Mode of entering perfiithers .
Aimander
Chinese Passenger Ships-
XII. Any Ship that may become forfeited under this Act may be seized at any Time within Three Years from the Commission of the Offence by which such Forfeiture shall have accrued, by any such Captain Officer, or British Consul as aforesaid, and may thereupon be dealt with in the same Manner as if she had been seized as forfeited under any Act of Parliament for the Abolition or Suppression of the Slave Trade.
XIII. It shall be lawful for Five may be substituted seizures prosecuted in the United Kingdom, or for fer forflition in the Case of in the Case of Seizures prosecuted in the Territories under the Government of the East India Company, or in the Case of Seizures prosecuted in any British Colony for the Governor of such Colony, on the Recommendation of the Court in which such Prosecution shall be had, and on Payment of such a pecuniary Penalty as to the same Court shall seem fit, to remit any Forfeiture incurred under this Act.
Benalties how recovered. XIV. All Penalties imposed by this Act may be recovered by the like Process and before the same Courts as if such Penalties had been imposed by any Act of Parliament for the Abolition or Suppression of the Slave Trade.
XV. The net Proceeds of all Forfeitures and Penalties incurred under this Act shall, after deducting the Cost of Prosecution from the gross Amount thereof, be paid to the Party suing for the same, for the Use of Her Majesty, Her Heirs and Successors; and if recovered in the Colonies, shall by him be paid over into the Colonial Treasury, and shall form Part of the general Revenue of the Colony; and if recovered in any of the Territories under the Government of the East India Company, shall be so paid over and appropriated; and if recovered in the United Kingdom, shall be so paid over and appropriated in such manner as the Lords Commissioners of Her Majesty's Treasury may from Time to Time direct: Provided always, that it shall be lawful for the Court adjudicating in respect of any such Forfeiture or Penalty to direct that a Part, not exceeding a Moiety of such net Proceeds as aforesaid, shall be applied to compensate any Passenger for any Wrong or Damage which he may have sustained from the Persons by whose Acts or Defaults such Penalty or Forfeiture shall have been incurred; and also, in case of Seizures made at Sea by the Commanders of Her Majesty's Ships of War, to direct that a Part, not exceeding One Moiety of the Remainder of such net Proceeds, shall be paid to such Commanders, to be distributed in such Manner as may for the Time being be prescribed by the proper Authority in the Case of Seizures made in pursuance of any Act for the Abolition or Suppression of the Slave Trade.
Chinese Passenger Ships.
Page 336
XVI. In any legal Proceeding taken under or in respect of the Bond herein-before required any Document purporting to be the written Declaration of any British Consul, or of the Commander of any of Her Majesty's Ships of War, or to be a Copy of the Proceedings of any Court of Justice, and in any legal Proceedings under this Act, any Document purporting to be the written Declaration of such British Consul, or to be such Copy as aforesaid, shall, without any Proof of Signature, be receivable as primâ facie Evidence of the Facts therein stated, in case it shall appear that such Copy or Declaration, if produced in the United Kingdom, was officially transmitted to One of Her Majesty's Principal Secretaries of State, or, if produced in any Colony, was officially transmitted to the Governor thereof.
XVII. This Act may be cited for any Purpose whatever under the Name of the "Chinese Passengers Act, 1855."
XVIII. This Act shall come into operation as soon as it shall have been proclaimed in Hong Kong by the Governor thereof, or if not so proclaimed on the ensuing day at ...
Short title.
Commencement of Act.
(0.89.)
SCHE.
f
Mode of entering perfithers .
Aimander
Chinese Passenger Ships-
XII. Any Ship that may become forfeited under this Act
be may seized at any Time within Three Years from the Commission of the Offence by which such Forfeiture shall have accrued, by any such Captain Officer, or British Consul as aforesaid, and may thereupon be dealt with in the same Manner as if she had been seized as for- 5 fixed art feited under any Act of Parliament for the Abolition or Suppression fe passed()
of the Slave Trade.
XIII. It shall be lawful for
Five may be substituted seizures prosecuted in the United Kingdom, or for
fer forflition
in the Case of
in the Case of Seizures prosecuted in the Territories under the 10 Government of the East India Company, or in the Case of Seizures prosecuted in any British Colony for the Governor of such Colony, on the Recommendation of the Court in which such Prosecution shall be had, and on Payment of such a pecuniary Penalty as to the same Court shall seem fit, to remit any Forfeiture incurred under this 15 Act.
Benalties how recovered. XIV. All Penalties imposed by this Act may be recovered by the
like Process and before the same Courts as if such Penalties had passed or b been imposed by any Act of Parliament for the Abolition or Sup- 20 & feed in pression of the Slave Trade.
XV. The net Proceeds of all Forfeitures and Penalties incurred
Procurs of forfeiture and pronathes funalties how disposed of under this Act shall, after deducting the Cost of Prosecution from
Writabl
the gross Amount thereof, be paid to the Party suing for the same, for the Use of Her Majesty, Her Ileirs and Successors; and if 25 recovered in the Colonies, shall by him be paid over into the Colo- nial Treasury, and shall form Part of the general Revenue of the Colony; and if recovered in any of the Territories under the Government of the East India Company, shall be so paid over and appropriated
; and 30 if recovered in the United Kingdom, shall be so paid over and appropriated in such manner as the
to
to
Lords Commissioners of Her Majesty's Treasury may from Time to Time direct: Provided always, that it shall be lawful for the Court adjudicating in respect of any such Forfeiture or Penalty to 35 direct that a Part, not exceeding a Moiety of such net Proceeds as aforesaid, shall be applied to compensate any Passenger for any Wrong or Damage which he may have sustained from the Persons by whose Acts or Defaults such Penalty or Forfeiture shall have been incurred; and also, in case of Seizures made at Sea by the Com- 40 manders of Her Majesty's Ships of War, to direct that a Part, not exceeding One Moiety of the Remainder of such net Proceeds, shall be paid to such Commanders, to be distributed in such Manner as
Chinese Passenger Ships.
5
may for the Time being be prescribed by the proper Authority in the Case of Seizures made in pursuance of any Act for the Abolition or Suppression of the Slave Trade.
336
Written
XVI. In any legal Proceeding taken under or in respect of the Willen duterations. 5 Bond herein-before required any Document purporting to be the of Commanders fr
(prima facie evidence.
written Declaration of any British Consul, or of the Commander of any of Her Majesty's Ships of War, or to be a Copy of the Pro- ceedings of any Court of Justice, and in any legal Proceedings under this Act, any Document purporting to be the written Declaration of 10 such British Consul, or to be such Copy as aforesaid, shall, without any Proof of Signature, be receivable/as primâ facie Evidence of the Facts therein stated, in case it shall appear that such Copy or Declaration, if produced in the United Kingdom, was officially transmitted to One of Her Majesty's Principal Secretaries of State, or, 15 if produced in any Colony, was officially transmitted to the Governor
thereof.
XVII. This Act may be cited for any Purpose whatever under the Name of the "Chinese Passengers Act, 1855."
کم الحمد
XVIII. This Met shall come inte operation: as soon as it shall have " been preeclaimed in Hong Kong by the Governer thourf or if mot
or if not so proclaimed
on the
ensuing.
day at
کو
edf
Short title.
Commuomment of act
may
(0.89.)
B
SCHE.
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