1
THE HONGKONG GOVERNMENT GAZETTE, 11TH APRIL, 1874.
20. It shall be lawful for the Court to impose such a pecuniary Penalty in lieu Penalty as to the Court shall seem fit, in lieu of condemning the of Forfeiture. Ship, and in such Case to cause the Ship to be detained until the [Ibid,Sec.21.] | 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 by Order of the Court and sold, would have been applicable.
21. The Costs of all Proceedings for the Forfeiture or Release Costs. of a Ship, shall be in the Discretion of the Court.
[Ibid,Sec.22.]
22. If the Court be of Opinion that there was not reasonable Indemnity. and probable Cause for the Seizure or Detention, and if no such [Ibid, Sec.23.] Cause appear in the Course of the Proceedings, the Court shall have Power to declare that the Owner is to be indemnified by the Payment of Costs and Damages in respect of the Seizure or Detention, the Amount thereof to be assessed by the Court, and any Amount so annexed shall be payable by the Treasury out of the General Revenues of the Colony.
23. Every Ship forfeited to the Crown for Breach of the Pro- Sale of forfeited visions of this Section may be sold by public Auction or private Ship
Contract, and may be transferred to the Purchaser by Bill of [Ibid, Sec.24.] Sale under the Hand of the Governor, and the Seal of the Colony,
and the net Proceeds of such Sale shall be paid into the Colonial
Treasury for the Use of the Crown.
!
24. Subject to the Provisions of this Section providing for the Indemnity to Award of Damages in certain Cases in respect of the Seizure or Officers. Detention of a Ship by the Court, no Damages shall be payable, [Ibid,Sec.25.]
and no Magistrate, Public Officer, or other Person acting under his Orders or at his Request, shall be responsible, either civilly
or criminally, in respect of the Seizure or Detention of any Ship in pursuance of this Section.
25. No Proceedings, other than the Issue of a Warrant for the Prosecution' to Seizure of a Ship, or for the Apprehension of an Offender, shall be by Attorney be instituted for any Offence against the Provisions of this General. Section, except at the Suit of Prosecution of, or with the Consent [Ibid,Sec.26.] of the Attorney General.
Repealing Clarise.
XVI. The following Ordinances and Sections of Ordinances Repealing are hereby repealed
Ordinance 9 of 1856,.
Clause.
183
Section III.
11 of 1857,
"
""
6 of 1859,.
.The whole. .Ibid.
99
1 of 1862,.
12 of 1868,
""}
4 of 1870,
.Section XXVII.
.The whole.
.Ibid.
8 of 1871
.Ibid.
12 of 1872,
.Ibid.
>>
3 of 1873,
.Ibid.
""
5 of 1873,
.Ibid.
10 of 1873,.
.Ibid.
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But this repeal shall not affect :-
(1.) Anything duly done before this Ordinance comes into
Operation;
(2.) Any Right acquired or Liability accrued before this
Ordinance comes into operation;
(3.) Any Penalty, Forfeiture, or other Punishment incurred.
or to be incurred in respect of any Offence committed before this Ordinance comes into Operation;
(4.) The Institution of any Legal Proceeding, or any other Remedy for ascertaining, enforcing or recovering any such Liability, Penalty, Forfeiture or Punishment as aforesaid.
XVII. This Ordinance shall not come into Operation until Suspending Her Majesty's Confirmation thereof shall have been proclaimed Clause. by the Governor in the Colony.
SCHEDULES. (A.)
Form of Emigration Passage Broker's Annual Bond, with Two Sureties to
be approved by the Emigration Officer.
KNOW ALL MEN by these presents, that we A*
of, &c., and E
B
F
of, &c., C
D
of, &c., are held and firmly bound unto Her Most Gracious Majesty Queen Victoria, in the Sum of Five Thousand current Dollars, to be paid to Her said Majesty, Her Heirs and Successors; to which payment well and truly to be made we bind ourselves, and every of us jointly and severally, our Heirs, Executors, and Administrators, and the Heirs, Executors, and Administra- tors of each of us, and each and every of them, firmly by these presents, sealed with our Seals.
Day of
in the Year One Thousand
Dated this Eight Hundred and WHEREAS by the "Chinese Emigration Consolidation Ordinance, 1874,” it is amongst other Things enacted; that no Person whater shall carry on the Business of a Passage Broker in Hongkong, in respect of any Emigrant Ship, or shall be in anywise concerned in the sale or letting of Passages in any such Ship, unless such Person, with two good and sufficient Sureties to be approved of by the Emigration Officer, shall have previously entered into a joint and several