sale of the goods of the offender, by warrant under the hand and seal of such magistrate or justice of the peace.

12. WHO SHALL HAVE COGNIZANCE OF OFFENCES BY FRENCH SUBJECTS WITHIN THE BRITISH FISHERY LIMITS-DETENTION OF VESSEL ON NONPAYMENT OF PENALTY, OR IN LIEU OF PENALTY.-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 nonpayment 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. PROCEEDINGS IN CASE OF ALLEGED OFFENCES BY FRENCH SUBJECTS BEYOND THE BRITISH FISHERY LIMITS.-Whenever any subject of the King of the French, or any person serving on board any French fishing boat or vessel, charged with any transgression against the said Convention and Articles, shall be brought into any British port pursuant to the sixty-fifth Article, in order that the offence may be duly established, it shall be lawful for the person by whom such 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. COMPENSATION FOR DAMAGE. In all cases where the breach of any of the said Articles, or of any such rules or byelaws, by any of the subjects of the King of 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. DELIVERY TO COLLECTOR OF CUSTOMS OF BOATS, &C. PICKED UP AT SEA, AND RESTORATION TO Owner on PAYMENT OF SALVAGE.-Whenever any fishing boat, rigging, gear, or any other appurtenance of any fishing boat, or any net, buoy, float or other fishing implement, shall have been found or picked up at sea and brought into a British port, and shall not be forthwith delivered to the collector of Customs, 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. CONVICTION NOT TO BE QUASHED FOR WANT OF FORM-LIMITATION OF TIME FOR PROSECUTIONS.—No conviction under this Act shall be quashed, set aside, or adjudged void, or insufficient for want of form only, or liable to be removed, by certiorari or otherwise, into her Majesty's Court of Queen's Bench, or any other of her Majesty's courts of record, but every such conviction shall be final to all intents and purposes, unless the same shall be reversed on appeal as herein-after 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. APPEAL TO QUARTER SESSIONS-BINDING OVER OF WITNESSES--EXPENSES OF WITNESSES-7 GEO. 4, c. 64.-In any case of a summary conviction before any 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 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 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 expenses in attending the appeal, which compensation shall be paid in the first instance by the treasurer of the county or borough, in like manner as in cases of misdemeanor, under the provisions of the Criminal Law Act, 1826; and in case the appeal shall be dismissed, and the conviction affirmed, the reasonable expenses of all such witnesses attending as aforesaid to be ascertained by the court, shall be repaid to the treasurer of the county or borough by the appellant.

S. 17 in part rep. 54 & 55 Vict. c. 67 (S.L.R.).

18. MEANING OF "BRITISH VESSEL," &c.-In this Act the words "British vessel" shall be construed to mean every British or Irish fishing vessel or fishing boat, and also every fishing vessel or fishing boat belonging to any of the Islands of Guernsey, Jersey, Sark, Alderney, or Man, or any island thereunto belonging; and the words "British port" shall be construed to mean any port of Great Britain or Ireland, or of any of the said islands.

[S. 19 rep. 54 & 55 Vict. c. 67 (S.L.R.).]

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 above-mentioned 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,—

(L.S.)
(L.S.)

ABERDEEN.
STE. AULAIRE.

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.

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 low-water 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

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, sixty-four 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, twenty-four 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 British and French fishing boats shall be numbered.

There shall be a series of numbers for the fishing boats belonging to each collectorship of Customs in the United Kingdom, and 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 boat, three or four inches (eight or ten centimètres French) below the gunnel, and they shall be painted in white oil colour on a black ground.

For boats of fifteen tons burthen and upwards, the dimensions of these letters and numbers shall be eighteen inches (forty-five centimètres French) in height, and two and a half inches (six centimètres French) in breadth.

For boats of less than fifteen tons burthen, the dimensions shall be ten inches (twenty-five centimètres French) in height, and one and three quarter inch (four centimètres French) in breadth.

The same letters and numbers shall also be painted on each side of the main sail of the boat in black oil colour on white sails, and in white oil colour on tanned or black sails.

These letters and numbers on the sails shall be one third larger in every way than those placed on the bows of the boat.

ARTICLE IX.—In order that the fishing boats of Jersey, Guernsey, and other islands of the same cluster may be distinguished from the fishing boats of the other British islands, their numbers shall precede the initial letter of the name of the island to which such boats may belong.

Each of these islands shall have a separate series of numbers.

ARTICLE X.-All the buoys, barrels, and principal floats of each net, and all other implements of fishery, shall be marked with the same letters and numbers as those of the boats to which they belong.

These letters and numbers shall be large enough to be easily distinguished. The owners of nets or other fishing implements may further distinguish them by any private marks they judge proper.

ARTICLE XI. The letters and numbers of British fishing boats shall be inserted on the licences of these boats, after having been entered in the registry book kept at the collectorship of customs.

The letters and numbers of French fishing boats shall be inserted on the muster rolls of those boats, after being entered in the registry book kept at the maritime registry office.

ARTICLE XII. The licences of British fishing boats and the muster rolls of French fishing boats shall contain the description and tonnage of each boat, as well as the names of its owner and of its master.

ARTICLE XIII. The fishermen of both countries shall, when required, exhibit their licences or muster rolls to the commanders of the fishing cruisers, and to all other persons of either country, appointed to superintend the fisheries.

ARTICLE XIV.-The name of each fishing boat, and that of the port to which she belongs, shall be painted in white oil colour on a black ground on the stern of the said boat, in letters which shall be at least three inches (eight centimètres French) in height and half an inch (twelve millimètres French) in breadth.

ARTICLE XV. It is forbidden to efface, cover, or conceal, in any manner whatsoever the letters, numbers, and names placed on the boats and on their sails.

ARTICLE XVI.-Trawl fishing may be carried on during all seasons in the seas lying between the fishery limits which have been fixed for the two countries.

ARTICLE XVII.-Trawls shall be made with nets, the meshes of which shall be at least one inch and three quarters (forty-five millimètres French) square, from knot to knot, along the line.

ARTICLE XVIII.-The length of the wooden yard or beam to which the upper part of the mouth of each trawl-net shall be fastened shall not exceed thirty-eight feet (eleven mètres five hundred millimètres French).

ARTICLE XIX.-The under part of the trawl-net, to a length of ten feet (three mètres French) from its extremity, may be strengthened by rubbing pieces made of old nets; but these rubbing pieces shall be so fastened that they shall not cross or narrow the meshes of the trawl-net, which must always remain at least one inch and three quarters (forty-five millimètres French), from knot to knot, along the line, open and unobstructed.

ARTICLE XX. The size of the meshes of any supplementary nets which may be added to trawls shall be at least two inches (fifty millimètres French) square, from knot to knot, along the line.

ARTICLE XXI. Such supplementary nets shall be so fitted as not to cross or narrow the meshes of the trawl-net, which must always remain at least one inch and three quarters (forty-five millimètres French) from knot to knot along the line, open and unobstructed.

ARTICLE XXII.-The total weight of the two irons or head-pieces of a trawl shall not exceed two hundred and eighty-seven pounds (one hundred and thirty kilogrammes French).

ARTICLE XXIII.-The total weight of iron chains or leads used for loading the ground rope of a trawl shall not exceed one hundred and ten pounds (fifty kilogrammes French).

ARTICLE XXIV.-Trawl fishing is forbidden in all places where there are boats engaged in herring or mackerel drift-net fishing.

ARTICLE XXV.-Trawl boats shall always keep at a distance of at least three miles from all boats fishing for herrings or mackerel with drift-nets.

ARTICLE XXVI.-Whenever herring or mackerel boats shall commence drift-net fishing in any place whatever, the trawl boats which may be already fishing in such place shall depart therefrom, and shall keep at a distance of at least three miles from the said drift-net herring or mackerel boats.

ARTICLE XXVII.-Herring fishing is free all the year round.

ARTICLE XXVIII.-The meshes of all nets used for herring fishing shall not be less than one inch (twenty-five millimètres French) square, from knot to knot along the line.

ARTICLE XXIX.-Whenever decked herring boats and undecked herring boats shall commence shooting their nets at the same time, the undecked boats shall shoot their nets to windward of the decked boats, except they should prefer going to leeward, to a distance of at least half a mile, to shoot their nets.

ARTICLE XXX.-The decked boats on their part shall shoot their nets to leeward of the undecked boats, unless they prefer going to windward, to a distance of at least half a mile, to shoot their nets.

ARTICLE XXXI.-When decked boats shall arrive on grounds where fishing is already begun by other boats, amongst which shall be undecked boats, the decked boats so arriving shall shoot their nets to leeward of the undecked boats, except they should prefer going to windward to a distance of at least half a mile to shoot their nets.

ARTICLE XXXII.-When undecked boats shall arrive on grounds where fishing is already begun by other boats amongst which shall be decked boats, the undecked boats so arriving shall shoot their nets to windward of the decked boats, except they prefer going to leeward, to a distance of at least half a mile, to shoot their nets.

ARTICLE XXXIII.—If, however, it should happen that the spot where fishing is S.S. R. III. 2

17