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7. Any master of a vessel who knowingly suffers any infirm pauper who arrives in such vessel to land contrary to this Ordinance, shall be guilty of an offence, punishable on summary conviction, and liable to a penalty not exceeding 501.
(1.) Any infirm pauper who knowingly and wilfully lands or suffers himself to be landed contrary to this Ordinance; and
(2.) Any person who knowingly lands or procures to be landed contrary to this Ordinance, or who aids or assists in landing or procuring to be landed contrary to this Ordinance, any infirm
Shall be guilty of an offence, punishable on summary conviction, and liable to a penalty not exceeding 501.
8. Any scale for the computation of expenses prescribed by the Governor under this Ordinance shall be published in the "Royal Gazette," and may at any time be altered or revoked by the Governor.
A copy of the "Reyal Gazette " purporting to contain any such scale, alteration, or revocation shall be prima facie evidence of the tenour and due making of such scale, alteration, or revocation.
9. Notwithstanding anything in the Ordinance No. 5 of 1862, intituled "An Ordinance for regulating the execution of deeds and the proof, registration, and admission in evidence of Deeds and Wills," or in any other Ordinance, any deed executed in pursuance of this Ordinance may be registered if it is executed in the presence of one witness and before any of the following persons:
The Receiver-General, the Sub-Receiver, the Collector or any Sub-Collector of Customs;
Any Commissioner of a Province;
Any Harbour-master or Assistant Harbour-master;
Any Visiting Officer;
The Inspector-Commandmant or any Inspector of Police;
Any Justice or Clerk of the Peace;
Any Warden or Assistant Warden;
Any Sanitary Inspector; and
Any Barrister, Advocate, Conveyancer, or Notary Public. No fee shall be payable in respect of the registration of any deed executed in pursuance of this Ordinance.
10. Nothing in this Ordinance shall apply to any immigrants brought to this Colony under any Law relating to immigration or to any ship bringing such immigrants.
Passed in Council, this 1st day of June, in the year of our Lord
J. CUNNINGHAM, Acting Clerk of the Council.
To all to whom these presents shall come, A. B., of [Chacon Street, in the Borough of Port of Spain, dealer in spirits], sendeth greeting:
WHEREAS J. S., who lately arrived in this Colony by the ship [Corsair], is an infirm pauper within the meaning of "The Infirm Paupers Ordinance, 1881;" and whereas the said A. B. desires to enable the said J. S. to land in the Colony Now these presents witness that in consideration of the said J. S. being permitted to land in the Colony, he, the said A. B., doth hereby for himself, his heirs, executors and administrators, covenant with Her Majesty the Queen, her heirs and successors, that he, the said A. B., will on demand forthwith repay to the Receiver-General any pauper charges which within one year from the day of the date of these presents may be incurred in respect of the said J. S.
In witness, &c.
ORDINANCE of the Government of Trinidad, to amend and extend the provisions of "The Infirm Paupers Ordinance, 1882,"* and to make provision to Restrict the Landing in the Colony of Criminal and Vicious Immigrants.
(L.S.) F. NAPIER BROOME, Governor.
[March 11, 1895.]
BE it enacted by the Governor of Trinidad and Tobago, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited for all purposes as "The Immigrants Regulation Ordinance, 1895."
2. This Ordinance shall be read and construed as one with "The Infirm Paupers Ordinance, 1882" (5 of 1882), hereinafter called the principal Ordinance.
3. In this Ordinance
"Visiting Officer" means a Visiting Officer acting under "The "The Quarantine Ordinance, 1893" (18 of 1893), or under any other Ordinance or Law for the time being relating to quarantine. It shall also include the Harbour-master, Assistant Harbour-master in the Colony, and Inspector-General of Police, and any Inspector of Police, and any officer expressly appointed by the Governor to execute the provisions of this Ordinance.
"Destitute immigrant" means any person not being a native of the Colony as to whom notice that he is a destitute immigrant, shall be given in accordance with the provisions of this Ordi
* Page 1004.
Colony" mean the Colony of Trinidad and Tobago.
"Vessel" means any steam-ship, ship, vessel, sloop, boat, or other floating craft.
"Court" means and includes the Supreme Court, or any Court exercising summary jurisdiction in criminal matters.
"Colonial Court" means any Court outside the Colony exercising criminal jurisdiction within Her Majesty's Colonial dominions.
"Colonial criminal" means any criminal who, having been sentenced by any Colonial Court to penal servitude or imprisonment for a term of not less than twelve months, shall afterwards come to this Colony either before or after the expiration of his term of imprisonment.
"Vicious or criminal immigrant" means any person or class of persons defined by or specified in any Proclamation made under section 8 of this Ordinance to be vicious or criminal within the meaning of such Proclamation.
Summary conviction" shall mean conviction before any Stipendiary Justice of the Peace proceeding according to the provisions of the Ordinance No. 5 of 1868, intituled “An Ordinance respecting the Summary Administration of Justice," or proceeding according to the provisions of any future Ordinance or Law regulating the summary administration of justice.
4. If on the arrival in this Colony of any vessel there shall be on board any person who, in the opinion of any Visiting Officer, is a pauper or destitute and likely, if permitted to land, to become chargeable to the Colony, such Visiting Officer shall give notice that such person is a "destitute immigrant."
Such notice may be given verbally or in writing to the master or any of the crew of the vessel or by writing nailed or affixed to any mast or other part of the vessel, but shall, where practicable, be given to the master.
Upon the giving of such notice, all and every, the provisions of the principal Ordinance shall apply to cases of destitute immigrants, and all and every the restrictions and conditions imposed by such Ordinance on the landing of infirm paupers, and imposing penalties on vessels from which infirm paupers shall land in any part of the Colony, and imposing penalties on masters of vessels knowingly suffering infirm paupers to land, and all other the provisions of the said Ordinance shall apply to destitute immigrants in the same manner and to the same extent as the same respectively are applicable to infirm paupers.
5. The master of any vessel arriving in the Colony shall answer all questions which the Visiting Officer shall put to him, and any master who shall either refuse to answer any such questions or
shall give an untrue answer thereto shall be guilty of an offence against this Ordinance, and on summary conviction thereof, shall forfeit and pay a penalty not exceeding 10., and in default of payment, shall be imprisoned, either with or without hard labour, for any term not exceeding six months.
6. The Visiting Officer may call upon any person arriving in this Colony in any vessel, and whom he shall have cause to suspect to be a Colonial criminal, to state
(a.) His name and occupation and the Colony, parish, city, or town to which he belongs;
(b.) The port, city, town, parish, or place from whence he
7. It shall be lawful for any Visiting Officer by writing under his hand addressed to any police constable to cause any person coming to the Colony by any vessel whom such Visiting Officer may have reasonable cause to believe to be a Colonial criminal within the meaning of this Ordinance, to be taken into custody and be brought before a Stipendiary Justice of the Peace, and thereupon all and every the provisions of "The Alien Criminals Ordinance, 1870" (2 of 1870), shall apply and be applicable to any person so brought as aforesaid before any such Stipendiary Justice of the Peace, and such Justice shall have jurisdiction to deal with any such person so brought before him in the same manner as he is authorized to deal under the provisions of the said Ordinance with persons brought before him suspected to be alien criminals within the meaning of "The Alien Criminals Ordinance, 1870."
8. The Governor may by Proclamation, whenever he deems it necessary, prohibit the landing in the Colony of any vicious or criminal immigrant designated in such Proclamation, except upon such conditions for insuring their retransportation to the port or place from whence they came with the least possible delay as the Governor in Council prescribes.
Such conditions may, if the Governor in Council deems it necessary, include the immediate return, or the return with the least possible delay, of the vessel and such immigrants to the said port or place, such prohibited immigrants remaining on board until the return of such vessel.
9. If any vicious or criminal immigrant shall land in any part of the Colony contrary to the Proclamation of the Governor, the vessel by which such vicious or criminal immigrant arrived shall be subject to the maritime lien created by section 6 of "The Infirm Paupers Ordinance, 1882," and all and every the provisions of such section shall apply and be applicable in the same manner as they apply and are applicable to infirm paupers landing in any part of the Colony contrary to the provisions of the said Ordinance. 3 T
10. Any master of a vessel who knowingly suffers any vicious or criminal immigrant who arrives in such vessel to land contrary to the Proclamation of the Governor as aforesaid, shall be guilty of an offence against this Ordinance, and on summary conviction thereof, shall be liable to a penalty not exceeding 501., and in default of payment shall be imprisoned, either with or without hard labour, for any term not exceeding six months.
11. In any proceeding against the master of any vessel for allowing any vicious or criminal immigrant to land contrary to any Proclamation under section 8 of this Ordinance, such vessel shall not be subject to the maritime lien created by section 6 of the principal Ordinance, and no master of any such vessel shall be liable to the penalties prescribed by section 10 of this Ordinance unless it be proved to the satisfaction of the Court
(a.) That notice was given verbally or in writing in the manner prescribed by section 4 of this Ordinance in relation to destitute immigrants that any person being on board of such vessel is a vicious or criminal immigrant, as the case may be, within the meaning of the Proclamation of the Governor aforesaid; or
(b.) That the master of any such vessel independently of any notice had knowledge that any person by him permitted to be landed was a vicious or criminal immigrant, as the case may be, within the meaning of any such Proclamation as aforesaid.
12. Any vicious or criminal immigrant who knowingly and wilfully lands or suffers himself to be landed contrary to the Governor's Proclamation, and any person who knowingly lands or procures to be landed contrary to the Governor's Proclamation, or who aids or assists in landing or procuring to be landed contrary to the Governor's Proclamation any vicious or criminal immigrant, shall be guilty of an offence against this Ordinance, and on summary conviction thereof shall be punished in like manner as in section 10 mentioned.
13. The following words in section 2 of the principal Ordinance, viz.:
"The term 'infirm pauper' means a person as to whom notice that he is an infirm pauper is given according to this Ordinance," Are hereby repealed, and, in lieu thereof, the following shall be read:
The term "infirm pauper means a person not being a native of the Colony as to whom notice that he is an infirm pauper is given according to the principal Ordinance.
14. The Ordinance No. 13 of 1894, intituled "An Ordinance to extend the provisions of The Infirm Paupers Ordinance, 1882,' and to make provision to restrict the landing in the Colony of Vicious Criminal Immigrants" is hereby repealed.