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SEA FISHERIES ACT 1868

SEA FISHERIES ACT 1868 - LONG TITLE

An Act to carry into effect a Convention between Her Majesty and
the Emperor of the French concerning the Fisheries in the Seas
adjoining the British Islands and France, and to amend the Laws
relating to British Sea Fisheries.
[13th July 1868]
PART I$$A

SEA FISHERIES ACT 1868 - SECT 2
Short title.

2. This Act may be cited as "The Sea Fisheries Act, 1868."

Ss.3, 4 rep. by 1883 c.22 s.30 sch.2 Pt.II; 1964 c.72 s.3 sch.2

SEA FISHERIES ACT 1868 - SECT 5
Interpretation.

5. In this Act

The term "sea-fish" does not include salmon, as defined by any Act
relating to salmon, but, save as aforesaid, includes every
description both of fish and of shell fish which is found in the
seas to which this Act applies; and "sea-fishing", "sea-fisherman",
and other expressions referring to sea-fish, shall in this Act be
construed to refer only to sea-fish as before defined:

The term "sea-fishing boat" includes every vessel, of whatever size,
and in whatever way propelled, which is used by any person in
sea-fishing, or in carrying on the business of a sea-fisherman:

The term "British Islands" includes the United Kingdom of Great
Britain and Ireland, the Isle of Man, the islands of Guernsey,
Jersey, Alderney, and Sark, and their dependencies;....

Definitions rep. by 1883 c.22 s.30 sch.2 Pt.II; 1964 c.72 s.3
sch.2; 1968 c.77 s.22 sch.2 Pt.II

The term "court" includes any tribunal or magistrate exercising
jurisdiction under this Act:

Definitions rep. by 1968 c.77 s.22 sch.2 Pt.I

Ss.621 rep. by 1883 c.22 s.30 sch.2 Pt.II; 1953 c.14 (NI) s.1(2);
1964 c.72 s.3 sch.2

Ss.2224 rep. by 1894 c.60 s.745(1) sch.22. S.25 rep. by 1883 c.22
s.30 sch.2 Pt.I

SEA FISHERIES ACT 1868 - SECT 26
Sea-fishing boats within specified waters and British sea-fishing
boats outside those waters, to have official papers.

26. Subject to any exemptions allowed by or in pursuance of [an
Order in Council under section 373 of the Merchant Shipping Act
1894], the master of every sea-fishing boat within [waters adjacent
to the United Kingdom, the Channel Islands or the Isle of Man,
which are not more than six nautical miles from the baselines from
which the breadth of the territorial sea is measured] and of every
British sea-fishing boat [outside such waters], shall have on board
his boat, if it is a British sea-fishing boat required by [that
section] to be entered or registered, the certificate of registry or
official papers issued to the boat in pursuance of any Act relating
to the registry of British ships, or of [that section] and if it
is not British, then official papers evidencing the nationality of
such boat.The master of any such boat who acts in contravention of
this section, unless there is a reasonable cause for not having
such certificate or official papers (proof whereof shall lie on
him), shall be liable, together with his boat and crew, to be
taken by any [British sea-fishing officer within the meaning of
section 7 of the said Act of 1968], without warrant, summons, or
other process, into the nearest or most convenient port, and there
to be ordered by the court, on any proceeding in a summary manner,
to pay a penalty not exceeding twenty pounds; and if such penalty
is not paid, and the boat is not British, such boat may be
detained in port for a period not exceeding three months from the
date of the sentence.

Summary recovery of penalties, &c.

SEA FISHERIES ACT 1868 - SECT 57
Penalties for not having official papers.

57. All penalties, offences, and proceedings under this Act,... may
be recovered, prosecuted, and taken in a summary manner,

Appeal against summary convictions, and adjudications as to
compensation, in certain cases.

SEA FISHERIES ACT 1868 - SECT 58

58. If any person feels aggrieved by any conviction under this Act,
or by any determination or adjudication of the court with respect
to any compensation under this Act, where the sum adjudged to be
paid exceeds five pounds, or the period of imprisonment adjudged
exceeds one month, he may appeal therefrom in manner following;
(that is to say,)

In Ireland, in manner directed by the Petty Sessions (Ireland) Act,
1851, and any Act amending the same:

S.59 rep. by 1883 c.22 s.30 sch.2 Pt.II; 1964 c.72 s.3 sch.2

SEA FISHERIES ACT 1868 - SECT 60
Provisions for giving jurisdiction to courts, as to offences on
board sea-fishing boats, and offences committed by foreign subjects.

60. For the purpose of giving jurisdiction to courts under this
Act, the following provisions shall have effect:

(1)A sea-fishing boat shall be deemed to be a ship within the
meaning of any Act relating to offences committed on board a ship:

(2)The same court shall have power to exercise the jurisdiction
conferred by this Act with respect to an offence committed by a
foreign subject as would have jurisdiction to try such offence if
it had been committed by a British subject.

S.61 rep. by 1883 c.22 s.30 sch.2 Pt.II; 1964 c.72 s.3 sch.2

SEA FISHERIES ACT 1868 - SECT 62
Service to be good if made personally, or at place of abode, or
on board ship to which the person to be served belongs.

62. Service of any summons or other matter in any legal proceeding
under this Act shall be good service if made personally on the
person to be served, or at his last place of abode, or if made
by leaving such summons for him on board any sea-fishing boat to
which he may belong, with the person being or appearing to be in
command or charge of such boat.

S.63 rep. by 1964 c.72 s.3 sch.2; 1968 c.77 s.22 sch.2 Pt.II

SEA FISHERIES ACT 1868 - SECT 65
| 64. {7} The court imposing any penalty or enforcing any
forfeiture under this Act may, if it think fit, direct the whole
or any part thereof to be applied in or towards payment of the
expenses of the proceedings; and, subject to such direction, and to
any direction given under any express provision in this Act, all
penalties and forfeitures recovered under this Act shall be paid
into the receipt of Her Majesty's Exchequer in such manner as the
Treasury may direct, and shall be carried to the Consolidated Fund.

65. Nothing in this Act shall prevent any person being liable under
any other Act or otherwise to any indictment, proceeding, punishment,
or penalty, other than is provided for any offence by this Act, so
that no person be punished twice for the same offence.S.66 rep. by
1968 c.77 s.22 sch.2 Pt.II. S.69 spent

SEA FISHERIES ACT 1868 - SECT 70
Application of Act.

70.... this Act shall apply to... the British Islands as defined by
this Act,....

...

Proviso rep. by 1968 c.77 s.22(2) sch.2 Pt.I