276 REPORT OF BRITISH COMMISSIONERS. 



master and person in charge of, and every person belonging to, any British ship, and 

 every British subject, shall uot kill or capture, or attemj)t to kill or capture, any seal 

 within the area mentioned in the Schedule to the said Act. 

 "The Seal Fishery Act, 1875," is as follows: 



38 Vict., Cap. 18.— An Act to provide for the establishment of a Close Time in the Seal 

 Fishery in the Seas adjacent to the Ea&tern Coasts of Greenland. 



[June 14, 1875.] 

 Be it enacted by the Queen's Most Excellent Majesty, by and with 

 the advice and cousent of the Lords Spiritual and Temporal, and Com- 

 mons, in this present Parliament assembled, and by the authority of 

 the same, as follows : 

 Application of 1- When it appears to Her Majesty in Council that the foreign States 

 Act by Order in whose ships or subjects are engaged in the seal fishery in the area men- 

 Council in con- tioned in the Schedule to this Act, or any part of such area, have 

 ioiei" upstates! ' "i^de or will make, with respect to their own ships and subjects, the 

 ° like provisions to those contained in this Act, it shall be lawful for 



Her Majesty, by order in Council, to direct that this Act shall, after 

 the date mentioned in the Order, apply to the seal lishery within the 

 said area, or such part thereof as may be specified in the Order. 



Her Majesty may, by the same or any subse(i[uent Order, limit the 

 operation of the Order, and render the operation thereof subject to 

 such conditions, exceptions, and qualiiications as may be deemed 

 expedient. 



So long as an Order under this section remains in force this Act shall, 

 subject to any such limitation, condition, exemption, or qualification 

 as aforesaid, apply to the seal fishery within the said area, or such 

 part as may be specified in the Order. 



Her Majesty may from time to time, by Order in Council, rescind, 

 alter, or add to any Order made in pursuance of this section, and 

 make a new Order in lien thereof. 



Every Order in Council made in pursuance of this section shall be 

 laid before both Houses of Parliament within six weeks after it is 

 made, or if Parliament be not then sitting, within six weeks after the 

 then next meeting of Parliament, and shall also be published in the 

 " London Gazette." 

 Close time for ^- When an Order in Council has been made for applying this Act, 

 seal fi-sbery. then, SO long as such Order remains in force, the master or person in 

 charge of or any person belonging to any British ship, or any British 

 subject, shall not kill or capture, or attempt to kill or capture, any 

 seal within the area mentioned in the Schedule to this Act, or the part 

 of the area specified in the Order, before such day in any year as may 

 be fixed by the Order, and the master or person in charge of a British 

 ship shall not permit such ship to be employed in such killing or cap- 

 turing, or permit any person belonging to such ship to act in breach 

 of this section. 



Any person who is guilty of any breach (by any act or default) of 

 this section shall be liable to a penalty not exceeding 5001. for each 

 oft'euce. 

 Prosecution of 3. Every offence under this Act may be prosecuted, and every pen- 

 offences, alty under this Act may be recovered — 



(1.) In England, before two Justices of the Peace in a summary 

 manner, or by action in any of Her Majesty's Superior Courts at West- 

 miuster, together with full costs of suit; and 



(2.) In Scotland, by action as for a debt in the ordinary Sheriff 

 Court or in the Court of Session ; and 



(3.) In Ireland, before two Justices of the Peace in a summary 

 manner, or by personal action in any of Her Majesty's Superior 

 Courts at Dublin. 



Provided that the penalty imposed in a summary manner by two 

 Justices shall not exceed lOOZ., exclusive of costs. 



One-half of every penalty recovered under this Act shall be paid 

 to the person who prosecuted the offence or sued for such penalty. 



For all ijurposes of and incidental to the trial and punishment of 

 any person accused of an offence under this Act, and the proceedings 

 and matters preliminary and incidental to and consequential on his 

 trial and punishment, and for all purposes of and incidental to the 

 jurisdiction of any Court or of any constable or officer with reference 

 to such offence, the offence shall be deemed to have been committed 

 either in the place in which it was actually committed or in any place 

 in which the offender may for the time being be found. 



