61
THE NEW ZEALAND GAZETTE.
CAP. XXVI.
AN ACT to enable Her Majesty to carry into effect Arrangements
made with Foreign Powers for the Apprehension of Seamen
who desert from their Ships.
[17th June 1852.]

W HEREAS Arrangements have been made with certain Foreign Powers for
the Recovery of Seamen deserting from the Ships of such Powers when in
"British Ports," and for the Recovery of Seamen deserting from British Ships when
"in the Ports of such Powers: And whereas it is expedient to enable Her Majesty
"to carry such Arrangements into effect, and likewise to enable Her Majesty to
"carry into effect any similar Arrangements of a like Nature which may be made
"hereafter:" 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 :

Her Majesty
may by Order
in Council de-
clare that De-
serters from
Foreign Ships
may be appre-
hended and
given up.

I. Whenever it is made to appear to Her Majesty that due Facilities are or will
be given for recovering and apprehending Seamen who desert from British Merchant
Ships in the Territories of any Foreign Power, Her Majesty may, by Order in
Council stating that such Facilities are or will be given, declare that Seamen, not
being Slaves, who desert from Merchant Ships belonging to a Subject of such
Power, when within Her Majesty's Dominions or the Territories of the East India
Company, shall be liable to be apprehended and carried on board their respective
Ships, and may limit the Operation of such Order, and may render the Operation
thereof subject to such Conditions and Qualifications, if any, as may be deemed ex-
pedient.

Upon Publica-
tion of Order
in Council Jus-
tices shall aid
in recovering
Deserters from
the Ships of Fo-
reign Powers,
and may ap-
prehend them,
and send them
on board.

II. Upon such Publication as herein-after mentioned of any such Order in
Council, then, during such Time as the same remains in force, and subject to such
Limitations and Qualifications, if any, as may be therein contained, every Justice of
the Peace or other Officer having Jurisdiction in the Case of Seamen who desert
from British Merchant Ships in Her Majesty's Dominions or in the Territories of
the East India Company shall, on Application being made by a Consul of the
Foreign Power to which such Order in Council relates, or his Deputy or Representa-
tive, aid in apprehending any Seaman or Apprentice who deserts from any Merchant
Ship belonging to a Subject of such Power, and may for that Purpose, upon Com-
plaint on Oath duly made, issue his Warrant for the Apprehension of any such
Deserter, and, upon due Proof of the Desertion, order him to be conveyed on board
the Vessel to which he belongs, or to be delivered to the Master or Mate of such
Vessel, or to the Owner of such Vessel or his Agent, to be so conveyed ; and there-
upon it shall be lawful for the Person ordered to convey such Deserter, or for the
Master or Mate of such Vessel, or the Owner or his Agent, (as the Case may re-
quire,) to convey him on board accordingly.

Penalty on
Persons har-
bouring such
Deserters.

III. If any Person protects or harbours any Deserter who is liable to be appre-
hended under this Act, knowing or having Reason to believe that he has deserted,
such Person shall for every Offence be liable to a Penalty not exceeding Ten
Pounds, and every such Penalty shall be recovered, paid, and applied in the same
Manner as Penalties for harbouring or protecting Deserters from British Merchant
Ships.

Orders to be
published in
the London
Gazette.

IV. Every Order in Council to be made under the Authority of this Act
shall be published in the London Gazette as soon as may be after the making
thereof.

Orders may be
revoked or
altered.

V. Her Majesty may by Order in Council from Time to Time revoke or alter
any Order in Council previously made under the Authority of this Act.

Short Title.

VI. This Act may be cited as the "Foreign Deserters Act, 1852."