MERCHANT SHIPPING (SPANISH CIVIL WAR) ACT, 1937

AN ACT TO MAKE PROVISION FOR CARRYING INTO EXECUTION THE INTERNATIONAL OBLIGATIONS OF SAORSTÁT EIREANN IN RELATION TO THE CIVIL WAR NOW BEING WAGED IN SPAIN SO FAR AS SUCH OBLIGATIONS RELATE TO MERCHANT SHIPPING. [12th March, 1937.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Short title.

1.—This Act may be cited as the Merchant Shipping (Spanish Civil War) Act, 1937.

2 Commencement and duration.

2.—(1) This Act shall come into operation on such day as the Executive Council shall by order appoint for that purpose, and shall (unless continued under the next following sub-section of this section) expire at the expiration of six months from that day.

• (2) So long as this Act is in force, the Executive Council may, whenever and so often as they think proper, by order continue this Act in force for such time (not exceeding six months from the date on which it would otherwise expire) as they shall think proper and shall specify in such order and, whenever any such order is made by the Executive Council, this Act shall continue in force in accordance with such order and shall (unless further continued under this sub-section) then expire.

• (3) If the Executive Council do not, within one year after the passing of this Act, appoint the day on which this Act is to come into operation, this Act shall expire at the expiration of one year from the passing of this Act.

3 Definitions.

3.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the expression “the International Committee” means the Committee known as the International Committee for the Application of the Agreement regarding Non-Intervention in Spain and consisting of representatives of the respective Governments of Saorstát Eireann and several other countries;

the expression “the Board” means any board set up by the International Committee for the purpose of carrying out the observation of the Spanish frontiers;

the word “Spain” includes all Spanish possessions and territories and the Spanish Zone of Morocco;

the expression “Saorstát Eireann merchant ship” means a ship registered under the Merchant Shipping Acts, 1894 to 1933, whose port of registry is situate in Saorstát Eireann.

4 Power of the Minister to make orders.

4.—(1) In order to fulfil the international obligations of the Government of Saorstát Eireann as one of the Governments represented on the International Committee, the Minister may from time to time by order take all such steps and do all such things as shall appear to him to be necessary or proper to be done by the Government of Saorstát Eireann in respect of merchant shipping for the purpose of giving practical effect to the resolutions in relation to the observation of the frontiers of Spain from time to time passed by the International Committee, and for that purpose and without prejudice to the generality of the foregoing provision the Minister may by order do all or any of the following things, that is to say:—

• (a) regulate, restrict, and control the movements of Saorstát Eireann merchant ships in waters adjacent to Spain or proceeding to or coming from a port in Spain;

• (b) require such ships to embark, carry, and disembark officers of the Board and to give such officers all requisite facilities;

• (c) require such ships to display specified flags in specified circumstances;

• (d) confer on officers of ships of war of specified countries powers of stopping and boarding Saorstát Eireann merchant ships, examining the papers of such ships, and interrogating the officers, crew, and passengers (if any) of such ships;

• (e) provide for any matter or thing ancillary or incidental to any provision inserted in such order under any of the foregoing paragraphs of this sub-section.

• (2) An order made under this section may declare an infringement of the provisions or any particular provision thereof to be an offence punishable by law.

• (3) The Minister may by order revoke or amend any order previously made by him under this section, including an order made under this sub-section.

• (4) Any person guilty of any act (whether of commission or omission) which is declared by an order made under this section to be an offence punishable by law shall be liable—

• (a) on conviction thereof on indictment to a fine not exceeding five hundred pounds, or at the discretion of the Court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, or

• (b) on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.

• (5) A person may be arrested and tried and, if convicted, may be punished under this section after the expiration of this Act or after the expiration of an order made under this section for an offence under such order committed or alleged to have been committed by him while such order was in force.