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Р. ѵ.,Сн. xvi. IMMIGRATION & EXPULSION OF ALIENS. 193
empowers the Governor to appoint and remove officers for the purpose
of carrying out the provisions of the Act and to define their duties.
It is made an offence for a prohibited immigrant to enter or be found
in Natal, and the immigrant is liable on prosecution to be removed
from the Colony, and to imprisonment, without hard labour, for a
period not exceeding six months. The imprisonment, however, is
to cease if the alien finds two sureties in the sum of £50 each, that
he will leave the Colony within one month. The restriction does
not apply to the wife or minor child of any person not being a
prohibited immigrant. It is an offence for any person wilfully to assist
any prohibited immigrant to contravene the provisions of the Act,
or to assist in the entry of any prohibited immigrant. The master
and owners of the vessel from which any prohibited immigrant is
landed, are liable to a penalty of not less than £100 for every five
prohibited immigrants after the first five, the penalties not to exceed
£5,000. Execution may be levied on the vessel in satisfaction of any
penalty, and it may be refused a clearance until the penalty is paid,
" and until provision has been made by the master to the satisfaction
of an officer appointed under this Act for the conveyance out of the
Colony of each prohibited immigrant who may have been so landed."
Any police officer or other official appointed for the purpose under
this Act, may prevent any prohibited immigrant from entering Natal
by land or sea.
The Act of the Cape of Good Hope (1902) substantially follows the
Natal Act in its definition of " prohibited immigrant," but adds
another class : " Any person who from information officially received
by the Minister from any Secretary of State or from any Colonial
Minister, or through diplomatic channels from any Minister of any
foreign country, is deemed by the Minister to be an undesirable."
Any person immigrating into the colony in violation of the Act is
made liable to removal and to be kept in custody pending removal,
but, under the Cape of Good Hope Act, there is no other penalty. Nor
does it appear whether, or not, an order of a court is required for
removal, or whether it can be done by order of an executive officer.
There are similar provisions to those of the Natal Act as to the liability
of the master and owners of a vessel from which prohibited immigrants
are landed and for the liability of the vessel itself.
The principal difference between the Act of the Commonwealth
of Australia (1901) and the Acts of Natal and Cape Colony is, that
the former contains an additional class of prohibited immigrants,
viz. : " Any person under a contract or agreement to perform manual
labour within the Commonwealth." Power is reserved to the
"Minister for external affairs" to except workmen on the ground
of special skill required in Australia. It is also important to notice,
that the Statute excludes from the country any person likely, in the
opinion of the Minister or of an officer (of Customs to be appointed
under the Act) to become a charge upon the public or upon any public
or charitable institution, thus making the determination of this class
a matter for the decision of the executive officer and not of any tribunal.
In other respects the observations made above as to the mode of
enforcing the Natal Act, apply also to the Australian Act.
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