1614 ORDINANCE No. 8 OF 1882.
Banishment and Conditional Pardons.
Security to 2. When any person not being a natural born or naturalized subject
appear within
twelve of Her Majesty having been convicted of any offence punishable by
months.
imprisonment has within twelve months after the expiration of any term
of imprisonment which he may have suffered for such offence been
convicted of any offence punishable by imprisonment such person may at
any time be required by any Magistrate to find reasonable security for
his appearance in any Court for any purpose, and at any time within
twelve months , and every adjudication to that effect shall be made in
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.
Power to 3. The Governor in Council may, by order, prohibit any person not
banish forfive
years. being a natural born or naturalized subject of Her 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 from residing or being within this
Colony shall contain a statement of the grounds upon which it is made .
[Amended by Ordinance No. 4 of 1885. ]
Penalty for 4. Every person who has been prohibited by order of the Governor
disobedience
of order of in Council from residing or being within this Colony for any space of
banishment.
time not exceeding five years under the 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 convic
tion thereof shall be liable 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.
Governor may 5. The Governor may in his discretion grant to any offender con
grant pardon
subject to victed of any crime a pardon subject to either of the following conditions ,
certain
conditions. as the case may be, viz .: That such offender shall 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 him by any