TO THE GOVERNOR OF NEW ZEALAND.
71
A.—No. la,
with their concurrence. This last condition is, as will be seen, practically secured by the terms of the 13th section. The remaining part of the Act provides for the seizure, trial, and condemnation in Vice-Admiralty Courts of vessels engaged in this traffic; and by the 19th section, the Lords Commissioners of the Treasury are authorized to pay the costs, damages, and expenses which may be incurred in such proceedings. I have only to add, that Her Majesty's Government feel assured that they may rely upon the hearty co-operation of the Colonial Governments in their endeavours to put an end to the atrocious practice of kidnapping, which has roused such just indignation both in this country and in the Australasian Colonies, and which, if not effectnally checked, will bring serious discredit upon the British Flag, under which, in too many instances, it has been carried on by unscrupulous offenders. I have, &c, The Officer Administering the Government KIMBEBJLEY. of New Zealand.
Enclosure in No. 70. An Act for the Prevention and Punishment of Criminal Outrages upon Natives of the Islands in the Pacific Ocean. [27th June, 1872.] Whebeas criminal outrages by British subjects upon natives of islands in the Pacific Ocean, not being in Her Majesty's dominions, nor within the jurisdiction of any civilized power, have of late much prevailed and increased, and it is expedient to make further provision for the prevention and punishment of such outrages : Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords 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 Act, 1872." 2. The term " Governor " shall include the officer for the time being administering the government of any of the Australasian Colonies, and " Governor in Council" shall mean the Governor acting 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: 3. It shall not be lawful for any British vessel to carry native labourers of the said islands, not being part of the crew of such vessel, unless the master thereof shall, with one sufficient surety to be 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 islands, 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 Schedule (A) to this Act annexed, or in such other form as 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 (B) to this Act annexed from any such Governor or British consular officer. 4. The said penal sum of five hundred pounds shall 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 shall'be lawful for any such Governor or British consular officer as aforesaid, upon being satisfied that a bond has been duly given by the master of any British vessel under the third section of this Act, to grant, if he shall think fit, to such master a license in the form contained in the said Schedule (B). 6. All the provisions of this Act with respect to the detention, seizure, bringing in for adjudication before any Vice-Admiralty Court, trial, condemnation, or restoration of vessels suspected of being employed in the commission of any of the offences enumerated in the ninth section of this Act 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 the terms of any license which may have been granted to him, shall be liable to a fine of not exceeding five hundred pounds, which may be sued for and .enforced in and by any Court of justice of the Australasian Colonies ; but nothing herein contained shall be taken 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 aggregate sum imposed or recoverable by way of penalty under this Act shall in no case exceed the sum of five hundred pounds. 8. Nothing herein contained shall be 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 maybe passed by the Legislature 19 .
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