Foreign Enlistment. 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 Penalty on 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 aiding the warlike equipment of foreign ships. 11. If any person within the limits of Her Majesty's dominions, Penalty on and without the license of Her Majesty, fitting out naval or military expeditions with Prepares or fits out any naval or military expedition to proceed out license. 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 or 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 labor. (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. of accessories. 12. Any person who aids, abets, counsels or procures the com- Punishment 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 offence against this Act shall not exceed two years. Foreign Enlistment. Illegal prize brought into British ports restored. License by 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. 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 Her Majesty shall be under the sign manual of Her Majesty, or be signified by Order in Council or by proclamation of Her Majesty. --how granted. Jurisdiction offences by persons LEGAL PROCEDURE. 15. Any offence against this Act shall, for all purposes of and in respect of 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. against Act. Venue in respect of offences by 17. Any offence against this Act may be described in any indictment or other document relating to such offence, in cases persons. 24 & where the mode of trial requires such a description, as having 25 Vict., c. 97. been committed at the place where it was wholly or partly com mitted, Foreign Enlistment. mitted, or it may be averred generally to have been committed within Her Majesty's 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. for trial. 18. The following authorities, that is to say, in the United Power to reKingdom any judge of a superior court, in any other place within move offenders the jurisdiction of any British court of justice, such court, or, if 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. in in respect of forfeiture of against Act. 19. All proceedings for the condemnation and forfeiture of a Jurisdiction ship, or ship and equipment, or arms and munitions of war, pursuance of this Act, shall require the sanction of the Secretary ships for of State or such chief executive authority as is in this Act offences mentioned, and shall be had in the Court of Admiralty, and not in any other court; and the Court of Admiralty shall, in addition to any power given to the court by this Act, have in respect of any ship or other matter brought before it in pursuance of this Act, all powers which it has in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction. 20. Where any offence against this Act has been committed by Regulations as any person by reason whereof a ship, or ship and equipment, or against the to proceedings arms and munitions of war, has or have become liable to forfeiture, offender and proceedings may be instituted contemporaneously or not, as may ship against the be thought fit, against the offender in any court having jurisdiction of the offence, and against the ship, or ship and equipment, or arms and munitions of war, for the forfeiture in the Court of Admiralty; Officers authorized to seize offending ships. Powers of ized to seize ships. Foreign Enlistment. Admiralty; but it shall not be necessary to take proceedings against the offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture, because proceedings are taken against the offender. 21. The following officers, that is to say, (1.) Any officer of customs in the United Kingdom, subject never theless to any special or general instructions from the Com missioners of Customs, or any officer of the Board of Trade subject nevertheless to any special or general instructions from the Board of Trade ; (2.) Any officer of customs or public officer in any British possession, subject nevertheless to any special or general instructions from the governor of such possession; (3.) Any commissioned officer on full pay in the military service of the Crown, subject nevertheless to any special or general instructions from his commanding officer; (4.) Any commissioned officer on full pay in the naval service of the Crown, subject nevertheless to any special or general instructions from the Admiralty or his superior officer; may seize or detain any ship liable to be seized or detained in pursuance of this Act, and such officers are in this Act referred to as the "local authority," but nothing in this Act contained shall derogate from the power of the Court of Admiralty to direct any ship to be seized or detained by any officer by whom such court may have power under its ordinary jurisdiction to direct a ship to be seized or detained. 22. Any officer authorized to seize or detain any ship in respect officers author of any offence against this Act may, for the purpose of enforcing such seizure or detention, call to his aid any constable or officers of police, or any officers of Her Majesty's army or navy or marines, or any excise officers or officers of customs, or any harbor master or dock master, or any officers having authority by law to make seizures of ships; and may put on board any ship so seized or detained any one or more of such officers to take charge of the same, and to enforce the provisions of this Act; and any officer seizing or detaining any ship under this Act may use force, if necessary, for the purpose of enforcing seizure or detention; and if any person is killed or maimed by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, such officer so seizing or detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, Her heirs and successors, as against all persons so killed, maimed or hurt. Foreign Enlistment. authority to 23. If the Secretary of State or the chief executive authority Special power of Secretary of is satisfied that there is a reasonable and probable cause for State or chief believing that a ship within Her Majesty's Dominions has been or executive is being built, commissioned, or equipped contrary to this Act, and detain ship. is about to be taken beyond the limits of such dominions, or that a ship is about to be despatched contrary to this Act, such Secretary of State or chief executive authority shall have power to issue a warrant stating that there is reasonable and probable cause for believing as aforesaid, and upon such warrant the local authority shall have power to seize and search such ship, and to detain the same until it has been either condemned or released by process of law, or in manner hereinafter mentioned. The owner of the ship so detained, or his agent, may apply to the Court of Admiralty for its release, and the court shall as soon as possible put the matter of such seizure and detention in course of trial between the applicant and the Crown. If the applicant establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, the ship shall be released and restored. If the applicant fail to establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or equipped, or intended to be despatched contrary to this Act, then the ship shall be detained till released by order of the Secretary of State or chief executive authority. The court may in cases where no proceedings are pending for its condemnation release any ship detained under this section on the owner giving security to the satisfaction of the court that the ship shall not be employed contrary to this Act, notwithstanding that the applicant may have failed to establish to the satisfaction of the court that the ship was not and is not being built, commissioned, or intended to be despatched contrary to this Act. The Secretary of State or the chief executive authority may likewise release any ship detained under this section on the owner giving security to the satisfaction of such Secretary of State or chief executive authority that the ship shall not be employed contrary to this Act, or may release the ship without such security if the Secretary of State or chief executive authority think fit so to release the same. If the court be of opinion that there was not reasonable and probable cause for the detention, and if no such cause appear in the course of the proceedings, the court shall have power to declare that the owner is to be indemnified by the payment of costs and damages in respect to the detention, the amount thereof to be assessed by the court, and any amount so assessed shall be payable by the Commissioners of the Treasury out of any moneys legally |