THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1882. 95
forfeiture of fittings.
14. The Supreme Court and the said Court of Magistrates shall have full power Proceedings for and authority to hear and determine all cases of seizure of fittings, and upon proof of [hid, sec. 17.] the legality of the seizure, to declare the said fittings to be forfeited to the crown, and no fittings seized under this section, shall be deemed to be forfeited to the crown, except under the sentence of one or the other of the said Courts.
15. Nothing in this section contained shall be deemed to affect any powers law- Powers of Police fully vested in a Superintendent or Inspector of Police.
16. Any suit or prosecution against any person for anything done in pursuance or execution or intended execution of this section shall be commenced within three months after the thing done and not otherwise.
Notice in writing of every such suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.
In any such action the defendant may answer that the act complained of was done in pursuance, or execution, or intended execution of this section, and give this section and the special matter in evidence at any trial to be had thereupon.
The plaintiff shall not recover if tender of sufficient amends is made before action brought, or if after action brought a sufficient sum of money is paid into Court by or on behalf of the defendant.
If judgment is given for the defendant, or the plaintiff becomes nonsuit, or dis- continues the action after an answer has been put in, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.
If judgment is given for the plaintiff, he shall not have costs against the defendant nnless the Judge before whom the trial is had certifies his approbation of the action.
authorities. [Ibid, sec. 18.]
Limitation of [id, sec. 19.]
actions, &c.
17. No proceeding shall be instituted for any offence against the provisions of this Prosecution to he section, or for any forfeiture thereunder, except at the suit or prosecution of, or with by Attorney the consent of the Attorney General.
Rules as to Chinese emigrant ships.
General. [Ibid, sec. 20.]
XV. In the construction of this section, if not inconsistent with the context, the Interpretation following terms and expressions shall have the meanings hereinafter respectively (Ordinance 5 of assigned to them, that is to say :—
44
Clause.
1873, sec. 2.]
Building," in relation to a ship, shall include the doing any act towards “Building.” or incidental to the construction of a ship, and all words having relation to building shall be construed accordingly;
G
Equipping," in relation to a ship, shall include the furnishing a ship “Equipping.” with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea, and all words relating to equipping shall be construed accordingly;
64
Ship and Equipment," shall include a ship and everything in or be- "Ship and Equip- longing to a ship.
2. (Repealed by Ord. 6 of 1879, sec. 2.)
ment." {Ibid, sec. 3.]
3. No person shall do any of the acts hereinafter specified in paragraph 8 of this Licence from section, without a licence from the Governor, or unless the owner, agent, or master of Governor. the ship in respect of which such act shall be done shall have obtained such licence.
[Ibid, sec. 4.]
[Ibid, sec. 5.]
4. Every such licence shall be under the hand of the Governor and the public seal Form and condi- of the Colony and the granting thereof shall be in the discretion of the Governor, and tons of licence. shall be subject to the payment of such fee to the crown, and to such conditions as may, in each particular case, be prescribed by the Governor in Council.
(As amended by Ordinance 6 of 1879, sec. III., cl. 2.)
for licence.
5. Application for such licence shall be made in writing to the Colonial Secretary, Mode of application and shall be transmitted through the Emigration Officer, and the owner, agent, or [id, sec. 6.] master of the ship in respect of which such licence is applied for, shall furnish all parti- culars as to the destination of the ship, and as to all matters relating to the intended voyage and emigration which may be required of him.
particulars.
6. All such particulars shall, if so ordered, be certified upon oath before any justice Punishment for of the peace, and every person who shall knowingly furnish untruc particulars shall be furnishing untru. liable to imprisonment with or without hard labour, for any period not exceeding six [Ibid, sec. 7.] calendar months, and to a fine not exceeding one hundred dollars, either in addition to or in substitution of such imprisonment.