Page images
PDF
EPUB

application is made in writing and sent with the declaration by post or by any other person to the Immigration Agent-General.

4. Part X of "The Immigration Ordinance, 1891," shall not apply to any person who has received a certificate under this Ordinance, and from and after the date of such certificate he shall not be deemed to be an immigrant within the meaning of the said Part X: Provided that any marriage registered or contracted, or divorce pronounced, or any other matter or thing lawfully done under the said Part X before the date of the said certificate shall be valid and effectual for all purposes what

soever.

5. Notwithstanding anything contained in "The Immigration Ordinance, 1891," the said Ordinance shall not apply to any native of China or the descendant of any native of China.

6. In this Ordinance, unless the context otherwise requires, the words "Immigrant" and "Indenture" have the same meanings as in "The Immigration Ordinance, 1891."

7. This Ordinance may be cited as "The Immigration (Exemption) Ordinance, 1911."

SCHEDULES.

[Forms not printed.]

ORDINANCE of the Government of British Guiana to amend "The Immigration Ordinance, 1891,"* with respect to Deserters.

[No. 25.]

I assent.

CHARLES T. Cox, Acting Governor.

[November 11, 1911.]

BE it enacted by the Governor of British Guiana, with the advice and consent of the Court of Policy thereof, as follows:

1. Section 127 of "The Immigration Ordinance, 1891," is hereby repealed, and the following section shall be deemed to be inserted in the said Ordinance in lieu thereof :—

127.-(1.) Every police constable may, without warrant, stop any immigrant whom he may have reasonable cause to suspect of being absent from his plantation without leave, and may require him to show his certificate of exemption from labour or a pass signed by his employer.

(2.) If the immigrant does not produce any such certificate or pass, the police constable may thereupon take him into custody and carry him, if in Georgetown, to the Immigration.

* Vol. XCIV, page 392.

Agent-General, or, if elsewhere than in Georgetown, to the Immigration Agent, or if the immigrant is arrested in the night, to the nearest police station, and if the immigrant is ascertained to be under indenture to any employer, the police constable shall communicate with the employer, and the immigrant shall be detained in custody until he can be charged before the Magistrate of the district in which his plantation is situate, or until he gives security for his appearance to answer such charge: Provided that, if the employer so requires, the police constable shall cause the immigrant to be reconducted to his plantation: Provided also that the Immigration Agent-General or any Immigration Agent may, without warrant, place in custody any immigrant who is known or suspected by him to be a deserter or absent from his plantation without leave, or who refuses to return to his plantation when ordered to do so by the Immigration Agent-General or an Immigration Agent; and any such immigrant shall be dealt with in the same manner as an immigrant who is taken into custody and brought to the Immigration Agent-General or to an Immigration Agent by a police constable under this section.

2. This Ordinance may be cited as "The Immigration (Desertion) Ordinance, 1911."

ORDINANCE of the Government of British Honduras to provide for the Expulsion from the Colony of Undesirable Aliens.

[No. 17.]

[April 28, 1910.]

Be it enacted by the Governor of British Honduras, with the advice and consent of the Legislative Council thereof :

66

[ocr errors]

1. This Ordinance may be cited as The Undesirable Aliens Expulsion Ordinance, 1910."

2.-(1.) The Governor may, if he thinks fit, make an order (in this Ordinance referred to as an expulsion order) requiring an alien to leave the Colony within a time fixed by the order, and thereafter to remain out of the Colony :

(a.) If it is certified to him by any Court in the Colony (including a Court of Summary Jurisdiction) that the alien has been convicted by such Court of any felony or misdemeanour or other offence for which such Court has power to impose imprisonment without the option of a fine, and that the Court recommend that an expulsion order should be made in his case, either in addition to or in lieu of his sentence; and

(b.) If it is certified to him by a District Commissioner and at least one Justice of the Peace after proceedings taken for the purpose, that it is expedient for the preservation of the peace

and good order of the Colony that an expulsion order should be made in the case of the alien.

(2.) If any alien in whose case an expulsion order has been made is at any time found in the Colony in contravention of such order, he shall be guilty of an offence under this Ordinance, and on conviction thereof shall be liable to imprisonment with or without hard labour for any period not exceeding six months, and to be ordered to comply with such expulsion order within such time after the expiration of his sentence as the District Commissioner shall fix. If such alien fails to comply with the expulsion order within the time fixed by the District Commissioner, or is found in the Colony at any time after having been conveyed out of it as hereinafter mentioned, he shall be deemed to have committed a fresh offence under this section.

(3.) The Governor may, if he deems fit, order that any alien convicted under this section shall on the expiration of his sentence be conveyed out of the Colony in such manner as he may direct.

3. Every expulsion order made under this Ordinance shall, as soon as possible after the date of such order, but before his release from custody, be served on the alien in respect of whom it is made, and shall be published in the "Gazette," and a copy of any such order shall be posted up in some conspicuous place at every police station in the Colony.

4. Any alien who shall be convicted before the District Commissioner and at least one Justice of the Peace sitting together of being dangerous to the peace and good order of the Colony shall be guilty of an offence under this Ordinance, and shall be committed to the prison of the district in which he was convicted until the Governor's pleasure be known. The District Commissioner and such Justice or Justices of the Peace as aforesaid shall immediately after any such conviction certify to the Governor as provided for in section 2, sub-section (1) (b) of this Ordinance, forwarding to him at the same time a copy of the notes of evidence taken in the case; if the Governor makes an expulsion order against such alien he shall, on being served with a copy of such order, be immediately released from custody for the purpose of complying with such order.

In the event of the Governor not making an expulsion order as aforesaid, such alien shall, as soon as possible after the making of such order, be released from custody.

5. When an expulsion order is made in the case of any alien, the Governor may, if he thinks fit, direct the payment from general revenue of the whole or any part of the expenses of, or incidental to, the departure from the Colony, and maintenance until departure of the alien and his dependents (if any).

6. All offences under this Ordinance shall be dealt with summarily and in accordance with the summary jurisdiction laws by the District Commissioner of the district and at least one Justice of the Peace having jurisdiction in the district in which the offence is committed, or in which the alien lives or is found.

7. This Ordinance shall apply only to such part or parts, district or districts, of the Colony as the Governor may from time to time by Order in Council, which he is hereby empowered to make, direct, and thereupon, while such order is in force, this Ordinance shall apply to and come into operation in such part or parts, district or districts, so ordered as aforesaid on such day or days as the Governor may by proclamation in the "Gazette" appoint.

Passed the Legislative Council this 15th day of April, 1910.
H. E. PHILLIPS,
Clerk of the Legislative Council.

I assent in His Majesty's name this 28th day of April, 1910.
E. J. E. SWAYNE, Governor.

[graphic]

Passed the Legislative Council this 20th day of September,

1910.

H. E. PHILLIPS,
Clerk of the Legislative Council.

I assent in His Majesty's name this 28th day of September, 1910. E. J. E. SWAYNE, Governor.

ACT of the Government of Canada respecting Fisheries and

[Chapter 45.]

Fishing.

[Revised Statutes, 1906.]

Short Title.

1. THIS Act may be cited as "The Fisheries Act." R.S., c. 95, s. 1.

Interpretation.

2. In this Act, unless the context otherwise requires, the expression "Minister" means the Minister of Marine and Fisheries.

Application.

3. Shell-fish fisheries shall be subject to the provisions of this Act, and any regulations made under it. R.S., c. 95, s. 21.

4. Nothing in this Act contained shall be taken to authorize the grant of fishery leases conferring an exclusive right to fish in property belonging not to the Dominion but to some province

thereof.

5. Nothing in this Act contained shall preclude the granting by the Minister of written permission to obtain fish and fish spawn for purposes of stocking or artificial breeding or for scientific purposes. R.S., c. 95, s. 21.

Fishery Officers.

6. The Governor in Council may appoint fishery officers whose powers and duties shall be as defined by this Act and the regulations made under it, and by instructions from the Department of Marine and Fisheries.

(2.) Every such officer, who is authorized by the Governor in Council to exercise the powers of a justice of the peace, shall for all the purposes of this act and the regulations made under

Amended by 9 & 10 Edw. VII, c. 20 (1910), page 352; and 1 & 2 Geo. V, c. 9 (1911), page 382.

« PreviousContinue »