cease if and when arrangements are made for the deportation of the offender from the Protectorate.

PART IV.

30. Any person appearing to an Immigration Officer under this Ordinance to be over the age of 16 years shall be regarded as an adult for the purposes of this Ordinance.

31. The Commissioner may from time to time make, amend, and repeal rules for the better carrying out of the provisions of this Ordinance.

32. Any person who shall by false declaration obtain either for himself or for another person, neither being entitled thereto, any certificate or document intended to secure the entry into the Protectorate of any person in breach of the provisions of this Ordinance, and any person who may fraudulently use any such certificate or other document, shall be guilty of a contravention of this Ordinance.

33. The following shall be contraventions of this Ordinance :(a) Assisting any prohibited immigrant to enter the Protectorate, or knowingly being a party to the introduction of any person of the class (e) of Section 5 hereof.

(b) Aiding or abetting a prohibited immigrant or any other person in any contravention of this Ordinance or of any Rules for the time being published hereunder.

(c) Resisting or obstructing, actively or passively, any Immigration Officer in the execution of his duty.

(d) Wilfully disobeying or disregarding any obligation imposed by or any lawful order made under this Ordinance or the Rules for the time being published hereunder.

34. Every person guilty of a contravention of this Ordinance. or of any Rule for the time being published hereunder shall, where no penalty is expressly imposed, be liable to a fine not exceeding 750 rupees or, in default of payment thereof, imprisonment with or without hard labour for a period not exceeding six months, or he may be sentenced to such imprisonment without the option of a fine.

35. Any penalty incurred by the master of a ship shall be paid before the ship's clearance is granted. Notice in writing by the Immigration Officer to the Collector of Customs of any claim against the master, owners or agents of a ship for a penalty shall be a sufficient authority to him to refuse the ship's clearance until such order is withdrawn or is set aside by the order or judgment of a Court. Such a notice to the Port Officer or Harbour Master shall be authority to him to refuse to take a ship or allow it to go outside the port to any outer anchorage. When such notice is given the Immigration Officer shall with all speed inform the Principal Immigration Officer and take all such steps as may

be necessary in order that proceedings in respect of the contravention may be instituted without loss of time.

36. The enforcement of any money penalty may be either by criminal prosecution or by civil action at the instance of the Immigration Officer. All contraventions of this Ordinance or of the Rules for the time being published hereunder for which no special punishment is awarded, or for which no greater punishment than a penalty of 1,500 rupees or imprisonment with or without hard labour is imposed, shall be cognizable in the Court of any magistrate of the first class who may in respect of any such contravention impose a penalty or punishment up to the said limits. Such imprisonment may in any criminal prosecution be awarded either absolutely or in default of the payment of a penalty. Notwithstanding the foregoing provision the magistrate of the first class having jurisdiction at any port where a ship is detained under authority of this Ordinance shall have jurisdiction in any civil suit wherein a penalty not exceeding 7,500 rupees is claimed from the master or owners or agents of the ship.

J. HAYES SADLER,

Nairobi, August 5, 1906.

His Majesty's Commissioner.

SCHEDULE A.

THE EAST AFRICA PROTECTORATE 1MMIGRATION RESTRICTION
ORDINANCE, 1906.

(To whom it may concern.)

This is to certify that the person hereunder described is a fit and proper person to be received as an Immigrant into the East Africa Protectorate.

Dated at

SCHEDULE B.

THE EAST AFRICA PROTECTORATE IMMIGRATION RESTRICTION
ORDINANCE, 1906.

I (state rank, country, and where stationed) hereby certify that the bearer (name) is a subject and that he (or she) is a fit and proper person to be received as an Immigrant into the East Africa

Protectorate.

ORDINANCE of the Government of Fiji to amend "the Polynesian Immigration Ordinance, 1888."*

[No. 4.]

I assent.

[May 11, 1906.]

[L.S.] EVERARD IM THURN:

17th May, 1906.

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 Polynesian Immigration Amendment Ordinance, 1906."

"The

The Public Trust Account and Polynesian Immigration Fund. 2. Sections 75, 76, 77, 78 and 79 of "The Polynesian Immigration Ordinance, 1888,"* (hereinafter called the principal Ordinance) are hereby repealed.

3. From and after the passing of this Ordinance the Public Trust Account and the Polynesian Immigration Fund provided for in the principal Ordinance shall cease and the ReceiverGeneral shall pay into general revenue the balances standing to the credit of the said account and fund.

4. All charges heretofore borne by the said account and fund, including the cost of returning immigrants to the place where they were recruited and the payment to immigrants of moneys * Vol. LXXXIV, page 1207.

(M 81)

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paid before the passing of this Ordinance on their behalf by employers into the said account as wages shall be borne by the general revenue of the Colony.

Wages.

5. Sections 117 and 118 of the principal Ordinance are hereby repealed.

6. All wages agreed to be paid on behalf of an indentured immigrant shall be paid by the employer to the magistrate of the district in which such immigrant is indentured to serve in the following manner (that is to say) :-Six months after the execution of the indenture or reindenture he shall pay one half of the annual amount which he shall have agreed to pay on behalf of such immigrant and he shall pay a like sum to such magistrate on the expiration of each succeeding period of six months until he shall have paid to such magistrate the full amount of wages due to such immigrant.

7. On the receipt of any sum in pursuance of the preceding section the magistrate shall pay to the immigrant in respect of whom the sum has been paid such part thereof not exceeding one quarter as such immigrant may desire and shall transmit the balance to the Receiver-General to be credited to an account to be called the Polynesian Wages Account.

8. All sums credited to the Polynesian Wages Account shall be applied in payment of wages and for no other purpose and shall be paid by the Agent-General to the immigrants on whose behalf they have respectively been paid on the expiration of such immigrants' indentures or reindentures. Provided that the AgentGeneral shall withdraw from the said Polynesian Wages Account and pay into general revenue any sum, that remains unclaimed for five years after it became payable to any immigrant.

9. On the payment of any wages to a magistrate as aforesaid the person making such payment shall make out a list in triplicate in accordance with the Form contained in the Schedule hereto which shall contain the name and registered number of any immigrant on whose behalf any such payment shall be made and the name of the vessel on which any such immigrant may have been introduced and the name of the plantation on which such immigrant may have been indentured to serve and the amount of wages due to every such immigrant. The magistrate shall on the receipt of any payment above mentioned certify on such lists that such payment has been made and shall deliver one of the lists to the person making the payment and of the other two after specifying on them any payment he may have made to any such immigrant and the balance due to such immigrant he shall transmit one to the Agent-General of Immigration and one to the Receiver-General.

10. Section 120 of the principal Ordinance is hereby repealed.

Return-Passages.

11.-(1.) Notwithstanding anything contained in section 80 of the principal Ordinance an immigrant introduced into the Colony after the coming into operation of this Ordinance shall not be entitled to a free return-passage unless he exercises the right thereto within 10 years after the date when the right first accrued.

(2.) Provided that a child of such immigrant if introduced into the Colony with his or her parent shall be entitled to claim a free return-passage at any time until he or she reaches the age of 24 years and provided further that a child of such immigrant if born in the Colony shall be entitled to a free passage until he or she reaches the age of 12 years.

Extension of Indentures.

12. (1.) Section 121 of the principal Ordinance is hereby amended and shall be read as if after the words "by reason of the" and before the words "proceedings taken" the words "offence and " were inserted.

(2.) Section 122 of the principal Ordinance is hereby amended and shall be read as if after the words "by reason of the and before the words " proceedings and sentence "the word "offence " were inserted.

(3.) Section 123 of the principal Ordinance is hereby amended and shall be read as if for the words "proportionate to the period of service which would have been lost by the immigrant undergoing the imprisonment" the words "equal to the amount of fine paid by the employer" were inserted.

(4.) Section 126 of the principal Ordinance is hereby amended and shall be read as if between the words "employer" and "proportionate" the words "or an extension of the period of indenture of such immigrant were inserted.

(5.) Section 127 of the principal Ordinance is hereby amended and shall be read as if between the words deduction" and

66

"aforesaid" the words or extension were inserted.

Temporary Transfers.

13. Notwithstanding anything contained in the principal Ordinance the Agent-General or European stipendary magistrate of the district in which an immigrant is indentured to serve may from time to time permit any immigrant to be removed from the plantation on which he is indentured to serve to any other plantation belonging to the same employer. The European stipendiary magistrate shall forthwith report to the Agent-General every permission he may give in pursuance hereof and such permission shall be liable to be revoked by the Governor.

(M 81)

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