682
THE NEW ZEALAND GAZETTE.
[No. 29

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
without 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 en-
gaged, 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 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 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 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 for-
feited 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 im-
posed 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, caus-
ing to be built, or equipping such ship, and fur-
nishes 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, de-
livered, 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 de-
livered to or to the order of such foreign State, or any per-
son 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 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 in-
tended 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 in-
creasing or augmenting, 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 imprison-
ment, 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.

“ If any person within the limits of Her Majesty’s do-
minions, 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
following consequences shall ensue:—

“ (1.) Every person engaged in such preparation or fit-
ting-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 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 principle offender.”

And whereas by the said Act it is further provided that
ships built, commissioned, equipped, or despatched in con-
travention 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 authorising 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 con-
ferred by the said Act on certain local authorities :