No un- licensed ferry to be maintained in certain
areas.
Issue of
licence dis- cretionary.
Regulations.
Offences.
Penalty.
Seizure of
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(2.) Every person who shall have been entitled to any share in the profits of an illegal ferry shall be deemed to have maintained such ferry during the period in respect of which he was so entitled, and every owner of a ferry vessel, or, if the vessel is under charter, every charterer of the said vessel, shall be presumed to have been entitled to a share in the profits of the ferry until he shall prove affirmatively that he was not entitled to any such share or that such vessel was employed as a ferry vessel without his consent or connivance.
(3.) Nothing contained in sub-section (2) of this section shall be construed as relieving from liability any person who, without being himself entitled to any share in the profits of the ferry, maintains any illegal ferry or counsels procures aids or abets the maintaining of any illegal ferry.
3.-(1.) No person shall without a licence under this Ordinance maintain a ferry in any area to which this section is by any regulation made under this Ordinance declared to apply.
(2.) Any such regulation may provide that such declara- tion shall not have the effect of prohibiting the maintenauce of a ferry between any single point or any particular points within the area declared and some point or points outside that arca.
4. The issue of any licence under this Ordinance shall be subject to the absolute discretion of the Governor in Council.
5. It shall be lawful for the Governor in Council to make regulations :-
(a) for licensing and regulating ferries and ferry
vessels;
(b) for defining the conditions of any licence to be
issued under this Ordinance;
(c) for prescribing the fees rent or premium to be paid in respect of any licence to be issued under this Ordinance;
(d) for declaring the areas to which section 3 of
this Ordinance is to apply;
(e) for excluding from the operation of this Ordi- nanee any specified ferry or any ferry plying to or from any specified point or points within or without the Colony;
(f) for granting exclusive rights of maintaining
ferries;
(9) generally for the purposes of this Ordinance.
6. Every person who shall contravene any of the provisions of this Ordinance or of any regulation made under this Ordinance, and every person who shall contra- vene any of the provisions of any condition of any licence issued under this Ordinance, shall be deemed to be guilty of an offence against this Ordinance.
7. Every person who shall be guilty of an offence against this Ordinance shall be liable upon summary con- viction to a fine not exceeding one thousand dollars.
8. Any police officer may seize any vessel which he fery vessel. may reasonably suspect is being used to commit any offence against this Ordinance and any vessel so seized may be detained by the Captain Superintendent of Police until the conclusion of any proceedings taken under this Ordinance and until the payment of any fine which may be imposed in such proceedings: Provided that the Captain Superin- tendent of Police may release any such vessel so seized upon security to his satisfaction being provided for the payment of any fine which may be imposed in such proceedings.
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