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 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 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 Special power by this Act, and such local authority believes the representation, of local that there is a reasonable and probable cause for believing that a detain ship. authority to 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. 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 Power of Secretary of State or executive authority to grant search warrant. Exercise of powers of Secretary of 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. 25. The Secretary of State or the chief executive authority may, by warrant, empower any person to enter any dockyard or other place within Her Majesty's dominions and 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 that ship. 26. Any powers or jurisdiction by this Act given to the Secretary of State may be exercised by him throughout the dominions State or chief of Her Majesty, and such powers and jurisdiction may also be exercised by any of the following officers, in this Act referred to as the chief executive authority, within their respective jurisdictions; that is to say, executive authority. Appeal from Indemnity to officers. (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 : (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. 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 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. 29. The Secretary of State shall not, nor shall the chief execu- Indemnity to tive authority, be responsible in any action or other legal proceed- Secretary of ings whatsoever for any warrant issued by him in pursuance of State or chief this Act, or be examinable as a witness, except at his own request, authority. in any court of justice in respect of the circumstances which led to the issue of the warrant. Interpretation Clause. executive 30. In this Act, if not inconsistent with the context, the fol- Interpretalowing terms have the meanings hereinafter respectively assigned tion of terms. to them; that is to say, 66 state": Foreign state" includes any foreign prince, colony, province, “Foreign 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 "Military other employment whatever, in or in connexion with any service": military operation : "Naval service" shall, as respects a person, include service as "Naval a marine, employment as a pilot in piloting or directing the service": 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: "United Kingdom" includes the Isle of Man, the Channel "United Islands, and other adjacent islands: Kingdom": "British possession" means any territory, colony, or place being "British part of Her Majesty's dominions, and not part of the United possession": Kingdom, as defined by this Act: Secretary of "The Secretary of State" shall mean any one of Her Majesty's "The "Court of Admiralty": "Ship": "Building": "Equipping": "Ship and equipment": "Master." Repeal of Act. 66 ralty of England or Ireland, the Court of Session of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions: Ship" shall include any description of boat, vessel, floating "Building" in relation to a ship shall include the doing any Ship and equipment" shall include a ship and everything in or belonging to a ship: "Master" shall include any person having the charge or command of a ship. Repeal of Acts, and Saving Clauses. 31. From and after the commencement of this Act, an Act passed in the fifty-ninth year of the reign of His late Majesty King George the Third, chapter sixty-nine, intituled "An Act to 59 G. 3, c. 69. prevent the enlisting or engagement of His Majesty's subjects to serve in foreign service, and the fitting out or equipping, in His Majesty's dominions, vessels for warlike purposes, without His Majesty's license," shall be repealed: Provided that such repeal shall not affect any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation, nor the institution of any investigation or legal proceeding, or any other remedy for enforcing any such penalty, forfeiture, or punishment as aforesaid. Saving as to foreign ships. any 32. Nothing in this Act contained shall subject to forfeiture commissioned commissioned ship of any foreign state, or give to any British Court 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 Act had not passed. Penalties not to extend to persons entering into military service in 33. Nothing in this Act contained shall extend or be construed to extend to subject to any penalty any person who enters into the military service of any prince, state, or potentate in Asia, with such leave or license as is for the time being required by law in the case of subjects of Her Majesty entering into the military service of 59 G. 3, c. 69, princes, states, or potentates in Asia. Asia. EXTRA-TERRITORIAL JURISDICTION. 34 VICT. c. 8. An Act for extending the Jurisdiction of the Courts of the West African Settlements to certain offences committed out of Her Majesty's Dominions. [31st March, 1871. Whereas the inhabitants of certain territories in Africa adjoining Her Majesty's Settlements of Sierra Leone, Gambia, Gold Coast, and Lagos, and the adjacent protectorates, not being within the jurisdiction of any civilized government, and crimes and outrages having been and being likely (unless restrained by law) to be committed within such territories against British subjects and persons resident within any of the said Settlements, it is requisite to provide for the trial and punishment of such crimes and outrages. Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say) 1. Crimes or offences committed within twenty miles of the boundary of any of the said Settlements, or of any adjacent protectorate by any of Her Majesty's subjects, or by persons not subjects of any civilized Power, against the persons of British subjects, or of persons resident within any of the said Settlements, shall be cognizable in the Superior Courts exercising criminal jurisdiction within any of the said Settlements, and shall be inquired of, tried, prosecuted, and, upon conviction, punished in such and in the same manner as if the crime or offence had been committed within such Settlement. 2. Any person known or suspected to have committed a crime or offence within the first section of this Act may be apprehended in any of the said Settlements, and kept in custody therein, in like manner as if the said crime or offence had been committed within such Settlement. |