Manx Museum MS15025 - Lutwidge re Revenues

This file includes several manuscript tables together with a printed pamphlet with the following Cover Note addresed to Thomas Orde Esqr

Agreable to your request I take the liberty to transmit An Abstract of the Revenue of his Majesty's Harbours in the Isle of Man according to the directions of the Act the 11th of his Majesty A State of the Herring Fishery from that Islands being annex'd to the Crown till the present year. Also the Inclosed Observations made by yr Agents for the Inhabitants, upon the Bill brought into Parliamt last year at the instance of his Grace the Duke of Atholl to prove the said Fishery & the Salmon fisherys in the Bays were by the Purchase Act intended and understood to be Vested in the Crown
I am &c

Chas Lutwidge 3d Augt 1782

An Account of the Receipt of His Majesty's Revenues in the Isle of Man arising from the Duties upon Imports into said Island according to the Act the 7th of his Majesty for encouraging and regulating the Trade &c 6 Cap 45

NB By an Act passed the 20th of his Majesty Several Additional Duties were laid But the present Hostilities have prevented the Importations which would otherwise have taken place

An Abstract of the Amount of the Revenue of his Majesty's Revenues in the Isle of Man according to the directions of the Act of 11th of his present Majesty from 5th July 1771 to 5th July 1781 distinguishing each year.

An Account of the number of Boats and Wherries employed in the Herring Fishery upon the Coasts of the Isle of Man from the Year 1765 the same it became vested in his Majesty to the year 1781 both inclusive

NB The above Boats are in General Navigated with eight Men, which render this Fishery a Valuable Nursery of Seamen, and being under the immediate Direction and Inspection of the Officers of His Majesty's Revenue may upon an Extraordinary emergency afford upwards of 2500 Men for the service of Government

Chas Lutwidge Rcvr & Survr Genl 3d Aug 1782

An Account of several Officers in the Isle of Man Constituted by Warrant of the Right Honorable the Lords of the Treasury 10th July 1766 to the Commissioners of the Customs and paid Quarterly from the Port of Whitehaven as they remain the 5th July 1782

[Copy of the Warrant dated 10 July 1766]

After our hearty Commendations, whereas the following Establishment of Officers and their Salaries in the Isle of Men hath been lately made.

And it appears that the Revenue arising in the said Island are not at present Sufficient for paying of the said Salaries; These are to authorise and require you to cause Payment to be made Quarterly of the Sum of One Hundred Sixty two Pounds and Ten Shillings unto Charles Lutwidge Receiver and Surveyor General of the said Island to be by him paid over to satisfy and discharge the Salaries of the Several Officers before mentioned; and he is hereby required to take care that such Deduction be made thereout in Case of Deaths, Dismissions and Suspensions or Absence of the Officers established as aforesaid as may be reasonable and we do hereby authorize and direct you to continue the Said Quarterly Payment to the Said Charles Lutwidge by way of Imprest from the Collector of Whitehaven until we shall signify Our Orders to the Contrary and to place the said Expence to the Accounts of Incidents of the Customs in general, and for so doing this shall be your Warrant,
Whitehall Treasury Chambers the 10 July 1766
Willm Dowdeswell, [] Cavendish, Thos Townshend

OBSERVATIONS ON THE BILL respecting the ISLE of Man,

Brought in at the Instance of his Grace the Duke of ATHOLL;
and more particularly on his Grace's Claim to the Duty called the HERRING CUSTOM.

The Agents for the inhabitants of the Isle of Man think they cannot give a more full and satisfactory answer to the claim made by the Duke of Atholl to the duty known in the Isle of Man by the name of the Herring Custom, or a Duty of Ten Shillings upon every boat belonging to the Isle of Man, which is employed in the Herring Fishery upon the coasts of that Island, and of Twenty Shillings upon every boat which fishes there, and is the property of persons residing in England, Scotland, or Ireland, than by quoting the words made use of by his Majesty's late Attorney and Solicitor General (the Right Honourable Lord Loughborough, and James Wallace, Esq;), upon an Act brought in last year, for the same purpose as that now in agitation, and which was, by the Lords of the Treasury, referred to them for their report and opinion concerning the same. With respect to the fisheries, they, by their Report dated June 7, 1780, report as follows :

Amongst the most valuable interests which by the proposed bill are declared to belong to the Duke of Atholl, and to have been intended to be reserved and excepted, are a duty called Herring Custom, of Ten Shillings for and upon every boat or other vessel employed in the Herring Fishery, and the Salmon Fisheries in the bays of the island. The bill supposes the Herring Custom and the Salmon Fisheries in the bays to be expressly reserved by the act under the denomination of Piscaries and Fishings *, and to be the only fisheries of and belonging to the said island held and enjoyed under the grants recited in the act. But we conceive the duty called Herring Custom does not fall within the description of a Piscary or Fishing. And it is observable that this right is expressly taken notice of in the schedule annexed to the act passed in the year 1765, to confirm the sale of the sovereignty of the Island to the Crown, as yielding a considerable annual income under the title of "clear Revenue of the Custom of Herrings;" and it is reasonable to suppose, if there had been an intention to reserve this valuable property to the family, a clear description, or at least some expression applicable to it, would have been found in the exception of the act.

With respect to the Salmon Fisheries in the bays, notwithstanding the words "Piscaries or Fishings" might in their general import comprehend the same, yet we conceive the Salmon Fisheries in the bays are not reserved by these words, nor were intended to be excepted out of the Act. Piscaries (Fishings) stand in the act amongst a variety of general words used by Conveyancers out of caution, in order to include every species of right or privilege which may belong to the subject of the conveyancer but do not furnish an inference that they do in fact belong to it, and with that view the words Piscaries and Fishings were probably inserted in the act ; but whatever might be the purpose of inserting these words, we are of opinion they ought in construction to be restrained to inland fisheries. By the proposal recited in the act to have been made by the Duke of Atholl for the sale of the Isle, the reservation is only of their landed property, "with all their rights in and over the soil as Lords of the Manor, with all courts baron, rents, services, and other incidents to such courts belonging, their waftes, commons op other lands, inland waters, Fisheries and mills, and all mines, minerals and quarries, according to their respective rights therein, and all felons Goods; deodands, waifs, strays and wrecks at sea, together with the patronage of the bishopric, and of the other ecclesiastical benefices in the said Island, to which they were then entitled." This seems to be the basis of the exception in the act, which is (amongst other things) " of hundreds, manors, towns, inland waters, pools, fish ponds, streams, piscaries, fishings, &c,. and any profits, commodities, advantages, emoluments and appurtenances, spiritual and temporal, to the said reserved and excepted premises, or any of them belonging, incident, appendant, or in any wise appertaining, or any interest therein, in possesssion, remainder, or reversion, within the said Island of Man, or any of the Islands and dependencies to the same belonging". It was admitted by the Counsel on the part of the Duke of Atholl, that there were inland fisheries belonging to the Duke and Duchess of Atholl at the time of passing this act, and which have ever since been enjoyed by the family† .

The events respecting the Herring Custom and Salmon Fisheries in the bays, since the passing of the act, demonstrate that these rights were intended and understood to be vested in the Crown. The Herring Custom has ever since the passing of the act been received by his Majesty's Officers, without any claim or objection from the late or present Duke of Athol,

Possession of the Salmon Fisheries in the bays was immediately given by the Agents of the late Duke of Atholl to his Majesty's Officers, and the same have ever since been let to and enjoyed by tenants under his Majesty.

Since the passing of the act, the revenues arising from the Herring Custom and Bay Fisheries have been twice appropriated by Parliament as belonging to his Majesty By the Act of 7th Geo. III. c. 44. for encouraging and regulating the Trades and Manufactures of the Isle of Man, it is enacted, for promoting industry, and to encourage the inhabitants of the Isle of Man to engage in the Herring Fishery upon the coasts thereof; and in the manufacturing of linen cloth, several bounties are given, which are directed to be paid out of the duties of Ten Shillings payable to his Majesty in the said Isle, for and upon every boat or other vessel employed in the Herring Fishery, and out of the Money arising to his Majesty from the several Bay Fisheries of the said Island ; and in case of deficiency, the bounties were to be paid in equal rates and proportions.By the Statute of 11 Geo. III. c. 52. for repairing, amending, and supporting the Sea-ports in the Island of Man, after taking notice that scarcely more than one-tenth part of the fishermen of the said Island had complied with the terms on which the bounties were granted, nor had they produced any advantage to the manufacture of the Island, so that the same had proved of no effect, therefore the said bounties are put an end to, and the said duties of Ten Shillings, payable to his Majesty in the Isle for and upon every boat or other vessel employed in the Herring Fishery, and out of the money arising to his Majesty from the Bay Fisheries, subject to certain allowances, are directed to be applied by his Majesty's Receiver General in the Isle of Man, or his Deputy, to the repair and support of the harbours, and has been uniformly and uninterruptedly applied to that purpose ever since.

To this very respectable authority may be added that of the present Attorney and Solicitor General, who, by their Report dated the 20th of April 1781, entirely concur with and refer to, the opinion above extracted from; as do his Majesty's Law Officers of the Isle of Man, to whom this claim has also been referred. It is further submitted, that the Herring Custom, and rents of the Salmon Fisheries being now the principal fund for the support of the harbours in the Isle of Man, and being by the above-mentioned Act of the 11th Geo. III. made security for the payment of money to private individuals, it would be highly unjust to deprive them of this parliamentary security, without providing them some other adequate security; and there is not the least provision made for them by this Bill.

* In the House of Commons the words Piscaries and Fishings were struck out, and instead thereof the Herring Custom and Salmon Fisheries are said to be reserved amongst the manerial rights of the Duke of Atholl; but it is evident to every one conversant in law, that revenues which are collected at sea, and frequently many leagues from shore, can never be manerial rights ; and the Counsel for his Grace seem sensible of this; for if, under the reservation of manerial rights these articles are already included, the Duke of Atholl might have his remedy in a Court of Law, and there is no occasion for the intervention of Parliament.

† To put this matter out of all doubt, the following, amongst many other Inland Fisheries, may be enumerated,

Douglas, in the occupation of	Mr. Heywood. Rent	13s 4 d
Peel, "	Mr. Moore, and Mr. Ratcliffe.	5s 0d
Derby Haven "	Mr Murray	8s 0d
Ramsey "	Major General Harrison,	6s 8d