Immigration Limitation Act 1891 (SA)

ANNO QUINQUAGXSIMO QUARTO ET QUINQUA-

G ESIhlO QUINTO

A. D. 1891.

No. 519.

An Act to prevent the introduction of certain persons

into thc Province of South Australia.

[Assented to, Decelrzbr 19th, 1891.1

E it Enacted by the Governor of the Province of South

Council and the House of Assembly of the said province, in this	B Australia, with the advice and consent of the Legislative
present Parliament assembled, as ftAlows:

1, In the interpretation of this Act the following words and Interpretation.

officer afirval.

expressions shall have the meaning hereafter assigned to them, unless there shall be something in the context or slzbject matter inconsistent with such meaning:

Proper officer " shall mean the Health Officer, Collector of Customs, and every officer of Customs or Inspector of Police appointed by the Governor to carry out the provisions of this Act:

a Ship " shall include every vessel of any kind carrying passen- gers, except vessels plying from one port in the province to another port therein:

Passenger " shall mean and include all passengers or persons

on board any ship, and also the crew d any ship, and all

persons on board and'belonging in any capacity to any ship:

Treasurer " shall mean the Treasurer of the province.

2. Immediately on the arrival of any ship at any port or place Examination of

in the Province of South Australia, it shall be the duty of the proper aapengsn, ke., on condition of

54" & 55" VICTORIA, No. 519.

The Immigration Limitation Act -1 PSI.

officer to go on board such ship and to examine into the con- dition of the passengers thereof, and such offic~r is hereby authorised and empowered to ga on board of and through such ship, and if, on such examination, there shall be found amongst such pas- sengers any person who may have been convicted of amy felony in any country other than South Australia, or any indigent passenger who may be a lunatic, idiot, deaf, dumb, blind, infirm, or unable to take care of himself or herself, and who in his opinion is likely to become a charge upon the public or upon any public or charitable institution as R destitute person or vagrant, the proper officer shall require the owner, charterer, or master of such ship, or some resident

\ of the said province, prior to the landingof any such person, to execute,

j with two good sufficient and substantial sureties, residents of the Two Hundred Pounds for every such passenger and person nfore- said conditioned to pay to the Treasurer of the said province all moneys, charges, costs, or expenses which shall or may be laid out

" be mn

pesengers lunatic,	province, jointly and severally, a bond to Her Majesty in the sum of
&c.
or incurred within the space of five years from the execution of the
said bond for the maintenance or support of such passenger or person aforesaid; and the said sureties shall justify before and to the satisfaction of a Special Magistrate of the province, and shall by their oath or affirmation satisfy him that they are respectively per- manent residents in South Australia, and each worth double the amount of the penalty of such bond over and above all their liabilities.
Proper oacer or

prhoipal officer to 3, If any passenger for whom any bond shall have been given

,P,, ,,,deiture.	as aforesaid shall at any time within five years from the execution thereof be convicted of any felony or rnisdemennor, or if lie shall receive maintenance or support from any public or charitable institution in South Australia, the payment incurred for the main- tenance and support of such passenger in any labor prison, gaol, public or charitable institution as aforesaid within five years from his or her arrival, shall be provided for out of the money collected in or	under such bond to the extent of the penalty therein mentioned,	or such portion as shall be required for the payment of such main-
tenance or support; and it shall be the duty of the proper officer, upon representation made to him, to ascertain the right and claim of the Treasurer of South Australia to payment of the amount so expended for the maintenance and support of any such passenger, and to report the same to the Governor in Council; and the said report shall, until the contrary is shown, be evidence of the facts therein stated, and such bond may be put in suit, and the penalty required to defray the expenses of such maintenance or support may be recovered by suit or information on behalf of Her Majesty and in the name of the Treasurer in any Court of competent jurisdic- tion in the said province.

untilbandexecuted. or master, or other person as aforesaid, and by the sureties thereto, Pase.enger not toland 4, Until such bond is duly executed by the owner, charterer,

the passenger on whose behalf the bond is to b e g i v e ~ ~ & a l l not be

/-

per at?%

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The Imrnigmtion Lim.itation Act.-1891.

permitted to land C__I___ in the _ province l - -. l - . L from t and if the master of

- a iKiII' allow, suffer, or permit h passlenger to land

b~fore the execution of a bond, as hereinbefore provided, he shall be liable to a penalty not exceeding One Hundred Pounds for every such offence.

from any ship shall be liable to be arrested by any police officer &G., may be arrested 5. Any passenger, aa aforesaid, landing or attempting to land Passengerlanding,

without a warrant, and put on board the ship.

which such passrnger as aforesaid shall have beeifmud or carried to execute bond. 6. If the owner, charterer, or master of any ship on board Penalty forrefuaing

shall neglect, or refiwe to execute a bond as afores.aid, he shall be liable to a penalty not exceeding One Hundred Pounds sterling, unlcss the owner, charterer, or rn:lster of such ship shall give surety to the satisfaction of thc proper officer for the due detention of such passenger on such ship until after her departure out of limits of this province.

7. The provisions' of this Act shall not extend to shipwrecked ~ o t not to extend to

mariners brought to South Australia by the master of some ship other	shipwreoked
than that in U hich they were weclred, nor to crews of ships who s rd l have signed articles for the whole voyage, and who shall leave in the ship, nor to Her Majesty's land or sea forces, nor to any passenger who may have become a lunatic, idiot, dea.f, dumb, blind, or infirm

during the voyage: Provided the passage of any such passenger has Proviao.

been taken f'or South Australia.

8. This Act may be cited as "The Immigration Limitation Act." fihort title.

In the name and on behalf of Her Majesty, I hereby assent

this Bill.

KINTORE, Governor.

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