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Nature of bond required.
Form of bond.
Procedure in case of invalid surety,
Suminons 10 obligors in
ease of breach,
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6. The bond hereinbefore referred to shall be entered into by the owners agents charterers or licensees with two sureties approved by the Captain Superintendent of Police and shall in the case of a launch be in the sum of one thousand dollars and in the case of a ship be in the sum of five thousand dollars and shall be conditioned for the observance by the said owners agents charterers or licensees and their servants and employees and any person to whom the said launch or ship may be leased or chartered and the master crew and staff of the said launch or ship of all the regulations for the time being in force under this Ordi-
lance.
7. The said bond may be in the form set forth in the Schedule to this Ordinance with such alterations omissions and additions if any as may be necessary.
8.--(1.) If at any time either of the suretics to any such bond shall in the opinion of the Captain Superinten- dent of Police become or be not a proper person to be a surety to such bond it shall be lawful for the Captain Superintendent of Police to give notice in writing to the owners agents charterers or licensees that such is his opinion and on the expiration of seven days from the service of such notice the said hond shall for the purposes of section 3 of this Ordinance be deemed to be no longer subsisting and valid.
(2.) Any such notice may be served either personally or by delivery thereof to some adult at the last known address of the said owners agents charterers or licensees or by registered letter addressed to the said owners agents charterers or licensees at the said address.
9. In any case in which it is alleged that a breach has occurred of the conditions of any bond entered into in pursuance of the provisions of this Ordinance it shall be lawful for a magistrate on the application of the Captain Superintendent of l'olice to issue a summons calling upon the persons by whom the bond was entered into to shew cause why the sum secured by the said bond should not be forfeited: Provided that nothing in this section shall be deemed to affect any other means of enforcing the said bond.
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10. On the hearing of such summons the magistrate shall first receive such evidence as may be offered on behalf of the Captain Superintendent of Police and then such evidence if any as may be offered on behalf of the defendants and if after hearing the whole of such evidence he is of opinion that any breach has occurred of the condi- tion of the bond he shall, subject to the proviso in section 11 of this Ordinance, declare the sum secured by the bond to be forfeited.
11. It shall be lawful for a magistrate to proceed to hear and determine any such summons in the absence of one or more of the defendants whether such defendant shall have been served with the said summons or not: Provided that no declaration of forfeiture shall be made as against any person who shall not have been served with the said
summons.
12. With reference to any such summons a magistrate shall have as full powers as he shall have with reference to any other matter over which he has jurisdiction.
Forfeiture of sup
secured by bond.
Hearing in the absence of defendant nut
served.
General powers of magistrate.
Powers of
magistrate with reference to recovery of penal sum declared to
13. With reference to the recovery of the sum so declared to be forfeited a magistrate shall have as full powers as he shall have with reference to the recovery of any fine or other sum of money which he shall have juris- be forfeiter. diction to impose or order to be paid.
14. Without prejudice to any other method of proof,
a launch or ship shall be deemed to have left or to have attempted to leave the waters of the Colony on the voyage to any particular port or place if information that it was about to leave on such a voyage shall have been given by or on behalf of the master owner agents charterers or licensees upon application for any permission necessary for enabling the said launch or ship to leave the waters of the Colony or a port in the Colony, and a launch or ship shall be deemed to have left the waters of the Colony on a voyage to any particular port or place if it shall have called or touched at such port or place at any time within ten days after leaving the waters of the Colony.
15.-(1.) Every police officer, and every guard and watchman within the meaning of the regulations for the time being in force under this Ordinance, shall have power to search any launch or ship to which this Ordinance
Launch or ships in certain cases to be deemed have left, etc., on voyage to a particular place.
Powers of search.
I