Jurisdic tion in respect of forfeiture of ships for offences against Act. Regulations as to proceedings against the offender "ship, or ship and equipment, or arms and munitions of war, in pursuance of this Act, shall require the sanction of the Secretary "of State or such chief executive authority as is in this Act mentioned, and shall be had in the Court of Admiralty, 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. "20. Where any offence against this Act has been committed by "any person by reason whereof a ship, or ship and equipment, or arms and munitions of war, has or have become liable to for"feiture, proceedings may be instituted contemporaneously or not, "as may be thought fit, against the offender in any court having 'jurisdiction of the offence, and against the ship, or ship and equipagainst the "ment, or arms and munitions of war, for the forfeiture in the ship. "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. and Officers authorized to seize offending ships, Powers of officers authorized to seize ships. แ แ "21. The following officers, that is to say,- "(3.) Any commissioned officer on full pay in the military service may seize or detain any ship liable to be seized or detained in pursuance of this Act, and such officers are in this Act referred to as the 'local authority;' but nothing in this Act contained shall 66 derogate from the power of the Court of Admiralty to direct any "ship to be seized or detained by any officer by whom such court may have power under its ordinary jurisdiction to direct a ship "to be seized or detained. "22. Any officer authorized to seize or detain any ship in respect "of any offence against this Act may, for the purpose of enforcing "such seizure or detention, call to his aid any constable or officers "of police, or any officers of her Majesty's army or navy or marines, "or any excise officers or officers of customs, or any harbour-master แ 66 or dock-master, or any officers having authority by law to make "seizures of ships, and may put on board any ship so seized or "detained any one or more of such officers to take charge of the same, and to enforce the provisions of this Act, and any officer seizing or detaining any ship under this Act may use force, if necessary, for the purpose of enforcing seizure or detention, and if any person is killed or maimed by reason of his resisting such "officer in the execution of his duties, or any person acting under "his orders, such officer so seizing or detaining the ship, or other person, shall be freely and fully indemnified as well against the "Queen's Majesty, her heirs and successors, as against all persons so killed, maimed, or hurt. Special power of Secretary of State or chief exe cutive authority to "23. If the Secretary of State or the chief executive authority is "satisfied 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, such Secretary of State or chief executive authority shall have power to detain "issue a warrant stating that there is reasonable and probable cause ship. "for believing as aforesaid, and upon such warrant the local au"thority 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 66 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 like"wise 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 66 Special power of local authority to detain ship. 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 de"clare 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 66 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 owner is to be indemnified by the payment of costs and damages for the detainer, "all costs, charges, and expenses incurred by such owner in or about "any proceedings for the condemnation of such ship shall be added "to the costs and damages payable to him in respect of the detention "of the ship. แ "Nothing in this section contained shall apply to any foreign "non-commissioned ship despatched from any part of her Majesty's "dominions after having come within them under stress of weather "or in the course of a peaceful voyage, and upon which ship no "fitting out or equipping of a warlike character has taken place in "this country. "24. Where it is represented to any local authority, as defined "by this Act, and such local authority believes the representation, "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 execu"tive authority. "Upon the receipt of such communication the Secretary of State แ 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 probable 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. 66 66 66 66 warrant. Power of "25. The Secretary of State or the chief executive authority may, of State or Secretary "by warrant, empower any person to enter any dockyard or other executive place within her Majesty's dominions and inquire as to the desti- authority "nation of any ship which may appear to him to be intended to be to grant employed in the naval or military service of any foreign state at search war with a friendly state, and to search such ship. "26. Any powers or jurisdiction by this Act given to the Secretary "of State may be exercised by him throughout the dominions of "her Majesty, and such powers and jurisdiction may also be exer"cised by any of the following officers, in this Act referred to as "the chief executive authority, within their respective jurisdictions; "that is to say, "(1.) In Ireland by the Lord Lieutenant or other the chief governor or governors of Ireland for the time being, or "the chief secretary to the Lord Lieutenant : "(2.) In Jersey by the Lieutenant-Governor : "(3.) In Guernsey, Alderney, and Sark, and the dependent islands "by the Lieutenant-Governor. "(4.) In the Isle of Man by the Lieutenant-Governor : 66 (5.) 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. แ 66 Exercise o powers of Secretary of State or chief executive authority. Appeal from Court of Admiralty. "27. An appeal may be had from any decision of a Court of Admiralty under this Act to the same tribunal and in the same manner to and in which an appeal may be had in cases within the ordinary jurisdiction of the court as a Court of Admiralty. "28. Subject to the provisions of this Act providing for the Indemnity "award of damages in certain cases in respect of the seizure or de- to officers. "tention 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. "29. The Secretary of State shall not, nor shall the chief executive "authority be responsible in any action or other legal proceedings "whatsoever for any warrant issued by him in pusuance of this "Act, or be examinable as a witness, except at his own request, in any court of justice in respect of the circumstances which led to "the issue of the warrant. 66 "Interpretation Clause. "30. In this Act, if not inconsistent with the context, the following "terms have the meanings hereinafter respectively assigned to "them; that is to say, "Foreign state' includes any foreign prince, colony, province, or part of any province or people, or any person or persons "exercising or assuming to exercise the powers of government "in or over any foreign country, colony, province or part of "any province or people: "Military service' shall include military telegraphy and any "other employment whatever, in or in connection with any "military operation: "Naval service' shall, as respects a person, include service as "British possession' means any territory, colony, or 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 Majesty's "Principal Secretaries of State: 66 "The Governor' shall as respects India mean the Governor- 666 |