Whale Fisheries Act, 1937

Seizure and detention of ships.

28.—(1) Where proceedings have been instituted for an offence under any section of this Act in relation to any act or omission on board a Saorstát Eireann ship, any Justice of the District Court may, on the application of the prosecutor, by order directed to a sea fisheries protection officer or officers authorise such officer or officers to seize and, if so seized, detain at a port in Saorstát Eireann such ship until such proceedings have been adjudicated upon by a Justice of the District Court, and such ship may be seized and, if so seized, shall be detained accordingly.

(2) Where the master, owner, or charterer of a Saorstát Eireann ship is convicted by a Justice of the District Court of an offence under any section of this Act and sentenced to pay any fine and such ship has been detained under the immediately preceding sub-section such Justice shall, by order directed to a sea fisheries protection officer or officers, require such officer or officers, in the event of an appeal being lodged against such conviction, to detain further, pending the determination of such appeal, at a specified port in Saorstát Eireann, such ship, and such ship shall, subject to the provisions of the next following sub-section, be detained accordingly.

(3) Where an order is made under the immediately preceding sub-section requiring any ship to be detained pending the determination of an appeal against a conviction, a Justice of the District Court may, if security, which in the opinion of such Justice is satisfactory, is given for payment, in the event of such conviction being affirmed on such appeal, of a sum to be fixed by such Justice sufficient to cover the amount of the fine and costs (if any) awarded on such conviction and the costs of the prosecutor on such appeal, direct such ship to be released, and such ship shall be released accordingly.