the-ordinances-of-the-legislative-counci-1890v3 — Page 39

1322 ORDINANCE No. 3 OF 1874.


Chinese Emigration.


(b. ) Fits out, mans, navigates, equips, uses, lets or takes on freight or hire.
any ship , or commands, or serves on board any ship, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or

(c.) Despatches, or causes or allows to be despatched any ship, with intent
or knowledge, or having reasonable cause to believe that the same will
be employed in manner aforesaid ; or

(d.) Holds or takes any share or interest in, or makes any advances of money
to any ship, or becomes security for such advances, with intent or
knowledge, or having reasonable cause to believe that the same will be
employed in manner aforesaid ; or

(e.) Despatches or causes or allows to be despatched, or commands or serves
on board any ship carrying Chinese passengers, with the intent or
knowledge, or having reasonable cause to believe that such passengers
are being carried or intended to be carried to any port or place out of
the Colony for the purpose of being conveyed therefrom as emigrants
in the same or any other ship ; or

(
f) Being the master of Chinese a emigrant ship clears out and proceeds to
sea in such ship,
Penalty. Such person shall be deemed to have committed an offence against this section, and
the following consequences shall ensue :

(a .) The offender shall be liable to imprisonment with or without hard labor
for any term not exceeding two years, and to a fine not exceeding two
thousand dollars, or to either of such punishments , at the discretion of
the Court ;

(b .) The ship in respect of which any such offence is committed and her
equipment shall, if within the waters of this Colony, be forfeited to the
Crown.

Punishment of 9. Any person who aids, abets, counsels, or procures the commission of any
accessories.
[Ibid, sec. 10.] offence against this section , shall be liable to be tried and punished as a principal
offender.

Seizure, search, 10. The Governor upon being satisfied that there are reasonable grounds for
and detention of
suspected ships. suspecting that a ship within the waters of the Colony has been, or is being built,
[Ibid, sec. 11.j
altered, repaired, or equipped , or is about to be despatched and taken out to sea
contra to the provisions of this section , or that any other offence against the said
provisions has been committed , rendering the said ship liable to forfeiture, may issue
a warrant in the form contained in schedule I to this Ordinance ; and upon such
warrant, the said ship may be seized and searched and detained until it has been
either condemned or released by process of law, or in the manner hereinafter
mentioned .