ment as the Lord Chancellor, the Lord Chief Justice of England, and the Lord Chief Justice of the Common Pleas, or any two of them, shall judge fit to be imposed and inflicted.

1

ARTICLE 103.

LIBELS ON FOREIGN POWERS.

1 Every one is guilty of a misdemeanor who publishes any libel tending to degrade, revile, or expose to hatred and contempt any foreign prince or potentate, ambassador or other foreign dignitary, with intent to disturb peace and friendship between the United Kingdom and the country to which any such person belongs.

The word "publish" is used here in the same sense as in Article 294, and the word "libel" in the second of the two senses specified in Article 291.

(SUBMITTED.) Nothing is an offence against this Article which is a fair criticism on a matter of public interest as defined in Article 298.

ARTICLE 104.

INTERFERENCE IN FOREIGN HOSTILITIES.

2 Every person commits a misdemeanor, and is liable upon conviction thereof to fine and imprisonment with hard labour, or either of such punishments, at the discretion of the Court, who does any of the following acts without the licence of Her Majesty under her sign manual, or signified by Order in Council, or by proclamation, that is to say

1 R. v. D'Eon, 1764, 1 Blac. 510; R. v. Lord G. Gordon, 1787, 22 St. Tr. 213. (This was the case of a libel on Marie Antoinette seven years after the defendant's acquittal for high treason.) R. v. Vint (1801); Vint wrote of the Emperor Paul, "The Emperor of Russia is rendering himself obnoxious to his subjects by various acts of tyranny, and ridiculous in the eyes of Europe by his inconsistency;" Starkie (by Folkard), 724. R. v. Peltier, 1803, 28 State Trials, 589; 6th Rep. C. L. C. art. 50, p. 34. Draft Code, s. 104.

233 & 34 Vict. c. 90 (redrawn). As to the history of this offence, see 3 Hist. Cr. Law, 257-62.

3 Sect. 15.

(a.) 1 who, within the limits of Her Majesty's dominions, prepares or fits out any naval or military expedition to proceed against the dominions of any 2 friendly state, or is engaged in such preparation or fitting-out, or assists therein, or is employed in any capacity in such expedition; or

3

(b.) who, 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 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; or

(c.) who, being a British subject quits or goes on board any ship with a view of quitting 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, or, whether a British subject or not, within Her Majesty's dominions, induces any other person to quit or to go on board any ship with a view of quitting Her Majesty's dominions with the like intent; or

(d.) 5 who, being the master or owner of any ship, knowingly either takes on board, or engages to take on board, or has on board such ship within Her Majesty's dominions any illegally enlisted person; as defined in Article 105; or

6

(e.) who, within Her Majesty's dominions, with intent or knowledge, or having reasonable cause to believe, that the same will be employed in the military or naval service of any foreign state at war with any friendly state,

builds, agrees to build, causes to be built, equips, despatches, or causes or allows to be despatched, any ship, or issues or delivers any commission for any ship.

Provided that a person building, causing to be built, or

1 33 & 34 Vict. c. 90, s. 11; see R. v. Sandoval, 1887, 56 L. T. 526. 2 44 Friendly state" means "any foreign state at peace with Her Majesty" (sect 4).

3 Sect. 4.

4 Sect. 5.

5 Sect. 7.

6 Sect 8 (redrawn).

equipping a ship in any of the cases aforesaid, in pursuance of a contract made before the commencement of such war as aforesaid, is not liable to any of the penalties specified in this Article in respect of such building or equipping—

(i.) if forthwith upon a proclamation of neutrality being issued by Her Majesty he gives notice to the Secretary of State that he is so building, causing to be built, or equipping such ship, and furnishes such particulars of the contract and of any matters relating to, or done, or to be done under the contract as may be required by the Secretary of State; . and

(ii) if he gives such security, and takes and permits to be taken such other measures, if any, as the Secretary of State may prescribe for ensuring that such ship shall not be despatched, delivered, or removed without the licence of Her Majesty until the termination of such war as aforesaid.

ARTICLE 105.

SHIPS, ETC., REFERRED TO IN ARTICLE 104 TO BE FORFEITED.

1 All ships and their equipments used in or forming part of any such expedition as is mentioned in Article 104 (a.), or in respect of which is committed any of the offences defined in Article 104 (e.), and all arms and munitions of war used in forming part of any such expedition as is mentioned in Article 104 (a.), are forfeited to Her Majesty.

The expression "illegally enlisted persons" in Article 104 (a.) means

(i.) 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 commission or engagement in the military or naval service of any foreign state at war with any friendly state;

(ii) 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

1 See section referred to in the Articles mentioned.

the military or naval service of any foreign state at war with a friendly state;

(iii.) 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 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.

Every ship referred to in Article 104 (d.) is to 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

All illegally enlisted persons must, immediately on the discovery of the offence, be taken on shore, and must not be allowed to return to the ship.

ARTICLE 106.

INCREASING FORCE OF SHIPS FOR FOREIGN BELLIGERENTS AND PROCURING ENLISTMENT BY MISREPRESENTATION.

Every person is guilty of a misdemeanor, and is liable upon conviction thereof to the punishment specified in Article 104, who

(a)1 within the dominions of Her Majesty, and without such licence as is mentioned in Article 104, by adding to the number of the guns, or by changing those on board for other guns, or by the addition of any equipment for war, increases or augments, or procures to be increased or augmented, or is knowingly concerned in increasing or augmenting, the warlike force of any ship which at the time of her being within the dominions of Her Majesty was a ship in the military or naval service of any foreign state at war with any friendly state; or

133 & 34 Vict. c. 90, s. 10.

(b.) 1 who induces any other person to quit Her Majesty's dominions, or to embark on any ship within Her Majesty's dominions, under a misrepresentation or false representation of the 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 commission or engagement in the military or naval service of any foreign state at war with a friendly

state.

ARTICLE 107.

PRESUMPTION OF KNOWLEDGE OF PURPOSE FOR WHICH SHIP

IS BUILT.

2 Where any ship is built by order of or on behalf of any foreign state when at war with a friendly state, or is delivered to or to the order of such foreign state, or any person who to the knowledge of the person building is an agent of such foreign state, or is paid for by such foreign state or such agent, and is employed in the military or naval service of such foreign state, such ship must, until the contrary is proved, be deemed to have been built with a view to being so employed, and the burden of proving that he did not know that the ship was intended to be so employed in the military or naval service of such foreign state lies on the builder of such ship.

1 33 & 24 Vict. c. 90, s. 6.

2 Sect. 9.