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 —

— Part

II.

Jurisdiction of the Supreme Court.

The Admiralty Division has also a statutory jurisdiction (e), transHigh Court of Admiralty, over maritime property recaptured from pirates (/) by His Majesty's vessels, and may conferred from the

77 Sect.

12.

Droits of Admiralty,

demn such property as droits of Admiralty or restore it to its owner, if a British subject, on payment by him of one-eighth of the value of the property by way of salvage remuneration. Sect. 13.

Forfeiture.

135. The Admiralty Court ahvays exercised jurisdiction over persons who had infringed the ordinances or proclamations issued by royal authority with regard to the colours to be worn by merchant

illegal colours,

ships ((/), and this jurisdiction is now exercised by the Admiralty Division, Avhich also has certain statutory powers with reference to the same subject.

136. The Admiralty Division has under these powers a statutory improper impose fines for the improper use of the British use of national flag. national colours on board a ship belonging to a British subject iji). The fines are recoverable from the master or owner, if on board, and from every other person hoisting the colours Qi).

jurisdiction to

137. The Admiralty Division also possesses a statutory jurisdiction Concealment condemn as forfeited to His Majesty any ship or interest therein of national the owners of which have incurred forfeiture by the infringement of certain provisions (i) relating to the improper use of the British flag on board a ship owned in whole or in part by a person not qualified {j) to own a British ship, or to an improper concealment by the master or owner of a British ship of her national character. Any interest, legal or equitable, in a British ship acquired by a person unqualified to own a British ship is also subject to forfeiture under the Act {k). to

138. The corresponding provision contained in the repealed Merchant Shipping Act, 1854 (Q provided that if the offences specified therein were committed the ship should he forfeited and the Court of Appeal decided {m) that under this language the forfeiture accrued immediately upon the commission of the offence, so that no sale of the ship or other dealing with it would be of any avail against the title of the Crown. The sections in the Act of 1894, which take the place of sect. 103 of the Act of 1854, enact that on commission of the offences specified therein the ships concerned are subject to forfeiture under the Act. It is doubtful, in the face of the decision above-mentioned (m), whether the result of introducing the words subject to ,



Judicature Act, 1873, and The Piracy Act, 1850 (13 & 14 Vict. c. 26). (/) For the jurisdiction of the Admiralty Division to ascertain whether persons are pirates, see The Piracy Act, 1850 (13 & 14 Yict. c. 26), s. 2. The Minerva (1800), 3 Oh. Eob. {g) See Reg. v. Ewen (1856), 2 Jur. (n. s.)454 34; see also 3 Ch. Eob. Appendix No. ii., p. 13. (A) Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 73. {i) Ibid., ss. 69, 70, 71. See also, as to forfeiture of ship improperly registered as a British ship, Merchant Shipping Act, 1906 (6 Edw. 7, c. 48), s. 51. (./) For such qualification, see Merchant Shipping Act, 1894 (57 & 58 Vict, (e)



c.

60),

s.

1.

(/c)

Ibid., s. 71.

(/)

17

(m)

&

18 Vict.

c.

104,

s.

The Annandale (1877),

103. 2 P.

D. 218.

Position of

bona fide on^fo^feiture