being taken or instituted against any person not registered who is (2.) This provision shall not affect the rights of the owners among 25. The two hundred and seventh section of the Customs Consolidation Act, 1853, shall not apply to any British sea-fishing boat entered or registered in pursuance of this part of this act (e). a 26. Subject to any exemptions allowed by or in pursuance of such order in council, the master of every sea-fishing boat within the exclusive fishery limits of the British Islands, and of every British seafishing boat outside of those limits, shall have on board his boat, if it is British sea-fishing boat required by this part of this act to be entered or registered, the certificate of registry or official papers issued to the boat in pursuance of any act relating to the registry of British ships, or of this part of this act, and if it is not British, then official papers evidencing the nationality of such boat. The master of any such boat who acts in contravention of this section, unless there is a reasonable cause for not having such certificate or official papers (proof whereof shall lie on him), shall 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, and if such penalty is not paid, and the boat is not British, such boat may be detained in port for a period not exceeding three months from the date of the sentence. [Sections 27 to 56 relate to Oyster Fisheries, and it is considered not necessary to set them out.] PART IV. LEGAL PROCEEDINGS. 57. All penalties, offences, and proceedings under this act, or under any order in council made thereunder, (except any felony, and except as other wise provided,) may be recovered, prosecuted, and taken in a summary manner, and In England, before any justice, and In Scotland, before any Court or judge acting under the Summary Procedure Act, 1864 (f), and any act amending the same, in manner directed by those acts, and In the Isle of Man, and the Islands of Guernsey, Jersey, Alderney, and Sark respectively, before any court, governor, deputy governor, deemster, jurat, or other magistrate, in the manner in which the like penalties, offences, and proceedings are by law recovered, prosecuted, and taken, or as near thereto as circumstances admit. 58. If any person feels aggrieved by any conviction under this act, or Appeal. by any determination or adjudication of the Court with respect to any compensation under this act, where the sum adjudged to be paid exceeds five pounds or the period of imprisonment adjudged exceeds one month, he may appeal therefrom in manner following; (that is to say,) In England, in manner directed by law, subject, in the City of London (e) Sect. 207 of the Customs Consolidation Act, 1853, is repealed by the Customs Laws Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 288. Proceedings where of to a French and the metropolitan police district, to the enactments in that behalf made, and subject elsewhere to the conditions and regulations following: (1.) The appeal shall be made to some court of general or quarter sessions for the county or place in which the Court whose decision is complained of has jurisdiction, holden not less than fifteen days and not more than four months after the decision of the Court from which the appeal is made: (2.) The appellant shall within three days after the said decision give notice in writing to the other party of his intention to appeal, and the ground of such appeal: (3.) Immediately after such notice the appellant shall before a justice of the peace enter into recognizances with two sufficient sureties conditioned personally to try such appeal, and to abide the judgment of the Court thereon, and to pay such costs as may be awarded by the Court: (4.) The Court may adjourn the appeal, and upon the hearing thereof they may reverse, confirm, or modify the decision of the justice or justices, with or without costs to be paid by either party: In Ireland, in manner directed by the Petty Sessions, Ireland, Act, 1851 (g), and any act amending the same: In Scotland, the Isle of Man, and the Islands of Guernsey, Jersey, Alderney, and Sark, in manner in which appeals from the like convictions and determinations and adjudications are made. 59. Where a person belonging to a French sea-fishing boat is charged with having committed outside of the exclusive fishery limits of the fender belongs British Islands an offence against the fishery regulations of this act, the Court shall have jurisdiction to hear and shall hear the case in the same manner as if such person were liable to a penalty under this act, subject to the following provisions: boat. Jurisdiction of (1.) The statement on oath of each witness shall be put into writing, and such writing, in this act referred to as the deposition, shall (in the presence of the accused, unless he has left the port,) be read over to and signed by the witness and by the person or one of the persons who constitute the Court: (2.) After the examination of all the witnesses has been completed the Court shall inquire whether the accused has any answer to make to the accusation, and shall warn him that what he says may be given in evidence against him: (3.) Any statement made by the accused shall be put into writing, and signed by the person or persons constituting the Court, and added to the depositions: (4.) If the Court is of opinion that the evidence is not sufficient to put the accused upon his trial, or to raise a strong or probable presumption of his guilt, the Court shall order him to be discharged. If the Court is of the contrary opinion, the Court shall make an order directing him to be sent back to France for trial, and directing the depositions to be sent to the collector of customs of the port for transmission to the British consular officer of the port to which the accused belongs: (5.) All proceedings under this section shall, if possible, be completed before the expiration of three clear days after the arrival of the offender at the port in the British Islands. 60. For the purpose of giving jurisdiction to Courts under this act the following provisions shall have effect: (1.) A sea-fishing boat shall be deemed to be a ship within the meaning of any act relating to offences committed on board a ship: (g) 14 & 15 Vict. c. 93. (2.) The same Court shall have power to exercise the jurisdiction conferred by this act with respect to an offence committed by a foreign subject as would have jurisdiction to try such offence if it had been committed by a British subject(). France. 61. If any offender belonging to a British sea-fishing boat is taken Evidence into a French port in pursuance of the convention, the depositions, taken in minutes, and other documents, authenticated in manner provided by article twenty-eight of the convention, shall be receivable in evidence without further proof of their authenticity, and a certificate under the seal of a French consular officer in the British Islands that such documents have been so authenticated shall be conclusive evidence of the fact. If the depositions were taken in the presence of and so as to be understood by the accused, or if the accused had an opportunity of cross-examining the deponents, or if the minutes are minutes of a judicial proceeding at which the British consular officer of the port was present, and in which the matter in dispute was fairly investigated, and the accused had an opportunity of making his defence, the British consular officer shall certify such fact or facts under his hand and seal, and until the contrary is proved such certificate shall be sufficient evidence of the matters therein stated, and such seal, signature, and certificate shall be deemed to be a seal, signature, and document within the meaning of sections three and five of the act of the session of the eighteenth and nineteenth years of the reign of her present majesty, chapter forty-two, intituled An Act to enable Diplomatic and Consular Agents abroad to administer Oaths and do Notarial Acts. 62. Service of any summons or other matter in any legal proceeding Service to be under this act shall be good service if made personally on the person to good if made be served, or at his last place of abode, or if made by leaving such personally or summons for him on board any sea-fishing boat to which he may belong, with the person being or appearing to be in command or charge of such boat. every on board ship. penalties im 63. Where any offence against the fishery regulations of this act has Masters of been committed by some person belonging to any sea-fishing boat, the boats liable to master or person for the time being in charge of such boat shall in case be liable to pay any penalty imposed or compensation awarded in posed. respect of such offence, unless the person who actually committed such offence is proved guilty to the satisfaction of the court. Any penalty under this act, except a penalty for the non-payment of which detention in a port is specially provided as the remedy, may be recovered in the ordinary way, or, if the Court think fit so to order, by distress or poinding and sale of the sea-fishing boat to which the offender belongs, and her tackle, apparel, and furniture, and any property on board thereof or belonging thereto, or any part thereof. 64. The Court imposing any penalty or enforcing any forfeiture under Application of this act may, if it think fit, direct the whole or any part thereof to be penalties. applied in or towards payment of the expenses of the proceedings; and, subject to such direction, and to any direction given under any express provision in this act, all penalties and forfeitures recovered under this act shall be paid into the receipt of her Majesty's Exchequer in such manner as the commissioners of the Treasury may direct, and shall be carried to the Consolidated Fund. (4) See the M. S. Act, 1867, s. 11, and the Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vict. c. 73). Saving of rights as herein stated. Confirmation of treaties for exempting from dues foreign scafishing boats entering British ports from stress of weather. As to publication and evidence of orders in council. Application of act. 65. Nothing in this act shall prevent any person being liable under any other act or otherwise to any indictment, proceeding, punishment, or penalty, other than is provided for any offence by this act, so that no person be punished twice for the same offence. Nothing in this act, or in any order in council made thereunder, nor any proceedings under such act or order with respect to any matter, shall alter the liability of any person in any action or suit with reference to the same matter, so that no person shall be required to pay compensation twice in respect of the same injury. PART V. 66. Whereas by a convention concluded between the United Kingdom and France on the twenty-sixth day of January one thousand eight hundred and twenty-six it was, amongst other matters, agreed that sea-fishing boats of either country, when forced by stress of weather to seek shelter in the ports or on the coasts of the other country, should on certain conditions be exempted from all dues to which they would otherwise be liable, and doubts have arisen whether that part of the said convention has ever been confirmed by the authority of parliament, and it is expedient to remove such doubts, and to enable her Majesty to provide for the due execution of the said convention and of any other like convention or treaty which may be made by her Majesty: Be it enacted, that where any such convention or treaty as mentioned in this section has been or may hereafter be concluded with any foreign country, her Majesty may by order in council (i) direct that every sea-fishing boat belonging to such foreign country, 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, and complies with the other conditions, if any, specified in such order, 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, and every such boat shall be exempt accordingly (i). 69. With respect to any orders in council made in pursuance of this act, the following provisions shall have effect: (1.) They shall be published in the London Gazette, or otherwise published in such manner as the Board of Trade may direct for such sufficient time before they come into force as to prevent inconveni ence: (2.) They may be proved in any legal proceeding by the production of a copy of the Gazette containing the said advertisement, or of a copy of the orders or regulations purporting to be printed by the printer to her Majesty. 70. The enactments in this act which are restricted in terms to the seas outside the exclusive fishery limits of the British Islands or to any particular part of the British Islands and the seas adjoining the same shall apply only to those seas and such part, but, save as aforesaid, this act shall apply to the seas adjoining the coasts of France specified in article three of the first schedule to this act outside of the exclusive fishery limits of France, and to the whole of the British Islands as defined by this act, and to the seas surrounding the same, whether within or without the exclusive fishery limits of the British Islands, and the royal courts of Guernsey and Jersey shall register this act in their respective Courts. . (k). (i) See post, "Orders in Council." (k) The remainder of the section relates to Oyster Fisheries. as in second schedule. 71. The enactments described in the second schedule to this act are Repeal of acts hereby repealed (7): Provided that-(1.) This repeal shall not affect the validity or invalidity of anything already done or suffered, or any right or title conferred by or in pursuance of any enactment hereby repealed, or already acquired or accrued, or any remedy or proceeding in respect thereof, or any proof of any past act or thing, or any offence committed before the commencement of this act, or any penalty or proceeding in respect thereof: (2.) This repeal shall not revive or restore any jurisdiction, toll, imposition, office, duty, bounty, franchise, liberty, custom, privilege, restriction, exemption, usage, or practice not now existing or in force. SCHEDULES referred to in the foregoing Act. FIRST SCHEDULE. CONVENTION between her MAJESTY and the EMPEROR OF THE FRENCH, relative to FISHERIES in the SEAS between GREAT BRITAIN and FRANCE (m). Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Majesty the Emperor of the French, having charged a mixed commission with preparing a revision of the convention of the 2nd of August, 1839, and of the regulation of June 23, 1843, relative to the fisheries in the seas situated between Great Britain and France; and the members of that commission having agreed upon certain arrangements which experience has shown would be useful, and which appear to them such as will advantageously modify and complete the former arrangements in the common interest of the fishermen of the two countries; their said majesties have judged it expedient that the arrangements proposed by the said commission should be sanctioned by a new convention, and have for that purpose named as their plenipotentiaries, that is to say, Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honorable Richard Bickerton Pemell, Lord Lyons, a peer of the United Kingdom, a member of her Britannic Majesty's most Honorable Privy Council, Knight Grand Cross of the most Honorable Order of the Bath, her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary to his Majesty the Emperor of the French; And his Majesty the Emperor of the French, Leonel, Marquis de (See the Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), s. 15. (m) This convention does not appear to have come into operation, see the Fisheries (Oyster, Crab, and Lobster) Act, 1877, s. 15, and notices in the London Gazettes of the 22nd of January, 1869, and the 9th of February, 1869, respectively. It is, however, provided by sect. 5 of the Sea Fisheries Act, 1868, that all the articles of the convention, set out in the 1st schedule to that act, shall be of the same force |