Breach of condition of licence.
Application of penalty for breach of this Ordinance recoverable under "The Chinese Passengers' Act, 1855." [Ibid, sec. 10.]
ORDINANCE No. 5 of 1874.
Chinese Emigration.
(b) If any Chinese passenger ship shall fail to clear out and proceed to sea, within the period specified in the licence granted under this section, or within such extended period as aforesaid;
(e.) If the owners or charterers of a Chinese passenger ship shall fail forthwith to appoint a master, mate, or other officer to be approved as aforesaid, in the place of any master, mate, or other officer discharged under paragraph 7;
It shall be lawful for the Governor in Council to revoke the licence granted under this section in respect of such Chinese passenger ship, and to order that the said ship be seized and detained until her emigration papers (if already granted) be delivered up to be cancelled.
9. The breach of any condition of a licence granted under this section shall be deemed a breach of a regulation respecting Chinese passenger ships within the meaning of section II of "The Chinese Passengers' Act, 1855.”
10. It shall be lawful for the Governor in Council to apply the whole or any part of the penalty recoverable in case of the non-observance or non-performance of the regulations of this section under the provisions of section V of "The Chinese Passengers' Act, 1855," towards the expenses of reconveying to their homes intending emigrants by any vessel in respect of which the licence granted under this section shall have been revoked in manner hereinbefore provided.
Regulations of schedule 4 of "The Chinese Passengers' Act, 1855," not to be affected by this section.
No Person to act as a passage broker without licence.
VI. No person shall act as a passenger broker, or in procuring passengers for, or in the sale or letting of passages in any Chinese passenger ship, unless he shall, with two sufficient sureties, to be approved by the Emigration Officer, have entered into a joint and several bond in the sum of five thousand current dollars, to Her Majesty, Her Heirs and Successors, according to the form contained in schedule 4 hereunto annexed, [Ord. 11 of 1857, sec. 1.] which bond shall be renewed on each occasion of obtaining such licence as hereinafter mentioned, and shall be deposited with the Emigration Officer; nor unless such person shall have obtained a licence to let or sell passages, nor unless such licence shall be then in force; and where different members of the same firm act as passage brokers, each person so acting shall comply with the terms of this section.
ORDINANCE No. 5 OF 1874.
Chinese Emigration.
2. Any person wishing to obtain a licence to act as a passage broker, shall make application for the same to the Emigration Officer, and the Emigration Officer is hereby authorized (if he shall think fit) to grant such licence according to the form in schedule B hereunto annexed: Provided always, that no such licence shall be granted unless such bond as hereinbefore mentioned shall have been first entered into: Provided also, that any Magistrate who shall adjudicate on any offence against this section, is hereby authorized to order the offender's licence to be forfeited, and the same shall thereupon be forfeited accordingly; and the said Magistrate making such order shall forthwith cause notice of such forfeiture, in the form contained in the schedule C hereunto annexed, to be transmitted to the Emigration Officer, and such forfeiture shall be exclusive and independent of any other punishment which may be inflicted upon such offender under the provisions of this section.
Power to Magistrates to order licences to be forfeited.
3. Every person obtaining such licence as aforesaid, shall pay to the Emigration Officer a fee of two hundred current dollars, for which fee the Emigration Officer is hereby empowered and required to demand and receive upon the issuing of any such licence; and the Emigration Officer shall pay all such fees into the Colonial Treasury, to the use of the Crown.
4. Such licence shall continue in force until the 31st day of December in the year in which such licence shall be granted, and for fourteen days afterwards, unless sooner forfeited as hereinbefore mentioned.
5. Every passage broker who shall or may receive money from any person, for or in respect of a passage in any Chinese passenger ship, shall give to every such person a contract ticket, under the hand of such passage broker, and stamped with his seal or trade mark,-each ticket to be printed in a plain and legible type, according to the form in the schedule D hereunto annexed, and to be accompanied with a translation thereof in the Chinese language, in plain and legible characters.
6. Every such passage broker before he shall receive or take any money on account of any such passage, or for the sale or letting of the whole or any part of the accommodation of or in any Chinese passenger ship proceeding from Hongkong, shall produce to the Emigration Officer the certificate of the master or owner of the ship, in respect of which such passage shall or may have been taken, or the accommodation in which shall have been so sold or let, to the effect that such ship has been chartered for the purpose of carrying emigrants, and that he, such passage broker, is authorized to receive payment for such passage, or for the sale or letting of the accommodation in such ship; and such certificate shall be filed in the office of the Emigration Officer.
7. On every occasion of the delivery to any passenger of such contract ticket as aforesaid, the passage broker who shall have engaged to provide such passenger with a passage shall attend before Emigration Officer.
$
293
ses
Breach of condition of licence.
Application of penalty for breach of this
Ordinance recoverable
under "The
Chinese Passengers' Act, 1855." [Ibid, sec. 10.]
ORDINANCE No. 5 or 1874.
Chinese Emigration.
(b) If any Chinese passenger ship shall fail to clear out and proceed to sea, within the period specified in the licence granted under this section, or within such extended period as aforesaid;
(e.) If the owners or charterers of a Chinese passenger ship shall fail forthwith to appoint a master, mate, or other officer to be approved as aforesaid, in the place of any master, mate, or other officer discharged under paragraph 7;
It shall be lawful for the Governor in Council to revoke the licence granted under this section in respect of such Chinese passenger ship, and to order that the said ship be seized and detained until her emigration papers (if already granted) be delivered up to be cancelled.
9. The breach of any condition of a licence granted under this section shall be deemed a breach of a regulation respecting Chinese passenger ships within the meaning of section II of "The Chinese Passengers' Act, 1855.”
10. It shall be lawful for the Governor in Council to apply the whole or any part of the penalty recoverable in case of the non-observance or non-performance of the regulations of this section under the provisions of section V of "The Chinese Passengers' Act, 1855," towards the expenses of reconveying to their homes intending emigrants by any vessel in respect of which the licence granted under this section shall have been revoked in manner hereinbefore provided.
Regulations of 11. Nothing in this section shall be deemed to affect the schedule 4 of regulations contained in schedule A of "The Chinese Passengers'
Chinese Pas Act, 1855."
sengers' Act,
1855," not to
be affected by
this section.
No Person to
licence.
[Ord. 11 of
Emigration Passage Brokers.
VI. No person shall act as a passenger broker, or in procuring act as a passage passengers for, or in the sale or letting of passages in any broker without Chinese passenger ship, unless he shall, with two sufficient having entered
sureties, to be approved by the Emigration Officer, lave entered into a bond azul obtained a into a joint and several bond in the sum of five thousand cur- rent dollars, to Her Majesty, Her Heirs and Successors, accord- ing to the form contained in schedule 4 hereunto annexed, 1857, sec. 1.] which bond shall be renewed on each occasion of obtaining such licence as hereinafter mentioned, and shall be deposited with the Emigration Officer; nor unless such person shall have obtained a licence to let or sell passages, nor unless such licence shall be then in force; and where different members of the same firm act as passage brokers, each person so acting shall comply with the terms of this section.
ORDINANCE No 5 OF 1874.
Chinese Emigration.
obtained.
2. Any person wishing to obtain a licence to act as a passage How passage broker, shall make application for the same to the Emigration broker's - Officer, and the Emigration Officer is hereby authorized (if he serves may be shall think fit) to grant such licence according to the form in [lbud, sec. 2.] schedule B bereunto annexed: Provided always, that no such licence shall be granted unless such bond as herein before men- tioned shall have been first entered into: Provided also, that any Power to Ma- Magistrate who shall adjudicate on any offence against this sec- gistrates to tion, is hereby authorized to order the offender's licence to be order licences forfeited, and the same shall thereupon be forfeited accordingly; and the said Magistrate making such order shall forthwith cause notice of such forfeiture, in the form contained in the schedule Chereunto annexed, to be transmitted to the Emigration Officer, and such forfeiture shall be exclusive and independent of any other punishment which may be inflicted upon such offender under the provisions of this section.
to be forfeited.
3. Every person obtaining such licence as aforesaid, shall pay Fee to be paid to the Emigration Officer a fee of two hundred current dollars, for licences. which fee the Emigration Officer is hereby empowered and re. [Ibid, sec. 3.] quired to demand and receive upon the issuing of any snch licence; and the Emigration Officer shall pay all such fees into the Colonial Treasury, to the use of the crown.
are to
4. Such licence shall continue in force until the 31st day of How long li December in the year in which such licence shall be granted, conces and for fourteen days afterwards, unless sooner forfeited as continue in Lereinbefore mentioned.
force. [Ibid, sec. 4.]
5. Every passage broker who shall or may receive money Contract from any person, for or in respect of a passage in any Chinese tickets for passenger ship, shall give to every such person a contract passages. ticket, under the hand of such passage broker, and stamped
[Ibid, sec. 5.3 with his seal or trade mark,-each ticket to be printed in a plain and legible type, according to the form in the schedule Dhereunto annexed, and to be accompanied with a translation thereof in the Chinese language, in plain and legible cha-
racters.
6. Every such passage broker before he shall receive or take Passage bro- any money on account of any such passage, or for the sale or kers to produce letting of the whole or any part of the accommodation of or in to Emigration
Officer certifi - any Chinese passenger ship proceeding from Hongkong, shull cate that they produce to the Emigration Officer the certificate of the master or have chartered owner of the ship, in respect of which such passage shall or may the ship for have been taken, or the accommodation in which shall have been carrying emi- so sold or let, to the effect that such ship has been chartered for it, sec. 6.] the purpose of carrying emigrants, and that he, such passage broker, is authorized to receive payment for such passage, or for the sale or letting of the accommodation in such ship; and such certificate shall be filed in the office of the Emigration Officer.
grants.
7. On every occasion of the delivery to any passenger of Passage bro- such contract ticket as aforesaid, the passage broker who shall ker to attend have engaged to provide such passenger with a passage shall before Emigra-
$
293
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