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belonging to a private owner, and any person may be arrested on board such ship accordingly.
7.-(1.) Every fine under this Act, if exceeding 50l., may be recovered by action in the High Court in England or Ireland or in the Court of Session in Scotland, and the Court in which it is recovered may reduce the amount of such fine, and a fine under this Act, not exceeding 501., may be recovered on summary conviction, provided that every offence for which a fine exceeding 501. can be imposed under this Act may be prosecuted on summary conviction, but the fine imposed on such conviction shall not exceed 501.
(2.) In the case of a summary conviction, any person who thinks himself aggrieved by such conviction may appeal to Quarter Sessions. In Scotland such person may appeal in manner provided by “The Summary Prosecutions Appeals (Scotland) Act, 1875."*
(3.) Service of any summons or other matter in any legal proceeding under this Act shall be good service if made by leaving the summons for the person to be served on board the ship to which he belongs with the person being or appearing to be master of the ship.
(4.) If a fine under this Act imposed on the master of a ship is not paid, and cannot be recovered out of any security given in pursuance of this Act, the Court may, in addition to any other power for enforcing payment of the fine, direct the amount to be levied by distress or poinding aud sale of the ship, her tackle, furniture, or apparel. An officer of Customs in detaining a ship or releasing a ship after detention in pursuance of this Act shall act upon such requisition or authority, and under such regulations as the Commissioners of Customs may make with the consent of the Treasury.
8.-(1.) An Order in Council may, for the purpose of a Convention with a foreign State, apply this Act, subject to any exceptions or modifications not inconsistent with the provisions of this Act, to any British possession, and this Act when so applied shall, subject to those exceptions and modifications, and subject as hereinafter mentioned, have effect as if it were re-enacted with the substitution of such British possession for the United Kingdom;
Provided that before it is applied to any British possession named in the Schedule to this Act, the Government of such posses. sion shall have adhered to the Convention.
(2.) Where this Act applies to a British possession, it shall not be necessary for the owner of any mail-ship to give security in any Court in that possession, and the provisions of this Act with respect to the jurisdiction of any Court of the United Kingdom, other than any jurisdiction relating to the application of the security, shall apply as if a Court in the British possession were substituted for a Court of the United Kingdom.
* 38 & 39 Vict., c. 62.
(3.) It shall be lawful for Her Majesty in Council to make rules for carrying into effect, as respects British possessions, the provisions of this Act with respect to the security given by mail-ships, and in particular with respect to the commencement of a legal proceeding by service of a writ or process in the possession, and to the notices to be given to arresting authorities in the possession, and the evidence to be receivable by such authorities of the security having been given or withdrawn, and the application of the security in discharge of any damages, fine, debt, claim, sum, or forfeiture, where the same are or is recovered or payable either in the British possession, or under proceedings pending concurrently in that British possession and in any other British possession or the United Kingdom.
(4.) If by any law made either before or after the passing of this Act by the Legislature of any British possession provision is made for carrying into effect within such possession any Convention to which this Act applies, Her Majesty in Council may suspend the operation within such possession of this Act or of any part thereof so far as it relates to such Convention, and so long as such law continues in force there, or direct that such law or any part thereof shall have effect in such British possession with or without modifications and alterations as if it were part of this Act.
9. In this Act
The expression “mail bag" means a mail of letters, or a box, or parcel, or any other envelope in which post letters within the meaning of the Acts relating to the Post Office are conveyed;
The expression “subsidy” includes a payment for the performance of a contract;
The expression “master of a ship” includes any person in charge of a ship, whether commander, mate, or any other person;
The expression “ship of a foreign State” means a ship entitled to sail under the flag of a foreign State;
The expression " arresting authority” means any Court, authority, or officer having power to arrest or detain a ship, or to arrest a person on board a ship, or to order such arrest or detention, or to order the execution of any process, civil or criminal, for the arrest of a person on board any ship;
The expression “postal officer" means any person employed in the business of the Post Office of the United Kingdom or a British possession or foreign State, as the case may be, whether employed by the Postmaster-General, or the chief of the Post Office of the British possession, or the chief of the Post Office of the foreign
State, or by any person under him, or on behalf of any such Post Office, .
10. This Act may be cited as “The Mail-ships Act, 1891."
British Possessions to which Act is applicable only upon the Government
adhering to Convention.
Cape of Good Hope.
ACT of the British Parliament, to amend the Law relating to
the Salaries and Fees of Consular Officers. [54 & 55 Vict., c. 36.]
[July 21, 1891.) Be it enacted by the Queen'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, as follows :
1.-(1.) There may be granted to a Consular officer, out of money provided by Parliament, such remuneration and allowance for expenses as may from time to time be fixed by a Secretary of State with the approval of the Treasury.
(2.) Such remuneration and allowance shall be received by a Consular officer so long only as he actually discharges the duties of his office: provided that if a Consular officer is absent from his post with the sanction of the Secretary of State, he may receive the whole or such part of the remuneration or allowance accruing during his leave of absence as the Secretary of State with the approval of the Treasury may by regulation direct.
2.-(1.) It shall be lawful for Her Majesty the Queen, by Order in Council, to fix the fees to be taken ir respect of any matter or thing done by a Consular officer in the execution of his office, and to vary such fees by way of increase or decrease, and to abolish fees, and to create new fees.
(2.) All such fees shall be levied, accounted for, and applied, and may be remitted, in accordance with regulations issued by the Secretary of State with the approval of the Treasury.
(3.) A Consular officer shall not, save as may be provided by any Order in Council under this Act, ask for or take any fee or reward for or on account of any act, thing, or service done, performed, or rendered by him in the execution of his office, and if he does, he shall, without prejudice to any other liability, be liable for each offence to a fine not exceeding 1001., recoverable in the High Court, by information on the part of Her Majesty's Attorney-General.
(4.) Tabies of the fees which may, for the time being, be taken under any Order in Council issued in pursuance of this Act shall be published and exhibited in a conspicuous manner for the inspection of all persons at the custom-houses of the United Kingdom ; and a printed copy thereof shall be given by every chief officer of customs, at a port of the United Kingdom, gratuitously to every master of a ressel clearing out of that port who requests the same.
(5.) Every Consular officer shall hang up and exhibit in a conspicuous place in his Consular office a copy of the Table of fees to be taken under any Order in Courcil issued in pursuance of this Act, and shall permit the same to be inspected by any person interested therein.
3. In this Act the expression “ Consular officer” includes Con. sul-General, Consul, Vice-Consul, Consular Agent, Pro-Consul, and any person for the time being authorized to perform the duties of Consul-General, Consul, Vice-Consul, or Consular Agent.
4. The Act mentioned in the Schedule to this Act is hereby repealed to the extent in the third column of that Schedule inentioned.
Provided that any Order in Council issued under any enactment repealed by this Act, and in force at the commencement of this Act, shall continue in force as if it had been issued in pursuance this Act.
5. This Act may be cited as The Consular Salaries and Fees Act, 1891."
Session and Chupter.
Extent of Ropeal. 6 Geo. IV, c. 87* .. An Act to regulate the The whole Act so far as unpayment of salaries
repealed, except sections 10 and allowances to Bri- to 15, so far as they relato tish Consuls at foreign to any church, hospital, ports, and the dis- chapel, or burial - ground bursements at such for which, or to the office ports for certain
of any chaplain for whom, public purposes. provision is being made, at
the commencement of this Act, out of money provided by Parliament.
* Vol. XII, page 377.
ACT' of the British Parliament, to carry into effect an Inter
national Declaration respecting the North Sea Fisheries, and to amend the Law relating to Sea Fisheries and Salmon and
Freshwater Fisheries. [54 & 55 Vict., c. 37.]
[July 21, 1891.] Be it enacted by the Queen'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, as follows :
Part I.-Belgian Declaration and Sea Fisheries Act, 1883.
1. The Declaration set out in the Schedule to this Act (hereinafter referred to as the Scheduled Declaration) is hereby confirmed, and the Articles thereof shall be of the same force as if they were enacted in the body of this Act.
2.-(1.) Any Commission appointed by the Board of Trade in pursuance of Article 1 of the Scheduled Declaration shall, for the purpose of its duties, have the same powers as an Inspector appointed by the Board of Trade in pursuance of section 14 of " The Merchant Shipping Act, 1854,"* and sections 15 and 16 of that Act shall apply as if the Commission were such an Inspector.
(2.) Any such Commission may take security, in such form as the Board of Trade may by rule prescribe, for the attendance of a witness before a Court of Justice in Belgium, and any sum which may become due in pursuance of such a security may be recovered in like manner as a sum due in pursuance of a security given under “ The Summary Jurisdiction Act, 1879."
3. A document purporting to be certified by a Secretary or Assistant Secretary of the Board of Trade to be a report made or certificate given in pursuance of Article 3 of the Scheduled Declaration shall be deemed to be such a report or certificate, and to have been duly forwarded.
4. If, either within or without the exclusive fishery limits of the British Islands, any person belonging to a British sea fishing-boat acts in contravention of Article 4 of the Scheduled Declaration, he shall be liable to the like penalty as for a contravention of Articles XIII to XXII of the First Schedule to “ The Sea Fisheries Act, 1883.”+
Provided that if the Scheduled Declaration ceases to be binding on Her Majesty, this section sball cease to apply in the case of
* Vol. XLV, page 1347.
† International Convention of May 6, 1882, respecting the North Sea Fisheries. Vol. LXXIII, page 39.