CO129-378 - Governor Sir Lugard - 1911 [6-7] — Page 222

him, and in case he shall fail to pay, within ten days, any penalty which may be inflicted upon him, the same may be recovered by the sale of such junk, and the balance, if any, of the net proceeds thereof, after deducting therefrom the expenses of such sale and the amount of such penalty as aforesaid, shall be paid to the owner or owners of the junk, if claimed within twelve months from the date of the sale, and if not claimed within that period, shall be for- feited to the Crown: Provided that in case it shall be brought to the knowledge of the Magistrate that there is in the Colony any consignee or agent of such junk no sale thereof shall be made in pursuance of this sub-section until three days' previous notice thereof shall have been given in writing to such consignee or agent,

(28.) Every junk forfeited or sold under the provisions Transfer to of this section shall be transferred to the purchaser there- purchaser

junk.

of, at his expense, by a bill of sale froin the Harbour pon sale of Master, and such bill of sale shall confer upon such purchaser, his executors, administrators and assigns an absolute title to such junk.

der this

section.

(4.) No junk or cargo liable to forfeiture, under the Trial of provisions of this section, shall be so forfeited unless the offences uu. offence in respect of which such jank or cargo is liable to forfeiture, shall be tried by two Police Magistrates sitting together, who shall have power, in their discretion, to extend the period limited by law for an appeal from their decision to the Supreme Court, either before or after the expiration thereof.

of sub-sec-

(25.) Every master of a junk who shall refuse or fail to Penalty for comply with the provisions of sub-section (10)

or (11) of infraction this section, or knowingly give ustrne particulars con- tion (10) or cerning the information which he is thereby required to (11). furnish, shall be liable to a penalty aut exceeding two hundred dollars, or imprisonment with or without labour for any period not exceeding six months.

infraction of

(26.) Every master of a junk violating the provisions of Penalty for sub-sections (8) 1/2 (14) of this section shall be liable to sub-section a penalty at excos ling two han trei dollars or imprisou- (13) or (14). ment with or without hard labour for any period not exceeding six months, and such junk and her cargo may, in the discretion of the Magistrates, he forfeited to the Crown. It shall be lawful for any officer or constable of the Police or Harbour Department or for any Revenus Officer to arrest within the waters of the Colony any junk or other Chinose craft leaving or attempting to leave her anchorage, or which he has good reason to believe, had left her anchorage or any port of the Colony between the hours aforesaid,

(27.) If in any action brought in any Court of the Junk not Colony, in respect of a collision securring between sunset lights to he

Carrying and sunrise, in or outside the waters of the Colony, deemed in between a junk and another vessel, it is proved that such fault for junk did not carry either the lights prescribed for sailing collision. vessels by the International Collision Regulations or the lights prescribed for junks by sub-section (1) or (2) res- pectively of section 25 of the Prinicipal Ordinance as amended by section 11 of the Merebant Shipping Ameud- ment Ordinance, 1905, then such jnak shall be deemed to be in fault, unless it is shewn to the satisfaction of the Court that the circumstances of the case made the omis- sion to carry such lights necessary.

5. Section 40 of the Principal Ordinance is hereby Repeals sec- repealed.

tion 40 of Ordinance No. 10 of 1899.

6. Tables T and U of the Schedule to the Principal Repeal and Ordinance are hereby repealed and the Tables T and U of substitution the Schedule to this Ordinance are respectively substituted of labies T

therefor.

and U.

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