THE HONGKONG GOVERNMENT GAZETTE, 16TH DECEMBER, 1871.
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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 Power of Secretary of enter any dockyard or other place within Her Majesty's dominions and inquire as to the destination of any State or executive ship which may appear to him to be intended to be employed in the naval or military service of any foreign authority to grant state at war with a friendly state, and to search such ship.
search warrant.
26. Any powers or jurisdiction by this Act given to the Secretary of State may be exercised by him Exercise of powers of throughout the dominious of Her Majesty, and such powers and jurisdiction may also be exercised by any Secretary of State of the following officers, in this Act referred to as the chief executive authority, within their respective authority. 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 or Man shall be laid before Parliament.
or chief executive
27. An appeal may be had from any decision of a Court of Admiralty under this Act to the same Appeal from Court tribunal and in the same manner to and in which an appeal may be had in cases within the ordinary juris- of Admiralty. diction 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 Indemnity to officers. 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 executive authority, be responsible in any Indemnity to Secre- action or other legal proceedings whatsoever for any warrant issued by him in pursuance of this Act, or be tary of State or chief
executive authority. 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.
Interpretation Clause.
30. In this Act, if not inconsistent with the context, the following terms have the meanings herein- Interpretation of after respectively assigned to them; that is to say,
54
terms.
'Foreign state' includes any foreign prince, colony, province, or part of any province or people, or “Foreign state:
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 cr in "Military service:'
connexion with any military operation:
"Naval service' shal, as respects a person, include service as a marine employment as a pilot in "Naval service:"
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: "United Kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands: "British possession" means any territory, colony, or place being part of Her Majesty's dominions, “British possession:"
and not part of the United Kingdom, as defined by this Act:
"United Kingdom: "
"The Secretary of State:"
"The Secretary of State" shall mean any one of Her Majesty's Principal Secretaries of State: "The Governor" shall as respects India mean the Governor General or the governor of any presidency, "Governor :
and where a British possession consists of several constituent colonies, mean the Governor General of the whole possession or the Governor of any of the constituent colonies, and as respects any other British possession it shall mean the officer for the time being administering the Government of such possession; also any person acting for or in the capacity of a governor shall be included under the term “Governor":
""
"Court of Admiralty" shall mean the High Court of Admiralty of England or Ireland, the Court of "Court of Admiralty:” -
Session of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions:
"Ship" shall include any description of boat, vessel, floating battery, or floating craft; also any "Ship:"
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 con- "Building : "
struction of a ship, and all words having relation to building shall be construed accordingly:
Ci
Equipping" in relation to a ship shall include the furnishing a ship with any tackle, apparel, furniture, “Equipping :"
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: "Master" shall include any person having the charge or command of a ship.
Repeal of Acts, and Saving Clauses.
"Ship and equip- ment: " "Master."
59 G. 3. c. 69.
31. From and after the commencement of this Act, an Act passed in the fifty-ninth year of the reign Repeal of Foreign of His late Majesty King George the Third, chapter sixty-nine, intituled "An Act to prevent the enlisting Enlistment Act.
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 repcal 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.
52. Nothing in this Act contained shall subject to forfeiture any commissioned ship of any foreign Saving as to commis state, or give to any British court over or in respect of any ship entitled to recognition as a commissioned sioned foreign ships. 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 Penalties not to
a person who enters into the military service of any prince, state, or potentate in Asia, with such leave extend to persons er license as is for the time being required by law in the case of subjects of Her Majesty entering into the entering into military military service of princes, states, or potentates in Asia.
service in Asin.
59 G. S. c. 69. s. 12.