of any Province or People, or of any person or persons exercising or assuming to exercise the powers of government in or over any foreign Country, Colony, Province, or part of any Province or People; or if any natural-born subject of His Majesty should, without such leave and license as aforesaid, engage, contract, or agree to go, or should go to any Foreign State, Country, Colony, Province, or part of any Province, or to any place beyond the seas, with an intent or in order to enlist or enter himself to serve, or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of or for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or in the service of or for or under or in aid of any person or persons exercising or assuming to exercise the powers of government in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an officer or a soldier, or in any other military capacity, or as an officer or sailor, or marine, in any such ship or vessel as aforesaid, although no enlisting money, or pay, or reward should have been or should be, in any or either of the cases aforesaid, actually paid to or received by him, or by any person to or for his use or benefit; or if any person whatever, within the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's Dominions elsewhere, or in any Country, Colony, Settlement, Island, or place belonging to or subject to His Majesty, should hire, retain, engage, or procure, or should attempt or endeavour to hire, retain, engage, or procure, any person or persons whatever to enlist, or to enter or engage to enlist, or to serve or to be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea service, for or under or in aid of any Foreign Prince, State, Potentate, Colony, Province, or part of any Province, or People, or for or under or in aid of any person or persons exercising or assuming to exercise any powers of Government as aforesaid, or to go, or to agree to go, or embark from any part of his Majesty's Dominions, for the purpose, or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward should have been, or should be actually given or received, or not; in any or either of such cases, every person so offending should be deemed guilty of a misdemeanour, and upon being convicted thereof, upon any information or indictment, should be punishable by fine and imprisonment, as in the said Act is mentioned:

And that if any person within any part of the United Kingdom, or in any part of His Majesty's dominions beyond the seas, should, without the leave and license of His Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or should knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent or in order that such ship or vessel should be employed in the service of any Foreign Prince, State, or Potentate, or of any foreign Colony, Province, or part of any Province or People, or of any person or persons exercising or assuming to exercise any powers of government in or over any Foreign State, Colony, Province, or part of any Province or People, as a transport or store-ship, or with intent to cruize or commit hostilities against any Prince, State, or Potentate, or against the subjects or citizens of any Prince, State, or Potentate, or against the persons exercising or assuming to exercise the powers of government in any Colony, Province, or part of any Province or Country, or against the inhabitants of any Foreign Colony, Province, or part of any Province or Country, with whom His Majesty should not then be at war; or should, within the United Kingdom, or any of His Majesty's dominions, or in any Settlement, Colony, Territory, Island, or place belonging or subject to His Majesty, issue or deliver any Commission for any ship or vessel, to the intent that such ship or vessel should be employed as aforesaid, every such person so offending should be deemed guilty of a misdemeanor, and should, upon conviction thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court in which such offender should be convicted; and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of any such ship or vessel, should be forfeited; and it should be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of Customs or Excise, or the laws of trade and navigation, to

seize

seize such ships and vessels aforesaid, and in such places and in such manner in which the Officers of His Majesty's Customs or Excise and the Officers of His Majesty's Navy are empowered respectively to make seizures under the laws of Customs and Excise, or under the laws of trade and navigation; and that every such ship and vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such ship or vessel, may be prosecuted and condemned in the like manner and in such Courts as ships or vessels may be prosecuted and condemned for any breach of the laws made for the protection of the revenues of Customs and Excise, or of the laws of trade and navigation :

Her Majesty, by and with the advice of Her Privy Council, being desirous of enabling Her subjects to engage in and enter the Naval and Military Service of the Emperor of China, is pleased to Order, and it is hereby Ordered, that from and after the first day of September next, it shall be lawful for Horatio Nelson Lay, one of Her Majesty's subjects, and Sherard Osborn, a Captain in Her Majesty's Navy, to enter into the Military and Naval Service of the said Emperor, and to accept any Commission, Warrant, or other Appointment under the said Emperor, and to accept any money, pay, or reward for their services, and to fit out, equip, purchase, and acquire ships or vessels of war for the use of the said Emperor, and to engage and enlist British subjects to enter the Military and Naval Service of the said Emperor. And it is hereby further Ordered, that it shall be lawful for every British subject to enlist and enter himself by engaging and enlisting himself with the said Horatio Nelson Lay and Sherard Osborn, and no other person or persons whatsoever, in the Military and Naval Service of the said Emperor, and to serve the said Emperor in any Military, Warlike, or other operations, either by land or by sea, and for that purpose to go to any place or places beyond the seas, and to accept any Commission, Warrant, or other Appointment from or under the said Emperor, and to accept any money, pay, or reward for his service: Provided always, that the license and permission hereby given shall be in force only for the term of two years from the said first day of September next, unless, by Order in Council made in manner aforesaid, such period should be further extended.

66

(L. S.)

At the Court at Osborne House, Isle of Wight, the 9th day of January 1863,

Present:-The Queen's Most Excellent Majesty in Council.

WHEREAS by an Order in Council, dated at Windsor, the thirtieth day of August, one thousand eight hundred and sixty-two (reciting certain provisions of an Act, passed in the fifty-ninth year of the reign of His late Majesty King George the Third, intituled "An Act to prevent the enlisting or engagement of Her Majesty's Subjects to serve in Foreign Service, and the fitting out or equipping "in Her Majesty's Dominions Vessels for warlike purposes, without Her Majesty's "License"); Her Majesty, by and with the advice of Her Privy Council, being desirous of enabling Her subjects to engage in and enter the Naval and Military Service of the Emperor of China, was pleased to order, and it was thereby ordered, that from and after the first day of September then next, it should be lawful for Horatio Nelson Lay, one of Her Majesty's subjects, and Sherard Osborn, a Captain in Her Majesty's Navy, to enter into the Military and Naval Service of the said Emperor, and to accept any Commission, Warrant, or other Appointment under the said Emperor, and to accept any money, pay, or reward for their services, and to fit out, equip, purchase, and acquire ships or vessels of war for the use of the said Emperor, and to engage and enlist British subjects to enter the Military and Naval Service of the said Emperor: And it was thereby further ordered, that it should be lawful for every British subject to enlist and enter himself, by engaging and enlisting himself with the said Horatio Nelson Lay and Sherard Osborn, and no other person or persons whatsoever, in the Military and Naval Service of the said Emperor, and to serve the said Emperor in any military, warlike, or other operations, either by land, or by sea, and, for that purpose, to go to any place or places beyond the seas, and to accept any Commission, Warrant, or other Appointment from or under the said Emperor, and to accept any money,

pay, or reward for his service: Provided always, that the license and permission thereby given should be in force only for the term of two years from the said first day of September then next, unless by Order in Council, made in manner aforesaid, such period should be further extended:

And whereas Her Majesty, by and with the advice of Her Privy Council, is desirous of extending and enlarging the permission and license contained in the said Order in Council.

Her Majesty is therefore pleased to Order, and it is hereby Ordered, that, from and after the sixteenth day of December, one thousand eight hundred and sixtytwo, it shall be lawful for all military officers in Her Majesty's Service to enter into the Military Service of the said Emperor, and to accept any Commission, Warrant, or other Appointment under the said Emperor, and to accept any money, pay, or reward for their services.

And it is hereby ordered, that it shall be lawful for all officers in Her Majesty's Military Service to serve the said Emperor in any military, warlike, or other operations, and for that purpose to go to any place or places beyond the seas, and to accept any Commission, Warrant, or other Appointment from or under the said Emperor, and to accept any money, pay, or reward for their services: Provided always, that the license and permission hereby given shall be in force only until the first day of September, one thousand eight hundred and sixty-four, unless by Order in Council, made in manner aforesaid, such period should be further extended.