THE HONGKONG GOVERNMENT GAZETTE, 3RD MAY, 1873.
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.
XXII. The Costs of all Proceedings for the Forfeiture or Release of a Ship, shall be in the Discretion of the Court.
Costa.
XXIII. If the Court be of Opinion that there was not reason- Indemnity. able and probable Cause for the Detention, and if no such Cause appear in the Course of the Proceedings, the Court shall have Power to declare that the Owner is to be indemnified by the Pay- ment of Costs and Damages in respect of the Detention, the Amount thereof to be assessed by the Court, and any Amount so assessed shall be payable by the Treasury out of the General Revenues of the Colony.
XXIV. Every Ship forfeited to Her Majesty for Breach of the Sale of forfeited Provisions of this Ordinance may be sold by Public Auction or Ship.
Private Contract, and may be transferred to the Purchaser by Bill of 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.
XXV. Subject to the Provisions of this Ordinance providing for Indemnity to the Award of Damages in certain Cases in respect of the Seizure Officers.
or Detention of a Ship by the Court, no Damages shall be pay- able, and no Officer shall be responsible, either civilly or crimi- nally, in respect of the Seizure or Detention of any Ship in pursuance of this Ordinance.
XXVI. No Proceedings, other than the Issue of a Warrant for Prosecution to the 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. Ordinance except at the Suit or Prosecution of, or with the Consent of the Attorney General.
XXVII. This Ordinance shall not come into Operation until Her Suspending Majesty's Confirmation thereof shall have been proclaimed in the Clause. Colony by the Governor.
(SCHEDULE.)
Form of Warrant under Section XI.
"THE CHINESE EMIGRANT SHIP ORDINANCE, 1873."
Hongkong
to wit.
Το
Whereas it has been shown to my Satisfaction that there is reasonable and probable Cause for believing that the Ship
now being within the Waters of this Colony, has been, or is being built, altered, repaired, or equipped, or is about to be despatched and taken out to sea contrary to the Provisions of the above Ordinance, and that an Offence has been com- mitted against the said Provisions rendering the said Ship liable to Forfeiture,- This is therefore tɔ Command you a Her Majesty's Name forthwith to seize the said Ship wherever she may be lying within the Waters of this Colony, and to search the said Ship and her Equipment, and to detain the same in your Charge and Custody until the Forfeiture or Release thereof, according to Law, for which this shall be your Warrant.
Given under my Hand and Seal at the Magistrates' Court of this Colony, this
Day of
in the ear of Our Lord, 187
The
L.S.
Police Magistrate.
Form of Citation under Section XV.
IN THE SUPREME COURT OF HONGKONG.
Day of
187
In re The “.
"
Take Notice that under and in pursuance of "The Chinese Emigrant Ship Ordinance, 1873," you are hereby cited to appear before the Supreme Court
the
Day of
to show Cause why the above-named Ship and her Equipment should not be forfeited to Her Majesty for Breach of the Provisions of the said Ordinance.
011
To the Owners of
the Ship ".
or their Agents,
""
209