Pacific Islanders Protection Act 1872
| Jurisdiction | UK Non-devolved |
| Citation | 1872 c. 19 |
| Year | 1872 |
Kidnapping Act, 1872
(35 & 36 Vict.) CHAPTER 19.
An Act for the Prevention and Punishment of Criminal Outrages upon Natives of the Islands in the Pacific Ocean.
[27th June 1872]
Whereas criminal outrages by British subjects upon natives of islands in the Pacific Ocean, not being in Her Majesty's dominions, nor within the jurisdiction of any civilized power, have of late much prevailed and increased, and it is expedient to make further provision for the prevention and punishment of such outrages:
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:
1 Short title.
1. This Act may be cited as ‘TheKidnapping Act, 1872.’
2 Definition of terms.
2. The term ‘Governor’ shall include the officer for the time being administering the government of any of the Australasian Colonies, and ‘Governor in Council’ shall mean the Governor acting by and with the advice of the Executive Council of the Colony under his government:
The term ‘Australasian Colonies’ shall mean and include the colonies of New South Wales, New Zealand, Queensland, South Australia, Tasmania, Victoria, and Western Australia:
The term ‘vessel’ shall include a ship or boat:
The term ‘oath’ shall include any affirmation or declaration taken or made in lieu of an oath:
The term ‘master’ shall include any person for the time being in command or charge of a vessel.
3 No British vessel to carry native labourers unless the master has given a bond and received a license.
3. It shall not be lawful for any British vessel to carry native labourers of the said islands, not being part of the crew of such vessel, unless the master thereof shall, with one sufficient surety to be approved by the Governor of one of the said Australasian colonies, or by a British consular officer appointed by Her Majesty to reside in any of the said islands, or by any person appointed by either of those officers, have entered into a joint and several bond in the sum of five hundred pounds, to Her Majesty, her heirs and successors, in the form contained in Schedule (A.) to this Act annexed, or in such other form as shall be prescribed by the legislature of any of the Australasian colonies in respect of vessels sailing 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 Penalty of bond, how recoverable.
4. The said penal sum of five hundred pounds shall be due and recoverable notwithstanding any penalty or forfeiture imposed by this Act, and whether such penalties or forfeitures shall have been sued for and recovered or not.
5 Power to Governor and consular officer to grant licenses.
5. It shall be lawful for any such Governor or British consular officer as aforesaid, upon being satisfied 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 Seizure, &c. of vessels carrying native labourers without license, &c.
6. All the provisions of this Act with respect to the detention, seizure, bringing in for adjudication before any Vice-Admiralty Court, trial, condemnation, 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 without a license or in contravention of the terms of any license which may have been granted to the master thereof.
7 Penalty for carrying natives without a license.
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 Vessels complying with provisions of Colonial Acts not liable to seizure, &c.
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 control 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 without a license or in contravention of the terms of a license, shall not apply to any vessel which has complied with the regulations and conditions imposed by the said Queensland Act or by any other Act of a 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 Colonial courts empowered to try certain offences.
9. If a British subject commits any of the following 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, without 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, 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 on board any such vessel with intent to commit, or that any one on board such vessel should commit, any of the offences above enumerated:
5. Ships, lades, receives, or puts on board, or contracts for the shipping, lading, receiving, or putting on board of any vessel...
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