PUBLIC RECORD OFFICE
Reference :-
C.O. 885
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC: COPYRIGHT PHOTOGRAPH-NOT TO
22 PUBLIC RECORD OFFICE, LONDON
Offences
ties and
118
other whale products found in his possession, and in addition thereto shall be liable to a penalty not exceeding three hundred pounds for each offence.
VII. Any person who does any of the following acts shall be guilty of an and penal offence against this Ordinance,' and shall be liable on conviction to a penalty not exceeding one hundred pounds for each such offence, and to forfeit any whales, consequent whale-oil, whalebone or any other whale products found in his possession :—
forfeitures
thereon.
Prosecu- ion of Offences.
Venue.
Recovery of penal- Lies.
Service of summons.
Special ex- зmption.
Derelict whales.
! Penalty for
appropriating
1
I
any derelict
•
(a) Takes any whale without a licence under this Ordinance, or contrary to
the terms of, or beyond the limits specified in, such licence. (b) Manufactures whale carcases, or permits or negligently suffers any person in his employment to manufacture whale carcases, without a licence under this Ordinance, or contrary to the terms of, or beyond the limits specified in such licence.
(c) Has in his possession, or in any vessel under his command, any whale-oil, whale-bone or any other whale products for the lawful possession of which he cannot account satisfactorily.
VIII. Offences under this Ordinance, or under any regulation made there- under, may be prosecuted, and penalties and forfeitures under this Ordinance, or any regulations thereunder, may be recovered before the Police Magistrate in a summary manner, or by action in the Supreme Court of the Colony, together with full costs of suit; provided that any penalty imposed by the Magistrate shall not exceed one hundred pounds, exclusive of costs.
IX. For all purposes of and incidental to the trial and punishment of any person accused of any offence under this Ordinance, 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 Con- stable 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.
X. 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 of which the offender is the owner, master or in charge as the case may be and her tackle, apparel, and furniture, and any property on board thereof or belonging thereto, or any part thereof.
XI. 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.
XII. The Governor, and any person duly authorised by him in writing, may 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.
XIII. Notwithstanding anything in this Ordinance contained, the owner or lessee of any land, or the agent of such owner or lessee, may take possession of any derelict 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.
XIV. Any person who appropriates any derelict whale, or any part thereof, in contravention of section 13 of this Ordinance shall be liable to a penalty not
whale with exceeding one hundred pounds.
out authority. Short title.
1912.
XV. This Ordinance may be cited as the "Whale Fishery Ordinance, 1912."
GOD SAVE THE KING!
Given under the Public Seal of the Island of St. Helena this 9th day of April,
By command of His Excellency the Governor.
A. HANDS,
Chief Clerk.
119
SAINT VINCENT.
AN ORDINANCE TO PROVIDE FOR THE LICENSING OF PERSONS ENGAGED IN THE WHALE FISHERIES WITHIN THE LIMITS OF THIS COLONY; AND TO CONSOLidate the LAW ON THAT SUBJECT.
No. 3 OF 1905.
[19th April, 1905.] BE it enacted by the Governor with the advice and consent of the Legislative Council of Saint Vincent as follows:-
Short title."
1. This Ordinance may be cited as "The Whalers Ordinance, 1905."
and "The Whalers Amendment Repeal. 2. "The Whalers Ordinance, 1887" Ordinance, 1897 are hereby repealed. Any regulations made under the authority of the former of the said repealed Ordinances shall remain in full force and effect until rescinded by the Governor in Council.
3. In this Ordinance-
"J
Interpreta-
Whaling Vessel means any ship vessel or boat navigating the sea by sails tion. oars or steam engaged in whale-fishing off the coasts of this Colony. Whale Fishery " means the pursuit and capture of whales and the manu-
facture of oil therefrom.
"Whaler" means the owner the person in command of and all persons acting
or employed in any whaling vessel or whale fishery.
engaged in
4. No person shall act or be employed as a Whaler unless he shall have first Persons obtained a licence for that purpose from the Treasurer who on the application of any whale person approved by the Chief of Police (such approval to be in writing in the form 4 fisheries to in the Schedule hereto) shall unless he see sufficient reason to the contrary grant take out to the applicant a licence in the form B in the said Schedule.
On receiving such licence the applicant shall pay to the Treasurer a fee of one shilling for the same for the public uses.
Every such licence shall continue in force up to and including the thirty-first day of December of the year in which it was granted and no longer.
..
licences.
No person acting or employed in any whaling vessel in respect of which tonnage Saving.
The Tonnage Dues dues for the whaling season in any year have been paid under Ordinance, 1886" or under any Ordinance hereafter to be passed shall be required to take out such licence as aforesaid.
5. Any person acting or employed as a Whaler without having first obtained a ficence as mentioned in the preceding section or so acting or employed after the acting, &c. forfeiture of any licence as hereinafter mentioned shall be guilty of an offence without against this Ordinance.
Punish-
ment for
Governor in
licence.
Regulations.
6. The Governor in Council may from time to time make, and when made, add Council may to alter and rescind Regulations for the government of Whalers Whaling Vessels make, &c.,
Such Regulations when published in the Government Publication. and of Whale Fisheries. Gazette shall have the force of law as if the same were contained in this Ordinance.
Whoever commits a breach of any of such Regulations shall be deemed guilty Penalty. of an offence against this Ordinance.
7. Whoever commits any offence against this Ordinance shall be liable to Fine for pay a Fine not exceeding Ten Pounds.
offences.
may suspend
8. In lieu of imposing any fine under this Ordinance or in addition thereto Magistrate the Magistrate may adjudge the licence of any person holding a licence to be or forfeit suspended or forfeited.
licence.
9.
In default of payment of any fine the Magistrate may order that the person Imprison- making default shall be imprisoned with or without hard labour for any term not exceeding the period specified in the following scale :--
ment on
non-pay-
ment of
When the fine exceeds Two Pounds but does not exceed Five Pounds for any
When the fine does not exceed Two Pounds for any term not exceeding fines.
fourteen days.
term not exceeding one calendar month.
When the fine exceeds Five Pounds but does not exceed Ten Pounds for any
term not exceeding two calendar months.
And any such imprisonment shall be determined upon payment of the fine adjudged to be paid.