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Statutes of Northern Ireland


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SEAL FISHERY ACT 1875

SEAL FISHERY ACT 1875 - LONG TITLE

An Act to provide for the establishment of a Close Time in the
Seal Fishery in the Seas adjacent to the eastern coasts of
Greenland.
[14th June 1875]
Application of Act by Order in Council in conjunction with foreign
states.

SEAL FISHERY ACT 1875 - SECT 1

1. When it appears to Her Majesty in Council that the foreign
states whose ships or subjects are engaged in the seal fishery in
the area mentioned in the schedule to this Act, or any part of
such area, have made 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 fishery within the said area or such part thereof as
may be specified in the order.

Her Majesty may, by the same or any subsequent order, limit the
operation of the order, and render the operation thereof subject to
such conditions, exceptions, and qualifications 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 lieu 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.

SEAL FISHERY ACT 1875 - SECT 2
Close time for seal fishery.

2. When an Order in Council has been made for applying this Act,
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 capturing, 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 five
hundred pounds for each offence.

SEAL FISHERY ACT 1875 - SECT 3
Prosecution of offences.

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

(3)In Ireland, before two justices of the peace in a summary
matter....

For all purposes 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.

SEAL FISHERY ACT 1875 - SECT 4
Liability of owner and master of ship in certain cases.

4. Where an offence under this Act is committed, then

(a)If the same is committed by the fault or with the connivance of
the master of any ship, that master, and

(b)If the same is committed by the fault or with the connivance of
the owner of any ship, that owner

Liability of ship to penalty.

SEAL FISHERY ACT 1875 - SECT 5

5. Where the owner or master of a ship is adjudged to pay a
penalty for an offence under this Act, 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 and her tackle.

SEAL FISHERY ACT 1875 - SECT 6
Definition of ""seal.''

6. In this Act the expression "seal" means the harp or saddleback
seal, the bladder-nosed or hooded seal, the ground or bearded seal,
and the floe seal or floe rat, and includes any animal of the
seal kind which may be specified in that behalf by an Order in
Council under this Act.

SEAL FISHERY ACT 1875 - SECT 7
Short title.

7. This Act may be cited as "The Seal Fishery Act, 1875."The area
included between the parallels of sixty-seven degrees and seventy-five
degrees of North Latitude, and between the meridians of five degrees
East and seventeen degrees West Longitude, reckoned from the meridian
of Greenwich.


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URL: http://www.bailii.org/nie/legis/num_act/sfa1875137.txt