#3 & 34 Vict., The legal procedure is regulated by other sections:All proceedings for the condemnation and forfeiture of Jurisdiction .90, sec. 19. a ship, or ship and equipment, or arms and munitions of war, forfeiture of in respect of in pursuance of this Act shall require the sanction of the ships for Secretary of State or such chief executive authority as is in offences this Act mentioned, and shall be had in the Court of Admiralty, against Act. and not in any other court; and the Court of Admiralty shall, in addition to any power given to the Court by this Act, have in respect of any ship or other matter brought before it in pursuance of this Act all powers which it has in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction. bid, sec. 20. bid, sec. 21. bid, sec. 23. Where any offence against this Act has been committed by Regulations as to proceedany person by reason whereof a ship, or ship and equipment, or ings against arms and munitions of war, has or have become liable to for- the offender feiture, proceedings may be instituted contemporaneously or and against not, as may be thought fit, against the offender in any court the ship. having jurisdiction of the offence, and against the ship, or ship and equipment, or arms and munitions of war, for the forfeiture in the Court of Admiralty; but it shall not be necessary to take proceedings against the offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender. The following officers, that is to say (inter alia), Officers Any commissioned officer on full pay in the military authorized to Any commissioned officer on full pay in the naval service may seize or detain any ship liable to be seized or detained in As to seizure and detention by the Secretary of State upon suspicion the Act provides: of State or If the Secretary of State or the chief executive authority is Special power satisfied that there is a reasonable and probable cause for of Secretary believing that a ship within Her Majesty's dominions has been chief execu or is being built, commissioned, or equipped contrary to this tive authority Act, and is about to be taken beyond the limits of such to detain dominions or that a ship is about to be despatched contrary to this Act, such Secretary of State or chief executive authority shall have power to issue a warrant stating that there is reasonable and probable cause for believing as aforesaid, and upon H ship. such warrant the local authority shall have power to seize and search such ship, and to detain the same until it has been either condemned or released by process of law, or in manner hereinafter mentioned. The owner of the ship so detained, or his agent, may apply to the Court of Admiralty for its release, and the Court shall, as soon as possible, put the matter of such seizure and detention in course of trial between the applicant and the Crown. If the applicant establish, to the satisfaction of the Court, that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, the ship shall be released and restored. If the applicant fail to establish to the satisfaction of the Court that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, then the ship shall be detained till released by order of the Secretary of State or chief executive authority. The Court may, in cases where no proceedings are pending for its condemnation, release any ship detained under this section on the owner giving security to the satisfaction of the Court that the ship shall not be employed contrary to this Act, notwithstanding that the applicant may have failed to establish to the satisfaction of the Court that the ship was not and is not being built, commissioned, or intended to be despatched contrary to this Act. The Secretary of State or the chief executive authority may likewise release any ship detained under this section on the owner giving security to the satisfaction of such Secretary of State or chief executive authority that the ship shall not be employed contrary to this Act, or may release the ship without such security if the Secretary of State or chief executive authority think fit so to release the same. If the Court be of opinion that there was not reasonable and probable cause for the detention, and if no such cause appear in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect of the detention, the amount thereof to be assessed by the Court, and any amount so assessed shall be payable by the Commissioners of the Treasury out of any moneys legally applicable for that purpose. The Court of Admiralty shall also have power to make a like order for the indemnity of the owner, on the application of such owner to the Court, in a summary way, in cases where the ship is released by the order of the Secretary of State or the chief executive authority, before any application is made by the owner or his agent to the Court for such release. Nothing in this section contained shall affect any proceedings instituted or to be instituted for the condemnation of any ship detained under this section where such ship is liable to forfeiture, subject to this provision, that if such ship is restored in pursuance of this section all proceedings for such condemnation shall be stayed; and where the Court declares that the 33 & 34 Vict., owner is to be indemnified by the payment of costs and Nothing in this section contained shall apply to any foreign rity to detain ship. Where it is represented to any local authority, as defined Special power c. 90, sec. 24. by this Act, and such local authority believes the representa- of local authotion, that there is a reasonable and probable cause for believing that a ship within Her Majesty's dominions has been or is being built, commissioned, or equipped contrary to this Act, and is about to be taken beyond the limits of such dominions, or that a ship is about to be despatched contrary to this Act, it shall be the duty of such local authority to detain such ship, and forthwith to communicate the fact of such detention to the Secretary of State or chief executive authority. bid, sec. 25. Upon the receipt of such communication the Secretary of State or chief executive authority may order the ship to be released if he thinks there is no cause for detaining her, but if satisfied that there is reasonable and probable cause for believing that such ship was built, commissioned, or equipped or intended to be despatched in contravention of this Act, he shall issue his warrant stating that there is reasonable and proper cause for believing as aforesaid, and upon such warrant being issued further proceedings shall be had as in cases where the seizure or detention has taken place on a warrant issued by the Secretary of State without any communication from the local authority. Where the Secretary of State or chief executive authority orders the ship to be released on the receipt of a communication from the local authority without issuing his warrant, the owner of the ship shall be indemnified by the payment of costs and damages in respect of the detention upon application to the Court of Admiralty in a summary way in like manner as he is entitled to be indemnified where the Secretary of State, having issued his warrant under this Act, releases the ship before any application is made by the owner or his agent to the Court for such release. State or The Secretary of State or the chief executive authority Power of may, by warrant, empower any person to enter any dockyard Secretary of or other place within Her Majesty's dominions, and enquire as executive to the destination of any ship which may appear to him to be authority to intended to be employed in the naval or military service of any grant search foreign state at war with a friendly state, and to search such warrant. ship. Exercise of powers of Any powers or jurisdiction by this Act given to the Secre- 33 & 34 Vict Secretary of tary of State may be exercised by him throughout the c. 90, sec. 26. State or chief dominions of Her Majesty, and such powers and jurisdiction executive authority. Indemnity 'to officers. Indemnity to executive may also be exercised by any of the following officers, in this In Ireland by the Lord-Lieutenant or other the chief In Jersey by the Lieutenant-Governor. In Guernsey, Alderney, and Sark, and the dependent In the Isle of Man by the Lieutenant-Governor. In any British possession by the Governor. A copy of any warrant issued by a Secretary of State or by any officer authorized in pursuance of this Act to issue such warrant in Ireland, the Channel Islands, or the Isle of Man, shall be laid before Parliament. Subject to the provisions of this Act providing for the Ibid, sec. 28. award of damages in certain cases in respect of the seizure or detention of a ship by the Court of Admiralty no damages shall be payable, and no officer or local authority shall be responsible, either civilly or criminally, in respect of the seizure or detention of any ship in pursuance of this Act. The Secretary of State shall not, nor shall the chief Ibid, sec. 2 2. State or chief executive authority, be responsible in any action or other legal proceedings whatsoever for any warrant issued by him in pursuance of this Act, or be examinable as a witness, except at his own request, in any court of justice in respect of the cir cumstances which led to the issue of the warrant. authority. Interpreta The interpretation clause is as follows: In this Act, if not inconsistent with the context, the following Ibid, se. 3u tion of terms. terms have the meanings hereinafter respectively assigned to them, that is to say, "Foreign state." "Military service. "Naval service." 66 66 Foreign state" includes any foreign prince, colony, Military service" shall include military telegraphy and "Naval service" shall, as respects a person, include when such ship of war or other ship is being used in any military or naval operation, and any employment whatever on board a ship of war, transport, store ship, privateer, or ship under letters of marque; and as respects a ship, include any user of a ship as a transport, store ship, privateer, or ship under letters of marque. "United Kingdom." possession." "United kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands. "British possession" means any territory, colony, or "British place being part of Her Majesty's dominions, and not part of the United Kingdom as defined by this Act. "The Secretary of State" shall mean any one of Her "The Secretary of State. Majesty's Principal Secretaries of State. "The Governor" shall, as respects India, mean the "Governor.” Governor-General or the governor of any presidency, and where a British possession consists of several constituent colonies, mean the Governor-General of the whole possession or the Governor of any of the constituent colonies, and as respects any other British possession it shall mean the officer for the time being administering the government of such possession; also any person acting for or in the capacity of a governor shall be included under the term "Governor." "Court of Admiralty" shall mean the High Court of "Court of Admiralty of England or Ireland, the Court of Session Admiralty." of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions. Ship" shall include any description of boat, vessel, “Ship.” of boat, vessel, or other craft or battery, made to move on the surface of and sometimes under water. "Building," in relation to a ship, shall include the doing "Building.” any act towards or incidental to the construction of a ship, and all words having relation to building shall be construed accordingly. "Equipping," in relation to a ship, shall include the "Equipping." furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of 'fitting or adapting her for the sea or for naval service, and all words relating to equipping shall be construed accordingly. "Ship and equipment" shall include a ship and every- "Ship and thing in or belonging to a ship. equipment." "Master" shall include any person having the charge or "Master.” command of a ship. |