66 66 66 "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: 66 Build "Building' in relation to a ship shall include the doing any act "towards or incidental to the construction of a ship, and all ing:" "words having relation to building shall be construed accord"ingly: "Equipping' in relation to a ship shall include the furnishing "Equip"a ship with any tackle, apparel, furniture, provisions, arms, ping: "munitions, or stores, or any other thing which is used in or "about a ship 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: 66 6 Ship and equipment' shall include a ship and everything in or "belonging to a ship: "Master' shall include any person having the charge or command "of a ship. "Repeal of Acts, and Saving Clauses. "31. From and after the commencement of this Act, an Act passed in the fifty-ninth year of the reign of his late Majesty King George the Third, chapter sixty-nine, intituled '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out or equipping, in his Majesty's dominions, vessels for warlike purposes, without his Majesty's licence,' shall he repealed: provided that such repeal "shall not affect any penalty, forfeiture, or other punishment in"curred or to be incurred in respect of any offence committed before "this Act comes into operation, nor the institution of any investiga"tion or legal proceeding, or any other remedy for enforcing any "such penalty, forfeiture, or punishment as aforesaid. "Ship and ment:" Repeal of Foreign Enlist ment Act, 59 G. 3, c. 69. Saving as "32. Nothing in this Act contained shall subject to forfeiture any to commis"commissioned ship of any foreign state, or give to any British court sioned over or in respect of any ship entitled to recognition as a com- foreign "missioned ship of any foreign state any jurisdiction which it would ships. "not have had if this Act had not passed. "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 licence as is for the time being required by law in "the case of subjects of her Majesty entering into the military "service of princes, states, or potentates in Asia." Penalties not to ex tend to persons entering into military service in Asia. 59 G. 3, c. 69, s. 12. APPENDIX VII. PAGE 459. (Extract from Ortolan, Diplomatie de la Mer, t. ii. p. 441.) "Avis du Conseil d'Etat sur la Compétence en matière de Délits "commis à bord des Vaisseaux neutres, dans les Ports et Rades "de France. [20 novembre 1806.] 66 66 66 66 "LE Conseil d'Etat qui, d'après le renvoi à lui fait par sa Ma"jesté, a entendu le rapport de la section de législation sur celui "du grand-juge ministre de la justice, tendant à régler les limites "de la juridiction que les Consuls des Etats-Unis d'Amérique, แ aux ports de Marseille et d'Anvers, réclament, par rapport aux "délits commis à bord des vaisseaux de leur nation, étant dans les ports et rades de France;-Considérant qu'un vaisseau neutre 66 ne peut être indéfiniment considéré comme lieu neutre, et que la "protection qui lui est accordée dans les ports français ne saurait "dessaisir à la juridiction territoriale, pour tout ce qui touche aux "intérêts de l'Etat;-Qu'ainsi, le vaisseau neutre admis dans un port de l'Etat, est de plein droit soumis aux lois de police qui régissent le lieu où il est reçu;-Que les gens de son équipage sont également justiciables des tribunaux du pays pour les délits qu'ils y commettraient, même à bord, envers des personnes étrangères à l'équipage, ainsi que pour les Conventions civiles qu'ils "pourraient faire avec elles;-Mais, que si jusque-là, la juridic❝tion territoriale est hors de doute, il n'en est pas ainsi à l'égard "des délits qui se commettent à bord du vaisseau neutre, de la part "d'un homme de l'équipage ;-Qu'en ce cas, les droits de la Puissance neutre doivent être respectés, comme s'agissant de la discipline intérieure du vaisseau, dans laquelle l'autorité locale ne doit pas s'ingérer, toutes les fois que son secours n'est pas réclamé, "ou que la tranquillité du port n'est pas compromise;-Est d'avis "que cette distinction, indiquée par le rapport du grand-juge et "conforme à l'usage, est la seule règle qu'il convienne de suivre en cette matière ;-Et appliquant cette doctrine aux deux espèces particulières pour lesquelles ont réclamé les Consuls des Etats"Unis;-Considérant que dans l'une de ces affaires, il s'agit d'une "rixe passée dans le canot du navire américain La Newton, entre "deux matelots du même navire, et dans l'autre d'une blessure grave faite par le captaine en second du navire La Sally, à l'un "de ses matelots, pour avoir disposé du canot sans son ordre; 66 "Est d'avis qu'il y a lieu d'accueillir la réclamation, et d'interdire "aux tribunaux français la connaissance des deux affaires pré"citées." แ "15 Vict. c. 26.-An Act to enable her Majesty to carry into effect Arrangements made with Foreign Powers for the Apprehension "of Seamen who desert from their Ships. [17th June, 1852.] "Whereas arrangements have been made with certain foreign "Powers for the recovery of seamen deserting from the ships of "such Powers when in British ports, and for the recovery of seamen deserting from British ships when in the ports of such "Powers; and whereas it is expedient to enable her Hajesty to "carry such arrangements into effect, and likewise to enable her "Majesty to carry into effect any similar arrangements of a like "nature which may be made made hereafter: Be it 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 assembled, and by the authority of the same, as follows: "1. Whenever it is made to appear to her Majesty that due Her Ma"facilities are or will be given for recovering and apprehending jesty may by Order seamen who desert from British merchant ships in the terri- in Council "tories of any foreign Power, her Majesty may, by Order in declare "Council stating that such facilities are or will be given, declare that de"that seamen, not being slaves, who desert from merchant ships serters "belonging to a subject of such Power, when within her Majesty's foreign "dominions or the territories of the East India Company, shall be ships may "liable to be apprehended and carried on board their respective be appreships, and may limit the operation of such Order, and may render hended and "the operation thereof subject to such conditions and qualifications, given up. "if any, as may be deemed expedient. 66 from Order in deserters the "2. Upon such publication as hereinafter mentioned of any such Upon pub"Order in Council, then, during such time as the same remains in lication of "force, and subject to such limitations and qualifications, if any, as Council may be therein contained, every justice of the peace or other justices "officer having jurisdiction in the case of seamen who desert from shall aid in "British merchant ships in her Majesty's dominions or in the recovering "territories of the East India Company shall, on application being "made by a Consul of the foreign Power to which such Order in ships of "Council relates, or his deputy or representative, aid in appre- foreign "hending any seaman or apprentice who deserts from any mer"chant ship belonging to a subject of such Power, and may for "that purpose, upon complaint on oath duly made, issue his war"rant for the apprehension of any such deserter, and, upon due "proof of the desertion, order him to be conveyed on board the "vessel to which he belongs, or to be delivered to the master or "mate of such vessel, or to the owner of such vessel or his agent, to "be so conveyed; and thereupon it shall be lawful for the person "ordered to convey such deserter, or for the master or mate of Powers, and may apprehend them, and send them on board. Penalty on persons harbouring such deserters. Orders to be pub lished in the London Gazette. Orders may be revoked or altered. Short title. "such vessel, or the owner or his agent (as the case may require), to convey him on board accordingly. 66 "3. If any person protects or harbours any deserter who is "liable to be apprehended under this Act, knowing or having reason to believe that he has deserted, such person shall for every "offence be liable to a penalty not exceeding ten pounds, and every such penalty shall be recovered, paid, and applied in the same manner as penalties for harbouring or protecting deserters "from British merchant ships. 66 "4. Every Order in Council to be made under the authority of "this Act shall be published in the London Gazette as soon as may "be after the making thereof. "5. Her Majesty may by Order in Council from time to time "revoke or alter any Order in Council previously made under the 66 authority of this Act. "6. This Act may be cited as the 'Foreign Deserters Act, 1852.'” Short title. APPENDIX VIII. PAGE 527. "33 & 34 Vict. c. 52.-An Act for amending the Law relating to "the Extradition of Criminals. [August 9, 1870.] "Whereas it is expedient to amend the law relating to the sur"render to foreign states of persons accused or convicted of the "commission of certain crimes within the jurisdiction of such "states, and to the trial of criminals surrendered by foreign states "to this country: "Be it 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 assembled, and by the "authority of the same, as follows: "Preliminary. "1. This Act may be cited as 'The Extradition Act, 1870.' "2. Where an arrangement has been made with any foreign state rangement "with respect to the surrender to such State of any fugitive "criminals, her Majesty may, by Order in Council, direct that this "Act shall apply in the case of such foreign state. for sur render of criminals made, Order in Council to "Her Majesty may, by the same or any subsequent Order, limit "the operation of the Order, and restrict the same to fugitive "criminals who are in or suspected of being in the part of her apply Act. "Majesty's dominions specified in the Order, and render the opera"tion thereof subject to such conditions, exceptions, and qualifica"tions as may be deemed expedient. "Every such Order shall recite or embody the terms of the 'arrangement, and shall not remain in force for any longer period "than the arrangement. "Every such Order shall be laid before both Houses of Parliament "within six weeks after it is made, or, if Parliament be not then "sitting, within six weeks after the then next meeting of Parlia66 ment, and shall also be published in the London Gazette. tions on "3. The following restrictions shall be observed with respect to Restric "the surrender of fugitive criminals : "(1.) A fugitive criminal shall not be surrendered if the offence surrender “in respect of which his surrender is demanded is one of 66 a political character, or if he prove to the satisfaction of "the police magistrate or the court before whom he is "brought on Habeas corpus, or to the Secretary of State, "that the requisition for his surrender has in fact been "made with a view to try or punish him for an offence "of a political character: "(2.) A fugitive criminal shall not be surrendered to a foreign "state unless provision is made by the law of that State, 66 or by arrangement, that the fugitive criminal shall not, "until he has been restored or had an opportunity of "returning to her Majesty's dominions, be detained or "tried in that foreign state for any offence committed "prior to his surrender other than the extradition crime proved by the facts on which the surrender is grounded: "(3.) A fugitive criminal who has been accused of some offence "within English jurisdiction, not being the offence for "which his surrender is asked, or is undergoing sentence "under any conviction in the United Kingdom, shall not "be surrendered until after he has been discharged, "whether by acquittal or on expiration of his sentence 66 or otherwise : "(4.) A fugitive criminal shall not be surrendered until the expi"ration of fifteen days from the date of his being com"mitted to prison to await his surrender. "4. An Order in Council for applying this Act in the case of any "foreign state shall not be made unless the arrangement"(1.) provides for the determination of it by either party to it "after the expiration of a notice not exceeding one year; “and, "(2.) is in conformity with the provisions of this Act, and in particular with the restrictions on the surrender of 66 fugitive criminals contained in this Act. "5. When an Order applying this Act in the case of any foreign "State has been published in the London Gazette, this Act (after "the date specified in the Order, or, if no date is specified, after the "date of the publication) shall, so long as the Order remains in force, but subject to the limitations, restrictions, conditions, ex"ceptions, and qualifications, if any, contained in the Order, apply of crimi nals. Provisions of arrange ment for surrender. Publica tion and effect of Order. |