THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882.
or in the Territories of the East India Company, and such Court may thereupon make such Order in the Case as it thinks fit, and may award such Portion of the Proceeds of the Sale of any forfeited Ship as it thinks right to the Officer bringing in the same for Adjudication, or to any Persons damaged by the Act or Default which has rendered the Ship liable to Forfeiture.
on reasonable
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XI. No such Officer as aforesaid shall be responsible, either civilly or criminally, Officer not liable to any Person whomsoever, in respect of the Seizure or Detention of any Ship that has for any Seizure made been seized or detained by him in pursuance of the Provisions herein contained, not- Grounds. withstanding that such Ship is not brought in for Adjudication, or, if so brought in, is declared not to be liable to Forfeiture, if it is shown to the Satisfaction of the Judge or Court before whom any Trial relating to such Ship or such Seizure or Detention is held, that there are reasonable Grounds for such Seizure or Detention; but if no such Grounds are shown, such Judge or Court may award Payment of Costs and Damages to any Party aggrieved, and make such other Order in the Premises as he or it thinks just.
XII. It shall be lawful for the Court before which any Ship liable to Forfeiture Fine may be substi- under this Act is proceeded against to impose such a pecuniary Penalty as to the same tuted for Forfeiture. Court shall seeni fit, in lieu of condemning the Ship, and in such Case to cause the Ship to be detained until the Penalty is paid, and to cause any Penalty so imposed to be applied in the same Manner in which the Proceeds of the said Ship, if condemned and sold by Order of the Court, would have been applicable.
XIII. All Misdemeanors and other Criminal Offences punishable under this Act Mode of Procedure shall be dealt with, tried, and judged of in the same Manner as Misdemeanors and other in Criminal Cases. Offences punishable under the Merchant Shipping Act, 1854, and all the Rules of Law, Practice, or Evidence applicable to the last-mentioned Misdemeanours and Offences shall
be applicable to Misdemeanours and other Offences under this Act.
XIV. Any Court, Justice, or Magistrate imposing any Penalty under this Act for Application of which no specific Application is herein provided, may, if it or he thinks fit, direct the Penities. whole or any Part thereof to be applied in compensating any Person for any Wrong or Damage which he may have sustained by the Act or Default in respect of which such Penalty is imposed, or in or towards Payment of the Expenses of the Proceedings; and, subject to such Directions or specific Application as aforesaid, all Penalties recovered in the United Kingdom shall be paid into the Receipt of Her Majesty's Exchequer in such Manner as the Treasury may direct, and shall be carried to and form Part of the Consolidated Fund of the United Kingdom; and all Penalties recovered in any British Possession shall be paid over into the Public Treasury of such Possession, and form Part of the Public Revenue thereof.
tions of Command-
XV. In any legal Proceeding taken under this Act or in respect of the Bond Written Declara- herein-before required any Document purporting to be the written Declaration of any ers, &c. primâ facie British Consul, or of the Commander of any of Her Majesty's Ships of War, or to be a Evidence, Copy of the Proceedings of any Court of Justice, shall, without any Proof of Signature, be received in Evidence, in case it shall appear that such Copy or Declaration, if produced in the United Kingdom, was officially transmitted to One of Her Majesty's Principal Secretarics of State, or, if produced in any Colony, was officially transmitted to the Governor thereof: Provided always, that no Person making such written Declaration as aforesaid shall be capable of receiving a Share of any Penalty or Forfeiture which shall be procured by such written Declaration.
XVI. This Act may be cited for any Purpose whatever under the Name of the Short Title. "Chinese Passengers Act, 1855."
Act.
XVII. *This Act shall come into operation as soon as it shall have been proclaimed Commencement of in Hongkong by the Governor thereof, or if not so proclaimed, on the First Day of January next ensuing.
* See Proclamation No. 12 of 1856.