SUBMARINE TELEGRAPH ACT 1885 - SECT 12 Definitions.

	[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here: BAILII >> Databases >> Northern Irish Legislation >> SUBMARINE TELEGRAPH ACT 1885
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]
SUBMARINE TELEGRAPH ACT 1885 - SECT 12

Definitions.

12. In this Act, unless the context otherwise requires,

The expression "vessel" means every description of vessel used in navigation
in whatever way it is propelled; and any reference to a vessel shall include a
reference to a boat belonging to such vessel:

The expression "master" includes every person having command or charge of a
vessel:

...

The expression "person" includes a body of persons corporate or unincorporate.

S.13 rep. by SLR 1898; 1964 c.29 s.8(2)CONVENTION for the preservation of
telegraphic communications by means of submarine telegraphs made on the 14th
of March, 1884, between Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India, His Majesty the German Emperor, King of
Prussia, His Excellency the President of the Argentine Confederation, His
Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of
Hungary, His Majesty the King of the Belgians, His Majesty the Emperor of
Brazil, His Excellency the President of the Republic of Costa Rica, His
Majesty the King of Denmark, His Excellency the President of the Dominican
Republic, His Majesty the King of Spain, His Excellency the President of the
United States of America, His Excellency the President of the United States of
Colombia, His Excellency the President of the French Republic, His Excellency
the President of the Republic of Guatemala, His Majesty the King of the
Hellenes, His Majesty the King of Italy, His Majesty the Emperor of the
Ottomans, His Majesty the King of the Netherlands, Grand Duke of Luxemburg,
His Majesty the Shah of Persia, His Majesty the King of Portugal and the
Algarves, His Majesty the King of Roumania, His Majesty the Emperor of all the
Russias, His Excellency the President of the Republic of Salvador, His Majesty
the King of Servia, His Majesty the King of Sweden and of Norway, and his
Excellency the President of the Oriental Republic of the Uruguay.

The following is an English translation of the Convention with the omission of
the formal beginning and end:

The present Convention applies outside territorial waters to all legally
established submarine cables landed on the territories, colonies, or
possessions of one or more of the High Contracting Parties.

It is a punishable offence to break or injure a submarine cable, wilfully or
by culpable negligence, in such manner as might interrupt or obstruct
telegraphic communication, either wholly or partially, such punishment being
without prejudice to any civil action for damages.

This provision does not apply to cases where those who break or injure a cable
do so with the lawful object of saving their lives or their ship, after they
have taken every necessary precaution to avoid so breaking or injuring the
cable.

The High Contracting Parties undertake that, on granting a concession for
landing a submarine cable, they will insist, so far as possible, upon proper
measures of safety being taken, both as regards the track of the cable and its
dimensions.

The owner of a cable who, on laying or repairing his own cable breaks or
injures another cable, must bear the cost of repairing the breakage or injury,
without prejudice to the application, if need be, of Article II of the present
Convention.

Vessels engaged in laying or repairing submarine cables shall conform to the
regulations as to signals which have been, or may be, adopted by mutual
agreement among the High Contracting Parties, with the view of preventing
collisions at sea.

When a ship engaged in repairing a cable exhibits the said signals, other
vessels which see them, or are able to see them, shall withdraw to or keep
beyond a distance of one nautical mile at least from the ship in question, so
as not to interfere with her operations.

Fishing gear and nets shall be kept at the same distance.

Nevertheless, fishing vessels which see or are able to see a telegraph ship
exhibiting the said signals shall be allowed a period of twenty-four hours at
most within which to obey the notice so given, during which time they shall
not be interfered with in any way.

The operations of the telegraph ships shall be completed as quickly as
possible.

Vessels which see, or are able to see, the buoys showing the position of a
cable when the latter is being laid, is out of order, or is broken, shall keep
beyond a distance of one quarter of a nautical mile at least from the said
buoys.

Fishing nets and gear shall be kept at the same distance.

Owners of ships or vessels who can prove that they have sacrificed an anchor,
a net, or other fishing gear in order to avoid injuring a submarine cable
shall receive compensation from the owner of the cable.

In order to establish a claim to such compensation, a statement, supported by
the evidence of the crew, should, whenever possible, be drawn up immediately
after the occurrence; and the master must, within twenty-four hours after his
return to, or next putting into port, make a declaration to the proper
authorities.

The latter shall communicate the information to the consular authorities of
the country to which the owner of the cable belongs.

The tribunals competent to take cognizance of infractions of the present
Convention are those of the country to which the vessel on board of which the
offence was committed belongs.

It is, moreover, understood that, in cases where the provisions in the
previous paragraph cannot apply, offences against the present Convention will
be dealt with in each of the Contracting States in accordance, so far as the
subjects and citizens of those States respectively are concerned, with the
general rules of criminal jurisdiction prescribed by the laws of that
particular State, or by international treaties.

Prosecutions for infractions provided against by Articles II, V, and VI of the
present Convention shall be instituted by the State, or in its name.

Offences against the present Convention may be verified by all means of proof
allowed by the legislation of the country of the court. When the officers
commanding the ships of war, or ships specially commissioned for the purpose
of one of the High Contracting Parties, have reason to believe that an
infraction of the measures provided for in the present Convention has been
committed by a vessel other than a vessel of war, they may demand from the
captain or master the production of the official documents proving the
nationality of the said vessel. The fact of such document having been
exhibited shall then be endorsed upon it immediately. Further, formal
statements of the facts may be prepared by the said officers, whatever may be
the nationality of the vessel incriminated. These formal statements shall be
drawn up in the form and in the language used in the country to which the
officer making them belongs; they may be considered, in the country where they
are adduced, as evidence in accordance with the laws of that country. The
accused and the witnesses shall have the right to add, or to have added,
thereto, in their own language, any explanations they may consider useful.
These declarations shall be duly signed.

The proceedings and trial in cases of infraction of the provisions of the
present Convention shall always take place as summarily as the laws and
regulations in force will permit.

The High Contracting Parties engage to take or to propose to their respective
Legislatures the necessary measures for insuring the execution of the present
Convention, and especially for punishing, by either fine or imprisonment, or
both, those who contravene the provisions of Articles II, V, and VI.

The High Contracting Parties will communicate to each other laws already made,
or which may hereafter be made, in their respective countries relating to the
object of the present Convention.

States which have not signed the present Convention may adhere to it on making
a request to that effect. This adhesion shall be notified through the
diplomatic channel to the Government of the French Republic, and by the latter
to the other Signatory Powers.

It is understood that the stipulations of the present Convention do not in any
way restrict the freedom of action of belligerents.

The present Convention shall be brought into force on a day to be agreed upon
by the High Contracting Powers.

It shall remain in force for five years from that day, and unless any of the
High Contracting Parties have announced, twelve months before the expiration
of the said period of five years, its intention to terminate its operation, it
shall continue in force for a period of one year, and so on from year to year.

If one of the Signatory Powers denounce the Convention, such denunciation
shall have effect only as regards that Power.

The present Convention shall be ratified, and the ratifications exchanged at
Paris with as little delay as possible, and, at the latest, at the expiration
of a year.

The stipulations of the Convention concluded under to-day's date for the
protection of submarine cables shall be applicable, in conformity with Article
I, to the colonies and possessions of Her Britannic Majesty, with the
exception of those herein-after mentioned, namely:

Canada

Newfoundland

The Cape

Natal

New South Wales

Victoria

Queensland

Tasmania

South Australia

Western Australia

New Zealand

Provided always, that the stipulations of the said Convention shall be
applicable to any of the above-named colonies or possessions on whose behalf
notice to that effect shall have been given by Her Britannic Majesty's
Representative at Paris to the French Minister for Foreign Affairs.

Each of the above-named colonies or possessions which may have acceded to the
said Convention shall be at liberty to withdraw from it in the same manner as
the powers parties to it. In the event of any of the said colonies or
possessions desiring to withdraw from the Convention, a notification to that
effect shall be made by Her Britannic Majesty's Representative at Paris to the
French Minister for Foreign Affairs.
[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Download] [Help]
BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/sta1885197/s12.html
Northern Irish Legislation

SUBMARINE TELEGRAPH ACT 1885 - SECT 12
