CO129/19 - Sir John Davis | 1847 [1-4]





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PUBLIC RECORD OFFICE

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"Reference:-

TC.O.129/19

COPYRIGHT PHOTOGRAPH - NOT TO BE REPRODUCED PHOTOGRAPHICALLY WITH- OUT PERMISSION OF THE PUBLIC RECORD OFFICE, LONDON

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1847

Vol 1

Governor Sir John Davis

January to April

N1 to 49

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Miscellaneous.

FFB:26 1937

Victoria, Hongkong,

1847.

war, in the

My Lord, January, 18sch- With reference to my Desportche N° 14% of 28th, ultime ; in which I reported that a Brig-of-war absence of the Mail Steamer which had not arrived with Your Lordship's Despatches of October, would be sent with the Mails, I have now the honor to state that the Steamer reached this on the morning of the 3rd. Instant, but without the October Mail from England, which was still missing when she left Ceylon:

The Espiègle Brig of rean

sailed from hence with the Maits on the 20th altimo, and I think it

The Right Menorable,

The Carl Grey,

 

40,

fe

te!

very

probable that the Mail Steamer, which leaves this tomorrow, may not overtake

her.

may

I have the honor to be;

"With the highest respect, Your Lordshops,

Most Obedient,

Humble Servant,

рват

4

200

5

No2

Miscellaneous.

The

RECENTE

MAR 23

1847

My Lord..

Victoria, Honghong,

5th January, 1867.

In accordance with the Colonial.

Regulations, I have the hour to enclose- herewith a complete. Schedule of

the-

Deepatches to Your Lordship's address and that of Mr. Secretary Gladetone, during the year ending.

December, 1846.

the _ 3/et-

I have the honor to be, With the highest respect,

Your Lordship's,

Most Obedient

Stumble Servant

-Right Amorable.

The Earl Grey

to...

to.

to.

47 Danis

The hEarl Grey. Jim & 7 Davis 4th January, 1847. Victoria, Hongkong,

Resived

ا میرا

the betober mail from

Ceylon, but without

the maill Steamer from

Reporting the arrival

England.

The Send duplicates ofthe dupalikes

forconaded bey

Mail.

AB. 28 Feb fay.

Ever free

M. Jadis.

11.5

26 J

Ap

Chedule of Despatches =

Transmitted by the Governor of Roughing to the

Secretary of Hate for the Colonies

- during the year ending 1846 :

Despate Subject of Despatch.

Y

1. Jan 6th Reporting execution of a Chinese. convicted of murder.

9

the

Fransmitting copy of Ordinance Nr 14, of 1845, entitled - "An Ordinance to repeal Ordinance N+ 5 of 1844, entitled An Ordinavan for the preservation of good order

and

cleanliness within the Colony and its Dependencies

of Hongkong.

and to make other provisions

None

19

in lieu thereof. "

Transmitting Reports

One.

and .

Estimated

for the completions of the Sanwar,

Zytam,

and

and Aberdeen Roads_

the

of the Causeway across Sukumpu Bay; also for the construction of 3 Landing Places

in

lowre the tnow of Victoria.

6.

Nr of Date

Dep. Desp. Subject of Despatch

4.

سمجھ

Jan" 20th Relative to assistance to be granted the Government in favour of

education in

26th Transmitting for the

6.

M

264

7.

9.

10.

11.

12.

year

the Colony

Financial Returns.

1845.

Fransmitting a Petition from

Mr Robert Dundas Cay, applying

for

an increase of Salary.

27th Transmitting copy of a contoured Map of Hongkong executed by the Ordnance Department.

29th

Acknowledging receipt of Despatches

No of Enc.

No of Date

16

2.

One.

to N. 168, of 20th November, 1845 None. 8th Transmitting copy of the Acting

Treasurer's Quarterly Account, for the Quarter ending 31th December,

1845.

Feb" 37" Replying to Despatch N.167, of

19th November, 1845, relative to irregularity in the transmission

One.

of a requisition for Police equipments Nove.. 3th Replying to Despatch N. 166, of

byth. November, 1845, conveying Instructions for avoiding delays in the transmission of the

y

Treasurer's Quarterly Accounts.

5th. Relative to certain exper uses incurred

by the Chief Justice in repacis of the Government

Desp. Desp! Subject of Despatch.

Government Building leased to

him for his private residence.

13. Febr. 5 the Replying to Despatch 1:160 of 10th

A5.

کبار

None.

18.

November, 1845, relative to medical

attendance on the Police, &, and

End.

7

One.

Nones

reporting reduction in the Salary f the Colonial Surgeon . 9th. Estimated Revenue of Hongkong, for

the year ending 31 March, 1847%. One. 12th Fransmitting copy of Ordinance No

A of 1846, amending Ordinance N. G of 1844 restraining persons within the Colony of Hongkong from trading in the empire of China to the Northward of the 32th degree of north- "latitude - Also recommending repeal of Ordinance N.4 of 1844, providing against Masters of Merchant Vesseld leaving behind them Seamon in the Colony, te

14th. 9

16th

H

Transmitting copy of the Acting Treasurer's Annual Account for the

year

1845

Relative to a refund of 183 Rupees to

Mr. F. Spring, late Acting Post- : Master at Hongkong.

25th Acknowledging receipt of Despatches

to N. 176, of 19th December, 1845.

One.

None.

19.

No of Date Desp: Desp

Subject of Despatch.

tof

19. 4th Reporting hire of a

amew w residence.

No of Enck.

Mr. of Date of Desp. Desp:

Subject of Despatch.

es of

Encl.

the completion of a portion of the 8 Queen's Road, between the "sap/" and the Wongneichung Bridge.

26. March 22 Evansmitting Reports from the

28.

Acting Surveyor General on the progress of his Department, and ent the construction of Roads and 6 Buildings and the state of Public Works during the

year

1845; with remarks thereon. 237 Acknowledging receipt of Despatches

Je N.13, of 24th January, 1846. Relative to reduction in the expense

25th

None.

29.

254

30.

25th

One!

the

34.

28

of the Treasurer's Department, je, and on the apparent excess of the Exltimate of Expenditure for 1845-6, over the amount voted by Parliament

for that year.

Recommends that the

2.

None.

delary of the Colonial Treasurer be reduced to £.900 a $1000 per year. None.

Reporting that Her Majesty's Proclamation

is

None.

regulating the currency of Hongkong, in full force in the Colony, te

Reporting on the proposed establishment-

of a postal communication

between Hongkong a

by steam

and the Northern Ports. One:

Transmitting Major Aldrich's Report and detailed Estimates for building the Government Offices.

One.

32.

=

4

20.

21.

22.

23.

for the Governor, and proposed temporary

conver

one into a

crsion of the present Court house; alsattre necessity of

building a

a new Courthouse - And

жд

replying to Despatch Nr. 171 of 2nd

December 1845.

24th Replying to Despatch, Nr. 164 of 14

24.

25th

Nov 1845, relative to proposed retiring pension to the European Police. Urging necessity of a Church, ands

None.

2.

suggesting a modern style of building. None -

ation given to Sir Thomas

Reporting intimation given.

Cochrane for the repayments of the tayed costs of the ex-officio, information filed at his request.

26th Replying to Dispatch N° 175, of 18th.

December; 1845, and recomme

emmending.

confirmation of Mr. "W. I . Mercer in the Office of Colonial Treasurers.

24. March 2" Reporting that Fir Thomas bochrane awaits the final decision of the Lords Commissioners of the Admiralty, before: repaying the taxed costs of the ex-officis prosecutione filed at his request.

on the completion of the

15th.

Reporting.

streets in the Town of Victoria, and the formation of Stone gutters and iron gratings thereon, as well as

the

One.

of Date.

Desp:

DJ Day Subject of Despatch.

32. March 27 Submitting for approval copy of

33.

---

Ordinance Nr. 22, of 1844","for establishing

standard weights preventing the use of such as are,

and measures, and for

and deficient. "

wrs of

End:

Nr of Date

Desp. Desf. Subject of Despatch .

s of

Endl.

Quarter en

ending

312. March, 1846.

4.

3rd April 15th Fransmitting the "Blue Book of Hongkong.

for 1845, with Repact on the state of the Colony 2. Fransmitting requisition for blank copies

38.

: false

One.

39

20

April of tho Transmitting Reports and Estimates for altering

34.

13th

th

35.

13th

36.

and improving the present line of road

between Kytam and Stanley, with fremarks thereon.

Reforming to Despatch N. 5, of of the January-

and applying for the early transmission to Hongkong of the list of books respecting which, notice of subsisting copyright has Call's attention to the necessity

Veen

on given.

of a Commission of Vice Admiralty Hongkong,

in

, as well as to the establishment

of a place of transportation for Convicts. None.

Fransmitting Financial Returns for the

Official year from the thril 1845, to 31 Starch

1846, showing a saving

ow

Parliamentary

Estimates for that year, of $15,456-15-7. Remarks on severals items of expenditure, 40, and suggests that the office of Surveyor General be reduced to a Colonial Surveyor, at a diminished salary, H. States also, the abolition of the Office of bleck under the black of bouncils. 15th Fransmitting Quarterly Returns for the

Quarter

40.

"

41.

42.

43.

114.

45.

4.

22

25 rs.

of the "Blue Book."

Further Report:

филе

line.

Mr. Websters

alleged

claim against the Government, in reply to Lord Stanley's Despatch N:173, of 8th Dec 1845.

Lebenowledging receipt of Despatches to Nt. 28 of 20th February, 1846. Reporting delivery to Mr Auditor Shelley of the Supplementary Instructions sent out for his guidance, and stating having already dispensed with the services of a 2nd Clerk in the Audit Office Transmitting copy of the Acting Treasurers Quarterly Account for the Quarter ending 37th March, 1846, de.

23. Retative to Exequatur in favor of Captain

Burd, to act as Danish boneul, in

khong hong, se

23. Replying to Despatch Nr. 94 of 19th February

suggesting the establishment of Tolls

on

· Roads, and requiring to know if the

None.

None.

Jone.

None

Road to Stanky, is exclusively Military None.

24. Transmitting an application from Lient :

Ridder to be relieved from

of Marine Magistrate.

the duties.

One.

46.

Ir of Date of Subject of Despatch.

Desp: Desk:

46. April 30th On registry of British ships in the Colony,

and applying for Instructions on the subject. None 4. May The Reporting withdrawal of Police stationed at- Stanley, and consequent, reduction of the Force, with proposed arrangements for pratection of Aberdeen by a detachment of 30 Sepoys. 74 Transmitting copy of a letter from the

Government of India, recommending the province of Feindes as a place of transportation= In Chinese convicts from Hongkong. Suggests that European bonvicts be sent to Australia, 90-

48.

49.

50.

51.

52.

53.

54

64

One.

One

Suggestions on the requisite Force for garrisoning Hongkong, after the evacuation of Chusan. None. 11th Replying to Despatch N. 14 of 24th January

14th

selative to the Offices of Judge's Clerk, and blesk of trourt, and the increase of Fees in the Supreme Court

Fransmitting a Petition from Mr & Spring, praying for some remuneration for his past services as Acting Poxímaster it Mongkong.

15th Applying for a Portract of Her Majesty the

Fr of

Date

Prop: Deth: Subject of Despatch.

Enactments, u

dr. of

Enel:

up.

to the end of

10

w of the Lords of

1845, for the use of

the Camanttee of Frivy Ceunci ! . for Frade.

55. May 19th Transmitting copy of Bedinance N2 of

1846,0

annen

ading

Ordinance r

476 of 1845

establishing the Supreme Court of.

, with remarked.

Sudicature, with re

rks from the Chief

Justices on certain of it's provisions .

Applying for six copies of the engraved

56

19th

27th

Contoured Survey of Hongkong.

میری

58

59.

One

60.

One.

61.

Jacen, for the Colony of Honghong. None. Acknowledging receipt of Despatches

18th. Acknowled

18th

to 833, of 17th March 1848.

Fransmitting a complete collection of

all the Colonial and Consular.

Enactments,

None.

20th

29nd

Transmitting report of the Board of Survey

appointed to examine the funds.

in the

2

None.

Colonial Treasury, on the 5th. May 1846. One.

Relative to the proposed Ordinance for imposing a tag on the consumption of Ifants Wine, and Beer, wil

thine

1 Hongkong.

One.

Fransmitting catalogue of amount of Stationciy required annually for the use of the Government Offices in Hongkong One.

Enclosing Plans for Charch at Victoria, and pomarks on proces ding with it, se. 3. 32nd Replying to Despatch N 33 of 14 Euarch and stating that the prohibition against private practice on the part of the Surveyor General; has been always enfaced with respect to the subordinate members of his Department.

62.

Yone

of

Frf. Date of Subject of Despatch.

Desp: Desp:

62. May 25 Remitting fees due on the commissions

63.

64.

Sir John Davis and Mr Huhne, ai

of Sin

Encl.

Vice Admiral and. Judge, respectively, of the Vice Admiralty Court of Corngkong. 2. 58th Creative to superannuation to the Civil

Officers of thoughong, in reply to Despated Nr. 30. of 3th March, 1846.

1.30th

One..

one

On allegations against the Opium Farm. hone 5th Reporting execution of a Chinese for murder. None.

65. June 5th

66.

68.

bq.

70.

Reporting establishment of an esperimental

Government Gun beat for the suppression

of Bracy

in the harbour of Hongkong

and Waters adjacent.

Forwarding copy of, and reporting on,

다라

Ordinance. Nr 3 of 1815 for the relief

· Insolvent Zebtors within the belony of Hongning!

Fransmitting statement of the first half years receipt on account of the Police rate, and reporting appointment of new Assessors.

Fr. of Date of Suljset of Dispatch

Desp. Desp

Sum

Fr. of

Endl.

11

t of

Wells, 40, in the Westion wistuct Victoria, and for cleansing and drainage of the Town

Separate. Seve 15th Frensmitting copies of a corrected Edition

of the Colonial Ordisionces to the end of 1842 One.

بوو

72.

One

13.

15th

Fransmitting Report and Estimate: N/

of 1846. for building a Blice Station in the croitre prait of the Iron of Titonic adjoining Cuchterlony's Bazaar. Retative, to shopment of Chinese Sugar from

Konghong, and alluding to a differential lutz in favour of Heas shipped from the Colony

15th Inmonilling on approsionote Report

Transmitting an and Estimate for constructing a line of Rhoad

One.

74

1506

75.

One.

transmitting. a requisition for Cloth for the Police, and recommending that a previous one /irregularly forwarded). for Clothing articles for the same, be

thorized.

10th Transmitting Report and Estimates N3 of 1846, for the construction of Tanks,

Wells

between Aberdien and

3 Stanley, and there by

completing the circuit of the Island.

Reporting inspection of the Government

Furniture

2.

One!

One

safth Reporting transfer of a rowing bint from

the Naval Stores to the Harbour Master's Department for the use of Government. None, Acknowledging receipt of Despatcher to

نور

nja. 19th

No 38, of 23rd April 1846. Replying to Despatch Nr.37%, relative to ther

78.

lots of land granted to the Rest : 117 Shuck

for

for religions and charitable purposes. 20th. Replying to a Query from the Audit Board

as to Mr. Caldwell's Salaries.

2

None.

One

One:

79.

Nr

N of Bat Subject of Despatch.

Desp. Desp

JG. June 20th Kansmitting Estimates of the Expenditure

80.

84.

and. Resense of Honghony, for the

1826-47.

est of

Encl.

Endl.

12

,3.

Mr. of Date of Subject of Despatch. Desp: Desp:

of Her Majesty's Government; and recommending that it be sanctioned

8.5. Inky 15th Bansmitting Quarterly Returns for the

Quarter ending Both June, 1 sub. Acknowledging receipt of despatches

sof the Replying to Despatch dir 44 of 6.

reporting death of Mr James Habhett Tone.

year

4.

4.

89.

15th.

to M. 51 of 252 May, 1826.

None:

4.

Go.

May,

GA.

18th

Innsmitting copy of the Acting Toeamscé's

• 21th Cefarting 16 month's leave of absence to

the Honble, Frederick Bruce, to proxed England, and consequent changes the reon in several appointments. 29 Further Report as to assistance to be given by Government to a couropean

and Native Schools in the Colony, Hone : Reporting Per John, Davis'é à

ра

237

Davis's affranching

temporary.

کی ہو

84.

85.

absence from the Colony. None

Fransmitting

Colonial Rent roll of

Hongkong, with reference to Despatch Nr. 35, of 30th March, 1846

Ho the Relation to an allowance of 25 Dellors pol

866

month, to the Root Mr. Stanton, for The keep of a conveyance

Reporting appointment of Mr. Johnstow,

Corotary to H. 1's. Renipotentiary ve, te be

member of the Executive Council;

of

72.

20th

One!

9.

94.

lige

Hongkong, vacated by the absence of this Hon: Fredcrick Bruce, on sich leave. None! 86. July 1st Transmitting half yearly Schedule of

Despatches, ending roth June, 1846 Orcz

Reporting refund to Lieut : Tedder of his last Quarter's house rent, he being allowed to words: in his office rent free, subject title approvat

8ef6th

6%

of

95.

o

"

24

Pasiterly Account for the Quarter ending

30th June, 1846, 46:

Fan smitting copies of Minutes of the. Executive and Legislative Councils of Hongkong for this half year ending

got June, 1846.

2.

Reporting state of affairs 1. / to this date. Tone. the Tronemitting replies to queries from the

Audit Board on the Accounts of the

Government from April

Hongkong

1844, to 30th June, 1845.

1

Transmitting copy, of Ordinance N 44 of 1846, to explain and extend the provisions " of the Ordinance to establist a licensed "Thaut Serung in the Colony of Hongbong, and for the better regulation of Lescart resorting thereto."

96. August 12th Acknowledging receipt of Despätik F.31

of 23rd May, and reporting on the

pravid

One

Ones

I of Date of Subject of Despatche Desh. Desp

& Liof End

terval 13

abridgement of the long interval for the Criminal Sessions extending fresh

June to December.

10/4. Sept. 2nd Franssnitting Report and Estimate Do 5 of 1846, for levelling and preparing a sitofn

"the Government Offices an

106.

the Colonial Churche

and

Reparting 18 months leave of absence granted to Mr Sterling Allorney General to foraced to England, or sick certificate.

17

4th Referring to Despatch N. 103, and transmitting additional Rules of the Supreme Court

of Hongkong.

4.

مجھے

101.80

4.

Submitting draft of an Ordinance for

Nover

105

No. of Date of Subject of Despatch.

Desp. Desf.

Jiand

committed on a

cheet of Freasure

"belonging to the 6th Instalment of the

Chissese Indemnity.

Gr! August 18th. Acknowledging receipt of Despalated

to Nr.sh of 13th June 1876.

98.

99.

100.

b

of

14/the Reporting sales of the lepinu dall

and Stone quarrying Farms for the year 1846-47

~ 1Gth Replying to Dospatch Military" "No" of

21th April, on the Medical Notes on

ath.

China by Dr. Wilson, as to the means |

Nerf Encl:

None.

of promoting the salubrity of Hongkong. One.

:

Doth Replying to Despatches NT 43 and 44

relative, respectively, to receip to being. required from the Post Office for

Government Despatches, and to the change in the hour of the Mail teamers departure from Hongkong. "Replying to Despatch N = 55; as to the

101.

prestal.

One:

109.

C-L27

unication with the

five ports of China, and on the

amount.

b is correspondence between them and Great Britain.

24th Transmitting detailed half yearly

the

a ut rolls of Hongkong from 2017 June 1843, ti 34th December, 1845.

183. \ " 95th Fansmetting Rates of the Supersens

Court of Houghong, and suggesting

abridgement

One

One

providing agai not impunity of Convicts

escaping from any other British

Colony to Hongkong.

108.

19th

109.

110.

15237

156

Submitting draft of an Ordinance for extending the

and

Summ.

cary jurisdiction

One.

2.

Magistrates, under curtain cases. Acknowledging receipt of dispatches, from M = "Gladstone to N = 60 of 5 July

and from Lord Bray, to N°3 of 19th July 1866. None. Replying to Mr Gladston is Despatch, r: 60 of 5th July respecting Sheet Pedder's functions as Harbour Master and Marine A Magistrate.

Jeni.

Nt of

Best Fate of Subject of Despatch.

Desp.

M

144. Sef: 1/2 15. Tanamitting Plan and Estimate bry/

Major Aldrich for a dojo usible Barrack

-tal Aberdeen, and applying for authority

the construction of a similar one at Tytam.

112. 14th Reporting appriation it

113.

"

of

16 : Reporting appointine ut of the Hosible. Majer Caines to be a member of the Legislative Conncil, in the room of the How : M2 Working absent on sick leave.

1114th July

2. Ceplying to despatch Dr. 2 of 14 )

relativets several unfounded suprentations as to the interference of the Iovernment with the Post Office Department at Hongling .

114.29nd Replying to Mr Gladstone's Despatch

ގ

3.57% of 24th June, and recommending

that a new line of Road by constructed

End:

2.

None.

Dr of Late of

Desh. Besh: Subject of Despatch.

of the Colonial Prisons, and dielectinvano: of the hired buildings for Prison purposes from 7th Cctober next. Report's also a donation of $50 to the widow of Police Constable Arter.

118. Oct 12 Reporting death of Dr Dill, and

119.

5th.

120

10th

Endl.

14

None.

Room

of all = F. Young

None.

appointment in his, to be Colonial Surgeon. Estimated Civil Expenditure of Konghong

for the spear commencing 1th Moul 1847. None.

April

Reporting sale of certain lots of land on

the 1th Cataler, and grant of a piece of ground

rent free for a public Ice-house-

Transmitting copies of and reporting on,

Ordinances Nr. 5 and 6 of 1846.

J.

121.

15th

122.

19th Acknowledging receipt of Despatches

None.

Hanley. None.

between Tytain and

115

24th Applying for instructions as to extra

the

allowances to Major Mdrich, Commanding

Royal and Superintending Engineer,

while employed in Colonial Civil Works. One

116. 244". Stating imperfection of Pent soll

sent with Despatch N. 102

8. 102 of 25 Eugust

Forwarding a lease and applying for

instructions as regards unimpreved

bots to.

114.28th Refriting expected early completions.

123.

124.

24th

125.

2.

to Nr 12, of 13th August, 1846.

22nd Replying to Despatch N. 11 of 12th August,

th

asto certain charges against the Government

of Hongkong by Dr Bowring. Fransmitting copy of the Acting Freasurer's

Quarterly Account for the Quarter ending

30th September, 1846, &c.

24th Reply to Despatch Nr 9 of 8th August,

with suggestions on reductions of the

Civil Expenditure of the Colony, &c. None.

Reporting transmission by the Auditor of the half yearly Rent pocks of the Colony

to

2

126.

28th

of

M: of Fate of

Desp: Deep:

Subject of Despatch.

to the 37th December 1845, and enclosing

an Account from the Freasures showing

No. of

Encl.

For of State of Subject of Despatch.

Desp. Desp

135.

End

Nov 20th Reporting on the Judicial Department 15

of Hongkong, with regard to Priminal Sessions, Rules of Court, and expenditure of this branch of the bivil Service Reporting that there

the

Ce receipts.

7 on account of Land rent

rent up to

the

Samue

e period .

One.

136.

20

34.

4

127. Oct. 28 Fransmitting Quarterly Returns for the Quarter

ending 30th September 1846.

128

129.

130.

131.

132.

133.

134.

Nod. 11 Kansmitting correspondence passed with

Rear Admiral für Thomas Cochrane

the subject of Piracy in the neighbouched of Hongkong.

12th Fansmilting 2 Requisitions for the

Clothing anopquipment of the Hongkong Blice, for the

year 1847.

144 the Reporting violation of territory by a Chines

18th

18th

18th

20th.

officer having landed at Hongkong, a forcibly carried off with him certain

and

2.

4

3

Chinese British subjects. Fransmitting Report and Estimate Pr 7 of 1846, by Mr Sordon, for building the Colonial Church on a lesserpensive scale One. Transmitting Report, and estimate N. 8 of

1846, for further works connected with the Colonial Prisons.

Fransmetting Report and Rotimate. St. 10 of 1846 for a Road and street to be

executed.

6 by Convict labour

Acknowledging receipt of Despatches

One.

to N. 24, of 16+ September, 1846. None.

135

137.24th

138.

in

Hongkong.

6 Lighthouses

re are mos

Replying to Despatch N° 24 of 16 * deptember as to the Civil Expenditure of the Colony for the yearending

31 March 1847, as well as

for the

5 year 1847-48, consequent on proposed

reductions and those already made; and transmitting a list of the persons employed under the bivil Government at reduced Salaries, from 14th January, 1847. 27th. Fransmitting Returns of Fres received into the Colonial Treasury, and of those received by the Officers of the Supreme Court, with to parts thereon

139. Deer 2nd Havenitting further correspondence with

Sir Thomas Cochrane as to the refund

140.

of £75, being the amount of Expenses

for the ex-officio information filed at

hes

request against the Editor of the Friend of China:

Enclosing a communication from eltajor Gencial D'Aguitar, and reporting that his proposed arrangement for stationing the beylon Rifles, on their arrival in Hongkong, at Stanley, renders it necessary

the

commence a

st

once

improvement

of

2.

None.

One.

4.

Date of

Desp. Desp Subject of Despatel.

of the

" the new line of Road between Lytams and Stanley, with the addition of a Lalf way halting posts between Victoria

and

Stanicy.

محبة

141. Dec. 12 Transmitting copy of Despatch IP: __

14.2.

160

174 of 12th December to the address

of Viscount. Palmerston, bearing upon

the prosperity of Hongkong, with

ed to the Canton market.

· regard to

Reporting reduction in the Salary of the

Chief Magistrate of Police, with

appointments and modifications

143.

144.

End:

No of Late

Deep: Desp: Iubject of Despatch.

<

M: of

Encl.

145. Dec 99% Refenting transportation of Chinese 16

146.

One.

Convicts, &c.

th

26 Franemitting Report and Estimate

P 9 of 1846, for building Boundary

Walls to the Colonial Poisons, with

jan

Estimate for preparing the

site for the defensible station

at Aberdeen .

4.

3.

Ene.

147.

28th. Reporting

non-arrival

of

the

dc.

Steamer with the October Mail

None.

16th

18

consequent on

the

resignation of

Police Inspector M & Gregor, _ to take

place from the 10th January 1847 None. Transmitting copy of Despatch N. 176

of

2. 15th December to the address

es of

Viscount Palmerton, enclosing the opinion of Mr Campbell who has

e

been appointed Acting Attorney Gencial, on

- on the Proceedings of the Chef Justice Hulme in the case of Regina tot Compton . Reporting the present constitution of the Executive and Legislative Councils, and the appointment of Mr. Di Almada to be blesk of the Councils .

Frenemitting second Letter from Mr Shelley to the address of the Earl Grey, and

ting upon

reporting

the same.

145.

Bove.

One

Also the following Despatches.

of the 8th June. ____ Separate and Confidential

21th Sept 10th. Noor

Maine

Colonial Secretary

No 3. Financial.

Copy to Treas : 5 A fuil 167 - [ Inc in mig)

85-19 Apit

my

RECEN

MAR 23

1847

462

My Lord,

17

Vitoria, Hongkong,

5th January, 1847

I have the honor to enclose herewith a small (Report and Estimate

& for

a new

to the amount of £155. 11. A. floor tothe Debtors Risen. This, "having been at first returned to the Land Office for revision, was not founded at the line that its dute (August last) would seem to indicate as proper.

The health of the prisoners rendered the immediate execution of the work

us the Prisen is a ground-

<

nece

a

assary, - flear contiguous to the soil. For thise

reasons I brust Your Lordship will be pleased to allow the expenditure.

The Right Honorable, "The Earl Grey,

Sci

him to Lo

5th January, 1847. Vistoria, Hongkong,

I have the hover to be

With this highest respect,

Your Lordships

Mail Oledient,

Humble Servant,

Man's

18

#

23 March Mr. Hawes

The Peasury ohr of course, be advised to sanctions this

Expenditione ?

23 hea

9.23,

Enter

5 April 1947.

CL. Juvelyon Ge

Forwardully MARCH

M3

24

MEStephen 27 M&Hawes

Earl Grey

3-5 Jan 127.

Lei.

I transmit to you for

the consideration of the

Lords Commifs : of the

Treasury the accompany eng

Copy of a despatch from the Gorus of Hong Hory. Covering & Report.

Chinnale

for a new Flow to the Debtors

:

Preson in theh

Colony.

Ander the Cerccumstances

Sie stated by his John Bear's Lord Grey

would recommend

19

that the expenditure which has been micurred

on this acouch sherild

receive their Lordshifis

Sauction

Share

Intered

Goumor

Sir. S. Davis.

2

Forwardedly APR MBB.

M&Stephen Mlames

Earl Grey 19

ہوئی

20

19 April/47.

Despatch

There ruined your

I. 3 of the 5 January transmilling

a Ceport and botimite

amounting to £155. 11. 1. for

flom to the Debtor

Theson et Here

Ander the Cerceimstevels

Shitish of you I have to

slated

Seas: 12 April

: 12 April convey (566)

tb to

the

online of At des foot.

for the expenditure which

hese incurred

this

Jou

Account.

Shave

V

X. 4.

Financial.

April 147 One in

Copy

RECEIVE

3 Bory

MAR 23

1047

My Love,

21

Victoria, Hongkong, 5th January, 1867.

I have the honor to endose, for Your Lordship's information and that of the Brand of Beasury, Copy of the Acting Colonial Treasurer's Account for the quarter

31st December 1846, as

MI. a

ending

handed to me

by

the Auditor.

42 The Quarterly Statement of the Treasurer Phewing the Bilances, Receipts and Payments within

the

quarters, with

my

Certificate

attached as to the correctness

of the Balances, is also enclosed

The Right Honorable, The Earl Grey

herewith.

   Since the abolition of the separate office of Auditor, I have appointed the Surveyor. General

of the keys of the

to hold one

Treasure Vault, with the Colonial

Secretary and

Treasures._

Shave the honor to be,

With the highest respect, Your Lordship's,

most obedient

Humble Servant,

рвать

22

28 March

Hrd. Na was

This is, of course, for informaths of the Treasury.

25

/sz.h

30

#January, 7. Davis,

в му

The Card

N. 4.

brey

2 Enclosures.

Received

Fransmitting copy of the

for the

3/20

the beting

one of the Keys of the Treasure that the Surveyor. General holds

quarter December 1846, to, and reporting

Vault.

Suterad.

on & Karlyn Gye

23

5 April 10247

BL

N. Slang Jk921day

بنگ

I am cuited by lee Guy

to transmit t

you for

the

Information of the Loses Com : of the heasury comissioners, the accompanying

"ty of a Despeth from the Governor of Hong Hong,

Cerving the biting Featurin Eccounts for the quarter

inded 31.0% of Decanuben

the Treasurers a Copy of

131⁄2 8. together with

Л

annual Recovent comfive -

: sing the for quarterly

Accounts for the same

Jean.

Shave

24

D

Account of W. L.Mever. Cog: Acting Colonial

and procid on accmnt of the bivil Government of Hongkong,

Balance

CA

the Pt Oct 1846 in Vault - 2,821 1972

Chest

Established salaries-

A

1500

B

ای شیر

C

9855 3

D

531 5

312 10 -

F

175

72016

Н

26210

150

J

1349 9

8

250

I levenue.

Inhmal Revenue.

8222 #2 3.614 2

H. C. The Govenor

trid de Cambs.

tivit

Colonial Secretary

I

on land for Building

in Victoria.

1275

I

Chinese

Fillages.

6.6153

in Cultivation

42

Rents

Dohorits on Land sold-

309

En markets.

4065

I

-"

Publie Buildings. Fisheries

121 10

168

1,912 19 103

I

Crium Farm

Folier

Inblicans.

Pawn brokers -

Funses

5642

Auctioneers_

7310

télenial Treasurer & Collector- Auditor General & Clerk of tonneste

icclesiastiné. Chaplain.

Revenci

Survey or

General

Harber Master.

Registrar General?_

Judicial Supreme Court.

Criminal Craven prosecutor, / during &

the absence.

of the Attorney General,

on Medical Certificate?

Police an o marine Alagistrates-

Medical Colonial surger

Supplementary Salaries -

Ceclesinotical Chaplain.

Judicial

Votive

2016 8

2781

tivit

152 524

82716

ellarine

21,15 10

Supreme Court.

Police and Marme Magistrates/-

Wages to Auberolinale persons. Geviros" "department-

Revenue Surveyor General -

Harbour Master

Gum brots trew.

indicial SupremeCourt-

E H

TV

Deely Jox

V

Fecs

II

01.0

Serango BiBiard Tables.

Goods sold by Public auction.

Police assessment

On Lases and Geed Registry.

Jurial_

Signatures to from Colonial wen bary

Boat Registry.

Fransfer of Licensas-

Iran Aint Aazistrate-

-Murine Angisirate -

I

11

VII

Fees of

IC

Courts.

Vill

VIL

Ariel Magistrate=

VII

Fines.

VJL

vnr.

Forfitures.

Assis Magis:& Pugiation General Supreme Court _

Mariné 15

Assist ge & Hegistrartenera

From Chiol Magistrate= [Vinn

ellarine (po

3115

148101⁄2

53

192 27732

1010

3 11 102

218 4

192

Belice

Flice.

Civil.

Ordinary Contingencies- Colonial Scerclaru-

187

20611 Gr 21411|2.

Treasurer & Bolideler of leverne. Areditor General & Plesk of lon

écclesiastical Chaplain

Revenue

Surveyor

General

Harbour Maiter.

Registrar General -

Felice and Marine Magistrates.

Medionl Colonial Surgeon

Civil General Gchartment Hour Hents

91162 17125

ucicial Supreme Court-

Volice

1326

121 16 32

2

29

98444

Curried Conward - t

Carried Lonward

25

L

M

125.

7,228

214 3710

P

117 196 157 169

157169

R

265

$

1011716

T

25117

// 5

V

1184 18 # 4,678

W

X

3507 719

16

9

2

1/

677

252 10

10-4

169.13.4 786411

586

1565

1332 4

10,396 9

IX

X

Brought Sonward

Incidentat" "Beceipts -

Vees on Sailing Setters and,

Aums Recovered.

Surcharge from

sheritt.

Refund from superrnt of Police

as for Contingent

Abstract for sine quarter . Deposits available-

xx Police Fund.

XT

-XW

XV

Income Tax from Qest Establistens __ # 209.10.44.

18011

Superannuatimatie Dehart" _ 29.15.7 339 511

ation Contributions

Deposits not availath -

Sulalate Estates.

On account of HMs. Diplom Defer Consulates in ciina- XXV Sums recoverts and received asps separcite teet

In 1ted of the Revenue of the Colony =

and on "Acet of H. At Diplomatic

Depart ! & Consulates in

China

xvs. From the Commus parial in china

اروق

9.8444

Marine

8011212

25 13 11

Brought sonward

Special DDisbursements_ Harbour Master-

Judicial.L.F. A hoyney fees and expence a

during tus Convershiife.

Revenue Commnission for sale at Auctione

Mosely of Five levied butuan.

Felice

Witnesser

drenge 2/11

26

8 18

i

2817

k

l

48 19

4

nebiagis:=

Purchase of one Horse.

b

Iubled Works

Buildings -

Government offices.

Creations and tehains of binletings

Tomation, and Tepaire of Please Vormation of Drains

Clearing Ground for Colonial Church har ffices

Advances and other Transactions

H. Ms Défilomatic Dght and Conenlates

china aspes.

separate Acco

in

On Acce

t of the accountant General - of H. Mae Javy for diatresses Seamen __ Host Office.

Deposit's available repaid? Income Tax, transberroste the Come

Superannuation Contribution _Fr Steposits not available ichaid - Intestate Estate.

Estate in Chanery Pensions & Que.,

Balance on the 14 January 1847.

in the Strong Fault-

Kasure clust

542

134

933 158 1,603 39 367315 4304.11

86716 2

|

1/2/2

4142 3 1/

2496.

2,49€

t

et

d a

1618

25

36

254 20

250

505 - .2

34.0

96133

137 21-

6,78710

15692

8,356 12 114

£ 2616418

26,164.18 -

Statement of sums withdrawn from the strong tavit;

during

Gale

the Accarter front.

or P. Sctober to 37t Wecember 1846,

Aucherity

1846.

ber. Marant of it is be; the Governor-

Novr

هر

1

Lect

n

12

26

Treasurer of Hongkong in despert of. Mosses revived,

27

HM's Dischlematic. Cep., & Consulates in china during the quarter and 9314 December, 1866.

b

Atatement of shums deposited in the Strong Fault during the quarter from 124 October le 31 December, 1846.

Authority

belts & Warrant of His Exceitency the Governor P. 221.

Umcunt Gate

222

230

2000

3000

250-

3000

360-

34

-279-

seet

Volal_1_116348

being the amount ceaived

from

Commissariat China, this day.

the

Amount

15000

Votal £15,000

I William Thomas Mercer, de Solemnly und

tecont

xx

leting

Colonial

 correct statement of me to the 314 December 1846, and I make this Solenn declaration.

A seclared and hubsaribed before me

this 10th day of January, 1867

signer) &. B. Willier,

offy. Chief lengintents of title.

Sincerely declare that the foregoing

is a

true vives

Teasurer of the Seland of Hongkong from the 12. Coleter

cientiously believing the same to be true . _

[ Free Copy!

Macine

Signed W. K. Mercr

Actz Colonial Treasurer.

Colonial Sexetary

you of /is ven

£c"r*/9{ } @Y(c)$} ezenovaly pinges bpm 27. fo gran puny

24/7 openny esquissa - busyboop

Quarterly Return showing the Balances in the Colonial Chests on the first and last a - from 1th October, to 31th December, 1846.

1th October, 1846.

Rupees.

Cash.

Balance -

Receipts...

Total.

sbursements during

the Quarter-

Remains on the 34th December, 1846.--

wizz

in the Strong Vault ..

in the Chest

days of

The Quarter,

Spanish Mexican Sterling Total. Dollars Dollars. Coins.

3,842 1,578 4453 70 7284 08 789| 1|92|3644|2| 3684 1728 | 79,272 47 4638 61 5005|3|63|22,520|15 4,2104 3,306 83726|47|1922|69|5,794|5|44|26,164|18||0. 3634 1450 59,045 13 5,149|90|4379|16|41⁄2 17,808|5|02|| 3,847 1,356 24,631 34 6,722 74| 1414 8 | 114 8,356 12 112||

3,842 | 1,356 23,653 70 6261 79 145|18| 9|6,787|10|102 477 64 461 001268|10|24|1564|2|03|

5

+

ioners

n

the

f

by pursuance of the the instructions of the Lords Commission

Surveys to be taken January 1867, of the funds,

on the jet.

remaining.

Her Majesty's Treasury, I have caused. carmencement of that day in custody of the Colonial Feasurer and of the officers, in charge of the Strong Faul's respectively, and having carefully inspected the Reports of the Officers appointed by me to that duty, I hereby certify that I have found the results to be in strict accordance with "the statement of the Balances, as they are: shown

this Return.

Dans

28

No 5.

Financial.

to Teas : 12 Ah.

My Lord..

TA

MAR 23

1847

29

Victoria, Hongkong,

5th January, 1847

I have the honor to enclose herewith,

for your Lordship's inforination and that of the Lords Commissioners of Her Majesty's Treasury, Copies of the usual - Quarterly. Abstracts for the quarter ending.

December, 184 6. -

3/21

1. Changes in the holders of Offices and ____

appointments in. the. Colony of Houghing -

2. Additions to Salaries and Allowances

in the fotony of Stoughing...

3. Creation of new offices and appointments

in the Colony of Houghong -

The. Pught - Honorable,

The Earl Grey,

to. fo.

to

44. Payments of an unusual decoription and for extraordinary services.- андро

I have the hour to be,

With the highest respect,

Your Lordship's,

Most Bedient

Hruble Servant,

Mein

30

1

23 Maren hr. Blackwood

57.15

M..

Will you enable me to lay before did say any schgerümes

have to offer

2. Repe

There is nothing in this Report which demand Lord The chauss made in the official depts have all recd his Lordships sauction Gray's notice

The usual course.

is now to

this dup? to the Treasury Ame

January,

Ze

The Evil Grey. Jim J. J. Davis,

4 Malosures

N. 5.

Received

Fransmitting Quarterly

Returns

for the December, 186.

quarter endings 3/4t

Intered

C. E. Surelyen be

Forurially APR

MB

MBStephen M&Hames Earl Grey

In No 55 Jampi7.

464 Ahong.

Shi

31

12 April147

Carre devited by last Gray

to transmich to you.

He you for

information of the Lords

the

Commissioners of the Lusary

Paturies for following

the

the quarter ending.

Iyot

December som b. which have

bean suasived from the

Gouna of Hong Hay

in the Holders of

1 Changer in

Offices & appointment? -

2. Additions to Saleves and

Allowances

1

3. Crection of New Offices

and

descuption

4 Payments of ou

auch

unusual

for

extreonlivery Purces_

Shere

the Holders of Office,

Changes in

Name of the officer

Office .

lice, and Appointments in the Offices of Hongkong, for the Quarter ending, 31a2. December, 18460-

ine

If promoted: from Date of Governora another

If appointed by

If newly appointed

Despatch Respecting.

in the Colony, appointment on the column for description of former new appointment. appointment.

Amarks,

Name of the office

who formerly held apporriter, the appointment art and annual salary. dall of authority date of authority. annual salarys the sty

y

Colonial Secretary, Honble: IWA. Bruce 4000 Mon: Major Caines.

State.

1,800 this appointment Gover - out, Chief Magistrate : 2726 fovember, 1846.

was left to the Notification of

Governor by Level 192November, 1846.

Gray's doppalate. S

ral.

A.&. Shelley Faqe 1,000 Hor: Majer &

23 of 15th Jul 184 (||

Came

Kil

of 15 Decbr 1846

from byth

This appointment took effect last, the Late of The Hurdle 13 rece's affor ment to the Government of fewfound bonu, The Japa

Office of Cauditor you t

is now a boliated, the duties being annered to those of Colonia Sup At the they varated office on the 10th Noor, but receives salary to and of the quarter-

Mr Gordon resigneis torbe #idura you

er hem the office of Aveti General chased.

leave,

it's comphell adacty attorney

Clarkte Auditor general I. Ready. 250 Ellergan Surveyor General 4. J. Sorrows. Capt. 1,000 Chost yes! Chedin.

2579

rood

Collettes. 4.513f2

24"N" "bX 1846 N(r) 13 J

bottaller. 1.57% of the Duct Asst surveyor General.

Attorney General. WP.I. Studing Ex 1,500 on:Call Campbell Ext| 750.

Colt letter Nr 540

| 16th Dacbr 1846, "N° 15v3.

Mr. Sterling being.

m: Majorc for Caine 1,200 C.B.Herllier Eq C.B. Hillier Coff. 500 C. & Holdforth Exopra 500 C.G. Holdfortti Eeqf. 1879.100 I. Quin Augh all Gregor 250 - Dr J. Gel

1.200

Goonte Notification, ijs Ellagistrate $17 fummas, 1846=;

187.19

fott letter N. 387 of Assistant Juiler

500 Offr. Peter Young

Sco

1st October, 1816.

Chief Magistrate=

Yut: Magistrate_ quet Clark to Chief Magistrate Ine hector of Polic tolonial surgeon

Audit office, Victoria. Hughing, 4th January, 1847}

(FineCopy)

Colonial Learitary.

apo

Yon = draws half salary- look.

24 fox: 046 #1837. These Great from 27th me last; the chief Magistrate do draw only £ 1000 1 Jan 7.1867- Resigned 18th December, 1846. 30%. Fill died 30th Suhlb€ 1846.

734 0167 186No118-

Signed! M. Gaiv Auditor General:

lo Satasies, coding. 37

Additions le Satoms, and advances in the oqives of Wongkong, is the Chracter indling, 3P! Obiecember, ¿E/46.

Gale

Originat

Visent

e from sale and desonation gate of

which increase of tuitiosity too for appointment. Salary. salary salary draum. increase.

me

Column for Wemarks.

Office.

Jame.

Nil

Nil

Nib

Nil

Nil

Vil

Nil

Nil

  Audit Office, Victoria, Houghing, 10th January 1857.

}

(~ Buebopy. )

Volonial Secretary

(

(Signed) W. Caine)

Auditor General,

CAS

Conation of

Offices and Appointments in Victoria Hienghong zu the Pearler ending 3141) camber, 1846.

fate und demrikhonel the Fate of the Sovement Despatch authority or instruction and to Hall'stovemment in Annual Atrointiment and from W. It'sywomment in tengland, respecting the

England, in consequence of transactions, in cases where which the appointment we previous author to thority made.

Gate of

Office.

Jame

Salary

of authority from

the Governer.

邓小毋

have been received.

may

ictumn la demartes

for

The statement of any

particular case, and

fpecial circumstances.

_Nil_

Nit

Nil

Nil

Vil

Nil

Nil

Audit Office. Victoria, Hongkong, 4th January, 1847.

End Copy/

Bacin Colonial Secretary

(Signed) W.Caine.

Auditor

for General .

t

Comments

nts olan

amounting to not less authority Lam Wer Majesté's

ol' an unusuat describiien, and ser extraeráinary Arvices,

see than 1.200 cain, whien have been incumed writiont invo Secretary & state, su tine Quarter ending $125, 4 címber, 1844.

ale and description of

Whate of the Governaré

the authority es ens suction Despatch to For Column los Comarke

vitans from.

Majesty's govemment

Particular caser

in any particular Authority Hajtsky's Sevemmenti in augland deshecting out for the statement

Gate of

Gunription

Service,

Imount. To echem

raid.

Brenn Sevcener.

in England, in

the transaction,

of which the ccequunt notere

modet.

Nil

Nil

Nil_________Nil__

Nil

Audit Office Victoria,

Hongkong, 4th January 1847.}.

(Pruebapy. 7

Colonial Secretary.

C

in cases

àrevious un

authority may

bien received.

Nib

have

am Sheciaé. Carcininstances. -

(Signed) M. Caine

Nil

Auditor General

C-7

NC

Financial.

Copy for Treas: 7

"And" *-99-17 May 1

465 Honey How;

36

RECHIRE

MAR 23 1847

My Lord

Vrectoria, Hongbing 13th January, 1847.

I have the honor to enclose a

comparative statement of the Parliamenting votes for the Civil service

of this belony for

two years,

• years,

with the actual charges, after

deducting the Revenue. In the head of charges are included the disbursements of the Colonial agrit in England to the latest dute received. It is highly satisfacting to find that upon the two years there appears bulance in faver of the Government of £5759.7 .0 . As the charge for the publie Works of the ensuing year is likely to be more than usual, (including above £14,000 for the public Offices alone) Strust

The Right Honorable,

The Carl

Ic!,

Ac

Grey

Sci

that the above balance may be made available

The enclosed letter has been received

in

from the Treasurer, applying for instructions as to whether he is to incorporate in his own Accounts, those of the Colonial

agent. England. No instructions whatever have been discovered on this point as emanating

from Her Majesty's Government . Were the Colonial Revenue equal to the Cxpenditure, the amount of the agent's disbursements must be remitted,

d from hence; but under the supplementary votes from Parliament : I conclude that the Account of the agent well be adjusted at the Treasury.

I beg to forward the Colonial

Treasurer's application, and to add that dew attention will be paid to specific instructions in relation to it

any

from the Treasury Department.

A 2.

I have the honor to be,

With the highest respect,

37

Your Lordship's

Most Obedient,

Humble Servant,

рват

23 March

Ad. Hawes

Find is for the information

& decision of the Featuring

23 he

?

* f

23

The Ear Greys.

Fin J. H Davis,

13th January 1847.

N. 6.

2 Inclosures

Received

Fransmitting accounts of the Colorial Agent and 1848, and altering to the the Colony, for the years 1945. Votes and Civil Expenditure of Statement of the Parliamentary Comparative

in England.

:

C. P. Tren Gyou Gre

L

7

38

April 1047.

T

6-13 January 1047.

I am directed by lost

Grey

to transmit to you

for the information of t

the

Lords Commuprivers of the

Kustury the acompanying Copy of a Despeth from the Governor of Mory Hory

enclosing a comparativl

Statement of the

Grants a

6 of the Parlamentary

Civil Exprenditore

of the Clony for the gears.

1845 and 184b.

together

with

the Copy of a letter frome

the beat Freasurer apply: ving for instructions as

to whether be it to incorpo:

vote in his

очень

Avounts

there of the Colorval Sput

on this

Country.

Shave

Govern & Davis.

119.47

warfelly MAY

Stephen 16) Mawes Earl Grey

Fir.

39

93. 17 May 147.

I have to actmintide

the receipt of your despated

No6. of the 13 Jawd, transmitty

a comparative statement of the Parliamentary notes for the Cirl Sevice of Hong Kong,

and of the livsl Expenditure of the Colony for

Mea

to years 1845 and 1846, together with the

copy of a

Letter from the Treasurer

to be instructed.

Applying for it to an

to whether be should

recorporate in his own

Accounts those ofthe Colonial Agent in Expland..

Naing referred

11 May 147

your despatch to the Lerds Commipeines of the Treasury

I have now to hrausmit

to you, for your information And gridanx the copy of

their Lordship's answer with

the

copy of a Report pom

у Commissioners of Audit

the

stating

that on are

examurcation

offthre comparative statement

have sent home.

you

instead of

as you.

there being

Landsk

had to believe.

balance, on the two years

£5959-7.0, in facon of the Government of Hong

Thong, there

is, in

reality, no balame in favon

F

ofte Gust.

40

For with perceive

You

that the Lords Commipiones

are of opinion

of the Treasury that the accounts of the Colonial Treasurer should be confiried to his own Cash hausactions, and

should not comprège

avy

statement of the

Expenditure depayed by the Colonical Acent in the Country on account of Hong Kong

Shear

"

41

Parliamentary botes & Civil_hupenditure for two years

1845 and-1846.

1845.

te for Year ending - March, 1846. Civil Charge....£6598/25

Jeduct Revenue - 22.242.8./

£4435610.4

Civil Establishment, and

1846.

!

Public Works £.49.000.000

Civil. Charges

60312.0.9

Jeduct Revenue 27067.0-8

£33,265% 0% 1

Vote for Year onding March, 1847.

onial Agents Ricbursements

Civil Establishment. and

for two years.

Contingencies £36.902.12.0 Balance in farm of Government. 5759,7-0

2519-14-7 £80141.5.0

£85.900.12.0

True Copy,

Colmial - Secretary-

£85900.12.0

! Copy

N

b

42

Colonial Treasury, Victoria, Hongkong, 11th January, 1847

The Account of this Government for

the half year ended 30th June list with Mr. Baillie, Agent General for brown Colonies,

in this

into.

that.

having been lately handed to me, and there being Office - no directions for bringing the same - any Accounts, I have the honor to request - 1 you will procure from His Excellency the Governor, such instructions as will enable me, if necessary, to notice, or incorporate with my own, these Accounts of M Baillie, of which up to this date, four have been received, viz. from the end of June 1844, to the end of June 1846; and

• of these have been brought into the

mone

The Honorable,

Major William Caine,

"Colonial Secondary,

to,

Le

Je!

Accounts of the Colonial Treasurer

I have, 40,

(Signed).

W. R. Merar.

Acting Colaveil Treasurer

Happy

Colonial Secretary-

Duplicates.

Dy

Military.

My Lord,

43

Victoria, Hongkong,

th

15th January, 1847

I have before had occasion to report

the improving health of the European troops of this garrison, in proportion us they were provided with suitable barrack accommodations, and as

the

- general drainage of the Colony advanced. The experience of the year ending with the 37th December last, has more than ever tended to confirme this cheering prospect.

The following statement on hibits at one view the progressive improvement, since 1843.

Year

Number of Deaths in Kuropean Force:

Number..

1843-1844-1845-1846.

373-216. 143. 56°

-

The Right Honorable,

The Earl tрey,

Je,

Hei,

Yer

The total European force by the

"Weekly State returned to me on the 3o%

1846.(the

3rd January

commencement of the last year), was The annual mortality was therefore not more than about 6 per cent.

911.

I have the heuer to be,

With the highest respect,

Your Lordships.

Most Obedient.

Humble Servant, Dani

44

M. 8. J Miscellaneous

My Lord,

váy trong sáng

45

MAR 23

18447

Victoria, Aughong,

19th January, 1867.

In obedience to Her Majesty's

Instructions, I have the honor to transmit

Copies of the Minutes of proeedings p the Greentive and Legislative

با مبرر

12.

in

Councils

f

this folony, for the half year ending the

31th December, 1846.

I have the honor to be,

With the highest respect,

Your Lordship's,

Most Obedient

Humble Servant,

You7.

Aup: N. 7.

Sir J. H Davis,

15th January, Grzy

Received

31tt Lesember, 1846. 4 successive years, ending the European Troops for improvement in the health

Reporting the progressive

E

The Right Honorable,

The Earl Grey,

te.

to.

te.

Ontly.

23 March

The Earl Grey.

hir J. Z Faris, 19th January, 1847.

No 8.

2 Malosures.

Received

Year ending 3/theer, of Hongkong, for the half and Legislative Councils

Minutes of the Executive Transmitting Copies of

1846..

ING

Financial...

Inc. in mig: to Kis

460 Hong Kory

D

RECENFE

ME 23

46

Victoria., Honghong.

21th January, 1847.

My Lord have the house to enclave for

I honor

1846

Your Lordship's information. and that of the Board of Treasury a Copy of the Treasurer's Annual Account for this fotony, comprising the total of his four- Quarterly Accounts for the year-

transmitted to Your Lordship.. I have the honor to be, With the highest respect,

Your Lordship's,

already

Most Obedient- Stumble Servant,

The Right Honorable.

The Earl Grey,

te.

to.

to

47

RECORD

A

Victoria, Hongkong, 21st January, 187. Fin J. F. Davis the Cave Grey Carl

و جرای

/Malosure.

Receives

Fransmitting copy of the

Acting Treasurers Annual Account for the

Year

ending 311⁄2 Secember, 1846.

i

J

pany 67

y Jo

urfer comping yousy ET

For

A

کیم کے

ZIT

8 DID.

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Account of W. T. Mercer Acting Colorinnal Fusigrar of Honger

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12.2004

A A A A Hovernor,

BB

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Revenge

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Internal Revenue

Ott Jaux for Quiblings in beton $416 19 11 2886 € = 204, 2. No 1278 / +5 23 68 9 2%/4

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Chenile Village -Cultivation

en Thank Yolk

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Heneral Departement-

2. R22 fotonent Secretary,

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nXXX John Funk,

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Hatement of Soms withdrawn from the fotoment Strong Fault during

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1846

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طرح سلاح الترم شدم

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Few was of the Stand offthongsang firm in Mercado solemnly gye Sove seclares tigh the pragomir Newness

the 84 if January to the 3th of Duemen 1846, and

Total My

is a hour and correct Statement of my Nucrunt as Alling stomis (Degrus)

Mr. Meran Acting folonist Frexture. S. Mittleri fania Angite Secret, de fortably that damn crammed recvent with the Araiterly Fecounts of the four Runding hearter, and that Mani

Snake this Solleur destination, conscientiously believing the taunch to tone.

 lored and. bufsigibes before mi Bus Fourth day of January 1847:1f.

Ihr Erich Megekete of forhin

Funeral I have found the same to be correct.

(Irne lopy Motomat Secretary.

March Sun Septembe. Decenter. Lotel

52

No 10. Executive.

23-1. AmiG47.

my

RECE

MAR

Bx17

469 Hong Hores.

My Lord,

53

"Victoria, Hongkong,

22nd January, 1847.

Shave the honor to

report for Your Lordship't information that the capital

Sentence of the Law

exeanted

was

the Pirate "Choong

-teen soong",

a native of China,

yesterday the 21tt Instant,

in pursuance of his trial and conviction before

Court held

an

Admiralty

the 14th Distant

under the Commission received

from England.

The Chief Justice

The Right Honorable

The Earl Grey,

te te te

криеме

December, 1846.

for the year ending 3/24

Copy of the Acting

Treasurer's Annual Account

who

was

the

presiding Commissioner

 at the trial, was specially summoned

to attend a

Keeting

of the Executive Council, held for the purpose of considerings whether the sentence of the Court should be confirmed

otherwise

ffered

and

له

he was

in

-

on

As nothing was favor of the Convict, the Pirnay in actively concerned had

which

been attended with aggravated

circumstances of cruelty

* Murten,

I

confirmed

and

the sentence

 with the unanimous consurrence of the Council

This being the first.

example which

we

have been

able to make with reference

to

a

crime too prevalent

in the neighbourhood of this

Colony,

54

I directed that the excaution should take place

at mir

mid-day, morning, and

was

well

instead of

as

the

the culprit

Known in the Colony,

and his execution was attended

by about five thousand Chinese, there is

reason to hope that the best effects may

result

from his unavoidable punish = =ment._ the report of the case

is contained in the "China mail

for the 27th January, transmitted by this despatch.

An Englishman names William Keltwin having produce

evidence which led to the Conviction of the Pirate in question at the late Admis : ralty Sessions, it was resolved in the Executive Council

=

that

a reward of 50.Bollars

should be

his services.

given

to him for

in conting

the

culprit to be brought to

Justice, according

to a

notice

which had been given to m that effect before the wrest of the Criminal..

Shave the honor to be, With the highest respect, Your Lordships,

most oferient

Humble Servant,

dani

55

23 March. hd. Hawes

I suppose that this wit be sufficiently and ? by an acknow= ledgeit. of the receipt of

4.23

دیتے

The Earl Grey.

Fir J. 7. Davis, 22 January, 1867.

Received

t10.

of the

the 21th Jahmary.

Reporting execution Pirate Choong-teen-soong

Intered.

John Davis.

BL

30.

30

1/

31

Ser.

(03)

56

1. April 47

There to acknowledge the

Receipt of your Despatch

$ 10 of 22 January exporting

A

the execution of the Penite Choong tentoony, Native of Chicsia, Shave

J:11. Legislative.

RECEIT

MAN 23

57

470 Houx Morey

Preistration Prote

Victoria, Hongkong,

I couchers Cher fare registered (

7.

My

1(the 23rd

January, 1867.

: inmates) wis bed applie is notion of Chricese

Lod

I have the honor to

enclose here with

& Copy

passed

f

a

certified

Ordinance N. 7 of 1846,

the 31st December

last, and entitled "An Ordinance

repeal Ordinance N. 18 of 1844,

to establish

a

more

ef.

- fectual Registry of the Chinese Inhabitants, and

a

Census of

the Population of the Island

of Hongkong."

The affectual Registration.

of the Chinese for the purposes

The Right Honorable

The Earl

Grey,

te te te

of Police has always, from the

many cases

fluctuating and in many abandoned character

of

the

population, been extremely difficult. I have the honor to

transmit with the new ordi=

Extract from the 12-

- nance

an

Registrar - General's Report in which he had stated the principal objections to the

working of

the Ordinance

now

repeated by the one forvarsed.. I appointed

a

Board

consisting of the Chief- Magistrate, the Superintendent of Police, and Mr. Gutzlaff to consider and

"the Registrar. Generall

report

proposals, and

the new

grounded.-

по

their Report Ordinance has been

The principal improvement

consists

58

in the Registration of Houses and their occupiers, (who

are

under certain circumstances

made answerable for their inmated)

instead of registration of every

the promiscuous

individual

Chinese, which rendered the the Registration

labour

of

Office at once interminable and migatory..

the

new

Adinance

is expected to be attended with the best effects, and seems to

have

given

much

Satisfaction.

Shave the honor to be,

Wick the highest respect,

Your Lordships,

most obedient Humble Servant,

ہے

23 March

The R. & C. Cou!

Fin

Bavis

The Cart Grey.

23rd January, 1847.

مرین کروز

2 malosures.

Received

Bransmitting copy of, and Boinance N. 7.

reporting

on

otte Island. If Hongkong..? "Census of the Populations of Chinese Inhabitants, and a "more effectual Registry of the of Self, and to establish a If 186, entitled In Ordinance repeal Ordinance No 18

Patwed

Davis.

(84)

59

8 Aprilsug

Mr Stephen

Mallawes

There ruined and buil

before. The Lucien on bratenie

Jesus by yourself

and

the Legislative Council of

on the 30th Deev:

Horny Hong on

1846

1846. entitled 27 of coub " love bolivianed to repul

Orebinence de 18 of 1844. and hi

establish a more effectuat

Registry of the Chinese Seheblouts,

and a Census of

the population of the

Island of Hong Horry"

Ihm verived The Luce's Commends to acquaint you

hos

 Which Her Majesty been. Jeleased to confirm

and allow this Ordinance_

will

 You Ingistys signified

Cause Her.

decision to be

the

of Hong Hory by

to be Guthis heal

Inhabitants.

a

Proclamation

in the

usual and moch authentic

Яньми

there

HONGKONG.

ANNO DECIMO VICTORIE REGINÆ.

No. 7 of 1846.

By His Excellency Sir John Francis Davis, Baronet, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE TO REPEAL ORDINANCE No. 18 or 1844, AND TO ESTABLISH A MORE EFFECTUAL REGISTRY OF THE CHINESE INHABITANTS, AND A CENSUS or THE POPULATION OF THE ISLAND OF HONGKONG.

[31st December, 1846.] WHEREAS the Islands, Ports, Harbours, Coasts, and Placen near and adjacent to the Island of Hongkong and its Dependencies are infested by Pirates and Robbers; and whereas it is necessary for the Protection of the Lives and Property of the Inhabitants of this Colony, and in order the more effectually to prevent Crime, that such Pirates and Robbers, and other Persons of notoriously bad Character, should not be permitted to resort to or reside in the said Colony, and it is deemed expedient to repeal Ordinance No. 18 of 13th November 1844, entitled, "An Ordinance to repeal "Ordinance No. 16 of 1814, and to establish a Registry and "Census of the Inhabitants of the Island of Hongkong," and to substitute other Rules and Regulations in lieu thereof:

Title.

Preamble,

Repeal of Ordi- nunce No. 18 of

I. Be it therefore enacted and ordained, by His Excellency the Governor of Hongkong, by and with the Advice of the Legislative 14. Council of the said Colony, that the said Ordinance No. 18 of the Year 1844 be, and the same is hereby repealed, save and except that the Office thereby established, and therein called The Census "and Registration Office," shall continue for the purposes herein- after mentioned, and the duties and business thereof shall be discharged and performed by a Registrar-General and other Officers and Assistants to be nominated by His Excellency the Governor, and which said Registrar General, Officers, and Assist- ants shall receive such Salary and Salaries as His Excellency the Governor in Council may be pleased to appoint, subject to Her Majesty's pleasure.

Duties of Regie-

II. And be it further enacted and ordained, That after the passing of this Ordinance, the Registrar-General appointed by trar-General. Ordinance No. 18 of 1844, or to be appointed under this Ordi- nance, shall, while he continues to act as such Registrar-General, be Joint Superintendent of Police, a Justice of the Peace, and Protector of Chinese Inhabitants in the said Colony; and that it shall be his duty to use his best endeavours to prevent the com. mission of crime, and to discover and apprehend the perpetrators thereof, and generally to protect the Chinese Inhabitants of this Colony; and for the purposes of this Ordinance the said Registrar- General is hereby authorised at any time or times to enter any house or boat within the Colony or adjacent waters wholly or partly inhabited or manned by Chinese.

III. And be it further enacted and ordained, That it shall and Registrar-General, may be lawful for the said Registrar-General, with the sanction of by direction of the

Governor, may di His Excellency the Governor, or Officer administering the Govern-vide the Colony into ment for the time being, to divide the Colony of Hongkong into Districts. districts; and that the Officers appointed under Ordinance No.

...

60

Numbering of Chi- nese Houses.

Tickets to Chinese Householders.

13 of 1844, and therein called Paouchong and Paoukea, shall be obedient to the orders of the said Registrar-General, and shall at all times make such Returns and do all other things for the pur- poses of this ordinance as shall be required of them by the said Registrar-General, under a Penalty of not more than One Hundred Dollars.

IV. And whereas, for the purpose of giving greater facility to the carrying out the intentions of this Ordinance, it is necessary and expedient that all the houses in the Colony of Hongkong inhabited by Chinese be numbered: Be it therefore enacted and ordained, That every Chinese Householder shall cause to be affixed to his house a painted Number of such description, and in such manner as the Registrar-General shall direct, under a penalty not exceeding Forty Dollars.

V. And be it further enacted and ordained, That for the benefit and protection of the well-disposed and honest Chinese Inhabitants of the Colony, every such Householder shall receive a Ticket in English, signed by the Registrar-General, containing such parti- culars as the Registrar-General shall deem expedient, which ticket shall be produced when required, under a Penalty not exceeding Twenty Dollars.

Householder to VI. And be it further enacted and ordained, that every such issue Tickets to all Householder shall cause to be hung up and exhibited in some Residents on his Pre- conspicuous part of his house, a Board inscribed with a true and accurate List of all Persons resident therein, and shall deliver to

mises, &c.

Householder to fur-

every person so residing or living in his house, a ticket sealed with his seal, and containing such particulars and of such form as the said Registrar-General shall direct, under a penalty of not more than Twenty Dollars, and which said ticket shall be given up to and cancelled by such Householder, whenever such person or persons so residing or living in his house shall cease to do so; and the possession of such ticket by any person whomsoever shall be primâ facie evidence of its delivery by such Householder; and if any such Householder shall deliver any such ticket to a person of notoriously bad character, or if any person while resident in the house of such Housebolder without such Ticket, shall be convicted on the oaths of one or more credible witnesses of felony, then and in any or either of such cases, such Householders shall be liable to a penalty of not more than Twenty Dollars: Provided always that the penalty last above mentioned shall not be levied where such Householder shall bring, or use his best exertions to bring, the offender or offenders to Justice.

VII. And be it further enacted and ordained, That every such nish Registrar-Gene- Householder shall at all times give the said Registrar-General zal with all required such information as he may require of him for any of the purposes information, and re- of this Ordinance; and shall also report to the Chinese Officer of port to Chinese Dis- the District in which be shall reside, all marriages, births, deaths, trict Officer changes and every change connected with any person or persons whatso- ever arriving in or departing from his house, under a penalty of not more than Twenty Dollars.

in his House.

Registration of Chi- nese Servants in Eu- mpean employ.

Domestic Servants

VIII. And be it further enacted and ordained, That for the benefit and protection of the European Residents of this Colony, every Chinese domestic servant, artificer, or workman residing on the premises of and employed by Europeans, shall, on producing to the Registrar-General a certificate from his employer or employers, and having obtained Chinese security to his or their satisfaction, be furnished with a Registration Ticket by the Re- gistrar-General containing such particulars as may be expedient, and that the absence of such Registration ticket after the tentli day of service, shall render such domestic servant, artificer, or work- man liable to a Fine of Twenty Dollars.

IX. And be it further enacted and ordained, That every such &c. to deliver their Chinese domestic servant, artificer or workman having obtained Hegistration Tickets a Registration Ticket as aforesaid, shall deliver the same to his to their employer, &c. master or employer, and the said registration ticket shall be returned to him duly endorsed by the master or employer when- ever the term of service shall expire; Provided always that if such domestic servant, artificer or workman shall leave his master or em- ployer without permission, or shall so misconduct himself as to be dismissed, then the said master or employer shall deliver the ser- vant's Registration Ticket to the Registrar-General with the cause of such domestic servant, artificer, or workman leaving his service endorsed thereon.

X. And be it further enacted and ordained, That after the date

Prohibition of Un

of the passing of this Ordinance it shall not be lawful for any registered Hawkers. person or persons to hawk Goods or Wares of any description whatsoever on the streets or roads of the Colony under a penalty of not more than Twenty Dollars, unless specially permitted to do

so by the said Registrar-General, who shall enquire into the cha- racter and receive proper security for the good conduct of such hawker, before such permission shall be so granted, and that the said permission may at any time be forfeited on conviction of any offence before a Police Magistrate.

Chinese Boats, & c

XI. And be it further enacted and ordained, That every Chinese Boat, or Vessel plying for hire within the waters of this Colony, or to be Registered. carrying passengers between this Colony and the neighbouring ports, shall obtain from the Registrar-General a certificate of such form and under such security as to him shall seem fit, upon payment of a fee according to size as in the Schedule hereunto annexed marked A, and while in the waters of this Colony such Boat or Vessel shall carry on each Bow and on the Stern the number of its Register Ticket, painted on wood or tin, which Ticket to be affixed number shall be supplied by the Registrar-General; and if any to each Boat. person being owner or master of such boat or vessel shall let to hire or ply, or cause to be let to hire or plied, any such boat or

Number of Registry

vessel within the waters of this Colony, without having first ap- Penalty on Boat plied for and obtained such Certificate of registry, or having Owners. obtained such certificate, shall not have affixed the number thereof

on the bows and stern of such boat or vessel as aforesaid, or shall shew a false Certificate of Registry, one granted to another vessel, or shall permit or connive at the said certificate being made use of for any other vessel, or shall paint or exhibit a false number on the said boat or vessel, or shall refuse to shew such certificate of registry to any person when so required, he or they shall in any or either of such cases for every such offence forfeit and pay a sum not exceeding Fifty Dollars, and be liable to con- fiscation of the boat on non-payment of the fine; Provided that these provisions shall in no case apply to Vessels visiting the Colony for the purposes of Trade.

XII. And be it further enacted and ordained, That from and Squatters ou Crown after the passing of this Ordinance any person who shall reside or Lands. continue to reside on the Crown Lands in this Colony without per- mission from the Registrar-General, or shall erect any Dwelling- house, Mat-shed, or other Building thereon, shall be liable to a penalty of not more than Fifty Dollars and the removal of his House or Shed, in accordance with the provisions of Ordinance No. 14 of 1845, called "An Ordinance to Repeal Ordinance No. 5 of "1844, entitled an Ordinance for the Preservation of good Order "and Cleanliness within the Colony of Hongkong and its Depen- ""dencies, and to make other provisions in lieu thereof."

Suspicious charac-

XIII. And be it further enacted and ordained, That it shall and may be lawful for any Police Magistrate to cause any person ters to find security being a Chinese who shall be brought before him, to find reason for their appearance able security for his appearance at any time within twelve months, within 12 months. whenever he may be required to give evidence in any Judicial Proceedings, or answer any Charge that may be preferred against him; and in case such person shall fail to find such security, and shall not be a permanent resident in the Colony, such Police Magistrate may order such person to leave the Colony and not return thereto, under a penalty of not more than Fifty Dollars or three months' Imprisonment with or without hard labour.

XIV. And be it further enacted and ordained, That every Penalty for non- Chinese who shall not possess a Registry Ticket in conformity possession of a Re- with the provisions of this Ordinance, or shall wilfully conceal or gistry Ticket, and for falsify the particulars of any information required of him for the crasion or infringe- ment of any of the purposes of this ordinance, or shall give a false name, or descrip- chases of this Ordi- tion, or shall transfer or lend his registration ticket to any nance, other person, or shall wear or shew the registration ticket of another as his own, for the purpose of evading the provisions of this Ordinance, or shall in any way infringe the provisions of this Ordinance, he shall, where no other penalty is hereinbefore spe- cially provided, be liable to a penalty not exceeding Fifty Dollars for any and every such offence; Provided that nothing herein contained shall apply to any trader or other person coming to or going from this Colony for any lawful occasion, should he be able to give a respectable reference if required.

1

61

Rr. fee.

Recovery of For

XV. And be it further enacted and ordained, That any person feitures and Penalties, who may enter into any security to be taken by the Registrar- General or by any Police Magistrate under this Ordinance which shall become forfeited in its conditions, such person shall by such forfeiture be considered to have incurred a penalty of not more than the amount of such security, which penalty shall be recovered with all or any of the other penalties mentioned in this Ordinance in a summary manner, before any Police Magistrate, under the pro- visions of Ordinance No. 10 of 1844: Provided always that the penalty of Imprisonment shall not in any case attach to the viola- tion of any of the provisions hereinafter contained respecting the Returns to be made by any Householder for the purpose of any Census so required as hereinafter mentioned.

Census.

XVI. And be it further enacted and ordained, That for the purposes of the census, the said Registrar-General or such other officer so to be appointed as aforesaid shall, when and so often as he may be directed by the Governor and Executive Council, cause to be delivered or left at the residence or place of business of any or every householder or householders, being Europeans, Natives of India, or otherwise, a blank return to be filled up before a certain day to be therein named, with the names and number of persons in his or their employ or residing within his or their house or houses, or on his or their premises, and shall in every such re- turn distinguish and describe the name, sex, country, and occupa- tion of every person so resident, and also whether any and which of them be either Aliens or resident Strangers; and that on or after the said day named in the said Blank Return, the said householder Returns to be made or householders is and are hereby required to transmit the said by Householders.

return or deliver the same on demand within five days after its being left at such Residence or Place of Business as aforesaid, so filled up, to the said Registrar-General, or such other officer so to be appointed as aforesaid, and on failure to do so, the said house- holder or householders shall be liable to a penalty not exceeding Fifty Dollars,

Interpretation clause. XVII. And be it further enacted and ordained, That for the purposes of this Ordinance the term Householder shall be taken to mean the person acting as master of the house for the time being, or should he not be found after due enquiry made, the owner of the house, or the agent or person acting for the owner of the House, being Chinese, and where a house is tenanted by several individuals as partners or otherwise, then any one of the said part- ners or individuals. And the term House shall be understood to mean any dwelling-house, shop, outhouse, or other building whatsoever, and the term European shall be taken to mean all persons other than Chinese, and the term Chinese shall be taken to mean all natives of China or Chinese Natives of Hongkong or elsewhere, and every word importing the singular number only, shall extend and be applied to several persons as well as one person, and every word importing the masculine gender only shall extend and be applied to a female as well as a male, unless where such rule of Interpretation shall be inconsistent with the context

of this Ordinance.

Large Fast Boats Middle Sized do.

Small Sampans

do.

"

SCHEDULE A.

$ 10.00 annually

5.00

"

3.00

Passed the Legislative Council of Hongkong, this Thirty-first day of December, 1846. L. D'ALMADA E CASTRO Clerk of Councils.

" 00.50

J. F. DAVIS, Governor, &c., &e.

Liftmare a fastro

Clerk of Council.

62

Extract of a Peport from the Officiating

Registrar beneral, dated 10th October, 1846 .

be

The Registration of the Chinese can wor

More

than

any thing Police department, the

le

never.

an assistance to the

& general officiency of which. the nature of its non-

depends entirely upon the nature-

construction, and the system adopted, in

relation to the habits. manners, and

6 general__ character, of the people. Yet there are

- points in- which the present system- of Registration might.

be materially improved.

Jetty

Cases

both persons

find that in many and boats produce a supposititions security,

such shop existing,

existing, as the

one,

140

the impression

of whore seal, they profess to produce--

gudly In cases where the security

identified,

there

can be

being no penal clause in- the Registration Romaner, calling for

J

63

individuals being registered, to provide.

security,

-

the Mag

Magistracy must-remain

at a loss for an authorite to punish parties

securing

bad - Characters.

31dly I have detected individuals

applying

 to be Registered, for & Months; the large number registered, prevent my recognising those who have been- formerly entered ow my books, and I think it is probable that one eighth of those registered during this year, have been so,

have been so before.

This

the third time within

causes

• great confusion in the Inder of the

an unnecessary loss of time, to Government in book's tickets

Gyver Register

au

expence

to, and renders void all the expected_ assistance in taking the census. 4thly I am frequently obliged to suepend_ the Registration while occupied by my other duties; whether, granting boat tickets receiving monies, settling disputes, matting up my books, visiting villages to, which

obliges many

remain

who call at the Office, to

unregistered - for

some time, thereby

subjecting them to the penalty provided-in-

such case.

5thly It is impossible to enforce the_

painting of the numbers on the stern and Bows of Boats in the Starbour, the people

of being ignorant where to

·

to get it done.. fothly It would be desirable that the Office

should at least pay

ytaty

its

tion

expenses.

:thly Two thirds of the clauses of the present Registration. Ordinance, are a dead. letter, and force might be improved.

those in

In order to amend these several objections and to obtain the result to be- desired, after carefully weighing each. separately for endeavouring

some time-back, and

to ascertain, what would

probably form the best-remedies, I bez most respectfully to submit the following. proposed amendments for the consideration.

64

of

1 His hycelleney The boremua, stating the

in the same order, and in connection with the seven clauses above.

jetly I would propose that the Tepos of

Me

with-lists

Victoria shall provide

f ll the most respectable shops, with their seals impressed below each shop's

name-

(Chiu-pai_ ); and on the 14th day of each-

ch-me- with the changes

month furnish

during

furnich-me-

the past month; this list will_

Serve as a

reference, and any forgeries

thereby be detected, while shops cloring

business

may

2ndly That a

be blotted_ out - monthly.

may

a penal clause-be inserted - in the Registration_ brdinance-rendering any shop subject to a fine - which

           may cure an individual by the impression_ : their Seal on any paper bearing his

name,

   should be afterwards commit-any breach of the laws and abreond, or be

of t

onvicted before my

Court

of Justice.

zidly that in order to render the people-

June

careful of their certificates, a small- charge be in future laid upon every

Ticket. resued-, of say a half Rupee- and which. I have reason to believe would not be objected to by the people as it would not - affect the bulk of the population who are Registered, and it soould- the inhabitants of some of the village. the opposite shore, many of whom I ___

understand

already

- prove a

check-to

Oh-

present themselves here- and are registered_ as inhabitants of the felony. If they That- a respectable Portuguese Clert- who speaks Chinese be attached to this Department, so that the Registration. procced-without- interruption, and allow

could

me more time to attend to the Stevenue-

Department the small-charge - on the_ vertificates which he could- iseve whilet I am otherwise unavoidably engaged.

than pay his salary

would much.

inore

time is

 at- present a great portion of my occupied in performing the duties of a Clerk- to the prejudice of the Registration. 5thy That a supply of Boats numbers painted on Tim be always on hand to issue- at the same time as the corresponding Boat Ticket, at an extra charge of say the Slupee ; they

can be procured in the gross for probably half this amount or less, thus adding

to the Revenue.

[thly That in addition to the sources

Revenue

f

   referred Registration of Street Hawkers be instituted, and a supply of Badges of Tin, painted_ and numbered, be issued at a charge of One Dollar, to be changed annually; this

to in clauses No: 3 and 5

Eng

would

  materially check the precent system I bad characters professing to be Hawkers, as a cloak to their proceedings, and save the Police much trouble as those who were- secured at this Office would wear

the

ར་

65

Badge conspicuously on their Basket- od

dress and others could be treated as

Shove

7thly

on

vagrants;

Ordinance

registered_ upwards of a Thousand- professing Hawkers this year.. for That the Registration be remodelled; rejecting such of the --

clauses as cannot be enforced, and including others which experience point- out to be necessary.

existing

(True Ixtract)

Maine Colonial Secretary.

J. 11 41847.

Endlosure N. 2 in Delf

F

1

iteport prom

1186/1846.-

it Fotober, 1840.

Registration Brdinance -Gevers as to the befects Ffficisting Pegisters

J. 12.

C. D

Miscellaneous RECEIVE

uy trong cộng

MIR 23

My Lord,

66

Victoria, Hongkong,

26th January, 1867

With reference to my

Despacal. No 134 of 20th November last, have the honor to

acknowledge the receipt of the

following despataked, on the 23rd Instant..

Originals - Nos 25 to 445_ the last

b

of 17th November.

Circular 30th

مچھ

30th September.

42.7.8.x26

-

8+ + 24 October.

Suplicates - No 13 to 24 - N$ 26 to 28.

#

Circular - 24th August..

میشه

30%

#h September.

The circumstance of the

The

"The Right Honorable

Earl Grey,

ta. Sc.

arrival of two mails together, conveying 37 new sespatches from the Colonial and Foreign Offices conjointly, while only six whole days intervene before the departure of the mail, will I fear interfere the Rule which I prescribe to myself, of answering every Despatch if possible by of Steamer._

with

return

I have the honor tobe, With the highest respect,

Your Lordship't,

most obedient

Humble Servant,

67

23 March.

Putty.

The Earl Grey.

7 Davis,

26th January, 1847.

Ressiver

17th November, 182b; to

Despatches & N. 45

Acknowleveings receipt

J

N. 13.

492 trong sáng

Judicial.

Anst 81-

Phanchy is

RE

CEIVED

MAR 23

My

1847

Lou,

Victoria, Hongkong,

28

68

98th January, 1847.

in the receipt of your Lordship's seepatch N. 44 of November 19th, conveying ther Maputy's disallowances of the Rules of Court not approved by the Legislative Council,

of which

was

by

one

an interval of Six months

made to elapse between two Criminal Sessions, I received the enclosed from Mr Hulme: for

transmission

a

shape

as th

conched.

terms

to

Your

Lordship, in

disrespectful externally,

The Right Honorable

Ith Earl Grey,

in which it is

The

ނ

The pleasure of Her hajestigt Government that the Rules of Court should be

subject

to the approval of the

was

early

combated

Legislature

the

ground of

by Mr Hulme, on his alleged "dignity", and I had

in

: hoped that he would acquiesse

 in the instructions conveyes Your Lordship's seepated t. 12 of August 15th - which observed with reference to the above allegation compromises,

that as "to

any

this mode

processing, of the rights

f

    of the rights or dignity of the Supreme Court, it seems

Jay

Jay that the

sufficient to

course which has been established

now

     in regard to these matters in Hongkong has abeary

been established in all the

69

other Colonial dependencies of

the

Crown"

Your Lordship will infer from the conchisings Paragraph of Mr Helmet enclosed Letter that he is hardly

M

the

prepared to submit to the disallowance by ther Majesty This past Pubs, approval by the local Legis= lature this future met.-

• As head of the Supreme! Court, he observed, I of course

am

responsible for its proper writing. This responsibility I willingly

bear so

long

as

entrusted with the entire

I am

management of the Court; but if

only

am

allowed to act

the part of a Paine Judge, "Court should hereafter

ant this

prove less efficient than it now it, I humbly pray that be who is permitted to assume

         assume the office of Chief Justice may bar the blame : - Pry. Chief Justice

he

can

only

mean the

Governor and Legislative Council, to approve his Pules.

who

are

This species of opposition

fter

to the express ordert Majesty's Government has the additional ill effect of distreating me in the vishary,

f

my

Jouble

ނ

discharge

duties under.

the Colonial and Foreign Offices..

tell

Mr Hulme presumes to Lairship that

Your

Your "Despatch relative to thes vacation of the Supreme Court

has been premises."

based upon wrong oblige's to

Я

am

>

70

look through his incoherent letter for what I suppose

intended

observed, "There is no

as

gives

proof of this._ the

Rule f the Supreme

a six month's

has

Court which Court of Hongkong

vacation." The

question

always related to the Criminal

Sessions, and I will

the 3rd Section

quote verbatim

the Rules

before transmitter to Your Lordship. "Here shall be four Sessions.

"

every year for the despatch of the Criminal business of the said Supreme Court; the said befinne the 15th day

to commence

of

on

in

4 Febmary, the 15th day of - April, the 15th day of June, and the 15th of December in every-.

Year.

"

Mr Hulme complains of

6.

my

not

him

sending Your Lordship's Despatch to his house_ but had not I

авиатур всего

sensible that the correspondence

of ther Majesty's Secretaries of state is of a confitentedl

nature,

I should have learned

it from this Passage of my printer Instructions._ " Governors

liberty to allow

are not

ats

Copies of the Secretory of State's Despatches

атер

or instruations.

to be taken by any person under

circumstances, unless by desire of the Secretary of State .. In W. Hulme's hostile temper

in

exercise

a

>>

necessary discretion

  abstaining from an unreserved communication of your

Letters; but I went

Lordship's

it was

Know

hins

7.

71

necessary for him "220

without

sending

the letter

to his house. The Attorney- General's observations transmite's

in my Despatch N. 143 of 18th December, regarding

makes

official

the ill use

by Mr Hulme of

Letters

will justify my

in open Court,

cautions..

After the instances

of

contempt on Mr Hulme's part towards the Legislative Council and myself, detailed in my Despatch N. 135 of 20

20th November,

he wees not complain of

need

discourtesy in the above necessary procedure.

In that Despatch Ir

reported that I has succeeded

so far

во

"

even to quote verbatim what

for by my interference

Criminal defers to

cause

a

on

 be held the 9th November last, and this much abbreviates the interval between June and December. The encloses return from the Registrar of the Cowit shews that in the preceding Year,

when M. Hulme was left to himself, the interval ran the six months.

agree

is

an

Your Lordship will perhapt with myself that there

absolute fatuity

in Mn

 Hulme, the fringe, quoting as Sanctioned by Her Majesty's Government positively disallowed.

an

Adinance

           bb says, "the period thus set apart for relaxation has previously received the sanation of then Mapsty, the Rule of "Court of Michaelmas term 1845 being

a mere incorporation

of

the

72

practical branches of Artinance N 15 of 1844 for the Establishment of the Supreme Court:

This Ordinance was

Frawn

up by Mr. Hulme himself, and it was found at home to be to replete with blunders as to

require Lord Stanley's long bespatch of 16 Pages, No 96 of 1845, to detail them, annul the Enactment, and call for four

new

Bdinances

in its place... Mn Hulme wrote

a

very angry comment of 36 Pays

Ford Stanley's despatch,

consher

in

нав

intemperate

terms that out of kindness to him and with some trouble the

myself

و

made

a

to

ނ

presis of the bast objectionable parts in my ery long bespatal N. 100 of 1865.

рарозей left out mot passages

very

as

10.

the following,

before

now

in

те

the original

The Council

of Hongkong may perhaps be excuses if it should some times fail in legislating to the entire Satisfaction of the Secretary for the Colonied" He above despatal 1:100 will prove most singularly that Mr. Hulme then took pains to justify that control of the Legislature

        the Rules of Courts, in respect to which he now

over

opposed the reiterated Commanos of Your Triktige...

Lordships...

Mr Hulme in

Letter objets to

his encloses

Yours Twisthef

"recommending to Her Majesty

to disallow a

rule of Court

long and successfully acted

upon," but if this should mean

his

own

Success

in evarings

any

Criminal Sessions during

73

Six months of 1845, the sooner

it was

is

now

disallowed the betten Mr Hulme's opposition

to Her Majesty's

Government rather than to myself... I have the unanimous concurrence f

both the Executive and Legislative Councils (with the exception of the opponent himself) with regard to the necessity of carrying out Your Lordship's instructions with firmness, and we

cannot

hesitate as to the course..

Shave the honor to be, With the highest respect,

Your Lordshipit

most Obedient

Humble Servant,

ndanis

28 March. M. Hawes

due to in. Huline to acknowledge, that the Baper of the hommber last (20.44)30 so far sinceurile, that it states that The dents of count, there montioned, toe virtually secure to the Court

was unbroken for 11. unbroken, long bacation of six months runnally, wittierul adding the quality in words " from all briminal business?"

tour mouthes only, was much as it was liable The Pacation from diil business.

to be hohen

ty an

Belober Session.

with

with myself. But it is trofert

this maccuracy,

veneg

the responsibility

The God., That the

discern related only to the Criminal judicature, & that

have been clearly understood as

beng implied

the qualifying

Even M

they

be soothed by

that he is likely

تا

explana:

probably be canar

of provoking invitation cod

I'm correspondence in danger

to write a by prolonging

- lion wh: it w. be possible

7

way

kum 23. BH

5. 27 to the God" whi remain de force. practical instruct they abreasly conveyed this makes no difference is the by his sighhin & merely wold that

give the explanat insjulet

or asijue to say. Ed. Salme is Evidently

unch dissatisfied, int not, as far

That concession being mare, it seems to me that nothing remains to be and which it is. be desirable were not expressed. However it seems due to W. Julen that they su?. expressed now as a correction of the despolche of the 19th Nov..

M

sufferent reason: a

can purceive, with

ang

28th January,

Victoria, Hongkong.

Jin J. 7 Davis

1867.

The Catal

Grey.

No 13. 2 Molosures.

Received

an

Original

"The Card Grey.

Transmitting of the Right Honorable Justice, to the address J. W. Hulme lage Chief letter from the Honble

I do not

resping

Sii John F. Davis Br

Saturd

Md. Sephen M. Hawes Earl Gug

ས་

(18)

dü.

Bonningt 27 March 1847.

74

I have rec. gr. Dupe dalid 284 of

25 March 47 January 1847 (2013) with the ac=

25

comhanging letter from de. Stalone странду

the Ch: Justice of dong Hong to engselsi

You will acquaint Ed. Aubre, that I acknowledge this accuracy of to much amanh

his correction.

of

of my dap: of the 19th hov? 1846, as stalis, that the Rule of Court, there referred to, w. vitually secure

back: 1 to the Court an unbroken long =tion of dis months annually. The stalem ? ought to have been qualified

by this express - that it wd. be a Vacation from all Criminal business.

As far as respects Civil business, the Vacation was made ? those Aules

of

"Court to last 4 months only.

As the Criminal business of

this Court was the main subject of discussion, perhaps this qualificatt

of my language might have been dafferently intilligible by an obvious

and necessary inference. But it to

have been better that it thr. have

been distinctly expressed.

Subject to this arrection, I

find nothing in my despatch of the 19th of hod. last wh: Ed. Stubmit

Explanations render it recessary for

ine to alter.

I have you.

کے

75

V

15 Frans

76

Hory Bory" "Thana,

Job: 2816/11

theve, the honou

to call Your Lordship's attention. At the enclosed offering communication marked 20.1. from The Colonial Lonetary for the porpore of thediig That Your Lordship Becher relation to the Pacation Supreme Court has bon baked upon wrory premises,

fte

77

Autored is a letar Marked No. 2 - From the Honble. The Coloniae teretany in aufwer to my application

Fa

Jou

cupy Jahich is enclose Lomarker no. 3. leave & semise

Despatele

That

This letter contain;

an abrupt & most-

discounted refusal

My Ford ifart

N

78

Ment

Her Majiti Chif Totive at bast as a of Commit I might Rotonaty effect the made as fraud

в

with matter, upon which

I am called upon to expus.

an

opinions in the latter

tapail- & more

particularly fo in matter,

mining my

own Court

But My Lord there

is no Rute of Court

79

Supreme

Which five, the Lysreme Count of Pony Ben aft Lech Monthe Pacation

The period as Zive

Browth -

Rule of Court is Joun Thus the month March May dent to

Rovember.

Term business while Rose

of February apsir Jane

& December

ara

devitted to

at Disi Pris Athen

80

hodiach of the Ariminen. holding Jesson leaving July

&

4 August September October

for the Vacation

My

Lord during

the last rear the courts we

Withing

the 127.

རྩ

ве

the 30th June

The 2d hor

12 being a Sunday) Permit me at the

Laune time most respectfull

to inform your Lordthing,

5

1.

81

That the period thus het appart for relaxation had previenete eived the Lanction of Her Majesten - The Rule of Cont Michaltenen Bern 1874.5. bi The practical braquling

7

Both

-

bring

for Esti

mere ivory notion of Ordina No. 15. of 1844. In the bi tilling of the Supreme Cout of Buy Rory, it having been Hory hippested by Lord Stanley the then Leuetan for the

fou

Blouse That Luck matters more properten The Subject of ca

2.

Bala

of

altered or

82

Count which might la

reboked by the Cours

itself in ocasion Required.

by Lord the oute

May

difference between the Ordinamen & Rule of Court Afered to (which Deutole marked Nos. 425) consists in the Substitution of better for Jame of the Vacation Point

as one

alteration made arth

Supportion of this Excelling John Framing Davi,

!

I Much Jean My

Lord

83

that in the depresellation, tend, o your tordthis, there must have been some pest mis the Segond that which there aliz Comited out- or your Lord this would hard I have Jutt Lowrey

& felt lows,

མ་ calle, upon at one to recommend Her Majer & to disallow Rule of Count tach Stunt for anted upon & have thus put- it into the power of the fovernor Athis Colony

Whoen bemy

te to harass & oppress tie Const.

84

But as done wholle ihment of For flatements contamed in this decellany; Despatch to Jour Lordtlich, Hann refutes

Acous

fatto perutal of four Lordship; Despatch this Stalling dan Zone unable to enter Gurther into pactumlar but I do trust that fou Lordship wish housing me with amply

April Mail drestore thing

I flate

priginal

В всегда

to their

anded

I have had the homon presiding over the impreme Cou for wenty three Exair during whit васид barred Thane at all time, whed my best endeavours to from myhelly worthy If the confidence a Lose in me with ther Mosst, was prasions & shared to

Ahich Justin of Maßen

to appointme

was

हो

I

в годеж

have & thend any frin, to rende

I shared Count as efficient as possible.

85

As head of the Supreme Court

ann responsible foitti Guchern athing - This responsibilit-Davillingten So long as I am entangled with the

on to

Stre

m

itement of the Counts but if allowed to art only the part of a Seinen age & the Court thould dere often prove

efficient than it now in

Thom it now is I humbly

Hr

May

That Le who is permitted to assame

Pfice of Chief Justice may

ear the blame

Kuthing I shall ment

with all due pardon for the liberty

Have taken in the addersing your Lad

K

Chief Justine

No 28.

་、

Sir

86

Colonial Offices, Victoria Hongkong.

25th January, 1847.

I am commanded by Hishscelleney The Governor, te.. te., to acquaint you that. His Excellency has received a Despatch

from harl Grey, conveying Her Majesty's

an-

pleasure that the Stule of Court" "which " would virtually secure to the fourt

unbroken long vacation of s

Six months

annually" be disallowed, and that the Laid Rule, together with all others which have not been sanctioned by the Legislative Council, be made subject to, and _

published with that sanction,

my

the

ground stated by. It is Lordship, that " if these Rules were permitted to continue

Honorable. J. W. Stulme, reqe, Chief Justice,

tc.

46.

to.

in

- free they would constitute an exception,

 at once needless and inconvenient to the General Order made since their promulgation, that no Rules of Court- should be valid until they had been- confirmed by.

an

local_

act_ of the local

clature I have the honor to be,

Sir

/

Your Most Obedient_ Humble Servant,

Maine (stoniat Scoretary

Ne 31.

No 2

87

Colonial Office, Victoria, Hongkong 27th January 1867.

I am directed, in reply to your note of the 26th Instant, to state that the correspondence of Her Majesty's Government is addressed exclusively to His Ewellency The Governor, and that. beyond. what- His Excellency may be instructed, or think proper in the exercise of his discretion, to communicate to any parties under his Government, it is his duty to deny applications like been informed of the directions Honorable. The Secretary for the Colonies.

Honorable J. W. Aulme, beaf...

Chief Justice,

the

Yo

to

your

Don.

You have already of the Right

I have the honor to be,

Sir,

Your most Obetient

Stumble Servant,

Maine Colonial Secretary.

88

Mo. 3. Hundayy

Jan. 6865 1967.

Shave just receive

البسال

Astive That The Counci

E.

in forth one tile Satende Ithale Therefore Jul Bothed by your ropes ting M... Sor John Davis to Gavour me with a permata berthey;

Cong

des patch concerning the Cours Vacation Pay the Loan thr

Shany

Hoube Major Came

Hour Geort B. humble bert

Chief Justice

2

Tho. 4. Ardinance Be 16. In

Ordiname to establish a supreme Court,

Power to regulate

24. And be it further enacted and ordained, That it shall be lawful for the said SupremeCourt to make and prescribe such rules and orders,touching the times and place Sittings of the ourt, of holding the Court, form of process,pleadings,and other business and proceedings of the and to make rules said Court, and of the fees payable therein, as to the said Court shall seem fit, and such and orders. rules and orders, from time to time, to alter, amend, or revoke, as occasion may require;

and also that it shall be lawful for the said Court to alter or revoke any rule or regulation,

contained in this Ordinance, touching the aforesaid matters.

Sittings of the

25. And be it further enacted and ordained, That there shall be four terms in each year for the despatch of the civil business of the said Supreme Court, and the said terins Court. How many shall be the months of January, March, May, and November,and shall commence on the Terms, and when to first, and terminate on the last day of the said months respectively; Provided, that whenever be held.

it shall happen that any of the said months shall commence, or end, upon a Sunday,

the term shall commence on the Monday following, or end on the Saturday preceding.

Sittings at nisi

26. And be it further enacted and ordained, That there shall be four Sittings in every year for the trial of all civil cruses and actions, and for the hearing and determining Prius, &c. of all matters of complaint under the summary jurisdiction of the said Supreme Court, as hereinafter provided; and snch Sittings shall commence on the 1st day of February, 1st day of April,the 1st day of October, and the 1st day of December, and shall terminate on the 14th day of each of such months respectively: Provided, that whenever either of the said days shall commence, or end, upon a Sunday the Sittings shall cominence on the Monday following, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that the Court should sit for the purp ses aforesaid at any other or different periods, it shall be lawful for the said Chief Justice so to do, upon given reasonable notice thereof.

27. And be it further enacted and ordained, That there shall be four sessions in every year for the despatch of the Criminal business of the said Supreme Court; the said sessions to commence on the 15th day of February, the 15th day of April, the 15th day of October, and the 15th of December, in every year, and shall terminate on the last day of each of such months respectively. Provided, that whenever either of the said days shall happen to commence, or end, upon a Sunday, the sessions shall commence on the Monday following, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that ajCriminal session should be held at any other or different perid, it shall be lawful for the said Chief Justice so to hold the same, upon giving reasonable notice thereof.

Criminal Sessions.

23. And be it further enacted and ordained, That the Chief Justice of the said Sittings at Chambers. Supreme Court shall attend at Chambers, at such times, and so often as occasion shall require, (except during the mouths of June, July, August, and September, for the purpose of hearing parties upon summonses, hearing applications for time, leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice at Chambers, shall be by sumons, to be taken out from the Registrar's Office, which summons shall state the names and description of the parties, and the object of the attendance, and shall be signed by the Registrar or his Deputty.

Office hours and

20 And be it further enacted and ordained, That the Offices of the said Supreme Court shall be open every day during term, between the hours of ten in the morning, holidays, and four in the afternoon, and out of term, between the hours of ten in the morning, and three in the afternoon, except upon Sundays, and the holidays hereinafter mentioned, and the months of June, July, August, and September, for the issuing of processes, the filing of affidavits, petitions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices; and the holidays in the said offices shall be New year's day, Good Friday, Easter Monday, Her Majesty's Birth day, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas day, and the day after.

Commencemen

pendent do it further queeted and ordniwendy That-all units-and-notions of a common law nature, shall be commenced in the said SupremeCourt by summons, or other of actions. process in the nature of a writ of summons; and that at the time of issuing euch writ of summons the plaintiff shall lodge, with the Registrar of the Court, a short statement, or abstract, in writing, of the cause of action, and the Registrar of the Court shall indorse, on the back of such writ of summons, the amount of the debt or damages sought to be recovered, together with the sum due for costs; and in every suit or action which shall he hereafter commenced in the said Court, where the Plaintiff shall complain by Attorney, the Attorney of the party complaining shall, before any process is sued out to compel the appearance of any person to answer any complaint or demand, file his warrant or authority to sue, signed by the party complaining, with the Registrar of the Paid Court.

Warrant to sue.

89

Kory.

18467

Arrest allowed in 31.-Provided always, and be it further enacted and ordained, That if any person shall have a claim, or ground of action, of whatever nature, against any other person case of debtors being who shall be about to leave the Colony, or who may reasonably be suspected of an about to leave the

Colony.

Bail bond.

intention so to do, either for the purpose of avoiding process in such action, or otherwise, and the party having ach claim or ground of action as aforesaid, shall produce to the said Chief Justice affidavit of such his right of action, and of the intention of such other party to leave the Colony, and shall also state in such affidavit the grounds upon which he believes that the other party is about to leave the Colony as aforesaid, in such case it shall be layful for the said Chief Justice to order a writ of Capias ad respondendum, (in the form given in the Schedule hereunto annexed, marked (No. 1)) to be issued to take and arrest the body of such other party so about to leave the Colony; in which said writ the amount of the debt or damages demanded, or the value of the property sought to be recovered, shall be truly specified, and the costs and charges of issuing the said writ sh be indorsed thereon by the Registrar of the Court; and of which said writ the Seriff, or his lawful deputy, shall, upon any arrest to be made by virtue thereof, give to he Defendant, at his request, and at his charge, a true copy: Provided always, that' upon any sich arrest the Defendant shall give to the Sheriff reasonable security by Bond or obligation of the said Defendant, and of one or more other person or persons having sufficient property within the said Colony, s surety or sureties, that the Defendant hall appear according to the exigency of the said writ, and shall also stand to, abide, ad perform the judgment of the Court therson, or render himself to the prison of the sai Court in execution for the saine, and that the said Defendant shall not from and after the date of such Bond or obligation remove or withdraw any of his property from out of the jurisdiction of the said Court so as to evade the judgment thereof, if the me shall be for the Plaintiff (which said Bond or obligation shall, as near as may, be in the form given in the Schedule hereunto annexed marked (N°. 2.) ); or if the Defendant shall pay to the Sheriff, or his deputy, a sufficient sum of money to cover the amount of the debt or damages mentioned in the writ, together with the cost and cliges indorsed thereon, and a further sum of five dollars for the charges of making the arrest, or shall deliver to the said Sheriff or his deputy, the property specified in the said writ, or the value thereof, either as a deposit, or security in lieu of giving a bail bond, or in satisfaction of the suit or action, then the said Sheriff shall permit the said Defendant to go at large, and free of the said arrest, as to such suit or action.

Power of Court to

32. Provided also, and be it urther enacted and ordained, That where in any order & defendant'a suit or action the Defendant shall he been arrested or held to bail as aforesaid, if the discharge.

Plaintiff in Fuch suit or action s not prosecute his claim with all reasonable diligence and despatch, it shall be awful for the Chief Justice of the said Court to order the said Defendant to be d charged out of custody, or the bail bond to be delivered up to be cancelled, and to such further order in the inalter as to the said Chief Justice shall seem fit.

Malicious arrest,

Suing out Process.

93. And be it further enacted d ordained, That if upon the trial of any suit or action in which the Defendant shall have been so artested, or held to bail, as aforesaid, it shall appear to the Court that the arrest of the Defendant was vexatious and malicious, and without any reasonable or probabl cause, and that the order for such arrest was obtained upon a wilful misrepresentatit of the facts of the case, it shall be lawful for the bief Justice of the said Court, in his discretion, to order and adjudge the Plantsff in such suit or action to pay to the Defendant the costs of such arrest, or holding to bail, together with such further sum of mony as to the said Chief Justice shall seem fit, as a reasonable compensation to the said I fendant for having been so arrested, or held to bail; and in default of payment of any of money so ordered to be paid as aforesaid, it shall be lawful for the said Chief Justee, and he is hereby authorized, to commit the said Plaintiff to the prison of the said Court until the same shall be paid: Provided, that in any case in which compensation shat have been awarded as aforesaid, it shall not be lawful for the Defendant to proceed against tire Plaintiff by action or otherwise for the recovery of any other or further sum of money by way of damages for such arrest, or holding to bail.

34. And be it further enacted and rdained, That all civil process of the said Supreme Court may be sued out by any person having any demand or matter of complaint against any other person whoever (excepting against the Governor, or the Officer administering the Government of the Colony for the time being, as against whom no such Process shall be sued of without leave of the Court, upon motion, first had and obtained; and excepting so where any demand or complaint shall be made by or against the Chief Justice the said Court, in which case such demand or complaint shall be prosecuted and m de by petition to the Governor, or Officer administering the Government of Hongkong, in his Executive Council), and the said process shall be dated on the day on which it is issued, and shall be made returnable by the Sheriff to the Court, through the Registrar of the said Court, immediately after the service or execution thereof; and the aid process shall be issued by the Registrar of the Court, for which the warrant to sue shall be his authority, and the said process sball be endorsed with the name and adress of the Attorney or party suing out the

same.

Bo.

5

SUPREME COURT OF HONGKONG, REGULA GENERALIS.

ANNO NONO

VICTORIE REGINÆ.

MICHAELMAS TERM, 1ST NOVEMBER, 1845.

1. SITTINGS OF THE COURT.

I. It is ordered, That there shall be four Terms in each year How many Terms,

for the despatch of the civil business of the said Supreme and when to be Court, and the said terms shall be the months of January, held. March, May, and November, and shall commence on the first, and terminate on the last, day of the said months respec- tively: Provided, that whenever it shall happen that any of the said months shall commence or end upon a Sunday, the Term shall commence on the Monday following, or end on the Saturday preceding.

II. It is further ordered, That there shall be four Sittings Sittings at Nisi in every year for the trial of all Civil causes and actions, and Prius, &c. for the hearing and determining of all matters of complaint under the summary jurisdiction of the said Supreme Court, as hereinafter provided; and such Sittings shall commence on the 1st day of February, the 1st day of April, the 1st day of June, and the 1st day of December, and shall terminate on the 14th day of each of such months respectively: Provided, that whenever either of the said days shall commence or end upon a Sunday, the Sittings shall commence on the Monday follow- ing, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that the Court should sit for the purposes aforesaid at any other or different periods, it shall be lawful for the said Chief Justice so to do, upon given reason- able notice thereof.

III. It is further ordered, That there shall be four Sessions Criminal Ses. in every year for the despatch of the Criminal business of the sions.

I

said

90

1.

Sittings at Cham-

bers.

Office hours and holidays.

said Supreme Court; the said Sessions to commence on the 15th day of February, the 15th day of April, the 15th day of June, and the 15th of December, in every year, and shall ter- minate on the last day of each of such months respectively: Provided, that whenever either of the said days shall happen o commence or end upon a Sunday, the Sessions shall com- mence on the Monday following, and end on the Saturday preceding: Provided also, that if at any time it shall appear to the Chief Justice of the said Court necessary or expedient that a Criminal Session should be held at any other or dif- ferent period, it shall be lawful for the said Chief Justice so to hold the same, upon giving reasonable notice thereof.

IV. It is further ordered, That (except during the months of July, August, September, and October,) parties shall be at liberty to apply to the Chief Justice of the said Supreme Court at Chambers for time to plead leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice at Cham- bers, shall be by Summons, to be taken out from the Regis- trar's Office, which Summons shall state the names and des- cription of the parties, and the object of the attendance, and shall be signed by the Registrar or his Deputy.

Commencement of actions.

V. It is further ordered, That the Offices of the said Supreme Court shall be open every day during term, between the hours of ten in the morning and four in the afternoon, and out of term, between the hours of ten in the morning and three in the afternoon, except upon Sundays, and the holi- days hereinafter mentioned, and the months of July, August, September, and October, for the issuing of processes, the filing of affidavits, petitions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices: and the holidays in the said offices shall be New Year's Day, Good Friday, Easter Monday, Her Majesty's Birth- day, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas Day, and the day after.

VI. It is further ordere That all suits and actions of a common law nature, shall commenced in the said Supreme Court by summons, or other process in the nature of a writ of summons; and that at the time of issuing such writ of sum- mons the plaintiff shall lodge, with the Registrar of the Court, a short statement, or abstrac in writing, of the cause of action, and the Registrar of the Court shall indorse, on the back of such

Sir

91

Court House, Victoria-, Houghing, 28th January, 1847.

"I have the hour to ackumulodge the

32.

receipt of your letter of this date N. 32 : and I have

now

to

at that the

report.

Supreme Court sat for the trial of

Causes

under its Criminal Jurisdiction during the year 1845 as under-

viz : 15 and 17th February -

#

15th and 16th April--

16 17 18 19 and 30th June.

15*, 16′′, 17′′, 18′′, and. 19′′ Iecember.. I have, tc.. R. 9. lay Registrar.

(Signed)

The Amorable Major Laine, Colonial Secretary -

True Cory

(opy)

Ma Colonial Kharitory,

J

N. 14.

Civil.

Aus 102-

March

82-29 pond/47

My

473 Hory, Hory

RECEIVED

MAR 23 1847

92

Victoria, Hongkong,

30th January, 18467.

I have the honor to

report to your wordthis that I have

от

granted have

Medical

of absence Certificate for 12 months to Mr Lena, the Afistant Harbour _Master, who has suffered much in health for

some time

past, as will be seen

by

reference to the Medical Certificate Enclosure N1, and 1.2. Mr. Lena's

application forwarded

through the Harbour Master,

The Right Honorably

the Earl Grep

fo

the year 1845. 28th January, KY.

its Sittings durings Supreme Court stating the Negration of the

Copy of a letter posa

to 13 $1847.

Malone No 2 in Besp.

Inclosure No. 2.-

The enclosed Certificate

from the

Colonial Treasurer

states that Mr Lena has

received his salary

rate

at the

£300 per annum up to

this date..

Mr Lena's duties are

his

to be performed, brings absence, by Mr William Cripps

Hamilton on

£150 per annum,

being the half salary of the Mastent Harbour Master.

I have the honor to be, With the highest respect,

Your Lordship's,

most therient

Humble Servant,

Dans

93

The Evil Grey. Fr J. 7. Davis, 30th January, 18.7.

No 14.

Received

3 malosures.

Artifiente, to proceed to

Harbour Master, on medical to Mr. A. Lena, apistant leave of absence granted Reporting 12 months?

Europe.

13 March

M. Nawet

frein me that Lord Grey

will sanction this leave of absence?

23 he

9.23%

раз

Sie John Davis.

Forangnia, MARCH ME

MStephen M&Bores Earl Grey 29

8.2.

94

Manhy 29/47

There revied your Dispalih I 16 of the 30 January reporting

that you had grouted leave of chence for 12 Suniths to Nr Lena, the Afristent Harbour Master A Honey,

Honey.

Ender the Cerceivuttanees

Hated by you I here to

sonition

Convey to you my The) (of absence for have which you practial to this

have

Gentleman Have

95

do

:hereby certify, that I become

acquainted with Mr. Alexander Lena, Assistant Harbour Master in this Colony,

at the time when he,

was

in

1841

actively engaged on board H. M. Cutter "Luisa "in the operation

against Canton, and that I have known him

intimately.

sir

in years.

ever since, a period of That since the occupation of Hongking by the British Government, in 1842, Mr Lena has filled the situation of Assistant Harbour · Master, and has zer lausly performed the duties of this Office, except when ill health prevented. him. These duties have been at times very arduous and have subjected him to exposure to the vecantades vicissitudes of this climate, which few constitutions can bear with

impunity, and Mr. Lena has in concaguar suffered repeatedly during the last two years from phoumatism, but more particularly in

June last, when a severe attack came on

1

 which lasted for nearly three months. Towards the end of October he experienced a return of the same complaint, and was recommended a trip

to

--

Shanghai, which proved in some degrees beneficial, but his general health has become so much impaired that scarcely a week passes without an attack, and although every variety of treatment has been tried, there appears little perspect of his houlth being restored without a change of climate.

I have therefore to recommend in the strongest

et - manner that leave of absence be granted to Mr.Lena for such a period as will enable

voyage to Curipe

him to take a

(Signed) Peter Young,

Colonial Suagion.

Victoria, 26th January 1847 -

(True Copy

Colonial Secretary

Su

96

Harbour Master's Office,

Victoria, 26th January, 1847.

I have the honor to solicit that,

you will

an

lay before His Excellency the Governor application for twelve months leave of absence on the following grounds.

there

: evere

Stiff England in the carly part of

d

1839. On arriving in China and finding that

persons required for the service, I voluntured for H. M. Cutter Louisa, then under the orders of Captain C. Elliot, R. N., Her. Majesty's Chief Superintendent of Trade, and continued to serve in her during the whole of the operations in the Canton River, and until she was wrecked in the Typhoon of the July, 1841.

William Pedder, Esq. Harbour Master,

27tt

tc.,

del

de!

On the 1th August of the

same

year

I was appointed Assistant to the Harbour Master

(fora.

lear!

of this Colony, and held for a

; the Acting appointment, during the Harlour Masters absence

to England.

   I have suffered much in health from continual exposure to the pernicious effects of a

tropical sun and sudden changes of weather, not- only in the performance of my duties afloat, but also from the hardships I had to suffer on shore, consequent on the early settlement, in this Island, 1 will be seen by the enclond Certificate from the Colonial Surgeon, in which he recommends, returning for a time to a more 1 congenial o beneficial to my broken up constitution

as

Of cour

my

Colimate, as

- course it will be my duty to

provide a competent person to perform the

duties of my Office during my absences - and of permitted the favour Freek, I shall ever. "feed most grateful.

A

I have, te.

(Signed) A. Lena.

Assistant Harbour Master.

TrueCopys

A

blonial

Conial Secritary.

97

Fr 14 of 1847. Molosure, t. 2 in Deep:

Colonial Treasury Victoria Hongthing.

Jruary the 30th 1847.

98

hereby certify that Abaander Cena fistant Marlour Master of Hongting

has preceived Salary

to this the thirtieth

at

day of January 1807, inclusive, as the

£300 p three hundred Soundsch per

rate

annieme, and that Income Tax has been

deducted thereon

Машина

Asting Celecial Freasurer

leave of absence, on Medical applying for 12 months

Lena, Assistant Harbour Master, Copy of a letter from M2 A.

Certificate .

26th January, 1867.

B

:

·N.15.

Finansials.

J

3 Masalaft's

-PP

My

APK 95

1847

Lordship's

99

Victoria, Hongkong,

1st February, 1867.

In pursuance of your

instructions.

ad

on

conveyed in Bespatch N. 30 of 5th October, I have called

Reverend Ms Stanton

detail more

the

to furnish

in

specific reasons for granting

an allowance for,

him

Conveyance in the discharge

his cbrisal duties, and

have the honor to enclose

a

Letter

from

that

Gentleman

in explanation.

The Right Honorable

The Earl Grey,

to to to

    I would recommend M. Stanton's application to Your Lordship's favorable

 attention, and would remark that there is

analogous,

of

the

Something in the principle

allowance, to the

exemption,

on

the part of England, from

Clergymen in the assessed tax on

a Horse.

I have the honor to be,

With the highest respect,

Your Lordships.

most obedient

Humble Servant,

Main

100

23 прив

W. Hawes

The question is not whether a Clergyman at Hor

sh bath or she ride to his dates - a point on

be

which

seems no 200m for doubt; but whether a Clergyman with £700 a gear ought not to keep his own horse. If not. I think that an Encrease Salary the given & Forage refused. The of ground of this distinct is that if Forage be allowed to one Civil Officer it can be claimed by the rest. If granted in any one colong it will be claimed in all. To che out bad Salaries, by allowances, is alwwags inconvenient a wasteful.

any

youngs myly docume

using off of traeroys,

more inf5h courage

On what principle £700 a gear was fixed for this Clerical gos y quris rather than £800, or £600, I do not know. Wory when was done in deference to the authority of the local

Salary.

thing

Sout

27 affect

heavy

или вес

reg

England

I am not prepared upon this statement

***

· move you!

91 if

buling. AH to recommend an encrease of the public expenditure Imones H

in nylony

where formsider its whole amongt already to

the datory now whoresis sufficent With

Sir Johnl

Daris.

667 HoryMong

PP.

101

For May 147.

In 15 of the 10+ Jebry

a further letter from the Raid_

explanation

the righ of your Despatch

Transmitting

There to acknowledge_

for Stanton in

for an allowance for sorul

in the alischarge.

of the grounds of his application

Conveyance

your recommendation in

Gentleman's favor, es

of bis Cleniel duties.

Cornfelled the Alfrench farme

Jasperk stock Pavia unable

this

Sconsider the

Saley

плочи

assigned:

to the Colonial

Chaplain at Henry Shorry

b to defray

sufficient to

expenses for the

the

keep ofa

hore, and I am not

prepared, upon the present

statement, to recommend

an encrease of the Jublic

lture in a

expenditure

Colony the

for which the

where Inits whole

chave is

cord already

too high....

Share

to much

(Copy)

Six

th.

102

Victoria, 26th January, 1847

In obedience to the instructions of His Excellency the Governor, I beg to specify the

circumstances on which

---

which I grounded my application,

dated 17th September, 1845, for a conveyance alluvand The localities at which my ministerial a line of nearly

services are

four miles .

required, extend over a

My

a

most frequent attendance is given

at the Church, School, Jail, and Police Station, ssituated within u space of three quarters of a

mile,

a

near the centre, the Seaman's Hospital, Police Station, and Burial

al Ground, situated near

the Eastern extremity, and there Police Stations

The Honorable,

Colonial Secretary

Major Caine

To these

situated near the Western extremity. must be added visits at private houses scattered throughout the entire distance, a service mou imperative, so far as the sick are concerned, during

the

more

summer months, when it is most difficult

to perform

affirm

I think I may, without extravagance of ordinary strength could

that

no man

discharge such duties efficiently on foot in any

climate. Certainly

no human constitution

could endure them within the Topics . Over- rating my bodily powers, on my first arrival, I made the attempt; and summer had s commenced when I was prostrated by illness. Since recovering, I have been carried.

I scarcely

a serious.

from place to place, either on horseback, or in

a

sedan

have

once

danger by

duty

or boat; and even with all these aids

in each

been brought i

summer been

into

- over exertion, when pressing calls of have led me to over stop ordinary precautions.

I think it will also appear that

no

was mear

103

the Church,

advantage of position would d of itself overcome the difficulty. My first residence, and I retained it, until it was required for the owner's use. At the time, no house, was procurable

more.

- satisfactory then that which I at present occupy, laking into consideration the repair of :then shattered health, as well as the

my

discharge of dutif

Meanwhile I have built a house in

central spot, and am about shortly to remove,

to it.

There is another department of labour. which I have hitherto occasionally attempted, but which returning health & encourages

undertake m

me to

in the harbour, where.

- more regularly, there are always lying. Her Majesty's shops of

war and merchantmen :

When account is made of all these

circumstances, and ales that I receive

"receive no

emoluments for particular services, the burial

fees being paid direct to Her s

Majesty's

Colors:

APR 23

 Government, and the rest appropriated to educational purposes, I humbly trust that. request will not be denied, and that the amount

N16.

600 không hỏng

104

my

 of 25 dollars per . extravagant.

Mensen

will not appear

Miscellaneous.

FOR

I-

ANG

occasions,

Apologizing for the trouble which it

I key to romaine, 4),

(Signed) Vincent Manton.

Frue Copy)

Link Colonial Secretary.

My Lord,

1847

Victoria, Hongkong,

4th February, 1847.

In pursuance of the Instructions on contained in Your Lordship's Circular Dropatch of 24th October; requiring vertiin Returns

the Revenue and Exfunditure, and

concerning

Form

4

of Government of this Colony, to be luid before the House of Commons, I have the honor to enclose the three Returns specified below, vir

vis :-

1. _ The Gross Revenue for the

year

1846

....

any

exhibiting the cost of collection, and.

deductions made in progress to the Public Treasury.

2 . _ The Disbursements for the year 184, 6, showing

the authority under which such Disbursements =

The Right Wenerable,

The Eart Gpey,

tc.,

de,

de

are made

3. - A Return showing the constitution of the

Executive Council.

I have the honor to be,

With the highest respect,

Your Lordship?

Most Obedient,

Humble Servant.

Man's

105

23 April

Parliamenta

To be given to hd. Mager

with a need to the Para

Return.

ཆོས་ཏེ་ཤོས་ལ།

4th the brary, 1847

Parived

3 Melosures

No 16.

The Carl Grey..

Jin J. H Davis

Transmilling

certain

Returns

the constitution of the Excentive of the colony for the Year 1846, and

shewing the Revenue and Expenditure

Counsil.

Revenue of the Colony of Hongkong, during the

Jaxes. Plive Assessment.

Duties. - 25 per cent on Goods sold by Auction._

on

Lands for Buildings, Arrears..

7 year

1846.

106

|1575|| 4.42|| 1,575 4

450 14 74 450 | 14 74

on

do

do

account of 1846..

12,388

462

446

72 8 12 12,823 14 54

Land for cultivation, and Chines Villages..

Rents. Deposits by Purchasers of Crown Land

on

on

Buildings.

Market

on Stone Quarries..

on

Fisheries..

(for Opium Farm -

for Salt Broker_

for retailing Spirits and Wines ..

Licensed for Auctioneerd.

for Pawnbrokers.

for Seranys.

for Billiard. Tables_

Fees of Offices, for Signatures, affixing Public Seal, se, 40.

fudicial Feed, of Supreme and Police Courts.

Judicial Fines:

Forfeitures.

Surcharges recovered..

Stores sold..

Eldvances recovered...

Lo..

Sailing Letters and Fasses.

do..

Loss of Exchange recovered from H. M. Conrulate in China.

4/18 15

3691510

1471 13 102

9402

715 193 93 156

547 45

1625 04

569 15 10

6134

35 15 4 7102|17|53|

Total Revenue during 1846, Lst7.

Victoria, Hongkong, 1* Jarmary, 18467.

643492

420 16 6 560 18 95 18 16 51⁄2

12 11 44

28 1061⁄2

346

354 2

1138 82

27,047 083

The only cost of collection, or deduction from the above Risenue, was

201 dollars, (£41.13.4) paid to the Collectors of the Police Assessment :

Bruce Copy).

Colonial keretary

(signed) W. F. Mercert.

I.

Acting Colonial theasure

Cxpenditure of the Colony of Honghong during the

-1846.

year

Civil Government.

Salaries.

Contingencies.

Ecclesiastical Establishment:

Salaries..

Contingencres...

Revenue Departments

Jularies. Contingencies.

Judicial Department--

Salaries. Contingencies.

Police Departments.

Salaries..

Contingencies.

Medical Department.

Salaries..

Contingencies.

Public Works and Buildings .

107

1297109

1368 169 14,340 176

710 169 499

76063

4609 1 42 2005 2 02 6614 3 5

6646 90

774 8 17,420,

3683 168

8261| 1| 12 | 11,944 1794

52500

| 177 |18|11|| 702|18|11|

Compiutations for removing houses and for a market place.

Miscellaneous. -

41784 0 114

175754632 537 1918

454 4 26

Total Expenditure during 184/6 £stg|60351 9|842

Victoria, Hongkong, 14 January 18677-

The disbursements of the fixed Establishment aw wither actually sanctioned by Her Majesty's Government, or made subject to such sanction. The payments for Public Works : are under Warrants from the Governor, upon

Reports and Betimates submitted to Her Majesty's Government.

Parliamentary tote in aid of the belony. £36,900 12

Actual Expenditure. £60351.9.8

12.0

Deduck Revenue. 27047.0.8 33,304.9.0 Saving to Government on the year... 3,596.3.0

Colonial Secretary.

(Signed) W. T. Merar

Acting Colonial Lectur

108

no

Hongkong, being a brown belony, has Representative Assembly. The Executive Council consists of three Members besides the Governor ; according to the Instructions under Her Majesty' s sign manual . The members are nominated by the Governor, subject to the sanction and warrant of Her Majesty. The only member of the Executive having a seat in the Legislative Council is the Major General Commanding .

Victoria, Hongkong,

3rd.

3th February, 1867

Colonial Secretary

36

N.17

Financial.

2

Copy to Freas: 11 May /1/ (he

10 Jun, 2

My

Lo

AFR 23 1847

109

Victoria, Hongkong, February, 1847.

12th

had the satisfaction

to learn from Your Lordship't. Despatch No 26 of September 28th that the Estimates of Expenditure for the Year 1846-47 had been approved, provided that all excess of Expenditure beyond the Parliamentary Provision of €36,900 for the Colony, be

on

the

defrayed from local resources. and that the drafts Commissariat. Chest do exceed the above

The Right Honorable,

The Earl Grey,

do

70

oots

Jun.-

The Enclosed will I trust demonstrate to Your Lordship

that

a

remains

Balance of £9.119

to the credit of

the

ཀན་།

Colony from the Parliamentary Votes, to be appropriated (according . to the permission conveyed in the above despatch) as part of

the

ways

and means

of the

the

Government for meeting, expenditure for Works already

in progress

02

approved..

   With reference to the concluding Paragraph of Yours Lordship's despatch, observing, that Estimates should be forwarded in September instead of

the following, June, it is Satisfratory to find that general. Estimate for the Colony,

Consulates in advance

p2.

for the 1848, was

110

Year ending 31th March, transmitted in mys

Despatch N: 119 of 5th October

Shave

Now

the honor

to enclose detailed Estimates of the Colonial Expenditure Nir and Revenue for the entiring.

N3

Year, commencing, from the 1th April next, and to add

below a general Summary of the whole account

estimated

as

Estimates of Colonial Civil Expenditure. £39,370. Civil works in progress or sanctioned_

Executing

under Ordnance dept £14,300

2/3 th Pittimated cost of church... 4,700 Road powe Staully to Aberdeen 11,000

from Janks in Victoria

other works.

11695

15365 £40,000

of the above say to be executed

in

year ending March 312, 1848,

35,000

£74,370

Estimate. of Colonial Revenue,

£28

28,000

Balance of previous Voto's

J Parliament-

}

9,119

37, 119.

Vote for the

enduring year,

36,900.

for

A

£74,019.

Year

Jay, same, as the last-

With the exception of. Government House, which I have purposely left to the last, the £40,000 estimated and approved for Public Works will complete

the

Colony

urgent wants of the and I trust that until they finished, Her Majesty's Government will be fit to

Are

expenditure

supply, the means of expend

by Notes to

by

a n

amount not

inferior to that of the current Year, namely, L36,900. The "Colony has to well repard by general prosperity, and wonderfully,

111

improved healthines, the careful

already

expenditure which has alread been made,

that it is

an

encouragement to continue it

or two longer.

I have the hover tobe,

With the highest respect,

Your Ledshift,

Moth Obedient Humble Servant,

Ndain

seen.

hi pacesor

of trusted, while

allentina & turfgs.

In the mean

44

lime sefer us prefered

to the yy 9.5%

Bapril, Mr. Blackwood

Well you mable me to lay before Lord Grey (in a reparate

•haper) any suggest as which may occur to you on the s

Mr. Nawes

magh her words auteur, to which I have nothing to add, except, indeed, that this is a subject which seards

to fall peculiarly withins four farmer ff

ffbina

siting

вс Арий

avestigatry

this moment. I den entsten

heusay.

D

этому

pertly

sand, that comba

about Haughey

the

N.17. 3 Inclosures.

The Earl Gray. Dir J. H Davis, 1.2 February, 1847.

Received

31st March, 1848.

"Revenue for the year ending. of the Colonial Expenditure, and Transmitting, retailed Estimates

có 4 chúng trong

Mr Stephen.

which ascogne,

112

I have perused this despatch, and nave cepamined the Estimates of the Receruce and Expenditure of Hong Kong for year ending

the 31 March 1848.

the

the

I perceve that there is some difference between the Estimate laid before the House of Commons

7

the sur

required for depaying

the appense

The

of the Girl Establishnout of Wong Kong for the terrent year, and that which is now parmisted by the Governor for the same peinst. difference consists in the amount proposed to

be devoted to public works.

The Governor

would appropriate ₤ 35,000 to that service, whilst the Imperial Gest will only allow hime to spend £22,777. Recence which amounts to about £20,000 the dijcct, being to bring the chaye for Hong

or at most the Colorical

Kong

of the Gost

i

down to it's lowest limit. I do not

whether they have

obsecrations to offer

The Lord Grey will the avions

113

on

to

the subject, put the Governor in possession of their views at the same time that be writes to unform

year.

Live of

the account noted by Pault fatte Civil

Hong Kong Justice. 24.

" May. 1847.

Apps hard however that any real muconsinane Estellishment of Hong

will be sustamied in consequence, for reducctions

are being effected.

es vacancies occur

in the salaries of the public Officers, which with give the Governor a suplasare this,

this year,

and

in

mable him to supply the required slicing the

and if that should frot be sufficient the difference may

some degree

made

In the meantile I teach that

it would be proper to communicate thiès

despatch to the Treasury, and enquire

Estimates great glar.

4

Satered

H K

114

2. Surely on fre

lg ng

6.

11 May 10287.

Sam diuited by Perl Grey

to transmich to you

for the

information of the Lords Commisseriest of the Feasury

the recompeeping Copy of a Despatch from the Govremen

of Hory Morry enclosing etsteiled

Colimates of the Revenue &

Expenstiture of the Morg for the quest years and Same to requech that you

will more the Lords Commit

to Cause Ford Guy

вир

to be

i

appivized of their opinion

refore the subjich of these

Colimated, in order that

the

be

Gourin may placed in propression of

their Loreslips views et

the same time that be is

informed of the amounts

which has been voted

by Farhanesh for the Girl Cotellishment of

Hong Hong for

Gresent year-

Shave

the

Intend

Fir J. Baris

Sis

130

да 96 115 10 June1047.

I here to achumolidge the

receipt of goud Baspeth

A 17. of 12. Volmary last. Fransutting

detailed

Climates of the Revenue and Expenditure of Horry Hary

for the year ending

31 March 18470.

the

Semlere for your information

and guidance a Coffey off

the Probamentary

Chemite

for Hory Hong for the

present year, from abichgen

bill

& percure

Vote for

that the

think the Service

of that Settlement has

been reduced to £31.000.

As the charges for Establish.

 ment comprized in the Colimate submittedl in your despatch do not

exceed the Expenditure

stender thich head Contion:

: Pleteal by the Solimete

for the bil Sevice which

 has been already Sanitored by Perbament, H. Miss Godt. have

have no

objection

116

to offer to this

the Estimate

Jash of the

but with respect to the estimated charges for

Contingencies and

Public Works I have to

dish

your particulen

altention to the reduction

of the Bite, in order that

the

these

expenditure for Services may be regulated

auntingly

There

117

Balance Remaining to the brutit of the Colony from Parliamentary Veles.

Received from the Commissariat China,

On

Brecourt of Parliamentary Grants.

415,575, Gr St

55,000.

15,000,

2

Frome 12. Afvil, 1845, to 31a1⁄2 December, 1845.

12. January te 31st December, 1846 Ph January 4.31 March, 1847-

Total Received_ F. Balance of Public Movies on 14. Ahok. 1845 -- 16,177-9-9%

Prol.

L131752.19.14

#

115,575.9, 4

Paid therefrom on account of Her Majesty' s

Diplomatic Department. and Consulates int China, from 12. April 1848, 43rt March 1847 559004 " " " Leaving against the Colony. £ 75,852.19. 14 Intable Balance in faveur, on the 12 April. 1847

Add Colonial Agent's Account for 2 years.

Parliamentary Notes for the Colony :

fer year ending 38th March, 18467-

1816-

Fer

or year ending

3pt March, 1847-

1852.19.14

A 74,000 n

"

2,520,

|76,520,, .

£48,739 s b, go o "

Pedrol Receipts from Commissariat avatex _.

In favour of the Colony.

48 5,6 39. ~~

17

76,520.

9.119.

Signed) W. Ke Mercer,

Snex Copy!!

aclme jéluial Treasurer-

Maine.

davi al secretary.

Hongkong.

Estimate of the Expenditure for the year 1847-48.

118

Saluries.

Wages

Total.

Governor and Chief Superintendent of British Trade 690700 Aide-de-Camp-

300

6,300

•Colonial Secretary.

and Auditor

General.

4800

Colonial Chief Clerk.

472 10

Office:

2nd Clerk

2701

3rd bleak.

243

ی ہے

4.

Clerk.

216

3001 10

Colonial Treasurer and

Collector..

400

Freasury Chief Clerk..

405

2nd. Clerk and Accountant. 3rd. Clerk..

270

250

1825

Clerk to the Auditor General._

250

250

Clerk of Councils.

Chaplain.

Scclesiastical block to Chaplain.

100

400

700

10 168

710

Surveyor General..

800

Clerk of Works.

550

black of Deed Registry.

375

Clerk...

250

Clerk.

Overseer of Roads.

187 10 187 10

2357

Land Office

-Chinese Clerk.

Eversen of Conviels.

Overseer of Coolies.

6 Coolies..

Office Coolie .. Messenger...

50

62 10

37/10

75

15

15

255

2605

4,537

68255

14,792

68

Jalaries.

Wages.

Total.

Falaries.

14,537 6 8 255

14,792

6

|23,354 16 8 1,715||

Harbour Master.

Wages. Total

25,069 168

600

Assistant Harbour Master.

300

Clerk to Harbour Master.

150

1,050

Harbour

Master.

Interpreter.

Gun-boat.

5 Lascars (Boat's crew.)-

| 10 Chinese. (Boat's crew!.

1 Office Coolie.

1 Boy.

1 European Gunner. 5 European Seamen. 1 Manila Tindal..

19 Manila Seamen.

Chief Justice.

37 10 150

195

(Chief Magistrate..

Assistant Magistrate.

Interpretes. - Chief black.

Clerk..

Clerk and Assistant Interpreter...

4000

500

31210

250

137 10

100

15

10

Jailer..

407 10

1457 10

Chinese Clerk..

Assistant Jailer..

Turnkey..

50 175

50

150

Executioner.

37

25

250

37 10

570

1007 10

Mohammedan Priest.

Compradore...

4 Coolies.

12 10

3000

Attorney General.

Clerk to Marine Magistrate.

Police. Saperintendent of Police..

1,500

Registrar.

750

Deputy Registrar..

350

Interpreter of Chinese.

405

Clerk to Chief Justice .

300

Clerk to Court

300

Chief Usher.

Bailiff.

Sudicial. Interpreter of Malay, He..

Under Bailiff... Mohammedan Prest

3 Coolies. (Messengers)..

Registrar General black...

Registration . 1 Chinese Clerk and Franslator..

1 Chinese Clerk..

50

150

8

44

62 10

3710

12 10

6917 10

4

45

6962 10

20

550

200

62 10

37 10

6 European Sergeanto -

Acting Sergeants.

1 Indian sergeant..

6

Acting Sergeants. Constables..

Chinese sergeants ..

Acting Sergeant.. Constables..

2. Station Coolics... 3 Horse Coolies. _

|23354|16|8

850

25,069 168

37% 10

60

150

500

Assistant Superintendent :

12.5

1 Inspector.

250

2 Deputy Inspectors.

80

Informer..

36

300

320

Constables..

1540

40

180

11,575 |

50

80

300

20

40

3441

4,892 10

5333 10

L

|26,745|16|8|6607|10|

33,40368

Medical

General Department.

Colonial Surgeon..

Scrston.

2 Burial Ground Heepers.

1 Messenger.. (Compradore...

Shroff...

Peter..

Gautener.

44 Messengers. Scavenger.

Rations for the European Police.

Rent of Police Stations..

Medicines for Police, Prisoners, te_

Maintenance of Prisoners.

Rent for the Governor's residence.

Supreme Court._

Horse allowance to the Clerk of Works..

of

Bverseer of Roads.

Allowance to the Assistant Magistrate.

Sularies. Wages.

Total.

26,795 16 8 6,607|10|

33,403 68

500

60

ཅིརྒྱ ། ས ི་ཅི

602 10

.30

12 10

3210

25

20

15

60

15

10

167

34173

10

27,295 168

4877

£.

950.

20868

140.

129868

840

625.

375.

| 4,000

25.

25.

62.10.

112 10

:

Ordinary Contingencies of Departments, viz : Printing, Stationery

Maintenance of Horses in the Police Force, 41, Sc..

of an Orphan ..

Maintenance`

Fransportation of Convicts._

120

Year

Estimated Revenue for the Thas ending - March 31 1848.-

Crown Rents.

Rent of Paddy Lands, and Chinese Qwellings. Deposits by Herchasers of Land, and Fees on

Rent of Markets

Rent of Government Buildings_

Preceeds of Auctions, 15 por Ant-

Chium Tan

Retail of Spirits.

Stone Quarries

Salt Weighing

Auctioneers.

Fawnbrokers

Jees.

Sicenses, iz

-viz:-

13,000.

400.

Leases

400.

1,650.

700.

500.

3.900.

1,500.

437.

833.

150.

Sundries.

133868

Fines

710.

600

L

39,370

Total Estimated Amount of Public Works sanctioned.

Office Buildings commenced under Ordnance Department... £. 14,300.

Two-thirds of estimated cost of Church.

Other works in

in progress

or sanctioned.

Maisie, bolonies Secretary.

&

£

4,700.

21,000.

49000

Signed! W. T. More

Acting Colomil in

Police Assessment Sailing Letters and Fasse

(True Copy Maisie teolonial secretary.

750.

1200.

100.

600.

2,000.

40.

28,160.

978

Executive.

Copy to Adminally // May 147/Scien

My Lord,

130 trong động

RECE!!

CP

APR 23 1847

121

Victoria, Hongkong,

15th Febmary, 1847.

I have the honor to reply to Your Lordship's Despatch N. 35 of October 17th on the subject of the Colonial gun-beat ex

cruiser

It is satisfactory to have received

Your Lordships sanction to the employment of this vessel as an ex

experiment, in which light "I had deemed it right to limit the trial to

vessel only . As some report is expiceled. from me of the result, I am glad to be able to forward the enclosed account of her

one

which for the time

of her services,

are considerable

The official note from Keying, enclosed

in my Despatch & 3 of 1845 to Lord

The Right Honorable,

The Earl Grey.

Je

Je!

Aberdeen, conveyed the full consent of that minister

measures on our

to all necessary

1 part against Chinese Pirates, and at the same time disavowed all sanction on the part of his Government to private boats carrying armes. Under the latter circumstance, a general disarming

measure may become a point for consideration.

I have already had to report to Your Lordship that one Pirate has been condemned

in the Admiralty Court and executed.

more are

Three

- awaiting Transportation for life.

On the arrival of the new Admiral

on the station, Ishall not fail to make such

@

communication to him as

to carry out the views

be

may be necessary

of the Lords Commissions

of the Admiralty as to attaching

6 the,

گھر

re gun-

oners

boat

as a tender to the flag-ship! Her sizes is such

that I apprehend it will be deemed proper to

place a warrant, and not a commissioned, officer

in

- charge of her, but this must of.

course

be

ai

subject of consideration . The proposed mode

122

-boat will I presume

of commissioning the gun entitle the crew to the advantages of head money

for the capture of Pirates.

In some cases of captures, it will appear from the enclosure in this Despatch that I have received applications from the Chinees Government; under the Treaty, for the delivery of the parties, and in all cases where

there

were

- proper specifications and proofs of their having been quithy towards the Government and

were handed over. Their

people of China, they punishment is much more, severe than under our

Summary

and

I have the honor to be, With the highest respect, Your Lordships,

Most Obedient

Humble Lervant,

Ndani

!

L. Jawes

See hi. Suurdoch's answn to the,

HD

Get upon And Mardoch's suggest. ".

N. 18.

The Earl Grey.

13th Felmary Jin J. H Davis

Received

1 Inalosure.

Enclosing a Statement shewing,

the services.

the Government

Gun-Boat for the last & months,

and

reporting

thereon.

Thes

yo M. Kong.

Instephen

All that can

123

be done on

iral preaut is Iconesive, rendit to the Admirall their information - The respondence is stile complete- and camest mmpleted tile the need dmiral shall have arrived

the China

rided

on

Pear and have

arrangement;

the

attaching the Cruizer

to the Flagship. The Kiswhich having already sanctions success.

до

thier plene, reference to them with as required at the present st

-

but if the Crucigen thou be rolebliche

ou a

Eventually

a permanent footing would be necpung Bugt The Kearing,

having

the arrang

herubuitles

W them merely

as a

temp

Experiment. the contine

124

was to defendan

Под Holly swap!

125

Restaur

Hamilton RN.

undeby BL Stephen 4 Nalawes

h.18.13.

11 May 1069.

With reference to previous

Consspondence on respecting

the measures which have been

adopted for falling out a Cruciger to be empleyad gamith

Pirates

ein the

Hony Honey;

Grey

vicinity of

Jam ducted

by last to bensmit to you

Λ

for the information of

Loras Commissioners of

Admiralty the Copy of a

the

the

Despatch frome the Gorman

of the

Cory reporting

the

result of the

experiment,

and the services which

have been rendered.

this resoll.

by

the Hart Heren Berate

Hare

126

4o

127

Services of the Colonial Gun Brat. Commissioned 4 June 1846.

Date of Description Where taken?

Capture

18.46

Boate

of the

June 19th Small Class Viralis Bay/

Centipede Boot

Fat

Nov. 15", "Sarge nach Tot. tow

Nov. 23" 2 Boats.

Small fishing atheist. par.. bout 11 Fast Bout

Number of persons taken

Number of Gerns

or offire hots

14 Men

1 Womant.

3Guns, 3 Gingalle

Ja mumber

ncord.

12 Mon

Boy

wan?

Deck! 12th | 2. Farge-

Berlin Fishing Bar Chung. Chow-

Dec. 26th 1 Long-

1847

tentikede Boot

Near Lochow.

Jetten alive.

J

Flemarke

Underwent sxamination Before the Chief. Magistrate,

and Released by him the following day!.

4 Guns 2 lingalls Undervent examination before the Chief Magistrate, and-majchli.:

cation from

the Chinese Government delivered Mandaries, according to Iovaly.

Avore, Baniteo Bethel

Noquistation, a number of

1. Man killed, Bamboo Spears YC,

43.tten, and belguns, welbared. 28. Men & Women 4 Gures, well aimer -

all exahed but 4

Haw, left cosperately I Gune, 1884.

rvounded

Fone thatten Women

Decbr 28th Montipede Bout

7

Bay Surge finding 2 Green Island.

In a

19-18 Pr

Whelton 16 Homt

1-18 Pr

56 l'en,

4 Guns, 6 Gingalle Swords, Spears. 40.

Jan 4, 23" 1 Large Fast Boat & amme

Island.

20 Men,

Jany 18th Bontihade Boat Sammo Island.

Victoria, Hov 1

13th February, 1857.

40 Pingalle shears, tother Implements of Warfare.

(Truebapy)

folonial Secretary.

Treaty.

they

to the Cowloon

Committed for local 3 Convicted and sentenced to

Fransportation for life.

Saken in

Company with the Blato Stramer, and handed

the Cowloon Mandarin?

over to

Man died on board of the Gain Boat :

7 Committed for trial at the next sessions, There applied -

-58 Osste, re

for by n

Delivered.

over

delivered

erence в

to the Cowloon Mondarial.

terboolson Mandarins

applications .

official

: Committed for trial at the next sessione. The Comainder :

delivered over to the lawloon Gandarin, ou lequisition.

(Ligned! th. Fedder

Harbour Master:

to 18, 71847. Inclosure in Despatch

128

N. 19.

Miscellanious.

to Mr Webster 19 May [47.

My Lord..

APE Z 1847

On the

Victoria., Hougtong,

15th February, 18117.

receipt of your.

Lordship's

Deepatch N. 40 of November. 3. I let no time_ in referring. Mr. Webster's renewed._ pretensions to compensation, for a lot of

resumed by the Colonial - Government-

a Board of officers,

ground- to the consideration- of a composed of the Acting attorney

Acting Attorney General,

the Treasurer, and the Surveyor bennal_ The enclosed-report. of these -

bentlemen, after a careful - consideration- conroborates the opinion

of the

case, merely

before- arrived_at, namely, that Mr. Webster, as a purchaser, was bound by all the obligations

attached to the property,

of Right. Hounable,

The Karl Grey,

Services of the Govern Statement shewing the

Services by the

February 1867. from the June 1846, to 13t

tc.

fo

Yo

whether he made himself acquainted with them or not, and that if he has

 claim against any parties, it is not against the Colonial

the Colonial Government.

a

I have the hour to be,

With the highest respect; Your Lordship's .

Most Obedient Humble Sewant, Davi

129

Bee

Referring

По пи

The case buck

opind of the office of the God on the prepared to act contrary to the

Be the Comm- norum q

Shot who have so much better means of

enelor myself._ Communicate /:

a their despattha to MW..

language, time was

of the essence of the commnet " And

granted in condition that a Banach old. be built in it within six months, subject to torfeiture of it were

It seems to ime, that masmuch as the Land in questing

Sir

& Davis

The Love Stanley.

15 February, 18467.

Received

1 Inclosure

N. 19.

Further Report in Mr Webster's job was er gezorgens uz nicht wirde gerich

hut cheadz s centred

State, on a separate paper what but the

on this Subject IS

Lee

answer to this direction dated the & May

J. Hawes

I think that the questio

in this case.

has shongs

whullen a Contract to excente

Certain Public Works, in within a given live being broken by depended one the supping

the Contractor the for it may

justly

not equitably, insect whore tie consequent forheilues of

renewed potentions to compensation pays the rich of my off on your h you to cry

for.

Colonial Gör

lot of ground resumed

by the

and

nob 10 built, Theilten

The schoon.

30 Apiril

off this six months, was weater

thie Building thougte after the lafte

Peace before the michies

Sough

  This any object and motive of it of this essence of this Contract because

for enforcing the forfeiture. Time was

of carrying on

belligerent

Shought otherwise. Phout the lifer be efereed agains also, I think, was war Land Ständigt ochemien; barb lie L. C. an fications in China; which object was defeated by the die zu buch was to provide the front with means

sunder all the eas have had tince but equitable

Kent. J. Welles thand,

to then.

fuller Building exacted. It? Wke the chemi

Si

69, trong lòng . J. Dairs des p/ 2019. the 15 Febr. /47.

Mr. Stephen.

This is the answer to

Your minute of thee 30 celtics on the above

Mentioned despl

ABD

11. Jkay.

#

The

Case

130

of Mr. Webster

has been serval times.

under the consideration

of this office, and of the Land Board. The

ceramister

17

are as

Jellow:

In 1042 a certamie

t of land at Hong Kong

pas

assigned to Captane Thick, subject to such conditions as to rent as

the fort should

affemands determine

upon, and to an Migation that he should

limited

within

a

period builds a Daguer upon it for the use of the Troope. Captan Meike, as stated in

Sir #. Pottingers letter to Major Caine of 9 Jans43,

did not fulfill the agreement, and the ground remained vacant until some time after the news of the Treaty had reached Bong Kong. Mrr Webster, however, alleges that Capt. Sheikh had actually expended money in bretting the ground, and had made propass in building upon it,

when,

все нал

in consequence

of sickness.

compelled to quit the

теле

Au

Soland. On his departure he left nistructions with Agent to dispose of the loto of ground, & the buildings "Thereon, and they bought by Mor Webster and another party. The trans for was effected during Sin #. Pottinge's absence, and received the sanction

f Johnston, the

Mr.

but ?

ad

temperary Administrator of the Get, whose proceeding regards the disposal y

Crown Lands have all ban

of

productive & much

complaint. As soon as

Si

4. Potterci had resumed

that

thee Gort, learning building had been completed on these Lotsy Captain Theit be unfermed Webster that as Captain Theit had failed to

fulfil the conditions on

which be Married the Land the property had recerted to Ate: Crown, Mr Webster

Auswered

claim

Wheat be. rested this

on the documents

sheving that this transfer

the Land had been affected

under the sacction afte

Head ofthee Gort, on then faith of which he stated that he had

expanded a lave surn

of

Money. On this the Gov.

Money

informed him that be otch

hold the same

opinion, bah

thest the confirmation of

such acts tested with A.

Mr. Gost

In reporting upon

this case Sin #. Pottingen

Jave

M. Webster the full

benefit of the fact

that

the transfer of the dots had

been sauctioned by

Dr.

Ichuston, but contended that if (ap. Theck had

Even proceeded in th the

Wilding they

must how

been pulled down as

they

queronted

5. Ming. /63.

mccroached upon

the Public

132

Road - that no pormipion

had been

gison by the thaston

to enlarge the original allotment, & that the whole traus action had taken place

2

o of peace

long after the news, had reached Hong Kong,

had

given

a value to

the Land which it did att

before popes.

Lord Stanley having desired Sie Herery Otisiger not to

saccition

any provisional grants informed the Gor that the proper time for

deciding upon

Mr. Websters

claim would be when the

(proposed) suquery

wwas

made into the equitable claims of all holders of Land in Hong Kong.

Mr. Webster aftermands came to Eyland, and his case not having been

 wing settled in the Colony be Jand. /45. preferred a claim for deterioration of property, and for the rents which might have been Itained for the Buildings. He also begged that, if Lord Stanley did not decide upon his

case upon

the facts which be adduced

this claim might be referred

to the Colony.

The desired reference was

accordingly

made to the

who reported that, in

Gaciner

1473-5Jane/45.

opinion, Ihr Webster was

netitted to no compexesation

at all.

was communicated to the

2. Get:/45

The Governors report

Land Board.

133

Their spersion was, in

A measure, opposed to the

on the quired

Governers,

that Mr Thick had made

оти

progres

hieldings

in necting

sland

on the grond

water when it was sold

to Mr. Webster

Acting Givernor

that the

had

sanctioned the transfer- that M. Webster, had

Conteniced afterwards

t

carry in the works, and that Sir M. Cottonjer peace having been proclaimed & the bazaar futthe Froths

no

longer wanted

of that concomitance, being accxiones to have the

dard for other purposes, avaisted himself if the fact of the wielding

having

not

Eseen completed

within the prescribed time, to insist on the forfitione

of the great.

2

The Land

Board coundered that

Gut could, in street

reight, have depicved

M. Webster of his Laced

just as it could have done lap. Theik bat

that it would have

 Елек with a jast liberately to have allowed hain

more consistent

some cidersiet forties

outhay. Lord Haully

the Law

not convinced by Board theat Sr. Websters

to

C.B.6 M. Webster

3 No 45.

M. W. 15 Mar/45.

"

2 Dec. 1/45. 27 Mar. 45

f.b.5

6 Ger.

o Den 145

was a valid claim for 134 compensation as

agacert h

да

but his

Govt ofthe Colony, Laushing thaught that Mr. hoboter might pechaps have a claim against Pap thick. Such beery his

view his Lowship sout Mr. Webster a copy ofthee Gounis report stating at the same time that he Concurred in the record

the case latton by the Governor, that he could M. Webten recognize

not

claim.

Mr helsta remonstrated to

against this decision- & that remonstrance wor

forwarded to the

You

with was treations to him to

to state whether he persund

Any

reason

to atter his

riginal opicion & the case.

o

The Governa ausucied

все наш по

groured

that No

to have

this pist opinion, that the

hausaction was au

affair

between M. Webster, aced

M. Thick - against the latter

-

of whom the claxia rafich

to be preferred.

Then

SM. Webster was.

No 39.20 apil fub

/46

Laced Board. S Jaly. (46.

15-bet

Made acquainted with the (8.6M Webster

Governor's report.

Mr. Webster aus. theat Communication by still

insisting upon its claim.

was

again

the Gorena referred to, copies of th

Mr.

25 auf / 46.

M. Webte

13 Aut 16 Lekar.

46

Dept. 3eror/46.

Webster's statements being forwarded, in order that

135

he night see folly and exactly the arguments by which Mr. Webster supported his pretensions.

The ausver recieved

pom the Guera is

the

despatch, No 19. y/ the Thich 15 Tells lost on

you have requiered their statement to be prepared. The purport of it is to thist the Repert Day

off a Commission deputed

to investigate the case, Confines the opinion originally entertained by the Givernor

"That Nur Welat

" as a

purchaser was

bound

by all the Negations attacked to the property, whether he made "huiiself acquainted with

Thom

or

not, and that of

" be has a claim against. My parties, it is not against the Colonical got APP. 10 May (47

?

Iatured

Webster lope

Nether #Bares Bol Grey 18

Mg. 15 February

A

136

19 May 17.

With reference

t

any

letter of 5 of how losh one

свий

the subject of the in

Sabjesh

which you

have advanced

to comeficusation for the lof

of certain land in Hong

Rong, I am divested by

Grey,

lesl

to transmich to you

the accompanying copy of

a Despatch from the Gorman

of the Corey exclosing the Report

of a Brand of Officers to whene

Cous divation the lake bask

been referred. Sene further devited to state

is

to you that Lord Grey.

rech

I quepared to act

Contrary

to the opinion of

the offices of the

Grition

the spot who have so much

better means than his

Lorddics of forming judgment, sesson the subject.

theve

Copy

N. 12.

Air,

we

137

Victoria, Hongkong)

14th Lobmary, 18407.

In accordance with the instructions

conveyed in your letter of the 12 Instant

have the hover to make the following Report on Mr Webster's claims to compensaties him from Captain

for ground purchased by Meik and subsequently disunsed by Government.

Ciror

We consider A? Webster to be in

Regarding

the nonexistince of any

record of the conditions under which the ground was granted le Captain Sheik,

as previously to the transfer of the property.

by

that gentleman's Agent to Mr Bebster

30th Septanter 1982. a letter / copy of which a

:: copy of which we send berewith, Honble: Majer

Major Caine : Colonial Secretary.

 was written by Mr Reqnolds, the Sand and Road Inspecter, fox the informatione of the johnster, then adminishsing the Government,

distinctly set forth .

tvere

in which letter the conditions

if these conditious, then, thus placed on record Mr Webster cannot

blead.

ignorance,

inasmuch as it was

his duty and interest as purchaser of the ground, to ascertain all the particulars regarding it.

i dav

C

It appears that the ground. originally granted to Captains Meck for the erection of a Bazaar of the Military, a specifie object, by which Government proposed. benefit to itself; this object not being

for the

16-20-

attained in

non =

consequence of the

of the

fulfilment of the conditions

grant, & for.

of

av slated in : MrReynolds

letter,

السلام بھی ندیم

138

:of

the conditions imposed

WVOCE

that the Bazaar should be built within

Lix

the from the date of the grant;

and suck Bazaar

was

not erected withiin

the allotted time) it is plain that

Govenment had

every light, if it saw-

fit, to denter upon possessions of the grind.

Mr. Webster have sustained

may

a loss, but for the reasons above

ao

given,

aut

the transactive between him and

Captain Mech

raz

and one in which the govemment had no

shave.

120

of a private nature,

ve of opinion

that. WiWebster have

but.

legal or teasonable cinim

usson.

must leck for compensation elsewhere than

te, Her Majesty's Government:

We have, &c.

(Signed) Chat Molloylanpbell.

Acting Attorney General,

(signed). W. J. Mercer.

Acting Colonial Treasurer,

Signed Whas: #thee; bieverty.

Sherveyor In veyor General

Colma secretary.

139

Copy.

30th September, 1849.

Sit

Im Reply to your

letter of

me this day,

yesterday's date received by

Stransmit the following orders for Mr

Johnstons information.

12h The Land was

granted to capt Meik For le build a Bazaar, and the boundaries of it are as follows; fromt Captain. Mergan's Bazaar to the Black, Rock opposite Hongtiong Tavern, and Cunning parallel te. Mr luchterleng's Bazaar.

Zudy; that he is to hop in repair, the

drain that. Zuns in

heep

his property .

30. That is trable to forfeiture, if Almida C90%=

Je.

not built in within six months Some the

N°20

date of the grant.

Legislative .

4th Cepet Heck

engager de cemove all

obstructions, his workmen

may

maties or

place on the Road, if he be allowed to place

matinals

als for building on half of it.

I have the lever to be

به روز هر کسی داده

Your obedient servant.

; Signed] C. G. Reynolds.

the draft,

Ime Copy of the

in

: W. Reynolds hand writing

Signed] Cha #140 Cloverly. Surveyer General

Ponerly! Mais

Belenial Secretary,

котору

oput.

192 khuy động

My Lord,

RECET

APR 2 1847

In

140

Victoria, Hongkong,

15th February, 1847

connexion

with purposes of

both Police and Revenue, the Legislative Council has been led to pass the Ordinance which I have now the honor to enclose sified Copy, being No 1 of 1847. for ccusing Markets, and for preventing

orders therein.

there

d

Kittrent a specific enactment,

was no

legitimate mode, either of

licensing a Market for

an annual fum,

of

one

or of preventing the establishment. without such License. The intimate connexion

of such marts with the Police, and the nussity of subjecting them by special law to the

The Right Honorable,

The Earl Grey.

des

de,

control of the Magistrates, likewise suggested

necessity for this Ordinance.

the

The further clauses contain provisions against the erection of buildings of inflammable materials, as well as against the encroachments Crown lands and the neighbourhood of the sea-beach, by

of Mat and

on

means

Bamboo dwellings, to which the lower orders of the Chinese population are extremely

prone

I have the honor to be,

With the highest respect, Your Lordship's,

Most Obedient,

Maemble Servant,

Mais

141

23 April

Hup: Wood & Regen.

Sir J. The Earl Grey.

15th February, 7. Davis,

Received

/ Inclosure

No 20.

reporting on, Ordinance Fransmitting copy of, and

Markets and

18467 " for licensing set therein. -

" for preventing

HONGKONG,

ANNO DECIMO VICTORIE REGINE. No. 1 of 1847.

BY His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Go- vernor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Iler Majesty's Pleni- potentiary and Chief Superintendent of the Trade of British Sub- jects in China, with the Advice of the Legislative Council of Hong- kong.

AN ORDINANCE FOR LICENSING MARKETS AND FOR PREVENT- ING DISORDERS THEREIN.

[30th January, 1847.] WHEREAS it is expedient, with a view to prevent Disorders and preserve Peace and Tranquillity in the Markets already estab- lished, or hereafter to be established in the said Colony, that certain Provisions should be made for the Regulation thereof

Title.

Preamble.

mission.

I. Be it therefore enacted and ordained by His Excellency No Market to be the Governor of Hongkong, with the Advice of the Legislative established without Council thereof, That from and after the passing of this present Ordi- the Governor's Per- nance, whoever shall creet, build, or establish any Market in the said Colony for the sale of Meat, Flesh, Fish, Fowl, Corn, Grain, Vege- tables, Provisions, or any other Articles of Trade which are usually exposed for Sale in Markets, without first having obtained the Permission of His Excellency the Governor, shall be liable to the Penalty hereinafter provided, and the said Market or Buildings so erected, built, or established without such Permission, shall be pulled down and removed by the Police as a Public Nuisance.

Markets shall be

License, how tak

II. And be it further enacted and ordained, That all Markets or Buildings in which Markets are now held, already erected, built, licensed. and established in the said Colony of Hongkong, shall be licensed, and the Owners or Proprietors of such Markets or Buildings are hereby required to take out such License within Fifteen Days after the passing of this Ordinance, under the Penalty horeinafter men- en out. tioned for each and every day that such Markets or Buildings in which Markets are held as aforesaid shall be opened for the Sale of Provisions and other Articles as hereinbefore mentioned, and that every such License alull be obtained from and granted by the Colo- nial Secretary upon such Conditions and under such Restrictions, whether pecuniary or otherwise, as Ilis Excellency the Governor, with the Advice of the Executive Council, shall think proper to impose.

ate

III. And be it further enacted and ordained, That all Markets Markets to be or Buildings in which Markets are held shall be under the immedi- under the Superin- Superintendence of the Chief Magistrate of Police, who is hereby Chief Magistrate of tendence of the required to take all requisite Measures to prevent Disorders and to Police, &c. preserve Peace and Tranquillity therein.

IV. And be it further enacted and ordained, That every Markets to bo Market or Building for the holding of Markets, hereafter to be built, built of Stone, &c., erected, or established, shaft be oreeted, built, and established of after an Approved Stone or Brick, according to a Plan to be approved of by the Sur- veyor-General.

F'lau.

V. And be it further onacted and ordained, That whenever Markets built of the Markets or Buildings wherein Markets are now held, already Woodand requiring erected, built, or established, shall become dilapidated, in want of Repairs to be re-

built of Stone, &e. extensive Repairs, or shall require to be rebuilt, such Markets or Buildings shall be rebuilt of Stone or Brick according to a Plan to

Provided the Re-

he approved of by the Surveyor-General: Provided always that if the Repairs required to be done shall not exceed the Sun of One pairs required sha!! Hundred Dollars on any one House or Building, then and in that not exceed $100. case the Surveyor-General, upon being furnished with proper Esti-

mates of the Costs of such Repairs, and having verified the same,

may grant Permission for the Repairs to be carried into effect.

142

Buildings of Wood VI. Whereas certain Person or Persons have encroached upon and Mat on Sea- Crown Lands and the Sea-shores, and have erected thereon divers shores to be remov- Buildings of Wood, Matting, and other inflammable materials, to ed by Police,

the great Danger and Peril the Town of Victoria and the Inha- bitants thereof; and whereas also the said Buildings so erected as aforesaid, are inhabited by Persons of Ill Fame and Reputation, and afford shelter to Rogues and Vagabonds: It is hereby enacted and ordained, That it shall be lawful for any Magistrate of Police to order such Buildings to be pulled down and removed by Warrant to be issued on the Information of the Surveyor-General.

Penalty against Offenders.

VII. And be it further enacted and ordained, That any Person or Persons who shall offend against the Provisions and Enactments hereinbefore contained, shall for every Offence forfeit a Sun not ex- Penalty, how re- ceeding Two Hundred Dollars, to be recovered in the same manner as covered, &c. Penalties are made recoverable by Ordinance No. 10 of 1844; Provid- ed always, that in case any such Conviction shall take place and be had on the Evidence of any Common or Public Informer, he or sho shall be entitled to one Moiety of the said Fine or Forfeiture.

Provisions under

this Ordinance not liable to Appeal.

VIII. And be it further enacted and ordained, That all Pro- ecedings under the present Ordinance shall not be subject to Appeal, nor shall be removed nor removable by Certiorari or otherwise into any Court whatever.

J. F. DAVIS, Governor, &c. &c.

Passed the Legislative Council of Hongkong,

this Thirtieth Day of January, 1847.

L. D'ALMADA E CASTRO,

Clerk of Councils.

La Almada Castrof

Clerk of Councils.

143

A

Sir John Davis Rh

go.

Ind. Alesher - 7 tag 47.

Int. Hawes -7

Earl

guzi

12

144

(Berringst.

8 May 1847.

I have no. S. Berfi: daled the 15th of Deb 7. 1847 ( 20.20) The Ordin?

accrrufunging

it for Licensing Marketi

& for preventing disorders therein I has appeared to me objectionable, because it transfers from the Gor

d

Legislative Council of Hongking

%

to the for. acting on the advice the Executive Council, the power of

making Regulation's respecting

conditions and restrictions on

the

which

Machels shall be licensed and

Licenses oblained. But regulations

that kind differ from Laws in nothing except the name, and the Constitution of the Colony is,

that the Laws

of

it shall be

made in a certains prescribed

from, and with subject to the

observance of

curlaris Rules

"An Ordinance

Honghong

N. 1 of 18/17.

-Victoria. Regina..

Anno Decimo

for. Licensing

Markets and for preventing Disorders

therein.

30th January 1847.

Nr. 20 of 1847. Inclosure in tespaceh

of these the most malirial is

the enlex which reserves to H. M.

Uie serwer of disallowing anysuck Law. Every such security agains

haste and erron bol however

A

become ineffectual if the practise old. obtains of the Regulations ордайда of the Executive Grout for mact = ments of the Legislature. There

is not even the plea of any malivial convenience in favour of the inevvation, for the Legis- labie and Geonline Councils can

both be consulted.

by

with equal facility.

the for

For this beaton H. M.

is pleased to dis allow this

Pronance.

Na Executive.

I have ver

Copy

k2.

W

My Lord,

APR 23

1847

145

Victoria, Hongkong

19th February, 1847.

Since the date of my Despatch

Nr. 145 of 22nd December last, reperting

5 to Your Lordship the Transportation of 32 Chinese Convicts to Scinde, according to the previous agreement with the Government of Indices, the enclosed letter has becom peceived

the wish of the Indian Government

1 that the Province of Seinde should no longer be considered as a place of exile for Chinese

conveying

criminals.

I have the honee to forward a copy

" the reply which has been forwarded to the above letter, requesting that the Tenasserim Revinces may, according to a previous suggestiv

The Right Honorable,

The Carl Grey,

Jo

Jo

te!

 from the Indian Government, be now substituted. for

  Linde . Her Majesty's Government is fully. "in possession, through my previous Despatches,

 of the embarrassment to which the Executive of "this Colony has been reduced, by the want of any secondary punishment, except Transportation,

dissuasive from crime; and I trust that

as a

an

- agreement may be definitively made with the East India Company, which shall enable

me

to

carry out permanently the very necessary ancasure of inflicting the punishment of Kansportation on Chinese Criminals.

I have the honor to be,

With the highest respect, Your Lordships,

Most. Obedient

Humble Servant, ndanis

t

146

23 april

Dr. Hawes

I suppose that tie B..

Yo

oblain the opinion of the East Contioal thr be requested to

Abul 2)

Intred

Ich Souble: S G. Byng.

Ва

MaHawes 4

Earl Grey

f

672 Hongkong.

147

10 May 1047.

I am duisted by

last Grey

to you for

to transmich to

the information of the

Commissionest for the Affairs of India the accompanying

Copy of a Dropalets with it's enclosures from the Gonnes of Harry Hong, Conveying

the wish of the Indian

Gremush that the Promine of Sande should no longer be considered as a Jelac

of exile for Chinese Cenamels,

and Iam to request que

will move

the Commissionen

to otten the operon of

the bust of Decisters of the

Each India Company, as to the propriety of adopting the subject of this waspekt. the su

thee Expernor

suggestion & the Hong Kong that the Tonaporim Provinces sh. be

substituted for

a place

Seuide

siècle for Chinese Criminals.

I have I

tered

Deris.

19474

Forwardedly se MKZ

M&Stephen 3

3

MrHawes 4 Earl Grey

18 Maye

287

بودیم

148

5 June 1847.

There to acknowlege the

weigh of gown Daspeth de

21. of 19 Klway

in which

you biggest thick the

до

Sonoferim Pennies my

be substituted for Savile

as a

place of exile for

Chinese Criminals-

Mammit for your

Information and guidance

the Copy of a letter from the

Secretary

to the Commifs :

:

for the Affairs of Ireolian

from which you

will

perceive that a reference on this subject has been Made by the Court of

Directive to the

the Governor

Jannal of India.

Share Pending

the receipt of the auswer

to this reference your proceding in Heyard the transportation of Chinese Convicts from

Kone should be

khủng long

regulated by

the opinion

which may

=cated t

149

be communi=

to you

in famil

Thoroug

by

Mié

India

Copy.

Home Department

Judicial.

Fort William,

From

To

Sixt

27/46.

150

G. A. Bushly Exp

Secretary to the Government of badeo,

Fr. W. A. Bruce Esqre

Secretary to Government of Hongkong. Dated the 14th November, 1846.

I am instructed by the President in Council to bey that His Excellency the Governor of Hongkong will consider the request, conveyed in my hellor N° 438 of the 14th July last, respecting the transmission of Chinese Convicts to Seinde, recalled, as it is not deemed

out that recommendation.

expedient to carry

the 14th. November, 1846.

I have, te,

(Tone lapy!

Maine

(Signed) G. A. Bushby

-,--

Secretary to the Government of hidia

Colonial Secretary

Noby

N59

Ser

151

Colonial Office, Ketoria, Hongkong, 14th February, 1847

your

Ie reply to your letter No 446 of 14. November last, I am directed by His Excelling the Governor to state that as it has not been deemed expedient by the Government of India to carry out the recommendation prevreusly much that Chinese Convicts from Hongkong should be transported to Scinde, His Excellency and the Executive Council of this Colony brust that the other alternative proposed, namely, the transportation of the same Convicts to the Tenasserim provinces may

be sanctioned.

As it has been found impossible to

substitute any secondary punishment in lieut of Pansportation, that would operate

G.. 1. Bushby, Esq.

"Ccretary to the Government of India,

Je,

fo

fc.

as a

}

sufficient dissuasive from crime, the Government of this Colony would be reduced to serious embarrassment, unless some

       re place of exile for Chinese criminals could be fixed by agreement betiven Her Majesty's Government of Pandey's Governmen

: Government and the

I have, te, (Signed) WCaine

Colonial Secretary.

P. L. An early reply

An early reply is earnestly

requested.

J

J: 22

Civil.

Copy

to Rear: 11 May. 117.

Vide to Gov.

/10-18 Buy 147.

RECEIVE

go khong long 152 Victoria, Honghong, 167th February, 1847.

APR 23

My Lord,

1847

In reply to Your Lordship's Despatch N. 45, forwarding enclosures from the Board of Treasury as to the refused: of certain fees taken by officers of the Supreme

Court, I have the honor to state that the fees therein mentioned have been abready paid back to the Treasury, with the exception of the following:

The Attorney General, in Carr's case, -

Dr in Dent's case,-

The Sheriff, in Carr's

50 dollars.

50

100, or

case,

104

Di

in

Dent's

cases.

£.20.16.8.

Main

Colonial Serdary.

15-50

119.50, or £.24.17.11.

The Attorney-General, Mr Paul Ivy

The Right Honorable,

The Earl Grey.

Je,

Je

Sterling, being at home on sick leave, and salary being still due to that,

:t gentleman during his absence from the Colony, the amount of £20. 16. 8, es recoverable by Her Majesty's Government by deduction from any payment to be made to him:

The Sheriff has been directed to pay back without loss of time the amount opposite to his name . As the instructions received from How Majesty's Government required that all the fees hitherts received by the Sheriff or his Deputy should be refunded, an order to that effect was given, and it was followed by the Deputy Sheriff. ( by whom the whole duty has been performed), tondering his resignation in the enclosed letter, forwarded in another from the Chief Magistrate

I was at first reduced to some embarrassment by this, as there appeared

- prospect of obtaining efficient.

no

services

N2

153

except at the cost of additional salaries; but with some trouble I have been able to effect an arrangement by which even some saving is effected, and by which the duties of the several parties will continue to be performed as before.

I before reported to Your Lordship. Despatch N. 142 of 16th December last, that the salary of the Chief Magistrate

Sheriff had been reduced

£1000.

and

per

annum

to

from £1200"

Mr. Hillier has consented to

the further reduction of his salary to £. 900 per annum, on condition of his being relieved from the responsibilities of Sheriff. The duties it is impossible for him to perform together with those of Chuf Magistrate.

The Registrar Generals salary has been reduced from L. 625, and allowance for a horse, to a total,

sum

of

:

annum, on

the appointment

£550 per of e

Mr. A. L. Inglis, in the place of Mr

Fearon.

  The Assistant Magistrate is to perform the duties of Sheriff, Provost

Marshal, and Marshal of the Admiralty Court, without fees from the Treasury,

increased salary of £.700

receiving

the

per annum, in lieu of £500 and £60 before allowed him for travelling charges The whole is presented in a condensed form as under, subject to Your Lordship's sanction.

Former Salaries.

Chief Magistrate.

500

60%

2,209.

occasion to report

154

a

I take further reduction in Colonial salaries, in consequence of the resignation of Lecutenant Wade, as Interpreter to the Supreme Court, with a salary of £.1405 per

annum,

and

the

appointment of salary

Mt. J. M. Marques,

of only £.300.

on ου

As the Board of Audit

~~

appeared to be uninformed of the circumstance, I beg to observe that tice Admiral Sir Thomas Cochrane's action against the Editor of the Colonial Paper was fully reported: Despatch No 104 of 1845, Lord Stanley,

Stanley, and that by

in

Despatch N 52 of 27 May 1846. Mr. Gladstone, I was informed

from

1,000.

Registrar General, and allowance for horse..

649.

to

Assistant Magistrate, and Deputy Sheriff.

Fravelling allowance.

Present Salaries.

Chief Magistrate.

goo.

Registrar General.

550.

Deputy Magistrate and Sheriff..

yoo.

2,150.

that arrangements had been made by the Lords Commissioners the Admirally, for defraying

the

question : I have

expenses in faster the honor to be

With the highest respect,

Your Lordships,

Most Obedient,

Humble Servant,

ndanis

155

23 April

Mr. Hawes

y

This is for the informat Treasury of the

23 april

show to

Mor Mudhon, as reg. "the feelie Bitur

The Carl Grey. Sir J. J. Davis,

19th February 1867.

No 22.

2 halosures.

Reserved

with certain reductions and in appointments.

consequent therton, together and reporting arrangements by officers of the Supreme Court; refund of certain tiles received 17th November, relative to the Replying to sexpatch N45f

changes

Intered

8. Frevelyan Cope

156

// May. 147.

MIStephen 4 Mames4 Earl Grey 5

N22. 1976

a

With reference to grun

letter of the 10 Nove last res:

quiting the repayment of

Artuin. Fees tiken by the Offices of the Supreme Court at Harry Horneys

Вака

зверну

dunited by last Grey

hausmitt

& you for the

the Fores

information of th

Commissioners

of the

to

Funday

the acompanying Why of

Despeth with its untrans fone Sir Johnn

نگ

Davis

Copy

Reporting

the tips he has

15.

tehen for the

Recovery

of

these rees, and the anangements

and reductions which have

tead in consequence

been effected

of the resignation of the

Sheriff of the Colony

Therm

you

157

Wheriff's Office Victoria,

Monghong, 301⁄2 January, 1847

With reference to the conversation)

hold with a

the Refunding

are dome

to Her

e

out the

few days since, des peeting Majesty's Governmen

the Sheriff front.

t of Five drawn

amennt of

by

the Colonial Treasurer his holding office,

Steg

Line.c.

to offer the following temaetis.

bald the appointment of

I have

Resenly Sheriff for nearly live and a half years,

· of

during which peried there has been paid to the Sheriff by the Coloniale Treasuver the sum $1020.96. Vemunerations for the services I have perfenved, for Aber Stajesty's govemment

Criminal proscentions. The disbursementsõi office amounting

$20 for 6. 93.

Hillier, &g to

in

officiating Sheriff.

Yo,

to about 7 20

I

158

huve been defrayed out of a passions of the

above Sun/ bescived by

mel.

Paving the first few months of my

holding office,

front SQ.Ms.

there

not and

money.

indulged

lged the

Jo

would

hope that.

business.

that as the Colony progre

Such has gradually been

the case, and so long as I continuect to

Receive compensations,

ensations, increasing in proportion

drawn

Le my

  FC. Ms. Treasury, as Sheriffé Fer under the criminal jurisdiction of the Court, but as I found the emoluments as

   arising frems so trifting, indeed sometimes

civil suits so

insufficient to cover the of office which

upen

in

were

Contingent a

ut expenses

naverdably entailed

- excentions of my duty,

Iwas

compelled to apply to the thief sus tree for

services and.

int

compensations for my and outlay excenting the Criminal process of the Court ; and be in conformity with schedule Nr. 7 attached to the General Rules of the supre

              Supreme Court of Hongtong, which have been sanctioned by M. Ms. Government; has since allowed me the specified fee of $1 for the shorice of each hummens and Subpana. Nevertheless the

s of office, still continued small, but I

u

Servicce

labor, se lings did I consider requited; but it that compensations or auf equivalent is

is with dianous, I fear that the

Sheriff will experience

Love

delficulty

میں ae

finding an efficient Cosenly willing lezulfil

an office,

the emoluments of which are

totally inadequate to his support.

In the

· frommations of a

are no

are e v

bobom, the

dutice attached to each Gomment officer,

arduous,

C

are

expected and actually perfimund by them; then by officere holding similar_

appointments in old and on

(organized kolonies. As such unich extra work has fallen to

sey

share, particularly with Regard to collecting

chinese Eidences who wade attendance at

the

Supreme

Court and

much trouble,

COCOAC

and in

my anxiety to give satisfaction and

further the

cause of justice.

         I have been obliged I do many things, which, by verbus at

& my office,

te

Sam not called upont de perform and are not

imperative upon

The duties

tedious, and

cre

Require inecasing

attention, and a due and

perfect knowledge thereof can only be acquired.

by time and experience. The calle upon

lake place at all hours,

very

me

are

a

day and night (and. uncertaint; DI never know the hus I may

be required. I have been in the fivemment service for nearly three yot been able to avail.

yeare,

and have

#ve

       myself of a few days in decreations, solly because I have been able

to find a substitute whoms Scould defend- apon, well he

hun hunwing

that the slightest committed, might involve both you unde myself.

in disastrous consequences. I lensti therefore, that when the responsibility and importance of my office considered, and that I have not received any salary as Deputy

are

159

Sheriff, that the son witherte allowed and,

extended will not be treated.

In the British be lonies that I.

have visiter, er

with, the G

day cay

acquainted

Deputy Sheriff thereof deceives as

from

Salary varying foun. I 500 to $ 700 per Imay instance Penang, Singa

Annanf.

Malacca, Port Philife, and Sydneys. The Sherift

of the latter place has the whole of his ixpencer defrayed by Government, and the responsibility of office, so for as recunds the escape of prisoners, removed by an not of

Council.

Allow me to request that you will have the govenes to bring before

Ca

The Honorable the Colonial Secretary,

be laid before

"

in order that the

may

His Excitmey Sir S. V. Davis, in the Gerotut hape that be

be pleased to obtaint a

coumulation of a decree, which ; E carried out will be attended with great hoodstrip-

ane and comtel me reluctunity to resigns

this offer at as early a date us

with the interests of the service

convenience, ad

ée consistent.

and;

ad your.

I am unable to Retains it with =

out adequate remuneration for my

the

labor and

 · payment of my expencer with the hope of nfuture

are reward.

I have, Ver

[Signed! Charles &Holdforthe,

Deputy Sheriff.

(Senebesy)

Maring

Colonial Secretary.

Copy

N. C

Sir,

160

Sheriff's Office, Victoria,

2nd Jebmary, 18/7.

I have been informed by the

Registrar of the Supreme Court, that orders, have been received from the Right Horwrable the secretary for the Colonies that the sheriff be not allowed in fuhere any feer for the Service of precess

other duty in proceedings,

a

or

in Criminal

and that he refund all fees

on

bitherto Received by hime that account.

(by As this order will most materially

affect the interests of the person holding the office. of Chief ellagistrate and sheriff and has already. caused the Resignation of the Deputy sheriff

a letter which Senclose /

(as will be seen.

thereby placing.

The Honorable.

· by a

me in a

Major W. Caine,

belenial Secretary.

situation of much

161

difficully by the apparent impractibility of obtaining a substitute, Ibey that you will solicit His Excellency the Governer te suspend

its

's operation until it shall have received further consideration with respect to the facts Inow propose to lay before you

The Chief Magistrate of Police of this Colony, besides his ordinary duties as police- magistrate, has others imposed by Colonial Ordinances which are perform:able by himself alone ; he has the general supervision of the Police force; and, as Commissoner of the bort

of Admirally, has to take the depositions and

to sit on the trial in

other matter

coming

every

case

of Piracy

op

      within the jurisdiction of that Curt . His duties in this last

likely to increase with the

are

means used.

Capacity effectiveness of the suppression of Piracy,

d for

the

and with the others

already mentioned &equire for their proper performance nearly his whole time and

attention.

His Excellency the late Governor fixed.

suitable salary for

1200£ a

-де око о

the.

a year. office of the Chief Magistrate of police. without reference to that of Sheriff.

Prevost . Marshal. There

evere

the services

imposed afterwards by a Despatch from the Right Honerable the secretary for the belonies : = Ne remuneration was provided for the additional expense incurred

& for the of Deputy Sheriff, (on whom for the Reasons above stated nearly the whole of the duties of Sheriff must falls of bailiffs, printing, and various other unavoidable charges;

and a

weight of Responsibility

evas

laid.

· consequence

be

upon the Chief Magistrate, of little e indeed to the public, but which . may more Quinous in its results to himself. through the

errors or

negligence of his

subordinates, than would be his own

оселе нее

mie

- conduct in the performance of any of his

other duties. It was therefore supposed

that these

expenses

aveve

to be

defrayed from

the fees of office ; which have accordingly been appropriated to this purpose. Mr Holdforth

assistant Magistrate consented to act Deputy Sheriff in the hope that the

avould

increase with the advance of the Colony, the amount he has received being far from a just compensation or his -great labes and trouble - and the bailiffs

 by pennission selected from the constables of the

   of the police force, who were.~ willing to perform

       the duties required of them for a small addition to their pay

·

As

the

Constables. Under other arrangembut,

asy

- fees would have fallen short of the current expenses, and compensation to the Deputy Sheriff.

     " must have been afforded from the Chief Magistrates salary, as it would be quite impossible for him to act without Geperly

Goperty and at the

Same

162

-time discharge his other duties efficiently.

I may also mention that it is at considerable inconvenience to myself that Mr Holdforth.

acts

ad

Deputy Sheriff: for during his frequent absence at the Supreme Court in Civil Cases, for the whole period of the Criminal Sessions,

and whenever other matters connected

with his office prevent his attendance at the Chief Magistrates Court, Shave to perform his duty as

duty as Magistrate: Wie Excellency will therefore sue, that is able

if

at all to procure a competent person boot in the Roone of Mr. Holdforth, Scan do so only by the sacrifice of a large portion of my salary already reduced by the sum of Five hundred pounds a year, and that the current expenses of the sheriff's establishment must also be an additional tax upen

are,

With regard to the joes hitherte

Received,

a

the toss will fall the most

severaly on Mr. Holdforth, Swould demind you, that to a person who has been in the Receipt of a salary hardly eufficient for his support in this most expensive of Colonies, the refunding of money must be productive of - great in

  - inconvenience; and the hardstif will appear greater when it is considered

any previous intimation

that had there been

Situation.

of the approaching Reductions, he would have avoided such a contingency by designing his

    It is the more felt too by M Holdforth, as he has Recently, through the misconduct of another person, sustained loses of a larger amount accruing

        wing from his. former connection with the Supreme Court

as one

n

of its officers .

Sembrace this opportunity of urging

that

77

intended to make at aut

request early date, had this

itself,

occasion not presented

in Council will

That this Excellency take into consideration the propriety of _

Relieving the Sheriff,

as in

Sydney,

163 and I

believe other Colonies, from the liabity he

now incurs by the excope of debtors; a

e felt owing

the

more

a liability

to the facility of excape,

from the prison and,

the prison owing to its having been

house, and therefore

d from the Colony, from

originally

not

a private dwelling house, and. constructed with any view to the safe Cuctory

121.07

of its

: its inmates; and from the Colony from ite vicinity to the mainland of China and to Macao. I do not ask to be believed from Zelieved from Reasonable responsibility, to be shielded from the punishment due to a

negligent escape ; but only from the Quinous consequences to myself which

Result from the present state of the law, by which the debt, however larger, of

by

may

An

excaped prisoner

7

then

and in one instance

this has amounted to 24 or 25,000 $) is

Recoverable from the Sherift.

As you, Sir,

are

enabled by your

experience le judge of the correctness of the above statements, Shope you

will submit

them to His Excellency, strengthened by

your

де онога

Cemarks. Shave

experience the duties.

20

ce in

40

little

of Sheriff, and

little time to attend to them, that A

am most auxious to be altogether relieved from the office ; but if this be inexpedient, I trust that : His Excellency will be.. pleased to recommend the Removal of my present responsibility, allowance to the sheriff, or his Repenty, of such Remuneration for labor and

expense as may

to the

their derly

and ant

enable them to perform

satisfactions of Sie

Excellency, and of Her Majestyslyovernment.

(Fourbapy)

Maine

I have, He

(Signed) CB Hillier

Officiating Sheriff and

"Chief Magistrate of police.

Colonial secretary.

Se 93. Civil.

ш

Teas : 12 May/4.

Estruch 11 467.

694 khong hong

RECEIVE

My Lord,

APR23

1847

164

Victoria, Hongkong

20+ February, 1847.

En receipt of Your Lordship's Despatch N 34 of November 30th, prescribing the terms on which the claims of Civil Sewants to retiring pensions might hereafter be considered, I caused to be circulated the enclosed Memorandum, in which,

embodied the substance of the above Despitch.

The eleven persons, whose names

are

- appended as assenting,

were

the only

ones who accepted the terms offered, but

all who

" join the

service:

hereafter, will be

considered as obliged to contribute to the

fund.

As the

arrears are in some cases.

The Right Honorable, The Earl Grey,

de,

te,

very

way henry, I trust Your Lastshop will not see fit to object to their being paid rep

in instalments within the current.

A year, 1867.

A question has arisen whether

or not M2 Trotter, the blocks to the Chief fustice, is entitled to contribute to the fund: Clause 15 of the Act 4 & 5 Will. IV. cap. 24, excludes officers in Courts of Justice from this privilege, and therefore I beg to be instructed on this point, being doubtful

as

to whether the exclusion extends to the Colonial Courts, as well as to the Courts at home

May

With reference to the case of Mr and Mr. Smithers, the Superintendent and Inspector of the Henghong Police, I beg to enclose a letter from the former,

• previous service in the

as to their previous Metropolitan Police being

Police being allowed to be

included, on their paying up

:

an

additional

2 1⁄2 per cent for the lime they served

AL.

in

England.

165

The Attorney General, being allowed

to accept private practice, cannot subscribe to the fund according to the express terms of Your Lordship's Despatch.

I have the honor to be,

With the highest respect,

Your Lordships, Most Obedient,

Humble Servant,

ndusis

the last stage of the

24 h

M. Kawes

to the preceding note

24 April.

Recommend to the Joy.

दया

The Earl Grey.

Min J. F. Davis

20th February,

Received

2. Inclosures.

N23.

Officers in the Colony...

Pensions to the Civil

Relative to Retiring

74 Michong

I Stephen.

166

This despatch should Snemme ant to the Treasury, with

ал

how the decision on the pections raised git perfect, its. If docdging should

Grey with its night werpress. ision on those question, it vestoned that there coulôte difficulty in coming wa there. They

pouclusion on

we of the a. the remipt & uistalments

the whole. tending

оле

rearnt fear, of the back deduction

1

of

Pensions

frome pficial Salaries of one galento one is too reasonable touduits all Operen, Judicial

doubt.

Сам

The

20

be

The

admision

in well as becutive there of

 be no sufficient ground Chief Justice; Clack wre

The Offerers of benefits of the Fund. The excluding cane, Schouled theikh, the win Counts of pertice. objection tohuch a meanes ved the application of the hedger in Englacisterninferintendent & Inspector provided for under specpolice to be allowed to

бидет Acts of Pail! they and hunt then service in Officers of them countshould be admitted in weleeded from the hope of per haduined beforging

Superspect to meation Act 4. 85 till if my they

service, which,

Butriva Eglony when 14 Kong, would

have

Intered

Suletted thuntda kena This principle has bee atreadgrecognized of the reaming

in

the care

the Pond Martinal Mikay

$ nap

8. Surelyon

вале

L

A23 201

20 Fely

168

12 May 1847.

b.

with reference to your

letter of the 12" but "lest relative to the scale of Superannuation

Allowances to the buil kewants

at Hory Hory

by las Grey

I am divitial

to transmit to

You for the Couss divation &

to decision of the

of the Treasury

болат

Commifors, the accompanying

copy of a Despatch from the Gomen of the Glory.

on the

sulech

and Save to request

Jou

will state to the Lords

Grey

Commifers thick Lord Jorg

is of opinion that the

recommendations

f

John Bar's with respect

to the

admission of Cestarie

Officers to the benefit of the Superannuation Fund, and

also as to the payments

of the arrears

of conbubution

should be complies with.

Share

Intered

Governor

J. Davis.

Forwagledly MB B 2 AEStephen Mallawes Earl Grey

Hor. 674 Hong Kong 97 Freas: 793

Live

169

11 Junesi7.

I have to acknowledge the

anith of your b. Despräch R33. of 20 Selenay

hansmitting

lish

Memorandum

relative to the claims of -

the Ciril Sevouts of

Hong Kong to atering

Pensions-

Her Majesty's Got

Tent: 1 fengu de rest diyish to the

object

arrangement

adoption of the anongwech

proposed by you an agard

to the payment of excars.

of Contribution to the

Super

annuction Fand,

due from the buil Offens

in the Petitement,.

6. by

instalments in the Counse

of the Gresent year, or

the admission of the

Click to the Chief Listicl

64 a

Contributor to and

to

future

Claimant repon, the

Fund. I bue the fire

to convey to you

the

meessary authority for

this arrangement

into effect.

170

I have also to authorize you

to accede to the application

of Messo: May

and Smithers

with agard to their period of their se previous Service

in the Inotropolitan Police being allowed to be

included, upon their

Jaysing

вле

oddiherial

Subscription for the time

they

Served in this

Counting Shave

Copy

171

Circular Notice to Civil officers of-

the Colonial Government, by order

His Excellency The Governor.

of

pursuance of Instructions

In purse

received, from Earl Grey, such individuals

as assent to the terms of the Act of Parliament concerning Petiving Pensions, will be allowed, on paying ap

necessary per centage

the

on their Salarice,

from the date of first entering

the

Service,

the

and henceforward continuing

quarterly, to have their claims under-

the Act considered hereaster

by.

Aler

Majesty's Govemment, and all previous

Service in

England for

which such

deductions have been paid, will also be

taken into considerations.

- It will be imperative on all

persons who shall enter the Civil Service of-

the

Colony subsequent to this date, to contribute from their salaries to the Superannuation

the proportions prescribed by the

Fund, in

Act;

or

  in order that when from age infirmity they become unfit for further service, their claims for retiring Pensions

may

be considered.

Victoria, Hongkong, 125 - February, 1847. 8

By Order (Signed) M.Caine,

Colonial Secretary.

Persons Assenting.

M.Caine, Colonial Secretary.

Al. Suglis, Registrar Ceneral. James Stevenson, block to Registrar Gen & A Frotter, block to Chief Justice. A. &. Shelley, Late Auditor General

and Chock of Councils.

172

Tersons Assenting. Chas:Styee Cleverly, stuwveyor General, John Pope, Clook of Works and Civil Engineer:

Robert Rienacker, and klerk and

Accountant in the

kolenial Treasury.

Calm Dr. Michell, Clerk to Harter Master. Charles May, Superintendent of Police. Thomas Smithers, Inqrector of Police.

[Imet opy/ Mame Colonial Secretary.

Copy

Fir

173

Police Department,

22nd February, 1847%

I have the honor to submit for

-transmission to His Excellency the Governor, and to solicit His Excellency's consideration thereon, the following

circumstances in connexion

with Superannuation allowance to Civil Officers of Honghong, as it affects myself and Inspector Smithers, trusting that His Excellency will be induced thereby to recommend the section of Despatch from the Right Honorable the Secretary for the Colonies, allowing prior Government service in England to be

included with service in Honghong, may be

extended to

les.

The enclosed are copies of tivo

B. Hillier Esgr.

Officiating Chief Magistrate,

je

te!

i

=annuation Fund contribute to the Supera who have assented to m

attached of the Civil Officers

the

terms prescrited by Earl

Grey.

pot Hebruary, May.

1.2361897.

Inclonore No 1 in Seep:

the

letters from the Colonial Office, London, to the Commissioners of London Police, stating particulars attending the appointment of myself a

" and Inspectors to the Hongkong Police, and it will be perceived by His Excellency that a

- retiring allowance for wounds or climatic disease is made contingent upon the Colonial Revenue being adequate to such a charge, buit as this will be an, uncertainty as regards future provision, I and Inspector Smithers

are

desirous of resigning all claim from that source and become dependent upon the bivil

Fund.

was

My

service in

the London Police

nearly nine years ( from 7th November 1835 to the ipet October 1844), and Irepector Smithers fourteen years ( from 20th May 1830 to 7 ch.

October 1844), and in that service a Superannuation Frend is provided, the contribution to which is tive, and a half per cent per annum. We

are desirous of paying two and a

a

half per cent

per

174

--

annum at the rate of our present salaries for the above specified service in the London Police, which with the deduction of two and a half per cent paid to the London Police Fund, I most respectfully urge may

be considered as making the five per cent required by Act 4 & 5 Will. IV. cap. 24."," and from the date of appointment to the Hongkong Police, the proper deduction of five per cent.

I have, 48,

--

(Signed) Charles May.

Superintendent of Police.

(Free(pay)

Mlavi Colonial Secretary

r

Nr 24.

Y24

Financial.

T@

9 @ 16.

My Lord,

175

67.5 Kory Kong

Victoria, Hongkong; 26th February, 1847.

RECE

APR 23

1847

I have the honor to transmit to Your Lordship the enclosed Financial "Returns connected with the Colony for the

year

1846.

These Returns consist of.

one

General Abstract of the total Revenue of the Colony, together with seven abstracts. detailing the several items of which it.

consists:

And of one general Sheet of

the Expenditures, together with seven detailed abstracts of the payments

made under different heads, as

The Right Henerable,

The Carl Grey,

40%

Je,

Jei

required

by

from the Superintendent

f

and Inspector Smithers, Police May, for self

upon

to the Superannuation

allowed to contribute

as to the terms. which they pray to be

Fund

222 February 187.

Matraure 12 in Heth:

No 23

J

the Colonial Regulations.

I have the honor to be,

With the highest pespect,

Your Lordships,

Most. Obedient,

Humble Servant,

ל

176

23 April

Mr. Hawes

This is for the informath

of Sin Treasury? It

23 apice fift

27

26烝

Sir. J. H Davis, The Carl Gypsey.

February, 1867.

Received

16 Melisions.

No 24.

Returns for the year 1816.

Transmitting Financial

Intered

E. Jarelyan Ge

177

10 May 1847.

دو

Stephen Bagiomes

adGrey 6

In h 24 21th

Sam dicited by Eust

&

Grey

Transmit to you for the

information of the

Loras Cême.

Impervers of the history the

acompanying abitailed Patens

of the Perence and

Caprentature of Hong Kong for the year 1846. Sheve

Revenue

- of _

178

the Colony of Hongkong, during the Year. 1846.

Jaxes_ Police Assessment -

Guties_2%&% on Goods sold by turtions - On Land for Buildings .

do for Cultivation & Chimese Villages. Deposits by purchasers of Crown

Rents In Beildings.

Licenses

Martats.

Stone Quarries

Fisheries.

for Oficines Farm

Ball Broker_

Retailing Spirits &

Auctioneers. Fawnbrokers-

Serangs

Billiard tables.

Land.

and Mines.

1,575 441⁄2 1575 44/2 459144 1/4 459|14|7n|

12,388 4 2

462

728112,823 14

4.11 8 15.

2

5691510 1,471 13102 944 718193 93154

547 162.5

"

56915 10

613

35 18 47,102 17

Sees of Offices for signatures aftering Public steal 40. 86-

Judicial Fiès. of supreme & Police Courts.

Fines

Forfeitures.

Surcharges recovered.

Flores Gold

Advances Recovered.

Sailing

do.

Letters and Passes.

do

&er,

Soss of Exchange recovered from H. Mis inventates

in Célina.

643 4

92016

56018

18165/2

12 14 44

28 10

346

3542

743 8

Sotal Revenue during 1846. £ $13: 27047 0 874

Victoria, Hongkong, January 1 th 18/17-

(Pruebopy; ! Maine Colonial Secretary.

(Signed) W..Z. Mercer.

Asting teolonial Kreasurer,

:

2

Return of Revenue,

179

arising from Saxes,

Duties and Licenses, received during, 18116.

Sixes - Police Assessment.

Only

2%%%% on Bocets sold by Auctions

not bring damaged -

Tivense - to opium Janner.

"

dall Broker.

Fublicans.

Inclievers-

1,575.44/2

459 14 74

44,11815

569 15 10

1.471 13 10%

94

2

718195

id

id.

id

id.

Faconbrokers.

id

Serang

id

Seep Billiard Jabics_

4315"

35184

Notal §. $15

6137 16 5/2

Vine Thousand One Hundred and thirty seven Founds Sixteen shillings, five pence and one farthing, sterling -

Vieleria, HongKong, January 124 1847 -

(Signed) BiH. threer.

Acting Colonial Treasurer

bebopy/

Main

úcicuial Serdlary.

ٹی

Return, Bevenue danced from

other Proceeds

of

180

red from Rents or Crown Property, during, 18116.

Rent ou Loud for Buildings, arrears of former genres 6,880. 16. 2.

do_

do-

.dc.

·u/o of 1846-

for buitivation 7 Chinese Sillages.

A of coits, by Furchaurs of brown Land. Bent on Public Buildings.

Markets-

Flow Quarries. Fisheries:

5,507, 13, 0%

12,388. 4. 2/4

443.17. 17/2

72. 8. 1/2 12,823|14|5%

5471

کی

4625 14 56915 16

6134

total £ $15 15,572 86%

$

Siftien thousand five hundred and seventy live Funds, Eight shillings, four, sence three, soothings Sterling. Victoria. Henghong, January 125 1867 -

(

Love Copy

Masin

Signed WZ. Mercer :

Octavial Secretary.

tolino Celcurial Treasurer

}

Pretum

4

181

of casual. Revenue and incidental.

Receipts and recoveries of Debls from individuals, during

the Year 1816

Jees of Offices.

14° " Judicial Court-

liner

Serieitures-

Surcharges

sieres, and Materials of a House Sold

Fous,

011

Sailing to thers and passes-

(

643 4

92016

5601892

1810 52

1211 44

281062

3542

Sotal £ $15 2220 27

Live thousand twee hundred and twenty Founds, bu

Shillings, seun 'rence, and three forthings, Sorting

Victeria, Honghong, January, 12th 1847 -

inceepy!

(Franed ] B. K. Mercer.?

Maisie clominiiceretary.

Achno Colonialy Treasurer :

5

182

Return of receipts in aid of the Revenue

and on account of ther

of the Colony of Honghong Majesty's Diplomatic Department and Consulatis in China

1846

On account_

Amoun L.

March 15 From the Commissariat China May 11 of Parliamzulary

Grants

on account

Jerly:

8

مرزی

clober 8

15,000

10,000

15,000

15,000

#

"1

Total $ $42 55,000

#

Fifty five thousand Founds Sterling.

Vielèria, Hongheng, january 121⁄2 18117-

(Signed) W. J. Mercer.

tling

Colonial Treasurer,

4. True Copy. Marin

Colonial Secretary.

183

Return of Deposits available for

public purposes.

received de

during 1840-

Income, Sox, fine the livil Câtablishment of Houghong, and H. Us Diplomatic department- superamuation Contributions, from F.. It's.

Gählermatic Department_

Fee and Guly, on Warrant appointing Mrs Salley

Anciler yeneral of this Colony

Volice Sund: - vir:

for clothing, one moiety being hand by Government, the other by the Police Lovec. for Superannuation, being contributions from the Polive force.

199

8175

516., 18.5/2

-278 5.7.

795402

Sotal £ Sty

Kee thousand six hundred and becenly.

2,625 3

three

Founds, Threc shillings, One bonny and halfssemy Sterling.

Violeria, Hongheng, annary H$1847-

Signed WZ.Mercer.

Acting leclenial Treasurer

True Copy!

· Colonial Secretary.

Return

7

184

of advances recovered.

eluring

the Year 18/16-

Amount advanced op of distressed. Seamen

recovered from the Accountant general of Her Majesty's Navy

Lejs of Exchange charged in 1845 against the Colony recovered from FC. B. Ms Consulates in China

113884

Potal § 948

116 13 24

C

1336

One hundred and sixteen Found's thirken shittings,

hot sonce and three farthings Sterling

ssence

Sicleria, Hongsong, January 12th 1847 -

Signed] W. J. Mercer,

Acting colonial. Treasurer.

True Copy!

Ma

Colonial Secretary.

8

185

Return of Deposits not available, undivid

during the Year

the Year 18.116-

Intestale Estates.

John Butter-

Charles Webster 2

james Athenburg, alias joseph Allen

John M Therson...

Home Willow.

J Richard Jones.

jomes Flecover

William Hay.

Jent & Bales

jessy ricott

Murdoch M Event-

David Hume.

Henry Lee f. Parkinsouf

- Estate in Chancery-

hennaird & Que.

Insolvent Elali-

J. C. Tower -

recurved

24

12 13

112

113 8 5/2 7918 10/2 1.54513

5116 2/2

748

28 12 22 74 12 1/2 416125

11177/ 3415 11/2

44410

$

270 11/2

Volal §919 271711 9

Live Thousand seven hundred and seventeen Founde,

Eleven shillings and Finessence Shriing

Victoria, Wengkeng, January 12th 18/7

Macin

Colonial

Signed] W. J. Mercer.

L

Acting écolonial Transurer

I

Expenditure.

of _

186

The Colony of Wongkong during the Year 1846-

Arrears of Salaries

Solaries for

18.46.

Contingencies, Stages, Rents. &c=

Special Disbursements -

Public Works.

Advances.

"

393 1 28753 364 12,048 15 2/4

741168

17.575 462

39

Stal. £ $89: 60.351 9 82

Sixby thousand three Hundred and Fifty

One Founds, Sine shillings and Eight jamesfarthing striking

Colonial Freasury Victoria,

Honghong, 40 anuary 1867

(stiqued] W Mercer,

iteling (olonial Treasurer

[Fruebopy /

Maine

kolenial keretary,

Return &

10

187

of civil Charges regularly authorized.

by H. Majesty's Sevemment, pard during the Year 18.10.

Department

Govemer

Aid-de-Camp- Colonial Secretary

Colonial Treasure

rer

Auditor General &bbskoftemmels

Surveyor General

Harbour Master-

Registrar General Judicial

Police_

Precara

of

Salaries Salaries Contingencies!

6,000

300"

2,986133

2.8686 620 10 2

Vetal.

6,000

300

3,095 8 3

10815

& Collector.

300

2.025

5812

2,383 127

"

1.359

298199

1,658

3.48816

1,050

49715

15 7/2 1,640 16 1/2 \

597143

664690

90141.

688 8

4

2.44

364816

525

8

1,03216 47,679 5

82/3 11 74 14

11.897 8 3/4

177 18 11

702 18 11

760 6

$

Medical_

Ecclesiastical_______

71016

Sentral Department_

Fun Book

4996

90395 79622

90395 7962

2

Sotal £$45: 393 1 0 38753 3 62 12,848 15 9% 41.99498%

2/2

Sorty one thousand nine hundred and sivity four Pounds Ninction shillings eight sence three farthings storting

Victoria, Hongkong, January, 12h 1847,

(True Copy).

Muni

Colonial Secretan.

1

(Signed) W. J. Mercer-

Acting Colonial Treasures.

Return of

against

11

188

Special Disbursements not charged the Departements, during, the ear, 1846.

Compensation for the removal of Houses-

- for a market Place desumed by)

Government

ital charges for distressed British su

35434

183167/2

Hospital.

bubjects

17510

Commissio

91172 35202

ssion for.

sales.

by

Auctions

Purchase of I sets standard Weights - Maintenance of an Orphan-

but fit allevance to the Widow of a Police ser

Remuneration to the assessors of Police Tax-

710

Plice Sergeant

1084

41134

Total £sts

741168

Seven hundred and forty One Rounds, Sicken Shillings

and

eight pence Sterling

Victoria, Hongkong, January 12 1817 -

Signed) WJ. Mercer.

(Inue Copy

Maim

Colonial

al Secretary.

Aeling wolenial Treasurer.

12

189

Return / Expenditure for Public Works.

during

the Year ended 31th December, 1846-

Goverment offices -

Crection and repairs of other Public Buildings Formation of Roads and streets-

Formation of Grains and Sewers ___

Completion of Repairs of Reads.

Three Sunding Places

and drains damaged be

Levelling Ground for Church & fovemment offices-

107492

3.719

5

6/2

4151 40

6,555 15 10

647

59

501134

867162

F%

deepen

and Repair

water courses in

the

}

Bridges, Repairs

Wong nei chung Valley

L

Burial Ground, planting trees /__

2017 10

34 611

2100

Sotal £$86, 17,575.16/2

Seventeen thousand five hundred and seventy five

Pounds, four shittings and Sixpence hall senny Sterling. Victoria Hongkong, January 124 1847-

fat

(Signed W. J. Mercer.

Acting Colonial Treasurer.

(Gone Copy

Colonial Sce.

·Scorelary.

Payments

13

H.

190

ayments on account of H. Ms. Diplomatic Department and Consulates in China from the 12 January to 3125 December, 1846-

Diplomatic Departments

Consulate at Canton

(ef)

Amoy/

Vingpo

Suchaw foo

Shanghae

581242

5,330711

3,16014

3,09317

8

2,452 17

10

58143

Loss by alteration in the date of the Dollar

ou

Balances of Warrants in the Colonial Treasury, on first May, 18115-

11388%

Sotal £$18: 25,776 16 0

Sventy five thousand seven hundred and wenty Six Founds, Sixteen shillings, Sterling'-

-

Victoria, HongKong, January 1o# 1847 -

Free Copy)

Massi

(Signed) W. J..

Mercer,

teling Colonial Treasurer :

Colonial Secretary.

Return

14

sums advanced

-during the Year, 1816-

ove

191

Account.

To distressed

Seamen, on Account

of the

2243

Accountant Gkneues of '16. Ms. Javy-

So S. Stering lute tefuly tost. Auster out

Account of th

t of the Noor Oficin

3

16156

Total £ $15.

3989

Phirty Nine Jounds Eigét Shillings and Wine

pend, Stirling.

Victoria, Abenghang, January, 12, 1847-

¡Signed) W.Z.Mercer.

Sme Copy.

Main

betenial Secretary.

Acting Colonial, Treasurers - )

15

Return of repayments of Deposits

avariable

192

to for public purpose during the Year: 1846.

Income Pax, from the Civil Establishment of itten

1. di Hongkong.

and H.M's. Diplomatic Department Transferred to the Commissarial 1,050 6 Pluperannuation Contributions, from SC...Us. Diplomatic Department. China, transferred

le the

Sums

Commissariat -

Ozr

the

Jums due to the Commander of HC. Wsz

of Steam Refsel Spitefiel. So, the entertaiment during the passage from Bombay to Houghony of the E. the Governor, Mess" Bruce andbay- (See and duly paid by ett? A. &. Shelley

Warrant apponiting him auditor General of this Colony, transferred to the Commissarial, der Repayment to Mrsmithe chief Clerk of the Colonial office_ Police fund, said for Clothing of the Police force..

(

847162

$73

115

2411810

Sotal £ $19: 2,324 14 7

Sive thousand then hundred and twenty four Sounds,

Peurteen Shillings, Seven ponce Stirling

Victoria, Honghong, Jaumary 10t 1867-

Line Eepy Mami

¡ Signed) W. K. Mercer,)

Colonial Secretary.

Acling Colonial Treasurer:

16

193

Repayments of Deposits not widel

for Public Vurposes.

Intestate Estates

Henry Blackwell's

2

Sient & Bales.

H. Stemming's Jessy. Scotti

Ontre Jacob de Werth's David Hume's -

John M.Thersen's - (LOD) James Satchelli

Yeter Kragner's

Thomas Jackson Scales

The Honorable Jamis &. Hurray's

fames Ettenburg, alias Joseph Allen

William Wilson's

Parkinson's.

kinson

100150

1.26016

35070

28 12 3

562

5513

~

2

4

32924

217

37212

7718

12139

81169

|5|13|10||

2,365,10 G

Estate in Chancom -

hennaird SQue-

44410 5

Total £ ME, 2,810 12

-Sive Thousand Eight Hundred and ten itcunde, onc

Shilling and her pence stoting.

Victoria, Hongkong, Jamary, P! 1847-

Frus Copy!

Manie

Colonial secretary,

Signed? W. S. llevar,

Acting botovial Treasurer,")

N25

Financial.

May way

ut Via Southamp

My Lord,

RECHE

APR 23

1847

194

Victoria, Hongkong, February, 1847

of th

-4-

I have the hover to forward herewith the queries and observations of the Board of Audit in London, received in Your Lordship's Despatch N 42 of November 6th: together with the answers and explanations of the Colonial Treasurer, as called for by the Audit Office.

"I have the honor to be,

With the highest respect,

Cohen (see in bris)

Your Lordships,

Most Obedient

Humble Servant,

Dani

The Right Honorable,

The Earl Grey,

te,

de,

23 Apri!

This is for the informath 2. Hawes

of this dreasury. If

23 april Aft

The Earl Grey.

26th February 1847.

Sir J. H Davis,

Received

1 Malosure.

No 25.

on the Hongkong

30th June 1845.

from 12th April 187,4, to

Queries of the Audit Board Accounts

Fransmitting Replies to m

195

C. C. Juvelyan bye

1947

Formantuily MAY Mr B

Stephen M&Homes La Grey

Iz rith

57

5-

7 May 1847.

With reference to your

lettin of the 20+ Betr.

last

Iam dinitist by last Guy

to hans mich to you

herwitte

for the informations of the

Lodes Commisserness of the

a

the Copy of a Bespratate

Jussing the Copy

from the Governor of Hong Kong forwarding

the

Refilies of the Colonial Treasurer to the Quenes

of the Commissioners of

filit which everserved

Joun

litter of the above aliter.

Share

* N. 26.

Civil.

My

Wyy Hong Kong

Victoria, Hongkong,

APR 23 1847

196

26th February, 1867.

I regret troubling Your Loirship farther conarnings sur Shelley,

but it will be

Not. plain from the enclosed that it has been forced upon m. the complaint of my

going

out

my way to cast

unfounded aspersions upon him,

when

my

Separate and

Confidential despatch of 27th

November will have shewn

that until Mr. Thelley volunterred (unasked) to make a strong affertion

Your Fürthaf. Lordship

The Right Honorable,

The Earl Grey.

to

his

as to his capa

fredom from sebt, the question

never mooted; and that

Avas

hon not

NAA

two separate persons,

hearing of his going to guit the Colony,

forward with claims against him, it a

would

noticed.

have

never

стния

have been

I thould indeed rather

matters

"out of way"," gove Governor, in suppressing. this officially obtrives on me, considering the standing. injunctions in the Colonial Regulations, that Governors should make confidential reports to the Secretary of

Candidates for. Government Service; as well; as the following passage in a Cornular from the Colonial office

State

M

المعروف حب

to all

Governors _ "It is

197

essential to the Queen's Services that the intercourse thus established between us should be conductes

in the fullest reciprocal confidence." -

M

my house,

When the late Ammiral the Station was staying at house, I mentioned to him the fact of M. Shelley having, protested in writing to General " Aguilar that Mr. Spring (his former Park) has already been repaid his bett

I'

in

advance; for which the General has declined further

=

-nication

Commu=

with Mr. Thelley.

The receipt which is

notio

produced from Spring (on

his payments some

Days since]

only proves that the sett

4.

cxisted, for all

then really existed

borrowed constitutes a debt.

money

 Neither that, nor Mr Young's claim, would ever have been

notices, except in consequence

 of Mr Shelley's uncalled for fortestation of entire peesom "from debt; "follower

immediately by

as this was

کہ اللہ

the oftrusion

Spring's claim, when he feared

his debtor

was

quitting

the

Colony. Mr Shelley's Enclosure

proves the fact that Springs, his former clock, did

really

this obtrude his claimo

on

me at the time._ General

B'Aquilar

was with mes

when he brought it, and endeavoured to persuade Mr.

کو

Shelley

that

Day

опе

to pay it at

The

D

APR 23

1847

198

Епольные был

Thes not "refute" the proof before forwarded to Your Lordships, of another claim advanced the part of Mr Young .__

on

I should not have

notice's what Mr. Shelley,

states as to

Now

my having denied his ability to pay his bete to his former Clerks, excepts to observe, that if I either felt

বटे

expressed much a

fear of the poor man losing his all, I posess written proof of its not having been altogether unfounded, in

note from the

very person who, at Mr Shelley's wreent request, has advances the money for Spring's

payment, adding

we

don't

like such transactions, but

we

cannot always avoid them"_ The enclosed Minutes of

all the Members of the Exsentive Council on the 25th Setant will shew the unanimous opinion of that Body, that the subject Mr Shelley's debts was

проти то

of

Forces

apon me Stanley, in intry tuing

For

as I quitted London,

Ape Shelley by a note

me, observed

now

ow lying before

"the has been

given distinctly to understand that he takes this step

(going to Hongkong) at his

any

 own risk, and without promise whatever; and that

must decline to

fetter

Your discretion by any

injunctions

on the subject.

p2.

199

With each stender claims as

these to employment, he from Bombay

www

Camer

to China at

my

charge, and obtained from appointment of £1000.

me an

a

-

year . _ Your Lordship has abundant proof before you that I have had reason to

choice..

regret my

On his arrival with

me at Hongkong,

as Candidate

Le could

get,

for any thing Mothelby found Major Caine Chief hapatrate, Member of founcil

and

under for Berry Pottinger.. Yet he could venture to talk to Your Lordship of Major Caine "Supersering" him.

"I have the honor tobe,

dol

With the highest respect,

Your Lordshift, Most obedient

Humble Servant,

11 Danis Дай

200

28 April 2d. Nawes

This appears to require no

ausw. The subject having become obsolete.

26th February, 1827.

Victoria, Honghong,

Fir

The tool

J. H Davis,

Received

t26

Grey.

2 Molotures.

reporting upon the same..

address of Earl Grey, and

from M? Whelley to the ansmitting another Letter

(@opy)

201

1. Enclosure

My

Hughing 8th February, 1867.

Lord,

16th day

In

my

lash Letter of the

days of Desember I had the honor of refuting

of refecting the report

made. by Sir J. Davis to this Sollung der Thos sostrene.

Money "that I was in deft in

Cochran

this

Colony " by thewing that there claim against

was

Me

only

the

here, which I had already.

nd now

amply provided for, and

Ano

trouble

relustantly, compelled to

Leship again

Your

the same personal subject's

Sir John Davis having.

Singe

repeatedly stated that he

The Right Houth

Earl Grey,

to to to

>

was convinced I should not

pay

this claim when it

became dues.

It is

t in order.

sufficient

to refute this also to enclose

to Your

Lordship Mr. Spring's

receipt for the amounts at

aturity,

do.-

which I now beg to

But I humbly pray,

Your Lorship on public grannies grounds to take Sir John Davis's conduct towards me into considerations,

as it cannot I believe be for good of Her Majesty's

the

Service that

amp

Colonial

Governor thould take advantage

position and

if of his

his

way.

aspersions upon

character of

до

out

to cast unfounded

the

private

those who

may

be placed under him.

I have the honor to be,

by

202

Your Lordship's most Obedient humble Servant,

(Siqued) A. E. Shelley..

(True Copp.)

Colonial Serretary,

3

(Copy)

Siv

203

Hongkong,

6th February, 1847.

I much regret that

on

the impulse of the moments and under the impression that

You were.

going

home

by.

noyt mail, at the time

do

the

f

losing your office, I should

far have forgotton the continued Kindness which you invariably, showed myself, in particular in- Your official capacity,

have

gone

as lo

to the Governor and

represented to him that

Me

M

Jum

Your

of $1260- by.

Promissory Note whiche que. this day. -

A

came.

I the more regret it

fearful it may

as I am

A.R. Shelley,

Ee,

Ye

be

prejudicial to your interest at the time of losing your Office.

Ine

to excuse

Sir, I beg. You

Kastiness, and in-

for me

acknowledging the receipt. of

the amount of the Note at

which I now do,

maturity,

thanks

beg to send you my for your past kindness and

very

best withes for your

future prosperity: - Jam, Sir,

Your most Obed + Serot (Signed) H Spring

True Copy)

Maine

Colonial Sesretary.

́ (Copy)

Minute by Major General

- D'Aguilar-

Conneil Chamber

25th February, 1967.

It's Exalteney. The Govern

204

having brought before the Execution.

Letter addressed by

Council r

tor Shelley to Earl Grey, under

February,

oute the

8 *

in which

he stated that "He has refuted"

" the report made by Sir John " Davis to His Excellen 24.

"Romas

Sin

he tras

(rehrane that he

" im debt in this Colong", Majon

General DiAguilar cannot,

in

justice, allow 4. statement to pass the

Counsile in his

presences,

without observing

that

 Shelley's difficulties at the time in question, were notorious._

σιδ

in

Mr Johnston who is

his

plaxe, was absents

ely in

at the time - came

 November last; - but Major (aine is cognizant of the fact

distinct claims for

of troo

payment to

a

considerable.

 amount being brought before the Governor by the parties

interested.

   It is equally well known that Major-General L'Aquilar did, from the best motives

attempt

to all parties, atte.

settlement

of

the above.

7

purpose . of

act

And it is

Comm o

John Davis to these affairs may

Conged, they

arra

205

aw

only justive to Sir

however

Jay,

tvere

be

2015 *་མ-、

forced upon time in question,

hine at the time in

being

a Jouree

to the parties

of great angioty

More in ine

concerned, as well as a

diately

to pie

,) - ཨཡ

himself.

of general notoriety, from report. originating in that he (Mr. Shelley)

immediately about to

the Colony

the

I am

Claims, without officet, from

of funds for that

the want

was

quit

(Signed) George Kitguilar,

Major-General.

personally cognizants

of the foregoing fasts. -

(Signed) W. (aine.

Although

t at

Although not present

the time the foregoing

circum- =

- stances took place, it appears

to me

that

thy

Avere

forced

upon this Excellency's notice. (Signed) A.R. Johnston .

(True Copy) (Signed) L. L'Almada & Castro,

Clerk of Counsils.

(Frow Copp)

Manja

Colonial Scentory.

N27

Miscellaneous.

RECEIVED

APR 23 1847

My Lord,

206

Victoria, Hongkong,

th

27+ Felmary, 1867

With reference to my Despatch

th.

N. 12 of 26th January, I have the honor to acknowledge the receipt of the following Despatcher

Originals. Irt 46 to 53, the last of 12th

December

Duplicates. No 25, 29, and No: 30 to

43.

The above Despatches

came

to

hand this day, Saturday, and as the Steamer sails unavoidably on Monday, it is fortunate that there is little which calls for immediate reply by the present Mail.

aw

I have the honor to be,

The Right Honorable,

The Earl Grey,

de,

Je

With the highest respect,

Your Lordships,

Most. Obedient,

Humble Sowant,

Vans

207

23 april

Pully. H

The Earl Grey. Fir & to Davis. 27th February, 1867

Receiver

No27

12th secember, 1846. Despatches to N. 53, of

Acknowloging receipt of

No 28. Civil

And 4-89-6 May [47.

APRIR

ong trong động

208

My Lord.

Victoria, Hongkong

28th Febmary, 1847

With reference to Your Lordship's Despatch N° 49 of 7th December, I bey to state that as Mr. Sterling, the late Attorney General must have reached home by this time, Your Lordship will be able to take such

measures in,

untry

- regard to his retiorn to this coun or his resignation of his appointment, as

Seem necessary.

s may

In the meanwhile, the Acting

-^-

Attorney General, ( nephew to Sir Colin Campbell, Governor of Ceylon :), reported in my

Despatch Nr 143, of 16th December, has proved himself thoroughly versed in Colonial Law and legal usage, and though

The Right Honorable, The Earl Grey,

de

de!

I :

 ( never knew him before his arrival here, I consider it would be a benefit to the Colony

to

: the office, in case of a bacancy.

confirm him in the office,

I have the honor to be;

With the highest respect,

Your Lordship's,

Most Obedient

Humble Servant,

здат

Danis

209

23 April

Ind. Hawes

I suppose that the for. must be written to respecting

Int. Sterling?

23 Ap

122.5

L

The Carl Grey.

Jer J. 7. Davis,

28th February, 1847

Received

28.

event of a vacancy. as Attorney-General, in

- ment of Mr Campbell and recommending appoint =

The Harleys leave of absence, Replying to Sespatel 1.49

"Sesember relative to

Davis.

Forwardedby MAY MRB

1847

3

M.Stephen 3 Mlawes Earl Grey

3

مربندی

210

89 `f May pi7.

With reference to youn

Despatch N20 of the 20 Teby. There to aquaint you

as

There reason

thch

from the Medical Certificates.

transmitted to sue by den

Steding

ули

the atterrey General

of Hory Kery

then the

Stite of his health will

admit of his return to

the

Blong

There sanctioneels

the have of abrence for

10 Munettes which goe

had previously granted

to

Luin.

There

No 29. Indicial.

J

RECEIVED

APR 23

1847

My Lord

on in

600 khung hàng

211

Victoria, Hongkong,

28th February, 1847-

The four Rules of the Supreme

Court of this fotony, es justly animadverted.

your Lordship's despatch of 9th December, N. 51, will be immediately subjected to the revision of the Legislative. founcil, of which the reting attomey General is a member.

The reason, why the transmission.

Rules to Her Majesty's

of these four Government

was so

long delayed

is

only

simply this, that I received them on the 28th August, (seven days before

the date

of the

the. Despatch transmitting

them) with the Letter of which I

The Right Honorable.

The Earl Grey,

4.

Kr.

of which

Ye.

enclose a Copy . It is probable that,

had they been less

objectionable,

I

should have received them somer.

I have the hour to be,

With the highest respect

Your Lorkhips,

Most Obedient

Humble Servant,

i Davi

P

212

23 Shorel

Mr. Hawes

Put by

29 ование

The Earl Grey. hr J. Z Davis 28. Hebruary, 1867

Received

1 Malosure.

1.29

9th December, 1848. in Despatch No 51, of

Rules of Courts mentioned

Relative to the four

213

<

Air,

Court House, Victoriat

28th August, 1846,

Sam directed by

: by the Henerale

The Chief Justice to forward for the informations of His Exalting the Stevemer, a complete set of the Bules of

Court, and

The Honerable.

Have Ye

[signed] G. A. Trotter,

Clock to Chief justice.

Major M. Caine,

Acting Colonial Secretary.

Je.

[ True Copy]

Eclonial Secretary.

Suplicate. N30

Miscellaneous.

214

Victoria. Hongkong,

4. March, 1847-

My Lord,

With Reference to the..

the

enclosed Copy of a Setter from Master General & Board of Ordnance, I have the honor to Request that your Lordship will be pleased; should:

there

appear

some

21.0

objection; to cause

copies of the In Military of Hongkong lithographed the crdnance Department, li be sent out for the use

by

of

the

Gevemment of this Colony.

The Right Honorable,

The Earl Grey.

Yo

Yo

Ye

I have the honor to be; With the highest respect, Your Ferdships.

Most Obedient

Humble Servant,

Dans

Copy.

L ACC

Fonvarded to the Coming Bl Engineer at Hongkong for tis Information with defernce to his

letter 8.215.

Signed) E. Malzon. 26th Noot 1846,

215

office of Ordnance 16th November 1846. 7754.

Coly

Sir,

Having

submitted to the blaster

General and Board your Report duted 5th. Justant fenvarding a letter from the Commanding Royal Engineer at com Hongkong dated 27th Ungust last, c= transmitting copies of ten. Military of that Istand, on which you becommend

that 150 copies of the

H. General

Sir John K. Burgogne, K. C.B.

views

be

may

lithographed for presentation to the Tublic Military Departments and, circulation to the Engineer Stations.

for

I have the honor to acquaint that the Master Gjeneral #Beard approve of your Recommendation, and

you

Request you

will cause

the

J Na 31.

Civil

My Lord,

100 khuy động

216

Vietoria, Houghtong...

13th March, 1847.

I have the hover to forward herewith. _the Third Blue Book of the Colony of

k! the

viers to be

bit

Revenue.

lithograkhud accordingly, for which

propose they

you.

arc

herewith Returned to

I am to add that in addition

te

to the Public Military Departments, the

Master Genral and Board propose present copies of the views to the, British Aluscum.

Dr Geographical Society.

United Service Institution.

Bibliothèque du Roi, Paris, 4. Dépôt de in Guesse.

Maie

to

Shave the hones, Ye

(Signed) R. Byham?

Copy

to Committee.

Houghong, being for the Year 1846.

The last exhibited an

improvement.

in the Revenue from £9,534 to £22.242 -

The present. One shows an increase-

from the

last named sum to £27,047. It would be-

easy to augment this amount, but I have always kept in view the importance of leaving

the Trade of the place entirely

infettered _ To this end, I have not even

impored_ a Tonnage duty on shipping, and have abitained from bringing. into

into operation

Air

Ordinance which was drawn up for imposing

The Right Honorable,

The Earl Grey,

to.

to.

2

a duty

on Wines and spirits imported into the Colony - No Custom-house whatever is in

existenec -

Onc

of the beneficial_

results of

of this

perfect freedom of trade has been the fact

your Lordship in

communicated to

my.

Deepatch Nr. 141 of 12th December, wherein it appears, from the statement of Mr. Coneal "Macgregon, that a large proportion of the British reports for fauton are previouely warehoused in this folony.-

An inspection of the comparative_

years at Pages 28 and

statement

for

the two

29 of the Blue Book will shew that the

increase of Revenue in the last.

accrued rather

from

the

year improved

has

Expenditure.

Parliament. for its Civil-hxpenditure,

amcounting for two years

detailed in

February.-

my

as

217

Years to £9.119. Despatch- Nr 17

M217 of 12 th

With the Strong opinion of the Board of Trade in favour of the tax levied on the consumption of Opium,

of Opium, as expressed in the Incloure to your Lordchip's deepatch N. 4b of

24th November, and with own-concurrent.

my. convictions on the same subject,

continue to derive a revenue

I shall

from this.

source, with such modifications of the

exicting

law

as

time and

experience may

productiveness of existing imports, than from

the enactment-

of

new ones.

By the aid of the Revenue levied in the felony, I have been able to dispense

portion of the

with a

sums voted in

dietate.

While the income

increased

during.

satisfactory

of this Colony

the past year,

it is

to observe that the total.

has.

Expenditure has diminished, the difference

amounting

to £6,575.9.8 - In my Despatch

No 137 of November 24# I had the hour to report. retrenchments of a permanent.

4

nature, in the reduction of Salaries, to the

extent of £3,000 per

anuum;

and. I at the

Six Guns-

came time suggested further retrenchments

to the extent of £1,800 yearly -

The Military Expenditure of

Land- front of the Cantonment, which

218 tuonut

only remaining defence to tre.

The

constructed towards the

ter

074

this side

is a large battery of fifteen Guns à fleur

d'eau, to command the whole harbour,

the site for which is now

this

Military Expenditure_

and

le

- levelling.

Jublic Winks.

expenditure. on Recount

of Public-

Works

during

the

will

"Colony is wholly defrayed by the army Ardnance retimates - The reduction of the Military hetablishment and staff from a " field= free to the seale of a garrison "this year effect an important retrenchment in expence, which will be assisted- the change from Indian allowances to Ardinary folonial pay.... Some of of pay...

of the most important

by

Military works, as the Barracks and_ Hospital, have been completed. On the

open

town and harbour side two

batteries have been constructed, one at

the hast sea-

sea - pout of the cantonment,

Guns, and another

mounting nine

upon Government. Still on the west-

ensuing twelve months with be comparatively large, on account.

Offices

of the Building for the Public Retimated at £14,300 to be excented by the Ordnance Department. The

The works already in

progress, or of which the Reports and Retimate: have been sanctioned by Her- Majesty's Goremment, comprice nearly all that are required by the early exigeneics of this Colony, with the exception of a fourt - Stouse-, which is at present rented, and of a

Meto

a

Goromment Bruce, which I have left-

to the last.

In

I stated.

my report of last year. I I

b

that a good

    road extended within five miles of the circumference of the whole. ieland, 18 miles being completed out of 23.

The remaining five mites are now ordered

to be excented, and this work has been

com meneed.

For purposes of Military

as well as

Police, and for

protection, Jeneral traffic and internal.

the

"communications of the Colony, this road

is essential:

   Appended to this Despatch two Reports from the Surveyor

the Publie unk

during.

General

1846, and

のし

are

072

the

progress of his Department . - From the

on

former of these it appears that the value of Convict labour in the course of the year is cetimated at. nearly £700.. I find examination that the food and clothing. of the Prisoners in Gaol has amounted to £7/3, and hence it

appears

this

that

nceessary expence has been nearly

No 2.

3. isa Southampton

repaid by the labour of the Convicts.

219

7

The completion of the Gaols has relieved the Government from a heavy- amount of Kent paid- for the recupation of -hired buildings, and at the same time- greatly augmented. the security of the Priemers.

The receipt of a final sanction for the work from your Lordship has enabled me to commence the erection of a Celonial_ (burok - The first stone of the Building Church was laid by

α

me on the 11th Instant, with

large attendance of the fotony; and the

event is so

first

memorable

as

this is the

for Protestant Episcopal Church.

erected on

delay

the

ever-

confines of China- The

which has arisen-

from

the

portponed sanction of Her Majesty's Government has to plans,

t has tenided to mature the

as well as to accumulate_ funds.

of the expence having

One third of the

been

contributed by the Inhabitants, I have

deerned- it- right to pace

veeting

an Ordinance.

the property and

management.

of the Church, partly in Trustees chozen-

My

the subscribers, and partly in others nominated by the Governor - A copy of the Ordinance in question will_be_ transmitted by the next. mail...

+

Under the head of Legislation, Legislation

only seven Ordinances were- -passed during

and four of these were-

the year

1846, and

to amond or modify the provisions of previously existing laws. - The most- important - enactment of the year-

Seen Ordinance. Nr. 3 for

has

for the "Relief- of

Insolvent Debtors, which has received-

the

More

effectual

the sanction of Her Majesty - From- Ordinance N7 for Registration of the Chinese Inhabitants,

Some

Pauticipate the best effects.

apparent

rent diminution in Population

of the Chinese

the

-gross

amount.

population as compared with last

registration,

mme

220

year,

is explainable by a careful system of

- which, while it gives a truer account of the actual number, relieves us from

those who hung loose on the community, and only applied. for

use

tickets to make a bad

of them.. The number of femates and of families has increased from

last

・year,

and

"this (as I before observed ) is a very favourable indication, being symptomatic of

fixed habits, and a

Government.

The return

confidence

tuore

in nur-

of Population is entirely

exclusive of the Troops, which amount to about 1300 - The Anglich population is 618, of whom 167 are females; and the resident- Strangers

In

amount in all to 768.-

my Despatch to Viscount Palmerston No 183 of Iecember 28th, I took rccasion to point out the remarkable fact, that the progress of this Colony presents a most

-

favourable contract with that.

       of Singapore at the same period from the commencement, even when reduced to the test of figures -

• Mo. frawfurd, formerly Resident at Singapore, states that when that Settlement- had existed Sin

   the population years consisted of highty-four huropeans, and- 11,851 Malays, Chinese, and other Asiaties. The Revenue he

says amounted to $7,000-

Dollars, on £ 18,125 - Houghtong has not- yet reached its sixth year, and the - Blue-Book for 1846 shews a total;

6. population of 32,453 (exclusive of Troops) of which 6/8 European; while the Revenue was £27,047.

The quection of Climate seems to be Climate . set. at rest. - I have already had

are

finally

to report the rapidly progressive improvement

in

this

the health of the European Troops of

were

  garrison, in proportion as they provided with good barrack accommodations, and as the general drainage of the folony

221

of advanced... The following statencent, exhibits at one view the extraordinary improvement. sinec. 1843.

Deaths in Ruropean Force.

Year, 1843-1844-18 45 - 1846 .

Number, 373- 216- 143- 56.

the

The total European force, by "Weekly state. " returned to me on the 3rd January 1846, was 911. The annual-

Education.

Wres

than mortality

therefore not more about. b Per cent. The fotonial Surgeon's ___

report. shews that the deaths among all

were

..

persons in Civil employ only / in. 30-25

02

rather

-more than 3 per cent, and he concludes by saying,

"It thus appears that. 1846 has been quite as healthy, if

the year

not more so, than the preceding one".

There

are

four

educational

Establishments in Victoria-, conducted

by

12

Europeaus- One of

     of these is under the charge. of the filonial Chaplain, and teaches the children of the inferior. Euglich population..

One is

is for

the instruction

of both Europeans

and Chinese in the Romich religion, and under the direction of the Propaganda Society

of Italy.

Two

are

for the exclusive-

education of Chinese_ in Ruropean Knowledge- and the Protestant faith, and entirely of

Missionary character...

There

are

four.

        Chinese schools in- Victoria, and about nine others in the different parts of the Island. I have

before observed that some

slight contribution

from

Government to these native seminaries would be attended. with a good effect-- Rey teach. only the Mements of reading, writing and accounts, and there is nothing exceptionable on the ground. of

idolatrous instruction. Neither would.

they be of a purely eleemosynary character,

Places

of

222

the greater portion of the expence being

borne

by the pupils. If these school's were- eventually placed in charge of 1

Christian teachers, bred.

charge of native

rep. by the Protestant

Missionaries, it would afford the most-

rational prospect of converting

the native

population of the Island..

Under the head of Christian places

Worship. of Worship, I have to enumerate One English- Spiscopal Church, One Romish Church, and four dissenting Chapels in Victoria... There is also a Protectant. Chapel in the English. Cemetry, of a neat and suitable construction_ for the performance of the burial service- Of Pagan. places of worship there. four - The being a Mohammedan Morque, and three Chinese - temples.-

Trade.

are

In addition to the Danish and American Consuls reported in my

an

last,

American Viec- Consul has been

appointed to act at Victoria.

The

Blue-Book will shew an increase in the

Shipping

arrived at

Hongkong of $87

vessels as contrasted with 334 in the

former year, and 130,199 Fous in lieu- of 117,210 Tous in 1845.

A branch of the briental . Bank

is established - here on a very extensive- seate. It issues notes of from 5 to 100- Collars, and these are found such an execedingly convenient, substitute for the former system of paying.

           by weight, that the Chinese themselves rea

readily receive and exchange them. Should- this Bank be chartered, it is likely

to

JUMS

prove of great benefit to the grueral-

trade with China.

  I have received from the Deputy Commissary General- a very favourable

   of the circulation of the British Coin- sent out by the. Treasury- He tells me it has proved extremely

account

223

useful for small payments, and that- even the Chinese have brought. Dollars to him to be exchanged for. Sterling - is going to apply for

£

16000.

number of respectable

He.

more to the amount.

To judge by the augmented.

shops, the

Chinese shops,

native trade and indecetry of this place.

are M1.

the increase

the products of

is no.

as

they

here..-

Chinese

For

many of manufacture

it

longer necessary to send to fanton, can be procured equally well-

A check has been given to piracy in this neighbourhood by the capture and conviction before. the Admiralty Court of some Pirates, and by the delivery

demand accor

recording

to Treaty ) of others to the Chinese Government . The pirate

(on

was condemned and executed here in

January last, and three more sentenced

to transportation for life.

The Judicial

       and Police Departments Police- continue to be the hearsect. Civil charges of the Colony. It is to be hoped that a

smaller

Auglish Police free may bey degrees be required, and I would- recommend that any future Superintendent on Inspectors of Police be selected from persons in the spot, acquainted as these are with the Chinese population, rather than that members of the metropolitan force should- be sent out from England to a community whose habits, and language

entirely strange to them, and in respect to whom they are therefore placed at a ____ comparative disadvantage...

are

  I have had the satisfaction to state that the completion of the felonial Gads not only relieves the Government from the payment of a heavy rent, but is also likely to be attended with diminished

224

expence in the custody and guarding of prisoners. For the sake of greater security, and with a view to the - general welfare- of the inmates, I have made it incumbent on one

one of the Magistrates. to visit the prisons weekly, and send me a written report

condition...

·t on

I have the honor to be,

their

With the highest respect.

Your Lordship's,

Most. Obedient.

Stumble Servant,

ndanis

Hladkey.

H.). He flee...

Starinte

kie

Committee Buch is how sitting on the Frade with China

Robably Chir Dasalih ? be com

26 hay Blicke und

or cather, on the conduct.

25 hong this is certainty infrilant.

The Carl Grey. Sir J. H Davis,

133 March, 18477.

3 Inclosures.

No 31

Received

Report on the state of of Hongking for 1846, with

Frasesmitting the "Blue Book

the Colony.

"

than

። "7

June

The Repet

in the Evidence

9.26/

225

Extract from Mr. Consul Macgregor's letter N 118, dated Cantów, of the December, 1846, to His Excellency Sir John Francis Davis, Baronet ; te, te, te!

With regard to bantew, I would remark, that the greatest proportion of the goods intended for this market are warehoused at Hongkong,

Hongkong, and only sent over when they have been actually sold here, or offer a fair prospect of a prompt sale . This affords

- merchants the facility of deferring the payment of duty until the period of importation, although till thin the goods are subject to the charge of

our n

warehouse rent."

Fun Extract.

Mane Colonial Secretary.

SWEDISH

OLLYWSKYH

PRUSSIAN

TOTAL

A RETURN of the Number of Merchant Vessels, of all Nations, distinguishing their respective Flags, which cleared at the Custom-House

during the Year ending 31st of December, 1846, proceeding from or bound to, the Ports and Places undermentioned, viz:-

of CANTON,

ARRIVED

DEPARTED

214

92,896 Tons---||-||

29.049

1-1

5--5-al} | - 19 | | | | | | ||__ | | AMERICAN ! ] |

BRITISH

1,283

4

2.747

DUTCH

DUTCH

H

300.

KYLDTAN

:

Canton, 31st December, 1846.

" $05

1

1,791,

-

3

| | | | | | || |_|||||

12

30

NAMES OF PORTS AND PLACES

AMKRICAN

FRENCH

... London

... Liverpool and Bristol...

...Glasgow, Leith and the Clyde...

Dublin and Cork

Havre and Bordeaux. Amsterdam and Rotterdam ... Antwerp...

Stockholm ...

Hamburgh

Cape of Good Hope

Bombay... Ca'cutta Madras

Tuteenin

Siami

.Singapore and the Straits...

Batavia and Sourabaya Bali and Lombok

Monila and the Philippines

...

New York... Boston and Baltimore

Mazaılan and Mexico

Callao and Lima

... Valparaiso

SILIO

38° * | | | | || | || | ||

Sydney, Port Philip. and Hobart Town 16 Sandwich Islands, New Zealand, & Marquesas

28

Hongkong

... Macao

...

32

Amoy, Ningpo and Shanghae

6

5

1

304

550

130,170 Tons

HI

"21

18

9

207

6.5

4 8

1

I

38,880 Tons

29,788

1

1,283.

;

2,57499

+

t

3

9

FRANCIS C. MACGREGOR, Consul.

ESTRY

PRUSSIAN

KWEDISH

TORTER || HANSEATIC

126,755 Tons

207

TOTAL

226

Copy

N6.

Sir

9

227

Surveper Generals Office. Victoria, 22nd January, 1847.

I have the honor to submit the following

Report upon the works that have been executed

during the .

e your

lash, past, as also upon the general

state of repair of all the Roads and Wrks in the Island.

Roads.

The works upon the Rucen's

Road have consisted in the complition of t

the

Service

authorized under Report and Estimate Nr. 2 of 1844, together with the construction of the side channels, Reput ; and Extimate N 13 of 1845,

culverts which were authorized

and drains or

under Reports and Estimates Nr. 1 and 14 of 1844.

These services I think will be found

emple for all the requirements of that district

Hortble Major Caine, Colonial Secretary.

i

12.

extending from the Ice-house to Tarping shan. In

instance the Drains both above and below

every

ground have been found to answer

         very satisfactorily, and in general that part of the Road has been

and is at this present moment in very good order, and the only repairs that can in

can in future

Some necessary

be called for, I hope will consist in the application of sea-sand to the surface, at any rate, until wheel carriages become more numerous. In the district extending from the Canton Bazaar to the Wongneichung Valley,

      works have been undertaken, and the direction and levels of the Road have been much improved, particularly opposite the Military Hospital where the straightening of the line by removing the large projecting rockphas

   ew of that fine building, as well as being of services in permitting a freer caculation.

giver

of air

air

a view

new

The surface.

is now in very good order. Included in the authority for this work is this

228

proposed Bridge at the North Barracks which

about to be commenced, and will be completed.

rains so

that the Public will

before the next heavy. not be inconvenienced by the stoppage

as

Road

1 by the stoppage of the Roust they have been for the last two years

RECORD

The Streets in the "Town have now almeet all the under ground chains finished, and

the

when the formation of the side channels is completed, the general appearance and healthiness of district will be very much improved, and I have

from the

every hope that little or mo

damage, will result: rains next season, notwithstanding steepness of some of the Streets. Much difficulty, has been experienced in bringing these Streets to the

the

uniform inclination as originally proposed, in consequence of the impossibility of compelling the Lessees to erect their houses on the levels assigned for them, and this in some instances the door ways

are a little above the Road, in

others too low; this however I have tried to

arrange in the most satisfactory

manner

for those

partics, at the same time having due regard. to the requirements of the public at large.

     The Aberdeen Road has been completed during the year, ( Reports and Estimates Ms. 12 and 12 A of 1844, and 12 of 1845). No damage of any

kind has happened thereto,

a

on

the whole length=

and the surface repairs have not exceeded 13.6 per mile.

The old Road to Stanley has had

year, and the

- thorough repair during the last y means adopted to preserve the surface from such extensive damage as annually occurred thereto, has been found to answer. very satisfactorily.

   The direction and very objectionable levels upon this line have so often been remarked upon that it is und

unnecessary for me to do so

now ; at present it is in very good order, but the surface repairs upon it must always exced those

of o

other and less steep Roads.

سے

That portion of the line from Tygtrom

to Stanley, which was by far the worst part of it,

is now.

229

being improved under Report and Estimate N° 2 of 1846, and when completed I hope will be considered a serviceable Road, thus opening a communication with Stanley which might be made available for wheel carriages via Taiwan, the other route being perfectly useless for such a Junpose .

The Suiwun and Tytam. Roud, was completed and rendered more secure than originally contemplated, under Report and Estimate 9 of 1845, and with the cxception of that portion through the quarries at Sookewan has remained in a very excellent state of repair ; the drains and bridges have answered very well indeed and have been proved to give sufficient : water way during the heaviest roind

do

In a country the kills of which.

are

-

f

- peculiar a formation, the size of these drains and bridges could only be fixed immediately after

the heaviest rains

the surface

by a careful examination of

· over which the stream passed in the

в

immediate neighbourhood of the proposed site; and notwithstanding the extreme velocity of the water passing in heavy floods which often carries with it stones of nearly half a ton weight,

has occurred to the masonry, and the - damage

no

some

water way bring jound to be sufficient, at, future day the wooden platforms of the Bridges

may

  be removed, and an arch turned upon the present abutments, which have been constructed with a viewd to that arrangement . This applies of course only to those Bridges which have stone

abutments.

The Bridges which are entirely

constructed with wood on this line are between Causeway Bay and Sockewan, where the Road

on.

the sands and a

has been formed entirely foundation could not be obtained for stone

abutments without greal expense. locality.

In this

immente quantities of débris from the

quarries are washed down to the Floud, it frequently. changes the whole

of the stream, and

course

230

commits great damage by forcing, it's way

across

the Road which is invariably destroyed at that.

point. Many parts of the low land aspining

the road have been raised in one season 3 or 4 fect, and at. Sookewan the accumulation of this silt has been so great that the water-mark has receded repwards of 100 fest ; it has therefore been found to be impossible to keep these parts of the line in very complete repair during the

pains.

The Causeway at Sukunpu has been strengthened, and the inner.

inner slope grassed; these works with the exception of one of the Bridges, the concrete backing of which partially failed, have also remained in good order, and required

no

- repairs since their completion, in April last, and the pathway round the bey required. repairs up to December last.

no

The Causeway. I think may be rendered.

the erection of sluicergates

more secure.

tes at each

of the Bridges ; for during heavy weather or in a

8.

North-east gales, particularte, at the most northern

Bridge, the rush of water on

the

pise and

and fall

of the tide is so great, that the pund is bosened

and frequently carried away,

the

mians.

notwithstanding

I have tried to prevent it, by piling

d filling

above and below, and,

in the space

with stone; thus the foundation is insufficient.

to sustain the weight of the embankment

adjoining the abutment, and the surface of consequence. I intend

Roadway sinks in consequence. therefore to make

--

an examination of the same

for the above object, and submit an estimate for the consideration of His Excellency the Governor I must here remark that this work has remained for a period of eight months without any repairs being called for

The repairs upon the Queen's and other Roads during the

year have only

amounted to the sum

8 of £342.15.2,

and

including a sume of £58.10 expended on the Gap roud, i distance of 400 yards, has

a

{

231

only cost at the rate of 2 per yard, which may

be considered a very small sum indeed, for surface repairs where the Roads are so much steeper than in England and where no metalling is used. The sundry, repairs to Bridges have amounted to £34.6.11.

Buildings. The three Police Stations

r8of

authorized under Report and Estimate M 1844, and commenced in October of the same:

year,

year, were only finished in January of last; the Contractor for this service, although he had a very good price for it, and $ 1316-66 beyond the Estimate,

was a most unsatisfactory workman, and tried every

means he could devise to disquise

his bad work, and as these buildings. evere situated

at a considerable distance from each other, and having no permanent Overseer upon them, he had much in his power, but, whenever a discovery of bad work was made, it was pulled down ; this he invariably objected to, and stopped the workmen ; again the workmen

on were not paid,

10

und so much delay occurring,

          the Contract was completed at days work by the Department, and the Contractor fined in the amount of $3,900.

The Registry and Post Offices

together with the fittings for them, completed during the past year.

were

also

lunder

Upon the works at the fail und

Report and Estimate Nr.5 of 1845, the expenditure has amounted to £2287. There works have occupied as longer period in their construction than was originally supposed necessary, in consequence of certain additional services detailed

in

Report and Extimate Nr 8 of 1846.

The Contractors for these works, war Chinamen, and in general showed a desire to give satisfaction, and although the expense of bringing fresh water sand up the hill, great, there is not an instance where the workmen have mixed. the lime used in the construction of -mortar with the red mud usually employed.

was very

as a

232

substitute for the sand ; thus the execution of the brickwork has been as sound and perfect us it has been possible to make with the materials.

The Police Station near the Military Hospital, (Report: and Estimate #4 of 18467), was commenced at the latter end of the

I of the year,

and is

making very satisfactory progress, and the Police Station at Aberdeen, commenced about

the same period, is also being proceeded with at present slowly, but the workmanship is very.

good.

to the

The cost of repairs and other contingencies to Public Buildings have amounted of £81.13.2 during the past year; this is exclusive of the sum of £115.5.4 which was paid for certain additions and repairs to

the

Sum

Bungalow at present occupied by this Honor the Chief Justice -

under.

All the Public Buildings at present-

tolerable state of

my charge

are in a

repair, with the exception of the Offices

!

12.

occupied by the Treasurer, Auditor, and myself, and I fear that they will not hold together another

wet season, or certainly not until the new

Offices

are in

are completed. The timbers of the roof are

some

- places much decayed, and the Verandah so much so that I think it must be taken down

immediately to prevent any

accident.

The quards-houses and Police Stations

occasionally require repairs to doors and windows

as the

and do

occupants are in : general careless, not sufficiently.

    secure them during the strong winds that sometimes prevail here, and for the

more.

in

- perfect keeping in repair of these buildings future, a careful examination will be made

month, and any necessary

any necessary work be

once a

executed without delay. Marine Works.

Three landing piers were

constructed under Report and Estimate Fr. 10 of 1845, and the Contractor executed them in

a very sulitfactory

manner.

They are very useful to the community, but a constant deposit. of

[

233

silt occurring in that vicinity, will soon pender it

necessary to prolong them, or at least for this season clear that material away to mable bouts to

closer.

come

At the Harbour Master's Peer, the deposit has been greater than at the three others; this I propose to remove by the Convicts of possible, and place the material upon the Roads they are forming in the picinity.

Convict Labour. I have now to allude to the work executed by the Convicts. At the latter

end of the year 1845 according to the orders of His Excellency the Governor, a Report and Estimate was prepared for their future work, in order that the value of their labour might be shown satisfactorily ; this Report and Estimate N I of 1845 was accordingly submitted and approved of by His Excellency with the exception. of two items Nr. 5 and 6, which, it was not considered safe to place them repon, from the difficulty of guarding them sufficiently, the locality,

14.

being in the neighbourhood of the Chinese Town'-

( Ta-ping-than ). Therefore the remaining

works embracing four items were undertaken, estimated at $3,346, and completed during the past y

Another Report and Estimate 7:10

past year.

of 1846, was prepared by the late Surveyor General for further works upon which the Convicts are now employed.

is as

αν

they

may

are

The work executed by these men

be expected proceeded with but slowly

much incommoded with their

shackles, and being obliged to be sent back to Jail earlier than a free Coolie would leave his work . Under these circumstances I consider

they have executed a reasonable quantity of

work.

My Estimate values cach Convict at sixpence, but this is too high, as many of them are miserable beings, and in cold or rainy.

a rainy weather

can.

- give

but slight assistance : some are

boyd

The total number employed during the execution

}

234

15.

of the above services is 30,000, and the Estimate of the work performed amounting to £697 1.8,

gives the

average

d

: value of each at about. 54-

A few trifling repairs have been done by them on Caine Road, but this service is to small I have not considered, it necessary to

make further mention of

I have, te,

(Signed) Cleat Ft Gee Cleverly,

Surveyor General

Colonial Secretary.

to 31 of 1947.

Matonore, No 2 in Beth:

1

Copy;

235

Sit

Surveyor General's Office,

Victoria, 23rd January, 184 7.

I have the honor to submit the following

Report upon the progress of this Department

the last

during

year part.

The

general routine of the services

executed by the officers under my direction has

undergone no change sina my report last.. year with the exception of the perint during which

1

Mr Gordon had charge as head of the Department; and as he had frequent attacks of illness which

ted his attendance at: Office, he was unable

prevented

to relieve us from any pressure of work; for instance I required some months to prepare

a new set of

plans of the Town showing the houses which have been built since my first survey

Houble Major Caine,

in 1843.

گل

during 1846.

Report of the Surveyor.

Publia Works.

General

on

22nd January, 147.

Colonial Secretary.

2.

must therefore defer that work until another opportunity which I fear will not occur this season as I must necessarily attend the Office from 10 till 4 every day, and Mr Pope's time will be fully occupied with the works to be executed.

The want of efficient Overseers for

I mean

mean men

the works has been much felt ; who are tradesmen, such as bricklayers, carpenters, &e, to remain upon each separate work during its execution, for however strictly a specification

may

be worded, a Contractor will find means to make the work appear in conformity therewith, and it is totally out of the power of the Clerk of Works to detect bad workmanship without pulling it to pieces. The works are visited as often as possible both by onyself and the Cleck of Works, and in Town, Overseer Crawford had charge of all the works, which being at a considerable distance from each other, rendered the inspection

very severe;

he is

is a

very

serviceable man,

has given great satisfaction_

anil

{

236

The hardest work that we have to encounter in this climate, I find to be in surveying

levelling,

- me to remark that we

: as the person so engaged is necessarily much exposed to the sun, and if the locality is far removed from Victoria, the best - portion of the day is taken up in going to and returning from work: It is hardly necessary for only have three months in the spear in which we have a chance of making a good day's work, and even then it is dangerous at times to expose one's self to the sun; the remainder of the year we can

only

work in the

mornings and evenings for two or three hours at the utmost, it is therefore apparent

that the amount of work,

we can.

u perform is very

small in comparison with that which could be

done in a more.

The

temperate climate.

e greatest share of this work necessarily falls to the Civil Engineer and Clerk of Works, Mr. Pope, as he is the only person in the

Establishment, who can give me

-

that assistance .

The next officer, in the Establishment

..

4.

هند

 Read Overseer M. Bruce ; unfortunately he is unacquainted with the details of the work which I most require from him, even if I could employ him in the Office as a draughtsman during the hours he is not engaged on the works, it would bea

  very great service to me, but although he professes to be an architect and civil.

l'engineer,

e

I have never been able to procure from him anything that would bear inspection. The whole assistance. I derive from him therefore consists in the

                  & general inspection of finished Roads and the direction of the convict labour which is also under

the

charge of Overseer Matheus, who receives his - instructions from Mr. Brucel

It has been the duty of the Civil Engineer and Click of Works to make a weekly report " upon the progress of the works, but in future if it should meet the approved of His Excellency the Governor, I beg leave to propose that the Report be made monthly, satisfactory detail might be made of work

1, as a more

Y

237

executed during that period than for the short: space. of six days,.

; as in the latter time it occasionally

happens that the change in the work is hardly perceptible . This monthly Report. I propose should include the state of repair of all the Public Buildings, and Estimates be submitted at the same time of the cost of any

- services that may

be

necessary for the improvement or repair of them, the same to be done with regard to Rouds, &c : this plan I think would answer better than the

satisfactory

present one and would be more satis showing at a glance the estimated repairs all Public Works for the month

on

as

On forwarding the Report for the information of His Excellency the Governor, I further propose that the usual Requisitions

detail for each item of expenditure that I

in

may

consider necessary with reference to the Report, should be prepared by me and submitted for approval in the ordinary

During the

"

year,

manner.

the number of

میں

Leases executed has been 203, the number of lots

or

- parts of lots absolutely resold 71, the number of mortgages

    on lots besides sundry assignments, se, xe, registered in the office amounts to 25, in all 96, of which number 50 have been executed by Chinese, the assignment and memorial of which have been entirely prepared.

   ofe by Mr Tarrant, assisted by the Chinese Clerk Keoukitch, in the mode sanctioned by His Excellency the Governor.

>

   I have much satisfaction in stating that the tedious and responsible duty of the preparation of the Leases is now.

nearly brought

to a conclusion. This duty, was necessarily entailed upon the Department in the earlier stages of the Colony, but it was a service, properly speaking

have been

very.

belonging to the Crown Solicitor; apparently I

     slow, in completing them, but as the whole work came upon me at once, before my surveys were finished, the Surveyor General left

on

- sick certificate, and the Department was

T

238

further reduced by the resignation of the Draughtsman, this together with the extensive, works which were

h were being executed by us, occupied to much of my time it was impossible for

me to proceed with more, rapidity,

re

however I trust they have been satisfactorily executed,

and with but one or

two exceptions.

I am not ..

aware

that I have made

any

mistake.

been

One of the Clerks, Mt. Harrison, having

appointed Police Rate Assessor and Collector,

it an

inconvenience,

but.

his attendance at. Office on Saturdays has been disponues. with, according to the orders of His Excellency, the Governor, this occasionally he is in general very attentive, and although rather slow, executes his work quite to my satisfaction -

Mr. Power the Book-keeper is particularly attentive to his duties which, under the supervision of Mr. Pope, he executed in a very perfect and satisfactory

manner.

I have, Her

(Signed) Chat St.Geo. Cleverly .

Surveyor General .

Marie

Colonial Secretary.

t. 31, $1847-

holosure to 3 in desp. &

Ne 32.

Miscellaneous.

20 per

109-12 Aug. 147.

RECEIVED

I My Lord.,

85

ông không hàng

239

Victoria, Houghong,

16th March, 1847.

Your. Lordship's Deepatch. Nr.47 of

December 1th calls for

answers to certain-

therein contained with.

queries Schools at: Honghong.

My application for

reference

to

some assistance-

Her Majesty's

and encouragement from Government was chiefly for the school- conducted by the Reverend. M. Stanton, the folonial Shaplain, generally on the principles of the established - Church, and to which the Police and others in the employ of Government- are enabled to send their children. H

Missionary schools in this

disinclination to

any

The

place

shew

a.

connection with.

Report of the Surveyor, the progress

General on

of his Department during

1846.-

237 Jammary, 1847.

The Right. Honorable..

"The hart Grey.

to.

to.

te.

Government-whatever...

This

The enclosed. Letter.

from Mr. Stanton

Your Lordship's queries

4.

The limits of age for the pupils

5.

in relation to

own. school, the only European Retablishment in the place to which the (Slonial - Government- is invited to contribute - In fact, without this school, a considerable portion of the European- Children in this place would be

a state of absolute heatheniem-.

$2.

are

240

extended to embrace the largest number.

It is

very far from being intended, to merely eleemosynary

conduct the School - on

principles,

but. Mr. Stanton seems to entertain

a low extimate

the means.

of the

of the parents

to contribute... A certain contribution-

uch. in

on

brought up.

Mr. Stanton states that the munver

in this school is now 40, and might be expected. to reach. 60

or

80

if encouraged.

 The instruction. is that of an Euglish - Parish-school-, under an English. Master and Mistress, superintended. by Mr. and Mrs Stanton...

3. The greatest liberality, and absence-

of bigotted.

are.

or sectarian feeling. exhibited by those concerned -, from the

estimation.

of the

-just-

instruction

- the value of any whatever under the circumstances.

their part might however, be made

compulsory,

Government.

In

my

as the condition of

assistance.

Report

on the Blue Book

to

No. 31 of the 13th Instant (to which. I beg refer ) I observe that the native schools under the charge of Chinese Christians would - afford

the most rational prospect of

converting

the native population. The Chinese have no idolatrous prejudices whatever, the education in these schools is merely in reading,

writing, and accounts, and a very trifling, contribution. from the..

Government

would have a good effect, at the same

time. that it gave substantial aid, as they are conducted on the most cheap principles. Were the Government to such as were taught by native Christians,

contribution limited

a proper encouragement would be given-, and the prejudices of the most- scrupulous could not be offended..

I have the honor to be

With the highest respect,

Your Lordships.

Most Obedient

Humble Servant,

A platment. Be he

prepared,

on a

leparate Papers,

all that has occurre

Suljest.

See the Precis

by M. Brooke, in puscause of

the preceding minute. At 28 Jane say.

Vry 48

22

Danis

Mr Navies

Hony Kony 498-1660-859.

241

In Mank 1046 a

Ith

This is a presies of No 4 - 20 Jan just has rect from Sir J. Danis

the case by Nor Brookhe.

Qts?

transmitting two applications for the assistance of Gost furtherance of education: in Hong Kong.

The font from Mr Getzlaffes, the Chinese Saunting. schisted a grant from public funds of 10 Dollar per month to each Nature. Chinese School in which at least 15 chilchen ane

taught, of which desciption he stated that there were. then 8 in the Soland. lipon this application the for simply remached that limited contribution,

"Ex

гу

"perhaps "that proposed, would have

good effect. The second firm

even smaller them

The

Read Mr. Stanton (Colmil Chaplain) requesting

the aid of Got in providing for the education "the children of the Rupean Police, Aucher, &

      Clerks, thes. The number of children of such description in the Colony he statest- to le 55, for wane. education he had established a school, the expence of which he had attempted to depray by the perceeds of Wentary subscriptions and the Mariage

Feel.

thing

to the difficulty. He experienced in obtaining subrcuptions, the amount this ottained had revved quite madequate to the peupons for which it

Je and

intended, it hing found

alment ipsible to for find competent teachers willing to indest. the the superintendense of the School for the

my.

moderate remuneration which

it was in Mr Stanton's poners

to boton

Merr.

242

Его

on this latter application Sir J. Davis expressed

duist opinion ably merely

adinting to the fact that Got allowed £500 for sinielar.

preupose

سلام

at St Helena,

This information having been deemed insufficient by

18036-17 apilgus. Mr. Gladstone, Sir J. Dans now

to report mine

called upon

fully as to the recepity for such assistance, the extent required, and the manner in which it should be given._ and the parties by whom the schools were contrattual

α

teachers appointact.

To this communication

No 81-22 Jun 46. Sir J. Dan's replied that be

found that Mr. Hanton " had

&

already

been m

"Communication with the

" Enchop of London respecting " a school for the education " of the children of Suspen "Police a thers, and that " a Salary of £ 200 per annun

"

C

a

ئی

poitol procure a

mained

"Man & his life as tharter

ક્

Miskess. This sum, together with a moduate sojed school,

"

house, unclel seem to be

"all that has required,

af

" the parents of the children

1)

ther

"Emild pay any expenses. The superision of "The School would rest with

"

"Mr Stanton, in

"with any,

in conjunction other parties who

" might be rominated

by

Gout to asait him.

suggested

сл

With regard to native.

Schools Sir J. Davis Eston that an allowance of 10 Dollars per muth should be granted to the principal

schools at Victoria, Aberdeen,

م

Stanley respectively _ "the

" effect of which would be good

on

the native population"

and uncld not entail upon

the Got

are expence exceeding

400 Bollons or £100 a gear.

4pm

243

Upon the rest of this Iph Mr Stephen suggestest that the the information receival from the Goo:

by

nos

no means explicit as regarded the number of children likely to avail themscher of these

schools, or

yoor the subject of methout

of the decation, get the respond expenditure being to very moderate for to great. object, the Treasury ought to be recommended to sanction

алл

it _ but that previous to applying to that Dept it umld be adiicable to

Phis

accutain from the different Missionary Sorities what

might be their views on subject, and whether they. contemplated taking any steps for the promotion of education in 4. Kary by means of Missionaries or the mice,

in order, if possible, to Main

their cooperation & not thin hostility. A reference not accordingly made to the

carines Soveties.

The result of this reference has to show that the some of the Societies had

contemplatedt a mission to

trong hàng,

hone

of them

had ever camed it mite

nor has there much

effect, nor

-Umed.

libilihood of their doing to. All chance of any cooperation off with there Souities having failed, the question marke whether, in the present state of the information recured fum the Gov., And Gay would be justified in car

   recommending the Treasury to sanction the

-

respoed expenditure, particularly it appeared that as ford

as hucpeans

nue

concerned,

the Schoole has said to be required for the childhen Pchie, Cleaks & thes, a class

of Persons who might.

4 Sept 146.

reasonally be expected to 244. pinide for the education of

their children to a great extent, if not entirely, at

their

Была

expence .

The information art being considered sufficiently explicit, the your

No 47-22 Junejob to

hus

report More

again

called upon

fully, and

expecially to answer the following

queries - vis,

The number of chilcher thely to avail themscher of the respond

Schools-

What rebject, and method education it is proposed to pressur

in them

Whether any question is that to ause as to religions teaching between sento attending the Schuld? The

age of adinsion

The apparent circumstances of the ponents, and whether contritition would be relied upon from them.

At the same time Tool Grey expressed his opinion that if Was Gort should uttematily want any assistance towards the estatlechment of Schools, the

children frequenting them

should be required to defray the annual cost of their

maintenance.

The present Iph from the

you : 1082 contains his

 answers to there enquiries The number of childen at querent attending Mr Wanton's

School is station to to wo hat it may be expected to reath 60 or 50 if encouraged. They receive a plain education

вы

the

245

chance of Maining any

Соны

decable contribution

from the parents of the childeen towards the

expense of the School. Sie J. Davis, however, suggests that

"a certain contribution

" part might be made

" Compulsory

ther

as the condition

" of Geremment Wpistammer

with regard to Native Schools Sie J. Dans recommends that the foot contribution be

I

clements of Puligion Kitry, fuergerplay and Authmetic. The quingest pupil is 4 and the eldest

16

Его

6 years of age. No difficulty sems to have ausen regarding Religious Teaching, the parents, sexual of abou

are Roman Cathalies.

not

and Dissenters homing raind any dition to the course permed, with the exception of the Chunks

Catechism which has in some

mitances been dispensed with. According to the for Report and the letter from Mor Stanton encend in this Iph, there seems

little

limited to much

schools

are under the superintendence

дненьне

of Nature Christians, which would seem to afferal

as

a prospect of counting the population. In this subject he refers to his Iphe ho 31. the Where Book for 1046, from which the following

extract

formerding

There are four Cherise

Schede in Victoria, and about

"mine theis in the different

"Raitt,

of the Island. I have

" before obsumed that some

"sight contubation from fost

to these nature seminares "would be attended with

Ce

good effect. They track "only the elements of reading "riting and a

and accounts, and nothing exceptimite

"there is

" on the ground of idilation

" istuction. Neither would

"They be of a purely chamrynary

"charter" the greater portion す愛

་་

"of the expense being tone by

"the pupils. If there schools

eventually placed in

here

"chaye of Nation Christian

-teachers, bed up by the Postestant Dispemences, it muld affed the most rational prospect of cometing the native population "the land." The extent of the aid solicited from bort in the foregoing statements ambt teem to amount to the grant of £200 m £250

per annum to.

Blend

7%

Mr Stanton's School - 246 and a grant of 10 Dollars per month to the three principal native Schools-

Mestring £100 per an

an expenditure of

The auction of a suitable

School house is likemie

recommended the it is not stated that accommodation

at present exists for the childhere attending the schol

рите чи

Ini.

Winche

2.8 June

ing

As the tea

I the dot all unfited

Wheth the

be Theary unght

reconce? losanden

the performe

Gu

-

hule

Continuation

shoved be insisted

£.

my foor only

bing exempted. Rise

<

the for. Anghel cority

carlain & ditumine

It served but be landhe

el,

ti detur parent sen wenden tears.. School

check

I have

wome

Entered

زندگی

C. C. Frantzen 24. Für

12,

:73:

White 4-20 Janj46. C.0.96-17 April Ti J Dans 01-22 percept. 5.047-Decpus Hi J. Dan's 32-18 Manhg07.

doubts about while it is the private hom of her Stenton the M.cc. & difie feel that they have no possible righ quit the mode of metact wer Hunks fit to adopt, but the m it is supported by a grant from the f fun complaints will be made & pro more harm than good to bellone.... appears too that at present by some in the the school is maintained not therefore prepared to ach the samet a pront for this school - wo respect to the Chinese Schools the case is different, the amount of assistance whest is extremely moder & religions difficulties me not like urise recommend therefore this puit the proposal to the Try ___

Groß

20 July 1847.

I am directed by

Sarl Grey to transmit to

que for the Consideration of the S. C. of the Treasury, the accompanying Copies of a cones punclence which has passed between Sir J. Dais

J.

and this Dept

respecting a grant

from public funds

tand the maintenance.

ал

of the Supe and Chenice Schools in Hong Kong.

In

there

laying

prafiler

Betw

paper before the L. C.. I am to request that zoe will hate to

them that considering the limited amount of the contribution required for the Cherine Schools, and

the benefits which are stabit by Si J. Dan's

As

گر

to

 likely to accuse the native population from the prepard

assistance

т

the

pant of their fort. Land Grey muntel Lovel

recommend that the

ique,

10. Dollars

per month, to each

of the principala

schools at Vitoria,

248

Hamley, & Aberdeen,

should receive their Lardships sanction

Thay

i.

Fred

Governor

But

109.

249

12 Aug (47.

Sie Ichen Dairs. Rect. Sing I have £'actinately

Fr

Ва VR Stephen

ART!

Earl Grey

AUGT

the receipt of or dispatche 8032 of the 16th of thanh lact, furnishing the further information. for which I hach called relative to the propriity of Affording the aferditame

in the maritenance

an attentive

of the Suropean & Elnicze Schools at Song hong.

After Jerusal of the reports

now lefore

me on this

Subfect I am of

: Opinion that there are Affections to any grant

F

of money being made by Gost for the desport. of the Schools for the Prohican Children at Bing hong. Hate Solhatte having been established by the personal exertional

th

of the Colonial Chaplain may now fairly be manitaimed. by bohmlang subsorptions the Parents of the Children for whose benefit they have been designed,

This demand

Le

      may reasonally made since the greater proportitle of

The Perents one to the Service of Goot & have.

consequently the means of 250 Repaying this very legitimate

charge

or their resources. I entertains puthier & thong

a

mpression hab if lind socce

b. Le Grantedt & There Schools prons the public funds complaints pond arise on the

peach of th f.

Parents

who are not members of the

Church of England. & the religions misbrution afforded 8 thei Chidren. Here complaints cosill not be made so long as the Schools one treated as private

Schools as the Coman Catholics

2 Sippenters wind thew have no

le of right to question the molle,

wistruction which the colonial

Chaplain may think fit t Establish in them. The case however would be very different of the

the Schools were to le regarded As public Petablishments.

With respech & the Schools

for the Ahicle, as the Armont

contributione regensied for their

enoderate,

Support is very

religious differences

fre

not

littely & oceus in their cate Zure all liberty le quant

в

& lack of the thire; at Victoria, Stanley & Aberdens an altern

at the rate of 10 Bollars

10

ди

Jer mouth.

I have

Copy.)

Sir..

251

Vietoria, 9th March, 1847.

Prosuming that. His Excellency The

Governor requires prave

me answers to the

queries of The Right Honorable Karl Grey, only so far school. I beg

1.

There

as

they

concern-

to state as

my Anglich- follows.

are at present in actual_ attendance 40 Children; but the munter

may be expected to attain 60 or 80 in the

of a few years.

course

2. They receive a plain and useful education in the clements of Religion,

principally by

lucano

of the Holy Bible-

of

Christian

the Church Catechism and the brotis

the Society for Promcoting.

The Houmable

Major Laine,

Colonial Secretary.

Knowledge; in Reading, Writing and- Arithmetie; and in the Elements of History, Geography, and Grammar..

The instruction is given by English Master and Mistress, under the Superintendence and with the

: assistance of myself, and more

of Mr. Stanton.

3. No

difficulty

An

especially

has hitherto arisen-

regarding Religions Teaching,

there

Mor are

symptoms of any. Though among

the parents of the children there are several Roman Catholics and Protestant objection has been made to

Jissenters; no

my part of our course, except. the Church- Catechism, which in such cases. I have

· dispensed with

4.

The youngest pupil is aged 41⁄2 years,

and the oldest 16. No limit has been-

set otherwise than by the with of parents.

5.

tearly all the parents

are

116

the serviec

252

of Her Majesty's Government, mostly as Policemen, and previously accustomed to pee Regimental School..

I do not think there are three, who could be expected to pay one Shitting per

mensem: perhaps

perhaps not ten who

- would send their children to School at

six-pence per

payment the love of

menseti:

and this

would not counterbalanel

one

of the many pupils who

would certainly be excluded. In forming this extimate, I have taken into account the inconveniences arising from

the

straggling form of the Forn, and the heat and rain of more than one

than one half the year.

which of themselves render it to collect the children together.

With respect to

difficult

to

suggest

Query 2, I beg

that it would be possible to

add. the study of the Chinese language-

under a Chinese Teacher; and this

department- might. remunerate itself-

by a

the Salaries

a deduction made from of Interpreters and other Officers

educated in this

manner.

There might, also with: much-

be established in two or

advantage. three of the more densely propled_districts of the Island schools for the instruction_ of native boys in their own-

language-

and literature under native. Tenchers; .especially if competent Christian-natives could be obtained. From these schools a clase

of the more

- promising boys

might be selected for instruction. in- English by the Euglich. Master during the hours in which the ruglish_boys study Chinese.

At the same time I venture_to

any- express my firm belief, that indiscriminate union of English and Native pupils in the same class would

253

greatly impede the progress of both "..

If I may be excused in the_ intrusion of another opinion,

I would- that there is a natural

suggest

impediment in the way of any cooperation between. Her. Majesty's Government.

ment and

the Missionary Societies in the conduct- of Schools

in as muchas that the expecial_ "object of these sreieties is to prepare- teachers of Religion, view they

, and that with this

remove their pupils to a- distance from the injurious effects of

intercourse with their relatives. With- objects and methods so different, and in so wide a field,

ner various

had better be distinct and

independent..

Ar.

efforts

:ffierent. Auglish Master- could searedly be retained at a Salary

because less than £250 for annum, he would be competent to fill

A

situation equally lucrative and sume

in a Merchant's counting-

comfortable in a

house.

Chinese Teachers

might

be

procured at about. £ 30. £40 m £ 50

xwending to their attainments, and- the amount labour required..

With sincere respect for His

Sreelleney's

of

more extensive Munoledge

and better judgment,

I have te..

(Signed)

Vincent Stanton.

(True (oky)

Manie Colonial Secretary-

7

1235.

Financial

Coppy to Press : to Jhomegar

RECEIVE

MAY 24

My Lord,

18:7

060.

bóng hỏng

Victoria, Houyhong,

17th March, 18/17-

I have the hour to transmit

Lordship's information

herewith, for your

254

the Report and Certificate of the officers appointed to examine the Funds of the_ Colonial Cheets on the 2nd Instant, being.

one

of the examination directed to be made at an uncertain period, and- without previous notice.

of the

In obedience to the Instructions

"the Lords Commissioners of Her Majesty d Treasury they have compared_the_

amount found by them with the_ Balance shown me

Books of t

of

that day in the

the Acting. Treasurer, and-

The Right. Honorable,

The Earl Grey,

te.

fo.

te.

have

certified

that they agree-.

I have the honor to be,

With the highest respect, Your Lordchips,

Most Obedient-

Humble Servant,

255

PL

24 hay Mr. Hawer

This is for the information

of the Puntary?

177

9.25%

17 March, 1877.

Sir J. The Earl Grey.

7. Davis,

1 Inclosure.

N 33.

Received

the funds in the Colonial Survey, appointed to examine extraordinary, Bound of

Fransmitting Report of you

1847.

Breasury

on the 2nd March

8. 8. Ge 1. Kerelyen love.

mtby MAY ABStephen 20

Earl Grow

March

31

4 June 1847.

256

I am directed by Past Grey

to haudmit to you for the

siformition of the Lorar

Commiss : of the Keasuring

the accompanying Copy of

Despith from the Gournian

of Hong Kong Covering

Refrath of a Board of

The

Sarvey oppaciited to Semeny

examine the Funds in

the Colonial

1 Leasary on

the 20h March last.

Shere

Proccedings of

Beard of Survey held at the Colonial Treasury of Hongkong puronant herder from. Mis Excellency The Governor dated this 2nd day of March, 1847.

{ Membert,

The Board having tation an

The Honorable Major Wm caine, Colonial Secretary. Mr I. Mercer, Esgr., scting Colonial housust Chas. St. Geo: Cleverly, Eiffle Surveyor Generall.

ceart Account of the quantity of each bron existing in the Colonial Chests..

certained the same to be as follows. viz

In the Strong Nault.

Public Monica.

Private properly as per

schedule A.

35. In the Frecaure chest_

Barfeces

4,711 791,108|75| 7364

Total.

13,000

1.9 33 115

146,935 115

1.992 1

Cash Span: Bollurs

Rep: Dollars Sterling berge:

$

$7,400

T

Sotal

3838

3838

1766

1764

1.203 32

58 6 0 3 32

5,51894

5,51894

10 4113 | 4

12717

53

1,16910

te properly po

her sebedule B.

4704

56.4

Sotal. Grand Total.

470744

56.4

47 1179

4,308 4 2,328

63,3 15 11/

400

150875

7,027 69

1199 "

20216 y

255 14

20255

2,194 18 (4)

17128 9

to seventeen The

and bure H..

5,136, E. 0..

Public Menits. Private

viz:

Amaunting Geblie Moring

Private Property-

dred, and Twenty eight tour £ 14.992, 1.474 sterling -

And they further certify that having inspected the Treasurer's

agreed with the Balance therein. sheww.

Colonial Treasury; Victoria,

Hongkong.

2nd

March..

1067)

[Fratbopy)

Main

Colonial secretary.

Thittings and Nine Pence Sterling.

Books, they found that the abover

#faring, Colonial Scorelary: H. I. Mercer, Googleglonia

co: Oleverlys durveyor General.

257

No 34.

Legislative.

The hote

M.

CEIVED

C D

MAY 24

1847

My Lord..

B61 khong hong

258

"Vistoria Houghing,

18th March, 1847.

I have the hover to transmit with this Despatch a certified_ Copy of Ordinance No22 of 1847, entitled, "An Ordinance to provide for a Church in Victoria in the Seloend of Stonghong.

A

It appeared desirable that the Tranagement of the Church and its funds should be rested in. Trustees, and that these should be appointed in the

With

proportions of the Government and private contributions respectively, namely, four Trustees

or two-thirds on the part of Government, and two Tructies or One third on the part of the subscribers. The Right Hounable,

The Earl Grey,

to

fe.

to

A very good Majesty's Colony of Ceylon served

Ordinance of Ster

partly

as the model of this enactment,

it

may

be

and. I avendingly hope approved by your. Lordship and

recommended to the sanction of

Her Majesty

I have the honor to be,

With the highest-respect, Your Lordships,

Most Obedient

Stumble Servant,

ndani

259

entered

Sir J. Davis Bart.

Forwardedly MRB

1/6

Stephen 16 Millawes 4 Earl Grey

No 2 Nawy.

99.

230

18 Jump 47.

I have to acting the

rest of gouen Iph to 34 of the 10 Mank 1047 endoring

Arr

trdinance

entitled "An ordinance.

to provide for a Church

"in Victories in the

"Island of Hong Kong "

Having laid this Ordiname before the Jueen, I have to riforn

The Earl Grey.

Sir J. H Davis

18th March, 1847.

1 Malosiore.

No 34.

Received

'f Hongkong"

"to provide for a

"in Victoria in the Island

of 1847, entitled "An Ordinanc church

reporting on, Ordinance N.2

Transmitting copy of, and

Kasp! Word & Augers

Joy to

Joe

that Al has

been pleased to allow

and confirm it :

Jou will make known Was decision by a Proclamation to be

7

published in the umal and most

authentic manner.

Juny

HONGKONG,

ANNO DECIMO VICTORIE REGINE.

No. 2 of 1847.

BY His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor and Commander-in-Chief of the Colony of Hongkong and its Depen- dencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE TO PROVIDE FOR A CHURCH IN VICTORIA EN THE ISLAND OF HONGKONG.

Title.

[11th March, 1847.] WHEREAS several persons have subscribed certain sums of Preamble. money for the purpose of erecting a Church at Victoria in the island of Hongkong for the celebration of divine worship according to the rites of the United Church of England and Ireland, and by some Minister thereof duly appointed by the Government: And whereas His Excellency the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, has consented to grant from the public cliest a sum equal to double of the amount of sub- scriptions contributed, provided that such grant shall not exceed the sum of Four Thousand Six Hundred Pounds Sterling: And whereas it is expedient to provide for the immediate appointment and continual succession of Trustees for the direction of the building of the said Charch, according to such plan and specification as shall have been sanctioned by His Excellency the Governor, and confirmed by Ier Majesty's Government:

Hundred Pounds,

I. It is therefore hereby enacted, by His Excellency the Go- Governor em- vernor of Hongkong, with the advice and consent of the Legislative power and sis Council, That it shall be lawful for the Governor, by Warrant under Thousand Six his hand, to authorize the issue from the Treasury of this Colony of towards building a any sum or sums, not exceeding in all Four Thousand Six Hundred Church. Pounds Sterling, to be applied under the direction of Trustees, to be appointed as hereinafter provided, to the building of a Church in Victoria; provided that no such issue shall be made until one-third of Proviso. the whole estimated cost thereof shall have been raised by subscription and lodged in the General Treasury.

Two Trustees to

Governor.

II. And it is further enacted, That before any sam or sums of money shall be issued as aforesaid, the parties subscribing shall by be elected by sub- plurality of votes elect from among themselves two persons to act as scribers and four Trustees, and such election shall take place at a meeting of the sub-nominated by the scribers, of the time and place of hobling which meeting ten days' notice shall have been previously published in the public papers of this Colony. And upon intimation being given to the Governor of the election of such two persons as aforesaid, the said Governor shall thereupon nominate, in the proportion of the Government share of the expense of the building, four other persons to act as Trustees. And the real estate in the said Church and in all lands and heredita- ments thereunto belonging shall be thereupon conveyed to the said Trustees so elected and nominated, and their successors to be elected and nominated as hereinafter provided, for ever, in trust for the purposes of the said Church.

ed to Trustees.

III. And it is further enacted, That upon the election and nomi- Papers, books, nation of Trustees as aforesaid, all deeds, books, plans, papers, and &c., to be deliver- vouchers relating to the said Church, and all and any sums of money, donations, or subscriptions, given or subscribed for the purpose aforesaid, shall be delivered over to the said Trustees.

IV. And it is further enacted, That the said Trustees so elected and Trustees to bo nominated as aforesaid shall continue to be and to actas Trustees until the elected annually. last Thursday in the month of April, One Thousand Eight Hundred and Forty-Eight. And upon such day such Trustees shall cease to have any power or authority so to act. And two persons shall be elected at a ge- neral meeting to be held on that day, and four other persons shall be no-

261

Proviso

minated by the Governor as soon as convenient thereafter to be Trustees of the said Church for the year immediately ensuing. And a fresh election and nomination of Trustees shall in like manner take place upon every last Thursday in the month of April in every year there- after, and copies of the minutes of every election or nominations Trustee which shall take place under the provisions of any clause in this Ordinance shall be transmitted without delay to the Colonial Secretary. Provided always that no person shall be elected a Trustee at any general meeting before the completion of the sail Church who shall not have paid up a subscription thereto of at least Twenty Pounds Sterling, or after its completion, who shall not be a renter of at least three sittings therein, nor any person who shall not be a member of the United Church of England and Ireland. Colonial Chaplain V. And it is further enacted, That the Colonial Chaplain for the to be ax-few time being duly appointed to the sail Church, or during his absence Chairman of Trus the Clergyman duly appointed to officiate for him, shall at all times bo ex-officio Chairman of the Trustees, but shall not have the power of voting by reason of being such Chairman except in cases where the votes of the Trustees present shall be equal.

tees.

Vacancy occa VI. And it is further enacted, That whenever any Trustee shall sioned by death, die, or shall resign, or shall leave the Colony, then in case such Trustee resignation, or re-shall have been originally elected at a general meeting, his vacancy moval of Trustees, shall be filled by some other person duly qualified in like manner as such Trustee, to be elected at a general meeting to be called for that purpose as soon as may be convenient by the continuing Trustees or And in case such Trustee shall have been the major part of them.

how to be filled.

Proviso.

originally nominated by the Governor, his vacancy shall be filled as soon as may be convenient by some other person duly qualified, to be nominated in like manner. Provided always that if such general meeting shall not be called within one mouth after the death, resigna- tion, or departure of such Trustee from the Colony, it shall be lawful for the Governor to nominate some person duly qualified as aforesaid to be a Trustee.

Sittings in Church VII. And it is further enacted, That the Trustees for the time how to be appro- being duly nominated and elected as aforesaid, or the major part of priated.

them, are hereby authorized and required to set apart, as soon as con- veniently may be after the completion of the said Church, one-third part of the whole number of sittings therein, to be appropriated, free of any charge whatever, to the use and accommodation of the poorer classes of the population; and also one pew containing not more than four sittings for the use and occupation, free from all charges, of the Clergy- man licensed to officiate n the anid Church; and the remaining sittings, after due provision shall have been made for the free accommo- dation of the Governor and his family and suite in the Chancel or elsewhere, and of the Military, shall be assigned to the Trustees for the time being and their successors for the purposes hereinafter mentioned.

Trustees to fix

Proviso.

VIII. And it is further enacted, That it shall and may be law- the rent of Sittings ful for the Trustees for the time being or the major part of them, and Annually.

they are hereby required, so soon as such partition of the Church shall have taken place as in the preceding clause mentioned, to assess and fix a rent or rate for each pew or sitting, with the exception of such pews or sittings as shall have been set apart and reserved as afore- said, and to make agreements and contracts with any person desirous And such rate or to engage the same according to such assessment. rent shall be in force for one year from the time of the assessment thereof. And at the expiration of such year the Trustees for the time being shall assess and fix a fresh rate or rent for the year immediately following. And a fresh assessment shall in like manner be made annually and every year. And the Trustees for the time being shall be at all times empowered to make agreements and con- tracts in respect of any pew or sitting which shall be vacant. Provided always that if it shall at any time appear to the Trustees or the major part of them that sneh annual assessment will be insufficient to defray the several charges and costs necessary for effecting and providing all things required by this Ordinance, it shall and may be lawful for such Trustees, or the major part of them, by eight days' previous notice in writing, affixed in some conspicuous place in the said Church, to call a general meeting, for the purpose of taking into consideration the expediency of amending and increasing such assess- ment; and if it shall appear to the majority of such meeting, not being fewer in number than twenty, that such assessment will not be sufficient to provide for all such necessary costs and charges, it shall and may be lawful for the said majority to substitute such higher assessinent, by them shall be deemed sufficient, to meet such costs and charges, and such higher rate shall thereupon become due and payable and shall continue to be charged and collected for the same period that the rate for which it is so substituted would otherwise have been in force.

IX. And it is further enacted, That every subscriber towards the Subscribers of building of the said Church to the amount of not less than Ten Pounds Ten Pounds to have Sterling shall have a right in the first instance to become a renter of a priority of choice

of Sittings. pew or sitting in preference to any other person who shall not have so subscribed; and such subscribers shall amongst themselves have priority in the choice of pews or sittings not exceeding six sittings, according to the amount of their subscriptions the subscriber to the larger amount to have the prior choice, and the choice of subscribers

to an equal amount to the determined by lot.

for

Proviso.

X. And be it further enacted, That any person having engaged Party having en- any pew or sittings, and continuing to pay rent for the same accord- gaged a Sitting not ding to the rate fixed, and also conducting himself or herself in the to be disturbed. said Church so as not wilfully or maliciously to disturb the perfor- mance of public worship, or to molest any part of the congregation attending the same, shall not be, under any pretence whatever, removed ur ejected without his or her own consent, from the occupation of such pew or sittings at all times when the said Church shall be open the performance of public Worship, the ministration of any Sacrament, or other rite or ceremony, according to the use of the United Churchi of England and Ireland. Provided nevertheless, That if any person having engaged any pew or sittings in the said Church under agree- ment to pay for the same according to the rate or rent assessed there- upon, shall suffer such rent to fall into arrear, and to continue unpaid for three months after the same shall have been demanded by the Trustees or by any person empowered by them, or the major part of them; or if any person having engaged as aforesaid any pew or sitting, shall refuse to pay for the same such increased rate of rent as the Trustees, according to the provisions hereinbefore described, shall have assessed and affixed; or if any person engaging and occupying any ench pew or sittings, and continuing to pay the rent assessed upon the same, shall, by any unsuitable noise, gesture, or deportment, wilfully and irreverently interrupt the celebration of Public Worship, or shall Person disturb- designedly and habitually disturb any part of the congregation within ing the congrega- the said Church, in all such cases it shall and may be lawful for the of his pew or sit- tion to be deprived Trustees to issue monition to every such defaulter or offender, and tings.

in case such defaulter or offender shall not forthwith pay all such arrears or shall not amend and desist from the practice so complained of, it shall be lawful for the said Trustees to convene a general meet- ing to whom it shall be competent to authorize the said Trustees to declare such pew or sittings occupied by the party complained of to be vacant.'

XI. And it is further enacted, That it shall and may be lawful Trustees autho- for the major part of the Trustees, with the previous consent of the rized to permit the Governor and with his approval of any proposed epitaph or inscrip- erection of Mon- ments with the tion, to permit any monuments to be erected or placed in such parts

consent previous of the said Church as they may deem convenient, upon payment to of the Governor. the said Trustees for the use of the said Church for such permission by the person or persons desiring to erect or place any monument in the said Church, of such charges as are contained and set forth in the Schedule hereunto annexed; and it shall be lawful for any person or persons erecting or placing any monument in the said Church, by and with such permission as aforesaid, to have and maintain and keep up such monument according to the terms of such permission, to and for the sole and separate use of the said person or persons, and his or their heirs for ever.

XII. Provided always and it is further enacted, That it shall Bodies not to be not be lawful to bury any body within the said Church or within the buried within or

near the Church. enclosed ground about the same.

XIII. And it is further enacted, That it shall be lawful for the Trustees to cut- Trustees for the time being, or the major part of them, and they are lect all dues to the hereby required to collect and gather, or cause to be collected or Church and to ap- propriate them in gathered, all sums of money which shall be due for pews or sittings payment of sala- in the said Church, and all subscriptions and donations thereunto, and ries, repairs, & c. all rents and revenues that may any time arise out of any land or hereditamente belonging to the said Church, and all fees or payments for monuments or vaults, and to apply for the said sums and to sue for the recovery of the same from all persons who shall fail or refuse to pay the same. And the said Trustees shall, out of the said sums so received or recovered, regularly pay the salaries allotted to all lay persons holding any office in or about the said Church, according to such rates and at such periods as shall be determined upon by the majority of the said Trustees, and shall apply the surplus in such repairs and such improvements of the said Church and premises as shall to them appear most expedient.

Actions to be

XIV. And it is further enacted, That it shall be lawful for the Trustees for the time being, or the major part of them, to make, or brought by and enter into, perform, and execute, and compel the performance and against Trustees. execution of all such contracts and agreements, matters and things,

and to commence and maintain all such suits and actions as they shall

262

1

deem necessary to the performance of the trust reposed in them, And all such contracts and agreements shall and may be entered into and enforced, and all such suits and actions bo brought by them, in the name of "the Trustees of the Church at Victoria," or "the Trustees of St John's Church at Victoria," as the case may require, without specifying the Christian or Surnames of the Trustees, and no action shall abate by reason of the death or removal or going out of Office of any Trustee. And all suits or actions, the cause of which shall arise or accrue to any person whatsoever, from or by reason of any contract or agreement, or any other matter or thing, made or entered into, done or performed the said Trustees in the execu- tion of the said Trust, shall be brought by such person against the said Trustees, under the name and title aforesaid.

Auditors to be XV. And it is further enacted, That one person not being a elected anually. Trustee shall be elected at a general meeting to be called by the Trus- tees immediately after the completion of the building of the said Church, to be an Auditor of the accounts rendered by the Trustees of the said building; and one other person not being a Trustee shall be nominated by the Governor to be an Auditor for the same purpose. And one person shall thereafter be elected at a general meeting on the last Thursday in every month of April to be an Auditor of the yearly accounts of the said Trustees, and one other person not being a Trustee shall be thereupon nominated by the Governor to be an Auditor for the same purpose and during the same period.

Trustees to keep

XVI. And it is further enacted, That the Trustees shall keep an annual accounts, account, wherein they shall enter all money received and paid by and to subruit them them, under and by virtue of the provisions of this Ordinance, which port at a general account the Auditors, or either of them, may inspect at all reasonable niceting every year times; and the said account, together with any report of the Auditors

with Auditor's re-

or either of them thereon, shall be laid before the general annual meetings, to be held on the last Thursday in every month of April; and the said accounts shall be thereupon published in the Official Gazette.

Trustees to call XVII. And it is further enacted, That it shall be lawful for the a general meeting Trustees for the time being or the major part of them, and they are upon receiving a hereby required to call a general meeting of the subscribers or renters requisition signed of sittings, as the case may be, within twelve days after receiving any by Twenty Sub- scribers or renters requisition in writing to that effect signed by not less than twenty of of Sittings. such subscribers or renters. And ten days notice of the time and place of holding such general meeting shall be affixed in some conspi- cuous part of the said Church when completed, or until its comple- tion in some conspicuous place or places within the town of Victoria. Who to vote at XVIII. And it is further enacted, That the right of voting at general meetings. every general meeting until the said Church shall have been reported by the proper authority to be completed and fit for use, shall be vested in subscribers who have paid up their subscriptions previous to the date of the notice to convene such general meeting, and that, from and after such time as the said Church shall have been so reported to be completed and fit for use, the right of voting shall be vested in renters of sittings in the said Church who shall have duly paid up their rent. Provided always that no such subscriber or renter of sit- tings shall on any occasion be allowed to give more than one vote.

Proviso.

No person to XIX. And it is further enacted, That no person shall be suffered

n.

read prayers or to sing or say the Common or open Prayer, or to administer the Sacra- preach except Co- ments, or to preach any sermon in the said Church, except the Co- fonial Chaplain or lonial Chaplain duly appointed to the said Church, or some Clergy- poreon officiating

man duly authorized to officiate for him. for him.

XX. And it is further enacted, That every person who shall Penalty on dis- urbing congrega. wilfully and maliciously, either within or from without the said Church, disturb the performance of public Worship therein, or in any way during such tine molest any of the congregation, shall be guilty of a misdemeanour, and be liable on conviction before the Chief Ma- gistrate of Police or any Magistrate of Police, to a Fine not exceeding One Hundred Dollars, and in default of payment to imprisonment with or without hard labour for any period not exceeding Threo Months.

J. F. DAVIS, Governor, de: &c.

the Legislative Council of Hongkong,

Eleventh Day of March, 1847.

L. D'ALMADA E CASTRO, Clerk of Councils.

SCHEDULE.

fecting a Tablot or Cenotaph in the Church not less than One Hundred

Lars nor more than One Thousand Dollars.

diAhmada fattis.

Clark

Nes5.

Miscellaneous.

k!

Copy

to Frees: 9 June

This 2 100-11 Aug,

12.

F.D

MAY 24 1847

My Lord,

862.

263

không lông Victoria, Honghong,

22nd March, 1847.

I have the honor to transmit_

for your Lordship's information. Copy of

Letter from

a.

the Post Master. at

Stoughong, laying open the proceedings

a combination to defraud.

of

of a

Government of a very large- of Postage annually. Mr. Styland

AUTOS

long.

the

Amount

without.

proof sufficient to convict the parties, but he at length. obtained. possession- of the Paper of which Senclose a copy, signed by upwards of sixty names engaging to give to

/

to Mr. Larkins, who

owns the "Corsair." Steamer, a monthly

The Right Honorable,

" The hart Spey,

Yo.

Lunit

of 800 Dollars, or

to

carry

£2000 per

their Letters; thus

defrauding the Government of a-

large- amount of postage-annually..

I have.

placed the matter in the hands of the Attorney General, who will. prosecute on account. of the_ Pet Office Department, and who will- possess abundant proof for the_ conviction of Mr. Larkins and all the

Parties

signing

nt. The

the agreement -

penalties under the Act of Parliament.

are

very

heavy.

It will be a.

Her

- point for

· Majecty's Government to decide whether the Revenue arising from- the transport of Lotters between- Aonghong and the Five Ports ought- not to be precived into the Colonial_

· reasury, in aid of the Revenues

of Hougtong (as in writer-colonial cases)

264

instead of being transmitted to the Post Office in England.

I have the honor to be, With the highest respect, Your Lordship's,

Most Obedient

Humble Servant,

7dein

the Earl Grey.

Received

T35

2 Inclosures.

Reporting

Office Revenue.

Merchants, against the Post

Steamer "Corsair' and the between the owner of the

Combination.

This is for the information

26 trag. Ind. Harel

and decisions

24. Many

Iuffore Mire is titels

of the Pearway,

denbe

Квасов все свестен

other Resseny. Bus.

mughit

this be sund tile we get

the Evidence baking befsen

with Clusia - Con the hove

witte the Reven

lary

44

I think this hand better be sent at me at the

sume myput me ingining

mart

whether the leal rates

Renny for.

Sir JJ Davis

March, 1547

Intered

7 June 10479.

265

C. Translyan Copper.

Fatranidly Mex

31.

MRB

MBStephen 3/ Raines 37 Earl Grey/

35-2.2.

Pharyng

Sir

I am directed by Earl

Grey

to transmit to you

for the consideration and terus men

decision of the

c

of the reasury

the accompan

Copy of a despatch fun the overnor of

Hong.

in th enclosures,

Kong,

Sporting

a combination

between the Iwner &

orsair

the Steams repel assis plying Reed Hong Kong, and the Serchants of those places to defrau

depand

between Pauton

the Post Office Reconne,

In submitting teese papers to the Lords monik meg the reasury I am directed

an and yes to requeri that you wad Jo suggest for thin

است

Lowrions whether

the Expediency fortitty bould not b

to institute an enquiry whether the legal rates leturen Hory Kony & Caution : postage may not be

andung hisse

since it

Appears impetrable that there would otherwise

have been so general a conspiracy to evade

Sherry

Interet

Godina

Sie S. Dains . Bart. Sie,

AUG

108.

266

11 Aug149.

I have to acknoutale the receipt of you

despald

and its 'enclounces No 35.

of the 22 Starch reportez

which

the proceeding

have been adopted

at Hong Kong to check the pands which have been

practised upon

The

Post Office Auence of that foliny,

and I am

to hausmit to you for your information

Copies

a correspondence

да

which has ensued

between this Iffice the Ifice of the Lond

Commissioners of tee Treasury upon this

saliget.

}

e

Fuas: 2 Aug"

(Copy)

267

Post-Office, Victoria,

15th March, 184.7.

As u public. Servant-, and. in. the

faithful. discharge, of my duty, I feel- compelled to bring under the special notice- of His tweellency The Governor, a

a case

which

I humbly conceive, most seriously affects

-

the interests of the Departement which. I have the hour to serve, and which, unless.

prompt. prove ruinous to the Revenue of the Post Office: In the mouth of January or February last year, the Steamer. "Corsair -"made, her-

measures are taken to check-, must

• you

appearance in this Starbour, and as are doubtless aware - commenced plying_ between this Port and Canton. With a

The Honorable,

Major (aine,

Yo

Yo

to.

both

view to afford to the community of places every facility in regard to Postal accommodation, I made what appeared to me to be a most liberal offer to the Proprieta, Captain Larkins, sigh twopence per letter

for every

letter he would undertake to convey

between

Hongkong

and

Canton, and Bree-

Captain

Vice

the

versa. To this communication

Larkins vertrally replied declining

:ffer; and as it. subrequently proved, he did not hesitate to enter into an

arrangement with the Mercantile. Firms

of Canton and Hongkong for

of

the

conveyance

 the whole of their correspondence to and fro, for a stipulated monthly Allowance to be paid by each party, or Firm - Thus

setting

the Post Office, and it's Laws at defiance, notwithstanding the warnings

he had received. Until

was not in a position to

and

as

I am

am now

very recently,

prove

I

this fact;

fully prepared to do so,

I beg respectfully to suggest.

268

that it

may

please. His heelteney to direct that the matter be handed over to the Attorney General. with

02-

a view to legal proecedings being instituted against the Offending party parties, should such course be deemed expedient.

I trust that it

May

not be considered

presumption in me to remark that I am humbly of opinion the Poet Master General might be dispored to take x lenient view had faptain. Larkins confined_

of

the

case,

himself to the conveyance of the correspondence between the two Ports upon -the arrival and departure of the Mail-

Steamers, and for which service. I

I feel confident he would have received liberal- remuneration; but to enter into a regular

written agreement for the conveyanci

twice or thrice a week

of the local correspondence, which it is well known. would- add. several Thousands a year

to the Revenue, if sent.

through the proper. channel, and bearing in mind the

very liberal

liberal offer made to the Proprieta

"

earriage of this particular correspondence, I cannot

of the

" the "Corsair " for

the

come

to

any

other conclusion than that

His Lordship would consider me

of great

dereliction.

-quilty

of duty, had. I

the matter-

failed in submitting the decision of It is hxcellency.

I have, te.

for

(Signed) Thomas Hyland-

(True Lopy)

Colonial Secretary-

(Copy)

269

The subscribers to the Steamer. "Corsair. " for bringing

and taking the Mail- and Letters to and

to and from Hongthong who wish to renew and continue their respective.

monthly subscriptions will be pleased to

present

as an

agreement..

sign.

the

Canton, 25th August 1846.

Bell. & C.: $15 for mouth for bringing up and taking down the mails. Russell &C: $20. same as tact.

Wetnine. & C.: $30- J:

Blyphant 42.24 15. Nye Parkin &C. 7.15-

Blentin Rawson & C

Maclean Fearie. & C. $15.

agreement..

J

F

It at least three times a fortnight.

Fo

F:

Frecher. & C. # 15 for bringing up and taking the mail..

R. H. Camajec. & C. 4/0 same as last- agreement. - J. N. Modey & Cr: $10 J.

Edulje. Framjee Som C. $10 8:

Fo

Nuvvervanjce. Byramjee Tackarajee filt sauce It Fr

Favid. Jascoonsons &c. $10 $

Kenned, Macgregn FC: $10 same as last xgreement.

I. MAC: $20

Jo

Firom Spay &C:$15 same as Last.

Sipley Smith & C. same as last. $10-

Holliday Wise & Co.

Jo

$10 same as last- agreement.

PS. Shepard } $8105.

P

Cowacjee. Sapoojee. Lungrana.

same as last. $10.

I save M. Bull. $10 for M. same as tact. ber: Gall $10 fr month same as lact - bilman &C. $15 same as lost. -

Fallas F-C $10 as

· Rathbones Worthington. & C. $10

before..

Houry Moul. 4 C: same as

before

P.49 Nesserwanjec Camajee. $10 same as last. agrement- Ammeroodeen and Shark Davood - same as

bofne $5.

Augustine Heard &C. $. 15 same

$15 as

• before.

Boustead + C: $10 as before.

Murrow & C: +

Henderson Nation. & C. $10 as before.

I.4. M. Rustonjec. &C. & 1/8 as before.. Carlowitz Harkort & Co

the Steamer to bring up

At Pustan &C. as bepre...

Arthur Agassiz & 10 per

the whole mail_at once and not only the marceilles portion_ -

mouth.

Hughesdm. & C. same as bofore $10 - which for the whole of the mail at once.

JM. A. Griswold same as

Francis B. Birley $10 as

before. $10

before...

John 3. Sund. + C! $10 per month-

B. Seare & Cr $10

M. Ford & C. same as before $5-

C:

Suliman Turumumat $2

Geo: Barnet same as

before $10

For Mohamed. Battoobhoy & C. same as

Pestonjec Franjec Cama- & C.: $.10

before

Sands Turner Church & Cr: $10 7. M. if 3 trips made in 14 days.

Chalmers & C. as

befne-.

Hastings & Co. One dollar per trip -

Hearjeebhoy Ardawer. &C: $5

Cawasjee Pattanjee $10 as 9. Burjorjee $5 as before.

before..

270

Jamieson How + C: as before provided. the "Coreair" perform not less

than 3 voyages to and from Canton every fortnight_

Lave Rooland &C. & 5 Three. trips

in the fintright

Bricutal. Bante as before - provided. The "Corsair " makes not less than

strips up and onon every Fortnight--

Dent & Co 207 same as last agreement. Lindsay & Co 157

Turner & ( 15$ provided, the engagement is observed

Hegan & f. 157. same as last. agreement - Macticar. +Co 15$ 9:

J?

W. & F. Gemmell & C. 157 as before. - Fletcher & f: 10$ as before.

bitt Livingston. Fl.. as bepre

Fo

Chas: Sp. Compton & Co.$15 per month on condition that the foreair." makes

M

three times an

Hior trips to fanton a week. fortnight bearing residents and unavoidable.

interruptions

Hurmusjee Franjeef 3. three-

(Tame (opy) Mani

Colonial Secretary-

I

W 36. Miscellanous.

My Lord,

271

Victoria, Hongkong,

27th March, 1817.

With Reference to

my

Despatch N.27 of 27th Sebmary, S have the hener to acknowledge the

Receipt of Your Lordships Original Despatches from 1954 of the 30t

December, 1840. to Nr 58 of the 9th January 1847.

They

came to hand on the

23rd Instant, and no

Despatches

Duplicate...

this.ilait .

were received by trés étail,

I have the hover to be, With the highest desfect,

Your Lordship's Most obedient,

Humble Servant,

The Right Honorable, The Carl Grey.

Mais

into

owner of the

Letters between

Merchants, for carrying Shamer Corsair with the

Hongking

& a

and

their

Conton, avern of 800 Folkert,

Monthly

не

sum

thereabouts.

25th August 1868.

A 35, of 1847

Malone M. 2 in Deep:

بری ملار

864 Klony King

272

Miscellaneous .

My Lord,

Victoria, Hongkong,

29th March, 1847.

When Mr Shelley made the

statement respecting Sir Thomas Cochrane and

myself.

my

in connexion with his debts, as enclosed in

Despatch Nr. 26 of February 26th, he turns to

have imagined that the Admiral was

abready out

of reach of reference: A letter however from myself! found Sir Thomas Cochrane waiting in the Straits for his successor, and the annexed extract

from his reply

is one more,

e proof,

in addition

to the testimony of the whole of the Executive

Council, of Mr Shelley's veracity, and his alleged freedom from debt.

The whole of my conversation with Mr Shelley about his debt's amounted to this __

The Right Honorable The Earl Grey,

fe,

Je,

Sir.

The

Ful

J. H Davis,

вредн

کائی بلاک

Received

9th Jennery, 1847. Despatahes to No 58

Acknowledging receipt of

that sitting talking in my

cabin, the subject of

his movements was the topic, when he stated that

he not only had not a shilling of debt, but that he had a sum in Dent's hands to his credit.

My reply

reply was,

_

was, that I was delighted to hear it _ that reports were

quite the contrary, and had

given an unfavourable opinion generally, with regard to hirn _ that I was ver

mentioned it, as it afforded

very glad he had

me an o

opportunity of

telling him that which others might not like to do, and that I strongly advised him to address

you

occasion, and

as the Governor officially, on the thus at once put down the false reports which otherwise might operate against him with reference to future public employment. He thanked me

            se for my advice, said he had heard something of the - report before, and rather led me to infer, than positively sard, that he would follow my I subsequently mentioned the purport of this conversation to you. You are most welcome to show the above to Mr Shelley

or to any

one

advice:

· else."

ever

"

273

Referring again to Mt Shelley, Pand

perfectly convinced I never stated that he had

- been the theme of our conversation; but simply and solely that I suspected you had been test into the same impressions as myself with regard to his debts, and therefore that I advised him to

address you

you."

"

I have the honor to be,

With the highest respect,

Your Lordships .

Most Obedient,

Humble Servant,

indani

Danis

1

>:.38 J Judicial.

A

-86-

And

IN: 3.

My Lord,

865 Kay Kay

274

Victoria, Hongkong,

th

29th March, 184 7.

28th.

My Despatch N° 13 of January conveyed Mr Judge Hulme's opposition to Your Lordship's orders as to the revision

of his Rules

of Court by the Legislative Council. The letter which I am now called upon by him to forward 3 to Your Lordship will not alter the impression which the former was calculated to convey of Mr Hulme's judgement and good taste

Mt Hulmes present ally, whom he

designates as a gent

ar

as a gentleman practising here as Attorney" was formerly dismissed,

from his

office in the Supreme Court, for receiving money.

under false pretences, as well as from the situation.

Coroner for improper conduct.

of b

The Right Honorable

The Earl Grey,

Je

te

do

The Earl Grey.

J. 7 Davis,

29th March, 1847.

جری میں

Received

Cochrane as

peadom from debt.

to his

Admiral bin Thomas

assertions to Rear-

Relative to Mr Shelley's

14988

gizsy

24 thay. Ed. Hawes

for the nolis on

case are

simply

The facts of the present. these . The above individual, by name Mr Swyney,

services

proceeded to the Court-house, and required the of Mr de Jesus the Interpreter, ( who is attached jointly to the Supreme Court and the Police Magistrate's Court), for the purpose of taking affidavits in a private civil suit. When the application reached the Magistracy, Mr- de Jesus was employed in interpreting before Mr. Hillier in a brown case, which is to be brought before the Admiralty Court. The sending Mr. de Jesus to the Court.-house under such circumstances would have seriously interrupted the important. proceedings then under investigation, and the Attorney General, who was there at the time, watching the case of Peracy, on being appealed to by Mr Swyney decided that the

e graver matter

should be dealt with first, und consequently the Attorney and his clients in the private suit-

could not immediately be attended to

Mr.

* Judge. Hulme, being in possession

over

275

of

than under

of Mr Swyney's petition, presented it to the Council, and the matter having been discussed in the Executing, the letter Mr Hulme encloses, was directed to be addressed to him. The Supreme Court is the heaviest expence of the Colony, and a view its official apparaties, as exhibited in the Blue Book, will prove it to be rather. furnished. A necessary economy decision of the Council as to the Interpreter, considering the Supreme Court is for months unemployed, and the Attorney-General gave it as his official opinion that the provision was sufficient.

dictated the

Mr Hulme's opposition to Your Lordships. orders as conveyed, in my former Despatch, and his present cavillings as to the act of the Executive: Council, take up my time when it is claimed by my double duties under Your Lordship and Viscount : Palmerston, the latter at the present

moment being particularly.

onerous.

In Mr Hulme's Colonial position,

it would be more respectable for heimself, and more advantageous to the public service, were he to support.

in lieu of opposing the acts of the Government in the manner adopted by him since my interference asts the Criminal Sessions. His verfations. correspondance, his contempt of the Legislative,

his

  opposition to the Executive, all impress me with the feeling that, as long as himself and his companion and inmate Mr Shelley reside at Hongkong, all imaginable obstacles will be offered to the Government.

I have the honor to be,

"With the highest respect,

Your Lordship'

Most Obedient,

Humble Servant, dans

276

24 mag. W. Hawes

Trefferse the Jr. May be mishached to acquaint her.

Valene that and Gaz finde

his interference in this case.

no defficient reasons to require

9

It appears I me that the Judge's amplaint is, on

?

The same of it, himlens, and that it is enchelthandel wording

ing

n

24, Meny _ & Iubirent think bat

thened he said. His

quite unvorting bie

poritain

write this.

"see with Mr Hawes the Judge

fu huge to

Ли

deserves a reproof.

5.25%

A 38. 3 haloswas.

The Earl Grey

Fin 87 Davis

29th March, 1847.

Fransmitting.

Reasived

Mr. M. Swysay against the

complaint preferred by a

Council, relative to a on a decision of the Executive.

Justice Hulme to the Earl Grey, a Letter from Chief

Jesus.

Intered

Si J. Dairs. Bart.

:

LINE

جور

B2 ARStephen 15

EartGrey

15

Sir

98.

277

15 June 47.

I have to acknowledge

the exceipt of your dest

W38 of the 29 March with

tion Letters

and an exutome

from SM. Hulme relative

to a decision of the Executive

Craniel of Hong Kong

on

a complaint preferred by

M. Mr Suprey of the absur from the Supreme Court

of the Hindustani interpreti you right acquaint M. Hulme (that I pirid

No sufficient

reason

to requiere my interbrence

in this case

себе

and that I

J

regret to perceive that

the

an Afficer holding prominent initiation

which he does in Hong

Kong should be to

Kong

ready

to complain of the beal

Grainment in a

matter

which appears to me to

ерредовно

have been sport satisfactivity ausumed.

I hear

I have not had these

Litters without reget. De farli

slahid

buf

thin Judge

thing admitted

were not such

Even had

of

to justify his

ho explanation

21

Aschnal to St. Mi's Tambien hörten

278 expla=

ow the subject. But this is

have given

:nalins which.

Ju

in complate and satisfactory

will communi

mmunicati a

This Perpable to h.d. Huline.

Ihnen an

Go

Saturday

279

Morh 27.5.1997.

Thane The honoura

o request that you with lay the

letter with its

whany closure before H. 8. The fovernor

in order that The Lame m

my

be

Than

forwarded the Right- Krouble the scretary for the Colonie, by

Shave the honours. Li

Your Port Had

The Houbl

Major Caine

Colomian Suntary

280

Lordtlich

281

Con Cons- Saturd

march 27th/847.

thad the honour to ady,

The Bait of 311t faut lock

the subject of the Supreme Court

I nord ful it the

my duty to lay before

our Lordships the eustood letter four the

art of Commit, in answer to a coups lamp made by Mr M. Leyney a souther

here as an Attorney of kine to live ar artais leffedamits by eaton to the absence from the Supreme Court of the Windus tour Interpreter

rability

My Lord this is not the

The

first time My boyning has had to complain aur is Mhe. Mh boynay

other fontleman who h

only

tteman who has made complains Count This Ground.

and requesting forwarded by the next Mail. 27th March, 1847.

to the address of the Carl Grey, that it may be

secretary, transmitting a letter Justice Hulme to the Colonial

Original letter from Chief

A 38 of 1847.

Incloure Not in Desp

Jorbear making

au

W. comments upon the culloted letter the simply to repent that your Lordsh will five directions

The appoint

Luck Interficcters as may be ho newsary for carrying ob Sie bein Her Majesti Lesene Count

Shave the Cousin Bobc

Any Lond Your Lordships

Most Fredient Kamble Servi

Wohnwallin Hahne

John

The Right. Huble The East pay

282

283

No 5.

founcil Room, Victoria, Houghong, 22nd March, 1847.

I have the honor to inform you,

that the Memorial_ of Mr. McSwyney.

complaining against

Mr. Antonio de Jesus,

the Sinductance and Portuguese Interpreter,

which your

Honor laid on the table at the

last meeting of the Legislative founcil held on the 18th Instant, has been duly

considered by the haecutive founcil held. this day; and I am instructed to

Honor the decision of the founcil-

to

your

on the subject...

The Interpreters who receive- salaries from the Government

The Honnable,

John Walter Stulme, reque Chief Justice,

to.

to.

Yo

Convey

it must

Spey prow the Cerk enclosing an

Original letter from Chief

Justice Hulme to the Bark

Councils,

letter f

the decision

E of the

original

of the Executive Council on the

27th March, 1847.

Mr. Antonio de Jesus., Jet the Hindustani Interpreter, by a Mr. M2 Swyney against subject of a complaint made

A 38 of 1847.

Encloure, No 2 in Selp:

attend in matters connected with the Government, the Police, and the Supreme Court, in preference to those in which- private individuals

are interested.

Mr. Melurpay

is not entitled

to call upon any Interpreter paid- by the Government, when that Officer

is in attendance at the Police.

engaged

in the examination.

parties accused

of

of criminal offences.

Should Mr. McSwyney require

Interpreter, he

the Services

of

must provide

of

an

one at the

expense

his clients; or the Magistrates

be appointed.

as

of Police may Commissioners to take Affidavits, well as the Registrar and his deputy._ The parties by attending at the_ Police to swear Affidavits before those Magistrates will then

284

have the benefit of the Interpreter's Services, without any inconvenience- to the Public Service.

I have the honor to be,

Sir

Your Most Obedient Stumble Servant

Littmada Castro.

Merk of Councils -

vagonal

Letter

from

the Cuk

of Councils to Chief Justice Hulme, conveying the decision of the Executive Council on the subject of a complaint made by a Mr Mc Lioyney against the Hindustane Interpreter, Mr. Antonis de Jesus, &c. _ forming

enclosure in Mr. Hulme's letter

to Earl Grey.

22th March, 1847.

Inatosure to 3 in Lesp: No 38, of 1847.

APR.

Legislative.

Land Brd

34 June. 47

Ansd 101-12 July 147.

RE

JUNE23 1847

100g không hông

My Lord,

Sictoria, Hongkong.

147th April 1847.

285

I have now the honor to transmit for Your Lordship's information a copy of t "Rules of Court, promulged with the sanction

the

of the Legislative Council.

In this condensed form all the

new

xxceptionable matter in the former Rules, - disallowed by Her Mypisty, has been corrected, and whatever pertion of those former Rules appeared to be the proper subject of Legislative :ther than of Rules of Court, has

enactment, ra

been omitted.

The interval beteveen tive of the

Criminal Sessions has also been reduced

sire to three months

from sex to

The Right Honerable;

The Earl Grey,

to,

40

Je

!

I have the honor to be,

With the highest respect, Your Lordships,

Most. Obedient,

Humble Servant,

Servant

о

ndais

286

Mr. Hazes.

home 27

Auf Wood Horgen?

#y

3

Davis.

Fir John Be

Entered

نگ

101.

12 Julijst:

287

BEStephen MaHomes 12 Earl Gay/2

There to acknowledge the

Mist of your Despatch

239 of the 17 Afinal en

which gove

Transmich the

arcended Rules of Conta

the Supreme Court of

Hory Hong, which bere been Juomulgeted with the Sanction of the Legislatie

I have to

Council,

acquaint you

thish Ster

Majesty has been Jelected

to affrire and confiones

these Rules,

Shave

PROCLAMATION.

WHEREAS the Commands of Her Most Gracious Majesty the Queen, have been received through the Principal Secretary of State for the Colonies, disallowing the Rules of the Supreme Court of Hongkong bearing date the 11th November, 1844, numbered from 1 to 19; the three Rules of the 13th January, 1845; the General Rule of Easter Term 1845; and the Rules of Michaelmas Term 1st November, 1845; Notice is hereby given of the same, and the said Rules of the Supreme Court are declared to be null and void, and of no effect.

GOD SAVE THE QUEEN.

Given at Victoria, Hongkong,

this 26th Day of March, 1847.

J. F. DAVIS.

By Command of His Excellency the Governor.

W. CAINE, Colonial Secretary.

SUPREME COURT OF HONGKONG,

REGULA GENERALIS.

ANNO DECIMO VICTORIÆ REGINE.

EASTER TERM, 1st MARCH, 1847.

1. SITTINGS OF THE COURT.

How many

and

to be

I. That there shall be four Terms in each year for the despatch of the civil business of the said Supreme Court, Terms, and the said terms shall be the months of January, March, when held. May, and November, and shall commence on the first, and· terminate on the last, day of the said months respectively: Provided, that whenever it shall happen that any of the said months shall cominence or end upon a Sunday, the Term shall commence on the Monday following, or end on the Saturday preceding.

Sittings at

II. That there shall be four Sittings in every year for the trial of all Civil causes and actions, and for the Nisi Prius, &c. hearing and determining of all matters of complaint under the summary jurisdiction of the said Supreme Court, as here- inafter provided; and such Sittings shall commence on the 1st day of February, the 1st day of April, the 1st day of June, and the 1st day of Deceinber, and shall terminate on the 14th day of each of such months respectively: Provided, that whenever either of the said days shall commence or end upon a Sunday, the Sittings shall com mence on the Monday following, or end on the Saturday preceding: Provided also, that if at any time it shall appear to the said Court necessary or expedient that the Court should sit for the purposes aforesaid oftener than above mentioned, it shall be lawful for the said Court so

to do, upon giving reasonable notice thereof..

III. That there shall be five Sessions in every year for Criminal Sea-

the despatch of the Criminal business of the said Supreme alons.

Court; the said Sessions to commence on the 15th day of

288

7

Sittings

Chambers.

at

Office hours

February, the 15th day of April, the 15th day of July, the 15th day of October, and the 15th day of December, in every year, and shall terminate on the last day of each of such monthe respectively: Provided, that whenever either of the said days shall happen to commence or end

upon

Sunday, the Sessions shall commence on the Monday following, or end on the Saturday preceding: Provided also, that if at any time it shall appear to the said Court necessary or expedient that an additional Criminal Session should be held at any other period, it shall be lawful for the said Court so to hold the same, upon giving reasonable notice thereof.

the

IV. That parties shall be at liberty to apply Chief Justice or other Judge of the said Supreme Court at Chambers for time to plead leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice or other Judge at Chambers, shall be by Summons, to be taken out from the Registrar's Office, which Summons shall state the names and description of the parties, and the object of the attendance, and shall signed by the Registrar or his Deputy.

V. That the Offices of the said Supreme Court shall be and holidays. open every day during term, between the hours of ten in

Commence-

the morning and four in the afternoon, and out of term, between the hours of ten in the morning and three in the afternoon, except upon Sundays, and the holidays herein- after mentioned, and the Registrar or his Deputy shall be in attendance at such Offices between the hours aforesaid

for the issuing of processes, the filing of affidavits, peti- tions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices and the holidays in the said offices shall be New Year's Day, Good Friday, Easter Monday, Her Majesty's Birthday, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas Day, and the day after.

2.-PRACTICE AND PLEADING.

VI. That all suits and actions of a common law nature. ment of actions, shall be commenced in the said Supreme Court by Sum- mons, or other process in the nature of a writ of Summons; and that at the time of issuing such writ of Summons the plaintiff shall lodge with the Registrar of the Court a short statement or abstract in writing of the cause of action, and the Registrar of the Court or his Deputy shall endorse on the back of such writ of Summons the amount of the debt or damages sought to be recovered, together Warrant to sue. with the sum due for costs; and in every suit or action which shall be hereafter commenced in the said Court, where the Plaintiff shall complain by Attorney, the Attorney of the party complaining shall, before any process is sued out to compel the appearance of any person to answer any complaint or demand, file his warrant or authority to sue, signed by the party complaining or his lawful representative or agent, with the Registrar of the said Court.

Saing out Pro-

cess.

VII. That all Civil process to be sued out of the said Supreme Court shall be issued by the Registrar thereof (for which the warrant to sue shall be his authority,) and shall be endorsed with the name and address of the Attorney or party suing out the same, and shall be dated on the day on which it is issued, and shall be made returnable by the Sheriff immediately after the service or execution thereof: Provided that no such process shall be sued out by or against the Chief Justice of the said Court, but where any demand or complaint is made by or against the said Chief Justice, the same shall be made and presented by petition to the Governor, or Officer administering the Government of Hongkong, in his Executive Council."

cases.

VII. That the common process of the said Court to Writ of sum- compel the appearance of any person to answer any com- mons to appear ordinary plaint or demand in all Civil suits and actions where in there can be no arrest of the Defendunt, shall be by writ of sumanons directed to the Sheriff of the Colony, (except where the said Sheriff is a party, and then to some fit and proper person nominated by the said Court.) requiring the sail Sheriff (or such other person) to command the Defendant, that he render to the Plaintiff the sain or matter in ques- tion, or perform that which the Plaintiff claims or demands from him; and in default thereof, to summon the Defen- dant, that he appear before the said Court within eight days after the service of the said writ, inclusive of the day of such service, to shew cause why he hath not done so. which said writ of summons shall. near as may be, be in one or other of the forms, according to the nature of the suit or action, in the Schedule hereunto annexed, marked No. 1.

Service

of

IX. That in all cases where by law there can be no arrest of the Defendant, a copy of the writ of summons Process, shall be served, either personally on the said Defendant, or by leaving the same at his dwelling-house or place of abode, or at his counting-house or place of business.

No service of X. That no service of any process, order, notice, or proceeding, or any act done in any civil suit or action, civil process on

a Sunday, shall be valid or effectual if performed on a Sunday; and all process returnable on a Sunday, or upon a holiday, shall be returned on the following day; and any act required to be done by any party in Court, at a time which would otherwise fall on a Sunday or holiday, shall be valid and effectual if done on the following day.

XI. That the Sheriff of the said Colony shall, upon the Return of pro- return day of all civil process, deliver into the Office of cess to the Re-

the Registrar of the said Court, the said process, together gistrar's office. with a return endorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the Plaintiff or Defendant, or their respective Attorneys, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same: and if the said Sheriff shall have taken from any person arrested any money or thing, for, and to the use, and on the behalf of the said Plaintiff, or any bond or obligation. by virtue of any writ Capias ad Respondendum, then the said Sheriff shall, after the expiration of the time allowed for the Defendant to appear, and in default of appearance, and being thereto required by the Plaintiff or his Attorney, deliver over to the said Plaintiff or his Attorney the said money or thing, or assign to the said Plaintiff such bond or obligation, by an endorsement to be thereon made by the said Sheriff, under his hand, which endorsement shall, as near as may be, be in the form in the Schedule hereunto annexed, marked No. 2.

XII. That the Defendant in any suit or action, upon Appearance whom service of any civil process has been made, or who of defendant to has been arrested and given bail for his appearance to be entered in the Registrar's answer any complaint or demand, shall, within eight days office; after such service or arrest, either by himself or bis Attorney, enter an appearance in a book to be kept for

that purpose by the Registrar of the said Court: Provided except where nevertheless, that any party against whom any writ of the defendant Buttons or other process may have been issued, in respect intends to admit of any claim or demand a against him, may appear personally the claim before the Court and admit the same, and the Registrar,

or other officer of the Court, shall thereupon take down in writing such his admission, and the Defendant, or some person by him duly authorized, shall sign the same, and thereupon the Court sliall forthwith pronounce judgment. XIII. That after the Defendant in any suit or action

gainst him.

a-

Service of has entered his appearance by Attorney, service of all Notices, &c., after the de- future summonses, demands, notices, and other proceedings and insp in the said suit or action, made upon the said Attorney peared by At- and in like manner upon the Attorney of the Plaintiff, or torney.

289

}

ing.

Time of Al-

or Claim.

left at his place of business, shall be valid and effectual. excepting where personal service upon either party is by any proceeding, order, or practice of the said Court specially required and provided: and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.

XIV. That in all suits and actions where the Defendant ing Declaration has entered an appearance to answer any complaint or demand, the declaration or claim of the Plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the Defendant or his Attorney, within one month after such appearance, in default whereof the Plain- tiff shall be barred from declaring or making claim; and. where the Defendant does not appear to the said process, and an appearance shall have been entered for him by the Plaintiff the declaration or claim shall be in like manner filed in the office of the Registrar within the time aforesaid: Requisites of and such declaration or claim shall correspond with the declaration.

writ of summons or other process in every material point, and shall state truly and concisely the name and descrip- tion of the party suing, and the right in which he sues; the name of the Defendant, and the right in which he is sued; the nature, extent, and grounds of the cause of action, cumplaint, or demand, and such conclusions as, according to the form of each particular suit or action, the Plaintiff shall by law be entitled to deduce therefrom; and if any argumentative or irrelevant matter be stated in the declaration or claim, the same, being shewn to the Court, shall be struck out of the declaration or clain, with or without the payment of costs, as the Court shall direct. XV. That in all cases where the Defendant has appeared or an appearance has been entered for him by the Plaintiff, he shall plead or answer within eight days next after the filing of the Plaintiff's declaration or claim, and notice thereof served on the said Defendant or his Attorney (un- less, upon application to the Court, or to the Chief Justice at Chambers, further time be granted to the Defendant for that purpose) provided due notice to plead has been given to the Defendant, and provided also that a written demand of plea has been served by the Plaintiff or bis Attorney on the opposite party after the expiration of the said eight days, and twenty-four hours have elapsed after the service of the said demand; in default whereof the Defendant shall be barred from pleading or answering thereto, and the Plaintiff shall be at liberty to sign judg Requisites of ment: and in case the said Defendant shall, within the plea.

time hereby limited, plead to the said declaration, he shut! in his plen either admit or deny, or confess and avoid, all the material facts alleged in the declaration or claim of the said Plaintiff, and shall clearly and concisely state and set forth the same; and if any argumentative or irrelevant matter be stated in the said plea, the same, being shewn to the Court, shall be struck out of the plea, with or without payment of costs, as the Court shall direct.

Time of Plead-

reply.

Within what

XVI. That the Plaintiff shall be at liberty, after the time Plaintiff to filing of the plea, answer, or demurrer of the Defendant, forthwith to reply thereto, and shall be obliged to reply or answer thereto within eight days after the filing and notice thereof, unless, upon application to the Court, or to the Chief Justice or other Julge thereof at Chambers, further time he given to him for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand of replication has been made and served by the Defendant or his Attorney, the Plaintiff shall be barred from replying or answering thereto, and the Defendant shall be at liberty to sign judgment of now, pros. Rejoinder-

XVII. That if the replication of the said Plaintit shall in what case, contain any new matter, the Defendant shall be allowed to and within rejoin to the said replication, hut not otherwise, unless with leave of the Court, or Chief Justice or other Judge thereof at Chambers, for that purpose given; and such rejoinder of the Defendant shall be filed, and notice thereof

what time.

given, within eight days after the filing and notice of the replication or answer of the Plaintiff, unless, upon appli- cation to the Court, or to the Chief Justice or other Judge thereof, further time be given for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand thereof, the Defendant shall be barred from rejoining thereto, and the Plaintiff shall be at liberty to sign judgment.

Judgment

the

XVIII. That whenever it shall happen that the Plain- tiff, by his default, shall be barred from declaring or making againet claim, and that the Dofendant, by reason of such default, plaintiff for not shall be at liberty to sign Judgment against him for not proceeding in proceeding in the said cause, such judgment shall be signed and entered in a book kept by the Registrar for that purpose and thereupon the said Defendant shall proceed

to tax the costs of the said cause against the Plaintiff.

the cause.

XIX. That whenever either party in the cause shall, Consequences

by his default, be barred from declaring or making claim, of default, and pleading, answering, replying, or rejoining, as the case how remedied, may be, the pleadings therein shall be considered as closed: Provided, however, that the party in default may, at any time before final judgment, by order of the Chief Justice or other Judge of the said Court, purge his said default, and be admitted to declare or make claim, plead, answer, reply, or rejoin, upon an affidavit of merits and other sufficient grounds, to the satisfaction of the said Chief Justice or other Judge, upon such terms as the said Chief Justice or other Judge shall impose.

Time to de-

XX. That either party may, upon application to the Chief Justice or any other Judge of the said Court at clare, or plead, Chambers, obtain time to declare, or make claim, plead, &c., how ob anawer, reply, or an order to amend the pleadings, or schedule thereto annexed respectively, upon sufficient cause shewn to the satisfaction of the said Chief Justice,

tained,

or other Judge, and upon such terms as he shall impose.

XXI. That all pleadings in any civil case shall be

Pleadings to signed by a Barrister, and filed with the Registrar of the be signed by said Court within the office hours on the day on which Counsel time the same should by practice of the said Court be filed; of filing plead-

ings. and either party in the cause may at all reasonable times search for such pleadings, and ask for and obtain copies of the same at his own expense.

XXII. That there shall be annexed to the declaration

Schedule of

tu

and pleadings, in every civil cause, a schedule of all docu- documentary ments or papers which the Plaintiff and Defendant respec- evidence to be tively propose to give in evidence upon the trial of the annexed

pleadings, said cause; and inspection and copies of all such documents and papers shall be given, if in the possession or under the control of either of the parties respectively, to the opposite party or his Attorney, upon his request, and at his expense.

XXIII. That where any proceeding in a cause has been

Setting aside irregular or improper, it shall be competent to the party proceedings for complaining of the irregularity, before taking any further irregularity. step therein, to apply to the Court, in term time, for a rule, or to take out a Summons before the Chief Justice or other Judge at Chambers, in vacation, calling upon the opposite party to shew canse why the proceeding should not be set aside for irregularity; and the Court or Judge, upon service of such rule or summons, shall make such further rule or order therein as shall seem fit.

XXIV. That where, after the written pleadings in any Setting down

suit or action are closed, and the facts therein stated being Cases for Argu- admitted, the law arising therefrom only is disputed, ment either party may set down the case for hearing in the paper of cases for argument, upon giving seven days' notice thereof to his opponent previous to the day for ar- gument; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the Parties, their Counsel, and Attorneys, four days at least before the day appointed for argument, and shall at the same time deposit with the said Registrar, for the use of

290

Setting down Causey Trial.

the Court, written statement of the matters and points of law intended to be argued.

XXV. That where, after the written pleadings in any for suit or action are closed, the facts therein stated, whether dependent upon documentary evidence or otherwise, s well as the faw applicable thereto, or the facts alone, are disputed, the Plaintiff may forthwith set down the cause in the paper of causes for trial; and for that purpose shall give a note thereof to the Registrar of the Court, contain- ing the names of the Parties, their Counsel, and Attorneys, four days at least before the day appointed for Trial: and in like manner the Defendant may set down the cause for trial, if the Plaintiff shall neglect to do term next after that in which issue is joined.

Notice of Trial.

within the

XXVI. That notice of trial shall be given by the party setting down the cause, to his opponent, seven days pre- vione to the day of trial; but where it shall be made to appear to the "Court, or to the Chief Justice or other Julge thereof at Chambers, upon the application of either party, that the witnesses in the said cause, or any of them, reside out of, or are absent from the said Colony, then it shall be lawful for the said Court, or for the said Chief Justice or other Judge, to grant such further time for the trial of the said cause as shall seem reasonable and proper. Countermand-

XXVII. That the party giving notice of trial may, at ing notice of any time before the day of trial, countermand the said notice, upon payment of the costs, if any incurred, by his giving such notice and countermand; such costs to be taxed by the Registrar.

Trial.

Witnesses- Subpiena,

Subporna incer

beer in.

Examination

bene erit.

XXVIII. That either party desiring the attendance of any person to give evidence on the trial of a cause, may take out, from the office of the Registrar of the Court, one or more writs of subpena for that purpose, each of which said writs of subpoena may contain the names of four persons; and service thereof upon any person therein named shall be made by delivering to him a copy of the said writ of subpoena, and at the same time shewing him the original, and informing him of the exigency thereof and any person being so served with a copy of the said writ of subpoena a reasonable time before the day of trial, and his reasonable expenses having been paid or tendered to him, and not having any lawful impediment, shall, on his default, be liable to be attached, fined, and imprisoned, for his contempt of the process of the Court, without pre- judice to any other claim or remedy the party aggrieved by his default may by law have against him on that account; and the said writ of subperna shall, as near as may be, be in the form in the schedule hereunto annexed, marked No. 3.

XXIX. That if any witness shall have in his possession or control, any deed, instrument, or writing, which the party requiring his attendance is desirous to give in evi- dence, then the said writ of subpona shall be in the form in the schedule hereunto annexed, marked No. 4.

XXX. That when the testimony of any witness is in of witnesses de danger of being lost before the matter to which it relates can be made the subject of judicial investigation, either party desiring his testimony may apply in term time to the Court on motion, or in vacation, upon affidavit to the Chief Justice or other Judge at Chanihers, setting forth the particular circumstances under which the same is made, that such witness may be forthwith examined de bene esse, or conditionally, either hefore the Court, or be- fore a commissioner to be appointed by the said Court for that purpose according as such witness resides near to, or at a distance from Victoria; and the said Court, or Chief Justice, or other Judge, will thereupon make such order as the justice of the ease may require.

Execution of

XXXI. That the party in whose favour any final judg Judgments & ment, decree, or sentence of the said Court, in any civil suit or action, has been pronounced or given, may, at his own risk, and without any leave for that purpose, sue ort

of the office of the Registrar of the said Court one or more writs or processes for the execution thereof: Provided, that no such writ or process shall issue against the immo- veable property of any person, to raise any sum of money, debt, or damages, by the sale thereof, (except where by sentence of the Court such immoveable property may be declared to be specially liable to sale,) until any writ or process which may have been issued against his moveable property shall be first returned, and the Court shall perceive thereby that the said person has not sufficient moveable property to satisfy the exigency of the said writ or process; or if no such writ or process shall have been issued, then, until upon motion to the said Court for that purpose made, it shall appear to the satisfaction of the said Court, that the person against whose immoveable pro- perty such writ or process is desired, has no moveable pro- perty which can be taken in execution of the sentence of the said Court, or not sufficient to satisfy the same; and no writ or process of execution shall issue for the levying and raising of any costs awarded by the said Court to any party, until the same shall have been taxed by the Regis- trar of the said Court; and for that purpose, the I'laintiff or Defendant, or Attorney of the party obtaining any appointment for taxation from the Registrar, shall give due notice to the opposite party of such appointment, in order that he may be present thereat: and the Registrar shall, in his taxation and allowances, be guided according to the practice of the Courts in England in such cases and according to the table of fees hereunto annexed; and either party, feeling aggrieved by his decision, may apply to the Court on motion, specifying the items, charges, or allowances objected to, that the said Registrar may review his taxation.

lony.

XXXII. That the judgments, decrees, and orders of Judgments, &c. the said Court, shall be carried into execution in any may be execut- district or place whatsoever within the said Colony and its ed anywhere Dependencies, where the Defendant, his goods or chattels, within the Co- may be found or be met with: Provided that no writ of Lery on de- execution against the goods, chattels, and effects of the fendant's goods Defendant, shall be executed at any time after sunset, to be made be- nor before sunrise; and if any officer or person shall tween sunrise execute any such writ after sunset, or before sunrise, such and sunset. officer or other person shall be subject and liable to a fine

of not exceeding Fifty Dollars, which shall be set by the aid Court, and enforced by distress and sale of the offen- der's goods.

Motions.

XXXIII. That all motions or special applications to the Court shall be supported by affidavits of the facts or circumstances upon which the same are made (which aff- davits shall be sworn before a Judge or Commissioner of the said Court); and that all memorials and petitions shall Memorials, &c.

be brought before the Court upon motion, and shall be delivered to the Registrar at his office the day before the same are moved in Court, and the Registrar shall make a roll thereof, and call on the same in order; and no such memorial or petition shall be sent to any Judge of the said Court, except by special permission.

Right to sue defend in

3. PROCEEDINGS IN FORMA PAUPERIS. XXXIV. That any poor person, before commencing or defending any action or suit in the said Court in his or own right, or becoming poor during the progress thereof, forma Paxpe- may apply to the Court on motion for leave to sue or ri. defend as a Pauper, which motion shall be supported by

an affidavit of the party so applying, and of two house- holders living in his neighbourhood, that he is not possessed of property to the amount of Fifty Dollars in value, ex- cepting wearing apparel and the matter or thing claimed by him in the action or suit if he be Plaintiff, and there- upon it shall be referred to a Barrister of the said Court, or such other person as the Court shall appoint, to con- sider the said case; and upon the party so applying pro

291

;

ducing a certificate signed by surk Barrister or other person, that he has considered the case of the said party, and believes him to have a good cause for action or defence, as the case may be, it shall be lawful for the said Court to grant a Rule to the party applying, calling upon the opposite party to shew causes why the applicant should not be allowed to sue or defend (as the case may be) in Jorma pauperis; and unless sufficient cause be shown against the said Rule, the same shall be made absolute.

XXXV. That if the party applying to sue or defend Appointment

Barrister as a Pauper in any case not being within the Summary and Attorney Jurisdiction of the Court, shall also pray that any Barrister to appear for or Attorney consenting thereto may be appointed to appear Pauper. for him, the Court will so order, or else will appoint a Barrister and Attorney, or other person duly authorised

of

per causes.

to act as such, to appear for the said party.

XXXVI. That fee shall be taken by any Barrister No fees to be taken in Pau- or Attorney, or Officer of the Court, from any person wmitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Bar- rister and the Attorney of the said party, and the Officers of Court, shall be entitled to, and shall receive all such fees as the Registrar of the Court shall allow to them on taxation. When privi- XXXVII. That any person having been so admitted to lege of suing or sue or defend as a Pauper, and becoming of ability during defending as a the progress of the cause, or misbehaving himself therein Pauper to cease by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same being shewn

formation.

to the Court, be deprived of all the privileges of such his admission.

4. CRIMINAL PROCEEDINGS.

Process for XXXVIII. That the process of the said Court for Summoning de- summoning the Defendant to answer any Iudictment or fendant on In- Information, and for the service of a copy of the Indiet- dietinent or In- ment or information on any Defendant therein named, shall be by writ sued out by the Registrar of the said Court, or when the prosecution is at the instance of a private party, by the Prosecutor or his Attorney, and the same shall be directed to the Sheriff of the Colony, in the form, or as near as may be, in the Schedule hereunto annexed, marked No. 5.

Notice of

tuation.

XXXIX. That the said Registrar or his Deputy in Trial on Indiet- Crown cases, or the Prosecutor or his Attorney, shall ment or Infor- endorse on, or annex to, every Indictment or Information, and every copy of any Indictment or Information, de- livered to the Sheriff for service thereof, a notice of trial; which notice shall specify the Court before which, and the particular session and time when, he will bring the Defen- dant to trial on the said Indictment or Information; and which shall be as near as may be in the form in the Schedule hereunto annexed, marked No. 6.

riff,

Prosecutor to XL. That the said Registrar or his Deputy, or the Pro- deliver to She-secutor or his Attorney, shall deliver, or cause to be Process, delivered to the Sheriff, [together with the process of the copy of Indict Court for summoning the Defendant] a copy of the In- ment or Infor- dictment or Information, with notice of trial endorsed on mation, and no. tice of Trial. the same or annexed thereto; and if there are more De-

Time

and

fendants than one, then as many copies and notices as there are Defendants; and if the prosecution be at the instance of any private party, the Prosecutor shall also at the same time pay to the said Sheriff his lawful costs and charges for serving the same.

XLI. That the Sheriff shall, as soon as may be after mode of Sum- baving received a copy or copies of the Indictment or In- moning defend- formation, and notice or notices of trial, and the process of ant on Indict the Court for serving the same, and ten days at least ment or Infor- before the day therein specified for trial of the said De- fendant or Defendants, by himself, or his Deputy, or other Officer, deliver to the said Defendant or Defendants the said copy or copies, or notice or notices, and explain to

mation.

him, her, or them, the nature and exigency thereof; and when the said Defendant or Defendants, or any or either of them, cannot be found, he shall leave a copy or copies of the said Indictment or Information, and notice or no- tices of trial, with some one of his, her, or their household, for him, her, or them, at his, her, or their dwelling-house, or with some one of his, her, or their clerks, for him, her,

or them, at his, her, or their counting-house or place of business; and if none such can be found, shall affix the said copy or copies, and notice or notices, to the outer or principal door of the said dwelling-house or houses.

XII. That the Officer serving the copy or copies of Return of ser- the said Indictment or Information, and notice or notices, vice of copy of shall forthwith transmit to the Registrar of the Court a Indictment, &c. copy of the return of the mode of service of the said Indictment or Information endorsed on the writ or process

for serving the same.

dant thereon.

XLIII. That when it shall appear by the endorsement Proceedings made on the writ or process by the officer executing the on non-appear- same, that the copy or copies of the Indictment or Infor- ance of defen- mation, and notice or notices of trial, have been duly served in manner herein before provided, and the Defendant or Defendants, on being thrice called on the day appointed for the said trial, does, or do not appear, it shall be competent for the Prosecutor to move the Court, if the Defendant or Defendants have been admitted to Bail, that he, she, or they, and his, her, or their sureties, may be called upon their recognizance or recognizances, and in default of his, ber, or their appearance, that the same may be estreated; and it shall also be competent for the Pro- secutor to apply to any Judge of the said Court for his warrant for the apprehension of the said Defendant or Defendants.

XLIV. That the Prosecutor or his Attorney, having Proceedings given notice of trial, shall not appear in Court to prosecute on non-appear- or prefer the said Indictment or Information before the ance of prose- close of the session of that Court before which he gave cutor after no- notice for trial, it shall be competent for the Defendant or tice of Trial Defendants to move the Court to discharge him, her, or them therefrom; and when the said Defendant or Defend- ants, or any other on his, her, or their behalf, has or have been bound by recognizance for the appearance of the said Defendant or Defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and where the Indictment or Information is at the instance of a private party, it shall also be competent to the Defendant or Defendants to move the Court that the said private Prosecutor or Prosecutrix and his or her sureties shall be called on their recognizance, and in default of his or her appearance, that the same may be estreated.

Process for

minal cases.

XLV. That the Subpoena or process of the Court for procuring the attendance of any person before the said procuring at Court to give evidence in any criminal case, shall be sued tendance of wit- out of the Registrar's Office by the Registrar thereof, or, Deases on cri- where the prosecution is at the instance of a private party, by the Prosecutor or bis Atteruey, or by the Defendant or Defendants, or his, her, or their Attorney; and the same shall be delivered to the Sheriff at his Office, for execution thereof, together with so many copies of the Subpoena as there are persons to be served therewith.

XLVI. That the names of four Witnesses may be inserted in one Subpana, and they shall be described witnesses in one therein with such certainty that the summoning Officer Subpoena. may be able readily to find them; and the form of the said Subpoena shall, as near as may be, be according to the like form established in the said Court in and for civil cases.

XLVII. That when the prosecution is at the instance

How many

Private pro-

of a private person, he or she, or some one on his or her secutor to pay behalf, shall, at the time of delivering the said Subpoena and Sheriff's easts copies thereof, also pay to the Sheriff his lawful costs and together with charges for executing the same, together with such further expenses. sim or sums of money as the said private party intends the

292

Service Subpœna

Information.

of

said Sheriff to give or tender to the said Witnesses respectively for their travelling expenses.

XLVIII. That service of any Subpoena upon any person therein named to give evidence, shall be made by deliver- ing him or her, or by leaving with some one of his or her household for him or her at his or her dwelling- house, or with some one of his or her Clerks at his or her counting-house or place of business, when he or she cannot be found, a copy of the said Subpend, and the summoning Officer shall at the same time shew him or her, or the person with whom the copy is left, the original, and shall inform him or her of the exigency thereof; and the said officer shall in all cases endorse on, or annex to, the original, a return of the manner of his execution thereof, and shall transmit the same to the Registrar of the Court.

Pleading to XLIX. That the Prisoner or Prisoners to be tried upon Indictment or any Indictment or Information shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order; and the Indictment or Information shall be reak over to him, her, or them, by the Registrar or other Officer of the Court, and explained, if need be, by that officer, or the Interpreter of the Court; and such Prisoner or Prisoners shall be required to plead instantly thereto; unless where the Prisoner or Prisoners is or are entitled to service of a copy of the Indictment or Information, he, she, or they, shall object to the want of such service, and the Court shall find that he, she, or they, las or have not been duly served therewith.

Fees,

5.- FEES.

L. That in all matters and proceedings in the said Supreme Court, the Fees specified in the Schedule hereunto annexed, marked No. 7, shall be the lawful Fees to be taken and allowed in the said Court (other than in pro- ceedings under the Summary Jurisdiction thereof) unless and until it shall be otherwise ordered and directed by and with the sanction of the Legislative Council. And all Fees received by the Registrar, as well as those received by the inferior officers of the Court, shall be accounted for quarterly by them respectively to the Colonial Treasury. BY THE COURT,

ROBERT DENDAS CAY, Registrar.

Passed the Legislative Council of Hongkong,

this Eleventh Day of March, 1847.

L. D'ALMADA E CASTRO,

Clerk of Councils.

done thereupon. And we hereby require the Defendant to take notice, that in default of his so appearing, the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thereon to Judgment and Execution.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria,

G. H.

the

in the

Street, Victoria,

Plaintiff's Attorney,

for if the Plaintiff sue in person)

A. B. of

Plaintiff.

Street, Victoria,

T

Magift

Form of Writ of Summons in Actions on Bills, and Notes, and ather Written Instruments, of a like nature.

Writ of Sum

VICTORIA by the Grace of God of the United Kingdom of Great

Britain and Ireland Queen, Defender of the Faith, to the Sheriff mons on Bills.. of the Colony of Hongkong, or his lawful Deputy, Greeting: Sec. 8. Command C. D. of

Street, Victoria,

or signed by

that justly and without delay he render to A. B. the sum of Dollars, of good and lawful money current in the said Colony, which he owes to the said A. B., upon and by virtue of a certain proinissory note (or other instrument, describing it) bearing date the

day of

in the year of our Lord

signed by the said C. D., and endorsed by the said C. D., (as the case may be together with the interest thereon from the

day of

as it is said; and unless he shall do so, then summon the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria, within eight days after the Service hereof, inclusive of the day of such Service, at ten o'clock in the forenoon, to ehew wherefore he hath not done it, and serve on the said C. D., a copy of the said promissory note for other docu- inent, &c.,) whereon the said action or claim is founded; and, imme- diately after the Service hereof, return you there this Writ of Sum- mons, with whatsoever you have done thereupon. And we hereby require the Defendant to take notice that in default of his so appearing the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thereon to judgment and

execution.

G. H.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria, the

day of Year of our Reign.

in the

No.

Street, Victoria,

Plaintiff's Attorney,

for if the Plaintif sue in person)

A. B. of

Plaintiff.

No. 2.

Assignment of Bail-Bond.

I the within named Sheriff, at the request of A. B., the Plaintiff

Assignment of

within named, horoby assign to him the said A. B., the within Bail- Bau-Bond, Sec. 11. bond, and all the benefit and advantage arising therefrom.

In witness whereof I have hereunto set my hand

Writ of Sum-

mons, Sec. &

SCHEDULES.

No. 1.

Furm of Writ of Summons in Ordinary cases.

VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting:-- Command C. D. of

Street, Victoria, Merchant (or ar the case may be) that justly and without delay he render to A. B. the surn of

Dollars of good and lawful money current in the

id Colony, which he owes to and unjustly detains from him, (or "perform that which the Plaintiff claims or demands to be per- formed, or "satisfy the damages" which the Plaintiff necks, as the case may be, stating shortly and distinctly the nature and cause of the action or complaint, as it is said; and unless he shall do so, then Bummon the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within Eight days after the service hereof, inclusive of the day of such service, at Ten o'clock in the forenoon, to shew where- fore he hath not done it; and, immediately after the service hereof, return you there this Writ of Summons, with whatever you have

this

day of

in the year of our Lord

C. G. H.-Sheriff.

No. 3.

Subpoena.

VICTORIA, by the Grace of God of the United Kingdom of Great Subpena, Bee. 28.

Britain and Ireland Queen, Defender of the Faith, to G. H., 1. K., L. M., and N. O., Greeting:-

We command you, that, laying aside all and singular business and excuses, you, and overy of you, be and appear in your proper persons before our Chief Justice of the Supreme Court of our Colony of

day of Hongkong, at Victoria, on the

at ten of the clock in the forenoon of the same day, to testify all and singular those things which you, or either of you, know, in a certain cause now depending in our said Supreme Court at Victoria, between A. B. Plaintiff, and C. D. Defendant; wherein the said A. B., complains, &c., for claims, e, stating shortly the nature of the action,) on the part of the Paintiff, (or Defendant ;)

293

1

1

and this you, or any of you, shall by no means omit, under the penalty upon each of you of One Hundred Dollars.

G. H.

Witness the Honourable John Walter Hulme, Esquire,

Our Chief Justice of our said Colony at Victoria, the

day of Year of our Reign.

in the

No.

Street, Victoria,

Plaintiff's Attorney,

(or if the Plaintiff sue in person)

A. B. of

Plaintiff.

No. 7.

COURT FEES.

For filing or entering Plaint, or Statement of Cause of Action, Writ of Suminons, each Defendant,

For filing every Affidavit of Debt, where the Sum sworn to shall not exceed

$100,

$ 1.00

1.00

ཟ་་

...

2.00

Writ of Capias,

Do, do, do, where the Sum sworn to shall exceed $100, for every $100 or

Fractional Part thereof, beyond the first $100.

1,00

2.00

Alias or Pluries do.,

2,00

Filing and entering every Appearance,

1.00

Filing and entering Declaration, where the Reat Amount claimed shall not

exceed $100.

2.00

1.00

No..

Subpana Duces Tecum.

Bubpoena duces VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to G. H., 1. K., L. M., and N. O., Greeting:-

tecum, Sec. 29.

We command you, that laying aside all and singular business and excuses, you and every of you, be and appear in your proper persona before our Chief Justice of our Supreme Court of our Colony of Hongkong, at Victoria, on the

day of at ten of the clock in the forenoon of the same day; and also that you bring with you and produce at the time and place aforesaid, a certain deed, or instrument in writing, bearing the date, &c., (describing the document to be produced) then and there to testify and shew all and singular those things which you, or any or either of you, know concerning a certain cause now depending in our said Supreme Court at Victoria, between A, B. Plaintiff and C. D. Defendant, wherein the said A. B. complains, &c., (or claims, &c., stating shortly the nature of the action) on the part of the Plaintiff (or Defendant) and this you, or any of you, shall by no means omit, under the penalty upon each of you of One Hundred Dollars.

G. H.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria, the

day of Year of our Reign.

in the

No.

Street, Victoria,

Plaintiff's Attorney,

for, if the Plaintiff sue in person)

A. B. of

Plaintiff.

No. 5.

For every $100 or Fractional Part thereof, after the first $100,

In all Ejectments, and in all Actions and Proceedings where the Property sought to be recovered shall consist of Landis or Houses, or both, the Charge on filing or entering Declaration shall be one per cent upon the Valuation at which the same is assessed by Government.

In all Actions or Proceedings brought for the recovery of a Specifle Personal Chattel, or for Damages done thereto, or for conversion of the same, the Charge for filing and entering Declaration shall be 1 per cent un the value of the Chattel, and 1 per cent on the Damage laid in the Declaration. Registrar's Certificate of Declaration being filed,

For Subpoena, each Witness,

1.00

For filing and entering every Plea, Demurrer, Joinder in Demurrer, Repli-

cation, Rejoinder, or other Pleading,

1,00

For filing any Documents or Affidavits not otherwise charged,

0.50

For the Pleadings when Issue is joined, in fact or in Law or both,-One Fee of 2.00

NOTE. This Fee is to be collected on siguing the Writ of Trial, or on

passing the Record, or otherwise on the taxing of Costs.

1,00

For signing the Jury Process, and passing and sealing the Record of Nisi

Prius,

2.00

Nors-Venire and Distringas included in this.

For striking and reducing a Special Jury,...

5.00

For entering an interlocutory Judgment, where no Pleading Fee of $2 has

been previously payable,

1.50

For entering a Final Judgment,

2.00

For entering a Judgment of Non Pros..

1.50

For every Satisfaction acknowledged upon Record,

1,50

For entering an Auditá Querela,

1.50

2.00

1.00

For calling same,

0.50

For administering every Oath, in Court or Chambers,

0.50

For reading every Exhibit, Document, or Paper produced in Evidence, unless

the Court or Judge shall at the time direct a larger Sum to be paid,

0.50

For every Judgment or Decree pronounced by the Court or Judge, where the

Amount recovered does not exceed $100,

2.00

For every $100 or Fractional Part thereof above the first $100,

1.00

For entering such Judgment or Decree.

1.00

For taxing Costs where the Bill does not exceed $100,

2.00

For every $100 or Fractional Part thereof above the first $100,

1.00

For every Report or Determination of the Registrar, on Special Reference

from the Court,

5.00

...

For every Examination before the Registrar, viva voce, or on Written Inter.

rogatories,

5.00

For settling every Bond, as Security for Costs,

3,00

For all Writs of Execution,

5.00

1.00

For exemplifying a Record,

For entering every Cause for Trial,

Process for Sum- moning Defendant on Indictment, de. Sec. 38

Process for Summoning Defendant on Indictment or Information.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting:- We command you, that you summon (the Defendant or Defendante, following the description in the Indictment or information, that he (she, or they) appear before our Supreme Court of the said Colony, at the session of the said Court, to be holden in and for the said Colony, at Victoria, on the

day of

next, and following days, there to answer to a certain Indictment or Information preferred, or to be preferred, filed, or to be filed, against him, (her or thern) by our Attorney-General in our behalf, (or when the Prosecution is at the instance of a private party or private parties, describing the Prosecutor or Prosecutors as in the Indictment or In- formation) and not to depart until he (she, or they) be discharged in due course of law;-and serve upon the said Defendant (or upon each of the said Defendants) a copy of the said Indictment or In- formation, and the notice of Trial endorsed on the same, or annexed thereto, and return on that day to the Registrar of the Court this writ, with whatsoever you have done thereupon.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria,

the

day of

in the year of our Lord

For every Writ not otherwise charged,

For every Copy of Declaration or other Pleading, or any other Document, Paper, or Proceeding in Court not otherwise charged, in all Matters, per Folio,

For Registrar or Clerk examining or attesting and certifying same, in all

matters,

For every Attachment for Contempt, in the Presence of the Court or otherwise,

or Disobedience of Rule or Order of Court,

For all Interrogatories and Answers filed thereto, in pursuance thereof,-per

Folio,

For every Commission to examine or swear Witnesses, each Witness,..

For every Search in the Registrar's Office.

For every Rule or Order of Court, including sealing,

...

0.50

1,00

1.00

0.50

1.00

0.50

For every Judge's Summons,

1.00

...

1,00

Filing Notice of Motion,

0.50

...

For every Attendance by Registrar, or other Person appointed by the Court (within the Limits of Victoria) to take Affidavits, administer Oaths, or transact other Business, exclusive of Expenses,

1.00

Beyond the Limits of Victoria,exclusive of Expenses,

2.00

Attendance as Commissioners to take Interrogatories,per Diem,...

5.00

Attendance at the Judge's House, at the request of a Party,

2.00

Special Case for the Opinion of the Court,

1.00

Demurrer and other Paper Books,

1.00

Exhibit to which Judge's Signature is required,

0.50

Certificate on Nisi Prius Record,

1.00

No. 6.

Notice of Trial,

&c., Bec. 39.

C. D.

Notice of Trial of Indictment or Information.

Take notice, that you will be tried on this Indictment (or Informa- tion, or on the Indictment or Information whereof this is a True

Copy) at the Criminal Sessione of the Supreme Court, to be holden

at Victoria, in and for the Colony of Hongkong, on the

day of

294

Escape Warrant,

Warrant to apprehend an Insolvent,

2.00

ATTORNEY'S FEES.

For every Receipt granted by the Registrar, when demanded, For affixing the Seal of the Court to any Process during Court Hours, ...

After Court Hours, For every Transcript of Record, where the same shall not exceed 50 Folics, Each Folio beyond 50 Folios,

ECCLESIASTICAL FEES.

BY THE PROCTORS,

For drawing and copying Affidavit, Petition, and other Documents, Attend-

ances, &c., the same Fees as in Actions at Law.

3.00

0.50

1.IN

Writing Letter for Payment of Debt, Service and Copy,

1.00

1.00

2.00

Instructions to Sue or Defend,

2,00

50.00

Warrant to Sue or Defend, ...

0.80

1.00

Summons and attending to Issue,

3.00

Copy for and service on each Defendant,

1.50

Searching for, or entering Appearance,

--

1.00

Drawing Pleadings, Statements, Accounts for Clients, Petitions, Cases, Affidavits, Proceedings in Court, Bill of Costa, Briefs, &c., &c., for the

first Folio, ...

1.00

---

Every subsequent Folio,

0.50

BY THE REGISTRAR.

Fur every Citation,

For filing and entering Petition for Probate or Letters of Administration, &c., Swearing Petitioner to the Truth of Petition,

1.00

1.00

...

For every Caveat filed,

1.00

For every Commission of Appraisement,

1,00

For filing and entering Bond by Administrator,

For granting Probate or Letters of Administration,

1.00

5,00

Fair Copy of the like and all other Documents, per Folio,

Engrossing the like, per Folio,

Drawing and Copy particulars of Demand,

Attending to deliver same,

Drawing Rule to Plead,...

Demand of Plea,

Copy and Service, ...

Notice of Trial,

Copy and Service,...

Entering Issue on Roll,

Attending thereon

0.25

0.25

1.50

1.00

1,00

0.50

1.00

0.50

1.00

1.00

1.00

For every order of Court or Judge,

Every Exemplification of Will,-per Folio,

Swearing Party to the Truth of Account or Inventory,

For every subsequent $100 or Fractional Part thereof,

For every Certificate by the Registrar or other Officer of Accounts and In-

ventories being filed, where the Sum realised shall amount to $200,

2.00

Warrant and. Docket,.

1,50

Attending to pass Record,

1.00

2.00

Copy particulars to annex to Record,

1.00

1.00

1.00

Venire and Attending to Issue, ... Distringas

1.50

do.

2.00

1.00

Attending for Return,

3.00

NOTE-No Fees payable where the Estate

...

1.00

Attending to enter Cause for Trial,...

1,00

sworn to be under $200.

1.00

Drawing Subpoena,

Copy and Service (each Witness,)

1.00

SHERIFF'S FEES.

4.00

Instructions for Brief,

For releasing Property taken in Execution at the desire of Plaintiff, For drawing and taking Bail Bond where only one Defendant, ... Where more than one,-each Defundant,

For Service of every Writ of Sammons, Subpoena, Citation, or Order, For every Arrest on Civil Process,

For discharging every Defendant by desire of Plaintiff,

Attending Counsel in Court, cause not tried,

9.00

Do.

do.

1.00

cause tried,

6.00

2.50

...

5.00

Drawing and Engrossing Postea,

0.50

Entering Interlocutory Judgment,

1,50

Do.

5,00

2.00

Final Judgment, Attending thereon,

2.00

1,00

For conveying Defendant to Gaol from Place of Arrest,-per Mile, For every Arrest or Seizure in Execution, 5 per cent to be charged on the

1.00

Attending to deliver Bill of Costa,

1.00

Notice to Tax Copy and Service,

1.50

0.50

For filing Bait Bond,

For receiving Money upon Deposit, and paying same into Court,

first $500; and 24 per cent on every $100 or Fractional Part thereof above $300.

Attending to Tax,

2.00

Attending Counsel, when necessary,

2,00

Do.

2.00

For Assignment of Bail or other Bond,

Officers of Court, Sheriff or Deputy, where not otherwise charged, 1.00 Do. Court or Judge at Chambers in support of or opposition to motion,

summons, &c., &c., where no Counsel employed,

4.00

1.00

For each Action after the first,

Searching Office for Detainers,

Do.

For Return to any Writ of Habeas Corpus,-if one Action,

For each Mau left in possession, if boarded, per diem,

Do. do. if Counsel employed,

2,00

1.50

3.00

114

1.00

Attending Court on motion by Counsel including notice and motion paper to

Registrar,

2.00

***

Do.

do.

6.50

and conducting the trial of any suit, action, or prosecution (if no Counsel employed,)

12.00

Do.

Not boarded,

On Write of Inquiry.

1.00

Do.

before arbitrator at per hour,

3.00

1,50

Do.

Client in Solicitor's office, when necessary....

1.00

Do. the like out of office at Client's request in writing within the limits

of Victoria,...

2.00

On lodging Writ for entering Cause and Warrant for summoning Jury, Sheriff for presiding,

4.00

Beyond these limita,...

1,00

...

Bailiff for suininoning Jury and Attendance in Court,

If Inquiry held at Office of Sheriff.

For drawing and engrossing Inquisition,-per Folio,

For returning Inquisition,

Suonions for Attendance of Witness,

la Replevin.

For every Replevin Bond, where the Value of the Property replevined shall

not exceed $100,

2.00

Precept to Bailiff,

Notice for Service on Defendant,

For every $100 or Fractional Part thereof above the first $100,

Bailift for summoning Parties and delivering Goods to Tenant,

1.00

+4

1.00

0.50

2.00

10.00

1.00

For every necessary letter written upon matters in dispute between the parties,

including copy to be kept by Attorney, Discharge to Sheriff, including service and copy,

1.00

TIT

1.00

5.00

0,50

---

1.00

...

Notices of all proceedings by Attorney, &c., on opponent, including copy to

keep, Service of do., ...

་་་་

1.00

0.50

1.00

Feo to cach Attorney or Agent, when a cause is settled without going to trial, 1,50

Jury Process.

Do. to special, ...

The like for special Jury,

For return to common venire,

The like on Distringas or Habeas Corpus for common Jury,

1.00

2.00

9.00

4.00

The like with a view,

For each Warant to Hailiff to summon special Juror and service, Sheriff' attending in Court,

For each Warrant to Bailiff to summon common Juror and service, For attendance naming special Jury,

...

...

5.00

0,50

10.00

1.00

5.00

да

Master

Clerk of Councils.

295

1

D40. Legislative

J

1000 không đông

296

W My Lord,

Ordename to Land Br 2 Jemy.

Copy to Law Officers 31 July (47.

Lptop b-811

my

REVERS JURE!

1847

Victoria, Hongkong,

19th April, 1867.

I have the hener to transmit

herewith a certified copy of Ordinance No 3 of 1877, entitled "An Ordinance for the prevention of Peracy."

My previous correspondence will

--

have demonstrated the extent of the evils attending the general system of marauding along the coast, and the late atrocious attacks on the Caroline and Omega schooners to the north of Amoy, called still louder for remedies . With reference to the last, a trial for piracy is about to take place before the Admiralty Commission. The assent

4 of the Chinese

The Right Honorable,

The Carl

Je,

Grey

Jo!

ma coure in

Despatch

Rp 39 of 1847

Easter Term, 1st March, 1847.

Anno Decimo Victoria Regina

Regula Generalis.

Hongkong. Supreme Court of

minister; on which the present Ordinance is partly grounded, was expressed in Enclosure N5

of my Despatch to Lord. Aberdeen N 36 of 1845. The total inability of the & Government to repress Piracy might

of necessity, independently

Chinese .

have created a case

of this recorded acquiescence.

The

     mere possession of certain weapons of offence called fire-pots, whose only object is to set vessels on fire, has been made -a-proof of a piratical vessel, as well as the possession of arms without a license. The

registry and numbering of all vessels belonging

a further check

to this Colony will serve as a

on

unlawful pursuits.

I have the honor to be

"With the highest, respect, Your Lordships,

Most. Obedient,

Humble Servant

Davis

297

Mr. Hawes.

I presume that the ordinary course should be adopted of referring this messure are, so far. Ordinance to Meft: Wood, & Rogers. Perhaps after their report has seen received it might be advisable to enquire of the Admit! dept can form and opinion, expropiate for the occasion Whether the previsions of the

23. June.

ABB-23 June/45

ޔ

that

Lud key

To the Commissionen

bary recade

2

-

Jose Wh

story

perts firacy

9.24

1161. H. Kong.

BH

The Earl Grey.

Sir J. H Davis

19th April, 1847.

1 Inalosures.

No 40.

Praeived

Transmitting copy of, and

reporting on,

Ordinance

"f Pirnay." -

No 3 of 1847, entitled "An

"Ordinance for the prevention

Intered

The Queens Advocate.

and similar Letter

to the Attorney and to Sir, the Solicitor Generals.

Br

27

ho 40-.

447.

298

31. July 1849.

I have the honor to

hausmiet to

you herewith

Earl Grey

by direction of The accompanying copy of a despatch from the Governor of Hong Kong Enclosing

да

a certified copy

au Ordinance paped

by himself with the

advice

of the Legislative of that Alany

Councel

7

on the 25

57

March lash

Cutitled "the Ordin

auce

" for die precention of Bracy "

I am also to exclose, for

Conorinence f

reference,

A copy of the document

laid before the Each of Aludeer in the 1845 to which Sied

Dairs advects in the

accompanying despatet as affording

ein dence of the consent of the Chinese Government to the adeption bythe Clerical Authorities

at Stong Kong of Measures pu the supper. in

Low Grey

1 Piracy.

299

directs me to request

that.

& you

these papers

would tatte

into yo

to your

Consideration and in

Compunction

with Mr.

Aterrey, and Merschianton General report to this Lowship your

peicion

whathen it is competent

to the Legislature

Hong Kong to pap

such a Law as the

present the operation of which is direct & against subjects you

Foreign beyond the Territorial

Paser when

Limits of a British Colbay,

y

I have

Greina

Savin

Ii Icha Dairs. Bart. Sir,

Amanglalin AFStephen

lawes

Larl Grey

1847 SHP

119.

9 Sept 74.

300

I have received and

laid before the Zircon aw

Forsiance paped by yourself and the Legislative fouisial

7 Hong Kong on the 2 === of March last entitled " In Romance further prevention

of Piracy

"/

the transcright

which was enclosed in

your despatch of the 19 Spil 1847, No 40

*

As the enactment

of this bromance is not within the limits of the

pouces grapted by Carliament and by thre Queen to the beal

Lajislature The Majesty

is under

the necepity

of disa loving it.

Pradas

It is ensuturmally wident that in the machment of this Ordinance the Legislature of Anghong

have assured to the

by

sob a power which does not belong & there. The powers of that degislabire an defend lay thin Act of Parliament, and by Royal Commission by which et

in constituched. But wither

of

Uhose desânment's authorizes that Baby & impart to British linger

301

this right of branding, salvring and searching dragen tesels or this right of detuning that sh. be proof of Piracy or the sight to determine What Flags #t such bessels shall bear, this right of rendering such Wessels liable to forfeiture, or die right to Legislati sexfucking

which

any

Then.

These

are

on

ollier manner.

high powers

Parliant, has reserved to.

itself or far as the exercise of

во

by Parliam. is

inch powers Even Compatible with the Law of Rations.

can make

A Colonial Legislature Laws binding only within the limits of the Colony weefling safting is for as Parliament mag Wessly enlarged the range of th authority.

have

For these reasons H. M. in pleased to disallow this Ordinan

I have gen

in ack

HONGKONG,

ANNO DECIMO VICTORIÆ REGINÆ.

Excellency

No. 3 of 1847.

Sir JOHN

BY His and Commander-in-Chief dencies, and Vice-Admiral Chief Superintendent

Advice of the

and

with

the

AN

ORDINANCE

WHEREAS

Imperial

of

it

of

the

of the

of

the

Legislative

FRANCIS

Colony

same,

Trade

and

its Depen-

DAVIS, Baronet, Governor of Hongkong Her Majesty's Plenipotentiary

British Subjects

of

Council

FOR THE PREVENTION

has

become

Piracies;

has

necessary

whereas

disavowed

the prevention

Commissioner

people of his

any necessary measures

putting

longing

to

the

to

time assented

of Hongkong

ment

passing

of war

of this

I.

Be

it

or

or

Colony,

officer

board

being

for

of Hongkong.

OF

PIRACY.

[25th

in China,

March, 1847.]

adopt further

flis Excellency

steps for

the Chinese

private vessels be-

to

and

the

right

of

to

carry

fire

armis,

on

the

part

of

piracy:

That

Nation

down

ordained,

therefore enacted and

Ordinance the Captain

vessel duly authorized every Magistrate

other

or

officer

or Officers

by

from

and

at the

same

the Govern.

and

Title.

Preamble.

after the Authority to search

of every British ship Chinese Vessels or

Junks. the Government of this of Police, Harbour-Master or hereby authorized to or Junk reasonably suspected of sapie.

of the Harbour-Master's Department,

enter

and

a piratical

every

Chinese Vessel

and

search

are

302

I

be

Chinese

II.

And

by

any

to

be

And

be

of the

deemed

offensive

III.

vessel,

the it further enacted Vessel whatever, weapons called

fire

and

ordained,

(not

being

pots

or stink

a piratical Vessel. it further enacted

and ordained,

That

pots

shall

That

pota, to be deemed

piratical Vessels.

the possession, Chinese Vessels a Government Vessel) having on board be held and pre pot or stink the possession Chinese Vessels a Government Vessel) of carrying offensive and deemed to be proof able to forfeiture.

contents shall be for- such Chinese vessel was duly weapons hereinafter mentioned.

proof of Chinese Vessel whatever (not being any offensive arms of a piratical Vessel,

by

any

feited;

licensed

IV.

unless

to

ral, under

or weapons

it

shall

carry

such

be

it

And

and

and

be

shall such Vessel appear

arms

or

that

further enacted large Fast-boats,

by virtue

of

held

with

as

its

and ordained, That

and

arma or weapons

Proviso,

all trading Trading Junks,

other Vessels belonging to Lorchas, large fast and licensed the Registrar-Gene-boats, &c. duly re- gistered, to carry a

the provisions

Junks, Lorchas, Hongkong, being duly registered intituled "An Ordinance "to establish a more effectual

the Population

" and

and

the

may

census

carry

numbers

centre

of

of

the

same

to

flag

repeal

by

of Ordinance

Ordinance Registry

of

of

No.

No.

7

18

of

of 1846, Hag

1844, and

the Chinese Inhabitants,

the Island

of Hongkong," shall

Registrar-Gene-

as other British Merchant vessels with ral authorized to of their Register inscribed large white figures

said flag,

the the Registrar-General

so

as

to

in

at

be distinguishable

to grant

shall

in the grant such flag.

Lorchas,large Fast-

a distance. And Trading Junks, flag as boats, &c. not duly or registered, carry-

such

the aforesaid flag

is hereby authorized aforesaid: And every trading Junk, Lorcha, Large Fast-boat, other vessel belonging as aforesaid which without being duly registered and licensed

the ownor

feited,

and

Fast-boat,

or master

or other vessel,

Fifty Dollars.

V.

be

shall

And Lorchas, large Fast-boats,

it further enacted

and

use

as aforesaid,

of such trading

in addition

shall

Junk, Lorcha,

pay

a

fine

not

That

all

and ordained,

be

the flag, to be

ing

Penalty on the

for forfeited.

or large Master for using

exceeding

the

flag without li

cense.

trading Junks, Trading Jurks,

other arms on board

other Vessels belonging to Hongkong Lorchas, large fast- not duly registered and licensed to carry arms, and all trading Junks, boate, &c., having Lorchas, large Fast-boats, and other Vessels duly registered and than those specified licensed as before mentioned, having on board other arms

of arms

in their Register, shall

quantity

deemed

than

are specified

to be the property

by process

in

the

Court

of pirates,

and

as

of Vice-Admiralty.

such

liable

or

be

a larger in their Registers,

held and

to be deemed the

to forfeiture property of Pirates

and liable to for-

And the master or feiture.

Masters or owners owner of every trading Junk, Lorcha, large Fast-boat, or other of vessels to have Vessel already registered and licensed as aforesaid (or hereafter to be the number, quality registered and licensed) is hereby required to cause the number, &c., of arms on quality, and description of the arms on board of such trading Junk, board, inserted in Lorcha, large Fast-boat, or other Vessel, to be inserted in or endorsed their Registers.

on the Register of the said Vessel, and every such master or owner

Penalty,

Masters or Com.

Penalty.

is hereby required to produce such Register to the Registrar-General (who shall make such insertion or endorsement as aforesaid) under a penalty not exceeding Fifty Dollars.

VI. And be it further enacted and ordained, That the Master or manders of Junks, Commander of all trading Junks, Lorchas, large Fast-boats, and Lorchas, &c, to shew their flag.

other Vessels duly registered and licensed as before mentioned, and trading or plying between Hongkong and any part of the Dominions of the Emperor of China, shall, whenever they shall come in sight of any European ship or other vessel, hoist their flag in some conspicuous part of their said vessel, under a penalty not exceeding Fifty Dollars. And the Master and officers of every British or other Vessel who shall meet or fall in with any trading Junk, Lorcha, large Fast-boat, or other Vessel bearing or carrying the flag aforesaid, is or are hereby required to note the number of the said flag in their Log Book, and also the time and place when and where such meeting shall occur, and to report the same to the Harbour-Master or Consul at the port of their destination.

Penalty how to be recovered.

VII. And be it further enacted and ordained, That the penalties mentioned in the three preceding sections of this Ordinance shall be recoverable in the same manner as penalties are made recoverable by Ordinance No. 10 of 1844, entitled "An Ordinance to regulate sum- "mary Proceedings before Justices of the Peace, and to protect "Justices in the execution of their duty."

Passed the Legislative Council of Hongkong,

this Twenty-fifth Day of March, 1847.

L. D'ALMADA E CASTRO, Clerk of Councils.

J. F. DAVIS, Governor, &c. &c.

faster

Lai Almada

"Clerk of Councils.

kypentive.

RECEIVE JUX23

1827

1081. Bong Kong

My Lord,

303

Victoria, Honghong,

19th April, 1847.

The official report which I have

made to Viscount Palmerston will place Her Majesty's Government in possession of th

"the causes, and of the successful result of my visit to Canton to demand redress for grievances which had long continued to grow, and in reference to which all milder remonstrance had failed. The peremptory Her Majesty's Secretary of State for Foreign Affairs met with . reception from the Chinese minister,

other alternative. With the limited garrison of

mmunications.

left

me no

Hongkong,

of

which

which never since my. arrival

The Right Honorable,

The Earl Grey,

404

-464

Je!

numbered.

bered so few, being

about 1,300.

men

of

all arms, and with three Steamers and a

Brig. I managed, by the able cooperation of Major-General D'Aquilar and Captain McDougall of the Royal Navy, at once to provide for the wants of this Colony, and bring the Chinese Government to terms at Canton, and I trust that we have prevented. the necessity for expensive remedy. On a former

to

a more extended and more.

occasion in 1841

it consisted of three line of battle Ships,

eleven Frigates and Sloops, four Steamers,

and 3,000 Troops.

The Major-General's report

will put Your Lordship in possession of the military details of our short expedition of seven days, and I have only to add that the able dispositions of Major Caine, the Colonial Secretary,

who.

in

was

my

Acting Governor.

and Commandant

absence, ensured the safety and

304

tranquillity of the Colony

the I have the honor to be,

With the highest respect, Your Lordships

Most. Obedient

Humble Servant,

ndani

Si & Duins.

25.

MaStephen MEHawes 26

EarlGrey

upon the whole I think it will be

of

better it at /esent to rend

to der d. Duver

ему

строи

305

I have to acknonlige. the reciept of your desp 1041. y the 19th epil

reporting the proceeding which you have been

Compelle" to adopt

against

the Chinese

Government at Cauton to Main redrep for

prievar. sustained by the Subjects of

which

Her

Majesty that you

represent to have been of long standing,

and

for which remoush ances

Sir Jo No 41.

The Earl Grey.

7 Davis,

19th April, 1847.

Received

Canton, and

Palmerston for full

Lordship to peering

On the late affair at

His

information as to the of the Expedition,

Causes

and it's meest ful

result.

эроио туужи

it necessary

vent G. 24/

entisfacti

Acknowled

& expres

my,

----

had failed to procne

tisfaction.

I have to express to

you, in ausuor,

the

gratification with which

I have learned the acccepful four of the

sperations you thought it necesary to undertakke against Canton .

He served

I have not as got

fo hich

42.

2. Financial.

A Treas: 2,

2 July, 199.

JUNE23

My Lord,

1847

1082 trong đông

306

Victoria, Hongkong;

20th April, 1847%

I have the honor to enclose

for Your Lordship's information and that of the Lords Commissioners of Hher Majesty's Treasury, copies of the Quarterly Abstracts for the Runiter ending

Quarter 31th March, 1847.

1._ Changes,

in the Holders of Offices.

and

Appointments in the Colony of Honghing.

2. _ Additions to Salaries and Allowances

in the Colony of Hongkong

3. _ Creation of new Offices and Appointments the Colony of Hongkong.

in.

4. - Payments of an unusual description

and for extraordinary.

The Right Honorable,

The Earl Grey,

Je

tej.

services.

5. _ Reductions in Salaries in the

_

Offices of Hongkong

I have the honor to be,

With the highest respect, Your Lordship

Most Obedient,

Humble Servant)

Waris

307

?

These are for the Treasury.

9.241

reported? am.

Reporte

1.42.

The Earl

Sir J 7 Davis 20th April, 1847. Grey.

5 Malosures.

Received

ending 31+ March, 1847.

Returns for the Quarter

Transmitting Quarterly.

E. Seralgan loye

Be

"Hawks Earl Grey 2

On he ac. of 20 Aprilting

Sin

308

2 July. 149.

I am directed by lad

to you

Gray to transmit to for the information of the Lords Commiges : of the Luasury the following

Platicons which have been

rewind from the Goverus

of Hory Hory for the quenter ending,

Mach list.

pot Changer 10

the grotof

in the Asteless.

of offries & apporuliments

2 Adetitions to Soleries and

Allevames

3. Creations of New Offices

and apprentments

5 Peductions in

discusition.

4 Payments of are

Sher

trandaal

Lalaries

Changes in the Holders of Office and Appointments in the Offices of Hongkong, for the Quarter ending 31th March 1847.

Office.

Name of the Officer Name of the Officer If appointed by who formerly held

who is now

If promoted from another Fate of Governor's

H. M. Goot in│. If newly appointed Office or Government. Despatch respecting Column. England, date the appointment, and appointed, and of authority of by the Governor, situation in the Colony, the change of Office description of former or appointment, or the

the Secretary of

annual salary. new appointment.

annual salary. State. appoistoment.

Click of Council's.

A. E. Shelley Esq.

L. d'Almada e Casta

held the appointment Esq. £100. with that of And: Gent

date of authority.

for

Remarks.

Holds this Office in compunction with former appointment.

Jbry. 1847. N.22

Colonial letter N. Chief Cleck in the 16th Dec 1846, 4.143.

616 of 31th Dect = 1846 Colonial Office!

Dr 25th Febry 1847

2300

Thor Wright: £62-10 I. Willia

£62.10

Supreme Court. St. Thot Wade. £405. Mr. Jozé M. Marquand i'ninese Interpreter.

Bailiff

Sheriff. Frooost Marthed C. B. Hellier Esq. hold C... Holdforth of

& marthal of the Admiralty the appointment with

Conta

Land Office.

Overseer of Roads.

£700.

that of Chief Magistrate.

M. Bruce

£187.10

hm. Bowden $187.10

Registrar Generali Affa & Fearon £625 A. L Inglis. Registrar General.

2550.

Fue Copy)

Mame

Colonial Secretary.

D= 6th Jan 4 Sergt. Police Forces

Dr19

5th Febry. Off 2: Asst. Magistrate 19th Febry 1847. N. 22 Holds the Officesin conjunction 4 Deputy Sheriff.

D: 19th Febry

my.

Dr 30th Jan 4. Aff2 Registrarhemerad 19th Febry. 1847

N. 22.

with that of Aest Magistrate:

Mr. Bruce resigned.

(Signed). M. Caine.

Auditor General.

309

Additions to Salaries, and Advances in the Offices of Hongkong, for the

Office.

Name

Sato

• 1846 7. Quarter ending 37tt March.

Date of

Original. Present. Acto from which Date and description

    increased salery of authority for Appointment. Salary Salary.

drawn.

incrcate:

Column for Remarks.

Registrar General. A. L. Inglis Ess 30th January 1867 £312.10 £550. 14. Jobs 1847. 30th, Saud 4 1847. Colonial Promoted from Officiating

letter N 39.

Sheriff Foods Maaskel C. G. Holdfath 84 147+ Fabry 1867.

£500

£700 1th March 1867 19th Febry

and Efft. Assistant

Col. letter N 61.

Magistrate.

Registrar General.

Fomoted from Deputy Sheriff and Assistant Magistrate; latter

appointinent, still retained, but

without allowances for travelling expenses, which makes the peal. pien at only £150 Pannum

(True Copy).

Manie

Colonial Secretary.

(Signed). W. Caine...

Anditor General.

310

Creation of new Offices and Appointments, in Hongkong, for the Quarter

Office.

Name.

ending

37th March, 1847)

Shate and description of the Date of the Governor's Despatch Annical Date of appointment authority or instruction, fand to F. Ms. Government in Columun for Remacks in any

and of authority from H. Mr. Government in England, respecting the particular case, and for the Salary. from the England, in consequence of transaction, in cases where no statement of any special

Governor.. which the appointment was previous authority may

made!

have been received.

Asst. Supt #tof Police. D. R. Caldwell £125 16th Dec. 1846.

Deputy Inspection Shot Wright £40

Sham Clifton. £ 40

Ji

£36

D:

Chinese Informant. Frong Attye. £

circumtlänces,

16th Dec 1846. N° 142. Inspector McGregor resigned;

F

the amount of his salary has

been applied to these purposes. The deputy Inspectors still draw pay £50 Pann.

as

Sergeants of Police!

C

(FrueCopy).

Maine

Colonial Secretary.

(Signed). Maine

Auditor General

   Payments of an unusual description and for extraordinary Services, amounting to not less than £200 each, which have been incurred without previous authority from Her Majesty's Secretary of State, for the Quarter ending 37th March 1847.

Description of

Service.

Amount:

To whom

paid.

Date of authority from the

Governor,

Date and devription of Date of the Governor's Despated Column for Remarks in the authority or instruction to Her Majesty's Government any particular case, and (if any), from Her Majestyd in England, respecting the for the statement of any Government in England, transaction, in cases where in consequence of which previous authority may the payment was made: have been received.

Special circumstances

Nit.

Nil.

Nit. Nit.

Not

Nit

Net.

FrueCopy/

Mame

Colencal Secretary.

(Signed). Mame

Auditor General.

312

Reductions in Salaries,

4 in Salaries s in the Offices of Hongkong, for the Quarter ending 31 March, 1847

Office

Name

Date of Original Present date from which Fate and description

decreased Salary of authority for appointment Salary. Salary Colonial Treasured W. T Mercer Eng. 8th July 1845 £1,200

Column for Remarks.

drawn:

decrease.

£900.

Jan* 1847 Colonial letter 21th 200 1800. Reported in Governor's Despatele

N° 137 of 24 November, 1846.

Surveyor General. 6. S. l, bluerl, Esq. Ft. Dect 1846 £1000 £800. 1 Jan 18479° 7o Dec 1846.

Chief Magistrate. 6.B. Heller Esq. 16th Dec 1846 £1000

Eg

Dr

Jr Dr

£901: 7th March 1867 De 19th Febr 1827 Dr in Deep: N°22 of Dr. 95th Febry. 1847.

Interpreter of Mr.J. M. Marqued 25th Fabry 1847 £405. £300.

Jull Supreme Court

19th Febry. 1847.

F:

Registrar General A. L. Inglis Ext 30th Jan,

1847

£.625 £550. 1th Febry 1847 D= 30th Jan 4,

1847.

Ff= Ji

(Fruelspr

Mame

(Ryned). W. Caine

Auditor General.

313

Colonial secretary.

1743. Financial.

Copy to Treas: 2 July 147.

2.

My Lord,

314

Victoria, Hongkong, 22nd April, 1847.

I have the honor to enclose for Your Lordship's information and that of the Board of Treasury, a copy of the Acting Colonial Treasurer's Account for the Quarter onding 31th March, 1847, as handed to me by the Audiler. The quarterly statement of the Treasurer showing the Bulances Receipts, and Payments within the Quarter with

my certificate attached as to the correctness of the Balances, is also enclosed herewith.

I have the honor to bez

"With the highest respect; Your Lordships,

Most Obedient

Humble Servant,

The Right Honorable, Veni

The Earl Grey,

dez

de

Je,

Mr. Dames.

It is customary to sexed information of this nature to the Freasy

A13. 23 Ince. 147.

نا

9.23%

have 23.

2 malosies.

N.43.

The Catal

Fir Jth Davis,

22nd April, 1847. Grey.

Reseived

ending 31th March 1867,

Account for the quarter Acting heasurers Quarterly

Fransmitting copy of the

fo.

C. E. Trevelyan Ep.

Sie

20.

43-22 Apicl

315

2 July, 1987.

I am directed by Carl

Grey

to transmit to you

for the information of the Lords Commipionces

of the Treasury

the copy

of a despatch from the Grunery Hong Kong forwarding

the Accoront

Treasurer

of the Acting of that Morey for the quarter ended on the 31.9

Last March.

[ [ [

Account of W. Z. Mercer, Csqm Acting

Alenies Reccived and paid on account, of the und Consulates in China, during

So Balance on the 12th Janua Vault

Rents.

Licenses.

Revenut

Internal Revenue?

[On Lands for Buildings-

Cultivation 4.12.3.

China Villages.

Markets Public Buildings ..

- Fisheries

(On Opine Jarm.

Salt.

-Stone Guarrying. - peublicans fraunbrokers.

Auctioneers.

Billiards.

Duly on goods.

Pubér

IV / Lave, Police Assessment --

I

IV

IL

VI

V II

VIII

Η

IX

X

XI

XII

Prap

Jungen

Fines

Forfeitures

¥

sold by Dad Regretry & Leases.

n_Burial

Signatures. Clarria

18.16.5

Queting

riage Licenace, ver Beals & Hawkers-

Registry of Consen

Transfer of

Supreme Court.

Marine.

60

Chief Magistrate. Afectant. Do

Registrar

Supreme Court

Chief Magistrale

ellarine & Go

3.065,1.11%

23.8.8

the Quarter-

6.787 10 10/2 1.569 2.

8.35612

- 69.4.8/1⁄2 5,157 15 3/4

395168 1793

2100

6.50

410134

2.1815

132 2

6514

62

5755534

1.4994

941911 467 16 6/2

2995

110 42215

40817

318

218

Sineral

218

418

J date

841

10192

Assistant Do Regretour General -

Sendent of Police?

tof.

To being amonet paid into the Colonial

Treasury

under supert Fund-

Reerd from N. it C. Parker anviely. inflicted on Capt. Cliver of the Ad Here

From Chief Alagistrali -

Marine Magistrale-

1852

30319 11/2

Rover

10

9017 3.4

1211-18 28/4

Carried forvare £

17,424.

Govemor

Wid-de

Established Salaries -

Camp

Colonial Secretary_ Colonial Treasurer-

Audiler General

Clerk of Councils- chafflaing

Surveyor General_

Harbour Master

Registrar General

Supreme Court and tt Herney Generat

Chief Vellarine Magistrales 7 Fotice. Colonial surgeons

hipplementary Salaries-

Ceclesiastical

Judicial_

felice Magistrale & Sheriff_

-Hages-

General Departurent-

Survey or General -

Harbour Master

Gan Beal's Crew-

Supreme Court

Police force, faitors Ye, Jen

Sexton, Barbal gromir Reeferste

-Ordinary Contingencies.

General Deportment -

Colonial Secretary-

Coloural Ireauirer. auditor Central_

Clerk of Cormeils- Chaplain

Juweyer General Harbour Master_ Gum Beat

Registrar General - police.

Medical

Judicial_

316

1.500

750

481 5

E

62

F

261-

1757

H

58710

AZX

0

CAO

i.

53710

1909 1.495 12

195

652212

2143 37110 76-10

257

115

4/96 12

25126

156 5

219 4.16

45

1916 10

410

16170 87 15 5/2

582 141 1

37510

169917

11922/112648

Carried Jenward E

0.457

18

XU

Brought forward

Jums recovered

Froceeds of 21341l's drawn

the account t

General of H. M's. Navy for amounto advanced

the Half year

to distressed seamen during custing $125 December. 4646-

XIV Received from the Post office Department, Sictoria for certain alterations &fittings in the office __ XReceived from the shoritt for fees paid to taion

by the Goverment.

the case The Queen. V. Carr.

C. Dentrother " 21 n d d x H

XVI Received from the Navy Agent to the Credit

ofte. The chow foo

XVII

Consulate

to the Credit of the Aingpo Consulate amount charged against amoy - Deposits available_

XVII Income Tax_

XX Superannuation Contributions_

2x Police Clothing fund-

XXI

Do Superannuation Fund-

Deposit's not available.

XXX Intestate, Insolvent and other Cetates-

Church Subscriptions.

XXπ In Aid of the Colonial Revenue &

account.

4 of St. M's Dijihernatie Weft

and Consulates in China

Received from the Commisarial China

22/3

135105

17,426 - 7/2

2417 11

18317

Buildings Reads.

-

153

52 18

231147 26216

161155

458.

5216 11

young's

33243 478765

2,11910

15,000

f

35,481 45

Brought Forward:.

-Special Disbursements.

Colonial Secretary-

Gene Boat_

Harbour. Haster

Registrar General Police Department_

Cormer's

s fees

Witnesses.

& Contingencies

Tublic Works

Goverment offices

Grains.

Levelling Ground for Colonial Church, ent offices.

& Gobern

Bridges

Advances and other transactions.

lr H.. Ms. Diplomatic Department and Consulates in Óliina/

-Deposits available - Police Clothing fundin

Superannuation frend- Dehosits net available-

Intestate and other Côlates- Balance on the 12 17pril 1847 In the Strong Fault

Freasure Chest_

218 10

2014

30115

95 17 10 22 611

632 10

6210 6

2981 110

46691559 1,039|149

9.457 317

1.41 3 10

8599

3001

1/52

185 21

I

|dd|| 7,599 | 15 |

T

16,863 1 10

252-

187613

dd 1072 18 1/20~213

£

35,481 44 5/4

318

Celenial Treasurer of Hongkong, in Respect foll

Colonial Government. Ht. Ms. Diplomate Department ending the $1th day of March; 1847..

Statement of Sums withdrawn from the Strong Fault Matement of Sums deposited in the Strong Fault

during the Quarter ending 38th March, 18147.-

مي

d

We thority.

Warrant No.

3

858

4124

So

3,000

Do

- 10

1.682

о

-25

2,000

до

34

1.000

-39

292

"-40

2,000

Do Do

S

2-62

به

d

during the quarter ending the 3124 March, 1847-

Authority -

Authority of H. &. The Governor.

G Warrant: N°22.

Cape

Ge

f

d

£

8767

71143 1.740 15 1174

15,000

2,688 17 22 2,688 17 2,2.

-46.

"-48

5,000

7412 41

2,000

16,87613

£ 16.876 13 72

I ! William Thomas Mercer de solemnly and

Statement of my

Sincerely declare that the foregoing

£ 17688 17 27/2

is a true and correct

Sincerely declare that the form the reading of Jamuang

Account as acting Colonial Treasurer of the Island of Hongkong;

Solemm declaration car cientiously believing the same to be true.

to the thirty first day of March, 18587, and I make this

Declared and subscribed before me

this 12t day of 11pril, 1847

(Signed) O. 15. Hiller,

offy Chief Magistrate..

(Signed)

M. I. Mercer-- Acting Colonial Treasurce:

"Auditor General

(signed) W.

Caine

(ForeCopy)

Colonial Secretary.

4281 GH f probing 1/aft suyoy

77

sdg may k Me f pussy

-busybuspf-

advierty reating showing the quarance in tre Cuencat port Quarter, from 1th January to 31th March, 1847

Company's Cash: Spanish Merican Sterling Cerant.

Rupees. Coin

Fetal.

Dollars Dollars

d

1th January, 1847

Balance.

Receipts.

Total...

Disbursements..

Remaining on the 38th March.

1847.

wiz-

In the Strong Fault-

6

54

3,847 1356. 24631 34 6722 79 1414 8 112 8356 12 114 | 2,051 1,538 85,15562|6026|92| 7939 18 9 27,12.4 11 5898 2,894 109,786 96 12,749 71 93647 8235,481 4 2,507 4 1/28 84,89407 6,585 77 7,516 10 6 26,808 10 ye 33904 1766 24,892|89|616394|1837 17 22 6672 13 94 302421764 24,233 23 5,525 944068 16 424,549 1501⁄2 366 65966 638 769 0 102 1072 18 94.

In pursuance Lords Commissioners of H. M's Treasury, I have caused Surveys to be taken on April 184 for the trance of the Instructing of the Commitliares y bills Save to on the hanget of of the Strong "Fault respectively, and huving carefully inspected the Reports of the Officers affinuted by me to that duty. I hereby certify that I have and the results to be in strict accordance with the Staten it of the Balances at

emai

Feasure Chest._

they are

2

this Return.

the jet of

Governor, te, te, &

J

74.4.

scellaneous

My Lord,

320

1004, không hỏng

Victoria, Hongkong,

234. April, 1847.

With reference to my Despatch

No 36 of 27th March, I have the honor to acknowledge the receipt of the following

Despatches,

on the 22nd. Instant :-

Originals. N=59 to 73_

the last of 18th

February

Military Nr 2_4th February

Circulars, 8th and 9ft February

Private and Confidential, 28th February.

I have the honor to be

With the highest respect,

Your Lordships,

Most. Obedions,

The Right Honorables,

The Carl

1Gpey

Je

Je,

Jo

Humble Servant,

7 Davis

Lodfrey. June 23-

Suthe?

G.241

321

No 45. Miscellaneous.

My Lord,

một trong bảng

322

Victoria, Hongkong,

24th April, 1867-

I have the hour to enelore for your - Lordship's information a copy of the Deepatch which Mr Shelley's Mischievous indicetry at fanton Miged

Palmerston. It

to

me to address to Viscount

may

sewe as an antidote.

may

reach the

any false reports that folonial Office - It is satisfactory to state that the Chinese Government has beenue:

More

vigilant.

than ever

preservation of order...

The Right Honorable,

The Karl Grey,

for the

I have the hover to be, With the highest respect,

Your Lordship's,

Most Obedient-

Humble Servant,

Mein

Fir J. H Davis,

23th April, 1847. Earl Gray.

The

Received

A 44.

Acknowledging

receipt

Fehmary, 1847, te.

Bespate her to N. 75 of 18t

to.

Ye.

te.

Todten

funden, 4) kin meng berfant by Bottig aftenen

put

tarcie open it

5.24/

*

323

(Copy)

No57.

My Lord,

Victoria, Houghing,

324

13th April, 1847-

Some time after reaching (anton, I was informed by Captain Macdougall, Levin Naval Officer, that Mr Shelley (late Auditor of this Colony) had followed us up

there, and told him that the Americans

were

: going to protect against our proceedings and to hold us responsible for any

losses

they might sustain. The falsehood of this mischievous report was

proved in

Lufficiently

No 53, and

I

my despatch No 53,

may now add that both the French and

American Consuls offered

their

concurrence and advice, and consulted

Au

during the whole of my stay, as if

The Right Honorable,

The Viscount Palmerston, S. C.B.,

April,

The Earl Grey.

Sir J. H Davis

Received

No45.

1 Inclosure

the recent operations. reports at Canton, turing

On Mar Shelley's mischievous

place.

at that

to.

to.

to

T

is

I had been their Plenipotentiary. The enclosed Letter from the American Consul further proves this, and acknowledges the conclusion the benefits derived

my

exertions.

ве

from

continue to receive accounts of

of quiet at fauton

the maintenance

and of the return of the respectable

inhabitants to their usual recupation.

I have to.

(Signed) J. F. Davis .

(Jane (opy)

Mlaccia Colonial Secretary-

سم

Copy.

Dear Sex

own

325

Canton, ++ Morel, 1947

of the

As the British troops

are

about.

retiring from Canton, I beg you will allow me to offer a few suggestions growing out of my -experience during the last few years, at Canton, and which have reference more particularly to the idlers, which congregate about the factories and have been I may say

in

various disturbances

all cases the couse of the carines disturbo s and conflicts which have taken place from

time to time.

observed

During the last few hours I have - many of the kind of people referred

down in front of the factories

to already coming

the

and I therefore judge that as soon as troops have embarked they will come in

His Excellency,

Sir John F Davis,

de,

de,

te!

greater numbers than ever.

On former

have done so for

occasions the Mandarins

have engaged to keep them away entirely, and

- one or two days, after which their vigilance has pelased, and the same

evils have been experienced -

  To remedy these evils effectually, it appears to me the arrangements should be permanent, and that the Mandarins should be required to have always 100 to 200 soldiers

at the Conseo-house; part of which force, could be employed by placing 3 or 4 soldiers at the gate at the foot of China Street, and no Chinewo be allowed to enter who could not produce a pass from his employer or wore a .

designating

the

These

name

badge

of his employer.

are matters of detail and

+

apparently of minor importance, but, unless the (Chinese) force above alluded to is kept. permanently at the factories, I should fear a repetition of the evils you have so

fortunately removed..

I have, te.

(Signet). P. S. Forbes.

(True Copy)

Maria

Colonial fecretary.

326

EX

No. 45. $1847. maloune in Desfatch

No 46. Judicial .

My Lord,

327

Victoria, Hongkong, 24th April, 1847-

I received from the Chief Justice

N!. Mr. Stulme the enclosed Letter addressed

by his clerk to Main laine the Colonial Secretary, and a member of the Recentive founcil. That he should tell his clerk- to address the Colonial Secretary in his -name seemed improper, and

a

ad

this

was

repetition of previous acts of the kind I considered that it was time to stop it..

His styling himself The Lord Chief Juction" appeared equally unauthorized, and the Letter itself led to the conclusion that Mr. Hulme (though summonsed.

separately as a Commissioner) would not

The Puight Hourable,

The Earl Grey,

tc.

te.

te.

Spatar

April 1847, to Viscounts Copy of Sir John Davis's 1.57 of 40 134

Palmerston

Mr Shelley's

protest against the recent

I at Cantons were going to reports that the Americans

pervece dingt

A

13th April, 1847.

at that place.

i

attend the

appointed.

Admiralty Court on

the

day-

I acendingly took the enclored - opinion of the i̇rttorney General, and

caused the annexed Letter to be addressed

to the Judge with the entire concurrence. of the Members Government.

of Sinec great publie inconvenience

would have attended. Mr. Hulme's not

. coming to the Court (as his objections

the notice seemed to

imply)

I WUTLI

as the

obliged to hold myself ready only person who could preside in default of his presence _ I went so

to

prepare

Jury and to

so

to

to far

the address for the Grand

to go

down to the fourt at

the proper hour. Mr. Stulme thought

proper to come, but

my morning

was lost, and

might.

have been

better

employed..

to 2.

t. 3.

I have the honor to be,

328

With the highest respect,

Your Lordship's,

Mort Obedient,

Stumble Servant,

(Copy)

Sir,

329

Court House, Victoria, Hongkong, 16th April, 1847-

I am directed by The Lord. Chief Justice of Her Majesty's Supreme Court to intimate to you for the information of His Ruselleney The Governor, that the

of the

advertisement in yesterday's issue of t "China Mail". N. 113. to the following purport,

was not, as stated, issued by

the fourt.

Notice.

order of

A Seccion of Oyer and Terminer and bad "delivery, for the trial of offences committed " upon the High seas, or elsewhere within- " the jurisdiction of the Admiralty of hugland, " will be held in the Supreme Court House

The Honorable,

Major faine,

Colonial Steretary,

tc.

Ye.

tc.

Sir J. H Davis

24th April, 18887.

to

The Earl

Received

ملے

Sprey.

N. 46.

3 Inclosures.

Government Gazette for holding Arminally Sassions on the advertisement appearing in the

Secretary with regard to an

Hulme and the Colonial passed between Chief Justice Fransmitting Correspondenc

au

20+ April, 1847.

More 25.

& wrned.

все

oblin Ed. Stephens fein thais?

28 Jum. Mr. Hawes

277

der die Minuli attached.

44

lecharg

"Victoria, in the Colony of Hongking

o

" Tuesday the 20th day of April, 1847, at "10 O'clock A. M.

By order of the Court. Robert. Dundas (ay Regietrar. -

Victoria 13th April, 1847-

I am

further

instructed

by this

Lordship to state for the information of His Excellency The Governor, that the

Supreme Court has

never so much. 160

applied to to fix a day for holding

Admiralty Sessions .-

I have to

been

(Signed) S. A. Trotter

an

Chief Justice's Merk-

(Tree (opy) Marie Colonial Secretary-

Orinion.

330

The Chief Justice of Wonghong

and the

is not entitled to be addressed as "The Lord Chief Justive out of his Court - By the terms of his Commission. Colonial Regulations he is only entitled to be styled His Honor - The

Chief Justice of

the Queen's Bench alone

is entitled to be called The Lord Chief Justice of England . The Chief Jualices

of the other Britishs Courte so called, unless they

are

a re

not.

really Peers of

the Realin. The late Sir Nicholas

Tendal, Chief Justice of the Ammont plene.

contented to style himself The Right Honorable Ser N. Findal Knight . In bonds of forstice. Indges are by courtesy addressed

their Lordships ; out of Court they

all

d as

331

drop the lible allegether.

The Notice issued by the

Registrar of the beurt,

ву отдел

e issued by of Admiralty

oider of His Excellency The

The Governor

( 2 other Commissioners being present / is quite sufficient notice for assembling

a

Court,

see

Commissions). The

Governor by the terms of the Admiralty

Commission is first Commissimer,

and as such from

with.

Live other

him

tiar

Commissioners.

right to emanate ordere and directions

for

the holding of admiralty Sessions

The notice

Avas

ove

     de isoned by the Registrar issued by Registrar of the Admiralty Court by Order of the Court of Admiralty not of the Supreme Court . The Supreme Court qua supreme Court has nothing to do with the admirally sessions.

The

Geveme

any

her Counuifsimers

Governor and on was

Court. When the notice

form a Court.

determined upon,

there

The

e Governor,

were

e present

the Colonial secretary,

and the Chief Magistrate of Police, all of when concurred in fixing the 20th of April for the admiralty The Supreme Sessims.

ne leourt

will not be interfered with at all, for the Admiralty sesions will not lost beyond the 21st, and the

crisdiction cases are

Summar fariedist

fixed fo

22nd.

If the Con

Commissionere

do

l disobedience.

not attend through wilful

to the

incowenience.

and neglect of duty, of the public service, the Gevomer may, if they his control, suspend or dismiss them from Her Majesty's

are inmediately under

Service.

illness

or

Unless

conne

be

is prevented by

other Reasonable cause

from attending, the Chief Justice of

so ordered by pay

the Governer

due obedience to such order. He

can mo more

Refuse to do so

than he

infinity, the Supreme Court :

with

shut up

No communications signed by the Chief Justice's clock should be Received for the purpose of being laid before His Excellency The

: If the Judge have

e Governor.

asy complaints to make, the neust himself address - the Governor through the

Secretary

the

in

Dove

the Colonial

manner ae

the Heade of all other Departments

of this Colony. Whötthilly Complet Victoria, Hongking Acting Attorney 16th April, Boy

General.

(Copy)

No 106.

Sit

Victoria, Hongkong,

332

17th April, 1847.

I am commanded by His Excelling

your

the Governor to inform you, in reply to letter of yesterday's date that of, by the first paragraph of that letter, you

notice,

mean that the

- you allude to was not issued by order of the Supreme Court, the observation is superfluous. It certainly,

was not by order of the Supreme Court, since that Court has nothing whatever to do with the Admiralty Court held by a separate Commission under- the Great Seal. What you state about the Supreme Court never- having been applied to to fix a day for holding an Admiralty Sessions s perfectly unintelligible.

is

Honorable, J. W Hulme, Esq.

Chief Justice,

44

Jer

Je!

Mt. bay, as Registrar of the

the

Admiralty Court, instead of by order of Court" should have inserted by order of the

Chief Commissioner, "but as

with every

as you,

in common

other Commissioner, received a

separate summons by His Excellency's order; this is a point of little importance!

that

His Excellency the Governor expects you will attend,

      your deety as a Commissione. according to the summons, and if (not being prevented by illnes) you should through wilful disobedience or neglect of duty fail

of the public d yourself amenable to

to attend, to the inconvenience. service, ajou will hold

the

consequences.

There is nothing,

in the

Commission of Chief Justice, issued to you

by His Excellency,

nor in the Royal Warrant

to the Governor on which that Commission was

granted, to sanction

the

ва

your assuming designation of Lord Chief Justice, and

as

333

Her Majesty's representative, His Excellency will not allow it in any.

Government.

- any address to the

Neither will His Excellency allow the Honorable the Colonial Secretary to

masse.

receive letters from your blurk in your . That officer

of the highest functionaries

is one

of the Colonial Government, and only lately "took precedence of yourself as Acting Governor and Commandant of this Colony. I have, 40

(Irue)

(Signed). Ayued) Wlaine!

(Inna Copy).

Melanie

Colonial Secretary.

Colonial Secretary.

Separate & Confidential.

C

رجر

1006. Không lông

Victoria, Hongkong, tho April 1847.

24

334

In Circular despatels;

of 9th February Your Lostbif

requests information concerning the Colonial Newspapers, with

their general

reference to

sharacter, and the classes among which they

circulate.

The principal and

indeed only respectable Paper

at Victoria it

Mail", conducted

the "China

by a

Ar

Andrew Mortrede, brother to

The Right Honorabl

the Earl Grey

For

ہو

to Enclosure N = /

Justice Hulme, in reply letter addressed to Chief

Copy of the Colonial Secretary's

17th April, 1847.

N. 46, of RG7.

Inclosure to 3 in Desp:

Au

Engineers

of Engincont India, who lately,

 officer published

=

in

a work

n

Logarithms.

Being possessed of character

and means,

established

Spondence

the Editor has

210

effective corre = with London Papers,

and thereby increased his

influence.

This

was

0200

the

only

Journal that I could choose

as the official Paper of the Government.

my

Despatch No

some accounts

123 of October 22nd, I gave Your Lordship of the "Friend of Chint from which Fr. Bowring appears to collect his charges against the Colony. _ The Editor, by name John Carr, robbed his Partner in New South Wales and

335

absconded to this place, being gazetted after his departure. I have also heard that he hid worked in

a

gang

with

Convicts, and was branded

under the

arno. -

He did som

printing for the Governme before W. Shortrede arrived, and the great offence for which I have incurred his virulent abuse has been the

transfer of this employment respectable quartos. I cannot of

to an

икон

More

sneh

A

course look

Teacher of Morals

and Politics as this John Carr with much respect or deference,

I value my

and

as

time and

tranquillity too much to read hime, I and

quite unconscious

4.

of his effusions, except some.

times at secondhand.

  The only remaining Paper, the "Hougang "Register", is printed almost exclusively for the

purposed of

the principal.

Houder of age. It has little. Matheson the _ It has little.

circulation

and

that of Jardine

es to be

appears

continued chiefly because it

begun, though the

was

onee

Commersial form in question may possibly find it answer

their

20

#

obeats.

which

The classes among foregoing Journals circulate.

correspond of f

characters

course with this

the Journals themselves. _ The Officers of Govern=

=ment, Civil, Military

and

1

336

Naval, and all those who love

order and

are satis

satisfied with the their condition, support

571

" China Mail", which also rectives

unwilling support from many

who stand in

need

wed of the more. valuable and authentic information

it contains.-

Omitting the "Braking "Horgmorg

Agister as fartaking more of

a.

private character, the "Friend of China ? remains as the lower the level to which the dregs of th Community, nationally flow... It was by turns discarded by the General, by myself, by the Regimental Moses, and by all who, possessing, respectability, from

character, became

Station

the proper subjects of its

vitaporation . _ The Editor lately offered his undertaking for

Jabe

with

but could not meet

a

purchaser, and this

disappointment is not calculated

to add to the an

amenity of his

style. I have the hour to be,

with the highest respect,

Your Lordship's,

most obedient

Husbh Vervent,

337

EX

Lord way home. 2.3

To M. Mandork.?

my

24

24th April, 1847

Sir

Separate + Confidential.

The Earl Gray.

J. 7. Davis

Receiver

of Hone king.

Relating to the Journals

N. 47.

S

Judicial.

My

Wexing

RECEITE

1000 khung hàng

For

JUNE23

1047

Loid,

Victoria, Hongkong 26th April, 1847.

Site on

Saturday

338

when the mail was to be,

despatched (torky)

in

Monday, morning

the enclosed Setter was

creceived from Mr Judges Hulme... The only

ade

of transmitting such documents through the Governin is that they may

be first

-----

considered and answered; but the object of the above proceeding (as the correspondences to which Mr Hulme refers took place

as

only

long

as

a week ago ) would bo to prevent, if possible,

The Right Honorable the Earl Grey,

fo

to

; !

to

my replies to his charges. _ the whole proceeding is opposed the Colonial Regulation, which states that transmitting such

Papers on the

lve

J

the departière

of the Vipal which conveys them

cannot be allowed!".

I might, therefore, with

reason have declined forwarding

the Document until next mail;

but fortunately à more reference Despotah. Nr 46 of the

t

my

thing,

24th distant explains everys and I will not supply, Mr. Hulme with even the pretest of

A

grievance

The day for holding thes Admiralty Sessions was fixed by myself, and two other Commissioners, according

   to the rule. If the Conniffin.. The Queen's Advocate was

"

339

which

directed to instrust the: Registran to ique the Public Notice, was signed by the Registrar

вер

by,"

"Bider

the Court" These

words referred of

courte

to the

Court of Admiralty, not to the Supreme Court. The Saprome- Court House" was the locale, where the Court was to bes held.

On the 13th April notice

sve ziser to Mr Hulme in writing by the Registrar, and on the other Commissiours

He Same J

day

ived the same.

noties th

the 15th the printed Votive

the appeared in the

Gazette.... It was after this that the Gurge's Clark addressed the Colonial scontary, and from the objections to the notice it was necessarily

ы

inferred that Mr Hulme would not attend his duty;

Ke 20

t

So far from the Admiralty Seffione interfering with the Supreme Court, the contrary was the fact ..

   was sélected exprefly, because Mr Hulme had himself. fixed the 22nd for the Summary Jurisdiction cases, and it was deemed inconvenient to interfere with that Court. At the

the Admiralty

-4

Court

same time, the could have been held in a separate place, and without. the Chilf Justice, in case necessity._

f

In

consequence of Mr Hulme's Letter, I myself, to the inconvenience of the public Service, and the loss of my time, went down to the.

Minutes.

340

Admiralty Court in person, with

a

In

charge to the Grand Jung my pocket, being led to anticipate. the

contingency of Mr Hulme's

abtenez...

The Rules of Court, already

4th Feby : 1867 transmitted to

252

18%

"

"

Your Ludstiche,

were

4. march passed in the Legislative, Connail

- in pursuance of repeated orders from Home, Fespatches $4451 in partisular._ By these onders all the previous Plutes were.

Her Majesty; they

dis allowed

were

by

revised in Council in thes presence of Mr Hulme ._ Somz If the alterations were made at his suggestion, others at the Suggestion of other Members in This presoner. _ At the seond

The absented himself reading, freme Council, but when

the Minutes of that second Council

were read Mr Hulme was present and low the Rules withouts offecting to them. These Rules, whock have been sanctioned in Council according to Her Majesty't express Commandos, Mr Hulme ventures

are "Jait

to tell Your Lordship. to be Rules of Courts, and he also designates them as "subholed

Jules."

"Sukkoted

I have the honor to be, With the highest respect,

Your Ludthist,

most obedient

Humble Servant,

2 Danis

341

!

342

2.8 June.

Mr Hawed

The right decision.

on

this

Dispatch, and on 1987 affiers to me

to be as

follows.

1. The Chief Justice had no right to designate himself as Ind Chief

Justice. It is contrary

of all

very

our-

in

to the custome

Colonies, and is, I think,

cent umovations.

2. I think he would have

pidged better if he had himself to the Governor, instead of

written

ricking the

giving offence by matting his dark write to the Colonial Levatury.

3. I think that to publish

nation for holding a Prisy

A

Commission

Const ; not only without the consent of the Chief Pastoor, but even without any noter to him. wad ingrar the second Commissioner, he is, or ought

Then wh

to be, the presiding Suage of that?!

The Earl Grey.

Sir J. H Davis

26th April 1827.

P. 47.

5 Inclosures.

Received

Fransmitting

an Original.

of 1st March 1847:

to the new Rules of Court April, and bearing reference of despatch No 46 of 24th

Hulme to Earl Grey, Letter from Chief Justice

connected with the subject

Count

Court.

343

4.

The

was also discom-

leons, because the day fire might, for ought the Governor could know, have interfered with some of the judge's judicial duties, public or private

5. The notice itself

was dracon

as to make it

up in such terms, at least doubtful whether it des

not purport to come from the Supreive

Court. Azanding

Asending to mea Grann

Grammatical consturvation, such would be the proper

reading of the notice, the

the only "Court"

acpressly ancntioned in the noteer, by the of a Count, being the Supreme Court,

name.

Yet the Chief Justice must have underton the real meaning, and ought not, I think,

6

have

affected

to misunderstand it

 b. The Pecretary's letter to him of the 17" of Apiel seems to me to have been

rude

and

an

a

improper letter. It describes

perfectly unintelligibh" the objections

to the form objections

evere

of the notice, though these

as it seems

to me,

both

alear, and (in absolute shirtness, wall

founded.

I

con

veys

внение

to the Judge

of the consequences of his now

attendance, althingh he had the least reason to suppose.

meant

never

a

geven.

that he

to absent himself. The rebutte the title of Land Chif

for his assuring Justure is conveyed

a

harsh and

offension Come, this Excellency will not alle

Such also is the tone of t

it te

the.

rebuke for writing, through his clock, t the Colonial Shoutary do this last rebate the Indge

reminded that, not long

لف

before, the Colonial hentary,

Administration of

09

the Government, had

تی ہے

taker presedeness of himself; remark calculated, if not designed to

I com sex/quite

gave pain, &/or for as

beside the purpose.

7.

can

The controversy respecting

the miles

ел

of Count is not

very

bar. I have

seem

doubt.

freed

quite right.

en

that the Gener

Conse

: dering all the disallowed orders or

rules of Court.

it seems to me

Jay

Do

no null and void. But

that it was needless to

that it

in the pervalamation; and was cabe

sculated, if not designed, to give offences

by announcing

d

      kind of triumph at thes Sidge's expense. I gather also from the ridge's better that the so-called subs Count, of the 125

the 12th of March 1887, +

evere

of

not.

really rules originating exclusively with the cridge, and then confirmed by this Ingislature, but overa

rules of which the

Legislature themselves riginated apart.

thewe not at

sis Cormeil by

l

is

A

this moment the

420)

or

der

Pont I doubt whethe

consistent with the

it. Acending to that order, as

meaning of

Irecollect

it, the rules

to

were

originate

with the

Count exclusively, but were not to take

::ffect till confirmed by the Legislature.

of Court, any.

y

which the Cant has not made, would

1 publish

as rules.

rule

teen

error.

abuse of words

344

ds, and a grave.

because

rules whil

It was the less necessary.

if the funt refused to make

any

the Legislatur had jnages requisite, the Legislature could establish it by a Low-

of take

away

the whol

wreation, of that

of the Judge's really the effect I think manifestly

were

of these rules, was, I think;

and unjust.

Unwide

was

the

Effect

But that much

is not evident to me. The

Inage, herraver makes the complaint, and

the Governor does not notice it.

There is obviously a great wait

both of senses and temper throughout this

but in the present instance controverty; -

those qualities is I think

the failure in those

to be ascribed much

livenor them to the Indge.

Sengree.

more

happ

death ifre difertil

meleon.

panded open

9.294

th

14.

Introd

Governor.

Sir John Davies Bi-

2102

345

Denghent

13. July 1847

1847

Mr Stephen 9 July

W. Hawes 12.

Parl Grey 13.

July

I have reverand

your

Despatch dated the 26 ? Aprel tipy, WV. 47.

and

J

have read with anuch

regret the Controversial.

dise.

ussion between the

Chief Justice of Ming Hong

and yourself, which is contained in the annexures.

bit.

That

regret

کھے

enhanced by the convection

1

2

which the perusal of

those documents has

me that all

forced upon ine, the parties to that encress - pondence have failst in the self command, and

in the soutual respect

for each others feelings

No

sominently requisite

in Officers to to how ther allajesty has been pleased to confide the Chief Ad. -ministration of the

Excentive, and

of

this

Indicial, affairs of

the Colony .

I entirely

Con ear with

you that the Chief Justic

hat

120

right to assume

the

346

the lith of Ind Chap

Sustice.

With (I think)

but a solitary

and

questionable exceptions,

this would be a défracture from the customs of

every

a Nor

oller British Colony.

would it

ninovation

tant.

may

R. A

be

aw

unimper

in reality,

bex

as it

appearance.

I therefore approve

this

pur protest against- the assumption of title. But I must add that the language of.

that Lotest was but

too well calculated to

give frame to the Judge

ff

www

3

If for

your

Severe and

: peremptory prohibition, you

had substituted the

plain expression of your Accided with that the

title aught be dissused fat Cast intel Her Majes= - ty's pleassure could be known) the real objet would have been

as well

accomplished and the

offence avoided.

yber

I further agree

with

that the Fudge would

have done better, if

instead of dirvating his

clark to

addrexes the

Colonial Svcretary,

he

had

347

had written in het

Ma

person

here

yourself.

Innuss-

But

again.

Cament the love in which

the

error

out and re

was pointed

buked.

The

remark accompanying

that rebucks, that the Colonial Secretary.

had

not long before, filled Another Office,

right

of which he had taken precedence of the Judge, was I think irretivant.

to the

av

it

question in de late-

adapted

very

ill

to wothe the

Judges

Judge's feelings.

چر

Jemeur

with the

Sudge in thinking that

he had serious cause

the

to complain of notice for holding the

Siracy Although he is the Secon=

Commission Coust

Commissiomer, he

he is, or

ought to be, the Presiding Judge, of that Tribunal.

convene it without-

his previous consent or

knowledge,

ungracious:

improper,

trast

J

there for

was alon

because it

' could not be known to

You

without some

348 nication with bein

whether the apponitiient-

would not interfere with

some of those pet leve duties which

has to

a.

Judge:

Conduct ini

private chamber even

during the

li

hon

Session

of his Court :

I cannot entirely subscribe to the Indged

Comments on the lows

A

of the indeed right

the notice.

ناره

Se was

-taining that; acending

Granmmatical

to the mere

construction of the words

of

EX

of

that notice, it purpor

led to be the Act of

the Supreme Court Bout

(2

Ar

neaming

was obvious

enough; and Iregret

What M Staline shoreld in such a Carrespondence,

have thought it,

it judicious

to write rather as

Ou

Grammarian, and at

a critic

on traccuracies

fstyle, than

ass

& publi

= Officer, desiring to expediti the Majesty's Service. But-

of this was

his side,

much

it

an error

was

more sereinos

~

349

to address to the Fudge letter, which hist

remark was contemptuously

(and unjustly / denounced,

as "per frotly unintelligible, and in which he

threatened with the penal

consequences of his

Non-

-attendance at the Court-

although he had

never

intrinated that he meant -

to absent himself.

had

My

given you any

to

readon

Que

k

him.

au

ascribe

intention to.

wvere

clearly

mistake on

your

own

right:

aught in maintaining

t

that.

that Her Mapety's déval, lowance of the rules of Court rendered them will and void. But I doubt

the discretion.

af.

intro-

-dureing that inference, by express words, into your proclamation. In was but too well adapted to mortify the Suage, and could not (80. far

Joan perceive / prom

-mole

arry

good end.

countervailing

the

If the rules of th Pt March 1947, did not-

altogether, and exclusively

originate with the Judge

the Judge

350

I think with him, that

not

they could properly be

A

published as "racles off Court! The local Legis-

lature.

Car

not initiate.

a rule of Court . It can only confirme

ету

rejeit

such as the Judge mitiates

the Judge be immitting

to initiat

any

sele

which the Lapislature

may require

ad

indisfarnes

sable, the right remedy

& not to publish

rule

of

Court

which the Court.

RA

a. rule

телег

B...

anade, but to introduce

the regulation,

whateve

DEX

12

it may be, in the fam

Law, enacted by

of a Law.

the

Ker. Authority of Legislative Comcil, and

on their undivided respon.

-sibility .

ло

The Inage complains that the rules of Court

have taken.

away

the

whole of his vacation,

and to this complaint

you

do not refor

I

cannot satisfy empelf-

whether it is, or is not-

d m

point

well founde of fact. But of it be

I think that the

diage has

d reason!

good

to

t

not it

regard.

-vance

as

351

gric.

demanding redress.

It is not without-

much concern,

find myself

that I

سرا

afters

compelles to enter upon

review of questions,

the

debated, not without neck

warmth, and asperity

of language between the Chief Justice and

J

you welf

my carest hope, II must add that it is

821.

distinct injimation)

that controver£.0.0-t

conducted

my

Von

enterely.

Avay I admit it to bei

duty to arbitrati

to

h the best of my power,

Rehaven the Governor,

Aud

the Chief Justice of the

Colony, mi

A.

Maxy

Cate

of

difference of opinion

not otherwise to be

reconciled. But it is

ove

the other hand their duty

to discuss all suck

differences not merely with perfect fronteness, but

also with

a

studious

obervance of what it

- due by each, to the

personal feelings,

and to

the Official Authority of

the other.

You will communicate

T

L

352

a

Copy of this Despatite

to Mr Hulme, informing

him, that the

Wannuran =

tion is made for hisson.

trone and

personal information

guidance, and in ter confidence that no part of it will by him be divulged to

per sow.

any

Shave F

othe

:

Wind 8 PM

248044

M-

Saturday

353

apore 247 -10%

Shave the honours

to request that you will lay

accompanying litter with its 4 autosures before $. 2. the fovernor for transmission

Jay to the Right Houble the Earl, by the present mail

The Arable

Thame the homom to t

The Coromine Lenity Tour Mint thank

Welt Julie

Chief Justin

بله

Is

Enclosure

By Ford

day

Mipate 245 1067.

354

J'aur unhappily four

constrained as Chief Justin Bi Ford Sharks for Colory to address gon

The purpose fatentamming Fo for the Majesty's Lupamen is to be under the controut & Subjec I the Order & dictation of L?. the Governor & Guther at to the defree Frespect que Dupetfas of Her Majesty's Representative,

That Court:

My Lord on Tueday

Luedday The 13th Ath month. I deceived. Mr Cay the Registron

From

of the Leptone Court (& who has also been appointed by

4. 6. The fovernor Registrat f Her Majestys

Fourt

355

the Colony of Hong Kauf & its dependencies et appears by "The China Mail" Reituper

of 14.

14th Jan 2 1047 P2100, whic

1110475 Newspaper is declared the the Official Argan If all Governmen Notifications) the enPotid

Marked No. 1. internating the Suetray

the 20th hett, had

aue

been appointer for hotiing

Sepsions. On the

On the Gollering

Admiralty Lesions.

Thursday the 15th Just. There

appeared in the China Mait

a

luffoted Rider ofthe Expans

Court for holding

Aronizat

dessines on the afid 20th fail

The Supreme Court never

having

beein

356

been applied to to Zuch a for that purpose & the wory Zirst intimation received. by myself on the subject being The letter of the 13th Just. I directed my Clerk to write to The Honble. The Colonial bertan the enclosed letter marker hot in reply to which Preceived The Houbh. The Colonial

Jon

Excretary

The evitoded letter

marked Bo. 3.

By

My

Lord Icannot

For one momput believe that Your Lordthis with Lauction The Style & tone of this latte. At one time I am treated as

lotter

Ordinary Commissconer. at another Jan expected.

во

{

357

presive as Jude & threatened with suspention from Office in the event of non attendance

What is stated in the letter

Wthe

applied

Martled Mo. 2. as to the Lisseme Court never having

having been afstand to to fix a day for

Admiralty defions it dand

au

hotdint.

To be conintelligible _ I truist Your Lordship will be at no peat trouble to discover that This statement was introduced merely in confirmation of the previous

revious denial that the Supreme Court had issued The Order in question.

Amy Lord Jam not

Wi

chaupe with au

358

intended derling

with

of duty of threatened uncringly mit I am further charges. assemming to myself in to which thave so right. Little as same dispotis to quarrel about tittes I feel it to be my

Gefnity

my duty, when the dignit of Her Majesty's besome. Court is afsuited to take to

L

myself such title as by custom has been allotted Botter Office of Chief Justice.

Experience has taught me that the Chief Jutter Spanxon of Her Majesty's Superior Courts Styled Lord Chief Justice.

لمند

46565

bus && the Governor.

360

canter

a very serious interruption to the regular business of the Supreme Court, I proceed to call Zour lordship's attention to what it said Abe a Rute

of Court & what. I autole. marked No. 16. but which I can assure your Lordship is not that which really was made by the Court. Thave. also to call your Lordship's attention & the Proclamation at the lead of this bespoke Rule of Court declaring the Rules of Court Therein Specified (embracing in fact all the hates

361

of Court ) to be null & voed & of no effect.

My Lord at for as

I could collect from Your fordship's Despatch on thit subject when brought formid in Council. The only part of the Rijinal Rule of Court for resulating the Littings of the Court which required accendung. was that relations to the Crimcial Sessions. This

accordingly

amandment was

made & it was distrutter

Stated by &. I. The fovernor. in Coclucid that no other; amendment would be required & not one word was laid upon

auch

I

362

other point. But upon the publication of this supposed Rule Of Court I Soteroed that The whole of the Courts Vacate,

Teen swept away.

Any Lord I am

My

suite Lathi Zuid that your Lord this never intruded or contemplated any such measure

of consequently

that the Lame

will smet Your Lordship.

Disapprobation.

ढे

Praying Jordani

assistant to buable me

carry on

The business of

Her Projekty, Supreme Courte

with

ލ

363

with Latisfaction to the Public

by allowing

me the controul

I management of the Proceedings of the Court

Shave the honour to be

My Lord

Your Lordship,

Mott-Obedient Hamble Lervanta Combatter Antune

tai

The Right- Kouble

The Barl Grey

DEXT

4. Father

Apail 24th

Barl Grey

10.47.

364

Ao. 21.

Court Hour Victoria 13th. Iforil 1847.

I have the honor to intonaté

of the Commissioners offerte Crimes and Offences committed

elsewhere within the

to you as one for the Trial

upon the High seas

OL

Jurisdiction of the eAdmiralty of Englans that

a

Session of Ayer and Fermines and Garl delivery for hearing and determining of divers such Crimies die Offences, is appointed to be held and heft the Court House Vectona.

in

کرے

the Cdling of Hongkong on Tuesday the trocutest day of. April 1877. at tenn oblet

the forencon

o

I have the hever to be

Your Most Obt Lent

Exit Brundas Cay

Registrar.

The Norbl

The bling Justice

M. 2.

Jr.

365

Court House, Victoria,

Hong Ring the April 1847,

Same directed by The Cord

Chief & Justice of Her Majesty's heprome Court to intimate to you for the information

of His recelteney The Governor, that the

"advertisement in Jesterday's issues of the

China Mail, No: 113 - to the

purport

Order of the Court

wad arck, and

Notice

fillmong

stated, issued

by

Jerminer

& Session of Oyer and Gomminor air beast. "delivery, for the trial of offences committer upon the Highs Seas, or elsewhere within " the jurisdiction of the lidmiralty of trigland. will be held in the Seepreme Court Houd,

The Honorable,

Myer

I Caine,

Coloniale berotury..

Jr...

Vectoria

Enclosure Ro. 1.

t

"Victoria, in the Colony of estoughtong,

Tuesday, the 20th day of April, 1847. at 10 O'clock, a. m.

By Order of the Court

Robert Dundas Cay. Registrar.

Motoria, 13th lepril, 184f-

2

3.

  Sans further instructed by His Lordship to state for the information of His Excellency The Governor, that the

Supreme Court has

never,

Wen As

as been applied to to fix a day for

holding

ane

Admiralty Sessions .

Chuch

Thave do (Signed) G. A. Trotter.")

Chief Justiers dest.)

Enclosure Pro. 2,

N106.

No. 3.

I

366

Colonial Office, Vistoria, Hongkong,

17th April, 1867:

am commanded by

His Salling. The Governor to

Excellency

inform you,

in

reply to Your

If

mean that

allude to

Letter of yesterday's date that if, by the first Paragraph 4 that Letter, You

the notice

You

f

was not ified by order the Supreme Court, the observation is superfluous..

It certainly

was not by

overs of the Supreme Court, since thats Court has

the Houble John Walter Hulme, Exf

Chief Justice,

де

Fo

You with the

State

nothing whatever to Admiralty Court held by a Separate Commission under the Great Seal - What you about the Supreme Court never having been applied to to a day for holding Armoralty Supions is perfectly

unintelligible.

an

fix

Mr. Cay, as Registran

of the Amiralty Court, instead

of" by order of the

the Court thouls

the

Chief Commissioners; but as

have inserted

by

aden

You, in

common with

every

Bih

other Commissioner, resiver

separate Summons

Ay

Excellency's order, this is a point of little importance.

His Excellency

The

Governor expects that you

367

should

will attend your duty as a Commissioner according to the Summons, and if (not being prevented by illness) You through wilful disobediense or neglect of duty fail to attens, to the inconvenience of the puther Service, You will hold yourself amenable to the consequences.-

There is nothing

non

on

in

which

the

Commission of Chef Justice, issued to You by this Excelleney,

in the Royal Warrant to the Governon that Commission to sanction Your assuming the designation Chief Justice,

was

granted,

of

Lood

as ten

and

Majesty's Representative this Excellency will not allow it

in

any address to the

Government..

Neither wild til

Excellency allow the Honorable the Colonial Secretary

to receive

Clerk in

Whites from you that offer Letter Your

Youn

is

one

name.

of the highest

Funstionaries of the Colonial Government, and

and only lately.

took precedence of Yourself as Acting Governor and Commandant of this Colony-

have the honor to be,

Jin,

Your most Hedent Humble Servant,

Maine

Colonial Secretary.

368

{

Enclosure No. 3.

Oro. 4.

PROCLAMATION.

WHEREAS the Commands of Her Most Gracious Majesty the Queen, have been received through the Principal Secretary of State for the Colonies, disallowing the Rules of the Supreme Court of Hongkong bearing date the 11th November, 1844, numbered from 1 to 19; the three Rules of the 13th January, 1845; the General Rule of Easter Term 1845; and the Rules of Michaelmas Term 1st November, 1845; Notice. is hereby given of the sarne, and the said Rules of the Supreme Court are declared to be null and void, and of no effect.

GOD SAVE THE QUEEN.

Given at Victoria, Hongkong,

this 26th Day of March, 1847.

J. F. DAVIS.

By Command of His Excellency the Governor.

W. CAINE, Colonial Secretary.

369

SUPREME COURT OF HONGKONG,

REGULA GENERALIS.

ANNO DECIMO VICTORIÆ REGINE.

EASTER TERM, 1ST MARCH, 1847.

1. SITTINGS OF THE COURT.

How many

and

to be

held.

I. That there shall be four Terms in cach year for the despatch of the civil business of the said Supreme Court, Terms, and the said terms shall be the months of January, March, when May, and November, and shall commence on the first, aud terminate on the last, day of the said months respectively: Provided, that whenever it shall happen that any of the said months shall commence or end upon a Sunday, the Term shall commence on the Monday following, or end on the Saturday preceding.

Sittings at

II. That there shall be four Sittings in every year for the trial of all Civil causes and actions, and for the Nisi Prius, &c. hearing and determining of all matters of complaint under the summary jurisdictionof the said Supreme Court, as here- inafter provided; and such Sittings shall commence on the 1st day of February, the 1st day of April, the 1st day of June, and the 1st day of December, and shall terr

terminate on the 14th day of each of such months respectively Provided, that whenever either of the said days shall commence od uponday, the Sittings shall com mence on theendayaling, or cad on the Saturday preceding: Prided that if at any time it shall appear to theid Cout ecessary or expedient that the Court should it for rposes aforesaid oftener than

law lawful for the said Court so

above ment d, its

to do, upon og rense notice thereof.

II. That there shall be ve Sessions in every year for Criminal Ses-

the despatch of the Criminal business of the said Supreme sions.

Court; the said Sessions to commence on the 15th day of

Chambers.

HITA

Sittings at

Office hours

and holidays.

Commence-

February, the 15th day of April, the 15th day of July, the 15th day of October, and the 15th day of December, to every year, and shall terminate on the last day of each of such months respectively Provided, that whenever either of the said days shall happen to commence or end upon a Sunday, the Sessions shall commence on the Monday following, or end on the Saturday preceding: Provided also, that if at any time it shall appear to the said Court necessary or expedient that an additional Criminal Session should be held at any other period, it shall be lawful for the said Court so to hold the same, upon giving reasonable notice thereof.

IV. That parties shall be at liberty to apply to the Chief Justice or other Judge of the said Supreme Court at Chambers for time to plead leave to amend, and such other matters as may be brought before him by any Rule or Order of the said Court; and that the mode of procuring the attendance of any party before the said Chief Justice or other Judge at Chambers, shall be by Summons, to be taken out from the Registrar's Office, which Summons shall state the names and description of the parties, and the object of the attendance, and shall be signed by the Registrar or his Deputy.

V. That the Offices of the said Supreme Court shall be open every day during term, between the hours of ten in the morning and four in the afternoon, and out of term, between the hours of ten in the morning and three in the afternoon, except upon Sundays, and the holidays herein- after mentioned, and the Registrar or his Deputy shall be în attendance at such Offices between the hours aforesaid for the issuing of processes, the filing of affidavits, peti- tions, declarations, pleas, answers, and other pleadings, and granting copies thereof, and for doing and performing all other necessary acts, duties, and things in the said offices and the holidays in the said offices shall be New Year's Day, Good Friday, Easter Monday, Her Majesty's Birthday, Ascension day, Whit Monday, the anniversary of Her Majesty's Coronation, and Christmas Day, and the day after.

2. PRACTICE AND PLEADING.

VI. That all suits and actions of a common law nature ment of actions, shall be commenced in the said Supreme Court by Sum- mons, or other process in the nature of a writ of Summons; and that at the time of issuing such writ of Summons the plaintiff shall lodge with the Registrar of the Court a short statement of abstract in writing of the cause of action, and the Registrar of the Court or his Deputy shall endorse on the back of such writ of Summons the amount of the debt or damages sought to be recovered, together Warrant to sue. with the sum due for costs and in every suit or action which shall be hereafter commenced in the said Court, where the Plaintiff shall complain by Attorney, the Attorney of the party complaining shall, before any process is sued out to compel the appearance of any person to answer any complaint or demand, file his warrant or authority to sue, signed by the party complaining or his lawful representative or agent, with the Registrar of the said Court.

CC88.

VII. That all Civil process to be sued out of the said

Suing out Pro- Supreme Court shall be issued by the Registrar thereof (for which the warrant to sue shall be his authority,) and shall be endorsed with the name and address of the Attorney or party suing out the same, and shall be dated on the day on which it is issued, and shall be made returnable by the Sheriff immediately after the service or execution thereof: Provided that no such process shall be sued out by or against the Chief Justice of the said Court, but where any demand or complaint is made by or against the said Chief Justice, the same shall be made and presented by petition to the Governor, or Officer administering the Government of Hongkong, in his Executive Council.

VII. That the common process of the said Court to Writ of sum compel the appearance of any person.zo.au.ver.any.com- mons to appear plaint or demand in all Civil suits and actions where in ordinary there can be no arrest of the Defendant, shall be by writ

of summons directed to the Sheriff of the Colony, (except where the said Sheriff is a party, and then to some fit and proper person nominated by the said Court.) requiring the said Sheriff (or such other person) to command the Defendant, that he render to the Plaintiff the sun or matter in ques tion, or perform that which the Plaintiff claims or demands from him; and in default thereof, to summon the Defen- dant, that he appear before the said Court within eight days after the service of the said writ, inclusive of the day of such serviceptor show cause why he hath not done so, which said writ of summons shall, as near as may be, be

in one or other of the forms, according to the nature of the suit or action, in the Schedule hereunto annexed, marked No. 1.

cases,

Service of

IX. That in all cases where by law there can be no arrest of the Defendant, a copy of the writ of summons Process. shall be served, either personally on the said Defendant, or by leaving the same at his dwelling-house or place of abode, or at his counting-house or place of business.

No service of

X. That no service of any process, order, notice, or procooding, or any act done in any civil suit or action, civil process on shall be valid or effectual if perforined on a Sunday; and

a Sunday. all process returnable on a Sunday, or upon a holiday, shall be returned on the following day; and any act required to be lone by any party in Court, at time which would otherwise fall on a Sunday or holiday, shall be valid and effectual if done on the following day.

XI. That the Sheriff of the said Colony shall, upon the Return of pro- return day of all civil process, deliver into the Office of cess to the Re-

the Registrar of the said Court, the said process, together gistrar's office.

with a return endorsed thereon, or annexed thereto, of what he has done by virtue thereof; and the Plaintiff or Defendant, or their respective Attorneys, may at any time have an office copy of the said process and the return thereto, at the cost of the party applying for the same: and if the said Sheriff shall have taken from any person arrested any money or thing, for, and to the use, and on the behalf of the said Plaintif, or any bond or obligation, by virtue of any writ of Cupias ad Respondendum, then the said Sheriff shall, after the expiration of the time allowed for the Defendant to appear, and in default of appearance, and being thereto required by the Plaintiff or his Attorney, deliver over to the said Plaintiff or his Attorney the said money or thing, or assign to the said Plaintiff such bond or obligation, by an endorsement to be thereon made by the said Sheriff, under his hand, which endorsement shall, as near as may be, be in the form in the Schedule hereunto annexed, marked No. 2.

XII. That the Defendant in any suit or action, upon Appearance whom service of any civil process has been made, or who of defendant to has been arrested and given hail for his appearance to be entered in answer any complaint or demand, shall, within eight days the Registrar's after such service or arrest, either by himself or his Attorney, enter an appearance in a book to be kept for

ཅ་

office;

E-

that purpose by the Registrar of the said Court: Provided except where nevertheless, that any party against whom any writ of the defendant summons or other process may have been issued, in respect the

intendato admit of any claim or demand against him, may appear personally gainst him. before the Court and admit the same, and the Registrar, or other officer of the Court, shall thereupon take down iu writing such his admission, and the Defendant, or some person by him duly authorized, shall sign the same, and thereupon the Court shall forthwith pronounce judgment.

XIII. That after the Defendant in any suit or action. bas entered his appearance by Attorney, service of all Notices, future summonses, demands, notices, and other proceedings after the de

fendant has ap. in the said suit or action, made upon the said Attorney, peared by At and in like manner upon the Attorney of the Plaintiff, or torney.

Service of

&c.,

370

Time of fl-

or Claim.

declaration,

left at his place of business, shall be valid and effectual. excepting where personal service upon either party is by any proceeding, order, or practice of the sail Court specially required and provided and all such summonses, demands, notices, and other proceedings shall be served before six o'clock at night.

XIV. That in all suits and actions where the Defendant ing Declaration has entered an appearance to answer any complaint or demand, the declaration or claim of the Plaintiff shall be filed in the office of the Registrar, and notice thereof shall be given to the Defendant or his Attorney, within one month after such appearance, in default whereof the Plain- tiff shall be barred from declaring or making claim; and where the Defendant does not appear to the said process, and an appearance shall have been entered for him by the Plaintiff the declaration or claim shall be in like manner filed in the office of the Registrar within the time aforesaid: Requisites of and such declaration or clain shall correspond with the writ of summons or other process in every material point, and shall state truly and concisely the name and descrip- tion of the party auing, and the right in which he sues; the name of the Defendant, and the right in which he is sued; the nature, extent, and grounds of the cause of action, complaint, or demand, and such conclusions as, according to the form of each particular suit or action, the Plaintiff shall by law be entitled to deduce therefrom; and if any argumentative or irrelevant matter be stated in the declaration or claim, the same, being shewn to the Court, shall be struck out of the declaration or claim, with or without the payment of costs, as the Court shall direct. XV. That in all cases where the Defendant has appeared

Time of Plead. ing.

or an appearance has been entered for him by the Plaintiff, he shall plead or answer within eight days next after the filing of the Plaintiff's declaration or claim, and notico thereof served on the said Defendant or his Attorney (un- less, upon application to the Court, or to the Chief Justice at Chambers, further time be granted to the Defendant for that purpose) provided due notice to plead has been given to the Defendant, and provided also that a written demand of plea has been served by the Plaintiff or his Attorney on the opposite party after the expiration of the said eight days, and twenty-four hours have elapsed after the service of the said demand; in default whereof the Defendant shall be barred from pleading or answering thereto, and the Plaintiff shall be at liberty to sign jug Requisites of ment: and in case the said Defendant shall, within the plea.

time hereby limited. plead to the said declaration, he shall in his plen either admit or deny, or confess and avoid, all the material facts alleged in the declaration or claim of the said Plaintiff, and shall clearly and concisely state and set forth the same; and if any argumentative or irrelevant matter be stated in the said plea, the same, being shewn to the Court, shall be struck out of the plea, with or without payment of costs, as the Court shall direct.

Within what

XVI. That the Plaintiff shall be at liberty, after the time Plaintiff to filing of the plea, answer, or lemurrer of the Defendant, reply. forthwith to reply thereto, and shall be obliged to reply or answer thereto within eight days after the filing and notice thereof, unless, upon application to the Court, or to the Chief Justice or other Judge thereof at Chambers, further time be given to him for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand of replication has been made and served by the Defendant or his Attorney, the Plaintif shall be barred from replying or answering thereto, and the Defendant shall be at liberty to sign judgment of non. pros. Rejoinder-

XVII. That if the replication of the sail Plaintiff shafi in what case, contain any new matter, the Defendant shall be allowed to within rejoin to the said replication, but not otherwise, unless with leave of the Court, or Chief Justice or other Judge thereof at Chambers, for that purpose given; and such rejoinder of the Defendant shall be filed, and notice thereof

and

what time.

given, within eight days after the filing and notice of the replication or answer of the Plaintiff, unless, upon appli- cation to the Court, or to the Chief Justice or other Julge thereof, further time be given for that purpose; and in default thereof, and after the expiration of twenty-four hours after a written demand thereof, the Defendant shall be barred from rejoining thereto, and the Plaintiff shall be at liberty to sign judgment.

XVIII. That whenever it shall happen that the Plain-

Judgment

the

the cause.

tiff, by his default, shall be barred from declaring or making against claim, and that the Defendant, by reason of such default, plaintiff for not shall be at liberty to sign Judgment against him for not proceeding in proceeling in the said cause, such judgment shall be signed and entered in a book kept by the Registrar for that purpose: and thereupon the said Defendant shall proceed

to tax the costs of the said cause against the Plaintiff.

XIX. That whenever either party in the cause shall, Consequences

by his default, be barred from declaring or making claim, of default, and

pleading, answering, replying, or rejoining, as the case how remedied. may be, the pleadings therein shall be considered as closed: Provided, however, that the party in default may, at any time before final judgment, by order of the Chief Justice or other Judge of the said Court, purge his said default, and be admitted to declare or make claim, plead, answer, reply, or rejoin, upon an affidavit of merits and other sufficient grounds, to the satisfaction of the said Chief Justice or other Judge, upon such terms as the said Chief Justice or other Judge shall impose.

Time to de

XX. That either party may, upon application to the Chief Justice or any other Judge of the said Court at clare, or pleed, Chambers, obtain time to declare, or make claim, plead, e, how ab answer, reply, or an order to amend the pleadings, or schedule thereto annexed respectively, upon sufficient cause shewn to the satisfaction of the aid Chief Justice,

tained.

Pleadings to

or other Judge, and upon such terms as he shall impose.

XXI. That all pleadings any civil case shall be signed by a Barrister, and filed with the Registrar of the be signed by said Court within the office hours on the day on which Counsel time

the same should by practice of the said Court be filed; of filing plead- and either party in the cause may at all reasonable times gs. search for such plealings, and ask for and obtain copies of

the same at his own expense.

XXII. That there shall be annexed to the declaration

Schedule of

W

and pleadings, in every civil cause, a schedule of all docu- documentary, ments or papers which the Plaintiff and Defendant respec- evidence to be tively propose to give in evidence upon the trial of the axed

pleadings. said cause; and inspection and copies of all such documents and papers shall be given, if in the possession or under the control of either of the parties respectively, to the opposite party or his Attorney, upon his request, and at his expensc.

XXIII. That where any proceeding in a cause has been Setting aside irregular or improper, it shall be competent to the party proceedings for complaining of the irregularity, before taking any further irregularity. step therein, to apply to the Court, in ten time, for a rule, or to take out a Summons before the Chief Justice or other Judge at Chambers, in vacation, calling upon the opposite party to show cause why the proceeding should not be set aside for irregularity; and the Court or Judge, upon service of such rule or summons, shall make such further rule or order therein as shall seem fit.

XXIV. That where, after the written pleadings in any

Setting down

suit or action are closed, and the facts therein stated being Cases for Argue admitted, the law arising therefrom only is dispute, ment either party may set down the case for hearing in the paper of cases for argument, upon giving seven days' notice thereof to his opponent previous to the day for ar gument; and for that purpose shall give a note thereof to the Registrar of the Court, containing the names of the Parties, their Counsel, and Attorneys, four days at least before the day appointed for argument, and shall at the same time deposit with the said Registrar, for the use of

371

Setting down Curses Trial.

the Court, a written statement of the matters andi points of law intended to be argued.

XXV. That where, after the written plealings in any for suit or action are closed, the facts therein stated, whether dependent upon documentary evidence or otherwise, as well as the law applicable thereto, or the facts alone, are disputed, the Plaintiff may forthwith set down the cause in the paper of causes for trial; and for that purpose shall give a note thereof to the Registrar of the Court, contain- ing the names of the Parties, their Counsel, and Attorneys, four days at least before, the day appointed for Trial: and in like manner the Defendant may set down the cause for trial, if the Plaintiff shall nogkeel to do so within the term next after that in which issue is joined.

Notice of Trial.

XXVI. That notice of trial shall be given by the party setting down the cause, to his opponent, soven days pre- vious to the day of trial; but where it shall be made to appear to the Court, or to the Chief Justice or other Judge thereof at Chambers, upon the application of either party, that the witnesses in the said cause, or any of them, reside out of, or are absent from the said Colony, then it shall be lawful for the said Court, or for the said Chief Justice or other Judge, grant such further time for the trial of the said cause as shall seem reasonable and proper. XXVII, That the party giving notice of trial may, at ing notice of any time before the day of trial, countermand the said Trial.

notice, upon payment of the costs, if any incurred, by his such notice and countermand; such costs to be ed by the Registrar.

Countermand-

Witnesses - Subpicence.

Kalan utes

PRE

Examination

XXVIII. That either party desiring the attendance of any person to give evidence on the trial of a cause, may take out, from the office of the Registrar of the Court, one or more writs of subpena for that purpose, each of which said writs of subpana any contain the names of four persons; and service thereof upon any person therein named shall be made by delivering to him a copy of the said writ of subpoena, and at the same time shewing hin the original, and informing him of the exigency thereof; and any person a reasonable time before being

so served with a day of trial, of the said writ suligana a and his reasonable expenses having been paid or tendered to bin, and not having any lawful impediment, shall, on his default, be liable to be attached, fined, and inprisoner, for his contempt of the process of the Court, without pre- judice to any other claim or remely the party aggrieved by his default may by law have against him on that account; and the said writ of subporno shall, as near as may be, be in the form in the schedule hereunto annexed, marked No. 3.

XXIX. That if any witness shall havo in his possession or control, any deed, instrument, or writing, which the party requiring his attendance is desirous to give in evi- dence, then the said writ of subpong shall be in the form in the schedule hereunto annexed, marked No. 4.

XXX. That when the testimony of any witness is in of witnesses de danger of being lost before the matter to which it relates bene esse. can be made the subject of judicial investigation, either party desiring his testimony may apply in term time to the Court on motion, or in vacation, upon affidavit to the Chief Justice or other Judge at Chambers, setting forth the particular circumstances under which the same is made, that such witness may be forthwith examined de hene esse, or conditionally, either before the Court, or be fore a commissioner to be appointed by the said Court for that purpose according as such witness resides near to, or at a distance from Victoria; and the said Court, or Chief Justice, or other Judge, will thereupou make such order as the justice of the case may require."

Execution of

XXXI. That the party in whose favour any final judg Julgments &e. ment, decree, or sentence of the said Court, in any civil suit or action, has been pronounced or given, may, at his own risk, and without any leave for that purpose, sue or t

of the office of the Registrar of the said Court one or more writs or processcs for the execution thereof: Provided, that no such writ or process shall issue against the immo- veable property of any person, to raise any sum of money, debt, or damages, by the sale thereof, (except where by sentence of the Court such immoveable property may be declared to be specially liable to sale,) until any writ or process which may have been issued against his moveable. property shall be first returned, and the Court shall perceive thereby that the said person has not sufficient movable property to satisfy the exigency of the said writ or process; or if no such writ or process shall have been issued, then, nitibupon motion to the said Court for that purpose made, it shall appear to the satisfaction of the said Court, that the person against whose immoveable pro- perty such writ or process is desired, has no moveable pro- perty which can be taken in execution of the sentence of the said Court, or not sufficient to satisfy the sune: and no writ or process of execution shall issue for the levying and raising of any costs awarded by the said Court to any party, until the same shall have been taxed by the Regis trar of the said Court; and for that purpose, the Plaintiff or Defendant, or Attorney of the party obtaining any appointment for taxation from the Registrar, shall give due notice to the opposite party of such appointment, in order that he may be present thereat; and the Registrar shall, in his taxation and allowances, be guided according to the practice of the Courte in England in such cases and according to the table of fees hereunto annexed; and either party, foeling aggrieved by his decision, may apply to the Court on motion, specifying the items, charges, or allowances objected to, that the sail Registrar may review his taxation.

XXXI. That the judgments, decrees, and orders of Judgments, &c. the said Court, shall be carried into execution in any may be excent- district or place whatsoever within the said Colony and its ed anywhere Dependencies, where the Defendant, his goods or chattels, within the Co-

Jony. may be found or be met with: Provided that no writ of Levy on de- execution against the goods, chattels, and effects of the fendant's goods Defendant, shall be executed at any time after sunset, to be made be nor before sunrise; and if any officer or person shall tween suurise execute any such writ after sunset, or before sunrise, such and sunset. officer or other person shall be subject and liable to a fine

of not exceeding Fifty Dollars, which shall be set by the aid Court, and enforced by distress and sale of the offen- der's goods.

Motions.

XXXIII. That all motions or special applications to the Court shall be supported by affidavits of the facts or circumstances upon which the same are made (which affi- davits shall be sworn before a Judge or Conmissioner of the said Court); and that all memorials and petitions shall Memorials, &c.

be brought before the Court upon motion, and shall be delivered to the Registrar at his office the day before the same are moved in Court, and the Registrar shall make a roll thereof, and call on the same in order; and no such memorial or petition shall be sent to any Judge of the said Court, except by special permission.

3. PROCEEDINGS IN FORMA PAUPERIS, XXXIX. That any poor person, before commencing

Right to sue

or defending any action or suit in the said Court in his or defend is own right, or becoming poor during the progress thereof, forms Paupe- may apply to the Court on motion for leave to sue or is. defend as a Pauper, which motion shall be supported by

an affidavit of the party so applying, and of two house- holders living in his neighbourhood, that he is not possessed of property to the amount of Fifty Dollars in value, ex- cepting wearing apparel and the matter or thing claimed by him in the action or suit if he be Plaintiff, and there- upon it shall be referred to a Barrister of the said Court,

or such other person as the Court shall appoint, to con- sider the said case; and upon the party so applying pro-

372

DEX

t

of

Appointment

ducing a certificate signed by such Barrister or other person, that he has considered the case of the said party, and believes him to have a good cause for action or defence, as the case may be, it shall be lawful for the said Court to grant a Rule to the party applying, calling upon the opposite party to shew causes why the applicant should not be allowed to sue or defend (as the case may be) in forma pauperis; and unless sufficient cause be shewn against the said Rule, the same shall be made absolute.

XXXV. That if the party applying to sue or defend Barrister as a Pauper in any case not being within the Summary and Attorney Jurisdiction of the Court, shall also pray that any Barrister to appear for or Attorney consenting thereto may be appointed to appear l'auper. for him, the Court will so order, or else will appoint a Barrister and Attorney, or other person duly authorised to act as such, to appear for the said party.

No fees to be

per causes.

XXXVI. That no fee shall be taken by any Barrister taken in Pau- or Attorney, or Officer of the Court, from any person admitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Bar- rister and the Attorney of the said party, and the Officers of Court, shall be entitled to, and shall receive all such fees as the Registrar of the Court shall allow to them on taxation. When privi-

XXXVII. That any person having been so admitted to lege of suing or sue or defend as a Pauper, and becoming of ability during defending as a the progress of the cause, or misbehaving himself therein Pauper to cease by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same being shewn

Process for

to the Court, be deprived of all the privileges of such his admission.

4.CRIMINAL PROCEEDINGS.

XXXVIII. That the process of the said Court for Summoning de- summoning the Defendant to answer any Indictment or fendant on In- Information, and for the service of a copy of the Indiet- diment or lu- ment or information on any Defendant therein named, formation.

shall be by writ sued out by the Registrar of the said Court, or when the prosecution is at the instance of a private party, by the Prosecutor or his Attorney, and the same shall be directed to the Sheriff of the Colony, in the form, or as near as may be, in the Schedule hereunto annexed, marked No. 5.

Nouce

mation.

of

XXXIX. That the sail Registrar or his Deputy in Trial ou Indict- Crown cases, or the Prosecutor or his Attorney, shall ment or Infor- endorse on, or annex to, every Indictment or Information,

and every copy of any Indictment or Information, le livered to the Sheriff for service thereof, a notice of trial; which notice shall specify the Court before which, and the particular session and time when, he will bring the Defen- dant to trial on the said Indictment or Information; and which shall be as near as may be in the form in the Schedule hereunto annexed, marked No. 5.

riff,

Prosecutor to XL. That the said Registrar or his Deputy, or the Pro- deliver to She-secutor or his Attorney, shall deliver, or cause to be Process, delivered to the Sheriff, [together with the process of the copy of Indict Court for summoning the Defendant] a copy of the In- ment or Infor dictment or Information, with notice of trial endorsed on mation, and no- the same or annexed thereto; and if there are more De-

tice of Trial.

Time

and

fendants than one, then as many copies and notices as there are Defendants; and if the prosecution be at the instance of any private party, the Prosecutor shall also at the same time pay to the said Sheriff his lawful costs and charges for serving the same.

XLI. That the Sheriff' shall, as soon as may be after mode of Sum- having received a copy or copies of the Indictment or In- moning defend- formation, and notice or notices of trial, and the process of ant on Indict the Court for serving the same, and ten days at least ment or lufur- before the day therein specified for trial of the said De- fendant or Defendants, by himself, or his Deputy, or other Officer, deliver to the said Defendant or Defendants the sail copy or copies, or notice or notices, and explain to

matiou.

him, her, or them, the nature and exigeney thereof; and when the said Defendant or Defendants, or any or either of them, cannot be found, he shall leave a copy or copies of the said Indictment or Information, and notice or no- tices of trial, with some one of his, her, their household, for him, her, or them, at his, her, or their dwelling-house, or with some one of his, her, or their clerks, for him, her, or them, at his, her, or their counting-house or place of business; and if none auch can be found, shall affix the suid

1 copy or copies, and notice or notices, to the outer or principal door of the said dwelling-house or houses.

XLII. That the Officer serving the copy or copies of Return of ser- the sail Indictament pr Information, and notice or notices, vice of copy of shull forthwith transmit to the Registrar of the Court & Indictment,&c. copy of the return of the mode of service of the said Indictment or Information endorsed on the writ or process for serving the same.

XLIII. That when it shall appear by the endorsement Proceedings made on the writ or process by the officer executing the on non-appeur- same, that the copy or copies of the Indictment or Infor- ance of defen-

dant thereon. mation, and notice or notices of trial, have been duly served in quanner herein before provided, and the Defendant or Defendants, on being thrice called on the day appointed for the sail trial, does, or do not appear, it shall be competent for the Prosecutor to move the Court, if the Defendant or Defendants have been admitted to Bail, that he, she, or they, and his, her, or their sureties, may be called upon their recognizance or recognizances, and in default of his, her, or their appearance, that the same may be estreated; and it shall also be competent for the Pro- secutor to apply to any Judge of the said Court for his warrant for the apprehension of the said Defendant or Defendants.

XLIV. That if the Prosecutor or his Attorney, having Proceedings given notice of trial, shall not appear in Court to prosecute on non-appear- or prefer the said Indictment or Information before the ange of prose- close of the session of that Court before which he gave cutor after no- notice for trial, it shall be competent for the Defendant or tice of Trial. Defendants to move the Court to discharge!

him, her, or

them therefrom; and when the said Defendant or Defend- ants, or any other on his, her, or their behalf, has or have been bound by recognizance for the appearance of the said Defendant or Defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and where the Indictment or Information is at the instance of a private party, it shall also be competent to the Defendant or Defendants to move the Court that the said private Prosecutor or Proaccutrix and his or her sureties shall be called on their recognizance, and in default of his or her appearance, that the same may be estreated.

Process for

ominal cases.

XLV. That the Subpoena or process of the Court for procuring the attendance of any person before the said procuring at Court to give evidence in any criminal case, shall be sued tendance of wit- out of the Registrar's Office by the Registrar thereof, or, nesses on cri- where the prosecution is at the instance of a private party, by the Prosecutor or his Attorney, or by the Defendant or Defendants, or his, her, or their Attorney; and the same shall be delivered to the Sheriff at his Office, for execution thereof, together with so many copies of the Subpoena as there are persons to be served therewith.

How many

XLVI. That the names of four Witnesses may be inserted in one Subpana, and they shall be described witnesses in one therein with such eertainty that the summoning Officer Sutpœna. may be able readily to find them; and the form of the said Subpoena shall, as near as may be, be according to the like form established in the said Court in and for civil cases.

XLVII. That when the prosecution is at the instance

Private pro-

of a private person, he or she, or some one on his or her secutor to pay behalf, shall, at the time of delivering the said Subpoena and Sheriff's custs copies thereof, also pay to the Sheriff' his lawful costs and together with charges for executing the same, together with auch further expenses, sum or sums of money as the said private party intends the

373

DEX

Service

Subper not.

of

.

said Sheriff to give ur tender to the said Witnesses respectively for their travelling expenses.

XLVIII. That service of any Subpoena upon any person therein named to give evidence, shall be made by deliver- ing to him or her, or by leaving with some one of his or her household for him or her at his or her dwelling- house, or with some one of his or her Clerks at his or her counting-house or place of business, when he or she cannot be found, a copy of the snid Subpoena, and the summoning Officer shall at the same time shew him or her, or the

person with whom the copy is left, the original, and shall inform him or her of the exigency thereof; and the said officer shall in all cases endorse on, or amex to, the original, a return of the numer of his execution thereof, and shall transmit the same to the Registrar of the Court. Pleading to XLIX. That the Prisoner or Prisoners to be tried upon Indictment or any Indictment or Information shall be placed at the bar

Information.

Fees.

unfottered, unless the Court shall see cause otherwise to order; and the Indictment or Information shall be read over to him, her, or them, hy the Registrar or other Officer of the Court, and explained, if need be, by thut officer, or the Interpreter of the Court; and such Prisoner or Prisoners shall be required to plead instantly thereto; unless where the Prisoner or Prisoners ia or are entitled to service of a copy of the Indictment or Information, he, she, or they, shall object to the want of such service, and the Court shall find that he, she, or they, has or have not been duly served therewith.

5. FEES.

L. That in all matters and proceedings in the said Supreme Court, the Fees specified in the Schedule bereunto annexed, marked No. 7, shall be the lawful Fees to be taken and allowed in the said Court (other than in pro- ceedings under the Summary Jurisdiction thereof) unless and until it shall be otherwise ordered and directed by and with the sanction of the Legislative Council. And all Fees received by the Registrar, as well as those received by the inferior officers of the Court, shall be accounted for quarterly by them respectively to the Colonial Treasury, BY THE COURT,

ROBERT DUNDAS CAY, Registrar.

Passed the Legislative Council of Hongkong,

this Eleventh Day of March, 1847.

1. D'ALMADA E CASTRO,

Clerk of Councils,

done thereupon. And we hereby require the Defendant to take notice, that in default of his so appearing, the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thereon to Judgment and Execution.

G. H.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria,

day of Year of our Reign.

the

in the

Street, Victoria,

Plaintiff's Attorney,

(or if the Plaintiff sue in person)

A. B, of

Street, Victoria,

Plaintiff.

ני

Mi

76 -192 9212)

Form of Writ of Summons in Activas on Bills, and Nows, and other Written Instruments, of a like nature.

Writ of Sum-

VICTORIA by the Grace of God of the United Kingdom of Great

Britain and Ireland Queen, Defender of the Faith, to the Sheriff mons on Hills &.. of the Colony of Hongkong, or his lawful Deputy, Greeting: Boo. B. Command C. D. of

Street, Victoria,

that justly and without delay he render to A. B. the sum of Dollars, of good and lawful money current in the said Colony, which he owes to the said A. B., upon and by virtue of a certain promissory note (or other instrument, describing it bearing date the

in the year of our Lord

signed by the said C. D., and endorsed by the said C. D.,

day of

or signed by

fas the case may be) together with the interest thereon from the

day of

as it is said; and unleas he shall do so, then summon the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria, within eight days after the Service hereof, inclusive of the day of such Service, ut ten o'clock in the forenoon, to shew wherefore he hath not done it, and serve on the said C. D., a copy of the said promissory note for other ducu- ment, &c., whereon the said action or claim is founded; and, imme diately after the Service hereof, return you there this Writ of Sum- mous, with whatsoever you have done thereupon. And we hereby require the Defendant to take notice that in default of his so appearing the Plaintiff may cause an appearance to be entered for him the said Defendant, and proceed thercon to judgment and execution.

G. H.

Witness the Honourable John Walter Hulme, Esquire, Our Chief Justice of our said Colony at Victoria, the

day of Year of our Reign.

in the

No.

Street, Victoria,

Plaintiff's Attorney,

(or if the Plaintiff sue in person)

A. B. of

Plaintiff.

SCHEDULES.

No. 1.

No. 2.

Assignment of Bail-Bond.

I the within named Sheriff, at the request of A. B., the Plaintiff

Assignment of

within named, hereby assign to him the said A. B, the within Dail- Bail-Bund, Sec. 11. bond, and all the bonefit and advantage arising therefrom.

In witness whereof I have hereunto set my hand

this

day of

in the year of our Lord

C. G. H.-Sheriff.

Form of Writ of Summons ta Ordinary cases,

Writ of - VICTORIA by the Grace of God of the United Kingdom of Great mons, Boc S.

Britain and Ireland Queen, Defender of the Faith, to the Sheriff

of the Colony of Hongkong, or his lawful Deputy, Greeting:- Street, Victoria, Merchant for un

Command C. D. of

the case may be that justly and without delay he render to A. B. the sum of

Dellars of good and lawful money current in the said Colony, which he owes to and unjustly detains from him, for "perform that which the Plaintiff daims or demands to be per- formed, or "satisfy the damages" which the Plaintiff secke, as the "case may be, staring shortly and distinctly the nature and cause of the action or complaint) as it is said; and unless he shall do so, then summon the said C. D., by delivering a copy hereof, that he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria within Eight days after the service hereof, inclusive of the day of such service, at Ten o'clock in the forenoon, to shew where- fore he hath not done it; and, inmediately after the service hereof, return you there this Writ of Summous, with whatever you have

No. 3.

Subpara.

VICTORIA, by the Grace of God of the United Kingdom of Great Subpoena, Sec. 28.

Britain and Ireland Queen, Defender of the Faith, to G.H., I. K., L. M., and N. O., Greeting

We command you, that, laying side all and singular business and excuses, you, and every of you, be and appear in your proper persous before our Chief Justice of the Supreme Court of our Colony of Elongkong, at Victoria, on the

day of at len of the clock in the forenoon of the same day, to testify all and singular those things which you, or either of you, know, in a certain cause now depending in our said Supreme Court at Victoria, between A. B. Plaintin, and C. D. Defendant; wherein the said A. B., complains, &c., for daima, &o., stating shortly the nature of the action,) on the part of the Paintiff, (or Defendant;)

374

DEX

375

G. H.

Street, Victoria,

Plaintiff's Attorney,

(or if the Plaintiff sue in person)

A. B. of

Plaintiff.

Plaintif

and this you, or any of you, shall by no means emit, under the penalty upon each of you of One Hundred Dollars.

Witness the Honourable John Walter Hulme, Esquire,

Our Chief Justice of our said Colony at Victoria, the

day of Year of our Reign.

in the

No.

No. 7.

COURT FEES.

For filing or entering Plaint, or Statement of Cause of Action, Writ of Summons, each: Defendant,

No. 4.

Subpoena Duces Term.

Subpona duces VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting:

tequiz, Sec. 24.

We coromand you, that laying aside all and singular business and excuses, you and every of you, be and appear in your proper persona before our Chief Justice of our Supreme Court of our Colony of Hongkong, at Victoria, on the

day of at ten of the clock in the forenoon of the same day; and also that you bring with you and produce at the time and place aforesaid, certain deed, or instrument in writing, bearing the date, &c., fdescribing the document to be produced then and there to testify and shew all and singular those things which you, or any or either of you, know concerning a certain cause now depending in our said Supreme Court at Victoria, between A. B. Plaintiff and C. D. Defendant, wherein the said A. B. complains, &c., (or claims, &c., stating shortly the nature of the action) on the part of the Plaintiff (or Defendant) and this you, or any of you, shall by no means onit, under the penalty upon each of you of One Hundred Dollars.

G. H.

Witness the Honourable John Waltor Hulme, Esquire, Our Chief Justice of our said Colony at Victoria, the

in the

No.

Plaintiff's Attorney,

Street, Victoria,

(or, if the Plaintiff sue in person)

A. B. of

day of

Year of our Reign.

$1.00

1.00

For filing every Affidavit of Debt, where the Sum sworn to shall not exceed

$100, Do, do, do, where the Sum sworn to shall exceed $100, for every $100 or

Fractional Part thereof, beyond the first $100,

VIN

2.00

1.00

Writ of Capias,

2.CH)

"..

Alias or Pluries do.,

2.00

Filing and entering Declaration, where the Real Amount claimed shall not

exceed $100.

1.00

2.00

1,00

Piling and entering every Appearance,

For every $100 or Fractional Part thereof, after the first $100,

In all Ejectments, and in all Actions and Proceerlings where the Property sought to be recovered shall consist of Lands or Houses, or both, the Charge on filing or entering Declaration shall be one per cent upon the Valuation at which the same is assessed by Government.

In all Actions or Proceedings brought for the recovery of a Specific Personal Chattel, or for Dainages done thereto, or for conversion of the same, the Charge for filing and entering Declaration shall be 1 per cent on the value of the Chittel, and 1 per cent on the Damage laid in the Declaration. Registrar's Certificate of Declaration being filed,

For filing and entering every Plea, Dennurrer, Joinder in Demurrer, Repli-

cation, Rejoinder, or other Pleading,

--

For filing any Documents or Affidavits not otherwise charged,

For the Pleadings when Issue is joined, in fact or in Law or both,-One Fee of 2.00

NOTE-This Fee is to be collected on signing the Writ of Trial, or on

passing the Record, or otherwise on the taxing of Costs.

For Subpoena, each Witness,

For striking and reducing a Special Jury,

For entering a Final Judgment,

For entering a Judgment of Non Pros..

For entering an Audità Querela,

For exemplifying a Record,

For entering every Cause for Trial,

1.00

1.00

0.50

$

1.00

For signing the Jury Process, and passing and sealing the Record of Nisi

Prius,

2.00

NOTE-Vonire and Distringas included in this.

5.00

For entering an Interlocatory Judginent, where no Pleading Fee of $2 has

been previously payable,

1.50

2.00

150

For every Satisfaction acknowledged upon Record,

1.50

1.50

200

1.00

For calling same,

0.50

For administering every Oath, in Court or Chambers,

0.50

moning Defendant

on Indictment, &c. Bec. 39.

No. 5.

Process for Summoning Defendant on Indictment or Information.

Process for Sum- VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greeting: We command you, that you summon (ike Defendant or Defendants, following the description in the Indictment or Information, that he (she, or they) appear before our Supreme Court of the said Colony, at the session of the said Court, to be holden in and for the said Colony, at Victoria, on the

day of

next, and following days, there to answer to a certain Indictment or Information preferred, or to be preferred, filed, or to be filed, against hira, (her or them) by our Attorney-General in our behalf, (or when the Prosecution is at the instance of a private party or pricate parties, describing the Prosecutor or Prosecutors as in the Indiotment or In formation and not to depart until he (she, or they he discharged in due course of law; and serve upon the said Defendant (or upon each of the said Defendants) a copy of the said Indictment or In- formation, and the notice of Trial endorsed on the same, or annexed thereto, and return on that day to the Registrar of the Court this writ, with whatsoever you have done thereupon.

Witness the Honourable John Walter Hulae, Esquire, Our Chief Justice of our said Colony at Victoria,

day of

the

in the year of our Lord

or Disobediener of Rule or Order of Court,

For all Interrogatorics and Answers filed thereto, in pursuance thereof,-per

Folio,

For every Commission to examine or swear Witnesses,-cach Witness,...

For every Search in the Registrar's Office.

For every Rule or Order of Court, including sealing, Filing Notice of Motion,

For reading every Exhibit, Document, or Paper produced in Evidence, unless

the Court or Judge shall at the time direct a larger Sum to be paid, For every Judgment or Decree pronounced by the Court or Judge, where the

Aunt recovered does not exceed $100,

0.50

2.00

...

For every $100 or Fractional Part theroof above the first $100,

1.00

For entering such Judgment or Decree.

1.00

L

For taxing Costs where the Fill does not exceed $100,

2,00

For every $100 or Fractional Part thereof above the first $100,

1.00

For every Report or Determination of the Registrar, on Special Reference

from the Court,

...

5,00

For every Examination before the Registrar, viva voce, or on Written Inter-

rogatories,

5.00

For settling every Bond, as Security for Costa,

3,00

For all Writs of Exeention,

5.00

For every Writ not otherwise charged,

1.00

For every Copy of Declaration or other Pleading, or any other Document, Paper, or Proceeding in Court not otherwise charged, in all Matters, per Folio,

0.50

141

For Registrar or Clerk examining or attesting and certifying same, in all

Inatters,

1.00

For every Attachment for Contempt, in the Presence of the Court or otherwise,

1.00

0.50

1.40

0.30

...

For every Judge's Summons,

1.00

1.00

0.50

No. 6.

For every Attendance by Registrar, or other Person appointed by the Court (within the Limits of Victoria) to take Affidavits, administer Oaths, or transact other Business, exclusive of Expenses,

1.00

Notice of Trial,

ke, Sze, 39.

C. D.

Notice of Trial of Indictment or Information.

Take notice, that you will be tried on this Indictment (or Informa-

tion, or on the Indictment or Information whereof this is a True

Copy) at the Criminal Sessions of the Supreme Court, to be holden

at Victoria, in and for the Colony of Hongkong, on the

day of

Special Case for the Opinion of the Court,

Demurrer and other Paper Books,

Exhibit to which Judge's Signature is required,

Beyond the Limits of Victoria-exclusive of Expenses,

2.00

Attendance as Commissioners to take Interrogatories, per Diem, Attendance at the Judge's House, at the request of a Party,

5.00

2.00

1.00

1.00

0.50

Certificate on Nisi Prius Record,

...

...

1.00

Q

Escape Warrant,

...$ 2,00

Warrant to apprehend an Insolvent,

$7

3,00

For every Receipt granted by the Registrar, when demanded, For affixing the Seal of the Court to any Process during Court Hours, ...

After Court Hous,

0.50

1.00

2.00

For every Transcript of Record, where the same shall not exceed 50 Folios, 50.00 Each Folio beyond 50 Folios,

---

1.00

ATTORNEY'S FEES.

Writing Letter for Payment of Debt, Service and Copy,

Instructions to Sue or Defend,

..$ 1.00

1.00

2.00

Warrant to Sue or Defend, ...

0.50

Summons and attending to Issue,

3.00

Copy for and service on cach Defendant,

1,50

1.00

1,00

For every Caveat filed,

1.00

For every Commission of Appraisement,

1.00

For granting Probate or Letters of Administration,

5,00

For filing and entering Bond by Administrator,

2.00

For every Certificate by the Registrar or other Officer of Accounts and In-

ventories being filed, where the Sun realised shall amount to $200,

2,00

For every subsequent $100 or Fractional Part thereof,

...

1.00

Swearing Party to the Truth of Account or Inventory,

1.00

Every Exemplification of Will, per Folio,

1.00

ECCLESIASTICAL FEES.

BY THE PROCTORS,

For drawing and expying Affidavit, Petition, and other Documents, Attend-

ances, &c., the same Fees as in Actions at Law.

BY THE REGISTRAR

For filing and entering Petition for Probate or Letters of Administration, &e, 1.00

Swearing J'ctitioner to the Truth of Petition,

For every Citation,

Attending to deliver same,

Drawing Rule to Plead,...

Demand of Plea,

Copy and Service,...

Notice of Trial,

Copy and Service,...

Entering leaue on Roll,

Attending thereon.

Warrant and Docket, ...

Attending to pass Record,

Copy particulars to annex to Record,

Venire and Attending to Issue,.. Distringas

do.

Attending for Return,

Searching for, or entering Appearance,...

1.00

Drawing Pleadings, Statements, Accounts for Clients, Petitions, Cases, Affidavits, Proceedings in Court, Bill of Costs, Briefs, &c., &c., for the

first Folio,

1.00

...

Every subsequent Folio,

0.50

...

Fair Copy of the like and all other Documents, per Folio,

0.25

Engrossing the like, per Folio,

0,25

Drawing and Copy particulars of Demand,

1.50

0.00

1.00

0.50

1,00

0,50

1.00

1,00

1.00

1.50

1.00

1.00

1.50

2.00

1.00

For every order of Court or Judge,

1.00

Attending to enter Cause for Trial,

1.00

NOTE-No Fees payable where the Estate is sworn to be under $200.

Drawing Subpana

1,00

Copy and Service (each Witness,)

1.00

SHERIFF'S FEES.

Instructions for Brief,

4.00

Do,

do.

For Service of every Writ of Summons, Subpoena, Citation, or Order,... For every Arrest on Civil Process,

1.00

5.00

For discharging every Defendant by desire of Plaintiff,

0.50

For releasing Property taken in Execution at the desire of Plaintiff, For drawing and taking Bail Bond where only one Defendant, ... Where more than one,-each Defendant,

5.00

2.00

3.00

Attending Counsel in Court, causo not tried,

Drawing and Engrossing Postea,

Entering Interlocutory Judgment,

Do. Final Judgment, Attending thereon,

...

Attending to deliver Bill of Costs,

3.00

cause tried,

6.00

2.50

1.50

2.00

1.00

1.00

For conveying Defendant to Gaol from Place of Arrest, per Mile,

Notice to Tax Copy and Service,

1.50

0,50

For every Arrest or Seizure in Execution, 5 per cent to be charged on the

Attending to Tax,

2,00

first $500 and 24 per cent on every $100 or Fractional Part thereof above $500,

Attending Counsel, when necessary,

2.00

For receiving Money upon Deposit, and paying satne into Court,

2.00

For filing Bail Boni,

Do. Officers of Court, Sheriff or Deputy, where not otherwise charged, 1.00 Do. Court or Judge at Chambors in support of or opposition to motion,

summons, &c., &c, where no Counsel employed,

4.00

For each Action after the first,

Do.

Do.

For Assignment of Bail or other Bond,

For Return to any Writ of Habeas Corpus, if one Action,

Searcling Office for Detainers,

For each Man left in possession, if boarded, per diom,

On Writs of Inquiry.

1.00

Do.

1.50

3.00

1,00

do. if Counsel employed, Attending Court on motion by Counsel including notice and motion paper to

Registrar,

2.00

2.00

Do.

do.

0.50

1.00

and conducting the trial of any suit, action, or prosecution (if no Counsel employed,)

---

... 12.00

Do.

Not bearded,

before arbitrator at per hour,

3.00

1.50

Do.

Client in Solicitor's office, when necessary,...

Do.

---

Bailiff for summoning Jury and Attendance in Court,

On lodging Writ for entering Cause and Warrant for summoning Jury, Sheriff for presiding,

Beyond these limite,...

the like out of office at Client's request in writing within the limits of Victoria,...

1.00

2.00

..

4.00

***

1.00

10.00

1.00

If Inquiry held at Office of Sheriff,

5.00

For drawing and engrossing Inquisition, per Folio,

9.50

For returning Inquisition,

1.00

...

...

Notices of all proceedings by Attorney, &c., on opponent, including copy to

keep, Service of do.,

For every necessary letter written upon matters in dispute between the parties,

including copy to be kept by Attorney, Discharge to Sheriff, including service and copy,

1.00

1.00

1.00

www

...

0.50

Summons for Attendance of Wituss,

1.00

Fee to each Attorney or Agent, when a cause is sctiled without going to trial, 150

In Repleria.

For every Replevin Bond, where the Value of the Property replevined shall

not exceed $100,

2,00

For every $100 or Fractional Part thereof above the first $100,

1.00

Precept to Bailiff,

1.00

Notice for Service on Defendant,

0.50

2,00

Bailiff for summoning Parties and delivering Goods to Tenant,

For return to common venire,

Jury Process.

Io. to special,

The like for special Jury,

The like with a view,

The like on Distringas or Habeas Corpus for common Jury,

---

111

For each Warrant to Bailiff to summon common Juror and service, For attendance naming special Jury,

For each Warant to Bailiff to summon special Juror and service,

Sheriff attending in Court,

1.00

2.00

3.00

4.በብ

5,00

0.50

10,00

L.CHE

5.00

376

ل

N*48.

Civil.

147.

Copy to Freas: 29 July 747

377

1234 phong hàng

Victoria, Hongkong,

My Lord,

28+ Mout, 1867

ch

"With reference to Your Lordships Despatch N° 60 of January 29, requirings" information as to the appointment of a Malay and Portuguese Interpreter to the Supreme Court. I have the honer to state that on the 4

" of June last the Chief

th.

Justice's application for such an Interpreted was read in the Executive Council, (see

Minutes) and on the ground of economy sit was decided that instead of appointing such an officer exclusively for the Supreme Court, whose sittings did not exceed about 6 months in the year, the person who actually officiated in the Chief Magistrates

The Right Honorable,

The Carl Grey

--

1

Conclosure Do. 4.

te,

404,

Fel, 21 the interpulis olen Surferme Bushnand

be ten offrece yleis fout Ithink. -

when the fris acti

siting to render his des Rapistente, Cont. Mul &

* um

doubt

whether the Enterpection

who has become migid of

with the commitive.

ки ренски вокали

this person to

where the

force of this obe with recommand to the 17t

Court on

services in the Supreme Court - caddition to his Salary of £50, for his £100 a year, should have an

I have the honor to be,

Your Lordships, "With the highest respect,

Most Obedient

Humble Servant,

г

Дина

378

DEX.

to the Treasury

Mr. Dawer.

in reference to M Stapleau's Letter to.

theck that this should be

4 Feb.

AB. 21 July.

Sir J. 4 Dan's

The Earl Grey.

Received

N. 48.

to the Supreme Court. Malay and Portuguese. Intertr=tor as to the appointment. of a of 29th January, requiring information

Replying to despatch N. 60

28th April, 1840

Victoria, Hongkong

379

29 July 1087.

C. P. Frenlyam boys.

Si

132 July

24.

"With reference b Mr. Shipkens letter of

کا

4

2

48-28 úpril 1847

Schmury, lost enching Actumms of new appointments,

desespoir at Ang tang I am

directed by Pack

puri

prey to hansmit th Beanithe, for the information. of this L. C. of the Treasury, then copy of a Itt. Firm Fr. J. Davis containing explanation respecting the offintentict of Thalay & Paluguese- sileiraten to the

An

Supreme Court in that Colony.

Unchen The

cincês static. in this Oph Sud Grey would-

recommend that this appointment theclel. receive the sanction.

of the Lads Commiss

J

Miscellaneous.

My Lord,

1235

380

Victoria, Hongkong, 28th April, 184.7%

was.

No

In pursuance of the instructions. conveyed in Your Lordship's Despatch N = 66 of February 64 M2 M. Shelley informed of his appointment as Assistant Auditor of the Islands of Mauritius, and directed to proceed as surly as possible to his - post, by the enclosed letter from the

Colonial Secretary.

I have the honor to be;

With the highest respect,

Your Lordships,

Most Obedient,

The Right Honorable,

The Earl Grey

Humble Servant,

27 Dani

424

40.

Jo

is be just by

Mr. Jacoes.

Strouse this be,

2

9.22/

BAB. 21 faly (47.

the Earl Grey.

Sir J. H Davis, 28th April, 18417

Victoria, Hongning,

1 Enclosure.

No49

Received

appointment as

has been informed of his

Reporting that Mr Shelley

Apistant

Auditor at the Mauritius.

Copy N* 10%._.

Sir

381

Colonial Office, Victoria,

Hongkong, 23+ April, 1847

-4-

I am directed by His Excellency the Governor to inform you that by the Mail arrived last evening, a Despatch has been received from Earl Grey to the effect that you have been appointed to the Office of Assistant Auditor at the Mauritius Lord Grey adds, "You will apprize Mr Shelley of the situation

to which he has been nominated, and - instruct him to proceed as early as practicable to the Mauritius . It is not customary to

grant any passage allowance to an officer of this rank _ but he will be entitled from embarkation to the half salary of the office of Assistant Auditor, if the arrangements made by the Governor of Mauritius for the

A. E Shelley Es4/20

temporary excution of the offices have left at disposable ."

I have, te, Signets W. Caius

Colonial Secretary.

TrueTopy 1.

klasin

Colonial feentary.

Index

382

INGR

1

1847

Hong Kong

Sir I Davis

Volume 1th January to April

Jan 7 4 1 Mail Steamer-

Jan 75 2

Refers to his

Despatch 88147 Dec. 28

Reports the arrival of the missing Steamer but the Mait had been forwarded by a Brig of

Despatches.

War.

Encloses

a

Schedule of his Despatcher to the Colonial Office in 1846

Jan 7 5 3 Debtor's Prison . Encloses an

Jan 7 5 4

54

estimate for repairs to the Destor's Prison £155 tht and requires authority it doing a case of emergency-

Treasurer's Accounts. Encloses

the Treasurer's Accounts for the Quarter ending Dec 31. Since the abolition of the Auditors Office

one

3 the Roys of the Treasure Hault has been in the custody of the Surveyor General .

383

کی گرانده است

&

1847 Sir Davis

Appointments.

1847

Fir I Davis

continued

Encloses the

Jan 721

returns of all appointments alterations of Palories of for the quarter in

ending December 31.

Jan 7 136 Civil Expenditure & Encloses a of Parliamentary Vote comparative Statement of the Civil charges after deducting Revisme for the years 1845 and 1846 "showing a suring from the Parliamentary vote of 25759 in favour of Government

in 1846.

In 7 15 7 Health of the Colony. Reports on the

improved state of the health the Colony, among the European Propp's the following results

In the

year.

1843-1844-1845-1846

The number of deaths 373-216 - 143 - 58

Jan 7 19 & Ex. Leg Councils. Inclores

Jan 7 219

minites of the proceedings in the Excentive and Legistative Councils for the half year. Dec 31.

Treasurer's Accounts. Encloses

the Treasurers Annual Account

Revenue and Expenditure

for 1846.

-Imm 722 10 Execution qa Native . Reports the

For Piracy, of

Frial and conviction.

A

Native, about 5000

Limese witnessed his

execution.

Jan 7 23 11 Population Encloses an

Ordinance 887 of 1846. The Census Ordinance and registry

of the Cimese inhabitants.

Refers to his

Despatch N 134 "Nov", 20.

"lucken, receipt of Degratcher.

Jan 7 26 12

Despateres

Jan 7 2813

Rules & Court. Actrum Despatch

844 November 19.

Encloses à Letter to the Secretary of State from

Chief Justice Hulme in referrence

To the disallowance of the Rules of Court for regulating

the vacations.

Jan 7 30 14 Mr A Lena.

Reports having

granted twelve months leave of absence to Mr A Lena

Afs.

384

Jan 730 14

1847

Fir I Davis

continued

Apst Harbour Muster, his Duties to be performed. by Mr W Cripps.

Feb 1 15 Rev. V Stanton.

Autor. Despatch

N30 October 5.

Enclose a Letter from the Rev V Stanton on the subject of his application for forage allowance.

Trs 4 16 Revenue & Expenditure. Actin . Circular

October 24

Encloses the required returns of Revenue and Expenditure for 1846.

Feb 12 17 Estimates.

Arta Despatch

8826 Sept 28 and refers to his 819 October 5.

Encloses the Estimates

I of

Revenue & Expenditure for the year

ending 31 March 1848 and

comments

пр-т

the same.

Fib 18 18 Colonial Gun Boat. Actr. Degratch

N35 October 17 and refers to his 7636 of 1845.

Encloses à return.

of the services already performed

by

Feb 13 18

1847

Sir Davis

continued

by the Colonial Gun Boat which was commissioned

as on

Frb 15 19 Mr R Webster.

Прев

experiment & Imme last.

Ackn? Despatch

.840 November 3.

Encloses the report Board appe

inted to

7.

385

investigate For Webster's claim & compensation for Land resumed by Government.

Excelopes an

Ordinance dss 81847 for

F1615 20

Licensing Markets

Frs 19 21

Transportation

Refers to his

licensing Markets.

Chinese Criminals) Despatch 815 Dec 22 Encloses correspondence

with the Indian Government relative to the locality to which Chinese firmmals should be transported.

416 19 22 Refunding Fees.

Auku. Despatch.

9845 book fees to the Treasury!

respecting paying

Encloses the resignation. MCG Holdforth Dept, Sheriff. "The Salary of M CB Hillier

27

has

F1619 22

1847

Dir Ï Davis

continued

"has been reduced on his being relieved from the duties of Sherify.

Reports the

appointments of MA L Ingles as Registrar General, vice Fearon and Mr JM Marques at Interpreter,

vice Wunde resigned.

F1620 23 Pensions & Civil Officers. Autor Despatch 839 Nov. 3. authorising the Pensions of Civil Offgiers.

Encloses copy of firentas Notice on the subject and list of the following Officers who accept the terms propond. Mess. W Caine, A L'Inglis, I Stevenson, Gue Trotter, I Pope., A & Shelley, CG Cleverly, & May, R Risnacker, & A Mitchell of J Smithers.

Fr6 26 24 Finance Returns.

вс

Encloses

abstracts of the Revenue and Expenditure of the Eglory for the year 1846.

Feb 26 25 Anditor's Queries. Auker, Despatch

842 November 6.

Encloses the Treasurer's rephes to the Anditor's, queries.

1847

Sir I Davis

Fr626 26 MA E Shelley.

Fr627 27

386

7

Refers to his confidential Despatch Nov 27 Encloses à Letter to the

Su7 of

State from MA 8, Shelley complaming of the Governor,

Despatches.

comments on it.

Refers to his

Despatch 812 Jany 26.

Alcken receipt of Despatcher.

Fr628 28 Mr Stirling.

Feb 28

29

Mart 30

Autor, Despatch

X 49 Dec. 7 and refers to

his N143 Dec 16.

In the event of the resignation of M. Sterting be consiurs the acting Attr General qualified for the Office. Rules of Court. Auken" "Despotth 851 December 9;

The Rules of Court are about to be submitted to The Legislative Council.

Views of Hong Kong. Requiresto

be supplied with some copies of the ten Military views of Hong Kong withographed by the Ordnance Depart!

1847 Sir J. Davis

Mar 13 31 Blue Book.

Mar 16 32.

Encloses the Bme Book for 1846 and reports fully and generally

021

the contents withe

the Survey of Generals report on

Public Works comprising Roads, Buildings, Marine Works and

Convict Slabout.

Emiloses a general returne Shipping & all stations, arrivals and Départures from Canton in

the year 1846.

Schools. Actr. Despatch 847 December 1.

Encloses a report from

the

the Rev V. Stanton on School under his charge also his opinion on

stepools Chinelos as also the intro-

-duction of a study of the Edgnese language in the

Puropean Schools.

Marly 35 Colonial Treasury. Encloses the report of a Board of Survey of the Colonial Treamry Mas2

Mar 18 34 Church Trustees. Estoses

Ordinance d 2 of 1847 ofe

wn

Mar 18 34

1847

Sir IDavis

continued

387

G

To provide for the Church and appoint Trustees.

Encloses a

Mar 22 35 Conveyance of Letters.

report from Mr. Ryland the Post Master, accusing Mr Larkin's, Proprietor of the "Steamer" "Corsais", with illegally

Letters.

conveying

Encloses copy of an Agreement signed by upword of 60 persons as subscribers Mr Larkins plan for the conveyance of Letters by his Stames.

Mar 27 36 Despatches. Refers to his

Despatch 8827 Feb 27. Actu. receipt of Begratches.

Mar 29 37 Mr A Shelley.

Refers & his Despatch D8 26 Feb 26.

Reports further on his correspondence with M. Kelley.

Encloses a Letter to the Secy of Nate from

Mr Hume supporting The claim of Mr M. Swinly to the services of the Interpreter .

Mar 29 38 MTW Hulme.

1847 Sir Davis

Encloses

944 17 39 Rules of Court. Enitors

10

copy of the tutes of Court as promulgated with the

the Legistative

Sanction

Connel.

419 40 Piracy. Cinance 775

Encloses an Ordinance 783 of 1847 For the prevention of piracy.

Apt 19 41 Expedition Refers to his against Canton, Despatch to the

Foreign Office for the par- -ticulart of an expédition agamist Conton for the

Redress & Grievances, the expedition

only lasted three days.

Ap 20 42 Appointments.

Encloses the

returns of all appointments alterations of

Infaries Je for the quarter ending Mar 31.

Ap 22 43 Treasurer's Accounts. Encloses

The Treasurer's accounts,

for the quarter ending Mai 31.

Op 23 44 Despatches. Refers to his

Ap

Despatch d836 March 27 Ackn! receipt of Despatches.

Apt

1847

Sir I Davis

Op 24 45 M Shelley; Imela of the

Encloses Despatch Foreign Office showing

the mischevious conônét-

of Mr Shelley.

Apt 24 46 Mr IW Hulme.

ހއ

Encloses a

correspondence with Mir Hulme relative Do the Adm7 Court which he states to be irregularly suminente, as also Mr Pulmé's assumption of the title of Rorothing Instice. Aleku. Circular

Infidential

Ap 24 Newspapers.

J

February

Refforts on the Eifferent Newspapers published in the Colony, the China Mail is Edited by MPH Mortiede, the Friend of Laina by M I. Care and the Hong Holy Register is pointed for a Mercantile Agency House.

Ap 26 47 MIW Hulme. Refers to his

Despatch 8846 Cap. 24.

Encloses a continuation of the controversy with Mr "Hulme, the Chily Justice.

388

1847 Sir I Davis

Ap 28 48 Interpreter.

12

Actor Despatch

860 January 29.

Explains the nature of the arrangement made on the appointment of an Interpreter.

Ap 28 49 Mr A Shelley. Ackn? Despatch

&

N6C F2676.

Reports Aaving informed

Mr Shelley of his appromitment & the Mauritius.

END

389

1.

LIC

RECORD

OFF

F

1:


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