THE NEW ZEALAND GAZETTE.
41

Majesty, her heirs and successors, as against all
persons so killed, maimed, or hurt.

Special power of Secretary of State or chief executive
authority to detain ship.

23. If the Secretary of State or the chief executive
    authority 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, com-
    missioned, 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 or chief
    executive authority shall have power to issue a war-
    rant stating that there is reasonable and probable
    cause for believing as aforesaid, and upon such war-
    rant 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 hereinafter 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 be-
tween 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 de-
spatchod, 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 or chief executive authority.

The Court may, in cases where no proceedings are
pending for its condemnation, release any ship de-
tained 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, notwithstand-
ing 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 or the chief executive authority may likewise
release any ship detained under this section on the
owner giving security to the satisfaction of such
Secretary of State or chief executive authority that
the ship shall not be employed contrary to this Act,
or may release the ship without such security if the
Secretary of State or chief executive authority 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 proceed-
ings, 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 Court, and any amount
so assessed shall be payable by the Commissioners
of 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 or the
chief executive authority, 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 con-
demnation 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.

Special power of local authority to detain ship.

24. Where it is represented to any local authority,
    as defined by this Act, and such local authority
    believes the representation, 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, it shall be the duty of such
    local authority to detain such ship, and forthwith to
    communicate the fact of such detention to the Secre-
    tary of State or chief executive authority.

Upon the receipt of such communication, the
Secretary of State or chief executive authority may
order the ship to be released if he thinks there is no
cause for detaining her; but if satisfied that there is
reasonable and probable cause for believing that such
ship was built, commissioned, or equipped, or intended
to be despatched, in contravention of this Act, he
shall issue his warrant stating that there is reasonable
and probable cause for believing as aforesaid; and
upon such warrant being issued, further proceedings
shall be had as in cases where the seizure or detention
has taken place on a warrant issued by the Secretary
of State without any communication from the local
authority.

Where the Secretary of State or chief executive
authority orders the ship to be released on the receipt
of a communication from the local authority without
issuing his warrant, the owner of the ship shall be
indemnified by the payment of costs and damages in
respect to 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: