Page:Halsbury Laws of England v1 1907.pdf/546

 —— Aliens.

324 Sect.

3.

Expulsion of Aliens,

by that Court of any felony or misdemeanour, or other offence for which the Court has power to impose imprisonment without the option of a fine, or of an offence under par. 22 or 23 of s. 381 of the Burgh Police (Scotland) Act, 1892 (k), or of an offence as a prostitute under s. 72 of the Towns Improvement (Ireland) Act, 1854 (Z), or par. 11 of s. 54 of the Metropolitan Police Act, 1839 (m), and that the Court recommend that an expulsion order should be

made

in his case either in addition to or in lieu of his sentence. Sub-Sect.

Undesirable aliens.

Destitute.

2.

— Undesirable

Aliens.

715. The Secretary of State may also make an expulsion order (ir) if it is certified to him by a Court of summary jurisdiction after proceedings taken for the purpose within twelve months after the alien has last entered the United Kingdom in accordance with the. rules of Court made under sect. 29 of the Summary Jurisdiction Act, 1879 (o), that the alien (1) Has within three months from the time at which proceedings for the certificate are commenced been in receipt of any such parochial relief as disqualifies a person for the parliamentary franchise (p ), or been found wandering without ostensible means of subsistence, or been living under insanitary conditions due to overcrowding or, (2) Has entered the United Kingdom after the passing of the Act and has been sentenced in a foreign country with which there, is an extradition treaty for a crime not being an offence of a political character, which is as respects that country an extradition crime within the meaning of the Extradition Act, 1870(g).

Criminal.

Sub-Sect. Expenses of expulsion.

3.

Expenses of Expulsion.

716. Where an expulsion order is made the Secretary of State may, thinks fit, pay the whole or any part of the expenses incidental to the departure from the United Kingdom and maintenance until departure of the alien and his dependents if any (?•).

& 56 Yict. c. 55, s. 381, imposes a fine not exceeding 40s. on any (fe) 55 person wlio in any street being a common prostitute or street walker loiters about or importunes passengers for the purposes of prostitution (par. 22) or habitually or persistently importunes or solicits, or loiters about for the purpose of importuning or soliciting, women or children for immoral purposes (par. 23). {I) 17 & 18 Yict. c. 103, s. 72, imposes a fine not exceeding 40s. on every common prostitute or night walker loitering and importuning passengers for thepurposes of prostitution, or being otherwise offensive. (m) 2 & 3 Yict. c. 47, s. 54, par. 11, imposes a fine not exceeding 40s. on every common prostitute or night walker loitering or being in any thoroughfare or public place (within the Metropolitan Police District) for the purpose of prostitution or solicitation to the annoyance of the inhabitants or passengers. {n) Aliens Act, 1905 (5 Edw. 7, c. 13), s. 3 (1) (b). These rules provide that the proceedings are to be(o) 42 & 43 Yict. c. 49, s. 29. commenced by complaint, and that the provisions of the Summary Jurisdiction Acts with reference to proceedings on complaint are in so far as applicable toapply accordingly (Summary Jurisdiction (Aliens) Eules, 1906). In Scotland, the rules are made under s. 33 of the Summary Procedure (Scotland) Act, 1864 (27 & 28 Yict. c. 53), and in Ireland by the Lord Chancellor of Ireland. 3 Will. 4, c. 45), s. 36, {p) See Eepresentation of the People Acts, 1832 (2 and 1867 (30 & 31 Yict. c. 102), s. 40. By the Medical Belief Disqualification Eemoval Act, 1885 (48 & 49 Yict. c. 46), the receipt of medical and surgicalassistance no longer disqualifies for the parliamentary franchise. See title Extkadition. {q) 33 & 34 Yict. c. 52. {r) Aliens Act, 1905 (5 Edw. 7, c. 13), s. 4 (1).

-