Sea Fisheries Act 1868 Order in Council 1869
Jersey Order in Council 1/1869
SEA FISHERIES ACT, 1868.
____________
ACTE DE PARLEMENT enregistré en vertu d’un
Ordre de Sa Majesté en Conseil en date du
4 FEVRIER 1869.
(Entériné le 6 mars
1869).
____________
ANNO TRICESIMO PRIMO & TRICESIMO SECUNDO
VICTORIÆ REGINÆ
____________
CAP.
XLV.
AN ACT to carry into effect a Convention between Her Majesty and the
Emperor of the French concerning the Fisheries in the Seas adjoining the
British Islands and France, and to amend the Laws relating to British Sea
Fisheries.
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
Preliminary
DIVISION OF ACT
1. This
Act shall be divided into parts, as follows:
Part I.
Preliminary.
Part II.
Sea Fishery Convention.
Part III.
Oyster Fisheries.
Part IV.
Legal Proceedings.
Part V.
Miscellaneous.
SHORT TITLE
2. This
Act may be cited as the Sea Fisheries Act, 1868.
* * * * * * * * *
INTERPRETATION
5. In
this Act –
the
term “sea-fish” does not include salmon, as defined by any Act
relating to salmon, but, save as aforesaid, includes every description both of
fish and of shell fish which is found in the seas to which this Act applies ;
and “sea-fishing”, “sea-fisherman”, and other
expressions referring to sea-fish, shall in this Act be construed to refer only
to sea-fish as before defined;
the
term “sea-fishing boat” includes every vessel, of whatever size,
and in whatever way propelled, which is used by any person in sea-fishing, or
in carrying on the business of a sea-fisherman ;
the
term “British Islands” includes the United Kingdom of Great Britain
and Ireland, the Isle of Man, the islands of Guernsey, Jersey, Alderney, and
Sark, and their dependencies ; and the terms “Great Britain and
Ireland” and “United Kingdom”, as used in the first schedule
to this Act, shall be construed to mean the “British Islands” as
herein defined ; the terms “exclusive fishery limits of the British
Islands” and “exclusive fishery limits of France” mean the
limits within which the exclusive right of fishing is by Article one of the
first schedule to this Act reserved to British subjects and French subjects
respectively ;
*
* * * * * * *
the
term “court” includes any tribunal or magistrate exercising
jurisdiction under this Act ;
the
term “person” includes a body corporate ;
the
term “the Irish Fishery Commissioners” means the Commissioners
acting in execution of the Fisheries (Ireland) Act, 1842, and the Acts amending
the same.
PART II
CONVENTION
AND FISHERIES
General Provisions
* * * * * * * * *
SEA-FISHING BOATS WITHIN EXCLUSIVE LIMITS TO HAVE OFFICIAL PAPERS
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 sea-fishing boat outside of those limits, shall
have on board his boat, if it is a 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.
Part III
Oyster
Fisheries
* * * * * * * * *
Part IV
LEGAL
PROCEEDINGS
MODE OF RECOVERING PENALTIES
57. All penalties,
offences and proceedings under this Act, or under any Order in Council made
thereunder (except any felony, and except as otherwise 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, 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.
APPEAL
58. If any person
feels aggrieved by any conviction under this Act, or 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
... to some court of general or quarter sessions ... ;
in
Ireland,
in manner directed by the Petty Sessions, Ireland, Act, 1851, 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.
* * * * * * * * *
JURISDICTION OF COURTS
60. For the
purpose of giving jurisdiction to courts under this Act, the following
provisions shall have effect : -
(1) the
sea-fishing boat shall be deemed to be a ship within the meaning of any Act
relating to offences committed on board a ship ;
(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.
* * * * * * * * *
SERVICE TO BE GOOD IF MADE PERSONALLY OR ON BOARD SHIP
62. 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 sea-fishing boat
to which he may belong, with the person being or appearing to be in command or
charge of such boat.
MASTERS OF BOATS LIABLE TO PENALTIES IMPOSED
63. * * * * * * *
* *
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
pounding 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.
APPLICATION OF PENALTIES
64. The court
imposing any penalty or enforcing any forfeiture under this Act may, if it
think fit, direct the whole or any part thereof to be 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 Treasury may direct, and shall be carried to the
Consolidated Fund.
SAVING OF LIABILITY UNDER OTHER ACTS, ETC
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
MISCELLANEOUS
POWER TO PROVIDE, BY ORDER IN COUNCIL, FOR GIVING EFFECT TO
CONVENTIONS OR TREATIES EXEMPTING FROM DUES FOREIGN SEA-FISHING BOATS ENTERING
BRITISH PORTS FROM STRESS OF WEATHER
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 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.
POWER, BY ORDER IN COUNCIL, TO GIVE EFFECT TO BYELAWS OF IRISH
FISHERY COMMISSIONERS RESTRICTING OR REGULATING THE DREDGING FOR OYSTERS ON THE
IRISH COAST, OUTSIDE THE EXCLUSIVE FISHERY
LIMITS OF THE BRITISH
ISLANDS – LENGTH OF
CLOSE TIME
67. The Irish
Fishery Commissioners may from time to time lay before Her Majesty in Council
byelaws for the purpose of restricting or regulating the dredging for oysters
on any oyster beds or banks situate within the distance of twenty miles
measured from a straight line drawn from the eastern point of Lambay Island to Carnsore Point
on the coast of Ireland, outside of the exclusive fishery limits of the British
Islands, and all such byelaws shall apply equally to all boats and persons on
whom they may be binding.
It shall be lawful for Her Majesty, by
Order in Council, to do all or any of the following things; namely,
(a) to direct that such byelaws shall
be observed;
(b) to impose penalties not exceeding
twenty pounds for the breach of such byelaws;
(c) to apply to the breach of such
byelaws such (if any) of the enactments in force respecting the breach of the
regulations respecting Irish oyster fisheries within the exclusive fishery
limits of the British Islands, and with such modifications and alterations as
may be found desirable ;
(d) to revoke or alter any Order so
made :
Provided that the length of close time prescribed by any such Order
shall not be shorter than that prescribed for the time being by the Irish
Fishery Commissioners in respect of beds or banks within the exclusive fishery
limits of the British Islands.
Every such Order shall be binding on all British sea-fishing boats,
and on any other sea-fishing boats in that behalf specified in the Order, and
on the crews of such boats.
* * * * * * * * *
PUBLICATION AND EVIDENCE OF ORDERS IN COUNCIL
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 inconvenience ;
(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.
APPLICATION OF ACT – SAVING OF JURISDICTION OF IRISH FISHERY
COMMISSIONERS AS TO OYSTER FISHERIES
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 fishing 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 :
Provided that nothing in this Act relating to oyster or mussel
fisheries, or to oysters or mussels, shall in any way whatever alter, interfere
with, or affect the jurisdiction which the Irish Fishery Commissioners would
have power to exercise over the seas surrounding Ireland and over the oyster
fisheries and oyster beds in those seas if this Act had not passed.
* * * * * * * * *
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.
* * * * * * * * *
SECOND SCHEDULE
DATES OF ACTS
* * * * * * * * *