A.—No. la,

72

DESPATCHES FROM THE SECRETARY OF STATE

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 be passed by the Legislature of any of the Australasian Colonies as aforesaid, proof of which compliance shall lie upon the master of such vessel. 9. If a British subject commits any of the following oifences ; that is to say : — (1.) Decoys a native of any of the aforesaid islands for the purpose of importing or removing such native into any island or place other than that in which he was at the time of the commission of such offence ; or carries away, confines, or detains any such native for the purpose aforesaid, without his consent, proof of which consent shall lie on the party accused : (2.) Ships, embarks, receives, detains, or confines, or assists in shipping, embarking, receiving, detaining, or confining, for the purpose aforesaid, a native of any of the aforesaid islands on board any vessel, either on the high seas or elsewhere, without the consent of such native, proof of which consent shall lie on the party accused : (3.) Contracts for the shipping, embarking, receiving, detaining, or confining on board any vessel for the purpose aforesaid any such native without his consent, proof of which consent shall lie on the party accused : (4.) Fits out, mans, navigates, equips, uses, employs, lets, or takes on freight or hire any vessel, or commands, or serves, or is on board any such vessel with intent to commit, or that any one 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 board of any vessel money, goods, or other articles, with the intent that they should be employed, or knowing that they will be employed, in the commission of any of the offences above enumerated; he shall for each offence be 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, be liable at the discretion of the Court to the highest punishment other than capital punishment, or to any less punishment, awarded for any felony by the law of the Colony in which such offender shall be 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 may be described in any indictment, information, or other document relating to such offence, in cases where the mode of trial requires such a description, as having been committed at the place where it was wholly or partly committed, or it may be averred generally to have been committed within Her Majesty's dominions, and the venue or local description in the margin may be that of the county, city, town, or place in which the trial is held. 12. 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, such Supremo Court, upon motion to be made on behalf of the prosecutor or accused, may order a commission or commissions to issue for the examination of witnesses upon oath, and 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 Supreme Court is hereby required and authorized by the same 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, voce at any trial for such offences as aforesaid in the said Supreme Court, any law or usage to the contrary thereef 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 Governor in Council of such Colony may authorize and empower the Commander of any of Her Majesty's ships or vessels, or the master of any ship or vessel, trading with the inhabitants or natives of the said islands, to obtain the attendance as a witness of any native of any of the said islands for the purpose of giving evidence either before the said Supreme Court or before any commission for the examination of witnesses ordered by such Court, and to transport and convey such witness to the colony in which such offence shall be tried or to the place where such commission shall be held, and also to remunerate such witness by such sum of money or other remuneration as the said Grovernor in Council shall see fit to authorize for his attendance to give evidence as aforesaid, and for his reconveyance back to the island or place from whence he shall have been so brought. 14. In all cases in which an oath may be lawfully administered to any person either as a witness or deponent in any proceeding under this Act, it shall be the duty of the Court or Commissioner, or officer administering the same, to ascertain, as far as possible, in what form such oath will be 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 be taken of witnesses or deponents who are ignorant of the nature of an oath, and the evidence or deposition taken in any such form or manner as aforesaid shall be as valid as if an oath had been administered in the ordinary manner. 15. Every person who shall wilfully and corruptly give false evidence in any examination, deposition, or affidavit had or taken in any proceeding under this Act shall be deemed guilty of perjury, and upon conviction thereof shall be liable to the pains and penalties to which persons convicted of wilful and corrupt perjury are liable, and every such person may be tried either in the place where the offence was committed, or in the Supreme Court of any of the Australasian Colonies.