324 DIPLOMATIC COERESPONDENCE. 



Beals by British ships in Behriiig's Sea, or sucli part thereof as is defiued by the said 

 order, during the period limited by the order. 



(2) While an order in council under this act is in force — 



(a) A person belonging to a Britisli ship shall not kill, or take, or hunt, or attempt 

 to kill or take, any seal within Behring's Sea during the period liiuited by the order; 

 and 



{h) A British ship shall not, nor shall any of the equipment or crew thereof, be 

 used or emploj'ed in such killing, taking, hunting, or attempt. 



(3) If there is any contravention of this act, any person committing, procuring, 

 aiding, or abetting such contravention shall be guilty of a misdenseanor within the 

 meaning of ihc. merchant slii]»ping act, 1854, and the ship and her equipment and 

 everything on l)oard thereof shall be forfeited to Her ]\iajesty as if an offense had 

 been committed under section 103 of the said act, and the provisions of sections 103 

 and 104 and part 10 of the said act (which are set out in the schedule to this act) 

 shall apply as if they were herein reenacted and in terms made applicable to an 

 oft'ense and forfeiture under this act. 



(4) Any commissioned officer on full pay in the naval service of Her Majesty shall 

 have power, during the period limited by the order, to stop and examine any British 

 ship in Behring's Sea, and to detain her, or any portion of her equipment, or any of 

 her crew, if in his judgment the ship is being or is preparing to be used or employed 

 in contravention of this section. 



(5) If a British ship is found within Behring's Sea having on board thereof fishing 

 or shooting implements or seal skins or bodies of seals, it shall lie on the owner or 

 master of such ship to prove that the ship was not used or employed in contraven- 

 tion of this act. 



2. (1) Her Majesty the Queen in council may make, revoke, and alter orders for 

 the purposes of this act, and every such order shall be forthwith laid before both 

 hoiises of Parliament and published in the London Gazette. 



(2) Any such order may contain any limitations, conditions, qualifications, and 

 exceptions which appear to Her Majesty in council expedient for carrying into eftect 

 the object of this act. 



3. (1) This act shall apply to the animal known as the fur seal, and to any marine 

 animal specified in that behalf by an order in council under this act, and the expres- 

 sion "seal" in this act shall be construed accordingly. 



(2) The expression " Behring's Sea" in this act means the seasknown as Behring's 

 Sea within the limits described in an order under this act. 



(3) The expression "equipment" in this act includes any boat, tackle, fishing or 

 shooting instruments, and otlier things belonging to the shii). 



(4) This act may be cited as the seal fishery (Behring's Sea) act, 1891. 



Schedule. 



ENACTMENTS OF MERCHANT SHIPPING ACT (17 AND 18 VICT., C. 104) APPLIED. 



Section 103. * * * And in order that the above provisions as to forfeitures 

 may be carried into effect, it shall be lawful for any conunissioned officer on full pay 

 in the military or naval service of Her Majesty, or any P>ritish officer of customs, or 

 any British consular officer, to seize and detain any ship which has, either wholly 

 or as to any share therein, bectmie subject to forfeiture as aforesaid, and to bring 

 her for adjudication before the high court of admiralty in England or Ireland, or 

 any court having admiralty jurisdiction in Her Majesty's dominions; and such court 

 may thereupon make such order in the case as it may flunk fit, and may award to 

 the officer bringing in the same for adjudication such portion of the proceeds of the 

 sale of any forfeited ship or share as it may think right. 



Sec. 104. No such officer as albresaid sliall be responsible, cither civilly or crimi- 

 nally, to any person whomsoeAcr, in resi>ect of the seizure or detention of any ship 

 that has been seized or detained by him in pursuance of the provisions herein con- 

 tained, notwithstanding th.at 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 

 detenfion is held that lliere were reasonable grounds for sudi seizure or detention; 

 but if no sucli 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. 



For the remaining part of this inclosnre, entitk^d "Legal Procedure," 

 see Senate Ex. Doc. No. 55, Filty-second Congress, first session, pp. 



55-58. 



