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act 012 of 1857 : Piratical Junks Straits Settlements Act, 1857 [Repealed]

Piratical Junks Straits Settlements Act, 1857 [Repealed]

ACTNO. 12 OF 1857
05 May, 1859
Not in force in India
Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 29th May 1857.)

An Act to authorize the arrest and detention, within the Ports of the Settlement of Prince of Wales' Island, Singapore, and Malacca, of Junks or Native Vessels suspected to he piratical.

PREAMBLE

Whereas there is reason to believe that certain Junks periodically visit the Ports of the said Settlement ostensibly for the purposes of trade, but in reality to equip, arm, and fit themselves out for the purpose of making piratical attacks on peaceful trading Vessels, in the vicinity of the Straits of Malacca, and elsewhere: It is hereby enacted as follows:

Section 1. Penalty for obstructing search or enquiry ordered by the chief Resident Civil Authority in respect of any Junk or Native Vessel

The Chief Resident Civil Authority of any Station of the said Settlement may, by an order in writing signed by him, at any time and as often as he shall deem it expedient, direct any public Officer to proceed on board any Junk or other Native Vessel being in any Port or place within, the limits of the said Station, and to search such Vessel, and to take an account of the armament thereof, and to make such further and other enquiry and investigation into the objects, pursuits, and movements of the Master or person in charge of such Junk or Vessel as the said Chief Civil Authority shall think fit; and any person who shall hinder, obstruct, or in any wise prevent such search, investigation, or enquiry, or shall obstruct such public Officer, or any person acting in his aid or assistance, in the discharge of his duty shall, on conviction before a Magistrate of Police, be liable to a fine not exceeding five, hundred Rupees, or to imprisonment, with or with out hard labor, for a term not exceeding six calendar months, or to both.

Section 2. Seizure and detention of any Junk or Native Vessel suspected to be piratical

Whenever it shall be proved, by oath or affirmation, to the satisfaction of the Chief Resident Civil Authority of any of the said stations, that there is reasonable cause to suspect that or vessel in any Port or place within the limits of the said Station is a piratical vessel, or belongs to pirates, or is intended to be used for piratical purposes or for the purpose of knowingly trading with or supplying pirates, he may, by an order in writing signed by him, cause such Junk or Vessel, together with her tackle, apparel, and furniture, arms, stores, and ammunition, and the goods and merchandize laden therein, or any portion thereof, to he seized and detained.

Section 3. Report of seizure and detention to the governor

Whenever any such Junk or Vessel, furniture, arms, stores, ammunition, goods, or merchandize, shall be seized and detained under the provisions of this Act, the Chief Resident Civil Authority shall report the circumstance, as soon as possible, to the Governor of the said Settlement, who shall give orders as to the detention or release of such. Junk or Vessel or other things so seized or detained.

Section 4. Penalty for Master or Crew refusing or neglecting to attend as witnesses, or giving false evidence

The Chief Resident Civil Authority at any of the said Stations may by order in writing signed by him, summon the Master, or person in charge, and any of the Crew, of any such Junk or Vessel which he may have reasonable cause suspect as aforesaid, or any other person, to attend before him, and to produce any document in his possession, and may examine such persons upon oath or affirmation to be administered by him, touching any matter which may appear to be material for the purpose of ascertaining whether the said Vessel is a piratical Vessel or belongs to pirates, or is intended to be used as aforesaid. Every person so summoned, who refuses or neglects to attend or make answer, or to produce any document in his possession, concerning the matters hereby authorized to be inquired into, or who wilfully gives false evidence or otherwise misbehaves in giving or refusing to give evidence, shall be liable, on conviction, before a Magistrate of Police, to a fine not exceeding five hundred Rupees, or to imprisonment, with or without hard labor, for a term not exceeding six calendar months, or to both.

Section 5. No Vessel, or property on board thereof, to be detained beyond six mother, unless proceedings commenced wither that time

No Vessel or other things seized or detained in pursuance of the provision herein contained, and no property on board thereof, shall he detained for a longer period than six months, unless within that time that time proceedings shall have been commenced for the condemnation thereof.

Section 6. Suspected vessels not to leave Port with in creased armament, &c

Whenever it shall be made to appear to the satisfaction of the Chief Resident Civil Authority of any of the said stations, that there are reasonable grounds to suspect that any Junk or Native Vessel is about to proceed to Sea from any Port or place within the said Station so manned, armed, equipped, furnished, or fitted out, as to afford reasonable ground to suspect that the said Vessel is intended for piratical purposes, it shall be lawful for the said Chief Civil-Authority to take such measures as may be necessary or proper to prevent such Vessel from proceeding to Sea from such Port or place, so long as the same is manned, armed, equipped, furnished, or fitted out beyond what he may deem sufficient for the due navigation and protection thereof as a Trading Vessel.

Section 7. No damages to be recovered for seizure on reasonable grounds of suspicion and Condemnation or restitution of Vessel

No damages shall be recovered for the seizure or detention of any Vessel or other thing in pursuance of this Act, if it shall appear that there were reasonable grounds to suspect the Vessel or other thing so seized or detained was piratical, or belonged to any pirate or pirates, or was intended to be used for piratical purposes or for the, purpose of knowingly trading with or supplying pirates; but whenever any Vessel or other thing shall be seized or detained under the provisions of this Act, proceedings may be taken in any Admiralty or Vice-Admiralty Court having jurisdiction over the place where the seizure was made, or in any division of such Court, for the condemnation or for the restitution of such Vessel or other thing; and if, in such proceeding, it shall appear to the Court that such Vessel or other thing was piratical, or belonged to pirates, or was intended to be used for piratical purposes, or for the purpose of knowingly trading with or supplying pirates, the same shall be forfeited and condemned without a previous conviction of the owner or of any other person of the crime of piracy.