ss. 1, 2. Pacific Islands. [Vol. VI.
PACIFIC ISLANDERS PROTECTION ACT, 1875.
(38 & 39 Vic, c. 51.)
AS AMENDED BY
The Statute Law Revision Act, 1883 (46 & 47 Vic. c. 39).
The Statute Law Revision (No. 2) Act, 1893 (56 & 57 Vic. c. 54).
The Statute Law Revision Act, 1898 (61 & 62 Vic. c, 22).
An Act to amend the Act of the Session of the thirty-fifth and thirty-sixth years of the reign of Her present Majesty, chaptey nineteen, intituled "An Act for the preventioii and punishment of crisminal c‘outrages upon natives of the islands in the Pacific Ocean."
[2nd August, 1875]
1. 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, shall be deemed to include this
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 ycar in
which it was passed.
For the Pacific Islanders Protection Act, 1872, see this title, ante.
2. Amendment of 35 & 36 Vict. c. 19 s. 3, as to the carrying in
British vessels of native labourers. Schedule B. Schedule A.-
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 Nzijesty
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
The Merchant Shipping Act, 1854, has been replaced by the Merchant
Shipping Act, 1894, title SHIPPING. to agreements engaging seamen, see ibid., ss. 113 et seq.
Pacific Islanders Protection Act, 1875 (Imperial). ss. 3-6,
3. Amendment of 35 & 36 Vict. c. 19 ss. 6 and 16. as to seizure of
suspected British vessels.
-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.
-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 pursuance of the principal Act
or of this Act, and on restoring the same to award such damages in
respect of the detention and seizure of such vessel, goods, and effects, or
any of them, and of any person on board such vessel, and in respect of
my act or thing done in relation to such detention or seizure, or in
respect of any 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 sectims
twelve and thirteen of the principal Act (which sections relate to the
issue of commissions for the examinatioii of witnesses and other matters
relative to obtaining evidence) vested in the Supreme Court of any of the
Australasian 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.
The reference to Vice-Admiralty Courts must now be read as to Colonial
Courts of Admiralty (Colonial Courts of Admiralty Act, 1890, S. 2 (3), title
5. Adaptation of 35 & 36 Vict. c. 19. ss. 19 and 20. to this Act.
Sections nineteen and twenty 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 authorised by this Act to be seized or detained.
Sec note to s. 4, ante.
6. Power for Her Majesty to exercise Jurisdiction over British
subjects in islands of the Pacific Ocean. Office of High Commissioner.-
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 jurisdiction had been acquired by the cession or conquest of territory,
s. 6. Pacific Islands.[Vol. VI.
and by Order in Council to create and constitute the office of High Com-
missioner 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 Majesty'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 subjects 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 Majesty may, by Order in
Council, from time to time direct that all the powers and jurisdiction
aforesaid, or any part thereof, shall be vested in and may be exercised
by the court of any British colony designated in such Order, concurrently
with the High Commissioner's court or otherwise, and may provide for
the transmission of offenders to any such colony for trial and punishment,
abd for the admission in evidence on such trial of the depositions of
witnesses taken in such islands and places as aforesaid, and for all other
matters necessary for carrying out the provisions of such Order in
Power to make ordinances.-
It shall also be lawful for Her
Majesty, by any Order or Orders in Council, from time to time to ordain
for the Government of Her Majesty's subjects, being within such islands
and places, any law or ordinance which to Her Majesty in Council may
seem meet, as fully and effectually as any such law or ordinance could be
made by Her Majesty in Council for the government of Her Majesty's
subjects within any territory acquired by cession or conquest.
High Commissioner to have powers of consular officer.-
for the time being lawfully acting in the capacity of High Commissioner,
and any Deputy Commissioner duly appointed and empowered under the
provisions of any such Order in Council as aforesaid, and acting under
the directions of the High Commissioner, shall have and may exercise and
perform any power, authority, jurisdiction, and duty vested in or
imposed upon any British consular officer by the principal Act or by
any other Act having reference to such consular officers, passed either
before or after the passing of this Act; and every such Act shall be
construed as if the said High Commissioner and Deputy Commissioner
were named therein in addition to a British consular officer.
So much of this section as authorises Her Majesty to confer Admiralty
jurisdiction on any court was repealed by the Colonial Courts of Admiralty Act,
1890, s. 18 and Second Sched., title ADMIRALTY.
Under the Western Pacific Commission a Eigh Commissioner exercises
jurisdiction over the islands in the Western Pacific, which are not within the
limits of the Colony of Fiji, the States of New South Wales or Queensland, or
the Dominion of New Zealand, or under the protection of any civilised power.
By PacFfic Order in Council, March 15, 1893, jurisdiction was extended to
foreigners and to some natives.
By the New Hebrides Order in Council, November 15, 1907, art. 9, jurisdic-
tion was extended t;o the New Hebrides, the Banks and Torres Islands; see also
the New Hebrides Order in Council (S.R. & 0. 1922, No. 717; 1923, No. 356).
Pacific Islanders Protection, ,Act, 2875 (Imperial). ss. 6-11.
The Protectorate formerly included the Tongan (or Friendly Islands) and
Savage Island (Nieue), but by S.R. & 0. 1901, No. 531, the boundaries of New
Zealand were extended to include islands o f the Cook group and Nieue.
7. Saving of rights of tribes.-
The Gilbert and Ellice Islands Proteetorate was annexed and made a colony
by the Gilbert and Ellice Islands Order in Council, 1915 (S.R. & 0. 1915, TII,
p. 315) ; see also Orders in Council, January 27, February 29, 1916 (S.R. & 0.
1916, Nos. 99, 167) ; Order in Council, 1919 (S.R. 8; 0. 1919, No. 773).
As to determination of the question whether a place is an island in the
Pacific Ocean not being within His Majesty's Dominions or within the
jurisdiction of :my civilised power, see R. v. 770s (1895), 6 Q.L.J. 215.
Nothing herein or in any such Order
in Council contained shall extend or be construed to extend to invest Her
Majesty, with any claim or title whatsoever to dominion or sovereignty
over any such islands or places as aforesaid, or to derogate from the
rights of the tribes or people inhabiting such islands or places, or of
chiefs or rulers thereof, to such sovereignty or dominion, and a copy
of every such Order in Council shall be laid before each House of
Parliament within thirty days after the issue thereof, unless Parliament
shall not then be in session, in which case a copy shall be laid before each
House of Parliament within thirty days after the commencement of the
next ensuing session.
This section is printed as amended by the Statute Law Revision Act, 1898
(01 & 63 Vie. e. 22).
8. Amendment of definitions in 35 & 36 Vict. c. 19.--
"Australasian colonies" in the principal Act and this Act shall mean
and include the colony of Fiji.
Subject to the provisions of any Act or ordinance passed by the
Legislature of the colony of Fiji, the provisions of the principal Act and
this Act shall continue to apply and be deemed always to have continued
to apply to natives of Fiji in like manner as if they were natives of
islands in the Pacific Ocean not being in Her Majesty's dominions nor
within the jurisdiction of any civilized power.
9. Alteration of Forms.-
The forms in the schedules to the
principal Act shall be altered by the substitution of a reference to the
Pacific Islanders Protection Acts, 1872 and 1875, for the reference
therein to the principal Act.
10. Proclamation of Act.-
This Act shall be proclaimed in each
Australasian colony by the governor thereof within six weeks after a
copy of it has been received by such governor, and shall take effect in the
said colony from the day of such proclamation.
[11. This section, which was repealed, except as to any part of Her
Majesty's dominions out of the United Kingdom, by the Statute Law
Revision Act, 1883
(46 & 47 Vic. c. 39), repealed ss
. 1, 18 and
21 of The
Pacific Islanders Protection Act, 1872
Schs. A, B. Pacific Islands.[Vol. VI.
For application of this Schedule, see s. 2, ante.
Form of Bond to be entered into by Masters of Vessels under the "Pacific Islanders Protection Acts, 1873 and 1875."
Know all men by these presents. That we, A.B., of
, and C.D.,
, fire 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, and
administrators, and every of them, firmly by these presents. Sealed with our seals.
Whereas it is enacted by "The Pacific Islanders Protection Act, 1875," that a
license may be given by the Governor of one of the Australian colonies, as therein
defined, or a British consular officer, authorising 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:
Now the condition of their obligation is this, that if in respect of the vessel
, whereof the above bounden A.B. is master, all and every the require-
ments of the said Acts, so far as they are applicable thereto, and of the license issued
under "The Pacific Islanders Protection Act, 1875," to the said master shall be well
and truly performed, and if the above bounden A.B. shall satisfy the Governor of any
of Her Majesty 's Australian colonies, or the British consular officer aforesaid, that no
kidnapping was allowed or connived at by any person on board of or connected with
the said vessel during the currency of the said license, then this obligation is to be
void, otherwise to remain in full force.
} (L.S.) (L.S.)
Signed, sealed, and delivered by the above bounden A.B. and C.D. in the presence of E.P. of
For application of this Schedule, see s. 2, ante.
LICENCE for the Employment of Natives at Sea.
AB., master of the
, the vessel more particularly described below,
having shown to my satisfaction that he is engaged in the fishery [or industry or
occupation, as the case may be,] of
, in connexion with such vessel, and
having given the bond to Her Majesty required by the Pacific Islanders Protection
Acts, 1872 and 1875, I [the Governor of the colony of
, as the case may be,] do hereby, in exercise of the authority
for that purpose conferred on me by the said Acts, license the said vessel to employ in
the said fishery [or as the case may be
] not more than
native labourers from the
Should this vessel be found to answer the subjoined description, and appear to be
strictly engaged in the lawful pursuit of the above-mentioned object, it is the direc-
tion of Her Majesty's Government that she shall not be obstructed in the prosecution
of her present voyage, nor in the shipment, employment, or landing of her native
Pacific Islanders Protection Act, 1875 (Imperial). Sch B.
This license shall not be transferable, and shall be available only for the period
Description of the Vessel above referred to.
Tons (registered tonnage) .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Rig (i.e., ship, barque, brig, &c.) .. .. .. .. .. .. .. .. .. ..
How painted .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Name painted on stern .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Whether any poop .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Rig (i.e., ship, barque, brig, &e.) .. .. .. .. .. .. .. .. .. .. .
Whether any quarter galleries .. .. .. .. .. .. .. .. .. .. .. ..
Whether a top-gallant forecastle .. .. .. .. .. .. .. .. .. .. ..
Name of chief officer .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Number of officers and crow, including surgeon if any .. ..
, and intending to call at
Given under my hand and seal at
day of 18 .
Governor or' Consul [as the case may be].(L.S.)
To the respective flag officers, captains, and commanding officers of Her Majesty's ships, and to all others whom it may concern.