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THE NEW ZEALAND GAZETTE. 575

indemnified by the payment of costs and damages in
respect of the detention upon application to the Court
of Admiralty in a summary way in like manner as he
is entitled to be indemnified where the Secretary of
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.

Power of Secretary of State or executive authority to grant
search-warrant.
25. The Secretary of State or the chief executive
authority may, by warrant, empower any person to
enter any dockyard or other place within Her
Majesty's dominions, and inquire as to the destina-
tion of any ship which may appear to him to be in-
tended to be employed in the naval or military
service of any foreign State at war with a friendly
State, and to search such ship.

Exercise of powers of Secretary of State or chief executive
authority.
26. Any powers or jurisdiction by this Act given
to the Secretary of State may be exercised by him
throughout the dominions of Her Majesty, and such
powers and jurisdiction may also be exercised by any
of the following officers, in this Act referred to as
the chief executive authority, within their respective
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-Gover-
nor:
(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 authorized in pursuance of
this Act to issue such warrant in Ireland, the Channel
Islands, or the Isle of Man, shall be laid before Par-
liament.

Appeal from Court of Admiralty.
27. An appeal may be had from any decision of a
Court of Admiralty under this Act to the same
tribunal and in the same manner to and in which an
appeal may be had in cases within the ordinary juris-
diction of the Court as a Court of Admiralty.

Indemnity to officers.
28. Subject to the provisions of this Act providing
for the award of damages in certain cases in respect
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 de-
tention of any ship in pursuance of this Act.

Indemnity to Secretary of State or chief executive authority.
29. The Secretary of State shall not, nor shall the
chief executive authority, be responsible in any
action or other legal proceedings whatsoever for any
warrant issued by him in pursuance of this Act, or
be examinable as a witness, except at his own re-
quest, in any Court of justice in respect of the cir-
cumstances which led to the issue of the warrant.

Interpretation Clause.
Interpretation of terms.
30. In this Act, if not inconsistent with the con-
text, the following terms have the meanings herein-
after respectively assigned to them; that is to say,–

"Foreign State."
"Foreign State" includes any foreign prince,
colony, province, or part of any province or
people, or any person or persons exercising or
assuming to exercise the powers of govern-
ment in or over any foreign country, colony,
province, or part of any province, or people:

"Military service."
"Military service" shall include military tele-
graphy and any other employment whatever,
in or in connection with any military opera-
tion:

"Naval service."
"Naval service" shall, as respects a person, in-
clude service as a marine, employment as a
pilot in 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 employ-
ment whatever on board a ship of war, trans-
port, 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, priva-
teer, or ship under letters of marque:

"United Kingdom."
"United Kingdom" includes the Isle of Man,
the Channel Islands, and other adjacent is-
lands:

"British possession."
"British possession" means any territory, colony,
or place, being part of Her Majesty's do-
minions, and not part of the United Kingdom,
as defined by this Act:

"The Secretary of State."
"The Secretary of State" shall mean any one
of Her Majesty's Principal Secretaries of
State:

"Governor."
"The Governor" shall, as respects India, mean
the Governor-General or the Governor of any
Presidency; 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."
"Court of Admiralty" shall mean the High
Court of Admiralty of England or Ireland,
the Court of Session of Scotland, or any Vice-
Admiralty Court within Her Majesty's do-
minions:

"Ship."
"Ship" shall include any description of boat,
vessel, floating battery, or floating craft; also
any description of boat, vessel, or other craft
or battery, made to move either on the sur-
face of or under water, or sometimes on
the surface of and sometimes under water:

"Building."
"Building," in relation to a ship, shall include
the doing any act towards or incidental to the
construction of a ship, and all words having
relation to building shall be construed accord-
ingly:

"Equipping."
"Equipping," in relation to a ship, shall include
the furnishing a ship with any tackle, apparel,
furniture, 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 :



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VUW Te Waharoa PDF NZ Gazette 1870, No 63





✨ LLM interpretation of page content

πŸ›οΈ Text of The Foreign Enlistment Act, 1870 (Sections 25 to 30 and Interpretation) (continued from previous page)

πŸ›οΈ Governance & Central Administration
9 August 1870
Legislation, Foreign Enlistment Act, Search warrant, Jurisdiction, Indemnity, Definitions, Secretary of State