MAIL SHIPS.
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shall have the same jurisdiction as if the ship had been so arrested or detained, and any legal proceeding in relation to any such matter as aforesaid may be commenced by such service in the United Kingdom of any writ or process as may be prescribed by rules of court, and the High Court, on application, shall, in accordance with rules of court, cause the security to be applied in discharge of any such damages, fine, debt, claim sum, or forfeiture.
(2) Provided that nothing in this section shall render invalid the arrest of or detention of a ship before the prescribed notice has been given to the arresting authority, but such authority, on proof that the ship is an exempted mail ship, shall release the ship. Where the Commissioners of Customs, in pursuance of any Act or as a condition of waiving any forfeiture, require a deposit to be made by any exempted mail ship to which this section applies, the amount of such deposit shall, on notice from the Commissioners of Customs, and without any further proceeding, be set apart out of the security as money belonging to the said Commissioners, and shall be paid and applied as they direct, and any rules of court relating to such notice, payment, or application shall be made with the consent of the Treasury.
Application of Act to public ships.
6.-(1) Where the convention with a foreign State provides that any provisions of the convention similar to those contained in this Act shall in any cases apply to a public ship of a foreign State when employed as a mail ship, it shall be lawful for Her Majesty the Queen to agree that the like provisions shall apply to a public ship of Her Majesty in the like cases when employed as a mail ship, and to give effect to such agreement.
(2) An Order in Council applying this Act as regards a convention with a foreign State may, if it seems to Her Majesty in Council to be consistent with the convention so to do, apply this Act as regards a public ship of that foreign State when employed as a mail ship in the cases authorised by the convention, and this Act shall apply accordingly as if such ship were an exempted mail ship belonging to a private owner, and any person may be arrested on board such ship accordingly.
7.(1) Every fine under this Act, if exceeding £50, may be recovered by action in the High Court in England or Ireland or in the Court of Session in Scotland, and the Court in which it is recovered may reduce the amount of such fine; and a fine under this Act not exceeding £50 may be recovered on summary conviction, provided that every offence for which a fine exceeding £50 can be imposed under this Act may be prosecuted on summary conviction, but the fine imposed on such conviction shall not exceed £50.
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314
MAIL SHIPS.
313
(s. 5
shall have the same jurisdiction as if the ship had been so arrested or Act of 1891. detained, and any legal proceeding in relation to any such matter as afore- contd.] said may be commenced by such service in the United Kingdom of any writ or process as may be prescribed by rules of court, and the High Court, on application, shall, in accordance with rules of court, cause the security to be applied in discharge of any such damages, fine, debt, claim sum, or forfeiture.
(2) Provided that nothing in this section shall render invalid the arrest of or detention of a ship before the prescribed notice has been given to the arresting authority, but such authority, on proof that the ship is an exempted mail ship, shall release the ship. Where the Commissioners of Customs, in pursuance of any Act or as a condition of waiving any forfeiture, require a deposit to be made by any exempted mail ship to which this section applies, the amount of such deposit shall, on notice. from the Commissioners of Customs, and without any further proceeding, be set apart out of the security as money belonging to the said Com- missioners, and shall be paid and applied as they direct, and any rules of court relating to such notice, payment, or application shall be made with the consent of the Treasury.
of Act to public ships.
6.-(1) Where the convention with a foreign State provides that any Application provisions of the convention similar to those contained in this Act shall in any cases apply to a public ship of a foreign State when employed as a mail ship, it shall be lawful for Her Majesty the Queen to agree that the like provisions shall apply to a public ship of Her Majesty in the like cases when employed as a mail ship, and to give effect to such agreement.
(2) An Order in Council applying this Act as regards a convention with a foreign State may, if it seems to Her Majesty in Council to be consistent with the convention so to do, apply this Act as regards a public ship of that foreign State when employed as a mail ship in the cases authorised by the convention, and this Act shall apply accordingly as if such ship were an exempted mail ship belonging to a private owner, and any person may be arrested on board such ship accordingly.
7.(1) Every fine under this Act, if exceeding £50, may be recovered Legal by action in the High Court in England or Ireland or in the Court of proceedings. Session in Scotland, and the Court in which it is recovered may reduce the amount of such fine; and a fine under this Act not exceeding £50 may be recovered on summary conviction, provided that every offence for which a fine exceeding £50 can be imposed under this Act may be prosecuted on summary conviction, but the fine imposed on such con- viction shall not exceed £50.
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