β¨ Text of Legislation
40
THE NEW ZEALAND GAZETTE.
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 in 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 or 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.
License by Her Majesty, how granted.
15. For the purposes of this Act, a license by Her
Majesty shall be under the sign-manual of Her
Majesty, or be signified by Order in Council, or by
Proclamation of Her Majesty.
Legal Procedure.
Jurisdiction in respect of offences by persons against Act.
16. Any offence against this Act shall, for all pur-
poses of and incidental to the trial and punishment
of any person guilty of any such offence, be deemed
to have been committed either in the place in which
the offence was wholly or partly committed, or in any
place within Her Majesty's dominions in which the
person who committed such offence may be.
Venue in respect of offences by persons. 24 and 25 Vict. c. 97.
17. Any offence against this Act may be described
in any indictment or other document relating to
such offence, in cases where the mode of trial re-
quires such a description, as having been committed
at the place where it was wholly or partly committed,
or it may be averred generally to have been com-
mitted within Her Majesty's dominions, and the
venue or local description in the margin may be that
of the county, city, or place in which the trial is
held.
Power to remove offenders for trial.
18. The following authorities, that is to say, in the
United Kingdom any Judge of a superior Court, in
any other place within the jurisdiction of any British
Court of Justice, such Court, or, if there are more
Courts than one, the Court having the highest criminal
jurisdiction in that place, may, by warrant or instru-
ment in the nature of a warrant in this section in-
cluded in the term "warrant," direct that any offender
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 offender 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 in such
place.
Any warrant for the purposes of this section may
be addressed to the master of any ship or to any
other person or 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 such place or places, into the custody
of any authority designated by such warrant.
Every prisoner shall, during the time of his re-
moval under any such warrant as aforesaid, be
deemed to be in the legal custody of the person or
persons empowered to remove him.
Jurisdiction in respect of forfeiture of ships for offences
against Act.
19. All proceedings for the condemnation and for-
feiture of a ship, or ship and equipment, or arms and
munitions of war, in pursuance of this Act, shall re-
quire the sanction of the Secretary of State or such
chief executive authority as is in this Act mentioned,
and shall be had in the Court of Admiralty, and not
in any other Court; and the Court of Admiralty
shall, in addition to any power given to the Court by
this Act, have in respect of any ship or other matter
brought before it in pursuance of this Act all powers
which it has in the case of a ship or matter brought
before it in the exercise of its ordinary jurisdiction.
Regulations as to proceedings against the offender and
against the ship.
20. Where any offence against this Act has been
committed by any person by reason whereof a ship,
or ship and equipment, or arms and munitions of
war, has or have become liable to forfeiture, proceed-
ings may be instituted, contemporaneously or not, as
may be thought fit, against the offender in any Court
having jurisdiction of the offence, and against the
ship, or ship and equipment, or arms and munitions
of war, for the forfeiture in the Court of Admiralty;
but it shall not be necessary to take proceedings
against the offender because proceedings are insti-
tuted for the forfeiture, or to take proceedings for
the forfeiture because proceedings are taken against
the offender.
Officers authorized to seize offending ships.
21. The following officers, that is to say,
(1.) Any officer of Customs in the United King-
dom, subject nevertheless to any special or
general instructions from the Commissioners
of Customs, or any officer of the Board of
Trade, subject 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 never-
theless to any special or general instructions
from his commanding officer;
(4.) Any commissioned officer on full pay in the
naval service of the Crown, subject neverthe-
less to any special or general instructions from
the Admiralty or his superior officer,
may seize or detain any ship liable to be seized or
detained in pursuance of this Act, and such officers
are in this Act referred to as the "local authority;"
but nothing in this Act contained shall derogate from
the power of the Court of Admiralty to direct any
ship to be seized or detained by any officer by whom
such Court may have power under its ordinary
jurisdiction to direct a ship to be seized or detained.
Powers of officers authorized to seize ships.
22. Any officer authorized to seize or detain any
ship in respect of any offence against this Act may,
for the purpose of enforcing such seizure or deten-
tion, call to his aid any constable or officers of police,
or any officers of Her Majesty's army or navy or
marines, or any excise officers or officers of customs,
or any harbour-master or dock-master, or any officers
having authority by law to make seizures of ships,
and may put on board any ship so seized or detained
any one or more of such officers to take charge of the
same, and to enforce the provisions of this Act; and
any officer seizing or detaining any ship under this
Act may use force, if necessary, for the purpose of
enforcing seizure or detention; and if any person is
killed or maimed by reason of his resisting such
officer in the execution of his duties, or any person
acting under his orders, such officer so seizing or
detaining the ship, or other person, shall be freely
and fully indemnified as well against the Queen's
Next Page →
β¨ LLM interpretation of page content
ποΈ
Continuation of The Foreign Enlistment Act, 1870 (Sections 15-22)
(continued from previous page)
ποΈ Governance & Central Administration15 January 1872
Foreign Enlistment Act, Legal Procedure, Jurisdiction, Seizure of Ships, Warrants, Customs Officers
NZ Gazette 1872, No 3