Chinese Immigrants Regulation and Restriction Act of 1861 No 28a (NSW)

No. III.

An Act to regulate and restrict the Immigrat ion

of Chinese. [22nd November, 1861.]

W H E R E A S t ion of Chinese in to th is Colony Be i t therefore enacted by

it is expedient to regu la te a n d res t r ic t t h e I m m i g r a ­

t h e Queen ' s Most Exce l l en t Majesty by and wi th t h e advice and consent of t h e Legislat ive Counci l and Legislat ive Assembly of N e w Sou th W a l e s in P a r l i a m e n t assembled and by the au thor i ty of t h e same as follows :—

1. For t h e purposes of th i s Act t he following words in inver ted commas shal l unless t h e contex t otherwise indicate bear t h e	m e a n i n g s
set agains t t h e m	respect ively—

" Chinese " — A n y ma le na t ive of China or i ts dependencies	or
of any I s l and in t he Chinese Seas not bo rn	of Br i t i sh

pa ren t s or any male person born of Chinese pa ren t s .

" V e s s e l " — A n y ship or o the r sea-going vessel of whatsoever

k ind or descript ion.

" Mas te r " — T h e person for t he t ime be ing in ac tua l command

of any such vessel.

2. The mas te r of every vessel hav ing passengers on board shall immedia te ly on his arr ival in any por t of t h e Colony deliver to t he Collector or o ther Chief Officer of Cus toms a list of such passengers and shall the re in dis t inct ly specify which if any of t h e m are Chinese A n d for any default here in such mas te r shall be liable t o a pena l ty not

other proper officer t e n p o u n d s for every such Chinese and no en t ry shall be deemed to have been legally m a d e or to have any legal effect un t i l such p a y m e n t shall have been m a d e A n d if any m a s t e r shal l neglect to pay any such s u m or shal l l and or pe rmi t to land any Chinese a t any place in t he Colony before such s u m shal l have been paid for or by h i m wi th t h e i n t en t in any of t h e above cases of evading the p a y m e n t thereof such mas te r shall be l iable for every such offence to a penal ty n o t exceeding t w e n t y pounds for each Chinese so landed	or
exceeding	two h u n d r e d	pounds .

3. I f any vessel shall a r r ive in any por t in N e w Sou th W a l e s

hav ing on board a grea te r n u m b e r of Chinese passengers t h a n in t h e propor t ion of one to every t e n tons of t he t onnage of such vessel according to t h e regis t ry thereof if Br i t i sh and if not t h e n according

to t h e measu remen t fixed by t h e M e r c h a n t Sh ipp ing A c t of 1851 t h e

owner char te re r or mas te r of such vessel shal l be l iable on convict ion to a pena l ty not exceeding t en pounds for each Chinese passenger so carr ied in excess.

1. Before any of such Chinese shal l be p e r m i t t e d to l and and

before m a k i n g any en t ry t he mas t e r shal l pay to such Collector or

or pe rmi t t ed to l and in addi t ion to t h e a m o u n t of such s u m A n d in

every such case in addi t ion to any such pena l ty t h e vessel shal l be forfeited and may he seized condemned and disposed of in l ike m a n n e r as ships forfeited for a breach of any law re la t ing to t he Cus toms of

th is Colony.

5. Every Chinese a r r iv ing in t h e Colony after t he pass ing of

th is Ac t o therwise t h a n by any vessel shall pay or have paid for him to some officer w h o m the Governor wi th t he advice of t h e Executive Council may appoin t at any places on or near t h e borders of t he Colony or otherwise convenient ly s i tuate for t h a t purpose a like sum of t en pounds .

(i. The Collector or o ther officer as aforesaid receiving such sum from or for any Chinese shall w i thou t demand for thwi th supply h im wi th a certificate in wr i t ing unde r his hand of t h e paymen t of such s u m such certificate to be in a form to be settled by t h e regula­ t ions hereinafter ment ioned A n d such certificate whensoever and wheresoever produced by such Chinese shall be conclusive evidence on behalf of himself and of any o ther person who may have paid such sum for h i m t h a t such sum has been duly paid.
7. Al l sums as aforesaid so paid by or on behalf of any Chinese

shall be paid over to t he Colonial Treasurer and be by h im carr ied to

the Consolidated R e v e n u e F u n d of t h e Colony.

8. Al l Chinese wi th in t he Colony of New South Wales shall on or before t he twenty -e ighth day of F e b r u a r y one t housand e ight h u n d r e d and sixty-two apply to the neares t Clerk of P e t t y Sessions or Gold Commissioner for a certificate and such Clerk of P e t t y Sessions or Gold Commissioner shall deliver to any Chinese so apply ing a p a r c h m e n t certificate; which shall bear on t he face of it t he n a m e of the; C h i n a m a n app ly ing and the; s igna ture of t h e Clerk of P e t t y Sessions or Gold Commissioner g ran t ing such certificate and al l o ther ma t t e r s which t h e Gove rnmen t may deem necessary and t h e holder of

such certificate shall be exempted from p a y m e n t s u n d e r th i s Act .

9. The certificate men t ioned in t he s ix th section of the; A c t of Council e leventh Victor ia n u m b e r	th i r ty -n ine	shall	no t	hereafter	be
issued or g ran ted to any Chinese.

10. I f any Chinese shall en te r or a t t e m p t to en te r t he Colony

wi thou t pay ing or hav ing paid for h im t h e sum of ten pounds aforesaid he; shall besides such sum be liable to a pena l ty not exceeding ten pounds and may be apprehended and t aken before any Jus t i ce of the

sufficient bail for his appearance a t t h e nex t Cour t of P e t t y Sessions	Peace most convenient ly s i tuated for t he purpose who m a y t ake
or r e m a n d h i m to such Cour t as to such Jus t i ce shall seem fit unless and un t i l such Chinese shall produce a certificate of paymen t as aforesaid.

1 1 .    I t shall be lawful for t he Governor wi th t he advice aforesaid

to remi t t h e whole or any pa r t of any pena l ty or s u m of whatever
descript ion due; or payable or any forfeiture unde r th i s Act ,

12.    U p o n the convict ion of any Chinese unde r th i s Act whereby

he may be awarded to pay a s u m of money i t shall be lawful for t h e Justice if he shall see fit to order t h a t such sum or any pa r t thereof shall be payable a t some future day n o t be ing longer t h a n two m o n t h s from the da te of such order provided securi ty by way of recognizance to H e r Majesty to the satisfaction of such Jus t i ce be given for the paymen t of t h e amoun t men t ioned in and a t t he t ime fixed by any sue;h order.

13 . Al l penal t ies and sums payable under th is Ac t may be
recovered in a s u m m a r y m a n n e r before any two Jus t i ces of the Peace

A n d at t he hear ing such Jus t ices m a y decide upon the i r own view and

j u d g m e n t

j u d g m e n t w h e t h e r any person charged before t h e m is a Chinese w i t h i n

t h e mean ing of th i s Act .

14. This Ac t shal l be styled and may be cited as t he " Chinese
I m m i g r a n t s Regu la t i on a n d Restr ic t ion Ac t of 1 8 6 1 " and shall com­

mence a n d come in to opera t ion on and from t h e twen ty-e igh th day of

F e b r u a r y one t housand eight h u n d r e d and sixty-two.