Oct. 22.] THE NEW ZEALAND GAZETTE. 1181

the High Court, after hearing the owner, and the Board of Trade if they wish to be heard, shall fix the nature and amount of the security which the owner ought to place under the control of the Court for the purposes of this Act as respects the ships engaged in that postal service, and fix the maximum number and tonnage of the ships to which the security is to apply.

(2.) The security shall be the bond of the owner guaranteed either—

(a.) By the personal security of a surety, accompanied by an adequate real security given by the surety; or

(b.) By the payment or transfer into Court of cash, or of securities of the Government of the United Kingdom.

(3.) If the owner gives such security to the satisfaction of the High Court, then, so long as the security is maintained and is sufficient to the satisfaction of the Court, and the number and tonnage of the ships for the time being actually engaged in carrying mails for the postal service in respect of which the security is given does not exceed the number and tonnage of the ships to which the security applies, the ships actually engaged in carrying mails for the said service shall be deemed to be exempted mail-ships, and be entitled to the exemptions and privileges given by this Act to exempted mail-ships; and the Board of Trade shall give the prescribed notices for informing the arresting authorities that the ships actually engaged in carrying the mails for the said postal service are exempted mail-ships.

(4.) Notice of every application respecting any security given in pursuance of this section shall be given to the Board of Trade.

(5.) If at any time it appears to the Board of Trade that a security given as respects ships engaged in any postal service is from any cause (whether pending claims, variation of the conditions of the service, or otherwise) insufficient, the Board of Trade shall apply to the High Court, and that Court, if satisfied of such insufficiency, shall require the security to be made sufficient to the satisfaction of the Court within a reasonable time, and direct that in default the ships engaged in the postal service shall cease to be exempted mail-ships, and that the Board of Trade shall give the prescribed notices for informing the arresting authorities of such cesser.

(6.) The amount and nature of the security may be varied, and the whole security may be withdrawn, and the income of the security may be disposed of, by order of the High Court from time to time, on such application either of the shipowners, or of the Board of Trade, or of any person appearing to be interested, and in such manner, and after such notice, and upon such terms and conditions as may be prescribed by rules of Court, or, so far as the rules do not extend, as the Court may think just.

(7.) Provided that, before the security is actually withdrawn, the High Court shall be satisfied—

(a.) That the prescribed notice of the order for withdrawal has been given to the arresting authorities; and

(b.) That there is no pending claim for the purposes of which the security may be required;

and, upon the prescribed notice of the order for withdrawal being given to an arresting authority, the ships shall, as respects that authority, cease, after the date specified in the notice, to be exempted ships.

(8.) Rules of Court may be made for carrying this section into effect, and in particular for regulating the nature, amount, and value of the security to be given, and the mode of giving security, and of giving notices to the arresting authorities, and for providing for the evidence of the exemption of ships under this section, and for the information to be given from time to time to the High Court respecting the ships to which the security applies, and for the jurisdiction of the High Court under this Act being exercised in chambers.

Arrest and execution of process on board exempted mail-ships.

4. (1.) Where this section applies to a convention with a foreign State, and an exempted mail-ship to which this section applies is in a port in the United Kingdom, no person shall be arrested without warrant on board such ship, and before any process, civil or criminal, authorising the arrest of any person who is on board such ship is executed against that person, the following provisions of this section shall be observed, that is to say:—

(a.) Written notice of the intention to arrest a person who is, or is suspected to be, on board the ship, stating the hour at which, if necessary, the ship will be searched, shall, if it is a ship of a foreign State, and there is at the port a consulate of that State, be left at the consulate, addressed to the consular officer.

(b.) It shall be the duty of the master upon demand, if the said person is on board his ship, to enable the proper officer to arrest him.

(c.) If the officer is unable to arrest the said person, he may, but if it is a foreign ship only after the expiration of such time after notice was left at the consulate as is specified in the convention, search the ship for such person, and if he is found may arrest him.

(2.) The ship may be delayed for the purposes of this section for the time specified in the convention, but not for any longer time.

(3.) If the master of a ship refuses to permit a search of the ship in accordance with this section, any officer of Customs may detain the ship, and such master shall be liable to a fine of five hundred pounds.

(4.) This section shall apply to the arrest of the master in like manner as in the case of any other person.

Exemption from seizure of exempted mail-ship.

5. (1.) An exempted mail-ship to which this section applies shall not, subject as in this Act mentioned, be liable to be arrested or detained by any arresting authority either for the purpose of founding jurisdiction in any Court of Admiralty, or enforcing the payment of any damages, fine, debt, or other claim or sum, or enforcing any forfeiture, whether arising from the misconduct of the master or any of the crew or otherwise, but every Court of the United Kingdom by the process of which the ship could have been under the circumstances arrested or detained shall have the same jurisdiction as if the ship had been so arrested or detained; and any legal proceeding in relation to any such matter as aforesaid may be commenced by such service in the United Kingdom of any writ or process as may be prescribed by rules of Court; and the High Court, on application, shall, in accordance with rules of Court, cause the security to be applied in discharge of any such damages, fine, debt, claim, sum, or forfeiture.

(2.) Provided that nothing in this section shall render invalid the arrest or detention of a ship before the prescribed notice has been given to the arresting authority, but such authority, on proof that the ship is an exempted mail-ship, shall release the ship. Where the Commissioners of Customs, in pursuance of any Act or as a condition of waiving any forfeiture, require a deposit to be made by an exempted mail-ship to which this section applies, the amount of such deposit shall, on notice from the Commissioners of Customs, and without any further proceeding, be set apart out of the security as money belonging to the said Commissioners, and shall be paid and applied as they direct, and any rules of Court relating to such notice, payment, or application shall be made with the consent of the Treasury.

Application of Act to public ships.

5. (1.) Where the convention with a foreign State provides that any provisions of the convention similar to those contained in this Act shall in any cases apply to a public ship of a foreign State when employed as a mail-ship, it shall be lawful for Her Majesty the Queen to agree that the like provisions shall apply to a public ship of Her Majesty in the like cases when employed as a mail-ship, and to give effect to such agreement.

(2.) An Order in Council applying this Act as regards a convention with a foreign State may, if it seems to Her Majesty in Council to be consistent with the convention so to do, apply this Act as regards a public ship of that foreign State when employed as a mail-ship in the cases authorised by the convention, and this Act shall apply accordingly, as if such ship were an exempted mail-ship belonging to a private owner, and any person may be arrested on board such ship accordingly.

Legal proceedings.

7. (1.) Every fine under this Act, if exceeding fifty pounds, may be recovered by action in the High Court in England or Ireland, or in the Court of Session in Scotland, and the Court in which it is recovered may reduce the amount of such fine; and a fine under this Act not exceeding fifty pounds may be recovered on summary conviction, provided that every offence for which a fine exceeding fifty pounds can be imposed under this Act may be prosecuted on summary conviction, but the fine imposed on such conviction shall not exceed fifty pounds.

(2.) In the case of a summary conviction, any person who thinks himself aggrieved by such conviction may appeal to Quarter Sessions. In Scotland such person may appeal in manner provided by “The Summary Prosecutions Appeals (Scotland) Act, 1875.”

(3.) Service of any summons or other matter in any legal proceeding under this Act shall be good service if made by leaving the summons for the person to be served on board the ship to which he belongs with the person being or appearing to be master of the ship.

(4.) If a fine under this Act imposed on the master of a ship is not paid, and cannot be recovered out of any security given in pursuance of this Act, the Court may, in addition to any other power for enforcing payment of the fine, direct the amount to be levied by distress or pouding and sale of the ship, her tackle, furniture, or apparel. An officer of Customs in detaining a ship or releasing a ship