with the said award: Now, therefore, 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:

I. New Brunswick shall be bounded as in the said award mentioned; and it shall be lawful for one of Her Majesty's principal Secretaries of State to appoint such person or persons as he 573 may think fit to ascertain, define, and mark the boundary line between the said province of New Brunswick and the said province of Canada, according to the intent of the said award. II. The net proceeds of the funds in the hands of the local Governments of the said provinces of Canada and New Brunswick respectively arising from the territory heretofore in dispute between such provinces shall be applied according to the terms herein-before mentioned of the said agreement concerning the same.

No. 34.-1855, August 14: Extract from British Statute, 18 and 19 Vict., Cap. 91.

An Act to facilitate the Erection and Maintenance of Colonial Lighthouses, and otherwise to amend the Merchant Shipping Act, 1854.

[14th August, 1855.]

Whereas it is expedient to make provision for facilitating the erection and maintenance of lighthouses in the British Possessions abroad, and otherwise to amend the Merchant Shipping Act, 1854:" 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:

I. This Act may be cited as "The Merchant Shipping Act Amendment Act, 1855," and shall be taken to be part of the Merchant Shipping Act, 1854, and shall be construed accordingly.

II. In any case in which any lighthouse, buoy, or beacon has been or is hereafter erected or placed on or near the coasts of any British Possession, by or with the consent of the Legislative Authority of such Possession, Her Majesty may, by Order in Council, fix such dues in respect thereof, to be paid by the owner or master of every ship which passes the same or derives benefit therefrom, as Her Majesty may deem reasonable, and may in like manner from time to time increase, diminish, or repeal such dues, and from the time specified in such order for the commencement of the dues thereby fixed, increased, or diminished the same shall be leviable throughout Her Majesty's dominions in manner herein-after mentioned.

III. No such dues as aforesaid shall be levied in any Colony unless and until the Legislative authority in such Colony has, either by address to the Crown, or by an Act or Ordinance duly passed, signified its opinion that the same ought to be levied in such Colony.

IV. The said dues shall in the United Kingdom be collected by the same persons by whom, and by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the Light Dues leviable under the Merchant

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Shipping Act, 1854, are collected, and shall in each British Possession Abroad be collected by such persons as the Governor of such Possession Abroad may appoint for the purpose, and shall be collected by the same means, in the same manner, and subject to the same conditions, so far as circumstances permit, by, in, and subject to which the Light Dues leviable under the Merchant Shipping Act, 1854, are paid and collected, or by such other means, in such other manner, and subject to such other conditions as the Legislative authority in such Possession may direct.

V. All dues levied under this Act shall be paid over to Her Majesty's Paymaster General at such times and in such manner as the Board of Trade may direct, and shall be applied, paid, and dealt with by him, for the purposes herein-after mentioned, in such manner as such Board may direct.

VI. The dues levied under the authority of this Act in respect of any such light house, buoy, or beacon as aforesaid shall, after deducting any expenses incurred in collecting the same, be applied for the purpose of paying the expenses incurred in erecting and maintaining such light house, buoy, or beacon, and for no other purpose whatever. VII. For the purpose of constructing or repairing any such light house, buoy, or beacon as aforesaid, the Board of Trade may raise, upon the security of the dues to be levied in respect thereof, such sums of money as they may deem fit; and the Commissioners of Her Majesty's Treasury, out of any monies which may be provided by Parliament, the Public Works Loan Commissioners, or any other person or body of persons, may advance the same accordingly, such advances to be made in the same manner, with the same powers, and subject to the same provisions, so far as circumstances permit, in, with, and subject to which, under the Merchant Shipping Act, 1854, advances may be made upon the security of the Mercantile Marine fund for the construction and repair of light houses in the United Kingdom.

VIII. Accounts shall be kept of all sums expended in the construction, repair, or maintenance of every light house, buoy, or beacon in the British Possessions Abroad for which dues are levied under the authority of this Act, and of the dues received in respect thereof, in such manner as the Board of Trade may direct, and shall be laid before Parliament annually; and the said accounts shall be audited in such manner as Her Majesty may by Order in Council direct.

574 No. 35.-1878, August 16: British Statute, 41 and 42 Vict., Cap. 73.

An Act to regulate the Law relating to the Trial of Offences committed on the Sea within a certain distance of the Coasts of Her Majesty's Dominions.

[16th August 1878.]

Whereas the righful jurisdiction of Her Majesty, her heirs and successors, extends and has always extended over the open seas adjacent to the coasts of the United Kingdom and of all other parts of

Her Majesty's dominions to such a distance as is necessary for the defence and security of such dominions:

And whereas it is expedient that all offences committed on the open sea within a certain distance of the coasts of the United Kingdom and of all other parts of Her Majesty's dominions, by whomsoever committed, should be dealt with according to law:

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. This Act may be cited as the Territorial Waters Jurisdiction Act, 1878.

2. An offence committed by a person, whether he is or is not a subject of Her Majesty, on the open sea within the territorial waters of Her Majesty's dominions, is an offence within the jurisdiction of the Admiral, although it may have been committed on board or by means of a foreign ship, and the person who committed such offence may be arrested, tried, and punished accordingly.

3. Proceedings for the trial and punishment of a person who is not a subject of Her Majesty, and who is charged with any such offence as is declared by this Act to be within the jurisdiction of the Admiral, shall not be instituted in any court of the United Kingdom, except with the consent of one of Her Majesty's Principal Secretaries of State, and on his certificate that the institution of such proceedings is in his opinion expedient, and shall not be instituted in any of the domirions of Her Majesty out of the United Kingdom, except with the leave of the Governor of the part of the dominions in which such proceedings are proposed to be instituted, and on his certificate that it is expedient that such proceedings should be instituted.

4. On the trial of any person who is not a subject of Her Majesty for an offence declared by this Act to be within the jurisdiction of the Admiral, it shall not be necessary to aver in any indictment or information on such trial that such consent or certificate of the Secretary of State or Governor as is required by this Act has been given, and the fact of the same having been given shall be presumed unless disputed by the defendant at the trial; and the production of a document purporting to be signed by one of Her Majesty's Principal Secretaries of State as respects the United Kingdom, and by the Governor as respects any other part of Her Majesty's dominions, and containing such consent and certificate, shall be sufficient evidence for all the purposes of this Act of the consent and certificate required by this Act.

Proceedings before a justice of the peace or other magistrate previous to the committal of an offender for trial or to the determination of the justice or magistrate that the offender is to be put upon his trial shall not be deemed proceedings for the trial of the offence committed by such offender for the purposes of the said consent and certificate under this Act.

5. Nothing in this Act contained shall be construed to be in derogation of any rightful jurisdiction of Her Majesty, her heirs or successors, under the law of nations, or to affect or prejudice any jurisdiction conferred by Act of Parliament or now by law existing in relation to foreign ships or in relation to persons on board such ships.

6. This Act shall not prejudice or affect the trial in manner heretofore in use of any act of piracy as defined by the law of nations, or affect or prejudice any law relating thereto; and where any act of piracy as defined by the law of nations is also any such offence as is declared by this Act to be within the jurisdiction of the Admiral, such offence may be tried in pursuance of this Act, or in pursuance of any other Act of Parliament, law, or custom relating thereto.

7. In this Act, unless there is something inconsistent in the context, the following expressions shall respectively have the meanings herein-after assigned to them; that is to say,

"The jurisdiction of the Admiral," as used in this Act, includes the jurisdiction of the Admiralty of England and Ireland, or either of such jurisdictions as used in any act of Parliament; and for the purpose of arresting any person charged with an offence declared by this Act to be within the jurisdiction of the Admiral, the territorial waters adjacent to the United Kingdom, or any other part of Her Majesty's dominions, shall be deemed to be within the jurisdiction of any judge, magistrate, or officer having power within such United Kingdom, or other part of Her Majesty's dominions, to issue warrants for arresting or to arrest persons charged with offences committed within the jurisdiction of such judge, magistrate, or officer: "United Kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands:

"The territorial waters of Her Majesty's dominions," in reference to the sea, means such part of the sea adjacent to the coast of the United Kingdom, or the coast of some other part of Her Majesty's dominions, as is deemed by international law to be within the territorial sovereignty of Her Majesty; and for the purpose of any offence declared by this Act to be within the jurisdiction of the Admiral, any part of the open sea within one marine league of the coast measured from low-water mark shall be deemed to be open sea within the territorial waters of Her Majesty's dominions:

575

"Governor," as respects India, means the Governor General or the Governor of any presidency; and where a British possession consists of several constituent colonies, means the Governor General of the whole possession or the Governor of any of the constituent colonies; and as respects any other British possession, means the officer for the time being administering the government of such possession; also any person acting for or in the capacity of Governor shall be included under the term "Governor: "

"Offence" as used in this Act means an act, neglect, or default of such a description as would, if committed within the body of a county in England, be punishable on indictment according to the law of England for the time being in force:

"Ship" includes every description of ship, boat, or other floating craft:

"Foreign ship" means any ship which is not a British ship.

No. 36.-1880, July: Notice to British Fishermen for the Observance of the Regulations agreed upon between the British and German Governments for fishing off the coasts of the German Empire.

NOTICE TO BRITISH FISHERMEN FISHING OFF THE COASTS OF THE EMPIRE OF GERMANY.

Her Majesty's Government and the German Government having agreed respecting the regulations to be observed by British fishermen fishing off the coasts of the German Empire, the following Notice is issued for the guidance and warning of British fishermen :

Notice.

1. The exclusive fishery limits of the German Empire are designated by the Imperial Government as follows: that tract of the sea which extends to a distance of three sea miles from the extremest limit which the ebb leaves dry of the German North sea coast, of the German islands or flats lying before it, as well as those bays and incurvations of the coast which are 10 sea miles or less in breadth, reckoned from the extremest points of the land and the flats, must be considered as under the territorial sovereignty of the German Empire.

2. The exclusive right of fishery within the above limits is accordingly to be enjoyed by fishermen of German nationality only, and English fishing boats are not at liberty to enter those limits except under the following circumstances, namely:

(1.) When driven by stress of weather or by evident danger. (2.) When carried in by contrary winds, by strong tides, or by any other cause beyond the control of the master and crew.

(3.) When obliged by contrary winds and tides to beat up in order to reach their fishing-grounds; and when, from the same cause of contrary wind or tide, they could not, if they remained outside, be able to hold on their course to their fishing-ground.

(4.) When, during the herring fishing season, English fishing boats shall find it necessary to anchor under shelter of the German coasts, in order to wait the opportunity for proceeding to their fishingground.

(5) When proceeding directly to any port of the German Empire, open to Englishmen for the sale of fish, where the cargo is to be sold. 3. Fishing boats not of German nationality which pass within the limits above-mentioned without being compelled to do so by any of the circumstances above enumerated, and not being on their direct way to a port for the sale of fish, will be liable to be turned back; and in the event of their resisting, or in the event of their being found fishing within the limits above described, will be arrested and proceeded against before the nearest competent authority.

Complaints having been made to Her Majesty's Government that the crews of certain British fishing boats have misconducted themselves when off the coasts of the German Empire, by sailing across and cutting the lines and injuring the gear of German fishermen, notice is also hereby given that every endeavour will be used by Her Majesty's Government to assist the German authorities in repressing all such outrages, and in bringing the offenders to justice. T. H. FARRER, Secretary.

BOARD OF TRADE, July 1880.