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 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 "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 "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 66 despatched in contravention of this Act, he shall issue his warrant แ 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 66 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 46 or his agent to the court for such release. 66 Power of of State or executive 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 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 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 : 66 "(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. Exercise o powers of Secretary of State or chief executive authority. "27. An appeal may be had from any decision of a Court of Appeal "Admiralty under this Act to the same tribunal and in the same from Court "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 de"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. of Admiralty. Indemnity to officers. "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: 66 "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 "The Governor' shall as respects India mean the Governor- 66 66 "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: "Build ing:" "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 accord"ingly: "Equipping' in relation to a ship shall include the furnishing "Equip"a ship with any tackle, apparel, furniture, provisions, arms, ping:" "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: "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 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 licence,' shall he repealed: provided that such repeal "shall not affect any penalty, forfeiture, or other punishment in"curred or to be incurred in respect of any offence committed before "this Act comes into operation, nor the institution of any investiga"tion or legal proceeding, or any other remedy for enforcing any "such penalty, forfeiture, or punishment as aforesaid. แ "32. Nothing in this Act contained shall subject to forfeiture any "commissioned ship of any foreign state, or give to any British court "over or in respect of any ship entitled to recognition as a com"missioned ship of any foreign state any jurisdiction which it would "not have had if this Act had not passed. "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 licence as is for the time being required by law in "the case of subjects of her Majesty entering into the military "service of princes, states, or potentates in Asia." 66 Ship and equip 19 ment: Repeal of Foreign Enlistment Act, 59 G. 3, c. 69. Saving as to commissioned foreign ships. Penalties not to ex tend to persons entering into military service in Asia. 59 G. 3, c. 69, s. 12. APPENDIX VII. PAGE 459. (Extract from Ortolan, Diplomatie de la Mer, t. ii. p. 441.) "Avis du Conseil d'Etat sur la Compétence en matière de Delits "commis à bord des Vaisseaux neutres, dans les Ports et Rades "de France. [20 novembre 1806.] 66 66 66 66 66 "LE Conseil d'Etat qui, d'après le renvoi à lui fait par sa Ma"jesté, a entendu le rapport de la section de législation sur celui "du grand-juge ministre de la justice, tendant à régler les limites "de la juridiction que les Consuls des Etats-Unis d'Amérique, aux ports de Marseille et d'Anvers, réclament, par rapport aux "délits commis à bord des vaisseaux de leur nation, étant dans les ports et rades de France;-Considérant qu'un vaisseau neutre ne peut être indéfiniment considéré comme lieu neutre, et que la protection qui lui est accordée dans les ports français ne saurait "dessaisir à la juridiction territoriale, pour tout ce qui touche aux "intérêts de l'Etat ;-Qu'ainsi, le vaisseau neutre admis dans un port de l'Etat, est de plein droit soumis aux lois de police qui régissent le lieu où il est reçu;-Que les gens de son équipage sont également justiciables des tribunaux du pays pour les délits "qu'ils y commettraient, même à bord, envers des personnes étran"gères à l'équipage, ainsi que pour les Conventions civiles qu'ils "pourraient faire avec elles;-Mais, que si jusque-là, la juridic"tion territoriale est hors de doute, il n'en est pas ainsi à l'égard "des délits qui se commettent à bord du vaisseau neutre, de la part "d'un homme de l'équipage;-Qu'en ce cas, les droits de la Puis66 sance neutre doivent être respectés, comme s'agissant de la discipline intérieure du vaisseau, dans laquelle l'autorité locale ne doit pas s'ingérer, toutes les fois que son secours n'est pas réclamé, ou que la tranquillité du port n'est pas compromise;-Est d'avis "que cette distinction, indiquée par le rapport du grand-juge et "conforme à l'usage, est la seule règle qu'il convienne de suivre en "cette matière ;-Et appliquant cette doctrine aux deux espèces "particulières pour lesquelles ont réclamé les Consuls des Etats"Unis;-Considérant que dans l'une de ces affaires, il s'agit d'une "rixe passée dans le canot du navire américain La Newton, entre "deux matelots du même navire, et dans l'autre d'une blessure "grave faite par le captaine en second du navire La Sally, à l'un "de ses matelots, pour avoir disposé du canot sans son ordre; 66 "Est d'avis qu'il y a lieu d'accueillir la réclamation, et d'interdire "aux tribunaux français la connaissance des deux affaires pré"citées." |