FOREIGN ENLISTMENT ACT 1870 - SECT 23 Special power of Secretary of State to detain ship.

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FOREIGN ENLISTMENT ACT 1870 - SECT 23

Special power of Secretary of State to detain ship.

23. If the Secretary of State ... is satisfied 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, such Secretary of State ... shall have
power to issue a warrant stating that there is reasonable and probable cause
for believing as aforesaid, and upon such warrant the local authority shall
have power to seize and search such ship, and to detain the same until it has
been either condemned or released by process of law, or in manner herein-after
mentioned.

The owner of the ship so detained, or his agent, may apply to the
Court of Admiralty for its release, and the court shall as soon as possible
put the matter of such seizure and detention in course of trial between the
applicant and the Crown.

If the applicant establish to the satisfaction of the court that the ship was
not and is not being built, commissioned, or equipped, or intended to be
despatched contrary to this Act, the ship shall be released and restored.

If the applicant fail to establish to the satisfaction of the court that the
ship was not and is not being built, commissioned, or equipped, or intended to
be despatched contrary to this Act, then the ship shall be detained till
released by order of the Secretary of State ....

The court may in cases where no proceedings are pending for its condemnation
release any ship detained under this section on the owner giving security to
the satisfaction of the court that the ship shall not be employed contrary to
this Act, notwithstanding that the applicant may have failed to establish to
the satisfaction of the court that the ship was not and is not being built,
commissioned, or intended to be despatched contrary to this Act. The Secretary
of State ... may likewise release any ship detained under this section on the
owner giving security to the satisfaction of such Secretary of State ... that
the ship shall not be employed contrary to this Act, or may release the ship
without such security if the Secretary of State ... 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 declare 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 said court, and any amount so
assessed shall be payable by 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 ..., 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.

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Northern Irish Legislation

FOREIGN ENLISTMENT ACT 1870 - SECT 23