the said letters of marque and reprisals, and instructions thereto relating, more at large appeareth: if therefore nothing be done by the said

or any of his officers, marines, or company, contrary to the true meaning of the said instructions, and of all other instructions which may be issued in like manner hereafter, and whereof due notice shall be given him; but that such letters of marque and reprisals aforesaid, and the said instructions, shall in all particulars be well and duly observed and performed, as far as they shall the said ship, master, and company, any way concern; and if they shall give full satisfaction for any damage or injury which shall be done by them or any of them to any of his Majesty's subjects, or of foreign states in amity with his Majesty, and also shall duly and truly pay, or cause to be paid, to his Majesty, or the customers or officers appointed to receive the same for his Majesty, the usual customs due to his Majesty, of and for all ships and goods so as aforesaid taken and adjudged as prize; and moreover if the said

shall not take any ship or vessel, or any goods or merchandise, belonging to the enemy, or otherwise liable to confiscation, through consent or clandestinely, or by collusion, by virtue, colour, or pretence of his said letters of marque and reprisals, that then this bail shall be void and of none effect; and unless they shall so do, they do all hereby severally consent that execution issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same may be found, to the value of the sum of

pounds before mentioned: and in testimony of the truth thereof they have hereunto subscribed their names.

By his Majesty's command,

Signed)

PELHAM

FOREIGN ENLISTMENT.

As immediately connected with the preceding subject, we have given the FOREIGN ENLISTMENT ACT, which was passed in 1819 on an occasion of fitting out an armament by private individuals for South America.

There had long been acts of parliament to prevent persons from enlisting into the service of foreign powers, viz.-9 Geo. II. c. 30., 29 Geo. II. c. 17., 11 Geo. II. (Ireland,) and 19 Geo. II. c. 2 (Ireland,) but not for preventing warlike operations by sea; and the subject being fully brought before the country, all the foregoing acts were repealed, and their imposts consolidated in the following act.

59 Geo. III. c. 69.

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.

1. Whereas the enlistment or engagement of his Majesty's subjects to serve in war in foreign service, without his Majesty's licence, and the fitting out and equipping and arming of vessels by his Majesty's subjects, without his Majesty's licence, for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, 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 against the ships, goods, or merchandise of any foreign prince, state, potentate, or persons as aforesaid, or their subjects, may be prejudicial to and tend to endanger the peace and welfare of this kingdom; and whereas the laws in force are not sufficiently effectual for preventing the same; be it therefore enacted, that from and after the passing of this act, an act passed in the ninth year of the reign of his Majesty king George the Second, intituled, "An Act to prevent the listing his Majesty's Subjects to serve as Soldiers without his Majesty's licence;" and also an act passed in the twenty-ninth year of the reign of his said Majesty king George the Second, intituled "An Act to prevent his Majesty's Subjects from serving as Officers under the French King; and for better enforcing an Act passed in the ninth year of his present Majesty's reign, to prevent the enlisting his Majesty's Subjects to serve as Soldiers without his Majesty's licence;" and also an act passed in Ireland in the eleventh year of the reign of his said Majesty king George the Second intituled "An Act for the more effectual preventing the enlisting of his Majesty's Subjects, to serve as Soldiers in Foreign Service without his Majesty's licence:" and also an act passed in Ireland in the nineteenth year of the reign of his said Majesty king George the Second, intituled "An Act for the more effectual preventing his Majesty's Subjects from entering into Foreign Service, and for publishing an Act of the seventh year of King William the third, intituled An Act to prevent Foreign Education;"" and all and every the clauses and provisions in the said several acts contained, shall be and the same are hereby repealed.

2. Enlisting, &c. in foreign service, &c. declared a misdemeanour.— If any natural-born subject of his Majesty, his heirs and successors, without the leave or licence of his Majesty, his heirs or successors, for that purpose first had and obtained, under the sign manual of his Majesty, his heirs or successors, or signified by order in council, or by proclamation of his Majesty, his heirs or successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a soldier, or to be employed or shall serve in any warlike or military operation, 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 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 soldier, or in any other military capacity; or if any natural-born subject of his Majesty shall, without such leave or licence as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an officer,

or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a sailor or marine, or to be employed or engaged, or shall serve in and on board any ship or vessel of war, or in and on board any ship or vessel used or fitted out, or equipped or intended to be used for any warlike purpose, in the service of or for or under or in aid of any foreign power, prince, state, potentate, colony, province, or part 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 shall, without such leave and licence as aforesaid, engage, contract, or agree to go, or shall 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 shall have been or shall 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 shall hire, retain, engage, or procure, or shall 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 shall have been or shall be actually given or received, or not; in any or either of such cases, every person so offending shall be deemed guilty of a misdemeanour, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the court before which such offender shall be convicted.

3. Not to extend to acts committed before certain periods.-Nothing in this act contained shall extend or be construed to extend to render any person or persons liable to any punishment or penalty under this act, who at any time before the first day of August, 1819, within any part of the United Kingdom, or of the islands of Jersey, Guernsey, Alderney, or Sark, or at any time before the first day of November, 1819, in any part or place out of the United Kingdom, or of the said islands, shall have taken or accepted, or agreed to take or accept 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 enlist or to enter himself to serve as a soldier, or shall have served, or having so served shall, after the said first day of August, 1819, continue to serve in any warlike or military operation, either as an officer or 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 employed or engaged, or shall have served, or having so served shall, after the said first day of August, continue to serve in and on board any ship or vessel of war, used or fitted out, or equipped or intended for any warlike purpose; or shall have engaged, or contracted or agreed to go, or shall have gone to, or having so gone to shall, after the said first day of August, continue in any foreign state, country, colony, province, or part of a province, 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 islands of Jersey, Guernsey, Alderney, or Sark, with intent to serve as an officer, soldier, sailor, or marine, contrary to the provisions of this act, after the said first day of August, or shall embark or proceed from some port or place out of the United Kingdom, or the islands of Jersey, Guernsey, Alderney, or Sark, with such intent as aforesaid, after the said first day of November, or who shall, before the passing of this act, and within the said United Kingdom, or the said islands, or before the first day of November, 1819, in any port or place out of the said United Kingdom, or the said islands, have hired, retained, engaged, or procured, or attempted or endeavoured to hire, retain, engage, or procure, any person or persons whatever, to enlist or to enter, or to engage to enlist or to serve, or be employed in any such service or employment as aforesaid, as an officer, soldier, sailor, or marine, either in land or sea-service, or to go, or agree to go or embark for the purpose or with the intent to be so enlisted, entered, or engaged, or employed, contrary to the prohibitions respectively in this act contained, any thing in this act contained to the contrary in anywise notwithstanding; but that all and every such person and persons shall be in such state and condition, and no other, and shall be liable to such fines, penalties, forfeitures, and disabilities, and none other, as such person or persons was or were liable and subject to before the passing of this 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. 4. Offenders to be apprehended by warrant, and tried.-And 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, where any offence made punishable by this act as a misdemeanour shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offender, 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 offender shall be brought, to examine into the nature of the offence upon oath, and to commit such person to gaol, there to remain until delivered by due course of law, unless such offender shall give bail, to the satisfaction of the said justice, to appear and answer to any information or indictment to be preferred against him, - according to law, for the said offence; and that all such offences

which shall be committed within that part of the United Kingdom called England, shall and may be 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 assizes or session of oyer and terminer and gaol delivery, or at any quarter or general sessions of the peace, in and for the county or place where such offence was committed; and all such offences 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 assizes or session of oyer and terminer and gaol delivery, or at any quarter or general sessions of the peace in and for the county or place where such offence was committed; and all such offences as shall be committed in Scotland, shall and may be prosecuted in the court of justiciary in Scotland, or any other court competent to try criminal offences committed within the county, shire, or stewartry within which such offence was committed; and where any offence made punishable by this act as a misdemeanour 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 offence shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the offender, and to cause him to be brought before such justice, or any other justice of the peace 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 nature of the offence upon oath, and to commit such person to gaol, there to remain till delivered by due course 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 committed in such port or place; and all such offences committed at any place out of the said United Kingdom, shall and may be prosecuted and tried in any superior court of his Majesty's dominions, competent to try, and having jurisdiction to try criminal offences committed at the place where such offence shall be committed.

5. Vessels may be detained having offenders on board.—And in case any ship or vessel in any port or place within his Majesty's dominions, shall have on board any such person or persons who shall have been enlisted or entered to serve, or shall have engaged or agreed or been procured to enlist or enter or serve, or who shall be departing from his Majesty's dominions for the purpose and with the intent of enlisting or entering to serve, or to be employed, or of serving or being engaged or employed in the service of any foreign prince, state or potentate, colony, province, or port 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 colony, province, or part of any province or people, either as an officer, soldier, sailor, or marine, contrary to the provisions of this act, it shall be lawful for any of the principal officers of his Majesty's customs where any such officers of the customs shall be, and in any part of his Majesty's dominions in which there are no officers of his Majesty's customs, for any governor or persons having the chief civil command, upon information on oath given before them respectively, which oath they are hereby respectively authorized and empowered to administer, that such person or persons as aforesaid is or are on board such ship or vessel, to detain and prevent any such ship or vessel, or to cause