—
—
.
Admiralty.
78 Sect.
13.
Forfeiture.
Dangerous goods.
not be that the Court will have to uphold the title of a bond fide purchaser against the Crown, if the sale took place before proceedings to condemn for the forfeiture had been commenced.
forjeititre, will
139. The Admiralty Division can, in common with other Courts having Admiralty jurisdiction, condemn as forfeited any dangerous goods sent or carried, or attempted to be sent or carried, on board any vessel, British or foreign, without being properly marked, or without a written notice having been given of the description of the goods, or under a false description or with a false description of the sender or carrier {n) .
Cases under Foreign Enlistment Act.
140. All proceedings for the condemnation and forfeiture of ships, or of arms and munitions of war, in pursuance of the Foreign Enlistment Act, 1870, are directed to be taken in the Court of Admiralty, now the Admiralty Division, and not in any other Court. In such cases the Admiralty Division has, in addition to any power granted by the Foreign Enlistment Act, all powers over a ship or any other matter brought before it which the Division has in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction (o).
Booty of
Sect. 14. Matters referred by Order in Council.
Petitions of right
jurisdiction.
Petitions of Right.
and which may be referred
to the Court by Order in Council {jp) and in all matters so referred the Court proceeds as in cases of prize of war, and its judgment is binding upon all parties concerned (^).
142. A petition of right arising out of the exercise of any belligerent right on the part of the Crown, or which would be cognizable in a Prize Court wdthin His Majesty's dominions, and also any other petition of right, whether instituted in the Court of Admiralty or not, if the Lord Chancellor so directs, may be prosecuted in the Admiralty Division {r). Sect. 15.
Special statutory
War and
The Admiralty Division has
jurisdiction to decide all matters questions concerning booty of war and the distribution thereof
141.
Slave Trade
etc,
143. The Admiralty Division possesses the jurisdiction conferred on the Court of Admiralty in regard to the condemnation or restoration of vessels, slaves, goods, and effects alleged to be seized, detained, or forfeited under The Slave Trade Act, 1873 (s), and the enactments incorporated with it, and in regard to bounties etc., and it also has jurisdiction under the Pacific Islanders' Protection Acts, 1872 and 1875 {t), to enforce by the condemnation of the vessels engaged the provisions of those Acts prohibiting the undue importing and removal of natives of any of the islands of the Pacific Ocean. {n) (o)
Merchant Shipping Act, 1894 (57 & 58 Yict. c. 60), ss. 446—449. Poreign Enlistment Act, 1870 (33 & 34 Yict. c. 90), s. 19. And see
Criminal
Law and
title
Procedure.
Admiralty Court Act, 1840 (3 & 4 Yict. c. 65), s. 22. The Bunda and Kirwee Booty (1866), L. E. 1 A. & E. 109; (1875), L. E. 4 A. & E. 436. See title Prize Law aistd Jurisdiction". (r) Naval Prize Act, 1864 (27 & 28 Yict. c. 25), s. 52. As to petitions of right generally, see title Crown Practice. (p) Iq)
(s) {t)
36 35
& &
37 Yict. 36 Yict.
c.
88.
c.
19
38
&
39 Yict.
c.
51.
