✨ Legislation Text and Proclamation




576
THE NEW ZEALAND GAZETTE.

"Ship and equipment."
"Ship and equipment" shall include a ship and
everything in or belonging to a ship:

"Master."
"Master" shall include any person having the
charge or command of a ship.

Repeal of Acts, and Saving Clauses.
Repeal of Foreign Enlistment Act. 59 Geo. III. c. 69.
31. From and after the commencement of this Act,
an Act passed in the fifty-ninth year of the reign of
his late Majesty King George the Third, chapter
sixty-nine, intituled "An Act to prevent the enlisting
"or engagement of His Majesty's subjects to serve
" in foreign service, and the fitting out or equipping,
"in His Majesty's dominions, vessels for warlike
"purposes, without His Majesty's license," shall be
repealed: Provided that such repeal shall not affect
any penalty, forfeiture, or other punishment incurred
or to be incurred in respect of any offence committed
before this Act comes into operation, nor the institu-
tion of any investigation or legal proceeding, or any
other remedy for enforcing any such penalty, for-
feiture, or punishment as aforesaid.

Saving as to commissioned foreign ships.
32. Nothing in this Act contained shall subject to
forfeiture any commissioned ship of any foreign
State, or give to any British Court over or in respect
of any ship entitled to recognition as a commissioned
ship of any foreign State any jurisdiction which it
would not have had if this Act had not passed.

Penalties not to extend to persons entering into military service
in Asia.
33. Nothing in this Act contained shall extend or
be construed to extend to subject to any penalty any
person who enters into the military service of any
prince, state, or potentate in Asia, with such leave or
license as is for the time being required by law in the
case of subjects of Her Majesty entering into the
military service of princes, states, or potentates in
Asia.

[CIRCULAR.]
Downing Street, August 12, 1870.

SIR,β€”I transmit to you, and you will publish in the
usual manner, a copy of a Supplementary Proclama-
tion issued by Her Majesty's Government, embodying
the provisions of the Foreign Enlistment Act, which
was communicated to you in my Circular Despatch
of the 10th instant.

I have, &c.,
KIMBERLEY.

The Officer Administering
the Government of New Zealand.

BY THE QUEEN.
A PROCLAMATION.
VICTORIA R.

WHEREAS We are happily at peace with all
Sovereigns, Powers, and States:

And whereas, notwithstanding Our utmost exer-
tions to preserve peace between all Sovereign Powers
and States, a state of war unhappily exists between
His Imperial Majesty the Emperor of the French
and His Majesty the King of Prussia, and between
their respective subjects and others inhabiting within
their countries, territories, or dominions:

And whereas We are on terms of friendship and
amicable intercourse with each of these Sovereigns,
and with their several subjects and others inhabiting
within their countries, territories, or dominions:

And whereas great numbers of Our loyal subjects
reside and carry on commerce, and possess property
and establishments, and enjoy various rights and
privileges, within the dominions of each of the afore-
said Sovereigns, protected by the faith of treaties
between Us and each of the aforesaid Sovereigns:

And whereas We, being desirous of preserving to
Our subjects the blessings of peace, which they now
happily enjoy, are firmly purposed and determined
to abstain altogether from taking any part, directly
or indirectly, in the war now unhappily existing
between the said Sovereigns, their subjects and terri-
tories, and to remain at peace with and to maintain a
peaceful and friendly intercourse with each of them,
and their respective subjects, and others inhabiting
within any of their respective countries, territories,
and dominions, and to maintain a strict and impartial
neutrality in the said state of war unhappily existing
between them:

We, therefore, have thought fit, by and with the
advice of Our Privy Council, to issue this Our Royal
Proclamation:

And We do hereby strictly charge and command
all Our loving subjects to govern themselves accord-
ingly, and to observe a strict neutrality in and during
the aforesaid war, and to abstain from violating or
contravening either the Laws and Statutes of the
Realm in this behalf, or the Law of Nations in rela-
tion thereto, as they will answer to the contrary at
their peril:

And whereas, in and by a certain Statute made and
passed in the present year of Her Majesty, intituled
"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,"
it is, amongst other things, declared and enacted as
follows:-

"ILLEGAL ENLISTMENT.

"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 dominions, 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 imprisonment, or either
of such punishments, 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.

"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 imprisonment, or either
of such punishments, 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.

"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 misrepresentation or false repre-
sentation 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 imprisonment, or either
of such punishments, 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.

"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,-



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 63





✨ LLM interpretation of page content

πŸ›οΈ Text of The Foreign Enlistment Act, 1870 (Sections 31-33 and Definitions) (continued from previous page)

πŸ›οΈ Governance & Central Administration
9 August 1870
Legislation, Foreign Enlistment Act, Repeal, Neutrality, Military service, Penalties

πŸ›οΈ Dispatch transmitting Supplementary Proclamation on Foreign Enlistment Act

πŸ›οΈ Governance & Central Administration
12 August 1870
Circular, Downing Street, Proclamation, Foreign Enlistment Act, Official correspondence
  • KIMBERLEY

πŸ›οΈ Royal Proclamation declaring neutrality in war between France and Prussia

πŸ›οΈ Governance & Central Administration
12 August 1870
Queen, Proclamation, Neutrality, France, Prussia, Illegal Enlistment, Penalties, Law of Nations
  • VICTORIA R.