D. 1899.]
MERCHANT SHIPPING.
[No. 10.
paid by
509
(22.) Every junk the master of which is charged with having violated the provisions of this section may be forthwith arrested and detained, unless bail, to the satisfaction of a Stipendiary Magistrate, is given, until the said master has either been acquitted of the offence charged or, if found guilty, has paid the penalty inflicted upon him, and in case he fails to pay, within ten days, any penalty which may be inflicted upon him, the same may be recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such penalty as aforesaid, shall be paid to the owner or owners of the junk, if claimed within twelve months from the date of sale, and, if not claimed within that period, shall be forfeited to the Crown: Provided that, in case it is brought to the knowledge of the Magistrate that there is in the Colony any consignee or agent of such junk, no sale thereof shall be made in pursuance of this sub-section until three days' previous notice thereof has been given in writing to such consignee or agent.
(23.) Every junk forfeited or sold under the provisions of this section shall be transferred to the purchaser thereof, at his expense, by a bill of sale from the Harbour Master, and such bill of sale shall confer upon such purchaser, his executors, administrators, and assigns, an absolute title to such junk.
offences under
S. 39.
(24.) No junk or cargo liable to forfeiture under the provisions of this section shall be so forfeited unless the offence in respect of which such junk or cargo is liable to forfeiture is tried by two Stipendiary Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.
Making of
rules and regulations, fixing of fees,
etc.
(25.) The Governor-in-Council is hereby empowered to make such rules and regulations as to him may seem fit for the proper carrying out of the provisions of this section, and also from time to time to fix and vary the fees payable by junks, and to prescribe the forms of all licences, passes, clearances, and permits under this section and the conditions of using the same, and to provide adequate means for preventing, by force, when necessary, any junk from leaving the waters of the Colony, or any port thereof, or any anchorage for junks, in violation of any provision of this section. Unless and until other fees are fixed by the Governor-in-Council, the fees mentioned in Table T of the Schedule to this Ordinance shall be deemed to be the prescribed fees.
(26) Every master of a junk who violates, or refuses or fails to comply with, the provisions of sub-section (4.) or sub-section (5) of this section shall be liable to a penalty not exceeding one hundred dollars or imprisonment, with or without hard labour, for any term not exceeding one month.
Table T.-
Penalty on master of junk for infraction of sub-s. (4.) or sub-s. (5.)