Repeal of acts in schedule. of Trade may from time to time direct, a return of the facts so recorded to the registrar general of shipping and seamen (i). (2.) Where a ship which is not a British ship carries passengers to or from any port of the United Kingdom as the port of destination or the port of departure of such ship, the provisions of this section shall apply to the captain or master of or other person having the command or charge of such ship, in like manner as if it were a British ship. (3.) Where the said return is directed by the Board of Trade (whether the ship is British or foreign) to be delivered upon the arrival of the ship, or the discharge of the crew, or otherwise, at any port or place out of the United Kingdom, the Board of Trade may, if they think fit, direct that the return instead of being delivered to the registrar general of shipping and seamen shall be delivered, and the same shall accordingly be delivered, if such port or place is within her Majesty's dominions, to the shipping master or collector of customs at such port or place, and if it is a foreign port or place, to the principal British consular officer at the said foreign port or place, and such shipping master, collector, or officer shall send the same, as soon as may be, by post or otherwise, to the registrar general of shipping and seamen. (4.) Where it appears from any such return that the father of any child so born, or if the child is a bastard the mother of such child, was a Scotch or Irish subject of her Majesty, or that any person whose death is mentioned in such return was a Scotch or Irish subject of her Majesty, the registrar general of shipping and seamen shall from time to time send a certified copy of so much of the return as relates to such birth or death to the registrar general of births and deaths in Scotland or Ireland, as the case may require. (5.) The registrar general of shipping and seamen shall from time to time send to the registrar general of births and deaths in England a certified copy of every other such return, or of that part of every such return which is not so sent to the registrar general of births and deaths in Scotland or Ireland. [Sub-section 6 relates to the ships belonging to her Majesty.] (7.) Every registrar general of births and deaths to whom a copy of any return or a return is sent in pursuance of this section shall cause the same to be filed and preserved in or copied in a book to be kept by him for the purpose, and to be called a marine register book, and such book shall be deemed to be a certified copy of a register book within the meaning of the acts relating to the registration of births and deaths in England, Scotland, and Ireland respectively. (8.) Every captain or master of or other person having charge of a ship who fails to comply with this section shall be liable to a penalty not exceeding five pounds for each offence; and such penalty may be recovered in the same courts and places and in the like manner, and when recovered shall be applied in like manner, as a penalty under the Merchant Shipping Act, 1854. (9.) This section shall extend to all places and persons within British jurisdiction. (10.) Terms in this section shall have the same meaning as in the Merchant Shipping Act, 1854. 53. This act may be cited as "The Births and Deaths Registration Act, 1874." Repeal. 54. The acts specified in the fifth schedule to this act are hereby repealed, from and after the commencement of this act, to the extent specified in the third column of that schedule. (i) See post, "Forms," No. 43. Provided that this repeal shall not affect: (a.) Anything duly done or suffered under any enactment hereby repealed, or the proof of any past act or thing; (b.) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed; or (c.) Any penalty, forfeiture, or punishment incurred in respect of any offence committed against any enactment hereby repealed; or (d.) Any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture, or punishment as aforesaid; and any such investigation, legal proceeding, and remedy may be carried on as if this act had not passed. FOURTH SCHEDULE. Particulars to be registered by Captain of a Ship concerning a Birth at Sea. Date of birth. Name (if any) and sex of the child. Name and surname, and rank, profession, or occupation of the father. Name and surname, and maiden surname of mother. Nationality and last place of abode of the father and mother. Particulars to be registered by Captain of a Ship concerning a Death at Sea. Date of death. A description or citation of a portion of an act is inclusive of the words, section, or other part first or last mentioned, or otherwise referred to as forming the beginning or as forming the end of the portion comprised in the description or citation. Portions of acts which have already been specifically repealed are in some instances included in the repeal in this schedule, in order to preclude henceforth the necessity of looking back to previous acts. Saving. Short title. 38 VICT. c. 15. An Act to amend the Sea Fisheries Act, 1868. [28th May, 1875.] BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 3. Nothing in the Sea Fisheries Act, 1868, or in the schedule thereto shall be deemed to repeal or alter any of the regulations for preventing collisions at sea, contained in the schedule to the Merchant Shipping Act Amendment Act, 1862, or to take away or diminish the power to annul or modify any of the said regulations, and to make new regulations in addition thereto or in substitution therefor, which by the said last-mentioned act is given to her Majesty in council (k). 4. This act may be cited as "The Sea Fisheries Act, 1875." Application of Close time for seal fishery. 38 VICT. C. 18. An Act to provide for the Establishment of a Close Time in the Seal BE it enacted by the Queen's most excellent Majesty, by and with the 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 (7). 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. 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 c. 42), s. 15. (4) See the Fisheries (Oyster, Crab, and Lobster) Act, 1877 (40 & 41 Vict. (7) See post, "Orders in Council." 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 (m). 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. 3. Every offence under this act may be prosecuted and every penalty Prosecution of 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 Westminster, 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 one hundred pounds, 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 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. 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 ownershall be liable to the like penalty to which the person committing such offence is liable under this act. offences. Liability of owner and master of ship in certain cases. 5. Where the owner or master of a ship is adjudged to pay a penalty Liability of for an offence under this act, the Court may, in addition to any other ship to power they may have for the purpose of compelling payment of such penalty. penalty, direct the same to be levied by distress or arrestment and sale of the said ship and her tackle. 6. In this act the expression "seal" means the harp or saddleback Definition of seal, the bladdernosed 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." 7. This act may be cited as "The Seal Fishery Act, 1875." SCHEDULE. Area to which Act applies. 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. (m) See post, "Orders in Council." Short title. Judge may do certain things within or without his circuit. As to appointment of asses sors. Appeal may be made within eight days without case. 38 & 39 VICT. c. 50. An Act to amend the Acts relating to the County Courts. [2nd August, 1875.] WHEREAS it is desirable to amend the Acts relating to the County Courts: Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 4. A judge of County Courts shall, whether within the district of any of his Courts or not, have jurisdiction to make any order, or exercise, on an ex parte application, any authority or jurisdiction in any action or proceeding pending in any of the Courts of which he is judge, which, if the same related to an action or proceeding pending in one of her Majesty's superior Courts, might be given, made, or exercised by a judge of such last-mentioned Courts in chambers, and, with the consent of both parties to an action or proceeding, to hear and decide any matter at any place either within or without any such district. 5. In any action or proceeding it shall be lawful for the judge, if he think fit, on the application of either party, to summon to his assistance, in such manner as may be prescribed by rules of court, one or more persons of skill and experience in the matter to which the action or proceeding relates, who may be willing to sit with the judge and act as assessors; and their remuneration for so sitting shall be at such rate as may be prescribed by rules of court, and shall be costs in the cause or proceeding, unless otherwise ordered by the judge; but where any person is proposed to be summoned as an assessor, objection to him, either personally or in respect of his qualification, may be taken by either party in manner to be prescribed by rules of court. 6. In any cause, suit, or proceeding, other than a proceeding in bankruptcy, tried or heard in any County Court, and in which any person aggrieved has a right of appeal (n), it shall be lawful for any person stating special aggrieved by the ruling, order, direction, or decision of the judge, at any time within eight days after the same shall have been made or given, to appeal against such ruling, order, direction, or decision by motion to the Court to which such appeal lies, instead of by special case, such motion to be ex parte in the first instance, and to be granted on such terms as to costs, security, or stay of proceedings as to the Court to which such motion shall be made shall seem fit. And if the Court to which such appeal lies be not then sitting, such motion may be made before any judge of a superior Court sitting in chambers. And at the trial or hearing of any such cause, suit, or proceeding, the judge, at the request of either party, shall make a note of any question of law raised at such trial or hearing, and of the facts in evidence in relation thereto, and of his decision thereon, and of his decision of the cause, suit, or proceeding, and he shall, at the expense of any person or persons, being party or parties in any such cause, suit, or proceeding, requiring the same for the purpose of appeal, furnish a copy of such note, or allow a copy to be taken of the same by or on behalf of such person or persons, and he shall sign such copy, and the copy so signed shall be used and received on such motion and at the hearing of such appeal. (n) See Turner v. The Great Western Railway Co., 2 Q. B. Div. 125. |