66 "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. "5. If any person, without the licence of her Majesty, being a Penalty on "British subject, quits or goes on board any ship with a view of leaving her quitting her Majesty's dominions, with intent to accept any com"mission or engagement in the military or naval service of any dominions Majesty's foreign state at war with a friendly state, or, whether a British with intent "subject or not, within her Majesty's dominions, induces any other to serve a person to quit or to go on board any ship with a view of quitting foreign "her Majesty's dominions with the like intent, 66 "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. state. Penalty on embarking under false representa tions as to service. "6. If any person induces any other person to quit her Majesty's "dominions or to embark on any ship within her Majesty's do"minions under a misrepresentation or false representation of the persons "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 com"mission 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 licence 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 licence "of her Majesty, accepted or agreed to accept any com"mission 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 "licence of her Majesty, is about to quit her Majesty's "dominions with intent to accept any commission or (6 engagement in the military or naval service of any foreign state at war with a friendly state: LL (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 Penalty on illegal ship building and illegal expeditions. "in order that such person may accept or agree to accept "Such master or owner shall be guilty of an offence against this Act, แ "(2.) Such ship shall be detained until the trial and conviction or acquittal of the master or owner, and until all 66 penalties inflicted on the master or owner have been 66 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 dis"" covery 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 "licence 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 be"lieve, 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 แ "(3.) Equips any ship with intent or knowledge, or having "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 followthat is to say, ' ing; "(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 licence "of her Majesty until the termination of such war as "aforesaid. Presumption as to legal ship. case of il "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 evidence in "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 licence 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, 66 "Such person shall be guilty of an offence against this Act, and Penalty on aiding the warlike equipment of foreign ships. "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 licence of her Majesty, "Prepares or fits out any naval or military expedition to proceed 66 แ "(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. "12. Any person who aids, abets, counsels, or procures the com"mission 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. 66 "Illegal Prize. "14. If, during the continuance of any war in which her Majesty "may be neutral, any ship, goods, or merchandise 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. แ case 66 Every such order shall be executed and carried into effect in "the same manner, and subject to the same right of appeal, as in 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 merchandise, and (if the same be "of perishable nature, or incurring risk of deterioration) for the 66 "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 licence 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. any Licence by her Majesty, how granted. Jurisdic tion in respect of offences by persons against Act. Venue in "16. Any offence against this Act shall, for all purposes of and "incidental to the trial and punishment of any person guilty of "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. "17. Any offence against this Act may be described in any indict "ment or other document relating to such offence, in cases where "the mode of trial requires such a description, as having been com"mitted at the place where it was wholly or partly committed or persons. "it may be averred generally to have been committed within her 24 & 25 'Majesty's dominions, and the venue or local description in the Vict. c. 97. margin may be that of the county, city, or place in which the trial "is held. 66 respect of offences by for trial. "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 "there are more courts than one, the court having the highest "criminal 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 named in such warrant, and to deliver him, when arrived "at such place or places, into the custody of any authority designated by such warrant. "Every prisoner shall, during the time of his removal under any "such warrant as aforesaid, be deemed to be in the legal custody of "the person or persons empowered to remove him. "19. All proceedings for the condemnation and forfeiture of a |