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ARTICLE 94.

PRESUMPTION AS TO INTENTION.

In determining whether the intention with which any words were spoken, any document was published, or any agreement was made, was or was not seditious, every person must be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

ARTICLE 95.

SPREADING FALSE NEWS.

2 Every one commits a misdemeanor who cites or publishes any false news or tales whereby discord or occasion of discord or slander may grow between the Queen and her people or the great men of the realm (3 or which may produce other mischiefs).

1 R. v. Burdett, 4 B. & A. 95; R. v. Harvey, 2 B. & C. 257.

2 3 Edw. 1, c. 34.

3 See Starkie on Slander, by Folkard, 670-2. The definition is very vague and the doctrine exceedingly doubtful.

CHAPTER IX.

OFFENCES AGAINST EXTERNAL PUBLIC TRANQUILLITY. OFFENCES AGAINST FOREIGN NATIONS.

ARTICLE 96.

VIOLATION OF AMBASSADORS' PRIVILEGES.

1EVERY one is guilty of a misdemeanor who, by force or personal restraint, violates any privilege conferred upon the diplomatic representatives of foreign countries by the law of nations, as collected by Her Majesty's Courts from the practice of different nations, and the authority of writers thereon.

ARTICLE 97.

ARREST OF AMBASSADOR.

2 Every one commits a misdemeanor who sets forth or prosecutes or executes any writ or process whereby is arrested or imprisoned the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by Her Majesty, or any domestic servant of any such ambassador or minister, registered as such in the office of a principal secretary of state, or in the office of the sheriff of London and Middlesex.

ARTICLE 98.

PUNISHMENT.

2 Every person who commits he offence defined in Article 97 is liable to such pains, penalties, and corporal punishment as the Lord Chancellor, the Lord Chief Justice of England, and the Lord Chief Justice of the Common Pleas, or any two of them, shall judge fit to be imposed and inflicted.

1 Triquet and Others v. Bath, 3 Burr. 1481. As to what constitutes authority on a question of international law, see R. v. Keyn, L. R. 2 Ex. D. 63.

27 Anne, c. 12, ss. 3, 4, 6.

ARTICLE 99.

LIBELS ON FOREIGN POWERS.

1Every one is guilty of a misdemeanor who publishes any libel tending to degrade, revile, or expose to hatred and contempt any foreign prince or potentate, ambassador or other foreign dignitary, with intent to disturb peace and friendship between the United Kingdom and the country to which any such person belongs.

The word "publish" is used here in the same sense as in Article 270, and the word "libel" in the second of the two senses specified in Article 267.

(SUBMITTED.) Nothing is an offence against this Article which is a fair criticism on a matter of public interest as defined in Article 274.

ARTICLE 100.

INTERFERENCE IN FOREIGN HOSTILITIES.

2Every person commits a misdemeanor, and is liable upon conviction thereof to fine and imprisonment with or without hard labour, or either of such punishments, at the discretion of the Court, who does any of the following acts 3 without the licence of Her Majesty under her sign manual, or signified by Order in Council, or by proclamation, that is to say

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(a.) Who, within the limits of Her Majesty's dominions, prepares or fits out any naval or military expedition to proceed against the dominions of any 5 friendly state, or is

1 R. v. D'Eon, 1 Blac. 510; R. v. Lord G. Gordon, 22 St. Tr. 213-233. (This was the case of a libel on Marie Antoinette seven years after the defendant's acquittal for high treason.) R. v. Vint (1801). Vint wrote of the Emperor Paul, "The Emperor of Russia is rendering himself obnoxious to his subjects by various acts of tyranny, and ridiculous in the eyes of Europe by his inconsistency." Starkie (by Folkard), 669. R. v. Peltier, 88 State Trials, 589; 6th Rep. C. L. Com. art. 50, p. 34. Draft Code, s. 104.

33 & 34 Vict. c. 90 (redrawn). As to the history of this offence, see 3 Hist. Cr. Law, 257-62.

3 Sect. 15.

• Sect. 11.

"Friendly state" means " any foreign state at peace with Her Majesty " (sect. 4).

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engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or

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(b.) Who, 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 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; or

(c.) 2 Who, 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; or

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(d.) 3 Who, being the master or owner of any ship, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any illegally enlisted person; as defined in Article 101; or

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(e.) Who, within Her Majesty's dominions, with intent or knowledge, or having reasonable cause to believe that the same will be employed in the military or naval service of any foreign state at war with any friendly state,

Builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any ship, or issues or delivers any commission for any ship,

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, is not liable to any of the penalties specified in this Article in respect of such building or equipping

(i.) If forthwith

upon a proclamation of neutrality being

133 & 34 Vict. c. 90, s. 4.

2 Sect. 5.

a Sect. 7.

Sect. 8 (redrawn).

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 relatiug to, or done, or to be done under the contract as may be required by the Secretary of State; and

(ii.) 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 removed without the licence of Her Majesty until the termination of such war as aforesaid.

ARTICLE 101.

SHIPS, ETC., REFERRED TO IN ARTICLE 100 TO BE FORFEITED.

1 All ships and their equipments used in or forming part of any such expedition as is mentioned in Article 100 (a.), or in respect of which is committed any of the offences defined in or Article 100 (e.), and all arms and munitions of war used in forming part of any such expedition as is mentioned in Article 100 (a.), are forfeited to Her Majesty.

The expression "illegally enlisted persons" in Article 100 (a.) means

(i.) Any person who, being a British subject, within or without the dominions of Her Majesty, has, without the licence 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;

(ii.) Any person, being a British subject, who, without the licence 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;

(iii.) 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

1 See section referred to in the Articles mentioned.

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