✨ Proclamation on Neutrality Penalties




THE NEW ZEALAND GAZETTE. 577

"(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 to accept any commis-
sion 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 im-
prisonment, or either of such punishments, at the dis-
cretion of the Court before which the offender is
convicted; and imprisonment, 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, immediately 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.

"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 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:
"Such person shall be deemed to have committed an offence
against this Act, and the following consequences shall ensue:-
"(1.) The offender shall be punishable by fine and im-
prisonment, or either of such punishments, at the dis-
cretion of the Court before which the offender is
convicted; and imprisonment, 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 commencement 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 neutrality 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.

"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 the order of such foreign State, or any person who to
the knowledge of the person building is an agent for 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.

"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 aug-
menting 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.

"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 expedition to
proceed against the dominions of any friendly State, the fol-
lowing consequences shall ensue :-
"(1.) Every person engaged in such preparation or fitting
out, or assisting therein, or employed in any capacity in
such expedition, 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 im-
prisonment, 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 part of such expe-
dition, shall be forfeited to Her Majesty.

"Any person who aids, abets, counsels, or procures the
commission of any offence against this Act shall be liable to be
tried and punished as a principal offender."

And whereas by the said Act it is further provided
that ships built, commissioned, equipped, or de-
spatched in contravention of the said Act, may be
condemned and forfeited by judgment of the Court
of Admiralty; and that if the Secretary of State or
Chief Executive Authority is satisfied that there is a
reasonable and probable cause for believing that a
ship within Her Majesty's dominions has been or is
being built, commissioned, or equipped, contrary to
the said Act, and is about to be taken beyond the
limits of such dominions, or that a ship is about to
be despatched contrary to the Act, such Secretary of
State or Chief Executive Authority shall have power
to issue a warrant authorizing the seizure and search
of such ship, and her detention until she has been
either condemned or released by process of law:
And whereas certain powers of seizure and detention
are conferred by the said Act on certain local
authorities:

Now, in order that none of Our subjects may un-
warily render themselves liable to the penalties im-
posed by the said Statute, We do hereby strictly
command, that no person or persons whatsoever do
commit any act, matter, or thing whatsoever contrary
to the provisions of the said Statute, upon pain of
the several penalties by the said Statute imposed,
and of our high displeasure.

And We do hereby further warn and admonish all
Our loving subjects, and all persons whatsoever
entitled to Our protection, to observe towards each
of the aforesaid Sovereigns, their subjects and terri-
tories, and towards all belligerents whatsoever, with
whom we are at peace, the duties of neutrality; and
to respect, in all and each of them, the exercise of
those belligerent rights which We and Our royal
predecessors have always claimed to exercise.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1870, No 63





✨ LLM interpretation of page content

πŸ›οΈ Detailed Penalties for Violations of Neutrality Act (continued from previous page)

πŸ›οΈ Governance & Central Administration
12 August 1870
Neutrality, Foreign Enlistment, Illegal Service, Shipbuilding Offenses, Penalties, Forfeiture, Admiralty Court