Trial of offences.
ORDINANCE No. 5 of 1874.
Chinese Emigration.
ting in such offence, shall be liable to the punishment hereinafter prescribed.
12. All cases of violation or disobedience of, or default in compliance with the provisions of this section, may be heard [Ibid, sec. 15.] and determined summarily by two Magistrates sitting together, who shall constitute a Court for this purpose: Provided that if at the close of the investigation, the accused shall apply for a trial by jury, or the Magistrates shall be of opinion that the case ought to be so tried, they may commit the accused for trial at the Supreme Court.
Punishments of offences.
[Ibid, sec. 16.]
Proceedings for forfeiture of fittings. [Ibid, sec. 17.]
13. On conviction of such offences, the respective offenders shall be liable to the following punishments -
(a.) For every offence against paragraphs 1, 2, 3, 8 and 9 of this section, a fine not exceeding five hundred dollars, and imprisonment with or without hard labour for any term not exceeding six months, or either of such punishments, at the discretion of the Court.
(b.) For every offence against paragraphs 10 and 11 of this section, a fine not exceeding one thousand dollars, and imprisonment with or without hard labour 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 paragraphs 10 and 11, the Court may sentence the offender, in default of payment of such fine, to imprisonment with or without hard labour for any term not exceeding one year in lieu of such fine, and such imprisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sentenced in addition to the fine.
Powers of Police authorities. [Ibid, sec. 18.] Limitation of actions, &c. [Ibid, sec. 19.]
14. The Supreme Court and the said Court of Magistrates shall have full power and authority to hear and determine all cases of seizure of fittings, and upon proof of the legality of the seizure, to declare the said fittings to be forfeited to the Crown, and no fittings seized under this section, shall be deemed to be forfeited to the Crown, except under the sentence of one or the other of the said Courts.
15. Nothing in this section contained shall be deemed to affect any powers lawfully vested in a Superintendent or Inspector of Police.
16. Any suit or prosecution against any person for anything done in pursuance or execution or intended execution of this section shall be commenced within three months after the thing done and not otherwise.
Notice in writing of every such suit 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 answer that the act complained of was done in pursuance, or execution, or intended execution of this section, and give this section and the special matter in evidence at any trial to be had thereupon.
ORDINANCE No. 5 of 1874.
Chinese Emigration.
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 an answer has been put in, 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.
17. No proceeding shall be instituted for any offence against the provisions of this section, or for any forfeiture thereunder, except at the suit or prosecution of, or with the consent of the Attorney General.
[Ibid, sec. 20.]
is to say
Rules as to Chinese emigrant ships.
XV. In the construction of this section, if not inconsistent with the context, the following terms and expressions shall have the meanings hereinafter respectively assigned to them, that is to say
Ordinance 5 of 1873, sec. 2.] "Building," in relation to a ship, shall include the doing any act towards or incidental to the construction of a ship, and all words having relation to building shall be construed accordingly;
"Equipping," in relation to a ship, shall include the furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting or adapting her for the sea, and all words relating to equipping shall be construed accordingly;
"Ship and Equipment," shall include a ship and every thing in or belonging to a ship.
Equipment." [Ibid, sec. 3.] 9. No Chinese emigrant ship shall clear out or proceed to sea from this Colony unless the master of such ship shall be provided with a licence under this section.
3. No person shall do any of the acts hereinafter specified in paragraph 8 of this section, without a licence from the Governor, or unless the owner, agent, or master of the ship in respect of which such act shall be done shall have obtained such licence.
4. Every such licence shall be under the hand of the Governor and the public seal of the Colony and the granting thereof shall be in the discretion of the Governor, and shall be subject to the payment of such fee to the Crown, and to such conditions as may, in each particular case, be prescribed by the Governor in Council.
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