430
No. 1 of 1889.
Indemnity of owner of ship. Sale of forfeited ship. Release of ship by Governor. Indemnity to officer seizing or detaining ship. Prosecution to be by Attorney General. Unlawful detention. CHINESE EMIGRATION.
102.-(1) If the Court is of opinion that there was not reasonable and probable cause for the seizure or detention of a ship, and if no such cause appears in the course of the proceedings, the Court shall have power to declare that the owner is to be indemnified by the payment of damages and costs in respect of the seizure or detention, the amount thereof to be assessed by the Court.
(2) Any amount so assessed shall be payable out of the general revenues of the Colony.
103. Every ship forfeited for breach of the provisions of section 83 may be sold by public auction or private contract, and may be transferred to the purchaser by bill of sale under the hand of the Governor and the public seal.
104. The Governor may at any time release any ship seized and detained under section 69, notwithstanding her forfeiture by the sentence of the Supreme Court, on the owner or agent giving security, to the satisfaction of the Governor, that the ship shall not be employed contrary to section 83, or he may, if he thinks fit, release the ship without such security.
105. Subject to the provisions of section 102, no damages shall be payable, and no public officer or other person acting under his order or at his request shall be responsible, either civilly or criminally, in respect of the seizure or detention of any ship in pursuance of section 89.
106. No proceedings, other than the issue of a warrant for the seizure of a ship or for the apprehension of an offender, shall be instituted for any offence against the provisions of section 83 or section 84, except at the suit or prosecution or with the consent of the Attorney General.
PART III. MISCELLANEOUS PROVISIONS.
107. Every person who, by force, intimidation, or fraud, imprisons or detains any man or boy within the Colony, for the purpose of emigration or for any other purpose whatsoever, shall be guilty of a misdemeanor.
* As amended by No. 62 of 1911.
+ As amended by No. 62 of 1911 and No. 63 of 1911.
§ As amended by No. 63 of 1911.