FOREIGN ENLISTMENT ACT 1870 - SECT 24 Special power of local authority to detain ship.

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FOREIGN ENLISTMENT ACT 1870 - SECT 24

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 Secretary of State ....

Upon the receipt of such communication the Secretary of State ... 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 futher 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 ... 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 of 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.

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Northern Irish Legislation

FOREIGN ENLISTMENT ACT 1870 - SECT 24