16 & 17 VICT. c. 84. An Act to amend the Passengers Act, 1852, so far as it relates to the Passages of Natives of Asia and Africa, and also Passages between the Island of Ceylon and certain Parts of the East Indies. [20th August, 1853.] 16 & 17 VICT. c. 131. An Act to amend various Laws relating to Merchant Shipping. [20th August, 1853.] [This Act provided for the creation of the Mercantile Marine Fund.] 18 & 19 VICT. c. 104. An Act for the Regulation of Chinese Passenger Ships. [14th August, 1855.] 22 & 23 VICT. c. 40. An Act for the Establishment of a Reserve Volunteer Force of Seamen, and for the Government of the same. [13th August, 1859.] 24 & 25 VICT. c. 52. An Act to empower the Governors of the Australasian Colonies to regulate the Number of Passengers to be carried in Vessels plying between Ports in those Colonies. [1st August, 1861.] 24 & 25 VICT. C. CCXXXVI. An Act for establishing a separate System of Pilotage for the several Ports of Cardiff, Newport, and Gloucester, in the Bristol Channel. [6th August, 1861.] 26 & 27 VICT. c. 69. An Act to establish Officers of the Royal Naval Reserve. [21st July, 1863.] 27 & 28 VICT. c. 58. An Act for confirming a Provisional Order concerning Pilotage made by the Board of Trade under the Merchant Shipping Act Amendment Act, 1862, relating to Hartlepool. [25th July, 1864.] 27 & 28 VICT. c. 113. An Act to amend the Laws relating to the Conservancy of the River [29th July, 1864.] [This act provides, inter alia, for the transfer of the lighthouses in the Thames to the Trinity House of Deptford Strond.] 28 VICT. c. 44. An Act for confirming a Provisional Order made by the Board of Trade under the Merchant Shipping Act Amendment Act, 1862, relating to the Pilotage of the River Tyne. [19th June, 1865.] 28 & 29 VICT. c. 59. An Act for confirming with Amendments a Provisional Order made 30 & 31 VICT. c. 78. An Act to amend the Tyne Pilotage Order Confirmation Act, 1865. Short title of act. Application of act. Commencement of act. 33 & 34 VICT. c. 90. An Act to regulate the conduct of Her Majesty's Subjects during the WHEREAS it is expedient to make provision for the regulation of the Be it enacted, &c. Preliminary. 1. This act may be cited for all purposes as "The Foreign Enlistment Act, 1870." 2. This act shall extend to all the dominions of Her Majesty, including the adjacent territorial waters. 3. This act shall come into operation in the United Kingdom immediately on the passing thereof, and shall be proclaimed in every 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. 4. If any person, without the license of Her Majesty, being a British Penalty on subject, within or without Her Majesty's dominions, accepts or agrees to enlistment in accept any commission or engagement in the military or naval service of service of foreign state. 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. dominions 5. If any person, without the license of Her Majesty, being a British Penalty on subject, quits or goes on board any ship with a view of quitting Her leaving Her Majesty's dominions, with intent to accept any commission or engagement Majesty's in the military or naval service of any foreign state at war with a friendly with intent to state, or, whether a British subject or not, within Her Majesty's dominions serve a foreign induces any other person to quit or to go on board any ship with a view state. 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. 6. If any person induces any other person to quit Her Majesty's Penalty on dominions or to embark on any ship within Her Majesty's dominions embarking under a misrepresentation or false representation of the service in which persons under false represuch person is to be engaged, with the intent or in order that such person sentations as may accept or agree to accept any commission or engagement in the to service. 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 misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such Penalty on taking illegally enlisted per sons on board ship. Penalty on illegal shipbuilding and illegal expeditions. 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 (2.) Such ship shall be detained until the trial and conviction or Illegal Shipbuilding and Illegal Expeditions. 8. 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 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.) 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 by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes 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 ensuring that such ship shall not be despatched, delivered, or illegal ship. 9. Where any ship is built by order of or on behalf of any foreign state Presumption when at war with a friendly state, or is delivered to or to the order of as to evidence such foreign state, or any person who to the knowledge of the person in case of 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 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. Penalty on aiding the warlike equip ment of foreign ships. Penalty on fitting out naval or military expeditions with out license. 12. Any person who aids, abets, counsels, or procures the commission Punishment of of any offence against this act shall be liable to be tried and punished as accessories. a principal offender. 13. The term of imprisonment to be awarded in respect of any offence Limitation of against this act shall not exceed two years. Illegal Prize. term of imprisonment. 14. If during the continuance of any war in which Her Majesty may Illegal prize be neutral, any ship, goods, or merchandize captured as prize of war brought into within the territorial jurisdiction of Her Majesty, in violation of the British ports neutrality of this realm, or captured by any ship which may have been built, equipped, commissioned, or despatched, or the force of which may restored. |