CO129-193 - Governor Hennessy - 1881 [5-7] — Page 300

zes

Punishment of

mitting any

Ordinance.

ORDINANCE No. 5 OF 1874.

Chinese Emigration.

Penalties for breach of Ordinance.

XIII. The owners or charterers of any Chinese passenger persons com- ship and any emigration passage broker and any intending breach of this emigrant by a Chinese passenger ship and any master or other person in charge of a Chinese passenger ship who shall fail to [Thid, sec. 21.] comply with or commit any breach of the provisions of part I of this Ordinance so far as they may respectively be bound there- by, and any person granting or knowingly uttering auy forged certificate, permit, notice, or other document under this Or- dinance shall, without prejudice to any other proceeding, civil or criminal, be liable upon summary conviction before a Ma- gistrate to a fine not exceeding five hundred dollars, or to imprisonment with or without hard labour for any term not exceeding six months.

Notice to Emigration Officer.

Ord. 3 of

PART II.

EMIGRATION FROM PORTS OUT OF THE COLONY. Enigrant ship fittings.

XIV. Before beginning to fit out any ship intended to be used for the conveyance of Chinese omigrants to be embarked at any port or place out of the Colony, a notice to that effect shall be 1879, sec. 4. given in writing to the Emigration Officer, and such notice shall be signed by the owner and master of such ship, or in the event of the owner not being resident within the Colony, by the agent and master thereof, and in case such notice shall not have been given, the owner and master, or the agent and master of such ship, as the case may be, shall be guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed: Provided always that where there shall be no agent of an absent owner in the Colony, the notice may be signed by

Report to Emigration Officer.

{Ibid, sec. 5.]

Powers and duties of

Emigration

Officer.

the master alone.

2. The master of every ship arriving within the waters of the Colony and which shall be fitted out for the conveyance of Chinese emigrants shall, within twenty-four hours, report the same to the Emigration Officer, and in case he shall neglect so to do, he shall be deemed guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed.

3. The fittings of every ship montioned in paragraphs 1 and 2 of this section shall be subject to the aproval of the Enigration Officer, who is hereby empowered, at all reason- [id, sec. 6.] able times, to go on board and search and inspect such ship and her fittings and to order any fittings which shall in his opinion be objectionable, to be forthwith removed; and any person who shall in any way impede or attempt to impede the Emigration Officer in the execution of this duty, shall be guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed.

ORDINANCE No. 5 or 1874.

Chinese Emigration.

4. No such ship shall clear out or proceed to sea until the Certificate of master thereof shall have received from the Emigration Officer a Emigration certificate in the form contained in schedule H to this Ordinance, Officer. and every such certificate shall be liable to a stamp duty of [Thid, sec. 7.1

twenty-five dollars.

5. All barricades and gratings apparently intended to be used, Barricades and or which are capable of being used for the purpose of confining gratings Chinese emigrants below decks, or within any particular part prohibited. of a ship shall be deemed to be prohibited fittings within the

Idid, sec. 8.] meaning of this section.

6. It shall be lawful for the Governor, from time to time, by Other prohi Proclamation to be inserted in the Gazette to prohibit the use

bited fittings.

or carriage in any ship of any other description of fittings [Ibid, sec. B.] therein specified, and every such prohibition shall have the same force or effect as if it were expressly enacted in this section.

7. All prohibited fittings wherever found within the Colony Seizure and shall be seized and shall be forfeited to the crown in manner forfeiture hereinafter mentioned.

thereof. [Zirid, sec. 10.]

8. Whoever shall, without lawful excuse (the proof of which Unlawful pos shall lie on the accused), manufacture, purchase, sell, or have in session, &e, of his possession any prohibited fittings, shall be guilty of an probibited offence against this section, and shall be liable to the punish-bid, sec. 11.]

fittings. ment hereinafter prescribed.

on board, or

9. The owner, agent, or master of any ship intended for the Taking pro- conveyance of Chinese emigrants to be embarked at any port or hibited fittings place out of the Colony who shall knowingly permit any pro-refusal to hibited fittings to be taken on board such ship, or to remain remove the therein after the same have been taken on board, or who shall same. refuse to remove forthwith any fittings which the Emigration [[bid, sec. 12.} Officer shall have ordered to be removed, shall be guilty of an offence against this Ordinance, and shall be liable to the punish- ment hereinafter prescribed, and all such last mentioned fittings shall, in case of such refusal as aforesaid, be seized and forfeited to the crown as in the case of prohibited fittings.

prohibited

10. If any such ship shall leave or attempt to leave the waters ship leaving of the Colony without the certificate required by paragraph 4, or without certi- shall leave or attempt to leave the waters of the Colony, having ficate or with on board any prohibited fittings, or any fittings which the. fittings. Emigration Officer shall have ordered to be removed, or any [Ibid, sec.13.] other fittings of a similar kind and description, in every such case the master of such ship, and the owner or agent if proved

to have sanctioned such leaving or attempting to leave as afore- said, shall be deemed guilty of an offence against this section, and shall be liable to the punishment hereinafter prescribed, and all such fittings shall be seized and forfeited to the crown, whether the same be prohibited fittings or not.

11. If any person shall make or attempt to make any frau- Fraudulent dulent use of a certificate granted under this section, or shall use of a forge, counterfeit, alter, or erase the whole or any part thereof, certificate. [[bit, sec. or shall use or attempt to use any spurious or fraudulent certifi-14.) cate, the person so offending, and every person aiding and abet-

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