THE KIDNAPPING ACT.

Star (Christchurch), Issue 1419, 13 September 1872, Page 2

THE KIDNAPPING ACT.

The Act passed by ths Imperial Parliament for fche prevention and punishment of criminal outrages upon natives of.* the islands in the Pacific Ocean, a copy of whioh has been sent out by the Agent-Goneral, contains some stringent provisions. Clause 3 provides that ifc shall not be lawful for any British vessel to carry native labourers, not being part of the crow, unless the master thereof shall, with one sufficient surety, have entered into a bond of £500, nor unless he shall have received a license. It is enacted under clause 9 that if a British subject commits any of the following offences he shall be guilty of felony, that he shall bo liable to be tried ond punished in any of the Australasian colonies, and that he shall, upon conviction, bo liable to the highest punishment other than capital punishment, or to less punishment awarded for any felony by the law of the colony in whicn suoh offender shall be tried : — 1. Decoys a native of any of the aforesaid islands for the purpose of importing or remor-

ing such native into any island or place other than that in which he was afc 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 tho 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 fche 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 ou board any 'such vessel with intent to 'comnilt,^ or that any one on board such vessel should commit, any of the offences' above ■enumerated. 5. Ship 3, 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 fchey ; should be employed, or knowing that they will be employed, in the commission of any of tho offences above enumerated. | It is also provided that any person who aids, abets, counsels, or procures the commis? sioii of any offence against this Act shall b£ liable to be tried and punished as a principal' offender. Any offence against this Act may' be described in any indictment, informationY or . other document relating to such offence^ •as having been "-committed-— at— the place I where ifc was wholly or; 'partly comJ mitted, or ifc may bo averred generally to- have been committed '...within-. rHetf Majesty's dominions} jand the venue or local . description in the.^rgm^may be that of : the ? county, city, town,-;or . ph^e.in which the trial ■■ is held. Courts may issue commissions jfor^ examination of witnesses, and- powers are! given to secure the attendance of native witnesses - who are to be remunerated and returned to the place from whence they were brought. Any British vessel which shall, upon reasonable grounds, be suspected of b.oing employed in the commission of any'of the offences enumerated in the 9fch section of ■- this act, or of having been fitted out for such employment, or of having during the voyage on which such vessel is met been employed in the commission of 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/, any Vice-Admiralty Court, in any of Her Majesty's dominions, by any of tho following officers :-r-.Any / officer- ■■ of customs, or public officer in any British possession^ subject, nevertheless, ■.-■ to any special,; >or general instructions from the Governor' pr officer administering the Government pf puoh\ possession j any commissioned officer, on fully pay in the military service of the Crpwn^.sub.~, ject nevertheless to any special or general , instructions from . his commanding officer; , any commissioned officer on full pay in the , naval service of the Crown, subject nevertheless to any special or general instructions from the Admiralty or his superior officer ; any consul or consular agent appointed by* Her Majesty to reside in any island not within the jurisdiction of any civilised power. Any officer seizing or detaining any vessel may use force if necessary..' ;Full powers are given to tho Vice Admiralty Court to deal with vessels brought before it for adjudication, and the court will have power to issue commissions for the examination of witnesses. : - Officers acting in pursuance of the provisions of tho act are indemnified against ciyil or criminal proceedings in respect of the - : seizure or detention of any vessel. Clause 2i provides that the act shall . be proclaimed in the several Australasian colonies by the re- , spective Governors thereof within six weeks after a copy of it shall have been received by such Governors respectively, and that it shall take effect in the several colonies from the. day of such proclamation. Nothing in the acfc is to be taken to affect the powers vested in tho Supreme Courts of New South Wales and Tasmania, under tho Act 9 Geo. IV. o. 83, or the acfc passed by the Legislature of' Queensland, intituled "An Act to regulate and control tho introduction and treatment of Polynesian labourers," nor any act of alike kind passed by any of the Australasian colonies, not being inconsistent with the provisions of the Imperial Act. Ifc is likewise provided that 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 veasol which has complied with the regulations and conditions imposed by tho Queensland Act, or by any other Act of a like kind passed, or which maybe passed, by tho Legislature of any of the Australasian colonies, proof of which compliance shall lie upon the masters of vessels.