754

THE NEW ZEALAND GAZETTE.

"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 do-
minions 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
imprisonment, 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 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 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 with-
out 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,—

"(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 conse-
quences shall ensue, that is to say,—

"(1.) The offender 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; 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 autho-
rity 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.

"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 de-
spatched, 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 con-
sequences shall ensue :—

"(1.) The offender 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.

"(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 com-
mencement 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 satis-
fies the conditions following, that is to say,—

"(1.) If, forthwith upon a Proclamation of Neu-
trality 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 ensuring
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 to the order of such
foreign State, or any person who, to the knowledge
of the person building, is an agent of 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 con-
trary 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