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192 IMMIGRATION & EXPULSION OF ALIENS. P. v., Сн. xvi.
§169.
Natal, Cape
Colony,
Australia, New
Zealand.
such proclamation." The (Amending) Immigration Act of 1902
extends this power to any immigrant or other passenger who is
suffering from any loathsome, dangerous, or infectious disease or malady,
whether such immigrant intends to settle in Canada, or only intends
to pass through Canada to settle in some other country. Such
prohibition may be absolute, or may be accompanied by permission to
land for medical treatment only, for a period to be determined as
provided by order or proclamation. A proclamation under these
provisions was issued by the Governor-General in September, 1902.
The Act of 1902 also renders any immigrant landing or remaining
in breach of these provisions, liable to be arrested without warrant
and to be compelled to return to the vessel, and imposes on the owner
or master of the vessel a penalty not exceeding 1,000 dollars and not
less than 100 dollars for every immigrant or passenger, if he offends
by violating any of the provisions of the Act, aids or abets any
immigrant or passenger in contravening any order or proclamation, or
neglects to take back on board the vessel any such immigrant or
passenger. All penalties imposed on the master become a special
lien on the vessel and may be enforced by the seizure and sale of the
vessel, her tackle, apparel and furniture (Act of 1886, sect. 40). The
above-mentioned laws extend to the whole of the Dominion of Canada,
and it does not appear necessary to mention the laws of the different
provinces.
In the British Colonies throughout the Southern Hemisphere,
the principal Acts restricting immigration are those of Natal (1897),
of the Cape of Good Hope (1902), of the Commonwealth of Australia
(1901), and of New Zealand (1899). The earliest of these Acts is
that of Natal, the provisions of which were adopted with some
variations in the subsequent legislation of other Colonies. The principal
provision is contained in section 3, which is as follows:—The
immigration into Natal, by land or sea, of any of the classes defined in the
following subsections, hereinafter called " Prohibited Immigrant,"
is prohibited, namely :—
(a) Any person who, when asked to do so by an officer appointed
under this Act, shall fail to himself write out and sign, in the characters
of any language of Europe, an application to the Colonial Secretary
in the form set out in Schedule B. of this Act.
(b) Any person being a pauper, or likely to become a public charge.
(c) Any idiot or insane person.
(d) Any person suffering from a loathsome or dangerous contagious
disease.
(e) Any person who, not having received a free pardon, has, within
two years, been convicted of a felony, or other infamous crime or
misdemeanour, involving moral turpitude and not being a mere political
offence.
(/) Any prostitute and any person living on the prostitution of
others.
The education test provided by subsection (a) appears to be mainly
designed to operate in restriction of Asiatic immigration. The Act
181.
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