428
Petition by owner of ship seized.
Citation of owners of ship seized.
*
Proceedings on petition or citation.
Pleading and issues.
+
Granting of warrant to search ship, etc.
No. 1 of 1889.
CHINESE EMIGRATION.
91. The owner of the ship so seized and detained or his agent may apply by petition to the Supreme Court for its release.
92.--(1) The Crown Solicitor shall, on 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 in the 13th schedule, to appear before the Supreme Court to show cause why the ship should not be condemned and forfeited for breach of the provisions of sections 83 and 84.
(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.
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.
94. The Court may direct a written statement or defence or any additional pleading to be filed, and may 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.
* As amended by No. 50 of 1911 and No. 62 of 1911.
As amended by No. 62 of 1911.
!
428
Petition by owner of ship seized.
Citation of owners of ship seized.
*
Proceedings on petition or citation.
Pleading and issues.
+
Granting of warrant to search ship, etc.
No. 1 of 1889.
CHINESE EMIGRATION.
91. The owner of the ship so seized and detained or his agent may apply by petition to the Supreme Court for its release.
92.--(1) The Crown Solicitor shall, on 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 in the 13th schedule, to appear before the Supreme Court to show cause why the ship should not be condemned and forfeited for breach of the provisions of sections 83 and 84.
(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.
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 neces- sary to put the matter of the seizure and detention of the ship in course of trial between the owner and the Crown.
94. The Court may direct a written statement or defence or any additional pleading to be filed, and may 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 tene- ment 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.
* As amended by No. 50 of 1911 and No. 62 of 1911.
As amended by No. 62 of 1911.
C
tu
be
se
be
the
cor
83
suc
1
pen
ship
pen be t
if c
appl
1(
a sh
No comments yet.
Private notes are available after approval.