Amended
16
2. Section 7 of "The Epidemic and Contagious Diseases Ordinance, 1903," is penalties. hereby amended by the substitution of the words "not exceeding £100 or a term of imprisonment with or without hard labour not exceeding one year or to both fine and imprisonment" for the words "not exceeding £10 or to a term of imprisonment not exceeding one month" occurring at the end of Sub-section (c) of the said Section.
Zomba, Nyasaland,
ALFRED SHARPE,
Governor.
17
have the honour to transmit six signed and sealed copies of rules made under Section 2 of the "Epidemic and Contagious Diseases Ordinance, 1903." with a view to preventing the entry of the sleeping sickness into Nyasaland.
I have, &c.,
ALFRED SHARPE,
Governor.
16th November, 1908.
Enclosure 2 in No. 5.
THE EPIDEMIC AND CONTAGIOUS DISEASES AMENDMENT ORDINANCE, 1908.
In accordance with Regulation 182 of the Revised Regulations for His Majesty's Colonial Service, I hereby state that, in my opinion, the assent of His Excellency the Governor may be properly given to the Ordinance entitled Epidemic and Contagious Diseases Amendment Ordinance, 1908,"
Blantyre, Nyasaland,
12 November, 1908.
CHARLES J. GRIFFIN,
The
Acting Attorney-General.
Enclosure in No. 6.
NYASALAND PROTECTORATE.
The Epidemic AND CONTAGIOUS DISEASES ORDINANCE, 1903, AND THE EPIDEMIC AND CONTAGIOUS DISEASES AMENDMENT ORDINANCE, 1908.
THE following rules made by the Governor under Section 2 of "The Epidemic and Contagious Diseases Ordinance, 1903," are published for general information.
A. JAY WILLIAMS,
Zomba, Nyasaland,
21st November, 1908.
Chief Assistant Secretary.
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
20 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
MEMORANDUM
on the Epidemic and Contagious Diseases Amendment Ordinance, 1908.
THE effect of this Ordinance is to amend the penalty provided by "The Epidemic and Contagious Diseases Ordinance, 1903.” The penalty provided in that Ordinance for breach of its provisions and of rules made under it was a fine not exceeding £10, or in default imprisonment for a term not exceeding one month. The present Ordinance increases the penalties to a fine not exceeding £100, or im- prisonment with or without hard labour for a term not exceeding one year, by both fine and imprisonment.
The explanation of the necessity for this great increase in the severity of the penal clause is to be found in the close approach to our frontiers of "sleeping sickness." Rules have been drafted and will be published without delay, pre- scribing the measures deemed necessary to safeguard this Protectorate against infection. I have advised His Excellency that the penalties which could be inflicted under "The Epidemic and Contagious Diseases Ordinance, 1903," were not adequate to enforce the absolute obedience to these rules which the situation demands, and that power should be taken to impose severer penalties. This Ordinance, on which all the members of the Legislative Council were at one, is the result. It may be pointed out as a safeguard against any undue severity (which, however, I do not anticipate) in the administration of this law, that all sentences of imprisonment exceeding six months or a fine exceeding £20 are subject to con- firmation by the High Court.
CHARLES J. GRIFFIN,
Acting Attorney-General.
Blantyre, Nyasaland,
3526
12 November, 1908.
(No. 336.)
MY LORD,
No. 6.
NYASALAND.
THE GOVERNOR to THE SECRETARY OF STATE. (Received 30 January, 1909.)
[Answered by No. 8.]
Government House, Zomba, Nyasaland Protectorate,
!
16 December, 1908. WITH reference to my despatch, No. 325, of the 11th of December, 1908,* I
• No. 5.
RULES. 1.-General.
1. The following words and expressions shall, unless the context otherwise requires, have the meanings hereby assigned to them:-
"
"
District "
means a district specified in Schedule I.
'Local authority" includes the Government Medical Officer or Officers. Medical Officer" means the Government Medical Officer or Officers or other medical practitioners thereto duly authorised to act by the Governor.
"Medically examined means examined by a Medical Officer as herein
defined.
2. For the purposes of these rules the area specified in Schedule II. are declared to be areas infected with "sleeping sickness," and hereinafter referred to as "infected areas. 29
3. In each district stations of entry shall be established at the places specified in Schedule III., and no person shall enter or leave a district save by one of such stations.
4.-(1.) Every person seeking to enter a district shall be detained at a station of entry, and shall be medically examined.
(2.) Every person who upon examination as aforesaid is certified as free from infection from human trypanosomiasis shall be given a special pass by the local authority, and shall forthwith be permitted to enter the district.
(3.) Every person who upon examination as aforesaid is certified as infected with human trypanosomiasis shall be detained at such place and for such period as the Governor may from time to time decide.
(4.) Provided always that in the case of a European seeking entry into a district he shall not be liable to examination as aforesaid, unless he fails to satisfy the local authority that he has not come from an infected area. The local authority
may require evidence on oath as to the locality whence such person has come, the route travelled, and such other particulars as are deemed fit. Upon failure to satisfy the local authority as aforesaid, he shall be liable to be detained and medically examined. Every European found upon medical examination to be infected with human trypanosomiasis shall be refused entry, and shall forthwith be required to leave the limits of the Protectorate under Section 2 (4) of "The Immigration Restriction Ordinance, 1905." Every such case shall be immediately reported to
the Governor.
5.
An European or Asiatic seeking entry into a district shall furnish the local authority at the station of entry at which he presents himself with a list of his employés accompanying him. provided.
Such employés shall be dealt with as in Rule 4
6. All natives and Asiatics desiring to leave the district shall be required to provide themselves with a pass signed by the local authority, and they shall be
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