| Year | 1756 |
(29 Geo. 2) C A P. XXIII.
W H E R E A S the extending and improving of theBritish Fishery is of great Importance to this Kingdom, as it not only adds considerably to the national Wealth, but is moreover a fruitful Nursery of able Seamen for the publick Service: And whereas the same is greatly obstructed by certain Restrictions, Exactions and Regulations, to which the Fishers and Curers of Fish in North Britain are subject, either by Custom or the Laws now in Force: And whereas it further appears that it would be very advantageous to Trade in general, as well as to the Fishery, if the said Exactions and Restrictions were taken off, and such new Regulations made, as are more accommodated to the present Circumstances of both: And whereas by an Act made in the third Session of the first Parliamentof the late Queen Anne , inScotland, intituled, An Act for advancing and establishing the Fishing Trade in and about that Kingdom , all her Majesty's Subjects of that Kingdom are authorized and impowered to take and cure Herring and White Fish, in all and sundry the Seas, Channels, Bays, Firths, Lochs, Rivers and so forth, of that her Majesty's Kingdom and Islands thereto belonging, wheresoever Herring or White Fish are or can be taken; and for their greater Conveniency, to have the free Use of all Ports, Harbours, Shores, Forelands and others, for bringing in, pickling, drying, unloading and loading the same, upon Payment of the ordinary Dues where Harbours are built, that is, such as are paid for Ships, Boats and other Goods; and-discharges all other Exactions, such as one Night's fishing in the Week, commonly called Saturday's Fishing, Top-money, Stallage , and the like:' And for the further explaining, enforcing and amending the said Law; May it please your most Excellent Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the twenty-fifth Day of one thousand seven hundred and fifty-six, all Persons whatsoever, Inhabitants ofGreat Britain , shall, and they are hereby declared to have Power and Authority, at all Times and Seasons, when they shall think proper, freely to take, buy from Fishermen, and cure any Herrings, Cod, Ling or any other Sort of White Fish, in all and every Part of the Seas, Channels, Bays, Firths, Locks, Rivers or other Waters, where such Fish are to be found, on the Coasts of that Part of Great Britain called Scotland, and of Orkney, Shetland , and all other Islands belonging to that Part of Great Britain called Scotland; any Law, Statute or Custom, to the contrary in any wise notwithstanding: And if any Person or Persons whomsoever shall, after the twenty-fifth Day of June one thousand seven hundred and fifty-six, under any Pretence whatsoever, presume to obstruct or hinder any Person or Persons from Fishing as aforesaid, in Moonlight Nights, or at any other Time whatsoever, in all or any, or in any Part of the said Seas, Channels, Bays, Firths, Lochs, Rivers or other Waters as aforesaid, or shall demand or receive any Gratuity or Allowance whatsoever, either in Money, Fish or otherwise, under the Name of Saturday Night's Fishing , or under any other Name or Pretence whatsoever, from any Fisherman or other Person, for the Liberty of Fishing in all or any or in any Part of the said Seas, Channels, Bays, Firths, Lochs, Rivers and other Waters, as aforesaid; every such Person shall, for every such Offence respectively, forfeit the Sum of one hundred Pounds Sterling, to be recovered in Manner herein after directed; any Law, Usage or Custom to the contrary notwithstanding.
II The Use of Ports, Harbours, and Shores, allowed for landing Nets, erecting Stages and Tents, and curing Fish.
II. And be it further enacted by the Authority aforesaid, That all and every Person or Persons employed in the said Fishery, on the Coasts of that Part ofGreat Britain called Scotland, or on the said Coasts of Orkney, Shetland , or any of the said Islands, shall have and exercise the free Use of all Ports, Harbours, Shores and Forelands, in that Part of Great Britain called Scotland, or in Orkney, Shetland , or any of the said Islands, below the highest High Water Mark, and for the Space of one hundred Yards on any Waste or uncultivated Land, beyond such Mark, within the Land, for landing their Nets, Casks and other Materials, Utensils and Stores, and for erecting Tents, Huts and Stages, and for the landing, pickling, curing, drying, and reloading their Fish, without paying any Foreland or other Dues, or any other Sum or Sums of Money, or other Consideration whatsoever, for such Liberty, except as hereafter excepted; any Law, Statute or Custom whatsoever to the contrary notwithstanding: And if any Person or Persons shall presume to demand or receive any Dues, Sums of Money, or other Considerationwhatsoever, for the Use of any such Ports, Harbours, Shores or Forelands, within the Limits aforesaid, so made Use of for the Purposes aforesaid, or shall presume to obstruct the Fishermen or other Persons employed in the taking, buying, or curing of Fish in the Use of the same, every Person so offending shall, for every such Offence, forfeit the Sum of one hundred Pounds Sterling, to be recovered and levied in Manner herein after directed.
III Duties to be paid within artificial Harbours or Piers.
III. Provided always, That nothing in this Act contained shall extend to exempt the Vessels or Boats employed in the said Fishery, from the Payment of such Harbour or Pier Dues as are and by Law ought to be demanded for Ships, Vessels or Boats, in Piers or Harbours, which are built or artificially made, but that such Harbour or Pier Dues shall be paid in like Manner as the same were liable to be paid before the passing of this Act.
'IV. And whereas it is found by Experience that the Barrels now used for packing and putting up of White Herrings and Wet White Fish, in that Part ofGreat Britain called Scotland , are not of proper thickness;' Be it further enacted by the Authority aforesaid, That from and after the twenty-fifth Day of June one thousand seven hundred and fifty-eight, the Staves of all Barrels in which such Fish shall be packed or put up, shall be at least one HalfPart of an Inch in thickness throughout, of made Work; and if after the said twenty-fifth Day ofJune one thousand seven hundred and fifty-eight, any Barrel or Barrels containing such Fish, shall be found to be of a less thickness, than one Half Part of an Inch in any Part of the said Barrel, any Officer of Customs or Excise, or any Curemaster in Scotland, are hereby authorized and required to seize the same, and upon Proof thereof before any two Justices of the Peace, the Owner or Proprietor of such Fish shall forfeit both Fish and Barrel.
V Ann. c. 8.
'V. And whereas by an Act made in the fifth Year of the Reign of Queen Anne , intituled,An Act for an Union of the two Kingdoms of England and Scotland; it is enacted, That from and after the Union, the Laws and Acts of Parliament in Scotland, for pining, curing, and packing of Herrings, White Fish and Salmon for Exportation, with foreign Salt only, without any Mixture of British or Irish Salt, be continued in Force in Scotland, subject to such Alterations, as shall be made by a British Parliament; and that for establishing an Equality in Trade, all Fish exported from Scotland to Parts beyond the Seas, which should be cured with foreign Salt only, without any Mixture of British or Irish Salt, should have the same Eases, Premiums and Drawbacks, as were or should be allowed to such Persons as export the like Fish from England; by which enacting Clause the Curers of Fish in that Part of Great Britain called Scotland, are restricted...
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