572

THE NEW ZEALAND GAZETTE.

to accept any commission or engagement in
the military or naval service of any foreign
State at war with a friendly State:
(3.) Any person who has been induced to
embark under a misrepresentation 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:
Such master or owner shall be guilty of an offence
against this Act, and the following consequences
shall ensue; that is to say,–
(1.) The offender shall be punishable by fine
and imprisonment, or either of such punish-
ments, at the discretion of the Court before
which the offender is convicted; and imprison-
ment, if awarded, may be either with or
without hard labour: and
(2.) Such ship shall be detained until the trial
and conviction or acquittal of the master or
owner, and until all penalties inflicted on
the master or owner have been paid, or the
master or owner has given security for the
payment of such penalties to the satisfaction
of two Justices of the Peace, or other
magistrate or magistrates having the authority
of two Justices of the Peace: and
(3.) All illegally enlisted persons shall imme-
diately on the discovery of the offence be
taken on shore, and shall not be allowed to
return to the ship.

Illegal Shipbuilding and Illegal Expeditions.
Penalty on illegal shipbuilding and illegal expeditions.
8. If any person within Her Majesty's dominions,
without the license of Her Majesty, does any of the
following acts; that is to say, –
(1.) Builds, or agrees to build, or causes to be
built, any ship with intent or knowledge, or
having reasonable cause to believe, that the
same shall or will be employed in the military
or naval service of any foreign State at war
with any friendly State: or
(2.) Issues or delivers any commission for any
ship with intent or knowledge, or having
reasonable cause to believe, that the same
shall or will be employed in the military or
naval service of any foreign State at war with
any friendly State: or
(3.) Equips any ship with intent or knowledge,
or having reasonable cause to believe, that the
same shall or will be employed in the military
or naval service of any foreign State at war
with any friendly State: or
(4.) Despatches, or causes or allows to be
despatched, any ship with intent or know-
ledge, or having reasonable cause to believe,
that the same shall or will be employed in the
military or naval service of any foreign State
at war with any friendly State:
Such person shall be deemed to have committed an
offence against this Act, and the following conse-
quences shall ensue :–
(1.) The offender shall be punishable by fine
and imprisonment, or either of such punish-
ments, at the discretion of the Court before
which the offender is convicted; and imprison-
ment, if awarded, may be either with or
without hard labour.
(2.) The ship in respect of which any such
offence is committed, and her equipment, shall
be forfeited to Her Majesty:
Provided that a person building, causing to be built,
or equipping a ship in any of the cases aforesaid, in
pursuance of a contract made before the commence-
ment of such war as aforesaid, shall not be liable to
any of the penalties imposed by this section in
respect of such building or equipping if he satisfies
the conditions following; (that is to say,)
(1.) If forthwith upon a Proclamation of neu-
trality being issued by Her Majesty he gives
notice to the Secretary of State that he is so
building, causing to be built, or equipping such
ship, and furnishes such particulars of the
contract and of any matters relating to, or
done, or to be done under the contract as may
be required by the Secretary of State:
(2.) If he gives such security, and takes and
permits to be taken such other measures, if
any, as the Secretary of State may prescribe
for insuring that such ship shall not be
despatched, delivered, or removed without the
license of Her Majesty until the termination
of such war as aforesaid.

Presumption as to evidence in case of illegal ship.
9. Where any ship is built by order of or on
behalf of any foreign State when at war with a
friendly State, or is delivered to or to the order of
such foreign State, or any person who to the know-
ledge of the person building is an agent of such
foreign State, or is paid for by such foreign State or
such agent, and is employed in the military or naval
service of such foreign State, such ship shall, until
the contrary is proved, be deemed to have been built
with a view to being so employed, and the burden
shall lie on the builder of such ship of proving that
he did not know that the ship was intended to be so
employed in the military or naval service of such
foreign State.

Penalty on aiding the warlike equipment of foreign ships.
10. If any person within the dominions of Her
Majesty, and without the license of Her Majesty,–
By adding to the number of the guns, or by
changing those on board for other guns, or by the
addition of any equipment for war, increases or
augments, or procures to be increased or augmented,
or is knowingly concerned in increasing or augment-
ing, the warlike force of any ship which at the time
of her being within the dominions of Her Majesty
was a ship in the military or naval service of any
foreign State at war with any friendly State,–
Such person shall be guilty of an offence against
this Act, and shall be punishable by fine and
imprisonment, 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 fitting out naval or military expeditions without
license.
11. If any person within the limits of Her
Majesty's dominions, and without the license of Her
Majesty,–
Prepares or fits out any naval or military expedi-
tion to proceed against the dominions of any friendly
State, the following consequences shall ensue:–
(1.) Every person engaged in such preparation
or fitting out, or assisting therein, or em-
ployed in any capacity in such expedition,
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.
(2.) All ships, and their equipments, and all
arms and munitions of war, used in or forming