748

THE NEW ZEALAND GAZETTE.

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 whe-
   ther 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 satis-
   fied 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, condemna-
   tion, 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 with-
   out 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 con-
   trol 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 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 with-
   out a license, or in contravention of the terms of a
   license, shall not apply to any vessel which has com-
   plied with the regulations and conditions imposed by
   the said Queensland Act or by any other Act of
   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 follow-
   ing offences; 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, with-
out 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, re-
ceiving, 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 enume-
rated:

(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 Aus-
tralasian 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 pro-
    cures 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 de-
    scribed in any indictment, information, or other docu-
    ment 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 Supreme Court, upon motion to be made on
    behalf of the prosecutor or accused, may order a
    commission or commissions to issue for the examina-
    tion 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 indict-
    ment 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 com-
    missions, 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 thereof not-
    withstanding.

13. In all cases of indictment or information laid
    or exhibited in the Supreme Court of any of the Aus-
    tralasian 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