International Law. A Treatise Volume Ii Part 110

[Sidenote: Regulations as to Proceedings against the Offender and the s.h.i.+p.]

20. Where any offence against this Act has been committed by any person by reason whereof a s.h.i.+p, or s.h.i.+p and equipment, or arms and munitions of war, has or have become liable to forfeiture, proceedings may be inst.i.tuted contemporaneously or not, as may be thought fit, against the offender in any court having jurisdiction of the offence, and against the s.h.i.+p, or s.h.i.+p 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 inst.i.tuted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.

[Sidenote: Officer authorised to seize offending s.h.i.+ps.]

21. The following officers, that is to say,--

(1) Any officer of customs in the United Kingdom, subject nevertheless to any special or general instructions from the Commissioners of Customs or any officer of the Board of Trade, subject nevertheless to any special or general instructions from the Board of Trade;

(2) Any officer of customs or public officer in any British possession, subject nevertheless to any special or general instructions from the governor of such possession;

(3) Any commissioned officer on full pay in the military service of the Crown, subject nevertheless to any special or general instructions from his commanding officer;

(4) Any commissioned officer on full pay in the naval service of the Crown, subject nevertheless to any special or general instructions from the Admiralty or his superior officer, may seize or detain any s.h.i.+p 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 derogate from the power of the Court of Admiralty to direct any s.h.i.+p to be seized or detained by any officer by whom such court may have power under its ordinary jurisdiction to direct a s.h.i.+p to be seized or detained.

[Sidenote: Powers of Officers authorised to seize s.h.i.+ps.]

22. Any officer authorised to seize or detain any s.h.i.+p 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 officer or officers of customs, or any harbour-master or dock-master, or any officers having authority by law to make seizures of s.h.i.+ps, and may put on board any s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p, 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.

[Sidenote: Special Power of Secretary of State or Chief Executive Authority to detain s.h.i.+p.]

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 s.h.i.+p 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 s.h.i.+p 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 such warrant the local authority shall have power to seize and search such s.h.i.+p, and to detain the same until it has been either condemned or released by process of law, or in manner herein-after mentioned.

The owner of the s.h.i.+p 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 s.h.i.+p was not and is not being built, commissioned, or equipped or intended to be despatched contrary to this Act, the s.h.i.+p shall be released and restored.

If the applicant fail to establish to the satisfaction of the court that the s.h.i.+p was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, then the s.h.i.+p 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 s.h.i.+p detained under this section on the owner giving security to the satisfaction of the court that the s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p detained under this section on the owner giving security to the satisfaction of such Secretary of State or chief executive authority that the s.h.i.+p shall not be employed contrary to this Act, or may release the s.h.i.+p 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 a.s.sessed by the court, and any amount so a.s.sessed 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 s.h.i.+p 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 inst.i.tuted or to be inst.i.tuted for the condemnation of any s.h.i.+p detained under this section where such s.h.i.+p is liable to forfeiture subject to this provision, that if such s.h.i.+p 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 s.h.i.+p shall be added to the costs and damages payable to him in respect of the detention of the s.h.i.+p.

Nothing in this section contained shall apply to any foreign non-commissioned s.h.i.+p 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 s.h.i.+p no fitting out or equipping of a warlike character has taken place in this country.

[Sidenote: Special Power of Local Authority to detain s.h.i.+p.]

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 s.h.i.+p 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 s.h.i.+p is about to be despatched contrary to this Act, it shall be the duty of such local authority to detain such s.h.i.+p, 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p to be released on the receipt of a communication from the local authority without issuing his warrant, the owner of the s.h.i.+p 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 ent.i.tled to be indemnified where the Secretary of State having issued his warrant under this Act releases the s.h.i.+p before any application is made by the owner or his agent to the court for such release.

[Sidenote: Power of Secretary of State or Executive Authority to grant Search Warrant.]

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 s.h.i.+p 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 s.h.i.+p.

[Sidenote: Exercise of Powers of Secretary of State or Chief Executive Authority.]

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 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,

(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 authorised in pursuance of this Act to issue such warrant in Ireland, the Channel Islands, or the Isle of Man shall be laid before Parliament.

[Sidenote: 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.

[Sidenote: Indemnity to Officers.]

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 s.h.i.+p 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 s.h.i.+p in pursuance of this Act.

[Sidenote: Indemnity to Secretary of State or Chief Executive Authority.]

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 pursuance of this Act, or be examinable as a witness, except at his own request, in any court of justice in respect of the circ.u.mstances which led to the issue of the warrant.

_Interpretation Clause._

[Sidenote: Interpretation of Terms.]

30. In this Act, if not inconsistent with the context, the following terms have the meanings herein-after respectively a.s.signed to them; that is to say,

[Sidenote: "Foreign State:"]

"Foreign state" includes any foreign prince, colony, province, or part of any province or people, or any person or persons exercising or a.s.suming to exercise the powers of government in or over any foreign country, colony, province, or part of any province or people:

[Sidenote: "Military Service:"]

"Military service" shall include military telegraphy and any other employment whatever, in or in connection with any military operation:

[Sidenote: "Naval Service:"]

"Naval service" shall, as respects a person, include service as a marine, employment as a pilot in piloting or directing the course of a s.h.i.+p of war or other s.h.i.+p when such s.h.i.+p of war or other s.h.i.+p is being used in any military or naval operation, and any employment whatever on board a s.h.i.+p of war, transport, store s.h.i.+p, privateer or s.h.i.+p under letters of marque; and as respects a s.h.i.+p, include any user of a s.h.i.+p as a transport, store s.h.i.+p, privateer or s.h.i.+p under letters of marque:

[Sidenote: "United Kingdom:"]