Mercantile Marine Act, 1955

Proceedings on forfeiture of ship.

90.—(1) Where any ship has either wholly or as to any share therein become subject to forfeiture under this Act,

(a) a member of the Garda Síochána not below the rank of Inspector, or

(b) an officer of customs and excise, or

(c) such other person as may be authorised by the Minister for the purpose,

may seize and detain the ship and bring her for adjudication before the High Court, and the Court may thereupon adjudge the ship with her tackle, apparel and furniture to be forfeited to the State and make such order in the case as to the Court seems just.

(2) Any officer or person mentioned in subsection (1) of this section shall not be responsible either civilly or criminally to any person whomsoever in respect of any such seizure or detention as aforesaid, notwithstanding that the ship has not been brought in for adjudication, or if so brought in is declared not liable to forfeiture, if it is shown to the satisfaction of the 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 the Court may award costs and damages to any party aggrieved, and make such other order in the premises as the Court think just.

Measurement of Ship and Tonnage.