696673-1874-The-Chinese-Emigration-Consolidation-Ordinance-1874- — Page 8

THE HONGKONG governmENT GAZETTE, 12TH SEPTEMBER, 1874.

Provided always that where a fine shall be imposed for any offence against paragraphs 10 and 11, the Court may sentence the offender, in default of payment of such fine, to impri- sonment with or without hard labour for any term not exceeding one year in lieu of such fine, and such imprisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sentenced in addition to the fine.

for forfeiture

14. The Supreme Court and the said Court of Magistrates shall Proceedings have full power and authority to hear and determine all cases of seizure of fittings, and upon proof of the legality of the of fittings.

[Ibid, sec: 17.] seizure, to declare the said fittings to be forfeited to the crown, and no fittings seized under this section, shall be deemed to be forfeited to the crown, except under the sentence of one or the other of the said Courts.

Police

15. Nothing in this section contained shall be deemed to affect Powers of any powers lawfully vested in a Superintendent or Inspector of Police.

authorities. [Ibid, sec.18.]

16. Any suit or prosecution against any person for anything Limitation of done in pursuance or execution or intended execution of this actions, &c. section shall be commenced within three months after the thing [Ibid, sec.19.] done and not otherwise.

Notice in writing of every such suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement thereof.

In any such action the defendant may answer that the act complained of was done in pursuance, or execution, or intended execution of this section, and give this section and the special matter in evidence at any trial to be had thereupon.

The plaintiff shall not recover if tender of sufficient amends is made before action brought, or if after action brought a suf- ficient sum of money is paid into Court by or on behalf of the defendant.

If judgment is given for the defendant, or the plaintiff becomes nonsuit, or discontinues the action after an answer has been put in, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.

If judgment is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial

is had certifies his approbation of the action.

17. No proceeding shall be instituted for any offence against Prosecution to the provisions of this section, or for any forfeiture thereunder, be by Attorney except at the suit or prosecution of, or with the consent of the General. Attorney General.

Rules as to Chinese emigrant ships.

[Ibid, sec. 20.]

XV. In the construction of this section, if not inconsistent Interpretation with the context, the following terms and expressions shall Clause.

[Ordinance 5 have the meanings hereinafter respectively assigned to them, that of 1873, sec. 2.] is to say:-

Building," in relation to a ship, shall include the doing “Building." any act towards or incidental to the construction of a ship, and all words having relation to building shall be con- strued accordingly;

46 Equipping," in relation to a ship, shall include the "Equipping." furnishing a ship with any tackle, apparel, furniture, provisions, arms, munitions, or stores, or any other thing which is used in or about a ship for the purpose of fitting

or adapting her for the sea, and all words relating to

equipping shall be construed accordingly ;

Ship and Equipment," shall include a ship and every- “Ship and thing in or belonging to a ship.

Equipment." [Ibid, sec. 3.]

this section.

2. No Chinese emigrant ship shall clear out or proceed to sea Licences under from this Colony unless the master of such ship shall be provided with a licence under this section.

3. No person shall do any of the acts hereinafter specified in Licence from paragraph 8 of this section, without a licence from the Go-Governor. vernor, or unless the owner, agent, or master of the ship in [Ibid, sec. 4.] respect of which such act shall be done shall have obtained such licence.

licence.

4. Every such licence shall be under the hand of the Go- Form and vernor and the public seal of the Colony and the granting thereof conditions of shall be in the discretion of the Governor, and shall be subject [Ibid, sec. 5.] to the payment of such fee to the crown, and to such condi- tions as may, in each particular case, be prescribed by the Go- vernor in Council.

5. Application for such licente shall be made in writing to Mode of the Colonial Secretary, and shall be transmitted through the application for

licence. Emigration Officer, and the owner, agent, or master of the

[Ibid, sec. 6.] Chinese emigrant ship in respect of which such licence is ap-

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