Odger's English Common Law

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172 BREACHES OF THE PEACE.
contains provisions, which relate to times of peace and forbid
any British subject to make an attack upon or incursion into
the territory of any friendly Power, whether it is at war
with any other State or not.
A person who does any of the following acts without the
licence of the Crown is guilty of a misdemeanour :
(i.) Any British subject who enlists for service under
—
a State which is at war with another State that
is itself at peace with Great Britain j
(ii.) Any one who within the British dominions induces
any other person so to enlist
(iii.) Any one who within the British dominions equips,
builds, despatches or agrees to build, a ship
which he has reasonable cause to believe will be
employed in the service of a foreign belligerent
State
upon him the burden of proving that he did
2 (the fact that it is so employed throws
not know that it was intended for such a
purpose; 3
)
(iv.) Any one who within the British dominions fits out
any naval or military expedition against any
*
State that is at peace with Great Britain ;
and is liable to fine and imprisonment for two years with
or without hard labour
;
;
J
5 and all munitions of war con-
nected with the charge will on conviction be forfeited to the
Crown
It will be noticed that in case (i.) above the crime can only
be committed by a British subject, but it can be committed
either within or without the British dominions. In the other
three cases the crime can be committed either by a British
subject or an alien, but only within the British dominions.
Our Government is responsible for any act of this kind which
is committed, even by aliens, within the British dominions,
for it is prejudicial to a friendly foreign Power.
1 33 & 34 Vict. c. 90, s. 4 ; and see ss. 5, 6 and 7.
2 lb. a. 8.
? lb. s. 9.
4 lb. s. 11.
5 lb. s. 13.
1