• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Immigration and emigration
 Nationality and aliens
 Labour and industry
 Agriculture
 Forestry
 Animals and animal diseases
 Mines and minerals
 Property and conveyancing
 Registration of deeds
 Alphabetical index of the...














Title: Trinidad and Tobago revised ordinances, 1950
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076995/00003
 Material Information
Title: Trinidad and Tobago revised ordinances, 1950
Physical Description: 10 v. : ; 26 cm.
Language: English
Creator: Trinidad
Maingot, Elliot Francis, 1891-
Publisher: Printed by C.F. Roworth, Govt. printers,
Printed by C.F. Roworth, Govt. printers
Place of Publication: London
Publication Date: 1950
 Subjects
Subject: Trinidad   ( lcsh )
Genre: non-fiction   ( marcgt )
Spatial Coverage: Trinidad and Tobago
 Notes
Statement of Responsibility: Prepared under the authority of the Law revision ordinance, ch. 1, no. 1, by Elliot Francis Maingot.
General Note: Cover title: Laws of Trinidad and Tobago, 1950.
General Note: "Contains the ordinances of the colony in force on the 31st day of December, 1950, exclusive of those reserved by ordinance no. 23 of 1949 and by subsequent proclamations."
 Record Information
Bibliographic ID: UF00076995
Volume ID: VID00003
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABC5972
oclc - 02958982
alephbibnum - 000255255
lccn - 54017719

Table of Contents
    Title Page
        Title Page 1
        Title Page 2
    Table of Contents
        Page v
        Page vi
        Page vii
        Page viii
    Immigration and emigration
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
        Page 7
        Page 8
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    Nationality and aliens
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    Labour and industry
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    Agriculture
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    Forestry
        Page 493
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    Animals and animal diseases
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    Mines and minerals
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    Property and conveyancing
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Full Text














TRINIDAD AND TOBAGO

REVISED ORDINANCES, 1950

PREPARED UNDER THE AUTHORITY OF
THE LAW REVISION ORDINANCE
Ch. 1. No. 1.

BY
ELLIOT FRANCIS MAINGOT
CROWN SOLICITOR OF TRINIDAD AND TOBAGO



THIS EDITION CONTAINS THE ORDINANCES OF THE COLONY
IN FORCE ON THE 31ST DAY OF DECEMBER, 1950,
EXCLUSIVE OF THOSE RESERVED BY ORDINANCE No. 23 OF
1949 AND BY SUBSEQUENT PROCLAMATIONS.


VOL. I1.



Price per set of 10 Volumes--25 or $120.00 British Caribbean Currency




PRINTED BY
0. F. ROWORTH LTD., 88, FETTER LANE, LONDON, E.C.4.
1951.
[Appointed by the Government of the Colony of Trinidad and Tobago the Gover ment Printers
of this Edition within the meaning of the Evidence (Colonial Statutes) Act, 1907 ]
To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agenta
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( v )


CONTENTS.




VOLUME III.



CHAPTER 20.

IMMIGRATION AND EMIGRATION.
VOL..


III.


IMMIGRATION (INDIAN) ... ...
IMMIGRATION (RESTRICTION) ...
DEPORTATION (BRITISH SulBJ.CTs)
EMIGRATION (iCHILDREN) ... ...


PAGE
2
25
67
78


CHAPTER 21.

NATIONALITY AND ALIENS.


BRITISH NATIONALITY (OFFENCES AND FEES) ... 82
OIL RIGcrTS (ALIEN CONTROL) ... ... ... ... 84
ALIENS (LANDHOLDING) ... ... ... ... ... 92
ALIEN BANKERS ... ... ... ... ... ... 101
ALIEN MISSIONARIES AND TEACHERS ... ... ... 104
ALIEN CRIMINALS ... ... ... ... ... ... 106
EXPULSION OF UNDESIRABLE ALIENS ... ... ... 108


CHAPTER 22.

LABOUR AND INDUSTRY.


INDUSTRIAL TRAINING ...
LABOUR BUREAU ... ...
LABOUR STATISTICS ...
LABOUR (MINIMUM WAGE)


.........Il


... ... ... ...
... ... ... ...
... ... ... ...
... ... ... ...









Contents.


CHAPTER 22-- ABOUR AND INDUSTRY-continued.
VOL. III.


MASTERS AND SERVANTS ... ... ...
EMPLOYMENT OF WOMEN (NIGHT WORK) ...
RECRUITING OF WORKERS ... ... ...
FOREIGN LABOUR CONTRACTS ... ... ...
TRADE UNIONS ... ... ... ... ...
TRADE DISPUTES (ARBITRATION AND INQUIRY)
TRADE DISPUTES AND PROTECTION OF PROPERTY
TRUCK ... ... ... ... ... ...
WORKMEN'S WAGES (PROTECTION) ... ...
WORKMEN'S COMPENSATION ... ... ...
WORKMEN'S COMPENSATION (TRANSFER OF FUNDS)
W AGES COUNCILS ... ... ... ... ...


PAGE
129
136
139
149
155
173
179


... 184
... 188
... 190
... 219
... 221


CHAPTER 23.

AGRICULTURE.


1. DEPARTMENT OF AGRICULTURE ... ... ... ... 242
2. AGRICULTURE SOCIETY ... .. ... ... ... 245
3. AGRICULTURAL CO-OPERATIVE SOCIETIES ... ... 248
4. AGRICULTURAL CREDIT SOCIETIES ... ... ... 272
5. AGRICULTURAL CREDIT BANK ... ... ... ... 297
6. AGRICULTURAL CONTRACTS ... ... ... ... 321
7. AGRICULTURAL FIRES ... ... ... ... ... 347
8. MARKETING BOARD ... ... ... ... ... 356
9. CLAYING OF COCOA ... ... ... ... ... 364
10. FARMERS ADVANCES ... ... .. ... ... 368
11. SUGAR-CANE SMALL HOLDINGS ... ... ... ... 376
12. PRODUCTION OF CANE ... .. ... ... ... 381
13. SUGAR QUOTAS ... ... ... ... ... ... 398
14. SUGAR INDUSTRY SPECIAL FUNDS ... ... ... 403
15. FERTILISERS AND FEEDING STUFFS ... ... ... 408
16. COCOA INDUSTRY ... ... ... ... ... ... 415
17. PLANT PROTECTION ... ... ... ... ... 427
18. SALE OF PRODUCE ... ... ... ... ... 436
19. TOBAGO METAIRIE ... ... ... ... ... ... 465
20. RENTS OF SMALL AGRICULTURAL HOLDINGS ... ... 479










Contents.


CHAPTER 24.

FORESTRY.


VOL. III.
FORESTS ... ... ... ... ... ... ...
BOTANIC GARDENS ... ... ... ... ...
SAWMILLS ... ... ... ... ... ... ...


CHAPTER 25.

ANIMALS AND ANIMAL DISEASES.


VETERINARY SURGEONS (REGISTRATION)
DISEASES OF ANIMALS ... ... ...
BEEKEEPING AND BEE PRODUCTS ...
DOGS ... ... ... ... ...
FELINE ANIMALS ... ... ... ...
MONGOOSE ... ... ... ... ...
WILD ANIMALS AND BIRDS (PROTECTION)
POUNDS ... ... ... ... ...
FISHERIES ... ... ... ... ...


CHAPTER 26.

MINES AND MINERALS.

PETROLEUM DEPARTMENT AND CONSERVATION BOARD
PETROLEUM ... ... ... ... ... ...
OIL MINING AND REFINING ... ... ... ...
MINES, BORINGS AND QUARRIES... ...
MINING COMPENSATION ... ... ... ... ...
OIL AND WATER BOARD ... ... ... ... ...
OIL-BEARING SANDS (WATER CONTROL) ... ...
OILFIELD FIRES CONTROL ... ... ...
PIPE-LINES ... ... ... ... ... ... ...
ASPHALT INDUSTRY REGULATION ... ... ...
GEOLOGICAL SURVEY ... ... ... ... ...


PAGE
494
505
508


... ... 514
... ... 518
... ... 530
... ... 534
... ... 540
... ... 542
... ... 545
... ... 558
... ... 564















C('ontle's.


CHAPTERR 27.

PROPERTY AND t'ONVEYANL'ING.


DIRECrOR OF SI 'YS ... ... ...
LAND S RVFYORS ... ......
COLONY SUIRVY ......
DIVISION OF TRINIDAD ... ... .
CROWN LANDS ... ... .. ...
CROWN GRANTS AND LEASES (RE-ISSUOI
RESUMPTION OF LAND ... ...
LETTING OF HOUSES (IMPLIED TERMS
THREE CHAINS (TOBAGO) ... ...
LAND AcoQ isItiON... ... ... ...
REAL PROPERTY ... ... ... ...
CONVEYANCING AND LAW OF PROPERTY
MARRIED WOMEN' S PROPERTY ... ...
PARTITION ... ......
LEASES AND SALES OF SETTLED ESTATrES
LANDLORD AND TENANT ... ... .
SUMMARY EJECTION ... .
RENT RESTRICTION ... ... .
RENT RESTRICTION (SERVICED PREMISES)
RENT RESTRICTION (SHORT TENANCIES)
MORTGAGES OF PRODUCE ... ... ...


VOL. I11. PAGE
... ... 080
...... 081
... ... 684
... ... 691
... ... 709
...... 724
.. ... 72b
... ... 728
.. ... 730
.. ... 733
... ... 761
.. ... 839


... ... Q023
... ... 020
... ... 041
... ... 957
... ... 963
... ... 987
... ... 002
... ... 99b


CHAPTER 28.

REGISTRATION OF DEEDS.


REGISTRAR GENERAL
REGISTRATION OF DEEDS
TOBAGO DEEDS ...


1002
1000
1014


... .. . ... ...
. ... ... ...
.. .. ... ... ..












TRINIDAD AND TOBAGO.

Revised Ordinances, 1950.




CHAPTER 20.
IMMIGRATION AND EMIGRATION.
No. 1.-IMMIGRATION (INDIAN).
No. 2.-IMMIGRATION (RESTRICTION).
No. 3.-DEPORTATION (BRITISH SUBJECTS).
No. 4.-EMIGRATION (CHILDREN).


T.-III.








Ch. 20. No. 1.]


CHAPTER 20. No. 1.

IMMIGRATION (INDIAN).


Ordinance AN ORDINANCE RELATING TO THE IMMIGRATION
0o.1- OF INDIAN INDENTURED LABOUR.


Commence- [25th August, 1916.]
ment.

Short tile. 1. This Ordinance may be cited as the Immigration
(Indian) Ordinance.

Interpreta- 2. In this Ordinance-
tion.
Protector means the Protector of Immigrants
appointed under this Ordinance;
immigrant means any person introduced into
the Colony either wholly or in part at the expense of
the Immigration Fund or Planters (Immigration)
Fund; but this definition shall not affect the special
definition of the term contained in Part III. of this
Ordinance;
adult means an immigrant of or above the age
of eighteen years;
minor means an immigrant under the age of
eighteen years and of or above the age of twelve years;
infant means an immigrant under the age of
twelve years;
adult," minor," and infant respectively in-
clude an immigrant of uncertain age who has been
estimated by the Protector to be an adult, minor, or
infant, as the case may be;
ship includes a sea-going vessel of any description.


lmntiigration (Indian).







Immigration (Indian). [Ch. 20. No. 1. 3

3. (1) The forms set forth in the First Schedule hereto Forms.
shall respectively be used for and in respect of the several 1st Schedule*
matters in this Ordinance to which they refer.
(2) The Governor in Council may cause such forms to
be varied or altered or dispensed with, and also additional
forms to be framed, as occasion may require, for the purpose
of carrying out the provisions of this Ordinance, and such
varied, altered, or additional forms shall have the same force
and effect as if they were incorporated in the said Schedule.
Every such form shall be first published in the Royal Gazette.

PART I.
IMMIGRATION DEPARTMENT.
4. (1) The Governor, with the approval of the Secretary Appoint-
ment and
.of State, may appoint some fit and proper person to be salary of
Protector of Immigrants. Protector.
(2) He shall receive such salary as may be assigned to
him by the Legislative Council.

5. (1) The Protector shall be the head of the Immigration General
duties of
department established for the purposes of this Ordinance, Protector.
and shall be responsible to the Governor for the efficient
performance of its duties and for the proper carrying out of
the provisions of this Ordinance.
(2) He shall also keep the Registers of the Immigration
department, and shall exercise and perform such other
functions and duties in relation to immigration as may be
prescribed by this Ordinance, or as may be entrusted to him
by the Governor.

6. (1) The Governor may appoint such and so many fit Appoint-
and proper persons to be clerks, interpreters, and other duties, and
officers residing in the Colony respectively as may be salaries of
necessary for the performance of the ordinary duties of the officers.
Immigration department.
(2) The Governor may assign to any such officer a
district or place within which to act in the performance of
his duties, and may at any time remove him from one such
,district or place to another.
1 (2)








Ch. 20. No. 1.1 limniraiion (Insiiani).


(3) Every such officer shall receive such salary and
allowances as may for the time being he assigned to him
by the Legislative Council.


liso'. 7. Subject ito the control of the Governor, the Protector
etc.. of the shall have authority over the clerks, interpreters, and other
proriror. persons employed in the Inunmigration department. and shall
assign to each his duties.

Traxel 8. .\11 travelling expenses incurred by any officer of the
Immigration department in the performance of his duties,
and altested by proper vouchers, shall be paid from the
general revenue of the Colony: Provided that the expenses
of travelling between the ImmigTation Office and the
Immigration Depot shall be charged to the Planters
I mmigTa tion) Fund.


PART 11.
FISCAL PROVISIONS.
Establish- 9. For the purposes of this Ordinance there shall be a
ment o fund to be called the Planters (Immigration) Fund, a
Planters
(Immigr- separate account of which shall be kept by the Accountant
tion> General.
Fund.

Formation 10. The Planters (Immigration) Fund shall be credited
of and with all sums received on account of the immigration tax
charges upon
fund. levied by any Ordinance for the time being in force, and on
account of other items which, in the opinion of the Director
of Audit and subject to the approval of the Governor,
should be properly credited to the account, and shall be
debited with the whole annual cost of immigration under
this Ordinance, other than the salaries and expenses which
under the provisions of this Ordinance are directed to be
paid out of the general revenue of the Colony or out of
moneys to be voted by the Legislative Council, and other
than that portion of the cost of the return passages of
immigrants introduced subsequently to the 30th of Septem-
ber, 1902. which is not payable by such immigrants.








Inmnigration (Indian). ICh. 20. No. 1. 5

11. The cost of the return passages of immigrants invtrutiton
introduced subsequently to the 30th of September, 1(02, so u,,a.
far as the.salme is not payable by such immigrants, shall be
charged to the Repatriation lii'tl( established utt(ler the
proovisions of the I immigration Ordinance, 101J:
IProided that if at any time the total cost of return
passages of immigrants chargeable to thie Repatriation
F'und exceeds the sum then standing to thlie credit of the
Repatriation Fund. such excess shall be a charge on tlie
Planters (I nuligration) Fund.

PART Il1.
MAuIIAGc, I)IVouCE, ETC.
12. In this Part of this Ordinance.-- iterpreta-
ti n.
"immigrant means- tin
(i) any Indian immigrant introduced into the
Colony, British Guiana, or any British West
Indian Colony for the purpose of being indentured;
and
(ii) any descendant of an Indian immigrant so
introduced;
Chief Registrar means the Registrar of Marriages
appointed by the Marriage Ordinance;
Registrar includes the Chief Registrar and any
District Registrar;
Registrar of Marriages and District Registrar "
have the same meanings as in the Marriage Ordinance;
under age means under the age of twenty-one
years.

13. (1) This Part of this Ordinance shall apply to all Application
marriages and divorces between immigrants contracted, of Part II.*
effected, or registered between the 1st of July, 1881, and
the commencement of this Ordinance, and also to all such
marriages and divorces contracted or effected after the
commencement of this Ordinance, and all the provisions of
this Part of this Ordinance, except those which relate to
Sections 13, 14 and 16 to 23 inclusive do not apply to immigrants who belong
to the Muslim Faith or Religion, or to the Hindu Faith or Religion: see Ch. 29,
No. 4, section 31, and Ch. 29. No. 5, section 27.








Ch. 20. No. 1.] Immigration (Indian).


marriage and divorce, shall apply to all immigrants of
whatever religion: Provided that nothing in this Ordinance
contained shall be construed to prevent or disable any
immigrant, whether professing Christianity or not, from
contracting a civil marriage before the Registrar according
to the provisions of the Marriage Ordinance.
Protector to (2) Where, under the provisions of the Marriage-
be guardian
of infants Ordinance, the consent of any person is required to the
for purposes marriage of any party to an intended marriage who is under
of the
Marriage age, and there is no person who, under the provisions of
Ordinance. such Ordinance, is entitled to give such consent in the case
of an immigrant under age who is a party to an intended
marriage, then and in every such case it shall be lawful for
the Protector to give consent.

Registers. 14. For the purposes of this Part of this Ordinance, the
Forms Nos. 1 Chief Registrar shall keep a Colonial Register of Indian
and 2. Immigrants' Marriages and a Colonial Register of Indian
Immigrants' Divorces, and each District Registrar shall
keep a District Register of Indian Immigrants' Marriages
and a District Register of Indian Immigrants' Divorces,
and the Protector shall keep a Register of Indian Immigrants'
Marriages and a Register of Indian Immigrants' Divorces.
irmrsans. 15. (a) An immigrant who, at the time of his arrival in
the Colony, professes Christianity shall, immediately
upon such arrival, and
(b) an immigrant who, at any time after his arrival
in the Colony, embraces Christianity shall, immediately
upon such change of faith,
as to capacity or incapacity to contract marriage, and the
conditions subject to which and the manner in which
marriage may be contracted, be subject to the general law
of the Colony.
Abandonment of Christianity shall not affect the operation
of this section.

Marriage of 16. A marriage contracted between immigrants, both of
Chrisian whom at the date of the marriage profess the same religion,
immigrants. not being the Christian religion, shall, if contracted accord-
ing to the religion of such immigrants, and registered
according to this Ordinance, be deemed to be valid, if a date








Immigration (Indian). [Ch. 20. No. 1. 7

of marriage shall be specified in the register and at such
date the man shall have been at least sixteen years of age
and the woman at least twelve years of age, as from such
date; and in all other cases, as from the date of registration:
Provided that no marriage shall be registered unless the
parties shall be of such ages respectively at the date of
registration:
Provided also, that for the purposes of any criminal
prosecution, such marriage shall be deemed to be valid as
from the date of the actual registration thereof and not
from the date of marriage specified in the register.

17. Every application for the registration under this Application
Ordinance of any marriage, not being a Christian marriage, m rgite
shall be made to the Registrar of the district in which the
marriage was effected, or of the district in which the parties
have resided for a year immediately preceding such marriage,
or to the Protector, by both parties to such marriage:
Provided that if either of the parties to the marriage is
under age and has a father or a guardian living and resident
in the Colony, the application on behalf of such party shall
be made by such father or guardian:
Provided also, that it shall be lawful for any Magistrate,
on the complaint of either party to a marriage between
immigrants contracted according to the religion of such
immigrants that the other party or the parent or the
guardian of either of the parties who is under age has not
applied for the registration of such marriage or has not
attended before the Registrar or the Protector and signed
the register, to issue a summons calling upon such other
party or parent or guardian in default to show cause before
the expiration of fourteen days why an order should not
be made directing the Registrar or the Protector to register
such marriage notwithstanding the refusal or omission by
such other party, parent, or guardian to apply for the
registration of such marriage or to attend before the
Registrar or Protector and sign the register; and if, after
the expiration of fourteen days from the service of such
summons, the said other party or parent or guardian shall
not have appeared before such Magistrate or shall not have
shown good cause for such refusal or omission as aforesaid,
it shall be lawful for such Magistrate, by an order in writing








8 Ch. 20. No. 1.] Immigration (Indian).

under his hand, to direct the Registrar or Protector to
register such marriage on the application alone of the party
applying, and the registration of such marriage in accordance
with such order shall be as valid and effectual as if the other
party or parent or guardian had duly attended and signed
the register and applied for the registration of such marriage.

Divorce.
Divorce of 18. A divorce effected between two immigrants both of
Christian whom, at the date of the marriage thereby dissolved,
immigrants. professed the same religion, not being the Christian religion,
shall if effected according to such religion, and registered
according to this Ordinance, be deemed valid for all purposes
as from the date of divorce specified in the register, or, if
no such date is specified, as from the day of registration.
Application 19. Every application for the registration under this
to register
divorce. Ordinance of a divorce shall be made to the Registrar of the
district in which the divorce was effected or to the Protector,
by one or both of the parties to the marriage dissolved.
Registration.
Conditions 20. On application being made to a Registrar or to the
of registra-
tion. Protector to register under this Ordinance any marriage or
divorce, the Registrar or Protector shall-
(1) satisfy himself whether or not such marriage or
divorce was effected by the person or persons by whom
it is represented to have been effected;
(2) satisfy himself as to the identity of the persons
appearing before him and alleging that the marriage or
divorce has been effected between them;
(3) in the case of any person appearing as parent or
guardian, satisfy himself as to the right of such person
so to appear.
If the Registrar or Protector is satisfied on the above points
and not otherwise, he shall make an entry as follows:-
(a) Of a marriage, in the District Register of Indian
Immigrants' Marriages or in the Register of Indian
Immigrants' Marriages;
(b) Of a divorce, in the District Register of Indian
Immigrants' Divorces or in the Register of Indian
Immigrants' Divorces:








Immigration (Indian). [Ch. 20. No. 1.


Provided that such registration shall not be made except
in the presence of every person who by this Ordinance is
required to sign the same or otherwise in accordance with
this Ordinance.

21. The mode of registering a marriage under this Mode of
Ordinance shall be as follows:- registeing
marriage.
(1) An entry according to form 1 in the First Schedule Form No. 1.
hereto shall be made in the District Register of Indian
Immigrants' Marriages or in the Register of Indian
Immigrants' Marriages;
(2) Such entry shall be signed-
(a) by the Registrar or Protector, as the case
may be; and
(b) by each of the parties to the marriage if not
under age, or by the father or guardian of either of
the parties who is under age; and
(c) by two witnesses present at the marriage
ceremony.

22. The mode of registering a divorce under this Ordinance Mode of
shall be as follows:- divorce.
(1) An entry according to form 2 in the First Form No. 2.
Schedule hereto shall be made in the District Register
of Indian Immigrants' Divorces or in the Register of
Indian Immigrants' Divorces;
(2) Such entry shall be signed-
(a) by the Registrar or Protector, as the case
may be; and
(b) in the case of Mahomedans of the Suni sect,
by the party or parties who have effected the
divorce, and by the witness or witnesses who
identify such party or parties;
(c) in the case of persons other than Mahomedans
of the Suni sect, by the party or parties who have
effected the divorce, and by two witnesses of the
same religion as the party or parties who have
effected the divorce, such witnesses having im-
mediately before, and in the presence of the










Registrar or Protector, made and signed a declara-
Form No. 3. tion according to form 3 in the First Schedule
hereto.

Limit of 23. (1) Registration under this Ordinance of any marriage
time for may be made at any time within twelve months after such
registration. marriage: Provided that if at the time of the marriage the
parties to it or either of them are, in the case of the man,
under sixteen years of age, and, in that of the woman,
under twelve years of age, such registration may be made
at any time within one year of the man attaining the age
of sixteen or of the woman attaining the age of twelve,
whichever event shall last happen, and not later.
(2) Registration under this Ordinance of any divorce
may be made within twelve months after such divorce and
not later.
(3) Provided always, that notwithstanding anything
in the two preceding subsections mentioned, it shall be
lawful for any Magistrate or Judge of the Supreme Court
to order the registration of any marriage or divorce after
the expiration of the said period of twelve months if good
cause be shown for the omission to register previously, or
if in the opinion of such Magistrate or Judge registration is
desirable to meet the justice of the case: Provided also, that
every application to a Magistrate or Judge for an order
under this section shall be made, heard, and determined in
open court at some public sitting of the court held by the
Magistrate or Judge to whom such application shall be made.

Appeal 24. Where, upon an application to register under this
where
registration Ordinance any marriage or divorce, a Registrar or the
refused. Protector refuses to make such registration, the applicant or
either of the applicants whose application is refused may
apply to the Supreme Court to have such registration made,
and upon such application, if it appears that the registration
ought to be made, the Court shall order the Registrar or the
Protector, as the case may be, to make such registration, and
may make such order as to costs as seems just.

Cancelling 25. Where registration under this Ordinance has been
registration. made of any marriage or divorce, any person aggrieved by


Immigration (Indian).


Ch. 20. No. 1.]








Immigration (Indian). [Ch. 20. No. 1. 1I

such registration may apply to the Supreme Court to have
such registration cancelled, and upon such application, if
it appears that the registration ought not to have been made,
the Court shall order the Registrar or the Protector, as the
case may be, to cancel such registration, and may make such
order as to costs as seems just.

"26. Every Registrar, not being the Chief Registrar, shall Entries in
transmit to the Chief Registrar a copy of every entry of a Register.
marriage or divorce made by him in his District Register of
Indian Immigrants' Marriages or his District Register of
Indian Immigrants' Divorces within one week after such
entry is made, and the Chief Registrar shall forthwith enter
in the Colonial Register of Indian Immigrants' Marriages
a copy of every entry of a marriage made by him in his
District Register of Indian Immigrants' Marriages and of
every copy of an entry of a marriage transmitted to him
by any other Registrar pursuant to this Ordinance, and shall
forthwith enter in the Colonial Register of Indian Immi-
grants' Divorces a copy of every entry of a divorce made by
him in his District Register of Indian Immigrants' Divorces
and of every copy of an entry of a divorce transmitted to
him by any other Registrar pursuant to this Ordinance.

27. A copy of every entry of a marriage made in the Marriages
Protector's Register of Indian Immigrants' Marriages or Prgiter by
Register of Indian Immigrants' Divorces shall, within one
week after such entry is made, be transmitted by the
Protector to the Chief Registrar, who shall make a corres-
ponding entry in the Colonial Register of Indian Immigrants'
Marriages or Divorces, as the case may be.

Procedure.
28. Any application to the Supreme Court under this Procedure.
Part of this Ordinance, and the subsequent proceedings
thereupon, shall be as prescribed by general orders made
by the Chief Justice, with the concurrence of a Puisne Judge,
under this Ordinance, or if no such orders are made, and
subject to such orders (if any), the application shall be by
motion and the subsequent proceedings shall be according
to the usual practice of the Court on motion. The procedure








12 Ch. 20. No. 1.] Immigration (Indian).

before a Petty Civil Court shall be in accordance with the
Petty Civil Courts Ordinance, and the procedure in applica-
tions to a Magistrate shall be according to the Summary
Courts Ordinance, except that the procedure before a
Magistrate sitting as a Judge of a Petty Civil Court shall be
according to the law for the time being in force regulating
such Petty Civil Courts.

Publication 29. All general orders made under the last preceding
orders, section shall not have any force or effect until they have
been approved by the Governor and the Legislative Council,
and when so approved shall have the same force and effect
as if they were contained in an Ordinance, and may be
disallowed by His Majesty in the same manner and with the
same consequences as in the case of an Ordinance. All such
general orders shall be published in the Royal Gazette.

Proof of 30. An entry, whether purporting to be an original entry
marriage or
divorce, or not, in any register directed by this Ordinance or by any
other Ordinance relating to immigrants to be kept, shall be
conclusive evidence till the contrary is proved of the
marriage or divorce of the parties to whom the entry relates,
and also, subject to the provisions of section 16, of the date
of such marriage or divorce, if the same is specified in the
entry, and no other evidence of a marriage or divorce
between immigrants not effected under the Marriage
Ordinance, or other general law of the Colony relating to
marriage, shall be admissible in any proceedings, whether
criminal or civil.

Proof of 31. (1) Where any entry is required by this Ordinance
entries in
registers and to be made in any register, primed facie evidence may be
certificates, given of such entry in all courts of justice and in all legal
proceedings by production of a writing purporting to be
certified by the person having the custody of such register
to be a true copy of such entry.
(2) Where any certificate is by this Ordinance required
or authorised to be given, primd facie evidence of such
certificate may be given in all courts of justice and in all
legal proceedings by production of a certificate apparently
in accordance with this Ordinance and purporting to be
signed as required by this Ordinance.








Immigration (Indian). [Ch. 20. No. 1.


(3) No proof shall be required of the handwriting or
official position of the person signing any certificate under
this section.
(4) Every certificate given under this Ordinance shall
be prima facie evidence of the facts therein certified.
(5) The provisions of this section shall be deemed to
be in addition to and not in derogation of any powers of
proof under any existing law or Ordinance.

32. It shall be lawful for all persons at all reasonable Right to
times to search the entries in the Colonial or any District Registers.
Register or the Protector's Register of Indian Immigrants'
Marriages and in -the Colonial or any District Register or
the Protector's Register of Indian Immigrants' Divorces in
the presence of the person in whose custody such registers
respectively are, and to have true copies certified under the
hand of such person of any such entries: Provided that
before allowing any such search or furnishing any such
certified copy, any such person shall be entitled to demand
the following fees, that is to say:-
For every search ... ... twenty-four cents,
For every certified copy ... twenty-four cents,
which fees shall be paid into the Treasury.

Offences.
33. Every person making, signing, or attesting any signing false
declaration or certificate by this Part of this Ordinance or certificate.
required or authorised to be made or given, containing a
statement which is false, and which he either knows or
believes to be false or does not believe to be true, shall be
guilty of a misdemeanor, and may be imprisoned for
five years.

34. Any person who forges or alters in any material Forgery of
particular, or offers, utters, disposes of, or puts off, knowing
the same to be forged or altered in a material particular,
any certificate by this Part of this Ordinance required or
authorised to be given, shall be guilty of a misdemeanor,
and may be imprisoned for five years.








14 Ch. 20. No. 1.] Immigration (Indian).

Offences by 35. If the Protector-
Protector.
(a) fails to enter forthwith in the Register of Indian
Immigrants' Marriages or Register of Indian Immi-
grants' Divorces any marriage or divorce which he is
required to enter therein, or
(b) fails to transmit to the Chief Registrar a copy of
an entry of marriage or divorce made in the Register
of Indian Immigrants' Marriages or Register of Indian
Immigrants' Divorces within one week after the
entry was made, or
(c) fails to cancel any entry of marriage or divorce
within one week after the certified copy or order
authorising such cancellation reaches or is produced
to him,
he shall be liable to a fine of forty-eight dollars.

Offences 36. If the Chief Registrar-
by Chief
Registrar. (a) fails to enter in the Colonial Register of Indian
Immigrants' Marriages-
(i) a copy of any entry of a marriage made in
his District Register of Indian Immigrants' Mar-
riages immediately after such entry was made, or
(ii) a copy of any copy of an entry of a marriage
transmitted to him pursuant to this Ordinance
within one week after such copy reaches him, or
(b) fails to enter in the Colonial Register of Indian
Immigrants' Divorces-
(i) a copy of any entry of a divorce made in his
District Register of Indian' Immigrants' Divorces
immediately after such entry is made, or
(ii) a copy of any copy of an entry of a divorce
transmitted to him pursuant to this Ordinance
within one week after such copy reaches him,
he shall be liable to a fine of forty-eight dollars.

Offences by 37. If any Registrar-
Registrars.
(a) fails to register forthwith any marriage or divorce
which he is by this Ordinance required to register, or
(b) fails to transmit to the Chief Registrar a copy of
any entry of a marriage or divorce made in his District








Immigration (Indian). [Ch. 20. No. 1. 15

Register of Indian Immigrants' Marriages, or in his
District Register of Indian Immigrants' Divorces,
pursuant to this Ordinance, within one week after such
entry was made, or
(c) fails to cancel any entry of marriage or divorce
within one week after the certified copy or order
authorising such cancellation reaches or is produced
to him,
he shall be liable to a fine of forty-eight dollars.

Betrothal gifts.
38. If any male immigrant shall have made to any Recovery of
female immigrant or to her parents or guardians or either git
of them any payment or gift of money, securities for money,
jewelry, food, clothing, or other chattel in consideration of
the betrothal or marriage or promise in marriage of such
female immigrant, whether to himself or any other male
immigrant, and such betrothal or promise has not been
followed by actual marriage and by the registration of such
marriage, it shall be lawful for such male immigrant to sue
for and recover back in an action any such gifts or the
value thereof and the amount of any money made or paid
as aforesaid: Provided that where the value of such gifts
and the amount of such money do not together exceed
two hundred and forty dollars the proceedings shall be by
action in any Petty Civil Court, and every Judge of such a
Court is hereby authorised and required to entertain and
adjudicate upon any claim brought before him under this
section any law or Ordinance to the contrary notwith-
standing.

PART IV.
CERTIFICATES OF EXEMPTION FROM LABOUR.
39. (1) Every immigrant who may have completed any Granting of
term of service under indenture, whether entered upon e nti of
before or after the commencement of this Ordinance, or from labour.
whose indenture may have been duly determined or may
hereafter be determined under this Ordinance, shall be
entitled to receive, free of charge, a certificate of exemption Form No. 4.
from labour.








16 Ch. 20. No. 1.] Immigration (Indian).

(2) The Protector shall record every such certificate
in the General Register of Immigrants introduced into the
Colony.

Loss of 40. (1) Every immigrant whose certificate of exemption
exemptie on from labour has been lost or destroyed shall be entitled, on
from labour, proving to the satisfaction of the Protector that he is then
etc. entitled to such certificate and that such certificate has been
lost or destroyed, and on payment of twenty-four cents, to
receive a duplicate of such certificate.
(2) Every immigrant shall be entitled to receive a
certified extract from any register kept by the Protector, on
payment of twenty-four cents for every such extract.

Use by an 41. If any immigrant uses or attempts to use any
immigrant o certificate of exemption from labour, not being the immi-
pass of grant to whom such certificate was granted, he shall be liable
another to a fine of twenty-four dollars, or to imprisonment for
two months, or to both such fine and imprisonment.

Forgery of 42. Every person who forges or alters, or offers, utters,
erxmcte of disposes of, or puts off, knowing the same to be forged or
from labour, altered, any certificate of exemption from labour mentioned
in this Ordinance or any endorsement provided by this
Ordinance to be made thereon, with intent to defraud, shall
be guilty of felony, and liable to imprisonment for two years.

PART V.
RETURN PASSAGES.
Right of 43. (1) Every immigrant who arrived in the Colony before
nmi'grant the 5th of August, 1898, and shall have completed a con-
passage. tinuous residence of ten years in the Colony, and has during
that time obtained or become entitled to a certificate of
exemption from labour, shall, if such immigrant desires to
return to the country in which he was recruited, be entitled
to be provided with a passage back to the port whence such
immigrant sailed for the Colony, on payment of one-fourth
of the passage money in the case of males and of one-sixth
thereof in the case of females, and the cost of the outfit for
the voyage. And every immigrant who has or shall have







Immigration (Indian). [Ch. 20. No. 1. 17

arrived after such 5th of August, 1898, and is otherwise
entitled as herein specified, shall be entitled to such return
passage on payment by him of one-half the passage money
in the case of males and of one-third thereof in the case of
females, the cost of outfit for the voyage being similarly paid
by such returning immigrant:
Provided in either case as follows:-
(a) every such immigrant who is destitute or disabled
shall be entitled to a free passage;
(b) the wife and every son and daughter of every
such disabled or destitute immigrant, and any person
being an immigrant or the descendant of an immigrant
who is dependent on any such disabled or destitute
immigrant shall be entitled to a free passage if such
wife or son or daughter or other person sails from the
Colony with her husband or his or her parent or with
the person on whom he or she is dependent, as the case
may be, but not otherwise;
(c) where any son or daughter of any immigrant is a
child under the age of twelve years, the Governor may
refuse a return passage to such child, if it appears that
it is desirable, in the interests of the child, that the
child should remain in the Colony.
(2) This section shall not affect the rights of immi-
grants who have been engaged on the terms of being entitled
to a return passage wholly at the expense of the Colony.
(3) The right to a return passage in terms of this
section shall be subject, in the case of every person who has
previously proceeded to the Colony as an immigrant and has
returned to the country in which he was recruited, to any
condition made with him or her on his or her engagement
that he or she shall have no right to a free or reduced
return passage.
(4) Provided, however, that the Protector may, with
the express sanction of the Governor, in any particular case
and for special cause, relax any of the provisoes of this section.

44. Before the departure of any ship chartered at the Inspection,
expense of the Colony having return immigrants on board, with return
the Protector, assisted by a Government Medical Officer, immigrants.
T.-III. 2








18 Ch. 20. No. 1.] Immigration (Indian).

shall inspect the ship and the immigrants, and ascertain
whether the arrangements made for the passage and for the
treatment of the immigrants on board are in conformity with
the law, and shall make out a list of the immigrants on board
such ship who are entitled to a return passage in accordance
with the provisions of this Ordinance, and shall deliver the
same to the Surgeon Superintendent for the use of himself and
the master of such ship, and shall certify upon such list the
total number and description of the immigrants embarked,
together with the state and condition of such immigrants,
and that they have been provided with clothing suitable
for the voyage.
Report of 45. The Protector shall transmit to the Governor his
inspection to
be sent to report on the inspection, and shall also require and transmit
Governor, therewith the report of the Medical Officer who assisted in
the inspection.


PART VI.
PROCEDURE.
Procedure. 46. Subject to the express provisions of this Ordinance,
every complaint made under any of the provisions of this
Ordinance shall be laid or made before the Magistrate or a
Justice of the district in which the offence was committed
or the cause of complaint arose, and the procedure for the
recovery of any fine or penalty or the enforcement of any
imprisonment under the provisions of this Ordinance shall,
unless otherwise provided by this Ordinance, or in respect
of any felony or misdemeanor, be that provided by the
Summary Courts Ordinance.

Protector 47. Every information which may be laid and every
imy act r complaint which may be made under this Ordinance by an
immigrant may be laid or made by the Protector on his
behalf.

Appearance 48. In any proceeding taken by the Protector under this
of Protector. Ordinance, it shall not be necessary for him to attend in
person, unless he is a material witness, but he may authorise
any officer of the Immigration department to appear on
his behalf.







Immigration (Indian). [Ch. 20. No. 1. 19

49. When an immigrant is punishable under this Ordi- Immigrant
nance, and also under some other Ordinance or at Common with under
Law, he may be prosecuted and convicted under this this Ordin-
Siance or some
Ordinance or under such other Ordinance or at Common other Ordin-
Law, so that he is not twice punished for the same offence. ance or at
Common
Law.
50. The defendant in any proceeding under this Ordinance Evidence of
shall be entitled to be sworn and to tender his evidence on defendant.
oath; and every immigrant shall make such oath or
affirmation as he may declare to be binding on his con-
science, and shall be liable, in case of falsehood, to be
convicted and punished as for perjury.

PART VII.
MISCELLANEOUS PROVISIONS.
Care of orphans.
51. (1) The Protector may commit the care and custody Appoint-
of any orphan child of an immigrant to any person (herein- ratin of
after termed the guardian ") whom he may think a fit orphan.
and proper person to have the charge of such orphan child,
and may change .such guardian whenever he thinks fit.
(2) The Protector shall keep a Register of Orphans Form No. 5.
for the purposes of this section.

52. Every person who- Interference
(a) wilfully interferes with a guardian in any of the guardian,
duties of his guardianship, or etc.
(b) unlawfully removes or entices, or attempts to
remove or entice, an orphan from the care and custody
of his guardian,
shall be liable, on the complaint of the Protector, to a fine of
forty-eight dollars, or to imprisonment for three months.

Regulation of festivals.
53. The Governor may make regulations for the govern- Regulations*
ment of the festivals of immigrants, and of the processions for govern-
ment of
held by them in connection therewith, and for defining the festivals.
route of such processions, and for preventing obstructions
of the public highway by reason of such processions, and
For Regulations, see R.G. 13.11.1913.
2 (2)








Ch. 20. No. 1.] Immigration (Indian).


for securing the due maintenance of the public peace and
tranquillity during such festivals and processions. Every
such regulation shall be published in the Royal Gazette.

Application 54. Any such regulations may be either general and
of regula-
tions, apply to every plantation or public highway of the Colony
or special and apply only to a particular plantation or public
highway, to be specified in the regulations.

contraven- 55. Every person who contravenes any such regulation
relaon of shall be liable to a fine of ninety-six dollars, or to imprison-
ment for six months. Any person offending against this
section may be arrested without warrant by any constable
within whose view the offence is committed and by him
detained until he can be brought before a Magistrate or
a Justice.

Prosecution 56. Any prosecution for the contravention of any such
ventiona regulation may be instituted by any constable.

Questions as to age, etc.
Decision of 57. Any question as to the age of an immigrant which
to age of may be raised under this Ordinance, otherwise than in a
immigrant. court of justice, may be decided by the Protector, and his
decision shall be final.

Contraven- 58. In any case where no punishment is provided for the
Ordinance contravention of any of the provisions of this Ordinance,
not pro- every person who is guilty of such contravention shall be
vided for. liable to a fine of twenty-four dollars.

Validation of 59. Notwithstanding anything to the contrary contained
entries i in this Ordinance or in any of the Ordinances mentioned in
marriage
registers. the Second Schedule hereto, an entry of marriage made in
the Register of Indian Immigrants' Marriages kept by the
Protector shall be deemed to be and to have been at all
times valid and conclusive evidence of the marriage of the
parties to whom the entry relates, if a date of marriage shall
be specified in the Register and at such date the man shall
have been at least sixteen years of age and the woman at
least twelve years of age, as from such date, and in all other
cases as from the date of registration.






SCHEDULES.


(Sections 14 and 21.)


FIRST SCHEDULE.
FORM No. 1.
THE IMMIGRATION (INDIAN) ORDINANCE.
Marriages Registered under the Ordinance.
Entry of Marriage.


Whether the
Bride is a
Spinster,
Widow, or
Divorced,
and whether
she is
adult or not.


Name and
Address of the
Guardian of
the Bridegroom
and his
relationship to
the Bridegroom
(if any).


f Name and
Address of the
Guardian of
the Bride
and his
relationship to
the Bride
(if any).


I I I I- I. I I- __________________________________________


* This Column will be blank if the Bridegroom is not represented by a Guardian.
f This Column will be blank if the Bride is not represented by a Guardian.


Consecutive
Number.


Name and
Address
of the
Bridegroom.


Name and
Address
of the
Bride.


Date
of the
Marriage.


Special
conditions
(if any).


House,
Estate,
or other
place and
Ward in
which the
marriage
took place.


Date
of
Registra-
tion.












(Sections 14 and 22.)


FORM No. 2.
THE IMMIGRATION (INDIAN) ORDINANCE.


Divorces Registered Under the Ordinance.
Entry of Divorce.


Consecu-
tive
Number.


Name and
Address of
husband.


Name and
Address of
wife.


Date
of
Divorce.


Descrip-
tion of
Divorce.


Manner
in which
the divorce
was
effected.


House, Estate,
or other
place and
Ward in
which the
divorce took
place.


I I I. I I-


Names and
Addresses of
witnesses to
the divorce
(if any).


Names and
Addresses of
the witnesses
identifying
the party or
parties by
whom the
divorce was
effected.


Date of
Registra-
tion.












Immigration (Indian). [Ch. 20. No. 1.


FORM No. 3.

THE IMMIGRATION (INDIAN) ORDINANCE. (Section 22.)

Declaration of Witnesses to a Divorce.

\\'e, A.B., of, etc., and C.D., of, etc., severally declare as follows: ---
1. Each of us is of the same religion as E.IF., of, etc., and G.H., of, etc., both of
whom are now present, that is to say [of the Shiah sect of Mahomedans].
2. We were present on the day of 1) at when a
divorce between the said E.F. and G.H. was effected in the following manner (that
is to say) [describe manner of effecting divorce] and we severally say that such divorce
was well and truly effected according to the religion [of the Shiah sect of Mahomedans].
3. We are aware that if the statements made by us respectively are false and if in
making such statements we either know or believe them to be false or do not believe
them to be true we are liable to imprisonment.
A.B.
C.D.
Before me,
F.H.F.
Registrar of the District of






FORM No. 4.

Certificate of Exemption from Labour. (Section 39.1
TRINIDAD.
I hereby certify that the undermentioned Immigrant has completed term of
service under indenture on plantation and is exempt from labour under the
provisions of the Immigration (Indian) Ordinance.
Name of Immigrant
Father's Name
Sex
Age on Arrival
Height
No., Ship, and year of Arrival
Date of Indenture
Bodily Marks
Number of Certificate
Date of Issue
Dated this day of 19
(Signed)
Protector of Immigrants.













Ch. 20. No. 1.]


Immigration (Indian).


FORM No. 5.
Register of Orphans.


No. Name. Sex. Age. No., Ship, and Year -
I of Arrival. 1


Mother.
Name. No., Ship, and Year
of Arrival.


Guardian
Date of Remarks.
Name. Residence. Adoption.


SECOND SCHEDULE..

The Immigrants' Marriage and Divorce Ordinance, 1881.
The Immigrants' Marriage and Divorce Ordinance, 1891.
The Immigration Ordinance, 1896 (No. 12 of 1897).
The Immigration (Amendment) Ordinance, 1897.
The Immigration Ordinance, 1899.
The Immigration Ordinance (No. 161 of the 1905 Revised Edition of
Ordinances).
The Immigration Ordinance, 1916.


(Section 51
(2).)


Father.


(Section 59.)








Immigration (Restriction).


CHAPTER 20. No. 2.

IMMIGRATION (RESTRICTION). Ordinances
Ch.20. No.2-
1940.
No. 29-1941.
AN ORDINANCE TO IMPOSE RESTRICTIONS ON IMMIGRATION. 26-1943.
,, 18-1944.
,, 19-1945.
[2nd June, 1936.] Commence-
ment.

1. This Ordinance may be cited as the Immigration Short title.
(Restriction) Ordinance.

PART I.
2. (1) In this Ordinance, unless the context otherwise Definitions.
requires.- Ord.19-1945,
s. 2.
dependant in relation to another person means-
(a) the wife of such person provided she
is not living apart from him under a decree of a
competent court or a deed of separation,
(b) the child or step-child under the age of
sixteen years, of such person,
(c) an adopted child under the age of sixteen
years having been adopted by such person in a
manner recognized by law;
domicil means the place in which a person has
his present home or in which he resides or to which he
returns as his place of present permanent abode and
not for a mere special or temporary purpose; and a
person shall not be deemed to have a domicil within
the Colony for the purposes of this Ordinance unless
he has resided therein for at least two years otherwise
than under terms of conditional or temporary residence
permitted by this Ordinance or any other law in force
in the Colony or as a person under detention in a
prison, reformatory, orphanage, mental hospital or


[Ch. 20. No. 2.








26 Ch. 20. No. 2.] Immigration (Restriction).

leprosarium; and a person shall be deemed for the
purposes of this Ordinance to have lost his domicil
within the Colony if he voluntarily go and reside
outside the Colony (except for a special or temporary
purpose) with the intention of making his home outside
the Colony; and domiciled shall have a corres-
ponding meaning;
immigrant means a person who enters the Colony
from a place outside the Colony, whether for the first
or at any subsequent time;
immigration officer includes Chief Immigration
Officer and Deputy Chief Immigration Officer;
master means the person having command or
charge of a vessel;
vessel means any steamship, ship, vessel, sloop,
boat or other floating craft and includes any description
of aircraft.
(2) For the purposes of this Ordinance a person shall
be deemed to belong to the Colony if he is a British subject
and-
(a) was born in the Colony or of parents who at the
time of his birth were domiciled or ordinarily resident
in the Colony; or
(b) is domiciled in the Colony; or
(c) has been ordinarily resident in the Colony
continuously for a period of seven years or more and
since the completion of such period of residence has
not been ordinarily resident in any other Common-
wealth country or any territory under His Majesty's
protection, continuously for a period of seven years
or more; or
(d) obtained the status of a British subject by
reason of the grant by the Governor of a certificate of
naturalisation under the British Nationality and Status
of Aliens Act, 1914*; or
(e) is a dependant of a person to whom any of the
foregoing paragraphs applies.
(3) For the purposes of this Ordinance a person shall
be deemed to belong to a particular place outside the
See also British Nationality Act, 1948 (11 & 12 Geo. 6, c. 56) Vol.IX. p.l.








Immigration (Restriction). [Ch. 20. No. 2. 27

Colony if he is a national of the Country or State of which
that place forms part or of which it is a dependency and-
(a) was born in that place or of parents who at the
time of his birth were domiciled or ordinarily resident
in that place; or
(b) is domiciled in that place; or
(c) has been ordinarily resident in that place con-
tinuously for a period of seven years or more and since
the completion of such period of residence has not been
ordinarily resident in any other place continuously for
a period of seven years or more; or
(d) is a dependant of a person to whom any of the
foregoing paragraphs applies.
(4) For the purposes of this Ordinance, a person
enters the Colony if he arrives by sea or by air with the
intention of disembarking in the Colony or if he disembarks
in the Colony.

3. (1) (a) The Commissioner of Police shall be the Chief Appoint-
ment of
Immigration Officer for the purposes of this Ordinance. immigration
(b) The Governor shall from time to time appoint d.e3-1945
a Deputy Chief Immigration Officer and such Officer shall s. 3.
have and exercise all the powers vested in the Chief Immi-
gration Officer by this Ordinance.
(c) The Governor may appoint immigration officers
for all or any specified parts of the Colony for the purpose
of carrying out the provisions of this Ordinance.
(2) Any officer of the Police Force not below the rank
of Assistant Superintendent, may, if so authorised by the
Chief Immigration Officer and subject to his directions,
act as an immigration officer.
(3) For the purpose of performing his duties under
this Ordinance an immigration officer shall have the
powers of a constable and may board and search any
vessel arriving in the Colony.

4. (1) The following persons (not being persons deemed Enumera-
to belong to the Colony as defined by subsection (2) of prohibited
section 2), are prohibited immigrants:- immigrants.
(a) any person who is likely if he entered the Colony








Ch. 20. No. 2.] Immigration (Restriction).


to become a charge on public funds by reason of
infirmity of body or mind or of ill health or who is not
in possession of sufficient means to support himself
and such of his dependants as he shall bring with him
to the Colony;
(b) any idiot or epileptic or any person who is
insane or mentally deficient or any person who is
deaf and dumb or deaf and blind, or dumb and blind,
unless in any such case he or a person accompanying
him or some other person gives security to the satisfac-
tion of the Chief Immigration Officer for his permanent
support in the Colony or for his removal therefrom
whenever required by the Chief Immigration Officer;
Ord. 19- (c) any person certified by a Medical Officer to be
1945,s. 4. suffering from any variety of leprosy or from a com-
municable disease which makes his entry into the
Colony dangerous to the community;
(d) any person over sixteen years of age who by
reason of deficient education is unable to fill up the
prescribed form of declaration for immigrants in his
own hand-writing and is likely to become a charge
on public funds;
(e) any prostitute or any person who may be living
on or receiving or may have lived on or received the
proceeds of prostitution;
(f) the children under the age of sixteen years, being
dependants of a prohibited immigrant;
(g) any member of a class of persons deemed by the
Governor in Council on economic grounds or on
account of standard or habits of life to be undesirable
immigrants and so declared by order published in the
Royal Gazette;
Ord. 26- (h) any person who from information or advice which
1943, s. 2. in the opinion of the Governor in Council is reliable
information or advice is deemed by the Governor in
Council to be an undesirable inhabitant of or visitor
to the Colony;
(i) any person who, not having received a free
pardon, has been in any country convicted of an offence
for which a sentence of imprisonment has been passed








Immigration (Restriction). [Ch. 20. No. 2. 29

and who for this reason is deemed by the Governor in
Council to be an undesirable immigrant.
(2) Notwithstanding anything to the contrary in this Power to
Ordinance contained, the Governor in Council may exempt exempt.
any person from the provisions of paragraphs (a) to (g) of
subsection (1) of this section.
(3) No appeal shall lie against the decision of the No appeal
Governor in Council in regard to any of the persons men- eison of
tioned in paragraphs (g), (h) and (i) of subsection (1) of Governor.
this section unless such appeal be directed to identity only
of the person affected by the decision.
(4) Notwithstanding anything contained in this Ordi- Power to
nance, the Governor may in his absolute discretion prohibit prohibit the
the entry of any alien into the Colony. alien into
the Colony.
5. (1) A person entering the Colony without a passport Passports.
shall be deemed to be a prohibited immigrant unless and
until he explains why he has no passport, and establishes
his identity and nationality, to the satisfaction of the
immigration officer.
(2) In this section the expression passport means
a passport furnished with a photograph and duly issued
to the person named therein by or on behalf of the Govern-
ment of the country of which he is a subject or citizen,
not more than five years before the date of his arrival, or
some other document establishing the identity and nation-
ality of the immigrant to the satisfaction of an immigration
officer:
Provided that the Governor may by regulation order
that the passport of a national of any or all foreign countries
shall not be accepted unless it bears a British consular visa.
(3) The Governor may by regulation exempt any class
of persons entering the Colony from the provisions of this
section either unconditionally or subject to such conditions
as may by such regulation be imposed.

6. The following persons or classes of persons shall not who are not
be prohibited immigrants for the purposes of this Ordi- prohibited
nance:-
(a) persons who belong to the Colony as defined by
subsection (2) of section 2;








Ch. 20. No. 2.] Immigration (Restriction).


(b) persons in the service of the Government of the
Colony;
(c) members of His Majesty's regular naval, military
or air forces;
(d) persons who are duly accredited to the Colony
by or under the authority of His Majesty or the
Government of any foreign state, and the staff of any
such persons;
(e) the dependants of the persons enumerated in
the previous paragraphs of this section;
(f) any other persons or class of persons to whom
this section may be applied by regulation.

Certificate of 7. The Chief Immigration Officer may in his discretion
ident it issue to any person who belongs to the Colony and who
to travel in desires to proceed thereout with the intention of returning
British West thereto-
Indies.
(a) a certificate of identity, when such person is for
any reason apprehensive that he will be unable to
prove on his return that he is not a prohibited
immigrant;
(b) a travel permit, to facilitate such person to
travel among the British West Indian Colonies including
British Guiana.

Duties of 8. (1) No person shall enter the Colony except at a
immigrants port of entry.
the Colony. (2) A person entering the Colony by sea shall not
disembark without the consent of the immigration officer,
and the master of the ship shall not allow any such person
to disembark without such consent.
(3) Every person entering the Colony by air shall
forthwith present himself in person, to the nearest immigra-
tion officer.
(4) Every person entering the Colony shall truthfully
answer all proper questions put to him by the immigration
officer for the purposes of this Ordinance, and shall also if
required by the immigration officer-
(a) make and sign the prescribed declaration, and
(b) submit to be examined by a Medical Officer.








Immigration (Restriction). [Ch. 20. No. 2.


(5) Any person who contravenes, or fails or refuses to ord.29-194.
comply with, any of the provisions of the preceding sub- s. 2.
sections of this section, when entering the Colony, shall be
deemed to be a prohibited immigrant and may be dealt
with as such.

9. (1) The master of a vessel, arriving from any place Master to
outside the Coloiiy or departing from the Colony shall fris
answer truthfully to the best of his ability all proper and list of
questions put to him by the immigration officer relating to P'"
the passengers, in so far as is necessary for the purposes of
this Ordinance and, if so required, furnish the immigration
officer with a list in duplicate signed by himself of the
names of all passengers in the vessel, and such other
information as may be prescribed, and every such passenger
shall supply the information necessary for the purpose of
the list.
(2) Any master who shall either refuse to supply such Penalty.
list or to answer any such questions or who shall knowingly
and wilfully give an .untrue answer thereto shall be liable
on summary conviction, to a fine of two hundred and
forty dollars.
(3) Any passenger intending to enter the Colony who Passenger
shall knowingly and wilfully supply any false information fpalsin-
in respect of such list or in answer to any proper question nation
put to him by an immigration officer in respect of the ty ofene.
particulars required for such list or otherwise for the
purposes of this Ordinance shall be liable, on summary
conviction, to a fine of two hundred and forty dollars.

10. An immigration officer may for the purpose of making immigration
further inquiry and for such period as may be necessary omce may
therefore postpone deciding whether an immigrant is or is decision.
not a prohibited immigrant and, in any such case, the rele- Ord.19-1945,
vant provisions of section 19 of this Ordinance shall apply:
Provided that the grant of a permit under the authority
of the said section to any such immigrant shall not prejudice
in any way the decision whether the immigrant is or is not
a prohibited immigrant or the taking of any action under
this Ordinance as a consequence of such decision: Provided
further that no such action shall be taken while such permit
is still in force.








32 Ch. 20. No. 2.] Immigration (Restriction).

Permits to 11. (1) Where an immigration officer decides that an
sick persons. immigrant is a prohibited immigrant on the ground that
s. 6. such immigrant is suffering from any variety of leprosy or
from a communicable disease, he may, with. the consent of
a Medical Officer, grant a permit to such immigrant to
disembark and remain in the Colony for the purpose of
treatment, subject to such conditions as the Medical Officer
may deem necessary for the protection of the community
and to such further conditions as may be prescribed, and
may require the immigrant to produce a certificate of a
government medical officer of the country from which he
has come, to the effect that the immigrant requires medical
treatment in the Colony, and a letter of introduction from
the immigrants' medical adviser to a medical practitioner
or institution in the Colony.
(2) Any such person, on the conclusion of his treat-
ment or at such earlier time as may be specified in the permit
granted under the authority of the last preceding subsection,
shall present himself in person to an immigration officer.
(3) The grant of a permit under this section shall not
prejudice a subsequent decision that the immigrant is a
prohibited immigrant on another ground and shall not
prevent any action being taken under this Ordinance as a
consequence of such decision.

Orders for 12. An immigration officer who decides that an immigrant
prohibited
immigrants is a prohibited immigrant may in his discretion-
olony.e the (a) if the immigrant arrived by sea, order him to leave
Ord.19-1945, the Colony and proceed immediately in the same
s. 7. vessel in which he arrived; or
(b) order him to leave the Colony within a specified
period to be determined by the immigration officer and,
if the immigration officer thinks fit, by a specified
vessel; or
(c) cause him to be arrested and brought before a
Magistrate's Court with a view to an order being made
for his removal from the Colony:
Provided that, subject to the provisions of this Ordinance,
the Governor or any immigration officer acting under the
directions, general or special, of the Governor, may grant a
permit to a prohibited immigrant to enter and remain in







Immigration (Restriction). [Ch. 20. No. 2. 33

the Colony, subject to such conditions as to duration, place
of residence, occupation, furnishing of security, or any other
matter or thing, whether similar to those enumerated above
or not, as may be deemed expedient.

13. (1) Where an immigrant desires to remain in the Permits to
Colony for a period not exceeding three years as a visitor, emaiCi
or for purposes of trade or business, or as a passenger in for a
transit, or for medical treatment, or for any other temporary tnpo ry
purpose, an immigration officer may, if so requested and if Ord. 19-1945.,
satisfied that such request is bona fide, without deciding s. 8.
whether such immigrant is or is not a prohibited immigrant,
grant him a permit to enter and remain in the Colony for
such period not exceeding three years as may be specified
by the immigration officer.
(2) When a permit has been granted by an immigra-
tion officer under this section for a lesser period than three
years, the Chief Immigration Officer may from time to time
extend such period up to a maximum of three years from
the date of entry.
(3) Whenever an immigrant desires to remain in the
Colony after the expiration of the period for which a permit
has been granted to or extended for him under this section,
he shall before such expiration present himself in person to
an immigration officer and shall be dealt with, subject to
the provisions of the last preceding subsection, as if he were
an immigrant entering the Colony for the first time.
(4) If an immigrant to whom a permit has been
granted under this section fails to leave the Colony on or
before the expiration of the period for which the permit has
been granted, he shall, unless such period has been extended
as provided in subsection (2) of this section, be deemed
to be a prohibited immigrant and may be dealt with
as such.
(5) Before granting a permit under this section or
extending the period for which any such permit has been
granted, an immigration officer or the Chief Immigration
Officer, as the case may be, may require the immigrant
applying for such permit or extension to furnish the
prescribed security.
T.-III. 3








34 Ch. 20. No. 2.] Immigration (Restriction).

Certificate 14. Where it is decided that an immigrant is not a
that a prohibited immigrant, the immigration officer shall, if so
person is
not a required, give that person a certificate to that effect.
prohibited
immigrant.
No exemp- 15. No prohibited immigrant shall be exempt from the
tion- or
acquisition provisions of this Ordinance or be allowed to remain in the
of domicil Colony or be deemed to have acquired a domicil therein
by pro-
hibited by reason only that he had not been informed that he could
immigrant not enter or remain in the Colony or that he had been allowed
Colony. n to enter or remain through oversight or misrepresentation,
Ord.19--1945, or owing to the decision of an immigration officer that he is
s. 9. not a prohibited immigrant given by mistake or in ignorance
of material facts, or owing to the fact having been undis-
covered that he was a prohibited immigrant.

Prohibition 16. Except as otherwise specially provided by this
of entry by Ordinance no prohibited immigrant shall enter the Colony,
prohibited
immigrant. and an immigration officer shall cause a prohibited immi-
Ord.19-1945, grant entering or found within the Colony (having entered
s. 10. after the commencement and in contravention of any of
the provisions of this Ordinance) to be removed therefrom
in the manner hereinafter provided.

Endorse- 17. Any permit granted under either section 11, 12 or 13,
ment on or under section 19 of this Ordinance pending decision of
passport,
etc., of an immigration officer as to whether an immigrant is or is
permit. not a prohibited immigrant, may be by endorsement on the
Ord.19-1945,
S. 11. passport or other document establishing the identity and
nationality of the immigrant or in such other manner as
may be prescribed.

Appeal 18. (1) Whenever leave to enter the Colony is withheld
against by an immigration officer or whenever any person is
detention or imrai a
restriction of detained, restricted or arrested as a prohibited immigrant,
prohibited notice of that fact and the grounds of refusal, detention,
immigrant. restriction or arrest shall be given by the officer to such
person in the prescribed form. If such notice is given
within seven days of the arrival of any immigrant, the
immigration officer giving such notice shall also inform, if
known, the master or local agent or owner of the vessel by
which the immigrant arrived that such notice has been given.







Immigration (Restriction). [Ch. 20. No. 2. 35

(2) Every immigrant to whom such notice has been
given may appeal to the nearest Magistrate's court. Notice
of the appeal must be given to the Magistrate's court and
to the immigration officer within seven days of the decision
appealed against. An appeal shall lie from the decision of the
Magistrate's court to the Full Court. No fee shall be
charged for the hearing of any appeal.
(3) Whenever an appeal to the Full Court is entered
at the instance of the immigrant, the Magistrate or a Judge
of the Supreme Court may, on the application of an
immigration officer, require the immigrant to give the
prescribed security within a time to be fixed by the
Magistrate or the Judge, and on the failure of the immigrant
to give such security the notice of appeal shall no longer be
effective and the appeal shall be deemed to have been
withdrawn.
(4) Pending the hearing of an appeal to the Magistrate's
court no warrant shall be issued or enforced for the removal
as a prohibited immigrant of the person so appealing, but
should it be held on the hearing of any such appeal that the
immigrant to whom notice has been given under sub-
section (1) of this section is a prohibited immigrant and
should no appeal to the Full Court from such decision be
entered within one week of the date of such decision, or on
failure to give security as required by the preceding sub-
section, the Magistrate shall issue a warrant for the removal
of the prohibited immigrant. In like manner should it be
held on appeal to the Full Court that the appellant is a
prohibited immigrant a Judge shall issue a warrant for the
removal of the prohibited immigrant.

19. (1) Whenever- Temporary
(a) a prohibited immigrant has delivered notice of penaing
appeal, appeal, etc.
(b) a prohibited immigrant is ordered to leave the
Colony,
(c) an immigration officer postpones deciding whether
a person is a prohibited immigrant, or
(d) security is required to be given in respect of an
immigrant,
the immigration officer may grant a permit for the immigrant
3 (2)








36 Ch. 20. No. 2.] Immigration (Restriction).


to remain in the Colony for so long as the immigration
officer considers necessary.
(2) In lieu of granting the permit or on revocation or
expiration of the permit, the immigration officer may
cause the immigrant to be arrested and brought before a
Magistrate who may either order the permit to be granted,
restored, or renewed and the immigrant to be released, or
order the immigrant to be detained in custody until the
matter is disposed of or until an opportunity occurs for
him to leave the Colony, as the case may require.

Finger- 20. A person held to be a prohibited immigrant or to
pnats whom a permit is issued shall, if so required by the immigra-
taken. tion officer, submit to his finger-prints being taken by the
immigration officer.

Conditions 21. (1) A person to whom a permit or certificate under
and restric- this Ordinance has been granted shall at all times produce
relating it to any immigration officer or constable on demand, and
to permits shall not lend, transfer, or assign it to any other person.
and certifi-
cateOd.29-1941 (2) No person shall borrow or make use of a permit
s. 3. or certificate which has been granted under this Ordinance
to any other person.
(3) A person having in his possession a permit or
certificate appearing to have been granted under this
Ordinance shall answer all questions put to him by an
immigration officer or constable for the purpose of establish-
ing his identity with the person named in the permit or
certificate, and shall, if so required by an immigration
officer or constable, submit to his finger-prints being taken
for that purpose.

Revocation 22. (1) A permit granted under this Ordinance may at
of permits. any time be revoked by the Governor or by an immigration
officer acting on the direction of the Governor, and may
also be revoked where the terms of the permit so provide.
(2) Where a permit is revoked, the immigrant may
be arrested and brought before a Magistrate's court to be-
dealt with for any infringement of this Ordinance in respect








Immigration (Restriction). [Ch. 20. No. 2. 37

of which he may be charged: Provided that the court may,
if the permit was not revoked by or by the direction of the
Governor, order the permit to be restored and the immigrant
to be released.


23. (1) If any person is held to be a prohibited immigrant,
then, subject to the provisions of this Ordinance and the
terms of any permit granted thereunder, any Magistrate
may, on the application of an immigration officer or of any
person deputed in writing by the Chief Immigration Officer
for the purpose of making such application, order the
immigrant to be removed from the Colony and in the
meantime to be detained in custody: Provided that no
application for such order shall be entertained in the case
of a British subject (not being a person who entered the
Colony in contravention of subsection (1) of section 8 or
who, on entering the Colony, contravened or failed to
comply with subsections (2) or (3) of section 8) unless
the application is made-
(a) if he entered the Colony in accordance with a
permit granted under section 11, within two years after
the date on which such immigrant should have presented
himself in person to the immigration officer for
examination;
(b) if he entered the Colony in accordance with a
permit granted under sections 12 or 13, within two
years after the expiry of such permit; -
(c) in any case in which an appeal has been made to
a Magistrate's Court or the Full Court, against a
decision that he is a prohibited immigrant, within
two years after the determination of the appeal;
(d) if he entered the Colony in accordance with a
permit granted under section 19 pending decision of an
immigration officer as to whether he is or is not a
prohibited immigrant, within two years after the
decision of the immigration officer that he is a pro-
hibited immigrant;
(e) in other cases, within two years of his arrival in
the Colony.


Removal
orders.
Ord.29-1941.
s. 4.
Ord.19-1945,
s. 12.


(2) An immigrant who is ordered to be removed








Ch. 20. No. 2.] Immigration (Restriction).


from the Colony shall with the approval of the Governor
be removed-
(a) to the place whence he came, or to any place to
which he consents to be removed;
(b) if he is a British subject, to a place in some part
of the British Commonwealth to which he belongs; or
(c) if he is not a British subject, to some place in
the country to which he belongs.
(3) Where an immigrant who is ordered to be
removed is serving a sentence of imprisonment, the
Governor may give directions as to whether the whole or
what part of the sentence is to be served before removal.
In default of such directions, the immigrant shall be
removed after completion of the sentence.
(4) An immigrant ordered to be removed may be
placed on board a suitable vessel by any constable or
immigration officer, and may be lawfully detained in
custody on board so long as the vessel is within the
territorial waters of the Colony.

Liability of 24. (1) Any person to whom leave to disembark has
reptate a been refused shall be removed from the Colony by the
prohibited master of the vessel in which he arrived, and by that same
immigrant. vessel, or with the consent of an immigration officer he
shall be removed by the owner or agent of that vessel, by
any other vessel, to the country to which he belongs or
from which he embarked for the Colony.
(2) If an immigrant, in respect of whom notice was
given to the master or local agent or owner of a vessel as
required by subsection (1) of section 18, is ordered to be
removed from or to leave the Colony within sixty days
of his arrival in the Colony, the master of the vessel in
which the immigrant arrived or of any vessel belonging to
the same owner or chartered by him shall at the request of
an immigration officer and on production to him of the
order receive the immigrant (and any of his dependants
whom he may have brought with him by the same vessel
into the Colony) on board and afford them a passage to
the country to which the immigrant belongs or from which
he embarked for the Colony.








Immigration (Restriction). [Ch. 20. No. 2. 39

(3) In the event of the immigrant and his dependants
being unable to defray the expenses of the passage required
to be provided under the preceding subsections the master
shall nevertheless provide the immigrant (and any of his
dependants whom he may have brought with him by the
same vessel into the Colony) with suitable accommodation
and maintenance during the passage free of charge to the
public funds of the Colony; saving nevertheless to the
master the right to recover such expenses from the
immigrant and his dependants.
(4) Except as provided in the preceding subsections
the expenses of passage of a prohibited immigrant and his
dependants (if any) removed from the Colony shall be
payable from the public funds of the Colony in so far as
they are not defrayed by the immigrant and his dependants.

25. The master of any vessel may, on the desertion of warrant to
any seaman, or the landing of any stowaway or prohibited ontedy
immigrant from his vessel, apply to a Magistrate for a immigrant
warrant to arrest and convey back on board the vessel ebak on
such seaman, stowaway, or prohibited immigrant, and the
Magistrate shall grant such application unless there are
special reasons for not doing so, and such master shall be
held harmless of all pains and penalties at law for anything
done by virtue of such warrant.

26. (1) Any master of a vessel who knowingly suffers Offences by
any prohibited immigrant who arrives in such vessel to persoas
land therefrom contrary to the provisions of this Ordinance prohibited
shall be guilty of an offence. immigrants
to land.
(2) Any person who knowingly lands or procures
to be landed or who aids or assists in landing any prohibited
immigrant contrary to the provisions of this Ordinance
shall be guilty of an offence.
(3) Any prohibited immigrant who knowingly and offence by
wilfully lands or suffers himself to be landed contrary to prohibited
the provisions of this Ordinance shall be guilty of an offence. immigrant.
(4) Any person who contravenes, or fails or refuses Penalty.
comply with, any of the provisions of subsections (1) to (4) Ord. 29-1941,
section 8 shall be guilty of an offence. S








Immigration (Restriction).


(5) Any person guilty of an offence under this section
shall, on summary conviction, be liable to a fine of two
hundred and forty dollars or to imprisonment for six months,
or to both such fine and imprisonment, and, in any case in
which the offender has contravened or failed to comply with
the provisions of subsections (1), (2) or (3) of section 8,
proceedings may, notwithstanding anything to the contrary
in the Summary Courts Ordinance, be brought at any time.

Offences and 27. Any person who-
penalties. (a) for the purpose of entering the Colony, or of
remaining therein, in contravention of this Ordinance
or any other law, or of assisting any other person so
to enter or so to remain, fabricates or falsifies any
passport, permit, certificate or other document, or
utters, uses, or attempts to use, any passport, permit,
certificate or other document which has not been
issued by lawful authority or which, though issued
by lawful authority, he is not entitled to use, or any
fabricated or falsified passport, permit, certificate or
other document, knowing it to have been fabricated
or falsified, or
(b) makes a statement which to his knowledge is
untrue in a declaration required to be made by an
applicant for the issue of a passport, or of a certificate
of identity, or of a travel permit to facilitate him to
travel among the British West Indian Colonies includ-
ing British Guiana, or
(c) obstructs, hinders or opposes any immigration
officer or constable in the execution of his duty under
this Ordinance, or
(d) without lawful excuse knowingly harbours or
conceals any other person who is within the Colony
in contravention of the terms of this Ordinance, or
who having entered the Colony in pursuance of
permission given as hereinbefore provided, has wilfully
failed to observe any condition attached to such
permission, or
(e) fails to comply with or contravenes the conditions
under which any permit, certificate or other document
has been issued to him under this Ordinance,


Ch. 20. No. 2.]








Immigration (Restriction). [Ch. 20. No. 2.


(f) being a prohibited immigrant, disembarks in the
Colony without previously obtaining a permit issued
under this Ordinance,
shall be liable, on summary conviction, to a fine of two
hundred and forty dollars, and in the case of a contravention
of paragraphs (a) (b) and (c) of this section, to imprisonment
for six months.

28. (1) A person detained in custody under this Ordinance Place of
but not serving a sentence of imprisonment may be so detention.
detained either in the Royal Gaol or in any place appointed
for the purpose by the Governor, but if detained in the
Royal Gaol he shall be treated as a person awaiting trial.
(2) The Governor in Council may make rules for the Ord. 26-
management, control, and discipline of any place appointed 1943, s. 3.
by the Governor under subsection (1) for the detention of
persons, for the diet of persons detained therein, and for
the punishment of persons detained therein for any offences
committed by them against such rules.

29. In any proceedings under this Ordinance- Evidence
and burden
(a) the burden of proof that the person charged of Sioof.
belongs to the Colony or that he is not likely to become
a charge on public funds shall be upon that person;
(b) a document purporting to be a removal order
made under this Ordinance shall, until the contrary
is proved, be presumed to be such an order; and
(c) any order made under this Ordinance shall be
presumed, until the contrary is proved, to have been
validly made and to have been made on the date upon
which it purports to have been made.

30. (1) A Magistrate who is satisfied that any expenses Recovery o
have been or will be incurred by the Government in con- expenses.
nection with the maintenance, medical treatment, or
removal of an immigrant, or his dependants may issue a
warrant for the levy of the amount by distress and sale of
any moveable property belonging to the immigrant and
order forfeiture of any moneys in his possession.
(2) Such warrant may be executed in the same








Ch. 20. No. 2.] Immigration (Restriction).


manner as a warrant for the levy of the amount of a fine
under the Summary Courts Ordinance.
(3) The partial recovery of expenses under this
section shall not prejudice the liability of any surety for
the balance, nor shall the issue or execution of a warrant
under this section be a condition precedent to the liability
of a surety.

Power to 31. (1) The Governor in Council may make regulations
make regua prescribing-
(a) the powers and duties of immigration officers;
(b) the steps to be taken to prevent the entrance of
prohibited immigrants into the Colony;
(c) the ports of entry and the times, places and
conduct of the inquiry or examination, medical or
otherwise, of persons entering or desiring to enter the
Colony, or who being found in the Colony are suspected
of being prohibited immigrants;
(d) the means to be taken for the identification of
any person believed to be a prohibited immigrant,
including the taking of photographs and finger im-
pressions;
(e) lists of communicable diseases, the affliction with
which will render a person a prohibited immigrant;
(f) the procedure for and the manner of the detention
of prohibited immigrants pending their removal from
the Colony and the procedure necessary for and the
manner of such removal;
Ord. 19.1945, (g) the permits and the certificates which may be
8.13. issued under this Ordinance, the conditions upon which
any such permit or certificate shall be issued, the
circumstances under which they may be cancelled and
the fees which may be charged for any such permit
or certificate; and the amount and nature of the
security to be furnished for the due carrying out of
any conditions upon which a permit to enter and
reside for a specified period may be issued to an
immigrant;
(h) the forms of warrants, permits, certificates or
other documents to be issued or used or of the declara-
tions to be made or of the books to be kept for the








Immigration (Restriction). [Ch. 20. No. 2. 43

purposes of this Ordinance, and the particulars to be
inserted in any such document, declaration or book;
(i) generally for the better carrying out of the
objects and purposes of this Ordinance.
(2) Regulations made under this Ordinance shall
have no force or effect until they have been approved by
the Legislative Council: Provided that, until varied or
revoked by any such regulations, the regulations and forms
contained in the Schedule hereto shall be in force. First
Schedule.
PART II. Ord. 4-1942.
& 2.
32. (1) In this Part of this Ordinance- interpreta-
certificate of identity means a certificate in the tiond
form of the Second Schedule of the identity of an im- Schedule.
migrant manual labourer issued on behalf of the
Government of the territory from which he has come;
finger print record means a record in a form
approved by the Commissioner of Police of the finger
prints of an immigrant manual labourer issued on
behalf of the Government of the territory from which
he has come;
immigrant manual labourer means an immigrant
who enters the Colony after the 14th of May, 1942, and
who, prior to such entry, ordinarily earned his liveli-
hood by manual labour: Provided that no person who,
on entering the Colony, deposits security or furnishes
a security bond in accordance with regulation 5 (1) of
the Immigration (Restriction) Regulations, or who
enters the Colony under permit granted under sec-
tions 11, 12 or 13, shall be deemed for the purposes of
this Part of this Ordinance to be an immigrant manual
labourer.
(2) Any statement of fact in a certificate of identity,
passport or other identity papers shall be prima facie
evidence of such fact.

33. (1) Without prejudice to any power conferred by Contracts of
sections 10 or 19 to allow entry of persons into the Colony "ploey t
under permit, an immigrant manual labourer shall be Ord. 4-1942,
deemed to be a prohibited immigrant unless- s. 3.
(a) he produces to the immigration officer a valid








44 Ch. 20. No. 2.] Immigration (Restriction).

written contract of employment in the Colony, bearing
a certificate of the Commissioner of Labour in the
following form:-
Approved under the Immigration (Restriction)
Ordinance.
Dated
(Sgd.)
Commissioner of Labour.
and
(b) a copy of such contract has been surrendered to
the Commissioner of Labour at the time of his certifi-
cation of the original.
(2) The Commissioner of Labour shall conform with
any general or special directions of the Governor in Council
in regard to the cases and circumstances in which he may
endorse such certificates and shall not endorse any such
certificate on any contract unless he is satisfied that-
(a) the wages and working conditions of the proposed
employment are not less favourable than those ordi-
narily prevailing for the occupation concerned in the
industry in which the immigrant has obtained em-
ployment;
(b) housing facilities for the immigrant are available
within a reasonable distance from the proposed place
of employment;
(c) the proposed employer is able to carry out his
undertaking to employ the immigrant at the wage
rates and working conditions and for the agreed
period;
(d) the contract offers the immigrant bona fide and
regular employment;
(e) the contract provides for the granting of leave
to the immigrant for the purpose of enabling him to
visit the territory from which he came for at least
7 days in each consecutive period of 12 months after
the commencement of the employment.
(3) From and after the 14th of May, 1942, para-
graph (3) of regulation 5 of the Immigration (Restriction)
Regulations, shall cease to apply to immigrant manual
a bourers.








Immigration (Restriction). [Ch. 20. No. 2. 45

(4) Any such contract as is contemplated by this
section, duly endorsed with the certificate of the Commis-
sioner of Labour, is hereinafter referred to as an original
contract of employment ".
(5) An immigrant manual labourer shall be deemed
to be a prohibited immigrant unless he takes up the
employment contemplated by his original contract of
employment within one month after his arrival in the
Colony or such further period as the Commissioner of
Labour may allow.


34. (1) On the expiry or determination of the original Termination
contract of employment of an immigrant manual labourer, of original
contracts of
he shall be deemed to be a prohibited immigrant unless, employment.
within one month thereafter or such further period as the and
subsequent
Commissioner of Labour may allow- contracts of
employment.
(a) he obtains, on a valid written contract of ord. 4-1942,
employment in the Colony, the like certificate as is s. 4.
mentioned in section 33 (1) (a), and surrenders a copy
of the contract to the Commissioner of Labour at the
time of certification of the original; or
(b) he leaves the Colony.
(2) Every valid written contract of employment in
the Colony of an immigrant manual labourer subsequent
to the original contract of employment, being duly certified
by the Commissioner of Labour, is hereinafter referred to
as a subsequent contract of employment ".
(3) Upon the expiry or determination of a subsequent
contract of employment the provisions of subsection (1) shall
apply as though it was an original contract of employment.
(4) The provisions of subsection (2) of section 33
shall apply in relation to the endorsement of certificates
under this section:
Provided that this subsection shall not apply in the case rd. 18-1944
of a female immigrant manual labourer who has, after s- 2-
entering the Colony, married a person deemed, for the
purposes of Part I of this Ordinance, to belong to the
Colony.








Immigration (Restriction).


Duties of 35. (1) It shall be the duty of every immigrant manual
employees in labourer, on or before the commencement of any employ-
contracts of ment in the Colony, to produce to his employer his contract
.employment. of employment duly certified as approved by the Commis-
s. 94' sioner of Labour under sections 33 or 34, and to permit
inspection of the certified contract by his employer.
(2) Any immigrant manual labourer who shall fail
to comply with the provisions of subsection (1) shall be
liable on summary conviction to a fine of twenty-four
dollars.

Duties of 36. (1) No person shall take into his employment in the
relation to Colony any person whom he knows or has reason to suspect
contracts of to be an immigrant manual labourer unless, previously
employment, thereto-
Ord. 4-1942,
s 6. (a) he has satisfied himself that the contract of
employment bears a certificate purporting to be
signed by the Commissioner of Labour under sections 33
or 34 and believes in good faith that the certificate is
so signed; or
(b) he has reported to the Commissioner of Labour
in writing the particulars of such employment including
the name, description and address of the proposed
employee.
(2) Any employer who, during the course of any
employment of any of his employees, shall learn, or have
reason to suspect, that the employee is an immigrant
manual labourer shall, unless he has previously satisfied
himself of the matters mentioned in paragraph (a) of
subsection (1), forthwith either satisfy himself of such
matters or report to the Commissioner of Labour as in
paragraph (b) of subsection (1).
(3) Every employer shall, within 48 hours after the
commencement of the employment in the Colony by him
of any person who is to his knowledge an immigrant manual
labourer, report to the Commissioner of .Labour in writing
the date of commencement of the employment.
(4) Every employer shall, within 48 hours after the
determination of the employment in the Colony by him of
any person who is to his knowledge an immigrant manual


Ch. 20. No. 2.]








Immigration (Restriction). [Ch. 20. No. 2.


labourer, notify the Commissioner of Labour in writing of
the date of such determination.
(5) Every employer shall keep a written record of the
name and address of every person employed by him who,
to his knowledge, is an immigrant manual labourer, and of
the date of commencement and termination of the employ-
ment, and shall permit entry on his premises within the
hours of daylight of the Commissioner of Labour or of any
officer thereunto generally or specially authorised in
writing by the Commissioner of Labour, or of an immigra-
tion officer or constable, who may desire to inspect such
record or to inspect any pay-sheet or other document
relating to the employment; and shall produce on demand
by any of the officers before-mentioned the said record and
any such pay-sheets or other records; and shall facilitate
to the best of his ability the inspection by any such officer
of any manual labourers in his employment.
(6) Any person who shall contravene or fail to
comply with the provisions of this section shall be liable on
summary conviction to a fine of one hundred and twenty
dollars and any person who shall supply to the Commissioner
of Labour any information required by this section which
is false to his knowledge shall be liable on summary con-
viction to a fine of two hundred and forty dollars, or to
imprisonment for six months, or to both such fine and
imprisonment.

37. (1) Without prejudice to any power conferred by certificates
sections 10 or 19 to allow entry of persons into the Colony identity,
under permit, every immigrant manual labourer who Ord. 4-1942.
enters the Colony after the 14th of May, 1942, shall have s. 7.
in his possession his certificate of identity in duplicate
together with his finger-print record and shall surrender
to the immigration officer, on arrival in the Colony, one of
the certificates of identity and the finger-print record and
shall retain in his possession the other certificate of identity.
(2) Any immigrant manual labourer who fails to
comply with the provisions of subsection (1) shall be
deemed to be a prohibited immigrant.
(3) A certificate of identity shall not be deemed to
be valid unless the immigrant to whom it relates enters








Immigration (Restriction).


the Colony on or before the last date of entry specified in
the certificate.
(4) If an immigrant manual labourer to whom this
section applies shall be desirous of leaving the Colony for
some temporary purpose for a period not exceeding one
month, it shall be lawful for the Chief Immigration Officer,
or an officer acting by his direction, to endorse on the
certificate of identity of the immigrant permission to
return to the Colony on or before the date specified in the
endorsement, and if such immigrant shall return to the
Colony on or before such date, it shall be unnecessary for
him, on such return, to comply with the provisions of
this section.

Lending of 38. (1) No person shall lend, transfer, or assign his
identity. etc. certificate of identity or finger-print record to any other
Ord. 4 -1942, person or shall borrow or make use of a certificate of
s s. identity or finger-print record issued to any other person.
(2) Any person who shall contravene the provisions
of this section shall be liable on summary conviction to a
fine of one hundred and twenty dollars, or to imprisonment
for three months, or to both such fine and imprisonment.

Duty to 39. (1) Any immigration officer or constable who shall
saner qnes- have reason to suspect that any person is a prohibited
produce immigrant by reason of this Ordinance may-
certificates
of identity. (a) question such person as to his identity and as to
Ord. 4-1942, any matters relevant to the question of whether he is
or is not a prohibited immigrant;
(b) require such person, if he is an immigrant
manual labourer, to produce for inspection his certificate
of identity, passport or other identity papers;
(c) require such person to accompany him to an
immigration officer or police station and there to
submit to the taking of finger-prints: Provided that
any such finger-prints shall be destroyed if it is
established that such person is not a prohibited immi-
grant by virtue of this Ordinance.
(2) Any person who shall fail to answer any question
put to him under paragraph (a) of subsection (1) or who


Ch. 20. No. 2.]







Immigration (Restriction). ICh. 20. No. 2.


being an immigrant manual labourer, shall fail to produce
his certificate of identity, passport or other identity
papers, when so required under paragraph (b) of subsec-
tion (1), or who shall fail to comply with any requirement
under paragraph (c) of subsection (1), shall be liable on
summary conviction to a fine of ninety-six dollars.
(3) Any person who, in reply to any question put to
him under paragraph (a) of subsection (1) shall make any
answer which is false to his knowledge shall be liable on
summary conviction to a fine of one hundred and twenty
dollars or to imprisonment for three months, or to both
such fine and imprisonment.

40. (1) Every immigrant manual labourer shall, before Immigrant
embarking in any ship or aircraft for the purpose of leaving laborers
the Colony, report personally to the office of the Chief leaving the
Immigration Officer his intention to leave the Colony and Colony.
shall, if so required by an immigration officer, submit to s. i0.
the taking of his finger-prints.
(2) Any immigrant manual labourer who shall fail
to comply with the provisions of this section shall be liable
on summary conviction to a fine of twenty-four dollars.

41. (1) It shall be lawful for the Governor in Council by Prohibitions
and restric-
proclamation published in the Royal Gazette to prohibit tions of
the entry into the Colony of immigrant manual labourers immigration
of immigrant
for a period to be specified in the proclamation or until the manual
publication of a further proclamation, labourers.
Ord 4-1942,
(2) Any manual labourer who enters the Colony in 11.
contravention of a prohibition under subsection (1) shall
be deemed to be a prohibited immigrant.
(3) A proclamation under this section may be made
to apply to immigrants from territories generally or to
immigrants from any specified territory or territories and
shall have effect subject to such exemptions as may be
provided for therein.
(4) A proclamation under this section shall be
published in the Royal Gazette not less than 14 days before
the date from which it is to operate.
T.-III. 4








50 Ch. 20. No. 2.] Immigration (Restriction).

(5) Nothing in this section shall prejudice the powers
conferred by Part I of this Ordinance to permit entry of
persons into the Colony under permit.

Removal 42. (1) Notwithstanding the proviso to subsection (1) of
Orders. section 23, a removal order under section 23 may be made
Ord. 4-1942,
s. 1. against a British subject who is a prohibited immigrant by
reason of this Ordinance at any time within four years
after his arrival in the Colony.
(2) It shall be no defence to an application for an
order under this section that the immigrant has, since his
arrival in the Colony, become domiciled in the Colony.

Rpatria- 43. (1) Where in the terms of any original or subsequent
ora 4 1442' contract of employment an immigrant manual labourer is
s. 13. entitled, or both the labourer and his family are entitled,
to be repatriated at the expense of the employer and the
employer has failed to fulfil his obligation in accordance
with such terms, it shall be lawful for the Chief Immigration
Officer by notice in writing to call upon the employer to
fulfil his obligation within the time specified in the notice,
and if the employer shall fail so to do, the Chief Immigration
Officer may effect the repatriation.
(2) The cost incurred by the Chief Immigration
Officer in effecting any repatriation in pursuance of this
section shall be a debt due by the employer to the Govern-
ment and, without prejudice to any other method of
recovery, may be recovered summarily in a suit by the
Chief Immigration Officer.
(3) A certificate under the hand of the Chief
Immigration Officer as to the expenses incurred by him in
effecting any such repatriation shall be conclusive evidence
of the amount of such expenses.

Recovery o0 44. (1) Where a removal order has been made against
expenses of
removal of an immigrant manual labourer, then-
an immi-
grant (a) his last employer, if he has been convicted of an
manual offence against subsections (1) or (2) of section 36 in
is familand relation to the labourer; and
Ord. 4-1942, (b) every previous employer of the labourer who, at
s. 14. the date of the removal order, is liable in the terms of







Inm migration (Restriction). I Ch. 20. No. 2.


any original or subsequent contract of employment to
repatriate, or discharge the expenses of repatriation,
of the labourer or of both the labourer and his family,
shall be jointly and severally liable to pay to Government
the reasonable expenses of the removal of the labourer, and
of his family if removed with him, and, without prejudice
to any other method of recovery, such expenses may be
recovered summarily in a suit by the Chief Immigration
Officer.
(2) A certificate under the hand of the Chief
Immigration Officer, as to the amount of any such expenses
incurred, shall be conclusive evidence of the facts certified.

45. (1) In this section- Persons
"the Agreement means the Agreement signed on o American
the 27th of March, 1941, between the Government of Bases.
the United Kingdom and the United States of America, Ord. 4-1942,
relating to the Bases leased to the United States of
America in certain territories including the Colony of
Trinidad and Tobago;
Bases means the Bases established in the Colony
in pursuance of the communications set out in Annex I
to the Agreement;
employee on the Bases means an immigrant
manual labourer (not being a national of a Power at
war with His Majesty the King) for the time being
employed by, or under a contract with, the Government
of the United States of America in connection with the
construction, maintenance, operation or defence of
the Bases.
(2) Sections 33, 35 (unless his contract is an original
contract of employment), 37 and 41 shall not apply to an
employee on the Bases.
(3) If an employee on the Bases shall, after entry
into the Colony, cease to be such an employee, section 34
shall apply to him as though the date of his ceasing to be
such an employee was the date of expiry or determination-
of an original contract of employment.
(4) Sections 36, 43 and 44 shall not apply to any
employer of an employee on the Bases.
4 (2)








Immigration (Restriction).


Persons who 46. Notwithstanding the provisions of subsection (4) of
entered the section 13, a person who entered the Colony before the
Colony on
permit 14th of May, 1942, by virtue of a permit under that section
before the and who, prior to such entry, ordinarily earned his livelihood
1415/1942. by manual labour, shall not be deemed to be a prohibited
immigrant if, within one month after the expiry of his
permit, he complies with paragraphs (a) or (b) of subsection (1)
of section 34: Provided that if he does so comply, all the
provisions of this Ordinance, other than sections 33, 37 and
41, shall thereafter apply as though such person was an
immigrant manual labourer.

PART III.
Saving as 47. Nothing in this Ordinance contained shall be deemed
Iimigra- to affect the operation of the Immigration (Indian) Ordi-
tion (Indian) nance in so far as such Ordinance relates to an immigrant
Ordinance. as defined in sections 2 and 12 thereof.



section 31.) FIRST SCHEDULE.
The Immigration (Restriction) Regulations.
>hort title. 1. These regulations may be cited as the Immigration (Restriction)
Regulations, and shall be read as part of and subject to the Immigration
(Restriction) Ordinance, hereinafter referred to as the Ordinance.
Return of 2. The master of every ship, whether a British or a foreign ship
passengers. carrying any passenger to a port in the Colony from any place out of
the Colony, shall furnish to the Harbour Master, or to an immigration
officer, at the time of his visiting the ship on arrival, a correct return in
Form A." the form "A" annexed hereto.
Examination 3. The examination of persons in accordance with section 8 of the
of immi- Ordinance shall be conducted by an immigration officer on the vessel
grants and by which such persons arrived, or at any other place convenient for the
declaration
to be made. purpose as the immigration officer may direct. Every such person
G.N. 217- before being permitted to enter or remain in the Colony shall, if so
1945, required to do by the immigration officer, complete a declaration in ink
regs. 3 (a) in the form "A" annexed hereto, and the immigration officer may require
and 4. every such person to declare thereto before himself, and shall satisfy
Form A. himself, where he has any doubt, that the signatory thereto is sufficiently
educated to understand such declaration; or, if such person be unable
to fill in such form the officer shall question him, through an interpreter
if necessary, and shall himself fill in or cause to be filled in the form of
declaration, and shall thereupon require such person to sign such
declaration.


Ch. 20. No. 2.]









Immigration (Restriction). [Ch. 20. No. 2. 53

4. The immigration officer may require, for the purpose of an Evidence of
application of a wife or child of an immigrant to enter the Colony, a identity,
properly authenticated copy of the certificate of the marriage or of the eiet oa
birth, as the case may be; or, if no copy of such marriage certificate of child.
birth certificate can be produced, the immigration officer may require
evidence to satisfy him that that person is such a wife or child as alleged
and of the identity of the person and that such wife or child is exempted
from being considered a prohibited immigrant.

5. (1) Whenever security has to be furnished by an immigrant, such Evidence of
security shall be in the form of a deposit made with the Accountant means and
General, or by execution of a bond with one or more sureties, in the be furnished.
discretion of the immigration officer, and the amount thereof shall be G.N. 279-
a sum sufficient to cover the cost of the immigrant's repatriation. 1950.
(2) A person on a temporary visit to the Colony, shall, if required
by an immigration officer, produce evidence to his satisfaction-
(a) of being in employment elsewhere and intend to return
thereto; or
(b) of possession of a return steamer ticket; or
(c) of the possession of a sum of money sufficient to enable him
to maintain himself during the period of his visit and to provide for
his return fare or of its immediate availability.
(3) The immigration officer may accept as sufficient evidence that
the immigrant is not likely to become a public charge if (not being a
person suffering from infirmity of mind or body or ill-health) he is
satisfied that bona fide employment is awaiting the immigrant in the
Colony; the evidence to support such contention must show the nature
and period of the employment and the proposed wage, and be supported
as to the ability of the prospective employer to carry out his undertaking
and include an undertaking by the employer to repatriate the immigrant
if the engagement is terminated within two years from the time he landed
in the Colony.
(4) The security bond required for the purposes hereof may be Form B."
given in the form B annexed hereto with such modifications as the G.N. 217-
circumstances require. 1945,
reg. 3 (b).
6. (1) The Medical Officer appointed by the Governor for the purpose Medical
shall, when necessary and required, be present at the examination of examination.
persons entering or seeking to enter the Colony, and shall indicate to
the immigration officer any person who ought, in the opinion of such
Medical Officer to be medically examined. The immigration officer
may require such Medical Officer to make a medical examination of any
such person, and of any other person entering or found within the Colony
who is required to submit to such medical examination.
(2) The medical examination of any person entering or seeking to
enter or found in the Colony shall take place at such place as may be
convenient, and as soon as possible after the arrival of such person, or
after the person is found, and a report as to the result of such examination
shall be rendered to the immigration officer, and shall accompany that









Ch. 20. No. 2.] Immigration (Restriction).


officer's record of proceedings furnished to the Chief Immigration Officer
if any such person be found to be a prohibited immigrant.
Certificate of 7. (1) A certificate of identity issued in terms of section 7 of the
identity. Ordinance to persons who belong to the Colony may be in the form C "
Form C." annexed hereto, and subject to the conditions therein set out, or to any
G.N. 217 modifications required in the particular circumstances; and every such
1945, certificate shall contain such particulars as may be deemed necessary for
reg. 3 (c). the purposes of identification.

(2) No certificate of identity shall be issued. unless there be lodged
with the immigration officer satisfactory documentary evidence as to
the identity of the applicant and of his claim that he belongs to the
Colony, and of the particulars required.
Application. (3) The applicant for a certificate of identity may be required by
G.N. 217- the immigration officer to submit his application in the form "D "
1945, annexed hereto and the applicant shall pay to the Accountant General
reg. 3 (c). the sum of fifty cents in respect of such application and certificate.
Form D.-
Form EF." 8. (1) A permit to travel among the British West Indian Colonies and
Permit to to British Guiana issued in terms of section 7 of the Ordinance to persons
travel, who belong to the Colony may be in the form E annexed hereto,
G.N. 217 and subject to the conditions therein set out, or to any modifications
1)45' required in the particular circumstances; and every such permit shall
contain such particulars as may be deemed necessary for the purposes
of identification.
(2) No such permit to travel shall be issued unless there be lodged
with the immigration officer satisfactory documentary evidence as to the
identity of the applicant and of his claim that he belongs to the Colony,
Applicant and of the particulars required.
Applicat ion
for permit (3) An application for a permit to travel shall be submitted to the
Form F." immigration officer in the form F annexed hereto and the applicant
G.N. 217 shall pay to the Accountant General the sum of fifty cents in respect of
1945, such application and permit.
reg. 3 (d).
Permits in 9. The temporary permit which may be issued to a sick person under
respect of section 11 of the Ordinance shall be in the form G annexed hereto
sick persons. and under the conditions set out in regulation 11. Every such permit
Form G. shall, further, be issued subject to such of the special conditions set
G.N. 217- out in the said form G as may be prescribed in any case, and such
1945.
reg. 3 (c). conditions shall be accepted in writing by the holder of the permit before
the permit is issued to him.
Temporary
permits." 10. Every permit issued to an immigrant shall contain such particulars
G.N. 217- and marks together with any finger prints as may be deemed necessary
1945, for purposes of identification.
reg. 6.
Conditions 11. (1) Unless in any individual case the giving of security is considered
of temporary unnecessary by the Governor or the Chief Immigration Officer the
permits. immigrant who applies for a temporary permit shall be required to
deposit the amount appropriate to his case or give a security bond for
such amount as provided by regulation 5 (1) hereof as a security for the
observance by him of the conditions imposed under the permit. The









Immigration (Restriction).


[Ch. 20. No. 2. 55


deposit shall only be refunded upon the fulfilment of such conditions
and upon such person leaving the Colony within the period for which
the permit was issued, or upon the cancellation of the conditions by the
Governor.
(2) It shall be deemed to be a condition of every temporary permit
that the holder shall report to the officers and at the periods and places
specified in such permit, and, if the holder gives any false or misleading
address, he shall be liable to forfeiture of his permit and of the deposit
made or bond given by him or on his behalf, and to be dealt with as a
prohibited immigrant.

12. The immigration officer, after commencing his examination of any Provisional
person who has not satisfied him that he is not a prohibited immigrant, restriction.
may provisionally restrict the admission to the Colony of such person,
or cause his detention in custody, and may cause such enquiries to be
made, or await such further information as may be necessary, before
finally informing any person in accordance with section 18 of the
Ordinance that he is a prohibited immigrant, and that he may appeal
to the Magistrate's court.

13. In the event of an immigration officer becoming aware of any Arrest of
circumstances constituting reasonable grounds for suspecting that any suspected
person within the Colony is a prohibited immigrant in the Colony, he immigrants.
shall apply to a Magistrate for a warrant of arrest, in the form H Form H."
annexed hereto, or shall otherwise proceed in terms of section 17 of the G.N. 217-
Ordinance, and shall cause such person to be brought before him, and 1945,
thereupon proceed to examine him in order to ascertain whether such reg. 3 (f).
person is a prohibited immigrant, and such person may, if necessary be
detained pending the completion of such enquiry, and may be further
detained thereafter as hereinafter provided if it is found that he is a
prohibited immigrant.
Records of
14. The immigration officer shall, in the case of every person deemed prohibited
to be a prohibited immigrant, enter on the form I annexed hereto immigrants.
a full record of his examination of such person, and shall forthwith Form I."
transmit the record to the Chief Immigration Officer together with all G.N. 217-
documents relating thereto. 1945,
reg. 3 (g).
15. (1) It shall be the duty of an immigration officer, after having Procedure on
notified a person whom he has declared to be a prohibited immigrant appeal by
and when is he informed by such person that it is his intention to appeal immigrant.
to a court, to supply to such person for completion by him a notice of Form J."
appeal in form J annexed hereto. G.N. 217-
(2) When the notice of appeal has been received by the immigration 1945.
officer in a completed form from the appellant, he shall transmit the reg. 3 (h).
same to the Chief Immigration Officer. He shall then arrange for the
reception of the appellant at the detention depot, or at such other place
as may be approved for his accommodation, pending the determination
of his appeal; or should the appellant so request, and on his giving
security in the manner provided by regulation 5 (1) hereof the immigration
officer shall issue a temporary permit allowing him to remain in the









Ch. 20. No. 2.] Immig.lration (Restriction).

Colony for a period not exceeding sixty days, and release him from
detention pending the hearing of his appeal to the Magistrate, or any
subsequent appeal.
(3) It shall be the duty of the Chief Immigration Officer as soon
as he has received information that an appeal has been entered, to
inform the Magistrate having jurisdiction in the matter, and such
Magistrate shall appoint a time for the hearing of such appeal. The
immigration officer shall also give notice to the appellant of the time and
place at which his appeal will be heard, and shall, subject to paragraph (2)
of this regulation, arrange for him to be present if he so desire.
(4) At the hearing of an appeal to the Magistrate there shall be
placed before the Magistrate a statement by the immigration officer of
the grounds upon which he has deemed the appellant to be a prohibited
immigrant, and the court shall inform the appellant accordingly. The
appeal shall then be heard summarily in the same manner as on a
complaint made and the Magistrate shall at the conclusion thereof endorse
on the notice of appeal which was completed by the appellant in
accordance with paragraph (1) of this regulation his decision in regard
to that appeal.
(5) The Magistrate shall, in his consideration of a case brought
before him. determine on the facts whether the appellant is or is not a
prohibited immigrant coming within the class or classes alleged by the
immigration officer or of any of the other classes described in the
Ordinance, or, if lie is one of such classes, shall determine whether he has
or has not brought proper proof that he is a person exempted under the
Ordinance from being a prohibited immigrant, and if the Magistrate
finds as a fact that the appellant comes within one of the classes of
prohibited immigrants and the appellant has not brought proper proof
or has otherwise failed to satisfy him that lie is a person so exempted,
he shall dismiss the appeal.
(6) If the appeal be dismissed, the appellant shall remain in the
custody of the immigration officer who shall forthwith take such steps
as may be required for his removal from the Colony, or for such temporary
or conditional residence within the Colony as may be permitted under
the Ordinance, unless the appellant shall have notified his intention to
appeal further to the Full Court, in which case the appellant shall remain
at the detention depot or other approved place or continue under the
terms of his temporary permit until the furti -r appeal has been heard;
and if such further appeal has been dismissed, the immigration officer
shall then arrange for the removal of the appellant from the Colony.
If the appeal to the Magistrate's court or to the Full Court be allowed,
the appellant shall be discharged from custody or shall be relieved from
the conditions of any temporary permit issued to him.
(7) The appellant shall prosecute any appeal to the Full Court
within a period of sixty days of his first giving notice of appeal, but
should he be unable so to do the Full Court may extend the period for
any time sufficient to prosecute his appeal on the appellant showing
reasonable cause for such extension.









Immigration (Restriction). [Ch. 20. No. 2. 57

16. Any order which may be issued under the Ordinance for the Order of
removal of a prohibited immigrant from the Colony shall be in form K removal of
annexed hereto. prohibited
immigrant.
Form K."
G.N. 217-
lN)45,
17. (1) Save as is otherwise provided in the Ordinance, any person '-g. 3 (i).
detained in custody thereunder may be detained at any place at which "etention of
persons under arrest awaiting trial are liable to be detained, or in any roimiribanits
part of the quarantine station specially provided for the detention of or suspecte'l
prohibited immigrants: or, at any other place which may be convenient, immigrant
regard being had to the circumstances.
(2) Any gaoler or immigration guard shall accept custody of any
person on the order of the immigration officer, or on the order of a
Magistrate issued at the request of an immigration officer, but no person
shall be so detained in custody for any longer period than is necessary for
the purpose of any prescribed enquiry or for the completion by the
immigration officer of arrangements for the removal of such person from
the Colony at the first reasonable opportunity.
(3) The production of an order of removal shall be sufficient
authority to any gaoler or other officer to deliver the person named
therein to the escort appointed to bring such person to any place for the
purpose of removal in terms of such order.
18. Any person employed by the Government to have custody and p"otis of
control of any person detained as a prohibited immigrant shall carry out charge of
such duties as are assigned to him by an immigration officer. prohibited
immigrant.
10. For the purpose of administering the Ordinance and these regula- Authority to
tions, all officers appointed hereunder are hereby authorised and board
empowered to board any vessel at any time and at all places in the vessels.
Colony.
20. (1) Subject to the provisions of paragraph (2) of this regulation, Visas on
the passport of a national of any foreign country shall not be accepted passports.
unless it bears a British consular visa. G.N. 5 1946
reg. 2.
(2) This regulation shall not apply to- G.N. 301*"-
(a) any passport issued by a foreign country when such passport 1s50.
falls within the provisions of a Visa Abolition Agreement for the
time being in force; or
(b) the passport of any citizen of the United States of America
who intends to remain in the Colony for a period not exceeding
six months from the date of his entry into the Colony; or
(c) any passport issued by a foreign country other than Soviet
Russia, China, Northern Korea, Poland, Roumania, Yugoslavia,
Czechoslovakia, Hungary, Bulgaria and Albania, to a person who
is a passenger intransit in possession of a valid ticket for some
destination outside the Colony and who intends to remain in the
Colony for a period of not more than fourteen days from the date
of his entry into the Colony.










58 Ch. 20. No. 2.] Immigration (Restriction).


Penalties. 21. Any person who fails to comply with the provisions of these
regulations, with which it is his duty to comply, or who otherwise
contravenes these regulations, shall be liable, on summary conviction,
to a fine of forty-eight dollars.

Ports of 22. The following places are hereby prescribed to be ports of entry
I ntry. for the purposes of the Ordinance:-

reg. 629. (A) Harbours defined under the provisions of the Harbours
G.N. 279- Ordinance-
1050. 1. Port-of-Spain.
2. San Fernando.
3. Scarborough.
4. Brighton.
5. Pointe-a-Pierre.
6. Point Fortin.
(B) Aerodromes established under the provisions of the Air
Navigation Act, 1920, as applied to this Colony-
1. Piarco.
2. Cocorite.
3. Crown Point, Tobago.



FORMS.

G.N. 270- FORM A."
Embarkation /Disembarkation Card.
1. Name in full
[In block capitals]
2. Date of birth
IDate] [Month] [ Year]
3. Place of birth
4. Sex Marital Status: (Married/Divorced/Widowed/Single)
[cross out those inapplicable]
5. Nationality
6. If naturalised
'Place] [Date]
7. Occupation
8. No. and Nationality of Passport (or identity document in lieu thereof)
9. Issued at Date
10. Names and ages of accompanying dependents under 15 years
11. Permanent address
12. Name and address of nearest relative or friend in country of domicile
13. Name and address of nearest relative or friend in country of disembarkation
14. Proposed address during stay
15. Airline
16. Flight
[Date]











Immigration (Restriction). ICh. 20. No. 2. 5


17. Point of Embarkation
17. Point Disembarkation
18. Proposed length of stay
19. Purpose of Visit
20. Signature of Passenger

(OFFICIAL USE ONLY.)
Place Date
Permitted to enter for
[Months]
Remarks
Signature of Immigration Officer

Size of entire document not more than 4 x 6 inches (102 x 152 Millimetres) outside.





FORM B." G.N. 217-
1945,
COLONY OF TRINIDAD AND TOBAGO. reg. 8 (2).

THE IMMIGRATION (RESTRICTION) ORDINANCE.

Security Bond.
TRINIDAD AND TOBAGO.
KNOW ALL MEN BY THESE PRESENTS that I, of in the Colony of
Trinidad and Tobago (hereinafter referred to as the Surety) am held and firmly
bound unto the Accountant General for the time being of the said Colony in the
sum of dollars to be paid to the said Accountant General, for which payment
well and truly to be made I hereby bind myself my heirs executors and administrators
by these presents.
Dated this day of 19
Whereas (herein referred to as the immigrant) who lately arrived in
this Colony by the ship is a prohibited immigrant (or as the case may be)
within the meaning of the Immigration (Restriction) Ordinance:
And whereas the said Surety desires to enable the said immigrant to land in
the Colony:
Now the above written obligation is conditioned to be void if the said Surety
do on demand forthwith pay to the Accountant General any charges together with
expenses of repatriation (if any) which within two years from the date of these
presents may be incurred by the Government of the Colony in respect of the said
immigrant.
Signed and delivered by the above-named
in the presence of
Signature of Surety.
Signature of Witness
Address
Occupation










0(0 Ch. 20. No. 2.] Immigration (Restriction).


G.N. 217 FORM C."
1945,
reg. 8 2). COLONY OF TRINIDAD AND TOBAGO.
THE IMMIGRATION (RESTRICTION) ORDINANCE.
Certificate of Identity.
It is certified that holding passport No. issued by
having appeared before for the purpose of supplying the means of
identification which are now specified herein, and having intimated that he/she is
about to absent himself/herself from the Colony of Trinidad and Tobago for a period
of on a visit to this document is issued to the said and,
subject to the conditions specified hereunder or endorsed hereon and to the
verification of the marks of identification, will be accepted by the examining
Immigration Officer without further evidence as proof of the identity of the said
on his/her return within a period of two years.
Date
Immigration Officer.
Place
CONDITIONS UNDER WHICH THE CERTIFICATE IS ISSUED.
1. That, on the return of the person referred to herein to the Colony this certificate
shall be surrendered to the examining Immigration Officer.
2. That if the person referred to herein seeks to re-enter the Colony after a period
of two years has elapsed from the date hereof, the protection afforded by this
certificate shall be deemed to have lapsed, and he/she shall be required to satisfy
the requirements of the Ordinance.
3. This certificate may be held to be invalidated if the person named herein is
shown to the Immigration Officer to have made a false declaration in a material
particular when applying for a certificate.

IDENTIFICATION MARKS.



G.N. 217- FORM 1."
1045
r. (2 COLONY OF TRINIDAD AND TOBAGO.
THE IMM GRATION (RESTRICTION) ORDINANCE.
Application for Certificate of Identity.
Serial No.
Nature of document applied for
Period, if any, for which required
Port of Entry
(If any reply to these questions be in the negative, this should in each case be
clearly stated.)
1. Name of applicant in full
2 Applicant's age
3 Country of origin
4. (a) Date and place of applicant's first entry into the Colony.
(b) Full particulars, with dates, of applicant's subsequent movements and
places of residence
5. Particulars of fixed property or other vested interests of applicant in the
Colony or elsewhere
6. Applicant's occupation and means of subsistence
7. Is applicant able to read and write in any European language ? If so, in what
language











Immigration (Restriction). [Ch. 20. No. 2. 61


8. Has applicant ever been refused permission to enter the Colony, or any part
of the British Commonwealth or expelled therefrom
9. Has applicant ever been convicted of any crime in any country ? If so, for
what offence
10. Is applicant suffering from any mental or physical infirmity ?
11. State whether applicant is or has been married, and place of residence of wife
or family
12. References and particulars of residence and remarks. Special reference should
be given to any permit or certificate previously issued
13. Particulars of Passport issued to Applicant
1, having been duly cautioned, hereby declare that I fully understand
the above questions, and that I have answered them truthfully (and that they
have been interpreted to me in which I hereby declare to understand).
Signature or mark of applicant
Address in full



TRINIDAD AND TOBAGO. FORM E." G.N. 217-
THE IMMIGRATION (RESTRICTION) 1945,
ORDINANCE. reg. 8 (a).
Permit to Travel in the West Indies.
No. No.


Date: [NameJ of [Addressj a native of
Trinidad and Tobago, has permission to leave the
Colony for
Namn
This permit is valid for travelling to any of the
British West Indian Colonies and to British Guiana,
.\ge: and expires on 19


Profession: Date
Immigration Officer.

Height feet DESCRIPTION.
inches
Age (approx.):

Kves:
Profession: PHOTOGRAPH.

Colour of Hair:
Height feet inches.

Any special peculiarities: Eyes:

Colour of Hair:
Issued by
Any special peculiarities:


Signature of Bearer.


PHOTOGRAPH











G.N. 217-1945, reg. 8 (3) (a).)




(a) Insert name of Place and
Date.

(b) Christian Names and Sur-
names of the applicant in full, and
present address.

(c) Wife and/or children should
only be included if they do not
possess separate permits. Strike
out the sentence in other cases.

(d) The words in brackets to
be struck out and initialled in
cases where the applicant has no
previous permit in his possession.,

(e) Signature.
The applicant must also write
a specimen of his signature in the
space below marked.*
The whole of the declaration and
marginal particulars should be in
the applicant's handwriting.

(f) Name and Qualification of
person verifying the Declaration
(see rule 4 at back).


FORM F."

COLONY OF TRINIDAD AND TOBAGO.

THE IMMIGRATION (RESTRICTION) ORDINANCE.

DECLARATION TO BE MADE BY APPLICANT FOR A PERMIT
TO TRAVEL IN THE WEST INDIES.

(a) 19 .

I, the undersigned (b) at present residing at
.hereby declare that I have resided at since
that I am a British subject having been born at
on the day of ,19

I further declare that I have resided at since
and not having lost the status of British subject thus acquired,
and I hereby apply for a permit for the purpose of travelling to
for the purpose of (c) accompanied by my wife
(and children under the age of sixteen) as indicated in the margin,
who do not possess separate permits.

I declare that I have no permit already in my possession (d)
(other than that/those which I annex hereto for cancellation).

I further declare that I have made no other application for a
permit (since the last permit was issued to me).

(e) Signed

And I, the Undersigned (f) of hereby declare
that to the best of my personal knowledge and belief the above
made declaration of is true, and that I can from my
personal knowledge of him/her vouch him/her as a fit and proper
person to receive a permit.

**Signed


DESCRIPTION OF APPLICANT.
Age

Profession.

Height feet inches.

Eyes

Colour of hair

Any special peculiarities.

DESCRIPTION OF WIFE OF APPLI-
CANT IF TO BE INCLUDED ON
THE PERMIT.

Name in full

Age

Profession

Place and date of birth

Maiden Name

Height feet inches.

Eyes

Colour of hair

Any special peculiarities

Signature
[SEE OVER.]








CAUTION.
The attention of persons who
are asked to sign this declaration
is specially called to the fact that
it can only be signed from personal
knowledge of the applicants and
not from information obtained
from other persons.




* Specimen signature of applicant.


FORM F "-continued.

NOTE.-Duplicate small unmounted photograph of the appli-
cant (and wife if to be included) must be sent, one of which must
be certified on the back by the recommender.

In the case of children under the age of sixteen years requiring
a separate permit, the declaration must be made by the child's
parent or guardian on a separate form to be obtained upon
application to the Chief Immigration Officer.


Specimen signature of wife if
to belncluded on the permit.


IMPORTANT.
**APPLICANTS, AND PERSONS
RECOMMENDING THEM ARE
WARNED THAT SHOULD ANY OF
THE STATEMENTS CONTAINED
IN THEIR RESPECTIVE
DECLARATIONS PROVE TO BE
UNTRUE, THE CONSEQUENCES
TO THEM MAY BE SERIOUS.


Names, ages, and sex of
children under the age of sixteen
to be included on the permit.


Name. Date of Birth.


(G.N. 217-1945, reg. 8 (3) (b).) Application for Permit to Travel in the West Indies.
1. Applications for Permits must be made in the form printed on the back hereof, and enclosed in a cover addressed to The Chief
Immigration Officer, Port-of-Spain."
2. Permits are granted:-
(i) To natives of the Colony and natives of the British West Indies who have been domiciled in the Colony for a period of not
less than two years.
(ii) To the wives and widows of such persons.
(iii) Temporary permits, that is, permits for a specified journey, will be issued to British West Indian subjects not qualified
under (i) and (ii).
3. Permits are granted upon the declaration by the applicant in the prescribed form, verified by a Declaration made by the P.O.
in charge of the Police Station in which the applicant resides or, by any Mayor, Magistrate, Justice of the Peace, Minister of Religion,
Barristel, Physician, Surgeon, Solicitor, Notary Public, resident in the Colony, and being himself a British subject. The applicant's
certificate of birth and other evidence may also be required. Applicants serving in his Majesty's Forces may have their declarations
verified by their Commanding Officer.
4. Permits are only available for travelling to the British West Indies and to British Guiana. The possession of a permit does not,
however, exempt the holder from compliance with any Immigration Regulations in force in any Colony.
5. Permits are available for two years from the date of issue, unless otherwise stated. Thereafter application must be made for the
issue of a new Permit.
6. A Permit cannot be issued on behalf of a person already abroad; such person should apply to the nearest immigration officer.
Permits must not be sent out of the Colony by post.


0r



Nk












64 Ch. 20. No. 2.1 Immiigration (Restriction).


G.N. 217 G '\1M ';."
1'45.
re, (41 ,l4 t'OLONY Oe TRINIDAD AND TOBAUO.
and S t4 .). Till 1MM1GRAIlt ON RESTRICTION) ORDINANCE.

Permit to Person suffering from leprosy or a communicable disease to enter
the Colony issued in terms of section 11 of the Ordinance.
Pernumission is hereby granted to who is suffering from leprosy or a
communicable disease i, enter the Colony subject to the conditions prescribed in
regulation ') and to the sp,.zial conditions specified hereunder or endorsed hereon*
Immigration Officer.
I agree to accept this permit under the conditions herein prescribed.
Immiigrant.
CONDITIONS .
til That tilhe place of residence and every change of residence of the holder of
tihs permit and his manner of transport shall be subject to the approval of the
immigration officer.
(Ml) That the holder of this permit shall not at any time use or occupy any bedroom
or other sleeping accommodation used by any other person.
(i) That the holder of this permit shall observe and carry out such regulations
as to the conditions of residence, disinfection. and otherwise generally for preventing
spread of infection, as are laid down in the Public Health Ordinance or any regulations
or by-1aws made thereunder.
t1) That inunediately on arrival at any place the holder of this permit shall
personally report himself to the District Medical Officer of such place and shall
notify his place of residence and any subsequent change of residence.
tc) That the holder of this permit shall present himself at such time and such
place as may he prescribed for medical examination by a Government Medical
Officer.

The immigration oticer should insert any other condition and,or strike out
on this permit such tif anvl of the specified conditions contained herein as may
not be necessary.



t;.N. 217 lOKM H."
1045.
,re,. C'OL.ONY OF TRINIDAD AND TI OBAGO.
ITH IMMIGRATION (RESTRICTION) ORDINANCE.
Warrant of Arrest.
On the complaint of Immigration Officer.
Vs,.

1o ai! Constables and others ,i the laii, proper to the execution of this warrant.
W\HEREAS. from information taken upon oath before me there are reasonable
grounds of suspicion against of that he is a prohibited immigrant
and is within the Colony in contravention of the Immigration (Restriction) Ordinance.
These are,. therefore, in His Majesty's name, to command you forthwith to
apprehend and bring the said or cause him to be apprehended and brought
before the immigration officer at to be examined and to answer to the said
complaint and to be further dealt with according to law.
Given under my hand at this day of 19
Magistrate.










Immigrdtion (Restriction). [Oh. 20. NO. 2.


FoRMs "I."

COLONY OF TRINIDAD AND TOBAGO.

THE IMMIGRATION (RESTRICTION) ORDINANCE.
To the Master f Passenger
To the Stowaway
To C.I.O. I Member of the Crew
Name of person who arrived on board the vessel
hereby refused permission to enter the Colony
Grounds for Refusal:
Names of Dependants:


G.N. 217-
1945,
reg. 8 (5).


on is


Signature of Immigration Officer.


FORM J."

COLONY OF TRINIDAD AND TOBAGO.

THE IMMIGRATION (RESTRICTION) ORDINANCE.
Notice of Appeal.

I, being a person arrested at and detained as a prohibited
immigrant hereby notify my intention to appeal against the declaration of the
immigration officer that I am a prohibited immigrant within the meaning of
the Immigration (Restriction) Ordinance.
Date
Place
Signature.




FORM K."

COLONY OFr TRINIDAD AND TOBAGO.

THE IMMIGRATION (RESTRICTION) ORDINANCE.
Order for the Removal of a Prohibited Immigrant.
To
WHEREAS has rendered himself/herself liable to removal from the Colony
of Trinidad and Tobago by reason that in terms of section of the Immigration
(Restriction) Ordinance the said
You are hereby authorised to cause the said to be removed from the
Colony under proper escort and subject to necessary detention in custody as provided
under the Ordinance.
Dated at this day of 19 ,
To
Magistrate.


T.-III.


G.N. 217-
1945,
reg. 8 (2).
















G.N. 217-
1945,
reg. 8 (2).

















Ch. 20. No. 2.]


Immigration (Restriction).


SECOND SCHEDULE.

Certificate of Identity.
Name of applicant in full
Date of Birth
Place and country of Birth
Sex
Race
Nationality
If naturalised in any country, state when and where
Ordinary occupation
Nature of last employment (industry, trade, etc.)
Last permanent address
Name of next of kin
Passport or permit (if any) number, date and place of issue
Height feet inches. Colour of eyes
Colour of hair Any distinguishing marks
Photo of applicant






This certificate is valid for entry into the Colony of Trinidad and
Tobago on or before
Dated
Issued by


(Section 32.)







Deportation (British Subjects).


CHAPTER 20. No. 3.

DEPORTATION (BRITISH SUBJECTS).


AN ORDINANCE TO REGULATE THE DEPORTATION OF UNDE- Ordinances
SIRABLE BRITISH SUBJECTS AND FOR SIMILAR PURPOSES. Ch.20. No.3-
No. 35-1942.

[2nd June, 1936.] Commence-
Lment.

1. This Ordinance may be cited as the Deportation Short title.
(British Subjects) Ordinance.

2. (1) In this Ordinance, unless the context otherwise Interpreta-
requires- tion.
dependantt in relation to another person means-
(a) the wife of such person provided she is not
living apart from him under a decree of a com-
petent court or a deed of separation,
(b) the child or step-child under the age of
sixteen years, of such person,
(c) an adopted child under the age of sixteen
years, having been adopted by such person in a
manner recognized by law;
domicil means the place in which a person has
his present home or in which he resides or to which he
returns as his place of present permanent abode and
not for a mere special or temporary purpose; and a
person shall not be deemed to have a domicil within
the Colony for the purposes of this Ordinance unless he
has resided therein for at least two years otherwise
than under terms of conditional or temporary residence
permitted by any law in force in the Colony or as a
person under detention in a prison, reformatory,
orphanage, mental hospital or leprosarium; and a
5 (2)


[Ch. 20. No. 3. 67








68 Ch. 20. No. 3.] Deportation (British Subjects).

person shall be deemed for the purposes of this
Ordinance to have lost his domicil within the Colony
if he voluntarily go and reside outside the Colony
(except for a special or temporary purpose) with the
intention of making his home outside the Colony;
and domiciled shall have a corresponding meaning;
Judge means a Judge of the Supreme Court
sitting in Chambers, or a Magistrate who is specially
authorised by the Governor to inquire and report in
respect of any matter under this Ordinance;
deportation order means an order requiring the
person in respect of whom it is made to leave and
remain out of the Colony;
restriction order means an order prohibiting the
person in respect of whom it is made from entering or
from leaving an area within the Colony without the
consent of the officer specified in the order;
security order means an order requiring the
person in respect of whom it is made to give security
in one or more sureties in such amount and for such
time as may be therein specified to keep the peace and
to be of good behaviour, or for indemnifying public
funds for all costs, charges and expenses incurred in
his regard, or for both such purposes, as may be
appropriate in the case;
person charged means a person in respect of
whom it is alleged that there are grounds for making a
deportation order or restriction order or security order
under this Ordinance and includes a person in respect
of whom such an order has been made;
convicted person means a person in respect of
whom any court certifies to the Governor that he has
been convicted, either by that court or by any inferior
court from which his case has been brought by way of
appeal, of any offence punishable with imprisonment
otherwise than only in default of payment of a fine or
of having knowingly and wilfully entered the Colony
contrary to the provisions of subsection (3) of section 26
of the Immigration (Restriction) Ordinance;
destitute person means a person who is, or is
likely to be, a charge upon public funds by reason of








Deportation (British Subjects). [Ch. 20. No. 3. 69

mental or bodily health or insufficiency of means to
support himself and his dependants (if any);
undesirable person means a person who is or has
been conducting himself so as to be dangerous to peace,
good order, good government, or public morals;
prohibited immigrant means a person who is
deemed to be a prohibited immigrant under the
provisions of the Immigration (Restriction) Ordinance,
and has entered the Colony contrary to the provisions
of section 16 of that Ordinance, but has not committed
any offence under that Ordinance;
master means the person having command or Ord. 35-
charge of a ship; 1942.
ship includes any description of aircraft;
port includes air-port ".
(2) For the purposes of this Ordinance a person shall
be deemed to belong to the Colony if he is a British subject
and-
(a) was born in the Colony or of parents who at the
time of his birth were domiciled or ordinarily resident
in the Colony; or
-(b) is domiciled in the Colony; or
(c) has been ordinarily resident in the Colony
continuously for a period of seven years or more and
since the completion of such period of residence has
not been ordinarily resident in any other part of the
British Commonwealth or any territory under His
Majesty's protection continuously for a period of
seven years or more; or
(d) obtained the status of a British subject by reason
of the grant by the Governor of a certificate of
naturalisation under the British Nationality and Status
of Aliens Act, 1914*; or
(e) is a dependant of a person to whom any of the
foregoing paragraphs applies.
(3) For the purposes of this Ordinance a person shall
be deemed to be an immigrant British subject if he is a
See also British Nationality Act, 1948 (11 & 12 Geo. 6, c. 56).








70 Ch. 20. No. 3.] Deportation (British Subjects).

British subject at the date of the service upon him of a
notice under section 7 or, in the case of a convicted person,
the date upon which he is charged with the offence, and has
been resident in the Colony for less than the following periods
immediately before that date, and not otherwise, unless the
approval of the Secretary of State shall have been given
to the making of a deportation order in respect of such
person at any time before it is made:--
(a) in the case of a prohibited immigrant, a period
of six months;
(b) in the case of a convicted person (other than a
person who is a convicted person solely by reason of
his being a prohibited immigrant) or of an undesirable
person, a period of two years; and
(c) in the case of a destitute person, a period of one
year:
Provided that in determining whether any person is an
immigrant British subject, any period during which a
deportation order, a restriction order or a security order
made under this Ordinance has been in force as respects
that person shall not be taken into account.

Power to 3. Subject to the provisions of this Ordinance, the
make
deportation Governor in Council may, if he thinks fit, make a deportation
orders, order in respect of an immigrant British subject who does
not belong to the Colony and who is-
(a) a convicted person in respect of whom the court
certifying to the Governor that he has been convicted
recommends that a deportation order should be made
in his case, either in addition to or in lieu of sentence; or
(b) an undesirable person; or
(c) a destitute person; or
(d) a prohibited immigrant.

Power to 4. Subject to the provisions of this Ordinance, the
make
restriction Governor in Council may, if he thinks fit, make a restriction
orders. order in respect of any British subject who is-
(a) a convicted person in respect of whom the court
certifying to the Governor that he has been convicted
recommends hat a deportation order or a restriction








Deportation (British Subjects). [Ch. 20. No. 3.


order should be made in his case, either in addition to
or in lieu of sentence; or
(b) an undesirable person.

5. (1) Subject to the provisions of this Ordinance, the Power to
Governor in Council may, if he thinks fit, make a security make
order in respect of any British subject who is- orders.
(a) a convicted person in respect of whom the court
certifying to the Governor that he has been convicted
recommends that a deportation order or a restriction
order or a security order in conjunction with either of
those orders should be made in his case, either in
addition to or in lieu of sentence; or
(b) an undesirable person;
or in the case of an immigrant British subject who does not
belong to the Colony-
(c) a destitute person; or
(d) a prohibited immigrant.
(2) Where a security order is made as aforesaid, a
deportation order or a restriction order, as in the case may
be lawful and desirable, shall be made in conjunction there-
with to come into force upon default of compliance with
the security order within a time therein fixed but not
otherwise.
(3) Where a security order has been complied with, the
order shall, for the purposes of this Ordinance be deemed to
remain in force so long as the security given thereunder
subsists, and where a security order is revoked the said
security shall cease to have effect.

6. (1) No deportation order, restriction order or security Procedure
order shall be made under this Ordinance except- for making
orders.
(a) where a court has in accordance with the
provisions of this Ordinance given a certificate recom-
mending that an order should be made in respect of a
convicted person; or
(b) where a Judge has, in accordance with the
provisions of the next following two sections, made a
report on the case, and the Governor in Council is
satisfied that such order may properly be made.








72 Ch. 20. No. 3.] Deportation (British Subjects).

(2) When making an order under this Ordinance the
Governor in Council shall have regard to the findings of
fact and any conclusions of law as stated in the Judge's
report, but he shall not be bound by any recommendations
made by the Judge.

Service of 7. (1) A notice shall be served upon the person charged
notice and
arrest. specifying, with sufficient particulars to give him reasonable
information as to the nature of the facts alleged against him,
the grounds upon which it is alleged that an order may be
made against him under this Ordinance, and requiring him
to show cause, before a Judge at a time to be stated in the
notice, why such order should not be made in respect of him.
(2) In the case where it is proposed that a deportation
order should be made, but such order cannot be made without
the approval of the Secretary of State, the notice shall
contain information to that effect.
(3) In any case where it is intended to take proceedings
against any person under this Ordinance on the ground that
he is an undesirable person, and it is represented on oath or
affidavit to a Judge that that person is an undesirable
person,. the Judge may issue a warrant for his arrest, and if
the notice mentioned in subsection (1) of this section shall
not have already been served upon him it shall be so served
not later than twenty-four hours after his apprehension.

Power of 8. (1) At the time appointed in the notice served under
Judge. the foregoing section or at any adjournment of the hearing
the Judge shall take such evidence upon oath as is tendered
in support of the charges, and the witnesses may be cross-
examined by the person charged or his counsel and the
person charged may on his own behalf call such witnesses
and tender such other evidence as may be relevant upon
the questions at issue.
(2) The Judge, after considering the evidence adduced
before him and making any further investigations which he
may consider to be desirable, shall make a report to the
Governor setting out his findings of fact and his conclusions
on any questions of law involved, and if he thinks fit, making
a recommendation as to the issue in the case of any order
or orders under this Ordinance.








Deportation (British Subjects). [Ch. 20. No. 3. 73

9. Where a Judge or a court recommends the making of Detention in
a deportation order or restriction order or security order on custody
the grounds that the person charged is an undesirable decision.
person or a convicted person, the person charged may, if
the Judge or court as the case may be shall so order, be
detained in such manner as the Judge or court may direct
pending the decision of the Governor for a period not
exceeding twenty-eight days, and, where reference to the
Secretary of State is necessary before a deportation order
is made, such further period as may be necessary for that
purpose, and shall be deemed to be in legal custody whilst
so detained.

10. (1) Every security order and every deportation order Contents of
shall be in the prescribed form. orders.
(2) Every restriction order shall be in the prescribed
form and shall state the area or areas which the person to
whom it relates is prohibited from entering or leaving.
(3) A deportation order or restriction order may be
expressed to be in force for a time limited therein or for an
unlimited time, and, when the person charged is not taken
into custody pending the execution thereof, shall prescribe
a time within which the person charged may of his own
volition comply therewith.
(4) A restriction order may require the person
charged to report himself to the nearest administrative
officer or officer of police at intervals of not less than
thirty days.

11. (1) As soon as practicable after a deportation order Execution of
or restriction order or security order is made, a copy orders.
thereof shall be served upon the person charged together
with a summary of the findings of fact and conclusions of
law as stated in the report made under section 8.
(2) A person with respect to whom a security order
has been made may be detained in such manner as may be
directed by the Governor until such order shall have been
complied with:
Provided that, without prejudice to the provisions of
sabsections (3) and (4) of this section where the security








74 Ch. 20. No. 3.] Deportation (British Subjects).

order is not complied with, no person shall be detained under
this subsection for a period exceeding twenty-eight days.
(3) Subject to the provisions of subsection (5) of this
section a person with respect to whom a deportation order
is in force may be detained in such manner as may be
directed by the Governor, and may be placed on a ship
about to leave the Colony and shall be deemed to be in
legal custody while so detained and until the ship finally
leaves the Colony.
(4) Subject to the provisions of subsection (5) of this
section a person with respect to whom a restriction order is
in force may be detained in such manner as may be directed
by the Governor so far as necessary for the purpose of
removing him from any place which he is prohibited from
entering or to any place which he is prohibited from leaving,
and shall be deemed to be in legal custody while so detained.
(5) No person shall be detained under subsection (3)
or subsection (4) of this section for a period exceeding
twenty-eight days and, if at the expiration of such period
he has not been removed or deported as aforesaid, the
restriction order or deportation order as the case may be
shall cease to have effect.
(6) The master of a ship about to call at any port
outside the Colony shall, if so required by the Governor or
by an immigration officer, receive a person against whom a
deportation order has been made and his dependants (if any)
on board the ship and afford him and them a passage to
that port and proper accommodation and maintenance
during the passage.

Expenses. 12. (1) Where a deportation order is made, the Governor
may, if he thinks fit, apply any money or property of the
person charged in payment of the whole or any part of the
expenses of or incidental to the voyage from the Colony and
the maintenance until departure of that person and his
dependants (if any).
(2) Where a restriction order is made, the Governor
may, if he thinks fit, apply any money or property of the
person charged in payment of the whole or any part of the
expenses of or incidental to the removal of that person to








Deportation (British Subjects). [Ch. 20. No. 3. 75

any place in pursuance of that order and, if necessary, the
maintenance of that person while the order is in force.
(3) Except so far as they are defrayed under the
preceding subsections any such expenses shall be payable
out of public funds.

13. If a person in respect of whom a security order or Persons
restriction order or deportation order is made under this undergoing
Ordinance has been sentenced to any term of imprisonment,
such sentence shall be served before the order is carried
into effect unless the Governor otherwise directs.

14. (1) The Governor in Council by order may- Revocation
and varia-
(a) at any time revoke any deportation order or tion of
restriction order or security order; orders.
(b) vary any restriction order so as to permit the
person therein mentioned to enter or leave any area
which he is prohibited from entering or leaving, and
may attach to the permission conditions as to security
for good behaviour or otherwise, and may also vary,
cancel or add a condition requiring such person to
report himself;
(c) vary a deportation order so as to permit the
person mentioned therein to enter the Colony and may
attach to such permission conditions as to 'security
or otherwise.
(2) Any order made under paragraph (b) or para-
graph (c) of the preceding subsection may be expressed to
have effect for the duration of the order thereby varied or
for any lesser period.
(3) As soon as practicable after an order has been
made under this section a copy thereof shall be served upon
or sent to the person in respect of whom it is made.

15. (1) If a person in respect of whom a restriction order Penalties for
is in force leaves or attempts to leave or enters or attempts ordeh o
to enter any area in contravention of the provisions of the
order, or wilfully neglects or refuses to report himself as
ordered, or having, in pursuance of permission given as
hereinbefore provided, left or entered any place, wilfully
fails to observe any condition attached to such permission,








Ch. 20. No. 3.] Deportation (British Subjects).


he shall be liable, on summary conviction, to imprisonment
for six months or a fine of two hundred and forty dollars
or to both such imprisonment and fine, and to be again
removed under the original order, and the provisions of
sections 11, 12, and 13 shall apply accordingly.
(2) If a person in respect of whom a deportation order
is in force returns or attempts to return to the Colony in
contravention of the provisions of the order, or having
entered the Colony in pursuance of permission given as
hereinbefore provided, wilfully fails to observe any condition
attached to such permission, he shall be liable, on summary
conviction, to imprisonment for six months or a fine of
two hundred and forty dollars or to both such imprisonment
and fine; and to be again deported under the original order,
and the provisions of sections 11, 12 and 13 shall apply
accordingly.
(3) Nothing in this section shall prevent the making
of a restriction order or a deportation order in accordance
with the provisions of this Ordinance in consequence of a
conviction for an offence under this Ordinance.

Penalty for 16. Any person who, without lawful excuse, knowingly
harbouring. harbours or conceals any person who-
(a) is within the Colony or an area thereof in
contravention of the terms of a deportation order or
restriction order, or
(b) having entered the Colony or any area thereof in
pursuance of permission given as hereinbefore provided,
has wilfully failed to observe any condition attached
to such permission,
shall be liable, on summary conviction, to a fine of two
hundred and forty dollars.

Institution 17. No proceedings shall be instituted under this Ordi-
ing. oeed nance except by the Attorney General or with his previous
sanction in writing.

Evidence. 18. In any proceedings under this Ordinance-
(a) the burden of proof that the person charged
belongs to the Colony shall be upon that person;
















Deportation (British SUbjects). [(Ch. 20. No. 3. 77

(b) a document purporting to be an order made
under this Ordinance shall be presumed, until the
contrary is proved, to be such an order; and
(c) any order made under this Ordinance shall be
presumed, until the contrary is proved, to have been
validly made and to have been made on the date upon
which it purports to have been made.

19. The Governor shall forthwith report to the Secretary Report to
of State every order made by him under this Ordinance and Staryt of
the grounds thereof and the proceedings thereunder.

20. (1) The Governor in Council may make regulations Regulations.
for the better carrying out of the provisions of this Ordinance.
(2) Regulations made under this Ordinance shall have
no force or effect until, they have been approved by the
Legislative Council.

21. Nothing in this Ordinance contained shall be taken Immigration
to restrict in any manner the operation of the Immigration (Restriction)
Ordinance
(Restriction) Ordinance, or the powers conferred on the not to be
Governor, a Magistrate, or an immigration officer by that restricted.
Ordinance.








78 Ch. 20. No. 4.]


CHAPTER 20. No. 4.

EMIGRATION (CHILDREN).

Ordinance AN ORDINANCE TO REGULATE THE EMIGRATION OF
h.0. No.4- CHILDREN FROM THE COLONY.

Commence- [15th April, 1918.]


Short title. 1. This Ordinance may be cited as the Emigration
(Children) Ordinance.
Interprcta- 2. In this Ordinance-
lion.
child means a person under the age of sixteen
years, but does not include a child who is not a British
subject;
legal guardian means a person appointed, accord-
ing to law, to be the guardian of a child by deed or will,
or by order of a court of competent jurisdiction.

Application 3. The Governor in Council may, by proclamation, direct
anc rdin- that this Ordinance shall apply to any country out of the
British Commonwealth, and may revoke or alter any
such proclamation.

Restriction 4. No child shall be allowed to leave the Colony for the
of children purpose of proceeding to any country to which this Ordinance
from applies unless such child is accompanied by a parent or by
colony. his legal guardian, or unless his parent, legal guardian, or
the person who has for the time being the charge of or
control over the child has obtained the written permission
of the Governor.

Grant of 5. Permission to leave the Colony shall not be granted
permission, unless the Governor is satisfied that such permission will


Emigration (Children).








Emigration (Children). [Ch. 20. No. 4. 79

be for the benefit of the child, and that the child will be
under proper care and custody in the country to which it
is proceeding.

6. Where a Gazetted Police Officer or a Harbour Power of
Master has reason to suspect that a parent or legal Polic 'Offcer
guardian of a child is about to leave the Colony with such and Harbour
child for the purpose of taking the child to a country to which Master.
this Ordinance applies, and that it is not for the benefit of
the child to be so taken, he shall give notice to such parent
or guardian, either verbally or in writing, that the child is
not to be taken out of the Colony without the written
permission of the Governor, and thereupon, if such parent
or guardian takes the child out of the Colony without such
permission, he shall be guilty of an offence.

7. (1) If a parent or legal guardian, or other person who Offences.
has for the time being the charge of or control over a child,
permits such child to leave the Colony in contravention of
this Ordinance, he shall be guilty of an offence.
(2) If any person causes or attempts to cause a child
to leave the Colony in contravention of this Ordinance, he
shall be guilty of an offence.
(3) If any person aids, abets, counsels, or porcures the
commission of an offence against this Ordinance, he shall
be guilty of an offence.

8. Any person guilty of an offence under this Ordinance Penalties.
shall be liable, on summary conviction, to a fine of two
hundred and forty dollars or to imprisonment for six months,
or to both such fine and imprisonment.

9. The Governor in Council may make regulations for Power to
more effectually carrying out the provisions of this Ordinance. make regula-
tions.

10. Nothing in this Ordinance contained shall affect the Foreign
-operation of the Foreign Labour Contracts Ordinance, and Lbocturs
the provisions of this Ordinance shall be in addition to, and Ordinance.
not in any way in substitution for, or modification of, the
provisions of such last mentioned Ordinance.















TRINIDAD AND TOBAGO.

Revised Ordinances, 1950.




CHAPTER 21.

NATIONALITY AND ALIENS.
NO. 1.-BRITISH NATIONALITY (OFFENCES AND FEES).
No. 2.-OIL RIGHTS (ALIEN CONTROL).
No. 3.-ALIENS (LANDHOLDING).
No. 4.-ALIEN BANKERS.
No. 5.-ALIEN MISSIONARIES AND TEACHERS.
No. 6.-ALIEN CRIMINALS.
No. 7.-EXPULSION OF UNDESIRABLE ALIENS.


T. -III.








Ch.21 No.1] IBritish, Natiotialitiv (0 ~nces (and Fcs).


CHAPTER 21. No. 1.

BRITISH NATIONALITY (OFFENCES AND FEES).


AN ORDINANCE TO MAKE PROVISION FOR THE IMPOSITION
OF PENALTIES AND FEES UNDER THE BRITISH NATIONA-
LITY ACT, 1948.


commence- [22nd February, 1951.]
ment.

short title. 1. This Ordinance may be cited as the British Nationality
(Offences and Fees) Ordinance.

Inierpreta- 2. In this Ordinance--
tion.
u& 2. the Act means the British Nationality Act. 1948.
Geo. r,
Ch. 5',.
oflencts. 3. (1) Any person who for the purpose of procuring any-
thing to be done or not to be done under the Act makes any
statement which he knows to be false in a material particular,
or recklessly makes any statement which is false in a material
particular, shall be liable on summary conviction to
imprisonment for a term not exceeding three months.
(2) Any person who fails to comply with any require-
ment imposed on him by regulations made under the Act
with respect to the delivering up of certificates of naturalisa-
tion shall be liable on summary conviction to a fine not
exceeding four hundred and eighty dollars.

Po,,r to 4. The Governor in Council may make regulations
maki e gnia- providing for the imposition and recovery of fees in respect
of any application made to the Governor under the Act or
in respect of any registration, or the making of any declara-
tion, or the grant of any certificate, or the taking of any


Ch. 21. No. 1.1







British Nationality (Offences and Fees). [Ch. 21. No. 1. 83

oath of allegiance, authorised to be made, granted or taken
by or under the Act, and in respect of supplying a certified
or other copy of any notice, certificate, order, declaration
or entry, given, granted or made as aforesaid; and for the
.application of any such fees.


6 (2)








84 Ch. 21. No. 2.] Oil Rights (Alien Control).






CHAPTER 21. No. 2.

OIL RIGHTS (ALIEN CONTROL).


Ordinance AN ORDINANCE TO REGULATE THE HOLDING OF OIL RIGHTS
No. 15- BY ALIENS.


commence- [27th A ugust, 1942.]
ment.

Short title. 1. This Ordinance may be cited as the Oil Rights (Alien
Control) Ordinance.

Interpret.,- 2. For the purposes of this Ordinance-
tion.
alien includes a company incorporated outside
His Majesty's dominions;
authorised company means a company incor-
porated in the Colony or in some other part of His
Majesty's dominions, of which company at least one
director and the chief local representative shall be
British subjects:
British subject shall be deemed to include a
person under His Majesty's protection;
His Majesty's dominions shall be deemed to-
include Protectorates, Protected States and Mandated
Territories;
natural gas means gas obtained from bore holes
and wells, and consisting of hydrocarbons;
oil rights means any right, title or interest
conferring upon the holder thereof for the time being
the right of searching or boring for, or winning, oil
whether any such right, title or interest be acquired or
held in conjunction with or separate from any other
right, title or interest in any land;








Oil Rights (Alien Control). [Ch. 21. No. 2.


operate includes any of the operations necessary
for, or connected with, the searching or boring for,
or winning, oil;
oil" includes 'any mineral oil or relative hydro-
carbon and natural gas existing in its natural condition
in strata, but does not include coal or bituminous shale
or other stratified deposits from which oil can be
extracted by destructive distillation.

3. (1) It shall be lawful for the Governor in Council Application
from time to time by notification published in the Royal Odinance.
Gazette-
(a) to exempt from the application of this Ordinance
oil rights in such area or areas as may be described in
the notification;
(b) to cancel any such exemption as to the whole
or any part of any such area.
(2) Whenever the exemption of any area or part
thereof shall be cancelled in the manner provided in
subsection (1) of this section, the provisions of this Ordinance
shall apply in relation to oil rights in the area or part thereof
to which the cancellation relates as though the Ordinance
had come into force at the date of such cancellation, and in
this Ordinance the expression the commencement of this
Ordinance shall, in relation to any such oil rights, mean
the date upon which the exemption was cancelled.
(3) Nothing in this Ordinance shall apply to the
holding of oil rights under a lease or licence granted under
the Land (Oil Mining) Regulations, or any regulations
amending or replacing the same.

4. (1) It shall be lawful for any alien holding a licence Licences for
to that effect granted by the Governor to hold oil rights in acquisigon
the Colony. by an alien.
(2) The Governor may grant a licence to hold oil
rights to any alien who is not and is not controlled by a
national of, or a company incorporated in, a country the
laws and customs of which do not permit British subjects
or companies incorporated in His Majesty's dominions or
companies incorporated in that country controlled directly








Oil Rights (Alien Control).


or indirectly by British subjects or by companies incor-
porated in His Majesty's dominions to acquire, hold and
operate oil rights on conditions which in the opinion of the
Governor are reasonably comparable with the conditions
upon which such rights are granted to aliens under this
Ordinance.
(3) Subject to the provisions of the preceding sub-
section the granting or refusal of a licence shall be in the
absolute discretion of the Governor.
(4) For the purpose of ensuring that oil rights to which
a licence under this section relates are operated with due
regard to the interests of the Colony the Governor, in his
absolute discretion, mav-
(a) attach conditions to the licence;
(b) after giving such notice as he may deem reason-
able to the licensee, add new conditions or cancel or
vary any conditions.
(5) Every condition and every cancellation or variation
of a condition shall be endorsed on the licence or otherwise
communicated in writing to the licensee.
(6) Without prejudice to the generality of the powers
conferred by subsection (4) of this section, conditions may
make provision for securing-
(a) that the oil rights are operated within such time
as may be specified;
(b) that, from and after such date as may be specified,
the oil rights shall be transferred to an authorised
company which is engaged in, or has been incorporated
for the purpose of, operating oil rights in the Colony.
(7) The following conditions shall be implied as
attaching to any licence granted under this section, namely-
(a) that the oil rights to which it relates shall, if
operated, be operated reasonably;
(b) that the majority of the persons engaged in the
operation of such oil rights shall at all times be British
subjects.
(8) If any oil rights are held by an alien without a
licence under this section, or if any condition or implied
condition attached to any such licence is not complied


Ch. 21. No. 2.]








Oil Rights (Alien Control). [Ch. 21. No. 2. 87

with or ceases to be complied with or is infringed, such oil
rights shall be liable to be dealt with in the manner provided
in section 8:
Provided that-
(a) save as provided in subsection (1) of section 5
of this Ordinance, this section shall not apply to oil
rights acquired by the alien before the commencement
of this Ordinance;
(b) oil rights acquired by an alien under a will or on
an intestacy without a licence under this section shall
not be liable to be dealt with in the manner provided
in section 8 if, within six months from the acquisition
of such oil rights, or within such extended time as the'
Governor may decide to be reasonable, the oil rights
are sold to a person who is not an alien or a licence to
hold such oil rights is granted under this section.

5. (1) The Governor shall, on application therefore being Oil rights
duly made by any alien, grant to such alien a licence to lies at
hold oil rights acquired by him before the commencement of the com-
this Ordinance and the provisions of subsection (4), (5), (6) of "this
and (7) of the preceding section shall apply in relation to Ordinance.
any such licence.
(2) Any oil rights acquired by an alien before the
commencement of this Ordinance and held by such alien
at the expiration of six months from the commencement
of this Ordinance or of such extended time as the Governor
may decide to be reasonable shall be liable to be dealt with
in the manner provided in section 8 unless such alien has
previously made due application for a licence under this
section.
(3) If any condition or implied condition attached to
any licence granted under this section is not complied
with or ceases to be complied with or is infringed the oil
rights to which the licence relates shall be liable to be dealt
with in the manner provided in section 8.

6. (1) Subject to the provisions of subsection (2) of this Surface
section, the Governor may, in his absolute discretion, grant ightary
to any alien who, but for the provisions of this section, the opera-
would require to be licensed for the purpose under the tio o oil








88 Ch. 21. No. 2.] Oil Rights (Alien Control).

Aliens (Landholding) Ordinance a licence under this section
to hold specified surface rights in land which, in the opinion
of the Governor, are necessary or desirable for the purpose
of operating oil rights thereunder held by such alien.
(2) A licence under this section shall not be granted
to any alien who does not satisfy the condition of sub-
section (2) of section 4.
(3) The Governor, in his absolute discretion, may-
(a) attach conditions to the granting of a licence
under this section;
(b) after giving such notice as he may deem reason-
able to the licensee, add new conditions or cancel or
vary any condition.
(4) Every condition and every cancellation or variation
of a condition shall be endorsed on the licence or otherwise
communicated in writing to the licensee.
(5) Without prejudice to the generality of the powers
conferred by subsection (3) of this section, a condition may
make provision for securing that from and after such date
as may be specified the surface rights shall be transferred
to an authorised company which is engaged in, or has been
incorporated for the purpose of, operating oil rights in
the Colony.
(6) A licence under the Aliens (Landholding) Ordinance
shall not be necessary in respect of the holding of surface
rights by an alien under a licence granted under this section
or by an authorised company to whom they have been
transferred by any such alien in pursuance of a condition
attached to any such licence.
(7) If any condition attached to a licence to hold
surface rights granted under this section is not complied
with or ceases to be complied with or is infringed, or if the
oil rights thereunder become liable to be dealt with in the
manner provided in section 8, such surface rights shall be
liable to be dealt with in the manner provided in section 8.

General pro- 7. (1) If the holder of any oil rights, not being an alien
vSmos a to or being an alien who satisfies the condition of subsection (2)
control of oil
rights. of section 4, shall be, or shall become, controlled directly
or indirectly by an alien who does not satisfy the condition








Oil Rights (Alien Control). [Ch. 21. No. 2.


of subsection (2) of section 4, such oil rights shall be liable
to be dealt with in the manner provided in section 8.
(2) Any oil rights, the holder of which is not an alien,
shall be liable to be dealt with in the manner provided in
section 8 if, while they are being operated-
(a) the majority of the persons engaged in their
operation are not at all times British subjects; or
(b) when the holder is a company, one at least of
the directors and the chief local representative are not
at all times British subjects.

8. (1) In this section- Powers in
relation to
oil rights and surface rights mean respectively oil rights or
oil rights and surface rights which, in accordance with surfawhich
the preceding provisions of this Ordinance, have become are liable
liable to be dealt with in the manner provided in this to be der
section, and include any oil rights or surface rights this section.
which have been acquired by the conveyance, assign-
ment, transfer, devolution, lease, sub-lease, or other
disposition of the oil rights or surface rights which have
become so liable;
holder means the person who was the holder of
oil rights or surface rights at the time when they
became liable to be dealt with in the manner provided
in this section.
(2) It shall be lawful for the Supreme Court, in a
suit instituted by the Attorney General, to make, in relation
to oil rights or surface rights, all or any of the orders
hereinafter mentioned which may appear to the Court to
be just.
(3) The defendants in such suit shall be the holder
and such persons (if any) as may appear to have an interest
in the oil rights or surface rights or in the making of any
such order.
(4) In any such suit the Court may-
(a) order that all or any of the oil rights or surface
rights shall cease and determine;
(b) with regard to any oil rights or surface rights to
which an order under the preceding paragraph relates-
(i) order that such oil rights or surface rights








Ch. 21. No. 2.] Oil Rights (Alien Control).


shall vest in His Majesty: Provided that no such
order shall be made in respect of any oil rights or
surface rights which have been disclaimed by the
Attorney General on behalf of His Majesty by
written notice of disclaimer filed in the suit;
(ii) order that such oil rights or surface rights
shall vest in such person and for such interests as
to the Court may seem just;
(iii) provide for all consequential matters for
which the Court may think fit to provide, including
costs: Provided that in no such case shall costs be
awarded against the Attorney General or the
Crown except on the issue as to whether the oil
rights or surface rights are oil rights or surface
rights within the definition thereof in subsection (1)
of this section.
(5) In regard to orders under the preceding subsection,
the following provisions shall have effect--
(a) any such order may be granted upon such terms
as to the Court may seem just;
(b) any such order for the vesting of oil rights or
surface rights shall operate to vest such oil rights or
surface rights according to the tenor of the order without
any conveyance or assignment for the purpose.
,vitdecm. 9. A certificate purporting to be signed by the Colonial
Secretary or the Under Secretary on behalf of the Governor
that any country is a country the laws and customs of which
do not permiit British subjects or companies incorporated
in His Majesty's dominions or companies incorporated in
that country controlled directly or indirectly by British
subjects or by companies incorpated in His Majesty's
dominions to acquire, hold and operate oil rights on condi-
tions which are reasonably comparable with the conditions
upon which such rights are granted to aliens under this
Ordinance shall, unless it is proved that the signature on
such certificate is not that of the Colonial Secretary or the
Under Secretary, as the case may be, be conclusive proof
of the facts stated therein.
Service of 10. (1) Any notice, requisition or other document required
documents. or permitted by this Ordinance to be given or communicated









Oil Rights (Alien Control). [Ch. 21. No. 2. 91

shall be deemed to have been sufficiently given or
communicated if-
(a) it is delivered to, or left with, the person to whom
it is required or permitted to be given or communicated,
or if it is delivered to, or left with, any person at the
usual place of abode or business of the person to whom
it is required or permitted to be given or communicated;
or
(b) when it is required or permitted to be given or
communicated to a company or firm it is delivered to,
or left with, any person at the registered office or usual
place of business of such company or firm;
(c) it is addressed in a prepaid registered letter' to
the person, company or firm to whom it is required or
permitted to be given or communicated, at the usual
place of abode or business of such person or the registered
office or usual place of business of such company or
firm, as the case may be.
(2) Where two or more persons are co-holders of any
oil rights and any notice, requisition or other document is
required or permitted by this Ordinance to be given or
communicated to the holder of such oil rights, such notice,
requisition or other document shall be deemed to have
been sufficiently given or communicated if it is given or
communicated in the manner provided in this section to
any one of such co-holders.
(3) Any notice or requisition shall be deemed for
the purposes of this Ordinance, until the contrary is proved,
to have been given by the Governor, if it purports to be
signed by the Colonial Secretary or the Under Secretary.

11. The Governor in Council may make regulations for Rcrulations.
all or any of the purposes of this Ordinance and in particular
and without prejudice to the generality of this power for
regulating-
(a) the making of applications for licences under
the Ordinance; and
(b) the fees to be taken for things done under the
Ordinance.








Ch. 21. No. 3.] Aliens (Landholding).


CHAPTER 21. No, 3.

ALIENS (LANDHOLDING).

Ordinances
Ch.21. No.3- AN ORDINANCE TO REGULATE THE HOLDING OF LAND BY
.-1940. ALIENS AND COMPANIES UNDER ALIEN CONTROL.
No. 10-1942.
,. 13 1949.

Commence- [lst July, 1921.]
Iu'fnt.
1. This Ordinance may be cited as the Aliens (Land-
Short tith, holding) Ordinance.

2. (1) In this Ordinance-
Interprct.- alien means a person, who is not a British subject,
-.ion. and includes a company incorporated in the Colony or
in any other part of His Majesty's dominions if it is
under alien control as hereinafter explained, and also
every corporation incorporated in a foreign country,
but shall not include any of the subjects or citizens of
a foreign state upon whom there has been conferred by
treaty the right to hold land within the Colony;*
debenture includes every mortgage or charge by
a company, whether floating or otherwise, on any of
the company's property or on its undertaking or on its
uncalled capital, and also every obligation by the
company (not being a bill of exchange or promissory
note) for the payment of a debt or the repayment of
money lent or to be lent, and also debenture stock;
land includes tenements and hereditaments, both
ord. corporeal and incorporeal, and every interest therein,
1942, s. 2. but does not include money charged on land, or oil
rights as defined in the Oil Rights (Alien Control)
Ordinance;
member of a company includes any person
List of countries with which treaties have been concluded under this
Ordinance:-
Columbia, Germany, Greece, Italy, Roumania, Spain, Switzerland and Turkey.








Aliens (Landholding). [Ch. 21. No. 3.


entitled under the memorandum or articles or any
resolution of the company to participate in its assets
or in its divisible profits; but a servant or agent of the
company shall not be deemed to be a member by
reason only that the amount of his emoluments
depends wholly or partially on the amount of the
company's profits;
mortgage includes every instrument creating a
mortgage or charge on land, except a debenture;
share includes stock, and, in the case of a com-
pany not having a share capital, the interest of a
member in the assets of the company;
unlicensed alien means an alien who does not
hold a licence granted under this Ordinance.
(2) The expression alien when used in this Ordi- The govern-
ment of any
nance shall, for the purpose of enabling the government foreign state
of any foreign state to own land for consular use, but only authorized to.
in so far as it is necessary for such purpose, be deemed to consular use
include the government of any foreign state; and the Ord. 13-
relevant provisions of this Ordinance shall, subject to the 1949.
aforesaid limitation, be construed accordingly.

Restrictions on the holding of land and mortgages by aliens.
3. (1) Subject to the provisions of this Ordinance., Forfeiture of
land and
neither land in the Colony nor a mortgage on land in the mortgages
Colony shall, after the commencement of this Ordinance, held by
be held by an unlicensed alien, and any land or mortgage so aliens.
held shall be forfeited to His Majesty. Exceptions.
(2) Provided that- Land held on
(a) land may be acquired and held by an unlicensed annual
tenancy for
alien on an annual tenancy or for any less interest for residence,
the purposes of his residence, trade, or business, but etc.
an unlicensed alien shall not so hold more than five acres
of land in all;
(b) land acquired by an unlicensed alien under a Land
will or on an intestacy shall not be forfeited if, within acquired,
one year from the death of the testator or intestate or etc.
within such extended time, if any, as the Governor
may decide to be reasonable, the land is sold or the
alien obtains a licence to hold the land;








Ch. 21. No. 3.] Aliens (Landholding).


Mortgagec (c) a mortgage acquired bvy an unlicensed alien under
,,,,"ridT, a will or on an intestacy shall not be forfeited; but the
mortgage, be entitled to foreclose or enter into possession
of the mortgaged land;
I,.,rest ,, (d) nothing in this Ordinance shall affect the interest
i.,n,,. of a judgment creditor in the land of his judgment
debtor, but the debtor's land shall not be acquired by
an unlicensed alien;
..,,1 ,,, (e) nothing in this Ordinance shall affect the estate
"or interest of an alien in any land or mortgage held by
";'r t' him at the commencement of this Ordinance.

Jic.u.cs ftrI- 4. (1) The Governor may, if he thinks fit, grant to any
.,,h, ,,,' alien a licence to hold land as owner or tenant or mortgagee
mn- ,its. for any estate or interest, either subject to any conditions
or not:
Provided that a licence shall be operative only as to the
land described and as to the estate or interest specified
therein, and shall be of no force or effect until registered in
the office of the Registrar General.
(2) On breach of any condition in a licence to hold
land as owner or tenant or mortgagee, the estate and interest
of the alien in the land or mortgage held under the authority
thereof shall be forfeited to His Majesty.

E.nLi of 5. (1) Land or a mortgage forfeited under this Ordinance
f irfUr tire. shall not vest in His Majesty unless and until a judgment is
obtained declaring the forfeiture, but, on such judgment
being obtained, the title of His Majesty shall relate back to
and commence at the time when the forfeiture took place.
(2) A judgment declaring a forfeiture of land shall
operate to vest in His Majesty all the estate and interest of
the alien in the forfeited land.
(3) A judgment declaring a forfeiture of a mortgage
shall operate to vest in His Majesty all the estate and
interest of the alien in the mortgaged land subject to any
right of redemption subsisting therein, and also to vest in
His Majesty the right to recover and receive and to enforce
all securities for the mortgage money.




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