Mail Ships Act, 1891

Arrest and execution of process on board exempted mail ships.

4.(1) Where this section applies to a Convention with a Foreign State, and an exempted mail ship to which this section applies is in a port in the United Kingdom, no person shall be arrested without warrant on board such ship, and before any process civil or criminal authorising the arrest of any person who is on board such ship is executed against that person, the following provisions of this section shall be observed; that is to say:—

(a) Written notice of the intention to arrest a person who is, or is suspected to be, on board the ship, stating the hour at which, if necessary, the ship will be searched, shall, if it is a ship of a Foreign State and there is at port a consulate of that State, be left at the consulate, addressed to the consular officer;

(b) It shall be the duty of the master upon demand, if the said person is on board his ship, to enable the proper officer to arrest him;

(c) If the officer is unable to arrest the said person he may, but if it is a foreign ship only after the expiration of such time after notice was left at the consulate as is specified in the Convention, search the ship for such person, and if he is found may arrest him.

(2) The ship may be delayed for the purposes of this section for the time specified in the Convention, but not for any longer time.

(3) If the master of a ship refuses to permit a search of the ship in accordance with this section, any officer of customs may detain the ship, and such master shall be liable to a fine of five hundred pounds.

(4) This section shall apply to the arrest of the master in like manner as in the case of any other person.