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at any port of the Colony in the performance of his duties under

this Act.

15. The Master of a ship arriving at Natal shall, upon being thereto requested by the Immigration Restriction Officer at the Port, furnish to him a list, in duplicate, signed by himself, of all passengers and other persons then on board not forming a portion of the regular crew of the vessel.

16. A Master shall also, if required thereto prior to his departure from Port, produce his Articles and muster his crew, and if it be found that any person named on the Articles, and who, in the opinion of the Immigration Restriction Officer, would be a prohibited immigrant, is not then present, such person shall be deemed to have entered the Colony contrary to this Act, but the Master and Agents of the ship, provided they have made proper provision for police protection, shall not be responsible for any contravention of the provisions of this section.


17. If the Immigration Restriction Officer shall declare to the Master of a ship arriving at the Port that there are persons on board who belong to the class of prohibited immigrants, and should the Master thereupon represent that for the better security against infringement of the Act it is desirable that such prohibited immigrants should be kept in some other place during the ship's stay in Port, the Immigration Restriction Officer may, in such case, should he think fit, cause such prohibited immigrants to be removed in proper custody from the ship to, and be detained in, any place on shore, or any hulk or craft in the bay, which may be set apart by the Government for the purpose. prohibited immigrants shall be returned to the ship when she is about to sail, of which due notice shall be given by the Master to the Immigration Restriction Officer. The cost of the landing or removal, detention, maintenance, and control of the prohibited immigrants, so temporarily removed from the ship, and all contingent expenses, shall be borne by the Master of the ship, who shall be solely responsible for the proper rationing of the prohibited immigrants so removed, and for providing them with bedding and other necessaries requisite to maintain them in the place of detention in the degree of comfort which they would have enjoyed had they not been removed from the ship, or to which they might be entitled under any contract or agreement subsisting between such prohibited immigrants and the Master or owners of the ship. The Immigration Restriction Officer may, before assuming the custody of any prohibited immigrant, require the Master and owners, or agents of the ship, to deposit with him, or give a sufficient guarantee of a sum sufficient to defray any expenses that may be incurred by the Government in connection therewith.

18. If any prohibited immigrant shall escape from the place

of detention contemplated by the next preceding section, or from any lawful custody in going thereto or returning therefrom, he may be taken by any officer of police and brought back, and shall also be liable to punishment for contravention of Section 7 of this Act.

19. Should the Master of a ship charge any member of his crew, or stowaway, or extra hand before a local Court with a crime or offence committed at some time prior to arrival, or during his vessel's stay in Port, the Magistrate may, at the request of the Immigration Restriction Officer, and on representation by the Immigration Restriction Officer that the accused is a prohibited immigrant, in awarding punishment, order that, on expiry of the sentence, or on the sooner readiness of his vessel to proceed to sea, the prisoner be taken from gaol and conducted in custody aboard his ship for conveyance away from the Colony. Any person contemplated by this section, brought before a Magistrate and discharged, shall be ordered by the Magistrate to be immediately conveyed back to his ship. An order shall not be made under this section in any case in which the Magistrate deems the crime proper for trial in a higher Court.

20. Whenever it shall be deemed necessary for the effective carrying out of this Act to regulate intercourse from the shore with any vessel at the Port having on board any prohibited immigrant, the Principal Immigration Restriction Officer may take such steps, with the approval of the Minister, as may appear proper in that behalf.

21. The Master and owner of any ship from which any prohibited immigrant may be landed or may land shall be liable jointly and severally to a penalty of One Hundred Pounds Sterling (which said sum may be reduced to any sum not less than Twentyfive Pounds Sterling) in respect of each such prohibited immigrant landed or who may land, and the vessel may be refused a clearance outward until any penalty incurred has been paid, and until provision has been made by the Master to the satisfaction of the Immigration Restriction Officer for the conveyance out of the Colony of each prohibited immigrant who may have been so landed, and the vessel may be made executable by a decree of the Supreme Court in satisfaction of any penalty imposed under this section. The word clearance as used in this Act includes all the documents ordinarily issued by the Collector of Customs to a ship about to leave Port, including the document known as the Bill of Health.


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22. Any person being a prohibited immigrant within the meaning of this Act may apply to the Immigration Restriction Officer, or other officer thereto appointed, for a pass to enter Natal for a temporary visit or for the purpose of embarking at the Port for

some other country. Such passes shall be known as Visiting Passes and Embarkation Passes respectively, and shall be in the forms prescribed by the Regulations made under this Act. The words" the Port mean any port in Natal.

23. The applicant shall attend before such officer and shall answer all such questions as the officer may put in order to satisfy himself that the pass ought to be granted, and shall deposit with him the appointed sum of money, that is to say :

For a Visiting Pass the sum of Ten Pounds Sterling, together with an additional sum of Ten Pounds Sterling where the pass includes the wife and children of the applicant ;

For an Embarkation Pass the sum of Ten Pounds Sterling for each adult, and Five Pounds for each child.

The word child, as used in this and the succeeding sections, means a person appearing to the officer to be under the age of sixteen years.

24. Except in the case of a person accompanied by his wife and children, a separate pass shall be required for each person seeking to enter Natal for the purpose of a visit or for embarking.

25. No person shall be entitled of right to obtain a Visiting Pass or an Embarkation Pass, and the officer appointed to issue such passes shall have the discretion to grant or refuse any such pass, subject, however, to any direction which may be given him by the Principal Immigration Restriction Officer or by the Minister.

26. A Visiting Pass shall be a sufficient authority for the person or persons named therein to enter the Colony of Natal and to remain there during the period stated in the pass. Such period shall not exceed twenty-one days, but any officer appointed under the Act may, for sufficient reason appearing, extend the period from time to time by an endorsement on the pass. No extension shall be made for more than fourteen days at a time, and no such pass may be extended beyond six weeks from the date of the pass, except with the consent of the Minister.

27. The money deposited for a Visiting Pass shall be returned to the depositor upon the passholder quitting the Colony within the time named in the pass or any extension thereof.

28. An Embarkation Pass shall be a sufficient authority for the person or persons named therein to enter Natal and to proceed with all reasonable speed to the Port for the purpose of embarking by the first available opportunity for the destination stated in the pass.

29. An Embarkation Pass shall not be extended except by the Principal Immigration Restriction Officer for sufficient cause to him appearing.

30. The money deposited for an Embarkation Pass shall be at once transmitted to the Principal Immigration Restriction Officer

at the Port, to be by him applied, on the application of the person to whom it was granted, and, so far as the sum deposited shall suffice for the purpose, in obtaining a passage for the person or persons named to the specified place or destination. Any balance of the money deposited shall be returned to the depositor upon the sailing of the ship, or may, in the discretion of the officer, be expended in any other necessary or proper manner by desire of the depositor.

31. Any person being a prohibited immigrant within the meaning of the Act, who shall enter Natal in pursuance of a Visiting Pass or an Embarkation Pass, and who shall remain in Natal bevond the time allowed by such pass, or by a lawful endorsement thereof, or who may misuse the pass, or allow any fraudulent use to be made of it, shall be deemed to have contravened this Act, and shall, upon conviction, suffer forfeiture of the amount deposited by him, and render himself liable to the punishment prescribed by Section 7 of the Act.

32. The provisions of Sub-section (f) of Section 4 shall extend to any person who shall satisfy an officer appointed under this Act that he has formerly resided in Natal, that is to say who has had his ordinary place of residence in Natal for a period of not less than three consecutive years: Provided, however:

(a) That nothing in this section shall diminish the rights of any person who has had his domicile in Natal as distinguished from residence as above defined.

(b) That no person shall be entitled to claim the benefits of this section merely by reason of residence in Natal under indenture of service, or the like, entered into in pursuance of any laws for the introduction of servants or labourers or otherwise.

33. A certificate granted by the Immigration Restriction Officer, stating that the person named and described therein has been formerly resident or domiciled in the Colony within the meaning of this Act, shall be prima facie evidence of such former residence or domicile.


34. Any person appearing to an officer under this Act to be over the age of sixteen years shall be regarded as an adult for the purposes of this Act.

35. The Governor may appoint officers for the purpose of carrying out the provisions of this Act, one of whom shall be a principal Immigration Restriction Officer, and may define the duties of such officers; and such officers shall carry out the instructions from time to time given to them by the Minister or by the Principal Immigration Restriction Officer.

36. The Governor in Council may, from time to time, make, amend, and repeal regulations for the better carrying out of the provisions of this Act.

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

38. The following shall be contraventions of this Act:

(a) Assisting any prohibited immigrant to enter the Colony or knowingly being a party to the introduction of any person of the class (f) of Section 5 of this Act.

(b) Aiding or abetting a prohibited immigrant or any other person in any contravention of this Act or of the Regulations.

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

(d) Wilfully disobeying or disregarding any obligation imposed by, or any lawful order made under, this Act or the Regulations.

39. Every person guilty of a contravention of this Act or of any regulations passed thereunder shall, where no penalty is expressly imposed, be liable to a fine not exceeding Fifty Pounds Sterling, 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 as aforesaid without the option of a fine.

40. 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 Restriction 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 Captain or Harbour Master shall be authority to him to refuse to take a ship or allow it to go outside the bay to any outer harbour or anchorage. When such notice is given, the Immigration Restriction Officer shall with all speed inform the Minister 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.

41. The enforcement of any money penalty may be either by criminal prosecution or by civil action at the instance of the Immigration Restriction Officer. All contraventions of this Act or of the Regulations for which no special punishment is awarded, or for which no greater punishment than a penalty of One Hundred Pounds Sterling or imprisonment with or without hard labour is imposed, shall be cognisable by the Courts of Magistrates, 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.

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