ENACTMENTS OF MERCHANT SHIPPING ACT (17 & 18 Vict. c. 104) APPLIEDU.K.
Section 103U.K.
And in order that the above provisions as to forfeitures may be carried into effect, it shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British [F1Officer of Customs and Excise], or any British Consular officer, to seize and detain any ship which has, either wholly or as to any share therein, become subject to forfeiture as aforesaid, and to bring her for adjudication before the [F2High Court in England or Northern Ireland], or any court having Admiralty jurisdiction in Her Majesty’s dominions; and such court may thereupon make such order in the case as it may think fit, and may award to the officer bringing in the same for adjudication such portion of the proceeds of the sale of any forfeited ship or share as it may think right.
Textual Amendments
F1Words substituted by virtue of Customs and Excise Act 1952 (c. 44), Sch. 10 Pt. I
F2Words substituted by virtue of (E.W.) Supreme Court of Judicature (Consolidation) Act 1925 (c. 49), s. 224(1) and (N.I.) Supreme Court of Judicature Act (Ireland) 1877 (c. 57), s. 71 and S.R. & O. 1921/1802 (Rev. XVI, p. 954: 1921, p. 1332), art. 2
Section 104U.K.Officer not liable for any seizure made on reasonable grounds.
No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever, in respect of the seizure or detention of any ship that has been seized or detained by him in pursuance of the provisions herein contained, notwithstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention is held that there were reasonable grounds for such seizure or detention; but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as it thinks just.