are transmitted for purposes of review or appeal under section 4 shall be kept at the office of the superintendent.

3. Whenever a sentence of imprisonment is imposed under the jurisdiction conferred by this Ordinance the superintendent or inspector (as the case may be) shall issue under his hand a warrant stating the name and passport number of the prisoner and the particulars of the sentence imposed and it shall be the duty of the keeper of every prison to receive the person named in the warrant into custody and to carry out the terms thereof save in so far as the same may be modified on review or appeal under section 4.

4.-(1.) All sentences imposed by a superintendent or inspector under the provisions of section 1 of this Ordinance shall be subject to review by or appeal to the Supreme Court in the same manner and under the same conditions as sentences imposed by a Court of Resident Magistrate are by law subject to review or appeal and the provisions of sections 39 to 42 inclusive of the Magistrates Courts Proclamation 1902 as amended from time to time shall mutatis mutandis apply in the case of such review or appeal.

(2.) It shall be the duty of the superintendent or inspector as the case may be after the imposition of any sentence of imprisonment which is not subject to review by the Supreme Court to forthwith transmit the records to the Attorney-General who may on consideration of such records confirm, set aside, alter or reduce any such sentence as justice may require and may correct the proceedings in the case and when it shall appear necessary or proper may remit such proceedings to the superintendent or inspector who tried such case with such instructions relative to further proceedings as he may think fit to give.

5. It shall be the duty of every such employer of labourers as aforesaid to provide upon the mine a secure lock-up approved by the superintendent in which labourers arrested for any offence triable under this Ordinance may be confined until trial and every such lock-up shall for the purposes of Article 14 of Law No. 14 of 1880 be deemed to be a gaol.

6.*—(1.) It shall be the duty of every importer to divide the labourers employed by him on any mine into so many gangs or sections as he may think necessary for the proper conduct of work and for the maintenance of discipline and good order and to appoint a labourer (hereinafter referred to as a head boy) in charge of each gang or section. The name and passport number of each such head boy shall be notified by the importer to the superintendent and thereupon it shall be the duty of such head boy to report forthwith to the manager of the mine at which he is employed any offence committed by any labourer in his gang or section and on failure to do so he shall be guilty of an offence against the said Ordinance and shall be liable on conviction to a fine not exceeding £5. (2.) The superintendent may with the approval of the LieutenantRepealed by Ordinance No. 12 of 1906, page 834.

Governor whenever such offence is not forthwith reported as aforesaid impose a fine (called a collective fine) on all the labourers. in such gang or section and such fine shall be equally apportioned among such labourers and notified to their employer whose duty it shall be to deduct the amount due by any labourer who fails to pay it within seven days after such apportionment as aforesaid from the wages due or to become due to such labourer and to pay it over to the superintendent for the benefit of the Colonial Treasury.

The amount payable by each labourer shall not exceed £1.

(3.) Any importer refusing to carry out the duty imposed on him under sub-section (1) of this section shall be guilty of an offence against the said Ordinance and shall on conviction be liable to a penalty of £100 for every day he is in default.

7. The superintendent may with the consent of the importer or in case the importer does not consent on the direction of the Lieutenant-Governor after hearing both the superintendent and the importer order the return to the country of origin and may cancel the contract of employment and take all necessary steps for such return at the expense of the importer of any labourer who he has reasonable grounds for believing is a danger to the exercise of the proper control of labourers on any mine and in the exercise of the powers of this section the provisions of section 28 sub-section (4) and (5) of section 29 and sub-section (2) of section 33 of the said Ordinance shall apply.

8. Section 31 of the said Ordinance shall be and is hereby amended by the addition thereto of the following sub-sections:"(15.) Any labourer who shall obtain by purchase, barter or otherwise or be in possession of gum opium, extract of opium, poppies or preparation of poppies shall be liable on conviction to a fine not exceeding £20 and in default of payment to imprisonment with or without hard labour for a period not exceeding three months or to such imprisonment without the option of a fine and the Court may order any such substance so obtained to be seized and forfeited."

"(16.) Any person who shall sell, barter, give or otherwise supply to a labourer any gum opium, extract of opium poppies or preparation of poppies except for medicinal purposes shall be liable on conviction to imprisonment with or without hard labour for a period not exceeding three months and in addition thereto to a fine not exceeding £100 and the Court may order any such substance found on the premises of the person convicted to be seized and forfeited. In any charge preferred under this sub-section it shall not be necessary to set out the name of any labourer to whom any substance mentioned therein is alleged to have been sold, bartered, given or otherwise supplied and it shall be sufficient to allege that such sale, barter, gift or supply was effected to a labourer introduced into this Colony under "The Labour Importation Ordinance, 1904," and the burden of proving that such

sale, barter, gift or supply was effected to a labourer so introduced unknowingly or that the substance supplied to such labourer was required for medicinal purposes shall be upon the accused."

"(17.) Any labourer who shall practice any fraud or deception in the performance of any work which he is bound to perform or who shall wilfully or negligently lose, throw away or damage the property of his employer or who shall use threatening or insulting language towards his employer or towards anyone placed in lawful authority over him shall be liable to a fine not exceeding £5 or to imprisonment not exceeding one month or to both such fine and such imprisonment."

9. Whenever an offence is alleged to have been committed under the said Ordinance or any Regulations thereunder by an importer or employer and such importer or employer is a company any secretary, manager or director of such company who is resident within this Colony shall be deemed to be an importer or employer for purposes of or connected with criminal procecdings for such alleged offence.

10. It shall be lawful for any private white person to arrest without warrant any labourer found outside the Witwatersrand District and it shall be the duty of the person making such arrest to deliver over such labourer to the police authorities at the nearest police station.

The person making such arrest and delivering over the person arrested at such police station as aforesaid shall be entitled to be paid by the officer in charge thereof for loss of time and reasonable expenses incurred in connection with such arrest and such payment shall be made according to a tariff framed by the AttorneyGeneral.

11. Any importer may make rules with the approval of the superintendent for the proper observance by labourers of sanitary precautions. Such rules when approved by the superintendent and posted up on the premises of such importer in both the English and Chinese languages shall have the same force and effect as Regulations made under section 29 of the said Ordinance and any labourer contravening such rules shall be liable on conviction to a penalty not exceeding £1 and in default of payment to imprisonment with or without hard labour for a period not exceeding seven days.

12. Sub-section (2) of section 31 of the said Ordinance shall be and is hereby amended by the deletion of the words "the penalties provided in section 6" in the last line of the said section and by the insertion in lieu thereof of the words "a fine not exceeding £100 and in default of payment to imprisonment for a period not exceeding six months."

13. The Lieutenant-Governor may from time to time make alter and repeal regulations as to the manner in which persons may be summoned as witnesses at any trial held by the superintendent or inspector under the powers of this Ordinance the procedure on such

trials and for the better carrying out the objects and purposes of this Ordinance.

14. This Ordinance may be cited for all purposes as "The Labour Importation Amendment Ordinance, 1905," and shall be read as one with "The Labour Importation Ordinance, 1904.".

66

ORDINANCE of the Government of the Transvaal to apply The Foreign Enlistment Act, 1870," of the Imperial Parliament to that Colony.-[Assented to, July 4, 1906.]

[No. 1.]

[Promulgated July 13, 1906.] WHEREAS doubts have arisen whether "The Foreign Enlistment Act, 1870," extends to such territories as became part of the dominions of the Crown subsequent to the passing of such Act;

And whereas the Transvaal became part of the dominions of the Crown on the 1st day of September, 1900;

Be it enacted by the Lieutenant-Governor of the Transvaal with the advice and consent of the Legislative Council thereof as follows:

1. The Act of the Imperial Parliament known as "The Foreign Enlistment Act, 1870," the terms of which are set forth in the Schedule hereto is hereby declared to extend to the Transvaal and shall come into operation therein on a date to be fixed by Proclamation of the Governor in the Gazette.*

"The

2. This Ordinance may be cited for all purposes as Foreign Enlistment Act, 1870 (Application to Colony) Ordinance,

1906."

SCHEDULE.

An Act of the Imperial Parliament to regulate the conduct of Her Majesty's subjects during the existence of hostilities between Foreign States with which Her Majesty is at peace. (9th August, 1870.) [See Vol. LX, page 278.]

By Proclamation No. 84 (Admn.) of 1906, Gazette, 28th September, 1906, the Act was put into operation as from the date of publication of such Proclamation in the Gazette.

(M 81)

3 H

ORDINANCE of the Government of the Transvaal to further amend "The Labour Importation Ordinance, 1904 "* and to amend "The Labour Importation Amendment Ordinance, 1905." [Assented to, August 9, 1906.]

[No. 12.]

[Promulgated August 17, 1906.‡] BE it enacted by the Lieutenant-Governor of the Transvaal with the advice and consent of the Legislative Council thereof as follows:

1. Section 29 of "The Labour Importation Ordinance, 1904," shall be and is hereby amended by the addition thereto of the following new sub-section :

"(15.) For the prevention of gambling and of the possession of gaming appliances by labourers whether in or outside any mine or compound."

and the provisions of section 30 of the said Ordinance shall apply to such new sub-section.

2. Sub-section (3) of section 1 and section 6 of "The Labour Importation Amendment Ordinance, 1905," shall be and are hereby repealed.

"The

3. This Ordinance may be cited for all purposes as Labour Importation Amendment Ordinance, 1906," and shall be read as one with "The Labour Importation Ordinance, 1904," and "The Labour Importation Amendment Ordinance, 1905."

ORDINANCE by the Commissioner of Weihaiwei to provide for Dealing in Prepared Opium.

[No. 4.]

[September 2, 1905.]

(L.S.) J. H. STEWART LOCKHART, Commissioner.

Be it enacted by the Commissioner of Weihaiwei as follows:1. This Ordinance may be cited as "The Prepared Opium Ordinance, 1905."

2. In this Ordinance

"Prepared Opium" means opium which has been subjected to any degree of artificial heat for any purpose whatever and includes dross opium, which is the opium prepared wholly or chiefly from the refuse produced by smoking opium.

* Vol. XCVII, page 516.

† See page 828.

By Section 50 (2) of the Letters Patent of December 6, 1906, providing for the Constitution of the Transvaal (page 840), "The Labour Importation Ordinance, 1904," and all Ordinances amending the same, were repealed as from the termination of the period of one year from the date of the first meeting of the Legislature.