Enforcing detention of ship. 39 & 40 Vict. c. 80, 8. 34. Act or ordinance of the legislature (a) of any colony (b), so far as regards that colony, or interfere with the power of any colonial legislature (a) to make those depositions admissible in evidence, or to interfere with the practice of any court in which depositions not authenticated as hereinbefore mentioned are admissible. Detention of Ship and Distress on Ship. 692.-(1.) Where under this Act a ship (c) is to be or may be detained, any commissioned officer on full pay in the naval or military service of Her Majesty, or any officer of the Board of Trade, or any officer of Customs, or any British consular officer (d) may detain the ship, and if the ship after detention or after service on the master (c) of any notice of or order for detention proceeds to sea before it is released by competent authority, the master (c) of the ship, and also the owner (e), and any person who sends the ship to sea, if that owner (e) or person is party or privy to the offence, shall be liable for each offence to a fine not exceeding one hundred pounds (ƒ). (2.) Where a ship (c) so proceeding to sea takes to sea when on board thereof in the execution of his duty any officer authorized to detain the ship (y), or any surveyor (h) or officer of the Board of Trade or any officer of Customs, the owner (e) and master (c) of the ship shall each be liable to pay all expenses of and incidental to the officer or surveyor being so taken to sea, and also to a fine not exceeding one hundred pounds (ƒ), or, if the offence is not prosecuted in a summary manner, not exceeding ten pounds for every day until the officer or surveyor returns, or until such time as would enable him after leaving the ship to return to the port (c) from which he is taken, and the expenses ordered to be paid may be recovered in like manner as the fine (ƒ). (a) Int. Act, 1889, § 18, s. 7. (c) Defined, § 742. (d) Int. Act, 1889, § 12, s. 20. (f) Procedure, §§ 680-684; fine how recoverable, §§ 699, 716. (g) Sub-s. 1. (h) § 724. Sed cf. The Westmoreland (1845), 2 W. Rob. 394. (3.) Where under this Act a ship is to be detained an officer of Customs shall, and where under this Act a ship may be detained an officer of Customs may, refuse to clear that ship outwards (i) or to grant a transire (k) to that ship. (4.) Where any provision of this Act provides that a ship may be detained until any document is produced to the proper officer of customs, the proper officer shall mean, unless the context otherwise requires, the officer able to grant a clearance (i) or transire (k) to such ship. ordered to distress on 523. 693. Where any court (1), justice of the peace, or other Sums magistrate, has power to make an order directing payment be paid to be made of any seaman's (1) wages (1), fines, or other leviable by sums of money, then, if the party so directed to pay the ship. same is the master (1) or owner (m) of a ship, and the same 1854, s. is not paid at the time and in manner prescribed in the order, the court (1), justice of the peace, or magistrate who made the order may, in addition to any other powers they may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress. or poinding and sale of the ship (1), her tackle, furniture, and apparel (n). Evidence, Service of Documents, and Declarations. attestation 1854, s. 694. Where any document is required by this Act to be Proof of executed in the presence of or to be attested by any witness not reor witnesses, that document may be proved by the evidence quired. of any person who is able to bear witness to the requisite 526. facts without calling the attesting witness or the attesting witnesses or any of them. 695.-(1.) Where a document is by this Act declared to Admissi be admissible in evidence, such document shall, on its documents production from the proper custody, be admissible in in evievidence in any court or before any person having by law See 14 & or consent of parties authority to receive evidence, and, 15 Vict. c. subject to all just exceptions, shall be evidence of the (i) 39 & 40 Vict. c. 36, § 128. (k) Ibid. §§ 145, 146. (1) Defined, § 742. (m) § 58. (n) § 724. Sed cf. The Westmoreland (1845), 2 W. Rob. 391. dence. 99, ss. 14, 15, 17. matters stated therein in pursuance of this Act or by any officer in pursuance of his duties as such officer. (2.) A copy of any such document or extract therefrom shall also be so admissible in evidence if proved to be an examined copy or extract, or if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original document was entrusted, and that officer shall furnish such certified copy or extract to any person applying at a reasonable time for the same, upon payment of a reasonable sum for the same, not exceeding fourpence for every folio of ninety words, but a person shall be entitled to have (a.) a certified copy of the particulars entered by the registrar in the register book on the registry of the ship, together with a certified statement showing the ownership of the ship at the time being; and (b.) a certified copy of any declaration, or document, a copy of which is made evidence by this Act, on payment of one shilling for each copy. (3.) If any such officer wilfully certifies any document as being a true copy or extract knowing the same not to be a true copy or extract, he shall for each offence be guilty of a misdemeanor, and be liable on conviction to imprisonment for any term not exceeding eighteen months (o). (4.) If any person forges the seal, stamp, or signature of any document to which this section applies, or tenders in evidence any such document with a false or counterfeit seal, stamp, or signature thereto, knowing the same to be false or counterfeit, he shall for each offence be guilty of felony, and be liable to penal servitude for a term not exceeding seven years, or to imprisonment for a term not exceeding two years, with or without hard labour, and whenever any such document has been admitted in evidence, the court or the person who admitted the same may on request direct that the same shall be impounded, and be kept in the custody of some officer of the court or (0) Procedure, §§ C80-684; fine, how recoverable, §§ 699, 716. other proper person, for such period or subject to such conditions as the court or person thinks fit. docu 696 (p).-(1.) Where for the purposes of this Act any Service of document is to be served (p) on any person, that document may be served— ments. 1854, s. 522. (a.) in any case by delivering a copy thereof personally to 39 & 40 the person to be served, or by leaving the same at his Vict. c. 80, last place of abode; and (b.) if the document is to be served on the master (q) of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship with the person being or appearing to be in command or charge of the ship; and, (c.) if the document is to be served on the master (q) of a ship, where there is no master, and the ship is in the United Kingdom, on the managing owner (r) of the ship, or, if there is no managing owner, on some agent of the owner residing in the United Kingdom, or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship. (2.) If any person obstructs the service on the master (q) of a ship of any document under the provisions of this Act relating to the detention of ships as unseaworthy (s), that person shall for each offence be liable to a fine not exceeding ten pounds (t), and, if the owner (u) or master (q) of the ship is party or privy to the obstruction, he shall in respect of each offence be guilty of misdemeanor. 8. 35. of exemp 697. Any exception, exemption, proviso, excuse, or Proof, &c., qualification, in relation to any offence under this Act, whether it does or does not accompany in the same section Cf. 42 & the description of the offence, may be proved by the 43 Vict. c. defendant, but need not be specified or negatived in any sub-s. 2. information or complaint, and, if so specified or negatived, no proof in relation to the matter so specified or negatived (p) Int. Act, 1889, § 26. (7) Defined, § 742. (r) § 59. (t) Procedure, §§ 680-684; fine, how applicable, §§ 699, 716. (u) § 58, and note. 49, s. 39, (8) §§ 459-463. Declarations. Applica- 524. 19 Vict. c. 119, s 88. Expenses of prosecu tion of misdemeanor. 1854, s. 518 (1). shall be required on the part of the informant or complainant (x). 698. Any declaration required by this Act to be taken before a justice of the peace or any particular officer may be taken before a commissioner for oaths (y). Application of Penalties and Costs of Prosecutions. 699.-(1.) Where any court (2), justice of the peace, or other magistrate, imposes a fine under this Act for which no specific application is herein provided, that court, justice of the peace, or magistrate, may if they think fit direct the whole or any part of the fine to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which the fine is imposed, or to be applied in or towards payment of the expenses of the proceedings. (2.) Subject to any directions under this section or to any specific application provided under this Act, all fines under this Act shall, notwithstanding anything in any other Act (a.) if recovered in the United Kingdom, be paid into the Exchequer in such manner as the Treasury may direct, and be carried to and form part of the Consolidated Fund; and (b.) if recovered in any British possession (a), be paid over into the public treasury of that possession, and form part of the public revenue thereof. 700. Where an offence under this Act is prosecuted as a misdemeanor (b), the court before whom the offence is prosecuted may in England make the same allowances and order payment of the same costs and expenses as if the offence were a felony (c), and in any other part of Her Majesty's dominions may make such allowances and order payment (x) See 42 & 43 Vict. c. 49, s. 39 (2). (y) See 52 & 53 Vict. c. 10; 54 & 55 Vict. c. 50. (z) Defined, § 742. (a) Int. Act, 1889, § 18, s. 2. (1) Cf. § 680. (c) These allowances are provided for by 7 Geo. IV. c. 64, § 22, as to felonies; § 23 as to misdemeanors treated as felonies. |