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Immigration Ordinance, and includes the descendants of such immigrant.
"Magistrate ” means an European Stipendiary Magistrate.
The “master” of any vessel means the person in charge thereof for the time being
“ Vessel” includes anything made for the conveyance by water of human beings or property.
2. It shall not be lawful for any Indian or Polynesian immigrant to emigrate from Fiji to any foreign country or possession otherwise than under the following conditions :
(a.) That a Convention with Her Majesty's Government, or a law allowing emigration to such foreign country or possession from British India, shall be in operation ;
(6.) That a contract shall have been entered into between such Indian or Polynesian immigrant and his employer as hereinafter prescribed ;
(c.) That a passport shall have been obtained by such Indian or Polynesian immigrant as hereinafter prescribed.
3. The fact that emigration from British India is permitted as aforesaid may be proved by the production of a copy of any law to that effect, or of a copy of the “ Government Gazette ” of India, setting forth such fact, and any such copy may be received in evidence if it purport to be printed by the Government printer of any Presidency of India, and the suspension of such emigration to any place may be proved in the like manner.
4. Every Indian or Polynesian immigrant about to emigrate to any foreign country or possession to which emigration is permitted by this Ordinance shall enter into a contract with his intended employer before a Magistrate, and no such contract shall be passed unless the Agent-General of Immigration shall signify in writing to the Magistrate his consent to the terms of such contract, and unless such intended employer shall give such security as to the Magistrate may seem reasonable for the due performance on his part of such contract.
5. After having entered into a contract as aforesaid, and before embarking, the Indian or Polynesian immigrant shall apply to the Agent-General of Immigration for a passport, which passport shall only be issued with the special authority of the Governor.
The Governor shall have power to refuse authority for the issue of such passport if the refusal be deemed by him to be proper in the interest of the intending emigrant.
For every such passport the Agent-General of Immigration shall charge a fee of 1s.
6. Nothing in this Ordinance shall apply to the departure from Fiji on board of any vessel of any Indian or Polynesian immigrant
for the bona fide purpose of serving as one of the crew of such vessel, or for the bona fide purpose of serving as a domestic servant only.
Provided such Indian or Polynesian immigrant shall in either case bave previously received a passport as aforesaid from the Agent-General of Immigration.
7. Any Indian or Polynesian immigrant who shall emigrate or attempt to emigrate from Fiji in breach of the provisions of this Ordinance shall be liable to a fine not exceeding 21., or to imprisonment, with or without hard labour, for any term not exceeding one month.
8. Any person who shall procure, induce, enable, or assist, or attempt to procure, induce, enable, or assist, any Indian or Polynesian immigrant in Fiji to emigrate to any foreign country or possession, emigration to which is not permitted as aforesaid, or who shall procure, induce, enable, or assist, or attempt to procure, induce, enable, or assist, any Indian or Polynesian immigrant to emigrate or attempt to emigrate without such contract or passport as aforesaid, shall be liable to a fine not exceeding 501. in respect of every such Indian or Polynesian immigrant, and, in default of payment, to imprisonment, with or without hard labour, for any term not exceeding three months.
9. Any master of any vessel who shall suffer any Indian or Polynesian immigrant to embark on board the vessel whereof he is the master in breach of the provisions of this Ordinance for the purpose of emigrating, shall be liable to the penalties prescribed in the preceding section.
10. The Agent-General of Immigration or any Inspector of Immigrants, any officer of customs or of police, may, without warrant, visit and inspect any vessel on which he has reason to suspect that any Indian or Polynesian immigrant has embarked in breach of the provisions of this Ordinance, and may, without warrant arrest, or cause to be arrested, any such Indian or Polynesian immigrant found on such vessel.
Any Indian or Polynesian immigrant so arrested may be detained in custody until he can conveniently be brought before a Magistrate, and any person bindering or obstructing any of the above-mentioned officers in such visit, inspection, or arrest, shall be liable to a fine not exceeding 201, or to imprisonment, with or without hard labour, for any term not exceeding three months.
11. All prosecutions under this Ordinance shall be heard and determined in a summary manner before a Magistrate.
12. The burden of proving that any Indian or Polynesian immigrant found on board any vessel is not in such vessel with the intention and for the purpose of emigrating, or is in such vessel for
the bona fide purpose of serving as one of the crew, or as a domestic servant, shall be upon the person charged with having committed any offence under this Ordinance.
13. This Ordinance may be cited for all purposes as "The Immigrants Emigration Ordinance, 1892.”
Passed in Council this 5th day of October, in the year of our Lord 1892
ORDINANCE of the Government of Fiji, to regulate the
Supply of Spirituous Liquor to Natives and others. [No. 19.]
[November 29, 1892.] (L.S.) JOHN B. THURSTON. Be it enacted by the Governor, with the advice and consent of the Legislative Council, as follows:
1. This Ordinance may be cited for all purposes as " The Liquor Prohibition Ordinance, 1892,” and Ordinances No. 24 of 1881, 7 of 1883, 15 of 1887, and 15 of 1888, are hereby repealed.
2. In this Ordinance the term “natives” shall include in its reference not merely aboriginal natives of Fiji, but aboriginal natives of any part of Africa, India, or Malaysia, or of any territory or island adjacent to Africa, India, or Malaysia, and every person wholly descended from such aboriginal native, and also aboriginal natives of any island in the Pacific Ocean, and every person wholly descended from such aboriginal natives, and the term “ liquor" shall mean any wine or other spirituous or fermented liquor, or any liquid used for drinking any portion of which is spirituous or fermented liquor, and the term Magistrate" shall mean an European Stipendiary Magistrate.
As to Natives.
3. It shall be unlawful for any native to have in his possession, or to drink, any liquor, and liquor in the possession of any native may be seized by any officer of the police. Any native offending against the provisions of this section shall be liable to a penalty not exceeding 101., and, in default of payment, to imprisonment, with or without hard labour, for any term not exceeding three months.
4. Any person, whether licensed to sell liquor or not, who shall
give, sell, supply, or in any way procure to or for any native, or shall aid or abet in any way in the giving, selling, supplying, or procuriug any liquor in any form or quantity to or for any native, shall be deemed to be guilty of an offence against this Ordinance, and, on conviction thereof in a summary manner, shall be liable, in addition to any penalty which may be incurred for the sale of such liquor without a licence, for a first offence to a fine not exceeding 501., or, in default of payment, to imprisonment for any term not exceeding three months, and for a repetition of such offence shall be liable to a fine aot exceeding 1001., or, in default of payment, to imprisonment for any term not exceeding six months, together with the forfeiture of any publican's packet or trader's licence where the person so giving, selling, supplying, or procuring, or aiding and abetting in the giving, selling, supplying, or procuring shall hold such licence.
5. When a person holding a licence for the sale of liquor has been twice convicted of an offence under this Ordinance, or where persons in his service or on his premises have been convicted so that two convictions for offences against this Ordinance shall have been established as committed in respect of liquor supplied from such premises, no licence to sell spirits or fermented liquor on the same premises shall be granted to him or any other person without the assent of the Governor on a special report of the licensing authority detailing the circumstances.
6. Nothing in this Ordinance shall be held to apply
(1.) To a minister of religion giving wine in conformity with any religious rites;
(2.) To a medical man prescribing or giving liquor in doses to a patient, for the purpose of curing or preventing disease or promoting restoration to health ;
(3.) To a person, not a publican or person employed by him, who shall gratuitously prescribe or give liquor as a medicine in case of emergency or distress;
(4.) To a person supplying liquor to a native personally exhibiting an exemption granted to him by the Governor under the provisions of this Ordinance or of any native regulation;
(5.) To the domestic servant of any resident, such resident not being a native or half-caste, who shall bear a written and dated order from his employer for liquor for his employer's use : Provided that, in any prosecution under this Ordinance, the onus of proving that, at the time of supplying liquor to any domestic servant, such servant was in the employ of such a resident as aforesaid, and that the order upon wbich liquor was supplied was signed and dated by the employer purporting to sign it, shall be upon the publican or other person supplying such liquor.
7. Any order under sub-section 5 of the preceding section shall
be signed by the employer, who shall also enter upon it the date of the day of his delivering it to his servant, and the order shall have no effect beyond the day of its date. Every person supplying liquor upon any such order shall initial the same and retain it in his possession for three calendar months. All such orders shall be open to the inspection and examination of the Superintendent of Police or any officer appointed by him in that behalf, and any person supplying liquor to natives upon orders as aforesaid who shall neglect to initial and retain such orders, or who shall refuse to produce such orders when called upon so to do by the Superintendent of Police or other officer, shall, on conviction thereof in a summary manner, be liable to a penalty not exceeding 201., or, in default of payment, to imprisonment for any term not exceeding two months.
8. Every person shall be guilty of an offence under this Ordinance, and shall, on conviction thereof in a summary manner, be liable to imprisonment for any term not exceeding three months, who shall give or allow his name to be used, or shall make use of any name other than his own, for the purpose of procuring liquor for a native under pretext of any of the exceptions contained in this Ordinance.
As to Half-castes.
9. The term “half-caste” shall include in its reference any person either of whose parents has been of any of the races comprised within the term “native," as defined by this Ordinance, or any person either of whose parents has had a native parent.
10. The provisions of this Ordinance wbich apply to natives shall apply also to half-castes.
As to Persons of European Descent or others who are not Natives
or Half-castes. il. It shall be lawful for any Magistrate to prohibit any person, whether licensed to sell liquor or not, from giving, selling, or supplying liquor to, or from procuring liquor for, any person not included within the terms “native” or “half-caste," when such Magistrate shall be satisfied, on the application of any relative of the said person, or of the police, that such person is of confirmed intemperate habits. Such prohibition shall be issued in all cases where a person has been three times within the space of two years convicted of drunkenness. And any person other than a publican or person in his employment who shall, contrary to such prohibition, give, sell, or supply liquor, shall, on conviction in a summary manner,