Proclamation and Neutrality Instructions




THE NEW ZEALAND GAZETTE. 755

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 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 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.
“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 expe-
dition to proceed against the dominions of any friendly
State, the following 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 punish-
ments, 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.) All ships and their equipments, and all arms
and munitions of war, used in or forming part of
such expedition, 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 des-
patched 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 Our 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 au-
thorities :
Now, in order that none of Our subjects may
unwarily render themselves liable to the penalties
imposed 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 en-
titled 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 pre-
decessors have always claimed to exercise.
And We hereby further warn all Our loving sub-
jects, and all persons whatsoever entitled to Our pro-
tection, that if any of them shall presume, in contempt
of this Our Royal Proclamation, and of Our high
displeasure, to do any Acts in derogation of their
duty as subjects of a neutral Sovereign in a war
between other Sovereigns, or in violation or con-
travention of the Law of Nations in that behalf,
as more especially by breaking, or endeavouring
to break, any blockade lawfully and actually estab-
lished by or on behalf of either of the said Sove-
reigns, or by carrying officers, soldiers, despatches,
arms, ammunition, military stores, or materials, or
any article or articles considered and deemed to
be contraband of war according to the law or modern
usages of nations, for the use or service of either of
the said Sovereigns, that all persons so offending,
together with their ships and goods, will rightfully
incur and be justly liable to hostile capture, and to
the penalties denounced by the Law of Nations in
that behalf.
And We do hereby give notice that all Our subjects,
and persons entitled to Our protection, who may mis-
conduct themselves in the premises will do so at
their peril, and of their own wrong; and that they
will in nowise obtain any protection from Us against
such capture, or such penalties as aforesaid, but will,
on the contrary, incur Our high displeasure by such
misconduct.

Given at Our Court, at Windsor, this thirtieth
day of April, in the year of our Lord
one thousand eight hundred and seventy-
seven, in the fortieth year of Our reign.

GOD SAVE THE QUEEN!


[CIRCULAR.]

Downing Street, 3rd May, 1877.

SIR,—I enclose, for your guidance, a copy of a
letter which I have received from the Earl of Derby,
from which you will learn Her Majesty’s pleasure on
various matters connected with the hostilities which
have broken out between Russia and Turkey. You
will not fail to conform to Her Majesty’s commands,
and to give them publicity throughout the colony
under your government.

I have, &c.,
CARNARVON.

The Officer Administering
the Government of New Zealand.


Foreign Office, 30th April, 1877.

MY LORD,—Her Majesty being fully determined to
observe the duties of neutrality during the existing
state of war between the Emperor of all the Russias
and the Emperor of the Ottomans, and being moreover
resolved to prevent, as far as possible, the use of Her
Majesty’s harbours, ports, and coasts, and the waters
within Her Majesty’s territorial jurisdiction, in aid
of the warlike purposes of either belligerent, has
commanded me to communicate to your Lordship,
for your guidance, the following rules, which are to
be treated and enforced as Her Majesty’s orders and
directions:—

Her Majesty is pleased further to command that
these rules shall be put in force in the United
Kingdom, the Isle of Man, and the Channel Islands,
on and after the 5th of May instant, and in Her
Majesty’s territories and possessions beyond the seas,
six days after the day when the Governor, or other
chief authority of each of such territories or posses-
sions respectively, shall have notified and published
the same, stating in such notification that the said
rules are to be obeyed by all persons within the same
territories and possessions.

  1. During the continuance of the present state of
    war, all ships of war of either belligerent are pro-
    hibited from making use of any port or roadstead
    in the United Kingdom, the Isle of Man, or the
    Channel Islands, or in any of Her Majesty’s Colonies
    or foreign possessions or dependencies, or of any


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1877, No 63





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