the-ordinances-of-the-legislative-counci-1890v3 — Page 58

ORDINANCE No. 5 OF 1874 . 1341


Chinese Emigration.


No Chinese passenger ship unless propelled by steam to clear between
April and September.

11. No Chinese passenger ship , unless a vessel propelled by steam, bound to any No Chinese
passenger ship
port westward of the Cape of Good Hope or to any port in Australia, New Zealand , to clear between
April and Sep
Oceania, or Tasmania shall be permitted to clear from any port in the Colony between tember. Ibid,
sec. 16.]
the months of April and September inclusive.
Unwilling emigrants.

12. It shall be lawful for the emigration officer at any time when he is satisfied Emigration
officer may land
that any emigrant who is unwilling to leave the port has been obtained by any fraud, any emigrant
who is unwilling
to leave the port
violence, or other improper means, to land such emigrant and procure him a passage and who has
been procured
back to his native place or that from which he was taken, and also to defray the cost of by any fraud, &c.
[Ibid, sec. 18.]
his maintenance whilst awaiting a return passage, and all such expenses with all legal
costs incurred shall be recoverable by the emigration officer before any Police Magis
trate from the emigration passage broker of the vessel in which such emigrant was
shipped or intended to be shipped.

2. Whosoever shall unlawfully either by force or fraud take away or detain against Punishment for
improperly
his will any man or boy with intent to put him on board a Chinese passenger ship and obtaining
emigrants.
whosoever shall with any such intent receive, harbor, or enter into any contract for [Ibid, sec. 19 ]

foreign service with any such man or boy knowing the same to have been by force or
fraud taken and obtained as in this paragraph before mentioned, shall be guilty of
felony and being convicted thereof shall be liable, at the discretion of the Court, to be
kept in penal servitude for any term not exceeding seven years and not less than three
years, or to be imprisoned for any term not exceetling two years with or without hard
labor.

Penalties for breach of Ordinance.

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

PART II.

EMIGRATION FROM PORTS OUT OF THE COLONY.

Emigrant ship fittings.

14. Before beginning to fit out any ship intended to be used for the conveyance Notice to
emigration
of Chinese emigrants to be embarked at any port or place out of the Colony, a notice officer.
[Ord . 3 of 1873,
sec. 4.]
to that effect shall be given in writing to the emigration officer, and such notice shall