1166
Release of ship by Governor.
Petition to Court.
Citation of
owners.
Proceedings thereon.
ORDINANCE No. 5 OF 18.73.
Chinese Emigrant Ships.
and any officer so authorized as aforesaid, may use force, if necessary, for the purpose of enforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, Her Heirs and Successors, as against all persons so killed, maimed, or hurt.
13. The Governor may, at any time, release any ship seized and detained under this Ordinance, notwithstanding her forfeiture by the sentence of the Supreme Court, on the owner or agent giving security to the satisfaction of the Governor that the ship shall not be employed contrary to this Ordinance, or may release the ship without such security if the Governor think fit so to release the same.
14. The owner of the ship seized and detained under this Ordinance, or his agent, may apply by petition to the Supreme Court for its release.
15. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the owners or their agents in the Colony by a notice which may be in the form contained in the schedule to this Ordinance, to appear before the Supreme Court to show cause why the said ship should not be condemned and forfeited to the Crown for breach of the provisions of this Ordinance; and in case there shall be no owner of the said ship in the Colony, nor any agent of such owner, the said notice shall be published twice in the Gazette, and such publication shall be equivalent to personal service of the citation.
16. On the day appointed for the hearing of any petition for the release of the ship, or for the appearance of the owners or their agents in the Colony in obedience to a citation to show cause why the same should not be forfeited, the Court shall proceed to enquire into the matter and to make such orders as may be necessary to put the matter of the seizure and detention of the ship in course of trial between the owner and the Crown.
The Court may, if it shall think fit, direct a written statement and answer and any additional pleading to be filed, and may in its discretion receive evidence orally or by affidavit, or partly orally and partly by affidavit, and may determine all questions of fact as well as of law, or may, of its own motion or on the application of either party, direct a jury to be empanelled for the determination of any question of fact.
The Court may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any other suit, cause, or matter, within its ordinary jurisdiction.
The Court may also, during or before the said proceedings, grant Bench warrants or tenement within the jurisdiction, and for the entering and searching of any shop the seizure of any papers or documents which may be found therein respectively, or may summon any person to appear before the Court, and to produce any papers and documents, and may interrogate such persons on oath touching the subject matter of the inquiry.
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Page 6
1166
Release of ship by Governor.
Petition to Court.
Citation of
owners.
Proceedings thereon.
ORDINANCE No. 5 OF 18.73.
Chinese Emigrant Ships.
and any officer so authorized as aforesaid, may use force, if necessary, for the purpose of enforcing such seizure, search and detention, and if any person is killed, maimed, or hurt by reason of his resisting such officer in the execution of his duties, or any person acting under his orders, or at his request, such officer so seizing, searching and detaining the ship, or other person, shall be freely and fully indemnified as well against the Queen's Majesty, Her Heirs and Successors, as against all persons so killed, maimed, or hurt.
13. The Governor may, at any time, release any ship seized and detained under this Ordinance, notwithstanding her forfeiture by the sentence of the Supreme Court, on the owner or agent giving security to the satisfaction of the Governor that the ship shall not be employed contrary to this Ordinance, or may release the ship without such security if the Governor think fit so to release the same.
14. The owner of the ship seized and detained under this Ordinance, or his agent, may apply by petition to the Supreme Court for its release.
15. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the owners or their agents in the Colony by a notice which may be in the form contained in the schedule to this Ordinance, to appear before the Supreme Court to show cause why the said ship should not be condemned and forfeited to the Crown for breach of the provisions of this Ordinance; and in case there shall be no owner of the said ship in the Colony, nor any agent of such owner, the said notice shall be published twice in the Gazette, and such publication shall be equivalent to personal service of the citation.
16. On the day appointed for the hearing of any petition for the release of the ship, or for the appearance of the owners or their agents in the Colony in obedience to a citation to show cause why the same should not be forfeited, the Court shall proceed to enquire into t
the matter and to make such orders as may be necessary to put the matter of the seizure and detention of the ship in course of trial between the owner and the Crown.
The Court may, if it shall think fit, direct a written statement and answer and any additional pleading to be filed, and may in its discretion receive evidence orally or by affidavit, or partly orally and partly by affidavit, and may determine all questions of fact as well as of law, or may, of its own motion or on the application of either party, direct a jury to be empanelled for the determination of any question of fact.
The Court may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any other suit, cause, or matter, within its ordinary jurisdiction.
The Court may also, during or before the said proceedings, grant Bench warrants. or tenement within the jurisdiction, and
for the entering and searching of any sho
the seizure of any papers or documents which may be found therein respectively, or may summon any person to appear before the Court, and to produce any papers and documents, and may interrogate such persons on oath touching the subject matter of the inquiry.
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