seamen at within tion. in or at any place either ashore or afloat out of Her by British Majesty's dominions by any master (r), seaman (r), or foreign apprentice (s) who at the time when the offence is com- ports to be mitted is, or within three months previously has been, Admiralty employed in any British ship (t) shall be deemed to be jurisdicoffences of the same nature respectively, and be liable 1854, s. to the same punishments respectively, and be inquired 267. of, heard, tried, determined, and adjudged in the same manner and by the same courts and in the same places as if those offences had been committed within the jurisdiction of the Admiralty of England; and the costs and expenses of the prosecution of any such offence may be directed to be paid as in the case of costs and expenses of prosecutions for offences committed within the jurisdiction of the Admiralty of England (u). Damage occasioned by Foreign Ship. arrest has 1854, ss. 688.-(1.) Whenever any injury has in any part of the Power to world been caused to any property (a) belonging to Her foreign Majesty or to any of Her Majesty's subjects by any foreign ship that ship (r), and at any time thereafter that ship is found in any occasioned port (r) or river of the United Kingdom or within three miles damage. of the coast thereof, a judge of any court of record in the 527-529. United Kingdom (and in Scotland the Court of Session and also the sheriff of the county within whose jurisdiction the ship may be) may, upon its being shown to him by any person applying summarily that the injury was probably caused by the misconduct or want of skill of the master (r) or mariners of the ship, issue an order directed to any officer of customs or other officer named by the judge, court, or sheriff, requiring him to detain (y) the ship until such time as the owner (2), master (r), or consignee thereof has made satisfaction in respect of the injury, or has given security, to be approved by the judge, court, or sheriff, to abide the (r) Defined, § 742. (8) $$ 105-109. (t) Note to § 1. (u) See § 701. (x) Does not include injury to the person. Harris v. Franconia (1877), 2 C. P. D. 173; The Vera Cruz (y) § 692. (z) Note to § 58. Conveyance of offenders and wit nesses to United Kingdom or British possession. 1854, s. 268. 45 & 46 Vict. c. 55, 8. 9. event of any action, suit, or other legal proceeding that may be instituted in respect of the injury, and to pay all costs and damages that may be awarded thereon; and any officer of customs or other officer to whom the order is directed shall detain (a) the ship accordingly. (2.) Where it appears that, before an application can be made under this section, the ship in respect of which the application is to be made will have departed from the limits of the United Kingdom or three miles from the coast thereof, the ship may be detained (a) for such time as will allow the application to be made, and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention unless the same is proved to have been made without reasonable grounds. (3.) In any legal proceeding in relation to any such injury aforesaid, the person giving security shall be made defendant or defender, and shall be stated to be the owner (b) of the ship that has occasioned the damage; and the production of the order of the judge, court, or sheriff made in relation to the security shall be conclusive evidence of the liability of the defendant or defender to the proceeding. Provisions in case of Offences Abroad. 689.-(1.) Whenever any complaint is made to any British consular officer (c) (a.) that any offence against property or person has been committed at any place, either ashore or afloat, out of Her Majesty's dominions by any master (d), seaman (d), or apprentice (e), who at the time when the offence was committed, or within three months before that time, was employed in any British ship(ƒ); or (b.) that any offence on the high seas has been committed by any master (d), seaman (d), or apprentice (e) belonging to any British ship (ƒ), (a) § 692. (b) Note to § 58. (c) Int. Act, 1889, § 12, s. 20. (d) Defined, § 742. (e) §§ 105-109. (f) Note to § 1. that consular officer may inquire into the case upon oath, and may, if the case so requires, take any steps in his power for the purpose of placing the offender under the necessary restraint and of sending him as soon as practicable in safe custody to the United Kingdom, or to any British possession (g) in which there is a court capable of taking cognizance of the offence, in any ship belonging to Her Majesty or to any of Her subjects, to be there proceeded against according to law. (2.) The consular officer (h) may order the master (i) of any ship (i) belonging to any subject of Her Majesty bound to the United Kingdom or to such British possession (g) as aforesaid to receive and afford a passage and subsistence during the voyage to any such offender as aforesaid, and to the witnesses, so that the master be not required to receive more than one offender for every one hundred tons of his ship's registered tonnage, or more than one witness for every fifty tons of that tonnage; and the consular officer shall endorse upon the agreement of the ship (k) such particulars with respect to any offenders or witnesses sent in her as the Board of Trade require. (3.) Any master (i) of a ship (i) to whose charge an offender has been so committed shall, on his ship's arrival in the United Kingdom or in such British possession (g) as aforesaid, give the offender into the custody of some policeofficer or constable, and that officer or constable shall take the offender before a justice of the peace or other magistrate by law empowered to deal with the matter, and the justice or magistrate shall deal with the matter as in cases. of offences committed upon the high seas (7). (4.) If any master (g) of a ship (g), when required by any British consular officer (h) to receive and afford a passage and subsistence to any offender or witness, does not receive him and afford a passage and subsistence to him, or does not deliver any offender committed to his charge into the custody of some police officer or constable as herein-before (g) Int. Act, 1889, § 18, s. 2. (h) Ibid. § 12, s. 20. (i) Defined, § 742. (k) Semble, the agreement with the crew; cf. § 113. (1) § 686. Inquiry into cause of death on board ship. directed, he shall for each offence be liable to a fine not exceeding fifty pounds (m). (5.) The expense of imprisoning any such offender and of conveying him and the witnesses to the United Kingdom or to such British possession (n) as aforesaid in any manner other than in the ship to which they respectively belong, shall, where not paid as part of the costs of the prosecution, be paid out of moneys provided by Parliament. 690.-(1.) Where a case of death happens on board any foreign-going British ship (0), the superintendent (p) at the port (q) where the crew of the ship is discharged, shall, on the arrival of the ship at that port, inquire into the cause 1854, ss. 109, 269. of the death, and shall make in the official log (r) an 1883, s. 55. endorsement to the effect, either that the statement of the cause of death in the log (r) is in his opinion true, or the contrary, according to the result of the inquiry. (2.) A superintendent (p) shall for the purpose of an inquiry under this section have the powers of a Board of Trade inspector under this Act (s); and if in the course of any such inquiry it appears to a superintendent (p) that any such death has been caused on board the ship by violence or other improper means, he shall either report the matter to the Board of Trade, or, if the emergency of the case so requires, shall take immediate steps for bringing the offender or offenders to justice. (3.) This section shall not apply (a.) except in Scotland, to fishing boats (t); nor (b.) to ships registered (u) in a British possession (n) when those ships are within the jurisdiction of the government of that possession (n); nor (c) to pleasure yachts, or ships belonging to any of the three general lighthouse authorities (x). when wit ness can ་ 691.-(1.) Whenever in the course of any legal proceed- Deposi ing instituted in any part of Her Majesty's dominions received in before any judge or magistrate, or before any person evidence authorized by law or by consent of parties to receive nes evidence, the testimony of any witness is required in rela- not be produced. tion to the subject matter of that proceeding, then upon 1854, 8. due proof, if the proceeding is instituted in the United 270. Kingdom that the witness cannot be found in that kingdom, or if in any British possession (y) that he cannot be found in that possession, any deposition that the witness may have previously made on oath in relation to the same subject matter before any justice or magistrate in Her Majesty's dominions, or any British consular officer (2) elsewhere, shall be admissible in evidence, provided that (a.) if the deposition was made in the United Kingdom, it shall not be admissible in any proceeding instituted in the United Kingdom; and (b.) if the deposition was made in any British possession (y), it shall not be admissible in any proceeding instituted in that British possession (y); and (c) if the proceeding is criminal it shall not be admissible, unless it was made in the presence of the person accused. (2.) A deposition so made shall be authenticated by the signature of the judge, magistrate, or consular officer (2) before whom it is made; and the judge, magistrate, or consular officer shall certify, if the fact is so, that the accused was present at the taking thereof. (3.) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed any such deposition, and in any criminal proceeding a certificate under this section shall, unless the contrary is proved, be sufficient evidence of the accused having been present in manner thereby certified. (4.) Nothing herein contained shall affect any case in which depositions taken in any proceeding are rendered admissible in evidence by any Act of Parliament, or by any (y) Int. Act, 1889, § 18, s. 2. (z) Ibid § 12, s. 20. |