THE HONGKONG GOVERNMENT GAZETTE, 9TH MAY, 1874.
11. If any Person shall make or attempt to make any frau- Fraudulent dulent, Use of a Certificate granted under this Section, or shall Use of a forge, counterfeit, alter, or erase the Whole or any Part thereof, Certificate. or shall use or attempt to use any spurious or fraudulent Certifi- 14.1
[Ibid, Sec. cate, the Person so offending, and every Person aiding and abet- ting in such Offence, shall be liable to the Punishment hereinafter prescribed.
12. All Cases of Violation or Disobedience of, or Default in Trial of Compliance with the Provisions of this Section, may be heard Offences. and determined summarily by two Magistrates sitting together,
[Ibid,Sec.15.] who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, the Accused shall apply for a Trial by Jury, or the Magistrates shall be of Opinion that the Case ought to be sa tried, they may commit the Accused for Trial at the Supreme Court.
13. On Conviction of such Offences, the respective Offenders Punishments of shall be liable to the following Punishments:-
Offences.
(a.) For every Offence against Paragraphs 1, 2, 3, 8 and 9 [bid, Sec.16.]
of this Section, a Fine not exceeding Five hundred Dollars, and Imprisonment with or without Hard La- bor for any Term not exceeding Six Months, or either of such Punishments, at the Discretion of the Court. (b.) For every Offence against Paragraphs 10 and 11 of this Section, a Fine not exceeding One thousand Dollars, and Imprisonment with or without Hard Labor for any Term not exceeding One Year, or either of such Pu- nishments, at the Discretion of the Court.
Provided always that where a Fine shall be imposed for any Offence against Paragraphs 10 and 11, the Court may sentence the Offender, in Default of Payment of such Fine, to Impri- sonment with or without Hard Labor for any Term not exceeding One Year in lieu of such Fine, and such Imprisonment shall commence from the Expiration of any Term of Imprisonment to which the Offender may have been sentenced in addition to the Fine.
14. The Supreme Court and the said Court of Magistrates shall Proceedings have full Power and Authority to hear and determine all Ouses for Forfeiture
of Fittings. of Seizure of Fittings, and upon Proof of the Legality of the
[Ibid, Sec.17.] Seizure, to declare the said Fittings to be forfeited to the Crown, and no Fittings seized under this Section, shall be deerted to be forfeited to the Crown, except under the Sentence of one or the other of the said Courts.
15. Nothing in this Sestien om
Leemed to affect Powers of the Powers vested in a Superintendent or Inspector of Police Police by Section VII of Ordinance No. 14 of 1845.
Authorities. [Ibid, Sec.18.]
16. Any Suit, or Prosecution against any Person for any- Limitation of thing done in Pursuance or Execution or intended Execution of Actions, &c. this Section shall be commenced within Three Months after the [Ibid,Sec.19.} '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 suf- ficient 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 discontinues 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 unless the Judge before whom the Trial
is had certifies his Approbation of the Action.
17. No Proceeding shall be instituted for any Offence against Prosecution to the Provisions of this Section, or for any Forfeiture thereunder, be by Attorney except at the Suit or Prosecution of, or with 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 Interpretation with the Context, the following Terms and Expressions shall Clause. have the Meanings hereinafter respectively assigned to them, that [Ordinance 5
of 1873,Sec.2.]
is to say:
Building," in relation to a Ship, shall include the doing "Building.” any Act towards or incidental to the Construction of a Ship, and all Words having relation to building shall be con- strued accordingly;
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