38
THE NEW ZEALAND GAZETTE.

Colonial Secretary's Office.
Wellington, 15th January, 1872.
THE following Act of the Imperial Parliament is
published for general information.
W. GISBORNE.

CHAP. 90.

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.
[9th August, 1870.

WHEREAS it is expedient to make provision for the
regulation of the conduct of Her Majesty's subjects
during the existence of hostilities between Foreign
States with which Her Majesty is at peace:

Be it enacted by the Queen's most Excellent Ma-
jesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority
of the same, as follows:-

Preliminary.
Short Title of Act.

1. This Act may be cited for all purposes as "The
   Foreign Enlistment Act, 1870."

Application of Act.
2. This Act shall extend to all the dominions of
Her Majesty, including the adjacent territorial
waters.

Commencement of Act.
3. This Act shall come into operation in the United
Kingdom immediately on the passing thereof, and
shall be proclaimed in every British possession by
the Governor thereof as soon as may be after he
receives notice of this Act, and shall come into
operation in that British possession on the day of
such Proclamation; and the time at which this Act
comes into operation in any place is, as respects
such place, in this Act referred to as the commence-
ment of this Act.

Illegal Enlistment.
Penalty on enlistment in service of foreign State.
4. 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 do-
minions, 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 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.

Penalty on leaving Her Majesty's dominions with intent to
serve a foreign State.
5. 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 im-
prisonment, 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 embarking persons under false representations as
to service.
6. 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 misrepre-
sentation 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,-

He 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.

Penalty on taking illegally enlisted persons on board ship.
7. 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,-
(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 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.