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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 Order, 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 Order, then the ship shall be detained till released by order of the Governor

The Court may in cases where no proceedings are pending for its condemnation release any ship detained under this article on the owner giving security to the satisfaction of the Court that the ship shall not be employed contrary to this Order, 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, con missioned, or intended to be despatched contrary to this Order. The Governor may likewise release any ship detained under this article on the owner giving security to the satisfaction of such Governor that the ship shall not be employed contrary to this Order, or may release the ship without such security if the Governor 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 proper financial officer of the Protectorate out of any moneys legally applicable for that purpose. The Court 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, cases where the ship is released by the order of the Governor, before any application is made by the owner or his agent to the Court for such release.

Nothing in this article contained shall affect any proceedings instituted or to be instituted for the condemnation of any ship detained under this article where such ship is liable to forfeiture, subject to this provision, that if such ship is restored in pursuance of this article 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.

Nothing in this article contained shall apply to any foreign non-commissioned ship despatched from any Protectorate after having come within the same 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 the Protectorate.

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24. Where it is represented to any local authority as defined Special power by this Order, and such local authority believes the representation of local that there is a reasonable and probable cause for believing that detain ship. a ship within a Protectorate has been or is being built, commissioned, or equipped contrary to this Order, and is about to be taken beyond the limits of the Protectorate, or that a ship is about to be despatched contrary to this Order, it shall be the duty of such local authority to detain such ship, and forthwith to communicate the fact of such detention to the Governor.

l'pon the receipt of such communication the Governor 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 Order, 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 Governor without any communication from the local authority.

Where the Governor 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 in a summary way in like manner as he is entitled to be indemnified where the Governor having issued his warrant under this Order releases the ship before any application is made by the owner or his agent to the Court for such release.

25. The Governor may, by warrant, empower any person to Power of enter any dockyard or other place within the Protectorate and Governor to

grant search inquire as to the destination of any ship which may appear to him to be intended to be employed in the naval or military service of any foreign state at war with a friendly state and to search such

warrant.

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26. An appeal may be had from any decision of the Court Appeal from under this Order to the same tribunal and in the same manner to Court. and in which an appeal may be had in cases within the ordinary jurisdiction of the Court.

27. Subject to the provisions of this Order providing for the Indemnity award of damages in certain cases in respect of the seizure or

to officere. detention of a ship by the Court 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 Order.

28. The Governor shall not be responsible in any action or Indemnity other legal proceedings whatsoever for any warrant issued by him to Governor. in pursuance of this Order, 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.

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“ Military Service."

“ Naval Service."

Interpretation Clause. 29. In this Order if not inconsistent with the context the following terms have the meanings hereinafter respectively assigned to them, that is to say: “Court” and “magistrate mean respectively such Court

and such officer as the Governor may by notification

published in the Protectorate from time to time prescribe. “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 a marine, employment as a pilot in piloting or directing the course of a ship of war or other ship 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. “ The Governor” shall mean the officer by whatever name

designated for the time being administering the

government of a Protectorate. “Ship” shall include any description of boat, vessel, floating

battery, or floating craft; also any description of boat, vessel or other craft or battery, made to move either on the surface of or under water; or sometimes on the

surface of and sometimes under water. “ Building”in relation to a ship shall include the doing 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 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 everything

in or belonging to a ship.

“ Governor."

“Ship.”

“ Building."

66

“Equipping.”

Master” shall include any person having the charge or “Mastor.”

command of a ship.
“Hard Labour” shall include such punishment in the nature “ Hard

Labour.” of hard labour as may be awarded under any law for

the time being in force within the Protectorate. 30. Nothing in this Order contained shall subject to forfeiture Saving as to any commissioned ship of any foreign state, or give to the Court commissioned

foreign shijs. over or in respect of any ship entitled to recognition as a commissioned ship of any foreign state any jurisdiction which it would not have had if this Order had not passed.

And the Right Honourable the Marquess of Lansdowne, K.G., and the Right Honourable Alfred Lyttelton, two of His Majesty's Principal Secretaries of State, are to give the necessary directions herein accordingly.

A. W. FITZROY.

SCHEDULE.

List of Protectorates to which this Order applies :-
Northern Nigeria.

North-Eastern Rhodesia.
Southern Nigeria.

Swaziland.
Sierra Leone Protectorate.

British Central Africa.
Gambia Protectorate.

British East Africa.
Lagos Protectorate.

Uganda.
Northern Territories of the Somaliland.
Gold Coast.

Weihaiwei.
Southern Rhodesia.

British North Borneo.
Barotziland.

Brunei.
North-Western Rhodesia.

Sarawak.
Any protected island or territory for the time being within the
limits of the Pacific Order in Council, 1893.

ORDER IN COUNCIL.

BRITISH PROTECTORATES NEUTRALITY

(AMENDMENT) ORDER, 1904.

AT THE COURT AT BUCKINGHAM PALACE,

THE 14TH DAY OF NOVEMBER, 1904.

Present :

THE KING'S MOST EXCELLENT MAJESTY,

LORD CHANCELLOR.

MR. A. GRAHAM MURRAY. LORD PRESIDENT.

MR. J. L. WHARTON. EARL OF KINTORE.

SIR A. F. ACLAND-Hood. MR. SECRETARY AKERS-DOUGLAS,

WHEREAS by an Order in Council bearing date the twentyfourth day of October one thousand nine hundred and four and known as the British Protectorates Neutrality Order in Council 1904 provision was made for the regulation of the conduct of the inhabitants of British Protectorates and other persons residing therein, during the existence of hostilities between foreign states with which His Majesty is at peace:

And whereas the Bechuanaland Protectorate was not included amongst the Protectorates enumerated in the Schedule to the said Order and the said Order therefore does not extend to the said Protectorate :

And whereas it is expedient that the said Order should extend to the said Protectorate ; and that the said Schedule should be otherwise amended :

Now, therefore, IIis Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act 1890 or otherwise in His Majesty vested, is pleased by and with the advice of His Privy Council to order, and it is hereby ordered, as follows:

1. The British Protectorates Neutrality Order in Council 1904 is hereby amended by the substitution of the following Schedule for the Schedule annexed to the said Order, viz. :

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