the exchange of the ratifications of the present convention, a commission, consisting of an equal number of individuals of each nation, who shall prepare a set of regulations for the guidance of the fishermen of the two countries in the seas above mentioned; the regulations so drawn up shall be submitted by the said commissioners to the two governments respectively for approval and confirmation; and the high contracting parties engage to propose to the legislatures of their respective countries such measures as may be necessary for the purpose of carrying into effect the regulations which may be thus approved and confirmed: "" And whereas, pursuant to the said convention, commissioners duly appointed and authorized by her majesty and his majesty the king of the French respectively have agreed upon certain articles set forth in the schedule annexed to this act for the guidance of the fishermen of the two countries in the seas lying between the coasts of the united kingdom of Great Britain and Ireland and those of the kingdom of France, which articles, in further fulfilment of the said convention, have been approved and confirmed on the part of her majesty by one of her majesty's principal secretaries of state, and on the part of his majesty the king of the French by the ambassador extraordinary of his said majesty to the court of London: Be it therefore enacted, &c.: That the said Confirmation articles shall be binding on all persons, and shall have the force of law, as fully of articles. as if they were herein severally and specially enacted. 2. And whereas by the said convention and articles French fishermen are for- Amendment of bidden to fish in the seas between the British islands and France within the 13 & 14 Car. 2, distance of three miles from low-water mark, as defined in the said convention c. 28. and articles, but are not forbidden to fish anywhere beyond the said distance of three miles: And whereas by an act passed in the reign of king Charles the second, intituled "An Act for the Regulation of the Pilchard Fishery in the Counties of Devon and Cornwall," the taking of fish in the manner therein mentioned is forbidden, unless it be at the distance of one league and a half at least from the shores of Devon and Cornwall respectively: Be it enacted, That after the passing of this act the said act of the reign of king Charles the second shall be construed as if instead of the distance of one league and a half the distance specified in the said convention and articles had been therein inserted and specified as the distance within which such taking of fish as is therein mentioned is forbidden; that is to say, the distance of three geographical miles (of which sixty make a degree of latitude), which distance shall be reckoned from low-water mark, except in bays the mouths of which do not exceed ten such geographical miles in width, and for such bays shall be reckoned from a straight line drawn from low-water mark off one headland to low-water mark off the other headland of such bays respectively.* 3. And be it enacted, That it shall be lawful for the lords of the committee of For enforcing her majesty's privy council appointed for trade and foreign plantations, if and convention when they shall think fit, to appoint so many persons as they shall think neces- and articles. sary to ensure the due execution of the said convention and articles. . of fisheries. 4. And be it enacted, that it shall be lawful for the lords of the committee of Board of Trade her majesty's privy council appointed for trade and foreign plantations, from empowered to time to time as may become necessary, to make and ordain such rules and bye- make byelaws laws as to them shall seem expedient for the more effectual performance of the for protection said convention and articles, and from time to time to annul or alter the same, and substitute others instead thereof; and it shall be lawful for the lords of the said committee to impose any penalty not exceeding five pounds in all cases where any penalty is not fixed by this act or by the said articles for any breach of the said rules and byelaws, and to direct that all nets, instruments, or implements of fishing whatsoever used contrary to any of such rules and byelaws shall be forfeited, destroyed, or removed, as the case may require; provided always, that all such rules and byelaws shall be approved by her majesty, with the advice of her privy council, and all the said rules and byelaws, when so approved and confirmed, and until annulled or altered by the like authority, shall be binding on all persons as if the same had been herein enacted. 5. And be it enacted, that the said rules and byelaws, when approved as Publication of aforesaid, shall be printed, and a copy of the same shall be deposited with the byelaws. * The 13 & 14 Car. 2, c. 28, is repealed by the Sea Fisheries Act, 1868, s. 71. Articles may Rules and clerk of the peace for each county adjoining the seas in which such rules and byelaws are proposed to be enforced, and in the islands of Guernsey, Jersey, Sark, Alderney, and Man, and with all the collectors of the customs and coastguard officers at the different stations, and in such and so many places as to the lords of the said committee shall seem fit; and printed copies of the said rules and byelaws shall be provided by the lords of the said committee, and sold at a price not exceeding one shilling for each copy; and notice, both of the publication of the same, and the place or places where the same may be bought, shall be given for three calendar months subsequent to the publication thereof in such of the metropolitan and provincial newspapers as the lords of the said committee shall appoint; and for the purpose of convicting any person offending against the said rules and byelaws, a printed copy of such rules and byelaws obtained from the office of any clerk of the peace with whom the same may be lodged, and certified by him to be a true copy thereof, shall be taken as evidence of such rules and byelaws, and the due publication thereof. 6. And whereas an act was passed in the last session of parliament, intituled "An Act to regulate the Irish Fisheries," and it is not expedient to interfere with the provisions of the said act further than is necessary for giving full effect to the said convention and articles; be it enacted, that it shall be lawful for the lords of the said committee, by a rule or rules to be made by them from time to time, and approved of by her majesty with the advice of her privy council, to suspend the operation of the said articles and of this act, or such part of them as to them shall seem fit, with respect to the fisheries on the coast of Ireland, or on any part thereof, so long as such fisheries shall be carried on exclusively by the subjects of her majesty, and also, with the like approval, to make such byelaws as to them shall seem fit for enforcing the said articles and this act, on the said coast of Ireland, or on any part thereof, as soon as the same shall be frequented for the purpose of fishery by French fishermen. 7. And be it enacted, that all rules and byelaws made by the lords of the said byelaws to be committee in pursuance of this act shall be laid before parliament within six weeks next after the approval thereof by her majesty, if parliament be then sitting, or if not, then within six weeks next after the next meeting of parlia laid before Parliament. Officers and men of her majesty's cruisers and officers and men of revenue and coastguard service, empowered to enforce the provisions of this act. Penalty for obstructing persons on duty. Who shall have cognizance of offences by French subjects within the British fishery limits. ment. 9. And be it enacted, that it shall be lawful for the officers and men employed in her majesty's navy or revenue service, and in the coastguard service, and such other persons as shall be appointed for that purpose by the lords of the said committee, to execute for the purposes of this act, on sea or on land, the warrants of any justice or justices of the peace as fully as any person authorized to execute warrants of any justice of the peace may now execute the same on land within their respective districts, and also to do all such other acts on sea or land, in relation to the preservation of the peace among persons engaged in fishing, and the enforcement of the provisions of this act, as any constable may lawfully do within the limits of his jurisdiction. 10. And be it enacted, that every person assaulting, resisting, or wilfully obstructing any other person, duly authorized under the provisions of this act to enforce the execution of the said articles, in the performance of his duty, on conviction before any magistrate or justice of the peace by the oath of any credible witness, or upon his own confession, shall be liable to a penalty not more than five pounds, or may be imprisoned, with or without hard labour, for any time not longer than twenty-one days. 12. And be it enacted, that all offences against the said articles, or against any rule or byelaw made in pursuance of this act, committed by any subject of the king of the French, or any person serving on board any French fishing. boat or vessel, within the limits within which the general right of fishery is by the said articles exclusively reserved to the subjects of her majesty, may be heard and determined upon the oath of any credible witness or witnesses, or upon the confession of the party accused, by any magistrate or justice of the peace having jurisdiction in the county or place in which or in the waters adjacent to which the offence shall have been committed or to which the offender shall be brought; and the offender, upon conviction, shall pay such penalty not exceeding ten pounds as the magistrate or justice of the peace shall award, or instead of awarding a pecuniary penalty, and also in case of the non the British payment of any pecuniary penalty awarded, it shall be lawful for the magistrate or justice of the peace to order that the vessel to which the offender belongs shall be detained for any period not exceeding three calendar months. 13. And be it enacted, that whenever any subject of the king of the French, Proceedings in or any person serving on board any French fishing boat or vessel, charged with case of offences any transgression against the said convention and articles, shall be brought into by French subany British port pursuant to the sixty-fifth article, in order that the offence jects beyond may be duly established, it shall be lawful for the person by whom such fishery limits. supposed offender shall be so brought, or for any person acting under his authority, to take such supposed offender forthwith before a magistrate or justice of the peace, and all constables and peace officers and others shall be required, if necessary, to give their assistance for that purpose; and it shall be lawful for the magistrate or justice of the peace before whom any such supposed offender shall be brought to inquire by all lawful ways and means into the case; and a copy of the depositions, minutes of proceedings, and all other documents concerning the transgression shall be authenticated under the hand of the collector of customs, and shall be sent by him to the British consular agent residing in the port to which the offender's boat or vessel belongs. 14. And be it enacted, that in all cases where the breach of any of the said Compensation articles, or of any such rules or byelaws, by any of the subjects of the king of for damage. the French, within the limits within which the general right of fishery is by the said articles exclusively reserved to the subjects of her majesty, or by any of her majesty's subjects, whether or not within the said limits, shall have caused any loss or damage to any other party or parties, it shall be lawful for any magistrate or justice of the peace before whom the offence shall be inquired into to take evidence of such loss or damage, and to award compensation to the injured party, and to enforce payment of such compensation, in like manner as the payment of any pecuniary penalty for any offence against the said articles may be enforced. 15. And be it enacted, that whenever any fishing boat, rigging, gear, or any Salvage for other appurtenance of any fishing boat, or any net, buoy, float, or other fishing boats, &c. implement, shall have been found or picked up at sea and brought into a picked up at British port, and shall not be forthwith delivered to the collector of customs, sea. pursuant to the sixty-first article, it shall be lawful for any magistrate or justice of the peace, on application of the said collector, to issue his warrant for delivering of the said articles to such collector, who shall take possession of the same, and deliver the same to the owner thereof or his representative, on payment to him, for behoof of the salvors, of such compensation as the said collector shall award pursuant to the sixty-second article. 16. And be it enacted, that no conviction under this act shall be quashed, set Conviction not aside, or adjudged void or insufficient for want of form only, or liable to be to be quashed removed, by certiorari or otherwise, into her majesty's Court of Queen's Bench, for want of or any other of her majesty's courts of record, but every such conviction shall form. be final to all intents and purposes unless the same shall be reversed on appeal as hereinafter provided: provided always, that no person shall be convicted of any offence committed against the provisions of this act unless the prosecution for the same shall be commenced within three calendar months from the time of the commission of such offence. 17. And be it enacted, that in any case of a summary conviction before any Appeal. magistrate or justice of the peace, any person who shall think himself aggrieved by the conviction may appeal to the court of general or quarter sessions of the peace to be next holden for the county or place wherein the cause of complaint shall have arisen, if such court shall not be holden within twenty-one days next after such conviction, otherwise to the next court but one, provided that such person at the time of the conviction, or within forty eight hours thereafter, shall enter into a recognizance, with two sufficient securities conditioned personally to appear at the said session, to try such appeal, and to abide the further judgment of the court at such session, and to pay such costs as shall be by the lastmentioned court awarded; and it shall be lawful for the magistrate or justice of the peace by whom such conviction shall have been made to bind over the witnesses who shall have been examined in sufficient recognizances to attend and be examined at the hearing of such appeal, and that every such witness, on producing a certificate of his being so bound, under the hand of the said magistrate or justice of the peace, shall be allowed compensation for his time, trouble, and 5 A APPDX. 7 G. 4, c. 64. Meaning of "British port." expenses in attending the appeal, which compensation shall be paid, in the first SCHEDULE to which the foregoing Act refers. REGULATIONS for the guidance of the Fishermen of Great Britain and of France, in the seas lying between the coasts of the two countries; prepared in pursuance of the provisions of the eleventh article of the Convention concluded at Paris on the 2nd of August, 1839, between her Majesty and the King of the French. DECLARATION. The undersigned, her Britannic majesty's principal secretary of state for foreign affairs on the one part, and the ambassador extraordinary of his majesty the king of the French at the court of London on the other part, having examined the annexed regulations for the guidance of the fishermen of Great Britain and of France in the seas lying between the coasts of the two countries, which regulations have been prepared, in pursuance of the provisions of the eleventh article of the convention concluded at Paris on the 2nd of August, 1839, between her Britannic majesty and his majesty the king of the French, by the two commissioners duly authorized to that effect by their said majesties, have, in the name and on the behalf of her majesty the queen of the United Kingdom of Great Britain and Ireland, and of his majesty the king of the French, and by virtue of their respective full powers, approved and confirmed, and do by these presents approve and confirm, the said regulations; reserving to their respective governments, conformably to the terms of the abovementioned article, to propose, if necessary, to the legislatures of both countries the measures which may be required for carrying the said regulations into execution. In witness whereof the undersigned have signed the present declaration, and have affixed thereto the seals of their arms. Done at London, the twenty-third day of June in the year of our Lord one thousand eight hundred and forty-three. The undersigned, namely, On the part of the United Kingdom of Great Britain and Ireland, Anthony Perrier, Esquire, her Britannic majesty's consul for the departments of Finistère, Morbihan, and Côtes du Nord in France; And on the part of the kingdom of France, François Lange, knight of the Royal Order of the Legion of Honour and commissary of marine of the first class; Duly appointed and authorized by their respective governments to act as commissioners for the purpose of preparing a set of regulations for the guidance of the fishermen of the two countries, in the seas lying between the coasts of the United Kingdom and those of the kingdom of France, in conformity with Article XI. of the convention between Great Britain and France, signed at Paris on the 2nd August, 1839: Have agreed upon the following articles, which they submit to their respective governments for approval and confirmation: ARTICLE I.-British and French subjects fishing in the seas lying between the coasts of the United Kingdom of Great Britain and Ireland and those of the kingdom of France shall conform to the following regulations. * See 7 Geo. 4, c. 64, s. 24. ARTICLE II. The limits within which the general right of fishery is exclusively reserved to the subjects of the two kingdoms respectively are fixed (with the exception of those in Granville Bay) at three miles distance from lowwater mark. With respect to bays, the mouths of which do not exceed ten miles in width, the three mile distance is measured from a straight line drawn from headland to headland. ARTICLE III.-The miles mentioned in the present regulations are geographical miles, of which sixty make a degree of latitude. ARTICLE IV.-The fishery limits of Granville Bay, established upon special principles, are defined in the first article of the convention of the second of August one thousand eight hundred and thirty-nine, as follow: The lines drawn between the points designated by the letters A., B., C., D., E., F., G., H., I., K., on the chart annexed to the convention are acknowledged as defining the limits between which and the French shore the oyster fishery shall be reserved exclusively to French subjects; and these lines are as follow; that is to say :- The first line runs from the point A., three miles from low-water mark (point Meinga bearing south), to the point B., of which the land marks are Agon Tower on with the clump of trees upon Mount Huchon, and the summit of Gros Mont in a line with the signal post on Grand Isle. The second line runs from the said point B., towards Agon Tower and the clump of trees upon Mount Huchon in the direction north, sixtyfour degrees east, until at the point C. it brings the windmill of Lingreville to bear due east. The third line runs from point C., due east towards Lingreville windmill until the Grand Huguenant is brought to bear on the Etat rock at point D. The fourth line runs from point D. northward, and keeping the Grand Huguenant in one with the Etat rock, until it intersects at E. a line whose land marks are Agon Tower on with Coustances Cathedral. The fifth line runs eastward from point E. to point F., where the steeple of Pirou is brought to bear in a line with the Senequet rock. The sixth line runs from point F., due north, to point G., where the steeple of Blainville is brought in a line with the Senequet rock. The seventh line runs from point G. (in the direction of Pirou steeple) to point H., where the lighthouse on Cape Carteret bears north, twentyfour degrees west. The eighth line runs from point H. to point I. nearly abreast of Port Bail; point I. having for land marks the fort of Port Bail in a line with the steeple of Port Bail. And finally, the ninth line runs from point I. to the Three Grunes at point K., where Cape Carteret bears east, ten degrees north, in a line with Barneville church. All the bearings specified in the present article are to be taken according to the true meridian, and not according to the magnetic meridian. ARTICLE V.-It is forbidden to British fishermen to set their nets or to fish in any manner whatsoever within the French limits; and it is equally forbidden to French fishermen to set their nets or to fish in any manner whatsoever within the British limits. ARTICLE VI.-All. French fishing boats shall be numbered. There shall be a series of numbers. for the fishing boats belonging to each district of maritime registry in France; and to these numbers shall be prefixed the initial letters of the names of the respective collectorships or districts. ARTICLE VII. Whereas there are in the United Kingdom several collectorships of customs, and in France several districts of maritime registry, the names of which begin with the same letter, in which case the initial letter alone would not suffice; the distinguishing letter or letters for the boats of each collectorship or district shall be designated by the Board of Customs in the United Kingdom, and by the Ministry of Marine in France. ARTICLE VIII.-The letters and numbers shall be placed on each bow of the |