two countries shall be at liberty to come within the fishery limits of the other country are laid down in the following articles, which also specify and regulate the penalties to be inflicted for infraction of the said articles. ARTICLE LXXVII.-The competent tribunal or magistrates shall exclusively take cognizance (in the same manner as stipulated in Article LXIX.) of the infractions mentioned in Article LXXVI. ARTICLE LXXVIII.-The putting into the Chausey Islands by British oyster fishing boats is regulated by the six following articles. ARTICLE LXXIX.—The putting into the Chausey Islands by British fishing boats in consequence of damage, evident bad weather, or any other compulsory circumstance, is a right confirmed by Article VII. of the convention of the second of August one thousand eight hundred and thirty-nine. ARTICLE LXXX.-The expediency of putting in, under any of the circumstances mentioned in the preceding article, must naturally be determined by those fishermen who may find it necessary to avail themselves of this right. Nevertheless, whenever the British fishing boats shall be able to communicate with the commander of the British station, they shall not put in until they are authorized so to do by the said commander's hoisting the following signal,- -a blue ensign at the mast-head. ARTICLE LXXXI.-The commander of the English station may, when he shall consider this measure necessary, authorize the weaker boats, which are consequently the most exposed to the effects of bad weather, to put into the Chausey Islands whilst the other boats shall continue to fish. This permission shall be made known by the following signal,ensign at the mast-head. -a red ARTICLE LXXXII.-When the commander of the English station shall have authorized the whole or part of the British boats to seek shelter in the Chausey Islands, in consequence of the above-mentioned causes, he shall give notice thereof immediately afterwards to the French cruisers by means of the following signals; viz. For the anchorage of all the boats (provided for in Article LXXX.), a blue peter placed under the blue ensign at the mast-head. For the anchorage of the weaker boats (provided for in Article LXXXI.), a blue peter placed under the red ensign at the mast-head. ARTICLE LXXXIII.-Whenever the appearance of the weather, although it be not actually stormy at the time, yet shall be so threatening that boats could not gain shelter of the British channel islands before it comes on, the British commander, taking on himself the responsibility of the measure, may authorize the said boats to anchor at Chausey, by hoisting a blue peter. This permission shall, at the same time, be made known to the French cruisers by means of a French flag hoisted at the mast-head over the said blue peter. These flags shall not be hauled down until the French cruisers shall have understood the signal, and answered it by hoisting, also at the mast-head, an English flag. ARTICLE LXXXIV.-When British fishing boats put into Chausey they shall keep together in the same part of the anchorage. Should any compulsory circumstances prevent their doing so, the commander of the English station shall inform the French station thereof by hoisting, in addition to the flags flying to announce the putting in of the boats, an union jack under the said flags. ARTICLE LXXXV.-The fishing boats of the one country shall not approach nearer to any part of the coasts of the other country than the limit of three miles, specified in Article IX. of the convention signed at Paris on the second of August one thousand eight hundred and thirty-nine, except under the following circumstances: First. When driven by stress of weather or by evident damage to seek shelter in the harbours, or within the fishery limits of the other country. Secondly. When carried within the limits established for the fishery of the other country by contrary winds, by strong tides, or by any other cause independent of the will of the master and crew. Thirdly. When obliged by contrary winds or tide to beat up in order to reach their fishing ground; 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. Fourthly. When, during the herring fishing season, the herring fishing boats of the one country shall find it expedient to anchor under shelter of the coasts of the other country, in order to await a favourable opportunity for proceeding to their lawful fishery outside of the limits defined by Article IX. of the convention of the second of August one thousand eight hundred and thirty-nine. ARTICLE LXXXVI.-Whenever, in any of the cases of exception specified in the preceding article, the fishing boats of either nation shall have occasion to sail or anchor within the limits defined by the convention of the second of August one thousand eight hundred and thirty-nine, the masters of such boats shall immediately hoist a blue flag, two feet high and three feet long, and shall keep this flag flying at the masthead so long as they shall remain within the said limits; consequently this flag shall not be hauled down until the boats are actually outside of those limits. These boats, when within the aforesaid limits, are not only prohibited from fishing themselves, but are also forbidden to send their small boats to fish, even outside of the limits in question. They must all (with the exception of herring boats which may be waiting, as they have the privilege of doing, for a favourable opportunity to proceed to their lawful fishery,) return outside the said limits, so soon as the causes shall have ceased which obliged them to come in under the cases of exception specified. It is further agreed, conformably to the tenor of the present regulations, that the fishing boats of the one country shall not use the ports of the other country for the greater convenience of their fishery operations, either in proceeding from thence to their lawful fishery in the seas common to both, or in returning thereunto after fishing; it being understood, however, that this stipulation does not in any manner impair the right of putting into port in the cases of exception specified in Article LXXXV. ARTICLE LXXXVII.-It is forbidden to herring drift-net fishing boats to shoot their nets earlier in the day than half an hour before sunset, except in places where it is customary to carry on this drift-net fishing by daylight. ARTICLE LXXXVIII.-Herring fishermen, being within the fishery limits of either country, shall comply with the laws and regulations of the said country respecting the prohibition of fishing on the sabbath day. ARTICLE LXXXIX.-The commanders of the cruisers of each of the two countries, and all officers or other agents whatsoever appointed to superintend the fisheries, shall exercise thsir judgment as to the causes of any transgressions committed by the fishing boats of the other country, and when they shall be satisfied of the fact of the transgression, they shall detain or cause to be detained the boats having thus transgressed the preceding regulations (from Article LXXVI.), and shall take them or cause them to be taken into port, where, upon clear proof of the transgression being brought by the detaining party before the competent tribunal or magistrates, the said boats so transgressing may be condemned to be kept for a period not exceeding three months, or to a fine not exceeding ten pounds sterling (two hundred and fifty francs). In testimony whereof the respective commissioners have signed the present regulations, and have thereto affixed their seals. Done in London, the twenty-fourth day of May in the year of our Lord one thousand eight hundred and forty-three. 40 & 41 VICT. C. 44. c. 104. 18 & 19 Vict. c. 119. An Act to make Provision respecting the Superannuation Allowance of Officers whose Salaries were formerly payable out of the Mercantile Marine Fund. [10th August, 1877.] WHEREAS by section thirty-nine of the Merchant Shipping Act, 1876, 39 & 40 Vict. the salaries of surveyors appointed under the Merchant Shipping Acts, c. 80. 1854 to 1876, and of persons employed under the Passengers Act, 1855, 17 & 18 Vict. which were formerly payable out of the Mercantile Marine Fund, were directed to be paid, after the first day of January one thousand eight hundred and seventy-seven, out of moneys provided by Parliament, but no provision was made with respect to the superannuation allowances of those of the said surveyors and persons whose salaries had been previously paid out of the Mercantile Marine Fund, and it is expedient to make such provision: 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 Superannuation (Mercantile Marine Short title. Fund Officers) Act, 1877." sions to money 2. Where any superannuation or other retiring allowance was pre- Transfer of viously to the first day of January one thousand eight hundred and existing penseventy-seven payable out of the Mercantile Marine Fund to any person to be provided in respect of his service as a surveyor appointed under the Merchant by Parlia Shipping Acts, 1854 to 1876, or of his employment under the Passengers Act, ment. 1855, such allowance shall be payable, and be deemed to have been pay- 17 & 18 Vict. able, on and after the said first day of January one thousand eight hundred c. 104. and seventy-seven, out of moneys provided by Parliament. 39 & 40 Vict. pen 3. Where a surveyor appointed under the Merchant Shipping Acts, c. 119. 1854 to 1876, or a person employed under the Passengers Act, 1855, was Grant of immediately previous to the first day of January one thousand eight sion to existhundred and seventy-seven receiving a salary out of the Mercantile ing officers. Marine Fund, and since that date has in pursuance of section thirty nine of the Merchant Shipping Act, 1876, received such salary out of 39 & 40 Vict. moneys provided by Parliament, the Commissioners of her Majesty's c. 80. Treasury may grant to such surveyor or person, upon retirement or removal from his office or employment, the same superannuation allowance, gratuity, pension, or other allowance (if any), as might have been granted to him if he had continued to receive his salary out of the Mercantile Marine Fund; and in calculating the amount of such superannuation allowance, gratuity, pension, or other allowance, his service during the period that his salary was paid out of the Mercantile Marine Fund, and his service during the period that his salary was paid out of moneys provided by Parliament, shall be reckoned indifferently as the same service. The 40 & 41 Vict. c. 56, which is entitled "An Act to amend the Laws relating to County Officers and to Courts of Quarter Session and Civil Bill Courts in Ireland," and the provisions of which confer admiralty jurisdiction as therein mentioned on the Chairman of Limerick and the Chairman of Waterford, and the Recorders of Londonderry and Galway, it is considered unnecessary to set out. The 40 & 41 Vict. c. 57, which is entitled "An Act for the Constitution of a Supreme Court of Judicature and other purposes relating to the better Administration of Justice in Ireland," and which preserves the jurisdiction of the then existing judge of the Court of Admiralty in Ireland, it is considered unnecessary to set out Short title. Amendment of the law as to 41 & 42 VICT. c. 73. An Act to regulate the Law relating to the Trial of Offences com- 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 the jurisdiction 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. of the admiral. Restriction on institution of proceedings for punishment of offence. Provisions as to procedure. 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 dominions 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 Saving as to of any rightful jurisdiction of her Majesty, her heirs or successors, under jurisdiction. 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 Saving as to in use of any act of piracy as defined by the law of nations, or affect or piracy. 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 Definitions. following expressions shall respectively have the meanings hereinafter assigned to them; that is to say, "The jurisdiction of the admiral," as used in this act, includes the "Jurisdiction jurisdiction of the Admiralty of England and Ireland, or either of of the such jurisdictions as used in any Act of Parliament; and for the admiral:" officer: "United Kingdom" includes the Isle of Man, the Channel Islands, “United and other adjacent islands: Kingdom:" "The territorial waters of her Majesty's dominions," in reference to "Territorial the sea, means such part of the sea adjacent to the coast of the waters of her United Kingdom, or the coast of some other part of her Majesty's Majesty's dominions, as is deemed by international law to be within the dominions:" 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: "Governor," as respects India, means the governor general or the "Governor:" 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 :" |