950

ROYAL GAZETTE.

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 in aid of any foreign Prince, state, potentate, colony, province, .or part of any prov- ince or people, or in the sorvwe of or. for or under. or a in aid of any person or persons exercising or assuming to exercise the powers of government in or over any foreign country. corony province. or part of any province or peeple, 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 shall have been or shall he in any or either of the cases aforesaid actually paid to or received by him,or by any person to or {or his use or benefit; or if any person whatever. Wltllill 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. ord’lacc he- longing to or subject to His Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavor to lure, retain, engage, or procure any person or persons what- ever to enlist, or to enter or engage to enlist. or to serve or be employed in any such service or employment as aforesaid. as an oflicer, soldier, sailor or marine, either in land or sea serv1ce, for or under or in aid of any for- eign Prince. State, Potentatc, Celeny. Province, or part of any Province or people, or lor or undenor in aid of any person or persons chrc.sing on assuming to exer- cise any powers ofGovcrnnicnt as aforesaid, or to go or to agree to go or embark from any part ol llis Majes- ty’s Dominions, for the purpose or wnh intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay or reward shall have been or shall be actually g1 Ven or received, or not; in any or either of such CaSes, every person so offend- ing shall be deemed guilty ofa nasalcnieanm', and upon being convicted thereof, upon any information or in- dictmentshall be punishable by fine, and imprisonment, or either of them. at the discretion of the court before which such offender shall be convicted.

III. Provided always,and be it enacted, that nothing in this Act contained shall extend or be. construed to extend to render any person or pet-Sons liable to any punishment; or penalty under this Act, who at any time before the first day of August one thousand eight hundred and nineteen, within any part of the United Kingdom, or the Islands of Jersoy. Guernsey. Alderney, or bark, or at any time before the fist day of November one thou- sand eight hundred and nineteen, in any part or place out of the United Kingdom. or of the said Islands, shall have taken or accepted. or agreed to take oa ac. cept any Military commission, or shall have otherwise enlisted into any Military Service as a Commissioned or Non-Commissioned Officer, or shall have enlisted, or entered himself to enlist, or shall have agreed to on— list or to enter himsell'to serve as a soldier, or shall have served, or having so served Shall. after the said first day of August one thousand eight hundred and nineteen, continue to serve in any warlike or military operation, either as an officer 0r soldier. or in any other military capacity, or shall have accepted, or agreed to take or accept any commission, warrant or appointment as an officer, or shall have enlisted or entered himself to serve or shall have served, or having so served shall continue to serve as a sailor. or marine, or shall have been em- ployed or engaged. or shall have served. or having so served shall, after the said first day of Au ust, continue to serve in and on board any ship or vessc of war, used or fitted out. or equipped or intended for any warlike purpose; 0r shall have engaged, or contracted or agreed 4 to go, or shall have gone to. or having so gone to shall after the said first day of August, continue in any for- eign State, Country, Colony,1’rovince, or part of a Pro- vince. or to, or in any place beyond the seas, unless such person or persons shall embark at or proceed from some port or place within the United Kingdom. or the

glands of Jersey. GuerDSey, Alderney. or Sark. with

intent to serve as an officer, soldier, sailor. or marine. contrary to the provisions ofthis Act, alter the, said first day of August. or shall embark or proceed from some port or place out of the United Kingdom, orthe Islands of Jersey. Guernsey. Alderney. or Sark, With such in. tent as aforesaid, after the said first day of November onethousand eight hundred and nineteen, in any port or place out of the said United Kingdom, or the said Islands, have hired, retained. engaged, or procured, or attempted or endeavored tohire. retain, engage, or pro- cure any person or persons whatever. to enlist or to enter. or to engage to enlist or to serve, or he employ- ed in any such sauce or ctnployt'nent as aforesaid, us an oflicer, soldier, sailor or marine, either in land or sea service, or to go, or ttgl’vu to go or embark for the purpose or with the intent to he so enlisted, entered or engaged or employed, contrary to the prohibitions rc- spectivcly in this Act contained, anything in this Act contained to the contrary in anywise notwithstanding; but that all and every such persons and person shall be in such state and condition. and no other. and shall be liable to such fines. penalties. forfeiturcs, and disabili- ties, and llOlte. other, as such person or persons was or WH‘O liable and subject to before the passing ofthis Act, and as such person or persons Would have been in, and been liable and subject to, in case this Act and the said recited Acts by this Act repealed had not been passed or made.

IV. And be it further enactcd, That it shall and may be lawful for any Justice of the Peace residing at or near to any port or place within the United Kingdom of Great Britain and Ireland, whcr I any oifcnce made punishable by this act as a misdemeanor shall be Committed. on in- formation on oath ofany such offence. to issue his war~ out for the apprehension ()l the otl'cndcr, and to cause him to be brought before such Justice, or any Justice of the Peace; and it shall be lawful for the. Justice of the Peace before whom such otfcndcr shall be brought, to examine into the nature of the offence upon oath, and to commit such person to jail, there to remain until deliver- cd by due cour~c oflaw, unless such oll'cndct‘ shall give bail to the satisfaction of the said Justice. to appear and answer to any information or irdictmcnt tobe preferred against him, according to law, for the said offence; and that all such otfcuccs which shall be committed within that part of the United Kingdom called England. shall and may he proceeded and tried in his Majesty’s Court of King’s Bench at Westminster, and the Venue in such case laid at Westminster. or at the Assich or Session onyer and ’l‘rcminc ' audGaol Delivery,or at any quarter or general sessions of the Peace in and for the County or Place where such offence was committed; and that all such ofi'enccs which shall be committed within that part of the United Kingdom called Ireland, shall and may be prosecuted in His Majesty's Court of King's Bench at Dublin, and the Venue be laid at Dublin. or at any As- sizes or Session of chr and 'l‘rcmiucr and Gaol Delivery, or at any quarter or general sessions of the peace in and for the County or place wher: such ott'encc was commit— ted; and all such ofl‘enccs as shall be committed in Scot- land, shall and may be prt.)secutcd in the Court of Justi« ciary in Scotland, or any other Court competent to try criminal ott'cnccs committed within the County, Shire. or Stewartry within which such oti'ence was committed; and where any offence made punishable by this act as a misdemeanor shall be committed out of the said United Kingdom, it shall be lawful for any Justice of the Peace residing near to the port or place where such otl'encc shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offend- er, and to cause him to be brought before such Justice. or any other Justice of the P -acc for such place; and it shall be lawful for the Justice of the Peace before whom such offender shall be brought, to examine into the na— ture of the offence upon oath, and to commit such person to Gaol, there to remain until delivered by duecourse of law. or otherwise to hold such offender to bail to answer for such offence in the Superior Court competent to try and having jurisdiction to try criminal offences commit~ ted in such port or place; and all such offences commit~ ted at any place out ofthe said United Kingdom shall and may be prosecuted and tried in any superiOr Court oinl