26
Use of
Canadian
ports for equipping Bealing
ships con- trary to British
Acts pro- hibited.
Minister of Customs may seize
and detain ship.
Adjudica-
tion by Exchequer Court.
As to
liability of officer seizing.
" Equip- ping" defined.
Impor. tation pro-
hibited of skins of certain
seals.
Seizure and forfeiture.
THE HONGKONG GOVERNMENT GAZETTE, JANUARY 30, 1914.
Enclosure 3 in Circular Despatch dated 16th December, 1913.
CANADA.
3-4 GEORGE V.
CHAP. 48.
An Act respecting Pelagic Sealing.
[Assented to 6th June, 1913.]
HIS Majesty, by and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follows :-
1. If any person uses any port within Canada for the purpose of equipping any ship intended to be used or employed in killing, taking or hunting seals in contravention of any order made by His Majesty The King in Council under the provisions of the Acts passed by the Parliament of the United Kingdom of Great Britain and Ireland, known and cited as the "Seal Fisheries (North Pacific) Acts," 1895 and 1912, he shall be guilty of an offence and liable on indictment to a fine or to two years' imprisonment, or on summary conviction to imprisonment for a term not exceeding six months with or without hard labour or to a fine not exceeding five hundred dollars, and the ship and her equipment and everything on board thereof shall be liable to forfeiture to His Majesty.
2. If the Minister of Customs is satisfied that there is reasonable cause for believing that a ship has been or is being equipped contrary to this section, the Minister of Customs may authorise the seizure and detention of the ship. Where such an authority is given, any commissioned officer of His Majesty's Navy, or any officer of the Customs or of the Fisheries Protection Service or person em- ployed as such or any stipendiary magistrate on board of any cruiser or vessel belonging to or in the service of the Government of Canada and employed in the services of protecting the customs or fisheries may seize and detain the ship and bring her for adjudication before the Exchequer Court of Canada on its Admiralty side or before any superior court in the province in or near which the ship was seized, and the court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited to His Majesty and make such order in the case as to the court seems just and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the court may see fit. Any such officer as in this subsection mentioned shall not be responsible either civilly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture if it is shown to the satisfaction of the court before which any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure and detention, but if no such grounds are shown the court may award costs and damages to any party aggrieved and make such other order in the premises as the court thinks just.
3. For the purpose of this Act, "equipping" in relation to a ship shall include the furnishing of a ship with any tackle, apparel, furniture, provisions, munitions, fuel or stores or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea or for killing, taking or hunting seals.
2. The importation into Canada is prohibited of skins of seals taken in con- travention of any such order as aforesaid and skins of seals identified as being of the species known as Callorhinus alascanus, Callorhinus ursinus and Callorhinus kurilensis, and belonging to the American, Russian and Japanese herds, except such as are taken under the authority of the respective Powers to which the breed- ing grounds of such herds belong and have been officially marked and certified as having been so taken, and any such skins if imported into Canada shall thereby become forfeited to His Majesty and may be seized by any customs or fish officer and shall be destroyed or otherwise dealt with as the Minister of Custo
directs.
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