THE HONGKONG GOVERNMENT GAZETTE, 8TH OCTOBER, 1870.
(2.) All ships, and their equipments, and all arms and munitions of war, used in or forming part of
such expedition, shall be forfeited to Her Majesty.
12. Any person who aids, abets, counsels, or procures the commission of any offence against this Act Punishment of hall be liable to be tried and punished as a principal offender.
Illegal Prize.
accessories.
restored,
503
13. The term of imprisonment to be awarded in respect of any offence against this Act shall not Limitation of term
of imprisonment. exceed two years.
14. If, during the continuance of any war in which Her Majesty may be neutral, any ship, goods, or Illegal prize brought merchandise captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the into British ports
eatrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or despatched,
or the force of which may have been augmented, contrary to the provisions of this Act, are bought within the limits of Her Majesty's dominions by the captor, or any agent of the captor, or by any son having come into possession thereof with knowledge that the same was prize of war so captured as foresaid, it shall be lawful for the original owner of such prize, or his agent, or for any person authorised a that behalf by the Government of the foreign state to which such owner belongs, to make application to he Court of Admiralty for seizure and detention of such prize, and the court shall, on due proof of the facts, erder such prize to be restored.
Every such order shall be executed and carried into effect in the same manner, and subject to the same right of appeal, as in case of any order made in the exercise of the ordinary jurisdiction of such court; and the meantime and until a final order has been made on such application the court shall have power to make all such provisional and other orders as to the care or custody of such captured ship, goods, or merchandise, and (if the same be of perishable nature, or incurring risk of deterioration) for the sale thereof, and with respect to the deposit or investment of the proceeds of any such sale, as may be made by such court in the exercise of its ordinary jurisdiction.
General Provision.
15. For the purposes of this Act, a license by Her Majesty shall be under the sign manual of Her License by Her Ma- Majesty, or be signified by Order in Council or by proclamation of Her Majesty.
jesty how granted.
Legal Procedure.
16. Any offence against this Act shall, for all purposes of and incidental to the trial and punishment Jurisdiction in respect ef any person guilty of any such offence, be deemed to have been committed either in the place in which of offences by persons the offence was wholly or partly committed, or in any place within Her Majesty's dominion's in which the against Act. person who committed such offence may be.
17. Any offence against this Act may be described in any indictment or other document relating to Venue in respect of such offence, in cases where the mole of trial requires such a description, as having been committed at the offences by persons, place where it was wholly or partly committed, or it may be averred generally to have been committed 24 & 23 Vict. c. 97. within Her Majesty's dominions, and the venue or local description in the margin may be that of the country, city, or place in which the trial is held.
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offenders for trial.
18. The following authorities, that is to say, in the United Kingdom any judge of a superior court, in Power to remove any other place within the jurisdiction of any British court of justice, such court, or, if there are more cuts than one, the court having the highest criminal jurisdiction in that place, may, by warrant or strument in the nature of a warrant in this section included in the term warrant," direct that any fender charged with an offence against this Act shall be removed to some other place in Her Majesty's dominions for trial in cases where it appears to the authority granting the warrant that the removal of such fender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offence had been committed at such place.
Any warrant for the purposes of this section may be addressed to the master of any ship or any other persons, and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to any place or places named in such warrant, and to deliver him, when arrived at
ach place or places, into the custody of any authority designated by such warrant.
Every prisoner shall, during the time of his removal under any such warrant as aforesaid, be deemed
to be in the legal custody of the person or persons empowered to remove him.
Act.
19. All proceedings for the condemnation and forfeiture of a ship, or ship and equipment, or arms and Jurisdiction in resect munitions of war, in pursuance of this Act shall require the sanction of the Secretary of State or such chief of fortiture of shipa
for offences against Aecutive authority as is in this Act mentioned, and shall be had in the Court of Admiralty, and not in any ther Court; and the Court of Admiralty shall, in addition to any power given to the court by this Act, Save in respect of any ship or other matter brought before it in pursuance of this Act all powers which it Las in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction.
20. Where any offence against this Act has been committed by any person by reason whereof a ship, or Regulations as to hip and equipment, or arms and munitions of war, has or have become liable to forfeiture, proceedings prove lings against ay be instituted contemporaneously or not, as may be thought it, against the offender in any court having the surp prisdiction of the offence, and against the ship, or ship and equipment, or arians and munitions of war, for against the ship.
forfeiture in the Court of Admiralty; but it shall not be necessary to take proceedings against the fender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
21. The following officers, that is to say,
Officers authorised
(1.) Any officer of customs in the United Kingdom, subject nevertheless to any special or general to size offending
instructions from the Commissioners of Customs or any other of the Board of Trade, subject ships.
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 officers
(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 oflicer,
y seize or detain any ship liable to be seized or detained in parsnance of this Act, and such officers are in
* Act referred to as the "local authority;" but nothing in this Act contained shall derogate from the wer of the Court of Admiralty to direct any ship to be seized or detained by any offer by whom sach ast may have power under its ordinary jurisdiction to direct a ship to be sized or detail.
* the
29. Any officer authorised to seize of detain any ship in respect of any offence against this Act may, Powers of ofiteera
purpose of enforcing such seizure or detention, call to his aid any constable or olieers of police, or authorised to sulzə officers of Her Majesty's army or navy or marines, or any excise oficers or officers of customs, or any harbour- ships. dock-mastor, or any officers having authority by law to make seloives of ships, and may pit on board.
uster or