港史文本 - HK In Texts: Government Gazette | 政府憲報

DIE

SOIT

MAL

MON

DROIT.

THE HONGKONG

Government Gazette.

報門轅

港

香

Published by Authority.

No. 1.

號一第

日五十月一十年庚

VICTORIA, SATURDAY, 5ти JANUARY, 1901.

日五初月正年一零百九千一

VOL. XLVII.

簿七十四第

GOVERNMENT NOTIFICATION.-No. 1.

　　　　　His Excellency the Governor has been pleased to appoint GEORGE HERBERT WAKEHAM to be a Justice of the Peace for this Colony.

By Command.

Colonial Secretary's Office, Hongkong, 28th December, 1900.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 2.

The following Regulation made by the Governor in Council on the 28th December, 1900, under is section 5 of Ordinance No. 9 of 1893 as amended by section 2 of Ordinance No. 4 of 1899, published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary,

Colonial Secretary's Office. Hongkong, 3rd January, 1901.

; '

Regulation respecting the importation of Dogs into the

Colony of Hongkong.

　　　　No dog brought from Shanghai will be permitted to land in this Colony for a period of four months from the 1st January, 1901.

C. CLEMENTI,

COUNCIL CHAMBER,

HONGKONG.

Acting Clerk of Councils.

GOVERNMENT NOTIFICATION.--No. 3.

Notice is hereby given that Practice (with blank charges will take place from the Heavy Guns in Kowloon West Fort at about 10 a.m. on Monday, 7th January, 1901.

　　　　Inhabitants of houses in the vicinity are warned to keep their windows open in order to avoid damage to glass.

By Command,

Colonial Secretary's Office, Hongkong, 4th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

GOVERNMENT NOTIFICATION. -- No. 4.

The following Notice is published.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

NOTICE.

In accordance with the terms of the Rating Ordinance, No. 15 of 1888, Owners and Occupiers of Tenements are reminded that Rates for the First Quarter of 1901 are payable in advance on or before the 31st of January, 1901.

　If any person shall fail to pay such Rates on or before the 28th of February, 1901, proceedings will be taken in the Supreme Court for their recovery without further notice.

No refund of Rates on vacant tenements will be granted unless such Rates have been paid during and within the month of January.

A. M. THOMSON,

Treasury, Hongkong, 3rd January, 1901.

Colonial Treasurer.

GOVERNMENT NOTIFICATION.-No. 5.

The following Circular Despatch with its enclosure is published.

By Command,

Colonial Secretary's Office, Hongkong, 4th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

CIRCULAR.(2)

SIR,

DOWNING STREET,

13th November, 1900.

I have the honour to transmit to you, for publication in the Colony under your Government, a copy of a Convention between the United Kingdom and the Republic of Costa Rica for the reciprocal protection of Trade Marks and Designs, signed at Guatemala on the 5th March, 1898, the ratifications of which were exchanged in London on the 29th September, 1900.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

GOVERNMENT NOTIFICATION. -- No. 4.

The following Notice is published.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

NOTICE.

　If any person shall fail to pay such Rates on or before the 28th of February, 1901, proceedings will be taken in the Supreme Court for their recovery without further notice.

No refund of Rates on vacant tenements will be granted unless such Rates have been paid during and within the month of January.

A. M. THOMSON,

Treasury, Hongkong, 3rd January, 1901.

Colonial Treasurer.

GOVERNMENT NOTIFICATION.-No. 5.

The following Circular Despatch with its enclosure is published.

By Command,

Colonial Secretary's Office, Hongkong, 4th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

CIRCULAR.(2)

SIR,

DOWNING STREET,

13th November, 1900.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

CONVENTION BETWEEN THE UNITED KINGDOM AND THE

REPUBLIC OF COSTA RICA FOR THE RECIPROCAL

PROTECTION OF TRADE-MARKS, &c.

Signed at Guatemala, March 5, 1898.

[Ratifications exchanged at London, September 29, 1900.]

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, and his Excellency Señor Don Rafael Iglesias, President of the Republic of Costa Rica, desiring to conclude a Convention for the reciprocal protection of trade-marks and designs, have appointed as their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India, George Francis Birt Jenner, Esq., Her Britannic Majesty's Minister Resident in Central America, &c., &c.; and

His Excellency Señor Don Rafael Iglesias, President of the Republic of Costa Rica, Honourable Señor Don Ricardo Villafranca y Bonilla, Consul-General of the Republic of Costa Rica at Guatemala: Who, having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles :----

ARTICLE I.

The subjects or citizens of each of the Contracting Parties shall have, in the dominions and possessions of the other, the same rights as are now granted, or may hereafter be granted, to subjects or citizens in all that relates to trade-marks, industrial designs, and patterns.

In order that such rights may be obtained, the formalities required by the laws of the respective countries must be fulfilled.

ARTICLE II.

The stipulations of the present Convention shall be applicable to all the Colonies and foreign possessions of Her Britannic Majesty, excepting to those hereinafter named, that is to say, except to-

India.

The Dominion of Canada.

Newfoundland.

The Cape of Good Hope.

Natal.

New South Wales.

Victoria.

Queensland.

Tasmania.

South Australia.

Western Australia.

New Zealand.

Provided always that the stipulations of the present Convention shall be made applicable to any of the above-named Colonies or foreign possessions on whose behalf notice to that effect shall have been given by Her Majesty's Representative to the President of the Republic of Costa Rica within one year from the date of the exchange of ratifications of the present Convention.

ARTICLE III.

The present Convention shall be ratified, and the ratifications shall be exchanged in London as soon as possible.

It shall come into operation one month after the exchange of ratifications, and shall remain in force until the expiration of one year from the day on which either party may give notice of its intention to terminate it.

In witness whereof the undersigned Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done in duplicate at Guatemala, the 5th day of March, 1898.

(L.S.)

G. JENNER.

(L.S.)

RIC. VILLAFRANCA.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 6.

The following Particulars and Conditions of Sale of Crown Land by Public Auction, to be held at the Offices of the Public Works Department, on Monday, the 21st day of January, 1901, at 3 p.m., are published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

Particulars and Conditions of the letting by Public Auction Sale, to be held on Monday, ther

21st day of January, 1901, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor, of One Lot of Crown Land at Mong Kok Tsui, Kowloon, in the Colony of Hongkong, for a term of 75 years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of Her Majesty the QUEEN, for one further term of 75 years.

No.

of Sale.

Registry

No.

PARTICULARS OF THE LOT.

LOCALITY.

Boundary Measurements. Contents

Square ft.

Annual Upset Rent. Price.

Kowloon

feet. feet. feet. feet.

Inland Lot

No. 1,117.* | Mong Kok Tsui,.

47.6" 47.6" 160' 160'

7,600

CONDITIONS OF SALE.

1. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lot shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

3. Immediately after the fall of the hammer, the Purchaser shall sign the Memorandum of Agree- ment, hereinafter contained, for completing the purchase according to these Conditions, and shall, within Three Days of the day of sale, pay into the Colonial Treasury the full amount of Premium at, which the Lot shall have been purchased.

4. The Purchaser of the Lot shall also pay to the Land Officer, on behalf of Her Majesty the QUEEN, the sum of $15 within three days of the day of sale, for and in consideration of the Boundary Stones, properly cut, fixed, and marked with the Registry Number, which shall be placed by the Director of Public Works, for the Purchaser, at each angle of the Lot.

5. The Purchaser of the Lot shall pay to the Land Officer, on behalf of Her Majesty the QUEEN, a Fee of $15 upon the execution of the Crown Lease thereof.

6. The Purchaser of the Lot shall build and finish, fit for occupation, before the expiration of twenty-four calendar months from the day of sale, in a good, substantial and workmanlike manner, one or more good and permanent messuage or tenement upon some part of his Lot, with walls of stone or brick and lime-mortar and roof of tiles or such other materials as may be approved by the Director of Public Works, and in other respects in accordance with the provisions of all Ordinances, Bye-laws and Regulations relating to buildings or sanitation as shall or may at any time be in force in the Colony, and shall expend thereon a sum of not less than $1 per square foot of land purchased in rateable improvements.

7. The Purchaser of the Lot shall pay into the Treasury a proportionate part of the annual rental specified in the particulars herein before contained on the 24th day of June next, and thereafter shall pay such annual rental by equal half-yearly payments on the 25th day of December and the 24th day of June in each and every year during the term of seventy-five years hereinbefore mentioned.

8. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser of the Lot shall be entitled to, and shall execute, on demand, a Lease from the Crown of the Piece of Ground comprised in such Lot for 75 Years, to be computed from the day of sale, at such Annual Rental, payable half-yearly on the 24th day of June and the 25th day of December in every year, as is specified in the l'articulars of such Lot herein before contained ; and such Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions inserted in the Crown Leases of Inland Lots in the Colony of Hongkong.

　　　　　　　THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901. manner as to Her Majesty shall seem fit, and in case of a re-sale the increase, if any, of the Premium or Purchase Money shall be retained by Her Majesty, and the deficiency, if any, and all Costs and Expenses shall be made good by the defaulter and be recoverable as liquidated damages, or at the option and pleasure of Her Majesty to re-enter and resume the property as if no sale had ever taken place, in which case also the premium paid by the Purchaser shall be thereupon wholly forfeited to Her Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent re-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable as aforesaid.

　　　10. Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

SPECIAL CONDITION.

1. The land at each side of the Lot to be reclaimed to such level as may be fixed by the Director of Public Works, for half the width of the streets and lanes bounding it.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandun that

the person whose name is hereunder written has been declared the highest bidder for the Lot described in the for golag Particulars of Sale and herean ler speciel opposite to his said name and signature, and does hereby agree to become the Lessee thereof un ler and subject to the fore- going Conditions of Sale, and on his part to perform and abide by the said Conditions.

Number of Sale.

Registry Number.

Amount of Annual Rental. Premium at which

Purchased.

Kowloon In. Lot No. 1,117.

$88

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION.-No. 7.

The following Notice is published.

By Command,

Colonial Secretary's Office, Hongkong, 3rd January, 1991.

J. H. STEWART LOCKHART, Colonial Secretary.

NOTICE TO MARINERS.

The United States Lightship, No. 60, has dragged from her station off the mouth of the Colum- bia River, about 7 miles south-westward from Cape Disappointment Light House, and has gone

It is impossible to say when she will be replaced.

ashore.

Harbour Department, Hongkong, 31st December, 1900.

BASIL TAYLOR, Acting Harbour Master, &c.

　　　10. Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

SPECIAL CONDITION.

1. The land at each side of the Lot to be reclaimed to such level as may be fixed by the Director of Public Works, for half the width of the streets and lanes bounding it.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandun that

Number of Sale.

Registry Number.

Amount of Annual Rental. Premium at which

Purchased.

Kowloon In. Lot No. 1,117.

$88

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION.-No. 7.

The following Notice is published.

By Command,

Colonial Secretary's Office, Hongkong, 3rd January, 1991.

J. H. STEWART LOCKHART, Colonial Secretary.

NOTICE TO MARINERS.

The United States Lightship, No. 60, has dragged from her station off the mouth of the Colum- bia River, about 7 miles south-westward from Cape Disappointment Light House, and has gone

It is impossible to say when she will be replaced.

ashore.

Harbour Department, Hongkong, 31st December, 1900.

BASIL TAYLOR, Acting Harbour Master, &c.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

•

GOVERNMENT NOTIFICATION.-- No. 8.

The following is published.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

ALACRITY" AT SHANGHAI,

21st December, 1900.

HYDROGRAPHICAL MEMORANDUM No. 22.

TAKU BAR.

　The lightship "Taku" and the Buoys marking the Bar and entrance of the Peiho have been removed for the winter and the usual winter marks-black Spars-laid down in their places.

From Japanese Government.

DANNO-URA LIGHTHOUSE.

　During the construction of Danno-ura Lighthouse, which is being shifted, East entrance to Shimonoseki Strait, the light will be discontinued.

Chart 532,

APPROACH TO NAGASAKI.

A wreck lies sunk in the approach to Nagasaki, on the following bearings

Io Jima Lighthouse,

208 feet hill of Kageno Jima, Tsumuzi Yama (613 ft.),

Approximate position, Lat. 32° 43′ 12′′ N., Long. 129° 47′ 28′′ E.

A small junk now marks its position.

...S. 82 W. .S. 58° E. .N. 324 E.

E. H. SEYMOUR, Vice-Admiral.

Government of China.

TIENTSIN DISTRICT.

LOCAL NOTICE TO MARINERS No. 90.

The following Notice, issued by order of Vice-Admiral Skrydloff, Commander in Chief, Russian Squadron, concerning the supposed wreck of a sunken lighter off Takn Bar, is hereby circulated for general information :

NOTICE TO MARINERS.

China.-Gulf of Pechili.-Taku anchorage.-Existence of a wreek

dangerons to navigation.

www.c

Notice is hereby giveu that H.I.M.S. * Petropavlovsk " approaching Taku anchorage ou 17 November, 1909, struck a

sunken article.

　It is supposed that the battleship ran across an iron lighter that sunk in a gale of wind on 27 July in of fathoms. At present there must be about 20 feet L. W, covering that spot.

Approximate position of the discovered danger and of the sunken lighter are the same-S. 84° E. (true bearing) and distant from Taku lightship 1 nautical miles.

By order of Vice-Admiral Skrydloff,

Commander in Chief Russian Squadron.

HI. M. S. Rossia"

Taku, 20th November, 1900.

The approximate position of the above-mentioned wreck as pointed our by the Russian Flagship has been marked by a black wooden spar.

Approved:

E. B. DREW,

Commissioner of Customs.

CUSTOM HOUSE,

Tientsin, 28th November, 1900.

J. H. SUSEMIHL,

Harbour Master.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

Government of India.

NOTICE TO MARINERS.

No. 46 of 1900.

INDIA-WEST COAST-COCHIN.

During the alterations to the light at Cochin, a temporary Fixed White Light will be exhibited from a platform near the existing tower. The date of exhibition of this light will be notified in due course.

THOS. G. R. FINNY.

Commander, R.I.M., Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900.

NOTICE TO MARINERS.

No. 47 of 1900.

INDIA-EAST COAST-PAMBAN.

During the alterations to the light at Pamban, a temporary Fixed White Light will be exhibited from a platform near the existing tower. The date of exhibition of this light will be notified in due course.

THOS. G. R. FINNY,

Commander, RIM, Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900.

NOTICE TO MARINERS.

No. 48 of 1900.

INDIA-EAST COAST-PULICAT.

During the alterations to the light at Pulicat, a temporary Fixed White Light will be exhibited from a platform near the existing tower. The date of exhibition of this light will be notified in due course,

THOS. G. R. FINNY,

Commander, R.I.M., Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900,

NOTICE TO MARINERS.

No. 49 of 1900.

INDIA-EAST COAST-ARMEGHON.

During the alterations to the light at Armegh ri, a temporary Fixed White Light will be exhibited from a platformi near the existing tower. The date of exhibition of this light will be notified in due course,

Presidency Port Office, Madras, 27th November, 1900.

THOS, G. R. FINNY,

Commander, R..M.. Presidency Port Officer,

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Abbot.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Dahyencheung.

Fookycan.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho. Kne Kee.

Kunecheong.

kwongchongloong.

Leeyick,

Leigh Orange.

Hongkong Station, 5th January, 1901.

Lewis.

Lewjon.

Otiusam Joginsecol.

Penrose.

Phelps Miss,

Ricalton.

Stuttgart-German Steamer,

Thehong.

Wardley.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5415, 5235.

F. VON DER PFordten,

Manager in China.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

Government of India.

NOTICE TO MARINERS.

No. 46 of 1900.

INDIA-WEST COAST-COCHIN.

THOS. G. R. FINNY.

Commander, R.I.M., Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900.

NOTICE TO MARINERS.

No. 47 of 1900.

INDIA-EAST COAST-PAMBAN.

THOS. G. R. FINNY,

Commander, RIM, Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900.

NOTICE TO MARINERS.

No. 48 of 1900.

INDIA-EAST COAST-PULICAT.

THOS. G. R. FINNY,

Commander, R.I.M., Presidency Port Officer.

Presidency Port Office, Madras, 27th November, 1900,

NOTICE TO MARINERS.

No. 49 of 1900.

INDIA-EAST COAST-ARMEGHON.

Presidency Port Office, Madras, 27th November, 1900.

THOS, G. R. FINNY,

Commander, R..M.. Presidency Port Officer,

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Abbot.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Dahyencheung.

Fookycan.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho. Kne Kee.

Kunecheong.

kwongchongloong.

Leeyick,

Leigh Orange.

Hongkong Station, 5th January, 1901.

Lewis.

Lewjon.

Otiusam Joginsecol.

Penrose.

Phelps Miss,

Ricalton.

Stuttgart-German Steamer,

Thehong.

Wardley.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5415, 5235.

F. VON DER PFordten,

Manager in China.

Address.

Letters.

Papers.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

POST OFFICE NOTICE.

Poste Restante Correspondence, 3rd January, 1901.

Address.

Letters.

Papers.

Address.

Letters.

Papers.

Address.

Letters.

Papers.

Address.

Letters.

| Papers.

pc.

Anable, H. D. Adams, A. H. Aloes, J. W.

Akcles, G. J.

Davidson Dupiguac

Draper. W. Drewitz, H.

Austin, T. P.

Daudort

Anderson, H.

Dawson, Mrs. P.

Adams, J.

Devenport, Dr.

Ath, G. P. D. Allison, W. R. Ahlmann, H. X.

Anderson, J. Albert, H. Alexander, R. Alladeen, Dr.

Duriot

Bowie. A. A.

Bell, T. M. Barnes Coy. Bush, D. F. Beddulph, L. S. Boyd & Co. Bryan, R. Boad, W.

Bun Heung Blomfield

Barry, Capt. J.

Bohm, O. Bailie, J. J.

Barber, T.

Baites

Barclay, Mrs. T.

Brander, W.

Boad, S.

Beyson, A. Bliefermcht

Chun Un Fook Chang King Cambell, Mr. M. Craig. Licut. T. Coats

Champion, J. F. Counsell. W. G. Cockburn, H. Cowden, H. S. Collard. J. B. Cassalond. D. Cailsen, P. W. Chamberlain, F. Collins, R. A. Carthy. E. T. M. Chan L. Feng Carr. B. L. Cregue, J. R. Cox. Mrs

Chisholm. G. P. Cambell, W. G. Cardova, Mrs.

F. M. Cotton, Dr. A. Cambell, J. Cooper. F. C. Cops, Mrs. J. II. Corah, A. M. Chevers. W G. Clark, Mrs. F. R. Coeksedge, J. U.

-- 2

Jackson, Capt. Josephi

Jones, G. H. B.

Kolls, Capt.

Knight, Mrs. H.

Krafft, B.

Kennedy, R. J.

Kennedy, R. P.

Entrican, Capt. J.

Kiraulioff, A. T.

Erol, Mrs. H.

Kirkwood. M.

Evans, J. H.

Klamberg

Embden, M.

Ellis, Mrs. F.

Feimberg, S. R. Funge, U. W. Fowell, P.

Fernandes. V. F. Fawcett, G. Fowler. C. M.

Furlonge, R. S. Fung Kee

Fernandes. D. Field. F. F. Fox. F.

Geiss, II. Gordon, J. C.

Gutt, A. H.

Gilluly, A. M.

pc.

Gleeson, R.

Gordan, J. N. Gradzizki Gillis, Mrs. G. Gedaljy Gquire, J. L.

Goclz, F.

Girling, G. R. Gillisie. J.

Grunstein. Mrs. B. Glassou Girling. A.

Gullcom, Mrs. |

S. C. Gutrude Geasy. B.

Hall, W. G.

Tunter, C. G. W. j'annaway, J.

Hongkong

Amateur Photo Club Hughes, G. H. Hearder. E. H. Hawkmatria Houstin. Miss R. Herman, G. Hookway. Miss E. Harding, C. L. Hakney. W. Harn, F. J. Hausen, C.

Kahnunsky, S.

Lyons. E.

Lauro, C. S. Lewis, H. W. Leitas, F.

Little & Co., D.

Lyons, J. Lyall, Hill Leaton, Mrs. Lowe, S. S. Lusbany, R. J. Lambton, Mrs. Lopez, Miss E. Luc

Lange, W.

Luidskong, M. Lynch, G. Lyon, C. H. Lenry, C.

Lambert, W. S. Lisette, A.

pe. Lassen, P. M.

Meyer

Marshal. P. H. Mitchel, Miss I. Montford. L. Murray, P. Moreau

Marshall. W.

Marshall. Miss A.

Munshi Hosain}

Sabile Salile

Marty. L.

Morris, R. C.

Moore, P. J.

Maclean, Rev.

M. E. Millar. J.

Mohammed. P. S.

Morrison, G. G. McDowall. J. McNamara, B. Marston. Mrs. J. Meyers, A. Moyi. Miss Moody, Dr. C. McConnell, A. E. Menzell. Capt. W Me' allough Masłowski Moutnenaix Miller. Capt. C', Mansfield, L.

Macmillan. A. C. Musso, L.

Marshell, Miss B. McGuir, Miss

A. M. Mayramaras MacBain, G.

New York &

Java Tra- ding Co. Norsk, J. S. Neill, Johu Newill, W. Norton, E. C. Negel. G. P. Nicholson, Mrs.

H. J. Norris, R. C. Notsrah. Mrs.

M. G.

Olpp Olaso. A. Osgood, A. Oldham, G. O'Dell. F. Oakley, H. E. Oswald, R. Oldenblerg

Pasar, II. Phipps, G. Plant, J. G. Patience, H. Phillips. W. B. Pomes. R. H. Pow Long & Co. Pillis

Panegeon, Mrs. Paterson, J. B. Pomery Miss Pezzal, J.

Patyn Piry, A.

Rahman, A. Remedios, D. J. Royal Asiatic

Society Remedios, A. C'. Robinson, ('. Rennie, F. Reid, Capt. C. F. Rocha, Mrs. F. A. Realton. J. Renogi. G, J. B. Ripton, Segt. F Rohr. W. Rising. F. II. Rose. K M.

Ricci & Co. Ross, Miss T. Ross. Miss M. J. Rafter. Major

J. A. Richardson. J. T.

pe Raustzen, E. P. pc. Ralston, A. G.

Reys, G.

Reyhill, W. Ross, A. J. Rodrigus. A. C. F. Roberts, A. W. Rott

Richardson. J. Reid, J. G.

Stanley, S. H. Simions, E. J.

Smith, F. H. Schultze

Schonaner, H. M. Shaw

Samborn, F. G. San Fat Sen Salvo, C.h. Skinner W. Spence. Lieut.

H. H. C.

Suindter. H. Spence, M. Silva, A. M. M. Simon, Dr. M.

Skordahl, J. Scott, G. M. Smith. H. M.

pc. Seaman, A. B.

Stewart, J.

Shariff. Miss M. S

Salisbury, J.

Syicks, S.

Stewart. Miss E.

Suidter. L.

Shares, D.

Spiudaller & Co.

Scheffer. I. T.

Scott, C. H. Smith, C. I. Smith, W. Smith, F. R. M. Skyes. S. E.

Schierhorst. Mrs. Shepherd, E. Sharrer, L. H. Smith. B. Sullivan. 0.

Thomas, K. Thomson, C. H. Todd, Capt. J. Trumpt. E. Thorne. Miss M. Tomé, T.

Upton

Wakelin, J. Wilson. James Waichu Wilson, Mrs. Wolder. J.

Williamson. T. H.

Weedon, G. Watson. H. G. Wallace, F. Walter, Mrs. P. Wolder. J.

Irvine, T.

bittrich. A. Drervs. Capt.

Jolmson. J. W. Jong Gee

Muller, P.

Marquis, N.

NOTE,="}k," means "book". "p." means." parcel."

"pc." means" post card." "pk.

means

"packet.

Dade, Mrs.

1 bk.

THE HONGKONG GOVERNMENT GAZETTE. 5тп JANUARY, 1901.

Andersen, Capt. H. F. A. Attias, T. S.

Ackermann & Co.. R. Abonne. S. A.

Adam, Miss

Aziz Khan Lapiz Abdul Khan

Anthony.

Abdul Rahman

Aldny Khan

Arjun Singh Auzulatos, G. N. Afzal Khan

Butchen, Singh Bagoo

Bagat Singh

Buckie.

Brandt. C.

Bakan Singh

Bhagwan Singh (4)

Baksha Singh

Bishen Singh

Brown, G.

Brandt, F.

Bauer, E.

Brown, I.

Budha Khan (2) Bull, P. Galvão

Carrington, J. C. Cadieux, Miss J. Cotewall, H. R. Connell, J. J. Chandi Singh

Coy, C.

List of Registered Covers in Poste Restante.

Crisp. Mrs.

Carum Baksb, (Umballa) Commander in Chief.

Calcutta Turf Club.

Caine Road No. 29 Chandar Pal Singh Counsell. W. G.

Danenberg, E. Davies. D.

Eldred. Mrs. Etiene. Gallilo Eleshal, E.

Evans, Capt. C. H. Eskell.

Earle. Miss S.

Frankel. H.

Filiberto, V.

Hicks. Col. Chas. B.

Harmston, Mrs. Geo, Hooker. Mrs. (. Harman Singh Heintz, H.

Hira Singh

Hooper, Mrs. A. F. Hinton, R. S.

Hakam Din

Hawan Singh Hoamei (2) Hollister, G. K. Hinda Singh

Ibrihim Khan

Ise Khan

Jules. Mme. R. Jackson, J. Jenkins. B. N.

Fritz Gerald, H. C. (New Joseph, S. S. Abdu!

York.)

Fazal Ahmed (2)

Falkenflick. S. (2) .

Falek. W.

Flores, J. S.

Fox, F. (2)

Forrest, Mrs. A.

Goldenberg, B. Geoghegan, N. M. Guria, M. Giese, A.

Gosselin. Comm. Ghulam Rasool

Cooper, A. J.

Hazam Singh

Kader Bap

Kala Singh

Kaplun, N. Kumraz Khan Knappstein. O. Kamman Singh Kurozuni, K.

Liaco, Cheang Lopes. Da. C. J. Lowe, W. S. Love, Mrs. R. Lam, Aron Lemaire & Co. Love. Mrs.

Little, Mr.

Ladha Singh Lovatt. Miss

Mandigs, A. L. Maula Bux Mahomed Akbar Manga Khan Mussa Khan Mohamed Khan Mondhini, Ph. Mangude Singh Makend Singh Mehta, C. E.

Ridont, J. T. H. Rustam Khan Ressurreccion, M. Rongier, J.

Shaminsky, S. Sultan Mahomed Smulas, H. Saloon. A. J. Sato, T.

Sahay Khan Saifa

Said Mahomed

Sassoon. P.

Munshi Hussain Shah Sahib Stanford. Mrs. M.

Moola Singh

Moller, W. A.

Mulla Singh

Maslovosky, M. W. Mulvany. Mrs. J.

Nicoll. Miss A. Naden, Thomas Nazal Khan Nalillo Bux Nihull Singh Nical, Miss M.

Owper. Geo. Ortiz, C. (3)

Pierra, D.

Pino. F. Lara y (3) Plant, J. S. (2)

Rajaram Singh Rahim Alli (2)

Thornhill. Capt.

Teves, Mariano Tomas, C. F. Telvier

Utter Singh Umetami, N.

Vasukhusing, Sgt. Veazey. Mrs. L. (2). Vetch. F.

War Singh Wan Pau Yau Wegener, Dr. (2) Weiss, Capt. T. L. Woods, T. S.

Young, F. H.

Zaiza, M. M. de

S.S. "Adato,"

S.S."

Amigo,'

多多

Bellerophon," 'Bergenhaus," S.S.Brand," Ship Buteshire," Ship "Buteshire." S.S." Carthage," S.S. Calchas," S.S. Calchas," S.S. S.S.

Changsha,' Dardanus,"

S.S.Decima," S.M.S."Gefion,"

S.S. "Glasgow,"

S.S. "Glenogle,

Haiching," S.S.Kirkfield,"

S.S.

List of Registered Covers for Merchant Ships.

.J. C. Renfrew.

F. Wallat.

K. Morgan.

.Capt. J. H. Svendsen. (2)

.Capt. J. Thornsen.

.P. M. Clay.

.C. Thomson.

.M. L. Miguon. .H. C. Beasley. Mr. Carefull. ..Capt. Tom Moore, ...J. Henderson. .O. Bohlan. Rollmann.

..B. Domenico, A.B.

Mr. Clements. E. F. Gibson. ..G. Dubren.

S.S. Lalpoora." S.S.

Menelaus."

S.S. Milos,"

S.S. Minto,".

S.S.

Munchen,"

Ship "Nevelle," Ship "Norwood," S.S.Penarth," S.S.Shantung, S.S. Shantung. S.S. Szechuen," Ship Sierra Estrella,' S.S. "Sydney," S.S. Taiyuan,' S.S.Ulysses,' S.S. "Utta." S.S. Vienna." S.S. Wongkoi.'

.A. Love.

..J. Ambrose (6).

.A. Hausen (2).

.Abdool Karim Ebrahim.

W. Rummler. ..Capt. D. Steven. .S. Takake.

Captain.

Capt. Quail. .Capt. Rebblemund. .Capt. Hall.

.S. Cruston. ..A. Lagrange.

.W. Pugh.

H. Weldon (2). M. England.. ...C. McLay.

.C. Schuuz.

Anden Oberingenior der offentlichen Arbeiten in Vladivostock. Ah Cheong.

Barclay, J. B.

Bevan, Archur Bornemann, Ferd.

Callamau, Grn. M. Counsell, W. G. Clark, W. W. (3)

Eckert. Miss R.

Fernandez. V, D.

List of Unclaimed Parcels.

Groves, Capt. T. W. Groves, Mrs. T. W. Geoghegan, Capt. S. Gottwaldt

Oakley, H. E.

Parpart, Kurt V.

Reynolds, E. M.

Spillane, W. G.

Tehitchagoff, Madame,

(Vladivostock.) Tang, T. H.

Vernon. L. D. Vetsh. Mad. F. (2)

Warrack, James

Yee Hong.

S.S.

List of Unclaimed Parcels for Ships

...J. McQueen.

.A. Samuelsen.

　　　　　　Benlawers,' S.S.Breamar," S.S. "Canton,

S.S. Carlisle City,'

S.S. S.S."

· Carthage,' Else," S.S.Independent,'

S.S. " Kaifong,"

S.S. "

Kumsang," S.S." Mausang,' S.S. Monmouthshire," S.S."Mozambique,"

.Gunn. G. Mercado.

.James Croll.

Capt. Lendon. Capt. Petersen (3). .Capt. A. Holtz.

H. S. Clifton (2). Hugh Cuthbertson. Wm. Whitton.

Capt. T. Kennedy. ...Capt. R. McCrom.

S.S."Nippon Maru," S.S. 6. Olympia,"

S.S.

• Frinz Heinrich," S.S."Queen Adelaide,' Transport Rewa," S.S. 4 Salamis," S.S. Strathgyle," S.S."

Tiger, S.S. ·Tritos," S.S. Victoria, S.S.Wingsang,' S.S. Yu Shun."

Capt. J. F. Allen. (2) .C. B. McMullen (3)

David Benjamin. .......................J. McMillan.

Wm. Mustarde. H. Earl.

.D. MacDonald. .S. Phral. M. Foyn.

.P. Nielsen (2)

.O. Wennberg.

Capt. Allan.

E. W. Clements.

Address.

THE HONGKONG GOVERNMENT GAZETTE, 5тп JANUARY, 1901.

Unclaimed Letters for Merchant Ships, 3rd January, 1901.

Letters.

Papers.

Address.

Letters.

| Fapers.

Address.

Ausgar

Anna Moore Annerley

Brant

Bungaree Boveric

Buckingham

Dilaj Dixie Deamara Devawongse

Elm Branch

Exe of London Eturia

Glenfarg Glenogle

pc. Hebe

Hitachi Maru Hoi Lee Hailar

Hatting

Hillglen

Barbloch

Falls of Neltic

India

Frankfort

Irene

Forest Dale

Cymberline

Fulwood

Cedar Bank

Claverdale

Carmanian

Goth

Glooscap

Caithness

Chang Reong

Claverdon

Claverly

Calypso

Letters.

Papers.

ลง

Address.

Morven Murani

Mozambique Monkseaton Maryanne

Neville Norwood Nagadan

Prudentia Penarth

Patrie

Paul Revère Pronto

INN

Letters.

⠀⠀⠀⠀⠀⠀ Papers.

Address.

South America

Stats Maru Sicilian Swanhilda

Sarphedon

Letters.

⠀ ⠀⠀ ⠀ ⠀ ' | Papers.

Tardis Tei Fu

I pc.

Goodiava

General Bac-

quedaur

Glenterrent

Khyber

Kitty

Kassala

Kong Mau

Lake Erie Lenpleo Lowenburg

Riverdale British

Rajah Roland

Rhipeus

Rio Negro

NOTE. bk." means "book." "p." means 6: parcel." "pc." means "post card,"

Vadala Valkyrian Victoria

West York Wilhelmina

Yorishima Maru

Bedbrook, J. A.

.Lentlen, S.W.

1 Letter.

Chan Iu Tan, Mrs....

Victoria, U.S.A.

Clarke, E.

...Broome

Cousin, J. B.

Hongkong

Davis, Mrs. A..

Perth, W.A.

Davis, T. J.

Fort Cudaky, Alaske

Davis, Mrs. W.

Colombo

Duncan, Mrs. J. A.

Yokohama

Emma, Miss

Melbourne

Flores, Anna F.

Dead Letters, &c.-5th January, 1901.

Johnson, Frku. I.

Macdongall, Rev. M. C.

Reheman, Abdul

Schroder, C.

Un Bok Wing

.Gothenburg .Hongkong .Berlin .Chiltern Hongkong .Colombo .Perth, W.A.

Hamburg

Amoy

Lo Im Sam

Luedke, J.

Mitchell, Joseph..

Row, Mrs. K.

Hongkong

Griffin, Mrs. C.

Montreal

Walker, Miss G.

Wright, T. W..

.Wawanesa. Man. .Amoy

10 10

1 Letter.

1 P. Card.

1 Letter.

The above letters have been returned from various places at which the addressees cannot be found, or have been refused. If not claimed

within ten days, they will be opened and returned to the writers.

List of Articles lying in deposit at the Base Post Office, British Contingent,

Arthur H. Adams, Esq. Dr. Abdussuttar Khan, Lt. C. J. L. Allanson, R.A.

Major T. L. Boulanger. J. C. D. Burton, Esq.

Qr.-Master Sergt. H. Brown. Capt. R. G. Burton. Sergt. T. Brooker.

B. Bebari Lall Chuckerhutty. Asstt. Surg. E. J. Culpeper.

Sergt. R. Clarke, 31st F.B., R.A.

Lt. A. J. Coke, 3rd P.C.

Lt. C. G. Campbell, 4th B.I. Major S, Comfort.

L. Darbari Ram, H.A.

Dulji, B.C.C.

Pte. G. Deacon.

Sub-Condr. W. Doolan.

Lt.-Col. C. M. FitzGerald.

China Expeditionary Force, 30th December, 1900.

Major A. A. Fraser. A. B. Fry, Esq., M.B. Goondoo Bhicajee Hitoorkar. Condr. W. D. Gray, A.S.O. Dr. J. C. Gillmon, Asstt. Surg. Sergt E. Hall, Comst. Dept. L. Hamir Chaud, Vety. Asstt. Staff-Sergt. W. Jones. Capt. R. E. H. James.

G. L. Jones, Esq., R.H.A.

Br. H. J. Jacob.

Lt. W. M. St. G. Kirke, R.A.

Gr. Lewis, 12,238.

B. Lall Chaud, S.S.K.

Mr. Charles E. Littlewood,

G. A. J. Kite.

C. H. McMinn, Esq.

Corpl. H. A. Mercer.

Capt. A. H. Montagu, 21st P.I.

L. Parbhudial, Storekeeper. Dr. L. J. Pisani.

L. Pirthi Chaud, Vety. Asstt. Ramlall Butler, c/o. Lt. Surtores. Major R. Ross, I.M.S.

Capt. C. G. Robson.

Lt. Cecil Schrottby, R.A. 2nd Lt. H. M. D. Shaw,

Capt. H. G. Sergeanot, R.A, Sheo Prasad, H.A.

Capt. C. W.

H. H. Syer, Esq.

nagal.

Capt. J. Thornhill, 6th M.I.

Mr. Oscar F. Temple.

Capt. J. O. Travers.

Sergt. F. Treadwell.

Capt. J. Wade, Engr. Sergt. Wake.

Capt. L. N. Younghusband, 19th B.L.

THE HONGKONG GOVERNMENT GAZETTE, 5тп JANUARY, 1901.

Shanghai and Australian Mails, 22nd September, 1900.

Advertiser, 18 Aug., 1900,

Black and White, 1 Au- Chronicle (The) 18 August,

gust, 1900.

Catalogues. Catholic Fireside (The) 7

July, 1900.

Church Missionary Gleaner,

June, 1900.

Journal de St. Petersbourg. Victoria Cross. La Méuse.

1900.

German Paper.

Union (The) 13 September, Yeoman (The) 18 August,

1900.

Angelus (The). Answers, 1 September, 1900.

Building World.

Cassell's Saturday Journal,

29 August, 1900. Cassiers Magazine, Septem-

ber, 1900.

Catalogues.

Chambers Twentieth Cen-

tury Readers.

Christian (The).

Collier's.

German Papers.

English Mail, 27th September, 1900.

Het Centrum, 28 June,

1900.

Irish Society, 1 September,

1900.

Journal D'Albert. Journal de St. Petersbourg.

King.

La Croix. Lancet (The) 1 September,

1900.

La Presse Medicale. La Stampa, (several co-

pies.) Le Soir. Liverpool Weekly Mercury,

25 August, 1900. Lloyd's Weekly Newspaper,

26 August, 1900. London Argus (The). London Missionary Society,

31 March, 1900.

Modern Society, 25 August,

1900.

Newguay Guardian.

News of the World, 24 Sample of Cloth.

August, 1900.

Ordered to the Front. Our Waifs and Strays.

Paris Fashions. People (The). People Friend. People Journal. Public Opinion, 24 August,

1900.

Ready, 19 September, 1900. Red Letter (The) 22 Au-

gust, 1900;

Snap Shots.

St. Giles Parish Magazine. Strand Magazine.

Sommaires des Journaux

Scientifiques.

Tiemann's Reprints. Times (The) 27 August,

1900.

Work.

Yorkshire Post. 31 August,

1900.

French Mail, 30th September, 1900.

Analicta

Sacri

Ordinis Fratrum Pracdecatorum,

Catalogues.

Christian World Pulpit, 5

August, 1900.

Corriere Della Sera.

Etude Biblique sur L'Epite

aux Romains. Epitre aux Ephésiens.

German Papers.

Country Life Illustrated, 18 Graphic, 23 August, 1900.

August, 1900.

Life of Faith, 25 July, Shanghai Daily News.

1900.

Le Gaulois du Dimanche.

Illustrated London News, Notis Bibliques.

Nouva Gazzette di 25 August, 1900.

gamo. Punch, 22 August, 1900.

Truth.

Ber-

World (The) 22 Aug., 1900.

Bollettinode Notizie Com- German Papers.

merciale.

Catalogues.

Folha (A).

Gazzetta degle Osperdali.

French Mail, 7th October, 1900.

Il Messaggero. Indianipolis Sentinel, 29

August, 1900.

Journal de St. Petersbourg.

La Geographie.

La Tribuna, (several co-

pies.) L'Illustrazione Italiana.

Marine Engineer (The) I

September, 1900.

People (The) 22 July, 1900.

Railway & Ships' Sanitary Appliances, Illustrated Catalogues of.

Seduta del Consegleo del

30 Leigleo.

Standard (The) ! Septem-

ber, 1900.

Tit Bits, 8 September, 1900,

Weekly Budget, 8 Septem-

ber, 1900. Weekly News, Sept., 1900.

Bombay Gazette, 20 Sep-

　　　　　　tember, 1900. British Medical Journal, 15

September, 1900.

Cadenza (The) Sept., 1900. Cork Weekly Examiner. Cassell's Saturday Journal,

　　　　　　29 August, 1900. Couto Corrente con la Vasta. Curiosity Shop (The).

Daily Express, 10 Septem-

ber, 1900.

De Echo.

English Mail, 12th October, 1900.

Devon Exter Gazette, 14

September, 1900.

Engineering, 14 September,

1900.

German Papers. Glasgow Weekly Herald. Greenock Telegraph, 6 Sep-

teinber, 1900.

Home Notes.

Il Piccolo Della Sera, (sev- Newcastle Daily Leader.

eral copies.)

Journal de St. Petersbourg.

La Croix.

La Gazette, (several copies.) Leicester Chronicle.

Le Patriot.

Le Petit Blin.

Le Soir.

La Politique Coloniale.

Lloyds' Weekly Newspaper.

Life of Faith, 22 August,

1900.

Overland Mail (The) 4 Sep-

tember, 1900.

Work,

Pearson's Weekly, 15 Sep-

tember, 1900. Peniel Missionary (several copies.) People (The).

Regiment (The).

Newspaper, Reynolds'

September, 1900.

Scraps, 8 September, 1900. Shanghai Mercury. Sporting Times. Sports Gazette. Sunday Stories.

Thieme's Nieuw

Advertin-

tierblad, (several copies.) Times (The).

Tit Bits.

Western Morning News, 11

September, 1900.

Ardrossan and Saltcoasts Herald, 14 Sept., 1900.

Bulletin (The) (several co-

pies.)

German Mail, 18th October, 1900.

Catalogues. Coleraine Chronicle (The) 15

September, 1900. Constitution (The) 15 Sep-

tember, 1900.

Evening Express, 7 August, Leader (The) 15 Sept., 1900.

1900.

Golden Penny (The) 28 July

and 4 August, 1900.

Lyttelton Times (The) 6

September, 1900.

Strand Magazine (The) Sep-

tember, 1900.

Pictorial Magazine, 4 Aug., Weekly News, 15 Septem-

ber, 1900.

1900.

THE HONGKONG GOVERNMENT GAZETTE, 51н JANUARY, 1901.

French Mail, 23rd October, 1900.

Arbroath Guide (The) 25 Christian Herald (The) 23 German Papers.

August, 1900.

Catalogues.

Central Christian Advocate,

29 August, 1909.

August, 190.

Home Words.

Don Marzio.

Evening Press, 21 August,

1900.

Il Mattino.

La Gazette Commerciale.

Le Petit Marseillais, (several Novidades, (several copies.)

copies.) Librairie Hachetta.

Movimiento d'ella Naviga-

zione.

People's Friend, 30 August,

1900.

Peniel's Missionary Work.

Al-Ah Ram.

Battshire Journal, 25 Sep-

tember, 1900. Bulletin Quarantenaire.

Caffaro, 28 September, 1900. Catalogues.

Child's Companion, October,

1900. Corriere Della Sera, 15 & 16

September, 1900.

English

Globe (The) 28 September,

1900.

Het Vaderland, (11 copies.)

Il Ciorno.

Jam-e-Jamshed, (6 copies.) Journal de Liege, (6 copies.) Journal de St. Petersbourg.

Mail, 28th October, 1900.

Le Jura Bernois, (several Nouva Gazzetta di Bergame. Soldier Bill.

copies.)

Le Patriote, (5 copies.) Le Pêle-Mêle, 22 July, 1900. Les Contemporaines, 29 Sep-

tember, 1900. L'Illustre Wallon. Lloyd's Weekly Newspaper,

23 September, 1900.

Madelina, a Red Cross Sister.

Evening Standard (The) 25 La Croix, 30 September, Newness of Life, (5 copies.)

September, 1900.

German Papers.

1900. La Perseveranza, (7 copies.)

North-China Herald, 25 July,

1900.

Photo Bits, 22 September,

1900.

Public Opinion, 28 Septem-

ber, 1900.

Red Letters, (3 copies.) Revista Portugueza, 20 Au-

gust, 1900. Roma, 19 September, 1900.

Societé Française des Char-

bonnages di Tonkin.

Statistica del Commercio Spe- ciale di Importazione e di Esportazione, 31 August, 1900.

St. James'

Gazette (The)

28 September, 1900. South African Trade Journal,

September, 1900.

Weekly Irish Times, 15 Sep-

tember, 1900.

Whiter Than Snow. World's Paper Trade Re-

view.

American and German Mails, 1st November, 1900.

Arbroath Guide (The) 8 Sep- Christian Herald, 6 Septem-

tember, 1900.

International Journal of Sur-

gery.

Bulletin Trimestrial de L'As-

sociation.

Canadian Contract Record,

19 September, 1900. Catalogues.

Answers, 11 August, 1900.

ber, 1900. Chicago Medical Times.

Export Trade.

Generous de Sera. Glasgow Weekly Mail.

Le Croix.

La Dépêche, (8 copies.) L'Avenir du Puy-de-Dome,

27 September, 1900. L'Echo de Paris. L'Eclair, (4 copies.)

Liverpool Weekly Mercury. Out Book.

Minnipely Daily Tribune

(The). Moneteur de la Hygiene Pu- blique, 1 September, 1900.

New York Weekly Press (The) 3 September, 1900.

French Mail, 6th November, 1900.

Daily News (The) 22 Sep- Il Rosario e la Noueva Pom-

tember, 1900.

pei, (6 Books.) International Journal, Sur-

gery of.

Black and White, 20 Sep Edinburgh Medical Mission-

tember, 1900.

Catalogues.

Cassel's Saturday Journal, 3

October, 1900.

Cork Constitution, 29 Sep-

tember, 1900.

Christian Intelligence, 10

September, 1900.

Agricoltura Moderna. Australasian Intercollegian,

1 September, 1900.

Blairgowrie Advertiser. Boletim Official.

Building News, 12 October,

1900.

Catalogues.

Chatham, Rochester

Brompton.

Crente, 6 October, 1900.

and

Daily Telegraph, 11 Octo-

ber, 1900.

D'Echo, (12 copies.)

ary Society, May, 1900. Electrical Engineer, Septem-

ber, 1900.

German Papers.

Helensburg and

Garlock

Times, 3 October, 1900. Hooner's Penny Stories.

De Tijd.

La Croix.

People's Friend, 3 Septem-

ber, 1900. San Francisco Chronicles, 2

October, 1900, Weekly Telegraph, 19 Sep-

tember, 1900.

Middlesex County Times, 29 Trusting and Toiling, 15

October, 1900.

Sept mber, 1900.

New York Herald, (several

copies.)

Le Jura Bernois, (several Notice to Mariners, 22 Sep-

copies.)

Le Petit Marseillais, (4 co-

pies.)

Le Petit Parisien.

Le Rêveil.

Lloyd's Weekly Newspaper,

3 September, 1900.

tember, 1900.

People (The) 29 July and

16 September, 1900.

Saturday Weekly Citizen, 29

September, 1900.

English Mail, 10th November,

Diario do Governo, 5 Octo-

ber, 1900.

El Mercuris, (several copies.) Engineering, 13 August,

1900.

German Papers. Golf Illustrated, 12 Octo-

ber, 1900.

Great Thoughts, 8 and 15

September, 1900.

Il Gazzettino, 15 Septem-

ber, 1900. Illustrated Mail.

Illustrated London

News,

13 October, 1900. Il Piccolo, (several copies.) Il Rosario e la Nouva Pom-

pei.

Journal de Liége. Journal de St. Petersbourg. Journal of the Department

of Agriculture.

La Croix.

La Gazzetta di Malta. La Vera Roma, (6 copies.) Le Journal d'une Fenuce de

Chambre

1900.

Lennox Herald (The). Le Patriote, (several copies.) Le Petit Bleu. Liverpool Mercury, 12 Octo-

ber, 1900, Liverpool Daily Post, 26

July, 1900. London and China Express, L'Osservatorio Romano, (11

12 October, 1980.

copies.)

Methodist Quarterly,

ber, 1900.

Octo-

Watch Word (The) 22 Sep-

tember, 1900.

West Sussex Gazette, 27

September, 1900. Week (The) 5 October 1900,

Yorkshire Herald, 6 Octo-

ber, 1900.

News of the World (The) 10

September, 1900.

Paisley & Renfrewshire Ga-

zette, 6 October, 1900.

Rinderbote.

Sample of Cloth.

Sailing List. San Francisco Chronicle.

Standard (The)

Sunday Companion, 6 Octo-

ber, 1900.

Moniteur Intérêts Materiels, Times, Weekly Edition.

(4 copies.)

Ultramar (0).

French Mail, 20th November,

Age (The) 15 October, 1900. Church Family Newspaper,

British Weekly, 9 August,

1900.

Brighouse News, 21 Septem-

ber, 1900,

Caffaro.

Cape, Argos Weekly Edition

(The) 3 October, 1900. Catalogues.

Christian, 27 Sept., 1900.

12 October, 1990. Colorado Medical Journal,

June, 1900.

Daily Chronicle (The) 18

October, 1900. Daily Mail, 17 October, 1900.

Engineering and Mining

Journal, 6 October, 1900. Engineer (The) 8 June, 1900. Engineer Telegraph, 6 Octo-

ber, 1900.

Engineer Times (The) 13

October, 1900.

1900.

Monthly Army List.

1900.

Le Depêche, (7 copies.) Life of Faith, 17 October,

1900.

Perthshire

Constitutional

Journal, 15 October, 1900.

Gazette (The) 13 October, Lloyd's Weekly Newspaper,

9 September, 1900.

Mi-sion World, 15 October,

1900.

Il Piccolo.

Japan Times, 9 November,

1900. Journal de Liêgc.

Leader (The) 13 October.

1900.

News of the World, 5 Octo-

ber, 1900. Newquay Guardian (The)

5 October, 1900. New York, (7 copies.)

Reveu de Indo-Chinoise.

Sample of Coffee,

Scotsman (The) 16 October,

1900. Southmolton

Gazette, 22 September, 1900. To-day, 11 October, 1900. Yorkshire Post (The) 11 Octo-

ber, 1900.

THE HONGKONG GOVERNMENT GAZETTE, 5тп JANUARY, 1901.

Acknowledgment

of God (The). Arkansas Methodist (The)

　　　　　　16 October, 1900. Army and Navy Gazette, 20

　　　　　　October, 1990, Australasian (The) 27 Octo-

ber, 1900. Association Amicable.

Black and White, 20 Octo-

ber, 1900. British Medical Journal, 27

October, 1900.

British Weekly (The) 25

October, 1900.

　　　　Cassell's Magazine. Cassell's Saturday Journal,

8 August, 1930. Catalogues.

Catalogue of Bacteriological

　　　　　Apparatus. Catalogue of Lanterns and

　　　　　　Accessories. Catalogue of Machine Tools. Catalogue of Physical and Practical Physics Appara-

tus.

Catalogue of Photographie Apparatus and Chemicals. Chambers' Journal.

English Mail, 24th November, 1900.

China's Millions, November,

1900.

Commercial Intelligence, 27

October, 190. Contemporary Review, Cork Weekly Examiner, 25

October. 19.0. Courrier du Val-de-Travers.

Daily Malta Chronicle, 25

October, 1900, Daily Telegraph (The) 22, 23, 24, 25, 26 and 27 Oc- tober, 1900. De Tijd. Dundee Advertiser, 24 Octe-

ber, 1900,

Educational

Review, Sep-

tember, 1900. Emporium, September, 1900,

Field (The),

Gazette Radomska. Genie Civil (Le) 20 Oetuber,

1900.

Germancher Lloyd. German Papers. Glasgow Weekly Herald, 20

October, 1900. Greenock Telegraph, 22 Oc-

tober, 1990,

Highla d News, 22 Septem- L'Iudependence

ber, 1900.

24 October, 1900,

Home Magazine, 22 & 29 September, 6 & 22 Octo- ber, 1900.

Gazzettino.

Illustrated London NowS, 11 Museo Pidi-Pizzoli in

Milano.

Il Seculo, 22 Oetob:r, 1900.

Japan Daily Mail, 15 No-

vember, 1900. Journal de Liége, (several

copies.) Journal de St. Petersbourg.

La Croix, (several copies.) L'Adriatico, 25 October, 1900. La Mense. Lennox

Herald (The) 15 September, 1900,

Le Moniteur des Cottes-du-

Nord.

Le Musion. Le Patriote, (several copies.) Le Petit Var, (several copies.) Le Petit Journal, 24 Sep-

tember, 1900. Libertas. Lloyd's Weekly Newspaper,

21 October, 1900.

Medicale,

Modern Society, 20 October,

1900.

Scientific American Supple-

mentary, 20 October, 1900. Singapore Exchange Market.

Report.

Stationery Trades Journal.

Morning Post (The) 23 Oc- Sports Gazette (The) 20 Oe-

tober, 1900.

Newport and Market Drap- ton Advertiser, 20 October, 1900.

Nieuwe Rotterdamsche Cou-

rant.

Northern Star, 25 October,

1900.

Otago Daily Times, 26 Sep-

tember, 1900.

tober, 1900.

Southampton

Times and

Hamshire Express, 13 Oc- tober, 1900. Sunday Magazine. October

1900.

Sydney Morning Herald, 3

November. 1900.

Times (The) 20, 22, 23, 24

& 25 October, 1900. Tit-Bits, 13 & 20 October,

1900.

Pall Mall Magazine, Octo- Tweede Kamor, (several co-

ber, 1980.

Pearson's, October, 1900. People's Journal (The) 6

October, 1900.

People's Friend, 15 October,

1900.

Perilous Times, October,

1900.

Publications of the Astrono- mical Laboratory at Go- ningen.

Regitre Recapitulatif.

pies.) To-day, 18 October, 1900.

Weekly Free Press (The)

20 October, 1900. Wiltshire Country Mirror &

Express (The).

Union (The) 22 November.

1900.

Young Ladies' Journal.

French Mail, 3rd December, 1900.

October, 19. Glasgow Weekly Mail, 20

October, 1900, Golden Penny (The) 3 Nov-

ember, 1900, Greenock Telegraph (The)

26 October, 1900.

Black and White, 22 Octo- Glasgow Evening News. 31

　　　　　ber, 1900. Bo'ness Journal (The) 26

　　　　　　October, 1900, British Baker (The) 26 Oc-

tober, 1900. British Medical Journal, 8 and 15 September, 1900. Bulletin (The) 27 Oct ber,

1900.

Catalogues, 27 October, 1980. Cheshire Observer (The) 27

　　　　　　October, 1906. China's Millions, November,

1900.

Christian Herald, 17 Octo-

ber, 1900. Cook's Australasiau Travel- lers' Gazette, I Nov., 1900.

Evening Post, 27 October,

1900.

German Papers.

Half Holiday, 3 November,

1900.

Harper's Monthly Magazine. Hereford Journal, (The) 27

October, 1900, Histoire Industrielle.

I Censulente Ecclesiastico. Il Gazzettino. Illustrated London News, 27

October, 1980.

II Seculo,

Dish Endeavour (The) Nov-

ember, 1900,

Japan Daily Mail, 20 Nov-

cmber, 1900.

Journal de Noticias. Journal Officiel. Journal de St. Petersbourg.

Ladies' Field (The), Lady's Realm (The). La Tribuna de Geneve. Le Propagatuer, November,

1900.

L'Estafette.

New York Tribune 27 Oc-

tober. 1900. Nineteenth Century, Oe-

tober, 1900.

Northern Countries Maga-

ziue, November, 1900.

Our Own Gazette, Novein-

ber, 1900.

Liddell's Weekly, 26 Oc- People's Friend, 29 October,

tober, 1990.

L'Italia Reale Corriere Va-

zionale.

M. A. P. (The). Monthly Magazine of Fie-

tion.

Mail and Express, 27 Oc-

tober, 1909, Montreal Philatelist.

New Penny Magazine (The)

27 October, 1900, New York Times (The) 28

October, 1900.

1900.

People's Journal, 27 October,

1909. Prabhat. Punch.

(QQuiver (The) October, 1900.

Record (The) 2 November,

1900.

Scotsman (The) 27 October,

1000. Scottish Sports Elustrated.

Semi-Weekly Colonist, 23

October, 1900. Sketch (The) 24 October,

1900. Standard (The) 30 October,

1900.

Sun (The) 28 October, 1900.

Times Weekly Edition, 2

November, 1960.

Tit-Bits, 27 October, 1900, Traveller (The) 20 October

1900.

Universal Market, 24 Octo-

ber, 1900. Union (The) 1 October,

1900.

Vasarnapi Zjag. Weekly Scotsman, 27 Octo-

ber, 1900. Weekly Press, 24 October,

1900.

World (The) 27 October,

1900.

American Wood and Cotton

Reporter, 6 September,

　　　　　　　1990. Associated Board of the Royal Academy of Music and the Royal College of Music.

Black and White, 3 Novem- her & 29-October, 1900. British Weekly, 8 November

& 25 October, 1900.

Cassier's Magazine, Novem-

　　　　　　her, 1980. Catalogues. Christian, 25 October, 1900. Christian Endeavour, 1 No-

vember, 1950.

Daily Malta Chronicle, 31

　　　　　October, 1990. Daily Telegraph.

English and German Mails, 9th December, 1900.

Engineering Magazine, No-

vemb. r, 1920. Engineering, 9 November,

1900.

Farm Field Garden (The) 3

November, 1900. Forget-me-not, 3 November.

1900.

Galloway Gazette, 27 Octo-

ber, 1900. German Papers. Glasgow Weekly Mail, 27

October, 1900, Greenock Telegraph, 30 Oc-

tober, 1900.

Hampshire Telegraph, 3 No-

vember, 1900.

Il Messaggero. Il Scculo, (several copies.)

Java Bode, (several copies.) Journal de St. Petersbourg, Journal of the Royal United

Service Institution.

La Croix. Lady (The) 8 November,

1900.

La Gazzette. La Gazzetta Dello Sport. Lancet (The) 10 November,

1900.

Lennox Herald (The) 27

October, 1900. Le Pariote, (several copies.) L'Escrime Française, 3 No-

vember, 1990. L'Etoile Belge. Lloyd's Register, Fritish and

Foreign Shipping. Liverpool Courier (The) 9)

November, 1900. Liverpool Weekly Post.

Life of Faith, 31 October, Sample of Cloth.

1900.

Sample of Cotton.

Lloyd's Weekly Newspaper, Scotsman (The) 31 October,

(6 copies.)

Medical Temperance Review. Mercy and Faith. Moniteur des Intérêts Mate-

rieles.

Morning Star, 1 November,

1900.

Natal Witness (The) 27 Oc-

tober, 1900.

New Court Pulpit (The). Notices to Mariners (7 books,)

People, 4 November, 1960. Politition, 2 November, 1900.

Queen (The). Quiver (The) November,

1000.

1900.

Scraps, 3 November, 1900, Strand Magazine (The). Sunday Stories. Sydney Morning Herald

(The) 5 November, 1900,

Weekly Box of Curios, 19

November, 1900. Wellington Journal & Shrews- bury News, November, 1900. West Kent Church Mission-

ary Gleaner, November, 1900. Writing Machine News, Oe-

tober & November, 1900,

Youth's Instructor, 1 No-

vember, 1909.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

Advertiser (The) 2 copies. Allenbury's Foods, 21 No-

vember. 1900. Amsterdamsche

Courant,

17 November, 1900. Anales de Electro Homeo-

potic.

Bollettino di Notizie Com- merciali, (several copies.) Book Circular, Nov., 1900. Book Lover (The). Bücher, (several copies.)

Calvert's Catalogues. Catalogues.

Caxtonian Quarterly (The). Chemist and Druggist. Christmas Harmsworth. Church Times (The) 16 No-

vember, 1900. Citrophen Supplement

(The) 2 copies. Courrier de Bruxelles, 22

November, 1900. Courrier della Serra. Colliery Guardian (The) 22

November, 1900.

Courrier de la Sambre. Cotton (The).

English and French Mails, 23rd December, 1900.

Deli Courant, 12 Decem-

ber, 1900. Deutsche Koloniatzertung,

22 November, 1900. Deustche Nachrichten, 15

November, 1900. Die Woche, (several copies.)

Engineering Directory. Essex County Standard

(The). Evening Express, (several

copies.) Exporteur. Export Price List.

Feuille d'Avis de Laus-

aune, (several copies.)

Gebiete Survescas (Des). German Papers. Glasgow & Co., Alexander

Young, (2 copies.) Glasgow Weekly Mail, 17

November, 1900. Graphic (The).

Hibernian (The) 2 copies.

Idler, September, 1900.

3 November, 1900.

Deccan Post (The) 17 Au- Illustrated London News.

gust, 1900,

Illustrated Sporting & Dra-

matic News (The). International Kennel Re- view (The) Nov., 1900.

Journal de Liège, (several

copies.)

Kleine Courant, (2 copies.) Kodak, August, 1900.

La Bourse Pour Tous, 17

November, 1900, La Croix, (several copies.) La Croix de la Lozère, 4

November, 1900.

La Moda Illustrata. La Stampa. 15 Nov.. 1900. Laundry Journal (The). La Vera Roma, 28 Novem-

ber, 1900.

Le Courrier de Londres et

de Paris.

La Vie Illustrée, 9 Novem-

ber, 1900.

vember. 1900.

L'Etoile Belge, (several co-

pies)

Letour du Moule. · Lloyds Weekly, 18 Novem-

ber. 1900.

Lloyd's Weekly Newspaper,

(several copies.) L'Osservatore Romano, 19

November, 1900.

Manufacture Française

d'Armes de St. Etienne, (several copies.) M. A. P., 17 Nov. 1900. Methodist Monthly Adver

tiser, (2 copies.). Missions Blad, (several co-

pies.)

Narodine Noving, 20 No-

vember, 1900. Neurasthenia & Neuralgia. Notes by the War, (several

copies.)

Leco di Bergamo, 21 No- Penny Illustrated Papër.

People (The) 23 Septem-

bor, 1900. Yeople's Friend, (several

copies) People's Journal.

Lennox Herald (The) 13

October, 1900.

Le National Illustré. L'Estafette, 15 Nov., 1990.

People's Sunday (The) 18

November, 1900. Petite Bibliotheque Chre- tienne, December, 1900. Persian Papers. Preis Liste. (several copies.) Pelican (The) 17 Novem-

ber, 1900. P'ulman's Weekly News.

Regious Beyond,'(2 copies.) Religious Tract Society.

Scottish Provident Institu-

tion (The).

See Maschinisten Zeitung,

(several copies.) Sketch (The). Statistica de Exportazione. Stocks Samples. Strange Voyage (A). Suffolk Chronicle & Mer- cury, 14 November, 1900.

Ultramar (0), Uppfyllens Med-Anden.

Vasáruapi Ujeaos.

Weekly. Scotsman, 24 No-

vember, 1900. Welcome, (2 copies.)

Advertisements. Alexander Young & Co., (2

copies.) Arbroath Guide (The) 17

November. 1900. Armour's Star Brand. Australasian Travellers' Ga-

zette.

Bahadur.

French, German and American Mails, 31st December, 1900.

Bangkok Times (The) (sev-

eral copies.) Baptist (The) 22 Novem

ber, 1900.

Bath Oliver Biscuits. Black & White, (2 copies.) Blue Jacket. Bollettino di Notizie Com-

merciali, (2 copies.) British Medical Journal. 1

December. 1900, Bücher, (several copies.)

Chinese Newspaper, (2 co-

pies.)

Contract Record, 14 Novem-

ber, 1900.

Corriere Della Sera. (scv-

eral copies.)

Der Riechebote, (several

copies.) Dunoon Observer & Argyll

shire Standard, 24 Nex- ember, 1900.

Edison Records. Engineer (The) 23 Novem-

ber. 1900. Evangelist (The) 15 Nov-

cmber, 1900. Evening Chronicle (The) 5

October. 1900. Evening Citizen (The). Export Preisliste.

Buffalo Illustrated Express. Eyre & Spotteswoode's.

17 November, 1900,

Calendar (The) Mrs. Geof-

frey. The Peak, H'kong. Cerit Etlar.

Catalogues of Civil Service Supply Association, (3 copies.) Catalogue of Modern Pooks. Chatham & Rochester News.

24 November 1900. Chemist & Druggist (The)

(2 copies.)

Family Herald, (several co-

pies.)

Flesh is Weak (The) Freie Presse, (several co-

pies.)

French Weekly, 17 Novem-

ber. 1900.

Gazetta Degli Ospedali, 8

November, 1900. Gazette de Liège, (several

copies.) German Papers.

Glasgow Weekly Herald,

(several copies.) Glasgow Weekly Mail, 24

November. 1900. Golden Penny (The) 24

-November, 1900. Grantham Journal (The) 17

November, 1900. Graphic (The). Greenock Telegraph & Clyde Shipping Gazette, 19 Nov- ember. 1900.

Heil Petrus (laver. 1 Nov-

ember, 1900. Hull News, 17 Nov., 1900.

La M-use.

La Tierra de Mexico, Nov-

ember, 1900.

La Tribuna, (several copies.) L'Eco di Bergamo, 22 Nov-

ember, 1900.

Le Petit Marseillais, (2 co-

pies.)

L'Estafette, 22 Nov. 1900. Library of Famous Litera-

ture. (The). Life of Faith. 21 Nov., 1900. Liverpool Echo (The) 28

November, 1900. Liverpool Weekly Mercury.

(2 copies.)

Huntly Express (The) 23 Liverpool Weekly Post, 24

November, 1900.

November. 1900, Lloyd's Weekly Newspaper.

(several copies.)

Market Report.

Il Giornale del Soldato, 18 L'Osservatore

November. 1900, Illustrated London News. Illustrated Price List. Irish Catholic (The) 24

November, 1900,

Japan Daily Mail (The) 17

& 18 December, 1900,

Journal de Liège, 28 Nov-

ember. 1900.

Journal de st. Petersbourg,

25 November, 1900. Journal Officiel, 29 Novem-

Kleine Africa Beblirithek,

15 November, 1900.

Triestino.

Our Almanac, 1901.

People (The) (sev、ral co-

pies.)

Persian Papers (several co-

pies.) Petroleum.

Publications & Remanders. Presbyterian Church Dur ing the Nineteenth Century.

Royal Engincers' Journal,

1 December, 1900.

Scripture Union (The) Semaine Religieuse, 2 Dec-

ember, 1900, Sketchy Bits.

Spectator (The) 10 Novem-~

ber, 1900,

Strand Magazine (The) (6

copies.)

Strange Marriage Customs.

(several copies.)

Mechanical World, 30 Nov- Sydney Morning Herald

ember. 1900. Motto Per Bidere.

Newcastle Weekly Chro- New & Forthcoming Works.

nicle. 17 November, 1900. New York Herald, (several

copies.) Northampton Herald, 1

December, 1900. Nursery Calender (The)

1001,

(The) 6 December, 1900. Syren & Shipping !lus-

trated. 21 Nov., 1900.

Tit Bits, 1 December. 1990,

Weekly Scotsman. Weekly Times (The) 10

November. 1900. Western Daily Mercury, 12

November, 1900, World (the) 17 Nov., 1900.

Books without Address.

La Rassegna Nazionale.

Master Christian (The).

Nomenclature of Discases (The) 6 books.

Man that corrupted Hadleyburg, E.C.-By Mark Twain. University of Durham College of Medicine.

General Post Office, Hongkong, 5th January, 1901.

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

六五

磚料投投

及及得得

憲示第六號

輔政使司

曉諭開投官地事現奉

督憲札開定於西歷本年正月二十一日卽禮拜一日下午三點鐘在工務司署開投官地一段以七十五年爲管業之期期滿可再管業七十五年惟須遵照工務司再定之地稅銀輸納等因奉此合出示曉諭爲此特示

該地一段其形勢開列於左

此號册錄九龍內地段第一千一百一十七號坐落望角嘴該地四至北邊四十七尺六寸南邊四十七尺六寸東邊一百六十尺西邊一百 -尺共計七千六百方尺每年地稅銀八十八圓投價以七千六百

計開章程列左

一极地之價由限底銀數加上以價高者得倘二三人或多人同價互相爭論則在各投價内擇一價爲底再投

二各人出價投地每次增價至少以二十圓爲額

三极得該地段之人自槌落之後卽遵例簽名於合同之下由投得之日起限三日內須將全價在庫務司署呈繳

四投得該地段之人由投得之日起限三日内須在田土廳繳銀十五圓以備工務司飭匠用石塊刻好詿明册錄號數安立地每角以指明性至等費

該地設之人於印契時俐應將公十五圓呈田土廳六投得該地段之人由投得之日起計限以二十四個月內須用堅固材

平之法建屋宇一間或多間在該地内以合居住該屋以石或磚及灰坭築川瓦蓋面或用工務司批准別樣之物料而造必須

爲

牢實可經久遠其餘其餘各欸須按照各建築屋宇及潔淨隨時在本港頒行則例章程建造此等增善工程估值每丁方尺至少以一圓爲度

七投得該地以之人須於西歴本年六月十四日將其一年應納稅銀按月數分納庫務司自後每年須分兩季清納卽於西十二月十五日先納一半其餘一半限至西歷六月十四日完納至七十五年北

八极得該地之人俟將所有一切章程辦安合工務司之意始准領該地官契由投得之日起準其管業七十五年照上地形勢所定稅每年分兩季完納卽於西歷六月廿四日納一半西十二月十五納一半並將香港内地投官契章程印於契內

九投得該地服之人倘有錯誤未遵章程即將其呈繳之地價錢一份或全數入官或可勒令其遵章程辦理或隨時隨處不論用何方法再將 -該地開設倘再開投所【值較前投之價若有贏餘全行入官如有短織及一切費用概令違背章程之人補足或將該地歸官作爲未經出投而仍將投得該地人之全價入庫日後再將該地出投倘有短織及一切費用槪令前投得該地人補足

十投得該地設之人由投得之日起將該地段其管業額外章程

凡投得該地皮之人須將該地服各邊之地填平爲接連該地之街或巷一半闊均造至台工務司意爲度

業主立合同式

立合同人某某于某年某月某日投得某處地價應遵照上列投賣章

投

數

此號册錄九龍內地段第一千一百一十七號每年地税銀八十八一千九百零一年

正月

初五日示

THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

憲示第四號輔政使司

曉諭事現奉

保家信一封馮黎昌收人保家信一封交鄭水收入

保家信一封变和安疋頭店收入

保家信一封交吳炳南收入保家信一封交馮封交馮昌黎收入

現有要信數封由外埠附到存貯

郵政總局如有此人可卽到本局領取兹將原名列左

保家信一封交張典收入保家信一时交張林收入保家信一封变王通收入保家信一封交葉亞恩收入保家信一封交袁荔村收入保家信一封交德閏收入保家信一封交阿福收

督憲札將庫務司之示開列於下俾衆週知等因奉此合行出示此

諭爲此特示

保家信一封交裕興陳云石收入保家信一封交容天煬收1 保家信一封陳鳳誥收保信一封交唐云山收床家封交勞刃經樓交保安安號

一千九百零一年

正月

初五日示

庫務司譚

諭知完納餉項事照得本港所有估擬本年春季

國餉定期西歷一千九百零一年正月三十一日內以前爾各業主及居各屋之人須先行完納如二月二十八日內以前仍未輸納不必再行示諭卽可按照一千八百八十八年第十五條估價則例章程在

桌憲衙門控追倘於正月內未先期完納餉項不得領回吉屋餉項各

宜凜遵毋違特示

一千九百零一年

正月

初三日示

爲

郵近

保家

付付

保家信封交黃華德收入保家信一封交卓厚先收

家信一封交 <馮昌黎收

保家信一封交交保安行行收入

家信一封及朱堅收入

家信一封交吳長賢收入

保信一封交程賢集收入

保家信一封交尖沙咀新六間未學明收A

保家信一封交經華

保家信一封交名利收入信封交葉蘭

信一封交李

信一封交李橋收A

保家信一封交李保冢,一封交兪

到交兪福收

保家信一封 !廣昇利收入

保家信-封

保家信一封交楊經生

保家信一封交鄭湄洲收入

-由外埠附囘吉信數封無人到取現由外附回香港

政總局如有此人

付上海

胡玉嬌收

付吉冷信一

付花旗信一封交陳蓉收付神戶信一年蘇紹濂付庇老信一封交吳順收入舊金山信-封陳占均收人紀信一封交周慶收入付舊金山信-封交林有容收付檀香山信一封願德柱收入

局領取兹將原名號列左

付上海信一封交鄺錦池收入檀香山信一封交李會收入山信一埒交陳瑞文收

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THE HONGKONG GOVERNMENT GAZETTE, 5TH JANUARY, 1901.

NOTICE.

HE authority hitherto held by Mr. HANS

THERM

THE TRADE MARKS ORDINANCE, 1898.

WILHELM HERMANN EHMER to sign OTICE is hereby given that OGDEN'S LIMITED, of No. 33, Wapping, Liverpool, Eng-

per procuration the name of our Firm at Hongkong, Shanghai, and Hankow expires on this date.

MEYER & Co.

Hongkong, 31st December, 1900.

NOTICE.

Whare this and Mr. FELIX LORRIA as

E have this day admitted Mr. HERMANN

Partners in our Firm.

GROSSMANN & Co.

Hongkong, 1st January, 1901.

THE WEST POINT BUILDING. COMPANY, LIMITED.

NOTICE is hereby given that the Twelfth

　　　　　　Ordinary Meeting of Shareholders in this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 24th January, 1901, at 11.30 o'clock a m., for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1900.

　　　　The Register of Shares of the Company will be closed from Tuesday, the 15th January, to Thursday, the 24th January, (both days inclu- sive), during which period no transfer of Shares can be registered.

By Order of the Board of Directors,

A. SHELTON HOOPER,

Secretary to the Hongkong Land Investment and Agency Company. Limited,

General Agents for The West Point Building Company, Limited.

Hongkong, 4th January, 1901.

THE HONGKONG LAND INVESTMENT

AND AGENCY COMPANY, '

LIMITED.

NOTICE is hereby given that the Thir-

　　　　　　　teenth Ordinary Meeting of Share- holders in this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 24th January, 1901, at 12 o'clock noon, for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1900.

　　　　The Register of Shares of the Company will be closed from Tuesday, the 15th January, to Thursday, the 24th January, (both days inclu- sive), duling which period no transfer of Shares can be registered.

By Order of the Board of Directors,

A. SHELTON HOOPER,

Secretary.

Hongkong, 4th January, 1901.

THE SHANGHAI ENGINEERING, SHIP- BUILDING AND DOCK COMPANY, LIMITED.

　　The frequisite majority at an Extraor- dinary Meeting of the Company held on the Twenty-second day of October, One thousand and Nine hundred, and were confirmed at a subsequent meeting of the Company held on the Twelfth day of November, One thousand and Nine hundred :-

HE following resolutions were passed by

(1.) That as soon as the sale of the Com- pany's property and business sanc- tioned at the Extraordinary General Meeting held on the Twenty-second day of August last has been com- pleted the Company be wound up voluntarily.

(2.) That the present Board of Messrs. S.

C. FARNHAM AND COMPANY, LI- MITED, be, and they are hereby appointed, Liquidators for the pur- pose of such winding up, with power to divide the assets of the Company among the Contributories in Specie.

OSBORNE MIDDLETON, Chairman of the Directors of the Shanghai Engineering, Ship- building and Dock Com- pany, Limited.

Filed this 21st day of November, 1900.

J. W. NORTON KYSHE, Registrar of Companies,

land, Tobacco and Cigar Manufacturers, have on the 6th day of September. 1900. applied for the registration in Hongkong, in the Register of Trade Marks, of the following Trade Mark :-

AGENZICO OGDEN'S, LTD.,

Factumas

MAPAN, NORWAY, SWEDEN, EWITZERLAND, GIBRALTAR G SUSTRALASIA, INDIA, SOUTH AFRICA WEST COAST AFRICA, WEST INDIER Cornwallie Straat, LIVERPOOL. Eng Wapping and

OGDEN'S GUINEA GOLD

~> ૪

CIGARETTES

Sweet & Fragrant

ཙི

MANUFACTURED BY OGDEN'S L

LIVERPOOL, ENG.

10 HIGH GRADE VIRGINIAN CIGARETTES.

GUARANTEED ABSOLUTELY PURE

These Cigarettes have obtained a world-wide reputation.

in the name of OGDEN'S LIMITED who claim to be the sole proprietors thereof.

The Trade Mark has been used by the applicants in respect of the following goods, namely:-Tobacco, Cigars, Cheroots, Cigarettes and Squff in Class 45.

Dated the 27th day of November, 1900.

THE TRADE MARKS ORDINANCE, 1898.

NOTICE is hereby given that LAMBERT

AND BUTLER, LIMITED, of 141, Drury Lane, London, England, Tobacco Manufactu rers, have on the 12th day of October, 1900, applied for the registration in Hongkong, in the Register of Trade Marks, of the following Trade Mark :-

CHANGE

STORMY

VERY FINE

CIGARETTES

MANUFACTURED BY

LAMBERT&BUTLER

LONDON.

in the name of LAMBERT AND BUTLER, LIMI- TED, who claim to be the sole proprietors thereof.

Applicants in respect of the following goods, namely, tobacco, cigars, cheroots, cigarettes

The Trade Mark has been used by the

and snuff in Class 45.

Fac-similes of the Trade Mark can be seen at the Office of the Colonial Secretary of Hongkong and also at the Offices of the under- signed.

Dated the 3rd day of November, 1900.

MOUNSEY & BRUTTON, 39 and 41, Des Voeux Road, Victoria, Hongkong,

on behalf of the Applicants.

BOOKS

DESIGNED FOR THE USE OF

ANGLO-CHINESE SCHOOLS

DR. WRIGHT, Head Master, Queen's College,

HONGKONG.

Exercises in English Conversation,

(1-2), (3-1),

| (5-6),

40 Cents. 30 30

NORONHA & Co.,

Printers and Publishers.

Hongkong, May, 1898.

MOUNSEY & BRUTTON,

39 & 41, Des Voeux Road, Victoria, Hongkong,

On behalf of the Applicants.

NOW READY.

A NEW ANd Revised EDITION

"THE LAWS OF STORMS IN THE EASTERN SEAS "

INVESTIGATED BY

W. DOBERCK,

Director of the Hongkong Observatory.

(In pamphlet form, 39 pp. Royal 8vo.)

PRICE: 50 CENTS EACH COPY.

Loose Copies of METEOROLOGICAL SIGNALS,"

10 Cents each.

NORONHA & Co.. Printers and Publishers,

Hongkong, June, 1898.

NORONHA & Co.

PRINTERS, PUBLISHERS & STATIONERS,

and

Printers to the Government of Hongkong, Nos. 47 & 49, DES VŒUX ROAD, HONGKONG.

ESTABLISHED 1844.

Letter-Press Printing, Copper-Plate Printing, Play-bills, Hand-bills, Programmes, Posters, &c., &c.,

neatly printed in coloured ink.

THE

HONGKONG GOVERNMENT GAZETTE."'

SUBSCRIPTION:

Per annum, (payable in advance),..............$15.00 Half year.

(do.),

Three months, (do.),

Terms of Advertising:

.$1.00

For 3 lines and under,. Each additional line...... ..$0.20 In Chinese--for 25 cha-

racters and under....................... $1.00 Each additional character, 4e. Repetitions.. Half price.

9.00 5.00

for 1st insertion.

Unless otherwise ordered, all advertisements will be repeated until countermanded.

Advertisements intended for insertion should be sent in not later than 10 A.M. on Saturday.

Printed and Published by NORONHA & Co.. Printers to the Hongkong Government,

DIE

SOIT

• QUI·

MON

DROIT.

THE HONGKONG

Government Gazette.

報門轅港香

Published by Authority.

No. 2.

VICTORIA, SATURDAY, 12TH JANUARY, 1901.

VOL. XLVII.

號二第

日二十二月一十年子庚

日二十月正年一零百九千一簿七十四第

GOVERNMENT NOTIFICATION.-No. 9.

　　　It is hereby notified that Her Majesty has not been advised to exercise her power of disallowance with respect to the following Ordinances -

Ordinance No. 26 of 1900, entitled---An Ordinance to amend the Law with respect to the Jurisdiction exerciseable in cases relating to the Receipt or Possession of Stolen Property.

Ordinance No. 28 of 1900, entitled---An Ordinance to amend the Widows and Orphans

Pension Fund Ordinance, 1900.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 9th January, 1901.

GOVERNMENT NOTIFICATION.--No. 10.

　　　His Excellency the Governor has been pleased to appoint GEORGE HERBERT WAKEMAN to be ♬ Justice of the Peace for the Colony.

Government Notification No. I published in the Gazette of the 5th instant is hereby cancelled.

By Command,

Colonial Secretary's Office, Hongkong, Sth January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.--No. 11.

His Excellency the Governor has been pleased to make the following acting appointment

REGINALD FLEMING JOHNSTON to be Acting Clerk of Councils, with effect from this date.

By Command,

Colonial Secretary's Office, Hongkong, 9th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 12.

His Excellency the Governor has been pleased to appoint Lieut.-Colonel GEORGE ARTHUR HUGHES, M.B., D.S.O., R.A.M.C., Principal Medical Officer, to be a Member of the Sanitary Board, vice Major HENRY HERBERT BROWN, R.A.M.C., resigned.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 13.

The following Circular Despatch is published.

By Command,

Colonial Secretary's Office, Hongkong, 10th January, 1901.

CIRCULAR.(2)

SIR,

J. H. STEWART LOCKHART, Colonial Secretary.

DOWNING STREET,

29th November, 1900.

　In continuation of my Circular despatches of the 15th February, 1st May and 2nd September, 1899, and the 30th ultimo, and in confirmation of my telegram of the 27th instant, I have the honour to inform you that arrangements have been made for the adoption in the Transvaal and Orange River Colony of the Imperial Penny Postage Scheme for letters from the 1st December next.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

GOVERNMENT NOTIFICATION.-No. 14.

The following Circular Despatch with its enclosure is published.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

CIRCULAR.

SIR,

J. H. STEWART LOCKHART, Colonial Secretary.

DOWNING STREET,

17th November, 1900.

　I have the honour to transmit to you, with reference to previous correspondence, the accompany, ing copies of a Memorandum on measures to be taken for the prevention of Malaria, which has been drawn up by Sir MICHAEL FOSTER, K.C.B., F.R.S., and approved by Lord LISTER, President of the Royal Society.

　2. I request that you will cause this Memorandum to be brought to the notice of such persons as you may think best.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

MEASURES TO BE TAKEN FOR THE PREVENTION OF MALARIA, by SIR MICHAEL FOSTER, K.C.B., F.R.S., M.P., and approved by LORD LISTER,

President of the Royal Society-28th July, 1900.

Malaria (ague, intermittent fever) is due to the presence in the blood (in the corpuscles of the blood) of a minute organism. An attack of the fever is coincident with, and due to an active phase of, this organism; it then multiplies in a remarkable manner. Between the attacks the organism is quiescent and dormant; it may remain so for a long time.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 13.

The following Circular Despatch is published.

By Command,

Colonial Secretary's Office, Hongkong, 10th January, 1901.

CIRCULAR.(2)

SIR,

J. H. STEWART LOCKHART, Colonial Secretary.

DOWNING STREET,

29th November, 1900.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

GOVERNMENT NOTIFICATION.-No. 14.

The following Circular Despatch with its enclosure is published.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

CIRCULAR.

SIR,

J. H. STEWART LOCKHART, Colonial Secretary.

DOWNING STREET,

17th November, 1900.

　2. I request that you will cause this Memorandum to be brought to the notice of such persons as you may think best.

I have the honour to be,

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

The Officer Administering the Government of

HONGKONG.

MEASURES TO BE TAKEN FOR THE PREVENTION OF MALARIA, by SIR MICHAEL FOSTER, K.C.B., F.R.S., M.P., and approved by LORD LISTER,

President of the Royal Society-28th July, 1900.

the hongkong GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

Recent researches have shown that, at least in the vast majority of cases, probably in all cases, the organism is introduced into the blood, and thus the disease contracted, by the bite of a mosquito, generally, if not always, one species or other of the genus known as anopheles. The anopheles bites a malarious person, ie., a person whose blood contains the organism, and sucks up with the blood the organism. This organism develops and increases in the body of the anopheles, and there pro- duces germs which pass into the salivary glands and proboscis of the insect. Hence when the mosquito bites another person, it introduces the organism into the blood of that person and so starts the disease.

Every individual anopheles is not necessarily infected with the organism, but in a district where malaria occurs the probability is very great of any anopheles being so infected.

　　　　　Hence malaria, in the vast majority of cases, probably all cases, may be prevented, by preventing oneself from being bitten by an infected anopheles.

Prevention may be secured-

1. By avoiding all bites of mosquitos.

A. By living in rooms to which the entrance of mosquitos is completely shut off by thin

meshed gauzes to windows, doors, &c.

B. By sleeping under adequate mosquito curtains-the anopheles generally bites in the

night or evening.

2. By avoiding sleeping or living near native huts in regions favourable for malaria. Although the natives become acclimatised to the disease as they grow up, and the adults do not suffer from malaria, the organism is very frequent in the blood of native children, and anopheles in or near native huts are very commonly infected. Hence anyone who sleeps in or even near native quarters runs the risk of being bitten by an infected anopheles and of catching malariar

3. By preventing malarious persons from being bitten by mosquitos. A non-infected anopheles is harmless; it is only when it has fed on blood of a malarious person that it can propagate malaria.

　　　　　The above are the most important means of prevention, but much may be done by diminishing the number of anopheles. These very frequently breed in small pools, and puddles of water on the ground-puddles mostly of a fairly perinanent description, kept filled by the rain and not liable to scouring out during heavy showers. Hence, if these pools are filled up or otherwise abolished, the number of anopheles may be largely diminished, and the chance of infection correspondingly lessened.

The increase of anopheles is also diminished by pouring kerosene, &c., on their breeding pools. These measures should not be neglected, but the most important steps are:-

bites.

1. To avoid sleeping or living near native huts or other haunts of malaria-infected anopheles. 2. To avoid being bitten by infected mosquitos, which is best effected by avoiding all mosquito

GOVERNMENT NOTIFICATION.- No. 15.

The following is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 10th January, 1901.

POSTAL NOTES.

1. Postal Notes of the values named below, payable within three months at any Post Office in the United Kingdom, or at Constantinople, can be obtained at Hongkong or at any British Post Office in China at the following prices, which include Commission:-

1/- 1/6..

5/-

10/

20/-

50 cents. 75 $ 2.50 ......$ 5.00 ...$10.00

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　He 2. The purchaser of any Ptal Note must fill in the Payee's name before parting with it. may also fill in the name of the Office where payment is to be made. If this is not done the Note is payable (within three months) anywhere in the United Kingdom, or at Constantinople. Any Postal Note may be crossed to a Bank.

　　　　　3. Postal Notes should always be forwarded in Registered Covers. If this precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.

4. Postal Notes issued in the United Kingdom are NOT payable in Hongkong or China.

GENERAL POST OFFICE,

HONGKONG, 7th January, 1901.

the hongkong GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

Every individual anopheles is not necessarily infected with the organism, but in a district where malaria occurs the probability is very great of any anopheles being so infected.

　　　　　Hence malaria, in the vast majority of cases, probably all cases, may be prevented, by preventing oneself from being bitten by an infected anopheles.

Prevention may be secured-

1. By avoiding all bites of mosquitos.

A. By living in rooms to which the entrance of mosquitos is completely shut off by thin

meshed gauzes to windows, doors, &c.

B. By sleeping under adequate mosquito curtains-the anopheles generally bites in the

night or evening.

3. By preventing malarious persons from being bitten by mosquitos. A non-infected anopheles is harmless; it is only when it has fed on blood of a malarious person that it can propagate malaria.

The increase of anopheles is also diminished by pouring kerosene, &c., on their breeding pools. These measures should not be neglected, but the most important steps are:-

bites.

1. To avoid sleeping or living near native huts or other haunts of malaria-infected anopheles. 2. To avoid being bitten by infected mosquitos, which is best effected by avoiding all mosquito

GOVERNMENT NOTIFICATION.- No. 15.

The following is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 10th January, 1901.

POSTAL NOTES.

1/- 1/6..

5/-

10/

20/-

50 cents. 75 $ 2.50 ......$ 5.00 ...$10.00

　　　　　3. Postal Notes should always be forwarded in Registered Covers. If this precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.

4. Postal Notes issued in the United Kingdom are NOT payable in Hongkong or China.

GENERAL POST OFFICE,

HONGKONG, 7th January, 1901.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 16.

The following Minutes are published.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 9th January, 1901.

No. 27.

Minutes of the proceedings of the SANITARY BOARD, at a regular meeting held on Thursday, the 20th day of December, 1900.

PRESENT:

The Director of Public Works, (The Honourable ROBERT DALY ORMSBY), President.

The Medical Officer of Health, (Dr. FRANCIS WILLIAM CLARK).

The Acting Principal Civil Medical Officer, (Dr. JOHN BELL).

EDWARD ÚSBORNE, Esquire.

CH'AN A-FOOK, Esquire.

Dr. WILLIAM HARTIGAN.

JAMES MCKIE, Esquire.

Major HARRY HERBERT BROWN, R.A.M.C.

ABSENT:

The Captain Superintendent of Police, (The Honourable FRANCIS HENRY MAY, C.M.G.), Vice-President. The Registrar General, (The Honourable JAMES Haldane STEWART LOCKHART, C.M.G.).

FUNG WA CHÜN, Esquire.

Minutes. The minutes of regular meeting No. 26 held on the 6th day of December, 1900, were confirmed.

Street Watering.-A reply from the Honourable Colonial Secretary requesting a full statement of the reasons why the Sanitary Board are of opinion that the present system should be altered and the streets watered by means of carts, and enquiring why the views of the Medical Officer of Health in his minute of the 16th October last in C.S.O, No. 217 of 1900 have not found acceptance among the other members of the Board, was considered.

Mr. EDWARD OSBORNE pointed ont that the dust of the streets was a well known medium for spreading disease, that the Board desired to introduce a more efficient method of street watering than the "bucket" system at present in vogue, and moved-

That a reply be sent that the Board disapproves of the present method of watering the lower levels and considers

that watering by carts should be substituted at once..

Dr. WM. HARTIGAN said there was some misunderstanding about this question as he certainly did not understand the Medical Officer of Health to object to the proposed scheme per se, but simply to say that the improved scheme would entail additional expense.

The present system was sloppy, wasteful and ineffective, while the proposed system would cause a. large saving in fresh water by enabling the Board to use water from the harbour and lengthen the life of the roads, he there- fore moved-

That the Government be informed that the Board has considered the views of the Medical Officer of Health as to the greater cost of street watering by means of carts, and is of the opinion that the greater efficiency of this method will more than compensate for the increased cost. The Board proposes, moreover to limit the use of the carts to the lower levels as suggested by the Medical Officer of Health.

Mr. EDWARD OSBORNE with the consent of the Board withdrew his motion and seconded.

The Acting Principal Civil Medical Officer was of the opinion that the Government should be informed that the Board desired the more expensive method of watering the streets on the lower levels on account of the great amount of vehicular traffic in Queen's Road, etc. and the necessity of laying the dust.

Question-put and agreed to.

Report of the Quarterly Inspection Committee.-The fourth quarterly report of the Inspection Com-- mittee with a minute by the Medical Officer of Health thereon was submitted.

Mr. EDWARD OSBORNE moved-

That the report be forwarded to Government.

Mr. McKIE seconded.

Question-put and agreed to.

Mr. OSBORNE in continuation said, the attention of the Government should be drawn to the question of so-called hawking. These men were not bonâ fide hawkers, but only monopolised a large proportion of very narrow thoroughfares, and were not only unnecessary but a positive nuisance. He therefore moved-

That the Board request the Government to give directions prohibiting the erection of stalls in the public streets

and footpaths by so-called hawkers, who should be restricted to bonâ fide hawking.

Mr. McKIE in seconding said he could verify all that Mr. OSBORNE had said..

Mr. CH'AN A-Fook opposed the motion as he doubted the advisability of interfering with the "shop hawker" if the shop keeper in front of whose premises he erected his stall did not object or lodge any complaint with the Government.

The President said he had not yet made up his mind on the subject.

The Board then divided on the question-

For.

The Medical Officer of Health.

The Acting Principal Civil Medical Officer.

Mr OSBORNE.

Dr. HARTIGAN,

Mr. MCKIE.

Major BROWN,

The President did not vote.

The motion was therefore carried.

Against.

MP. CHAN A-FOOK,

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

The Medical Officer of Health in connection with the Quarterly Inspection Committee's Report moved-

That notices be served on the owners of houses in Shek Kai Lane and Shun Pin Lane declaring the said pre- mises to be unfit for human habitation and requiring the owners to make further provision for their adequate lighting and ventilation.

The Acting Principal Civil Medical Officer addressed the Board and seconded. Question-put and agreed to.

The proposed New Western Market.-Plans of the proposed New Western Market were considered. The President said that these plans had been prepared in consultation with the Colonial Veterinary Surgeon.

Mr. McKIE thought that as the Colonial Veterinary Surgeon would have the control of the Western Market, it would be advisable to get his report on the plans.

　　　　　　Mr. OSBORNE was of the opinion that as the Central Market was very dark, the designer might be asked whether there was sufficient light for the New Western Market.

　　　　　The President informed the Board that the New Western Market would be a much lighter place than the Central Market.

　　　　　It was agreed that the Colonial Veterinary Surgeon be requested to furnish a report particularly as to accommodation, situation, number of stalls and general adaptability to Chinese wauts of the proposed New Western Market.

　　　　　The New Tung Wah Infectious Diseases Hospital.-A block plan of the site of the New Tung Wah Infectious Diseases Hospital was submitted,

　　　　　　The President, in reply to a minute by Dr. HARTIGAN relative to the submission of plans, said he thought he would be creating a dangerous precedent if he put the plans of private individuals before the Board for public criticism.

Dr. WM. HARTIGAN pointed out that the stench arising from the hillside almost directly above the site of the proposed hospital had been frequently noticed and commented upon, and that anopheles had been found flourishing and increasing in the swamp immediately below this site, he therefore moved--

That this Board strongly recommends that measures be taken with the least possible delay to remedy the danger- ous nuisance existing on the hillside at Kennedy Town above and in proximity to the New Infectious Hospital, and also that the malarious swamp situated beside the old Glass Works and below the said hospital be drained or otherwise made healthy.

Mr. McKIE in seconding said he could speak from personal knowledge of the abominable stench referred to. The Acting Principal Civil Medical Officer was of the opinion that the site of the Kennedy Town Hospital was one of the very healthiest in the Colony.

The Medical Officer of Health drew attention to the differences between the site of the Kennedy Town Hospital and that of the proposed New Infectious Hospital.

Question-put and carried nem con.

　　　　　Foot and Mouth Disease.-A letter from the Colonial Veterinary Surgeon informing the Board that Sassoon's Villa premises at Pokfulam may now be declared free from disease was considered.

The Acting Principal Civil Medical Officer moved-

That the Colonial Veterinary Surgeon be asked to give a full and minute report on the recent outbreak of Foot

and Mouth disease at Pokfulam with special reference to its probable causes.

Major BROWN addressed the Board and seconded.

Question-put and agreed to.

Papers. The following papers, having been circulated to the Members, were laid on the table-

1. A report by the Medical Officer of Health on the epidemic of Bubonic Plague in Hongkong during the year 1900. 2. A telegram from the Consul-General, Shanghai, dated December 11th, stating that the Chinese Authorities on

the recommendation of the Consular Body have suspended medical inspection of steamers from Hongkong.

3. A reply from the Colonial Veterinary Surgeon relative to the means adopted to prevent unexamined cattle from mixing with the cattle in the Colony, and stating that he does not think that many cattle are landed with- out his knowledge, and even if they were the Police would send them at once to the Cattle Depôts.

4. A reply from the Secretary of the Dairy Farm Company, Limited, informing the Board that the Company

obtains straw from Tsin Wan and bran and grain from Shanghai.

5. Lime-washing return for the fortnight ended December 17th, 1900.

6. Statement showing the number of Plague cases and deaths in Bombay City, from 9th October to 29th October,

1900.

7. Mortality Returns from Macao for the weeks ended 2nd and 9th December, 1900.

8. Mortality Statistics for this Colony for the weeks ended 1st and 8th December, 1900.

The work of the year.-The President observed-This being our last meeting for the year I wish to say one or two words before we part. I think we may congratulate ourselves ou much good work done in Hongkong during the year 1900. Ordinance 34 of 1899 came into operation this year, throwing a vast amount of extra work on the Sanitary Staff and not a little on the Public Works Department. Under it great improvements have been effected in letting in light into the dark and unwholesome places of the city, in draining, concreting, and lighting private streets and lanes, and in other useful work. I have now, gentlemen, only to wish you all a Merry Christmas and a Happy New Year.

Adjournment.-The Board then adjourned till Thursday, the 3rd day of January, 1901.

Confirmed at a regular meeting held this 3rd day of January, 1901.

G. A. WOODCOCK,

Acting Secretary,

R. D. ORMSBY,

President.

$24

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 17.

The following Report by Dr. J. C. THOMSON, M.D., M.A., on the results of his examinations of mosquitoes during the fourth quarter of 1900, is published.

By Command,

Colonial Secretary's Office, Hongkong, 11th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

No. 3.

HONGKONG, 1st January, 1901.

SIR,--I have the honour to submit for the information of His Excellency the Governor the results of my examination of mosquitoes supplied to me during the past three months through the kind co- operation of the Honourable F. H. MAY, C.M.G., and the officers of the l'olice force stationed through- out Hongkong and the New Territory.

2. I enclose tables showing in detail my observations during the months of October, November and December respectively, and a fourth table summarizing the same for the quarter.

3. The column "Other Genera" in these tables includes all insects other than Anopheles or Culex (as a rule not mosquitoes) occasionally included in the various consignments, and for practical purposes may be discounted entirely. Deducting the total of this column, 125, from the total specimens received, 3,664, there remains a net total of 3,539 mosquitoes examined. Of these, 294, i.e. 8.3 per cent., were found to be Anopheles, of two species, and 3,245, i.e. 91.7 per cent., Culex, of seven species. In the figures that follow, I deal in each case with the net total in calculating the relative prevalence of the two more important genera of mosquitoes.

4. The monthly percentage of Anopheles and Culex in the specimens examined has been as follows:-

October,

November,

December,

The three months,

ANOPHELES.

CULEX.

MOSQUITOES

EXAMINED.

Number.

Per Cent.

Number.

Per Cent.

401

106

26.4

295

73.6

796

6.3

746

93.7

2,342

138

5.9

2,204

94.1

3,539

294

8.3

3,245

91.7

5. Specimens of Anopheles were included, in the proportions given below, in parcels received from the following stations:-

ANOPHELES.

CULEX.

MOSQUITOES

EXAMINED.

Number.

Per Cent.

Number.

Per Cent.

Station,

No. 1, Pokfulam, "Aberdeen,

260

2.8

254

97.7

€9

33.3

66.7

101

100

Stanley,

147

144

Shek 0,

125

ΤΟ

Tai Pe,

216

111

51.4

105

48.6

Sha Tan Kok,

141

38.3

61.7

Sheung Shui,

1.3

98.7

San Tin,

12.5

87.5

Tai 0,

29.4

70.6

Tung Chung,

Cheung Chau,

575

0.2

574

99.8

Lamma,.

6.2

93.8

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY,

1901.

6. No Anopheles were found among the mosquitoes sent from the following stations:-

No. 2, No. 3, No. 6, No. 7, No. 8, Kennedy Town, Shaukiwan, Tsim Sha Tsui, Yau- mati, Fuk Tsun Heung, Hunghom, Kowloon City, Sha Tin, Sai Kung, and Kat 0.

7. I have received no specimens during the past three months from Central Station, No. 5, Mount Gough, Tsat Tsze Mui, Stone Cutters' Island, Sha Tin Gap, Au Tau, or Ping Shan, but all the other Police stations have contributed more or less regularly.

8. I do not propose to include in these returns mosquitoes that I breed out from the larval state in captivity for purposes of my investigation, nor considerable numbers that are from other sources sent to me for examination, since these are to some extent selected. At the Police stations no selec- tion is made, all insects believed to be mosquitoes caught at certain dates being forwarded to me; and as the stations are approximately equally scattered over the Colony and its Dependencies, they

　　　　　　　　　　　　　　　　　　　　　　　　　　　I fairly well represent the whole area. propos, if time at my disposal permit, to extend my enquiry over the whole of 1901, and, while the examination of any particular package of mosquitoes may yield information of no great value, the aggregate of my observations should result in an approximately accurate classification of the mosquitoes that prevail in the Colony.

I have the honour, to be,

Sir,

Your obedient servant,

Dr. JOHN BELL,

Acting Principal Civil Medical Officer,

&c.,

&c.

JOHN C. THOMSON,

M.D., M.A.

PREVALENCE OF MOSQUITOES, DURING THE MONTH OF OCTOBER, 1900.

ANOPHELES.

CCLEX.

Cases of Mal. Fever

NAME OF STATION.

Specimens received.

Other

admitted to

Genera.

Govt. Civil

Number. Species. Number.

Species.

Hospital from Police.

　　　　　　Central Station, No. 1 Station,.......

...

No. 2

No. 3

No. 6

No. 7

No. 8

Mount Gough,

Pokfulam,

Aberdeen,

Stanley,

Shaukiwan

16 None.

None.

Tsat Tsze Mui, Tsim Sha Tsui, Hung Hom, Kowloon City,

Sha Tin,

None.

...

None.

...

Sai Kung,

Tai Po,

131

Sha Tau Kok,

None.

San Tin,

Au Tau,

　　　　　　Ping Shan, Tai O,

Tung Chung,

Cheung Chau,

Lamma,

Total,.........

401

106

295

None.

$26

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

PREVALENCE OF MOSQUITOES, DURING THE MONTH OF NOVEMBER, 1900.

ANOPHELES.

CULEX.

Cases of Mal. Fever

NAME OF STATION.

Specimens received.

Other

admitted to

Genera.

Govt. Civil

Number.

Species.

Number. Species.

Hospital

from Police.

Central Station,

No. 1 Station,

No. 2

...

None.

No. 3 No. 6

None.

No. 7

Kennedy Town,

None.

Mount Gough,

Pokfulam,

Aberdeen,

Stanley,

Shaukiwau,

Tsim Sha Tsui,

Yaumati,

106

Fuk Tsun Heung,

Hung Hom,......

146

Kowloon City,

Sha Tin Gap,

Sha Tin,

Tai Po,

Sha Tau Kok,

Sheung Shui,

San Tin,

Tai O,

...

ཨྰཿདེསཻམས ::

None.

Noue.

106

None.

...

Tung Chung,

Cheung Chau,

Total,......

800

None. None.

746

PREVALENCE OF MOSQUITOES, DURING THE MONTH OF DECEMBER, 1900.

ANOPHELES.

CULEX.

Cases of Mal. Fever

NAME OF STATION.

Specimens received.

Other Genera.

admitted to

Govt. Civil

Number. Species.

Hospital

from Police.

Central Station,

No. 1 Station,.

231

209

None.

No. 3.

157

108

None.

No. 7

141

134

Kennedy Town,

107

102

None.

Pokfulam,

None.

Aberdeen,

None,

Stanley,

None.

Shek Ŏ,

Shaukiwan,

Tsat Tsze Mui,

127

None.

119

None.

...

Tsim Sha Tsui,

None.

Yaumati.

168

None.

Fuk Tsun Heung,

Noue.

Hung Hom,

...

None.

Kowloon City,

128

Sai Kung,

Nóne.

Tai Po,

Sha Tau Kok,

120

None.

Kat 0,..

None.

Sheung Shui,

None.

Au Tan,

Tai 0,

None.

Tung Chung,

None.

Cheung Chau,.

461

460

None.

...

Lamma,

None.

...

Total,......... 2,463

138

2,204

121

THE HONGKONG GOVERNMENT GAZETTE, 121 JANUARY, 1901.

PREVALENCE OF MOSQUITOES, DURING THE QUARTER ENDING DECEMBER, 1900.

ANOPHELES.

CULEX.

Cases of Mal. Fever

NAME OF STATION.

Specimens received.

Other

admitted to

Genera.

Govt. Civil

Number. Species. Number. Species.

Hospital from Police.

Central Station,

...

No. 1 Station,.

276

254

None.

No. 2

No. 3

178

129

None.

No. 6 No. 7

200

193

No. 8

ور

Kennedy Town,

119

114

None.

Mount Gough,

Pokfulam,

Aberdeen,

105

100

Stanley,

148

144

Shek 0,

127

Shaukiwan,

139

116425

None.

Tsat Tsze Mui,

Tsim Sha Tsui,

103

108

None.

Yaumati,

274

None.

Fuk Tsun Heung,

None.

Hung Hom,

256

Kowloon City,

242

Sha Tin,

Sai Kung,

༧

Tai Po,

219

111

105

Sha Tau Kok,

142

Kat 0,

None.

Sheung Shui,

San Tin,

Au Tau,

Ping Shan,

Tai O,

Tung Chung,

Cheung Chau,. Lamma,

575

574

None.

Total,.........

3,664

294

GN.

3,245

125

106

GOVERNMENT NOTIFICATION.-- No. 18.

The following Return is published in accordance with section 17 of Ordinance No. 18 of 1896.

By Command,

Colonial Secretary's Office, Hongkong, 10th January, 1901.-

J. H. STEWART LOCKHART. Colonial Secretary.

Return of Samples cxamined under The Sale of Food and Drugs Ordinance, 1896," for the quarter ended December 31, 1900.

Number of Samples.

Number found genuine.

Number found adulterated.

Description.

Brandy,

Milk,

Whisky,

THOMAS J. WILD,

Acting Government Analyst.

THE HONGKONG GOVERNMENT GAZETTE, 121 JANUARY, 1901.

PREVALENCE OF MOSQUITOES, DURING THE QUARTER ENDING DECEMBER, 1900.

ANOPHELES.

CULEX.

Cases of Mal. Fever

NAME OF STATION.

Specimens received.

Other

admitted to

Genera.

Govt. Civil

Number. Species. Number. Species.

Hospital from Police.

Central Station,

...

No. 1 Station,.

276

254

None.

No. 2

No. 3

178

129

None.

No. 6 No. 7

200

193

No. 8

ور

Kennedy Town,

119

114

None.

Mount Gough,

Pokfulam,

Aberdeen,

105

100

Stanley,

148

144

Shek 0,

127

Shaukiwan,

139

116425

None.

Tsat Tsze Mui,

Tsim Sha Tsui,

103

108

None.

Yaumati,

274

None.

Fuk Tsun Heung,

None.

Hung Hom,

256

Kowloon City,

242

Sha Tin,

Sai Kung,

༧

Tai Po,

219

111

105

Sha Tau Kok,

142

Kat 0,

None.

Sheung Shui,

San Tin,

Au Tau,

Ping Shan,

Tai O,

Tung Chung,

Cheung Chau,. Lamma,

575

574

None.

Total,.........

3,664

294

GN.

3,245

125

106

GOVERNMENT NOTIFICATION.-- No. 18.

The following Return is published in accordance with section 17 of Ordinance No. 18 of 1896.

By Command,

Colonial Secretary's Office, Hongkong, 10th January, 1901.-

J. H. STEWART LOCKHART. Colonial Secretary.

Return of Samples cxamined under The Sale of Food and Drugs Ordinance, 1896," for the quarter ended December 31, 1900.

Number of Samples.

Number found genuine.

Number found adulterated.

Description.

Brandy,

Milk,

Whisky,

THOMAS J. WILD,

Acting Government Analyst.

ן.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901,

GOVERNMENT NOTIFICATION.--No. 19.

The following Returns of the Average Amount of BANK NOTES in Circulation and of Specie in Reserve in Hongkong, during the Month ended 31st December, 1900, as certified by the Managers of the respective Banks, are published.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

BANKS.

AVERAGE A MOUNT.

SPECIE IN RESERVE.

2,927,088

1,600,000

7,003,450

5,000,000

450,000

150,000

TOTAL,

•

10,380,538

6,750,000

Chartered Bank of India, Australia and China,

Hongkong and Shanghai Banking Corporation,

National Bank of China, Limited,

GOVERNMENT NOTIFICATION.-No. 20.

The following Notice is published.

By Command,

Colonial Secretary's Office, Hongkong, 10th January, 1901.

NOTICE TO MARINERS.

HONGKONG HARBOUR.

J. H. STEWART LOCKHART, Colonial Secretary.

From the 14th instant until further notice (about six weeks) sunken obstructions will be laid to the North and South of Stone Cutters' Island.

　To the South of Stone Cutters' Island the southern limit of the obstructed area, from the 14th to the 18th instant inclusive, will be a line between two buoys carrying red flags and about 600 yards north of the fairway. Lines true North from these buoys to Stone Cutters' Island will give the eastern and western limits of the obstructed area.

On the 19th instant part of this area will be cleared and the southern limit will then be about 700 yards from Stone Cutters' Island and marked as before by 2 buoys carrying red flags, the eastern- most buoy being approximately 700 yards due South of the southeastern point of Stone Cutters' Island, the western buoy about 700 yards due West of the first mentioned buoy. Lines due North Within this area from these buoys will give the eastern and western limits of the obstructed area. the obstructions will at all times be floating.

To the North of Stone Cutters' Island the obstructed area will be bounded on the West by a line drawn from the most northern point of the Island to the Watering Pier at Lai-chi-kok, and on the East by a line drawn from the Government Pier on the North shore near the Magazines in a N.N.E. direction to the mainland. A fairway about 250 yards wide will be buoyed through the middle of this obstructed area, being marked on the North by 3 buoys carrying red flags and on the South by 3 buoys carrying white flags. No obstructions will be laid within this fairway, but vessels and junks are prohibited from anchoring therein. The obstructions to the South of the fairway will be floating, those to the North sunken. For purposes of navigation the sunken obstructions may be considered as reducing the depths of water shown on the Chart by 11 feet.

All vessels are prohibited from anchoring in any of the obstructed area, and also from passing through areas in which floating obstructions are moored.

At night the buoys to the southward of Stone Cutters will be marked by red lights.

Harbour Department, Hongkong, 5th January, 1901.

BASIL TAYLOR,

Acting Harbour Master, &c.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION. -No. 21.

　　　The following Extract of Meteorological Observations, made at the Hongkong Observatory during the month of December, 1900, is published.

By Command,

Colonial Secretary's Office, longkong, 12th January, 1901.

H. STEWART LOCKHART,

Colonial Secretary.

EXTRACT OF METEOROLOGICAL OBSERVATIONS, MADE AT THE HONGKONG OBSERVATORY DURING THE MONTH OF DECEMBER, 1900.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI- SUN-

RAIN.

DATE.

NESS.

SHINE.

AT M.S.L.

Max.

Mean.

Min.

Rel.

Abs.

Dir.

Vel.

ius.

p. c.

ins.

p. c.

hrs.

ins.

Points.

Miles.

p. h.

!,......

30.11

70.4

65.1

60.2

0.42

10.2

2,.

.07

73.9

68.2

64.7

.48

8.0

3,.

.00

76.4

68.7

64.7

.47

9.9

4,.

29.99

71.8

67.2

63.5

.46

9.9

5,..

.99

68.3

67.0

63.8

.53

100

0.0

ebz be

7.3

E by N

8.3

6.4

E by N

18.6

15.0

6,..

30.00

72.1

68.6

65.1

.52

100

0.8

0.065

E by N

12.3

7,.

.13

72.7

65.8

55.7

.46

100

0.0

0.035

N by E

9.6

8,.

.34

61.6

55.0

50.7

.16

9.1

N by E

14.1

9,.

.35

60.8

55.6

48.1

.23

9.7

NE by E

18.2

10,.

.33

63.8

59.8

54.9

.31

8.8

ENE

13.5

11,

12,

.26

71.7

64.7

58.3

.37

6.4

E by N

8.0

.24

75.2

67.9

63.3

.37

3.2

ENE

8.5

13,..

.24

67.3

64.9

60.8

.44

7.2

0.020

13.3

.....

14,.

.22

72.1

66.1

61.2

.50

5.1

0.035

8.5

15,.

.27

71.9

65.4

59.3

.26

4.1

NNE

14.6

16,.

.37

64.8

59.1

54.8

.14

9.8

N by E

15.8

17,.

.38

60.8

57.5

52.7

.21

9.8

ENE

15.5

....

18,

.27

64.6

60.6

56.6

.33

10.0

E by N

13.5

19,

.13

70.6

63.5

58.3

.39

10.0

WNW

4.8

20,.

.12

74.8

66.3

59.1

.32

9.2

6.8

21,.....

.23

67.3

63.4

60.2

.42

9.0

E by N

16.8

22,

.24

72.8

65.3

59.5

.40

9.5

ENE

6.7

23,.

.28

66.6

61.6

56.8

.36

9.0

ENE

9.2

24,

.24

65.7

61.8

59.1

.41

7.2

E by N

16.9

25,..

.21

72.3

65.3

60.8

.43

6.4

E by S

11.2

26,

.18

67.0

64.8

62.3

.46

9.4

E by N

25.8

27,

.11

72.5

66.4

61.6

.45

9.9

16.0

28,

.05

74.6

68.2

65.3

.56

1.9

E by S

9.5

29,

.03

76.6

69.3

66.0

.61

5.2

4.9

30,

31,

.06

68.9

67.3

65.6

.61

2.5

19.3

11. 68.7

66.5

64.4

.56

0.0

E by N

15.1

Mean or Total,

30.18

69.6

64.4

59.9

0.41

211.2

0.155

ENE

12.4

Hongkong Observatory, 10th January, 1901.

GOVERNMENT NOTIFICATION.--No. 22.

The following Returns of Deaths are published.

By Command,

F. G. FIGG,

Acting Director.

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

GOVERNMENT NOTIFICATION. -No. 21.

　　　The following Extract of Meteorological Observations, made at the Hongkong Observatory during the month of December, 1900, is published.

By Command,

Colonial Secretary's Office, longkong, 12th January, 1901.

H. STEWART LOCKHART,

Colonial Secretary.

EXTRACT OF METEOROLOGICAL OBSERVATIONS, MADE AT THE HONGKONG OBSERVATORY DURING THE MONTH OF DECEMBER, 1900.

BARO-

METER

TEMPERATURE.

HUMIDITY.

WIND.

CLOUDI- SUN-

RAIN.

DATE.

NESS.

SHINE.

AT M.S.L.

Max.

Mean.

Min.

Rel.

Abs.

Dir.

Vel.

ius.

p. c.

ins.

p. c.

hrs.

ins.

Points.

Miles.

p. h.

!,......

30.11

70.4

65.1

60.2

0.42

10.2

2,.

.07

73.9

68.2

64.7

.48

8.0

3,.

.00

76.4

68.7

64.7

.47

9.9

4,.

29.99

71.8

67.2

63.5

.46

9.9

5,..

.99

68.3

67.0

63.8

.53

100

0.0

ebz be

7.3

E by N

8.3

6.4

E by N

18.6

15.0

6,..

30.00

72.1

68.6

65.1

.52

100

0.8

0.065

E by N

12.3

7,.

.13

72.7

65.8

55.7

.46

100

0.0

0.035

N by E

9.6

8,.

.34

61.6

55.0

50.7

.16

9.1

N by E

14.1

9,.

.35

60.8

55.6

48.1

.23

9.7

NE by E

18.2

10,.

.33

63.8

59.8

54.9

.31

8.8

ENE

13.5

11,

12,

.26

71.7

64.7

58.3

.37

6.4

E by N

8.0

.24

75.2

67.9

63.3

.37

3.2

ENE

8.5

13,..

.24

67.3

64.9

60.8

.44

7.2

0.020

13.3

.....

14,.

.22

72.1

66.1

61.2

.50

5.1

0.035

8.5

15,.

.27

71.9

65.4

59.3

.26

4.1

NNE

14.6

16,.

.37

64.8

59.1

54.8

.14

9.8

N by E

15.8

17,.

.38

60.8

57.5

52.7

.21

9.8

ENE

15.5

....

18,

.27

64.6

60.6

56.6

.33

10.0

E by N

13.5

19,

.13

70.6

63.5

58.3

.39

10.0

WNW

4.8

20,.

.12

74.8

66.3

59.1

.32

9.2

6.8

21,.....

.23

67.3

63.4

60.2

.42

9.0

E by N

16.8

22,

.24

72.8

65.3

59.5

.40

9.5

ENE

6.7

23,.

.28

66.6

61.6

56.8

.36

9.0

ENE

9.2

24,

.24

65.7

61.8

59.1

.41

7.2

E by N

16.9

25,..

.21

72.3

65.3

60.8

.43

6.4

E by S

11.2

26,

.18

67.0

64.8

62.3

.46

9.4

E by N

25.8

27,

.11

72.5

66.4

61.6

.45

9.9

16.0

28,

.05

74.6

68.2

65.3

.56

1.9

E by S

9.5

29,

.03

76.6

69.3

66.0

.61

5.2

4.9

30,

31,

.06

68.9

67.3

65.6

.61

2.5

19.3

11. 68.7

66.5

64.4

.56

0.0

E by N

15.1

Mean or Total,

30.18

69.6

64.4

59.9

0.41

211.2

0.155

ENE

12.4

Hongkong Observatory, 10th January, 1901.

GOVERNMENT NOTIFICATION.--No. 22.

The following Returns of Deaths are published.

By Command,

F. G. FIGG,

Acting Director.

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY. 1901.

A SUMMARY OF DEATHS AND THEIR CAUSES SHOWN IN THE ATTACHED RETURN AS

EUROPEAN AND

FOREIGN

COMMUNITY.

CHINESE COMMUNITY.

VICTORIA DISTRICT.-

DISEASE.

Civil.-Estimated Population.

Army.-Estimated Strength.

Navy.-Estimated Strength.

No. 1.

No. 2.

No. 3.

No. 4.

No. 5.

No. 6.

No. 7.

No. 8.

No. 9.

No. 10.

9,100

Diseases,

Infantile J Convulsions,

Convulsive

Trismus Nascentium.

...

Acute,

...

Throat Affections,

Chronic,

Chest Affections,

Acute,

Chronic,

[Cholera,

Diarrhoea,

Bowel Complaints,

Choleraic,

Dysentery,

Colic,

Remittent,...

Malarial,

Intermittent, 1

Simple Continued,

Puerperal,

Estimated Population,

ลง

...

30 15

! ...

...

3 2 5

་

1 8

Fevers, Influenza,

Exanthematous,

Marasmus,

[Typhoid,

Other Causes,

Measles,

Small-pox

Bubonic Plague, ...

TOTAL,

1 3

...

со

...

ون

...

མ་

1 4 25 3 7

SANITARY BOARD ROOM,

HONGKONG, 8th January, 1901.

...

1 1

...

15 94 30 10 17 14

3333

29 20

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

HAVING BEEN REGISTERED DURING THE MONTH ENDED 31ST DECEMBER, 1900.

CHINESE COMMUNITY.

DIVISION.

Kaulung

Non-Residents.

Unknown.

Peak.

Harbour.

Estimated Population.

District.

Shánkiwán District.

Aberdeen

District.

Stanley District.

Estimated

Population.

170,800

Estimated Population.

Land. Boat. Land. Boat. Land. | Boat. Land. Boat.

Vide

V. Harbour. 7,110 4,040 2,700 5,000

24,550 31,290 v. Harbour.

096

1,450

Estimated

Population.

Estimated Population.

...

TOTAL.

...

GRAND TOTAL.

...

124

...

177

479

G. A. WOODCOCK,

Acting Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

RETURN SHOWING THE NUMBER OF DEATHS REGISTERED DURING THE

CAUSES.

BRITISH

AND FOREIGN COMMUNITY.

CHINESE COMMUNITY.

VICTORIA DISTRICT.

DIVISION.

I. General Diseases. A.-Specific Febrile Diseases.

Zymotic.

Fever, Typhoid, (Enteric),....... Diarrhoea,

Dysentery,

Bubonic Fever, (Plague),

Malarial.

Fever, Intermittent,

Remittent,

(Undefined),

Beri-Beri,

Septic.

Septicemia,. Puerperal Fever,.

Venereal.

Syphilis, (Acquired),

(Congenital),

59.

B.-Diseases dependent on Specific External Agents.

Poison.

Vegetable, Opium,

Effects of Injuries.

Multiple Injuries,

Drowning,

Dislocation of Neck,

Suffocation,....

Fracture of Skull,

Fractured Pelvis,

Internal Injuries,

Rupture of Liver,

Errors of Diet.

Delirium Tremens,

C.-Developmental Diseases.

Immaturity at Birth,

Debility,

Old Age,

Marasmus and Atrophy,

Tabes Mesenterica...............

Inanition,.......

Hemorrhage

Civil.

Army.

Navy.

No. 1.

No. 2.

No. 3.

No. 4.

: : :

~ :

Umbilicus

D.-Miscellaneous Diseases.

Rheumatic Fever,

Sarcoma of Neck,..

General Tuberculosis,

Diabetes;

II.--Local Diseases.

A-The Nervous System,

Meningitis,

Paralysis, (Undefined),

Paraplegia,

Infantile Convulsions,

Trismus,

Carried forward,........ II

76 25

...

: : :

No. 5.

No. 6.

:: co

:~ :-

: ය ප:

No. 7.

111:

...

: :

No. 8.

No. 9.

No. 10.

Unknown.

Peak.

Harbour.

9 15 14 1

color:

2.54

...

::;!

...

•

-ai

•

ཟ་ཟ་

: :

こ

3 4110 66 224

2.18

323

•

...

་་་

...

KAULUNG

DISTRICT.

TRICT.

DIS- WAN SHAUKI-

DEEN ABER-

STANLEY

DIS-

Dis-

TRICT.

Laud

Population.

Boat

Population.

Land

Population.

Boat

Population.

Land

Population.

Boat

Population.

Land

Population.

Boat

Population.

MONTH ENDED THE 31ST DAY OF DECEMBER, 1900, AND THEIR CAUSES.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

CHINESE COMMUNITY.

TOTAL AT THE DIFFERENT AGE PERIODS.

Non-Chinese.

Under

Chinese.

month.

Non-Chinese.

Chinese.

1 month and

under 12

months.

(

to:

Non-Chinese.

Chinese,

1 year and under 5

years.

Non-Chinese.

5 years and

Chinese.

10: 00:

under 15

years.

Non-Chinese.

Chinese.

15 years and under 25

years.

Non-Chinesc.

18...

Chinese.

25 years and

under 45

years.

...

Non-Chinese.

45 years and

Chinese.

co-

under 60

years.

...

Non-Chinesc.

60 years

DN∞ 1-

Chinese.

Non-Chinese.

Chinese.

and over.

Age

Unknown.

: :

...

2906

GRAND

TOTAL.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

RETURN SHOWING THE NUMBER OF DEATHS REGISTERED DURING THE

BRITISH

AND

FOREIGN COMMUNITY.

CHINESE COMMUNITY.

VICTORIA DISTRICT.

DIVISION.

CAUSES.

Civil.

Army.

Navy.

Brought forward,... 11

Local Diseases,-Contd.

B.--The Circulatory System.

Heart Disease,....

C.-The Respiratory System.

Bronchitis,

Pneumonia,

Phthisis,

Pleurisy,

D.-The Digestive System. Cancrum Oris,

Gastro-Enteritis,.

Enteritis,.

Hepatic Abscess,

Cirrhosis of Liver,

Jaundice,

E.-The Urinary System.

Nephritis, (Acute),.

Bright's Disease,

G.-Affections connected

with Pregnancy.

Abortion,.

H.--Affections connected

with Parturition.

Post Partum Hemorrhage, Child-birth,..

Placenta Prævia,

III.-Undefined.

co:

J-

No. 1.

No. 2.

No. 3.

No. 4.

76 25

No. 5.

No. 6.

No. 7.

No. 8.

ANN

No. 9.

No. 10.

Unknown.

Peak.

Harbour.

15 14 4

:༠༥ :

1601

Dropsy, Undiagnosed,

: 21

Total,...

18 8 1 15 94 30 10

20 29 20

...

1129

The Govt. Civil Hospitals.

REMARKS.

The Tung Wa Hospital.

Causes.

No.

Mortuary.

Causes.

No.

Causes.

No.

Diarrhoea,

Diarrhoea,.

Dysentery,

Diarrhoea....

Bubonic Fever, (Plague),.

Bubonic Fever, (Plague),

Fever, (Undefined),.

Remittent Fever,.

Intermittent Fever,

Intermittent Fever,.

Fever, (Undefined),

Remittent Fever,.

Beri-beri,

.16

Beri-beri,

Syphilis, (Acquired),

Septicemia,

Puerperal Fever,

Internal Injuries,.

Puerperal Fever,

Debility,

Fractured Pelvis,

Syphilis, (Acquired),

Tabes Mesenterica,..

Fracture of Skull,

Tuberculosis,

Bronchitis,

2.TH

Meningitis,

Pneumonia,

Heart Disease,

Paralysis, (Undefined),

Phthisis,.

Pneumonia,

Paraplegia.

Post Partum Hæmorrhage.......... 1

Cancrum Oris,

Heart Disease,.

Bright's Disease,..

Bronchitis,

43.

Placenta Prævia,..

Phthisis, .

.24

Pneumonia,

Pleurisy,

Cirrhosis of Liver,

Bright's Disease,......

Registrar General's Office, Hongkong, 7th January, 1901.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

MONTH ENDED THE 31ST DAY OF DECEMBER, 1900, AND THEIR CAUSES,-Continued.

CHINESE COMMUNITY.

TOTAL AT THE DIFFERENT AGE PERiods.

SHAUKI- ABER-

KAULUNG DISTRICT.

STANLEY

WAN

DEEN

DISTRICT.

DISTRICT. DISTRICT.

Under 1

Month.

1 month and

| 60 years

Non-Chinese.

11 34110 66 224

Chinese.

under 12

months.

1 year and

under 5

years.

Non-Chinese.

5 years and

Chinese.

under 15

years.

Non-Chinese.

Chinese.

15 years and under 25

years.

Non-Chinese.

Chinese.

Non-Chinese.

Chinese.

25 years and under 45

years.

45 years and under 60

years.

Land

Population.

Boat

Population.

Land

Population.

Boat

Population.

Land

Population.

Boat

Population.

Land

Population.

Boat

Population.

Non-Chinese.

Chinese.

Non-Chinese.

Chinese.

14 15

2 54

221

}

14 136

and over.

Age

Unknown.

Non-Chinese.

Chinese.

248

Non-Chinese.

Chinese.

GRAND

TOTAL.

323

255

351

18 367 15115]

57 363

479

The Italian Convent.

REMARKS.

The Asile de la Ste. Enfance,

Causes.

No.

Causes.

No.

Diarrhoea,..

Diarrhoea,.

Syphilis, (Congenital),

Fever, (Undefined),

Marasmus,

The Alice Memorial and Nethersole Hospitals.

Causes.

Νο.

Hemorrhage from Umbilicus, 1

Marasious,

Meningitis,.

Bronchitis,

Convulsions,

Phthisis,

Trismus,

.14

Trismus,..

Phthisis,

Bronchitis,

Dropsy,...

Phthisis,..

Jaundice,

J. H. STEWART LOCKHART, Registrar General,

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

STATEMENT - SHOWING THE DEATH-RATE IN THE DIFFERENT REGISTRATION DISTRICTS={

DURING THE MONTH ENDED 31ST DECEMBER, 1900.

British and Foreign Community.-Civil Population,......

Chinese Community.-Victoria

District-Land Population,

V. Harbour..

...

23.7 per 1,000 per annum.

19.6

35.1

Kanlung

Land

15.7

Shaukiwán

Land

38.8

Boat

47.5

Aberdeen

Land

31.1

Boat

21.6

Stanley

Land

50.0

Boat

8.2

The whole Colony,

Land

19.9

Boat

33.5

Land and Boat Population, 21.8

British, Foreign & Chinese Community, excluding Army and Navy,

21.9

G. A. WOODCOCK, Acting Secretary.

SANITARY BOARD ROOM,

HONGKONG, 8th January, 1901.

STATEMENT SHOWING THE DEATHS RECORDED UNDER THE DIFFERENT GROUPS OF DISEASES FOR EACH MONTH OF THE CURRENT YEAR.

1900.

CONVULSIVE DISEASES.

Under Over

one

Month. Month.

one

Throat

Affections.

Chest

Affections.

Bowel

Complaints.

Fevers.

Other Causes.

DEATH-RATE RECORDED PER 1,000 PER ANNUM.

TOTAL.

British and Foreign

Community, Civil

Population.

CHINESE COMMUNITY.

POPULATION.

Land. Boat. Land &

Boat.

Month of January,

February,

March,

April,

May,

June,

July,

August,

September,...

October,

November, December,

དེ དེ:ཀ ེབཀ ོལ

129 29 142 18 174 12 137 15 94 34 91 38 78 48

38 175 457 47

103 63

15.8 178 462 22.4 21.5 218 526 23.7 24.2 176 507 21.0 23.0 310 228 754 38.2 34.8 35.6 34.9 304 142 662 31.6 31.9 23.6 30.7 278 184 678 27.6 32.2 25.6 31.3 128 175 554 25.0 25.3 27.0 25.5

20.9

24.3 21.4

20.8 21.4

25.0

24.3

27.7

23.6

129 60

132

124

མ་གླ་

102 262

64 175 469 97 212 596 629 57 183 479

21.0 20.9 24.3 26.3 27.6 39.1 25.0 26.4

21.4

27.5

42.8

28.7

23.7 19.9 33.5

21.8

SANITARY BOARD ROOM,

HONGKONG, 8th January, 1901.

G. A. WOODCOCK, Acting Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 12ти JANUARY, 1901.

GOVERNMENT NOTIFICATION.--No. 23.

There is a vacancy in the Land Court (New Territory) for a Clerk and Interpreter.

Salary.... Qualifications,

$65 per month.

Good handwriting and ability to readily interpret and translate Chinese

into English and vice versâ.

　　Applications should be sent in to the Registrar of the Land Court at Beaconsfield, Victoria, not later than Saturday, the 19th instant.

By Command.

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 12th January, 1901.

GOVERNMENT NOTIFICATION.---No. 24.

Tenders will be received at this Office until Noon of Monday, the 28th January, for the lease of a Water-shoot and Hut at Lai-chi-kok, in the New Territory, with the right to sell Water to Junks and Sampans from the stream.

Particulars can be learnt on reference to the Director of Public Works.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.- No. 25.

　　Tenders will be received at this Office until Noon of Monday, the 21st January, 1901, for the construction of a road to connect the Kennedy Road with the Garden Road Tram Station.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 6.

　　The following Lot of Crown Land at Mong Kok Tsui, Kowloon, will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 21st day of January, 1901, at

p.m. :-

Kowloon Inland Lot No. 1,117.

For Particulars and Conditions of Sale see page 4 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Abbot.

Berli.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Fookyean.

Dahyencheung.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho.

Kne Kee.

Kunecheong.

Kwongchongloong.

Kwongyuen.

Leeyick.

Leigh Orange.

Hongkong Station, 12th January, 1901.

Lewis.

Lewjon.

Otiusam Joginsecol.

Penrose.

Phelps Miss.

Ricalton.

Stuttgart-German Steamer.

Taussig.

Tekchong.

Wardley.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5445, 5235.

5115.

F. VON DER PFORDTEN,

Manager in China.

THE HONGKONG GOVERNMENT GAZETTE, 12ти JANUARY, 1901.

GOVERNMENT NOTIFICATION.--No. 23.

There is a vacancy in the Land Court (New Territory) for a Clerk and Interpreter.

Salary.... Qualifications,

$65 per month.

Good handwriting and ability to readily interpret and translate Chinese

into English and vice versâ.

　　Applications should be sent in to the Registrar of the Land Court at Beaconsfield, Victoria, not later than Saturday, the 19th instant.

By Command.

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 12th January, 1901.

GOVERNMENT NOTIFICATION.---No. 24.

Particulars can be learnt on reference to the Director of Public Works.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.- No. 25.

　　Tenders will be received at this Office until Noon of Monday, the 21st January, 1901, for the construction of a road to connect the Kennedy Road with the Garden Road Tram Station.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 12th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 6.

　　The following Lot of Crown Land at Mong Kok Tsui, Kowloon, will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 21st day of January, 1901, at

p.m. :-

Kowloon Inland Lot No. 1,117.

For Particulars and Conditions of Sale see page 4 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Abbot.

Berli.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Fookyean.

Dahyencheung.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho.

Kne Kee.

Kunecheong.

Kwongchongloong.

Kwongyuen.

Leeyick.

Leigh Orange.

Hongkong Station, 12th January, 1901.

Lewis.

Lewjon.

Otiusam Joginsecol.

Penrose.

Phelps Miss.

Ricalton.

Stuttgart-German Steamer.

Taussig.

Tekchong.

Wardley.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5445, 5235.

5115.

F. VON DER PFORDTEN,

Manager in China.

Address.

Adams. A. H. Aloes, J. W.

Austin, T. P.

Akcles, G. J.

Adams, J.

Ath, G. P. D.

Letters.

Papers.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

POST OFFICE NOTICE.

Poste Restante Correspondence, 10th January, 1901.

Address.

Letters.

Papers.

Address.

Letters.

Papers.

Address.

Dawson. Mrs. P'. Duriot

Datema. Capt. E.

Entrican, Capt. J.

1pc Krafft, B.

Kennedy, R. J. Kennedy, R. P. Kiraulioff, A. T. Kirkwood. M.

Klamberg

Kahnunsky, S.

Norton, E. C. Nagel, G. P. Norris, K. C. Nellner H.

Letters.

Papers.

Address.

Rodrigo. B. J.

Raicevich, F. E.

Letters.

Papers.

Ahlmann, H. X.

Anderson, J.

Errol, Mrs. H.

Albert, H.

Evans, J. H.

Alexander, R.

Embden, M.

Alladeen, Dr.

Ellis. Mrs. F.

Lyons. E.

Anderson, Mrs. A.

Lauro, C. S.

Anderson, Miss D.

Bowie, A. A.

Bell, T. M.

Bush. D. F.

Beddulph, L. S. Bryan, R. Bun Heung Blomfield

Barry, Capt. J.

Bohm, O.

Bailie, J. J.

Feimberg, S. R.

Funge, U. W. Fowell, P.

Fernandez, V. F. Fawcett, G. Fowler, C. M. Furlonge. R. §.

Lewis, H. W. Little & Co., D. Lyons, J. Lyali, Hill Lowe, S. S.

Lusbany, R. J. Lopez, Miss E.

Lue

Lange, W.

Fung Kee

Luidskong, M.

Fernandes, D.

Lynch. G.

Fox, F.

Lenry, C.

Forrest. Mis. A.

Lambert, W. S.

Lisette, A.

Barber, T.

Baites

Barclay, Mrs. T.

Brander, W.

Geiss, II.

Beyson, A.

Gordon, J. C.

Bliefermcht

Gilluly, A. M.

Bergendahl, JO.

Gleeson, R.

Brockman

Bosenberg, W.

Chun Un Fook Chang King Cambell, Mr. M. Craig, Lieut. T. Coats

Champion, J. F. Cockburn, H. Cowden, H. S. Collard, J. B. Cassalond, D. Callsen, F. W. Carr, B. L. Cox, Mrs. Chisholm, G. P.

2231

Cambell, W. G.

Cardova, Mrs.

F. M.

Cotton, Dr. A.

Cambell, J.

Cooper, F. C.

Cops. Mrs. J. H.

Corah, A. M.

Chevers, W. G.

Clark. Mrs. F. R. Caulfield, W. T. Cooper. E.

Coke, Dr. G. H. Corcoran, Dr. G. Conan, E. L.

Dittrich, A. Drervs, Capt. Dade, Mrs. Dupignac

Draper, W.

Drewitz, H.

Dandort

pc.

Gordan, J. N.

Gradzizki

Gillis. Mrs. G. Gedaljy

Gquire, J. L.

Goelz, F.

Girling, G. R.

Gillispie, J.

Grunstein. Mrs. B.

Glasson

Girling, A. Gullcom, Mrs.

S. C.

Gutrude

Geasy,

1 Grey, Miss M.

Hall, W. G.

Hunter, C. G. W.

Hannaway, J. Hongkong

Amateur

Photo Club

Hughes, G. H. Hearder, E. H. Hawkmatria Houstin. Miss R. Herman, G. Hookway. Miss E. Harding, C. L. Hakney, W. Horn, F. J. Hindrichs, W. Hinderkoper, J. Hodder. S.

Johnson, J. W.

Jong Gee

Jackson, Capt. Joseph

Launder. W.

Lewis. R. (. Lawlor, B. S.

Luk Cheuk Man

pe. Meyer

Marshal, P. H. Mitchel, Miss I. Moreau Marty, L. Moore, P. J.

Maclean, Rev.

M. E.

Millar, J.

Mohammed, P. S.

Morrison, G. G.

McDowall, J.

McNamara, B.

1 pc. Marston. Mrs. J.

Moyi. Miss

Moody, Dr. C. McConnell, A. E. Menzell, Capt. W. McCallough Moutnenaix Miller, Capt C.

Muller, P.

Marquis. N.

Marshell, Miss P.

MacBain, G.

Macalpm

Meissuer, T.

Mackrchnie,W. E.

Mathews, Mrs. W. Mackenzie, A. C. McWilliams, Miss Mayer, E. Majer. Mrs. Montilla, B.

New York &

Java Tra- ding Co. Norsk. J. S.

Neill. John

Newill, W.

Olpp

Olaso. A. Osgood, A. Oldham, G. O'Dell. F. Oswald. R. Oldenberg

Pasar, H. Phipps, G. Patience, H. Phillips. W. B. Pomes, R. H. Pow Long & Co. Pillis

Panegeon. Mrs. Paterson, J. B. Pomery Miss Perzal, J.

Patyn

Pirv. A.

Pritchard, H, V. Patton. M. J. Phillips. L. Parks, W. Phillip. P. Pate. P. W. Paulding, G. Pasucal, F.

Rahman, A. Remedios. D. J. Royal Asiatic

Society Remedios, A. (. Robinson, C. Rennie, F. Reid, Capt. C. F. Rocha, Mrs. F. A Realton, J. Renori, G. J. B. Ripton. Segt. FS

pc. Rohr. W.

Rising, F. I. Rose. K M. Ricci & Co. Ross, Miss T. Ross, Miss M. J. Rafter, Major

J. A. Richardson, J. T. Raustzen. E. P.

pc Ralston, A. G.

Reys. G. Reyhill, W. Ross, A. J.

Rodrigus, A. C. F. Roberts, A. W.

Rott

i wi

Stanley, S. H. Smith, F. II. Schultze

Schonaner, H. M. Shaw

Samborn, F. G. - San Fat Sen Salvo, Ch. Skinner. W. Spence, Lieut. H. H. C. Suindter, H. Spence, M. Silva, A. M. M. Simon, Dr. M. Skordahl, J. Scott, G. M. Smith, II. M. Seaman, A. B. Stewart, J.

Shariff, Miss M. S. Salisbury, J. Suidter, L.

Spindaler & Co.

Scheffer, I. T.

Scott. C. H.

Smith, C. 1. Smith, F. R. M.

Schierhorst. Mrs.

Shepherd, E. Smith, B. Sullivan, O. Sheppard, T. M.

Santos, A. M.

Smith, J. R. M. Scott, W. G. Sanders, Mrs.

M. A. Sidney, Mr.

Thomas. K. Todd, Capt. J. Trumpt, E. Thorne, Miss M. Tomé. T. Tchang, M. J. Thomson, C. H.

Upton, G. Upham. H. U.

1bk.

pc.

}

Vance, Miss G. W. Vance, Mrs. B.

Wakelin. J. Wilson, James Waichu

Wolder, J.

Williamson, T. H. Watson, H. G. Weedon, G.

Richardson, J. Reid, J. G. Raeburn, M. Hyder, J.

pk.

means "packet.

NOTF.-"bk," means "book". "p." means "parcel." "pc." means" post card."

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1900.

Andersen, Capt. H. F. A. Attias, T. S.

　Ackermann & Co., R. Abonne, S. A. Adam, Miss

　Aziz Khan Lapiz Abdul Khan ·

Anthony.

Abdul Rahman

Aldny Khan

Arjun Singh Auzulatos, G. N. Afzal Khan

Butchen, Singh Bagoo Bagat Singh Buckie.

Brandt, C.

Bakan Singh

Bhagwan Singh Baksha Singh Bishen Singh

Brown, G.

Brandt, F.

Bauer, E. Brown, I.

Budha Khan (2) Bull, P. Galvão

Carrington, J. C. Cadieux. Miss J. Cotewall, H. R. Connell, J. J.

Chandi Singlı

List of Registered Covers in Poste Restante.

Crisp, Mrs.

Carum Baksh, (Umballa) Commander in Chief.

Calcutta Turf Club.

Caine Road No. 29 Chandar Pal Singh Counsell, W. G.

Danenberg, E. Davies, D.

Eldred, Mrs. Etiene, Gallilo Eleshal, E.

Evans, Capt. C. H.

Eskell.

Earle, Miss S.

Frankel, H.

Filiberto, V.

Hicks, Col. Chas. B.

Harmston, Mrs. Geo. Hooker, Mrs. (. Harman Singh Heintz, H. Hira Singh

Hooper, Mrs. A. F. Hinton, R. S.

Hakam Din

Hawan Singh Hoamei (2) Hollister. G. K. Hinda Singh

Ibrihim Khan Ise Khan

Jules, Mue. R. Jackson, J. Jenkins. B. N,

Fritz Gerald, H. C. (New Joseph, S. S. Abdul

Fazal Ahmed (2)

York.)

Falkenflick, S.

Falck, W.

Flores, J. S.

Fox, F. (2) Forrest, Mrs. A.

(2)

Goldenberg, B. Geoghegan. N. M. Guria, M. Giese, A.

Gosselin, Comm. Ghulam Rasool

Coy, C.

Cooper, A. J.

Hazam Singh

Kader Bap

Kala Singh Kaplun, N. Kumraz Khan Knappstein, 0. Kamman Singh Kurozuni, K.

Liaco, Cheang Lopes, Da. C. J. Lowe, W. S. Love, Mrs. R. Lam, Aron

Lemaire & Co. Love, Mrs.

Little, Mr.

Ladha Singli Lovatt, Miss

Mandigs, A. L. Maula Bux Mahomed Akbar Manga Khan Mussa Khan Mohamed Khan Mondhini, Ph. Mangude Singl Makend Singh

Mehta, C. E.

Ridont, J. T. H. Rustam Khan Ressurreccion, M. Rongier, J.

Shaminsky, S. Sultan Mahomed Smulas, H. Saloon, A. J. Sato, T. Sahay Khan Saifa

Said Mahomed

Sassoon, P.

Munshi Hussain Shah Sahib Stanford, Mrs. M.

Moola Singh

Moller, W. A.

Mulla Singh

Maslovosky, M. W.

Mulvany, Mrs. J.

Nicoll, Miss A. Naden, Thomas Nazal Khan Nalillo Bux Nihull Singh Nical, Miss M.

Owper, Geo. Ortiz, C. (3)

Pierra, D.

Pino, F. Lara y (3) Plant, J. S. (2)

Rajaram Singh Rahim Alli (2)

Thornhill, Capt.

Teves, Mariano Tomas, C. F. Telvier

Utter Singh Umetami, N.

Vasukhusing, Sgt. Veazey, Mrs. L. (2). Vetch, F.

War Singh Wan Pau Yau

Wegener, Dr. (2) Weiss, Capt. T. L. Woods, T. S.

Young, F. H.

Zaiza, M. M. de

List of Registered Covers for Merchant Ships.

..J. C. Renfrew.

.F. Wallat.

.K. Morgan.

.Capt. J. H. Svendsen. (2)

..P. M. Clay.

S.S. "Adato," S.S. "Amigo," S.S.Bellerophon," S.S.Bergenhaus,' S.S.Brand," Ship Buteshire." Ship Buteshire. S.S."Carthage,' S.S." Calchas," S.S. Calchas."

Changsha,'

S.S.

S.M.S.

Dardants.

Decima,'

Gefion,"

S.S. Glasgow." S.S. "Glenogle, S.S. Haiching," S.S. Kirkfield,"

.Capt. J. Thornsen,

C. Thomson.

.M. L. Miguon. .H. C. Bensley. .Mr. Carefull. ..Capt. Tom Moore. ...J. Henderson.

O. Bohlan. Rollioann.

..B. Domenico A.B."

Mr. Clements,

E. F. Gibson. ..G. Dubren.

S.S.Lalpoora," S.S.Menelaus," S.S.. Milos,"

S.S." Minto," S.S. Munchen,"

Ship Nevelle,'

Ship

"Norwood,"

S.S."

Penarth,"

S.S. S.S.

Shantung. Shantung,"

S.S. Szechuen.' ShipSierra Estrella," S.S.Sydney," S.S. Taiyuan,"

S.S."

Ulysses,' S.S.Utta." S.S.Vienna." S.S. Wongkoi,"

•

..A. Love.

..J. Ambrose (6).

.A. Hausen (2).

Abdool Karim Ebrahim.

W. Rummler.

.Capt. D. Steven. .S. Takake.

.Captain.

.Capt. Quail. .Capt. Rebblemund. .Capt. Hall.

S. Cruston. ..A. Lagrange. ..W. Pugh.

.H, Weldon (2).

M. England. .C. McLay.

.C. Schuuz.

Anden Oberingenior der offentlichen Arbeiten in Vladivostock. Ah Cheong,

Barclay, J. B.

Bevan. Archur Bornemann. Ferd.

Callaman. Grn. M. Counsell. W. G. Clark. W, W. (3)

Eckert. Miss R.

Fernandez. V. D.

List of Unclaimed Parcels.

Groves, Capt. T. W. Groves, Mrs. T. W. Geoghegan, Capt. S. Gottwaldt

Oakley. H. E.

Parpart, Kurt V.

Reynolds, E. M.

Spillane, W. G.

Telitchagoff, Madame,

(Vladivostock.) Tang, T. H.

Vernon. L. D. Vetsh, Mad. F. (2)

Warrack. James

Yee Hong.

8.8. S.S. Breamar,'

Benlawers.'

S.S. Canton,"

S.S. Carlisle City.'

S.S. Carthage,' S.S.Else." S.S.Independent." S.S. Kaifong,' S.S. Kumsang," S.S.Mausang. S.S."Monmouthshire,'

S.S. " Mozambique,"

List of Unclaimed Parcels for Ships.

....J. McQueen.

.A. Samuelsen.

..Gunn. G. Mercado.

"James Croll,

.Capt. Lendon.

Capt. Petersen (3). Capt. A. Holtz. H. S. Clifton (2). Hugh Cuthbertson. Wm. Whitton.

Capt. T. Kennedy.

...Capt. R. McCrom.

S.S."Nippon Maru," S.S. Olympia," S.S.Prinz Heinrich," S.S. Queen Adelaide,' Transport Rewa," S.S.Salamis," S.S. "Strathgyle,' S.S."Tiger," S.S. Tritos," S.S. Victoria, S.S. "Wingsang,'

S.S. Yu Shun,"

.Capt. J. F. Allen. (2) .C. B. McMullen (3)

David Benjamin. ...J. McMillan.

Wm. Mustarde. ..II. Earl.

.D. Mac Donald.

.S. Phral. M. Foyn. ..P. Nielsen (2) ..O. Wennberg.

.Capt. Allan.

.E. W. Clements.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

Dead Letters, &c.-12th January, 1901.

Adams, Miss M:

Aitken, W.

Akong, Miss A. W.

Ashby, Miss A.

Atwell, T.

Ball, Mrs. A.

London, S.W.

.Glasgow

.Honolulu

Co Down

.Hull

Deptford

Barnett, Miss

Bastard, G. E.

Beadell, Mrs. A. T.

Bartingale, Pte. R. J.

.Plymouth

.H.M.S. Sans Pareil, Sheerness .H.M.S. Tamar, Hongkong .Highgate, London

Beaumont, Mrs. H.

..Dover

Betsworth, E.

.H.M.S. Northumberland,

1 Letter.

Logan, A.

Lusche, Luisa

2 Letters.

McAlpine, G.

1 Letter.

2 Letters.

McCuen, D...

1 Letter.

MacLaughan, E................

Ludgate Press Asstn., Ld....

McBean, Miss D. J.

McKay, G.

McMahon, Mrs. John

Washington

London

Valparaiso

.H.M.S. Cæsar, Malta..

Edinburgh

.Mare Island

.S.S. Olympia, Tacoma .Bristol

McVitæ, Mrs. A.

Main, J.

Mangani, F.

1 Letter, 1

New York.

Yukon Terr.

..San Francisco

Milano.

Chatham

Marshall, Pte. W., R.A.M.C. Woolwich..

1 P. Card. 1 Letter.

Billard, M.

.Southampton

Marston, P. W.

Booth, Jack.

..Chatham, Dock Yard.....

May, Miss Edna

Borland, J..

.Shanghai

2 Papers.

Meredith, Mrs.

Bradley, Pte. S. W.

King's Royal Rifles. Natal,

Brady, Mrs. P.

Caine, T..

Cameron, Mrs.

Camp, Miss E. T.

Cann, H. F.

Brakeford, Mrs. Brinson, A..

Brooks, Miss A. Brown, Mrs. Burtison, C........

Burrows, T. D. Burton, Miss A. Butcher, Miss F. But, Carlos Butler Bros.

Santa Monica, California

Little Ilford........

.London

Valparaiso .Oxford

.Manchester

South Africa

.Yokohama

..London..

2 Letters.

1 Letter.

H.M.S. Rodney

.Hampstead

.St. Grimsby, N.W.

.H.M.S. Duke

Wellington,

Portsmouth

Bognor

Paris

Chatfield, Miss L.

Cole, Miss C.

Collins, Mrs. M.

Collins, Mrs. W. Combe, Mrs. P. Cooper, R.

Cross, Miss F...

Dedman, G..........

.Ship Ellen Read, Boston...

Folkestone

London

W. Brompton

Portsmouth

Hove... Wigan

Southampton

Fareham

Clapton

.New York..

.Brighton

.H.M.S. Ocean, Malta

Seattle

.Canterbury

Pfeiffer, Dr. R.

Bremenhaven

Pietro, Cupaldi

.America.

Miller, Miss R. Mitchell, J. L... Moores, Mrs. J. Morish. Mrs.

Morres, C.

Morres, Gr. J., R.H.A.

Moss, Mrs. H. B.

Moulden, H. A. Muir, Miss Nellie

Mythes, Miss M. Nelson, C. Novesk, S. Ormes, H.

Park, Mr.....

Parker, Mrs. Pellow, F. C.

Petersen, Chas. Petts, Mrs.

..New York......

Plymouth

H.M.S. Pembroke, Chatham... 1 Woolwich

Chatham

London, E.C.

Los Angeles...... .Fulham, E.C.

Chatham .South Lorain

Manchester

2 Letters.

Regent's Park, S.W..

1 Photo.

Bristol

1 Letter.

Shanghai

Stockport

...Galveston

.Stonehouse

Devlin, Miss ().

Lyons, Ill

Dienkelburg, (). J............

U.S.S. Baltimore, London

Doig, Mis.

.Southsea

Donohoe, Mrs.....

.Dublin

Douglas, Mrs. J.

Dunn, Pte. J.

Ezekiel, M.

•

Ezekiel, R. M........

Ferguson, J.

Fisher, Mrs.

Fogg, Miss E..

French, Mrs.

Garham, Miss A.

Gillispie, Mrs.

Goldsmith, A..

Gomm

Gove, Mrs. Frank Gover, Miss L. Greeslade, G.

......

Griffen, Miss E.......

Grubb, G.

Hanuen, Lady

Harding, Mrs. J. R.

Harvey, Miss

Hawker, Miss L.

Herbert, Mrs.

Hernandez, E....

Hogben, G.

Hogger. Miss A. Holder, W. Hooker, F.

Hughes, Miss K.

Iles, Pte. G....

Ingham, Miss.... Isted, E.

Jerusalem .Nikko. ...Paisley

Lower Sydenham ..New York........

London .......

...

4th Dragoon Guards, Rawal

Bournemouth

.Beckton

Pindi

.Staines

...New Brunswick

..St. Keyne

Leith

Shiplake, Oxon

Kilburn N.W. ....Maidenhead

Yokohama Hongkong

...

Maidenhead

.Brighton

Manila Plaistow .Harwich

...

2 Letters.

1 Letter.

Pittman, Miss A.

Pittman, Miss M. M.

Porter, Mrs.

Preston, Mrs. M.

Pritchard, H.

Reese, W. T.

Reid, G. M...

Reynolds, Mrs. Roberts, Mr.

Roberts, Mrs. M. Rowe, Miss D. Sadler, Harry Saneck, Paal

Sax, Mrs. Cherles Schuer, Mrs. M. Short, Miss K. Siddall, Miss B. Sjostrom, Carl

Smith, Mrs...

Smith, A. C.

Smith, C.

Smith, Miss P.

Steiner, E.

Steward, A...

Stocks, Mrs.

Tang Shi, Mrs.

Stevenson, Mrs. D. W.

Sevaffield, J. F.

Taylor, Mrs. B.

Taylor, J.

Templeton, Miss.

Willesden Green

Clapham Junction

Eastbourne

Cardiff

...Tottenham

U.S.S. Baltimore, London Graves

.Shepherds' Bush, London

Canterbury

Seattle

London, W.C.

Fulham, S.W. .Manila

.East Wolesey .New York.

Bristol .Nottingham

.London...

Bristol

Clapham, S.W.

Whale Is., Portsmouth Forest Gate

1 Photo.

1 Letter.

2 Letters.

1 Letter.

New Amsterdam, Br. Guiana. 1

Valparaiso

Richmond, U.S.A.

Islington

Bermondsey, S.E.

Liverpool

Plymouth

Holloway, London

Oakland

Thomas, Mrs.

.Liverpool

Thompson, J.

H.M.Š. Tauranga, Sydney

Tower Publishing Co.

..London, E.

Tucker, Mrs. G. II.

.Plymouth

Turner, G.

Brighton

Vick, F.

Vinall, Mrs.

Voel, Miss L.

Portsmouth

..............Southampton

...Sonthampton

H.M.S. Tribune, West Indies 1

Southsea

Bexhill-on-sea

Jackler, Mrs. Saffron

Walden..

1 Paper.

Johnson, Mrs. B.

.Paris

1 Letter.

Jones, Mrs.

London, S.W.

Jones, G.

.Birmingham..

Kent. Miss E.

Willis, T. R.

Wilson, J.

Wise, Mrs.

King, Mrs. W. Knuckey, V. G.

Leon, P.

Liddington, Mrs. Littlewood, A.

.Paris..

Birmingham... .Rutherglen Port Said.. Aldershot

Cheapside, E.C.

Waters, David Webster, Mrs. K. Wells, Mrs. J................

Welsh, J......

Willard, G. A.

Williams, Mrs. R.

Willis, Mrs.

Woodbridge, Mrs.

Wood, S... Woods, Miss E.

Bristol

Eastbourne Richmond.... .H.M.S. Repulse

Southsea Indianapolis Cape Town .New York .Portsmouth .Birmingham .London.

Liverpool. ...London, W. .Paddington

H.M.S. Venus, Malta ..Chatham

1 P. Card.

1 Letter.

The above letters have been returned from various places at which the a dressee: cannot be found, or have been refused. If not claimed

within ten days, they will be opened and returned to the writers.

Address.

Letters.

Papers.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

Unclaimed Letters for Merchant Ships, 10th January, 1901.

Address.

Letters.

Papers.

Address.

Letters.

Papers.

Address.

Letters.

Papers.

Ausgar

Anna Moore

　Aunerley Argyle

Brant

Dilaj Dixie Deamara

Devawongse

Glenogle Gymerio Garonne

pc.

Hebe

Elm Branch

Hitachi Maru

Bungaree

Exe of London

Hoi Lee

Lenator

Lodiana

Morven Murani

Mozambique Monkseaton

Buckingham Barbloch Bentomond

Eturia

Hailar

Eidovold

Hatting

Marianne Mazagon

11221T

Emma Luz Ken

Hillglen

Benickburn

Harbin

Benlovers

Cymberline Cedar Bank

Claverdale Carmanian

Caithness

Chang Reong

　Claverdon Claverly

Goth Glooscap Goodiava

General Bac-

quedaur

Falls of Neltic

Frankfort

India

Forest Dale

Irene

Khyber

Kitty

Kassala Kong Mau

Neville Norwood Nagadan Nairnshire

Prudentia

Patrie

Paul Revère Pronto

$21

16 17

Calypso

Commerce

Glenterrent

Glenfarg

Lake Eric Lenpleo Lowenburg

Riverdale British

Rajah Roland

NOTE.-" bk." means

"book." "p." means

parcel." "pc." means

'post card,"

Address.

Letters.

Papers.

Rhipeus

Rio Negro

South America Stats Maru Sicilian Swanhilda Sarphedon Semao Stradhord

331

Tardis

Tei Fu

pc.

Vadala

Valkyrian Victoria Veimeira

West York Wilhelmina

Yorishima Maru

List of Articles lying in deposit at the Base Post Office, British Contingent,

Arthur H. Adams, Esq.

Dr. Abdussuttar Khan.

Lt. C. J. L. Allanson, R.A.

Major T. L. Boulanger.

J. Č. D. Burton, Esq.

Qr.-Master Sergt. H. Brown. Capt. R. G. Burton, Sergt. T. Brooker.

B. Behari Lall Chuckerlutty. Asstt. Surg. E. J. Culpeper.

Sergt. R. Clarke, 31st F.B., R.A.

Lt. A. J. Coke, 3rd P.C.

Lt. C. G. Campbell, 4th B.I. Major S. Comfort.

L. Darhari Ram, H.A.

Dulji, B.C.C.

Pte. G. Deacon.

Sub-Condr. W. Doolan.

Lt. Col. C. M. FitzGerald.

China Expeditionary Force, 30th December, 1900.

Major A. A. Fraser.

A. B. Fry, Esq., M.B. Goondoo Bhicajec Hitoorkar. Condr. W. D. Gray, A.S.O.

Dr. J. C. Gillmon. Asstt. Surg. Sergt. E. Hall, Comst. Dept. L. Hamir Chaud, Vety. Asstt. Staff-Sergt. W. Jones. Capt. R. E. H. James. G. L. Jones, Esq., R.H.A. Br. H. J. Jacob.

Lt. W. M. St. G. Kirke, R.A.

Gr. Lewis, 12,238.

B. Lall Chaud, S.S.K.

Mr. Charles E. Littlewood.

G. A. J. Kite.

C. H. McMinn, Esq.

Corpl. II. A. Mercer.

Capt. A. H. Montagu, 21st P.I.

| L. Parbhudial, Storekeeper.

Dr. L. J. Pisani.

L. Pirthi Chaud, Vety. Asstt. Ramlall Butler, c/o. Lt. Surtores. Major R. Ross, I.M.S.

Capt. C. G. Robson.

Lt. Cecil Schrottby, R.A. 2nd Lt. H. M. D. Shaw,

Capt. H. G. Sergeanot, R.A. Sheo Prasad, H.A.

Capt. C. W. Stulpnagal.

H. H. Syer, Esq.

Capt. J. Thornhill, 6th M.I.

Mr. Oscar F. Temple.

Capt. J. O. Travers. Sergt. F. Treadwell.

Capt. J. Wade, Engr. Sergt. Wake.

Capt. L. N. Younghusband, 19th B.L.

German Mail, 18th October,

1900.

Golden Penny (The) 28 July

and 4 August, 1900.

Ardrossan and Saltcoasts Herald, 14 Sept., 1900.

Bulletin (The) (several co

pies.)

Catalogues.

Coleraine Chronicle (The) 15

September, 1900. Constitution (The) 15 Sep-

tember, 1900.

Evening Express, 7 August, Leader (The) 15 Sept., 1900. Lyttelton Times (The) 6

1900.

September, 1900.

Strand Magazine (The) Sep-

tember, 1900.

Pictorial Magazine, 4 Aug, Weekly News, 15 Septem-

1900.

ber, 1900.

French

Arbroath Guide (The) 25 Christian Herald (The) 23

August, 1900.

Catalogues.

Central Christian Advocate,

29 August, 1900,

Mail, 23rd October,

German Papers.

1900.

August, 1900.

Home Words.

Le Petit Marseillais, (several

copies.) Librairie Hachetta.

Novidades, (several copies.)

Don Marzio.

Il Mattino.

Evening Press, 21 August,

1900.

La Gazette Commerciale.

Movimiento d'ella Naviga-

zione.

People's Friend, 30 August,

1900. Peniel's Missionary Work.

Al-Ah Ram.

Battshire Journal, 25 Sep-

　　　tember, 1900. Bulletin Quarantenaire.

Caffaro, 28 September, 1900. Catalogues.

Child's Companion, October,

　　　1900. Corriere Della Sera, 15 & 16

September, 1900.

Evening Standard (The) 25

September, 1900. German Papers,

English

Globe (The) 28 September,

1900.

Het Vaderland, (11 copies.)

Il Ciorno.

Jan-e-Jamshed, (6 copies.) Journal de Liege, (6 copics.) Journal de St. Petersbourg.

Mail, 28th October,

1900.

Le Jura Bernois, (several Nouva Gazzetta di Bergame. Soldier Bill.

copies.)

Le Patriote, (5 copies.) Le Pêle-Mêle, 22 July, 1900. Les Contemporaines, 20 Sep-

tember, 1900.

L'Illu tre Wallon. Lloyd's Weekly Newspaper,

23 September, 1900.

Madelina, a Red Cross Sister.

La Croix, 30 September, Newness of Life, (5 copies.)

1900.

North-China Herald, 25 July,

1900.

La Perseveranza, (7 copies.)

...

Photo Bits, 22 September,

1900.

Public Opinion, 28 Septem-

ber, 1900.

Red Letters, (3 copies.) Revista Portugueza, 20 Au-

gust, 1900. Roma, 19 September, 1900.

Societé Française des Char-

bonnages di Tonkin,

Statistica del Commercio Spe

ciale di Importazione e di Esportazione, 31 August, 1900.

St. James'

Gazette (The)

28 September, 1900. South African Trade Journal,

5 September, 1900.

Weekly Irish Times, 15 Sep-

tember, 1900. Whiter Than Snow. World's Paper Trade Re-

view.

CO 10

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

American and German Mails, 1st November, 1900.

Arbroath Guide (The) 8 Sep- Christian Herald, 6 Septem-

tember, 1900.

Bulletin Trimestrial de L'As-

sociation.

Canadian Contract Record,

19 September, 1900. Catalogues.

Answers, 11 August, 1900.

Catalogues.

Cassel's Saturday Journal, 3

October, 1900.

Cork Constitution, 29 Sep-

tember, 1900

Christian Intelligence, 10

September, 1900.

ber, 1900. Chicago Medical Times.

Export Trade.

Generous de Sera. Glasgow Weekly Mail.

French Edinburgh Medical Mission- ary Society, May, 1900. Electrical Engineer, Septem-

ber, 1900.

German Papers.

Helensburg and

Garlock

Times, 3 October, 1900. Hooner's Penny Stories.

Daily News (The) 22 Sep- I Rosario e la Noueva Pom-

tember, 1900.

Agricoltura Moderna. Australasian Intercollegian,

1 September, 1909.

Blairgowrie Advertiser. Boletim Official,

Building News, 12 October,

1900.

Catalogues.

Chatham, Rochester and

Brompton.

Crente, 6 October, 1900.

Daily Telegraph, 11 Octo-

ber, 1900.

D'Echo, (12 copies.)

Age (The) 15 October, 1900.

British Weekly, 9 August,

1900.

Brighouse News, 21 Septem-

ber, 1900,

Caffaro.

Cape, Argos Weekly Edition (The) 3 October, 1900. Catalogues. Christin 27 Sept, 1900.

Acknowledgment of God

(The). Arkansas Methodist (The)

16 October, 1900. Army and Navy Gazette, 20

October, 1935. Australasian (The) 27 Octo-

　ber, 1900. Association Awicable.

Black and White, 20 Octo-

ber, 1900. British Medical Journal, 27

October, 1900. British Weekly (The) 25

October, 1900.

Cassel's Magazine. Cassel's Saturday Journal,

8 August, 1990. Catalogues.

Catalogue of Bacteriological

Apparatus. Catalogue of Lanterns and

　　Accessories Catalogue of Machine Tools. Catalogue of Physical and Practical Physics Appara-

tus.

Catalogue of Photographic Apparatus and Chemicals. Chambers' Journal.

pei, (6 Books.

De Tijd.

International Journal of Sur- Liverpool Weekly Mercury. Out Book.

gery,

Le Croix.

La Dépêche, (8 copies.) L'Avenir du Puy-de-Dome,

27 September, 1900. L'Echo de Paris. L'Eclair, ( copies.)

Minnipely Daily Tribune

(The).

Moneteur de la Hygiene Pu- blique, 1 September, 1900.

New York Weekly Press (The) 3 September, 1900.

People's Friend, 3 Septem-

ber, 1900.

San Francisco Chronicles, 2

October, 1900. Weekly Telegraph, 19 Sep-

tember, 1900.

Middlesex County Times, 20 Trusting and Toiling, 15

October, 1900.

September, 1900.

Mail, 6th November, 1900.

International Journal, Sur-

gery of

La Croix.

New York Herald, (several

copies.)

Le Jura Bernois, (several Notice to Mariners, 22 Sep-

copics.)

Le Petit Marseillais, (4 co-

pies.)

Le Petit Parision. Le Rêveil.

Lloyd's Weekly Newspaper,

30 September, 1900.

tember, 1900.

People (The) 29 July and

16 September, 1900.

Saturday Weekly Citizen, 29

September, 1900.

English Mail, 10th November,

Diario do Governo, 5 Octo-

ber, 1900.

El Mercuris, (several copies.) Engineering, 13 August,

190 '.

Germaur Pa; ers. Golf Illustrated, 12 Octo-

ber, 1900.

Great Thoughts, 8 and 15

September, 1900.

Illustrated London News,

13 October, 1900. Il Piccolo, (several copies.) Il Rosario e la Nouva Pom-

pei.

Journal de Liége. Journal de St. Petersbourg. Journal of the Department

of Agriculture.

La Croix.

La Gazzetta di Malta.

Il Gazzettino, 15 Septem- La Vera Roma, (6 copies.)

ber, 1900. Illustrated Mail.

French

Church Family Newspaper,

12 October, 1900. Colorado Medical Journal,

June, 1900.

Daily Chronicle (The) 18

October, 1900,

Engineering and Mining

Journal, 6 October, 190. Engineer (The) 8 June. 1900. Engineer Telegraph, 6 Octo-

ber, 1909.

Le Journal d'une Fenuce de

Chambre.

1900.

Lennox Herald (The). Le Patriote, (several copies.) Le Petit Bleu. Liverpool Mercury, 12 Octo-

ber, 1900. Liverpool Daily Post, 26

July, 1900. London and China Express, L'Osservatorio Romano, (11

12 October, 1900.

copies.)

Methodist Quarterly, Octo-

ber, 1900.

Moniteur Intérêts Materiels,

(4 copies.) Monthly Army List.

1900.

Le Depêche, (7 copies.)

Mail, 20th November,

Engineer Times (The) 13

October, 1930.

Life of Faith, 17 October,

1900.

Gazette (The) 13 October, Lloyd's Weekly Newspaper,

1900.

Il Piccolo.

Japan Times, 9 November,

1900. Journal de Liège,

Leader (The) 13 October,

1900.

9 September, 1900.

Mission World, 15 October,

1900.

News of the World, 5 Octo-

ber, 1900. Newquay Guardian (The)

5 October, 1900. New York, (7 copies.)

English Mail, 24th November, 1900.

Highland News, 22 Septem- L'Indepcudence

ber, 1900.

24 October, 1900.

China's Millions, November,

1900.

Commercial Intelligence, 27

October, 1901. Contemporary Review. Cork Weekly Examiner, 25

October, 19.10. Courrier du Val-de-Travers.

Daily Malta Chronicle, 25

October, 1990.

Daily Telegraph (The) 22, 23, 24, 25, 26 and 27 Oe- tober, 1990. De Tijd. Dundee Advertiser, 24 Octo-

ber, 1900.

Educational

Review Sep-

tember, 1990; Emporium, September, 1000.

Field (The).

Gazette Radomska. Genie Civil (Le) 20 October,

1900.

Germancher Lloyd. German Papers, Glasgow Weekly Herald, 20

October, 1900. Greenock Telegraph, 22 Oc-

tober, 1900.

Home Magazine, 22 & 29 September, G & 22 Octo- ber, 1900.

Il Gazzettino. Illustrated London News. Il Museo

Milano.

P.ldi-Pizzoli in

Il Seculo, 22 October, 1900.

Japan Daily Mail, 15 No-

vember, 1900. Journal de Liége, (several

copies.)

Journal de St. Petersbourg.

La Croix, (several copies.) L'Adriatico, 25 October, 1900. La Meuse.

Lennox Herald (The) 15

September, 1900.

Le Moniteur des Cottes-du-

Nord.

Le Musion.

Le Patriote, (several copies.) Le Petit Var, (several copies.) Le Petit Journal, 24 Sep-

tember, 19.0. Libertas.

Lloyd's Weekly Newspaper,

21 October, 1900.

Medicale,

Modern Society, 20 October,

1900. Morning Post (The) 23 Oc-

tober, 1900.

Newport and Market Drap- ton Advertiser, 20 October, 1900.

Nieuwe Rotterdamsche Con-

rant.

Watch Word (The) 22 Sep-

tember, 1900. West Sussex Gazette, 27

September, 1900. Week (The) 5 October 1900.

Yorkshire Herald, 6 Octo-

ber, 1900.

News of the World (The) 10

September, 1900.

Paisley & Renfrewshire Ga-

zette, 6 October, 1900. Rinderbote.

Sample of Cloth.

Sailing List. Standard (The) Sunday Companion, 6 Octo-

ber, 1900.

San Francisco Chronicle.

Times, Weekly Edition.

Ultramar (0).

Perthshire

Constitutional

Journal, 15 October, 1900.

Reveu de Indo-Chinoise.

Sample of Coffee.

Scotsman (The) 16 October,

1900. Southmolton

Gazette, 22

•

September, 1900. To-day, 11 October, 1900. Yorkshire Post (The) 11 Octo-

ber, 1900.

Scientific American Supple- mentary, 20 October, 1900. Singapore Exchange Market

Report.

Stationery Trades Journal. Sports Gazette (The) 20 Oc-

tober, 1909. Southampton

Times and

Hamshire Express, 13 Oc- tober, 1900. Sydney Morning Herald, 3

November, 1900,

Northern Star, 25 October, Times (The) 20, 22, 23, 24

1900.

& 25 October, 1900. Tit-Bits, 13 & 20 October,

1900.

Otago Daily Times, 26 Sep Tweede Kamor, (several co-

tember, 1900.

Pall Mall Magazine, Octo-

ber, 1900. Pearson's, October, 1900. People's Journal (The) 6

October, 1900.

People's Friend, 15 October,

1900.

Publications of the Astrono- mical Laboratory at Go- ningen.

Registre Recapitulatif.

pies.) To-day, 18 October, 1900.

Weekly Free Press (The)

20 October, 1930. Wiltshire Country Mirror &

Express (The).

Union (The) 22 November.

1900.

Young Ladies' Journal.

THE HONGKONG GOVERNMENT GAZETÍE, 12TH JANUARY, 1901.

Bo'ness Journal (The) 26

October, 1900.

British Baker (The) 26 Oc-

　tober, 1900. British Medical Journal, 8 and 15 September, 1900. Bulletin (The) 27 Oct her,

1900.

Catalogues, 27 October, 1900, Cheshire Observer (The) 27

October. 1900. Christian Herald, 17 Octo-

　ber, 1900. Cook's Australasian Travel- lers' Gazette 1 Nov., 1900.

Evening Post, 27 October,

1900.

German Papers.

DOVE "SuteFrench Mail, 3rd December, 1900.

Glasgow Weekly Mail, 20

October, 1900, Golden Penny (The) 3 Nov-

ember, 1900. Greenock Telegraph (The)

26 October, 1900.

Half Holiday, 3 November,

1900.

Harper's Monthly Magazine. Hereford Journal, (The) 27

October, 1900. Histoire Industriell".

Il Consulente Ecclesiastico. Il Gazzettino. Illustrated London News, 27

October, 1900.

Il Seculo.

Irish Endeavour (The) Nov-

ember, 1900,

Journal de Noticias, Journal Officiel. Journal de St. Petersbourg.

Ladies' Field (The). Lady's Realm (The). La Tribuna de Geneve. Le Propagatuer, November,

1900. L'Estafette.

Liddell's Weekly, 26 Oc-

tober, 1990.

New York Times (The) 28

October, 1900.

Sketch (The 24 October,

1900.

New York Tribune 27 Oc- Standard (The) 30 October,

tober, 1900.

1900. Nineteenth Century, Oc-

tober, 1900. Northern Countries Maga-

zine, November, 1900.

Sun (The) 28 October, 1900.

Times Weekly Edition, 2

November, 1900. Tit-Bits, 27 October, 1900,

Our Own Gazette, Novem- Traveller (The) 20 October,

ber, 1900,

L'Italia Reale Coricre Va- People's Friend, 29 October,

zionale.

M. A. P. (The). Monthly Magazine of Fic-

tion.

Mail and Express, 27 Oc-

tober. 190. Montreal Philatelist.

1900.

People's Journal, 27 October,

1999. Prabhat.

Punch.

Record (The) 2 November,

1900.

Scotsman (The) 27 October,

1900.

Glasgow Evening News, 31 Japan Daily Mail, 20 Nov- New Penny Magazine (The) Semi-Weekly Colorist, 23

October, 1990.

ember, 1900.

27 October, 1900.

October, 1900.

1900.

Universal Market, 24 Octo-

ber, 1900.

Union (The) 1 October,

1900.

Vasarnapi Zjag.

Weekly Scotsman, 27 Octo-

ber, 1900.

1900.

Weekly Press, 24 October,

World (The) 27 October,

1900.

American Wood and Cotton

Reporter, 6 September, 1900. Associated Board of the Royal Academy of Music and the Royal College of Music.

Black and White, 3 Novem- ber & 2 October, 1900. British Weekly, 8 November

& 23 October, 1900.

Cassier's Magazine, Novem-

　ber, 1900. Catalogues.

Christian, 25 October, 1900. Christian Endeavour, 1 No-

vember, 1900.

Daily Malta Chronicle, 31

　October, 1990. Daily Telegraph.

English and German Mails, 9th December, 1900.

Engineering Magazine, No- Java Bode, (several copies.)

vember, *1900. Engineering, 9 November,

1900.

Farm Field Garden (The) 3

November, 1900. Forget-me-not, 3 November,

1900.

Galloway Gazette, 27 Octo-

ber, 1900. German Papers. Glasgow Weekly Mail, 27

October, 1990. Greenock Telegraph, 30 Oc-

tober, 1900.

Hampshire Telegraph, 3 No-

vember, 1900. Il Messaggero.

I Seculo, (several copies.)

Journal de St. Petersbourg. Journal of the Royal United

Service Institution.

La Croix. Lady (The) 8 November,

1900.

La Gazzette. La Gazzetta Dello Sport. Lennox Herald (The) 27

October, 1900.

Le Pariote, (several copies.) L'Etoile Belge. Lloyd's Register. British and

Foreign Shipping. Liverpool Courier (The) 9

November, 1900. Liverpool Weekly Post. Life of Faith, 31 October,

1900.

Lloyd's Weekly Newspaper, Sample of Cotton.

(6 copies.)

Medical Temperance Review. Mercy and Faith Moniteur des Intérêts Mate-

rieles. Morning Star, 1 November,

1909.

Natal Witness (The) 27 Oe-

tober, 1900.

New Court Pulpit (The). Notices to Mariners (7 books.)

People, 4 November, 1900. Polititien, 2 November, 1900.

Queen (The). Quiver (The) November,

1980.

Sample of Cloth.

Scotsman (The) 31 October,

19 10. Scraps, 3 November, 1900. Strand Magazine (Ta :). Sunday Stories. Sydney Morning Herald

(The) 5 November, 19.0.

Weekly Box of Curios, 19

November, 1900. Wellington Journal & Shrews- bury News, November, 1900. West Kent Church Mission-

ary Gleaner, November, 1900. Writing Machine News, Oc-

tober & November, 1900.

Youth's Instructor, 1 No-

vember, 1900.

Advertiser (The) 2 copies. Allenbury's Foods, 21 No-

vember, 1900, Amsterdamsche

Courant,

17 November, 1900. Anales de Electro Homeo-

potic.

Bollettino di Notizie Com- merciali. (several copies.) Book Circular, Nov., 1900. Book Lover (The).

Bücher, (several copies.)

Calvert's Catalogues. Catalogues. Caxtonian Quarterly (The). Chemist and Druggist. Christmas Harmsworth. Church Times (The) 16 No-

vember, 1900. Citrophen Supplement

(The) 2 copies. Courrier de Bruxelles, 22

November, 1900. Courrier della Serra, Colliery Gurdian (The) 22

November, 1900.

Courrier de la Sambre. Cotton (The).

English and French Mails, 23rd December, 1900.

Deli Courant. 12 Decem-

ber, 1900. Deutsche Koloniatzertung,

22 November. 1900. Deustche Nachrichten, 15

November. 1900. Die Woche. (several copies.)

Engineering Directory. Essex County Standard

(The).

Evening Express, (several

copies.) Exporteur. Export Price List.

Feuille d'Avis de Laus-

aune, (several copies.)

Gebiete Surveseas (Des). German Papers. Glasgow & Co., Alexander

Young. (2 copies) Glasgow Weekly Mail, 17

November. 1900. Graphic (The).

Hibernian (The) 2 copies.

Idler, September, 1900.

Deccan Post (The) 17 Au- Illustrated London News,

gust, 1900.

3 November, 1900.

Illustrated Sporting & Dra-

matic News (The). International Kennel Re- view (The) Nov., 1900.

Journal de Liège. (several

copies.)

Kleine Courant, (2 copies.) Kodak, August, 1900.

La Bourse Pour Tous, 17

November, 1900. La Croix, (several copies.) La Croix de la Lozère, 4

November, 1:00,

La Moda Illustrata. La Stamp. 15 Nov., 1900. Laundry Journal (The). La Vera Roma, 28 Novem-

ber. 1900.

Le Courrier de Londres et

de Paris. La Vie Illustrée. 9 Novem-

ber, 1909. Leco-di Bergamo. 21 No-

vember, 1900. Lennox Herald (The) 13

October. 1900. Le National Illustré, L'Estafette, 15 Nov., 1900.

L'Etoile Belge, (several co-

pies)

Letour du Monte. Lloyds Weekly, 18 Novem-

ber. 1900. Lloyd's Weekly Newspaper,

(several copies.) L'Osservatore Romano, 19

November, 1900.

Manufacture Française

d'Armes de St. Etienne, (several copies.) M. A. P.. 17 Nov.. 1900. Methodist Monthly Adver-

tiser. (2 copies.). Missions Blad, (several co-

arodine Noving. 20 No. vember. 1900.

urasthenia & Neuralgia. Notes by the War, (several

copies.)

Penny Illustrated Paper. People (The) 23 Septem-

ber. 1900.

People's Friend, (several

copies.) People's Journal.

People's Sunday (The) 18

November, 1900. Petite Bibliotheque Chre-

tienne, December, 1900. Persian Papers. Preis Liste. (several copies.) Pelican (The) 17 Novem-

ber, 1900.

Pulman's Weekly News.

Regions Beyond, (2 copies.) Religious Tract Society.

Scottish Provident Institu-

tion (The). See Maschinisten Zeitung,

(several copie-.) Sketch (The). Statistica de Exportazione. Stocks Samples. Strange Voyage (A). Suffolk Chronicle & Mer- cury, 14 November, 1900.

Ultramar (0). Uppfyllens Med-Anden.

Vasáruapi Ujeaos.

Weekly Scotsman, 24 No-

vember, 1900. Welcome, (2 copies.)

Advertisements.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

Alexander Young & Co., (2

copies.)

Arbroath Guide (The) 17

November, 1900. Armour's Star Brand. Australasian Travellers Ga-

zette.

Bahadur.

Bangkok Times (The) (sev-

eral copies.)

Baptist (The) 22 Novem-

ber, 1900.

Bath Oliver Biscuits.

French, German and

Contract Record, 14 Novem-

ber, 1900. Corriere Della Sera, (sev-

eral copies.)

Der Riechebote, (several

copies.)

Dunoon Observer & Argyll

shire Standard, 24 Nov- ember, 1900.

Edison Records.

Engineer (The) 23 Novem-

ber, 1900. Evangelist (The) 15 Nov-

ember, 1900.

Black & White, (2 copies.) Evening Chronicle (The) 5

Blue Jacket.

Bollettino di Notizie Com-

merciali, (2 copies.) British Medical Journal, 1

December, 1900. Bücher, (several copies.) Buffalo Illustrated Express.

17 November, 1900.

Carit Etlar. Catalogues of Civil Service Supply Association, (3 copies.)

Catalogue of Modern Books. Chatham & Rochester News,

24 November 1900. Chemist & Druggist (The)

(2 copies.) Chinese Newspaper, (2 co-

pies.)

October. 1900. Evening Citizen (The). Export Preisliste. Eyre & Spotteswoode's,

Family Herald, (several co-

pies.)

Flesh is Weak (The) Freie Presse, (several co-

pies.)

French Weekly, 17 Novem-

ber, 1900.

Gazetta Degli Ospedali, 8

November, 1900. Gazette de Liège, (soveral

copies.) German Papers. Glasgow Weekly Herald,

(several copies.)

American Mails, 31st December, 1900.

Glasgow Weekly Mail, 24

Notember. 1900. Golden Penny (The) 24

November, 1900. Grantham Journal (The) 17

November, 1900. Graphic (The). Greenock Telegraph &Clyde Shipping Gazette, 19 Nov- ember, 1900.

Heil Petrus Claver, 1 Nov

ember, 1900. Hull News, 17 Nov., 1900.

Huntly Express (The) 23

November, 1900.

La Mˇuse.

La Tierra de Mexico, Nov-

omber, 1900. La Tribuna, (several copies.) L'Eco di Bergamo, 22 Nov-

ember, 1900.

Le Petit Marseillais, (2 co-

pies.)

L'Estafette, 22 Nov., 1900. Library of Famous Litera-

ture. (The). Liverpool Echo (The) 28 Life of Faith. 21 Nov. 1900.

November, 1900.

Liverpool Weekly Mercury,

(2 copies.) Liverpool Weekly Post, 24

November, 1900.

(several copies.) L'Osservatore

Triestino.

Il Giornale del Soldato, 18 Lloyd's Weekly Newspaper.

November, 1900. Illustrated London News.

(Christmas number.) Illustrated Price List. Irish Catholic (The) 24

November, 1900.

Japan Daily Mail (The) 17

& 18 December, 1900. Journal de Liège, 28 Nov-

ember, 1900. Journal de St. Petersbourg,

25 November, 1900. Journal Officiel, 29 Novem-

Kleine Africa Beblirithek,

15 November, 1900.

(several copies.)

Market Report.

Our Almanac, 1901.

People (The) (several co-

pics.)

Persian 'Papers (several co-

pies.) Petroleum.

Publications & Remanders. Presbyterian Church Dur- ing the Nineteenth Century.

Royal Engineers' Journal.

1 December, 1900.

Scripture Union (The)

Semaine Religieuse, 2 Dec-

ember, 1900. Sketchy Bits.

Spectator (The) 10 Novem-

ber, 1900.

Strand Magazine (The) (6

copies.)

Strange Marriage Customs,

(several copies.)

Mechanical World, 30 Nov- Sydney Morning Herald

ember, 1900. Motto Per Ridere.

New & Forthcoming Works. Newcastle Weekly Chro-

nicle, 17 November, 1900. New York Herald, (several

copies.) Northampton Herald, 1

December, 1900. Nursery Calender (The)

1901.

(The) 6 December, 1900. Syren & Shipping Illus-

trated, 21 Nov., 1900.

Tit Bits, 1 December, 1900,

Weekly Scotsman. Weekly Times (The) 10

November, 1900. Western Daily Mercury, 12

November, 1900. World (The) 17 Nov., 1900.

Aankondiger Van Boon, 2

December, 1900.

Bath Chronicle (The) (2

copies.)

Bedfortshire Times & Inde- pendent, 30 Nov., 1900. Beeren-Weine. Blane Kreus.

Boletin Official.

British Medical Journal, S

December, 1900. British Trade rnal.

Calloway Gazette (The) 1

December, 1900.

Catholic Magazine (A) Dec-

ember, 1900. Chocolat Maestram. Christmas Catalogue. Consolaire Verslagew-en

Berichten, 6 Dec., 1900. Corriere Della Sera, (sever-

al copies.) Courrier de Bruxelles, 6

December, 1900.

Dagens Losen, (2 copies.) Daily Mail, 3 Dec., 1900. Daily Report, 20 Dec., 1900, Dunfrewshire Press (The)

(several copies.)

Ecole Apostolique de Turn-

hout.

English

Electrical Review, 7 Dec-

ember, 1900. English Foreign News- papers, (several copies.) Export Catalogue.

Folha (A) (several copics.) Futuro (0) (2 copies.) German Papers. Glasgow Week Mail, (2

copies.)

Greenock Telegraph,

December, 1900. Guerin Meschino.

Mail, 4th January, 1901. La Cronique, (several co-

pies.)

La Dépéche.

La Gazette, (several copies.) Lancet (The) 8 Dec., 1900, La Revue Generale, (2

(2 copies.)

Copies.)

La Tribuna de Geneve. 30

November, 1900

La Tribuna Illustrata della Domenica, 2 December. 1900. L'Avenir Du Puey-de-

Donée, 7 Dec., 1900.

Home Companion. (several La Vigie de Dieppe, 4 Dec-

copies.)

Illustrated Catalogue, (No.

7.)

Illustrated Catalogue of

Machine Tools. Illustrated Mail, 8 Decem-

ber, 1900.

Il Gazettino (several co-

pies.)

Javol.

Journal Officiel. Journal de St. Petersbourg,

(several copies.)

La Croix, 9 Dec, 1900.

ember, 1900. Le Moniteur des Employés. Le Journal de la Chambre

de Commerce. Le Patriote, (several copies) Le Petit Bleu, 5 Decemi-

ber. 1900.

Le Soir, (several copies.) Le Messager de Jesus. (2

copies.)

L'étoile Belge. (several co-

pies.)

Le Tour du Monde, 8 Dec-

ember, 1900.

Les Grandes Usines. List of some of the Candi-

dates.

Lloyd's Weekly Newspaper.

(several copies.)

London & China Express (The) 7 December, 1900. L'Osservatore Romano,

(several copies.) L'Illustration Europienne.

Man of Mark (A).

M. A. P., 24 Nov., 1900. Missions Belges, December,

1900. Military Musical Instru- ment Makers, (several copies.) Mittheihengen, 30 Novem-

ber, 1900.

Mondo moristico, 25 Nov-

ember, 1900. Moniteur Officiel du Com-

merce, 29 Nov., 1900. Morning Post (The) (sev-

eral copies.) Motto Ridere. Morning Post, 7 Dec., 1900.

Naval & Military Record.

29 Nov., 1900. Navy & Army. Neurolegie Journal, 15 Nov-

ember, 1900. News of the World (The)

2 December, 1900. Notices to Mariners, (sev-

eral copies.)

Our Angel Sister.

Overland Mail (The) 7

December, 1900.

Pearson's Weckly, 15 Dec-

ember, 1900.

People (The) 2 Dec.. 1900. People's Friend.

Persian Papers. Photo Revue. Punch.

Raukine's Patent

Water Filters.

Scottish

Feed

Referene (The) 26 November, 1900. Sketch (The) Strange Marriage Customs,

(several copies.) Switches.

Telegraaf (De) 5 Dec., 1900. Tit Bits. 8 December. 1900.

Tread of Life (The) Today, 22 November, 1900.

Truth, December, 1900. Tujarati (The) 16 Decem-

ber, 1900.

Ultramar (0) 7 Dec., 1900.

Weekly Free Press (The)

1 December, 1900. Western Weekly News, I

December, 1900.

La Rassegna Nazionale.

Books without Address.

Nomenclature of Diseases (The) 6 books.

General Post Office, Hongkong, 12th January, 1901.

Man that corrupted Hadleyburg, E.C.--By Mark Twain. University of Durbam College of Medicine.

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

憲示第一

輔政使司駱

曉論事現奉

計開

i + +

號

督憲札開將港内各銀行呈報西歷一千九百年十二月份批計簽發通用銀紙拜與存留現銀數開示於下等因奉此合出示標諭爲此特示

印度新金山中國匯理銀行簽發通用銀紙二百九十二萬七千零八十八圓

實存現銀一百六十萬圓

香港上海匯理銀行簽發通用銀紙七百萬零零三千四百五十圓實存現銀五百萬圓

中華匯理銀行簽發通用銀紙四十五萬

實存現銀一十五萬圓

共簽發通用銀紙一千零三十八萬零五百三十八衡

合共實存現銀六百七十五萬圓

一千九百零一年

月

十二示

憲示第二

督憲札驗將船政廳之示開列於下俾衆週知等因此合行出示玩諭爲此特示

一千九百零一年

正月

初十日示

輔政使司恪

『爺事現奉

1 +

淲

爲

署船政廳戴

諭爾船戶人等知悉照得西歴本月十四日起約越六個禮拜卽至再行出:之日止在昂船洲之南北兩邊海底俱置沉塞阻碍之物事於本月十四日起至十八日止均皆在昂船洲之南其置碍物之處南界直至有二錨泡之處自東泡至西泡之線路並竪有紅旗爲南界之盡頭卽離火輪船水道之北約六百碼遠近是也。自此二錨泡向正北起至显船洲止之二線路卽爲阻塞處之東界西界矣於本,十九日此阻碍之處有一截起去其南界於是卽在約離昂船洲島七百碼矣但仍照前時均有二錨及紅旗竪起爲號其最東之錨泡乃離船洲之東南角正南七百碼及其西錨泡卽離最東之錨泡正西約七百碼此二錨泡正北之線路則作爲阻塞處之東界西界也此界内常有阻碍之物浮泛於其間在昂船洲島之北其阻塞之處西界之線路乃由此島之極北角起至荔枝角水步頭止東界線路乃由北海坦皇家馬頭附近火藥局之處起卽向住東北之北角直到陸地止此阻塞界内之中間有水道條通過約闊二百五十碼在此水道之北有錨泡三個爲號並竪紅旗在此水道之南亦有錨泡三個爲號竪白旗在此水道之中並無置阻碍之物但船渡等不得在此下錨灣泊其水道之南所置阻碍之物俱係浮泛其水道之北所置阻碍之物俱係沉底但駛須知此沉底之碍物乃照海圖內錄之水減少十一尺深各船艘不准在阻塞界内各處下錨亦不准在浮泛碍物之界内蠍過昂船洲之南所置各錨泡夜間必設有紅燈火爲號英一千九百零一年

初五出示

THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

憲示

曉爺事沿奉

駱第

二十五

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THE HONGKONG GOVERNMENT GAZETTE, 12TH JANUARY, 1901.

IN THE SUPREME COURT OF HONGKONG.

　HE next Criminal Sessions of the Supreme THE Criminal on Friday, the 18th

day of January, 1901, at 10 o'clock in the forenoon.

By Order of the Court,

J. W. NORTON-KYSHE, Registrar.

Registry, Supreme Court,

Hongkong, 10th January, 1901.

NOTICE.

UR Senior, Mr. H. CAESAR ERDMANN, retired from our Firm on the 31st December, 1900, but will remain a dormant Partner until further notice.

Mr. MARTIN EDUARD FERDINAND MARCH, Mr. ADOLF CARL SCHOMBURG,

Mr. WILHELM WIEDERHOLD,

Mr. EDUARD MORITZ HANS SCHUBART,

have to-day been admitted Partners.

CARLOWITZ & Co.

Hongkong, Hamburg, & China, 1st January, 1901.

NOTICE.

THE authority hitherto held by Mr. HANS

per procuration the name of our Firm at Hongkong, Shanghai, and Hankow expires on this date.

MEYER & Co.

Hongkong, 31st December, 1900.

THE WEST POINT BUILDING COMPANY, LIMITED.

NOrdinary Meeting of Shareholders in

OTICE is hereby given that the Twelfth

this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 24th January, 1901, at 11.30 o'clock a m., for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1900.

By Order of the Board of Directors,

A. SHELTON HOOPER, Secretary to the Hongkong Land Investment and Agency Company, Limited,

General Agents for The West Point Building Company, Limited.

Hongkong, 4th January, 1901.

THE HONGKONG LAND INVESTMENT AND AGENCY COMPANY, LIMITED.

NoTents Ordinary Meeting of Share-

OTICE is hereby given that the Thir

holders in this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 24th January, 1901, at 12 o'clock noon, for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1900.

By Order of the Board of Directors,

A. SHELTON HOOPER,

Secretary.

Hongkong, 4th January, 1901.

THE TRADE MARKS ORDINANCE, 1898.

Application for Registration of Trade Marks.

NOTICE is hereby given that THE AME-

RICAN TOBACCO COMPANY, carrying on business at Victoria, in the Colony of Hong- kong, and elsewhere, as Tobacco Merchants, have, on the 22nd day of September, 1900, applied for the registration in Hongkong in the Register of Trade Marks of the following Trade Marks :-

1. The distinctive device of a Railway Engine issuing out of a tunnel and drawing a train of cars. Above this device is printed, stamped, painted, impressed, branded, stencilled, writ- ten, drawn, cut or embossed the word "Railway", and underneath the said device appears the name of the said The American Tobacco Company."

2. The distinctive device of a man in a knickerbocker suit riding a diamond framed safety bicycle and smoking a cigarette. Above the said device is printed, stamped, painted, impressed, branded, stencilled, written, drawn, cut, or embossed the words "Cycle Cigarettes", and underneath the said device appears the name of the said "The American Tobacco Company." This device is depicted on the front of the label covering the package in which the Cigarettes are packed. In combination with the device above described and depicted on the back of the label covering the package in which the said Cigarettes are packed appears the distinctive device of a woman dressed in a Rational costume riding a diamond framed safety bicy- cle, and underneath all the above appears the name of the said "The American Tobacco Company."

3. The distinctive device of an Eagle with outstretched wings standing with out- stretched talons on the top of the facsimile of a section of a globe repre- senting the world. This device is depicted on the left-hand side of the label covering the package in which the special tobacco is packed. In combination with this device and on the right-hand side of the said label is depicted the device of a head and shoulders of a Red Indian with a head decoration of feathers and in full war dress. Round the head appears a scroll, two stars being depicted at the top of the scroll one on each side, and at the bottom of the scroll and immediately in the centre is depicted another star.

4. On the front of the label covering the package in which the special tobacco, viz.. "

Bright Golden Birdseye" is packed is depicted the distinctive device of a Railway Engine drawing a train of cars passing a signal post. Above this device is printed, stamped, painted, impressed, branded, stencil- led, written, drawn, cut, or embossed the word "Railroad," and underneath the said device appears the name of the said The American Tobacco Company." In combination with the device above described is depicted, on the left-hand side of the label covering the package in which the said special tobacco, viz, "Bright Golden Birdseye" is packed, the dis- tinctive of an Eagle with outstretch- ed wings standing with outstretched talons on the top of the facsimile of a section of a globe representing the world. In combination with the above described devices and on the right-hand side of the label covering the package in which as aforesaid the special tobacco is packed is depicted the device of a head and shoulders of a Red Indian with a head decoration of feathers and in full war dress. Above this device is printed, stamped, painted, impressed, branded, stencilled, written, drawn, cut, or embossed the word" Railroad.'

5. The distinctive device of a Turkish Fez. Above the said device appear the words "Sweet Caporal printed, stamped, painted, impressed, branded, stencilled, written, drawn, cut, or embossed on a back ground which depicts the rays of the sun; under- neath the said device appears the name" Kinney Bros." and underneath all the above appear the name of the said "The American Tobacco Com- pany" Successor;

in the name of THE AMERICAN TOBACCO COMPANY, who claim to be the proprietors thereof.

The said Trade Marks have been used by the applicants for many years in respect of the following goods :-

Unmanufactured and manufactured tobacco of all kinds, cigarettes, smoking tobacco, snuffs, cheroots and cigars in Class 45.

Facsimiles of the said Trade Marks can be seen at the Office of the Colonial Secretary of Hongkong, and also at the Office of the under- signed.

Dated the 6th day of October, 1900.

JOHNSON, STOKES & MASTER, Solicitors for the Applicants, 12, Queen's Road Central,

Hongkong.

NOW READY.

A NEW AND REVISED EDITION

"THE LAWS OF STORMS IN THE EASTERN SEAS "

INVESTIGATED BY

W. DOBERCK, Director of the Hongkong Observatory.

(In pamphlet form, 39 pp. Royal 8vo.)

PRICE: 50 CENTS EACH COPY.

Loose Copies of

"METEOROLOGICAL SIGNALS," 10 Cents each.

NORONHA & Co., Printers and Publishers,

Hongkong, June, 1898.

NORONHA & Co.

PRINTERS, PUBLISHERS & STATIONERS, and Printers to the Government of Hongkong, Nos. 47 & 49, DES VŒUX ROAD, HONGKONG.

ESTABLISHED 1844,

Letter-Press Printing, Copper-Plate Printing, Play-bills, Hand-bills, Programmes, Posters, &e., &c.,

neatly printed in coloured ink.

THE

HONGKONG GOVERNMENT GAZETTE.

SUBSCRIPTION:

Per annum, (payable in advance),......$15.00 Half year. Three months,

(do.), (do.),

9.00 5.09

for 1st insertion,

Terms of Advertising: For lines and under,......$1.00 Each additional line................. .$0.20 In Chinese--for 25 cha-

racters and under, $1.00 Each additional character, de. Repetitions,.......Half price.

Unless otherwise ordered, all advertisements will be repeated until countermanded.

Advertisements intended for insertion should be sent in not later than 10 A.M, on Saturday.

Printed and Published by NORONHA & C ".. Printers to the Hongkonj Government,

SOIT

QUI MALO

PENS

DIE

MON

DROFT.

THE HONGKONG

Government Gazette

EXTRAORDINARY.

特

# # Py

轅港香門

Published by Authority.

No. 3.

三第

VICTORIA, THURSDAY, 17TH JANUARY, 1901.

日七十二月一十年子庚日七十月正年一零白九千一簿七十四第

VOL. XLVII.

GOVERNMENT NOTIFICATION.- No. 26.

The following is published.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 17th January, 1901.

GOVERNMENT NOTIFICATION.

　　Under the provisions of Section 2 of Ordinance No. 10 of 1869, the following regulations, having been approved by His Excellency the Governor, will be observed on the 19th instant, being the day of the Royal Hongkong Yacht Club Regatta :-

1. A Red Burgee will be hoisted at a staff on the Judge's Stand 5 minutes before the

starting of a Race, and will be kept flying until that race is finished.

2. During the time that this Red Burgee is flying, all boats, junks, etc., are to keep outside the Western boundary of the Course, in order not to interfere with the competing crews.

3. The Western Boundary of the Course will be drawn from the Judge's. Stand off the Kowloon Godowns to the Gunboats' Mooring-buoys off the Royal Naval Establishment at Kowloon, and continued on to Tai-kok-tsui Point.

4. Launches following the Races must keep astern of the sternmost of the competing boats.

(N.B.--This regulation does not apply to the launch of the Umpire or other Official of the

Club.)

Harbour Departinent, Hongkong, 17th January, 1901.

BASIL TAYLOR, Acting Harbour Master, &c.

THE HONGKONG GOVE GAZETTE EXTRAORDINARY, 17TH JAN., 1901.

憲示第二十六號

輔政使司駱

曉諭事現奉

餘爲此特示督憲札醶將船政廳之示開列於下俾衆週知等因奉此合行出示曉

一千九百零一年

正月

香港署船政司戴

曉諭事照得西歴本月十九日爲賽舢板之期詐

十七日示

爲

示於下等因奉此合出示曉諭爲此特示

督憲札諭按照一千八百六十九年第十條則例第二款所定章程開

計開章程

關之人二升起紅旗際各船渡船切勿駛,其鬬演路徑之西界免得賽

俟賽完時乃可放下於每次未賽舢板之前五個棉厘在証人座位之處竪立紅旗一面

三該西界係由龍貨倉對開証人座位起直通到

國家九龍船澳對面炮船之浮泡又由浮泡直至大角嘴止

四除驗鬭人或會內人員之小輪船外一概等小輪船隨行者須跟至

慢之舳板尾後而駛

一千九百零一年

正

月

十六日示

爲

Printed and Published by NoroONHA & Co., Printers to the Hongkong Government, Nos. 47 and 49, Des Voeux Road.

DIE

MON

DROIT.

THE HONGKONG

Government Gazette.

報

# 19

門轅港香

Published by Authority.

VICTORIA, SATURDAY, 19TH JANUARY, 1901.

No. 4.

VOL. XLVII.

號四第

日九十二月一十年子庚

日九十月正年一百九千一簿七十四第

GOVERNMENT NOTIFICATION.-No. 27.

Notice is hereby given that Messrs. LAMBERT & BUTLER, LIMITED, of 141, Drury Lane, London, England, have complied with the requirements of Ordinance 18 of 1898, for the registration in this

Colony of their Mark No. 109 as applied to Tobacco, Cigars, Cheroots, Cigarettes, and Snuff; and that the same has been duly registered.

By Command,

Colonial Secretary's Office, Hongkong, 15th January, 1901.

J. H. STEWART LOCKHART,

Colonial Seeretury.

GOVERNMENT NOTIFICATION.-No. 28.

　　His Excellency the Governor has been pleased to appoint EnWIN RICHARD HALLIFAX to be an Assistant Superintendent of Police, with effect from the 29th December, 1900.

By Command,

Colonial Secretary's Office, Hongkong, 16th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION. -No. 29.

There is a vacancy in the Sanitary Department for an Interpreter to an Inspector of Nuisances.

Duties,..........

Qualifications,

Salary,.........

Interpretation.

...Ability to interpret readily English into Chinese and Chinese into English. $264 per annum, rising by annual increments of $12 to $408 per annum.

Candidates must send in their applications to the Colonial Secretary, stating age, and forwarding copies of testimonials as to character and health, not later than Noon of Friday, the 25th January,

1901.

By Command,

Colonial Secretary's Office, Hongkong, 16th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.--No. 30.

The following Return of Stamp Revenue for the Years 1899 and 1900, is published.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

COMPARATIVE STATEMENT of the Revenae under the Stamp Ordinance, 1886, the Stamp Amendment Ordinances, 1894 and 1835, the Chinese Emigration Consolidation Ordinance, 1889, the Medical Registration Ordinances, 6 of 1884 and 4 of 1893, and for Telegraph Forms, Land Office Fees and Fees of the Supreme Court, for the Years 1899 and 1900, respectively.

Schedule

Number.

DESCRIPTION.

Revenue

Revenue in 1900.

Increase. Decrease.

1899.

1.020 10 10 7 00 ✪ c

Copy Charter,

Adjudication Fee,

Agreement, Arbitration Award,

Articles of Clerkship,

Attested Copy,

Bank Cheques,

Bank Note Duty,

Bill of Exchange and Promissory Note,.

Bill of Lading,

Bottomry or Respondentia Bond, Average Statement,

Broker's Note,

Charter Party,

Conveyance or Assignment,

41.00 4,684.00 6.00

106.00 5,115.50

...

218.00 3,677.56 3,741.18 102,299 94 111,522.44 36,159.3% 36,861.06 24,441 60 | 24,556.60

134 10 1,292.50

65.00 431.50

6.00

...

316.00

98.00

63.62

9,222.50

700.73

115.00

6,458.50

307.50 6 2,00 7,538.50

173.40

690.50

1,080 00

811.50

815.00

3,50

69,337.80 116,552.05

47,214.25

Copartnership Deed,

210.00

211.50

Declaration of Trust,

90.00

110.00

1.50 20.00

...

Deed of Gift,

541.50

1,070.00

528 50

Duplicate Deeds,

643.20

883.30

240.10

Emigration Fees,

147.00

286.00

139.00

Foreign Attachment Bond,

109.00

60.00

49.00

Miscellaneous Instruments,

490.00

669.50

179.50

Lease with Fine or Premium,

34.00

Lease on Agreement,

Lease without Fine or Premium,

2,463.72

Letter of Hypothecation,

483.00

4,043 40 574.00

Mortgage,

7,424.30

11,785.70

1,579.68 91.00 4,361.40

...

Do. (ii) Additional Security,

482.60

160.05,

Do. (iii) Transfer,

184.75

95.00

321.55 89.75

Do.

(iv) Re-assignment,

501.33

817.61

316.28

Do.

(v) on Agreement,

1.00

Notarial Act,

260.00

339.00

79.00

Note of Protest,.

50.75

67.75

17.00

Policy of Insurance,

23,152.55

22,764.55

388.00

Power of Attorney,

1,225.50

1,276.00

Probate, or Letters of Administration,.....

33,57:03

77,818.31

Receipt Stamps, Impressed,

590.76

644.74

50.50 44,246.28 54.04

...

Servant's Security Bond,

674 00

519.20

Settlement,

3,449.70

2,817.90

154.80 631.80

Settlement on Agreement,

Trausfer of Shares,

16,532.40 17,828.80

1,296.40

ADHESIVE STAMPS,

AFFIDAVITS, STATUTORY DECLARATION,

PROXIES,

TELEGRAPH FORMS,

MEDICAL REGISTRATION,

Do. DECLARATION,

COURT FEES,

BILL OF HEALTH,

42,741.52

48.842.76

6,101.24

394.00

304.00

90.00

10.42

10.86

0.44

21:25

17.00

4.25

50.00

75.00

25.00

5.00

0.25

0.50

0.25

2,640.00 2,760.00 129.00

TOTAL,..

DEDUCT DECREASE,

$388,698.30 504,935.26 118,662.61

2,425.65

TOTAL INCREASE FOR THE YEAR, 1900,

STAMP OFFICE, HONGKONG, 10th January, 1901.

[116,236.96

A. M. THOMSON, Collector of Stamp Revenue.

THE HONGKONG GOVERNMENT GAZETTE, 191н JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 31.

.53:

　　The following Particulars and Conditions of Sale of Crown Land by Public Auction, to be held at the Offices of the Public Works Department, on Monday, the 28th day of January, 1901, at 3 p.m., are published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

Particulars and Conditions of the letting by Public Auction Sale, to be held on Monday, the 28th day of January, 1901, at 3 p.m.. at the Offices of the Public Works Department, by Order of His Excellency the Governor, of One Lot of Crown Land at Quarry Bay, in the Colony of Hongkong, for a term of 75 years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of Her Majesty the QUEEN, for one further term of 75 years.

No.

Sale.

Registry No.

Quarry Bay Inland Lot No. 7.

Quarry Bay,

PARTICULARS OF THE LOT.

Boundary Measurements.

LOCALITY.

Contents in

Annual

w. Square ft.

Rent.

Upset Price.

feet. feet.

261

feet. feet. 1220′ 163'

133' 437'

283'

450'

160'

386,650

74'

370 420′ 78' 78'

1,776

23,199

CONDITIONS OF SALE.

　　1. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lot shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

　　3. Immediately after the fall of the hammer, the Purchaser shall sign the Memoranduin of Agree-, ment, hereinafter contained, for completing the purchase according to these Conditions, and shall, within Three Days of the day of sale, pay into the Colonial Treasury the full amount of Premium at which the Lot shall have been purchased.

　　4. The Purchaser of the Lot shall also pay to the Land Officer, on behalf of Her Majesty the QUEEN, the sum of $37 within three days of the day of sale. for and in consideration of the Boundary Stones. properly cut, fixed, and marked with the Registry Number, which shall be placed by the Director of Public Works, for the Purchaser, at each angle of the Lot.

•

5. The Purchaser of the Lot shall pay to the Land Oficer, on behalf of Her Majesty the QUEEN,

a Fee of $15 upon the execution of the Crown Lease thereof.

　　6. The Purchaser of the Lot shall build and finish, fit for occupation, before the expiration of forty-eight calendar months from the day of sale, in a good, substantial and workmanlike manner, one or more good and permanent messuage or tenement upon some part of his Lot, with walls of stone or brick and lime-mortar and roof of tiles or such other materials as may be approved by the Director of Public Works, and in other respects in accordance with the provisions of all Ordinances, Bye-laws and Regulations relating to buildings or sanitation as shall or may at any time be in force in the Colony, and shall expend thereon a sum of not less than $50,000 in rateable improvements.

　　8. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser of the Lot shall be entitled to, and shall execute, on deinand, a Lease from the Crown of the Piece of Ground comprised in such Lot for 75 Years, to be computed from the day of sale, at such Annual Rental, payable half-yearly on the 24th day of June and the 25th day of December in every year, as is specified in the Particulars of such Lot herein before contained ; and such Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions inserted in the Crown Leases of Inland Lots in the Colony of Hongkong.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Expenses shall be made good

the defaulter and be recoverable as liquidated damages, or at the option and pleasure of Her Majesty to re-enter and resume the property as if no sale had ever taken place, in which case also the premium paid by the Purchaser shall be thereupon wholly forfeited to Her Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent re-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable as aforesaid.

10. Possession of the Lot sold shall be given to the Purchaser. and deemed to have been taken by him, on the day of sale.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandum that

the person whose name is hereunder written has been declared the highest bidder for the Lot described in the foregoing Particulars of Sale and hereunder specified opposite to his said name and signature, and does hereby agree to become the Lessee thereof under and subject to the fore- going Conditions of Sale, and on his part to perform and abide by the said Conditions.

Number of Sale.

Registry Number.

Amount of Annual Rental. Premium at which

Purchased.

Quarry Bay In. Lot No. 7.

$1,776

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION.--No. 32.

　　　The following Particulars and Conditions of Sale of Crown Land by Public Auction, to be held at the Offices of the Public Works Department, on Monday, the 4th day of February, 1901, at 3 p.m., are published for general information.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 19th January, 1901.

Particulars and Conditions of the letting by Public Auction Sale, to be held on Monday, the 4th day of February, 1901, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor, of One Lot of Crown Land, in the Colony of Hongkong, for a term of 75 Years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of Her Majesty the QUEEN, for one further term of 75 years.

No.

Registry No.

Sale.

Inland Lot No. 1,626

1,627

Peak Road,

PARTICULARS OF THE LOT.

Boundary Measurements.

LOCALITY.

Conteuts in

Annual

.א

Square ft.

Upset Rent. Price.

feet.

40' 40/ 27 94'6

feet. feet. feet.

50' 50 1187 145

2,000

9,943

2,985

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Expenses shall be made good

10. Possession of the Lot sold shall be given to the Purchaser. and deemed to have been taken by him, on the day of sale.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandum that

Number of Sale.

Registry Number.

Amount of Annual Rental. Premium at which

Purchased.

Quarry Bay In. Lot No. 7.

$1,776

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION.--No. 32.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 19th January, 1901.

No.

Registry No.

Sale.

Inland Lot No. 1,626

1,627

Peak Road,

PARTICULARS OF THE LOT.

Boundary Measurements.

LOCALITY.

Conteuts in

Annual

.א

Square ft.

Upset Rent. Price.

feet.

40' 40/ 27 94'6

feet. feet. feet.

50' 50 1187 145

2,000

9,943

2,985

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

CONDITIONS OF SALE.

i. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lot shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

3. Immediately after the fall of the hammer, the Purchaser shall sigu the Memorandum of Agreement, hereinafter contained, for completing the purchase according to these Conditions, and shall, within Three Days of the day of sale, pay into the Colonial Treasury the full amount of Premium at which the Lot shall have been purchased.

　　5. The Purchaser of the Lot shall pay to the Land Officer, on behalf of Her Majesty the QUEEN, a Fee of $15 upon the execution of the Crown Lease thereof.

6. The Purchaser of the Lot shall pay into the Treasury a proportionate part of the annual rental specified in the particulars herein before contained on the 24th day of June next, and thereafter shall pay such annual rental by equal half-yearly payments on the 25th day of December and the 24th day of June in each and every year during the term of 75 years hereinbefore mentioned.

7. When the conditions herein contained have been complied with to the satisfaction of the Director of Public Works, the Purchaser of the Lot shall be entitled to, and shall execute, on demand, a Lease from the Crown of the Piece of Ground comprised in such Lot for 75 Years, to be computed from the day of sale, at such Annual Rental, payable half-yearly on the 24th day of June and the 25th day of December in every year, as is specified in the Particulars of such Lot herein before contained; and such Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions inserted in the Crown Leases of Inland Lots in the Colony of Hongkong.

8. Should the Purchaser neglect, or fail to comply with these Conditions, his Premium, or any portion thereof which may be paid, shall be thereupon forfeited to Her Majesty, who shall be at full liberty either to enforce the Sale, or to re-sell the Property at such time and place, and in such manner as to Her Majesty shall seem fit, and in case of a re-sale the increase, if any, of the Premium or Purchase Money shall be retained by Her Majesty, and the deficiency, if any, and all Costs and Expenses shall be made good by the defaulter and be recoverable as liquidated damages, or at the option and pleasure of Her Majesty to re-enter and resume the property as if no sale had ever taken place, in which case also the premium paid by the Purchaser shall be thereupon wholly forfeited to: Her Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent re-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable as aforesaid.

9. Possession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandum that

No. of Sale.

Registry Number.

Annual Rental.

Amount of Pre- mium at which Purchased.

Inland Lot No. 1,626

1,627

$69

Witness to Signature of Purchaser.

Signature of Purchaser.

Witness to Signature of Director of Public Works.

Director of Public Works.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901. GOVERNMENT NOTIFICATION.-No. 33.

The following Minutes are publishe.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 19th January, 1901.

No. 1.

　　Minutes of the proceedings of the SANITARY BOARD, at a regular meeting held on Thursday, the 3rd day of January, 1901.

PRESENT:

The Director of Public Works, (The Honourable ROBERT DALY ORMSBY), President.

The Captain Superintendent of Police, (The Honourable FRANCIS HENRY MAY, C.M.G.), Vice-President.

The Medical Officer of Health, (Dr. FRANCIS WILLIAM CLARK).

The Acting Principal Civil Medical Officer, (Dr. JOHN Bell).

EDWARD ÖSBORNE, Esquire.

FUNG WA CHUN, Esquire.

CH'AN A-FOOK, Esquire. Dr. WILLIAM HARTIGAN.

JAMES MCKIE, Esquire.

Major HARRY HERBERT BROWN, R.A.M.C.

ABSENT:

The Registrar General, (The Honourable JAMES HALDANE STEWART LOCKHART, C.M.G.).

Minutes.-The minutes of regular meeting No. 27 held on the 20th day of December, 1900, were confirmed. Malarial Research.-A letter from the Honourable Colonial Secretary informing the Board that all reports received from time to time on the subject of Malarial Research will be forwarded for its consideration, was laid on the table.

　　　Malaria, Kennedy Town.-In connection with the above it was agreed on the suggestion of Dr. WM. HARTIGAN that the attention of the Government be drawn to the fact that a reply to Sanitary Board Letter No. 178 dated November 25th, embodying a resolution requesting to be informed exactly what the Government proposes to do at Kennedy Town with a view to the abolition of the anopheles pools in the immediate neighbourhood of the Inspector's quarters, had not been received.

Suggested Verbal Amendments to existing Bye-laws.-A letter from the Medical Officer of Health was submitted informing the Board that the 15 Public Health Ordinances have been consolidated, the various Bye-laws made under these Ordinances collected and classified, and suggesting the following verbal amendments to existing Bye-laws:-

Drainage Bye-laws." The words 'reconstruct, alter, or amend' should be added after the word construct' in the first line of Bye-law 1.

"In Bye-laws 2 and 3 the word 'new' should have been deleted by the amending Bye-law recently approved, but as this was not done it should be done now.

"In Bye-law 12 it is provided that no main house drain shall be less than six inches in clear internal diameter.' As it is not uncommon for four-inch pipes to be used for this purpose, the word 'six' should be altered to four.'

"In Bye-laws 5 and 34 the substitution of the words 'water and air-tight' should be made for 'water or air-tight.'

Bye-law 45 should be altered so as to correspond exactly with Bye-law 3 as to approval of plans by the Sanitary Surveyor.

Notification of Infectious Disease Bye-law.-"In Bye-laws 1, 2, and 3 medical practitioners and others should be required to send certificates of infectious diseases to the Medical Officer of Health and not to the Secretary of the Board or to the Registrar General. Bye-law 2 should however retain the option of the occupiers of premises to notify the officer in charge of the nearest Police Station, who should under Bye-law 3 immediately inform the Medical Officer of Health.

Removal of Patients.-"Bye-law 2 seems to require the word 'shall' instead of 'may' before 'remove' in the first line and before 'bury' in the fourth line.

"Bye-law 3 appears to be merely a repetition of section 35 of the new Ordinance (section 29 of the Public Health Ordinance, No. 24 of 1887) and might therefore be repealed."

The President was of opinion that a six-inch pipe should be insisted on, and moved―

That the Board adopt the amendments with the exception of that substituting a four-inch drain pipe for u

six-inch.

The Medical Officer of Health said in regard to the size of the pipe required that it was a matter of opinion, and seconded.

Question-put and agreed to.

Suggested Scheme of Sanitary Reform.-The Vice-President, pursuant to notice, asked-

What steps have the Board taken in answer to an invitation made to the Board in May last by direction of the Officer Administering the Government to formulate a scheme of sanitary improvements in this Colony? The President in reply said the Board forwarded a number of preliminary recommendations to the Government under date of July 23rd last (C.S.O. 1415 of 1900) and July 24th last (S.B. Letter No. 115), to which no replies have yet been received.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Mr. EDWARD OSBORNE, in connection with the above question and reply, traced the origin of the invitation referred to in the question of the Vice-President to the rejection of the Trust Scheme and the Board's resolution relative to the annual setting aside of a percentage of the rates and premia on land sales for purposes identical with the objects of the Trust, and in continuation said that a comprehensive scheme had not been drawn up, as the Board felt that there was very little hope of a comprehensive embodiment of their recommendations on sanitary improvements being accepted, and therefore, pursuant to notice, moved-

That in regard to the Acting Colonial Secretary's Letter to the Sanitary Board of 1st May, 1900, asking the Board to formulate a comprehensive scheme of sanitary improvements, a reply be sent that the Board are not disposed to formulate such a scheme unless some assurance be forthcoming that the Government will give immediate effect to some at least of the Board's recommendations.

Dr. WM. HARTIGAN referred to the extensive enquiries, trouble and personal inspection involved in drawing up the Trust Scheme, and seconded.

The Vice-President spoke in opposition and pointed out that the results of the Board's recent recommendations were, the Insanitary Properties Bill had been put into law, the augmentation of the Sanitary Staff, the erection of latrines, the insertion of $140,000 to increase the water supply; and continuing said it was the duty of the Board to put before the Government what they thought was right.

The Acting Principal Civil Medical Officer thought that the Board had no right to make conditions with Government. The Medical Officer of Health said the point at issue was whether the Board had laid before the Government sufficient schemes for some few years to come or whether it was necessary to prepare further large schemes for their consideration. The schemes which had been laid before the Government and which had not yet been carried out were, provision of additional latrines and public urinals, the erection of a refuse destructor, the disposal of the Peak night soil, a European reservation at Kowloon, the extension of the Board's power in dealing with insanitary property, the formation of a subor- dinate medical and sanitary staff for service in periods of epidemic, and the erection of dwellings for the European staff of the Board, and therefore in his opinion any more comprehensive scheme was uncalled for.

Major BROWN spoke in support of the motion.

The President referred to the good work effected by Ordinance 34 of 1899, the impossibility of reserving a European area in Kowloon, and said he was unable to support the motion.

The Board then divided on the motion.

For.

Medical Officer of Health.

Mr. EDWARD Osborne.

Dr. WM. HARTIGAN.

Mr. JAMES MCKIE. Major BROWN.

Messrs. FUNG WA CHUN and CH'AN A-FOOK did not vote.

Question-put and carried.

President. Vice-President.

Against.

Acting Principal Civil Medical Officer.

Scavenging of Kowloon.-Major BROWN drew attention to the first paragraph of the Kowloon scavenging contract and pointed out the inability of the contractor to keep the sidewalks clean owing to their obstruction and the deposition of rubbish on them. He was of opinion that this unsatisfactory state of affairs arose from the narrowness of the sidewalks and roads and, pursuant to notice, moved―

That the Board draw the attention of the Government-

(1) to the fact that the Kowloon Scavenging Contractor is unable to carry out Condition No. 1 of his Contract, namely, the daily sweeping and cleansing of the sidewalks, owing to the low vegetation, undesirable trees and refuse heaps which now obstruct them.

(2) to the desirability of orders being issued to the Police to prevent the recurrence of any obstruction on the

sidewalks in the future.

Mr. McKIE said if the matter was brought before the Government it would be attended to, and seconded. The Vice-President addressed the Board in opposition.

The Board then divided on the motion.

For.

Medical Officer of Health.

Acting Principal Civil Medical Officer.

Mr. EDWARD OSBORNE.

Mr. FUNG WA ChÜn.

Dr. WM. HARTIGAN.

Mr. MCKIE.

Major BROWN.

The President did not vote.

Question-put and carried.

Against.

Vice-President. Mr. CH'AN A-Fook.

Removal of Dead Figs from the Animal Depôts.-A report of the theft of a pig from the Animal Depôts and a minute by the Colonial Veterinary Surgeon thereon suggesting that the Government be asked to place the Depôts under Police supervision from the hours of 6 p.m. to 6 a.m. nightly, or as an alterative that the depôts be fenced so as to render impossible the removal therefrom of any sheep or pigs without the knowledge of the Inspector-in-charge, were considered.

The Medical Officer of Health moved-

That the minute of the Colonial Veterinary Surgeon he forwarded to Government for the consideration of the

Honourable Director of Public Works.

The Acting Principal Civil Medical Officer seconded.

Question-put and agreed to.

In reference to the latter part of the Colonial Veterinary Surgeon's minute it was agreed that the consideration of the question of compensating the owner for the loss of the pig be postponed until the owner had submitted his claim.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Foot and Mouth Disease, Pokfulam.-A report furnished by the Colonial Veterinary Surgeon in reply to Sanitary Board letter under date of December 21st, 1900, on the recent outbreak of Foot and Mouth Disease at Pokfulam, was submitted.

The Acting Principal Civil Medical Officer drew attention to the style in which the report was written and pointed out that the Board had requested the Colonial Veterinary Surgeon to give the specific cause of the recent outbreak of Foot and Mouth Disease at Pokfulam and not the general cause of this disease.

Major BROWN agreed with the Acting Principal Civil Medical Officer.

It was agreed that the President should address the Colonial Veterinary Surgeon on the unsatisfactory nature of the report.

Cholera in Singapore.-A statement showing the number of cases of Cholera in Singapore from the 23rd November to the 4th December inclusive, was submitted.

　　　On the suggestion of the Medical Officer of Health, who pointed out that weekly reports had been requested and that the latest report was a month old, it was agreed to ask the Government to obtain a more recent report of this outbreak of Cholera at Singapore.

The Limewashing Return-for the fortnight ended December 31st, was submitted.

　　　In view of the annual recurrence of plague during the early part of the year, it was agreed, on the suggestion of Mr. OSBORNE, to request the Medical Officer of Health to pay special attention to the cleansing of the city during the next two or three months.

　　　It was also agreed, on the suggestion of the Vice-President, that the attention of the Government should be drawn to the large influx of Chinese for the Race Meeting with a view to steps being taken for its diminution.

Papers.-The following papers, having been circulated to the Members, were laid on the table :-

1. A letter from the Honourable Colonial Secretary informing the Board that His Excellency the Governor approved of the Board's proposal relative to watering the streets on the lower level, and requesting the Acting Secretary to order four carts from the lowest tenderer as recommended by the Board.

2. A letter from the Consul-General of Netherlands India stating that arrivals from Hongkong are subject to ten

days' quarantine.

3. Reply from H.B.M. Consul, Batavia, regarding quarantine against arrivals from Singapore,

4. Result of the analysis of a sample of Milk.

5. Mortality Return from Macao for the week ended 16th December, 1900.

6. Mortality Statistics of this Colony for the weeks ended December 15th and 22nd, 1900. A confidential meeting was then held.

Adjournment.--The Board adjourned till Thursday, the 17th day of January, 1901.

R. D. ORMSBY,

President.

Confirmed at a regular meeting held this 17th day of January, 1901.

G. A. WOODCOCK, Acting Secretary.

GOVERNMENT NOTIFICATION.---No. 34.

Information has been received from the Military Authorities that Artillery Practice with take place as under:-

On 21st, 23rd, 25th and 31st January, 1901, from Lyemuu in North-Easterly, Easterly

and South-Easterly directions.

On 28th and 30th January, 1901, from North Point in Northerly and North-Easterly

directions.

All ships, junks and other vessels are cautioned to keep clear of the ranges.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 16th January, 1901.

GOVERNMENT NOTIFICATION. -- No. 35.

Tenders will be received at this Office until Noon of Monday, the 28th January, 1901, for forming foundations to the proposed new Western Market, on a site situated on the South side of Connaught Road and in front of the Harbour Master's Office.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Major BROWN agreed with the Acting Principal Civil Medical Officer.

It was agreed that the President should address the Colonial Veterinary Surgeon on the unsatisfactory nature of the report.

Cholera in Singapore.-A statement showing the number of cases of Cholera in Singapore from the 23rd November to the 4th December inclusive, was submitted.

The Limewashing Return-for the fortnight ended December 31st, was submitted.

Papers.-The following papers, having been circulated to the Members, were laid on the table :-

2. A letter from the Consul-General of Netherlands India stating that arrivals from Hongkong are subject to ten

days' quarantine.

3. Reply from H.B.M. Consul, Batavia, regarding quarantine against arrivals from Singapore,

4. Result of the analysis of a sample of Milk.

5. Mortality Return from Macao for the week ended 16th December, 1900.

6. Mortality Statistics of this Colony for the weeks ended December 15th and 22nd, 1900. A confidential meeting was then held.

Adjournment.--The Board adjourned till Thursday, the 17th day of January, 1901.

R. D. ORMSBY,

President.

Confirmed at a regular meeting held this 17th day of January, 1901.

G. A. WOODCOCK, Acting Secretary.

GOVERNMENT NOTIFICATION.---No. 34.

Information has been received from the Military Authorities that Artillery Practice with take place as under:-

On 21st, 23rd, 25th and 31st January, 1901, from Lyemuu in North-Easterly, Easterly

and South-Easterly directions.

On 28th and 30th January, 1901, from North Point in Northerly and North-Easterly

directions.

All ships, junks and other vessels are cautioned to keep clear of the ranges.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 16th January, 1901.

GOVERNMENT NOTIFICATION. -- No. 35.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

ร

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 36.

The following is published.

By Command,

J. H. STEWART LOCKHART. Colonial Secretary.

Colonial Secretary's Office, Hongkong, 17th January, 1901.

Government of China.

CHEFOO DISTRICT.

LOCAL NOTICE TO MARINERS,

No. 45.

Telegraph Cables.

　　Notice is hereby given that Telegraph Cables have been laid between this Port and Taku, Port Arthur, Weihaiwei, Kiaochow and Shanghai. Masters of vessels are requested not to anchor to the South of a line drawn from South East Island to Tower Point.

In the event of a vessel fouling the Cables, the utmost care should be exercised to prevent damage to same. The direction of the Cables are, for the first half mile from the South shore of the Harbour, N. 48° E., they then diverge

as follows:-

Taku and Port Arthur Cables

Shanghai Cable

Weihaiwei Cable.

Kiaochow Cable

.S 83° 30 E. .S 78° 30 E. .S 78° 00 E. ...S 76o 00 E.

　　The line taken by the Shore end of the Cables, is marked by two triangles on poles about 40 feet high and painted white.

All bearings are magnetic.

Approved :-

J. H. MAY,

Harbour Master.

JAMES W. CARRALL,

Commissioner of Customs.

CUSTOM HOUSE,

Chefoo, 1st January, 1901.

GOVERNMENT NOTIFICATION.- No. 6.

The following Lot of Crown Land at Mong Kok Tsui, Kowloon, will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 21st day of January, 1901, at 3 p.m. :-

Abbot.

Kowloon Inland Lot No. 1,117.

For Particulars and Conditions of Sale see page 4 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Lewis.

Berli.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Fookyean.

Dahyencheung.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho,

Hongkong. Kimm.

Kue Kee.

Kunecheong.

Kwongchongloong.

Kwongyuen.

Leeyick.

Leigh Orange.

Hongkong Station, 19th January, 1901.

Lewjon.

Marry-Ship Street.

Otiusam Joginsecol.

Penrose.

Phelps Miss.

Ricalton.

Stuttgart-German Steamer.

Taussig.

Tekchong.

Wardley.

Wert.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5445, 5235.

5115.

0587, 2052, 6068.

F. von der Pfordten,

Manager in China.

ร

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 36.

The following is published.

By Command,

J. H. STEWART LOCKHART. Colonial Secretary.

Colonial Secretary's Office, Hongkong, 17th January, 1901.

Government of China.

CHEFOO DISTRICT.

LOCAL NOTICE TO MARINERS,

No. 45.

Telegraph Cables.

as follows:-

Taku and Port Arthur Cables

Shanghai Cable

Weihaiwei Cable.

Kiaochow Cable

.S 83° 30 E. .S 78° 30 E. .S 78° 00 E. ...S 76o 00 E.

　　The line taken by the Shore end of the Cables, is marked by two triangles on poles about 40 feet high and painted white.

All bearings are magnetic.

Approved :-

J. H. MAY,

Harbour Master.

JAMES W. CARRALL,

Commissioner of Customs.

CUSTOM HOUSE,

Chefoo, 1st January, 1901.

GOVERNMENT NOTIFICATION.- No. 6.

The following Lot of Crown Land at Mong Kok Tsui, Kowloon, will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 21st day of January, 1901, at 3 p.m. :-

Abbot.

Kowloon Inland Lot No. 1,117.

For Particulars and Conditions of Sale see page 4 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 5th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

List of unclaimed Telegrams lying in the Joint Telegraph Companies

Offices at Hongkong.

Lewis.

Berli.

Chang Yuk c/o Jardine, Foreign Co.

Deede.

Fookyean.

Dahyencheung.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho,

Hongkong. Kimm.

Kue Kee.

Kunecheong.

Kwongchongloong.

Kwongyuen.

Leeyick.

Leigh Orange.

Hongkong Station, 19th January, 1901.

Lewjon.

Marry-Ship Street.

Otiusam Joginsecol.

Penrose.

Phelps Miss.

Ricalton.

Stuttgart-German Steamer.

Taussig.

Tekchong.

Wardley.

Wert.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5445, 5235.

5115.

0587, 2052, 6068.

F. von der Pfordten,

Manager in China.

Address.

etters.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

POST OFFICE NOTICE.

Poste Restante Correspondence, 19th January, 1901.

Address.

etters.

Papers.

Address

Letters.

Papers.

Address.

Letters.

Papers.

Adams, A. H. Austin, T. P. Akcles, G. J. Adams, J.

Ath, G. P. D.

Ahlmann, X.

Draper, W. Dandort Dawson, Mrs. P. Duriot

Datema, Capt. E.

Dimitrios, J.

Dallas, H.

Anderson, J.

Anderson, Mrs. A.

Dessallais

Arrowsmith

Bowie. A. A.-

Bell, T. M.

Erroll, Mrs. Evans, J. H. Embden, M. Ellis. Mrs. F.

Hughes, G. H. Hooper, A. F.

pe Hill, W.

Johnson. G. W. Jong Gee Jackson, Capt. Joseph

J. C. S.

7 | Jones, G. H, B.

Mathews, Mrs. W. Mackenzie, A. C. McWilliams, Miss

Mayer, E.

Majer, Mrs.

Montilla, B. Martinez Mario, G.

Norsk. J. S.

- pc.

Newill, W.

Norton, E. C.

Nagel, G. P.

Bush. D. F.

Beddulph,

Lieut. L. S.

Bryan, R.

Bun Heung Blomfield

Barry, Capt. J. Bohm. O.

Bailie. J. J. Baites

Barclay, Mrs. T. Brander, W.

Beyson. A.

Blieferncht

Brockinan

Fowell, P. Fernandes. V. F. Fawcett, G. -Fowler, C. M.

Furlonge, K. S.

Fung Kee

Fernandez, D.

Fox, F.

Krafft, B.

Kennedy, R. J Kennedy. R. P. Kiraulioff. A. T. Kirkwood, M. Klamberg

Kahnunsky, S.

Kong Ah Muoy

Krater, W.

Address.

Richardson, J. Raeburn, M. Ryder, J. Ross, A.

Shaw

Samborn, F. G.

San Fat Sen

Skinner. W.

Letters.

l'apers.

1231

Norris, R. C. Nellner H. Neave, Mrs. Nicholson, H. J. Nanson, R. C.

Olpp Osgood, A. Oldham, G. O'Dell, F. Oldenberg

Spence, Lieut.

H. H. C.

Spence, M. Simon, Dr. M. Skordahl, J. Scott, G. M. Smith, H. M. Shariff, Viss M. S S..lisbury, J. Spindaler & Co., Scheffer, I. T. Scott. C. H. Smith. C. I. Schierhorst, Mrs. Smith, B. Sullivan, O. Sheppard. T. M.

Scott, W. G. Stevens. R. Souzac, J. A.

...

1 bk.

1 pc.

Bosenberg, W.

Bradburry, G. W.

Bracco

Bloch, C. R.

Brown, H.

Bicarbonat, W. Bidal, A. U.

Barbey

Champion, J. F. Cockburn, H.

Cowden, H. S.

Casalond, D.

Callsen, F. W.

Carr, B. L.

Cox, Mrs

Chisholm, G. P.

Cambell, W. G.

20 29 19

Gleeson, R.

Gorden. J. N.

Gradzizki

Gillis, Mrs. G.

Gedaljy

Goelz, F. Girling, G. R.

Gilles, ie, J.

Grunstein. Mrs. B.

Glasson Girling, A. Gullcom, Mrs.

Lauro, C. S. Lewis. H. W. Little & O., Lyall, Hill

pc. Lowe, S. S.

Lusbany, R. J. Lopez, Miss E. Luc Lange, W. Lynch, G.

Lenry. C. Lisette, A.

Launder, W.

Luk Cheuk Man

Lewis, R. '

4 pc

S. C.

Gurtrude

Lee. Mrs. L.

Grey. Miss M.

Lindskog

Gaunt

Geansy, B.

1 pc.

Goepel. S.

Phillips, W. B. Powers & Co., R. H Pow Long & Co. Panerreon, Mrs. Paterson. J. B. Pomery Miss Perzal. J. Piry. A. Priechard, H. O. Parks, W.

Paulding, G.

Pasucal, F.

Santiago, T.

Schilling, G. M.

Sundt, it.

Suzuike, S.

Todd, Capt. J. Trumpt, E. Thorne, Miss M.

Tomé. T.

Tchang, M. J. Thomson, C. H. Tiberi

Cardova, Mrs.

　　　F. M. Cotton. Dr. A. Cambell. Mrs. J. Cooper, F. C. Cops, Mrs. J. H. Corah, A. Chevers. W' G. Clark, Mrs. F. R. Caulfield, W. T. Cooper, E.

Coke, Dr. G. H. Colegrove, R.

Cotton, Capt. A. S.

Marty, L. Moore. P. J. Millar, J.

Mohammed, P. S.

McDowall, J.

Hali, W. G.

Hunter, C. G. W.

Hannaway, J.

Moyi, Miss

Hongkong

Amateur

Photo Club Hearder, E. H. Hawkmatria

Houstin, Miss R. Harding, C. L.

Hakney, W.

Horn, F. J.

McNamara, B.

Moody. Dr C. McConnell, A. E. Menzell, Capt. W. McCallough

Moutnenaix Muller, P. Marquis. N. MacBain, G. Macalpm Meissuer, T.

Mackchnie, W. E.

Robinson, C.

Rennie, F.

Reid, Capt. C. F. Rialton, J.

Renori, G. J. B.

Ripton. Segt. F. Rohr, W. Rising, F. H. Ricci & Co. Ross, Miss M. J. Rafter, Major

J. A. Richardson, J. F. pc. Raustzen, E. P.

Reys. G. Reyhill, W.

Ross, A. J.

...

Upton, G. Upham, H. U.

Vance, Miss G. W.

ance, Mrs. B.

Williamson, T. H.

Watson, H. G. Weedon, G. Walters, A.

Dupignac

Hindrichs, W. Hinderkoper, J. Hodder, S.

Rodrigus, A. C. F. Roberts, A. W.

Wall ce. F.

Wright, M.

NOTE. - "bk," means "book". "p." means

'parcel." "pc." means" post card." "pk.

means

packet.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

　Allam Thu Con & Co. Attias, T. S. Ackermann & Co., R. Abonne, S. A. Adam, Miss

　Aziz Khan Lapiz. Abdul Khan

Anthony.

Abdul Rahinan Aldny Khan

Arjun ingh

　Auzulatos, G. N. Afzal Khan

Bukh Maomed

Butchen, Singh

Bagoo

Bagat Singh

Buckie.

Brandt, C.

Bakan Singh

Bhagwan Singh (4)

Baksha Singh Bishen Singh

Brown, G.

Brandt, F.

Bauer, E.

Brown, I.

　Budha Khan (2) Bull, P. Galvão

　Carrington, J. C. Cadieux Miss J. Cotewall. H. R. Connel, J. J. Chandi Singh

Coy, C.

List of Registered Covers in Poste Restante.

Cooper, A. J. Carum Baksh, (Umballa) Calcutta Turf Club. Caine Road No. 29 Chandar Pal Singh

Danenberg, E. Davies, D.

Edwards, L. (4) Eldred, Mrs. Etiene. Gallilo Eleshal, E.

Evans. Capt. C. H. Eskell. Earle, Miss S.

Frankel, H.

Filiberto. V.

Fritz Gerald, H. C. (New

York.)

Fazal Ahmed (2)

Falkenflick, S. (3)

Falek, W.

Fox, F.

Flores, J. S.

(2)

Forrest, Mrs. A.

Geoghegan, N. M.

Guria, M. Giese, A.

Gosselin, Comm,

Ghulam Rasool

Hazam Singh

Hans, Mrs. A. J. C. Hooker, Mrs. O.

Harman Singh

Heintz, H.

Hira Singh

Hooper, Mrs. A. F. Hinton, R. S. Hakam Din Hawan singh Hollister. G. K. Hinda Singh Haraguchi, B.

Ib:ihim Khan Ignacio, F.

Jules, Mme. R.

Jackson, J. Jenkins, B. N.

Joseph, S. S. Abdul Jurmanali Shah

Kader Bap

Kala Singh

Kaplun, N. Kuinraz Khan Knappstein, O. Kamman Singh

Kurozuni, K.

Khadooree, Mrs. J. S. Koff, F.

Liaco, Cheang Lopes, Da. C. J. Lowe, W. S.

Lam, Aron

Leopold, Herrn

Little, Mr.

Ladha Singh

Lovatt, Miss

Mandigs, A. L, Maula Bux Mahomed Akbar Manga Khan Mussa Khan Mohamed Khan Mondbini, Ph.

Rustam Khan Ressurreccion, M. Rongier, J.

Ste n, B. (2) Shaminsky, S. Sultan Mahomed Smulas, H.

Saloon, A. J.

Sato, T.

Sahay Khan

Saifa

Munshi Hussain Shah Sahib Said Mahomed

Mangude Singh

Makend Singh

Mehta, C. E.

Moola Singh

Moiler, W. A.

Mulla Singh

Noble, Lt. W.

Nicoll, Miss A. Naden, Thomas Nazal Khan Nalillo Bux Nihull Singh

Olbes, F. Owper, Geo. Ortiz, C. (3)

Perica, F. Pierra, D.

Pino, F. Lara y (3) Plant, J. S. (2)

Rajaram Singh Rahim Alli (2) Roza, A. M. R. C. kidont, J. T. H.

Sassoon, S.

Stanford, Mrs. M.

Thomson, Charles Thornhill, Capt. Teves, Mariano Tomas, C. F. Telvier

Utter Singh Umetami, N.

Vasukhusing, Sgt. Veazey, Mrs. L. (2). Vetch, F.

Watts, F. War singh Wan Pau Yau Wegener, Dr. (2) Weiss, Capt. T. L.

Yonsen, Mrs.

Zaiza, M. M. de

jam nd

喊

S.S." Amigo,"

S.S. S.S.

Beilerophon," Bergenhaus,'

S.S.Brand,"

S.S. "Carthage,"

S.S." Calchas,'

S.S. "

alchas,'

S.S. Changsha." S.M.S.Gefion.' 8.S. Glasgow," S.S. Glenogle, S.S.Hiching. S.S Hainan," S.S. "Kshing," S.S. Kirk field." S.S.Lalpoora,'

...

List of Registered Covers for Merchant Ships.

.F. Wallat.

S.S." Menelaus,'

.K. Morgan.

S.S.

Milos,"

.Capt. J. H. Svendsen. (2)

S.S.

Minto,"

Capt. J. Thornsen.

S.S.

Munchen,'

M. L. Miguon.

.H. C. Beasley.

Mr. Carefull. Capt. Tom Moore. Rollmann.

.B. Domenico, A.B.

Mr. Clements.

.E. F. Gibson.

.F. Claussen.

.G. Hooker.

...G. Dubren.

A. Love.

Ship "Nevelle,'

S.S. Ningpo,'

Ship Norwood," S.S."Ningpo,"

S.S. "Shantung,' Ship

"Sierra Estrella,"

S.S." Sydney." S.S."Ulysses,' S.S." Utta," S.S. Vienna," S.S."

Wongkoi,'

..J. Ambrose (6).

A. Hausen (2).

Abdool Karim Ebrahim.

.W. Rummler.

..Capt. D. Steven. ...J. L. Manthie.

S. Takake.

..........................J. L. Monthie.

Capt· Quail. S. Cruston. ..A. Lagrange.

H. Weldon (2). M. England.

.C. McLay.

.C. Schunz.

Anden Oberingenior der Cheong, J.

List of Unclaimed Parcels.

Groves, Mrs. T. W. Geoghegan, Capt. S.

Jackson, Miss

offentlichen Arbeiten in

Vladivostock.

Ah Cheong.

Eckert, Miss R.

Barclay, J. B.

Bevan, Archur

Fernandez, V. D. Fair, Mrs. A.

Mann, Gunner Montfort, Miss

Bennett, F. L. (2)

Cameron, A.

Gillott, A. Groves, Capt. T. W.

Norris, R. C. Nicholson. H.

Parpart. Kurt V. Painter, G. E.

Reynolds, E. M.

Scott, J. G. (2) Spillane. W. G. Spronle, H. H. Stevenson, Lt. K. L. (2)

Tehitchagoff, Madame,

(Vladivostock.) Tang, T. H.

Vernon, L. D.

Vetsh. Mad. F. (2)

Yee Hong.

S.S.

S.S. Apenrade," Benvenue."

S.S. "Breamar."

S.S. Carlisle City,'

S.S. "Chowtai,?

S.S.

Haisong,"

S.S. Hailoong,"

S.S.Kaifong,

S.S. S.S.

Kumsang," Machew,"

S.S."

Mozambique," S.S. "Nanchang," S.S.Nippon Maru," S.S. Olympia." S.S. "Olympia,"

List of Unclaimed

.Capt. H. Lorenzen.

.Capt J. Potter.

.A. Samuelsen.

..James Croll.

.R. Moir.

...J. G. Reid.

T. Clark.

L. Munn. Hugh Cuthbertson. ..Capt. J. E. Farrell, ...Capt. R. McCrom. (2) ...C. Lorder.

..Capt. J. F. Allen. (2) ..C. B. McMullen (3)

P. G. Groves.

Parcels for Ships

S.S.Prinz Heinrich," S.S."Progress." S.S."Prometheus.' S.S. Queen Adelaide,' Transport Rewa," S.S. Salamis,"

8.3. "Strathgyle," S.S. "Suisang,' S.S. "Taksang," S.S. "Tritos," S.S. "Victoria,' 8.8. "Wingsang, S.8..

Wongkoi, S.S."Yu Shun,'

David Benjamin, W. Hoppe. ...W. J. hunter.

J. McMillan.

Wm. Mustarde. (2) H. Earl.

D. MacDonald.

A. Bremner.

.G. Porterfield.

.P. Nielsen (2)

.O. Wennberg.

.G. T. Holmwood,

.C. Schnur.

.E. W. Clements,

Address.

Letters.

l'apers.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Unclaimed Letters for Merchant Ships, 17th January, 1901.

Address.

Letters.

l'apers.

Address.

Ausgar

Anna Moore

Annerley Argyle

Adolf Obrig

"alypso Commerce

Hebe Hoi Lee Hailar

Dilaj

Hatting

Acara

Devawongse Dunar

1 pc. Hillglen

Brant

Bungaree

Buckingham

Barbloch

Bentomond

Exe of London

Eturia

Eidovold

Emma Luz Ken

Elm Branch

Benlawers

Harbin

India Irene

Khyber Kitty

Letters.

Papers.

Address.

Mozambique Monkseaton

Marianne

Mazagon

Manning

Neville Norwood Nagadan Nairnshire

Oro

Prudentia

Patrie

1211

Papers.

Address.

South America Stats Maru Sicili n

Sarphedon Stradhord

Tardis

Tei Fu

Uamdar

Ben Leavers

Baron Inverdale

Cymberline Cedar Bank Claverdale

Carmanian

Caithness

Chang Reong

　Claverdon Claverly

Frankfort Forest Dale

Goodiava General Bac- quedaur Glenterrent

2 Glenfarg Glenogle Gymeric Garonne

Kassala

Kong Mau

Lake Erie Lenpleo

owenburg Lenator

2 Lohana

Morven Murani

NOTE." bk." means "book." "p." means

Vadala Volkyrian

Victoria

Pronto

Veimeira

Piciola

Vimetra

Venetia

Riverdale British

West York Wilhelmina

Yorishima Maru

Rajah Roland Rhipeus Rio Negro

parcel." pe." means "post card."

Dead Letters, &c.-19th January, 1901.

Martinez, J. B. Ubago

Alexander, M. R.

Anderson, H.

Hongkong Kowloon

1 Letter.

Kieffer, Jacko

Kraasch, A.

Bagnall, A. L

.Hongkong

Kusafuji, K.

Brooks, T. E. L.

Cantreras, R. de.

..H.M.S. Royal Arthur, Sydney

Amoy

McCarthy, E. T.

McGrath, D

Crithen, J. H.....

.Naval Yard, Hongkong..

Daumalin, "Descartes

.Hongkong

Millar, Miss Rosie

Ermekeil, H. O,

Hongkong

Fawcett, W. E.

...Shanghai

Goldenberg, W.

.Tientsin

Gutman, M.

Haas, A.

.Shanghai Nagasaki

1 P. Card.

1 Letter.

Irvine, T. W.

Capt. I.M.S., Shanghai

Kala Singh

.Hongkong.

Nasilowski, Ida.

Remedios, A. C. Richmond. Mrs. Rodgers. H.. Seaton. Mrs.

Tio Siong Pheng Wywaletz, Panl

.Stotzheim

.Stadreich

Yokohama

Singapore

1 P. Card.

1 Letter.

H.M.S. Royal Arthur, Sydney 1

Habana

Hongkong

Bromberg

Hongkong

.Hongkong

Peak, Hongkong

..Patie

.Breslan

1 P. Card.

1 Letter.

1 "

1 P. Card,

The above letters have been returned from various places at which the addressees cannot be found, or have been refused. If not claimed

within ten days, they will be opened and returned to the writers.

British

List of Articles lying in deposit at the Base Post Office, British Contingent,

Arthur H. Adams, Esq.

Dr. Abdussuttar Khan.

Lt. C. J. L. Allanson, R.A.

B. Behari Lall Chuckerhutty.

Capt. R. G. Burton.

f. Brown, Qr.-Master Sergt.

Col. Browne, D.S.O.

Capt. F. Baines, I.M.S.

J. C. D. Burton, Esq.

Sergt. R. Clarke, 31st F.B., R.A.

E. J. Culpeper, Asstt. Surg.

Lt. A. J. Coke, 3rd P.C. Major S. Comfort.

Dulji, B.C.C.

Mr. W. Danis.

Capt. Innis Hay Doyle, R.F.A.

Mr. F. P. Drury, Compounder. Durbari Ram, H.A.

A. B. Fry, Esq., M.B.

It.-Col. C. M. FitzGerald, C.0.0. Major A. A. Fraser.

China Expeditionary Force, 15th January, 1901.

Capt. J. Gould, I.M.S.

Dr. J. C. Gillman.

Condr. W. D. Gray.

Goondoo Bhicajee Hitoorkar, Esq. Major E. W. Headlam, R.F.Á.

L. Hamir Chaud, Vety. Asstt. Br H. J. Jacob.

G. L. Jones, Esq., R.H.A.

Gr. A. J. Kite. Comst. Dept.

Lt. W. M. t. G. Kirke, R.A.

Lt. C. E. Ruck Keene.

Mr. W. Leslie, A.B.

B. Lall Chaud, Sub-Store Keeper.

Mr. Charles E. Littlewood. Corpl. H. A. Mercer.

Capt. D. G. Maxwell, 17th B.C. D. N. Metter, Esq.

C. H. McMinn, Esq., A.D.S.P. Capt. A. H. Montagu.

Genl. . M. Preach, V.C., Poll. L. Parbhudial, S.K.

Dr. L. J. Pisani.

L. Pirthi Chaud, Vety. Asstt.

Ramlall Butler, c/o. Lt. Surtores. Major R. Ross, I.M.S. Capt. C. G. Robson.

Sheo Prasad, H.A.

Capt. C. W. Stulpnagal.

Lt. C. Schrottley, R.A.

2nd Lt. H. M. D. Shaw.

V. B. Sankor Singh, Signaller.

Capt. H. G. Sergeanot, R.A.

H. H. Syer, Esq.

Cap. J. Thornhill, 6th M.I.

膨

Mr. Oscar F. Temple.

Capt. J. O. Travers. Staff-Sergt. Turton. Sergt. Wake.

Capt. G. H. Whitehead, 33rd M.I.

Capt. J. Wade, Engineer.

Lt. Hugh Gordon Watson.

Capt. L. N. Younghusband.

Letters.

pc.

Papers.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

American and German Mails, 1st November, 1900.

Arbroath Guide (The) 8 Sep- Christian Herald, 6 Septem- International Journal of Sur- Liverpool Weekly Mercury. Out Book.

tember, 1900.

ber, 1900.

Bulletin Trimestrial de L'As-

sociation.

Canadian Contract Record,

　19 September, 1900. Catalogues.

Auswers, 11 August, 1900.

Catalogues.

Cassel's Saturday Journal, 3

October, 1900.

Cork Constitution, 29 Sep-

tember, 1900

Christian Intelligence, 10

September, 1900.

Chicago Medical Times.

Export Trade.

Generous de Sera. Glasgow Weekly Mail.

French

Edinburgh Medical Mission- ary Society, May, 1900. Electrical Engineer, Septem-

ber, 1900.

German Papers.

Helensburg and Garlock Times, 3 October, 1900. Hooner's Penny Stories.

gery.

Le Croix.

La Dépêche, (8 copies.) L'Avenir du Puy-de-Dome,

27 September, 1900. L'Echo de Paris. L'Eclair, (+ copies.)

Minnipely Daily Tribune

(The).

Moneteur de la Hygiene Pu-

blique, I September, 1900.

New York Weekly Press (The) 3 September, 1990.

Mail, 6th November, 1900.

International Journal, Sur-

gery of.

La Croix.

People's Friend, 3 Septem-

ber, 1900.

San Francisco Chronicles, 2

October, 1900. Weekly Telegraph, 19 Sep-

tember, 1900.

Middlesex County Times, 29 Trusting and Toiling, 15

October, 1900.

Sept mber, 1900.

New York Herald, (several

copies.)

Le Jura Bernois, (several Notice to Mariners, 22 Sep-

copies.)

Le Petit Marseillais, (4 co-

pies.)

Le Petit Parisien. Le Rêveil.

Daily News (The) 22 Sep- Il Rosario e la Neueva Pom- Lloyd's Weekly Newspaper,

tember, 1900.

Agricoltura Moderna.

pei, (6 Books.)

De Tijd.

30 September, 1900.

tember, 1900.

People (The) 29 July and

16 September, 1900.

Saturday Weekly Citizen, 29

September, 1900.

English Mail, 10th November,

Illustrated London News,

13 October, 1900. Il Piccolo, (several copies.) Il Rosario e la Nouva Pom-

pei.

Australasian Intercollegiau, Diario do Governo, 5 Octo-

1 September, 1900.

Blairgowrie Advertiser. Boletim Official.

Building News, 12 October,

1900.

Catalogues.

Chatham, Rochester

Brompton.

Crente, 6 October, 1900.

and

Daily Telegraph, 11 Octo-

ber, 1900.

D'Echo, (12 copies.)

Age (The) 15 October, 1900.

British Weekly, 9 August,

1900.

Brighouse News, 21 Septem-

ber, 1900,

Caffaro. Cape, Argos Weekly Edition (The) 3 October, 1900. Catalogues.

Christian, 27 Sept., 1900.

of God

Acknowledgment

　(The). Arkansas Methodist (The)

16 October, 1900. Army and Navy Gazette, 20

　October, 1900, Australasian (The) 27 Octo-

　ber, 1900. Association Amicable.

Black and White, 20 Octo-

　ber, 1900. British Medical Journal, 27

October, 1900.

British Weekly (The) 25

October, 1903,

Cassell's Magazine. Cassell's Saturday Journal,

　8 August, 1900. Catalogues. Catalogue of Bacteriological

　Apparatus. Catalogue of Lanterns and

Accessories. Catalogue of Machine Tools. Catalogue of Physical and Practical Physics Appara-

tus.

Catalogue of Photographic Apparatus and Chemicals. Chambers' Journal.

ber, 1900.

El Mercuris, (several copies.) Engineering, 13 August,

1900.

German Payers. Golf Illustrated, 12 Octo-

ber, 1900.

Great Thoughts, 8 and 15

September, 1900.

Journal de Liége. Journal de St. Petersbourg. Journal of the Department

of Agriculture.

La Croix.

La Gazzetta di Malta.

Il Gazzettino, 15 Septem- La Vera Roma, (6 copies.)

ber, 1900.

Illustrated Mail.

French

Church Family Newspaper,

12 October, 1900. Colorado Medical Journal,

June, 1900.

Daily Chronicle (The) 18

October, 1900.

Engineering and Mining

Journal, 6 October, 1950. Engineer (The) 8 June, 1900. Engineer Telegraph, 6 Octo-

ber, 1900.

English China's Millions, November,

1900. Commercial Intelligence, 27

October, 1900, Contemporary Review. Cork Weekly Examiner, 25

October, 1930. Courrier du Val-de-Travers.

Daily Malta Chronicle, 25

October, 1900.

Daily Telegraph (The) 22, 23, 24, 25, 26 and 27 Oc- tober, 1900.

De Tijd.

Dundee Advertiser, 24 Octo-

ber, 1900.

Educational Review, Sep-

tember, 1900. Emporium, September, 1900.

Field (The).

Gazette Radomska. Genie Civil (Le) 20 October,

1900. Germancher Lloyd. German Papers. Glasgow Weekly Herald, 20

October, 1900. Greenock Telegraph, 22 Oc-

tober, 1990.

Le Journal d'une Fenuce de

Chambre.

1900.

Lennox Herald (The). Le Patriote, (several copies.) Le Petit Bleu, Liverpool Mercury, 12 Octo-

ber, 1900, Liverpool Daily Post, 26

July, 1900.

London and China Express, L'Osservatorio Romano, (11

12 October, 1930.

copies.)

Methodist Quarterly, Octo-

ber, 1900.

Moniteur Intérêts Materiels,

(4 copies.) Monthly Army List.

Mail, 20th November, 1900.

Engineer Times (The) 13 Le Depêche, (7 copies.)

October, 1900.

Life of Faith, 17 October,

1900.

Gazette (The) 13 October, Lloyd's Weekly Newspaper,

1900.

Il Piccolo.

Japan Times, 9 November,

1900.

Journal de Liêge.

Leader (The) 13 October,

1900.

9 September, 1900.

Mission World, 15 October,

1900.

News of the World, 5 Octo-

ber, 1900. Newquay Guardian (The)

5 October, 1900. New York, (7 copies.)

Mail, 24th November, 1900.

Highland News, 22 Septem- L'Independence Medicale,

ber, 1900.

Home Magazine, 22 & 29 September, & 22 Octo- ber, 1900.

Il Gazzettino. Illustrated London News. Il Museo Poldi-Pizzoli in

Milano.

Il Seculo, 22 October, 1900.

Japan Daily Mail, 15 No-

vember, 1900.

24 October, 1900.

Modern Society, 20 October,

1900.

Morning Post (Tfte) 23 Oc-

tober, 1900.

Newport and Market Drap- ton Advertiser, 20 October, 1900.

Nieuwe Rotterdamsche Cou-

rant.

Watch Word (The) 22 Sep-

tember, 1900.

West Sussex Gazette, 27

September, 1900. Week (The) 5 October 1900.

Yorkshire Herald, 6 Octo-

ber, 1900.

News of the World (The) 10

September, 1900.

Paisley & Renfrewshire Ga- zette, 6 October, 1900. · Rinderbote.

Sample of Cloth.

Sailing List. San Francisco Chronicle.

Standard (The) Sunday Companion, 6 Oeto-

ber, 1900.

Times, Weekly Edition.

Ultramar (0).

Perthshire

Constitutional

Journal, 15 October, 1900.

Reveu de Indo-Chinoise.

Sample of Coffee.

Scotsman (The) 16 October,

1900. Southmolton

Gazette, 22 September, 1900. To-day, 11 October, 1900. Yorkshire Post(The) 11 Octo-

ber, 1900.

Scientific American Supple-

mentary, 20 October, 1900, Singapore Exchange Market Stationery Trades Journal.

Report. Sports Gazette (The) 20 Oc-

tober, 1900. Southampton Times and Hamshire Express, 18 Oc- tober, 1900. Sydney Morning Herald, 3

November, 1900.

Journal de Liége, (several Northern Star, 25 October, Times (The) 20, 22, 23, 24

copies.)

Journal de St. Petersbourg.

La Croix, (several copies.) L'Adriatico, 25 October, 1900. La Meuse.

Lennox Herald (The) 15

September, 1900. Le Moniteur des Cottes-du-

Nord.

Le Musion.

Le Patriote, (several copies.) Le Petit Var, (several copies.) Le Petit Journal, 24 Sep-

tember, 1900, Libertas.

Lloyd's Weekly Newspaper,

21 October, 1900,

1900.

& 25 October, 1900. Tit-Bits, 13 & 20 October,

1900.

Otago Daily Times, 26 Sep- Tweede Kamor, (several co-

tember, 1900.

Pall Mall Magazine, Octo-

ber, 1900. Pearson's, October, 1900. People's Journal (The) 6

October, 1990. People's Friend, 15 October,

1900.

Publications of the Astrono- mical Laboratory at Go- ningen.

Registre Recapitulatif.

pies.) To-day, 18 October, 1900.

Weekly Free Press (The)

20 October, 1900. Wiltshire Country Mirror &

Express (The).

Union (The) 22 November.

1900.

Young Ladies' Journal.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Bo'ness Journal (The) 26

　　　October, 1900. British Baker (The) 26 Oc-

　　　tober, 1900. British Medical Journal, 8 and 15 September, 1900. Bulletin (The) 27 October,

1900.

Catalogues, 27 October, 1900. Cheshire Observer (The) 27

　　　　October, 1900. Christian Herald, 17 Octo-

ber, 1900. Cook's Australasian Travel- lers' Gazette, 1 Nov., 1900.

Evening Post, 27 October,

1900.

German Papers.

French Mail, 3rd December, 1900.

Glasgow Weekly Mail, 20

October, 1900. Golden Penny (The) 3 Nov-

ember, 1900. Greenock Telegraph (The)

26 October, 1900.

Half Holiday, 3 November,

1900.

Harper's Monthly Magazine. Hereford Journal, (The) 27

October, 1900. Histoire Industrielle.

Il Consulente Ecclesiastico. Il Gazzettino. Illustrated London News, 27

October, 1900.

Il Seculo.

Irish Endeavour (The) Nov-

ember, 1900.

Jurnal de Noticias. Journal Officiel. Journal de St. Petersbourg.

Ladies' Field (The). Lady's Realm (The). La Tribuna de Geneve. Le Propagatuer, November,

1900. L'Estafette.

Liddell's Weekly, 26 Oc-

tober, 1900.

New York Times (The) 28

October, 1900. New York Tribune 27 Oc-

tober, 1900. Nineteenth Century, Oc-

tober, 1900. Northern Countries Maga-

zine, November, 1900.

Sketch (The) 24 October,

1900.

Standard (The) 30 October,

1900.

Sun (The) 28 October, 1900.

Times Weekly Edition, 2

November, 1900. Tit-Bits, 27 October, 1900.

Our Own Gazette, Novem- Traveller (The) 20 October,

ber, 1900.

L'Italia Reale Corriere Va- People's Friend, 29 October,

zionale.

M. A. P. (The). Monthly Magazine of Fic-

tion.

1900. People's Journal, 27 October,

1900.

Prabhat.

Punch.

Mail and Express, 27 Oc- Record (The) 2 November,

tober, 1903. Montreal Philatelist.

1900. Scotsman (The) 27 October,

1900.

Glasgow Evening News, 31 Japan Daily Mail, 20 Nov- New Fenny Magazine (The) Semi-Weekly Colonist, 23

October, 1900.

ember, 1900.

27 October, 1900.

October, 1900.

1900.

Universal Market, 24 Octo

ber, 1900.

Union (The) 1 October,

1900.

Vasarnapi Zjag.

Weekly Scotsman, 27 Octo-

ber, 1900.

Weekly Press, 24 October,

1900.

World (The) 27 October,

1900.

American Wood and Cotton

Reporter, 6 September, 1900,

Associated Board of the Royal Academy of Music and the Royal College of Music.

Black and White, 3 Novem- her & 20 October, 1900, British Weekly, 8 November

& 25 October, 1900.

English and German Mails, 9th December, 1900.

Engineering Magazine, No-

vember, 1900. Engineering, 9 November,

1900.

Farm Field Garden (The) 3

November, 1900.. Forget-me-not, 3 November,

1900.

Java Bole, (several copies.) Journal de St. Petersbourg. Journal of the Royal United

Service Institution.

La Croix.

Lady (The) 8 November,

1900. La Gazzette.

Galloway Gazette, 27 Octo- La Gazzetta Dello Sport.

ber, 1900.

Cassier's Magazine, Novem- German Papers.

ber, 1900, Catalogues.

Christian, 25 October, 1900. Christian Endeavour, 1 No-

vember, 1900.

Daily Malta Chronicle, 31

October, 1900. Daily Telegraph.

Glasgow Weekly Mail, 27

October, 1900. Greenock Telegraph, 30 Oc-

tober, 1900.

Hampshire Telegraph, 3 No-

vember, 1900. II Messaggero.

11 Seculo, (several copies.)

Lennox Herald (The) 27

October, 1900. Le Pariote, (several copies.) L'Etoile Belge. Lloyd's Register, British and

Foreign Shipping. Liverpool Courier (The) 9

November, 1900. Liverpool Weekly Post. Life of Faith, 31 October,

1900.

Lloyd's Weekly Newspaper,

(6 copies.)

Sample of Cotton. Scotsman (The) 31 October,

1900.

Medical Temperance Review. Scraps, 3 November, 1990.

Strand Magazine (The). Mercy and Faith. Moniteur des Intérêts Mate-

Sunday Stories. rieles.

Sydney Morning Herald. Morning Star, 1 November,

1900.

Natal Witness (The) 27 Oc-

tober, 1900. New Court Pulpit (The). Notices to Mariners (7 books.)

Polititien, 2 November, 1900.

Quiver (The) November,

1900. Sample of Cloth.

(The) 5 November, 1900.

Weekly Box of Curios, 19

November, 1900. Wellington Journal & Shrews- bury News, November, 1900. West Kent Church Mission- ary Gleaner, November, 1900. Writing Machine News, Oc- tober & November, 1900.

Youth's Instructor, 1 No-

vember, 1900.

　　Advertiser (The) 2 copies. Allenbury's Foods, 21 No-

vember, 1900. Amsterdamsche

Courant,

17 November, 1900. Anales de Electro Homeo-

potic.

Bollettino di Notizie Com- merciali, (several copies.) Book Circular, Nov., 1900. Book Lover (The).

Bücher, (several copies.)

Calvert's Catalogues. Catalogues. Caxtonian Quarterly (The). Chemist and Druggist. Christmas Harmsworth. Church Times (The) 16 No-

vember, 1900. Citrophen Supplement

(The) 2 copies. Courrier de Bruxelles, 22

　　　　November, 1900. Courrier della Serra. Colliery Guardian (The) 22

November, 1900.

Courrier de la Sambre. Cotton (The).

English and French Mails, 23rd December, 1900.

Deli Courant, 12 Decem-

ber, 1900. Deutsche Koloniatzertung,

22 November, 1900, Deustche Nachrichten, 15

November, 1900. Die Woche, (several copies.)

Engineering Directory. Essex County Standard

(The).

Evening Express, (several

copies.) Exporteur. Export Price List.

Feuille d'Avis de Laus-

aune, (several copies.)

Gebiete Surveseas (Des). German Papers. Glasgow & Co., Alexander

Young, (2 copies.) Glasgow Weekly Mail, 17

November. 1900. Graphic (The).

Hibernian (The) 2 copies.

Idler, September, 1900.

Deccan Post (The) 17 Au- Illustrated London News,

gust, 1900.

3 November, 1900.

Illustrated Sporting & Dra-

matic News (The). International Kennel Re- view (The) Nov., 1900.

Journal de Liège, (several

copies.)

Kleine Courant, (2 copies.) Kodak, August, 1900.

La Bourse Pour Tous, 17

November, 1900. La Croix, (several copies.) La Croix de la Lozère, 4

November, 1900.

La Moda Illustrata. La Stampa, 15 Nov.. 1900. Laundry Journal (The). La Vera Roma, 28 Novem-

ber, 1900.

Le Courrier de Londres et

de Paris. La Vie Illustrée, 9 Novem-

ber, 1900.

Leco-di Bergamo, 21 No-

vember, 1900. Lennox Herald (The) 13

October, 1900. Le National Illustré. L'Estafette, 15 Nov., 1900.

L'Etoile Belge, (several co-

pies)

Letour du Moule. Lloyds Weekly, 18 Novem-

ber, 1900.

Feople's Sunday (The) 18

November, 1900.

Petite Bibliotheque Chre- tienne, December, 1900. Persian Papers.

Lloyd's Weekly Newspaper, Preis Liste, (several copies.)

(several copies.)

Pelican (The) 17 Novem- L'Osservatore Romano, 19 ber, 1900.

November, 1900.

Manufacture Française

d'Armes de St. Etienne, (several copies.) M. A. P., 17 Nov., 1900. Methodist Monthly Adver-

tiser, (2 copies.). Missions Blad, (several co-

pies.)

Pulman's Weekly News.

Regions Beyond, (2 copies.) Religious Tract Society.

Scottish Provident Institu-

tion (The).

See Maschinisten Zeitung,

(several copies.) Sketch (The).

Statistica de Exportazione.

Narodine Noving, 20 No- Stocks Samples.

vember, 1900. Neurasthenia & Neuralgia. Notes by the War, (several

copies.)

Penny Illustrated Paper. People (The) 23 Septem-

ber, 1900. People's Friend, (several

copies.) People's Journal.

Strange Voyage (A). Suffolk Chronicle & Mer- cury, 14 November, 1900.

Ultramar (0). Uppfyllens Med-Anden.

Vasárnapi Ujeaos.

Weekly Scotsman, 24 No-

vember, 1900. Welcome, (2 copies.)

Advertisements.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

Alexander Young & Co., (2

copies.),

Arbroath Guide (The) 17

　　　November, 1900. Armour's-Star Brand. Australasian Travellers' Ga-

zette.

Bahadur.

Bangkok Times (The) (sev:

　　　eral copies.) Baptist (The) 22 Novem-

ber, 1900.

Bath Oliver Biscuits. Black & White, (2 copies.) Blue Jacket. Bollettino di Notizie Com-

French, German and American Mails, 31st December, 1900.

merciali, (2 copies.) British Medical Journal,

　　　December, 1900. Bücher, (several copies.) Buffalo Illustrated Express,

17 November, 1900.

Carit Etlar. Catalogues of Civil Service Supply Association, (3 copies.)

　　Catalogue of Modern Books. Chatham & Rochester News,

24 November. 1900. Chemist & Druggist (The)

(2 copies.) Chinese Newspaper, (2 co-

pies.)

Contract Record, 14 Novem-

ber, 1900.. Corriere Della Sera, (sev-

eral copies.)

Der Riechebote, (several

copies.) Dunoon Observer & Argyll- shire Standard, 24 Nov- ember, 1900.

Edison Records. Engineer (The) 23 Novem-

ber, 1900. Evangelist (The) 15 Nov-

ember, 1900. Evening Chronicle (The) 5

October, 1900. Evening Citizen (The). Export Preisliste.

Eyre & Spotteswoode's.

Family Herald, (several co-

pies.)

Flesh is Weak (The) Freie Presse, (several co-

pies.)

French Weekly, 17 Novem-

ber, 1900.

Gazetta Degli Ospedali, 8

November, 1900. Gazette de Liège, (several

copies.)

་

German Papers. Glasgow Weekly Herald,

(several copies.)

Glasgow Weekly Mail, 24

November, 1900. Golden Penny (The) 24

November, 1900. Grantham Journal (The) 17

November, 1900. Graphic (The), (Christmas

number). Greenock Telegraph &Clyde Shipping Gazette, 19 Nov- ember, 1900.

La Meuse. La Tierra de Mexico, Nov-

ember, 1900. La Tribuna, (several copies.) L'Eco di Bergamo, 22 Nov-

ember, 1900. Le Petit Marseillais, (2 co-

pies.)

L'Estafette, 22 Nov., 1900. Library of Famous Litera-

ture, (The). Life of Faith, 21 Nov., 1900.

Heil Petrus Claver, 1 Nov- Liverpool Echo (The) 28

ember, 1900. Hull News, 17 Nov., 1900. Huntly Express (The) 23

November, 1900.

Il Giornale del Soldato, 18

November, 1900. Illustrated London News,

(Christmas number.) Illustrated Price List. Irish Catholic (The) 24

November, 1900.

Japan Daily Mail (The) 17

& 18 December, 1900. Journal de Liège, 28 Nov-

ember, 1900. Journal de St. Petersbourg,

25 November, 1900. Journal Officiel, 29 Novem-

Kleine Africa Beblirithek,

15 November, 1900.

November, 1900. Liverpool Weekly Mercury,

(2 copies.) Liverpool Weekly Post, 24

November, 1900. Lloyd's Weekly Newspaper,

(several copies.) L'Osservatore

(several copies.)

Market Report.

Triestino,

Our Almanac, 1901.

People (The) (several co-

pies.)

Persian Papers (several co

pies.) Petroleum.

Publications & Remanders. Presbyterian Church Dur- ing the Nineteenth Century.

Royal Engineers' Journal,

1 December, 1900.

Scripture Union (The) Semaine Religieuse, 2 Dec-

ember, 1900. Sketchy Bits. Spectator (The) 10 Novem-

ber, 1900.

Strand Magazine (The) (6

copies.).

Strange Marriage Customs.

(several copies.)

Mechanical World, 30 Nov- Sydney Morning

ember, 1900. Motto Per Ridere.

New & Forthcoming Works. Newcastle Weekly Chro-

nicle, 17 November, 1900. New York Herald, (several

copies.) Northampton Herald, 1

December, 1900. Nursery Calender (The)

1901.

Herald

(The) 6 December, 1900. Syren & Shipping Illus-

trated, 21 Nov., 1900.

Tit Bits, 1 December, 1900.

Weekly Scotsman. Weekly Times (The) 10,

November, 1900. Western Daily Mercury, 12.

November, 1900. World (The) 17 Nov., 1900.

Aankondiger Van Boon, 2

December, 1900.

Bath Chronicle (The) (2

　　　copies.) Bedfortshire Times & Inde. pendent, 30 Nov., 1900. Beeren-Weine.

Blane Kreus.

Boletin Official.

British Medical Journal, 8

December, 1900. British Trade Journal.

Calloway Gazette (The) 1

　　　December, 1900. Catholic Magazine (A) Dec-

ember, 1900.

Chocolat Maestram. Christmas Catalogue. Consolaire

Verslagew-en Berichten, 6 Dec., 1900. Corriere Della Sera, (sever-

al copies.) Courrier de Bruxelles, 6

December, 1900.

Dagens Losen, (2 copies.) Daily Mail, 3 Dec., 1900. Daily Report, 20 Dec., 1900. Dunfrewshire Press (The)

(several copies.)

Ecole Apostolique de Turn-

hout.

English

Electrical Review, 7 Dec-

ember, 1900. English

Foreign News- papers, (several copies.) Export Catalogue.

Folha (A) (several copies.) Futuro (0) (2 copies.)

German Papers. Glasgow Week Mail, (2

copies.). Greenock

Telegraph, December, 1900.

Guerin Meschino.

Mail, 4th January, 1901. La Cronique, (several co-

pies.) La Dépéche.

La Gazette, (several copies.) La Revue Generale, (2 La Tribuna de Geneve, 30

Copies.)

November, 1900

La Tribuna Illustrata della Domenica, 2 December, 1900.

4 L'Avenir Du Pucy-de-

Donée, 7 Dec., 1900. La Vigie de Dieppe, 4 Dec-

ember, 1900.

Home Companion, (several Le Moniteur des Employés.

copies.)

Illustrated Catalogue, (No.

3.)

Illustrated Catalogue, (No.

7.)

Illustrated Catalogue of

Machine Tools. Illustrated Mail, 8 Decem-

ber, 1900.

Il Gazettino (several co-

pies.)

Javol.

Journal Officiel. Journal de St. Petersbourg,

(several copics.)

La Croix, 9 Dec., 1900.

Le Journal de la Chambre

de Commerce. Le Patriote, (several copies) Le Petit Bleu, 5 Decem-

ber, 1900.

Le Soir, (several copies.) Le Messager de Jesus, (2

copies.)

L'étoile Belge, (several co-

pies.)

Le Tour du Monde, 8 Dec-

ember, 1900.

Les Grandes Usines. List of some of the Candi-

dates.

Lloyd's Weekly Newspaper,

(several copies.) London & China Express (The) 7 December, 1900.

Romano,

L'Osservatore

(several copics.) L'Illustration Europienne.

Man of Mark (A).

M. A. P., 24 Nov., 1900. Missions Belges, December,

1900. Military

Musical Instru- (several

ment Makers,

copies.)

Mittheihengen, 30 Novem-

ber, 1900.

Overland Mail (The) 7

December, 1900.

Pearson's Weekly, 15 Dec-

ember, 1900.

People (The) 2 Dec., 1900. People's Friend. Persian Papers. Photo Revue.. Punch.

Raukine's

Patent Feed

Water Filters.

Mondo Umoristico, 25 Nov- Scottish

ember, 1900.

Moniteur Officiel du Com-

merce, 29 Nov., 1900. Morning Post (The) (sev-

eral copies.) Motto Ridere.

Referene (The)

26 November, 1900, Sketch (The)

Strange Marriage Customs,

(several copies.) Switches.

Morning Post, 7 Dec., 1900. Telegraaf (De) 5 Dec., 1900. Tit Bits. 8 December, 1900. Tread of Life (The) Today, 22 November, 1900.

Truth, 6 December, 1900. Tujarati (The) 16 Decem--

Naval & Military Record,

29 Nov., 1900. Navy & Army.

Neurolegie Journal, 15 Nov-

ember, 1900. News of the World (The)

2 December, 1900. Notices to Mariners, (sev-

cral copies.)

Our Angel Sister.

ber, 1900. Ultramar (0) 7 Dec., 1900.

Weekly Free Press (The)

1 December, 1900. Western Weekly News. 1

December, 1900.

La Rassegna Nazionale.

Books without Address.

Nomenclature of Diseases (The) 6 books.

General Post Office, Hongkong, 19th January, 1901.

Man that corrupted Hadleyburg, E.C.-By Mark Twain. University of Durham College of Medicine.

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

憲示第=十一號輔政使司

曉諭開投官地事現奉

督憲札開定於西歴本年正月二十八日卽禮拜一日下午三點鐘在工務司署開投官地一段以七十五年爲管業之期期滿可管業七十五年惟須遵照工務司再定之地稅銀輸納等因奉此合亟出示曉諭爲此特示

該地一段其形勢開列於左

此號册錄鰂魚涌內地段第七號坐落鰂魚涌該地四至北邊二百六十一尺又二百八十三尺又七十四尺南邊四百五十尺東邊一千二百二十尺又一百三十三尺又一百六十尺又三百七十尺叉七十八尺西邊一百六十三尺又四百三十七尺又四百二十尺又七十八尺共計三十八萬六千六百五十方尺每年地稅銀一千七百七十六圓股價以二萬三千一百九十九圓爲底

計開章程列左

一投地之價由限底銀數加上以價高者得倘二三人或多人同價互相爭論則在各投價内擇一價爲底再投

二各人出價投地每次增價至少以二十圓爲額

三投得該地之人自槌落之後卽遵例簽名於合同之下由投得之日起限三日內須將全價在庫務司署呈繳

四投得該地之人由投得之日起限三日内須在田土廳繳銀三十七圓以備工務司飭匠用石塊刻好註册錄號數安立該地每角以指明四至等費

五投得該地段之人於印契時例應將公費銀十五圓呈繳田土廳六投得該地段之人由投得之日起計限以四十八個月內須用堅固材

料及美善之法建屋宇一間或多間在該地内以合居住該屋以石或磚及灰坭築墻用玩蓋面或用工務司批准樣之物料而造須必牢實可經久遠其餘各欸須按照各建築屋宇及潔淨隨時在本港頒行則例章程建造此等增善工程估值至少以五萬圓爲度

七投得該地之人須於西歴本年六月廿四日將其一年應納稅月數分納庫務司自後每年須分兩季淸納卽於西歴十二月廿五日先納一半其餘一半限至西歷六月四日完納至七十五年止

八极得該地之人俟將所有一切章程辦安合工務司之意始准領該地官契由投得之日起準其管業七十五年照上地形勢所定稅每年分兩季完納卽於西歷六月廿四日納一半西歷十二月廿五日納一半並將香港内地民官契章程印於契內

九投得該地段之人倘有錯誤未遵章程即將其呈繳之地價出一份或全數入官或可勒令其遵章程辦理或隨時隨處不論用何方法再將該地開投倘再開投所得價值較前投之償若有贏隊全行入官如短絀及一切費用概令違背章程之人補足或將該地歸官作爲未經出投而仍將投得該地人之全價入庫日後再將該地出投倘有短織及一切費用概令前投得該地人補足

十投得該地之人由投得之日起將該地段歸其管業業主立合同式

投賣號數

立合同人某某于某年某月某日楼得某處地以應遵照上列伇賣華程卽作爲該地業主領取官契爲憑

此號册錄鰂魚涌內地段第七號每年地稅銀一千七百七十六圓一千九百零一年

十七日示

THE HONGKONG GOVERNMENT GAZETTE,19TH JANUARY,1901.

憲示第三十四號輔政使司

曉論事照得現奉

憲示第二第二十

輔政使司駱

九

號

五

谜

為

招人充當傳話事照得現奉

督, 札開潔凈衙門幫辦傳話一缺正在需人該缺專司通傳言語之職倘有精通英中兩國語言能以互相轉譯操詞敏捷願意充當此缺者可將本人年歲及證明品行端方身體强壯各書面一并呈遞到小政司衙門察閱限至本月二十五日禮拜五H正午止截該缺辛俸每年議給洋銀弌百陸拾肆圓遞年加增十二圓至四百零八圓爲止等因奉此合行出示衆週知特示

政伋駱

曉諭事奉督熱札開招人投接在干諾道南便及在船政廳署前之地處築新上環街市地脚合約内訂製禮拜日不准做工所有投票均在木署收截限期收至西歴本年正月二十八日禮拜一日正午止如欲領投票格式觀看章程及知詳細者前赴工務署請示可世各票價低昂任由

一千九百零一年

正

月

十六出示

國家棄取或總棄不取亦可等因奉此合殛出示曉諭爲此特示一千九百零一年

正月

十七日示

督憲札開各營官定期在下開各處地方操演炮位於本月十一十三十五三十一等日其炮口在鯉魚門則向東北方及正東方東南方開於本月二十八三十等日其炮口在北角則向正北方及東北方開放凡各船戶人等切勿駛近炮碼所經之處导因奉此台殛出示曉諭俾衆週知毌違特示

一千九百一年

正月

十六日示

理

憲示第六輔政使司騤堯論事現

督憲札將官地一段出楼地傈錄九龍內地段第一千一百一十七號坐落九龍望角嘴定於西歴本年正月二十一日郎禮拜一下午三點鐘在工務司檗當衆間投如欲知投賣章程詳細者可將西歷本年憲第四篇閱看可也因奉此合出示曉諭爲此示一千九百零一年

正月

初五日示

THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY,1901:

現有要信數封由外埠附到存貯

保家信,一封交保安行收入

郵政總局如有此人可卽到本局領取兹將原名列左

保家信一封交兆升收入

保家信一封交朱堅收入保冢信一封交吳長賢收入保信一封交裕興陳云石收入

保家信一封交廣昇利收入保家信封交松根收入保家信一封交楊經生收入

保家信一封交鄭水收入

保家信一封交張興收入保家信一封交張林收入保密信一封交王迪收入

保家信一封交尖沙咀新六間未學明收人

保家信一封交和安疋頭店收入保家信一批交吳炳南收入

近有由外埠附囘吉信數封無人到取現由外附回香港

郵政總局如有此人可卽到本局領取兹將原名號列左

保家信一封交同盛收人保家信一封交鄭湄洲收入保冢信一封交容天煬收入保家信封交陳鳳誥收瑞家信一封交唐云山收入保家信一封交勞經慢收入保安信一:交保安號収入保家信封交黃華德收入保家信一时交程腎集蚊

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THE HONGKONG GOVERNMENT GAZETTE, 19TH JANUARY, 1901.

In the Matter of ORDINANCE NO.

2 OF 1892,

and

In the Matter of The Petition of

AUGUST PHILIP BJERREGAARD

THE TRADE MARKS ORDINANCE, 1898.

Application for Registration of Trade Marks.

of 12. St. Andrew's i'lace, Brook NOTICE is hereby given that Messrs. HOTZ S'JACOB AND COMPANY have on the 26th day of September, 1900, applied for the registration in, Hongkong, in the Re- gister of Trade Marks, of the following Trade Marks:-

lyn, New York, Chemist, for Letters Patent for the exclusive use within the Colony of Hong- kong of an Invention for an im- proved Frocess for the manufac- ture of Varmish.

OTICE is hereby given that the l'etition, Declaration and Specification required by Ordinance No. 2 of 1892. have been duly filed in the Office of the Colonial Secretary of Hongkong, and that it is the intention of the said AUGUST PHILIP BJERREGAARD by DENNYS & BOWLEY, his duly authorized agents, to apply at the sitting of the Executive Council hereinafter mentioned for Letters Pa- tent for the exclusive use within the said Colony of Hongkong of the above named Invention.

　　　And Notice is hereby also given that a sitting of the Executive Council before whom the matter of the said Petition will come for decision will be held in the Council Chamber, at the Government Offices, Victoria, Hong- kong, on Wednesday, the 30th day of January, 1901, at 11 am.

Dated this 18th day of January, 1901.

DENNYS & BOWLEY, Solicitors for the Applicant.

CANTON ELECTRIC LIGHTING AND FIRE EXTINGUISHING COMPANY, LIMITED.

T an EXTRAORDINARY GENERAL MEET-

AT ING of the above named (ompany duly

　　convened and held at the Company's Office, No. 9, Praya Central, on the 9th day of May, 1900, the subjoined Special Resolution was duly passed, and at a subsequent Extraordinary General Meeting of the said company also duly convened and held at the same place on the 26th day of May, 1900, the same resolution was duly confirmed, viz. :-

That the Company be wound up volun- tarily and that LI YUK TONG, of Victoria, Hongkong, one of the Ma- nagers of the Company, bend is hereby appointed Liquidator for the purpose of such winding up."

LI YUK TONG, Managers. LIAO FUNG SHŮ,j

THE TRADE MARKS ORDINANCE, 1898.

Application for Registration of Trade Mark.

OTICE is hereby given that ROBERT HENRY NEVILL JOHNSON, has on the 14th day of November, 1900, applied for the registration. in ongkong, in the Register of Trade Marks, of the following Trade Mark the word "Therapion in the name of the said ROBERT HENRY NEVILL JOHNSON, who claims to be the proprietor thereof.

　　　The Trade Mark has been used by the Applicant for about 40 years in respect of the following Goods in Class Three; a Medicine.

A facsimile of the Trade Mark can be seen at the Office of the Colonial Secretary of Hongkong.

Dated the 17th day of January, 1901.

DENNYS & BOWLEY, Solicitors for the Applicant.

NOTICE.

UR Senior, Mr. H. CAESAR ERDMANN, retired from our Firm on the 31st December, 1900, but will remain a dormant Partner until further notice.

Mr. MARTIN EDUARD FERDINAND MARCH, Mr. ADOLF CARL SCHOMBURG, Mr. WILHELM WIEDERHOLD,

Mr. EDUARD MORITZ HANS SCHUBART, have to-day been admitted Partners.

　　　　　　　　　　　　　CARLOWITZ & Co. Hongkong, Hamburg, & China, 1st January, 1901.

1. A Persian Soldier in National Uniform holding a rifle with the left hand and resting it on the shoulder; the right hand is closed to a fist on the leather belt, with a sword being on it on the left. There is a Persian lion on the closure of the belt and also one on the soldier's c.p.

2. The figure of a Chinese dancing on the rocks in mid ocean with his right hand stretched out holding a Chinese Coin.

3. A Room having a yellow curtain on its left. In the room are two Chinese women sitting beside a table on a mat. On the table are books, a small pot and a lighted candle. One of the women is pointing out to her com- panion a passage in the book which the other is listening to.

4. The figure of a Chinaman holding a

THE WEST POINT BUILDING COMPANY, LIMITED.

No Urinary Meeting of Shareholders in

OTICE is hereby given that the Twelfth

By Order of the Board of Directors,

A. SHELTON HOOPER, Secretary to the Hongkong Land Investment and Agency Company, Limited,

General Agents for

The West Point Building Company, Limited.

Hongkong, 4th January, 1901.

THE HONGKONG LAND INVESTMENT AND AGENCY COMPANY, LIMITED.

staff with his left hand and directing No

a Chinese woman standing next to him. The woman holds a fan with her left hand and is listening to the man. The pair are standing close to a house facing a hilly landscape with a stork flying above their heads.

5. The figure of a Chinaman sitting on a His rock with his feet in the water. right hand is stretched out pointing to a woman kneeling beside him as if supplicating him a waterspout with all sorts of fishes, shells, &c.

6. The figures of Chinese Ancient War- riors on a field practising bow and arrow, with an Umpire watching them.

7. The figure of a Chinese Woman sitting upon a dragon in the midst of clouds playing a flute.

8. A Rose with a Butterfly perched upon

it sucking its juice.

9. A richly ornamented Vase in which a bunch of flowers protrude; beside the vase is a bowl with three fruits. 10. Nine Chinese Lady Musicians sitting under a tree. There is a table at the foot of the tree. A woman is sitting by the table with two women stand- ing behind her. A woman is sitting on a stool holding a fan. Five of the women are on the left side of the tree. One of them has a musical instrument on her lap while two sit opposite her and two are behind her.

11. A Chinese Woman in a boat dressing her hair with a baby standing by her holding what appears to be a butter- fly fastened to a thread. In the bot there is one oar, a bamboo with a coat being dried, two vases and a basket. The boat appears to be stationed be- side a tree on the sea.

12. A tree with a monkey perched on it stretching out her hand to pick ber- ries. A horse is fastened to the tree. 13. Two flower boats floating on the sea

with Chinese families in them. woman in one of the boats is looking out of the window towards another boat with a warrior carrying a little child. The boats appear to be drift- ing on the sea.

14. A woman standing beside a tree on the bank of a river. A Chinam n is hold- ing a horse by the bridge in the act of making a proposal to the woman. 15. A Chinese nobleman in the act of ri- ding a horse with the assistance of his groom;

in the name of Horz S'JACOB AND COMPANY, who claim to be the sole proprietors thereof.

The Trade Marks are intended to be used by the applicants in the respect of Cotton Piece Goods of all kinds in Class 24.

Facsimiles of the Trade Marks can be seen at the Office of the colonial Secretary of Hong- kong and also at the Office of the undersigned.

Dated the 12th day of November, 1900.

WILKINSON & GRIST, Solicitors for the Applicants, 70, Queen's Road, Hongkong.

OTICE is hereby given that the Thir- teenth Ordinary Meeting of Share- holders in this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 24th January, 1901. at 12 o'clock noon, for the purpose of receiving the Report of the Directors together with Statement of Accounts for the year ending 31st December, 1900.

The Register of Shares of the Company will be closed from Tuesday, the 15th January, to Thursday. the 24th January, (both days inclu- sive), during which period no transfer of Shares can be registered.

By Order of the Board of Directors,

A. SHELTON HOOPER,

Secretary,

Hongkong, 4th January, 1901.

NOW READY.

A NEW AND REVISED EDITION

"THE LAWS OF STORMS IN THE EASTERN SEAS "

INVESTIGATED BY

W. DOBERCK,

Director of the Hongkong Observatory.

(In pamphlet form, 39 pp. Royal 8vo.)

PRICE: 50 CENTS EACH COPY.

Loose Copies of

• METEOROLOGICAL SIGNALS,"

10 Cents each.

NORONHA & Co., Printers and Publishers.

Hongkong, June, 1898.

THE

HONGKONG GOVERNMENT GAZETTE.'

SUBSCRIPTION:

Per annum, (payable in alvance),.. .$15.00 Half year.

9.00 Three months,

(do.), (do.),

Terms of Advertising:

For lines and under, Each additional line.

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for 1st insertion.

$1.00

In Chinese -for 25 cha-

racters and under, Each additional character. 4c.

Repetitions....... alf price.

Unless otherwise or lered, all advertisements will be repeate i unti! countermanded.

Advertisements intended forinsertion should be sent in not later than 10 A.M, on Saturday.

Printed and Published by Noronha & Co., Printers to the Hongkong Government.

DIE

ETIMON

DROITY

THE HONGKONG

Government Gazette

EXTRAORDINARY.

報特 Pg 轅港香

Published by Authority.

VICTORIA, MONDAY, 21ST JANUARY, 1901.

No. 5.

VOL. XLVII.

號五第日二初月二十年子庚

日一十二月正年一百九千一

簿七十四第

GOVERNMENT NOTIFICATION.--No. 37.

The following Regulations made by His Excellency the Governor in Council on the 28th

December, 1900, to come into force on the 1st February, 1901, are published.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

Colonial Secretary's Office, Hongkong, 21st January, 1901.

REGULATIONS

With reference to the engagement and discharge of the Masters and Engineers of Steam-ships under sixty tons burden, made

by the Governor in Council, ünder the Merchant

Shipping Consolidation Ordinance, 1891,

this 28th day of December, 1900.

　　1. In these Regulations the word "launch means a steam-ship under sixty tons burden in this Colony.

2. Every launch owner shall report to the Harbour Master the name of, and number of the certificate held by, every launch Master and Engineer engaged by him, within 48 hours of such engagement.

3. Every launch owner shall report to the Harbour Master the name of, and number of the certificate held by, every launch Master and Engineer discharged by him, giving the reason for such discharge, within 48 hours of such discharge.

4. Every launch Master and Engineer, holding a certificate, shall, on engagement, produce such certificate to the Harbour Master for registration, and shall pay for such registration a fee of fifty cents for the use of the Government.

5. Every launch Master and Engineer shall, on discharge, report such discharge to the Harbour Master within 48 hours of such discharge, producing his certificate.

6. A record shall be kept in the Harbour Master's Office, setting forth the dates of each engage- inent and discharge of each certificated launch Master and Engineer, the reason for his discharge, and all complaints and charges against him, and any punishments awarded in respect thereof by the Marine or other Magistrate, or by the Harbour Master. Such record shall be open to inspection by launch owners or their representatives.

7. These Regulations shall not apply to launches belonging to Her Majesty or in the service of any Foreign Government.

8. Any launch owner, Master, or Engineer, respectively, committing any breach of these Regu- lations shall, for each such breach, be liable, upon summary conviction before a Magistrate, to a penalty not exceeding twenty-five dollars.

COUNCIL CHAMBER, HONGKONG.

R. F. JOHNSTON, Acting Clerk of Councils.

THE HONGKONG GOVGAZETTE EXTRAORDINARY, 21sT JAN., 1901.

GOVERNMENT NOTIFICATION.-No. 38.

His Excellency the Governor has been pleased to appoint Captain C. G. PRITCHARD, R.G.A., to perform the duties of Adjutant to the Hongkong Volunteer Corps from the 1st instant until the end of March, 1901.

By Command,

Colonial Secretary's Office, Hongkong, 21st January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.- No.39.

There is a vacancy in the Harbour Department for a Clerk.

Salary,........... ·$600 per annum rising by yearly increments of $60 to $780.

....

Qualifications,......... Good knowledge of English, quick at figures and good handwriting. Applications with the usual certificates to be sent to the Acting Harbour Master not later than Noon, on Wednesday, the 24th instant.

By Command,

Colonial Secretary's Office, Hongkong, 21st January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 40.

With reference to Government Notification No. 698 of 1900, separate tenders for the supply of the Articles therein mentioned, will be received at this Office until Noon of Monday, 28th January,

1901.

No tender will be received, unless the person tendering produces a receipt to the effect that he has deposited in the Colonial Treasury the sum of $400 as a pledge of the bona fides of his offer, which sum shall be forfeited to the Crown if such person refuses to carry out his tender.

For form of tender apply at this Office.

For any other information apply at the Office of the Superintendent, Victoria Gaol.

By Command,

Colonial Secretary's Offic". Honkong, 21st January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

雏

曉諭事照得現奉

輔政使司駱

憲示第四十號

赴監獄司署請示可也等因奉此合出格式可赴本署求給如欲男知詳細者前承辦則將其貯庫作按銀入官至於投票單呈驗方准落票倘該票批准其人不肯票之人必要有財庫作按銀四百圓之收正月二十八日卽禮拜一日正午止凡投投票均在本署收截限期收至西歴本年六百九十八號憲示内所開列各品物其

督憲材,開招人分投供辦-千九百年第

示的爲此特示

一千九百零一年正月二十一日示

爲

Printed and Published by NoroNHA & Co., Printers to the Hongkong Government, Nos. 47 and 49, Des Voeux Road.

DIE

SOIT

NET

QUI MAL

MON

DROIT.

THE HONGKONG

Government Gazette

EXTRAORDINARY.

報特門轅港香

ཎྞཱ་

No. 6.

Published by Authority.

VOL. XLVII.

VICTORIA,WEDNESDAY, 23RD JANUARY, 1901.

號六第日四初月二十年子庚日三十二月正年一零百九千一簿七十四第

GOVERNMENT NOTIFICATION.- No. 41.

With deepest grief the Governor has to announce that Her Majesty the QUEEN passed away

at Six Thirty p.m. on the 22nd instant. His Excellency requests that the inhabitants of the

Colony will wear mourning for a time to be specified in a future Gazette.

By Command,

Colonial Secretary's Office, Hongkong, 23rd January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary,

大英國

憲示第四十一號

輔政使司駱

驚悉

督憲札開於本日得接電音曉諭事照得現奉

報告咸使聞知本港居民理民逖聽之餘定同哀感特先升遐本部堂不勝悲悼凡宇下臣

大皇帝於本月二十二日酉時遽爾

當立卽遵守

國制至於所有一切禮節隨後曉論等因奉此合行出示諭知

切切特示

正月

一千九百零一年

二十三日示

爲

Printed and Published by NoRONHA & CO., Printers to the Hongkong Government, Nos. 47 and 49, Des Voeux Road.

SOIT

QUI MAL

DROIT.

DIE

THE HONGKONG

Government Gazette.

報

ניין

轅港香

Published by Authority.

No. 7.

虓七第

VICTORIA, SATURDAY, 26TH JANUARY, 1901.

日七五月二十年子庚日六十二月正年一零九千一

VOL. XLVII.

LEGISLATIVE COUNCIL, No. 23.

MONDAY, 17TH DECEMBER, 1900.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sie HENRY ARTHUR BLAKE, G.C.M.G.).

The Honourable the Colonial Secretary, (James Haldane STEWART LOCKHART,

the Attorney General, (WILLiam Meigh GOODMAN, Q.C.).

};

the Colonial Treasurer, (ALEXANDER MACDONALDY THOMSON).

the Director of Public Works, (ROBERT DALY ORMSBY).

簿七十四茶

C.M.G. ).

the Captain Serintendent of Police, (FRANCIS HENRY MAY, C.M.G.). BASIL TAYLOR, (Acting Harbour Master).

CATCHICK PAUL CHATER, C.M.G.

Io RẦI, M.B., ('..

JAMES JOHNstone Keswick.

WEI YUK.

JOHN THURBURN.

ABSENT:

His Excellency Major-General WILLIAM JULIUS GASCOIGNE, C.M.G., General Officer Commanding. The Honourable RODERICK MACKENZIE GRAY.

The Council met pursuant to adjournment.

The Minutes of the last Meeting, held on the 10th December, 1900, were read and confirmed. FINANCIAL MINUTE.-The Colonial. Secretary, by command of His Excelleney the Governor, laid on the table the following Financial Minute, (No. 70), and moved that it be referred to the Finance Committee:-

C.S.O.

HENRY A. BLAKE.

501 of 1900.

The Governor recoinmends the Council to vote a sum of Six thousand Nine hundred and Fifty-four Dollars and Forty Cents ($6,954.40) to cover the cost of the erection of a Signal Station at Green Island.

Government House, Hongkong, 7th December, 1900.

The Colonial Treasurer seconded.

Question-put and agreed to.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

　　　REPORT OF THE FINANCE COMMITTEE.-The Colonial Secretary, by command of His Excel- lency the Governor, laid on the table the Report of the Finance Committee dated the 10th December, 1900, (No. 19), and moved its adoption.

The Colonial Treasurer seconded.

Question-put and agreed to.

　　　POLICE FORCE CONSOLIDATION BILL.-The Attorney General moved the second reading of the Bill entitled An Ordinance to consolidate and amend the Law for the establishment and regulation of the Police Force of the Colony, and addressed the Council.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Ato ney General moved the third reading of the Bill.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Question put-that this Bill do pass.

Bill passed.

　　　BANKRUPTCY AMENDMENT BILL.-The Attorney General moved that the second reading of the Bill entitled An Ordinance to further amend the Bankruptcy Ordinance, 1891, be postponed.

The Colonial Secretary seconded.

Question-put and agreed to.

　　　CHAN PING HUNG NATURALIZATION BILL-The Attorney General moved the second reading of the Bill entitled An Ordinance for the Naturalization of CHAN PING HUNG alias CHAN SHEK SHAN.

The Colonial Secretary secondedl.

Question-put and agreed to.

Bill read a second time.

Counel in Committee on the Bill.

Council resumed, an 1 Bill reported without amendment.

The Attorney General moved the third reading of the Bill.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a third time.

Questi

put--that this Bill do pass.

Bill passed.

　　　ARMS AND AMMUNITION AMENDMENT BILL.--The Attorney General moved the second reading of the Bill entitled An Ordinance to amend the Arms and Ammunition Ordinance, 1900, and addressed the Council.

The Colonial Secretary seconded.

Question-put and agreed to.

Bill read a second time.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment,

The Attorney General moved the third reading of the Bill.

The Colonial Secretary seconded.

Question--put and agreed to.

Bill read a third time.

Question put--that this Bill do pass.

Bill passed.

STATUTE LAWS (REVISED EDITION) BILL-The Attorney General moved the second reading of the Bill entitled An Ordinance to make provision for the Preparation and Publication of a New and Revised Edition of the Statute Laws of the Colony, and addressed the Council.

The Colonial Secretary addressed the Council and seconded.

Question-put and agreed to,

Bill read a second time.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved the third reading of the Bill.

The Colonial Secretary s conded.

Question-put and agreed to. Bill read a third time.

Question put-that this Bill do

pass.

Bill passed.

ADJOURNMENT.--The Council then adjourned sine die.

Read and confirmed, this 24th day of January, 1901.

R. F. JOHNSTON,

Acting Clerk of Councils.

HENRY A. BLAKE, Governor.

GOVERNMENT NOTIFICATION. -No. 42.

　　It is notified that Her Majesty has not been advised to exercise her power of disallowance with respect to the following Ordinances :-

Ordinance No. 24 of 1900, enti:led-An Ordinance to consolidate and amend the Laws

relating to the Post Office.

Ordinance No. 25 of 1900, entitled-An Ordinance to provide more effectual means to ensure the observance by those in charge of certain steam launches, of reasonable precautions against piracy and robbery.

Ordinance No. 27 of 1900, entitled--An Ordinane to further amend the Raw Opium Ordi-

nance, 187.

Ordinance No. 29 of 1900, entitled-An Ordinance to apply a sum not exceeding Three milion Three hundred and Eighty thousand One hundred and Thirty-four Do'lars and Twenty-nine Cents to the Public Service of the Year 1901.

Ordinance No. 30 of 1900, entitled--An Ordinance to extend the operation of such of the Laws of this Colony as are not at present in force in the New Territories to a certain portion of such New Territories.

By Command,

Colonial Secretary's Office, Hongkong, 22nd January, 1901.

J. H. STEWART LOCKHART,

Colonial Decretary.

GOVERNMENT NOTIFICATION.-No. 43.

Notice is hereby given that THE EAST ASIATIC TRADING COMPANY, of Hongkong, have complied with the requirements of Ordinance 18 of 1898, for the registration in this Colony of their Marks No. 110 as applied to Aniline Dyes, Needles, Pins, and in respect of Tinware, Lamps, all lamp parts including Lamp Basins, Burners, Chimneys, Shades, Wicks, Cotton Piece Goods of all kinds including Handkerchiefs and Towels, Braids, Cotton Gold and Silver Threads, Linen and Hemp Piece Goods including Handkerchiefs and Towels, Socks and Singlets, India Rubber Goods, Confectionaries, and Candles; and that the same have been duly registered.

By Command,

Colonial Secretary's Office, Hongkong, 23rd January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

Council in Committee on the Bill.

Council resumed, and Bill reported without amendment.

The Attorney General moved the third reading of the Bill.

The Colonial Secretary s conded.

Question-put and agreed to. Bill read a third time.

Question put-that this Bill do

pass.

Bill passed.

ADJOURNMENT.--The Council then adjourned sine die.

Read and confirmed, this 24th day of January, 1901.

R. F. JOHNSTON,

Acting Clerk of Councils.

HENRY A. BLAKE, Governor.

GOVERNMENT NOTIFICATION. -No. 42.

　　It is notified that Her Majesty has not been advised to exercise her power of disallowance with respect to the following Ordinances :-

Ordinance No. 24 of 1900, enti:led-An Ordinance to consolidate and amend the Laws

relating to the Post Office.

Ordinance No. 27 of 1900, entitled--An Ordinane to further amend the Raw Opium Ordi-

nance, 187.

By Command,

Colonial Secretary's Office, Hongkong, 22nd January, 1901.

J. H. STEWART LOCKHART,

Colonial Decretary.

GOVERNMENT NOTIFICATION.-No. 43.

By Command,

Colonial Secretary's Office, Hongkong, 23rd January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 44.

His Excellency the Governor has been pleased to recognize WILLIAM F. ALDRICH, Esquire, United States Vice-Consul and Deputy Consul General, as in charge of the Consulate General for the United States of America at Hongkong, during the absence on leave of RoUNSEVELLE WILDMAN, Esquire, Consul General.

By Command,

Colonial Secretary's Office, Hongkong, 26th January, 1901.

J. H. STEWART LOCKHART, Colonial secretary.

GOVERNMENT NOTIFICATION.- No. 45.

His Excellency the Governor has been pleasel to grant to Lieut. . H. AFTKEN, Hongkong Volunteer Corps, leave of absence for twelve months com.nencing from the 31st instant.

By Command,

J. H. STEWART LOCKHART,

Colonial Secretary.

....

Colonial Secretary's Office, Hongkong, 26th January, 1901.

GOVERNMENT NOTIFICATION.-No. 46.

His Excellency the Governor has been pleased to grant to Lieut. R. MITCHELL. Hongkong Volunteer Corps, leave of absence for twelve months commencing from the 1st March, 1901.

ང་

By Command,

Colonial Secretary's Office, Hongkong, 26th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 47.

The following is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 24th January, 1901.

POSTAL NOTES.

1/ 1/6

.....

5/-

10/- 20/-

51 cents. 77 19

$ 2.55 .$ 5.10 $10.20

　　　2. The purchaser of any Postal Note must fill in the Payee's name before parting with it. may also fill in the name of the Office where payment is to be made. If this is not done the Note is payable (within three months) anywhere in the United Kingdom, or at Constantinople. Any Postal Note may be crossed to a Bank.

3. Postal Notes should always be forwarded in Registered Covers. If this precaution is not taken NO ENQUIRIES WHATEVER will be made as to the loss or alleged loss of any Note.

4. Postal Notes issued in the United Kingdom are NOT payable in Hongkong or China.

GENERAL POST OFFICE,

HONGKONG, 24th January, 1901.

GOVERNMENT NOTIFICATION.-No. 48.

The following Return of Books Registered is published.

Colonial Secretary's Office, Hongkong, 24th January, 1901.

By Command.

J. H. STEWART LOCKHART, Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

RETURN OF BOOKS REGISTERED UNDER SECTION 6 OF ORDINANCE 10 OF 1888, DURING THE QUARTER ENDED 31ST DECEMBER, 1900.

Title of Book.

Language in which it is

written.

Name of

Author,

Translator,

Place

Name or Firm

Number

Printing

Subject.

and

Place of

Editor.

Printer and Name or Firm of Publisher.

Date of

issue from

the Press.

Sheets,

Leaves,

Size.

Publication.

Pages.

First, Number Second, of or other Copies of Number which the of Edition Edition. consists.

Whether

Printed

ΟΙ

Litho-

graphed.

39. Hongkong Hansard.

English.

Members

Legislative Council of

Meetings

of the

Legislative

Hongkong.

Council.

Hongkong. Hongkong Daily 21st Nov.,

Press Office.

1900.

The Price

at which

the Book

is sold to the Public.

Pages

Royal

8vo.

Tenth

Annual

Issue.

Printed.

Name and Resi-* dence of the

Proprietor of the Copyright or any portion of such Copyright.

"Hongkong Daily Press,'

14,

Des Voeux Road,

Central.

Registrar General's Office, Hongkong, 11th January, 1901.

J. H. STEWART LOCKHART,

Registrar General.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 49.

　It is notified that the street in the City of Victoria, Hongkong, hitherto known as "Market Street " will in future be named "Po Hing Fong Street."

By Command,

Colonial Secretary's Office, Hongkong, 24th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 50.

The following Notice is published,

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 26th January, 1901.

NOTICE.

On and after this date Parcels will be accepted for transmission by Parcel Post to the undermen- tioned places viâ the United Kingdom.

The postage collected at this Office and its Agencies will be as follows:-

1 lb.

2 tbs. 3 tbs. 4 lbs. 5 lbs. 6 lbs. 7 lbs.

lbs. 9 lbs. 10 lbs. 11 tbs.

New Zealand,

......

Constantinople and Smyrna,

$ 0. $ c. $ c. $ 0. $ c. $ c.

0.85 0.85 0.85 1.70 1.70 1.70

0.85

British Central Africa,

1.35

1.35 1.35

(except, Abercorn, Fife, Kalungwici, Fort Jameson and {

Fort Young),

$ c. $ c. $ c.

1.70 2.50 2.50

0.85 0.85 1.10 1.40 1.40 1.40 2.00 2.00 2.00 2.00

2.20 2.20 2.20 2.20 3.00 3.00 3.00 3.00

1.00 1.90 2.80 3.70 4.60 5.50 6.40

$ c.

$ 0.

2.50 2.50

Caroline, Marian and Palaos Islands,

Marshall Islands,

Brazil,

1.85

2.10 2.10 2.10 2.70 2.70

1,86 1.85 2.40 2.40 2.40 2.40 3.00 3.00 3.00 3.00

2.70 2.70 3.25 3.25 3.25 3.25

2.70

2.70 Not exceeding 65 lbs.

E. CORNEWALL LEWIS,

Acting Postmaster General.

General Post Office, Hongkong, 25th January, 1901.

GOVERNMENT NOTIFICATION.-No. 51.

The following Notice is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 26th January, 1901.

NOTICE.

A Meeting of Her Majesty's Justices of the Peace will be held at the Magistracy, at 2.15 p.m. on Tuesday, the 5th day of February, 1901, for the purpose of considering the following appli-

cation:

From one WILLIAM GODWIN for a Publican's Licence to sell and retail intoxicating liquors on the premises situated at Houses Nos. 192 and 194, Queen's Road East, under the sign of The Eastern Hotel."

Magistracy, Hongkong, 22nd January, 1901.

F. A. HAZELAND, Acting Police Magistrate.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 52.

The following is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 24th January, 1901.

Government of China.

CHEFOO DISTRICT.

LOCAL NOTICE TO MARINERS,

No. 46.

Floating Danger.

　　　Notice is hereby given that Captain Auderson of the S.S. Fooksang reports, that, when his vessel was E. } N., two miles from the North East-Promontory, an iron lighter that he had in tow broke adrift and was at the time in the course of upward and downward bound vessels.

Approved :-

JAMES W. CARRALL,

CUSTOM HOUSE,

Commissioner of Customs.

Chefoo, 11th January, 1901.

J. H. MAY, Harbour Master.

FOOCHOW DISTRICT.

LOCAL NOTICE TO MARINERS, No. 79.

Sunken Rock in Min River, Struck by S.S. Hsin-fung: Marked by a Buoy.

Notice is hereby given that the above rock was marked, on the 4th instant, by a Red Spar Buoy. Approximate Position of Buoy :-

Rocky Point Beacon

N.E. E.

142

Kaului Head..........

Quarry Mingau

(TS.E. ¦ E. (上猴嶼) S.b.W.

H. A. MOINNES, Acting Harbour Master,

The Buoy is moored in 25 feet low water springs, 50 feet to the Eastward of the rock. Vessels are recommended not to pass closer than 80 feet to the Eastward of the Buoy.

Approved:

WALTER LAY,

Commissioner,

Custom House, Foochow, 7th January, 1901.

GOVERNMENT NOTIFICATION.-No. 53.

The following is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 24th January, 1901.

NOTICE TO MASTERS AND OWNERS OF SHIPS.

NEW INTERNATIONAL CODE OF SIGNALS.

　　　The attention of Owners and Masters is drawn to the publication of a new and greatly enlarged edition of the International Code of Signals. The present Code Flags F and L have been altered, and flags to represent the letters X, Z, and the vowels have been added. The new code has been approved by the principal maritime countries, and will come

into use on the 1st January, 1901.

Copies of the new code may be obtained, either directly or through any bookseller, from Messrs. Spottiswoode & Co., 54, Gracechurch Street, London, E.C., price 21s.

Superintendents and Consular and Colonial Officers are requested to distribute this notice as widely as possible.

Marine Department, Board of Trade, November, 1900.

WALTER J. HOWELL, Assistant Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARŸ, 1901.

GOVERNMENT NOTIFICATION.-No. 54.

The following Particulars and Conditions of Sale of Crown Land by Public Auction, to be held at the Offices of the Public Works Department, on Monday, the 11th day of February, 1901, at 3

p.m., are published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 22nd January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

Particulars and Conditions of the letting by Public Auction Sale, to be held on Monday, the 11th day of February, 1901, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor, of One Lot of Crown Land at Mong Kok Tsui, Kowloon, in the Colony of Hongkong, for a term of 75 years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of Her Majesty the QUEEN, for one further term of 75 years.

PARTICULARS OF THE LOT.

No.

Registry No.

LOCALITY.

Sale.

Kowloon Inland Lot No. 1,122.

Mong Kok Tsui,.

Boundary Measurements.

Contents in

Square ft.

Annual Upset Rent. Price.

feet. feet. feet. feet.

55'.6" 55'.6" 100' 100'

CONDITIONS OF SALE.

5,550 64 8,330

1. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lot shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

5. The Purchaser of the Lot shall pay to the Land Officer, on behalf of Her Majesty the QUEEN,

a Fee of $15 upon the execution of the Crown Lease thereof.

7. The Purchaser of the Lot shall pay into the Treasury a proportionate part of the annual rental specified in the particulars hereinbefore contained on the 24th day of June next, and thereafter shall pay such annual rental by equal half-yearly payments on the 25th day of December and the 24th day of June in each and every year during the term of 75 years hereinbefore mentioned.

8. When the conditions herein contained have been complied with to the satisfaction of the Iirector of Public Works, the l'urchaser of the Lot shall be entitled to, and shall execute, on demand, a Lease from the Crown of the Piece of Ground comprised in such Lot for 75 Years, to be computed from the day of sale, at such Annual Rental, payable half-yearly on the 24th day of June and the 25th day of December in every year, as is specified in the Particulars of such Lot herein before contained; and such Crown Lease shall be subject to, and contain, all Exceptions, Reservations, Covenants, Clauses, and Conditions inserted in the Crown Leases of Inland Lots in the Colony of Hongkong.

　　　9. Should the Purchaser neglect, or fail to comply with these Conditions, his Premium, or any portion thereof which may be paid, shall be thereupon forfeited to Her Majesty, who shall be at full liberty either to enforce the Sale, or to re-sell the Property at such time and place, and in such manner as to Her Majesty shall seem fit, and in case of a re-sale the increase, if any, of the Premium or Purchase Money shall be retained by Her Majesty, and the deficiency, if any, and all Costs and Expenses shall be made good by the defaulter and be recoverable as liquidated damages, or at the option and pleasure of Her Majesty to re-enter and resume the property as if no sale had ever taken place, in which case also the premium paid by the Purchaser shall be thereupon wholly forfeited to Her Majesty. But such re-entry shall not exonerate the present Purchaser upon a subsequent re-sale of the property to make good the deficiency, if any, upon such re-sale and all costs and expenses as ascertained to be recoverable as aforesaid.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

　　10. l'ossession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandum that

the person whose name is hereunder written has been declared the highest bidder for the Lot described in the foregoing Particulars of Sale an 1 hereun ler specified opposite to his said name and signature, and does hereby agree to beco ne the Lessee thereof under and subject to the fore- going Conditions of Sale, and on his part to perform and abide by the said Conditions.

No. of Sale.

Registry Number.

Annual Rental.

Amount of Pre- mium at which Purchased.

Kowloon In. Lot No. 1,122.

$64

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION. -No. 55.

Tenders will be received at this Office until Noon of Friday, the 15th February, 1901, constructing an approach to the Pokfulam Conduit Road from Castle Road.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 24th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

for

GOVERNMENT NOTIFICATION.-No. 31.

The following Lot of Crown Land at Quarry Bay will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 28th day of January, 1901, at 3 p.m. :-

Quarry Bay Inland Lot No. 7.

For Particulars and Conditions of Sale see page 53 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.--No. 32.

The following Lots of Crown Land at Peak Road will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 4th day of February, 1901, at 3

Inland Lots Nos. 1,626 and 1,627.

For Particulars and Conditions of Sale see page 54 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 19th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

　　10. l'ossession of the Lot sold shall be given to the Purchaser, and deemed to have been taken by him, on the day of sale.

Director of Public Works.

MEMORANDUM OF AGREEMENT BY THE PURCHASER.

Memorandum that

No. of Sale.

Registry Number.

Annual Rental.

Amount of Pre- mium at which Purchased.

Kowloon In. Lot No. 1,122.

$64

Witness to Signature of Purchaser.

Witness to Signature of Director of Public Works.

Signature of Purchaser.

Director of Public Works.

GOVERNMENT NOTIFICATION. -No. 55.

Tenders will be received at this Office until Noon of Friday, the 15th February, 1901, constructing an approach to the Pokfulam Conduit Road from Castle Road.

No work will be permitted on Sundays.

For form of tender, specification and further particulars apply at the Public Works Office. The Government does not bind itself to accept the lowest or any tender.

By Command,

Colonial Secretary's Office, Hongkong, 24th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

for

GOVERNMENT NOTIFICATION.-No. 31.

The following Lot of Crown Land at Quarry Bay will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 28th day of January, 1901, at 3 p.m. :-

Quarry Bay Inland Lot No. 7.

For Particulars and Conditions of Sale see page 53 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 17th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.--No. 32.

The following Lots of Crown Land at Peak Road will be sold by Public Auction at the Offices of the Public Works Department, on Monday, the 4th day of February, 1901, at 3

Inland Lots Nos. 1,626 and 1,627.

For Particulars and Conditions of Sale see page 54 of the Government Gazette for 1901.

By Command,

Colonial Secretary's Office, Hongkong, 19th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

Abbot.

Altman.

Berli.

Chintin Woochin.

Deede.

Fookyean.

Forestdale, Steamer.

Guanhwat.

Gunzburg.

Kaiho.

Kongkong.

Kimm.

Kue Kee.

Kunecheong.

Kwongchongloong.

Kwongyuen.

Leeyick.

Leigh Orange.

Lewis.

Address.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

List of unclaimed Telegrams lying in the Joint Telegraph Companies Offices at Hongkong.

Lewjon.

Marry--Ship Street. Otiusam Joginsecol. Penrose.

Phelps Miss. Ricalton.

Suisingloog.

Taussig.

Taylor.

Tekchong. Wardley. Wert.

Whitford.

3057, 3931, 2006 (Woo Wo Sing).

1425 (unregistered).

4727, 3189, 7070, 5445, 5235. 5115.

0587, 2052, 6063.

Hongkong Station, 26th January, 1901.

POST OFFICE NOTICE.

Poste Restante Correspondence, 26th January, 1901.

Letters.

Papers.

Ad:iress.

Letters.

Papers.

Address.

Letters.

l'apers.

Address.

Letters.

Papers.

Adams, A. H.

Adams, J.

Ath, G. P. D.

Ahlmann, X.

Anderson, J.

Anderson, Mrs. A.

Andrews, D. A.

Dupignac Draper, W. Dandort

Dawson, Mrs. P.

Duriot

Datema, Capt. E. Dimitrios, J. Dallas, H.

Dessallais

Darnell, H. B.

Duckmantou

pc.

Hodder, S. Hughes, G. H.

Mathews, Mrs. W.! Mackenzie, A. C. McWilliams, Miss Mayer, E. Majer, Mrs.

Jong Gee Jackson, Capt. Joseph

Jones, G. H. B.

Montilla, B.

Martinez

Murdalthal, C. S.

Mills, Mrs. I.

Moore. J. W.

F. VON DER PFORDTEN,

Manager in China.

Address.

Letters.

--| Papers.

Richardson, J. Raeburn, M.

Ross, A.

|1 pc. Reid, J. G.

Bush, D. F.

Beddulph,

Lieut. L. S.

Bryan, R.

Evans, J. H.

Bun Heung

Embden, M.

Blomfield

Ellis, Mrs. F.

Barry, Capt. J.

Bohm, O.

Bailie, J. J.

Baites

Barclay, Mrs. T.

Brander, W.

Fawcett, G. Fowler, C. M.

Brockman

Bosenberg, W.

Bradburry, G. W.

Brown, H.

Fung Kee

Barbey

Bronson, O. C.

Bicarbonat, W.

Bishop, E. M.

Benn, A.

Bashan. E. H.

Casalond, D. Callsen, F. W. Cox, Mrs

Fernandez, D.

Gleeson, R. Gorden. J. N.

Gradzizki

Gillis, Mrs. G. Gedaljy Goclz, F.

pc. Girling, G. R.

Chisholm, G. P.

Cambell, W. G.

　　Cotton, Dr. A. Cambell, Mrs. J.

Cooper, F. C.

Cops, Mrs. J. H.

Corah, A. M.

Chevers, W. G.

　　Clark, Mrs. F. R. Caulfield, W. T. Cooper, E.

Coke, Dr. G. H. Colegrove, R. Clarkson. G. Curren, T. B.

Coleman, F.

Cartlidge, J.

Gillespie, J.

Girling, A.

Gullcom, Mrs.

S. C. Gurtrude Geansy, B.

Hearder, E. H. Hawkmatria Houstin, Miss R. Harding, C. L.

Hakney, W.

Hindrichs, W.

Hinderkoper, J.

}

Kiraulioff, A. T. Kahnunsky, S. Kong Ah Muoy Krater, W.

Lauro, C. S. Lewis, H. W. Little & Co., D. Lyall, Hill Lusbany, R. J. Lopez, Miss E. Luc Lange, W. Lynch, G. Lisette, A. Launder, W. Lewis, R. (.

Luk Cheuk Man

1 pc. Lee, Mrs. L.

Leslie, II.

Moore, P. J. Millar, J.

Mohammed, P. S.

1 pc. McDowall, J.

McNamara, B. Moyi, Miss Moody, Dr. C. McConnell, A. E. Menzell, Capt. W. McCallough Moutnenaix Muller. P. Marquis, N. MacBain, G.

Macalpm

Meissuer, T.

Norton, E. C. Nagel, G. P. Neave, Mrs. Nicholson, H. J. Nanson, R. C.

Oldham, G. O'Dell, F.

Powers & Co., R. H. Pow Long & Co. Panegeon, Mrs. Paterson, J. B. Pomery Miss Perzal, J.

Piry, A..

Priechard, H. 0.

Shaw

Samborn, F. &. San Fat Sen

|| 1

Skinner, W. Spence, Lieut. H. H. C. Spence, M. Simon, Dr. M. Skordahl, J. Scott, G. M. Smith, H. M. Shariff, Miss M. S. Salisbury, J. Spindailer & Co. Scott, C. H. Smith, C. I.

Smith, B.

Sheppard, T. M. Scott, W. G. Stevens, R. Souzac, J. A. Schilling, G. M. Sundt, H. Suzuike, S.

...

Parks, W.

Paulding, G.

Todd, Capt. J.

Pasucal. F.

Trumpt, E.

Ꮳ

Patyn, J.

Robinson, C. Rennie, F. Reid, Capt. C. F. Rialton, J. Renori, G. J. B. Ripton, Segt. F. Rohr, W. Rising, F. H. Ricci & Co. Ross, Miss M. J. Rafter, Major

J. A. Richardson, J. F.

pc Raustzen, E. P.

Reys, G.

...

Reynell, W.

Ross, A. J.

Rodrigus, A. C. F. Roberts, A. W.

Mackchnie, W. E.]

"pc." means " post card." "pk. '

NOTE.-"bk." means "book". "p." means "parcel."

Thorne, Miss M.

Tomé. T.

Tchang, M. J.

Thomson, C. H.

Tiberi

Taussing. Mrs.

E. D.

Upton, G. Upham, H. U.

Williamson, T. H.|

Watson, H. G.

Walters, A.

Wallace. F.

Weston, C.

Westrop, Miss E.

means packet.

...

1 bk.

1 pc.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

Allam Thu Con & Co. Attias, I. S. Ackermann & Co., R. Ab nue, P. A. Adam, Miss

Aziz Khan Lapiz Abdul Khan

Anthony.

Abdul Rahman

Aldny Khan

Arjun ingh

Auzulatos, G. N. Afzul Khan

Bukh Mahomed

Butchen, Singh

Bagoo

Bagat Singh

Buckie, P.C. 583.

Brandt. C.

Bakan Singh

Bhagwan Singh (3)

Baksha Singh

Bishen Singh

Brown, G.

Brandt, F.

Bauer, E.

Brown, Itrik

Budha Khan (2)

Bull, P. Gulvão

Bonnet, F.

Carrington, J. C. Cadiend. Miss J. Cotewall, H. R. Connell, J. J. Chandi Singh Coy, C.

List of Registered Covers in Poste Restante.

Cooper, A. J.

Chram Baksh, (Umballa)

Calcutta Turf Club.

Caine Rol No. 29 Chandar Pal Singh Crews, J.

Danenberg, E. Davies, D.

Eldred, Mrs. (5) Etiene. Gagillo Eleshal, E.

Evans, Capt. C. H. Eskell.

Frankel, H.

Filiberto. V.

Fritz Gerald, H. C. (New

York.)

Fazal Ahmed (2)

Falkenflick, S. (3)

Falek, W.

Flores, J. S.

Fox, F.

(2)

Fursia Karsang.

Geoghegan, N. M.

Guria, M.

Giese, A.

Gosselin, Comm. Ghulam Rasool

Hazam Singh Hans, Mrs. A. J. C. Hooker, Mrs. (). Harman Singh Heintz, H. Hira Singh

Hooper, Mrs. A. F.

Hiuton, R. S. Hakam Din Hawan Singh Hollister, G. K. Hinda Singh Haraguchi, B.

Ibrihim Khan

Ignacio, F.

Jackson, J. Jenkins, B. N. Joseph, S. S. Abdul Jurmanali Shah

Kader Bap, Insp. Kala Singh

Kaplun, N. Kumraz Khan Knappstein. O. Kamman Singh

Kurozuni, K. Koff, F.

Kienia, Miss A. Kelly, M. J.

Liaco, Cheang Lopes, Da. C. J. Lowe, W. S. Lam, Aron

L old, Herrn

Little, Mr.

Ladha Singh Lovatt, Miss

Mandigs, A. L. Maula Bux

Mahomed Akbar

Manga Khan Mussa Khan Mohamed Khan

Mangude Singh

Makend Singh

Mehta, C. E.

Modla Singh

Rongier, J.

Rosouro, Miss Lucila Rennie, A. H.

Ste n, B. (2)

Shaminsky, S.

Sultan Mahomed

Munshi Hussain Shah Sahib Smulas, H.

Moller, W. A. Mulla Singh Mondini, Ph. Mannington, A.

Noble. Lt. W. Nicoll, Miss A. Naden. Thomas Nazal Khan Nalillo Bux Nihull Singh

Olves, F. Owper, Geo. Ortiz, C. (3)

Perica, F. Pierra, D.

Pino, F. Lara y

(3)

Plant, J. S. (2)

Philipp, L.

Piry, H.

Pate, Percy

Rajaram Singh Rahim Alli (2) Roza, A. M. R. C. Ridont, J. T. H. Rustam Khan Ressurreccion, M.

Saloon, A. J.

Sato, T.

Sahay Khan Saifa

Said Mahomed Sassoon, S. Stanford. Mrs. M. Sturdy, E. V. Stevenson, F. Solomon. L. P.

Thomson, Charles Thornhill, Capt. Teves, Mariano Tomas, C. F. Telvier

Utter Singh

Umetami. N.

Vallance, Mrs.

Watts, F.

War Singh Wan Pau Yau

Yonsen, Mrs.

Zaiza, M. M. de

S.S. "

S.S."

S.S.

Amigo,"

Bellerophon,'

...

　　　　Belgian King,' S.S."Bergenhaus,' S.S. "Brand,"

S.S." Carthage,'

S.S."Calchas," S.S. "Calchas," S.M.S. "Gefion," S.S. "Glasgow," S.S. "Glenogle, S.S."

Haiching," Hainan,' S.S. "Rashing," S.S."

S.S

List of Registered Covers for Merchant Ships.

F. Wallat.

.K. Morgan,

.Abernethey. (2)

.Capt. J. H. Svendsen. (2)

.Capt. J. Thornsen.

.M. L. Miguon.

H. C. Beasley.

.Mr. Carefull.

Rollmann.

B. Domenico, A.B.

Mr. Clements.

E. F. Gibson.

Kirkfield,"

F. Claussen. .G. Hooker. ..G. Dubren.

S.9.

S.S.

Menelaus," Milos."

S.S. Minto,".

S.S. "Munchen,

Ship

Nevelle,"

S.S."Ningpo,".

Ship Norwood,'

Ship "Sierra Estrella,' S.S. "Sydney,"

S.S.

Tsingtau,"

Tsinan,

S.S." Ulysses,"

S.S."Utta." S.S. Vienna, S.S.Wongkoi,"

...J. Ambrose (6).

.A. Hausen (2).

Abdool Karim Ebrahim.

W. Rummler.

.Capt. D. Steven.

..J. L. Manthie.

.S. Takake.

S. Cruston.

.A. Lagrange. .D. Wessels. (2) W. H. Wilson. .H. Weldon (2).

M. England. C. McLay.

..C. Schunz.

Anden Oberingenior der Eckert, Miss R.

offentlichen Arbeiten in

Vladivostock.

Ah Cheong.

Barclay, J. B.

Bevan, Arthur

Cheong. J.

List of Unclaimed Parcels.

Hubert, Comdt. (2)

Jackson, Miss

Fernandez, V. D. Fair, Mrs. A.

Montfort, Miss

Gillott, A.

Geoghegan, Capt. S.

Norris, R. C. Nicholson, H.

Parpart, Kurt V. Painter. G. E.

Reynolds, E. M.

Scott, J. G. (2) Spillane, W. G. Sprowle, H. H.

Stevenson, Lt. K. L. (2)

Tchitchagoff, Madame,

(Vladivostock.)

Tang, T. H.

Vernon, L. D.

Vetch, Mad. F. (2)

Yee Hong.

S.S. "

　　　　Apenrade, S.S.Breamar,"

S.S.

Carlisle City," Haisong,'

　S.S. Hailoong," S.S...

S.S."

Kaifong,' S.S. "Kumsang," S.S. Machew,'

Mozambique, Narnshire," Nippon Maru," S.S.Prinz Heinrich,'

S.S.

S.S."

List of Unclaimed

.Capt. H. Lorenzen.

.A. Samuelsen.

James Croll.

..J. G. Reid.

T. Clark.

L. Munn.

Hugh Cuthbertson. .Capt. J. E. Farrell, ....Capt. R. McCrom. (2)

...C. Lorder.

.Capt. J. F. Allen. (2)

David Benjamin.

Parcels for Ships

S.S.Prometheus," S.S. "Queen Adelaide, Transport Rewa." S.S. "Salamis," S.S. "Strathgyle,' S.S.Suisang." S.S. "Taksang.". S.S.Tritos.' S.S." Victoria,' S.S.Wingsang,'

S.S. Wongkoi," S.S. Yu Shun."

•

W. J. Hunter. ..J. McMillan.

.Wm. Mustarde. (2)

H. Earl.

.D. MacDonald. .A. Bremner.

..G. Porterfield.

.P. Nielsen (2)

.O. Wennberg.

.G. T. Holmwood.

..C. Schnur.

..E. W. Clements,

Address.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

Unclaimed Letters for Merchant Ships, 24th January, 1901.

| Letters.

Papers.

Address.

Letters.

L'apers.

Address.

Ausgar

Anna Moore

Annerley

Argyle

Acara

Asbe

Brant

Bungaree

Buckingham

Barbloch Bentomond

Benlavers

Ben Leavers

Baron Inverdale

Calypso Commerce

Dilaj Devawongse Dunar

Elm Branch Exe of London Eturia

Eidovold

Emma Luz Ken

Engelhorn

Hebe Hoi Lee Hailar Hating pc. Hiliglen

Harbin

India Irene

Khyber Kitty Kassala

Kong Mau Krongborg Kvarven

21:

Letters.

Papers.

Address.

Murani Mozambique

Monkseaton Marianne Mazagon Manning

Neville Norwood Nagadan Nairnshire

1 Oro

Prudentia

Patrie

Letters.

⠀⠀⠀⠀⠀⠀ | Payers.

22-

Address.

Radley

South America Stats Maru Sicili n Sarphedon Stradhord

Letters.

Tardis Tei Fu

1 pc.

Uamdar

Frankfort

Forest Dale

Fulwood

Cymberline

Pronto

Cedar Bank

Goodiava

Lake Erie

Piciola

Vadala Volkyrian Victoria

Veimeira Vimetra

Claverdale

General Bac-

Lenpleo

Venetia

Carmanian

quedaur

Lowenburg

Riverdale British

Caithness

Chang Reong

Claverdon

Claverly

Glenterrent

Lenator

Glenfarg

Lodiana

Glenogle

Rhipeus

Gymeric

Morven

Rio Negro

NOTE. bk," means "book." "p." means

parcel." "pc." means "post card,"

Rajah

Roland

West York Wilhelmina

Yorishima Maru

List of Articles lying in deposit at the Base Post Office, British Contingent,

Lt. Duncan Aitkiu, 1st B.L.

Dr. Blackmore.

Capt. C. K. Bushe, R.G.A.

Col. Browne, D.S.O.

Sergt.-Major H. Brown. Capt. F. Baines, I.M.S. J. C. D. Burton, Esq.

E. J. Culpeper, Asstt. Surg. Major S. Comfort.

Capt. E. A. Campbell.

Sergt. R. Clarke, 31st F.B., R.A.

Lt. O. S. Cameron, R.A.

Mr. F. Drury, Compounder.

Mr. G. B. de Souza.

Mr. W. Davis.

L. Durbari Ram, H.A.

A. B. Fry, Esq., I.M.S.

Lt. Col. C. M. FitzGerald, C.C.0.

Major A. A. Fraser.

Goondoo Bhicajee Hitoorkar. Condr. W. D. Gray. A.S.O.

China Expeditionary Force, 22nd January, 1901.

Dr. J. C. Gillman.

Capt. Jay Gould, I.M.S. Major E. W. Headlam. R.A. L. Hamir Chaud, Vety. Asstt. G. L. Jones, Esq.

Capt. W. J. P. Kaye.

Lt. W. M. St. G. Kirke, R.A. Gr. A. J. Kite, Comst. Dept. Lt. C. E. Ruck Keene.

B. Lalchaud, Sub-Storekeeper. Mr. W. Leslie, A.B.

Mr. C. E. Littlewood.

Capt. D. G. Maxwell, 17th B.C. D. N. Metter, Esq.

Capt. A. H. Montagu, 21st P.I. C. H. McMinn, Esq., A.D.S.P. Capt. Marjoribanks. Genl.

. M. Preach, V.C., Poll. Dr. L. J. Pisani.

L. Pirthi Chaud, Vety. Asstt.

Capt. H. McNeale Patterson. Ramlall Butler, c/o Lt. Surtores. Major R. Ross. I. M.S.

Capt. C. D. Robson.

Capt. H. G. Sergeanot, R.A. V. B. Sanker Singh, Signaller. 2nd Lt. H. M. D. Shaw. Lt. Cecil Schrottley, R.A. Capt. C. W. Stulpnagal. Sheo I'rasad, H.A. H. H. Syer, Esq. Mr. Oscar F. Temple. Capt. J. O. Travers. Staff-Sergt. Turton.

Pte. J. Wallis.

Capt. J. Wade. Engineer. Capt. G. H. Whitehead, 33rd M.I. Sergt. Wake.

Lt. H. G. Watson.

Capt. L. N. Younghusband.

American and German Mails, 1st November, 1900.

International Journal of Sur-

Arbroath Guide (The) 8 Sep- Christian Herald, 6 Septem-

tember, 1900.

ber, 1990. Chicago Medical Times.

gery.

Export Trade.

Bulletin Trimestrial de L'As-

sociation.

Canadian Contract Record,

19 September, 1900. Catalogues.

Generous de Sera. Glasgow Weekly Mail.

Le Croix.

La Dépêche, (8 copies.) L'Avenir du Puy-de-Dome,

27 September, 1900. L'Echo de Paris. L'Eclair, (4 copies.)

Liverpool Weekly Mercury. Out Book.

Minnipely Daily Tribune

(The).

Moneteur de la Hygiene Pu- blique, 1 September, 1900.

New York Weekly Press (The) 3 September, 1900.

People's Friend, 3 Septem-

ber, 1900. San Francisco Chronicles, 2

October, 1900. Weekly Telegraph, 19 Sep-

tember, 1900.

Answers, 11 August, 1900.

Catalogues.

Cassel's Saturday Journal, 3

October, 1900.

Cork Constitution, 29 Sep-

tember, 1900

Christian Intelligence, 10

September, 1900.

French Mail, 6th November, 1900.

Edinburgh Medical Mission- ary Society, May, 1900. Electrical Engineer. Septem-

ber, 1900.

German Papers.

Helensburg and

Garlock Times, 3 October, 1900. Hooner's Fenny Stories.

International Journal, Sur-

gery of

La Croix.

Middlesex County Times, 29 Trusting and Toiling, 15

October, 1900.

September, 1900.

New York Herald, (several

copies.)

Le Jura Bernois, (several Notice to Mariners, 22 Sep-

copies.)

Le Petit Marseillais, (4 co-

pies.) Le Petit Parisien. Le Rêveil.

Daily News (The) 22 Sep- Il Rosario e la Noueva Pom- Lloyd's Weekly Newspaper,

tember, 1990.

pei, (6 Books.)

30 September, 1900.

tember, 1900,

People (The) 29 July and

16 September, 1900,

Saturday Weekly Citizen, 29

September, 1900.

Watch Word (The) 22 Sep-

tember, 1900.

West Sussex Gazette, 27

September, 1900. Week (The) 5 October 1900.

Yorkshire Herald, 6 Octo-

ber, 1900.

212

Papers.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

Agricoltura Moderna. Australasian ntercollegian.

September, 1900.

Blairgowrie Advertiser. Boletim Official.

Building News, 12 October,

1900.

Catalogues.

Chatham, Rochester and

Brompton.

Crente, 6 October, 1900.

De Tijd.

English Mail, 10th November, 1900.

Diario do Governo, 5 Octo-

ber, 1960.

El Mercuris, (several copies ) Engineering, 13 August,

190..

German Pa ers. Golf Illustrated, 12 Octo-

ber, 190.

Great Thoughts. 8 and 15

September, 1900.

Illustrated London News,

13 October, 1900. Il Piccolo. (several copies.) 11 Rosario e la Nouva Pom-

pei.

Journal de Liége.

Journal de St. Petersbourg. Journal of the Department

of Agriculture.

Í a Croix.

La Gazzetta di Malta.

Daily Telegraph, 11 Octo- Il Gazzettino, 15 Septem- La Vera Roma. (6 copies )

ber, 1900.

D'Echo, (12 copies.)

Age (The) 15 October, 1900.

British Weekly, 9 August,

1900.

Brighouse News, 21 Septem-

ber, 1900,

Caffaro.

Cape, Argos Weekly Edition (The) 3 October, 1900. Catalogues.

Christian, 27 Sept., 1900.

Acknowledgment

of God

(The). Arkansas Methodist (The)

16 October, 1900. Army and Navy Gazette, 20

October, 1999. Australasian (The) 27 Octo-

ber, 1900. Association Amicable.

Black and White, 20 Octo-

ber, 1900.

British Medical Journal, 27

October, 1900.

British Weekly (The) 25

October, 1900.

Cassell's Magazine. Cassell's Saturday Journal,

8 August, 1900, Catalogues

Catalogue of Bacteriological

Apparatus. Catalogue of Lanterns and

Accessories Catalogue of Machine Tools. Catalogue of Physical and Practical Physics Appara- tus. Catalogue of Photographic Apparatus and Chemicals. Chambers' Journal.

Bo'ness Journal (The) 26

October, 1900, British Baker (The) 26 Oc-

　　tober, 1900. British Medical Journal, 8 and 15 September, 1900. Bulletin (The) 27 Oct ber,

1900.

Catalogues, 27 October. 1990. Cheshire Observer (The) 27

October, 1900. Cook's Australasian Travel- lers' Gazette, 1 Nov., 1900,

her, 1980. Illustrated Mail.

French

Church Family Newspaper,

12 October, 1995. Colorado Medical Journal,

June, 1900.

Daily Chronicle (The) 18

October, 1900.

Engineering and Mining Journal, 6 October, 19 0. Engineer (The) 8 June. 1900. Engineer Telegraph, 6 Octo-

ber, 1900.

English

China's Millions, November,

1900. Commercial Intelligencé, 27

October, 190 1. Contempora y Review. Cork Weekly Examiner, 25

October. 19 0 Courrier du Val-de-Travers.

Daily Malta Chronicle, 25

October, 1990.

Daily Telegraph (The) 22,

23, 24, 25, 26 and 27 Oc- tober, 1900.

De Tijd.

Dundee Advertiser, 24 Octo-

ber, 1900.

Educational Review, Sep-

tember, 1900. Emporium, September, 1900.

Field (The).

Gazette Radomska. Genie (ivil (Le) 20 October,

1900.

Germancher Lloyd. German Papers. Glasgow Weekly Herald, 20

October, 19 0. Greenock Telegraph, 22 Oc-

tober, 1990.

French

Go'den Penny (The) 3 Nov-

ember, 1900. Greuock Telegraph (The)

26 October, 1990.

Half Holiday, 3 November,

1900.

Harper's Monthly Magazine. Hereford Journal, (The) 27

October, 9×), Histoire Industrielle.

Il Consulente Ecclesiastico. Il Gazzettino. Illustrated I ondon News,

October, 1900,

Evening Post, 27 October, 11 Seculo.

1900.

German Papers. Glasgow Evening News, 31

October, 19.

Glasgow Weekly Mail, 20

October, 1900.

Irish Endeavour (The) Nov-

ember, 1900.

Japan Daily Mail, 20 Nov-

ember, 1900 Journal de Noticias. Journal Officiel.

Le Journal d'une Fenuce de

Chambre

Lennox Herald (The). Le Patriote, (several copies.) Le Petit Blen. Liverpool Mercury, 12 Octo,

ber, 1900, Liverpool Daily Post, 26

July, 1900.

London and China Express, L'Osservatorio Romano, (11

12 October, 1990.

copies.)

Methodist Quarterly, Octo-

ber, 1900,

News of the World (The) 10

September, 1900.

Paisley & Renfrewshire Ga-

zette, 6 October, 1900. Rinderbote.

Sample of Cloth,

Sailing List. San Francisco Chronicle.

Standard (The)

Sunday Companion, ( Octo-

ber, 1900.

Moniteur Intérêts Materiels, Times, Weekly Edition.

(4 copies.) Monthly Ariny List.

Mail, 20th November, 1900.

Engineer Times (The) 13

October, 1900,

Ultramar (0).

Le Depoche, (7 copies.) Life of Faith, 17 October,

1900.

Perthshire Constitutional Journal, 15 October, 1900.

Reveu de Indo-Chinoise.

9 September, 1900.

Gazette (The) 13 October, Lloyd's Weekly Newspaper,

1900.

Il Piccolo.

Japan Times, 9 November,

1900.

Journal de Liège.

Leader (The) 13 October,

1900.

Sample of Coffee.

Mission World, 15 October, Scotsman (The) 16 October,

1900.

News of the World, 5 Octo-

ber, 1980. Newquay Guardian (The)

5 October, 1900. New York, (7 copies.)

Mail, 24th November, 1900.

Highland News, 22 Septem- L'Independence

ber, 1990.

Home Magazine, 22 & 29 September, 6 & 22 Octo- ber, 1930.

Il Gazzettino. Illustrated London News.

Museo Milano.

Pldi-Pizzoli in

Il Seculo, 22 October, 1900.

Japan Daily Mail, 15 No-

vember, 1900. Journal de Liége, (several

copies.)

Journal de St. Petersbourg.

La Croix, (several copies.) L'Adriatico,25 October, 1900, La Meuse.

Lennox Herald (The) 15

September, 1900.

Le Moniteur des Cottes-du-

Nord

Le Musion.

Le Patriote, (several copies.) Le Petit Var, (several copies.) Le Petit Journal, 24 Sep-

tember, 19.0. Libertas.

Lloyd's Weekly Newspaper,

21 October, 1900.

24 October, 1900.

Medicale,

Modern Society, 20 October,

1900.

Morning Post (The) 23 Oc-

tober, 1900.

Newport and Market Drap- ton Advertiser, 20 October, 1900.

Nieuwe Rotterdamsche Cou-

rant.

1900. Southmolton Gazette, 22

September, 1900.

To-day, 11 October, 1900. Yorkshire Post (The) 11 Octo-

ber, 1900.

Scientific American Supple- mentary, 20 October, 1900. Singapore Exchange Market

Report.

Stationery Trades Journal. Sports Gazette (The) 20 Oc-

tober. 1900.

Southampton

Times and Hamshire Express, 13 Oc- tober, 1900.

Sydney Morning Herald, 3

November, 1900.

Northern Star, 25 October, Times (The) 20, 22, 23, 24

1900.

& 25 October, 1900. Tit-Bits, 13 & 20 October,

1900.

Otago Daily Times, 26 Sep Tweede Kamor, (several co-

tember, 1900.

Pall Mall Magazine, Octo-

ber, 1990. Pearson's, October, 1900. People's Journal (The) 6

October, 1990.

People's Friend, 15 October,

1900.

Publications of the Astrono- mical Laboratory at Go- ningen.

Registre Recapitulatif.

Mail, 3rd December, 1900.

Journal de St. Petersbourg.

Ladies' Field (The). Lady's Realin (The). La Tribuna de Geneve. Le Propagatuer, November,

1900. L'Estafette. Liddell's Weekly, 26 Oc-

tober, 1900. L'Italia reale Cor.iere Va-

zionale.

M. A. P. (The). Monthly Magazine of Fic-

tion.

Mail and Express, 27 Oc-

tober. 190. Montreal Philatelist.

New Penny Magazine (The)

27 October, 1900. New York Times (The) 28

October, 1900.

New York Tribune 27 Oc-

tober, 1900. Nineteenth

Century, Oc-

tober, 1900. Northern Countries Maga-

ziue, November, 1900.

Our Own Gazette, Novem-

ber, 1900.

People's Friend, 29 October,

1900.

pies.)

To-day, 18 October, 1900.

Weekly Free Press (The)

20 October, 1900. Wiltshire Country Mirror &

Express (The).

Union (The) 22 November.

1900.

Young Ladies' Journal.

Sketch (The) 24 October,

1900. Standard (The) 30 October,

1900.

Sun (The) 28 October, 1900.

Times Weekly Edition, 2

November, 1990. Tit-Bits, 27 October, 1900. Traveller (The) -0 October,

1900.

People's Journal, 27 October, Universal Market, 24 Octo-

1999.

Prabhat. Punch.

Record (The) 2 November,

1900.

Scotsman (The) 27 October,

1900. Semi-Weekly Colonist, 23

October, 1900.

ber, 1900.

Union (The) 1 October,

1900.

Vasarnapi Zjag.

Weekly Scotsman, 27 Octo-

ber, 1900. Weekly Press, 24 October,

1900.

World (The) 27 October,

1900.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

American Wood and Cotton

Reporter, 6 September, 1990. Associated Board of the Royal Academy of Music and the Royal College of Music.

Black and White, 3 Novem- her & 29 October, 1900, British Weekly, 8 November

& 25 October, 1900.

English and German Mails, 9th

Engineering Magazine, No-

vembr, 19 10. Engineering, 9 November,

1930.

Farm Field Garden (The) 3

November, 1900, Forget-me-not, 3 November,

19 0.

Galloway Gazette, 27 Octo-

ber, 1980.

Cassier's Magazine, Novem Germau Papers.

ber, 1900,

Catalogues.

Christian, 25 October, 1909. Christian Endeavour, 1 No-

vember, 1900.

Daily Malta Chronicle, 31

October, 1900.

Daily Telegraph.

Advertiser (The) 2 copies. Allenbury's Foods, 21 No-

vember, 1900. Amsterdamsche

Courant,

17 November, 1900. Anales de Electro Homeo-

potic.

Bollettino di Notizie Com- merciali. (several copies.) Hook Circular, Nov., 1900. Book Lover (The).

Bitcher, (several copies.)

Calvert's Catalogues. Catalogues.

Caxtonian Quarterly (The). Chemist and Druggist. Christmas Harmsworth. Church Times (The) 16 No-

vember, 1900. Citrophen Supplement

(The) 2 copies. Courrier de Bruxelles, 22

November, 1900. Courrier della Serra. Colliery Guardian (The) 22

November, 1900.

Courrier de la Sambre. Cotton (The).

Glasgow Weekly Mail, 27

October, 1990. Green ck Telegraph, 30 Oc-

tober, 1900.

Hampshire Telegraph, 3 No-

vember, 1900.

Il Messaggero.

December, 1900.

Seculo, (several copies.)

Lloyd's Weekly Newspaper,

(6 copies.)

Sample of Cotton. Scotsman (The) 31 Octob

19.0.

Java Bode, (several copies. ) Journal de St. PetersbouER.

La Croix. Lady (The) 8 November,

1,900,

La Gazzette. La Gazzetta Dello Sport. Lennox Herald (The) 27

October, 1900. Le P'ariote, (several copies.) L'Etoile Belge. Lloyd's Register, British and

Foreign Shipping. Liverpool Courier (The) 9

November, 1900, Liverpool Weekly Post. Life of Faith, 31 October,

1900.

English and French Mails, 23rd

Deli Courant, 12 Decem-

ber, 1900. Deutsche Koloniatzertung,

22 November, 1900, Deustche Nachrichten, 15

November, 1900.

Die Woche, (several copies.)

Engineering Directory. Essex County Standard

(The).

Evening Express, (several

copies.) Exporteur. Export Price List.

Feuille d'Avis de Laus-

aune, (several copies.)

Gebiete Surveseas (Des). German Papers. Glasgow & Co., Alexander

Young. (2 copies.) Glasgow Weekly Mail, 17

November. 1900. Graphic (he).

Hibernian (The) 2 copies.

Idler, September, 1900,

Deccan Post (The) 17 Au- Illustrated London News,

gust, 1900,

Advertisements. Alexander Young & Co., (2

copies.) Arbroath Guide (The) 17

November, 1900. Armour's Star Brand. Australasian Travellers' Ga-

zette.

Babadur.

Bangkok Times (The) (sev-

eral copies.) Baptist (The) 22 Novem-

ber, 1900,

Bath liver Biscuits. Black & White, (2 copies.) Blue Jacket.

Bollettino di Notizie Com-

merciali, (2 copies.)

3 November, 1900.

French. German and

Contract Record, 14 Novem-

ber, 1900. Corriere Della Sera, (sev-

eral copies.)

Der Riechebote, (several

copies.) Dunoon Observer & Argyll- shire Standard, 24 Nov- ember, 1900.

Edison Records.

Engineer (The) 23 Novem-

ber, 1900.

Evangelist (The) 15 Nov-

ember, 1900. Evening Chronicle (The) 5

October. 1900. Evening Citizen (The).

British Medical Journal, 1 Export Preisliste.

December, 1900.

Bücher, (several copies.) Buffalo Illustrated Express,

17 November, 1900.

Carit Etlar, Catalogues of Civil Service Supply Association, (3 copies.) Catalogue of Modern Books. Chatham & Rochester News,

24 November 1900. Chemist & Druggist (The)

(2 copies.) Chinese Newspaper, (2 co-

pies.)

Eyre & Spotteswoode's.

Family Herald, (several co-

pies.)

Flesh is Weak (The) Freie Presse, (several co-

pies.)

French Weekly, 17 Novem-

ber, 1900.

Gazetta Degli Ospedali, 8

November, 1900. Gazette de Liège, (several

copies.) German Papers. Glasgow Weekly Herald,

(several copies.)

Illustrated Sporting & Dra-

matic News (The). International Kennel Re- view (The) Nov., 1900.

Medical Temperance Review, Scraps, 3 November, 1940). Mercy and Faith. Moniteur des Intérêts Mate-

rieles.

Morning Star, 1 November,

1,900.

Natal Witness (The) 27 Oc-

tober, 1900.

New Court Pulpit (The). Notices to Mariners (7 books.)

Polititien, 2 November, 1900.

Quiver (The) November,

1900. Sample of Cloth.

December, 1900.

L'Etoile Belge, (several co-

pies)

Letour du Moule. Lloyds Weekly, 18 Novem-

ber, 1900.

Strand Magazine (The). Sunday Stories, Sydney Morning Herald

(The) 5 November, 1990).

Weekly Box of Curios, 19

November, 1900, Wellington Journal & Stirews- bury News, November, 1900. West Kent Church Mission- ary Gleaner, November, 1900. Writing Machine News, Oc-

tober & November, 1900.

Youth's Instructor, 1 No

vember, 1900.

People's Sunday (The) 18

November, 1900.

Petite Bibliotheque Chre- tienne, December, 1900. Persian Papers.

Journal de Liège, (several Lloyd's Weekly Newspaper, Preis Liste, (several copies)

copies.)

Kleine Courant, (2 copies.) Kodak, August, 1900.

La Bourse Pour Tous, 17

November, 1900.

La Croix, (several copies.) La Croix de la Lozère, 4

November, 1900.

La Moda Illustrata. La Stampa, 15 Nov.. 1900. Laundry Journal (The). La Vera Roma, 28 Novem-

ber, 1900.

Le Courrier de Londres et

de Paris.

La Vie Illustrée, 9 Novem-

ber, 1900.

Leco di Bergamo, 21 No-

vember, 1900. Lennox Herald (The) 13

October, 1900. Le National Illustré. L'Estafette, 15 Nov., 1900.

American Mails,

Glasgow Weekly Mail, 24

November. 1900. Golden Penny (The) 24

November, 1900. Grantham Journal (The) 17

November. 1900. Graphic (The), (Christmas

number) Greenock Telegraph &Clyde Shipping Gazette, 19 Nov- ember, 1900.

(several copies.) L'Osservatore Romano, 19

November, 1900.

Manufacture Française

d'Armes de St. Etienne, (several copies.) M. A. P., 17 Nov., 1900. Methodist Monthly Adver-

tiser, (2 copies.). Missions Blad, (several co-

pies.)

Narodine Noving, 20 No.

vember, 1900. Neurasthenia & Neuralgia. Notes by the War, (several

copies.)

Penny Illustrated Paper. People (The) 23 Septem-

ber, 1900.

People's Friend, (several

copies.) People's Journal.

Pelican (The) 17 Novem-

ber, 1900.

Pulman's Weekly News.

Regions Beyond, (2 copies.) Religious Tract Society.

Scottish Provident Institu-

tion (The).

See Maschinisten Zeitung,

(several copie1.) Sketch (The). Statistica de Exportazione. Stocks amples. Strange Voyage (A). Suffolk Chronicle & Mer- cury, 14 November, 1900.

Ultramar (0), Uppfyflens Med-Anden.

Vasáruapi Ujeaos.

Weekly Scotsman, 24 No-

Tember, 1900. Welcome, (2 copies.)

31st December, 1900.

La Muse.

La Tierra de Mexico, Nov-

ember, 1900.

La Tribuna, (several copies.) L'Eco di Bergamo, 22 Nov-

ember, 1900.

Le Petit Marseillais, (2 co-

pies.) L'Estafette, 22 Nov., 1900. Library of Eamous Litera-

ture. (The). Life of Faith 21 Nov., 1900. Heil Petrus Claver, 1 Nov- Liverpool Echo (The) 28

November, 1900. ember, 1900. Hull News, 17 Nov., 1900,

Liverpool Weekly Mercury, Huntly Express (The) 23

(2 copies.) November, 1900,

Liverpool Weekly Post, 24

November. 1900, Lloyd's Weekly Newspaper,

(several copies.) L'Osservatore

(several copies.)

Il Giornale del Soldato, 18

November, 1900. Illustrated London News,

(Christmas number.) Illustrated Price List. Irish Catholic (The) 24

November, 1900.

Japan Daily Mail (The) 17

& 18 December, 1900. Journal de Liège, 28 Nov-

ember, 1900. Journal de St. Petersbourg,

25 November. 1900. Journal Offici, 29 Novem-

Kleine Africa Beblirithek,

15 November, 1900.

Triestino,

Market Report. Mechanical World, 30 Nov-

ember, 1900. Motto Per Ridere.

New & Forthcoming Works. Newcastle Weekly Chro- nicle, 17 November, 1900. New York Herald, (several

copies.) Northampton Herald, 1

December, 1900.

Nursery Calender (The)

1901.

Our Almanac, 1901.

People (The) (several co-

pies.)

Per-ian Papers (several co-

pies.) Petroleum.

Publications & Remanders. Presbyterian Church Dur ing the Nineteenth Century.

Scripture Union (The) Semaine Religieuse, 2 Dec-

ember, 1900. Sketchy Bits. Spectator (The) 10 Novem-

ber, 1900.

Strand Magazine (The) (

copies.)

Strange Marriage Customs,

(several copies.) Sydney Morning Herald (The) 6 December, 1900. Syren & Shipping Illas-

trated, 21 Nov., 1900.

Tit Bits, 1 December, 1900.

Weekly Scotsman. Weekly Times (The) 10

November, 1900. Western Daily Mercury, 12

November, 1900. World (The) 17 Nov., 1980.

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901. 89

English Mail, 4th January, 1901.

Aankondiger Van Boon, 2 Electrical Review, 7 Dec-

December, 1900.

Bath Chronicle (The) (2

copies.)

Bedfortshire Times & Inde- pendent, 30 Nov., 1900. Beeren-Weine. Blane Kreus.

Boletin Official.

British Medical Journal, 8

December, 1900. British Trade Journal.

Calloway Gazette (The) 1

　　　　　　　December, 1900. Catholic Magazine(A) Dec-

　　　　　　ember, 1900. Chocolat Maestram. Christmas Catalogue. Consolaire Verslagew-en

Berichten. 6 Dec., 1900. Corriere Della Sera, (sever-

al copies.) Courrier de Bruxelles, 6

December, 1900.

　　　　　Dagens Losen, (2 copies.) Daily Mail, 3 Dec., 1900. Daily Report, 20 Dec., 1900, Dunfrewshire Press (The)

(several copies.)

Ecole Apostolique de Turn-

hout.

Aankondegir Van Boon. Age (The) 5, 15, & 17 Dee-

ember, 1900.

Argus (The) 8 Dec., 1900. Australian (The) 8 & lo

December, 1900.

Baptist Times & Freeman,

14 December, 1900. Bath Chronicle (The) 13

December, 1900. Belfast Weekly Telegraph

(The) 15 Dec., 1900. Birmingham Weekly Mer- eury, 20 October, 1900. Birmingham Weekly Post,

15 December, 1900. Blackburn Times (The) 20

October, 1900. Bollettino d'Notizue Spl Credito e Sella Prividen- za, 10 November, 1900, British Weekly, 22 Nov-

ember, 1900,

Bulletin (The) 1 Decem-

ber, 1900,

Cadenza (The) Nov., 1900. Canadian Horticulturist,

December, 1900. Caffaro, (several copies.) Christian World (The) 13

December, 1900.

Army and Navy Gazette,

22 December, 1900.

Canadian Contract Record. Cape Times Weekly Edi- tion, 28 November, 1900. Christian Science Journal. Cork Constitution (The)

21 December, 1900.

ember, 1900 English Foreign News- papers. (several copies.) Export Catalogue.

Folha (A) (several copies.) Futuro (0) (2 copies.) German Papers. Glasgow Week Mail, (2

copies.) Greenock

Telegraph, 4 December. 1900. Guerin Meschino,

La Cronique, (several co-

pies.)

La Dépéche.

La Gazette, (several copies.) La Revue Generale, (2 La Tribuna de Geneve, 30

Copies.)

November, 1800

La Tribuna Illustrata della Domenica, 2 December. 1900. L'Avenir Du Puey-de-

Donée, 7 Dec., 1900. La Vigie de Dieppe, 1 Dec-

ember, 1900.

Home Companion, (several Le Moniteur des Employés.

copies.)

Le Journal de la Chambre

de Commerce. Le Patriote, (several copies) Le Petit Bleu, 5 Decem-

ber, 1900.

Illustrated Catalogue, (No.

Illustrated Catalogue of

Machine Tools. Illustrated Mail, 8 Decem-

ber, 1900.

Il Gazettino (several co-

pies.)

Javol.

Journal Officiel. Journal de St. Petersbourg,

(several copies.)

La Croix, 9 Dec., 1900.

Le Soir, (several copies.) Le Messager de Jesus, (2

copies.)

L'étoile Belge, (several co-

pies.)

Le Tour du Monde, 8 Dee-

ember, 1900.

Les Grandes Usines. List of some of the Candi-

dates.

Lloyd's Weekly Newspaper,

(several copies.) London & China Express (The) 7 December, 1900.

L'Osservatore Romano,

(several copies.) L'ustration Europienne.

Man of Mark (A). M. A. P., 24 Nov., 1900. Missions Belges, December,

1,900. Military

Musical Instru- ment Makers, (several copies.) Mittheihengen, 30 Novem-

ber, 1900.

Overland Mail (The) 7

December, 1900,

Pearson's Weekly, 15 Dec-

ember, 1900. People (The) 2 Dec., 1900. People's Friend. Persian Papers. Photo Revue, Punch.

Raukine's Patent Feed

Water Filters.

Referene

(The)

26 November, 1900. Sketch (The) Strange Marriage Customs,

(several copies.) Switches.

Mondo moristico, 25 Nov- Scottish

ember, 1900. Moniteur Officiel du Com-

merce, 29 Nov., 1900. Morning Post (The) (sev-

eral copies.) Motto Ridere. Morning Post, 7 Dec., 1900.

Naval & Military Record,

29 Nov., 1900. Navy & Army. Neurolegie Journal, 15 Nov.

ember, 1900. News of the World (The)

2 December, 1900. Notices to Mariners, (sev-

eral copies.)

Our Angel Sister.

French and English Mails, 17th January, 1901.

Church News. Ciorno.

Clinical Excerpts, (several

copies.)

Corriere Mercantile. Catalogues.

Daily Mail, 19 Dec., 1900. Daily Telegraph, 18 Dec-

ember, 1900.

Daily Reporter (The)

(several copies.) Danish Export Review

(The).

Dundee Advertiser, 4 Dee-

ember, 1900.

Echo (The) 18 Dec., 1900. El Comercio, (several co-

pies.)

El Rio Santa Cruz et lago Argentino y la Laguna Rica.

Esser Telegraph.

Feuille d'Avis de Vevery,

(several copies.) Financial News (The). Futuro (O).

Gazzetta. Gazzetta del Popolo.

German Papers. Glasgow Herald, 17 Dec-

ember, 1900. Glasgow Weekly Herald,

15 December, 1900. Graphic (The). Greenock Telegraph and Clyde Shipping Gazette.

Hevatska.

11 Ciorno. Il Gazzettino. Illustrated London News,

15 December, 1900. Illustrated Police Budget,

15 December, 1900. Il Piccolo, (several copies.) Il Piccolo d'Ella Sera, (sev-

eral copies.)

Il Secula Irish Times, 19 Dec., 1900. II Cioneti,

Japan Daily Mail. Journal de St. Petersbourg.

La Belancia.

La Chronique Liégeoise. La Fraternidad, (several

copies.)

La Gazzette, (several co-

pies.)

La Meuse. Lamico Della Familie. La Tribuna Illustrate Della Domenica, 25 Nov., 1900. La Vera Roma. Law Journal (The) 22 Dec.,

1900.

Le Jure Bernois. Le Matin, (several copies.) Le Monteur des Coulis-du-

Nord.

Telegraaf (De) 5 Dec., 1900. Tit Bits, 8 December, 1900, Today, 22 November, 1900. Tread of Life (The) Truth, 6 December, 1900. Tujarati (The) 16 Decem.

ber, 1900. Ultramar (0) 7 Dee., 1900. Weekly Free Press (The)

1 December, 1900. Western Weekly News, 1

December, 1900.

Northampton Herald (The)

15 December, 1900. Novi List.

Obzor.

Out Home, 15 Dec., 1900. Out Look.

Penny Illustrated Paper, 6

October, 1900. Persian Paper. Petit Journal.

Le Petit Journal, (several Portuguez d, 24 Nov., 1900.

copies.)

Le Soir. Lest We Forget, 1901. L'Express.

Liberias, (several copies.) L'Osservatore Treistue. Life of Faith, (5 copies.) Liverpool Weekly Courier,

8 December, 1900.

Française

Manufacture

d'Armes de St. Etienne, (several copies.) Moneteur Officiel du Com-

merce.

Morning Leader, 11 Dec-

ember, 1900.

Newcastle Weekly Chro-

nicle, 8 Dec., 1900. New York Herald (The) 2

December. 1900.

German Mail, 23rd January, 1901.

Daily Mail, 22 December.

1900.

German l'apers.

Hearth and Home, 17 Dec-

ember, 1900.

La Gazette, (several copies).

Le Mouvement Economi- Northampton Herald, 22

que Universel.

Dec.. 1900. (2 copies). L'Osservatore Romano, (6

copics).

Mail (The) 21 December.

1900. Modern Stories.

A photo without wraper addressed Fred. from The Old Un."

La Rassegna Nazionale.

Osaka Mainichi Shimbun

(The)

Our Almanack, A.D. 1901.

San Francisco Chronicle,

30 December, 1900.

Reaper (The) Dec., 1900. Review of Reviews, (2 co-

pies.)

Revue Chernegecate. Revue et Revue des Revues. Roscommon Herald Boyle. Royal, (2 copies:)

Sample of Cloth. Scotsman (The). Sketchy Bits.

South Wales Weekly Argus. Sphere (The).

Stationer Printer, 1 Au-

gust, 1900. Sydney Morning Herald. Svenska Morgonbladet.

Times (The) 21 Dec., 1900.

Vasarnapi Ujsag.

Victoria Cross (The).

Weekly Irish Times, 22

December, 1900. Weekly Post Intelligencer,

20 December, 1900. Weekly Telegraph, 11, 18

and 25 August, 1900. Western Recorder, 6 Dec-

ember, 1900.

A watch found in paper bag with crystal broken.

Books without Address.

Man that corrupted Hadleyburg, E.C.-By Mark Twain. Monthly Army List, 3 Books.

General Post Office, Hongkong, 26th January, 1901.

Nomenclature of Diseases (The) 6 books. Try it.

University of Durham College of Medicine.

€90

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

心

衋示第 = 十二號柿政使司駱

_ 論開投官地事現奉

督憲札間定於西麻本年二月初四日卽禮拜一日下午三點鐘在工務司署開楼官地一段以七十五年爲管業之圳期滿可再管業七十五年惟須遵照工務司再定之地稅輸納等因奉此台亟出示曉諭此特示

該地一段其形勢開列於左

此號係肼錄內地段第一千六百二十六號坐落山頂道該地四至北邊四十尺南邊四十尺東邊五十尺西邊五十尺共計二千方尺每年地稅銀一十四圓

又册錄內地段第一千六百二十七號坐落山頂道該地西至北邊七十七尺南邊九十四尺六寸東邊一百一十八尺西邊一百一十五尺共計九千九百四十三方尺每年地稅銀六十九圓兩段共投價以二千九百八十五圓爲底

計開章程列左

一般地之價由阴底銀散加上以價高者得倘二三人或多人同道互相爭論則在前各股價內擇一價為底再投

二各人出價投地每次增價至少以二十圓爲額

三投得該地之人自槌落之後卽簽名於合同之下由投得之日起限三日內須將全價在庫務司署呈繳

四投得該地段之人由投得之日起限三日内須在田土廳繳錢十五圓以備工務司飭匠用石塊刻好註明册錄號數安立該地以指

為

明四至等費

五投得該地段之人於印契時應將公費銀十五圓呈繳田土廳六投得該地之人須於西歷年六月廿四日將其一年應納舭按月數分納庫務可以每年須分兩季清納卽於西歴十二月廿五日先納一半其餘一半限至西歷六月四日完納至七十五年止

七投得該地段之人俟辦妥一切章程合工務司之意始准領該地段官契由投得之日起准其管業七十五年照上地段形勢所定稅銀每年分兩季完納卽於西歷六月廿四日納一半西十二月二十五納一半並將香港内地段官契章程印於契内

八投得該地之人倘有錯誤未遵章程即將其呈繳之地銀一份或全數入官或可勒令其程辦理或隨時隨處不論用何方法再將該地開投倘再開校所得價值較前投之價若有贏餘全行入官如有短細及一切費用概令違背章程之人補足或將該地歸官作爲未經投而仍將投得該地人之全價入庫日後再將該地出投倘有短軸及一切費用概令前投得該地人補足

九投得該地段之人由投得之日起將該地段歸其管業業主立合同式

立合同人某某于某年某月某日投得某處地段應遵照上列投賣章程卽作爲該業主領取官契爲

投賣地段號數

此號係册錄内地第一千六百二十六號每年地稅銀一十四國灭册錄內地段第一千六百二十七號每年地稅銀六十九圓一千九百零一年

正月

十九日小

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

輔政使司

憲示第五十四號

曉諭開投官地事現奉

督憲札開定於西厢本年二月十一日郎禮拜一日下午三點鐘在工務司署開投官地一段以七十五年爲管業之期期滿可再管業七十五年惟須遵照工務司再定之地稅銀輸納等因奉此合出示『諭爲此特示

該地一段其形勢開列於左

此號册錄九龍內地段第一千一百二十二號坐落望角嘴地四至北邊五十五尺六寸南邊五十五尺六寸東邊一百尺西邊一百尺共計五千五百五十方尺每年地稅銀六十四圓役以三千三百三十圓底

計開章程列左

一投地之價由限底銀數加上以價高者得倘二三人或多人同價互相爭論則在各投價内擇一價爲底再投

二各人出價投地每次增價至少以二十圓爲額

三投得該地段之人自槌落之後卽遵例簽名於合同之下由投得之日起限三日內須將全價在庫務司署呈繳

四投得該地之人由投得之日起限三日内須在田土廳繳錢十五圓以備工務司飭匠用石塊刻好註明册錄號數安立該地每角以指明四至費

五投得該地之人於印契時例應將公費銀十五圓呈繳田土廳六投得該地之人由投得之日起計限以二十四個月内須用堅固材料及美善之法建屋宇一間或多間在該地内以合居住該屋以石

磚及灰坭築墻用瓦蓋面或用工務司批准樣之物料而造須必牢實可久遠其餘各款須按照各建築屋宇及潔淨隨時在本港頒行則例章程建造此等增善工程估值至少以七千五百圓度七楼得該地之人須於西歴本年六月十四日將其一年應納稅月數分納庫務司自後每年須分兩季清納卽於西歴十二月十五日先納一半其餘一半限至西歷六月十四日完納至七十五年止八极得該地之人俟將所有一切章程辦安合工務司之意始准領該地官契由投得之日起準其管業七十五年照上地形勢所定稅鐵每年分兩季完納卽於西曆六月十四日納一半西歷十二月廿五日納一半並將香港内地民官契章程印於契內

九投得該地段之人倘有錯誤未遵章程卽將其呈繳之地價錢一份或全數入官或可勒令其遵章程辦理或隨時隨處不論用何方法再將骸地開投倘再開投所得價值較前投之價若有贏餘全行入官如有短釉及一切費用概令違背章程之人補足或將該地歸官作爲未經出投而仍將投得該地人之全價入庫日後再將該地出投倘有短絀及一切費用概令前投得該地人補足

十投得該地之人由投得之日起將該地段歸其管業業主立合同式

立合同人某某于某年某月某日投得某處地應遵照上列投程卽作爲該地業主領取官契爲憑

投賣號數

此號册錄九龍內地段第一千一百二十二號每年地稅銀六十四一千九百零一年

正月

二十二日示

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

憲示第五

1 +1

點

曉事現奉

督憲札開招人投建小路一條由衛城道至簿扶林水龍道合約內訂明禮拜日不准做工所有投票均在本署收截限期收至西歴本年二月十五日即禮拜五日正午止如欲領投票格式觀看章程及知詳細者前赴工務司署請示可也各票價列低昻任由

二十四日示

國家棄取或總棄不取亦可因奉此合出示曉諭爲此特示一千九百零一年

正月

憲示第三十一號輔政使司

『爺事現

督憲札諗將官地一段出投該地係册錄鰂魚涌内地段第七號坐落鰂魚涌定於西厢本年正月二十八日卽禮拜一日下午三點鐘在工務司署當衆開投如欲知投賣章程詳細者可將西歴本年憲示第五十三篇閱看可也等因奉此合出示曉諭爲此特示一千九百零一年

正月

十七日示

現有要信封由外埠附到存貯

郵政總局如有此人可卽到本局領取兹將原名列左保家信一封交兆升收入你家信一封交鄭水收入

保家信一封交和安疋頭店收入保家信一封交吳炳南收入保家信一封交同盛收入

保家信一封交張興收入保家信一封交張林收入保家信一封交王通收入保家信一封葉亞恩收入保家信一封交袁荔村收入

保家信一封交鄭湄洲收入保家信一封交容天煬收入保家信一封交陳鳳誥收入保家信一封交唐云山收入保家信一封交勞經樓收入保家信一封交保安號收入保家信一封交黃華德收入保家信一封交程賢集收入保家信一封交馮昌黎收入保家信一封交陳利壽收入保家信一封交何慶記打銀舖收入保家信一封交保安行收入

保家信一封交朱堅收入

保家信一封交吳長賢收入

保家信一封德関收入保寧信一封交阿福收入保家信一封交經華號收入保家信一封交名利收入保家信一封交葉蘭收入保家信一封交李蔭池收入保家信一封交李橋收入保家信一封交李梅收入保家信一封交兪福收入保家信一封交梁明標收入保家信一封交陸紫垣收入保家信一封令廣昇利收人保家信封殳松根收

保家信一封交楊經生收入

保信一封交裕興陳云石收入保家信一封劉阿塗收入保家信一封交尖沙咀新六間未學明收

近有由外埠附囘吉信數封無人到取現由外附囘香港郵政總局如有此人可卽到本局領取兹將原名號列

付吉冷信一封交胡壬嬌收入付花旗信一封陳蓉收入付神戶信一封淼蘇紹濂收入付庇老信一封吳順收入付舊金山信一封陳占均收入付粑信一封交周收入付舊金山信一封交林有容收入付檀香山信一卦願德柱收入付吉冷信一封杂余有姑收入

付檀香山信一封交李會收入

体檀香山信一封交陳瑞交收入付安南信一封淼卓年光收入付庇能信一封交許亞利收入付小比力信一玉梁森樹收入付安南信封及黃永恭收入余先中收入庇老信封付呂朱信一封交何炳收入

THE HONGKONG GOVERNMENT GAZETTE, 26TH JANUARY, 1901.

IN THE SUPREME COURT OF HONGKONG.

ORIGINAL JURISDICTION.

Foreign Attachment.

Suit No. 8 of 1901.

Plaintiffs.-CHINESISCHE KUESTEN

FAHRT GESELLSCHAFT. Defendants.-The CHUN MOW FIRM

and LI LUT WAN.

NOTICE is hereby given that a Writ of

　　　　　　　Foreign Attachment returnable on the 8th day of February, 1901, against all the Property moveable or immoveable of the above named Defendant LI LUT WAN within the Colony, has been issued in this Suit pursuant to the Provisions of Section LXXXII. of "The Hongkong Code of Civil Procedure." Dated this 24th day of January, 1901.

JOHNSON, STOKES & MASTER, Plaintiffs Solicitors.

IN THE SUPREME COURT OF HONGKONG.

ORIGINAL JURISDICTION.

Foreign Attachment.

Suit No. 10 of 1901.

Plaintiffs,--The KWONG LUNG TAI HONG, of No. 136 Wing Lok Street Victoria in the Colony of Hongkong, Merchants. Defendant,-WONG WAI CHUN of

Fing Shan in the Kwai Sin Dis- trict in the Wai Chow Prefecture in the Province of Kwong Tung in the Empire of China merchant a partner in the U On Firm of Ping Shan aforesaid merchan's sued for and on behalf of himself and all others (if any) the part- ners in the U On Firm of Ping Shan aforesaid merchants. Garnishees, The CHEONG U HONG

of No. 61 Bonham Strand West Victoria aforesaid merchants.

NOTICE is hereby given that a writ of

Foreign Attachment returnable on the 8th day of February, 1901, against all the Pro- perty moveable or immoveable of the above named Defendant or his said firm within the Colony, has been issued in this Suit pursuant to the provisions of Section LXXXII. of "The Hongkong Code of Civil Procedure."

Dated this 24th day of January, 1901.

DEACON & HASTINGS, Solicitors for the Plaintiffs, No. 10, Queen's Road Central,

Hongkong.

In the Matter of ORDINANCE No.

2 OF 1892,

and

In the Matter of The Petition of AUGUST PHILIP BJERREGAARD of 12, St. Andrew's Place, Brook- lyn, New York, Chemist, for Letters Patent for the exclusive use within the Colony of Hong- kong of an Invention for an im- proved Process for the manufac- ture of Varnish.

N OTICE is hereby given that the Petition,

　　　　　　　　Declaration and Specification required by Ordinance No. 2 of 1892, have been duly filed in the Office of the Colonial Secretary of Hongkong, and that it is the intention of the said AUGUST PHILIP BJERREGAARD by DENNYS & BOWLEY, his duly authorized agents, to apply at the sitting of the Executive Council hereinafter mentioned for Letters Pa- tent for the exclusive use within the said Colony of Hongkong of the above named Invention.

Dated this 18th day of January, 1901.

DENNYS & BOWLEY, Solicitors for the Applicant.

THE KOWLOON LAND AND BUILDING COMPANY, LIMITED.

OTICE is hereby given that the Twelfth

this Company will be held at the Company's Offices, Victoria Buildings, on Thursday, the 7th February, 1901, at 12 o'clock Neon, for the purpose of receiving the Report of the Directors, together with Statement of Accounts for the year ending 31st December, 1900.

The Register of Shares of the Company will be closed from Suturday, the 26th January, to Thursday, the 7th February, (both days inclu- sive), during which period no transfer of Shares can be registered.

By Order of the Board of Directors,

A. SHELTON HOOPER, Secretary to the Hongkong Land Investment and Agency Company, Limited,

General Agents for

The Kowloon Land and Building

Company, Limited.

Hongkong, 21st January, 1901.

THE TRADE MARKS ORDINANCE, 1898.

NOTICE is hereby given that ARTHUR

GUINNESS SON AND COMPANY, LIMI- TED, of James Gate, Dublin, Ireland, Brewers, have on the 9th day of November, 1900, applied for the regi ration in Hongkong, in the Register of Trade Marks, of the following Trade Mark :-

EXTRA

ISSUED

STOUT

GUINNESS'S

AS OUR TRADE NO MARK & LABEL

ArthGuinnesston h

JAMES'S

BOTTLED BY

MES'S GAL

LIMITRO.

STOUT IN BOT

DUBLIN

in the name of ARTHUR GUINNESS SON AND COMPANY, LIMITED, who claim to be the sole Proprietors thereof.

The Trade Mark has been used by the ap plicants in respect of the following goods, namely, Stout in Class 43.

Dated the 20th day of November, 1900.

MOUNSEY & BRUTTON,

Solicitors,

39 & 41, Des Voeux Road, Victoria, Hongkong,

on behalf of the Applicants.

THE TRADE MARKS ORDINANCE, 1898.

NOTICE is hereby given that S. KUTNOW

& Co., LIMITED, of 41, Farringdon Road, London, England, Merchants, have on the 29th day of August, 1900, applied for the Registration in Hongkong in the Register of Trade Marks, of the following Mark, namely:-

The figure of a deer standing on the top of a pinnacle rock which rises out of a town, underneath which are the words"

Hirchensprung or deer leap and the signature "S. KUTNOW & Co., LIMITED.

THE TRADE MARKS ORDINANCE, 1898.

Application for Registration of Trade Mark.

OTICE is hereby given that MITSUI BUSSAN KAISHA, carrying on business at Victoria, in the Colony of Hongkong, and elsewhere as Merchants have, on the 11th day of October, 1900, applied for the Registration in Hongkong, in the Register of Trade Marks, of the following Trade Mark:-

The distinctive device of a Japanese moonshaped guitar, peering over either shoulders of the said guitar are the face and shoulers of a Japanese child, each holding a hand with the palm and fingers outstretched over the edge of the said guitar. In the sound hole of the guitar appears a Japanese character or mark which signifies "Mitsui Bussan Kaisha"; in the name of MITSUI BUSSAN KAISHA who claim to be the sole proprietors thereof.

The Trade Mark has been used by the appli- cants since the month of February, 1900, in respect of the following goods :-

Safety Matches in class 20.

A Facsimile of the Trade Mark can be seen at the Office of the Colonial Secretary of Hongkong and also at the Office of the Undersigned.

Dated the 3rd day of November, 1900.

JOHNSON, STOKES & MASTER,

Solicitors for the Applicants, 12, Queen's Road Central, Hongkong.

NOTICE.

OUR H. CAESAR ERDMANN,

retired from our Firm on the 31st Decen ber, 1900, but will remain a dormant Partner until further notice.

Mr. MARTIN EDUARD FERDINAND MARCH,

Mr. ADOLF CARL SCHOMBURG, Mr. WILHELM WIEDERHOLD,

Mr. EDUARD MORITZ HANS SCHUBART, have to-day been admitted Partners,

CARLOWITZ & Co.

Hongkong, Hamburg, & China, 1st January, 1901.

NORONHA & Co.

PRINTERS, PUBLISHERS & STATIONERS,

and

Printers to the Government of Hongkong,

Nos. 47 & 49, DES VEUX ROAD,

HONGKONG.

ESTABLISHED 1844.

Letter-Press Printing, Copper-Plate Printing, Play-bills, Hand-bills, Programmes, Posters, &c., &c.,

neatly printed in coloured ink.

THE

HONGKONG GOVERNMENT GAZETTE.

SUBSCRIPTION:

Per annum, (payable in advance),......$15.00 Half year.

Three months,

The Trade Mark has been used by the Appli. ants in respect of the following goods, namely, hemical Substances prepared for use in Medicine and Pharmacy in Class 3.

Facsimiles of the Trade Mark can be seen at the Office of the Colonial Secretary of Hongkong and also at the offices of the under- signed.

Dated the 21st day of November, 1900.

MOUNSEY & BRUTTON, Solicitors,

39 & 41, Des Voeux Road,

Victoria, Hongkong,

on behalf of the Applicants,

(do.), (lo.),

Terms of Advertising:

.$1.00)

For 5 lines and under,. Each additional line.. .$0.201 In Chinese-for 25 cha-

racters and under, $1.00 Each additional character. 4c. Repetitions,.

Half price.

9.00.

5.00

for 1st insertion.

Unless otherwise ordered, all advertisements will be repeated until countermanded.

Advertisements intended for insertion should be sent in not later than 10 A.M. on Saturday.

Printed and Published by Noronha & Co., Printers to the Hongkong Government,

SOTT

QUI

DIE

DROIT.

THE HONGKONG

Government Gazette

報

特

EXTRAORDINARY.

門轅港香

Published by Authority.

No. 8.

號八第

VICTORIA, TUESDAY, 29TH JANUARY, 1901. 日十初月二十年子庚日九十二月正年一百九千一

VOL. XLVII.

簿七十四第

GOVERNMENT NOTIFICATION.-No. 56.

The following Proclamation is published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 29th January, 1901.

怨

J. H. STEWART LOCKHART,

Colontal Secretary.

DIEU

MON

Proclamation.

WHEREAS it hath pleased Almighty God to call to His mercy Our late SOVEREIGN LADY QUEEN VICTORIA of Blessed and Glorious Memory, by whose decease the Imperial Crown of the United Kingdom of Great Britain and Ireland and all other her late Majesty's dominions is solely and rightfully come to the High and Mighty PRINCE ALBERT EDWARD, We

Sir HENRY ARTHUR BLAKE, Knight Grand-Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in- Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same;

Major-General WILLIAM JULIUS GASCOIGNE, Companion of the Most Distin- guished Order of Saint Michael and Saint George, Commanding His Majesty's Forces in China and Hongkong;

Rear-Admiral Sir JAMES ANDREW THOMAS BRUCE, Knight Commander of the

Most Distinguished Order of Saint Michael and Saint George;

The Right Reverend JOSEPH CHarles Hoare, D.D., Bishop of Victoria ; Sir JOHN WORRELL CARRINGTON, Knight, Companion of the Most Distinguished

Order of Saint Michael and Saint George, D.C.L., LL.D., Chief Justice; Commodore FRANCIS POWELL, Companion of the Most Honourable Order of

the Bath;

JAMES HALDANE STEWART LOCKHART, Companion of

the Most Distinguished Order of Saint Michael and Saint George, Colonial Secretary, WILLIAM MEIGH GOODMAN, Barrister-at-Law, Attorney

*General,

ALEXANDER MCDONALD THOMSON, M.A., Treasurer, ROBERT DALY ORMSBY, Director of Public Works, FRANCIS HENRY MAY, B.A., Companion of the Most

Distinguished Order of Saint Michael and Saint George, Captain Superintendent of Police, CATCHICK PAUL CHATER, Companion of the Most Distinguished Order of Saint Michael and Saint George,

JAMES JOHNSTONE KESWICK,

Honourable Members of the Executive and Legislative Coun- cils ;

THOMAS SERCOMBE SMITH, B.A., LL.B., Acting Puisnę Judge;

BASIL REGINALD HAMILTON TAYLOR, Harbour Master,"

HO KAI, Barrister-at-Law,

WEI YUK,

RODERICK MACKENZIE GRAY,

JOHN THURBURn,

Sir THOMAS JACKSON, Knight,

JOHN JOSEPH FRANCIS, Barrister-at-Law,

David Robert FENTON CRawford,

HORMUSJEE MERWANJEE MEHTA,

WILLIAM DANBY, M.I.C.E., `

WONG SHING,

HORMUSJEE NOWROJEE MODY,

JAMES YARDEley Vernon Vernon,

WILLIAM HARTICAN, M.D.,

Honourable Members of the Legislative 'Council;

Justices of the Peace for the Colony of Hongkong;

Do now hereby with one full voice and consent of tongue and heart publish and proclaim that the HIGH AND MIGHTY PRINCE ALBERT EDWARD is now by the death of OUR LATE SOVEREIGN of happy and glorious memory become our only lawful and rightful LIEGE LORD EDWARD THE SEVENTH BY THE GRACE OF GOD, KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, DEFENDER OF THE FAITH, EMPEROR OF INDIA, SUPREME LORD IN AND OVER THE COLONY OF HONG- KONG AND ITS DEPENDENCIES, to whom we do acknowledge all faith and constant obedience with all hearty and humble affection beseeching God by whom Kings and Queens do reign to bless THE ROYAL PRINCE EDWARD THE SEVENTH with long and happy years to reign

over us.

Proclaimed this 29th day of January, 1901.

No. 9.

DIE

SOIT

MON

DROIT.

THE HONGKONG

Government Gazette

報

EXTRAORDINARY.

特門轅港香

Published by Authority.

VICTORIA, WEDNESDAY, 30TH JANUARY, 1901. VOL. XLVII.

日十三月正年一零百九千一簿七十四第

弧九第日一十月二十年子庚

GOVERNMENT NOTIFICATION.-No. 57.

Whereas the funeral of our late Sovereign Lady QUEEN VICTORIA is to take place

on Saturday, the 2nd February, 1901, His Excellency the Governor directs that the day shall be observed as one of Public Mourning.

All Public Offices will be closed on that day..

By Command,

Colonial Secretary's Office, Hongkong, 30th January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 58.

With reference to the above Notification, the following is published.

By Command,

Colonial Secretary's Office, Hongkong, 30th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

REGULATION

"The Holidays

Made by the Governor in Council under section 2 of

Ordinance, 1875, this 30th day of January, 1901.

The Police Magistrate's Department shall be, and the same is hereby, excluded from the operation of the above recited Ordinance on the 2nd February, 1901.

COUNCIL CHAMBER,

HONGKONG.

R. F. JOHNSTON, Acting Clerk of Councils.

Printed and Published by Noronha & Co., Printers to the Hongkong Government, Nos. 47 and 49, Das Vœux Road.

DIE

SOIT

QUI MA

ETTOM

DROIT

THE HONGKONG

Government Gazette.

門 # # " 轅

港

秀

Published by Authority.

No. 10.

號十第日三十月二十年子庚

VICTORIA, FRIDAY, 1ST FEBRUARY, 1901.

日一初月二年一百九千一

VOL. XLVII.

簿七十四第

LEGISLATIVE COUNCIL, No. 1.

THURSDAY, 24TH JANUARY,

1901.

PRESENT:

HIS EXCELLENCY THE GOVERNOR

(Sir HENRY ARTHUR BLAKE, G.C.M.G.).

His Excellency Major-General WILLIAM JULIUS GASCOIGNE, C.M.G., General Officer Commanding.

The Honourable the Colonial Secretary, (JAMES HALDANE STEWART LOCKHART, C.M.G.).

the Attorney General, (WILLIAM MEIGH GOODMAN, Q.C.).

the Colonial Treasurer, (ALEXANDER MACDONALD THOMSON).

the Director of Public Works, (ROBERT DALY ORMSBY).

the Captain Superintendent of Police, (FRANCIS HENRY MAY, C.M.G.).

BASIL TAYLOR, (Acting Harbour Master).

CATCHICK PAUL CHATER, C.M.G.

Ho KAI, M.B., C.M.

JAMES JOHNSTONE KESWICK.

WEI YUK.

多多

JOHN THURBURN.

RODERICK MACKENZIE GRAY.

The Council met pursuant to summons.

The Minutes of the last Meeting, held on the 17th December, 1900, were read and confirmed. His Excellency the Governor addressed the Council as follows:-

Honourable Members of the Legislative Council,--I have summoned you to-day to make to you formally the saddest announcement that has ever been made during the exist- ence of this Colony-to announce to you that our revered and beloved Queen is dead. During a long reign begun before any Member of this Council was born, Her Majesty Queen VICTORIA, the purest and greatest monarch of historic times, devoted her life to the welfare of her country. Never was monarch more faithful, never was monarch more beloved. In her letter of the 27th January, 1892, when acknowledging in touching and noble words the expression of loyal and loving sympathy from all classes of the empire on the occasion of the death of the Duke of Clarence, the Queen wrote:-"My bereavements, during the last 30 years of reign, have indeed been heavy. Though the labours, anxieties, and responsibilities inseparable from my position have been great, yet it is my earnest prayer that God may continue to give me health and strength to work for the good and happiness of my dear country and empire while life lasts." And God has granted her prayer, for to the last the Queen preserved those marvellous powers and royal gifts of wisdom and foresight which were always exercised in the interests of the peace and progress of the world. And now the gracious monarch of the greatest nation on earth; the perfect Queen, the stainless wife, the devoted mother has entered into her rest crowned with the triple diadem of strength and

102

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901.

truth and purity, and enveloped in the loving veneration not alone of all the peoples of her world-wide empire but of the great mass of the thinking people of the world. Within the last hour I have received the following two telegrams :

"In the name of the people of Portuguese India and mine, I present to your Excellency the respects of our heartfelt grief for the great loss which the noble British nation has sustained by the demise of the Queen Empress. Victoria of everlasting

memory.

GALHARDO, Governor."

"With the greatest regret I present to your Excellency the expressions of my deep grief, and in the name of this Colony I accompany all the English people in their dolour by the death of Her Gracious Majesty the Queen Empress.

GOVERNOR of Macao.' For us as representing this Colony it but remains humbly to lay at the feet of their Majes- ties, whom God protect, our expressions of loyal condolence, and for that purpose I propose the following resolution :-

"That the Members of this Council have heard with profound sorrow the sad announcement of the death of Her Majesty the Queen, and desire humbly to express their most heartfelt, loyal, and respectful sympathy with their Majesties and the Royal Family in their bereavement."

7.9

The Honourable C. P. CHATER addressed the Council as follows:

Your Excellency,-As the Senior Unofficial Member of the Council, the sad task lies upon ine to formally second the humble expression of our grief which your Excellency has proposed. Little could we have thought but one short week ago that so dire a blow was falling on her late Majesty's subjects, or foreseen that her nation was losing its august and beloved Queen. It is not for us now to dwell upon her royal worth as a monarch, her thoughtfulness, her care, her solicitude for her people. These things the past has verified to all, and the history of the future can only prove yet more and more the immensity of our loss. To their Majesties the King and Queen of Great Britain and Ireland and the Royal Family we tender, in the words of the resolution, our most heartfelt, loyal, and respectful sympathy, and if what we say to-day can lighten, though but for a moment, their burden of sorrow, we, Sir, may venture to hope that we shall not have spoken altogether in vain I beg to second your Excellency's resolution.

The Honourable Dr. Ho KAI addressed the Council as follows:--

Sir,-As the representative on this Council of the British Chinese subjects and the Chinese community of this Colony, I and my colleague desire to express, on their behalf and on behalf of ourselves, our entire concurrence with the sentiments which have been expressed by your Excellency and by the Honourable the Senior Unofficial Member. In the sad death of our well-beloved and much-respected Queen, we have sustained a great and irrepar- able loss. We feel that we have not only lost a just, august, and mighty Sovereign, but also a kind and affectionate Mother, whose parental care has for more than half a century cast a mantle of protection and peace over us and our island home. No part of the British Empire could feel the dreadful loss we have just sustained more than this Far Eastern Colony, and none in this isle could mourn her loss more than her loyal Chinese subjects. inhabiting its shores, seeing that this Colony was born as it were in Her Majesty's reign, and brought up through the successive stages of infancy and childhood under her fostering and watchful care, and that we, Her Majesty's Chinese subjects, owe our liberty, security, wealth, and happiness, and indeed our all, to her wise and beneficent rule. Truly, to us the loss is woefully great, and our sorrow and grief are proportionately profound. I regret, Sir, that in a great national calamity and affliction of this nature, our hearts are too full and overwhelmed to give appropriate expression to our sorrow, or to convey to those who, on account of natural ties, are even more afflicted than we are, an adequate sense of our heart- felt sympathy and sincere condolence. We can only say that we sincerely mourn with those that mourn and weep with those that weep, and that our united and earnest prayer will ever be " May God bless and comfort Their Majesties and Members of the Royal Family in their sore distress and bereavement.'

His Excellency asked every member who sympathised with the Resolution to rise.

All rose, and the Resolution was carried unanimously. The Council then adjourned sine die.

Read and confirmed, this 31st day of January, 1901.

R. F. JOHNSTON,

Acting Clerk of Councils,

HENRY A. BLAKE, Governor.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

GOVERNMENT NOTIFICATION.No. 59.

103

The following Bills, which were read a first time at a Meeting of the Legislative Council held this day, are published.

Council Chamber, Hongkong, 31st January, 1901.

R. F. JOHNSTON, Acting Clerk of Councils.

A BILL

ENTITLED

An Ordinance to consolidate and amend the laws

relating to Public Health in the Colony of Hongkong.

WHEREAS it is expedient to consolidate and amend the Preamble. laws relating to public health in this Colony :

Be it therefore enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--

Preliminary.

1. This Ordinance may be cited for all purposes as the Short title. Public Health Ordinance, 1901.

2.-(1.) The several Ordinances and parts of Ordinances Ordinances mentioned in Schedule A to this Ordinance are hereby repealed. repealed.

Bye-laws continued

(2.) The bye-laws contained in Schedule B, shall have in force. the same force as if they had been made by the Sanitary Board, and had been approved by the Legislative Council, under this Ordinance, and shall remain in force until altered, amended or revoked.

(3.) All persons now holding any office or appointment Existing under any Ordinance repealed by this Ordinance shall con- officers, etc. tinue to hold such office or appointment as if they had been appointed under this Ordinance.

3. In this Ordinance and in any bye-laws made there- Definitions. under, unless the context otherwise requires, the following words and expressions have or include the meanings here-

inafter respectively assigned to them, namely:-

"Author of a nuisance" means the person by whose Author of a act, default, permission, or sufferance the nuisance nuisance. arises or continues:

"Board" means the Sanitary Board:

Board.

Building" includes any house, dwelling-house, tene- Building. ment-house, common lodging-house, verandah, cook- house, privy, gallery, balcony, chimney, bridge, out- house, stable, matshed, warehouse, manufactory, shop, work-room, distillery, and place of secure stowage.

"City of Victoria means that portion of Hongkong City of Vic- bounded on the north by the harbour; on the south toria. by a contour of the hillside six hundred feet above the level of the sea; on the east by a straight line from the skew bridge at the south-west corner of Causeway Bay to the Wongnaichong public school-house, pro- duced southward until it meets the southern boundary; and on the west by Mount Davis : "Common Lodging-house" includes-

Common

house.

(a.) any house or part thereof where usually male Lodging-

persons only are housed-not being members of the same family-to the number of ten persons and upwards.

(b.) any permanent structure in which employers of labour lodge their employés other than domestic servants or shopmen:

"Domestic building" means any human habitation Domestic or building where persons pass the night, but does not building. include any building where caretakers only, not ex- ceeding two in number, pass the night:

"Drug" means any medicine for internal or external Drugs.

use:

104

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Food.

Hill District.

Hill-side.

House- holder.

Keeper of a

common

lodging- house. Kowloon.

New Kowloon.

New Ter- ritories.

New build- ing.

Occupier.

Owner.

Person.

Premises.

Public Latrine.

Secretary.

Street.

Tenant.

Tenement- house.

Vessel.

"Food" means any article used for food or drink other than drugs or water:

"Hill District" means any part of the island of Hongkong above the six hundred feet contour, except Chinese villages :

"Hill-side" means the face of the natural hill, or the face of any scarp or retaining-wall built to support the same, or any artificial filling in or terracing with earth behind such scarp or retaining-wall, made with the object of supporting a street or forming a site for a building:

"Householder" means the actual tenant or occupier of any building, or in cases where there is no such person, then the immediate landlord of such build- ing, and, in the case of corporations, companies, and associations, the secretary or manager thereof shall be deemed the householder, and shall be liable under this Ordinance :

means any

Keeper of a common lodging-house person licensed to keep a common lodging-house: "Kowloon" includes New Kowloon :

"New building" means any structure begun after the commencement of this Ordinance or of which the enclosing walls have not been carried higher than the footings, or such old buildings as shall for the purposes of reconstruction be taken down to an extent exceed- ing one half, such half to be measured in cubic feet: "Occupier" means any person in actual occupation. of any premises :

"Owner" includes any person, holding premises direct from the Crown, whether under lease, licence or other- wise, and also any person for the time being receiving the rent of any premises, solely or as joint-tenant, or tenant in common with others, or receiving the rent of any premises whether on his own behalf or that of any other person; and, where no such owner as above defined can be found or ascertained, the occupier; and for the purposes of this Ordinance, every mort- gagee in possession shall be deemed an owner: "Person" includes a body corporate and an associa- tion:

"Premises" includes any land, building, or structure of any kind, footway, yard, alley, court, garden, stream,. nullah, pond, pool, paddy-field, marsh, drain, ditch, or place open, covered, or enclosed, cesspool or foreshore, also any

essel or boat lying within the waters of the Colony :

"Public latrine" means any latrine to which the public are admitted on payment or otherwise : "Secretary" means the Secretary of the Sanitary Board:

"Street includes any square, court or alley, high- way, lane, road, or passage whether a thoroughfare or

not:

"Tenant' means any person who holds direct from any householder the whole of any floor or floors of any building or tenement-house :

"Tenement-house'

means any domestic building let to and inhabited by more than one occupier or family, as tenants of a common landlord, or as sub-tenants of a tenant of any portion of such domestic building : "Vessel" means any steam or sailing ship, launch, junk, lighter, sampan, or boat:

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Constitution and General Powers of Sanitary Board.

4.-(1.) The Board shall consist of the Director of Public Constitution Works, the Registrar General, the Captain Superintendent of the Board. of Police, the Principal Civil Medical Officer, and (if ap- pointed by the Governor) the Medical Officer of Health, and not more than six additional members, four of whom (two being Chinese) shall be appointed by the Governor, and two elected by such ratepayers as are included in the Special and Common Jury Lists, and also by such rate- payers as are exempt from serving on juries on account of their professional avocations. Non-official members of the Board shall hold office for three years.

(2.) The Governor shall also have power to appoint lower to ap- the Medical Officer of Health for the time being a member point Medical

Officer of of the Board, and when appointed such officer shall have

Health a all the powers, privileges and authorities of any other ordin- member of ary member of the said Board.

the Board.

for elections.

5.-(1.) The mode of election, the proceedings incident Governor to thereto, and all other matters relating to the election of the make rules said members, by the said ratepayers, shall be governed by rules male by the Governor in Council, who may, from time to time, add to, vary, or revoke, any of the said rules. (2.) The rules contained in schedule C to this Ordi- nance shail be in force unless and until altered by the Governor in Council.

6. The Governor shall appoint the president and vice- President president of the Board, and the names of all members and vice-

president. appointed to the Board shall be forthwith notified in the Gazette, and any number of the Gazette containing a notice of any such appointment shall be deemed suffi- cient evidence thereof for all purposes.

7. If any member of the Board be at any time prevented Substitute by absence or other cause from acting for more than six members. months, the Governor may appoint, or if the member has been elected, the electors may nominate some other person

to replace such member, until he shall be able to resume his functions.

8. The Board shall be held to be legally constituted, Vacancies. notwithstanding any vacancies occurring therein by the death, absence, resignation, or incapacity of any member.

9.-(1.) The Board shall meet once in every alternate Board meet- week and oftener if need be, and may adjourn from time to ings. time. The president may at any time, and shall, on requisition signed by three members of the Board, summon a meeting thereof.

(2.) Any four members shall be a quorum for the despatch Quorum. of business, and at every meeting, the president or vice- president shall preside, or, in their absence, the members present shall appoint a chairman. The president or vice- president or in their absence the chairman so appointed, shall have a deliberative and a casting vote.

orders.

10.--(1.) The Board may from time to time make stand- Standing ing or lers for regulating the mode and order of procedure at its meetings, for the conduct of its business between such meetings, and for the guidance of its officers and servants, and may from time to time alter and amend such standing orders.

(2.) The Board may also appoint and when appointed Appoint- may add to or dismiss by resolution, from time to time, ment of select committees consisting of not less than two of its mittees.

members or of one of its members and one of its officers.

select com-

11.-(1.) The Board may by resolution from time to time. Delegation delegate any or all of its powers and functions to such of powers. select committees with full powers to enforce all or any of the provisions of any Ordinances or bye-laws for the time being in force conferring powers on the Board or providing for the more effectual sanitation of the Colony.

orders of

(2.) Any failure to comply with the orders of a select Failure to committee duly signed by the secretary of the Board shall comply with be deemed a contravention of the orders of the Board select com- and shall be punishable in the same manner as if such mittees. order had been made by the said Board.

(3.) The Board may also, from time to time, delegate to the medical officer of health all or any of the powers con- ferred upon it by sections 24, 26, 27, and 45, of this Ordinance, and may revoke such delegation at pleasure.

105

106

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Powers of president and vice- president. Powers to make bye- law.

12. The president or vice-president shall give directions for carrying out and giving effect to the decisions of the Board.

13. The Board shall have power to make, and when made, to alter, amend, or revoke bye-laws with regard to the following matters :-

1. The proper construction, trapping, ventilating, and

maintenance of private house-drains.

2. The provision and proper construction of dust

boxes in private premises.

3. The provision of adequate subsoil drainage in order

to arrest damp in dwelling-houses.

4. The cleansing, lime-whiting, and proper sanitary

maintenance of all premises.

5. The sanitary maintenance of public latrines, urinals,

dust-bins, and manure-depôts.

6. Surface scavenging, the removal and disposal of

night-soil and of other refuse.

7. The closing of premises unfit for human habitation

and the prohibition of their use as such.

8. The protection of the public water supply from

pollution.

9. The "revention of the manufacture or sale of un-

sound, adulterated, or unwholesome food.

10. The regulation of bake-houses, dairies, aerated water manufactories, and food preserving establishments. 11. The proper construction, materials and fittings of

wafer-closets on private premises.

12. The erection of public latines and applications

for permission to erect such latrines.

13. The prohibition of the establishment within certain limits, and the control of any noxious or offen- sive trade, business, or manufacture.

15. The prevention of overcrowding in premises, either in respect of human beings or the lower animals. 16. The licensing and regulation of all depôts and pens

for cattle, pigs, sheep, and goats.

17. The sanitary maintenance of markets and slaughter-

houses.

18. The construction, licensing, and proper sanitary maintenance of pig-sties in private premises. 19. The breaming of vessels, and the maintenance of cleanliness in the harbour of Victoria, the waters of the Colony, and the foreshores thereof. 20. The disposal of the dead, the regulation and sanitary maintenance of cemeteries, the fees to be charged in respect of graves and interments, the keeping of such registers as may be necessary and all other matters connected therewith; also the regula- tion and sanitary maintenance of mortuaries and the disinfection of dead bodies.

21. The compulsory vacating of infected premises, and the disinfection and purification of the same. 22. The disinfection and purification of all infected

vessels and public vehicles.

23. The mitigation or prevention of epidemic, endemic,

or contagious disease among animals.

24. The manufacture and sale of poisons and the sale

of unsound and adulterated drugs.

25. The regulation of public baths, laundries, and wash

houses.

26. The compulsory reporting of infections, contagious,

or communicable diseases.

27. Prescribing the material and the nature and thick- ness thereof to be used for covering over the ground surface of all buildings and of any cook houses, latrines, or open surfaces connected there- with, such as back yards, court yards, or other spaces on which slops may be thrown or from which foul waters flow.

28. Fixing from time to time the number of persons who may occupy a domestic building or any part thereof and for marking on the exterior or interior of such buildings the number of persons permitted to occupy the same or any part thereof.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 107

29. The periodical entry and inspection of all buildings

and curtilages-

(a.) For the purpose of ascertaining whether the same are in an overcrowded condition, (b.) For the purpose of ascertaining the sanitary condition, cleanliness and good order thereof or any part thereof and of any mezzanine floors, storeys or cocklofts therein or the condition of any drains therein or in con- nection therewith.

30. The promotion of cleanliness and ventilation in

domestic buildings.

31. The cleansing and removal of refuse and all objectionable matter at stated times from domestic buildings.

32. Prescribing the conditions under which alone it shall be lawful to live in, occupy or use, or to let or sub-let, or to suffer or permit to be used for habitation or for occupation as a shop, any cellar, vault, undergound room, basement or room any side of which abuts on or against the earth or soil. 33. The prevention as far as possible or mitigation of

any epidemic, endemic or contagious disease in- cluding inter alia provisions-

(a) For the removal of persons suffering from

any such disease.

(b) For the speedy and safe disposal of the

dead.

(e) For house to house visitation.

(d) For the destruction of infected bedding,

clothing or other articles.

(e) For the compulsory vacating of houses. (†) For such other matters or things as may to the Board appear advisable for prevent- ing or mitigating such disease.

The Board may in any such bye-laws impose penalties for any breach thereof not exceeding twenty-five dollars in each case.

laws.

14. All bye-laws made by the Board under the provi- Legislative sions of this Ordinance shall be submitted to the Governor, Council to and shall not take effect until approved by the Legislative approve bye- Council. And all such bye-laws, when so approved, shall be published in the Gazette in English and Chinese and shall have the same force of law and be as binding and valid as if they had been contained in this Ordinance.

Sanitary Staff and its Powers.

15. The Governor may appoint such persons as he shall Sanitary see fit to be respectively medical officer of health, secretary staff. of the Board, assistant medical officers of health, assistant secretary of the Board, sanitary surveyors, and inspectors of nuisances. Such persons shall be officers of the Board. The Governor may also appoint such servants as the Board may from time to time recommend. There shall be paid from the Colonial Treasury to such officers and servants such salaries and allowances as the Governor, with the consent of the Legislative Council, may from time to time determine. Any person or persons appointed to act as assistant medical officer of health or as assistant secretary may be authorised by the Board, or by the president or vice-president of the Board, to perform all or any of the duties of the medical officer of health, or of the secretary, respectively, and all notices, certificates or other instruments signed by such person or persons under the authority of the Board, its president or vice-president shall be deemed to have been duly signed by the order of the said Board.

16. Notice in the Gazette of the appointment of any Evidence of officer under this Ordinance shall be deemed sufficient evi- appointment. dence of such appointment.

Health to

17. The medical officer of health and any assistant Power of medical officer of health may, with or without assistants Medical as he may deem desirable, at all times between the hours of Officer of 6 a.m. and 6 p.m. enter and inspect any house or premises enter and for the purpose of ascertaining the sanitary condition thereof inspect pre- or of ascertaining whether any infectious or contagious mises. disease exists therein.

108

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901,

Proviso.

Power of medical officer of health to enter and

Provided always that unless in the opinion of such officer any delay in entering and inspecting may, or is likely to, prove injurious or detrimental to public health, he shall in each case before entering and inspecting, if the occupants offer any reasonable objection thereto, give to the occupiers two hours' notice in writing of his intention to cuter and inspect such premises by leaving such notice with the occupants or at the house or premises which he intends to enter and inspect. In the case of Chinese occupants such notice shall be in the Chinese character.

18. The medical officer of health and any assistant medical officer of health may also enter and inspect any house or premises at any hour of the night or day for the purposes mentioned in section 17 without giving any such inspect with notice as aforesaid provided the officer so entering has obtained or holds a special order in that behalf signed by the Colonial Secretary or the President of the Board.

out notice.

General

power to inspect.

Inspection to ascertain breaches of sections

against over- crowding.

Seizure of unwhole- some food.

Penalty.

Assaulting member or

officer of the

Board.

Definition of

19. The Board shall have power by its officers to enter and inspect, upon reasonable notice to the occupiers or owners, any building and curtilage for the purpose of as- certaining the sanitary condition, cleanliness and good order thereof or of any part thereof, and of the partitions, mez- zanine floors, storeys, and cocklofts therein, or of the con- dition of any drains therein or in connection therewith.

20. Any officer of the Board specially authorised by the Board and subject to such directions as the Board may impose may enter and inspect at any time any domestic building for the purpose of ascertaining whether such build- ing or any part thereof is in an overcrowded condition.

21.-(1.) Any member, or officer of the Board duly anthorized by the said Board in writing, may, at any time between the hours of six in the morning and six in the evening, enter any shop or premises used for the sale or preparation for sale, or for the storage of food, to inspect and examine any food found therein which he shall have reason to believe is intended to be used as human food, and, in case any such food appear to such member or officer to be unfit for such use, he may seize the sa ne, and the Board may order it to be destroyed or to be so disposed of as to prevent it from being used as human food.

(2.) Any person in whose possession there shall be found any food liable to seizure under this section, shall be liable to a penalty not exceeding one hundred dollars.

any

Obstruction of Officers, etc.

22. Whoever assaults, obstructs, molests, or hinders member or officer of the Board in the execution of the duties or exercise of the powers imposed or conferred upon him by this Ordinance, shall be liable to a penalty not ex- ceeding one handred dollars.

Nuisances.

多多

23. The following shall be deemed to be "nuisances "nuisance." liable to be dealt with summarily in the manner provided

by this Ordinance :-

1. Any failure to supply, or any inadequate or defect- ive provision of drain, drain-trap, ventilating-pipe, subsoil-drainage, or cess-pool accommodation, or any building or part of a building so dark or so ill-ven- tilated as to be dangerous or prejudicial to the health of the inmates.

2. Any street or road, or any part thereof, or any water-course, nullah, ditch, gutter, side-channel, drain, ashpit, sewer, privy, urinal, or cess-pool so foul as to be noxious, or noisome, or unhealthy. 3. Any water-course, well, tank, pool, pond, canal, conduit, or cistern, the water of which, from any cause, is so tainted with impurities, or so unwhole- some as to be injurious to the health of persons living near, or using such water, or which is likely to promote or aggravate epidemic disease,

4. Any stable, cow-honse, pig-sty, or other premises for the use of animals, which is in such a condition as to be injurious to health.

5. Any accumulation, or deposit of stagnant water, sullage-water, manure, dirt, house-refuse, or other matter, wherever situated, which is unhealthy.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 109

6. Any noxious matter, or waste waters, flowing or discharged from any premises, wherever situated, into any public street, road, or into the gutter or side-channel of any street, or road, or into any nul- lah, or water-course, or the bed thereof.

7. Any manufacture, trade, or business of a noxious,

noisome, or unhealthy nature.

8. Any cemetery, or place of burial, so situated, or so

conducted, as to be unhealthy.

9. Any fireplace or furnace which does not, so far as practicable having regard to the nature of the manu- facture or trade, consume the smoke arising from the combustible used therein, and which is used for working engines by steam or in any mill, factory, dye-house, brewery, bakehouse, or gas-work or in any manufacturing or trade process whatsoever. 10. Any chimney (not being the chimney of a private dwelling house) sending forth black smoke in such quantity as to be a nuisance.

11. Any act, omission, or thing which is, or may be, dangerous to life, or injurious to health or property.

all

24.-(1.) It shall be lawful for the Board, on reasonable Entry to presumption of the existence of a nuisance on any premises, inspect by an order in writing, to authorize any officer, with nuisances. assistant or assistants, to euter such premises, at any time between six in the morning and six in the evening, and to inspect the same.

(2) The inspecting officer shall produce and show the Notice of order to any person being, or claiming to be, the occupier of such entry such premises: Provided that the inspecting officer shall not

to be given. enter any house, or upon any land which may be occupied at the time, unless with the consent of the occupier there- of, without previously giving the said occupier six hours' notice in writing of his intention to do so.

25. Any person refusing admittance to the said inspecting Penalty. officer, after such notice has been given, shall be liable to

a penalty not exceeding twenty-five dollars.

26. On the receipt of any information respecting the Sanitary existence of a nuisance, the Board shall, if satisfied of the Board to existence of a nuisance, serve a notice on the person by serve notice whose act, default, or sufferance, the nuisance arises, or abatement of

requiring continues, or, if such person cannot be found, on the owner, nuisance. or occupier, of the premises on which the nuisance arises, requiring him to abate the same, within a time to be speci- fied in the notice, and to execute such works, and do such things as may be necessary for that purpose: Provided-

Firstly-That, where the nuisance arises from the want, or defective construction, of any structural convenience, or, where there is no occupier of the premises, notice under this section shall be served on the owner.

Secondly-That, where the person causing the nuis- ance cannot be found, and it is clear that the nuisance does not arise, or continue, by the act, default, or sufferance of the owner, or occupier, of the premises, the Board may themselves abate the same.

27.-(1.) It shall be lawful for the Board, in any case Sanitary where there is a contravention of any of the requirements Board may of any of the bye-laws, made under this Ordinance, to issue serve notice a notice to the offender, stating what is required to be done

directing compliance to carry out the provisious of such bye-laws, and to call with bye- upon him to comply with such notice within a reasonable laws. time to be stated in the said notice.

(2.) The medical officer of health, the secretary, or such Proceedings other officer as the Board may depute, may, however, without institute summary proceedings before a Magistrate against notice. any person contravening any of the aforesaid bye-laws without the previous issue of such notice by the Board and upon conviction for a contravention of any such bye-law the Magistrate may impose a penalty not exceeding twenty- five dollars:

Provided that no such proceedings shall be instituted by any officer so deputed as aforesaid without the consent of the secretary of the Board.

110

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Board may review

notice.

On non-com-

pliance with notice com- plaint to bé made to Ma- gistrate.

Power of Magistrate to make order deal- ing with nuisance.

Penalty.

Order of pro- hibition of use. &c. of building unfit for human habitation.

Penalty for

contraven-

tion of order of Magis- trate, and for defacing any copy of

such order.

Form of notices.

Manner of serving notices.

28. If the person served with notice, under section 26 or 27, is dissatisfied with such notice, it shall be lawful for him, within the time therein specified, to apply to the Board to review the same, stating the grounds of his appli- cation, and the Board shall, thereupon, inquire into the matter, and shall confirm, modify, suspend, or discharge the said notice, or extend the time allowed for compliance therewith.

29. If the person on whom a notice has been served in pursuance of section 26 or 27 has not obtained from the Board a modification or withdrawal of the notice, and con- tinues to make default in complying with the requirements of such notice, or, in the case of a nuisance, if the same, although abated since the service of the notice, is, in the opinion of the Board, likely to recur on the same premises, the Board shall cause a complaint relating to the non-compli- ance with the said notice, or to such nuisance, to be made before a Magistrate; and such Magistrate shall, thereupon, issue a summons, requiring the person on whom the notice was served to appear before him..

30.--(1.) If the Magistrate is satisfied that the require- ment of the Peard is legal, or that the alleged unisance exists, or that, although the said nuisance is abated, it is likely to recur on the same premises, the Magistrate shall make an order on such person, requiring him to comply with all, or any, of the requisitions of the notice, or otherwise to abate the nuisance, within a time specified in the order, and to do any works necessary for that purpose; or an order pro- hibiting the recurrence of the nuisance, and directing the execution of the works necessary to prevent the recurrence; or an order both requiring abatement and prohibiting the recurrence of the nuisance.

(2.) The Magistrate may, by his order, impose a penalty not exceeding twenty-five dollars, on the person on whom the order is made, and shall also give directions as to the pay- ment of all costs incurred up to the time of the hearing or making the order for obeying the requirements of the notice or for abatement or prohibition of the nuisance, as the case may be.

31. Where the nuisance proved to exist is such as to render any building, in the judgment of the Magistrate, unfit for human habitation, the Magistrate may by an order in writing prohibit the using thereof for that purpose, until, in his judgment, it has been rendered fit for that purpose, and may direct that a copy of such order be affixed to the building in question; and, on the Magistrate being satisfied that it has been rendered fit for that purpose, he may determine his previous order by another, declaring the building habitable, and, from the date thereof, such building may be inhabited or let for habitation.

32.-1.) Any person not obeying an order to comply with the requisitions of the Board, and failing to satisfy the Magistrate that he has used all due diligence to carry out such order, shall be liable to a penalty not exceeding teu dollars per day, during his default; and any person know- ingly and wilfully acting contrary to an order of prohibi- tion, shall be liable to a penalty not exceeding twenty-five dollars per day, during such contrary action; moreover, the Board may enter the premises to which any order relates, and abate the nuisance, and do whatever may be necessary in execution of such order, and recover, in a summary manner, the expenses incurred by them from the person on whom the order is made.

(2.) Any person defacing any copy of a Magistrate's order, which has been affixed to any house or building, shall be liable to a penalty not exceeding fifty dollars.

33. Every notice issued by the Board shall be in the form contained in schedule D to this Ordinance.

34. Every such notice or order may be served by any officer or servant of the Board by delivering the same to or at the residence of the person to whom it is addressed, and when addressed to the owner of any premises it may, if such owner cannot be found, be served by delivering the same to some person upon such premises, or if there be no person upon such premises who can be so served, by affix- ing the same to some conspicuous part of the premises.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Removal of Infected Persons.

35. Where any person is suffering from small-pox or Removal of any other contagious or infectious disease, and is without infected proper lodging or accommodation, or is lodged in a domestic persons. building occupied by more than one family, or is on board any ship or vessel, a Magistrate may, on the certificate of any duly qualified medical practitioner, order the removal of such person to such suitable hospital or other like place as may be provided for the purpose.

Keeping of Cattle, Swine, etc.

36. The keeping of cattle, swine, sheep, or goats with- Keeping out a licence from the Board is hereby prohibited, and any cattle, person keeping any such animals, either without a licence swine, &c. from the Board, or in a manner contravening such sanitary conditions as may be endorsed on such licence, shail be liable to a penalty not exceeding five dollars and, in the discretion of the Magistrate, to forfeit all or any of the animals in respect of the keeping of which he has so offended.

Chinese Cemeteries.

37. It shall be lawful for the Governor in Council from Chinese time to time to select and appoint, and, by advertisement cemeteries. in the Gazette, to notify sufficient and proper places to be the sites of, and to be used as cemeteries or places of burial for the Chinese; and from time to time, to alter, vary, and repeal the said notifications by others, to be advertised in the like manner; and in such cemeteries or places it shall be lawful for the Chinese, in conformity with the provisions of the notifications actually in force, to bury their dead; provided that any person who shall use for that purpose a grave of less than six feet in depth from the ordinary surface of the ground to the uppermost side of the co: pse or coffin therein deposi'ed, shall for every offence be liable to a penalty not exceeding fifty Penalty. dollars.

burials else-

33. The cemeteries or burial grounds hereinafter men- Authorised tioned and such other cemeteries or burial grounds as may cemeteries. from time to time be authorised by the Governor, notice Penalty for whereof shall be published in the Gazette shall be deemed where. authorised cemeteries and whosoever shall, without the written permission of the Governor in Council on the recommendation of the Board, bury any corpse or coffin in any ground not being an authorised cemetery shall for every such offence be liable to a penalty not exceeding one Penalty. hundred dollars.

AUTHORISED CEMETERIES.

The Mount Caroline Cemetery

The Roman Catholic Cemetery

The Colonial Cemetery

The Mohammedan Cemetery

The Hindoo Cemetery

The Zoroastrian ('emetery

The Jewish Cemetery

at Happy Valley.

111

The Mount Davis Cemetery.

The Eurasian Cemetery.

The Cemetery of the French Mission, Pokfulam.

The Kai Lung Wan Cemetery.

The Aberdeen Cemetery.

The Shek-ko Cemetery.

The Chai Wan Cemetery.

The Matauwai Cemetery (

at Kowloon.

The Hindoo Cemetery

39. The Governor in Council is authorised, from time Closing of to time, to notify, by advertisement in the Gazette, that cemeteries. any cemetery or burial ground shall, from a time in such notification to be specified, be closed, and the same shall be closed accordingly; and whosoever, after the expiration of the said specified time, shall bury any corpse in the said cemetery or burial ground shall, for every such offence, be liable to a penalty not exceeding one hundred dollars.

Drainage Works.

Penalty.

40. Every owner of a new building erected within the Drains in City of Victoria shall construct the ground floor of new build- such building at such sufficiently high level as will allow ings. of the construction of a drain and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty, at a point in the upper half-diameter of such sewer.

112

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

All works to be carried

out by Board or by persons approved by

same.

Drains in existing buildings.

Groups of drains.

Owners to connect drains with main-sewers.

Suspected drains to be opened by Board.

House drains in villages and rural districts.

Open drains.

Sumps.

Stagnant water.

41. All works connected with the construction, discon- nexion, trapping, and ventilating of house-drains, shall be carried out at the cost and charges of the owner of the building, either by the Board or by persons approved of by the Board under the supervision of the Board and to its satisfaction.

42. The Board may, by a written notice, require the owners of existing buildings, the drains of which are, in the opinion of the Board, in a defective or insanitary con- dition, to construct, within a reasonable time to be deter- mined by the Board, new house drains in accordance with the provisions of this Ordinance or of any bye-law for the time being in force, or to make such other improve- ments in the existing defective drainage of such buildings as, in the opinion of the Board, may be necessary to meet the requirements of this Ordinance or of any bye-law made thereunder.

43. If it appears to the Board that a group of contiguous buildings may be drained more advantageously in combi- nation than separately, the Board may order that such group be drained upon some combined plan to be approved by it, and the expenses shall be apportioned by the Board between the different owners of such group of contiguous buildings.

44. If any building be without a sufficient drain, and if a public sewer of sufficient size be within one hundred feet of the premises or outermost boundaries of the lot on which such building is situated, and if such public sewer be on a lower level, it shall be lawful for the Board to require the owner of such building to connect with such public sewer by means of a proper drain adequately trapped and venti- lated, to the satisfaction of the Board: Provided always that, if any owner, by order of the Board, connects his building with a public sewer, he shall not be required to connect such building, at his own expense, with any other public sewer.

45. Whenever the Board shall have reason to believe that the drains of any building are defective and in a con- dition injurious to health, it shall be lawful for the Board to order an inspecting officer to enter the premises and to inspect such drains, and, if requisite for the purpose of such inspection, such officer shall cause the ground to be opened in any place or places he may deem fit, doing as little damage as may be, and should such drains be found in a satisfactory condition, they shall be reinstated and made good by the Board at the public expense, but should such drains prove in the opinion of the Board defective, it shall cause them to be properly reconstructed in accordance with the provisions of this Ordinance.

46. Every owner of a new building in the villages and rural districts of Hongkong and Kowloon shall construct the ground floor of such building at such sufficiently high level as will allow of the construction of a drain, and of the provision of the requisite communication with any public sewer into which such drain may lawfully empty or with any other means of drainage with which such drain may lawfully communicate.

47. Wherever feasible, every house-drain in the villages and rural districts of Hongkong and Kowloon shall here- after be an open drain, consisting of a semi-circular channel, of glazed stoneware jointed in cement mortar and laid to adequate falls on a bed of good lime or cement concrete, to the satisfaction of the Board.

48. In isolated places not connected with any public drainage system, every such open drain shall lead and empty into a covered sump or cesspit built of brick or lime con- crete rendered smooth in good Portland cement mortar in such manner as to be water-tight.

Wells and Pools,

49. No premises within the City of Victoria, or the villages of Hongkong and Kowloon, shall be so exca- vated as shall admit of the formation, on the surface thereof, of pools of stagnant or other foul waters, and it shall be lawful for the Board to call upon the owner of any premises whereon such pools may exist, to fill up the same with good clean earth to the level of the surrounding ground, or to drain off such pools by means of surface-drains into any channel with which such surface-drains may lawfully com- municate.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

may call

　　　　　　　　　upon the owner, by notice in writing under the hand of the secretary, to close and fill up the same within the time limited in such notice. If such notice is not complied with, the Board may cause the owner to be summoned before a Magistrate, and the Magistrate may make such order in the matter and as to costs as he may deem right. Should the Magistrate order the well to be closed and filled up he may impose a penalty not exceeding five dollars for each day his order is not complied with.

Open Spaces, Backyards, etc.

51. Every person, who shall erect a new building on Open space land obtained from the Crown subsequent to the thirtieth between new building and day of May, 1888, and on a site excavated out of a hill-side. slope or declivity, shall not permit such new building to abut against the hill-side, but shall leave a clear inter- vening space or area of at least four feet between such new building, along its whole extent, and the toe of the slope of the hill-side Always provided that--

(1.) Any kitchen, or out-honse, appertaining to such

new building, may abnt against the hill-side, if not designed or intended for human habitation ; and,

(2.) Any basement story, designed for cellarage or purposes other than human habitation, may abut against the hill-side, to the extent of the height of such basement story.

52. Every person who shall, under the provisions of Subsoil section 51, leave a clear intervening space or area between drainage. a new building and the hill-side, shall make the surface of the floor of such area at least twelve inches lower than the level of the basement floor of such new building, and he shall lay, to the full extent of such area, along the toe of the slope of the hill-side, and to a depth of at least twelve inches below the surface, a line of hard, sound, stone-ware field-pipes, of not less than three inches diameter, for the purpose of effectually draining the subsoil of such area, and he shall not cause such subsoil drain to be passed out under the floor of any building, unless any other mode of outlet may be impracticable; and, in such case, he shall cause the subsoil drain to be so laid under the ground floor of such new building, that there shall be a distance of at least nine inches between the top of such drain and the surface of such ground floor.

53. Every area shall be kept, at all times, free and un- Structures obstructed by structures of any kind other than flights of in areas steps, nor shall such area be roofed in, or covered over with prohibited. glass or other material. No bridge or flight of steps shall

be placed over any window opening into such area. Every area, shall be provided with a suitable parapet wall, or safe iron railing, or fence, along its upper edge.

54. Every person who shall erect a domestic building Buildings on upon land which has been obtained from the Crown subse- new Crown

lots. quent to the thirtieth day of May, 1888, shall provide along the entire back of such building, if one storied, a clear space forming a backyard of at least ten feet in width, and if such building be of two or more stories, he shall cause the width of such back-yard to be at least fifteen feet.

55.-(a.) Every existing domestic building must be pro- vided by the owner with an open space in the rear, by open- ing out on each floor one-half of the entire space interven- ing between the principal room or rooms and the main wall at the back of such building as well as the corresponding portion of roof, unless such building is already provided with an open and unobstructed backyard of at least fifty square feet in area, and the building must be provided on every floor with a window of at least ten square feet superficial area opening into such open space. The area of such window shall not be included in calculating the window area required by section 69 of this Ordinance.

Open spaces for existing buildings.

(b.) For the purposes of this section any domestic build- Two ings (other than corner houses) having two main frontages frontages.

in different streets shall be regarded as two domestic build- ings if the entire depth from frontage to frontage exceeds fifty feet.

113

114

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Special

cases.

Obstructions.

Open spaces for new buildings.

Obstructions.

Lanes.

Windows.

Computation of depth of building.

Basements, cellars, &c.

Penalty.

Water- closets,

and urinals.

(c) The Board with the consent of the Governor in Council shall have power, in special cases, to modify the foregoing requirements of this section where such modifica- tion may appear necessary.

(d.) In no case may any obstructions whatever be placed or erected in these open spaces, with the exception of a bridge or covered way on each storey not exceeding three feet six inches in width when such bridge is necessary as a means of access to any part of the domestic building.

56. (a.) Every domestic building hereafter erected (except in cases provided for by section 54 of this Ordi- nance, or coming within the terms of Articles of Agree- ment under the Praya Reclamation Ordinance, 1889) shall be provided by the owner with an open space in the rear in accordance with the following scale :-

Houses not exceeding 40 feet in depth, for

each foot of width

Houses exceeding 40 feet but not exceed-

ing 50 feet in depth, for each foot of width

Houses exceeding 50 feet but not exceed- ing 60 feet in depth, for each foot of width

Houses exceeding 60 feet in depth, for each

foot of width

An open space not less than

8 square feet.

.10 square feet.

.12 square feet.

..14 square feet.

(b.) In no case may any obstructions whatever be placed or erected in these open spaces, with the exception of a bridge or covered way on each storey not exceeding three feet six inches in width when such bridge is necessary as a means of access to any part of the domestic building, and the building must be provided on every floor with a window of at least ten square feet superficial area opening into such open space.

The area of such window shall not be included in calculating the window area required by section 69 of this Ordinance :

(c.) Provided always that when the owners of a block of buildings agree to make and do make a lane opening at both ends upon a public thoroughfare and free from obstruc- tion throughout both vertically and horizontally, the foregoing requirements shall be modified as follows:- Houses not exceeding 40 feet in depth a

lane not less than

Houses exceeding 40 feet but not exceeding

6 feet wide.

50 feet in depth a lane not less than...... 8 feet wide. Houses exceeding 50 feet but not exceeding

60 feet in depth: a lane not less than......11 feet wide. Houses exceeding 60 feet in depth: a lane

not less than

13 feet wide.

(d.) The buildings must be provided on every floor with a window of at least ten square feet superficial area opening into such lane. The area of such window shall not be included in calculating the window area required by section 65 of this Ordinance.

(e.) In computing the depth of a domestic building for the purposes of this section the depth of the kitchen shall be included in the computation of such depth in every case except when such kitchen is separated from the principal room or rooms of such building by an open backyard of at least six feet in depth extending the entire width of the back of such building and unobstructed except by a bridge on each floor not more than three feet six inches wide.

Basements and Cellars.

57.-1.) It shall not be lawful, without the written per- mission of the Board, to live in, occupy or use, or to let or sublet, or to suffer or permit to be used for habitation or for occupation as a shop, any kitchen, out-house, cellar, vault, underground room, basement, or room, any side of which abuts on or against the earth or soil.

(2.) Any person contravening any provision of this sec- tion shall be liable to a penalty not exceeding twenty-five dollars.

Water-closets and Latrines.

53. No person shall construct, except in a hospital, any water-closet or urinal having any communication with any public sewer or private drain, without the per- mission of the Board, and any existing water-closets

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

or urinals so communicating shall be removed by the owner upon his being required by the Board to effect such removal,

59. Every factory, refinery, distillery, godown, or other Privies in industrial establishment whatsoever, employing a number factories or of persons, shall be provided by the owner thereof with other proper privy accommodation on the premises, to the satis- establish-

faction of the Board.

industrial

ments.

60. No public latrine shall be erected until the previous Sanction of sanction of the Board in writing has been obtained.

the Board to be obtained The Board shall not incur any legal liability in respect before erec- of having granted such sanction, nor shall such sanction tion of public protect the owner of any public latrine from any liability to latrine. an injunction or other legal proceedings should the latrine Effect of be at any time so conducted as to become a nuisance, tion. or its erection be contrary to agreement or be otherwise wrongful.

such sanc-

61. When, in the opinion of the Board, additional Application public latrine accommodation is required in any locality, by Board for

a public the Board may apply in writing through its secretary to latrine. the Governor through the Colonial Secretary specifying the site (upon Crown land) upon which it desires the erection of a public latrine, and the accommodation to be provided by such latrine.

to erect

62. If such application shall be approved of by the Notification Governor a notification shall be published, in English and of intention Chinese, in three successive numbers of the Gazette, speci- latrine. fying the site and that the Government proposes to erect thereon a public latrine.

63. If any owner or occupier of property in the imme- Objections. diate vicinity of such site objects to such erection, such objection must be sent in writing to the Colonial Secretary so as to reach his office not later than one week after the publication of the last of such notifications.

Such objection must state the reasons and specify the property with regard to the ownership or occupation of which such objection is made and the interest therein of the objector.

04. If such objection in so duly made and is not with- Resolution of drawn, the Government shall not be entitled to claim the the Legisla- immunity conferred by section 65 of this Ordinance, unless, tive Council

where objec- after such objection has been considered, a resolution of tion is made the Legislative Council is passed approving of the site and the erection thereon of such latrine.

suit to be

65. Where such resolution as in mentioned in the pre- No injunc- ceding section has been passed or where no objection has tion to be been so duly made or has been withdrawn, no injunction granted or shall be granted against the erection, continuance or use of brought in such latrine nor shall any suit be brought for damages or certain cases. compensation in respect of such erection, continuance or

use.

trines.

66. The immunity with regard to injunctions and suits, Existing conferred by section 65 of this Ordinance, is, hereby, extend- Government ed to all the Government public latrines existing at the public la time of the commencement of this Ordinance, as fully as if the resolution in the said section referred to had been passed in their case.

67. The Board shall have the control and management Board to con- of all latrines erected under the provisions of this Ordi- trol latrines.

Saving of nance, or protected thereby, and any bye-laws relating to bye-laws. public latrines, for the time being in force, shall apply to all Government public latrines including any which may be erected under the provisions of this Ordinance.

clause.

68. Nothing in this Ordinance contained relating to Saving public latrines shall, in any way, be deemed to derogate from any existing rights or powers of the Goverument.

Windows, Cubicles, and Mezzanine floors.

69. Every person erecting a new building shall provide Windows in every habitable room therein with one window, at least, rooms, opening directly into the external air, and he shall cause the total area of such window or windows, clear of the window frame, to be at least one-tenth of the floor area of every such room.

115

116

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Require- ments as to cubicles.

Mezzanine floors and cocklofts.

70. The following requirements shall be observed with regard to cubicles and partitions:-

(a.) In domestic buildings fronting streets of a width of less than fifteen feet, no cubicles or partitions shall be erected, or if already existing shall be allowed to remain, except on the top floor. (b.) In domestic buildings fronting streets of a width of fifteen feet or over, no cubicles or partitions other thau["ping fung" (ie., shop divisions) shall be erected, or if already existing shall be allowed to remain, on the ground floor, and in the case of every such "ping fung" there must be a space between the top thereof and the ceiling or under side of the joists of the room of not less than four feet, which may be closed in only by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two- thirds open and as far as practicable evenly dis- tributed.

(c.) No cubicles or partitions shall be erected, or if already existing shall be allowed to remain, in any kitchen.

(d.) Where one cubicle only is hereafter erected or already exists in any room of a domestic building, no portion of the structure of such cubicle shall exceed eight feet in height; where two cubicles only are so erected or exist, no portion of the structure of either of such cubicles shall exceed seven feet in height; where more than two cubi- cles are so erected or exist, no portion of the structure of any such cubicles shall exceed six feet in height. In all cases, however, there must be a space between the top of every portion of the structure of such cubicles and the ceiling or under side of the joists of the room of not less than four feet, which may be closed only by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed. (e.) No cubicles whatever shall be erected in any room of a domestic building, or if already existing shall be allowed to remain, unless such room is provided with a window or windows opening di- rectly into the external air and having a total area clear of the window frames of at least one-tenth of the floor area.

(f.) No portion of the structure of any cubicle except the necessary corner posts shall be nearer than two inches to the floor of such cubicle, and no structure shall be erected, or if already existing shall be allowed to remain, within any cubicle, which is of a greater height than the maximum height allowed by this section for any portion of the structure of such cubicle or which provides a cover or roof to the cubicle.

(9.) No partition shall be erected, or if already exist

ing shall be allowed to remain, nearer than four feet to any window the area of which is included in calculating the window area specified in sub- section (e.).

(h.) No cubicle used for sleeping purposes shall have a less floor area than sixty-four square feet, and a less length or width than seven feet.

For the purposes of this section every sub-division of a domestic building, unless such sub-division has a window or windows opening directly into the external air and hav- ing a total area clear of the window frames equal to one- tenth of the floor area of such sub-division, shall be deemed to be a cubicle.

71.-(a.) It shall not be lawful to erect, or if already existing to allow to remain, in any room of any domestic building, any mezzanine floor or cockloft whatsoever, except under such regulations as may be made by the Board with the consent of the Governor in Council and published ithe Gazette, and the Board with the consent of the Governor in Council shall have full power to vary, alter and repeal any such regulations, and to substitute new regulations therefor.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 117

(b.) Every intermediate floor, platform, or landing of a greater length than six feet and of a greater breadth than two feet, which has not a clear space of at least nine feet, measured vertically, both above and below it, and which is not separately provided with a window or windows open- ing directly into the external air and having a total area clear of the window frames of at least one-tenth of the floor area, shall be deemed to be a mezzanine floor or cockloft.

Concreting of Ground Surfaces.

of habita-

72. It shall not be lawful for any person, except care- Prohibition takers not exceeding two in number, to live in or

　　　　　　　　　　　occupy, tion of do- or to suffer or permit any other person, except such care- mestic takers, to live in or occupy any domestic building unless- buildings

until imper-

(a.) The ground surface of such building and of every meable floors

cook house, latrine, or open surface connected provided. therewith, such as back yards, court yards, or other spaces on which slops may be thrown or from which foul waters flow, shall have been properly covered over with a layer of some impervious material to the satisfaction of the Board, or

(b.) The Board shall bave granted permission in

writing to occupy any such domestic building : Provided always that this section shall not apply to any domestic building, cook house, latrine, privy or back yard which has been paved to the satisfaction of the Board in accordance with any existing law or bye-law and which is so maintained.

material over

73. Where the ground surface of any domestic building, Injuries to or of any cook house, latrine, or open surface connected impermeable therewith, such as back yards, court yards, or other spaces ground on which slops may be thrown or from which foul waters surface. flow, is or has been paved or covered over with impervious material to the satisfaction of the Board, and such material has been subsequently broken, excavated or otherwise disturbed, the landlord or owner shall make good the same to the satisfaction of the Board upon the comple- tion of any work for the execution of which the same has been broken or otherwise disturbed, or within seven days from the receipt by him of written notice from the Board so to do, and in default thereof he shall be liable to a penalty not exceeding twenty-five dollars for each offence and to a further penalty not exceeding ten dollars for each day after such conviction during which such offence continues.

floors.

74. The floor of every arca and of every basement story Paving of shall be properly asphalted, paved, or covered over with a area and layer of good lime or cement concrete at least six inches thick, and shall be finished off smooth with not less than two inches of cement concrete. The floor of every such area shall have a fall, from the external wall of such building towards the face of the hill-side, of at least half an inch to the foot.

Overcrowding.

75. Every domestic building and any part thereof found Overcrowd- to be inhabited in excess of a proportion of one adult for ing defined. every thirty square feet of habitable floor space or super- ficial area and four hundred cubic feet of clear and un- obstructed internal air space shall be deemed to be in an overcrowded condition.

ed.

76.-(1.) It shall not be lawful for any householder Overcrowd- or tenant to let or sub-let or allow to be used for occupa- ing prohibit- tion any domestic building or any part thereof to or by so large a number of persons as to cause the same to be in an overcrowded condition.

(2.) The householder or tenant (together with his family, if any,) if resident in any such domestic building shall be counted in ascertaining whether such building or

hy part thereof is in an overcrowded condition.

(3.) Where any domestic building or any part thereof is ascertained to be in an overcrowded condition between the hours of 11 p.m. at night and 5 a.m. on the following morning such overcrowding shall be deemed to be primâ facie evidence that such building, or part thereof was let or sub-let in contravention of this section.

118

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Steps to be taken to abate over- rowding.

Magistrate may make order.

Inspection.

Common kitchen not

to be used as a sleeping

room.

Calculation

77.-(1.) If any tenement-house, or other domestic building, or portion thereof, shall be found to be in an over- crowded condition, the Board shall, by a written notice, require the tenant of the same, or any portion thereof, and also, if necessary, the householder, to abate such overcrowd- ing, within a period of one week; such notice shall specify the cubic capacity available for habitation in such tenement- house, or other domestic building, and the number of persons which may be legally accommodated therein. If the said notice be not obeyed, it shall be lawful for the Board to apply to a Magistrate, who, on sufficient cause shown, shall summon before him the tenant or occupier of such dwelling-house, or such householder.

(2.) If the person summoned admits, or if it be proved to the satisfaction of the said Magistrate that the said house is overcrowded, the Magistrate shall make an order for the abatement of the nuisance forthwith, and

　　　　　　　　　may inflict a penalty not exceeding twenty-five dollars.

(3.) On the hearing of the said matter, the Magistrate may make such order for the inspection, at any hour of the night or day, of the said house, as the circumstances of the case may require. Such order to continue in force for a period not exceeding one month.

78. Any room of a tenement-house used as a common kitchen shall not be used as a sleeping room, and the house- holder, or tenant thereof, shall be responsible that such common kitchen is not so used, nor shall any passage, lobby, or other place, partitioned off from any sleeping room to the height of the ceiling, be included in the calculation of the cubic capacity for human habitation.

79 In the calculation of cubic space, for the purposes of cubic space of this Ordinance, two children ten years, or under ten years of age, shall be counted as one person, and every person over ten years of age shall be considered as an adult.

in case of children.

Limit of fittings for sleeping accommoda-

tion

Common lodging- house.

Penalty for false state- ments.

Access to

common

lodging- houses.

Domestic

buildings to be approved.

Maintenance

80 No room fitted with bunks or beds shall be so fitted as thereby to provide sleeping ace mmodation for a greater number of persons than are by law permitted to occupy the

room.

Common Lodging-houses.

81. No person shall open, or keep open, a common lodging-house, unless the house is registered and the keeper thereof is licensed by the Registrar General. If any per- son, who opens or keeps open any common lodging-honse contrary to the provisions of this Ordinance, cannot be found, or if the keeper of any common lodging-house which is opened or kept open contrary to the provisions aforesaid is absent from the Colony, the householder as defined by this Ordinance shall be deemed to be the person who opens or keeps open such house and shall be liable accordingly.

82. Any person who shall, in making application for the registration or licensing of a commou lodging house, know- ingly make any false statement regarding any of the par- ticulars required to be stated in such application, shall be liable to a penalty not exceeding twenty-five dollars.

83. The keeper of a common lodging-house, and every other person acting in the care or management thereof, shall, at all times, when required by any officer of the Board, give him free access to such house, or any part thereof, and any such keeper, or person, who refuses such access shall be liable to a penalty not exceeding twenty-five dollars.

Approval of Domestic Buildings.

84. No person who shall erect a domestic building shall allow the same or any portion thereof to be occupied, until such building shall have been previously examined by an officer of the Board, duly authorized by the Board, and certified by such officer as having been built in compliance with the entire provisions of this Ordinance.

Private Streets.

　　5. Every street on private land, in the rear of domestic and lighting buildings, shall be and shall be kept concreted, channeiled, of private

drained, and may if the Director of Public Works thinks fit be provided with lighting apparatus by the Government, at the expense of the owners of the land abutting on such

back streets.

འ

✩

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 119

street, and the several owners of such land shall bear the cost of such concreting, channelling, draining and providing of such apparatus in proportion to the width of their re- spective land at the place where it abuts on such street, and the Government may recover such proportionate cost, to- gether with interest thereon at the rate of eight per cent. per annum from the date of demand for payment of such proportionate cost made by the Director of Public Works from any such owner, by a suit in the name of the Director of Public Works in the Summary Jurisdiction of the Supreme Court. The cost of the illumination of such street shall, however, be borne by the Goverument.

All household refuse shall be regularly removed by the Government from every such street.

lanes.

86. Every street on private land, upon which domestic Private buildings front shall, if it does not fall within the provisions streets and of the immediately preceding section of this Ordinance, be and be kept surfaced, channelled, drained, and may if the Director of Public Works thinks fit be provided with lighting appa- ratus by the Government, at the expense of the owners of the land abutting on such street, and the several owners of such land shall bear the cost of such surfacing, channelling, draining, and providing of lighting apparatus, in proportion to the width of their respective land at the place where it abuts on such strect, and the Government may recover such proportionate cost, together with interest thereon at the rate of eight per cent, per annum from the date of demand for payment of such proportionate cost made by the Director of Public Works, from any such owner by a suit in the name of the Director of Public Works in the Summary Jurisdiction of the S preme Court. The cost of the illu- mination of such street shall, however, be borne by the Government.

Recovery of expenses by the Board.

the Board.

87. All reasonable expenses incurrel by the Board in Reimburse- consequence of any default in complying with any order or ment of ex- notice issued under the provisions of this Ordinance shall penses to be deemed to be money paid for the use and at the require- ment of the person on whom the said order or notice was made, and shall be recoverable from the said person in the ordinary course of law at the suit of the secretary. The provisions of this section shall apply to any orders or notices issued by the Board or by any duly appointel com- mittee of the Board, under any bye-laws in force for the time being.

88. The provisions of the Crown Remedies Ordinance, Recovery of 1875, shall apply to the recovery of all such expenses, and expenses. the certificate required by that Ordinance shall be signed by the secretary.

Contraventions and Penalties,

89. Every act, failure, neglect, or omission whereby any Contraven- requirement or provision of this Ordinance or of any bye- tions. law, for the time being in force thereunder, is contravened, and every refusal to comply with any of such requirements or provisions shall be deemed a contravention of this Ordi-

Dance.

tion where no

other penalty specially provided.

90. Any person

who shall contravene any of the Penalty for requ rame its of this Ordinance, or of any bye-law for the contraven- time being in force thereunder, in respect of which no pen- alty is spcially provided, shall be liable to a penalty not exceeding fifty dollars, and in any case where, in the opi- nion of the Magistrate, the contravention is likely to be continued, the Magistrate may require such person to comply with this Ordinance, or with any bye-law in force thereunder, within such time as he may direct and may inflict a further penalty not exceeding five dollars for every day after such date, during which such person shall fail so to comply.

Where such contravention is committed by any company Liability of or corporation the secretary or manager thereof, for the secretary or time being, may be summoned and shall be held liable for manager of such contravention.

company.

91. (1.) All penalties imposed by this Ordinance or Recovery of by any bye-laws thereunder may be recovered in a sum- penalties. mary manner before a Magistrate at the suit of the medi-

cal officer of health, or of the secretary of the Board, or of such other officer as the Board may depute.

120

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Proceeding against several

persons.

Closure of premises.

Power to order re- moval of

illegal structures.

Certificates,

&c.

(2.) Such Magistrate may order that, in default of pay- ment of any penalty imposed by him under this Ordinance, the person so in default shall be imprisoned with or without hard labour for a period not exceeding that provided by the scale contained in section fifty-seven of the Magis- trates Ordinance, 1890.

92. Where proceedings under this Ordinance are com- petent against several persons in respect of the joint act or default of such persons, it shall be sufficient to proceed against one or more of them without proceeding against the others.

Special powers of Magistrate.

93. It shall be lawful for a Magistrate in his absolute discretion to order the whole or any portion of any building, or of any room containing a cubicle or partition, to be forth- with closed by or under the direction of the Captain Super- intendent of Police and to remain closed until the alterations or removal required by sections 55 and 70 of this Ordinance have or has been certified in writing by the Board to have been made and completed to the satisfaction of the said Board. Any person found living in any building or portion thereof so closed as aforesaid, shall be deemed to have acted in contravention of this Ordinance and shall be punishable accordingly.

94. It shall be lawful for a Magistrate in any case in which it is proved to his satisfaction that

　　　any mezzanine floor, cockloft, cubicle, partition or "ping fung" is not in accordance with the provisions of this Ordinance to order, either in addition to or in substitution for any penalty specified in this Ordinance, the immediate demolition, removal, and destruction by any officer of the Board of any such mezzanine floor, cockloft, cubicle, partition or "p'ing fung", or any portion thereof, and no compensation what- ever shall be payable to any person in respect of any damage done to such mezzanine floor, cockloft, cubicle, partition or "p'ing fung" by such demolition, removal, and destruction.

Certificates.

95. Certificates and written permissions of the Board under this Ordinance or any bye-law may be given under the hand of the secretary or such other officer as the Board

may appoint in that behalf. Such certificates and permits shall for all purposes be primâ facie evidence of the mat- ters therein stated.

Application of this Ordi-

nance.

Government buildings, &c.

Application

of certain sections.

Application of sections 72 and 73.

Application of Ordinance.

96. This Ordinance shall not apply to any part of the New Territories except to New Kowloon unless and until the Governor shall, by order in council notified in the Gazette, otherwise direct.

97. The provisions of this Ordinance shall not apply to, buildings or wells belonging to the Colonial Government or to buildings or wells upon any land vested in any person on behalf of the Naval or Military departments of Her Majesty's Service.

98. The provisions of sections 55, 56, 70, 71, 80, 85, 86, 93 and 94 shall not apply to the Hill District.

99. The provisions of sections 72 and 73 of this Ordi- nance shall apply to all domestic buildings hereafter erected, and to all such existing domestic buildings as are situated within the boundaries of the City of Victoria, or are situated at Kowloon Point, Hunghom, Yaumati (including so much of Kowloon as lies to the south of a line drawn from the Pumping Station at Yaumati through the Police Station at Hunghom to the boundary of War Department Property), and the village of Taikoktsui, and within such other dis- tricts or places in this Colony as may from time to time be defined by the Governor in Council and notified in the Gazette.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 121

Number and Year

of Ordinance.

SCHEDULE A.

ENACTMENTS REPEALED.

Short Title.

Extent of Repeal.

Ordinance 24 of 1887

1 of 1890

The Public Health Ordinance. An Ordinance to appoint an additional member on the Sanitary Board.

The whole.

of 1890

Amendment of Public Health

Ordinance.

The whole.

26 of 1890

Amendment of Public Health

Ordinance.

The whole.

II of 1891

The Latrine Ordinance.

The whole.

12 of 1891

Amendment of Public Health

Ordinance.

The whole.

5 of 1894 An Ordinance to remove doubts The whole. as to the validity of certain Bye-laws made by the Sani- tary Board, and for other purposes.

15 of 1894 The closed houses and insa- nitary dwellings Ordinance.

4 of 1895 Amendment of Public Health

Ordinance.

9 of 1895 Medical Officer of Health Or-

dinance.

All except sections 1, 2, 12, 18, 19 and

20.

The whole.

II of 1895 The Sanitary Committees Or-

dinance.

The whole.

8 of 1897 The Government Latrine Or-

The whole.

Ginance.

16 of 1899 Amendment of Public Health

Ordinance.

The whole.

34 of 1899 Insanitary Properties Ordi-

nance.

All except sections 1, 2,

6, 13 and 14.

6 of 1900 Amendment of Public Health The whole.

Ordinance.

SCHEDULE B.

Note. In these bye-laws the expression the Public Health Ordi-

nance, means the Public Health Ordinance, 1901.

BYE-LAWS.

BAKE-HOUSES.

1. All premises now used or hereafter used as a bake-house shall be registered annually, during the month of January, at the office of the Board, and every application for registration shall be made in the form attached to these bye-laws.

2. The ground surfaces of every existing bake-house shall, within three months of the date of its first registration, be paved to the satisfaction of the Board with good lime or cement concrete laid down at least six inches thick, and the surface thereof shall be rendered smooth and impervious with asphalt, portland cement, or such other material as the Board may approve of.

The ground surfaces of every future bake-house shall, before the premises are used as a bake-house. be paved to the satisfaction of the Board with good lime or cement concerte laid do at least six inches thick, and the surface thereof shall be rendered smooth and impervious with asphalt, portland cement, or such other material as the Board may approve of.

3. Every bakc-house shall have an ample supply of good potable water and, except with the special permission of the Board, this water shall be laid on to the bake-house from the public water mains. 4. Every bake-house shall be so drained as to be in accordance with the requirements of the Public Health Ordinance and the bye- laws made thereunder and, wherever practicable, the inlets to the drains shall be placed outside the rooms in which baking opera- tions are carried on.

5. No water-closet, dry-closet. earth-closet, nor urinal shall be within or in direct communication with any bake-house.

6. Every bake-house shall be kept at all times in a cleanly condi tion and free from all noxious matter. The troughs, tables and utensils in use in the bake-house shall be thoroughly cleansed and the floors properly swept at least once in every twenty-four hours. The whole of the interior walls and the ceilings of the rooms of the bake-house shall be properly limewashed and the wood work tho- roughly scrubbed with soap and water during the first and seventh months of each year.

7. No animals shall be kept in a bake-house.

122

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY," 1901.

8. No person suffering from any infectious or contagious disease shall be permitted to take part in the manufacture or sale or delivery of bread or biscuits.

9. Every bake-house shall be, during the hours at which baking operations are carried on, open to inspection by the Medical Officer of Health or any of the Board's officers duly deputed by him.

10. No person other than a caretaker shall pass the night in any room used as a bake-house, or in any of the rooms used for the pre- paration or storage of the food prepared in such bake-house, except such person be at the time actively engaged in carrying on the work of the bakery.

11. No premises which are not used as a bake-house at the time of the approval of these bye-laws shall be used for such purpose, until the premises have been approved by the Board as being in accord- ance with the bye-laws for the time being in force relating to the regulation of bake-houses, and have been registered.

Form of application.

I, the undersigned, hereby notify the Sanitary Board that I propose the business of a public bakery on the premises known as

No.

commence continue

Lot No.

Street,

floor,

and I beg leave to request that the said premises may

be duly registered as a public bakery.

Signature of Applicant.

BASEMENTS.

1. The conditions under which alone it shall be lawful to live in occupy, or use, or to let or sublet, or to suffer or permit to be used for habitation any cellar, vault, underground room, basement or room, any side of which abuts on or against the earth or soil, shall be that (1) such cellar, vault. underground room, basement or room fronts on a street which is of a clear width of not less than eight feet free from any vertical obstruction whatever, and (2) that such cellar, vault, underground room, basement or room is provided with one window at least opening into the external air and that the total area of such window or windows clear of window frames shall be at least one-tenth of the floor area of such cellar, vault, underground room, basement or room, and (3) that no side of such cellar, vault, under- ground room, basement or room abuts against the earth or soil to an average height exceeding four feet above the floor level, and (4) that throughout the remainder of the height of such cellar, vault, under- ground room, basement or room the ground outside is at least four feet distant horizontally from the external wall of such cellar. vault, underground room, basement or room, and (5) that the area formed between such ground outside and such external wall is not obstruct- ed or covered over either wholly or partially by the erection of structures, coverings or fixtures of any kind whatsoever: Provided always that the Board may, if it thinks fit, grant permission in writing to obstruct or cover such area in any manner which may be previously approved by the Board.

2. The conditions under which alone it shall be lawful to occupy or use, or to let or sublet, or to suffer or permit to be used for occup- ation as a shop any cellar, vault, underground room, basement or room any side of which abuts on or against the earth or soil shall be that such cellar, vault, underground room, basement or 100m com- plies with the provisions of the preceding bye-law, or that such cellar, vault, underground room, basement or room fronts on a street of a clear width of not less than eight fect free from any vertical obstruc- tion whatever, and that such cellar, vault, underground room, base- ment or room does not cxceed thirty feet in length, as measured from the front wall to the back wall.

Such shop may not be used for habitation except by such a person or by such number of persons as the Board may authorize in writing, and in every case in which the Board authorizes any person or persons to use for habitation any such shop, sleeping accom- modation shall be provided by the erection of a cockloft or banks, which shall have a clear sp.ce of at least four feet between it or them and such side or sides of the cellar, vault, underground room, basement or room as abuts or abut against the earth or soil.

CATTLE-SHEDS, FIG-STIES, ETC.

1. Annual licences expiring on the 31st day of December of the year in which they are granted shall be issued for the keeping of cattle, swine, sheep and goats.

2. Any person desirous of obtaining a licence to keep cattle, swine sheep or goats shall make application to the Board by means of a properly filled-in form, for which purpose blank forms can be obtained from the Secretary of the Board at his Office.

3. No building in which cattle, swine, sheep and goats are housed shall be situated nearer than six feet to any dwelling-house and shall not in any way connect with a public or private sewer except with the special permission of the Beard. Such building shall be lighted and ventilated to the satisfaction of the Board and the flooring thereof shall be of granite slabs, concrete, or other impervious inaterial and provided with water-tight channels for draining all urine and fluid noxious matters into a water-tight covered sump or such other place as may be approved of by the Board. The sump shall be constructed to the satisfaction of the Board and shall be emptied and the contents thereof together with solid manure in the building removed daily.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 123

4. Each cow shall have at least twenty-four square feet nett area of standing room and three hundred and sixty cubic feet of air-space but in no case shall the building be less than twelve feet in height.

5.-(a.) Each sheep and goat shall have at least eight square feet

of standing room and ninety cubic feet of air-space. (b.) Each pig shall have at least eight square feet of standing room, and every pig-sty shall be not less than four feet in height at its lowest part, and shall be thoroughly vent- ilated to the satisfaction of the Board.

6. The buildings shall be at all times kept in a cleanly condition and the walls be scraped and lime-washed at least once every six months.

7. A building for which a licence is held to house cattle, swine, sheep or goats shall not be used for any other purpose than the housing of such animals except the storage of fodder, and the space occupied by such fodder shall not be included in the cubic air-space laid down in bye-laws 4 and 5.

8. Buildings in which cattle, sheep, goats and swine are housed shall be at all times open to inspection by members of the Board or any of the Board's officers.

9. Every licensee or, in his absence. the person in charge of the animals shall, with all possible speed, report to the officer in charge of the nearest Police Station any and every case of disease, occurring amongst his animals. In the event of an animal dying the carcase shall not be removed or buried without an order in writing from an Inspector of Live-Stock or from some person authorized by him.

10. The Board may, in its discretion, cancel any licence to keep animals on the holder of such licence being a second time convicted before a Police Magistrate for a breach of these bye-laws.

11. In the calculation of cubic space under No. 4 of these bye-laws, two calves-under one year-shall be counted as one cow.

12. In the calculation of cubic space under No. 5 of these bye-laws, two lambs, two kids and two young pigs-under four months-shall be counted as one sheep, one goat, and one pig respectively.

13. Any person desirous of obtaining a licence for a building in which animals are to be housed shall make adequate provision that such building shall have a suitable supply of good wholesome water for the use of the animals to be housed therein, and such supply of water shall be within such distance of such building as shall in cach case be determined by the Board.

CEMETERIES.

Cemeteries other than Public Chinese Cemeteries.

1. Every cemetery shall be at all times open to inspection by members of the Board and any of its officers who may be directed to make such inspections.

2. Each grave shall bear a number.

3. A register shall be kept by the person or persons in charge of each cemetery, at or near each cemetery and the date of burial, name, sex, age and registered cause of death of each person shall be entered therein against the number of the grave in which the corpse is interred; such register shall be open to inspection by any member of the Board, or by any officer of the Board who may be directed to make such inspection, at any reasonable hour.

4. Each grave shall be dug to at least a depth of seven feet throughout.

5. Except as regards the corpses of children under five years of age, only one corpse shall be placed in one grave. In the case of the corpses of children under five years of age two corpses may be placed in one grave.

6. The interspace between any two graves at any point shall be at least eighteen inches.

7. Each grave on being filled in shall be properly covered with turf or chunam or such other material as may be approved of by the Board.

8. No grave may be re-opened after a corpse has been interred therein. without the written permission of the Medical Officer of Health or other officer duly appointed by the Board for that purpose. 9. The person in charge of each cemetery shall give not less than two hours' notice to the Overseer, or other officer of the Board duly appointed for the purpose, of intention to inter a corpse and the hour at which it is proposed that such interment shall take place.

Public Chinese Cemeteries.

10. Each cemetery shall be laid out in sections of such size and arranged in such manner as may be directed by the Board.

11. A plan of the cemetery or a tracing thereof as laid out shall be on view at or near to the cemetery and at the offices of the Board.

12. The plan shall show the position of each grave-space in each section and every such grave-space shall bear a number.

13. A register shall be kept in the English and Chinese languages at or near each cemetery and the date of burial, name, sex, age and registered cause of death of each person shall be entered therein against the number of the grave in which the corpse is interred.

14. Except as regards the corpses of children under five years of age, only one corpse shall be place in one grave. In the case of the corpses of children under five years of age two corpses may be placed in one grave.

15. Each grave on being filled in shall be covered with turf, chunam or such other material as may be approved of by the Board.

124

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

16. No grave may be re-opened after a corpse has been interred therein, without the written permission of the Medical Officer of Health or other officer duly appointed by the Board for that purpose. 17. The following fees will be charged for each grave-space and interments in the various sections of the cemeteries.

Section A. Free.

Fifty cents for digging, filling in

and covering each grave.

B. $1 and a dollar

C. $ 2

do.

D. $ 10

do.

E. $ 15

do.

for digging, filling in and

covering each grave.

COCKLOFTS.

1. Under the provisions of the Public Health Ordinance, it is unlaw- ful to erect, or if already existing to allow to remain, in any room of any domestic building, any mezzanine floor or cockloft what- soever which is not in accordance with the following regulations :-

(a) No mezzanine floor or cockloft shall be erected, or if already. existing be allowed to remain, without the permission in writing of the Board.

(b) No mezzanine floor or cockloft shall be situated in any floor

other than the ground or the top floor of the building. (c) No mezzanine floor or cockloft shall be erected, or if already existing be allowed to remain, except in a building which is constructed, ventilated, lighted and maintained in a sanitary condition to the satisfaction of the Board. (d) No mezzanine floor or cockloft shall extend over more than one half of the floor area of the room and every mezza- nine floor or cockloft shall have a clear space below every part of it of not less than nine feet measured vertically. No mezzanine floor or cockloft shall obstruct any doorway or window situated in an external wall.

(e) The space above a mezzanine floor or cock loft shall not be used for sleeping purposes unless such space measures an average of not less than nine feet vertically.

() The space above and below such mezzanine floor or cockloft shall not be enclosed except by wire netting, lattice work or carved woodwork, arranged in such a way as to leave at least two-thirds open, and as far as practicable evenly distributed.

(g) No mezzanine floor or cockloft shall be erected. or if already existing be allowed to remain, in any room which con- tains one or more cubicles or partitions.

(h) No cubicle or partition shall be erected, or if already exist- ing be allowed to remain, on any mezzanine floor or cockloft.

(i) No mezzanine floor or cockloft shall be erected, or if already

existing be allowed to remain, in any kitchen:

Provided that any existing cockloft, for which a permit in writ- ing has been issued by the Board in accordance with Gov- ernment Notifications 373 and 407 of 1895, shall be allowed to remain, subject to the conditions of such permit.

COMMON LODGING-HOUSES.

1. A register of all common lodging-houses shall be kept by the Registrar General in accordance with Form (u) appended to these bye-laws.

2. Before a house can be registered as a common lodging-house, an application must be made to the Registrar General in accordance with Form (b) hereunto appended, setting forth the situation of the house, the number of the rooms to be set apart for lodgers and the cubic capacity of each room so set apart, and for this purpose the schedule or form will be furnished by the Registrar General.

3. The Registrar General shall transmit each application for the registration of a house ss a common lodging-house to the Board, and the Board shall then cause the house specified in such : p- plication to be inspected by one or more of its officers who shall submit a report to the Board on the sanitary condition of such house. and its suitability for use as a common lodging-house.

4. Any house to be registered as a common lodging-house must be substantially built and in a good state of repair, the floors must be paved with tiles or cement concrete or with lime concrete ren- dered with one inch of l'ortland cement or boarded with planks close jointed, and all the rooms which are to be used as sleeping rooms must be on all sides above the level of the ground immediately surrounding the house. The house-drains must be in good order and constructed in accordance with the bye-laws regulating house drainage, there must be adequate kitchen, ablution, privy, urinal and ash-bin accommodation to the satisfaction of the Foard ; and unless when the supply of water is constant, there must be a proper cistern for the storage of water.

5. When the Roard is satisfied that a house sought to be regis- tered as a common lodging-house is suitab e for such a purpose. it shall inform the Registrar General accordingly who may then register such bouse as a common lodging-house.

6. Eefore any person can be licensed as a keeper of a common lodging-house, an application must be made to the Registrar General, and such application must be accompanied by a certificate of character from one or more house-holders-to be approved of by the Registrar General,--who shall give security for the carrying out of the regulations by the licensed keeper.

7. When the Legistrar General is satisfied with the character of an applicant for a licence to keep a common lodging-house he may issue a licence to such applicant accordingly.

8. The keeper of a common lodging-house shall reduce the number of lodgers in any room of his common lodging-house upon receiving notice in writing from the Board stating the cause for making such reduction, and the period for which it shall continue in force.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

9. The keeper of a common lodging-house shall not permit his premises to be occupied, between the hours of 11 p.m. and 5 a.m., by a greater number of persons than that specified on the licence issued to him by the Registrar General.

10. The keeper of a common lodging-house shall not permit males and females above ten years of age respectively to occupy the same sleeping apartment except in the cases of husband and wife, and parents and children, and he shall not allow any person to occupy his house for immoral purposes.

11. The keeper of a common lodging-house shall not knowingly permit persons of bad character to lodge in his house and he shall maintain and enforce good order and decorum therein; and he shall also keep a register of the name, occupation and native place of each lodger.

12 The keeper of a common lodging-house shall cause the windows of each of the sleeping rooms to be kept open to their full width for at least four hours each day, unless prevented by inclement weather or by the illness of any person occupying any of the rooms.

13. The keeper of a common lodging-house shall cause the internal walls and ceilings of every part of his house to be thoroughly cleansed and lime-washed during the sixth and twelfth months of the Chinese year.

14. The keeper of a common loding-house shall at all times keep his premises in a clean and wholesome condition, and the fittings of the sleeping rooms shall be maintained by him in a thorough state of repair. He shall cause every room, passage and stair to be tho- roughly swept at least once a day.

15. The keeper of a common lodging-house shall cause all filth and house refuse or other offensive matter to be removed from his premises daily.

16. If any person in a common lodging-house becomes ill from any infectious, contagious, or communicable disease, the keeper of such common lodging-house shall forthwith give notice thereof to the Inspector of Nuisances in whose district the lodging-house is situated, or to the nearest Police Station or to the Registrar General, and the keeper of such common lodging-house shall cause the house to be vacated and shall allow the bedding, clothing, and other articles used by the infected person to be destroyed or disinfected and the house to be fumigated. disinfected and lime-washed, at the public expense, in such manner as the Board may direct.

Form (a).

Form of Common Lodging-House Register.

1,25

Form (b).

Application for a house to be registered as a common lodging-house.

• ' 1, the undersigned, hereby make application to have the under-

mentioned premises registered as a common lodging-house.

Hongkong,

Signature of Applicant, Address,

Situation of premises sought to

be registered as a common

lodging-house.

.......

The number of floors to be

used as a common lodging-

house,

The number of rooms set apart for lodgers,

Cubic capacity of room No. 1.................

cubic feet.

Do.

do.

No. 2,.

do.

Do.

do.

No. 3,.

do.

Do.

do.

No. 4,

do.

Do.

do.

No. 5,.

do.

Do.

do.

No. 6,.........

do.

To the Registrar General.

ing Officer.

126

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

CONCRETING.

1. The material to be used for covering the ground surface of all domestic buildings shall be good lime or cement concrete at least 6 inches thick, finished off smooth to the satisfaction of the Board: Provided always that the Board may in its discretion exempt the owners of existing domestic buildings, the floors of which have a space between the ground floor and the ground surface, from carry- ing out the requirements of this bye-law.

2. The material to be used for covering the ground surface of every cook-house, latrine, back-yard, court-yard, or other space on which slops may be thrown, shall be good lime or cement concrete or other impervious material to the satisfaction of the Board at least six inches thick and in addition such material shall be finished off smooth with not less than two inches of cement concrete of the proportion of one part of cement to four parts of fine broken stone or with granite slabs bedded and jointed in cement mortar or with hard burnt bricks or tiles bedded and jointed in cement mortar, or with such other material as shall be approved of by the Board.

3. The ground surface of every cook-house, latrine, back-yard, court-yard, or other space on which slops may be thrown shall have a fall of not less than half inch to one foot from the walls of the build- ing towards the surface channel or other outlet for the drainage of such surface.

DAIRIES.

1. Any building or part of a building used for the storage of milk intended for sale, or in which milk is sold, shall be deemed to be a dairy within the meaning of these bye-laws.

2. Any building now used or hereafter used as a dairy shall be registered annually, during the month of January, at the office of the Board, and every application for registration shall be made in the form attached to these bye-laws.

3. The ground surfaces of every existing dairy shall, within three months of the date of its first registration, be paved to the satisfac- tion of the Board with good lime concrete laid down at least six inches thick, and the surface thereof shall be rendered smooth and impervious with asphalt, portland cement, or such other material as the Board may approve of, or cement concrete three inches thick floated smooth on the surface may be used.

The ground surfaces of every building which is not in use as a dairy at the time of the passing of these bye-laws shall, before the premises are used as a dairy, be paved to the satisfaction of the Board with good lime concrete laid down at least six inches thick, and the surface thereof shall be rendered smooth and impervious_with asphalt, portland cement, or such other material as the Board may approve of, or cement concrete three inches thick floated smooth on the surface may be used.

4. No person shall use any dairy as a sleeping room domestic purposes.

or for

5. No animal shall be kept in any room which is used as a dairy. 6. Every dairy shall be so drained as to be in accordance with the requirements of the Public Health Ordinance and the bye-laws made thereunder, and the inlets to the drains shall in all cases be placed outside the rooms in which fresh milk is stored.

7. No water-clo et, dry-closet, earth-closet, or urinal shall be within, or be in direct communication with any dairy.

8. Every dairy and all articles used therein shall be kept at all times in a cleanly condition and free from all noxious matter. The whole of the interior walls (unless tiled) and the ceilings of the rooms of the dairy shall be properly lime-washed during the first and seventh months of each year.

9. Every dairy shall be at all times open to inspection by the Medical Officer of Health or any of the Board's officers duly deputed by him.

10. Any building or part of a building which is not used as a dairy at the time of the approval of these bye-laws shall not be used for such purpose, until the premises have been approve by the Board as being in accordance with the bye-laws for the time being in force relating to the regulation of dairies and have been registered.

commence continue

Form of application.

I, the undersigned, hereby notify the Sanitary Board that I pro- pose to

the business of a dairy on the premises known as No." Street,

floor, and I beg leave to request that the said premises may be duly registered as a dairy.

Lot No.

Signature of Applicant.

DEPÔTS FOR ANIMALS.

1. The fee payable for each head of cattle shall be two cents for the day of entry into a Government depôt and a further sum of two cents for every day that such head of cattle remains in such depôt not including the day of entry.

2. The Board provides water only. for the use of the cattle, pigs, sheep, and goats housed in Government depôts. The owners of such animals must provide proper and sufficient food. and must send men in sufficient numbers, to look after, feed and water such animals.

Accommodation for such men is provided on the premises.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 127

3. No cattle. pigs, sheep, or goats shall be removed from a Gov. ernment depôt for any purpose except on a removal order signed by the inspector in charge. Such order shall be granted by the inspector in charge on the production and deposit of the receipt given on ad- mission of the animals and in favour of the person therein named or of any other person on his order, and upon payment of a fee of five cents for each sheep or pig removed unless immediate payment is dispensed with.

DISINFECTION OF INFECTED PREMISES.

1. In the following bye-laws the words "infected premises" mean and include any premises in which any person suffering from any infectious disease is or has been recently located.

The words "infectious disease mean and include Bubonic Plague, Cholera. Small-pox, Diphtheria, Scarlet Fever, Typhus Fever, Enteric Fever. Relapsing Fever, Puerperal Fever, Measles and Whooping Cough and such other diseases as may from time to time be defined by the Board by resolution for the purpose.

2. When any person suffering from any infectious disease has been removed from any premises or has recovered or has died the Medical Officer of Health shall, with the assent of the occupiers of the infected premises, take such steps as he may deem necessary for the disinfection and purification of the said premises.

3. Any building or part of a building in which any person attack- ed by bubonic plague, cholera, small-pox, or such other epidemic. endemic or contagious disease as may be, from time to time, notified in the Gazette, or in which the body of any person who has died of any such disease shall have been, or shall be found, shall forthwith, after the removal therefrom of the diseased person or of the dead body, be thoroughly cleansed and disinfected, to the satisfaction of the Medical Officer of Health; and-if in the opinion of the Medical officer of Health or of any legally qualified and registered medical practitioner it is necessary, in the interests of the public health-the persons residing in such building or part of a building shall be detained therein or shall be removed to such buildings or vessels as the Board may direct and there isolated and kept under observation until such time as they may, in the opinion of the said Medical Officer of Health or other Medical Officer in charge of such buildings or vessels, be safely released; and it shall not be lawful for any person to re-occupy any such building or part of a building until it has been thoroughly cleansed and disinfected as aforesaid.

4. If any article of clothing or bedding or any other article which has been in contact with any person or any dead body in any way affected by any such disease can, in the opinion of the Medical Officer of Health or of an Inspector of Nuisances, be preserved with- out danger to the public health and can be effectively disinfected, then any such article shall be removed from any premises in which it shall be found by coolies hired by any person acting under the instructions of the Board, or of one of its duly authorized officers, with such precautions and in such manner as the said Board shall from time to time direct, and shall be effectively disinfected and then returned to the owner or owners thereof. No person, save as aforesaid, shall handle any such article until it has been disin- fected.

5. If, however, in the opinion, duly certified in writing, of an Inspector of Nuisances or of any other duly authorized officer of the Board, or of a legally qualified and registered medical practitioner, any bedding, clothing, or other article which has been in contact with any person or any dead body in any way affected by any such disease, or which shall have been found upon any premises recently occupied by such person or body cannot be effectively disinfected or ought, in the interests of the public health, to be destroyed then it shall, if the Medical Officer of Health or other officer of the Board duly authorized to act on his behalf, concurs, be destroyed in such manner and in such place and with such precautions as the said Board may from time to time direct.

Bye-laws to be enforced only during the prevalence of an epidemic, endemic or contagious disease in the

Colony or in any district thereof.

6. During the prevalance in the Colony, or in any district there- of, of bubonic plague, cholera, small-pox or such other epidemic, endemic or contagious disease as may be from time to time notified in the Gazette, all receptacles, whether public or private, for excre- mental matter shall be kept thoroughly disinfected by the owner thereof to the satisfaction of the Medical Officer of Health or other duly authorized officer of the Board, by causing to be thrown into every such receptacle after use a sufficient quantity of any such disinfectant as may be approved by the said Board. All floors and channels as well as all partitions, seats and other fittings of every latrine shall be frequently washed and cleansed with water to which some such disinfectant has been added.

7. During the prevalence in the Colony, or in any district thereof, of any of the aforesaid discases any building or part of any building certified in writing by the Medical Officer of Health or by any legal- ly qualified and registered medical practitioner, to be unfit for human habitation, even although the same may have been cleansed and disinfected, as provided in No. 3 of these Bye-laws may be closed by order of the Board during the prevalence of any of such diseases or for such less period as the Medical Officer of Health or such legally qualified and registered medical practitioner may certify to be necessary, and the occupants of the same may be removed, after twenty-four hours' notice has been given to the householder or occu- pier to vacate the premises, by the service of a notice, duly signed by the Secretary of the Board, or by the posting of such notice upon any portion of the premises.

128

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

In no case shall such premises be re-occupied except under a certificate of the Board signed by the Secretary that such premises are fit for human habitation.

The Board may, when necessary. erect matsheds, or hire build- ings or charter vessels and use them for the accommodation of the persons so removed.

8. Any officer of the Board may, during the prevalence in the Colony or in any district thereof of any of the aforesaid diseases, and within such limits as may from time to time be defined by the Board, make a house to house visitation for the purpose of inspect- ing the sanitary condition of any premises so visited and of all and every part thereof, and of ascertaining whether there is any person in or upon the said premises attacked or affected by any of the said diseases or the body of any person who has died therefrom. If the premises so visited or any part thereof shall be found in a dirty or insanitary condition in the opinion of any such officer he shall report the same to the Medical Officer of Health or to any such other officer as may be appointed for that purpose by the Board, with the approval of the Governor, who shall inspect such premises and if he considers them or any part thereof to be in a dirty or insanitary condition he may forthwith take steps to have all funi- ture and goods removed therefrom and to have the said premises thoroughly cleansed and disinfected by persons acting under his instructions; and whenever. in his opinion, it is necessary for the thorough cleansing and disinfection of such premises to do any or all of the following acts, namely, to take down. remove from the pre- mises or destroy any mezzanine floor, cockloft, partition, screen or other similar structure or fitting, or any portion thereof, or when in his opinion any mezzanine floor, cockloft, partition, screen, or other similar structure or fitting prevents the free access of light and air to the said premises, he shall forthwith have the same taken down, and if he considers the removal from the premises or the destruction thereof, or both, necessary in the interests of the public health, he shall forthwith cause the same to be removed from the premises or destroyed or both. Such destruction shall be carried out with such precautions and in such manner and in such place as the Board may from time to time direct.

For the purposes of this Bye-law any officer of the Board may enter any premises without notice between the hours of 5 a.m. and 6 p.m.

DOMESTIC CLEANLINESS AND VENTILATION.

1. The occupier of any domestic building shall at all times. cause such building to be kept in a cleanly and wholesome condition and see that the drains, traps, gratings, fall-pipes and other sanitary fittings and appliances are kept free from obstruction and in an efficient state of repair; and he shall keep the windows and ventilat- ing openings at all times free from obstruction unless prevented by inclement weather or by the illness of any person occupying such building.

2. Every occupier or householder of a domestic building shall cause all excremental matter to be removed daily from such build- ing, to one of the public conservancy boats, by a duly registered night-soil carrier.

3. Every occupier or householder of a domestic building shall cause all domestic waste, refuse or other objectionable matter other than excremental matter to be removed daily from such building and taken to a public dust-cart or dust-bin.

4. The Board shall, if satisfied that any domestic building in the Colony is in a dirty condition, give notice to the householder to have such building, in respect of which the notice is given, thoroughly cleansed and limewashed within a period of one week from the date of receipt of such notice, and such householder shall cleanse and lime-wash such premises in accordance with such notice. In any case where no householder exists or can be found, the owner of such building shall be served with a notice to the above effect, and upon such service being duly effected, such owner shall cleanse and lime-wash such premises in accordance with such notice.

5. Any house, or part of a house, which is occupied by members of more than one family shall, unless specially exempted by the Board, be cleansed and lime-washed throughout. by the owner, to the satisfaction of the Board not less than twice in every year, namely, during the months of January and February and of July and August in the eastern division of the City and in the east- ern division of Kowloon; during the months of March and April and of September and October in the central division of the City and in the western division of Kowloon; and during the. months of May and June and of November and December in the western division in the City; and notice of such intended cleansing and. lime-washing shall be sent to the Secretary of the Board three clear days before the work is commenced.

NOTE. The western boundary of the eastern division of the City. is Garden Road; the western boundary of the central division of the City is Morrison and East Streets; the western division of the City lies to the west of Morrison and East Streets. Kowloon is divided

into eastern and western divisions by Robinson Road and a straight line drawn from the north end thereof through the Yaumati service reservoir to the Northern boundary of Kowloon.

DOMICILIARY VISITS.

1. The Secretary to the Board shall furnish the Inspectors of Nuisances with general authority in writing, in English and Chi- nese, to enter, between the hours of 8 a.m. and 6 p.m., and inspect, upon reasonable notice to the occupiers or owners, any building and

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

curtilage in their respective districts for the purpose of acertaining the sanitary condition, cleanliness aud good order thereof or of any part thereof, and of any partitions, mezzanine floors, stories and cocklofts therein, or of the condition of any drains ther in or in connection therewith. If it shall be requisite for the purpose of as- certaining the sanitary condition of any domestic building or curti- lage, to open the ground surface of any part thereof any Inspector of Nuisances in possession of authority in writing signed by the Medical Officer of Health or by the Secretary of the Board, after giving not less than forty-eight hous' notice in writing signed by either of the aforesaid officers to the occupier or owner of such domestic building or curtilage of his intention to enter the same for the purpose of opening up the ground surface thereof, may so enter, with such assistants as may be necessary, and open the ground sur- face of any such premises in any place or places he may deem fit, doing as little damage as may be. Should the material which has. been used for covering such ground surface and the nature and thickness thereof, be found satisfactory and in accordance with law, such ground surface shall be reinstated and made good by the said Board at the public expense.

2. The Secretary of the Board shall, upon the requisition of the Medical Officer of Health, or by direction of the President of the said Board, authorise in writing, in English and Chinese, one or more of the Board's officers to enter any domestic building at any hour between 6 p.m. and midnight, for the purpose of ascer taining whether such building or any part thereof is in an over- crowded condition.

3. No officer of the Board shall. between the hours of mid- night and 8 o'clock the following morning, enter any domestic building for the purpose of asc. rtaining whether such building or any part thereof is in an overcrowded condition, without the written permission, in English and Chinese, of the Secretary countersigned by the President of the said Board.

129

DRAINAGE.

Preliminary Explanatory Notes.

A. The following notes convey, in general terms, the principles that should guide the design and construction of house-drains. Before proceeding to lay down in detail the instructions which should be attended to, in order to apply the same satisfactorily, it must be observed that no code of instructions can possibly embrace every case that will occur. It must be remembered that no system of house-drainage that has yet been devised, or probably will ever be devised, does away with the necessity for care in use. The real remedy for the inconveniences which are too often experienced from house-drains lies, not in any elaboration of appliances. but in careful construction, careful use, and a reasonably liberal water supply. Without the co-operation of the public, the Sanitary Authority is almost powerless to effect improvement. It is therefore to be hoped that the public will assist, by insisting on good construction and the proper use of house-drains.

B. The object of a house-drain is to carry off, from the dwelling to the street-sewer, water fouled by use, together with all the solid or semi-solid refuse which is usually associated therewith, such as excrement of men or domestic animals. refuse from cooking and the like; in short, the foul liquid usually known as sewage.

The sewage as

C. The house-drain must be "self-cleansing." produced in the daily life of the inmates must flow through the drain with a current sufficiently rapid to sweep along with it all suspend- ed matter, so that no permanent deposit can take place. A drain in which deposit takes place is a cesspool in disguise, from which offensive cmanations find their way into the dwelling; and from which putrid sewage flows into the street-sewers, making them ex- ceedingly offensive. A badly constructed or badly kept house-drain is, therefore, not only a source of danger to the inmates of the house that it drains, but a public nuisance also. Unless house-drains are well made and properly used, no system of street-sewers, however perfect, can work in a satisfactory manner.

D. Water being the agent which cleanses the house-drains, its liberal use by the inmates of the dwelling is essential to the proper maintenance of house-drains. The sewage must be well diluted. Nevertheless the quantity of water necessary for the proper cleansing of house-drains is not excessive. The water normally used by the inmates of a dwelling for washing and cooking is sufficient for this purpose, provided that it is readily obtainable at all times, either in the dwelling or in close proximity thereto.

E. The principal point to be attended to, in the design of house- drains, is so to arrange matters that the sewage, as produced, shall flow through them in the most rapid current practicable; so that all suspended matter shall be swept away at once and completely.

7. The speed of a stream flowing through a pipe or channel, of given size and shape, depends upon the following conditions :- (a) The inclination of the channel.

(b) The smoothness of its surface.

The steeper the slope and the smoother the sides of the channel, the swifter will be the current. The greater the volume of the stream inclination being the same, the greater the speed.

Thus if a 12" and a 3" pipe have the same inclination the velocity in the 12" pipe would be about twice as great as in the 3′′ pipe, pro- vided that both were half full. But to fill the two pipes to this extent, the quantity of water passing through the 12" pipe would be about thirty-two times that passing through the 3" pipe. But if the same quantity flowed through both pipes, then the current in the 3" pipe, being more concentrated, would flow more rapidly than that in the partially filled 12" pipe.

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THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

G. These considerations would lead to the conclusion that the best size. to be used for any house-drain, would be that which would just suffice to carry off the sewage with the pipe not less than

half full. Within certain limitations, this is the case.

H. In the case of street-sewers draining large districts, from which the flow of sewage is comparatively regular and capable of estimation, the proper size of sewer may be calculated with some approach to precision. In the case of house-drains, however, such precision is impracticable. The rate of flow is irregular and the quantity of sewage depends upon the habits of the inmates. Were the size of a house-drain calculated to carry off even a most liberal water supply, which is. for practical purposes, the measure of the sewage, it would be found, in the vast majority of cases, to be much less than that which experience has shewn to be applicable in practice. It has been found that a house-drain less than a certain size is inconveniently liable to stopp ges, caused by extraneous matters, such as rags, paper and the like, which occasionally find their way into the best managed house-drains.

I. The minimum size of house-drain is usually fixed at from four to ix inches in diameter. A four-inch drain, construc ed in the usual manner, is probably somewhat small as a minimum ; and a six-inch somewhat large. A diameter of five inches, were this size readily obtainable, would be a better minimum.

J. Whenever the minimum size will suffice it should be used. In leed, subject to the limit laid down in the preceding paragraph, and to certain conditions to be set forth later on, the smaller the house-drain the beter. The use of unnecessarily large boudrains amounts to an abandonment of the self-cleansing principle. If a drain is so large that the normal flow of sewage cannot fill it to a sufficient depth to establish a self-cleansing velocity, deposit takes place and goes on, either till the pipe is choked and the sewage escaps through leaks, to the sub-soil, or until the deposit has accumulated sufficiently to reduce the area of the sewage-way to that which will establish a current sufficiently rapid to prevent further deposit.

K. In order that the size of house-drains may be reduced to the minimum practicable, in each instane. rain-water should be ex- clu led from them as far as possible Rai-water cannot, however, be wholly excluded from house-trains. Many uncovered surfaces, such as back-yards, rece ve slops and foul-water in the course of daily use and this must be carried off by the house-drains. v dupli- cate set of drains for such areas, one for sewage and the other for rain-water. would be a costly complication and there would be no security that eac set would be used for its proper purpose only. Some sewage would almost inevitably find its way into the rain- water drain, which, being of large size, would be imperfectly flushed and therefore offensive.

L. Rain-water should be diverted from house-drains to the full extent that is possible by the use of surface-channels. As a general rule, when surface-channels cannot be used to divert rain-water, it must be admitted to the house-drain. Hence, in the majority of cases, the amount of rain-water to be carried off determines the size of the house-drain. The table. hereunto attached, gives the area from which 4" of rain, falling in one hour, will be carried off by pipes of various sizes, laid at different inclinations. In providing for the removal of rain-fall, from a given surface, it is to be remem- bered that it is not sufficient to provide a pipe of ample size to carry off the rain-f 11. Traps and gratings must be provided in sufficient numbers and of sizes to admit the rain-water freely to the drain and the surface must have a fall to carry it to the openings. In many cases neglect of these precautions has caused flooding. This has been put down to the size of the pipes, whereas the inlets were really at fault.

Rain-water cannot be looked upon as a legitimate agent for cleansing house-drains from deposit. Firstly, there should be no deposit to remove from well constructed and properly managed drains; and secondly, because there are long intervals in which no rain fails so that this flushing agent fails when most wanted.

M. The irregularity and uncertainty of the flow of sewage, which precludes an accurate determination of size, makes it impracticable to calculate definitely the proper inclination of house-drains. Ex- perience shows that, under the normal conditions of use, an inclina- * tion of one in thirty is desirable to ensure a self-cleansing drain; especially when the drain conveys the sewage from a single trap or inlet. An inclination of one in thirty, therefore. should, as a rule, be given to house-drains. Drains laid at much flatter gradients can be made to work perfectly, with care, and provided that the flow of sewage is copious. ... sufficient to fill the pipe nearly half full. The designer of house-drains, having no control over their sub- sequent usage, will do well to give them, in every case, the greatest practicable fall.

N. The ordinary trap or syphon is not a perfect preventive against the escape of sewage-tainted air from house-drains, although it is the only appliance available for the purpose. The water which seals the trap may evaporate during disuse, or a piece of fibrous matter may act like a syphon and draw off the water sufficiently to leave a free passage for the escape of sewage-tainted air. Again. if there be a series of inlets connected to a drain which is unprovided with any free outlet, a sudden rush of water through one trap will force the air contained in the drain through the other traps or unseal them by drawing off their contents, and open a passage for the escape of sewage-tainted air into the dwelling, or into some confined space in its neighbourhood. Consequently. house drains must be ventilated," or rather provided with vents, to prevent the accumulation of sewage-tainted air therein. and to secure the efficiency of the trips. To effect this thoroughly, the drain must have, at or near its extremities, openings giving a free escape to the air within it, and between these openings, there should be no trap · or other obstruction to the free passage of air.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 181

O. These ventilating-openings should be so placed that any sewage-tainted air which may escape from them shall be as little offensive as possible. With this object the inner ventilating open- ing should be placed above the roof of the dwelling. This is usually done by carrying up a pipe, having a free opening at the top, above the roof and at a distance from any window. The second opening is usually made on the house-side of the trap which severs the direct communication between the drain and the public sewer. If, how- ever, there be no trap between the house-drain and the sewer then there is no necessity for a second opening, the sewer itself serving the purpose.

With a well constructed system of self-cleansing street-sewers this arrangement may be adopted with safety, even with advantage. Then every house-drain ventilator serves as a sewer ventilator also ; and when this is done universally, no accu- mulation of sewer-tainted air can take place in any part of the system.

P. Care must be taken in selecting the position of the lower ventilating opening because the elevated ventilating pipe by no means secures a permanent upward current of air. According to the relative temperature of the air within and without the drain. to the direction and force of the wind, so an upward or downward .. current will obtain.

Q. Complete ventilation is especially important when any part of the house-drain system is in communication with the interior of the dwelling; or where the system is extensive and has numerous inlets. It is essential where water-closets are used, or where the drains receive excrementitious matter. In the case of a short length of drain. leading from a single inlet, placed in an open space, such as a back-yard, though desirable, it is less necessary and may be omitted without serious dinger.

R. Any direct communication between the interior of the house and the house-drain should be avoided. Pipes carrying water from baths or sinks, within the dwelling, should therefore deliver their effluent above trapped gulleys in the open air. The effluent from baths or sinks, ou upper storeys should, whenever practicable, be received by open-topped pipes, delivering freely above trapped gulleys at or a little below the ground-level. If, as in the case of water-closets, a direct communication has to be made between a fitting inside the house and the drain, then there must be complete ventii tion by means of a pipe carried up outside and to the top of the building.

1. Any owner or occupier of private premises about to construct reconstruct, alter or amend any drain shall give at least seven days' previous written notice of such intention to the Board, and such notice shall be delivered at the Office of the Board, in a form of which printed blank copies may be obtained gratis in English and Chinese on application at the Office of the Poard, or, in the case of the villages, at any village Police Station between the hours of 10 a.m. and 4 p.m.

2. Every such notice shall specify the name of the street, the num- ber of the lot and the number of the house, if any, which it is intend- ed to drain, and shall be accompanied by a plan in duplicate of the premises drawn on a scale of not less than twenty feet to the inch, and such plan must show the whole of the drains with their pro- posed sizes figured thereon, and a section or sections showing the proposed falls or inclination and drawn to the same scale and to a vertical scale of not less than ten feet to the inch. The plan must also show the position and course of all proposed surface gutters.

Except that in case of suburban lots which cannot be conveniently included within a plan of ordinary dimensions, when the lot and the out-fall drain may be shown on a scale of not less than one hundred feet to the inch.

3. Within seven days after receipt of the notice, the Sanitary Surveyor shall, by means of a written communication, in English or Chinese as may be necessary, inform the person who has given the said notice whether his designs and proposed mode of construction are approved or disapproved, and in case of disapproval such modi- fications or improvements as may be requisite in order to comply with the provisions of The Public Health Ordinance and of any bye-laws made thereunder shall be indicated in detail to such person by the Sanitary Surveyor, and it shall not be lawful for such person to commence the drainage works until the approval thereto of the Sanitary Surveyor shall have been previously obtained by him, and in the case of such appro- val one copy of the deposited plan shall be returned to him, and the remaining copy shall remain filed in the Office of the Sanitary Sur- veyor.

No. The approval of plans conveyed by the anitary Surveyor under this bye- law certifies simply to the fact that the plans are in accordance with the l'ublic Health Ordinance and with the bye-laws made thereander, but signifies no approval of the sufficiency or otherwise of the plan and throws no responsibility on the Boaril. 4. Any person carrying out excavations for drainage works on any premises contiguous to a public thoroughfare, whereby the safety of the public may be jeopardized, shall light such excavations by means of a lantern or lanterns kept lighted through the night, and he shall further provide watchmen, erect hoardings and otherwise take such precautions as may be necessary for securing the safety of the public and the protection of adjoining properties.

5. House-drains shall be made of impervious materials with smooth internal surfaces, such as well glazed earthen-ware pipes or cast-iron pipes protected against rust or corrosion by suitable asphal- tic coating. The drains shall be so constructed as to be water and air-tight. In jointing pipes with cement, tarred-hemp shall be caulk- ed into the joint before the cement is applied, and care shall be taken that no cement or other jointing material projects from the joints into the interior of the pipes; and any such projecting material or other irregularities in the bore of the drain shall be carefully removed.

100'

1 IN 40

1 IN 46.6

132

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

6. House-drains shall be firmly bedded in selected material free from large stones and well rammed into place.

7. All stoneware pipes shall be well glazed and free from cracks and flaws and shall have a thickness of not less than one-twelfth of their diameter.

8. Disconnecting chambers shall be red brick manholes fitted with stoneware traps and ventilating grates of iron or stone.

9. Lime mortar used for the building of manholes shall be com- posed of three parts of sand or red earth and one part of good lime.

10. Lime concrete used for encasing drains shall be composed of four parts of good sound clean stone, broken to half inch cubes, two parts of red earth and one part of lime thoroughly well mixed and well rammed into place.

11. Cement mortar used for the jointing of pipes or any other work shall be mixed in the proportions of three parts of clean sharp sand and one part of good Portland cement and used fresh.

12. No main house-drain shall be less than six inches in clear internal diameter.

13. Subject to the limitation mentioned in the preceding bye-law, no main house-drain shall be larger than is necessary in the opinion. of the Board to carry off the sewage of the dwelling, or the sewage with the rain-water, which, under conditions hereinafter specified in Nos. 38, 39, 40 and 41 of these bye-laws shall be admitted to the house-drain.

14. Every house-drain shall have the maximum fall, throughout its length, that the relative levels of the public sewer and of the most remote inlet, will admit of:

Provided always--

(a) That the maximum available fall does not exceed one in thirty (or 4 inches in 10 feet). If it does, then the part of the drain, more remote from the public sewer, may be laid with a fall of one in thirty; and the remainder, with such greater fall as may be necessary to connect with the pub- lic sewer.

(b) That the excavation, necessary to obtain the maximum avail- able fall, is not of such a nature as to endanger the sta- bility of the adjoining or neighbouring property.

In these and similar cases the gradient may be reduced subject to the approval of the Board.

15. Whenever a reduction of fall (below the standard grade 1 in 30) is necessary or permissible, it shall, wherever practicable, be made in the portion of the drain nearest to the outlet, rather than in the part nearest to the inlet, and in the main trunk of the drain rather than in the branches.

NOTE. The available fall in a house-drain, 100 feet long, is 2 feet 6 inches or one in forty. It will be better to make the first thirty feet from the inlet, with a fall of 1 foot, or 1 in 30; and the remaining length of 70 feet with a fall of 1 in 46,66, than to give an uniform fall throughout.

A<2.6">

1 IN 30

It is clear that an obstruction at A would be more easily removed than one at B, in the pipe of uniform gradient, because it would have a greater head of water behind it; and in flowing from the inlet to it, the stream will have attained a certain momentum, tending to carry it on, through the flatter part of the pipe. e.g. (2)

A B is a drain 90 feet long, with an available fall of 3 feet, between A and B. At C, distant 60 feet from A, there is a branch CD 40 feet long; D being at the same level as B.

If the main-drain AB were given an uniform fall of 1 in 30, then C would be 1 foot below B and D. Then CD would have a fail of 1 in 40 only. The proper course to pursue would be to give CD a fall of one in thirty, or 1′ 4′′ in all. BC would then have a fall of 1′ 4′′ in 30, or 1 in 22), and CA a fall of 1′ 8′′ in 60 feet; or one in thirty-six.

-40′

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 133

16. Whenever the gradient of any portion of a drain is less than one in thirty, the Sanitary Board may in its discretion require an automatic flush tank or any other suitable contrivance for attaining an effective flush to be used.

17. All changes of direction in house-drains shall be made by means of properly curved pipes or by half channels in manholes and between the points at which any change of direction occurs, all house- drains shall be laid in straight lines and regular grades from point to point.

NOTE. (Inasmuch as changes of direction are the points at which obstructions most frequently occur, and for the purpose of removing obstructions generally, house holders will do well to provide, at each change of direction, a manhole, giving access to the drain. For this purpose the anhole should be made 3 feet by 1 foot 6 inches to the surface or to a depth of five feet above the drain. Beyond this depth the manhole may be narrowed to I foot 6 inches by 1 foot 6 inches. But such anhole should not be found in cook-houses or in p aces where they may be opened and used as receptacles for the disposal of solid rubbish.)

18. No drain shall be so constructed as to pass under any build- ing except when any other mode of construction is impracticable. Any drain passing under a building shall, whenever possible, be laid in one straight line for the whole distance beneath such building, and shall be imbedded and incased throughout its entire length in four inches of good concrete.

Whenever a drain traverses soft or yielding ground, or where water may make its appearance in the trench, the drain shall be surrounded throughout its entire length with four inches of good concrete.

The stones composing the matrix of the concrete in both cases shall be of a size to pass through a half-inch ring.

19. No drain shall be constructed in such manner as to allow any inlet to such drain to be placed inside any building.

20. The aggregate area of the openings in any grating fixed on inlets to waste-pipes from baths or sinks shall not be less than four square inches and the waste-pipe shall not have a less internal dia- meter than 1 inches.

NOTE-The object of this is to secure an efficient flush.

21. Traps or gulleys for the removal of rain-water shall be pro- vided with gratings having the nett area of the openings not less than twice the area of the trap or pipe. Such gratings shall be sunk to a depth of at least one inch below the surrounding pavement, with a slope round them equal to half the width of the grating.

NOTE---It is not sufficient to provide pipes of ample diameter; there must be open- ings of sufficient size to admit the rain to them.

22. Traps at the inlets to drains shall be placed so that the water- level in them is not less than one foot below the ground, and such traps shall be placed as low down as the level of the house-drain or branch will permit of; provided that the depth be not more than two feet.

23. Traps shall have not less than two inches of water seal and shall be securely fixed to the drain. All stoneware traps shall be surrounded with a thickness of four inches of lime concrete.

24. No person shall construct or fix in connection with any drain or waste-pipe the form of trap of the kind known as the Bell- trap or any trap of the kind known as the trap, and all traps con- nected with any private drains shall be properly set in cement mortar to the satisfaction of the Board.

NOTE.-Bell-traps and D traps from their form give rise to deposit of filth difficult to remove by flashing.

25. Every main house-drain, wherever practicable, shall be venti- lated at its upper end by an opening in free communication with the outer air. This opening shall be placed in such a position as to ren- der any emanations from it as little obnoxious as possible.

NOTE.-(This is, in most cases, to be done by carrying up a well-jointed pipe, not less than four inches in clear internal diameter, to some point, above the eaves of the building which is not in close proximity to any window or chimney. In the case of rural or suburban tenements, the ventilating opening may be provided on any eminence, or open space at a distance from te dwelling, the ventilating pipe and opening, in this case, being not less than four inches in internal diameter.)

26. Every main house-drain shall have a ventilating opening near to its lower end, and no trap or other obstruction to the free circula- tion of air shall exist between this opening and the one described in the preceding bye-law.

If there be a trap between the house-drain and the public sewer, then an opening shall be made on the house-side of the trap, and the said opening shall be so arranged as to give access to the trap for inspection, cleansing or repair.

If there be no trap between the public sewer and the house-drain no special opening need be provided at the lower end.

27. Drains leading from a single trap and not being more than sixty feet long, need not be provided with an elevated ventilating opening at their upper end; but, if this be omitted, they shall be pro- vided with a trap, disconnecting them from the public sewer, and shall have a ventilating opening at the lower end on the house-side of the trap.

28. Ventilating and fall pipes of stoneware shall be securely fixed to the exterior surfaces of walls with wrought iron bands fitted round the pipe and made fast to the wall with two wrought iron spikes not less than four inches in length. Metal pipes shall also be fixed as above or shall have two ears fixed to them and secured to the wall with two wrought iron spikes, not less than four inches long.

29. Down-pipes, conveying rain-water from roofs, shall be con- structed of cast or welded wrought-iron, and when the down-pipe discharges into the house-drain it shall be completely disconnected, therefrom, as described in No. 31 of these bye-laws and fitted with a bend, shoe or pedestal pipe. Wherever practicable, the rain-water downpipes on the street side of buildings, shall be carried under the footpath and discharge into the side-channel.

NTE. It is most important that such pipes should be completely disconnected from the sewers so that they cannot by any possibility serve as conduits for conduct- ing sewer air up and into the dwelling.

134

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

30. Waste-pipes from baths, sinks and other similar appliances on the upper floors of buildings, shall be of cast-iron socketted pipes or wrought-iron welded-pipes with screwed joints coated with bitu- minous composition, or, in the case of wrought-iron, galvanised; or of well glazed stoneware socketted pipes, or other approved materials, securely fixed outside the wall, and provided, at each point of con- nection, with a suitable head, and at their lower extremity with a bend, shoe or pedestal pipe. All joints of stoneware pipes to be made in the manner provided by No. 5 of these bye-laws.

NOTE.-Zine, tin-plate, rivetted or lap-jointed sheet-iron will not be approved.

31. Waste-pipes, as well as down-pipes from roofs, shall not be connected direct with any drain but shall discharge in the open air near to or over a trap and they shall be brought down to within one foot or less from the ground.

32. No rain water-pipe from the roof of a building shall be used as a ventilating shaft to any drain which communicates or is designed to communicate with a public sewer.

Nor--Rain-water pipes t'riminate at the eaves of the house a point not high enough above windows to be a safe ventilating outlet.

33. Any person who may have laid any drain or constructed drainage works connected therewith shall not cover up such drain or works until the same shall have been previously inspected and passed by the Board, and such person shall give three clear days' written notice to the Board that such drain or works are ready for inspection, and such notice shall be delivered at the Office of the Board in a form of which printed blank copies may be obtained gratis in English and Chinese on application at the Office of the Board, or, in the case of villages, at any village Police Station between the hours of 10 a.m. and 4 p.m.

34. Before any drain is covered in, it shall be inspected and tested to ascertain whether it is water and air-tight; and no drain that fails in this respect shall be passed. After inspection, the earth shall be carefully filled in, above and around the drain, and thoroughly ram- med and consolidated. For a depth of at least six inches, above the summit of the sockets of the pipe, selected material, free from stones larger than will pass through a 2-inch ring, shall be used in filling in the trench.

35. The floors of cook-louses, stables, cow-sheds and the like where practicable, shall be elevated above the ground outside the dwelling, and be provided with surface channels, passing out through the wall, and delivering above a trapped-gulley, outside. When new drains are being laid and where the floor is at the level of the ground outside, the surface-channel of the cook-house shall be connected to a trap, outside the house, by a straight open pipe, terminating above the water-level of the trap, which shall be accessible and in free com- munication with the air.

36. The floors of cook-houses, latrines, privies, and back-yards shall be paved with some impervious and durable material, such as granite setts, or vitrified bricks, laid on a bed of good concrete not less than four inches thick, and pointed with good mortar, or with good con- crete laid in a bed not less than six inches thick and rendered with the cement, and shall have a fall from the walls to the outlet of at least a inch to the foot.

37. All surfaces of back-yards and paved areas of premises wher- ever practicable shall have a fall, from the walls of the building towards the trap or inlet of the drain, at the rate of not less than an inch to foot, and such inlet shall be placed as far from the walls as practicable.

38. Open surfaces such as back-yards, court-yards or other spaces, on which slops are thrown, or from which foul waters flow, shall be provided with trapped connections to the house-drains, for the re- moval of such waters as well as some of the rain-water. But such surfaces shall be properly paved, in the manner prescribed for back- yards and cook-houses, so that no sand or silt may be washed into the drains from them.

39. Wherever an outlet is available, surface channels shall be provided to carry excessive rain-fall from premises, and these chan- nels shall be properly connected with the storm-water channel in the street. Traps not less than 4 inches in diameter in connection with the house-drain shall be placed in this surface channel, which will carry off slops or sewage, as well as some rain-fall.

40. Rain-water shall be diverted from house-drains by means of surface channels or otherwise to the fullest extent practicable.

41. The rain-water from roofs, which slope towards enclosed court-yards, or back-yards, may, if diversion to the surface channel is impracticable, be received into the house-drain. But no ventila- ting pipe shall be used for the conveyance of rain-water from the roof. 42. No person shall, where it can possibly be avoided, lay any pipe for conveying sub-soil drainage in such manner or in such posi- tion as to communicate direct with any sewer, cess-pool or drain used for the conveyance or reception of sewage.

NOTE. It is important to exclude sewage-tainted air from the sub-soil. The con- nection of sub-soil drains to sewers even if a trap is used is objectionable, because in dry weather the flow of the drain may cease and the water or the trap may dry up and leave a free communication between the sewer and the sub-soil drain. The object of sub-soil drainage is not only the removal of water, but the aeration of the sub-soil. The mouths of such drains therefore should be so placed that pure air can enter freely-a condition incompatible with direct connection with sewers or house- drains.

43. In every case where the course of a drain shall be diverted, any cesspool previously existing and into which such drain may have previously emptied, shall be cleansed, deodorized and filled with clean earth.

44. All drains, or drainage works, shall be built and carried out in all respects in accordance with the provisions of the Public Health Ordinance and of these bye-laws and of any that may be made here- after, and if no written notice as provided by No. 1 of these bye-laws shall have been given to the Board by any person about to construct,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

reconstruct, alter or amend any drain on his premises, and if by such default the Board shall have had no opportunity of inspecting and approving or disapproving of any such drain actually built and already covered in, it shall be lawful for the Board on discovering the existence of such drain or drainage works to call upon the owner to open and uncover the same for the purpose of inspection, and should such drain or works prove upon inspection to be defective either in respect of design, workmanship or materials they shall be deemed a nuisance and dealt with as such.

45. All works connected with the construction of drains and drain-connections shall be carried out in strict accordance with the. plans and sections previously submitted to and approved by the Sanitary Surveyor or with such amendments to such plans and sec- tions as may have been required by him, and such works shall be carried out in a proper and workmanlike manner with the best materials of their respective kinds and shall be subject during their progress to the continuous control and supervision of the Officers of the Board appointed in that behalf and shall be completed to the entire satisfaction of the Board.

46. Whenever any private house drain is about to be constructed or re-constructed in the City of Victoria, the Board shall have power to require the provision of a surface channel of approved materials and design, in lieu of a covered drain, in any position in which a covered drain may appear to be undesirable.

Waste pipes from buildings and surface channels from cook-houses, stables, cow-sheds, and the like shall discharge into such surface channel without the intervention of a trap; but any communication between such surface channel and a covered drain shall be by means of a trap.

LATRINES.

1. Every public latrine together with its fittings shall be kept at all times in a thorough state of repair.

2. Every public latrine shall be kept, at all times, in a cleanly condition.

3. While open to the public, every latrine shall have at least one able-bodied adult attendant constantly on duty therein.

4. All the partitions, seats, floors and channels of every public latrine as well as all utensils therein, shall be thoroughly scrubbed at least once every day with such detergent and deodorant of such a strength as the Board may from time to time approve.

5. The whole of the interior walls of every public latrine shall be lime-washed and any fittings made of wood shall be tarred at least once every lunar month.

6. Fumigants of such description as may be approved of by the Board shall be kept burning in every latrine while it is open to the public.

7. The contents of soil pans in public latrines shall be kept covered with either earth, saw-dust, opium-packing or such other suitable material as the Board may approve of.

8. The soil and urine collected in public latrines shall be re- moved therefrom daily by the public conservancy contractor as pro- vided for by the terms and conditions of his contract.

9. Every latrine open to the public before sunrise or after sunset shall be at such times adequately lighted.

10. Any building used as a public latrine shall not be used as a dwelling.

LAUNDRIES.

1. Every public laundry shall be registered at the Office of the Board, and every application for registration shall be made in the form attached to these bye-laws.

2. Every public laundry shall be situated in a building which is lighted, ventilated, drained and paved in accordance with the require- ments of the Public Health Ordinance and the bye-laws made there- under.

3. Every public laundry shall be at all times kept in a cleanly condition and the inside surfaces of the walls thereof shall be lime washed at least once every year.

4. No persons, other than two caretakers, may occupy any building or part of a building which is registered as a public laundry, between the hours of 11 p.m. and 5 a.m., unless such persons are actively engaged in carrying on the work of the laundry.

5. Every public laundry shall be at all times open to inspection by the Members of the Board or any of its Officers, who may be directed to make such inspections.

Form of application.

I, the undersigned, hereby notify the Sanitary Board that I propose to carry on the business of a public laundry on the premises known as

No.

street,

floor, and request that the said premises be duly registered as a public laundry.

135

Hongkong,

Signature of Applicant.

NIGHT-SOIL CARRIERS.

1. The removal of excretal matters from premises other than those from which such matters are removed by the night-soil con- tractor, shall be carried out by night-soil carriers registered by and holding a licence from the Board.

2. Licences shall be issued in the first instance to the existing private night-soil carriers, and no additional licences shall be granted unless and until the necessity for their issue shall have been shewn to the satisfaction of the Board.

136

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

3. Licences to night-soil carriers shall be issued annually and shall expire on the 31st of December of the year in which they are issued.

4. Licences shall be issued free of charge. In the event of the loss of a licence a duplicate shall be issued on payment of a fee of 25 cents.

5. Every night-soil carrier licensed under these bye-laws shall, for the purposes of his work, use a bucket of such pattern as may from time to time be approved by the Board.

6. Every night-soil carrier licensed under these bye-laws shall remove at least once in every 24 hours all excretal matters from the premises from which he shall have undertaken to remove such matters. 7. No night-soil carrier shall convey excretal matters along any public street or road except between the hours of 1 a.m. and 6.a.m.

8. Any licensed night-soil carrier, being convicted of a second offence against these bye-laws, shall forfeit his licence in addition to any penalty inflicted under the Public Health Ordinance.

NOTIFICATION OF INFECTIOUS DISEASE.

1. If any inmate of any premises be suffering from small-pox, bubonic plague, cholera, diphtheria, scarlet fever, typhus fever, enteric fever, relapsing fever, or puerperal fever, and if such inmate be under the care of a legally qualified and registered medical practitioner the said medical practitioner shall forthwith furnish the Medical Officer of Health with a notification thereof in writing stating the name of such inmate and the situation of such premises.

Such legally qualified medical practitioner shall be entitled to receive, on application to the Secretary of the Board, the sum of $1 for each and every such notification.

2. If any inmate of any premises be suffering from small-pox, cholera or bubonic plague, and if such inmate be not under the care of a legally qualified and registered medical practitioner, the occupier or keeper of such premises or part of such premises, or in default of such occupier or keeper the nearest male adult relative living on such premises, or in default of such relative, occupier, or keeper any person in charge of or in attendance on the sick person shall, on the nature of the disease becoming known to him or on suspicion of the existence in such inmate of any such disease, forthwith notify the same to the Medical Officer of Health, or the officer in charge of the nearest Police Station, who shall, immediately on receipt thereof, transmit the information to the Medical Officer of Health.

3. No notification which contains any false information shall be deemed a notification as required by these bye-laws unless the person notifying proves that he believed and had reasonable grounds for believing such false information to be true.

4. The Secretary of the Board shall upon application furnish every medical practitioner in the Colony and every officer in charge of a Police Station with the printed forms of notification to be used.

5. All persons knowing or having reason to believe that any person has been attacked by, or is suffering from, bubonic plague, cholera, small-pox or from such other epidemic, endemic or .contagi- ous disease as may be from time to time duly notified in the Govern- ment Gazette, shall notify the same without delay to any officer on duty at the nearest Police Station, or to some officer of the Sanitary Board, and any such officer receiving any such notification whether verbal or written or discovering any such case, shall notify the same with the least possible delay to the Medical Officer of Health, and may detain such person or remove him to a public hospital until he can be examined by the Medical Officer of Health or by some legally qualified and registered medical practitioner.

OVERCROWDING.

1. The Medical Officer of Health, or such other officer as the Board may appoint for this purpose, shall, within such limits as the said Board may from time to time define, cause to be measured the floor area and cubic capacity of all domestic buildings or parts thereof, and shall cause to be calculated the number of occupants · that may lawfully pass the night in such buildings or any parts thereof in accordance with the provisions of the Public Health Ordinance and shall cause such number in English and Chinese to, be fixed to such buildings or parts thereof in such manner as the Board may from time to time direct.

OFFENSIVE TRADES.

1. It shall not be lawful to carry on the trade of bone-boiling, the trade of tallow-melting, the trade of fat-melting or fat-extracting in any premises not used, at the time of the passing of these bye-laws, for carrying on such trades until such premises have been approved by the Board as being situated in a suitable locality, and as being suitable for the purposes of such trades.

2. The trade of bone-boiling, the trade of tallow-melting, the trade of fat-melting or fat-extracting shall only be carried on in premises that are substantially built, and such premises shall be drained : in accordance with the provisions of the Public Health Ordinance and the bye-laws made thereunder. The ground surfaces of such premises shall be paved with good concrete laid down at least six inches thick and the surface thereof shall be rendered smooth and impervious with asphalt, portland cement, or such other material as the Board may approve of. The interior surfaces of all walls, which must be substantially built of brick or stone, as well as the surfaces of the brick or stone supports for the pans, etc. shall be rendered smooth and impervious to the height of at least seven feet from the floor level with asphalt, portland cement, or such other material as the Board may approve of.

Every such premises shall be provided to the satisfaction of the Board with proper and adequate urinal and privy accommodation for the use of the workmen employed therein.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

3. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall cause all materials, which have been received upon the premises where his trade is carried on, and which are not immediately required for boil- ing, melting or extracting, to be stored in such manner and in such a situation as to prevent the emission of noxious or injurious effluvia therefrom.

4. Every bone-boiler, tallow-melter, fat melter, or fat-extractor shall cause such portions of the internal surface of every wall upon the premises, where his trade is carried on as have not been rendered impervious with suitable material, to be thoroughly cleansed, and, after being so cleansed, to be thoroughly washed with hot lime-wash during the months of March and October of each year.

5. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall, at the close of every working day, cause all fat, tallow, grease, refuse or filth which has been spilled or splashed, or has fallen or been deposited upon any floor, pavement, or wall upon the premises where his trade is carried on to be collected therefrom by scraping or some other effectual means of cleansing and, unless it is intended to be subjected to further trade processes on the premises, forthwith removed from the premises. All apparatus must be kept in a clean- ly and wholesome condition.

6. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall cause every part of the internal surface of the walls and every floor or pavement upon the premises where his trade is carried on to be kept at all times in good order and repair so as to prevent the absorption therein of any liquid filth, or refuse, or any noxious or injurious matter which may be splashed or may fall or be deposited thereon.

7. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall adopt the best practicable means of rendering innocuous all vapours emitted during the process of boiling, melting or of extracting fat, etc. upon the premises where his trade is carried on.

He shall, in every case, either cause the vapour to be discharged into the external air in such a manner and at such a height as to admit of the diffusion of the vapour without noxious or injurious effects, or he shall cause the vapour to pass directly from the pan or press through a fire, or into a suitable condensing apparatus and then through a fire in such a manner as effectually to consume the vapour or to deprive the same of all noxious or injurious properties.

8. No person other than a caretaker shall be allowed to pass the night in any of the rooms used as work rooms unless actually engaged in carrying on work connected with the trade.

9. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall cause every drain or means of drainage upon or in connection with the premises where his trade is carried on to be maintained at all times in good order and efficient action. He shall, where it is necessary in the opinion of the Board, provide the drains on his premises with the appliance known as a grease-trap" and shall not pass or permit to be passed any hot liquid refuse (i.e., above 110° Fahr.) into the drains and sewers.

10. Every bone-boiler, tallow-melter, fat-melter, or fat-extractor shall, at all times, afford free access to every part of the said premises to the members and officers of the Board, the latter being duly authorised to enter and inspect such premises.

II. The owners of all premises at present used for the purpose of carrying on the trade of bone-boiling, the trade of tallow-melting, the trade of fat-melting or fat-extracting, and intended to be so used in future, shall register annually, during the month of January, such premises, at the offices of the Board, in the form required, and no person will be permitted to carry on such trade, within the said premises, without a certificate from the Board that the requirements of the foregoing bye-laws have been complied with.

12. In the case of all premises, other than those, now used for the purpose of carrying on the trade of bone-boiling, the trade of tallow- melting, the trade of fat-melting or fat-extracting, no person shall carry on any or all of the above trades, in such premises, without the the sanction in writing of the Board, and the owners shall duly register at the offices of the Board, in the form required, such premises annually in the month of January, during the period in which it is intended to carry on any or all of the above-mentioned trades.

OPIUM DIVANS.

1. The following expression, as used in these bye-laws or in any bye-law amending or substituted for the same, shall, unless incon- sistent with the context, have and include the meaning hereinafter set against it.

'Keeper of an opium smoking divan."-The person whose name shall appear in the register, kept by the Registrar General in accordance with section 8 of Ordinance 13 of 1888, as the householder of any building which is occupied or used as an opium smoking divan, or where a portion only of any building is so occupied or used, and is rented for any period not less than one month, then the person whose name shall appear in the said register as renting such portion of the said building.

2. The Board shall cause every building or portion of a building which is occupied or used as an opium smoking divan to be inspected from time to time by one or more of its officers, in order to ascertain the sanitary condition thereof.

3. The keeper of an opium smoking divan shall not permit his premises to be occupied between the hours of midnight and 5 a.m. by a greater number of persons than such as will allow for each adult not less than 30 square feet of habitable floor space or superficial area, and 400 cubic feet of clear and unobstructed air space.

137

138

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

4. The keeper of an opium smoking divan shall cause the windows and ventilating openings of his premises to be kept at all times free from obstruction, and shall daily open the windows to such an extent and at such times as may be necessary for the efficient ventilation of the premises unless prevented by inclement weather or by the illness of any person occupying the said premises.

5. The keeper of an opium smoking divan shall cause the internal walls and ceilings of every part of his premises to be thoroughly cleansed and lime-washed during the sixth and twelfth months of the Chinese year.

6. The keeper of an opium smoking divan shall at all times keep his premises in a clean and wholesome condition, and shall cause all filth and house refuse or other offensive matter to be removed from his premises daily.

7. The keeper of an opium smoking divan shall, withont delay report at the office of the Board, every case of serious illness which shall occur upon his premises, and should such case prove to be of a contagious nature, he must afford every facility for the removal of the sick person and must adopt all such precautions as the Medical Officer of Health or other duly authorized officer of the Board shall direct. For the purposes of this bye-law any officer in possession of instructions in writing signed by the Medical Officer of Health or by the Secretary of the Board shall be deemed to be duly authorized.

POISONS.

1. All the articles named or referred to in the list, hereto annexed, both in Part I. and Part II. are poisons within the meaning of these bye-laws.

SALE BY RETAIL.

2. No poison mentioned in either Part of the list hereto annexed shall be sold by retail, unless such poison or the vessel, wrapper, or cover, in which it is contained, be distinctly labelled with the name of the article, the word "Poison in both English and Chinese characters, and the name and address of the seller.

ADDITIONAL REGULATIONS CONCERNING THE POISONS CONTAINED IN PART I. ONLY OF THe List.

3. No poison included in Part I. of the list shall be sold by retail, to any person unknown to the seller, unless introduced by some person known to the seller; and on every sale of any such article the seller shall, before delivery, make or cause to be made an entry in a book, to be kept for that purpose, of-

(1.) The date of sale;

(2.) The name and address of the purchaser.

(3.) The name and quantity of the article sold, and

(4.) The purpose for which it is stated to be required; to which the signature, chop or mark of the purchaser,

and of the person, if any, who introduced him, shall be affixed.

NOTE. These requirements are in addition to those contained

in No. 2 of these bye-laws.

SPECIAL REGULATIONS APPLYING ONLY TO ARSENIC AND ITS PREPARATIONS.

4. No arsenic or any of its preparations shall be sold by retail, unless the following provisions be also observed:-

(1.) That the poison, if colourless, be mixed with soot or

indigo, so as to colour it.

(2.) That the person to whom the poison is sold or delivered be apparently not less than sixteen years of age. (3.) That the occupation, as well as the name and address

of the purchaser be entered in the "Poison-book." (4.) That when the purchaser is not known to the seller, and is introduced by some person known to both, this person shall be present as a witness to the transaction, and shall enter his name and address in the Poison-book."

NOTE--These requirements are in addition to those contained

in Nos. 2 and 3 of these bye-laws.

ENTRIES, ETC. IN FOREIGN LANGUAGES.

5. In the case of persons who cannot write or speak English the entries, labels and signatures required as above may be made in the language with which such persons are acquainted, provided always, that the word "Poison" as required in No. 2 of these bye-laws must appear upon the label in both English and Chinese characters.

EXEMPTION.

6. None of the foregoing regulations apply to any article when forming part of the ingredients of any medicine dispensed by-

(a) any chemist and druggist duly qualified under the

English Pharmacy Act of 1868; or

(b) any person who shall have previously proved to the satisfaction of the Governor that he possesses a similar qualification or has passed through a course of study and examination as thorough and sufficient as the minimum course of study and examination required for registration under the said Pharmacy Act; or

(c) any person at present in practice as a chemist and druggist who shall have previously proved to the satisfaction of the Governor that he is competent to dispense poisons; or

(d) a medical practitioner duly registered under the Me- dical Registration Ordinances in force for the time being in this Colony, or entitled to the benefit of section 20 of Ordinance 6 of 1884:

Provided that, if the medicine contain a poison included in either part of the list, the ingredients of the medicine together with the

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 139

name of the person to whom it is sold or delivered, be entered in a book kept for that purpose ("Prescription-book "), and that the name and address of the seller be attached to the medicine.

NOTE. By the Public Health Ordinance any person who shall contravene any provision of any of the above bye-laws shall be liable to a penalty not exceeding fifty dollars or, in default of payment, imprisonment not exceeding three

months.

LIST OF POISONS WITHIN THE MEANING OF

THESE BYE-LAWS.

PART I.

Not to be sold unless the purchaser is known to, or is introduced

by, some person known to, the seller;

also

Entry to be made in "Poison-book

1. Date of Sale;

2. Name and address of purchaser; 3. Name and quantity of article: 4. Purpose for which it is wanted;

Attested by signature;

Must be labelled with

1. Name of article.

2. The word "Poison."

and

3. Name and address of seller.

Arsenic, and its preparations (see also special regulations under

No. 4 of these bye-laws).

Aconite, and its preparations;

Alkaloids. All poisonous vegetable alkaloids and their salts;

Atropine, and its preparations;

Cantharides;

Corrosive Sublimate;

Cyanide of Potassium, and all metallic cyanides and their prepara-

tions;

Emetic Tartar;

Ergot of Rye, and its preparations;

Prussic Acid, and its preparations;

Savin, and its oil;

Strychnine, and its preparations;

Vermin Killers, if preparations of poisons the preparations of which

are in Part I. of this schedule.

Datura Alba, and its preparations;

Gelsemium Elegans, and its preparations; Orpiment.

PART II.

Must be labelled with

1. Name of article.

2. The word "Poison."

3. Name and address of seller.

Almonds, Essential Oil of (unless deprived of Prussic Acid);

Belladonna, and its preparations;

Cantharides, Tincture and all vesicating liquid preparations of; Carbonic Acid;

Chloroform;

Chloral Hydrate, and its preparations;

Corrosive Sublimate, preparations of;

Morphia, preparations of;

Nux Vomica, and its preparations;

Oxalic Acid ;

Precipitate, Red (Red Oxide of Mercury);

Precipitate, White (Ammoniated Mercury);

Vermin Killers (see Part I.) compounds containing Poisons" prepared for the destruction of vermin, if not subject to the provisions of Part I. are in Part II.

REMOVAL OF PATIENTS.

(Infectious diseases.)

1. The Board by its officers may provide for the removal of, and may remove to the Hygeia, the Government Civil Hospital, the Kennedy Town Hospital, or other appointed place, any person suffering from bubonic plague, cholera, small-pox or such other epidemic, endemic or contagious disease as may be from time to time duly notified in the Gazette, and no removal shall take place except under the orders of the Board or of one of its officers or of a legally qualified and registered medical practitioner, and then only in such manner and with such precautions as the Board shall from time to time direct. No such removal, however, shall take place if the Medical Officer of Health or any legally qualified and registered medical practitioner certifies that such person is being lodged and cared for without danger to the public health.

2. The

Board may remove or cause to be removed for burial or cremation all bodies found in the Colony of persons who have died from any of the diseases specified in the foregoing bye-law and may bury or cremate or cause the same to be buried or cremated in accordance with the custom of the race to which the deceased belonged in such place and in such manner and with such precautions as the Board may from time to time direct, and no persons, unless acting under the written sanction or direction of the Secretary of the Board or of the Medical Officer of Health to bury or cremate, shall remove or bury or cremate any such bodies.

140

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

3. On receipt of a certificate from a duly qualified medical practitioner that any person suffering from diphtheria, scarlet fever, enteric fever, relapsing fever, puerperal fever, measles, whooping cough, or such other infectious disease as may from time to time be defined by the Board, by resolution, for this purpose, is improperly lodged, the Medical Officer of Health shall, in case the said person is unwilling to be removed forthwith, apply to a Magistrate for an order for the removal of such person under the provisions of the Public Health Ordinance.

4. When any person suffering from any of the diseases specified in the foregoing bye-law is willing to be removed to a hospital or other suitable place the Medical Officer of Health shall with the assent of the patient take such measures as he may deem necessary for the safe and convenient removal of the said patient.

SCAVENGING AND CONSERVANCY.

1. The general surface scavenging of the City of Victoria, the Hill Districts and the larger villages in the Colony and the removal of night-soil and cognate matters from the Hill Districts, public buildings and free and licensed latrines shall be carried out by con- tractors in accordance with the terms and conditions of the contracts for the time being in force.

2. The servants of the various public sanitary contractors shall, while at work, wear such distinguishing badge as shall from time to time be directed by the Board.

3. Except between the hours of 1 a.m. and 6. a.m. the conveyance of excretal matters along any public road or street is prohibited.

4. Except between the hours of midnight and 9 a.m. the con- veyance of pig-wash or other noxious or offensive waters along any public road or street is prohibited.

5. Except in strong substantial buckets with closely fitting covers the conveyance of excretal matters, pig-wash, or offensive waters along any public road or street is prohibited.

6. The cupie of any premises, or if there be no occupier the immediate landlord shall make due provision for the daily removal of all excretal matters and house refuse from their premises to the conservancy-boats, and dust-carts, dust-bins or dust-boats.

7. Occupiers shall provide themselves with strong substantial movable dust-bins for the reception of the day's house refuse.

STREETS (PRIVATE), OBSTRUCTION OF.

1. No street over land held under lease from the Crown, upon which any domestic buildings abut, shall, without the permission in writing of the Board, be obstructed by the erection or fixture at any elevation of any structure or object of any kind whatsoever, whether temporary or permanent, which may, in the opinion of the Medical Officer of Health or such other officer as may be appointed for that purpose by the Board, prejudicially affect the health of any of the inmates of any of such buildings, or if such street be already partially so obstructed it shall not be further so obstructed, without such permission in writing :

Provided always that in the event of such permission being refused by the Board the owner of any such street shall have the right of appeal to a Magistrate who shall take evidence on oath thereon and who, if satisfied that the proposed obstruction will not preju- dicially affect the health of any of the inmates of such building, may grant permission to erect such obstruction.

Any person who shall contravene this bye-law shall on conviction thereof be liable to a penalty not exceeding twenty-five dollars for each contravention, and any refusal or omission after conviction, to remove the illegal structure or object shall be deemed a fresh contravention of this bye-law.

WATER CLOSETS.

1. Every person who shall construct a water-closet in a building shall construct such water-closet in such a position that one of its sides, at least, shall be against an external wall.

2. Every water-closet shall be constructed in accordance with sections 47, 48 and 49 of the Building Ordinance, No. 15 of 1889, or in accordance with any law amending the same, relating to privies.

3. Every person who shall construct a water-closet shall furnish such water-closet with a separate cistern or flushing box. Such cistern or flushing box shall be so constructed, fitted and placed as to admit of a supply of water to such closet pan, basin, or other receptacle of not less than two gallons or more than three gallons each time such pan, basin, or other receptacle is used.

Such cistern or flushing box shall in all cases, except where it is in connection with a valve closet, be of the type known as the Water Waste Preventor.

Such cistern shall be provided with a suitable ball-cock fixed on the supply-pipe, and it shall be furnished with an overflow pipe carried through the external wall of the water-closet and terminating in a conspicuous place.

4. Every person who shall construct a water-closet shall furnish such water-closet with a suitable apparatus for the effectual applica- tion of water to any pan, basin, or other receptacle with which such appa- ratus may be connected and used, and for the effectual flushing and cleansing of such pan, basin, or other receptacle, and for the prompt and effectual removal therefrom of any solid or liquid filth which may from time to time be deposited therein.

He shall furnish such water-closet with a pan, basin, or other suitable receptacle of non-absorbent material, and of such shape, capacity and mode of construction as to receive and contain a sufficient quantity of water, and to allow of all filth which may from time to time be deposited in such pan, basin, or other receptacle to fall directly into the water received and contained in such pan, basin, or receptacle. Such pan, basin, or receptacle shall be provided with a suitable trap, having a water seal of not less than one and a half inches.

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901. 141

He shall not construct or fix under such pan, basin, or receptacle

any container or other similar fitting.

He shall not construct or fix in or in connection with the water- closet apparatus any trap of the kind known as the D trap.

5. No water-closet apparatus, pan, basin, or other receptacle shall be directly connected with any water service pipe.

6. No flush-pipe connecting any water-closet apparatus with the cistern shall be less than one and a quarter inches in diameter.

7. All water-closet apparatus, pan, basin, or receptacle shall be so fixed as to require no casing in and shall not be so cased in.

8. Every person who shall construct a water-closet shall provide an efficient soil-pipe of cast iron or stone-ware securely fixed to the wall in the manner described for ventilating and fall pipes; and such soil-pipe shall be at least four inches in diameter; and shall be properly connected to the drain at the foot, and it shall be carried up without diminution and terminate in an open end at least two and a half feet in height above the eaves of the building and ten feet distant from any window.

Such soil-pipe, if of iron, shall be securely jointed with yarn and lead, and if of stone-ware, it shall be jointed with yarn and cement, and protected at its lower end to a height of fifteen feet with a casing of brickwork or iron.

Every soil-pipe shall be provided with proper junctions for con- necting with the water-closet pan, basin, or receptacle, the trap of which shall be connected in a sound and substantial manner. No soil-pipe shall receive any waste-pipe other than that from a water- closet apparatus or urinal, and no trap shall be fixed in any portion thereof.

Every soil-pipe, wherever practicable, shall be fixed throughout its entire length outside the building.

9. When more than one water-closet, pan, basin, or receptacle is connected with a soil-pipe, the trap of each and every such pan, basin, or receptacle shall be provided with an air-pipe not less than one and a quarter inches in diameter which shall be carried up throughout its entire length outside the building and connected to the soil-pipe above the uppermost connection or finish two and a half feet above the eaves of the building.

10. All joints, pipes, fittings and apparatus in connection with any water-closet shall be perfectly water and air tight, and fixed to the satisfaction of the Sanitary Surveyor.

SCHEDULE C.

Rules made by the Governor in Council for the election by the rate- payers of members of the Sanitary Board.

1. Elections shall take place at such time and place as shall be previously notified by command of the Governor in the Gazette.

2. The Registrar of the Supreme Court, hereinafter termed The Registrar, shall in accordance with any such notification summon to an election the persons by law entitled to vote at such election and shall preside at the election.

3. The name of every candidate must be proposed in writing by one elector and seconded by another.

4. No elector shall give more than one vote.

5. The voting shall be by ballot.

6. The name of every elector voting must be recorded.

7. The ballot box must be opened and the votes counted in the presence of the electors present.

8. Candidates, as such, are not disqualified from voting.

9. In the event of two candidates having an equal number of votes, only one of whom can be elected, their names must be submitted to another ballot.

10. As to any matters connected with the order of proceeding not hereby provided for, the Registrar shall take such order as he thinks fit. II. The Registrar shall make a return of the electors to the Gov- ernor as soon as conveniently may be after the election. The return must be accompanied, for the Governor's information, by :-

(a.) A list of the electors present at the meeting.

(b) A list of the candidates with the names of their proposers

and seconders.

(c.) A list of voters.

(d.) A statement of the number of votes given for each can-

didate.

SCHEDULE D.

Hongkong,

Το

mises No.

}

NOTICE is hereby given to you on behalf of the Sanitary Board that the nuisance specified hereunder is found to exist in your pre- and that you are therefore hereby required within from the time of service upon you of the present notice to abate such nuisance in the manner here- under set forth.

By Order of the Sanitary Board.

Nature of Nuisance

Action to be taken for the abatement of the nuisance

*Note.--Here insert period of time allowed.

Secretary.

142

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Memorandum on the Bill entitled An Ordinance

to consolidate and amend the laws relating to Public Health in the Colony of Hongkong.

The main object of this Ordinance is to consolidate the provisions of the various enactments relating to Public Health set forth in schedule A, so far as they are still operative and in force.

In substituting a single Ordinance for the fifteen it re- peals, it has been found necessary to make some slight alterations in the wording of some of the enactments con- solidated, so as to preserve uniformity of language, and prevent undue repetition. Nearly the whole of these amendments are purely formal, and the substance of the law remains, almost entirely, unchanged.

In section 23, however, two new sub-sections (9) and (10) have been inserted, dealing with smoke nuisances. These sub-sections follow the law in force in England as set forth in section 91 sub-section (7) of the Public Health Act, 1875, and section 24 of the Public Health (Lonlon) Act, 1891.

The principal Public Health Ordinance, No. 24 of 1887, was divided somewhat arbitrarily into six Parts, but those Parts had no headnotes referring to their respective con- tents. In the Consolidating Ordinance, the various sections are grouped together under appropriate headings. This, naturally, necessitates a new arrangement and re-numbering of the sections, but it greatly facilitates reference to any special subject matter.

Certain powers were conferred upon the Board under Part II of Ordinance No. 24 of 1887, when any part of the Colony appeared to be threatened with, or affected by, any formidable epidemic, endemic, or contagious disease, and the Governor had, with the advice of the Executive Council, issued and published in the Gazette the Procla- mation mentioned in the Ordinance. Since that time, however, all requisite powers have been conferred by the Legislature without the previous issue of such Proclamation, and it has, therefore, been deemed unnecessary to retain Part II of the Public Health Ordinance, 1887, in this Consolidation.

It will be seen that the term "Medical Officer of Health" has been substituted in this Ordinance for the term " Sanitary Superintendent" as used in Ordinances No. 24 of 1887 and No. 11 of 1895. This is because the Medical Officer of Health has, since his appointment in 1895, been appointed to perform all the duties formerly appertaining to the office of Sanitary Superintendent, which office is now merged in that of the Medical Officer of Health.

The continual effort which has been made of late years to improve the sanitation of the Colony has given rise to several amendments of the Public Health Ordinance, 1887, as well as to other Ordinances, passed with the view of securing the introduction of, at least, some light and ventila- tion into all Chinese houses, and of diminishing the evil of overcrowding in the Colony.

A large number of Bye-laws have, moreover, been made from time to time, under the repealed. Ordinances. All those at present in force have been collected together and inserted in schedule B. It has been found desirable to leave some few sections of Ordinances, No. 34 of 1899 and No. 15 of 1894, unrepealed, because such enactments as relate to the height of buildings, for instance, or to the erection, in certain cases, of verandahs, come more directly within the scope of the Ordinances relating to building than of those dealing with public health generally. When the Building Ordinances are consolidated those few sec- tions can be included in such consolidation and repealed.

The rules regulating the election of members of tho Sanitary Board, which are still in force, will be found in schedule C.

It is trusted that this Consolidating Ordinance will render the Law relating to public health more easily accessible to those interested in the subject and will faci- litate the labours of those to whom its enforcement is entrusted.

W. MEIGH GOODMAN, Attorney General.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 143

A BILL

ENTITLED

An Ordinance to consolidate and amend the

laws relating to Rating.

WHEREAS it is expedient to consolidate and amend the laws relating to Rating:

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Rating Ordinance, Short title.

1901.

2. In this Ordinance, unless the context otherwise Definitions

and explana- requires,

tions.

The expression "Annual Valuation means a general valuation of the rateable tenements in the whole Colony, or any part thereof, to be made yearly under this Ordinance:

The expression Hill District" means any part of the island of Hongkong above the 600 feet contour, except Chinese villages:

The expression "Interim Valuation" means a valua- tion made at any time of any tenement, which may have been increased or reduced in value since the last valuation thereof, whether by building, destruction of building or other alteration in the structural condition of such tenement, or which being rateable is not already rated:

The expression "List means the Annual Valuation List provided for by this Ordinance :

The expression "machinery" means machinery used for purely industrial or manufacturing purposes, but shall not include lifts and machinery used as adjuncts to any tenements occupied as offices, dwellings, or hotels. In making, however, any valuation of such lifts and machinery the Assessor shall deduct the expenses of working such lifts and machinery from the rateable value thereof if such expenses are paid by the landlord:

The expression "Owner" means the holder of any tenement direct from the Crown, whether under lease, license, or otherwise; or the immediate landlord of any tenement, or the agent of any such holder or land- lord who is absent or under disability:

The expression "Pier" includes "Wharf":

The expression "Rateable Value" means the rent at which any tenement might reasonably be expected to let, at the time of the valuation, from year to year, if the tenant undertook to pay all usual tenants' rates and taxes, and if the landlord undertook to pay the Crown Rent and the costs of repairs and insurance, with any other expenses necessary to maintain the tenement in a state to command that rent. Such rateable value shall not include the value of any machinery upon or in the tenement. In the case of buildings let to more than one occupier, there may be deducted from the total annual rent of the whole tenement, estimated as aforesaid, a sun not exceeding 20 per cent. of the whole as an allowance for such portions of such buildings as may reasonably be expected to be unlet from time to time during the ensuing year, and the remainder shall be the Rateable Value.

The expression "Tenement" meaus any land with or without buildings, which is held or occupied as a dis- tinct or separate holding or tenancy, or any wharf or pier in the waters of the Colony except such as are exempted by section 17 of the Piers Ordinance, 1899: The expression "Unoccupied" when applied to a tenement, means while such tenement is put to no beneficial use, and when applied to a building means while such building is neither used for storage of any goods or chattels nor for habitation, except by a care- taker :

The expression "Victoria" means the City of Victoria, of which the following shall be the boundaries :-

NORTH.-The Harbour.

SOUTH. A contour of the hill-side six hundred feet

above the level of the sea.

144

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

&c.

EAST.-A straight line from the skew bridge at the south-west corner of Causeway Bay to Wong-nai Chung public school-house, produced southward until it meets the southern boundary. WEST.-Mount Davis:

The expression "Year" means the period from July 1st in any calendar year to June 30t next following, or any other period of twelve months fixed by the Governor in Council.

The Assessor.

Appointment 3. The Governor in t'ouncil may, from time to time, of Assessor, appoint an Assessor and such Assistant Assessors as he may deem necessary for the purposes of this Ordinance, and may allow them such remuneration as he thinks fit.

4. The Assessor may--

Powers of Assessor.

Mode of valuation.

Return of annual value,

owner may

(1.) Serve the owner or occupier of any tenement with Form A (1) or Form A (2), in the first schedule hereto, as the case may be, and require him to furnish, within ten days, the particulars therein specified.

(2.) From time to time enter into and upon any tene- ment for the purpose of making a valuation there- of, and take such measurements and other parti- culars as he may deem necessary for the purposes of such valuation.

(3.) Call upon such owner or occupier to exhibit to him all receipts for rent, rent-books, accounts, or other documents whatever connected with the rent or value of such tenement.

(4.) Serve on such owner or occupier a written notice as in Form B in the first schedule hereto, requiring permission to enter; and, after twenty- four hours from the delivery of such notice, may, at any time during the daytime, enter into and upon the said tenement, and take measurements and other particulars, as hereinbefore provided, and may use force to effect such entry if necessary, doing no more damage than is necessary for the purpose.

5. The Assessor shall separately estimate the rateable value of each tenement, except in the following cases :-

(1.) Whenever the value of a tenement is affected by the value of another tenement, contiguous to it, or separated only by a road-way, and both tene- ments are owned by the same person, the two tenements may be valued together.

(2.) When two or more tenements are so built that their floors overlap or are intermixed, they may be valued as one tenement, the rates being charged against any one of the owners, who may be re- quired to adjust their respective shares of pay- ment of such rates amongst themselves.

Return of Annual Value.

6. Any owner of a tenement occupied by himself, for which no rent passes, or any owner of more than ten tene- ments may, within ten days from the service upon him of ask for time. Form A (1) or Form A (2), as provided by section 4, apply in writing to the Assessor for an extension of the time allowed for returning such form, stating his reasons for the application, and the Assessor may grant such extension of time, not exceeding twenty-eight days additional, as to him may appear reasonable.

General annual valuation.

Powers of Governor in Council.

Annual Valuations.

7. The Assessor shall make in each year, before the 30th of April, or as soon thereafter as may be, a valuation of the tenements in the Colony, or of such part thereof as the Governor in Council may direct.

8. The Governor in Council may--

(1.) Fix any other day as the day before which (or as soon thereafter as may be) the valuation shall be finished.

(2.) Adopt any valuation at any time existing, either wholly or in part, as the valuation for the ensuing year or any part thereof; and shall cause notice of such adoption, and of the extent thereof, to be published in the Gazette. Any existing valuation so adopted shall, for the purposes of appeal, be considered a new valuation.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

9. As soon as the said valuation is completed, the As- List of sessor shall make out a list of the several tenements as- valuations. sessed, and of their respective valuations, and shall deliver the same to the Colonial Secretary.

10. The Assessor shall make and subscribe, in the pre- Verification sence of the Colonial Secretary, a declaration to the effect of list. that the list contains a true account of all valuations made by him, and that the same is, to the best of his know- ledge and belief, complete and correct in every respect. After which, the Colonial Secretary shall deliver the list to the Treasurer.

11. After the list has been so declared and delivered, Corrections no alteration shall be made in it except as provided by sec- of errors. tions 23 and 25, or to correct merely clerical errors.

Such errors shall be declared by the Assessor before a Justice of the Peace in the form of Form E in the first schedule hereto, which shall be submitted to the Governor, who may, in his discretion, approve such corrections or any of them, and without whose written sanction no such correction shall be made.

12. When any tenement is valued for the first time, or Notice of when any existing valuation is altered, the Assessor shall, valuation. within fourteen days after the completion of the valuation, serve notice in writing upon the owner, or upon the occu- pier if the owner or his agent cannot be found, of such valuation having been made and of the amount thereof. Such notice may be given in the form of Forin C in the first schedule hereto: Provided that this section shall not apply to valuations of tenements in Chinese villages.

13. The omission to serve such notice shall not invali- Omission

to serve

date any valuation nor relieve any person from the pay- notice.

ment of rates.

14. The list, or an examined copy thereof, shall be List to be open to inspection at the Treasury during office hours for open for

　　　　　　　　　　　　　inspection. twenty-one days, of which notice shall be previously given in the Gazette and at least one English and one Chinese public newspaper, and any owner or occupier of any tene- ment included in such list may, during such twenty-one days, take any extract therefrom.

15. The Colonial Secretary, on receipt of the list of Country Chinese tenements for each country district, shall cause a districts. copy thereof to be made in Chinese (stating only the num- ber of each house, its valuation and the annual rates) and to be exhibited in a conspicuous place in the principal village of each district during the twenty-one days above mentioned.

Annual Valuations.-Appeal.

16. Any person aggrieved on any of the following Appeal. grounds-

(1.) That any tenement for which he is rateable is

valued beyond its rateable value;

(2.) That any tenement is assessed which is not rate-

able;

(3.) That any person who, or any tenement which, ought to be inserted in the list is omitted there- from;

(4.) That any tenement is valued therein below its

rateable value;

may, during the twenty-one days during which the list is open for inspection, lodge with the Registrar of the Supreme Court a notice of appeal to the Court in its Summary Jurisdiction. If an existing valuation has been adopted under sub-section 2 of section 8, such period of twenty-one days shall be reckoned from the date of the Gazette in which notice of such adoption shall be published. The Assessor shall be the respondent in any appeal under this section or section 28.

17. Such notice of appeal shall state fully the grounds Notice of on which the appeal is made, and the appellant shall, also appeal. within the period of twenty-one days before mentioned, cause a copy thereof to be served on the Assessor.

18. When the appeal is in relation to any tenement not Appeal the property or in the occupation of the appellant, the relative to appellant shall, within the same limit of time, cause a copy the property of such notice of appeal to be served on the person iute- rested in the result of the appeal, and such person may be heard upon the appeal.

145

146

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Prosecution of appeal.

Notice of hearing.

Appeal to be disallowed

in certain

cases.

But dis- allowance may, in

certain cases, be avoided.

Hearing appeal.

Interim valuations.

Entry of valuation.

Notice of valuation.

Payment.

Interim valuation appeal.

Rates fixed.

19. The appellant shall prosecute his appeal within one month from the expiry of the aforesaid period of twenty- one days, failing which, his right to appeal shall lapse.

20. On the fixing by the Court of a day for hearing such appeal, the appellant shall forthwith give notice there f to the Assessor,

21. Such appeal shall not be entertained by the Court if it shall be shown, to the satisfaction of the Judge-

(1.) That any of the provisions of sections 10 to 20 inclusive have not been complied with by the appel- lant.

(2.) That the appellant or his agent knowingly fur- nished false or incorrect particulars to the Assessor on Form A (1) or Form À (2) for the purposes of the valuation against which the appeal is made. (3.) That the appellant neglected or refused to supply the information required by section 4 within ten days of demand.

22. In any case in which an appeal might be disallowed under sub-section 3 of section 21, the Judge may, never- theless, hear the appeal, if it shall appear-

(.) That the omission to give the required informa- tion arose from the absence or disability of the appellant, or other unavoidable cause.

(2.) That application was made to the Assessor under section 6 for an extension of time, and was refused without good cause, or that the time allowed was not, in the opinion of the Court, of reasonable length.

23. The Court, upon proof that the notices required by sections 16 to 20 inclusive were given within the time fixed by those sections, shall hear and determine the matter of the appeal in a summary way, and may make such order therein as it thinks proper, with or without costs to any party; and may direct the Treasurer to amend the list in any manner. Such order of the Court shall be final and conclusive.

Interim Valuations.

24. The Assessor may at any time make an interim valuation of any tenement.

25. The Assessor shall notify the Treasurer of the amount of such valuation, and the Treasurer shall cause the same to be inserted in the list.

26. The Asses or shall, without delay, serve upon the owner of such tenement, or upon the occupier if the owner cannot be found, notice in the form of Form C of such valuation having been made, and of the amount thereof. No rates shall be recoverable in respect of such tenement until such notice has been served.

27. The rates assessed shall be payable from the first day of the month next following the assessment, and shall thereafter continue to be payable quarterly.

Interim Valuations.--Appeal.

28. Any person aggrieved by any interim valuation, on the ground that the tenement assessed is not rateable under this Ordinance, or that it is valued beyond its rateable value, may appeal to the Supreme Court in its summary jurisdiction, whereupon sections 16 to 23 inclu- sive shall apply in relation to such appeal. The period of twenty-one days mentioned in those sections shall be taken to be twenty-one days from the service on the owner or occupier of the tenement of notice as in Form C under this Ordinance, or in case such notice was not received by such owner or occupier, twenty-one days from the first demand upon him to pay the rates to which the appeal refers.

Rating.

29. After the time for appealing has expired the follow- ing percentages on the valuation of every tenement enu- merated in the list shall be payable as rates from the first day of July in cach year or from such other day as may from time to time be fixed by the Governor in Council,

for any tenement:-

viz.,

In the City of Victoria,

.13 per cent.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 147

In that portion of the Hill District bound- ed on the North, South and West by the 600-foot contour, and on the East by a line drawn North and South pass- ing through the Wanchai Gap; and in such other portion of the Hill District as may be hereafter, by order of the Gov- ernor, notified in the Gazette,...

In the remaining portion of the Hill Dis-

trict,

.103 percent.

In Yaumati, Kowloon Point, Hunghom

and Hunghom West Nos. 1 to 26,......124 per cent. In Hunghom West Nos. 27 to 53,

In Mong Kok Tsui,

In Causeway Bay, Kau Kan Ok, Po Kau Wat, San Tsun (otherwise Tai Hang), Shaukiwan, Shaukiwan West, Whitfeild (including North Point), Soo Kon Po, Tsing Shui Ma Tau, Tung Lo Wan, Wong Nai Chung, Kwat Chuen Lung, Sai Wan Ho, Shaukiwan Road, Wong- kok Tsui, Aberdeen and Hok Un, In any other place,

.83 per cent.

83 per cent.

.10 per cent.

9 per cent. 7 per cent.

Out of the rates levied in the City of Victoria and out of the rates levied in any other district or place where water is supplied by the Water Authority under the pro- visions of the Waterworks Ordinance, 1890, an amount not exceeding two per cent. of the valuation for the time being on the tenements in such city, district or place may, in the discretion of the Governor, be carried to the credit of the "Water Account" mentioned in section 16 of Or- dinance No. 16 of 1890.

30. On the valuation of piers not exempted by section Rates on 17 of the Piers Ordinance, 1899, wherever such piers may piers. be situate, a total charge of seven per cent shall be payable. When such piers are within the City of Victoria, and are valued in conjunction with adjoining tenements under section 5, the Assessor shall make a suitable deduction, not exceeding forty-five per cent., from the full rateable value of each pier, which may then be assessed as if it formed part of the adjoining tenement.

31. The rates provided for in sections 29 and 30 and Alteration the districts to which they apply may, from time to time, of rates. be altered by resolution of the Legislative Council. If

such resolution should be carried, the Governor shall fix a

date for its coming into effect.

32. The above rates shall be paid quarterly in advance Rates how at the Treasury within the first month of each quarter, paid. and the times appointed for such payment shall be notified quarterly by the Treasurer in the Gazette.

Payment and Recovery of Rates.

tax.

33. The owners and occupiers of all tenements shall be Rates to be liable to the Crown for payment of the rates assessed there- an occupier's on, but the same shall be deemed an occupier's rate, and, as between the owner and occupier of any tenement, shall, in the absence of any agreement to the contrary, be borne by the occupier; and the amount thereof, if paid by the owner, may be recovered by him from the occupier in an action for money paid to his use, or, if he is still in occupa- tion of the tenement, by distress in the same manner as for rent, and the provisions of this section shall equally apply to the recovery of rates paid by one owner on account of another under sub-section 2 of section 5.

34. If any person fail to pay any rates for which he is Recovery liable, within one month after the day notified in the of rates. Gazette as the last day for payment, the Treasurer may recover the same by suit in the summary jurisdiction of the Supreme Court, together with interest at the rate. of eight per cent. per annum from the day when such rates ought to have been paid until the day of payment.

Refund of Rates.

35. Refund of rates may be made subject to the fol- Refund of lowing rule :-

Whenever any tenement is unoccupied during one or more entire mouths of any quarter in respect of which the rates upon such tenement were paid in advance within the first month of such quarter, the Treasurer shall, subject to the provisions of section 36, refund the rates for such months:

rates.

148

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Mode of obtaining refund.

Court may entertain petition exceeding $1,000.

Want of notice.

Exemptious.

No other

Provided that no refund of rates shall be made in respect of the non-occupation of any portion less than the whole of any land or building which may have been assessed as a separate tenement.

36. Refunds may be obtained in the following man-

ner :-

(1.) The owner of any tenement may give notice to the Treasurer that such tenement is vacant not later than the fifteenth day of any month from the first day of which it is intended to claim such refund. (2.) So long as such tenement shall remain continu- ously unoccupied, no further notice shall be re- quired, but after the re-occupation of such tene- ment, notice of any subsequent vacancy shall again be required, as provided in the preceding sub-

section.

(3.) The person claiming the refund may, within fifteen days after the expiration of the quarter during which the tenement has been unoccupied, apply to the Treasurer in the Form D in the first schedule hereto, for such refund.

(4.) The Treasurer may refund the rates for one or more entire months during such quarter if due notice have been given, and if the Treasurer be satisfied that the tenement was unoccupied during such months, which he shall ascertain by causing it to be actually inspected from month to month. 37. Any person aggrieved by refusal on the part of the Treasurer to refund rates may apply to the Supreme Court in its summary jurisdiction, and the Court may adjudicate upon a petition for a refund of rates, although the claim exceeds one thousand dollars, and for the purpose of such adjudication may receive any evidence it thinks fit.

38. The petitioner shall not recover if the notice re- quired by section 36 of this Ordinance has not been given, the burden of proof whereof shall rest upon him.

Exemptions.

39.-(1.) Tenements below the rateable value of such minimum amount as may be fixed by the Governor in Council from time to time and notified in the Gazette, shall not be rateable.

(2.) The following tenements, so long as they are not occupied in any way for gain or pecuniary profit, shall not be rateable:

Almshouses.

Art Schools or Art Galleries.

Cemeteries.

Charitable dispensaries.

Free Libraries.

Government premises, whether Imperial or Colonial. Hospitals.

Museums.

Places of Worship.

Rifle ranges.

Schools.

The City Hall.

40. Except as provided by section 39, no exemption

exemptions from rates shall be allowed.

allowed.

House numbers.

Maintenance

House Numbering.

41. Every owner or occupier of any tenement shall allow such tenement to be numbered with such number and in such manner as the Assessor shall from to time direct.

42. The owner or occupier of such tenement shall allow of numbers. the maintenance or alteration of such number to the satis- faction of the Assessor, and shall not alter, conceal, remove, deface, or obliterate it.

Penalties.

43. The penalties hereinafter mentioned for offences against this Ordinance shall be recoverable in a summary way before a Magistrate at any time within two years from the commission of the offence.

(1.) Any owner or occupier of a tenement who refuses or neglects to furnish the particulars required under section 4 shall be liable to a penalty not exceeding one hundred dollars.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 149

(2.) Any person who shall knowingly furnish any false or incorrect particulars specified in Form Ä (1) or Form A (2) in the first schedule to this Ordi- nance shall be liable to a penalty not exceeding one hundred dollars for each tenement in respect of which such false or incorrect particulars are fur- nished.

(3.) Every owner or occupier of any tenement refusing to exhibit when required to the Assessor any receipt for rent or any book or other document relevant to the valuation shall be liable to a penalty not exceeding one hundred dollars.

(4.) Any person who shall prevent, hinder, or obstruct the Assessor from entering, inspecting, and measur- ing any tenement, after delivery of due notice of his intention to do so, and after the lapse of twenty- four hours from such notice, shall be liable to a penalty not exceeding one hundred dollars.

(5.) Any person who shall prevent, hinder, or obstruct the numbering or the maintenance or alteration of the number of any tenement, shall be liable to a penalty not exceeding twenty-five dollars.

(6.) Any person who shall conceal, remove, deface or obliterate the number of any tenement, shall be liable to a penalty not exceeding ten dollars; and also, in cases where such concealment or oblitera- tion arises from the act of the owner or occupier of such tenement, shall be liable to a penalty of one dollar for each day during which it is continued. (7.) Any person who gives any notice required by section 36 of this Ordinance, which is knowingly false or incorrect shall be liable to a penalty not exceeding one hundred dollars.

Miscellaneous.

44. Any notice required by this Ordinance to be served Service of upon the owner or occupier of any tenement shall be served notices. on the owner of such tenement if he can be found, or if not, on the occupier. Service on the occupier may be effected by leaving such notice at the tenement, or by sending it to such tenement through the Post. Service on the owner may be effected by leaving such notice at his usual address, or by sending it to such address through the Post.

45. A receipt for any notice signed or stamped by any Proof of officer of the Post Office shall be primâ facie evidence of service. the service of such notice at its address, except for the purposes of section 26.

46. No misnomer or inaccurate description of any per- Misnomers, son, place, or tenement, in any document required for the etc., not to purposes of this Ordinance, nor any mistake, informality, affect the or omission committed in any proceeding had hereunder, of this shall invalidate or prejudice such document or proceeding, Ordinance. or in any wise affect the execution of this Ordinance: pro- vided that such person, place, or tenement be designated in such document or proceeding to common intent and understanding, and that such mistake, informality or omis- sion be not of such a nature as to prevent the requirements of this Ordinance from being substantially complied with.

47. No Judge shall be incapable of acting in his judicial Judges may office in any proceeding, whether commenced before or act in cer- tain cases after the passing of this Ordinance, by reason of his being,

　　　　　　　　　　　　　　　　relating to as one of several rate-payers, or as one of any other class rates. of persons. liable in common with others to contribute to or to be benefitted by any rate which may be increased, diminished, or in any way affected by such proceeding.

48. The Governor in Council may, from time to time, Regulations. make, alter, and repeal regulations for the better carrying out of the provisions of this Ordinance. All such regula- tions shall be published in the Gazette, and when so pub-

lished shall have the force of law.

16 of Ordi- nance No.

49. The reference to section 28 of Ordinance No. 15 of Explanation 1888, in section 16 of the Waterworks Ordinance, 1890, of reference shall be deemed to be a reference to section 29 of this in section Ordinance, and if section 29 shall hereafter be amended, or the rates provided thereby be altered by resolution of 16 of 1890, the Legislative Council, the said reference shall be deemed to section. to be a reference to such section as amended or altered 28 of Ordi-

　　　　　　　　　　　　　　　　　　　nance No. from time to time.

15 of 1888.

150

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Repeal.

of April, 1901.

51. This Ordinance shall come into force on the 1st day

have been made under this Ordinance. valuation or appointment shall henceforth be deemed to made under any Ordinance so repealed, and any such shall not invalidate any valuation or any appointment hereto, are hereby repealed; Provided that such repeal 50. The Ordinances mentioned in the second Schedule

FIRST SCHEDULE.

Form A (1) [Section 4 (1.)]

FOR BUILDINGS, &C.

FOR THE ASSESSMENT OF THE YEAR 19

July 1st to June 30th.

In pursuance of the llating Ordinance, 1901, I require you to furnish me with the particulars relating to these Tenements in the manner specified below, and return the same to me at within ten days from the date hereof.

Hongkong,

ย

Assessor.

RETURN OF HOUSES, BUILDINGS, AND LANDS IN HONGKONG OF WHICH THE UNDERSIGNED IS OWNER OR OCCUPIER.

If the Tonment is sub-divided state No. of Sub-Tenants

Total Rent for the curret month for the

whole

Tenement. Stare if this includes Rates. and Rent paid | and it any portion by each.

of the

Tenement

is unoccupied.

If the Tenement is sub-divided, what prcentage from the

Total Annual Rent, do you • nsider you lose from portions of the Tenement being al times void.

If the whole Tenement is let or leased the l'eriod of Tenure, who entered upon, and whether the premises are kep in repair by the Owner or by the Lessee at his own cost.

Godowns

state

Storage

Capacity.

Name and Calling of

Occupier,

whether Owner, or Lessee.

Owner's distinguishing No. or Name

Tinement.

Description of

Tenement.

1. Whether Dwelling House with Out- houses and Garden occupied therewith, or 2. Warehouse or other {uilding, etc., separately occupied.

Signature of Owner or Occupier.

Note. Any person who knowingly furnishes false or incorrect particulars is liable to a fine of one hundred dollars for each tenement in respect of which such false or incorrect particulars are furnished. If the above information is not furnished within ten days, no appeal from the Assessment wil be allowed.

Street.

Lot.

No. of

Askess-

Tent.

Des-

Xo.

Name. No. crip-

tion.

Form A (2) [Section 4 (1.)]

FOR PIERS.

PARTICULARS AS TO THE PIER OPPOSITE MARINE

of the pier

1. State the length, breadth, and superficial area

7. What is the state of repair?

6. What is the Crown Rent?

able for the berthing of vessels?

2. How much of the length or breadth is avail-

8. What do you consider a fair annual rental

of the pier for the twelve months ending

5. Is the wharf used for packing merchandise?.

4. What was the average toll charged for each?...

3. How many steamers or other vessels made use

(gross)?

LOT No.

, OWNED BY

[Reply here.]

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901. 151

9. Have you allowed for the value of this pier in making a return of the value of any other tene- ment; if so, name such tenement and state to what extent such addition to its value was made?

Occupier.

Note. The term

Pier" includes "Wharf."

Form B. [Section 4 (4.)]

FOR THE ASSESSMENT OF THE YEAR 19

occupier of

I hereby give you notice under the provisions of section (4) of the Rating Ordinance, 1901. that I require permission to enter upon the above tenement for the purpose of inspecting the same, so as to enable me to fix the valuation thereof for the year 19 ; and that I intend to enter upon the said tenement on next between the hours of

Hongkong, the

and

Assessor.

Form C.

(Section 12.)

VALUATION FOR THE YEAR 19

(July 1st to June 30th)

UNDER THE RATING ORDINANCE, 1901.

You are

or occupier or holder of the tenements enumerated below. informed that the tenements specified below have been assessed to the rates for the above year at the rateable values separately entered against them.

Date

Assessor.

Lot.

Street.

No. of Asst.

Description Rate-

Descrip- No.

able Remarks. Tenement. Value.

Name. No.

tion.

Sir,

Form D. [Section 36 (3.)] THE RATING ORDINANCE, 1901.

Application for Refund of Rates.

Hongkong,

I request that you will refund the rates paid on the tenements and for the periods named helow. Notice has already been given you that those tenements were vacant during the periods stated, which do not include any broken month, and the rates in question were paid into the Treasury in advance during the first month of the quarter.

I am, &c.,

To the Treasurer,

No.

Street.

Owner or Agent.

Period for which refund is claimed.

* Received the above amount.

Owner or Agent.

NOTE.-If there are more houses than can be entered on the above form write on the back of this. This application must be made during the first fifteen days after the expiration of the quarter during which the tenements were vacant.

* This receipt must not be signed till the claim has been allowed by the Treasury.

152

THE HONGKONG COVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Form E. (Section 11.)

THE RATING ORDINANCE, 1901.

Permission is requested to make the following corrections in the Valuation List for the year 19

I declare that such corrections

are of clerical errors only. and that the values as so corrected are, to the best of my knowledge and belief, full and fair valuations of the tenements named below, and are correct in every particular.

Declared before me

Justice of the Peace.

Assessor.

Tenement.

Asst.

No.

Existing entry.

Corrected entry.

Reasons for the corrections.

No. Street.

Number and Year of Ordinance.

Approved

Governor.

SECOND SCHEDULE.

Table of Enactments Repealed.

Title of Ordinance.

Extent of Repeal.

No. 15 of 1888.

The Rating Ordinance.

No. 17 of 1890.

An Ordinance to amend Ordinance

No. 5 of 1892.

No. 33 of 1899.

The whole.

No. 15 of 18-8, entitled The Rating Ordinance, 1888.

An Ordinance to amend Ordinance The whole.

No. 15 of 1888, entitled "The Bating Ordinance, 1888," and Ordinance No. 16 of 1890. en- titled

The Waterworks Ordi-

nance, 1890."

An Ordinance to amend The Rating The whole.

Ordinance, 1888.

Objects and Reasons.

This Ordinance consolidates the four Ordinances as to Rating which it repeals.

The definition of "tenement" is modified as regards Piers in order to comply with the provisions of section 17 of the Piers Ordinance, 1899.

Section 29 embodies the alterations effected by resolu- tions of the Legislative Council passed since Ordinance No. 5 of 1892 came into operation.

In section 35 the words "within the first month of such quarter" and "subject to the provisions of section 36" have been inserted to prevent any ambiguity.

The only substantial amendment is contained in sub- section (1.) of section 39, which is new. It confers upon the Governor in Council power, if he thinks fit so to do, to fix a minimum rateable value for tenements, below which they shall not be rateable at all: This is desirable, for in some villages there are premises the quarterly rates in respect of which amount only to a few cents, while the trouble and expense of collection and enforcement of

　　　　　　　　　　　　　　　pay- ment, are entirely out of proportion to the benefit derived by the Treasury. Indeed, where launch hire for the col- lector has to be taken into consideration, the revenue gains practically nothing. The remaining amendments are only formal."

W. MEIGH GOODMAN, Attorney General,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

A BILL

ENTITLED

An Ordinance to consolidate and amend the Laws

relating to Trustees.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Trustee Ordinance, Short title. 1901.

2. In this Ordinance, unless the context otherwise re- Interpreta- quires,---

"Contingent Right,' as applied to land, includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent :

tion of terms, 56 & 57 Vict. C. 53 s. 50.

"Convey" and "Conveyance" applied to any person include the execution by that person of every necessary or suitable assurance for conveying, assigning, appoint- ing, surrendering, or otherwise transferring or disposing of land whereof he is seized or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the perform- ance of all formalities required by law to the validity of the conveyance, including the acts to be performed by married women in accordance with the provisions of the Married Women's Disposition of Property Ordin- No. 12 of ance, 1885:

"Devisee includes the heir of a devisee and the devisee of an heir, and any person who may claim right by devolution of title of a similar description: "Instrument includes Act of Parliament and Ordin-

ance:

"Land" includes incorporea! as well as corporeal here- ditaments, and any interest therein, and also an un- divided share of land :

"Mortgage" and "Mortgagee" include and relate to every estate and interest regarded in equity as merely a security for money, and every person deriving title under the original mortgagee :

"Pay" and "Payment," as applied in relation to stocks and securities, and in connexion with the ex- pression "into Court," include the deposit or transfer of the same in or into Court :

"Possessed" applies to receipt of income of, and to any vested estate less than a life estate, legal or equitable, in possession or in expectancy, in, any land: "Property" includes movable and immovable property, and any estate and interest in any property, movable or immovable, and any debt, and any thing in action, and any other right or interest, whether in possession

or not :

Rights" includes estates and interests:

"Securities" includes stocks, funds, and shares; and, so far as relates to payments into Court, includes Im- perial Government securities, and any security of any foreign state, any British possession, or any body cor- porate or company, or standing in books kept by any body corporate, company, or person in the United King- dom or in this Colony, and all stocks, funds, and effects: "Stock" includes fully paid up shares; and, so far as relates to vesting orders made by the Court under this Ordinance, includes any fund, annuity, or security transferable in books kept by any company or society, or by instrument of transfer, either alone or accom- panied by other formalities, and any share or interest therein :

"The Court

means the Supreme Court:

"Transfer", in relation to stock, includes the perform- ance and execution of every deed, power of attorney, act, and thing on the part of the transferor to effect and complete the title in the transferee :

"Trust 19

does not include the duties incident to an estate conveyed by way of mortgage; but with this exception "trust and "trustee include implied and constructive trusts, and cases where the trustee has a

1885.

153

154

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Appointment of Official Trustee. Ord. No. 7

beneficial interest in the trust property, and the duties incident to the office of personal representative of a deceased persou.

PART I.

THE OFFICIAL TRUSTEE.

3.-(1.) For the purpose of carrying into effect the pro- visions of this Part, it shall be lawful for the Governor from time to time to appoint a fit and proper person to be of 1873 s. 3. Official Trustee under this Ordinance.

credit of

Official Trustee.

Ib. s. 4 and 56 & 57 Vict.

c. 53 s. 42.

(2.) The said office shall have perpetual succession, and all lands or any interests therein, and all moneys, stocks, and securities and land which may be vested in the Official Trustee under this Part shall be deemed to be vested in the Official Trustee for the time being, without any further transfer or conveyance.

Payment of 4. Trustees, or the majority of trustees, having in their trust moneys hands or under their control any moneys belonging to any into bank to trust, shall be at liberty, on filing in the Registry of the Court an affidavit shortly describing the instrument creat- ing the trust, according to the best of their knowledge and belief, to pay the same, with the privity of the Official Trustee and in accordance with such directions as they may receive for the purpose from him into the Court and the said trust moneys shall be paid through the Treasury into the bank of the Government on deposit bearing interest, or otherwise, to the account of the Official Trustee (by his official designation) in the matter of the particular trust (describing the same by the names of the parties, as accu- rately as may be, for the purpose of distinguishing it), in' trust to attend the orders of the Court.

Transfer of trust secur- ities into name of Official Trustee.

Ord. No. 7

5. Trustees, or the majority of trustees, having any secu- rities standing in their names in the books of any public company or corporation established in the Colony, or in the names of any deceased persons of whom they are personal representatives, upon any trust, shall be at liberty, on filing such affidavit as aforesaid, to transfer such securities, with of 1873 s. 4. such privity and in accordance with such directions as aforesaid, into the name of the Official Trustee (by his official designation) or to deposit the same in his name in such bank as aforesaid in the matter of the particular trust (describing the same as aforesaid), in trust to attend the orders of the Court.

Conveyance of land in trust to Official Trustee. Ib.

Certificate to

be given by Official

Trustee.

Ib.

Order for payment, etc., by

majority of

trustees without concurrence

of others.

c. 53 s. 42.

6. Trustees, or the majority of trustees, in whom any land within the Colony is or becomes vested upon any trust shall be at liberty, on filing such affidavit as aforesaid, to convey such land, with such privity and in accordance with such directions as aforesaid, to the Official Trustee, in trust to attend the orders of the Court.

7. In every such case as aforesaid the certificate of the Official Trustee for the moneys so paid, or of the transfer or deposit of such securities, or of the conveyance of such land shall be a sufficient discharge to such trustees or other persons for the moneys so paid, or the stocks or secur- ities so transferred or deposited, or the land so conveyed as aforesaid.

8.-(1.) Where any moneys or securities, or any land, are or is vested in any persons as trustees, and the majority of them are desirous of paying, transferring, depositing, or conveying the same as aforesaid, but the concurrence of the other or others cannot be obtained, the Court may order the payment, transfer, deposit, or conveyance to be made by the 56 & 57 Vict. majority without the concurrence of the other or others; and where any such moneys or securities are deposited with any banker, broker, or other depositary, the Court may order payment or delivery of the moneys or securities to the ma- jority of the trustees for the purpose of payment into Court. (2.) Every payment, transfer, deposit, delivery, and con- veyance made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the moneys, secu- rities, or the land, so paid, transferred, deposited, delivered, or conveyed.

Administra-

estate.

Ord. No. 7

9.--(1.) Such orders as may seem fit shall from time to tion of trust time be made by the Court in respect of the trust estate

and for the investment and

payment of any

such moneys, of 1873 s. 5. or of any dividends or interest on any such securities, and for the transfer and delivery out of any such securities, and for the administration of any such trust generally, upon a

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

petition to be presented in a summary way to the Court by such party or parties as to the Court may appear to be competent and necessary in that behalf, and service of such petition shall be made upon such person or persons as the Court may see fit and direct.

(2.) Every order made upon any such petition shall have the same authority and effect, and shall be enforced in the same manner, as if the same had been made in an action regularly instituted in the Court.

(3.) If in any case it appears that the 'trust estate can- not be safely administered without the institution of one or more action or actions, the Court may direct any such action or actions to be instituted.

estate admi.

10.-(1.) There shall be imposed and levied for the use Charges of the Crown upon every trust estate administered under upon trust this Part a charge equivalent to the following percent-nistered by age on the net value of the trust estate, that is to say, Official two per cent. where the value of the trust estate does not Trustee. exceed ten thousand dollars, and where the value exceeds ten Ord. No. 7 thousand dollars two per cent. on the first ten thousand of 1873 s. 6. dollars and one per cent. on the excess.

(2.) The said charge shall constitute a primary lien upon. the trust estate, and shall be levied in the case of trust moneys deposited in a bank by an order of the Court, au- thorizing the payment thereof to the Official Trustee for the use of the Crown, and in the case of securities or land by sale, mortgage, or otherwise as the Court may direct, and in case of any such sale or mortgage, the Court may, by the same or any further order, empower the Official Trustce to execute all instruments necessary for carrying out this provision, and instruments so executed shall be as valid and effectual to all intents and purposes as if the same had been executed by all persons who, but for this provision, would have been necessary parties thereto.

(3.) There shall also be imposed and levied for the use of Ord. No. 5 the Crown upon every such estate a charge equivalent to of 1885. two per cent. on the annual revenue of the trust estate. The Official Trustee shall deduct such charge in making up

the annual accounts of the estate, and pay the same into the Treasury.

11. In the administration of any trust estate the Official General Trustee shall have and may exercise all the rights and rights and powers conferred upon trustees by this Ordinance, so far as official they are applicable to such trust estate.

powers of

Trustee.

New.

　　　　　　　　　　　　　trust Trustee. as aforesaid, or by reason of any loss accruing to any estate in his hands, otherwise than by his own wilful neglect Ord. No. of or default: Provided that nothing in this Part shall be deemed to affect any rights or remedies against the trust estate or against any cestui que trust or any person other than the Official Trustee and the trustee so discharged as aforesaid.

13. The rules contained in the First Schedule to this

1873 s. 8.

Rules for summary

Ordinance shall be observed in proceedings under the pro- administra- visions of this Part relating to the summary adminis- tion of trust tration of trust funds, subject to the repeal or variation funds. thereof under the powers for the time being vested in 1b. s. 9. the Court in relation to the making of general rules and First

　　　　　　　　　　　　　　　　　　　Schedule. orders.

155

PART II.

INVESTMENTS.

investments.

14. A trustee may, unless expressly forbidden by the Authorized instrument, if any, creating the trust, invest any trust funds in his hands, whether at the time in a state of investment or not, in manner following, that is to say,-

(1.) in any of the parliamentary stocks or public funds

or Government securities of the United Kingdom ; (2.) on real or heritable securities in Great Britain or

Ireland;

(3.) in the stock of the Bank of England or the Bank

of Ireland;

(4.) in India three and a half per cent. stock and India three per cent. stock, or in any other capital stock which may at any time hereafter be issued by

56 & 57 Viot, c. 53 s. 1.

156

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Purchase at

the Secretary of State in Council of India under the authority of Act of Parliament and charged on the revenues of India ;

(5.) in any securitics the interest of which is for the

time being guaranteed by Parliament; (6.) in consolidated stock created by the Metropolitan Board of Works, or by the London County Council, or in debenture stock created by the Receiver for the Metropolitan Police District;

(7.) in the debenture or rentcharge, or guaranteed or preference stock of any railway company in Great Britain or Ireland incorporated by special Act of Parliament, and having, during each of the ten years last past before the date of investment, paid a dividend at the rate of not less than three per cent. per annum on its ordinary stock; (8.) in the stock of any railway or canal company in Great Britain or Ireland whose undertaking is leased in perpetuity or for a term of not less than two hundred years at a fixed rental to any such railway company as is mentioned in sub-section (7.), either alone or jointly with any other railway company; (9.) in the debenture stock of any railway company in India the interest on which is paid or guaranteed by the Secretary of State in Council of India ; (10.) in the "B" annuities of the Eastern Bengal, the East Indian, and the Scinde, Punjaub, and Delhi Railways, and any like annuities which may at any time hereafter be created on the purchase of any other railway by the Secretary of State in Council of India, and charged on the revenues of India, and which may be authorized by Act of Parliament to be accepted by trustees in lieu of any stock held by them in the purchased railway; also in deferred annuities comprised in the register of holders of annuity Class D. and annuities comprised in the register of annuitants Class C. of the East Indian Railway Company;

(11.) in the stock of any railway company in India upon which a fixed or minimum dividend in sterling is paid or guaranteed by the Secretary of State in Council of India, or upon the capital of which the interest is so guaranteed ;

(12.) in the debenture or guaranteed or preference stock of any company in Great Britain or Ireland established for the supply of water for profit, and incorporated by special Act of Parliament or by Royal Charter, and having, during each of the ten years last past before the date of investment, paid a dividend of not less than five pounds per cent. on its ordinary stock;

(13.) in nominal or inscribed stock issued, or to be issued, by the corporation of any municipal borough in the United Kingdom having, according to the returns of the last census prior to the date of invest- ment, a population exceeding fifty thousand, or by any county council in the United Kingdom, under the authority of any Act of Parliament or Provi- sional Order;

(14.) in nominal or inscribed stock issued, or to be issued, by any commissioners incorporated by Act of Parliament for the purpose of supplying water, and having a compulsory power of levying rates over an arca having, according to the returns of the last census prior to the date of investment, a population exceeding fifty thousand, provided that, during each of the ten years last past before the date of invest- ment, the rates levied by such commissioners have not exceeded eighty per cent. of the amount au- thorized by law to be levied ;

(15.) in any of the securities for the time being author- ized for the investment of cash under the control or subject to the order of the High Court of Justice in England; and

(16.) in any securities authorized by the Court on sum- mary application for that purpose made in Chambers, and may also from time to time vary any such investment.

15.-(1.) A trustee may, under the powers of this premium of Ordinance, invest in any of the securities mentioned or redeemable referred to in the last preceding section, notwithstanding 56 & 57 Vict. that the same may be redeemable and that the price ex- c. 53 s.2 ceeds the redemption value.

stock.

تم

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 157

(2.) Provided that a trustee may not, under the powers

of this Ordinance, purchase at a price exceeding its redemption value any stock mentioned or referred to in sub-sections (7.), (9.), (11.), (12.), and (13.) of the last preceding section which is liable to be redeemed within fifteen years of the date of purchase at par or at some other fixed rate, or pur- chase any such stock as is mentioned or referred to in the sub-sections aforesaid which is liable to be redeemed at par or at some other fixed rate, at a price exceeding fifteen per cent. above par or such other fixed rate.

(3.) A trustee may retain until redemption any redeem- able stock, fund, or security which may have been purchased in accordance with the powers of this Ordinance.

16. Every power conferred by the preceding sections Discretion of of this Part shall be exercised according to the discretion of trustees. the trustee, but subject to any consent required by the 56 & 57 Vict. instrument, if any, creating the trust with respect to the investment of the trust funds.

c. 53 s. 3.

17. The preceding sections of this Part shall apply as well Application to trusts created before as to trusts created after the com- of preceding

　　　　　　　　　　　　　　　　　　　sections of mencement of this Ordinance, and the powers thereby Part II. conferred shall be in addition to the powers conferred by the Ib. s. 4. instrument, if any, creating the trust.

18.-(1.) A trustee having power to invest in real Enlargement securities, unless expressly forbidden by the instrument of express creating the trust, may invest, and shall be deemed to have powers of always had power to invest,-

(a.) on mortgage of property in the United Kingdom or in this Colony held for an unexpired term of not less than fifty years, and not subject to any condition for re-entry, except for non-payment of rent; and (b.) on any charge, or on mortgage of any charge, made under the Improvement of Land Act, 1864. (2.) A trustee having power to invest in the mortgages or bonds of any railway company or of any other descrip- tion of company may, unless the contrary is expressed in the instrument authorizing the investment, invest in the debenture stock of a railway company or such other com- pany as aforesaid.

(3.) A trustee having power to invest money in the debentures or debenture stock of any railway or other company may, unless the contrary is expressed in the in- strument authorizing the investment, invest in any nominal debentures or nominal debenture stock issued under the Local Loans Act, 1875.

(4.) A trustee having power to invest money in secur- ities in the Isle of Man, or in securities of the Government of a British Colony, may, unless the contrary is expressed in the instrument authorizing the investment, invest in any securities of the Government of the Isle of Man, under the Isle of Man Loans Act, 1880.

(5.) A trustee having a general power to invest trust moneys in or upon the security of shares, stock, mortgages, bonds, or debentures of companies incorporated by or act- ing under the authority of an Act of Parliament or Ordin- ance may invest in, or upon the security of, mortgage debentures duly issued under and in accordance with the provisions of the Mortgage Debenture Act, 1865.

investment. Ib. s. 5.

19. A trustee having power to invest in the purchase of Power to land or on mortgage of land may invest in the purchase or invest, not- on mortgage of any land, notwithstanding the same is withstand- charged with a rent under the powers of the Public Money charges.

　　　　　　　　　　　　　　ing drainage Drainage Acts, 1846 to 1856, or the Landed Property Im- 16. s. 6. provement (Ireland) Act, 1847, or by an absolute order made under the Improvement of Land Act, 1864, unless the terms of the trust expressly provide that the land to be purchased or taken in mortgage shall not be subject to any such prior charge.

20.-(1.) A trustee, unless authorized by the terms of Trustees not his trust, shall not apply for or hold any certificate to bearer to convert issued under the authority of any of the following Acts, that is to say,-

(a.) the India Stock Certificate Act, 1863;

inscribed stock into certificates to bearer.

Ib. s. 7.

(b.) the National Debt Act, 1870;

(c.) the Local Loans Act, 1875; and

(d.) the Colonial Stock Act, 1877.

158

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Loans and

breaches of

trust.

56 & 57 Vict.

c. 53 8. 8.

(2.) Nothing in this section shall impose on the Bank of England or the Bank of Ireland, or on any person author- ized to issue any such certificates, any obligation to inquire whether a person applying for such a certificate is or is not a trustee, or subject them to any liability in the event of their granting any such certificate to a trustee, or inva- lidate any such certificate if granted.

21. (1.) A trustee lending money on the security of investments any property on which he can lawfully lend shall not be by trustees

chargeable with breach of trust by reason only of the pro- not charge- able as

portion borne by the amount of the loan to the value of the property at the time when the loan was made, provided that it appears to the Court that, in making the loan, the trustee was acting upon a report as to the value of the property made by a person whom he reasonably believed to be an able practical surveyor or valuer instructed and em- ployed independently of any owner of the property, whether such surveyor or valuer carried on business in the locality where the property is situate or elsewhere, and that the amount of the loan does not exceed two equal third parts of the value of the property as stated in the report, and that the loan was made under the advice of the surveyor or valuer expressed in the report.

reason of

(2.) A trustee lending money on the security of any leasehold property shall not be chargeable with breach of trust only upon the ground that, in making the loan, he dispensed either wholly or partly with the production or investigation of the lessor's title.

(3.) A trustee shall not be chargeable with breach of trust only upon the ground that, in effecting the purchase of or in lending money upon the security of any property, he has accepted a shorter title than the title which a pur- chaser is, in the absence of a special contract, entitled to require, if, in the opinion of the Court, the title accepted be such as a person acting with prudence and caution would have accepted.

(4.) This section applies to transfers of existing securities as well as to new securities, and to investments made as well before as after the commencement of this Ordinance.

22.-(1.) Where a trustee improperly advances trust Liability for money on a mortgage security which would at the time of loss by

the investment be a proper investment in all respects for a smaller sum than is actually advanced thereon, the security improper investment. shall be deemed an authorized investment for the smaller lb. s. 9 and sun, and the trustee shall only be liable to make good the 57 & 58 Vict. sum advanced in excess thereof, with interest.

c. 10 s. 4.

(2.) A trustee shall not be liable for breach of trust by reason only of his continuing to hold an investment which has ceased to be an investment authorized by the instrument creating the trust or by the general law.

(3.) This section applies to investments made as well. before as after the commencement of this Ordinance.

Power of appointing new trustees.

56 & 57 Vict. c. 53 s. 10.

PART III.

VARIOUS POWERS AND DUTIES OF TRUSTEES.

Appointment of New Trustees.

23.-(1.) Where a trustee, either original or substituted and whether appointed by a Court or otherwise, is dead, or remains out of the Colony for more than twelve months, or desires to be discharged from all or any of the trusts or powers reposed in or conferred on him, or refuses or is unfit to act therein, or is incapable of acting therein, then the person or persons nominated for the purpose of appoint- ing new trustees by the instrument, if any, creating the trust, or, if there is no such person or no such person able and willing to act, then the surviving or continuing trustees or trustee for the time being, or the personal representatives of the last surviving or continuing trustee, may, by writing, appoint another person or other persons to be a trustee or trustees in the place of the trustee dead, remaining out of the Colony, desiring to be discharged, refusing, or being unfit or being incapable, as aforesaid.

(2.) On the appointment of a new trustee for the whole or any part of trust property-

(a.) the number of trustees may be increased; and

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(b.) a separate set of trustees may be appointed for any part of the trust property held on trusts distinct from those relating to any other part or parts of the trust property, notwithstanding that no new trustees or trustee are or is to be appointed for other parts of the trust property, and any existing trustee may be ap- pointed or remain one of such separate set of trustees; or, if only one trustee was originally appointed, then one separate trustee may be so appointed for the first-mentioned part; and

(c.) it shall not be obligatory to appoint more than one new trustee where only one trustee was originally appointed, or to fill up the original number of trustees where more than two trustees were originally appointed; but, except where only one trustee was originally appointed, a trustee shall not be dis- charged under this section from his trust unless there will be at least two trustees to perform the trust; and

(d.) any assurance or thing requisite for vesting the trust property, or any part thereof, jointly in the persons who are the trustees, shall be executed or done.

(3.) Every new trustee so appointed, as well before as after all the trust property becomes by law, or by assurance or otherwise, vested in him, shall have the same powers, authorities, and discretions, and may in all respects act, as if he had been originally appointed a trustee by the instrument, if any, creating the trust.

(4.) The provisions of this section relative to a trustee who is dead include the case of a person nominated trustee in a will but dying before the testator, and those relative to a continuing trustee include a refusing or retiring trustee, if willing to act in the execution of the provisions of this section.

(5.) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust, and shall have effect subject to the terms of that instrument and to any provisions therein contained.

(6.) This section applies to trusts created either before or after the commencement of this Ordinance.

c. 53 s. 11.

24. (1.) Where there are more than two trustees, if Retirement one of them by deed declares that he is desirous of being of trustee. discharged from the trust, and if his co-trustees, and such 56 & 57 Vict. other person, if any, as is empowered to appoint trustees, by deed consent to the discharge of the trustee, and to the vesting in the co-trustees alone of the trust property, then the trustee desirous of being discharged shall be deemed to have retired from the trust, and shall, by the deed, be dis- charged therefrom under this Ordinance, without any new trustee being appointed in his place.

(2.) Any assurance or thing requisite for vesting the trust property in the continuing trustees alone shall be executed or done.

(3.) This section applies only if and as far as a contrary intention is not expressed in the instrument, if any, creating the trust, and shall have effect subject to the terms of that instrument and to any provisions therein contained.

(4.) This section applies to trusts created either before or after the commencement of this Ordinance.

25.-(1.) Where a deed by which a new trustee is ap- Vesting of pointed to perform any trust contains a declaration by the trust pro-

　　　　　　　　　　　　　　　　　perty in new appointor to the effect that any estate or interest in any or continuing land subject to the trust, or in any chattel so subject, or trustees. the right to recover and receive any debt or other thing in Tb. s. 12. action so subject, shall vest in the persons who by virtue of the deed become and are the trustees for performing the trust, that declaration shall, without any conveyance or assignment, operate to vest in those persons, as joint ten- ants and for the purposes of the trust, that estate, interest, or right.

(2.) Where a deed by which a retiring trustee is dis- charged under this Ordinance contains such a declaration as is in this section mentioned by the retiring and continu- ing trustees, and by the other person, if any, empowered to appoint trustees, that declaration shall, without any con- veyance or assignment, operate to vest in the continuing trustees alone, as joint tenants and for the purposes of the trust, the estate, interest, or right to which the declaration relates.

159

160

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Power of

trustee for sale to sell by public auction, etc.

56 & 57 Vict.

c. 53 s. 13.

(3.) This section does not extend to land conveyed by way of mortgage for securing money subject to the trust, or to any such share, stock, annuity, or property as is only transferable in books kept by a company or other body, or in manner directed by or under any Act of Parliament or Ordinance.

(4.) For purposes of registration of the deed in any registry, the person or persons making the declaration shall be deemed the conveying party or parties, and the convey- ance shall be deemed to be made by him or them under a power conferred by this Ordinance.

(5.) This section applies only to deeds executed after the commencement of this Ordinance.

Purchase and Sale.

26.-(1.) Where a trust for sale or a power of sale of property is vested in a trustee, he may sell or concur with any other person in selling all or any part of the property, either subject to prior charges or not, and either together Or in lots, by public auction or by private contract, subject to any such conditions respecting title or evidence of title or other matter as the trustee thinks fit, with power to vary any contract for sale and to buy in at any auction, or to rescind any contract for sale and to re-sell, without being answerable for any loss.

(2.) This section applies only if and as far as a contrary intention is not expressed in the instrument creating the trust or power, and shall have effect subject to the terms of that instrument and to the provisions therein contained.

(3.) This section applies only to a trust or power created by an instrument coming into operation after the commence- ment of this Ordinance.

Power to sell 27.-(1.) No sale made by a trustee shall be impeached. subject to by any beneficiary upon the ground that any of the condi- depreciatory tions subject to which the sale was made may have been unaccessarily depreciatory, unless it also appears that the consideration for the sale was thereby rendered inadequate.

conditions.

Ib. s. 14.

Case of married

woman bare trustee. Ib. s. 16.

Power to authorize receipt of money by solicitor or banker. Ib. s. 17.

(2.) No sale made by a trustee shall, after the execution of the conveyance, be impeached as against the purchaser upon the ground that any of the conditions subject to which the sale was made may have been unnecessarily depreciatory, unless it appears that the purchaser was acting in collusion with the trustee at the time when the contract for sale was made.

(3.) No purchaser, upon any sale made by a trustee, shall be at liberty to make any objection against the title upon the ground aforesaid.

(4.) This section applies only to sales made after the commencement of this Ordinance.

28. When any land is vested in a married woman as a bare trustee she may convey or surrender it as if she were a feme sole.

Various Powers and Liabilities.

29.-(1.) A trustee may appoint a solicitor to be his agent to receive and give a discharge for any money or valuable consideration or property receivable by the trustee under the trust, by permitting the solicitor to have the custody of and to produce a deed having in the body thereof or indorsed thereon a receipt for consideration money or other consideration, the deed being executed or the indorsed receipt being signed by the trustee; and a trustee shall not be chargeable with a breach of trust by reason only of his having made or concurred in making any such appointment. The producing of any such deed by the solicitor shall have the same validity and effect as if the person appointing the solicitor had not been a trustee.

(2.) A trustee may appoint a banker or solicitor to be his agent to receive or give a discharge for any money pay- able to the trustee under or by virtue of a policy of assurance, by permitting the banker or solicitor to have the custody of and to produce the policy of assurance with a receipt signed by the trustee; and a trustee shall not be chargeable with a breach of trust by reason only of his having made or con- curred in making any such appointment.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

or under the control of the solicitor or banker for a period longer than is reasonably necessary to enable the solicitor or banker, as the case may be, to pay or transfer the same to the trustee.

(4.) This section applies only where the money or valu- able consideration or property is received after the com- mencement of this Ordinance.

(5.) Nothing in this section shall authorize a trustee to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do, by the instrument creating the trust.

payment of

30.-(1.) A trustee may insure against loss or damage Insurance of by fire any building or other .insurable property to any building and amount (including the amount of any insurance already on premiums. foot) not exceeding three equal fourth parts of the full value 56 & 57 Vict. of such building or property, and pay the premiums for such c. 53 s. 18. insurance out of the income thereof or out of the income of any other property subject to the same trusts, without ob- taining the consent of any person who may be entitled wholly or partly to such income.

(2.) This section does not apply to any building or pro- perty which a trustee is bound forthwith to convey ab- solutely to any beneficiary upon being requested to do so.

(3.) This section applies to trusts created either before or after the commencement of this Ordinance, but nothing in this section shall authorize any trustee to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do, by the instrument creating the trust.

any

renewable

Ib, s. 19.

31.-(1.) A trustee of any leaseholds for lives or years Power of which are renewable from time to time, either under trustee of covenant or contract, or by custom or usual practice, may, leaseholds to if he thinks fit, and shall, if thereto required by any person renew and having any beneficial interest, present or future or con- raise money tingent, in the leaseholds, use his best endeavours to obtain for the from time to time a renewed lease of the same hereditaments purpose. on the accustomed and reasonable terms, and for that pur- pose may from time to time make or coucur in making a surrender of the lease for the time being subsisting, and do all such other acts as may be requisite: Provided that where, by the terms of the settlement or will, the person in posses- sion for his life or other limited interest is entitled to enjoy the same without any obligation to renew or to con- tribute to the expense of renewal, this section shall not apply unless the consent in writing of that person is ob- tained to the renewal on the part of the trustee.

(2.) If money is required to pay for the renewal, the trustee effecting the renewal may pay the same out of any money then in his hands in trust for the persons bene- ficially interested in the lands to be comprised in the renewed lease, and if he has not in his hands sufficient money for the purpose, he may raise the money required by mortgage of the hereditaments to be comprised in the renewed lease, or of any other hereditaments for the time being subject to the uses or trusts to which those heredita- ments are subject, and no person advancing money upon a mortgage purporting to be under this power shall be bound to see that the money is wanted or that no more is raised than is wanted for the purpose.

(3.) This section pplies to trusts created either before or after the commencement of this Ordinance, but nothing in this section shall authorize any trustee to do anything which he is in express terms forbidden to do, or to omit to do anything which he is in express terms directed to do, by the instrument creating the trust.

32. In all cases where by any will, deed, or other instru- Power ment of settlement it is expressly declared that trustees or under settle-

therein n med or indicated shall have a power other persons

ment to sell or exchange of sale, either generally or in any particular event, over any land. land named or referred to in or from time to time subject Ord. No. 7 to the trusts of such will, deed, or other instrument, it shall of 1873 s. 14. be lawful for such trustees or other persons, whether the land is vested in them or not, to exercise the power of sale by selling the land either together or in lots, and either by public auction or by private contract, and either at one time or several times, and in case the power expressly authorizes an exchange) to exchange any land which for the time being may be subject to the trusts aforesaid for any other land in the Colony, as the case may be, and upon such exchange to give or receive any money for equality of exchange.

161

162

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Power to

on sale or

1873 s. 15.

33. It shall be lawful for the persons making any sneh make special sale or exchange to insert any such special or other stipula- stipulations tions. either as to title or evidence of title or otherwise, in exchange. any conditions of sale, or contract for sale or exchange; aš Ord. No. 7 of they may think fit, and also to buy in the land or any part thereof at any sile by public auction, and to rescind or vafy any contract for sale or exchange, and to resell the land which is so bought in or as to which the contract is so re- scinded, without being responsible for any loss which may be occasioned thereby, and uo purchaser under any such sale shall be bound to inquire whether the persons making the same may or may not have in contemplation any particular re-investiment of the purchase money in the purchase of any other land or otherwise.

Power to

convey on sale or exchange. Ib. s. 16.

l'ower of

trustee to

56 & 57 Vict. c. 53 s. 20.

34. For the purpose of completing any such sale or exchange as aforesaid, the persons empowered to sell or exchange as aforesaid shall have full power to convey or otherwise dispose of the land in question, as may be neces-

sury..

35.-(1.) The receipt in writing of any trustee for any money, securities, or other personal property or effects pay- give receipts able, transferable, or deliverable to him under any trust or 'power shall be a sufficient discharge for the samne, and shall effectually exonerate the person paying, transferring, or delivering the same from seeing to the application or being answerable for any loss or misapplication thereof.

Fower for exécutor or trustee to compound debt, etc. Tb. s. 21.

Liability of executor in respect of rents, etc., in lease.

1873 s. 12.

(2.) This section applies to trusts created either before or after the commencement of this Ordinance.

36.-(1.) An executor or administrator may pay or allow any debt or claim on any evidence that he thinks sufficient.

(2.) An executor or administrator, or two or more trustees, acting together, or a sole acting trustee where by the instru ment, if any, creating the trust a sole trustee is authorized to execute the trusts and powers thereof, may, if and as he or they may think fit, accept any composition or any seenr- ity, movable or immovable, for any debt or for any property, movable or immovable, claimed, and may allow any time for payment of any debt, and may compromise, compound, abandon, submit to arbitration, or otherwise settle any debt, account, claim, or thing whatever relating to the testator's or intestate's estate or to the trust, and for any of those purposes may enter into, give, execute, and do such agreements, instruments of composition or arrangement, releases, and other things as to him or them may seem expe- dient, without being responsible for any loss occasioned by any act or thing so done by hit or them in good faith.

(3.) This section applies only if and as far as a contrary "intention is not expressed in the instrument, if any, creating the trust, and shall have effect subject to the terms of that instrument and to the provisions therein contained.

(4.) This section applies to executorships, administrator- ships, and trusts constituted or created either before or after the commencement of this Ordinance.

37.-(1.) Where an executor or administrator, liable as such to the rents, covenants, or agreements contained in any lease or agreement for a lease granted or assigned to the * testator or intestate whose estate is being administered, has Ord. No. 7 of satisfied all such liabilities under the lease or agreement for a lease as may have accrued due and been claimed up to the time of the assignment hereinafter mentioned, and has set apart a sufficient fund to answer any future claim that may be made in respect of any fixed and ascertained sum co- venanted or agreed by the lessee to be laid out on the pro- perty demised or agreed to be demised, although the period for laying out the same may not have arrived, and has assigned the lease or agreement for a lease to a purchaser thereof, he shall be at liberty to distribute the resilney personal estate of the deceased to and amongst the parties entitled thereto respectively, withont appropriating a y part or any further part, as the case may be, of the personal estate of the deceased to meet any future liability un ler the lease or agreement for a lease; and the exentor or admin. istrator so distributing the residuary estate shall not, aftur having assigned the lease or agreement for a le so, and having, where necessary, set apart such sufficient fund as aforesaid, be personally liable in respect of any sub- sequent claim under the lease or agreement for a lease.

(2.) Nothing in this section shall prejudice the right of the lessor or those claiming under him to follow the assets

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

of the deceased into the hands of the person or persons to or amongst whom the said assets may have been distributed.

property of

38.(1.) Where any property is held by trustees in Application trust for an infant, either for life or for any greater in- by trustees terest and whether absolutely or contingently on his attain- of income of ing the of twenty-one years or on the occurrence of any infant for event before his attaining that age, the trustees may, at mainten- their sole discretion, pay to the infant's parent or guardian, ance, etc. if any, or otherwise apply for or towards the infant's main- 44 & 45 Vict. tenance, education, or benefit, the income of that property or any part thereof, whether there is any other fund ap- plicable to the same purpose, or any person bound by law to provide for the infant's maintenance or education, or not.

(2.) The trustees shall accumulate all the residue of that income in the way of compound interest, by investing the same and the resulting income thereof from time to time on securities on which they are, by the settlement, if any, or by law, authorized to invest trust money, and shall hold those accumulations for the benefit of the person who ultimately becomes entitled to the property from which the same arise; but so that the trustees may at any time, if they think fit, apply those accumulations, or any part thereof, as if the same were income arising in the then current year.

(3.) This section applies only if and as far as a contrary intention is not expressed in the instrument under which the interest of the infant arises, and shall have effect sub- ject to the terms of that instrument and to the provisions therein contained.

(4.) This section applies whether that instrument comes into operation before or after the commencement of this Ordinance.

c. 41 s. 43.

power of

39.-(1.) A trustee making or doing any payment or Validity of act, in good faith, in pursuance of a power of attorney, shall payment by not be liable in respect of the payment or act by reason that trustee under before the payment or act the donor of the power had died, attorney or become lunatic, of unsound mind, or bankrupt, or had without revoked the power, if the fact of death, lunacy, unsound- ness of mind, bankruptcy, or revocation was not, at the time of the payment or act, known to the trustee.

notice of death, etc.

Ib. s. 47 and 56 & 57 Vict.

(2.) This section shall not affect any right against the c. 53 s. 23. payee of any person interested in any money so paid; and that person shall have the like remedy against the payee as he would have had against the trustee if the payment had not been made by him.

trustees.

40.-(1.) Where a power or trust is given to or vested in Powers of two or more trustees. jointly, then, unless the contrary is two or more expressed in the instrument, if any, creating the power 56 & 57 Vict. or trust, the same may be exercised or performed by the survivor or survivors of them for the time being.

(2.) This section applies only to trusts constituted after or created by instruments coming into operation after the commencement of this Ordinance.

c. 53 s. 22.

indemnity of

trustee. Tb. s. 24.

41. A trustee shall, without prejudice to the provisions Implied of the instrument, if any, creating the trust, be chargeable only for money and securities actually received by him not- withstanding his signing any receipt for the sake of con- formity, and shall be answerable and accountable only for his own acts, receipts, neglects, or defaults, and not for those of any other trustee, nor for any banker, broker, or other person with whom any trust moneys or securities may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default; and may reimburse himself, or pay or discharge out of the trust premises, all expenses incurred in or about the execution of his trusts or powers.

163

PART IV.

POWERS OF THE COURT.

Appointment of New Trustees and Vesting Orders.

trustees.

42.--(1.) The Court may, whenever it is expedient to Power of the appoint a new trustee or new trustees, and it is found in- Court to expedient, difficult, or impracticable to do so without the appoint new assistance of the Court, make an order for the appoint- 56 & 57 Vict. ment of a new trustee or new trustees, either in substitution c. 53 8. 25. for or in addition to any existing trustee or trustees, or although there is no existing trustee. In particular and

164

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Vesting order as to land.

Tb. s. 26.

Order as to

contingent right of unborn

person. Ib. s. 27.

Vesting

order in place of conveyance by infant mortgagee. 56 & 57 Vict. c. 53 s. 28.

without prejudice to the generality of the preceding pro- vision, the Court may make an order for the appointment of a new trustee in substitution for a trustee who is con- victed of felony or is a bankrupt.

(2.) An order under this section, and any consequential vesting order or conveyance, shall not operate further or otherwise as a discharge to any former or continuing trustee than an appointment of new trustees under any power for that purpose contained in any instrument would have operated.

(3.) Nothing in this section shall give power to appoint an executor or administrator.

43. In any of the following cases, namely,-

(1.) where the Court appoints or has appointed a

new trustee; and

(2.) where a trustee entitled to or possessed of any land, or entitled to a contingent right therein, either solely or jointly with any other person,- (a.) is an infant; or

(b.) is out of the jurisdiction of the Court; or (c) cannot be found; and

(3.) where it is uncertain who was the survivor of two or more trustees jointly entitled to or possessed of any land; and

(4.) where, as to the last trustee known to have been entitled to or possessed of any land, it is un- certain whether he is living or dead; and (5.) where there is no heir or personal representa- tive of a trustee who was entitled to or possessed of land and has died intestate as to that land, or where it is uncertain who is the heir or personal representative or devisee of a trustee who was entitled to or possessed of land and is dead; and (6.) where a trustee jointly or solely entitled to or possessed of any land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or a release of the right, to convey the laud or to release the right, and has wilfully refused or neglected to convey the land or release the right for twenty-eight days after the date of the require- ment,

the Court may make an order (in this Ordinance called a "vesting order") vesting the land in any such person in any such manner and for any such estate as the Court may direct, or releasing or disposing of the contingent right to such person as the Court may direct:

Provided that-

(a.) where the order is consequential on the appoint- ment of a new trustee, the land shall be vested for such estate as the Court may direct in the persons who, on the appointment, are the trustees; and (b) where the order relates to a trustee entitled jointly with another person, and such trustee is out of the jurisdiction of the Court or cannot be found, the land or right shall be vested in such other person. either alone or with some other

person.

44. Where any land is subject to a contingent right in an unborn person or class of unborn persons who, on coming into existence, would, in respect thereof, become entitled to or possessed of the land on any trust, the Court may make an order releasing the land from the contingent right, or may make an order vesting in any person the estate to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.

45. Where any person entitled to or possessed of land, or entitled to a contingent right in laud. by way of se- curity for money, is an infant, the Court may make an order vesting or releasing or disposing of the land or right in like manner as in the case of an infant trustee.

same, or that last-mentioned person consents to any order for the reconveyance of the land, then the Court may

さ

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

make an order vesting the land in such person or persons heir, etc., or in such manner and for such estate as the Court may personal direct in any of the following cases, namely,-

representa- tive of mort-

(1.) where an heir or personal representative or gagee.

devisee of the mortgagee is out of the jurisdiction 15. s. 29. of the Court or cannot be found d;

(2.) where an heir or personal representative or devisee of the mortgagee, on demand made by or on behalf of a person entitled to require a con- veyance of the land, has stated in writing that he will not convey the same or does not convey the same for the space of twenty-eight days next after a proper deed for conveying the land has been tendered to him by or on behalf of the person so entitled;

(3.) where it is uncertain which of several devisees

of the mortgagee was the survivor ;

(4.) where it is uncertain as to the survivor of se- veral devisees of the mortgagee, or as to the heir or personal representative of the mortgagee, whether he is living or dead; and

(5.) where there is no heir or personal representative of a mortgagee who has died intestate as to the land, or where the mortgagee has died and it is un- certain who is his heir or personal representative or devisee.

ment for sale

47. Where the Court gives a judgment or makes an Vesting order order directing the sale or mortgage of any land, every consequen- person who is entitled to or possessed of the land, or entitled tial on judg to a contingent right therein, and is a party to the action or mortgage or proceeding in which the judgment or order is given or of land. made or is otherwise bound by the judgment or order, Ib. s. 30. shall be deemed to be so entitled or possessed, as the case may be, as a trustee with the meaning of this Ordinance, and the Court may, if it thinks fit, make an order vesting the land or any part thereof for such estate as the Court thinks fit in the purchaser or mortgagee or in any other

person.

Ib. s. 31.

48. Where a judgment is given for the specific per- Vesting order formance of a contract concerning any land, or for the consequen partition, or sale in lieu of partition, or exchange of any ment for

　　　　　　　　　　　　　　　　țial on judg- land, or generally where any judgment is given for the specific conveyance of any land either in cases arising out of the performance, doctrine of election or otherwise, the Court may declare etc. that any of the parties to the action are trustees of the land or any part thereof within the meaning of this Ordinance, or may declare that the interests of unborn persons who might claim under any party to the action, or under the. will or voluntary settlement of any person deceased who was during his lifetime a party to the contract or transac- tions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance, and thereupon the Court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.

Ib. s. 32.

49. A vesting order under any of the preceding pro- Effect of visions shall, in the case of a vesting order consequential vesting on the appointment of a new trustee, have the same effect order. as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate as the Court directs, or if there is no such person, or no such person of full capacity, then as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate as the Court directs, and shall in every other case have the same effect as if the trustee or other person or description or class of persous to whose rights or sup- posed rights the said provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.

person to convey.

50. In all cases where a vesting order can be made Power to under any of the preceding provisions, the Court may, if it appoint is more convenient, appoint a person to convey the land or release the contingent right, and a conveyance or release 56 & 57 Vict. by that person in conformity with the order shall have the c. 53 s. 33. same effect as an order under the appropriate provision.

165

166

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Vesting order as to stock and

chose in action.

Ib. s. 35.

Persons entitled to apply for order.

Ib s. 36.

Powers of

51.- (1.) In any of the following cases, namely,-

(a.) where the Court appoints or has appointed -a

new trustee; and

(b.) where a trustee entitled alone or jointly with

another person to stock or to a chose in action-

(i) is an infant; or

(ii) is out of the jurisdiction of the Court; or (iii.) caunot be found ; ΟΡ

(iv.) refuses or neglects to transfer stock or receive the dividends or income thereof, or to sue for or recover a chose in action, according to the direc- tion of the person absolutely entitled thereto, for twenty-eight days next after a request in writing has been made to him by the person so entitied; or

(v.) refuses or neglects to transfer stock or re: ceive the dividends or income thereof, or to sue for or recover a chose in action for twenty- eight days next after an order of the Court for that purpose has been served on him; or (c.) where it is uncertain whether a trustee entitled alone or jointly with another person to stock or to a chose in action is living or dead,

the Court may make an order vesting the right to transfer or call for a transfer of stock, or to receive the dividends or income thereof, or to sue for or recover a chose in action, in any such person as the Court may appoint:

Provided that-

(a.) where the order is consequential on the appoint- ment by the Court of a new trustee, the right shall be vested in the persons who, on the appointment, are the trustees; and

(b.) where the person whose right is dealt with by the order was entitled jointly with another person, the right shall be vested in that last-mentioned person, either alone or jointly with any other person whom the Court may appoint.

(2.) In all cases where a vesting order can be made under this section, the Court may, if it is more convenient, appoint some proper person to make or join in making the transfer.

(3.) The person in whom the right to transfer or call for the transfer of any stock is vested by an order of the Court under this Ordinance may transfer the stock to himself or any other person, according to the order, and all banks and companies shall obey every order under this section according to its tener.

(4.) After notice in writing of an order under this sec- - tion it shall not be lawful for any bank or company to transfer any stock to which the order relates or to pay any dividends thereon except in accordance with the order.

new trustee appointed by the Court. 56 & 57 Vict. c. 53 s. 37.

(5.) The Court may make declarations and give direc- tions concerning the manner in which the right to any stock or chose in action vested under the provisions of this Ordinance is to be exercised.

(6.) The provisions of this Ordinance as to vesting orders shall apply to shares in ships registered under the Acts or Ordinances relating to merchant shipping as if they were

stock.

52.-(1.) An order under this Ordinance for the ap- pointment of a new trustee, or concerning any land, stock, or chose in action subject to a trust, may be made on the application of any person beneficially interested in the land, stock, or chose in action, whether under disability or not, or on the application of any person duly appointed trustee thereof.

(2.) An order under this Ordinance concerning any land, stock, or chose in action subject to a mortgage may be made on the application of any person beneficially in- terested in the equity of redemption, whether under dis- ability or not, or of any person interested in the money secured by the mortgage.

53. Every trustee appointed by a court of competent jurisdiction shall, as well before as after the trust pro- perty becomes by law, or by assurance or otherwise, vested in him, have the same powers, authorities, and dis- cretions, and may in all respects act, as if he had been originally appointed a trustee by the instrument, if any, creating the trust.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

54. The Court may order the costs and expenses of and Power to incident to any application for an order appointing a new charge costs

of order, etc.. trustee or for a vesting order, or of and incident to any

　　　　　　　　　　　　　　　　　　　　　　　　on trust such order, or any conveyance or transfer in pursuance

estate. thereof, to be paid or raised out of the land or personal 1b. s. 38. estate in respect whereof the same is made or out of the income thereof, or to be borne and paid in such manner and by such persons as to the Court may seem just.

55. The powers conferred by this Ordinance as to vest- Trustees of ing orders may be exercised for vesting any land, stock, charities. or chose in action in any trustee of a charity or society 1b. s. 39. over which the Court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the Court under its general or statutory jurisdiction.

56. Where a vesting order is made as to any land Order made under this Ordinance, or under any Ordinance relating to upon certain lunacy, founded on an allegation of the personal incapacity allegations to of a trustee or mortgagee, or on an allegation that a trustee evidence. or the heir or personal representative or devisee of a Ib. s. 40. mortgagee is out of the jurisdiction of the Court or cannot be found, or that it is uncertain which of several trustees or which of several devisees of a mortgagee was the survivor, or whether the last trustee or the heir or personal representative or last surviving devisee of a mortgagee is living or dead, or on an allegation that any trustee or mortgagee has died intestate without an heir died and it is not known who is his heir or personal repre- sentative or devisee, the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any Court upon any question as to the validity of the order; but this section shall not prevent the Court from directing a reconveyance or the payment of costs occa- sioned by any such order, if improperly obtained.

Giving Judgment in Absence of Trustee, etc.

has

absence of

57. Where in any action the Court is satisfied that Power to diligent search has been made for any person who, in the give judg- character of trustee, is made a defendant in any action, to ment in serve him with a process of the Court, and that he cannot trustee. be found, the Court may hear and determine the action Ib. s. 43. and give judgment therein against that person in his character of a trustee, as if he had been duly served or had entered an appearance in the action, and had also ap- peared by his counsel and solicitor at the hearing, but without prejudice to any interest he may have in the mat- ters in question in the action in any other character.

minerals

58.-(1.) Where a trustee or other person is for the Power to time being authorized to dispose of land by way of sale, sanction sale exchange, or partition, the Court may sanction is so dis- of land or posing of the land with an exception or reservation of any separately. minerals, and with or without rights and powers of or Ib. s. 44 incidental to the working, getting, or carrying away of and 57 & 58 the minerals, or so disposing of the minerals, with or Vict. c. 10 without the said rights or powers, separately from the 5.3.

residue of the land.

(2.) Any such trustee or other person with the said sanction previously obtained, may, unless forbidden by the instrument creating the trust or direction, from time to time, without any further application to the Court, so dispose of any such land or minerals.

(3.) Nothing in this section shall derogate from any power which a trustee may have under any other Ordinance.

59.-(1.) Where a trustee commits a breach of trust at Power to the instigation or request or with the consent in writing make benefi- of a beneficiary, the Court may, if it thinks fit, and not- ciary indem-

nify trustee withstanding that the beneficiary may be a married woman for breach of entitled for her separate use and restrained from anticipa- trust. tion, make such order as to the Court may seem just for 56 & 57 Vict: impounding all or any part of the interest of the beneficiary c. 53 s. 45. in the trust estate by way of indemnity to the trustee or person claiming through him.

(2.) This section shall apply to breaches of trust com- mitted as well before as after the commencement of this Ordinance, but shall not apply so as to prejudice any ques- tion in an action or other proceeding which is pending at the commencement of this Ordinance.

167

168

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Trust estate

not affected by trustee becoming a convict. 56 & 57 Vict,

c. 53 s. 48.

Power for

the Court for

PART V.

MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS.

60. Property vested in any person on any trust or by way of mortgage shall, in case of that person being con- victed of treason or felony, remain in the trustee or mort- gagee, or survive to his co-trustee, or descend to his representative as if he had not been so convicted: Pro- vided that this enactment shall not affect the title to the property so far as relates to any beneficial interest therein of

any such trustee or mortgagee.

61.-(1.) Any trustee, executor, or administrator shall be trustee, etc., at liberty, without the institution of an action, to apply by to apply to petition to the Court, or upon a written statement by sum- mons in Chambers, for the opinion, advice, or direction of management the Court on any question respecting the management or administration of the trust property or the assets of any testator or intestate.

advice as to

of trust property. Ord. No. 7 of 1878 s. 10.

in case of breach of trust.

(2.) The petition or statement shall be signed by counsel, and the Court may require the petitioner or applicant to attend by counsel either in Court or in Chambers, where the Court deems it necessary to have the assistance of counsel.

(3.) The application shall be served on or the hearing thereof shall be attended by all persons interested in such application, or such of them as the Court may think expe- dient.

(4.) The trustee, executor, or administrator acting upon the opinion, advice, or direction given by the Court shall be deemed, so far as regards his own responsibility, to have discharged his duty as such trustee, executor, or adminis- trator in the subject-matter of the application: Provided, nevertheless, that this section shall not extend to indemnify any trustee, executor, or administrator in respect of any act done in accordance with such opinion, advice, or direction, if such trustee, executor, or administrator has been guilty of any fraud, or wilful concealment, or misrepresentation in obtaining such opinion, advice, or direction.

Jurisdiction 62 If it appears to the Court that a trustee is or may of the Court be personally liable for any breach of trust, whether the to give relief transaction alleged to be a breach of trust occurred before or after the commencement of this Ordinance, but has acted honestly and reasonably, and onght fairly to be exensed for 59 & 60 Vict. the breach of trust and for omitting to obtain the directions of the Court in the matter in which he committed such breach, then the Court may relieve the trustee, either wholly or partly, from personal liability for the same.

c. 35 s. 3.

Right of trustee to

of limita-

63.-(1.) In any action or other proceeding against a trustee or any person claiming through him, except where plead statute the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to 51 & 52 Vict, recover trust property, or the proceeds thereof, still retained c. 59 ss. 1, 8. by the trustee or previously received by the trustee and converted to his use, the following provisions shall apply:-

tions.

(a.) all rights and privileges conferred by any statute of limitations shall be enjoyed in the like manner and to the like extent as they would have been en- joyed in such action or other proceeding if the trustee or person claiming through him had not been a trustee or person claiming through him;

and

(b.) if the action or other proceeding is brought to recover money or other property, and is one to which no existing statute of limitations applies, the trustee or person claiming through him shall be entitled to the benefit of and be at liberty to plead the lapse of time as a bar to such action or other proceeding in the like manner and to the like ex- tent as if the claim had been against him in au action of debt for money had and received, but so nevertheless that the statute shall run against a married woman entitled in possession for her sepa- rate use, whether with or without a restraint upon anticipation, but shall not begin to run against any beneficiary unless and until the interest of such beneficiary shall be an interest in possession.

(2.) No beneficiary, as against whom there would be a good defence by virtue of this section, shall derive any greater or other benefit from a judgment or order obtained by another beneficiary than he could have obtained if he

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 169

had brought such action or other proceeding and this, section had been pleaded.

(3.) For the purposes of this section the expression. 66 trustee" shall be deemed to include an executor or administrator and a trustee whose trust arises by con- struction or implication of law as well as an express trustee, but not the Official Trustee.

(4.) The provisions of this section shall apply as well to several joint trustees as to a sole trustee.

(5.) This section shall apply only to actions or other proceedings commenced on or after the 1st day of January, 1902, and shall not deprive any executor or administrator of any right or defence to which he is entitled under any existing statute of limitations.

64. This Ordinance, and every order purporting to be Indemnity made under this Ordinance, shall be a complete indemnity 56 & 57 Vict. to any bank and to all persons for any acts done pursuant c. 53 8. 49. thereto; and it shall not be necessary for any back or person to inquire concerning the propriety of the order or whether the Court had jurisdiction to make the same.

65. The Ordinances mentioned in the Second Schedule

to this Ordinance are hereby repealed.

Repeal of Ordinances. Second Schedule.

66. This Ordinance shall come into force on the 1st day Commence- of July, 1901.

ment of the Ordinance.

SCHEDULES.

THE FIRST SCHEDULE.

RULES RELATING TO THE SUMMARY ADMINISTRATION OF

TRUST FUNds.

1. Any trustee desiring to pay money to the account of, or to transfer or deposit shares, stock, or securities into or in the name of. the Official Trustee under the provisions of the Trustee Ordinance, 1901, rel ting to the summary administration of trust funds. shall file an affidavit, setting forth :-

(1.) his own name and address ;

Section 13.

Affidavit to be filed by trustee desiring to pay money to account of, or to deposit shares, etc.,

in name of,

(2.) the place where he is to be served with any petition or any official Trustee.

notice of any proceeding or order of the Court, or of the Judge in Chambers, relating to the trust fund;

(3) the amount of money, shares, stock, or securities, which he proposes to pay or transfer into or deposit in Court to the credit of the trust;

(4.) a short description of the trust and of the instrument creat-

ing it,

(5.) the names of the persons interested in or entitled to the fund, to the best of the knowledge and belief of the trustee; and (6.) the submission of the trustee to answer all such inquiries relating to the application of the money. shares, stock, or securities paid in, transferred, or deposited under the Ordin- ance as the Court or a Judge in Chambers may think pro- per to make or direct.

2. The Offici 1 Trustee, on production of an office copy of the affidavit, shall give the necessary directions for payment, transfer. or deposit, and place the money, shares stock, or securities to the account of the particular trust; and shall grant a certificate of such payment transfer. or deposit.

Directions for payment of money, etc.

3. Where it is deemed unnecessary to have the money or the Investment divid. nl, or interest of the shares, stock, or securities invested in the of moneys. meantime, the affidavit shall further cont in a statement to that effect. But where the affidavit contains no such statement, the Offici. 1 Trustee shall be at liberty to invest, as soon as conveniently may be the money paid in or the dividends or inte est on the shares, stock, or securities transferred, and all accumulations thereof. in or upon such investments and securities as the Court may direct or approve, and every such investment shall be made in the matter of the parti ular trust: Provided that where at any time a request in writing by or on behalf of any party claim ng to be entitled, that such investment may be discontinued is left with the Official Trustee, he shall be at liberty to cease making any further invest- ment in the matter of the particular trust until the Court has made some orier in that behalf.

4. The trustee, having made the payment, transfer, or deposit. shall forthwith give notice thereof to the severil persons named in his affidavit as interested in or entitled to the fund.

Notice of payment, etc.,

to cestuis que trustent.

5. Such persons, or any of them, or the trustee may apply by Applications petition, or, in cases where the fund does not exceed two thousand relating to dollars in value, by summons. respecting the investment, payment fw.d. out, or distribution of the fund or of the dividends or interest thereof.

6. The trustee shall be served with notice of any application Notice to made to the ourt or in Chambers respecting the fund or the trustee of dividends or interest thereof, by any person interested therein or appien ion by

entitled thereto.

7. The persons interested in or entitled to the fund shall be served with notice of any application made by the trustee to the Court or in Chambers respecting the fund or the interest oi dividen ls thereof.

c. stui

que trust.

Notice to costuis que

trustent of application by trustee.

170

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Place for service on applicant.

Title of

petition, etc.

Section 65.

No petition shall be set down to be, heard, and no sunnnons ¿ shall be sealed, until the petitioner or applicant has first named in his petition or summons a place where he may be served with any petition or sumnjons or notice, of "anyzproceeding dr order of the Court relating to the fund.

9. Every petition presented, summons issued, and, affidavit filed under the said provisions shall be entitled in the matter of the Ordinance and in the ma ter or the particular trust.

THE SECOND SCHEDULE.

TABLE OF ORDINANCES REPEALED.

Number and Year.

Title and Date.

Ordinance No. 7 of

1873.

Ordinance No. 5 of

1885.

An Ordinance to extend to this Colony some of the provisions of certain Acts of the Imperial Parliament for the Relief of Trustees and Executors. [9th July, 1873:]

An Ordinance to amend Ordinance 7 of

1873. [21st February, 1885.]

Objects and Reasons.

The object of this Bill is to place on the Statute. Book of the Colony the Trustee Act, 1893. By that Act a number of enactments relating to trustees are repealed and re-enacted with amendments. By its enactment here the members of the legal profession and other persons interested in trusts will have to the full the guidance and assistance which can be derived from the English cases and text books on the subject of trusts. There will be the further advantage resulting from its enactment that several of the English Trustee Acts which form part of the law of the Colony but are not to be found on the local Statute Book, having been enacted by the unfortunate method of reference, will be swept away. See Ordinance No 7 of 1856. These Acts so enacted are proposed, however, to be repealed not by this Ordinance but by the Civil Procedure (Statutes Repeal) Ordinance, 1901, which will come into force contemporaneously with this Ordinance.

Short title.

Outrages by males on males.

Consent of

person

under

thirteen.

A BILL

ENTITLED

An Ordinance to amend the Criminal Law as regards certain indecent outrages and assaults. Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

•

1. This Act may be cited as the Criminal Law Amend- ment Ördinance, 1901.

2. Any male person who, in public or private, commits, or is a party to the commission of, or procures, or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.

3. It shall be no defence to a charge or indictment for an indecent assault on a young person under the of

age thirteen to prove that he or she consented to the act of indecency.

Objects and Reasons.

Section 2 of this Ordinance extends to this Colony the provisions of section eleven of the English Criminal Law Amendment Act, 1885. When the various sections of Part I of that Act which is headed "Protection of Women and Girls were considered with a view to their being embodied in our local legislation relating to that subject, section eleven which is out of place in Part I of the English Act was omitted.

Section 3 is simply a reproduction of the second section of the English Criminal Law Amendment Act, 1880. It is desirable that both these enactments which have been, for several years, in force in England, should be made applicable to this Colony.

W. MEIGH GOODMAN,

Attorney General.

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901. 171

He to soinu sdn. bmABIL Latade mol) aft (3) aldatinpe la boɑ sein ENTITLEigin podatno oblatonpes Adi Ordinance to amend and declare "in certain respects, Law to be administered in the

the Supreme Court.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows: -----

1. This Ordinance may be cited as the Law Amendment Short title. Ordinance, 1904.

2. In this Ordinance, unless the context otherwise re- Interpreta. quires,-

means the Supreme Court :

(( The Court "Cause

means any action, suit, or other original proceeding between a plaintiff and a defendant: "Action" means a civil proceeding commenced by writ of summons or in such other manner as may be prescribed by any statute for the time being in force: "Matter" includes every proceeding in the Court not

in a cause.

Concurrent Administration of Law and Equity.

tion of terms.

3. In every cause or matter commenced in the Court Rules for the law and equity shall be administered by the Court accord- concurrent ing to the rules following:--

administra- tion by the Court of

law and equity. &

(1.) If any plaintiff or petitioner claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument,, or 36 37 Viet. contract, or against any right, title, or claim as- c. 66 s. 24. serted by any defendant or respondent in such cause or matter, or to any relief founded upon a legal right, which formerly could only have been given by the Court in its equitable jurisdiction, the Court shall give to such plaintiff or petitioner such and the same relief as ought to have been given by the Curt in its equitable jurisdiction in a suit or proceeding for the same or the like purpose properly instituted before the commencement of the Hongkong Code of Civil Procedure;

(2.) If any defendant claims to be entitled to any equit- able estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff or petitioner in such cause or matter, the Court shall give to every equitable e-tate, right, or ground of relief so claimed, and to every equitable defence so alleged, such and the same effect. by way of defence against the claim of such plaintiff or peti- tioner, as the Court in its equitable jurisdiction ought to have given if the same or the like matters had been relied on by way of defence in any suit or proceeding instituted therein for the same or the like purpose before the commencement of the Hongkong Code of Civil Procedure;

(3.) The Court shall also have power to grant to any defendant in respect of any equitable estate or right or other matter of equity, and also in respect of any legal estate, right, or title claimed or asserted by him, all such relief against any plaintiff or petitioner as such defendant has properly claimed by his pleading and as the Court might have granted in any action brought by the same defendant against the same plaintiff or petitioner, and also all such relief relating to or connected with the original subject of the cause or matter, and in like manner claimed against any other person, whether already a party to the same cause or matter or not. who has been duly served with notice in writing of such claim pursuant to the Code of Civil Procedure, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claum as if he had been duly sued in the ordinary. way by such defendant;

172

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Administra- tion by the Court of estate of deceased

insolvent

person.

c. 66 s. 25

(1.).

(4.) The Court shall recognize and take notice of all equitable estates, rights, and titles, and all equitable *** duties and liabilities appearing incidentally in the course of any cause or matter, in the same manner in which the Court in its equitable jurisdiction would have recognized and taken notice of the same in any suit or proceeding duly instituted therein before the commencement of the Hongkong Code of Civil Pró-: cedure;

(5.) No cause or proceeding at any time pending in the Court shall be restrained by prohibition or injunction ; but every matter of equity on which an injunction against the prosecution of any such cause or proceed- ing might have been obtained, if this Ordinance had not been passed, either unconditionally or on any terms or conditions, may be relied on by way of defence thereto Provided that nothing in this Ordinance shall disable the Court from directing a stay of pro- ceedings in any cause or matter pending before it, if it thinks fit; and any person, whether a party or not to any such cause or matter, who may be entitled to enforce, by attachment or otherwise, any judgment, decree, rule, or order, contrary to which all or any part of the proceedings in such cause or matter may have been taken, shall be at liberty to apply to the Court, by motion in a summary way, for a stay of proceedings in such cause or matter, either generally or so far as may be necessary for the purposes of justice; and the Court shall thereupou make sich "order as may be just ;

(6.) Subject to the aforesaid provisions for giving effect to equitable rights and other matters of equity in manner aforesaid, and to the other express provisions of this Ordinance, the Court shall recognize and give effect to ail legal claims and demands, and all estates, rights, titles, du'ies, obligatious, and liabilities exist- ing by the common law or by any custom. or created by any statute, in the same manner as the same would have been recognized and given effect to by the Court if this Ordinance had not been passed; and (7.) The Court, in the exercise of the jurisdiction vested in it by this Ordinance, in every cause or watter pending before it shall have power to grant, and shall graat, either absolutely or on such reasonable and conditions as to it may seem just, all such reme- dies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal pro- ceedings concerning any of such matters avoided.

Amendment and Declaration of Law.

erms

4. In the administration by the Court of the assets of any person who may die after the commencement of this Ordinance and whose estate may prove to be insufficient for the payment in full of his debts and liabilities, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors, and as to debts 36 & 37 Vict, and liabilities provable, and as to the valuation of amui- ties and future and contingent liabilities respectively, as may be in force for the time being under the law of Bank- ruptcy with respect to the estates of persons adjudged bankrupt; and all persons who in any such case would be entitled to prove for and receive dividends out of the estate of any such deceased person may come in under the judgment or order for the administration of such estate, and make such claims against the same as they may respectively be entitled to by virtue of this Ordinance.

Equitable waste.

5. An estate for life without impeachment of waste shall not coufer or be deemed to have conferred upon the tenant Ib. s. 25 (3.). for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate.

Merger.

6. There shall not, after the commencement of this Ib. s. 25 (4.). Ordinance, be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

7. A mortgagor entitled for the time being to the posses- Action for sion or receipt of the rents or profits of any immovable possession

　　　　　　　　　　　　　　　　　　of immovable property as to which no notice of his intention to take pos- session or to enter int› the receipt of the rents and profits mortgagor.

property by thereof has been given by the mortgagee inay sue for such 36 & 37 Vict. possession, or for the recovery of such rents and profits, or c.66 s. 25 (5.). to prevent or recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other con- tract made by him jointly with any other person.

chose in

8. Any absolute assignment, by writing under the hand Assignment of the assignor (not purporting to be by way of charge of debt or only) of any debt or other legal chose in action, of which action. express notice in writing has been given to the debtor, Tb. s. 25 (6.). trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be and be deemed to have been effectual in law (subject to all equities which would have been entitled to priority over the right of the assignee if this Ordinance had not been passed) to pass and transfer the legal right to such debt or chose in action from the date of such notice, and all legal and other remedies for the same, and the power to give a good discharge for the same, without the concurrence of the assignor: Provided that if the debtor, trustee, or other person liable in respect of such debt or chose in action has had notice that such assignment is disputed by the assignor or any one claiming under him, or of any other opposing or conflicting claims to such debt or chose in action, he shall be entitled, if he thinks fit, to call upon the several persons making claim thereto to inter- plead concerning the same, or he may, if he thinks fit, pay the same into the Court under and in conformity with the provisions of any Ordinance for the time being in force relating to trustees.

essence of

9. Stipulations in contracts, as to time or otherwise, Stipulations which would not before the commencement of the Hong- not of the kong Code of Civil Procedure have been deemed to be or contracts. to have become of the essence of such contracts in the Court Ib. s. 25 (7.). in its equitable jurisdiction shall receive in the Court the same construction and effect as they would formerly have received in equity.

injunction,

and receiver. Ib. s. 25 (8.).

10.--(1.) A mandamus or an injunction may be granted, Mandamus, or a receiver appointed, by an interlocutory order of the Court in all cases in which it may appear to the Court to be just or convenient that such order should be made; and any such order may be made either unconditionally or on such terms and conditions as the Court may think just.

(2.) If an injunction is asked, either before, or at, or after the trial or hearing of any cause or matter, to prevent any threatened or apprehended waste or trespass, such injunc tion may be granted, if the Court thinks fit, whether the person against whom such injunction is sought is or is not in possession under any clain of title or otherwise, or (if out of possession) does or does not claim a right to do the act sought to be restrained under any colour of title; and whether the estates claimed by both or by either of the parties are legal or equitable.

11. In any cause or proceeding for damages arising out Damages by of a collision between two ships, if both ships are found to collision have been in fault, the rules in force in the Court in between

　　　　　　　　　　　　　　　ships. its Admiralty jurisdiction, so far as they are at variance with Tb. s. 25 (9.). the rules in force in the Court in its common law jurisdic- tion, shall prevail.

12. In questions relating to the custody and education Custody and of infants the rules of equity shall prevail.

education of infants.

13. Generally, in all matters not particularly mentioned Ib.s. 25 (10.). in sections 4 to 12, both inclusive, in which there is any General rule conflict or variance between the rules of equity and the as to conflict rules of the common law with reference to the same matter, the rules of equity shall prevail.

Miscellaneous Provisions.

between equity and law. Ib. s. 25 (11.).

with asses-

14.-(1.) The Court may, in any civil cause or matter Provision in which it may think it expedient to do so, call in the for sitting aid of one or more assessors specially qualified and try or sor's. hear such cause or matter wholly or partially with the Ib. s. 56. assistance of such assessor or assessors.

(2.) The remuneration, if any, to be paid to such asses- sor or assessors shall be determined by the Court.

173

174

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Assignment

others.

15. Any person shall have power to assign personal

to self and property now by law assignable, including chattels real, directly to himself and another person or other persons or of

company or corporation, by the like means as he might assign the same to another."

Ord. No 7 1873 s. 2.

Commence-

16. This Ordinance shall come into force on the 1st day ment of the of July, 1901.

Ordinance.

Objects and Reasons.

The object of this Bill is to place on the local Statute Book those enactments of the Judicature Act, 1873, which were intended to effect a fusion of the two systems of law formerly administered by the English Superior Courts, and also certain enactments of the same Act for the amendment and declaration of the law. It is thought that the passing of a new Code of Civil Procedure affords a favourable opportunity for enacting these valuable pro- visions of law. It is proposed that the Bill when passed shall come into operation concurrently with the new Code of Civil Procedure.

Short title.

Repeal of

A BILL

ENTITLED

An Ordinance to repeal various Statutes relating to Civil Procedure or Matters connected there- with.

WHEREAS it is expedient that various statutes (mentioned in the Schedule to this Ordinance) which relate to civil procedure or matters connected therewith, and which may be regarded as spent, or have ceased to be in force other- wise than by express and specific repeal by the Legislature, or have, by lapse of time and change of circumstances, become unnecessary, or the subject-matter whereof is provided for by the Code of Civil Procedure, should be expressly and specifically repealed;

And whereas the process of outlawry in civil proceedings has become obsolete, and it is expedient that it should be formally abolished, and that the statutes relating thereto should be repealed :

Be it therefore enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Civil Procedure (Statutes Repeal) Ordinance, 1901.

2. The statutes and resolution described in the Schedule statutes, etc. to this Ordinance are hereby repealed, subject to the pro- visions of this Ordinance and subject to the exceptions mentioned in the Schedule.

Schedule.

Abolition of outlawry in civil proceed- ings.

3. After the commencement of this Ordinance no person hall be outlawed or waived in or in consequence of any civil proceeding, and no proceedings to outlawry or waiver 42 & 43 Vict. in or in consequence of any civil proceeding shall be taken

at the instance of the Crown or otherwise.

c. 59 s. 3.

Repeal of

statutes re- lating to out- lawry.

lb. s. 2.

Savings as to repeal of

statutes.

lb. s. 4 (1.)..

4. All statutes in force in this Colony relating to out- lawry or waiver in or in consequence

ceeding are hereby repealed.

any civil pro-

5. The repeal effected by this Ordinance shall not affect-

(1.) any jurisdiction or principle or rule of law or of equity established or confirmed, or duty imposed, or compensation secured, or any remedy or proceeding in respect thereof, by or under any statute repealed by this Ordinance; or,

(2.) any jurisdiction or power of the Supreme Court

or of any Judge thereof; or (3.) the repeal, confirmation, revival, or perpetuation by any statute repealed by this Ordinance of any statute not repealed by this Ordinance.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

6. This Ordinance shall not revive or restore any juris- Abolished diction, office, duty, drawback, fee, payment, custom, procedure, liability, right, title, privilege, restriction, exemption, etc., not usage, practice, procedure, or other matter or thing not Ib. s. 4 (4.). now existing or in force.

revived.

7. This Ordinance shall come into force on the 1st day Commence- of July, 1901.

ment of the Ordinance.

175

SCHEDULE.

TABLE OF STATUTES REPEALED.

Number and Year,

Ordinance No. 6 of

1855.

Ordinance No. 5 of

1856.

Ordinance No. 7 of

1856.

Ordinance No. 4 of

1857.

Ordinance No. 3 of

1858.

Ordinance No. 7 of

1860.

Ordinance No. 3 of

1861.

Ordinance No. 13 of

1873.

Ordinance No. 8 of

1890.

Ordinance No. 5 of

1893.

Resolution of 1897.

Title, Date, and Extent of Repeal.

An Ordinance for the Amendment of the Civil Administration of Justice. [25th August, 1855.]

An Ordinance for the Amendment of Procedure in Civil and Criminal Cases. [17th March, 1856.]

An Ordinance to extend to this Colony certain Enactments and General Orders for reforming Procedure in the High Court of Chancery and the Offices thereof. [17th March, 1856.]

In part; namely, the whole Ordinance, except in so far as it extends to the Colony the Lunacy Regulation Act, 1853.

An Ordinance for amending the Ordinances therein mentioned. [5th March, 1857.]

An Ordinance for the Supreme Court. [22nd March, 1858.]

An Ordinance to extend to this Colony certain Rules and Orders of the Superior Courts at Westminster. [30th April, 1860.]

An Ordinance to amend the Course of Procedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award Damages in certain Cases. [25th June, 1861.]

The Hongkong Code of Civil Procedure. [13th October, 1873.]

An Ordinance to amend the Hongkong Code of Civil Procedure. [23rd May, 1890.]

An Ordinance to amend the Hongkong Code of Civil Procedure. [17th February, 1893.]

น

Resolution of the Legislative Council amending section 13 (2.) of the Hongkong Code of Civil Procedure. [13th November, 1897.]

Objects and Reasons.

The object of this Bill is to repeal the Enactments which will be superseded by the Code of Civil Procedure and in part also by the Trustee Ordinance, 1901.

Section 2.

170

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRÚARY, 1901.

Short title.

Interpreta.

A BILL

ENTITLED

An Ordinance to establish a Code of Proce- dure for the Regulation of the Process, Practice, and Mode of Pleading in the Civil Jurisdiction of the Supreme Court of the Colony.

BE it enacted by the Governor of Hongkong, with the advice and conseut of the Legislative Council thereof, as follows:--

Preliminary Provisions.

1. This Ordinance may be cited as the Code of Civil Procedure.

2. In this Ordinance, unless the context otherwise tion of terms. requires,- H. K. Code, 8.2.

Jud. Act, 1873, s. 100.

1b.

0. 71 r. 1 A.

Jud. Act, 1873, s. 100.

Ib.

Indian Code, 8. 2.

0. 71 r. 1.

Savings. H. K. Code,

s. 3.

"The Court means the Supreme Court and includes the Chief Justice and the Puisne Judge of the Supreme Court, sitting separately, in Court or in Chambers:

The Full Court" means the Chief Justice and the Prisne Judge of the Supreme Court, sitting together, in Court or in Chambers :

"The Registry" means the Registry of the Court "The Registrar means the Registrar of the Court and includes a Deputy Registrar :

"The Bailiff' means a Bailiff of the Court and includes any person lawfully authorized to execute the process of the Court:

"This Code" means the Code of Civil Procedure established by this Ordinance :

"Within the Jurisdiction" means within the Colony : "Cause"

"Cause of Action" in actions founded on contract does not necessarily mean the whole cause of action, but a cause of action shall be deemed to have arisen within the jurisdiction if the con- tract was made therein, though the breach may have occurred elsewhere, and also if the breach occurred within the jurisdiction, though the contract may have been made elsewhere :

"Matter" includes every proceeding in the Court

not in a cause:

"Originating Summons means every summons other than a summons in a pending cause or matter:

'Party" includes every person served with notice of or attending any proceeding, although not named on the record:

"Judgment" includes decree:

Judgment Creditor " means any person in whose favour a judgment or order capable of execution has been given or made, and includes any person to whom such judgment or order has been transferred: "Judgment Debtor" means any person against whom a judgment or order has been given or made: "Receiver" includes a consignee or manager ap- pointed by or under an order of the Court.

3. Subject to the provisions of any statute, rule, or order relating thereto, nothing in this Code shall-

(1.) affect the rights, privileges, or remedies of the Crown further or otherwise than is herein expressly enacted in that behalf; or

(2.) affect the existing jurisdiction or powers of the Court further or otherwise than is herein expressly enacted in that behalf; or

(3.) affect the practice or procedure of the Court pre- scribed by any statute for the time being in force relating to-

(a.) causes or matters testamentary; or

(b.) causes or matters in bankruptcy; or

(c.) causes or matters in its admiralty jurisdiction ; or

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(d.) the incorporation, regulation, and winding up of

trading companies and other associations.

4. In all cases with respect to which no provision is Enactment, made by this Code the Rules of Practice for the time being subject to

the Code of in force in the Supreme Court in England shall be deemed

the English to be in force in the Court, subject to their applicability and Rules of with such modifications as the circumstances may require. Court.

5. This Code is divided into Parts and Chapters, as Arrangement follows:-

PART I.-ACTIONS IN GENERAL.

Chapter 1.-Institution of Action.

Chapter 2.-Parties.

Chapter 3.-Joinder of Causes of Action. Chapter 4.-Pleadings.

Chapter 5.-Amendment.

Chapter 6.--Discovery, Inspection, and Admis-

sions.

Chapter 7.-Issues, Inquiries, and Accounts.

Chapter 8.-Special Case.

Chapter 9.-Issues of Fact without Pleadings.

Chapter 10.-Interlocutory Proceedings.

Chapter 11.-Preliminaries of Trial.

Chapter 12.-Trial.

Chapter 13.-Evidence.

Chapter 14.-Judgment.

Chapter 15.-Costs.

Chapter 16.-Execution.

PART II. SPECIAL ACTIONS AND PROCEEDINGS.

Chapter 17.-Foreign Attachment.

Chapter 18.-Action against the Government. Chapter 19.-Action by or against Firm, etc.

Chapter 20.-Action by or against Pauper.

Chapter 21.-Action for Recovery of Immovable

Property.

Chapter 22.-Mandamus.

Chapter 23.-Interpleader.

Chapter 24.-Reference to Arbitration.

PART III-PROVISIONAL REMEDIES.

Chapter 25.-Arrest and Attachment before Judg-

ment.

Chapter 26.-Temporary Injunction..

Chapter 27.-Receiver.

PART IV.-APPEALS.

Chapter 28.-Appeal to the Full Court.

Chapter 29.-Appeal to the Queen-in-Council.

PART V.-MISCELLANEOUS MATTERS.

Chapter 30.-Business in Chambers. Chapter 31.- Various Provisions.

New.

of the Code. New.

6. All civil proceedings in the Court heretofore called Institution suits shall hereafter be called actions, and shall be insti- and carrying tuted and carried on in the manner hereinafter prescribed.

on of actions. H. K. Code,

177

s. 5.

PART I.

ACTIONS IN GENERAL.

CHAPTER I.

INSTITUTION OF ACTION.

Writ of Summons.

ment of

7. Subject to the provisions hereinafter contained with Commence- respect to the institution of special actions and proceedings, every action in the Court shall be commenced by a writ of

summons.

action with writ of sum-

mons.

Ib. s. 9 (1.)

8.-(1.) The writ shall be prepared by the plaintiff Schedule: or his solicitor. It shall be written or printed, or partly Form No. 1. written and partly printed, and shall specify the name, Preparation description, and place of abode of the plaintiff and of the and contents defendant, so far as they can be ascertained, the subject-979 (2.) matter of the claim, and the relief or remedy required in 0.5 r. 10. the action.

of writ.

178

THE HONGKUNG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

0. 3 r. 4.

Date and

(2.) If the plaintiff sues, or the defendant is sued, in a representative capacity, the writ shall specify such capacity.

9. The writ shall bear date on the day on which it is issued, and shall be tested in the name of the Chief Justice.

teste of writ. H. K. Code, s. 9 (12.) 10.-(1.) The plaintiff or his solicitor shall, on presenting Leaving of the writ for sealing, leave with the Registrar a copy of copy of writ. the writ and all the indorsements thereon.

0.5 r. 12.

Filing and

marking of copy of writ. Ib. r. 13.

Sealing and

(2.) Such copy shall be signed by or in the name of the plaintiff's solicitor, or by the plaintiff if he sues in person.

11. The Registrar shall file the copy of the writ, and an entry of the filing thereof shall be made in the Cause- Book, and the action shall be distinguished by the date of the year and a number.

12. The writ shall be signed by the Registrar and sealed issue of writ. with the seal of the Court, and shall thereupon be deemed Ib. r. 11.

to be issued.

Writ for ser-

vice out of

13. No writ for service out of the jurisdiction shall jurisdiction. be issued without the leave of the Court.

0. 2 r. 4.

Alteration in writ.

H. K. Code, s. 9 (3.) Duration and renewal of writ.

Ib. 8. 9 (4.)

0. 8 r. 1.

Evidence of renewal of writ.

Ib. r. 2.

Case of lost writ.

Ib. r. 3.

Saving as to proceedings on petition. H. K. Code. 8.9 (5.)

Right to in- dorse writ specially in action for debt or liquidated demand.

0. 3 r. 6.

Schedule:

14. Any alteration in the writ before service, without the leave of the Registrar or of the Court, shall render the writ void.

15.-(1.) If service of the writ has not been effected within twelve months from the date thereof, the writ shall become void: Provided that the Court may, before the expiration of the then current period, in its discretion, from time to time renew the operation of the writ for a further period not exceeding six months at one time.

(2.) A writ so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the original writ.

16. The production of a writ of summons purporting to be sealed with the seal of the Court, showing the same to have been renewed in manner aforesaid, shall be sufficient evidence for all purposes of its having been so renewed and of the commencement of the action as on the date of the original issue of the writ.

17. Where a writ of summons of which production is necessary has been lost, the Court, on being satisfied of the loss and of the correctness of a copy of the writ, may order that such copy shall be sealed and served and have effect in lieu of the original writ.

18. Nothing hereinbefore contained with respect to a writ of summons shall be deemed to apply to proceedings which may now be heard on petition without preliminary service on any party, but all petitions shall be subject to the rules hereinafter contained with respect to pleading and to the form and contents of a statement of claim, so far as they are applicable to the subject-matter thereof.

Specially Indorsed Writ.

19. In any action where the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant, with or without interest, arising-

(1.) on a contract, express or implied, (as, for instance, on a bill of exchange, promissory note, or cheque, or other simple contract debt); or

(2.) on a bond or contract under seal for payment of

a liquidated amount of money; or

(3.) on a statute where the sum sought to be recovered is a fixed sum of money or in the nature of a debt other than a penalty; or

(4.) on a guarantee, whether under seal or not, where the claim against the principal is in respect of a debt or liquidated demand only; or

(5.) on a trust,

the writ of summons may, at the option of the plaintiff, Form No. 2. be specially indorsed with a statement of his claim or of

the relief or remedy to which he claims to be entitled.

Right to indorse writ specially in action for immovable

20. In any action for the recovery of immovable pro- perty, with or without a claim for rent or mesne profits, by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or against any

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

person claiming under such tenant, the writ of summons property. may, at the option of the plaintiff, le specially indorsed O. 3 r. 6. with a statement of his claim or of the relief or remedy to which he claims to be entitled.

Schedule:

Form No. 2.

21.-(1.) Where the plaintiff's claim is for a debt Nature of or liquidated demand only, the indorsement, besides special in-

　　　　　　　　　　　　　　　　　　　　　dorsement. stating the nature of the claim, shall state the amount

H. K. Code, claimed for debt or in respect of such demand, and for s. 13 (1.). any interest thereon payable by law or under any contract, O. 3 r. 7. express or implied, and for costs respectively, and shall further state that, on payment thereof within four days after service, or, in case of a writ not for service within the jurisdiction, within the time allowed for appearance, further proceedings will be stayed.

(2.) The defendant may, notwithstanding such payment, have the costs taxed, and if more than one-sixth shall be disallowed, the plaintiff's solicitor shall pay the costs of

taxation:

appearance

writ.

H. K. Code, s. 13 (1.) (). 13 rr. 3, 8.

22. In default of appearance to a specially indorsed Procedure writ, the plaintiff, on satisfying the Court that the writ on default of was duly served, shall be entitled to judgment for any to specially sum not exceeding the sum indorsed on the writ, together indorsed with interest at the rate specified, if any, or, if no rate is specified, at the rate for the time being fixed by the Court, to the date of the judgment, and costs, or that the person whose title is asserted in the writ shall recover possession of the immovable property, and costs: Provided that the Court may, nevertheless, on such terms as may seem just, give leave to the defendant to appear and defend the action on an application supported by satisfactory affidavits account- ing for his non-appearance and disclosing a defence on the merits.

23.-(1.) Where the defendant appears to a specially Procedure indorsed writ, the plaintiff may, on filing an affidavit where defen- dant appears made by himself or by any other person who can swear to specially positively to the facts, verifying the cause of action and indorsed the amount claimed, if any, and stating that in his belief writ. there is no defence to the action, take out a summons call- H. K. Code,

　　　　　　　　　　　　　　　　　　　8. 13 (2.) ing upon the defendant to show cause why the plaintiff should not proceed to judgment and execution.

(2.) On the hearing of such summons, the Court shall make such order, and on such terms and conditions, if any,

as may be just and proper.

(3.) If it appears to the Court that any defendant has a 0.14 r. 5. good defence to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff may be allowed to proceed to judgment and execution against the latter, without prejudice to his right to proceed with his action against the former.

case of ordin-

24.-(1.) In like manner, in cases of ordinary account, Right to in- as in the case of a partnership, or executorship, or ordinary dorse writ trust account, where nothing more is required in the first specially in instance than an account, the writ may be specially ary account, indorsed with a claim for such account, and in default and proce- of appearance, or after appearance, unless the defendant dure thereon.

　　　　　　　　　　　　　　　　　　　　　　H. K. Code, satisfies the Court that there is really some preliminary 8. 13 (3.) question to be tried, an order for the proper account, 0.3 r. 8. with all necessary inquiries and directions now usual in O. 15. similar cases, shall be forthwith made.

(2.) The application for such order shall be made by summons and be supported by an affidavit, when necessary, filed on behalf of the plaintiff, stating concisely the grounds of his claim to an account. The application may be made at any time after the time for entering an appearance has expired.

Concurrent Writs.

concurrent

25.-(1.) The plaintiff in any action may, at the time of Issue and or at any time during twelve months after the issuing of marking of the original writ of summons, issue one or more concur- writs. rent writ or writs, each concurrent writ to bear teste of the 0.6 r. 1. same day as the original writ, and to be marked by the Registrar with the word "concurrent," and the date of issuing the concurrent writ: Provided that such concur- rent writ or writs shall only be in force for the period during which the original writ in the action may be in force.

170

180

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

0. 6 r. 2.

Issue of originating

summons.

O. 54 r. 4. B.

Schedule: Forms Nos. 3, 4, and 5. Filing of copy of originating

summons. Ib.

Appearance to originat- ing sum-

mons.

Ib. r. 4 C.

Attendance

under

(2.) A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service out of the jurisdiction; and a writ for service out of the jurisdiction may be issued and marked as a con- current writ with one for service within the jurisdiction.

Originating Summons.

26. An originating summons shall be prepared by the applicant or his solicitor, and shall be signed by the Registrar and sealed with the seal of the Court, and shall thereupon be deemed to be issued.

27. The applicant or his solicitor shall leave with the Registrar a copy of the summons signed by the applicant or by or in the name of his solicitor, and such copy shall be filed by the Registrar.

28.-(1.) Every party served with an originating summons shall, before he is heard, enter an appearance in the Registry.

(2.) A party so served may appear at any time before the hearing of the summons.

(3.) If he appears at any time after the time limited by the summons for appearance, he shall not, unless the Court otherwise orders, be entitled to any further time for any purpose than if he had appeared according to the

summons.

29.-(1.) The day and hour for attendance under an originating summons shall, after appearance, be fixed by originating notice, sealed with the seal of the Court.

summons. lb. r. 4 D. Schedule:

(2.) The notice shall be served on the defendant or respondent by delivering a copy thereof at the address for Form No. 6. service named in the memorandum of appearance of such defendant or respondent not less than four days before the return day.

Disclosure

by solicitor whose name is indorsed on writ.

0.7 r. I.

Change of solicitors. Ib. r. 3.

Prohibition

Provisions relating to Solicitors.

30.-(1.) Every solicitor whose name is indorsed on a writ of summons shall, on demand in writing made by or on behalf of any defendant who has been served there- with or has appeared thereto, declare forthwith in writing whether such writ has been issued by him or with his authority or privity.

(2.) If such solicitor declares that the writ was not issued by him or with his authority or privity, all pro- ceedings upon the same shall be stayed, and no further proceedings shall be taken thereupon without leave of the Court.

31. A party suing or defending by a solicitor shall be at liberty to change his solicitor in any cause or matter, without an order for that purpose, upon notice in writing of such change being filed in the Registry; but until such notice is filed and a copy thereof served on the opposite party, the former solicitor shall be considered the solicitor of the party until the conclusion of the cause or matter.

Service of Process in General.

32. No service in an action or other proceeding shall of service on be made on Sunday, Christmas Day, or Good Friday. Sunday, etc.

H. K. Code, s. 8 (1.)

General rule as to mode of service.

33. Unless in any case the Court thinks it

proper otherwise to direct, service shall be personal, that is, the document to be served shall be delivered to the person to be served: Provided always that where the duly authorized 1b. s. 8 (2.) solicitor of the person to be served undertakes to accept service on behalf of his client, service on such solicitor shall be equivalent to personal service on the client, and all further service in the action or proceeding may be made by delivering the document to be served to such solicitor, or by leaving the same at his place of business.

Special

modes of service, by order of the Court. Ib. s. 8 (3.)

34.-(1.) Where it is made to appear to the Court that for any reason prompt personal service of any document of which service is required cannot conveniently be effected, the Court may order that service be effected-

(a.) by delivery of the document to be served, together with the order for service, to some adult immate at the usual or last known place of abode or business within the Colony of the person to be served; or

수

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 181

(b.) by delivery thereof to some agent within the Colony of the person to be served, or to some other person within the Colony through whom it appears to the Court that there is a reasonable probability that the document and order served will come to the knowledge of the person to be served; or

(r.) by advertisement thereof in one or more news-

papers published in the Colony; or

(d.) by notice thereof put up at the Court House, or at some other place of public resort, or at the usual or last known place of abode or business within the Colony of the person to be served; or (e.) in any two or more of these modes.

(2.) Every application for an order for such service 0.10. shall be supported by an affidavit setting forth the grounds.

on which the application is made.

Service of Process in Particular Cases.

35. When the action or other proceeding is against a Service on

defendant in

person in the service of the Government, the Court may public transmit a copy of the document to be served to the head service. of the department in which the defendant is employed, H. K. Code, for the purpose of being served on him, if it appears to the s. 8 (4.) Conrt that the document may most conveniently be so

served.

36. When the action or other proceeding is against a Service on British corporation, or a company authorized to sue and be British cor- sued in the name of an officer or trustee, the document poration, etc.

Ib. s. 8 (5.) may be served by giving it to any director, secretary, or other principal officer, or by leaving it at the office, of the corporation or company.

37. When the action or other proceeding is against a foreign corporation or company having an office and carry- ing on business in the Colony, the document may be served by giving it to the principal officer, or by leaving it at the office, of the corporation or company within the Colony.

Service on foreign cor- poration, etc. 1b. s. 8 (6.)

38. When the action or other procceding is against a Service on husband and his wife, the document shall be served on both, unless the Court otherwise orders.

39. When the action or other proceeding is against an infant, the document may be served on his father guardian, or, if there is no father or guardian, then on the person with whom the infant resides or under whose care he is: Provided that the Court may order that service made or to be made on the infant shall be deemed good service.

husband and wife. 0.9 r. 3.

Service on

infant.

b. v. 4.

lb. r. 5.

40. When the action or other proceeding is against a Service on lunatic or person of unsound mind not so found by lunatic, etc. inquisition, the document may, unless the Court otherwise orders, be served on the committee of the lunatic or on the person with whom the person of unsound mind re- sides or under whose care he is.

ont of

41. When the action or other proceeding is against a Service on person residing out of the jurisdiction, but carrying on busi- defendant ness in the Colony in his own name or under the name of residing a firm through a duly authorized agent, the document jurisdiction, may be served by giving it to such agent, and such service shall be equivalent to personal service on the defendant.

42.-(1.) Service out of the jurisdiction may be allowed by the Court whenever-

etc.

11..K Code, s. 8 (7.) Service out of jurisdic. tion.

0.11 r. 1.

(a.) the whole subject-matter of the action is im-

movable property situate within the jurisdiction Schedule: (with or without rents or profits); or

(b.) any act, deed, will, contract, obligation, or liability affecting immovable property situate within the jurisdiction is sought to be construed, rectified, set aside, or enforced in the action; or

(c.) any relief is sought against any person domiciled

or ordinarily resident within the jurisdiction; or (d.) the action is for the administration of the per- sonal estate of any deceased person who at the time of his death was domiciled within the jurisdic- tion, or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument, of which the person to be served is a

Forms Nos. 7 and 8.

182

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

0. 11 r. 4.

Ib. r. 5.

Power to vary order

for service. H. K. Code, s. 8 (10.) Expenses of service by Bailiff.

trustee, which ought to be executed according to the law of the Colony; or

(e.) the action is on a contract and the cause of action

has arisen within the jurisdiction; or

(f) any injunction is sought as to anything to be done within the jurisdiction, or any nuisance within the jurisdiction is sought to be prevented or removed, whether damages are Or are not also sought in respect thereof ; or

(g.) any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction.

(2.) Every application for leave to serve a writ of sum- mons on a defendant out of the jurisdiction shall be sup- ported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, and the grounds on which the application is made; and no such leave shall be granted unless it is made sufficiently to appear to the Court that the case is a proper one for service out of the jurisdiction under this section.

(3.) Any order giving leave to effect such service shall limit a time after the service within which the defendant is to enter an appearance, such time to depend on the place or country where or within which the writ is to be served. Variation of Order for Service, etc.

43. Any order for service may from time to time be varied by the Court with respect to the mode of service directed by the order, as occasion may require.

44. Where the service of process by the Bailiff will be attended with expense, he shall not (except by direction of the Registrar or by order of the Court) be bound to effect the same, unless the reasonable expenses thereof Ib. s. 8 (11.) have been previously tendered to him by the party re- quiring such service; and such expenses shall be costs in the cause or matter.

Service and return of writ.

Ib. s. 10.

O. 9 r. 15.

H. K. Code, s. 10.

Appearance in general.

Ib. s. 11.

Schedule: Form No. 9.

Appearance in case of defendant out of

lb.

Summoning Defendant.

45.-(1.) The plaintiff shall cause a copy of the writ of summons to be served on the defendant, and such copy shall contain a memorandum indorsed thereon requiring the defendant to enter an appearance to the action within eight days from the day of such service, or, in case of service out of the jurisdiction, within such time as the Court may have ordered.

(2.) The person serving the writ shall, within three days at most after such service, indorse on the writ the day of the month and week of the service thereof, otherwise the plaintiff shall not be at liberty, in case of non-appearance, to proceed by default; and every affidavit of service of the writ shall mention the day on which the indorsement was made. This subsection shall apply to substituted as

well as other service.

(3.) The writ shall, within eight days after the service thereof, or, in case of service out of the jurisdiction, within such time as the Court may have ordered, be returned into the Registry and filed therein.

Appearance of Defendant.

46. The defendant shall, within eight days from the day of service on him of the writ of summons, or, in case of service out of the jurisdiction, within such time as the Court may have ordered, cause an appearance to the action to be cutered for him in the Registry.

47. In every case of service of a writ of summons out of the jurisdiction, the entry of appearance thereto shall specify the name and address of some solicitor, agent, or jurisdiction. other person within the jurisdiction on whom substituted service of all further process against the defendant in the action may be effected while the defendant remains out of the jurisdiction, and, in default thereof, the Court may pro- ceed with the action as if no appearance had been entered. 48. Where an action is brought by a plaintiff residing out of the jurisdiction, and it is made to appear, by affidavit or otherwise, to the satisfaction of the Court, that the de- fendant has a bonâ fide claim against the plaintiff which can be conveniently tried by the Court, it shall be lawful

Cross-action against absent

plaintiff.

Ib. s. 95.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

for the Court, in its discretion, to stay proceedings in the action so brought by the absent plaintiff until he has entered an appearance to any cross-action brought by the defendant against him in respect of such claim, on such terms as may seem just.

49. The defendant before appearing shall be at liberty, Liberty to without obtaining an order to enter or entering a con- move to set ditional appearance, to serve notice of motion to set aside aside service the service on him of the writ of summons or to discharge the order authorizing such service.

Default of Appearance.

of writ before appearance. O. 12 r. 30.

50.-(1.) If the defendant fails to enter an appearance Leave to within the time hereinbefore limited in that behalf, and proceed ex it is proved, to the satisfaction of the Court, that the writ parte in case was duly served, the Court may give leave to the plaintiff appearance. to proceed with the action ex parte,

H. K. Code,

of non-

(2.) The plaintiff may thereupon file bis statement of s. 12 (1.) claim, and apply forthwith to have the cause set down for

trial.

51. If the defendant enters an appearance at any time Subsequent before the trial of the action, he may, on such terms as appearance. the Court may direct as to the payment of costs or other- b. s. 12 (2.) wise, be heard in answer to the action, in like mauner as if he had duly entered an appearance within the time limited as aforesaid.

52. When the cause has been called on, the Court may Trial proceed to try it ex parte, and may, on the evidence ad- ex parte. duced by the plaintiff, give such judgment as may appear

　　　　　　　　　　　　　　　　　Ib. s. 12 (3.) to be just; but it shall not be obligatory on the Court to decide ex parte in the absence of the defendant, and it shall be in the discretion of the Court to issue a warrant to arrest him and detain him till another day appointed for the trial of the cause, and in the meanwhile to attach all or any of his property within the jurisdiction.

to originat- ing sum- on being satisfied that no appearance has been entered, the Court shall appoiut a time for the hearing of the sum- mons, on such conditions, if any, as it may think fit.

CHAPTER II.

PARTIES.

Parties in General.

mons.

0. 13 r. 15,

actions any common question of law or fact would arise; and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment: Provided that if, on the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the Court may order separate trials or make such other order as may be expedient. But the defendant, though unsuccessful, shall be en- titled to his costs occasioned by so joining any person who is not found to be entitled to relief, unless the Court in disposing of the costs otherwise directs.

55. Where an action has been commenced in the Case of name of the wrong person as plaintiff, or where it is action doubtful whether it has been commenced in the

commenced in name of

name

of the right plaintiff, the Court may, if satisfied that wrong it has been so commenced through a bonâ fide mistake, plaintiff. and that it is necessary for the determination of the Tb. r. 2. real matter in dispute to do so, order any other person to be substituted or added as plaintiff, on such terms as may be just.

56. Where in an action any person has been improperly Case of or unnecessarily joined as a co-plaintiff, and a defendant counterclaim has set up a counterclaim or set-off, he may obtain the where a benefit thereof by establishing his counterclaim or set-off plaintiff is

　　　　　　　　　　　　　　　wrongly as against the parties other than the co-plaintiff so joined, joined. notwithstanding the misjoinder of such plaintiff or any 1b. r. 3. proceeding consequent thereon.

183

$184

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

General rules as to joinder of persons as

defendants.

0. 16 r. 4.

Ib. r. 5.

Ib. r. 6.

Case of plaintiff in doubt as to person from

57.-(1.) All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally, or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable, according to their respective liabilities, without any amendment.

(2.) It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any procecding against him; but the Court may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceedings in which he may have no interest.

(3.) The plaintiff may, at his option, join as parties to the same action all or any of the persous severally, or jointly and severally, liable on any one contract, in- cluding parties to bills of exchange and promissory notes.

58. Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may, in such manner as is hereinafter mentioned, join two or whom he is defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties.

entitled to redress. Ib. r. 7.

Action by or

tees, execu- tors, and administra-

59.-(1.) Trustees, executors, and administrators may against trus- sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons beneficially interested in the trust or estate, and shall be considered as represent- ing such persons; but the Court may, at any stage of the proceedings, order any of such persons to be made parties either in addition to or in lieu of the previously existing parties.

tors. Ib. r. 8.

Action for

(2.) This section shall apply to trustees, executors, and administrators sued in proceedings to enforce a security by foreclosure or otherwise.

60. In any action for the prevention of waste prevention of otherwise for the protection of property, one person may waste, etc.

sue on behalf or for the benefit of himself and all persons having the same interest.

Ib. r. 37.

Case of numerous persons having same interest. Ib. r. 9.

Power to approve compromise in absence

of some of

interested.

61. Where there are numerous persous having the same interest in one cause or matter, one or more of such

persons may sue or be sued, or may be authorized by the Court to defend, in such cause or matter, on behalf or for the benefit of all persons so interested.

62. Where in proceedings concerning a trust a com- promise is proposed and some of the persons interested in the compromise are not parties to the proceedings, but there are other persons in the same interest before the the persons Court and assenting to the compromise, the Court, if satisfied that the compromise will be for the benefit of the absent persons, and that to require service on such persons would cause unreasonable expense or delay, may approve the compromise and order that the same shall be binding on the absent persons, and they shall be bound accordingly, except where the order has been obtained by fraud or non-disclosure of material facts.

Ib. r. 9 A.

Misjoinder and non- joinder of parties. Ib. r. 11.

63.-(1.) No cause or matter shall be defeated by reason of the misjoinder or non-joinder of parties, and the Court may in every cause or matter deal with the matter in controversy so far as regards the rights and interests of the parties actually before it.

(2.) The Court may, at any stage of the proceedings, either on or without the application of either party, and on such terms as may appear to the Court to be just, order that the names of any parties improperly joined, whether as plaintiffs or as defendants, be struck out, and that the names of any parties, whether plaintiff's or defendants, who ought to have been joined, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.

▼

(3.) No person shall be added as a plaintiff suing without a next friend, or as the next friend of a plaintiff under any disability, without his own consent in writing thereto.

(4.) Every party whose name is so added as a defendant shall be served with a writ of summons, and the proceed,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901,

ings as against such party shall be deemed to have begun only on the service of such writ.

Application

64. Any application to add, or strike out, or substitute to ald, or a plaintiff or defendant may be made to the Court at any strike out, or time before trial by motion or summons, or at the trial of substitute the action in a summary manner.

parties. 0. 16 r. 12.

where defen-

65. Where a defendant is added or substituted, the Procedure plaintiff shall, unless otherwise ordered by the Court, amend the writ of summons and the copy thereof on the file, and serve such new defendant with such amended writ in the same manner as an original defendant is served.

dant added or substi- tnted.

Ib. r. 13.

etc.. by one

66.-(1.) Where there are more plaintiffs than one, Appearance, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in action or other proceeding under this Code.

any

party for another. Indian Code,

(2.) In like manner, where there are more defendants S. 35. than one, any one or more of them may be authorized by any other of them to appear, plead, or act for such other in any such action or proceeding,

(3.) In every such case the authority shall be in writing. signed by the party giving it, and shall be filed in the Registry.

Persons u der Disability.

67. An infant may sue as plaintiff by his next friend, in the manner heretofore practised, and may, in like manner, defend any action by his guardian appointed for that purpose.

Action by against 7. 16 r. 16.

infant.

lunatic. etc.

63. Where a lunatic or person of unsound mind, not Action by so found by inquisition, might formerly have sued as or against plaintiff or would have been liable to be sued as defendant 77. r. 17. in any suit, he may sue as plaintiff in any action by his committee or next friend, and may defend any action by his committee or guardian appointed for that purpose.

infant or

69 (1.) Where default is made by a defendant in Appointment entering an appearance to an action, after due service of of guardian the writ of summons, and it appears to the Court that he ad litem for is an infant or a person of unsound mind, not so found by person of inquisition, so that he is unable of himself to defend the unsound action the Court may, on the application of the plaintiff mind, after or of its own motion, appoint some fit person to be default in guardian of the defendant for the purpose of the action, action. by whom he may defend the same.

H. K. Code, s. 15.

(2.) No such order shall be made except on notice, after expiration of the time for appearance and four days at least before the day named in the notice for the hearing of the application; and such notice shall be left at the dwelling-house of the person with whom or under whose care the defendant was at the time of service of the writ of summons, and shall also, in the case of an infant not residing with or under the care of his father or guardian, be served on or left at the dwelling-house of his father or guardian, unless the Court thinks fit to dispense with such last-mentioned service.

appearance

70.-(1.) An infant shall not enter an appearance Appearance except by his guardian ad litem.

by infant.

0. 15. 18. chedule:

(2. No order for the appointment of such guardian shall be necessary, but the solicitor applying to enter such ap- Form No. 10. pearance shall make and file an affidavit for that purpose.

71 (1.) Every infant served with a petition or notice of motion, or summons in a matter, shall appear on the hearing thereof by a guardian ad litem in all cases in which the appointment of a special guardian is not pro- vided for

(2.) No order for the appointment of such guardian shall be necessary, but the solicitor by whom he appears shall previously make and file an affidavit as mentioned in the last preceding section.

Guardian ad

item of

inf nt. Ib. r. 19.

72. Before the name of any person shall be used in Filing of any action as next friend of any infant or other party, or autheity by as relator, such person shall sign a written authority to next friend the solicitor for that purpose, and the authority shall or relator. be filed in the Registry.

Ih, r. 20.

73. In any cause or matter to which any infant or per- Consent of son of unsound mind, whether so found by inquisition person under or not, or person under any other disability, is a party, disability to

185

186

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

procedure. O. 16 r. 21.

any consent as to the mode of taking evidence or as to any other procedure shall, if given, with the consent of the Court, by the next friend, guardian, committee, or other person acting on behalf of the person under dis- ability, have the same force and effect as if such party were under no disability and had given such consent: Provided that no such consent by any committee of a lunatic shall be valid as between him and the lunatic un- less given with the special sanction of the Chief Justice.

Administrations and Trusts.

Representa- 4.-(1.) In any case in which the right of an heir-at- tion of heir- law, or the next of kin, or a class depends upon the con- at-law, next of kin, or

struction which the Court may put upon an instrument, class.

and it is not known or is dileult to ascertain who is or Ib. r. 32 (a.) are such heir-at-law, next of kin, or class, and the Court considers that, in order to save expense or for some other reason, it will be convenient to have the questions of construction determined before such heir-at-law, next of kin, or class has or have been ascertained by means of in- quiry or otherwise, the Court may appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the Court shall be binding upon the person or persons so represented.

Ib. r. 32 (b.)

Administra- tion at suit

of residuary legatec, etc. Пb. r. 33.

Administra-

(2.) In any other case in which an heir-at-law, or any next of kin, or a class is or are represented in any pro- ceedings, the Court may, if, having regard to the nature and extent of the interest of such persons or of any of them, it appears expedient on account of the difficulty of ascertaining such persons or in order to save expense, appoint one or more persons to represent such heir-at-law, or to represent all or any of such next of kin or class, and the judgment of the Court shall be binding upon the person or persons so represented.

75. Any residuary legatce or next of kin entitled to a judgment or order for the administration of the per- soal estate of a deceased person may have the same without serving the remaining residuary legatees or next

of kin.

76. Any legatee interested in a legacy charged upon tion at suit of immovable property, and any person interested in the pro- legatee, etc.

ceeds of immovable property directed to be sold, and who Ib. r. 34.

may be entitled to a judgment or order for the administra- tion of the estate of a deccased person, may have the same without serving any other legatee or person interested in the proceeds of the property.

Administra-

tion at suit

77. Any residuary devisee or heir entitled to the like of residuary judgment or order may have the same without serving devisec. etc. any co-residuary devisee or co-heir.

Ib. r. 35.

78. Any one of several cestuis que trustent under any Execution of deed or instrument entitled to a judgment or order for

trusts at suit

of cestui que trust.

Ib. r. 36.

Administra- tion at suit of executor, etc.

Ib. r. 38.

Conduct of action or proceeding. lb. r. 39.

Service of notice of

judgment in action for administra-

tion of

estate, etc., and effect thereof.

Ib. r. 40.

the execution of the trusts of the deed or instrument may have the same without serving any other cestui que

trust.

79. Any executor, administrator, or trustee entitled thereto may have a judgment or order against any one legatee, next of kin, or cestui que trust for the administra- tion of the estate or the execution of the trust.

80. The Court may require any person to be made a party to any action or other proceeding, and may give the conduct of the action or proceeding to such person as it may think fit, and may make such order in any par- ticular case as it may think just for placing the defendant on the record on the same footing in regard to costs as other parties having a common interest with him in the matters in question.

81-(1.) Where, in any action for the administration of the estate of a deceased person, or for the execution of the trusts of any deed or instrument, or for the partition or sale of any immovable property, a judgment or order has been pronounced or made-

(a.) for the making of inquiries; or (b.) for the taking of accounts ; or

(c.) affecting the rights or interests of persons not

parties to the action,

the Court may direct that any persons interested in the estate, or under the trust, or in the immovable property shall be served with notice of the judgment or order; and after

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

such notice such persons shall be bound by the proceed- ings, in the same manner as if they had originally been made parties, and shall be at liberty to attend the proceed- ings under the judgment or order.

(2.) Any person so served may, within one month after such service, apply to the Court to discharge, vary, or add to the judgment or order.

(3.) It shall not be necessary for any person served with 0. 16 r. 41. notice of any judgment or order to obtain an order for liberty to attend the proceedings under such judgment or order, but such person shall be at liberty to attend the proceedings on entering an appearance in the Registry in the same manner, and subject to the same provisions, as a defendant entering an appearance.

(4.) A memorandum of the service on any person of Ib. r. 42. notice of the judgment or order in any action under this section shall be entered in the Registry, on due proof by affidavit of such service.

Ib. r. 43.

(5.) Notice of a judgment or order served pursuant to this section shall be entitled in the action, and there shall Schedule: be indorsed thereon a memorandum of such notice.

(6.) Notice of a judgment or order on an infant or person of unsound mind, not so found by inquisition, shall be served in the same manner as a writ of summons in an action.

Form No. 11. Ib. r. 44.

82. In any cause or matter to execute the trusts of Action to a will it shall not be necessary to make the heir-at-law execute a party, but the plaintiff shall be at liberty to make the trusts of heir-at-law a party where he desires to have the will b. r. 45. established against him.

will.

representa-

83. If in any cause or matter it appears to the Court Case of no that any deceased person who was interested in the matter legal in question has no legal personal representative, the Court personal may proceed in the absence of any person representing the tive of estate of the deceased person, or may appoint some person deceased to represent his estate for all the purposes of the cause or person inter- matter, on such notice to such persons, if any, as the Court ested in may think fit, either specially or generally by public question. advertisement, and the order so made, and any order con- Îb. r. 46. sequent thereon, shall bind the estate of the deceased person in the same manner in every respect as if a duly constituted legal personal representative of the deceased person had been a party to the cause or matter.

•

matter in

estate under

84.-(1.) In any cause or matter for the administration Right to of the estate of a deceased person, no party other than appear or the executor or administrator shall, except by leave of the claim against Court, be entitled to appear, either in Court or in Cham- administra- bers, on the claim of any person not a party to the cause tion. or matter against the estate of the deceased person in Ib. r. 47. respect of any debt or liability.

(2.) The Court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, on such terms as to costs or otherwise as it may think fit.

Third Party Procedure.

Ɛ5.--(1.) Where a defendant claims to be entitled to Right of contribution or indemnity over against any person not defendant to a party to the action, he may, by leave of the Court, issue give third

party notice, a notice (hereinafter called the third-party notice) to that and filing effect, sealed with the seal of the Court.

(2.) A copy of such notice shall be filed in the Registry' and shall be served on such person in the same manner as a writ of summons in an action.

(3.) The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the Court, be served within the time limited for filing the statement of defence of such defendant.

(4.) With the notice there shall be served a copy of

the statement of claim.

and service thereof.

Ib. r. 48. Schedule:

Form No. 12.

served to

86.-(1.) If a person, not a party to the action, who is Right of served as mentioned in the last preceding section (herein- third party after called the third party) desires to dispute the plaintiff's claim in the action as against the defendant on whose be- appear and

dispute half the notice has been given, or his own liability to the liability of defendant, the third party must enter an appearance in defendant or the action within eight days from the service of the notice. of himself.

Ib. r. 49.

187

188

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Procedure where third party does not appear, and judg- ment is suffered by default.

0. 16 r. 50.

Procedure

where third party does

not appear,

(2.) In default of his so doing, he shall be deemed to admit the validity of any judgment obtained against such defendant, whether obtained by consent or otherwise, and his own liability to contribute or indemnify, as the case may be, to the extent claimed in the third-party notice: Provided that a person so served and failing to appear within the said period of eight days may apply to the Court for leave to appear, and such leave may be given on such terms, if any, as the Court may think just.

87. Where a third party makes default in entering an appearance in the action, in case the defendant giving the notice suffers judgment by default, he shall be entitled at any time after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court, to enter judgment against the third party to the extent of the contribution or indemnity claimed in the third- party notice: Provided that it shall be lawful for the Court to set aside or vary such judgment on such terms: as may seem just.

88.-(1.) Where a third party makes default in en- tering an appearance in the action, in case the action is tried and results in favour of the plaintiff, the Court and action is may, at or after the trial, enter such judgment as the nature of the case may require for the defendant giving the notice against the third party: Provided that execution thereof shall not be issued without leave of the Court until after satisfaction by such defendant of the judgment against him.

decided in favour of plaintiff.

Ib. r. 51.

Application for direc- tions where

third party appears. Ib r. 52. Schedule:

Form No. 13.

Directions

which may be given

where third party appears. Ib. r. 53. Schedule: Form No. 14.

Decision of

costs. Tb. r. 54.

(2.) If the action is finally decided in the plaintiff's favour otherwise than by trial, the Court may, on appli- cation by motion or summons, as the case inay be, order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the third party at any time after satisfaction by such defendant of the judgment against him.

89. Where a third party enters an appearance in the action, the defendant giving the notice may apply to the Court for directions, and the Court, on the hearing of such application, may, if it is satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the Court may direct; and, if it is not so satisfied, may order such julgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.

90. The Court, on the hearing of the application mentioned in the last preceding section, may, if it appears desirable to do so, give the third party liberty to defend the action, on such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, documents to be delivered, or ame: dments to be made, and give such directions as the Court may think proper for having the question most conveniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action.

91. The Court may decide all questions of costs as questions of between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require.

Case of de. fendant claiming contribution or indemnity against co- defendant. Ib. r. 55.

Cause not to abate by

reason of

92. Where a defendant claims to be entitled to con- tribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant if such last-mentioned defendant were a third party; but nothing herein con- tained shall prejudice the rights of the plaintiff against any defendant in the action.

Change of Parties by Marriage, etc.

93. A cause or matter shall not become abated by reason of the marriage, death, or bankruptcy of any of the parties, if the cause of action survives or continues, and shall etc., of party not become defective by the conveyance, assignment, crea-

marriage,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

tion, or devolution of any estate or title pendente lite; if cause of and, whether the cause of action survives or not, there action sur- shall be no abatement by reason of the death of either vives, nor to

become de- party between the verdict or finding of the issues of fective by fact and the judgment, but judgment may in such case conveyance

of estate, etc. be entered, notwithstanding the death.

0. 17 r. 1.

case of mar-

94. In oase of the marriage, death, or bankruptcy, Service of or devolution of estate by operation of law, of any party notice on hus- to a cause or matter, the Court may, if it is deemed band, etc., in necessary for the complete settlement of all the questions riage, etc., of involved, order that the husband, personal representative, party. trustee, or other successor in interest, if any, of such Tb. r. 2. party be made a party, or be served with notice in such manner and form as is hereinafter prescribed, and on such terms as the Court may think just, and shall make such order for the disposal of the cause or matter as may be just.

95. In case of the conveyance, assignment, creation, or devolution of any estate or title pendente lite, the cause or matter may be continued by or against the person to or upon whom such estate or title has come or devolved.

Continuance

of cause by or against suc

cessor in title. Ib. r. 3.

case of mar-

96. Where by reason of marriage, death, or bank- Order to car- ruptcy, or any other event occurring after the commence- ry on pro- ment of a cause or matter and causing a change or ceedings in transmission of interest or liability, or by reason of any riage, etc., person interested coming into existence after the com- causing mencement of the cause or matter, it becomes necessary change of or desirable that any person not already a party should interest. be made a party, or that any person already a party should be made a party in another capacity, an order that the proceedings shall be carried on between the continuing parties and such new party or parties may be obtained ex parte on application to the Court, upon an affidavit of such change or transmission of interest or liability or of such person interested having come into existence.

Ib. r. 4.

effect

97.-(1.) An order obtained under the last preceding Service of section shall, unless the Court otherwise directs, be served order and on the continuing party or parties or their solicitors, and thereof. also on each such new party, unless the person making Ib. r. 5. the application is himself the only new party.

(2.) The order shall from the time of such service, sub- ject nevertheless to the next two succeeding sections, be binding on the persons served therewith, and every person served therewith who is not already a party to the cause or matter shall be bound to enter an appearance thereto within the same time and in the same manner as if he had been served with a writ of summons in an action

98. Where any person being under no disability or Application under no disability other than coverture, or being under to discharge

order by any disability other than coverture but having a guardian person not

ad litem in the cause or matter, is served with an order to under dis- carry on proceedings under section 96, such person may ability, etc. apply to the Court to discharge or vary such order at any Ib. r. 6. time within twelve days from the service thereof.

99. Where any person being under any disability Application other than coverture, and not having a guardian ad litem to discharge

　　　　　　　　　　　　　　　　　order by in the cause or matter, is served with an order to carry

person under on proceedings under section 96, such person may apply disability. to the Court to discharge or vary such order at any time Ib. r. 7. within twelve days from the appointment of a guardian ad litem for such person, and until such period of twelve days has expired such order shall have no force or effect as against such last-mentioned person.

defendant

100. When the plaintiff or defendant in a cause or Procedure matter dies, and the cause of action survives; but the where person entitled to proceed fails to proceed, the defendant plaintiff or (or the person against whom the cause or matter may be dies, and per- continued) may apply by summons to compel the plaintiff son entitled (or the person entitled to proceed) to proceed within such to proceed time as may be ordered; and, in default of such proceeding, fails to do so. judgment may be entered for the defendant, or, as the case may be, for the person against whom the cause or matter might have been continued; and in such case, if the plaintiff has died, execution may issue as in the case provided for by section 390.

Ib r. 8.

101. Where any cause or matter becomes abated, or Entry of in the case of any such change of interest as is in this abatement, Chapter provided for, the solicitor for the plaintiff or

etc., in Cause-Book. the person having the conduct of the cause or matter, as Ib. r. 9.

189

- 190

THE HONGKONG GOVERNMENT GAZETTE, IST FEBRUARY, 1901.

the case may be, shall certify the fact to the Registrar, who shall cause an entry thereof to be made in the Cause- Book opposite to the name of such cause or matter.

Striking out 102. Where any cause or matter has been standing of cause

for one year in the Cause-Book marked as "abated,' abated, etc., for a year.

or standing over generally, such cause or matter at 0.17 r. 10. the expiration of the year shall be struck out of the

Cause-Book.

General rule

in one action

of several causes of action.

CHAPTER III.

Joinder of CAUSES OF Action.

103. Subject to the following sections of this Chapter, as to joinder the plaintiff may unite in the same action several causes

of action, but if it appears to the Court that

　　　　　　　　any such causes of action cannot be conveniently tried or disposed of together, the Court may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.

0. 18 r. 1.

Rule as to joinder of other causes

of action with action

for recovery

of immov- able pro- perty. Tb. r. 2.

Claims by trustee in

104. No cause of action shall, except by leave of the Court, be joined with an action for the recovery of immov- able property, except claims in respect of mesne profits, or arrears of rent, or double value in respect of the premises claimed, or any part thereof, and damages for breach of any contract under which the same or any part thereof are held or for any wrong or injury to the premises claimed: Provided that nothing in this Chapter shall prevent any plaintiff in an action for foreclosure or redemption from asking for or obtaining an order against the defendant for delivery of the mortgaged property to the plaintiff on or after the order absolute for foreclosure or redemption, as the case may be, and such an action for foreclosure or redemption and for such delivery of possession shall not be deemed an action for the recovery of immovable pro- perty within the meaning of this Chapter: Provided, also, that in case any mortgage security is foreclosed by reason of the default to redeem by any plaintiff in a redemption action, the defendant in whose favour such foreclosure has taken place may, by motion or summons, apply to the Court for an order for the delivery to him of possession of the mortgaged property, and such order may be made thereupon as the justice of the case may require.

105. Claims by a trustee in bankruptcy as such shall not, except by leave of the Court, be joined with any bankruptcy. claim by him in any other capacity.

Ib. r. 3.

band and wife.

Claims by or

106. Claims by or against husband and wife may be against hus. joined with claims by or against either of them separately.

107. Claims by or against an executor or administrator as such may be joined with claims by or against him Claims by or personally, provided the last-mentioned claims are alleged against exe- to arise with reference to the estate in respect of which cutor or ad- the plaintiff or defendant sues or is sued as executor or

Ib. r. 4.

ministrator. -lb. r. 5.

Claims by joint plain-

tiffs. lb. r. 6.

Provision as to ss. 106-8. lb. r. 7.

Remedy of defendant

administrator.

108. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against the same defendant.

109. The last three preceding sections shall be subject to sections 103 and 110.

110.-(1.) Any defendant alleging that the plaintiff has united in the same action several causes of action which for misjoind- cannot be conveniently disposed of together may at any time apply to the Court for an order confining the action to such of the causes of action as may be conveniently disposed of together.

er of causes of action. Ib. rr. 8, 9.

Rules of pleading. O. 19 r. 1.

(2.) If, on the hearing of such application, it appears to the Court that the causes of action are such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded, and consequential amendments to be made, and may make such order as to costs as may be just.

CHAPTER IV.

PLEADINGS.

General Rules of Pleading.

111. The following rules of pleading shall be used in the Court.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

O. 19 r. 4.

112.-(1.) Every pleading shall contain, and contain Form of only, a statement in a summary form of the material pleading. facts on which the party pleading relies for his claim or defence, as the case may be, but not the evidence by which they are to be proved.

(2.) It shall, when necessary, be divided into para- graphs, numbered consecutively, and each paragraph shall, as nearly as may be, contain a separate and distinct state- ment or allegation.

(3.) Dates, sums, and numbers shall be expressed in figures and not in words.

113. Signature of counsel shall not be necessary; Signature of but where a pleading has been settled by counsel it shall pleading. be signed by him; and, if not so settled, it shall be Ib. signed by the solicitor, or by the party, if he sues or defends in person.

114. In all cases in which the party pleading relies on Particulars any misrepresentation, fraud, breach of trust, wilful de- to be given in fault, or undue influence, and in all other cases in which case of mis- representa. particulars may be necessary, particulars (with dates and tion, fraud, items, if necessary) shall be stated in the pleading: etc. Provided that if the particulars are of debt, expenses, Ib. r. 6. or damages, and exceed three folios, the fact must be so stated, with a reference to full particulars already delivered or to be delivered with the pleading.

culars.

115. A further and better statement of the nature of Ordering of the claim or defence, or further and better particulars of further and any matter stated in any pleading, notice, or written better parti- proceeding requiring particulars, may in all cases be ordered, on such terms as to costs and otherwise as may be just.

116.-(1.) The party at whose instance any particulars have been delivered under an order of the Court shall, unless the order otherwise provides, have the same length of time for pleading after the delivery of the particulars that he had at the return of the summons.

(2.) Except as in this section provided, an order for particulars shall not, unless the order otherwise provides, operate as a stay of proceedings or give any extension of time.

Ib. r. 7.

Time for pleading after delivery of particu- lars.

lb. r. 8.

lb. r. 12.

117. Nothing in this Code shall affect the right of any plea of not defendant to plead not guilty by statute; and every de- guilty by fence of not guilty by statute shall have the same effect statute. as a plea of not guilty by statute has heretofore had: Provided that if the defendant so pleads, he shall not plead any other defence to the same cause of action, with- out the leave of the Court.

denied.

118. Every allegation of fact in any pleading, not Admission of being a petition or summons, if not denied specifically fact not or by necessary implication, or stated to be not admitted, specifically in the pleading of the opposite party, shall be taken to be T. r. 13. admitted, except as against an infant, lunatic, or person of unsound mind not so found by inquisition.

in certain

119. Any condition precedent the performance or oc- Condition currence of which is intended to be contested shall be precedent to distinctly specified in his pleading by the plaintiff or de- be specified fendant, as the case may be; and, subject thereto, an cases. averment of the performance or occurrence of all condi- b. r. 14. tious precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.

defence or reply.

b. r. 15.

120. The defendant or plaintiff, as the case may be, Pleading to must raise by his pleading all matters which show the raise all action or counterclaim not to be maintainable, or that the grounds of transaction is either void or voidable in point of law, and all such grounds of defence or reply, as the case may be, as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as for instance, fraud, statute of limitations, release, payment, performance, facts showing illegality either by statute or common law, or the Statute of Frauds.

121. No pleading, not being a petition or summons, Prohibition shall, except by way of amendment, raise any new ground of departure of claim or contain any allegation of fact inconsistent with in pleading. the previous pleadings of the party pleading the same.

Ib. r. 16.

191

多

192

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Obligation to 122. It shall not be sufficient for a defendant in his deal speci- statement of defence to deny generally the grounds alleged fically with

by the statement of claim, or for a plaintiff in his answer allegation not admitted, to a counterclaim to deny generally the grounds alleged in the counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.

0. 19 r. 17.

Joinder of issue.

Ib. r. 18.

Evasive denial. Ib. r. 19.

Effect of bare denial

etc.

lb. r. 20.

123.-(1.) The plaintiff by his reply, if any, may join issue upon the statement of defence, and each party in his pleading, if any, subsequent to reply may join issue upon the previous pleading.

(2.) Such joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it may except any facts which the party may be willing to admit, and shall then operate as a denial of the facts not so admitted.

124. When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he must not do so evasively, but answer the point of sub- stance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with divers circumstances, it shall not be sufficient to deny it along with those circumstances.

125. Where a contract, promise, or agreement is alleged in any pleading, a bare denial of the same by the opposite of contract, party shall be construed only as a denial in fact of the express contract, promise, or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise, or agreement, whether with reference to the Statute of Frauds or otherwise.

Mode of stating document. Ib. r. 21.

Mode of alleging malice, etc. Ib. r. 22.

Mode of alleging notice. Ib. r. 23.

126. Where the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document or any part thereof are material.

127. Where it is material to allege malice, fraudulent intention, knowledge, or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without setting out the circumstances from which the same is to be.inferred.

128. Where it is material to allege notice to any person of any fact, matter, or thing, it shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the circumstances from which such notice is to be inferred, is or are material.

;

Mode of 129.-(1.) When any contract or any relation between alleging

any persons is to be implied from a series of letters or con- contract or

versations, or otherwise from a number of circumstances, relation to be implied

it shall be sufficient to allege such contract or relation from letters, as a fact, and to refer generally to such letters, conversa-

tions, or circumstances without setting them out in detail.

(2.) If in any such case the person so pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from such circumstances, he may state the same in the alternative.

etc. Ib. r. 24.

Presumption of law. Ib. r. 25.

Technical objection.

Ib. r. 26.

Striking out

Ib. r. 27.

130. Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied, as, for example, consideration for a bill of exchange, where the plaintiff sues only on the bill, and not for the considera- tion as a substantive ground of claim.

131. No technical objection shall be raised to any pleading on the ground of any alleged want of form.

132. The Court may, at any stage of the proceedings, or amending order to be struck out or amended any matter in any in- of pleading. dorsement or pleading which may be unnecessary or scan- dalous or which may tend to prejudice, embarrass, or delay the fair trial of the action; and may in any such case, if it thinks fit, order the costs of the application to be paid as between solicitor and client.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

133. Where the circumstances of the case appear to Verification require it, the Court may, on the application of the oppo- II. K. Code, of pleading. site party or of its own motion, order any party to verify ss. 24 (9.), 33 his pleading, or any part thereof, upon oath or by affi- (16.) davit.

0. 19 r. 2.

134. Every pleading shall be as brief as the nature of Costs of the case will admit, and the Registrar, in taxing the costs

prolix plead- ing. of the action, shall at the instance of any party, or may of his own motion, inquire into any unnecessary prolixity, and order the costs occasioned by such prolixity to be borne by the party chargeable with the same.

Statement of Claim.

statement of

135.-(1.) After the appearance of the defendant to the Filing of action, or, in case of his non-appearance, then by leave of claim. the Court, the plaintiff may file in the Registry a statement HK. Code, of his claim and of the relief or remedy required in the s. 24 (1.) action.

Schedule: Form No. 15. 0. 20 r. 1

(2.) At any time after his appearance to the action, the defendant may give notice in writing to the plaintiff or his (b.), (c.) solicitor requiring him to file his statement of claim ; and the plaintiff shall, unless otherwise ordered by the Court, file his statement of claim within five weeks from the time of his receiving such notice.

(3.) In no case where the defendant has appeared shall b. r. 1 a statement of claim be filed more than six weeks after the (d) appearance has been entered, unless otherwise ordered by the Court.

136. The statement of claim shall specify the name, description, and place of abode of the plaintiff and of the defendant, so far as they can be ascertained, and shall correspond in those particulars with the writ of

summons.

137. The statement of claim my alter, modify, extend the plaintiff's claim without any amendment of the indorsement of the writ of summons.

Description of parties. H. K. Code, s. 24 (1.)

Claim beyond indorsement on wit. 0.20 r. 4.

prayer for

138.-(1.) The statement of claim shall state specifically Mode of the relief which the plaintiff claims, either simply or in

stating the alternative, and it shall not be necessary to ask for relief. general or other relief, which may always be given, as Ib. r. 6. the Court may think just, to the same extent as if it had been asked for.

(2.) The same rule shall apply to any relief claimed by the defendant in his statement of defence and to any counterclaim made by him.

139.-(1.) Where the plaintiff seeks relief in respect of several distinct claims or causes of complaint founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and distinctly.

(2.) The same rule shall apply where the defendant relies upon several distinct grounds of defence, set-off, or coun- terclaim founded upon separate and distinct facts.

Service of Statement of Claim.

Mode of stating dis- 77

tinct claims.

Service of

claim on

who has appeared. H. K. Code, s. 29 (1.)

140. After the filing of the statement of claim, the plaintiff shall forthwith cause a copy thereof under the seal statement of of the Court to be served on the defendant, and such copy defendant shall contain a memorandum indorsed thereon requiring the defendant to file a statement of defence to the statement of claim within three weeks from the day of such service, or, in a case of service out of the jurisdiction, within such time as the Court may have ordered: Provided that no such service of the statement of claim shall be required to be made on any defendant who has failed to enter an appear- ance and as against whom the plaintiff has obtained the leave of the Court to proceed with his action ex parte.

141. Where service of the writ of summons is directed to be made out of the jurisdiction, the Court may order that the statement of claim be filed forthwith and that a copy thereof under the seal of the Court be served on the defendant concurrently with the writ.

Power to order service forthwith where writ to

be served out of jurisdic- tion.

Tb. s. 29 (2.)

Power to stay proceedings where state-

Staying Proceedings for Defect in Statement of Claim.

142. Where a statement of claim is defective on the face of it by reason of non-compliance with any provision of this Code, the Court may, either on the ap- ment of claim. plication of the defendant or of its own motion, inake an is defective. order to stay proceedings in the action until the defect Ib. s. 30. is remedied.

193

194

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Time for filing state.

ment of defence.

H. K. Code, s. 33. (1.) Schedule:

Form No. 16.

Application

Statement of Defence.

143. The defendant shall file in the Registry a state- ment of defence to the statement of claim within three weeks from the date of the service thereof, or, in a case of service out of the jurisdiction, within such time as the Court may have ordered.

144.-(1.) The defendant may apply to the Court for for extension further time to file is statement of defence, on a sum-

mons stating the further time required.

of time.

Ib. s. 33 (1),

(2.)

Filing

(2.) The application, unless it is consented to, must be supported by affidavit, or, if the Court, in its discretion permits, by oral evidence upon oath, showing that there is reasonable ground for the application and that it is not made for the purpose of delay.

145.-(1.) If the defendant neglects to file a statement statement of of defence within the time or further time allowed, as the defence after case may be, he shall not be at liberty to file a statement expiration of

of defence without the leave of the Court or the consent time.

Ib. s. 33 (4.), of the plaintiff.

(5.), (6.)

Mode of

(2.) The Court may grant such leave, on such terms as may seem just, by order made on the application of the defendant.

146.-(1.) The statement of defence must deny all such denying alle- material allegations in the statement of claim as the de- gations made

fendant intends to deny at the trial.

in statement of claim.

(2.) In an action for a debt or liquidated demand in Ib. s. 33 (9.), money comprised in section 19, a mere denial of the debt (10.)

shall be inadmissible. 0.21 rr. 1, 2.

No denial

necessary as to damages. Ib. r. 4.

Costs of allegation improperly denied

or not ad- mitted. Ib. r. 9. Plea of

Ib. r. 19.

(3.) In an action upon a bill of exchange, promissory note, or cheque, a defence in denial must deny some matter of fact, as, for example, the drawing, making, indorsing, accepting, or notice of dishonour of the bill

or note.

147. No denial or defence shall be necessary as to damages claimed or their amount ; but they shall be deemed to be put in issue in all cases, unless expressly admitted.

143. Where the Court is of opinion that any allegation of fact denied or not admitted by the statement of de- fence ought to have been admitted, the Court may make such order as may be just with respect to any extra costs occasioned by its having been denied or not admitted.

149. Where a party pleads the general issue, intending general issue. to give the special matter in evidence by virtue of an Act of Parliament or Ordinance, he shall insert in the margin of his pleading the words "by statute," together with the year of the reign in which the Act of Parliament on which he relies was passed, and also the chapter and section of such Act, or the year, number, and section of the Ordin- ance on which he relies, as the case may be, and shall specify whether such Act or Ordinance is public or other- wise; otherwise such defence shall be taken not to have been pleaded by virtue of any Act of Parliament or Or- dinance.

I'lea in abate-

ment. Ib. r. 20.

Service of

150. No plea or defence shall be pleaded in abatement. 151. After the filing of the statement of defence the statement of defendant shall forthwith cause a copy thereof under the

seal of the Court to be served on the plaintiff.

claim on

plaintiff.

New.

Defence of

Certain Special Defences.

152. With a defence setting up a tender before action, tender before the sum of money alleged to have been tendered must be

action.

O. 22 r. 3.

Payment

of claim. or

lb. r. 1.

brought into Court.

153. Where an action is brought to recover a debt or into Court in damages, any defendant may, before or at the time of fil- satisfaction ing his statement of defence, or at any later time by leave with denial of the Court, pay into Court a sum of money by way of of liability. satisfaction, which shall be taken to admit the claim or cause of action in respect of which the payment is made; or he may, with a defence denying lability, (except in an action or counterclaim for libel or slander) pay money into Court which shall be subject to the provisions of section 157: Provided that, in an action on a bond under the Act of Parliament 8 and 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexations Suits," payment into Court shall be admissible to parti- cular breaches only, and not to the whole action.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

154. Payment into Court shall be signified in the state- Pleading of ment of defence, and the claim or cause of action in satis- payment faction of which such payment is made shall be specified 0.22 r. 2.

into Court.

therein.

155. If the defendant pays money into Court before Payment filing his statement of defence, he shall serve

on the into Court

　　　　　　　　　　　　　　　　　"before plaintiff a notice in writing specifying both the fact that defence. he has paid in such money, and also the claim or cause Ib. r. 4. of action in respect of which such payment has been made.

156 In the following cases of payment into Court Payment under this Chapter, namely,-

over to

of money Court. paid into

Ib. r. 5.

plaintiff in (1.) when payment into Court is made before the filing certain cases

of the statement of defence; (2.) when the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the payment into Court has been made, is not denied in the statement of defence; and

(3.) when payment into Court is made with a defence

setting up a tender of the sum paid,

the money paid into Court shall be paid out to the plain- tiff on his request, or to his solicitor on the plaintiff's written authority, unless the Court otherwise orders.

;

ment into Court is made with

denial of liability. 76. r. G.

defendant's

157. When the liability of the defendant, in respect of Procedure the claim or cause of action in satisfaction of which the where pay- payment into Court has been made, is denied in the statement of defence, the following rules shall apply :-

(1.) the plaintiff may accept, in satisfaction of the

claim or cause of action in respect of which the pay ment into Court has been made, the sum so paid in, in which case he shall be entitled to have the money paid out to him as hereinafter provided, notwithstand- ing the defendant's denial of liability, whereupon all further proceedings in respect of such claim or cause of action, except as to costs, shall be stayed; or the plaintiff may refuse to accept the money in satisfaction, in which case the money shall remain in Court subject to the provisions hereinafter contained; (2.) if the plaintiff accepts the sum so paid in, he shall, after service on the defendant of a notice in writing accepting the sun paid in in satisfaction of the claim or cause of action in respect of which it has been paid in, be entitled to have the money paid out to himself on request, or to his solicitor on the plaintiff's written authority, unless the Court otherwise orders ; (3.) if the plaintiff does not accept, in satisfaction of the claim or cause of action in respect of which the payment into Court has been made, the sum so paid in, but proceeds with the action in respect of such claim or cause of action, er any part thereof, the money shall remain in Court, and be subject to the order of the Court, and shall not be paid out of Court except in pursuance of an order of the Court: (4.) if the plaintiff proceeds with the action in respect of such claim or cause of action, or any part thereof, and recovers less than the amount paid into Court, the sum paid in shall be applied, so far as may be neces- sary, in satisfaction of the plaintiff's claim, and the balance, if any, shall, under such order, be repaid to the defendant; and

(5.) if the plaintiff proceeds with the action in respect of such claim or cause of action and the defendant succeeds in respect thereof, the whole sum paid in shall, under such order, be repaid to the defendant.

before

158. The plaintiff, when payment into Court is made Acceptance before the filing of the statement of defence, may, within of sum paid four days after the receipt of notice of such payment, or, into Court when such payment is first signified in the statement of defence. defence, may within four days after service of the state- Ib. r. 7. ment of defence, accept in satisfaction of the claim or cause of action in respect of which such payment has been made the sum so paid in, in which case he shall give notice to the defendant accordingly, and shall be at liberty, in case the entire claim or cause of action is thereby satisfied, to tax his costs after the expiration of four days from the service of such notice, unless the Court other- wise orders, and, in case of non-payment of the costs with- in forty-eight hours after such taxation, to sign judgment for his costs so taxed.

195

196

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Payment

159. Where money is paid into Court in two or more into Court in actions which are consolidated, and the plaintiff proceeds consolidated

to trial in one, and fails, the money paid in and the costs action. 0.22 r. 8.

in all the actions shall be dealt with under the provisions of this Chapter relating to payment into Court and tender in the same manner as in the action tried.

Payment 160. Where a cause or matter is tried by the Court into Court

with a jury no communication to the jury shall be made, not to be

until after the verdict has been given, either of the fact communi- cated to jury.

that money has been paid into Court or of the amount Ib. r. 22.

paid in.

The jury shall be required to find the amount of the debt or damages, as the case may be, without reference to any payment into Court.

Defence of set-off to

claim for

money.

H. K. Code, s. 36 (1.)

Making of

counter.

in lieu of

set-off.

161.-(1.) A defence of set-off to a claim for money, whether in debt or in damages, must be accompanied by a statement of the particulars of the set-off.

(2.) If it is pleaded as a sole defence, it must also, unless it extends to the whole amount of the plaintiff's claim, be accompanied by payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and, in default of such payment, the defendant shall be liable to bear the costs of the action, even if he succeeds in his defence to the extent of the set-off pleaded.

162. Where the defendant raises a defence by way of set-off which, in the opinion of the Court, is not ad- claim, etc., missible as set-off, the Court may, either before or at the trial, on his application, give him liberty to with- Ib. s. 36 (2.) draw such defence and to make a counterclaim or bring a cross-action; and may make such order for the trial of the action and the counterclaim or cross-action, together or otherwise, and in such manner and on such terms as to costs and other matters as may seem just.

Cases in which counterclaim may be

procedure

thereon.

Ib. s. 37.

Schedule:

Counterclaim.

163.-(1.) Where a defendant in his statement of de- fence raises any specific defence, and it appears to the Court that, on such defence being established, he may be allowed, and entitled to relief against the plaintiff in respect of the subject-matter of the action, the Court may, on the appli- cation of the defendant either before or at the trial, if under the circumstances of the case it thinks fit, give Form No. 17. liberty to the defendant to file a counterclaim by a cross- statement of claim in the same action, asking for relief against the plaintiff, either alone or along with other persons; and may make such order for the conduct and trial of the action and the counterclaim, together or other- wise, and in such manner and on such terms as to costs and other matters, as may seem just.

Appearance by third party to

counter- claim.

(2.) The Court may, if in any case it thinks fit, require the plaintiff to give security to the satisfaction of the Court, by deposit or otherwise, to abide by and perform the decision of the Court on the counterclaim.

164. Any person not originally a party to the action who is served with a counterclaim must appear thereto as if he had been served with a writ of summons in an action. 0.21 r. 13. Time for reply to counter- claim.

Ib. r. 14.

Statement of defence to counter- claim.

0.23 r. 4.

165. Any person named as a party to a counterclaim may file a statement of defence thereto within the time within which he might file a statement of defence if it were a statement of claim.

166. Where a counterclaim is pleaded, a statement of defence thereto shall be subject to the rules applicable to statements of defence.

167. If in any case in which the defendant sets up a Continuance counterclaim the action of the plaintiff is stayed, discon- tinued, or dismissed, the counterclaim may nevertheless be proceeded with.

of counter-

claim.

0.21 r. 16.

Rule as to

subsequent pleadings. 0. 23 r. 2. Schedule:

Form No. 18.

Default of

Subsequent Pleadings.

168. No pleading subsequent to statement of defence shall be pleaded without the leave of the Court, and then only on such terms as the Court may think fit.

Default of Pleading.

169. In any case in which issues arise in an action third party other than between plaintiff and defendant, if any party in pleading. to any such issue makes default in filing any pleading, 0.27 r. 41. the opposite party may apply to the Court for such judg-

ment, if any, as upon the pleadings he may appear to be

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

entitled to; and the Court may order judgment to be entered accordingly, or may make such other order as may be necessary to do complete justice between the parties.

Matters arising pending the Action,

statement of

170.-(1.) Any ground of defence which has arisen after Pleading action brought, but before the defendant has filed his matter aris- statement of defence, and before the time limited for his ing before doing so has expired, may be raised by the defendant in defence or his statement of defence, either alone or together with any reply.

H. K. Code, other ground of defence.

　　　　　　　　　　　　　　　　　　　　s. 63. (2.) If, after a statement of defence has been filed, any 0.24 r. 1. ground of defence arises to any set-off alleged therein by the defendant, it may be raised by the plaintiff in his reply, if any, either alone or together with any other ground of reply.

statement of

171. Where any ground of defence arises after the de- Pleading fendant has filed his statement of defence, or after the matter aris time limited for his doing so has expired, the defendant ing after may, and where any ground of defence to any set-off or defence or counterclaim arises after reply, if any, or after the time reply. limited for filing a reply, if any, has expired, the plaintiff 15. r. 2. may, within eight days after such ground of defence has arisen, or at any subsequent time by leave of the Court, file a further statement of defence or further reply as the case may be, setting forth the same.

matter aris-

172 Where the defendant, in his statement of defence Confession or in a further statement of defence as in the last preceding of defence section mentioned, alleges any ground of defence which has founded on arisen after the commencement of the action, the plaintiff ing pending may file a confession of such defence, and may thereupon the action. sign judgment for his costs up to the time of the pleading Ib. r. 3. of such defence, unless the Court, either before or after the filing of such confession, otherwise orders.

Proceedings in lieu of Demurrer.

173. No demurrer shall be allowed in any action or Abolition of other proceeding.

demurrer.

0. 25 r. 1.

his Right of

pro- point of law by pleading, and proced- ure thereon.

174. Any party shall be entitled to raise by pleading any point of law, and any point so raised shall party to raise be disposed of by the Court at or after the trial, vided that, by consent of the parties or by order of the Court on the application of any party, the same may be set down for hearing and disposed of at any time Ib. r. 2. before the trial.

Schedule: Form No. 19.

175. If, in the opinion of the Court, the decision of Dismissal of such point of law substantially disposes of the whole action, etc., action, or of any distinct cause of action, ground of de- on point of fence, set-off, counterclaim, or reply therein, the Court may thereupon dismiss the action or make such other order therein as may be just.

law. Ib. r. 3.

reasonable

176. The Court may order any pleading to be struck Striking out out, on the ground that it discloses no reasonable cause pleading of action or defence, and in any such case, or in case of where no the action or defence being shown by the pleadings to cause of be frivolous or vexatious, the Court may order the action action dis- to be stayed or dismissed, or judgment to be entered closed, etc. accordingly, as may be just.

make

177. No action or other proceeding shall be open to objection on the ground that a merely declaratory judg- ment or order is sought thereby; and the Court may binding declarations of right whether any consequential relief is or could be claimed or not.

CHAPTER V.

AMENDMENT.

Ib. r. 4.

Declaratory judgment or

order. Ib. r. 5.

0. 28 r. 1.

178. The Court may, at any stage of the proceedings, Amendment allow either party to alter or amend his indorsement, or of indorse- pleading, or particulars in such manner and on such terms ment, etc. as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.

to amend.

179. Application for leave to amend may be made by Application either party to the Court, and such amendment may be for leave allowed on such terms as to costs or otherwise as may Ib. r. 6. be just.

197

198

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Right of

180. The statement of claim may be amended at any amendment time before the statement of defence has been filed, by leave

of the Court obtained ex parte.

ex parte. H. K. Code, s. 32 (5.)

of claim after defence.

181. Where the plaintiff considers the contents of the Amendment statement of defence to be such as to render an amend- of statement ment of the statement of claim necessary or desirable, he may obtain ex parte an order to amend the statement Ib. s. 39 (2.), of claim, on satisfying the Court that the amendment (3).

is not intended for the purpose of delay or vexation, but is considered to be material for the plaintiff's case.

Failure to

order. 0. 28 r. 7.

182. If a party who has obtained an order for leave to amend after amend does not amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited, then within fourteen days from the date of the order, such order to amend shall, on the expiration of such limited time as aforesaid or of such fourteen days, as the ease may be, become ipso facto void, unless the time is extended by the Court.

Date of order

amendment

183. Whenever any indorsement, pleading, or particulars and date of is or are amended, the same when ameuded shall be mark- ed with the date of the order, if any, under which the same is or are so amended, and of the day on which such ameud- ment is made, in manner following, viz.: "Amended the

day of

dated

to be marked. Ib. r. 9.

Filing and service of amended pleading. Ib. r. 10.

Correction of clerical mistake in judgment, etc. Ib. r. 11.

General power to amend. lb. r. 12.

Discovery by interroga. tories.

0. 31 r. 1.

Decision on interroga. tories to be delivered. Ib. r. 2. Schedule:

Form No. 20.

Costs of in- terroga-

tories.

Ib. r. 3.

the

day of

pursuant to order of 19 ."

184. Whenever any indorsement, pleading, or particulars is or are am

such amended document shall be filed within the time allowed for amending the same, and a copy thereof under the seal of the Court shall forthwith be served on the opposite party.

185. Any clerical mistake in any judgment or order, or any error arising therein from any accidental slip or omis- sion, may at any time be corrected by the Court, on motion or summous, without an appeal.

136. The Court may at any time, and on such terms as to costs or otherwise as the Court may think just, amend any defect or error in any proceedings, and all necessary amendments shall be made for the purpose of determining the real question or issue raised by or depending on the proceedings.

CHAPTER VI.

DISCOVERY, INSPECTION, AND ADMISSIONS.

Discovery.

187. In any case or matter the plaintiff or defendant may, by leave of the Court, deliver interrogatories in writ- ing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when de- livered shall have a note at the foot thereof, stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided, also, that interrogatories which do not relate to any matters in question in the cause or matter shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness.

183.-(1.) On an application for leave to deliver in terrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court.

(2.) In deciding upon such application, the Court shall take into account any offer which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court may consider necessary either for disposing fairly of the cause or matter or for saving costs.

139. In adjusting the costs of the cause or matter inquiry shall, at the instance of any party, be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the Court, either with or without an application for inquiry, that such in- terrogatories have been exhibited unreasonably, vexatious- ly, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

tories for corporation or company.

0.31 r. 5.

190. If any party to a cause or matter is a body cor- Interroga. porate or a joint stock company, whether incorporated or not, or any other body of persons empowered by law to sue or be sued, whether in its own name or in the name of any officer or other person, any opposite party may apply to the Court for an order allowing him to deliver interrogatories to any member or officer of such corpora- tion, company, or body, and an order may be made accord- ingly.

191.-(I.) Any interrogatories may be set aside on the Setting aside ground that they have been exhibited unreasonably or

interroga- tories. vexatiously, or struck out on the ground that they are

　　　　　　　　　　　　　　　　　　Ib. r. 7. prolix, oppressive, unnecessary, or scandalous.

(2.) Any application for this purpose may be made within seven days after service of the interrogatories.

192. Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the Court may allow.

Answer to interroga- tories.

Ib. r. 8.

Schedule: Form No. 21.

193. Any objection to answering any one or more of Objections to several interrogatories on the ground that it or they is or interroga- are scandalous or irrelevant, or not bonâ fide for the pur- pose of the cause or matter, or that the matters inquired into are not sufficiently material at that stage, or on any other ground, may be taken in the affidavit in answer.

tories by 77. v. 6.

answer.

194. No exception shall be taken to any affidavit in Objection to answer to interrogatories, but the sufficiency or otherwise affidavit of any such affidavit objected to as insufficient shall be in answer. determined by the Court on summons.

Ib. r. 10.

answer

further.

195. If any person interrogated omits to answer or Order to answers insufficiently, the party interrogating may apply answer or to the Court for an order requiring him to answer or to answer further, as the case may be, and an order may be Ib. r. 11. made requiring him to answer or answer further, either by affidavit or by vivâ voce examination, as the Court may direct.

196.-(1.) Any party may, without filing any affidavit, Application

for discovery apply to the Court for an order directing any other party to of docu. any cause or matter to make discovery upon oath of the ments. documents which are or have been in his possession or Ib. r. 12. power, relating to any matter in question therein.

(2.) On the hearing of such application, the Court may either refuse or adjourn the same, if satisfied that such discovery is not necessary or not necessary at that stage of the cause or matter, or make such order, either generally or limited to certain classes of documents, as may, in its discretion, be thought fit: Provided that discovery shall not be ordered when and so far as the Court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

Schedule: Form No. 22.

(3.) The affidavit to be made by the party against whom Ib. r. 13. such order has been made shall specify which, if of

any, the documents therein mentioned he objects to produce and on what grounds.

197.(1.) The Court may, on the application of any Discovery of

specific docu- party to a cause or matter, at any time, and whether an ments. affidavit of documents has or has not already been ordered Ib. r. 19A. or made, make an order requiriug any other party to state by affidavit whether any one or more specific documeuts, to be specified in the application, is or are or has or have at any time been in his possession or power; and, if not then in his possession, when he parted with the same, and what has become thereof.

(2.) Such application shall be made on an affidavit stating that, in the belief of the deponent, the party against whom the application is made has, or has at some time had, in his possession or power the document or documents specified in the application, and that it or they relates or relate to the matters in question in the cause or matter or to some of them.

198. It shall be lawful for the Court, at any time during Production of the pendency of any cause or matter, to order the produc- documents. tion by any party thereto, upon oath, of such of the docu- Ib. r. 14. meuts in his possession or power, relating to any matter in question in such cause or matter, as the Court may think right; and the Court may deal with such documents, when produced, in such manner as may appear just.

199

200

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Inspection of document

referred to in pleadings, etc.

0. 31 r. 15.

Time and place for inspection

when notice for inspec- tion given. Ib. r. 17.

Application for inspec- tion.

Ib. r. 18.

Order for verified copies of entries in business book.

Ib. r. 19A.

Claim of privilege. Ib.

Premature

Ib. r. 20.

Inspection.

199.-(1.) Every party to a cause or matter shall be entitled, at any time, by notice in writing, to give notice to any other party, in whose pleadings, particulars, or affidavits reference is made to any document, to produce such docu- ment for the inspection of the party giving such notice or of his solicitor, and to permit him or his solicitor to take copies thereof.

(2.) Any party who does not comply with such notice shall not afterwards be at liberty to put any such document in evidence on his behalf in such cause or matter, unless he satisfies the Court that such document relates only to bis own title, he being a defendant in the cause or matter, or that he had some other cause or excuse which the Court may deem sufficient for not complying with such notice; in which case the Court may allow the same to be put in evidence, on such terms as to costs and otherwise as the Court may think fit.

200. The party to whom such notice is given shall, within two days from the receipt of such notice, if all the documents therein referred to have been set forth by him in an affidavit for the discovery of documents, or, if any of the documents referred to in such notice have not been set forth by him in any such affidavit, then within four days from the receipt of such notice, deliver to the party giving the same a notice stating a time, within three days from the delivery thereof, at which the documents, or such of them as he does not object to produce, may be inspected at the office of his solicitor, or, in the ease of bankers' books, or other books of account, or books in constant use for the purposes of any trade or business, at their usual place of custody, and stating which, if any, of the documents he objects to produce and on what grounds.

201.-(1.) If the party served with notice under the last preceding section omits to give such notice of a time for inspection, or objects to give inspection, or offers inspec- tion elsewhere than at the office of his solicitor, the Court may, on the application of the party desiring it, make an order for inspection in such place and in such manner as it may think fit: Provided that the order shall not be made when and so far as the Court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

(2.) Any application to inspect documents, except such as are referred to in the pleadings, particulars, or affidavits of the party against whom the application is made, or disclosed in his affidavit of documents, shall be founded on au affidavit showing of what documents inspection is sought, that the party applying is entitled to inspect them, and that they are in the possession or power of the other party. The Court shall not make such order for inspection of such documents when and so far as the Court is of opinion that it is not necessary either for disposing fairly of the cause or matter or for saving costs.

202. Where inspection of any business book is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original book, order a copy of any entries. therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations, or alterations Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made.

203. Where, on an application for an order for inspec- tion, privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege.

Discovery and Inspection.

204. If the party from whom discovery of any kind or discovery or inspection is sought objects to the same or any part thereof, inspection.

the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the cause or matter, or that for any other reason it is desirable that any issue or ques- tion in dispute in the cause or matter should be determined

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

before deciding on the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection.

205.-(1.) If any party fails to comply with any order Non-com- to answer interrogatories or for discovery or inspection of documents, he shall be liable to attachment.

(2.) He shall also, if a plaintiff, be liable to have his action dismissed for want of prosecution, and, if a defendant, to have his statement of defence, if any, struck out, and to be placed in the same position as if he had not defended, and the party interrogating or applying may apply to the Court for an order to that effect and an order may be mado accordingly.

pliance with order for dis- covery or in-

spection.

0. 31 r. 21.

citor.

206.-(1.) Service of an order for interrogatories or Service of discovery or inspection made against any party on his order on soli- solicitor shall be sufficient service to found an application or 22. for an attachment for disobedience to the order; but the party against whom the application for an attachment is made may show in answer to the application that he has had no notice or knowledge of the order.

(2.) A solicitor, on whom an order against any party for Ib. r. 23. interrogatories or discovery or inspection is served under this section, who neglects without reasonable excuse to give notice thereof to his client shall be liable to attachment.

207. Any party may, at the trial of a caure, matter, or issue, use in evidence any one or more of the answers or any part of an answer of the opposite party to interroga- tories, without putting in the others or the whole of such answer: Provided that in such case the Judge may look at the whole of the answers, and if he is of opinion that any others of them are so connected with those put in that the last-mentioned answers ought not to be used without them, he may direct them to be put in.

Using answer to interroga-

tories at

trial.

Ib. v. 24.

208. In any action against or by a Bailiff in respect of Discovery any matter connected with the execution of his office, the against Court may, on the application of either party, order that Bailiff. the affidavit to be made in answer either to interrogatories or to an order for discovery shall be made by the officer actually concerned.

Ib. r. 28.

209. The preceding provisions of this Chapter shall Discovery by apply to infant plaintiffs and defendants and to their next or against friends and guardians ad litem.

Admissions, etc.

infant, etc. Ib. x. 29.

210. Any party may give notice, by his pleading or Notice of otherwise in writing, that he admits the truth of the whole admission.

　　　　　　　　　　　　　　　　　　　O. 32 r. 1. or any part of the case of any other party.

Ib. r. 2.

211.-(1.) Any party may call upon any other party to Notice to admit any document, saving all just exceptions; and in admit docu- case of refusal or neglect to admit, after such notice, the ment. costs of proving such document shall be paid by the party so refusing or neglecting, whatever the result of the cause or matter may be, unless at the trial or hearing the Court certifies that the refusal or neglect to admit was reasonable, or unless the Court at any time otherwise orders or di- rects.

(2.) No costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, iu the opinion of the taxing officer, a saving of expense.

212. Any party may, by notice in writing, at any time Notice to ad- not later than seven days before the day on which a cause, mit fact. matter, or issue is to be tried or heard, call on any other Ib. r. 4. party to admit, for the purposes of the cause, matter, or issue only, any specific fact or facts mentioned in such notice; and in case of refusal or neglect to admit the same within four days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so refusing or neglecting, whatever the result of the cause, matter, or issue may be, unless at the trial or hearing the Court certifies that the refusal or neglect to admit was reasonable, or unless the Court at any time otherwise orders or directs: Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular cause, matter, or issue, and not as an admission to be used against the party on any other

201

202

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Evidence of admission. 0.32 r. 7.

Judgment or order upon admissions of fact. Ib. r. 6.

Evidence of service of notice. Ib. r. 8.

Costs of un- necessary notice. Ib. r. 9.

Preparation of issues of fact.

0. 33 r. 1.

Order of disposal of issues.

H. K. Code, s. 40 (3.)

Amendment

of or addition to issues.

Ib. s. 40 (4.)

General

power. to direct inquiries and accounts.

Th. s. 13 (f.)

0. 33 r. 2.

Giving of special

directions as to mode of taking

account. lb. r. 3.

Mode of making up account. Ib. v. 4,

Mode of vouching account.

Ib. r. 4A.

Surcharge. Ib. r. 5.

occasion or in favour of any person other than the party giving the notice: Provided, also, that the Court may at- any time allow any party to amend or withdraw any admission so made, on such terms as may be just.

213. An affidavit of the solicitor or his clerk of the due signature of any admission made in pursuance of any notice to admit documents or facts shall be sufficient evi- dence of such admission, if evidence thereof is required.

214. Any party may, at any stage of a cause or matter, where admissions of fact have been made, either on the pleadings or otherwise, apply to the Court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the Court may, on such applica- tion, give such judgment or make such order as the Court may think just.

215. An affidavit of the solicitor or his clerk of the service of any notice to produce or admit and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice and of the time when it was served.

216. If a notice to produce or admit comprises docu- ments which are not necessary, the costs occasioned thereby shall be borne by the party giving such notice.

CHAPTER VII.

ISSUES, INQUIRIES, AND ACCOUNTS.

Issues.

217. Where in any cause or matter it appears to the Court that the issues of fact in dispute are not sufficiently defined, the parties may be directed to prepare issues, and such issues shall, if the parties differ, be settled by the Court.

218. It shall be in the discretion of the Court to direct which issues shall be first disposed of.

219. At any time before the decision of the cause or matter, the Court may either amend the issues or frame additional issues, on such terms as it may think fit.

Direction for Inquiries or Accounts.

220. The Court may,

at any stage of a cause or matter, direct any necessary inquiries or accounts to be made or taken, notwithstanding that it may ap- pear that there is some special or further relief sought or some special issue to be tried, as to which it may be proper that the cause or matter should proceed in the

usual manner.

221. The Court may, either by the judgment or order directing an account to be taken or by any subsequent order, give special directions with regard to the mode in which the account is to be taken or vouched, and in par- ticular may direct that, in taking the account, the Books of account in which the accounts in question have been kept shall be taken as primâ facie evidence of the truth of the matters therein contained, with liberty to the parties interested to take such objections thereto as they may be advised.

222.-(1.) Where any account is directed to be taken, the accounting party, unless the Court otherwise directs, shall make out his account and verify the same by affidavit.

(2.) The items on each side of the account shall be num- bered consecutively, and the account shall be referred to by the affidavit as an exhibit and be left in the Judge's Cham- bers or with the Registrar or any referee, as the case may be.

223. Upon the taking of any account the Court may direct that the vouchers shall be produced at the office of the solicitor of the accounting party or at any other conve- nient place, and that only such items as shall be contested or surcharged shall be brought before the Judge in Chambers or the Registrar or referee, as the case may be.

224. Any party seeking to charge any accounting party beyond what he has by his account admitted to have received shall give notice thereof to the accounting party,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

stating, so far as he is able, the amount sought to be charged and the particulars thereof in a short and succinct

manner.

Inquiry as

to outstand- ing personal

225. Every judgment or order for a general account of the personal estate of a testator or intestate shall contain a direction for an inquiry what parts, if any, of such per- estare. sonal estate are outstanding or undisposed of, unless the 0.33 r. 6. Court otherwise directs.

226. Where by any judgment or order, whether made Numbering in Court or in Chambers, any accounts are directed to be of accounts

and inqui- taken or inquiries to be made, each such direction shall be

ries. numbered so that, as far as may be, each distinct account Tb. r. 7. and inquiry may be designated by a number.

227. In taking any account directed by any judgment Rule as to just allow- or order, all just allowances shall be made without any direction for that purpose.

ances.

lb. r. 8.

228.-(1.) If it appears to the Court, on the represen- Expediting tation of the Registrar or otherwise, that there is any un- proceedings due delay in the prosecution of any accounts or inquiries, in case of

undue delay. or in any other proceedings under any judgment or order, 1.9. the Court may require the party having the conduct of the proceedings, or any other party, to explain the delay, and may thereupon make such order with regard to expediting the proceedings or the conduct thereof, or the stay thereof, and as to the costs of the proceedings, as the circumstances of the case may require.

(2.) For the purposes aforesaid, any party or the Reg- istrar may be directed to summon the persons whose attendance is required, and to conduct any proceedings and carry out any directions which may be given; and any eosts of the Registrar shall be paid by such parties or out of such funds as the Court may direct.

CHAPTER VIII.

SPECIAL CASE.

229.-(1.) The parties to any cause or matter may con- Statement cur in stating any question of law arising therein in the of special form of a special case for the opinion of the Court.

(2.) The case shall be divided into paragraphs numbered consecutively, and shall state concisely such facts and documents as may be necessary to enable the Court to decide the questions raised thereby.

(3.) On the argument of the case, the Court and the parties shall be at liberty to refer to the whole contents of such documents, and the Court shall be at liberty to draw from the facts and documents stated in the case any inference, whether of fact or of law, which might have been drawn therefrom if proved at a trial or hearing.

case on

question of law, by

concurrence

of parties. 0.34 r. 1.

case on

230. If it appears to the Court that there is in any Statement cause or matter a question of law, which it would be of special convenient to have decided before any evidence is given

question of or any question or issue of fact is tried, or before any law, by reference is made to an arbitrator or otherwise, the Court order of the may make an order accordingly, and may direct such Court. question of law to be raised for the opinion of the Court, either by special case or in such other manner

　　　　　　　　　　　　　as the Court may deem expedient; and all such further pro- ceedings as the decision of such question of law may render unnecessary may thereupon be stayed.

Tb. r. 2.

231. Every special case shall be prepared by the Preparation, plaintiff, and signed by the several parties or their coun- sel or solicitors, and shall be filed in the Registry by the plaintiff.

signing, and filing of

special case. Ib. r. 3.

Leave to special case

232.-(1.) No special case in any cause or matter to which a married woman (not being a party thereto in set down respect of her separate property or of any separate right of action by or against her), infant, or person of unsound mind, not so found by inquisition, is a party shall be set down for argument without the leave of the Court.

(2.) The application for such leave must be supported by sufficient evidence that the statements contained in such special case, so far as the same affect the interest of such married woman, infant, or person of unsound mind, are true.

where person under

disability is party. Ib. r. 4.

203

204

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Entry of special case for argu- ment.

0.34 r. 5. Schedule: Form No. 23.

Agreement of parties

233. Either party may enter a special case for argu- ment by delivering to the Registrar a memorandum of entry, but subject to the provisions of the last preceding section.

234.-(1.) The parties to a special case may, if they think fit, enter into an agreement in writing (which shall not be subject to any stamp duty) that, on the judgment for payment of the Court being given in the affirmative or negative of the questions of law raised by the special case,--

of money,

etc., on

decision of special case. lb. r 6.

H. K. Code, B. 88.

Judgment

and execu-

tion on decl-

sion.

0.34 r. 6.

Power for

persons in

terested in question as

to construc- tion of Act

(a.) a sum of money, fixed by the parties or to be ascertained by the Court or in such manner as the Court may direct, shall be paid by one of the parties to the other of them

; or

(b.) some property, movable or immovable, specified in the agreement, shall be delivered by one of the parties to the other of them; or

(c.) one or more of the parties shall do or perform, cr shall refrain from doing or performing, some Farticular act specified in the agreement,

either with or without costs of the cause or matter or with the costs in the discretion of the Court.

(2.) Where the agreement is for the delivery of some property, movable or immovable, or for the doing or per- forming or the refraining frein doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.

235. Upon the decision of the Court on such questions the judgment of the Court may be entered accordingly, with or without costs, as the case may be, and execution may issue upon such judgment forthwith, unless other- wise agreed or unless stayed on appeal.

of title to any movable or immovable property contracted ment, etc., to

to be sold or otherwise dealt with, or as to the parties to concur in stating

or the form of any deed or instrument for carrying any special case such contract into effect, or as to any other matter falling for opinion within the equitable jurisdiction of the Court or made of the Court, subject to the jurisdiction or authority of the Court by any and proced- ure thereon. statute, not being one of the statutes relating to bankruptcy, 13 & 14 Fict. and including among such persons all lunatics, married women, and infants, to concur in stating such question in the form of a special case for the opinion of the Court, and it shall also be lawful for all trustees, executors, and administrators to coneur in such case.

c. 35 s. 1.

Ib. s. 14.

Ib. s. 15.

Application.

(2.) It shall be lawful for the Court, on the hearing of any such special case, to determine the questions raised therein or any of them, and by a judgment to declare its opinion thereon, aud, so far as the case admits of the same, upon the right involved therein, without proceeding to administer any relief consequent upon such declaration.

(3.) Every such declaration of the Court contained in any such judgment shall have the same force and effect as such declaration would have had, and shall be binding to the same extent as such declaration would have been, if contained in a judgment given in an action between the same parties: Provided that if, on the hearing of any such special case, the Court is of opinion that the ques- tions raised thereby or any of them cannot properly be decided upon such case, the Court may refuse to decide the same.

(4.) Every trustee, executor, administrator, or other person making any payment or doing any act in conform- ity with the declaration contained in any judgment given upon any such special case shall in all respects be as fully and effectually protected and indemnified by such declara- tion as if such payment had been made or act done under or in pursuance of the express order of the Court made in an action between the same parties, save only as to any rights or claims of any person in respect of matters not determined by such declaration.

237. This Chapter shall apply to every special, case of Chapter 8. stated in a cause or matter, or in any proceeding in- 0. 34 r. 7. cidental thereto, whether under this Code or otherwise.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

CHAPTER IX.

ISSUES OF FACT WITHOUT PLEADINGS.

233.-(1.) When the parties to any cause or matter are Trial of ques- agreed as to the questions of fact to be decided between tions of fact them, they may, after writ issued and before judgment, agreed upon by consent and order of the Court, proceed to the trial of between any such questions of fact without formal pleadings.

(2.) Such questions may be stated for trial in an issue, and such issue may be entered for trial and tried in the same manner as any issue joined in an ordinary action, and the proceedings shall be under the control and juris- diction of the Court in the same way as the proceedings in an action.

parties. 0.34 r. 9.

239.-(1.) In any such case the parties may, if they Agreement of think fit, enter into an agreement in writing (which shall parties for not be subject to any stamp duty) that, on the judgment payment of of the Court being given in the affirmative or negative of the questions of fact stated in the issue,-

(a.) a sum of money, fixed by the parties or to be ascertained by the Court or in such mauner as the Court may direct, shall be paid by one of the parties to the other of them; or

(b.) some property, movable or immovable, $pecified in the agreement, shall be delivered by one of the par- ties to the other of them; or

(c.) one or more of the parties shall do or perform, or shall refrain from doing or performing, some particular act specified in the agreement,

either with or without costs of the cause or matter or with the costs in the discretion of the Court.

(2.) Where the agreement is for the delivery of some property, movable or immovable, or for the doing or per- forming or the refraining from doing or performing some particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.

money, etc.. on decision of questions. lb. r. 10. H. K. Code,

s. 88.

sion.

240. Upon the finding of the Court on such questions Judgment the judgment of the Court may be entered accordingly, and execu- with or without costs, as the case may be, and execution tion on deci- may issue upon such judgment forthwith, unless other- 0.34 r. 11. wise agreed, or unless the Court otherwise orders for the purpose of giving either party an opportunity for moving to set aside the finding or for a new trial.

Ib. r. 12.

241. The proceedings upon any such issue may be Record of recorded at the instance of either party, and the judg- proceedings. ment, whether actually recorded or not, shall have the same effect as any other judgment in a contested action.

CHAPTER X.

INTERLOCUTORY PROCEEDings.

Interlocutory Application.

242.-(1.) Interlocutory applications may be made at Modes of

any stage of an action or other proceeding.

(2.) They shall be made either by motion in Court or by summons in Chambers, and shall be entitled in the action or other proceeding.

(3.) Subject to the provisions of this Code and to any general rules or orders of the Court, the Court shall in each case decide whether the application is a proper one to be made by motion in Court or by summons in Chambers, and may, at or before the hearing, if it thinks fit, remove the same into Court or into Chambers, as the case may be.

(4.) In every motion or summons the statute and the particular provisions thereof, if any, under which it is brought shall be stated in the margin.

Motion.

making inter- locutory ap-

plication. II. K. Code,

s. 42.

243. Any party to an action or other proceeding who

Filing of mo- desires to move the Court for an order shall file in the tion-paper. Registry a written motion-paper distinctly stating the terms of the order asked for.

Ib. s. 43 (1.)

Schedule: Form No. 24.

244. The motion may in its terms ask for an order Terms of directing more than one thing to be done, and may also motion. be in an alteruative form, asking that one or another Ib. s. 43 (2.) order be made, so only that the whole order asked for be therein substantially expressed.

205

206

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Amendment of motion- paper.

H. K. Code, s. 43 (3.)

Affidavits in support of motion.

245. If the motion-paper contains any matter by way of argument or other matter except the proper particulars of the motion itself, the Court may direct the motion- paper to be amended, and make no order thereon until it is amended accordingly by the striking out of such argument or other matter.

246.--(1.) There shall be filed with the motion-paper, or as soon thereafter as possible, all affidavits on which the Ib. s. 43 (4.), party moving intends to rely.

(5).

Time of moving in case of

urgency. Ib. s. 43 (6.) Motion to be ex parte or on notice.

Ib. s. 43 (7.)

Proceedings on motion ex parte.

Ib. s. 43 (8.),

(9.)

Power of

(2.) No other evidence shall be used in support of the motion except by leave of the Court.

247. The party filing the motion-paper may move the Court, in a case of urgency, at any time while the Court is sitting and not engaged in hearing any other matter.

248. Subject to any special provisions regulating any particular case, every motion shall be made ex parte in the first instance, unless the Court gives leave to give a notice of motion for a certain day.

249.-(1.) On a motion ex parte the party moving shall apply either for an immediate absolute order of the Court in the terms of the motion-paper on his own showing and evidence, or for an order to the opposite party to appear on a certain day and show cause why order should not be made in the terms of the motion-paper.

(2.) Any party moving the Court ex parte may support his motion by argument addressed to the Court on the facts put in evidence by the affidavits filed in support of the motion; and no party to the action or proceeding, although present in Court, other than the party moving, shall, except by leave of the Court, be entitled to be then

heard.

250. On a motion coming on for hearing, the Court amendment, may allow the motion-paper to be amended and additional evidence to be produced by affidavit, or may direct the Ib. s. 43 (10.) motion to stand over.

etc., at hearing.

Power to

make order different from order

asked for.

251. If at the hearing it appears to the Court, on the evidence adduced in support of the motion, or on any additional evidence which the Court may allow to be adduced in support thereof, that the party moving is Ib. s. 43 (11.) entitled to an order, absolute or to show cause, different from the order asked for, and the party moving is willing to take such different order, the Court may make an order accordingly.

Application 252. Where an order is made on a motion ex parte, to vary or dis-

any party affected by it may, within ten days after charge order

service of it, or within such further time as the Court made on motion ex

may allow, apply to the Court by motion to vary or parte. discharge it; and the Court, on notice to the party who Tb. s. 43 (12.) has obtained the order, may either refuse to vary or discharge it or vary or discharge it with or without. imposing terms as to costs, or security, or other things as may seem just.

Procedure

253. The provisions of the next five succeeding sections where notice shall apply, with the necessary modifications, in every case,

where notice of motion has been served on a party.

of motion

served.

New.

Return-day

of order.

H. K. Code, s. 44 (1.)

Filing of counter affi- davits.

Th. s. 44 (2.)

Non-appear-

served with

Order to show Cause. ·

254. An order to show cause shall specify a day when cause is to be shown, to be called the return-day of the order, which shall ordinarily be not less than four days after service of the order.

255. A person served with an order to show cause may, before the return day, file affidavits contradicting the evidence used in obtaining the order, or setting forth other facts on which he relies to induce the Court to dis- charge the order.

256. On the return-day, if the person served with the ance of person order does not appear, and the Court is not satisfied that service of the order on all proper parties has been duly Ib. s. 14 (3.) effected, the Court may enlarge the time and direct further

service, or make such other order as may seem just.

order.

Appearance

of person served with order.

257. If the person served with the order appears, or the Court is satisfied that service of the order on all proper parties has been duly effected, the Court may proceed with Ib. s. 44 (4.) the hearing of the motion.

→

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

258. On the hearing the Court may either discharge General the order, or make it absolute, or permit further affidavits powers of the to be filed in support of or against it, and may modify the Court on

terms of the order so as to meet the merits of the case.

Summons.

hearing. H. K. Code, s. 44 (5.)

259.-(1.) Any party to an action or other proceeding Filing of ap- who desires to ask the Court in Chambers for an order plication for shall file in the Registry a copy of the summons which it is Ib. s. 45 (1.), desired should be issued for that purpose.

summons.

(2.)

(2.) Such copy shall be signed by the party or by Schedule: or in the name of his solicitor.

Forms Nos. 25 and 26.

260. The Registrar may thereupon issue a summons, Issue of sum- setting forth the nature of the application and ordering mons. the person to whom it is directed to appear at the time and place directed by the Registrar and specified in the

summons.

b. s. 45 (3.)

Proceedings

day of sum-

Ib. s. 45 (4.)

261. On the return-day of the summons, if the per- son to whom the summons is directed appears, or, on return- his absence, on proof of service of the summons on the mons. person to whom it is directed, the Court may, on the application of the person obtaining the summons, con- sider and deal with the application in a summary way, and make such order as may be just.

Evidence in Interlocutory Proceedings.

Schedule: Form No. 27.

262. The evidence at the hearing of any interlocutory Taking of or other application in a cause or matter shall generally be by affidavit.

263. The Court may, on the application of any party, order the attendance before it for cross-examination of any person making an affidavit.

264.-(1.) The Court may, if it thinks it expedient, summon any person to attend to produce any document before it or to be examined vivâ voce by or before it, in like manner as at the trial of an action.

(2.) Such notice as the Court in each case may think reasonable shall be given to the person summoned and to such persons (being parties to the cause or matter or otherwise interested) as the Court may consider entitled to inspect the document to be produced, or to examine the person summoned, or to be present at his examination, as the case may be.

(3.) The evidence of a witness on any such examination, or on any cross-examination under the last preceding section, shall be taken in like manner, as nearly as may be, as at the trial of an action.

Interlocutory Order.

evidence by

affidavit. Ib. s. 46 (1.) Cross-exami- nation of per- son making affidavit, 0. 38 r. 1. Taking of evidence virâ

voce.

H. K. Code,

5. 46.

265. When by any contract a primâ facie case of liability Preservation, is established, and there is alleged as matter of defence a etc., of sub- right to be relieved wholly or partially from such liability, ject-matter of disputed the Court may make an order for the preservation or interim contract. custody of the subject-matter of the litigation, or may 0. 50 r. 1. order that the amount in dispute be brought into Court or otherwise secured.

Ib. r. 2.

266. It shall be lawful for the Court, on the application Sale of of any party to a cause or matter, to make any order for the perishable goods, etc. sale, by any person named in such order and in such man- ner and on such terms as the Court may think desirable, of any goods, wares, or merchandise which may be of a perishable nature or likely to be injured by keeping, or which for any other just and sufficient reason it may be desirable to have sold at once.

Ib. r. 3.

267. It shall be lawful for the Court, on the application Detention, of any party to a cause or matter and on such terms as may preservation, be just, to make any order for the detention, preservation, of property,

　　　　　　　　　　　　　　　　　or inspection or inspection of any property or thing, being the subject of the subject such cause or matter, or as to which any question may of cause or arise therein, and for all or any of the purposes aforesaid matter. to authorize any person to enter upon or into any land or building in the possession of any party to such cause or matter, and for all or any of the purposes aforesaid to authorize any samples to be taken, or any observation to be made or experiment to be tried, which may be neces- sary or expedient for the purpose of obtaining full informa- tion or evidence.

207

208

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Inspection by Judge.

O. 50 r. 4.

Inspection by jury. Ib. r. 5.

Application for order of mandamus,

etc. Ib. r. 6.

Ib. r. 7.

than im- movable pro- perty, sub- ject to lien,

etc. Ib. r. 8.

268. It shall be lawful for any Judge by whom any cause or matter may be tried or heard with or without a jury, or before whom any cause or matter may be brought by way of appeal, to inspect any property or thing con- cerning which any question may arise therein.

269. The provisions of section 267 shall apply to in- spection by a jury, and in such case the Court may make all such orders upon the Registrar or other person as may be necessary to procure the attendance of a special or common jury at such time and place and in such manner as it may think fit.

270.-(1.) An application for an order under section 10 of the Law Amendment Ordinance, 1901, or under section 266 or section 267 of this Code, may be made to the Court by any party. If the application is by the plaintiff for an order under the said section 10, it may be made either ex parte or with notice, and if for an order under the said sections, it may be made after notice to the defendant at any time after the issue of the writ of sum- mons, and if it is by any other party, then on notice to the plaintiff, and at any time after appearance by the party making the application.

(2.) An application for an order under section 265 may be made by the plaintiff at any time after his right thereto appears from the pleadings, or, if there are no pleadings, is made to appear by affidavit or otherwise to the satisfac- tion of the Court.

Order for 271. Where an action is brought to recover, or a defend- recovery of

aut seeks by way of counterclaim to recover, specific specific pro- perty, other property other than immovable property, and the party from whom such recovery is sought does not dispute the title of the party seeking to recover the same, but claims to retain the property by. virtue of a lien or otherwise as security for any sum of money, the Court may, at any time after such last-mentioned claim appears from the pleadings, or, if there are no pleadings, by affidavit or otherwise to the satisfaction of the Court, order that the party claiming to recover the property be at liberty to pay into Court, to abide the event of the action, the amount of money in respect of which the lien or security is claimed, and such further sum, if any, for interest and costs as the Court may direct, and that, on such payment into Court being made, the property claimed be given up to the party claiming it.

Allowance of income of property pendente lite. Ib. r. 9.

estate.

Ib. r. 10.

272. Where any immovable or movable property forms the subject of any proceedings in the Court, and the Court is satisfied that the same will be more than sufficient to answer all the claims thereon which ought to be provided for in such proceedings, the Court may, at any time after the commencement of the proceedings, allow to the parties interested therein, or any one or more of them, the whole or part of the annual income of the immovable property or a part of the movable property, or the whole or part of the income thereof, up to such time as the Court may direct.

Conduct of 273. Where in an action for the administration of the sale of trust estate of a deceased person or the execution of the trusts of a written instrument, a sale is ordered of any property vested in any executor, administrator, or trustee, the conduct of such sale shall be given to such executor, administrator, or trustee, unless the Court otherwise directs.

Date of order

274. Every order, when drawn up, shall be dated the when drawn day of the week, mouth, and year on which it was made, unless the Court otherwise directs, and shall take effect accordingly.

up. 0.52 r. 13.

Operation of notice of

motion, etc., as stay of proceedings. H. K. Code, s. 47 (1.) Application to dismiss

action for

want of pro- secution.

Ib. s. 49.

0. 27 r. 1.

Stay of Proceedings.

275. No notice of motion or summons shall operate as a stay of proceedings, except by direction or order of the Court, and in such case it shall so operate from the time of the service thereof on the opposite party.

Dismissal of Action for Want of Prosecution. 276.-(1.) If the plaintiff-

(a.) being bound to file a statement of claim, does not file and serve the same within the time allowed for that purpose; or

(b.) does not obtain an order for setting down the cause for trial within one month from the time at which he might first apply for such an order,

the defendant may apply by summons for an order to dis- miss the action for want of prosecution.

ม

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 200

(2.) On such application, the Court may, if it thinks fit, make an order dismissing the action, or may make such other order and on such terms as to the Court may seem just.

CHAPTER XI.

PRELIMINARIES OF TRIAL.

Setting down Cause for Trial.

Order for

277. No cause shall be set down for trial without an setting down. order of the Court first obtained on summons.

H. K. Code, 8. 48 (1.)

278. At the expiration of the time allowed for filing Order for a statement of defence, and whether such statement has setting down been filed or not, the Court may, on the application of the on applica plaintiff, order the cause to be set down for trial.

tion of

plaintiff. Ib. s. 48 (2.) Order for setting down on applica-

defendant.

279. An order to set down the cause for trial may be made on the application of the defendant, if it appears to the Court, having regard to the state of the pleadings, that the cause is ready to be tried, and that there has tion of been delay on the part of the plaintiff in obtaining an Ib. 8. 48 (3.) order for setting down the cause, for which the plaintiff has no reasonable excuse, (as the absence or illness of a material witness,) and that the defendant is prejudiced, or may reasonably be expected to be prejudiced, by such delay.

Postponement of Trial.

280.-(1.) The Court may at any time, on a summons General taken out by any party thereto, postpone the trial of power to

postpone cause set down, on being satisfied by evidence upon trial of cause. oath that the postponement will have the effect of better Th. s. 50 (1.) ensuring the trial and determination on the merits of the 0.36 r. 34. questions in issue between the parties.

(2.) The postponement may be for such time and on such terms, if any, as the Court may think fit.

absent

281. Where any such application is made on the Application ground of the absence from the Colony of a witness, for postpone- the Court shall require to be satisfied that his evidence ment for is material and that he is likely to return to the Colony witness. and give evidence within a reasonable time.

H. K. Code, s. 50 (2.)

282. Where any such application is made for the Application purpose of enabling the party applying to obtain the for postpone- evidence of a witness resident out of the jurisdiction, ment for the Court shall require to be satisfied that the evidence evidence of of the witness is material, and that he is permanently of jurisdic- residing out of the jurisdiction, or does not intend to tion. come within the jurisdiction within a reasonable time. Ib. s. 50 (3.)

General Trial List and Trial Paper.

witness out

Keeping of general trial

283. There shall be kept by the Registrar a general list and trial trial list of causes and a trial paper.

284.-(1.) When a cause is set down for trial it shall be placed in the general trial list, and shall be transferred to the trial paper strictly in its order, according as the general trial list becomes exhausted.

paper. Ib. s. 51 (1.) Transfer of

cause from general trial list to trial paper.

(2.) The regular order shall in no case be departed 7b. s. 51 (2,), from without the special direction of the Court.

(3.)

cause.

285. When a cause is about to be transferred from Notice to the general trial list to the trial paper, notice of such parties of transfer shall be served on the parties, and, unless the transfer of Court in any particular case directs otherwise, not less than 1. s. 51 (4.) ten days shall be allowed between the service of such notice and the day of trial.

286. When any cause has been specially directed by the Court to be heard on a particular day. or out of its ordinary turn, the name of the cause shall be placed in the trial paper with the words "by order" subjoined.

Taking cause out of turn. Ib. s. 51 (5.)

Notice of

ment of trial

287. In case of the postponement of the trial of any cause from the day appointed in the trial paper by reason postpone- of the preceding causes in the trial paper not having not necessary been got through, or under an order of the Court made in certain during the sitting on that day, no further notice to either cases. party of the postponement day shall be requisite, unless Ib.s. 51 (6.) otherwise ordered by the Court.

210

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Order as to mode of trial.

H. K. Code,

s. 53 (2), (3.)

Right to trial by jury in action of libel, etc.

0.36 r. 2.

Trial without jury. Ib. r. 3.

Ib. r. 4.

Ib. r. 5.

Order for trial with jury. Ib. r. 6.

Mode of trial

in cases not expressly provided for.

Ib. r. 7.

Provision for different modes of trial for different questions.

Ib. r. 8.

Trial by the Full Court. New.

Modes of Trial.

238-(1.) The summons for setting down the cause for trial shall specify the mode of trial desired by the party making the application.

(2.) On the hearing of the summons the Court shall make such order as to the mode of trial as it may think fit, but subject to the provisions hereafter in this Chapter contained.

289. In any action of libel, slander, false imprisonment, malicious prosecution, seduction, or breach of promise of marriage, the plaintiff or the defendant may, in the summons or on the hearing of the summons, as the case may be, signify his desire to have the issues of fact tried by the Court with a jury, aud thereupon the same shall be so tried.

290.--(1.) Causes or matters which would, previously to the commencement of the Hongkong Code of Civil Pro- cedure, have been heard by the Court in its equitable jurisdiction shall be tried by the Court without a jury, unless the Court otherwise orders.

(2.) The Court may, if it appears desirable, direct a trial without a jury of any question or issue of fact, or partly of fact and partly of law, arising in any cause or matter which, previously to the commencement of the Hongkong Code of Civil Procedure, could, without any consent of parties, have been tried without a jury.

(3.) The Court may direct the trial without a jury of any cause, matter, or issue requiring any prolonged examina- tion of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court, conveniently be made with a jury.

291. In any other cause or matter, on the application of any party thereto for a trial by the Court with a jury of the cause or matter or of any issue of fact, an order shall be made for such trial accordingly.

292. In every cause or matter, unless under the provisions of the last preceding section a trial by the Court with a jury is ordered or under section 289 either party has signi- fied a desire to have a trial by the Court with a jury, the mode of trial shall be by the Court without a jury: Pro- vided that in any such case the Court may at any time order any cause, matter, or issue to be tried by the Court with a jury, or by the Court sitting with assessors, or by a referee with or without assessors.

293. Subject to the provisions of the last five preceding sections, the Court may, in any cause or matter, at any time or from time to time order that different questions of fact arising therein be tried by different modes of trial, or that one or more questions of fact be tried before the others, and may appoint the places for such trials, and in all cases may order that one or more issues of fact be tried before any other or others.

291. In any case where an order might be made or has been made for a trial by the Court with or without a jury, the Chief Justice may order that such trial shall be by thes Full Court with or without a jury, as the case may be.

Saving of 295. All the existing statutes relating to juries shall be existing sta- deemed to continue in full force and effect so far as the tutes relating to juries. same may not be inconsistent with any provision of this

H. K. Code, Code.

s. 53 (7.)

Default of

appearance by both parties.

Ib. s. 61 (1.) Default of

CHAPTER XII.

TRIAL.

Non-Attendance of Parties.

296. When a cause is called on for trial, if neither party appears, the Court may, if it thinks fit, strike the cause out of the trial paper.

297. If the plaintiff does not appear but the defendant appears, the Court, on being satisfied that the plaintiff appearance has received notice of triaf, shall, unless it sees good reason by plaintiff. Ib. s. 61(2.)

to the contrary, strike the cause out of the trial paper, and make such order as to costs in favour of the defendant as may seem just.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

298. If the plaintiff appears but the defendant does Default of not appear, the Court shall, before trying the cause, inquire appearance into the service of the writ of summons, of the statement of by defen- claim, and of notice of trial on the defendant.

dant. H. K. Code, s. 61 (3.)

299. If it is not satisfied as to the service on every Adjourn- party, the Court shall direct such further service to be ment made as it may think fit, and shall adjourn the trial of for further the cause for that purpose.

service. Ib. s. 61 (4.)

Ib. s. 33 (3.) not be entitled to be heard at the trial, without the special leave of the Court, and then only to such extent and in such manner as the Court may permit.

301. If it is satisfied that the defendant has been duly Trial ex served with the writ of summons, the statement of claim, parte.

Ib. s. 61 (5.) and notice of trial, the Court may proceed to try the cause notwithstanding the absence of the defendant, and may, on the evidence adduced by the plaintiff, give such judgment as may

scem just. The Court, however, shall not be bound to do so, but may, if it thinks fit, order the trial to stand over to a further day, on such terms as may seem just, and direct fresh notice to be given to the defendant.

Re-trial of

fendant in

302. In any case where the plaintiff has obtained leave to proceed ex parte for want of appearance to the writ of cause for summons, and in all other cases where the Court tries absent de- a cause aud judgment is given in the absence of and certain cases. against any defendant, the Court may afterwards, if it Ib. s. 61 (6.) thinks fit, on such terms as may seem just, set aside the judgment and re-try the cause, on its being established by evidence upon oath, to the satisfaction of the Court, that the defendant's absence was not wilful, and that he has a defence on the merits.

struck out

303.-(1.) Where a cause has been struck out of the Procedure trial paper by reason of the absence of the plaintiff, the where cause Court may, on the application of the defendant, made for absence within seven days after such striking out, make an order of plaintiff. on the plaintiff to show cause why a day should not be Ib. s. 61 (7.) fixed for the peremptory trial of the cause; and, on the New. return to that order, if no sufficient cause is shown, the Court shall fix a day accordingly, with such notice of trial and on such other terms as may seem just.

(2.) If no such application is made, the cause may be restored, with leave of the Court.

(3.) On such leave being obtained, the cause shall be set down again at the bottom of the general trial list, and be transferred in its regular turu to the trial paper.

304. Where a cause has been once struck out, and has Default of been a second time set down, and has come into the trial appearance

　　　　　　　　　　　　　　　by plaintiff a paper, and on the day fixed for the trial the plaintiff, second time. having received due notice thereof, fails to appear when H. K. Code, the cause is called on, the defendant shall be entitled to s. 61 (8.) judgment dismissing the action, but if he has a counter- 0.36 r. 32. claim, then he may prove such counterclaim so far as the burden of proof lies upon him.

Order of Proceedings at Trial.

305. The order of proceedings at the trial of a cause General shall be as follows:-

order of pro- ceedings at

(1.) the plaintiff shall read the pleadings or state the trial of cause.

substance thereof, as the Court

H. K. Code, direct; may

s. 62 (1.)- (2.) the party upon whom the burden of proof lies shall

(10.) begin; he shall address the Court and open his case; (3.) the party beginning shall then produce his evidence

and examine his witnesses in chief; (4.) when the party beginning has concluded his evidence, he shall ask the other party if he intends to produce evidence (in which term is included evidence by affidavit or taken by commission or on deposition, and documentary evidence not already read or taken as read); if answered in the negative, he shall be entitled to sum up the evidence already given and comment thereon; but if answered in the affirmative, he shall wait for his general reply; (5.) when the party beginning has concluded his case, the other party shall be at liberty to address the Court, and to produce his evidence and examine his

211

212

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Taking of notes of evidence.

H. K. Code, s. 62 (11.), (12.)

Recording of remarks on demeanour of witness. Indian Code, s. 188.

Use of notes of evidence.

New.

Taking of

witnesses in chief, and to sum up the evidence already given and comment thereon;

(6.) if no evidence is produced by the latter party, the party beginning shall have no right to reply, unless he has been prevented from summing up his case by the statement of the other party of his intention to produce evidence ;

(7.) the case on both sides shall then be considered

closed;

(8.) if the party opposed to the party beginning pro- duces evidence, the party beginning shall be at liberty to reply generally on the whole case, or he may pro- duce fresh evidence in reply to the evidence given on the other side, on points material to the determina- tion of the issues, or any of them, but not on col- lateral matters;

(9.) where evidence in reply is tendered and allowed to be given, the party against whom the same has been adduced shall be at liberty to address the Court, and the party beginning shall be entitled to the general reply; and

(10.) each witness after examination-in-chief shall be subject to cross-examination by the other party, and to re-examination by the party calling him, and after re-examination may be questioned by the Court, and shall not be recalled or further questioned except by leave of the Court.

306. The Court shall take a note of the vivâ voce evidence, and shall put down the terms of any particular question or answer, if there appears to be any special reason for doing so.

307. The Court may record on the notes of evidence such remarks as it thinks material respecting the demeanour of any witness while under examination.

308.-(1.) Any party to a cause shall be entitled, on application to the Registrar and on payment of the prescribed fee, to have an office copy of the notes of evidence taken in such cause or of any portion thereof.

(2.) On application by any other person and on reasou- able cause being shown for such application, the Court may order that such person shall, on payment of the pre- scribed fee, have an office copy of the notes of evidence taken in such cause or of any portion thereof: Provided that, on granting any such application, the Court may im- pose such terms as to publication or other use of the said notes as the Court may think proper.

(3.) An office copy of the notes of evidence taken in any cause shall be admissible, saving all just exceptions, in the same or any other cause as evidence that vivâ voce evidence was given before the Court as therein appear- ing.

309.-(1.) Any objection to evidence must be taken at objection to the time when the question objected to is put, or, in case of documentary evidence, when the same is about to be put in, and must be argued and decided at the time.

evidence.

H. K. Code, s. 62 (13.), (14.)

(2.) Where a question put to a witness is objected to, the Court, unless the objection appears to be frivolous, shall take a note of the question and objection, if required by either party, and shall mention on the notes whether the question was allowed to be put or not, and the answer to it, if allowed.

Putting in of 310. Where any evidence is by affidavit, or has been evidence by taken by commission or on deposition, the party adducing affidavit, etc. the same may read and comment on it, either immediately Ib. s. 62 (15.) after his opening or after the virâ você evidence on his

part has been concluded.

Reading of 311. Documentary evidence must be put in and read, documentary or taken as read by conseut. evidence. Ib. s. 62 (16.) Marking and disposal of document put in

312. Every document put in evidence shall be marked by the officer of the Court at the time, and shall be retained by the Court during the trial, and returned to the party who put it in, or from whose custody it came, immediately after the judgment, unless it is impounded 1b. s. 62 (17.) by order of the Court.

evidence.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

313.-(1.) Where the evidence adduced at the trial Amendment varies substantially from the allegations of the respective of pleadings - parties in the pleadings, it shall be in the discretion of to correspond

　　　　　　　　　　　　　　　　　　　　with evi- the Court to allow the pleadings to be amended, so as to dence. make the pleadings correspond with the evidence.

¿.

H. K. Code,

(2.) The Court may allow such amendment on such s.62(18), terms as to adjourment, costs, and other things as may

　　　　　　　　　　　　　　　　　(19.) seem just, so as to avoid surprise and injury to any party.

314. In an action for libel or slander, in which the Evidence in defendant does not by his statement of defence assert the mitigation of truth of the statement complained of, the defendant shall damages in not be entitled on the trial to give evidence in chief, with action for a view to mitigation of damages, as to the circumstances slander, under which the libel or slander was published or as to 0. 36 r. 37. the character of the plaintiff, without the leave of the Court, uuless he has, seven days at least before the trial, furnished particulars to the plaintiff of the matters as to which he intends to give evidence.

Incidental Powers of the Court.

libel or

direct

315.-(1.) The Court may at the trial, without the Power of the consent of parties, direct a nonsnit or judgment for the Court to plaintiff or defendant to be entered, or it may reserve any point of law, or direct judgment to be entered subject to a special case to be stated for the opinion of the Court.

(2.) Every such point of law so reserved and every such special case shall be heard before the Full Court.

(3.) The Court may order any such point of law so re- served to be set down for argument without any previous application.

(4.) The provisions of Chapter 8 shall, with the neces- sary modifications, apply to every such special case.

Withdrawal from and Settlement of Action.

nonsuit, etc. H. K. Code, 5. 65 (1)-(4.)

316.-(1.) If the plaintiff, at any time before final Withdrawal judgment, satisfies the Court that there are sufficient of plaintiff grounds for permitting him to withdraw from the action, from action. with liberty to bring a fresh action for the same cause of 1b. s. 66 (1). action, it shall be competent to the Court to grant such permission, on such terms as to costs or otherwise as may seem just.

(2.) In any such fresh action the plaintiff shall be bound by the rules for the limitation of actions in the same manner as if the first action had not been brought.

(3.) If the plaintiff withdraws from the action without such permission, he shall be precluded from bringing a fresh action for the same cause of action.

etc.

317.-(1.) If an action is settled by mutual agreement Settlement or compromise, or if the defendant satisfies the plaintiff of action by in respect of the subject-matter of the action, the

mutual agree- ment, compromise, or satisfaction shall be recorded, and agreement, the action shall be disposed of in accordance therewith. Ib. s. 66 (2.),

(2.) Notice of such agreement, compromise, or satisfac- (3.) tion shall be given by the plaintiff, or, if a solicitor is employed, by his solicitor, to the Registrar, together with such particulars as may be required of him, within one week after the same has been made, and, in default thereof, the plaintiff or his solicitor, as the case may be, shall be deemed guilty of a contempt of Court, and shall be liable to be proceeded against and punished accordingly.

CHAPTER XIII.

EVIDENCE.

Evidence in General.

318. The existing rules of evidence shall continue in full force and effect so far as they are not modified by any provisions of this Code.

Evidence de bene esse.

Continuance

rules of evi of existing

dence, except as modified. Ib. s. 54.

esse.

319.-(1.) Where the circumstances of the case appear Taking and to the Court so to require, the Court may take the evi- use of evi- dence of any witness or person at any time in the course of dence de beno the proceedings in any cause before the trial of the cause, 16. s. 57 (1.), or may order that such evidence shall be taken by the (2.) Registrar or by any other person, and at any place.

(2.) The evidence shall be taken, as nearly as may be, in the same way as evidence at the trial of an action, and then the note of the evidence shall be read over to the

(). 37 r. 5.

213

214

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Letter of re- quest.

U. 37 r. 6 A.

Taking and use of evi- dence before action brought H. K. Code, 8. 57 (3.)

Order for attendance of person to produce do. cument.

0.37 r. 7.

Disobedienco of order for attendance. 1b. r. 8.

Copy of pleadings for examiner. Zb. r. 10.

Custody of deposition taken on examination. Ord. No. of 1855 s. 34.

Report of examiner on examination, and procecd- ings thereon. Ib.. 40.

0.37 r. 17.

Use of depo- sition taken on examina- tion.

lb. r. 18.

Rules as to form and substance of affidavit.

H. K. Code, 8. 56 (1.)-(4.) 0.38 rr. 7, 8.

witness and tendered to him for signature; and if he refuses to sign it, the Court, or the Registrar, or such other person, as the case may be, shall add a note of his refusal, and the evidence may be used as if he had signed it.

320. If in any case the Court so orders, there shall be issued a request to examine witnesses in lieu of a com- mission as provided for by any Ordinance for the time being in force relating to evidence.

321. Evidence may be taken in like manner, on the application of any person before action brought, where it is shown upon oath, to the satisfaction of the Court, that the person applying has good reason to apprehend that an action will be brought against him in the Court, and that some person, within the jurisdiction at the time of the application, can give material evidence respecting the subject of the apprehended action, but is about to leave the jurisdiction, or that from some other cause the person applying will lose the benefit of his evidence if it is not at once taken: Provided that the Court may, on granting such application, impose any terms or conditions with respect to the examination of any such witness and the admission of his evidence as to the Court may seem reasonable.

322. The Court may in any cause, at any stage of the proceedings, order the attendance of any person for the purpose of producing any document named in the order which the Court may think fit to be produced: Provided that no person shall be compelled to produce under any such order any document which he could not be compelled to produce at the trial.

323. Every person who wilfully disobeys any order requiring his attendance for the purpose of being examined or producing any document shall be deemed guilty of contempt - of Court, and shall be liable to be proceeded against and punished accordingly.

324. Where any person is ordered to be examined be- fore any officer of the Court or before any person appointed for the purpose, the person taking the examination shall be furnished by the party on whose application the order was made with a copy of the writ and pleadings, if any, or with a copy of the documents necessary to inform the person taking the examination of the questions at issue between the parties.

325. Where the examination of any witness is taken under the provisions hereinbefore contained, the deposition so taken shall be returned to and kept in the Registry; and office copies of such deposition may be given, out to any person interested who may apply for the same.

326. Where any such examination is taken by the Registrar or by some other person, be may, and, if need be, he shall, make to the Court a special report with regard to such examination and the absence or conduct of any witness or other person thereon or relating thereto; and the Court may direct such proceedings and make such order as upon the report it may think just..

327. Except where by this Code otherwise provided or directed by the Court, no deposition shall be given in evidence at the trial of the cause without the consent of the party against whom the same is offered, unless the Court is satisfied that the deponent-

(1.) is dead ; or

(2.) is beyond the jurisdiction of the Court; or

(3.) is unable from sickness or other infirmity to attend

the trial,

in any of which cases the deposition, certified by the Court or under the land of the person taking the ex- amination, as the case may be, shall be admissible in evidence, saving all just exceptions,, without proof of the signature to such certificate.

Affidavits..

328-(1.) Every affidavit: used in the Court shall be in the English language.

(2) It shall be drawn up in the first person, and shall be divided into paragraphs, numbered consecutively; and cach paragraph shall, as nearly as may be, be confined to a distinct portion of the subject.

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901. 215

(3.) It shall state the description and true place of abode of the deponent.

(4.) It shall contain, and contain only, a statement of facts and circumstances to which the witness swears, either on his own personal knowledge or from informa- tion which he believes to be true.

(5.) Where the belief in the truth of the matter of fact sword to arises from information received from another person, the name of such person shall be stated.

329. Where there are any interlineations, alterations, Re-writing or erasures, so that the affidavit proposed to be sworn of defective is illegible or difficult to read, or is, in the judgment of affidavit.

　　　　　　　　　　　　　　　　　　H. K, Code, the officer before whom it is proposed to be sworn, so

s. 56 (5.) written as to give any facility for being added to or in any way fraudulently altered, the officer may refuse to take the affidavit in its existing form, and may require it to be re-written in a clear, legible, and unobjectionable manner.

0.38 r. 12.

330. No affidavit having in the body or jurat thereof Alteration any interlineation, alteration, or erasure shall, without leave in affidavit. of the Court, be read or made use of in any matter depend- ing in the Court unless the interlineation or alteration (other than by erasure) is authenticated by the initials of the officer taking the affidavit, or, in the case of an erasure, unless the words or figures appearing at the time of taking the affidavit to be written on the erasure are re-written and signed or initialled in the margin of the affidavit by the officer taking it.

381. Any affidavit sworn before any judge, officer, or Swearing of other person in the United Kingdom or in any British affidavit in possession authorized to take affidavits,

or before any dominions,

　　　　　　　　　　　　　　　　　　　　　the Queen's commissioner duly authorized by the Supreme Court to and use take affidavits in the United Kingdom or in any British thereof. possession, may be used in the Court in all cases where H. K. Code, affidavits are admissible.

s. 56 (6.)

of the Queen's dominions,

382. Any affidavit sworn in any foreign parts out of Swearing of Her Majesty's dominions before a judge or magistrate, affidavit out being authenticated by the official seal of the court to which he is attached or of such magistrate, or before a public notary or a British consular officer, may be used and use in the Court in all cases where affidavits are admissible. thereof.

Ib, s. 56 (7.)

porting to

233. The fact that an affidavit purports to have been Presumption sworn in the manner prescribed by one of the last two in favour of preceding sections shall be prima facie evidence of the affidavit pur- seal or signature, as the case may be, of any such court, have been judge, magistrate, commissioner, or other officer or person sworn therein mentioned appended or subscribed to such affidavit, abroad. and of the authority of such court, judge, magistrate, com-

Ib. s. 56 (8.) missioner, or other officer or person to administer oaths.

334. The Court may receive any affidavit sworn for Use of defect. the purpose of being used in any cause, notwith- ive affidavit. standing any defect by misdescription of parties or other- wise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received.

0.38 r. 14:

335: An affidavit shall not be admitted by the Court Exclusion of which is proved to have been sworn before the person on affidavit whose behalf the same is offered, or before his solicitor, party, etc. or before a partner or clerk of his solicitor.

336. A defective or erroneous affidavit may be amended and re-sworn, by leave of the Court, on such terms us to time, costs, or otherwise as may seem reasonable.

334. Before an affidavit is used the original must be filed in the Registry; and the original, or an office copy thereof, sball alone be recognized for any purpose in the Courti

sworn before

H. K. Code, s. 56 (10.) Re-swearing of defective

affidavit. Ib. s. 56 (11.) Filing and use of original affidavit. Ib. s. 56 (12.)

Evidence at Trial.

338. The Court may, in its discretion, permit that Taking of the evidence in any cause, or as to any particulár matter in evidence by a calise, be taken by affidavit, or lat affidavits of any 16, s. 55 (2.)

affidavit.

witnesses be read at the trial: Provided tEat every witness making, an affidavit so received shall Fe liable to cross- examination in open Court, unless the Court directs the- cross-examination to take place in any other manner.

216

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901

lower to admit

affidavit of person not cross-exam- ined.

H. K. Code, s. 55 (3.) Requirement of order of

mission of

39. The Court may, in its discretion, if the interests of justice appear absolutely so to require, admit an affidavit in evidence although it is shown that the party against whom the affidavit is offered in evidence has had or will have no opportunity of cross-examining the person who has made the affidavit.

340. No affidavit of any witness shall be read at the trial under the provisions hereinbefore contained, except Court for ad- in pursuance of an order of the Court obtained on sum- affidavit. mons before trial, unless the Court thinks fit under the 1b. s. 55. (4.) circumstances otherwise to direct, on such terms as may

ɛeem just.

Rules as to

341.--(1.) If a witness is asked any question relating examination to a matter not relevant to the cause, except in so far as it of witnesses. affects the credit of the witness by injuring his character, 1b. s. 55 (7) the Court shall decide whether or not the witness shall be (10.)

compelled to answer it, and may, if it thinks fit, warn the witness that he is not obliged to answer it.

(2.) No such question shall be asked unless the person asking it has reasonable grounds for believing that the imputation which it conveys is well founded.

(3.) The Court may forbid any question or inquiry which it regards as indecent or scandalous, although such question or inquiry may have some bearing on the questions before the Court, unless it relates to facts in. issue or to matters necessary to be known in order to determine whether or not the facts in issue existed.

(4.) The Court shall forbid any question to a witness which appears to it to be intended to insult or annoy, or which, though proper in itself, appears to the Court to be needlessly offensive in form.

Admissi- 342. Where any person who might give evidence in bility in

any cause is dead, or insane, or unavoidably absent at the certain cases time when his evidence might be taken, or,

for

of evidence

of witness given in former judi- cial proceed. ing.

Ib. s. 58.

Use of evi-

dence in sub-

sequent pro- ceedings. 0.37 r. 25.

Application of provisions as to trial, etc., to hear- ing.

New.

Recording of

any reason

considered sufficient by the Court, cannot appear to give evidence in the cause, the Court may, if it thinks fit, receive proof of any evidence given by him in any former judicial proceeding: Provided that the subject-matter of such former. judicial proceeding was substantially the same as that of the existing cause, and that the parties to the existing cause were parties to it or bound by it, and in it had cross- examined or had an opportunity of cross-examining the witness of whese evidence proof is so to be given.

343. All evidence taken at the trial of any cause may Le used in any subsequent proceedings in the same

cause.

344. The provisions of Chapters 12 and 13 shall, with the necessary modifications, apply in respect of any peti- tion or matter and in respect of the hearing thereof.

CHAPTER XIV.

JUDGMENT.

345. When the cause is tried by the Court with a jury, verdict, etc. the verdict shall be recorded and judgment shall be eu- II. K. Code, tered up by the Registrar as the Court may direct.

8. 67 (1.)

Pronounce- ment of judgment. Ib.

Indian Code, s. 199.

Reserved judgment.

II. K. Code, s. 67 (2.)

Notice of judgment.

346.-(1.) When the cause is tried by the Court with- out a jury, the judgment shall be pronounced in open Court, unless the Court otherwise directs, or it may he read by the Registrar, if so ordered.

(2.) A Judge may pronounce a judgment written by his predecessor or colleague but not pronounced.

347. If the judgment of the Court is reserved at the trial, parties to the action shall be summoned to hear judgment, unless the Court at the trial states the day on which judgment will be delivered, in which case no sum- mons to hear judgment shall be issued.

348.-(1.) All parties shall be deemed to have notice of any judgment if the same is pronounced at the trial or 1. s. 67 (3), bearing of the cause or matter.

(4.)

(2.) All parties duly served with notice to attend and hear judgment shall be deemed to have notice of the judg- ment when pronounced.

;

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

349. A minute of every judgment or order, whether Minute of final or interlocutory, shall be made by the Registrar or a judgment or Clerk of the Court, and every such minute shall have the order and

　　　　　　　　　　　　　　　　　　　formal judg same force and effect as a judgment or order of the Court: ment or Provided that the Court may in any cause or matter, on order. the application of any party, order a formal judgment or Ord. No. 8 of order to be drawn up.

1890.

Filing of

judgment. II. K. Code, s. 67 (10.)

350. Whenever the Court delivers a written judgment, written the original or a copy thereof signed by the Judge shall be filed in the action or other proceeding.

Rules as to awarding of

351. When the action is for a sum of money due to the plaintiff, the Court may, in the judgment, order interest, interest in at such rate as the Court may think proper, to be paid on judgment. the principal sum adjudged from the commencement of Ib. s. 67 (6.) the action to the date of the judgment, in addition to any interest adjudged on such principal sum for any period prior to the commencement of the action; and further interest, at such rate as may for the time being be fixed by the Court, shall be recoverable on the aggregate sum so adjudged, from the date of the judgment to the date of payment.

352. In any judgment for the payment of money, the Payment of Court may, for any sufficient reason, order that the amount judgment shall be paid by instalments, with or without interest debt by thereon, and that, in default of payment of any instalment Ib. s. 67 (7.) as and when due, execution may issue for the payment of the balance of the amount then remaining due.

instalments.

353. In any case in which the Court has jurisdiction Power to to entertain an application for an injunction against award

damages in a breach of any covenant, contract, or agreement, or

　　　　　　　　　　　　　　　　　　　　　　　　　addition to against the commission or continuance of any wrongful

　　　　　　　　　　　　　　　　　　　　　　　　　or in substi- act, or for the specific performance of any covenant, con- tution for tract, or agreement, it shall be lawful for the Court, if it injunction, thinks fit, to award damages to the party injured, either etc.

Ord. No. 3 of in addition to or in substitution for such injunction or

　　　　　　　　　　　　　　　　　　　　　　　　　1861 s. 1. specific performance, and such damages may be assessed in such manner as the Court may direct.

damages in certain cases. Ord. No. 6 of

354.-(1.) In any action in which it appears to the Inquiry for Court that the amount of damages sought to be recovered ascertaining by the plaintiff is substantially a matter of calculation, amount of the Court may direct that the amount for which final judg- ment is to be signed shall be ascertained by the Registrar or by such other person as the Court may appoint.

(2.) Under any such direction the attendance of wit- nesses and the production of documents before the Re- gistrar or such other person may be compelled by subpæna.

(3.) It shall be lawful for the Registrar or such other person to adjourn the inquiry from time to time, as occasion may require.

(4.) The Registrar or such other person shall indorse on the rule or order for referring the amount of damages to him the amount found by him, and shall deliver the rule or order, with such indorsement, to the plaintiff; and such and the like proceedings may thereupon be had, as to taxation of costs, signing judgment, and otherwise, as on the finding of a jury.

1855 s. 79.

money to be

355. In any action where the plaintiff recovers a sum Sum of of money, the amount to which he is entitled may be awarded to him by the judgment generally, without any distinction being therein made as to whether such sum is recovered by way of a debt or of damages.

awarded generally. Ib. s. 80.

counterclaim amount, if any, is due to the defendant, and shall be for

　　　　　　　　　　　　　　　　　　　　　　　　　for money. the recovery of any sum which shall appear to be due to either party.

(2.) Similar provisions shall apply in the case of a counterclaim.

(3.) The judgment of the Court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate action against the plaintiff.

H. K. Code, s. 67 (8.).

357. Every judgment made in any cause or matter re Indorsement quiring any person to do an act thereby ordered shall to be made state the time, or the time after service of the judgment, on judgment within which the act is to be done, and on the copy of requiring act

217

218

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

within

to be done the judgment which is served on the person required to obey the same there shall be indorsed a memorandum in limited time. the words or to the effect following, namely,-

0.41 r. 5.

Effect and

enforcement of order of

"If you, the within-named C. D., neglect to obey this judgment by the time therein limited, you will be liable to process of execution for the purpose of compelling you to obey the said judgment."

Order of the Court.

358. Every order of the Court in any cause or matter shall have the same force and effect as a judgment of the Court, and may be enforced by and against all persons affected or bound thereby subject to the same rules and II. K. Code, in the same manner as a judgment to the same effect.

the Court.

0.42 r. 24.

s. 80.

General

Court

as to costs. Ib. s. 94 (1.)

0. 65 r. 1.

CHAPTER XV.

COSTS.

359. The costs of every action and of each particular power of the proceeding therein, and of every proceeding before the Court, including the administration of an estate or trast, shall be in the discretion of the Court; and the Court shall have full power to award and apportion costs in any nanner it may deem proper: Provided that nothing here- in contained shall deprive any executor, administrator, trustee, or mortgagee who has not unreasonably instituted or carried on or resisted any proceedings of any right to costs out of a particular estate or fund to which he would be entitled according to the rules acted upon in the equity jurisdiction of the Court previously to the commencement of the Hongkong Cole of Civil Procedure: Provided, also, that where any action, cause, matter, or issue is tried with a jury, the costs shall follow the event, unless the Court for good cause otherwise orders.

Costs of

360. Where issues in fact and in law are raised upon issues in fact a claim or counterclaim, the costs of the several issues re- spectively, both in fact and in law, shall, unless the Court otherwise orders, follow the event.

and in law.

lb. r. 2.

Definition

of costs.

s. 94 (2.)

361. Under the denomination of costs are included the whole of the expenses reasonably incurred by either H. K. Code, party on account of the action or other proceeding, and in enforcing the judgment or order made therein, such as the expense of summoning the parties and witnesses and of other process, and of procuring copies of documents, fees and costs of counsel and solicitor, fees and costs of special juries, charges of witnesses, and expenses of commissioners, either in taking evidence or in investigating accounts.

Taxation of costs in matters not provided for. Ib. s. 94 (3.)

Giving of security for

costs.

Ib. s. 94 (4.)

0. 65 r. 6 A.

Ib. r. 6.

Ib. v. 7.

Effect of failure of

332.-(1.) So far as the scale of Court fees and fees and costs of counsel and solicitor for the time being in use in the Court may be incomplete, all questions relating to the amount and reasonableness of such fees and costs shall be referred to the Registrar, who is hereby empowered to determine the same on taxation, either with or without reference to the said scale, having regard to the skill, labour, and responsibility involved, subject nevertheless to a review of such determination by way of summary application to the Court in Chambers.

(2.) The payment of the costs allowed on such taxation or review may be enforced in the same manner as if the same had been fixed by any general rule or order of the Court.

363.--(1.) The Court may, if in any case it thinks fit, require any party to an action or other proceeding, either at the commencement or at any time during the

progress thereof, to give security for costs; and, in the case of a plaintiff, may stay proceedings until such security has been given.

(2.) A plaintiff ordinarily resident out of the jurisdiction. may be required to give security for costs, although he may be temporarily resident within the jurisdiction.

(3.) The security shall be of such amount, and be given at such times, and in such manner and form, as the Court may direct.

(4.) Where a bond is to be given as security, it shall, unless the Court otherwise directs, be given to the party or person in whose favour the security is ordered to be given.

364.-(1.) In the event of a plaintiff who has been required to give security for costs not giving it within the

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

time fixed for that purpose, the Court may dismiss the plaintiff to action unless the plaintiff is permitted to withdraw from give security the action or shows good cause why such time should be for costs. extended, in which case the Court may extend it.

Indian Code,

(2.) Where an action is dismissed under this section, the plaintiff may apply to the Court to set the dismissal aside, and if it is proved, to the satisfaction of the Court, that he was prevented by any sufficient cause from giving the security within the time fixed for that purpose, the Court may set aside the dismissal, on such terms as to security, costs, or otherwise as it may think fit.

(3.) The dismissal shall not be set aside unless the plaintiff has served the defendant with notice in writing of his application.

s. 381.

365. The Court may direct that the costs payable to Set-off for one party by another shall be set off against a sum which costs. is admitted or is found in the action or other proceeding Ib. s. 221. to be due from the former to the latter.

366. Unless the Court otherwise orders, interest on costs, Interest on at such rate as may for the time being be fixed by the Court, costs. shall be recoverable as costs from the date of judgment to the date of payment.

367. The Court may in any case direct that costs, with or without interest, shall be paid out of or charged upon the subject-matter of the action or other proceeding.

New.

Payment of costs out of

matter. subject-

Indian Code, s. 222.

Costs pay-

363.-(1.) In every case where costs would be recover- able by or from a private party, they shall be recoverable able by or to by or from the Crown.

(2.) All Crown fees payable under this Code or un- der any Ordinance relating to the Court, and all costs payable by or to the Crown (except in Admiralty cases), shall be paid in current dollars only.

CHAPTER XVI.

EXECUTION.

Investigation as to Property of Judgment Debtor.

the Crown, etc.

Ord. No. 4 of 1857 s. 3. Ord. No. 3 of

1858 s. 16.

be examined

369.-(1.) Where a judgment directing payment of Summons to money remains wholly or in part unsatisfied, (whether a judgment writ of execution has issued or not,) the judgment creditor debtor to may apply to the Court for a summons, requiring the appear and judgment debtor to appear before the Court and be exam- as to his ined respecting his ability to make the payment directed; ability to and the Court shall, unless it sees good reason to the con- pay judg

　　　　　　　　　　　　　　　　　　ment debt, trary, issue such summons.

and proceed-

s. 69.

(2.) On the appearance of the judgment debtor, he may ings thereon. be examined upon oath by or on behalf of the judgment II. K. Code, creditor, and by the Court, with respect to his ability to make the payment directed, and for the discovery of property applicable to such payment, and as to the disposal which he may have made of any property.

(3.) The judgment debtor shall be bound to produce, upon oath or otherwise, as the Court may think fit, all books, papers, and documents in his possession or power relating to property applicable to such payment.

(4.) Whether the judgment debtor so appears or not, the judgment creditor and all other witnesses whom the Court thinks requisite may be examined upon oath or otherwise, as the Court may think fit, respecting the matters aforesaid.

(5.) The Court may, if it thinks fit, adjourn the hearing of the summons from time to time, and require from the judgment debtor such security for his appearance at the adjourned hearing as may seem proper, and, in default of his finding security, may, by warrant, commit him to prison, there to remain until the adjourned hearing, unless sooner discharged.

(6.) The Court may, on such investigation as aforesaid, make any interim order for the protection of any property applicable to the payment directed as it may think ex- pedient.

Modes of enforcing Judgment.

Judgment for immor.

able pro-

perty. H. K. Code,

s. 70 (1.)

370. If the judgment is for immovable property, the party who has obtained the judgment shall be put possession of the property, if necessary, by the Bailiff.

219

220

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY,

Judgment for money. H. K. Code, s. 70 (3.)

Judgment for money against re-

person.

Ib. s. 70 (5.)

pro-

371. If the judgment is for money, it may be enforced by the imprisonment of the party against whom it has been given, or by the attachment and sale of his perty, or by both imprisonment and attachment and sale, if necessary; and if such party is other than a defendant, the judgment may be enforced against him in the same manner as a judgment may be enforced against a defendant.

372. If the judgment is against a party as the represen- tative of a deceased person, and such judgment is for presentative money to be paid out of the property of the deceased of deceased person, it may be executed by the attachment and sale of any such property, or, if no such property can be found and the defendant fails to satisfy the Court that he has duly applied such property of the deceased person as may be proved to have come into his possession, the judgment may be executed against the defendant to the extent of the property not duly applied by him, in the same manner as if the judgment had been against him personally.

Judgment for specific

or act.

373. If the judgment is for any specific movable or for the specific performance of any contract or other movable or for specific

particular act, it may be enforced by the seizure, if performance practicable, of the specific movable and the delivery of contract thereof to the party to whom it has been adjudged, or by imprisonment of the party against whom the judgment Ib. s. 70 (2.) has been given, or by attaching his property and keeping the same under attachment until the further order of the Court, or by both imprisonment and attachment, if necessary; or, if alternative damages have been awarded, by levying such damages in the mode provided for the execution of a judgment for money.

negotiable

instrument refuses or neglects to do so, any party in- instrument. terested in having the same executed or indorsed may Ib. s. 70 (4.) prepare a deed or indorsement of the instrument in accordance with the terms of the judgment and tender the same to the Court for execution, upon the proper stamp, if any, required by law, and the execution or in- dorsement thereof by the Registrar shall have the same effect as the execution or indorsement thereof by the party ordered to execute or indorse.

Case of surety for performance of judgment. Ib. s. 70 (6.)

Order for or against person not party.

0.42 r. 26.

liable to

375. Where a person has become liable as surety for the performance of a judgment or of any part thereof, the judgment may be executed against him to the extent to which he has rendered himself liable, in the same manner as a judgment may be enforced against a judgment debtor.

376. Any person, not being a party to a cause ΟΙ matter, who obtains any order or in whose favour any or- der is made, shall be entitled to enforce obedience to such order by the same process as if he were a party to such cause or matter; and any person, not being a party to a cause or matter, against whom obedience to any judg ment or order may be enforced shall be liable to the same process for enforcing obedience to such judgment or order as if he were a party to such cause or matter.

General Rules relating to Execution.

Description 377. The following property is liable to attachment of property and sale in execution of a judgment, namely, land, houses, attachment goods, money, bank notes, cheques, bills of exchange, and sale in promissory notes, government securities, bonds, or other execution of securities for money, debts, shares in the capital or joint judgment.

stock of any public company or corporation, and all other property whatsoever, whether movable or immovable, be- longing to the judgment debtor, and whether the same is held in his own name or by another person in trust for him or on his behalf.

H. K. Code, s. 70 (7.)

Payment of moneys into Court.

Ib. s. 70 (8.)

Period

within which execution may issue.

0.42 r. 22.

Duration and renewal of writ. Ib. r. 20.

378. All moneys payable under a judgment on which a writ of execution has been issued shall be paid into Court, unless the Court otherwise directs.

379. As between the original parties to a judgment, execution may issue at any time within six years from the recovery of the judginent.

380. A writ of execution if unexecuted shall remain in force for one year only from its issue, unless renewed in the manner hereinafter provided; but such writ may, at any time before its expiration, by leave of the Court,

1901.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 221

be renewed by the party issuing it for one year from the date of such renewal, and so on from time to time during the continuance of the renewed writ, either by being marked by the Registrar with the Seal of the Court and with the date of the day, month, and year of such renewal, or by such party giving a written notice of renewal to the Bailiff, signed by the party or his solicitor, and marked in like manner; and a writ of execution so renewed shall have effect, and be entitled to priority, according to the time of the original issue thereof.

381. The production of a writ of execution, or of the Evidence of notice renewing the same, purporting to be marked as renewal of in the last preceding section mentioned, showing the same to have been renewed, shall be sufficient evidence of its having been so renewed.

332. Upon any judgment for the recovery or pay- ment of a sum of money and costs, there may be, at the election of the party entitled thereto, either one writ or separate writs of execution for the recovery of the sum and for the recovery of the costs, but a second writ shall only be for costs.

writ.

O. 42 r. 21.

Separate writs for

money re- covered and

for costs. b. r. 18.

0.43 r. 7.

for money. II. K. Code,

333. If there are cross-judgments between the same Execution in parties for the payment of money, execution shall be case of cross- taken out by that party only who has obtained a judgment judgments for the larger sum and for so much only as may remain after deducting the smaller sum, and satisfaction for the s. 72 (2). smaller sum shall be entered on the judgment for the larger sum as well as satisfaction on the judgment for the smaller sun, and, if both sums are equal, satisfaction shall be entered on both judgments.

38. In every case of execution the party entitled to execution may levy the costs, fees, and expenses of execu- tion over and above the sum recovered.

Levying ex- penses of

execution. O. 42 r. 15.

335. All questions relating to the amount of any mesne Determina- profits which by the terms of the judgment may have tion of been reserved for adjustment in the execution of the judg- questions

　　　　　　　　　　　　　　　　　　　　　　　as to mesne ment or of any mesne profits or interest which may be

　　　　　　　　　　　　　　　　　　　profits and payable in respect of the subject-matter of the action other mat- between the late of the institution of the action and the ters.

execution of the judgment, as well as all questions relating H. K. Code,

s. 79 (8.) to sums alleged to have been paid in satisfaction of the judgment or the like, and all other questions arising between the parties to the action in which the judgment was given, and relating to the execution of the judgment, shall be determined by order of the Court.

Immediate Execution.

336.--(1.) The Court may, at the time of giving judg- Power to the ment, on the verbal application of the party in whose favour Court to the judgment is given, order immediate execution thereof order without the issue of a writ of execution, except as to so execution. much as relates to the costs, and that the judgment shall 7b. s. 71. be executed as to the costs as soon as the amount thereof

has been ascertained by taxation.

(2.) In any such case the party obtaining the order for immediate execution shall, as soon thereafter as practicable, comply with the requirements of the next succeeding

section.

Application for Execution in Ordinary Cases. 357.--(1.) Subject to the provisions of the last pre- ceding section, when any party who has obtained a judg- ment is desirous of enforcing the same, he shall file in the Court a præcipe for a writ of execution.

(2.) The præcipe shall contain the title of the action, the reference to the record, the date of the judgment and of the order, if any, directing the execution to be issued, and the names of the parties against whom, or of the firm against whose property, the execution is to be issued; and shall be signed by or in the name of the solicitor of the party issuing it, or by the party issuing it, if he does so in person.

338. The Registrar, on receiving any application for execution containing the particulars hereinbefore men- tioned, shall make a note of the application and of the date on which it is made.

339. The Registrar may at any time take the direction of the Court as to any application for execution and in the meanwhile refuse to issue the writ.

immediate

Filing of præcipe for

writ of execution. Ib. s. 72 (1.) O. 42 r. 12.

Schedule: Form No. 28.

Making note of application forexecu-

tion H. K. Code, s. 72 (6.) Taking direc tion of the

Court as to application. İk, s. 72 (7.)

229

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Application

for leave to issue execution

in certain cases, and proceedings thereon.

H. K. Code. s. 73.

0.42 r. 23.

Application for leave to

issue exe- cation by one of several persons en- titled. Indian Code, s. 231.

Staying

ground of new facts.

Application for Leave to issue Execution.

390.--(1.) In the following cases, namely,-

(4.) where six years have elapsed since the judgment, or any change has taken place by death or other- wise in the parties entitled or liable to execution ; (5.) where a husband is entitled or liable to execution

upon a judgment for or against his wife; (.) where a party is entitled to execution upon a

judgment of assets in futuro; and (d.) where a party is entitled to excention against any of the shareholders of a joint stock company. upon a judgment recorded against such company, or against a public officer or other person repre- senting such company,

the party alleging himself to be entitled to execution may apply to the Court for leave to issue execution accordingly.

(2.) The Court shall thereupon issue a notice to the person against whom execution is applied for, requiring him to show cause, within a limited period to be fixed by the Court, why the judgment should not be exccuted against him: Provided that no such notice shall be necessary in consequence of an interval of more than six years having clapsed since the judgment, if the appli- cation is made within one year from the date of the last order obtained on any previous application for exe- cution: Provided, also, that no such notice shall be necessary in consequence of the application being against the legal representative of an original party, if, on a pre- vious application for execution against the same person, the Court has ordered execution to issue against him.

(3.) When such notice is issued, if the person to whom it is issued does not appear, or does not show sufficient cause, to the satisfaction of the Court, why the judgment should not be forthwith executed, the Court may, if it is satisfied that the party applying is entitled to execu- tion, order the judgment to be executed accordingly. If the person to whom the notice is issued appears and offers any objection to the execution of the judgment, the Court shall make such order as in the circumstances of the case may seem just.

391.-(1.) If a judgment has been given jointly in favour of more persons than one, any one or more of such persons, or his or their representatives, may apply to the Court for leave to issue execution on the whole judgment for the benefit of them all, or, where any of them has died, for the benefit of the survivors and of the representative in interest of the deceased person.

(2.) If the Court grants such leave, it shall make such order as it may think fit for protecting the interests of the persons who have not joined in the application,

Stay of Execution.

392. No proceeding by and tâ querelâ shall hereafter be execution on used; but any judgment debtor may apply to the Court for a stay of execution or other relief against such judg- ment, on the ground of facts which have arisen too late to be pleaded; and the Court may give such relief and on such terms as may be just.

O. 42 r. 27.

Staying exe-

393. Whenever an action is pending in the Court cution on against a party who has obtained a previous judgment previous of the Court by the person against whom the judgment judgment where action was given, the Court may, if it appears just and reasonable pending be to do so, stay execution of the judgment, either absolutely tween same or on such terms as may seem just, until judgment has parties.

been given in the pending action.

H. K. Code, s. 72 (3.)

Issue and

Issue of Execution.

394.-(1.) On the application of the person who has date of writ. obtained any judgment, the Registrar shall, subject to the provisions of this Code, issue the proper writ for the exe- cution of the judgment.

Ib. s. 74.

O. 42 r. 14.

Order of issue of writs.

H. K. Code, s. 72 (8.)

(2.) Every writ of execution shall bear date of the day on which it is issued.

395. All writs of execution shall be issued in the order of application for the same, unless the Court other- wise directs.

Excention of Judgment for Immovable Property. 396.-(1.) If, in the execution of a judgment for im- where resist- movable property, the Bailiff is resisted or obstructed by

Procedure

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

•

any person, the person who has obtained the judgment ance is may apply to the Court at any time within one month offered to from the time of such resistance or obstruction.

זן

execution of judgment for

(2.) The Court shall thereupon fix a day for investi immovable gating the complaint, and shall summon the person against property. whom the complaint is made to answer the same.

II. K. Code, s. 75. (1.)-..

(3.) If our the investigation it appears to the Court that (4.) the resistance or obstruction was occasioned by the judg- Schedule: ment debtor or by some person at his instigation, on the Form No. 29. ground that the property is not included in the judgment or on any other ground, the Court shall inquire into the matter of the complaint, and shall make such order as in the circumstances of the case may seem just.

(4.) If on the investigation the Court is satisfied that the resistance or obstruction complained of was without any just cause, and that the person who has obtained the judgment is still resisted or obstructed in obtaining effectual possession of the property adjudged to him by the judgment, by the judgment debtor or by some person at his instigation, the Court may, at the instance of the per-on who has obtained the judgment and without preju- dice to any proceedings to which the judgment debtor or such other person may be liable for such resistance or obstruction, commit the judgment debtor or such other person to prison for such period, not exceeding thirty days, as may be necessary to prevent the continuance of such resistance or obstruction.

(5.) If on the investigation it appears to the Court that the resistance or obstruction complained of was occasioned by any person, other than the judgment debtor, claiming bonâ fide to be in possession of the property on his own account or on account of some person other than the judg- ment debtor, the claim shall be numbered and registered as an action between the person who has obtained the judg ment as plaintiff and the claimant as defendant; and the Court shall, without prejudice to any proceedings to which the claimant may be liable for such resistance or obstruction, proceed to investigate the claim in the same manner and with the like powers as if an action for the property had been brought by the person who has obtained the judgment against the claimant, and shall make such order for staying exccution of the judgment, or for. executing the same, as in the circumstances of the case may seem just.

397.--(1.) If any person other than the judgment debtor Procedure is dispossessed of any immovable property in execution where person of a judgment, and such person disputes the right of the other than

judgment person who has obtained the judgment to dispossess him debtor of such property under the judgment on the ground disputes that the property was bonâ fide in his possession on right to dis- his own account, or on account of some person other possess him than the defendant, and that it is not included in the property judgment, or, if it is included in the judgment, that he under judg was not a party to the action in which the judgment ment. was given, he may apply to the Court within one month 16. s. 75 (5.) from the date of such dispossession.

(2.) If, after such investigation of the facts of the case as it may think proper, it appears to the Court that there is probable cause for making the application, the applica- tion shall be numbered and registered as an action between the applicant as plaintiff and the person who has obtained the judgment as defendant, and the Court shall proceed to investigate the matter in dispute in the same manner and with the like powers as if an action for the property had been brought by the applicant against the person who has obtained the judgment.

of immovable

398. The decision of the Court under the provisions Effect of contained in either of the last two preceding sections decision shall be given in a summary manner and shall be of the under ss. 396, 397. same force and effect as a judgment in an ordinary action; Ib.'s. 75 (6.) and no fresh action shall be entertained between the same parties or persons claiming under them in respect of the same cause of action.

Execution of Judgment for Money by Attachment of Property other than Debts.

Levy of exe. cution on

judgment

for money.

399. If the judgment is for money, and the amount thereof is to be levied from the property of the judgment 16. s. 76 (1.) debtor, the Court shall cause the property to be attached Schedule: in the manner hereinafter prescribed.

Form No. 30,

223

224

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Attachment of movable. property.

II. K. Code, s. 76 (2), (3.) Schedule:

Form No. 31.

Attachment

of immov. able pro- perty.

400.-(1.) Where the property consists of movable. property in the possession of the judgment debtor, the attachment shall be made by actual seizure, and the Bailiff shall keep the same in his custody, and shall be respon- sible for the due custody thereof.

(2.) Where the property consists of movable property to which the judgment debtor is entitled subject to a lien or right of some other person to the immediate possession thereof, the attachment shall be made by a written order prohibiting the person in possession from giving over the property to the judgment debtor or to any other person.

401. Where the property consists of immovable pro- perty or any interest therein, either at law or in equity, the attachment shall be made by a written order Ib. s. 76 (4.) prohibiting the judgment debtor from alienating the pro- porty by sale, gift, or in any other way, and all other Form No. 32. persons from receiving the same by purchase, gift, or

in any other way.

Schedule:

Attachment of shares in public com- pany.

Ib. 8. 76 (5.)

Attac

402. Where the property consists of shares in any public company or corporation, the attachment shall be male by a written order prohibiting the person in whose name the shares are standing from making any transfer of the shares or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company or corporation from per- mitting any such transfer or making any such payment, until the further order of the Court.

403. Where the property consists of a negotiable in- of negotiable strument, the attachment shall be made by actual seizure, instrument.

and the Bailiff shall bring the same into Court, and such instrument shall be held subject to the further order of the Court.

Ib. s. 76 (7.)

Attachment 404. Property in the custody or under the control of of property any public officer in his official capacity shall be liable to in custody of

attachment with the consent in writing of the Attorney public officer.

General, and in such case the order of attachment shall be served on such public officer.

Ib. s. 76 (6.)

Attachment.

of property

in custodia legis. Ib.

Service of prohibitory order.

1b. s. 76 (8.)

405. Property in custodiâ legis shall be liable to at- tachment by leave of the Court, and in such case the order of attachment shall be served on the Registrar.

406.-(1.) In the case of movable property not in the possession of the judgment debtor, an office copy of the prohibitory order shall be delivered to or served on the person in possession of the property.

(2.) In the case of immovable property or any interest therein, an office copy of the prohibitory order shall be delivered to or served on the defendant, and, if such pro- perty or interest is registered in the Land Office, shall be registered in the Land Office under Ordinance No. 3 of 1844, enfitled "An Ordinance to provide for the Registra- tion of Deeds, Wills, Judgments, and Conveyances affect- ing Real or Immovable Property in Hongkong."

(3.) In the case of shares in any publie company or corporation, an office copy of the prohibitory order shall be delivered to or served on the manager, secretary, or other proper officer of the company or corporation.

Nullity of 407. After an attachment has been made by actual alienation,

seizure or by prohibitory order as aforesaid, and, in the etc., of pro- perty after

case of an attachment by prohibitory order, after it has attachment. been duly intimated and made known in manner aforesaid, Ib. s. 76 (9.) any alienation without leave of the Court of the property attached, whether by sale, gift, or in any other way and any transfer or payment of the shares or dividends to the judgment debtor or any other person, during the con- tinmance of the attachment, shall be null and void.

Payment of money or proceeds of property at- tached to judgment creditor.

403. In any case of attachment of property other than debts the Court may, at any time during the attachment, diret that any part of the property so attached which consists of money or bank notes, or a sufficient part thereof, shall be paid over to the party applying for execution of the jugment, and that any part of the property so Ib. s. 76 (11.)

attached which does not consist of money or bank notes shall, so far as may be necessary for the satisfaction of the judgment, be sold, and that the money which may be realized by such sale, or a sufficient part thereof, shall be paid to such party.

Appointment 409.-(1.) Where the property attached consists of of manager immovable property, the Court may appoint a manager of

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

attached.

such property, with power to collect the rents or other of immovable profits and receipts of such property, and to execute such property deeds or other instruments in wriing as may be

　　　　　　　　necessary H. K Code, for the purpose, and to pay and apply such rents, profits, s. 76 (12.) and receipts towards the payment of the amount of the judgment and costs.

(2.) In any case in which a manager is appointed under this section, such manager shall be bound to render from time to time due and proper accounts of his receipts and disbursements, as the Court may direct.

mortgage,

410.-(1.) Where the property attachel consists of Faising of immovable property, if the judgment debtor satisfies the judginent Court that there is reasonable ground 10 believe that the debt by amount of the judgment may be raised by the mortgage etc., of im- of the property, or by letting it on lease, or by disposing movable by private sale of a portion of it or of any other property property belonging to the judgment debtor, the Court may, on the attached. application of the judgment debtor, postpone the sale of 1.76 (12.),

(3). the property for such period as it may think fit, in order to enable the judgment debtor to raise the amount.

(2.) If the judgment debtor is absent from the Colony, and it appears, to the satisfaction of the Court, that the sale of any of his property which has been attachel, consisting of immovable property or any interest therein, is objectionable, and that satisfaction of the judgment. may be made within a reasonable period by a temporary alienation of such property, the Court may, of its own motion, instead of proceeding to a sale of such pro- perty, order that provision be made for the satisfaction of the judgment by mortgage of such property, and may authorize the Registrar, if necessary. to excente the mortgage deed in lien of the judgment debtor and any other necessary parties, and may make such orders in relation to such mortgage as may be requisite to carry out this provision; and the execution of such mortgage deed by the Registrar shall have the same effect as the execution thereof by the judgment debtor and any other necessary parties.

411. If in any case the amount of the judgment, with Withdrawal all costs, charges, and expenses incurred by the attach- of attach- ment, is paid into Court, or if satisfaction of the judgment on sa-

　　　　　　　　　　　　　　　　　　　tisfaction of ment is otherwise made, the attachment shall be with- drawn ;" and such steps shall be take as máy be necessary 70.8. 76 (14.)

judgment. for staying further proceedings in execution of the judg-

ment.

Execution of Judgment for Money by Attachment of Debts.

of dubis due to judgment debtor.

0. 45 r. 1. chedule : Forms Nos.

412.-(1.) The Court may, on the ex parte application Order for of any person who has obtained a judgment for money, attachment either before or after any oral examination of the judgment debtor, and upon an affidavit by himself or his solicitor stating that judgment has been recoverel, and that it is still unsatisfied, and to what amount, and that any other person is indebted to the julgment debtor and is within the jurisdiction, order that all debts due or accruing from such third person (hereafter in this Chapter called the garnishee) to the judgment debtor shall be attached to answer the judgment.

(2.) By a subsequent order it may be ordered that the garnishee shall appear before the Court to show cause why he should not pay to the person who has obtained the judgment the debt due or accruing from him to the judg- ment debtor, or so much thereof as may be sufficient to satisfy the judgment.

413. Service of an order that debts due or accruing to sa judgment debtor shall be attached, or notice thereof to the garnishee, in such manner as the Court may direct, shall bind such debts in the hands of the garnishee.

41.--(1.) On sach service or notice, the garnishee may forthwith pay into Court the amount due from him to the judgment debtor or an amount equal to the judgment.

(2.) On such payment being made, the Court

may make such order as it may think proper for the disposal of the amount paid into Court.

33 and 34.

Effect of ser- vice of order

of attach- ment. Ib. r. 2.

Payment into Court by garnishee. H. K. Code, s. 76 (10.)

415. If the garnishee does not forthwith pay into Issie of Court the amount due from him t› the judgment-debtor, execution for an amount equal to the judgment, and does not dispute against

the debt due or claimed to be due from him to such garnishee. debtor, por if he does not appear upon summons, the Court Schedule: amay order execution to issue, and it may issue accordingly, Form No. 35.

0.45 r. 3.

225

226

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Trial of

question of liability of garnishee. 0. 45 r. 4.

Claim or lien of third

on debt, aud

without any previous writ or process, to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment.

416. If the garnishee disputes his liability, the Court, instead of making an order that execution shall issue, may order that any issue or question necessary for de- termining his liability shall be tried or determined in any manner in which any issue or question in an action may be tried or determined.

417.--(1.) Where in any proceeding to obtain an at- tachment of a debt it is suggested by the garnishee that person to or the debt sought to be attached belongs to some third proceedings person, or that some third person has a lien or charge upon it, the Court may order such third person to appear and state the nature and particulars of his claim upon such debt.

thereon. Ib. rr. 5, 6.

Effect of

pay-

(2.) After hearing the allegations of any third person under such order, and of any other person whom, by the same or any subsequent order, the Court may order to appear, or in case of such third person not appearing when ordered, the Court may order execution to issue to levy the amount due from the garnishee or so much thereof as may be sufficient to satisfy the judgment, or any issue or question to be tried or determined according to the last preceding section, and may bar the claim of such third person, or make such other order as the Court may think fit, on such terms, in all cases, with respect to the lien or charge, if any, of such third person, and to costs, as the Court may think just.

418. Payment made by or execution levied upon the ment by or garnishee under any such proceeding as aforesaid shall execution on be a valid discharge to him as against the judgment garnishee.

debtor as to the amount paid or levied, although such Ib. r. 7.

proceeding may be set aside or the judgment reversed. Payment of proceeds of debts at-

tached to judgment creditor.

419. In any case of attachment of debts the Court may direct that the debts so attached shall, so far as may be necessary to satisfy the judgment, be sold, and that the moucy which may be realized by such sale, or a sufficient part thereof, shall be paid to the judgment creditor. Appointment 420.--(1.) In any case of attachment of debts the of manager Court may appoint a manager of such debts, with power to sue for such debts and to execute such deeds or other

II. K. Code, s. 76 (11.)

of debts at- tached.

Ib. s. 76 (12.)

0.45 r. 8.

instruments in writing as may be necessary for the purpose, and to pay and apply the proceeds of such debts towards the payment of the amount of the judgment and costs.

421. There shall be kept by the Registrar a Debt Keeping of Deli Aftach- Attachment Book, and in such book entries shall be ment Book. made of the attachment and proceedings thereon, with names, dates, and statements of the amount recovered, and otherwise; and copies of any entries inade therein may be taken by any person on application to the Re- gistrar and on payment of the prescribed fee.

Costs of pro-

422. The costs of any application for an attachment ceedings for of debts, and of any proceedings arising from or inci- attachment. dental to such application, shall be in the discretion of

the Court.

Ib. r. 9.

Investiga-

and order

Claim to Attached Property.

423.-(1.) In the event of any claim being preferred tion of claim to, or objection offered against the sale of, any movable to attached or immovable property which has been attached in exc- property,

cution of a judgment or under any order for attachment made before judgment, as not liable to be sold in execution H. K. Code, of the judgment, the Court shall, subject to the proviso hereinafter contained, proceed to investigate the same with the like powers as if the claimant had been originally made a defendant to the action.

thereon.

s. 77.

(2.) If on the investigation it appears to the Court that the property was not in the possession of the judgment debtor or of some person in trust for him, or in the occupancy of some person paying rent to him, at the time when the property was attached, or that, being in the possession of the judgment debtor at such time, it was so in his possession not on his own account or as his

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 227

own property, but on account of or in trust for some other person, the Court shall make an order for releasing the property from attachment.

occupancy of some person paying rent to him, at the time when the property was attached, the Court shall disallow the claim. The party against whom such order of disallowance is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.

(4.) Any such claim or objection shall be made at the earliest opportunity, by notice in writing filed in the Registry and supported by affidavit; and if the property to which the claim or objection applies has been advertised for sale, the sale may (if it appears necessary) be postponed for the purpose of making the investigation: Provided that no such investigation shall be made if it appears that the making of the claim or objection was designedly and un- necessarily delayed, with a view to obstruct the ends of justice, and in such case the claimant shall be left to prosecute his claim, if he thinks fit, by an action in the ordinary way.

424. Where movable property has been taken in exc- Power to cution under the process of the Court, and any claimant order sale of alleges that he is entitled, under a bill of sale or otherwise, movable pro- to the property by way of security for debt, the Court may order the sale of the whole or a part thereof, and direct the application of the proceeds of the sale in such manner and upon such terms as may be just.

perty taken in execution and claimed by third

party. 0.57 r. 12.

Bailiff of

425.-(1.) Wherea claim is made to or in respect of any Giving of movable property taken in execution under the process of notice by the Court it shall be in writing, and upon the receipt of the claim the Bailiff shall forthwith give notice thereof to the execution creditor, and the execution creditor shall, within four days after receiving the notice, give notice to the Bailiff that he admits or disputes the claim.

(2.) If the execution creditor admits the claim, and gives notice as directed by this section, he shall only be liable to the Bailiff for any fees and expenses incurred prior to the receipt of the notice admitting the claim.

claim to movable pro-

perty taken in execution.

Ib. r. 16.

admission of

426. When the execution creditor has given notice to Withdrawal the Bailiff that he admits the claim, the Bailiff may by Bailiff on thereupon withdraw from possession of the property claimed, and may apply for an order protecting him 16. r. 16A. from any action in respect of the seizure and possession of the property, and the Court may make any such order as may be just and reasonable in respect of the same : Provided that the claimant shall receive notice of such in- tended application, and if he desires it, may attend the hearing of the same, and if he attends, the Court may, in and for the purposes of such application, make all such orders as to costs as may be just and reasonable.

Sale of Property in Execution of Judgment.

427. Every sale in execution of a judgment shall be made under the direction of the Registrar, and shall be conducted according to such orders, if any, as the Court may make on the application of any party con- cerned, and shall be made by public auction: Provided that the Court may in any case authorize the sale to be made in such other manner as it may deem advisable.

Conduct and mode of sale

in execution H. K. Code, s. 78 (1.)

immovable property for

428. At any time within ten days from the date of Application sale of any immovable property in execution of a judgment, to set aside application may be made to the Court to set aside the sale of sale on the ground of any material irregularity in the conduct of the sale, but no such sale shall be set aside irregularity. on the ground of such irregularity unless the applicant H. K. Code, proves, to the satisfaction of the Court, that he has sus- s. 78 (2.) . tained substantial injury by reason of such irregularity.

Sale of immovable

429.-(1.) If no such application is made, the sale property

shall be deemed absolute.

made

(2.) If such application is made and the objection is absolute, disallowed, the Court shall make an order confirming the sale.

confirmed, or set aside. Ib.s. 78 (3.)

-228

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Repayment of deposit,

etc.. when sale of immovable

property is

set aside. 11. K. Code, s. 78 (4.)

(3.) If such application is made and the objection is allowed, the Court shall make an order setting aside the sale for irregularity.

430. Whenever a sale of immovable property is set aside for irregularity, the purchaser shall be entitled to receive back any money deposited or paid by him on account of such sale, with or without interest, to be paid by such parties and in such manner as it may appear proper to the Court to direct.

431.-(1.) After a sale of immovable property has Granting of become absolute in manuer aforesaid, the Court shall certifie te to graut a certificate to the person who has been declared purchaser the purchaser at such sale to the effect that he has pur- chase the right, title, and interest of the judgment debtor in the property sold.

when sale of immovab'e

roperty

becomes

absolute,

and effect thereof.

(2.) Such certificate shall be liable to the same stamp duty as an assignment of the same property, and when duly stamped as aforesaid shall be taken and deemed to Il, s. 78 (5.) be a valid transfer of such right, title, and interest, and may be registerel in the Land Office under Ordinance No. 3 of 1814, entitled "An Ordinance to provide for the Registration of Deeds, Wills, Judgments, aud Conveyances affecting Real or Immovable Property in Hongkong."

immovable

Ib. s. 7S (8.), (9.)

Delivery to 432.-(1.) Where the property sold consists of immov- purchaser of able property in the occupancy of the judgment debtor, or of some person on his behalf, or of some person claim- Property sold. in execution, ing mader, a title created by the julgment debtor sub- sequently to the attachment of the property, the Court shall, on the application of the purchaser, order delivery of the property to be made by putting the party to whom the property has been sold, or any person whom he may appoint to receive delivery on his behalf, in possession thereof, and, if necessary, by removing any person who may refuse to vacate the same.

Procedure

ance is

(2.) Where the property sold consists of immovable property in the occupancy of any other person entitled to occupy the same, the Court shall, on the application of the purchaser, order delivery thereof to be made by affixing a copy of the certificate of sale in some conspicuous placo on the property or at the Court House.

433.--(1) If the purchaser of any immovable property where resist- sold in execution of a judgment is, notwithstanding the crder of the Court, resisted or obstructed in obtaining offered to possession of the property, the provisions of this Chapter of immovable relating to resistance or obstruction to the execution of property sold a judgment for immovable property shall be applicablo in execution. in the case of such resistance or obstruction. Ib. s. 78 (13.)

purchaser

(it.)

Delivery to purchaser of

mo able

(2.) If it appears that the resistance or obstruction to the delivery of possession was occasioned by any person other than the judgment debtor claiming a right to the possession of the property sold as proprietor, mortgagee, lessee, or under any other title, or if, in the delivery of possession to the purchaser, any such person claiming as aforesaid is dispossessed, the Court, on the complaint of the purchaser er of such person claiming as aforesaid, if made within one month from the date of such resistance or obstruction or of such dispossession, as the case may be, shall inquire into the matter of the complaint and make such order as may be proper in the circumstances of the case.

(3.) The person against whom any such order is made shall be at liberty to bring an action to establish his right at any time within three months from the date of the order.

434.- (1.) Where the property sold consists of mov- able property in the possession of the judgment debtor, or to the immediate possession of which the judgment debtor is entitled, and of which actual seizure has been 1. s. 78 (6.), made, the property shall be delivered to the purchaser. (7.)

property sold in excution.

(2.) Where the property sold consists of movable pro- perty to which the judgment debtor is entitled subject to a lien or right of ry person to the immediate possession thereof, the delivery to the purchaser shall, as far as practic ble, Le made by the Bailiff giving notice to the person in passession prohibiting him from delivering possession of the property to any person except the pur- chaser.

;

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

shares sold

435. Where the property sold consists of debts, not Prohibitory being negotiable instruments, or of shares in any public order in case company or corporation, the Court shall, on the applica- of debts and tion of the purchaser, make an order prohibiting the in execution. judgment debtor from receiving the debts and his debtor from II. K. Code, making payment thereof to any person except the pur- s. 78 (10.) chaser, or probibiting the person in whose

　　　　　　　　　　　name the shares are standing from making any transfer of the shares to any person except the purchaser, or receiving payment of any dividends thereon, and the manager, secretary, or other proper officer of the company corporation from permitting any such transfer or making any such payment to any person except the purchaser.

ΟΙ

436. Where the property sold consists of a negotiable Delivery of instrument of which actual seizure has been made, the negotiable same shall be delivered to the purchaser.

any

instrument sold in exc- cution. Ib. s. 78 (11.)

transfer of share, etc.

437.-(1.) If the execution of a transfer by any person in whose name any share in a public company or corpora- tion is standing, or the indorsement by any person of Execution of negotiable instrument, or the execution by any person of any deed or other instrument relating to immovable pro- 7. s. 78 (12.) perty or any interest therein, is lawfully required to give effect to any sale in execution of a judgment, the Registrar, with the sanction of the Court, may-

(4.) execute such transfer; or

(b.) indorse such negotiable instrumeut ; or (c.) execute such deed or other instrument.

(2.) The execution of such transfer, the indorsement of such negotiable instrument, and the execution of such deed or other instrument by the Registrar shall have the same effect as the excention and the indorsement by the person whose execution or indorsement is so as aforesaid required.

(3.) Until the execution of such transfer or the indorse- ment of such negotiable instrument, the Court may, by order, appoint some person to receive any dividend or interest due in respect of any such share or negotiable instrument.

Execution of Judgment for Money by Imprisonment.

ment for

438. No person shall be imprisoned in execution of Duration of a judgment for a longer period than one year, or for a imprison- longer period than six months if the judgment is for the debt. payment of money not exceeding five hundred dollars, or 77, s. 79 (3.) for a longer period than three months if the judgment - is for the payment of money not exceeding one hundred dollars.

debt.

439. When a judgment debtor is committed to prison Subsistence in execution of the judgment, the Court shall fix whatever allowance to monthly allowance it may think sufficient for his sub- prisoner for sistence, not exceeding twenty-five cents per diem, which 76, s. 79 (1.) shall be paid by the person at whose instance the judg- ment has been executed to the Superintendent of the Gaol by monthly payments in advance, before the first day of each month, the first payment to be made for such portion of the current month as may remain unexpired before the judgment debtor is committed to prison.

440.-(1.) In case of the serious illness of any person Removal to imprisoned in execution of a judgment, it shall be lawful hospital of for the Court, on the certificate of the surgeon of the gaol debt in case prisoner for in which he is confined or of the chief medical officer of the of serious Government, to make an order for the removal of the judg- illness. ment debtor to the Government Civil Hospital, and for Zh. s. 79 (2.) his treatment there under custody until further order.

(2.) In any such case the period of the judgment debtor's stay in hospital shall be counted as part of his term of imprisonment, and his subsistence money shall be paid as if no such order had been made.

441. Every person imprisoned in execution of a judg- Release of ment shall be released at any time on the judgment being prisoner for fully satisfied, or at the request of the person at whose debt.

　　　　　　　　　　　　　　　　Ib. s. 79 (3.) instance the judgment has been executed, or on such person omitting to pay his subsistence money.

subsistence

442. All sums paid by a plaintiff for the subsistence Recovery of of a person imprisoned in execution of a judgment shall amount of be added to the costs of the judgment and shall be recover- able by the attachment and sale of the property of the 13, 379 (4) judgment debtor; but the judgment debtor shall not l

monev.

229

230

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

detained in custody or arrested on account of any sum so paid.

Application 443.-(1.) Any person imprisoned in execution of a of prisoner judgment may at any time apply to the Court for his for debt for discharge. discharge, and proceed- (2.) The application shall contain a full account of ings thereon. all property of whatever nature belonging to the appli- II. K. Code: cant, whether in expectancy or in possession, and whether s. 79 (5.), (6.)

held exclusively by himself, or jointly with others, or by others in trust for him (except the necessary wearing apparel of himself and his family and the necessary implements of his trade), and of the places respectively where such property is to be found; and the appli- cation shall be signed by the applicant and verified by affidavit.

Schedule:

Form No. 36.

Schedule:

(3.) On the application being made, the Court shall cause the judgment creditor to be furnished with a copy thereof, and shall fix a reasonable period within which the judgment creditor may cause the whole or any part of such property to be attached and sold, or may appear on the hearing of the application and make proof that the judgment debtor's inability to satisfy the judgment is attri- butable to justifiable extravagance in living or that the judgment debtor, for the purpose of procuring his discharge without satisfying the judgment, has wilfully concealed property or his right or interest therein, or fraudulently transferred or removed property, or committed any other act of bad faith.

(4.) If, after such investigation as it may think proper on the application, the Court is of opinion that the judg- ment debtor should be set at liberty, it shall make an order Form No. 37. to that effect, but otherwise the Court shall retain the judgment debtor in prison, unless he has already been in prison on account of the judgment for the full term for which he is liable to imprisonment.

Effect of dis- charge of prisoner for debt.

Ib. s. 79 (7.)

414. When any person imprisoned in execution of a judgment has been once discharged he shall not again be imprisoned on account of the same judgment, but his property shall continue liable, under the ordinary rules, to attachment and sale until the judgment is fully satis- fied.

　Committal for Disobedience to Judgment. Granting of 445.-(1.) Where any person is guilty of wilful dis- order on obedience to a judgment, the person who has obtained person dis-

the judgment shall be entitled to apply to the Court for obeying judg- ment to show an order directed to the person who has disobeyed the cause why he judgment to show cause why he should not be punished

for the disobedience.

should not

be punished. Ib. s. 81 (1.), (2.)

Service of order, etc.

Ib. s. 81 (3.)

(2.) The Court, unless it secs good reason to the contrary, shall, on such application, make an order accordingly.

(3.) The Court shall not grant the order except on evi- dence upon oath or by affidavit establishing such a case as, if uncontradicted and unexplained, would justify the immediate committal of the person disobeying the judg-

ment.

446. An office copy of the order and of the deposition or affidavit upon which the order was granted shall be served ▾ on the person to whom the order is directed.

Proceedings 447. On the return-day of the order, if the person to on return- whom it is directed does not attend and does not establish day of order.

a sufficient excuse for not attending, and if the Court is Ib. s. 81 (4.)

satisfied that the order has been duly served, or if such person attends and does not show cause, to the satis- faction of the Court, why he should not be punished for the disobedience, the Court may issue a warrant for his committal to prison.

Enlargement

of time for return to order, and making of conditional order of committal.

Ib. s. 81 (5.)

Duration of detention of person com-

448. The Court may enlarge the time for the return to the order, or may, ou the return of it and under circumstances which would strictly justify the immediate committal of the person guilty of the disobedience, direct that the warrant for his committal to prison shall issue only after a certain time and in the event. of his continued disobedience at that time to the judgment in respect of which he has been guilty of disobedience.

449. A person committed for disobedience to a judg ment shall be liable to be detained in custody until he mitted. has obeyed the judgment in all things which are to be Ib. s. 81 (6.) immediately performed, and given such security as the

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Court may think fit to obey the other parts of the judg ment, if any, at the future times thereby appointed, or, in case of his no longer having the power to obey the judgment, then until he has been imprisoned for such time or until he has paid such fine as the Court may direct.

directed to

expense of

450. If a mandamus, granted in an action or other- Power to wise, or a mandatory order, injunction, or judgment for order act the specific performance of any contract is not complied none at with, the Court, besides or instead of proceedings against the disobedient party for contempt, may direct that the party refus- act required to be done may be done so far as practicable ing to do it. by the party by whom the mandamus, order, injunction, or 0. 42 r. 30. judgment has been obtained, or by some other person ap- pointed by the Court, at the cost of the disobedicut party, and, upon the act being done, the expenses incurred may be ascertained in such manner as the Court may direct, and execution may issue for the amount so ascertained, and costs.

451. Any judgment against a corporation which is Enforcement wilfully disobeyed may, by leave of the Court, be en- of judgment forced by sequestration against the corporate property,

against dis- obedient cor- or by committal of the directors of other officers thereof, or

　　　　　　　　　　　　　　　　　　poration. by writ of sequestration against their property.

Ib. r. 31.

231

PART II.

SPECIAL ACTIONS AND PROCEEDINGS.

CHAPTER XVII.

FOREIGN ATTACHMENT.

452. Proceedings by foreign attachment may be taken Proceedings in the mauner hereinafter prescribed in any action, provided by foreign that the cause of action arose within the jurisdiction.

453.-(1.) On the filing in Court by the plaintiff in any such action of an affidavit to the following effect, that is to say,-

attachment H. K. Code, s. 82 (1.) Issue of writ of foreign attachment.

(a.) that the cause of action arose within the juris- Ib.*s. 82 (2).

diction;

(.) that the plaintiff has taken out a writ of summons against the defendant, but that the defendant is absent from the Colony or that there is probable cause to believe that the defendunt is concealing himself to evade proceedings; and

(c.) that the defendant is beneficially entitled to mov- able property within the jurisdiction in the enstody or under the control of any other person within the jurisdiction, or that such other person (hereafter in this Chapter called the garnishee) is indebted to the defendant, or that the defendant is beneficially entitled to immovable property, or to any interest therein, within the jurisdiction,

and on the giving of the bond hereinafter mentioned, the Registrar may issue a writ of general attachment against all the property, movable and immovable, of the defendant within the jurisdiction.

Schedule:

(2.) The writ shall be called a writ of foreign attach- ment, and shall be made returnable not less than fourteen Form No. 38. days after the date thereof, except by special leave of the Court.

454. Absence from the Colony shall, for the purpose of Meaning of proceedings by foreign attachment, be taken to be absence term "ab- for the time being, whether the defendant has ever been sence from within the Colony or not.

Colony." Ib. s. 82 (3.)

fore issue of

455.-(1.) Before the writ shall issue the plaintiff or Giving of some person on his behalf shall enter into a bond, with one bond by or more sufficient sureties to be approved by the Registrar, plaintiff be- in a penal sum equal to twice the amount of the claim, writ. or in any less sum by special leave of the Court, the 7b. s. 82 (4.), condition of which said bond shall be that in case the (5.) defendant shall, at any time within the period hereinafter Schedule: limited in that behalf, cause the writ to be set aside, or any judgment which may be given in the action to be reversed or varied, the plaintiff will pay to the defendant all such sums of money, damages, costs, and charges as the Court may order and award on account of or in relation to the action and the attachment, or either of them: Provided that the Court shall not award a larger amount of dam-

Form No. 39.

232

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Power to the Court to

writ before

execution of bond.

ages than it is competent to award in an action for damages, and such award shali bar any action for damages in respect of the action and attachment.

(2.) The bond shall be in such form and given to such person as the Court may, from time to time or in any particular case, approve and direct, and shall be entered into before the Registrar, and deposited in the Registry.

456.-(1.) If in any case it is made to appear to the satisfaction of the Court, by affidavit or otherwise, that order issue of under the circumstances it is expedient that the writ should issue forthwith and before the bond has been entered into, the Court may order the writ to issue ac- cordingly, on such terms as it may think fit, and by the same order shall limit the time, not exceeding seven days from the date of the issue of the writ, within which the bond must be entered into and deposited as aforesaid.

H. K. Code, 8. 82 (5.).

Execution of writ against movable property. Ib. s. 82 (6.) Priority of writs.

Ib. s. 82 (7.)

New.

Attachment

(2.) If default is made in complying with the require- ments of the order within the time thereby limited, the Court may dissolve the writ, and thereupon may award damages and costs to the defendant in the manner herein- before provided in the case of a writ being set aside or a judgment in the action being reversed or varied.

457. Every writ against movable property shall be executed by the Bailiff.

458.-(1.) Where two or more writs issue at the suit of different plaintiffs, they shall take priority respectively according to the date and time at which they reach the hands of the Bailiff for execution.

(2.) No such writ shall take priority over a writ of execution in an action pending at the date of such writ of foreign attachment.

(3.) The Bailiff shall indorse on every such writ the date and time of the same coming to his hands for execution. 459. Property in the custody or under the control of any public officer in his official capacity shall be liable to in custody of attachment with the consent in writing of the Attorney public officer.

General, and in such case the writ shall be served on such H. K. Code,

of property

s. 82 (8.). public officer.

Attachment of property in custodiâ

legis.

Ib.

Effect of

service of

writ on gar- nishee as

regards

movable property.

Tb. s. 82 (11.)

Execution of

property.

460. Property in custodiâ legis shall be liable to at- tachment by leave of the Court, and in such case the writ shall be served on the Registrar.

461. From the time of the service on the garnishee of the writ, all property whatsoever within the jurisdiction, other than immovable property or any interest therein, to which the defendant mentioned in the writ is the bene- ficially entitled, whether solely or jointly with others, and which is in the custody or under the control of the gar- nishee, and all debts then due or accruing from the garnishee to the defendant, shall, to the extent of the defendant's interest therein, and subject to Crown debts, and to any bond fide prior title thereto or lien or charge thereon, and to the rights and powers of prior incum- brancers, be attached in the hands of the garnishee to satisfy the claim of the plaintiff.

462.-(1.) Where the defendant is beneficially entitled writ against to immovable property or to any interest therein, a me immovable

morial containing a copy of the writ shall be registered in 77. s. 82 (9.), the Land Office under Ordinance No. 3 of 1844, entitled (10.) "An Ordinance to provide for the Registration of Deeds, Wills, Judgments, and Conveyances affecting Real or Im- movable Property in Hongkong.

Effect of re-

memorial of writ on im-

(2.) In case the writ is dissolved or the judgment in the action is satisfied, a certificate to that effect under the hand of the Registrar and the seal of the Court may be registered at the Land Office, and thereupon the memorial shall be deemed to have been cancelled.

(3.) The fees payable to the Land Office shall be for the registration of such memorial one dollar, and for the filing of such certificate one dollar, and no other fees shall be pay- able to the Land Office in respect thereof.

463. From the time of the registration in the Land gistration of Office of the memorial of the writ, all immovable property within the jurisdiction, or any interest therein, to which the defendant mentioned in the writ is then beneficially entitled, whether solely or jointly with others, hall, to the 7, s. 82 (10.) extent of his interest therein, and, subjerg to Crown debts, and to any bonâ pli for title themete or fien or charge

movable

property.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

thereon, and to the rights and powers of prior incumbranc- ers, be attached to satisfy the claim of the plaintiff.

464. The Court may, at any time before judgment, Sale of mov-

　　　　　　　　　　　　　　able property on such grounds as it may deem sufficicat, order anv

　　　　　　　　　　　　　　　　　　　attached property, other than immovable property or any interest under writ. therein, attached under the writ to be sold in such manner H. K. Code, as it may direct and the net proceeds to be paid into Court. s. 82 (12.)

465. Any garnishee who, without the leave or order Punishment of the Court, at any time after the service of the writ and of garnisbee

　　　　　　　　　　　　　　disposing, before the writ is dissolved,-

without

(1.) knowingly and wilfully parts with the custody or leave, of pro- control of any property attached in his hanis ; or perty attach-

ed.

(2.) removes the same out of the jurisdiction of the . s. 82 (13.)

Court; or

(3.) sells or otherwise disposes of the same; or

(4.) pays over any debt due by him to the defendant,

excepting only to or to the use of the plaintiff,

shall pay such damages to the plaintiff as the Court may award, and shall further be deemed guilty of a contempt of Court and shall be liable to be proceeded against and punished accordingly: Provided that the Court shall not award a larger amount of damages than it is competent to award in an action for damages, and such award shall bar any action for damages in respect of the act done by the garnishee.

466. In any case where it is male to appear to the Seizure of satisfaction of the Registrar, by affidavit or otherwise, attached pro- that there is reasonable cause to believe that any property danger of

perty in

attached is in danger of being removed out of the juris being re- diction or of being sold or otherwise disposed of, the moved, etc. Registrar may, by an order in writing, direct the Bailiff b. s. 82 (14.) to seize such property and detain the same subject to the order of the Court; and the Bailiff shall thereupon seize and detain such property accordingly.

467. Notice of the issue of the writ shall be inserted Publication twice in the Government Gazette and twice in some local of notice of newspaper, unless the Court shall, by reason of the defend- issue of writ. Ib. s. 82 (15.) ant having entered an appearance or on any other ground, dispense with the publication of such notice.

463. In any case where the place of residence of the defendant out of the jurisdiction is known, the Court may, if it thinks fit, on the application of the garnishee or of any friend or agent of the defendant, or of its own motion, and on such terms as it may deem reasonable, order that notice of the writ be served on the defendant out of the jurisdiction, and that further proceedings be stayed until the further order of the Court, but without prejudice to the attachment under the writ.

Service of

notice of writ on defendant. Ib. s. 82 (16.)

46. After the issue of the writ. (but subject to the Filing of

statement of provisions of the last preceding section), the plaintiff may claim, and forthwith file his statement of claim, and, upon such day proceedings after the return of the writ as the Court may appoint, may thereafter. proceed to establish his claim as in an ordinary action in 1b. s. 82. (17.) which there has been due service of the writ of summons, and leave has been obtained to proceed ex parte.

action.

470.--(1.) On the trial of the action the Court shall Proceedings proceed to inquire and determine whether in fact the at trial of plaintiff's case is within the provisions of this Chapter, and 16. s. 82 (18.) whether the plaintiff has established his claim, and shall -(21.) pronounce judgment accordingly; and if the plaintiff ob- tains judgment, the Court may, at the same or any subse- quent sitting, examine or permit the plaintiff to examine the garnishee or any other person, and determine what property, movable or immovable, is liable to attachment under the writ.

(2.) If the garnishee, either on such examination or by notice in writing filed in the Registry at any time after the attachment, disputes the liability of the property to attachment, the Court may order that any issue or question necessary for determining such liability shall be tried and determine l in any manner in which any issue or question in an action may be triel and determined. On such exam- ination and at such trial or determination the garnishee may b represented by conusel and solicitor.

(3.) The Court may, at the instance of any person in- terested in the inquiry or of its own motion, summon any person whom it may think necessary and examine him in relation to such property as aforesaid, and may

233

234

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Attachment of ship in case of ad- verse claims to goods laden on board.

require the garnishee, as well as any person summoned. as aforesaid, to produce all deeds and documents in his posses- sion or power relating to such property.

(4.) If the plaintiff obtains judgment, the Court may, at the time of pronouncing judgment in favour of the plaintiff, or at any subsequent sitting, order that execution shall issue against all or any part of the property attached which the Court may have declared to be liable to satisfy the plaintiff's claim; and all the provisions of this Code relating to execution of judgment in an ordinary actiou shall apply to the execution so ordered.

(5.) If the plaintiff fails to obtain judgment, the Court shall thereupon dissolve the writ.

471. Where there are two or more claimants to any goods laden on board of any ship, and the ship is attached in an action against the shipowner for the nou- delivery of the goods, the Court may stay the proceedings on such terms as the Court may think proper, and order the goods to be landed and warehoused in custodiâ legis, H. K. Cide, without prejudice to the master's lien thereon, and may dissolve the attachment against the ship and make such orders as may be necessary for the determination of the rights of the claimants, on such terms as to security and other matters as may seem just.

8. 82 (22.)

Procedure

where sev-

property attachel.

472. Where there are two or more claimants to any property attached under a writ, or to any interest therein, eral claims to the Court may, in its discretion, summon before it all the claimants, and may make such orders for the ascertaining Ib. 8. 82 (23.) of their respective rights and for the custody of the pro- perty in the meanwhile as it may think fit, either under this Chapter or under the provisions of this Code relating to claims to attached property or to interpleader proceed- ings.

Staying pro- ceedings against

473. The Court may stay proceedings in any action. commenced against a garnishce under the provisions of this Chapter in respect of property attached in his hands, Îb. s. 82 (24.) on such terms as may seem just.

garnishee.

Giving leave

to defend action.

474. The Court, at any time before judgment, on being to defendant satisfied, by affidavit or otherwise, that the defendant has a substantial ground of defence, either wholly or in part, to the action on the merits, may give leave to the defend- ant to defend the action, without prejudice to the attach- ment under the writ.

Ib. s. 82 (25.)

Application by defendant to dissolve attachment. Ib. s. 82 (26.)

Application

to set aside

etc.

475. The defendant may, at any time before any property attached in the action has been sold in satis- faction of the plaintiff's claim, apply to the Court, upou notice of motion, for an order to dissolve the writ as to the whole or any part of the property attached, on security being given to answer the plaintiff's claim, and the Court may make such order, either absolutely or on such terms as may seem just, and in the meanwhile may stay postpone any sale.

476. The defendant may, at any time within twelve by defendant months from the date of the judgment, notwithstanding that judgment, the property attached, or any part thereof, may have been sold in satisfaction of the plaintiff's claim, apply to the Ib. s. 82 (27.) Court, upon notice of motion, for an order to set aside the judgment and for the re-trial of the action and for leave to defend the same; and if it appears to the Court that the defendant had no notice or knowledge of the action and could not reasonably have made an earlier application to the Court, and that he had, at the time of the obtaining of the judgment, and stilt has, a substantial ground of defence, either wholly or in part, to the action

　　　　　　　　　　　　　on the merits, it shall be lawful for the Court to grant such order on such terms as may seem just.

Saving of

477. The dissolving of any writ, or the reversal or set- rights of bonâ ting aside of any judgment given under this Chapter or of fide pur

any subsequent proceedings, shall not affect the title of any chaser of

bonâ fide purchaser for valuable consideration of any pro- perty sold in satisfaction of the plaintiff's claim.

property in case of lis- solving of

writ, etc.

Ib. s. 82 (28.)

Mode of pre-

CHAPTER XVIII.

ACTION AGAINST THE GOVERNMENT.

478. Any claim against the Government of the Colony ferring claim of the same nature as claims within the provisions of the against Petitions of Right Act, 1860, of the Imperial Parliament,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

may, with the consent in writing of the Governor, be Government preferred in the Court in an action instituted by the of Colony. claimant as plaintiff against the Attorney General as de- II. K. Code, fendant.

s. 83 (1.) 23 & 24 Vict.c. 34.

479. In any such case it shall not be necessary for the Commence- plaintiff to issue a writ of summons, but the action shall ment of be commenced by the filing of a statement of claim and action. the service thereof on the Crown Solicitor.

H. K. Code, s. 83 (2.) 430.-(1.) On the application of the Crown Solicitor, Consent of the Registrar shall deliver to him the original statement of Governor,

　　　　　　　　　　　　　　　　　and pro- claim for submission to the Governor.

cedure

(2.) If the Governor grants his consent as aforesaid, thereafter. such consent shall be indorsed on the statement of claim, Ib. s. 83 (3.) which shall then be returned by the Crown Solicitor to the Registrar.

(3.) In such case the action may, subject to the provi- sions of this Chapter, proceed and be carried on under the ordinary procedure provided by this Code.

documents in

481. All other documents, notices, or proceedings in Service of the action which, in an ordinary action, would be required action. to be served on the defendant shall be served on the Crown 7. s. 83 (4.)

Solicitor.

432. Whenever in any such action judgment is given against the Government, no execution shall issue thereon, but a copy of the judgment, under the seal of the Court, shall be transmitted by the Court to the Governor,

CHAPTER XIX.

Procedure where judg- against Gov- ment given

ernment. Ib. s. 83 (5.)

Right and liability of

sue and be

sued in firm name, and disclosure of names of

ACTION BY OR AGAINST FIRM, ETC. 433.-(1.) Any two or more persous claiming or being liable as co-partners and carrying on business within the jurisdiction may sue or be sued in the name of the partners to respective firms, if any, of which such persons were co- partners at the time of the accruing of the cause of action. (2.) Any party to an action may in such case apply by summons to the Court for a statement of the names and partners. addresses of the persons who were, at the time of the ac- cruing of the cause of action, co-partners in any such firm, to be furnished in such manner, and verified upon oath or otherwise, as the Court may direct.

O. 48 a r. 1.

action

484.-(1.) Where a writ is sued out by partners in Disclosure of the name of their firm, the plaintiffs or their solicitors names of shall, on demand in writing by or on behalf of the de- partners in fendant, forthwith declare in writing the names and ad- brought by dresses of all the persons constituting the firm on whose firm. behalf the action is brought.

(2.) If the plaintiffs or their solicitors fail to comply with such demand, all proceedings in the action may, on an application for that purpose, be stayed, on such terms as the Court may direct.

(3.) When the names of the partners are so declared, the action shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as the plaintiffs in the writ; but all the pro- ceedings shall nevertheless continue in the name of the firm.

lb. r. 2.

firm.

485.-(1.) Where persons are sued as partners in the Service on name of their firm, the writ shall be served either on partners sued any one or more of the partners or at the principal place in name of within the jurisdiction of the business of the partnership on any person having at the time of service the control or management of the partnership business there.

(2.) Subject to the provisions of this Chapter, such ser- vice shall be deemed god service on the firm so sued, whether any of the members thereof are out of the juris- diction or not, and no leave to issue a writ against them shall be necessary: Provided that, in the case of a co- partnership which has been dissolved to the knowledge of the plaintiff before the commencement of the action, the writ shall be served on every person within the jurisdiction sought to be made liable.

486.-(1.) Where a writ is issued against a firm, and is served as directed by the last preceding section, every person on whom it is served may be informed by notice in writing, given at the time of such service, whether he is served as a partner, or as a person having the control or management of the partnership business, or in both

characters.

.r. 3.

Notice of capacity in

person

which is served. Ib. r. 4.

235

•

$236

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Appearance of partners.

0.48 A r. 5.

Non-neces- sity of ap-

(2.) In default of such notice, the person served shall be deemed to be served as a partner.❤

487. Where persons are sued as partners in the name of their firm, they shall appear individually in their own names; but all subsequent proceedings shall nevertheless continue in the name of the firm.

pearance by served on

manager served. Ib. r. 6.

Appearance under protest of person served as partner. Ib. r. 7.

Execution of judgment

against firm.

Ib. r. 8.

Attachment of debts

firm.

438. Where a writ is issued against a firm, and is a person having the control or management of the partnership business, no appearance by him shall be necessary, unless he is a member of the firm sued.

489. Any person served as a partner may enter an appearance under protest, denying that he is a partner, but such appearance shall not preclude the plaintiff from other- wise serving the firm, and obtaining judgment against the firm in default of appearance, if no partner has entered an appearance in the ordinary form.

490.-(1.) Where judgment is given against a firm, execution may issue-

(a.) against any property of the partnership within

the jurisdiction;

(b.) against any person who has appeared in his own. name under section 487 or section 488, or who has admitted, either on the pleadings or at the trial, that he is a partner, or who has been adjudged to be a partner; and

(c.) against any person who has been individually served, as a partner, with the writ of summous, and has failed to appear.

(2.) If the party who has obtained judgment claims to be entitled to issue execution against any other person as being a member of the firm, he may apply to the Court for leave to do so; and the Court may give such leave if the liability is not disputed. or. if the liability is disputed, may order that the liability of such person be tried and deter- mined in any manner in which any issue or question in an action may be tried and determined.

(3.) Except as against any property of the partnership, a judgment against a firm shall not render liable, re- lease, or otherwise affect any member thereof who was out of the jurisdiction when the writ was issued, and who has not appeared to the writ, unless the writ has been served on him out of the jurisdiction with the leave of the Court, or he has been served within the jurisdiction after the writ was issued.

491.-(1.) Debts owing from a firm carrying on business within the jurisdiction may be attached under owing from Chapter 16. although one or more members of such firm may be resident abroad, provided that any person having the control or management of the partnership business or any member of the firm within the jurisdiction is served with the garnishee order.

Ib. r. 9.

to actions between

(2.) An appearance by any member pursuant to an or- der shall be a sufficient appearance by the firm.

or more

Application

492. The provisions of this Chapter shall apply to of provisions actions between a firm and one or more of its mem- of Chapter 19 bers and to actions between firms having one

members in common, provided such firm or firms carry on co-partners. business within the jurisdiction, but no execution shall be issued in any such action without the leave of the Court, and, on an application for leave to issue such execu- tion, all such accounts and inquiries may be directed to be taken and made, and directions given, as may seem just.

lb. r. 10.

Application

to person

493. Any person carrying on

business within the

of provisions jurisdiction in a name or style other than his own name of Chapter 19 may y be sued in such name or style as if it were a firm name; and. so far as the nature of the case will permit, all the provisions of this Chapter relating to proceedings against firms shall apply.

trading as firm.

Ib. r. 11.

CHAPTER XX.

Application

by poor per-

ACTION BY OR AGAINST PAUPER.

494.-(1.) Any poor person, before commencing or son to sue or defending any action or other proceeding in the Court defend as in his own right or becoming poor during the progress H. K. Code, thereof, may apply to the Court by petition for leave to s. 86 (1)

sue or defend as a pauper.

pauper.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(2.) The petition shall be supported by au affidavit of the petitioner and two householders living in his neigh- bourhood or other responsible persons that he is not pos- sessed of property to the amount of fifty dollars in value, his wearing apparel and the subject-matter of the action or proceeding only excepted.

495.-(1.) The Cout shall thereupon assign a coun- Assignment sel and solicitor to consider the petitioner's case.

(2.) The petitioner shall lay a case before counsel for his opinion whether or not he has reasonable grounds for suing or defending.

496. (1.) No

shall be admitted to sue or de- person fend as a pauper unless the case laid before counsel for his opinion, and his opinion thereon, with an affidavit of the party, or his solicitor, that the case contains a full and true statement of all the material facts to the best of his knowledge and belief, and with a certificate, sigued by counsel, that he has considered the case and believes the petitioner to have a good cause of action or defence, as the case may be, is produced before the Court.

(2.) If these conditions are complied with, the Court may order that the petitioner shall be admitted to sue or defend, as the case may be, as a pauper.

of counsel

and solicitor

to consider case.

II. K, Code. s. 86 (1.)

O. 16 r. 23. Order for admission to

sue or defend as pauper. II. K. Code,

0. 18 r. 24.

497. Where a person is admitted to sue or defend as Assignment a pauper, the Court may, if necessary, assign a counsel of counsel or solicitor, or both, to assist him.

and solicitor to assist

498. (1.) No fee shall be payable by a pauper to his pauper, counsel or solicitor.

Ib. v. 26

Exemption shall of pauper

from pay- ment of fees. II. K. Code, s. 86 (4.) 0.16 rr. 24,

(2.) A person admitted to sue or defend as a pauper not be liable to any Court fee: Provided that if such person succeeds and costs are adjudged to be paid by his opponent, then his counsel and solicitor shall be entitled to and shall receive all such fees as the Registrar may allow to them on taxation, and such Court fees as would 25. in other cases be chargeable shall be charged and recovered.

solicitor as-

499. A counsel or solicitor assigned under this Chapter Duty of shall not be at liberty to refuse his assistance unless he counsel or satisfies the Court that he has some good reason for re-signed to fusing.

500.--(1.) While a person snes or defends as a pauper no person shall take, or agree to take, or seck to obtain from him any fee, profit, or reward for the conduct of his business in the Court.

(2.) Every person who takes, or agrees to take, or seeks to obtain any such fee, profit, or reward shall be deemed guilty of a contempt of Court, and shall be liable to be proceeded against and punished accordingly.

act. Ib. r. 26.

Punishment of person taking fee from pauper. lb. r. 27.

501. If any person admitted to sue or defend as a Dispaupering

　　　　　　　　　　　　　　　　of pauper. pauper-

H. K. Code,

0.16 r. 28.

(1.) gives, or agrees to give, any such fee, profit, or s. 86 (5.)

reward; or

(2.) becomes of ability during the progress of the action

or proceeding; or

(3.) misbehaves himself therein by any vexatious or

improper conduct or proceeding; or

(4.) wilfully delays the action or proceeding,

he shall be forthwith dispaupered, and shall not be after- wards admitted again in the same action or procceding to sue or defend as a pauper.

solicitor of

502.-(1.) No motion-paper or notice of motion shall Duty of be filed or summons issued, and no petition shall be presented, on behalf of any person admitted to sue ΟΓ defend as a pauper, except for the discharge of his solicitor, unless it is signed by his solicitor, if any.

(2.) It shall be the duty of the solicitor assigned to a person admitted to sue or defend as a pauper to take care that no notice is served, or summons issued, or petition presented, without good cause.

CHAPTER XXI.

ACTION FOR RECOVERY OF IMMOVABLE PROPERTY.

pauper as to signing of documents.

0. 16 vr. 29, 30.

mons in case

503. In an action for the recovery of immovable Service of property, service of the writ of summons may, in case of writ of sum- vacant possession, when it cannot otherwise be effected, be made by posting a copy of the writ upon the door of the dwelling-house or other conspicuous part of the property.

of vacant possession. 0.9 r. 9.

237

・

238

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Action for re-

504. The Attorney General may lawfully institute covery of im- and prosecute in his own name an action for recovering movable pro- unto the Crown any immovable property claimed by the perty to the Crown and whereof the Crown is not in actual possession.

Crown.

1856 s. 9.

Ord. No. 5 of 505. Any person not named as a defendant in a writ of summons for the recovery of immovable property may, by leave of the Court, appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or by his tenant.

Appearance by person in possession. O. 12 r. 25.

Appearance by landlord.

Ib. r. 26.

Procedure

defendant

appears. Ib. r. 27.

506. Any person appearing to defend an action for the recovery of immovable property as landlord, in respect of property whereof he is in possession only by his tenant, shall state in his appearance that he appears as landlord.

507. Where a person not named as defendant in a where person writ of summons for the recovery of immovable property not nained as has obtained leave of the Court to appear and defend, he shall enter an appearance, according to the provisions of Chapter 1, entitled in the action against the party named in the writ as defendant, and shall forthwith give notice of such appearance to the plaintiff's solicitor, or to the plaintiff if he sues in person, and shall in all subquent proceedings be named as a party defendant to the action.

Limitation of defence to part of property.

Ib. r. 28.

Plea of pos- session.

0. 21 r. 21.

landlord of

508.-(1. . Any person appearing to a writ of sum- mons for the recovery of immovable property shall be at liberty to limit his defence to a part only of the property mentioned in the writ, describing that part with reason- able certainty in his memorandum of appearance, or in a notice entitled in the action and signed by him or his solicitor.

(2.) Such notice shall be served within four days after appearance; and an appearance where the defence is not so limited shall be deemed an appearance to defend for the whole property.

509. No defendant in an action for the recovery of immovable property who is in possession by himself or by his tenant need plead his title, unless his defence depends on an equitable estate or right or he claims relief on any equitable ground against any right or title asserted by the plaintiff. But, except in the cases hereinbefore mentioned, it shall be sufficient to state by way of defence that he is so in possession, and it shall be taken to be implied in such statement that he denies, or does not admit, the allegations of fact contained in the plaintiff's statement of claim. He may nevertheless rely on any ground of defence which he can prove, except as hereinbefore men- tioned.

Action of Ejectment.

Duty of 510. Every tenant to whom any writ in ejectment is tenant to delivered, or to whose knowledge it comes, shall forthwith give notice to give notice thereof to his landlord or his agent, under writ in eject- penalty of forfeiting the value of three years' improv- ed or rack rent of the premises demised or held in the 15 & 16 Fict. possession of such tenant to the person of whom he holds, to be recovered by action in any court having jurisdiction for the amount.

ment.

c. 76 s. 209.

Proceedings

Ib. s. 210.

511.-(1.) In all cases between landlord and tenant, as in ejectinent often as it happens that one half year's rent is in arrear, by landlord

and the landlord or lessor to whom the same is due has against tenant right by law to re-enter for the non-payment thereof, the for non-pay- laudlord or lessor may, without any formal demand or re- ment of rent. entry, serve a writ in ejectment for the recovery of the demised premises; or in case the same cannot be legally served, or no teuant is in actual possession of the premises, then the landlord or lessor may affix a copy thereof upon the door of any demised messuage, which service shall stand in the place and stead of a demand and re-entry; and if it is made to appear to the Court at the trial that half a year's rent was due before the writ was served, and that Bo sufficient distress was to be found on the demised pre- mises, countervailing the arrears then duc, and that the landlord or lessor had power to re-enter, then the landlord or lessor shall recover judgment and execution in the same manner as if the rent in arrear had been legally demanded and a re-entry made.

(2.) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in eject- ment, and execution to be executed thereon, without pay- ing the rent and arrears, together with full costs, and with-

}

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 239

out proceeding for relief on equitable grounds within six months after such execution executed, then the lessee, his assignee, and all other persons claiming and deriving under the lease shall be barred and foreclosed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth hold the demised premises discharged from such lease: Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession, if such mort- gagee, within six months after such judgment obtained and execution executed, pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed.

lessee to

512.--(1.) In ease the lessee or his assignee, or other Limitation person claiming any right, title, or interest in law or equity of right of of, in, or to the lease, within the, time aforesaid, applies relief on to the Court for relief on equitable grounds, such person equitable shall not be entitled to a stay of the proceedings on grounds. such ejectment, uuless, within forty days next after a 15 & 16 Vict. full and perfect answer to such application has been made c. 76 s. 211. by the claimant in such ejectment, he pays into Court such sum of money as the landlord or lessor in his answer swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain until the trial of the cause, or to be paid out to the landlord or lessor on good security, subject to the judgment of the Court.

(2.) In case such application for relief on equitable grounds is made within the time aforesaid and after exe- cution is executed, the landlord or lessor shall be account- able only for so much and no more as he may really and bonâ fide, without fraud, deceit, or wilful neglect, make of the demisel premises from the time of his entering into the actual possession thereof; and if what is so made by the landlord or lessor happens to be less than the rent reserved on the lease, then the lessee or his assignee, before he shall be restored to his possession, shall pay to the landlord or lessor the amount by which the money so made by him fell short of the reserved rent for the time the landlord or lessor held the demised premises.

513. If the lessee or his assignee, at any time before Disconti- the trial in such ejectment, pays or tenders to the landlord nuance of or lessor, his executors or administrators, or his or their proceedings

in ejectment solicitor in the cause, or pays into Court all the rent and on payment arrears, together with the costs, then all further proceedings of rent and on the ejectment shall cease and be discontinued; and if costs. the lessee, his executors, administrators, or assigns, on such 1b. s. 212. application as aforesaid, is or are relieved on equitable grounds, he and they shall have, hold, and enjoy the demised premises according to the lease thereof made, without any new lease.

against ten-

of tenancy

514.--(1.) Where the term or interest of any tenant Ejectment holding under a lease or agreement in writing any immov- by landlord able property for any term or number of years certain, or ant holding from year to year, has expired or been determined, either over after by the landlord or tenant, by regular notice to quit, and expiration of the tenant, or any person holding or claiming by or under term or de- him, refuses to deliver up possession accordingly, after termination lawful demand in writing made and signed by the landlord by notice to or his agent, and served personally on or left at the dwel- quit. ling-house or usual place of abode of such tenant or person, Ib. s. 213. and the landlord thereapon proceeds by action of ejectment far the recovery of possession, it shall be lawful for him, at the foot of the writ in ejectment, to address a notice to such tenant or person requiring him to find such bail, if ordered by the Court, and for such purposes as are herein- after next specified.

(2.) On the appearance of the party, on an affidavit of service of the writ and notice, it shall be lawful for the landlord, on his producing the lease or agreement or some counterpart or duplicate thereof, and proving the execution of the same by affidavit, and upon affidavit that the pre- mises have been actually enjoyed under such lease or agree- ment, and that the interest of the tenant has expired or been determined by regular notice to quit, as the case may be, and that possession has been lawfully demanded in mauner aforesaid, to apply to the Court, by motion or summons, for such tenant or person to show cause, within a time to be fixed by the Court on a consideration of the

240

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Power on

ment by landlord

against tenant to

for mesne

situation of the premises, why such tenant or person should not euter into a recognizance by himself and two sufficient sureties in a reasonable sum conditioued to pay the damages and costs which may be recovered by the claimant in the action; and it shall be lawful for the Court, upon cause showu or upon affidavit of the service of the motion or summons in case no cause is shown, to order such tenant or person, within a time to be fixed upon a consideration of all the circumstances, to find such bail, with such conditions and in such manner as may be specified in the order.

(3.) If such tenant or person refuses or neglects to com- ply with the order and lays no ground to induce the Court to enlarge the time for obeying the same, then the landlord, on filing an affidavit that the order has been made and served and not complied with, shall be at liberty to sign judgment for recovery of possession and costs.

515. Where it appears, on the trial of any ejectment at trial of eject the suit of a landlord against a tenant, that the tenant or his attorney has been served with due notice of trial, the Court shall, whether the defendant appears at the trial or not, permit the claimant on the trial, after proof of his give damages right to recover possession of the whole or any part of profits.

the premises mentioned in the writ in ejectment, to go into 15 & 16 Fict, evidence of the mesue profits thereof which have or might c. 76 s. 214. have accrued from the day of the expiration or determiña- tion of the tenant's interest in the same down to the time of the judgment given in the cause, or to some preceding day to be specially mentioned therein; and the Court or jury on the trial finding for the claimant shall in such case give its judgment or their verdict upon the whole matter, both as to the recovery of the whole or any part of the premises, and also as to the amount of the damages to be paid for such mesne profits; and in such case the landlord shall have judgment within the time hereinbefore provided, not only for the recovery of possession and costs, but also for the mesue profits found by the Court or jury: Provid- ed that nothing herciubefore contained shall be construed to bar any such landlord from bringing any action for the mesne profits which may accrue from the judgment or ver- dict, or the day so specified therein, down to the day of the delivery of possession of the premises recovered in the ejectment.

Saving of

other reme-

516. Nothing in this Chapter shall be construed to dies of land- prejudice or affect any other right of action or remedy which a landlord may possess in any of the cases hereinbefore provided for, otherwise than as hereinbefore expressly

lord. Ib. s. 215.

See also Ord. No. 6 of 1855 ss. 59-65.

Right of

plaintiff to claim man- damus by indorsement. on writ.

II. K. Code,

s. 85 (1.)

Setting forth

of grounds for manda-

enacted.

CHAPTER XXII.

MANDAMUS.

Action of Mandamus.

517. The plaintiff in any action may indorse on the writ of summimons a notice that the plaintiff intends to claim a writ of mandamus, and the plaintiff may therempon claim in the statement of claim, either together with any other demand which may be enforced in such action or separately, a writ of mandamus commanding the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested.

518. The statement of claim in any such action shall set forth sufficient grounds on which the claim is founded, and shall set forth that the plaintiff is personally interested therein, and that he sustains, or may sustain, damage by the non-performance of such duty, and that per- b. s. 85 (2.) formance thereof has been demanded by him, and refused

or omitted.

mus in state- ment of claim.

Proceedings in action claiming mandamus,

Ib. s. 85 (8.)

Issue of

519. The proceedings in any such action shall be the same in all respects, as nearly as may be, as in an ordinary action for the recovery of damages.

520. (1.) I ease judgment is given for the plaintiff that a mandamus de issue, the Court may, if it thinks fit, peremptory issue a peremptory writ of mandamus to the defendant. writ of man- damus.

commanding him forthwith, or within such time as the Th. s. 85 (4.) Court may direct, to perform the duty to be enforced, and such writ may, in case of disobedience, be enforced by committal.

(2.) The Court may, en sufficient cause shown, extend the time for the performance of the duty,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

return thereto.

521. The writ of mandamus need not contain any Nature of recitals, but shall simply command the performance of writ and the duty, and in other respects shall be in the form of an ordinary writ of execution, except that it shall be directed H. K. Code, to the party and not to the Bailiff and be returnable forth- s. 85 (5.) with ; and no return thereto, except that of compliance, shall be allowed, but time to return it may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.

Prerogative Writ of Mandamus.

of mandamus.

522. Nothing in this Chapter shall affect the juris- Saving of pre- diction of the Court to grant prerogative writs of man- rogative writ damus; nor shall any writ of mandamus issued out of the 17 & 18 Vict. Court be invalid by reason of the right of the prosecutor c. 125 s. 75. to proceed by action of mandamus under this Chapter.

523. On application by motion for a prerogative writ Acceleration of mandamus, the rule may in all cases be absolute in the of proceed- first instance, if the Court thinks fit; and the writ may rogative writ.

ings for pre- bear teste on the day of its issuing, and may be made re- 16. s. 76. turnable forthwith, but time to return it may, on sufficient grounds, be allowed by the Court, either on or without terms, as to the Court may seem just.

524. The provisions of this Code, so far as they are Procedure on applicable, shall apply to the pleadings and proceedings prerogative on a prerogative writ of mandamus issued by the Court.

CHAPTER XXIII.

INTERPLEADER.

writ.

Ib. s. 77.

Cases in

which relief by inter-

525. Relief by way of interpleader may be granted- (1.) where the person seeking relief (in this Chapter

called the applicant) is under liability for any debt pleader or movable property for or in respect of which granted. he is, or expects to be, sued by two or more parties O. 57 r. 1. (in this Chapter called the claimants) making adverse claims thereto; and

(2.) where the applicant is the Bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable property, by any person other than the person against whom the process issued. 526. The applicant must satisfy the Court, by affidavit or otherwise,-

(1.) that the applicant claims no interest in the subject- matter in dispute, other than for charges or costs; and

(2.) that the applicant does not collude with any of the

claimants; and

(3.) that the applicant, except where he is the Bailiff and has seized movable property and has withdrawn from possession in consequence of the execution cre- ditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court may direct.

Matters to be proved by applicant.

b. r. 2. Schedule: Form No. 40.

of claimants. Ib. r. 3.

527. The applicant shall not be disentitled to relief by Adverse titles reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

528. Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.

529. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.

530. If the application is made by the defendant in an action, the Court may stay all further proceedings in the action.

Making of application by defendant. lb. r. 4.

Summons by applicant.

Ib. r. 5.

Stay of ac- tion.

Ib. r. 6.

531. If the claimants appear in pursuance of the sum- Order upon mons, the Court may order either that any claimant be summons. made a defendant in any action already commenced in Ib. r. 7. respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.

241

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242

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Disposal of claims in summary manner. 0.57 r. 8.

Decision of

532. The Court may, with the consent of both claim- ants or on the request of any claimant, if, having regard to the value of the subject-matter in dispute, it seems de- sirable tdo so, dispose of the merits of their claims and decide the same in a summary manner and on such terms as may be just.

533. Where the question raised by the claims is a question of question of law, and the facts are not in dispute, the Court may either decide the question without directing the trial of an issue or order that a special case be stated for the opinion of the Court.

law. Ib. r. 9.

Failure of olaimant to appear or refusal to

534. If a claimant, having been duly served with a summons calling on him to appear and maintain or relin- quish his claim, does not appear in pursuance of the sum- comply with mons, or, having appeared, refuses or neglects to comply with any order made after his appearance, the Court may make an order declaring him and all persons claiming ander him for ever barred against the applicant and persons claiming under him, but the order shall not affect the rights of the claimants as between themselves.

order. Ib. r 10.

Finality of order. Ib. r. 11.

Application of Chapters

6 and 12. Ib. r. 13.

535. Except where otherwise provided by statute, the judgment in any action or on any issue ordered to be tried or stated in an interpleader proceeding, and the decision of the Court in a summary way, under section 532, shall be final and conclusive against the claimants, and all persons claiming under them, except by special leave of the Court or of the Full Court.

536. Chapters 6 and 12 shall, with the necessary modi- fications, apply to an interpleader issue; and the Court may finally dispose of the whole matter of the interpleader proceedings, including all costs not otherwise provided for.

537. The Court may, in or for the purposes

of any powers of the nterpleader proceedings, make all such orders as to costs

and all other matters as may be just and reasonable.

General

Court in

interpleader proceedings. Ib. r. 15.

Interpreta-

CHAPTER XXIV.

REFERENCE TO ARBITRATION.

538. In this Chapter, unless the context otherwise tion of term. requires, "submission means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.

52 & 53 Vict. c. 49 s. 27.

Effect of

Reference by Consent out of Court.

539. A submission, unless a contrary intention is ex- sub mission. pressed therein, shall be irrevocable, except by leave of the Court, and shall have the same effect in all respects as if it had been made an order of Court.

lb. s. 1.

Provisions implied in submission.

52 & 53 Vict.

c. 49 s. 2 and

First Sched- ule.

540. A submission, unless a contrary intention is ex- pressed therein, shall be deemed to include the provisions. hereinafter set forth, so far as they are applicable to the reference under the submission, that is to say,-

(1.) if no other mode of reference is provided, the re-

ference shall be to a single arbitrator;

(2.) if the reference is to two arbitrators, the two

arbitrators may appoint an umpire at any time within * the period during which they have power to make an award;

(3.) the arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them, may from time to time enlarge the time for making the award;

(4.) if the arbitrators have allowed their time or ex- tended time to expire without making an award, or have delivered to any party to the submission or to the umpire a notice in writing, stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators ;

(5.) the umpire shall make his award within three months after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire, by any writing signed by him, may from time to time enlarge the time for making the award;

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 243

6.) the parties to the reference, and all persons claim- ing through or under them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, upon oath, in relation to the matters in dispute, and shall, subject as afore- said, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings, and docu- ments in their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrators or umpire may require;

(7.) the witnesses on the reference shall, if the arbi-

trators or umpire think fit, be examined upon oath; (8.) the award to be made by the arbitrators or umpire shall be final and binding on the parties and the per- sons claiming through or under them respectively; and (9.) the costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may award costs to be paid as between solicitor and client, and such costs shall be taxed by the Registrar.

541. If any party to a submission, or any person claim- lower for ing through or under him, commences any legal proceedings the Court to in the Court against any other party to the submission, or stay legal any person claiming through or under him, in respect where there proceedings of any matter agreed to be referred, any party to such is a submis- legal proceedings may, at any time after appearance and sion. before filing any pleading or taking any other step in the 52 & 53 Vict. proceedings, apply to the Court to stay the proceedings, c. 49 s. 4. and the Court, if it is satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings accordingly.

Appointment

cases of

542.-(1.) In any of the following cases;- (a.) where a submission provides that the reference in certain shall be to a single arbitrator, and all the parties do arbitrator, not, after differences have arisen, concur in the etc. appointment of an arbitrator;

(b.) if an appointed arbitrator refuses to act, or is incap- able of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy; (c.) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him; and

(d.) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy, any party may serve the other parties or the arbitrators, as the case may be, with a written notice to appoint an arbitrator, umpire, or third arbitrator.

(2.) If the appointment is not made within seven clear days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an arbitrator, umpire, or third arbitrator, who shall have the like powers to act in the reference and make an award as if he had been appointed by consent of all parties.

lb. s. 5.

parties in

543. Where a submission provides that the reference Power for shall be to two arbitrators, one to he appointed by each party, then, unless the submission expresses a contrary intention,-

(1.) if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place; and

(2.) if, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substi- tution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbi- trator may appoint that arbitrator to act as sole

certain cases to supply vacancy

among arbi-

trators. lb. s. 6.

244

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Powers of arbitrator

or umpire, and pro- cedure on reference.

52 & 53 Vict. c. 49 s. 7.

0.36 r. 48.

Ib. r. 49.

Ib. r. 50.

Ib. r. 51

Ib. r. 53.

Suing out of subpœna.

52 & 53 Vict. c. 49 s. 8.

Enlargement

of time for making award. Ib, 8. 9.

arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent:

Provided that the Court may set aside any appointment made in pursuance of this section.

544.--(1.) The arbitrators or umpire acting under a sub- mission shall, unless the submission expresses a contrary intention, have power-

(a.) to administer oaths to the parties and witnesses

appearing; and

(b.) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court; and

(c.) to correct in an award any clerical mistake or error

arising from any accidental slip or omission.

(2.) The arbitrators or umpire acting under a submission shall also have such authority, and shall conduct the re- ference in such manner, as is hereinafter mentioned, that is to say,-

(a.) they may hold the proceedings on the reference at or adjourn them to any place which they may deem most convenient, and have any inspection or view which they may deem expedient for the better disposal of the controversy before them; (b.) evidence shall be taken on the reference, and the attendance of witnesses may be enforced by subpœna, and the proceedings on the reference shall be con- ducted in the same manner, as nearly as circum- stauces will admit, as trials are conducted before the Court;

(c.) they shall have the same authority with respect to discovery and production of documents, and in the conduct of the reference, as the Court;

(d.) nothing in this section shall authorize them to com- mit any person to prison or to enforce any order by committal or otherwise; and

(e.) when they make an award they sl:all immediately thereafter cause notice thereof to be given in writing to all the parties to the reference before them. 545. Any party to a submission may sue out a writ of subpœna ad testificandum or a writ of subpœna duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

546. The time for making an award may from time to time be enlarged by order of the Court, whether the time for making the award has expired or not.

547.-(1.) In all cases of reference to arbitration the Remitting of Court may from time to time remit the matters referred, or any of them, to the re-consideration of the arbitrators or umpire.

award.

lb. s. 10.

Misconduct

(2.) Where an award is remitted, the arbitrators or um- pire shall, unless the order otherwise directs, make their award within three months after the date of the order.

548.-(1.) Where an arbitrator or umpire has miscop- of arbitrator ducted himself, the Court may remove him. or umpire. lb. s. 11.

Application to set aside award.

0.64 r. 14. Enforcement of award.

52 & 53 Vict. c. 49 s. 12.

0.42 r. 31 A.

Reference of question arising in

(2.) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set aside the award.

549. An application to set aside an award may be made within one month after such award has been made and published to the parties.

550.-(1.) An award may, by leave of the Court, be enforced in the same manner as a judgment or order of the Court to the same effect.

(2.) An award may, by leave of the Court and on such terms as may be just, be enforced at any time though the time for applying to set it aside has not elapsed.

Reference under Order of Court.

551.--(1.) Subject to the provisions of this Code and to any right to have particular cases tried by a jury, the Court may refer any question arising in any cause or matter (other than a criminal proceeding by the Crown) inquiry and for inquiry and report to a special referee.

cause or matter for

•

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(2) The report of a special referee may be adopted report by wholly or partially by the Court, and, if so adopted, may referee, etc. be enforced in the same manner as a judgment or order of 52 & 53 Vict. the Court to the same effect.

c. 49 s. 13.

552. In any cause or matter (other than a criminal pro- Reference of ceeding by the Crown),-

(1.) if all the parties interested who are not under

disability consent; or (2.) if the cause or matter requires any prolonged ex- amination of documents or any scientific or local in- vestigation which cannot, in the opinion of the Court, conveniently be made before a jury or conducted by the Court through its other ordinary officers; or (3.) if the question in dispute consists wholly or in

part of matters of account,

the Court may at any time order the whole cause or matter, or any question or issue of fact arising therein, to be tried before a special referee or arbitrator respectively agreed on by the parties or before an officer of the Court.

cause or

matter, or of

question therein, for trial before referee, etc. 7b. s. 14.

553. In every case of reference to a special referee or Powers of arbitrator or to an officer of the Court under an order of referee,

and pro- the Court in any cause or matter, the special referee or cedure on arbitrator shall be deemed to be an officer of the Court, and reference. such special referee, arbitrator, or officer shall have such Ib. s. 15 (1.). authority, and shall conduct the reference in such manner, as is hereinafter mentioned, that is to say,―

(1.) he may, subject to the order of the Court, hold the O. 36 r. 48.

trial at or adjourn it to any place which he may deem most convenient, and have any inspection or view which he may deem expedient for the better disposal of the controversy before him. If he is appointed by an order of the Court, he shall, unless otherwise direct- ed by the Court, proceed with the trial de die in diem, in a similar manner as in an action tried with a jury;

(2.) subject to any order to be made by the Court, 1b. r. 49.

evidence shall be taken at the trial, and the attend- ance of witnesses may be enforced by subpænɑ, and the trial shall be conducted in the same manner,

as nearly as circumstances will admit, as trials are conducted before the Court:

(3.) subject to any such order as last aforesaid, he shall 16. r. 50.

have the same authority with respect to discovery and production of documents, and in the conduct of the trial or reference, and the same power to direct that judgment be entered for any or either party, as the Court;

(4.)-nothing in this section shall authorize him to com- Ib. r. 51.

mit any person to prison or to enforce any order by committal or otherwise;

(5.) he may, before the conclusion of the trial before Ib. r. 52.

him, or by his report or award under the reference made to him, submit any question arising therein for the decision of the Court, or state any facts specially, with power to the Court to draw inferences there- from, and in any such case the order to be made on such submission or statement shall be entered as the Court may direct; and the Court shall have power to require any explanation or reasons from him and to remit the cause or matter, or any part thereof, for re-trial or further consideration to him or to any other special referee, arbitrator, or officer of the Court; or the Court may decide the question referred to him on the evidence taken before him, either with or without additional evidence as the Court may direct;

(6.) when he makes a report or award he shall imme- 7b. r. 53.

diately thereafter cause notice thereof to be given in writing to all the parties to the trial or reference before him;

(7.) where a report or award has been made in a cause Ib. r. 54.

or matter, the further consideration of which has been adjourned, it shall be lawful for any party, on the hearing of such further consideration, without notice. of motion or summons, to apply to the Court to adopt the report or award, or without leave of the Court to give not less than four days' notice of motion, to come on with the further consideration, to vary the repoort to rremit the cause or matter.

245

246

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901,

0.36 r. 55.

lb. r. 55B.

Judgment to

referee.

0. 40 r. 2.

or any part thereof for re-trial or further con- sideration to the same or any other special referee, arbitrator, or officer of the Court;

(8.) where a report or award has been made in a cause or matter, the further consideration of which has not been adjourned, it shall be lawful for any party, by an eight days' notice of motion, to apply to the Court to adopt and carry into effect the report or award, or to vary the report or award, or to remit the cause or matter or any part thereof for re-trial or further consideration to the same or any other special referee, arbitrator, or officer of the Court; and (9.) he may, subject to any directions in the order of

reference, exercise the same discretion as to costs as the Court could have exercised.

554. Where at the trial a special referee, arbitrator, or be entered by officer of the Court abstains from directing any judgment to be entered, the plaintiff may set down a motion for judgment. If he does not set down such a motion and give notice thereof to the other parties within ten days after the trial, any defendant may set down a motion for judgment, and give notice thereof to the other parties.

referee. Ib. r. 6.

Setting aside

555. Where at the trial a special referee, arbitrator, judgment of or officer of the Court directs that any judgment be entered, any party may move to set aside such judgment, and to enter any other judgment, on the ground that, upon the finding as entered, the judgment so directed is wrong.

Effect of report or

556. The report or award of any special referee, arbi- trator, or officer of the Court on any such reference shall, award. unless set aside by the Court, be equivalent to the verdict c. 49 s. 15 (2.) of a jury.

52 & 53 Vict.

Remunera- tion of re- feree, etc.

Ib. s. 15 (3.)

Powers of the Court. Ib. s. 16.

Compelling attendance of witness before re- feree, etc. Ib. s. 18.

Statement of

557. The remuneration to be paid to any special referee, arbitrator, or officer of the Court to whom any matter is referred under an order of the Court shall be determined by the Court.

558. The Court shall, as to any reference under an order of the Court, have all the powers which are by this Chapter conferred on the Court as to a reference by consent out of Court.

General Provisions.

559.--(1.) The Court may order that a writ of subpoena ad testificandum or of subpœna duces tecum shall issue to compel the attendance before a special referee, or before any arbitrator, umpire, or officer of the Court, of a witness wherever he may be within the Colony.

(2.) The Court may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before a special referee or before any arbi- trator, umpire, or officer of the Court.

60. Any special referee, arbitrator, or umpire or officer special case of the Court may, at any stage of the proceedings under a pending reference, and shall, if so directed by the Court, state in the arbitration.

form of a special case for the opinion of the Court any lb. s. 19.

question of law arising in the course of the reference.

Costs.

Ib. s. 20.

Punishment

for perjury. Ib. s. 22.

The Crown

to be bound by Chapter

24.

lb. s. 23.

561. Any order made under this Chapter may be made on such terins as to costs, or otherwise, as the authority making the order thinks just.

562. Every person who wilfully and corruptly gives false evidence before any special referee, arbitrator, or umpire or officer of the Court shall be guilty of perjury, as if the evidence had been given in open Court, and may be dealt with, prosecuted, and punished accordingly.

563. This Chapter shall, except as in this Chapter expressly mentioned, apply to any arbitration to which Her Majesty the Queen is a party, but nothing in this Chapter shall empower the Court to order any proceedings to which Her Majesty is a party, or any question or issue in any such proceedings, to be tried before any special referee, arbitrator, or officer without the consent of Her Majesty, or shall affect the law as to costs payable by the Crown. Application of Chapter 24 564. This Chapter shall apply to every arbitration to references under Ordinance passed before or after the commence-

any ment of this Code as if the arbitration were pursuant to a submission, except in so far as this Chapter is incon-

under statu-

tory powers. Ib. s. 24.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901,

sistent with the Ordinance regulating the arbitration or with any rules or procedure authorized or recognized by that Ordinance.

arbitrations.

565. This Chapter shall not affect any arbitration Saving as to pending at the commencement of this Code, but shall pending apply to any arbitration commenced after the commence- 52 & 53 Vict. ment of this Code under any agreement or order made before the commencement of this Code.

c. 49 s. 25

247

-K

PART III.

PROVISIONAL REMEDIES.

CHAPTER XXV.

ARREST AND ÁTTACHMENT BEFORE JUDGMENT.

Arrest of Absconding Defendant.

appearance

566. If in any action, not being an action for the re- Application covery of immovable property, the defendant is about to for taking leave the jurisdiction of the Court, or has disposed of or security for removed from the jurisdiction of the Court his property or of defendant any part thereof, the plaintiff may, either at the institution in certain of the action or at any time thereafter until final judgment, cases. apply to the Court to call upon the defendant to furnish H. K. Code,

　　　　　　　　　　　　　　　　　　s. 16 (1.) sufficient security for his appearance to answer any judg- ment that may be given against him in the action.

Issue of

bringing before the Court to show cause why he

567. If the Court, after making such investigation as it may consider necessary, is of opinion that there is warrant for probable cause for believing that the defendant is about defendant to leave the jurisdiction, or that he has disposed of or removed from the jurisdiction his property or any part thereof, and that in either case, by reason thereof, the

　　　　　　　　　　　　　　　　　　　　　should not execution of any judgment that may be given against him

　　　　　　　　　　　　　　　　　　give security. in the action is likely to be obstructed or delayed, it shall b. s. 16 (2.). be lawful for the Court to issue a warrant to the Bailiff Schedule: enjoining him to bring the defendant before the Court that Forms Nos. he may show cause why he should not give security for 41 and 42. his appearance to answer any judgment that may be given against him in the action.

569.-(1.) If the defendant shows such cause, the war- Showing rant shall be discharged and the defendant be released.

cause, and procedure

(2.) If the defendant fails to show such cause, the Court thereon. shall order him to give sufficient bail for his appearance Ib. s. 16 (3.), at any time when called upon while the action is pending (4) and until the execution of any judgment that may be given Form No. 43. against him in the action.

Schedule:

(3.) The surety or sureties giving such bail shall under- Schedule: take, in default of such appearance, to pay any sum of Form No. 44. money that may be adjudged against the defendant in the action, with costs.

(4.) If the defendant offers, in lieu of giving bail, to deposit in Court a sum of money or other valuable proper- ty, sufficient to answer any sum of money that may be adjudged against him in the action, with costs, the Court may accept such deposit in lieu of bail.

569.-(1.) If the defendant complies with the order of the Court, the warrant shall be discharged and the defend- committal to ant be released.

(2.) If the defendant does not comply with the order of the Court, he may be committed to prisou until the de- cision of the action, or, if judgment is given against him, until the execution of the judgment, or until the further order of the Court.

Release or

custody of defendant.

76. s. 16 (5.)

of bail or for

570. A defendant who has given bail for his appear- Application ance, or who has been committed to prison for default in by defendant giving such bail, may at any time apply to the Court for for discharge the discharge of his bail or for his release from prison, as release from the case may be, on the ground that the plaintiff has not prison. used due diligence in the prosecution of the action, and, New. on the hearing of the application, the Court may make such order as may seem just.

571.-(1.) If it appears to the Court that the arrest Power to of the defendant was applied for on insufficient grounds, award limit- or if the action is dismissed or judgment is given against tion to de-

ed compensa- the plaintiff by default or otherwise, and it appears to

248

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

arrest H. K. Code, s. 16 (6.)

fendant for the Court that there was no probable ground for institut- unjustifiable ing the action, the Court may, on the application of the defendant, made either before or at the time of the pro- nouncing of the judgment, award against the plaintiff such amount, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the arrest: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.

Application for taking

defendant or for attach-

(2.)

(2.) An award of compensation under this section shall bar any action for damages in respect of the arrest.

Interim Attachment of Property of Defendant.

572.--(1.) If in any action the defendant, with intent to obstruct or delay the execution of any judgment that security from may be given against him in the action, is about to dispose of his property, or any part thereof, or to remove any such ment of his property from the jurisdiction of the Court, the plaintiff property in may, either at the institution of the action or at any certain cases. time thereafter until final judgment, apply to the Court Ib. s. 17 (1.),

to call upon the defendant to furnish sufficient security to produce and place at the disposal of the Court, when required, bis property, or the value of the same, or such portion thereof as may be sufficient to answer any judg- ment that may be given against him in the action, and, in the event of his failing to furnish such security, to direct that any property, movable or immovable, belonging to the defendant shall be attached until the further order of the Court.

Issue of war- rant requir- ing defend- ant to furnish

security or to

appear and show cause,

and attach ing his pro- perty. Ibs. 17 (3.), (5.) Schedule:

Form No. 45.

Showing

cause, and procedure thereon.

Ib. s. 17 (4.), (5.)

Saving of rights of

(2.) The application shall contain a specification of the property required to be attached, and the estimated value thereof, so far as the plaintiff can reasonably ascertain the

same.

(3.) There shall be filed with the application an affidavit to the effect that the defendant is about to dispose of or remove his property or some part thereof, with such intent as aforesaid.

573.-(1.) If the Court, after making such investiga- tion as it may consider necessary, is of opinion that there is probable canse for believing that the defendant is about to dispose of or remove his property, or some part thereof, with such intent as aforesaid, it shall be lawful for the Court to issue a warrant to the Bailiff commanding him to call upon the defendant, within a time to be fixed by the Court, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property, or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be given against him in the action, or to appear before the Court and show cause why he should not furnish such security.

(2.) The Court may also in the warrant direct the attach- ment until further order of the whole or any portion of the property of the defendant within the Colony."

(3.) The attachment shall be made, according to the nature of the property to be attached, in the manner pre- scribed in Chapter 16 for the attachment of property in execution of a judgment for money. ·

574.-(1.) If the defendant shows such cause or fur- nishes the required security within the time fixed by the Court, and the property specified in the application, or any portion thereof, has been attached, the Court shall order the attachment to be withdrawn.

(2.) If the defendant fails to show such cause or to furnish the required security within the time fixed by the Court, the Court may direct that the property specified in the application, if not already attached, or such portion thereof as may be sufficient to answer any judgment that may be given against the defendant in the action, shall be attached until the further order of the Court.

575. The attachment shall not affect the rights of any persons not being parties to the action, and in the event other persons of any claim being preferred to the property attached -

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

before judgment, such claim shall be investigated in the under attach- manner prescribed in Chapter 16 for the investigation of ment.

H. K. Code, claims to property attached in execution of a judgment. s. 17 (6.)

576. In any case of attachment before judgment, the Removal of Court shall at any time remove the same, on the defendant attachment furnishing the required security, together with security for on furnish-

ing of sc-

the costs of the attachment.

curity.

attachment.

577.-(1.) If it appears to the Court that the attach- 16. s. 17 (7.) ment was applied for on insufficient grounds, or if the Power to action is dismissed, or judgment is given against the award limit- ed compensa- plaintiff by default or otherwise, and it appears to the tion to de- Court that there was no probable ground for instituting fendant for the action, the Court may, on the application of the de- unjustifiable fendant, made either before or at the time of the pronounc- 1b. s. 17 (8.) ing of the judgment, award against the plaintiff such amount, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by reason of the attachment: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.

(2.) An award of compensation under this section shall bar any action for damages in respect of the attachment.

Arrest and Detention of Ship.

cial circum-

578. Where the extreme urgency or other peculiar Arrest and circumstances of the case appear to the Court so to require, detention of it shall be lawful for the Court, on the application of the ship in spe- plaintiff in any action or of its own motion, by warrant stances. under the seal of the Court, to stop the clearance or to Ib. s. 19 (1.) order the arrest and detention by the Bailiff of any ship about to leave the Colony (other than a ship enjoying immunity from civil process), and such clearance shall be stopped or the ship arrested and detained accordingly Provided that no such warrant shall be issued at the instance of any plaintiff unless the application for the issue thereof is supported by an affidavit of the facts.

579. The Court may at any time release a ship de- tained under the last preceding section, on such terms as it may think just.

Release of ship under detention. lb. s. 19 (3.)

530.-(1.) If it appears to the Court that the warrant Power to was applied for ou insufficient grounds, or if the action is award limit- dismissed, or judgment is given against the plaintiff by ed compensa- default or otherwise, and it appears to the Court that there tion for un-

　　　　　　　　　　　　　　　justifiable was no probable ground for instituting the action, the arrest and Court may, either before or at the time of pronouncing its detention. judgment, award against the plaintiff such amount, not Ib. s. 19 (2.) exceeding one thousand dollars, as it may deem a reason- able compensation for any injury or loss occasioned by the issue of the warrant, and such compensation shall be paid to such parties as the Court may direct: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages.

(2.) An award of compensation under this section shall bar any action for damages in respect of the arrest and detention of the ship.

CHAPTER XXVI.

TEMPORARY INJUNCTION.

581.-(1.) In any action in which it is shown, to the Granting of satisfaction of the Court, that any property in dispute in injunction to the action is in danger of being wasted, damaged, or alien- stay waste, damage, or ated by any party to the action, it shall be lawful for the alienation of Court to issue an injunction to such party, commanding property. him to refrain from doing the particular act complained 16. s. 18 (1.) of, or to give such other order for the purpose of staying and preventing him from wasting, damaging, or alienating the property as to the Court may seem fit.

(2.) In case of disobedience, the injunction may be en- forced by the committal to prison of the person disobeying

it.

　　　　　　　　　　　　　　　　　　　　breach of for damages or not, it shall be lawful for the plaintiff, at any time after the commencement of the action and

249

250

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

contract or

other injury, H. K. Code, s. 18 (2.)

Giving

notice of

whether before or after judgment, to apply to the Court for: an injunction to restrain the defendant from the repetition or continuance of the breach of contract or injury com- plained of, or the commission of any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

(2.) The injunction may be granted by the Court on such terins as to the duration of the injunction, keeping an account, giving security, or otherwise, as may seem just.

(3.) In case of disobedience, the injunction may be en- forced by the committal to prison of the person disobeying it.

583. The Court shall in all cases under this Chapter, except where it appears that the object of granting an application injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same Indian Code, to be given to the opposite party.

for

injunction.

8. 494.

Effect of injunction directed to

company or corporation. Ib. s. 495. Discharge, etc., of order for injunc- tion

Ib. s. 496.

Power to

tion to

tion. II. K. Code, s. 18 (4.)

584. An injunction directed to a public company or corporation shall be binding not only on the company or corporation itself, but also on all members and officers of the company or corporation whose personal action it seeks to restrain.

55. Any order for an injunction made under this Chapter may, on application made for that purpose by any party affecte by the order, be discharged, or varied, or set aside by the Court, on such terms as may seem just.

586-(1.) If it appears to the Court that the in- award limit- junction was applied for ou insufficient grounds, or if the ed compensa-action is dismissed, or judgment is given against the defendant plaintiff by default or otherwise, and it appears to the for unjusti- Court that there was no probable ground for instituting fiable injunc- the action, the Court may, on the application of the de- fendant, made either before or at the time of the pronounc- ing of the judgment, award against the plaintiff such amount, not exceeding one thousand dollars, as it may deem a reasonable compensation to the defendant for any injury or loss which he may have sustained by the issue of the injuuction: Provided that the Court shall not award a larger sum by way of compensation under this section than it is competent to the Court to award in an action for damages. (2.) An award of compensation under this section shall bar any action for damages in respect of the issue of the injunction.

Appointment of receiver of property in dispute and

CHAPTER XXVII.

RECEIVER.

587. Whenever it appears to the Court to be neces- sary for the realization, preservation, or better custody or management of any property, the subject of an action or other proceeding or under attachment, the Court may ap- point a receiver of such property, and, if necessary, order 1b. s. 18 (1.) all or any of the following things, namely,-

powers of receiver.

Appointment of receiver by way of equitable execution. 0.50 r. 15

Giving of security by,

(1.) the removal of the person in whose possession or custody the property may be from the possession or custody thereof;

(2.) the commitment of such property to the custody

or management of such receiver;

(3.) the granting to such receiver of all such powers as to bringing and defending actions and other pro- ceedings, and for the realization, management, pro- tection, preservation, and improvement of the property, for the collection of the rents and profits thereof, for the application and disposal of such rents and profits, and for the execution of instruments in writing as the owner himself has, or such of those powers as the Court thinks fit.

588. In every case in which an application is made for the appointment of a receiver by way of equitable exe- cution, the Court, in determining whether it is just and convenient that such appointment should be made, shall A. have regard to the amount of the debt claimed by the applicant, to the amount which may probably be obtained by the receiver, and to the probable costs of his appoint- ment, and may, if it thinks fit. direct any inquiries on these or other matters before making the appointment.

589. Where an order is made directing a receiver to be appointed, the person to be appointed shall, unless

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

otherwise ordered, first give seenrity, to be allowed by the and salary Court and, taken before the Registrar, duly to account for of, receiver. what he shall receive as such receiver and to

the same pay

as the Court may direct; and the person so to be appointed shall, unless otherwise ordered, be allowed a proper salary or allowance by way of fees or commissions or otherwise, as the Court may think fit.

O. 50 r. 16.

Chambers person named as receiver may give security as in the last preceding section

for giving of mentioned, and may thereupon direct such judgment or Ib. r. 17. security. order to be drawn up.

may,

accounts

Ib. r. 18.

591.-(1.) When a receiver is appointed with a direc- Fixing of tion that he shall pass accounts, the Court shall fix the times for days upon which he shall (annually or at longer or shorter leaving and periods) leave and pass such accounts, and also the days passing upon which he shall pay the balances appearing due on the and paying accounts so left, or such part thereof as may be certified as balances. proper to be paid by him: Provided that the Court ou good cause shown, enlarge any such period.

(2.) If any such receiver neglects to leave and pass his accounts and pay the balances thereof at the times so fixed or enlarged for that purpose as aforesaid, the Court may from me to time, when his subsequent accounts are produced to be examined and passed, disallow the salary or allowance therein claimed by such receiver, and may also, if it thinks fit, charge him with interest at the rate for the time being fixed by the Court upon the balances so neglected to be paid by him during the time the same may appear to have remained in his hands.

Leaving and

592.--(1.) Every such receiver shall leave with the Registrar his account, together with an affidavit verifying passing of

the same.

(2.) An appointment shall thereupon be obtained by the plaintiff or the person having the conduct of the cause or matter for the purpose of passing such account.

account. lb. r. 20.

593. In case of any such receiver failing to leave such Proceedings account or affidavit, or to pass such account, or to make any on default payment or otherwise, the receiver or the parties, or any made in leav- of them, may be required to attend at Chambers to show ing or passing cause why such account or affidavit has not been left, or Ib. r. 21.

account, etc. such account passed, or such payment made, or any other proper proceeding taken, and thereupon such directions as may be proper may be given at Chambers or by adjourn- ment into Court, including the discharge of any receiver and the appointment of another, and payment of costs.

251

PART IV.

APPEALS.

CHAPTER XXVIII.

APPEAL TO THE FULL COURT.

594. The right of appeal from decisions of the Judges Right of of the Court is regulated by section 18 of the Supreme appeal from Court Ordinance, 1873.

decisions of Judges. No. 12 of

595.-(1.) From and after the commencement of this Code every motion for a new trial, or to set aside a verdict, 1873. finding, or judginent, in any cause or matter in which Motions for there has been a trial thereof or of any issue therein with be heard by a jury shall be heard and determined by the Full Court the Full and not by the Court.

new trial to

Court. Jud. Act,

(2.) This section shall extend to every such motion of 1890, s. 1. which notice may have been given, whether before or after the commencement of this Code, but which has not been heard before the commencement of this Code.

596. The Full Court may in any cause or matter, on such terms as may seem just, order a new trial, with or without a stay of proceedings.

General power to

order new

trial. H. K. Code, s. 68 (1.)

597.-(1.) Any application for a new trial shall be made on notice of motion filed not later than fourteen days after Application the date of the verdict ; and no rule nisi, order to show for new trial. cause, or formal proceeding other than such notice of

Ib. 8. 68 (2.)- motion shall be made or taken.

(4.)

0.39 r. 3.

252

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(2.) The notice shall state the grounds of the appli cation, and whether all or part only of the judgment or verdict is complained of.

(3.) The notice shall not of itself operate as a stay of proceedings; but any money in Court in the cause or matter shall be retained to abide the result of the motion or the further order of the Full Court.

(4.) After the expiration of such fourteen days, an application for such new trial shall not be admitted, except by special leave of the Full Court, on such terms as may scem just.

Grounds for 598.-(1.) A new trial may be granted on the ground granting or of the discovery of new matter or evidence which was refusing new not within the knowledge of the applicant, or could not

have been adduced by him, at the trial.

trial.

H. K. Code, 8.:68 (7.)

0.39 r. 6.

lb. r. 8.

Power to

order new

(2.) A new trial shall not be granted on the ground of misdirection or of the improper admission or rejection of evidence, or because the verdict of the jury was not taken upon a question which the Court at the trial was not asked to leave to them, unless in the opinion of the Full Court some substantial wrong or miscarriage has been thereby occasioned in the trial; and if it appears to the Court that such wrong or miscarriage affects part only of the matter in controversy, or some or one ouly of the parties, the Full Court may give final judgment as to part thereof or to some or one only of the parties, and direct a new trial as to the other part only or as to the other party or parties. (3.) A new trial shall not be granted by reason of the ruling of the Court that the stamp upon any document is sufficient or that the document does not require a stamp.

599 A new trial may be ordered on any question, what- ever may be the grounds for the new trial, without interfer- trial on any ing with the finding or decision on any other question.

one question. Ib. r. 7.

Power to order non- suit, etc. H. K. Code, s. 65 (5.) Orderfor new trial, etc.

600. On any motion for a new trial, the Full Court shall have power to order a nonsuit or verdict to be entered, although no leave has been reserved at the trial.

601. In every order for a new trial or to enter a non- suit or verdict, the grounds on which the order has been made shall be shortly stated therein.

602. When a new trial is granted on the ground that Ord. No. 6 of 1855 s. 27. the verdict was against evidence, the costs of the first Costs of first trial shall abide the event, unless the Full Court other- trial where wise orders.

new trial

ordered.

Ib. s. 28.

603.-(1.) On an order for a new trial either party may, if he is entitled thereto under the provisions of Right to jury Chapter 11, demand a jury for the second trial, though the

first was without a jury.

on second

trial.

H. K. Code, s. 68 (5.)

Recording of grant of

(2.) The Full Court may, if it thinks fit, make it a condition of granting a new trial that the trial shall be with a jury.

604. When an application for a new trial is granted, a note thereof shall be made in the Cause-Book, and the application, Full Court shall give such order in regard thereto as it Ib. s. 68 (8.) may deem proper in the circumstances of the case.

for new trial.

Restriction

on right of appeal.

36 & 37 Vict. c. 66 s. 49.

Limit of time

605. No order made by the Court by the consent of parties or as to costs only, which by law are left to the discretion of the Court, shall be subject to any appeal, except by leave of the Court.

606.-(1.) No appeal to the Full Court from any de- for appealing cision of the Court shall, except by special leave of the Full

Court, be brought after the expiration of six months.

from decis- ion, and security for costs.

0.58 r. 15.

Appeal to be by re-hearing

on motion. Ib. r. 1.

(2.) The period of six months shall be calculated from the time when the decision was pronounced.

(3.) Such deposit or other security for the costs to be occasioned by an appeal shall be made or given as may be directed under special circumstances by the Full Court.

607. (1.) Every appeal to the Full Court from a de- cision of the Court shall be by way of re-hearing, and shall be brought by notice of motion in a summary way, and no petition, case, or other formal proceeding, other than such notice of motion, shall be necessary.

(2.) The appellant may by the notice of motion appeal from the whole or any part of any decision, and the notice of motion shall state whether the whole or part only of such decision is complained of, and in the latter case shall specify such part.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

̈608.-(1.) The notice of motion shall be served on all Service of parties directly affected by the appeal, and it shall not be notice of necessary to serve parties not so affected; but the Full motion for

appeal, etc. Court may direct the notice of motion to be served on all or 0.56 r. 2. any parties to the action or other proceeding, or on any person not a party, and in the meantime may postpone or adjourn the hearing of the appeal on such terms as may be just, and may give such judgment and make such order as might have been given or made if the persons served with such notice had been originally parties.

(2.) The notice of motion may be amended at any time as the Full Court may think fit.

609. The notice of motion shall be a fourteen days' Length of notice.

notice of motion.

Court in

610.-(1.) The Full Court shall have all the powers b. r. 3. and duties as to amendment and in all other respects of the General Court, together with full discretionary power to receive further powers of evidence upon questions of fact, such evidence to be either the Full by oral examination in Court, by affidavit, or by deposition taken before the Registrar or a commissioner.

(2.) Such further evidence may be given without special leave on any interlocutory application, or in any case as to matters which have occurred after the date of the decision from which the appeal is brought.

(3.) On any appeal from a judgment after the trial or hearing of any cause or matter on the merits, such further evidence (save as to matters subsequent as aforesaid) shall be admitted on special grounds only, and not without special leave of the Full Court.

(4.) The Full Court shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.

(5.) The powers aforesaid may be exercised by the Full Court, notwithstanding that the notice of motion may be that part only of the decision may be reversed or varied, and such powers may also be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have appealed from or complained of the decision.

hearing ap- peal. Ib. r. 4.

trial.

611. If, on the hearing of an appeal, it appears to lower to the Full Court that a new trial ought to be had, it shall order new be lawful for the Full Court, if it thinks fit, to order that Ib. v. 5. the verdict and judgment, or the ju lgment, as the case may be, shall be set aside, and that a new trial shall be had.

612. The Full Court shall have power to make such order as to the whole or any part of the costs of the appeal as may be just.

Power as to costs.

Ib. r. 4.

respondent.

613.--(1.) It shall not, under any circumstances, be Notice of necessary for a respondent to give notice of motion by appeal by way of cross appeal, but if a respondent intends, on the Ib. Ÿ. 6. hearing of the appeal, to contend that the decision of the Court should be varied, he shall, within the time specified in the next succeeding section or such time as may be prescribed by special order, give notice of such intention to any parties who may be affected by such contention.

(2.) The omission to give such notice shall not diminish the powers of the Full Court, but may, in the discretion of the Full Court, be ground for an adjournment of the appeal or for a special order as to costs.

Length of

614. Subject to any special order which may be made by the Full Court, notice by a respondent under the last notice by

　　　　　　　　　　　　　　　　　　　　respondent. preceding section shall be an eight days' notice.

lb. r. 7.

615. The party appealing from a judgment or order Setting down shall leave with the Registrar a copy of the notice of appeal. motion to be filed, and the Registrar shall thereupon set 1b. r. 8. down the appeal by entering the same in the proper list of appeals, and it shall come on to be heard according to its order in such list, unless the Full Court otherwise directs, but so as not to come into the paper for hearing before the day named in the notice of motion..

616. When any question of fact is involved in an Evidence on appeal, the evidence taken in the Court bearing on such appeal as to question shall, subject to any special order, be brought question of before the Full Court as follows:

fact. Ib. r. 11.

253

254

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901,

Transcript of

(1.) as to any evidence taken by affidavit, by the pro-

duction of the affidavits; and

(2.) as to any evidence given orally, by the production of the Judge's notes, or such other materials as the Full Court may deem expedient.

617. Not less than five days before the day fixed for proceedings. the hearing of the appeal the appellant shall deliver to New.

each of the Judges a complete transcript of the proceedings in the case.

Evidence as

to direction of Judge to jury or asses-

sors.

0.58 r. 13.

Interlocu- tory order

not to pre-

judice appeal.

Ib. r. 14.

Stay of pro- ceedings. lb. r. 16.

Mode of making in-

618. If, on the hearing of an appeal, any question arises as to the ruling or direction of the Judge to a jury or assessors, the Full Court shall have regard to verified notes or other evidence, and to such other materials as the Full Court may deem expedient.

619. No interlocutory order or rule from which there has been no appeal shall operate so as to bar or prejudice. the Full Court from giving such decision upon the appeal as may be just.

620. An appeal shall not operate as a stay of execution or of proceedings under the decision appealed from, except so far as the Court or the Full Court may order; and no intermediate ret or proceeding shall be invalidated, except so far as the Court or the Full Court may direct.

621. Every application to the Full Court incidental to an appeal shall be by motion, and the provisions of cidental ap- Chapter 10 relating to motions shall apply thereto. plication.

Ib. r. 18.

Interest

622. On any appeal from a decision of the Court interest at the rate for the time being fixed by the Court where exc- for such time as execution has been delayed by the appeal cution delay. ed by appeal. shall be allowed, unless the Full Court otherwise orders, Ib. r. 19. and the Registrar may compute such interest without any

order for that purpose.

Right of appeal from decisions of

the Full Court.

Counsel in Chambers.

0.55 r. 1 A.

Course of

CHAPTER XXIX.

APPEAL TO THE QUEEN-IN-Council.

623. The right of appeal from decisions of the Full- Court to Her Majesty-in-Council and the procedure on such appeals are regulated by any Royal Instructions or other orders or directions issued by Her Majesty in that behalf and for the time being in force and by the practice of the Judicial Committee of Iler Majesty's Privy Council for the time being in force.

PART V.

MISCELLANEOUS MATTERS.

CHAPTER XXX.

BUSINESS IN CHAMBERS.

General Provisions.

624. In any proceeding in Chambers any party may, if he so desires, be represented by counsel.

625 (1.) The course of proceeding in Chambers proceeding shall ordinarily be the same as the course of proceeding

in Court upon motions.

in Cham- bers. Ib. r. 37.

Entry of

summons in

Summons Book. Ib. r. 38.

Determina-

(2) Copies, abstracts, or extracts of or from accounts, deeds, or other documents and pedigrees and concise state- ments shall, if directed, be supplied for the use of the Court, and, where so directed, copies shall be delivered to the other parties.

(3.) No copies shall be made of any deed or other docu- ment where the original can be brought in, unless the Court otherwise directs.

626. At the time when any summons is obtained, an entry thereof shall be made in the Summons Book, stating the date on which the summons is issued, the name of the: cause or matter, and by what party, and shortly for what purpose such summons is obtained, and at what time such summons is returnable.

Administrations and Trusts.

627. The executors or administrators of a deceased per- tion on origi- son or any of them, and the trustees under any deed or nating sum

instrument or any of them, and any person claiming to be mons of

interested in the relief sought as creditor, devisce, legatee, next of kin, or heir-at-law of a deceased person, or as cestui que trust under the trust of any deed or instrument,

questions re- lating to ⚫ estate of

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

or as claiming by assignment or otherwise under any deccased such creditor or other person as aforesaid, may take out, as person or to of course, an originating summons returnable in Chambers express trust. for such relief of the nature or kind following as may by 0.55 r. 3. the summons be specified and as the circumstances of the case may require, that is to say, the determination, without an administration of the estate or trust, of any of the fol- lowing questions or matters :--

(1.) any question affecting the rights or interests of the person claiming to be creditor, devisee, legatee, next of kin, heir-at-law, or cestui que trust ;

(2.) the ascertainment of any class of creditors, devisees,

legatees, next of kin, or others;

(3.) the furnishing of any particular accounts by the exe- cutors or administrators or trustees, and the vouching, when necessary, of such accounts;

(4.) the payment into Court of any money in the hands

of the executors or administrators or trustees ; (5.) a direction to the executors or administrators or trus- tees to do or abstain from doing any particular act in their character as such executors or administrators or

trustees;

(6.) the approval of any sale, purchase, compromise, or

other transaction; and

(7.) the determination of any question arising in the

administration of the estate or trust.

623. Any of the persons mentioned in the last preced- ing section may in like manner apply for and obtain an order for-

person;

Making of order on ori ginating sum mons for ad-

(1.) the administration of the personal estate of the de- ministration

ceased (2.) the administration of the real estate of the deceased

person; and

(3.) the administration of the trust.

of estate of deceased per- son or of trust. Ib. r. 4.

629. The persons to be served with the summons Persons to be under the last two preceding sections in the first instance served with shall be the following, that is to say,-

originating

summons:

(1.) where the summons is taken out by an exccutor or Ib. v. 5.

administrator or trustee,

(a.) for the determination of any question under süb- section (1.), (5.), (6.), or (7.) of section 627, the per- sous, or one of the persons, whose rights or interests are sought to be affected;

(b.) for the determination of any question under sub- section (2.) of section 627, any member or alleged member of the class;

(c.) for the determination of any question under sub- section (3.) of section 627, any person interested in taking such accounts;

(d.) for the determination of any question under sub- section (4.) of section 627, any person interested in such money;

(e.) for relief under subsection (1.) of the last preced- ing section, the residuary legatees, or next of kin, or some of them;

(f.) for relief under subsection (2.) of the last preceding section, the residuary devisees, or heirs, or some of them;

(y.) for relief under subsection (3.) of the last preced- ing section, the cestuis que trustent, or some of them ; and

(h.) if there are more than one executor or adminis- trator or trustee, and they do not all concur in taking out the summons, those who do not concur ; and (2.) where the summons is taken out by any person other than the executors or administrators or trustees, the said executors or administrators or trustees.

630. The Court may direct such other persons to be Service on served with the summons as it may think fit.

631. The application shall be supported by such evi- dence as the Court may require, and such directions may be given as the Court may think proper for the trial of any questions arising thereout.

632. It shall be lawful for the Court upon such sum- mons to pronounce such judgment as the nature of the case may require.

other persons. Ib. r. 6.

Evidence in

support of application.

lb. r. 7.

Judgment upon sum- mons. Ib. r. 8.

255

•

25€

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Carriage

633. The Court may give any special directions re- and service of lating to the carriage or execution of the judgment, or the service thereof on persons not parties, as it may think just.

judgment. 0.55 r. 9.

Right of the Court to re-

fuse to order

administra-

tion.

b. r. 10.

Orders which

634. It shall not be obligatory on the Court to pro- nounce or make a judgment or order, whether on summons or otherwise, for the administration of the estate of any deceased

person or of any trust, if the questions between the parties can be properly determined without such judg

ment or order.

635. On an application for administration or execution may be made of trusts by a creditor or beneficiary under a will, intestacy, on applica-

or deed of trust, where no accounts or insufficient accounts ministration have been rendered, the Court may, in addition to any or execution other powers vested in it,-

tion for ad-

of trusts,

where no accounts or insufficient

accounts

have been rendered. Ib. r. 10 A.

Interference

with discre- tion of exe- cutor, etc. Ib. r. 12.

Application

(1.) order that the application shall stand over for a certain time, and that the executors or administrators or trustees shall render to the applicant a proper state- ment of their accounts, with an intimation that, if that is not done, they may be made to pay the costs of the proceedings; or

(2.) when necessary, to prevent proceedings by other creditors or by persons beneficially interested, make the usual judgment or order for administration, with a proviso that no proceedings are to be taken under such judgment or order without the special leave of the Court.

636. The issue of a summons under section 627 shall not interfere with or control any power or discretion vested in any executor or administrator or trustee except so far as such interference or control may necessarily, be involved in the particular relief sought.

637. Any of the following applications under the Trus- by summons tee Ordinance, 1901, may be made by summons:

under Trus-

tee Ordin-

ance,

1901.

b. r. 13A.

(1.) an application for the appointment of a new trustee, with or without a vesting or other consequential order;

(2.) an application for a vesting or other order couse- quential on the appointment of a new trustee; and (3.) an application for a vesting or other consequential order in any case where a judgment or order has been given or made for the sale, conveyance, or transfer of any land or stock or for the suing for or recovering any chose in action.

Charitable Trusts.

Application 638.-(1.) Where the appointment or removal of any in Chambers trustee, or any other relief, order, or direction relating to for relief re- lating to any charity of which the gross annual income for the time charity with being exceeds three hundred dollars is deemed desirable, annual in- it shall be lawful for any person mentioned in the next come exceed succeeding section to make application by summons (with- ing $300. 16 & 17 Vict. out any information, action, or petition) to the Court in c. 137 s. 28. Chambers for such relief, order, or direction as the nature

of the case may require.

Persons by

whom ap- plication re- lating to charity may

be made. Ib. s. 43.

Power to Attorney

(2.) The Court may proceed upon and dispose of such application in Chambers, unless it thinks fit otherwise to direct, and shall and may have and exercise thereupon all such jurisdiction, power, and authority, and make such orders and give such directions relating to the matter of such application, as might now be exercised, made, or given by the Court in an action regularly instituted, or upon petition, as the case may require: Provided that it shall be lawful for the Court, where under the circumstances of any such application it may see fit, to direct that for obtaining the relief, order, or direction sought for by such applica- tion an information, action, or petition, as the case may require, shall be brought or presented and prosecuted, and to abstain from further proceeding on such application.

may

639. An application under the last preceding section be made by the Attorney General, or by all or any one or more of the trustees or persons administering or claiming to administer, or interested in, the charity which is the subject of the application, or by any two or more inhabitants of any city, town, village, or place within which the charity is administered or applicable.

640. It shall be lawful for the Attorney General acting ex officio, to make application by petition to the

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Court with respect to any charity under the provisions of General to the Act of Parliament 52 George III, Chapter 101, entitled apply to the "An Act to provide a Summary Remedy in Cases of Court under Abuses of Trusts created for Charitable Purposes."

Sale, Foreclosure, and Redemption.

52 Geo. 3 c. 101.

16 & 17 Vict.

c. 137 s. 43.

instead of

641.-(J.) Any person entitled to redeem mortgaged Power to property may have a judgment or order for sale instead of order sale for redemption in an action or other proceeding brought foreclosure by him either for redemption alone, or for sale alone, or of mortgaged for redemption or sale in the alternative.

(2.) In any action or other proceeding, whether for fore- closure, or for redemption, or for sale, or for the raising and payment in any manner of mortgage money, the Court, on the request of the mortgagee or of any person inter- ested either in the mortgage money or in the right of redemption, and notwithstanding the dissent of any other person, and notwithstanding that the mortgagee or any person so interested does not appear in the action or pro- ceeding, and without allowing any time for redemption or for payment of any mortgage money, may, if it thinks fit, direct a sale of the mortgaged property, on such terms as it thinks just, including, if it thinks fit, the deposit in Court of a reasonable sum, fixed by the Court, to meet the expenses of sale and to secure performance of the terms.

(3.) But, in an action or other proceeding brought by a person interested in the right of redemption and seeking a sale, the Court may, on the application of any defendant, direct the plaintiff to give such security for costs as the Court thinks fit, and may give the conduct of the sale to any defendant, and may give such directions as it thinks fit respecting the costs of the defendants or any of them.

(4.) In any sale under this section the Court may, if it thinks fit, direct a sale without previously determining the priorities of incumbrancers.

property, etc. 44 & 45 Vict. c. 41 8. 25.

immovable property

642. If, in any cause or matter relating to immovable Power to property, it appears necessary or expedient that the pro- order sale of perty or any part thereof should be sold, the Court may order the same to be sold, and any party bound by the generally. order and in possession of the property, or in receipt of the O. 51 r. 1. rents and profits thereof, shall be compelled to deliver up such possession or receipt to the purchaser or such other person as may be directed by the order.

etc., and to have re-con-

veyance.

643. Where an action of ejectment Is brought by any Right of mortgagee, his heirs, executors, administrators, or assigns, mortgagor for the recovery of the possession of any mortgaged immov- in ejectment able property, and no action is then depending in the Court by mortgagee to pay mort- for or touching the foreclosing or redeeming of the mort-

gage money, gaged property, if the person having right to redeem the mortgaged property, and who appears and becomes defend- ant in the action, at any time pending the action, pays to 15 & 16 Vict. the mortgagee, or, in case of his refusal, pays into Court, c. 76 s. 219. all the principal money and interest due on the mortgage, and also all such costs as have been expended in any action upon the mortgage, (such money for principal, interest, and costs to be ascertained and computed by the Registrar), the money so paid to the mortgagee or into Court shall be deemed and taken to be in full satisfaction and discharge of the mortgage; and the Court shall discharge such mort- gagor or defendant of and from the same accordingly, and shall, by order, compel the mortgagee, at the costs and charges of the mortgagor, to assign, surrender, or re-con- vey the mortgaged property and such estate and interest as the mortgagee has therein, and deliver up all deeds, evi- dences, and writings in his custody relating to the title of the mortgaged property to the mortgagor who has paid such money, his heirs, executors, or administrators, or to such other person or persons as he or they may for that purpose nominate or appoint.

section 645.

644. Nothing in the last preceding section shall Cases ex- extend to any case where the person against whom the cepted from redemption is prayed, by writing under his hand or the operation of hand of his agent or solicitor, to be delivered, before the Ib. s. 220. money is paid into Court, to the solicitor for the other side, insists either that the party praying a redemption has not a right to redeem or that the premises are chargeable with other or different principal sums than what appear on the face of the mortgage or are admitted on the other side; or to any case where the right of redemption to the mortgaged property in question in any action is controverted or ques-

239

258

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Originating

closure, etc.

0.55 r. 5 A.

tioned by or between different defendants in the same action; or shall be any prejudice to any subsequent mort- gage or incumbrance.

645. Any mortgagee or mortgagor, whether legal or summons for equitable, or any person entitled to or having property sale, fore-

subject to a legal or equitable charge, or any person having the right to foreclose or redeem any mortgage, whether legal or equitable, may take out as of course an originating summons, returnable in Chambers, for such relief of the nature or kind following as may by the summons be speci- fied, and as the circumstances of the case may require; that is to say, sale, foreclosure, delivery of possession by the mortgagor, redemption, reconveyance, or delivery of possession by the mortgagee.

Persons to be

646 The persons to be served with the summons served with under the last preceding section shall be such persons as would be the proper defendants to an action for the like relief as that specified by the summons.

summons.

Ib. r. 5 B.

Power to Judge to

Assistance of Experts.

647.-(1.) A Judge in Chambers may, in such way as he thinks fit, obtain the assistance of any accountant, obtain assist- merchant, engineer, actuary, or other scientific person, the better to enable any matter at once to be determined, and he may act upon the certificate of any such person.

ance of ac-

countant,

etc.

Ib. r. 19.

15 & 16 Vict.

c. 80 s. 43.

Evidence on

(2.) The allowances in respect of fees to such persons shall be regulated by the Registrar, subject to an appeal to the Judge, whose decision shall be final.

Proceedings relating to Infants, etc.

648. On any application for the appointment of a application guardian of an infant and for an allowance for the main-

tenance of an infant, the evidence shall show-

for appoint-

ment of

guardian and for main-

tenance. 0.55 r. 25.

Appoint- ment of

guardian ad litem in pro-

ceedings in

Chambers. Ib. r. 27.

Classifying

Ib. r. 40.

(1.) the age of the infant;

(2.) the nature and amount of the infant's fortune and

income; and

(3.) what relations the infant has.

64). At any time during the proceedings in Chambers under any judgment or order, the Judge may, if he thinks fit, require a guardian ad litem to be appointed for any infant or person of unsound mind, not so found by inqui- sition, who has been served with notice of such judgment or order.

Attendances.

650.-(1.) Where, at any time during the prosecution interests of of a judgment or order, it appears to the Court, with respect parties.

to the whole or any portion of the proceedings, that the in- terests of the parties can be classified, the Court may require the parties constituting each or any class to be represented by the same solicitor, and may direct what parties may attend all or any part of the proceedings.

Requiring separate solicitor to represent parties.

Ib. r. 41.

Attendance

of parties not directed to attend. Ib. r. 42.

(2.) Where the parties constituting any class cannot agree upon the solicitor to represent them, the Court may nominate such solicitor for the purpose of the proceedings before it.

(3.) Where any one of the parties constituting such class declines to authorize the solicitor so nominated to act for him, and insists upon being represented by a different solicitor, such party shall personally pay the costs of his own solicitor of and relating to the proceedings before the Court, with respect to which the nomination has been made, and all such further costs as may be occa- sioned to any of the parties by his being represented by a different solicitor from the solicitor so nominated.

651. Whenever in any proceeding in Chambers the same solicitor is employed for two or more parties, the Court may in its discretion require that any of the said parties shall be represented before it by a separate so- licitor, and adjourn such proceedings until such party is so represented.

652. Any of the parties other than those who have been directed to attend may attend at their own expense, and on paying the costs, if any, occasioned by such attend- ance, or, if they think fit, they may apply by summons for liberty to attend at the expense of the estate, or to have the conduct of the action, either in addition to or in substitution for any of the parties who have been directed to attend.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

653. An order shall be drawn up, on a summons Drawing up to be taken out by the plaintiff or the party having the of order stat- conduct of the action, stating the parties who have been ing parties directed to attend and such of them, if any, as have elected to attend at their own expense, and such order shall be to attend. recited in the Registrar's certificate.

Advertisements for Claimants and Creditors.

who have been directed

0. 55 r. 43.

654. Where a judgment or order is given or made, Exclusion of whether in Court or in Chambers, directing an account of claimants

not coming debts, claims, or liabilities, or an inquiry for heirs, next

in to prove of kin, or other unascertained persons, unless otherwise within time ordered, all persons who do not come in and prove their fixed. claims within the time which may be fixed for that pur- pose by advertisement shall be excluded from the benefit of the judgment or order.

Ib. r. 44.

ments.

655, Where an advertisement is required for the Number of purpose of any proceeding in Chambers, a peremptory advertise- advertisement, and only one, shall be issued, unless for any 45. special reason it may be thought necessary to issue a second advertisement or further advertisements, and any adver- tisement may be repeated as many times and in such papers as may be directed.

claimants.

656. The advertisement for claimants shall be pre- Advertise- pared by the party prosecuting the judgment or order and ment for submitted to the Registrar for approval, and, when ap-.r. 46. proved, shall be signed by him, and such advertisement Schedule: shall be published in the Gazette.

Form No. 46.

Advertise-

657. The advertisement for creditors shall be prepared ment for and signed by the solicitor of the party prosecuting the creditors. judgment or order, and such advertisement shall be publish- 7b. r. 46 a. ed in the Gazette.

Schedule: Form No. 47.

of advertise-

ment. Ib. r. 47.

65 3.-(1.) An advertisement for claimants or creditors l'articulars shall fix a time within which each claimant, not being a creditor, is to come in and prove his claim, and within which each creditor is to send to the executor or admini- strator of the deceased person, or to such other party as the Court may direct, or to his solicitor, to be named and described in the advertisement, the name and address of such creditor and the full particulars of his claim, and a statement of his account and the nature of the security, if any, held by him.

(2.) At the time of directing such advertisement a time shall be fixed for adjudicating on the claims.

659. No creditor need make any affidavit or attend in Non-neces- support of his claim (except to produce his security), unless sity of af- he is served with a notice requiring him to do so as here- fidavit or inafter provided.

attendance by creditor. lb. r. 49.

Duty of

creditor to

required, by the executor or administrator of the deceased person, or evidence of by such other party as the Court may direct, produce all debt. other deeds and documents necessary to substantiate his 16. r. 50. claim before the Court at such time as may be specified ip such notice.

661. In case any creditor refuses or neglects to comply Effect of with the requirements of the last preceding section, he creditor re- shall not be allowed any costs of proving his claim, the Court otherwise directs.

unless

Ib. r. 52.

fusing to produce security, etc. Ib. r. 51. 662. The executor or administrator of the deceased

Examination person, or such other party as the Court may direct, shall and verifica- examine the claims of creditors sent in pursuant to the tion of advertisement, and shall ascertain, so far as he is able, to claims. which of such claims the estate of the deceased person is justly liable; and he shall, at least seven days prior to the time appointed for adjudication, file an affidavit, to be made by the executor or administrator, or one of the executors or administrators, or such other party, either alone or jointly with his solicitor or other competent person, or otherwise, as the Court may direct, verifying a list of the claims, particulars of which have been sent in pursuant to the advertisement, and stating to which of such claims, or parts thereof respectively, the estate of the deceased person is, in the opinion of the deponent, justly liable, and his belief that such claims, or parts thereof respectively,

259

260

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Postpone- ment of

affidavit ve- rifying claim. 0.55 r. 53.

Adjourn- ment

of hearing of claims. Ib. r. 54.

Adjudication

on claims.

Ib. r. 55.

Giving of notice to creditor of claim allow- ed or not allowed.

Ib. r. 56.

Claims after

lb. r. 57.

are justly due and proper to be allowed, and the reasons for such belief.

663. In case the Court thinks fit so to direct, the making of the affidavit referred to in the last preceding section shall be postponed till after the day appointed for adjudication, and shall then be subject to such directions as the Court may give.

664. Where, on the day appointed for adjudication, any of the claims remain undispose of, an adjournment day for hearing such claims shall be fixed, and where further evidence is to be adduced, a time may be named within which the evidence on both sides is to be closed, and directions may be given as to the mode in which such evidence is to be adduced.

665. At the time appointed for adjudication, or at any adjournment thereof, the Court may, in its discretion, allow any of the claims, or any part thereof respectively, without proof by the creditors, and direct such investi- gation of all or any of the claims not allowed, and require such further particulars, information, or evidence relating thereto as it may think fit, and may, if it thinks fit, require any creditor to attend and prove his claim or any part thereof; and the adjudication on such claims as are not then allowed shall be adjourned to a time to be then fixed.

666.-(1.) Notice shall be given by the executor or ad- ministrator, or such other party as the Court may direct, to every creditor whose claim, or any part thereof, has been allowed without proof by the creditor, of such allowance, and to every such creditor as the Court may direct to attend and prove his claim or such part thereof as is not allowed by a time to be named in such notice, not being less than seven days after such notice, and to attend at a time to be therein named, being the time to which the adjudication thereon has been adjourned.

(2.) In case any creditor does not comply with such notice, his claim, or such part thereof as aforesaid, shall be disallowed.

667. After the time fixed by the advertisement no expiration of claims shall be received (except as hereinbefore provided time fixed.

in case of an adjournment), unless the Court thinks fit to give special leave, on application made by summons, and then on such terms and conditions as to costs and other- wise as the Court may think fit.

Costs of creditor

debt. Ib. r. 58.

668. A creditor who has come in and established his debt in Chambers under any judgment or order shall be establishing entitled to the ecsts of so establishing his debt, and the sum to be allowed for such costs shall be fixed by the Court, unless it thinks fit to direct the taxation thereof; and the amount of such costs, or the sum allowed in respect thereof, shall be added to the debt so established.

List of claims allowed. Ib. r. 59.

Service of notice to claimant or creditor. Ib. r. 61.

Computation

669. A list of all claims allowed shall, when required by the Court, be made out and left in the Registry by the person who examines the claims.

670. Every notice by this Chapter required to be given to claimants or creditors shall, unless the Court, otherwise directs, be served on the claimant or creditor at the address given in the claim sent in by him pursuant to the advertisement, or, in case such claimant or creditor has employed a solicitor, on such solicitor at the address given by him.

Interest.

671. Where a judgment or order is given or made of interest on directing an account of the debts of a deceased person, debt carry unless otherwise ordered, interest shall be computed on ing interest lb. r. 62.

such debts as to such of them as carry interest after the rate they respectively carry, and as to all others at the rate for the time being fixed by the Court, from the date of the judgment or order.

Allowance of interest on debt not car- rying in- terest.

Ib. r. 63.

672. A creditor whose debt does not carry interest, who comes in and establishes the same in Chambers under a judgment or order, shall be entitled to interest on his debt at the rate for the time being fixed by the Court from the date of the judgment or order out of any assets which may remain after satisfying the costs of the cause or mat- ter, the debts established, and the interest of such debts as by law carry interest.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

673. Where a judgment or order is given or made Interest on directing an account of legacies, interest shall be computed legacy. on such legacies after the rate for the time being fixed by 0.55 r. 64. the Court from the end of one year after the testator's death, unless otherwise ordered, or unless any other time of payment or rate of interest is directed by the will, and in that case according to the will.

Certificate of the Registrar.

674.-(1.) The directions to be given for or relating Nature of to any proceedings before the Registrar shall require no certificate. particular form, but the result of such proceedings shall b. r. 65. be stated in the shape of a concise certificate to the Judge.

(2.) It shall not be necessary for the Judge to sign the certificate, and unless an order to discharge or vary the same is made, the certificate shall be deemed to be approved and adopted by the Judge.

etc.

675. The certificate of the Registrar shall not, unless Reference in the circumstances of the case render it necessary, set out certificate to the judgment or order or any documents or evidence or judgment, reasons, but shall refer to the judgment or order, docu 7b. r. 66. ments, and evidence, or particular paragraphs thereof, so that it may appear upon what the result stated in the certificate is founded.

in case of

676.--(1) Where an account is directed, the certifi- Contents of cate shall state the result of such account, and not set the certificate same out by way of schedule, but shall refer to the account account. verified by the affidavit filed, and shall specify by the 16. r. 68. numbers attached to the items in the account which, if any,

of such items have been disallowed or varied, and shall state what additions, if any, have been made by way of surcharge or otherwise, and where the account verified by the affidavit has been so altered that it is necessary to have a fair transcript of the account as altered, such tran- script may be required to be made by the party prose- cuting the judgment or order, and shall then be referred to by the certificate.

(2.) The account and the transcript, if any, referred to by the certificate shall be filed therewith.

(3.) No copy of any such account shall be required to be taken by any party.

677. Any party may, before the proceedings before Taking the Registrar are concluded, take the opinion of the Court opinion of upon any matter arising in the course of the proceedings the Court. without any fresh summons for the purpose.

•

Ib. r. 69.

678. Every certificate, with the account, if any, to be Effect of filed therewith, shall be filed in the Registry, and shall certificate. thereupon be binding on all parties to the proceedings, Ib. r. 70. unless discharged or varied on application by summons.

679. Any application to discharge or vary a certificate Application shall be made before the expiration of twenty-one days after to discharge the filing thereof.

or vary certi- ficate. Ib. 680. The Court may, if the special circumstances of

　　　　　　　　　　　　　　　　　　　Power to dis- the case require it, on application by motion or summons for the purpose, direct a certificate to be discharged or vary certifi-

charge or varied at any time after the same has become binding on cate at any the parties.

time. lb. r. 71.

261

Further Consideration.

681.-(1.) Where any matter originating in Chambers Further con- has, at the original or any subsequent hearing, been ad- sideration of matter origi- journed for further consideration in Chambers, such matter

nating in may be brought on for further consideration by a summons Chambers. to be taken out by the party having the conduct of the lb. r. 72. matter, after the expiration of fourteen days and within twenty-one days from the filing of the Registrar's certi- ficate, and after the expiration of such twenty-one days by a summons to be taken out by any other party.

(2.) Such summons shall be in the following form :- "That this matter, the further consideration whereof was adjourned by the order of the

day of

19 , may be further considered," and shall be served ten days before the return.

(3.) This section shall not apply to any matter the further consideration whereof has, at the original or any subsequent hearing, been adjourned into Court.

•

262

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Keeping of notes of pro- ceedings in Chambers.

0.55 r. 73.

Registering and Drawing up of Orders.

682. Notes shall be kept of all proceedings in Chambers with proper dates, so that all such proceedings in each cause or matter may appear consecutively, and in chrono- logical order, with a short statement of the questions or points decided or ruled at every hearing.

Drawing up

633. Every order made in Chambers shall, unless the and entering Court otherwise directs, be drawn up or settled and signed of order.

by the Registrar; and all orders so drawn up shall be filed in the Registry.

Ib. r. 74.

Evidence of order.

lb. r. 74 A.

Delegation of powers and duties. New.

Appointment of sittings. II. R. Code, s. 52 (2.) Publicity of sittings.

684. An order signed by the Registrar, or a note or memorandum indorsed on the summons upon which any such order was made and signed or initialled by the Judge, shall be sufficient evidence of the order having been made.

685. The Court may in any case, if it thinks fit, direct that any of the powers and duties conferred and imposed on the Court by the preceding provisions of this Chapter shall be exercised and performed by the Registrar, but subject to the right of the parties to bring any particular point before the Court.

CHAPTER XXXI.

VARIOUS PROVISIONS.

Sittings of the Court.

686. The Court may, in its discretion, appoint any day or days from time to time for the trial and hearing of causes and matters, as circumstances may require.

687. The sittings of the Court for the trial and hear- ing of causes and matters shall ordinarily be public; but Ib. s. 52 (3.) the Court may, if it thinks fit, try or hear any partic-

ular cause or matter in the presence only of the parties. and their counsel and solicitors and the officers of the Court.

Order of business at sitting. Ib. s. 52 (4.)

Sealing and filing of documents. lb. s. 96.

Keeping and form of

Cause-Book. Ib. s. 6. Schedule:

683. Subject to any special arrangements for any par- ticular day, the business of the day at any sitting of the Court shall be taken, as nearly as circumstances permit, in the following order :-

(1.) at the commencement of the sitting, judgments shall be delivered in causes or matters standing over for that purpose and appearing for judgment in the trial paper;

(2.) ex parte motions or motions by consent shall then be taken in the order in which the motion papers have been filed ;

(3.) opposed motions on notice, and orders to show cause returnable on that day, shall then be taken, in the order in which these matters respectively stand in the trial paper; and

(4.) the causes in the trial paper shall then be called on, in their order, unless the Court sees fit to vary that order.

Seal of the Court.

689. Every writ, summons, warrant, judgment, rule, order, notice, and other document issuing from the Court shall be sealed with the seal of the Court, and be returned for the purpose of being filed in the Registry.

Cause-Book.

690.-(1.) The Registrar shall keep a book called the Cause-Book, which shall contain a register of the proceed- ings in all actions brought in the Court.

(2.) Every action or other proceeding, however institut- Form No. 48. ed, under the provisions of this Code shall be numbered in each year according to the order in which the same is commenced.

General power of adjournment. Ib. s. 90.

0. 36 r. 34.

Power to

Certain General Powers of the Court.

691. The Court may, if it thinks it expedient for the interests of justice, postpone or adjourn the trial or hearing of any cause, matter, proceeding, or application for such time and on such terms, if any, as it may think just.

692. Where any immovable or movable property. allow income forms the subject of any proceedings in the Court, and the of property Court is satisfied that the same will be more than suffi- pendente lite.

0. 50 r. 9.

cient to answer all the claims thereon which ought to bẹ provided for in such proceedings, the Court may, at any

THE HONGKONG, GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901:

time after the commencement of the proceedings, allow to the parties interested therein, or to any one or more of them, the whole or a part of the annual income of the immovable property, or a part of the movable property, or the whole or a part of the income thereof, up to such time as the Court may direct.

693. Whenever it appears to the Court (except when Increase or sitting in its Admiralty jurisdiction) that allowances of lessening of any kind, as fixed by former statutes, ought generally allowances.

statutory or in any particular case to be increased or lessened in pro- Ord. No.3 of portion to the value of money within this Cólony, or the 1858 s. 10. fluctuations thereof, or the difference of currency, it shall be lawful for the Court to authorize or direct the same respectively to be so increased or lessened accordingly.

Summary Application in Certain Case.

694. All proceedings in cases within the operation Proceedings of section 504 of the Merchant Shipping Act, 1894, of the for limiting Imperial Parliament, and of any enactments passed or to shipowner's

responsibi- be passed for amending the same, shall be by summary lity. application to the Court and by way of motion supported 57 & 58 Vict. by affidavit; and the Court shall, if it thinks fit, by rule c. 60. or order, give such relief as by the said section

any such competent Court as is mentioned in the Act has power to give.

Irregularity in Proceedings.

Ord. No. 5 of 1856 s. 5.

695. Non-compliance with any of the provisions of Effect of non- this Code, or with any rule of practice for the time being compliance in force, shall not render any proceeding void unless the with the Court so directs, but such proceeding may be set aside Code, etc. either wholly or in part as irregular, or amended, or other- wise dealt with in such manner and on such terms as the Court may think fit.

696. No application to set aside any proceeling for irregularity shall be allowed unless made within a reason- able time, nor if the party applying has taken step after knowledge of the irregularity.

any fresh

697. Where an application is made to set aside any proceeding for irregularity, the several objections to be in- sisted upon shall be stated in the summons or notice of motion.

693. When a summons is taken out to set aside any process or proceeding for irregularity with costs, and the summons is dismissed generally without any special direc- tion as to costs, it is to be understood as dismissed with costs.

Provisions relating to Time.

0. 70 r. 1.

Time for ap- plying to set aside pro- ceeding for irregularity. Ib. r. 2.

Statement of grounds of application. Ib. r. 3.

Costs on dis- missal of summons to

set aside proceeding. Ib. r. 4.

for doing act abridge time

or taking proceeding.

s. 92.

699.-(1.) Nothing in this Code shall affect the power Power to of the Court to enlarge or abridge the time appointed or enlarge or allowed for the doing of any act or the taking of any pro- ceeding on such terms as justice may require.

(2.) Where the Court is by this Code or otherwise author- ized to appoint the time for the doing of any act or the H. K. Code, taking of any proceeding, or to enlarge the time appointed. or allowed for that purpose by this Code or otherwise, the Court may further enlarge any time so appointed or en- larged by it, on such terms as may seem just, whether the application for further enlargement is made before or after the expiration of the time already allowed: Provided that no such further enlargement shall be made unless it appears to the Court.to be required for the purposes of jus- tice, and not sought merely for delay.

700. The time for filing or amending any pleading, Enlargement answer, or other document may be enlarged by consent of time by in writing, without application to the Court.

consent. 0. 64 r. 8.

Rules for

701.-(1.) Where by this Code, or by any special order, or by the course of the Court, any limited time from or computation after any date or event is appointed or allowed for the of time limit-

　　　　　　　　　　　　　　　　　　　　　　ed for doing doing of any act or the taking of any proceeding, and such act or taking time is not limited by hours, the computation of such proceeding. limited time shall not include the day of such date or of H. K. Code, the happening of such event, but shall commence at the s. 93. beginning of the next following day, and the act or pro-. ceeding must be done or taken at latest on the last day of such limited time, according to such computation.

(2.) Where the limited time so appointed or allowed is less than six days, the following days shall not be reckoned

263

264

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

No. 16 of 1898.

Appoint- ment,

in the computation of such time, namely, Sunday, Good Friday, Monday and Tuesday in Easter Week, Christmas Day, and the day next before and the day next after Christmas Day, and any public holiday or day set apart as a fast or thanksgiving day.

(3.) Where the limited time so appointed or allowed expires on one of the days last mentioned, the act or pro- ceeding shall be considered as done or taken in due time. if done or taken on the next day afterwards that is not one of the last-mentioned days.

(4.) The day on which an order that a plaintiff shall give security for costs is served, and the time thenceforward until and including the day on which such security is given, shall not be reckoned in the computation of the time allowed to the defendant for filing his statement of defence.

(5.) Nothing in the preceding provisions relating to time shall affect the provisions of the Supreme Court (Vaca- tions) Ordinance, 1898.

Commissioners for Oaths.

702.-(1.) The Chief Justice may from time to time, by a commission signed by him, appoint fit and proper powers, etc., persons to be commissioners to administer oaths and take declarations, affirmations, and attestations of honour in the Court, and may revoke any such appointment.

of Commis.

sioners for Oaths.

16 & 17 Vict. c. 78 ss. 1-5

and 52 & 53 Viet.c. 10 s. 1.

Powers of certain of- ficers of the Court, etc., to administer oaths.

Ib. s. 2.

Application

(2.) Every person so appointed shall be styled a Commis- sioner for Oaths, and shall have all the powers and dis- charge all the duties which now belong to the office of a commissioner to administer oaths.

703. Every person who, being an officer of or per- forming duties in relation to the Court, is for the time being so authorized by the Court or by or in pursuance of any rules or orders regulating the procedure of the Court, and every person who is directed to take an examination in any cause or matter in the Court, shall have authority to administer any oath or take any affidavit required for any purpose connected with his duties.

Attachment.

704. No writ of attachment shall be issued without for leave to the leave of the Court, to be applied for on notice to the attachment. party against whom the attachment is to be issued.

issue writ of

0.44 r. 2.

Effect of writ

of attach-

ment.

Ib. r. 1.

705. A writ of attachment shall have the same effect as a writ of attachment issued out of the Court in its equity jurisdiction formerly had.

706. No Judge, Magistrate, or other judicial officer Limited pri- shall be liable to arrest under civil process while going to, vilege of ju dicial officer presiding in, or returning from his Court.

from arrest. Indian Code,

s. 642.

Saving of

certain pro- visions of 8 & 9 Will. 3 c. 11.

Ord. No. 6 1855 s. 81.

General

mode of publishing notice. II. K. Code, s. 97.

Use of forms. Schedule. Ib. s. 98.

Saving.

707. Nothing in this Code shall affect the provisions of the Act of Parliament 8 and 9 William III, Chapter 11, entitled "An Act for the better preventing Frivolous and Vexatious Suits, as to the assignment or suggestion of breaches or as to judgment for a penalty as a security for damages in respect of further breaches.

Publication of Notices.

708. In any case in which the publication of any notice is required under the provisions of this Code, the same may be made by advertisement in the Gazette, un- less otherwise provided by this Code or otherwise ordered by the Court.

Forms.

709.-(1.) The forms contained in the Schedule to this Code may be used in the cases to which they respec- tively have reference, with such variations and additions as the circumstances of the particular case may require, and shall, as regards the form thereof, be valid and sufficient.

(2.) The Chief Justice may from time to time alter the said forms or any of them or substitute other forms for them or any of them; and every such altered or substituted form shall be published in the Gazette.

(3.) So far as the said forms may be incomplete, all forms at present in use in the Court, with such variations and additions as the circumstances of the particular case may require, may be used for the purpose of carrying out the provisions of this Code, and shall, as regards the form thereof, be valid and sufficient.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Temporary Provisions.

710.-(1.) This Code shall apply, so far as may be prac- Application ticable, to all proceedings taken after it comes into tion in all causes and matters then pending.

opera-

of the Code to pending causes and

(2.) If in any case a question arises as to such application matters. such question shall be determined by the Court in a sum- R. S. C. ad mary manner.

init.

711. This Code shall come into operation on the 1st Date of day of July, 1901.

coming into operation of the Code.

265

SCHEDULE.

FORMS.

TABLE OF FORMS.

1. Writ of Summons.

2. Specially Indorsed Writ of Summons. 3. Originating Summons Inter Partes.

4. Originating Summons not Inter Partes.

5. Ex Parte Originating Summons.

6. Notice of Appointment to hear Originating Summons. 7. Writ of Summons for Service out of the Jurisdiction. 8. Specially Indorsed Writ of Summons for Service out

of the Jurisdiction.

9. Memorandum of Appearance.

10. Affidavit for Entry of Appearance as Guardian. 11. Memorandum of Notice of Judgment or [Order.]

12. Third Party Notice.

13. Summons for Third Party Directions.

14. Order for Third Party Directions.

15. Statement of Claim.

16. Statement of Defence.

17. Counterclaim.

18. Reply.

19. Statemeat of Defence, including an Objection in Point.

of Law.

20. Interrogatories.

21. Answer to Interrogatorics.

22. Affidavit as to Documents.

23. Entry of Special Case.

24. Notice of Motion.

25. Summons Inter Partes.

26. Ex Parte Summons.

27. Order.

28. Præcipe for Writ of Execution of Judgment for

Immovable Property.

29. Writ of Execution of Judgment for Immovable

Property.

30. Writ of Execution of Judgment for Money by

Attachment of Property.

31. Prohibitory Order for Attachment of Movable Property

in Execution.

32. Prohibitory Order for Attachment of Immovable Pro-

perty in Execution.

33. Affidavit in Support of Garnishee Order.

34. Garnishee Order attaching Debt.

35. Garnishec Order Absolute.

36. Order for Judgment Creditor to appear on Hearing of Application by Prisoner for Debt to be dis- charged.

37. Order for Discharge of Prisoner for Debt from

Prison.

38. Writ of Foreign Attachment,

39. Bond in Case of Foreign Attachment.

40. Affidavit on Interpleader.

41. Order for Issue of Warrant for Arrest of Absconding

Defendant.

42. Warrant for Arrest of Absconding Defendant.

43. Order for Giving of Bail by Absconding Defendant.

44. Bail-Bond of Absconding Defendant.

45. Warrant for Bailiff to call upon Defendant to give

Security to produce Property.

46. Advertisement for Claimants not being Creditors. 47. Advertisement for Creditors.

48. Cause-Book.

Section 780.

266

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Section 7. App.A, Part I,

Form 1.

1 State con- cisely the

nature of the claim.

FORMS.

FORM NO. 1.

Writ of Summons.

Action No. of 19:

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between 4.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To C.D., of

We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of A.B.; and take notice that, in default of your so doing, the Court may give leave to the plaintiff to proceed ex parte.

Witness the Honourable of Our said Court, the

Chief Justice

day of

Memorandum to be subscribed on the Writ.

NOTE. This writ is to be served within twelve calendar months from the date thereof, or, if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.

The defendant may appear hereto by entering an appear- ance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

Indorsements to be made on the Writ before the issue thereof.

Statement of Claim.

The plaintiff's claim is

This writ was issued by the plaintiff, who resides at 2 , [or This writ was issued by E.F., solicitor for

2 Mention the the plaintiff, who resides at2 city, town, or

village, and

also the name Indorsement to be made on the Writ after service thereof.

of the street

and number

This writ was served by me at

of the house, defendant C. D. on

if any.

Indorsed the

day, the

day of

(Signed.)

(Address.)

on the

day of

Section 19.

App. A, Part I,

Form 2.

FORM No. 2.

Specially Indorsed Writ of Summons.

Action No.

of 19*

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A. B., Plaintiff,

and

C. D.,

Defendant.

Victoria, by the Grace of God, &c.

To C. D., of

We command you that within eight days after the service of this writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of A.B.; and take notice that, in default of your so doing, the plaintiff may proceed therein, and judgment may be given in your absence.

Witness the Honourable

Chief Justice

of Our said Court, the

day of

•

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 267

Memorandum to be subscribed on the Writ.

The defendant may appear hereto by entering an appear- ance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

Indorsements to be made on the Writ before the issue thereof.

Statement of Claim.

The plaintiff's claim is

Particulars.

And the sum of $

(Signed.)

for costs. If the amount claimed solicitor or agent within

is paid to the plaintiff or h four days from the service hereof, further proceedings will

be stayed.

This writ was issued by the plaintiff, who resides at'

[or This writ was issued by E.F.,

the plaintiff, who resides at "

solicitor for

Indorsement to be made on the Writ after service thereof.

This writ was served by me at defendant C.D. on

day, the

day of

Indorsed the

day of

on the

1 State con-

cisely the nature of the claim.

2 Mention the city, town, or vil lage, and also the name of the street

and number of the house, if any.

(Signed.) (Address.)

FORM No. 3.

Originating Summons Inter Partes.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

Section 26. App. K. Form 1A.

Let C.D.,

and

C.D., Defendant. "

within eight days after the service of this summons on him, inclusive of the day of such service, cause an appearance to be entered for him to this summons, which is issued on the application of ·

who claims to be 2

determination of the following questions 3:-

Dated the

day of

This summmons was taken out by

solicitor for the above-named

for the

1 If the ques- tion to be

determined arises in the administra- tion of an

estate or a

trust, entitle

it also in the matter of the estate or trust.

2 State con-

' cisely the

nature of the

The defendant may appear hereto by entering an appear- claim. ance, either personally or by solicitor, at the Registry of the State the Supreme Court in Victoria, Hongkong.

NOTE. If the defendant does not enter an appearance within the time and at the place above mentioned, such order will be made and proceedings taken as the Court may think just and expedient.

questions.

FORM No. 4.

Section 26. App. K, Form 1 B.

Action No.

of 19

Originating Summons not Inter Partes.

IN THE SUPREME COURT OF Hongkong,

Original Jurisdiction.

In the Matter of the Trusts of the Will of A.B.

And in the Matter of the Trustee Ordinance, 1901.

Το

Let

[or as the case may be].

　　　　　within eight days after the service of this summons on him, inclusive of the day

268

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

1 State the object of the application.

Section 26.

App. K,

Form 1 H.

of such service, cause an appearance to be entered for him

to this summons, which is issued on the application of

Dated the

for an order that1

day of

This summons was taken out by solicitor for the above-named

The respondent may appear hereto by entering an appear- ance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

NOTE. If the respondent does not enter an appearance within the time and at the place above mentioned, such order will be made and proceedings taken as the Court may think just and expedient.

FORM NO. 5.

Ex Parte Originating Summons.

Action No.

of 19.

IN THE SUPREME COURT OF HONGKONG, ORIGINAL JURISDICTION.

In the Matter of 4. B., an Infant.

, of

Let all parties concerned attend at the Chambers of the Honourable

, at the Supreme Court, at day, the

day of

o'clock m. on

on the hearing of an application on the part of the above-named A.B., an infant, by C.D., his next friend, that i

State the object of the application.

Dated the

day of

Section 29. App. K, Form 1 F.

This summons was taken out by solicitor for the applicant.

FORM NO. 6.

Notice of Appointment to hear Originating Summons

1 Insert the

[Title as in Form No. 3 or Form No. 4.]

, of!

name of the defendant or

Take notice that you are required to attend at the respondent. Chambers of the Honourable

Court, at

at the Supreme

day, the

day of

•

19 and that

o'clock m. on 19, for the hearing of the orginating summons issued herein on the

day of

if you do not attend, either in person or by solicitor, at the place and time mentioned, such order will be made and pro- ceedings taken as the Court may think just and expedient.

Dated the

day of

(Signed.)

Solicitor for the plaintiff [or applicant].

Section 42. App. A,

Part I.

Form 5.

1 Insert the

number of days directed

FORM NO. 7.

Writ of Summons for Service out of the Jurisdiction.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To C.D., of

We command you that within days after the service of this writ on you, inclusive of the day of such service, you by the Court. Cause an appearance to be entered for you in an action at the suit of A.B. ; and take notice that, in default of your so doing, the Court may give leave to the plaintiff to proceed ex parte.

Witness the Honourable of Our said Court, the

}

Chief Justice

day of

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Memorandum to be subscribed on the Writ.

The defendant may appear hereto by entering an appear- ance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

Indorsements to be made on the Writ before the issue thereof.

Statement of Claim.

The plaintiff's claim is 1

This writ was issued by the plaintiff, who resides at

[or This writ was issued by E.F., solicitor for the

plaintiff, who resides at 2

Indorsement to be made on the Writ after service thereof.

This writ was served by me at C.D. on

Indorsed the

on the defendant

day, the

day of

(Signed.)

(Address.)

1 State con-

cisely the nature of the claim.

2 Mention

the city, town, or vil-

lage, and also

the name of the street and number of the house, if

any.

269

NOTE. This writ is to be used where the defendant, or all the defendants, or one or more defendant or defendants, is or are out of the jurisdiction.

FORM NO. 8.

Section 42. App. A,

Specially Indorsed Writ of Summons for Service out of Part, I,

the Jurisdiction.

Form 6.

Action No. of 19

IN THE SUPREME COURT of Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To C.D., of

We command you that within days after the service of this writ on you, inclusive of the day of such service, you cause an appearance to be entered for you in an action at the suit of A.B.; and take notice that, in default of your so doing, the plaintiff may proceed therein, and judgment may be given in your absence.

Insert the number of days directed by the Court.

Witness the Honourable of Our said Court, the

day of

Chief Justice

19.

Memorandum to be subscribed on the Writ.

The defendant may appear hereto by entering an appear- ance, either personally or by solicitor, at the Registry of the Supreme Court in Victoria, Hongkong.

Indorsements to be made on the Writ before the issue thereof.

Statement of Claim.

The plaintiff's claim is1

Particulars. (Sigued.)

And the sum of $ for costs. If the amount claimed

is paid to the plaintiff or h solicitor or agent within days from the service hereof, further proceedings will he stayed.

1 State con- cisely the nature of the claim.

* Insert the number of days directed by the Court.

270

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

3 Mention the city, town, or

This writ was issued by the plaintiff, who resides at

[or This writ was issued by E.F., solicitor for village, and the plaintiff, who resides at2

also the name

of the street

and number

of the house. Indorsement to be made on the Writ after service thereof. if any.

This writ was served by me at C.D. on

Indorsed the

day, the

day of

on the defendant

19 .

(Signed.) (Address.)

NOTE. This writ is to be used where the defendant, or all the defendants, or one or more defendant or defendants is or are out of the jurisdiction.

Section 46. App. A, Part II,

Form 1.

FORM No. 9.

Memorandum of Appearance.

Action No.

of 19.

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant,

Enter an appearance for the defendant C.D. in this action.

Dated the

day of (Signed.)

C.D., of [or

E.F.,

Solicitor for the defendant; C.D.]

Section 70, App. A., Part II,

Form 8.

FORM No. 10.

Affidavit for Entry of Appearance as Guardian.

Action No.

IN THE SUPREME COURT OF HONGKONG,

E.F., of

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

of 19

make oath and say as follows :-

to the best of my knowledge, inform- ation, and belief, is a fit and proper person to act as guardian ad litem of the above-named infant defendant, and has no interest in the matters in question in this action [or matter] adverse to that of the said infant, and the consent of the said E.F. to act as such guardian is hereto annexed.

Sworn, &c.

[To this affidavit must be annexed the document signed by the guardian in testimony of his consent to act.]

Section 81. App. G. Form 28.

FORM NO. 11.

Memorandum of Notice of Judgment [or Order.] Take notice that, from the time of the service of this notice, you [or, as the case may be, the infant or the person of unsound mind] will be bound by the proceedings in the above cause in the same manner as if you [or the said infant or the said person of unsound mind] had been originally made a party, and that you [or the said infant or the said person of unsound mind] may, on entering an appearance at the Registry of the Supreme Court in Victoria, Hongkong, attend the proceedings under the within-mentioned judgment [or order], and that you [or the said infant or the said person of unsound mind] may, within one month after the service of this notice, apply to the Court to add to the said judgment [or order].

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

FORM No. 12.

Third Party Notice.

Section 85.

App. B,

Part II,

Action No.

of 19

Form 1.

•

IN THE SUPREME COURT OF HONGKONG,

To E.F., of

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Notice filed

19.

Take notice that this action has been brought by the plaintiff against the defendant [as surety for M.N., upon a bond conditioned for payment of $2,000 and interest to the plaintiff.

The defendant claims to be entitled to contribution from you to the extent of one-half of any sum which the plaintiff may recover against him, on the ground that you are his co-surety under the said bond, (or also surety for the said M.N., in respect of the said matter, under another bond made by you in favour of the said plaintiff, dated the day of

19 )].

Or [as acceptor of a bill of exchange for $5,000, dated the

day of

19 drawn by you upon and accepted by the defendant, and payable three months. after date.

The defendant claims to be indemnified by you against liability under the said bill, on the ground that it was accepted for your accommodation].

Or [to recover damages for a breach of a contract for the sale and delivery to the plaintiff of 1,000 tons of coal.

The defendant claims to be indemnified by you against liability in respect of the said contract, or any breach thereof, on the ground that it was made by him on your behalf and as your agent].

And take notice that, if you wish to dispute the plaintiff's claim in this action as against the defendant C.D. or your liability to the defendant C.D., you must cause an appearance to be entered for you within eight days after the service of this notice on you, inclusive of the day of such service.

In default of your so appearing, you will be deemed to admit the validity of any judgment obtained by the plaintiff against the defendant C.D., and your own liability to contri- bute or indemnify to the extent herein claimed, which may be summarily enforced against you pursuant to Chapter 2 of the Code of Civil Procedure.

271

Dated the

day of

(Signed.)

C.D., of

[or

G.H.,

Solicitor for the defendant C.D.]

NOTE.-Appearance is to be entered at the Registry of the Supreme Court in Victoria, Hongkong.

FORM NO. 13.

Summons for Third Party Directions.

Section 89. App. K, Form 4 E.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG.

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

, of

Let all parties concerned attend at the Chambers of the Honourable

m. ou

day, the

at the Supreme Court, at

day of

o'clock on the hearing of an application on the part of

for an order for third party directions as follows:--that the

272

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

----,-

party within thereto within

defendant file a statement of his claim against the said third days from this date, who shall plead days; and that the said third party be at liberty to appear at the trial of this action, and take such part as the Court shall direct, and be bound by the result of the trial; and that the question of the liability of the said third party to indemnify the defendant be tried at the trial of this action, but subsequent thereto.

Dated the

day of

This summons was taken out by

solicitor for

Section 90. App. K, Form 4 F.

1 Mention the Judge.

FORM NO. 14.

Order for Third Party Directions.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

1in Chambers.

Upon hearing the solicitors for the plaintiff, defendant, and third party, It is ordered that the defendant file a state- ment of his claim against the said third party within days from this date, who shall plead thereto within days; and that the said third party be at liberty to appear at the trial of this action, and take such part as the Court shall direct, and be bound by the result of the trial; and that the question of the liability of the said third party to indemnify the defendant be tried at the trial of this action, but subsequent thereto; and that the costs of this application be

Dated the

day of

Section 135.

App. E, Sec. II.

FORM NO. 15.

Statement of Claim.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Statement of Claim.

The plaintiff's claim is for work done and materials provided by the plaintiff for the defendant at his request.

Particulars :-

1899. 1st January to 31st May. To rebuilding house at Victoria as per contract dated the 24th December, 1898

5,400

To extras, as per account delivered 243 00

•

5,643 00

Paid on account

Balance due

3,000 00

2,643 00

The plaintiff also seeks to recover interest on the above balance from the 31st May, 1899, till payment or judgment.

(Signe 1.)

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

aat

FORM No. 16.

Statement of Defence.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Statement of Defence.

The defendant says that-

1. Except as to $200, parcel of the money claimed, the architect did not grant his certificate pursuant to the con-

tract.

2. As to $200, parcel of the money claimed, the defendant brings [or has brought] into Court $200, and says that sum is enough to satisfy the plaintiff's claim herein pleaded to.

(Signed.)

Section 143. App. E, Sec. II.

273

FORM NO. 17.

Counterclaim.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

Defendant.

C.D.,

Counterclaim.

The defendant says that-

1. The contract mentioned in the statement of claim herein contained a clause whereby it was provided that the plaintiff should complete the works by the 31st March, 1899, or in default pay to the defendant $10 a day for every subsequent day during which the works should remain unfinished, and they so remained unfinished for 61 days to the 31st May, 1899.

The defendant counterclaims $610.

Section 163. App. E, Sec. II.

(Signed.)

FORM NO. 18.

Reply.

Section 168. App. E, Sec. II.

Action No. of 19

IN THE SUPREME COURT OF Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

The plaintiff says that-

and

C.D., Defendant.

Reply.

1. As to the first paragraph of the statement of defence

he joins issue.

2. As to the second paragraph thereof, he accepts the $200 in satisfaction.

The plaintiff as to the counterclaim says that-

3. The defendant waived the liquidated damages by order-

ing extras and material alterations in the works.

4. The defendant waived the liquidated damages by pre- venting the plaintiff from having access to the premises till a week after the agreed time.

(Signed.)

NOTE. The latter part of this Form applies only where the counterclaim has been filed before the reply.

་

274

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Section 174.

App. E,

Sec. III.

FORM No. 19.

Statement of Defence, including an Objection in Point

Section 188

App. B, Part II,

Form 6.

Section 192.

App. B,

Part II,

Form 7.

Section 196. App. B,

of Law.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff.

and

C.D., Defendant.

Statement of Defence.

The defendant says that-

1. The goods were not supplied to E.F. on the guarantee. 2. The defendant will object that the guarantee discloses & past consideration on the face of it.

(Signed.)

FORM No. 20.

Interrogatories.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B, Plaintiff,

and

C.D., E. F., and G.H., Defendants.

E.F.,

Interrogatories on behalf of the above-named plaintiff [or defendant C.D.] for the examination of the above- named defendants E.F. and G.H. [or plaintiff].

1. Did not, etc.

2. Has not, etc.

etc., etc., etc.

[The defendant E.F. is required to answer the inter- rogatories numbered

[The defendant G.H. is_required to answer the inter- rogatories numbered

FORM No. 21.

Answer to Interrogatories.

Action No.

of 19

IN THE SUPREME COURT of HongkonG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., E. F., and G.H., Defendants.

The answer of the above-named defendant E. F. to interrogatories for his examination by the above-named plaintiff.

In answer to the said interrogatories, I, the above-named E.F., make oath and say as follows :---

Sworn, &c.

FORM No. 22.

Part II, Form 8.

Affidavit as to Documents.

Action No.

of 19

•

IN THE SUPREME Court of HONGKONG,

ORIGINAL JURISDICTION. Between A.B., Plaintiff,

and

C.D., Defendant.

I, the above-named defendant C.D., make oath and say as follows:-

1. I have in my possession or power the documents relating to the matters in question in this action set forth in the first and second parts of the first schedule hereto.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

2. I object to produce the said documents set forth in the second part of the said first schedule hereto.

3. The grounds [here state upon what grounds the objec- tion is made, and verify the facts as far as may be.]

4. I have had, but have not now, in my possession or power the documents relating to the matters in question in this action set forth in the second schedule hereto.

5. The last-mentioned documents were last in my pos- session or power on [state when].

6. The said last-mentioned documents [here state what has become of the last-mentioned documents, and in whose possession they now are].

7. According to the best of my knowledge, information, and belief, I have not now and never had in my posses- sion, custody, or power, or in the possession, custody, or power of my solicitors or agents, solicitor or agent, or in the possession, custody, or power of any other persons or person on my behalf, any deed, account, book of account, voucher, receipt, letter, memorandum, paper, or writing, or any copy of or extract from any such document, or any other document whatsoever, relating to the matters in question in this action, or any of them, or wherein any entry has been made relative to such matters, or any of them, other than and except the documents set forth in the said first and second schedules hereto.

Sworn, &c.

FORM NO. 23.

Entry of Special Case.

Action No.

of 19

•

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between 4.B., Plaintiff,

and

C.D., Defendant.

dated the

the

day of

for hearing as a special case.

Set down the

of Mr.

arbitrator in this

Dated the

day of

(Signed.) (Address.)

Sections 233. App. G, Form 25.

FORM NO. 24.

Notice of Motion.

Section 243. App. B,

Part II, Form 18.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION. Between A.B., Plaintiff,

and

C.D., Defendant.

To the Registrar of the Supreme Court.

Take notice that the Court will be moved at

m. on

day, the

day of

soon thereafter as counsel can be heard, by Mr. of counsel for the

Dated the

that 1

•

day of

(Signed.) E.F.

Solicitor for the

FORM No. 25.

Summons Inter Partes.

o'clock

or so

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION,

Between A.B., Plaintiff,

1 State the object of the motion.

Section 259.

and

C.D.,

Defendant.

You are hereby summoned to appear before the Honour-

able

at his Chambers at the Supreme Court,

275

276

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

1 State the object of the application.

o'clock

m. on

day, the

day of

, on the hearing of an application on the part of1 And you are to take notice that if you do not appear the Court may consider and deal with the application in a summary way.

Dated the

day of

This summons was taken out by for

•

solicitor

Section 259.

FORM No. 26.

Ex Parte Summons.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

1 State the object of the application.

Application on the part of

Dated the

for leave to

day of

, 19

for

This summons was taken out by

solicitor

Section 261. App. K,

Form 2.

FORM NO. 27.

Order.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

•

1 Mention the Judge.

in Chambers.

Upon the application of

and upon hearing and upon reading the affidavit of filed the

day of

It is

* State the ordered that 2

nature of the and that the costs of this application be order.

Dated the

day of

擎

Section 387.

FORM NO. 28.

Præcipe for Writ of Execution of Judgment for

Immovable Property.

Action No. of 19

IN THE SUPREME COURT of Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

To the Registrar of the Supreme Court.

Whereas the plaintiff A. B. is entitled, under a judgment

day of

19 to the

in this action, dated the immediate possession of the immovable property mentioned in the said judgment and is desirous of enforcing the said judgment; I do hereby make application for the issue of the proper writ of execution in that behalf, under the provisions of Chapter 16 of the Code of Civil Procedure.

Dated the

day of

19 (Signed.) A.B., of

[or

E.F.,

Solicitor for the plaintiff A.B.]

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

FORM No. 29.

Writ of Execution of Judgment for Immovable Property.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting:

Whereas by a judgment in this action, dated the day of

19 the plaintiff A. B. is entitled to the immediate possession of the following immovable property now in the occupancy of

that is to say1:-

›

Section 396.

1. Describe the property

And whereas the said plaintiff is desirous of enforcing the and its situa- said judgment, and has applied for the proper writ of tion. execution in that behalf : Now, therefore, We command you that you do forthwith put the said plaintiff in possession of the said immovable property, and We do authorize you to remove any person who may refuse to vacate the same.

Witness the Honourable

Chief Justice

277

of Our said Court, the

day of (Sigued.)

19 .

Registrar.

NOTE. This writ is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thereon of the date and mode of execution.

FORM NO. 30.

Writ of Execution of Judgment for Money by

Attachment of Property,

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting:

Whereas the defendant C.D. has failed to satisfy a judg- ment for money given against him in this action on the day of

19 in favour of the plaintiff A.B. for

;

the sum of $ together with interest thereon at the rate of $ per centum per annum from the date of the said judgment, and also for taxed costs to the amount of $ and whereas the said plaintiff is desirous of enforcing the said judgment by the attachment of the said defendant's property, and has applied for the proper writ of execution in that behalf: Now, therefore, We command you that you do forthwith attach all the property, movable and immov- able, of the said defendant within the Colony, or such part thereof as may be sufficient to satisfy the said judgment and the expenses of the execution thereof, by actual seizure, or by the service of prohibitory orders, according to the nature of the said property; and We further command you that, as to so much of the said property attached under this writ by actual seizure as shall consist of money or negotiable instruments, you do pay and deposit the same respectively into Court, and that, as to such part thereof attached as afore- said as shall not consist of money or negotiable instruments, you do keep the same in your custody until the further order of the Court or until the sale thereof in satisfaction of the said judgment; and We further command you that, in case you shall not be able to find sufficient property of the said defendant, or the said defendant shall fail to point out to you any property whercon to levy, you do forthwith arrest the said defendant and deliver him into the custody of the Superintendent of Victoria Gaol to be imprisoned therein as a prisoner for debt for the period, of

unless he shall be sooner discharged from the said imprisonment in due course of law.

Section 399.

278

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

And the Court has fixed subsistence allowance at the rate

of twenty-five cents a day...

Witness the Honourable

Chief Justice

哆

of Our said Court, the

day of

Section 400.

(Signed.)

Registrar.

NOTE.―This writ is to be returned into the Registry immediately after the execution thereof, with a memoran- dum indorsed thereon of the date and mode of execution.

FORM NO. 31.

Prohibitory Order for Attachment of Movable Property in Execution.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C. D., Defendant.

Whereas the defendant C. D. has failed to satisfy a judg- ment for money given against him in this action on the

day of

19, in favour of the plaintiff A.B. for the

sum of $ rate of $

per centum per annum from the date of the said judgment, and also for taxed costs to the amount of $

; and whereas a writ of execution has been issued to enforce the said judgment by the attachment of the said defendant's property: It is ordered that the said defendant be and he is hereby prohibited and restrained, until the further order of this Court, from receiving from E.F., of

the following property in the posses- sion of the said E. F., that is to say1:-

to which the property, the said defendant is entitled, subject to any claim, lien, or right of the said E.F.; and it is also ordered that the said E.F. be and he is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to the said defendant or to any other person or persons whomsoever.

together with interest thercon at the

1 Describe

Witness the Honourable of Our said Court, the

Chief Justice

day of (Signed.)

19 .

Section 401.

Registrar.

NOTE. This order is issued under section 400 of the Code of Civil Procedure, and any person who wilfully disobeys it is liable to be committed to prison by the Court.

NOTE. This order is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thereon of the date and mode of execution.

FORM NO. 32.

Prohibitory Order for Attachment of Immovable

Property in Execution.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D.,

Defendant.

To the Defendant C.D.

Whereas you have failed to satisfy a judgment for money

given against you in this Court on the

day of

per

;

19 in favour of the plaintiff A.B. for the sum of $ together with interest thereon at the rate of $ centum per annum from the date of the said judgment, and also for the taxed costs to the amount of $ and whereas a writ of execution has been issued to enforce the said judgment by the attachment of your property; and whereas it is alleged that certain lands, houses, or other

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Describe the parti- cular im-

immovable property belong to you: It is ordered that you be and you are hereby prohibited and restrained, until the further order of this Court, from alienating such lands, honses, or other immovable property and particularly from alienating

by sale, gift, or in any other whatsoever;

way and it is also ordered that all persons be and they are movable hereby prohibited and restrained, until the further order of this Court, from acquiring or receiving any such property by and its purchase, gift, or in any other way.

Witness the Honourable

property

situation.

279

of Our said Court the

Chief Justice

day of (Signed.)

Registrar.

NOTE. This order is issued under section 401 of the Code of Civil Procedure, and any person who wilfully disobeys it is liable to be committed to prison by the Court.

NOTE. This order is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thercon of the date and mode of execution.

Section 412 App. B, Part II,

of 19

Form 25.

FORM No. 33.

Affidavit in Support of Garnishee Order.

Action No.

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant,

;

the plaintiff

in this action [or solicitor for the plaintiff in this action,] make oath and say as follows :-

1. By a judgment of the Court given in this action, and- dated the

day of

　　　　　　　　it was adjudged that I [or the said plaintiff) should recover against the defendant C.D. the sum of $ together with interest thereon at the rate of $ per centum per annum from the date

of the said judgment, and costs to be taxed, and the said costs were, by the Registrar's certificate dated the

day of

19 allowed at $

2. The said tent of $

3. defendant

judgment still remains unsatisfied to the ex- and interest amounting to $

1of

4. The said

Sworn, &c.

Court.

•

is indebted to the said

or thereabouts.

in the sum of $

is within the jurisdiction of this

Insert name, ad- dress, and description of garnishee.

FORM No. 34.

Garnishee Order attaching Debt.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between 4.B., Judgment Creditor,

and⚫

C.D., Judgment Debtor.

E.F., Garnishee.

Section 412. App. K, Form 39.

in Chambers.

Upon hearing davit of

filed the

and upon reading the affi-

day of

I Mention the Judge.

and

It is ordered that all debts owing or accruing due from the above-named garnishee to the above-named judgment debtor be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the Supreme Court on the

擎

19 for the sum of $

ment the said sum of $

day of

on which judg- remains due and unpaid :

280

the hongkong GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

And it is further ordered that the said garnishee attend the Honourable in Chambers on

y, the day of

o'clock in the

noon, on an application by the said judgment creditor that the said garnishee pay the debt due from him to the said judgment debtor, or so much thereof as may be sufficient to satisfy the judgment.

And that the costs of this application be

Dated the

day of

19*

Section 415. App. K, Form 40.

FORM No. 35.

Garnishee Order Absolute.

Action No.

of 19

IN THE SUPREME Court of Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Judgment Creditor,

and

C.D., Judgment Debtor.

E.F., Garnishee.

in Chambers.

1 Mention the Judge.

Upon hearing affidavit of

filed the

and upon reading the

day of

19 and the order nisi made herein on the day of

　whereby it was ordered that all debts owing or accruing due from the above- named garnishee to the above-named judgment debtor should be attached to answer a judgment recovered against the said judgment debtor by the above-named judgment creditor in the Supreme Court on the

day of 19 for the sum of $

　　　　　　　　　　　on which judgment the said sum of $ remained due and un- paid, it is ordered that the said garnishee do forthwith pay the said judgment creditor the debt due from him to the said judgment debtor, or so much thereof as may be suffi- cient to satisfy the judgment, and that in default thereof execution may issue for the same; and that the costs of this application be

Dated the

day of

Section 443.

FORM NO. 36.

1 Mention the Judge.

Order for Judgment Creditor to appear on Hearing of Application by Prisoner for Debt to be discharged.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

in Chambers.

Upon the application of the defendant, and upon hearing the solicitor for the defendant, and upon reading the affidavit of the defendant, It is ordered that the plaintiff be furnished with a copy of the defendant's application for his discharge and of his affidavit filed in support of the same; and it is further ordered that the plaintiff do appear before this Honourable Court in Chambers at

o'clock m. on

day, the

day of

•

on the hear-

ing of an application by the defendant to be discharged from prison.

Dated the

day of

19 J

•

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

FORM NO. 37.

Order for Discharge of Prisoner for Debt from Prison.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

To the Superintendent of Victoria Gaol.

You are hereby authorized to discharge out of your custody the above-named defendant so far as regards the execution in this cause.

Dated the

day of

By Order of the Court,

Section 443.

281

(Signed.)

Registrar.

Section 453.

FORM No. 38.

Writ of Foreign Attachment.

Action No.

of 19

IN THE SUPREME COURT OF Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant

E.F., Garnishee.

Victoria, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting:

We command you forthwith to attach all the property, movable and.immovable, of the defendant C.D. which shall be found within the Colony, and to return this writ into Our said Court on the

day of

Chief Justice

day of

Witness the Honourable

of Our said Court, the

Indorsements to be made on the Writ.

I hereby certify that this writ reached my hands for

execution at

day

o'clock m. on

day, the

(Signed.)

'Bailiff.

This writ was served on E. F, of

o'clock m. on day, the

, garnishee,

day of

(Signed.)

Bailiff.

Office at

A memorial of this writ was registered in the Land

o'clock m. on

day, the

day of

(Signed.)

FORM No. 39.

Bond in Case of Foreign Attachment.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

and E. F., of

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Know all men by these presents that we, 4.B., of

are held and firmly bound unto C.D., in the penal sum of dollars, to be paid to the said C.D. or his executors, administrators, or assigns ;

Section 455.

282

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

for which payment to be made we jointly and severally bind ourselves, and each and every of us, and our and every of our respective heirs, executors, and administrators firmly by these presents. In witness whereof we have

day of

hereto set our hands and seals this

in the Year of Our Lord Nineteen Hundred and Whereas an action has lately been instituted in the Supreme Court of Hongkong by the above-bounden A.B. as plaintiff against the said C.D. as defendant ; and whereas, under the provisions of Chapter 17 of the Code of Civil Procedure, a writ of foreign attachment has been issued [or is about to issue] in the said action, on the application of the plaintiff, against all the property, movable and im- movable, of the defendant within the Colony: Now the condition of this obligation is that, if the defendant shall, at any time within the period limited by the said provisions of the Code of Civil Procedure in that behalf, cause the said writ or any other writ of foreign attachment issued in the said action on the application of the plaintiff to be set aside, or any judgment which may be given in the said action to be reversed or varied, and if the plaintiff, his executors or administrators, shall thereupon forthwith pay or cause to be paid to the defendant, or his executors, administrators, or assigus, all such sums of money, damages, costs, and charges as the said Court may order and award on account of or in relation to the said action and the said writ of foreign attachment, or either of them, then this obligation shall be void, otherwise it is to remain in full force.

Signed, sealed, and delivered

in the presence of

(Signed.)

A.B. [L.S.]

E. F. [L.S.]

Section 526.

App. B, Part II.,

Form 26.

FORM NO. 40.

Affidavit on Interpleader.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION. Between A.B., Plaintiff,

and

C.D., Defendant.

I, C. D., of

the defendant in this action

I 'is' or "are"

make oath and say as follows

1. The writ of summons herein was issued on the

day of

19 and was served on me on the

晕

2. The action is brought to recover The said

claim no interest therein.

in my possession, but I

3. The right to the said subject-matter of this action has

2 If the claim been and is claimed 2 by one

is in writing,

make the

writing an exhibit.

3 State ex-

who 3

4. I do not in any manner collude with the said

or with the above-named plaintiff, but I am ready to bring into Court or to pay or dispose of the said in such manner as the Court may direct.

pectation of Sworn, &c.

suit, or that

he has alre-

ady sued.

FORM NO. 41.

Section 567. Order for Issue of Warrant for Arrest of Absconding

Defendant.

Action No. of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

•

Upon the application of the plaintiff A.B., and upon hearing the solicitor for the said plaintiff, and upon reading the affidavit of

filed the day of

19 It is ordered that a warrant do issue to the Bailiff enjoining him to bring the defendant C.D. before the Court in order that he may show cause why he should not give security for his appearance to answer any judgment that may be given against him in this action; and it is further ordered that the

The Hongkong GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Bailiff be authorized to release the said defendant upon payment by the said defendant to him of the sum of $ being the amount of the plaintiff's claim herein, together with the sum of $ for the costs of this action, and such sum as may be due to him for the execution of the warrant; and it is further ordered that, in default of such payment, the Bailiff shall detain the said defendant until the further order of the Court.

Dated the

day of

FORM NO. 42.

Warrant for Arrest of Absconding Defendant.

Action No.

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant,

Victoria, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting:

of 19

We command you forthwith to arrest the defendant C.D., pursuant to an order made by Our said Court, and to bring o'clock m., on day, him before Our said Court at

in order that he show

　　　　　　　　　　　　　　　　　　may the

day of cause why he should not give security for his appearance to answer any judgment that may be given against him in this action; and We authorize you to release the said defendant being the upon payment by him to you of the sum of $ amount of the plaintiff's claim herein, together with the sum of $ for the costs of this action, and such sum as may be due to you

for the execution hereof; and We further command you that, in default of such payment, you detain the said defendant until the further order of Our said Court.

Witness the Honourable of Our said Court, the

day of (Signed.)

Chief Justice

19 .

Registrar.

NOTE. This warrant is to be returned into the Registry immediately after the exccution thereof, with a memorandum indorsed thereon of the date and mode of execution.

FORM NO. 43.

Order for Giving of Bail by Absconding Defendant.

Action No.

of 19

IN THE SUPREME COURT OF Hongkong,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Upon the application of the plaintiff A.B., and upon hearing the solicitor for the said plaintiff, and upon reading It is ordered that the affidavit of

　　　　　　　　　　　　　　　　　　　to the the defendant C.D. do give bail in the sum of $ satisfaction of the Registrar, for his appearance at any time when called upon while this action is pending and until the execution of any judgment that may be given against him in this action; and it is further ordered that, in default of his so doing, the said defendant be committed to prison until the decision of this action, or, if judgment is given against him, until the execution of the judgment, or until the further order of the Court.

Dated the

day of

Section 567.

Section 568

283

284

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Section 568.

FORM NO. 44.

Bail-Bond of Absconding Defendant.

Know all men by these presents that we, C.D., of

E.F., of

and G.H., of and firmly bound unto A.B., of

are held

in the sum of dollars, to be paid to the said A. B. or his executors, administrators, or assigns; for which payment to be made we jointly and severally bind ourselves, and each and every of us, and our and every of our respective heirs, executors, and administrators, firmly by these presents. In witness whereof we have hereto set our hands and seals this

day of

in the Year of Our Lord Niueteen Hundred and

Now the condition of this obligation is that if the above-bounden C.D. shall appear in person before the Supreme Court of Hongkong, at any time when called upon while the action of the said A.B. against the said C. D. in the Original Jurisdiction of the said Court, being Action No. of 19 is pending and until the execution of any judgment that may be given against the said C.D. in the said action, or that if, in default of such appearance, the said C.D. shall pay any sum of money that may be adjudged against him in the said action, with costs, then this obli- gation shall be void, otherwise it is to remain in full force.

Signed, sealed, and delivered

in the presence of

(Signed.)

Section 573.

C.D. [L.S.]

E.F. [L. S.]

G.H. [L.S.]

FORM NO. 45.

Warrant for Bailiff to call upon Defendant to give Security to produce Property.

Action No.

of 19

IN THE SUPREME COURT OF HONGKONG,

ORIGINAL JURISDICTION.

Between A.B., Plaintiff,

and

C.D., Defendant.

Victoria, by the Grace of God, &c.

To the Bailiff of Our said Court, Greeting :

day of

We command you forthwith to call upon the defendant C.D. either by

day, the

19 to furnish security in the sum of $

　　　　　　　to produce and place at the disposal of Our said Court, when required, his property or the value of the same, or such portion thereof as may be sufficient to answer any judgment that may be made against him in this action, or by the said day to appear before Our said Court and show cause why he should not furn - ish such security; and We further command you, in default of such security being given, to attach all the movable and immovable property of the said defendant within the Colony until the further order of Our said Court.

Witness the Honourable of Our said Court, the

Chief Justice

day of (Signed.)

Registrar.

NOTE. This warrant is to be returned into the Registry immediately after the execution thereof, with a memorandum indorsed thereon of the date and mode of execution.

Number of Action.

Date of Writ of Summons.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1001.

FORM No. 46.

Advertisement for Claimants not being Creditors.

Pursuant to a judgment [or an order] of the Supremo Court made in [the matter of the estate of A.B., and in] an action by C.D. against E.F., the persons claiming to be next of kin to A.B., late of or about the month of solicitors, on or before the

who died in

are, by their

day of

to come in and prove their claims at the Chambers of , at the Supreme Court in Victoria, Hongkong, or, in default thereof, they will be peremptorily excluded from the benefit of the said judgment (or order].

The

day of

19 at

o'clock in

the noon, at the said Chambers, is appointed for hearing and adjudicating upon the claims.

Section 656. App. L, Form 2.

→285

Dated the

day of

•

(Signed.)

Registrar.

FORM NO. 47.

Advertisement for Creditors.

Pursuant to a judgment [or an order] of the Supreme Court made in [the matter of the estate of A.B., and in] an action by C.D. against E. F., the creditors of A.B., late of

who died in or about the month of

are, on or before the day of

the

to serve on G.H., the solicitor of the defendant C.D., executor [or administrator] of the deccased [or as may be directed] notice of their Christian and surnames, addresses, and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securi- ties, if any, held by them, or, in default thereof, they will be peremptorily excluded from the benefit of the said judg- ment [or order].

Every creditor holding any security is to produce the same before

at his Chambers at the Supreme Court in Victoria, Hongkong, on the

o'clock in the

19 day of noon, being the time ap- pointed for hearing and adjudicating upon the claims.

Section 657. App. L. Form 3.

Dated the

day of

(Signe.l.)

Registrar.

FORM NO. 48.

Cause-Book.

CAUSE-BOOK FOR THE YEAR 19

Section 690. II. K. Code, Schedule.

Name of Solicitor

suing out Writ. &c.

Name.

Plaintiff.

Description.

Place of Abode.

Defendant.

Claim.

Name.

Description.

Place of Abode.

Particulars.

Amount or Value.

286

By whom entered.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

CAUSE-BOOK FOR THE YEAR 19

-Continued,

Appeal to Full

Satisfaction of

Appearance.

Judgment.

Court.

Judgment.

CAUSE-BOOK FOR THE YEAR 19

Execution.

Return of

Execution.

Date of Application.

Date of Order.

Against whom.

Particulars.

Amount of Costs.

Amount paid into Court.

Arrested.

Minute of Return other than Payment or Arrest, and

Date of every Return.

Date of Leave to Appeal.

Date on which Appeal Process forwarded.

Judgment on Appeal.

Objects and Reasons.

The existing Code of Civil Procedure has been in force for 27 years and it has of late years been evident that the time has come for a revision of the system of civil pro- cedure which was established by it. Accordingly, in March, 1899, the Chief Justice submitted to the mem- bers of the legal profession, at a meeting called for, that purpose, a proposal that, if they thought such a revision desirable, he was willing to undertake it while on leave of absence in England in that year. At the meeting there was a general agreement that such revision was desirable and that the offer to undertake it should be accepted. The proposal received the sanction of the Governor and the Secretary of State, and a Draft Code of Civil Procedure was prepared and printed, and copies of it arrived in the Colony in April last. These copies were distributed among the members of the legal profession, and a meeting of members was called in July last, at which, on the suggestion of the Chief Justice, a Committee was appointed for the purpose of examining, revising, and settling the Draft. The Committee consisted of the Chief Justice, the Acting Puisne Judge, Mr. H. E. POLLOCK, Q.C., and Mr. E. H. SHARF, barristers at law, and Mr. VICTOR H. DEACON and Mr. J. F. REECE, solicitors. At the same time all the members of the profession were invited to send in to the Committee suggestions in writing for the amendment of the Draft.

Appeal to

Privy Council.

Date of Entry.

Date.

For whom.

-Continued.

Remarks.

Particulars.

Date of Appeal.

Judgment on

Appeal.

Date.

Mode.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 287

The work of revision has been very thoroughly and carefully done by the Commitice. Corrected proofs of the first revision have been sent to all the members of the profession as the work progressed, with a view to obtain- ing fresh suggestions for the improvement of the Draft. Quite recently a second revision has been made, and it is believed that the Bill now embodies a complete and work- able body of law, adapted to the requirements of modern practice, for the regulation of the civil procedure of the Supreme Court.

It is desired that, if possible, the Code should be brought into operation on the 1st July, 1901.

A BILL

ENTITLED

An Ordinance to repeal and re-enact with amendments The Defence Contribution Ordi- nance, 1896.

WHEREAS it is expedient to repeal and re-enact with amendments The Defence Contribution Ordinance, 1850:

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:--

1. This Ordinance may be cited as The Defence Con- Short title. tribution Ordinance, 1901.

2. From the first day of January, 1901, a sum equiva- Yearly ap- lent to twenty per centum of the Colonial Revenues shall propriation

for defence

be appropriated yearly to the Imperial Government as a of Colony.

contribution for the defence of the Colony. Such sum shall be in lieu of that mentioned in The Defence Contri- bution Ordinance, 1896.

Reveaues.

3. The Colonial Revenues, for the purposes of this Definition Ordinance, shall include the gross receipts by the Colony of Colonial from all sources of revenue, but shall not include the pro- ceeds of land sales and premia on leases or statutory land grants.

4. In the first instance, the said percentage shall be Percentage, calculated on the estimated revenue of the year and shall how calcu- be paid at that rate, subject however to revision and adjust- ment in the manner following, that is to say :-

(1.) After the close of any year for which payment shall have been made according to this Ordinance, when the actual revenue shall have been ascertained, if there shall prove to have besu an excess of receipts over the estimate, a further payment of twenty per centum of such excess receipts shall be made.

(2.) If there shall prove to have been a deficiency of receipts compared with the estimate, a deduction equivalent to twenty per centum of such deficiency shall be made from the next payment or payments due for the defence contribution.

lated.

percentage.

5. The said percentage shall be deemed to be a fixed. What contribution payable by the Colony in full return for the expenses are annual cost of the Imperial Garrison including all capita! included in expenditure required for Military lands and buildings and the cost of maintenance of all Military works and buildings and the cost of lodgings in lieu of barracks and all other Military charges whatsoever, provided that in no year shall the sum paid by way of percentage exceed the cost of the Garrison for that year.

6. The said percentage shall be paid monthly, on er Percent ge about the last day of every month in each year, into the payable Imperial Treasury Chest in the Colony on account of His monthly. Majesty's Government.

7. The Defence Contribution Ordinance, 1896, is hereby Repeal. repealed.

288

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

GOVERNMENT NOTIFICATION.--No. 60.

The following Report on Water Supply, Kowloon, by LAWRENCE GIBBS, A.M.I.C.E., which was laid before the Legislative Council this day, is published.

By Command,

Colonial Secretary's Office, Hongkong, 31st January, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

SIR,-I have the honour to submit the following report on the subject of providing an adequate water supply for the Kowloon Peninsula.

EXISTING WORKS.

　　The existing waterworks were carried out on the recommendation of Mr. COOPER (vide his report on Kowloon Water Supply dated 30th June, 1892), with some additions suggested by Mr. CHADWICK. The following is a brief description of them :-

　　Three valleys at the back of the Rifle Ranges, having a joint area of 220 acres, are reserved as a collecting area, the water in the flat sandy bottoms of these valleys being intercepted by collecting pipes and led to shallow wells, below which dams are built across the valleys to prevent the

of water underground. The wells are connected by iron pipes to a tank having a capacity of 150,000 escape gallons at Yau-Ma-Ti, whence the water is pumped into the distributing mains, the supply being regulated by two small service reservoirs, one near Yau-Ma-Ti 215 feet above sea level and of 160,000 gallons capacity, and the other near Hung Hom 160 feet above sea level and of 90,000 gallons capacity.

　　The minimum supply obtainable was estimated to be 232,000 gallons a day, and the population of the district to be supplied was, according to the census of 1891, 13,200.

　　The works were completed in 1895 at a cost of $116,000, the regular supply being established on the 24th December, 1895. Small extensions of mains have since been undertaken at various times, and in the beginning of the present year the dam in the principal valley was raised 5 feet. Including these additions, the total expenditure under Mr. COOPER's scheme has been $128,000.

　　In 1898 the consumption was found to be rapidly overtaking the available sources of supply, and authority was obtained (C.S.O. 2312) to construct works for the collection of an additional supply from the hills in the New Territory. These works are now in progress, but they can only be regarded as a temporary means of

scribed, can be carried out. They will brily until the more extensive scheme, about to be de-

the minimum dry weather supply up to 300,000 gallons

a day, which is sufficient to meet the present requirements of the district now supplied.

Before proceeding to enter into details with regard to the new scheme, it may be pointed out that, with an ample gravitation supply and sufficient storage, fire hydrants can be provided throughout the district, there being no provision whatever of this nature at present, and further a great saving would be effected in maintenance, the cost of pumping alone for a supply of 200,000 gallons a day being above $5,000 a year.

QUANTITY OF WATER REQUIRED.

The census of 20th January, 1897, gives the following information for British Kowloon:---

Civil Non-Chinese land population

Do. Chinese

Floating population

do.

716

.26,442 7,624

Of the 26,442 Chinese in British Kowloon, some are in outlying villages, which are beyond the range of any reasonable distribution system. These, however, form a very small proportion of the whole and may be neglected.

The Military and Naval population, allowing for the barracks in course of erection at Gun Club Hill, may be estimated to be:-

European, Asiatics,

300

1,200

In the New Territory, Kowloon City and Sham-Shui-P'o, with estimated populations of 2,000 and 1,500 respectively, should be included in the scheme.

289

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

　　　　With the above data, taking into account the increase which has occurred in the two years which have elapsed since the census was taken, the present population and water supply required may be estimated as follows:-

Kowloon Peninsula.

Civil European, land,

Do. Chinese, do.,

Do. do.,

floating,

Naval and Military, European,.

Do..

New Territory,..

Asiatic,

Population.

1.000

Gallons per head. 20

Total gallons

...30,000

8,000

per day. 20,000 300,000 40,000

300

1,200

6,000

12,000

3.500

35,000

Total..........44,000

413,000

　　　　Taking the average, this will give about 9 gallons a head, which cannot be considered an excessive supply for domestic purposes alone, and it must be borne in mind that the Dock Company's Hung Hom Establishment takes 20,000, and the Wharf and Godown Company's 15,000 gallons a day. In fact, the supply can only be kept within these limits by strict supervision, by metering all private services, and by allowing no private services in Chinese houses. In proof of this it may be stated that during 1898 the domestic supply in Victoria, where water is laid into Chinese houses, amounted to 13.5 gallons per head, while in Kowloon, where it is not, the supply during the same period was at the rate of 6.1 gallons. This latter amount will, no doubt, be exceeded when the distributory system is made equal to the requirements and an ample and constant supply ensured.

　　　　It is impossible to estimate the probable increase of a population of this sort-according to the census returns of 1891 and 1897 it increased 33 per cent. in 6 years-and in view of the fact that the works will probably take 3 or 4 years to complete, it is proposed to provide a fair margin over present requirements and to lay out the works in such a way that they may be extended without stoppage of the supply.

　　　　Taking all things into consideration it appears advisable to provide at once for a supply of not less than 500,000 gallons a day.

The existing supply amounts to between 200,000 and 300,000 gallons a day.

SUPPLY OBTAINABLE FROM A CATCHMENT AREA.

In Mr. COOPER's report on the Water Supply of Victoria, 1896, the following figures are given as a basis for calculating the yield of a catchment area :--

Rainfall from May to August, 44 inches, of which 50 per cent. is available.

Rainfall from September to April, 20 inches, of which 33 per cent. is available.

　　　　These figures are the results of the experience gained in working the Tytam and Pokfulam reservoirs.

The gathering grounds on the hills at the back of Kowloon Peninsula are very similar to those at Tytam and Pokfulam, and as the rainfall is not likely to differ largely, the above figures may safely be taken as a basis of calculation. By doing so it will be found that to supply 500,000 gallons a day a collecting area of about 300 acres is necessary.

AVAILABLE SOURCES OF SUPPLY.

　　　　An examination of the country from Li-Chi-Kok to the Peninsula east of Kowloon Bay has resulted in 5 available sources of supply being found, in two of which good reservoir sites exist. These are shown on drawing No. 1, and details of the Reservoir Sites from surveys by Mr. XAVIER on drawings Nos. 2, 3 and 4.

　　　　Source No. 1-Contains a reservoir site commanding a drainage area of 152 acres, which can be increased by means of a short catchwater to 333 acres. To equalize the rainfall on this area a reservoir of not less than 93,000,000 gallons capacity should be provided. The site surveyed will give, with a dam 65 feet in height, a storage capacity of 120,000,000 gallons. The lowest draw off would be 390 feet above Ordnance datum, and the supply obtainable from the drainage area of 333 acres would be 590,000 gallons a day. This can be further increased by additional catchwaters to the east on both sides of the Shatin Valley.

　　　　Source No. 2-Also contains a reservoir site which commands a drainage area of 219 acres. To equalize the rainfall on this area, storage would be required for 62,000,000 gallons, but a reservoir capable of containing 106,000,000 gallons can be constructed with a dam of only 50 feet in height. In order to utilize the site to its full extent, therefore, a catchwater should be constructed to intercept a large stream to the westward, thus considerably increasing the drainage area. Disregarding this, the natural drainage area of 219 acres will yield a supply of 390,000 gallons a day.

290

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

　　　Source No. 3.-The streams above Cheung Sha Wan, now being intercepted for a temporary supply; can be picked up and connected to the main, but there is no possibility of constructing a reservoir to impound water. The supply in winter would probably be about 50,000 gallons a day, and in summer 200,000 to 300,000 gallons, making a valuable addition to the supply in a dry year.

　　　Source No. 4.-A considerable stream flows down the valley to the north-east of Kowloon Bay, but here again there is unfortunately no site for a reservoir. The stream, however, might be intercepted in a similar manner to that proposed for the streams behind Cheung Sha Wan.

　　　Source No. 5.-Immediately below the Sai-kung road near the point where it crosses the water- parting between the valleys draining to east and west is a small reservoir site with a catchment area of 100 to 200 acres. This may be reckoned to yield a supply of about 200,000 gallons a day.

Summarizing these, the total supply available from all sources is as follows:---

No. 1,

1 (extension to east),

2 (extension to west),

Gallons per day.

590,000

.200,000

.390,000

100,000

...150,000

.200,000

PROPOSED WORKS.

Total,.........1,730,000

　　　To meet present requirements, Source No. 1 should be utilized and a storage reservoir constructed there, all cultivation being stopped within the drainage area. As already shown this will yield a supply of 590,000 gallons a day. The reservoir should be connected by a cast iron main to Filter Beds to be constructed at a suitable elevation on the ridge above Cheung Sha Wan and from there a cast iron main laid in the new Táipó Road would convey the water to a Service Reservoir to be con- structed on the hill to the north of the village of Kowloon Tong. This service reservoir would be connected to the existing distributing system which should be extended to Kowloon City on the east and to Tai-Kok-Tsui and Sham-Shui-Po on the west. At Kowloon City a small service reservoir would be required to maintain the supply in case of a breakdown on the 2 miles of main between there and Hung Hom, where a service reservoir already exists.

　　　The present collecting area and pumping machinery should be dispensed with, and the buildings used as a workshop, space for which is now much needed. Probably one half of the syphon pipes (7" and 6") might be taken up and used again. Full advantage would be taken of the existing distribution system and service reservoirs, the only works to be dispensed with being those in the collecting area and the pumping machinery. The economy to be effected in annual expenditure by saving the cost of pumping will fully justify this, even if the machinery cannot be used for other purposes.

　　　As the demand for water increases, collecting area No. (1) should be extended by catchwaters to the east, and collecting areas Nos. (2) and (3) on drawing No. 1 should be utilized. The total estimated supply available when these additions have been made will be 1,380,000 gallons a day. Before this consumption is reached, however, it will probably be advisable to seek for a new source of supply on the hills to the north-east of collecting area No. (1), crossing if necessary to the eastern slopes of Tai Mo Shan. The supply obtainable from sources Nos. (4) and (5) on drawing No. I is so limited that, if it appears at all probable that the consumption of Kowloon will eventually exceed these, it would be better policy to at once adopt a larger scheme, reserving these small areas for any industrial enter- prises that may be started in Kowloon Bay.

PARTICULARS OF WORKS PROPOSED TO BE CARRIED OUT TO MEET PRESENT REQUIREMENTS.

　　　Storage Reservoir.-As good building stone does not appear to be abundant on the site of Reser- voir No. 1, it is proposed to construct an earthen dam with central puddle wall on the lines of that at Pokfulam, a work which has proved very satisfactory and required little or no repairs. An earthen dam would probably be completed more quickly than one of masonry, and, the natural drainage area being small, there need be no fear of injury from rainstorms during construction.

　　　The dam will be 65 feet in height from top water level to the present stream bed. Its top will be 10 feet above overflow level and 10 feet wide, the inside slope will be 3 to 1, protected by stone pitching, and outside slope 2 to 1, turfed. The puddle wall will be carried down in a trench to a solid foundation, and up to 3 feet above overflow level.

　　　The overflow will be constructed of masonry and situated at the northern end of the dam. It will be so designed that, with a depth of three feet overflow it will discharge a rainfall of four inches an hour on the natural drainage area (152 acres) and 11⁄2 inch an hour on the area (400 acres)

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 291

which it is proposed should eventually be intercepted by catchwaters. A masonry channel will conduct the overflow water clear of the toe of the dam and of the gauge basin. On the overflow provision will be made for inserting planks, by means of which an additional two feet of water may be impounded in favourable seasons, as is now done at Tytam and Pokfulam. The hill road, which crosses the valley in the neighbourhood, will be diverted and carried across the overflow by means of a bridge.

The outlet works will consist of a culvert built in a trench excavated in the solid ground at the northern end of the dam, this will be connected to a valve tower containing the usual stand pipe and three outlet valves at different levels. A small bridge above top water level will give access to the valve tower.

The lowest draw off will be 395 feet above Ordnance datum, top water level at the existing Yau-Ma-Ti service reservoir is 215 feet. Advantage will be taken of the ample head thus available to construct the gauge basin at such a distance below the dam as to intercept all probable leakage.

Catchwater. The catchwater will be constructed to carry a rainfall of 11⁄2 inch an hour on the drainage area intercepted by it. This amount is seldom exceeded in dry years, and in wet years, when the rainfall is excessive, the surplus will be carried away by suitable overflows. The bottom. will be pitched with stone and a small cemented channel left at one side to carry the dry weather flow and prevent its loss by evaporation and leakage. The bank alongside the catchwater will be raised a foot above the level of the overflows on straight lengths, and two feet where sand pits overflows or sharp bends occur. A connection will be provided from the catchwater to the gauge basin below the dam by means of a cast iron pipe, so that it may serve as a clearwater cannel after times of heavy

rain.

Main to Filter Beds. From the gauge basin below the dam the water will be conveyed to the Filter Beds by means of a 12-inch cast iron pipe laid along the hill side. This pipe when new will be capable of carrying 1,600,000 gallons a day, and will therefore serve for delivering the entire supply estimated to be obtainable when the whole of the sources described in the first portion of this report are made available. Near the Filter Beds a branch will be left for a future connection to Reservoir No. 2.

All available streams will be intercepted en route.

　　　Filter Beds. The only suitable site for Filter Beds appears to be on a comparatively level spot north of the point where the new Táipó Road passes behind the hills above Cheung Sha Wan.

　　　To filter 590,000 gallons a day-making the usual allowance for cleaning beds-an area of about 1,300 square yards will be necessary, and in order to take advantage of the site in an economical manner the beds will be arranged at different levels, which can be done without undue loss of head, owing to the comparatively high level of the storage reservoir. A caretaker's bungalow will be required alongside the beds. If, on detailed surveys being made, the site is found to be large enough, it will be laid out with a view to the addition of further filter beds to deal with the water from the proposed reservoir on site No. 2. Should this, however, be found impracticable, a suitable site for this purpose must be found elsewhere.

　　　Main to Service Reservoir.-From the Filter Beds either a short tunnel will be driven through the ridge, or a pipe carried round it, as may be found the more economical when detailed surveys are made, and a 12" main will then be laid partly below and partly along the new Táipó Road and up the hill to the large service reservoir about to be described.

　　　Service Reservoirs.-The existing service reservoirs are capable of containing only 250,000 gallons, a quantity which has on several occasions been found inadequate to tide over a breakdown, and provision on a much more extensive scale for the storage of water after filtration is urgently required. There is no suitable site for a large service reservoir near the centre of the district to be served, and it has therefore been found necessary to select one on a hill to the north of the village of Kowloon Tong. The reservoir will be circular, 150 feet in diameter and 20 feet deep having a capacity of about 2,000,000 gallons.

　　　At Kowloon City a small reservoir only, say 150,000 gallons capacity, will be required; it will be similar to the existing ones and situated on the hill above the walled city.

main

Connection to existing Distribution System.-From the Kowloon Tong service reservoir a 12" will be laid through Mong-Kok-Tsui to connect with the existing 7" main at Yau-Ma-Ti, and a 5" main with 3" and 4" branches will supply Tai-Kok-Tsui and Sham-Shui- l'o. On the eastern side of the Peninsula a 6′′ main will be carried along the new road to Kowloon City with 3" and 4′′ branch mains to the large villages of Too-Kwa-Wan and Ma-Tau-Wai. All new mains will have hydrant- branches at distances of 300 feet apart where building is at all probable, and hydrants will be fixed. in all built districts.

　　　Fire Hydrants on existing System.In the original waterworks scheme fire hydrants were omitted, partly on account of the limited supply and partly because most of the houses were situated near the harbour. When the proposed new supply is obtained fire hydrants should be fixed at intervals of

292

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901.

about 300 feet on all mains in the built districts. Owing to reclamation works at Yau-Ma-Ti and Mong-Kok-Tsui the houses will soon be at such a distance from the harbour that little help could be obtained from it in case of fire.

ESTIMATE.

The following is an approximate estimate of the cost of the works described :--

Catchwater,

Storage Reservoir,

.$150,000

6,000

Main to Filter Beds,.

16,000

Filter Beds and Bungalow,.

20,000

Main from Filter Beds to Service Reservoir,

72,000

Service Reservoir at Kowloon Tong,

60,000

Connection to and extension of existing distributing system,

55,000

Service Reservoir at Kowloon City,

....

6,000

Fire hydrants on existing system,

3,000

Purchase of cultivated ground,

5,000

393,000

Allow for value of machinery and pipes to be dispensed with,.

13,000

Total, ......$380,000

　　To make a fair comparison between the cost of this and the cost of a pumping scheme such as that hitherto existing, the annual expenditure on maintenance must be taken into account. If this be capitalized at 5 per cent. we arrive at the following results :-

Supply, Original cost,

Existing Works.

232,000 gallons a day.

Capitalized cost of maintenance,

.....

Cost of supply per million gallons, per day,

.$ 128,000 .$ 120,000 $1,070,000

Proposed Gravitation Scheme.

Supply,..

590,000 gallons a day

Cost of existing works to be utilized,

$ 90,000

Estimated cost of new works,......

$380,000

Estimated cost of maintenance (capitalized),

Cost of supply per million gallons, per day,

$ 40,000 $860,000

The Service Reservoir, Main and Distribution works, though necessary at once, have been designed to meet the requirements of a much larger supply, and it will consequently be found that when the proposed Reservoir on site No. 2 is constructed and the whole of the sources of supply mentioned in this Report are made available, bringing the total supply up to 1,380,000 gallons a day, the cost per million gallons per day will be considerably more favourable.

The total cost for this supply is estimated as follows:---

Cost of existing work to be utilized,

Estimated cost of works proposed to be constructed immediately,

Estimated cost of future works,--

..$ 90,000

•

$380,000

Storage Reservoir,

$150,000

Catchwater, &c.,

20,000

Main to connect to existing system,

10,000

Filter Beds,

20,000

Extension of distributing system,

30,000

Capitalized cost of maintenance,

$230,000 $ 80,000

Total,......

$780,000

Cost of supply per million gallons, per day,

$570,000

}

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 293

The following drawings accompany this report : -

No. 1. General Plan showing sources of supply, distribution areas and proposed works. No. 2. General Plan of sources Nos. 1 and 2, Scale, showing drainage areas and reser-

voir sites.

No. 3. Reservoir Site No. 1. Scale 1 inch

50 feet, showing proposed dam.

No. 4. Reservoir Site No. 2.

I have the honour to be,

Your obedient Servant,

LAWRENCE GIBBS, A.M.I.C.E.

8th January, 1900.

The Honourable

DIRECTOR OF PUBLIC WORKS.

(Secretary of State to Governor.)

HONGKONG.

No. 297.

DOWNING STREET,

6th September, 1900.

SIR,

With reference to Major General GASCOIGNE'S despatch No. 223 of the 18th of May last, I have the honour to transmit to you for your information a copy of a letter from Mr. O. CHADWICK to the Crown Agents for the Colonies, enclosing a Report on the proposed scheme for a water supply for

Kowloon.

1901.

2. The financial aspect of this scheme must be considered in connection with the Estimates for

I have the honour to be,

Sir, Your most obedient,

humble Servant,

Governor

SIR HENRY A. BLAKE, G C.M.G.,

&c.,

&c.

(Mr. Chadwick to Crown Agents.)

J. CHAMBERLAIN.

No. 7, CARTERET STREET,

ESTMINSTER,

22nd August, 1900.

GENTLEMEN,

Re Hongkong-Water Supply of Kowloon.

　　　In accordance with instructions contained in your letter of 29th June, 1900, I beg to submit a report upon a proposed scheme of water supply for Kowloon.

I am of opinion that the scheme is sound in principle and is one that should be carried out forth- with. There are, however, some minor matters of detail to which I refer in my report, which require reconsideration. They are, however, matters which require for decision more local knowledge than I possess at present. My remarks must therefore he regarded as suggestions rather than instructions.

I have, &c.,

OSBERT CHADWICK,

per W. J. HARRISON.

* Not printed.

294

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

REPORT ON WATER SUPPLY OF KOWLOON.

OSBERT CHADWICK.

Existing Works.

1.-The existing works were projected by myself whilst in Hongkong in 1889-90. The main feature of their design was to obtain a supply, from sources within the then limits of British territory. Now that the hills, inland, have been annexed, it is but reasonable that an augmented supply should be obtained from them by gravitation.

Feasibility of Proposed Works.

2.The proposed works are quite feasible, and may safely be sanctioned, as regards the first instalment, providing 590,000 gallons a day. The gathering grounds of sources 1 and 2 should be forthwith expropriated, and no buildings should be permitted upon them, so No. 2 will be available

for future extensions.

　　As regards the other sources, the Government should acquire a lien upon them, so that they may be acquired on reasonable terms if required in future.

Probable Supply.

3. The probable supply is correctly estimated, according to the data obtained by actual experience in Hongkong, on the assumption that the rainfall is the same in amount and distribution on the main- land, as it is in Hongkong. It is probable that such is the case, but not absolutely certain. Short of actual measurements, made over a number of years, there is no means of predicting, with certainty, the actual quantity of water which will flow off from a given gathering ground. To make such prolonged measurements would unduly postpone the construction of the works. The only plan is to base the calculation upon the Hongkong data. In my report of 17th September, 1896, I analysed these data using a train of reasoning somewhat different to that adopted by Mr. COOPER, in his report of 1896, and arrived at the following conclusions. They agree closely with Mr. COOPER's conclusions.

(a.) That the minimum annual available rainfall amounts to 30 inches.

(b.) Therefore a gathering ground of 1,000 acres will afford 1,860,000 gallons per diem in

the year of minimum rainfall.

(c.) That to provide this quantity 200 days' storage will be required.

The gathering ground of proposed source No. 1 is 333 acres, or one-third of 1,000. A supply of 1,860,000 620,000 gallons a day may, therefore, be expected, and to secure it, a reservoir capacity of 124 millions of gallons will be required. The desired immediate supply is only 413,000 gallons, and the proposed reservoir contains 120,000,000 gallons. According therefore to Hongkong data there is a liberal margin; and there can be little doubt that a bountiful supply will be obtained. The actual amount must remain in uncertainty until the works are completed. It is desirable that rain gauges should be forthwith erected on each of the proposed sites. Observations should be commenced at once. Comparison of the first year's observations with present and past observations at the Observatory, will afford a means of correcting the estimate of probable yield."

ace

Material of Reservoir Dam.

I must,

4.- It is proposed to make an earthen dam with a puddle wall in the centre in the ordinary manner, at sources Nos. 1 and 2, on account of apparent scarcity of good building stone. however, record my opinion that a masonry or concrete dam, like that at Tytam, will be far preferable, even if it cost somewhat more. With a masonry dam, a leakage merely amounts to a loss of water. With an earthen dam, it may result in destruction. I therefore recommend that careful examination be made for building stone, before earth is decided upon as a material. I have never visited the mainland, beyond the former frontier; but I presume that the geological formation is similar to that of Hongkong, where solid masses of granite are found imbedded in decomposed granite; but not visible at the surface. If I remember rightly, in the Tytam Valley, in its original condition, very little rock appeared at the surface; yet plenty of stone was obtained. It must be clearly understood that, with care, a thoroughly efficient and safe reservoir can be constructed. I merely assert that, if stone can be obtained, masonry or concrete is a preferable material.

THE HONGKONG GOVERNMENT GAZETTE, 1st FEBRUARY, 1901. 295

Puddle Trench.

5.-I am of opinion that, unless the most excellent puddle clay is readily obtainable, a concrete stop wall is preferable to a puddle wall. At any rate it is good practice to fill in the puddle trench below ground with concrete, using puddle only in the bank, thus:-

Clay Puddic

Naturnl

Ground

-Concrete

Valve Well and outlet arrangements.

6.The proposed arrangement of the outlet culvert and valve well does not entirely commend itself to my judgment. It would be more in accordance with modern practice to remove it from beneath the bank, constructing it as a tunnel. In determining its section, provision should be made for carrying off the perennial flow of the streams, and even of considerable floods, during construction. It will scarcely be possible to complete the dam during one dry season. If it be not carried up to the full height before the first monsoon so that the permanent bywash can come into play, then during the monsoon the incomplete dam may be overtopped, and if earth be the constructive material, con- siderable damage will result. One of the advantages of concrete is that if an incomplete dam is over- topped, no serious damage ensues. If a masonry dam is adopted, the arrangement at Tytam may be

followed.

Size of By-wash.

　　7.---The size of overflow should be proportioned to the area of gathering ground in the ratio which obtains at Tytam. This sufficed to carry off the extraordinary flood of 1889, one that is not likely to be exceeded. According to the figures given in the report, the area of overflow will probably

suffice.

Filtration, Service Reservoirs, and Distributary-system.

8.--The proposed arrangement of filter beds and service reservoirs is, as far as can be seen from the plans, thoroughly sound; also the proposed distributary-system.

Abandonment of old works.

　　9.--The existing works will doubtless be abandoned ultimately, if for no other reason, because the gathering ground will be wanted for occupation. Mr. GIBBS in his report lays stress upon the saving that will be effected by the substitution of gravitation for pumping. I think he has scarcely made enough provision for the cost of filtration which is required in the case of e gravitation sup- ply, but not in the case of the existing works. I do not think that it would be prudent to dismantle the old works until the new works have been in operation for some years, so that their actual yield will have been ascertained experimentally. It is to be remembered that all calculations of supply are based on the assumption that the rainfall and flow-off is identical with that which obtains in Hongkong-an assumption that is probable, but not certain.

By-pass Channel.

　　10.In the description of the Reservoir, I see no mention of a by-pass channel or pipe for carry- ing the water of the tributary streams direct to the filter beds, without passing through the body of the reservoir. This arrangement was found to be necessary in the case of the Pokfulam reservoir, and afforded the means of maintaining a supply of filtered water during heavy rain. It was found that after a flood the reservoir remained for a long time so turbid as to render the water unfilterable, whilst the tributary streams cleared rapidly after the cessation of rain.

296

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

Conclusion.

11. In conclusion, I would state that, in my opinion, the project is one that should be carried out at an early date. Some of the details of the design require re-consideration. The principal point to be decided is the feasibility of substituting a masonry for an earthen dam. To determine this some. trial pits might be sunk, both on the site of the proposed reservoir and in the body of the reservoir.

17th August, 1900.

Public Works Department.

PUBLIC WORKS OFFICE, HONGKONG, 12th December, 1900.

KOWLOON WATER SUPPLY.

297

SIR,--Referring to C.O.D. 2, I have the honour to report further on the proposed New Water Supply for Kowloon with special reference to Mr. O. CHADWICK's report.

2. Care will be taken to prevent the opening for cultivation of any more land in the gathering grounds, and early next year the area under cultivation will be surveyed and purchased from the natives. There are no buildings in the drainage areas, and none will be permitted. The uncultivated land will probably turn out to be Crown property, so far I am not aware that any claim to it has been put forward.

3. There is every reason to believe that the rainfall in this valley is quite as much as in British Kowloon. Being nearer the Tai-Mo-Shan range, which is the highest land in the New Territory and has peaks over 3,000 feet high, it is probably greater. As soon as a bungalow is built for the officer who will have charge of the work, a rain gauge will be established and steps will be taken to gauge the streams in the driest weather next year.

4. I entirely concur with Mr. CHADWICK as to the advantages a masonry or concrete dam possesses over an earthen one, and after a further careful examination of the ground, have found an excellent site for a masonry dam 600 feet lower down the stream than the site proposed by Mr. GIBBS for the earthen dam and 30 feet below it in level. At the site I now recommend adopting, two other considerable streams have joined that intercepted by Mr. GIBBS' dam, the combined waters passing through a narrow cleft over solid hard rock. It is evident that sufficient good stone for the dam can be obtained in the vicinity. The geological formation is similar to Hongkong and granite boulders in decomposed granite are plentiful.

5. By placing the dam at this lower site, the necessity for a catchwater is done away with for some years to come, as the drainage area is increased from 333 acres to 417 acres With a minimum rainfall of 30 inches on this area, we may expect to obtain a supply of 775,620 gallons daily. I pro- pose at first to construct at this site a dam 80 feet high with a top water level of 73 feet; this will impound 152,000,000 gallons. As the demand increases the dam can be raised 20 feet, thereby increasing the storage to 310,000.000 gallons, while 100 acres can be, when necessary, brought into the drainage area by a catch water from No. 2 Reservoir site, increasing the collecting ground to 517 acres and the supply to 961,620 gallons daily. There is reason to expect from the rapid growth of British Kowloon that in ten years' time all this will be required.

6. A very great advantage connected with this lower site is the fact that a natural spill or bye- wash exists at the point marked on plan "overflow" which is 437 feet (.D. or 82 above the B.M. in the bed of stream the new site for the dam. In this narrow saddle there is abundance of rock visible on the surface, and a rapid fall to the valley on the west, a better position in every way for a spill water could not be found.

7. By raising the masonry dam to the same level as the originally proposed earthen dam, I esti- mate that the reservoir would contain 310,000,000 gallons, but while designing the dam with a view to its ultimately being raised to that level, I would at first only provide for a height of 80 feet, or to O.D. 432. At the same time the site of the bye-wash would be cleared and levelled and the founda-. tions laid of the waste weir, to be hereafter raised.

　　　8. The level of the bottom of the stream at the point selected for the centre of the dam is 355. feet above O.D., but owing to the rapidness of the fall for a short distance above, very little storage will be lost by making the solid concrete foundations for the dam up to 10 feet above this B.M. `I would propose cutting out all fissured, soft, or doubtful looking material, from the bottom of the stream, and doing a certain amount of benching in the bottom and sides, so as to form a good key for the concrete, and then filling up to 365 O.D., with good cement concrete in mass for the full width

j4,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

297

and some feet over of the base of the dam. On this base I would construct the base of the Valve Tower and out-let culvert in ashlar masonry in cement, carrying up the dam as far as practicable during the dry months of the year before the rains set in in April or May, when the stream in flood could pass over the work without causing any damage.

9. When this scheme is carried to completion, and the dam raised to its full height, Kowloon will have a storage reservoir containing 310,000,000 gallons of water, with ample head after passing through the filter beds, to command the highest points in the peninsula, and the laying out of building areas and encouragement to Chinese to build and settle on British soil can go on with confidence as to the supply of water.

10. I forward a tracing for transmission to Mr. CHADWICK shewing position of proposed new site for dain and spill, and contour of drainage area.

I have the honour to be,

The Honourable

THE COLONIAL SECRETARY.

Sir,

Your obedient Servant,

R. D. ORMSBY,

Director of Public Works.

GOVERNMENT NOTIFICATION.--No. 61.

Notice is hereby given that Messrs. MEYERINK & Co. and Messrs. W. & C. DUNLOP have complied with the requirements of Ordinance 18 of 1898, for the registration in this Colony of their Marks No. 111, as applied to Cloths and Stuffs of Wool, Worsted or Hair, and Cotton Picce Goods of all kinds, in Classes 24 and 34, and that the same have been duly registered.

By Command,

Colonial Secretary's Office, Hongkong, 26th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-- No. 62.

Notice is hereby given that Messrs. ARTHUR GUINNESS & Co., LIMITED, of Jame's Gate, Dublin, Ireland, have complied with the requirements of Ordinance 18 of 1898, for the registration in this Colony of their Mark No, 112 as applied to Stout in class 34, and that the same has been duly registered,

By Command,

Colonial Secretary's Office, Hongkong, 1st February, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 63.

Notice is hereby given that Messrs, S. KUTNow & Co., Limited, of 41, Farringdon Road, London, England, have complied with the requirements of Ordinance 18 of 1898, for the registration in this Colony of their Mark No. 113 as applied to chemical substances prepared for use in medicine and pharmacy in class 3, and that the same has been duly registered.

By Command,

Colonial Secretary's Office, Hongkong, 1st February, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

j4,

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

297

10. I forward a tracing for transmission to Mr. CHADWICK shewing position of proposed new site for dain and spill, and contour of drainage area.

I have the honour to be,

The Honourable

THE COLONIAL SECRETARY.

Sir,

Your obedient Servant,

R. D. ORMSBY,

Director of Public Works.

GOVERNMENT NOTIFICATION.--No. 61.

By Command,

Colonial Secretary's Office, Hongkong, 26th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-- No. 62.

By Command,

Colonial Secretary's Office, Hongkong, 1st February, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

GOVERNMENT NOTIFICATION.-No. 63.

By Command,

Colonial Secretary's Office, Hongkong, 1st February, 1901.

J. H. STEWART LOCKHART,

Colonial Secretary.

298

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

GOVERNMENT NOTIFICATION.-No. 64.

The following Circular Despatch with its enclosure is published.

By Command,

Colonial Secretary's Office, Hongkong, 28th January, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

CIRCULAR.

SIR,

DOWNING STREET,

14th December, 1900.

　　I have the honour to inform you that the Secretary of State for War has approved of five nomi- nations to direct Commissions in the Imperial Forces being annually placed at the disposal of the Secretary of State for the Colonies for distribution among the Crown Colonies, subject to the following conditions, viz. :--

(1) The gentlemen recommended for Commissions must be bona fide Colonists.

(2) They must be unmarried, and must be within the ages of eighteen and twenty-two years on the 1st of January of the year in which they are recommended.

(3) Their acceptance will be subject to (a) the conditions laid down in the War Office Regulations of the 1st August, 1899, in regard to an educational test and (b) the require- ments of these regulations (Appendix I.) as to physical fitness for candidates for Army Commissions.

　　2. I shall be glad to consider from time to time the claims of any deserving candidate whom you may desire to recommend to me for nomination to a direct Commission in Her Majesty's Army; but you will bear in mind that it is only a limited number of Commissions which have been placed at my disposal, that the Colonies included in this scheme, when taken together, comprise a considerable European population, and that consequently it may not be possible for me to entertain more than a small proportion of the applications which may be recommended by the Governors of such Colonies.

　　3. In order to ensure that the conditions laid down by the War Department are in no case lost sight of, I request that any recommendations which you may think fit to make may be accompanied by (1) a Registrar's certificate of birth or a declaration thereof made before a Magistrate; (2) satis- factory evidence as to the position and character of the candidate and as to the antecedents of his family and its connection with the Colony, unless you should be able to speak from personal know- ledge on the point; and (3) the certificate of a Medical Board composed if possible of Military Medical Officers as to the physical fitness of the candidate in accordance with the Regulations enclosed.

　　4. I have to add that the five Commissions placed at my disposal for this year may be allotted to candidates without their being required to undergo any Literary examination; but for this reason it will be the more necessary that I should be thoroughly satisfied as to the intelligence and the educa- tional proficiency of any candidates you may recommend, and there should therefore be produced to me any evidence within your reach as to their educational career and their success in passing examinations.

　　5. I may add that the names of some candidates for these five Commissions are already under my consideration, and that the names of any additional candidates must be received before the 15th March next.

I have the honour to be,

The Officer Administering the Government of

HONGKONG.

Sir,

Your most obedient, humble Servant,

J. CHAMBERLAIN.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901. 299

REGULATIONS

UNDER WHICH

COMMISSIONS IN THE BRITISH ARMY

MAY BE OBTAINED BY

OFFICERS OF COLONIAL LOCAL MILITARY FORCES

AND

STUDENTS FROM THE COLONIAL UNIVERSITIES.

1899.

[N.B.-Officers appointed to Commissions in the Army may, in case of voluntary retirement from the Army, be called upon, as a condition of receiving the full rates of retired pay, to serve for a time in the Militia.]

1. Commissions in the Cavalry and Infantry of the Line will be granted to Officers To whom (who are bona fide Colonists) of the Local Military Forces of certain Colonies, and to Stu- granted. dents from Colonial Universities, under the conditions hereinafter prescribed.

OFFICERS OF COLONIAL LOCAL MILITARY FORCES.

2. Until further notice, two Army commissions will be allotted to cach of the under- Allotment of mentioned Colonies aunually :-

New South Wales.

South Australia. Victoria.

Queensland.

New Zealand. Cape of Good Hope.

Six will be allotted annually to Canada, one biennially to Natal, one annually to Tas- mania, and two every three years to the Royal Malta Regiment of Militia.

In the event of the number of Candidates nominated by the Governor in a Colony at any time exceeding the allotted number of commissions, the selection will be decided by competition in the military portion of the prescribed examination.

commissions.

3. An Officer of the Colonial Military Forces, who is a Candidate for a Commission in Qualification the British Army, will be required-

(a.) To be unmarried, and to be between the ages of 18 and 22 on the 1st January of

the year in which he is allowed to present himself for the Examination in Mili- tary Subjects.

(b.) To have served as an Officer in the Local Military Force of the Colony from which he is nominated, and to have attended two annual trainings, each training to be in a distinct year, or have seen active service in the field.

Literary Examination *

of candi- dates

4. Subject to the exceptions stated in paragraph 5, a Candidate will be required, before Subjects of being permitted to prescut himself for examination in Military Subjects, to undergo a quali-examination. fying Literary Examination by the Civil Service Commissioners in the following subjects :-

CLASS I.

Mathematics I.

Latin ...

French or German

Marks.

3,000

2,000

2.000

English composition.

Geometrical drawing

1,600

1,000

Freehand drawing

500

Geography

500

CLASS II.

Mathematics II.

2,000

Mathematics III.

2,000

German or French.

2,000

Greek......

2,000

English History

2,000

Chemistry and heat

2,000

Physics...

2.000

Physiography and geology

2,000

* See Syllabus in Appendix II.

300

Exemption

ates, &c.

　Literary ex- amination held twice a year.

　Mode of application.

Notification

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

All the subjects of Class I. may be taken up. Only two of the subjects of Class II. may be taken up, and if one of these subjects be a modern language, it must be different from the modern language selected in Class I.

Candidates must obtain such an aggregate of marks in the examination as a whole as may indicate, in the judgment of the Civil Service Commissioners, a competent amount of general proficiency,

5. The Candidate will be exempted from the literary examination, except in geometrical drawing, if he can produce a certificate from the proper University authority that he has (a) taken his degree in Arts or Science, or (b) has passed the examination for the degree of B.A. or M.A, at one of the following Universities :-

Oxford. Cambridge. Dublin.

Durham.

London.

St. Andrews. Glasgow. Aberdeen.

The Royal University, Ireland.

Victoria University, Manchester.

Edinburgh, or for the degree of B.Sc. at the Universities of Edinburgh,

St. Andrews, Glasgow, or Aberdeen;

or (c) has passed the examination specified below at any of the following Universities :----

Oxford.........

Cambridge

Dublin ........

Durham

London

Scotch Universities...

...The "First Public Examination."

......One of the parts of the "General Examination,"

or Part I. of any "Tripos Examination." ...The "Final Examination of the Senior Freshman

year;" or

The Final Examination of the School of Engi-

neering.

The "first year's Examinations."

......The Intermediate Examinations in Arts, Law,

Science, or Medicine.

The Examination of Candidates for the Army." "The second University Examination in Arts, or the second Professional Examination in Engineering."

The Royal University, Ireland ..."The second University

Victoria University, Manchester . The Intermediate Examination.

Or if he has passed some other test which is accepted by the University as exempting from the above examinations. A certificate that the examination is accepted by the authorities concerned must be produced.

An equivalent examination at the University of Malta, or one of the chartered Colonial Universities, will likewise be accepted as a sufficient ground for exemption.

6. The literary examination will take place in June and in November in each year.

7. A Candidate who is desirous of attending one of these examinations must apply to his Commanding Officer, at such date as will allow of the Governor forwarding the applica tion so as to reach the War Office not later than the 1st of April or 1st September, for the June and November examinations respectively. The Governor in forwarding the application will certify that the Candidate is, having regard to the maximum limit laid down in para- graph 3 (), eligible in point of age, and that he will be prepared, when necessary, to recommend him in the manner prescribed in paragraph 8. Not more than three trials at these examinations will be allowed.

8. The Governor of the Colony will notify to the War Office, through the Secretary of by Colonial State for the Colonies, each year, the names of any duly qualified Candidates he is desirous

of nominating for examination in Military Subjects.

Governor.

This notification must reach the War Office by the 1st July, and should be accom- panied by-

(a) An extract from the register of the candidate's birth; or, in default, a certificate

of his baptism or other documentary evidence accompanied by a declaration made by one of his parents or guardians before a magistrate, giving his exact

age.

(b.) A certificate of having served the required number of annual trainings (each train-

ing in a distinct year).

* This cxamination will also exempt from geometrical drawing.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

(c.) A certificate from the Governor that he is satisfied that the Candidate is actually a Colonist, that he is of good moral character, and, in all other respects, a fit and proper person to hold a commission in Her Majesty's Army.

(d.) A certificate that the Candidate has passed the examination described in paragraph

4, or a University Certificate as prescribed in paragraph 5.

STUDENTS OF COLONIAL UNIVERSITIES.

301

　　9. A commission will be granted under these Regulations to one student annually of Commissions the University of Malta, and of each of the chartered Universities in Colonies not having a Military College through which cominissions in the Army may be obtained.

for Colonial university students.

　　10. The Candidate must be unmarried, and must be within the ages of 18 and 22 on Age. the 1st January of the year in which he is allowed to present himself for the Examination in Military Subjects.

　　11. The Literary Examination of Students of the chartered Colonial Universities will Literary be conducted entirely by those Universities. Geometrical drawing will be an obligatory examination. subject of such examination.

12. The name of the Candidate selected for nomination must be forwarded so as to Name of reach the War Office on the 1st July, and should be accompanied by-

candidate to be notified to War Office, with

prescribed.

(".) A certificate that the Candidate is a British born or naturalized British subject. (6.) An extract from the register of the candidate's birth; or, in default, a certificate of documents his baptism or other documentary evidence accompanied by a declaration made by one of his parents or guardians before a magistrate, giving his exact age. (c.) A certificate of good moral character, for the four years immediately preceding the date of application, from the heads of all schools, colleges, or other educational establishments at which the candidate has been educated during the period; or, if such a certificate cannot be produced, a statement showing the reason for the omission, together with some other satisfactory proof of good moral conduct. (d.) A certificate from the head of the College that the Candidate has passed the required

University Examination, including geometrical drawing.

Examination in Military Subjects.*

in military

　　13. An examination in Military Subjects of Candidates nominated under paragraphs 8 Examination and 12, who have previously passed the Literary Examination, will be held in September in subjects. each year. The subjects and the maximum marks obtainable in each subject will be as follows:-

1. Military Engineering

2. Military History

3. Military Topography

Marks.

2,000

4,000

2,000

In order to qualify for a commission, a candidate will be required to obtain one-third of the marks in each subject, and half of the aggregate. Not more than three trials will be allowed at these examinations.

Board.

　　14. A candidate will be required to undergo an inspection by a Medical Board, to be Inspection convened by the Governor of the Colony, or other proper authority, and will not be allowed by Medical to proceed with his examination unless recommended by this Board to be physically fit for Her Majesty's Service.

　　The general conditions as to height, weight, chest measurement, eyesight, &c., required, are given in Appendix I, page 9. The Board have, however, discretionary power to recom- mend a candidate slightly below one or other of these conditions in a case in which they are satisfied that he will fulfil them within six months. No relaxation, however, of the eyesight qualification will ever be allowed.

The recommendations of the Board, will, in all cases, be absolutely final.

　　15. It is suggested that a candidate before commencing his course of study should undergo a thorough medical examination. By such an examination any serious physical disqualification would be revealed, and the candidate probably spared expense and the mor- tification of rejection.

16. Candidates may undergo a preliminary examination by a military medical board, not more than two years before they compete, under the following conditions:--

(a.) Applications must be addressed to the Governor of the Colony, accompanied by a

fee of two guineas.

* See Syllabus in Appendix II.

302

THE HONGKONG GOVERNMENT GAZETTE. 1ST FEBRUARY, 1901.

(b.) Instructions will be issued for the examination to take place at the military station. where a medical board can be held, nearest the candidate's residence. The

result will be notified to candidates by the board.

(c.) Candidates must pay their travelling expenses. (d.) Candidates found unfit by the preliminary board are not bound to accept its find- ing, but may, at their own risk, continue their studies, and if successful at the competitive examination, may then submit themselves for medical examination by the final medical board.

(e.) It must be distinctly understood that passing such preliminary medical board is solely for the candidate's information, and would give him no sort of claim to be accepted as physically fit when he presents himself as a candidate. His acceptance will depen entirely upon the report of the final medical board. Can- didates may be fit for the service at the preliminary examination, but may become disqualified by some subsequent physical deterioration.

APPENDIX I.

MEDICAL EXAMINATION OF CANDIDATES FOR COMMISSIONS IN THE ARMY.

I. A candidate for a Commission in Her Majesty's Army must be in good mental and bodily health, and free from any physical defect likely to interfere with the efficient perform- ance of military duty, and it should be stated whether he is of pure European descent.

II. The examination will be conducted by a Board of Medical Officers. III. The attention of the Board will be directed to the following points :-

(a.) That the correlation of age, height, weight, and chest girth is equal or superior to

that which is given in the following table :-

PHYSICAL EQUIVALENTS.

Age last birthday.

Height in inches

without shoes.

Weight without clothes, lbs.

Chest girth in inches.

120

125

130

132

135

331/

138

140

(a.) Measurement of Height

The candidate will be placed against the standard with his feet together, and the weight thrown on the heels, and not on the toes or outside of the feet. He will stand erect without rigidity, and with the heels, calves, buttocks, and shoulders touching the standard; the chin will be depressed to bring the vertex of the head level under the horizontal bar, and the height will be noted in parts of an inch to eighths

(b.) Measurement of Chest.

The candidate will be made to stand erect with his feet together, and to raise his hands above his head. The tape will be carefully adjusted round the chest, with its posterior upper edge touching the inferior angles of the shoulder blades, and its anterior lower edge the upper part of the nipples. The arms will then be lowered to hang loosely by the side, and care will be taken that the shoulders are not thrown upwards or backwards so as to dis- place the tape. The candidate will then be directed to empty his chest of air as much as is possible. This is best done by continuous whistling with the lips as long as sound can be produced. The tape is carefully gathered in during the process, and when the minimum measurement is reached, it is recorded.

He will then be directed to inflate his chest to its utmost capacity. This maximum measurement will likewise be recorded. The mean of the two measurements will be consi- dered as the true chest measurement.

(d.) Eyesight.

•

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

The Regulations regarding the Examination of Eyesight are as follows: --

　　　1. If a candidate can read D=6 at 6 metres (20 English feet) and D = 0) 6, at any distance selected by himself, with each eye without glasses, he will be considered FIT.

2. If a candidate can only read D24 at 6 metres (20 English feet) with each eye without glasses, his visual deficiency being due to faulty refraction which can be corrected by glasses which enable him to read D=6 at 6 metres (20 English feet) with one eye, and 12 at the same distance with the other eye, and can also read D=08 with each eye without glasses, at any distance selected by himself, he will be considered FIT.

3. If a candidate cannot read D=24 at 6 metres (20 English feet) with each eye

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　with- out glasses, notwithstanding he can read D=06, he will be considered UNFIT.

(N.B.--Snellen's test types will be used for determining the acuteness of vision.) Squint, inability to distinguish the principal colours, or any morbid conditions, subject to the risk of aggravation or recurrence in either eye, will cause the rejection of a candidate.

IV.-The following additional points will then be observed :-

(a) That his hearing is good.

(b.) That his speech is without impediment.

(c.) That his teeth are in good order. Loss or decay of ten teeth will be considered a

disqualification. Decayed teeth, if well filled, will be considered as sound.

4d.) That his chest is well formed, and that his lungs and heart ars sound.

(e.) That he is not ruptured.

(f.) That he does not suffer from hydrocele, variocele, varicose veins in a severe degree, or other discase likely to cause inefficiency. A slight defect, if successfully cured by operation, is not a disqualification.

(g.) That his limbs are well formed and developed.

(h.) That there is free and perfect motion of all the joints.

(i.) That his feet and toes are well formed.

(j.) That he does not suffer from any inveterate skin disease.

(k.) That he has no congenital malformation or defect

(1.) That he does not bear traces of previous acute or chronic disease pointing to an

impaired constitution.

APPENDIX II.

SYLLABUS OF SUBJECTS FOR THE LITERARY EXAMINATIONS.

　　　Mathematics I.-Arithmetics; algebra, up to and including the binomial theorem; the theory and use of logarithms; Euclid, Books I. to IV., and VI.; plane trigonometry, up to and including solution of triangles; mensuration.

Mathematics II. Further questions on the syllabus of Mathematics I.; elementary solid geometry, including Euclid, Book XI., Propositions 1 to 21, and Book XII., Proposi tions 1 and 2; geometrical conic sections, the elementary properties common to the ellipse, parabola and hyperbola; dynamics and statics, uniform and uniformly accelerated rectilinear motion, uniform circular motion, motion of projectiles (not requiring a knowledge of the parabola), equilibrium of forces in one plane and of parallel forces, the centre of mass, and the construction and use of the simpler machines.

Mathematics III.-Geometrical conic sections; analytical geometry, the straight line, circle, and conic sections, referred to Cartesian co-ordinates; dynamics and statics, as far as they may be studied without the aid of the differential calculus.

Latin.-Passages selected from the authors usually read in schools will be set for tran- slation in English. Passages from English authors will be given for translation into Latin. prose and verse, but candidates will be allowed, in the place of verse composition, to answer questions of a simple character, which will test whether they possess a fundamental know- ledge of the grammar of the language, and such an elementary acquaintance with Roman History as is required for the intelligent study of the books they have read.

Greek.-Passages will be set for translation into English from the authors usually read in schools, and in other respects the examination will proceed on the same lines as in Latin.

　　　French. Translation of unseen passages from French into English, and from English into French. The passages for translation will be taken mainly from standard authors, and a few simple questions may be asked on the passages set, as to the structure and character of the langauge, and allusions of obvious and general interest. The viva voce examination will include dictation. 300 marks will be allotted to colloquial knowledge of the language.

303

304

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

German.The passages for translation will be taken mainly from standard authors, and in other respects the examination will proceed on the same lines as in French.

essay.

English Composition.-Candidates will be tested by précis writing as well as by an The standard of positive merit will be looked for in logical arrangement of thought, and in accuracy and propriety of expression, but large deductions of marks will be made for faults of writing and spelling. (Candidates are also warned that, for similar faults in the use of the English language, similar deductions will be made from the marks obtained in other subjects)

Geometrical Drawing.-Practical plane geometry; the construction of scales; and the elements of solid geometry, and of simple orthographic projection. Great importance will be attached to neatness and exactness of drawing.

Geography.-Simple questions in descriptive and general geography.

English History.The general paper in this subject will be confined to events subsequent to the Norman Conquest. It will test whether the candidates are accurately acquainted with the facts of English History, and also possess an intelligent knowledge of the meaning of the facts.

The paper on the special period will be confined to distinctly modern history. It will require from the candidates more minute knowledge than the general paper.

Natural Science Subjects.-The standard of examination in these subjects will be such as may reasonably be expected from the education given at schools possessing appliances for practical instruction, such as a laboratory, &c. A considerable portion of the marks will be given for proficiency shown in the practical parts of the examination. A knowledge of the metric system will be expected.

Chemistry. The laws of chemical combination and decomposition, and the preparation, classification, and properties of the principal metallic and non-metallic elements, and of such of their compounds as are treated of in inorganic chemistry. In the practical part of the examination only the more ordinary apparatus and the less dangerous re-agents will be sup- plied, and no candidate will be allowed to bring his own apparatus or re-agents.

Heat.-The elementary portion of the subject.

Physics. The elementary properties of electricity, magnetism, light and sound. Physiography, i.e., Physical Geography.

Geology. Chiefly economic, including the recognition of the more familiar minerals and rocks, and their properties and uses.

SYLLABUS OF SUBJECTS FOR THE MILITARY EXAMINATION. Military Engineering.-Chapters I. to VIII., inclusive of Philips' Text Book on For- tification.

Military History.-Parts I., II., and III. of Hamley's Operations of War.

Military Topography.--Chapters I. to XIV., inclusive of Part I., Text Book of Military Topography.

APPENDIX III.

FIRST APPOINTMENTS TO LINE REGIMENTS.

The appointment of qualified candidates to particular regiments of the line will be made on the following principles:

1. A candidate having a special family or territorial connection with a regiment, may, when fully qualified for a commission, apply to the Military Secretary to be appointed to that regiment, and such consideration as can be afforded will be given to his application. If approved, and if the interests of the service admit of it, he will be permitted to wait six months for an opportunity of being appointed to the regiment he applies for, but must under- stand that by so doing he loses Army seniority.

2. If desirous of thus waiting, he must state this when making application for a regi- ment. After a candidate has once been gazetted on first appointment, no application for a transfer will be entertained, save under the most exceptional circumstances.

3. Candidates without special claims are at liberty to apply for particular regiments (not exceeding two in all), but will in no case be allowed to wait.

4. Where the claims of different candidates for the same regiment are evenly balanced, the first consideration will be given to those highest on the list in their final examination.

5. All candidates must clearly understand that, while their wishes will be met as far as possible, they will be posted to vacancies as demanded by the interests of the service.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

GOVERNMENT NOTIFICATION.- No. 65.

The following Notice is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

305

Colonial Secretary's Office, Hongkong, 1st February, 1901.

POLICE NOTIFICATION.

　　Notice is hereby given that in view of the approaching Chinese New Year, the Captain Superin- tendent of Police has been authorised to give permission, under Ordinance 13 of 1888, for Crackers to be fired as follows:-

Within that portion of the City of Victoria bounded by the following limits

1. Centre Street from the Sea to Bonham Road;

2. Bonham Road from Centre Street to No. 8 Police Station;

3. A line running from No. 8 Police Station down Rutter Street, Po Yan Street, New

Street, and crossing Queen's Road through Wo Fung Street to the Sea;

4. The Praya from Wo Fung Street to Centre Street;

On Monday, the 18th February, from 5 p.m. to 6 p.m.; on Tuesday, the 19th February,

from 8 a.m. to 9 a.m. and 5 p.m. to 6 p.m.

On Monday, the 25th February, from 6 a.m. to 8 a.m.

Within that portion of the City of Victoria not comprised in the above limits.

From 4 p.m. on Monday, the 18th February, till 4 p.m. on Wednesday, the 20th February,

and on Monday, the 25th February, from 6 a.m. to 9 a.m.

　　Cracker firing is to be strictly confined to the times named above, both within and without the prescribed area; and both sides of all Streets, or parts of Streets named as the boundaries above are to be considered as within the prescribed area.

　　No burning Cracker or other fire is to be thrown above the head or near any person or inflam- mable material, and all reasonable precaution must be taken against accident, as every one is liable for damage arising from his carelessness.

　　The Police will have strict orders to summon or arrest persons firing Crackers in contravention of the foregoing restrictions.

The Firing of Bombs is Strictly Prohibited.

By Command,

F. H. MAY, Captain Superintendent of Police.

Central Police Barracks, Hongkong, 1st February, 1901.

GOVERNMENT NOTIFICATION.-No. 66.

The following Notice is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 1st February, 1901.

POLICE NOTIFICATION.

　　On the 26th, 27th and 28th February, 1901, being the days fixed for the Races at Wong-nai- ch'ung the following Regulations, under Ordinance No. 10 of 1869, having received the approval of His Excellency the Governor, will be in force :-

I. Between the Clock Tower and Praya East:

(a) All Horses and Vehicles going Eastward are to keep on the LEFT HAND, or North-

ern side of the Road.

(b) On returning Westward, Horses and Vehicles are to keep on the RIGHT HAND, or Northern side of the Road passing any Vehicles they may overtake according to the Common Rule of the Road.

II. (a) All Horses and Vehicles going Eastward are to turn down to the Eastern Praya by Arsenal Street, and continue along the Praya or Wántsai Road East of No. 2 Station, and the Road West of Bowrington Canal.

(b) All Horses and Vehicles returning from the Race Course are to keep the route authorised

in the preceding Sub-section.

THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901.

GOVERNMENT NOTIFICATION.- No. 65.

The following Notice is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

305

Colonial Secretary's Office, Hongkong, 1st February, 1901.

POLICE NOTIFICATION.

Within that portion of the City of Victoria bounded by the following limits

1. Centre Street from the Sea to Bonham Road;

2. Bonham Road from Centre Street to No. 8 Police Station;

3. A line running from No. 8 Police Station down Rutter Street, Po Yan Street, New

Street, and crossing Queen's Road through Wo Fung Street to the Sea;

4. The Praya from Wo Fung Street to Centre Street;

On Monday, the 18th February, from 5 p.m. to 6 p.m.; on Tuesday, the 19th February,

from 8 a.m. to 9 a.m. and 5 p.m. to 6 p.m.

On Monday, the 25th February, from 6 a.m. to 8 a.m.

Within that portion of the City of Victoria not comprised in the above limits.

From 4 p.m. on Monday, the 18th February, till 4 p.m. on Wednesday, the 20th February,

and on Monday, the 25th February, from 6 a.m. to 9 a.m.

　　The Police will have strict orders to summon or arrest persons firing Crackers in contravention of the foregoing restrictions.

The Firing of Bombs is Strictly Prohibited.

By Command,

F. H. MAY, Captain Superintendent of Police.

Central Police Barracks, Hongkong, 1st February, 1901.

GOVERNMENT NOTIFICATION.-No. 66.

The following Notice is published.

By Command,

J. H. STEWART LOCKHART, Colonial Secretary.

Colonial Secretary's Office, Hongkong, 1st February, 1901.

POLICE NOTIFICATION.

I. Between the Clock Tower and Praya East:

(a) All Horses and Vehicles going Eastward are to keep on the LEFT HAND, or North-

ern side of the Road.

(b) On returning Westward, Horses and Vehicles are to keep on the RIGHT HAND, or Northern side of the Road passing any Vehicles they may overtake according to the Common Rule of the Road.

(b) All Horses and Vehicles returning from the Race Course are to keep the route authorised

in the preceding Sub-section.

306 THE HONGKONG GOVERNMENT GAZETTE, 1ST FEBRUARY, 1901;

III. Every person who shall ride or drive in a furious manner, or so as to endanger the life or limb of any person, or to the common danger of the passengers in any public Road or thoroughfare is liable to a penalty.

IV. (a) Bearers of Chairs are to proceed Eastward on the RIGHT HAND (Southern) side of

the Road, and to continue on through Wántsai and the Morrison Hill Gap.

(b) Bearers of Chairs returning Westward are to keep on the LEFT HAND, or the Southern

side of the Road, and are to pass over the same Roads as in going.

V. Persons carrying burdens are to walk only in that portion of the roadway allowed for chairs, as prescribed in the previous section.

All other foot passengers between the Clock Tower and Praya East are to walk only on the foot-paths, and not on the roadway except for the purpose of crossing.

　　　VI. No Chairs or Vehicles will be allowed to remain on the Road between the boundaries of the Cemeteries and the Stands; neither is any Vehicle to go at more than a slow pace at the same place.

VII. Chairs and Vehicles to be arranged in the neighbourhood of the Race Course as directed by the Police Constables on Duty.

VIII. Owners of Dogs are recommended not to allow their Dogs to go near the Race Course, as any Dog found straying without a Colar with the name and address thereon of his Owner, is liable to be destroyed (Ord. 14 of 1845, para. IV.).

　　　IX. Persons using Chairs are recommended to go and return by way of the Kennedy Road so as to avoid overcrowding the Queen's Road. No Horse or Vehicle will be allowed on the Kennedy Road.

By Command,

F. H. MAY,

Captain Superintendent of Police.

Central Police Barracks, Hongkong, 1st February, 1901.

GOVERNMENT NOTIFICATION.-No. 67.

　　　The following Particulars and Conditions of Sale of Crown Land by Public Auction, to be held at the Offices of the Public Works Department, on Monday, the 11th day of February, 1901, at 3 p.m., are published for general information.

By Command,

Colonial Secretary's Office, Hongkong, 1st February, 1901.

J. H. STEWART LOCKHART, Colonial Secretary.

Particulars and Conditions of the letting by Public Auction Sale, to be held on Monday, the 11th day of February, 1901, at 3 p.m., at the Offices of the Public Works Department, by Order of His Excellency the Governor, of Three Lots of Crown Land at Fuk Tsun Heung, Kowloon, in the Colony of Hongkong, for a term of 75 years, with the option of renewal at a Crown Rent to be fixed by the Surveyor of His Majesty the KING, for one further term of 75

years.

No.

Registry No.

Sale.

PARTICULARS OF THE LOTS.

LOCALITY.

Boundary Measurements. Contents

w. Square ft.

Annual Rent.

Upset Price.

feet.

50' 50' 30' 30'

1,500 12 40′

40' 33′.2′′ 33′.2" 1,327 58'.6"

300

266

59' 30' 30' 1,762 14

353

CONDITIONS OF SALE.

Kowloon Inland

Lot No. 1,119 Fuk Tsun Heung,

1,120 1,121

　　　1. The highest bidder above the upset price shall be the Purchaser, and if any dispute arise between two or more bidders, the Lots shall be put up again at a former bidding.

2. No person shall at any bidding advance less than $20.

3. Immediately after the fall of the hammer, the Purchaser shall sign the Memorandum of Agreement, hereinafter contained, for completing the purchase according to these Conditions, and shall, within Three Days of the day of sale, pay into the Colonial Treasury the full amount of Premium at which the Lots shall have been purchased.