102
Commander of ships of
papers.
CHINESE PASSENGERS ACT.
6. It shall be lawful for the commander of any of Her Majesty's ships of war, or for any Emigration Officer, Custom House Officer, or British Consul, to enter and search any Chinese passenger ship (being a British vessel or within British jurisdiction) so long as such ship shall have any passengers on board, and for 48 hours afterwards, and in case such ship shall be engaged on a voyage of more than 7 days duration, to require the production of the emigration papers of such ship, and to examine all persons on board of the same, in order to ascertain whether the provisions of this Act and of the regulations aforesaid have been complied with; and any person who refuses to allow, attempts to avoid, or obstructs any such entry, search, or examination, or who knowingly misleads or deceives any person lawfully making any such search or examination, or who, being the master of the ship or having the emigration papers in his custody, fails to produce the same when required as aforesaid, shall be deemed guilty of a misdemeanor.
Penalty for neglect to comply with regulations, &c.
Ship to be forfeited for clearing without emigration papers, or for forgery of such papers.
Penalties in addition to forfeiture.
Mode of enforcing forfeiture.
Officer not liable for any seizure
7. In case of any neglect or refusal to comply with any of the provisions of this Act or any of the regulations aforesaid, or to perform any stipulation in any of the contracts made with the passengers, the master of the ship, and any other person who may have been guilty of or have aided or abetted such neglect or refusal, shall each be deemed for each offence guilty of a misdemeanor.
8. If any Chinese passenger ship clears out or proceeds to sea on any voyage exceeding 7 days in duration without such emigration papers as aforesaid, or if the emigration papers of any Chinese passenger ship are forged or fraudulently altered, such ship shall, if she is a British ship, or if, not being a British ship, the offence is committed and the ship is seized in Her Majesty's Dominions or in the territories of the East India Company, be forfeited to Her Majesty.
9. Every person who commits or aids or abets in committing any act or default by which any Chinese passenger ship may become liable to forfeiture shall be liable to a penalty not exceeding £100 for each offence.
10. It shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British Consul, to seize and detain any ship which has become subject to forfeiture as aforesaid, and bring her for adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty jurisdiction in Her Majesty's Dominions or in the territories of the East India Company, and such Court may thereupon make such order in the case as it thinks fit, and may award such portion of the proceeds of the sale of any forfeited ship as it thinks right to the officer bringing in the same for adjudication, or to any persons damaged by the act or default which has rendered the ship liable to forfeiture.
11. No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever, in respect of the seizure or detention...
102
Commander of ships of
papers.
CHINESE PASSENGERS ACT.
6. It shall be lawful for the commander of any of Her Majesty's ships war, &c., may of war, or for any Emigration Officer, Custom House Officer, or British search ships, Consul, to enter and search any Chinese passenger ship (being a British or require production of vessel or within British jurisdiction) so long as such ship shall have any passengers on board, and for 48 hours afterwards, and in case such ship shall be engaged on a voyage of more than 7 days duration, to require the production of the emigration papers of such ship, and to examine all persons on board of the same, in order to ascertain whether the provisions of this Act and of the regulations aforesaid have been complied with ; and any person who refuses to allow, attempts to avoid, or obstructs any such entry, search, or examination, or who knowingly misleads or deceives any person lawfully making any such search or examination, or who, being the master of the ship or having the emigration papers in his custody, fails to produce the same when required as aforesaid, shall be deemed guilty of a misdemeanor.
Penalty for neglect to comply with regulations,
&c.
Ship to be
forfeited for clearing without emigration papers, or for forgery of such papers.
Penalties in
addition to forfeiture.
Mode of enforcing forfeiture.
Officer not liable for any seizure
7. In case of any neglect or refusal to comply with any of the provi- sions of this Act or any of the regulations aforesaid, or to perform any stipulation in any of the contracts made with the passengers, the master of the ship, and any other person who may have been guilty of or have aided or abetted such neglect or refusal, shall each be deemed for each offence guilty of a misdemeanor.
8. If any Chinese passenger ship clears out or proceeds to sea on any voyage exceeding 7 days in duration without such emigration papers as aforesaid, or if the emigration papers of any Chinese passenger ship are forged or fraudulently altered, such ship shall, if she is a British ship, or if, not being a British ship, the offence is committed and the ship is seized in Her Majesty's Dominions or in the territories of the East India Company, be forfeited to Her Majesty.
9. Every person who commits or aids or abets in committing any act or default by which any Chinese passenger ship may become liable to forfeiture shall be liable to a penalty not exceeding £100 for each offence. 10. It shall be lawful for any commissioned officer on full pay in the military or naval service of Her Majesty, or any British officer of customs, or any British Consul, to seize and detain any ship which has become subject to forfeiture as aforesaid, and bring her for adjudication before the High Court of Admiralty in England or Ireland, or any Court having Admiralty jurisdiction in Her Majesty's Dominions or in the territories of the East India Company, and such Court may thereupon make such order in the case as it thinks fit, and may award such portion of the proceeds of the sale of any forfeited ship as it thinks right to the officer bringing in the same for adjudication, or to any persons damaged by the act or default which has rendered the ship liable to forfeiture.
11. No such officer as aforesaid shall be responsible, either civilly or criminally, to any person whomsoever, in respect of the seizure or deten-
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