obtain, within legal limits, all information that may help to trace a criminal traffic. The arrival of persons, who evidently appear to be the authors, the accomplices, or the victims of such a traffic, shall be made known, should the case occur, either to the authorities of the place of destination, or to the interested diplomatic or consular agents, and to all other competent authorities. The Governments pledge themselves to cause to be written down, should the case occur and within legal limits, the declarations of women and girls of foreign nationality that give themselves to prostitution, with the view of establishing their identity and condition, and of seeking after those who prevailed upon them to quit their country. The information thus collected shall be communicated to the authorities of the native country of those women and girls with a view to their eventual repatriation. The Governments pledge themselves, within the limits of the law, and as far as possible, to entrust, provisionally and with the intention of eventually repatriating them, the victims of a criminal traffic, when they are resourceless, to institutions of public or private assistance, or to private individuals who would give the necessary securities. The Governments likewise pledge themselves, within legal limits and as far as possible, to send back to their native country such of these women and girls as ask to be repatriated, or who are claimed by persons having authority over them. That repatriation shall be carried into effect only after mutual understanding as to their identity and nationality, as well as the place and date of arrival at the frontiers. Each one of the contracting countries shall facilitate the transit within its territory. The correspondence relating to repatriations shall, as far as possible, be made in a direct manner. In case the woman or the girl could not herself refund the expenses of her transfer, or in which she would have neither husband, nor parents, nor guardian who would pay for her, the expenses necessitated by her repatriation shall be charged to the country in which she resides, as far as the nearest frontier or port of embarkation in the direction of her native country, and then what remains shall be charged to her native country. By the provisions contained in the above-mentioned Articles III and IV no derogation is made from particular Conventions which might exist between the Contracting Governments. The Contracting Governments pledge themselves within the limits of the law, to keep watch over the intelligence offices, or agencies, which deal with securing situations for women or girls in foreign countries. The non-signatory States are admitted t present Agreement. For that purpose, the intentions, through diplomatic channels, to ment, which shall notify all the Contractin The present Agreement shall be put the date of the exchange of ratifications. In the event of one of the Contracting Parties denouncing it, that denunciation shall have effect only with regard to that Party, and this twelve months only from the date of the said denunciation. And whereas the Government of the Colony of Fiji has become a party to the Agreement; And whereas the Agreement was drawn up in the French language; And whereas the Colonial Secretary of the Colony of Fiji has been designated to be the Authority, under Article I of the Agreement, to act on behalf of the Colony of Fiji: Be it therefore enacted by the Governor, with the advice and consent of the Legislative Council, as follows: 1. This Ordinance may be cited for all purposes as Immoral Traffic (Women's) Ordinance, 1909." "The 2. If any question shall arise as to the construction of the Agreement owing to a difference between the terms thereof as above recited and the original Agreement in the French language, the latter shall be taken to govern. 3. The Colonial Secretary, or other person designated as aforesaid, may, with the approval of the Governor in Council, appoint an officer or officers to assist him in carrying out and giving effect to the terms and provisions of the Agree ment. 4.-(1.) It shall be the duty of the Colonial Secretary, or other person designated as aforesaid, on or before the 30th day of June in every year, to transmit to the Governor estimates to be prepared by him of the amounts which, in his opinion, are required during the ensuing year for the purpose of carrying out and giving effect to the terms and provisions of the Agreement and of this Ordinance, including, amongst other things, the expenses attendant upon the transport of women and girls with a view to their repatriation, or upon entrusting them provisionally to institutions of public or private assistance, or to private individuals. (2.) It shall be lawful for the Governor to make any alteration in the estimates, which may to him appear necessary, and to propose those or amended estimates, or such of them as to him may appear expedient, to the Legislative Council in the Ordinance whereby provision is made for the contingent expenditure of the Colony during the ensuing year. 5.-(1.) It shall be lawful for the Supreme Court, upon the application of the Colonial Secretary, or other person who may be designated to be the authority under Article I of the Agreement to act on behalf of the Colony of Fiji, to make and give such orders and directions as may be deemed necessary to enable the person or persons designated in the order or direction to carry out and give effect to the terms and provisions of the Agreement and of this ance; and also to direct the payment be incurred, in carrying out and visions of the Agreement and this Ordinance, and of all costs and charges of and incidental to proceedings thereunder. (2.) Any application to the Court under this section shall be by way of motion, which shall be governed by the rules of the Supreme Court for the time being in force. Passed in Council this 28th day of May, in the year of our Lord 1909. ORDINANCE of the Government of Fiji to Restrict the [No. 17.] [June 10, 1909.] I assent. (L.S.) CHARLES MAJOR. BE it enacted by the Governor with the advice and consent of the Legislative Council as follows: 66 1. This Ordinance may be cited as The Immigrants Ordinance, 1909." 2. In this Ordinance, unless the context otherwise requires"Vessel" means any vessel of any kind used in navigating the sea; "Visiting officer" means any officer of Customs, or police officer, or other person duly authorized by the Governor to execute the provisions of this Ordinance; "Destitute immigrant" means any person not being a native of Fiji, nor a person under indenture to labour in Fiji in accordance with the provisions of any Ordinance that may be in force relating to the indenturing of immigrants, who, in the opinion of any visiting officer inspecting any vessel which has arrived in the Colony from any place beyond the Colony, is unable for any reason to maintain himself by his own labour, or is destitute, or is likely to become chargeable to the Colony; "Stowaway" means any person arriving in the Colony from any place beyond the Colony on board any British or foreign vessel who, by secreting himself on board the vessel, or by getting or remaining on board the same, without the consent of the owner, consignee, master, or other person entitled to give that consent, has obtained a passage on the vessel without having paid for the same; "Costs and charges" means any money expended out of the public funds of the Colony for the relief, maintenance, care, or treatment of any immigrant, and the expenses (computed according to a scale prescribed by the Governor in Council) of that relief, maintenance, care, or treatment in any hospital, almshouse, prison, or other institution or place maintained out of public funds for the relief of sick or destitute persons, or for the custody of prisoners, or in any hospital, almshouse, prison, or other institution or place, to the support of which the Government contributes. 3. No vessel coming from beyond the Colony shall communicate except by signal with any island, vessel, or place within the Colony until the master or other person in charge of the vessel shall have delivered to a visiting officer a full and complete list of persons carried upon the vessel other than as members of the ship's company, and no person shall be permitted by the captain or the person in charge of the vessel to disembark from the said vessel, or land, or go to any island, vessel, or place within the Colony until permission so to do has been given by the visiting officer. 4. A master or other person in charge of a vessel who shall neglect or omit to deliver to a visiting officer a full and complete list of persons carried in the vessel other than the members of the ship's company shall be liable, on conviction in a summary manner before a Stipendiary Magistrate, to a penalty not exceeding 501., and in default of payment to a term of imprisonment not exceeding three months. 5.-(1.) If, on the arrival of any vessel in this Colony, there be on board the vessel any of the persons following, that is to say(a.) A prostitute, gambler, or habitual drunkard; or (b.) A person who has been convicted by a legal Tribunal having jurisdiction beyond the Colony of any crime against the person or against property which, if committed within the limits of the Colony, would have been punishable by the Supreme Court or by any Court of summary jurisdiction; or (c.) A person suffering from any form of contagious, infectious, or communicable disease; or (d.) A lunatic, idiot, or person of unsound mind; or (f.) A stowaway; a visiting officer shall, by notice given to the master or other person in charge of the vessel, forbid the person named or indicated in the notice from landing in the Colony: Provided that, as regards paragraph (c), the provisions of this section are subject to the provisions of "The Quarantine Ordinance, 1880"; Provided also that a stowaway may be landed w permission of the Inspector-General of Constabul purpose of his being prosecuted. (2.) A notice under the preceding subwriting, and may include the names or desc more persons forbidden to land, and shall be master or person in charge of the vessel eithe to him personally or by affixing it to a ma conspicuous part of the vessel, and a copy thell to the agent of the vessel, if any, either by d personally or by posting a registered letter add hom is usual place of business. (3.) A person in respect of whom a notice forbidding landing has been given as aforesaid shall not, except by express permission of the Governor, be permitted to land in any part of the Colony. The permission of the Governor may be either unconditional or subject to such conditions as he may deem fit to impose. (4.) The master of a vessel is hereby authorized to use all reasonable and proper means, including force if necessary, to secure the detention on board of the vessel of any person in respect of whom a notice forbidding his landing therefrom has been given as aforesaid. (5.) Every person who (a.) Being the master or other person in charge of a vessel upon which any person in respect of whom a notice forbidding landing has been given as aforesaid has been brought to the Colony suffers that person to land in Fiji; or (b.) Being a person in respect of whom a notice forbidding landing has been given as aforesaid lands or suffers himself to be landed in Fiji; or (c.) Knowingly lands or procures to be landed in Fiji any person in respect of whom a notice has been given as aforesaid, shall be liable, on conviction in a summary manner before a Stipendiary Magistrate, to a penalty not exceeding 1007., and in default of payment to a term of imprisonment for any period not exceeding six months. 6.-(1.) If any person forbidden to land as aforesaid lands in the Colony, the vessel by which that person arrived at the Colony (a.) Shall be subject to a maritime lien in favour of His Majesty the King of 1007. in respect of each person forbidden to land as aforesaid; (b.) May be detained by force if necessary by a harbour master or visiting officer until payment of the lien aforesaid or until arrested under process of the Supreme Court. (2.) The person forbidden to land as aforesaid may be arrested and returned on board the vessel by which he arrived in the Colony and, if the Stipendiary Magistrate so direct, detained in custody upon the vessel until it departs from the Colony. 7.-(1.) A stowaway (in addition to any other penalties by this Ordinance imposed) shall be liable, upon conviction in a summary manner as aforesaid, to a term of imprisonment not exceeding three months, and may be deported from the Colony upon the order of the convicting Magistrate at the expense of the master or owner of the vessel by which he shall have been brought to the Colony, and the imprisonment under this subsection shall cease for the purpose of carrying out that order. (2.) Where any person arriving in the Colony upon any vessel is charged before any Tribunal as being a stowaway, the onus shall be upon that person to prove the consent of *1 › owner, charterer, consignee, master, or other person in ch |