Acts of the Parliament of the Dominion of Canada

OF THE

IMPERIAL GOVERNMENT

TOGETHER WITH

TREATIES NEGOTIATED

BETWEEN

HER MAJESTY THE QUEEN

AND

FOREIGN POWERS

OTTAWA

PRINTED BY SAMUEL EDWARD DAWSON

LAW PRINTER (FOR CANADA) TO THE QUEEN'S MOST EXCELLENT MAJESTY

ANNO DOMINI 1895

(Circular.)

DOWNING STREET, 8th August, 1894.

SIR,-I have the honour to transmit to you copies of Her Majesty's proclamation of neutrality on the occasion of the war between China and Japan, together with copy of letter from the Foreign Office embodying rules which Her Majesty has directed to be observed on the same occasion; and I have to request that you will cause both documents to be immediately published throughout the colony under your government, and that you will not fail to conform to Her Majesty's commands.

I have the honour to be, sir,

Your most obedient, humble servant,

The Officer administering the Government of Canada.

BY THE QUEEN.

RIPON.

A PROCLAMATION.

VICTORIA, R.

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

And whereas a state of war unhappily exists between His Majesty the Emperor of China and His Majesty the Emperor of Japan, and between their respective subjects and others inhabiting within their countries, territories, or dominions;

And whereas We are on terms of friendship and amicable intercourse with each of these States, and with their subjects 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 territory of each of the aforesaid States, protected by the faith of Treaties between Us and each of the aforesaid States;

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 States;

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

VOL. I-A

Proclamation of Neutrality-China and Japan.

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 holden in the 33rd and 34th years 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.

"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 a like intent,

"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,

"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:

Proclamation of Neutrality-China and Japan.

(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; 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 :

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Acts of the Parliament of the Dominion of Canada, Volumes 1-2