A.D. 1889.
CHINESE EMIGRATION,
[No. 1.
613
(2.) In case there is no owner of the ship in the Colony nor any agent of such owner, the notice shall be published twice in The Gazette, and such publication shall be equivalent to personal service of the citation.
on petition or
93. 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 inquire 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.
issues.
94. The Court may, if it thinks fit, direct a written statement or defence or 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 and may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any action, cause, or matter within its ordinary jurisdiction.
95. The Court may also, during or before the said proceedings, grant warrants for the entering and searching of any ship or tenement within the jurisdiction and the seizure of any papers or documents which may be found therein respectively, and may summon any person to appear before the Court and to produce any papers and documents, and may examine such persons upon oath touching the subject-matter of the inquiry.
96. Whenever any person has been convicted before the Supreme Court of an offence against sections 83 and 84, the evidence taken on the trial of such offender shall be received in evidence in any proceedings instituted for the forfeiture or release of the ship in respect of which such offence has been committed; but it shall not be necessary to take proceedings against an offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because proceedings are taken against the offender.
97. The fact of a ship being apparently fitted and equipped, or in course of being fitted and equipped, within the waters of the Colony for the conveyance of Chinese emigrants shall, if the owner, agent, or master has not obtained a licence from the Governor as required by section 83, or under section 6, be primâ facie evidence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony,
Evidence of conviction in proceeding for forfeiture. etc.
Presumptive evidence of ship.
character of
A.D. 1889.1
CHINESE EMIGRATION,
[No. 1.
613
(2.) In case there is no owner of the ship in the Colony nor any agent of such owner, the notice shall be published twice in The Gazette, and such publication shall be equivalent to personal service of the citation.
on petition or
93. On the day appointed for the hearing of any petition for the Proceedings release of the ship, or for the appearance of the owners or their agents citation. in the Colony in obedience to a citation to show cause why the same should not be forfeited, the Court shall proceed to inquire 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.
issues.
94. The Court may, if it thinks fit, direct a written statement or leading and defence or 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 and may frame issues of law and of fact, and generally may exercise the same powers and authorities as on the trial of any action, cause, or matter within its ordinary jurisdiction.
95. The Court may also, during or before the said proceedings, grant Granting of warrants for the entering and searching of any ship or tenement within warrant to
search ship. the jurisdiction and the seizure of any papers or documents which may etc. be found therein respectively, and may summon any person to appear before the Court and to produce any papers and documents, and may ex- amine such persons upon oath touching the subject-matter of the inquiry. 96. Whenever any person has been convicted before the Supreme Court of an offence against sections 83 and 84, the evidence taken on the trial of such offender shall be received in evidence in any proceed ings instituted for the forfeiture or release of the ship in respect of which such offence has been committed; but it shall not be necessary to take proceedings against an offender because proceedings are instituted for the forfeiture, or to take proceedings for the forfeiture because pro- ceedings are taken against the offender.
97. The fact of a ship being apparently fitted and equippeil, or in course of being fitted and equipped, within the waters of the Colony for the conveyance of Chinese emigrants shall, if the owner, agent, or muster has not obtained a licence from the Governor as required by section 83, or under section 6, be primâ facie evidence that such ship is intended for the conveyance of Chinese emigrants to be embarked at some port or place out of the Colony,
Evidence of conviction in proceeding for forfeiture. etc.
Presumptive evidence of ship.
character of
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