β¨ Text of Legislation
802
THE NEW ZEALAND GAZETTE.
Construction of Act and Short Title.
- This Act shall be construed as one with the Act
of the session of the thirty-fifth and thirty-sixth
years of the reign of Her present Majesty, chapter
nineteen (in this Act referred to as the principal
Act); and the expression "this Act," when used in
the principal Act, shalt be deemed to include this
Act.
The principal Act and this Act may be cited
together as the Pacific Islanders Protection Acts,
1872 and 1875, and each of them may be cited
separately as the Pacific Islanders Protection Act of
the year in which it was passed.
Amendment of 35 and 36 Vict. c. 19., s. 3., as to the carrying in
British vessels of native labourers.
2. Whereas by section three of the principal Act
it is enacted that it shall not be lawful for any
British vessel to carry native labourers of the islands
in the Pacific Ocean referred to in the said Act, not
being part of the crew of such vessel, unless the
master has given such bond as is therein mentioned,
and has obtained from a Governor of one of the Aus-
tralasian colonies or a British Consular Officer a
license in the form contained in Schedule B to the
said Act:
And whereas such license does not authorize the
carrying in a British vessel of the said native labour-
ers for the purpose of carrying on any fishery,
industry, or occupation in connection with the said
vessel, and it is expedient to authorize the same: Be
it therefore enacted as follows:
The license mentioned in sections three and five of
the principal Act may authorize a British vessel to
carry native labourers in such vessel for the purpose
of carrying on any fishery, industry, or occupation in
connection with the said vessel, and may for that
purpose be in the form contained in the Schedule B
to this Act, in lieu of the form contained in Schedule
B to the principal Act, and the bond mentioned in
section three of the principal Act shall in such case
be in the form contained in Schedule A to this Act,
in lieu of the form contained in Schedule A to the
principal Act.
If a native labourer, carried in pursuance of a
license issued under this section, is not engaged in
like manner as a seaman forming part of the crew
of the vessel, by an agreement made in accordance
with "The Merchant Shipping Act, 1854," and the Acts
amending the same, the engagement of such labourer
shall be recorded in such manner and with such
particulars as may be from time to time prescribed by
Her Majesty by Order in Council, but in all cases the
name of the labourer engaged shall be entered in the
official log with particulars sufficient to identify such
labourer.
Amendment of 35 and 36 Vict. c. 19., ss. 6 and 16., as to seizure
of suspected British vessels.
3. Whereas by section six and sixteen of the
principal Act provision is made with respect to the
detention, seizure, and bringing in for adjudication of
a British vessel suspected of being employed or found
employed in the commission of the offences therein
mentioned, or otherwise as in the said sections
mentioned, and it is expedient to amend such pro-
vision: Be it therefore enacted as follows:
Where a British vessel may, under the principal
Act, be detained, seized, and brought in for adjudi-
cation by any officer, all goods and effects found on
board such vessel may also be detained, seized, and
brought in for adjudication by such officer, either
with or without such vessel; and all the provisions of
the principal Act referring to the seizure or detention
of a vessel shall, so far as is consistent with the tenor
thereof, be construed also to refer to the seizure and
detention of such goods and effects.
Jurisdiction of Courts in regard to vessels, goods, and effects
seized under 35 and 36 Vict. c. 19., or this Act.
4. Whereas it is expedient to amend the provisions
made by the principal Act with respect to the juris-
diction of the Admiralty Courts: Be it therefore
enacted as follows:
The High Court of Admiralty of England and
every Vice-Admiralty Court in Her Majesty's
dominions out of the United Kingdom shall have
jurisdiction to try and condemn as forfeited to Her
Majesty or restore any vessels, goods, and effects
alleged to be detained or seized in pursuance of the
principal Act or of this Act, and on restoring the
same to award such damages in respect of the deten-
tion and seizure of such vessel, goods, and effects, or
any of them, and of any person on board such vessel,
and in respect of any act or thing done in relation to
such detention or seizure, or in respect of any of
such matters, and in any case to make such order as
to costs, as, subject to the provisions of the principal
Act and this Act, the Court may think just.
For the purposes of the principal Act and this Act,
any Court mentioned in this section shall have the
same powers as are by sections 12 and 13 of the
principal Act (which sections relate to the issue
of Commissions for the examination of witnesses
and other matters relative to obtaining evidence)
vested in the Supreme Court of any of the Austra-
lasian colonies, and further all powers which such
Court has in the case of any vessel, goods, and
effects, or matter brought before it in the exercise
of its jurisdiction under any other Act or otherwise.
Adaptation of 35 and 36 Vict. c. 19, ss. 19 and 20, to this
Act.
5. Sections 19 and 20 of the principal Act, which
relate to proceedings instituted in and an award of
damages by a Vice-Admiralty Court in respect of the
seizure or detention of a vessel, shall, extend to any
such proceedings and award by the High Court of
Admiralty of England, and to any such proceedings
and award, either in that Court or any Vice-Admiralty
Court, in respect of the seizure or detention of any
goods or effects authorized by this Act to be seized or
detained.
Power for Her Majesty to exercise jurisdiction over British
subjects in islands of the Pacific Ocean. Office of High
Commissioner.
6. It shall be lawful for Her Majesty to exercise
power and jurisdiction over her subjects within any
islands and places in the Pacific Ocean not being
within Her Majesty's dominions, nor within the
jurisdiction of any civilized power, in the same and
as ample a manner as if such power or jurisdic-
tion had been acquired by the cession or conquest of
territory, and by Order in Council to create and con-
stitute the office of High Commissioner in, over, and
for such islands and places, or some of them, and by
the same or any other Order in Council to confer
upon such High Commissioner power and authority,
in her name and on her behalf, to make regulations
for the government of her subjects in such islands
and places, and to impose penalties, forfeitures, or
imprisonments for the breach of such regulations.
Power to Her Majesty to erect a Court of justice for British
subjects in the islands of the Pacific.
It shall be lawful for Her Majesty, by Order in
Council, to create a Court of justice with civil,
criminal, and Admiralty jurisdiction over Her Ma-
jesty's subjects within the islands and places to which
the authority of the said High Commissioner shall
extend, and with power to take cognizance of all
crimes and offences committed by Her Majesty's sub-
jects within any of the said islands and places, or
upon the sea, or in any haven, river, creek, or place
within the jurisdiction of the Admiralty; and Her
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ποΈ Text of the Pacific Islanders Protection Act Amendment, 1875
ποΈ Governance & Central AdministrationLegislation, Pacific Islanders Protection Act, 1875, Native Labourers, Seizure, Jurisdiction, High Commissioner
NZ Gazette 1875, No 72