ORAL ARGUMENT OP SIR CHARLES RUSSELL, Q. C. M. P. 343 



them, so that they become the supi-eme authority of the Government 

 of the United States. What is done by the colony is done by the 

 Crown. 



The President. — Unless it is cancelled? 



Senator Morgan. — Yes. 



Sir Charles Kussell. — It is to me a most painful thing to have to 

 refer you to so many books, but it seems to be absolutely necessary. 



The President. — Could you not refer us directly to the statutes of 

 these Colonies? 



Sir Charles Russell. — That is what I am going to do. You will 

 find them in Volume 1, page 435, of the United States Appendix. 



Mr. Foster. — We print all those statutes. 



Sir Charles Russell. — Yes. 



Where.18 the seal fisLery of these islands, which was at one time a source of profit 

 and advantage to the colonists, has been exhansted by indiscriminate and wasteful 

 fishing, and it is desirable to revive and protect this industry by the establishment 

 of a clo.se time, during wliich it shall be unlawful to kill or capture seals within the 

 limits of this colony and its dependencies: 



Be it therefore enacted by the Governor of the Falkland Islands and their dependencies, 

 with the advice and consent of the Legislative Council thereof, as follows: 



1. No person shall kill or capture, or attempt to kill or capture, any seal 

 1131 within the limits of this colony and its dej)endencie8, between the days here- 

 inafter mentioned (which interval is hereinafter referred to as the close season) ; 

 that is to say, between the first day of October and the first day of April following, 

 both inclusive; and any person acting in contravention of this section shall forfeit 

 any seals killed or captured by him and sliall in addition thereto incur a penalty 

 not exceeding one hundred pounds, and a further penalty of five pounds in respect 

 of every seal so killed or cai)tured. 



2. Any owner or master or other person in charge of any ship or vessel who shall per- 

 mit such ship or vessel to be employed in killing or capttiring seals, or who shall permit 

 any person Ijelonging to such ship or vessel to be employed in killing or capturing as 

 aforesaid, during the close season, shall forfeit any seals so killed or captured and in 

 addition thereto shall be liable to a penalty not exceeding three hundred pounds for 

 each otTence. 



3. Every offence under this ordinance may be prosecuted and every penalty under 

 this ordinance may be recovered before the police magistrate or any two justices of 

 the peace in a summary manner, or by action in the supreme court of this colony, 

 together with full costs of suit: Provided, that the penalty imposed by the police 

 magistrate or two justices shall not exceed one hundred pounds, exclusive of costs. 



One-half of every penalty recovered under this ordinance shall be paid to the per-, 

 son who prosecuted the offence or sued for such penalty. 



All fines, forfeitures, and penalties recovered under this ordinance, where not 

 otherwise hereinbefore provided, shall be to Her Majesty, her heirs, and successors, 

 and shall be paid to the treasurer for the use of the government of this colony. 



For all purposes of and incidental to the trial ami punishment of any person 

 accused of any offence under this ordinance and the proceedings and matters pre- 

 liminary and incidental to and consequential on his trial and jjunishment, and for all 

 purposes of and incidental to the jurisdiction of any court or of any constable or 

 officer with reference to such oftence, the offence shall be deemed to have been com- 

 mitted either in the place in w hich it was actually committed or in any place in 

 which the offender may for the time being be found. 



4. Where the owner or master of a ship or vessel is adjudged to pay a penalty for 

 an offence under this ordinance the court may, in addition to any other power they 

 may have for the purpose of compelling payment of such penalty, direct the same 

 to be levied by distress or arrestment and sale of the said ship or vessel and her 

 tackle. 



5. In this ordinance the expression "seal" means the "fur seal," the "sea otter," 

 the "hair seal," the "sea elephant," the "sea leopard," and the "sea dog," and 

 includes any animal of the seal kind which may be found within the limits of this 

 colony and its dependencies. 



Senator Morgan. — Now, Sir Charles, before you close this subject, I 

 wish to ask you a question, for information, merely. I wish to know 

 whether the British Parliament has repealed any of these Acts of any 

 of the Colonial Legislatures, or modified them, having reference to pro- 

 tection of seal life? 



