Attorney General v Sillim and Others Claiming the "Alexandra"
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1863 |
| Date | 01 January 1863 |
| Court | Assizes |
English Reports Citation: 176 E.R. 295
Nisi Prius
[646] Middlesex Sittings, Trinity Term, 1863, Court of Exchequer, Westminster, cot am Pollock, C B attorney-general r silltm and othlrs claiming the "alexandra" (On an information under the Foreign Enlistment Act, against the owners of a vessel for an alleged forfeiture under that Act, the vessel having been seized in an incomplete state but there being evidence that she was being so built as to be fitted for equipment, and that she was intended for a belhgeient, and the case for the Crown being that the building was so far advanced as to leave no reasonable doubt that she was so built with the intent or in older that she should be equipped or fitted out for the use of the belligerent, and as a vessel of war the jury were duected that the question was, whether the vessel was merely built for sale, in pursuance of a contract, which would be lawful, or with an intent, that in this country she should be equipped or fitted out for the purpose of being used for war by the belhgeient power It appealing in evidence that another vessel had been built in this country foi the same belligerent, so perfectly ready for equipment as to be able to receive on board hei armament, complete qucere, whether, if a neutial owner so builds a vessel, "so peculiarly adapted for warlike equipment," as that he can have no doubt he is building her for such equipment, he is not " knowingly assisting or concerned in her equipment ? and qucere, whether, if this be so, and the evidence raised the question, it was involved in the question as above left to the juiy ? Evidence having been admitted as to the building of other vessels of war for the same belligeient- with which vessels one only of the defendants \vas proved to have been connected-and also of a statement by the builder that the vessel now in question had a similar destination qna-te. whether this did not imply and involve that there was evidence of a common purpose and design so to build the vessel as to fit and adapt her for such an equipment 'l and whether that would not come within the statute ) This was an information alleging the forfeiture of the ship " Alexandra " (seized at Liverpool) under the Foreign Enlistment Act, 59 Geo 3, c G9 The information stated that a certain officer of customs had seized and arrested to the use of her Majesty, as forfeited, a certain ship or vessel called the " Alexandra," together with the furniture, tackle and appaiel belonging to and on board the said ship For that certain persons, to wit (inter alia], W Miller, T Miller, C Preolean and J Wilsman (both of the firm of Frazer & Co ), E Tessier, J Bullock, H Sillun, Thos. Mann, H Preston (of the fiirn of Fawcett, Piestou & Co ), and other persons, &c , before the said seizure, did [the first twenty-four counts charged " equip, or fit out, or furnish," &c ], with intent and in ordei that such ship should be employed m the service of certain foreign States styling themselves the Confederate States (a) Sect 64 of 20 & 21 Viet c 77, is as follows -" In any action at law or suit in equity, where, according to the existing lawr, it would be necessary to produce and prove an original will in older to establish a devise or other testamentaiy disposition of or affecting real estate, it shall be lawful foi the party intending to establish in proof such devise or other testamentaiy disposition to give to the opposite party, ten days at least before the trial or other proceeding in which the said pioof shall be intended to be adduced, notice that he intends at the said tual or other pioceeding to give in evidence as proof of the devise or other testamentary disposition the probate of the said will, or the letters of administration with the will annexed, or a copy thereof, stamped with any seal of the Court of Probate , and in every such case such probate, or letters of administration oj copy thereof respectively stamped as aforesaid, shall be sufficient evidence of such will and of its validity and contents, notwithstanding the same may not have been proved in solemn foim or have been otherwise declared valid in a contentious cause 01 mattei as heiein provided, unless the party receiving such notice shall, within four days after such leceipt, give notice that he disputes the validity of such devise or other testamentary disposition " 296 ATTORNEY-GENERAL V. SILLIM 3 F. & F. 647. (or persons assuming, &c ), with intent to cruise and commit hostilities against a certain foreign State, with which her Majesty was not then at war, to wit, the Republic of the United States of America (or the [647] citizens of, &c ), contrary to the statute (a), whereby and [648] by force of the statute the said ship, together with her tackle, &c., became and were forfeited (a) The title of the Act (59 Geo 3, c 69) is " An Act to prevent the Enlisting or Engagement of his Majesty's Subjects to serve in a Foreign Service, and the Fitting out or Equipping, in his Majesty's Dominions, Vessels for Warlike Purposes, without his Majesty's Licence " Then the preamble runs thus " 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 vessels by his Majesty's subjects, without his Majesty's licence, for warlike opeiations in or against the dominions or territories of a foreign prince, state, &c , or persons exercising or assuming to exercise the powers of government in any foreign country, province or part of any province, &c , may be piejudicial 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 (i e , 9 Geo 2, c 30, and 29 Geo 2, c 17, which contained no clauses as to ships, while the previous Act, c 15, gave power to the Crown by proclamation to prohibit the expoitation of gunpowder, arms or ammunition, and authorized the seizure of any arms or ammunition which should be shipped or laden on beard contrary to such proclamation), and it then proceeded to enact as follows [The first section (which may throw light upon the subsequent ones) relates to enlistment or attempts to enlist, it runs thus ] " That if any natural-born subject of his Majesty, his hens, &c , without the leave and licence of his Majesty, signified by order in council, by proclamation, or 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 officeir, 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 seive in any warlike or military operation, in the service of or for or under or in aid of any foreign prince, state, &c. , or 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 ui ed ot fitted out, or eqmpped, or intended to be used for any warlike put pose, in the service of or for or under or in aid of any foreign power, prince, state, £c ; or engage, contract, or agree to go, or shall go, to any foreign state country, &c , 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, &c , or 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 01 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 any part of his Majesty's dominions elsewhere, &c., shall hire, retain, engage, or procure, or shall attempt 01 endeavoin to hire, retain, engage, or procure any person or persons whatever to enlist, or 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, &c , or to go 01 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, &c." Then comes sect 7, the section on which the present information was framed .- " That if any person, within any part of the United Kingdom or in any part of his Majesty's dominions beyond the seas, shall, without the leave and licence of his Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel, with intent 3F. &F. 649. ATTORNEY-GENERAL V. SILLIM 297 [649] The information contained ninety-eight counts, and was framed upon the above section of the statute The 1st [630] count charged that the claimants, of in order that such ship or vessel shall be employed in the service of any foreign prince, state, &c , or shall, within the United Kingdom, or any of his Majesty's dominions, &c , issue or deliver...
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