PUBLIC RECORD OFFICE
Į l l l l l l l l l l l
Reference :-
C.O. 885
22 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO,
Recovery
of penal- tied.
Service of summons.
Special ex- emption.
Derelict whales.
Penalty for appropriating any derelict whale with-
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9. Any penalty adjudged under this Ordinance to be paid by the owner or master, or other person in charge of a vessel, may be recovered in the ordinary way, or, if the Court think fit so to order, by distress or arrest and sale of the vessel to which the offender belongs, and her tackle, apparel, and furniture, and any property on board thereof or belonging thereto, or any part thereof.
10. Service of any summons or other matter in any legal proceedings under this Ordinance shall be good service if made personally on the person to be served, or at his last place of abode, or if made by leaving such summons or other matter for him on board any vessel to which he may belong, with the person being or appearing to be in command or charge of such vessel.
11. The Governor, and any person duly authorised by him in writing, may kill or take for a scientific or any other special purpose any whale, and in so doing shall be exempt from any penalties and forfeiture under this Ordinance.
12. Notwithstanding anything in this Ordinance contained, the owner or lessee derelict any of any land, or the agent of such owner or lessee, may take possession of whale found on such land, or on the coast or shore adjacent thereto, but such whale, or any part thereof, may not be appropriated by such owner or lessee, or agent, as aforesaid, except with the permission of, and on such special terms and conditions in respect of royalty and otherwise as may be approved by, the Governor in Council.
13. Any person who appropriates any derelict whale, or any part thereof, in contravention of section 12 of this Ordinance shall be liable to a penalty not exceeding out authority one hundred pounds. Repeal.
Short title.
New sub- sections.
Power to
grant
Floating
Factory
Licences.
Offences.
Short title.
Reprints.
Date of
commence-
ment.
14. The Whale Fishery Ordinance, 1906, is hereby repealed.
15. This Ordinance may be cited as the Whale Fishery Ordinance, 1908. Passed the Legislative Council this 6th day of August, 1908.
Assented to by the Governor and given under the Public Seal of the Colony this 8th day of August, 1908.
AN ORDINANCE TO AMEND
"
M. CRAIGIE-HALKETT,
Clerk of the Council.
THE WHALE FISHERY ORDINANCE, 1908."
No. 5, 1912.
BE IT ENACTED by the Governor of the Colony of the Falkland Islands, with the advice and consent of the Legislative Council thereof, as follows:—
1. Section 2 of the Whale Fishery Ordinance, 1908, hereinafter called the principal Ordinance, is hereby amended by inserting therein the following subsection after subsection (2):
(3) The Colonial Secretary or such other officer as the Governor may appoint for the purpose, may grant Floating Factory Licences, that is to say, licences to flench, render, boil down, treat or manufacture whale car- casses or any part thereof by means of a floating factory, on such terms and conditions, and on payment of a fee of not less than £100 and not more than £200, as the Governor in Council may approve.
2. Section 6 of the principal Ordinance is hereby amended by inserting therein the following subsections:
(c) Employs any vessel or floating factory for the purpose of flenching, render- ing, boiling down, treating or manufacturing the blubber or any part of the carcass of any whale in Colonial waters unless he shall have been expressly authorised to do so by a licence under this Ordinance or by the lease of a site on land for whaling purposes.
(d) Employs any vessel for the purpose of towing the body of any whale in
Colonial waters unless he shall have been expressly authorised by. licence or otherwise to do so.
3. This Ordinance may be cited as the Whale Fishery Amendment Ordinance, 1912, and shall be read and construed as one with the principal Ordinance and any copy of the principal Ordinance printed after the commencement of this Ordinance
be printed with the amendments made by this Ordinance.
may
4. This Ordinance shall come into operation on the first day of October, 1912.
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Passed the Legislative Council this 7th day of June, 1912. Assented to by the Governor and given under the Public Seal of the Colony this 8th day of June, 1912.
LEWIS H. Boileau,
Acting Clerk of the Council.
WHALING REGULATIONS.
"Whale Fishery
In pursuance of the powers in him vested by Section 3 of the Ordinance, 1908," His Excellency the Governor, by and with the advice of the Executive Council, is pleased to make the following Regulations:
1. The period for which Whaling Licences may be issued shall commence on the 1st October of each year and terminate on the 30th September of the succeeding year.
2. Licences will be issued in the name of the Company applying for them and are not transferable. A licensed vessel is prohibited from catching whales for a company other than that mentioned in the licence. Should the owner or master of a licensed vessel desire from any cause whatsoever to catch whales for a company other than that indicated in the licence, the permission of the Governor in Council must be first obtained.
3. Every licensed vessel shall be either owned or bonâ fide chartered by the licensee.
4.
A licence shall authorize the use of either :
(a) two floating factories in conjunction with two whale catchers; or (b) a third whale catcher.
E. Every application for a licence should be made in writing to the Colonial Secretary so as to reach the Colonial Secretary's Office, Falkland Islands, not later than the 1st April in each year; and should state the name of the Company to whom the licence is to be issued and the names of the vessels to be used.
6. No licence authorizing the use of a third whale catcher shall be issued without the sanction of the Governor in Council.
7. The fee payable for a licence authorizing the use of two floating factories and two whale catchers shall be £200, and for a licence authorizing the use of a third whale catcher, £100.
8. If permission to use not more than two whale catchers, whether in con- junction with a second floating factory or not, is applied for, the vessel or vessels of the applicant shall be required to carry in all not less than nine (9) pressure boilers, cach 10 feet long by 7 feet diameter, or of equivalent cubic capacity, for dealing with the residue of the carcass after the blubber has been removed.
9. If application is made for permission to use a third whale catcher, the plant of the applicant shall have to include not less than twelve (12) pressure boilers of the capacity defined in the preceding Regulation.
10. Every licence authorising the use of two floating factories in the territorial waters of the South Shetlands and Graham's Land shall be issued subject to the special condition that permission to use the territorial waters of Deception Island will be withdrawn if, at any time during the life of the Hektor Whaling Company's lease of land in Deception Island, it is shown to the satisfaction of the Governor that the operation of the second floating factory seriously impedes the Hektor Whaling Company in fulfilling the conditions of their lease.
11. On and after the 1st October, 1914, separate Licences shall be issued for :-
(a) The South Shetlands and Graham's Land,
(b) The South Orkneys,
(c) The Falkland Islands,
(d) The Sandwich Islands,
but no further licence or lease for whaling purposes shall be issued, with the exception
of renewals of existing annual licences for two floating factories and two whale catchers or for a third whale catcher, without the permission of the Governor in Council.
12. Each application for a Licence shall be registered when received in a register to be termed the Whaling Licence Register.
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