Augmenting in the United States the force of foreignarmed vessels. Setting on the United 66 "Sec. 5.-That if any person shall, within the territory or juris"diction of the United States, increase or augment, or procure to "be increased or augmented, or shall knowingly be concerned in "increasing or augmenting the force of any ship of war, cruizer, or "other armed vessel, which, at the time of her arrival within the "United States, was a ship of war, or cruizer, or armed vessel, in "the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any "such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, by adding to "the number of the guns of such vessel, or by changing those on "board of her for guns of a larger calibre, or by the addition "thereto of any equipment solely applicable to war, every person "so offending shall be deemed guilty of a high misdemeanor, shall "be fined not more than one thousand dollars, and be imprisoned "not more than one year. 66 66 66 "Sec. 6. That if any person shall, within the territory or jurisfoot within "diction of the United States, begin or set on foot, or provide or prepare the means for, any military expedition or enterprise, to "be carried on from thence against the territory or dominions of "any foreign prince or state, or of any colony, district, or people "with whom the United States are (at) peace, every person so "offending shall be deemed guilty of a high misdemeanor, and "shall be fined not exceeding three thousand dollars, and im"prisoned not more than three years (d). States any military expedition against a friendly power. District Courts to have cognizance of. The president may forces or for suppressing such expe ditions. "Sec. 7.-That the District Courts shall take cognizance of com"plaints, by whomsoever instituted, in cases of captures made "within the waters of the United States or within a marine league "of the coasts or shores thereof. "Sec. 8.-That in every case in which a vessel shall be fitted out "and arined, or attempted to be fitted out and armed, or in which employ the "the force of any vessel of war, cruizer, or other armed vessel shall the militia "be increased or augmented, or in which any military expedition or "enterprise shall be begun or set on foot, contrary to the provisions "and prohibitions of this Act; and in every case of the capture of a "ship or vessel within the jurisdiction or protection of the United "States as before defined, and in every case in which any process "issuing out of any Court of the United States shall be disobeyed "or resisted by any person or persons having the custody of any "vessel of war, cruizer, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or "citizens of any foreign prince or state, or of any colony, district, "or people, in every such case it shall be lawful for the President of "the United States or such other person as he shall have empowered "for that purpose, to employ such part of the land or naval forces (d) Fenian invaders of Canada have been tried and punished under this section by United States Court, 1870. "of the United States, or of the militia thereof, for the purpose of "taking possession of and detaining any such ship or vessel, with "her prize or prizes, if any, in order to the execution of the pro"hibitions and penalties of this Act, and to the restoring the prize or prizes in the cases in which restoration shall have been "adjudged, and also for the purpose of preventing the carrying on "of any such expedition or enterprise from the territories or juris"diction of the United States against the territories or dominions "of any foreign prince or state, or of any colony, district, or people "with whom the United States are at peace. "Sec. 9.-That it shall be lawful for the President of the United May em แ or ploy the the militia to compel the departure of forces or vessels. &c. of armed States, or such person as he shall empower for that purpose, to "employ such part of the land or naval forces of the United States, of the militia thereof, as shall be necessary to compel any foreign ship or vessel to depart the United States in all cases in "which by the laws of nations or the treaties of the United States "they ought not to remain within the United States. "Sec. 10.-That the owners or consignees of every armed ship or Owners, "vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall enter into bond to the United vessels States, with sufficient sureties, prior to clearing out the same, in "double the amount of the value of the vessel and cargo on board, "including her armament, that the said ship or vessel shall not be employed by such owners to cruize or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace. 66 66 "Sec. 11.-That the collectors of the customs be, and they are "hereby respectively authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart the "United States, of which the cargo shall principally consist of arms "and munitions of war, when the number of men shipped on board "or other circumstances shall render it probable that such vessel is "intended to be employed by the owner or owners to cruize or "commit hostilities upon the subjects, citizens, or property of any "foreign prince or state, or of any colony, district, or people with "whom the United States are at peace, until the decision of the "President be had thereon, or until the owner or owners shall give "such bond and security as is required of the owners of armed "ships by the preceding section of this Act. 66 "Sec. 12.-That the Act passed on the 5th day of June, 1794, "entitled 'An Act in addition to the Act for the Punishment of certain Crimes against the United States,' continued in force, for "a limited time, by the Act of the 2nd of March, 1797, and per"petuated by the Act passed on the 24th of April, 1800, and the "Act passed on the 14th day of June, 1797, entitled 'An Act to prevent Citizens of the United States from privateering against "Nations in amity with, or against the Citizens of, the United sailing to give bond not to commit hostili ties, &c. Collectors to detain vessels built for warlike purposes and about to depart, when probably they are in tended against a friendly Power. 5 June 1794, c. 50; 14 June 1797, c. 1; 24 April 1800, c. 35, and 3 March, 1817, c. 58, repealed. Not to prevent the punishment of treason, &c. Short title of Act. Application of Act. Com mencement of Act. Penalty on enlistment in service of foreign State. "States,' and the Act passed the 3rd day of March, 1817, entitled "An Act more, effectually to preserve the neutral Relations of the "United States,' be and the same are hereby severally repealed: "provided, nevertheless, that persons having heretofore offended "against any of the Acts aforesaid may be prosecuted, convicted, "and punished as if the same were not repealed; and no forfeiture "heretofore incurred by a violation of any of the Acts aforesaid "shall be affected by such repeal. "Sec. 13.-That nothing in the foregoing Act shall be construed "to prevent the prosecution or punishment of treason, or any piracy "defined by the laws of the United States." "33 & 34 Vict. c. 90.-An Act to regulate the conduct of Пler Majesty's subjects during the existence of hostilities between "Foreign States with which Her Majesty is at peace. [9th August,. "1870.] "Whereas it is expedient to make provision for the regulation of the "conduct of her Majesty's subjects during the existence of hostili"ties between foreign states with which her Majesty is at peace: "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 for all purposes as 'The Foreign En"listment Act, 1870.' "2. This Act shall extend to all the dominions of her Majesty, "including the adjacent territorial waters. "3. This Act shall come into operation in the United Kingdom "immediately on the passing thereof, and shall be proclaimed in every British possession by the governor thereof as soon as may be "after he receives notice of this Act, and shall come into operation "in that British possession on the day of such proclamation, and "the time at which this Act comes into operation in any place is, as respects such place, in this Act referred to as the commencement "of this Act. "4. If any person, without the licence of her Majesty, being a British subject, within or without her Majesty's dominions, accepts or agrees to accept any commission or engagement in the military or naval service of any foreign state at war with any foreign state "at peace with her Majesty, and in this Act referred to as a friendly state, or whether a British subject or not within her Majesty's "dominions, induces any other person to accept or agree to accept any commission or engagement in the military or naval service of "any such foreign state as aforesaid,— "He 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. ber "5. If any person, without the licence of her Majesty, being a Penalty on "British subject, quits or goes on board any ship with a view of leaving "quitting her Majesty's dominions, with intent to accept any com"mission or engagement in the military or naval service of any dominions Majesty's "foreign state at war with a friendly state, or, whether a British with intent subject or not, within her Majesty's dominions, induces any other to serve a แ person to quit or to go on board any ship with a view of quitting foreign "her Majesty's dominions with the like intent, "He 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. 66 state. under false representa tions as to service. "6. If any person induces any other person to quit her Majesty's Penalty on "dominions or to embark on any ship within her Majesty's do- embarking "minions under a misrepresentation or false representation of the persons "service in which such person is to be engaged, with the intent or "in order that such person may accept or agree to accept any com"mission or engagement in the military or naval service of any "foreign state at war with a friendly state, "He 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. "7. If the master or owner of any ship, without the licence of "her Majesty, knowingly either takes on board, or engages to take on "board, or has on board such ship within her Majesty's dominions "any of the following persons, in this Act referred to as illegally "enlisted persons; that is to say,"(1.) Any person who, being a British subject within or without "the dominions of her Majesty, has, without the licence "of her Majesty, accepted or agreed to accept any com"mission or engagement in the military or naval service "of any foreign state at war with any friendly state: "(2.) Any person, being a British subject, who, without the "licence of her Majesty, is about to quit her Majesty's "dominions with intent to accept any commission or engagement in the military or naval service of any foreign state at war with a friendly state: "(3.) Any person who has been induced to embark under a misrepresentation or false representation of the service in "which such person is to be engaged, with the intent or VOL. I. X X Penalty on taking illegally enlisted per sons on board ship. 66 "in order that such person may accept or agree to accept "any commission or engagement in the military or "naval service of any foreign state at war with a friendly "state: "Such master or owner shall be guilty of an offence against this Act, 66 "(2.) Such ship 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 shore, and shall not "be allowed to return to the ship. 66 Illegal Shipbuilding and Illegal Expeditions. "8. If any person within her Majesty's dominions, without the "licence 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 ship with "intent or knowledge, or having reasonable cause to be"lieve, 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 ship 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 ship 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 ship "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, |