the-ordinances-of-the-legislative-counci-1890v3 — Page 59

1342 ORDINANCE No. 5 OF 1874.


Chinese Emigration.


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 the master
alone.

Report to 2. The master of every ship arriving within the waters of the Colony and which
emigration
officer. shall be fitted out for the conveyance of Chinese emigrants shall, within twenty- four
[Ibid, sec. 5.]
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.
Powers and 3. The fittings of every ship mentioned in paragraphs 1 and 2 of this section shall
duties of
emigration be subject to the approval of the emigration officer, who is hereby empowered, at all
officer.
[Ibid, sec. 6.]
reasonable 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 .
Certificate of 4. No such ship shall clear out or proceed to sea until the master thereof shall
emigration
officer.
[Ibul, sec. 7.] have received from the emigration officer a certificate in the form contained in schedule
H to this Ordinance, and every such certificate shall be liable to a stamp duty of
twenty-five dollars.
Barricades and 5. All barricades and gratings apparently intended to be used, or which are capable
gratings pro
hibited.
[Ibid, sec. 8.] of being used for the purpose of confining Chinese emigrants below decks, or within
any particular part of a ship shall be deemed to be prohibited fittings within the
meaning of this section .

Other prohibited 6. It shall be lawful for the Governor , from time to time, by proclamation to be
fittings.
[Ibid , sec. 9.] inserted in the Gazette to prohibit the use or carriage in any ship of any other
description of fittings therein specified , and every such prohibition shall have the same
force or effect as if it were expressly enacted in this section.
Seizure and
forfeiture 7. All prohibited fittings wherever found within the Colony shall be seized and
thereof. shall be forfeited to the Crown in manner hereinafter mentioned.
Libid, sec. 10.]
Unlawful pos 8. Whoever shall, without lawful excuse (the proof of which shall lie on the
session, &c. of
prohibited accused), manufacture, purchase, sell, or have in his possession any prohibited fittings,
fittings.
[Ibid, sec. 11.]
shall be guilty of an offence against this section , and shall be liable to the punish
ment hereinafter prescribed .
Taking pro
hibited fittings 9. The owner, agent, or master of any ship intended for the conveyance of Chinese
on board, or
refusal to remove emigrants to be embarked at any port or place out of the Colony who shall knowingly
the same.
[Ibid, sec. 12.] permit any prohibited fittings to be taken on board such ship, or to remain therein