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Extradition.

Now I do hereby, in pursuance of the said Act, order you, the said keeper, to deliver the body of the said into the custody , and I command you, the said into your custody, and to convey him within the jurisdiction of the said , and there place him in the custody

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of any person or persons appointed by the said
him, for which this shall be your warrant.

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Given under the hand and seal of the undersigned, one of Her Majesty's Principal Secretaries of State, this

day of

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An Act for giving effect to a convention between Her Majesty and the King of the French for the apprehension of certain 6 & 7, Vict. c. offenders.

76.

An Act for giving effect to a treaty between Her Majesty and the United States of America for the apprehension of certain 8 & 9, Vict, c. offenders.

120.

An Act for facilitating execution of the treaties with France and the United States of America for the apprehension of certain 25 & 26 Vict., offenders.

c. 70.

An Act for giving effect to a convention between Her Majesty 29 & 30 Vict., and the King of Denmark for the mutual surrender of criminals.

c. 121.

An Act for the amendment of the law relating to treaties of extradition.

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An Act to regulate the conduct of Her Majesty's subjects A.D. 1870 during the existence of hostilities between foreign states with which Her Majesty is at peace.

WHEREAS

[9th August, 1870.]

WHEREAS it is expedient to make provision for the regulation of the conduct of Her Majesty's subjects during the existence of hostilities between foreign states with which Her Majesty is at peace :

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 Short title of Enlistment Act, 1870."

Act.

2. This Act shall extend to all the deminions of Her Majesty, Application of including the adjacent territorial waters.

Act.

3. This Act shall come into operation in the United Kingdom Coinmenceimmediately on the passing thereof, and shall be proclaimed in ment of Act. 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.

enlistment in

4. If any person, without the license of Her Majesty, being a Penalty on British subject, within or without Her Majesty's dominions, accepts service of or agrees to accept any commission or engagement in the military foreign state. 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,

Penalty on leaving Her Majesty's dominions

Foreign Enlistment.

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 either with or without hard labour.

be

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 serve a foreign state. 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.

Penalty on 6. If any person induces any other person to quit Her Majesty's embarking persons under dominions or to embark on any ship within Her Majesty's false represen- dominions under a misrepresentation or false representation of the

tations as to

service.

Penalty on taking il

legally enlisted persons on board ship.

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:

Foreign Enlistment.

(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.

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

Penalty on

illegal ship building and illegal expeditions.

Presumption as to evidence in case of

illegal ship.

Foreign Enlistment.

(3.) Equips any ship with intent or knowledge, or ha ving 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 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

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