3140
THE NEW ZEALAND GAZETTE.
[No. 75

2. MODIFICATION OF FISHERIES AMENDMENT ACT, 1912.

(1.) In the application of the said Act to the Dependency subsections (4) and (7) of section 2 of the said Act shall not be in force, and subsection (4) of section 4 shall not apply to floating whale-factories.

(2.) The fee payable in respect of every license issued permitting a vessel to be engaged in whaling shall be £200.

(3.) The owner or master of any vessel engaged in whaling without a license under the said Act commits an offence and is liable to a fine not exceeding £1,000 for each separate day on which an offence against this regulation is proved to be committed.

(4.) Any person establishing or using a floating whale-factory and the owner or master of any vessel used as a floating whale-factory without a license in that behalf under the said Act commits an offence and is liable to a fine not exceeding £1,000 for each separate day on which an offence against this regulation is proved to be committed.

(5.) The owner or master of any vessel or floating whale-factory licensed under the said Act failing to comply with all the provisions contained in the license commits an offence and is liable to a fine not exceeding £100 for each separate day on which an offence against this regulation is proved to be committed.

(6.) The owner or master of any vessel used as a floating whale-factory who fails or neglects to construct or equip such vessel as required by the said Act, or who without reasonable cause fails or neglects to convert any whale received by the factory into commercial products within forty-eight hours after the delivery of such whale to the factory, commits an offence and is liable to a fine not exceeding £100 for each separate day on which an offence against this regulation is proved to be committed.

3. ARREST OF VESSELS.

(1.) Any officer before whom an information is laid for an offence against the said Act and these regulations alleged to be committed in respect of any vessel may issue his warrant authorizing any person named therein to arrest and detain the said vessel and to keep the same under safe arrest until the matter of such information shall have been finally determined and until any fine inflicted upon conviction thereunder shall have been paid or satisfied or until the amount of the maximum fine that may be inflicted for the offence alleged in such information has been deposited with an officer, and such ship may be so arrested and detained at any time thereafter and either before or subsequently to the conviction of any person for any offence alleged in such information.

(2.) The master of any vessel arrested under a warrant issued as aforesaid or upon whom any such warrant is served who permits such vessel thereafter to proceed to sea before it is released by competent authority commits an offence and is liable to a fine not exceeding £100.

(3.) Where a vessel so proceeding to sea takes to sea (when on board thereof in the execution of his duty) any officer or any person authorized to arrest and detain the said vessel the owner and master of the ship shall each be liable to pay all expenses of and incidental to the officer or person being so taken to sea and also to a fine not exceeding £100, and such expenses may be recovered in like manner as the fine.

(4.) For the purposes of these regulations the arrest of any vessel shall be deemed to be complete so soon as any person authorized to execute the warrant of arrest has boarded the vessel and notified to the master or any other officer of the vessel that it is arrested or so soon as any such person has been resisted or obstructed in his endeavour to board the vessel for that purpose.

4. EVIDENCE AND PROCEDURE.

(1.) A vessel shall be deemed for the purposes of the said Act to be engaged in whaling or to be used as a floating whale-factory, as the case may be, if it is during the whaling season then current substantially so engaged or used, and it shall not be necessary to prove that the pursuit or capture of whales or the conversion into commercial products of the carcase of a whale or any part thereof, as the case may be, was actually being undertaken at the time specified in the information.

(2.) An information for a breach of the said Act and these regulations shall be sufficient if set out in or to the effect of Form No. 1 in the said Schedule.

(3.) A summons issued pursuant to any such information shall be sufficient if set out in or to the effect of Form No. 2 in the said Schedule.

(4.) A warrant to arrest and detain any ship pursuant to these regulations shall be sufficient if set out in or to the effect of Form No. 3 in the said Schedule.

SCHEDULE.
FORM No. 1.

Ross Dependency,
To Wit,

In the matter of the Fisheries Amendment Act, 1912, and the Ross Dependency Whaling Regulations; 1926.

THE information of [Name of informant] who cometh this day before me, , an Officer of the Government, and informs me on oath that he hath just cause to suspect and doth suspect that [Insert name of defendant] within the space of six months last past—to wit, on the day of 19 , at , in Ross Dependency—did commit a breach of the above-entitled Act and regulations inasmuch as the said did [Here set out the substance of the offence].

And further that the said breach was committed in respect of the vessel called the “ .”

[Signature of Informant.]

Taken and sworn at this day of , 19 , before me—

Officer of the Government.

FORM No. 2.

Ross Dependency,
To Wit,

In the matter of the Fisheries Amendment Act, 1912, and the Ross Dependency Whaling Regulations, 1926.

To .

WHEREAS information has this day been laid before the undersigned, an officer of the Government, for that you [Here state shortly the matter of the information].

This is to command you to appear before me on 192 , at o’clock in the noon at [Place] to answer to the said information and to be further dealt with according to law.

Given under my hand at this day of , 19 .

, Officer of the Government.

FORM No. 3.

Ross Dependency,
To Wit,

In the matter of the Fisheries Amendment Act, 1912, and the Ross Dependency Whaling Regulations, 1926.

To .

WHEREAS on the day of , 19 , information was laid before me, the undersigned officer of the Government, alleging that one [Name] did on the day of , 19 , commit a breach of the provisions of the above-entitled Act and regulations and that such breach was committed in respect of the vessel called the “ .”

This is to command you forthwith to arrest and detain the said vessel and to keep the same under safe arrest until the matter of the said information shall have been finally determined and until any fine inflicted upon conviction thereunder shall have been paid or satisfied or until there has been deposited with me or some other officer of the Government the amount of the maximum fine that may be inflicted for the offence alleged in the said information—namely, the sum of £ .

Given under my hand at this day of , 19 .

, Officer of the Government.

As witness my hand this 1st day of November, 1926.

CHARLES FERGUSSON, Governor.

Officer appointed to take and receive Statutory Declarations.

PURSUANT to the authority conferred upon me by section two hundred and eighty-eight of the Justices of the Peace Act, 1908, and section sixteen of the Justices of the Peace Amendment Act, 1923, I General Sir Charles Fergusson, Baronet, Governor-General of the Dominion of New Zealand, do hereby notify and declare that

Arthur Philip Bennett,

being a person holding the office of Chief Inspector, General Post Office, Wellington, is authorized to take and receive statutory declarations under the two-hundred-and-eighty-eighth section of the Justices of the Peace Act, 1908.

As witness my hand this 26th day of October, 1926.

CHARLES FERGUSSON, Governor-General.