1344 ORDINANCE No. 5 OF 1874 .
Chinese Emigration.
Proceedings for 14. The Supreme Court and the said Court of Magistrates shall have full power
forfeiture of
fittings. and authority to hear and determine all cases of seizure of fittings , and upon proof of
Ibid, sec. 17.J
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.
Powers of Police
authorities. 15. Nothing in this section contained shall be deemed to affect any powers lawfully
[Ibid, sec. 18.] vested in a Superintendent or Inspector of Police.
Limitation of
actions, &c. 16. Any suit, or prosecution against any person for anything done in pursuance
Thid, sec. 19.] 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 .
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 nousuit, 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.
Prosecution to 17. No proceeding shall be instituted for any offence against the provisions of
be by Attorney
General.
[Ibid, sec. 20.] this section, or for any forfeiture thereunder, except at the suit or prosecution of, or
with the consent of the Attorney General.
Rules as to Chinese emigrant ships.
Interpretation 15. In the construction of this section , if not inconsistent with the context, the
clause.
[Ordinance 5 following terms and expressions shall have the meanings hereinafter respectively
of 1873, sec. 2.]
-
assigned to them, that is to say :
* Building. " "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. " " 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 " Ship and Equipment, " shall include a ship and everything in or
Equipment."
Ibid, sec. 3. belonging to a ship.