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BEHRING SEA AWARD ACT 1894 - SECT 8

Duration of Act.

8. This Act shall remain in force so long as the scheduled provisions remain
in force and no longer;

Provided that if by agreement between Her Majesty the Queen and the Government
of the United States of America, the scheduled provisions are modified, then
Her Majesty in Council may order that this Act shall, subject to any
modifications specified in the order, apply, and the same shall accordingly
apply, to the modified provisions in like manner as if they were set out in
the First Schedule to this Act.

And whereas the aforesaid determination of the foregoing questions as to the
exclusive jurisdiction of the United States mentioned in Article VI leaves the
subject in such a position that the concurrence of Great Britain is necessary
to the establishment of Regulations for the proper protection and preservation
of the fur-seal in or habitually resorting to the Behring Sea, the Tribunal
having decided by a majority as to each Article of the following Regulations,
we the said Baron de Courcel, Lord Hannen, Marquis Visconti Venosta, and Mr.
Gregers Gram, assenting to the whole of the nine Articles of the following
Regulations, and being a majority of the said arbitrators, do decide and
determine in the mode provided by the Treaty that the following concurrent
regulations outside the jurisdictional limits of the respective Governments
are necessary, and that they should extend over the waters hereinafter
mentioned; that is to say:

Article 1. The Governments of the United States and of Great Britain shall
forbid their citizens and subjects respectively to kill, capture or pursue at
any time and in any manner whatever, the animals commonly called fur-seals,
within a zone of 60 miles around the Pribiloff Islands, inclusive of the
territorial waters.

The miles mentioned in the preceding paragraph are geographical miles, of 60
to a degree of latitude.

Article 2. The two Governments shall forbid their citizens and subjects
respectively to kill, capture, or pursue, in any manner whatever, during the
season extending each year from the 1st May to the 31st July, both inclusive,
the fur-seals on the high sea in the part of the Pacific Ocean, inclusive of
the Behring Sea, which is situated to the north of the 35th degree of north
latitude, and eastward of the 180th degree of longitude from Greenwich till it
strikes the water boundary described in Article 1 of the Treaty of 1867
between the United States and Russia, and following that line up to Behring
Straits.

Article 3. During the period of time and in the waters in which the fur-seal
fishing is allowed, only sailing vessels shall be permitted to carry on or
take part in fur-seal fishing operations. They will, however, be at liberty to
avail themselves of the use of such canoes or undecked boats, propelled by
paddles, oars, or sails, as are in common use as fishing boats.

Article 4. Each sailing vessel authorised to fish for fur-seal must be
provided with a special licence issued for that purpose by its Government, and
shall be required to carry a distinguishing flag to be prescribed by its
Government.

Article 5. The masters of the vessels engaged in fur-seal fishing shall enter
accurately in their official log-book the date and place of each fur-seal
fishing operation, and also the number and sex of the seals captured upon each
day. These entries shall be communicated by each of the two Governments to the
other at the end of each fishing season.

Article 6. The use of nets, fire-arms, and explosives shall be forbidden in
the fur-seal fishing. This restriction shall not apply to shot guns when such
fishing takes place outside of Behring's Sea during the season when it may be
lawfully carried on.

Article 7. The two Governments shall take measures to control the fitness of
the men authorised to engage in fur-seal fishing. These men shall have been
proved fit to handle with sufficient skill the weapons by means of which this
fishing may be carried on.

Article 8. The Regulations contained in the preceding Articles shall not apply
to Indians dwelling on the coasts of the territory of the United States or of
Great Britain, and carrying on fur-seal fishing in canoes or undecked boats
not transported by or used in connexion with other vessels and propelled
wholly by paddles, oars, or sails, and manned by not more than five persons
each in the way hitherto practised by the Indians, provided such Indians are
not in the employment of other persons, and provided that, when so hunting in
canoes or undecked boats, they shall not hunt fur-seals outside of territorial
waters under contract for the delivery of the skins to any person.

This exemption shall not be construed to affect the municipal law of either
country, nor shall it extend to the waters of Behring Sea, or the waters of
the Aleutian Passes.

Nothing herein contained is intended to interfere with the employment of
Indians as hunters or otherwise in connexion with fur-sealing vessels as
heretofore.

Article 9. The concurrent regulations hereby determined with a view to the
protection and preservation of the fur-seals, shall remain in force until they
have been, in whole or in part, abolished or modified by common agreement
between the Governments of the United States and of Great Britain.

The said concurrent regulations shall be submitted every five years to a new
examination, so as to enable both interested Governments to consider whether
in the light of past experience, there is occasion for any modification
thereof.

Officer not liable for any seizure made on reasonable grounds.

No such officer as aforesaid shall be responsible, either civilly or
criminally, to any person whomsoever, in respect of the seizure or detention
of any ship that has been seized or detained by him in pursuance of the
provisions herein contained, notwithstanding that such ship is not brought in
for adjudication, or, if so brought in, is declared not to be liable to
forfeiture, if it is shown to the satisfaction of the judge or court before
whom any trial relating to such ship or such seizure or detention is held that
there were reasonable grounds for such seizure or detention; but if no such
grounds are shown, such judge or court may award payment of costs and damages
to any party aggrieved, and make such other order in the premises as it thinks
just.

Application of Part X of the Act.

The Tenth Part of this Act shall in all cases where no particular country is
mentioned, apply to the whole of Her Majesty's dominions.

Punishment of offences, and recovery of penalties.

In all places within Her Majesty's dominions except Scotland, the offences
hereinafter mentioned shall be punished and penalties recovered in manner
following; (that is to say,)

(1)Every offence by this Act declared to be a misdemeanor shall be punishable
by fine or imprisonment ..., and the court before which such offence is tried
... may in any other part of Her Majesty's dominions make such allowances and
order payment of such costs and expenses (if any) as are payable or allowable
upon the trial of any misdemeanor under any existing Act or Ordinance or as
may be payable or allowable under any Act or law for the time being in force
therein:

(2)Every offence declared by this Act to be a misdemeanor shall also be deemed
to be an offence hereby made punishable by imprisonment for any period not
exceeding six months, ... or by a penalty not exceeding one hundred pounds,
and may be prosecuted accordingly in a summary manner, instead of being
prosecuted as a misdemeanor:

(3)Every offence hereby made punishable by imprisonment for any period not
exceeding six months, ... or by any penalty not exceeding one hundred pounds,
shall in ... Ireland be prosecuted summarily before any two or more justices,
... in the manner directed by the Petty Sessions (Ireland) Act, 1851, or in
such other manner as may be directed by any Act or Acts that may be passed for
like purposes: And all provisions contained in the said Acts shall be
applicable to such prosecutions in the same manner as if the offences in
respect of which the same are instituted were hereby stated to be offences in
respect of which two or more justices have power to convict summarily or to
make a summary order.

Stipendiary magistrate to have same power as two justices.

Any stipendiary magistrate shall have full power to do alone whatever two
justices of the peace are by this Act authorised to do.

Offence where deemed to have been committed.

For the purpose of giving jurisdiction under this Act, every offence shall be
deemed to have been committed, and every cause of complaint to have arisen,
either in the place in which the same actually was committed or arose, or in
any place in which the offender or person complained against may be.

Jurisdiction over ships lying off the coasts.

In all cases where any district within which any court or justice of the peace
or other magistrate has jurisdiction, either under this Act or under any other
Act or at common law, for any purpose whatever, is situate on the coast of any
sea, or abutting on or projecting into any bay, channel, lake, river, or other
navigable water, every such court, justice of the peace, or magistrate shall
have jurisdiction over any ship or boat being on or lying or passing off such
coast, or being in or near such bay, channel, lake, river, or navigable water
as aforesaid, and over all persons on board such ship or boat or for the time
being belonging thereto, in the same manner as if such ship, boat, or persons
were within the limits of the original jurisdiction of such court, justice, or
magistrate.

Service to be good if made personally, or on board ship.

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 ship to which he may belong with the person being or appearing to be in
command or charge of such ship.

Sums ordered to be paid leviable by distress on ship.

In all cases where any court, justice or justices of the peace, or other
magistrate, has or have power to make an order directing payment to be made of
any seamen's wages, penalties, or other sums of money, then, if the party so
directed to pay the same is the master or owner of a ship, and the same is not
paid at the time and in manner prescribed in the order, the court, justice or
justices, or other magistrate, who made the order, may, in addition to any
other powers they or he may have for the purpose of compelling payment, direct
the amount remaining unpaid to be levied by distress or poinding and sale of
the said ship, her tackle, furniture, and apparel.

Application of penalties.

Any court, justice, or magistrate imposing any penalty under this Act, for
which no specific application is herein provided, may, if it or he thinks fit,
direct the whole or any part thereof to be applied in compensating any person
for any wrong or damage which he may have sustained by the act or default in
respect of which such penalty is imposed, or to be applied in or towards
payment of the expenses of the proceedings; and, subject to such directions or
specific application as aforesaid, all penalties recovered in the United
Kingdom shall be paid into the receipt of Her Majesty's Exchequer in such
manner as the Treasury may direct, and shall be carried to and form part of
the Consolidated Fund of the United Kingdom; ...

Limitation of time in summary proceedings.

The time for instituting summary proceedings under this Act shall be limited
as follows: (that is to say,)

(1)No conviction for any offence shall be made under this Act in any summary
proceeding instituted in the United Kingdom, unless such proceeding is
commenced within six months after the commission of the offence; or, if both
or either of the parties to such proceeding happen during such time to be out
of the United Kingdom, unless the same is commenced within two months after
they both first happen to arrive or to be at one time within the same:

(3)No order for the payment of money shall be made under this Act in any
summary proceeding instituted in the United Kingdom, unless such proceeding is
commenced within six months after the cause of complaint arises; or, if both
or either of the parties happen during such time to be out of the United
Kingdom unless the same is commenced within six months after they both first
happen to arrive or to be at one time within the same:

Document proved without calling attesting witness.

Any document required by this Act to be executed in the presence of or to be
attested by any witness or witnesses, may be proved by the evidence of any
person who is able to bear witness to the requisite facts, without calling the
attesting witness or witnesses or any of them.

Power of judge of court of record or Admiralty to arrest foreign ship that has
occasioned damage.

Whenever any injury has, in any part of the world, been caused to any property
belonging to Her Majesty or to any of Her Majesty's subjects by any foreign
ship, if at any time thereafter such ship is found in any port or river of the
United Kingdom or within three miles of the coast thereof, it shall be lawful
for the judge of any court of record in the United Kingdom, or for the judge
of the High Court of Admiralty, ..., or the sheriff of the county within whose
jurisdiction such ship may be, upon its being shown to him by any person
applying summarily that such injury was probably caused by the misconduct or
want of skill of the master or mariners of such ship, to issue an order
directed to any officer of Customs or other officer named by such judge,
requiring him to detain such ship until such time as the owner, master, or
consignee thereof has made satisfaction in respect of such injury, or has
given security, to be approved by the judge, to abide the event of any action,
suit, or other legal proceeding that may be instituted in respect of such
injury, and to pay all costs and damages that may be awarded thereon; and any
officer of Customs or other officer to whom such order is directed shall
detain such ship accordingly.

Power in certain cases to detain ship before application made to judge.

In any case where it appears that before any application can be made under the
foregoing section such foreign ship will have departed beyond the limits
therein mentioned, it shall be lawful for any commissioned officer on full pay
in the military or naval service of Her Majesty, or any British officer of
Customs or any British consular officer, to detain such ship until such time
as will allow such application to be made and the result thereof to be
communicated to him; and no such officer shall be liable for any costs or
damages in respect of such detention unless the same is proved to have been
made without reasonable grounds.

Who to be defendant in suit in such cases.

In any action, suit, or other proceeding in relation to such injury, the
person so giving security as aforesaid shall be made defendant or defender and
shall be stated to be the owner of the ship that has occasioned such damage;
and the production of the order of the judge made in relation to such security
shall be conclusive evidence of the liability of such defendant or defender to
such action, suit, or other proceeding.

Enforcing detention of ship.

Where under the Merchant Shipping Acts, 1854 to 1876, or any of them, a ship
is authorised or ordered to be detained, any commissioned officer on full pay
in the naval or military service of Her Majesty, or any officer of the Board
of Trade or Customs, or any British consular officer may detain the ship, and
if the ship after such detention or after service on the master of any notice
of or order for such detention proceeds to sea before it is released by
competent authority, the master of the ship, and also the owner, and any
person who sends the ship to sea, if such owner or person be party or privy to
the offence, shall forfeit and pay to Her Majesty a penalty not exceeding one
hundred pounds.

Where a ship so proceeding to sea takes to sea when on board thereof in the
execution of his duty any officer authorised to detain the ship, or any
surveyor or officer of the Board of Trade or Customs, the owner and master of
the ship shall each be liable to pay all expenses of and incidental to the
officer or surveyor being so taken to sea, and also a penalty not exceeding
one hundred pounds, or, if the offence is not prosecuted in a summary manner,
not exceeding ten pounds for every day until the officer or surveyor returns,
or until such time as would enable him after leaving the ship to return to the
port from which he is taken, and such expenses may be recovered in like manner
as the penalty.

© 1894 Crown Copyright

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