This call for a due execution of the laws relating to the fishery, again drew the attention of the board of trade to the Stat. 10 & 11 Will. 3, c. 25. and the defect, so often complained of in that act, “not having any penalties specially annexed to the breach of it.” And on a question proposed by the board to Mr. _Montagu_, then solicitor general, he declared it to be clear, that although no particular penalty was mentioned in an act of parliament, requiring or prohibiting any thing, yet any offender against such act may be fined at the discretion of the court, when found guilty on an indictment or information[10]. [Sidenote: Representation 1708. For the sea commanders to command at land.] The board then proceeded to make a representation to her majesty on the occasion of the before-mentioned address; in which they say, that no complaint had ever come to them of exactions, or demands made by commanders of the queen’s ships; and if there were, the offender should be prosecuted on Stat. 15 Car. 2. c. 16. That the charge against _Major Lloyd_, for letting out the soldiers to work in the fishery, was under examination at the board. But that for preventing any misconduct of officers with relation to the fishery and trade in future, they recommended, that the commodore, during his stay there, should have the command at land, as he used to have from the first sending out of a garrison, till within the last three years, when that practice was discontinued. They thought this would contribute better to support good order and peace, in a place where no regular civil government was established; and that it would enable him to superintend the queen’s stores, and to make better returns of the state of the trade and fishery. As to the execution of the act in general, they stated the abuses and irregularity subsisting in the island; the ignorance and partiality of the fishing admirals; and they recommended that the commodore should be impowered to redress and punish all offences, and abuses committed at Newfoundland against Stat. 10 & 11 Will. 3, c. 25.; as to those which he could not redress, they recommended he should inform himself whether the provisions of the act were duly complied with, and who were the offenders against them, in order that they might be proceeded against in this kingdom. They submitted whether it would not be proper to issue a royal proclamation for better observation of this law[11]. [Sidenote: Such commission issues.]