β¨ Text of Legislation
THE NEW ZEALAND GAZETTE. 573
part of such expedition, shall be forfeited to
Her Majesty.
Punishment of accessories.
12. Any person who aids, abets, counsels, or pro-
cures the commission of any offence against this Act
shall be liable to be tried and punished as a principal
offender.
Limitation of term of imprisonment.
13. The term of imprisonment to be awarded in
respect of any offence against this Act shall not
exceed two years.
Illegal Prize.
Illegal prize brought into British ports restored.
14. If, during the continuance of any war in which
Her Majesty may be neutral, any ship, goods, or
merchandise captured as prize of war within the
territorial jurisdiction of Her Majesty, in violation of
the neutrality of this realm, or captured by any ship
which may have been built, equipped, commissioned,
or despatched, or the force of which may have been
augmented, contrary to the provisions of this Act, to
are brought within the limits of Her Majesty's
dominions by the captor, or any agent of the captor,
or by any person having come into possession thereof
with knowledge that the same was prize of war so
captured as aforesaid, it shall be lawful for the origi-
nal owner of such prize, or his agent, or for any
person authorized in that behalf by the Government
of the foreign State to which such owner belongs, to
make application to the Court of Admiralty for
seizure and detention of such prize, and the Court
shall, on due proof of the facts, order such prize to be
restored.
Every such order shall be executed and carried into
effect in the same manner, and subject to the same
right of appeal, as in case of any order made in the
exercise of the ordinary jurisdiction of such Court;
and in the meantime, and until a final order has been
made on such application, the Court shall have power
to make all such provisional and other orders as to
the care or custody of such captured ship, goods, or
merchandise, and (if the same be of perishable nature,
or incurring risk of deterioration) for the sale thereof,
and with respect to the deposit or investment of the
proceeds of any such sale, as may be made by such
Court in the exercise of its ordinary jurisdiction.
General Provision.
License by Her Majesty, how granted.
15. For the purposes of this Act a license by Her
Majesty shall be under the sign-manual of Her
Majesty, or be signified by Order in Council, or by
Proclamation of Her Majesty.
Legal Procedure.
Jurisdiction in respect of offences by persons against Act.
16. Any offence against this Act shall, for all pur-
poses of and incidental to the trial and punishment
of any person guilty of any such offence, be deemed
to have been committed either in the place in which
the offence was wholly or partly committed, or in any
place within Her Majesty's dominions in which the
person who committed such offence may be.
Venue in respect of offences by persons. 24 and 25 Vict. c. 97.
17. Any offence against this Act may be described
in any indictment or other document relating to
such offence, in cases where the mode of trial re-
quires such a description, as having been committed
at the place where it was wholly or partly committed,
or it may be averred generally to have been com-
mitted within Her Majesty's dominions, and the
venue or local description in the margin may be that
of the county, city, or place in which the trial is
held.
Power to remove offenders for trial.
18. The following authorities, that is to say, in the
United Kingdom any Judge of a superior Court, in
any other place within the jurisdiction of any British
Court of Justice, such Court, or, if there are more
Courts than one, the Court having the highest criminal
jurisdiction in that place, may, by warrant or instru-
ment in the nature of a warrant in this section in-
cluded in the term "warrant," direct that any offender
charged with an offence against this Act shall be
removed to some other place in Her Majesty's
dominions for trial in cases where it appears to the
authority granting the warrant that the removal of
such offender would be conducive to the interests of
justice, and any prisoner so removed shall be triable
at the place to which he is removed, in the same
manner as if his offence had been committed at such
place.
Any warrant for the purposes of this section may
be addressed to the master of any ship or to any
other person or persons, and the person or persons
to whom such warrant is addressed shall have power
to convey the prisoner therein named to any place or
places named in such warrant, and to deliver him,
when arrived at such place or places, into the custody
of any authority designated by such warrant.
Every prisoner shall, during the time of his re-
moval under any such warrant as aforesaid, be
deemed to be in the legal custody of the person or
persons empowered to remove him.
Jurisdiction in respect of forfeiture of ships for offences
against Act.
19. All proceedings for the condemnation and for-
feiture of a ship, or ship and equipment, or arms and
munitions of war, in pursuance of this Act, shall re-
quire the sanction of the Secretary of State or such
chief executive authority as is in this Act mentioned,
and shall be had in the Court of Admiralty, and not
in any other Court; and the Court of Admiralty
shall, in addition to any power given to the Court by
this Act, have in respect of any ship or other matter
brought before it in pursuance of this Act all powers
which it has in the case of a ship or matter brought
before it in the exercise of its ordinary jurisdiction.
Regulations as to proceedings against the offender and
against the ship.
20. Where any offence against this Act has been
committed by any person by reason whereof a ship,
or ship and equipment, or arms and munitions of
war, has or have become liable to forfeiture, proceed-
ings may be instituted, contemporaneously or not, as
may be thought fit, against the offender in any Court
having jurisdiction of the offence, and against the
ship, or ship and equipment, or arms and munitions
of war, for the forfeiture in the Court of Admiralty;
but it shall not be necessary to take proceedings
against the offender because proceedings are insti-
tuted for the forfeiture, or to take proceedings for
the forfeiture because proceedings are taken against
the offender.
Officers authorized to seize offending ships.
21. The following officers, that is to say,
(1.) Any officer of Customs in the United King-
dom, subject nevertheless to any special or
general instructions from the Commissioners
of Customs, or any officer of the Board of
Trade, subject nevertheless to any special or
general instructions from the Board of Trade;
(2.) Any officer of Customs or public officer in
any British possession, subject nevertheless to
any special or general instructions from the
Governor of such possession;
(3.) Any commissioned officer on full pay in the
military service of the Crown, subject never-
theless to any special or general instructions
from his commanding officer;
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β¨ LLM interpretation of page content
ποΈ
Text of The Foreign Enlistment Act, 1870 (Sections 12 to 21)
(continued from previous page)
ποΈ Governance & Central Administration9 August 1870
Legislation, Foreign Enlistment Act, Trial, Forfeiture, Jurisdiction, Seizure, Legal Procedure
NZ Gazette 1870, No 63