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BEHRING SEA AWARD ACT 1894

BEHRING SEA AWARD ACT 1894 - LONG TITLE

An Act to provide for carrying into effect the Award of the
Tribunal of Arbitration constituted under a Treaty between Her
Majesty the Queen and the United States of America.{1}
[23rd April 1894]
[WHEREAS by a treaty between Her Majesty the Queen and the
Government of the United States of America various questions which
had arisen respecting the taking and preservation of the fur seal
in the North Pacific were referred to arbitrators as mentioned in
the treaty:

And Whereas the award of such arbitrators (in this Act referred to
as the Behring Sea Arbitration Award) dated the fifteenth day of
August one thousand eight hundred and ninety-three, contained the
provisions set out in the First Schedule to this Act.]

BEHRING SEA AWARD ACT 1894 - SECT 1
Enactment of articles of arbitrators' award respecting the fur seal.

1.(1) The provisions of the Behring Sea Arbitration Award set out
in the First Schedule to this Act shall have effect as if those
provisions (in this Act referred to as the scheduled provisions)
were enacted by this Act, and the acts directed by Articles one
and two thereof to be forbidden were expressly forbidden by this
Act.

(2) If there is any contravention of this Act, any person
committing, procuring, aiding, or abetting such contravention shall be
guilty of a misdemeanor within the meaning of the Merchant Shipping
Act, 1854, and the ship employed in such contravention and her
equipment, and everything on board thereof, shall be liable to be
forfeited to Her Majesty as if an offence had been committed under
section one hundred and three of the said Act: Provided that the
court, without prejudice to any other power, may release the ship,
equipment, or thing, on payment of a fine not exceeding five
hundred pounds.

(3) The provisions of the Merchant Shipping Act, 1854, with respect
to official logs (including the penal provisions) shall apply to
every vessel engaged in fur seal fishing.

(4) Every person who forges or fraudulently alters any licence or
other document issued for the purpose of Article four or of Article
seven in the First Schedule to this Act, or who procures any such
licence or document to be forged or fraudulently altered, or who
knowing any such licence or document to be forged or fraudulently
altered uses the same, or who aids in forging or fraudulently
altering any such licence or document, shall be guilty of a
misdemeanor within the meaning of the Merchant Shipping Act, 1854.

(5) Subject to this Act, the provisions of sections one hundred and
three and one hundred and four and Part Ten of the Merchant
Shipping Act, 1854, and of section thirty-four of the Merchant
Shipping Act, 1876, which are set out in the Second Schedule to
this Act, shall apply as if they were herein re-enacted, and in
terms made applicable to an offence and forfeiture under this Act;
and any commissioned officer on full pay in the naval service of
Her Majesty the Queen may seize the ship's certificate of registry.

BEHRING SEA AWARD ACT 1894 - SECT 2
Provisions as to ship's papers.

2.(1) Where an officer seizes, under this Act, a ship's certificate
of registry, he shall either retain the certificate and give a
provisional certificate in lieu thereof, or return the certificate
with an indorsement of the grounds on which it was seized, and in
either case shall direct the ship, by an addition to the
provisional certificate or to the indorsement, to proceed forthwith
to a specified port, being a port where there is a British court
having authority to adjudicate in the matter, and if this direction
is not complied with, the owner and master of the ship shall,
without prejudice to any other liability, each be liable to a fine
not exceeding one hundred pounds.

(2) Where in pursuance of this section a provisional certificate is
given to a ship, or the ship's cerificate is indorsed, any officer
of customs in Her Majesty's dominions or British consular officer
may detain the ship until satisfactory security is given for her
appearance in any legal proceedings which may be taken against her
in pursuance of this Act.

BEHRING SEA AWARD ACT 1894 - SECT 3
Orders in Council.

3.(1) Her Majesty the Queen in Council may make, revoke, and alter
Orders for carrying into effect the scheduled provisions, and this
Act and every such Order shall be forthwith laid before both Houses
of Parliament and published in the London Gazette, and shall have
effect as if enacted in this Act.

(2) If there is any contravention of any regulation made by any
such Order, any person committing, procuring, aiding, or abetting
such contravention shall be liable to a penalty not exceeding one
hundred pounds.

(3) An Order in Council under this Act may provide, that such
officers of the United States of America as are specified in the
Order may, in respect of offences under this Act, exercise the like
powers under this Act as may be exercised by a commissioned officer
of Her Majesty in relation to a British ship, and the equipment
and certificate thereof, or such of those powers as appear to Her
Majesty in Council to be exerciseable under the law of the United
States of America against ships of the United States; and that such
British officers as are specified in the Order may exercise the
powers conferred by this Act, with any necessary modifications
specified in the Order, in relation to a ship of the United States
of America, and the equipment and certificate thereof.

BEHRING SEA AWARD ACT 1894 - SECT 4
Liability of master to punishment.

4.(1) Where any offence under this Act has been committed by some
person belonging to a ship, or by means of a ship, or the
equipment of a ship, the master of the ship shall be deemed guilty
of such offence, and the ship and her equipment shall be liable to
forfeiture under this Act.

(2) Provided that if it is proved that the master issued proper
orders for the observance, and used due diligence to enforce the
observance of this Act, and the regulations in force thereunder, 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 proper means in his power to
prosecute such offender, if alive, to conviction, the master or the
ship shall not be liable to any penalty or forfeiture other than
such sum as will prevent any profit accruing by reason of the
offence to the master or crew or owner of the ship.

BEHRING SEA AWARD ACT 1894 - SECT 5
Definitions.

5. The expression "equipment" in this Act includes any boat, tackle,
fishing or shooting instruments, and other things belonging to a
ship.

BEHRING SEA AWARD ACT 1894 - SECT 6
Short title.

6. This Act may be cited as the Behring Sea Award Act, 1894.

BEHRING SEA AWARD ACT 1894 - SECT 7
Operation of Act.

7.(1) ... Her Majesty in Council, if at any time it appears
expedient so to do, having regard to the circumstances which have
then arisen in relation to the scheduled provisions or to the
enforcement thereof, may suspend the operation of this Act or any
part thereof during the period mentioned in the Order, and the same
shall be suspended accordingly.

(2) Where on any proceeding in any court against a person or ship
in respect of any offence under this Act it is proved that the
ship sailed from its port of departure before the provisions of the
award mentioned in the First Schedule to this Act were known there,
and that such person or the master of the ship did not, after
such sailing and before the alleged offence, become aware of those
provisions, such person shall be acquitted, and the ship shall be
released and not forfeited.

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.