International Law. A Treatise Volume Ii Part 111

"United Kingdom" includes the Isle of Man, the Channel Islands, and other adjacent islands:

[Sidenote: "British Possessions:"]

"British possession" means any territory, colony, or place being part of Her Majesty's dominions, and not part of the United Kingdom, as defined by this Act:

[Sidenote: "The Secretary of State:"]

"The Secretary of State" shall mean any one of Her Majesty's Princ.i.p.al Secretaries of State:

[Sidenote: "Governor:"]

"The Governor" shall as respects India mean the Governor General or the Governor of any presidency, and where a British possession consists of several const.i.tuent colonies, mean the Governor General of the whole possession or the Governor of any of the const.i.tuent colonies, and as respects any other British possession it shall mean the officer for the time being administering the government of such possession; also any person acting for or in the capacity of a governor shall be included under the term "Governor":

[Sidenote: "Court of Admiralty:"]

"Court of Admiralty" shall mean the High Court of Admiralty of England or Ireland, the Court of Session of Scotland, or any Vice-Admiralty Court within Her Majesty's dominions:

[Sidenote: "s.h.i.+p:"]

"s.h.i.+p" shall include any description of boat, vessel, floating battery, or floating craft; also any description of boat, vessel, or other craft or battery, made to move either on the surface of or under water, or sometimes on the surface of and sometimes under water:

[Sidenote: "Building:"]

"Building" in relation to a s.h.i.+p shall include the doing any act towards or incidental to the construction of a s.h.i.+p, and all words having relation to building shall be construed accordingly:

[Sidenote: "Equipping:"]

"Equipping" in relation to a s.h.i.+p shall include the furnis.h.i.+ng a s.h.i.+p with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a s.h.i.+p for the purpose of fitting or adapting her for the sea or for naval service, and all words relating to equipping shall be construed accordingly:

[Sidenote: "s.h.i.+p and Equipment:"]

"s.h.i.+p and equipment" shall include a s.h.i.+p and everything in or belonging to a s.h.i.+p:

[Sidenote: "Master:"]

"Master" shall include any person having the charge or command of a s.h.i.+p.

_Repeal of Acts, and Saving Clauses._

[Sidenote: Repeal of Foreign Enlistment Act. 59 G. 3, c. 69.]

31. From and after the commencement of this Act, an Act pa.s.sed in the fifty-ninth year of the reign of His late Majesty King George the Third, chapter sixty-nine, int.i.tuled "An Act to prevent the enlisting or engagement of His Majesty's subjects to serve in foreign service, and the fitting out or equipping, in His Majesty's dominions, vessels for warlike purposes, without His Majesty's license," shall be repealed: Provided that such repeal shall not affect any penalty, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed before this Act comes into operation, nor the inst.i.tution of any investigation or legal proceeding, or any other remedy for enforcing any such penalty, forfeiture, or punishment as aforesaid.

[Sidenote: Saving as to Commissioned Foreign s.h.i.+ps.]

32. Nothing in this Act contained shall subject to forfeiture any commissioned s.h.i.+p of any foreign state, or give to any British court over or in respect of any s.h.i.+p ent.i.tled to recognition as a commissioned s.h.i.+p of any foreign state any jurisdiction which it would not have had if this Act had not pa.s.sed.

[Sidenote: Penalties not to extend to Persons entering into Military Service in Asia. 59 G. 3, c. 69, s. 12.]

33. Nothing in this Act contained shall extend or be construed to extend to subject to any penalty any person who enters into the military service of any prince, state, or potentate in Asia, with such leave or license as is for the time being required by law in the case of subjects of Her Majesty entering into the military services of princes, states, or potentates of Asia.

APPENDIX X

THE NAVAL PRIZE ACT, 1864 27 & 28 VICT., CHAPTER 25 An Act for regulating Naval Prize of War.

[_23rd June 1864._]

Whereas it is expedient to enact permanently, with Amendments, such Provisions concerning Naval Prize, and Matters connected therewith, as have heretofore been usually pa.s.sed at the Beginning of a War:

Be it therefore 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 a.s.sembled, and by the authority of the same, as follows:

_Preliminary._

[Sidenote: Short t.i.tle.]

1. This Act may be cited as the Naval Prize Act, 1864.

2. In this Act--

[Sidenote: Interpretation of Terms.]

The Term "the Lords of the Admiralty" means the Lord High Admiral of the United Kingdom, or the Commissioners for executing the Office of Lord High Admiral:

The Term "the High Court of Admiralty" means the High Court of Admiralty of _England_:

The Term "any of Her Majesty's s.h.i.+ps of War" includes any of Her Majesty's Vessels of War, and any hired armed s.h.i.+p or Vessel in Her Majesty's Service:

The Term "Officers and Crew" includes Flag Officers, Commanders, and other Officers, Engineers, Seamen, Marines, Soldiers, and others on board any of Her Majesty's s.h.i.+ps of War:

The Term "s.h.i.+p" includes Vessel and Boat, with the Tackle, Furniture, and Apparel of the s.h.i.+p, Vessel, or Boat:

The Term "s.h.i.+p Papers" includes all Books, Pa.s.ses, Sea Briefs, Charter Parties, Bills of Lading, c.o.c.kets, Letters, and other Doc.u.ments and Writings delivered up or found on board a captured s.h.i.+p:

The Term "Goods" includes all such Things as are by the Course of Admiralty and Law of Nations the Subject of Adjudication as Prize (other than s.h.i.+ps).

I.--Prize Courts.

[Sidenote: High Court of Admiralty and other Courts to be Prize Courts for Purposes of Act.]

3. The High Court of Admiralty, and every Court of Admiralty or of Vice-Admiralty, or other Court exercising Admiralty Jurisdiction in Her Majesty's Dominions, for the Time being authorised to take cognizance of and judicially proceed in Matters of Prize, shall be a Prize Court within the Meaning of this Act.

Every such Court, other than the High Court of Admiralty, is comprised in the Term "Vice-Admiralty Prize Court," when hereafter used in this Act.

_High Court of Admiralty._