the-ordinances-of-the-legislative-counci-1890v2 — Page 492

1082
[ 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION .
Penalty in 91. It shall be lawful for the Court to impose such a pecuniary
lieu of
forfeiture. penalty as to the Court shall seem fit, in lien of condemning
[Ibid, subs. the ship, and in such case to cause the ship to be detained until
19. )
the penalty is paid, and to cause any penalty so imposed to be
applied in the same manner in which the proceeds of the said
ship, if condemned by order of the Court and sold , would bave
been applicable.
Costs. 92. The costs of all proceedings for the forfeiture or release
[ Ibid , subs.
20. ] of a ship, shall be in the discretion of the Court.
Indemnity.
[Ibid. subs.
93. If the Court be of opinion that there was not reasonable
21. ] and probable cause for the seizure or detention, and if no such
cause appear in the course of the proceedings, the Court shall
have power to declare that the owner is to be indemnified by
the payment of costs and damages in respect of the seizure or
detention, the amount thereof to be assessed by the Court, and
any amount so assessed shall be payable out of the general
revenues of the Colony.
Sale of 94. Every ship forfeited to the Crown for breach of the
forfeited ship. provisions of scction 74 may be sold by public auction or private
22. ]
contract, and may be transferred to the purchaser by bill ofsale
under the hand of the Governor, and the seal of the Colony, and
the net proceeds of such sale shall be paid into the Colonial
Treasury for the use of the Crown .
Release of
ship by
95. The Governor may, at any tiine ,, release any ship seized
Governor. and detained under section 80 , notwithstanding her forfeiture
[ Ibid,subs.
23. ) by the sentence of the Supreme Court, on the owner or agent
giving security to the satisfaction of the Governor that the ship
shall not be employed contrary to section 74 , or may release
the ship without such security if the Governor think fit so to
release the same .
Indemnity 96. Subject to the provisions of section 93 providing for the
to officers.
[ Ibid. subs. award of damages in certain cases in respect of the seizure or
24.] detention of a ship by the Court , no damages shall be payable,
and no public officer, or other person acting under his order or
at his request, shall be responsible, either civilly or criminally,
in respect of the seizure or detention of any ships in pursuance
of section 80.

Prosecution
to be by
97. No proceedings, other than the issue of aa warrant for
Attorney the seizure of a ship, or for the apprehension of an offender,
General,
[ Ibid. subs.
shall be instituted for any offence against the provisions of
25. ] sections 74 and 75, exceptat the suit or prosecution of, or with
the consent of the Attorney General.