51

A.—3

i. The master of such vessel shall, if required in writing by the Collector of Customs, give a substantial guarantee to an amount not exceeding fifty pounds for each person landed that such person will not within sis months from the date of his landing become a burden to the Government or people of Niue. 5. If the master of sueli vessel shall neglect or refuse to make such report as aforesaid, or to give such guarantee when called upon so to do, he may be forthwith summoned before the Resident Commissioner of Niue, and shall lie liable to a penalty for each offence not exceeding the sum of fifty pounds. Such penalty shall be recoverable from such master, and, failing him, from the owners of such vessel. The Collector of Customs or other officer shall not be bound to give any vessel a clearance until the master thereof shall have paid such penalty or shall have complied with the provisions of the two preceding sections. 6. If any person shall be brought to, or shall land, or remain in Niue, in contravention of section two (2) hereof, or if any person shall, within six months after his arrival in the island, be convicted of the charge of vagrancy as hereinafter mentioned, such person may be ordered by the Resident Commissioner to leave the island, and the master or owner of the vessel which brought such person to the island shall be bound to take such person away from the island, or, in default, the Residenl Commissioner may deport such person to the place from which he came by any other vessel at the expense of the master or owner of the vessel by which he had been brought to Ihe island, and such expense shall be recoverable from such master or owner. The Resident Commissioner may take all necessary steps to secure the deportation of such person, and for that purpose mayauthorise any constable of police to take such person into custody and to place him on board ship. 7. If any person shall become a burden to the Government or people of Nine (of which latter fact the declaration in writing of the Resident Commissioner shall be conclusive evidence), such person may be ordered by the Residenl Commissioner to leave the island, and, failing his voluntary departure, the Resident Commissioner may take all necessary steps to secure his deportation, and for that purpose may authorise any constable of police to take such person into custody and to place him on board ship. 8. Any person other than a Polynesian Native, or other than a half-caste Polynesian living as a Native, living in Niue and having no visible lawful means of subsistence or support may be charged as a vagrant, and on conviction thereof may be sentenced to hard labour for a period not exceeding three months. 9. No Chinese or other Asiatic shall be allowed to land or reside in Niue, unless such person shall have first obtained the written permission of the Resident Commissioner of Niue, and shall furthermore have paid into the hands of the Collector of Customs the sum of one hundred pounds 10. r lhe master or owner of any vessel which shall bring Chinese or other Asiatics to Niue and shall allow any of them to land in contravention of section nine (9) hereof shall be guiltv of an offence, and shall lie liable, on a summary conviction before the Residenl Commissioner's Court to a penalty of not more than fifty pounds for each person so landed. In addition to the foregoing penalty of fifty pounds the said master or owner shall at his own expense remove such Chinese or other Asiatic to any place outside Nine, or, in-default, the Residenl Commissioner may do so. and the cost thereof shall lie recoverable from the said master or owner. 11. It shall not be a defence to any action under section ten (10) hereof that the Chinese or other Asiatic was a member of the crew of the said vessel and not an immigrant within the ordinan meaning of the term. 12. Subject to the provisions of this Ordinance, it shall be lawful for any Asiatic member of the crew of any ship which has been duly entered at the Customs at the Port of Alofi to °-o ashore from time to time m the performance of his duties in connection with the ship, but for no other purpose. 13. In this Ordinance, if not inconsistent with the context. " mast,',- " means the person for the time being in actual command of a vessel. 14. All proceedings in respect of offences under this Ordinance shall be taken in the Resident Commissioner's Court. Passed by the Niue Island Council, this thirty-first day of August, one thousand nine hundred and nine. a .i ToGIA > Approved President of the Niue Island Council. H. Cornwall, Resident Commissioner, Niue. Assented to by His Excellency the Governor on the 23rd October, 1909.

Xe. 45. Slß >— Cook Islands Administration, Wellington, 17th November 1909 I have the honour to acknowledge tho receipt of your letter of the 4th September' last, forwarding copies of the Niue Island Undesirable Immigrants and Vagrants Ordinance 1909 and, in reply, to return the Ordinances duly assented to by His Excellency the Governor I also forward 100 copies of the Ordinance in Nine and English. The Resident Commissioner, Niue. ' j n ARBO