the-ordinances-of-the-legislative-counci-1890v2 — Page 486

1076 [ 1 OF 1889. ] CHINESE EMIGRATION CONSOLIDATION .
Taking 65. The owner, agent, or master of any ship intended for
prohibited
fittings on the conveyance of Chinese emigrants to be embarked at any
board, or port or place out of the Colony who shall knowingly permit
refusal to
remove the any prohibited fittings to be taken on board such ship, or to
same .
[ Ibid . subs.
remain therein after the same have been taken on board, or who
9.] shall refuse to remove forth with any fittings which theemigration
officer shall have ordered to be removed, shall be guilty of an
offence against this ordinance, and in addition to the punishment
hereinafter prescribed, all such last mentioned fittings shall, in
case of such refusal as aforesaid , be seized and forfeited to the
Crown as in the case of prohibited fittings.
Ship leaving
without
66. If any such ship shall leave or attempt to leave the
certificate
or with
waters of the Colony without the certificate required by section
prohibited 60, or shall leave or attempt to leave the waters of the Colony,
fittings. having on board any prohibited fittings, or any fittings which
[ Ibid . subs.
10.] the emigration officer shall have ordered to be removed , or any
other fittings of a similar kind and description , in every such
case the master of such ship , and the owner or agent if proved
to have sanctioned such leaving or attempting to leave as afore
said , shall be deemed guilty of an offence against this ordinance,
and in addition to the punishment hereinafter prescribed,all
such fittings shall be seized and forfeited to the Crown, whether
the same be prohibited fittings or not .
Fraudulent 67. If any person shall make or attempt to make any
use of a
certificate . fraudulent use of a certificate granted under section 60 or shall
[Ibid. subs. forge, counterfeit, alter, or erase the whole or any part thereof,
11.)
[ Ord . 25 of or shall use or attempt to use any spurious or fraudulent
1889.) certificate, the person so offending, and every person aiding and
abetting in such offence, shall be liable to the punishment
hereinafter prescribed .
Trial of 68. All cases of violation or disobedience of, or default in
offences.
[ Ibid . subs. compliance with the provisions of sections 57 to 67 inclusive
12.] may be heard 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
shall apply for a trial by jury, or the Magistrates shall be of
opinion that the case ought to be so tried, they may commit the
accused for trial at the Supreme Court.
Punishments
of offences.
69. The following punishments shall be awarded on convic
[ Ibid . subs. tion for any offence,-
13.7
( a. ) Against sections 57 , 58, 59, 64 or 65 a fine 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.