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[An act to regulate the Chinese population of B.C.] Government of British Columbia 1884

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 [47 Vict.] CHINESE. [Op. 4.]
A.D. 1884.
CHAP   4.
An   Act   to   regulate   the   Chinese   population   of   British
Columbia.
[18th February, 1884.]
11THEREAS the incoming of Chinese to British Columbia largely PreamlDle
' ' exceeds that of any other class of immigrant, and the population
so introduced are fast becoming superior in number to our own race;
are hot disposed to be governed by our laws ; are dissimilar in habits
and occupation from our people; evade the payment of taxes justly due
to the Government; are governed by pestilential habits; are useless in
instances of emergency; habitually desecrate grave-yards by the removal of bodies therefrom; and generally the laws governing the
whites are found to be inapplicable to Chinese, and such Chinese are
inclined to habits subversive of the comfort and well-being of the
community:
And whereas it is expedient to pass special laws for the Government of Chinese:
Therefore, Her Majesty, by and with the advice and consent of the
Legislative Assembly of the Province of British Columbia, enacts as
follows:—
1. This Act shall be cited as the " Chinese Regulation Act, 1884."       short title.
2. The term "Chinese" wherever used in this Act shall mean any Meaning of "Chinese."
native of the Chinese Empire or its dependencies hot born of British
parents, and shall include any person of the Chinese race.
3. From and after the passage of this Act there shall be payable imposes Annual tax of
and paid by every Chinese in British Columbia, above the age of fourteen years, unto and for the use of Her Majesty, Her heirs and successors, the sum of ten dollars, and thereafter on the 1st day of June
in each and every year there shall be likewise payable and paid by
such Chinese person a further sum of ten dollars.
4. The Lieutenant-Governor in Council shall immediately upon the Appointment of Chinese
passage of this Act, and from time to time thereafter as occasion may
require, appoint in each electoral  district, one or more person or persons to be called Chinese  Collectors, to collect  and receive such pay-
7 [Oh. 4.] CHINESE. [47 Vict.]
A.D. 1884        ments from  Chinese, and  such Collector or Collectors   immediately
 ■ upon such payment, shall issue and deliver to the person paying the
same a license in the form contained in the Schedule hereto, and the
Lieutenant-Governor in Council may require from the Collectors so to
be appointed such security as he may see fit and may allow them such
percentage upon the amount of collections as may seem reasonable and
just, and the Lieutenant-Governor in Council may further-allow such
additional sum by way of expenses as may be necessary and reasonable for the purpose of carrying out the provisions of this Act.
Penalty for not haring a      5. Any Chinese who shall be found within the Province not having
licence. ...
in his possession a licence issued under the provisions of this Act, lawfully issued to him, shall on conviction thereof forfeit and pay a sum
not exceeding forty dollars.
Penalty on collector, etc.,      6. Any Collector or Government servant wilfully disobeying any of
for disobeying  the pro- J _ _ •; J      °        J
the provisions of this Act shall  forfeit and pay a sum not exceeding
one hundred dollars.
visions of this Act.
paid^nto1heCTreasurybe ^ • Every Collector shall collect the tax from each Chinese, and shall
as soon afterwards as may be pay over the amount to the Officer in
charge of the Treasury, or to such other person as the Lieutenant-
Governor in Council may from time to time direct.
to be°fumished empI°ye8 ®- Every employer of Chinese shall furnish to the Collector, when
requested by him so to do, from time to time, a list of all Chinese in
his employ, or indirectly employed by him, but no such statement
shall bind the Collector, nor shall excuse him from making due enquiry
to ascertain its correctness.
to^suJhhstor^or'mak- 9- Incase any employer of Chinese fails to deliver to the Collector
mg false statements. ^q \{s% mentioned in the preceding section, when required so to do, or
knowingly states anything false therein, such employer shall, on complaint of the Collector and upon conviction before a Justice of the
Peace having jurisdiction within the district wherein- such employer
carries on his business, forfeit and pay a fine not exceeding one hundred dollars for every Chinese in his employ, to be recovered by distress of the goods and chattels of such employer failing to pay the
same, or in lieu thereof shall be liable to imprisonment for a period
not less than one month and not exceeding two calendar months.
tor '"the1 amountdof The      ^- The Collector may, by himself or his agent, levy the amount o£
licence with coats. ^g pcence from any Chinese not being in lawful possession of a
licence, with costs, by distress  of his goods and chattels, or of any
of what goods the dis- goods and chattels which may be in the possession of the delinquent,
tress may be had.
or which may be upon or in any premises (whether the goods of the
delinquent or not) for the time being in the possession or occupation
of  such   delinquent   Chinese,  and   for  the purposes of this   section [47 Vict.] CHINESE. [Ch. 4.]
premises shall be deemed to be in the possession or occupation of any       A T)  1884
Chinese when it can be shown to the satisfaction of the tribunal having 	
cognizance of the matter—
(a.) That such Chinese habitually frequents such premises with the
assent of the owner.
(b.) That he is the owner, or one of the owners of the premises, or
has control, either alone or jointly, with another or others of
such premises, or some part thereof.
(c.) That he has passed the night or slept upon such premises at any
time within a week of the levy.
It shall be sufficient authority for the Collector to levy as aforesaid
on the non-production of the licence. Proof of the lawful possession
of such receipt shall lie on the person whose goods are distrained.
11. Every employer  of   Chinese  shall   demand   from   every   such Licence to be demanded
v L      J v . . by employer and retain-
Chinese in his employ his licence, and shall retain the same in his ed durinsthe service,
possession during the time such Chinese is in his employ, and shall
return the same to him when he leaves his service; and every employer
as aforesaid shall produce to the Collector, whenever required so to do>
such licence for his inspection.
12. The Toll Collector at any and every toll gate which may exist Ton collectors not to ai-
*; low Chinese to pass un-
in the Province from time to time, shall, before allowing any Chinese 'ess licence produced,
to pass through any toll gate, demand from such Chinese the production of his licence, and, until the same is produced, such Chinese shall
not be allowed to proceed through the toll gate.
13. It shall   be unlawful for any person to employ any  Chinese unlicensed Chinese not
.'-      - . . to be employed.
who has not in his possession the licence required by this Act, and any
person guilty of an infraction of the provisions of this section shall
forfeit and pay a fine not exceeding fifty dollars for every Chinese so
employed.
14. The sum payable by a Chinese for a free miner's certificate shall Fee for Free Miners' cer-
x    J ^ t r tificate to a Chinese to be
be fifteen dollars for each year during which the same is to be in force *6-
instead of five dollars, as by the present mining laws provided, and no
free miner's certificate shall hereafter be issued to any Chinese except
upon payment of the said sum of fifteen dollars.
15. Any Chinese who shall be found mining for gold and precious Chinese not to mine with-
J ,    o o j. out Certificate.
metals, or following the ordinary occupation of a free miner, whether
on his own account or for others, without having in his possession a N?'.t0 be employed in
' °       A ' mining  without   Certifi-
free miner's certificate, lawfully issued to him subsequently to the cate-
passage of this Act, and any person who shall employ any Chinese in Pena,tyfOT »° doiI>s-
and about gold mining who has not in his possession such a certificate,
shall forfeit and pay a sum not exceeding thirty dollars.
16. Sub-section (i.) of the Schedule A to the "Licences Ordinance, i™cfi8e7LJ>censes °rdi"
9 Dead bodies of Chinese
not to be exhumed or
removed without permission.
[Ch. 4] CHINESE. [47 Vict.]
AD. 1884.       1867," is hereby amended by adding thereto the following words: "but
no licence shall be issued to any Chinese."
17. Without the permission in writing of the Provincial Secretary
or Government Agent of the. district or place where the permission is
sought, it shall be unlawful to remove the remains of any dead Chinese
from any cemetery or place where such dead Chinese may have been
interred, or to exhume the bodies or remains of any dead Chinese, and
any person guilty of an infraction of this section shall forfeit and pay
a sum not exceeding one hundred dollars.
Prohibits the   use   of      18. The use of opium (except for medicinal or surgical purposes) is
opium, except for medi- x x o ±       r /
cinaipurposes. hereby prohibited, and any person who shall use or consume, or have
in his possession any opium, except for the purposes aforesaid, shall
forfeit and pay a penalty not exceeding one hundred dollars, and the
onus of proof shall lie upon the party charged of shewing that such
opium was used, or consumed, or in his possession for medicinal or
surgical purposes.
Recovery of penalties. \q   Any pecuniary penalty by this Act imposed may be sued for
and recovered in a summary way before any Justice of the Peace
having jurisdiction in the locality where the charge is made, and in
default of immediate payment of any such penalty the same may be
recovered by distress and sale of the goods of the offender, and failing
sufficient distress, the offender shall suffer a term of imprisonment not
■   exceeding three calendar months.
Cuashed°Trn0vatt  bf      *^.. -^0 conviction for any offence shall be quashed for want of form;
form- and no conviction shall be removed into any of Her Majesty's Courts
by certiorari or reviewed in any manner, except by appeal in manner
hereinafter stated, that is to say:. Any Chinese convicted of an offence
Appeal to the County against the provisions of this Act may appeal to the County Court
nearest to the place of conviction, provided he shall, within four days
after such conviction, have given notice in writing to the convicting
Security for costs, etc., Magistrate of his intention to appeal, and shall have furnished security
of Appeal. & -i      - t   •
in the sum of one hundred dollars, conditioned to abide by the
decision of the appellate Court, and shall have also deposited with
the convicting Magistrate a sum of money sufficient in the opinion
of such Magistrate to pay the costs and expenses of a jury
to try such appeal, and such appeal shall be heard and tried
before the County Court, with or without a jury of five, at the option
of the parties; and notwithstanding any defect in the proceedings, the
appeal shall be heard and decided on the merits, and if the conviction
be affirmed the appellant shall be punished according to the conviction,
and shall pay the costs of the appeal, and if the appeal be allowed, it
shall be lawful for the Lieutenant-Governor in Council to issue his
warrant to the Treasurer for the repayment to the appellant of the
money paid by him for jury process,
10 [47 Vict.] CHINESE. [Oh. 4.]
21. Any Chinese who shall lend his licence or free miner's certificate       AD. 1884.
to another Chinese, and any Chinese who shall utter or pass off upon 	
t Penalty   for   lending or
any Collector or other person any licence  or free miner's certificate usi»g borrowed licences,
other than his  own, with intent himself to avoid  payment of the
licence fee payable under this Act (and the onus of proving that such
was not his intent shall rest upon the person charged), shall forfeit
and pay a penalty of not less than twenty dollars nor more than one
hundred dollars.
22. The tribunal having cognizance of any matter under the pro- Jroof,.fs *? age and na-
&        ° < L tionality of Chinese.
visions of this Act may decide, upon its own view and judgment;
whether any person is a Chinese, and whether any person found by
the Court to be a Chinese be of the age of fourteen years.
23. It shall not be lawful to let or occupy, or suffer to be occupied sanitary provisions at-
x ,J L fecting buildings let  to
as a dwelling, any room, unless the following requirements are  com" Chinese,
plied with, that is to say:—
(a.) Unless such room contains at all times at least 384 cubic feet
of space for each person occupying the same :
(b.) Unless such room has a window, made to  open, at least two
feet square.
24. Any person   who  lets,   occupies,   or knowingly suffers to be Penalty for infraction of
x ° J the provisions of section
occupied, any room contrary to the provisions of section 23, shall be 2S-
liable for every offence to a penalty not exceeding fifty dollars.
25. Any room in which any person passes the night shall be deemed ^^^twkwLg."00"1'
to be occupied as a dwelling within the meaning of this Act.
26. The Lieutenant-Governor in Council may, by any general reg- fo^thenmna^ementTnd
ulation, direct that any persons imprisoned in respect of any infraction 5?S* f°fr v?lt™l
against the provisions of this Act shall be worked and employed at
such places and on such public works, or local works for the public
benefit or convenience, and may make such rules and regulations, and
may alter or annul the same, for the safe custody, control, and general
management of such prisoners, as the said Lieutenant-Governor may
from time to time deem advisable.
27. The Lieutenant-Governor in Council may also make such rules And for carrying out the
, ,      . . . intent of this Act.
and regulations, not inconsistent herewith, as may from time to time
appear necessary for carrying out the true intent and meaning of this
Act.
28. For the purpose of any proceeding taken under the provisions ?hurde( °i pI0Of Iies on
of this Act, the burden shall lie on the defendant of proving that he is
exempt from the operation of any of its provisions, and it shall not be
necessary in any information, summons, or conviction, or other document, to state or negative any exception in or exemption under this
Act or in contemplation of law.
11
tions of this Act. A.D. 1884.
[Oh. 4.]
CHINESE.
[47 Vict.]
29. This Act shall not come into operation until one year from the
operation of Act post- passage hereof.
30. This Act may be cited as the " Chinese Regulation Act, 1884."
poned.
Short title.
SCHEDULE.
" Chinese Regulation Act, 1884 "
No.
Received of
yearly licence, from the
District of
Date
, the sum of
day of to the
18    .
dollars, being the
day of 18
Collector.
VICTORIA: Printed by Richard Wolfendes, Government ^-rintsie,
at tile Government Printing Office. James daj.
12

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