1324 ORDINANCE No. 3 OF 1874.
Chinese Emigration .
Evidence of 15. Whenever any person shall have been convicted before the Supreme Court of
convictions.
[Ibid, sec. 17.] an offence against this section, the evidence taken upon the trial of such offender shall
Regulations as be received in evidence in any proceedings instituted for the forfeiture or release of
to proceedings
against the the ship in respect of which such offence shall have been committed ; but it shall not
offender and
against the ship. be necessary to take proceedings against an offender because proceedings are instituted
for the forfeiture, or to take proceedings for the forfeiture because proceedings are
taken against the offender.
Burden of proof. 16. The fact of a ship being apparently fitted and equipped , or in course of being
[Ibid, sec. 18.3
fitted and equipped within the waters of the Colony for the conveyance of Chinese
emigrants shall, if the owner, agent, or master shall not have obtained a licence from
the Governor under this section , or under section 5 of this Ordinance, be primâ facie
evidence that such ship is intended for the conveyance of Chinese emigrants to be
embarked at some port or place out of the Colony.
Release of ship 17. If on the hearing of the said proceedings for the forfeiture or release of a ship
by the Court.
[Ord. 5 of 1873. seized under this section , it shall be established to the satisfaction of the Court that
sec. 19, and Ord.
10 of 1873, sec. 1.] the offence charged has not been committed in respect of such ship against the pro
visions of this section rendering such ship liable to forfeiture, the ship shall be released
and restored to the owners thereof or their agents.
Condemnation 18. If on the hearing of the proceedings , it shall be established to the satisfaction
. ofship.
Ord. 5 of 1873, of the Court that the offence charged has been committed in respect of such ship
sec. 20, & Ord. 10
of 1873, sec. 2.] rendering the same liable to forfeiture under this section, the Court shall declare such
ship to be forfeited to the Crown .
Penalty in lieu 19. It shall be lawful for the Court to impose such a pecuniary penalty as to the
offorfeiture.
[Ord. 5 of 1873, Court shall seem fit, in lieu of condemning the ship, and in such case to cause the ship
sec. 21.]
to be detained until the penalty is paid, and to cause any penalty so imposed to be
applied in the same manner in which the proceeds of the said ship, if condemned by
order of the Court and sold, would have been applicable.
Costs. 20. The costs of all proceedings for the forfeiture or release of a ship, shall be in
[Ibid, sec. 22.]
the discretion of the Court.
Indemnity. 21. If the Court be of opinion that there was not reasonable and probable cause
Ubid, sec. 23.]
for the seizure or detention, and if no such cause appear in the course of the proceedings ,
the Court shall have power to declare that the owner is to be indemnified by the pay
ment of costs and damages in respect of the seizure or detention , the amount thereof
to be assessed by the Court, and any amount so assessed shall be payable by the
Treasury out of the general revenues of the Colony.
Sale of forfeited 22. Every ship forfeited to the Crown for breach of the provisions of this section
ship.
[Ibid, sec. 24.) may be sold by public auction or private contract, and may be transferred to the pur
chaser by bill of sale under the hand of the Governor, and the seal of the Colony, and
the net proceeds of such sale shall be paid into the Colonial Treasury for the use of the
Crown.