Pacific Islanders Protection Act 1875
| Jurisdiction | UK Non-devolved |
| Citation | 1875 c. 51 |
| Year | 1875 |
Pacific Islanders Protection Act, 1875
(38 & 39 Vict.) CHAPTER 51.
An Act to amend the Act of the Session of the thirty-fifth and thirty-sixth years of the reign of Her present Majesty, chapter nineteen, intituled ‘An Act for the prevention and punishment of criminal outrages upon natives of the islands in the Pacific Ocean.’
[2d August 1875]
B E 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 Construction of Act and short title.
1. 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, shall 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.
2 Amendment of 35 & 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 Australasian 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 authorise the carrying in a British vessel of the said native labourers for the purpose of carrying on any fishery, industry, or occupation in connexion with the said vessel, and it is expedient to authorise the same: Be it therefore enacted as follows:
The license mentioned in sections three and five of the principal Act may authorise a British vessel to carry native labourers in such vessel for the purpose of carrying on any fishery, industry, or occupation in connexion 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.
3 Amendment of 35 & 36 Vict. c. 19. ss. 6 and 16. as to seizure of suspected British vessels.
3. Whereas by sections 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 provision: Be it therefore enacted as follows:
Where a British vessel may, under the principal Act, be detained, seized, and brought in for adjudication 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.
4 Jurisdiction of courts in regard to vessels, goods, and effects seized under 35 & 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 jurisdiction 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 vessel, goods, and effects alleged to be detained or seized in...
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