No. 78.
THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.
without hard Labor for any Term not exceeding Six Months, or either of such Punishments, at the Discre- tion of the Court.
2. For every Offence against Sections XIII and XIV, a Fine not exceeding $1,000, and Imprisonment with or with- out hard Labor for any Term not exceeding One Year, .or either of such Punishments, at the Discretion of the
Court.
Provided always that where a Fine shall be imposed for any Offence against Sections XIII or XIV, the Court may sentence the Offender in Default of Payment of such Fine, to Imprisonment with or without hard Labor for any Term not exceeding One Year in lieu of such Fine, and such Imprisonment shall cominence from the Expiration of any Term of Imprisonment, to which the Offender may have been sentenced in addition to the Fine.
XVII. The Supreme Court and the said Court of Magistrates Proceedings shall have full Power and Authority to hear and determine all for Forfeiture Cases of Seizure of Fittings, and upon Proof of the Legality of the of Fittings. Seizure, to declare the said Fittings to be forfeited to the Crown,
and no Fittings seized under this Ordinance, shall be deemed to be forfeited to the Crown, except under the Sentence of one or the other of the said Courts.
XVIII. Nothing herein contained shall be deemed to affect the Powers of Powers vested in the Superintendent and Inspectors of Police by Police Section VII of Ordinance No. 14 of 1845.
Authorities.
XIX. Any Action, or Prosecution against any Person for Limitation of anything done in Pursuance or Execution or intended Execution Actions, &c. of this Ordinance shall be commenced within Three Months after
the Thing done and not otherwise.
Notice in Writing of every such Action 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 plead generally, or set up by way of special Defence that the Act complained of was done in Pursuance or Execution or intended Execution of this Ordinance and give this Ordinance and the special Matter in Evi- dence 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 discontinues the action after Issue joined, or if on Demurrer or otherwise Judgment is given against the Plaintiff, 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.
XX. No Proceedings shall be instituted for any Offence against Prosecution to the Provisions of this Ordinance, or for any Forfeiture thereunder, be by Attorney except at the Suit or Prosecution of, or with the Consent of the Attorney General.
Passed the Legislative Council of Hongkong, this 24th Day of April, 1873.
General.
L. D'ALMADA E CASTRO,
Clerk of Councils.
SCHEDULE.
Emigration Officer's Certificate under "the Chinese Emigrant
Ship Fittings Ordinance, 1873."
I (A. B.), Emigration Officer of Ilongkong, do hereby Certify, that I have inspected the Fittings of the
Ship" is Master, bound for are no Prohibited or Objectionable Fittings on board,
Dated at Hongkong, the
Day of
J
"of which and that there
A. B.
187
205
GOVERNMENT NOTIFICATION,
The following Draft Bill, as amended in Committee by the Legislative Council, is published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 3rd May, 1873.
CECIL C. SMITH, Acting Colonial Secretary.