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Office o/Diviaion of Bevenue Cutter Service. /s:i, 3Z2. 53Ur ACTS OF COVOBESS, PRESIDENT'S PBOCIAMATIOVS, ACTS OF FABUAMENT, OBDEBS IN COUNCIL, AND OTHEB MATTEBS PEBTAININO TO THE FUB-SEAL FISHEBIES IN BEBINO SEA. BXVI8ED STATUTES OF THE UlTITED STATES, SBOTKHI 18M. Ko person shall kill any otter, mink, marten, sable, or fiir seal, or other for- bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall, for eaoh offense, be fined not less than two hundred nor more than one thousand dollars, or imprisoned not more than six months, or both ; and all vessels, their taekle, apparel, furniture and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur bearing animal, except fur seals, under such regulation as he may prescribe; and it shall be the duty of the Secretary to prevent the kill- ing of any fur seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law; nor shall he grant any special privileges under this section. ACT OF MABCH 2, 1880 (STATS. AT LABOB. 701, S5. F, 1009). Chapter 415 — ^An aot (o provide for the protection of the salmon iisheriea of Alaska. Be it enacted, etc., That the erection of dams, barricades, or other obstructions in any of the rivers of Alaska, with the purpose or result of preventing or impeding the ascent of salmon or other anadromous 8i)ecies to their spawning grounds, is hereby declared to be unlawful, and the Secretary of the Treasury is hereby authorized and directed to establish such regulations and surveillance as may be necessary to insure that this prohibition is strictly enforced, and to otherwise protect the salmon fisheries of Alaska. And every person who shall be found guilty of a violation of the provisions of this section shall be fined not less than two hundred and fifty dollars for each day of the continuance of such obstruction. Sec. 2. That the Commissioner of Fish and Fisheries is hereby empowered mid directed to institute an investig tOn into the habits, abundance, and distribution of the salmon of A ^ka, as well as the present conditions and methods of the fisheries, with a view of recom- mending to Congress such additional legiidation as may be necessary to prevent the impairment or exhaustion of these valuable fisheries and placing them under regular and permanent conditions of produotiou. 8 4 FUR-SEAL FISHERIES IN B2BINa SEA. Sbc. 3. That section nineteen handred and fifty-six of the Revised Statutes of the United States is hereby declared to inchide and apply to all the dominion of the United States in the waters of Behring Sea. And it shall be the duty of the President, at a timely season in each year, to issue his proclamation, and cause the same to be published for one month in at least one newspaper, if ary such there be, published at each United States port of entry on the Pacific Coast, warning all per- sons against entering said waters for the purpose of violating the pro- visions of said section; and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all per- sons c«ad seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein. Approved March 2, 1889. xodvs vivendi bbsfxctinq the fue4dbal nbrbbiss in b2hbin(} 8xa. By the President of the United States of America, A PSOOLAMATION. Whereas an agreement for a modus vivendi between the Government of the United States and the Government of Her Britannic M{^esty in relation to the fur-seal fisheries in Behring Sea was concluded on the fifteenth day of June, in the year of our Lord one thousand eight hun- dred and ninety-one, word for word as follows: AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE GOVERNMENT OF HER BRITANNIC MAJESTY FOB A MODUS VIVENDI IN RELATION TO THE FUR-SEAL FISHERIES IN BEHRING SEA. For the purpose of avoiding irritating differences and with a view to promote the friendly settlement of the questions pending between the two Governments touching their respective rights in Behring Sea, and for the preservation of the seal species, the following agreement is made without prejudice to the rights or claims of either party. (1) Her Mt^esty's Government will prohibit until May next seal killing in that part of Behring Sea lying eastward of the line of demarcation described in article No. 1 of the treaty of 1867 between the United States and Russia, and will promptly use its best efibrts to ensure the observance of this prohibition by British subjects and vessels. (2) The United States Government will prohibit seal killing for the same period in the same part of Behring Sea and on the shores and islands thereof, tho property of the United States (in excess of 7,500 to be taken on the islands for the subsistence and care of the natives), and will promptly use its best efforts to ensure the observance of this prohibition by United States citizens and vessels. FUR-SEAL FISHERIES IN BERING SEA. (3) Every vessel or person offending against this prohibition in the said waters of Behring Sea outside of the ordinary territorial limits of the United States may be seized and detained by the naval or other duly commissioned officers of either of the High Contracting Parties, but they shall be handed over as soon as practicable to the authorities of the nation to which they respectively belong, who sliall alone have jurisdiction to try the oil'ense and impose the penalties for the same. The witnesses and proofs necessary to establish the offense shall also be sent with them. (4) In order to facilitate such proper inquiries as Her Majesty's Oov- erment may desire to make, with a view to the presentation of the case of that Government before arbitrators and in exj)ectation that an agreement for arbitration may be arrived at, it is agreed that suitable persons designated by Great Britian will be permitted at any time, upon application, to visit or to remain upon the seal islands during the present sealing season for that purpose. Signed and sealed in duplicate at Washington this fifteenth day of June, 1891, on behalf of their respective Governments, by William F. Wharton, Acting Secretary of State of the United States, and Sir Julian Pauncefote, G. 0. M. G., K. 0. B., H. B. M., envoy extraordinary and minister plenipotentiary. (Signed) William F. Wharton, [seal.] (Signed) Julian Pauncefote. [seal.] Now, therefore, be it known that I, Benjamin Harrison, Pret luent of the United States of America, have caused the said agreement to be made public, to the end that the same and every part thereof may be observed and fulfilled with good faith by the United States of America and the citizens thereof. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this fifteenth day of June, in the year of our Lord one thousand eiglit hundred and ninety-one [SEAL.] and of the Independence of the United States the one hundred and fifteenth. (Signed) ' Benj. Harrison. By the President: (Signed) William F. Wharton, Acting Secretary of State. A oommmoir jimwim thb oovsuni£im or the virrrED atatkb and her BBRAimO MAJXtTT, SU i m TT J UlO TO ABBITRATIOH TKI aVBSnONI WHICH HAVE ABHEH BE T WKJU I THOSE OOVEENIISim COHOESinirO THE JUBISDIO- nOVAL BIGRIS Of THB UHIIED STATES DT THE WATERS OF BEHBIHO SEA. Signed at Washington February 29^ 1892. Batiflcation advised by the Senate March 29, 1892. Ratified by the President April 22, 1892. Batifications exchanged May 7, 1892. Proclaimed May 9, 1892. BT thb PbBSIDBMT of thb UNITBD STAT13S OF AhEBIOA. A PROCLAMATION. Whereas a Convention between the United States of America and Oreat Britain providing for an amicable settlement of the questions which have arisen between those Governments concerning the jurisdic- tional rights of the United States in the waters of the Beliring Sea, and concerning also the preservation of the fur-seal in, or habitually resort- ing to, the said Sea, and the rights of the citizens and subjects of either country as regards the taking of fur-seal in, or habitually resorting to, the said waters, was signed by their respective Plenipotentiaries at the City of Washington, on the twenty-ninth day of February, one thou- sand eight hundred and ninety-two, the original of which Convention, being in the English language and as amended by the Senate of the United States, is word for word as follows : The United States of America and Her Majesty the Qaeen of the United Kingdom of Oreat Britain and Ireland, being desirous to provide for an amicable settlement of the questions which have arisen between their respective governments concern- ing the Jurisdictional rights of, the United States in the waters of Behring's 8ea, and concerning also the preservation of the fur-senl in, or habitually resorting to, the said Sea, and the rights of the citizens and subjects of either country as regnrds the taking of fur-seal in, or habitually resorting to, the said waters, have resolved to submit to arbitration the questions involved, and to the end of concluding a convention for that purpose have appointed as their respective Plenipotentiaries : The President of the United States of America, James O. Blnine, Secretary ot State of th6 United States; and Her Majesty the Queen of the United Kingdom of Great Britnin and Ireh\ud, Sir Julian Paunnefote, O. C. M. O., K. C. B., Her Mi^esty's Envoy Extraordinary and Minister Plenipotentiary to the United States ; Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed to and concluded the follow- ing articles. rUR-SEAL FISHEBIB8 IN BEBINQ SEA. ARTICT.B I. The qoMtiona whioh h«Te ariten between the Oovernment of the United 8t«te« and the Government of Her Britannic Majesty concerning the Juriadiotional rights of the United States in the ■w-ten of Behring'e Sea, and concerning alao the preser- vation of the ftir-seal in, or habitually resorting to, the said Sea, and the rights of the citizens and subjects of either country as regards the taking of fnr-seal in, or habitnally resorting to, the said waters, shall be submitted to a tribunal of Arbitra- tion, to be composed of seven Arbitrators, who shall be appointed in the following manner; that is to say: Two shall be named by the President ot the United States; two shall be named by Her Britannic Mi^esty; His Excellency the President of the French Republic shall be jo.atly requested by the High Contracting Parties to name one ; His Mi^esty the King of Italy shall be so requested to name one ; and His Majesty the King of Sweden and Norway shall be so requested to name one. The seven Arbi- trators to be so named shall be Jurists of distinguished reputation in their respective countries; and tlie selecting Powers sl><»ll be requested to choose, if possible. Jurists who are acquainted with the English language. In case of the death, absence or incapacity to serve of any or either of the said Arbitrators, or in the event of any or either of the said Arbitrators omitting or declin- ing or ceasing to aot as such, the President of the United States, or Her Britannic Majesty, or His Excellency the President of ttie French Republic, or His Majesty the King of Italy, or His Majesty tne King of Sweden and Norway, as the case may be, shall name, or shall be requested to name forthwith another person to act as Arbi- trator in the place and stead of the Arbitrator originally namtd by such head of a State. And in the event of the refusal or omission for two months after receipt of the joint request from the High Contracting Parties of His Excellency the President of the French Republic, or His Majesty the King of Italy, or His Majesty vhe King of Sweden and Norway, to name an Arbitrator, either to fill the original appointment or to fill a vacancy as above provided, then in such case the appointment shall be made or the vacancy shall be tilled in such manner as the High Contracting Parties shall agree. Artiolb II. The Arbitrators shall meet at Paris within twenty days after the delive.'y of the counter cases mentioned in Article IV, and shall proceed impartially and ci'>Tex\il]y to examine and decide the questions that have been or shall be laid before them as herein provided on the part of the Oovernments of the United States and Her Britannic Majesty respectively. All questions considered by the tribunal, including the final decision, shall be determined by a majority of all the Arbitrators. Each of the High Contracting Parties shall also name one person to attend the tribunal as its Agent to represent it generally in all matters connected with the arbitration. Article III. The printed case of each of the two parties, accompanied by the documents, the official correspondence, and other evidence on whioh each relies, shall be delivered in duplicate to each of the Arbitrators and to tlie Agent of the other party as soon as may be after the appointment of the members of the tribunal, but within a period not exceedicg four months from the date of the exchange of the ratifications of this treaty. Articlb IV. Within three months after the delivery on both sides of the printed case, either party may,- in like manner deliver in duplicate to each of the said Arbitrators, and to the Agent of the other party, a counter case, and additional documents, corre- spondence, and evid>)nce, in reply to the case, documents, correspondence, and evi- dence so presented by the other party. FUR-SEAL FISHERIER IN BERING SEA. If, however, in ootiHeqnenoe of the diatanoe of the place f^om which the evidence to be presented ia to be procured, either party ahali, within thirty daya after the receipt by ita agent of the case of the other party, give notice to the other party tliat it requireii additional time for the delivery of such counter caae, docnmenta, rorrc- apoudenoo and evidence, auoh additional time ao indicated, bat not exceeding aixty days beyond the three montha in this Article provided, ahall be allowed. If in the oaae submitted to the Arbitrators either pnrt>y shall have specified or alluded tu any report or doonniont in its own excluaivb possession, without annex- ing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a coj'y tlioreof; and either party may call upon the otiier, through the Arbitrators, to priduce the originals or certified copies of any papers adduced as evidence, giving in each instance notice thereof within thirty days after delivery of the caae ; and the original or copy ao requested shall be delivered us soon as may be and wichiii s period not exceeding forty days after receipt of notice. Articlb V. It shall be the duty of the Agenv of each party, within one month after the expu a* tion of the time limited for the delivery of the counter case on both sides, to deliver in duplicate to each of the said Arbitrators and to the Agent of the other party » printed argument showing the points and referring to the evidence upon which his Government relies, and either party may also support the same before the Arbi- trators by oral argument of counsel; and the Arbitrators may, if they desire further elucidation with regard to any point, require a written or printed statement or argu- ment, or oral argument by counsel, upon it; bnt in such case the other party shall be entitled to reply either orally or in writing, as the case may be. Article VI. In deciding the matters submitted to the Arbitrators, it is agreed that the follow- ing five points shall be submitted to them, in order that their award ahall embrace a diatinct decision upon each of said five points, to wit : 1. What exclusive jurisdiction in the sea now known as the Behring's Sea, and what exclusive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the cession of Alaska to the United States f 2. How far were these claims of jurisdiction as to the seal fisheries recognized and conceded by Great Britain t 3. Was the body of water now known as the Behring's Sea included in the phrase " Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia; and what rights, if any, in the Behring's Sea were held and exclusively exerciaed by Ruaaia after said Treaty t 4. Did not all the rights of Russia as to jurisdiction, and as to the seal fisheries in Behring's Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th March, 1867, pass unimpaired to the United States under that Treaty! 5. Has the United States any right, and if so, what right of protection or property in the fur-seals frequenting the islands of the United States in the Behring Sea when such seals are found outside the ordinary three-mile limit f Articlb VII. If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper pro- tection and preservation of the fur-seal in, or habitually resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Regulations outside the jarisdiotional limits of the respeotive Governments are necessary, and over what waters gaeh Regulations should extend, and to aid them in that determination the FirR-SEAL FISHERIES IN BERINO SEA. report of a Joint Comnilasion to be appointe '^r, or by its citizunn, in connection with the claima prcaouted and urged by it; ai 'i, '>otng aolicitoua that thia aultordiniite quoation should not inlorrnpt or longer di^ay the aubniiasion and ('eturminatlon of the main queationa, do agree that ei*'' >t may aubmit to the Arbitrators any qneation of fact involved iu aaid claim an ak for a tindiiig thereon, the question of the liability of either Government upon the f ots i'uund to be the subject of further negotiation. AhTIOLK IX. The High Contracting Parties having agri c-d to appoint two Commissionera on the part of each Government to make the joint investigation and report contemplated in the preceding Article VII, and to include the terma of the ^aid Agreement in tlie preaent Convention, to the end that the joint atd several reports und recommenda- tions of said Commissioners may be in due form submitted to tlie Arbitrators sliould the contingency therefor arise, the aaid Agreement ia accordingly herein included as followa: Each Qovernment shall appoint two Commissioners to investigate conjointly with the Commissioners of the other Government all the facts having relation to seal life in Behring's Sea, and the meaaurea necessary for its proper protection and preaervation. The fonr Commissioners ahall, ao far as they may be able to agree, make a joint report to each of the two Governments, and they ahall also report, either jointly or severally, to each Government on any points upon which they may be nnable to agree. These reports ahall not be made public until they ahall be snbmittted to tliu Arbi- tratora, or it shall appear that the contingency of their being used by the Arbitratora can not arise. Articlk X. Each Government ahall pay the expenses of its members of the Joint Commission in the inveatigntion referred to in the preceding Article. Articlk XI. The decision of the tribunal shnli, if possible, be made within three montha ftom the close of the argument on both aides. It shall be made in writing and dated, and shall be signed by the Arbitrators who may assent to it. The decision ahall be in duplicate, one copy whereof shall be delivered to the Agent of the United States for bis Government, and the other copy ahall be deliv- ered to the Agent of Great Britain for hia Government. Article XII. Each Government ahall pay its own Agent and provide for the proper remunera- tion of the counsel employed by it and of the Arbitratora appointed by it, and for the expenae of preparing and anbmitting ita case to the tribunal. All other expenaea connected with the Arbitration ahall be defrayed by the two Governments in equal moietie*. to rUB-SEAL FISHERIES IN BEBINO SEA. Abticlk XIII. The Arbitrators shall keep an accurate record of their prooeedings and may appoint and employ the necessary officers to assist them. Article XIV. The High Contracting Parties engage to consider tht^ result; of the proceedings of the tribunal of arbitration, as a full, perfect, and final settlement of all the ques- tions referred to the Arbitrators. Abtiolb XY. The present treaty shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Itritannio Majesty ; and the ratification shall be exchanged either at Washington or ht London withiu nix months from the date hereof, or earlier if possible. In faith whereoi, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals. Done in duplicate at Washington the twenty-ninth day of February, one thousand eight hundred and ninety-two. Jambs O. Blainb [sbal.] Jhlian Pauncbfotb [sbal.] And whereas the said Oonvention has been duly ratified on both parts, and the ratifications of the dwo Governments were exchanged in the Gity of Loadon, on the seventh day of May, one thousand, eight hundred and ninety-two; Now, theretore, be it known that I, BeAJamin Harrison, President of the United States of America, have caused the said Gonvention to be made public, as amended, to the end that the same, and every article and clause thereof, may be observed and ftilfllled with good faith by the United States and the citizens thereof. In wituess whereof, I have hereunto set my hand and caused the seal of the United States to be afftxed. Done at the City of Washington, this ninth day of May in the year of our Lord one thousand, eight hundred and ninety-two, [seal.] aud of the Independence of the United States the one hun- dred and sixteenth. Benj. Habbison. By the President : James G. Blaine, Secretary of State, •nd may eedlBgs of 1 the quM- 1 States of id by Her biDgton or treaty and ) thousand [8BAL.] [8BAL.] on both ^changed Dd, eight ssideut of ion to be •y article faith by used the the year lety-two, one hun- BISON. COAVKHTION BETWEEN THE aOVERNlIENTS OF THE UVITED STATES AND HEB BBITAHNIC MAJESTY— BENBWAL OF THE EZI8TIV0 MODUS VIVENDI IN BEHBINOSEA. Signed at Waahingtorij April 18, 1892. Eiitijication advised by the Senate April 19, 1892. Ratified by the President April 23, 1892. Ratifications exchanged May 7, 1892. Proclaimed May 9, 1892. By the President of the United States of America. A PROCLAMATION. Whereas a Convention between the United States of America and Great Britain for the renewal of the existing modus vivendi in Bebring's Sea was signed by their respective Plenipotentiaries at the City of Washington, on the eigliteenth day of April, one thousand eight hun- dred and ninety-two, the original of which Convention, being in the English language, is word for word as follows: CONVKNTION HETWKEN THE ITNITED STATES OF AMERICA AND GREAT BRITAIN FOR THE IIKNEWAL OF THE EXISTING "MODUS VIVENDI" IN UEHRING'S SEA, Whereas by a Convention conchuled between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, on the twenty-ninth day of Februarj', one thousand eight hundred and ninety-two, the Higii Contracting Parties have agreed to submit to Akbitration, as therein stated, the questions which have arisen between them concerning the jurisdictional rights of the United States in the waters of Bebring's Sea and concerning also the preservation of the fur-seal in, or habitually resorting to, the said sea, and the rights of the citizens and subjects of either country as regards the taking of the fur-seal in, or habitu- ally resorting to, the said waters ; and whereas the High Contracting Parties, hav- ing differed as to what restrictive Regulations for seal-hunting are necessary, during the pendency of such Arbitratioc, have agreed to adjust snob difference in manner hereinafter mentioned, and without prejudice to the riglits of either party: The said High Contracting Parties have appointed as their Plenipotentiaries to conclude a Convention for this purpose, that is to say : The President of the United States of America, James G. Blaine, Secretary of State of the United States; And Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Sir Julian Pauncefote, Knight Grand Crose of the Most Distinguished Order of Saint Michael and Saint George, Knight Commander of the Most Honorable Order of Bath, and Envoy Extraordinary and Minister Plenipotentiary of Her Britannic Msijesty to the United States; Who, after having communicated to each other their respective ful' powers, found in due and good form, have agreed upon and concluded the following Articles : Article I. Her Majesty's Government will prohibit, during the pendency of the Arbitration, •eal killing in that part of Behring Sea lying eastward of the line of demarcation 11 12 FUR-SEAL FISHERIES IN BERING SEA. described in Article No. I of the Treaty of 1867 between the United States nnd Rus- sia, and will promptly URe its best efforts to ensure the observance of this prohibition by British subjects and vessels. Artiolk II. The United States Government will prohibit seal-killing for the same period in the same part of Behring's Sea, and on the shores and islands thereof, the property of tho United States (in excess of seven thousand live hundred to be talien on the islands for the subsistance of the natives), and will promptly use its best efforts to ensure the observance of this prohibition by United States citizens and vessels. Article III. Every vessel or person offending against this prohibition in the said waters of Behring Sea outside of the ordinary territorial limits of the United States, may be seized and detained by the naval or other duly commissioned officers of either of the High Contracting Parties, but they shall be handed over as soon as practicable to the authorities of the Nation to which they respectively belong, who alone shall have jurisdiction to try the offence and impose the penalties for the same. The witnesses and proof necessary to establish the offence shall also be sent with them. Article IV. In order to facilitate such proper inquiries as Her Majesty's Government may desire to make with a view to the presentation of the case and arguments of that Government before the Arbitrators, it is agreed that suitable persons designated by Great Britain will be permitted at any time, upon application, to visit or remain upon the Seal Islands during the sealing season for that purpose. Article V. If the result of the Arbitration be to affirm the right of British Scalers to take seals in Behring Sea within the bounds claimed by the United States, under its purchase from Russia, then compensation shall be made by tho United States to Great Britain (for the use of her subjects) for abstaining from the exercise of that right during tho pendency of the Arbitration upon the basis of such a regulated and limited catch or catches as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal-herds; and, on the other hand, if the result of the Arbitration shall be to deny the right of British sealers to take seals within the said wafers, then compensation shall be made by Great Britain to the United States (for itself, its citizens and lessees) for this agreement to limit the island catch to seven thousand five hundred a season, upon the basis of the difference between this num- ber and such larger catch as in the opinion of the Arbitrators might have been taken without an undue diminution of the seal-herds. The amount awarded, if any, in either case shall be such as under all the circum- stances is just and equitable, and shall be promptly paid. Article VI. This Convention may be denounced by either of the High Contracting Parties at any time after the thirty-first day of October, one thousand eight hundred and ninety-three, on giving to the other Party two months notice of its termination; and at the expiration of such notice the Convention shall cease to be in force. Article VII. The present Convention shall be duly ratified by the President of the United State*, by and with the advice and consent of the Senate thereof, and by Her «s and Rns- probibition le period in he property iken on tbe ^st efforts to voBsels. d waters of ites, may be of either of practicable > alone shall same. The with them. mment may ents of that signated by t or remain to take seals its pnrcbnse reat Britain ight daring and limited ken without •esnlt of the .bin tbe said 1 States (for tell to seven in this nnni- e been taken the circum- g Parties at inndred and bormination ; force. FUB-8EAL FISHERIES IN BEilTNO SEA. 18 Britannic Majesty; and the ratifications shall be exchanged either at Washington or at London as early as possible. In faith whereof, we, the respective Plenipotentiaries have signed this Conven- tion and have hereunto affixed onr Seals. Done in duplicate at Washington, this eighteenth day of April, one thousand eight hundred ^ud ninety-two. James G. Blainb [seal.] Julian Pauncbfotb. [seal.] And whereas the said Oonvention has been duly ratified on both parts, and the ratifications of the two GovernmeDts were exchanged in the City of London, on the seventh day of May, one thousand eight hundred and ninety-two; Now, therefore, be it known that I, Benjamin Harbison, President of the United States of America, have caused the said Convention to be made public, to the end that the same, and every article and clause thereof, may be observed in good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be aflBxed. Done at the City of Washington, this ninth day of May, in the year of our Lord one thousand, eight hundred and ninety-two, and [SEAL.] of the Independence of the United States the one hundred and sixteenth. Benj. Harbison By the President: James Q. Blaine Secretary of State. ' the United and by Her ACT OF FEBBVABT 21, 1898 (STATS. AT I^BGE, TOL. 27, P. 472). Chapter 150. — ^An act to extend to the North Pacific Ocean the provisions of the statutes for the protection of the fur seals and other fur-bearing animals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the Govern- ment of the United States shall conclude an effective international arrangement for the protection of fur seals in the North Pacific Ocean by agret^ment with any power or as a result of the decision of the tribunal of arb'^^ration under the convention concluded between the United States and Great Britain February twenty-ninth, eighteen hundred and ninety- two, and so long as such arrangement shall continue the provisions of section nineteen hundred and fifty-six of the Revised St.v^utes, and all other provisions of the statutes of the United State' so far as the same may be applicable, relative to the protection of ur seals and other fur-bearing animals within the limits of Alaska oi in the waters thereof, shall be extended to and over all that portion of the Pacific Ocean included in such international arrangement. Whenever an effective international arrangement is concluded as aforesaid, it shall be the duty of the President to declar.d that fact by proclamation, and to designate the portion of the Pacidc Ocean to which it is applicable, and that this act has become operative; and likewise w)»pn such arrangement ceases to declare that fact and that this act has oecome inoperative, and his proclamation with respect thereto shall be conclu- sive. During the extension as aforesaid of said laws for the protection of fiir seals and other fur-bearing animals all violations thereof in said designated portion of the Pacific Ocean shall be held to be the same as if committed within the limits of Alaska or in the waters thereof, but they may be prosecuted either in the district court of Alaska or in any district court of the United States in California, Oregon, or Washington. Approved February 21, 1893. 14 472). ovisiona of the ; animals. of the United the Govern- iuternational iflc Ocean by ' the tribunal Jnited States d and ninety- provisions of utes, and all far as the ur seals and in the waters >f the Pacific 'Thenever an said, it shall iiUiation, and 8 applicable, w)»p^ such t has i»ecome til be conclu- le protection ereof in said B the same as \ thereof, but )ka or in any Washington. AWABD OF THI TBIBUVAL OT ABBTTRATIOlf OOllffClTUTJU) UHDEK THE TBZATT COVOLCDED AT WASHINOTOir, THS 29TH OF FEBBUABT, 189S, HKTWKJW THE UNITED STATES OF AMERICA AITS HEB MAJESTY THE QUKKSR OF THE UNHBD KIirODOM OF OBEAT BBITAnr AND ntELAHD. Whereas by a Treaty between the United States of America and Great Britain, signed at Washington, February 29, 1892, the ratifica- tions of which by the Governments of the two Countries were exchanged at London on May the 7tta, 1892, it was, amongst other things, agreed and concluded that the questions which had arisen between the Gov- ernment of the United States of America and the Government of Her Britannic M^^esty, concerning the jurisdictional rights of the United States in the waters of Behring's Sea, and concerning also the preser- vation of the fur-seal in or habitually resorting to the said sea, and the rights of the citizens and subjects of either Country as regards the taking of fur-seals in or habitually resorting to the said waters, should be submitted to a GDribunal of Arbitration to be composed of seven Arbitrators, who should be appointed in the following manner, that is to say: two should be named by the President of the United States; two should be named by her Britannic Majesty; His Excellency the President of the French Bepublic should be jointly requested by the High Contracting Parties to name one; His Majesty the King of Italy should be so requested to name one; His Majesty the King of Sweden and Norway should be so requested to name one; the seven Arbitrators to be so named should be jurists of distinguished reputation in their respective Countries, and the selecting Powers should be requested to choose, if possible, jurists who are acquainted with the English lan- guage; And whereas it was ftirther agreed by article II of the said Treaty that the Arbitrators should meet at Paris within twenty days after the delivery of the Counter-Cases mentioned in article IV, and should proceed impartially and carefully to examine and decide the questions which had bee ' or should be laid before them as in the said Treaty provided on the part of the Governments of the United States and of Her Britannic M^esty respectively, and that all questions considered by the Tribunal, including the final decision, should be determined by a majority of all the Arbitrators ; And whereas by article VI of the said Treaty, it was further pro- vided as follows : In deciding the matters submitted to the said Arbitratora, it is agreed that the following five points shall be submitted to them in order that their award shall ombraoe a distinct desision npon each of said five points, to wit: 1. What exclnsive jnrisdiction in the sea now known as the Behring's Sea, and what exclBsive rights in the seal fisheries therein, did Russia assert and exercise prior and up to the time of the oessiou of Alaska to the United States f 15 16 FUR-SEAL FISHERIES IN BERING SEA. 2. How far were these claims of Jariadiotiou aa to the seal flsheriefl recognized and conceded by Oreat Britain f 3. Was the body of water now known as the Behring's Sea included in the phrase Pacific Ocean, as used in the Treaty of 1825 between Great Britain and Rassia; ar i what rights, if any, in the Behring's Sea were held and exclnsively exercised by Russia after said Treaty t 4. Did not all the rights of ilussia as to jurisdiction and as to the seal fisheries in Behring's Sea east of the water boundary, in the Treaty between the United States and Russia of the 30th of March 1867, pass unimpaired to the United States under that Treaty? 5. Has the United States any right, and if so, what right of protection or property in the fur-seals frequenting the islands of the United States in Behring Sea when such seals are found outside the ordinary three-mile limit. And whereas, by article VII of the said Treaty, it was farther agreed as follows : If the determination of the foregoing questions as to the exclusive jurisdiction of the United States shall leave the subject in such position that the concurrence of Great Britain is necessary to the establishment of Regulations for the proper pro- tection and preservation of the fnr-seal in, or habitually resorting to, the Behring Sea, the Arbitrators shall then determine what concurrent Regulations, outside the jurisdictional limits of the respective Governments, are necessary, and over what waters such Regulations should extend ; The High Contracting Parties furthermore agree to cooperate in securing the adhesion of other Powers to such Regulations; And whereas, by article VIII of the said Treaty, after reciting that the High Contracting Parties had found themselves unable to agree upon a reference which should include the question of the liability of each for the injuries alleged to have been sustained by the other, or by its citizens, in connection with the claims presented and urged by it, and that degree of longitude from Greenwich till it strikes the water boundary described in Article 1 of the Treaty of 1867 between the United States and Russia, and following that line up to Behring straits. FUB-BEAL FI8HEBIE8 IK BEBINQ 8EA. 1% a mt^ority exclusive ;s as to the de of ordi- itrators, do ussia as to east of the and Bussia tates under de OouTcel) enosta and ), do decide ' protection the United he ordinary g questions entioned in icurrence of iions for the aally resort- majority as id Baron de tfr. Gregers le following ■8, do decide he following le respective )r the waters 11 forbid their me and in any zone of sixty rs. miles, of sixty otively to Idll, ing, eacli year, ihe higli sea, in situated to the 180"' degree of ted in Article 1 iwing that line Artiolb 8. Dnrlng the period of time and in the waters in which the tnt seal fishing is allowed, only sailing vesnels shall be permitted to carry on or talte part in fur-seal fishing operations. They will however be at liberty to avail themselves of the use of siicii canoee or undecked boats, propelled by paddles, oars, or sails, as are in common ase Its iishiug boats. Artict^k 4. Each sailing vessel anthorized to fish for fur seals mnst be provided with a special license issued for that purpose by its Government nud shall be required to carry tk diBtingniNl:!')!^ flag to be prescribed by its Government. Articlk 5. The masters of the vessels engajred in fur seal fishing shall enter aocnrately in their official log boolc the date and place of each fur seal fishing operation, and also the number and sex of the seals captured npon each day. Thene entr'js shall be comninnicated by each of the two Governments to the other at the end of each fishing season. Article 6. The use of nets, fire arras and explosives shall be forbidden in the fiir seal fishing. This restriction shall not apply to shot guns when such fishing takes place outside of Behring's sea, during the season when it may be lawfully carried on. Articlk 7. The two Governments shall take measures to control the fitness of the men anthor- ized to engage in fur seal fishing; thesu men shall have been proved fit to handle with sufficient skill the weapons by means of which this fishing may be carried on. Article 8. The regulations contained in the preceding articles shall not apply to Indians dwelling on the coasts of the' territory of the United States or of < Iveat Britain, and carrying on fur seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddlon, oars or sails and manned l)y not more than five persons each in the way hitherto practised by tlie Indians, provided such Indians are not in the employment of other persons and pro- vided that, whnn so hunting in canoes or undecked boats, they shall not hunt fur seals outside oi° territorial witters under contract for the delivery of the skins to any person. This exemption shall not be construed to affect the Municipal law of either coun- try, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian Passes. Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with fur sealing vessels as heretofore. Articlk 9. The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals, shall remain in force until they have been, in whole or in part, abolished or modihed by common agreement between the Governments of the United States and of Great Britain. The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof. 80 FUB-SEAL FISHERIBB IN BESINO SEA. And whereas the Government of Her Britannic Mi^jesty did anbrnit to the Tribunal of Arbitration by article VIII of the said Treaty certain questions of fact involved in the claims referred to in the said article YIII, and did also submit to us, the said Tribunal, a statement of the said facts, as follows, that is to say: i I 9INDINOB OF FACT PROPOSED BY TIIK AGENT OF GREAT BRITAIN AND AGREED TO ▲S PROVKO BY THE AGENT FOR THE UNITED STATES, AND SUBMITTED TO THE TRIBUNAL OF ARBITRATION FOR ITS CONSIDERATION. 1. That the several searches aad seizures, whether of ships or goods, and the sev- eral arrests of masters and crows, respeotivoly mentioned in the Schedule to the British Case, pages 1 to 60 inclusive, were made by the authority of the United States Oovernment. The questions as to the value of the said vessels or their con- tents or either of them, and the question as to whether the vessels mentioned in the Schedule to the British Case, or any of them, were wholly or in part the actual property of citizens of the United States, have been withdrawn from and have not been considered by the Tribunal, it being understood that it is open to the United States to raise these questions or any of them, if they think fit, in any future negotiations as to the liability of the United States Oovernment to pay the amounts mentioned in the Schednle to the British Case; 2. That the seizures aforesaid, with the exception of the "Pathfinder" seized at Neah-Bay, were made in Behring Sea at the distances f^om shore mentioned in the Schedule anne:^ed hereto marked "0"; 3. That the said several searches and seizures of vessels were made by public armed vessels of the United States, the commanders of which had, at the several times when they were made, from the Executive Department of the Government of the United States, instructions, a copy of one of which is annexed hereto, marked "A" and that the others were, in all substantial respects, tlie same: that in all the instances in which proceedings were had in the District Courts of the United States resulting in condemnation, such proceedings were begun by the filing of libels, a copy of one of which is annexed hereto, marked "B", and that the libels in the other proceedings were in all substantial respects the same : that the alleged acts or ofi^ences for which said several searches and seizures were made were in each case done or committed in Behring Sea at the distances from shore aforesaid ; and that in each case in which sentence of condemnation was passed, except in those cases when the vessels were released after condemnation, the seizure was adopted by the Government of the United States : and in those cases in which the vessels wer<9 released the seizure was made by the authority of the United States ; that the said fines and imprisonments were for alleged breaches of the municipal laws of the United States, which alleged breaches were wholly committed in Behring Sea at the distances from the shore aforesaid ; 4. That the several orders mentioned in the Schedule annexed hereto and marked "C" warning vessels to leave or not to enter Behring Sea were mode by public armed vessels of the United States the commanders of whicli had, at the several times when they were given, like instructions as mentioned in finding 3, and that the vessels so warned were engaged in sealing or prosecuting voyages for that purpose, and that Buoh action was adopted by the Government of the United States ; 5. That the District courts of the United States in which any proceedings were had or taken for the purpose of condemning any vessel seized as mentioned in the Schedule to the Case of Great Britain, pages 1 to 60, inclusive, had all the jurisdic- tion and powers of Courts of Admiralty, including the prize jurisdiction, but that in each case the sentence pronounced by the Court was based upon the grounds set forth in the libel. FUR-SEAL FISHERIES IN BERING SEA. 21 did submit )aty certain laid article nent of the AOKEBD TO ■TK0 TO THK and the sev- ledule to the r the United Jr their con- doned in the t the actual tnd have not the United any fature the amounts >r" seized at ioned in the ie by public the several verument of .etc, marked at in all the nited States of libels, a bels in the eged octB or n each case and that in those cases pted by the wsels were at the said aws of the Sea at the Qd marked blio armed imes when vessels so I and that ings were ed in the ' jurisdio- but that otinds set Annex A. Treasury Department, Office of the Secretary, WtuhingtoH, April 21, 1886. Sir: Referring to Department letter of this date, directing you to proceed with the revenue-steamer Hear, under your command, to the seal Islands, etc., you are hereby clothed with fall power to enforce the law contained in the provisions of Section 1956 of the United States' Revised Statutes, and directed to seize all vessels and arrest and deliver to the prober authorities any or all persons whom you may detect violating the law referred to, after due notice shall have been given. You will also seize any ]i(]aors or fire-arms attempted to be introduced into the country without proper permit, under the provisions of Section 1955 of the Revised Statutes, and the Proclamation of the President dated 4''' February, 1870. Respectfully yours, (Signed) C. S. Fairciiilo, Acting Secretary. Captain M. A. Healy, Commanding revenue-iteamc" Bear, San-Franoieco, CaHfomia. Annex B. IN THE district COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA, AUGUST SPECIAL TKHM, 1886. To the Honourable Lafayette Dawson, Judge of eaid District Court: The libel of information of M. D. Ball, Attorney for the United States for the Dis- trict of Alaska, who prosecutes on behalf of said United States, and being present here in Court in his proper person, in the name and on behalf of the said United States, against the schooner Thornton, her tackle, apparel, boats, cargo, and furni- ture, and against all persons intervening for their interest therein, in a cause of for- feiture, alleges and informs as follows : That Charles A. Abbey, an officer in the Revenue marine Service of the United States, and on special duty in the waters of the district of Alaska, heretofore, to wit, on the Ist day of August, 1886, within the limitt. of Alaska Territory, and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring sea belonging to the said district, on waters navigable from the sea by vessels of 10 or more tons burden, seized the ship or ves- sel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to the said Attorney nnknown, as forfeited to the United States, for the following causes : That the said vessel or scUooner was found engaged in killing fur-seal within the liinits of Alaska Territrory, and in the waters thereof, in violation of section 1956 of the Revised Statutes of the United States. And the said Attorney caith that all and singular the premises are and were true, and within the Admiralty and maritime jurisdiction of tliis Court, and that by rea- son thereof, and by force of the Statutes of the United States in such cases made and provided, the afore-mentioned and described schooner or vessel, being a vessel of 'over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within the district aforesaid. Wherefore the said Attorney prays the nsual process and monition of this honour- able Court issue in this behalf, and that all persons interested in the before-mentioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honourable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. (Signed) M. D. Ball, United Slates District Attorney for the District of Alaska. rUB-SRAL FI8BBKIE8 IN BBRINO SEA. ▲Mmx 0. The following Tabic ■hows the names of the British noallng-Tessels seised or warned by United States reyenue oniizcrs lHKA-1800, and the approximate distanofi from land when seised. The distances SMignvd in the cases of the Carolena, Thorn- ton and Ofii ard are on the authority of U. 8. Naral Commander Abbey (see 60"' Congress, 2"<< Hession, Senate Kxeontive Documents N» 106, pp. 20, SO, 40). The dis- tances assigned in the cases of the Anna fieok, W. V. Sayward, Dolphin and Grace are on the authority of Captain Sbepard U. 8. R. M. {Blue Hook, United Htates N" 2, 1890.— pp. 80-82. 8ee Appendix, vol. III). Name of yetael. Csrolens . Thornton. Onward . . VsTonHte . AnnaBeek W. P. Say ward Dolphin Alft«d Adam*, ▲da Triiunph. Jnanita .... Pathfinder . Triomph... Black Diamond Liljr , ArM , Kate Minnie Pathflndor Date of Miinro. August 1, 1880.. A iigimt 1,1886.. AnKiiiit2,188«.. AaRniit3,188a.. July 2,1887... July B,1887... July 12, 1887 ... Jnlyl7,1887... Auguat 10, 1887 . Angnst i&, 1887 Angaat 4,1887. July 31, 1889... July 29, 1889.... July 11,1888.... July 11, 1889.... Augnat 6,1889.. July 30,1889.... Anguit 13, 1889. July 15,1889.... March 27, 1890.. Approximato di«tani!i' from land when aeltail. 76 mile* 70mll'"< 115' i jW« I by Cor win In about same pus MtnaaOnwAnl. 66inilea 60 iiiilen Mnillea 90iiiil«*a 62niilea 16inlleH ^Warned by Kntli not to enter Beh- ring Sea. 66m|iea 60mlloB — ^Oniereil out of Itebring Sea by Rush. ( f ) Ar to poaitiuu when warr.tMl. 35 niileM 66 milfH Ordered out of Uoliring Sea by Rush. Ditto. 66mlleii Seised in Neah Bay (>) United States yeseel mak- ing aeiiure. Corwin. Ctirwin. Corwin. Hash. Ruah. Rnab. Ruah. Ruah. Rear. Rnab. Rush. Ruah. Ruah. Ruah. Corwin. (I) Keah Bay is in the State of Waahington, and the Pathfinder was seized them on charges made against her in the Behring Sea in the previons year. She was released two days later. And whereas the Government of Her Britannic Mt^jesty did aak the said Arbitrators to And the said facts as set forth in the said statement, and whereas the Agent and Counsel for the United States Oovernment ther'iapon in oar presence informed as that the said statement of facts was sustained by the evidence, and that they had agreed with the Agent and Ooansel for Her Britannic Mtvjesty that We, the Arbitra- tors, if we should think fit so to do might find the said statement of facts to be true. Now, We, the said Arbitrators, do unanimously find the fJocts as set forth in the said statement to be true. And whereas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbitrators; Now, We, Baron de Courcel, Lord Hannen, Mr. Justice Harlan, Sir John Thompson, Senator Morgan, the Marquis Yisconti Yeuosta and smelt Mised or ini«t« distanofl ■arolena, Thorn- \bboy (aee 60"' ,40). Thedi.. 1 and Grace are ed Htatee K" 2, FUR-SEAL FI8HERIR8 IN BERING SEA. 28 Unltwl SUUre8cribed by its bing shall enter J of each fiir-seal le seals captured id by each of the ing season. bidden in the fur- itguns when snch lie season when it trol the fitness of se men shall have ,pou8 by means of (8 shall not apply ;he United States 5 in canoes or un- jn with other ves- Dd manned by not practiced by the iloynient of other noes or undecked FUR-SEAL FISHERIES IN BERING SEA. 25 boats they shall not hunt fur seals outside of territorial waters under contract for the delivery of the skins to any person. This exemi)tion shall not be construed to affect tlio municipal law of either country, nor shall it extend to the waters of Behring Sea or the waters of the Aleutian Passes. Nothing herein contained is intended to interfere with the employ- ment of Indians as hunters or otherwise in connection with fur sealing vessels as heretofore. Article 9. The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals shall remain in force until they have been, in whole O' in part, abolished or modified by common agreement between tho Governments of the United States and of Great Britain. The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof. Now, therefore, be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled, That no citizen of the [Jnited States, or person owing the duty of obedience to the laws or the treaties of the United States, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, at ■ray time, or in any manner whatever, outside of territorial waters, any iur seal in the waters surrounding the Pribilov Islands within a zone of sixty geographical miles (sixty to a degree of latitude) around said isliDids, exclusive of the territorial waters. Sec. 2. That no citizen of the United States, or person above de- scribed in section one of this act, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, in any manner whatever, during the season extending from the first day of May to the thirty-first day of July, both inclusive, in each year, any fur seal on the high seas outside of the zone mentioned in section one, and in that part of the Pacific Ocean, including Behring Sea, which is situated to the north of the thirty-fifth degree of north latitude and to the east of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary described in article one of the treaty of eighteen hundred and sixty-seven, between the United States and Bussia, and following that line up to Behring Straits. Seo. 3. No citizeo of the United States or person above described, in the first section of this act, shall, during the period and in the waters in whi(5h by section two of this act the killing of fur seals is not pro- hibited, use or employ any vessel, nor shall any vessel of the United States be used or employed, in carrying on or taking part in fur seal fishing operat..uns other than a sailing vessel propelled by sails exclu- sively, and such canoes or undecked boats, propelled by paddles, oars, Ii ! I If! I 111! i: 26 FUR-SEAL FISHERIES IN BERING SEA. or sails as may belong to, and be nsed in connection with, snch sailing vessels; nor shall any sailing vessel carry on or take part in such oper- ations without a special license obtained from the Government for that purpose, and without carrying a distinctive flag prescribed by the Gov- ernment for the same purpose. Sec. 4. That every master of a vessel Licensed under this act to engage in fur seal fishing operations shall accurately enter into his official log book the date sind place of every such operation, and also the number and sex of the seals captured each day; and on coming into port, and before landing cargo, the master shall verify, on oath, such official log book as containing a full and true statement of the number and character of his fur-seal fishing operations, including the number and sex of seals captured; and for any false statement willfully made by a person so licensed by the United States in this behalf he shall be subject to the penalties of perjury; and any seal skins found in excess of the statement in the official log book shall be forfeited to the United States. Sec. 5. That no person or vessel engaging in fur-seal fishing opera- ations under this act shall use or employ in any such operations, any net, firearm, airgun, or explosive : Provided, however. That this prohi- bition shall not apply to the use of shotguns in such operations outside of Behring Sea during the season when the killing of fur seals is not there prohibited by this act. Sec. 6. That the foregoing sections of this act shall not apply to Indians dwelling on the coast of the United States, and taking fur seals in canoes or undecked boats propelled wholly by paddles, oars, or sails, and not transported by or used in connection with other vessels, or manned by more than five persons, in the manner heretofore prac- ticed by the said Indians: Provided, however, That the exception made in this section shall not apply to Indians in the employment of other persons, or who shall kill, capture, or pursue fur seals outside of terri- torial waters under contract to deliver the skins to other persons, nor to the waters of Behring Sea or of the passes between the Aleutian Islands. Sec. 7. That the President shall have power to make regulations respecting the sjiecial license and the distinctive flag mentioned in this act and regulations otherwise suitable to secure the due execution of the provisions of this act, and from time to time to add to, modify, amend, or revoke such regulations as in his judgment may seem expe- dient. Sec. 8. That, except in the case of a master making a false state- ment under oath in violation of the provisions of the fourth section of this act, every person guilty of a violation of the provisions of this act, or of the regulations made thereunder, shall for each oft'ense be fined not less than two hundred dollars, oi imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and mmmm PUB-SEAL FISHERIES IN BERING SEA. 27 such sailing in such oper- lent for that by the Gov- this act to ter into his )n, and also coming into I oath, such ;he number he number ftJly made he shall be id in excess the United bing opera- ations, any this prohi- ons outside ?eal8 is not )t apply to taking fur les, oars, or ler vessels, »fore prac- )tion made it of other 3e of terri- srsons, nor i Aleutian agulations 'ed in this ecution of 3, modify, 3em expe- Ise state- Jection of this act, be fined than six lire, and cargo, at any time used or employed in violation of this act, or of the regulations made thereunder, shall be forfeited to the United States. Sec. 9. That any violation of this act, or of the regulations made thereunder, may be prosecuted either in the district court of Alaska or in any district court of the United States in California, Oregon, or Washington. Seo. 10. That if any unlicensed vessel of the United States shall be found within the waters to which this act applies, and at a time when the killing of fur seals is by this act there prohibited, having on board seal skins or bodies of seals, or apparatus or implements suitable for killing or taking seals; or if any licensed vessel shall be found in the waters to which this act applies, having on board apparatus or imple- ments suitable for taking seals, but forbidden then and there to be used, it shall be presumed that the vessel in the one case and the apparatus or implements in the other was or were used in violation of this act until it is otherwise sufficiently proved. Seo. 11. That it shall be the duty of the President to cause a suffi- cient naval force to cruise in the waters to which this act is applicable to enforce its provisions, and it shall be the duty of the commanding officer of any vessel belonging to the naval or revenue service of the United States, when so instructed by the President, to seize and arrest all vessels of the United States found bj him to be engaged, used, or employed in the waters last aforesaid in violation of any of the prohibi- tions of this act, or of any regulations made thereunder, and to ta^e the same, with all persons on board thereof, to the most convenient port in any district of the United States mentioned in this act, there to be dealt with according to law. Sec. 12. That any vessel or citizen of the United States, or person described in the first section of this act, offending against the prohibi- tions of this act or the regulations thereunder, may be seized and detained by the naval or other duly commissioned officers of Her Majesty the Queen of Great Britain, but when so seized and detained they shall be delivered as soon as practicable, with any witnesses and proofs on Ivoard, to any naval or revenue officer or other authorities of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same: Provided, however, That British officers shall arrest and detain vessels and persons as in this sfc-tion specified only after, by appropriate legislation. Great Britain shai^ have authorized officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the authorities of Great Britain vessels and subjects of that Government oli'ending against any statutes or regulations of Great Britain enacted or made to enforce the awaid of the treaty mentioned in the title of this act. Approved, April 6, 1894. • 28 FUB-SEAL FISHERIES IN BERING SEA. SEAL FISHEBIE8. By the President of the United States of America, A PROCLAMATION. Whereas an Act of Congress entitled "An Act to give effect to the Award rendered by the Tribunal of Arbitration at Paris, under the treaty between the United States and Great Britain, concluded at Wash- ington, February 29, 1892, for the purpose of submitting to arbitration certain questions concerning the preservation of the fur-seals" was approved April 6, 1894, and reads as follows : Whereas the following articles of the award of the Tribunal of Arbitration consti- tuted under the treaty concluded at Washington the twenty-ninth of February, eighteen huurlrod and ninety-two, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland were deliv- ered to the agents of the respective governments on the fifteenth day of Angnst, eighteen hundred and ninety-three: Articia 1. * The governments of the United States and Great Britain shall forbid their citizens and snbjects resp.ectively to kill, capture, or pursue at any time, and in any manner whatever, the animals commonly called fur seals, within a zone of sixty miles around the Pribilov Islands, inclusive of the territorial waters. The miles mentioned in the preceding paragraph are geographical miles, of sixty to a degree of latitude. Article 2. The two governments shall forbid their citizens and sabjeots respectively to kill, capture or pursue, in any manner whatever, daring the season extending, each year, from the first of May to the thirty-first of July, both inclusive, the fur seals on the high sea, in the part of the Pacific Ocean, inclusive of the Bering Sea, which is situated to the north of the thirty-fifth degree of north latitude, j.nd eastward of the one hundred and eightieth degree of longitude from Green rich till it strikes the water boundary described in article one of the treaty of eighl een hundred and sixty-seven between the United States and Russia, and following tLut line np to Berings Straits. Articlb 3. During the period of time and in the waters in which the fnrsenl fishing is allowed, only sailing vessels shall be permitted to carry on or take part in fur-seal fishing operations. They will however be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats. Artiolk 4. Each sailing vessel authorized to fish for fur seals must be provided with a special license issued for that purpose by its Government, and shall be required to carry a dietingnishing flag to be prescribed by its Government. Abticlb 6. The masters of the vessels engaged in fnr-seal fishing shall enter aocnrately in their official log book the date and place of each fnr-seal fishing operation, and also the number and sex of the seals captured npon each day. These entries shall be commnni- cated by each of the two governments to the other at the end of each fishing season. a.iiii;imiitfiiiiniS'»t Ambbica. B effect to the 'is, under the ided at Wash- to arbitration ar-seals" was t>itratioi] consti- ih of February, nerica and Her and were delir- day of Angnat, id their citizens I in any manner ty miles around miles, of sixty ectirely to kill, ling, each year, ur seals on the rhich is situated 'ard of the ono rikes the water ind sixty-seven Berings Straits. ling is allowed, 'ur-seal fishing ;he use of such in common use with a special ired to carry a rately in their , and also the [I be oommani- iahing seMon. FUR-SEAL FISHERIES IN BERING SEA. Articlb 6. 29 The use of nets, firearms and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shotguns when such fishing takes place outside of fiehring Sea, during the season when it may be lawfully carried on. Abticle 7. The two governments shall take measures to control the fitness of the men author- ized to engage in fur-seal fishing; these men shall have been proved fit to handle with suflicieut skill the weapons by means of which this fishing may be carried on. Articlb 8. The regulations contained in the preceding articles shall not apply to Indians dwelling on the coast of che territory of the United States or of Great Britain, and carrying on fur-seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars or sails and manned by not more than five persons each in the way hitherto practiced by the Indians, provided such Indians are not in the employment of other persons and provided that, when so hunting in canoes or undecked boats, they shall not hunt fur seals outside of territorial waters under contract for the delivery of the skins to any person. This exemption shall not be construed to affect the municipal law of either coun- try, nor shall It extend to the waters of Behring Sea or the waters of the Aleutian Passes. Nothing herein contained is intended to interfere with the employment of Indians as hunters or otherwise in connection with fur sealing vessels as heretofore. Articlb 9. The concurrent regulations hereby determined with a view to the protection and preservation^ of the fur seals, shall remain in force until they have been, in whole or in part, abolished or modified by common agreement between the governments of the United States and of Great Britain. The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested governments to consider whether, in the light of past experience, there is occasion for any modification thereof. Now therefore, be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no citizen of the United States, or per- son owing the duty of obedience to the laws or the treaties of the United States, nor any person belonging to or on board of a vessel of the United States, shall kill, cap- ture, or pursue, at any time, or in any manner whatever, outside of territorial waters, any fur seal in the waters surrounding the Pribilov Islands within a zone of sixty geographical miles (sixty to a degree of latitude) around said islands, exclusive of the territorial waters. Sec. 2. That no citizen of the United States, or person above described in section one of this act, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, in any manner whatever, during the season extending from the first day of May to the thirty-first day of July, both inclusive, in each year, any fur seal on the high seas outside of the zone mentioned in section one, and in that part of the Pacific Ocean, including Behrirg 9na, which is situated to the north of the thirty-fifth degree of north latitude an' do the east of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary described in article one of the treaty of eighteen hundred and sixty-seven, between the United States anu Russia, and following that line up to Behring Straits. Sec. 3. No citizen of the United States or person above described, in the first sec- tion of this Act, shall, during the period and in the waters in which by section two nm 30 FUR-SEAL FISHERIES IN BERING SEA. lil of this Act the killing of fur seals is not prohibited, jse or employ any vessel, nor shall any vessel of the United States be used or employed, iu carrying on or taking part in fur-seal fishing operations, other than a sailing vessel propelled by sails exclusively, and such canoes or undecked boats, propelled by paddles, oars, or sails as may belong to, and be used in connection with, such sailing vessels; nor shall any sailing vessel carry on or take part in such operations without a special license obtained from the Government for that purpose, and without carrying a distinctive tlag prescribed by the Government for the same purpose. 8kc. 4. That every master of a vessel licensed under this act to engage in fur-seal fishing operations shall accurately enter in his official log book the date and place of every such operation, and also the number and sex of the seals captured eaoh day ; and on coming into port, and before landing cargo, the master shall verify, on oath, such official log book as containing a full and true "tatement of the number and obar.acter of his fur-seal fishing operations, including the number and sex of seals captured ; and for any false statement willfully made by a person so licensed by the United States iu this behalf he shall be subject to the penalties of perjury ; and any seal skins found iu excess of the statement in the official log book shall be forfeited to the United States. Skc. 5. That no person or vessel engaging in fur-seal fishing operations under this Act shall use or employ in any such operations, Any net, firearm, airgun, or explosi'.e : Provided however, That this prohibition shall not apply to the use of shotguns in such operations outside of Bering Sea during the season when the killing of fur seals is not there prohibited by this Act. Sec. 6. That the foregoing sections of this act shall not apply to Indians dwelling on the coast of the United States, and taking fur seals in canoes or undecked boats propelled wholly by paddles, oars, or sails, and not transported by or used in con- nection with other vessels, or manned by more than five persons, in the manner here- tofore practiced by the said Indians: Provided, howevei; That the exception made in this section shall not apply to Indians in the employment of other persons, or who shall kill, capture, or pursue fur seals outside of territorial waters under contract to deliver the skins to other persons, nor to the waters of Behring Sea or of the passes between the Aleutian Islands. Sec. 7. That the President shall have power to make regulations respecting the special license and the distinctive flag mentioned in this Act and regulations other- wise suitable to secure the due execution of the provisions of this act, and from time to time to add to, modify, amend, or revoke such regulations, as in his judgment may seem expedient. Sec. 8. That, except in the case of a master making a false statement under oath in violation of the provisions of the fourth section of this Act, every person guilty of a violation of the provisions of this Act, or of the regulations made thereunder, shall for each olfcnse be fined not less than two hundred dollars, or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, at any time used or employed in violation of this Act, or of the regulations made thereunder, shall be forfeited to the United States. Sec. 9. That any violation of this Act, or of the regulations made thereunder, may be prosecuted either in the district court oi Alaska or in any district court of the United States in California, Oregon, or Washington. Sec. 10. That if any unlicensed vessel of the United States shall be found within the waters to which this Act applies, and at a time when the killing of fur seals is by this Act there prohibited, having on board seal skins or bodies of seals, or appa- ratus or implements suitable for killing or taking seals ; or if any licensed vessel shall bo founcl in the waters to which this Act applies, having on board apparatus or iniple- meni;s suitable for taking seals, but forbidden then and there to be used, it shall be presumed that tie vessel in the one case and the apparatus or implements in the other was or were used in violation of this Act until it is otherwise suffioieutly proved. FUS-SEAL FISHERIES IN BERING SEA. 81 any vessel, nor g on or taking pelled by sails 8, oars, or sails aels; nor shall special liceuHe g a distinctive rage in fnr-seal late and place ured each day ; '^erify, on oath, e number and d sex of seals i censed by tbo jury; and any 11 be forfeited ons under this I, or explosive: •f shotguns in killing of fur iians dwelling ndecked boats ir used in con- 3 nianner here- ptioii made in ersons, or who indor contract T of the passes •espocting the iliitions other- and from time judgment may at under oath rson guilty of reunder, shall ned not more re, and cargo, ilations made ircunder, may court of the found within )f fur seals is jals, or appa- d vessel shall itusoriuiple- d, it shall be nents in the i auffioieutly Sec. 11. That it shall be the daty of the President to cause a sufficient naval force to cruise in the waters to which this Act is applicable to enforce its provisions, and it shall be the duty of the commanding officer of any vessel belonging to the naval or revenue service of the United States, when so instructed by the President, to seize and arrest all vessels of the United States fouud by him to be engaged, used, or employed in the waters last aforesaid in violation of any of the prohibitions of this Act, or of any regulations made thereunder, and to take the same, with all persons on board thereof, to the most convenient port in any district of the United States meutionod in this Act, there to be dealt with according to law. Sec. 12. That any vessel or citizen of the United States, or person described in the first section of this Act, offending against the prohibitions of this Act or the regula- tions thereunder, may be seized and detained by the naval or other duly commis- sioned officers of Her Majesty the Queen of Great Britain, but when so seized and detained they shall be delivered as soon as practicable, with aay witnesses and proofs on board, to any naval or revenue officer or other authorities of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same : Provided, however, That British officers shall arrest and detain vessels and persons as in this section specified only after, by appropriate legislation. Great Britain shall have authorized officers of the United States duly commissioned and instructed by the President to that end to arrest, detain, and deliver to the authorities of Great Britain vessels and subjects of that Government offending against any statutes or regulations of Great Britain enacted or made to enforce the award of the treaty mentioned in the title of this Act. Approved, April 6, 1894. Now Therefore, Be it Known that I, Grover Cleveland, President of the United States of America, have caused the said Act specially to be proclaimed to the end that its provisions may be known and observed; and I hereby proclaim that every person guilty of a violation of the provisions of said Act will be arrested and punished as therein provided; and all vessels so employed, their tackle, apparel, furniture and cargo, will be seized and forfeited. In testimony whereof I have hereunto set my hand and caused the Seal of the United States to be aifixed. Done at the City of Washington this 9th day of April in the year of our Lord One thousand eight hundred and ninety four, and of [seal.] the Independence of the United States the One hundred and eighteenth. Gboyeb Cleveland. By the President : W. Q. Gebsham, Secretary of State. [Public— No. 54.] AN ACT To amend section one of an Act approved April sixth, eighteen hundred and ninety-four, entitled "An Act to give effect to the award rendered by the Tribunal of Arbitration, at Paris,, under the treaty between the United* Stat«8 and Groat Britain, concluded at Washington, February twenty-ninth, eighteen hun- dred and ninety-two, for the purpose of submitting to arbitration certain <][ues- tions concerning the preservation of the fur seals." Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section one of the Act f ill at FUR-SEAL FI8HKRIEB I. m iiHk ING SEA. entitled "An Act to give effect to the award rendered by the Tribunal ot Arbitration, at Paris, under the treaty between the United States and Great Britain concluded at Washington, February twenty-ninth, eighteen hundred and ninety-two, for the purpose of .submitting to arbitration certain questions concerning the preservation of the fur seals," approved April sixth, eighteen hundred and ninety four, be amended by striking out the word "exclusive" where it occurs in said section one and inserting the word "inclusive," so that said section will read: That no citizen of the United States, or person owing the duty of obedience to the laws or the treaties of the United States, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, at any time, or in any manner whatever, outside of territorial waters, any fur seal in the waters surrounding the Pribilov Islands within a zone of sixty geographical miles (sixty to a degree of latitude) around said islands, inclusive of the territorial waters. Approved, April 24, 1894. ill [PUBLIO-NO. 76.] AN ACT Snpplementary to an Act approved April sixth, eighteen hundred and ninety-foar, for the execution of the award rendered at Paris, Aagnst fifteenth, eighteen hundred and ninety-three, by the Tribunal of Arbitration constituted under the treaty between the United States and Great Britain, concluded at Wnsh- ington, February twenty-ninth, eighteen hundred and ninety-two, in relation to the preservation of the far seal. • Whereas by the seventh article of the treaty between the United States and Great Britain, concluded ai Washington, February twenty- ninth, eighteen hundred and ninety-two, in relation to the preservation of the fur seal, the high contracting parties agree to co-operate in securing the adhesion of other powers to such regulations as the arbi- trators under said treaty might determine upon for that purpose; and Whereas by an Act of Congress approvea April sixth, eighteen hun- dred and ninety-four, provision has been made by the United States for the execution of the regulations so determined upon and for the punishment of any infractions of said regulations : Therefore, Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembledj That the procedure and penal- ties provided by said Act, in case of the violation of the provisions of said regulations, are hereby made applicable to and shall be enforced against any citizen of the United States, or person owing the duty of obedience to the laws or the treaties of the United States, or person belonging to or on board of a vessel of the United States who shall kill, capture, or pursue, at any time or in any manner whatever, as well as to and against any vessel of the United States used or employed in killing, capturing, or pursuing, at any time or in any manner whatever. ar.sisisaasttia'i':'-';"' ►y the Tribunal United States r twenty-ninth, .submitting to ion of the fur ninety four, be occurs in said kt said section son owing the ed States, nor CTnited States, mer whatever, irrounding the ilea (sixty to a the territorial en hnndred aod ingnBt fifteenth, tion constituted lolnded at Wash- o, in relation to tt the United ruary tweuty- i preservation co-operate in IS as the arbi- purpose; and eighteen hun- rnited States and for the fore, ofihe United re and peiial- provisions ul i be enforced r the duty of Bs, or person ho shall kilJ, sr, as well as employed in er whatever, FUR-SEAL FISHERIES IN BERING SEA. 88 any fur seal or other marine fur-bearing animal, in violation of the pro- visions of any treaty or convention into which the United States may have entered or mr.^ liereafter enter with any other power for the pur- pose of protecting fur seals or other marine fur-bearing animals, or in violation of any regulations which the President may make lor the due execution of such treaty or convention. Approved, June 5, 1894. BULE8 AND BEOUIATI0N8 PBESORIBED UNBEB THE P&OVISIONB OF THE ACT OP CONOBESS AFPS07ED APBIL 6, 1894, FOB THE OOVEBNUENT OF UNITED STATES VESSELS EMPLOYED IN PUB-SEAL PISHING DUBING THE SEASON OF 1806. Articlk 1. Every vessel employed in fur-seal fiNliing sliall have, in addition to the papers now required by law, a special liceuse lor fur-seal fisbiug. Articlb 2. Before the issuance of the special license required by the fourth article of the award of the Tribunal of Arbitration, the master of any sailing vessel proposing to engage in the fur-seal fishery shall produce satisfactory evidence to the officer to whom application is made that the hunters employed by him are competent to use with sufficient skill the weapons by means of which this fishing may be carried on. Article 3. Every sealing vessel provided with special license shall show, under her national ensign, a flag not less than four feet square, composed of two pieces, yellow and black, joined from the right-band upper corner of the fly to the loft-hand lower cor- ner of the luil', the part above and to the left to be black and the part to the right and below to be yellow. Botweeu the hours of sunset and sunrise all scaling vessels shall exhibit two vertical lights, natural color, where they can best be seen, not less than ten feet above the deck, and to be "visible in clear weather at least one mile. Articlb 4. In order to protect from nnnecessary interference sealing vessels found within the area of the award during the closed season (that is to say, between April 30 and August 1), but which have not violated the law, any sealing vessel intending to tra- verse the area of the award during said closed season, on her way to her home or other port, or to or from the sealing grounds, or for any other legitimate purpose, may, on the application of the master, have her sealing outfit, including guns and ammunition, secured under seal, and an entry thereof made on her log book. Such sealing up and entry shall be a protection to the vessel against seizure during the closed season by any cruiser, so long as the seals so affixed shall remain unbroken, unless there shall be evidence of violation of the articles of the award and said act of Congress of April 6, 1894, notwithstanding. Article 5. Such sealing up and entry may be effected in port or at sea by any naval, consular, or customs officer of the United States, and at sea also by the comni ader of a British cruiser. An officer will be etati9n94 »* t^^« isl*?(4 9? A-t^« for this ' irpose fl[om July ^0t to August 26th. H FUR-SEAL FISHERIES IN BERING SEA. The offloer effeotlng the •caling np shall mnke entry iu the vesBol'a log book, oer- tifying the faet and stating in detail tbo nuinbor and kind of};uns and other sealing iuiplements, the amount and kind of amniuniliou, and the number and sex of the seals and seal skins on board. Article 6. All sealing vessels bonnd to Bering Sea for the fur-seal fisheries shall, before engaging iu fur-seal fishing within the award area in said sea, report to the oflicer of the Revenue-Cutter Service stationed at Attou Ittland, or to the deputy collector of customs at Unalaska. The said officers shall respectively secure under seal the guns and ammunition on board all vessels thus reporting, wliioh have not already been so secured under the provisions of article 4 of these rules and regulations, and shall, in either event, make duo entry thereof on the log book of said vessel, stating in detail the number and kind of guns and other sealing implements, the amount and kind of ammunition, and the number and sex of the seals and seal skins on board. Such sealing up shall afford the same protection as is provided under said article 4. In lieu of said seal- ing up, the master of any vessel so reporting may deliver all guns and ammunition on board to the customs or revenue officers, respectively, iu charge at said islands, said guns and ammunition to be held at the sole risk of said master uutil called for at the end of the sealing season. Article 7. Any sailing vessel of the United States may obtain special license for fur-seal fish- ing upon application to the chief officer of the customs in any port of the United States or to the United States consular officer of any port in Jax)an, and coiuplyiug with the requirements of these regulations. Article 8. The mast«rs of all vessels which have been engaged in the fur-seal fisheries, whether within or without the award area, whether licensed or unlicensed, shall make entry of their catch at the custom-house at the return port, and at the time of entry shall file with the collector, duly verified by oath, the official log book, or a copy thereof, required to be kept by section 4, act of April (>, 1894, and iu addition thereto must furnish under oath the information required by the form, catalogue 204", which form shall be duly filled out and filed on entry. Copies of this form and of the log book required by said act may be obtained from the collector of customs. Article 9. The foregoing regulations are intended to apply only to the season of 1896. Approved : Qkoveb Clbvblamd. FOSX OF SPECIAL UCEHS& THE UNITED STATES OF AMERICA, SPECIAL LICKNSB FOR SEALING VKSSEL — LICENSE FOR CARRYINO ON FDU-SBAL FISHING. [Aot of Congress approved April 6, 1804.] SPXOIAL LI0KN8E HO. BKOISTU HO. OFFICIAL NUMBEB. Numerals. Letters. bmoI'b log book, oer- ns and other sealing luber and sex of the iheriea shall, before report to the ofUoer the deputy collector and aranmnition on lo secured under the 1 either event, make ttil the number and of ammnuition, and ch sealing up shall In lieu of said seal- us and ammunition Tge at said islands, ster until called for ase for fur-seal flsh- port of the United )aa, and complying il fisheries, whether d, shall make entry time of entry shall I, or a copy thereof, lition thereto must ;ue 204* which form ind of the log book ms. «on of 1896. /K& Clevbiamd. FUR-SEAL FISHERIES IN BERING SEA. f VKSSEIr-LIOENSK UMBEB. Letters, 35 In pnrBuance of an act of Congress approved April 6, 1894, -, master of the sailing vessel , having furnished satisfactory evidence that the hunters to be eini)loyed on board said vessel in taking fur seal iu the North Pacific Ocean and Bering Sea are competent to use the weapons for that purpose as provided in article 7 of the award of the Tribunal of Arbitration at Paris, license is hereby granted for the said sailing vessel, called the , to be eini)loyed in carrying on fur- seal fishing from August 1, 18 — , to April 30,. 18 — , both inclusive, during the period of time, in the manner, and 'in the waters iu which fur-seal fishing is allowed by said award and act. Attention is specially called to the rules and regulations, hereto attached, and to Circular No. 76, of 18S^, whicli prescribes iulMrniution to be given .the collector of cus- toms on entry. Copies of said circular and also of the log book, required under section 4, act of April 6, 18!)4, may be procured, on application, from any collector of customs, any United States consular ofiBcer in Japan, or any oiticer of the patrolling Heet designated by tiio President to patrol the award area. . Any violation of the articles of said award, of said rales and regulations, or of said act of Congress shall be punished by revocation of this license and by the further penalties prescribed in said act. Given under my hand and seal at the port of -, in the District of dred and this day of • -J iu the year one thousand eight hun- Collector of Cmtoms. FUR-SEAL FISHEBIE8. By the President of the United States of America. A PEOCLAMATION. The following provisions of the laws of the United States are pub- lished hereby for the information of all concerned : Section 1956, Revised Statutes, chapter 3, Title XXIII, enacts that — No person shall kill any otter, mink, marten, sable, or fur seal, or other fur-bear- ing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall, fur each ofi'ense, be iined not less than two hundred nor more than one thousand dollars, or imprisoned not more than six months, or both ; and all vessels, their tackle, apparel, fuiuitnre, and cargo, found engaged in viola- tion of this section shall be forfeited; but the Secretary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fnr-beariug animal, except fur seals, under such regulations as ho may prescribe ; and it shall be the duty of the Secretary to prevent the killing of any fur seal, and to provide for the execution of the provisions of this section until it is otherwise provided bylaw; nor shall he grant any special privileges under this section. Section 3 of the act entitled "An act to provide for the protection of the salmon fisheries of Alaska," approved March 2, 1889, provides: Sec. 3. That section nineteen hundred and fifty-six of the Revised Statutes of the United States is hereby declared to include uud apply to all the dominion of the United States in the waters of Bering Sea ; and it shall be the duty of the Freai^voat, ^II! II nil II li ii 86 FUR-8EAL FISHERIES IN BERING SEA. at A timely season in each yonr, to iiisiio his proclaniution and cause the same to be published for one month in at least one newspaper, if any such there be published, at each United StatoM i>ort of entry on the Pacilio Const, warning all persons against entering said waters for the purpoHo of violating the provisions of said section ; and he shall also caune one or more vessels of the United States to diligently oraise snid waters nnd arrest all personH, and seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein. The act entitled "An act to extend to the North Pacific Ocean the provisions of the statutes for the protection of the fur seals and other fur-bearing animals," approved February 21, 1893. provides: That whenever the Government of the United States shall conclude an effective international arrangenieiit for the protection of fur seals in the North Paciflo Ocean, by agreement with {iny power, or as a result of the decision of the Tribunal of Arbi- tration under the convention oonoludod between the United States and Great Britain February twenty-ninth, eighteen hundred and ninety-two, and so long as such arrangement shall continue, the provisions of section nineteen hundred and fifty-six of the Revised Statutes, and all other provisions of the statutes of the United States, so far OS the same may be applicable, relative to the protection of fur seals and other fur-bearing animals within the limits of Alaska, or in the waters thereof, shall be extended to and over all that portion of the Pacific Ocean iuoluded in such inter- national arrangement. Whenever un efiective international arrangement is con- cluded as aforesaid, it shall be the duty of the President to declare that fact by pi-oolamation, and to designate the portion of tho I'acific Ocean to which it is appli- cable, and that this act has become ojierative ; and likewise, when such arrangement cuases, to declare that fact, and that this act has become inoperative, and his proc- lamation in respect thereto shall be conclusive. During the extension as aforesaid of said laws for the protection of fur seals or other fur-bearing animals, all viola- tions thereof in said designated portion of the Pacific Ocean shall be held to be the same as if committed within the limits of Alaska or in the waters thereof, but they may be prosecuted ei'ber in the district court of Alaska cr in any disi^rict court of the United St^ tuH iu i'ri)ifornia, Oregon, or Washington. An arrangemrier ii having been made for the protection of fur seals, as a result of tiie decision of the Tribunal of Arbitration under the con- vention concluded as aforesaid, February 29, 1892, which prohibits the killing of seals at any time within a radius of sixty miles around the Pribilof Islands, or during May, June, and July of each year, in that portion of the Pacific Ocean, inclusive of Bering Sea, situated to the north of the 35th degree of north latitude, and eastward of the 180th degree of longitude from Greenwich until it strikes the water bound- ary described in article one cf the treaty of 18G7 between the United States and Russia, and following that Hue up to Bering Straits : Now, therefore, be it known that I, Grover Cleveland, President of the United States of America, hereby declare that the said act of Congress of February 21, 1893, has become operative; that, in accord- ance therewith, section 1956 of the Revised Statutes is applicable to the waters above mentioned, included in the award of the Tribunal at Paris given under the said convention of February 29, 1892, and that I have caused the foregoing laws specially to be proclaimed to the end that their provisions may be known and observed. J. Uweby proclaim that every persqu guilty of a violation Qf the pro- PUS-SEAL FISHERIES IN BERING SEA. 87 ise the same to be ■e be published, at 1 persons against said section ; and gently crnise snid or to have been, Bifio Ocean the leals and other des: dude an effective th Paciflo Ocean, fribanal of Arbi- »ud Great Britain BO long as such Ired and fifty-six he United States, r seals and other thereof, shall be )d in such inter- ngement is con- are that fact by vhioh it is appli- uch arrangement ve, and his proc- sion as aforesaid limals, all viola- be held to be the hereof, but they disvrict conrt of }f fur seals, as inder the con- L prohibits the es around the I year, in that itnated to the [ of the 180th water bound- en the United straits : ad, President le said act of lat, in accord- applicable to e Tribunal at 892, and that led to the end )u Qf the prq- visions of said laws and of any other i)rovision8 of the statutes o^ the United States so far as the same may be applicable relative to the pro- tection of fur-bearing animals within the limits of Alaska or in the waters thereof, will be arrested and punished as therein provided, and all vessels so engaged, their tackle, apparel, furniture, and cargo, will be seized and forfeited. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this fourteenth day of April, in the year of our Lord one thousand eight hundred and ninety-six, and of the Independence of the United States the one hundred and twentieth. [SE/T ,] Gboveb Cleveland. By the President: BiCHABD Olnet, Secretary of State. ACTS OF PARLIAMEITT AHD ORDERS IK COnNCIL SBAIi FISHING (BBHRINQ'S SEA) ACT 1891. PUBUO OENESAL STATUTES, VOL. XXVIH, 1891, LIV, LV. 710. Chapter 19. — An act to enable Her Majesty, by order in Council, to make special provision for prohibiting the catching of seals in Behring's Sea by Her Majesty's subjects during the period named in the order. (11th June, 1891.) Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1) Her Majesty the Queen may, by order in council, prohibit the catching of seals by British ships in Behring's Sea, or such part thereof as is defined by the said order, during the period limited by the order. (2) While an order in council under this act is in force — (a) A person belonging to a British ship shall not kill, or take, or hunt, or attempt to kill or take, any seal within Behring's Sea during the period limited by the order; and (6) A British ship shall not, nor shall any of the equipment or crew thereof, b^ used or employed in such killing, taking, hunting, or attempt. (3) If there is any contravention of this act, any person committing, procuring, aiding, or abetting such contravention shall be guilty of a misdemeanor within the meaning of the merchant shipping act, 1854, and the ship and her equipment and everything on board thereof shall be forfeited to Her Majesty as if an ottence had been committed under section one hundred and three of the said act, and the provisions of sections one hundred and three and one hundred and four, and part ten of the said act (which are set out in the E^chedule to this act) shall apply TT 38 PUR-SEAL FISHERIES IN BERING SEA. i I'll I aa if they were herein re-enacted, and in terms made applicable to an offence and forfeiture under this act. (4) Any commissioned officer on full pay in the naval service of Her Majesty shall have power, during the period limited by the order, to stop and examine any British ship in Behring's Sea, and to detain her or any portion of her equipment, or any of her crew, if, in his judg- ment, the ship is being or is preparing to be used or employed in contravention of this section. (5) If a British ship is found within BoLring's Sea having on board thereof fishing or shooting implements or seal skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in contravention of tiiis act. 2. (1) Her Majesty, the Queen, in Council, may make, revoke, and liter orders for the purposes of this act, and every such order sb'Jl be forthwith laid before both Houses of Parliament and published in the London Gi zette. (2) Any such order may contain any limitations, conditions, qualifi- cations, and b^ceptions which appear to Her Majesty in Council expe- dient for carrying into effect the object of this act. 3. (1) This act shall apply to the animal known as the fur seal, and to any marine animal specified in that behalf by an ord ar in council under this act, and the expression "seal" in this act sliaF be construed accordingly. (2) The expression "Behring's Sea" in this act means the seas known as Behring's Sea within the limita described in an order under this act. (3) The expi'ession "equipment" in this act includes any boat, tackle, fishing or shooting instruments, and other things belonging to the ship. (4) This act may be cited as the seal fishery (Behring's Sea) act, 1891. (Here follow schedules same as those in Behring Sea award act, 1894.) I i!l I SEAL IXSHING (BEHRING'S SEA) ORDER TN CCtrNCII. 1891. AT T7E COUBT AT WINDSOR, THZ 23BD DAY OF JUNE, 1891. Present, the Queen's Most Excellent Majesty, Lord President, Mar- quess of Salisbury, Earl of Jjimerick, Lord Arthur Hill. Whereas by the seal fishery (Behring's Sea) act, 1891, it is enacted that Her Majesty the Queen may by order in council prohibit the catching of seals by British ships in Behring's Soa, or such part thereof as is defined by the said order, during the i)eriod limited by the order; And whereas the expression "Behring's Sea" ':\ the said act means the seas known as Behring's Sea within the limits described in an order under the said act : Now, therefore. Her Majes^^^y, in virtue of the powers vested in her by the said recited act, by and with the advice of Her Privy Council, is hereby pleased to ordor, and it is hereby oidered, as follows: 1. This order may be cited as th*i seal fishery (Behring's Sea) order iu cooncil, 1801. ipplicable to an I service of Her )y the order, to d to detain her if, in his judg- or employed in aving on board bodies of seals, e that the ship e, revoke, and I order ah-^M be iblished in the ditions, qualifi- Conncil ezpe- B fur seal, and [•d<}r in council r be construed the seas known under this act. ly boat, tackle, ng to the ship. Sea) act, 1891. rard act, 1894.) NCII. 1891. mai. resident, Mar- , it is enacted I prohibit tlic h part thereof by the order j lid act means ed in an order 3ted in her by vy (/ouucil, is f's Sea) order FUR-SEAL FISHERIES IN BERING SEA. 89 2. From and after the 24th day of Jun«», 1891, until the Ist day of May, 1892, the cat^^ang of seals by British ships in Behring's Sea, as hereinafter defined, is hereby prohibited. 3. For the purposes of the said recited act and of this order the expression "Behring's Sea" means so much of that part of the Pacific Ocean known as Behring's Sea as lies betw'in the parallel of 65° 30' north latitude and the chain of the Aleutian Islands, and eastward of the following line of demarcation, that is to say, a line commencing at a point in Behring's Straits on the said parallel of 65° 30' north latitude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook and the island of Eatmanofif or Noonarbook, and proceeding thence in a course nearly southwest through Behring's Straits and the seas known as Behring's Sea, so as to pass midway between the northwest point of the island of St. Law- rence and the southeast point of Cape Ohoukotski to the meridian of 172° west longitude; thence from the intersection of that meridian in a southwesterly direction, so as to pass midway between the island of Attou and the Copper Island of the Kormandorski couplet or roup in the North Pacific Ocean, to the meridian of 193° west longitude. . O. L. Peel. SEAL FISHING (BEHRINO'S SEA) ORDER IN COUNCIL 1892. AT THE COUBT AT WINCSOB, THE 9TH DAT OF MAY, 1892. Present, the Quean's Most Excellent Majesty, Lord President, Lord Steward, 7J)arl of Yarborough, Sir Walter Barttelot, Bart., Mr. Forwood. Whereas by the seal fishery (tvehring'a Sea) act, 1891, it is enacted that Her Majesty the Queen may by order in council prohibit the catch- ing of Reals by British ships in Behring's Sea, or such part thereof as is defined by the said order, during the period limited by the order; And whereas the expression "Behring's Sea" in the said act means the seas known as Behring's Sea within the limits described in an order under the said act; And whereaw an order in council was issued on the 23rd day of June, 1891, prohibiting the catching of seals by British ships in Behring's Sea, as therein dertned, until the 1st day of May, 1892: Now, therefore, Her M ijesty, in virtue of the powers vested in her by the said recited act, by and with the advice of Her Privy Council, is hereby pleased to order, aiul it is hereby oiuered, ao follows: 1. This order may be cited as the seal fishery (Behring's Sea) order in council, 1892. 2. From and after the date of the present order until the 1st day of May, 1893, the catching of seals by British ships in Behring's Sp^ '*s hereinafter defined is hereby prohibited. 3. For the purposes of the said recited act and of this order the expres- sion "Behring's Sea'' means so much of that part of the Pacific Ocean known as Behring's Sea as lies between the parallel of 65° 30' north 40 FUR-SEAL FISHERIES IN BERING SEA. t '' ■ n latitude and the chain of the Aleutian Islands, and eastward of t\ following line of demarcation, that is to say, a line commencing at point in Behring'B Straits on the said parallel of 65° 30' north latituc at its intersection by the meridian which passes midway between tl| islands of Krusenstern or Ignalook and the island of Eatmanoff Noonarbook; and proceeding thence in a course nearly south we| through Behring's Straits and the seas known as Behring's Sea, so to pass midway between the northwest point of the island of St. La^ rence and the southeast point of Cape Ohoukotrfii to the meridian 172° west longitude ; thence from the intersection of that meridian in | southwesterly direction, so as to pass midwav b^ :wc«u the island Attou and the Copper Island of the Kormand'" M . < i.'et or group i| the North Pacific Ocean to the meridian of 19y <\rbn\: longitude. Heebeet M, Supt. 'I i'fl ! I I '! SEAL FISHING (BEHRING'S SEA) ORDER TN COUNCIL 1893. AT THE COUST AT WIKDSOB, THE 16TH DAT OF MAT, 1893. Present, the Queen's Most Excellent Majesty, Lord President, Mar quess of Bipon, Mr. Secretary Asquith. Whereas by '-the seal fishery (Behring's Sea) act 1891," it is enacted that Her Majesty the Queen may by order in council prohibit thf oitch ing of seals by British ships in Behring's Sea or such part the.\i(, longitude. Heebeet M. Supt. JN COUNCIL 1893. r OF MAT, 1898. » Lord President, Mar- act 1891," it if» enacted ncil prohibit thp ottch- such partthev .,r :5,f ig ;ed by the or ,}?': in the S8' & , isir^j^^jg 8 described iQ.^ ider I the twenty-third day y-one, prohibiting the lea, as therein defined, idred and ninety-two: ed on the ninth day of prohibiting the catch- therein 'c 'n**d, until I and nii.f ; M--ee. rowers vo j m a^r Her Privy Oou ncil, is as follows : (Behring's Sea) order er until the first day Jty-four, unless Her matching of seals by defined is hereby PUR-SEAL FISHERIES IN BERING SEA. 41 3. For the purposes of the said recited act and of this order the expression "Behring's Sea" means so much of that part of the Pacific Ocean known as Behring's Sea as lies between the parallel of 65° 30' north latitude and the chain of the Aleutian Islands, and eastward of the following line of demarcation — that is to say, a line commencing at a point in Behring's Straits on the said parallel of 65° 30' north lati- tude, at its intersection by the meridian which passes midway between the islands of Krusenstern or Ignalook and the island of Eatmanoff or Noonarbook, and proceeding thence in a course nearly southwest through Behring's Straits and the seas known as Behring's Sea so as to pass midway between the northwest point of the island of Saint Law- rence and the southeast point of Cape Ohoukotski to the meridian of 172° west longitude; thence from the intersection of that meridian in a southwesterly direction so as to pass midway between the island ol Attou and the Coppor Island of the Kormandorski couplet or group in the North Pacific Ocean to the meridian of 193° west longitude. 0. L. Peel. (66 VICT.) SEAL FISHEBY (NOBTH PACIFIC) ACT, 1893. (CHAP. 23.) Chaptkr 23. — An act to provide for prohibiting the catching of seals at certain periods in Behring's Sea and other parts of the Pacific Ocean adjacent to Behring's Sea. (June 29, 1893.) Whereas it is expedient to extend the seal fishery (Behring's Sea) act, 1891, to other waters of the North Pacific Ocean adjacent to Behring's Sea, and for that purpose to repeal and reenaot that act: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, '.r_ this present Parliament assembled, and by the au- thority of the f ame, as follows: 1. (1) Her Majesty, the Queen, may, by order in council, prohibit during the period specified by the order, the catching of seals by Brit- ish ships in such parts of the seas to which this act applies as are specified by the order. (2) While an order in council under this act is in force — (a) A person belonging to a British ship shall not kill, take, or IdXiv.t, or attempt to kill or take, any seal during the period and within the seas specified by the order; and (h) A British ship shall not, nor shall any of the equipment or crew thereof, be used or employed in such killing, taking, hunting, or attempt. (3) If there is any contravention of this act, any person committing, procuring, aiding, or abetting such contravention shalf be guilty of a misdemeanor v.ithin the meaning of the merchant shipping act, 1854, and the ship and her equipment, and everything on board thereof, shall be forfeited to Her Majoaty as if an oflFence had been committed under section one hundred and three of the said act, anu the provisions of 4t FUR-SEAL FISHERIES IN BERING SEA. i ! if ill ii -I'll iii liliil'H sections one hundred and three and one hundred and four, and part ten of the said act, and of section thirty-four of the merchant shipping act, 1876 (which are set out in the schedule to this act), shall apply as if they were herein reenacted and in terms made applicable to an offence and forfeiture under this act, and any commissioned officer on full pay in the naval service of Her Mtyesty the Queen may seize the ship's cer- tificate of registry. (4) Any commissioned officer on full pay in the naval service of Her 'Hty the Queen shall have power, during the period and in the seas t< led by the order, to stop and examine any British ship, and to detciin her, or any portion of her equipment, or any of her crew, if in his judgment the ship is being or is preparing to be used or employed in contravention of this section. (5) For carrying into effect an arrangement with any foreign State, an order in council under this act may provide that such officers of that State as are specified in the order may exercise the like powers under this act as may be e^^^eroised by such a commissioned officer as aforesaid in relation to a British ship, and the equipmen^l and rrew and certificate thereof, and that such British officers i«8 are specified in the order may exercise, with the necessary modifications, the powers conferred by this act in relation to a ship of the said foreign State, and the equipment and crew and papers thereof. (6) If during the period and within the seas specified by the order a British ship is found having on board thereof fishing or shooting imple- ments or seal skins or bodies of seals, it shall lie on the owner or master of such ship to prove that the ship was not used or employed in con- travention of this act. 2. (1) Where an officer has power under this act to seize a ship's certificate of registry, he may either retain the certificate and give a provisional certificate in lieu thereof, or return the certificate with an indorsement of the grounds on M'hich it was seized, and in either case may direct the ship, by an addition to the provisional certificate or to the indorsement, to proceed forthwith to a specified port, being a port where there is a British court having authority to adjudicate in the matter, and if this direction is not complied with the owner and mas- ter of the ship shall, without prejudice to any other liability, each be liable to a fiue not exceeding one hundred pounds. (2) Where in pursuance of this section a provisional certificate is given to a ship or the ship's certificate is indorsed, any British officer of customs or British consular officer may detain the ship until satis- factory security is given for her appearance in any legal proceedings which may be taken against her in pursuance of this act. 3. (1) A statement in writing, purporting to be signed by an officer having power in pursuance of this act to stop and examine a ship, as to the circumstances under which or grounds on which he stopped and examined the ship, shall be admissible in any proceedings, civil or erimiual, as evidence of the £icts or matters therein stated. FUR-SEAL FISHERIES IN BERING SEA. 43 , and part ten shipping act, 1,11 apply as if to an offence er on full pay he ship's cer- ervice of Her id in the seas ship, and to er crew, if in or employed foreign State, ich officers of e like powers sioned officer lenJ; and orew are specified 18, the powers gn State, and ly the order a looting imple- ner or master )loyed in con- seize a ship's be and give a Acate with an in either case rtificate or to , being a port idicatc in the ner and mas- ility, each be certificate is British officer p until satis- proceedings by an officer le a ship, as stopped and ings, civil or 1. (2) If evidence contained in any such statement was taken on oath in the presence of the person charged in the evidence, and that person had an opportunity of cross-examining the person giving the evidence and of making his reply to the evidence, the officer making the state- ment may certify that the evidence was so taken and that there was such opportunity, as aforesaid. 4. (1) Her Majesty the Queen, in council, may make, revoke, and alter orders fir the purpose of this act, and every such order shall be forthwith laid before both Houses of Parliament and published in the London Gazette. (2) Any such order may contain any limitations, conditions, qualifi- cations, and exceptions which appear to Her Majesty in council expedi- ent for carrying into effect the object of this act. 6. (1) This act shall apply to the animal known as the fur seal, and to any marine animal specified in that behalf by an order in council under this act, and the expression <'<:>.)r and se^ of the seals captured upon ee lawful for "^al service of :i8h consular luch applica- tohini; and in respect of lade without n relation to tail be made r of the ship that has occasioned such damage; and the production of the order of the judge tnade in relation to such security shall be conclusive evi- dence of the liability of such defendant or defender to such action, suit J or other proceeding. Legal procedure (Scotland). Section 530. In Scotland every offence which by this act is described as a felony or misdemeanor may be prosecuted by indictment or ciimiual etters at the instance of Her Majesty's Advocate before the high court of justiciary, or by criminal libel at the instance of the procurator fiscal of the county, before the sheriff, and shall be punishable with fine and with imprisonment, with or without hard labour in default of pay- ment, or with imprisonment, with or without hard labour, or with both, as the court may tliink fit, or in tlie case of felony with penal servitude, wliere'the coiirt is competent thereto; and such court may also, if it think fit, order i)ayment by the offender of the costs .and expenses ot the prosecution. Section 531. In Scotland, all prosecutions, complaints, actions, or proceedings under this act, other than prosecutions for felonies or mis- demeanors, may be brought in a !=iuminary form before the sheriff" of the county, or before any two ji ct's of the peace of the county or burgh where the cause of such pi secution or action arises, or wliere the offender or defender may be for the tim , and when of a criminal nature or for penalties, at the instance of lUo procurator flKcal of court, or at the instance of any party aggrieved, with voiicurrencf of the pro- curator fiscal of court; and the court may, if it think fit, order payment by the offender or defender of the costs of the prosecui ion or at ■: 'mi. Section 532. In Scotland all prosecutions, comphunts, actions, or other proceedings under this .act maybe brought either in a written or printed form, or partly written .and partly printed, and where such proceedings are brought in a summary form it shall not necessary in the complaint to recite or set forth the clause or clau a the .act ou which such proceeding is founded, but it shall be suflficioiit to specify or ref ir to such clause or clauses, .and to set forth shortly the cause of com- plaint or action and the remedy sought; and when such complaint or action is brought in whole or in part for the enforcement of a pecuniary debt or demand, the complaint may contain a prayer for warrant to arrest upon the dependence. Section 533. In Scotland, on any complaint or other proceeding brought in a summary form under this act being presented to the sheriff" clerk or clerk of the peace, he shall grant warrant to cite the de- fender to appear personally before the said sheriff or justices of the peace on a d.ay fixed, and at the same time shall appoint a copy of the H.ame to be delivered to fiim by a sheriff officer or constable, as the case m.ay be, along with the citation ; and such deliverance shall also contain a warrant for citing witnesses and havers to coinx)ear at the same time 56 PUB-SEAL FISHERIES IN BERING SEA, and place to give evidence and produce such writs as may be specified in their citation ; and where such warrant has been prayed for in the com- plaint or other proceeding, the deliverance of the sheriff clerk or clerk of the peace shall also contain warrant to arrest upon the dependence in common form : Provided always, that where the apprehension of any party, with or without a warrant, is authorized by this act, such party may be detained in custody until he can be brought at the earliest opportunity before any two justices, or the sheriff who may have juris- diction in the place, to be dealt with as this act directs, and no citation or inducise shall in such case be necessary. Section 534. When it becomes necessary to execute such arrest- ment on the dependence against goods or effects of the defender within Scotland, but not locally situated within the jurisdiction of the sheriff' or justices of the peace by whom the warrant to arrest has been granted, it shall be competent to carry the warrant into execution on its being indorsed by the sheriff' clerk or clerk of the peace of the county or burgh respectively within which such warrant comes to be executed. Section 535. In all proceedings under this act in Scotland the sheriff or justices of the peace shall have the same power of compelling attendance of witnesses and havers as in cases falling under their ordi- nary jurisdiction. Section 536. The whole procedure in cases brought in a summary form before the sheriff or justices of the peace in Scotland shall be con- ducted viva voce, without written pleadings, and without taking down the evidence in writing, and no record shall be kept of the proceedings other than the complaint, and the sentence or decree pronounced thereon. Section 537. It shall be in the power of the sheriff or justices of the peace in Scotland to adjourn the proceedings from time to time to any day or days to be fixed by them, in the event of absence of wit- nesses or of any other cause which shall appear to them to render such adjournment . ^sessary. Section 538. In Scotland all sentences and decrees to be pronounced by the sheriff or justices of the peace upon such summary complaints shall be in writing; and where tliore is a decree for payment of any sum or sums of money against a defender, such decree shall contain warrant for arrestment, poinding, and imprisonment in d i'ault of pay- ment, such arrestment, poinding?, or imprisonment to be carried into effect by sheriff's, oflBcers, or constables, as the case may be, in the same manner as in cases arising under the ordinary jurisdiction in the sheriff or justices: Provided always, that nothing herein contained shall bo taken or construed to repeal or affect an act of the fifth and sixth years of William the Fourth, intituled "An act for abolishing, in Scotland, imprisonment for civil debts of small amount." Section 539. In all summary complaints and proceietlings for recov- ery of any penalty or sum of money in Scotland, if a defender who has T FUR-SEAL HSHERIES IN BERING SEA. 67 e specirted in the com- •k or clerk ependence 5ion of any such party he earliest have juris- no citation ich arrest- ider iivithin the sheriff en granted, u its being e county or executed. 1 the sheriff compelling * their ordi- a summary hall be con- akin g down proceedings prononnced • justices of e to time to jnce of wit- render such pronounced complaints uent of any lall contain iiult of pay- carried into in the same 1 the sheriff led shall bo sixth years n Scotland, (8 for recov- ier who has been duly citeti shall not appear at the time and place required by the citation, he shall be held as confessed, and sentence or decree shall be pronounced against him in terms of the complaint, with such costs and expenses as to the court shall seem fit: Provided always, that he shall be entitled to obtain himself reponed against any such decree at any time before the same be fully implemented, by lodging with the clerk of court a reponing note, aijd consigning in his hands the sum decerned for, and the costs which had been awarded by the court, and on the same day delivering or transmitting through the post to the pursuer or his agent a copy of such reponing note; and a certificate by the clerk of court of such note having been lodged shall operate as a sist of dili- gence till the cause shall have been reheard and finally disposed of, which shall be on the next sitting of the court, or on any day to which the court shall then adjourn it. Section 640. In all summary complaints or other proceedings not brought for the recovery of any penalty or sum of money in Scotland, if a defender, being duly cited, shall fail to appear, the sheriff or jus- tices may grant warrant to apprehend and bring him before the court. Section 541. In all cases where sentences or decrees of the sheriff or justices require to be enforced within Scotland, but beyond the juris- diction of the sheriff or justices by whom such sentences or decrees have been pronounced, it shall be competent to carry the same into execution upon the same being indorsed by the sheriff clerk or clerk of the peace of the county or burgh within which such execution is to take place. Section 542. No order, decree, or sentence pronounced by any sheriff or justice of the peace in Scotland under the authority of thia act shall be quashed or vacated for any misnomer, informality, or defect of form; and all orders, decrees, and sentences so pronounced shall be final and conclusive, and not subject to suspension, advocation, reduction, or to any form of review or stay of execution, except on the ground of cor- ruption or malice on the part of the sheriff or justices, in which case the suspension, advocation, or reduction must be 'jrought within four- teen drys of the date of the order, decree, or sentence complained of: Provided always, That no stay of execution shall be competent to the effect of prc^ventinf immediate execution of such order, decree, or sentence. Sectioj>t o43. Such i>f the general provisions with respect to jurisdic- tion, procedure, and penalties contained in this act as are not inconsist- ent with the special rules hereinbefore laid down for the conduct of legal proceedings .^nd the recovery of penalties in Scotland, shall, so far as the same are applicable, extend to such last mentioned proceedings and penalties: Provided always. That nothing in this act contained shall be held in any way to annul or restrict the common law of Scot- land with regard to the prosecution or punishment of offences at the instance or by the direction of the lord advocate, or the rights of 58 FDR-SEAL FISHERIES IN BERINGr SEA. owners or creditors in regard to enforcing a judicial sale of any ship and tackle, or to give to the High Court of Adioiralty of England any jurisdiction in respect of salvage in Scotland wL ich it has not hereto- fore had or exercised. Enactment op Mbeohant- Shipping Act, 1876 (39 and 40 Vict., o. 80.), Applied. Section 34. Where under the merchant- shipping acts, 1854 to 1876, or any of them, a ship is authorized or ordered to be detained, any com- missioned officer on full pay in the naval or military service of Her Majesty, or any officer of the board of trade or customs, or any British consular officer may detain the ship; and if the ship, after such deten- tion or after service on the master of any notice of or order for such detention proceeds to sea before it is released by competent authority, the master of the ship, and also the owner, and any person who sends the ship to sea, if such owner or person be party or privy to the ottense, shall forfeit and pay to Her Majesty a penalty not exceeding one hun- dre'"" pounds. Where a ship so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized to detain the ship, or any surveyor or officer of the board of trade or customs, the owner and master of the ship shall eaeh be iia,61e to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also a penalty not exceeding one hundred pounds, or, if the offense is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port from which he is taken, and such expenses may be recovered in like manner as the penalty. BEHRIira SEA AWARD. ORDER IN COUNCIL 1894. AT THE COTJBT AT WINDSOR, THE 30TH DAY OF APRIL, 1894. Present, the Queen's Most Excellent Majesty, Lord President, Lord Steward, Earl of Chesterfield, Lord Chamberlain, Sir Charles Russell, Sir Frank Lascelles. Whereas by "the Behring Sea award act, 1894," it is enacted that Her Majfesty the Queen in council may make orders for carrying into effect the provisions of the Behring Sea arbitration award set out in the fivst schedule to that act, and therein referred to as the scheduled provisions: And whereas by 'he said act it is also enacted that an order in coun- cil made under thr.t act may provide that such officers of the United States of America, of, are bpecifled in the order may, in respect of offences PUR-SEAL FISHERIES IN BERING SEA. 59 any ship land any t hereto- ViOT., 0. i to 1876, any coin- e of Her y British ch deten- r for snch authority, ivho sends le offense, f one hun- rd thereof 1 the ship, the owner ses of and and also a nse is not 3 for every i as would 1 which he ner as the )4. 14. dent, Lord is Russell, acted that Tying into set out in scheduled er in coun- tbe United of offences under that act, exercise the like powers under that act as may be exer- cised by a commissioned olflcer of Her Majesty in relation to a British ship, and the equipment and certificate thereof, or such of those powers as appear to Her Majesty in council to be exercisable under the laws of the United States of America against ships of the United States, and that such British oflBcers as are specified in the order may exercise the powers conferred by that act, with any necessary modifications specified in the order, in relation to a ship of the United States of America and the equipment and certificate thereof; And whereas the powers which article 1 of this order confers upon the officers of the United States therein specified are powers which, in respect of offences under the said act, may be exercised by a commis- sioned oflBcerof Her Majesty in relation to a British ship and the equip- ment and certificate thereof, and appear to Her Majesty in council to be exercisable under the law of the United States against ships of the United States: Now,* therefore, Her Majesty, in virtue of the powers vested in her by the said recited act, and of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1. The commanding officer of any vessel belonging to the naval or revenue service of the United States of America, and appointed for the time being by the President of the United States for the purpose of carrying into effect the powers conferred by this article, the name of which vessel shall have been communicated by the President of the United States to Her Majesty as being a vessel so appointed as afore- said, may, if duly commissioned and instructed by the President in that behalf, seize and detaiij any British vessel which has become liable to be forfeited to Her Majesty under the provisions of the recited act, and may bring her for adjudication before any such British court of aCjii- i\lty as is referred to in section 103 of "the merchant shipping act, 1864" (which section is set out in the second schedule to the recited act), or may deliver her to any such British officer as is mentioned in the said section for the purpose of being dealt with parsnant to the recited act. 2. The comma»:ding officer of any vessel belonging to the naval or revenue service of Her Majesty, and appointed for the time b'>ing ly Her Majesty for the purpose of carrying into effect the powers (con- ferred by this article, the name of which vessel shall have been com- municated by Her Majesty to the President of the United States as being a vessel so appointed as aforesaid, may, if duly commise.ioned and instriicted by Her Majesty, in that behalf, exercise the powers conferred by the recited act in relation to a ship of the United States : Provided that such officer, after seizing and detaining a ship of the United States in exercise of the said powers, shall take her for adju- dication before a court of the United States having jurisdiction to eo ttm-SfiAii MSttERlES IK &ERmO SEA. adjudicate in tbe matter, or deliver her to any naval or revenue officer or other authorities of the United States. 3. Until arrangements for giving further effect to articles 4 and 7 of the said scheduled provisions shall have been made between Her Maj- esty and the Government of the United States, the following provisions should have effect: {f.) A Secretary of State, or any person duly authorized by him for the purpose, may grant a special licence in such form and manner as he may think lit to any British sailing vessel authorizing such vessel for the present year to fish for fur seals during the period of time in the manner and in the waters in which fur-seai fishing is allowed by the recited act, and until tlie delivery of such special licence any British sailing vessel which before the date of this order has left port and is or is intended to be employed in the said fishing shall be deemed to have been duly authorized and duly provided with a special licence within the meaning of the said article 4; and all persons on board any such vessel, which is or is deemed to have been provided with a*special licence, shall be deemed to have been duly authorized to engage in fur- seal fishing within the meaning of the said article 7. (6) A Secretary of State may, by notice published in the " London Gazette," prescribe the flag to be used by such British vessels as are, or shall be, authorized to fish for fur seals under the provisions of this order, and may cause one such flag to be delivered to each authorized vessel which has left port before receiving a special licence; and every vessel which before leaving port has received a special licence, and every authorized vessel to which such flag shall have been delivered, shall carry such flag during the period of time and in the waters in which fur-seal fishing is allowed by the recited act, and shall hoist it at such times and in such manner as may. be prescribed by such notice. (o) A Secretary of State may give such further provisional directions as he may deem necessary for the due observance of the provisions of the recited act and this order, and any such directions, on being pub- lished in such manner as he may direct, shall be observed as if they were contained in this order. 4. This order may be cited as " the Behring Sea award order in council, 1894." And the Right Honourable the Earl of Kimberley, K. G., the Most Honourable the Marquis of Ripon, K. G., two of Her Majesty's Prin- cipal Secretaries of State, and the Lords Commissioners of the Admi- ralty are to give the necessary directions . herein as to them may respectively appertain. 0. L. Peel. :} ■■'> FUS-SEAL FISHERIES IN BERING SEA. 61 e officer and 7 of ler Maj- ovisions him for tinner as ih vessel ' time in owed by nice any left port B deemed 1,1 licence oard any a 'special ge in fur- " London sis as are, ns of this uthorized and every ence, and delivered, waters sn hoist it at 1 notice, directions (Visions of eing pub- as if they order in , the Most ity's Prin- the Admi- them may I. Pebl. BBHRIjNO SEA AWARD. ORDER IN COUNCIL (MO. 2), 1894. AT THE COUBT AT WDTDSOB, TH£ 2nH DAY OF JUITE, 1894. Present, the Queen's Most Excellent Mjyesty, Earl Spencer, Lord Chamberlain, Lord Kensington. Whereas by " the Behriug Sea award act, 1894," it is enacted that Her Majesty the Queen in council may make orders for carrying into effect the provisions of the Behring Sea arbitration award set out in the first schedule to that act, and therein referred to as the scheduled provisions : And whereas by article 3 of "the Behring Sea award order in council, 1894," Her Majesty ordered that until arrangements for giving further etteot to articles 4 and 7 of the said scheduled provisions should have been made between Her Majesty and tlie Government of the United States, the provisions contained in that article should have effect; And whereas arrangements have been made for giving further effect to the said articles, and for regulating during the present year the fish- ing for fur seals in accordance with the said scheduled provisions; and it is expedient that effect should be given to those arrangements by an order in council under the said act : Now, therefore. Her Majesty, in virtue of the powers vested in her by the said recited act, and of all other powers enabling her in that behalf is hereby pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: 1. On the application of the owner of any British sailing vessel intended to be employed in fur-seal fishing under the provisions of the recited act, a Secretary of State may, if satisfactory evidejice as required by the said article 7 has been given by such owner of the fit- ness of the men to be employed by him on the said vessel in the said fishing, grant a special licence in the form in the schedule hereto, authorizing that vessel for the present year to fish for fur seals during the period in the manner and in the waters in which fur-seal fishing is allowed by the recited act; and the said special licence, when so granted, shall be carried on board the said vessel at all times while so employed. 2. Every British sailing vessel provided with a special licence under this order or the recited order, or which, under the recited order, is deemed to have been so provided, shall show under her national colours a flag, not less than 4 feet square, of two equal triangular pieces, yel- low and black, joined from the right hand upper coruei of the fly to the left-hand lower corner of the luff, the part above and to the left to be black, and the part to the right and below to be yellow. 3. If, in the case of any vessel, there is any contravention of these regulations, the Secretary of State, whether any penalty has been recovered under the recited act or not, may revoke the special licence. 4. Article 3 of the recited order is hereby repealed, without prejudice, however, to any authorization given thereunder. 68 FUR-SEAL FISHEHIKr, IN BERING SEA. 5. This order may be cited as ^' the Behring ISea award order in council (No. 2), 1894," and the recited order and this order may together be cited as "the Behring Sea award orders in council, 1894." And the Right Honourable the Earl of Kiraberley, K. G., and the Most Honourable the Marquess of Kipon, K. G., two of Her Majesty's principal secretaries of state, and the lords of the admiralty are to give the necessary directions herein as to them respectively appertain. 0. L. Peel. SOHEUULE. FORM OF SPECIAL LICENSE. Behring 8ea award act 1894; Behring Sea award orders in oouncilf 1894. SPECIAL MCEM8R. Whereas the British sailing vessel is intended to be employed during the present year in fishing for fur seals under the provisions of "the Behring Sea award tvct, 1894;" And whereas A. B., the owner (or A. B. and others, owners) of the said vessel have given satisfactory evidence of the fitness of the men who are to be employed on board the said vessel in the said fishing: Now, therefore, in pursuance of the above-mentioned act and orders in council, I here^-y authorize the said vessel for the present year to be employed in fur-ser 1 fishing during the period of time in the manner and in the waters in which fur-seal fishing is allowed by the above- mentioned act. This special license is subject to revocation in case of any contraven- tion of the above-mentioned act or orders in council. Given under my hand this day of , 1894. (Signed) , Secretary of State. -4 }% m BBHRnra sea award, order in council, isss. AT THE CODBT AT OSBOBNE HOUSE, ISLE OF WIGHT, THE 2ND DAT OF FEBBUAB7, 1895. Present, the Queen's Most Excellent Majesty, Lord President, Mar- quess of Ripou, Lord Ohamberlain, Lord Kensington, Mr. Cecil Rhodes. Whereas by "the Behring Sea award act, 1894," it is enacted that Her Majesty the Queen in Oouncil may make orders for carrying into efiect the provisions of the Behring Sea arbitration award set out in the first schedule to that act, and therein referred to as the scheduled provisions; And whereas arrangements have been made between Her Majesty and the Government of the United States for giving effect to articles FUR-BEAL FISHERIES IN BERJNO SEA. 63 council ther be and the ajesty's are to pertain. ?EEL. cil, 1894. ni ployed isious of i) of the the lueu shiug : id orders ear to be ^ manner le above- )ntraven- f State. 5. LT OF lent, Mar- il Ehodes. icted that rying into set out in Hoheduled 4 and 7 of the said scheduled provisions, and it is expedient that effect should be given to those arrangements by ai: order in council under the said act : Now, therefore, Her Majesty, in virtue of the powers vested in her by the said recited act, and of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows : 1. On the application of the owner or master of any British sailing vessel intended to be employed in fui-seal fishing niidor the provisious of the recited act, a secretary of state, or any person duly authorized by him for the purpose, may, if satisfactory evidence as required by the said article 7 has been given by such owner or master of the fitness of the men to be employed by him on the said vessel in the said fishing, grant a special licence in the form in the schedule hereto, authorizing that vessel (for the year mentioned in the licence) to flsh for fur seals during the period in the manner and in the waters in which fur-seal fishing is allowed by the recited act; and the said special licence, when so granted, shall be carried on board the said vessel at all times while so employed. 2. Every British sailing vessel provided with a special licence under this order shall show, under her national colours, a flag, not less than 4 feet square, of two equal triangular pieces, yellow and blaclc. Joined from the right-hand upper corner of the fly to the left-hand lower corner of the lufi", the part above and to the left to be black, and the part to the right and below to be yellow. 3. If in the case of any vessel there is any contravention of these regulations a secretary of state, or any person duly authorized by him for the purpose, whether any penalty has been recovered under the recited act or not, may revoke the special licence, whether the same was granted by a secretary of state or by such person. 4. This order may be cited as " the Behring Sea award order in council, 1895," and "the Behring Sea award order in council, 1894," and this order may together be cited as "the Behring Sea award orders in council, 1894 and 1895." And the Right Honourable the Earl of Kimberley, K. G., and the Most Honourable the Marquess of liipon, K. G., two of Her Majesty's principal secretaries of state and the lords of the admiralty are tc give the recessary directions herein as to them respectively appertain. And whereas the immediate operation of this order is urgent, this order shall come into operation forthwith. C. L. Feel. r Majesty to articles 64 FUR-SEAL FISHERIES IN UERINQ SEA. SOIIEDULB. FOBM OF SFEOIAL LIOENSB. ii h ,1 1'l I, > h '> 'i ■ft", I |i 1*1 I The Behring Sea award act, 1891; the Behring Sea award order in oouncilf 1895, SPECIAL LICENSE. "Whereas the British sailing vessel is intended to be employed in fishing for fur seals under the provisions of "the Behring Sea aw ud actj 1894." And whereas satisfactory evidence of the fitness of the men who are to be employed on board the said vessel in the said fishing has been given by A. B., the owner [or A. B, and others, owners, or 0. D., the master] of the said vessel. [And whereas I (name and descrij)tiou) have been duly authorized by a secretary of state to grant special licences under the provisions of the above-mentioned act and order in council.] Now, therefore, in pursuance of the above-mentioned act and oriic; 'l council, I hereby authorize the said vessel for the year [eighteen hun dred and ninety-five, or as the case may be] to be employed in fur-seal fishing during the period of time, in the manner and in the waters in which fhr-seal fishing is allowed by the above-mentioned act. This special licence is subject to revocation in case of any contraven- tion of the above-mentioned act or order in council. Given under my hand this day of — — — , 189— . (Signed) . 8EAI FISHEBIE8 (NOBTH PACIFIC) ACT, 1895. Chapter 21. — An act to i)rovido for prohibiting the catching of seals at certain periods in Behring Sea and other parts of the Pacific Ocean aer retain the PCxCiflcate and give a pro- visional certiticate in lieu thereof, o^ return the certificate with an indcrsement of the grounds on which it was seized ; and in either case may, if the b' ip appcirs to him to be liable to forfeiture, direct the ship, by an addition pj the provisional certificate or to the indorse- ment, to proceed forthwith to a specified port, being a port where there is a British court having authority to adjudicate in the matter, and if this direction is not complied with, the owner and master of the ship shall, without prejudice to any other liability, each be liable to a fine not exceeding one hundred pounds. (2) Where in pursuance of this Hwction a provisional certificate is given to a ship, or the ship's certificate is indorsed, any oflicer of cus- toms in Her Majesty's dominions or British consular officer may detain the ship, until satisfactory security is given for her appearance in any legal proceedings which may be taken against her in pur- suance of tliis act. 5. (1) A statement in writing, purporting to be signed by an officer having power in pursuance of this a-?t to stop and examine a ship, as to the circumstances under which or grouncis on which he stopped and examined the ship, shall be admissible in any proceedings, civil or criminal, as evidence of the facts or matters therein stated. (2) If evidence contained in any such statement was taken on oath in the presence of the person charged in the evidence, and that person had an opportunity of cross-examiniug the person giving the evidence and of making iiis reply to the evidence, the officer making the state- ment may certify that nhe evidence was so taken, and that there was such opportunity a* aforesaid. 6. (1) Her Majesty tiie Queen in council may make, revoke, and alter orders for the purp )se of this act, and every such order shall be forth- with laid before both Bx>uses of Parliaiueut and published in the Lon- don Gazette. (2) Any such order may contain any limitations, conditions, modifi- cations, and exceptions which appear to Her Majesty in council expedient for cairymg into eifect the object of this act. 7. (1) This act shall apply to the animal known as the fur seal, and to any marine animal specified in that behalf by an order in council under this act, and the expression '-seal " in this act shall be construed accordingly. (2) This act shall ipply to the seas within that part of the Pacific Ocean known as Behring's Sea. and within such other parts of the Pacific OcHan as are north of the Ibrty-second parallel of north latitude, and shall mo in addition to and not in derogation of the provisions of the liehring Sea awartl act, 1894. (3) The^xpressiou " t^quipment '' in this act includes any boat, tackle, fishing or shooting instruments, and other things belonging to a ship. PUR-8EAL FISHERIES IN BERING SEA. 67 (4) This act may be cited as the seal fisheries (North Pacific) act, 1895. (5) The seal fishery (IfTorth Pacific) act, 1893, is hereby repealed as from the passing of this act, but shall be deemed until that passing to have continued in force, and any order in council in force under that act shall continue as if it had been made in pursuance of this act. (6) This act shall remain in force until the thirty-first day of Decem- ber, one thousand eight hundred and ninety-seven, and no longer unless continued by Parliament. SEAL FISHBRmS (NORTH PACIFIC) ORDER IN COUNCIL 1895. AT THE COTIBT AT OSBOBNE HOUSE, ISLR OF WIGHT, THE 24TH SAT OF AUGUST, 1885. Present, the Queen's Most Excellent Majesty, Marquess of Salisbury, Earl of Coventry, Lord Arthur Hill. Whereas by "the seal fisheries (North Pacific) act, 1895," it is enacted that Her Majesty the Queen may by order in council prohibit, during the period specified by the order, the catching of seals by British ships in such parts of the seas to which that act applies as are specified by the order ; and that for carrying into eftect an arrangement with any foreign State an order in council may provide that the powers under the act of any t-ommissioned oflBcer on full pay in the naval service of Her Majesty the Queen may, subject to any limitations, conditiunu, modifications, and exceptions specified in the order, be exercised in relation to a British ship, and the equipment, crew, and certificate thereof, by such officers of the said foreign State as are specified in the order, and that any such order may contain any limitations, conditions, modifications, and exceptions which ai)pear to Her Majesty in council expedient for carrying into eflfect the object of ^hat act ; And whereas the said act applies to the seas within that part of the Pacific Ocean known as Behring Sea, and within such other parts of the North Pacific Ocean as are north of the forty-second parallel of north latitude ; And whereas an arrangement has been made between Her Majesty the Queen and His Majesty the Emperor of Russia whereby British ships engaged in hunting seals within such parts of the said seas as are hereinafter specified may be seized by Russian cruisers: Now, therefore. Her Majesty, in virtue of the powers vested in her by the said recited act, and of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of her privy council, to order, ard it is hereby ordered, as follows : 1. From and after the date of the present order, until Her Majesty in coundl shall otherwise direct, the catching of seals by British ships is hereby prohibited within suoh parts of the seas to which the recited 68 FUR-S£AL FISHEBIEB IN BERING SEA. aet applies as are comprised within the following zones (in tiiis order referred to as "the prohibited zones"), that is to say: (1) A zone of ten marine miles on all the Bnssian coasts of Behrinf; S^ea and the North Pacific Ocean; and (2) A zone of thirty marine miles round the Kormandorsky Islands and Tnl^new (Bobben Island). 2. The powers nndor thei recited act of a commissioned officer on fnll pay in the naval serxdee of Her M^esty may be exercised in relation to a British ship, and the equipment, crew, and certificate thereof, by the captain or other officer in command of any war vessel of His Maj- esty the Emperor of Eussia (hereinafter referred to as an "authorized EaaflHun offieer"), bict 8nbjpod and examined and detained the ahip, and that section sbaU apply accordingly. PUR-SEAL FISHERIES IN BERING SEA. 69 (2) Where the cotnmandiug officer of a British cruiser, or a British authority, receives a British ship from an authorized Bussian officer, and sends the case for adjudication in a British court, he shall, for the purposes of section 76 of "The merchant shipping act, 1894," be deemed to have himself seized or detained the said ship. 4. For the purposes of this order, the expression "British authority" means anyoflBcer of customs in Her Majesty's dominioos and any Brit- ish consular officer having authority as such in any port or place. 6. "The seal fishery (North Pacific) order in council, 1894," is hereby revoked, without prejudice to anything done or suflFered under that order. 6. This order may be cited as "The seal fisheries (North Pacific) order in council, 1895." And the Most Honourable the Marquess of Salisbury, K. G., and the Bight Honourable Joseph Camberlain, two of Her Majesty's principal secretaries of state, and the lords commissioners of the admiralty are to give the necessary directions herein as to them respectively appertain. And whereas the immediate operation of this order is urgent, this order shall come into operation forthwith, and shall be a provisional order within the meaning of the rules publication act, 1893. 0. L. Pesl. SEAL FISHERIES (NORTH PACIFIC) ORDER IN COUNCIL 189S. AT THE COUBT AT WINDSOS, THS 21ST DAT OF VOVEMBEB, 1898. Present, The Queen's Most Excellent Majesty, Lord President, Lord Privy Seal, Marquess of Lansdowne. Whereas by the "The seal fisheries (North Pacific) act, 1896," it is enacted that Her Majesty the Queen may by order in council prohibit, during the period specified by the order, the catching of seals by Brit- ish ships in such parts of the seas to which that act applies as are specified by the order; and that for carrying into effect an arrange- ment with any foreign State an order in council may provide that the powers under the act of any commissioned oflicer on full pay in the naval service of Her Majesty the Queen may, subject to any limitations, conditions, modifications, and exceptions specified in the order, be exercised in relation to a British ship, and the equipment, crew, and certificate thereof, by such offices of the said foreign State as are spec- ified in the order, and that any such order may contain any limitations, conditions, modifications, and exceptions which appear to Her Majesty in council expedient for carrying into eflfect the object of that act; And whereas the said act applies to the seas within that part of the Pacific (.)cean known as Buhring Sea, and within such other parts of the North Pacific Ocean as are north of the furty-second parallel of north latitude; 70 FUR-SEAL FISHERIES IN BERING SEA. And whereas an arrangement has been made between Her Majesty the Queen and Hid Majesty the Emperor of Russia whereby British ships engap;ed in hunting seals within such parts of the siiid seas as are hereini\fteT specified may be seized by Russian cruisers; And whcieas Her Majesty was pleased, by and with the advice of Her Privy Council, on the 24th day of August, 1895, to make an order in council as a, provisional order within the meaning of the rules publi- cation act, 1893; And whereas the provisions of the rules publication act, 1893, have been complied with : Now, thereforb, Her Majesty, in virtue of th(; powers vested in her by the said iratrecited act, ctnd of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows : 1. Fiom auu after the date of the present order, until Her Majesty in council shall otherwise direct, the catching of seals by British ships is hereby prohibited within such parts of the seas to which the recited act applies as are comprised within the following zones (in this order referred to as "the prohibited zones"), that is to say: ( 1 ) A zone of ten marine miles on all the Russian coasts of Behriug Sea and the North Pacific Ocean; and (2) A zone of thirty marine miles round the Kormandorsky Islands and Tul6new (Robben Island). 2. The powers under the recited act of a commissioned officer on full pay in the naval service of Her Majesty may be exerciBed in relation to a British ship, and the equipment, crew, and certificate thereof, by the capt-^^in or other officer in command of any war vessel of His Majesty the Emperor of Russia (hereinafter referred to as an "author- ized Russian officer"), but subject to the limitations, conditions, modi- fications, and exceptions following, that is to say: (1) The said powers shall not be exercised by an authorized Russian officer, except in relation to British ships engaged in hunting seals within either of the prohibited zones. (2) A British ship shall not be liable to seizure or detention by an authorized Russian officer by reason of the contravention of any regu- lations made under section 2 of the r&cited act. (3) The powers under section 3 of the recited act of detaining any portion of the equipment or nny of the crew, and the powers under section 4 of giving a provisional certifi<;ate in lieu of a ship's certificate which is seized and retained, or of indoisiiig on a certificate the grounds on which it was seized, and of directing tlie ship to proceed forthwith to a specified port, sliall not be exercised in relation to a British ship by an authorized Russian ofiicer. (4) Where an authorized Russian officer in exercise of the said pow- ers stops and examines and detains a British ship or her certificate of registry, he shall, as soon as possible, hand over the ship or deliver or transmit the certificate, ckS the case may be, either to the commanding FUB-SEAL FISHERIES IN BERING SEA. 71 officer of a British cruiser or to the nearest British authority, as defined by this order, and shall then, or within a reasonable time thereafter, satisfy such officer or authority that there were rea.sonable grounds for the detention or seizure, and that the case is proper to be adjudicated iii a Biitish court, and also furnish to such officer or authority the evi- dence sufficient, in the opinion of such officer or authority, for such adjudication; and if the said Eussian officer fails to satisfy such officer or authority, or to furnish to such officer or authority such sufficient evi- dence, as aforesaid, the said officer or authority may release the ship. 3. (1) Where the commanding officer of a British cruiser receives a British ship from an authorized Russian officer, and is satisfied that there were reasonable grounds for the detention or seizure, and that the case is proper to be a(\jui!icated in a British court, he may exercise the powers conferred by section 4 of the recited act as if he had him- self stopped and examined and detained the ship, and that section shall apply accordingly. (2) Where the commanding officer of a British cruiser, or a British authority, receives a British ship from an authorized Russian officer, and sends the case for adjudication in a British court, he shall, for the purposes of section 76 of "the merchant shipping act, 18'J4," be deemed to have himself seized or detained the said ship. 4. For the purposes of this order the expression "British authority" means any officer of customs in Her Majesty's dominions and any Brit- ish consular officer having authority as such in any port or place. 5. "The seal fishery (North Pacific) order in council, 1894," is hereby revoked, without prejudice to anything done or suffered under that order. 6. This order may be cited as "the seal fisheries (North Pacific) order in council, 1895." And the Most Honourable the Marquess of Salisbury, K. G., and the Right Honourable Joseph Chamberlain, two of Her Majesty's principal secretaries of state, and the lords commissioners of the admiralty, are to give the necessary directions herein as to them respectively appertain. 0. L. Peel. reoulatioirs oovebnuro vesslils employed hi sea-otteb hitmtino dubino the season of 1896, xtkder revised statutes, sectioit j966, akd act of c0n0be88 apfkoved febbuabt 21, 1883. Treasury Department, Office of the Secretary, Washington, D. 0., Ajn-il P9, 1896. Article I. Every vessel employed in sea-otter hunting, or in transporting sea- otter par ies, shall have in addition to the papers now required by law a special clearance and license. 1 tm 72 FUB-SEAL FISHERIES IN UERINQ SEA. Article II. Ko vessels propelled by steam sball be employed in sea-otter hunting within territorial waters — that is, within three miles of the shore — or for the purpose of transporting seaotter hunting parties within said territorial waters. Only sailing vessels and boats propelled by oars or paddles shall be so employed. Article in. The master of any vessel having on board skins of sea otter, mink, marten, sable, fur seal, or other fur- bearing animals, shall, before unlad- ing the same, report to the collector of customs at the first port of arrival of his vessel in the United States, aind shall file a manifest in detail of such skins with said collector. Article IV. Masters of vessels failing to comply with these regulations will be considered to have violated the provisions of Section 1956 of the Re- vised Statutes, hereinafter annexed, and will be liable to the penalty described therein. Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur seal, or other ftir- bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall, for each otfeiise, be lined not less than two hnndred nor more than one thonsand dollars, or imprisoned not more than Biz months, or both; and all vessels, their tackle, apparel, furniture, and cargo, found engaged in violation of this section shall be forfeited; but the Secretary of iho Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur Reals, under such regulivtion as lie may prescribe; and it shall be the duty of the Secretary tc prevent the killing of any f\ir seal, and to provide for the execution of the provisions of this section until it is otherwise provided by law; nor shall he grant any special privileges under this section. Article V. It will be the duty of ^Jne officers of the United States who may be in localities where sea otter are taken, or who may have knowledge of any such offense having been committed, to take all proper measures to entbrce the penalties of the law. Article VI. Vessels which have cleared in good faith for sea-otter hunting prior to the issuance of these regulations shall not be seized for a breach tliereof made in good faith, without knowledge of said regulations. Masters of said vessels shall, however, be warned by the United States oificers charged with the enforcement of these regulations, and shall be given a copy thereof. Article VII. The foregoing regulations are intended to apply only xo the season of 1896. J. Or. Oarlisls, Secretary, IKDEX. Aotoof Congrem: V«|t. Bevised Statotes, seotion 1956 1 March 2, 1889, relating to salmon fisheries 3,35 February 21, 1893, extending section 1956, Bevised Statutes, to North Pacific U April 6, 1894, giving effect to award 14 Penalty thereunder 26 Penalty extended to citizens of the United States 32 Proclamation of 28-31 Bales and regulations thereunder 33-34 April 24, 1894, amending section 1, act of April 6, 1894 31-32 June 6, 1894, supplementary to act of April 6, 1894, extending penalties to citizens of the United States 32-33 Acts of Parliament and orders in council 37-71 1891. "8ealfi8hing(Behring'8 8ea), actof 1891" 37-38 Penalty thereunder 37 Bepealed 48 Violation of, a misdemeanor 37,41 1893. "Seal fishery (North Pacific), actof 1893" 41-43 Repealed 67 1894. " Behring Sea award act, 1894" 45-51 1896. " Seal fisheries (North Pacific), act of 1895 " 64-67 Remain in force, how long 67 To wLat animals applicable 66 To what waters applicable 66 Acts, shipping 41,42,46,50,51,58 Ada 22 Agents, British, to visit Seal Islands 6 Agreement for arbitration , 6-10 Agreement, international 14,36 Alfred Adams 22 Anna Black 22 Arbitration : Agreement for 6-10 Cases, submission of 7 Points to be decided 8 Questions for 7 Tribunal, how constituted 7 Tribunal, meeting of 7 Areaof protection 18,23,25,28,29,36,45,49,68 Ariel 22 Arms, sealing of 33,34 Article III, order in council revoked 61 Award of Tribunal 15-23 Annex to, A 21 Annex to, B 21 Auamto,0 22 n 74 INDEX. PagA A.ward act (Congress), April 6, 1894 2S-27 Violation of, presaniptiou of 27 Proclamation of 28-31 Award act (Parliament), " Behring Sea award not, 1894 " 45-60 Goes into effect 48 May be subpended 48 Proceedings in oonrt thereunder 48 Remain in force, hovr long to 48 B. Bear, reTenne steamer 21 Bering 8ea, limits of, defined .. 89,40 Black DiamoM 22 "British autbority," meaning of 69,71 British officers, examine and seize 38,42,59,65 British ships : Sealing by, permitted............. 60,61,63 Seizure Of 42,44,45,46,59.65,68 0- Carolena 22 Catch, entry of 19,24,26,28,30,34,49,65 Certilicate, provisional 42 Citizens of United States, penalities extended to 32 Claims, findings of Tribunal aa to 20-23 Claims, questions of fact regarding 9 Commission, joint, to be appointed 8 Commissioner, Fish and Fisheries 3 To investigate habits of salmon 3 To investigate methods of salmon ii^licrios 3 To recommend additional law 3 Compensation, in what cases to be paid 12 Concurrent regulations for protection of seals 18 Contracting parties, liability of 9,16 Convention of Arbitration 6-10 Corwin, revenue steamer, seizures by 22 Council, orders in 37-71 "Seal fishing (Behring's Sea), order in council, 1891" 38-39 "Seal fishing (Behriug's Sea), order in council, 18'J2" 39-40 "Seal fishing (Behriug's Sea), order in council, 18113" 40-41 "Seal fishing (North Pacific), order in council, 1893" 43-44 " Seal fishing (North Pacific), order in council, 1894 " 44-45 Revoked 69 "Behring Sea award, order in council, 1894" 58-GO "Bi'hring Sea award, order in council (No. 2), 1894" 61-()2 " Behring Sea award, order in council, 1895 " 62-03 "Seal fisheries (North Pacific), order in council, 1895" 67-69 Court, admiralty, jurisdiction of 20 Court, Alaska, district of 21 Courts, procedure before, etc ' 42 D. Detention of seized vessels 27,31,42,47,50,58,65,69 Dolphin.. 22 INDEX. 75 Page. Dominion of United States. Section 1956, Revised Statntes, extended over Paris award ar«a 36 B. " Equipment," meaning of 38,43,48,66 Explosives not to be used 19,24,25,29,30,49 Extension, seotioo 1956, Bevised Statutes, provisions of 14 P. Facts, findings of 20-23 Favourite 22 Findings of facts by Tribunal 20-23 Firearms, nse of, prohibited 19,24,25,29,30,49 First schedule 48-50 Fitness to engage in sealing 24,29,33,49,61,63 Flag, sealing 19,24,25,28,30,33,49,60,61,63 Fur-bearing animals. Section 1956, Revised Statutes, extended to area of Paris award under act of February 21, 1893 85 Q. Grace .• 22 Great Britain : Agents of, to visit Seal Islands 5-12 Questions of facts submitted by 20-22 Will pay, in what oases 12 I. Indians, sealing by, permitted 19,24,26,30,49,50 International agreement 14,36 J. Joint commission 8 Jnanita 22 Jurisdiction, in case of seizure 6-12 K. Kate 22 L. Legal procedure under "Behring Sea award act, 1894" 51-68 Liability of contracting parties 9-16 Libol of seized vessels 21 License, soalhig 19,24,26,28,33,46,49,60,61,63 License, form of 34,64 Lily 22 List of vessels warned, eto 22 Log, official, entries in 19,24,26,28,30,34,49,65 M. Master of ship, guilty, eto. 47 Meaning of "equipment" 38,43,48,66 Meaning of "British authority" 69,71 7« IKDBX. Men, fltneMof. 24,28,29,30,33,49,61 Merohflnt dipping act, 1864 60 Merchant ataipping act, 1876 68 Minnie 22 ModuB Tlven^i, June 15, 1891 4-6 Mod a» Vivendi, May 9, 1892, renewal 11 HowtiBTminate 12 Renewal of 11-13 YiolatoTS of, to be seized 5-12 Monioipal law not i^eeted 19,24,29,48 N. NetB,iiottobeiued 19,24,26,29,80,49 O. Obfitraotions in rivers Official log 19,24,26,28,30,34, Onward 3 49,66 22 21 37-71 38-39 39-10 4(M1 43-44 44-4u 69 68-60 61-62 62-63 67-69 Order directing seizures , Orders in council and acts of Parliament Orders in council : " Seal fishing (Behring's Sea), order in council, 1891 " "Seal fishing (Behring's Sea), order in council, 1892" " Seal fishing (Behring's Sea), order in council, 1893 " " Seal fishing (North Pacific), order in council, 1893 " "Seal fishing (North Pacific), order in council, 1894" Revoked "Behring Sea award, order in council, 1894" , *7, 70 Seized vessels, list of 22 Seizures under modus vivendi : Made by either party 5,12 Delivered to proper Nation 5, 12 Jurisdiction to try 5, 12 Why made 20 Seizures under award act 27, 31 Shipping act, 1854 .50 Shipping act, 1876 58 Shotguns in sealing 19,24,26,49 Sixty-mile limit 18,23,25,28,29,36,49 Special license ^ 19,24,26,28,33,46,49,60,61,63 T. Termination, renewed modus 12 Territorial waters, outside of 19,25,26,29,30,50 Thornton 22 Tribunal, Arbitration 7,8,9,15,17,18,33 78 INDEX. United States! * ^^*** List of Teaaels seized or warned by 22 QuestioDBof fact acknowledged 22 Seizorea anthorized by 20 Will pay, in what oases 12 V. Vessels, list of, etc 22 Vessels, sealing, to report to 34 Violators, award act, where prosecuted , , 27 30 W. W.P. Sayward 22 z. ■ Zones, prohibited 18,23,26,28,29,36,45,49,68 O