CO129-537-4 Importation and Exportation Amendment Ordinance 1932 27-5-1932 - 1-6-1932 — Page 7

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Forfeiture of

bond.

*

Forfeiture of deposit.

Arrest, search, seizure,

removal, and

detention,

No. 32 of 1915.

IMPORTATION AND EXPORTATION.

6.(1) Upon the failure of any condition of any bond required as a condition on the granting of any permit or any licence issued under this Ordinance, the sum secured by the bond shall be deemed to be a debt due to the Crown and may be recovered in the same manner as Crown rents are recovered upon a certificate purporting to be under the hand of the Treasurer.

(2) The recovery of any such sum shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.

7-(1) Upon the breach of any condition of any permit or any licence issued under this Ordinance, any deposit required as a condition on the granting of such permit or licence shall upon application to a magistrate be declared by him to be forfeited to the Crown.

(2) The forfeiture of any such deposit shall not relieve any person from any other penalty to which he may be liable under this or any other Ordinance.

8.(1) It shall be lawful for any public officer authorised by the Superintendent of Imports and Exports in writing in that behalf either generally or for a particular occasion-

(a) to arrest and bring before a magistrate any person whom such public officer may have reason to suspect of having contravened any of the provisions of this Ordinance or of

any Order in Council made thereunder;

(b) to search the person and property and effects of any person whom it may be lawful for such public officer to arrest : Provided that no female person shall be searched except by a female, and provided that no person shall be searched in a public place if he objects to be so searched;

(e) to search any place or vessel (not being a ship of war) in which such public officer may have reason to suspect that there may be any thing--

* As amended by Law Rev. Ord., 1924.

IMPORTATION AND EXPORTATION.

No. 32 of 1915.

(i) with respect to which any offence against the provisions of this Ordinance or of any Order in Council made there- under may have been committed, or

(ii) which may be evidence of the commission of any such offence; and

(d) to seize, remove and detain any thing with respect to which any offence against the provisions of this Ordinance or of any Order in Council made thereunder may appear to have been committed or which may appear to be or to contain evidence of the commission of any such offence, including all account books and correspondence.

(2) Such public officer may-

(a) break open any outer or inner door of or in any such place;

(b) forcibly enter any such vessel and every part thereof;

(c) remove by force any personal or material obstruction to any arrest, detention, search, seizure, or removal which he is empowered to make;

(d) detain every person found in such place or on board such vessel until such place or vessel has been searched.

(3) No person shall obstruct any detention, arrest, search, seizure, or removal, which is authorised by this Ordinance or by any Order in Council made thereunder.

9. In any proceeding in respect of or involving any Evidence. matter, civil or criminal, arising under or in connexion with this Ordinance or any Order in Council made there- under-

fests to be

(a) If any cargo appears on any import manifest furnished Import mani- by the owners, charterers, agents or master of any ship at evidence of any time before or after the arrival of such ship in the importation. waters of the Colony, it shall be presumed in favour of the Crown against any other party that such cargo was imported into the Colony on board such ship unless such other party shall prove affirmatively that such cargo was not in fact carried into the Colony on board such ship.

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