No. 261. SEARCH WARRANTS. To W.T. [or To W.T. and W.S., according to fact,] a Constable [or [or as the in the year of our Lord one thousand Justices of the Peace for the said Colony, [or , in , and there to search and inspect the same, and also to search and inspect the business books of the said G.H., and also to take possession (for purposes of safe custody and evidence only), of any pledge or pledges, goods or chattels, then on the said premises, and which shall be identified by the said C.D., or by any one on his behalf, as his property: And I also hereby direct that you, the said ,do, within one week, make return to me, [or to the nearest Resident Magistrate's Court, or Court of Petty Sessions,] indorsed hereon, what you may have done by virtue and under authority of this warrant. § 1727. in the Colony of New Zealand, to wit. THIS is to command you to appear, without fail, on the in the day of noon, at instant, [or next,] at o'clock before me, or other the Resident Magistrate, or Justices of the Peace, then and there present, to answer the complaint of X.Y., an emigration officer, [or assistant emigration officer, or officer of Customs, or, in the Colonies, a Government emigration or immigration agent, as the case may be,] for a breach of the section [or sections, as the case may be,] of "The Passengers Act, 1855," [or to give evidence in the complaint of C.D. against A.B., for breach of "The Passengers Act, 1855"]. Dated this Το FORM. 20 § 1762 (5). for a breach of the to , to answer to the complaint of C.D. section [or sections, as the case to wit. may be,] of "The Passengers Act, 1855," in that &c., [or as the case may be, for a breach of the contract contained in a certain contract ticket, dated , and issued by for a passage to in the ship: Whereupon I [or we] did proceed to examine into the complaint so made against the said A.B., and the same having been [admitted to be true by the said A.B., or as the case may be,] fully proved to my [or our satisfaction, by the testimony on oath of E.F., a credible witness [or witnesses], I [or we] do convict him the said C.D. of the offence [or offences] aforesaid; and I (or we] do adjudge and order that he shall pay to the said C.D., as such emigration officer, [or Government emigration agent, or officer of Customs, or passenger of the ship , as the case may be,] the sum of £ by way of penalty, [or by way of subsistence money, or as return of passage money, or as damages for breach of such contract as aforesaid, as the case may be], and shall also pay to the said C.D. the further sum of £ as compensation for the loss and inconvenience occasioned to by the loss of passage in the ship J 3 And I [or we] do also adjudge and order that the license granted to the said A.B., to act as a passage broker, be forfeited. be And I [or we] do hereby also adjudge and order that the sum of £ being a part, not exceeding one moiety of the said penalty of £ applied to compensate for the wrong or damage which he [she or they] has [or have] sustained in this matter. And I [or we] do further adjudge and order, that the said A.B. shall forthwith pay to the said C.D. the further sum of £ for the costs and charges by him, the said C.D., incurred in the prosecution of this matter. Given under my hand and seal [or our hands and seals], this of , 187. day (2.)—Conviction and Order of Adjudication where the Defendant does not to for a passage to in the ship and issued did not appear by did proceed to examine into the complaint so preferred against the said A.B., and the same having been duly proved to my [or our] satisfaction by the testimony, on oath, of E.F., a credible witness, [or witnesses,] I [or we] do &c. [Proceed as in preceding form of conviction, according to the circumstances of the case.] No. 261. WARRANT OF COMMITMENT FOR NON-PAYMENT OF MONEYS AND COSTS. A form may be adapted to the last forms from Form No. 34, omitting statements about service of notice, which is not required. § 1762 (11). FOREIGN SEAMEN'S ACT, 1860. For description of offences in information or conviction, Seo Alphabetical Digest, Tit. "Ships and Seamen-Foreign." The warrant of apprehension, when issued, should be in the ordinary form, No. 17.] No. 265. COMPLAINT BY MASTER, AND SEARCH WARRANT FOR CONCEALED SEAMEN. (1.)-The Complaint. 66 The complaint will begin in the form of the information for the offence, (Alphabetical Digest, Tit. “ Ships and Seamen,") and then proceed]—and that he, the said C.D., hath good cause for suspecting that the said A.B. is harboured [or concealed] aboard a certain ship [or boat] lying or being at , in the Colony aforesaid [or in a certain house, or place, occupied by, or known as in the Colony aforesaid]. at Sworn &c. [as in information]. (2.)-Search Warrant. To W.T., of &c., Constable, and all other Peace Officers in the said Colony. Recite complaint, and proceed]―These are therefore to command you, in Her Majesty's name, forthwith and with proper assistance to enter the said ship, [or as in complaint,] and there diligently search for the said A.B., and to take the said A.B., if you can find him, into your custody, and forthwith to bring him before me, or some other of Her Majesty's Justices of the Peace in and for the said Colony, to be further dealt with according to law. Given under my hand and seal, this in the said Colony. day of 187 at § 1782. |