herein reenacted, 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.

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 certificate 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.

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 exercisable 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.

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 offense 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 offense to the master or crew or owner of the ship.

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

6. This act may be cited as the Behring Sea award act,

1894.

7. (1) This act shall come into operation on the first day of May, one thousand eight hundred and ninety-four, provided that 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 offense 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 persons shall be acquitted, and the ship shall be released and not forfeited.

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.

SCHEDULES.

FIRST SCHEDULE.

Provisions in Award of the Tribunal of Arbitration Constituted under the Treaty Concluded at Washington on the 29th of February, 1892, between Her Majesty the Queen and the United States of America.

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 Pribilof 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 I 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,

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propelled by paddles, oars or sails, as are in common use as fishing boats.

ARTICLE 4. Each sailing vessel authorised to fish for fur seals 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, firearms, and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shotguns 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 furseal 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 practiced 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.