266
THE NEW ZEALAND GAZETTE.

in British territorial waters, 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 in British territory or in British terri-
torial waters, was a ship in the military or naval ser-
vice of any foreign State at war with any friendly
State.

10. An offence against section 11 is committed if
    any person of any nationality in British territory
    or in British territorial waters, 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.

11. Information as to the meaning in the above
    sections and these Instructions of the terms "terri-
    torial waters," "license of Her Majesty," "foreign
    State," "friendly State," " military service," "naval
    service," "ship," "master of ship," "building" and
    "equipping" respectively, will be found hereafter in
    paragraph 33 of these Instructions.

12. The following acts are not breaches of "The
    Foreign Enlistment Act, 1870" :-

(a.) Building and equipping a merchantman in
order that, as such, she may carry a cargo
contraband of war;

(6.) Putting on board a merchantman a cargo
contraband of war;

(c.) Despatching a merchantman with or in
order that as such she may carry a cargo con-
traband of war;

(d.) Building, equipping, or despatching a
merchantman in order that as such she may
run a blockade;

(e.) Building, causing to be built, or equipping
a ship in any of the cases mentioned in the
proviso in section 8 of the Act:

Provided that such ship is not to be employed in
the military or naval service of any foreign State at
war with any friendly State.

13. Whenever any officer under your command
    has reason to suspect that any offence against any
    of the above sections has been or is about to be com-
    mitted, he will at once report to you.

14. With respect to breaches of sections 4, 5, 6,
    10, and 11, you will not in any case, and with respect
    to breaches of section 7 you will not except in case
    of emergency admitting of no delay, exercise autho-
    rity over any ship unless you have received written
    requisition or warrant to do so from the civil autho-
    rities.

15. If you have reason to believe that an offence
    against section 7 has been committed, you will,
    except in case of emergency admitting of no delay,
    communicate with the civil authorities, as directed
    in paragraphs 19 and 20 of these Instructions; but
    in case of emergency admitting of no delay, you will,
    without waiting to communicate with the civil
    authorities, proceed yourself to seize and detain such
    ship, and take or cause to be taken on shore all
    illegally enlisted persons, and will not allow them to
    return to the ship.

16. With respect to breaches of section 8, you will
    in no case exercise authority over any ship without
    such written requisition as aforesaid, unless where it
    is represented to you (and you believe the represen-
    tation), that there is reasonable and probable cause
    for believing that a ship in British territory, or in
    British territorial waters, not only has been or is
    being built, commissioned, or equipped contrary to
    section 8, but is about to be taken beyond the limits
    of British territory and British territorial waters, or
    that a ship is about to be despatched contrary to
    section 8; but where it is so represented to you, and
    you so believe, it will be your duty at once to detain
    such ship on your own responsibility under section
    24, and forthwith to communicate the fact of her
    detention to one of Her Majesty's Principal Secre-
    taries of State, or the Chief Executive Authority, and
    await their further instructions.

What is meant by a Chief Executive Authority will
be ascertained by reference to section 26 of the Act,
and to the interpretation clause, section 30.

17. Every officer of Her Majesty's Navy or Marines
    may be called on under section 22 by any of the local
    authorities mentioned in section 21, to aid in seizing
    or detaining any ship liable to be seized or detained
    in respect of any offence against the Act.

When so called upon, he will give his aid with the
Naval force (if any) under his command.

18. Every commissioned officer on full pay in the
    Naval Service of the Crown, on receiving a warrant
    from any of Her Majesty's Principal Secretaries of
    State, or the Chief Executive Authority defined in
    sections 26 and 30 of the Act, stating that there is
    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 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, will have the power
    under section 23, and will also have the duty, at
    once, to seize and search and detain the same.

19. In the event of your having reason to suspect
    that any offence against the above sections of the
    Act has been or is about to be committed by or on
    board any ship (except where it is your duty at once
    to seize and detain the ship yourself under these In-
    structions), you will forthwith communicate with the
    civil authorities, and await the arrival of their requi-
    sitions, taking up in the meantime a position whence
    you will be able to observe the movements of the
    ship, and to comply without delay with any requisi-
    tions you may receive to prevent her putting to sea;
    and for this purpose you will, when you think it ex-
    pedient, keep your ship under steam.

20. As soon as you have received the requisitions
    or warrant of the civil authorities, you will take
    proper measures to give effect to them, using your
    own discretion as to the mode of disposing of the
    naval force under your command.

21. Special caution is to be used in dealing with
    armed ships.

22. Wherever you or any officer acting hereunder
    is required to act, he will, if possible, employ a com-
    manding force, so as to prevent all resistance.

23. The powers of seizure and detention given to
    you as above are exercisable in British territorial
    waters over any private ship, whatever be her na-
    tionality.

24. These powers are also exercisable on the high
    seas, not being territorial waters, over British ships,
    but over no other ships.

25. They are not exercisable over any ship in
    foreign territorial waters.

26. They are not exercisable in any waters over
    any ship of war of any foreign State.

27. As soon as the determination has been arrived
    at to exercise the powers of seizure or detention
    given you, you will announce the fact to the master
    of the ship, and take proper measures to secure the
    ship.

28. The officer seizing or detaining any ship will
    use his own discretion (in the absence of special
    orders) as to whether he will detain her on the spot
    or bring her into the nearest British port, and as to
    whether he will take possession of her or allow her
    to be navigated by her own crew.

29. He will not use force, except in the last resort;