BANISHMENT AND CONDITIONAL PARDONS . [ 8 of 1882. ] 619
open Court, and reported forthwith to the Governor ; and such
person not finding such security shall be deemed a person
dangerous to the peace of the Colony.
3. The Governor in Council may, by order, prohibit any power to
person not being a natural born or naturalized subject of Her banish
years. for five
Majesty from residing or being within this Colony during any
space of time not exceeding five years, and may by the same or
any subsequent order, fix the time for the departure of such
person from the Colony. Every order made under this section
prohibiting any person froin residing or being within this Colony
shall contain a statement of the grounds upon which it is made.
It shall be in the discretion of the Governor in Council to order 1885.
f.10. ]# of
that the person namel in any such order, be detained in custody of
the Police until he leares the Colony, and such person may thereupon
be arrested, and shall be deemed to be under lawful arrest until he
leaves the Colony or until the final departure from the Colony of
any vessel in which he leares .
4. Every person who has been prohibited by order of the Penalty for
Governor in Council from residing or being within this Colony disobedience
of order of
for any space of time not exceeding five years under the banishment.
provisions of this or any other ordinance, and who without
lawful authority or excuse , the proof of which shall lie upon
him , is in this Colony after the date of such order, or after the
time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and
upon conviction thereof shall be lĩable to imprisonment, with or
without hard labour, for any period not exceeding one year :
provided that in all cases in which the prisoner when brought
before a Magistrate upon such charge shall plead guilty thereto ,
it shall be lawful for the Magistrate to deal summarily with the
case, instead of committing the prisoner for trial at the Supreme
Court.
5. The Governor may in his discretion grant to any oftender Governor may
convicted of any crime a pardon subject to either of thefollowing grant
subject patroon
conditions, as the case may be , viz .: that such offender shall certain
conditions.
quit the Colony and not afterwards be found at large therein ;
or that such offender shall , in lieu of a sentence of death which
may have been passed upon himn by any Court of competent
jurisdiction, suffer such term of imprisonment, with or without
hard labour, or penal servitude, as the Governor may think tit.
6. If any offender to whom a pardon has been granted either Breach of
before or after the passing of this ordinance, on the condition of conditional
his quitting the Colony, be afterwards found at large therein
without lawful authority or excuse, the proof whereof shall lie
upon him , he shall be guilty of a felony or of a misdemeanor,