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annexed, and in duplicate if they are to be forwarded from a distant station, as Sea Fisheries provided by the second article of these regulations; and the duplicate copy is to - Registrabe retained and filed by the Officer of Coast Guard or Customs at the station to tion, &c. of which the boat belongs.
Sea-Fishing 20. Whenever the owner of any registered vessel or boat proves to the satis- Boats. faction of the proper officer of Customs or Coast Guard or any Fishery Officer that he has lost or been deprived of any certificate of registry already granted to him, the proper officer may cause a copy of such certificate of registry to be made out and delivered to such owner; and such copy, duly certified by the proper officer, shall have all the effect of the original.
21. Once in every year the owner of every boat shall submit his certificate of registry for examination, either at the head office in each collectorship or at the station through which it was originally obtained, and the proper officer shall sign his name on the back of the said certificate, together with the date of examination, as a record of its authenticity and correctness.
22. In the first week of every year each officer of Customs or of Coast Guard and each Fishery Officer shall forward to the Collector of Customs of the district a list, showing the numbers and classes of all boats whose certificates of registry have been presented for examination and endorsed in the preceding year; and a notation of all inspections of certificates shall be made in the register against the name of each boat. On a change of ownership, or on removal to another collectorship, of any boat registered under these regulations, a fresh certificate of registry must be applied for, and the former certificate be given up, in order that the same, together with the former registry, may be cancelled; and on a change of master due notice shall be given of such change, which shall be duly noted in the register, and be endorsed on the certificate of registry. A failure on the part of the owner of any boat to comply with these regulations shall subject the owner and master to the same penalties that they would have incurred if the certificate of registry had never been applied for.
23. If any boat required to be registered, lettered, and numbered in pursuance of these regulations, and not being so registered, lettered, and numbered, in the manner prescribed, is used as a fishing boat, the owner and the master shall each be liable to a penalty not exceeding twenty pounds. Any Sea Fishery Officer may seize and detain such boat, and prevent it from going to sea and from sea fishing until it is duly registered, lettered, and numbered, and may for that purpose, if it is at sea, take it back into the nearest or most convenient British port. Such boat shall not be entitled to any of the privileges or advantages of a British sea fishing boat, but all obligations, liabilities, and penal. ties with reference to such boat shall be the same as if it had been duly registered.
24. The master of every boat registered under these regulations shall have on board his boat at all times the certificate of registry hereby required to be obtained ; and any master not having such certificate shall, in the absence of any reasonable cause for the same (proof whereof shall lie on him), be liable, together with his boat and crew, to be taken by any Sea Fishery Officer, without warrant, summons, or other process, into the nearest or most convenient port and there to be ordered by the Court, on any proceeding in a summary manner, to pay a penalty not exceeding twenty pounds. Provided that the masters of boats employed in the pilchard fishery in Cornwall, or in such other fishery (if any) as the Board of Trade shall direct, shall be exempt from this regulation.
25. After registration no change shall be made in the name of any sea fishing boat.
Signature of applicant
At the Court at Balmoral, the 23rd day of October, 1877:
Present, -The Queen's most excellent Majesty in Council. WIIEREAS by "The Sea Fisheries Act, 1868," it is (amongst other things) Sea Fisheries enacted, that it shall be lawful for her Majesty in Council from time to Registratime to do all or any of the following things, namely—[Here follows a tion, &c. of recital of sub-sections (a) to (f) of the Sea Fisheries Act, 1868, 8. 23.] Sea-Fishing And that every such Order shall be of the same forco as if
Boats. enacted in the said recited act:
And whereas her Majesty did, in pursuance of the said recited act, on the 18th day of June, by Order in Council (a) make certain regulations for the lettering, numbering, and registering of sea fishing boats under Part II. of the act, which are now in force:
And whereas it is expedient that, in addition to the classes already exempted by No. 1 of such regulations, provision should be made for the exemption of the classes of boats mentioned in the schedule hereunto annexed :
And whereas it is also expedient that a penalty not exceeding twenty pounds should be imposed for a breach of No. 14 of such regulations :
Now therefore her Majesty, in exercise of the power vested in her by he said recited act, by and with the advice of her Privy Council, is pleased to make the regulations which are set forth in the schedule hereunto annexed, and to direct that the same shall come into force from the dato of the present Order.
Schedule to which the foregoing Order refers. 1. All open or undecked boats employed in fishing or dredging for purposes of sale on the coast of England, Wales, Scotland, and the islands of Guernsey, Jersey, Alderney, Sark, and Man, and not going outside (a.) The distance of three miles from low water mark along the whole extent
of the said coasts; (b.) In cases of bays less than ten miles wide the line joining the headlands of
such bays; Shall not be subject to the regulations for lettering, numbering and registering of British sea fishing boats under Part II. of “The Sea Fisheries Act, 1868, made by her Majesty on the 18th day of June, 1869.
2. The owner and master of any boat required to be registered, lettered and numbered, or otherwise marked in pursuance of the said regulations, who shall, in the absence of any reasonable cause for the same, proof whereof shall lie on him, efface, cover or conceal, or cause to be effaced, covered or concealed, in any manner whatsoever the letters, numbers, and names, placed on such boats or their sails, shall each be liable to a penalty not exceeding twenty pounds.
(a) Supra, p. 97.
ORDER IN COUNCIL relating to the Exemption from Dues of French
Sea Fishing Boats forced by Stress of Weather to seek Shelter in
At the Court at Balmoral, the 7th day of October, 1869:
Present,-The Queen's most excellent Majesty in Council. Sea Fisheries WHEREAS by “The Sea Fisheries Act, 1868,” sect. 66, it is enacted as (French Sea. follows, viz. --[Here follows a recital of the section in question]. Fishing Boats
Now therefore, her Majesty, in exercise of the power vested in her by - Exemption the said recited act, by and with the advice of her Privy Council, is pleased from Dues).
to direct that from the date of this Order, every French sea fishing boat, when forced by stress of weather to seek shelter in any port or place in the British Islands shall, if it does not discharge or receive on board any cargo, be exempt from all dues, tolls, rates, taxes, duties, imposts, and other charges to which it would otherwise be liable in such port or place.
ORDER IN COUNCIL relating to the Area within the Limits of which the
Seal Fishery Act, 1875, applies.
Present,—The Queen's most excellent Majesty in Council. Seal Fishery WHEREAS by “The Seal Fishery Act, 1875"-[Here follows a recital of - Application the 38 Vict. c. 18, s. 1, down to the words “specified in the Order”'). of Act. And whereas it has been made to appear to her Majesty in Council that
the foreign states whose ships or subjects are at present engaged in the seal fishery in the area mentioned in the schedule to the said recited act have made or will make, with respect to their own ships and subjects, the like provisions to those contained in the said recited act:
Now, therefore, her Majesty, in exercise of the power vested in her by the said recited act, by and with the advice of her Privy Council, is pleased to direct that the Seal Fishery Act, 1875, shall after the date of this present Order apply to the seal fishery within the area mentioned in the schedule to the said act:
And her Majesty, in exercise of the same porrer, by and with the like advice, is further pleased to fix the 3rd day of April in every year as the day before which the master and person in charge of, and every person belonging to, any British ship, and every British subject, shall not kill or capture, or attempt to kill or capture, any seal within the area mentioned in the schedule to the said act.
ORDERS IN COUNCIL relating to the Tonnage Measurement of Foreign
Present,—The Queen's most excellent Majesty in Council.
-AustroAnd whereas it has been made to appear to her Majesty that the rules
Hungary. concerning the measurement of tonnage of merchant ships now in force under "The Merchant Shipping Act, 1831,” have been adopted by his imperial and royal Majesty the Emperor King of Austro-Hungary, and are in force in the Austro-Hungarian dominions :
Her Majesty is hereby pleased, by and with the advice of her Privy Council, to direct that the ships of Austro-Hungary, the certificates of Austro-Hungarian nationality of which are dated on and after the 1st day of September, 1871, shall be deemed to be of the tonnage denoted in the said Austro-Hungarian certificates of nationality and registry.
At the Court at Osborne House, Isle of Wight, the 29th day of
February, 1868. Present,—The Queen's most excellent Majesty in Council. WHEREAS by “The Merchant Shipping Act Amendment Act, 1862,” it is Tonnage enacted, that “whenever,” &c.
Measurement And whereas it has been made to appear to her Majesty, that the rules -Denmark. concerning the measurement of tonnage of merchant ships now in force under “ The Merchant Shipping Act, 1854,” have been adopted by the government of his Majesty the King of Denmark, and are in force in that country, and that such rules came into operation on the 1st of October, 1867 :
Her Majesty is hereby pleased, by and with the advice of her Privy Council, to direct, that the ships of Denmark, the certificates of Danish nationality and registry of which are dated on and after the said first of October, 1867, shall be deemed to be of the tonnage denoted in the said certificates of Danish nationality and registry (a).
At the Court at Osborne House, Isle of Wight, the 30th day of
December, 1878: Present,--The Queen's most excellent Majesty in Council. WHEREAS by “The Merchant Shipping Act Amendment Act, 1862,” it is Tonnage enacted that “whenever," &c.
Measurement And whereas by “The Merchant Shipping Act, 1876”—[Here follows a Denmark recital of the Merchant Shipping Act, 1876, 8. 38, down to the words
(No. 2). made”].
And whereas by an Order in Council dated 29th day of February, 1868 -[Here follows a recital of the Order in question, see supra).
And whereas certain modifications have been recently made in the rules concerning the measurement of tonnage of merchant ships in force in Denmark, whereby, from and after the 1st day of October, 1878, the allowance for engine room in certain steamships will be estimated in a modo differing from that in force in this country:
(a) See infra.