(3.) Equips any ship with intent or knowledge, or having employed in the military or naval service of any foreign (4.) Despatches, or causes or allows to be despatched, any ship Such person shall be deemed to have committed (1.) The offender shall be punishable by fine and (2.) The ship in respect of which any such offence Provided that a person building, causing to be built, (1.) If forthwith upon a Proclamation of Neutrality (2.) If he gives such security and takes and permits 9. Where any ship is built by order of or on behalf of any Presumption foreign state when at war with a friendly state, or is delivered to as to evidence 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 case of illegal ship. Penalty on aiding the warlike equipment of foreign ships. Penalty on fitting out naval or military expeditions without license. Punishment 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 a Protectorate and without the license of His 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 Protectorate was a ship 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 Order 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. 11. If any person within the limits of a Protectorate, and without the license of His 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 assisting therein, or employed in any capacity in such expedition, shall be guilty of an offence against this Order, 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 His Majesty. 12. Any person who aids, abets, counsels or procures the comof accessories, mission of any offence against this Order shall be liable to be tried and punished as a principal offender. Limitation of 13. The term of imprisonment to be awarded in respect of any offence against this Order shall not exceed two years. term of imprisonment. Illegal Prize. brought into ports restored. Protectorate 14. If, during the continuance of any war in which His Illegal prize Majesty may be neutral, any ship, goods or merchandise captured as prize of war within the territorial jurisdiction of His Majesty, in violation of the neutrality of His Majesty, 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 the Foreign Enlistment Act, 1870, or of this Order, or any other Order of the like nature, are brought within the limits of a Protectorate 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 authorised in that behalf by the Government of the foreign state to which such owner belongs, to make application to the Court 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 merchandise, 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 Provisions. His Majesty, 15. For the purposes of this Order a license by His Majesty License by shall be under the Sign Manual of His Majesty, or be signified how granted. by Order in Council or by Proclamation of His Majesty. Legal Procedure. 16. Any offence against this Order 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 Protectorate in which the person who committed such offence may be. 17. Any offence against this Order may be described in any indictment or other document relating to such offence, in cases where the mode of trial require 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 Jurisdiction in respect against Order. of offences by persons Venue in respect of offences by persons. Power to remove offenders for trial. Jurisdiction in respect of ships for offences forfeiture of His Majesty's Dominions or to have been committed within a British Protectorate, and the venue or local description in the margin may be that of the district, town or place in which the trial is held. 18. The Court having the highest criminal jurisdiction in any British Protectorate may by warrant or instrument in the nature of a warrant in this article included in the term "warrant" direct that any offender charged with an offence against this Order shall be removed to some other place either in His Majesty's Dominions or in some other British Protectorate 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 ship, or ship and equipment, or arms and munitions of war, in pursuance of this Order shall require the sanction of the Governor, and shall be had in the Court as defined by this Order, and not in against Order. any other Court; and the Court shall, in addition to any power given to the Court by this Order, have in respect of any ship or other matter brought before it in pursuance of this Order all powers which it has in the case of a ship or matter brought before it in the exercise of its ordinary jurisdiction. Regulations as to proceedings against the offender and against the ship. Officers authorised to seize offending ships. 20. Where any offence against this Order has been committed by any person by reason whereof a ship, or ship and equipment, or arms and munitions of war, has or have become liable to forfeiture, proceedings may be instituted contemporaneously or not, as may be thought fit, against the offender and against the ship, or ship and equipment, or arms and munitions of war, for the forfeiture; but it shall not be necessary to take proceedings against the offender because proceedings are instituted for the forfeiture, or to take procedings for the forfeiture because proceedings are taken against the offender. 21. The following officers, that is to say :— (1.) Any officer of customs or other public officer drawing a salary of not less than £200 a year in the Protectorate, subject nevertheless to any special or general instructions (2.) Any commissioned officer on full pay in the military service (3.) 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 Order, and such officers are in this Order referred to as the "local authority"; but nothing in this Order contained shall derogate from the power of the Court 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 or any detained. officers authorised to seize ships. 22. Any officer authorised to seize or detain any ship in respect Powers of of any offence against this Order may, for the purpose of enforcing such seizure or detention, call to his aid any constable or officers of police, or any officers of His Majesty's Army or Navy or Marines, excise officers or officers of customs, or any harbour 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 Order, and any officer seizing or detaining any ship under this Order 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 King's Majesty, His Heirs and Successors, as against all persons so killed, maimed or hurt. 23. If the Governor is satisfied that there is a reasonable and probable cause for believing that a ship within the Protectorate has been or is being built, commissioned, or equipped contrary to this Order, and is about to be taken beyond the limits of such Protectorate, or that a ship is about to be despatched contrary to this Order, such Governor 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 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 as represented by the Governor. Special power of detain ship. Governor to |