International Law. A Treatise Volume Ii Part 109

(2) Such s.h.i.+p 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 sh.o.r.e, and shall not be allowed to return to the s.h.i.+p.

_Illegal s.h.i.+pbuilding and Illegal Expeditions._

[Sidenote: Penalty on illegal s.h.i.+pbuilding 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p, 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 s.h.i.+p shall not be despatched, delivered, or removed without the license of Her Majesty until the termination of such war as aforesaid.

[Sidenote: Presumption as to Evidence in case of Illegal s.h.i.+p.]

9. Where any s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p of proving that he did not know that the s.h.i.+p was intended to be so employed in the military or naval service of such foreign state.

[Sidenote: Penalty on aiding the Warlike Equipment of Foreign s.h.i.+ps.]

10. If any person within the dominions of Her Majesty, and without the license of Her Majesty,--

By adding to the number of 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 s.h.i.+p which at the time of her being within the dominions of Her Majesty was a s.h.i.+p 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.

[Sidenote: Penalty on fitting out Naval or Military Expeditions without License.]

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 a.s.sisting 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 s.h.i.+ps, and their equipments, and all arms and munitions of war, used in or forming part of such expedition, shall be forfeited to Her Majesty.

[Sidenote: Punishment of Accessories.]

12. Any person who aids, abets, counsels, or procures the commission of any offence against this Act shall be liable to be tried and punished as a princ.i.p.al offender.

[Sidenote: Limitation of Term of Imprisonment.]

13. The term of imprisonment to be awarded in respect of any offence against this Act shall not exceed two years.

_Illegal Prize._

[Sidenote: Illegal Prize brought into British Ports restored.]

14. If during the continuance of any war in which Her Majesty may be neutral, any s.h.i.+p, goods, or merchandize captured as prize of war within the territorial jurisdiction of Her Majesty, in violation of the neutrality of this realm, or captured by any s.h.i.+p 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 the 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 authorised 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 the 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 s.h.i.+p, 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._

[Sidenote: License by Her Majesty, how granted.]

15. For the purpose of this Act, a license 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._

[Sidenote: Jurisdiction in respect of Offences by Persons against Act.]

16. Any offence against this Act shall, for all purposes of and 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.

[Sidenote: Venue in respect of Offences by Persons. 24 & 25 Vict. c.

97.]

17. Any offence against this Act may be described in any indictment or other doc.u.ment relating to such offence, in cases where the mode of trial requires such a description, as having been committed at the place where it was wholly or partly committed, 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.

[Sidenote: Power to remove Offenders for Trial.]

18. The following authorities, that is to say, in the United Kingdom any judge of a superior court, in any other place within 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 s.h.i.+p 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.

[Sidenote: Jurisdiction in respect of Forfeiture of s.h.i.+ps for Offences against Act.]

19. All proceedings for the condemnation and forfeiture of a s.h.i.+p, or s.h.i.+p and equipment, or arms and munitions of war, in pursuance of this Act shall require the sanction of the Secretary of State or such chief executive authority as is in this Act 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 s.h.i.+p or other matter brought before it in pursuance of this Act all powers which it has in the case of a s.h.i.+p or matter brought before it in the exercise of its ordinary jurisdiction.