ACT of the British Parliament, to provide for prohibiting the Catching of Seals at certain periods in Behring Sea and other parts of the Pacific Ocean adjacent to Behring Sea.

[56 & 57 Vict., c. 23.]

[June 29, 1893.] WHEREAS it is expedient to extend "The Sea Fishery (Behring Sea) Act, 1891," " to other waters of the North Pacific Ocean adjacent to Behring Sea, and for that purpose to repeal and re-enact that Act:

Be it therefore 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.) Her Majesty the Queen may, by Order in Council, prohibit during the period specified by the Order, the catching of seals by British ships in such parts of the seas to which this Act applies as are specified by the Order.

(2.) While an Order in Council under this Act is in force

(a.) A person belonging to a British ship shall not kill, take, or hunt, or attempt to kill or take, any seal during the period and within the seas specified by the Order; and

(b.) A British ship shall not, nor shall any of the equipment or crew thereof, be used or employed in such killing, taking, hunting, or attempt.

(3.) If there is any contravention of this Act, any person committing, procuring, aiding, or abetting such contravention shall be guilty of a misdemeanour within the meaning of "The Merchant Shipping Act, 1854," and the ship and her equipment, and every thing on board thereof, shall be liable to be forfeited to Her Majesty as if an offence had been committed under section 103 of the said Act, and the provisions of sections 103 and 104 and Part X of the said Act, and of section 3 of "The Merchant Shipping Act, 1876," (which are set out in the Schedule to this Act) shall apply as if they were herein re-enacted, and in terms made applicable to an offence and forfeiture under this Act, and any commissioned officer on full pay in the naval service of Her Majesty the Queen may seize the ship's certificate of registry.

(4.) Any commissioned officer on full pay in the naval service of Her Majesty the Queen shall have power, during the period and in the seas specified by the Order, to stop and examine any British ship, and to detain her, or any portion of her equipment, or any of her crew, if in his judgment the ship is being or is preparing to be used or employed in contravention of this Act.

* Vol. LXXXIII, page 123.

(5.) For carrying into effect an arrangement with any foreign State, an Order in Council under this Act may provide that such officers of that State as are specified in the Order may exercise the like powers under this Act as may be exercised by such a commissioned officer as aforesaid in relation to a British ship, and the equipment and crew and certificate thereof, and that such British officers as are specified in the Order may exercise, with the necessary modifications, the powers conferred by this Act in relation to a ship of the said foreign State, and the equipment and crew and papers thereof.

(6.) If during the period and within the seas specified by the Order a British ship is found having on board thereof fishing or shooting implements or seal-skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in contravention of this Act.

2.-(1.) Where an officer has power under this Act to seize a ship's certificate of registry, he may either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an indorsement of the grounds on which it was seized, and in either case may direct the ship, by an addition to the provisional certificate or to the indorsement, to proceed forthwith to a specified port, being a port where there is a British Court having authority to adjudicate in the matter, and if this direction is not complied with, the owner and master of the ship shall, without prejudice to any other liability, each be liable to a fine not exceeding 1007.

(2.) Where in pursuance of this section a provisional certificate is given to a ship, or the ship's certificate is indorsed, any officer of Customs in Her Majesty's dominions or British Consular officer may detain the ship until satisfactory security is given for her appearance in any legal proceedings which may be taken against her in pursuance of this Act.

3.-(1.) A statement in writing, purporting to be signed by an officer having power in pursuance of this Act to stop and examine a ship, as to the circumstances under which or grounds on which he stopped and examined the ship, shall be admissible in any proceedings, civil or criminal, as evidence of the facts or matters therein stated.

(2.) If evidence contained in any such statement was taken on oath in the presence of the person charged in the evidence, and that person had an opportunity of cross-examining the person giving the evidence and of making his reply to the evidence, the officer making the statement may certify that the evidence was so taken and that there was such opportunity as aforesaid.

4.-(1.) Her Majesty the Queen in Council may make, revoke,

and alter Orders for the purpose of this Act, and every such Order shall be forthwith laid before both Houses of Parliament and published in the "London Gazette."

(2.) Any such Order may contain any limitations, conditions, qualifications, and exceptions which appear to Her Majesty in Council expedient for carrying into effect the object of this Act

5.-(1.) This Act shall apply to the animal known as the fur seal, and to any marine animal specified in that behalf by an Order in Council under this Act, and the expression "seal" in this Act shall be construed accordingly.

(2.) This Act shall apply to the seas within that part of the Pacific Ocean known as Behring Sea and within such other parts of the Pacific Ocean as are north of the 42nd parallel of north latitude.

(3.) The expression "equipment" in this Act includes any boat, tackle, fishing, or shooting instruments, and other things belonging to a ship.

(4.) This Act may be cited as "The Seal Fishery (North Pacific) Act, 1893."

(5.) "The Seal Fishery (Behring Sea) Act, 1891," is hereby repealed, but any Order in Council in force under that Act shall continue as if it had been made in pursuance of this Act.

(6.) This Act shall be and remain in force until the 1st day of July, 1895.

SCHEDULE.

Enactments of Merchant Shipping Act (17 & 18 Vict., c. 104) applied.

*

*

*

SECTION 103. And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of Customs, or any British Consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty jurisdiction in Her Majesty's dominions; and such Court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right.

Sec. 104. No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever, in respect of the seizure or detention of any ship that has been seized or detained by him in pursuance of the provisions herein contained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the Judge or Court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such

Judge or Court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just.

PART X.-LEGAL PROCEdure.

Application.

Sec. 517. Part X of this Act shall, in all cases where no particular country is mentioned, apply to the whole of Her Majesty's dominions.

Legal Procedure (General).

Sec. 518. In all places within Her Majesty's dominions, except Scotland, the offences hereinafter mentioned shall be punished and penalties recovered in manner following; that is to say:

(1.) Every offence by this Act declared to be a misdemeanour shall be punishable by fine or imprisonment with or without hard labour, and the Court before which such offence is tried may, in England, make the same allowances and order payment of the same costs and expenses as if such misdemeanour had been enumerated in the Act passed in the seventh year of His late Majesty King George IV, cap. 64, or any other Act that may be passed for the like purpose, and may, in any other part of Her Majesty's dominions, make such allowances and order payment of such costs and expenses (if any) as are payable or allowable upon the trial of any misdemeanour under any existing Act or Ordinance, or as may be payable or allowable under any Act or Law for the time being in force therein.

(2.) Every offence declared by this Act to be a misdemeanour shall also be deemed to be an offence hereby made punishable by imprisonment for any period not exceeding six months, with or without hard labour, or by a penalty not exceeding 1007., and may be prosecuted accordingly in a summary manner, instead of being prosecuted as a misdemeanour.

(3.) Every offence hereby made punishable by imprisonment for any period not exceeding six months, with or without hard labour, or by any penalty not exceeding 1007., shall in England and Ireland be prosecuted summarily befere any two or more Justices, as to England in the manner directed by the Act of the eleventh and twelfth years of the reign of Her Majesty Queen Victoris, cap. 43, and as to Ireland in the manner directed by the Act of the fourteenth and fifteenth years of the reign of Her Majesty Queen Victoria, cap. 93, or in such other manner as may be directed by any Act or Acts that may be passed for like purposes: And all provisions contained in the said Acts shall be applicable to such prosecutions in the same manner as if the offences in respect of which the same are instituted were hereby stated to be offences in respect of which two or more Justices have power to convict summarily or to make a summary order.

(4.) In all cases of summary convictions in England, where the sum adjudged to be paid exceeds 5l., or the period of imprisonment adjudged exceeds one month, any person who thinks himself aggrieved by such conviction may appeal to the next Court of General or Quarter Sessions.

(5.) All offences under this Act shall, in any British possession, be punishable in any Court or by any Justice of the Peace or Magistrate in which or by whom offences of a like character are ordinarily punishable, or in such other manner, or by such other Courts, Justices, or Magistrates as may from time to time be determined by any Act or Ordinance duly made in such possession in

such manner as Acts and Ordinances in such possession are required to be made in order to have the force of law.

Sec. 519. Any Stipendiary Magistrate shall have full power to do alone whatever two Justices of the Peace are by this Act authorized to do.

Sec. 520. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.

Sec. 521. In all cases where the district within which any Court or Justice of the Peace or other Magistrate has jurisdiction, either under this Act or under any other Act, or at common law, for any purpose whatever, is situate on the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such Court, Justice of the Peace, or Magistrate shall have jurisdiction over any ship or boat being on or lying or passing off such coast, or being in or near such bay, channel, lake, river, or navigable water as aforesaid, and over all persons on board such ship or boat, or for the time being belonging thereto, in the same manner as if such ship, boat, or persons were within the limits of the original jurisdiction of such Court, Justice, or Magistrate.

Sec. 522. Service of any summons or other matter in any legal proceeding under this Act shall be good service if made personally on the person to be served, or at his last place of abode, or if made by leaving such summons for him on board any ship to which he may belong with the person being or appearing to be in command or charge of such ship.

Sec. 523. In all cases where any Court, Justice or Justices of the Peace, or other Magistrate, has or have power to make an order directing payment to be made of any seaman's wages, penalties, or other sums of money, then, if the party so directed to pay the same is the master or owner of a ship, and the same is not paid at the time and in manner prescribed in the order, the Court, Justice or Justices, or other Magistrate, who made the order, may, in addition to any other powers they or he may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or poinding and sale of the said ship, her tackle, furniture, and apparel.

Sec. 524. Any Court, Justice, or Magistrate imposing any penalty under this Act, for which no specific application is herein provided, may, if it or he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, or to be applied in or towards payment of the expenses of the proceedings; and, subject to such directions or specific application as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of Her Majesty's Exchequer in such manner as the Treasury may direct, and shall be carried to and form part of the Consolidated Fund of the United Kingdom; and all penalties recovered in any British possession shall be paid over into the Public Treasury of such possession, and form part of the public revenue thereof.

Sec. 525. The time for instituting summary proceedings under this Act shall be limited as follows; that is to say:

(1.) No conviction for any offence shall be made under this Act in any summary proceeding instituted in the United Kingdom, unless such proceeding is commenced within six months after the commission of the offence; or, if both or either of the parties to such proceeding happen during such time to be out of [1892-93. LXXXV.]

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