(b.) In Ireland the appeal shall be to the Court of Quarter Sessions in manner directed by the Petty Sessions (Ireland) Act, 1851, and the Acts amending the same;

(c.) In Scotland, the Isle of Man, and the Islands of Guernsey, Jersey, Alderney, and Sark, the appeal shall be to the Court and in the manner in which appeals from the like convictions and determinations and adjudications are made. 17. (1.) Any document drawn up in pursuance of the first Schedule to this Act shall be admissible in any proceeding, civil or criminal, as evidence of the facts or matters therein stated.

(2.) If evidence contained in any such document was taken on oath in the presence of the person charged in such evidence, and such person had an opportunity of cross-examining the person giving such evidence and of making his reply to such evidence, the sea-fishery officer drawing up such document may certify the said facts, or any

of them.

(3.) Any document or certificate in this section mentioned purporting to be signed by a sea-fishery officer shall be admissible in evidence without proof of such signature, and, if purporting to be signed by any other person, shall, if certified by a sea-fishery officer to have been so signed, be deemed until the contrary is proved to have been signed by such other person.

(4.) If any person forges the signature of the sea-fishery officer to any such document as above mentioned, or makes use of any such document knowing the signature thereto to be forged, such person shall be liable on summary conviction to imprisonment for a term not exceeding three months with or without hard labour, and on conviction on indictment to be imprisoned with or without hard labour for a term not exceeding two years, and the cost of the prosecution of any such person on indictment may be paid as in cases of felony.

18. For the purpose of giving jurisdiction to Courts under this act, 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, and every Court shall have the same jurisdiction over a foreign seafishing boat within the exclusive fishery limits of the British Islands, and persons belonging thereto, as such Court would have if such boat were a British sea-fishing boat.

579

19. 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.

20. (1.) Where any offence against this Act has been committed by some person belonging to a sea-fishing boat, the master or person for the time being in charge of such boat shall in every case be liable to be deemed guilty of such offence; provided that if he proves that he issued proper orders for the observance, and used due diligence to enforce the observance, of this Act, and that the offence in question was actually committed by some other person without his connivance, and that the actual offender has been convicted, or that he has taken all practicable means in his power to prosecute such offender (if alive) to conviction, he shall not be liable to any further punishment than payment of compensation for any injury caused by the offence.

(2.) Any fine or compensation adjudged under this Act 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; provided that, where the boat is a foreign sea-fishing boat, the Court may order that in lieu of any such distress the boat may be detained in some port in the British Islands for a period not exceeding three months from the date of the conviction, and the boat may be detained accordingly, and in such case shall not be distrained.

21. (1.) The Court adjudging any fine or 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, all fines and the proceeds of all forfeitures recovered under this Act shall, notwithstanding any thing in any Act relating to municipal corporations or otherwise, be paid into the Exchequer in such manner as the commissioners of the Treasury may direct.

(2.) Forfeitures may be destroyed, sold, and disposed of as the Court adjudging the forfeiture may direct.

22. (1.) 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.

(2.) 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 to the same injury.

APPLICATION OF ACT.

23. If at any time after the commencement of this Act any Convention, Treaty, or Arrangement respecting sea fisheries is made between Her Majesty and any Foreign State, it shall be lawful for Her Majesty by Order in Council, to direct that all or any of the provisions of this Act shall, and the same shall accordingly (subject to the exceptions, restrictions, and conditions, if any, in the order mentioned) apply to the said Convention, Treaty, or Arrangement, and have effect in like manner as if the same Convention, Treaty, or Arrangement were set forth in the first Schedule to this Act, and were part of that Schedule and were the Convention referred to in this Act.

24. If the provisions of this Act are applied by Order in Council to any Convention, Treaty or Arrangement made in substitution for the Convention set forth in the first Schedule to the Sea-Fisheries Act, 1868, or for the Convention and Articles set forth in the Schedule to the Act of the sixth and seventh years of the reign of Her present Majesty, chapter seventy-nine intituled "An Act to carry into effect the Convention between Her Majesty and the King of the French, concerning the fisheries in the seas between the British Islands and France," that last-mentioned Act shall, after the date fixed by the said Order for the application of this Act be repealed, but such last-mentioned Act shall, until the said date or any earlier

date at which the convention set forth in the first schedule to the Sea Fisheries Act, 1868, comes into operation, continue in force so far as regards French sea-fishing boats and persons belonging thereto within the Seas to which the said Convention and Articles set forth in the Schedule thereto apply, so far as those seas are outside the exclusive fishery limits of the British Islands, and are not within the North Sea as defined in the first Schedule to this Act.

25. This Act, so far as it applies to foreign sea-fishing boats outside of the exclusive fishery limits of the British Islands, and persons belonging thereto, and to foreign sea-fishery officers, shall apply only within the North Sea as defined by article four of the first Schedule to this Act, or within the seas specified in any Convention, Treaty, or Arrangement to which this Act may be applied by Order in Council made in pursuance of this Act, and to the boats and officers of a foreign State bound by the Convention in the first schedule to this Act or by any Convention, Treaty, or Arrangement to which this Act may be applied, but save as aforesaid this Act shall apply 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.

SUPPLEMENTAL.

26. Orders in Council made in pursuance of this Act 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.

27. The reference in section eighteen of the Sea Fisheries Act, 580 1868, to section two hundred of the Customs Consolidation Act, 1853, shall be construed to refer to section one hundred and seventy of the Customs Consolidation Act, 1876.

28. In this Act,

The expression "sea-fishing" shall not include fishing for salmon as defined by any Act relating to salmon, but save as aforesaid, means the fishing for every description both of fish, and shell-fish, found in the seas to which this act applies; and the expression "Sea fisherman" and other expressions relating to sea-fishing shall be construed accordingly.

The expression "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 expression "fishing implement " means any net, line, float, barrel, buoy, or other instrument, engine, or implement used or intended to be used for the purpose of sea fishing:

The expression "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: The expression "exclusive fishery limits of the British Islands" means that portion of the seas surrounding the British Islands within which Her Majesty's subjects have, by international law, the exclusive right of fishing, and where such portion is defined by

the terms of any convention, treaty, or arrangement for the time being in force between Her Majesty and any Foreign State, includes, as regards the sea-fishing boats and officers and subjects of that State, the portion so defined:

The expression "the Admiralty" means the Lord High Admiral for the time being of the United Kingdom of Great Britain and Ireland, or any two or more of the commissioners for executing the office of Lord High Admiral of the United Kingdom: The expression "Consular officer" includes Consul-General, Consul and Vice-Consul, and any person for the time being discharging the duties of Consul-General, Consul, or Vice-Consul: The expression "person" includes a body of persons corporate or unincorporate:

The expression "Court" includes any tribunal or magistrate exercising jurisdiction under this Act.

29. This Act shall come into force on such day as may be fixed by a notice in that behalf published in the London Gazette, which day is in this Act referred to as the commencement of this Act.

30. (1.) After the commencement of this Act the Acts specified in the first part of the second Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule.

(2.) After the commencement of this Act, the Acts specified the second part of the second Schedule to this Act shall be repealed to the extent specified in the third column of that Schedule:

Provided that, until the date herein-after mentioned at which such repeal takes full effect, the repeal of the enactments specified in the said second part shall, except within the North Sea as defined by the first Schedule to this Act, be subject to the following limitations: (a.) The repeal shall not extend to section twelve of the Sea Fish

eries Act, 1868 (which section relates to oyster fishing), nor to the recovery of any penalty for a violation of that section; (b.) The repeal shall extend only to officers and boats within the exclusive fishery limits of the British Islands and to British sea-fishing boats when outside the exclusive fishery limits of the British limits;

(c.) The repeal shall not affect the power of French sea-fishery officers and French Courts over British sea-fishing boats when outside the exclusive fishery limits of the British Islands, or the power of British and French sea-fishery officers and British Courts over French sea-fishing boats brought within the exclusive fishery limits of the British Islands for offences committed outside those limits;

(d.) The repeal shall not alter the power of receiving as evidence any depositions, minutes, and other documents which by the said Acts are made receivable as evidence;

(e.) If the Convention set forth in the first Schedule to the Sea fisheries Act, 1868, comes into operation, then, upon notice thereof being given in the London Gazette, the said enactments shall, subject to the provisions of this section, be in force for the purposes of such Convention.

If this Act is applied by Order in Council to French seafishery officers and French sea-fishing boats within the seas

to which the Convention set forth in the first Schedule to the Sea Fisheries Act, 1868, applies, the said repeal of the enactments specified in the second part of the second Schedule to this Act shall take full effect as from the date at which such application of this act takes effect.

(3.) The repeal of any enactment by this Act shall not affect anything duly done or suffered, or any liability, penalty, forfeiture, or punishment incurred under any enactment hereby repealed, and any legal proceeding or remedy in respect of such liability, penalty, forfeiture, or punishment may be carried on as if this Act had not passed.

31. So much of this Act as has effect outside of the exclusive fishery limits of the British Islands shall, if the Convention ceases to be binding on Her Majesty, cease to apply to the boats and officers of any Foreign State bound by the Convention, and if the Convention ceases to be binding on any Foreign State shall cease to apply to the boats and officers of such State, but subject as aforesaid this Act shall continue in force notwithstanding the determination of the Convention.

International convention for the purpose of regulating the police of the fisheries in the North Sea outside territorial waters.

[See Appendix, Part I, p. 41.]

SECOND SCHEDULE.

Enactments repealed.

A description of citation of an Act in this Schedule is inclusive of the word, section, or other part first and last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion described in the description or citation.