ORDINANCE of the Government of the Colony of Southern Nigeria with regard to Destitute Persons landed or left behind in the Colony or Protectorate.

[No. 29.]

(L.S.) W. EGERTON.

[November 26, 1908.]

BE it enacted by the Governor of the Colony of Southern Nigeria, by and with the advice and consent of the Legislative Council thereof, as follows:

This Ordinance may be cited as "The Immigrant Paupers Ordinance, 1908."

2.--(a.) Whenever any person other than a native of West Africa arrives in the Colony or Protectorate under an engagement to serve any person, firm, company, association, or body of persons, in any capacity, and

(b.) Whenever any seaman is discharged from his ship in the Colony or Protectorate without the sanction of the Colonial Secretary, and without reasonable provision having been made as to his subsistence, or (not being a deserter) is wrongfully left behind in the Colony or Protectorate,

and within a period of six months from the date of such arrival or discharge, or being left behind, such person or seaman becomes destitute and unable to support himself or otherwise chargeable to the Colony.

Then in cases within clause (a) the person, firm, company, association, or body of persons with whom such engagement was made, and, in cases within clause (b) the master of the ship from which such seaman has been so discharged, or by whom he has been so left behind, shall, respectively, be liable to repay to the Government all costs and charges incurred by the Colony on his behalf, including hospital costs and charges and the cost of his removal from the Colony or Protectorate.

3. The master of any ship, British or foreign, which brings into the Colony or Protectorate any person other than a native of West Africa and other than a person under an engagement to serve any person, firm, company, association, or body of persons in any capacity (not having been shipwrecked) who, within one month from the time of his landing, becomes destitute of means of subsistence shall be liable to repay to the Government of the Colony all costs and charges incurred by the Colony on behalf of such person, unless such master shall satisfy the Court before which the claim for such costs and charges is prosecuted, that he made due enquiry and that he had reason to believe that such person was possessed of means of subsistence when he arrived in the Colony or Protectorate: Provided that where the person so brought into the Colony or Protectorate came as a stowaway, the master shall incur no liability to repay the said costs and charges in case such stowaway is promptly handed over to the

police on the arrival of the ship and no money or compensation in respect of such person's passage is paid or received.

And provided further that if such person becoming destitute as aforesaid has before or at the time of his landing either by himself or through the master, owner, agent or consignee of the ship deposited with the Treasurer of the place where he is landed such sum as the Treasury may determine* as security for any expenses which may be incurred by the Colony on his account, then the master of the ship shall not be under any further liability in respect of such person.

4. In the absence of the master of a vessel, or if such master shall depart from the Colony or Protectorate before repaying such costs and charges as are mentioned in the two preceding sections, the owner, agent, and consignee of such vessel at the time the person landed, or in the case of a seaman discharged or left behind, at the time of such discharge, or of his so being left behind, shall be liable to repay such costs and charges to the Government.

5. Such costs and charges shall be recoverable by suit as if an express agreement to repay them had been entered into with the Colonial Secretary by the person, firm, company, association, body, master, owner, agent, or consignee chargeable.

Passed in the Legislative Council this 26th day of November, in the year of our Lord 1908.

ORDINANCE of the Government of the Colony of Southern Nigeria to amend "The Immigrant Paupers Ordinance, 1908."†

[No. 6.]

(L.S.) J. J. THORBURN,

Acting Governor.

[March 4, 1909.]

BE it enacted by the Governor of the Colony of Southern Nigeria with the advice and consent of the Legislative Council thereof as follows::

1. This Ordinance may be cited as "The Immigrant Paupers (Amendment) Ordinance, 1909."

2. Section 3 of "The Immigrant Paupers Ordinance, 1908," is hereby amended by striking out the words "such sum as the Treasury may determine," and substituting therefor the

* See amending Ordinance No. 6 of 1909. Page 567.

+ Page 566.

words "such sum not exceeding 100l. as the Treasurer may determine."

Passed in the Legislative Council this 4th day of March, in the year of our Lord 1909.

NOTICE of the Government of Southern Rhodesia under "The Fugitive Criminals Surrender Ordinance, 1905," as amended by The Fugitive Criminals Surrender Amendment Ordinance, 1908."

[No. 306.]

[December 30, 1909.*]

UNDER and by virtue of the powers conferred upon me by Section 3 of "The Fugitive Criminals Surrender Ordinance, 1905," as amended by "The Fugitive Criminals Surrender Amendment Ordinance, 1908," I hereby direct that the said Ordinance as amended shall forthwith apply in the cases of the under-mentioned foreign States and their Protectorates, set forth in the accompanying Schedule, during the continuance of the arrangements made between His Majesty the King and the Rulers of such States under which the Protectorate of Southern Rhodesia is to surrender fugitive criminals to such States or their Protectorates.

ACT of the Government of Tasmania to prevent the Influx of Criminals into Tasmania, and to prevent certain Criminals from Remaining in or Returning to the said State.

[9 Edw. VII, c. 34.]

[December 22, 1909.]

BE it enacted by his Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

Preliminary.

1. This Act may be cited as "The Influx of Criminals Prevention Act, 1909," and shall commence and take effect on the 1st day of January, 1910.

2. In this Act

"Other State means State of the Commonwealth of Australia, not being the State of Tasmania and its dependencies; "Vessel" includes every description of ship or boat.

Prohibition as to Criminals.

3. If any person, other than a person who has been resident in this State at or prior to the commencement of this Act

(i.) Has, before or after the commencement of this Act, been convicted in any other State, or in any place beyond the limits of this State

(a.) Of an offence against the Commonwealth Act, intituled "The Immigration Restriction Act, 1901,"* by reason of his being a prohibited immigrant within the definition in section 3, subsection (e) or (f), of that Act, and being found within the Commonwealth in contravention or evasion of the said subsection (e) or (ƒ); or

(b.) On two or more occasions of an offence for which in such other State or place he was liable to suffer death, or to be imprisoned for one year or longer; and

(ii.) Comes into this State before the lapse of three years after the termination of any imprisonment suffered by him, or of any term of release or probation or of recognizance or suretyship to be of good behaviour in respect of any such offence— he shall be guilty of an offence against this Act.

4. If any master or other person commanding any vessel brings in such vessel to any port or place in this State any person who, to his knowledge, has been convicted in any other State, or in any place beyond the limits of this State, of any offence mentioned in paragraph (b) of the last preceding section, and has within three years prior to the arrival of such vessel at such port or place been released from any imprisonment suffered in respect of such offence, he shall be liable, on summary conviction to a penalty not exceeding 1007., or to imprisonment for any term not exceeding six months, or to both such penalty and imprisonment.

5. If any person having been convicted of an offence against this Act, and not having been discharged upon recognizance under this Act, remains in this State for a period of one month after the termination of any imprisonment suffered in respect of such offence, or having left returns to this State within three years after the termination of such imprisonment, he shall be guilty of an offence against this Act.

6. If any person having been convicted of an offence against this Act, and having been discharged upon recognizance under this Act, commits a breach of such recognizance, he shall be guilty of an offence against this Act, and the convicting Police Magistrate or Justices shall forfeit the recognizance entered into by the offender and his sureties.

7. If any person harbours or conceals any person whom he knows or believes to be guilty of an offence against this Act, he shall be liable, on summary conviction, to a penalty not exceeding

* Vol. XCV, page 198.