CO129-169 - Others - 1874 — Page 642

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Petition to Court.

ORDINANCE No. 3 OF 1874.

Chinese Emigration.

12. The Owner of the Ship seized and detained under this Section, or his Agent, may apply by Petition to the Supreme [Ibid,Sec.14.] Court for its Release.

Citation of Owners.

13. The Crown Solicitor shall, upon the Seizure of any Ship as aforesaid, cite the Owners or their Agents in the Colony by a [Ibid, Sec.15.] Notice which may be in the Form contained in Schedule K to this Ordinance, to appear before the Supreme Court to show Cause why the said Ship should not be condemned and forfeited to the Crown for Breach of the Provisions of this Section, and in Case there shall be no Owner of the said Ship in the Colony, nor any Agent of such Owner, the said Notice shall be published twice in the Gazette, and such Publication shall be equivalent to personal Service of the Citation.

Proceedings thereon.

14. On the Day appointed for the Hearing of any Petition for the Release of the Ship, or for the Appearance of the Owners or [Ibid, Sec.16.] their Agents in the Colony in obedience to a Citation to show Cause why the same should not be forfeited, the Court shall proceed to enquire into the Matter and to make such Orders as may be necessary to put the Matter of the Seizure and Detention of the Ship in course of Trial between the Owner and the Crown. The Court may, if it shall think fit, direct a written Statement or Answer or any additional Pleading to be filed, and 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 empanelled for the Determination of any Question of Fact.

Evidence of

The Court may frame Issues of Law and of Fact, and generally may exercise the same Powers and Authorities as on the Trial of any other Suit, Cause, or Matter, within its ordinary Jurisdiction. The Court may also, during or before the said Proceedings, grant Warrants for the entering and searching of any Ship 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 pro- duce any Papers and Documents and may interrogate such Per- sons on Oath touching the Subject Matter of the Inquiry.

15. Whenever any Person shall have been convicted before Convictions, the Supreme Court of an Offence against this Section, the Evidence [Ibid,Sec.17.] taken upon the Trial of such Offender shall be received in Evid- Regulations as ence in any Proceedings instituted for the Forfeiture or Release to Proceedings of the Ship in respect of which such Offence shall have been against the Offender and committed; but it shall not 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.

against the Ship.

Burden of Proof,

16. The Fact of a Ship being apparently fitted and equipped, or in course of being fitted and equipped within the Waters of [Ibid, Sec.18.] the Colony for the Conveyance of Chinese Emigrants shall, if the Owner, Agent, or Master shall not have obtained a License from the Governor under this Section, or under Section V of this

ORDINANCE No. 3 or 1874.

Chinese Emigration.

Ordinance, be primâ fucie Evidence that such Ship is intended for the Conveyance of Chinese Emigrants to be embarked at some Port or Place out of the Colony.

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17. If on the Hearing of the said Proceedings for the Forfeiture Release of Ship or Release of a Ship seized under this Section, it shall be esta- by the Court,

[Ord, 5 of blished to the Satisfaction of the Court that the Offence charged 1873, Sec. 19, has not been committed in respect of such Ship against the Pro- and Ord. 10 of visions of this Section rendering such Ship liable to Forfeiture, 1873, Sec. 1.] the Ship shall be released and restored to the Owners thereof or their Agents.

18. If on the Hearing of the Proceedings, it shall be es- Condemnation tablished to the Satisfaction of the Court that the Offence of Ship.

[Ord. 5 of charged has been committed in respect of such Ship rendering 1873, Sec. 20, the same liable to Forfeiture under this Section, 'the Court shall & Ord. 10 of

1873, Sec. 2.] declare such Ship to be forfeited to the Crown.

19. It shall be lawful for the Court to impose such a pecuniary Penalty in lieu Penalty as to the Court shall seem fit, in lieu of condemning the of Forfeiture. Ship, and in such Case to cause the Ship to be detained until the Ord. 5 of

1873, Sec. 21.] 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 con- demned by Order of the Court and sold, would have been applicable.

Costs. 20. The Costs of all Proceedings for the Forfeiture or Release

[Ibid, Sec.22.] of a Ship, shall be in the Discretion of the Court.

21. If the Court be of Opinion that there was not reasonable Indemnity.

[Ibid,Sec.23.] and probable Cause 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 to be indemnified by the Payment 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.

22. Every Ship forfeited to the Crown for Breach of the Pro- Sale of forfeited visions of this Section may be sold by public Auction or private Ship, Contract, and may be transferred to the Purchaser by Bill of (Ibid, Sec.24.] 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.

23. The Governor may, at any Time, release any Ship seized Release of Ship and detained under this Section, notwithstanding her Forfeiture by Governor,

[Ibid,Sec.13.] by the Sentence of the Supreme Court, on the Owner or Agent giving Security to the Satisfaction of the Governor that the Ship shall not be employed contrary to this Section, or may release the Ship without such Security if the Governor think fit so to

release the same.

Officers.

24. Subject to the Provisions of this Section providing for the Indemnity to Award of Damages in certain Cases in respect of the Seizure or Detention of a Ship by the Court, no Damages shall be payable, [Ibid,Sec.25.] and no Public Officer, or other Person acting under his Order

or

at his Request, shall be responsible, either civilly or criminally, in respect of the Seizure or Detention of any Ships in pursuance of this Section.

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