Acts. 199

accused, but that such Fact was committed by the Direction,
Order, or Approbation of the Master, Mistress, Dame, or
Overseer of such Servant, or Slave; that then such Master,
Mistress, Dame, or Overseer, shall, upon Conviction of such
Directions, Order, or Approbation, as aforesaid, in Manner
above prescribed, be liable to the same Forfeitures, as if such
Fact had been personally committed by the Person so Direct-
ing, Ordering, or Approving the same: But if such Fact shall
appear to such Justice or Justices, as aforesaid, to have been
voluntarily committed by such Servant, or Slave, without any
such Directions, Order, or Approbation, as aforesaid, that
then such Servant, or Slave, being convict thereof in Manner
aforesaid, shall, in Default of the Payment of the Fine or
Fines, as above by this Act imposed, forthwith suffer Corporal
Punishment, by being whipt with so many Stripes on his or
their bare Back, as to the Justice or Justices, before whom
such Conviction shall happen, shall seem meet, not exceeding
Thirty nine.
Provided nevertheless, That this Act, or any thing therein
contained, shall not extend, or be construed to extend, to
hinder or debar any Persons whatsoever, from Striking
Whales, Sharks, Porpoises, Sturgeon, Stingraes, Skates, or
Garfish, in the Day-time, within the Precincts aforesaid, nor
any other sort of Fish, at any Time, upon the Sea-side.
Pass'd November 15^th 1712.

Baskett