Schedule., The Protectorate Vagrancy Ordinance (1934)

CHAPTER 64. PROTECTORATE VAGRANCY. An Ordinance to control vagrancy and to provide for the repatriation to their own chiefdoms of natives convicted before certain Courts in the Protectorate. [7TH DECEMBER, 1934.] 17 of 1934. 1. This Ordinance may be cited as the Protectorate Vagrancy Ordinance, and shall apply to the Protectorate. Short title. 2. In this Ordinance, unless the context otherwise requires— " Native Court" means a Court of a Native Chief as constituted by the Native Courts Ordinance. Interpretation. Cap. 8. 3. Any native belonging by native law or custom to one chiefdom who remains in any part of another chiefdom without regular employment for more than twenty-one days and without any members of the chiefdom in which he is then resident being willing to answer for him in accordance with native law or custom, or who fails to give a satisfactory account of his means of subsistence, shall be deemed an idle and disorderly person and shall be liable on summary conviction by a Native Court to imprisonment for any period not exceeding one month. Native con- tinuously unemployed deemed a vagrant. 564 Right to interrogate native. Courts may order repatriation of convicted natives. Native Court may recommend repatriation of convicted natives. Power of Magistrate to make an order. Execution. Cap. 64] Protectorate Vagrancy 4. It shall be lawful for any chief, sub-chief, or headman to interrogate any native whom they may find in any chiefdom other than that to which the native by native law or custom belongs, or that in which he is domiciled, as to his means of subsistence, his present place of abode and the chiefdom to which he belongs, and, on his failing to answer, or if his answers be unsatisfactory, to take him to the Paramount Chief of the chiefdom in which he was found with a view to his being charged under the last preceding section. 5. If any native is convicted in the Supreme Court or in any Magistrate's Court of any offence and such native was not born in the chiefdom in which the offence was committed and has not resided there for a continuous period of two years previous to his being brought before the Court, then the Court may on the application of the Paramount Chief concerned order that such native shall, in addition to any punishment, be repatriated to the chiefdom to which it appears he properly belongs. Such order may be in the form set out in the Schedule to this Ordinance.