1080
Having possession of forged Pass
What shall be custody or possession.
Stealing passes.
Failure to return cancelled pass.
Power to Governor in Council to order lanterns to be carried at night.
In certain cases persons in custody may be discharged without bail.
ORDINANCE No. 14 OF 1870.
Passes for Chinese.
20. Whosoever shall without reasonable excuse, the proof of which shall lie upon him, have in his custody or possession a forged or counterfeit pass, or a pass which shall have been unlawfully altered, knowing the same to be forged or counterfeit or to have been so altered, shall be guilty of a misdemeanor and on conviction thereof, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years with or without hard labor; and the custody or possession of a forged, counterfeit, or altered pass, under this section, shall include such custody and possession as is defined by section 1 of Ordinance No. 10 of 1865.
21. Whosoever shall steal or, for any unlawful purpose, take from its place of deposit for the time being, or from any person having the lawful custody thereof, any pass issued under this Ordinance, or shall, without reasonable excuse, the proof of which shall lie upon him, receive such pass, knowing the same to have been feloniously stolen or taken for any unlawful purpose as aforesaid, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years with or without hard labor.
22. Whosoever shall without reasonable excuse, the proof of which shall lie upon him, refuse or neglect to return on demand, any pass which shall be cancelled and called in under this Ordinance shall be liable on summary conviction thereof before a Magistrate, to a fine not exceeding one hundred dollars for every such pass.
Miscellaneous.
23. It shall be lawful for the Governor in Council whenever he shall deem it expedient by any order to be published in the Gazette from time to time to direct that all Chinese, or all Chinese not being holders of annual or special passes, who may have occasion to be about the city of Victoria after dark, shall within such hours as shall be specified in such order, carry or cause to be carried with them a lighted lamp or lantern; and every Chinese who, without reasonable cause, the proof of which shall lie upon him, shall be guilty of any violation of such order shall be liable on summary conviction thereof before a Magistrate to a fine not exceeding fifty dollars, or to imprisonment for any period not exceeding one month: Provided always that the requirements of any such order shall be deemed to be complied with, if one lighted lamp or lantern shall be carried for any number of persons belonging to the same party.
24. If any Chinese who may be taken into custody by reason of being found at large during such times as aforesaid without any pass, or without a lighted lamp or lantern in violation of any order of the Governor in Council under the last preceding section, shall show to the satisfaction of the inspector or other officer of Police taking the charge, that he is the lawful owner of a valid pass granted or issued under this Ordinance, or of a valid certificate of registration as a servant granted under Ordinance
1080
Having posses- sion of forged Pass
What shall be custody or pos- session.
Stealing passes.
Failure to return cancelled pass.
Power to Govern-
or in Council to
order lanterns to
be carried at night.
certain cases persons in cus- tody may be discharged without bail.
ORDINANCE No. 14 OF 1870.
Passes for Chinese.
20. Whosoever shall without reasonable excuse, the proof of which shall lie upon him, have in his custody or possession a forged or counterfeit pass, or a pass which shall have been unlawfully altered, knowing the same to be forged or counterfeit or to have been so altered, shall be guilty of a misdemeanor and on conviction thereof, shall be liable at the discretion of the Court to be imprisoned for any term not exceeding two years with or without hard labor; and the custody or possession of a forged, counter- feit, or altered pass, under this section, shall include such custody and possession as is defined by section 1 of Ordinance No. 10 of 1865.
21. Whosoever shall steal or, for any unlawful purpose, take from its place of deposit for the time being, or from any person having the lawful custody thereof, any pass issued under this Ordinance, or shall, without reasonable excuse, the proof of which shall lie upon him, receive such pass, knowing the same to have been feloniously stolen or taken for any unlawful purpose as aforesaid, shall be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years with or without hard labor.
22. Whosoever shall without reasonable excuse, the proof of which shall lie upon him, refuse or neglect to return on demand, any pass which shall be cancelled and called in under this Ordinance shall be liable on summary conviction thereof before a Magistrate, to a fine not exceeding one hundred dollars for every such pass.
Miscellaneous.
23. It shall be lawful for the Governor in Council whenever he shall deem it expedient by any order to be published in the Gazette from time to time to direct that all Chinese, or all Chinese not being holders of annual or special passes, who may have occasion to
about the city of Victoria after dark, shall within such hours as shall be specified in such order, carry or cause to be carried with them a lighted lamp or lantern; and every Chinese who, without reasonable cause, the proof of which shall lie upon him, shall be guilty of any violation of such order shall be liable on summary conviction thereof before a Magistrate to a fine not exceeding, fifty dollars, or to imprisonment for any period not exceeding one month: Provided always that the requirements of any such order shall be deemed to be complied with, if one lighted lamp or lantern shall be carried for any number of persons belonging to the same party.
24. If any Chinese who may be taken into custody by reason of being found at large during such times as aforesaid without any pass, or without a lighted lamp or lantern in violation of any order of the Governor in Council under the last preceding section, shall show to the satisfaction of the inspector or other officer of Police taking the charge, that he is the lawful owner of a valid pass granted or issued under this Ordinance, or of a valid certificate of registration as a servant granted under Ordinance
No comments yet.
Private notes are available after approval.