accused of any offence committed within the Colony may be retaken on an escape. 7. The Governor may at any time before the offender has been conveyed out of the Colony issue an order for his release from custody under this Ordinance, and thereupon the offender shall be forthwith discharged from such custody. 8. If any action is brought against any person whomsoever for anything done in obedience to or in furtherance or pursuance of the provisions of this Ordinance, the proof of any order or warrant issued under this Ordinance shall be a sufficient answer to such action, and the defendant on such proof as aforesaid shall be entitled to a verdict or judgment in his favour and shall also be entitled to his full costs of the action. 9. The powers conferred by this Ordinance upon the Governor may be exercised in Penang by the Resident Councillor and in Labuan by the Resident. 10. The forms in the schedules hereto with such variations and additions as circumstances may require may be used for the purposes of this Ordinance. To SCHEDULE 1. "The Foreign Offenders Detention Ordinance, 1908." Order to Magistrate. (Section 3.) Magistrate. Whereas requisition has been duly made to me, pursuant to the abovementioned Ordinance, for the apprehension and temporary detention in custody of now in this Colony,* committed the crime of within the territory of having You are hereby required to govern yourself according to the provisions of the above-mentioned Ordinance and to aid in apprehending the said offender; and for so doing this shall be your warrant. Given under my hand and seal at this day Whereas his Excellency the Governor by order under his hand and seal has signified that, pursuant to the above-mentioned Ordinance, requisition [1907-8. CI.] 3 M has been duly made to him for the apprehension and temporary detention of now in this Colony* having committed the crime of of apprehending the said offender. within the territory and has required the Magistrates to aid in This is therefore to command you forthwith to apprehend the said offender wherever he may be found in this Colony and to bring him before the Police Court at all other Police Officers of the Colony, and the Superintendent of Prisons. one of the Magistrates of this Colony, under the provisions of the abovementioned Ordinance; and whereas the evidence which has been shown to me is, in my opinion, sufficient to justify his committal to prison pursuant to section 5 of the above-mentioned Ordinance. This is therefore, to command you, forthwith to convey and deliver the body of the said into the custody of the Superintendent of Prisons, and you the said Superintendent of Prisons to receive the into your custody in the prison at said and him there safely to keep until he shall be thence delivered pursuant to the provisions of the above-mentioned Ordinance; and for so doing this shall be your warrant. Given under my hand and seal this day of , 19. Magistrate. SCHEDULE 4. "The Foreign Offenders Detention Ordinance, 1908.” Governor's Order of Delivery. was committed to prison under the provisions of the above-mentioned Ordinance; and whereas I have determined that the said shall be delivered unto being the person duly authorized by me to receive the said offender and to convey him from this Colony. * Charged with or convicted of. "The Foreign Offenders Detention Ordinance, 1908." By his Excellency the Governor. Whereas one (Section 7.) is now in your custody under the provisions of the above-mentioned Ordinance; and whereas it has been determined that no order shall be granted for the delivery of the said offender. You are hereby ordered to release the said custody under the above-mentioned Ordinance. Given under my hand and seal this from day of 19 Governor. ACT of the Government of the Transvaal to amend "The Immigrants Restriction Act, 1907."t [No. 38.] [Assented to August 22, 1908.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of the Transvaal, as follows: 1. Section 2 of "The Immigrants Restriction Act, 1907," shall be and is hereby amended by the deletion of paragraph (4) of the classes of persons excluded from the definition of "prohibited immigrant," and the substitution for such paragraph of the following new paragraph (h) :— "(h.) Descendants of the aboriginal races of Africa, south of the Equator, who, entering and remaining in this Colony as unskilled labourers, do not fall within subsections (3), (4), (5), (6), (7), and (8) of the definition of prohibited immigrant,' unless they so entered this Colony in contravention of the laws of the Colony or territory of their country of origin, or unless, having entered this Colony as unskilled labourers without having contravened those laws, they remain therein in contravention of those laws"; Here insert place or time of delivery or any other directions. 2. Section 6 of "The Immigrants Restriction Act, 1907,” shall be and is hereby amended by the deletion of paragraph (V), and both provisoes of the said section and by the addition at the end of paragraph (c) of the said section of the words: 66 Or having complied with the terms of such order subsequently re-enters this Colony without such written authority as may be prescribed by regulation." 3. This Act may be cited for all purposes as "The Immigrants Restriction (Amendment) Act, 1908," and shall not come into operation unless and until the Governor shall have declared by Proclamation in the "Gazette" that it is His Majesty's pleasure not to disallow the Act, and thereafter it shall take effect on such date as the Governor may by like Proclamation declare. ORDINANCE of the Governor of the Uganda Protectorate relating to Foreign Deserters. [No. 8.] H. HESKETH BELL, Governor. [May 21, 1908.] 1. WHEREAS it appears to the Governor that due facilities are or will be given by the Government of any foreign country for recovering and apprehending seamen who desert from British merchant-ships in that country, the Governor may, by notification stating that such facilities are or will be given, declare that this Ordinance shall apply in the case of such foreign country, subject to any limitations, conditions, and qualifications, contained in the notification. 2. Where this Ordinance applies in the case of any foreign country, and a seaman or apprentice, not being a slave, deserts when within the Protectorate from a merchant-ship belonging to a subject or citizen of that country, any Court, Justice, or officer that would have had cognizance of the matter if the seaman or apprentice had deserted from a British ship shall, on the application of a Consular officer of the foreign country, aid in apprehending the deserter, and for that purpose may, on information given on oath, issue a warrant for his apprehension, and, on proof of the desertion, order him to be conveyed on board his ship or delivered to the master or mate of his ship, or to the owner of the ship or his agent, to be so conveyed; and any such warrant or order may be executed accordingly. 3. If any person harbours or secretes any deserter liable to be apprehended under section 2, knowing or having reason to believe that he has deserted, that person shall for each offence be liable to a fine not exceeding 150 rupees. 4. The Governor may at any time by notification declare that any notification theretofore made with respect to the application to a foreign country of this Ordinance shall as and from a date specified cease to have effect, and this Ordinance shall as and from the said date cease to apply in the case of the foreign country named in that notification. 5. This Ordinance may be cited as "The Uganda Foreign Deserters Ordinance, 1908." Entebbe, May 21, 1908. H. HESKETI BELL, Governor. ORDINANCE of the Governor of the Uganda Protectorate to provide for the Surrender of Fugitive Criminals. [No. 9.] II. HESKETH BELL, Governor. Entebbe, June 3, 1908. It is hereby enacted as follows: : [June 3, 1908.] 1. This Ordinance may be cited as "The Fugitive Criminals Surrender Ordinance, 1908." 2. Where an arrangement has been made between His Majesty the King and the Ruler of a foreign State under which the Protectorate is to surrender to that State, or its Protectorates, any fugitive criminals, the Governor may, by notice in the "Gazette" direct that this Ordinance shall apply in the case of that State during the continuance of the arrangement, and after such notice has been published in the "Gazette," this Ordinance shall, subject to the terms of the arrangement, apply accordingly. No such notice shall remain in force for any longer period than the arrangement, and the Governor may, by the same or any subsequent notice, limit the application of this Ordinance or render the operation thereof subject to such conditions, exceptions, and qualifications as may be deemed expedient.* 3. The following restrictions shall be observed with respect to the surrender of fugitive criminals :— (1.) A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character, or if he prove to the satisfaction of the Magistrate or the Court before whom he is brought on habeas corpus or other like proceeding, or to the Governor, that the requisition for his surrender has, in fact, been made with a view to try and punish him for an offence of a political character. (2.) A fugitive criminal shall not be surrendered to a foreign State unless provision is made by the law of that State, or by arrangement, that the fugitive criminal shall not, until he has been restored or had an opportunity of returning to the Pro *See Notification of July 25, 1908. Page 910. |