Courts of the country to which the offenders belong shall condemn the latter to a fine of at least eight shillings (ten francs), or to imprisonment for at least two days. They may, moreover, condemn the offenders to pay adequate compensation for the injury. ARTICLE XXXI. Fishing boats of either of the two countries shall be admitted to sell their fish in such ports of the other country as may be designated for that purpose, on condition that they conform to the regulations mutually agreed upon. Those regulations, together with a list of the ports, are annexed to the present convention; but without prejudice to the opening by either country of any additional ports (n). ARTICLE XXXII. The fishing boats of the one country shall not enter within the fishery limits fixed for the other country, except under the following circumstances: 1. When driven by stress of weather or by evident damage. 2. When carried in by contrary winds, by strong tides, or by any other cause beyond the control of the master and crew. 3. When obliged by contrary winds or tide to beat up in order to reach their fishing ground; and when from the same cause of contrary wind or tide they could not, if they remained outside, be able to hold on their course to their fishing ground. 4. When, during the herring fishing season, the herring boats of the one country shall find it necessary to anchor under shelter of the coasts of the other country, in order to await the opportunity for proceeding to their fishing ground. 5. When proceeding to any of the ports of the other country open to them for the sale of fish in accordance with the preceding article; but in such case they shall never have oyster dredges on board (n). ARTICLE XXXIII. When fishing boats, availing themselves of the privilege specified in Article XXXI. (n), shall have oysters on board, they shall not carry any dredges or other implement for taking oysters. ARTICLE XXXIV. The commanders of cruizers may authorize boats belonging to their own country to cross the exclusive fishery limits of the other country, whenever the weather is so threatening as to compel them to seek shelter. ARTICLE XXXV. Whenever, owing to any of the exceptional circumstances specified in the three preceding articles, the fishing boats of either country shall be in the ports or within the fishery limits fixed for the other country, the masters of such boats shall immediately hoist a blue flag two feet (60 centimetres French) high, and three feet (one metre French) long, and shall keep that flag flying at the masthead so long as they remain in such ports or within such limits. The flag shall be hauled down as soon as the boat is outside the said limits. Such boats must return outside the said limits as soon as the exceptional circumstances which obliged them to enter shall have ceased. (n) See sect. 17. ARTICLE XXXVI. The commanders of the cruizers of each of the two countries, and all officers or other agents appointed to superintend fisheries, shall exercise their judgment as to infractions of the regulations with regard to the fishery limits, and when they shall be satisfied of the fact of the infraction they may detain the boats of the offenders, or cause them to be detained, and may take them, or cause them to be taken, into port, where, upon clear proof of the offence, such boats may be condemned by the competent Court or magistrate, to a fine not exceeding 10 pounds (250 francs). In default of payment such boats may be detained for a period not exceeding three months. In case of repetition of the offence the fine may be doubled. ARTICLE XXXVII. The proceedings and trial in cases of infraction of the provisions of the present convention shall take place as speedily and as summarily as the laws in force will permit. ARTICLE XXXVIII. The terms "British Islands" and "United Kingdom," employed in this convention, shall include the Islands of Jersey, Guernsey, Alderney, Sark, and Man, with their dependencies. ARTICLE XXXIX. Her Britannic Majesty engages to recommend to Parliament to pass an act to enable her to carry into execution such of the arrangements contained in the present convention as require legislative sanction. When such an act shall have been passed, the convention shall come into operation from and after a day to be then fixed upon by the two high contracting parties (o). Due notice shall be given in each country by the government of that country of the day which may be so fixed upon. ARTICLE XL. The convention shall continue in force for 10 years from the day on which it may come into operation, and if neither party shall, 12 months before the expiration of the said period of 10 years, give notice of its intention to terminate its operation, the convention shall continue in force one year longer, and so on from year to year, until the expiration of one year's notice from either party for its termination. The high contracting parties however reserve to themselves the power to make, by mutual consent, any modification in the convention which experience shall have shown to be desirable, provided it is not inconsistent with the principles on which it is based. ARTICLE XLI. The convention concluded between the high contracting parties on the 2nd of August, 1839, and the regulations of the 23rd of June, 1843, shall continue in force until the day when, as provided in Article XXXIX., the present convention shall come into operation, and shall then altogether cease and determine (o). ARTICLE XLII. The present convention shall be ratified, and the ratifications shall be exchanged as soon as possible. (0) See the Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), s. 15. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Paris, the 11th of November in the year of our Lord 1867. (L.S.) (L.S.) LYONS. ADDITIONAL ARTICLE. It is agreed that Article XXXI. of the convention signed this day shall not come into operation until the two contracting parties shall have come to a further understanding on the subject. Due notice shall be given of the day that may be fixed upon for its coming into operation (p). The present additional article shall have the same force and validity as if it were inserted, word for word, in the convention signed this day. It shall be ratified, and the ratifications shall be exchanged at the same time as those of the convention. In witness whereof the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms. Done at Paris, the 11th of November in the year of our Lord 1867. [THE DECLARATION annexed to the Convention follows, but it has not been considered necessary to print it, for the reasons given above. (See note to the commencement of the Schedule.)] An Act for conferring Admiralty Jurisdiction on the County BE it enacted by the Queen's most excellent Majesty, by and with the 1. This act may be cited as "The County Courts Admiralty Jurisdiction Short title. Act, 1868." (p) No such notice as that here referred to appears to have ever been given. (4) The 6 & 7 Vict. c. 79, is temporarily revived by the Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. c. 42), s. 15, which enacts, that notwithstanding anything in the Sea Fisheries Act, 1868, the 6 & 7 Vict. c. 79, so far as regards French fishermen and French sea-fishing boats, shall be in force as if it had not been repealed, and shall continue in force until the day when the convention set (r) See the County Courts Admiralty Appointment of County Courts for admiralty purposes. Extent of admiralty jurisdiction of County Courts. Restrictions on County Court juris diction in certain cases. No County Court other 2. If at any time after the passing of this act it appears to her Majesty in council, on the representation of the Lord Chancellor, expedient that any County County should have admiralty jurisdiction, it shall be lawful for her Majesty, by Order in Council (s), to appoint that Court to have admiralty jurisdiction accordingly, and to assign to that Court as its district for admiralty purposes any part or parts of any one or more district or districts of County Courts; and the district so constituted for that Court, with the parts of the sea (if any) adjacent to that district to a distance of three miles from the shore thereof, shall be deemed its district for admiralty purposes; and accordingly the judge and all officers of the Court shall have jurisdiction and authority for those purposes throughout that district, as if the same was the district of the Court for all purposes; and, from a time to be specified in each such order, this act shall have effect in and throughout the district so constituted; and any such order may be from time to time varied as seems expedient; and a County Court so appointed to have admiralty jurisdiction, and no other County Court, shall, for the purposes of this act, be deemed a County Court having admiralty jurisdiction: provided that no judge of a County Court, except the judges of the London Court, shall have jurisdiction in the city of London. 3. Any County Court having admiralty jurisdiction shall have jurisdiction (t), and all powers and authorities relating thereto (u), to try and determine, subject and according to the provisions of this act, the following causes (in this act referred to as admiralty causes): (1.) As to any claim for salvage (v)-Any cause in which the value of the property saved does not exceed one thousand pounds, or in which the amount claimed does not exceed three hundred pounds (x): (2.) As to any claim for towage, necessaries (y), or wages (z)—Any cause in which the amount claimed does not exceed one hundred and fifty pounds: (3.) As to any claim for damage to cargo (a), or damage by collision (b) -Any cause in which the amount claimed does not exceed three hundred pounds: (4.) Any cause in respect of any such claim or claims as aforesaid, but in which the value of the property saved or the amount claimed is beyond the amount limited as above mentioned, when the parties agree by a memorandum signed by them or by their attorneys or agents that any County Court having admiralty jurisdiction, and specified in the memorandum, shall have jurisdiction. 4. Nothing in this act, or in any order in council under it, shall confer on a County Court jurisdiction in any prize cause, or in other matter any within the Naval Prize Act, 1864 (c), or in any matter arising under any of the acts for the suppression of the slave trade (d), or any admiralty jurisdiction by way of appeal. 5. From and after the time specified in each order in council under this act appointing a County Court to have admiralty jurisdiction within (s) See post, "Orders in Council." See the County Courts Admiralty (u) See the County Courts Act, 1875, (v) See the M. S. Act, 1862, s. 49, subs. 6. (x) See The Margaret Jane, L. R., 2 A. & E. 345; The Empress, L. R., 3 A. & E. 502; The Glannibanta, 2 P. D. 45. (y) See The Dowse, L. R., 3 A. & E. 135; Ex parte Michael, L. R., 7 Q. B. 658; The Elpis, L. R., 4 A. & E. 1. (2) See The Blessing, 3 P. D. 35. (2) See the County Courts Admiralty Jurisdiction Act, 1869, s. 2. (b) Ib. s. 4. 27 & 28 Vict. c. 25. (d) 5 Geo. 4, c. 113; 7 Will. 4 & 1 Vict. c. 91; 6 & 7 Vict. c. 98, and 36 & 37 Vict. c. 88. any district as the time from which this act shall have effect in and than that apthroughout that district, no County Court, other than the County Court pointed to have jurisso appointed, shall have jurisdiction within that district in any admiralty diction. cause (e); provided that all admiralty causes at that time pending in any County Court within that district may be continued as if no such order in council had been made. Court by order 6. The High Court of Admiralty of England, on motion by any party As to transfer to an admiralty cause pending in a County Court, may, if it shall think from County fit, with previous notice to the other party, transfer the cause to the High Court of Admiralty, and may order security for costs, or impose such other terms as to the Court may seem fit (f). 7. If during the progress of an admiralty cause in a County Court it appears to the Court that the subject-matter exceeds the limit in respect of amount of the admiralty jurisdiction of the Court, the validity of any order or decree theretofore made by the Court shall not be thereby affected, but (unless the parties agree, by a memorandum signed by them, or by their attorneys or agents, that the Court shall retain jurisdiction,) the Court shall by order transfer the cause to the High Court of Admiralty; but that Court may, nevertheless, if the judge of that Court in any case thinks fit, order that the cause shall be prosecuted in the County Court in which it was commenced, and it shall be prosecuted accordingly. of High Court of Admiralty. As to transfer of causes by County Court to High Court of Admiralty. order of 8. If during the progress of an admiralty cause in a County Court it As to transfer shall appear to the Court that the cause could be more conveniently of causes to prosecuted in some other County Court, or in the High Court of Admiralty of England, the Court may by order transfer it to such other County Court, or to the High Court of Admiralty of England, as the case may be, and the cause shall thenceforward be so prosecuted accordingly. other County Court of Admiralty. Courts or of Admiralty or superior Court. 9. If any person shall take in the High Court of Admiralty of England Restrictions or in any superior Court proceedings which he might, without agreement, on proceedings have taken in a County Court, except by order of the judge of the High in the Court Court of Admiralty or of such superior Court or of a County Court having admiralty jurisdiction, and shall not recover a sum exceeding the amount to which the jurisdiction of the County Court in that admiralty cause is limited by this act, and also if any person without agreement shall, except by order as aforesaid, take proceedings as to salvage in the High Court of Admiralty or in any superior Court in respect of property saved, the value of which when saved does not exceed one thousand pounds, he shall not be entitled to costs (g), and shall be liable to be condemned in costs, unless the judge of the High Court of Admiralty or of a superior Court before whom the cause is tried or heard shall certify that it was a proper admiralty cause to be tried in the High Court of Admiralty of England or in a superior Court. 10. In an admiralty cause in a County Court the cause shall be heard Powers, &c. and determined in like manner as ordinary civil causes are now heard and of judges and determined in County Courts; save and except that in any admiralty registrars. cause of salvage, towage, or collision the County Court judge shall, if he think fit, or on the request of either party to such cause, be assisted by two nautical assessors in the same way as the judge of the High Court of Admiralty is now assisted by nautical assessors (h). 11. In any such admiralty cause as last aforesaid it shall be lawful for Power to the judge of the County Court, if he think fit, and he shall, upon request judge of County Court (e) See the M. S. Act, 1862, s. 49, subs. 6. (f) See The Swan, L. R., 3 A. & E. 314. (g) See Rules of the Supreme Court, Order LV., and Garnett v. Bradley, 3 App. Cas. 944. (h) See the County Courts Admiralty Jurisdiction Act, 1869, s. 5. |