312
Act of 1891. [s. 3 contd.]
Arrest and execution
of process on board exempted mail ship.
Exemption
from seizure of exempted mail ship.
MAIL SHIPS.
(8) Rules of court may be made for carrying this section into effect, and in particular for regulating the nature, amount, and value of the security to be given, and the mode of giving security, and of giving notices to the arresting authorities, and for providing for the evidence of the exemption of ships under this section, and for the information to be given from time to time to the High Court respecting the ships to which the security applies, and for the jurisdiction of the High Court under this Act being exercised in chambers.
4.-(1) Where this section applies to a convention with a foreign State, and an exempted mail ship to which this section applies is in a port in the United Kingdom no person shall be arrested without warrant on board such ship, and before any process civil or criminal authorising the arrest of any person who is on board such ship is executed against that person the following provisions of this section shall be observed; that is to say,-
(a) written notice of the intention to arrest a person who is, or is suspected to be, on board the ship, stating the hour at which, if necessary, the ship will be searched, shall, if it is a ship of a foreign State and there is at the port a consulate of that State, be left at the consulate, addressed to the consular officer;
(b) it shall be the duty of the master upon demand, if the said person is on board his ship, to enable the proper officer to arrest him;
(c) if the officer is unable to arrest the said person he may, but if it is a foreign ship only after the expiration of such time after notice was left at the consulate as is specified in the convention, search the ship for such person, and if he is found may arrest him.
(2) The ship may be delayed for the purposes of this section for the time specified in the convention, but not for any longer time.
(3) If the master of a ship refuses to permit a search of the ship in accordance with this section, any officer of customs may detain the ship, and such master shall be liable to a fine of £500.
(4) This section shall apply to the arrest of the master in like manner as in the case of any other person.
5. (1) An exempted mail ship to which this section applies shall not, subject as in this Act mentioned, be liable to be arrested or detained by any arresting authority either for the purpose of founding jurisdiction in any Court of Admiralty, or of enforcing the payment of any damages, fine, debt, or other claim or sum, or enforcing any forfeiture, whether arising from the misconduct of the master or any of the crew or otherwise, but every Court of the United Kingdom by the process of which the ship could have been under the circumstances arrested or detained
312
Act of 1891. [s. 3 contd.]
Arrest and execution
of process on board exempted mail ship.
Exemption
from seizure of exempted mail ship.
MAIL SHIPS.
(8) Rules of court may be made for carrying this section into effect, and in particular for regulating the nature, amount, and value of the. security to be given, and the mode of giving security, and of giving notices to the arresting authorities, and for providing for the evidence of the exemption of ships under this section, and for the information to be given from time to time to the High Court respecting the ships to which the security applies, and for the jurisdiction of the High Court under this Act being exercised in chambers.
4.-(1) Where this section applies to a convention with a foreign State, and an exempted mail ship to which this section applies is in a port in the United Kingdom no person shall be arrested without warrant on board such ship, and before any process civil or criminal authorising the arrest of any person who is on board such ship is executed against that person the following provisions of this section shall be observed; that is to say,-
(a) written notice of the intention to arrest a person who is, or is suspected to be, on board the ship, stating the hour at which, if necessary, the ship will be searched, shall, if it is a ship of a foreign State and there is at the port a consulate of that State, be left at the consulate, addressed to the consular officer;
(b) it shall be duty of the master upon demand, if the said person is on board his ship, to enable the proper officer to arrest him;
(c) if the officer is unable to arrest the said person he may, but if it is a foreign ship only after the expiration of such time after notice was left at the consulate as is specified in the convention, search the ship for such person, and if he is found may arrest him.
(2) The ship may be delayed for the purposes of this section for the time specified in the convention, but not for any longer time.
(3) If the master of a ship refuses to permit a search of the ship in accordance with this section, any officer of customs may detain the ship, and such master shall be liable to a fine of £500.
(4) This section shall apply to the arrest of the master in like manner as in the case of any other person.
5. (1) An exempted mail ship to which this section applies shall not, subject as in this Act mentioned, be liable to be arrested or detained by any arresting authority either for the purpose of founding jurisdiction in any Court of Admiralty, or of enforcing the payment of any damages, fine, debt, or other claim or sum, or enforcing any forfeiture, whether arising from the misconduct of the master or any of the crew or other- wise, but every Court of the United Kingdom by the process of which the ship could have been under the circumstances arrested or detained
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