27 VICTORIA, justices forfeit and pay for every such offence a sum not exceeding fifty pounds.

No. 201.

False statement.

Trustees to prose

33. If any such trustee wilfully make a false statement in any such statutory declaration in any material manner in such account as aforesaid, he shall be deemed guilty of a misdemeanor and punished accordingly.

34. The trustees of any cemetery shall have power to prosecute cute for damage. all persons who may at any time do or cause to be done any damage to any building monument tombstone shrubbery plantation or enclosures of the said cemetery.

Malicious injury.

Injuries to

35. If any person wantonly or wilfully destroy or do or cause to be done any damage to any monument vault tombstone building erection railing fence shrubbery tree or plant in any cemetery, he shall be guilty of a misdemeanor; and being convicted thereof before any two or more justices (who are hereby authorised to hear and determine in a summary way any complaint thereof made by the said trustees or by any officer or servant employed by them in the said cemetery or by any person to whom the burial place may belong) he shall be liable for every such offence to a penalty not exceeding twenty pounds or at the discretion of such justices to imprisonment for any period not exceeding three months.

36. If any person do or cause to be done any injury to any such monuments &c. monument vault tombstone building erection railing shrubbery tree or plant whether the same be done wilfully or wantonly or otherwise howsoever, he shall be liable to pay a reasonable sum of money by way of damages and compensation therefor; which said sum of money shall be recoverable in any court of competent jurisdiction by the trustees of the cemetery or any person injured by such damage.

Trustee may seize and detain

any person com

against this Act.

37. It shall be lawful for any trustee or for any officer or servant of the trustees and for all such persons as he shall call to mitting offence his assistance to seize and detain any person who shall commit or be in the act of committing an offence against this Act and whose name and place of abode shall be unknown to such trustee, officer or servant, and to convey such person before some justice without other warrant or authority than this Act. And in case such person refuse to satisfy the justice as to his name and place of abode, such justice is hereby empowered and required either to proceed immediately to the hearing and determining the complaint in the same manner as if heard by summons before two or more justices; or to order such person to be detained in custody until he shall be brought before two or more justices to be dealt with in the ordinary course.

Appropriation of penalties.

Want of form and no certiorari.

38. One moiety of the money arising from any penalty or forfeiture imposed by this Act when recovered shall be paid to the trustees of the cemetery in respect whereof such penalty or forfeiture may have been imposed for the uses of such cemetery; and the other moiety to the use of the informer or person prosecuting who shall be deemed in all cases a competent witness.

39. All proceedings under this Act shall be had and taken in a summary way; and any such proceeding in pursuance of this Act shall not be quashed for want of form, nor be removed by certiorari or other process into the Supreme or other court.

40. This Act shall commence and come into operation on the 27 VICTORIA, first day of January next after the passing hereof and not before.

No. 201.

An Act to amend the Laws affecting the Chinese immigrating to or resident in Victoria.

[9th May 1865.]

BE it enacted by the Queen's Most Excellent Majesty by and with

the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :—

1. This Act shall be called and may be cited as the "Chinese Title of Act. Immigrants Statute 1865."

28 VICTORIA,

No. 259.

Repeal of Act.
Schedule.

Interpretation.

Governor in

Council to

2. From and after the passing of this Act the Act mentioned in the Schedule hereto shall be and the same is hereby repealed; but nothing herein shall affect any act regulation appointment or order lawfully done or made or any penalty incurred before the passing of this Act.

3. In the interpretation and for the purposes of the provisions of this Act the following words shall, unless inconsistent with or repugnant to the context, have the respective meanings hereby assigned to them (that is to say) :

The word "master" shall be held to apply to any person in command of any vessel.

The word "ship" shall mean any sea going vessel of any kind or description.

And the word "immigrant" shall mean any male adult native of China or its dependencies or of any islands in the Chinese seas not born of British parents or any person born of Chinese parents.

4. The Governor in Council may appoint such and so many perappoint officers. sons to carry out the provisions of this Act with such designations as to the Governor in Council shall seem necessary or desirable.

Governor may regulations.

5. The Governor in Council may make such rules and regumake rules and lations as may be deemed necessary for defining the duties and conduct of the officers to be appointed under the authority of this Act, the registration of immigrants on their arrival at the district or place to which they may proceed, the removal from such district of all or any of such immigrants if it shall be found necessary or desirable to do so, the circumstances under which any such registration or removal shall be required, the period for which such registry or removal is to last, and the mode time and place of any such registration or removal, also for the protection of immigrants and the adjustment of disputes between them, and generally for the management and good government of immigrants; and any such rules and regulations may alter vary or annul and substitute others as occasion may require and any immigrant or other person who shall be wilfully guilty of any breach or infringement of such rule or regulation shall forfeit and pay a penalty not exceeding five pounds.

Passengers' list

immigrants as de

6. The master of every ship upon arrival at any port in Victoria to state whether - having passengers on board shall distinctly specify and state, in the fined by this Act list of passengers required by any Act now or hereafter in force are aboard or not. relating to passengers arriving in Victoria to be exhibited or deli

Penalty for obstructing officers.

vered to the collector or other chief officer of customs at the port of arrival, whether any and which of such passengers are immigrants within the meaning of this Act: and in default of his delivering such list without so specifying as aforesaid such master shall be liable to a penalty not exceeding two hundred pounds.

7. If any person shall hinder molest obstruct or assault any person appointed under this Act or any person acting under his authority or under any power or authority given by this Act, every such person shall on conviction forfeit and pay a penalty not exceeding ten pounds.

set to labor on

8. The Governor in Council, whenever any immigrants are 28 VICTORIA, sentenced to imprisonment or imprisonment and hard labor, may No. 259. direct that such immigrants so sentenced shall be worked and Immigrants imemployed at such places and on such public work or local work for prisoned may be the public benefit or convenience, and may make such rules and local works regulations, and may alter or annul the same, for the safe custody control and general management of such immigrants so sentenced as aforesaid as the Governor in Council shall deem desirable.

approved of by

the Governor.

covered in a sum

mary manner.

9. All offences under this Act shall be heard and determined Penalties reand all penalties recovered in a summary manner before any two or more justices; and at the hearing of any case the justices adjudieating shall decide upon their own view and judgment whether any person charged before them is or is not an immigrant within the meaning of this Act.

vote at elections

10. No immigrant within the meaning of this Act, notwith- Immigrant not to standing that he holds a miner's right or business license or other for mining document under any Act now or hereafter in force relative to the boards. gold fields, shall be entitled to vote at the election of members for any mining board.