The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1872-12-11
The British kidnapping Act.

Z Through the politeness of the Acting Com
3tnissioner and Consul-General for Great Britain,
we have been favored with copy of the Act of
the British Parliament (35 & sc Victoria, Chap.
@l9,) For the Prevention and Punishment of
Criminal 0utrages upon Natives Of the Islands
ain the Pacific Ocean," tshort title, The Kid
mapping Act, 1672.'9 The Preamble to the Act
is as follows Whereas criminal outrages by
British subjects upon natives of islands in the
Pacific not being in Her Majesty's dominious
nor within the jurisdiction Of any civilized power,
have of late much prevailed and increased, and
III is expedient to make further provision for the
prevention and punishment of such outrages."
The Act provides that it shall not be lawful for
any British vessel to carry native aborers of the
said Islands, not belonging to the crew of such
vessel unless the master thereof shall, with one
sufficient surety to be approved by the Governor
of one of the Australian Colonies. or by Brit
ish Consular officer appointed by Her Majesty to
reside in any Of the said Islands, or by any person
appointed by either of the above officers, have
entered into a bond in the penal sum of FIVE hun
bred pounds for tie faithful observance of the
requirements of the Act, and of the license to
|be given by the officer accepting the bond The
license infinitely describes the vessel, as to ton
mage, rig name painted on stern, color, &C.
the name of chief officer, number of officers
and crew, including surgeon, if any, the port
from whence she sails, to what place she is bound,
and at what points she intends to CALL the num-
Der Of laborers which the vessel will be allowed
to carry, the Island from which they are to be
taken, and the port to which they are to be trans
erred ; and is made only available for the voyage
and for the number Of days to be specified in the
license. 1t is left optional with the Governor or
Consular officer to grant the above license or not
after the bond is duly filed.
Sections 9, 10, IL and IL of the Act read as
follows:
g. If British subject commits any of the follow. /
ing offenses; that is to say,
l. Dccoys native of any of the aforesaid islands
for the purpose of importing removing such ma
tive into any island place other than that in I
which he was at the time of the commission of such
offense; carries away, confines, detaius any
such native for the purpose aforesaid, without his
consent, proof of which consent shall lie on the s
party accused:
=. SHIPS, receives, Oeta1ns, confines.
or assists in shipping, embarking receiving deain-
ing, combining, for the purpose aforesaid native
Of any of the aforesaid islands 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:
8. Contracts for the shipping, embarking, receiv-
ing, OBTAINING, confning board any vessel for
he purpose aforesaid any such native without his b
consent, proof OF which consent shall lie on the 81
party accused:
4 Fits out, mans, navigates equips, uses, employs,
cts takes on freight or hire any vessel or com
nands, or serves, or Is on board any such vessel b
with intent to commit that any one on board =
such vessel should commit, any of the ofeuses
lboye enumerated:
s. Ships, ladies' receives or puts on board, or con-
racis for the shipping, ading receiving or putting 4
IN board of any vessel money, goods or other art b
ces with the intent that they should be employed Is
n knowing that they will beemployed, in the com.
mission of any of the Oflenses above enumerated;
lie shall for each offense be guilty of felony and f.
ball be liable to be tried and punished for such rs
ebony in any Supreme Court of justice in any of tho
Australian Colonies, and SHALL upon conviction be
liable at the discretion of the Court TO the highest
enlistment other than capital punishment, or to ~
ny less punishment awarded for any felony by the b
aw of the Colony in which such offender shall be =
ried. b
ures the commission of any offense against this
Ict shall be liable to be tried and punished as q
rincipal offender. S,
Il Any offense against this Act may be described IS
y
elating to such oteDse, in where the mode of
rial requires such description, having been ~
ommited at the place where it wholly partly ~
ommitted, or it may be averred generally to have s.
cen committed within Her Majesty's dominions *
nd the venue or local description in the margin NAV -
e that of the county, city, town, or place in which IS
be trial is held. q
12. In all cases of indictment or information laid 81
T exhibited in the Supreme Court Of any of the e.
australian Colonies for any Uense under this Act ~
uch Supreme Court, upon motion to be made on be- E
elf OF the prosecutor or accused, may order COM y
lission commissions issue for the examination IS
witnesses upon oath, and TO receive proof at any II
lace places out of the Jurisdiction Of such Court ~
the matters charged in such indictment s.
T information; and the said Supreme Court is =
ereby required and authorized by the same or any IS
1bsequent order or orders to make such rules and M
i've such directions as to the time place and mode n
executing such commission or commissions, and -
to the notice thereof to be given to the party r.
used and TO the proper return of the dispositions
ken and the matters done Hereunder, as to the e
aid Court shall seem fitting aud proper, and the III
epostions being duly taken under such commission -
commissions and returned to the said Court shall -
C allowed and read as IL the witness so deposing x
ad been present, sworn and examined UiUd rocs at e
ny trial for such ofenses aforesaid in the said Isl
upreme Court, any law or usage to the contrary ~
hereof Notwithstanding
In all cases of indictment IN any Australasian 81
olony for any offence under this Act, the Gov
nor in Council of such Colony may authorize
I'd empower the commander of any of Her Maj 81
;ty's ships or vessels, or the master Of any ship
vessel trading with the inhabitants Of such isl