✨ Continuation of Legislation




42
THE NEW ZEALAND GAZETTE.

(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 ex-
aminable as a witness, except at his own request, in
any Court of justice in respect of the circumstances
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 employment
whatever on board a ship of war, transport,
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
islands:

"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 posses-
sion 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:

"Ship and equipment."
"Ship and equipment" shall include a ship and
everything in or belonging to a ship:

"Master."
"Master" shall include any person having the
charge or command of a ship.

Repeal of Acts, and Saving Clauses.
Repeal of Foreign Enlistment Act, 59 Geo. III. c. 69.
31. From and after the commencement of this Act,
an Act passed in the fifty-ninth year of the reign of
His late Majesty King George the Third, chapter
sixty-nine, intituled "An Act to prevent the enlisting
" or engagement of His Majesty's Subjects to serve
" in Foreign Service, and the fitting out or equipping,
" in His Majesty's Dominions, vessels for warlike
purposes, without His Majesty's license,"* shall be
repealed: Provided that such repeal shall not affect
any penalty, forfeiture, or other punishment incurred
or to be incurred in respect of any offence committed
before this Act comes into operation, nor the institu-
tion of any investigation or legal proceeding, or any
other remedy for enforcing any such penalty, for-
feiture, or punishment as aforesaid.

Saving as to commissioned foreign ships.
32. Nothing in this Act contained shall subject to
forfeiture any commissioned ship of any foreign
State, or give to any British Court over or, in respect



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VUW Te Waharoa PDF NZ Gazette 1872, No 3





✨ LLM interpretation of page content

πŸ›οΈ Continuation of The Foreign Enlistment Act, 1870 (Sections 23-32 and Interpretation) (continued from previous page)

πŸ›οΈ Governance & Central Administration
15 January 1872
Legislation, Foreign Enlistment Act, Warrants, Admiralty Court, Interpretation, Repeal