Procedure in
case of in- valid
surety.
Summons to obligors in case of
breach.
428
8.-(1.) If at any time either of the sureties to any such bond shall in the opinion of the Captain Superintendent of Police become or be not a proper person to be a surety to such bond it shall be lawful for the Captain Superintendent of Police to give notice in writing to the owners agents charterers or licensees that such is his opinion and on the expiration of seven days from the service of such notice the said bond shall for the purposes of section 3 be deemed to be no longer subsisting and valid.
(2.) Any such notice may be served either personally or by delivery thereof to some adult at the address of the said owners agents charterers or licensees given in the said bond or by registered letter addressed to the said owners agents charterers or licensees at the said address.
9. In any case in which it is alleged that a breach has occurred of the conditions of any bond entered into in pursuance of the provisions of this Ordinance it shall be lawful for a magistrate on the application of the Captain Superintendent of Police to issue a summons calling upon the persons by whom the bond was entered into to shew cause why the sum secured by the said bond should not be forfeited.
(
Forfeiture of
sum secured by bond.
Hearing in the absence
of defendant not served.
General powers of magistrate.
Powers of magistrate with refer- ence to re- covery of penal sum declared to be forfeited.
Launch or
tain cases to
have left,
etc., on a voyage to a particular place.
10. On the hearing of such summons the magistrate shall first receive such evidence as may be offered on behalf of the Captain Superintendent of Police and then such evidence if any as may be offered on behalf of the defendants and if after hearing the whole of such evidence he is of opinion that any breach has occurred of the condi- tion of the bond he shall declare the sum secured by the bond to be forfeited.
11. It shall be lawful for a magistrate to proceed to hear and determine any such summons in the absence of one or more of the defendants whether such defendant shall have been served with the said summons or not: Provided that no declaration of forfeiture shall be enforceable as against any person who shall not have been served with the said summons.
12. With reference to any such summons a magistrate shall have as full powers as he shall have with reference to any other matter over which he has, jurisdiction.
13. With reference to the recovery of the sum so de- clared to be forfeited a magistrate shall have as full powers as he shall have with reference to the recovery of any fine or other sum of money which he shall have jurisdiction to impose or order to be paid.
14. Without prejudice to any other method of proof, a ships in cer- launch or ship shall be deemed to have left or to have be deemed to attempted to leave the waters of the Colony on a voyage to any particular port or place if information that it was about to leave on such a voyage shall have been given by or on behalf of the master owner agents charterers or licensees upon application for any permission necessary for enabling the said launch or ship to leave the waters of the Colony or a port in the Colony, and a launch or ship shall be deemed to have left the waters of the Colony on a voy- age to any particular port or place if it shall have called or touched at such port or place at any time within ten days after leaving the waters of the Colony.
Powers of search.
15.--(1.) Every police officer, and every guard and watchman within the meaning of the regulations for the time being in force under this Ordinance, shall have power to search any launch or ship and its stores and equipment, the crew and staff and their belongings, the passengers and their goods and baggage, and the cargo, and may do all such acts as may be reasonably necessary in order to carry out any such search effectually.
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