the-ordinances-of-the-legislative-counci-1890v3 — Page 40

ORDINANCE No. 3 OF 1874 . 1323


Chinese Emigration.


11. Any officer so authorized to seize, search and detain any ship under this Powers of officers
authorized to
section may, for the purpose of enforcing such seizure, search and detention , call to seize ships.
[Ibid, sec. 12. ]
his aid any constable or officers of police, and may apply for assistance to any officers
of Her Majesty's Army or Navy, or Marines, or to the Harbor Master, or any officer
having authority by law to make seizures of ships, and may put any persons on board
such ship to take charge of the same, and to enforce the provisions of this section , and
any officer so authorized as aforesaid, may use force, if necessary, for the purpose of
enforcing such seizures, search and detention, and if any person is killed , maimed, or
hurt by reason of his resisting such officer in the execution of his duties, or any person
acting under his orders, or at his request, such officer so seizing, searching and detaining
the ship, or other person , shall be freely and fully indemnified as well against the
Queen's Majesty, Her Heirs and Successors, as against all persons so killed , maimed,
or hurt .

12. The owner of the ship seized and detained under this section, or his agent , Petition to Court.
[Ibid, sec. 11.]
may apply by petition to the Supreme Court for its release .

13. The Crown Solicitor shall, upon the seizure of any ship as aforesaid, cite the Citation of
owners.
owners or their agents in the Colony by a notice which may be in the form contained [Ibid, sec. 15.)
in schedule K to this Ordinance, to appear before the Supreme Court to show cause
why the said ship should not be condemned and forfeited to the Crown for breach of
the provisions of this section, and in case there shall be no owner of the said ship in
the Colony, nor any agent of such owner, the said notice shall be published twice in
the Gazette, and such publication shall be equivalent to personal service of the citation.

14. On the day appointed for the Proceedings
ǝ hearing of any petition for the release of the thereon.
ship, or for the appearance of the owners or their agents in the Colony in obedience to [Ibid, sec. 16. ]

a citation to show cause why the same should not be forfeited , the Court shall proceed
to enquire into the matter and to make such orders as may be necessary to put the
matter of the seizure and detention of the ship in course of trial between the owner
and the Crown.
The Court may, if it shall think fit, direct a written statement or answer or any
additional pleading to be filed, and may, in its discretion , receive evidence orally or by
affidavit, or partly orally and partly by affidavit, and may determine all questions of
fact as well as of law, or may, of its own motion , or on the application of either party,
direct a jury to be empanelled for the determination of any question of fact.
The Court may frame issues of law and of fact, and generally may exercise the
same powers and authorities as on the trial of any other suit, cause, or matter, within
its ordinary jurisdiction.
The Court may also, during or before the said proceedings, grant warrants for
the entering and searching of any ship or tenement within the jurisdiction , and the
seizure of any papers or documents which may be found therein respectively, or may
summon any person to appear before the Court, and to produce any papers and
documents and may interrogate such persons on oath touching the subject matter of
the inquiry .