Directory_and_Chronicle_1869 — Page 484

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CHINESE PASSENGERS' ACT.

scribed by the said Legislature, which copy and certificate, with any documents to be attached thereto (hereinafter designated as emigration papers), shall be signed by the said emigration officer, nor until the master shall, with two sufficient sureties, to be approved by the said emigration officer, have entered into a joint and several bond in the sum of one thousand pounds to Her Majesty, her heirs, and successors, in the form contained in schedule Ĉ. to this Act annexed, or in such other form as shall be prescribed by the said Legislature.

V.-The said penal sum of one thousand pounds shall be due and recoverable notwithstanding any penalty or forfeiture imposed by this Act or by the aforesaid regulations, and whether such penalties or forfeitures shall have been sued for and

recovered or not.

VI.-It shall be lawful for commanders of any of Her Majesty's ships of war, or for any emigration officer, Custom House officer, or British Consul, to enter and search any Chinese passenger ship (being a British vessel or within British Jurisdiction) so long as such ship shall have any passengers on board, and for forty-eight hours after- wards, and in case such ship shall be engaged on a voyage of more than seven days' duration, to require the production of the emigration papers of such ship, and to examine all persons on board of the same, in order to ascertain whether the pro- visions of this Act, and of the regulations aforesaid, have been complied with; and any person who refuses to allow, attempts to avoid, or obstructs any such entry, search, or examination, or who, knowingly misleads or deceives any person lawfully making any such search or examination, or who, being the master of the ship or having the emigration papers in his custody, fails to produce the same when required as aforesaid, shall be deemed guilty of a misdemeanor.

VII.-In case of any neglect or refusal to comply with any of the provisions of this Act or any of the regulations aforesaid, or to perform any stipulation in any of the contracts made with the passengers, the master of the ship, and any other person who may have been guilty of, or have aided or abetted such neglect or refusal, shall each be deemed for each offence guilty of a misdemeanor.

VIII.-If any Chinese passenger ship clears out or proceeds to sea on any voyage exceeding seven days' duration without such emigration papers as aforesaid, or if the emigration papers of any Chinese passenger ship are forged or fraudulently altered, such ship shall, if she is a British ship, or if, not being a British ship, the offence is committed and the ship is seized in Her Majesty's dominions or in the territories of the East India Company, be forfeited to Her Majesty.

IX.-Every person who commits or aids or abets in committing any act or default by which any Chinese passenger ship may become liable to forfeiture shall be liable to a penalty not exceeding one hundred pounds for each offence,

X-It shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British Consul, to seize and detain any ship which has become subject to forfeiture as aforesaid, and bring her for adjudication before the High Court of Admiralty in England or Ireland, or any court having Adiniralty Jurisdiction in Tor Majesty's dominions, or the terri- tories of the East India Company, and such comt may thereupon make such order in the case it thinks fit, and may award such portion of the proceeds of the sale of any forfeited ship as it thinks right to the office: 1inging in the same for adjudication, or to any persons damaged by the act of de...ult which has rendered the ship liable

to forfeiture.

XI.-No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever in respect of the seizure or detention of any ship that has been seized or detained by him in pursuance of the provisions herein contained, not- withstanding that such ship is not brought in for adjudication, or, if so brought in, is declared not to be liable to forfeiture, if it is shown to the satisfaction of the judge or court before whom any trial relating to such ship or such seizure or detention is held, that there are reasonable grounds for such seizure or detention, but if no such grounds are shown, such judge or court may award payment of costs and damages to any party aggrieved, and make such other order in the premises as he or it thinks just.