ment, with or without hard labour, for a period not exceeding one month. Penalty on persons found fishing for or atto collect chanks without license. 2. And it is further enacted that all persons found fishing for, or otherwise attempting to collect chanks without a license for that purpose from the Government agent of the province on the coast of which they shall be so found, tempting or from some person duly authorised by him to grant such license, or contrary to the terms thereof, shall be guilty of an offence and be liable on conviction thereof to a fine not exceeding one pound, and in default of payment to imprisonment, with or without hard labour, for a period not exceeding one month. Chanks to be landed on the coasts of the colony within a stipulated period. 3. And it is further enacted that all chanks shall be landed at some place on the coasts of this Colony, within such time after their being fished up or otherwise collected as shall be stipulated in their license, and every person failing so to land any chanks in the fishing or collection of which he shall have been employed shall be guilty of an offence, and be liable on conviction thereof to a fine not exceeding one pound, and in default of payment to imprisonment, with or without hard labour, for a period not exceeding one month. And ever person procuring, instigating, or assisting another to commit the said last-mentioned offence shall be liable to the same punishment as a person actually committing it. Penalty. Possession of chanks fence. 4. And it is further enacted that the possession of chanks at any place on the coasts of this Island, other than a port of entry, without the permit of the Government agent of without permit an of the province, or some person authorised by him to grant such permits, or contrary to the terms of any permit for such possession that may have been granted, shall be an offence, and all chanks found so possessed shall be confiscated. Officers empowered to demand the pro duction of license. 5. And it is further enacted that all headmen, officers of police or customs, and all persons specially appointed for that purpose by the Government agent shall be, and they are hereby, empowered to demand of all persons fishing for or attempting to collect chanks, or having them in their possession, the production of any license or permit required of them by this Ordinance; and in case the same shall not be produced, or, being produced, shall not be deemed satisfactory, to seize and take such persons before the district court, and detain and in safe custody keep any boat, canoe, raft, or vessel employed, or chauks possessed by them un. lawfully, until they shall receive the diretions of the Persons resisting said court for their disposal; and every person mak- such officers or inciting or inciting any resistance to such officers or other to fine and imprisonpersons in the exercise of their duty shall be liable to ment. imprisonment, with or without hard labor, or fine, or both, at the discretion of the district court. ing resistance liable 6. And it is further enacted that no dredge or other apparatus for the purpose of collecting chanks shall be used; and dredge or apparatus that any such apparatus that may be found on board Penalty for using a any boat, canoe, raft, or vessel shall, together with or a like nature. such boat, canoe, raft, or vessel be confiscated and the tindal and crew of such boat, canoe, raft, or vessel shall be liable to imprisonment at hard labour for a period not exceeding three months. 7. And it is further enacted that one-half of all fines recovered, and one-half of the produce of all confiscations made under this Ordinance shall go to Our Lady, the Queen, and the other half to the person in consequence of whose Fines, how to be disposed of. Proviso. information the offender is convicted. Provided, always, that in the event of the inability of any defendant to pay the fines above directed, and sentence of imprisonment being awarded in consequence thereof, the agent of the province shall nevertheless pay to such informer the amount to which he would have been entitled if such fine had been paid. Passed in Council the Twenty-ninth day of August, One thousand Eight hundred and Forty-two. KENNETH MACKENZIE, Published by order of His Excellency the Governor. P. ANSTRUTHER, No. 18.-1843. AN ORDINANCE TO DECLARE ILLEGAL THE POSSESSION OF CERTAIN NETS AND INSTRUMENTS WITHIN CERTAIN LIMITS. C. CAMPBELL. Preamble. Possession of certain other instruments illegal. Whereas it is expedient to prohibit the possession within certain limits of certain nets and instruments which might otherwise be used to the detriment of Her Majesty's pearl banks: 1. It is therefore hereby enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, nets, dredges, and that from and after the passing of this Ordinance the within certain limits possession on land of any drifting net or other net not being such as are used by men walking in the sea, or of any dredge or similar instrument, at any place within twelve miles of Tallaville or Talmanar, or at any place within twelve miles of any part of the shore at low water mark between Tallaville and Talmanar, shall be unlawful, and every such net, dredge, or instrument that shall at any time be found within such limits shall be forfeited, and every person who shall at any time have had any such net, dredge, Penalty. or instrument in his possession, or shall have moved or concealed or assisted in or procured the movement or concealment of any such net, dredge, or instrument within such limits, shall be guilty of an offence, and be liable on conviction thereof to a fine not exceed ing ten pounds, or to imprisonment with or without hard labour for any period not exceeding six months. Peace officers may &c., and seize offend make search for nets, ers. 2. And it is further enacted that it shall be lawful for every officer of the Customs and every peace officer to search any house or premises within any such limits as aforesaid where he shall have good reason to believe any such net, dredge, or instrument as aforesaid to be kept or concealed, and to take the same into his charge, and to seize and take every person offending against this Ordinance before any competent court or justice of the peace, to be dealt with according to law. Passed in Council the Thirtieth day of November, One Thousand Eight Hundred and Forty-three. KENNETH MACKENZIE, Published by order of His Excellency the Governor. P. ANSTRUTHER, No. 18.-1890. AN ORDINANCE RELATING TO CHANKS. A. E. HAVELOCK. Whereas it is expedient to amend the Laws relating to Chanks and to prohibit the diving for and collecting of Chanks, Bêche-de-mer, Coral, or Shells in the seas between Man Preamble. nár and Chilaw: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This ordinance may be cited for all purposes as "The Chanks Ordinance, 1890," and it shall come into operation at such Short title and date time as the Governor in Executive Council shall, by proc- of operation. lamation in the Government Gazette, appoint. Repeal. 2. The Ordinance No. 4 of 1842, intituled "An Ordinance for the protection of Her Majesty's rights in the digging for Dead Chanks," and the Ordinance No. 5 of 1842, intituled "An Ordinance for the protection of Her Majecty's Chank Fishery," are hereby repealed, but such repeal shall not affect the past operation of either of the said enactments, or anything duly done or suffered, or any obligation, or liability, or penalty accrued or incurred under them or either of them. Where any unrepealed Ordinance incorporates or refers to any provision of any Ordinance hereby repealed, such unrepealed Ordinance shall be deemed to incorporate or refer to the corresponding provisions of this Ordinance. 3. In this Ordinance, unless the context otherwise re- Denfiitions. quires "Chanks" includes both live and dead chanks. "Person" includes any company or association or body of persons whether incorporated or not. 4. (1) There shall be levied and paid on all chanks entered for exportation a royalty at such rates not exceeding one cent Duty on chanks. on each chank, as the Governor, with the advice of the Executive Council, shall, from time to time by notification in the Government Gazette, appoint. (2) No chanks shall be exported save and except from any port mentioned in the schedule A hereto, or from any other port Ports of entry. which the Governor in Executive Council may appoint by notification in the Government Gazette. Bill of entry. 5. (1) The person entering outwards any chanks to be exported from any port shall deliver to the collector a bill of the entry thereof, expressing the name of the ship and of the master, and of the place to which the chanks are to be exported, and of the person in whose name the chanks are to be entered, together with the number and value thereof, anything in the Ordinance No. 17 of 1869 to the contrary notwithstanding, and shall at the same time pay to the collector any sum which may be due as royalty upon the exportation of such chanks. (2) Such person shall also deliver at the same time one or more copies of such entry, and the particulars to be con- Collector's warrant. tained in such entry shall be written and arranged in such form and manner, and the number of such copies shall be such as the collector shall require, and such entry being duly signed by the collector shall be the warrant for examination and shipment of such chanks. Penalty for export ing contrary to the Ordinance. Chanks laden before entry liable to be for feited. 6. Every person who shall export chanks from this Island, except from any port mentioned in Schedule A, or from any port appointed by the Governor in Executive Council under section 4, or contrary to the requirements of section 5, shall be guilty of an offence punishable with simple or rigorous imprisonment for a period not exceeding six months, or with a fine not exceeding one hundred rupees, or with both. 7. If any chanks subject to the payment of any sums due as royalty in respect of exportation shall be laden or water-borne to be laden on board any ship before due entry shall have been made and warrant granted, or before such chanks shall have been duly cleared for shipment, or if such chanks shall not agree with the bill of entry, the same shall be liable to forfeiture together with the package in which they are contained. 8. It shall not be lawful for any person to use any dredge or other apparatus of a like nature for the purpose of fishing collecting chanks pro- for or collecting chanks, and every person using any dredge or other apparatus of a like nature for such purpose shall be guilty of an offence punishable with simple or rigorous imprisonment for a period not exceeding six months, or with fine not exceeding one hundred rupees, or with both; and every dredge or apparatus of a like nature so used as aforesaid shall be forfeited. Use of dredge in hibited Penalties. Collection of chanks, bêche-de-mer, coral, or shells in the seas between Mannár and Chilaw prohibited. 9. It shall not be lawful for any person to fish for, dive for, or collect chanks, bêche-de-mer, coral, or shells in the seas within the limits defined in Schedule B hereto, and every person who shall fish for, dive for, or collect, or who shall use or employ any boat, canoe, raft, or vessel in the collection of chanks, bêche-de-mer, coral, or shells in the said seas, shall be guilty of an offence punishable with simple or rigorous imprisonment for a period not exceeding six months, or with fine not exceeding one hundred rupees, or with both; and every boat, canoe, raft, or vessel so employed as aforesaid, together with all chanks, bêche-de-mer, coral, or shells unlawfully collected, shall be forfeited. Penalties. Provided, that nothing in this section contained shall prevent any person from collecting coral or shells from any portion of the said seas in which the water is of the depth of Proviso. Proviso. one fathom or less. Provided also that it shall be lawful for the Governor in Executive Council from time to time or at any time, by notification in the Government Gazette, to alter the limits defined in Schedule B hereto, or exempt any portion or portions of the seas within the said limits from the operation of this Ordinance. 10. (1) Any chank, bêche-de-mer, coral, shell, boat, canoe, raft, vessel, dredge, or apparatus liable to forfeiture under this Or dinance may be seized by any officer of the customs or seized and detained at police, or by any headman, or by any person appointed for that purpose in writing by the government agent of the province or the assistant government agent of the district within which such seizure is made, and when seized shall be conveyed to the custom-house nearest to the place of seizure and there detained until the court having jurisdiction in the matter has determined whether the same shall or shall not be forfeited. Chanks, &c., liable to forfeiture may be the nearest custom house. Penalty on seizing officer neglecting to convey seizure to cus (2) If any such officer, headman, or person shall neglect to have any chank, bêche-de-mer, coral, shell, boat, canoe, raft, vessel, dredge, or apparatus seized by him conveyed to such custom house within a reasonable time, he shall be guilty of an offence and liable to a fine of one hundred rupees. tom-house within reasonable time. Police court to have 11. (1) Every prosecution under this ordinance may be instituted in the police court of the division in which the offence was committed or where the offender is found, and such jurisdiction. court may by its order declare and adjudge any chank, bêche-de-mer, coral, shell, boat, canoe, raft, vessel, dredge, or apparatus seized and detained under this Ordinance to be forfeited, and such forfeiture may be in addition to any other punishment hereinbefore prescribed, anything in the Criminal Procedure Code to the contrary notwithstanding. (2) All forfeitures may be sold or otherwise disposed of in such manner as the police court may direct. 12. It shall be lawful for the court imposing a fine under this Ordinance to award to the informer any share not exceeding a moiety of so much of the fine as is actually recov ered and realised. Informer's share. Kankésanturai Kayts SCHEDULE A. SCHEDULE B. Jaffna Eastward of a straight line drawn from a point six miles westward of Talaimannar to a point six miles westward from the shore two miles south of Talaivilla. Passed in Council the Nineteenth day of November, One thousand Eight hundred and Ninety. H. L. CRAWFORD, Acting Clerk to the Council. Assented to by His Excellency the Governor, the Twenty-fifth day of November, One thousand Eight hundred and Ninety. E. NOEL WALKER, Colonial Secretary. AUSTRALIA. AN ACT to regulate the Pearl Shell and Bêche-de-mer Fisheries in Australasian Waters adjacent to the Colony of Queensland. [Reserved, 20th January, 1888; Queen's assent proclaimed 19th July, 1888.] 51 Vic., No. 1. The Queensland Pearl Shell and Bechetra-territorial). of 1888. Preamble. de-mer Fisheries (ExAct WHEREAS by certain Acts of the Parliament of the Colony of Queensland provision has been made for regulating the Pearl Shell and Bêche-de-mer Fisheries in the territorial waters of that Colony; And whereas, by reason of the geographical position of many of the Islands forming a portion of that Colony, vessels employed in such Fisheries are, in the prosecution of their business, sometimes within and sometimes beyond the territorial jurisdiction of Queensland: And whereas it is expedient that the provisions of the |