Circulars and Legislation




THE NEW ZEALAND GAZETTE. 571

CIRCULAR.

Downing Street, 4th August, 1870.

SIR,—I have the honor to state to you, for your
information and guidance, that Her Majesty's Go-
vernment, having regard to the existing state of war
between France and Prussia, are of opinion that the
following instructions should be at once issued to
the Pilots in the Colony under your Government:
"British Pilots are not to pilot ships of war of
either belligerent, except in British waters, within
three miles of the shore, or to do more than pilot
such ships into or out of British ports or roadsteads
when they are not at the time engaged in any hostile
operations; but ships of war in distress may always
be piloted out of immediate danger."

I have accordingly to request that you will imme-
diately take the necessary steps for making these
instructions public.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

CIRCULAR.

Downing Street, 10th August, 1870.

SIR,—I have the honor to transmit to you, for your
information and guidance, copies of the Foreign
Enlistment Act, which has been passed by Her
Majesty's Government with the object of providing
for the preservation of neutrality during the existence
of hostilities between Foreign States with which Her
Majesty is at peace.

I have to instruct you to give the widest publicity
in the Colony under your Government to the pro-
visions of this important Act.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

CHAP. 90.

An Act to regulate the Conduct of Her Majesty's
Subjects during the existence of Hostilities between
Foreign States with which Her Majesty is at Peace.
[9th August, 1870.

WHEREAS it is expedient to make provision for the
regulation of the conduct of Her Majesty's subjects
during the existence of hostilities between Foreign
States with which Her Majesty is at peace:

Be it enacted by the Queen's most Excellent Ma-
jesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority
of the same, as follows:—

Preliminary.
Short Title of Act.

  1. This Act may be cited for all purposes as "The
    Foreign Enlistment Act, 1870."

Application of Act.

  1. This Act shall extend to all the dominions of
    Her Majesty, including the adjacent territorial
    waters.

Commencement of Act.

  1. This Act shall come into operation in the United
    Kingdom immediately on the passing thereof, and
    shall be proclaimed in every British possession by
    the Governor thereof as soon as may be after he
    receives notice of this Act, and shall come into
    operation in that British possession on the day of
    such proclamation; and the time at which this Act
    comes into operation in any place is, as respects
    such place, in this Act referred to as the commence-
    ment of this Act.

Illegal Enlistment.

Penalty on enlistment in service of foreign State.

  1. If any person, without the license of Her
    Majesty, being a British subject, within or without
    Her Majesty's dominions, accepts or agrees to accept
    any commission or engagement in the military or
    naval service of any foreign State at war with any
    foreign State at peace with Her Majesty, and in
    this Act referred to as a friendly State, or whether a
    British subject or not, within Her Majesty's do-
    minions, induces any other person to accept or agree
    to accept any commission or engagement in the
    military or naval service of any such foreign State
    as aforesaid, —

He shall be guilty of an offence against this Act,
and shall be punishable by fine and imprison-
ment, or either of such punishments, at the
discretion of the Court before which the
offender is convicted; and imprisonment, if
awarded, may be either with or without hard
labour.

Penalty on leaving Her Majesty's dominions with intent to
serve a foreign State.

  1. If any person, without the license of Her
    Majesty, being a British subject, quits or goes on
    board any ship with a view of quitting Her Majesty's
    dominions, with intent to accept any commission or
    engagement in the military or naval service of any
    foreign State at war with a friendly State, or whether
    a British subject or not, within Her Majesty's
    dominions, induces any other person to quit or to go
    on board any ship with a view of quitting Her
    Majesty's dominions with the like intent, —

He shall be guilty of an offence against this
Act, and shall be punishable by fine and im-
prisonment, or either of such punishments,
at the discretion of the Court before which
the offender is convicted; and imprisonment,
if awarded, may be either with or without
hard labour.

Penalty on embarking persons under false representations as to
service.

  1. If any person induces any other person to quit
    Her Majesty's dominions or to embark on any ship
    within Her Majesty's dominions under a misrepre-
    sentation or false representation of the service in
    which such person is to be engaged, with the intent
    or in order that such person may accept or agree to
    accept any commission or engagement in the military
    or naval service of any foreign State at war with a
    friendly State, —

He shall be guilty of an offence against this Act,
and shall be punishable by fine and imprison-
ment, or either of such punishments, at the
discretion of the Court before which the
offender is convicted; and imprisonment, if
awarded, may be either with or without hard
labour.

Penalty on taking illegally enlisted persons on board ship.

  1. If the master or owner of any ship, without the
    license of Her Majesty, knowingly either takes on
    board, or engages to take on board, or has on board
    such ship, within Her Majesty's dominions, any of
    the following persons, in this Act referred to as
    illegally enlisted persons; that is to say, —

(1.) Any person who, being a British subject
within or without the dominions of Her
Majesty, has, without the license of Her
Majesty, accepted or agreed to accept any
commission or engagement in the military or
naval service of any foreign State at war with
any friendly State:

(2.) Any person, being a British subject, who,
without the license of Her Majesty, is about
to quit Her Majesty's dominions with intent



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 63





✨ LLM interpretation of page content

🏛️ Instructions to Pilots Regarding Warships of Belligerents

🏛️ Governance & Central Administration
4 August 1870
Pilots, Warships, France, Prussia, Neutrality, Admiralty instructions
  • KIMBERLEY

🏛️ Transmission of Foreign Enlistment Act for Publicity

🏛️ Governance & Central Administration
10 August 1870
Foreign Enlistment Act, Neutrality, Hostilities, Publicity
  • KIMBERLEY

🏛️ Text of The Foreign Enlistment Act, 1870

🏛️ Governance & Central Administration
9 August 1870
Legislation, Foreign Enlistment Act, Military service, Naval service, British subjects, Penalties