the-ordinances-of-the-legislative-counci-1890v2 — Page 487

1077
CHINESE EMIGRATION CONSOLIDATION. ( 1 of 1889. ]
( 6. ) Against sections 66 or 67 a fine 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 fine shall be imposed for any
offence against sections 66 or 67, the Court may sentence the
offender, in default of payment of such fine, to imprisonment
with or without hard labour for any term not exceeding one
year in lieu of such fine, and such imprisonment shall commence
from the expiration of any term of imprisonment to which the
offender may have been sentenced in addition to the fine.
70. The Supreme Court and the said Court of Magistrates Proceedings
for forfeiture
shall have full power and authority to hear and determine all of fittings.
cases of seizure of fittings, and upon proof of the legality of the 14.)
[Ibid. subs.
seizure, to declare the said fittings to be forfeited to theCrown,
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.
71. Nothing in this ordinance contained shall be deemed to Powers of
Police,
affect any powers lawfully vested in a Superintendent or fibid: subs.
inspector of Police. 15.]
72. Any suit or prosecution against any person for anything Limitation of
done in pursuance or execution or intended execution of this [actions, & c.
Ibid . subs.
part of the ordinance shall be commenced within three months 16.]
after the thing done and not otherwise .
Notice in writing of every such suit and of the cause thereof
shall be given to the intended defendant one month at least
before the commencernent thereof.
In any such suit the defendant may answer that the act
complained of was done in pursuance, or execution , or intended
execution of this part of the ordinance, and give this section and
the special matter in evidence at any trial to be had thereupon.
The plaintiff shall not recover if tender of sufficient amends
is inade before suit brought, or if after suit brought a sufficient
sum of money is paid into Court by or on behalf of the defendant.
If judgment is given for the defendant, or the plaintiff becomes
nonsuit, or discontinues the suit after an answer has been put
in , the defendant shall recover his costs and shall have the like
remedy for the same as any defendant has by law for costs in
other cases .

Ifjudgment is given for the plaintiff,he shall not have costs
against the defendant unless the Judge before whom the trial is
bad, certifies his approbation of the suit.