"THE KIDNAPPING ACT, 1872."

Samoa Times and South Sea Gazette, Volume 2, Issue 66, 4 January 1879, Page 2

"THE KIDNAPPING ACT, 1872."

An Act for the Prevention am] Punishment of Criminal Outrage* upon Natives of the Islands in the Pacific Ocean. ■I i i. ns criminal outi igcs hy British uhj oti upon natives ■ \ah ids in the Pacific Ocean, nol beingin Her .Majesty's dominions, nor within iu» jurisdiction of

any civilian! power. hu\ •■ of lata much prevailed and tucreased and it ■ in» pedient to make further proriaoa For the prevention and punishment ol men outrages.

Be it enacted by the Queen's moatExeellont Majesty by and with the advice ami consent Of the Buds 'Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as "The Kidnapping Ait, \^7-.' ■2. The term " Governor " shall include the officer for the time being administrating the government of any of the Australasian Colonies, and " Coventor in Council" shall mean the Governor actio!; by and with the advice of the Executive Council of the Colony under his government: The term "Australasian Colonies" shall mean and include the colonies of New South Wales, New Zealand. Queensland, South Australia, Tasmania, Victoria, and Western Australia : The term " vessel " shall include a ship or boat:

The term " oath" shall include any affirmation or declaration taken or made in lieu of an oath : The term " master " shall include any person for the time being in command or charge of a vessel. :!. It shall not be lawful for any British vessel to carry native labourers of the crew of such vessel, unless the master thereof shall, with one sufficient surety to he approved by the Governor of one of the said Australasian colonies, or by a British consular officer appointed by Her Majesty to reside in any of the said ishuids.'or by any person appointed by either of those officers, have entered into a joint and several bond in the sum of five hundred pounds, to Her Majesty, her heirs and successors, in the form contained in Sch:dule (A.) to this Act annexed, or in such other form its shall be. prescribed by the legislature of any of the Australasian colonies in respect of vessels sailing from the ports of such colony, nor unless he shall have received a license in the form contained in Schedule (11.) to this Ac! annexed from any such Covenior or British consular oilicer. 1. The said penal sum of five hundred

pounds -li.i'.! be due and recoverable notwithstanding any penalty or forfeiture imposed by this Act, and whether such penalties or forfeitures shall have been sued for and recovered or not. 5. It sball be lawful for any such Governor or British consular otlicer as afores:::. 1. upon being satisfied that a 'bond has ) ti duly given by the master of any British vessel under the third section of this Aet. to grant, if he shall think lit, to such master a license in the form contained in the said Schedule (lb) <;. All tiie provisions of this Aet with respect to the detention, seizure, bringing in for adjudication before any VicoAdmiraiity Court, trial, condemnation, or restoration of vessels suspected of b ■ i.; on.pl '.' ed 111 the CC-nFUOT I'l it" IP.) of the oii'euees enumerated in the hinth sectionof thisact shall, mutatis, mutandis, apply to any British vessel which shall be found carrying such native labourers without a license or in contravention of the terms of any license which may have been granted to the master thereof.

7. The master of any vessel carrying such native labourers without such license or in contravention of any license which may have been granted to him, shall be liable to a fine of not exceeding five bundled pounds, which may be sued for and enforced in and by any court of justice of the Australasian colonies ; but nothing hertin contained shall be takon to affect the liability "of such master for any offence committed by him under the ninth or tenth sections of this Act: Provided always, that the uggregato'sum imposed or recoverable by way of penalty under this Act shall iii no ease exceed the sum of five hundred pounds.

8. Nothing herein contained shall bo taken to affect the provisions of an Act passed by the legislature of Queensland, intituled '* An Act to regulate and control the introduction and treatment of Polynesian labourers," nor of any Act of a like kind passed or which may be passed by the legislature of of any of the Australasian colonies not being inconsistent with the provisions of this Act ; and the provisions of this Act in respect of vessels carrying native labourers without a license or in contravention of the terms of a license, shall not apply to any vessel which has complied with the regulations and conditions imposed by the said Queensland Act or by any other Act of a like kind passed or which may he passed by the legislature of any of the Australasian colonies as aforesaid, proof of which compliance shall lie upon the master of such vessel. 0, If a British subject commits any of the following olfoncos; that is to

1. Decoys a native of any of the afore,xiid islands for tho purpose of iui- ]>- ti-titi«_f or removing; sucli nativo into uiiy island or place other than that in which he was at the time of tl mmission of auoh offence; or carries away, confines, or detains any such native for tli« purpose aforesaid, without his consent, pii)of of which oonsoni shall lie on the party accused : 2. Skips, embarks, receive*, detains or oonnuew, or assists in shipping, embarking, receiving, detaining, or conlining, fur the purpose aforesaid, a

native of any ol the aforesaid islands on board any veswl, wth i on the high seas or el-wli-i- without the consent of such native, proof of which consent shall lie on the party accused:

:!. Contracts for the shipping, eroharkIk r.- ■iv-.i-g let mi!!,; r 'l'lil'i' in:,' on boaril any vossi 1 fur the purj se aforesaid " any such _ native without his consent, proof of which consent shall lie on thu [arty accused : 4. Fits out, mans, navigates, equips, uses, employs, lets, or takes on freight or hire any vessel, or commands, or serves, or is <m board any Buoh veseel with intent to commit, or that any i on board such vessel should commit, any of the offences above enumerated : 5. Ships, lades, receives, or puts on board, or contracts for the shipping, lading, receiving, or putting on heart 1 of any vessel money, goods, or other articles, with the intent that they should he employed, or knowing that they will be employed in the commission of any of the offences above enumerated; ho shall for each oifeneo bo guilty of felony, and shall be liable to be tried and punished for such felony in any .Supreme Court of justice in any of the Australasian colonies, and shall, upon conviction, lie liable at the discretion of the court to the highest punishment other than capital punishment, so to any 1--.S punishment, awarded f r au<. i b>y 1 \ t'i: L'.v ~i the colony in which such offender shall bu tried.

10. Any person who aids, abets, counsels, or procures the commission of any offence against this Act shall be liable to be tried and punished as a principal offender. 11. Any offence against this Act. maj ii" described in any imlictm 'lit, iufinna turn, or other document relating to sucl offence, in eases where the mode of tria requires such a description, as bavin; 1 n committed at the place where it wawholly or partly committed, or it may hi averred generally to have been committee within Her Majesty's dominions, and tin venue or local description in the niargii may he that of the county, city, town, ir place in which the trial is held.

II In all oases of indictment or informatiim liiiil or exhibited in the Supreme i lourt of .miv of the Australasian colonies for any oltence under this Aet, inch Supreme Oourt, upon motion to bo made on behalf of the prosecutor or accused, may order a commission or commissions to issue for the examination of witnesses upon oath, ami to receive proof at any place or places out of the jurisdiction of such court concerning the matters charged in such indictment or information; and the said Supremo Court is hereby required and authorised by the .-aim' or any subsequent order or orders to make such rules and give such directions as to the time, place, and mode of executing such commission or commissions, and as to the notice thereof to be given to the party accused, and as to the proper return of the depositions taken and the matters done thereunder, as to the said court shall seem fitting and proper, and the depositions being duly taken under such commission or commissions and returned to the said court shall be allowed and read as if the witness so deposing had been present sworn, and examined viva von at any trial for such offences as aforesaid in tils' said Supreme Court, any law or usage to the contrary thereof notwithstanding.

13. In all cases of indictment or information laid or exhibited in the Supreme Court of any of the Australasian colonies for any offence under this Act, the (Invemor in Council of such colony may authorise and empower the commander of any of llcr Majesty's ships or vessels, <u the master of any ship or vessel trading with the inhabitants or natives of the said islands to obtain the attendance a> a witness of any native of any of tin said islands for the purpose of giving evidence either before the said Supreme Court or beforo any commission for the examination of witnesses ordered bysucl court, and to transport and convoy Slid witness to the colony in which sucl offence shall bo tried or to the place whore such commission shall be held, and alsi to remunerate such witness by such sum of money or other remuneration as tie Governor in (lounoil shall see lit to audio, rise for his reconveyance hack t" the, is land or place from whence he shall have been so brought.

14. In ull cases iii which an oath may be lawfully administered to any person either as a witness oi' deponent, in nnv proceeding tmdor this Act, it shall be the duty of tin' oourt or commissioner, nr officer administering the wine, to ascertain, as far as possible, in what form such oath will ho binding on the conscience of such witness or deponent, and to administer such oath in such form accordingly ; and the Court before which such proceedings shall take place or a commissioner under any commission as aforesaid may declare in what manner the evidence shall lie taken of witnesses or deponents wdio are ignorant of the nature of an oath, ami the evidence or disposition taken in any such form or manlier as aforesaid shall he-as valid as if an oath had been administered in the ordinary manner.

15. Every person who shall wilfully and corruptly give fall* evidence in any examination, deposition, or affidavit had or taken in any proceeding under the Aol shall bo deomod guilty of perjury

„ i , ! „ 1 ,„ 11v U t i, 1 ,.!,,..,f>1m111 T lu l l,!, ~,-.,.', .;.,. all ,l penalties to wlu.-h per- ' n> «Mjvioted of wilful *n& wrap! perjury are liable, »«3 «•? ,«* I>oT'1 >O T' 1% tried either in the the „„;•,,,„ m committed, or in the 5u- ,",,,.. «v...t of any of the colonies. IG. British vessel which shall upon reasonable grounds be suspected : (1.) Of being employed in the commy olllwolfenw.enumerated in the ninth section of this .let; or

(2.) Of having been fitted out for su employment; or (3) Of having during the voyage • which such vessol is met been employed in the commission ut any such offence, may be detained, seized, and brought in for adjudication upon the charge of being or having been so employed or fitted out as aforesaid before auy Vicovldmirality Court in anv of Her Majesty's dominions by any of the following officers : that is to say,—(1.) .inv officer of customs or public officer in any British poss.-ssi.oi

subject nevertheless to any special or general instructions from the Governor or officer administering the government of such possession : (20 -Inv commissioned officer on full "' pay iii the military service of the Crown, subject nevertheless to anv special or general instructions from bis commanding officer: (:!.) Any commissioned officer on lull pay in tho naval service of tho Ci-own, subject nevertheless to any special or general instructions from the AilmTrality ur bis superior officer: '4 Anv consul or consular agent appointed liv Her Majesty to reside in anv island not within th* jiiris-lietion of any civilized power. (17-) Anv officer authorised to seize or detain any vessel in respect of any oll'ence againsl this Act may, for the purpose of enforcing such seizure or detention, call to Ins aid any constable or officer of police, or any officers of Her Majesty's army or navy, or marines, or any excise officers or officers of customs or any harbour-master or dock master, or anv officers having authority by law to make seizures of vessels, and may put on board anv vessel so seized or detained any one or more of such officers to take charge of the same and t> enforce tho provisions of this Act, and any officer seizing or detaining any vessel unfier this Act may use force, if necessary, for the purpose of enforcing seizure or detention.

IS. When iinv detention or seizure .shall bo under this -lei. and proceedings instituted in any Vice-.-ldmirality Court in respect of such detention or seizure, it shall bo lawful for the Lords t.'oinmissionors of Her Majesty's Treasury, if to their discretion it shall seem meet, to direct payment to be made of the whole or any part of the costs, damages, and expenses which may lie inourrod in su •:: proceedings. 10. Subject to the provisions of this Act providing for the award of damages in certain cases in respect of the seizure or detention of a vessel by the Vio.e-A.d-mirality Court, no damages shall bo payable, and no officer or local authority shall lie responsible, either civilly or criminally, in lespect of the seizure or detention of any vessel ia piirsanca of this Act. 20. Nothing in tliisAcf contained shall be taken to ailed the powers vested in tie' Supreme Courts of Now South Wales and Tasmania under the Act 9 Uuo.-IV c. H'l