2086

THE NEW ZEALAND GAZETTE.

[No. 53

Plant declared to be a Noxious Weed by the Eltham County
Council.—Notice No. 1711.

Department of Agriculture, Industries, and Commerce,
Wellington, 1st July, 1918.

IT is hereby notified for public information that the
Eltham County Council has by special order declared
hemlock to be a noxious weed within the meaning of the
Noxious Weeds Act, 1908, in the district under its
jurisdiction.

W. F. MASSEY,
Minister of Agriculture and of Industries
and Commerce.

Taking of Seals and Sea Otters in certain Parts of the Pacific
Ocean prohibited.

Marine Department,
Wellington, 24th June, 1913.

THE following order, issued by His Majesty in Council,
prohibiting the catching of seals and the killing, taking,
or hunting of sea otters in certain parts of the Pacific Ocean,
is published for general information.

F. M. B. FISHER.

At the Court at Buckingham Palace, the 11th day of April,
1913.

Present :

THE KING’S MOST EXCELLENT MAJESTY.

Lord President.
Lord Chamberlain.
Viscount Allendale.
Mr. J. A. Pease.

WHEREAS by the Seal Fisheries (North Pacific) Act, 1895
(hereinafter called the Act of 1895), it is enacted that His
Majesty in Council 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 in the Order :

And whereas by the Seal Fisheries (North Pacific) Act,
1912 (hereinafter called the Act of 1912), it is enacted that
His Majesty in Council shall have the like power to prohibit
the killing, taking, and hunting of sea otters within the waters
to which the Act of 1895 applies :

And whereas it is further provided by the Act of 1895 that
for carrying into effect an arrangement with any foreign State
an Order in Council may provide that the powers under the
Act of any commissioned officer on full pay in the naval
service of His Majesty may, subject to any limitations, con-
ditions, 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 whereas it is further provided by the Act of 1895 that
any such Order may contain any limitations, conditions,
modifications, and exceptions which appear to His Majesty
in Council expedient for carrying into effect the object of
the Act :

And whereas by the Act of 1912 it is enacted that the seas
with respect to which an Order in Council may be made
under the Act of 1895 shall include the seas within such part
of the Pacific Ocean as is north of the thirtieth parallel of
north latitude, including the Seas of Behring, Kamchatka,
Okhotsk, and Japan :

And whereas a convention has been concluded between
His Majesty the King, the President of the United States of
America, His Majesty the Emperor of Japan, and His Majesty
the Emperor of Russia, whereby British subjects and British
vessels engaged in pelagic sealing in the waters to which this
Order applies may be seized and detained by the naval or
other duly commissioned officers of any of the parties to the
said convention and delivered as soon as practicable to an
authorized official of their own nation :

And whereas the provisions of the Rules Publication Act,
1893, have been complied with :

Now, therefore, His Majesty, in virtue of the above powers,
and of all other powers enabling Him in that behalf, is hereby
pleased, by and with the advice of His Privy Council, to
order, and it is hereby ordered, as follows :—

1. From and after the commencement of this Order the
   catching of seals and the killing, taking, and hunting of sea
   otters by British ships is hereby prohibited within the waters
   to which this Order applies.

2. The powers under the Act of 1895 of a commissioned
   officer on full pay in the naval service of His Majesty may be
   exercised in relation to a British ship, and the equipment,
   crew, and certificate thereof, by a naval or other duly com-
   missioned officer of the United States of America, or of His
   Majesty the Emperor of Japan, or of His Majesty the Em-
   peror of Russia (hereinafter referred to as an “authorized
   foreign officer”), but subject to the limitations, conditions,
   modifications, and exceptions following, that is to say :—

(1.) The said powers shall not be exercised by an autho-
rized foreign officer, except in relation to British ships engaged
in hunting seals within the waters to which the Order applies.

(2.) A British ship shall not be liable to seizure or deten-
tion by an authorized foreign officer by reason of the con-
travention of any regulations made under section 2 of the
Act of 1895.

(3.) The powers under section 3 of the Act of 1895 of
detaining any portion of the equipment or any of the crew,
and the powers under section 4 of giving a provisional certifi-
cate in lieu of a ship’s certificate which is seized and retained,
or of endorsing on a certificate the grounds on which it was
seized, and of directing the ship to proceed forthwith to a
specified port, shall not be exercised in relation to a British
ship by an authorized foreign officer.

(4.) Where an authorized foreign officer in exercise of the
said powers 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, as the
case may be, either to the commanding 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 reasonable
grounds for the detention or seizure, and that the case is
proper to be adjudicated in a British court, and also furnish
to such officer or authority the evidence sufficient, in the
opinion of such officer or authority, for such adjudication ;
and if the said foreign officer fails to satisfy such officer or
authority, or to furnish to such officer or authority such
sufficient evidence 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 foreign officer, and
   is satisfied that there were reasonable grounds for the deten-
   tion or seizure, and that the case is proper to be adjudicated
   in a British court, he may exercise the powers conferred by
   section 4 of the Act of 1895 as if he had himself 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 autho-
rized foreign 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. Nothing in this Order shall apply to Indians, Ainos,
   Aleuts, or other aborigines dwelling on the coasts of the
   waters to which this Order applies, who carry on pelagic
   sealing in canoes not transported by or used in connection
   with other vessels, and propelled entirely by oars, paddles,
   or sails, and manned by not more than five persons each, in
   the way hitherto practised, and without the use of firearms,
   provided that such Indians, Ainos, Aleuts, or other aborigines
   are not in the employment of other persons, or under contract
   to deliver the skins to any person.

5. For the purposes of this Order, the expression “British
   authority” means any officer of Customs in His Majesty’s
   dominions, and any British consular officer having authority
   as such in any port or place.

“The waters to which the Order applies” means such part
of the Pacific Ocean beyond the limits of territorial waters
as is north of the thirtieth parallel of north latitude, including
the Seas of Behring, Kamchatka, Okhotsk, and Japan.

6. The Seal Fisheries (North Pacific) Order in Council 1895
   is hereby repealed, without prejudice to anything done or
   suffered under that Order.

7. This Order may be cited as “The Seal Fisheries (North
   Pacific) Order in Council, 1913.”

And the Right Honourable Sir Edward Grey, Baronet,
K.G., and the Right Honourable Lewis Harcourt, M.P., two
of His Majesty’s Principal Secretaries of State, and the Lords
Commissioners of the Admiralty, are to give the necessary
directions herein as to them may respectively appertain.

ALMERIC FITZROY.

Certificate under Section 6 of the Customs Duties Act, 1908.

IN exercise of the powers conferred upon me by the
Customs Duties Act, 1908, and of all other powers and
authorities enabling me in this behalf, I, Francis Marion
Bates Fisher, Minister of Customs, do hereby direct that
the forms of certificate numbered one and two prescribed by
Minister’s Order No. 1001, under section 6 of the Customs
Duties Act, 1908, on the 19th day of June, 1912, and pub-