Chinese Immigration Act 1857 (SA)

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ANNO VICESIMO I'RIMO

VICTORIB REGINB.

No. 3.

ATZ Act to make ps*ovisimt f b ~

levying a charge orb Chinese a~riv i f lg

in South Austmliu.

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[Assented to, 19th November, 1857.

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E it Enacted, by His Excellency the Governor-in-Chicf of South Preamble.

lative Council and House of Assembly of the said Yrovince in this

B Australia, by and With the advice and consent of thc 1,egis-

present Parliamcnt nsscmblcd, as follows :-

l. I n the interpretation of this Act, the following words, shall, Interpretation clause.

unless inconsistent with thc contest, haw t'rrc rcspcctive meanings hereby assigned to them, that is to say-The word " Mastcr" shall

be held to apply to any person in command of any vessel;

the word

Ship" dmll mean any sea-going vessel; the word " Tonna@'

shall

signify tonnage according to the registry of the ship, if British, or according to the measurement fixed by the Merchant Shipping Act of 1854, if the ship be not British; the word "Chinese" shall mean any native of China or its dependencies, or of any islands in the China Seas, or any person born of Chinese parents; and the word " Passcngcr" shall ba hcld to mean and iiiclude any person on board of any ship, not bcing borne upon the ship's articles as one of the drew thereof, or who shall be discharged from, or leave such ship, curing her stay in any part of the said Yrovincc.

Province, having passengers on board, shall deliver to the Collector of Chinese on board.

2. The master of every ship, upon arrival at any port in the said Mastertostatenumber

or other chief officer of Customs at the port of arrival, a statement in writing, under the hand of such master, of the number of Chinese on board of such vessel.

3. If any ship shall arrive in any port or place in the said Province Number of pnssen-

gers shipsmay carry.

h a ~ i n g

on board a greater number of passengers, iiicludirig the master

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and

and crew and cabin passengers, than in the proportion of one person to every ten tons of thc tonnage of such ship, and more than one-sixth

of such passengers shall be Chinese, the owner, charterer, or master of such ship shall be liable, on conviction, to a penalty not exceeding

Ten Pounds for each passenger so carried in excess.

Rateta be paid for

each Chinese.

4. On arrival at any port in the said Province of any ship ha~ing

any Chinese passenger on board, before making entry, the master shall pay to the Collector, or other officer of Customs, the sum of Ten Pounds for every Chinese pnssengcr arrived in such ship, and no entry shall bc deemed to have been legally made, or to have any legal effcct whatever until such payment shall have been made; and if any master neglect so to deliver such statcmcnt, or to pay such sum within the time aforesaid, or shall lard or permit such Chinese passenger to land at any place in the said Province, with the intent of evading the payment of any such sum, he shall, on con- viction, bc liable t o a penalty not esceeding Twenty Pounds for each Chinese passenger, in addition to the amount uf such sum.

Summary proceed-

5. All sums of money by this Act made payable inay be recovered,

ings.

and all proceedings under this Act may be had and talicn before two

or more Justiccs of the Peucc, in a summary way.

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6.

All sums of money received or l e~ i ed

by virtue of this Act, s h d

Appropriation.

be paid to Her Blajesty, IIer heirs, and successors, for the pnblic uses

of the said Province, and in support of thc Government thereof.

Commencement of

Act.

7. This Act shall come into operation from and after the first day

of December, which will be in the year of our Lord one thousand

eight hundred and fiftyseven.

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Adelaide: Printed by. authority by W. C. Cox, Government Printer, Victoria-square,

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