CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ) 1081
may, in its discretion, receive evidence orally or by affidavit, or
partly orally and partly by affidavit, and may determine all
questions of fact as well as of law, or may , of its own motion ,
or on the application of either party, direct a jury to be empan
elled for the determination of any question of fact, may frame
issues of law and of fact, and generally inay exercise the same Issues.
powers and authorities as on the trial of any suit, cause, or
matter within its ordinary jurisdiction.
86. The Court may also, during or before the said proceed- Warrant to
ings, grant warrants for the entering and searching of any ship [ Ibid .)
or tenement within the jurisdiction , and the seizure of any
papers or documents which may be found therein respectively ,
or may summon any person to appear before the Court , and to
produce any papers and documents and may examine such
persons on oath touching the subject matter of the inquiry .
87. Whenever any person shall have been convicted before Evidence of .
the Supreme Court of an offence against sections 74 and 75 , the convictions
[ Ibid , subs.,
evidence taken upon the trial of such offender shall be received 16.)
in evidence in any proceedings instituted for the forfeiture or Regulations
release of the ship in respect of which such offence shall have ings proceed
as toagainst
been committed ; but it shall not be necessary to take proceed- the offender
ings against an offender because proceedings are instituted for and against
the forfeiture, or to takeproceedings for the forfeiture because
proceedings are taken against the offender.
88. The fact of a ship being apparently fitted and equipped, Burden of
or in course of being fitted and equipped within the waters of [proof
Ibid, subs.
the Colony for the conveyance of Chinese emigrants shall, if the 16.]
owner, agent or master shall not have obtained a licence from
the Governor as required by section 74 , or under section 6 of
this ordinance, be primâfacie evidence that such ship is intended
for the conveyance of Chinese emigrants to be embarked at
some port or place out of the Colony.
89. If on the hearing of the said proceedings for the forfeiture Release of
or release of a ship seized under section 80 , it shall be established Court.
> ship by the
to the satisfaction of the Court that the offence charged has not 17.]
[ Ibid. subs.
been committed in respect of such ship against the provisions
of section 74 rendering such ship liable to forfeiture, the ship
shall be released and restored to the owners thereof or their
agents .
90. If on the hearing of the proceedings , it shall be estab. Condemna
tion of ship.
lished to the satisfaction of the Court that the offence charged filbid: subs:
has been committed in respect of such ship rendering the same is.]
liable to forfeiture under section 80 , the Court shall declare such
ship to be forfeited to the Crown .