ORDINANCE No. 5 OF 1873.
Chinese Emigrant Ships.
(4.) Holds or takes any share or interest in, or makes any advances to any ship, or becomes security for such advances, with money intent or knowledge, or having reasonable cause to believe that the same shall or will be employed in manner aforesaid; or
(5.) Despatches or causes or allows to be despatched, or commands or serves on board any ship carrying Chinese passengers, with the intent or knowledge, or having reasonable cause to believe that such passengers are being carried or intended to be carried to any port or place out of the Colony for the purpose of being conveyed therefrom as emigrants in the same or any other ship; or
(6.) Being the master of a Chinese emigrant ship clears out and proceeds to sea in such ship,
Such person shall be deemed to have committed an offence against this Ordinance, and the following consequences shall ensue:
(1.) The offender shall be liable to imprisonment with or without hard labor for any term not exceeding two years, and to a fine not exceeding two thousand dollars, or to either of such punishments at the discretion of the Court;
(2.) The ship in respect of which any such offence is committed and her equipment shall, if within the waters of this Colony, be forfeited to the Crown.
10. Any person who aids, abets, counsels, or procures the commission of any offence against this Ordinance, shall be liable to be tried and punished as a principal offender.
11. Any Police Magistrate upon being satisfied by information on oath that there is reasonable and probable cause for believing that a ship within the waters of the 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 this Ordinance, or that any other offence against the said provisions has been committed, rendering the said ship liable to forfeiture, may issue a warrant stating that there is reasonable and probable cause for believing as aforesaid, and upon such warrant, the said ship may be seized and searched and detained until it has been either condemned or released by process of law, or in the manner hereinafter mentioned. Every such warrant may be in the form contained in the schedule to this Ordinance.
12. Any officer so authorized to seize, search and detain any ship under this Ordinance may, for the purpose of enforcing such seizure, search and detention, call to his aid any constable or officers of Police, and may apply for assistance to any of Her Majesty's army or navy, or marines, or to the Harbor Master, or any officer having authority by law to make seizures of ships, and may put any persons on board such ship to take charge of the same, and to enforce the provisions of this Ordinance.
Penalty.
1165
Punishment of accessories.
Seizure, search, and detention of suspected ships.
Form of warrant.
Powers of officers authorized to seize ships.