1020
THE NEW ZEALAND GAZETTE.
[No. 46

BY THE QUEEN.—A PROCLAMATION.

VICTORIA, R.

WHEREAS We are happily at peace with all Sovereigns, Powers, and States:

And whereas a state of war unhappily exists between His Majesty the King of Spain, and, in his name and during his minority, Her Majesty the Queen Regent of the Kingdom, and the United States of America, and between their respective subjects, citizens, and others inhabiting within their countries, territories, or dominions:

And whereas We are on terms of friendship and amicable intercourse with each of these Powers, and with their several subjects, citizens, and others inhabiting within their countries, territories, or dominions:

And whereas great numbers of our loyal subjects reside and carry on commerce, and possess property and establishments, and enjoy various rights and privileges, within the dominions of each of the aforesaid Powers, protected by the faith of treaties between Us and each of the aforesaid Powers:

And whereas We, being desirous of preserving to our subjects the blessings of peace, which they now happily enjoy, are firmly purposed and determined to maintain a strict and impartial neutrality in the said state of war unhappily existing between the aforesaid Powers:

And whereas We are resolved to insure, by every lawful means in our power, the due observance by our subjects towards both the aforesaid Powers of the rules embodied in Article VI. of the treaty of the 8th May, 1871, between Us and the United States of America, which said rules are as follows:—

“A neutral Government is bound—

“First. To use diligence to prevent the fitting-out, arming, or equipping, within its jurisdiction, of any vessel which it has reasonable ground to believe is intended to cruise or to carry on war against a Power with which it is at peace; and also to use like diligence to prevent the departure from its jurisdiction of any vessel intended to cruise or carry on war as above, such vessel having been specially adapted, in whole or in part, within such jurisdiction, to warlike use.

“Secondly. Not to permit or suffer either belligerent to make use of its ports or waters as the base of naval operations against the other, or for the purpose of the renewal or augmentation of military supplies or arms, or the recruitment of men.

“Thirdly. To exercise due diligence in its own ports and waters, and, as to all persons within its jurisdiction, to prevent any violation of the foregoing obligations and duties.”

We therefore have thought fit, by and with the advice of our Privy Council, to issue this our Royal Proclamation:

And We do hereby strictly charge and command all our loving subjects to govern themselves accordingly, and to observe a strict neutrality in and during the aforesaid war, and to abstain from violating or contravening either the laws and statutes of the realm in this behalf, or the law of nations in relation thereto, as they will answer to the contrary at their peril.

And whereas in and by a certain statute made and passed in a session of Parliament held in the 33rd and 34th year of our reign, intituled “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,” it is, amongst other things, declared and enacted as follows:—

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

“Illegal Enlistment.

“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 dominions, 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 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, 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 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 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,—

“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 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 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;

“(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,—