Continuation of Legislation




THE NEW ZEALAND GAZETTE.
749

giving evidence either before the said Supreme Court |
or before any commission for the examination of wit-
nesses 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 remunera-
tion as the said Governor in Council shall see fit to
authorize for his attendance to give evidence as afore-
said, and for his reconveyance back to the island or
place from whence he shall have been so brought.

  1. 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.

  2. 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.

  3. Any British vessel which shall upon reasonable
    grounds be suspected—

(1.) Of being employed in the commission of
any of the offences enumerated in the ninth
section of this Act; or

(2.) Of having been fitted out for such employ-
ment; or

(3.) Of having during the voyage on which such
vessel is met been employed in the commis-
sion of any such offence,

may be detained, seized, and brought in for adjudica-
tion 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 the following officers; that is to say :—

(1.) Any officer of Customs or public officer in
any British possession, subject nevertheless
to any special or general instructions from
the Governor or officer administering the
government of such possession :

(2.) Any commissioned officer on full pay in
the military service of the Crown, subject
nevertheless to any special or general in-
structions from his commanding officer:

(3.) Any commissioned officer on full pay in the
naval service of the Crown, subject never-
theless to any special or general instruc-
officer:

(4.) Any Consul or Consular Agent appointed
by Her Majesty to reside in any island not
within the jurisdiction of any civilized
Power.

  1. Any officer authorized to seize or detain any
    vessel in respect of any offence against this Act
    may, for the purpose of enforcing such seizure or
    detention, call to his aid any constable or officers of
    police, or any officers of Her Majesty's army or navy
    or marines, or any Excise officers or officers of

any officers having authority by law to make seizures
of vessels, and may put on board any vessel so seized
or detained any one or more of such officers to take
charge of the same and to enforce the provisions of
this Act; and any officer seizing or detaining any
vessel under this Act may use force, if necessary, for
the purpose of enforcing seizure or detention.

  1. The Vice-Admiralty Court before which any
    vessel is so brought for adjudication shall have full
    power and authority to take cognizance of and try
    the charge upon which such vessel is brought in, and
    may on proof thereof condemn the vessel and cargo,
    or either, as the case may be, as forfeited to Her
    Majesty, or may order such vessel and cargo, or
    either of them, to be restored with or without costs
    and damages, as to the Court shall seem fit; and in
    any such proceedings the said Court shall have such
    powers to issue commissions for the examination of
    witnesses, and to give directions in respect thereof,
    as are hereinbefore vested in the Supreme Courts of
    the Australasian Colonies; and the said Court shall,
    in addition to any power given to it by this Act, have
    in respect of any vessel or other matter brought
    before it in pursuance of this Act, all powers which
    it has in the case of a vessel or matter brought before
    it in the exercise of its ordinary jurisdiction.

  2. When any detention or seizure shall be made
    under this Act, and proceedings instituted in any
    Vice-Admiralty Court in respect of such detention or
    seizure, it shall be lawful for the Lords Commis-
    sioners of Her Majesty's Treasury, if to their discre-
    tion it shall seem meet, to direct payment to be made
    of the whole or any part of the costs, damages, and
    expenses which may be incurred in such proceedings.

  3. Subject to the provisions of this Act providing
    for the award of damages in certain cases in respect
    of the seizure or detention of a vessel by the Vice-
    Admiralty Court, no damages shall be payable, and
    no officer or local authority shall be responsible,
    either civilly or criminally, in respect of the seizure
    or detention of any vessel in pursuance of this Act.

  4. This Act shall be proclaimed in the several
    Australasian Colonies by the respective Governors
    thereof, within six weeks after a copy of such Act
    shall have been received by such Governors respec-
    tively, and shall take effect in the several Colonies
    from the day of such Proclamation.

  5. Nothing in this Act contained shall be taken
    to affect the powers vested in the Supreme Courts of
    New South Wales and Tasmania under the Act
    9 Geo. IV. c. 83.

SCHEDULES.

SCHEDULE A.

FORM OF BOND TO BE ENTERED INTO BY MASTERS
OF VESSELS UNDER “THE KIDNAPPING ACT, 1872.”

KNOW all men by these presents, that we, A.B. of
and C.D. of
, are held and firmly
bound unto our Sovereign Lady Queen Victoria, by
the Grace of God of the United Kingdom of Great
Britain and Ireland Queen, Defender of the Faith, in
the sum of five hundred pounds of good and lawful
money of Great Britain, to be paid to our said
Sovereign Lady the Queen, her heirs and successors;
to which payment well and truly to be made, we bind
ourselves and every of us, jointly and severally, for
and in the whole, our heirs, executors, administrators,
and every of them, firmly by these presents.

Sealed with our seals. Dated this
, 187
day of



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1872, No 50





✨ LLM interpretation of page content

⚖️ Provisions for Evidence, Perjury, and Vessel Seizure under Act (continued from previous page)

⚖️ Justice & Law Enforcement
Legislation, Evidence, Perjury, Vice-Admiralty Court, Vessel seizure, Australasian Colonies, Kidnapping Act 1872