1901_CHINESE_EMIGRATION_ORDINANCE__1889 — Page 17

A.D. 1889.]

CHINESE EMIGRATION.

[No. 1.

609

(2.) forges, counterfeits, alters, or erases the whole or any part there-

of; or

(3.) uses or attempts to use any spurious or fraudulent certificate, and every person aiding and abetting in such offence, shall be liable to the punishment hereinafter prescribed.

77. All cases of violation or disobedience of or default in compliance Trial of with the provisions of sections 66 to 76. both inclusive, may be heard offences, and determined summarily by two Magistrates, sitting together who shall constitute a Court for this purpose: Provided that if at the close of the investigation, the accused person applies for a trial by jury, or the Magistrates are of opinion that the case ought to be so tried. they may commit the accused person for trial at the Supreme Court.

78. The following punishments shall be awarded on conviction for Punishments any offence:

(1.) against any of sections 66, 67, 68, 73, and 74, a penalty not exceeding five hundred dollars and imprisonment, with or without hard labour, for any term not exceeding six months, or either of such punishments, in the discretion of the Court; and

(2.) against section 75 or section 76, a penalty not exceeding one thousand dollars and imprisonment, with or without hard labour, for any term not exceeding one year, or either of such punishments, in the discretion of the Court:

Provided always that where a penalty is imposed for any offence against section 75 or section 76, the Court may sentence the offender, in default of payment of such penalty, to imprisonment, with or without hard labour, for any term not exceeding one year in lieu of such penalty, and such imprisonment shall commence from the expiration of any term of imprisonment to which the offender may have been sentenced in addi- tion to the penalty.

of offences.

for forfeiture

of fittings.

79. The Supreme Court and the said Court of Magistrates shall have Proceedings full power and authority to hear and determine all cases of seizure of fittings, and, on proof of the legality of the seizure, to declare the said fittings to be forfeited to the Crown; and no fittings seized under this Ordinance shall be deemed to be forfeited to the Crown, except under the sentence of one or the other of the said Courts,

80. Nothing in this Ordinance shall be deemed to affect any powers – Saving of lawfully vested in a Superintendent or Inspector of Police.

81.-(1.) Any action or prosecution against any person for anything done in pursuance or execution or intended execution of this Part shall be commenced within three months after the thing done and not other- wise.

powers of Police.

Protection of person acting

under Part II.