APPENDIX A. ENGLISH AND AMERICAN FOREIGN ENLISTMENT ACTS. I. ENGLISH ACT.-33 & 34 VICT. CHAP. 90. An Act to regulate the conduct of Her Majesty's Subjects during Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. 1. This Act may be cited for all purposes as The Foreign Enlist Short title of Act. ment Act, 1870." 2. This Act shall extend to all the dominions of Her Majesty, Application including the adjacent territorial waters. of Act. 3. This Act shall come into operation in the United Kingdom im- Commencemediately on the passing thereof, and shall be proclaimed in every ment of Act. British possession by the governor thereof as soon as may be after he receives notice of this Act, and shall come into operation in that British possession on the day of such proclamation, and the time at which this Act comes into operation in any place is, as respects such place, in this Act referred to as the commencement of this Act. Illegal Enlistment. enlistment in service of foreign State. 4. If any person, without the license of Her Majesty, being a Penalty on 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. Penalty on leaving Her Majesty's dominions 5. 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 comwith intent to mission or engagement in the military or naval service of any foreign serve a 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, State. Penalty on embarking persons under false representations as to service. Penalty on taking illegally enlisted persons on board ship. 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. 6. 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. 7. 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 mis- such master or owner shall be guilty of an offence against this Act, (2.) Such ship shall be detained until the trial and conviction or master or owner has given security for the payment of such (3.) All illegally enlisted persons shall immediately on the dis- Illegal Shipbuilding and Illegal Expeditions. 8. If any person within Her Majesty's dominions, without the Penalty on license of Her Majesty, does any of the following acts; that is to say, illegal shipbuilding and (1.) Builds or agrees to build, or causes to be built any ship with illegal expediintent or knowledge, or having reasonable cause to believe tions. 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 imprisonment, or either of such punishments, at the discretion of the (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 commencement 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 satisfies the conditions following; that is to say, (1.) If forthwith upon a proclamation of neutrality being issued Presumption as to evidence in case of illegal ship. Penalty on aiding the warlike equipment of foreign ships. Penalty on fitting out naval or military expeditions without license. Punishment Limitation of term of imprisonment. Illegal prize brought into British ports restored. delivered, or removed without the license of Her Majesty until the termination of such war as aforesaid. 9. 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 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 intended to be so employed in the military or naval service of such foreign State. 10. 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 increasing 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 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. 11. 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 expedition 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 12. 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. 13. The term of imprisonment to be awarded in respect of any offence against this Act shall not exceed two years. Illegal Prize. 14. If, during the continuance of any war in which Her Majesty may be neutral, any ship, goods, or merchandize captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the neutrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or despatched, or the force of which may have been augmented, contrary to the provisions of this Act, are brought within the limits of Her Majesty's dominions by the captor, or any agent of the captor, or by any person having come into possession thereof with knowledge that the same was prize of war so captured as aforesaid, it shall be lawful for the original owner of such prize, or his agent, or for any person authorized in that behalf by the Government of the foreign State to which such owner belongs, to make application to the Court of Admiralty for seizure and detention of such prize, and the Court shall, on due proof of the facts, order such prize to be restored. Every such order shall be executed and carried into effect in the same manner, and subject to the same right of appeal, as in case of any order made in the exercise of the ordinary jurisdiction of such Court; and in the meantime and until a final order has been made on such application the Court shall have power to make all such provisional and other orders as to the care or custody of such captured ship, goods, or merchandize, and (if the same be of perishable nature, or incurring risk of deterioration) for the sale thereof, and with respect to the deposit or investment of the proceeds of any such sale, as may be made by such Court in the exercise of its ordinary jurisdiction. General Provision. 15. For the purposes of this Act, a license by Her Majesty shall be under the sign manual of Her Majesty, or be signified by Order in Council or by proclamation of Her Majesty. Legal Procedure. 16. Any offence against this Act shall, for all purposes of and incidental to the trial and punishment of any person guilty of any such offence, be deemed to have been committed either in the place in which the offence was wholly or partly committed, or in any place within Her Majesty's dominions in which the person who committed such offence may be. License by Her Majesty, how granted. Jurisdiction in respect of offences by against Act. persons 17. Any offence against this Act may be described in any indict- Venue in ment or other document relating to such offence, in cases where the respect of mode of trial requires such a description, as having been committed offences by at the place where it was wholly or partly committed, or it may be persons. averred generally to have been committed within Her Majesty's 24 & 25 Vict. dominions, and the venue or local description in the margin may be that of the county, city, or place in which the trial is held. 66 c. 97. 18. The following authorities, that is to say, in the United Power to Kingdom any judge of a Superior Court, in any other place within remove the jurisdiction of any British court of justice, such Court, or, if offenders for there are more Courts than one, the Court having the highest criminal trial. jurisdiction in that place, may, by warrant or instrument in the nature of a warrant in this section included in the term warrant," direct that any offender charged with an offence against this Act shall be removed to some other place in Her Majesty's dominions for trial in cases where it appears to the authority granting the warrant that the removal of such offender would be conducive to the interests of justice, and any prisoner so removed shall be triable at the place to which he is removed, in the same manner as if his offence had been committed at such place. Any warrant for the purposes of this section may be addressed to the master of any ship or to any other person or persons, and the person or persons to whom such warrant is addressed shall have power to convey the prisoner therein named to any place or places |