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PRIVY COUNCIL
LIBRARY
THE LIBRARY
OF THE
NIVERS ,
OYNU , ARTIBUS
L E
MINNSES O
LAW SCHOOL
1
1
1
LAR
2
THE C
via
ORDINANCES
OF THE
1 LEGISLATIVE COUNCIL OF THE COLONY
OF
HONG KONG .
:
CONCISE EDITION
FROM THE YEAR 1914 TO THE END OF 1890 .
1
VOL. II .
COMPILED FOR THE GOVERNMENT OF HONGKONG , SUSILIED
BY FC ? THE
A. J. LEACII ,
PUBLICSERVICE
Barrister -at - Law '.
DROIT
By Authority.
HONGKONG :
PRINTED BY NOROSIIA & CO ., GOVERNJENT PRINTERS.
1892 .
In this and the preceding volume Naturalization and Ap
propriation Ordinances are omitted.
The Appendix containing addenda and corrigenda to both
volumes should be carefully noted up.
A. J. LEACH .
February, 1892.
107354
CHRONOLOGICAL TABLE
ORDINANCES OR PARTS OF ORDINANCES
IX
Vol . II .
NO. AND YEAR. SUBJECT. Page .
No. 3 of 1879 , Naval Yard Police, 603
No. 1 of 1881 , Macao Extradition, 603
No. 2 of 1881 , Census, 615
1
No. 3 of 1881 , , Penal Ordinances Amendment, (Whipping ),...... 616
No. 14 of 1881 , Companies, 617
No. 8 of 1882, Banishment and Conditional Parious, 618
No. 9 of 1882, Bankruptcy ( Official Assignee ), . 620 *
No. 18 of 1882 , Volunteers. 621
No. 20 of 1882 , Vacation of Ofices , . 622
No. 22 of 1882, Supreme Court ( Bailiffs ), 623
No. 1 of 1883 , Distraints for Rent, 626
No. 6 of 1883, Tramways, 636
No. 6 of 1884 , Medical Registration , 695
See
No, 13 of 1884 , Barristers and Attornies, (Provision for ), ... Jppendix .
No. 17 of 1881 , Sheriff's Duties, .... 700
No. 18 of 1884, Johnson's Piers and Wharves, 701
No. 19 of 1884, Chater's Piers and Wharves, 7707
No. 7 of 1985 , Unclaimeil Balances, 715
No. 8 of 1885, Weights and Measures, 718
No. 9 of 1885, Bills of Exchange, 721
Repealed .
VI CHRONOLOGICAL TADLE OF ORDINANCES, Continued .
NO , AND YEAR . SUBJECT. Page .
1
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1
No. 10 of 1885, Incorporation of the Roman Catholic Church, ...... 754
No. 12 of 188.5, Married Women's Disposition of Property ,.... 755
No. 15 of 1885 , Preservation of Wild Birds and Game, 758
No. 18 of 1885, Prison, 759
No. 1 of 1886, Payment of small sums due to the estates of deceased Civil
Servants, ...... 796
No. 2 of 1886 , Apportionment of Rents, & c., ... 796
No. 3 of 1886, | Larceny and Embezzlement Amendment, 798
No. 4 of 1886, Infants Custody, 799
No. 5 of 1886 , Sales of Reversions, ..... 799
No. 6 of 1886, Printers and Publishers, 800
No. 7 of 1886, Usury Laws Repeal,....... 807
No. 10 of 1886, Widows and Children Relief, ( Intestacy ), ... 808
No. 11 of 1886, Loan, (Publie ), 809
No. 12 of 1886,, Bills of Sale,............... 811
No. 13 of 1886, Sales of Land by Auction , 822
No. 14 of 1886, | Incorporation of Dominican Mission), .... 823
No. 15 of 1886, Peace Preservation , 825
No. 16 of 1886 , Stamps, .... 830
No. 18 of 1886, Liquor Sale on Board of Ship, 811
No. 19 of 1886, Reformatory Schools, 845
No. 21 of 1886, Spirit Licences,..... 853
No. 26 of 1886, Legislative Council Witnesses, (Oaths and Attendance), 869
No. 27 of 1886, Appointment of Commissioners and their Powers, 870
No. 28 of 1896, Wills Act Amendment, 872
No. 29 of 1886, Bills of Lading, 874
No. 30 of 1886, Companies ( Amendment ), 875
CHRONOLOGICAL TABLE OF ORDINANCES , - Continued. VIL
NO . AND YEAR. SUBJECT . Page.
No. 31 of 1886, Statute Law Preservation , 895
No. 1 of 1887 , Post Office, 896
No. 5 of 1887, Defamation and Libel, .. 909
No. 8 of 1887, Triad and Unlawful Societies, (Suppression),.. 914
No. 10 of 1887, Transportation and Penal Servitude Abolition , 916
No. 11 of 1887 , Prevention of Crime, 917
No, 14 of 1887, | Police Force Consolidation , 922
No. 15 of 1887, Hongkong & Shanghai Bank, ( Continuation ), ... 935
No. 16 of 1887, Whipping ,...... 936
No. 17 of 1887, Cattle Diseases, Slaughter -Houses and Markets, 937
No. 18 of 1887, Jury Consolidation, ..... 951
No. 19 of 1887, The Rhenish Mission, ( Incorporation ),) 959
No. 21 of 1887, Licensing Consolidation, ..... 961
No. 22 of 1887, Opium (Raw ), 968
No. 24 of 1887, Public Health, 976
No. 2 of 1888, Defences Sketching Prevention ....... 1013
No. 4 of 1888, Enclosure of Verandahs over Crown Lands, ... 1014
No. 5 of 1888, Official Signatures Fees, ..... 1015
No. 10 of 1888, Registration of Books, ........ 1015
No. 11 of 1888, Unclaimed Balances of Estates, 1018
No. 12 of 1888, | Vagrancy, .. 1023
No. 13 of 1888, Regulation of Chinese,... 1028
No. 14 of 1888 , Trees Preservation , 1039
No. 15 of 1888, Rating , 1039
No. 16 of 1888, | European District Reservation, 1051
No. 17 of 1889, Coroner's Abolition ........... 1057
No. 23 of 1898, Fire Enquiry, 1061
VIII CHRONOLOGICAL TABLE OF ORDINANCES , - Continued .
NO . AND YEAR . SUBJECT . PAGE .
No. 1 of 1889, Chinese Emigration Consolidation ,... 1062
No. 2 of 1889 , Law of Evidence Consolidation , 1094
No. 3 of 1889, Compensation to Families of Persons Killed by Accident, 1113
No. 7 of 1889 , Coroner's Abolition, (Supplemental),.............. 1115
No. 10 of 1889, Reformatory Schools Amendment, ... 1115
No. 11 of 1889, Stone Cutters' Island, 1116
No. 12 of 1889, Incorporation of Berlin Ladies' Mission , 1118
No. 13 of 1889, Prison Amendment, . 1119
No. 15 of 1889, Buildings, 1120
No. 16 of 1889, Praya Reclamation, 1144
No. 23 of 1889, Crown Lands Resumption, 1151
No. 25 of 1889, Chinese Emigration (Emigration Abuse ), 1155
No. 26 of 1889, Chinese Criminals Extradition, 1156
No. 30 of 1889, Criminal Lunatics, (Expenses ), 1165
No. 1 of 1890, Public Health -- Additional Member on Sanitary Board, ... 1166
No. 3 of 1890, Incorporation of Missions Etrangères, 1166
No. 4 of 1890, Public Health- (Cemeteries ), ..... 1168
No. 5 of 1890, Vaccination , ... 1169
No. 6 of 1890 , Patents- (Amendment), 1171
No. 7 of 1890, Falsification of Accounts, 1174
No. 10 of 1890, Magistrates, ... 1175
No. 11 of 1890, Women and Girls' Protection , 1281
No. 13 of 1890, Official Administrator, (Devolution of Title ) 1295
No. 15 of 1890, Merchandise Marks, ( Fraudulent Marks),....... 1295
No. 16 of 1890, Waterworks Water Snpply, 1309
No. 22 of 1890, Chinese Emigration-- Amendment, 1322
No. 23 of 1890, Cattle Diseases, Slaughter-Houses and Markets - Amendment,. 1322
Cronological TABLE OF ORDINANCES ,- Continued . IX
NO . AND YEAR. SUBJECT. PAGE.
No. 25 of 1890, Companies ( Alteration of Memorandum of Association ),........ 1:323
No. 26 of 1890, Public Health ( Delegation of Powers by Sanitary Board),...... 1325
No. 27 of 1890, Squatters, ... 1326
No. 30 of 1890 , Widows' and Orphans' Pensions Fund , .... 1329
1
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NAVAL YARD POLICE FORCE. [ 3 OF 1879. ] 603
MACAO EXTRADITION . 1 OF 1881. ]
No. 3 OF 1879.
1
An Ordinance to extend Ordinance No. 1 of 1875 to Title.
provide means for enforcing good order and disci
pline in the Police Force employed in the Royal
Naval Yard to the other Establishments of the Royal
Navy in this Colony.
[ 6th November, 1879. ]
HEREAS it is expedient to extend the provisions of Preamble.
6
W Ordinance No. 1 of 1875 for enforcing good order and
discipline in the Police Force employed in the Royal Naval
Yard to the other establishments of the Royal Navy in this
Colony :
1. From and after the coming into operation of this ordinance Provisions of
of 1875, 1
the provisions of Ordinance No. 1 of 1875 shall not be confined ordinance
to the Police Force employed in the Royal NavalYard at Hong- allextended
naval
to
kong, but shall be extended to the Police Force employed on the establish
mentsinonthis
inessuages, lands, teneinents, hereditaments, erections, buildings shore
and property, or any or either of such lands, tenements, heredit- Colony
aments, erections, buildings and property now vested or here
after to become vested in the Lord High Admiral of the United
Kingdom of Great Britain and Ireland or the Commissioners
for executing the office of Lord High Admiral aforesaid under
* *
the provisions of Ordinance No. 3 of 1863 ,
No. 1 OF 1881 .
An Ordinance entitled “ The Macao Extradition Ordi- Title.
nance , 1881,"
[ 14th March, 1881. ]
HEREAS persons who have committed certain crimes Preamble.
W within the territory of Macao may escape to this Colony .
and it is expedient to provide for the apprehension of such
fugitives from justice and for their surrender to the Government
of Macao in order that they may be dealt with according to
law :
1. This ordinance may be cited as “ The Macao Extradition Short title.
Ordinance, 1881.”
2. In the interpretation of this ordinance, the expression Ir.te preti
" Governor of Macao " shall include the person for the time tion.
being administering the Government of Macao.
604 [ 1 OF 1881. ] MACAO EXTRADITION.
The expression " territory of Macao ” shall extend to any
place within the jurisdiction of the Government of
Macao, and shall include the high seas.
)
The expression “Superintendent of the Gaol ” shall mean
the Superintendent of Victoria Gaol or the keeper of
any prison or place of custody for criminals within
this Colony
Upon requisi.
tion the
3. In case requisition is at any time made by the Governor
Governor may of Macao to the Governor of the Colony to deliver up to justice
issue warrant any person who, being accused or convicted of any of the crimes
Magistrate. and offences specified in the first schedule of this ordinance, and
alleged to have been committed either before or after the passing
of this ordinance within the territory of Macao, has taken refuge
within this Colony , the Governor of this Colony may, if he in
his discretion thinks fit, by warrant under his hand and seal
signify that such requisition has been made, and require the
Police Magistrates to govern themselves accordingly and to aid
in apprehending the person so accused or convicted, and here
inafter referred to as the fugitive.
Warrant or 4. Upon the issue of such warrant any Police Magistrate
order of
Magistrates. may issue his warrant for the apprehension of the fugitive, and
if he be already in custody , issue an order to the Superintendent
of the Gaol forthwith to bring the fugitive before him to be
dealt with in manner hereinafter provided .
Proceedings
before the
5. If the fugitive be apprehended , or if he be already in
Magistrate. custody, he shall be brought forthwith before the Magistrate,
and the following conditions and regulations shall be complied
with :
Production of 1. There must be the production before the Magistrate of
Warrant of
arrest. a valid warrant of arrest issued by a Judge or other
competent Magistrate having authority within the
territory of Macao to take cognizance of the crime
charged, and clearly setting forth such crime.
Evidence in
case of person 2. In the case of aa person accused but not convicted , such
accused . evidence shall be produced to the Magistrate as would
in his opinion justify the apprehension of the fugitive
if the crime of which he is accused had been committed
within the jurisdiction of this Colony, with this
qualification,that copies of depositions signed or
taken before any such Judge or other competent
Magistrate as aforesaid and authenticated in manner
hereinafter provided may. be received in evidence of
the criminality of the fugitive.
MACAO EXTRADITION . [ 1 of 1881. ) 605
3. In the case of a person convicted , a copy of the convic- Evidence in
>
tion, authenticated in manner hereinafter provided, person con
shall be produced : But if it should appear that the victed.
conviction was pronounced in the absence of the
accused for contumacy in not having surrendered to
take his trial , the same evidence shall be produced to
the Magistrate as in the case of a person accused but
not convicted .
4. In every case proof of theidentity of the fugitive must identity,
Proof of
be given to the satisfaction of the Magistrate.
Authentica
5. Warrants of arrest and copies of depositions, signed or tion of docu
taken before any such Judge or other competent ments.
Magistrate, as aforesaid, andcopies of convictions,
shall be received in evidence, if the warrant of arrest
purports to be signed by such Judge or Magistrate
and if the copies of depositions pỊirport to be certified
under the band of such Judge or Magistrate to be
true copies of the original depositions, and if the copy
of the conviction purport to be certified under the
hand of the Judge of the Court by which the fugitive
was convicted to be a true copy of the original convic
tion . The signature ofevery such Judge or Magistrate
and his authority to take cognizance of the crime or
offence charged, shall be sufficiently proved if the
document purport to be sealed with the official seal of
the Governor of Macao, and all Courts of Justice in
this Colony shall, for the purpose of this ordinance ,
take judicial notice of such seal , and shall admit the
documents so authenticated by it to be received in
evidence without further proof.
6. The original warrant of arrest and the copy of the Documents to
depositions, or, as the case may be, the copy of the beread to the
conviction , shall be read to the fugitive, and he shall must be askerl
be asked if he has any valid cause to show why he to show cause.
should not be committed to gaol to await the order of
the Governor in Council .
6. If the fugitive fails to show cause to the satisfaction of the Committal.
Magistrate why he should not be committed, and if the Mayis
trate is of opinion that there is sufficient primâ facie evidence
to establish the criminality of the fugitive, he shall commit him
to gaol , there to await the order of the Governor in Council :
provided that before any such committal, the Magistrate shall Proviso as to
inform the fugitive that a period of fifteen days will be allowed appeal
writ of and
habeas
him to appeal to the Supreme Court if he shall think fit, under corpus.
section 7, or to apply for a writ of habeas corpus.
606 ( 1 of 1881. ] MACAO EXTRADITION .
Appeals to
Supreme
7. Ordinance 4 of 1858 * as to appeals from the decisions of
Court, Magistrates shall not apply to proceedings under this ordinance ,
( * Repealed .] but the following rules as to appeals shall be observed , that is
to say :
Appeal from
order of 1. If the fugitive desires to appeal to the Supreme Court
committal . against a Magistrate's order of committal and notifies
such desire to the Magistrate at any time before the
expiration of fifteen days from the date of such order ;
or if the Attorney General desires to appeal to the
Appeal from Supreme Court against a Magistrate's order of dis
order of
discharge. charge of a fugitive and notifies such desires to the
Magistrate at any time before the actual discharge of
the fugitive, the Magistrate shall, subject to the
provision in rule 3 hereinafter contained, grant such
Transmission
of depositions ,
appeal and transmit forthwith to the Registrar of the
& c. Supreme Court the depositions and all other docu
ments relating to the case, together with any state
ment in writing which he may think fit to annex in
relation thereto .
Fugitive to 2. If the appeal is by the Attorney General against an
remain in
custody. order of discharge, such order shall be suspended until
the conclusion of the appeal, and the fugitive shall be
detained in custody until further order of the Magis
trate, or of the Supreme Court. 2
Frivolous
appeal by
3. If the appeal is by a fugitive against an order of
fugitive.
committal and the Magistrate has reason to believe
that the appeal is merely frivolous, he may refuse to
grant the same.
Petition for
order of
4. In case the Magistrate refuses to grant an appeal to a
appcal. fugitive on the ground that the same is frivolous ,
the Supreme Court may, if it thinks fit, upon the
fugitive's petition in writing, setting forth the grounds
of appeal, make an order directing the Magistrate to
grant the appeal.
Notices to
Crown
5. The Magistrate shall cause notice of his intention to
Solicitor. discharge a fugitive ( otherwise than in pursuance of
any decision of the Supreme Court), and also of any
appeal by аa fugitive against his committal, to be served
upon the Crown Solicitor, and no fugitive shall be
discharged by a Magistrate ( otherwise than aforesaid ),
unless the Attorney General has had an opportunity
of being licard in opposition thereto , and of giving
notice of appeal.
Proceedings 6. Every appeal under this ordinance may be heard in
on appeal,
vacation and cither in Court or in Chambers, and shall
MACAO EXTRADITIOX . [ 1 of 1881. ] 607
be set down for hearing on such early day and at such
hour as the Chief Justice appoints, notice whereof
shall be given in writing by the Registrar to the Su
perintendent of the Gaol, who shall on the day and
hour appointed bring the fugitive before the Chief
Justice ; and on the hearing of the appeal the Chief
Justice may ; if he thinks fit , receive any new evidence
and may either affirm or reverse the decision of the
Magistrate according as he is of opinion that there is,
or is not, sufficient primâ facie evidence of the crimin
ality of the fugitive or that the conditions and regu
lations of section 5 have or have not, been complied
with , and may order the fugitive to be committed to
gaol or to be discharged , as the case may be, or make
any other order with respect to the said matter as may
be requisite to the due adjudication thereof.
8. The Magistrate before whom a fugitive is brought under Magistrate's
this ordinance shall, at the conclusion of the case, send a report report to .
thereon to the Governor.
9. It shall be lawful for the Governor in Council, if in the extradit
Grant ofion
discretion of the Governor in Council it seems fit, after the ex warrant.
piration of fifteen days from the date of the committal of a
fugitive by a Magistrate or, in case of any proceeding by appeal
or writ of habeas corpus, then subject to the decision of the
Supreme Court thereon, and subject also to the provisions of
sections 10 and 11 hereinafter contained, by order directed to
the Superintendent of the Gaol and hereinafter called an “ Ex
tradition Order” to order the fugitive so committed to be de
livered to such person as shall by warrant under the hand and
seal of the Governor of Macao be authorized to receive him , and Custody and
such fugitive shall be delivered up accordingly ; and the person fugitives
surrender of
authorized as aforesaid may bold such fugitive in custody, and
convey bim to any place within the territory of Macao, and if
such fugitive escapes out of any custody to which he is com- Provision as
mitted or to which he is delivered as aforesaid, it shall be lawful to escape.
to retake him in the same manner as any person accused of any
felony committed within this Colony may be retaken upon an
escape: provided that in every case where before the expiration
of the said period of fifteen days the order of committal has been
affirmed on appealor the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his dis
charge, it shall be lawful for the Governor in Council in such
discretion and subject as aforesaid , to grant an extradition order
without further delay.
10. No extradition order shall be granted by the Governor Political
in Council in any case where in the opinion of the Governor in offences.
608
[ 1 of 1881.] MACAO EXTRADITION .
Council the requisition for the extradition of the fugitive has
been made for political reasons or a political offence is involved
in the crime charged ; but it shall not be open to the fugitive
to claim his discharge from custody on such ground before any
Judge or Magistrate, and any attempt against the life of the
Governor or of any public officer or member of the Government
of Macao shall not be deemed a political offence.
Where
fugitive is 11. No extradition order shall be granted by the Governor in
undergoing Council in respect of any fugitive who is undergoing any sen
sentence in tence of imprisonment pronounced by any of the Courts of this
this Colony.
Colony, or who is charged with any crime or offence cognizable
by the said Courts, until the expiration or previous determina
tion of such sentence or of any sentence which may be pro
nounced upon his trial for such crime or offence, or until his
acquittal or the abandonment of such charge.
The Governor
may issue 12. The Governor in Council may at any time issue an order
order of
release.
directed to the Superintendent of the Gaol for the release of any
fugitive in custody under this ordinance in respect of whom the
Governor in Council does not think fit to issue an extradition
warrant, and thereupon such fugitive shall be forthwith dis
charged from such custody.
Fugitive may 13. Where any fugitive who has been committed under this
apply to the
Supreme ordinance is not delivered up pursuant thereto, and conveyed
Court for his out of this Colony within one month after the date of such
committal,
not delivered made the Chief Justice may at any time, upon application
up within a to him by or on behalf of the fugitive, and upon its being
certain time.
proved to his satisfaction that reasonable notice of the intention
Notice to be
given to the
to make such application has been given to the Crown Solicitor,
Crown
Solicitor.
order the fugitive so committed to be discharged out of custody,
unless sufficient cause is shown to him why such discharge
ought not to be ordered : provided that in every case where
such fugitive bas appealed to the Supreme Court or has applied
for a writ of habeas corpus the said period of one inonth shall
be computed from the date of the decision of the Supreme
Court upon such proceeding, and in every case within section
11 the said period shall be computed from the date of the ex
piration of the fugitive's sentence or of his acquittal or of the
abandonment of the charge as therein mentioned.
Power to add 14. The Governor in Council may, from time to time, by
to the
dule of crimes order to be published in the Gazette, declare that any crime or
and offences. offence specified in such order, and not included in the first
schedule hereto, shall form part thereof, and from and after the
date of the publication of such order, the several crimes and
offences specified therein shall come within the operation of this
ordinance as if the same had been originally included in the
said schedule.
MACAO EXTRADITION . 609
[ 1 of 1881. ]
15. The Governor in Council may at any time by order to Power to ex
be published in the Gazette, declare that any crime or offence crime
pungeorany
specified in the first schedule hereto, or which may hereafter schedule.
offence from
be added to the said schedule as hereinbefore provided, shall no
longer form part thereof, and from and after the date of the
publication of such order, such crime or offence shall cease to
come within the operation of this ordinance.
16. All expenses incident to the apprehension, detention, Expenses of
maintenance, and delivery of a fugitive under this ordinance, extralition,
shall be borne by this Colony.
17. If any action be brought against a Magistrate, gaoler, Magistrate,
Protection to
officer of Police, or any otherperson for anything done in obe- gaoler,& c.,
dience to any warrant or order issued under the provisions of acting under
this ordinance, the proof of such warrant or order shall be a
sufficient answer to such action , and the defendant or defendants
on such proof as aforesaid shall be entitled to a verdict or judg
ment in his or their favour, and shall also be entitled to his or
their full costs of suit .
18. The forms given in the second schedule to this ordinance second
Forms insched .
or forms to the like effect, with such variations and additions as ule may be
circumstances require, may be used for the purposes therein indi- used .
cated , and instruments in those forms shall (as regards the
form thereof) be valid and sufficient.
Proviso as to
19. In case the Governor in Council shall deem it expedient repeal or
that this ordinance or any part thereof should be repealed, or suspension of
the operation thereof suspended for any period, it shall be law. ofordinan ce, or
any part
ful for the Governor of this Colony by proclamation in the thercof.
Gazette, to declare that this ordinance or any part thereof shall
be suspended in its operation for any period, or that the same
is repealed , and from the date of the publication of such procla
mation in the Gazette, the said ordinance or such part thereof
as may be specified in the proclamation shall be deemed to be
suspended or repealed accordingly .
FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES .
The following list of crimes and offences is to be construed according to
the law existing in the Colony of Hongkong at the date of the alleged crime
or offence, whether by common law or by imperial statute or local ordinance
made before or after the passing of this ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
Wounding with intent to do grievous bodily harm .
Counterfeiting and altering money and uttering counterfeit or altered money.
610 [ 1 or 1881. ] MACAO EXTRADITION .
Forgery, counterfeiting, and altering, and uttering what is forged or coun
terfeited or altereil .
Embezzlement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretences.
Crimes by bankrupts against bankruptcy law .
l'rand by a bailee, banker, agent, factor, trustee, or director, or member, or
public officer of any company made criminal by any law for the time being
in force.
Rape.
A bduction, or forcible taking or detention .
Child - stealing .
Burglary and house - breaking.
Arson .
Robbery with violence.
Threats by letter or otherwise with intent to extort.
Piracy by law of nations, or municipal law .
Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
Assaults on board a ship on the high seas with intent to destroy life or to
do grievous bodily harm .
Revolt or conspiracy to revolt by two or more persons on board a ship on
the high seas against the authority of the master.
Desertion from the naval, military or police force.
SECOND SCHEDULE .
FORMS.
1.
( Governor's warrant to Magistrates .)
“ THE MACAO EXTRADITION ORDINANCE, 1881."
By Ilis Excellency
Governor and Commander - in -Chief of
this Colony and its dependencies.
To ........
Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above ordi
nance for the surrender of one now in this Colony, charged
with having committed the crime of within the territory of
Macao and with being a fugitive from justice ;
You are hereby required to govern yourselves accordingly, and to aid in
apprehending the said fugitive and in committing him to gaol for the purpose
of his being delivered up to justice according to the provisions of the said
ordinance, and for so doing this shall be your warrant.
Given under my hand and seal at Victoria , Hongkong, this day of
18
L.S.
Governor, &c.
By order,
Colonial Secretary.
MACAO EXTRADITION . [ 1 OF 1881. ] 611
2.
( Warrant of apprehension .)
“ The Macao EXTRADITION ORDINANCE, 1881."
to wit . } To all and each of the constables of the Hongkong Police Force.
Hongkong
Whereas His Excellency
Governor and Commander- in - Chief of this Colony
and its dependencies, by warrant under his hand and seal has signified that
pursuant to the above ordinance, requisition has been duly made to him for
delivering up to justice one now in this Colony, charged
with having committed the crime of within the territory
of Macao and with being a fugitiv e from justice, and has required the Police
Magistrates to govern themselves accordingly and to aid in apprehending the
said fugitive ;
This is therefore to command you in Her Majesty's name forth with to
apprehend the said fugitive pursuant to the said ordinance wherever he may
be found in this Colony and bring him before me or any other Police Magis
trate sitting in this Court to answer unto the said charge, and for which this
shall be your warrant.
Given under my hand and seal at the Magistrates' Court of this Colony,
this day of in the year of our Lord , 18 .
L.S.
Police Magistrate.
3.
( Order to Superintendent of gaol to bring up prisoner .)
" The Macao EXTRADITION ORDINANCE, 1881. "
To the Superintendent of Victoria Gaol.
Whereas His Excellency
Governor and Commander -in -Chief of this Colony
and its dependencies, by warrant.under his hand and seal has signified that
pursuant to the above ordinance, requisition has been duly made to him for
delivering up to justice, one
charged with having committed the crime of
within the territory of Macao and with being a fugitive from justice, and has
directed the Police Magistrates to govern themselves accordingly for the
purpose of such fugitive being delivered up to justice under the provisions
of the said ordinance ;
And whereas the said fugitive is now detained in Victoria Gaol under
your custody ;
You are hereby ordered to bring up the said
forthwith before me or any other Police Magis
trate sitting in this Court to be dealt with as provided by law.
Given under my hand and seal, this day of 18 at
the Magistrates' Court of this Colony.
L.S.
Pulice Magistrate.
612 [ 1 of 1881. ] MACAO EXTRADITION ,
4.
( Warrant of Committal. )
“ THE MACAO EXTRADITION ORDINANCE, 1881."
Hongkong
to wit. } .one
To
of the constables of the Hongkong Police Force, and to the
Superintendent of Victoria Gaol .
Wbereas on the day of in the year of our Lord 18
late of
was brought before me
one of the Police Magistrates sitting at the Magis
trates' Court of this Colony, charged with having committed on the
day of 18 , within the territory of Macao, the crime of
and with being a fugitive from justice ;
And whereas the evidence which has been shown to me of the criminality
of the said
is, in my opinion, sufficient to justify his committal to gaol, pursuant to
section 6 of the above ordinance ;
This is therefore to command you the said constable in Her Majesty's
name forthwith to convey and deliver the body of the said
into the custody of the said Superintendent of Victoria Gaol ; and
you the said Superintendent to receive the said
into your custody in the said gaol and him there safely to keep
until he shall be thence delivered , pursuant to the provisions of the said
ordinance, for which this shall be your warrant.
Given under my hand and seal at Hongkong, this day of
in the year of our Lord, 18
L.S.
Police Magistrate.
5.
( Petition of fuyitire for order of appeal. )
“ The MacAO EXTRADITION ORDINANCE, 1881."
To the Honourable
Chief Justice.
The humble petition of
a prisoner in Victoria Gaol,
Showeth :
1. That your petitioner was on the day of instant (or last ]
committed to gaol by A.B., Esquire, Police Magistrate , as a fugitive
from justice, there to a wait the order of His Excellency the Governor,
under the provisions of the above ordinance.
2. That your petitioner has been advised (or believes ] that the said order of
committal ought to be reversed on the following grounds, that is to say :
[ State Grounds. ]
3. That your petitioner has given notice to the Magistrate of his desire to
appeal against the said order, but the Magistrate bas refused to grant
the said appeal .
Your petitioner therefore humbly prays that this Honourable Court
will be pleased to order that the said appeal be granted.
And your petitioner will ever pray, lic ., &c .
MACAO EXTRADITION . of 1887. ] 613
[ 1 OF
6.
( Notices to the Crown Solicitor of the fugitire's appeal or of the
Magistrate's intention to discharge the fugitive.)
“ The MacAO EXTRADITION ORDINANCE, 1881. "
To A. B., Esquire,
Crown Solicitor.
Whéreas one has been brought before A. B. ,
Esquire, one of the Police Magistrates, charged with having on the
day of committed the crime of within the
territory of Macao and with being a fugitive from justice ;
And whereas the evidence which has been shown to the said Magistrate of
the criminality of the said
is not, in his opinion, sufficient to justify his committal to gaol under the
provisions of the above-mentioned ordinance ;
And whereas by reason thereof, the said Magistrate intends to make an
order for his discharge on next, the day of at the hour of
[ or ]
And whereas the said Magistrate has ordered the committal of the said
fugitive to gaol under the provisions of the above -mentioned ordinance ;
And whereas the said fugitive has appealed against the said order of
committal ;
This is therefore to give you notice of such intended order ( or appeal]
pursuant to section 7 of the said ordinance.
Magistrate's Clerk.
Dated the day of 18
7.
(Magistrate's Order of Discharge .)
* THE MACAO EXTRADITION ORDINANCE ."
Hongkong To
to wit. } Superintendent of Victoria Gaol.
Whereas on the day (or days ] of in the year of our
Lord 18 > One late of was brought
before me one of the Police Magistrates sitting at the
Magistrates' Court of this Colony, charged with having committed on the
day of 18 within the territory of Macao, the
crime of and with being a fugitive from justice ;
And whereas the evidence which has been shown to me of tlie criminality
of the said is not, in my opinion, sufficient to justify his committal
to gaol, pursuant to section 6 of the above ordinance ;
You are hereby ordered to discharge the said from your custody in
the said gaol under the said ordinance, for which this shall be your warrant.
Given under my hand at Hongkong, this day of in the
year of our Lord 18
L.S.
Police Magistrate.
614 [ 1 OF 1881. ] MACAO EXTRADITION .
8.
( Extradition Order of Governor in Council .)
66
" The Macao EXTRADITION ORDINANCE, 1881."
( Order by the Governor in Council.)
To the Superintendent of Victoria Gaol.
Whereas on the day of 18 > one was
committed to gaol as a fugitive under the provisions of the above ordinance ;
And whereas the said is now in Victoria gaol in your custody
under the said committal ;
And whereas it has been determined that the said fugitive shall be surrend
ered to the Government of Macao ;
You are hereby ordered to deliver the said unto being
the person duly authorized by the Government of Macao to receive the said
fugitive and to convey him within the territory of Macao, and for so doing
this shall be your warrant.
Approved in Council.
Governor, & c.
Clerk of Councils.
9.
( Governor's order of release.)
“ Tue Macao Extradition ORDINANCE , 1881."
By His Excellency Governor and
Commander -in -Chief of this Colony and its dependencies.
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive under the
provisions of the above ordinance ;
And whereas it has been determined that no extradition order shall be
granted in respect of the said fugitive ;
You are hereby ordered to release the said from custody under the
said ordinance ,
Given under my band at Victoria, Hongkong, this day of
18
L.S.
Gorernor, & c.
By order,
Colonial Secretary.
CENSUS . [ 2 of 1881. ) 615
No. 2 OF 1881 .
An Ordinance entitled “ The Census Ordinance, 1881."
[ 14th March , 1881. ]
WHEHEREAS
RfromE timeit istoexpedient to make provision
time, the census of the
for taking,
Colony of
Hongkong :
1. The Governor in Council may authorize and direct a census The Governor
to be taken of the inhabitants of the Colony at snch times as he census
mendimet
thinks fit, and may, from time to time,appoint and remove such appoint and
remove
officers as may be necessary for the purpose. officers.
Notice of the intention to take such census, and of the date Proviso.
of such intended taking, shall be published in the Gazette at
least ten day's previously.
2. The officers appointed to take the census shall, in accord- mak
Officers to
e neces
ance with the instructions of the Governor, make such arrange sary arrange
ments as may be necessary for the purpose . ments .
3. Schedules shall be prepared under the direction of the schedules to
Governor, for the purpose of being filled up by or on behalf of be prepareil.
the several occupiers of every dwelling-house or place of
residence in the Colony, and by or on behalf of the persons on
board every vessel in the waters of the Colony, with such
particulars as to the Governor in Council may seem fit.
4. The Governor in Council may , from time to time, make, Regulations.
and when made, revoke, add to, and alter regulations for carrying
out this ordinance, and all such regulations, revocations,
additions and alterations shall be published in the Gazette, and
shall be posted in such places and in such languages as the
Governor in Council may direct..
5. The master or keeperofevery school,gaol,prison, hospital, Inmatesof
,
or public or charitable institution, and the manager of every tals, &c., how
dock, factory, or place employing over twenty persons, and the enumerated.
proprietor or manager of every hotel, and the master 'or person
in charge of every vessel lying within the waters of this Colony,
shall be the enumerators of the inmates thereof or the persons
residing therein .
6. All officers appointed under this ordinance may ask all Enumerators
such questions as are necessary for obtaining the information may ask
. ques
required under this ordinance.
7. Any person who, without lawful excuse, wilfully refuses Offences.
or neglects to fill up and sign according to the truth of the
case, or to alter or amend in any particular, if required to do so
by the enumerator, any schedule so left at his house or place of
residence ; or to deliver the same to the enumerator or other
616 [ 2 & 3 OF 1881.] CENSUS . — PENAL ORDINANCES AMENDMENT.
officer when required to do so ; or to furnish information to any 1
enumerator, or to permit any enumerator to obtain information
on board his vessel ; or to answer any such question as aforesaid
put to him by any enumerator or other officer, shall, on
conviction before a Magistrate, be liable to a fine not exceeding
twenty -five dollars ; and any person who wilfully makes, signs,
or delivers, or causes to be made, signed, or delivered, any
false return as to any of the matters specified in this ordinance ;
or who wilfully obstructs any enumerator or person engaged in
the execution of duties required of them under this ordinance,
shall, on summary conviction before a Magistrate, be liable to
a fine not exceeding one hundred dollars.
Any enumerator appointed under this ordinance who know
ingly makes a false return of any of the matters specified herein ,
shall be liable , on conviction before a Magistrate, to a fine not
exceeding five hundred dollars.
Fines imposed under this section shall be recoverable in the
same way as fines imposed on convictions under Ordinance 16
of 1875 .
Payment of 8. The Governor in Council shall award such remuneration
officers,
as he thinks fit to officers and enumerators appointed under
this ordinance.
No. 3 OF 1881 .
Title, An Ordinance entitled “ The Penal Ordinances amend
ment Ordinance, 1881,”
[24th June, 1881. ]
Preamble . HEREAS it is expedient to amend the penal laws in
W force in this Colony :
* *
*
-X
Flogging on
the back
3. It shall not be lawful to award any sentence of flogging
unlawful : on the back ; and every sentence of flogging or whipping shall
floggingrattan
to be provide that such flogging or whipping shall be inflicted with a
on the breech. rattan on the breech , and shall specify the number of strokes or
[ .V0.9 of lashes and shall further provide :-
1884. ]
(a.) Except in the case of a person under the age of 14 years
summarily convicted that the same shall be inflicted in
some prison, and
(6. ) In the case of a person under the age of 14 years sum
marily . convicted that the same hall be inflicted
privately.
COMPANIES. [ 14 or 1881. ] 617
No. 14 OF 1881 .
An Ordinance entitled the “ Companies Ordinance, ( See No.1of
1881." 1865 , Nos, 2
f: 3 of 1866,
NO. 1 of 1877,
[ 29th August, 1881. ] No. 3 of 1883,
* * *
No. 30 of 1886
**
& No. 25 of
1890.)
1. This ordinance shall not apply to banking companies. Ordinance
not to apply
to banks.
2. This ordinance shall so far as is consistent with the tenor Ordinance to
be construed
thereof be construed as one with the Companies Ordinance, 1865 ,
the Companies Ordinance, 1866 , and the Companies Ordinance, Companies
Ordinances
1877, and those ordinances together with this ordinance may 1865,1866and
1867 .
be referred to as the Companies Ordinances 1805 to 1881 .
3. Subject as in this orilinance mentioned any company Registration .
registered before or after the passing of this ordinance as an pany
anew of com
unlimited company may register under the Companies Ordi- lity:
limited liabi
nances 1865 to 1881 as a limited company , or any company
already registered as a limited company may re-register under
the provisions of this ordinance,
The registration of an unlimited company as a limited coin
pany in pursuance of this ordinance shall not affect or prejudice
any debts, liabilities, obligations or contracts incurred or entered
into by, to, with , or on behalf of such company, prior to such
registration as aforesaid, and such debts , liabilities, contracts
and obligations may be enforced in manner provided by the
Companies Ordinance, 1866, in the case of aa company register
ing in pursuance of that ordinance or otherwise .
4. An unlimited company may by the resolution passed by Reserve
the members when ussenting toregistration as a limited com- comp
capitalanyofhow
pany under the Companies Ordinances 1865 to 1880, and for provided .
the purpose of such registration or otherwise increase the nominal
amount of its capital by increasing the nominal amount of each
of its shares.
Provided that no part ofsuch increased capital shall be capable
of being called up, except in the event of and for the purposes
of the company being wound up.
And , in cases where no such increase of nominal capital may
be resolved upon, an unlimited company may, by such resolution
as aforesaid, provide that a portion of its uncalled capital shall
not be capable of being called up except in the event of and for
the purposes of the company being wound up..
A limited company may by a special resolution declare that
any portion of its capital which has not been already called up
shall not be capable of being called up except in the event of
618 [ 14 of 1881. ] COMPANIES.
[ 8 OF 1882. ] BANISHMENT AND CONDITIONAL PARDONS.
and for the purposes of the company being wound up, and there
upon such portion of capital shall not be capable of being called
up, except in the event of and for the purpose of the company
being wound up.
Application
of the
5. On the registration, in pursuance of this ordinance, of a
Companies coinpany which has been already registered, the Registrar shall
Ordinance
1865 , the
make provision for closing the former registration of the com
Companies pany, and may dispense with the delivery to him of copies of
Ordinance
any documents with copies of which he was furnished on the
1866 and the occasion of the registration of the company ; but, save as
Companies
Ordinance
1877 . aforesaid, the registration of such a company shall take place in
the same manner, and have the same effect as if it were the first
registration of that company under the Companies Ordinances
(*Sic:
*
1881. ]
query 1865 to 1880, * and as if the provisions of the ordinance under
which the company was previously registered and regulated
had been contained in different ordinances from those under
which the company is registered as a limited company.
Privileges of 6. A company authorized to register under this ordinance
available not. may register thereunder, and avail itself of the privileges con
withstanding
constitution
ferred by this ordinance, notwithstanding any provisions con
of Company. tained in any ordinance, deed of settlement , or contract of co
partnery, constituting or regulating the company.
No. 8 OF 1882 .
Title. An Ordinance entitled The Banishment and Conditional
Pardons Ordinance, 1882.
[ 1st March, 1882.]
* -> ***
Interpreta
tion clause .
1. In the construction of this ordinance, the expression " order
of banishment” means an order of the Governor in Council,
prohibiting a person from residing or being within this Colony,
for a term not exceeding five years
..
Security to
appear within
2. When any person not being a natural born or naturalized
twelve subject of Her Majesty having been convicted of any offence
months. punishable by imprisonment has within twelve months after
the expiration of any term of imprisonment which he may have
suffered for such offence been convicted of any offence punishable
by imprisonment such person may at any time be required by
any Magistrate to find reasonable security for his appearance in
any Court for any purpose , and at any time within twelve
months, and every adjudication to that effect shall be made in
BANISHMENT AND CONDITIONAL PARDONS . [ 8 of 1882. ] 619
open Court, and reported forthwith to the Governor ; and such
person not finding such security shall be deemed a person
dangerous to the peace of the Colony.
3. The Governor in Council may, by order, prohibit any power to
person not being a natural born or naturalized subject of Her banish
years. for five
Majesty from residing or being within this Colony during any
space of time not exceeding five years, and may by the same or
any subsequent order, fix the time for the departure of such
person from the Colony. Every order made under this section
prohibiting any person froin residing or being within this Colony
shall contain a statement of the grounds upon which it is made.
It shall be in the discretion of the Governor in Council to order 1885.
f.10. ]# of
that the person namel in any such order, be detained in custody of
the Police until he leares the Colony, and such person may thereupon
be arrested, and shall be deemed to be under lawful arrest until he
leaves the Colony or until the final departure from the Colony of
any vessel in which he leares .
4. Every person who has been prohibited by order of the Penalty for
Governor in Council from residing or being within this Colony disobedience
of order of
for any space of time not exceeding five years under the banishment.
provisions of this or any other ordinance, and who without
lawful authority or excuse , the proof of which shall lie upon
him , is in this Colony after the date of such order, or after the
time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and
upon conviction thereof shall be lĩable to imprisonment, with or
without hard labour, for any period not exceeding one year :
provided that in all cases in which the prisoner when brought
before a Magistrate upon such charge shall plead guilty thereto ,
it shall be lawful for the Magistrate to deal summarily with the
case, instead of committing the prisoner for trial at the Supreme
Court.
5. The Governor may in his discretion grant to any oftender Governor may
convicted of any crime a pardon subject to either of thefollowing grant
subject patroon
conditions, as the case may be , viz .: that such offender shall certain
conditions.
quit the Colony and not afterwards be found at large therein ;
or that such offender shall , in lieu of a sentence of death which
may have been passed upon himn by any Court of competent
jurisdiction, suffer such term of imprisonment, with or without
hard labour, or penal servitude, as the Governor may think tit.
6. If any offender to whom a pardon has been granted either Breach of
before or after the passing of this ordinance, on the condition of conditional
his quitting the Colony, be afterwards found at large therein
without lawful authority or excuse, the proof whereof shall lie
upon him , he shall be guilty of a felony or of a misdemeanor,
020 8 OF 1982 . BANISHMENT AND CONDITIONAL PARDONS,
( 9 of 1882.1 OFFICIAL ASSIGNEE IN BANKRUPTCY.
according to the nature of the offence for which he received
such conditional pardon, and shall, on conviction, be liable, to
any sentence not exceeding the whole of his originalor commuted
sentence, such sentence to commence froin the date at which
he is tried and convicted under this ordinance : provided that
in all cases in which the prisoner when brought before a
Magistrate upon such charge shall plead guilty thereto, it shall
be lawful for the Magistrate to deal summarily with the case,
and to remit him to gaol to undergo any sentence not exceeding
the whole of his original or commutedsentence, instead of
committing him for trial at the Supreme Court.
Power of
Governor to
7. If it appears fit to the Governor in Council, the Governor
issue new
order of
in Council may issue a new order of banishment against any
banishment. person who has been convicted of an offence against section 4
of this ordinance, and such order shall commence to take effect
during or at the expiration of any term of imprisonment to
which the prisoner has been sentenced.
Power to
binish for
8. If it appears fit to the Governor in Council, the Governor
offence in Council may issue an order of banishment against any person
against sec. 6. who has been convicted of an offence against section 6 of this
ordinance, and such order shall commence to take effect during
or at theexpiration of any term of imprisonment to which the
prisoner has been sentenced.
Harbouring 9. Any person who knowingly harbours or conceals in the
banished
persons. Colony of Hongkong , any person whose bauishment has been
ordered, shall , on conviction thereof before a Magistrate, be
liable to a fine not exceeding fifty dollars, or in default of
payment, to be imprisoned with or without hard labour, for any
term not exceeding six months.
*
Suspending 11. This ordinance shall not come into operation until Her
clanse.
Majesty's confirmation thereof is proclaimed by the Governor.
[ Confirmation proclaimed 7th July, 1882.]
No. 9 of 1882 .
Title.
An Ordinance entitled Bankruptcy Official Assignee
Ordinance, 1882.
[ 27th April, 1882. ]
Preamble.
HEREAS doubts have arisen as to the powers of the
WHEOfficial Assignee in bankruptcy to administer certain
bankruptcies in relation to which special appointments of
assignees were made under Ordinance 15 of 1867, and it is
* >
expedient to remove such doubts :
OFFICIAL ASSIGNEE IN BANKRUPTCY. [ 9 OF 1882. 621
VOLUNTEERS . [ 18 OF 1882.
The Official Assignee in bankruptcy under Ordinance 5 of Official As
1864 shall be deemed to be the Official Assignee in all bank- Ordinance
siglice under5
ruptcies pending at the time of the passing of this ordinance, Official
of 1864toAs
be
notwithstanding any special appointments of assignees that sigueein all
may have previously been made in relation to any of such bankruptcies.
bankruptcies under Ordinance 15 of 1867 , and shall in respect
of the collection and distribution of assets remaining uncollected
or undistributed have all the powers and duties of an Official
Assignee in bankruptcy, under Ordinance 5 of 1864 , in relation
to all such bankruptcies, as fully to all intents and purposes,
as if no special appointments had previously been made under
Ordinance 15 of 1867, and all property and effects and rights
and interests which at the time of thepassing of this ordinance
were vested in any persons specially appointed to be assignees
in any of such bankruptcies, under Ordinance 15 of 1867, shall
on the passing of this ordinance be divested out of such persons
and vest absolutely , by virtue thereof, in the said Official
Assignee, as fully and effectually to all intents and purposes
as if such persons had been appointed assignees under Ordi
nance 5 of 1864 and had died resigned or been removed from
such office.
No. 18 OF 1882.
An Ordinance entitled, “ The Volunteer Ordinance,
1882. "
[ 13th December, 1882. ]
* *
2. Such of the inhabitants of Hongkong as volunteer and . Formation of
offer themselves, and as the Governor approves of, may form corps.
themselves into a corps for the protection of the Colony of
Hongkong, to be called the “ Hongkong Volunteers," and shall
continue so formed during the pleasure of the Governor. Such
volunteers shall be instructed in the use of the rifle and in the
management of artillery, and be subject to drill accordingly.
3. The Governor may from time to time appoint and com- and Appointment
removal
mission fit persons to be officers of such corps,, and may from of officers.
time to time remove any person so appointed.
4. The commanding officer of the corps shall appoint the ofappointment
non
necessary non -commissioned officers. commissioned
officers .
5. The commanding officer of the corps shall, as soon as he Commanding
conveniently can do so, frame rules for regulating the period of fiflick
frame torules
1
6:22
( 18 & 20 or 1882. ] VOLUNTEERS . --VACATION OF OFFICES .
subject to enrolment, arms, dress, accoutrements and equipment of the
Governor's
approval. said corps and of the members thereof, the time and place of
drill and cxercise, and all matters relating to the enrolment,
efficiency, and discipline of the said corps and of the members
thereof , which rules may be enforced by fines for breach thereof,
not exceeding $ 50 for any one breach , to be recoverable and
enforced before and by a Police Magistrate; and may from
time to time alter and vary such rules.
All such rules and alterations of rules shall be submitted to
the Governor for confirmation , and when confirmed shall have
the same force for the regulation of the members of the said
Corps as if they had been inserted in and had formed part of
this ordinance.
Enrolment.
6. Every volunteer, being a Christian, upon being admitted
shall subscribe his name on the roll of the said corps, and
shall take before a Justice of the Peace or the commanding
officer, an oath according to the form following :
I , A.B., do promise and swear that I will be faithful and
bear true allegiance to Her Majesty Queen VictoRIA,
and that I will faithfully serve in the “ Volunteer
Force ” during the term of my enrolment: So help
me God .
And every volunteer, not being a Christian , sball before a
Justice of the Peace or the commanding officer make a decla
ration according to the form following :
I, A.B. , do solemnly, sincerely , and truly declare that I
9
will be faithful and bear true allegiance to Her Majesty
Queen VICTORIA , and that I will faithfully serve in
the “ Volunteer Force” during my term of enrolment.
The commanding officer for the time being shall have power
to administer oaths and take declarations for the purpose of
this ordinance.
No. 20 OF 1882 .
An Ordinance to provide for the vacation of offices,
and the determination of pensions and allowances held
by persons convicted of crime.
[13th December, 1882. ]
Persous
convicted of
1. If any person convicted within the jurisdiction of any of
crime to Her Majesty's Court, after the passing of this ordinance, of
forfeit office, treason or felony for which he shall be sentenced to death , or
pension, and
allowances. penal servitude, * or any term of imprisonment with hard labour,
[ " See No. 10
of 1887.]
VACATION OF OFFICES . [ 20 of 1882. 623
SUPREME COURT . [ 22 of 1882 .
or exceeding twelve months, shall at the time of such conviction
hold in this Colony any civil office under the Crown or other
public employment or place, or be entitled to any pension or
superannuation allowance payable by the public, or out of any
public fund, such office, employment, or place shall forthwith
become vacant , and such pension or superannuation allowance
shall forth with determine and cease to be payable, unless such
person shall receive a free pardon from Her Majesty, within
six months after such conviction, or before the filling up of
such office, employment, or place, if given at a later period ;
and such person shall become and (until he shall have suffered
the punishment to which he has been sentenced or such other
punishment as by competent authority may be substituted for
the same, or receive a free pardon from Her Majesty ) shall
continue thenceforth incapable of holding in this Colony any
civil office under the Crown or other public employment or
place .
No. 22 OF 1882.
An Ordinance to amend the Supreme Court Ordinance, (se No. 17 of
ISS .)
1873 .
[ 19th December, 1882. ]
HEREAS it is espedient to amend the Supreme Court Preamble.
W Ordinance, 1873 , and to make further provision for the
execution of the process of the Supreme Court ;
* * *
2. The Governor may from time to time appoint one or more Appointment
bailiff's of the Supreine Court, and may also from time to time of bailiffs and
approve of the appointment by any such bailiff of a deputy bailiffs.
bailiff. Each bailiff may, however, act as the deputy of another
and execute any process of the Court, although it may have
been directed personally to some other bailiff.
3. The Registrar shall direct the process of the Court to be Registrar may
executed by such of the bailiffs of the Court as he may from tiodirect
n ofexecu
time to time think fit. cess .
4. In case process may be awarded by the Court against any Process
officer of the Court, such process may be issued directed or officer
againstofanthe
executed by any other officer of the Court as the Court or a court.
Judge may direct.
SUPREME COURT .
621 [ 22 OF 1882. ]
Bailiff to 5. Each bailiff shall serve and execute all process of the
execute
process. Supreme Court under the directions of the Registrar, and make
a return of the same together with the manner of the execution
thereof to the Court , and shall arrest and convey to prison all
such persons as shall be committed to his custody by order of
the Court.
Bailiff pro
tected from
6. No suit shall be brought against a bailiff for anything
acts done by done or omitted to be done by him whilst acting under the
order.
directions in writing of the Registrar or of a Deputy Registrar
of the Court or in pursuance of any order made or given by
the Court or a Judge as hereinafter mentioned. Provided
always that such bailiff do not wilfully misrepresent, or suppress
any material fact in obtaining any such directions from the
Registrar or Deputy Registrus.
Registrar and 7. No suit shall be brought against the Registrar or any
Deputyobea
trar protected Deputy Registrar for any act done or omitted to be done by
from acts done any of the bailiffs or deputy bailiffs without directions from such
by order.
Registrar or Deputy Registrar, nor shall any suit be brought
against any Registrar or Deputy Registrar for any directions
given to a bailiff with regard to the execution or non -execution
of process if such directious shall be in accordance with an order
obtained from the Court or a Judge as hereinafter mentioned.
Provided always that no material fact be wilfully misrepresented
or suppressed by such Registrar or Deputy Registrar in
obtaining such order.
Registrar and 8. The Registrar or Deputy Registrar may in case of doubt
Deputy Regis.
trar may or difficulty apply. summarily to the Court or a Judge for an
apply for order for the direction and guidance of the bailiff, and the Court
order.
or Judge may make such order in the matter as may seem just
and reasonable.
Officers ille. 9. No officer of the Supreme Court shall directly or indirectly
ing demand. ask or receive any fee or gratuity, not authorized by law , in
Hally
respect of any of the duties of his office .
Offences by 10. If any officer of the Supreme Court acting under colour
Court. of the of the process of the Court is charged with misconduct or with
officers
any wrongful act or neglect in the discharge of the duties of
his office, the Court or Judge may enquire into the matter in a
summary way on such evidence as may appear reasonable, and
for that purpose may summon and enforce the attendance of all
necessary parties and witnesses in like manner as the atteudaoce
of witnesses in other cases may be enforced , and may make such
order for the payment of all damages and costs that may have
been caused by any such act or neglect as it or he thinks just,
and impose such fine upon the officer as it or he may deem
SUPREME COURT. [ 22 of 1882. ] 025
adequate ; and in default of payment of any money so ordered
to be paid, payment of the same may be enforced as a judgment
recovered in the Court. Provided always that this provision
shall not take away any right of action for damages against any
officer, but no action shall be commenced or continued for any
act or omission of such officer after the Court or a Judge has
ordered compensation to be pail in respect of it under this
section .
11. Whenever any suit shall be brought against any officer Costs in cases
against of the
of the Court for any act done or omitted to be done in the exe- officers
cution of his duties, and a verdict or judgment shall be given Court.
for the plaintiff in such suit, the plaintiff shall not have costs
against the defendant unless the Judge certifies his approval of
the suit and verdict or when the trial is hand without a jury of
the snit only. If a verdict or judgment is given for thedefend .
ant or the plaintiff becomes non -suited or discontinues the suit
after issue joined , or if on demurrer or otherwise judgment is
given against the plaintiff, the defendant shall recover his full
costs and shall have the like remedy for the same as any defend
ant has by law for costs in other cases .
12. No such suit shall be brought except within three months Limitation of
after the act of omission or commission complained of. Notice time, and
in writing of every such suit and of the cause thereof shall be procedure.
given to the intended defendant one month at least before the
commencement of the suit .
The plaintiff shall not recover if tender of sufficient amends
is made before a snit is commenced or if after a suit is com
menced a sufficient sum of money is paid into Court by or on
behalf of the defendant and the defendant undertakes to pay
costs when taxed .
13. All fees receivable in the Supreme Court shall be payable Fees to be
in stamps subject to the provisions of the Stamp Ordinance. stamps,
pain in and
The fees heretofore payable under the Sheriff's Ordinance , 1873 , scale of
shall continue to be payable in respect of process issued by the the
filesfredere
Sheriff's
Court until a new scale of fees for the Supreme Court generally 1873
Ordinan ce
, to be,
shall be prepared and adopted . continued .
*
*
15. This ordinance shall not affect anything done or suffered , Protecting
nor any right power duty obligation or liability acquired im- clause.
posed accrued or incurred under any enactment hereby repealed,
por any legal proceedings in respect of any such power duty
obligation or liability , and any legal proceedings may be carried
on as if this ordinance had not been passed nor revive any
enactment repealed by any such enactment.
626 [ 1 or 1883.] DISTRAINTS FOR RENT.
No. 1 OF 1883 .
Ti
An Ordinance to consolidate and amend the law relating
to Distraints for Rent.
[ 2nd February, 1883. ]
Preamble. HEREAS it is expedient to consolidate and annend the
W " law relating to distraints for rent: *
PART I.
Issuing of 1. The Supreme Court shall have jurisdiction to issue warrants
warrants.
of distress for arrears of rent in all cases, without respect to the
value of the property on which the rent is to be levied , and
without respect to the amount of rent to be levied ,
Penalty on 2. No distress shall be levied for arrears of rent except under
unauthorized
persons. the provisions of this ordinance ; and any person, except the
bailiffs and officers acting under this ordinance, levying or
attempting to levy any such distress shall, on conviction before
a Magistrate , be liable to a fine not exceeding one hundred
dollars , or to imprisonment for a term not exceeding three
months in addition to any other liability he may have incurred
by his proceedings.
Bailiffs of the
Court to levy 3. The bailiffs of the Court shall be employed under the
distress; fees provisions of this ordinance.
to go to the
Crown .
The salaries , allowances and expenses for the bailiffs, and
other officers employed under this ordinance, shall be paid out
of the general revenue of the Colony ; and all fees collected
under this ordinance for services by such bailiffs and officers,
shall be paid into the general revenue of the Colony.
Fees. 4. No fees shall be taken or demanded for such distresses,
except those allowed by this ordinance, as set out in schedule
A.
Limitation
of time.
5. No warrants shall be issued in any case for arrears of
rent due for more than twelve months at the time of the
application.
PART II.
Of the making of distraints.
Application 6. Any person claiming to be entitled to arrears of rent, or
for warrant.
his duly constituted attorney or agent may apply, for such
warrant as is hereinafter mentioned .
Powers of
attorneys and 7. Powers of attorney to agents authorized to apply for
agents. warrants ofdistress, may be either general or for the particular
case ; and shall be exempt from stamp duty, if confined solely
DISTRAINTS FOR RENT, [ 1 of 1883. ] 027
to the purpose of giving authority to distrain for rent under
this ordinance. Such powers may be in the form in schedule
E or to the like effect.
8. Every application for a warrant shall be supported by an Ailidavit.
affidavit or declaration which may be according to the form
contained in schedule B or to the like effect ; such affidavits or
declarations may be sworn or declared to in like manner as
other affidavits or declarations in the Supreme Court.
9. Warrants according to the form in schedule C or to the trar,
Julge.or
Rekis.
like effect may be issued by a Judge of the Supreme Court or Deputy Regis.
in the absence of any Judge from the Court House by the issue
trar,may
warrant.
Registrar or a Deputy Registrar returnable within six days
addressed to any one of the bailifts of the Court.
10. The Judge, Registrar, or Deputy Registrar to whom Refuxal of Warrant.
application is made, may upon examination of the persons
applying for such warrants, decline to issue the same.
11. If a Judge declines to issue such warrant, application Appeal.
may be made to the Full Court as provided in cases under
**",12 of
section 18 of the Supreme Court Ordinance, 1873. * If the 1873.1
Registrar or Deputy Registrar declines to do so , application
may be made to a Judge in the first instance.. The Deputy
Registrar may, however, always refer the matter to the Regis
trar upon any application to such Deputy Registrar.
12. Every distress under this ordinance shall be made after distress
Time for,
sunrise and before sunset, and not at any other time except by
special le :ive of the Court or a Judge.
13. In pursuance of the warrant aforesaid, the bailiff shall Property that
seize the moveable property found in or upon the house or may be seizerl.
premises mentioned in the warrant, and in the apparent pos
session of the person from whom the rent is claimed ( hereinafter
called the debtor ), or such part thereof as may, in the bailiff's
judgment, be sufficient to cover the amount of the said rent ,
together with the costs of the said distress.
14. The bailiff' shall not seize : Property that
( n .) Things in actual use, in the hands of a person at the cannot in
tiine of seizure ;
( 6. ) Tools and implements not in use, where there is other
moveable property in or upon the house or pre
mises sufficient to cover such amount and costs ;
( c. ) Goods of temporary guests at an inn ;
( d .) Goods of lodgers at a furnished lodging house ;
( e. ) The debtor's necessary wearing apparel ;
( f. ) Goods in the custody of the law ;
( 9.) Goods delivered to a person exercising a public trade,
to be carried, wrought, worked up , or managed in
the way of his trade or employ.
023 DISTRAINTS FOR RENT.
1 OF 1883. ]
Inventory . 15. On seizing any property under section 13 , the bailiff
shall make an inventory and appraisement of such property and
*
[ * and ] shall give a copy of such inventory and appraisement* notice
in writing according to the form in schedule D , or to the like
effect, to the debtor or to any other person upon his behalf, in
or upon the said house or preroises.
Filing of
inventory, &c . 16. The bailiff shali, as soon as may be, file in the Court
copies of the said inventory, appraisement and notice.
Entry . 17. The bailiff's and officers appointed to execute distress
warrants may break open inner doors ; and if denied adnuit
tance to any building as to which they have a warrant to
distrain, after declaring their names and business ; or if, after
waiting a reasonable time, no person answers, or is in the
building, they may apply to the Court for authority to break
open outer doors and windows so far as may be necessary to
enable them to execute the warrant.
Foreille
entry. 18. The Court on being satisfied, on the aftidavit of one of
the officers baving the warrant for execution, that there are no
reasonable means of executing the warrant without breaking
such outer doors or windows, may grant an order in writing,
addressed to a bailiff of the Court, authorizing him to Before
break
open , or have broken open , such doors and windows.
executing such order', however, the bailiff shall inform any
persons or person in or about the building, that he has such
order and that he is about to act on it unless the doors or
windows are opened .
Impounding
of property 19. Tbe bailiff's may impound or otherwise secure the pro
seized . perty seized , in or on the house or premises, chargeable with
the rent, or may remove the same.
PART III .
Of application to discharge distresses and of compensation.
Suspension 20. The debtor, or any other person alleging himself to be
or release of
distress. the owner of any property seized under this ordinance, may ,
at any time within five days from such seizure, on twenty -four
hours' notice to the party who obtained the warrant and to the
bailiff, setting out the facts on which the claim is founded ,
verified on affidavit, apply to the Court, to discharge or suspend
the warrant or to release a distrained article ; and the Court
may discharge or suspend such warrant or release such article
accordingly, upon such terms as it thinks just.
Costs.
21. Upon any such application, the costs attending it and
attending the issue and execution of the warrant, shall be in
the discretion of the Court, and shall be paid as the Court
directs .
DISTRAINTS FOR RENT. [ 1 of 1883. ] 0229
Wrongful
22. If any clain be ma le to, or in respect of, any property clistress .
seized under a distress warrant, or in respect of the proceeds
or value thereof, by any person not being the debtor, the
Registrar, upon the application of the bailiff who seized the
property, may issue a summons calling before the Court the
claimant and the person who obtained the warrant, and there
upon any suit which may have been brought in respect of such
claim shall be stayed, and the Court, on the proof of the service
of such summons, and that the property was so distrained, may
order the plaintiff to pay the costs of all proceedings in such
suit after the service of such simmons .
23. Every such claim shall be veritied by affidavit or Aljudlication
declaration setting out the facts on which it is founded in casesof
When so verified the Court shall alju licate thereupon , and distress.
inake such order between the parties in respect thereof, and of
the costs of the proceelings, as it thinks fit ; and such order
shall be enforceel as if it were an order made in a suit brought
in such Court.
24. In any case under section 20 or section 22 , the Court Compensa
may, if a2 claim shall bave been made therefor at the time of wrongful
tion for
application, and if it appears to the Court that the landlord or distress
bailiff had no reasonable ground for believing that the goods
were properly distrainable, award such compensation by way
of damages to the applicant or claimant (as the casemay be ) as
the Court thinks fit, and may for that purpose make any enquiry
it thinks necess:ury ; and the order of the Court, warding or
refusing such compensation, shall bar any suit in respect of
injury caused by the distress.
25. The Court may in its discretion, at any time upon the Time allowed
for payment.
application of the debtor and upon reasonable notice being given
of the application to the party who obtained the warrant give
time to the debtor to pay the rent due from him upon such
terms as it may think just and reasonable.
PART IV.
Sale of distresses.
26. In default of any order to the contrary, the distrained ofMole of -alo
distresses,
property shall be sold on the day mentioned in the uctice of
appraisement and sale hereinbefore referred to, and such sale
shall be conducted at such a place and time and by such person
as the Registrar may direct, whether by an auctioneer or a
bailiff of the Court and such auctioneer or such bailift shall on
realizing the proceeds, pay over the amount thereof to the Court,
and such amount sball be applied, first in payment of the costs
of the said distress , and then in satisfaction of the debt; and
the surplus, if any, shall be returned to the debtor.
030
!
[ 1 of 1883.) DISTRAINTS FOR RENT .
Debtor miy
27. Provided that the debtor may require that the sale shall
select manner take place in any other manner, ihan that directed by the
Registrar, upon giving security for any extra costs or loss
thereby, or that in the Registrar's opinion may be thereby
occasionel
PART V.
Deserted premises where no distress left.
Desertec
premises.
28. Where any immoveable property is held at a rack rent,
or where the rent reserved shall be full three -fouths of the
yearly value of the demised premises , and where neither the
value of the premises by the year, nor the rent payable in respect
of the tenancy by the year, shall exceed three hundred dollars,
if the tenant shall be in arrears for tiro months, and shall desert
the demised premises and leave the same uncultivated or
unoccupied so as no sufficient distress can be had to countervail
the arrears of rent, it shall be lawful for the Court, at the request
of the lessor or landlord or his agent and on information on
oath, to issue its warrant authorizing any bailiff to enter on the
premises, breaking any doors, windows, or gates if necessary ;
and if the premises are found to be deserted with no sufficient
distress therein, to place the same in charge of a bailiff and to
affix a notice thereon, in a conspicuous place, that unless cause
to the contrary be shown before the Court within ten days, the
premises will be given over to the applicant; and if no such
cause be shown, it shall be lawful for the Court, on proof of the
fact of desertion, of non - payment of at least two months rent
last due, of want of sufficient distress, and that the applicant is
the lessor or landlord of the premises or entitled under this
ordinance to a distress warrant, to make an order directing a
bailiff to put the applicant in possession of the premises and the
demise shall become void .
PART VI .
Rules as to distresses.
Arrears of
rent , 29. Arrears of rent may be distrained for after the end or
determination of any term or lease at will, in the same manner
as if such term or lease had not been ended or determined ;
provided that such distress be made during the continuance of
the possession of the tenant from whom such arrears became
due.
Writs in
Crown suits 30. No personal property shall be removed from any pre
and distress
to have
mises under any writ from any Court other than writs in
precedence.
Crown suits, till the claim for rent due to the landlord or
lessor or person entitled to receive the rent, is satisfied ; pro
vided that such claim shall not in any case esceed the amount
due for six months' rent last due.
DISTRAINTS FOR RENT. [ 1 of 1883. ] 631
31. If persoual property, otherwise liable to distress for rent, Property
shall, at the tiine of the issue ofanydistress warrant, or there- writ
seizedorunder
after before seizure by the bailiff under such warrant be seized warrantof
under any writ or warrant of the Supreme Court, the said bailiff Supreme
Court .
shall not seize such personal property, but shall return the
warrant into Court and deliver copies thereof to the execution
creditor or bis agent and to the debtor either personally or by
leaving the same at the place where the goods were seized, and
such execution creditor or debtor or either of them may apply
to the Court to discharge or suspend the warrant within the
time and in the manner mentioned in section 20, and should no
such application be maile within the said time, the Registrar
shall, out of the first money to be received by him from the
officer executing such writ or warrant, pay over to the person
obtaining such distress warrant the amount thereof, provided
that if the amount mentioned in tbe warrant of distress shall
exceed the amount due for six months rent, the Registrar shall
pay the amount of rent due for six monthis and the costs and
no more .
32. If any execution shall be paid off after issue of a warrant If exccutiən
of distress, the bailiff shall immediately execute the warrant of misistied,
distress. Warrant may
be executed .
33. The following persons may, personally or by their allowed
persons to
attorneys or agents, apply for warrants to distrain for arrears apply for
of rent due to the estates represented by them , that is?to say: -- distraint..
Executors or administrators of any lessor or landlord or
person entitled to receive rents ;
Guardians for infants. committees of lunatics for the
lunatics ;
Receivers appointed by Courts for the estate over or for
which they are appointed ;
Assignees and trustees in bankruptcy for the estate of the
bankrupt;
Mortgagees, for the property mortgaged, if the mortgagee
is in possession ;
Trustees, for the estate over which the trust extends
Lessees, against their under -lessees ;
The Registrar for premises seized under executions, it
rented to tenants by the person against whom the
execution is issued, or otherwise rented so that the
rent is payable to such person ;
Married women , with or without the concurrence of their
husbands, for arrears of rent due on property held by
them to their sole and separate us..
632 [ 1 of 1883. ] DISTRAINTS FOR RENT.
Where several 34. Where a right to distrain accrues to parties jointly
Partiesonein ter
of interested, or together interested, in any premises such as co
them may parceners, joint tenants, tenants in common , executors, adminis.
institute
proceedings. trators, trustees, guarilians, partners or otherwise, proceedings
un ler this ordinance may be taken by any one of such parties,
in his own name and the name or names of those jointly or
together interested with him , and the levying of rent so dis
trained for shall be a complete discharge to the tenant, for the
rent, or for so much thereof as may be so levieil; and the par
ties so levying shall be liable to account to the parties having
the interest jointly or together with them for all sums so levied.
Production of 35. Provided that if it should , in any particular case, appear
authority.
to the Court or to the Registrar or Deputy Registrar, to be
advisable so to do, the Court or Registrar or Deputy Registrar
may require the party so applying to produce a written author
ity to distrain , signed by one or more of the persons jointly or
together interested with him .
Removal of
property
36. No property found at the time of distraint in or on any
under premises, as to which an arrear of rent is dne, shall be removed
distraint.
front such premises without the consent of the person issuing
the distress warrant, or by direction of the Registrar, till satis
faction is made, for the rent due if the arrear has accrued during
the current tenancy , and if at any time such property would
have been liable to distraint for rent under this ordinance ; and
the landlord or lessor shall be entitled to require the bailiff
upon giving such bailift a sufficient in lemnity to the satisfaction
of the Registrar to follow the property if removed, and seize
the same under the distress warrant, whether or not sucli pro
perty was afterwards disposed of by the owner by way of sale ,
exchange, mortgage, pledge or otherwise.
Removal of 37. If the tenant or lessec, or person in possession or
liable to dis- occupation, of any premises on which there is an arrear of rent
traint.
due, recoverable by distress, slall remove, carry away, or cause
or permit to be removed or carried away from the premises any
moveable property liable to be seized for such rent, so as to
prevent or hinder the bailiff' from distraining the same, it shall
De lawful for the Court, on application verified by affidavit, to
authorize the bailiff , to whom the warrant of distress to distrain
for the rent on such premises is addressed and the officers acting
with him , to follow, and to take and seize such goods and
chattels, as a distress for the said arrears of rent, wherever the
same may be found , at any time within thirty days from the
day of their removal, exclusive of the day of removal, and to
deal with the said moveable property so removed in the same
way as if it had beea found on the premises, and if advisable so
to do, to place the sime again in the premises.
DISTRAINTS FOR RENT. 633
[ 1 or 1883. ]
38. Provided that it shall be lawful for the bailiff, without Seizure of
such authority to follow and seize any such property found by isproperty that
being re
him in the act of being removed frous any such premises, and mored .
before the same is placed in any other house or building:
39. If such property or any part thereof so removed or Property sold
carried away under the circumstances mentioned in sections 36 ma
bonay fide
be
and 37 of this ordinance shall have been sold bonâ fide, and for restored .
a sufficient consideration, before or after removal from the
premises distrained , to any person not knowing and not having
the means of knowing that the same was liable to distraint for
rent, or was remove or carried away, or was to be removed or
carried away , so as to prevent or hinder the landlord or lessee
froin distraining the same, or so much thereof as shall have
been so sold , shall not be seized or if seized shall be restored
by the bailiff distraining or by the Court on application under
section 20 of this ordinance.
40. Any tenant or lessee, or person in possession or occn- Fraudulent
pation who shall fraudulently remove or carry away moveable removal.
property as aforesaid, and any person wilfully and knowingly
aiding or assisting such tenant or lessee or person in such
fraudulent removal or carrying away, shall be deemed to be
guilty of a misdemeanour.
41. It shall be lawful for any Police officer to stop and Police may
detain , until due enquiry can be made, all carts, hand carts, stop removal
and carriages, and all persons, engaged between the hours of 8
P.J. and 6 A.M. in removing the furniture of any premises.
Protecting
42. Where any distress shall be made for any sum of money clanse.
to be levied by virtue of this ordinance, the distress itself shall
not be deemed unlawful, nor the party making the same be
deemed a trespasser, on account of any defect or want of form
in the proceeding relating thereto, nor shall the party distraining
be deemed a trespasser from the beginning on account of any
irregularity which shall afterwards be committed by the party
so distraining, but the person aggrieved by such irregularity
may recover satisfaction for the special damages in an action as
provided by section 24 .
PART VII.
General Provision .
43. Nothing herein contained shall be held to apply to rents Exemptions.
due to the Crown .
031 [ 1 of 1883. ] DISTRAINTS FOR RENT.
Interpreta
tion clause,
44. The word “ Court" or the words “ Supreme Court" as
used in this ordinance shall mean wless otherwise expressed
The Supreme Court in its Summary Jurisdiction .
Suspending 45. This ordinance shall come into operation on a day to be
clause .
hereafter proclaimed by the Governor.
A.
Scale of fees to be levied in distraints for rent.
Affidavits,
Warrant to Order to
Sums sued for. sell .
Commission .
distrain ,
notices, & c.
C. C.
1 and under 5 dollars. 0.25 0.25
5 10 9 1.00 0.50
10 20 2.00) 1.00
20 30 3.00 1.50
30 10 1.00 2.00
40 50 5.00 2.50
50 75 6.00 3.75
75 100 7.50 5.00
100 250 10.00 31 for every
250 500 15.00 $ 20 or part
above 500 15.00 of $20 .
The above scale is intended to include all expenses ; except in suits where
the tenant disputes the landlord's claim , and witnesses have to be subpanacı ,
in which case each subpana must be paid for at 25 cents ; where watchmen
are kept in charge of property distrained, 25 cents per day must be paid per
man ; where property is removed and stored , the necessary expenses to be
fixed by the Registrar must be paid .
B.
Form of affidavit for distress.
In the Supreme Court.
1.B. ( plaintifl)
t'ersus
C.D. (defendant)
A.B. inbabitant of maketh oath and saith
that C.D.
is justly indebted to in the sum of dollars for arrears of rent
of the house and premises No. situated at in the
due for months, to wit from to at the rate
of dollars per mensem .
Sworn before me the day of 188
DISTRAINTS FOR RENT . [ 1 OF 1883. ] 633
C.
Form of warrant.
In the Supreme Court.
I hereby direct you to distrain the goods and chattels on the premises of
d.B , situate in in the for the sum of
dollars, being the amount of months' rent due to C.D. for the same
on the dar of last, according to the provisions of the Distraint
for Rent Ordinance, 1883 .
Before proceeding to distraint under this warrant, you shall demand pay
ment of the amount endorsed hereon .
Dated day of 18
( Signed and sealed ),
by the Registrar or Deputy Registrar of the Supreme Court.
To
E.F.
Sworn bailiff'an appraiser .
D.
Form of inventory and noticr.
In the Supreme Court.
( Summary Jurisdiction .)
Take notice tbat I have this day seized the goods and chattels contained
in the above inventory and appraisement, for the sum of dollars,
being the amount of months' rent due to C.D. on last and
that unless you pay that amount together with the costs of this distress,
within five days from the date hereof, or obtain an order from the Court to
the contrary, the same will be sold on the day of 18 >
pursuant to the provisions of the Distraint for Rent Ordinance, 1883.
( Signed ) E.F.
Sworn bailiff and appraiser.
To A.B.
E,
Form of Power of Attorney to distrain .
I (or we ), A.B. do hereby authorize C.D. to be my (our) agent to act for
me (us) in distraining, under the Distraint for Rent Ordinance, 1883, for
(all ) the arrears of rent now due to me ( us) (or to be hereafter due) on pro
perty situated in ( liere describe property ), as to which I am (we are) entitled
io distrain as (Owner, Lessee, Trustee, Guardian, & c.) alone ( or together
with E.F. ) de
Dated
( Signed ) A.B.
In force from the 1st March, 1883, under proclamation 27th Feb., 1883.]
036 [ 6 of 1883.] TRAJIWAYS .
No. 6 OF 1883.
Title.
An Ordinance for authorizing the construction of certain
Tramways within the Colony of Hongkong:
[ 13th June, 1883. ]
Preamble .
EAS tramways
Rcertain
WHECHEREAS it is desirable to anthorize the construction of
within the Colony of Hongkong :
* *
Short title . 1. This ordinance may be cited as The Tramways Ordinance,
1883.
Interpreta 2. The terms hereinafter mentioned shall have the meanings
tions .
assigned to them , unless there be something either in the subject
or context repugnant to such construction , that is to say :
Government. The expression the Government shall mean the Governor acting
on behalf of Her Majesty, Her Successors, or assigns, or on
behalf of the Government of the said Colony.
The promot The expression the promoters shall mean the promoters herein
ers .
after named .
Common scal .
The espression common seal shall mean, if the assignees from
the promoters under the power hereinafter contained be a
corporation, the common seal of such corporation, or, if they be
not a corporation, it shall mean the hands and seals of such
assignees, or any two of them .
Owner. The word owner or owner's shall mean any person or persons,
or corporation, who, under the provisions of this ordinance, is
enabled to sell and assign lands to the company hereinafter
defined .
Lands. The word lands shall extend to messuages, lands, tenements
and hereditaments of any tenure.
Lease . The word lease shall include a sub-lease, and an agreement
for a lease, or sub - lease.
The Court.
The expression the Court shall mean the Supreme Court of
the Colony of Hongkong.
Judge. The expression Judge shall mean one of the Judges of the
Court .
Road . The expression road shall mean any roadway over which the
tramways authorized by this ordinance shall pass, and the
roadway of any bridge forming part of or leading to the same.
Carriage. The expressions carriage or carriages shall include all carriages,
cars, and trucks used upon any tramway.
The works. The expression the works or the undertaking shall mean the
works or undertaking of whatever nature which shall by this
ordinance be authorized to be executed .
TRAMWAYS . [6 OF 1883.) 6:37
Promoters.
3. The Honourable Francis BULKELEY Johnsoy of Victoria Promoters,
in the said Colony of Hongkong, FREDERICK David Sassoon
of the same place Esquire, CHARLES VINCENT Smith of the same
place Esquire, and WILLIAM KERFOOT Hughes of the same
place Esquire, or the survivors, or survivor, of them , shall be
the proinoters for the purposes of this ordinance, and are herein
after referred to as the promoters.
4. The promoters niay, with the assent and approval of the power to
Governor in Council, grant the right to construct and maintain assis";
[No. 18
of
any one or more of the tramways hereby authorized to be made, 1883 ]
and all or any of the privileges hereby conferred, without receiving
any valuable consideration therefor, or for any consideration that
the promoters may think fit to accept, to such persons, or person ,
corporation, or company, and with, under, and subject to cuch
terms and conditions in all respects as the promoters shall think fit,
and may , with the approval of the Governor in Council, upon
failure of any of the terms and conditions contained in the original,
or any subsequent grant, if thereunto authorised by the terms of
such original, orsulisequent grint, revoke the sume, and regrant
all, or any such rights and privileges, and so much of any
tramway as may be constructed, upon such terms and conditions us
to them shall seem fit ; and all and every the assignees or assig :ree
for the time being from the promoters, whether a corporate body or
not, are and is hereinafter included in the expression , and referred
to (IS the company.
Construction of' tumruyx.
5. The company may construct and maintain , subject to the Construction
provisions of this ordinance, and in accordance with the plaus of tramways.
which have been deposited as hereinafter mentioned , the tram
ways hereinafter described, with all proper stations, crossings,
passing-places, sidings, junctions, rails, turn -tables, plates, offices,
weigh -bridges, sheds, works, and conveniences connected there
with, or for the purposes thereof, and may work and use the
sane .
The tramways authorized by this ordinance are : --
Tramicay No. 1. - A single line, one mile, two furlong's,
1.21 chains in length , commencing at the north -west
corner of Inland Lot Number four hundred and
seventy -one, thence passing along the Praya East,
Wantsai Road, and Queen's Road East, and terininat
ing at a point opposite the entrance to the Eastern
Market at the junction with tramway No. 2 .
638 [ 6 OF 1883. TRAMWAYS .
Tramway No. 2.-A double line, one mile, four furlongs,
1.21 chains in length, commencing at a point opposite
the entrance to the Eastern Market at the junction
with tramway No. I at its termination, thence passing
along Queen's Road East, Queen's Road Central and
Queen's Road West , and terminating at a point opposite
Inland Lot Number two hundred and nineteen at the
junction with tramway No. 3.
Tramway No. 3 .-- A single line, three fulongs, 2.77 chains
in length, commencing at a point opposite Inland Lot
Number two hundred and nineteen at the junction
with tramway No. 2 at its termination, thence passing
along Queen's Road West, and terminating at a point
opposite Marine Lot Number cighty -one, at the junc
tion with tramway No. 4 .
Tramway No. 4. - Whichever of the two following lines
the company shall desire to construct and maintain ,
that is to say :
( 11. ) A single line three furlongs, 7.82 chains in
length, commencing at a point opposite
Marine Lot Number eighty -one, at the junc
tion with tramway No. 3 at its termination ,
thence passing along that part of Centre
Street wbich lies between Queen's Road
West and Praya West, thence along Praya
West and terminating at a point in the road
way there opposite the Northern end of an
imaginary line separating Marine Lot Num
ber one hundred and eighty -nine from Ma
rine Lot Number one hundred and ninety.
(6. ) A single line one furlong, one chain in length,
commencing at a point opposite Marine Lot
Number vighty -one, at the junction with
tramway No. 3 at its termination, thence
passing along Queen's Road West to a point
opposite the Southern entrance of the pre
mises known as the Sailors' Home on Inland
.
Lot Number one hundred and eighty - seven
A.
Tramway No. 5. -A single line four miles, two furlong's
in length , commencing at the North -west corner of
Inland Lot Number four hundred and seventy -one,
thence passing along the Shau -ki Wan Road to a point
on the North side of, and opposite to the Eastern
side of Shau -ki Wán Lot Number seven .
TRAMVAYS . ( 6 of 1883. ] 639
Tramuny No. 6.-- A partly single and partly double line, [See Notifica
commencing on the South side of the South -west Gazette
tion No. 219
boundary of the War Department ground at its junc. 26th 1888, May,
tion wití Garden Road, thence passing in a Southerly Notification
direction up) the hillside to the Victoria ( ap, crossing Gazette
No.327
erer the Kennedy and Plantation Roads by means of 26th July ,
bridges, and terminating at the Victoria Gap at a poiut 1889.]
on the North side of Farm Lot Number fifty -three.
Provided that such alterations as the company shall think fit Power to
may be made in the position of the rail-tracks of the tramivay tramway
No. 6 as shown on the deposited plan thereof, such alterations No. 6.
being within the limits of deviation shown on the said last
mentioned plan.
6. The plaus hereinbefore referred to as having been depositedl l'lans.
are the plans Nos. 1 to 6 ,611, and 7 to 20 inclusive, deposited
by the promoters in the office of the Surveyor General.
7. Where a double line of tramway is hereby authorized to Power to lay
be laid down, it shall not be compulsory upon the company to where doublu
line
lay down a double line, but they may , at their discretion, lay line. author
down in the first instance a single line of tramway in lieu of
such double line, and may, at the like discretion , at any time
thereafter, convert such last-named single line into the double
line hereby authorized to be laid down. Provided always that,
if the working of any double line be considered by the Governor
in Council dangerous or inconvenient, the Governor in Council
inay by order direct the company to discontinue one of the lines
of rail , and thereupon the company shall place the remaining
line in such part of the road as the Governor in Council shall
by such order approve of.
8. Subject to the approval of the Governor in Council being Power certain
to
first obtained, the company may, in the construction of the widen
bridges,ke.
above tramways, or any of them , alter the level of, and widen ,
the bridge known as Bowrington Bridge, which spans the
Northern end of the Bowrington Canal at its junction with the
barbour of Victoria , and the bridge which spans the Northern
end of the nullah or stream running between Varine Lot
Number one hundred and ninety -eight and Marine Lot Number
one hundred and ninety -nine at its junction with the said har
bour, or either of the said bridges ; and subject as aforesaid ,
may , ils regards the tramway No. 6 , alter the levels of the
ground on which the said tramway No. 6 is laid, make and
construct all necessary cuttings and embankments, bridges,
viaducts, culverts, catch-water drains, and other works, and
divert streams. Provided always that the earth escavated and
thrown to waste is disposed of in such manner as to prevent
its being washed down by rain into the harbour.
640 [6 of 1883.] TRAMWAYS .
Power to 9. Subject to the approval of the Governor in Council being
make
additional first obtained, after timely and adequate notification by public
crossings. &c. advertisement or otherwise of the intention of the company to
apply for such approval, the company may, from time to time,
construct , and maintain, subject to the provisions of this ordi
nance, and in accordance withi plansto be previously deposited
by the company in the office of the Surveyor General, all such
crossings, passing places, siling's, junctions, turn -tables and
other works in addition to those particularly specified in and
authorized by this ordinance as may from time to time be ap
proved of by the Governor in Council, and may work and use
the same.
Tramways to
be in midille
10. Every tramway running over and along any road shall
of road , &c. be constructed and maintained as nearly as may be in the
middle of such road, and no tramway shall be so laid that, for
a distance of thirty feet or upwards, a less space than 8 feet
shall intervene between the outside of the footpath on either
side of the road and the nearest side of any carriage ( and any
projection thereof), except in the case of bridges, streets, or
other places where the width may not be sufficient to allow a
space of 8 feet on either side, and except where it may be neces
sary to construct and maintain loops for enabling the carriages
to pass each other, or to construct sidings and curves, all which
exceptions shall be subject to the approval in writing of the
Surveyor General.
Gauge of 11. The tramway's Nos. 1 , 2 , 3 , 4 and 5 shall be constructed
tramwars
Vos.1, 2, 3, 4 on a gauge not exceeding three feet six inches in width , and
and o .
with two steel grooved rails, which said rails shall, before being
laid down, be approved of by the Surveyor General, and shall
be laid and maintained in such manner that the uppermost
surface thereof shall be on a level with the surface of the road .
Provided, that the Governor in Council may, from time to time,
require the company to adopt and apply such improvements in
the last-mentioned tramways, including their rails, sleepers and
substructure as experience may suggest, having regard to the
greater security of the public and indvantage to the ordinary
Traffic, and the company shall with all reasonable despatch
comply with any order made by the Governor in Council for
the purpose of carrying out any such improvements.
Gange of
tramway 12. The tramway No. 6 shall be constructed on a gauge not
No. 6 . exceeding five feet in width, and with steel rails, which said
rails shall, before being laid down, be approved of by the Sur
veyor General.
Power to
break up 13. The company from time to time for the purpose of mak
roads. ing, forming, laying down, maintaining; renewing, altering,
adeling to, or removing, any tramway under this ordinance, or
TRAMWAYS . [6 of 1883. ] 641
any part or parts thereof respectively, may open and break up
any road subject to the following regulations:
1. They shall give to the Surveyor General notice of their
intention, specifying the time at which they will begin
to do so, and the portion of road proposed to be opened
or broken up , such notice to be given seven days at
least before the commencement of the work .
2. They shall not open or break up or alter the level of
any road except with the authority, under the super
intendence, and to the satisfaction, of the Surveyor
General.
3. They shall leave an interval of at least a quarter of a
mile between any two places at which they may open
or break up the roadl, and they shall not open or break
up at any such place it greater length than one
hindred yards.
14. When the company bave opened or broken up any por
tion of any road , they shall be under the following further
obligations, namely :
1. They sball, with all convenient speed , complete the Completion
work on account of which they opened or broke up reinsta
of works,
tement
the same, and ( subject to the formation, maintenance, of road.
renewal, or alteration of, addition to, or removal of
the tramway) fill in the ground, and make good the
surface, and, to the satisfaction of the Surveyor
General, restore the road to as good condition as that
in which it was before it was opened or broken up .
2. They shall in the meantime canse the place where the
road is opened or broken up to be fenced and watched,
and to be properly lighted at night.
If the company fail to comply with this section, they shall , for
every offence ( withont prejudice to the entorcement of specific
1
performance of the requirements of this ordinance, or to any
other remedy against them ) be liable to a penalty not exceeding
one hundred dollars, and to a further penalty not exceeding
twenty-five dollars for each day during which any such failure
continues after the first day on which such penalty is incurred.
15. In addition to the requirements of the preceding section, Further pro
1 visions astionto
the company shall, when they give notice as aforesaid to the construc
Surveyor General of their intention to open or break up any of tramways.
road for any of the purposes aforesaid, lay before the Surveyor
General a plan showing the proposed mode of constructing,
1
laying down, maintaining; renewing, altering, adding to or
removing the tramways or works, in respect of which they
642 6 of 1883. ] TRAMWAYS.
propose to open or break up such road , and a statement of the
materials intended to be used therein ; and the company shall
not commence the construction, laying down, maintenance,
renewal, alteration of, addition to , or removal of such tramways
or works, or any part thereof respectively, except for the
purpose of necessary repairs, until such plan and statement
have been approved in writing by the Surveyor General, and
the works shall be executed in accordance with such approved
plan and statement, and under the superintendence, and to the
satisfaction of the Surveyor General.
Repair of
roads on
16. After and so soon as each of the said tramways has been
which tram- opened for the public traffic , the Surveyor General shåll maintain
ways laid .
in good condition and repair the whole of the road whereon
each of the said tramways is laid, and the company shall pay to
the Surveyor General the cost of the maintenance and repair of
so much of any road whereon any tramway is laid as lies between
the rails of the tramway and also (where two lines of tramways
are laid by the company in any road at a distance of not more
than four feet from each other the cost of the maintenance
and repair of the portion of the road between the tramwars, and
also in every case the cost of the maintenance and repair of so
much of the road as extends eighteen inches beyond the rails
of, and on each side of, cach tramway. Except as aforesaid the
company shall not be liable to pay for the cost of the maintenance
or repair of any road whereon any tramway is laid. The
company, before paying any monies due from thein under this
section ,may inspect any contract or contracts, or specifications,
or plans, or other documents, or writings, in the possession, or
under the control of the Surveyor General, or any contractor
or contractors, relating to or stipulating for the maintenance or
repair of any road a proportion of the cost of maintaining or
repairing which they are liable to bear under this section, so
that the company may, before paying any proportion of the
aforesaid cost , be satisfied that the sum demanded from them is
a fit and proper sum to be paid by them .
l'enalty for 17. The company shall maintain in good condition and repair,
notmaint ain,
ing rails at
and as their proper level so as not to be a danger or annoyance
their proper to the ordinary traffic, the rails of which any of the tramways
level and in
good condi. for the time being consist, and the substructure upon which the
tion , same rest ; and if the Surveyor General shall from time to time,
or at any time hereafter, alter the level of any road along or
across which any of the said tramways shall be laid, then and
in such event, and so often as the same shall happen, the
company shall, at their own expense, alter their rails so that
the uppermost surface thereof shall be on a level with the
surface of the road as altered, and , if the company make default
TRAMWAYS . [ 6 OF 1883. ] 643
in complying with this section,, they shall, for every offence, be
subject on conviction to a penalty not exceeding twenty -five
dollars, and , in case of aa continuing offence, to a further penalty
not exceeding ten dollars for every day after the first on which
such default continues.
18. Where by reason of the execution of any work affecting Temporary
tramways
the surface or soil of any road along which any tramway is laid , may be made
it is in the opinion of the Surveyor General necessary or when neces.
expedient temporaril to remove
y or discontinue the use of such sary.
tramway or any part thereof, the Surveyor General sball, before
such tramway, or any part thereof, shall be temporarily
removed , or the use thereof discontinued , give to the company
14 days' notice at least of the necessity or expediency of such
temporary removal or discontinuance, and immediately on
receipt of any such notice the company may, subject to such
conditions and regulations as the Surveyor General may froin
time to time make , construct in the same or any adjacent road ,
and, subject as aforesaid, maintain so long as necessary a
temporary tramway in lieu of the trainway or part thereof so
removed or discontinued, and the road on which such temporary
tramway is laid shall, subject as aforesaid, be maintained so
long as necessary by the Surveyor General at the expense of
the company.
19. Any paving, metalling , or material excavated by the Application
of road
company in the construction of their works from any road under materials
the control of the Surveyor General may be applied by them , excavated in
so far as may be necessary, in or towards the reinstating of construction
such road , provided such paving metalling or material are in
the opinion of the Surveyor General fit and proper to be used in
the re-instating of such road, and all surplus paving, metalling or
material not used for any of the purposes in this section men
tioned shall be the property of the company , and shall be
removed by them .
20. For the purpose of making, forming, laying down, Provision :s
maintaining, renewing, altering, adding to, or removing any of to usanul com
their tramways, the company may , from time to time where it panics, &c.
is necessary or appears expedient for the purpose of preventing
frequent interruption of the traffic by repairs or works in
connection with the same, alter the position of any mains or
pipes for the supply of gas or water, or any tubes, wires, or
apparatus for telegraphic or other purposes, subject to the
following restrictions, that is to say :
( 1. ) Before the company shall alter the position of any
such mains or pipes, tubes, wires or apparatus they
shall obtain the written assent of the Surveyor
General to such alteration.
6.14
[ 6 of 1883.] TRAMWAYS ,
( 2. ) Before laying down a tramway in a road in which any
mains, or pipes, tubes, wires or apparatus may be
laid, the company shall, whether they contemplate
altering the position of any such mains or pipes,
tubes, wires or apparatus or not, give seven days'
notice to the company, persons or person to whom
such mains, or pipes, tubes, wires or apparatus may
belong, of their intention to lay down or alter the
tramway, and shall at the sametime deliver a plan
and section of the proposed work . Ifit shall appear
to such other company, persons, or person that the
construction of the tramway as proposed would
endanger any such main or pipe, tube, wire or
apparatus, or interfere with, or impedle the supply
of water or gas, or the telegraphic or other com
munication, such other company, persons or person
may give notice to the company to lower, or other
wise alter the position of the said mains or pipes,
tubes, wires or apparatus in such manner as may
be considered necessary ; and any difference as to
the necessity of any such lowering or alteration
shall be settled in manner provided by this ordi
nance for the settlement of differences between the
company and other companies or persons ; and all
alterations to be made under this section shall be
made with as little detriment and inconvenience to
such other company or persons or person as the
circumstances will admit and under the superintend
ence of such other company, persons or person , or
of their, or his surveyor or engineer.
( 3. ) The company shall not remove or displace any of the
mains or pipes, valves, syphons, plugs, tubes, wires
or apparatus, or other works belonging to any such
other company, persons or person , or do anything
to impede the passage of water or gas, or the tele
graphic or other communication into, or through
such mains or pipes valves, syphons, plugs, tubes,
wires or apparatus, without the consent of such
other company, persons or person , or in any other
manner than such other company , persons or person
shall approve, until good and sufficientmains, pipes ,
valves, syphons, plugs, tubes, wires or apparatus,
and other works necessary or proper for continuing
the supply of water, or gas, or telegraphic or other
communication, as sufficiently as the same was
supplied by the mains or pipes, valves, syphons,
plugs, tuhes, wires or apparatus proposed to be
TRAMWAYS . 6.15
[ 6 OF 1883. ]
removed or displaced, shall, at the expense of the
company, have been first made and laid down in
lieu thereof and be ready for use , to the reasonable
satisfaction of the surveyor or engineer of such
other company, persons or person or, in case of
disagreement between such surveyor or engineer
and the company, in such manner as the Surveyor
General, or other fit and proper person specially
appointed by the Governor in Council , shall direct.
( 1.) The company shall not lay down any such mains or
pipes, valves, syphons, plugs, tubes, wires or appa
ratus contrary to the regulations of any ordinance
relating to water, gas, or other companies, or to
telegraphs.
( 5. ) The company shall make good all damage done by
them to property belonging to or controlled by any
such other company, persons or person , and shall
make full compensation to all parties for any loss
or damage which they may sustain by reason of any
interference with such property or with the private
service pipes of any person supplied by any such
other company or person with water or gas.
( 6. ) If by any such operations as aforesaid the company
interrupt the supply of water or gas in or through
any main pipe, for a period exceeding twelve con
secutive hours, they shall be liable to a penalty not
exceeding one hundred dollars for every day upon
which such supply shall be so interrupted .
21. Where any tramway, or any work connected therewith , for protec
interferes with any sewer, drain, water -course, or sub -way, or tion of rewers,
in any way affects the sewerage or drainage of the said Colony
of Hongkong, the company shall not commence any such tram
way or work until they shall have given to the Surveyor Genc
ral fourteen days previous notice in writing of their intention
so to do, and leaving with such notice all necessary particulars
relating thereto, nor until the Surveyor General shall bave
signified his approval of the same, unless he do not signify his
approval, disapproval, or other directions within fourteen days
after service of the said notice and particulars as aforesaid ; and
the company shall comply with the directions of the Surveyor
General in the execution of the said works, and shall provide
by new, altered , or substituted works, in such manner as the
Surveyor General shall require, for the proper protection of, and
for preventing injury or impediment to the sewers and works
hereinbefore referred to by or by reason of the tramways, and
sball save harmless the Surveyor General against the expense
646 [ 6 OF 1883. ] TRAMWAYS .
occasioned thereby ; and all such works shall be done by or
under the superintendence of the Surveyor General at the cost
and expense of the company, and when any new, altered or
substituted work shall be completed by, or at the cost or expense
of the company under this ordinance, the same shall thereafter
be as completely under the control of the Surveyor General, and
be maintained by him , as any other sewers or works.
Rights of
companies ,
22. Nothing in this ordinance shall take away or abridge
&c. to open any power to open or break up any road along oracross which
roads, any tramway is laid , or any other power now or hereafter to be
vested in any other company, or persons, or person for the doing
of any matter or thing, which such company or such persons or
person is are or will be authorized to do, but, in the exercise of
such power, every such other company, or persons or person,
shall be subject to the following restrictions ( that is to say) :
( 1. ) They shall cause as little detriment or inconvenience
to the company as circumstances admit.
( 2. ) Before they commence any work whereby the traffic
on the tramway will be interrupted, they shall
( except in cases of urgency , in which case notice
of the commencement of such work shall be given
to the company within twenty -four hours after such
commencement) give to the company and the Sur
veyor General notice of their intention to commence
such work , specifying the time at which they will
begin to do so, such notice to be given twenty -four
hours at least before the commencement of the work .
(3. ) They shall not be liable to pay to the company any
compensation for loss of trallic occasioned thereby,
or for the reasonable exercise of the power's so
vested in them as aforesaid .
( 4. ) Whenever, for the purpose of enabling tiem or him
to execute such work , such other company or per
sons or person shall so require, the company shall
either stop traffic on that portion of the tramway
to which such notice shall refer, where it would
otherwise interfere with such work, or shore up and
secure the same at their own risk and cost during
the execution of the work there. Provided that
such work shall always be completed by such other
company or persons or person with all reasonable
expedition.
( 5. ) Any such other company or persons or person shall
not execute such work so far as it immediately
affects the tramways, cxcept under the superintend
TRAMWAYS . [ 6 of 1883. ) 617
ence of the company, unless the company do not
give such superintendence at the time specified in
the notice for the commencement of the work , or
permanently discontinue the same during the pro
gress of the work, and they or he shall esecute
such work at their or his own expense and to the
reasonable satisfaction of the company ..
23. If any difference arises between the company on the one Difference
hand, and any other company or person (other than the Surveyor company and
General) to whom any sewer, drain, tube, wires or apparatus others (other
for telegraphic or other purposes may belong ou the other hand, Surveyor
with respect to any interference or control exercised , or claimed General.)
to be exercised by such other company, or such person , or on
their, or his behalf, or by the company, by virtue of this
ordinance, in relation to any tramway or work , or in relation to
any work or proceeding of such other company, or such person ,,
or with respect to the propriety of, or the mode of execution of
any work relating to any tramway, or with respect to the
amount of any compensation to be made by or to the company,
or on the question whether any work is such as ought reasonably
to satisfy the company , or person concerned, or with respect to
any other subject or thing regulated by, or comprised in this
ordinance, the matter in difference shall (unless otherwise
specially provided for by this ordinance ) be settled by the
Governor in Council, on the application of either party, and the
Governor in Council may direct that any expenses thereby
incurred shall be paid by either of the parties.
24. If any difference arises between the company on the one Differences
between
hand, and the Surveyor General on the other hand, with respect company and
to any interference or control exercised , or claimed to be Surveyor
exercised by the company, or the Surveyor General, by virtue General..
of this ordinance in relation to any tramway or work , or in
relation to any work or proceeding of the Surveyor General, or
with respect to the propriety of, or the mode of execution of
any work relating to any tramway, or with respect to the cost
of the maintenance or repair of any road along or across which
any tramway passes, or with respect to the amount of any
compensation to be made by or to the company, or on the
question whether any work is such as ought to satisfy the
Surveyor General, or with respect to any other subject or thing
regulated by or comprised in this ordinance, the matter in
difference shall ( unless otherwise specially provided for by this
ordinance ) be settled by the Governor in Council on the
application of either party.
25. None of the said tramways shall be opened for public toTramways not
be opened
traffic until the same has been certified to be fit for such traffic until certificd .
618 [ 6 of 1883. ) TRAMWAYS .
by the Surveryor General or other officer duly appointed in
writing for that purpose by the Governor in Council, and the
Governor in Council has, by notification in the Gazette,
authorized the same to be opened for such traffic.
C'esser of powers in certain events.
C'esser of
powers in
26. If the company do not , within three years after the time
certain at which they might, under this ordinance, have commenced
events . the construction of any one or more of the tramways hereby
authorized, and complete, and open the same for public traffic, or
If within one year after the time aforesaid , the construction
of any one or more of such tramways, is not, in the
opinion of the Governor in Council, substantially
commenced , or
If the construction of any one or more of such tramways
that has or have been commenced , is suspended without
a reason sufficient , in the opinion of the Governor in
Council , to warrant such suspension,
thepowers hereby given to the company for constructing such
tramways, so not completed or commenced, or so suspended as
aforesaid , or otherwise in relation thereto, shall cease to be
exercised, unless the time be prolonged by the Governor in
Council, and, as to so much of each or any of such tramways
as is then completed, the Governor in Council may allow the
said powers to continue and to be exercised if he shall think
tit, but failing such permission the same shall cease to be
exercised , and where such permission is withheld then so much
of the said tramways respectively as is then completed shall be
deemed to be a tramway to which all the provisions of this
ordinance relating to the discontinuance of tramways after proof
of such discontinuance shall apply, and may be dealt with
accordingly. A notice published by the Governor in Council
in the Gazette declaring that a tramway has not been completed
and opened for public traffic, or that the construction of the
tramways, or any or either of them , has not been substantially
commenced within the time aforesaid , or that such construction
has been suspended without sufficient reason, shall be conclusive
evidence for the purposes of this section of suchi non -completion,
non -commencement, or suspension.
Licences to use tramways..
Licences to 27. If, at any time after any tramway , or part of any tram
third parties way, shall have been for three years opened for public traffic,
to use
tramways. it shall be represented in writing to the Governor in Council
by twenty inhabitant rate-payers of the Colony of Hongkong
TRAMWAYS. [6 of 1883. ] 619
that the public are deprived of the full benefit of any tramway,
or part thereof, the Governor in Council may ( if he considers
that primâ facie the case is one for enquiry ) enquire into the
matter, and, if satisfied of the truth of the representation, may
from time to time grant licences to any coinpany or person to
use such tramway in addition to the company for such traffic
as is authorized by this ordinance, with carriages to be approved
of by the Governor in Council, subject to the following
provisions, conditions, and restrictions, that is to say :
( 1. ) The licence shall be for any period not less than one
year, nor more than three years from the date of
ihe licence , but shall be renewable by the Governor
in Council , if he, upon enquiry thinks fit.
( 2. ) The licence shall be to use the whole of such train
ways for the time being opened for public traffic,
or such part or parts of such tramways, as the
Governor in Council, having reference to the cause
for granting the licence, shall think right.
( 3. ) The licence shall direct the number ofcarriages which
the licensee or licensees shall run upon such tram
way , and the mode in which, and times at which
such carriages shall be run .
(4. ) The licence shall specify the tolls to be paid to the
company, or to their lessees, by the licensec or
licensees, for the use of the tramways.
, and their officers or servants
( 5. ) The licensee or licensets,
shall permit one person duly authorized for that
purpose by the coinpany or by their lessees , to ride
free of charge in or upon each carriage of the licensee
or licensees run upon the tramways for the whole
or any part of the journey.
( 6. ) The Governor in Council may, at any time after the
granting of any licence, revoke, alter or modify the
same for good cause shown to him .
28. If on demand any licensee fail to pay the tolls due in Penalty if
respect of any passengers carried in any carriage, it shall be bydefault made
licensee in
lawful for the company, or their lessees, to whom the same are payment of
payable, to detain and sell such carriage, or, if the same shall bave tolls..
been removed from the tramway , or premises of the company
or such lessees, to detain and sell any other carriages on such
tramway or premises belonging to such licensee, and out of the
monies arising from such sale to retain the tolls payable as
aforesaid , and all charges and expenses of such detention and
sale, rendering the overplus (if any ) of such monies, and such
of the carriages as shall reinain unsold, to the person entitled
thereto.
650 [ 6 op 1883. ] TRAMWAYS.
Licensee to
29. Every licensee shall, on demand, give to an officer or
of passengers. servant, authorized in that behalf by the company or their
lessees, entitled to be paid tolls by such licensee, an exact
account in writing, signed by such licensee, of the nuinber of
passengers conveyed by any and every carriage used by him on
the tramways .
Penalty for 30. If such licensee fails to give such account to such officer
not account .
ing. or servant demanding the same as aforesaid, or if any such
licensee with intent to avoid the payment of any tolls gives a
false account, he shall, for every such offince, forfeit to the
company, or to their lessees entitled to be paid tolls by such
licensee, a sum not exceeding fifty dollars, and such penalty
shall be in addition to any tolls payable in respect of the
passengers carried by any such carriage.
Disputes as to 31. If any dispute arise concerning the amount of the tolls
tolls to be
settled by due to the company or to their lessees from any licensee, or
Magistrate. concerning the charges occasioned by any detention or sale of
any carriage under the provisions herein contained , the same
shåll be settled by summary procedure before a Magistrate
in the manner hereinafter provided for the recovery of unpaid
tolls , penalties, and forfeitures, and it shall be lawful for the
company or their lessees in the meanwhile to detain the carriage
or ( it the case so require ) the proceeds of the sale thereof.
Licensee 32. Every licensee shall be answerable for any trespass or
liable for
damage. damuge done by his carriages, or horses, or by any of the
servants or persons employed by him to or upon the tramway,
or to or upon the property of any other person, and, without
prejudice to the right of action against the licensee , or any
other person , every such servant, or other person, may law
>
fully be convicted of such trespass or damage before a Magis
trate, and upon such conviction every such licensee shall pay
to the company, lessees, or persons injured, as the case may
be , the damage, to be ascertained by such Magistrate, so that
the same do not exceed two hundred dollars and fifty dollars.
Discontinuance of tramways.
Discontin
uance of
33. If, at any time after the opening of any tramway for
tramways by traffic, the company discontinue the working of such tramway
the company. or of any part thereof for the space of six months (such dis
continuance not being occasioned by circumstances beyond the
control of the company, for which purpose the want of suff
cient funds shall not be considered a circumstance beyond their
control) and such discontinuance is proved to the satisfaction
of the Governor in Council, the Governor in Council may by
order declare that the powers of thecompany in respect of such
TRAMWAYS . [ 6 of 1883. ] 651
tramway , or the part thereof so discontinued, shall, from the
date of such order, be at an end , and thereupon the said powers
of the company shall cease and determine, unless the same are
purchased by the Government in manner by this ordinance
provided . Where any such order has been made, the Surveyor
General may, at any time after the expiration of two months
from the date of such order , under the authority of a certificate
to that effect by the Governor in Council, remove the tramway,
or part of the tramway so discontinued, and the company shall
pay to the Surveyor General the cost of such removal , and of
the making good of the road by the Surveyor General, such
cost to be certified by the Surveyor General, whose certificate
shall be final and conclusive ; and if the company fail to pay
the amount so certified within two months after delivery to
them of such certificate or a true copy thereof, the Surveyor
General may, without any previous notice to the company ( but
without prejudice to any other remedy which he may have for
the recovery of the amount) sell and dispose of the materials
of the tramway, or part of the tramway removed, either by
public auction or private sale, and for such sum or sums and
to such person or persons as he may think fit, and may out of
the proceeds of such sale reimburse himself the amount of the
cost certified as aforesaid , and of the cost of sale, and the
balance, if any, of the proceeds of sale shall be paid to the
company .
Insolvency of company.
34. If any time after the opening ofany tramway for traffic, inProceed ings
case of
it appears to the Governor in Council that the company are insolvency of
insolvent, so that they are unable to maintain such tramway, company.
or work the same with advantage to the public, the Governor
in Council may enquire into the financial affairs of the com
pany, and if the Governor in Council shall be of opinion that
the company are so insolvent as aforesaid , he may by order
declare that the powers of the company shall , at the expiration
of six months from the making of the order, be at an end, and
the powers of the company shall cease and determine at the
expiration of the said period unless the same are purchased ,
by the Government in manner by this ordinance provided, and
thereupon the Surveyor General may remove the tramway in
like manner, and subject to the same provisions as to the pay
ment of the costs of such removal, and to the same remedy for
recovery of such costs in every respect as in cases of removal
unler the next preceding section .
Purchase of tramways.
35. The Governor in Council may , within six months after Government
Purchase by
the expiration of a period of twenty -one years from the time of tramways.
632 [ 6 OF 1883.] TRAMWAYS.
when the company were empowered to construct the said
tramways, and within six months after the expiration of every
subsequent period of seven years, or within three months after
any order made by the Governor in Council under either of the
two next preceding sections, by notice in writing require the
company to sell, and thereupon the company shall sell to the
Government their undertaking, upon terms of paying the then
value ( exclusive of any allowance for past or future profits of
the undertaking, or any compensation for compulsory sale or
other consideration whatsoever ) of the tramways, and all
lands, buildings, works, materials and plant of the company suit
able to and used by them for the purposes of their undertakin g,
such value to be, in case of difference, determined uponpetition
to the Court in a summary way, and, when any such sale has
been made, all the rights, powers and authorities of the com
pany in respect of the undertaking sold, or, where any order
has been made by the Governor in Council under either of the
next preceding sections, all the rights, powers and authorities
of the company previous to the making of such order in respect
of the undertaking sold, shall be transferred to, vested in , and
may be exercised by the Government.
Jotive Power.
Carriages of 36. The carriages used on the said tramways Nos. 1 , 2, 3 ,
tramways
Nog.1,2,3,4, 4 and 5 may be moved by animal, steam , or any mechanical
move5d may
and by be power. Provided always, that the exercise of the powers by
animal, this section conferred with respect to the use of steam or any
steam , or
mechanical mechanical power shall be subject to the regulations set forth
power. in schedule A. hereto, and to any regulations which may be
added thereto , or substituted therefor by any order which the
Governor in Council is hereby empowered to make from time
to time, as and wben be may think fit, for securing to the
public all reasonable protection against danger in the exercise
of the powers hereby conferred with respect to the use of steam
or any mechanical power on the tramways Nos. 1 , 2 , 3, 4 and
5. Provided also that before the company, or any person , use
steam , or any mechanical power, under this ordinance, they, or
he, shall give two months previous notice of their or his inten
tion so to do to the Governor in Council.
Motive power
of tramway
37. The carriages used on the tramway No. 6 may be
No. 6, moved by means of locomotive or stationary engines and steel
wire ropes , or by such other mechanical power as the Governor
iu Council shall approve of.
Construction
of carriages.
38. Every carriage used on any of the said tramways shall
be so constructed as to provide for the safety of passengers ,
and for their safe entrance to, and exit from , and accommodation
TRAMWAYS . 053
[ 6 or 1883. ]
in such carriage, and their protection from the machinery used
for drawing or propelling such carriage.
Powers to
39. The Surveyor General , or any officer or officers ap- authorities to
pointed for that purpose by the Governor in Council in writing, inspect
may, from time to time, inspect any engine or carriage used on engines, &c.
any of the tramways, and the machinery therein, and also any
rope or other machinery of the said tramways, and report
thereon, and the Governor in Council may by order prohibit
the use on the tramways, or any of them , of any such engine,
carriage, rope, or machinery which may be determined to be
unsafe or unfit for use .
40. The company or any person using steam or any mechan- Penalty for
steam
ical power on any of the tramways contrary to the provisions using
or inechanical
of this ordinance, or (where the same are applicable ) to any of trar
powery tocon
ordin
the regulations set forth in schedule A. hereto, or to any regu . nance or
lation added thereto or substituted therefor as aforesaid, shall regulations.
for every such offence , be subject to a penalty not exceeding
fifty dollars, and also, in the case of a continuing offence, a
further penalty not exceeding twenty- five dollars for every day
after the first during which such offence continues. Providel
that whether any such penalty has been recovered or not , the
Governor in Council , in case it shall be determined that the
company or any persons using steam or any mechanical power
on the tramways under the authority of this ordinance, have
made default in complying with the provisions of this ordinance,
or ( where the same are applicable) with any of the regulations
set forth in schedule 1. hereto, or with any regulation which
inay have been added thereto or substituted therefor as afore
said, may , by order, direct the company or such persons to
cease to exercise the powers aforesaid , and therenpon the com
pany or such persons shall cease to exercise the powers afore
said , and shall not again exercise the same unless with the
authority of the Governor in Council ; and in every such case
the Governor in Council shall make a special report to Her
Majesty's Principal Secretary of State for the Colonies notifying
the making of such order.
41. Where રીa double line of rails is laid every engine and Rule of the
carriage travelling in one direction over one of such double road.
lines shall pass every engine and carriage travelling in the op
posite direction over the other of such double lines on its right
side, except that, where necessary, any engine or carriage may
from time to time pass and repass from one line to the other.
Bye-laws.
42. Subject to this ordinance, the Governor in Council may Bye-laws.
from time to time make, and when made may rescind, annui,
651
[ 6 OF 1883. ] TRAMWAYS .
or add to regulations with regard to any of the tramways for
regulating the working and control of the tramways as well as
for any of the following purposes , that is to say : --
For regulating the use of the warping apparatus affixed to
the engines .
For regulating the emission of smoke or steam from the
engines.
For providing that engines and carriages shall be brought
to a stand at such places, and in such cases of
inpending danger as the Governor in Council may
deem proper for securing safety.
For regulating the entrance to, exit from , and accommoda
tion in the carriages, and the protection of passengers
from the machinery of any engine used for drawing
or propelling suchcarriages .
For regulating the rate of speed of the engines and carriages.
Provided that the speed as regards tramways Nos. 1 ,
2 , 3 and 4, shall not (unless another rate be author
ized by the Governor in Council under the authority
of this section ) exceed the rate of 8 miles an hour,
and , as regards tramways Nos. 5 , and 6 , shall not
exceed the rate of ten miles an hour, and that no
engines or carriages may pass through moveable facing
points at a pace exceeding the rate of four miles an
hour.
Provided also that, as regards tramways Nos. 1, 2,
3 and 4 , the Governor in Council may, if he shall
think fit so to do, authorize the maximum rate of
speed to be increased to a rate not exceeding the rate
of 10 miles an hour.
For the stopping of carriages using the tramways.
For providing for the due publicity of all regulations and
bye-laws for the time being relating to the tramways,
by exhibition thereof in conspicuous places.
For providing for the safety of the public in all cases in
which it shall appear to the Governor in Council that
such safety is , or is likely to be endangered or
imperilled .
Subject to this ordinance, the company may from time to time
make bye- laws.
For preventing the commission of any nuisance in or upon
any carriage, or in or against any premises belonging
to them .
For regulating the travelling in or upon any carriage
belonging to them .
TRAMWAYS . [ 6 of 1883. ) 655
And from time to time repeal or alter such bye-laws and make
new bye-laws; and notice of the making of any regulations by
the Governor in Council, or bye-laws by the company shall be
published once in two consecutive weeks in the Guzette, within
one month after the making thereof. A true copy of every
bye -law sball , one month at least before the same shall come
into operation , be sent to the Governor by the company.
43. Any such regulation or bye-law may impose penalties bePenalty may
imposed in
for offences against the same not exceeding ten dollars for each regulations,
offence, with or without penalties for continuing offences, not or bye-lays.
exceeding for any continuing offence five dollars for every day
during which the offence continues; but all bye-laws shall be
so framed as to allow in every case part only of the maximum
penalty being ordered to be paid .
Carriages and engines.
44. The company may use on their tramways carriages with Company
flange-wheels, or wheels suitable only to run on the rails of may use
their tramways, and, subject to this ordinance, the company wheeled
shall have the exclusive use of their tramways for carriages with carriages .
flange-wheels , or other wheels suitable only to run on the said
rails, and no carriage or engine used on any of the tramways
Nos. 1 , 2, 3 , 4 and 5 shall exceed six feet four inches in width .
>
Power to sell.
45. Subject to the approval ofthe Governor in Council being Power to sell.
first obtained ( but not otherwise) the company may , at any
time and from time to time , seil , assign, or absolutely dispose
of their undertaking, or any part, or parts thereof, to such
person or persons , corporation or company, by public auction
or private contract, or partly by public auction and partly by
private contract, and with , under and subject to such terms and
conditions in all respects as the company shall think fit, with
power at any such sale to fix a reserve price for, or buy in the
same, and when any such sale, assignment or absolute disposal
has been made all the rights, powers, authorities, obligations,
and liabilities of the company in respect to the undertaking, or
part or parts thereof sold, assigned, or absolutely disposed of,
shall be transferred to, vested in, and may be exercised by,
and shall attach to the person or persons , corporation or
company to whom the same has been sold, assigned, or abso
lutely disposed of, in like manner as if the undertaking, or part
or parts thereof sold , assigned , or absolutely disposed of, was
or were constructed by such person or persons, corporation, or
company, under the powers conferred upon him or them by this
nce to the same he or they shall be
ance , and in refereny
ordined
deem to be the compa .
656 [ 6 OF 1883. ] TRAMWAYS .
Power to leuse.
Power to
lease. 46. Subject to the approval of the Governor in Council
being first obtained ( but not otherwise ) the company may, at
any time and from time to time, demise their undertaking, or
any part or parts thereof, to such person or persons, corporation
or company , for such term or terms of years, or from year to
year, or for any less period, and for such rent or rents, and
upon such terms and conditions in all respects, as the company
shall think fit to adopt, to take effect either in possession or at
some future date, and either with or without a premium or pre
miums as a consideration or considerations for such demise or
demises.
Power to mortgage.
Power to 47. It shall be lawful for the company from time to time or
mortgage .
at any time to borrow money on mortgage of all or any part of
their undertaking , and for that purpose to assign or demise by
way of mortgage all or any portion of their lands, messuages
or tenements, erections,buildings, works, rolling stock , plant,
machinery , chattels and effects, to any person or persons, cor
poration or company , and to enter into all such covenants ,
provisos , declarations and agreements as the company shall
think fit or proper .
Rights of Gorernment.
Rights of 48. The Governor in Council may , at any time or times and
Government. at all times , by order direct that precedence over the company
and all other persons, in the user of the tramways hereby
authorized , or any or either of them , be taken for defensive or
military purposes, or for the passage of troops and war material,
on giving to the company, on each occasion of such user, three
clear days notice.
Government 49. The Governor in Council shall direct the payment to the
to pay tolls. company for such user as aforesaid of such tolls as shall be
agreed on, or, if no agreement shall be come to, then the amount
of such tolls to be paid shall be determined upon petition to the
Court in a summary way .
Traffic upon tramways.
Traffic upon 50. The tramways may be used for the purpose of convey;
tramways.
ing passengers, animals , goods, merchandize, minerals, and
parcels .
Company not 51. Save and except passengers' luggage not exceeding six
bound
gooils. tocarry teen pounds in weight, or one cubic foot in measurement, the
company shall not be bound to carry, unless they think fit, any
animals , goods , merchandize, minerals or parcels.
2
TRAMWAYS. [6 OF 1883. 657
Tolls.
52. The company may demand and take for passengers the Title.
tolls or charges specified in schedule B. hereto, including tolls
for the use of the tramways and of carriages, and for motive
power, and every other expense incidental to the conveyance of
passengers . A list printed in the English and Chinese lan
guages, of all the tolls and charges authorised to be taken shall
be exhibited in a conspicuous place at the offices of the company,
and inside and outside each of the carriages used upon the
tramways. Provided that if there be any variation between
the English and Chinese prints of the said list, the English
print thereof shall prevail.
53. Every fare paid by every passenger for travelling upon Distanceby
the tramways Nos. 1 , 2, 3 and 4 , or any of them , or any part covered
colis
thereof, shall entitle such passenger to travel any distance an
all or any of the said last mentioned tramways, once, on the
day on which such passenger shall so travel , in the same direc
tion continuously, and without leaving the carriages, but for no
further distance, or on any tramway other than the tramways
Nos. 1 , 2 , 3 and 4 , or more than once, or on any other day , or
>
in any other direction, or to leave and re-enter the carriages ;
and every fare paid by every passenger for travelling upon the
tramway No. 5 , or any part thereof,sball entitle such passenger
1
to travel any distance on the said last mentioned tramway, once, ·
on the day on which such passenger shall so travel, in the same
direction continuously, and without leaving thecarriages, but for
>
no further distance, or on any tramway other than the trainway
No. 5, or more than once, or on any other day, or in any other
direction , or to leave and re-enter the carriages ; and every fare
paid by every passenger for travelling upon the tramway No.
6 , or any part thereof, shall entitle such passenger to travel
any distance on the said last mentioned tromway, once, on the
day on which such passenger sball so travel, in the same
direction continuously, and without leaving the carriages, but
for no further distance, or on any tramway other than the
trainway No. 6, or more than once, or on any other day , or in
any other direction, or to leave and re - enter the carriages.
54. If the carriages shall, during anyjourney, contain their Ifcarriages
authorized complement of passengers, the company shall not full,
foot bound
company
to
be bound to find accommodation for any other passenger, not- carry.
withstanding that such other passenger may have purchased a
ticket, or tickets, entitling him to travel upon the tramways,
or any of them .
55. No passenger may take on any of the tramways his luggage.
Passengers'
personal luggage other than small hand baskets bags , or par.
658 [ 6 of 1883. ] TRAMWAYS .
cels, any one of which shall not exceed sixteen pounds in
weight, or one cubic foot in measurement. All such personal
luggage shall be carried by hand , and at the responsibility of
the passenger , and shall not occupy any part of a seat, nor be
of a form or description to annoy or inconvenience other pas
senger's.
Tolls for
animals,
56. The company may demand and take, in respect of any
goods, &c. animals, goods, merchandize, minerals or parcels conveyed by
them on the tramways, except as is by this ordinance specially
provided , including the tolls and charges for the use of the
tramways, and for waggons or trucks, and for motive power,
and every other expense incidental to such conveyance, any
tolls or charges not exceeding the tolls and charges specified
in schedule C. hereto, subject to the regulations therein con
tained.
l'ayment of 57. The said tolls and charges shall be paid to such persons,
tolis.
and at such places and in such manner, as the company may ,
by notice annexed to the list of tolls , appoint.
Abandonment of undertaking.
On abandon
ment road to 58. If the company abandon their undertaking , or any part
be reinstated. or parts thereof, and take up the tramways Nos. 1 , 2, 3, 4 >
and 5, or any, or either of them, they shall, with all convenient
speed , and in all cases within eight weeks at the most ( unless
the Surveyor General otherwise consents in writing ), fill in the
ground and make good the surface, and , to the satisfaction of
the Surveyor General, restore the portion of the road upon
which such last-mentioned tramways, or such of them as shall
be abandoned, were laid to as good a condition as that in
which it was before such tramways were laid thereon , and clear
away surplus paving, or metalling material, or rubbish occasion
ed by such work, and they sball in the meantime cause the
place where the road is opened or broken up to be fenced and
watched and to be properly lighted at night : provided always
that if the company fail to comply with the provisions of this
section , the Surveyor General, if he thinks fit, may himself at
any time after seven days' notice to the company remove the
tramways, and do the works necessary for the restoration of
the road , to the extent provided for in this section , and the
expense incurred by the Surveyor General in so doing shall be
re-paid to him by the company.
Offences.
Offences.
59. If any person wilfully obstructs any person acting under
the authority of the company in the lawful exercise of any of
the powers hereby conferred, or defaces or destroys any mark
TRAMWAYS . 6 OF 1883. 659
made for the purpose of setting out the line of any tramway,
or damages or destroys any property of the company, he shall
for every such offence be liable to a penalty not exceeding
twenty -five dollars.
60. If any person without lawful excuse (the proof whereof Further
shall lie on him ) wilfully does any of the following things, offences,
namely :
Interferes withi , removes, or alters, any part of a
tramway, or of the works connected therewith ;
Places, or throws any stones, dirt, wood , refuse, or
other materials on any part of a tramway ;
Does, or causes to be done anything in such manner
as to obstruct any carriage using a tramway , or
to endanger the lives of persons therein , or
thereon ;
Or knowingly aids or assists in the doing of any of
such things ;
he shall for every such offence be liable ( in addition to any
proceedings by way of indictment, or otherwise, to which he
may be subject) to a penalty not exceeding twenty -five dollars.
61. If any person'travelling, or having travelled in any further
carriage avoids, or attempts to avoid payment of his fare, offences.
or if any person having paid his fare for a certain distance,
knowingly and wilfully proceeds in any such carriage beyond
such distance, and does not pay the additional fare for the
additional distance, or attempts to avoid payment thereof, or if
any person knowingly and wilfully refuses or neglects, on
arriving at the point to which he has paid his fare, to quit
such carriage, every such person shall , for every such offence,
be liable to a penalty not exceeding ten dollars.
62. It shall be lawful for any officer or servant of the Transient
company, and all persons called by him to his assistance, to offenders..
seize and detain any person discovered either in , or immediately
after committing, or attempting to commit any such offence as
in the next preceding section is mentioned , and whose name or
residence is unknown to such officer or servant , until such
person can be conveniently taken to a Police Station for safe
custody and detained until he be discharged by due course of
law.
63. No person shall be entitled to carry , or to require to be Penalty for
carried on any tramway any goods which may be of a dangerous bringing
nature, and if any person send by any trainway any such goods, goodson
without distinctly marking their nature on the outside of the tramways.
660 [6 OF 1883. ] TRAMWAYS.
package containing the same, or otherwise giving notice in
writing to the book -keeper or other servant with whom the
same are left, at the time of such sending, he shall be liable to
a penalty not exceeding one hundred dollars for every such
offence, and it shall be lawful for the company to refuse to take
any parcel that they may suspect to contain goods of a dangerous
nature, or require the same to be opened to ascertain the fact.
Penalty
for using
64. If any person (except under the authority of this
tramways ordinance ), uses any of the said tramways with carriag's
with flange. having flange-wheels, or other wheels suitable only to run on
wheeled
carriages. the rail of such tramway, such person shall for every such
offence
dollars
be liable to a penalty not exceeding one hundred
.
Purchase of lands by agreement.
l'ower to
purchase
65. Subject to the provisions of this ordinance, it shall be
lands by lawful for the company to agree with the owners of any lands
agreement. which shall be required for the purposes of this ordinance, and
with all parties having any estate or interest in such lands, or
by this ordinance enabled to sell and assign the same, for the
absolute purchase for a consideration in money of any such
lands, or such parts thereof as they shall think proper, and of
all estates and interests in such lands of what kind soever.
Parties under 66. It shall be lawful for all parties, being seized , possessed
disability
enabled to of, or entitled to any such lands , or any estate or interest
sell and
assign .
therein , to sell and assign or release the same to the company,
and to enter into all necessary agreements for that purpose,
and particularly it shall be lawful for all or any of the following
parties, so seized, possessed , or entitled as aforesaid so to sell,
assign orrelease (that is to say) all corporations, tenants in
tail, or for life, married women seized in their own right,
guardians, committees of lunatics and idiots, trustees in trust
for charitable or other purposes, executors and administrators,
and all parties for the time being entitled to the receipt of the
rents and profits of any such lands in possession, or subject to
any lease for life , or for lives and years, or for years , or any
less interest; and the power so to sell and assign or release as
aforesaid may lawfully be exercised by all such parties, other
than lessees for life, or for lives and years, or for years, or for
any less interest, not only on behalf of themselves and their
respective heirs, executors, administrators and successors, but
also for and on behalf of every person entitled in reversion ,
remainder, or expectancy after them , or in defeasance of the
estates of such parties, and , as to such married women , whether
they be of full age or not, as if they were sole and of full age,
and as to such guardians on behalf of their wards, and as to
TRAMWAYS . [ 6 of 1883. ] 661
such committees on behalf of the lunatics and idiots of whom
they are the committees respectively, and that to the same
extent as such wives , wards, lunatics and idiots respectively
could have exercised the salne power under the authority of
this ordinance, if they had respectively been under no olisability,
and as to such trustees, executors and administrators, on behalf
of their cestuique trusts, whether infants, issue unborn , lunatics,
femes covert, or other persons , and that to the same extent as
such cestuique trusts respectively could have exercised the same
powers under the authority of this ordinance if they had respect
ively been under no disability":
67. The power to release lands from any rent- charge or Parties under
incumbrance, and to agree for the apportionment of any such todisability
rent-charge or incumbrance shall extend to, and may lawfully other powers.
be exercised by every party hereinbefore enabled to sell and
assign or release lands to the company.
68. The purchase money or compensation to be paid for any compen
lanıls to be purchased or taken from any party under any sation where
parties are
disability or incapacity and not having power to sell or assign under
such lands except under the provisions of this ordinance, and disability.
the compensation ( if any ) to be paid for any permanent damage
or injury to any such lands, where such party has agreed to
the amount to be paid , shall not be less than shall be approved
by the Court or å julge, upon the petition to the Court in a
summary vay of any of the parties interested, and all purchase
money and compensation recovered under or by virtue of this
section shall be paid into Court for the benefit of the parties
interested.
Purchase of lands otherwise than by apreement.
69. Before it shall be lawful for the company to put in force Part of
any of the powers of this ordinance in relation to the compul- capital to be
sory taking of land for the purposes of the undertaking, or open before
or break up any roails, the company shall satisfy the Governor compulsory
in Council that one third part at least of the capital or estimated exercised.
sum for defraying the expenses of the undertaking shall have
been subscribed under contract binding the parties thereto,
their heirs, executors and administrators, for the payment of
the several sums by them respectively subscribed , and ીa certifi
cate of the Governor, published in the Gazette, shall be con
clusive evidence that such amount has been duly subscribed .
70. When the company shall require to purchase or take Notice of
any of the lands more particularly mentioned and set out in intention to,
schedule D. to this ordinance, they shall give notice thereof to
all the parties interested in such lands, or to the parties enabled
662 ( 6 or 1883. ] TRAMWAYS .
by this ordinance to sell and assign or release the same, or to such
of the said parties as shall, after diligent enquiry, be known to
the company, and by such notice shall demand from such parties
the particulars of their estate and interest in such lands , and of
the claims made by them in respect thereof ; and every such
notice shall state the particulars of the lands so required, and
that the company are willing to treat for the purchase thereof,
and as to the compensation to be made to all parties for the
damage that may be sustained by them by reason of the execu
tion of the works.
Particulars of
claim to be 71. Within twenty -one days after the service of such notice
deliverci .
( exclusive of the day of service ) every party upon whom the
same is served shall give notice to the company stating the
particulars of his claim in respect of any such land and the com
pensation which he is willing to accept for the same.
Company to
state what 72. Within twenty -one days after the service on the com
compensation pany of such last mentioned notice (exclusive of the day of
they will pay. service) the company shall in writing state to the party giving
the same whether or not they will paythe compensation required
by such party, and , if not, then they shall state what compen
sation they are willing to pay to such party, and within twenty
one days after the service on such party by the company of such
intimation (exclusive of the day of service ) such party shall
give notice to the company whether or not he will accept the
compensation that the company are willing to pay.
Compensation
to be deter
73. If the company or any such party as aforesaid fail to
mined by
suit.
serve the said respective notices aforesaid within the respective
times aforesaid, or if no agreement he come to between the
company and the owners of or parties by this ordinance enabled
to sell, and assign, or release, any of the said lands mentioned
in the said schedule D. , and taken or required for, or injuriously
affected by the execution of the undertaking, or any interest in
such lands, as to the value of such lands, or of any interest
therein , or as to the compensation to be made in respect thereof,
or for any damage that may be sustained by reason of the
execution of the works, the amount of such value, compensation ,
or damage shall be determined by a suit to be instituted in the
Court in its original jurisdiction .
Writ to issue.
74. Every such suit shall lie commenced by a writ of sum
mons headed Compensation under the Tramway's Ordinance
[ * 3. 1882 , * and shall be issued by the Registrar of the Court on
the filing by the company of a precipe for the same, or on the
filing by the party claiming compensation, if the company shall
not, within fourteen days after service upon them by such party
of a notice requiring them so to do, file their præcipe for
such writ.
TRAMWAYS . [ 6 of 1883. ] 663
75. The plaintiff shall be at liberty to make upon the writ Special
of summons and copy thereof a special indorsement, which indorsement..
indorsement may be in the form shown in schedule E. to this
ordinance, or as near thereto as the circumstances of the case
will adınit of.
Applications
76. After the appearance of the defendant to a writ specially for reference.
endorsed, or in case of non -appearance, the company may ,
within seven days after the time limited for appearance, apply
by summons in chambers for a reference to the Registrar to
ascertain the amount of such value, compensation, or damage
as aforesaid , and thereupon the Judge may make such order as
he shall think fit. If the company do not make such applica
tion within the time aforesaid , the other party may , within five
days after the expiration of such seven days, make such
application.
Practice to be
77. Except as is herein otherwise provided, the practice to followedl ,
be followed in every such suit as aforesaid, and the proceedings Costs.
therein, shall be the same as the practice and proceedings for
the time being obtaining in suits in the Court in its original
jurisdiction, save that, if it appears to the Court, or a Judge,
that no question is in issue between the parties beyond the
amount of compensation to be awarded, it shall not be neces
sary to file any written pleadings, but the Court, or Judge,
may make such order on the confirmation of the Registrar's
report as to it, or him , may seem just, and the costs ofthe suit Costs.
shall be in the discretion of the Court, unless the same or a
less sum than shall have been offered by the company shall be
directed to be paid by them , in which case each party shall
bear his own costs.
78. The purchase money or compensation to be paid for any How compen
of the said lands mentioned in the said schedule D. and required absent
sation toparties
to be purchased or taken by the company from any party who, mincd.
tobedeter
by reason of absence from the Colony of Hongkong, is pre
vented from treating, or who cannot after diligent enquiry be
found , shall be determined upon petition to the Court in a
summary way, and the expenses thereof and incident thereto
shall be borne by the company.
79. In estimating the purchase money or compensation to be Damage for
severance, &c.,
paid by the company in any of the cases aforesaid, regard inay may bein.
be had not only to the value of the land to be purchased or cluded in
taken by the company, but also to the damage if any to be compensa
sustained by the owner of the lands by reason of the severing
of the lands taken from other lands of such owner , or of such
other lands being otherwise injuriously affected by the exercise
of the powers of this ordinance, and to the fact that the lands
taken are so taken from such owner compulsorily.
66-4 6 of 1883. ] TRAMWAYS .
Where com
pensation to
80. When the compensation payable in respect of any of
absent party the said lauds mentioned in the said schedule D., or any
has been
as
interest therein, shall have been ascertained and paid into Court
aforesaid the under the provisions herein contained, by reason that the owner
party may
have the same
of, or party entitled to assign such lands or such interest therein
determined as as aforesaid could not be found, or was absent from the said
in other cases Colony of Hongkong, if such owner or party shall be dissatisfied
compensa
tion .
with such determination, it shall be lawful for him , before he
shall have applie i to the Court for payment out or investment
of the monies so paid into Court, by notice in writing to the
company to require the question of such compensation to be
determined by a suit to be instituted in the Court in its original
jurisdiction in the same manner as is herein before provided for
in other cases of disputed compensation, and thereupon the
same shall be so determined accordingly.
Question to be 81. The question to be determined in the case last aforesaid
determineil.
shall be, whether the said sum so paid into Court as aforesaid
by the company was a sufficient sum ,, or whether any, and
what further sum ought to be paid into Court by them .
If further sum 82. If it shall be determined that a further sum ought to be
determined
company to paid into Court by the company, they shall so pay, such further
pay sameinto sum within fourteen days after such determination or, in default
fourteendays.. thereof, the same may be enforced by attachment, or recovered
with costs, by action or suit.
Cost of the 83. If it shall be determined that the sum so paid into
enquiry,
Court was sufficient, the costs of and incident to such enquiry
shall be in the discretion of the Court, but if it shall be deter
mined that a further sum ought to be paid into Court by the
company, all the costs of and incident to the enquiry shall be
borne by the company.
Compensa-
tion where no
84. If any party shall beentitled to any compensation in
satisfaction respect of any of the said lands, mentioned in the said schedule
previously D. , or of any interest therein , which shall have been taken for
made, how to
be settled . or injuriously affected by the execution of the works, and for
which the company shall not have made satisfaction under the
provisions of this ordinance, such compensation shall be deter
mined, where no agreement has been come to between such
party and the company, by a suit to be instituted in the Court
in its original jurisdiction in the same manner as is hereinbefore
provided for in other cases of disputed coinpensation.
Application of compensation.
Purchase . 85. If the purchase -money or compensation which shall be
able to para payable in respect of any of the said' lands, mentioned in the
ties under
said schedule D. , or of any interest therein, purchased or taken
TRAMWAYS. 6 OF 1883. ] 665
by the company from any tenant for life or in tail, married disability
woman seized in her own right, guardian committee of lunatic $ex.ceeding
1,000 to be
or idiot, trustee, executor or administrator, or person having a Court.
paid into
partial or qualified interest only in such lands, and not entitled
to sell or assign the same except under the provisions of this
ordinance, or the compensation to be paid for any permanent
damage to any such lands, exceed the sum of one thousand
dollars, the same shall be paid into Court, subject to the orders
of the Court, and such monies shall remain in Court until the
same be applied to some one or more of the following purposes,
(that is to say):
In the discharge of any debt or incumbrance affecting the Application of
monies paid
land in respect of which such money shall have been in.
paid , or affecting other lands settled therewith to the
same or the like nses, trusts, or purposes ; or
In the purchase of other lands to be assigned, limited, and
settled upon the like uses, trusts and purposes, and in
the same manner as the lands in respect of which such
money shall have been paid stood settled ; or,
If such money shall be paid in respect of any buildings
taken under the authority of this ordinance, or injured
by the proximity of the works, in removing or
re- placing such buildings, or substituting others in
their stead, in such manner as the Court shall direct ;
or,
In payment to any party becoming absolutely entitled to
suchmo ney.
86. Such money may be so applied as aforesaid upon an Order for
order of the Court or a Judge, made on the petition of the party application.
who would have been entitled to the rents and profits of the ment mean
.
lands in respect of which such money shall have been deposited; while.
and until the money can be so applied it may, upon the like
order, be invested by the Registrar in or upon any securities or
investments authorized by the Court or a Judge, and the interest,
dividends, and annual proceeds thereof paid to the party who
would for the time being have been entitled to the rents and
profits of the lands .
87. If the purchase-money or compensation shall not exceed Sums from
the sum of one thousand dollars, and shall exceed the sum of $100
to be to $1000
paid
one hundred dollars, the same shall either be paid into Court, tointotrusters,
Court,or
and applied in the manner hereinbefore directed with respect to
sums exceeding one thousand dollars, or the same may lawfully
be paid to two trustees,to be nominated by the parties entitled
to the rents or profits of the lands in respect whereof the same
shall be payable, such nomination to be signified by writing
666 [ 6 of 1883. ] TRAMWAYS .
under the hand of the parties so entitled ; and in case of the
coverture, infancy, lunacy, or other incapacity of the parties
entitled to such monies, such nomination maylawfully be made
by their respective husbands, guardians, committees, or trustees;
but such last -mentioned application of the monies shall not be
made unless the company approve thereof, and of the trustees
named for the purpose ; and the money so paid to such trustees,
and the produce arising therefrom , shall be by such trustees
applied in the manner hereinbefore directed with respect to
money paid into Court, but it shall 110t be necessary to obtain
any order of the Court for that purpose.
Sums not
exceeding 88. If such money shall not exceed the sum of one hundred
$ 100 to be dollars, the same shall be paid to the parties entiiled to the
paid to rents and profits of the lands in respect whereof the same shall
parties.
be payable, for their own use and benefit, or in case of the
coverture, infancy, idiotcy, lunacy, or other incapacity of any
such parties, then such money shall be paid , for their use , to
the respective husbands, guardians, committees, or trustees of
such persons.
Application 89. All sums of money exceeding one hundred dollars
of compensacs which may be payable by the company in respect of the taking,
not absolutely using, or interfering with, any lands under a contract or
entitled ,
agreement with any person who shall not be entitled to dispose
of such lands, or of the interest therein contracted to be sold
by him , absolutely for his own benefit , shall be paid into Court
or to trustees in manner aforesaid .
Court to
90. Where any purchase -money or compensation paid into
application of Court under the provisions of this ordinance shall have been so
money in
respect of life paid in respect of any lease for a life or lives or years, or for a
interests,& c. life or lives and years, or any interest less than the whole
in lands.
interest granted by any Crown lease, it shall be lawful for the
Court or a Judge, upon petition to the Court in a summary
way of any party interested therein, to order that the same shall
be laid out, invested, accumulated, and paid in such manner as
the Court or such Judge may consider will give to the parties
interested in such money the same benefit therefrom as they
might lawfully have had from the interest in respect of which
such money shall have been paid , or as near thereto as may be.
Upon pay 91. Upon payment in manner herein before provided, of the
ment being
made, the purchase-money or compensation agreed or determined to be
owners of the paid in respect of any of the said lands mentioned in the said
assign , or in schedule D., and purchased or taken by the company under the
defailtot best provisions of this ordinance, the owner of such lands , including
in the in such term all parties by this ordinance enabled to sell or
company by assign lands, shall , when required so to do by the company,
TRAJIWAYS , [ 6 of 1883.] 667
duly assign such lanıls to the company, or as they shall direct :
i
and in default thereof, or if he fail to adduce a good title to such
lands to their satisfaction , it shall be lawful for the company, if
they think fit, to prepare a deed of conveyance, assignment, or
assurance of such lands to themselves, containing a description
of the lands in respect of which such default shall be made, and
reciting the prirchase or taking thereof by the company , and the
names ofthe parties from whom the same were purchased or
taken , and the payment made in respect thereof, and declaring
the fact of such default having been made, and to tender such
deed after the same shall have been stamped with the stamp
duty which would have been payable upon an assignment to
the company of the lands described therein , to the Registrar for
execution on behalf of the owner and other ( if any ) the convey
ing, assigning, or assuring parties, and thereupon the Registrar
shall , upon an order of the Court to be obtained upon petition
in a summary way, execute the same, and all the estate and
interest in such lands of, or capable of being sold and assigned
by the party between whom and the company such agreement
shall have been come to , or as between whom and the company
such purchase-money or compensation shall have been determined
as herein provided , and shall have been paid as aforesaid , shall
vest absolutely in the company, and as against such parties,
and all parties on behalf of whom they are hereinbefore enabled
to sell and assign, the company shall be entitled to immediate
possession of such lands.
92. If the owner of any of the said lands mentioned in the Where parties
refuse to
said schedule D., and purchased or taken by the company, or assign or do
of any interest therein , on tender of the purchase-money or ornotshow title,
cannot be
compensation which shall have been determined in manner found the
aforesaid to be payable in respect thereof, refuse to accept the mo
purchase
ney to be
same, or neglect or fail to make out a title to such lands, or to pic
the interest therein claimed by him , to the satisfaction of the Couri.
company , or if he refuse to assign or release such lands as directed
by the company,, or if any such owner be absent from the said
Colony of Hongkong, or cannot after diligent inquiry be found ,
or fail to appear on the inquiry herein provided for, it shall be
y
lawful for the compan to pay the purchase-money or compen
sation payable in respect of such lands, or any interest therein ,
into Court subject to the control and disposition of the Court .
93. Upon any such payment into Court as last aforesaid i'pon intopay
beingmade, it shall be lawful forthe company, if they think Court
went being
out on
fit, to prepare a deed of conveyance, assignment, or assurance lands
made,the
to rest
of the last mentioned lands to themselves, containing a descrip- upou a devil
tion of the lands in respect whereof such payment shall have executed
being .
been made, and declaring the circumstances under which such
668 6 of 1883. ] TRAMWAYS .
payment shall have been made, and to tender such deed , after
the same shall have been stamped with the stamp duty which
would have been payable upon an assignment to the com
pany of the lands described therein , to the Registrar for execu
tion on behalf of the owner and other (if any ) the conveying,
assigning, orassuring parties, and thereuponthe Registrar shall,
upon an order of the Court to be obtained upon petition in a
summary way , execute the same and all the estate and interest
in such lands of the parties for whose use and in respect whereof
such purchase-money or compensation shall have been so paid
shall vest absolutely in the company, and, as against such
parties, they shall be entitled to immediate possession of such
lands .
Application 94. Upon the application by petition of any party making
of monies so
paid into claim to the money so paid into Court as last aforesaid, or any
Court. part thereof, or to the lands in respect whereof the same shall
have been so paid or any part of such lands , or any interest in
the same, the Court or a Judge may, as to it or him shall seem
fit, order such money to be laid out or invested in or upon any
securities or investments authorized by the Court or a Judge,
or may order distribution thereof, or payment of the dividends
thereof,according to the respective estates, titles, or interests of
the parties making claim to such money or lands, or any part
thereof, and may make such other order in the premises as to
such Court or Judge shall seem fit.
Party in 95. If any question arise respecting the title to the lands in
possession to
be deemed respect whereof such movies shall have been so paid into Court
the owner .
as aforesaid , the parties respectively in possession of such lands,
as being the owners thereof, or in receipt of the rents of such
lands, as being entitled thereto at the time of such lands being
purchased or taken, shall be deemed to have been lawfully
entitled to such lands, until the contrary be shown to the
satisfaction of the Court or a Judge, upon petition in a sum
mary way, and , unless the contrary be sbown as aforesaid ,
the parties so in possession, and all parties claiming under them ,
or consistently with their possession, sball be deemed entitled
to the money so paid into Court, and to the dividends or interest
thereof and the same shall be paid and applied accordingly.
Costs in cases
96. In all cases of monies paid into Court under the provi
ofmoney paid sions of this ordinance, except where such monies shall have
been so paid in by reason of the wilful refusal of any party
entitled thereto to receive the same, or to assign or release the
lands in respect whereof the same shall be payable , or by reason
of the wilful neglect of any party to make out a good title to
he land required , it shall be lawful for the Court to order the
costs of the following matters, including therein all reasonable
TRAMWAYS . [ 6 OF 1883. ] 669
charges and expenses incident thereto, to be paid by the
company ( that is to say , the costs of the purchase or taking of
the lands, or which shall have been incurred in consequence
thereof, other than such costs as are herein otherwise provided
for, and the costs of the investment of such monies in manner
by this ordinance provided and of the re-investment thereof in
the purchase of other lands, and also the costs of obtaining the
proper orders for any of the purposes aforesaid , and of the orders
for the payment of the dividends and interest of the securities
upon which such monies shall be invested, and for the payment
out of Court of the principal of such monies, or of the securities
iphereon the same shall be invested , and of all proceedings
relating thereto, except such as are occasioned by litigation
between adverse claimants: provided always, that the costs of
one application only for re-investment in land shall be allowed ,
unless it shall appear to the Court that it is for the benefit of
the parties interested in the said monies that the same should
be invested in the purchase of lands, in different suns, and at
different times, in which case it shall be lawful for the Court to
order the costs of any such investments to be paid by the
company
Assignments.
97. Assignments of lands to the company shall be in such Assignments.
form as the company shall think fit .
98. The costs of all such assignments shall be borne by the Cost of
company, and such costs shall include all charges and expenses assignments.,
incurred, on the part as well of the seller as of the purchaser,
of all assignments and assurances of any such lands, and of any
outstanding terms or interests therein , and of deducing,
evidencing, and verifying the title to such lands, terms or
interests, and of making out and furnishing such abstracts and
attested copies as the company may require, and all other
reasonable expenses incident to the investigation, deduction and
verification of such title .
99. If the company and the party entitled to any such costs Taxation of
shall not agree as to the amount thereof, such costs shall be taxed assignments.
costs of
by the Registrar upon an order of the Court, to be obtained
upon petition in a summary way by the company, or by such
party, if the company refuse or neglect to apply for such order
for fourteen days after notice from such party so to do, and the
company shall pay what the Registrar shall certify to be due in
respect of such costs to the party entitled thereto , or in default
thereof the same may be recovered in the same way as any
other costs payable under an order of the said Court, and the
expense of taxing such costs shall be borne by the company,
TRAMWAYS .
070 ( 6 of 1883. ]
unless upon such taxation one-sixth part of the amount of
such costs shall be disallowed , in which case the costs of such
taxation shall be borne by the party whose costs shall be so
taxed, and the amount thereof shall be ascertained by the
Registrar and deducted by him accordingly in his certificate of
such taxation .
Entry on lands.
Payment of
price to be
100. The company shall not, except by consent of the
madeprevious owners and occupiers, enter upon any of the said lands men
to entry ,
except to
tioned in the said schedule D., and which shall be required to
sullvell, c . be purchased or permanently vised for the purposes and under
the powers of this ordinance, until they shall either have paid
to every party having any interest in such lands, or paid into
Court in the manner herein mentioned the purchase -money or
compensation to be paid to such parties respectively for their
respective interests therein : provided always that for the
purpose merely of surveying such lands, and of setting out the
line of the works, it shall be lawful for the company, after giving
not less than three por more than fourteen days' notice to the
owners or occupiers thereof, to enter upon such lands without
previous consent, making compensation for any damage thereby
occasioned to the owner or occupiers thereof.
C'ompany to
to
101. Provided also, that if the company shall be desirous of
enter on lands entering upon and using any of the said lands mentioned in the
before
purchase, on
said schedule D. before an agreement shall have been come to ,
making or the purchase-money or compensation to be paid by them in
deposit by
Way of
respect of such lands shall have been determined as herein
mecurity and provided, it shall be lawful for the company to pay into Court
giving bond. Ly way of security either the amount of purchase-money, or
compensation claimed by any part interested in , or entitled to
sell and assign such lands, and who shall not consent to such
entry, or such a sim as shall, by the Court or a Judge upon
petition in a summary way be determined to be the value of
such lands or interest therein which such party is entitled to or
enabled to sell and assign, and also to give or tender to such
party a bond, under the common seal of the company, with two
sufficient sureties to be approved of by such Court or Judge
in case the parties differ , in a penal sum equal to the sum
so to be deposited , conditioned for payment to such party,
or for payment into Court, for the benefit of the parties in
terested in such lands, as the case may require, under the
provisions herein contained , of all such purchase -money or com
pensation as may in manner hereinbefore provided be determined
to be payable by the company in respect of the lands so entered
upon , together with interest thereon , at the rate of six dollars
TRAMWAYS . [6 OF 1883. ] 671
per centum per annum , from the time of entering on such lands
until such purchase -money or compensation shall be paid to
such party or into Court for the benefit of the parties interested
in such lands under the provisions herein contained ; and upon
such payment by way of security being made as aforesaid, and
such bond being delivered or tendered to such non -consenting
party as aforesaid , it shall be lawful for the company to enter
upon and use such lands, without having first paid the pur
chase-money or compensation in other cases required to be paid
by them before entering upon any lands to be taken by them
under the provisions of this ordinance. Provided always that,
if it shall be shown to the satisfaction of the Court or à Judge
that such non consenting party as aforesaid be absent from the
Colony, whether temporarily or permanently, or in hiding, or
cannot after diligent enquiry be found , then such Court or
Julge may order such bond as aforesaid to be dispensed with ,
and may authorize the company to enter upon and use any of
the said lands mentioned in the said schedule D. after first pay
ing into Court by way of security either the amount of purchase
money or compensation claimed by such non -consenting party,
or such a sum as shall by such Court or Judge be determined
upon petition in a summary way to be the value of such lands
or interest therein which such non-consenting party is entitled
to or enabled to sell or assign .
102. The money so paid into Court as last aforesaid shall Monies to
remain in Court by way of security to the parties whose lands security,
remain asand
a
shall so have been entered upon , for the performance of the to be applied
condition of the bond to be given by the company as hereinbefore direction of
mentioned, or where such bond has been dispensed with as the Court.
aforesaid , for the payment to the parties whose lands shall so
have been entered upon, or for deposit in Court for the benefit
of the parties interested in such lands, as the case may require,
under the provisions herein contained , of allsuch prochase -money
or compensation as may in manner hereinbefore provided be
determined to be payable by the company in respect of the
lands so entered upon, together with interest thereon at the
rate of six dollars per centum per annum from the time of
entering on such lands until such purchase -money or compen .
sation shall be paid to such party, or until the money so deposited
shall be deemed to be, or shall be deposited in Court for the
benefit of the parties interested in such lands under the
provisions herein contained , and the monies so deposited in
Court as in the next preceding section mentioned may , on the
application by petition of the company, be ordered to be invested
upon any securities or investments authorized by the Court or
a Judge, and upon the objects or object for which such deposit
672 [ 6 of 1883.) TRAMWAYS .
as last aforesaid was made being fully attained or satisfied, it
shall be lawful for the Court, upon a like application , to order
the money so deposited , or the funds in which the same shall
have been invested, together with the accumulations thereof, to
be re-paid or transferred to the company , or if such objects or
object shall not be fully attainel or satisfied , it shall be lawful
for the Court to order the same to be applied in such manner
as it shall think fit for the benefit of the parties for whose
security the same shall so have been deposited.
Penalty on the 103. If the company or any of their contractors shall , except
company
entering upon as aforesaid , wilfully enter upon and take possession ofany of
lands without the said lands mentioned in the said schedule D., which shall
consent
before pay .
ment of the
be required to be purchased or permanently used for the purpose
purchase. of this ordinance , without such consent as aforesaid, or without
money. having made such payment into Court as aforesaid for the
benefit or security of the parties interested in the lands, the
company shall forfeit to the party in possession of such lands
the sum of fifty dollars, over and above the amount of any
damage done to such lands by reason of such entry and taking
possession as aforesaid , and if the company or their contractors
shall, after conviction in such penalty as aforesaid, continue in
unlawful possession of any such lands,the company shall be
liable to forfeit the sum of one hundred dollars for every day
they or their contractor shall so remain in possession as aforesaid,
such penalty to be recoverable by the party in possession of
such lands, with costs, by a suit to be instituted in the Court in
its original jurisdiction in the same manner as is hereinbefore
provided for in cases of disputed coinpensation. Provided always
that nothing herein contained shall be held to subject the
company to the payment of any such penalties as aforesaid, if
they shall bonâ fide and without collusion have paid the
compensation which shall have been under the provisions of this
ordinance determined to be paid in respect of the said lands to
any person whom the company may have reasonably believed
to be entitled thereto, or shall have paid the same into Court
for the benefit or security of the parties interested in the lands,
although
thereto
such person may not have been legally entitled
.
Proceedings
in case of
104. If in any case in which, according to the provisions of
refusal to this ordinance , the company are authorized to enter upon and
deliver
possession of
take possession of such of the said lands mentioned in the said
lands. schedule D. as are required for the purposes of the undertaking,
the owner or occupier of any such lands or any other person
refuse to give up the possession thereof, or hinder the company
from entering upon or taking possession of the same, it shall be
lawful for the company to issue their warrant to one of the
TRAMWAYS . [ 6 OF 1883. ] 673
bailiffs of the Court to deliver possession of the same to the
person appointed in such warrant to receive the same, and upon
the receipt of such warrant such bailiff shall deliver possession
of any such lauds accordingly, and the costs accruiny by reason
of the issuing and esecution of such warrant, to be settled by
the Registrar, shall be paid by the person refusing to and
possession , and the amount of such costs shall be deducted give
retained by the company from the compensation, if any, then
payable by them to such party, or if no such compensation be
payable to such party, or if the same be less than the amount
of such costs, then such costs, or the excess thereof beyond
such compensation, if not paid on demand, shall be recovered
in the same way as any other costs payable under an order of
the said Court .
105. No party shall at any time be required to sell or assign Parties not to
to the company
manufa
a part only of any house or other building or belleparteredof toa
, if such part
ctory y be willing and able to sell and house.
assign the whole thereof.
Lands in mortgage .
106. It shall be lawful for the company to purchase or Power to
redeem
redeem the interest of the mortgagee of any of the said lands mortgages.
mentioned in the said schedule D., which may be required for
the purposes of this ordinance, and that whether they shall
have previously purchased the equity of redemption of such
lands or not, and whether the mortgagee thereof be entitled
thereto in his own right, or in trust for any other party, and
whether be be in possession of such lands by virtue of such
mortgage or not, and whether such mortgage affect such lands
solely, or jointly with any other lands not required for the
purposes of this ordinance , and in order thereto the company
may pay or tender to such inortgagee the principal and interest
due on such mortgage, together with his costs and charges, if
any, and also one month's additional interest, and thereupon
such mortgagee shall immediately assign bis interest in the lands
comprised in such mortgage to the company, or as they shall
direct , or the company may give notice in writing to such
mortgagee that they will pay off the principal and interest duc
on such mortgage at the end of one month , computed from the
day of giving such notice ; and if they shall have given any
such notice, or if the party entitled to the equity of redemption
of any such lands shall have given notice of bis intention to
redeemn the same, then at the expiration of either of such notices,
or at any intermediate period, upon payment or tender by the
company to the mortgagee of the principal money due on such
mortgage, and the interest which would become due at the end
674 [ 6 of 1883.] TRAMWAYS .
of one month from the time of giving either of such notices,
together with his costs and expenses, if any, such mortgagée
shall assign or release his interest in the lands comprised in
such mortgage to the company, or as they shall direct.
Payment into
Court of
107. If, in either of the cases aforesaid, upon such payment
mortgage or tender, any mortgagee shall fail to assign or release his
money on
refusal to interest in such mortgage as directed by the company, or if he
accept fail to adduce a good title thereto to their satisfaction, or if he
be absent from the Colony, whether temporarily or permanently ,
or in hiding, or cannot after diligent enquiry be found, then it
shall be lawful for the company to pay into Court in the manner
provided by this ordinance in like cases, the principal and ( if
the same can be ascertained ) interest and costs, if any, due on
such mortgage, and also , if such payment be made before the
expiration of the notices aforesaid, such further interest (if the
same can be ascertained ) as would at such expiration become
due ; and it shall be lawful for them , if they think fit, to prepare
a deed of conveyance , assignment or assurance and release of
such mortgaged lands to themselves , and to tender such deed ,
after the same shall have been duly stamped as required by law,
to the Registrar for execution on behalf of the mortgagee and
other (if any) the assuring and releasing parties, and thereupon
the Registrar shall, upon an order of the Court to be obtained
upon petition in a summary way, execute the same ; and
thereupon, as well as upon such assignment by the mortgagee,
if any, being made, all the estate and interest of such mortgagee ,
and of all persons in trust for him , or for whom he may be a
trustee in such lands shall vest in the company, and they shall
be entitled to immediate possession thereof in case such mortgagee
were himself entitled to such possession .
Sum to be
paid when 108. If any such mortgaged lands shall be of less value than
mortgage
exceeds the
the principal interest and costs secured thereon, the value of
value of the suchi lands , or the compensation to be inade by the company in
lands. respect thereof, shall be settled by agreement between the mort
gagee of such lands and the party entitled to the equity of
redemption thereof on the one part, and the company on the
other part, and if the parties aforesaid fail to agree respecting
the amount of such value or compensation, the same shall be
determined as in other cases of disputed compensation ; and the
amount of such value or compensation , being so agreed upon
or determined , shall be paid or tendered by the company to the
mortgagee in satisfaction of his mortgage debt so far as the
same will extent, and upon payment or tender thereof the
mortgagee shall assign or release all his interest in such mort
gaged lands to the company, or as they shall direct.
TRAMWAYS . [ 6 of 1883. ) 675
109. If, upon such payment or tender as aforesaid being payment into
made, any such mortgagee fail so to assign his interest in such mou
Courtesofwhen
In
mortgage , or to adduce a good title thereto to the satisfaction refused on
of the company, or if he be absent from the Colony,whether tender.
01
temporarily or permanently, or in hiding, or cannot after diligent
N
enquiry be found, it shall be lawful for them to pay the amount
or value or compensation into Court, in the manner provided
by this ordinance in like cases, and every such payment shall
be accepted by the mortgagee in satisfaction of liis mortgage
debt, so far as the same will extend, and shall be a full discharge
of such mortgaged lands from all money due thereon ; and it
shall be lawful for the company , if they think fit, to prepare a
1 deed of conveyance, assignment, or assurance and release of such
D
mortgaged lands to themselves , and to tender such deed , after
e
the same shall have been duly stamped as required by law , to
€
the Registrar for execution on behalf of the mortgagee and other
☺
( if any ) the assuring and releasing parties, and thereupon the
Registrar shall, upon an order of the Court to be obtained upon
petition in a summary way , execute the same, and such lands,
as to all such estate and interest as were then vested in the
mortgagee or any person in trust for him , shall become abso
lutely vested in the company, and they shall be entitled to
immediate possession thereof in case such mortgagee were himself
entitled to such possession ; nevertheless all rights and remedies
possessed by the mortgagee against the mortgagor, by virtue
of any bond, or covenant, or other obligation, other than the
right to such lands, shall remain in force in respect of so much
of the mortgage debt as shall not have been satisfied by such
payment or deposit.
110. If a part only of any such mortgaged lands be required sum to be
for thepurposes of this ordinance, and if the part so required part only"or
of
be of less value than the principal money interest and costs mortgager?
secured on such lands , and the mortgagee shall not consider the landstaken..
remaining part of such lands a sufficient security for the money
charged ihereon, or be not willing to release the part so required,
then the value of such part, and also the conpensation ( if any )
to be paid in respect of theseverance thereof or otherwise, shall
be settled by agreement between the mortgagee and the party
entitled to the equity of redemption of such land on the one
part, and the company on the other, and if the parties aforesaid
fail to agree respecting the amount of such value or compensa
tion , the saine shall be determined , as in other cases of disputed
compensation ; and the amount of such value or compensation,
being so agreed upon or determined,shall be paid by the com
pany to such mortgagee in satisfaction of his mortgage debt so
far as the same will extend ; and thereupon such mortgagee
676 [ 6 of 1883. ] TRAMWAYS .
shall assign or release to them , or as they shall direct, all his
interest in such mortgaged lands the value whereof shall have
been so paid ; and a memorandum of what shall have been so
paid shall be endorsed on the deed creating such mortgage, and
shall be signed by the mortgagee ; and a copy of such memo
randum shall at the same time ( if required ) be furnished by the
company at their expense to the party entitled to the equity of
redemption of the lands comprised in such mortgage deed..
Payment into 111. If, upon payment or tender to any such mortgagee of the
Court of
money when amount of the value or compensation so agreed upon or deter
refused on
tender . mined, such mortgage shall fail to assign or release to the
company, or as they shall direct, his interest in the lands in
respect of which such compensation shall so have been paid or
tendered , or if he shall fail to adduce a good title thereto to the
satisfaction of the company, or if he be absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot
after diligent enquiry be found , it shall be lawful for the
company to pay the amount of such value or coinpensation into
Court, and such payment shall be accepted by such mortgagee
in satisfaction of his mortgage debt, so far as the same will
extend , and shall be a full discharge of the portion of the
mortgaged lands so required from allmoney due thereon ; and
it shall be lawful for the company, if they think fit , to prepare
a deed of conveyance, assignment or assurance and release of
such last mentioned mortgaged lands to themselves, and to
tender such deed , after the same shall have been duly stamped
as required by law , to the Registrar for execution on behalf of
the mortgagee and other (if any) the assuring and releasing
parties, and thereupon the Registrar shall, upon an order of the
Court to be obtained upon petition in a summary way, execute
the same,, and such lands shall become absolutely vested in the
company, as to all such estate and interest as were then vested
in the mortgagee, or any person in trust for him , and in case
such mortgagee were himself entitled to such possession they
shall be entiiled to immediate possession thereof; nevertheless
every such mortgagee shall have the same powers and remedies
for recovering or compelling payment of the mortgage money
or the residue thereof (as the case may be ) and the interest
ther of respectively, upon and out of the residue of such
mortgaged lands, or the portion thereof not required for the
purposes of this ordinance, as he would otherwise have had or
been entitled to, for recovering or compelling payment thereof
upon or out of the whole of the lands originally comprised in
such mortgage.
Compensa 112. Provided always that in any of the cases hereinbefore
tion to be
marle in provided with respect to lands subject to mortgage, if in the
TRAMWAYS . [ 6 OF 1883. ] 677
mortgage deed a time shall have been limited for payment of ifcertain cases,
the principal money thereby secured , and under the provisions paid offbefore
hereinbefore contained the mortgagee shall have been required the stipulated
to accept payment of his mortgage money , or of part thereof, time.
at a time earlier than the time so limited , the company shall
pay to such mortyagee, in addition to the sum which shall
have been so paid off, all such costs and expenses as shall be
incurred by such mortgagee in respect of or which shall be
incidental to the re-investment of the sum so paid off, such
costs in case of difference to be taxed , and payment thereof
enforced in the manner herein provided with respect to the
costs of assignments ; and if the rate of interest secured by such
mortgage be higher than at the time of the same being so paid
off can reasonably be expected to be obtained on re -investing
the same, regard being had to the then current rate of interest
allowed by the Court, such mortgagee shall be entitled to
receive from the company, in addition to the principal and
interest herciubefore provided for, compensation in respect of
the loss to be sustained by him by reason of his mortgage
money being so prematurely paid off, the amount of such
compensation to be ascertained, in case of difference, as in other
cases of disputed compensation ; and until payment or tender
of such compensation as aforesaid the coinpany shall not be
entitled , as against such mortgagee, to possession of the
unortgaged lands under the provisions herein before contained .
Provided that the Court or a Judge may order such payment
or tender to be dispensed with if it or he shall think tit so to
do, and such mortgage money and compensation to be paid
into Court, and , on such payment being made, the company
shall be entitled, as against such mortgagee, to possession of
the mortgaged lands under the powers hereinbefore contained .
Rent-charges.
113. If any difference shall arise between the company and release of
lands from
the party entitled to any rent-charge, or chief or other rent, or rent-charges.
other payment or incumbrance not herein before provided for,
upon any of the said lands mentioned in the said schedule D..
and required to be taken for the purposes of this ordinance,
respecting the consideration to be paid for the release of such
lands therefrom , or from the portion thereof affecting the lands
required for the purposes of this ordinance, the same shall be
determined as in other cases of disputed compensation.
114. If part only of the lands charged with any such rent- Release of
part of
charge, chief or other runt, payment or incumbrance,be required pornchauds
from charge.
to be taken for the purposes of this ordinance, the apportionment
07S
[ 6 OF 1883. ] TRAMWAYS .
of any such charge may be determined by agreement between
the party entitled to such charge and the owner of the lands on A
the one part, and the company on the other part, and if such
apportionment be not so determined by agreement, the same 1
shall be determined by the Court or a Judge upon petition in
a summary way, but if the remaining part of the lands so
jointly subject be a sufficient security for such charge, then,
with consent of the owner of the lands so jointly subject, it
shall be lawful for the party entitled to such charge to release
therefrom the lands required , on condition or in consideration
of such other lands remaining exclusively subject to the whole
thereof.
Payment into
Court in case 115. Upon payment or tender of the compensation so agreed
of refusal to
release.
upon or determined to the party entitled to any such charge
as aforesaid, such party shall execute to the company a release
of such charge ; and if he fail so to do, or if he fail to adduce
good title to such charge to the satisfaction of the company, or
if he be absent from the Colony, whether temporarily or per
manently, or in hiding, or cannot after diligent enquiry be
found , it shall be lawful for them to pay the amount of such 1
compensation into Court, and also if they think fit to prepare
a deed of release of such charge, and to tender the same, after
the same shall have been duly stamped as required by law, to
the Registrar for execution on behalf of the releasing parties,
and thereupon the Registrar shall, upon an order of the Court
to be obtained upon petition in a summary way, execute the
same, and the rent-charge, chief or other rent, payment or
incumbrance, or the portion thereof in respect whereof such
compensation shall so have been paid shall cease and be
extinguished.
Charge to 116. If any such lands be so released from any such charge
continue on
lands not or incumbrance, or portion thereof, to which they were subject
taken .
jointly with other lands, such last-mentioned lands shall alone
be charged with the whole of such charge, or with the remainder
thereof, as the case inay be, and the party entitled to the charge
shall have all the same rights and remedies over such last
mentioned lands for the whole or the remainder of the charge,
as the case may be, as he had previously over the whole of the
lands subject to such charge ; and if upon any such charge or
portion of charge being so released the deed or instrument
creating or transferring such charge be tendered to the com
pany for the purpose, they shall affix their common seal to a
memorandum of such release endorsed on such deed or instru
ment, declaring what part of the lands originally subject to
such charge shall have been purchased by virtue of this ordi
TRAMWAYS . [ 6 OF 1883.] 679
nance, and if the lands be released from part of such charge,
what proportion of such charge shall have been released, and
how much thereof continues payable, or if the lands so required
shall have been released from the whole of such charge, then
that the remaining lands are thenceforward to remain esclu
sively charged therewith ; and such memorandum shall be
made and executed at the expense of the company, and shall
be evidence in the Courts and elsewhere of the facts therein
stated, but not so as to exclude any other evidence of the
same facts.
117. Where part only of any lands comprised in a lease for Where part
a term of years shall be required for the purposes of this ordi- under
omly oflands
dance, the rent payable in respect of the lands comprised in taken therent
to be app or.
such lease shall be apportioned between the lands so required tioned.
and the residue of such lands ; and such apportionment may
be deterinined by agreement between the lessor ( including Her
Majesty, Her Heirs and Successors, in those cases where Her
Majesty, Her Heirs or Successors , shall be the lessor ) and the
lessee of such lands on the one part, and the company on the
other part, and if such apportionment be not so determined by
agreement between the parties, such apportionment shall be
determined by the Court or a Judge, upon petition in a sum
mary way, and after such apportionment the lessee of such
lands shall, as to all future accruing rent, be liable only for so
much of the rent as shall be so apportioned in respect of the
lands not required for the purposes of this ordinance ; and as
to the lands not so required, and as against the lessee, the
lessor shall have all the same rights and remedies for the
recovery of such portion of rent as previously to such apportion
ment he had for the recovery of the whole rent reserved by
such lease ; and all the covenants, conditions, and agreements
of such lease, except as to the amount of rent to be paid , shall
remain in force with regard to that part of the land which
shall not be required for the purposes of this ordinance, in the
same manner as they would have done in case such part only
of the land had been included in the lease.
118. Every such lessee as last aforesaid shall be entitled to Tenants to be
receive from the company compensation for the damage done compensated .
to him in his tenancy by reason of the severance of the lands
required from those not required or otherwise by reason of the
execution of the works .
119. If any such lands shall be in the possession of any Compensa
person having no greater interest therein than as tenant for aa tion totobe
made
year, or from year to year, and if such person be required to tenants from
give up possession of any lands so occupied by bim before the &rear toyear,
-
680 [ 6 OF 1883. ) TRAMWAYS .
expiration of his term or interest therein, he shall be entitled
to compensation for the value of his unexpired term or interest
in such lands, and for any just allowance which ought to be
made to him by an incoming tenant, and for any loss or injury
he may sustain , or if a part only of such lands be required ,
compensation for the damage done to him in his tenancy by
severing the lands held by him or otherwise injuriously affect
ing the same; and the amount of such compensation shall be
determined , in case the parties differ about the same, by the
Court or a Judge upon petition in a summary way , and upon
payment or tender of the amount of such compensation all such
persons shall respectively deliver up to the company, or to the
person appointed by them to take possession thereof, any such
lands in their possession required for the purposes of this
ordinance.
Where greater
interest 120. If any party, having a greater interest than as tenant
claimed than at-will, claim compensation in respect of any unexpired term
at will , lease or interest under
to be any lease of any such lands, the company
produccd . may require such party to produce the lease in respect of which
such claim shall be made, or the best evidence thereof in his
power ; and if after demand made in writing by the company,
such lease, or such best evidence thereof, be not produced within
twenty-one days , the party so claiming compensation shall be
considered as a tenant bolding only from year to year, and be
entitled to compensation accordingly.
Limit of compulsory powers.
Limit of time 121. The powers of the company for the compulsory purchase
for compul .
sory purchase. or taking of lands for the purposes of this ordinance shall not
be exercised after the expiration of three years from the coming
into operation of this ordinance.
Interests omitted to be purchased .
Company 122. If at any time after the company shall have entered
empowered to
purchase
interests in
upon any lands which, under the provisions of this ordinance,
lands, the they were authorized to purchase, and which shall be perma
purchase nently required for the purposes of this ordinance, any party
whereof
have may shall appear to be entitled to any estate, right, or interest in, or
been
oinitted by
mistake.
charge affecting , such lands which the company shall, through
mistake or inadvertence, have failed or omitted duly to purchase,
or to pay compensation for,, then whether the period allowed
for the purchase of lands shall have expired or not, the company
shall remain in the undisturbed possession of such lands, pro
vided within three months after notice of such estate, right,
interest, or charge, in case tlie same shall not be disputed by
TRAMWAYS . [ 6 OF 1883. ] 681
the company, or in case the same shall be disputed then within
three months after the right thereto shall have been finally
established by law in favour of the party claiming the same,
the company shall purchase or pay compensation for the same,
and shall also pay to such party, or to any other party who
may establislı a right thereto , full compensation for the mesne
profits or interest which would lave accrued to such parties
respectively in respect thereof during the interval between the
entry of the company thereon and the time of the payment of
such purchase -money or compensation by the company, so far
as such mesne profits or interest may be recoverable in law or
equity ; and such purchase -money or compensation shall be
agreed on , or determined, an :1 paid in like manner as accoriling
to the provisions of this ordinance the same respectively would
have been agreed on , or determined and paid , in case the com
pany had purchased such estate, right, interest, or charge before
their entering upon such land, or as near thereto as circum
stances will admit.
123. The compensation to be given for any such last, men- How value of
such
tioned lands, or any estate or interest in the same, or for any be estimated.
mesne profits thereof, shall be the value of such lands , estate,
or interest and profits, at the time such lands were entered
upon by the company, and without regard being had to any
improvements or works made in the saidlands by the company,
and as though the works had not been constructed.
124. In addition to the said purchase -money, compensation , Company to
> thecosts
or satisfaction , and before the company shall become absolutely ofpaylitigatio n
entitled to any such estate, interest , or charge, or to have the as to such
lands.
saine merged or extinguished for their benefit, they shall, when
the right to any such estate, interest, or charge, shall have
been disputed by the company and determined in favour of the
party claiming the same, pay the full costs and expenses of any
proceedings at law or in equity for the determination or recovery
of the same to the parties with whom any such litigation in
respect thereof shall have taken place ; and such costs and
expenses shall , in case the same shall be disputed , be settled
by the Registrar.
Sale of superfluous lands.
125. Within ten years after the expiration of the time limited Lands not
by this ordinance for the completion of the works, the company wanted
sola, or into be
shall absolutely sell and dispose of all superfluous lands , and in default to
default thereof all such superfluous lands remaining unsold at vest in the
Crown.
the expiration of such period shall thereupon vest in and become
the property of the Crown .
682
[ 6 of 1883. ] TRAMWAYS .
Service of documents.
Service of
summons, & c .
126. Any summons or any writ or other proceeding at law
or in equity required to be served upon the company may be
served by the same being left at, or transmitted through the
post directed to the principal office of the company,or being
given or transmitted through the post directed to the secretary,
or in case there be no secretary, the solicitor of the company .
Form and
delivery of 127. With respect to notices, and to the delivery thereof by
notices, or to the company, the following provisions shall have effect,
that is to say :
1. Every notice shall be in writing or print, or partly in
writing and partly in print.
2. Any notice to be delivered by or to the company to or
by any other company or person may be delivered by
being left at the office of such other company or
person , or at the then present or then last krown
place of abode or residence of such person , or of bis
ostensible agent or agents, or of other the agent or
agents who pay the rents, rates, and taxes payable in
respect of the property of such person , or by being
affixed upon some conspicuous part of any lands
affected or intended to be affected by such notice, or
by being left at the office of the company, as the case
may be ,or by being sent by post in a registered letter
addressed (as the case may be ) to the clerk or
secretary of such other company at their principal
office, or to such person at his then present or then
last known place of abode or residence, or at his office
or business premises, or by being so sent by post
addressed to the ostensible agent or agents of such
person , or other the agent or agents aforesaid , or to
the clerk or secretary of the company at their principal
office.
Provided always that any notice required to be given by the
company, as mentioned in section 70 of this ordinance, shall in
addition be affixed upon some conspicuous part of the land
affected , or intended to be affected , thereby.
Miscellaneous
Tender of
amends,
128. If any party shall have committed any irregularity,
trespass, or other wrongful proceeding in the execution of this
683
TRAMWAYS. [ 6 or 1883. ]
ordinance, or by virtue of any power or authority hereby given,
and if before action or suit brought in respect thereof, such
party make tender of sufficient amends to the party injured,
such last -mentioned party shall not recover in any such action
or suit , and if no such tender shall have been made, it shall be
lawful for the defendant, by leave of the Court where such action
or suit shall be pending, at any time before answer filed, to pay
into Court such sum ofmoney as he shall think fit, and thereupon
such proceeilings shall be had as in other cases where defendants
are allowed to pay money into Court.
129. Every toll penalty or forfeiture imposed by this Recovery & c.
of
ordinance or by any order in Council, regulation, or bye-law tolls, &
made in pursuance hereof, the recovery of which is not other
wise provided for, may be recovered by suminary proceeding
before aMagistrate, and on complaint being made to a Magistrate
he shall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to
be named in such summons,, and every such suminons shall be
served on the party offending either in person or by leaving the
same with some inmate at his usual or last known place of
abode, and upon the appearance of the party complained against,
or in his absence after proof of the due service of such suunmons,
it shall be lawful for any Magistrate to proceed to the hearing
of the complaint, and that although no information in writing
or in print shall have been exhibited before him , and upon proof
of the offence, it shall be lawful for such Magistrate to convict
the offender , and upon such conviction to adjudge the offender
to pay the penalty or forfeiture incurred as well as such costs
attending the conviction as such Magistrate shall think tit .
130. If forth with upon any such adjudication as aforesaid, By distress.
the amount of the toll , penalty, forfeiture , and of such costs as
aforesaid be not paid, the amount thereof shall be levied by
distress, and any Magistrate shall issue his warrant of distress
accordingly. The said annount shall be levied by distress and
sale of the goods and chattels of the party liable to pay the same,
and the overplus arising from the sale of such goods and chattels ,
after satisfying the amount due, and the expenses of the distress
and sale, shall be returned on demand to the party whose goods
shall have been distrained.
131. The Magistrate by whom any such penalty or forfeiture Application
shall be imposed may, where the application thereof is not of penalties..
otherwise provided for, award one moiety thereof to the use of
Her Majesty, Her Heirs and Successors for the public uses of
the Colony and the support of the Government thereof, and
68-1 [ 6 OF 1883.] TRANIWAYS .
the other moiety to the informer or party prosecuting or
complaining.
Distress not 132. No distress levied by virtue of this ordinance shall be
unlawful
want of form., deemed unlawful, nor shall' any party making the same be
deemed a trespasser, on account of any defect or want of form
in the summons, conviction, warrant of distress, or other
proceeding relating thereto, nor shall such party be deemed a
trespasser ab initio on account of any irregnlarity afterwards
committed by him , but all persons aggrieved by such defect or
irregularity inay recover full satisfaction for the special damage
in an action or suit upon the case .
Tolls, &c, to 133. No person shall be liable to the payment of any toll
be sued for
within six
months ,
penalty or forfeiture imposed by virtue of this ordinance for any
offence made cognisable before a llagistrate unless the complaint
respecting such offence shall have been made before such va
gistrate within six months next after the commission of such
offence.
Power to
summon
134. It shall be lawful for any Magistrate to summon any
witnesses. person to appear before him or any other Magistrate as a witness
in any matter in which a Magistrate shall have jurisdiction
under the provisions of this ordinance, at a time and place
mentioned in such summons, and to administer to him an oath
to testify the truth in such matter, and if any person so sum
moned shall without reasonable excuse refuse or neglect to
appear at the time and place appointed for that purpose having
been paid or tendered a reasonable sum for his expenses , or if
any person appearing shall refuse to be examined upon oath or
to give evidence before such Magistrate, every such person shall
forfeit a sum not exceeding fifty dollars for every such offence .
Form of con .
viction . 135. The Magistrate before whom any person shall be con
victed of any offence against this ordinance may cause the con
viction to be drawn up according to the form in schedule F. to
this ordinance.
Proceedings
not to be
136. No proceeding before a Magistrate in pursuance of this
quashed for ordinance shall be quashed or vacated for want of form or
want of form . removed by certiorari or otherwise into the Court.
Appeal. 137. If any party shall feel aggrieved by any determination
or adjudication of any Magistrate with respect to any penalty
or forfeiture under the provisions of this ordinance, such party
may appeal under the provisions of and in manner provided by
[*Repealed
Nee No. 10
: Ordinance No. 4 of 1858, * intituled An Ordinance for Summary
of 1890.] Jurisdictions and Appeals to the Supreme Court.
TRAMWAYS. [ 6 or 1883. ] 083
138. Any person who, upon any examination upon oath False witnesses.
under this ordinance, shall wilfully and corruptly give false
evidence shall be liable to the penalties of wilful and corrupt
perjury.
139. The company shall be answerable for all accidents, Company to
damages, and injuries happening through their act or default, leresponsible
be
or through the act or default of any person in their employment, damage.
by reason or in consequence of any of their works or carriages,
and shall save harmless all other companies or bodies, collectively
and individually, and their officers and servants, from all damages
and costs in respect of such accidents, damages, and injuries.
140. Notwithstanding anything in this ordinance contained Riylıt of user
the company shall not acquire any right other than that of user only acquireil.
of the roads along or across which they lay any tramway.
141. Nothing in this ordinance shall limit the powers of the Police
power toto
Police to regulate the passage of any traffic along or across any regulate
public road along or across which any tramway is laid down, traffic.
and the Police may exercise their powers as well on as off the
tramway, and with respect as well to the traffic of the company
as to the traffic of other persons, and in particular nothing in
this ordinance shall limit the power of the Captain Superintend
ent of Police to make regulations under and exercise the powers
· conferred on bim by Ordinance No. 10 of 1869.
142. Nothing in this ordinance or in any regulation or bye. Rights vf
law made hereunder shall take away or abridge the right of the reserved.
publice
public to pass along or across every or any part of any public
road along or across which any tramway is laid, whetlier on or
off the tramway, with carriages not having flange-wheels, or
beels suitable only to run on the rail of the tramway.
143. Notwithstanding anything in this ordinance contained Saving for
the company and any persons using the tramwars shall be ordinances.
general
subject and liable to the provisions of any general ordinance
now in force or which may hereafter be passed in the Colony of
Hongkong relating to tramways, or by which any tax or duty
may be granted or imposed for or in respect of tramways, or the
passengers or traffic conveyed thereon , or to any future revisioni
or alteration under the legislature of the said Colony of the
maximum rates of tolls or charges authorized by this ordinance
and to any condition, regulation, or restriction, which may be
imposed upon the use of tramways or upon the use on tramways
of animal power, steam power, or any mechanical power , by any
such general ordinance as aforesaid.
086
[ 6 OF
of 1883.] TRAMWAYS .
Reservation
of rights of
144. The powers and privileges given by this ordioance are
the Crown . so given saving and reserving always the rights of Her Majesty
and of all bodies politic and corporate, and of all other persons
and those claiming by , from , and under them , except as is herein
otherwise provided.
Suspending 145. This ordinance shall not come into operation until Her
clause.
Majesty's confirmation thereof is proclaimed by the Governor.
Schedule A.
( Applicable and extending only to the tramways Nos. 1 , 2, 3, 4 t 5.)
2
Every engine used on the tramways shall be fitted with such mecbanical
appliances for preventing the motive power of such engine from operating,
and for bringing such engine and any carriage drawn or propelled by such
engine to a stand , as the Governor may from time to time think sufficient .
Every engine used on the tramways shall have its number shewn in some
conspicuous part thereof, and shall be fitted,
With an indicator by means of which the speed shall be shewn ;
With a suitable fender to push aside obstructions ;
With a special bell, whistle or other apparatus to be sounded as a
warning when necessary ; and
With a seat for the driver of such engine, so placed in front of such
engine as to command the fullest possible view of the road before
him .
Every, such engine shall be free from noise produced by blast or clatter of
machinery, and the machinery shall be concealed from view at all points
above 4 inches from the level of the rails , and all fire used on such engine
shall be concealed from view .
Schedule B.
The tolls and charges by this ordinance authorized to be taken are :
For every passenger travelling upon the tramways Nos. 1 , 2, 3 and 4, or
any of them , or any part thereof, —
If such passenger is a first class passenger, any 20 cents .
sum not exceedling }
If a second class passenger , any sum not exceeding ... i 5 >
If a third class passenger, any sum not exceeding ... 5
For every passenger travelling upon the tramway No. 5, or any part
thereof,
The same tolls and charges as those hereinbefore authorized in
respect of the tramways Nos. 1 , 2, 3 and 4.
For every passenger travelling upon the tramway No. 6, or any part
thereof,
If such passenger is a first class passenger, any 30 cents ,
sum not exceeding
If a second class passenger, any sum not exceeding ...20
If a third class passenger, any sum not exceeiling ... 10
TRAMWAYS, 6 OF 1883.] 687
Schedule c.
Tolls AND CHARGES FOR ANIMALS, Goods, & c .
Animals.
Per mile.
For every borse, mule , or other beast of draught or burden , per ! 12 cents.
? head , ... S
For every ox, cow , bull or head of cattle, per head ,...... .12
For erery calf, pig, sheep, or other small animal, per head ,............ 10
Goods and Minerals.
For all coals, coke, cuim , charcoal, camnel, limestone, chalk , lime,
salt, sand, fireclay, cinders, dung, compost and all sorts of
manure, and all undressed materials for the repair of public
roads or highways, per ton ,....... .... 20
For all iron, iron ore, pig iron , bar irou , rod iron, sheet iron, hoop
iron , plates of iron, slabs, billets and rolled iron, bricks, slags,
and stone, stones for building, pitching, and paving, tiles, slates,
and clay ( except fire-clay), and for wrought iron not otherwise
specially classed herein , and for heavy iron castings including
railway chairs, per ton, ....... 20
For all sugar, grain , corn , flour, hides, dyewoods, earthenware,
timber and metals (except iron ), nails, anvils, vices, and chains,
and for light iron castings, per ton , ........ 20
For cotton and other wools, drugs (except opium ) and manufactured
goods, and all other wares, merchandise, fish, articles, matters
or things, per ton, ........ 30
For opium , per chest, ....... 20
Small parcels.
For every parcel not exceeding seven pounds in weight, each, ... 5 cents .
For any parcel exceeding seven pounds and not exceeding fourteen
... 10
pounds in weight, cach,
For any parcel exceeding fourteen pounds and not exceeding twenty
,
eight pounds in weight, eaclı,. . . . . . ... ......... 15
For any parcel exceeding twenty -eight pounds, and not exceeding
fifty - six pounds in weight, each , ........ 20
For any parcel exceeding fifty -six pounds in weight, such sums as
the company may think fit.
Provided always, that articles sent in large aggregate quantities, although
made up in separate parcels, such as bags of sugar, coffee, meal, and the like,
shall not be deemed small parcels, but that term shall apply only to single
parcels in separate packages.
Regulations as to tolls.
A fraction of a mile beyond an integral number of miles shall be deemed a
mile .
For a fraction of a ton , the company may demand and take tolls and
charges according to the number of the quarters of a ton in such fraction, and
if there be a fraction of a quarter of a ton , such fraction shall be deemed a
quarter of a ton .
688 of 1883. ]
[ 6 OF TRAMWAYS .
With respect to all articles except stone and timber, the weighit shall be
determined according to the usual avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone, fifty cubic
feet of China fir or Singapore cedar, and forty cubic feet of any other timber,
shall be deemed one ton weight, and so in proportion for any smaller quantity.
Schedule D.
Note.- Schedule D. referring to the purchase of lands under section 70, is
omitted as unimportant now . For such schedule see The Ordinances
of Hongkong published in 1891 , Vol. III. p. 1735.
Schedule E.
This suit is brought for the purpose of ascertaining the compensation to be
paid by the company for the interest of (the vendor or other assuring or
releasing party) is ( name the nature of the interest) in (describe the premises
required by the company ) under the provisions of the Tramways' Ordinance,
1883.
Schedule F.
Form of conciction .
Ilongkong Be it remembered that, on the day of
to wit . } in the year of Our Lord 18 > (A.B. ) is convicted before
( C.D. ) a Magistrate for the Colony of Hongkong, (here describe the offence
generally and the time and pluce when and where committed ) contrary to the
Tramways' Ordinance, 1883.
Given under my ban and seal the day and year first above written .
C. D.
Confirmation procluimed 3rd November, 1883. )
Orler of the Governor in Council of the Ith March, 1885, under the provisions
of section 4 , as amended by section 2 of the Tramways Ordinance
Amendment Ordinance, 1883. ( Gazette 7th March, 1885.)
Whereas the promoters, as defined by section 3 of the Tramways Ordinance,
1883, desire and propose to grant to the Jovourable PHNEAS RYRIE and
ALEXANDER FINDLAY SMITII, their executors, administrators and assigns,
the right to construct and maintain the tramway, numbered six, in the said
Tramways Ordinance, 1883, and thereby authorised to be made, and all the
privileges thereby conferred, in so far as the said PuuxEAS RyRue and
ALEXANDER FINDLAY SJith or either of them , their, or any or either of their
csecutors, administrators, or assigns may desire to exercise the same in respect
of or regard to the said tramway numbered six in the said Tramways
Ordinance, 1883, (but saving an excepting unto the promoters and the
survivors and surivor of them and their and luis assignees or assigned the
TRAMWAYS, 6 OF 1883. ] 089
privileges by the said Tramways Ordinance, 1883, conferred in so far as the
promoters or the survivors or survivor of them or their or his assignees or
assignee may desire to exercise the same in respect of or regard to the
tramways numbered 1 , 2, 3 , 4 and 5 in the said Tramways Ordinance, 1883 ):
and whereas the proposed grant has been submitted for the assent and approval
of the Governor in Council under the provisions of section 4 of the Tramways
Ordinance, 1883 , as amended by section 2 of the Tramways Ordinance
( * Ord. No. 18
Amendment Ordinance, 1883, * and is in the terms following that is to say: of 1883. )
“ This indenture made the day of one thousand
eight hundred and eighty - five between Francis BULKELEY Johnson
formerly of Victoria in the Colony of Hongkong but who is now residing
in Great Britain Esquire the Honourable FREDERICK DAVID SASSOON
of Victoria aforesaid CHARLES Vincent Suru formerly of Victoria
aforesaid but now of Shanghai in the Empire of China Esquire and
Willian KerFoot IIUGHES of Victoria aforesaid Esquire (who are
all hereinafter referred to as the Promoters ') of the one part and the
Ilonourable PHINEAS RYRIE of Victoria aforesaid and ALEXANDER
FINDLAY Suti of Victoria aforesaid merchant (who are both hereinafter
referred to as “ the Purchasers ') of the other part Whereas by the
Tramways Ordinance 1883 it was amongst other things enacted that
( section 3) the promoters or the survivors or survivor of them should
be the promoters for the purposes of that ordinance and were thereinafter
referred to as the promoters and that ( section 4 since repealed ) when
and so soon as that ordinance should have come into operation as
thereinafter provided (but not before) the promoters might with the
assent avd approval of the Governor in Council and in manner therein
mentioned assign and absolutely dispose of any one or more of the
tramways thereby authorised to be constructed and all and every the
assignees or assignee for the time being from the promoters whether a
corporate body or not were and was thereinafter included in the expression
and referred to as the company and in the said reciting ordinance more
particularly mentioned and described the tramways which were thereby
authorised to be made and constructed the powers for construction thereof
the provisions for the protection of gas and water companies and of
sewers drains water-courses and subways the powers to sell lease and
mortgage and the other powers and provisions therein more particularly
mentioned and set out and in particular it was thereby enacted that
( inter alia ) if the company did not within three years after the time at
which they might under that ordinance have commenced the construction
of any one or more of the tramways thereby authorised and complete and
open the same for public traffic or if within one year after ihe time
aforesaid the construction of any one or more of such tramways was not
in the opinion of the Governor in Council substantially commenced the
powers thereby given to the company for constructing such tramways
so not completed or commenced or otherwise in relation thereto should
cease to be exercised unless the time were prolonged by the Governor
in Council And it was thereby also enacted that (section 145) that
ordinance should not come into operation until Her Majesty's confirmation
thereof was proclaimed by the Governor And whereasby a proclamation
dated the third November one thousand eight hundred and eighty -three,
and published in the Hongkong Government Gazette of the saine date
under the hand of His Excellency Sir GEORGE FERGUSON BOWEN
Knight Grand Cross of the most Distinguished Order of St. Michael
and St. George Governor and Commander -in -Chief of the Colony of
Ilongkong and its Dependencies and Vice- Admiral of the same and the
Seal of the said Colony of Ilongkong after reciting that a despatch had
been received from the Right Honourable the Earl of DERBY Her
Majesty's Principal Secretary of State for the Colonies conveying to
690 TRAMWAYS .
[6 OF 1883. ]
him ( the said Sir George Ferguson Bowen ) Her Majesty's gracious
confirmation and allowance of ( inter alia ) the said recited ordinance it
was by the now reciting proclamation proclaimed that (inter alia ) the
said ordinance had been so confirmed and allowed as aforesaid And
whereas by the Tramways Ordinance Amendment Ordinance 1883 after
reciting that a doubt had arisen as to the powers conferred upon the
promoters for the purposes of the Tramways Ordinance 1883 under
section 4 of the said ordinance and that it was desirable to remove such
doubt it was enacted that ( section 2 ) the Tramways Ordinance 1883
was thereby amended by repealing section 4 and by inserting in lien
thereof the section following:
* ***
( Here follous sec
tion 4 as in the
ordinance. )
“ And it was also enacted that (section 3 ) that ordinance should com
mence and take effect on the first Jamary one thousand eight hundred
and eighty -four And whereas on the eighth October one thousand eight
hundred and eighty -four ( the construction of any one or more of the
said tramways not having been then substantially commencel) an appli
cation was made to the Governor in Council for an extension of the time
allowed by the said Tramways Ordinance 1883 for the substantial com
mencement of the construction of all the tramways authorized by the
ordinance in the words and figures following that is to say-
“ « T., 35 Queen's Road Hongkong 8th October 1884 Sir By
the Tramways Ordinance 1883 section 26 it is provided that if
within one year after the time at which the company might under
that ordinance have commenced the construction of any one or more
of the tramways the construction of any one or more of such tram
ways is not in the opinion of the Governor in Council substantially
commenced the powers thereby given to the company for construct
ing such tramways so not commenced or otherwise in relation
thereto shall cease to be exercised unless the time be prolonged by
the Governor in Council and section 145 enacted that the ordinance
was not to come into operation until Her Majesty's confirmation was
proclaimed by the Governor This confirmation was proclaimed on
the 3rd November 1883 consequently the first year of the concession
has nearly expired On the 29th July last a company was duly
formed and registered for the purpose of acquiring and taking over
with the assent and approval of the Governor in Council from the
four promoters named in the Ordinance the right to construct and
maintain all or any of the tramways numbered 1 2 3 4 and 5 in the
ordinance and all the privileges thereby conferred in so far as the
company might desire to exercise the same in respect of the said
tramways numbered 1 2 3 4 and 5 (but saving and excepting unto
the said four promoters the said privileges in so far as they might
desire to exercise the same in respect of the tramway numbered six
in the said ordinance ) without paying any valuable consideration
therefor and upon such terms and conditions as the said four pro
moters should think fit. The capital of the company was $ 500,000
divided into 10,000 shares of $50 each The company was duly
advertised and subscriptions for shares invited up to the end of the
month of September last The amount of subscriptions however did
not come up to the company's expectations and was not sufficient
to float the company successfully The causes of this are not far to
seek They arise no doubt from the present state of affairs between
France and China and the deplorable depression of trade which is
now existing In fact there could probably be no worse time than
the present for floating the undertaking Under these circumstances
TRAMWAYS. [ 6 of 1883.] 091
we are requested to apply on behalf of the company for the consent
of the Governor in Council to the extension for the period of 12
calendar months of the time allowed by the ordinance for the
substantial commencement of the construction of all the tramways
authorized by the ordinauce We have the honour to be Sir Your
obeclient servants - BRERETON WOTTON & Deacon The Honourable
FREDERICK STEWART LL.D., Acting Colonial Secretary ?"
“ And whereas to the said application a reply was received in the words
and figures following that is to say
* No. 1434 Colonial Secretary's Office Ilongkong 13th October
1884 Gentlemen I have the honour by direction of Ilis Excellency
the Officer Administering the Government to acknowledge the
receipt of your letter of the 8th instant applying on behalf of the
tramways company for permission to extend to 12 months the time
for commencing the construction of all the tramways anthorized by
Ordinance 6 of 1883 In reply I am to inform you that the Governor
in Council bas been pleased to grant your application I have the
honour to be Gentlemen Your most obedient servant - FREDERICK
STEWART Acting Colonial Secretary Messrs. BRERETON WOTTON
& DEACON
66
“ And whereas the purchasers lately applied to the promoters to grant to
them the right to construct and maintain the tramway numbered six in
the said Tramways Ordinance 1883 and thereby authorized to be made
and all the privileges thereby conferred in so far as the purchasers might
desire to exercise the same in respect of or regard to the said tramways
numbered six (but saving and excepting unto the promoters and the
survivors and survivor of them and their and his assignees or assignee
the privileges by the said Tramways Ordinance 1883 conferred in so far
as the promoters or the survivors or survivor of them or their or his
assignees or assignee might desire to exercise the same in respect of or
regard to the tramways numbered 1 2 3 4 and 5 in the said ordinance) at
or for the sum of two thousand dollars which the promoters ( subject to the
assent and approval of the Governor in Council being obtained) agreed
to do AND WHEREAS on the 26th January last an application on behalf
of the promoters and of the purchasers was made to the Governor in
Council in the words and figures following that is to say
" " T., 35 Queen's Road Hongkong 26th January 1885 Sir
We have the pleasure to inform His Excellency that the promoters
of the tramways authorized to be made by the Tramways Ordinance
1883 propose forth with to assign to the Ilonourable Phineas Ryrie
and Mr. ALEXANDER FINDLAY Sutii of this City the Peak train
way and all the privileges to it belonging to which assignment the
assent and approval of the Governor in Council is by the Tramways
Ordinance Amendment Ordinance 1883 required to be obtained
before the assignment can be effectuated On behalf of the promoters
we have the lionour now to apply (in the terms of ihe accompanying
draft Order in Council) for such assent and approval and beg to
state that it is framed on lines in all respects similar to those on
which the former draft Order in Council relating to the low level
tramways was framed and which draft order was approved of by
the Governor in Council As will no doubt be remembered on the
8th October 1884 we applied on behalf of the proposed tramway
company for the consent of the Governor in Council to the exten
sion of the time for substantially commencing the construction of
all the tramways wbich consent was granted That corsent having
been granted to the company Messrs. Ryrie and Smith now
692 TRAMWAYS .
[ 6 OF 1883.]
request is to apply on their behalf for the formal assent of the
Governor in Council to the extension for the period of 12 calendar
inonths of the time allowed by the Tramway Ordinance 1883 for the
substantial commencement of the construction of the tramway mum
bered six in the ordinance being the Peak line and we beg to apply
for such consent accordingly if it is granted the enclosed draft
Order in Council will require some small verbal amendment which
we should be happy to effect if so desired We bave the honour to
be Sir your obedient servants Wotton & DEACON The Ilonourable
W. H.Marsh C.M.G., Colonial Secretary.' ”
“ And whereas to the said application a reply was received in the words
and figures following that is to say :
" No. 141 Colonial Secretary's Office IIongkong 11th February
1885 Gentlemen In reply to your letter of the 26th ultimo I an
directed to inform you that the Governor in Council has been pleased
to assent and approve of the assignment by the promoters of the
tramways authorised by Ordinance 6 of 1883 10 Messrs. P. RYRIE
and A. FINDLAY SMIti of the privilege of constructing tramway
number six ( leak Line) The Governor in Council bas also been
pleased to approve of the extension for the period of 12 calendar
months of the time allowed by the Tramways Ordinance 1883 for
the substantial commencement of the construction of this tramwav
As requested I am to return herewith the draft Order in Comcil for
the necessary amendment as suggested by you I am to add that
the exteusion of time granted in the letter from this office No. 1431
of the 13th October last is so far as the construction of trainway
number six is concerned hereby revoked I have the lionour to be
Gentlemen your most obedievt servant - W . H. MARSH Colonial
Secretary Messrs. W'OTTON & DEACON:" "
“ And whereas the said assent and approval of the Governor in Council
to the grant hereby made has now been duly given by a formal Order in
Council Now This Indenture Witnesseth that in pursuance of the said
agreement and in consideration of the sum of two thousand dollars to
the promoters now paid in equal proportions by the purchasers ( the
receipt whereof the promoters do and each of them doth hereby acknow
ledge ) they the promoters do and each of them doth hereby grant to the
purchasers their executors administrators and assigns all that the right
to construct and maintain the said tramway vumbered six in the said
Tramways Ordinance 1883 and thereby authorised to be made and all
the privileges thereby conferred in so far as the purchasers or either of
them their or any or either of their executors administrators or assigus
may desire to exercise the same in respect of or regard to the said tram
way numbered six ( but saving and excepting into the promoters and
the survivors and survivor of them and their and his assignees or assignee
the privileges by the said Tramways Ordinance 1883 conferred in so far
as the promoters or the survivors or survivor of them or their or his
assignees or assignee may desire to exercise the same in respect of or
regard to the tramways numbered 1 2 3 4 and 5 in the said Tramways
Ordinance 1883 ) to have and to hold the said premises hereby granted
into the purchasers their executors administrators and assigns in equal
undivided moieties as tenants in common and not as joint tenants for all
the estate and interest of the promoters and each of them therein And
each of them the promoters doth hereby for himself his beirs executors
and administrators covenant with each of them the purchasers his exe
cutors administrators and assigns respectively that notwithstanding any
thing by them the said respective covenanting parties respectively done
TRAJIWAYS . ( 6 or 1883. ] 693
omitted or knowingly suffered they the promoters now have power to
grant all the said premises bereinbefore granted in manner aforesaid free
from incumbrances And that all the sail premises may be quietly entered
into and held and enjoyed by the purchasers and each of them their and
each and every of their executors administrators and assigns without
any interruption by the promoters or any person claiming through or in
trust for them or any or either of them And that they the promoters
and the survivors or survivor of them and every person lawfully claim
ing through or in trust for them or him will at all times at the cost of
the purchasers or one of them their or some or one of their executors
a :lministrators or assigns execute and do all such assurances and things
for further or better assuring all or any of the said premises into the
purchasers their executors alministrators and assigns as by them shall
be reasonably required In witness whereof the said parties hereto have
hereimto set their hands and seals the day and year fir- t above written
Received the day and year first above written of and from the above
nameil Phineas Ryrie and ALEXANDER FINDLAY Sutil the sum of
two thousand dollars being the consideration money above expressed to
be paid by them to us "
Now, it is ordered that the assent and approval of the Governor in
Council be given an :l sucli a - sent and approval is hereby given to the said
proposed grant.
Notification by the Governor in Council under section 25, made and
gazetted 2011 May, 1885 .
Whereas the Survevor General has certified that the tramway described
as tramway No. 6 in sectiou 5 of The Tramways Ordinance, 1883, is fit for
public traffic, it is hereby notified that the same is anthorised, and the same
is hereby authorised to be opened for such traffic.
Note.-- The tramway was closed to public trafic from the end of May to the
26th July, 1889, owing to repairs necessitated by storm damage.
Notification by the Governor in Council under section 25, made and
gazetted 26th July 1889 .
Whereas the Surveyor General has certified that the tramway described a
tramway No. 6 in section 5 of the Tramunys Ordinance, 1883, is fit for
public traffic, it is hereby notified that the same is authorised and the same
is hereby authorised to be opened for such traffic.
691 [ 6 of 1883. ] TRAMWAYS.
Regulations of the 10th day of December, 1889, unler section 12,
gazettel the 21st December, 1889.
Application . 1. These regulations sball apply to the high level tramway described as
tramway No. 6 in The Tramways Ordinance 1883 and the expression the
company shall mean the Hongkong High Level Tramways Company Limited .
Number of
passengers to be
2. No passenger carriage of the company now in use shall carry at one
carried on tram
cur .
time more than forty passengers, but in reckoning the number of passengers
two children under the age of 12 years not in arms shall count as one pas
senger and babies in arms and the servants of the company not exceeding
two in number actually employed on any such carriage shall not be included .
Luggage, only to
be carried on
3 The weight of any luggage goods or merchandize of any description
passenger car , whatever conveyed by any passenger carriage together with the weight of
under certain
conditions. the passengers in such carriage (who for this purpose shall be held to weighi
140lbs. each ) shall not exceed 2 tons. Nor shall any luggage goods or
inerchandize be conveyed in any truck or waggon attached to any passenger
carriage.
No stoppage
for passengers
4. Except at the terminus at St. John's Place and at Victoria Gap, no
except at
authorised
carriage shall stop at any place nor shall any place be used for the purpose
stations. of taking up or depositing passengers unless such place has been certified by
the Surveyor General as safe and suitable for the purpose, and any such place
when so certified shall be kept and maintained by the company in constant
good order and condition .
Watchmen to be
employed to
5. The company shall keep one or more competent watchmen employed
prevent obstruc
tions,
at all times when the carriages are running to prevent any stones dirt wood
refuse or other materials or any obstruction from being placed on the per
manent way and rails and to remove any such materials or obstructions
therefrom .
Time of inspecto
and testing 6. The carriages trucks and waggons of the company and the machinery
corrcarriages en therein now in use shallhereafter be inspected and tested by the Surveyor
ofmachinery & c. General or any officer or officers appointed for the purpose by the Governor
( add. Reg. 16th in Council in the month of January in every year and the engines ropes and
March, 1891.)
other machinery of the tramway shull be also inspected and tested as afore
said every year .
Notice of altera 7. The company shall give one month's notice in writing to the Surveyor
tions or changes . General of every intended change or alteration of or in any engineor carriage
used on the said tramway or any machinery therein or of or in the permanent
way and rails and the Surveyor General may if he think fit require the same
to be tested and may where the circumstances of the case permit allow any
such change or alteration to be made prior to the expiration of such notice
as aforesaid .
Velocity of 8. Vo carriage truck or waggon shall travel ut a greater speed than 8
carriages.
( Add. Reg. 26th miles an hour and the company shall as soon as practicable and not later
June, 1890.) than six months from the date of these regulations fix and maintain a proper
brake for the propose of regulating the speed thereof.
Penalty for 9. Every breach of any of these regulations shall be an offence against the
breach
tions of regula- said ordinance and shall render the company liable to a penalty not exceeding
$ 10 and for any continuing offence to a penalıy not exceeiling $ .5 for every
dar during which the offence continues ,
695
MEDICAL REGISTRATION . ( 6 of 1881.)
No. 6 OF 1887.
An Ordinance entitled The Medical Registration Ordi
nance , 1881.
[ 2nd April, 1884. ]
* * *
1. This ordinance shall commence and come into operation Commence
ment of
on the 5th day of April, 1881. ordinance .
2. This ordinance shall not operate to limit the right of Ordinance
Chinese practitioners to practice medicine or surgery or to notapplicable
receive demand or recover reasonable charges in respect of such practitioners.
practice.
3. The Colonial Secretary shall keep a register of medical Colonial
Secretary
and surgical practitioners qualified to practise medicine and keep to
register.
surgery in this Colony.
The register shall be, as nearly as may be, according to form
wl in the schedule to this ordinance.
4. A copy of the register shall be published by the Colonial Copy of
Secretary in the Gazette of the 3rd day of May, 1881 ; and registertobe
thereafter a copy of the register, as it stands at any such time, theGazette.
shall be published by the Colonial Secretary in the first Gazette
issued after every succeeding 3rd day of May.
Any copy of the Gazette containing the most recent copy of
the register shall be primâ facie evidence in all legal proceedings
that the persons therein specified are registered under this
ordinance ; and the absence of the name of any person from
such copy shall be primâ facie evidence that such person is not
registered under this ordinance.
5. The Colonial Secretary shall keep the register correct in Alterations
accordance with the provisions of this ordinance, and make may bemade
from time to time the necessary alterations in the addresses or gister.
qualifications of the persons registered under this ordinance,
and cancel in the register the names of all persons registered
under this ordinance who have died or ceased to be qualified.
The Colonial Secretary may write a letter to any registered
person addressed to him according to his address in the register
to inquire whether he has changed his residence, and if he does
not receive an answer to such letter withinsix months after the
sending thereof, he may cancel in the register the name of such
person .
690 6 of 1881. ] MEDICAL REGISTRATION .
Registeret
persons
6. Every person registered under this ordinance or entitled
entitlel to to the benefit of section 20 of this ordinance, shall be entitled
practise and
to demand to practise medicine and surgery in this Colony, and to demand
charges. and recover reasonable charges for medical or surgical aid rend
ered by such person, and the costs of medicines or surgical
appliances supplied by him .
Unregistered
persons
17. No person shall be entitled to recover in any action any
cannot
recover
charge for any practice of medicine or surgery after the 3rd day
charges. of May, 1884, by any person not either registered under this
ordinance or entitled to the benefit of section 20 of this ordi
nance .
Interpreta
tion of terms. 8. The worils " legally qualified medical practitioner,” or
“ duly qualified medical practitioner," or any words importing
a persou l'ecognised at law as a practitioner in medicine or
surgery, or as any kind of a member of the medical profession ,
where used in any ordinance, shall be construed to mean a
practitioner registered under this ordinance.
Certificate of
unregistered 9. No certificate signed after the 3rd day of May; 18811984 ,
person void . which certificate is , by any act or ordinance, required to be
signed by a physician, a surgeon, an apothecary, or any other
medical or surgical practitioner, shall be valid unless the person
signing it be registered under this ordinance.
The Medical
Board .
10. A board to be stylel the Medical Boaril shall be estab)
Jished under this or linance and shall consist of the Senior Mili
tary and Naval Medical Officers for the time being in the Colony,
and any two registered medical practitioners and any three
other fit persons willing to accept the appointment who may
be from time to time thereto appointed by the Governor. Mem
bers appointed by the Governor shall hold office for 3 years and
no longer unless re-appointed by the Governor and may be
removed by the Governor at pleasure. Three members of the
board shall form a quorum .
The board shall consider and report upon all matters laid
before it under sections 13 or lt of this ordinance as therein
provided .
Production of
certain
11. Any person claiming to be entitled under the Acts of the
papers United Kingdom 21 and 22 Victoria, chapter 90, and 31 and
necessary
before regis 32 Victoria, chapter 29 , to be registered in Hongkong under
tration , this ordinance, shall be so registered upon producing to the
('olonial Secretary, in proof of his title thereto, a declaration,
according to the form B in the schedule to this ordinance, made
by him before any Justice of the Peace,and impressed with a stamp
for duty, by way of registration fee, of $5 : provided that the
name of such person appears in “ The Medical Register" then
MEDICAL REGISTRATION . [ 6 or 1884.] 697
most recently published under the Act of the United Kingdom ,
21 and 22 Victoria, chapter 90 , or lie produces to tlie Colonial
Secretary a certified copy of the entry of his name in the general
register or in any branch register of the United Kingdom ,
signed by the Registrar of the General Medical Council or of
any Branch Council of the United Kinglom .
12. Any medical or surgical practitioner who pursuant to law , Persons
is registered as such and entitled accordingly to certain privileges Colonies in
registered
in practising medicine or surgery, according to his qualifications entitled to
in any one or more of the provinces of the Dominion of Canada, be registered
or in any other British Colony other than Hongkong, shall,
upon proof tbereof, be entitled to be registered accordingly
under this ordinance. Documentary evidence of his being thus
lawfully registered in such other Colony may be submitted to
the Colonial Secretary by any such practitioner who wishes to
be registered in Tiongkong. If the Colonial Secretary is
satisfied that such evidence establishes sufficient proof of the
registration in such other Colony and of the identity of the
applicant, he shall give to the practitioner a certificate to
that effect , according to the form C in the schedule to this
ordinance and, upon the applicant returning the same to him
duly impressed with a stamp of $ 5 for duty by way of regis
tration fee, shall register him accordingly under this ordinance.
If the Colonial Secretary is not satisfied , he shall submit the
case to the Governor in Council for decision as to whether
he sball or shall not give such certificate, and such decision
shall be final.
13. Any medical or surgical practitioner holding a diploma, Persons holl
a licence , or a certificate of any kind concerniug his professional ing diplomas
qualifications granted to him by any University or by any be registered .
College or Faculty of Physicians or Surgeons, after and in
consequence of bis having passed through a course of study and
examination as thorough and sufficient as is the mininum course
in any like case approved by Her Majesty's Most Honourable
Privy Council, under section 21 of the Act of the United
Kingdom , 21 and 22 Victoria, chapter 90, shall, upon proof
that such diploma, licence, or certificate was so granted, be
entitled to be registered accordingly under this ordinance.
Documentary or other evidence of his identity, and of the fact
that such diploma, licence, or certificate was so granted may,
together with his diploma, licence, or certificate, be submitted
to the medical board by any practitioner who wishes to be so
registered and such evidence shall, without delay, be taken fully
and fairly into consideration by the board . If the board :re
satisfied that the evidence establishes sufficient proof that
the practitioner has passed through a course of study and
093 6 OF 1884.] MEDICAL REGISTRATION .
esaninations as aforesaid, they shall give to such practitioner
a certificate to that effect , according to the form . D in the
schedule to this ordinance, and such certificate when impressed
with a stamp for duty by way of registration fee of $ 25 shall
be to the Colonial Secretary authority for registering the
practitioner accordingly. If the board are not satisfied , they
shall submit the case, with a full report of their opinions about
it, and of the grounds on which those opinions are based , to the
Governor in ('ouncil, for decision as to whether they shall or shall
not give the certificate as aforesaid ; such decision shall be final,
and, if in the applicant's favour, shall entitle him to have given
to him such a certificate as aforesaid .
Striking off 14. If any practitioner registered under this ordinance is
the register .
convicted of any felony or misdemeanour,or, after due inquiry,
is considered by the medical board to have been guilty of
infamous conduct in any professional respect, the medical board
may, if they think fit, inform the Colonial Secretary thereof
stating the particulars of the case in full, and the Colonial
Secretary may thereupon if he thinks fit , strike the name of
such practitioner off the register.
Appeal to 15. All questions respecting the right of any person to be
Governor in
Council. registered, or the mode of registration, or the liability of any 1
person to be struck off the register, and all questions respecting
any alteration of the register, shall, in case of dispute, be
decided, subject to an appeal to the Governor in Council. If
there is no such appeal, the order, direction , or decision shall be
final. If there is such an appeal, the decision of the Governor
in Council shall be final, and he may give all such directions
to the Colonial Secretary as may be necessary for enforcing
such decision .
Making a
false declara
16. Any person who wilfully makes before any Justice of
tion . the Peace any false declaration , purporting to be a declaration
under this ordinance, shall be guilty of perjury.
Fraudulent
registration.
17. If any person fraudulently procures or attempts to
procure himself or any other persou to be registered under this
ordinance by making or producing, or causing to be made or
producerl, any false or fraudulent representation or declaration,
either orally or in writing, he and every person aiding and
assisting himn therein shall be guilty of a misdemeanour, and
shall, on conviction thereof, be liable to be imprisoned , with or
without hard labour, for any term not exceeding two years.
Penalty on 18. Any person who after the 3rd day of May, 1884, wil
unregistered
persons. fully or falsely takes or uses in this Colony any name or title or
addition , implying a qualification to practise medicine or surgery ,
or who not being either registered under this ordinance or
MEDICAL REGISTRATION . [ 6 of 1851.] 699
entitled to the benefit of section 20 of this ordinance practises
for gain or professes to practise or publishes his name as practising
medicine or surgery or receives any payment as practising
medicine or surgery, shall be liable for each offence, on summa
ry conviction before a Police Magistrate, to a penalty not ex
ceeding one hundred dollars.
19. All civil medical officers and all medical officers of Her Civil, Army
Navy
Majesty's Army and Navy, respectively serving in Hongkong Medicaroni
on lull pay, shall be deemed to be registered under this ordinance. registered
cers,deemed
.
20. Any person actually practising medicine or surgery in Persons
the Colony at the date of the commencement of this ordinance practising
actually and
and objecting to be registered under its provisions who before objecting to
the 3rd day of May, 1884, satisfies the Colonial Secretary that be registered.
he was so practising shall be deemed to be a person entitled to
thebenefit of this section .
The Colonial Secretary shall publish aa list of the names of all
such persons in the Gazette of the 3rd day of May,1881, and a
1
copy of the said Gazette shall be primâ facie evidence in all
legal proceedings that the persons therein specified are persons
entitled to the benefit of this section and the absence of the
name of any person from such copy shall be primâ facie evidence
to the contrary .
Form A.
Persons qualified to practise medicine and surgery.
Nature of Date of
Name. Address.
qualification. qualification.
Form B.
I, 4.B., residing at
do hereby
declare, that I am a member ( or as the case may be) of (here state the college,
faculty , ur society) and was authorised by such (here state the college, faculty ,
or society which gave the authority ) on the day of
18 ?
to practise medicine and surgery, and that I am by the name of
A.B., July registered in the United Kingdom under the provisions of the
Act 21 and 22 Victoria , chapter 90, as qualified to practise medicine and
surgery .
Signed A. B.
Declared before me this day of 18 .
C.D., Justice of the Peace,
1
700 [ 6 of 1881. ] MEDICAL REGISTRATION .
1 17 or 1881.] SIIERIFF'S DUTIES.
Form C.
I , 41.B., Colonial Secretary, do hereby certify that C.D. bas satisfied me
that he is a medical practitioner, registered as such , and entitled to practise
medicine and surgery in (name of Colony ), and I give this certificate accord
ingly wider section 12 of the Medical Ordinance, 1884.
Date this dav of 18
A. B.,
Colonint Secretary .
Form D.
We, the medical board , lo hereby certify that A.B. has satisfied us that
he is a medical practitioner, holding a diploma (or as the case may be)
( granted to him by as the case may be) in consequence of his having passed
through a course of study and examinations as thorough and sufficient as is
the minimum course in such a case approved by Her Majesty's Most Honour
able Privy Council under section 21 of the Act of Parliament 21 and 22
Victoria , chapter 90 , and we give this certificate accordingly under section
13 of the Melical Ordinance, 1881.
Dated this vlay of 18
( To be signed by a majority of the Boarvil ).
3
No. 17 OF 1887.
An Ordinance to make provision for certain duties
formerly attaching to the Office of Sheriff,
[ 10th June, 1881.]
HEREAS on account of the abolition of the office of
W sheriff it is necessary to make provision for the
performance of certain duties in connexion with the execution
of criminal sentences formerly attaching to the said office. **
Superintendl. 1. All such duties, in relation to theexecution of any sentence
ent of the
gaol entrust . or judgment imposed or awarded by any court or judge
ed with the exercising criminal jurisdiction in this Colony, as attached to
duties of
sheriff, the oflice of sheriff at the time of the passing of Ordinance 22
of 1882 , and in respect of which no otlier provision has been
made at the time of the passing of this ordinance, shall from
and after the passing of this ordinance be attached to the office
of Superintendent of Victoria Gaol, and shall be discharged by 1
1
the person for the time being acting in that office or his lawful
deputy.
701
PIERS AND WILARVES ( Jonsson's ). [ 18 or 1881. ]
No. 18 OF 1887 .
An Ordinance to authorise FRANCIS BULKELEY JOHN
son to construct piers and wharves in the harbour of
Victoria, and to confer upon the said FRANCIS BUL
KELEY Johnson certain other powers and privileges.
[ 12th June, 1881.]
W HEREAS
! Hongkong,FRANCIS BULKELEY Jonssox, of Victoria, Prcamble.
merchant, is desirous of constructing, witli
the consent of the Crown, piers and wharves in the harbour of
Victoria , for purposes in relation to the loading, discharging ,
and storing of cargo ; and whereas the said Francis BULKELEY
Johnson has applied to the Government of the Colony, to
confer upon him the necessary powers for carrying out the
construction of such piers and wharves, by means of a public
ordinance, and it is expedient that suuh an ordinance should be
granted to the said Francis BULKELEY Joussos, under and
subject to the conditions, restrictions and provisions hereinafter
contained : *
1. It shall be lawful for the said Francis BULKELEY Jonsson Power to
liis executors, administrators or assigns, to construct and wharves
constructand
maintain for his and their exclusive use, wharves between high piers.
and low -water mark , and piers extending into the harbour of
Victoria at and from any part or parts of that portion of the
public Praya which lies directly opposite to the pieces or parcels
of ground registered in the Law Office of the Colony, ils
Marine Lots 95, 96, 97 and 98 respectively, which wharves
and piers and the works in connection therewith authorised by
this ordinance are hereinafter referred to as the undertaking.
2. The said wharves and piers shall be constructel in Plans and
accordance with plans and specifications to be approved by the specifications,
Governor in Council and shall be so constructed as to secure
that the free passage of vessels along the harbour is not unduly
interfered with .
3. The said FRANCIS BULKELEY JOHNSON his executors, Alterations
and additions.
administrators or assigns may , from time to time, make any
alterations in , or additions to, the said wharves and piers,
provided the same be in accordance with plans and specifications
to be approved by the Governor in Council.
4. It shall be lawful for the said Francis BÜLKELEY Jonsson Power to
liis executors, administrators or assigns, from time to time to tramwa
landownys.
lay down, maintain, and renew sunken and overhead tramways,
702 [ 18 OF 1884. ] PIERS AND WHARVES ( Johnson's ).
or either of such tramways from the piers and wharves, across
the Public Praya connecting the wharves and piers with the
premises of the said Francis BULKELEY JOHNSON his executors,
administrators or assigns, situated on the Marine Lots aforesaid
or adjoining the same . Provided that all such tramways shall
be laid in accordance with a specification to be approved by the
Governor in Council, and that the laying and maintaining
thereof and the necessary works in connection therewith shall
be conducted in such manner, and subject to such conditions
as the Surveyor General for the time being may require.
Lights. 5. The said Francis BULKELEY Joixson his executors ,
administrators or assigns shall cause to be affixed on the said
wharves and piers, and to be exhibited from sunset to sunrise,
such lights as the Harbour Master may from time to time
direct .
Prevention 6. The said FRANCIS BULKELEY Jonsson his executors,
&c
of silting, &c. administrators or assigns shall take such measures as the Gov
ernor in Council may require to prevent silting or the accumu
lation of mud , sand , or other matter around the wharves and
piers, and shall conform to such regulations as the Governor
in Council may deem it expedient to make from time to time
for the purpose of preventing obstruction to the traffic of the
Praya.
Proceeding 7. In the event of the said FRANCIS BULKELEY Johnson his
on non -pre
vention of
silting, & c .
executors, administrators or assigns making default in com
plying with the provisions in the last preceding section relating
to the prevention of silting, or accumulation of mud, sand, or
other matter around the wharves or piers, the Governor in
Council, if satisfied after due enquiry made that the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns,
has or have been guilty of the alleged default, shall make an
order to be served on the said Francis BULKELEY JOHNSON his
executors, administrators or assigns, limiting a time for the
performance of his or their duty in that behalf, and if such duty
is not perforined by the time limited by the order, the Governor
in Council shall appoint some person or persons to perform the
same, and shall by order direct that the expenses of performing
the same, together with aa reasonable remuneration to the person
or persons appointed for superintending such performance, and
amounting to a sum to be specified in theorder, together with
the costs of proceedings ( if any) shall be paid by the said
Francis BULKELEY Johnson his exccutors, administrators or
assigos, and any order made for the payment of such expenses
and costs may be removed into the Supreme Court, and may
be enforced in the same manner as if the same rere an order
of such Court.
PIERS AND WHARVES ( JOnsson's ). [ 18 of 1884.] 703
8. All vessels belonging to, or engaged in the service of Her Priority of
Majesty's Government shall have priority of use of the wharves use toQueen's
ships
and piers at the ordinary current rates for mercantile vessels,
without prejudice to the rights of other vessels actually using
the wharves or piers, and all other vessels shall bave the right
of using the wharves and piers at the current rates in order of
priority of application subject nevertheless to any rules and
regulations which may be made under the provisions of section
9 of this orclinance.
9. It shall be lawful for the said Francis BULKELEY JOHNSON Powers to
make rules
his executors, administrators or assigns, from time to time to and regula
make such rules and regulations as may be necessary for the tions.
use and duc maintenance of the wharves and piers and tram
ways in connection therewith . Provided always that no such
rules and regulations, nor any repeal or variation thereof, shall
come into force until the same shall have been approved by the
Governor in Council, and shall have been published in the
Gazette .
10. Every person who shall commit a breach of any of the penaltyoffor
rules and regulations made in pursuance of this ordinance, shall, breach
bulesand
on summary conviction thereof before a Magistrate, be liable to regulations.
a fine not exceeding fifty dollars.
11. In all proceedings before any Court, the rules and regu. Proof of rules
lations in force for the time being under this ordinance, shall andregula
tions.
be sufficiently proved by the production of a copy of the Gazette
in which the same shall be published and contained.
12. If the said Francis BULKELEY JOHNSON his executors, Governor in
administrators or assigns shall fail to make or vary such rules make
Councilrules
may
and regulations, as in the opinion of the Governor in Council and regula
are requisite for the protection of the rights of the inhabitants certain
tionsin event.
of the Colony, and for the prevention of injury to navigation ,
the Governor in Council shall make an order to be served
upon the said FRANCIS BULKELEY JOHNSON his exccutors,, admin
istrators or assigns, limiting a time for the making or varying
of such rules and regulations, and if such rules and regulations
are not made or varied by the time prescribed in such order,
the Governor in Council may make or vary such rules and
regulations, which when made,or varied, and published in the
Gazette, shall have the same force and effect as if they were
specially enacted herein .
13. The said FRANCIS BULKELEY JOHNson his executors, Rules and
administrators or assigns shall, froin time to time, cause to be regulations
be painted to
painted on boards, or to be printed and attached in large and and exhib
legible characters in English and Chinese, a statement of the ited..
rules and regulations in force and a list of the several rates for
1
1
1
704 [ 18 OF 1881. ] PIERS AND WHARVES ( Johnson's ).
the time being payable and shall cause such boards containing
such statement and list to be fixed on some conspicuous part
of the wharves or piers and no rate shall be payable during such
time as such list is not so affixed nor shall any rate not specified
in such list be payable. Provided that if any such statement
or list be destroyed, injured or obliterated the rates shall con
tinue payable during such time as may be reasonably required
.
for the restoration or reparation of sneh list in the same manner
as if such statement and list had continued affixed and in the
state required by this ordinance.
Power to
Governor in
14. If at any time before the completion of the works, the
Council to said FRANCIS BULKELEY JOISSon his executors, administrators
abate and
remove works or assigns shall fail to proceed therewith for a period of six
in certain months, or after the completion thereof shall disuse the same, or 1
events .
any part thereoffor six months, without affording to the Governor
in Council some satisfactory reason for the discontinuance or
disuse of the said works, ( as the case may be ), it shall be lair
ful for the Governor in Council to abate and remove the same,
and restore the site thereof to its former condition at the cost of 1
the said FRANCIS BULKELEY Joussox his executors, adminis
trators or assigns, and the amount of such cost shall be a debt
due to the Government, and recoverable against the said FRANCIS
BULKELEY JOHNson his executors, administrators or assigns
accordingly.
Power to soll. 15. Subject to the approval of the Governor in Council being
first obtained ( but not otherwise ), the said FRANCIS BULKELEY
Jonsson his executors, adıninistrators or assigns, may at any
time, and from time to time sell, assign or absolutely dispose of
1
the undertaking or any part or parts thereof, to such person,
corporation, or company, by public auction, or private contract 1
or partly by public auction and partly by private contract, and
withı, under and subject to such terms and conditions in all
respects as the said Francis BULKELEY JOHXsOn his executors,,
administrators or assigns shall think fit, with power at any such
sale to fix a reserve price for, or buy in the same, and when
any such sale, assignment, or absolute disposal has been made,
all the rights, powers, authorities obligations and liabilities of
the said FRANCIS BULKELEY Johnson his executors, adminis
trators or assigns in respect to the undertaking or part or parts
thereof sold, assigned or absolutely disposed of, shall be trans
ferred to, vested in, and may be exercised by, and shall attach
to the person or persons, corporation, or company to whom the
same has been sold , assignedor absolutely disposed of, in like
manner as if the undertaking or part or parts thereof, sell,
assigned or absolutely disposed of, was or were constructed by
such person or persons, corporation, or company wir under thic
or 1881. ]]
HIERS AND WIIARVES ( Jonnson's ). [ 18 of 705
powers conferred upou him or them by this ordinance , and in
reference to the same he or they shall be deemed to be the said
Francis BULKELEY Jounson his executors , administrators or
assigns.
16. Subject to the approval of the Governor in Council being demise
Power .to
first obtained ( but not otherwise ), the said FRANCIS BULKELEY
Joussox his executors, administrators or assigns may , at any
time and from time to time demise their undertakings or any
part or parts thereof, to such person , corporation , or company',
for such term or terms of years, or from year to year, or for
any less period, and for such rent or rents, and upon such terins
and conditions in all respects, as the said FRANCIS BULKELEY
Johxson his executors, administrators or assigns shall think
fit to a lopt, to take effect either in possession or reversion, and
either with or without a premium , or premiums, as a considera
tion or considerations for such deinise or demises.
17. It shall be lawful for the said Francis BuLKELEY Joun- Power to
son his executors, administrators or assigns, from time to time, mortgage.
and at any time to borrow money on mortgage of all or any
part of his undertaking, and for that purpose to assign or demise
by way of mortgage, all or any portiou of the said wharves and
piers to any person or persons, corporation, or company, and to
enter into all such covenants, provisoes, declarations and agree
ments as the said FRANCIS BUIKELEY Jouxson his executors,
administrators or assigns shall think fit and proper.
18. The rights, powers, and privileges granted by this ordi- ordinance
Duration .of
wance to the said Francis BULKELEY Johnson, his executors,
administrators and assigns, shall continue in force for twenty
years to be computed from the date of the proclamation thereof.
Provided always that the Governor in Council may , from time
to time, so often as the Governor in Council shall think it
expedient, by order, to be published in the Gazette, declare that
the duration of such rigbts, powers, and privileges shall be
extended for any further term or terms not exceeding ten years
at a time,and thereupon such rights, powers, and privileges
shall continue in force for such extended period.
19. Upon tl :e cessation of the rights, powers, and privileges ('essation of
granted by this ordinance, it shall be at the option of the powers.
Governor in Council to purchase the wharves and piers and
works by this ordinance authorised from the said FRANCIS
BULKELEY JOHNSON, his executors, administrators, or assigns
for a price which shall be exclusive of any allowance for past or
future profits of the undertaking, or any compensation for
compulsory sale, to be determined in case of difference by two
arbitrators to be nominated one by the Governor in Council,
706 [ 18 OF 1884. ) PIERS AND WHARVES ( Johnson's ).
and the other by the said Francis BULKELEY Johnson, his
executors, administrators, or assigns ; and in case the said
arbitrators cannot agree, by an umpire to be agreed upon
between them . If the Governor in Council does notexercise the
option to buy within one month of such cessation as aforesaid ,
the said FRANCIS BULKELEY JOHNson, his executors, adminis
trators, and assigns shall, at their own expense , remove the
said wharves and piers and works, and restore the site thereof
to its former condition, and in the event of their failure to do so
within one year of the date of such cessation , it shall be lawful
for the Governor in Council to abate and remove the same, and
restore the site thereof to its foriner condition at the cost of the
said Francis BULKELEY JOHNSON, liis executors, alministrators,
or assigns , and the amount of such cost shall be a debt due to
the Government, and recoverable against the said FRANCIS
BULKELEY Jousson, bis executors , administrators, or assigns
accordingly.
Saving of
rights. 20. Nothing in this ordinance, otherwise than as specially
enacted herein , shall be construed to interfere in any way with
any existing rights in the land on which the said wharves or
piers are to be constructed, or the lands or foreshore adjoining
the same, and the powers and privileges given by this ordinance
are so given , saving and reserving always the rights of Her
Majesty, and of all bodies politic and corporate , and of all other
persons and those claiming by, from , and under them except as
herein otherwise provided .
Commence
ment of 21. This ordinance shall come into force on a day to be
ordinance. proclaimed by the Governor.
[ Note . - Confirmation proclaimed 23rd September, 1884, but no day for the
coming into operation of the ordinance was proclaimed : This
defect has however been cured by Ordinance No. 9 of 1891. ]
Rules and regulations made by Mes878. Jardine, Matheson & Co. , the Assignees
of Francis Bulkeley Johnson , Esquire, pursuant to sections 9 and 10, and
approved by the Governor in Council the 24th September, 1885 .
[Gazette 26th of the same month .]
JARDINE , MATHESON & Co.'s PIER .
1. Vessels will be allotted berths at the pier in the order in which applica
tion therefor may have been made at the office of the General Agents.
2. The proprietors undertake no responsibility for any damage that may
be sustained by a vessel while coming alongside the pier or leaving it ; but
they will provide every assistance in their power to the master, and have men
in attendance to run out and let go lines, shove off, & c ., and a boat will always
be available for running lines to the buors.
PIERS AND WHARVES ( JOHNSON's ). [ 18 OF 1884. 707
PIERS AND WHARVES (CHATER's). [ 19 or 1884. ]
3. Every ressel that shall come into collision with the pier, or otherwise
injure it, whether in consequence of the incompetence or carelessness of the
pilot, master, or officers, or from any other cause, shall be responsible for the
repair of the damage.
4. Masters or commanding officers shall rig in the jib and spanker booms
of their vessels, while alongside the pier, on being required to do so by the
wharfinger.
5. No sails may be left loose at night on board any vessel, while she is
alongside the pier, and , if any should be loose during daylight, the master or
commanding officer shall store them on being required to do so by the
wharfinger.
6. The master or commanding officer of any vessel alongsiile the pier,shall
shift his berth immediately on being required to do so by the wharfinger.
7. The discharge of every vessel shall commence immediately on her
arrival at the pier, and be continued, with all possible despatch, daily from
sunrise to sunset, until it shall bave been completed. Any delay that may
arise in proceeding with the discharge, from want of ballast, labour, or from
any other cause, for which the master, owners, or agents may be responsible,
shall subject the vessel to an additional charge, over and above the tariff rate
for wharfage, of dollars twenty - five ( $25 . ) for the first day, and dollars twenty
five ($25. ) per day for each subsequent day she may be detained .
8. On the completion of the discharge of cargo, the master or commmanding
officer of every vessel must remove her from the pier immediately. If there
should be any delay, an additional rate will be levied, over and above the
tariff rate, of dollars twenty - five ( $ 25 .) for the first day, and dollars twenty
five (325.) per day for each subsequent day she may be permitted to remain .
9. No ashes, dirt or other refuse shall be thrown overboard from any
vessel while she may be alongside the pier.
10. No persons not in the employment of the proprietors, nor belonging
to vessels alongside the pier, shall be allowed to walk or be on the pier,
without the licence of the wharfinger.
11. No waggons, carriages, carts, trucks or other conveyances shall be
taken on to the pier without the licence of the wharfinger.
12. No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the crews
and workmen employed on board their respective vessels and for any
infringement by them of the foregoing rules and regulations.
14. Every person who shall commit a breach of any of the foregoing rules
and regulations shall, on summary conviction before a Magistrate, be liable
to a fine of not exceeding dollars fifty ( $ 50 .)
No. 19 OF 1881.
An Ordinance to authorise CATCHICK PAUL CHATER,
to construct piers and wharves in the harbour of Vic
toria, and to confer upon the said CATCHICK PAUL
CHATER certain other powers and privileges.
[12th June, 1884. ]
kong, is desirous of constructing, with the consent of
the Crown, piers, and wharves, in the harbour of Victoria, and
Pramille.
708 [ 19 of 1881. ] PIERS AND WHARVES ( CHATER's ).
certain tramways in connexion therewith, for the purpose of
removing and storing, loading, and discharging cargo ; and
whereas the said CATCHICK PAUL CHATER has applied to the
Government of the Colony, to confer upon him the necessary
powers for carrying out the construction of such piers, wharves,
and tramways by means of a public ordinance, and it is expedient
that such an ordinance should be granted to the said CATCHICK
Paul CHATER, under and subject to the conditions, restrictions
and provisions hereinafter contained :
Power to 1. It shall be lawful for the said CATCHICK PAUL CHATER
construct
whnives and his executors, administrators or assigns, to construct and main
piers. tain , for his and their exclusive use, wharves between high and
low -water mark , and piers extending into the harbour of Vic
toria, at and from any part or parts of that portion of land
which lies directly opposite to the pieces or parcels of ground
registered in the Land Office of the Colony as Kaulung Marine
Lots Nos. 9 , 11 , 20 and 21 respectively , which wharves and
piers and the works in connection therewith authorised by this
ordinance are hereinafter referred to as the undertaking.
Plans and 2. The said wharves and piers shall be constructed in accor
specifications.. dance with plans and specifications to be deposited in the office
of the Surveyor General and approved of by the Governor in
Council , and shall be so constructed as to secure that the free
passage of vessels along the harbour is not unduly interfered
with .
Alterations 3. The said CATCHICK Paul CHATER his executors, admi
and additions,
nistrators or assigns may, from time to time, make any altera
tions in , or additions to the said wharves and piers, provided
the same be in accordance with plans and specifications to be 1
approved by the Governor in Council. 1
Power to 4. It shall be lawful for the said CATHICK PAUL CHATER his
lay down
tramways . executors, administrators or assigns, subject to the plans and
specifications being approved by the Governor in Council , from
time to time to lay down , maintain and renew , sunken and over
head tramways, or either of such tramways , from the piers and
wharves across the Praya connecting the piers and wharves
with the premises of the said CatchiCK Paul Chater his exe
cutors, administrators or assigns, situated on the Kaulung Lots
aforesaid or adjoining the same ; and also aa double line of sunken
tramways, 650 yards in length, commencing at a point opposite
the north west corner of the aforesaid Kaulung Marine Lot
No. 21 , thence passing along the centre of the Praya to a point
opposite the south west corner of the aforesaid Kaulung Marine
Lot No. 9. The said tramways to be provided with all proper
stations, crossings, bridges, passing places, sidings, junctions,
PIERS AND WHARVES ( CHIATER'S ). [ 19 or 1881.] 709
rails and conveniences connected therewith , or for the purposes
thereof, and the said Catchick Paul CHATER his executors,
administrators or assigns may work and use the same. Pro
vided always that before the commencement of the construction
of the said sunken and overhead tramways or either of such
tramways, the said CATCHICK Paul Chater his executors, ad
ministrators or assigns shall deposit in the office of the said
Surveyor General plans and specifications shewing in detail the
mode of construction of the said sunken and overhead tramways,
which said plans and specifications shall be approved of by the
Governor in Council.
5. The sunken tramways referred to in this ordinance shall Gauge of
be constructed on a gauge not exceeding 2 feet in width, and tramways.
with two steel grooved rails, which said rails shall before being
laid down be approved of by the Surveyor General, and shall
be laid and maintained in such manner, that the uppermost
surface thereof shall be on a level with the surface of the road .
Provided that the Governor in Council may from time to time
require the said CATCHICK PAUL CHATER his executors, adminis
trators or assigns to adopt and apply such improvements in the
said sunken or overhead tramways including their rails , sleepers,
bridges and substructure as experience may suggest, having
regard to the greater security of the public and advantage to
the ordinary traffic, and the said Catchick Paul Chater his
executors , administrators or assigns shall with all reasonable
despatch, comply with any order made by the Governor in
Council for the purpose of carrying out any such improvements.
6. The said CATCHICK PAUL CHIATER his executors, adminis . Power to
roads, up
trators or assigns may from time to time for the purpose of break
making, forming, laying down , maintaining, renewing, altering,
adding to or removing any tramway under this ordinance, or
any part or parts thereof respectively, open and break up any
road subject to the following regulations :
1. They shall give to the Surveyor General notice of their
intention , specifying the time at which they will begin
to do so, and the portion ofroad proposed to be opened
or broken up , such notice to be given seven days at
least before the commencement of the work .
2. They shall not open or break up or alter the level of
any road except with the authority, under the super
intendence, and to the satisfaction of the Surveyor
General .
7. When the said Catchick Paul CIATER his executors, Completion
administrators or assigns shall have opened or broken up any reinstatement
portion of any road, they shall be under the following further of roal.
obligations, namely:
1710 [ 19 of 1881.] PIERS AND WHARVES ( CHATER's).
1. They shall with all convenient speed , complete the work
on account of which they opened or broke up the
same, and ( subject to the formation, maintaining,
renewal, or alteration of, addition to or removal of the
tramway) fill in the ground and make good the
surface, and to the satisfaction of the Surveyor General,
restore the road to as good condition as that in which
it was before it was opened or broken up .
2. They shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched
and to be properly lighted at night.
If the said CATCHICK Paul CIATER his executors, adminis
trators or assigns fail to comply with this section, they shall, for
every offence (without prejudice to the enforcement of the
specific performance of the requirements of this ordinance, or to
any other remedy against them ) be liable to a penalty not
exceeding one hundred dollars, and to a further penalty not
exceeding 25 dollars for each day during which any such failure
continues after the first day on which such penalty is incurred .
Penalty for
not maintain .
8. The said CATCIIICK PAUL CHIATER his executors, adminis
ing rails at trators and assigns shall maintain in good condition and repair,
their proper and at their proper level so as not to be a danger or annoyance
level and in
good condi- to the ordinany traffic, the rails of which any of the tramways
tion .
for the time being consist, and the substructure upon which the
same rest ; and if the Surveyor General, shall from time to time,
or at any time hereafter, alter the level of any road along or
across which any of the said train ways shall be laid, then and
in such event, and so often as the same shall happen, the said
CatchCK Paul Chater his executors, administrators or assigns,
shall at his or their own expense, alter the rails so that the
uppermost surface thereof shall be on a level with the surface
of the road as altered , and, if the said CATCHICK Paul CHATER
his executors, administrators or assigns make default in com
plying with this section , they shall, for every offence, be subject
on conviction to a penalty not exceeding twenty-five dollars,
and, in case of continuing offence, to a further penalty not
exceeding ten dollars for every day after the first on which
such default continues.
lights. 9. The said CATCIIICK Paul Chater his executors, admin
istrators or assigns shall cause to be affixed on the said wharves
and piers, and to be exhibited from sunset to sunrise, such
lights as the Harbour Master may from time to time direct.
Prevention 10. The said CATCHICK PAUL CHATER his executors, admin
of silting., & istrators or assigns shall take such measures as the Governor
in Council may require to prevent silting or the accumulation
PIERS AND WIIARVES ( CHATER's ). [ 19 of 1884.] ةi1
of mud, sand , or other matter around the wharves and piers ,
and shall conform to such regulations as the Governor in
Council may deem it expedient to make from time to time for
the purpose of preventing obstruction to the traffic cf the
Praya.
11. In the event of the said CATCHICK PAUL CHATER lis Proceelings
executors, administrators or assigns making default in comply- vention -pre
for
ing with the provisions in the last preceding section relating to silting, &c.
the prevention of silting, or the accumulation of mud , sand, or
other matter around the wharves or piers, the Governor in
Council, if satisfied after due enquiry made that the said
Catchick Paul CHATER his executors, administrators or assigns,
has or have been guilty of the alleged default, shall make an
order to be served on the said CATCHICK PAUL CHATER his
executors, administrators or assigns, limiting a time for the
performance of his or their duty in that behalf,and if such duty
is not performed by the time limited by the order , the Governor
in Council shall appoint some person or persons to perform the
same , and shall by order direct, that the expenses of perforining
the same, together with a reasonable remuneration to the person
or persons appointed for superintending such performance, and
amounting to a sum to be specified in the order, together with
the costs of proceedings ( if any ), shall be paid by the said
CATCHICK PAUL CHater his executors, administrators orassigns,
and any order made for the payment of such expenses and
costs may be removed into the Supreme Court, and may be
enforced in the same manner as if the same were an order of
such Court.
12. All vessels belonging to, or engaged in the service of Priority of
Her Majesty's Government shall have priority of use of the ships, use toQueen's
wharves and piers at the ordinary current rates for mercantile
vessels, without prejudice to the rights of other vessels actually
using the wharves or piers and all other vessels shall have the
right of using the wharves and piers at the current rates in
order of priority of application subject nevertheless to any rules
and regulations which may be made under the provisions of
section 13 of this ordinance.
13. It shall be lawful for the said CATCHLICK PAUL CHATER Powers to
make rules
his executors, administrators or assigns, from time to time to and regula
make such rules and regulations, as may be necessary for the tions.
use and due maintenance of the wharves and piers and tram
ways in connection therewith . Provided always that no such
rules and regulations , nor any repeal or variation thereof, shall
come into force until the same shall have been approved by
the Governor in Council, and shall have been published in tlie
Gazette .
712 [ 19 of 1884. ] PIERS AND WHARVES (CHATER'S ).
Penalty for
breach of
14. Every person who shall commit a breach of any of the
rules and rules and regulations made in pursuance of this ordinance, shall,
regulations. on summary conviction thereof before a Magistrate, be liable
to a fine not exceeding fifty dollars.
Proof of rules
and reguli
15. In all proceedings before any Court , the rules and regu
tions. lations in force for the time being under this ordinance, shall be
sufficiently proved by the production of a copy of the Gazette
in which the same shall be published and contained.
Governor in 16. If the said CATCHICK PAUL Chater his executors, admin
Councilmay istrators or assigns shall fail to makeor vary such rules and
make rules
tionsregula-
and in cer
regulations, as in the opinion of the Governor in Council are
tain event. requisite for the protection of the rights of the inhabitants of
the Colony, and for the prevention of injury to navigation, the
Governor in Council shall make an order to be served upon
the said CatchICK Paul CHATER his executors, administrators
or assigns, limiting a time for the making or varying of such
rules and regulations, and if such rules and regulations are not
made or varied by the time prescribed in such order, the Gov
ernor in Councilmay make or vary such rules and regulations,
which when made or varied, and published in the Gazette, shall
>
have the same force and effect as if they were specially enacted
herein .
Rules and 17. The said CATCHICK PAUL CHATER his executors , admin
to be printed istrators or assigns shall, from time to time, cause to be painted
and exhibit.
ed . on boards, or to be printed and attached in large and legible
characters in English and Chinese, a statement of the rules and
regulations in force, and a list of the several rates for the time
being payable and shall cause such boards containing such
statement and list to be fixed on some conspicuous part of the
wharves or piers and no rate shall be payable during such time
as such list is not so atlixed , nor shall any rate not specified in
such list be payable. Provided that, if any such statement or
list be destroyed, injured or obliterated, the rates shall continue
payable during such time as may be reasonably required for
the restoration or reparation of such list in the same manner
as if such statement and list had continued affixed and in the
state required by this ordinance.
l'ower to
Governor in
18. If at any time before the completion of the works, the
Council to said CatchCK PAUL CHATER his executors, administrators or
abate and
l'emove works
assigns shall fail to proceed therewith for a period of six months,
in certain
events .
or after the completion thereof shall disuse the same or any
part thereof for six months, without affording to the Governor
in Council some satisfactory reason for the discontinuance or
disuse of the said works, ( as the case may be ) , it shall be lawful
for the Governor in Council to abate and remove the same, and
restore the site thereof to its former condition at the costs of
PIERS AND WIARVES ( CHATER'S ). [ 19 of 1884. ] 713
the said CATCHICK Paul Chater his executors, administrators
or assigns, and the amount of such costs shall be a debt due to
the Government, and recoverable against the said CATCHICK
Paul Chater his exccutors, administrators or assigns accord
ingly.
19. Subject to the approval of the Governor in Council being Power to sell.
first obtained ( but not otherwise ), the said CATCHICK PAUL
CHATER his executors , administrators or assigns, may at any
time, and from time to time sell , assign or absolutely dispose of
>
the undertaking, or any part or parts thereof to such person ,
corporation , or company, by public auction, or private contract,
or partly by public auction and partly by private contract, and
with, under and subject to such terins and conditions in all
respects as the said Catchuck Paul CHATER his executors,
administrators or assigns shall think fit, with power at any such
sale to fix a reserve price for, or buy in the same, and when
any such sale, assignment, or absolute disposal has been made,
all the rights, powers, authorities, obligations and liabilities of
the said CATCHICK PAUL CHATER his executors, administrators
or assigns in respect to the undertaking or part or parts thereof
sold , assigned or absolutely disposed of, shall be transferred to,
vested in , and may be exercised by, and shall attach to the
person or persons , corporation, or company to whom the same
has been sold, assigned or absolutely disposed of, in like manner
as if the undertaking, or part or parts thereof sold , assigned or
absolutely disposed of, was or were constructed by such person
or persons, corporation or company under the powers conferred
upon him or them by this ordinance, and in reference to the
same he or they shall be deemed to be the said CATCHICK Paul
CHATER his executors, administrators or assigns .
20. Subject to the approval of the Governor in Council being Power to
first obtained (but not otherwise ), the said CatchICK Paul demise.
Chater his executors, administrators or assigns may, at any
>
time, and from time to time demise their undertakings or any
part or parts thereof, to such person, corporation or company ,
for such term or terms of years, or from year to year, or for any
less period , and for such rent or rents, and upon such terms and
conditions in all respects, as the said CATCHICK Paul CHATER
his executors, administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion , and either with
or without a premium or premiums, as a consideration or
considerations for such demise or demises .
21. It shall be lawful for the said CATCHICK PAUL CHATER Power to
his executors, administrators or assigns, from time to time and mortgage.
at any time to borrow money on mortgage of all or any part
of his undertaking, and for that purpose to assign or demise by
Tit ( 19 OF 1884. ] PIERS AND WILARVES (CHAIER's ).
way of mortgage, all or any portion of the said wharves and
piers, to any person or persons, corporation or company , and to
enter into all such covenants, provisoes, declarations and agree
ments as the said Catchick Paul CHATER his executors ,
administrators or assigns shall think fit and proper.
Duration of
ordinance. 22. The rights, powers, and privileges granted by this ordi
nance to the said CATCHICK PAUL CHATER, his executors,
administrators, and assigps , shall continue in force for twenty
years to be computed from the date of the proclamation thereof.
Provided always that the Governor in Council may, from time
to time, so often as the Governor in Council shall think it
expedient, by order, to be published in the Gazette, declare that
the duration of such rights, powers, and privileges shall be
extended for any further term or terms not exceeding ten years
at a time, and thereupon such rights, powers, and privileges
shall continue in force for such extended period.
Cessation of 23. Upon the cessation of the rights, powers, and privileges
powers.
granted by this ordinance, it shall be at the option of the Gov
ernor in Council to purchase the wharves and piers and works
by this ordinance authorised from the said Catchick Paul
CHATER, his executors, administrators, or assigns for a price
which shall be exclusive of any allowance for past or future
profits of the undertaking, or any compensation for compulsory
sale, to be determined in case of difference by two arbitrators
to be nominated one by the Governor iu Council , and the other
by the said CATCHICK Paul CHATER, bis executors, adminis
trators, or assigns; and in case the said arbitrators cannot agree,
by an umpire to be agreed upon between them . If the Governor
in Council does not exercise the option to buy within one month
of such cessation as aforesaid , the said CatchCK Paul CHATER,
his executors, administrators, and assigns shall, at their own
expense , remove the said wharves and piers and works, and
restore the site thereof to its former condition , and in the event
of their failure to do so within one year of the date of such
cessation , it shall be lawful for the Governor in Council to abate
and remove the same, and restore the site thereof to its former
condition at the cost of the said CatchiCK Paul CHATER, his
executors, administrators, or assigns, and the amount of such
cost shall be a debt due to the Government, and recoverable
against the said Catchick Paul Crater, his executors, admi
nistrators, or assigns accordingly.
Saving of 24. Nothing in this ordinance, otherwise than as specially
rights.
enacted herein , shall be construed, to interfere in any way with
any existing rights in the land on which the said wharves, piers
or tramways are to be constructed , or the lands or foreshore
adjoining the same, and the power and privileges given by this
PIERS AND WHARVES (CILATER'S ). [ 19 or 1881.] 713
UNCLAIMED BALANCES . [ 7 OF 1885. ]
ordinance are so given, saving and reserving always the rights
of Her Majesty, and of all bodies politic and corporate, and of
all other persons and those claiming by, from , and under them
except as herein otherwise provided.
Commence
25. This ordinance shall come into force on a day to be pro ment of
claimed by the Governor. ordinance.
[Confirmation proclaimed 23rd September, 1884, but no day was proclaimed
for the coming into force of the ordinance. This defect has been cured by Oreli-.
nance No. 9 of 1891.]
No. 7 OF 1885 ,
An Ordinance entitled The Unclaimed Balances Or
dinance, 1885,
[ 2nd March, 1885. ]
% *
[ Sce No. 11
of 1888.]
1. All sums of money which at the time of the passing of Transfer of
this ordinance have remained unclaimed in the Treasury of this old balancesof
to revenue
Colony for a period of five years or longer, shall be transferred Colony.
to the general revenue of the Colony , subject to the provisions
of this ordinance for their refund if claimed after such transfer .
Lists of such sums shall forthwith be published in the
Government Gazette with a notice calling upon the owners
thereof to claim thein .
2. Any sum of money other than the balance of an intestate l'nclaimed
estate which after the passing of this ordinance may from any other than
cause be unclaimed in the Treasury of this Colony may, on the estates,
intestatefuture
expiration of five years from the date of payment of such sum transfer of.
into the Treasury , be transferred to the general revenue of the
Colony, subject to the provisions of this ordinance for the refund
of such sum if claimed.
Transfers under the provisions of this section shall be made
by an order under the hand of the Governor, which order, with
the particulars of the suis so transferred, shall be published in
the Government Gazette , and shall state the conditions on which
a refund of such sums may be obtained .
3. On the expiration of one year from the date of the decease Intestate
of any person dying intestate where administration has been advertise
estates
granted to the Official Administrator and the next of kin of the ments.
deceased are not known to such Official Administrator, the isöt 31.6
, s . 3.]
Official Administrator shall cause advertisements to be published
716
[ 7 OF 1885. ] UNCLAIMED BALANCES .
in this Colony and also, where in his opinion it is possible, in
the mother country of the deceased, to the effect that if no
claimant appear within twelve months to claim any funds
remaining from the estate of such deceased person such funds
will be transferred to the revenue of this Colony. Provided
that such advertisement shall not be necessary where the funds
of the estate are less than twenty dollars in value.
Transfer of
unclaimed
4. After five years from the date of the decease of any such
estate to person dying intestate, the Official Administrator shall pay the
Treasury . unclaimed balance of such person's estate into the Colonial
[ Ord , 6 of
1854 , s. 1. ] Treasury, and the Governor may direct that it be appropriated
for the general purposes of the Colony ; provided that before
such direction is given a certificate be furnished to the Governor
by the Official Administrator showing that due advertisement
has been made for claims to such balance of such estate as
required by section 3 of this ordinance , and that, so far as is
known to such Official Administrator , no further claim can
reasonably be expected against such balance .
Interest. 5. Any unclaimed balance paid into the Treasury under the
(Ord. 6 of
1351 , s. 4. ] provisions of this ordinance at any time previous to the expiration
of five years as aforesaid , shall be lodged in a chartered or
incorporated bank within this Colony, at such rate of interest
as may be procurable, and the amount of such interest shall be
added to, and considered portion of such unclaimed balance.
Refunds.
Petition to 6. It shall be lawful for any claimant to any money paid into
Supreme
Court. the Treasury under this ordinance, to present his summary
[Ibid, s. 3.] petition in thatbehalf to the Supreme Court against the Queen's
Attorney General as respondent thereto; and if he shall verify
his said claim by evidence to the satisfaction of the said Supreme
Court, it shall be the duty of the said Court to make an order
declaring him entitled thereto and the Treasurer on receipt of
such order shall pay the sum mentioned therein to the said
claimant .
Moral claims. 7. The Governor in Council may entertain any moral claim
[ Ord. 7 of
1869 , s. 1.] ( as distinguished from any legal or equitable claim ) which may
be submitted to him by petition in writing by any person ,
praying for payment of any sum of money which may have
been transferred to the Colonial revenue under the provisions
of this ordinance , and upon such petition it shall be lawful for
the Governor in Council, if he shall think fit, to order that such
sum or any portion thereof be paid by the Colonial Treasurer
to such petitioner.
Refund on a
8. Any order made by the Governor in Council under the
bar pro tantoa foregoing section for the payment of the whole or of a portion
to subsequent of any sum of money which may have been transferred to the
claims.
[ Ibid , 6, 2. ] Colonial Revenue under the provisions of this ordinance shall
UNCLAIMED BALANCES . [ 7 OF 1885. ] 717
be a bar to the extent of any payment made under such order
to any subsequent claim against the Crown , to the same sum .
9. The general revenue of the Colony shall be applicable to Refunds made
any payment ordered to be made under the provisions of this out of re .
ordinance. [ iser l of 1857 ,
* * s . 2. ]
Order made by the Governor under section 2, the 4th February, 1888,
gazetted the same day.
Whereas the several sums belonging to certain bankrupt estates as detailed
in the following schedule have remained unclaimed in the hands of the Official
Assignee, I hereby order and direct, pursuant to section 2 of The Unclaimed
Balances Ordinance, 1885, that the said sums be transferred to the general
revenue of the Colony, subject to the provisions of the said ordinance for the
refund of such sums if claimed.
The conditions on which a refund of such sims may be obtained shall be
as follows :
1. That the claimant, if the claim shall be a legal one, shall present (Ordinance :
his summary petition to the Supreme Court as against the of 188.1,sec.6.)
Attorney General, and verify such petition by evidence to the
satisfaction of the said Court,
or
2. If the claim shall be a moral one, (as distinguished from any ( Ordinance 7.
legal or equitable claim), the claimant shall submit his claim of 1883, sec. 7.)
by petition in writing to the Governor in Council.
Schedule referred to in the above Order .
DEPOSITS NOT AVAILABLE.
Unclaimed Balances, more than 5 years old on 31st December, 1887 .
BANKRUPT ESTATES .
Tam Chau , Li Kwong and Kwong Lok, 15.53
Ü Ching, 18.00
Tong Üt, 50.79
Cua Sz, 64.81
J. F. Schuster, 0.11
F. Hutchings, 2.14
Wong Wa Hi, 1.76
J. M. Hanlon , 6.17
Li Tsung , ... 329.64
Draimdrass Dayormull, 6.64
Rustomjee Dadabhoy ,... 22.99
Pang Wa Ping, .. 48.41
Paul Phillipe Reimann, 34.06
Wan Pak -kwai, 54.79
Ü Hop, .......... 81.21
Ilongkong Pier and Godown Company, 0.92
Jobn Inglis, ....... 14.95
Tang Fuk, 30.52
Fung Him Shun ,.. 32.85
Ho Kwong Ming, 61.66
Leung In and Leung Ching , 35.40
Ramon N. Orozco, 0.55
Carried forward ............. $ 914.26
718 7 OF 1885 . UNCLAIMED BALANCES .
8 or 1885 . WEIGHTS AND MEASURES.
Brought forward ,............ $ 914.26
Yeung Ü Sz, 2.81
Au Yeung Luk , 21.07
Cawasjee Rustomjee, 10.74
Hans Kiaer, 42.60
Frederick Major ,.. 20.70
Luis Promoli, 5.54
Maria Mould , 0.71
Frederick T. Smitlı, 5.23
Harry Corran, 0.96
Leung IIai lleug, 3.44
Robert II . Sneil, 0.74
Charles Collins, 0.05
Guilherme da Silveira, 0.22
Ilugh Alex . McLean, 3.28
Ng Lau Tong, 10.64
Reuben Solomon , 14.53
Sheriff Carrim , 13.63
Joseph C. Burt, 15.56
Thomas Wm . Smith , 9.36
Lau Vo Til, 39.66
TOTAL , ...... $ 1,138.76
No. 8 OF 1887 .
'
An Ordinance entitled The Weights and Measures
Ordinance, 1885.
[ 2nd March , 1885. ]
* ** *
Standard
Weights anal
1. The Governor shall cause to be deposited and safely kept
measures to le in the Colonial Treasury such weights and measures of the
deposite standards in use in the United Kingdom and of such Chinese
ryin, thecopies and weights and measures as are specified in the scheduleto this
models of
which to be
ordinance, and the weights and measures so deposited shall be
deposited the standard weights and measures of this Colony.
with the Ma
gist rates. The Governor shall cause to be made copies and models of the
several weights and measures so deposited , and such copies and
models shall be submitted to the Colonial Treasurer, who shall
cause the same to be verified , and, if approved, stamped, or
marked in such manner as the Colonial Treasurer may from
time to time determine to shew that the same have been verified
and approved .
( 'opies and models after being so verified and approved shall
be deposited with the Police Magistrates, who shall keep the
same for the purposes of reference as hereinafter directed.
WEIGHTS AND MEASURES. [ 8 OF 1885. ] 719
If any copies or models deposited with a Police Magistrate
are lost, destroyed, defaced or injured, they shall be replaced
by others of the same weight or measure duly verified and
approved.
2. Any person wishing to compare any weight or measure Magistrate to
with the copy or model deposited with a Police Magistrate shall and
verifyweights
measures
be allowed access to such copy or model for the purpose of
making such comparison, at reasonable times to be appointed
by the Police Magistrate in his discretion . The comparison
shall be made in the Magistrate's presence, and the Magistrate,
on being satisfied that the weight or measure brought for com
parison corresponds truly to the copy or model, shall stamp or
mark the same in such manner as the Colonial Treasurer may
from time to time determine to shew that the same has been
compared and approved .
Such person shall defray all expenses of conveying his weights
and measures to or from the Police Court, or shall deposit with
the examiner one dollar if such weights and measures are on
shore, or two dollars if they are on board a ship in the harbour,
to defray such expenses.
3. The Governor shall from time to time appoint proper Appointment
persons to be examiners of weights and measures, and may at ofexaminers.
pleasure remove any persons so appointed.
4. It shall be the duty of examiners of weights and measures Examiners
to enter the business premises of any persons who sell goods by may seizoen
fraudulent
weight or measure and examine the weights or measures found weights and
mcasures .
on such premises, and seize any of such weights or measures as
appear to be fraudulently stamped or not to be according to or
not to agree with the standard weights or measures of the
Colony .
5. No person shall buy or sell or otherwise deal by any Dealings by
weights or measures other than such as are according to and standard
otherabout
agree with the standard weights and measures of the Colony. weights and
measure
No person shall buy or sell or otherwise deal by any measure hibited . s pro
of length or by any steelyard which is not made conformably
to the regulations contained in the schedule of this ordinance.
6. Any person who falsifies or wilfully injures any copies or Falsifying
models of standard weights or measures deposited with a Police weights and
measures or
Magistrate, or buys or sells or otherwise deals by, or upon havingposses.
sion of
whose business premises are found any weights or measures fraudulent
fraudulently stamped or marked or not according to and agree- weightsand
nieasures .
ing with the standard weights and measures of the Colony, or
who obstructs any examiner of weights and measures in the
discharge of his duty as such , shall be liable under this ordi
nance on summary conviction before a Police Magistrate to år
penalty not exceeding two hundred dollars for each offence,
apart from and in adlition to any other penalty or liability to
720 [8 OF 1885. ] WEIGHTS AND MEASURES .
which such person may be subject in respect of such offence.
All weights and measures duly seized by an examiner of weights
and measures under the provisions of this ordinance shall be
forfeited to the Crown .
Weights and 7. Nothing in this ordinance shall apply to the buying or
measuresin for
dealing selling or dealing in medicines or precious metals or precious
medicines or stones nor to weights or measures employed in relation thereto .
precious
metals or pre
cious stones
not within
this ordi
nance .
*
9. This ordinance shall come into operation on the first day
of April , 1885.
SCHEDULE .
CUINESE WEIGHTS AND MEASURES .
Weights.
1 Fan ( candareen ) = 0.133 oz . avoirdupois.
1 Tsin (mace) = 0.133 >
1 Leung (tael) 1} 99
1 Kan ( catty) 1. tbs.
1 Tam ( picul) 133 }
and the following weights, viz.: 2, 3 , 4, 5 , taels ; 10, 17, 20, 30, 40, 50, taels ;
100, 200 , 300, 400, 500, 700, taels .
Length.
I Chek ( foot ) equal to 14 : English inches, divided into 10 Tsün or inches,
and each inch into 10 Fan or tenths.
ENGLISHI WEIGHTS AND MEASURES .
Weights.
4 Ounces avoirilupois. 7 Pounds avoirdupois.
8 11
1 Pound 28
2 Pounds 56
1
1
Thoz. Troy. is oz . Troy.
TO 1 Ounce
3
10 2 Ounces ,,
Length
1 Yard divided into feet and inches ..
Capacity.
1 Half Gill . 1 Half Gallon .
1 Gill , 1 Gallon ,
1 Half Pint. 1 Peck .
1 Pint. 1 Half Bushel.
1 Quart. 1 Bushel.
The contents of each measure to be not heaped, but flat and level with
the rim of the vessel .
Measures of length, if made of wood or bamboo, shall (except yard mea
sures imported from the C'nited Kingdom ) be tipped at the ends with metal
to the satisfaction of the examiner of weights and measures, or, in case of
dloubt, of a Police Magistrate, whose decision shall be final,
BILLS OF EXCHANGE . [ 6 of 1883.] 721
No. 9 OF 1885.
An Ordinance entitled The Bills of Exchange Ordinance.
[4th May, 1885.]
PART I.
PRELIMINARY .
1. This ordinance may be cited as the Bills of Exchange Short title.
Ordinance, 1885.
2. In this ordinance, unless the context otherwise requires, - Interpreta-.
tion of terms.
Acceptance ” means an acceptance completed by delivery
or notification .
“ Action " means 66“ suit or action " and includes counter
claim and set off.
“ Banker ” includes a body of persons whether incorporated
or not who carry on the business of banking.
" Bankrupt ” includes any person whose estate is vested in
a trustee or assignee under the law for the time being
in force relating to bankruptcy.
“ Bearer ” means the person in possession of aa bill or note
which is payable to bearer. )
" Bill” means bill of exchange, and " note " means promis
sory note .
“ Delivery " means transfer of possession, actual or con
structive, from one person to another.
“ Holder ” means the payee or indorsee of a bill or note
who is in possession of it, or the bearer thereof.
“ Indorsement” means an indorsement completed by deliv.
ery.
“ Issue " means the first delivery of a bill or note, complete
in form to a personwho takes it as a holder.
“· Person ” includes a body ofpersons whether incorporated
or not .
" Value " means valuable consideration .
2
" Written ” includes printed, and “ writing " includes print.
PART II.
BILLS OF EXCHANGE.
Form and interpretation.
3. ( 1. ) A bill of exchange is an unconditional order in writ- Bill of
ing, addressed by one person to another,, signed by the person exchange
definea.
giving it, requiring the person to whom it is addressed to pay
722 [ 9 of 1885. ] BILLS OF EXCHANGE .
on demand or at a fixed or determinable future time a sum
certain in money to or to the order of a specified person , or to
bearer.
( 2. ) An instrument which does not comply with these condi
tions, or which orders any act to be done in addition to the
payment of money, is not a bill of exchange.
(3. ) An order to pay out of a particular fund is not uncondi
tional within the meaning of this section ; but an unqualified
order to pay, coupled with ( a ) an indication of a particular fund
out of which the drawee is to re - imburse himself or a particular
account to be debited with the amount, or ( b ) a statement of
the transaction which gives rise to the bill, is unconditional.
( 4. ) A bill is not invalid by reason
( a . ) That it is not dated ;
( 6. ) That it does not specify the value given, or that any
value has been given therefor ;
( c.) That it does not specify the place where it is drawn
or the place where it is payable.
Inland and
foreign bills,
4. ( 1. ) An inland bill is a bill which is or on the face of it
purports to be ( a ) both drawn and payable within this Colony,
or () drawn within this Colony, upon some person resident
therein. Any other bill is a foreign bill.
( 2. ) Unless the contrary appear on the face of the bill the
holder may treat it as an inland bill .
Effect where 5. ( 1. ) A bill may be drawn payable to, or to the order of,
different
parties to
bill are the
the drawer ; or it may be drawn payable to, or to the order of,
the drawee .
same person .
( 2. ) Where in a bill , drawer and drawee are the saine person,
or where the drawee is a fictitious person or a person not having
capacity to contract , the holder may treat the instrument, at
his option, either as a bill of exchange or as a promissory note.
Address to
drawee.
6. ( 1. ) The drawee must be named or otherwise indicated
in a bill with reasonable certainty.
( 2. ) A bill may be addressed to two or more drawees whether
they are partners or not, but an order addressed to two drawees
in the alternative or to two or more drawees in succession is
not a bill of exchange.
Certainty 7. ( 1. ) Where a bill is not payable to bearer, thepayee must
required as be named or otherwise indicated therein with reasonable certainty.
to payee .
( 2. ) A bill may be made payable to two or more payees
jointly, or it may be made payable in the alternative to one of
two, or one or some of several payees. A bill may also be made
payable to the holder of an office for the time being.
BILLS OF EXCHANGE . 9 OF 1885. 723
( 3. ) Where the payee is a fictitious or non -existing person
the bill may be treated as payable to bearer.
8. ( 1. ) Where a bill contains words prohibiting transfer, or are
Whatnegoti
bills
indicating an intention that it should not be transferable, it is able
a . cuoti
valid as between the parties thereto, but is not negotiable.
( 2. ) A negotiable bill may be payable either to order or to
bearer.
( 3.) A bill is payable to bearer which is expressed to be so
payable, or on which the only or last indorsement is an indorse
ment in blank .
( 4.) A bill is payable to order which is expressed to be so
payable, or which is expressed to be payable to a particular
person , and does not contain words prohibiting transfer or
indicating an intention that it should not be transferable.
( 5. ) Where a bill, either originally or by indorsement, is
expressed to be payable to the order of a specified person , and
not to him or his order, it is nevertheless payable to him or his
order at his option.
9. ( 1. ) The sui payable by a bill is a sum certain within sum payable.
the meaning of this ordinance, although it is required to be
paid
( a . ) With interest .
( 6. ) By stated instalments.
( c. ) By stated instalments , with a provision that upon
default in payment of any instalınent the whole
shall become due.
( d .) According to an indicated rate of exchange or accord
ing to a rate of exchange to be ascertained as
directed by the bill .
( 2. ) Where the sum payable is expressed in words and also
in figures, and there is a discrepancy between the two, the sum
denoted by the words is the amount payable.
( 3. ) Where aa bill is expressed to be payable with interest,
unless the instrument otherwise provides, interest runs from the
date of the bill , and if the bill is undated from the issue
thereof.
10. ( 1. ) A bill is payable on demand Bill payable
on demand .
( a. ) Which is expressed to be payable on demand, or at
sight, or on presentation ; or
( 6. ) In which no time for payment is expressed.
( 2. ) Where a bill is accepted or indorsed when it is overdue,
it shall , as regards the acceptor who so accepts, or any indorser
who so indorses it , be deemed a bill payable on demand ,
721 [ 9 of 1885. ] BILLS OF EXCHANGE ,
Bill payable 11. A bill is payable at a determinable future time within the
at a future
time. meaning of this ordinance which is expressed to be payable
( 1. ) At a fixed period after date or sight.
( 2. ) On or at a fixed period after the occurrence of a
specified event which is certain to happen , though
the time of happening may be uncertain .
An instrument expressed to be payable on a contingency is
not a bill , and the happening of the event does not cure the
defect.
Omission of
bill 12. Where a bill expressed to be payable at a fixed period
jayableafter
date,
after date is issued undated, or where the acceptance of a bill
payable at a fixed period after sightis undated, any holder may
insert therein the true date of issue or acceptance, and the bill
shall be payable accordingly.
Provided that ( 1 ) where the holder in good faith and by
mistake inserts a wrong date, and ( 2 ) in every case where a
wrong date is inserted , if the bill subsequently comes into the
hands of a holder in due course the bill shall not be avoided
thereby, but shall operate and be payable as if the date so
inserted had been the true date.
Ante- lating
and post
13. ( 1. ) Where a bill or an acceptance or any indorsement
dating. on a bill is dated , the date shall, unless the contrary be proved ,
be deemed to be the true date of the drawing, acceptance, or
indorsement, as the case may be.
( 2. ) A bill is not invalid by reason only that it is ante -dated
or post-dated, or that it bears date on a Sunday.
Computation 14. Where a bill is not payable on demand the day on which
of time of
payment.
it falls due is determined as follows:
( 1. ) Three days, called days of grace, are, in every case where
the bill itself does not otherwise provide, added to the time of
payment as fixed by the bill , and the bill is due and payable on
the last day of grace: provided that --
( a .) When the last day of grace falls on Sunday, Christmas
Day,Good Friday, or a day appointed by proclama
tion in the Gazette as a public fast or thanksgiving
day, the bill is, except in the case herein -after
provided for, due and payable on the preceding
business day ;
( 6. ) When the last day of grace is a bank holiday ( other
than Christmas Day or Good Friday ) or when the
last day of grace is a Sunday and the second day
of grace is aa bank holiday, the bill is due and payable
on the succeeding business day.
BILLS OF EXCHANGE. 123
[ 9 OF 1885. ]
( 2. ) Where a bill is payable at a fixed period after date, after
sight, or after the happening of a specified event, the time of
payment is determined by excluding the day from which the
time is to begin to run and by including the day of payment.
( 3.) Where a bill is payable at a fixed period after sight, the
time begins to run from the date of the acceptance if the bill be
accepted, and from the date of noting or protest if the bill be
noted or protested for non -acceptance , or for non-delivery.
( 4. ) The term “ month ” in a bill means calendar month .
15. The drawer of a bill and any indorser may insert therein Case of need
the name of a person to whom the holder may resort in case of
need , that is to say, in case the bill is dishonoured by
non -acceptance or non - payment. Such person is called the
referee in case of need . It is in the option of the holder to
resort to the referee in case of need or not as he may think fit.
16. The drawer of a bill , and any indorser, may insert therein Optional
stipulations
an express stipulation by drawer or
indorser,
( 1.) Negativing or limiting his own liability to the holder ;
( 2.) Waiving as regards himself some or all of the holder's
duties.
17. ( 1. ) The acceptance of aa bill is the signification by the and
Definition
requisites
drawee of his assent to the order of the drawer. of acceptance.
( 2.) An acceptance is invalid unless it complies with the
following conditions , namely :
( a . ) It must be written on the bill and be signed by the
drawee. The mere signature of the drawee without
additional words is sufficient.
( 6. ) It must not express that the drawce will perform his
promise by any other means than the payment of
money.
18. A bill may be accepted . Time for
acceptance,
( 1. ) Before it has been signed by the drawer, or while other
wise incomplete :
( 2. ) When it is overdue, or after it has been dishonoured
by a previous refusal to accept, or by non -payment :
( 3. ) When a bill payable after sight is dislionoured by non
acceptance, and the drawee subsequently accepts it, the holder,
in the absence of any different agreement, is entitled to have
the bill accepted as ofthe date of first presentment to the drawec
for acceptance .
726 [ 9 OF 1885. ] BILLS OF EXCHANGE .
General and
qualified
19. ( 1. ) An acceptance is either ( a ) general or ( b ) qualified.
acceptances, ( 2. ) A general acceptance assents without qualification to the
order of the drawer. A qualified acceptance in express terms
varies the effect of the bill as drawn .
In particular an acceptance is qualified which is
( a .) Conditional, that is to say, which makes payment by
the acceptor dependent on the fulfilment of a con
dition therein stated :
( 6. ) Partial, that is to say, an acceptance to pay part only
of the amount for which the bill is drawn :
( c.) Local, that is to say, an acceptance to pay only at a
particular specified place :
An acceptance to pay at a particular place is a general accept
ance, unless it expressly states that the bill is to be paid there
only and not elsewhere :
( d. ) Qualified as to time :
( e. ) The acceptance of some one or more of the drawees ,
but not of all .
Inchoate
instruments.
20. ( 1. ) Where a simple signature on a blank stamped paper
is delivered by the signer in order that it may be converted
into a bill , it operates as a primâ facie authority to fill it up as
a complete bill for any amount the stamp will cover, using the
signature for that of the drawer, or the acceptor, or an indorser;
and, in like manner, when a bill is wanting in any material par
ticular, the person in possession of it has a primâ facie authority
to fill ир the omission in any way he thinks fit.
( 2. ) In order that any such instrument when completed may
be enforceable against any person who became a party thereto
prior to its completion, it must be filled up within a reasonable
time, and strictly in accordance with the authority given. Rea
sonable time for this purpose is a question of fact.
Provided that if any such instrument after completion is
negotiated to a holder in due course it shall be valid and effec
tual for all purposes in his hands, and he may enforce it as if it
had been filled up within a reasonable time and strictly in
accordance with the authority given .
Delivery. 21. ( 1. ) Every contract on a bill , whether it be the drawer's,
the acceptor's, or an indorser's, is incomplete and revocable,
until delivery of the instrument in order to give effect thereto.
Provided that where an acceptance is written on a bill , and
the drawee gives notice to or according to the directions of the
person entitled to the bill that he has accepted it , the acceptance
then becomes complete and irrevocable.
BILLS OF EXCHANGE . [ 9 of 1885. ] 727
( 2. ) As between immediate parties, and as regards a remote
party other than a holder in due course, the delivery
( a .) In order to be effectual must be made either by or
under the authority of the party drawing, accepting,
or indorsing, as the case may be :
( 1. ) May be shown to have been conditional or for a special
purpose only, and not for the purpose of transfer
ring the property in the bill.
But if the bill be in the hands of aa holder in due course a
valid delivery of the bill by all parties prior to him so as to
make them liable to him is conclusively presumed.
( 3. ) Where aa bill is no longer in the possession of a party
who has signed it as drawer, acceptor, or indorser, a valid and
unconditional delivery by linn is presumed until the contrary
is proved .
Capacity and authority of parties .
22. ( 1.) Capacity to incar liability as a party, to a bill is parties.
Capacity of
co-extensive with capacity to contract.
Provided that nothing in this section shall enable a corpora
tion to make itself liable as drawer, acceptor, or indorser of a
bill unless it is competent to it so to do under the law for the
time being in force relating to corporations.
( 2. ) Where a bill is drawn or indorsed by an infant, minor,
or corporation having no capacity or power to incur liability
on a bill , the drawing or indorsement entitles the holder to
receive payment of the bill, and to enforce it against any other
party thereto.
Signature
23. No person is liable as drawer, indorser, or acceptor of a essential to
bill who has not signed it as such : provided that liability.
( 1. ) Where a person signs a bill in aа trade or assumed name,
he is liable thereon as if he had signed it in his own name :
( 2. ) The signature of the name of aa firm is equivalent to the
signature by the person so signing of the names of all persons
liable as partners in that firm .
24. Subject to the provisions of this ordinance, where a Forged or
signature on a bill is forged or placed thereon without the unauthorised
authority of the person whose signature it purports to be, the signature.
forged or unauthorised signature is wholly inoperative, and no
right to retain the bill or to give a discharge therefor or to
enforce payment thereof against any party thereto can be
acquired through or under that signature , unless the party
723 [ 9 OF 1885. ] BILLS OF EXCHANGE .
against whom it is sought to retain or enforce payment of
the bill is precluded from setting up the forgery or want of
authority.
Provided that nothing in this section shall affect the ratifica
tion of an unauthorised signature not amounting to a forgery .
Procuration
signatures.
25. A signature by procuration operates as notice that the
agent has but a limited authority to sign, and the principal is
only bound by such signature it the agent in so signing was
acting within the actual limits of his authority.
l'erson sig .
ning as agent
26. ( 1. ) Where a person signs a bill as drawer, indorser, or
or in repre . acceptor, and adds words to his signature, indicating that he
sentative
capacity. signs for or on behalf of аa principal, or in a representative cha
racter, he is not personally liable thereon ; but the mere addition
to his signature of words describing him as an agent, or as filling
a representative character, does not exempt him from personal
liability.
( 2.) In determining whether a signatore on a bill is that of
the principal or that of the agent by whose hand it is written,
the construction most favourable to the validity of the instru
ment shall be adopted .
The consideration for a bill.
Value and 27. ( 1. ) Valuable consideration for аa bill may be constituted
holder for
value . by, -
( a . ) Any consideration sufficient to support a simple con
tract ;
( 6. ) An antecedent debt or liability.Such a debt or lia
bility is deemed valuable consideration whether the
bill is payable on demand or at a future time.
( 2. ) Where value las at any time been given for a bill the
holder is deemed to be a holder for value as regards the acceptor
а
and all parties to the bill who became parties prior to such time.
( 3. ) Where the holder of a bill has a lien on it,arising either
froin contract or by implication of law , he is deemed to be al
holder for value to the extent of the sum for which he has a
lien .
Accommoda
tion bill or
28. ( 1.) An accommodation party to a bill is a person who
party . has signed a bill as drawer, acceptor, or indorser , without
receiving value therefor, and for the purpose of lending his
name to some other person .
( 2. ) An accommodation party is liable on the bill to aa holder
for value ; and it is immaterial whether, when such holder took
the bill , he knew such party to be an accommodation party
Ol' not .
BILLS OF EXCILANGE . [ 9 of 1885. ] 7:29
29. ( 1. ) A holder in due course is a holder who has taken Holder in duc
a bill , complete and regular on the face of it, under the follow- course.,
ing conditions ; namely,
( a . ) That he became the holder of it before it was overdue,
and without notice that it had been previously
dishonoured , if such was the fact :
( 1. ) That he took the bill in good faith and for value, and
that at the time the bill was negotiated to him he
had no notice of any defect in the title of the person
who negotiated it.
( 2.) In particular the title of a person who negotiates a bill
is defective within the meaning of this ordinance when he
obtained the bill , or the acceptance thereof, by frauil, duress,
or force and fear, or other unlawful means, or for an illegal
consideration, or when he negotiates it in breach of faith , or
under such circumstances as amount to a fraud.
( 3. ) A holder (whether for value or not ), who derives his
title to a bill through a holder in due course, and who is not
himself a party to any fraud or illegality affecting it, has all
the rights of that holder in due course as regards the acceptor
and all parties to the bill prior to that holder .
30. ( 1. ) Every party whose signature appears on a bill is ofPresumption
value and
primâ facie deemed to have becomea party thereto for value. good faith .
( 2.) Every holder of a bill is primâ facie deemed to be a
holder in due course ; but if in an action on a bill it is admitted
or proved that the acceptance, issue, or subsequent negotiation
of the bill is affected with fraud, duress, or force and fear, or
illegality, the burden of proof is shifted, unless and until the
holder proves that, subsequent to the alleged fraud or illegality,
value has in good faith been given for the bill .
Negotiation of bills.
31. ( 1. ) A bill is negotiated when it is transferred from one Negotiation
person to another in such a manner as to constitute the trans- of bill..
feree the holder of the bill .
( 2. ) A bill payable to bearer is negotiated by delivery.
( 3. ) A bill payable to order is negotiated by the indorsement
of the holder completed by delivery.
( 4. ) Where the holder of a bill payable to his order transfers
it for value without indorsing it , the transfer gives the trans
feree such title as the transferor had in the bill, and the trans
feree in addition acquires the right to have the indorsement of
the transferor ,
730 OF 1885. ]
[ 9 or BILLS OF EXCHANGE .
( 5. ) Wbere any person is under obligation to indorse a bill
in a representative capacity, he may indorse the bill in such
terms as to negative personal liability.
Requisites of
a valid
32. An indorsement in order to operate as a negotiation
indorsement. must comply with the following conditions, namely :
( 1. ) It must be written on the bill itself and be signed by
the indorser. The simple signature of the indorser on the bill,
without additional words, is sufficient.
An indorsement written on an allonge, or on a copy " of a
bill issued or negotiated in a country where “ copies ” are
recognised , is deemed to be written on the bill itself .
( 2. ) It must be an indorsement of the entire bill. A partial
indorsement, that is to say, an indorsement which purports to
transfer to the indorsee a part only of the amount payable, or
which purports to transfer the bill to tiro or more indorsees
severally, does not operate as a negotiation of the bill.
( 3. ) Where a bill is payable to the order of two or more
payees or indorsees who are not partners all must indorse,
unless the one indorsing has authority to indorse for the others.
( 4. ) Where , in a bill payable to order, the payee or indorsee
is wrongly designated, or his name is mis- spelt, he may indorse
the bill as therein described , adding , if he think fit, his proper
signature .
(5.) Where there are two or more indorsements on a bill,
cach indorsement is deemed to have been made in the order in
which it appears on the bill, until the contrary is proved.
(6.) An indorsement may be made in blank or special. It
may also contain terms making it restrictive.
Conditional
indorsement.
33. Where a bill purports to be indorsed conditionally the
condition may be disregarded by the payer, and payment to
the indorsee is valid whether the condition has been fulfilled
or not.
Indorsement 34. ( 1. ) An indorsement in blank specifies no indorsee, and
in blank and
special a bill so indorsed becomes payable to bearer .
indorsement.
( 2. ) A special indorsement specifies the person to whom , or
to whose order, the bill is to be payable.
( 3. ) The provisions of this ordinance relating to a payee
apply with the necessary modifications to an indorsee under a
special indorsement.
( 4. ) When a bill has been indorsed in blank , any holder may
convert the blank indorsement into a special indorsement by
writing above the indorser's signature a direction to pay the
bill to or to the order of himself or some other person.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 731
35. ( 1. ) An indorsement is restrictive which prohibits the Restrictive
further negotiation of the bill or which expresses that it is a indorsement.
mere anthority to deal with the bill as thereby directed and not
a transfer of the ownership thereof,as, for example, if a bill be
indorsed " Pay D. only,” or “ Pay D. for the account of X.,"
or “ Pay D. or order for collection."
( 2 ) A restrictive indorsement gives the indorsee the right
to receive payment of the bill and to sue any party thereto tbat
his indorser could have sued, but gives him no power to
transfer his rights as indorsee unless it expressly authorise him
to do so.
( 3. ) Where a restrictive indorsement authorises further
transfer, all subsequent indorsces take the bill with the same
rights and subject to the same liabilities as the first indorsee
under the restrictive indorsement.
36. ( 1. ) Where a bill is negotiable in its origin it continues
to be negotiable until it has been ( a ) restrictively indorsed or dishono
af overdue
uredor
( 6 ) discharged by payment or otherwise. bill.
( 2. ) Where an overdue bill is negotiated, it can only be
negotiated subject to any defect of title affecting it at its
maturity, and thenceforward no person who takes it can acquire
or give a better title than that which the person from whom he
took it had .
( 3. ) A bill payable on demand is deemed to be overdue
within the meaning and for the purposes, of this section , when
it appears on the face of it to have been in circulation foran
udreasonable length of time. What is an unreasonable length
of time for this purpose is a question of fact.
( 1. ) Except where an indorsement bears date after the
maturity of the bill, every negotiation is primâ facie deemed to
have been effected before the bill was overdue.
( 5. ) Where a bill which is not overdue has been dishonoured
any person who takes it with notice of the dishonour takes it
subject to any defect of title attaching thereto at the time of
dishonour, but nothing in this subsection shall affect the rights
of a holder in due course.
37. Where a bill is negotiated back to the drawer, or to a Segotiation
prior indorser or to the acceptor, such party may, subject to of bill toalready
the provisions of this ordinance, re-issue and further negotiate party
liable thereon .
the bill , but he is not entitled to enforce payment of the bill
against any intervening party to whom he was previously liable.
38. The rights and powers of the holder of a bill are as Rights of the
follows : holder.
( 1. ) He may sue on the bill in his own name :
7 32 [ 9 or 1885. ] BILLS OF EXCILANGE .
( 2. ) Where he is a holder in due course , he holds the bill
free from any defect of title of prior parties, as well as from
mere personal defences available to prior parties among them
selves, and may enforce payment against all parties liable on
the bill :
( 3.) Where his title is defective ( a) if he negotiates the bill
to a holder in due course, that holder obtains a good and
complete title to the bill, and (b) if he obtains payment of the
bill the person who pays him in due course gets a valid discharge
for the bill.
General duties of the holder.
When pre
sentment for
39. ( 1.) Where a bill is payable aſter sight, presentment for
acceptance is acceptance is necessary in order to fix the maturity of the
necessary . instrument.
( 2. ) Where a bill expressly stipulates that it shall be presented
for acceptance, or where a bill is drawn payable elsewhere than
at the residence or place of business of the drawee it must be
presented for acceptance before it can be presented for payment.
( 3. ) In no other case is presentment for acceptance necessary
in order to render liable any party to the bill.
( 4. ) Where the holder of a bill, drawn payable elsewhere
than at the place of business or residence of the drawee, has
not time, with the exercise of reasonable diligence, to present
the bill for acceptance before presenting it for payment on the
day that it falls due, the delay caused by presenting the bill for
acceptance before presenting it for payment is excused, and
does not discharge the drawer and indorsers.
Time for pre
senting bill 40. ( 1. ) Subject to the provisions of this ordinance, when a
payable after bill payable after sight is negotiated, the holder must either
sight. present it for acceptance or negotiate it within a reasonable
time.
( 2. ) If he do not do so, the drawer and all indorsers prior
to that holder are discharged.
( 3. ) In determining what is a reasonable time within the
meaning of this section, regard shall be had to the nature of the
bill , the usage of trade with respect to similar bills, and the
facts of the particular case.
Rules as to
presentment
41. ( 1. ) A bill is duly presented for acceptance which is
for accept
ance , and
presented in accordance with the following rules :
excuses for ( a .) The presentment must be made by or on behalf of
non - present.
ment.
theholder to the drawee or to some person authorised
to accept or refuse acceptance on his behalf at a
reasonable hour on a business day and before the
bill is overdue:
73 :
BILLS OF EXCHANGE . [ 9 OF 1885. ]
( 6. ) Where a bill is addressed to two or more drawees ,
who are not partners, presentment must be made
to thein all , unless one has authority to accept for
all, then presentment may be made to him only:
>
( c. ) Where the drawee is dead, presentment may be made
to his personal representative:
( d .) Where the drawee is bankrupt, presentinent may be
made to him or to his trustee or assignee.
( e. ) Where authorised by agreement or usage, a present
ment through the Post Office is sufficient.
( 2.) Presentment in accordance with these rules is excused ,
and a bill may be treated as dishonoured by non -acceptancc
( n .) Where the drawee is dead or bankrupt, or is a
fictitious person or a person not having capacity to
contract by bill :
( 10.) Where, after the exercise of a reasonable diligence,
such presentment cannot be effected :
( c.) Where although the presentment has been irregular,
acceptance has been refused on some other ground.
( 3. ) The fact that the holder has reason to believe that the
bill , on presentment, will be dishonoured does not excuse
presentment.
42. ( 1. ) When a bill is duly presented for acceptance and Non-accept
lice .
is not accepted within the customary time, the person presenting
it must treat it as dishonoured by non-acceptance. If he do
not, the holder shall lose his right of recourse against the drawer
and indorsers .
43. ( 1. ) A bill is dishonoured by non -acceptance - Dishonour by
non -accept
( a .) When it is duly presented for acceptance, and such an ance and its
acceptance as is prescribed by this ordinance is consequences.
refused or cannot be obtained ; or
( 6. ) When presentment for acceptance is excused and the
bill is not accepted .
( 2.) Subject to the provisions of this ordinance when a bill
is dishonoured by non -acceptance, an immediate right of recourse
against the drawer and indorsers accrues to the holder, and no
presentment for payment is necessary.
44. ( 1. ) The holder of a bill may refuse to take a qualified Duties as to
acceptance, and if he does not obtain an unqualitied acceptance qualified .
may treat the bill as dishonoured by non -acceptance.
; :; 1 [ 9 of 1885. ) BILLS OF EXCHANGE .
(2.) Where a qualified acceptance is taken , and the drawer
or an indorser bas not expressly or impliedly authorised the
holder to take a qualified acceptance, or does not subsequently
assent thereto, such drawer or indorser is discharged from his
liability on the bill.
The provisions of this sub -section do not apply to a partial
acceptance, whereof due notice has been given. Where a foreign
bill has been accepted as to part, it must be protested as to
the balance.
( 3.) When the drawer or indorser of a bill receives notice of
a qualified acceptance, and does not within a reasonable time
express his dissent to the holder he shall be deemed to have
assented thereto.
Rules as to
presentment
45. Subject to the provisions of this ordinance a bill must
for payment. be duly presented for payment. If it be not so presented the
drawer and indorsers shall be discharged.
A bill is duiy presented for payment which is presented in
accordance with the following rules :
( 1. ) Where the bill is not payable on demand, presentment
must be made on the day it falls due.
( 2. ) Where the bill is payable on demand, then, subject
to the provisions of this ordinance, presentment
must be made within a reasonable time after its
issue in order to render the drawer liable, and within
a reasonable time after its indorsement, in order to
render the indorser liable.
In determining what is a reasonable time, regard shall be
had to the nature of the bill, the usage of trade
with regard to similar bills, and the facts of the
particular case.
( 3. ) Presentment must be made by the holder or by some
person authorised to receive payment on his behalf
at a reasonable hour on a business day, at the
proper place as hereinafter defined , either to the
person designated by the bill as payer, or to some
person authorised to pay or refuse payment on bis
behalf if with the exercise of reasonable diligence
such person can there be found .
( 4.) A bill is presented at the proper place :--
( a . ) Where a place of payment is specified in the
bill and the bill is there presented.
(l..) Where no place of payment is specified , but
the address of the drawee or acceptor is given
in the bill, and the bill is there presented.
BILLS OF EXCHANGE . 9 OF 1883.] 735
( c. ) Where no place of payment is specified and no
address given, and the bill is presented at
the drawee's or acceptor's place of business
if known, and if not, at his ordinary residence
if known .
( 17. ) In any other case if presented to the drawee
or acceptor wherever he can be found , or if
presented at his last krown place of business
or residence.
( 5.) Where a bill is presented at the proper place, and after
the exercise of reasonable diligence no person au
thorised to pay or refuse payment can be found
there, no further presentment to the drawee or
acceptor is required.
(6.) Where aa bill is drawn upon, or accepted by two or
more persons who are not partners, and no place
of payment is specified , presentment must be made
to them all .
( 7. ) Where the drawee or acceptor of a bill is dead , and
no place of payment is specified , presentment must
be made to a personal representative, if such there
be, and with the exercise of reasonable diligence he
can be found .
( 8. ) Where authorised by agreement or usage a present
ment through the Post Office is sufficient.
46. ( 1.) Delay in making presentment for paymentis excused Excuses for
delay ornon
when the delay is caused by circumstances beyond the control presentment
of the holder, and not imputable to liis defauli, misconduct, or for payment.
negligence. When the cause of delay ceases to operate, present
mentmust be made with reasonable diligence.
( 2. ) Presentment for payment is dispensed with
( a . ) Where, after the exercise ofreasonable diligence
presentment, as required by this ordinance,
cannot be effected .
The fact that the holder has reason to believe that
the bill will, on presentment, be dishonoured ,
does not dispense with the necessity for pre
sentment.
( 6. ) Where the drawee is a fictitious person.
( c. ) As regards the drawer, where the drawee or
acceptor is not bound, as between himself
and the drawer, to accept or pay the bill ,
and the drawer has no reason to believe that
the bill would be paid if presented .
736 [9 of 1885. ] BILLS OF EXCHANGE .
( d .) As regards an indorser, where the bill was
accepted or made for the accommodation of
that indorser, and he has no reason to expect
that the bill would be paid if presented .
( e.) By waiver of presentment, express or implied.
Dishonour by 47. ( 1. ) A bill is dishonoured by non - payment (a ) when it
non -payment. is duly presented for payment and payment is refused or cannot
be obtained, or ( V ) when presentment is excused and the bill
is overdue and unpaid .
( 2. ) Subject to the provisions of this ordinance, when a bill
is dishonoured by non -payment, an immediate right of recourse
against the drawer and indorsers accrues to the holder.
Notice of 48. Subject to the provisions of this ordinance, when a bill
dishonour
andeffect of has been dishonoured by non -acceptance or by non -payment,
non - notice,
notice of dishonour must be given to the drawer and each
indorser, and any drawer or indorser to whom such notice is
not given is discharged ; provided that -
--
( 1. ) Where a bill is dishonoured by non -acceptance, and
notice of dishonour is not given, the rights of a
holder in due course subsequent to the omission
shall not be prejudiced by the omission.
( 2. ) Where a bill is dishonoured by non -acceptance and
due notice of dishonour is given, it shall not be
necessary to give notice of a subsequent dishonour
by non -payment unless the bill shall in the mean
time have been accepted.
Rules as to 49. Notice of dishonour in order to be valid and effectual
notice of
dishonour, must be given in accordance with the following rules :
( 1. ) The notice must be given by or on behalf of the
holder, or by or on belialf of an indorser who, at
the time of giving it, is himself liable on the bill .
2.) Notice of dislonou may be given by an agent either
in his own name, or in the name of any party en
titled to give notice, whether that party be his
principal or not.
( 3. ) Where the notice is given by or on behalf of the
holder, it enures for the benefit of all subsequent
bolders and all prior indorsers who have a right of
recourse against the party to whom it is given .
( 4.) Where notice is given by or on behalf of an indorser
entitled to give notice as herein -before provided, it
chures for the benefit of the holder and all indorsers
subsequent to the party to whom notice is given.
BILLS OF EXCIIANGE , [ 9 or 1885. ] 737
( 5. ) The notice may be given in writing or by personal
communication, and may be given in any terms
which sufficiently identify the bill, and intimate that
the bill has been dishonoured by non -acceptance or
non -payment.
(6.) The return of a dishonoured bill to the drawer or an
indorser is, in point of form , deemed a sufficient
notice of dishonour.
( 7. ) A written notice need not be signed, and an insuffi
cient written notice may be supplemented and val
idated by verbal communication . A misdescription
of the bill shall not vitiate the notice unless the
party to whom the notice is given is in fact misled
thereby.
( 8 ) Where notice of dishonour is required to be given to
any person , it may be given either to the party
himself, or to his agent in that behalf.
( 9. ) Where the drawer or indorser is dead, and the party
giving notice knows it , the notice must be given to
a personal representative if such there be , and with
the exercise of reasonable diligence he can be found .
( 10. ) Where the drawer or indorser is bankrupt, notice
may be given either to the party himself or to the
trustee or assignee .
( 11. ) Where there are two or more drawers or indorsers
who are not partners, notice must be given to each
of them , unless one of them has authority to receive
such notice for the others .
( 12. ) The notice may be given as soon as the bill is dis
honoured and must be given within a reasonable
time thereafter .
In the absence of special circumstances notice is not deemed
to have been given within a reasonable time, unless
( a.) Where the person giving and the person to
receive notice reside in the same place, the
notice is given or sent off in time to reach
the latter on the day after the dishonour of
the bill .
( 6. ) Where the person giving and the person to
receive notice reside in different places, the
notice is sent off on the day after the dis
honour of the bill , if there be a post at a
convenient hour on that day, and if there
be no such post on that day then by the
next post thereafter.
738 [ 9 OF 1885. ] BILLS OF EXCHANGE .
( 13. ) Where a bill when dishonoured is in the hands of an
agent, he may either himself give notice to the
parties liable on the bill , or he may give notice to
his principal. If he give notice to his principal,
le must do so within the saine time as if he were
the holder,and the principal upon receipt of such
notice has himself the same time for giving notice
as if the agent had been an independent holder.
( 14. ) Where a party to a bill receives due notice of
dishonour, he has after the receipt of such notice
the same period of time for giving notice to
antecedent parties that the holder has after the
dishonour.
( 15. ) Where a notice of dishonour is duly addressed and
posted, the sender is deemed to have given due
notice of dishonour, notwithstanding any miscar
riage by the Post Office.
Excuses for
non - notice
50. ( 1. ) Delay in giving notice of dishonour is excused
and delay . where the delay is caused by circumstances beyond the control
of the party giving notice , and not imputable to his default,
misconduct, or negligence. When the cause of delay ceases to
operate the noticemust be given with reasonable diligence.
( 2. ) Notice of dishonour is dispensed with ---
(a. ) When, after the exercise of reasonable diligence, notice
as required by this ordinance cannot be given to or
does not reach the drawer or indorser sought to be
charged ;
( 6. ) By waiver express or implied. Notice of dishonour
may be waived before the time of giving notice has
arrived , or after the omission to give due notice:
( c.) As regards the drawer in the following cases, namely,
( 1) where drawer and drawee are the same person ,
( 2 ) where the drawee is a fictitious person or a
person not having capacity to contract, ( 3 ) where
the drawer is the person to whom the bill is presented
for payment, ( 4 ) where the drawee or acceptor is
as between himself and the drawer under no
obligation to accept or pay the bill, ( 5 ) where the
drawer has countermanded payment:
( d. ) As regards the indorser in the following cases, namely,
( 1) where the drawee is a fictitious person or a
person not having capacity to contract and the
indorser was aware of the fact at the time he indorsed
the bill , ( 2 ) where the indorser is the person to
whom the bill is presented for payment, ( 3 ) where
the bill was accepted or made for his accommodation .
BILLS OF EXCHANGE. [ 9 OF 1885. ] 739
51. ( 1. ) Where an inland bill has been dishonoured it may, Noting or
if the holder think fit, be noted for non -acceptance or non protest of bill .
payment, as the case may be ; but it shall not be necessary to
note or protest any such bill in order to preserve the recourse
against the drawer or indorser .
(2. ) Where a foreign bill, appearing on the face of it to be
such , has been dishonoured by non -acceptance it must be duly
protested for non - acceptance , and where such a bill, which has
not been previously dishonoured by non -acceptance, is dishon
oured by non -payment it must be duly protested for non
payment. If it be not so protested the drawer and indorsers
are discharged . Where a bill does not appear on the face of it
to be a foreign bill, protest thereof in case of dishonour is
unnecessary .
( 3. ) A bill which has been protested for non -acceptance may
be subsequently protested for non -payment.
( 4. ) Subject to the provisions of this ordinance, when a bill
is noted or protested, it must be noted on the day of its dishonour.
When a bill has been duly noted, the protest may be subsequently
extended as of the date of the noting.
( 5. ) Where the acceptor of a bill becomes bankrupt or
insolvent or suspends payment before it matures, the holder
may cause the bill to be protested for better security against
the drawer and indorsers.
( 6.) A bill must be protested at the place where it is
dishonoured : Provided that
(a.) When a bill is presented through the Post Office, and
returned by post dishonoured ,, it may be protested
at the place to which it is returned and on the day
of its return if received during business hours, and
if not received during business hours, then not
later than the next business day :
( 6. ) When a bill drawn payable at the place of business
or residence of some person other than the drawee,
has been dishonoured by non -acceptance, it must
be protested for non -payment at the place where it
is expressed to be payable, and no further present
ment for payment to, or demand on , the drawee is
necessary.
( 7. ) A protest must contain a copy of the bill , and must be
signed by the notary making it, and must specify—
(a. ) The person at whose request the bill is protested :
740 [ 9 of 1885. ] BILLS OF EXCIIANGE ,
(6. ) The place and date of protest, the cause or reason for
protesting the bill, the demand made, and the
answer given, if any, or the fact that the drawee
or acceptor could not be found .
( 8. ) Where a bill is lost or destroyed , or is wrongly detained
from the person entitled to hold it, protest may be made on a
copy or written particulars thereof.
( 9. ) Protest is dispensed with by any circumstance which
would dispense with notice of dishonour. Delay in noting or
protesting is excused when the delay is caused by circumstances
beyond the control of the holder, and not imputable to his
default, misconduct, or negligence. When the cause of delay
ceases to operate the bill must be noted or protested with
reasonable diligence.
Duties of
holder as
52. ( 1. ) When a bill is accepted generally, presentment for
regards payment is not necessary in order to render the acceptor liable.
drawee or
acceptor, ( 2. ) When by the terms of a qualified acceptance present
ment for payment is required, the acceptor, in the absence of
an express stipulation to that effect, is not discharged by the
omission to present the bill for payment on the day that it
matures.
( 3. ) In order to render the acceptor of aа bill liable it is not
necessary to protest it, or that notice of dishonour should be
given to him .
( 4. ) Where the holder of a bill presents it for payment, he
shall exhibit the bill to the person from whom he demands
payment, and when a bill is paid the holder shall forthwith
deliver it up to the party paying it .
Liabilities of parties.
Funds in 53. A bill , of itself, does not operate as an assignment of
hands of
drawee .
funds in the hands of the drawee available for the payment
thereof, and the drawee of a bill who does not accept as required
by this ordinance is not liable on the instrument.
Liability of
acceptor,
54. The acceptor of a bill, by accepting it
>
( 1. ) Engages that he will pay it according to the
tenor of his acceptance :
( 2. ) Is precluded from denying to a holder in due
course :
( a .) The existence of the drawer, the genuineness of his
signature, and his capacity and authority to draw
the bill;
BILLS OF EXCHANGE . [ 9 OF 1885. ] 741
( 6. ) In the case of a bill payable to drawer's order, the
then capacity of the drawer to indorse, but not the
genuineness or validity of his indorsement;
( c. ) In the case of a bill payable to the order of a third
person, the existence of the payee and his then
capacity to indorse, but not the genuineness or
validity of his indorsement.
55. ( 1. ) The drawer of a bill by drawing it-
( a. ) Engages that on due presentment it shall be accepted dra
Liability
wer orof
.
and paid according to its tenor, and that if it be indorser.
.
dishonoured he will compensate the holder or any
indorser who is compelled to pay it, provided that
the requisite proceedings on dishonour be duly
taken ;
( 6. ) Is precluded frora denying to a holder in due course
the existence of the payee and his then capacity to
indorse.
( 2. ) The indorser of aa bill by indorsing it
(a. ) Engages that on due presentment it shall be accepted
and paid according to its tenor, and that if it be
dishonoured he will compensate the holder or a
subsequent indorser who is compelled to pay it,
provided that the requisite proceedings on dis
honour be duly taken ;
( 6. ) Is precluded from denying to a holder in due course
the genuineness and regularity in all respects of the
drawer's signature and all previous indorsements ;
( c.) Is precluded from denying to his immediate or a
subsequent indorsee that the bill was at the time of
his indorsement a valid and subsisting bill, and
that he had then a good title thereto.
56. Where a person signs a bill otherwise than as drawer or Strangerbill
signingas
acceptor, he thereby incurs the liabilities of an indorser to a indor
liable
holder in due course . ser.
57. Where a bill is dishonoured, the measure of damages, Measure of
damages
which shall be deemed to be liquidated damages, shall be as against
follows : parties to
dishonoured
( 1. ) The holder may recover from any party liable on bill.
the bill , and the drawer who has been compelled to
pay the bill may recover from the acceptor, and an
indorser who has been compelled to pay the bill
may recover from the acceptor or from the drawer,
or from a prior indorser
742 [ 9 of 1885. ] BILLS OF EXCHANGE .
( a . ) The amount of the bill .
(6. ) Interest thereon from the time of presentment
for payment if the bill is payable on demand ,
and from the maturity of the bill in any
other case :
( c.) The expenses of noting , or , when protest is
necessary, and the protest has been extended,
the expenses of protest.
( 2. ) In the case of a bill which has been dishonoured
abroad, in lieu of the above damages, the holder
may recover from the drawer or an indorser, and
the drawer or an indorser who has been compel
to pay the bill may recover from any party liable
to him , the amount of the re -exchange with interest
thereon until the time of payment.
( 3. ) Where by this ordinance interest may be recovered
as damages, such interest may, if justice require it,
be withheld wholly or in part, and where a bill is
expressed to be payable with interest at a given
rate, interest as damages may or may not be given
at the same rate as interest proper.
Transferor by
delivery and 58. ( 1. ) Where the holder of a bill payable to bearer
transferee. negotiates it by delivery without indorsing it, he is called a
“ transferor by delivery.”
( 2.) A transferor by delivery is not liable on the instrument.
( 3. ) A transferor by delivery who negotiates a bill thereby
warrants to his immediate transferee, being a bolder for value,
that the bill is what it purports to be, that he has a right to
transfer it , and that at the time of transfer he is not aware of any
>
fact which renders it valueless.
Discharge of bill.
Payment in
due course . 59. (1.) A bill is discharged by payment in due course by
or on behalf of the drawee or acceptor.
66
Payment in ciue course means payment made at or after
thematurity of the bill to the holder thereof in good faith and
without notice that his title to the bill is defective.
( 2. ) Subject to the provisions hereinafter contained , when a
bill is paid by the drawer or an indorser it is not discharged ; but
(a. ) Where a bill payable to, or to the order of, a third
party is paid by the drawer, the drawer may enforce
payment thereof against the acceptor, but may not
re - issue the bill.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 743
( 6. ) Where a bill is paid by an indorser, or where a bill
payable to drawer's order is paid by the drawer,
the party paying it is remitted to his former rights
as regards the acceptor or antecedent parties, and
he may , if he thinks fit, strike out his own and
subsequent indorsements, and again negotiate the
bill .
( 3. ) Where an accommodation bill is paid in due course by
the party accommodated the bill is discharged .
60. When a bill payable to order on demand is drawn on a Banker pay:
banker, and the banker on whom it is drawn pays the bill in ing demand
good faith and in the ordinary course of business, it is not isindorsement
forged .
incumbent on the banker to show that the indorsement of the
payee or any subsequent indorsement was made by or under
the authority of the person whose indorsement it purports to
be, and the banker is deemed to have paid the bill in due course,
although such indorsement has been forged or made without
authority.
61. When the acceptor of a bill is or becomes the holder of it Acceptor the
at or after its maturity, in his own right, the bill is discharged. maturity.
62. ( 1. ) When the holder of a bill at or after its maturity Express
absolutely and unconditionally renounces his rights against the waiver.
acceptor the bill is discharged.
The renunciation must be in writing, unless tlie bill is deliv
ered up to the acceptor .
( 2. ) The liabilities of any party to a bill may in like manner
be renounced by the holder before, at , or after its maturity ;
but nothing in this section shall affect the rights of a holder in
due course without notice of the renunciation .
63. ( 1. ) Where a bill is intentionally cancelled by the holder Cancellation.
or his agent, and the cancellation is apparent thereon, the bill
is discharged .
( 2. ) In like manner any party liable on a bill may be dis
charged by the intentional cancellation of his signature by the
holder or his agent. In such case any indorser who would
have had a right of recourse against the party whose signature
is cancelled , is also discharged.
3.) A cancellation made unintentionally, or under a mistake,
or without the authority of the holder is inoperative ; but where
a bill or any signature thereon appears to have been cancelled
the burden of proof lies on the party who alleges that the can
cellation was made unintentionally ,or under a mistake,or with
out authority.
744 [ 9 OF 1885. ] BILLS OF EXCHANGE .
Alteration of
bill .
64. ( 1. ) Where a bill or acceptance is materially altered
without the assent of all parties liable on the bill , the bill is
avoided except as against a party who has himself made, au
thorised, or assented to the alteration, and subsequent indorsers.
Provided that,
Where a bill has been materially altered, but the alteration
is not apparent, and the bill is in the hands of a holder
in due course, such holder may avail himself of the
bill as if it had not been alterėd , and may enforce
payment of it according to its original tenour.
( 2.) In particular the following alterations are material ,
namely, any alteration of the date, the sum payable, the time of
payment, the place of payment, and, where a bill has been
accepted generally, the addition of a place of payment without
the acceptor's assent.
Acceptance and payment for honour.
Acceptance
for honour
65. ( 1. ) Where a bill of exchange has been protested for
suprà protest. dishonour by non -acceptance, or protested for better security ,
and is not overdue, any person , not being a party already liable
thereon, may, with the consent of the holder, intervene and
accept the bill suprà protest, for the honour of any party liable
thereon, or for the honour of the person for whose account the
bill is drawn.
( 2. ) A bill may be accepted for honour for part only of the
sum for which it is drawn .
( 3. ) An acceptance for honour suprà protest in order to be
valid must
( a .) Be written on the bill , and indicate that it is an ac
ceptance for honour :
( 6. ) Be signed by the acceptor for honour.
( 4. ) Where an acceptance for honour does not expressly
state for whose honour it is made, it is deemed to be an accept
ance for the honour of the drawer.
( 5. ) Where a bill payable after sight is accepted for honour,
its maturity is calculated from the date of the noting for non
acceptance, and not from the date of the acceptance for honour.
Liability of 66. ( 1. ) The acceptor for honour of a bill by accepting it
acceptor for
honour, engages that he will, on due presentment, pay the bill according
to the tenor of his acceptance, if it is not paid by the drawee,
provided it has been duly presented for payment, and protested
for non -payment, and that he receives notice of these facts.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 715
( 2. ) The acceptor for honour is liable to the holder and to
all parties to the bill subsequent to the party for whose honour
he has accepted .
67. ( 1. ) Where a dishonoured bill has been accepted for to Presentment
honour suprà protest, or contains a reference in case of need, it for acceptor
honour.
must be protested for non - payment before it is presented for
payment to the acceptor for honour, or referee in case of need .
( 2. ) Where the address of the acceptor for honour is in the
same place where the bill is protested for non-payment, the bill
must be presented to him not later than the day following its
maturity ; and where the address of the acceptor for honour is
in some place other than the place where it was protested for
non -payment, the bill must be forwarded not later than the day
following its maturity for presentment to him .
( 3. ) Delay in presentment or non -presentment is excused
by any circumstance which would excuse delay in presentment
for payment or non - presentment for payment.
( 4. ) When aa bill of exchange is dishonoured by the acceptor
for honour it must be protested for non - payment by him .
68. ( 1. ) Where a bill has been protested for non-payment, Payment for
any person may intervene and pay it suprà protest for the honour
protest. suprà
honour of any party liable thereon, or for the honour of the
person for whose account the bill is drawn.
( 2. ) Where two or more persons offer to pay a bill for the
honour of different parties, the person whose payment will dis
charge most parties to the bill shall have the preference.
( 3. ) Payment for honour suprà protest, in order to operate
as such and not as a mere voluntary payment, must be attested
by a notarial act of honour which may be appended to the
protest or form an extension of it .
( 4. ) The notarial act of honour must be founded on a decla
ration made by the payer for honour, or his agent in that
behalf, declaring his intention to pay the bill for honour, and
for whose honour he pays.
( 5. ) Where a bill has been paid for honour, all parties, sub
sequent to the party for whose honour it is paid are discharged,
but the payer for honour is subrogated for, and succeeds to
both the rights and duties of the holder as regards the party
for whose honour he pays, and all parties liable to that party.
( 6. ) The payer for honour on paying to the holder the
amount of the bill and the notarial expenses incidental to its
dishonour is entitled to receive both the bill itself and the
protest. · If the holder do not on demand deliver them up he
shall be liable to the payer for honour in damages.
746 [ 9 OF 1885. BILLS OF EXCHANGE .
( 7. ) Where the holder of a bill refuses to receive payment
suprà protest he shall lose his right of recourse against any
party who would liave been discharged by such payment.
Lost instruments.
Holder's right 69. Where a bill has been lost before it is overdue, the
to duplicate
of lost bill. person who was the holder of it may apply to the drawer to
give him another bill of the same tenour, giving security to the
ons atever
drawer if required to indemnify him against all pers wh
in case the bill alleged to have been lost shall be found again .
If the drawer on request as aforesaid refuses to give such
duplicate bill, he may be compelled to do so.
Action on lost
bill. 70. In any action or proceeding upon a bill, the Court or a
Judge may order that the loss of the instrument shall not be
set up, provided an indemnity be given to the satisfaction of
the Court or Judge against the claims of any other person upon
the instrument in question .
Bill in a set.
Rules as to
sets .
71. ( 1. ) Where a bill is drawn in a set, each part of the set
being numbered, and containing a reference to the other parts,
the whole of the parts constitute one bill .
( 2. ) Where the holder of a set indorses two or more parts
to different persons, he is liable on every such part, and every
indorser subsequent to him is liable on the part, he has him
self indorsed as if the said parts were separate bills.
( 3. ) Where two or more parts of a set are negotiated to
different holders in due course, the holder whose title first
accrues is as between such holders deemed the true owner of
the bill ; but nothing in this subsection shall affect the rights
of a person who in due course accepts or pays the part first
presented to him .
( 4. ) The acceptance may be written on any part, and it
must be written on one part only.
If the drawee accepts more than one part and such accepted
parts get into the hands of different holders in due course, he
is liable on every such part as if it were a separate bill .
( 5. ) When the acceptor of a bill drawn in a set pays it with
out requiring the part bearing his acceptance to be delivered up
to him , and that part at maturity is outstanding in the hands
of a holder in due course, he is liable to the holder thereof.
( 6. ) Subject to the preceding rules, where any one part of a
bill drawn in a set is discharged by payment or otherwise, the
whole bill is discharged .
BILLS OF EXCHANGE . [ 9 OF 1885. ] 747
Conflict of laws.
72. Where a bill drawn in one country is negotiated, accepted , law's where.
Rulesconflict
or payable in another, the rights, duties, and liabilities of the
parties thereto are determined as follows :
( 1. ) The validity of a bill as regards requisites in form is
determined by the law of the place of issue, and the validity as
regards requisites in form of the supervening contracts, such as
acceptance, or indorsement, or acceptance suprà protest, is
determined by the law of the place where such contract was
made .
Provided that
( a. ) Where a bill is issued ont of this Colony it is not
invalid by reason only that it is not stamped in
accordance with the law of the place of issue :
( 6. ) Where a bill, issued out of this Colony, conforms, as
regards requisites in form , to the law of this Colony,
it may , for the purpose of enforcing payment thereof,
be treated as valid as between all persons who
negotiate, hold, or become parties to it in this
Colony.
(2. ) Subject to the provisions of this ordinance, the inter
pretation of the drawing, indorsement, acceptance, or acceptance
suprà protest of a bill, is determined by the law of the place
where such contract is made.
Provided that where an inland bill is indorsed in a foreign
country the indorsement shall as regards the payer be interpreted
according to the law of this Colony.
3.) The duties of the holder with respect to presentment
for acceptance or payment and the necessity for or sufficiency
of a protest or notice of dishonour, or otherwise, are determined
>
by the law of the place where the act is done or the bill is .
dishonoured .
( 4. ) Where a bill is drawn out of but payable in this Colony
and the sum payable is not expressed in the currency of this
Colony, the amount shall, in the absence of some express
stipulation, be calculated according to the rate of exchange for
sight drafts at the place of payment on the day the bill is
payable.
( 5. ) Where a bill is drawn in one country and is payable in
another, the due date thereof is determined according to the
law of the place where it is payable.
7.18 [ 9 OF 1885. ] BILLS OF EXCHANGE .
PART III .
CHEQUES ON A BANKER .
Cheque
defined .
73. A cheque is a bill of exchange drawn on a banker payable
on demand .
Except as otherwise provided in this part, the provisions of
this ordinance applicable to a bill of exchange payable on
demand apply to a cheque .
Presentment 74. Subject to the provisions of this ordinance
of cheque for
payment. ( 1. ) Where a cheque is not presented for payment within
a reasonable time of its issue, and the drawer or the
person on whose account it is drawn had the right
at the time of such presentment as between him and
the banker to have the cheque paid and suffers
actual damage through the delay, he is discbarged
to the extent of such damage, that is to say, to the
extent to which such drawer or person is a creditor
of such banker to a larger amount than he would
have been had such cheque been paid .
( 2. ) In determining what is a reasonable time regard shall
be had to the nature of the instrument, the usage
of trade and of bankers, and the facts of the
particular case.
( 3. ) The holder of such cheque as to which such drawer
or person is discharged shall be a creditor, in lieu
of such drawer or person , of such banker to the
extent of such discharge and entitled to recover the
amount from him .
Revocation of
75. The duty and authority of a banker to pay a cheque
banker’sau- drawn on him by his customer are determined by—
thority.
( 1. ) Countermand of payment :
2.) Notice of the customer's death .
Crossel Cheques.
General and 76. ( 1. ) Where a cheque bears across its face an addition of —
special cross .
ings defined . ( a. ) The words “ and company ” or any abbreviation
thereof between two parallel transverse lines,either
with or without the words “ not negotiable ; ” or
( 6. ) Two parallel transverse lines simply, either with or
without the words “ not negotiable ; ”
that addition constitutes a crossing, and the cheque is crossed
generally.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 749
( 2. ) Where a cheque bears across its face an addition of the
name of a banker, either with or without the words " ' not
negotiable ,” that addition constitutes a crossing, and the cheque
is crossed specially and to that banker .
77. ( 1.) A cheque may be crossed generally or specially by drawer
Crossingorby
the drawer. after issuc.
( 2. ) Where a cheque is uncrossed, the holder may cross it
generally or specially.
( 3. ) Where a cheque is crossed generally the holder may
cross it specially
( 4. ) Where a cheque is crossed generally or specially, the
holder may add the words “ not negotiable.'
( 5. ) Where a cheque is crossed specially, the banker to whom
it is crossed may again cross it specially to another banker for
collection .
( 6. ) Where an uncrossed cheque, or a cheque crossed
generally, is sent to a banker for collection, he may cross it
specially to himself.
78. A crossing authorised by this ordinance is a material niat
Crossing a
erial part
part of the cheque; it shall not be lawful for any person to of cheque.
obliterate or except as authorised by tliis ordinance , to add to
or alter the crossing.
79. ( 1. ) Where a cheque is crossed specially to more than Duties of
one banker except when crossed to an agent for collection being banker as to
a banker, the banker on whom it is drawn shall refuse payment cheques.
thereof.
( 2. ) Where the banker, on whom a cheque is drawn which is
so crossed, nevertheless pays the same, or pays a cheque crossed
generally otherwise than to a banker, or if crossed specially
otherwise than to the banker to whom it is crossed , or his agent
for collection being a banker, he is liable to the true owner of
the cheque for any loss he may sustain owing to the cheque
having been so paid .
Provided that where a cheque is presented for payment which
does not at the time of presentment appear to be crossed, or to
have had a crossing which has been obliterated , or to have been
added to or altered otherwise than as authorised by this ordi
nance, the banker paying the cheque in good faith and without
negligence shall not be responsible or incur any liability, nor
shall the payment be questioned by reason of the cheque having
been crossed, or of the crossing having been obliterated or
having been added to or altered otherwise than as authorised
by this ordinance, and of payment having been made otherwise
750 [ 9 or 1885. ] BILLS OF EXCHANGE .
than to a banker or to the banker to whom the cheque is or
was crossed, or to his agent for collection being a banker, as
the case may be.
Protection to 80. Where the banker, on whom a crossed cheque is drawn,
banker and
drawer where
cheque is
in good faith and without negligence pays it, if crossed generally,
crossed.
to a banker, and if crossed specially, to the banker to whom it
is crossed, or his agent for collection being a banker, the banker
paying the cheque, and, if the cheque has come into the hands
of the payee, the drawer, shall respectively be entitled to the
same rights and be placed in the same position as if payment of
the cheque had been made to the true owner thereof.
Effect of
crossing on 81. Where a person takes aa crossed cheque which bears on
holler. it the words “ not negotiable," he shall not have and shall not
be capable of giving a better title to the cheque than that which
the person from whom he took it had.
Protection to
collecting 82. Where a banker in good faith and without negligence
banker. receives payment for a customer of a cheque crossed generally
or specially to himself, and the customer has no title or a
defective title thereto, the banker shall not incur any liability
to the true owner
received
of the cheque by reason only of having
payment
such .
PART IV .
PROMISSORY NOTES .
I'romissory
note defined . 83. ( 1.) A promissory note is an unconditional promise in
writing made by one person to another signed by the maker,
engaging to pay, on demand or at a fixed or determinable future
time , a sum certain in money, to, or to the order of, a specified
person or to bearer.
( 2. ) An instrument in the form of a note payable to maker's
order is not a note within the meaning of this section unless
and until it is indorsed by the maker.
( 3. ) A note is not invalid by reason only that it contains
also a pledge of collateral security with authority to sell or
dispose thereof.
(4.) A note which is , or on the face of it purports to be, both
made and payable within this Colony is an inland note . Any
other note is a foreign note.
Delivery 84. A promissory note is inchoate and incomplete until
necessary .
delivery thereof to the payce or bearer.
BILLS OF EXCHANGE . [ 9 of 1885. ] 751
85. ( 1.) A promissory note may be made by two or more Joint and
makers, and they may be liable thereon jointly, or jointly and several notes.
severally according to its tenour.
( 2. ) Where a note runs “ I promise to pay ” and is signed by
two or more persons it is deemed to be their joint and several
note .
86. ( 1. ) Where a note payable on demanil has been indorsed, Note payable
it must be presented for payment within a reasonable time of on demand .
the indorsement. If it be not so presented the indorser is
discharged .
( 2.) In determining what is a reasonable time, regard shall
be bad to the nature of the instrument, the usage of trade, and
the facts of the particular case.
( 3. ) Where a note payable on demand is negotiated, it is not
deemed to be overdue, for the purpose of affecting the holder
with defects of title of which he hal no notice, by reason that
it appears that a reasonable time for presenting it for payment
has elapsed since its issue.
87. ( 1. ) Where a promissory note is in the body of it made ofPresentment
note for
payable at a particular place, it must be presented for payment payment.
at that place in order to render the maker liable. In any other
case, presentment for payment is not necessary in order to
render the maker liable.
( 2. ) Presentment for payment is necessary in order to render
the indorser of a note liable.
( 3. ) Where a note is in the body of it made payable at a
particular place, presentment at that place is necessary in order
to render an indorser liable ; but when a place of payment is
indicated by way of memorandum only, presentment at that
place is sufficient to render the indorser liable, but a present
inent to the maker elsewhere, if sufficient in other respects, shall
also suffice .
88. The maker of a promissory note by making it- Liability of
maker.
( 1. ) Engages that he will pay it according to its tenour ;
( 2. ) Is precluded from denying to aa holder in due course
the existence of the payee and his then capacity to
ipdorse.
89. ( 1.) Subject to the provisions in this part and, except Application
as by this section provided, the provisions of this ordinance of part II. to
relating to bills of exchange apply, with the necessary modifi.
cations, to promissory notes.
752 [ 9 of 1885. ) BILLS OF EXCHANGE .
( 2. ) In applying those provisions the maker of a note shall
be deemed to correspond with the acceptor of a bill, and the
first indorser of a note shall be deemed to correspond with the
drawer of an accepted bill payable to drawer's order.
( 3. ) The following provisions as to bills do not apply to
notes ; namely, provisions relating to-
( a. ) Presentment for acceptance ;
( 6. ) Acceptance :
( c.) Acceptance suprà protest ;
( d. ) Bills in a set .
(4.) Where a foreign note is dishonoured, protest thereof is
unnecessary .
PART V.
SUPPLEMENTARY.
Good faith . 90. A thing is deemed to be done in good faith, within the
meaning of this ordinance, where it is in fact done honestly ,
whether it is done negligently or not .
Signature. 91. ( 1.) Where, by this ordinance, any instrument or writing
1
is required to be signed by any person, it is not necessary that
he should sign it with his own hand, but it is sufficient if bis
signature is written thereon by some other person by or under
his authority .
( 2. ) In the case of a corporation , where, by this ordinance ,
any instrument or writing is required to be signed, it is suffi
cient if the instrument or writing be sealed with the corporate seal .
But nothing in this section shall be construed as requiring
the bill or note of a corporation to be under seal.
Computation 92. Where, by this ordinance, the time limited for doing
of time.
any act or thing is less than three days, in reckoning time,
non-business days are excluded .
“ Non -business days ” for the purposes of this ordinance
means
Sundays and public holidays and bank holidays within the
meaning ofthese terms as used in Ordinance 6 of 1875 .
When noting
93. For the purposes of this ordinance, where a bill or note
comunicatlent to is required to be protested within a specified time or before
protest.
some further proceeding is taken , it is sufficient that the bill
has been noted for protest before the expiration of the specified
time or the taking of the proceeding ; and the formal protest
may be extended at any time thereafter as of the date of the
noting
Protest when 94. Where a dishonoured bill or note is authorised or
notary not
accessible . required to be protested, and the services of a notary cannot be
obtained at the place where the bill is dishonoured , any house
BILLS OF EXCHANGE. [ 9 OF 1885. ] 753
holder or substantial resident of the place may, in the presence
of two witnesses, give a certificate, signed by them , attesting
the dishonour of the bill, and the certificate shall in all respects
operate as if it were a formal protest of the bill .
The form given in the schedule to this ordinance may be
used with necessary modifications, and if used shall be sufficient.
95. The provisions of this ordinance as to crossed cheques Dividend
warrants may
shall apply to a warrant for payment of dividend. be crossed .
* *
97. ( 1. ) The rules in bankruptcy relating to bills of ex . Savings.
change, promissory notes, and cheques, shall continue to apply
thereto notwithstanding anything in this ordinance contained.
( 2.) The rules of common law including the law merchant, Ordinances
save in so far as they are inconsistent with the express pro- not affected.
visions of this ordinance, shall continue to apply to bills of
exchange, promissory notes, and cheques.
( 3. ) Nothing in this ordinance or in any repeal effected
thereby shall affect
(n. ) The provisions of the Stamp Ordinances, 1884, 1885, *
[* Repealed :
see No. 16
or ordinances amending the same or any law of 1856.]
enactment for the time being in force relating to
the revenue :
(1. ) The provisions of the Companies' Ordinance , 1865,
or ordinances amending it or any ordinance relating
to joint stock banks or companies :
( c.) The validity of any usage relating to dividend war
rants, or the indorsements thereof.
98. Where any ordinance or document refers to any enact- Construction
ment repealed by this ordinance, the ordinance or document with other
ordinance.
shall be construed , and shall operate, as if it referred to the
corresponding provisions of this ordinance.
SCHEDULE .
Form of protest which may be used when the services of a notary
cannot be obtained.
Know all men that I, A.B. of
at the request of
C.D., there being no notary public available , did on the
day of 188 at demand payment [ or acceptance of the
bill of exchange hereunder written, from E.F., to which demand he made
answer ( state answer, if any )wherefore I now, in the presence of G.H. and
J.K. do protest the said bill of exchange.
( Signed ) A.B.
G.H. 1
J.KS Witnesses.
X.B. — The bill itself should be annexed, or a copy of the bill and all that
is written thereon should be underwritten ,
[ 10 OF 1885. ) INCORPORATION OF THE VICAR APOSTOLIC OF THE
ROMAN CATHOLIC CHURCH .
1
No. 10 OF 1885. 1
An Ordinance for the Incorporation of the Vicar
Apostolic of the Roman Catholic Church in Hong
kong
[15th May, 1885. ]
* -X
Vicar Apos
tolic of the 1. The Right Reverend Joun TIMOLEONE RAIMONDI the
Roman Roman Catholic Titular Bishop of Acantho and holding the
Catholic
Church in ecclesiastical appointment of Vicar Apostolic of the Roman
Hongkong
be a boily
to Catholic Church in Hongkong, and his successors holding the
corporate,
said appointment or the Roman Catholic dignitary for the time
being having the supreme ecclesiastical jurisdiction in this 1
Colony, in the Roman Catholic Church , shall be a body corporate
and shall for the purposes of this ordinance have the name of
“ The Vicar Apostolic of the Roman Catholic Church in
Hongkong ,” and by that name shall have perpetual succession
and shall and may sue and be sued in all Courts of Justice and
before all Magistrates in this Colony, and shall and may have
and use a common seal, and the said seal may from time to time
break , change, alter, and make anew as to the said corporation
may seem fit, and the said corporation shall have full power to
acquire,, purchase, take, hold , and enjoy for the use of the
Roman Catholic Church in this Colony all lands, messuages ,
and tenements of what nature or kind soever for a life or lives ,
or for a term of years, and also all manner of goods and chattels
whatsoever, and the said corporation is hereby further empowered
from time to time by deed under its seal to mortgage, sell , or
demise, grant, convey, or otherwise dispose of any lands,
buildings, messuages, and tenements by this ordinance vested,
or that may hereafter be vested in the said corporation upon
such terms as the said corporation may see fit: provided always
that no lands, buildings, messuages, or tenements acquired with
public money or granted by the government of the Colony for
any special purpose previous to the passing of this ordinance
shall be disposed of without the consent of the Governor for the
time being in Council .
Lands, &c. , 2. The lands, buildings, messuages , and tenements in this
now vested in Colony at the time of the passing of this ordinance vested or
the Sacred
Congregation purporting to be vested in the Sacred Congregation of the
gation ofor the Propagation of the Faith or in the said Right Reverend John
Faith, Bishop TIMOLEONE RAIMONDI in his own right or as trustee for or
RAIMONDI
and the late procurator of the said Sacred Congregation or in the name of
INCORPORATION OF THE VICAR APOSTOLIC OF THE [ 10 or 1885.] ززز
ROMAN CATHOLIC CHURCH .
MARRIED WOMEN'S DISPOSITION OF PROPERTY. [ 12 or 1885. ]
the late Very Reverend Don Luigi AMBROSI as such procurator Reverend
or in any other person or persons as procurator or agent or as be vested , in
trustee or trustees for the said Sacred Congregation, and all tion.
the corpora
monies, securities for money, goods, chattels, and effects what
soever, the property of the saidSacred Congregation, or standing
in the name of the said Congregation or purporting so to be are
hereby transferred to and vested in the said corporation, but
subject as regards the said lands, buildings, messuages, and
tenements to the payment of the rents and the observance and
performance of all the covenants, conditions, and reservations
contained in the Crown leases or under leases or mortgages
under which the said lands, buildings, tenements are now or
may hereafter be respectively held.
3. Nothing herein contained shall affect or be deemed to Rights of the
affect the rights of Her Majesty the Queen , her heirs or successors, reserved .
or of any bodies politic or corporate, or other person or persons,
except such as are mentioned in this ordinance and those
claiming by , from , or under them .
No. 12 OF 1885.
An Ordinance entitled The Married Women's Disposi
tion of Property Ordinance, 1885.
[ 20th May, 1885. ]
* * > ** *
1. In this ordinance the word “ Land ” shall include land , Land.
messuages, and tenements, of any tenure situate within the
Colony , and any undivided share thereof.
The word " Estate ” shall include an estate in equity as well Estate.
as at law, and shall also include any interest, charge, lien, or
incumbrance in, upon , or affecting land either at law or in equity,
and also any interest, charge, lien or incunbrance in, upon,
or affecting money subject to be invested in the purchase of
land .
The expression “ money subject to be invested in the purchase Money
of land ” shall include money , whether raised or to be raised,'! subject
investedtoonbe
and whether the amount thereof be, or be not, ascertained , and the purchase
shall extend to stocks and funds and real and other securities of land .,
the produce of which is directed to be invested in the purchase
of land .
750 [ 12 of 1385. ] MARRIED WOMEN'S DISPOSITION OF PROPERTY.
Chief Justice , The expression “ the Chief Justice ” shall mean the Chief
Judge, Land Justice of the Supreme Court, and the expressions “ the Land
>
Officer and Land Office " shall mean the Land Office and Land
Officer of this Colony.
A married
woman with 2. A married woman may by deed dispose of any land and
husband's money subject to be invested in the purchase of land, and also
andcurrencia
by deed dispose of, disclaim, release, surrender, or extinguish any estate
acknow.
ledged may
which she alone, or she and her husband in her right, may have
in any land or in any such money, and also release orextinguish
dispose of
lands, any power which may be vested in , or limited , or reserved to
(3c.4 4 Will. her in regard to any land, or any such money , or in regard to
77, 78.] any estate in any land, or in any such money, as fully and
effectually as she could do if she were a feme sole, but no such
disposition, disclaimer, release, surrender or extinguishment
shall be valid and effectual unless the husband concur in the
deed by which the same is effected, nor unless the deed be
acknowledged by her as hereinafter directed.
Provided that the powers of disposition given to a married
woman by this ordinance shall not interfere with any power
which , independently of this ordinance, may be vested in , or
limited , or reserved to her, so as to prevent her from exercising
such power in any case, except so far as by any disposition made
by her under this ordinance she may be prevented from so
doing in consequence of such power having been suspended or
extinguished by such disposition.
Deed by mar- 3. Every deed to be executed by a married woman for any
ried woman to
be acknow
ledged.
of the purposes of this ordinance shall upon her executing the
[ 1bid . .. 79.) same, or afterwards, be produced and acknowledged by her as
her act and deed before a commissioner to be appointed as
hereinafter provided.
Examination 4. The commissioner before he shall receive such acknow
of married
woman apart ledgment, shall examine the roman apart from her husband
[from
Ibid.husban
s. 80.]d, touching her knowledge of such deed, and shall ascertain
whether she freely and voluntarily consents to such deed, and ,
unless she does so, shall not permit her to acknowledge the
same, and in such case such deed shall , so far as relates to the
execution thereof by such married woman , be void .
Appointment
of commis.
5. The Chief Justice may, whenever it seems desirable to
sioners . hiin so to do, appoint one or more commissioners for taking
[ Ibid. secs. acknowledgments by married women of the deeds to be executed
81 , 83. ]
by them as aforesaid, and such commissioners shall be removable
by and at the pleasure of the Chief Justice. The Chief Justice
may also from timeto time as occasion may require appoint a
special commissioner to take the acknowledgment of any par
ticularmarried woman in England or in any other place out of
the Colony.
MARRIED WOMEN'S DISPOSITION OF PROPERTY. [ 12 of 1885. ] 757
6. When a married woman acknowledges any such deed , the Person taking
commissioner taking such acknowledgment shall sign a memo- ment to sign
randum to be endorsed on , or written at the foot, or in the memorandum
margin of such deed , which memorandum , shall be to the follow- [ Ibid. 5.84. ]
ing effect, viz. :
“ This deed marked (here and some letter or other mark for
the purpose of identification ) was this day produced
before ine and acknowledged by therein
named to be her act and deed, previous to which
acknowledgment the said was examined
by me separately and apart from her husband touching
her knowledge of the contents of the said deed and
her consent thereto and declared the same to be freely
and voluntarily executed by her,"
and the same commissioner shall also sign a certificate of the
taking of such acknowledgment which may be to the following
effect, viz. :
“ These are to certify that on the day of
in the year 18 >
before me
the undersigned, A.B. a commissioner appointed for
the Colony of Hongkong, for taking the acknowledg
ments of deeds by married women pursuant to the
Married Women's Disposition of Property Ordinance ,
1885 , appeared personally
the wife of and produced a certain
indenture marked (here add the mark ) bearing date
the day of 18 and >
made-between ( insert the names of the parties ) and
acknowledged the same to be her act and deed, and I
do hereby certify that the said
was at the time of her acknowledging the said deed of
apparent full age and competent understanding, and
that she was examined by me apart from her husband,
touching her knowledge of the contents of the said
deed , and that she freely and voluntarily consented to
the same.")
7. Every such certificate, within 3 months of its being signed Certiticate
with affidavit
shall be lodged with the Land Officer, who shall examine the to be lodged
certificate and see that it is in due form, is duly signed by the inLand
Office .
commissioner and if the requisites in this ordinance in that [ 1bid. 8. 85. ]
respect have been complied with, shall cause the same to be
filed as record in the Land Office.
8. When the certificate is so filed, the deed so acknowledged Deed to take
so far as regards the disposition , disclaimer, release, surrender, timeof ack
nowledig
or extinguishment thereby made, shall take effect from the time ment.
of its being acknowledged, and the filing of the certificate shall [ Ibit. s. 86.]
have relation to such acknowledgment.
758 12 OF 1885. ] MARRIED WOMEN'S DISPOSITION OF PROPERTY.
15 OF 1885. WILD BIRDS PRESERVATION .
( 'opy of
certificate
9. The Land Officer shall, at any time deliver a copy , signed
evidence . by him , of any such certificate to any person applying for such
( Ibid .8. 88.] copy, and every such copy shall be received as evidence of the
acknowledgment of the deed to which such certificate refers.
Husband's
concurrence
10. If a husband is , in consequence of unsound mind, or
when dispen from any other cause, incapable of executing a deed, or if his
sed with .
[ Ibid . s. 11. )
residence is not known, or he is in prison, or is living apart
from his wife, either by mutual consent, or by sentence of
divorce, or from any other cause whatsoever, the Chief Justice,
may by an order to be made in a summary way upon the
application of the wife, and upon such evidence as to him shall
seem meet, dispense with the concurrence of the husband in any
case in which his concurrence is required by this ordinance, or
otherwise, and all acts and deeds to be done, executed , or made
by the wife in pursuance of such order, in regard to any land
or in regard to money, subject to be invested in the purchase
of land shall be as good and valid as they would have been if
the husband had concurred, but without prejudice to the rights
of the husband as then existing independently of this ordinance.
No. 15 OF 1885.
An Ordinance entitled The Preservation of Wild Birds
and Game Ordinance ,
[ 13th June, 1885. ]
AS it is expedient to make provision for the pre
WHsertEation of wildbirdsandgame:
*
Interpreta- 2. In this ordinance the words “ wild bird ” shall include
tion.
every description of wild bird ; and the word " game” shall
include every description of deer, hare, rabbit, pheasant, par
tridge, grouse, heath or moor game, black game, bustard, wood
cock, snipe, quail, landrail, wild -duck, and widgeon .
Penalty for 3. No person shall kill , wound , take, or attempt to kill ,
killing or
wounding, wound, or take any wild bird , or game, or use any gun , net, or
&c., birds,
without a
other instrument whatever for such purpose, without having
licence; and previously obtained a licence from the Governor in Council as
offering for hereinafter provided .
sale pheasant
or partridge And no person shall, from the month of April to the month
& September. of September both inclusive, offer for sale in this Colony any
pheasant or partridge.
WILD BIRDS PRESERVATION . [ 15 OF 1885 . 759
PRISON , Î18 OF 1885. )
Any person coinmitting an offence against this section shall
be liable, on summary conviction before a Magistrate, for a first
offence to a penalty not exceeding ten dollars, and for any
subsequent offence to a penalty not exceeding twenty -five
dollars with or without imprisonment with hard labour not
exceeding 1 month .
4. Where any person is found offending against this ordi- Penalty for
nance, it shall be lawful for any person to require the person so refusing
give nameto
offending to give his name, surname and place of abode; and and address.
in case the person offending, after being so required, refuses to
give his real name and place of abode, he shall be liable on
summary conviction thereof before a Magistrate to a penalty
not exceeding twenty -five dollars , in addition to any punish
ment which may be inflicted under section 3 .
5. The Governor in Council may, from time to time, at dis- Governor
cretion grant to any person, for such considerations and upon may grant
such conditions and for such periods not exceeding ten years licence to
at any one time and in such form as may, from time to time, take game,
be determined by the Governor in Council, permission to shoot &c.
and take game or wild birds or any particular descriptions of revoke such
game or wild birds within any particular districts or localities licence .
in this Colony.
If at any time any person to whom such permission has been
granted is, in the opinion of the Governor in Council, guilty of
any breach of any condition on which the same was granted ,
the Governor in Council may, by order, revoke the same.
No. 18 OF 1885.
An Ordinance entitled The Prison Ordinance, 1885. [ See Amend .
ment Ordi
nance No.13
[ 16th November, 1885. ] of 1889. ]
*
1. The Governor may from time to time make, and when Governor
made alteror revoke, orders for any of the following purposes, malers in
viz.: certain
matters,
( a . ) To set apart any available sites and buildings for the
purpose of a prison .
( 1. ) To discontinue the use of any prison and appropriate
the site and building's thereof to any other lawful
purpose .
( c.) To remove prisoners from one prison to another.
760 [ 18 OF 1885. ] PRISON .
( d .) To appoint fit persons to be respectively superintend
ents of prisons, chaplains and surgeons , and such
subordinate officers for the service of prisons as the
Governor may think necessary , and to remove such
persons from their offices, and to regulate the sala
ries to be paid to such persons.
Victoria Gaol 2. The site and buildings and prison known as Victoria Gaol
deemed a
prison . at the time of the coming into operation of this ordinance shall
be deemed to be a prison duly set apart under section 1 of this
ordinance.
Present 3. The Superintendent and officers of Victoria Gaol at the
officers toapbe time of the commencement of this ordinanceshall be deemedto
pointed under be duly appointed under section 1 of this ordinance . But such
nance . officers shall hold their offices by the same tenure, and upon
like terms and conditions, as if this ordinance had not passed.
Superintend- 4. Prisoners shall be under the control of superintendents of
ents.
prisons assisted by the prison officers appointed thereto under
the provisions of this ordinance.
Custody of 5. A prisoner shall be deemed to be in legal custody when
prisoners.
ever he is being taken to or from or whenever he is confined in
any prison in which he may be lawfully confined, or whenever
he is working outside or is otherwise beyond the walls of any
such prison in the custody or under the control of a prison
officer belonging to such prison, and any constable or other
officer acting under the order of any Judge or Justice of the
Peace, or officer having power to commit a prisoner to prison,
may convey a prisoner to or from any prison to or from which
he may be legally committed or removed .
Separation of 6. The requisitions of this ordinance with respect to the
prisoners.
separation of prisoners are as follows:
( 1. ) In every prison separate cells shall as far as possible
be provided equal in number to the average of the
greatest number of prisoners who have been
confined in such prison at any time during each of
the preceding five years.
(2. ) In every prison punishment cells shall be provided or
appropriated for the confinement of prisoners for
prison offences.
( 3. ) In a prison containing female prisoners as well as
males , the women shall be imprisoned in separate
buildings or separate parts of the same buildings,
in such manner as to prevent theirseeing, convers
ing, or holding any intercourse with themen.
(4.) In a prison where debtors are confined, means shall
be provided for separating them altogether from the
criminal prisoners.
PRISOX. [ 18 of 1885. ] 761
(5.) In a prison where criminal prisoners are confined,
such prisoners shall, as far as possible, be prevented
from holding any communication with each other,
either by every prisoner being kept in a separate
cell by day and by night, except when he is at
chapel or taking exercise, or by every prisoner being
contined by night to his cell, and being subjected
to such superintendence during the day as will,
consistently with the provisions of this ordinance,
proverit his communicating with any other prisoner.
( 6 ) In a prison where prisoners under the age of 16 years
are contined, they shall be kept separate from pri
soners of or above that age.
7. No cell shall be used for the separate confinement of a Cells to be
prisoner unless it has been approved in writing by the Governor approved by .
for the purpose, and the Governor shall not give his approval
in respect of any cell unless he is satisfied that it is of such a
size, and is lighted, warmed , ventilated, and fitted up in such a
manner as may be requisite for health , and furnished with the
means of enabling the prisoner to communicate at any time
with an officer of the prison ; but a distinction may be made in
respect of the use of cells for the separate confinement of
prisoners during long and short periods of imprisonment, and
in respectof the useof cells in which the prisoner is intended
to be employed during the whole day, or for a long or short
part thereof; and the Governor's approval inay be varied
accordingly, so as to express the period of imprisonment for
which each cell may be considered fit, and the number of hours
in the day during which the prisoners may be employed
theroin .
No punishment cell shall be used unless it has beenapproved
in writing by the Governor, and the Governor shall not give
his approval in respect of any such cell unless he is satisfied
that it is furnished with the means of enabling the prisoner to
communicate at any time with an officer of the prison, and that
it can be used as a punishment cell without detriment to the
prisoner's health, and the time for wbich it may be so used
shall be stated in the approval.
Every approved cell shall be distinguished by a number or
mark placed in a conspicuous position , and shall be referred to by
its number or mark in the Governor's approval , and the number
or mark of any approved cell shall not be changed without the
Governor's approval.
Any approval given by the Governor in respect of a cell inay
be withdrawn on such alteration taking place in such cell as to
762 [ 18 of 1885. ] PRISON .
render the approval, in his opinion, inapplicable thereto, and
upon an approval in respect of a cell being withdrawn, that
cell shall cease to be an approved cell for the purposes of this
ordinance.
Hard labour, 8. Hard labour for the purposes of sentences of imprisonment
[* 1887.
of See No.10
) with hard labour or penal servitude * shall be of two classes,
consisting, Ist, of work at the tread wheel, shot drill , crank ,
capstan, stone-breaking , or such other like description of hard
bodily labour as may be appointed by the Governor, which
work is hereinafter referred to as hard labour of the first class ;
2ndly, of such other description of bodily labour as may be
appointed by the Governor, which work is hereinafter referred
to as hard labour of the second class ; and in every prison where
prisoners sentenced to hard labour or penal servitude are
confined, adequate means shall be provided for enforcing hard
labour in accordance with the regulations of this ordinance; but
prisoners may be employed in hard labour of the second class
outside the walls of the prison under the control of a prison
officer belonging to such prison, and employment in the necessary
services of the prison may, in the case of a limited number of
prisoners, to be selected by the Superintendent as a reward for
industry and good behaviour, be deemed to be hard labour of
the second class.
Misdemean . 9. In every prison, prisoners convicted of misdemeanor, and
ants of the
1st and 2nd not sentenced to hard labour, shall be divided into at least two
divisions.
divisions, one of wbich shall be called the first division ; and
whenever any person convicted of misdemeanor is sentenced to
imprisonment without bard labour, the Court or Judge before
whom such person has been tried may order, if such Court or
Judge thinks fit, that such person shall be treated as a mis
demeanant of the first division, and a misdemeanant of the first
division shall not be deemed to be a criminal prisoner within
the meaning of this ordinance. Every person imprisoned under
any rule, order, or attachment for contempt of Court shall be
treated as a misdemeanant of the first division .
Aiding in 10. Every person who aids any prisoner in escaping or
escape.
attempting to escape from any prison, or who, with intent to
facilitate the escape of any prisoner, conveys or causes to be
onveyed into any prison any mask , dress, or other disguise, or
any letter, or any other article or thing, shall be guilty of
felony, and on conviction be sentenced to imprisonment with
hard labour for a term not exceeding two years.
Introduction 11. Every person who, contrary to the regulations of the
of
Articles into prisons, brings or attempts by any means whatever to introduce
prison. into any prison any spirituous or fermented liquor or tobacco or
PRISON . 763
[ 18 OF 1885. ]
opium, and every officer of a prison who suffers any spirituous
or fermented liquor or tobacco or opium to be sold or used
therein, contrary to the prison regulations, on conviction shall
be sentenced to imprisonment for a term not exceeding six
months, or to a penalty not exceeding twenty pounds, or both
in the discretion of the Court, and every officer of a prison
convicted under this section shall, in addition to any other
punishment, forfeit his office and all arrears of salary due to
him .
12. Every person who, contrary to the regulations of a Conveying
documents or
prison , conveys or attempts to convey any letter or other docu- articlesout of
ment, or any article whatever not allowed by such regulations a prison ..
into or out of any prison, shall on conviction incur a penalty
not exceeding ten pounds, and, if an officer of the prison, shall
forfeit his office and all arrears of salary due to him , but this
section shall not apply in cases where the offender is liable to a
more severe punisbinent under any other provision of this
ordinance.
13. The Superintendent shall cause to be affixed in a cons- Superintend
picuous place outside the prison a notice in English and in pareminitions for
Chinese setting forth the penalties that will be incurred by breaches ofed
the 3 prec
persons committing any oflence in contravention of the three ing sections.
preceding sections.
14. It shall be the duty of the Coroner to hold an inquest Inquest
held on a
to be
on the body of every prisoner who may die within a prison, death in pri
and in no case shall' any officer of the prison, or any prisoner personsCertain
Son .
dis
confined in the prison , or any person engaged in any sort of qualitied from
serving as a
trade or dealing with the prison, be a juror on such inquest. juror at such
inquests.
15. If any suit or action is prosecuted against any person Protection of
for any thing done in pursuance of this ordinance, such person persons
mainit acts
may plead that the same was done by authority of this ordi- done under ordi
nance; and if a verdict passes for the defendant, or the plaintiff hance .
becomes ponsuited , or discontinues his action after issue joined,
or if, upon demurrer or otherwise, judgment be given against
the plaintiff, the defendant shall recover costs as between
solicitor and client and have the like remedy for the same as
any defendant has by law in other cases ; and though a verdict
be given for the plaintiff in any such action, such plaintiff shall
not have costs against the defendant, unless the Judge before
whom the trial takes place certifies his approbation of the action
and the verdict obtained thereupon.
16. Offences under this ordinance , with the exception of Offences
felonies, and of offences for the mode of trial of which express felonies to be
provision is made by this ordinance, shall be prosecuted sum- prosecuted
summarily
marily before a Police Magistrate . before a
Vagistrate.
76-4 [ 15 Or 1885. ] P’RISON .
Governor in
Council
17. The Governor in Executive Council shall, as soon as
Comeilmay possible afterthe commencement of thisordinance, make rules
make rules
[ See No. 13 for the regulation and government of prisons, and for the duties
of 1889. ]
and conduct of the officers and other persons employed in
prisons, and of the Visiting Justices, and for the classification,
diet, clothing, maintenance, employment, discipline, instruction,
and correction of prisoners, and for all other matters relating
to prisons, and may from time to time repeal, alter, or add to
such rules, provided that such rules shall not be inconsistent
with anything contained in this ordinance . All such rules
shall be published in the Government Gazette, and shall from
the date of such publication be binding on all persons in the
same manner as if they had been contained in this ordinance.
But every such rule or repeal or alteration of a rule may be
disallowed by Her Majesty, and shall thereupon cease to have
effect from the date of the publication of such disallowance in
the Government Gazette. Until rules sball bave been made
under this section the regulations for the government of Vict
oria Gaol in force at the commencement of this ordinance shall
remain in force so far as they are not inconsistent with anything
contained in this ordinance .
Governor to 18. The Governor shall from time to time appoint, with
appoint Visit.
ing Justices. their consent, Justices of the Peace to be Visiting Justices for
periods to be specified in such appointments.
Visiting Justices shall, during the period for which they are
appointed, from time to time at frequent intervals visit all
prisons, and hear any complaints which may be made to them
by the prisoners, and shall report on any abuses within the
prisons, or any repairs that may be required, and shall further
take cognisance of any matters of pressing necessity and within
the powers of their commission as Justices , and do such acts
and perform such duties in relation to prisons as they may be
required to do or perform by the Governor, but subject to the
regulations with respect to the duties of l'isiting Justices to be
made by the Governor in Executive Council under this ordi
nance .
Commence
ment of
20. This ordinance shall come into operation on a day to
ordinance, be proclaimed by the Governor.
[ In force from the 1st February, 1886, by proclamation of the
30th January, 1886.]
PRISON . [ 18 or 1885. ] 765
Rules and regulations under section 17 for the management of the Thononfiction
in the Gazete
repeals all rules
prison at Victoria, Hongkong, and for the guidance of its and regulations
hrrettore made
or continued
officers, of the 22nd day of October, 1891 . under " The Pris
on Ordinance ,
1885."
[ Gazette 31st October, 1891. ]
1. The officers of the prison shall be - One Superintendent, one Surgeon ,
and such Chaplains and such subordinate officers as the Governor may from
time to time appoint. The Superintendent shall reside in the prison.
2. The Superintendent may punish any subordinate oflicer for misconduct,
or negleet or breach of duty, by a fine not to exceed ten dollars, or by degra
dation to a lower rank and pay. He shall enter any such exercise of anthor
ity in his journal, and also in the officers' misconduct book, and report the
same without delay to the Governor. He may apply all fines to the general
good of the officers in such manner as may be approved by the Governor .
3. The Superintendent may uot grant more than one week's vacation or
sick leave without authority from the Governor.
4. The Superintendent shall frequently test the quality and quantity of
the rations supplied to the prisoners, and should the quality be found to be
bad or the quantity deficient, he shall note the same in his journal, call on
the contractor to make it good, and, if he consider it necessary , report the
same to the Governor.
5. The Superintendent shall from time to time visit the prisoners at their
meals, and shall enquire into any complaint that may be made to him regard
ing their food .
6. The Superintendent shall use his discretion in bringing to the notice of
the Governor the case of any child of tender years who may be sentenced to
imprisonment, and carry ont the Governor's instructions concerning such
child .
7. The Superintendent shall use his best en leavours to assist in the iden
tification of prisoners, and with that object shall furnish to the Police any
information in his power.
8. The Superintendent shall , when present, invariably accompany the
Visiting Justices in their visits of inspection to the prison, shall inform them
of any prisoner who wishes to see them , and shall otherwise assist them so
far as he is able. During the inspection of the prison either by Visiting
Justices, or by the Governor or any other officer of rank, the prisoners should
not be taken off their usual work or orilered to stand at attention . Every
facility , however, must be given to those who wish to communicate with the
officers inspecting, and the Superintendent shall see that due opportunities
are provided.
9. The Superintendent shall take care that the notice board required by
The Prison Ordinance, 1885 , section 13, to be placed in some conspicuous
place outside the prison, cautioning persons against bringing spirits, opium ,
tobacco, money , letters, or other prohibited articles into the prison , is duly
maintained .
766 [ 18 OF 1885. ] PRISON ,
10. The Superintendent shall, with the warden , enforce the highest pos
sible degree of cleanliness in every part of the prison, in the persons of the
prisoners, their clothes and bedding, and see that the bedding and clothing
are all in proper repair.
11. The Superintendent shall deliver daily to the Surgeon a list of pris
oners in solitary confinement, and of such as may have complained of sick
ness, sores, or any other ailment, without any exception, whether he thinks
such complaint gromdless or not ; also a list of prisoners who have recently
suffered, or are about to suffer, corporal punishment, or solitary confinement;
and shall call his attention to any case of insanity or apparent insanity occur
ring among the prisoners.
12. The Superintendent shall take every precaution to prevent fire , or the
escape of prisoners ; and shall cause all the wards, cells, bolts, bars, and locks
of the gaol to be thoroughly examined daily.
13. The Superintendent shall cause to be fully explained to every officer
his general duties, and especially those required of him in case of fire, or in
case of any attempt to escape made by either a single prisoner, or several in
concert.
14. The Superintendent shall take proper and discreet means to ascertain
that no visitors to prisoners bring into the prison anything not permitted by
the rules of the prison, or, in his opinion, objectionable. The Superintendent
shall on no account allow the employment of prisoners as servants by any
officer of the gaol.
15. The Superintendent or, in his absence, the warden may, on reasonable
grounds of suspicion, require that visitors to prisoners be searched in his
presence, except in the case of females, who shall be searched in a private
room by the matron . Should such visitors refuse to be searched, or to give
their names and addresses, he may refuse them admittance.
16. The Superintendent shall see that the proper number of prisoners
required by the Surveyor General for the Public Works are sent out at the
proper time, with a sufficient number of well-armed officers for their safe
custody, and he shall occasionally visit them while at work .
17. The Superintendent may permit any respectable person to view the
prison at reasonable hours, accompanied by an officer, who shall caution such
visitor agaiust conversing with any prisoner.
18. The Superintendent sball pay attention to the ventilation, drainage,
and sanitary condition of the prison, and take such measures as may be neces
sary for their being maintained in perfect order ; and with the Surgeon shall
frequently examine and see that the washing places, baths, and closets are
in efficient working order ; and it shall be the duty of every officer to report
at once any defect by which these arrangements do not effect their proper
object.
19. The Superintendent shall visit prisoners in solitary confinement,
occasionally visit the wards and cells at night, and keep a general supervision
over the mark system .
20. The Superintendent shall hear the reports every day, at such an hour
as is most convenient, and shall take care that every prisoner having aa com
plaint to make, or request to prefer to him , shall have ample facilities for
doing so ; and he shall redress any grievances, or take such steps as may
scem necessary, recording the same in the prisoners' interview book.
21. The Superintendent shall forward to the Governor without delay any
report or complaint which any officer of the prison may desire to make to
him , and shall on no account suppress it ; but he may offer any explanation
with it which may seem to him requisite.
PRISON , [ 18 of 1885. ] 767
22. The Superintendent shall enforce the observance of silence through
out the prison, and prevent all intercourse or communication between the
prisoners, so far as the formation and the conduct of the business of the prison
or the labour of the prisoners will permit, aud shall take care that all neces
sary and unavoidable intercourse or communication between prisoners be
conducted in such manner only as he shall from time to time direct.
23. The Superintendent shall take care that no prisoner is subjected to
any punishment which the Surgeon is not satisfied he is capable of under
going ; and shall see that the written recommendations of the Surgeon are
attended to as to the supply of any additional bedding or clothing, or altera
tion of diet for any prisoner, or with respect to any alteration of discipline or
treatment in the case of any prisoner whose mind or body appears to
require it .
24. The Superintendent shall cause an inventory to be kept of all
clothing, bedding, tools, furniture, & c ., under his charge, which shall be
verified half-yearly ; and he shall satisfy himself of the correctness of the
inventory, and shall countersign the same. All unserviceable and unrepair
able articles at such times shall be brought forward for inspection, that they
may be condemned and sold , or otherwise disposed of.
25. The Superintendent shall exercise his authority with firmuess, temper,
and humanity . His object should be not only to give full effect to the
sentence awarded to the prisoners, but also to induce iu them practical habits
of industry, regularity, and good conduct.
26. The Superintendent shall submit to the Governor, by the 1st of
February in each year, an annual report of the prison for the previous year,
referring to all subjects of interest connected with the prison.
27. The Superintendent shall enter in the Superintendent's order book
all permanent orders which he shall issue relating to the management and
discipline of the prison .
28. The Superintendent shall, a few days before the 18th of each month
or such other time as may be fixed for the opening of the Supreme Court
Sessions, on the occasion of prisoners who are committed for trial being
served with the usual informations, ask each man if he wishes to see his
Counsel or Solicitor or to call any witnesses for his defence ; and shall at
once iuform the Police authorities in order that such witnesses may be if
necessary summoned to appear at the Sessions. The Superintendent will
record this in his journal, stating the number of prisoners who have been
asked the question , and their replies to it .
29. The Superintendent shall be responsible for the due discharge of the
prisoners at the expiration of their sentences.
THE WARDEN .
30. The warden shall assist the Superintendent in his duties, acquaint
himself with the rules and regulations of the prison, and see that they are
strictly carried out both by the subordinate officers and prisoners.
31. The warden shall reside in the prison , or at a place appointed by the
Governor, and shall not absent himself from his quarters for a night without
the permission of the Superintendent. He shall take charge of the prison
during the temporary absence of the Superintendent and shall not leave it
during such absence ; nor during the presence of the Superintendent without
his permission.
768 ( 18 OF 1885. ] PRISON .
32. A deputy warden shall be appointed by the Superintendent to act
during the absence of the warden, such deputy to have all the powers,
authorities, and responsibilities of the warden, who shall, before leaving the
prison, personally give over charge to the deputy, with all necessary in
structions.
33. The warden shall take care that every prisoner on admission is put
into a reception cell and strictly searched, and that all knives, weapons,
instruments, money, opium , tobacco, or anything forbidden by the rules or in
the opinion of the Superintendent objectionable, or anything likely to facili
tate escape, be taken from such prisoner. As far as practicable no such
search shall take place in the presence of any other prisoner,.
34. On the admission of each prisoner, it shall be the duty of the warden
or clerk to record in the prison register or nominal record of prisoners, the
name, age, height, weight, features, particular marks and general appearance
of such prisoner, with anything else worthy of notice.
35. The warden shall take care that all articles taken from prisoners,
with their clothes and other effects, and all such things as may from time to
time be sent in on the prisoner's account shall be entered in the prisoners'
property book, with the date of their receipt and restoration ; and that all
such property shall be kept in a suitable place to be provided for the pur
pose, and shall be restored to the prisoner on his discharge; except such
clothes as it may be considered necessary to destroy , or such money or pro
perty as the Governor may think fit to confiscate, or to allow the prisoner to
have to assist him in his defence on his trial.
36. On being brought into the prison , prisoners shall be carefully searched ,
and all money , valuables, & c. found in their possession will be at once entered
in the “ Property Book .'
37. The head turnkey on duty shall, before prisoners are told off to cells,
&c., check the “ Property Book " and inform the prisoner of the description
of property recorded . All money and valuables shall then be handed over
to the warden to be locked up. The head turnkey shall initial the “ Property
Book " as to the correctness of the entries, & c.
38. The warden shall attend every corporal punishment inflicted within
the prison, and enter in the Occurrence Book the day and hour of the infliction
of the punishment, with the number of strokes, and the direction of the
Surgeon thereon.
39. The warden shall in no case inflict any punishment without the orders
of the Superintendent, or in the case of corporal punishment, without a
certificate personally given in writing by the Surgeon, that the person to be
punished is in a fit state of bealth to receive the number of strokes awarded
to him without injury.
40. The warden shall take care that prisoners have an opportunity of
making complaints or requests to him , and he shall either take steps to
redress any grievance, or shall report the same to the Superintendent.
41. The warden shall take care that any prisoner who wishes to see the
Superintendent, or Visiting Justices shall have an opportunity of doing so.
42. The warden shall frequently visit the workshops, yarıls, and corridors,
and see that the prisoners are kept at their work . He shall also occasionally
visit the wards without previous notice during the night, to ascertain that
the officers on duty are on the alert. He shall diligently observe the
behaviour of all subordinate prison officers and see that they strictly adhere
to the rules, and shall report immediately to the Superintendent any neglect
or misconduct that may come to his knowlelge.
PRISOX . [ 18 of 1885. ] 769
43. The warden shall be responsible to the Superintendent that the details
of duties connected with order and discipline of the prison are carried out
with promptness and regularity, and in strict accordance with the regulations.
He shall also enforce the greatest economy.
44. The warden shall daily inspect every part of the prison, see that every
thing is clean and in good order, and that the means of security in the
different yards, & c. , are effective. Ile shall pay special attention to prisoners
in solitary confinement. He shall see tl.at no ladders, planks, ropes, chains,
or anything likely to facilitate escape are left exposed in the yards.
45. The warden shall superintend the parade of the working parties, and
shall be careful that they are despatched to their labour with regularity and
without loss of time. He will check their numbers on their departure from,
and on their return to the prison, and will see that the good conduct marks
earned by each prisoner have been communicated to him .
46. The warden shall superintend the issuing of the prisoners' meals ;
shall take care that their clothing is in proper repair, their hair kept in good
order, and their washing, shaving and bathing attended to .
47. The warden shall at once communicate to the Superintendent every
circumstance which may come to his knowledge likely to affect the security,
health, or discipline of the prisoners, efficiency of the subordinate officers, or
anything which may in any way require his attention.
48. The warden shall take care that every article of food supplied for the
use of the prisoners is sound and of good quality ; and that the scales,
weights, and measures in use in the prison for the issue and distribution of
provisions, stores, &c., are accurate and in proper order.
49. The warden shall keep such books and accounts as may be prescribed
by the Superintendent, and shall assist the Superintendent in keeping a
correct inventory of all clothing, bedding, furniture, tools, and cooking utensils
in the prison .
50. The warden shall cause the whole of the prisoners to be counted
twice daily, and satisfy himself that the number is correct.
51. On parading the officers both for day and night duty, the warılen shall
see that they are in all respects fit for, and properly acquainted with their
dnties . He shall also read to them any new orders from the Superintendent's
Order Book .
52. The warden shall endeavour to exercise a sound moral influence over
both the officers and prisoners placed under his supervision. He shall
restrain by his authority every tendency to oppression or undue harshness on
the part of the subordinate officers, and likewise every tendency to levity,
rudeness , and insubordination on the part of prisoners, and shall aim to raise
the minds of the officers to a sense of their responsibility.
53. The warden shall see that the keys are securely disposed of for the
night, under such regulations as may be established by the Superintendent.
He shall see that the rules relating to visits to prisoners are carried out in aa
proper manner .
54. The warden shall take care that no articles of clothing are issued
until they have been properly marked with the prison marks.
55. The warden shall make a weekly inspection of the officers' quarters,
and report the result.
THE HEAD TURNKEYS .
56. The head turnkeys shall have assigned to them the immediate charge
of such prisoners, and such parts of the prison as the Superintendent or the
770 [ 18 of 1885. ] PRISON .
warden may direct, and shall be responsible for the maintenance of proper
order and discipline among such prisoners, and such portions of the prison.
57. The head turnkeys shall perform such duties as may from time to
time be prescribed by the Superintendent for the purpose of preventing
communication between the prisoners, and enforcing diligence, cleanliness,
order, and conforunity to the rules of the prison. Each head turnkey shall in
turn take charge of the prisoners employed on public works, and shall take
particular care that the rules relating to the management of such prisoners
are carried out in their integrity.
53. Each head turnkey shall in turn perform duty at night, and shall take
charge of the prison under the Superintendent and warlen ; to whom he shall
report any event of importance which may happen during the night, and
shall see that the rules relating to the officers on night duty are strictly
enforced .
59. The lead turnkeys shall see that the officers leave for and return
from their meals punctually and shall report any breach of the rules in this
respect.
60. The herul turnkeys shall see that the prisoners are kept strictly to
their labour, and shall diligently observe the behaviour of all the subordinate
officers as well as of the prisoners, and see that all strictly adhere to the
rules; and shall report immediately to the warden any neglect or misconduct
that may come to their knowledge.
61. The head turnkeys shall especially attend to the carrying into effect
all orders as to punishments to be inflicted on prisoners, and shall see that
prisoners in solitary confinement are provided with necessaries.
62. The head turnkeys (a) shall frequently inspect every part of the
prison, and ascertain that all locks, bars, bolts, and other means of security
are in good order, and that the prisoners have not in their possession any
prohibited articles, for which purpose they may search the persons of the
prisoners frequently ; ( b) Shall occasionally inspect the turnkeys' quarters,
water closets, and all other places connected with the prison, and see that
they are kept in proper order ; (c) Shall see that the fire engine, fire pumps,
and extincteurs are in good workiug order, and that the fire buckets are at all
times kept filled with water ; ( d) Shall see that the water-pipes and cocks,
and those for the supply of gas are in working order, and that no leakage
exists .
63. Each head turnkey shall in turn superintend the unlocking and
assembling of the prisoners for their morniny meal, and the mustering,
searching, and locking up in the evening.
64. Each hcad turnkey shall in turn assist in giving over charge of the
prison to the officer in charge of the night duties, and for that purpose shall
accompany him round the prison at 6 P.M., and shall see that all the locks
are tried throughout the prison and that the keys are given over to him .
65. Each head turnkey shall in turn issue library books to the European
prisoners weekly ; taking care that the books are returned by the prisoners
in proper condition .
66. During the head turnkey's turn on Sunday duty he shall on no account
leave the prison from 2 P.M. on Saturday, until 6 A.J. on the Monday following,
unless permitted to leave for a short time by the warden, who shall during
such absence act for him ,
THE MATRON .
67. The matron shall reside in the place allotted for female prisoners,
and be under the orders of the Superintendent,
PRISON .
[ 18 OF 1885. ] 771
68. The matron shall carry out all the rules laid down for the direction of
the warden as to male prisoners, so far as such rules are applicable to female
prisoners.
69. The matron shall be present at the distribution of food to the prisoners ;
inspect that part of the prison allotted to females daily, see every prisoner at
least twice in each twenty - four hours, and shall at least once a week visit
tlie female ward without previous notice during the night.
70. The matron shall not be absent from the prison without the permission
of the Superintendent, and when she obtains leave shall enter it in her
journal.
71. The matron shall take care that no male officer or visitor enters the
part of the prison allotted to females, unless accompanied by herself, or some
other female officer.
72. The matron shall search female prisoners on admission, and so often
afterwards as she thinks necessary ; and shall see that they are bathed and
properly clothed in the prison dress.
73. In case of necessity and with the sanction of the Superintendent, the
matron may delegate her duties to the wife of an officer of the prison, or some
other married woman .
74. The matron shall keep in her possession the keys of the cells and
wards of the female prisoners, and the locks and keys of such cells and wards
shall be different from those of the cells and wards of the male prisoners.
75. The matron shall see that the wards, cells, and yards of the prison
allotted to females are kept scrupulously clean. She shall pay special
attention to female prisoners in solitary confinement.
THE PRISON OFFICERS .
76. All subordinate officers shall obey the commands of the Superintendent
in the performance of their duties.
77. Subordinate officers shall thoroughly acquaint themselves with the
rules and regulations of the prison so as to be conversant with every detail ;
they shall frequently examine the state of the cells, bedding, locks, bolts, &c.,
and shall seize all prohibited articles, and deliver them to the Superintendent
forth with .
78. No subordinate officer shall on any account enter a prisoners' cell at
night without being accompanied by another officer except in cases of
imperative necessity .
79. Subordinate officers (except those who are temporarily engaged, who
shall not have completed their probation, or who shall be dismissed for
misconduct) shall, on their services being dispensed with, be entitled to a
month's notice or a month's pay in lieu of notice. Subordinate officers whose
probation has not been completed or whose services are no longer required
shall be entitled to a week's notice or a week's pay in lieu of notice ; but if
they commit an offence meriting it they shall be liable to be discharged at
once. Officers who wish to resign their situation shall give a month's notice
or forfeit a month's pay.
80. No subordinate officer shall absent himself from the prison without
permission from the Superintendent, and when leaving the prison he shall
not carry his keys or book away with him .
81. Officers shall on no account leave their keys lying about ; but shall
on leaving their post deliver them to the officer appointed tɔ receive them.
772 [ 18 of 1885. ] PRISON .
82. All officers, without exception, shall treat the prisoners with kindness
and humanity, shall listen patiently to their complaints, shall inform the
warden when any prisoner desires to see him or the Superintendent, and
shall be firm in maintaining order and discipline, and enforcing an observance
of the rules of the prison .
83. Subordinate officers shall not sit down or lounge about during their
turn of duty ; but shall always be alert and watchful, keeping their faces
towards the prisoners under their charge.
84. Subordinate officers shall examine the prisoners' clothing, and see
that it is at all times in proper repair.
85. Subordinate officers are prohibited, on pain of dismissal, from borrow
ing money from any person connected with a contract for the supply of food
or other articles for the use of the prison.
86. No officer of the prison shall be a bailiff nor be concerned in any
trade or other occupation , but shall give his whole time and attention to the
service of the prison.
87. All such officers shall treat the Visiting Justices, Judges, Members
of the Council, and Magistrates with courtesy and respect.
88. Any subordinate officer desiring to appeal against any decision of the
Superintendent which affects him shall state bis complaint in writing, for the
consideration of the Governor.
89. All officers of the prison shall direct the attention of the Superintend
ent to any prisoner who may appear to bim not to be in health, although he
may not complain, or whose state of mind may appear to him deserving of
special notice and care, in order that the opinion and instructions of the
Surgeon may be taken on the case .
90. Any officer who shall be guilty of assaulting or otherwise molesting
any prisoner, cither within or without the prison premises, unless compelled
to do so in self -defence or for some other lawful purpose, shall be at once
suspended with a view to his dismissal, and even if compelled to strike in
self-defence, no unnecessary violence should be used .
91. No subordinate officer, on any pretence whatever, shall fail to make
an immediate report to the Superintendent, or other his superior officer, of
any misconduct or wilful disobedience of the prison regulations.
92. No subordinate officer shall unnecessarily converse with a prisoner,
nor allow any familiarity on the part of prisoners towards himself, or any
other officer of the prison ; nor shall he on any account speak of his duties,
or of any matters of discipline or prison arrangement, within hearing of the
prisoners.
93. No officer shall without the permission of the Superintendent, bring
in or carry out, or knowingly allow to be brought or carried out, to or for
any prisoner, any money, clothing, provisions, tobacco, letters, papers, or
other articles whatsoever ; or shall give, or cause to be given to any prisoner
such articles ; and any officer who infringes this rule shall be forth with
suspended from his office by the Superintendent, who shall report his case to
the Governor that the offender may be dealt with under sections 11 and 12
of The Prison Ordinance, 1885.
94. If they can be spared subordinate officers may be allowed leave on
Saturday afternoon after the prisoners are locked in their cells, and on Sunday,
Good Friday, Christmas Day, and Government Holidays, and at other times
when they can be spared .
PRISON . [ 18 OF 1885. ] 773
95. Any officer, on entering the prison service, may be employed in any
part of the Colony, wheresoever it may seem fit to the Governor to employ
him .
96. No subordinate officer shall punish a prisoner, except when ordered to
do so by the Superintendent.
97. Each subordinate officer will be taken on probation for the first three
months of his service ; his appointment will not be confirmed at the expira
tion of three months unless the officer has proved himself in all respects fitted
for the post .
98. No officer of the prison shall smoke or chew tobacco while on duty,
or take tobacco inside the inner gate of the prison .
99. Every subordinate officer of the prison who shall fail to exercise a
proper vigilance over the prisoners committed to his charge, or to perform
any duty enforced upon him by the regulations of the prison ,or shall wilfully
or carelessly disobey, neglect or evade, or permit to be disobeyed, neglected ,
or evaded, any rule, regulation, or order, lawfully made and provided in
respect of such prison, shall be liable to be dealt with by the Superintendent
under rule No. 2 .
100. The subordinate officers shall conduct themselves in an orderly and
respectable manner at all times when off duty .
101. When on duty subordinate officers shall appear neatly dressed in the
uniform of the prison . Uniforms will be supplied to them half-yearly , viz .,
two suits wbite summer clothing, with boots, helmet and puggarees in May ;
and one cloth suit, with boots and cap in November. They will be supplied
with an overcoat every fourth year.
102. Subordinate officers suspended from duty and afterwards restored to
ibeir situations shall not receive any pay for the timeduring which they shall
have been suspended , except by special order of the Governor.
103. All subordinate officers, on being relieved from any particular duty,
or transferred to another part of the prison, shall point out to their successors
all matters of special importance connected with their duties, and explain any
directions of the Superintendent, or other superior officer, affecting any
particular prisoner.
104. Any subordinate officer disabled from the regular performance of his
duties by illness shall report the same to the Colonial Surgeon, who will, if
necessary, oriler his removal to the Government Civil Hospital; and during
the time he is there he shall conform to the rules of that establishment, and
pay such charges as may be claimed for his maintenance and treatment.
105. No officer shall directly or indirectly have any interest in any con
tract or supply connected with the prison nor shall he receive, under any
pretence whatever, any fee or gratuity from any person connected with such
contract or supply .
106. All officers of the prison shall be liable to dismissal for improper
conduct.
107. Officers confined to hospital or otherwise incapacitated from duty
from venereal disease or other cause arising from their own indiscretion shall
forfeit half their pay during the period of their being so incapacitated .
SURGEON
108. The Surgeon shall have the medical charge of all the prisoners in the
prison, and of their treatment when sick . He shall also give medical advice
and assistance, including medicine, to the officers of the prison and their
families. He shall report from time to time, as may be directed , upon the
774 [ 18 OF 1885. ] PRISON .
sanitary condition of the prison, and health of the prisoners and the prison
officers, and in reference to any other point in connection with the maintenance
of health in the prison upon which he may be directed to report.
109. The Surgeon shall visit the prison hospital every morning ( and
oftener if necessary) and attend to both the complaining sick and those in the
hospital. He shall inspect the newly admitted prisoners and pass them for
hard labour or otherwise. He shall visit the punishment cells , and see the
prisoners confined therein , as also all prisoners before they are put on penal
diet .
110. The Surgeon shall attend without delay at the prison at any hour on
being summoned by the Superintendent, who shall be responsible for the
reasonableness of the summons.
111. The Surgeon shall enter in a journal to be kept in the prison
(a.) Any observations or suggestions he may deem it important to make
on the diet of prisoners not in hospital .
(b.) A short daily record of any sick prisoners under bis treatment,
whether they are in hospital or not; their names, the nature of
their complaints, and the treatment pursued .
(c.) His orders for such additional articles of food or clothing as he may
deem necessary for the health of any prisoner not in hospital, and
the medical reasons for such orders . Such orders shall be entered
in the Superintendent's daily return , and submitted to the Gov.
ernor .
112. The Surgeon shall visit prisoners in separate cells who have given
notice to the Superintendent that they are unwell and wish to see a doctor.
113. No medicine shall be administered to any prisoner without the Sur
geon's orders .
114. The Surgeon shall regulate the hours of exercise and of labour of
prisoners out of health.
115. The Surgeon shall examine every prisoner on whom corporal punish
ment is about to be inflicted , before it takes place, and give a certificate of
his fitness to receive it or not. He shall be in attendance when such punish
ment is inflicted. After such punishment, he shall daily attend to and examine
such prisoner, until his person is quite healed .
116. The Surgeon shall examine the food provided for the prisoners, and
inspect every prisoner weekly, and daily when epidemic disease exists in the
neighbourhood.
117, The Surgeon shall give written directions for separating prisoners
having infectious complaints, or suspected of having them ; and for cleansing,
disinfecting, or destroying any infected apparel or bedding.
118. The Surgeon shall report to the Superintendent the case of any
prisoner about to be discharged who may be suffering from acute or dangerous
disease ; in which case the prisoner shall not be discharged, uuless he demand
it .
119. The hospital warders shall be under the immediate orders of the
Surgeon, and shall be present at such times, and perform such duties as he
may require from them , consistently with their position in the prison.
120. The Superintendent shall place at the disposal of the Surgeon well
conducted prisoners, who can safely be entrusted with the duty of attending
upon the sick , not exceeding in mumber one to every ten patients.
PRISON . ( 18 OF 1885. ] 773
121. The Surgeon shall report to the Superintendent any irregùlarity in
the prison hospital which may come to his knowledge, or any difficulty or
obstruction which he may meet with in the performance of his duty.
122. The Surgeon shall examine all candidates for employment as subor
dinate officers or servants of the prison, and report whether they possess the
necessary qualifications as to health and strength .
123. The Surgeon shall take care that all medicines and stimulants are
properly locked up, and are not accessible to any prisoner ; and when there
is no paid dispenser, he shall issue day by day to the hospital warder all
medicines and stimulants to be administered in his absence.
124. The Surgeon's journal shall be laid before the Governor at least
once in each quarter of the year, and he shall report at the same time on the
condition of the prison and the health of the prisoners and officers recording
any want of cleanliness, proper drainage, warmth, ventilation, or any insuffi
ciency or bad quality of bedding, clothing, provisions or water.
125. The Surgeon shall deliver to the Colonial Secretary, as soon as
possible after the close of December in each year, a report in which shall be
detailed the number of sick among the prisoners during the year just closed,
the mortality, the sanitary condition of the prison , and what diseases have
been most prevalent therein . He shall point out any defects in the con
struction or management of the prison to which such sickness may be attri
buted, and also what precautions should be taken to prevent the same.
THE CHAPLAINS .
126. The Chaplains shall conduct Divine Service with the prisoners of
their respective religions at least once on Sundays, and perform such other
religious offices as they may think fit, and may visit each of such prisoners
in his or her cell as often as they may think fit at reasonable times. To sick,
dying, or condemned prisoners they shall have access at any time .
127. The same privileges shall be allowed to every recognised minister
in respect of the prisoners of his own religion .
128. The Chaplains shall inform the Superintendent whenever they may
observe the mind of any prisoner to be liable to be injuriously affected by
any punishment awarded .
129. No prisoner shall be obliged to attend any service to which he may
object on religious grounds, unless in the opinion of the Superintendent such
objection is frivolous and vexatious.
130. The Chaplains shall record their visits in the Visitor's Book , and
shall notify the times of the celebration of the Holy Communion . Prisoners
desiring to communicate must signify their wish to them before the time
appointed .
131. The Chaplains shall, in carrying out their duties, be careful not to
interfere with the established rules and regulations of the prison, or the
routine of discipline and labour.
132. The Chaplains shall confer with the Superintendent on all points
connected with their duty, and they shall co -operate with him , and with the
other officials of the prison, in promoting the good order of the establishment,
so far as concerns the duties of their office.
133. The Chaplains shall once a year present to the Governor a report
of such points connected with their department as they may think it desirable
to bring before him .
776 ( 18 of 1885. ] PRISON .
134. A Library shall be provided for the prisoners, consisting of such
books as may from time to time be approved by the Chaplains and sanctioned
by the Governor.
THE VISITING JUSTICES .
135. The Prison shall be open to all Justices of the Peace at all reason
able times.
136. Two Visiting Justices (one official and one non -official) shall, in
company if possible, visit the prison at least once a week , and on other days
when their presence may be required .
137. The Visiting Justices shall inspect the prison and prisoners, and
hear any complaints which may be made to them by the prisoners, and shall
report on any abuses within the prison, or any repairs which may be required ;
and shall enter in the Visiting Justices' Book any statement in respect
thereof with any suggestions or remarks which they may wish to bring to
the notice of the Governor as to the state and discipline of the prison. They
shall pay special attention to prisoners in hospital and solitary confinement.
138. If the Superintendent shall represent to them that he has, in case of
urgent necessity, put a prisoner in irons, or under mechanical restraint, and
that it is necessary that such prisoner should be kept in irons, or under
mechanical restraint for more than twenty -four hours, the Visiting Justices
may authorise such detention by order in writing, which shall specify the
cause thereof, and the time during which the prisoner is to be kept in irons,
or under mechanical restraint .
139. The Visiting Justices shall inspect the diet of the prisoners, and if
they shall find that the quality of any article does not fulfil the terms of the
contract they shall note the fact in their book .
140. The Visiting Justices shall also discharge such other duties as are
assigned to them in the special rules for special classes of prisoners, and in
the general rules.
SPECIAL RULES
for prisoners awaiting trial, those remanded from the Police Court,
and those committed for the first time in default of
finding security.
141. Prisoners mentioned under this heading shall be kept apart from
convicted prisoners and shall not be allowed to associate with them at any time.
142. Such prisoners shall not be required to take a bath on reception, if,
on the application of the prisoner, the Superintendent shall decide that it is
unnecessary, or the Surgeon shall state that it is for medical reasons unad
visable .
143. In order to prevent such prisoners from being contaminated by each
other, or endeavouring to defeat the ends of justice, they shall be kept
separate, so far as the prison accommodation will allow , and shall not be
permitted to communicate together.
144. The Visiting Justices or Superintendent, before granting any per
mission which by these rules they are authorised or required to grant, shall
satisfy themselves that it can be granted without interfering with the
security, good oriler, and government of the prison and prisoners therein ;
and if, after it has been granted , its continuance seems likely to cause any
such interference, or if the prisoner has abused such permission, or has been
guilty of any misconduct, the Visiting Justices shall have power to suspend
PRISOX , [ 18 of 1885. ] 777
or withdraw such permission, and in like circumstances the Superintendent
may withdraw or suspend the same when it bas been granted by himself, or
suspend it when it has been granted by the Visiting Justices if the case is
urgent, provided he report the case as soon as possible.
145. The Visiting Justiees or the Superintendent shall, on the application
of any such prisoner, if, having regard to his ordinary habits and condition of
life they think such special provision should be made in respect to him ,
permit any such prisoner
1. To occupy a suitable room or cell specially fitted for such prisoners,
and furnished with suitable bedding and other articles, in addition
to, or different from those furnished for ordinary cells .
2. To exercise separately, or with selected untried prisoners, if the
arrangements and the construction of the prison permit it.
3. To have, at his own cost, the use of private furniture and utensils
suitable to his ordinary habits, subject to the approval of the
Superintendent.
4. To be relieved from performing any menial unaccustomed work.
146. The Superintendent may modify the routine of the prison in regard
to any such prisoner, so far as to dispense with any practice which , in the
Superintendent's opinion, is clearly unnecessary in the case of that particular
prisoner.
147. Any such prisoner who prefers to provide his own food for any day
shall give notice thereof beforehand at tlie time required ; but the Super
intendent shall not permit any such prisoner to receive any prison allowance
of food for the day for which he procures or receives food at his own expense.
Such prisoners shall also be allowed to wear their own clothes if sufficient
and fit for use .
148. Such food shall be received only at hours to be fixed from time to
time, and shall be inspected by an officer of the prison and shall be subject to
such restrictions as may be necessary to prevent luxury or waste .
149. No such prisoner shall, during twenty -four hours, receive or purchase
more than one pint of malt liquor, or ciđer, or more than half a pint of wine
and such liquor, cider or wine shall be consumed on the day it is received .
150. No such prisoner shall be allowed to sell or transfer any article
whatsoever allowed to be introduced for his use to any other prisoner.
151. Such prisoner shall not be compelled either to have his hair cut, or,
if he usually grows bair on his face to shave, except on account of vermin or
dirt, or when the Surgeon deems it necessary on the ground of health and
cleanliness ; and the hair of such prisoner shall not be cut closer than may
be necessary for the purpose of health and cleanliness.
152. The beds of such prisoners shall be made, and the rooms and yards
in their occupation shall be swept and cleaned by themselves every morning
subject to rule 145. The furniture and utensils appropriated to their use
shall be kept clean and neatly arranged. They may be allowed the same
privileges as are by rule 177 accorded to first class misdemeanants. Any
sum earned by them will be paid to them on their discharge.
153. Every such prisoner shall be permitted to have supplied to him at
his own expense such books, newspapers, or other means of occupation , other
than those furnished by the prison, iti are not, in the opinion of the Super
intendent, of an objectionable kind ,
778 [ 18 of 1885. ] PRISON .
154. Every such prisoner shall subject to the orders of the Superintendent
be permitted to be visited by one person, or, if circumstances permit, by
two persons at the same time, for a quarter of an hour on any week day,
during such hours as may from time to time be appointed.
155. The Superintendent may in special cases permit the visit to be
prolonged, and allow more than two persons to visit the prisoner at one time.
156. Every such prisoner shall at his request be allowed to see his Counsel
or Solicitor, accompanied by a clerk or interpreter or the clerk to such Counsel
or Solicitor provided he produces authority from such Counsel or Solicitor
on any week day, at any reasonable hour, and, if required , in private ; but,
if necessary , in the view of an officer of the prison .
157. Any such prisoner who is in prison in default of bail shall be
permitted to see anyof his friends on any week day, at any reasonable hour,
for the bona fide purpose of providing bail.
158. Such prisoners may send and receive letters at all reasonable times,
and paper, with other writing materials, to such extent as may appear
reasonable to the Superintendent, shall be furnished to any such prisoner who
requires it for the purpose of communicating with his friends, or preparing
his defence. Any confidentialwritten communication, prepared as instructions
for Counsel or a Solicitor, may be delivered personally to him or his clerk
authorised as aforesaid without being previously examined by any officer of
the prison ; but all other written communications are to be considered as
letters, and are not to be sent out of the prison without being previously
inspected by the Superintendent.
159. No such prisoner shall be compelled to attend any religious service
other than his own ; but subject to these provisions he shall attend divine
service on Sundays and on other days when such service is performed, unless
prevented by illness, or excused by the Superintendent for any other reason .
160. Such prisoners shall also be subject to all general rules, except so
far as the same are inconsistent with the special rules relating to such prisoner,
SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.
161. No prisoner shall be classed as a first class misdemeanant except as
provided by statute, or by order of the Judge or Court before whom he is
tried .
162. Such prisoner shall not be placed in association, or at exercise, with
criminal prisoners.
163. Such prisoner shall not be required to take a bath on reception, if,
on the application of the prisoner, the Superintendent shall decide that it is
unnecesary, or if the Surgeon state that it is for medical reasons unadvisable.
164, Every such prisoner shall be searched only by an officer specially
appointed for the purpose.
165. Such prisoner shall be placed, as soon as possible after reception, in
a cell appropriated to prisoners of his class, unless there is reason to believe
that he is suffering from some infectious disease, in which case he shall be
detained in a reception - cell till he can be seen by the Surgeon.
166. Such prisoner shall at all times, except when at Chapel or exercise,
occupy the room or cell assigned to him .
167. The Visiting Justices or Superintendent, before granting any permis
sion which by the following rules they are authorised or required to grant,
shall satisfy themselves that it can be granted without interfering with the
security, good order, and government of the prison and prisoners therein ; and
PRISON , [ 18 of 1885. 779
if, after it has been granted , its continuance seems likely to cause any such
interference, or if the prisoner has abused such permission, or has been guilty
of any misconduct, the Visiting Justices shall have power to suspend or
withdraw such permission, and in the like circumstances the Superintendent
may withdraw or suspend the same when it has been granted by himself, or
suspend it when it has been granted by the Visiting Justices if the case is
urgent, provided he report the case as soon as possible.
163. The Visiting Justices or the Superintendent shall, on the application
of any such prisoner, if, having regard to his ordinary habits and condition of
life, they think such special provision should be made in respect to bim ,
permit any such prisoner
1. To occupy a suitable room or cell specially fitted for such prisoners,
and furnished with suitable bedding and other articles, in addition
to, or different from those furnished for ordinary cells .
2. To have, at his own cost, the use of private furniture and utensils
suitable to his ordinary habits, subject to the approval of the
Superintendent.
3. To have, on payment of a small sum , to be fixed by the Visiting
Justices, the assistance of some person to be appointed by the
Superintendent, to relieve him in the performance of any unaceus
tomed tasks or offices.
169. Such prisoner shall be permitted to supply his own food, on giving
due notice beforehand at the time required ; but the Superintendent shall not
permit such prisoner to receive any prison allowance of food on any day on
which he receives or procures food at his own expense .
170. Such food shall be received only at such hours as may be fixed from
time to time, and shall be inspected by an officer of the prison, and shall be
subject to such restrictions as may be necessary to įrevent luxury and
waste.
171. Any such prisoner shall not during twenty -four hours receive more
than one pint of malt liquor or cider, or if an adult half a pint of wine and
such liquor, cider or wine shall be consumed on the day it is recoived .
172. Such prisoner shall be permitted to wear his own clothing, provided
that it is sufficient and is fit for use .
173. No such prisoner shall be allowed to sell or transfer any article
whatsoever, allowed to be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled , either to have his hair cut, or,
if he usually grows hair on his face to shave, except on account of vermin or
dirt, or when the medical officer deems it necessary on the ground of health
and cleanliness, and the hair of such prisoner shall not be cut closer than may
be necessary for the purpose of health and cleanliness.
175. The beds of such prisoner shall be made, and the rooms and yards in
their occupation shall be swept and cleaned every morning. The furniture
and utensils appropriated to their use shall be kept clean and neatly arranged.
Should any such prisoner object to perform any of these duties, they may be
performed for him as provided in rule 168 ( 3.)
176. Such prisoner shall be permitted to have supplied to him at his own
expense such books, newspapers, or other means of occupation, other than
those furnished by the prison, as are not, in the opinion of the Superintendent,
of an objectionable kind.
780 [ 18 of 1885. ] PRISON .
177. Such prisoners may be permitted, if the accommodation of the prison
will allow , to work at their respective trades and professions, Prisoners
who find their own implements, and are not maintained at the expense of the
prison, shall be allowed to receive the whole of their earnings ; but the
earnings of such as are furnished with implements, or are maintained at the
prison expense, shall be subject to a deduction, to be determined by the
Visiting Justices, for the use of implements, and the cost of maintenance.
178. Such prisoners shall be permitted to see their friends for a quarter of
an hour on any week -day, during such hours as are appointed ; they may also
send and receive letters at all reasonable times, subject to rule 234.
179. The place in which such prisoners receive their visits shall not be
the same as that in which criminal prisoners receive their visits, if any other
suitable place can conveniently be provided.
180. No such prisoner shall be compelled to attend any religious service
other than his own ; but, subject to these provisions, he shall attend Divine
Service on Sundays, and on week -days when such service is performed ,
unless prevented by sickness, or excused by the Superintendent for any other
reason .
181. Such prisoners shall be subject to all general rules, except so far as
the same are inconsistent with the special rules relating to such prisoners.
182. Such prisoners shall be allowed to smoke under such regulations as
may be laid down by the Superintendent.
SPECIAL RULES FOR PRISONERS FOR DEBT.
183. Prisoners for debt shall not be required to take a bath on reception ,
if, on the application of the prisoner, the Superintendent shall decide that it
is unnecessary, or if the Surgeon shall state that it is for medical reasons
unadvisable.
184. Such prisoners shall at all times, except when at chapel or exercise,
occupy the cells or rooms assigned to them .
185. The Superintendent, before granting any permission which by the
following rules he is authorised or required to grant, shall satisfy himself
that it can be granted without interfering with the security, good order, and
government of the prison and prisoners therein ; and if, after it has been
granted, its continuance seems likely to cause any such interference, or if the
prisoner has abused such permission, or has been guilty of any misconduct,
he shall have power to suspend or withdraw such permission.
186. Such prisoners shall be permitted to supply their own food, on
giving due notice beforehand at the time required ; but the Superintendent
shall not permit such prisoners to receive any prison allowance of food on
any day for which they receive or procure food at their own expense.
187. Such food shall be received only at such hours as may be fixed from
time to time, and shall be inspected by an oflicer of the prison, and shall be
subject to such restrictions as may be necessary to prevent luxury or waste.
188. Any such prisoner shall not during twenty -four hours receive or
purchase more than one pint of malt liquor or cider, or if an adult half a pint
of wine, and such liquor, cider and wine shall be consumed on the day it is
received .
189. No such prisoner shall be allowed to sell or transfer any article
whatsoever, allowed to be introduced for his use, to any other prisoner.
PRISON . [ 18 OF 1885. ] 781
190. Such prisoner shall not be compelled, either to have his hair cut, or
if he usually grows hair on his face to shave, except on account of vermin
or dirt, or when the Medical Officer deems it necessary on the ground of
health and cleanliness, and the hair of such prisoner shall not be cut closer
than may be necessary for the purpose of health and cleanliness .
191. The beds of such prisoners shall be made, and the rooms and yards
in their occupation shall be swept and cleaned by them every morning. The
furniture and utensils appropriated to their use shall be kept clean and neatly
arranged by them .
192. Such prisoners may be pernnitteil to work and follow their respective
trades and professions, provided their employment does not interfere with
the regulations of the prisou, and they will be permitted to have the whole
of their earnings after deducting the cost of any implements which may be
supplied to them , and the cost of their maintenance, if they are maintained at
the expense of the prison .
193. No such prisoner shall be compelled to attend any religious service
other than his own; but, subject to these provisions, he shall attend Divine
Service on Sundays, and on week -days when such service is performed, unless
prevented by sickness, or excused by the Superintendent for any other
reason .
194. The place in which such prisoners receive visits shall not be the
same as that in which criminal prisoners receive visits, if any other suitable
place can be conveniently provided .
195. Such prisoners shall be permitted to exercise during such periods
of the day as the circumstances of the prison will allow , and during the same
periods they shall be permitted , if they prefer it, to associate together in an
orderly mamer .
196. Such prisoners shall be permitted to receive one visit, and also to
write and receive one letter in each week, subject to rule 234 ; but they may
communicate with and receive visits from their friends and legal advisers at
any reasonable hour of the day, for the purpose of arranging the payment of
their debts.
197. Such prisoners shall also be subject to all general rules, except so
far as the same are inconsistent with the special rules relating to prisoners for
debt.
198. Such prisoners shall be allowed to smoke under such regulations as
may be laid down by the Superintendent.
GENERAL RULES .
ADMISSION AND DISCHARGE.
199. No prisoner shall be admitted to the prison unless accompanied by a
warrant or order for his detention.
200. All prisoners shall be searched, registered , and medically examined
on admission.
201. Every prisoner shall take a bath, and be shaved on reception , unless
it shall be otherwise directed, in any particular case, by the Superintendent or
Surgeon.
202. If any prisoner is found to have any cutaneous disease, or to be
infected with vermin, means shall be taken effcctually to eradicate and destroy
the same.
782 [ 18 OF 1885. ] PRISON .
203. Every prisoner shall be weighed on reception, and subsequently at
such periods as the Superintendent and the Surgeon may appoint, and the
result shall be recorded in a book kept for the purpose .
204. Every prisoner may, if required for the purposes of justice, be
photographed on reception and subsequently.
205. Such of the clothing, linen , and other articles belonging to prisoners
as may be retained in the prison shall, if necessary , be washed, cleaned, or
disinfected, as soon as possible after they are received.
206. Such clothing shall be made into a bundle, carefully labelled with
the name of the owner, and placed in store ; any money or jewellery which
the prisoner may have in his possession shall also be taken from him and
placed in safety until his release from prison. A list of all his property is to
be entered in a book kept for that purpose, which shall be under the super
intendence of the warden .
207. As soon as possible after prisoners are admitted, the abstract of the
rules relating to the conduct and treatment of prisoners shall be read over to
them ; and such abstract shall also be read and explained weekly to the whole
of the prisoners.
208. Every prisoner shall have a number assigned to him , which shall be
prefixed to his name in every register ; such number shall also appear on the
breast of his coat, on his towel, chopstick bag if a Chinese, and cap or hat.
209. Prisoners whose discharge falls on Sunday shall be discharged on the
Saturday preceding.
210. All prisoners sentenced to imprisonment for one year or more with
hard labour, shall be secured by fetters of a pattern to be approved by the
Governor. The fetters shall weigh 3 lbs., and shall be secured to an iron
ring on each ankle, and the chain suspended by a book from the waist belt.
211. All such prisoners shall wear fetters notwithstanding their employ
ment on No. 1 hard labour, and on No. 2 hard labour ; and if any such pri
soners are ordered by the Surgeon to No. 3 industrial light labour they shall
not on that account have their fetters removed, unless specially recommended
by the Surgeon on medical grounds.
212. No such prisoners shall, except by order of the Surgeon be employed
on No. 3 industrial light labour unless their conduct has been gooil, and when
so employed their fetters may be removed if they interfere with their work .
213. All such prisoners shall be exempted from wearing fetters on the
ground of good character, but shall on misconducting themselves, and being
awarded prison punishment, again be placed in fetters and not released there
from until they have regained a good character.
214. A prisoner shall be considered of good character who has not for
three consecutive months been guilty of any prison offence for which he has
been punished.
215. Prisoners sentenced to less than one year's imprisonment with hard
labour shall wear an iron ring on one ankle without other fetters.
216. All prisoners convicted of returning from banishment shall wear
fetters during the whole period of their imprisonment.
CLEANLINESS .
217. The weekly shaving of the Chinese prisoners shall be done according
to such regulations as shall be established by the Superintendent from time
to time. The razors shall be always under the charge of the officer of the
ward or yard, and be shall take care they are withdrawn immediately the
PRISON . [ 18 of 1885. ] 783
prisoners have finished with them . Prisoners of very filthy habits are to be
brought to the notice of the Superintendent.
218. The queues of Chinese prisoners sentenced to imprisonment with
hard labour for upwards of 2 years may be cut off, and their hair kept cut
close until within six months of their release ; the queues may also be cut
off short -sentenced prisoners if the Surgeon should consider it necessary for
the purpose of health or cleanliness ; but such prisoner shall be allowed to
appeal to the Governor against it. No quene shall be cut under any cir
cumstances without the special permission of the Governor.
219. The hair of European prisoners shall be cut to such moderate length
as health or cleanliness may require.
220. Every prisoner shall wash his face and hands daily, and shall take
a bath once a week .
221. Prisoners shall keep their cells, utensils, clothing, and bedding clean
and neatly arranged ; and shall clean and sweep the yards, passages, and all
other parts of the prison as may be directed .
CLOTHING , BEDDING , FOOD .
222. The whole of the Chinese prisoners' clothing, and the under -clothing
of the European prisoners shall be changed weekly.
223. Every prisoner shall sleep in a cell by himself, if the accommodation
of the prison will permit it, or, under special circumstances, in a cell with
not fewer than two other prisoners.
224. The clothing of prisoners sentenced to imprisonment with hard
labour for 2 years may be given to their friends, with the exception of one
suit, which will be sold or otherwise disposed of by the Superintendent, in
order to recoup the Government for the expense of providing a suitable suit
of clothes for the prisoner on his discharge.
225. Such additional clothing and bedding may be issueil, during severe
weather, or in special cases, as the Surgeon may deem requisite.
226. A prisoner wlio has any complaint to make regarding the diet
furnished to him , or who wishes his diet to be weighed to ascertain whether
he is supplied with the anthorised quantity, shall make his complaint imme
diately his diet is handed to him , and it shall be examined or weighed in his
presence and in that of the officer deputed for that purpose ; but frequent and
groundless complaints will be treated as breaches of prison discipline and
punished accordingly.
227. On every Sunday and Saturday of each week in the first six months
of his imprisonment, each prisoner shall be fed on penal diet, viz ., for Europeans
bread and water, with half a pound of rice at mid - lay, anů for Asiatics rice
and water only. No prisoner when on penal diet shall be put to hard labour.
228. The best possible arrangement shall be made as to the food of Indian
prisoners, so that they may not be forced to choose between loss of food and
loss of caste .
229. European prisoners whose sentences do not exceed five days will be
put on penal diet, those with sentences of six to fourteen days will receive
two pints of gruel daily in addition.
230. ( 1.) Subject to the conditions of rule 277 reduced penal diet shall
be supplied to prisoners who have been previously sentenced to imprisonment
for a period of 3 months and upwards.
(2.) Until otherwise ordered , reduced penal diet shall be supplied to Asiatics
sentenced to 14 days and wder.
781 [ 18 OF 1885. ] PRISON .
231. Punishment diet shall be supplied to prisoners reported for breaches
of the prison regulations ( at the discretion of the Superintendent ), but no
prisoner shall be kept on punishment diet for more than 3 days at a time.
CLASSIFICATION .
232. Prisoners shall be classified for location, and the classes shall be
kept separate from each other so far as the accommodation of the gaol will
permit, as follows:
( 1. ) Males,
Hard labour prisoners : First conviction.
Ditto With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants .
On remand and waiting trial : First conviction.
:
On remand and waiting trial : With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days; First conviction .
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days: With two or more convictions,
Boys under sixteen years of age : First conviction .
Boys under sixteen years of age : With two or more convictions.
(2.) Females,
Hard labour prisoners : First conviction .
Ditto . With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerons characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
:
On remand and waiting trial: With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days : First conviction .
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days : With two or more convictions.
Girls under sixteen years of age : First conviction.
Girls under sixteen years of age : With two or more convictions.
All officers of the prison shall endeavour to carry out this rule, bearing
in mind that the object of classification is to prevent the contamination by
depraved prisoners of prisoners not so depraved and to attempt to ensure that
a prisoner shall go out of prison not worse than he came in .
VISITS AND COMMUNICATIONS TO PRISONERS, & c.
233. Convicted prisoners, with the exception of those heretofore mentioned,
after they have served the first three months, may write and receive one
letter every three months ; but the Superintendent may permit any prisoner
to write a special letter, or to see his friends, immediately after conviction, if
for the purpose of making arrangements respecting his property, or otherwise.
231. All letters to and from prisoners shall be read by the Superintendent,
and shall be forwarded or kept back according to the nature of their contents.
Events of importance to prisoners may be communicated to them at any
period by the Superintendent.
235. The privileges of writing and receiving letters may be postponed or
forfeited by misconduct, if so ordered by the Superintendent; but no such
oriler shall be made for a period longer than one month from the time of the
prisoner's last report.
PRISON . [ 18 or 1885. ] 785
236. Convicted prisoners, with the exception of those heretofore men
tioned , shall be allowed, after the first three months, to see their relations or
friends once in three months, unless such visits are prohibited by the Super
intendent for miscouduct ; but no prohibition shall be made for a period longer
than one month from the time of the prisoner's last report.
237. The days and hours for visits to the prisoners shall be fixed by the
Superintendent, and shall be publicly notified at the gates of the prisou.
238. If any prisoner is committed to prison in default of the payment of
ang sum which, in pursuance of any conviction or order, he is required to pay,
such prisoner shall be allowed to communicate by letter with and to see any
of his friends or his solicitor at any reasonable time, for the bona fide purpose
of providing for the payment which would procure his release from prison.
239. In case of very serious illness prisoners may see their relations, if
not objected to on medical grounds.
240. The visits of prisoners' friends shall in no case exceed fifteen minutes,
and shall always be made in the presence of an officer of the prison and shall
be recorded in a book to be kept for that purpose .
241. Officers of Police may visit prisoners for the purpose of identification,
on production of an order from the Police, or with magisterial authority.
242. Officers of the law , with competent warrants, or orders for serving
writs or other legal process on persons within the prison , shall be admitted
into the prison for that purpose.
243. All prisoners may petition the Governor onco shortly after con
viction if they wish, but not afterwards unless there are any special circum
stances which the Superintendent may consider should be brought to the
notice of the Governor, or unless such prisoner has been over one year in
gaol.
244. No visitor shall be admitted until he has given his name and address,
and stated his relationship to or connection with the prisoner he wishes to
see, if any ; and these particulars shall be duly recorded .
245. No visits shall be made on a Sunday except in cases of emergency .
246. Prisoners who have undergone 2 years imprisonment and are six
months clear of report may receive a visit every two months, and write and
receive one letter every two montlis.
247. The prisoners shall be locked in their cells, at the discretion of the
Superintendent , on Sundays and other days when they are doing no labour ;
care being taken that they bave at least one hour's exercise daily.
248. Prisoners sentenced to fourteen days and under shall be locked in
their cells during the whole of their sentence, with the exception of one
hour's daily exercise .
249. Prisoners detained as dangerous or suspicious characters with or
without previous convictions, who cannot find security, shall be locked in
their cells. And shall keep their cells and cell utensils perfectly clean at all
times, and shall have one hour's exercise daily.
250. Male and female prisoners shall always be so confined as to prevent
the former from seeing, conversing with, or holding any intercourse with the
latter.
251. A light shall be kept burning constantly throughout the night in
every ward or division of the prison in which prisoners shall be confined , but
such light shall not be placed within reach of the prisoners.
786 [ 18 OF 1885. ] PRISON ,
WOMEN .
252. No male subordinate officer shall enter the women's prison unless
ordered there specially by the Superintendent or warden, or summoned by
the matron for the purpose of quelling a disturbance, or of giving other
assistance.
253. So far as practicable, female prisoners shall be divided into classes,
and separated similarly to the male prisoners.
254. They shall keep their cells, yard, and wards perfectly clean at all
times.
255. Authorised interviews between female prisoners and their friends
must take place in the presence of the matron or other officer of the prison .
256. Female prisoners shali be employed at No. 2 lard labour with regard
to washing their own clothes, and at No. 3 industrial light labour.
257. The child of a female prisoner may be received into prison with its
mother, provided it is atthe breast; and any such child shall not be taken
from its mother until the Surgeon certifies that it is in a fit condition to be
removed .
258. Such child may be supplied with such diet and clothing as may be
necessary, at the public expense; but except under special circumstances, no
such child shall be kept in prison after it has arrived at the age of twelve
months.
PRISONERS UNDER SENTENCE OF DEATH .
259. In all cases when sentence of death has been passed on a prisoner,
the warden shall cause him to be thoroughly searched, and shall remove from
him any article which it is considered dangerous or inexpedient for bim to
retain in his possession .
260. Every prisoner sentenced to death shall be confined in some safe
place within the prison, apart from all other prisoners, and shall be placed
under the constant charge and observation of an officer of the prison, both
by day and night.
261. The cell or room in which a prisoner condemned to death is placed
shall be previously examined by the Superintendent, who is to satisfy him
self of its fitness and safety, and record the result of his examination in his
journal.
262. The prisoner may be visited by his relations, friends, and legal
advisers, at his own request ; no other person shall have access to him except
the officers of the prison, and, if required by him , a Minister of the religion
to which the prisoner belongs.
263. All executions shall take place within the prison at the time appointed
by the Governor. The Superintendent of the prison will be present and
superintend every execution .
264. If any person make it appear to a Justice of the Peace that he has
important business to transact with the prisoner, such Justice may grant
permission in writing to such person to have a conference with the prisoner.
265. During the preparation for an execution, and the time of execution,
no person shall enter the prison who is not legally entitled to do so, unless in
pursuance of an order in writing from the Superintendent. The officers
superintending the execution shall, if possible , be decently clothed in black,
PRISON OFFENCES AND PUNISHMENTS .
266. No prisoner shall be punished under the provisions of The Prison
Ordinance, 1885, until he has had an opportunity of hearing the charges and
evidence against him , and of making his defence,
PRISON , ( 18 OF 1885. ] 787
267. Prisoners shall obey the orilers of the Superintendent, warden , and
of the subordinate officers who shall be placed over them from time to time.
268. Prisoners are strictly forbidden to have in possession, or to attempt
to receive money, tobacco, opium , flint , steel , iron, implements, string, immoral
books, or any articles not allowed to them by the rules of the prison, or
permitted by the Superintendent, and they are not to conceal any articles of
food about their persons, or in any ward or cell.
269. No punishment or privation of any kind shall be awarded except by
the Superintendent, or by the Superintendent in conjunction with a Visiting
Justice subject nevertheless to rule 272.
270. The following acts are declared to be offences against prison
discipline :
1. Disobedience of the regulations of the prison by any prisoner.
2. Common assault by one prisoner on another .
3. Profane cursing and swearing, and obscene language by any prisoner.
4. Indecent behaviour by any prisoner.
5. Insulting or threatening language by any prisoner, to any officer or
prisoner.
6. Illeness or negligence at work by any convicted criminal prisoner.
7. Wilful mismanagement of work by any convicted criminal prisoner.
8. Disorderly conduct by any prisoner.
271. It shall be lawful for the Superintendent to examine any prisoner
touching such offences, and to punish them by ordering any offender to be
kept in a punishment- cell for not more than three days, on bread, or rice and
water, or he may deprive a prisoner of his pork for not more than four meals
at one time .
272. The Superintendent may deprive any prisoner of his evening meal
for persistent and aggravated idleness, or refusal to labour. In the unavoidable
absence of the Superintendent, the warden may in like cases deprive any
prisoner of half his evening meal .
273. The Superintendent may restrain in cross irons of ten lbs. weight,
or less , or in handcuffs, any disorderly or violent prisoner for not longer than
twenty - four hours at one time ; if a longer period than twenty -four hours is
required a written order must be obtained from one of the Visiting Justices
for the week , who shall at once attend and investigate the case . In case of
emergency however the Superintendent may on his own responsiblity impose
the restraints provided by this rule for such period as may seem necessary,
obtaining the presence of one of the Visiting Justices for the week as soon as
possible . The order of such Justice, made on investigation of the case, shall
indemnify the Superintendent.
274. If any male prisoner is guilty of any of the following offences,
viz . :
Mutiny or open incitement to mutiny in the prison, personal violence to
any officer of the prison, aggravated or repeated assault on a follow
prisoner, repetition of threatening language to any officer or prisoner,
and any act of insubordination requiring to be suppressed by
extraordinary means, the Superintendent shall have the power to
sentence the said prisoner to corporal punishment not to exceed
twelve strokes of the rattan .
It shall be the duty of the Superintendent to report at once to the Governor
every case of his exercising the power conferred on him by this section.
783 [ 18 OF 1885. ] PRISON ,
275. If any criminal prisoner is guilty of any offence, or of a breach of
the prison regulations or of discipline, for the due punishment of which the
Superintendent of the prison may deem the powers vested in him insufficient,
it shall be lawful for such Superintendent, in conjunction with a Visiting
Justice, after enquiry , to punish such prisoner by close or solitary confinement
on bread or rice and water, for a period not exceeding fourteen days, or, in
the case of a male prisoner guilty of any offence in the preceding rule men
tioned by personal correction not exceeding thirty -six strokes if an adult, nor
twelve if a juvenile.
276. No dietary punishment shall be inflicted on any prisoner, nor shall
he be placed in a punishment-cell, nor shall corporal punishment be inflicted
on him, unless the Surgeon shall certify that such prisoner is in a fit condi
tion of health to undergo such punishment.
277. The following offences committed by male prisoners will render
them liable to corporal punishment :
1st. Mutiny, or open incitement to mutiny in the prison ; personal vio
lence to any officer of the prison ; aggravated or repeated assault
on a fellow prisoner ; repetition of insulting, or threatening lan
guage to any officer or prisoner.
* 2nd . Wilfully and maliciously breaking the prison windows, or otherwise
destroying the prison property.
3rd . When under punishment, wilfully making a disturbance tending to
interrupt the order and discipline of the prison, and any other act
of gross misconduct, or insubordination, requiring to be suppressed
by extraordinary meaus.
278. Corporal punishment shall be inflicted on the breech , with a rattan
of a pattern to be approved by the Governor on the recommendation of the
Surgeon.
279. No prisoner who shall be sentenced to solitary confinement by any
Court shall be kept in such confinement more than seven days without an
interval of one day out.
EMPLOYMENT OF PRISONERS .
CLASSES OF LABOUR.
280. No. 1. - Hard Labour.
( 1.) Shot drill and stone carrying in alternate spells of half an hour each ,
weight of shot 24 lbs ., weight of stone 45 lbs.
(2.) Crank labour 12,500 revolutions daily, ( 12 lbs. test ).
(3. ) Treadwheel.
No. 2. - Hard Labour.
( 1.) Employment on public works outsiile the prison .
(2.) Crank labour 10,500 revolutions daily, ( 12 lbs. test ).
(3.) Combinations of shot drill and oakun picking iib.
(4.) Combinations of stone carrying and oakum picking { lb.
(5. ) Combinations of crank labour 6,000 revolutions ( 12 lbs. test ), and
oakum picking, 10 .
(6.) Washing clothes in the prison, making coir matting and heavy coir
mats ,
PRISON , [ 18 of 1885. ) 789
No. 3. — Industrial Light Labour,
( 1.) Ironing and manyling clothes .
(2.) Making frame, coir, and grass mats .
( 3.) Carpentry, coopering, tinsmith's work ; tailoring, cooking, cleaning,
printing, hospital attendance, & c.
( 1. ) Oakum picking ( 1 } lb.).
HARD LABOUR PRISONERS .
281. Prisoners sentenced to imprisonment with hard labour for upwards
of two years shall pass so much of the first six months of their imprisonment
as may be possible in separate confinement and the remainder of that term at
No. 1 Hard Labour ; after which they will be employed as provided for in
rule 283 .
282. Every male prisoner of sixteen years of age and upwards sentenced
to twelve months' hard labour and under, but more than fourteen days, shall
pass the first three months of his imprisonment at No. 1 Hard Labour, and
the remainder at No. 2 Hard Labour.
283. Every male prisoner of sixteen years of age and upwards sentenced
to hard labour for more than twelve months shall unless otherwise provided
for by these Regulations be kept at No. 1 Hard Labour for the first three
months of his sentence . At the expiration of that term he shall, if he has
conducted himself fairly well, be placed at No. 2 Hard Labour until he has
completed one half of his sentence when if his conduct has been good , he
shall be placed at No. 3 industrial Hard Labour.
284. Every male prisoner under the age of sixteen years sentenced to
hard labour shall be kept for the first three months of his sentence at No. 2
Hard Labour after which if his conduct bas been good he shall be placed at
No. 3 Industrial Light Labour .
285. All hard labour prisoners who shall be excused by the Surgeon will
be employed at either No. 2 Haru or No. 3 Industrial Light Labour as he
way direct.
286. European prisoners will not be employed at stone carrying, but will
perform the combination of shot drill and oakum picking instead .
287. If a male prisoner shall misconduct himself, the Superintendent may
either keep him at No. 1 Hard Labour for any extra term pot exceeding
three months at any one time, or he may send him back from the second class
or third class for the same term .
288. The hours of labour will not be less than six or more than ten daily,
exclusive of meals.
289. No work shall be done beyond what is necessary on Sunday, Good
Friday, Christmas Day, or Chinese New Year's day.
290. Jewish prisoners shall not be compelled to work on Saturdays if they
claim exemption, but shall be kept in separate confinement on that day and
Sunday. They may also keep such other festival days as may be from time
to time allowed by the Governor.
291. Indian prisoners are not to be put to any labour which may really
cause them loss of caste.
292. Criminal prisoners not sentenced to hard labour will be employed at
No. 3 Industrial Light Labour.
790 [ 18 OF 1885. ] PRISON.
293. As soon as the prison accommodation shall permit of it, prisoners
committed to prison for breaches of naval and military discipline shall be kept
separate from civil prisoners.
RULES FOR THE MANAGEMENT OF PRISONERS
ON PUBLIC WORKS .
PRISONERS.
294. Prisoners employed on public works shall be divided into gangs not
exceeding sixteen men , and each gaug shall be kuown by a number.
295. Each gang shall be under the charge of an assistant turnkey armed
with a short sword for his defence, who shall have the number of his gang
on a badge affixed to his left arm ; and the gangs shall be under the charge
of a head turnkey armed with sword and revolver, who shall be assisted by a
turnkey armed in the same manner .
296. The prisoners in such gangs shall work in coupling chains of about
twelve feet long, fastened by means of anklets and padlocks.
297. If the work is near the prison, the prisoners shall be marched in to
their mid -day meal at noon , but if at too great a distance from the prison the
meal shall be sent to them .
298. The gang prisoners will breakfast at about 6.20 A.M., and leave the
prison for their work at about 7 A.M., rest one hour for their mid -day meal
from 12 to 1 , and knock off work in the afternoon so as to reach the prison at
5 P.J., (nine hours daily, including marching in and out).
299. On Saturdays the gang prisoners will work until noon .
300. Their mid -day meal will consist of 1.) pint of rice congee thickened
with cheap meat.
301. Any prisoner with a longer sentence than eight years may be kept at
work within the prison until he has served one -third of such sentence .
302. In addition to the head turnkey in charge of gang prisoners, the
turnkey and the assistant turnkeys in direct charge of the gangs, three or four
Sikh guards shall be posted in convenient positions round the works, armod
with loaded rifles, to prevent escapes.
303. The head turnkey shall be continually on the alert during the day,
shall repeatedly visit the gangs in his charge, and ascertain that all is
correct or otherwise. He shall take discreet measures to prevent the escape
of prisoners, and to effect their recapture if they are successful in escaping.
He shall carefully observe the officers under his charge, and report weekly to
the Superintendent of the prison on their efficiency in the management of their
parties. He shall enter in a book to be kept for the purpose the number of
gangs, number of prisoners, and the names of the officers under his charge,
with the name of the district where the work is carried on and the description
thereof. He shall be responsible to the Surveyor General for all the tools
used by the prisoners. IIe shall on no account allow people to loiter near the
prisoners while at work , or to converse with the officers.
>
304. The turnkey shall be under the command of the head turnkey, and
shall assist him in the performance of his duties. He shall move about con
tinually among the gangs, keeping a watchful eye on both officers and pris
oners . When needed he shall take charge of detached gangs, and shall at
such times use great discretion in the disposal of his officers so as to prevent
the escape of any prisoners, remembering that their safe custody should be
his first care .
PRISON . [ 18 OF 1885. ] 791
305. The assistant turnkeys in charge of gangs shall at all times see to
the safe custody of the prisoners and shall place themselves when on the
works so as at all times to command a good view of the prisoners ; shall
repeatedly count the prisoners during the day; and never turn their backs
towards them , and shall on no account use a spadle, pick, or any other tool,
so as to place themselves at a disadvantage with regard to the prisoners.
306. The assistant turnkeys shall be careful to ascertain that the anklets,
chains, and padlocks are in proper order, and shall minutely examine them
before leaving the prison, when knocking off work for the mid -day meal, and
before returning to the prison in the evening.
307. In the event of a prisoner's attempting to escape, the officer in charge
of the gang shall blow his whistle to attract the attention of the other officers,
and shall immediately fall-in the remaining prisoners of his gang and await
instructions from the head turnkey.
308. The bead turnkey, the turnkey, and the Sikh guards shall not fire
at an escaping prisoner unless bis escape cannot be prevented by any other
means ; and shall then only endeavour to disable him .
309. The assistant turnkeys shall keep a book in which they will enter
the numbers, names, and sentences of the prisoners of their respective gangs,
making special remarks as to the industry of each prisoner, and they shall be
responsible to the head turnkey for the tools used by their gangs.
REMISSION OF SENTENCES, AND REWARDS
UNDER TIIE MARK SYSTEM .
310. The time which every prisoner with a sentence or sentences of twelve
months and upwards must pass in prison will be represented by a certain
number of marks, which he must earn by actual labour performed before he
can gain any remission of his term of imprisonment.
311. No such remission will be granted for conduct alone except in accord
ance with rule 316 and only on condition of good conduct and strict obedience.
If the conduct of a prisoner be indifferent or bad, he will be liable to be fined
a certain number of marks, according to the nature and degree of the offence,
and will forfeit by misconduct the remission which he would otherwise have
earned by his industry.
312. The marks will be given according to the following scale :
(a .) 6 marks a day for zealous and steady baru labour.
(6.) 5 marks for a less degree of industry .
( c.) 4 marks for a moderate day's work .
313. The prisoner's marks will commence at the termination of the first
six months from the date of his sentence .
314. On the almission of a prisoner with a sentence or sentences of twelve
&
months and upwarıls, such part of such sentence or sentences as is in excess
of six months shall be reduced to days, which shall be multiplied by four,
giving the number of marks he must earn before his discharge ; thus, take
six months of the sentence, 182! days, multiplied by 4 will give 730,
( the number of marks he must carn before gaining any remission ).
315. If by his industry the prisoner gains six mörks a day, and does not
lose any for misconduct, he can carn the full remission of one-third of such
portion of his sentence as is in excess of six months.
792 PRISON .
[ 18 OF 1885. ]
316. On Sundays marks will be allowed for conduct alone. Except under
special circumstances where injury has accidentally resulted while on prison
work, a prisoner will get only five marks a day during the time he is in the
Prison Hospital. Prisoners on No. 3 Industrial Light Labour by order of
the Surgeon will not get more than five marks a day.
317. Prisoners who by their misconduct forfeit the whole of their remis
sion, willsentence
be liable to be kept in separate confinement during the last 6 months
of their .
318. The officers of the prison shall be supplied with books in which
they shall enter each evening the marks each prisoner has earned during
the day .
319. When a prisoner is sentenced to forfeit any marks which he has
gained , the sentence should state the exact number of marks he loses.
320. Extra marks may be given by the Governor, on the recommendation
of the Superintendent, for special services ; such as, -
(a.) Giving information of plots.
( 6.) Protecting prison officers or prisoners from attack , or protecting
them from imminent danger.
(c.) Preventing escapes, fires, or other dangers.
(d ) Preserving order in case of disturbance.
321. Marks shall be forfeited by prisoners for misconduct according to
the punishment inflicted , generally at the rate of -
8 Marks for one day solitary confinement on bread or rice and water,
>
6 for one day bread or rice and water,
6 for one day reduced penal diet,
6 for one meal stopped,
" for one pork ration stopped ,
4 for one meal bread or rice and water,
72 for a flogging
322. If a prisoner is reconvicted before the period during which he can
earn a remission he shall be allowed to earn only five marks a day instead of
six, and if he is reconvicted twice before the expiration of the period during
wbich be can earn a remission, he shall be allowed no remission.
323. All criminal prisoners with sentences of twelve months and upwaris,
who shall be employed at remunerative labour, may earn a small gratuity at
the rate of one cent for every six marks, but the whole gratuity for any one
prisoner shall not exceed $ 10. Such gratuity shall be paid at the time of
discharge. In forfeiting marks for misconduct the proportionate amount of
gratuity shall also be forfeited .
324. Prisoners will not be allowed to earn any gratuity until they have
served the first six months either in separate confinement or at No. 1 harul
labour.
* 325. The name of every prisoner under sentence for life who has served
fifteen years of his sentence, or having served ten years of his sentence has
attained or is believed in the absence of positive evidence to have attained the
age of sixty, shall be submitted for the consideration of the Governor in
Council. This rule shall be communicated to every such prisoner on entering
the prison, but each prisoner shall be made to distinctly understand that such
submission in no way implies that any remission of sentence will necessarily
be granted .
SEPARATE CONFINEMENT.
326. Where the prison accommodation permits all male prisoners sentence !
to imprisonment for upwards of two years shall pass the first six months of
their imprisonment in separate continement.
PRISON . [ 18 of 1885. ] 793
327. Prisoners in separate confinement shall be allowed one hour daily to
exercise in the open air under the supervision of an officer of the prison who
shall see that the prisoners do not converse together, either in going to the
yard , while at exercise, or in returning to their cells.
323. Such prisoners shall keep their cells and utensils perfectly clean at
all times, " nd shall be employed at crank labour, picking oakum , making or
mending clothes, shoe making or mending , &c.
329. Such prisoners shall on no account communicate or hold conversation
with any other prisoner, but shall at all times observe the strictest silence.
330. Such prisoners may write a letter on admission, if they wish to
inform their friends of their whereabouts ; but, with this exception they shall
not write or receive a letter, or receive a visit during the six months of their
separate confinement.
331. Prisoners, previously imprisoned for felony, when sentenced to im
prisonment with hard labour shall pass a certain time in separate confinement
from one to six months according to the number of their previous convictions,
and their conduct while in prison.
332. In these rules the words “ criminal prisoners ” shall include all pris
oners except first class misdemeanants, prisoners for debt, prisoners on
remanıl and persons imprisoned for default in finding security. The words
“ European prisoners ” shall include Americans and such persons as are mani
festly Europeans by extraction. “ Asiatic prisoners " shall include all prison
ers other than Europeans.
333.
SCALE OF DIET FOR PRISONERS.
DIETARY FOR/ EUROPEAN PRISONERS
FULL Diet .
| Bread , .... ..6 oz .
BREAK
Gruel, ............ 1 pints } Sunday, Saturday:, Thursday,,
FAST .
Bread, ... ..6 oz .
Cocoa ,... ..... pint Monday,Wednesday, and Friday.
Bread , .... 4 oz .
Potatoes , 10 oz .
Meat , 6 oz . Monday, Wednesday, and Friday .
Soup, 1 pint
Bread , ....... 4 oz .
DINNER . Soup, 1 pint Tuesday, Thursday, and Saturday.
Suet Pudding ,...... 1 lh .
Bread , ... 4 oz .
Rice, ( common ), 8 oz .
Fish , .... .12 oz . Sunday:
( Curry Stuff, 72drs.
| Bread ,.. 6 oz .
SUPPER. Gruel, 1 pint } Daily.
These measures are for uncooked provisions, except in the case of maile
up articles of diet ; and meat means boned meat.
79.4 [ 18 OF 1885. ] PRISON .
SOUP. - Each pint to contain 4 oz . meat without bone, 1 oz . onions, 1 oz .
barley, 4 oz . greens, yams, sweet potatoes or taro, with pepper
and salt.
GRUEL.- Each pint to contain 2 oz. oatmeal, 1 oz . molasses, and sufficient salt.
Cocoa. — Each pint to contain : oz . fake cocoa or nibs, 1 oz . molasses or
sugar.
SVET Pudding . – To every pound 1.} oz . suet, 6 } oz . flour, 8 oz . water.
Curry STUFF . - Chillies 3. drs., pepper 1 } drs., turineric i dr., coriander
seed i dr., cummin seed { dr., and oil } oz .
Tea. - Each pint to contain . oz . tea, 1 oz . sugar.
DAILY RATION FOR EUROPEAN DEBTORS AND
FIRST-CLASS MISDEMEANANTS .
Bread, ..1 lb. 4 oz .
Beef, Mutton or Pork , without bone (6 days a week ), 8 oz .
Fresh Fish ( once a week ), .14 oz .
Beef for Soup , 8 oz .
Potatoes (3 days a week ) , 8 oz .
Vegetables , (3 days a week ) , 8 oz .
White Rice ( 1 day ), 8 oz .
Suet Pudding (once a week), .... 1 lb.
Oatmeal for Grnel ( once a week), 2 oz .
Tea , ... 1 oz .
Sugar, 2 oz .
Salt ( fine), oz .
Curry Stuff (once a week ), ..7 dr.
Soup, suet pudding, and curry stuff to be made as in recipe for other
prisoners, except that beef, 8 oz . , is allowed in this class.
ORDINARY PENAL DIET FOR EUROPEAN
PRISONERS .
BREAKFAST . - Bread , 8 oz .
DINNER . - Rice (common ), 8 oz .
Salt (fine ), oz.
SUPPER . - Bread, 8 oz .
NOTE.- Any prisoner sentenced to more than 55 days' penal diet has one pint of gruel at
break fast and supper.
PUNISHMENT DIET FOR EUROPEAN
PRISONERS.
Bread divided into two meals, ..1 lb. per dem .
SCALE
DIET
OF
ASIATIC
PRISONER
.FOR S
COMMON VEGE CHUT
CLASS
OF
FRISONERS
. FALT
OIL
.S
.FISH
FISH
RESH SALT
.TEA REMA
. RKS
.
RICE .TABLES NEY
.
Prisoners
Male
1.
senten
with ,.o2z ,.o1} z .11
,OZ
6months
over
ces
,R emand o81bz z
t.o d6aays d4aays d4aays 0
.}o1ozz2.
for
Trial
.......
and .. we
. ek week
. week
.
Priso
2.
with
Male ners
sente n 0,27. 0,17. .OZ
,8
ces
ofonths
and
under
,6m z
pt.o.O1boz d6aays ad4ays ad4 ays o
.1 z .oz
.oz
but
14
days
,over we
. ek .week .week
............
Female
3.
Prisoner
with
.sen s
tences
over
days
,a
14nd 2
O
,. Z ,102. o
,.8z
16
under
boys
senten
with oA1bzz
t.o d6aays ad4 ays d4aays 1z
.o .oz
oz
.
week wee
. k week
.
mabove
6 onths
,ces
.....
Debtors
-c4.
First
,alass
Mis nd 10
1b.z
l.o.oz oz
..6 ,.O4 Z .,o6t1bz
deme
., ..... anants alternate alternate
.daily 1z
.o .oz .
oz daily
P.4ozork
days
. daya
Pena
5.
,Dietl z
.o8l1b.
...
.
OZ
Redu
6.
Diet
,Penalced l1.o2b. z .OZ
PRISON .
Puni
7.
,Diet shment 12
.oz .
oz
:::
represents
above
The
quantity
the
meals
two
2,mfor
evening
deducted
.oand
be
will
rice
fzorning
from
in
prisoner
each
made 3No.
congee
of 2int
is nd
served
be
to
-dinto
mid
at
ay
a,1p.which
Chinese
prisoners
sentenced
imprisonment
with
labour hard
2for
yof
4will
aupwards
,wop.have zears
ork
nce
tofter
eek
have
they
the
6served
first
imprisonment
their
prisoners
.Sof
who
excused
are
labour
hard
Surgeon
mby
and onths
uch
No. on
3Iplaced
pork
in
by ndustrial
Labour
Light
will
allowed
enot
,be xcept
ordered
when
special
cases
Surgeon
.the
Prisoners
employed
Public
on
Works
receive
will
diet
same
the
sentenced
prisoners
as
imprisonment
to
hard
with
for
labour
upwards
W .2yofears
places
at
liable
is
waterhen
employed
drinking
the
where
drainage
pollution
may
,tto hey
supplied
be
drink
each
rice
water
wpint
of with
o.;1}congee
to - fzater
[ 18 OF 1885. ]
795
796 [ 1 of 1886. ] PAYMENT OF SMALL SUMS DUE TO THE ESTATES
OF DECEASED CIVIL SERVANTS .
2 OF 1886. ] APPORTIONMENT.
No. 1 OF 1886.
An Ordinance to empower the Colonial Treasurer to
pay otherwise than to Executors or Administrators
small Sums due on account of Pay or Allowances to
Persons deceased.
[ 10th March , 1886. ]
Treasurer, &c.
may , on death
1. On the death of any person or persons to whom respectively
of persons in any sum or sums of money not exceeding five hundred dollars
civil service
entitled to
inay be payable by a public department within the Colony in
sums under respect of civil pay or allowances or annuities granted either
$ 500, direct
payment under the authority of the Government of the Colony or of the
thereof British Government, it shall be lawful for the Treasurer on
without
production of being satisfied of the expediency of dispensing with probate or
letters of
administra
letters of administration, to authorize the payment of such sum
tion . or sums to such person or persons as the Treasurer may consider
[31 and32 v. entitled thereto, without requiring the production of probate or
c. 90, s . 1.]
of letters of administration , payment to be made under such
regulations as the Treasurer may direct..
Indemnity. 2. Any payment made in pursuance of this ordinance shall
[31 and32
c. 90, s. 2. ] V. be valid against all persons whatever, and all persons acting
under its provisions shall be absolutely discharged from all
liability in respect of any monies duly paid or applied by them
under this ordinance.
Commence .
ment of ordi.
3. This ordinance shall not come into force until Her
nance. Majesty's confirmation or allowance thereof shall have been
proclaimed.
[ Confirmation proclaimed 5th June, 1886.]
No. 2 OF 1886 .
An Ordinance for the better Apportionment of Rents
and other Periodical Payments .
[ 10th March , 1886.)
*** * *
Short title. 1. This ordinance may be cited for all purposes as The
.(33 and31 V. Apportionment Ordinance, 1886.
APPORTIONMENT. [ 2 of 1886. ) 797
2. From and after the commencement of this ordinance all Rents, &c. to
accrue from
rents, annuities, dividends, and other periodical payments in day to day,
and be
the nature of income ( whether reserved or made payable under apportionable
an instrument in writing or otherwise ) shall, like interest on in respect of
money lent, be considered as accruing from day to day, and time , s. 2. ]
[ Ibid,
shall be apportionable in respect of time accordingly .
3. The apportioned part of any such rent, annuity, dividend , Apportioned
or other payment shall be payable or recoverable in the case of &part of rent,
a continuing rent, annuity , or other such payment, when the the payable
next
when
entire portion of which such apportioned part shall form part, entire portion
shall become due and payable and not before; and in the case [becomes
Ibid, s. duc.
3. ]
of a rent, annuity, or other such payment determined by re
entry, death, or otherwise, when the next entire portion of the
same would have been payable if the same had not so determined ,
and not before .
4. All persons and their respective executors, administrators , Persons shall
and assigns, and also the executors, administrators, and assigns have thesame
respectively of persons whose interests deterrnine with their own recovering
deaths, shall have such or the same remedies at law and in apportioned
pirts as for
equity for recovering such apportioned parts as aforesaid when portions
entire
payable ( allowing proportionate parts of all just allowances) as perbia,s.4.]
they respectively would have had for recovering such entire
portions as aforesaid if entitled thereto respectively; provided rents
Provisoreserved
as to
that persons liable to pay rents reserved out of or charged on in certain
lands or tenements, and the same lands or tenements, shall not cases.
be resorted to for any such apportioned part forming part of an
entire or continuing rent as aforesaid specifically , but the entire
or continuing rent, including such apportioned part, shall be
recovered and received by the person who, if the rent had not
been apportionable under this ordinance, or otherwise, would
have been entitled to such entire or continuing rent, and such
apportioned part shall be recoverable from such person by the
executors or other parties entitled under this ordinance to the
same by suit or action.
5. In the construction of this ordinance, - Interpretat
tion of terms,
The word rents shall include all periodical payments or [ Ibid, s. 5.]
renderings in lieu of or in the nature of rent .
The word annuities shall include salaries and pensions.
The word dividends shall include ( besides dividends strictly
so called ) all payments made by the name of dividend,
bonus, or otherwise out of therevenue of trading or
other public companies , divisible between all or any
of the members of such respective companies , whether
such payments shall be usually made or declared at
any fixed times or otherwise ; and all such divisible
798 2 or 1886. ] APPORTIONMENT.
3 OF 1886 . LARCENY AND EMBEZZLEMENT.
revenue shall, for the purposes of this ordinance, be
deemed to have accrued by equal daily increment
during and within the period for or in respectof which
the payment of the same revenue shall be declared or
expressed to be made, but the said word dividends
shall not include payments in the nature of a return
or reimbursement of capital .
Ordinance not
to apply to 6. Nothing in this ordinance contained shall render apportion
policies of
assurance ,
able any annual sums made payable in policies of assurance of
[ Ibid, s. 6. ]
any description .
Nor where
stipulation
7. The provisions of this ordinance shall not extend to any
made to the case in which it is or shall be expressly stipulated that no
contrary.
[1bid, $ 7. ]
apportionment shall take place.
No. 3 OF 1886 .
An Ordinance to amend the Law relating to Larceny
and Embezzlement,
[ 10th March, 1886. ]
Short title. 1. This ordinance may be cited for all purposes as The Lar
ceny and Embezzlement Amendment Ordinance 1886, and shall
be read and construed with Ordinance 7 of 1865 and all ordi.
nances amending the same.
Member of 2. If any person, being a member of any copartnership or
partnership
guilty of being one of two or more beneficial owners of any money,goods
converting to or effects, bills, notes, securities , or other property, shall steal
his own use,
&c. partner or embezzle any such money , goods or effects, bills, notes,
ship property, securities, or other property belonging to any such copartner,
tried as if not ship or to such joint beneficial owners, every such person shall
a member.
[ 31 and 32 V. be liable to be dealt with , tried , convicted and punished for the
c . 116, § 1.) same as if such person had not been or was not a member of
such copartnership or one of such beneficial owners .
799
INFANTS CUSTODY. -SALES OF REVERSIONS. [ 4 & 5 or 1886. )
No. 7 OF 1886 .
An Ordinance to amend the Law relating to the Cus
tody of Infants.
[ 10th March , 1886.]
* *
1. This ordinance may be cited for all purposes as The In- Short title.
fants Custody Ordinance, 1886.
2. From and after the commencement of this ordinance it Supreme
Court
shall be lawful for the Supreme Court upon the petition pre- Order mother
sented in a summary way of the mother (by her nest friend if to have access
necessary ) of any infant or infants under the age of sixteen toand custody
of
years to order that the petitioner shall have access to such infant under 16
veal's
or infants at such time and subject to such regulations as the 36 V. c. 12,
Court shall deem proper or to order that such infant or infants s * .]] * 1
shall be delivered to the mother and remain in or under her
custody or control or shall if already in her custody or under
her control remain therein until such infant or infants shall
attain such age not exceeding sisteen years as the Court shall
direct ; and further , to order that such custody or control shall
be subject to such regulations as regards access by the father or
guardian of such infant or infants and otherwise as the Court
shall deem proper.
3. No agreement contained in any separation deed made Separation
between the father and mother of an infant or infants shall be deed agree
ment to give
or be deemed to be invalid by reason only of its providing that (up36 custody.
V. .
the father of such infant or infants shall give up the custody or $33. ]4. c. 12,
control thereof to the mother : provided always that no Court
shall enforce any such agreement if the Court shall be of opinion
that it will not be for the benefit of the infant or infants to give
effect thereto .
No. 5 OF 1886.
An Ordinance to amend the Law relating to Sales of
Reversions.
( 10th March, 1886. ]
*
*
1. This ordinance may be cited for all purposes as The Sales Short title.
of Reversions Ordinance, 1886 .
800 5 OF 1886 . ] SALES OF REVERSIONS .
6 OF 1886. ] PRINTERS AND PUBLISHERS .
No bona fide 2. From and after the commencement of this ordinance no
purchase of
purchase made bond fide and without fraud or unfair dealing of
be set aside any reversionary interest in property of any kind within the
valuc merely. Colony shall hereafter be opened or set aside merely on the
[ 31 V. c. 4 , s. ground of undervalue.
1. ]
Interpreta- 3. The word purchuse in this or linance shall include every
tion .
[ Ibid. s. 2. ] kind of contract, conveyance or assignment under or by which
any beneficial interest in any kind of property may be acquired.
No 6 OF 1886 .
An Ordinance to regulate the printing of Newspapers
and Books and the keeping of Printing Presses within
the Colony
[ 24th March , 1886.]
*
PART I.
Preliminary
Short title. 1. This ordinance may be cited for all purposes as The Print
er's and Publishers Ordinance, 1886. *
Interpreta 3. In the construction of this ordinance, unless there is any.
tion .
(44 and 45 V. thing in the subject or the context repugnant thereto, the
c . 60, s. 1. ] several words and plirases hereinafter mentioned shall have and
include the meanings following, that is to say :--
The word Registrar shall mean the Registrar of the Su
preme Court of Hongkong or either of the Deputy
Registrars thereof for the time being .
The word newspaper shall mean any paper containing
public news, intelligence, or occurrences, orany remarks
or observations thereon, printed for sale and published
in the Colony periodically or in parts or numbers at
intervals not exceeding twenty -six days between the
publication of any two such papers, parts, or numbers,
also any paper, printed in order to be distributed and
made public weekly or oftener or at intervals not ex
ceeding twenty -sixdays, containing only or principally
advertisements .
PRINTERS AND PUBLISHERS . 6 OF 1886. ] S01
The word book shall mean every volume, part or division [5 and 6 V. c.
of a volume, pamphlet, sheet of letter press, sheet of 45, s. 2.]
music, map, chart, or plan , separately printed or pub
lished in the Colony, containing literary, scientific,
artistic, or musical composition, matter or work.
The word proprietor shall mean and include as well the [44 and 45 V.
sole proprietor of any newspaper as also, in the case C. 60,s.1.]
of a divided proprietorship , the persons who as partners
or otherwise represent and are responsible for any
share or interest in the newspaper as between them
selves , and the persons in like manner representing or
responsible for the other shares and interest therein
and no other person .
The phrases place of residence, place ofbusiness shall include
the street, square, or place, where the person to whom
it refers shall reside or shall carry on business as the
case may be , and the number (if any ) or other desig
nation of the house in which he shall so reside or carry
on business.
The words newspaper register shall mean the books to be
kept by the Registrar for the purpose of making and
registering all declarations required or permitted to be
made by this ordinance and such books shall contain
printed copies of theforms prescribed by this ordinance
to be filled up by the Registrar and signed by the
party making the declaration .
PART II .
Printers, publishers, and proprietors.
4. From and after the expiration of seven days from the No newspaper
coming into operation of this ordinance no newspaper shall be to be publish
printed or published within the Colony except in conformity accordance
with the pro
with the provisions hereinafter contained. visions herein.
[ Re-enact.
ment No. 2 ot
1844 , s. 1. ]
( 1. ) The printer and publisher of every newspaper shall Declaration.
appear before the Registrar and shall make and s.[26.]of 1844,
subscribe in the newspaper register a declaration (44 and45 V.
according to the form No. 1 in the schedule hereunto č. 60, s. 9.]
annexed.
( 2. ) As often as the place of printing or publication is change of
place, print
changed, a new declaration shall be necessary. ing or publish
ing.
ſilid .)
S02 of 1886. ] PRINTERS AND PUBLISHERS .
[ 6 OF
Printer or ( 3. ) As often as the printer or publisher who shall have made
publisher
leaving the aforesaid declaration shall leave the Colony per
Colony.
manently or temporarily, or shull, although in the
>
[ No. 4 of Colony, be imprisoned or otherwise incapacitated from
1891.]
being or shall cease to be the actual printer or publisher
for the time being, a declaration from the actual printer
or publisher resident within the Colony shall be neces
sary .
Penalty for
non -observan
5. Whoever shall print or publish any newspaper without
ce of s . 5. * conforming to the provisions in section 4, or whoever shall print
[44 and 45
c. 60 , s. 2. ]
V. and publish or cause to be printed or published any newspaper
* 4 knowing that the said provisions have not been complied with,
shall on conviction be liable to a penalty of not exceeding $ 1,000
or to imprisonment for a term not exceeding six months.
Declaration 6. If any person , who has made and subscribed the declara
ceasing to be tion prescribed by section 4 , ceases to be the printer or publisher
printer, &c .
į Ibid. sec. 5.] of the newspaper mentioned in such declaration, he may appear
before the Registrar and may make and subscribe a declaration
in the newspaper register according to the form No. 2 in the
schedule bereunto annexed .
Change of 7. Upon every change of the proprietor of any newspaper,or
proprietor
ship . upon every transfer or transmission of or dealing therein whereby
44
(11 and45
c. 60, s. 9. ] V. any person ceases to be a proprietor or any new proprietor is
introduced, it shall be the duty of the printers and publishers
for the time being of such newspaper within 21 days from the
time of such change, transfer or transmission as aforesaid, to
appear before the Registrar and subscribe a declaration in the
newspaper register according to the forın No. 3 in the schedule
hereunto annexed.
Penalty for
omission to 8. If within the said period of twenty-one days such declara
make the tion shall not be made, then each printer and publisher of such
declaration
in s . 7 . newspaper shall on conviction be liable to a penalty not exceed
[44 and45 v. ing $150.
c . 60 , s. 10.]
(£ 24 .)
Power for 9. Any party to a transfer or transmission ofor dealing with
party on
change of any share of or interest in any newspaper whereby any person
proprietor-
ship to make
ceases to be a proprietor or any new proprietor is introduced,
declaration . may at any time make or cause to be made the declaration
44 45 V.
[*tand 15.v. prescribed by section 7 of this ordinance.
Authority to
make declara
10. Where in the opinion of the Governor in Council in
tion of some convenience would arise or be caused in any case from making a
only of declaration of the names of all the proprietors of the newspaper
proprietors.
[44 and 45 v. minute
( either owing to minority,
subdivision of sharescoverture, absence from the Colony,
or other special circumstan
c. 60, s. 7. ] ces) it
PRINTERS AND PUBLISHERS. [66 or 1886. ) SU3
shall be lawful for the printers or publishers of such newspaper,
upon the order of the Governor in Council, to male such
declaration with the name or names of sume one or more
representative proprietors.
11. The provisions hereinbefore contained in reference to the Exception as
proprietor of any newspaper shall not extend or apply to any and papers of
newspaper which belongs to a joint-stock company duly incorpo- companies.
[ 14 and 45 V.
rated under the ordinances relating to joint-stock companies. c . 61, s. 18. ]
Printers
12. Every person who shall print any newspaper, paper, or keep to
copy of
book for hire, reward, gain or protit, shall carefully preserve newspapers
and keep one copy ( at least) of every newspaper, paper, or book and booksand
to produce on
so printed by him , on which he shall write or print or cause to request of
be written or printed in legible characters the name and place Magistrate
of residence of the person or persons by whom he is employed c.€ 7979,, s . 29,
to print the same and shall keep and preserve the s :ime for the c32. 21.]
and 33 V.
space of six months after the printing thereof and shali proluce ( Monih
and show the same to a Police Magistrate of the Colony if calendar,
means s. 1
required to do so within the said six months, and every person of67.]
who shall omit or neglect any of the provisions of this section Penalty.
shall on conviction be liable to a penalty not exceeding one ( € 20.)
hundred dollars.
13. Every person who shall print any newspaper, paper, or Printers to
book , intended to be distributed or made public, shall print print their
and
upon the front of every such newspaper or paper, if the same addresses on
shall be printed on one side only, or upon the first or last leaf newspapers
of every newspaper, paper, or book , which shall consist ofiore (2 and 3 V.c.
12 , s , 2 ; 32
than one leaf, in legible characters his name and usual place of and 33 v. c.
residence or business , and every person who shall distribute or 21 sch .)
publish or assist to distribute or publishı any such newspaper,
paper, or book, without fulfilling the requirements ofthis section ,
shall upon conviction be liable to a penalty not exceeding $ 25 . Penalts.
for everycopy of such neurspaper, paper or book , so printed (45.)
distributed or published by hiin
14. Every person who shall print or publish or cause to be Bond to be
printed or published any newspaper, shall prior to such printing printer or
or publishing enter into a bond before the Registrar, together publisherof
with two sufficient sureties to the satisfaction of the Registrar, 1860.60 Geo.
such printer or publisher or printer and publisher in the sum of 4111.c.9.1.W.
, c. 73 ,
twelve hundred dollars and such sureties jointly in a like sum, répen led by
conditioned that such printer or publisher or printer and publish- 32V. and
c 33
er shall pay every fine or penalty as may at any time be im- (€250.)
posed upon or adjudged against him or any person acting for
him in his absence by reason of any conviction for printing or
publishing or printing and publishing any libel at any time
after the entering into such bond and also all costs of such
conviction ; and further conditioned that every such printer or
SOL [6 of 1886. ] PRINTERS AND PUBLISHERS .
publisher or printer and publisher shall pay all such damages
and costs as may be recovered or arise in any action for libel
published in such newspaper ; and every person not covered by
such bond who shall print or publish or cause to be printed or
published any newspaper without having entered into such bond
with such sureties as aforesaid shall upon conviction for every
such offence be liable to a penalty not exceeiling $ 100 together
with the costs of conviction .
Altorney
lieueral or 15. Every bond so given as aforesaid may be sued upon in
plaintiff to
sile upon
the name of the Attorney General of the Colony in cases of
bonds.
indictment or information and of the plaintitf or plaintiff's in
5.2. No, 14 any action for libel in which damages may be recovered .
of 1880. ]
Nei suretics
in certain
16. In every case in which any surety in any such bond as
( ises . aforesaid shall have been required to pay and have paid the
[ Thil. s. 3.] whole or any part of the sum for which he shall have become
surety ; or in case be shall become bankrupt or shall cease to
reside in the Colony, then and in every such case the person
for whom such surety shall have been bound shall not print or
publish any newspaper until he shall have entered into a new
bond with sufficient sureties in the manner and to the amount
aforesaid ; and in case he shall print or publish any such news
paper without having executed such new bond as aforesaid, he
shall be liable on conviction for every such offence to a penalty
not exceeding $ 100 together with the costs of conviction.
Withcrawal 17. If any surety as aforesaid shall be desirous of withdraw
of sureties.
[ Ibid, s, t .) ing from such bon !. it shall be lawful for him to do so " poni
giving twenty days' previous notice in writing to the Registrar
and also to his principal; and in every such case such surety
shall upon the expiration of such notice cease to be liable upon
such bonci except for any penalty or penalties damages or costs
” have been printed or
for or in respect of any libel irhich may
published in such newspaper previous to the expiration of such
notice and for which he would otherwise have been liable under
such bond ; and in every such case the person for whom such
surety shall have been bound shall not print or publish any
newspaper until he shall have executed a new bond with suffi
cient sureties in the manner and to the amount aforesaid ; and
in case be shall print or publislı any such newspaper without
having entered into such new bond as aforesaid , he shall be
liable on conviction for every such offence to a penalty not
exceeding $ 100, together with the costs of conviction .
('ustody of
bonds.
18. All bonds entered into in pursuance of this ordinance
(S. 6 of No. shall upon excention
escention be
be deposited with the Registrar for safe
16 , of 1800),
altered .)
custody.
PRINTERS AND PUBLISHERS. (; or 1886 . S03
PART III .
Printing p * $!%.
19. From and after the expiration of seven days from the Declaration
coming into operation of this ordinance no person shall within is of No. 2 of
the Colony keep in his possession any press for the printing of ist .
newspapers books or papers who shall not have inade aud
subscribed before the Registrar in the newspaper register a
declaration according to the form No. 4 in the schedule here
into annexed , such declaration to be made in like manner as
is prescribed for the declarations bereinbefore mentioned , and
whoever shall keep in his possession any such press without
making such declaration shall on conviction be liable to a
penalty not exceeding $ 1,000, or imprisonment for a term not
exceediny six montlis.
PART IV.
General
20. Ali persons shall be at liberty to search and inspect the search .
newspaper register from time to time during the hours of busi- Inspection.
ness of the Supreme Court on payment of Si , for every such copies
search and inspection , and any person may require a copy of $ . 3 , 7 , tant
any entry or an extract from the said book to be certified by 1: 1. , 60 ,
1 :3 . ]
the Registrar under the seal of the Court on payment of $ 2 for
every such copy.
21. Every copy of an entry iu or extract from the newspaper copies of
register as aforesaid purporting to be certified by the Registrar entries,
curioso. ini
under the seal of the said Court shall be received as conclusive evidenceof
eridence of the contents of the sail register so far as the same 44 and.is v .
appear in such copy or extract without proof of the signature 1.6013.
Similiter
thereto or of the seal of the Court affixed thereto and every for of
such certified copy or extract shall in all proceedings civil or 154.s3..
in part .]
criminal be accepted as sufficient primâ facie evidence of all the This ( olers
matters and things thereby appearing unless and until the stof No. 2
contrary thereof be shown . of IST .
22. If any person shall knowingly and wilfully make or making
l'emalt for
cause to be made any leclaration by this ordinance required or wilful mi
permitted to be made in which there shall be any untruth or represent:
inisrepresentation or from which there shall be any omission leclarat in ions
in respect of any of the particulars by this ordinance required of(5.9of
1861.
So..
12
to be contained therein whereby such declaration shall be mis. of land
H ...4.5
leading, or if any proprietor of a newspaper shall knowingly 1.6.1 ).]
and wilfully permit any declaration under sections 1 and 1 of
this ordinance to be made which shall be misleading with
reference to his own name, occupation, place of business ( if any )
806 [ 6 OF 1886. ] PRINTERS AND PUBLISHERS .
or place of residence, every such offender being convicted
( £ 100. ) thereof shall be liable to a penalty not exceeding $ 500.
General
exceptions.
23. This ordinance shall not extend or apply to the impres
139 Geo . III sion of any engraving or to the printing by letter press of the
c s. .
6. 79, ,?, re, name or of the name and addresses or business or profession of
enacted in 32
and 33 V. c. any person or of the article in which he deals or of any paper
21 sch .] containing an advertisement of the sale of any estates or goods
by auction or otherwise or of ordinary business notices or
advertisements.
Recovery of 24. All penalties under this ordinance may be recovered
penalties.
11 and 1.:v . summarily before a Police Magistrate according to the laws for
C. 60, s. 16.] the time being in force within the Colony regulating summary
procédure.
Limitation of
prosecution 25. No persons shall be prosecuted or sued for any penalty
or action . inposed by this ordinance unless such prosecution shall be
, s. III. commenced or su « h action shall be brought within 6 months
[39Geo.
.
next'after such penalty shall have been incurred ; nor unless
such prosecution or action be commenced, prosecuted, entered,
or filed in the name of the Attorney General for the time being
of the Colony and with his assent .
Commence 26. This ordinance shall commence and come into operation
ment of
ordinance. on a day to be proclaimed by the Governor.
THE SCHEDULES ABOVE REFERRED TO .
Form I.
Form of declara
tion by printer 1, [ full name and address ] declare that I am the printer ( or publisher or
and/or publisher printer and publisher as the case may be] of the newspaper entitled
under s. 4 .
and printed (or published or printed and published as
the case may be] at Hongkong, the premises where such printing ( or publica
tion or printing and publication ) is carried on are situate at Chere describe
them precisely] and I further declare that [here state the full name of the
proprietor or proprietors or “ representative proprietors," (see e. 10 ), ] is (or
are) the proprietor (or proprietors or “ representative proprietors ”'] of the said
newspaper [here state their respective occupations, places of business (if
any) and places of residence .]
[ Signature of printer and publisher, & c.]
Declared, & c.
[ Signature of Registrar and
Seal of the Court.]
Form II .
Form of
claration 1 , [then follows us in last form ] declare that I have ceased to be the printer
under s. 6 . [or publisher or printer and publisher) of the newspaper entitled [ here insert
name of paper .]
[ Signature and Declaration ax in last form . ]
PRINTERS AND PUBLISIIERS. ( 6 or 1886. ) S07
USURY . 7 of 1886. )
Form III .
I, ( then follows as in form I] the printer [ or publisher or printer and Form of
publisher] of the newspaper entitled ( stute name]declare that [ state full name] declaration
under 35.7,9.
has ceased to be the proprietor (or a proprietor] of the said newspaper entitled
[ state name] and that [state full names with his or their occupation, place
of business ( if any) and pluce of residence] is ( or are ] now the proprietor
(or proprietors ) thereot.
[ Signature of person making declaration .]
Declared [us inform I.]
Form IV .
1, [state name and place of residence] declare that I have a press for declaration
form of
printing at [here state the place where the press is kept giving a true and under s. 19.
precise description of the premises.
[ Signature and declaration as in form I.]
[ In force from 12th July, 1886. Proclamation 10th July, 1886. ]
No. 7 OF 1886 .
An Ordinance to repeal the Usury Laws and to fix a
legal rate of interest.
[ 24th March , 1886.]
* *
1. This ordinance may be cited for all purposes as The Usury Short title.
Ordinance, 1886.
*
3. Where interest is payable upon any contract, espress or Recovery of
interest .
implied, for payment of the legal or current rate of interest, or
where upon any debt or sum of money interest is payable by
any rule of law, such rate of interest shall be recoverable, as if
this ordinance had not been passed .
4. Where interest is payable on any contract, express or Rate of
implied, or on any debt or sum of money, but the rate of such interest
where no
interest is not fixed by the contract or by the parties or rule of agreement,
and
18 v. [c. 90,
law, the rate thereof shall not exceed $ 8 per cent. per annum . &c.
Provided always that it shall be lawful for the Supreme Court s.2.]
of Hongkong and every other Court having jurisdiction within
the Colony, in awarding interest in any action, suit or matter,
to allow a lower rate of interest, if the circumstances of the case
render it just and espedient.
5. Nothing herein shall be taken to affect or repeal any ordi- orilinances
Not to affect
nance relating to pawnbrokers. relating to
pawnbrokers.
[ Ibid, s, 3. ]
SOS
( 10 of 1886.] WIDOWS AND CHILDREN RELIEF .
No. 10 OF 1886 .
An Ordinance entitled An Ordinance for the Relief of
IVidous and Children of Intestates where the personal
estate is of small value.
[7th May, 1886.]
*** **
Short title. 1. This ordinance may be cited for all purposes as The l'id
ous and Children Relief Ordinance, 1886, and shall be read
and construed as one with Ordinance No. 8 of 1860 and any
ordinance amending the same.
Application 2. Where the whole estate and effects of any person dying
to Registrar
where estate
(loes not
intestate within the Colony siall not exceed in value the sun
exceed $ 500 . of $ 500 liis widow or any one or more of his children or in the
( 36 & 37 V. case of a widow so dying intestate as aforesaid her children, as
c . 52 , s. 1. ]
[ 38 & 39 7. the case may be, provided such widow or children respectively
č. 27. ] are resident within the Colony may apply to the Registrar of
the Supreme Court and the said Registrar shall fill קוthe usual
papers required by the Court in its probate jurisdiction to lead
to a grant of letters of administration of the estate and effects
of the said intestate and shall swear or declare the applicant and
attest the execution of the administration bond required accord
ing to the practice of the Court in its probate jurisdiction and
he shall also in due course make out and seal the letters of ad
ministration of the estate and effects of the said intestate and
deliver them to the party so applying for the same without pay-.
ment of any fee save as is provided by this ordinance.
Proof of iden . 3. The said Registrar may require such proof as he may
tity of person
applying. think sufficient to establish the identity and relationship of the
[ 36 & 37 V. applicant.
c . 52, s. 2.]
Registrar 4. If the said Registrar las reason to believe that the whole
may refuse to estate and effects of which the intestate died possessed exceeds
[ Ibid, s . 3.] in value $ 300, he shall refuse to proceed with the application
until he is satisfied as to the actual value thereof.
Power to 5. Any rules and orders and tables of fees requisite for carry.
frame rules,, ing this ordinance into operation shall be frained and may , from
[ 1 bid . s. 5. ) time to time, be altered by the Chief Justice of the Supreme
Court but the total amouet to be charged to applicants shall
not in any one case exceed the sums mentioned in the schedule
[ vide soc. 24. to this ordinance and no such rules and orders or tables of fees
No. 12 of
1873. ] or alterations thereof shall have any force or effect until the
same shall have been approved of by the Legislative Council of
the Colony and published in the Gazette.
WIDOWS AND CHILDREN RELIEF. ( 10 OF 1886 . SO9
LOAN . 11 OF 1886 .
6. Nothing herein contained shall be construed to affect any duty
Not toonaffect
admi.
duty now payable on letters of administration . nistration .
[ Ibid. s. 6.)
SCHEDULE .
Where the whole estate and effects of the intestate shall not exceed in Schedule.
value $ 100 , the sum of Sl : and where the whole estate and effects shall £ 20 .
exceed in value $ 100, the sum of $ 1 ; and the further sum of 20 cents for
every $ 50 or fraction of $50 by which the value shall exceed $ 100.
No. 11 OF 1886 .
An Ordinance to authorise the raising of a Loan not
exceeding Two Hundred Thousand Pounds.
[ 7th May, 1886.]
HEREAS it is expedient to raise on loan two hundred
WH thousand pounds to be expended : * *
*
1. This ordinance may be cited for all purposes as The Lomn Short title.
Ordinance, 1886 .
2. It shall be lawful for the Governor to raise by the issue Issue of
of debentures under this ordinance any sum or sums not exceed . debentures.
ing in the whole two hundred thousand pounds.
3. The principal moneys and interest, secured by the dcben- Principal and
interest out
tures issued under this ordinance, are hereby charged upon and payable
shall be payable out of the general revenues and assets of the vf revenue.
Government of Hongkong.
4. Every debenture issued under this ordinance shall be for Price of eachi
a sum of not less than one hundred pounds sterling, carrying debenture ;
interest at a rate not exceedling four and a half per centum per mole of
annum payable half yearly, and shall be paid off at par at any paying
&e . off,
time after the expiration of five years, but not later than twenty
years from the date of issue, provided always that not less than
six months' notice shall be given by alvertisement, in the
London Times newspaper , of the intention of the Governincnt of
Hongkong to pay off the debentures issued or a part thereof
under and by virtue of tliis ordinance, and provided also that
the time fixed for such repayment shall be a day on which a
coupon shall become due and payable.
810 [ 11 of 1886.] LOAN ,
Crown agents 5. The debentures shall be issued in London at the offices of
to issue
debentures. the Crown Agents for the Colonies, and shall be signed on behalf
of the Government of Hongkong by any two of them .
Registration 6. Every debenture shall, before being issued, be registered
.
of debentures, in a register book to be kept for that purpose at the offices of
the Crown Agents for the Colonies.
Coupons. 7. There shall be attached to every debenture, coupons for
the payment of the interest to become due in each half year
upon the principal secured by the debenture.
Forms. 8. The debentures and the coupons shall be in such form as
the Croirn Agents for the Colonies may approve.
Debentures
9. Every debenture and all right to and in respect of the
transferable. principal money secured thereby, and each compon and all right
to the interest payable in respect thereof, shall be transferable
by delivery, and the principal moneys secured by such debenture,
and the interest payable by such couponi, shall be payable at
the offices of the Crown Agents for the Colonies in London .
Interest to be
paid half 10. The Governor shall appropriate half-yearly, out of the
yearly. general revenues of the Colony, the necessary sums to pay the
half-yearly interest due on account of the said loan.
Sinking fund . The Governor shall further appropriate half -yearly, out of the
general revenues of the Colony, commencing six months after
the date of issue of the first debentures created under this
ordinance, the sum of three thousand five hundred and thirty -six
pounds, and shall remit the same to the Crown Agents for the
Colonies in London , to be invested by them in some one or
more of the securities of the Imperial Government of Great
Britain, or of the Gorernment of any Colony of Great Britain ,
as they may from time to time determine, as a sinking fund for
the final extinction of the debt. The Crown Agents shall also
from time to time invest the dividends, interest, or produce
arising from such investment, so that the same may accuinulate
by way of compound interest.
If sinking
fund insuffi .
11. In case the sinking fund shall be insufficient for the
cient, Colony payment of all the principal money's borrowed under the
to make good authority of this ordinance at the time the same shall have
deficiency.
become due, the Governor shall make good the deficiency out of
the general revenues and assets of theColony.
Expenses 12. All expenses of, or incidental to the management of the
payable out
of sinking
fund.
sinking fund , or the repayment of the principal moneys to be
borrowed under this ordinance, shall be paid out of the sinking
fund.
BILLS OF SALE . [ 12 OF 1886. ] $ 11
No. 12 OF 1886 .
An Ordinance to consolidate and amend the Law for
preventing Frands upon Creditors by Secret Bills of
Sale of Personal Chattels.
[7th May, 1886.]
* *
* * .
1. This ordinance may be cited for all purposes as The Bills Short title.
of Sale Ordinance, 1886 .
2. This ordinance shall commence and come into operation Commence
ment.
on a day to be named by the Governor, and shall apply to every (11& 12 V.
bill of sale executed after such commencement (whether the c. 31,s. 2
& 3. ]
same be absolute, or subject or not subject to any trust ), whereby
the holder or grantee has power, either with or without notice ,
and either immediately or at any future time, to seize or take
possession of any personal chattels within the Colony comprised
in or made subject to such bill of sale.
***
4. In this ordinance , the following words and expressions Interpreta
tion of terms.
shall bave the meanings in this section assigned to them respect . (11 & 42 v.
ively, unless there be something in the subject or context č. 31, s. 4.]
repugnant to such construction ;; that is to say :--
The expression Bill of Sale shall include bills of sale,
assignments, s
transfers, declaration of trust without
transfer, inventories of goods with receipt thereto
attached , or receipts for purchase moneys of goods,
and other assurances of personal chattels, and also
powers of attorney, authorities, or licences to take
possession of personal chattels as security for any debt,
and also any agreement, whether intended or not to
be followed by the execution of any other instrument,
by which a right in equity to any personal chattels,
or to any charge or security thereon, shall be conferred ,
but shall not include the following documents ; that
is to say , assignments for the benefit of the creditors
of the person making or giving the same, marriage
settlements, transfers or assignments of any ship or
vessel or any share thereof, transfers of goods in the
ordinary course of business of any trade or calling,
bills of sale of goods in foreign parts or at sea, bills of
lading, India warrants, warehousekeepers ' certificates,
S12 [ 12 of 1886. ] BILLS OF SALE .
warrants or orders for the delivery of goods, or any
other documents used in the ordinary course of business
as proof of the possession or control of goods, or
authorising or purporting to anthorise, either by
indorsement or by delivery, the possessor of such
document to transfer or receive goods thereby re
presented : provided always that in the construction
[ 45 & 46 V. of sections 8, 10 , ( sub-section 1 ), 12 , 13, 14 , 15 , 16 ,
>
c. 43, s. 3. ]
17, 18, 19 , 23 , of this ordinance, the said expression
9
shall not include bills of sale or other instruments
hereinbefore mentioned which may be given otherwise
than by way of security for the payment of money.
The expression Personal Chattels shall mean goods, furni
ture, and other articles capable of complete transfer
hy delivery, and ( when separately assigned or charged )
fixtures and growing crops, but shall not include
fixtures ( except trade machinery as hereinafter de
fined ), when assigned together with any interest in
any land or building to wbich they are affixed , nor
growing , crops when assigned together with any
interest in the land on which they grow nor shares or
interests in the stock , funds, or securities of any
government, or in the capital or property of incorpo
rated or joint stock companies, nor choses in action ,
nor any stock or produce upon any farın or lands
which by virtue of any covenant or agreement ought
not to be removed from any farm where the same are
at the time of making or giving of such bill of sale :
Personal chattels shall be deemed to be in the apparent
possession of the person making or giving a bill of sale,
so long as they remain or are in or upon any house ,
mill, warehouse, building, works, yard , land, or other
premises, occupied by him , or are used and enjoyed
by him in any place whatsoever notwithstanding that
formal possession thereof may have been taken by or
given to any other person :
Registrar shall mean the Registrar of the Supreme Court
or his deputy.
Affidavit shall include any affirmation or declaration of any
person by law allowed to make an affirmation or
declaration in lieu of an affidavit.
Prescribed means prescribed by rules made under the
provisions of this ordinance.
BILLS OF SALE . [ 12 of 1886. ] 813
5. From and after the commencement of this ordinance, trade ordinance
Applicationtoof
machinery sball, for the purposes of this ordinance, be deemed trade machine
to be personal chattels, and any mode of disposition of trade ery .
machinery by the owner thereof, which would be a bill of sale {c.1131 ,ands. 5.42] V.
as to any other personal chattels, shall be deemed to be a bill of
sale within the meaning of this ordinance.
-
For the purposes of this ordinance,
Trade machinery means the machinery used in or attached
to any factory or workshop,
1st. Exclusive of the fixel motive-powers, such as the
water -wheels and steam engines, and the steam
boilers, donkey engines , and other fixed appurte
nances of the said motive -powers ; and
2nd. Exclusive of the fixed power machinery, such as the
shafts, wheels, drums, and their fixed appurtenances,
which transmit the action of the motive -powers to
the other machinery, fixed and loose ; and
3rd. Exclusive of the pipes for steam , gas, and water in
the factory or workshop .
The machinery or effects excluded by this section from the
definition of trade machinery shall not be deemed to be personal
chattels within the meaning of this ordinance .
Factory or workshop means any premises on which any
manual labour is exercised by way of trade, or for
purposes of gain , in or incidental to the following
purposes or any of them , that is to say,
( a. ) In or incidental to the making any article
or part of an article ; or
( 6. ) In or incidental to the altering , repairing ,
finishing, of any article ; or
( c. ) In or incidental to the adapting for sale any
article.
6. Every attornment, instrument, or agreement, not being a Certain in
mining lease, whereby a power of distress is given or agreed to giving
struments
powers
be given by any person to any other person by way of security of distress to
for any present, future, or contingent debt or advance, and besubject
this ordi
to
whereby any rent is reserved or made payable as a mode of nance.
providing for the payment of interest on such debt or advance, [[ 41 and42 v.
C.
or otherwise for the purpose of such security only, shall be
deemed to be a bill of sale, within the meaning of this ordinance,
of any personal chattels which may be seized or taken under
such power of distress
811 [ 12 of 1886. ] BILLS OF SALÉ .
Provided , that nothing in this section shall extend to any
mortgage of any estate or interest in any land or tenement which
the mortgagee, being in possession , shall have demised to the
mortgagor as his tenant at a fair and reasonable rent.
Fixtures or
7. No fixtures or growing crops shall be deemed, under this
SaleWinterops
not be ordinance , to be separately assigned or charged by reason only
deemedassign
sepa- that they are assigned by separate words, or that power is given
co when the to sever them from the land or building to which they are affixed
Land
the passes
inby or from the land on which they grow without otherwise taking
strument. possession of or dealing with such land or building, or land, if
[*3and 13 V. bythe same instrument any leasehold interest in the land or
c. 31 , s. 7. ]
building, to which such fixtures are affixed , or in the land on
which such crops grow is also conveyed or assigned to the same
persons or person.
The same rule of construction shall be applied to all deeds or
instruments, including fixtures or growing crops, executed before
the commencement of this ordinance and then subsisting and in
force, in all questions arising under any bankruptcy, liquidation ,
assignment for the benefit of creditors, or execution of any
process of any Court, which shall take place or be issued after
the commencement of this ordinance.
Bill of sale to 8. Every bill of sale shall be duly attested and shall be
less attested registered within seven clear days after the execution thereof,
and register
ed . or if it is executed in any place out of the Colony then within
[45 and 46 V. seven clear days after the time at which it would in the course
c. 43, s . 8. ] of post arrive in the Colony if posted immediately after the
execution thereof, and shall truly set forth the consideration for
which it was given ; otherwise such bill of sale shall be void in
respect of the personal chattels comprised therein .
Avoidance of
9. Where a subsequent bill of sale is executed within or on
careabills upli-
of the expiration of seven days after the execution of a prior
sale.
(41 and 42 V. unregistered bill of sale , and comprises all or any part of the
c. 31 , s. 9.] personal chattels comprised in such prior bill of sale , then, if
such subsequent bill of sale is given as a security for the same
debt as is secured hy the prior bill of sale, or for any part of
such debt, it shall, to the extent to which it is a security for
the same debt or part thereof, and so far as respects the personal
chattels or part thereofcomprised in the prior bill, be absolutely
void , unless it is proved to the satisfaction of the Court having
cognizance of the case that the subsequent bill of sale was bonâ
fide given for the purpose of correcting some material error in
the prior bill of sale, and not for the purpose of evading this
ordinance.
Morle of 10. A bill of sale shall be attested and registered under this
registering ordinance in the following manner :
BILLS OF SALE . [ 12 OF 1886. ] 815
( 1. ) The execution of every bill of sale by the grantor (41 & 42 V. c.
46 Vs.10.45, &
shall be attested by one or more credible witness 31, s.
10.]
or witnesses, not being a party or parties thereto.
( 2. ) Such bill, with every schedule or inventory thereto
annexed or therein referred to, and also a true copy
of such bill and of every such schedule or inventory,
and of every attestation of the execution of such bill
of sale together with an affidavit of the time of such
bill of sale being made or given , and of its due
execution and attestation, and a description of the
residence and occupation of the person making or
giving the same (or in case the same is made or
given by any person under or in the execution or
any process, then a description of the residence and
occupation of the person against whom such process
issued ), and of every attesting witness to such bill
of sale, shall be presented to and the said copy and
affidavit shall be filed with the Registrar within
seven clear days after the making or giving of such
bill of sale.
( 3. ) If the bill of sale is made or given subject to any
defeasance or condition, or declaration of trust not
contained in the body thereof, such defeasance,
condition, or declaration shall be deemed to be part
of the bill, and shall be written on the same paper
or parchment therewith before the registration, and
shall be truly set forth in the copy filed under this
ordinance therewith and as part thereof, otherwise
the registration shall be void.
In case two or more bills of sale are given , comprising in
whole or in part any of the same chattels, they shall have prior
ity in the order of the date of their registration respectively as
regards such chattels ,
A transfer or assignment of a registered bill of sale need not
be registered.
11. The registration of a bill of sale, whether executed before Renewalof
or after the commencement of this ordinance, must be renewed registration ,
[ 41 & 42 V. c.
once at leastevery five years,, and if a period of five years elapses 31,s.11.]
from the registration or renewed registration of a bill of sale
without a renewal or further renewal ( as the case may be ), the
registration shall become void.
The renewal of a registration shall be effected by filing with
the Registrar an affidavit stating the date of the bill of sale and
of the last registration thereof, and the names, residences, and
occupations of the parties thereto as stated therein, and that the
bill of sale is still аa subsisting security.
S16 [ 12 of 1886. ] BILLS OF SALE .
Every such affidavit may be in the form set forth in the
schedule A hereto .
A renewal of registration shall not become necessary by
reason only of a transfer or assignment of aa bill of sale.
Bill of sale to
12. Every bill of sale shall have annexed thereto or written
baveschedule
of property thereunder å schedule containing an inventory of the personal
attached .
( 15 & 46 V. c.
chattels comprised in the bill of sale ; and such bill of sale save
43, s. 4.] as hereinafter mentioned, shall have effect only in respect of the
personal chattels specifically described in the said schedule, and
shall be void except as against the grantor in respect of any
personal chattels not so specifically described .
Bill of sale 13. Save as hereinafter mentioned, a bill of sale shall be void
not to affect
afteracquired except as against the grantor in respect of any personal chattels
property .
45 & 46 V. c.
specifically described in the schedule thereto ofwhich the grantor
43, s. 5. ) was not the true owner at the time of the execution of the bill
of sale .
Exception as
to certain
14. Nothing bereinbefore contained shall render a bill of sale
things. void in respect of any of the following things, ( that is to say.) : --
[ 15 & 16 V. c.
43, $ 6. ] ( 1. ) Any growing crops separately assigned or charged
where such crops were actually growing at the time
when the bill of sale was executed .
( 2. ) Any fixtures separately assigned or charged and any
plant or trade machinery where such fixtures plant
or trade machinery are used in attached to or
brought upon any land, farm , factory, workshop,
shop , house, warehouse, or other place in substitu
tion for any of the like fixtures, plant or trade
machinery specifically described in the schedule to
such bill of sale.
Bill of sale 15. Personal chattels assigned under a bill of sale shall not
with power to be liable to be seized or taken possession of by the grantee for
seize except
in certain
events to be
any other than the following causes :
void .
[ Ibid, s. 7.) ( 1. ) If the grantor shall make default in payment of the
sum or sums of money thereby secured at the time
therein provided for payment or in the performance
of any covenant or agreement contained in the bill
of sale and necessary for maintaining the security ;
( 2. ) If the grantor shall become a bankrupt or suffer the
said goods or any of them to be distrained for rent,
rates or taxes ;
( 3. ) If the grantor shall fraudulently either remove or
suffer the said goods or any of them to be removed
from the premises ;
BILLS OF SALE . [ 12 of 1886. ] 817
( 4. ) If the grantor shall not without reasonable excuse
upon demand in writing by the grantee produce to
him his last receipts for rent, rates and taxes ;
( 5. ) If execution shall have been levied against the goods
of the grantor under any judginent at law ;
Provided that the grantor may within five days from the seizure
or taking possession of any chattels on account of any of the
above mentioned causes apply to the Court or to a Judge thereof
in Chambers, and such Court or Judge if satisfied that by pay
ment of money or otherwise the said cause of seizure no longer
exists, may restrain the grantee from removing or selling the
said chattels or may make such other order as may seem just.
16. A bill of sale made or given by way of security for the form of bill
payment of money by the grantor thereof shall be void unless (15
of sale.
& 46 V. c.
made in accordance with the form in the schedule B hereto . 13 , s. 9.]
17. Every bill of sale made or given in consideration of any under
Bill of $sale
150
sum under one hundred and fifty dollars shall be void. to be void .
[ 15 & 46 V. c.
43 , s. 12. ]
18. All personal chattels seized or of which possession is toChattel s not
be removed
taken after the commencement of this ordinance under or by or sold .
virtue of any bill of sale (whether registered before or after the [Ibid.s.13.]
commencement of this ordinance) shall remain on the premises
where they were so seized or so taken possession of and shall
not be removed or sold until after the expiration of five clear
days from the day they were so seized or so taken possession of.
19. A bill of sale to which this ordinance applies shall be no Bill of sale
notto protect
protection in respect of personal chattels included in such bill chattels
of sale which but for such bill of sale would have been liable to against taxes
distress under a warrant or order for the recovery of taxes and
(Ibid.s..14.]
and rates .
20. The Registrar shall keep a book in this ordinance Form of
called “ the register ” ) for the purposes of this ordinance, and register,
( 41 & 42 V. c.
shall, upon the filing of any bill of sale or copy under this 31,s.12. ]
ordinance, enter therein in the form set forth in the schedule C
hereto, or in any other prescribed form , the name, residence ,
and occupation of the person by whom the bill was made or
given (or in case the same was made or given by any person
under or in the execution of process, then the name, residence,
and occupation of the person against whom such process was
issued, and also the name of the person or persons to whom or
in wbose favour the bill was given ) , and the other particulars
shown in the said schedule or to be prescribed under this ordi
nance, and shall number all such bills registered in each year
consecutively , according to the respective dates of their regis
tration .
818 [ 12 OF 1886. ] BILLS OF SALE .
Upon the registration of any affidavit of renewal, the like
entry shall be made, with the addition of the date and number
of the last previousentry relatingto the same bill, and the bill
of sale or copy originally filed shall be thereupon marked with
the number affixed to such affidavit of renewal.
The Registrar shall also keep an index of the names of the
grantors of registered bills of sale with reference to entries in
the register of the bills of sale given by each such grantor.
Such index shall be arranged in divisions corresponding with
the letters of the alphabet, so that all grantors whose surnames
begin with the same letter ( and no others) shall be comprised
in one division , but the arrangement within each such division
need not be strictly alphabetical.
Rectification
.
21. Any Judge of the Supreme Court , on being satisfied
(41 & 42 v.c. that the omission to register a bill of sale or an affidavit of
31 , s . 14. ) renewal thereof within the time prescribed by this ordinance,
or the omission or misstatement of the name, residence, or
occupation of any person , was accidental or due to inadvertence,
may in his discretion order such omission or misstatement to
be rectified by the insertion in the register of the true naine,
residence, or occupation, or by extending the time for such
registration on such terms and conditions (if any) as to security,
notice by advertisement or otherwise, or as to any other matter,
as he thinks fit to direct.
Entry of 22. Subject to and in accordance with any rules to be made
satisfaction .
[ 41 & 42 V. C. under and for the purposes of this ordinance, the Registrar may
31 , s . 15. ] order amemorandum satisfaction to be written upon any
of
registered copy of a bill of sale, upon the prescribed evidence
being given that the debt ( if any ) for which such bill of sale
was made or given has been satisfied or discharged.
Copies may
be taken . 23. Any person shall be entitled to have an office copy or
[41& 12 V.c. extract of any registered bill of sale, and affidavit of execution
31 , s. 16. ) filed therewith, or copy thereof, and of any affidavit filed there
with, if any, or registered affidavit of renewal, upon paying for
the same at the like rate as for office copies of judgments of the
Supreme Court, and any copy of a registered bill of sale, and
aftidavit purporting to be an office copy thereof, shall in all
Courts and before all arbitrators or other persons , be admitted
as primâ facie evidence thereof, and of the fact and date of
(45 &46V. c. registration as shown thereon. Any person shall be entitled at
31 , s. 16. ]
all reasonable times to search the register upon payınent of 25
cents subject to such regulations as may be prescribed and
shall be entitled at all reasonable times to inspect, examine and
every registered bill of sale without
make extracts from any and every
being required to make a written application or to specify any
BILLS OF SALE . 819
[ 12 OF 1886. ]
particulars in reference thereto upon payment of a fee of 25 cents
for each bill of sale inspected. Provided that the said extracts
shall be limited to the dates of execution, registration, renewal
of registration and satisfaction, to the names, addresses and
occupations of the parties to the amount of the consideration,
and to any further particulars prescribed by any roles made
under the provisions of this ordinance.
24. Every affidavit required by or for the purposes of this Affidavits.
11 & 12 V , c.
ordinance may be sworn before the Registrar or before any 31,5 1721
coinmissioner empoivered to administer oaths in the Supreme
Court.
Whoever wilfully makes or uses any false affidavit or declara
tion for the purposes of this ordinance shall be deemed guilty
of wilful and corrupt perjury.
25. The fees hereunder stated and such other fees as may lees.
(31 , 2vc.
be hereafter prescribed shall be paid to the Registrar who shail 1 s . 18 , see
Onl., 10s. 5.of)
account for the same in like manner as is now done with respect 1864 .
to other fees received by him , by virtue of his office, viz . :
On filing a bill of sale, ....... 50 cents .
On filing the affidavit of execution of a bill
of sale, ...... 50 cents .
On the affidavit used for the purpose of re
registering a bill of sale ( to include the
fee for filing ), ...... $ 1.25
For an official certificate of the result of a
search in one name in any register or
index under the custody of the Regis
trar of bills of sale , $ 1.25
For every additional name, if included in the
same certificate, .... 50 cents.
For a duplicate copy or certificate if not more
than three folios, .25 cents .
For every additional folio, 12 cents .
For a continuation search if made within 14
days of date of official certificate ( the
result to be endorsed on the certificate ) ,25 cents .
26. Rules for the purposes of this ordinance may be made Rules.
and altered from time to time by the like persons and in the {3111412
, s. ]V.C.
like manner in which rules may be made under and for the
purposes of the Supreme Court under section 24 of Ordinance
No. 12 of 1873 ,
320 [ 12 of 1886.] BILLS OF SALE .
Until altered, added to, or annulled the rules contained in
schedule D hereto shall be the rules under and for the purposes
of this ordinance .
Time for re
gistration
27. When the time for registering a bill of sale expires on a
(+1 & 12"'v.c. Sunday or other day on which the offices of the Supreme Court
& .
31 , s. 22. ] are closed , such registration shall be valid if made on the next
following day on which the office is open .
Debentures to
28. Nothing in this ordinance shall apply to any debentures
Ord., doesnot issued by any mortgage, loan or other incorporated company
apply . and secured upon the capital, stock or goods, chattels and effects
[ 45 & 46 V.c.
43, § 17. ] of such company .
SCHEDULES.
( A. )
Form of affidavit
under s. 11 . I, ( A , B.), of do swear that a bill of sale, bearing date the
day of 18 ( insert date of bill) and maile between (insert names
and descriptions of the parties in the original bill of sale) and which said
bill of sale (or and a copy of which said bill of sale, as the case may be) was
registered on the day of 18 (insert date of
registration ) is still a subsisting security .
Sworn & c .
( B. )
Forin of bill of
sale under s. 16.
This indenture made the day of between A. B. of
of the one part and C. D. of of the other part, witnesseth
that in consideration of the sum of $ now paid to A. B , by C. D.
the receipt of which sum the said A. B. hereby acknowledges (or whaterer
else the consideration may be ), he the said A. B. doth hereby assign unto
C. D. bis executors administrators and assigns, all and singular the several
chattels and things specifically described in the schedule hereto annexed by
way of security for the payment of the sum of $ and interest thereon
at the rate of per cent. per annum ( or whatever else may be the rate ).
And the said A. B. doth further agree and declare that he will duly pay to
the said C. D. the principal sum aforesaid together with the interest then
due by equal payments of $ on the day of (or whatever
else may be the stipulated times or time of payment). And the said A. B.
doth also agree with the said C. D. that he will (here insert terms as to
insurunce, payment of rent or otherwise which the parties may agree to for
the maintenance or defeasance of the stcurity). Provided always that the
chattels hereby assigned shall not be liable to seizure or to be taken possession
of by the said C. D. for any cause other than those specified in section 15 of
“ The Bills of Sale Ordinance 1886.”
In witness, &c .
Signed and sealed by the said A. B. in the presence of me E. F.
( add witness' name, address, and description ).
BILLS OF SALE . ( 12 of 1886.] 821
( C. ) Form of register
under s. 20 .
By whom given (or
against whom
process issued ).
( D. )
1. A memoranduin of satisfaction may be ordered to be written upon a Memorandum of
registered copy of a bill of sale on a consent to the satisfaction, signed by satisfaction
bills of sule.of
the person entitled to the benefit of the bill of sale, and verified by affidavit, order
11.8. C England
61 , r. 26.,
being produced to the Registrar, and filed in the Supreme Court.
2. Where this consent cannot be obtained , the Registrar may on applica- Order for
tion by summons, and on hearing the person entitled to the benefit of thebill satisfaction
meinorandumof of
of sale, or on affidavit of service of the summons on that person , and in either [bills ofsale,
case on proof to the satisfaction of the Registrar that the debt ( if any) for Ibid . r. 27.]
which the bill of sale was made has been satisfied or discharged order a
memorandum of satisfaction to be written upon a registered copy thereof.
3. If the attesting witness and deponent is a solicitor, and described as Rules where
is de solicitors
such , the entry of the satisfaction will be directed by the Registrar ( the attesting witness
rules,
papers being otherwise correct) as of course ; but under special circumstances (Practice 1884,
ibe Registrar may accept any other deponent if satisfied that he if a proper England,
r. 14.]
person to attest and verify the signature and consent.
8.) ? [ 13 OF 1886.] SALE OF LAND BY AUCTION .
No, 13 OF 1886 .
An Ordinance entitled An Ordinance to amend the Law
us to Sales of Land by Public Auction .
[ 7th May, 1886.]
Colony to the law of England relating to the sale of
*
land by public auction ;
Short title. 1. This ordinance may be cited for all purposes as The Sale
(30 & 31 1
c . 48 , § 1. ] of Land by Auction Ordinance, 1886.
Commence- 2. This ordinance shall commence and take effect on a day
ment of
orilinance. to be proclaimed by the Governor.
[ Ibid. $ 2.)
Interpreta- 3. Auctioneer shall mean any person selling by public auc
tional terms
[ Ibid . $ . tion any land, whether in lots or otherwise :
Land shall mean any interest in any messuages, lands,
or tenements of whatever tenure within the Colony.
Rule
respecting
4. The particulars or conditions of sale by auction of any
sales without land shall state whether such land will be sold without reserve ,
reserve . or subject to a reserved price, or whether a right to bid is
[ Ibid. $ + . ] reserved. If it is stated that such land will be sold without
reserve, or to that effect , then it shall not be lawful for the
seller to employ any person to bid at such sale, or for the auc
tioneer to take knowingly any bidding from any such person .
Rule respect 5. Where any sale by auction of land is declared ,, cither in
ing sale
subject to the particulars or conditions of such sale, to be subject to a
right of right for the seller to bid, it shall be lawful for the seller or any
seller to bic
as he may one person on his behalf to bid at such auction in such manner
think proper. as he may think proper.
[ Ibid . so.]
Practice of
opening
6. No opening of the biddings on any sale by auction of
biildings, by land under or by virtue of any order of the Supreme Court of
order of
Court
Hongkong shalí, from and after the commencement of this
except on ordinance, be allowed , and the highest bonâ fide bidder at such
ground of
frand to be
sale, provided lie shall have bid a sum equal to or higher than
discontinued. the reserved price ( if any ), shall be declared and allowed the
Tid. $ 6.] purchaser, unless the Court or Juuge shall, on the ground of
fraud or improper conduct in the management of the sale, upon
the application of any person interested in the land ( such
application to be made to the Court or Judge before the
Registrar's certificate of the result of the sale shall have become
binding ), either open the biddings, holding such lidder bound
by his bidding, or discharge him from being the purchaser, and
order the land to be re- sold upon such terms as to costs or
otherwise as the Court or Judge shall think fit.
SALE OF LAND BY AUCTIOX . [ 13 OF 1886.1 823
DOMINICAN MISSION INCORPORATION . 14 OF 1886 .
7. Except as aforesaid, nothing in this ordinance contained Supreme
shall affect any sale of land made under or by virtue of any in otherc .
order of the Supreme Court or of any other Court having excepte
respectsd from
jurisdiction within the Colony. operation of
ordinance.
[ In force from the 12th July, 1886. Proclamation of same date.] [ Ibid . § 7. ]
No. 14 OF 1886
An Ordinance entitled An Ordinance for the Incorporation
of the Procurator, in Hongkong, for the Dominican
Missions in the Far Eas'.
[ 7th May, 1886.]
*
1. The Very Reverend FERNANDO Saisz the Procurator in Procurator
Hongkong, for the Dominican Missions, (also known in the infor Hongkong,
the
Colony of Hongkong as the Spanish Missions in China and Dominican
Tonquin ) and holding the appointment of the Procurator, in the far East
einst
Hongkong, for the said Missions in the Far East and his to bea body
successors holding the said appointment and having placed in corporatc..
the hands of the Governor satisfactory proof of his appointment
for the time being shall be a body corporate (hereinafter called
the said corporation ) and shall for the purpose of this ordinance
have the name of “ The Procurator, in Hongkong, for the
Dominican Missions in the Far East ” and by that name shall
have perpetual succession and shall and may sue and be sued
in all Courts of Justice and before all Magistrates in this Colony,
and shall and may have and use a common seal, and the said
seal may from time to time break, change, alter, and make anew
as to the said corporation may seem fit, and the said corporation
shall have full power to acquire, accept leases of, purchase, take,
hold, and enjoy any land , buildings, messuages, or tenements
of what nature or kind soever and wheresoever situate in the
Colony of Hongkong and also to invest moneys on mortgage of
any lands, buildings, messuages or tenements in the said Colony
cr upon the mortgages or debentures, stock, funds, shares, or
securities of any corporation or company carrying on business
or having an office in the said Colony, and also to purchase and
acquire all manner of goods and chatteis whatsoever, and the
said corporation is bereby further empowered from time to time
by deed or deeds under its seal to grant, sell , convey, assign,
surrender and yield up , mortgage, demise, re-assign, transfer
or otherwise dispose of any lands, buildings, messuages, and
tenements, mortgages, debentures , stock , funds and securities,
8241 [ 14 of 1886. ] DOMINICAN MISSION INCORPORATION .
goods and chattels by this ordinance vested, or that may here
after be vested in the said corporation upon such terms as to
the said corporation may seem fit provided that due notice of
such appointment as Procurator in Hongkong and of the proof
thereof having been placed in the hands of the Governor sball
be given in the Government Gazette and such notice shall be
sufficient evidence of the said appointment and of proof thereof
having been made.
Lands, &c. , 2. The lands, buildings, messuages and tenements situate
now vested in
the Reverent lying and being within the Colony of Hongkong and all mort
Father Sainz gages,, debentures, stocks, funds and securities , goods and chattels
and the late
Reverend in the said Colony at the time of the passing of this ordinance
BIVAS, Right vested or purporting to be vested in the said Very Reverend
PAYO, Revd.
REIXACH ,
FERNANDO Sainz in his own right or as trustee for or Procurator
Reverend in Hongkong of the said Dominican Missions, or in the name
ECHEVAR of the late Reverend Francisco Rivas, Reverend Pedro Payo,
RIA,Reverend
HERCE, and Reverend Ramon REIXACH, Reverend GREGORIO ECHEVARRIA,
Reverend Reverend FRANCISCO HERCE, and Reverend GUILLERMO Bursó
BURNó to be
vested in respectively as trustees for the said missions, and all monies,
the corpora
tion .
securities for money , goods, chattels, and effects whatsoever, the
property of the said missions or purporting so to be are hereby
transferred to and vested in the said corporation , but subject as
regards the said lands, buildings, messuages and tenements to
the payment of reuts and the observance and performance of all
the covenants, conditions and reservations contained in the
crown leases or under leases or mortgages under which the said
lands, buildings or tenements are now or may hereafter be
respectively held.
How the seal 3. All deeds and other instruments requiring the seal of the
is to be used. said corporation shall be sealed with the sealof the said corpora
tion in the presence of the Very Reverend FERNANDO Saisz or
his attorney duly authorised or in the presence of any his
successor holding the appointment of Procurator, in Hongkong,
for the Dominican Missions in the Far East, or his attorney
duly authorised and shall also be signed by the said Very
Reverend FERNANDO Sainz or his said attorney or by his said
successor or his said attorney .
1
Rights of the 4. Nothing herein contained shall affect or be deemed to
Crown re
served . affect the rights of Her Majesty the Queen, her heirs or succes
sors, or of any bodies politic, or corporate, or other persons,
except such as are mentioned in this ordinance, and those
claiming by, from , or under them .
PEACE PRESERVATION . [ 15 OF 1886. ] 825
No. 15 OF 1886 .
An Ordinance entitled The Peace Preservation Ordinance,
1886.
[ 2nd June, 1886.]
*
PART I.
Appointment of special constables.
1. Whenever it appears to the Governor that any tumult or Power to ap
riot has taken place, or may be reasonably apprehended, and point special
that the ordinary officers appointed for preserving the peace are
not sufficient for the preservation of the peace, it shall be lawful
for the Governor to authorize any Magistrate to summon , by
writing in the form in schedule ( A ) , before him , any number
of persons resident, or being then within the Colony, then and
there to be appointed and to act as special constables within
the said Colony, so long as the said authority shall remain in
force .
Provided that, it shall be lawful for the said Magistrate, if it
appears to him upon the oath of any person that there is good
and sufficient cause to believe that any person intended to be
appointed a special constable is concealing himself in order to
avoid service of the summons, or that he is likely to disobey
the same, to issue a warrant, in the form of schedule ( B ) in
the first instance for the purpose of bringing before him persons
so to be appointed .
2. Every special constable shall have the same powers for Power of
special
the preservation of the peace , the prevention of offences, the constables.
apprehension of offenders, and for all other purposes, and the
same privileges , protection , and immunities, as the members of
the Police Force enrolled under the Police ordinance , except
as to pay and pension, or other reward , and shall be subject to
the orders of the Governor, the Magistrates, the Captain Super
intendent of Police, and any one or more Justices of the Peace
for the Colony, who shall be authorized by the Governor to act
in that behalf .
3. Any person required to serve as a special constable under Penalty for
this ordinance, who shall refuse , or otherwise omit without appear.
refusing to
reasonable excuse, to appear as special constable, shall be liable
on summary conviction thereof by a Magistrate to imprison
ment with or without hard labour for any term not exceerling
two months, or to pay a penalty not exceeding one hundred
dollars, or to both.
826 ( 15 of 1886. ] PEACE PRESERVATION .
Penalty for
refusing to
4. Any person so appointed a special constable, and called
act. upon to serve, who, without reasonable excuse, shall neglect
or refuse to serve and to obey such lawful orders and directions
as may be given to bim for the performance of the duties of his
[ No. 18 of
1890. ]
office, as provided in the second section of this ordinance , shall,
on summary conviction before аa Magistrate, be liable to impri
sonment, with or without hard labour for any term not exceed
ing two months, or to pay a penalty not exceeding one hundred
Proviso.
dollars, or to both : provided always, that no person shall be
subject to any penalty under this section who shall be unable
to perform the duties of a special constable, by reason of old
age, sickness, or other infirmity, proved to the satisfaction of
the said Magistrate.
PART II.
Proclamations of the Peace .
Proclamation 5. Whenever it shall appear to be necessary for the preserv
may be issued , ation of the public peace of the Colony, it shall be lawful for
the Governor in Council to declare by proclamation to be pub
lished in the Gazette that the said Colony shall be subject to
the following provisions of this ordinance, and every such
proclamation shall remain in force until cancelled by Govern
ment Notification published in the Gazette .
Assistance
from by
6. Whenever and wherever the peace is being broken during
standers . the existence of any proclamation under this ordinance, it shall
be lawful for the Governor, or Colonial Secretary or any Jus
tice of the Peace, to call upon all by-standers and persons in
the vicinity to give their aid in preserving the peace and in
apprehending persons breaking the peace, and every person
without lawful excuse refusing or omitting to give such aid,
shall be liable on conviction thereof to imprisonment with or
without hard labour for a term not exceeding three months,
or to pay a penalty not exceeding fifty dollars.
Riotous
assembly.
7. Whenever any persons shall be found during theexistence
of a proclamation under this ordinance, unlawfully, riotously,
or tumultuously assembled to the disturbance of the peace and
to the terror of Her Majesty's subjects, any Justice of the Peace
Warning. may, in an audible voice, warn such persons that they are acting
in contravention to law, and require them to disperse and depart
to their habitations, or to their lawful business ; and all persons
remaining so assembled , after such warning, may be dispersed
and taken into custody by any officer or constable of Police, or
special constable, or by any other person acting under the orders
Penalty. of a Justice of the Peace, and shall be liable on summary con
viction before a Vagistrate to imprisonment with or without
PEACE PRESERVATION. [ 15 of 1886. ] 827
hard labour for a term not exceeding three months, or to pay a
penalty not exceeding fifty dollars, and if any person or persons
so warned to disperse, shall be hurt, maimed, or killed in the
dispersing, seizing, or apprehending, or endeavouring to disperse,
seize, or apprehend, thepersons hurting, maiming,or killing him
or them shall be free, discharged, and indemnified from the
consequences, except on evidence of gross carelessness, wanton
ness, or malice.
8. During the continuance of any proclamation under this Carrying
ordinance, it shall not be lawful for any person, unless in the arms.
employment of Government, or unless authorized thereto by
the Governor, to carry on his person, or have in his possession,
any arms or instruments capable of being used as offensive arms,
unless they be the tools of his trade, or unless he can show that
they are intended to be used for some lawful purpose, of which
the burden of proof shall lie on him , nor any ammunition for
such arms or instruments.
It shall be lawful for any Justice of the Peace acting under Justices of
they Peace
the powers prescribed by the second section of this ordinance, ma search
to enter with or without a written warrant and with or without bouses for
arms .
assistance, and to authorize any officer or constable of Police, [ No. 18 of
or special constable to enter with or withoui a written warrant, 1890.]
and with or without assistance, and using in either case force if
necessary, into any dwelling house or other building , and into
any place in which he maysuspect that any such arms or in
struments or ammunition may be, contrary to the provisions of
this ordinance, and such arms and instruments or ammunition
inay be seized and confiscated .
Every person found carrying or having in his possession any Penalty.
arms or instruments or ammunition as aforesaid, except such as
in respect to their nature and quantity, and having regard to
his profession, occupation , and station in life, may reasonably
be expected in the opinion of the Magistrate to be in his pos
session, contrary to the provisions of this ordinance, shall be
liable on summary conviction before a Magistrate to a fine not
exceeding two hundred dollars, or to imprisonment with or
without bard labour, for a period not exceeding six months, or
to both .
9. All persons remaining unlawfully, riotously , or tumult- Offences
uously assembled after having been warned by a Justice of the against, sec
Peace under section 7 , and all persons found carrying arms and 8.
contrary to the provisions of section 8 in either case during the
existence of any proclamation under section 5 , shall be liable
to whipping, in place of or in addition to any other penalty Whipping.
prescribed by this ordinance.
S28 [ 15 OF 1886. ] PEACE PRESERVATION .
What whip
Such whipping shall be inflicted with a rattan not exceeding
pinicmay be half-an-inch in diameter, and shall not exceed thirty strokes.
inflicted.
Powerto enter
houses and to
10. During the continuance of any proclamation under this
arrest, ordinance, any Justice of the Peace, may enter with or without
assistance, or may order any officer or constable of police, or
special constable, or other person to enter without a warrant
and with or without assistance, using force in either case if
necessary , into any dwelling house or other building, or into
any place in which he may have reasonable cause to suspect
that persons lately riotously assembled or engaged on any in
lawful purpose, have made their escape, or in which he may
have reasonable cause to suspect that persons abont to break
the peace are assembled, and may apprehend and take into 1
custody the said persons, and every person so arrested may be
detained until he can be conveniently brought before a Magis
trate to be dealt with according to law .
Combination
11. Any person during the continuance of any proclamation
to stop trade. under this ordinance , unlawfully combining to procure a stop
page of the sale or transit from place to place of provisions or
other articles, or unlawfully combining to procureshopkeepers,
dealers , or other persons to discontinue the sale or transit from
place to place of provisions or other articles, or preventing or
endeavouring to prevent any person from purchasing or from
being supplied with any such articles, shall, on summary
conviction thereof before a Magistrate be liable to imprisonment
with or without hard labour for any term not exceeding three
months, or to a fine not exceeding fifty dollars, or to both.
PART III.
Banishment.
Inforniation .
12. Whenever during the existence of any proclamation
under this ordinance, it shall be represented by the Captain
Superintendent of Police to the Governor in Council , on written
information, that the removal from the Colony of any person
not a natural born subject of Her Majesty, wbether such person
shall have been naturalized under the provisions of any Colonial
ordinance or not , is necessary for the public safety, it shall be
lawful for the Governor in Council, if it shall appear to him
after making such enquiry as to him may seem sufficient, to be
necessary for the public safety that such person should be
Banishment. banished from the Colony , to issue an order banishing such
person from the Colony, in such manner as to the Governor in
Council may seem expedient; and the Governormay take such
steps as may be necessary for carrying into effect the said order
of banishment in the manner prescribed ; and any person so
PEACE PRESERVATION. [ 15 of 1886 . S :29
ordered to be banished may be detained by order of theGovernor, Punishment.
in any place, or on board any ship in the waters of the Colony,
pending the carrying into effect of the order of banishment, and
if he shall be found in the Colony after the time fixed for his
departure in the order of banishinent, which shall in no case
be less than seven days from the date of the order, he may be
arrested without warrant by any Justice of the Peace or officer
or constable of Police and shall, on being brought before a
Magistrate be liable to a fine not exceeding five hundred dollars,
and shall be liable to be detained in such prison or place on
shore, or on board such ship, in the Colony, as the Governor
may appoint, until his banishment from the Colony can again Banishment.
be carried out in the manner hereinbefore provided ; and if it
shall appear that any person so ordered to be banished is a
naturalized British subject as aforesaid , the order of banisbment
shall further declare the status of naturalization of snch person naturaliza
Status of
to be suspended ; such suspension being subject to confirmation tion .
or disallowance by Her Majesty, through one of Her Majesty's
Principal Secretaries of State, and such confirmation or dis
allowance of such order shall be published in the Government
Gazette of the Colony.
Every order of banislument madle under this ordinance shall Report to
Secretary of
be forth with reported by the Governor to Her Majesty's Principal States
Secretary of State for the Colonies.
The provisions of this section shall not be construel to limit
any powers in relation to banishment conferred on the Governor
in Council under Ordinance 8 of 1882 .
13. No person acting in good faith under the provisions of Indemnity.
this ordinance shall be liable in damages or otherwise for any
act done by himn in pursuance ofthe obligation and duty imposeit
or reasonably supposed to be imposed on him by this ordinance.
Schedule ( A. )
SUMMONS.
To
WHEREAS His Excelleney the Governor has althorized the appointment
of special constables in this Colony, and whereas you are appointed to be a
special constable in this Colony.
These are therefore to require you to attend at the Police Court in this
Colony ( instanter, or at o'clock on instant), there * ( * tobe]
enrolled as a special constable, wier Ordinance No. of 18 and
herein fail not.
Given at this day of 188
Magistrate.
830 [ 15 OF 1886 . PEACE PRESERVATION .
( 16 of 1886. ) STAMPS .
Schedule ( B )
WARRANT .
To
Captain Superintendent of Police, and all Police officers.
WHEREAS His Excellency the Governor has authorized the appointment
of special constables in this Colony, and whereas A B has been appointed to
be a special constable in this Colony.
These are therefore to require you to bring before a Police Magistrate, in
this Colony, the said A B ( instanter) there to be enrolled as a special
constable, under Ordinance No. of 18
Given this day of 188
Magistrate.
1
Note . - Parts II & III were brought into force by proclamation under
section 5 of the 26th April, 1888, see Gazette of same date: 1
which proclamation was cancelled in Government notification of 1
2nd June, 1888. See Gazette of the same date.
* The notification erroneously refers to the proclamation published
in Gazette of the 26th ultimo, i. e. Jay.
No. 16 OF 1886.
An Ordinance entitled The Stamp Ordinance 1886 .
[ 21st May, 1886.]
* *
Definitions, 1. In the construction of this ordinance the term Collector
shall include the person for the time being appointed by the
Governor to have the control and management of the Stamp
Office.
1
Document. Document shall mean any deed , instrument, or writing what
ever . .
1
Material. Material shall mean paper or parchment .
Erecution .
Executed and execution, with reference to documents not under
seal shall mean signed and signature respectively.
Officers
continued .
2. The present Collector and all other officers of the Stamp
Office. Office are hereby continued in their offices . There shall be one
Subsidiary
offices.
general Stamp Office for the Colony, and such subsidiary stamp
offices as the Governor may from time to time in his discretion
appoint.
Staff, 3. The Governor may from time to time appoint and remove
a chief officer who shall have the control and management of
the Stamp Office, and such other officers as may from time to
time be required to carry on the business of the Stamp Office.
STAMPS . ( 16 of 1886.] 831
4. For every document executed after the coming into force Daty payable
of this ordinance of any of the kinds specified by the schedule under sche
as requiring stamps, there shall be payable to government a
stamp duty of the amount indicated in the said schedule to be
proper for such document.
Every provision contained in the said schedule shall be of
the same force as if it were contained in the body of this ordi
nance .
5. The Governor in Council may from time to time make Governor in
and when made, revoke, add to or alterrules, fixing lower rates Cover ormay
of duty than those specified in the schedule , or exempting froin abolish duties.
duty any of the documents mentioned , in the schedule, and rules.
May make
prescribing the form , size , and material of the stamps to be used,
and the mode and place of impressing, affixing, or denoting
thereupon the value of the same under the provisions of this
ordinance, and the manner of writing upon or filling up such
stamps, and authorising or prohibiting the use of adhesive
stamps for any documents required to bear stamps, and generally
for the execution of this ordinance.
Penalties.
6. Every person who commits any of the following offences Penalties for
shall, on summary conviction thereof before a Magistrate, be 100-stamp
ing, &c .
liable to a penalty not exceeding one hundred dollars, that is
to say :
1. Drawing; accepting, issuing, endorsing, negociating,
paying, or receiving payment of any bill of exchange,
promissory note, or other similar instrument, or mak
ing, executing, or signing (except as hereinafter
provided ) any document enumerated in the schedule
on unstamped or insufficiently stamped material.
2. Delivery out of his hands, custody, or power of any
document upon which an adhesive stamp has been
affixed under this ordinance without cancelling the
said stamp so that it cannot be used again.
3. Any breach of this ordinance not specially provided for.
7. Every person who commits any of the following offences Penalties for
shall , on summary conviction thereof before a Magistrate, be frauls.
liable to a penalty not exceeding five hundred dollars, that is to
say :
1. Drawing any bill of exchange purporting to be drawn
in a set of two or more without drawing on duly
stamped material the whole number ofbills constituting
such set .
832 [ 16 of 1886. ) STAMPS .
2. Knowingly and wilfully executing any documentcharged
under the schedule with ad valorem duty, in which the
consideration money or amount involved is not truly
expressed and set forth , with intent to avoid full
payment of stamp duty, or knowingly and wilfully
inserting or setting forth or procuring to be inserted
or set forth in such document a less annount than the
full and true consideration money or amount involved .
Execution out of the Colony.
Execution out 8. All documents whatever executed out of the Colony shall,
of Colony.
when brought into force or registered within the Colony, be
liable to the same rates of stamp duty as if they had been
executed within the Colony.
Reception in evidence.
Unstamped 9. Except as otherwise provided by this ordinance, no
documents
not received document liable to stamp duty under this ordinance shall be
in evidence.
received as creating, transferring, or extinguishing any right or
obligation , or as evidence in any civil proceeding in any Court
of Justice in the Colony , or shall be acted upon, registered, or
authenticated in any such Court or public or otlier office or by
any public officer unless such document be stamped according
to this ordinance or in accordance with the law in force in the
Colony at the time it was executed .
Stamping after execution .
Powers of
Court . 10. Any Civil Court may direct the Collector to stamp and
receive the duty and penalty, if any, upon any document which
may be stamped after execution under this ordinance. Such
duty and penalty shall be paid into Court, and shall be remitted 1
to the Collector with the document to be stamped after the
document has been admitted in evidence.
Powers of
Collector.
The Collector of stamp duty may stamp documents after
execution in cases where he shall be satisfied that the omission
or neglect to stamp or to stamp sufficiently did not arise from
any intention to evade payment to stamp duty or otherwise to
defraud, subject to the following rules:
1. Transfers of shares shall not be stamped until the
numbers of the shares and the consideration money
are entered , when they may be stamped before execu
[ * query 36. ) tion subject to the provisions of article 35 * of the
schedule .
2. Documents executed out of the Colony shall be stamped
when they are received in the Colony, if they have not
been previously stamped according to this ordinance.
3. Bills of exchange and promissory notes executed in the
Colony shall not be stamped after exccution .
STAMPS . [ 16 OF 1886. ] 833
4. In all other cases of stamping after execution there shall
be charged as a penalty , if within one month of
execution double, if within two months ten times , if
after two months twenty times the deficient duty.
5. If the Collector be satisfied that the omission or neglect
to stamp arose solely from urgent necessity or unavoid
able accident, he shall reinit the penalty prescribed by
this section . He may require sworn or other evidence
as to the circumstances at his discretion .
Adjudication .
11. Whenever any person is in doubt respecting the proper Adjudication .
amount of stamp duty payable upon any document, he may
apply to the Collector for an adjudication on such document, at
the same time depositing a fee of one dollar, whereon the
Collector shall determine the amount of duty to which such
document is liable, and on payment thereof shall impress the
document with stamps to that amount, also with an additional
stamp denoting that the adjudication fee has been paid.
If the Collector is of opinion that the document is not
chargeable with any duty he may stamp such document with a
particular stamp denoting that it is not chargeable with any
duty, or may make an entry to that effect on such document,
in addition to which he shall impress it with the adjudication
fee stamp .
Any document bearing the said adjudication fee stamp shall
be received in evidence in any Court or registered by any public
officer as properly stamped, and sball be regarded as properly
stamped for any purpose whatever.
Spoiled Stamps.
12. Whenever material bearing an impressed stamp has Spoiled
become damaged, spoiled , or unfit for use, the Collector, on its stampsmay
be allowed.
delivery to him , may supply the owner of such spoiled material
with stamps of equal value to those originally impressed, subject
to the following rules :
1. In the case of unexecuted documents spoiled by error
in the writing, defaced by accident, or rendered useless
by unforeseen circumstances before completion , such
allowance may be made within six months of spoiling.
2. In the case of executed documents found unfitted for
the purpose originally intended by errors therein, or
the execution of which cannot be completely carried
out by reason of the death or refusal to sign of any
person or other unforeseen circumstance, or in the
case of bills of exchange or promissory notes no part
of which has been delivered to the payee ,, such allow
ance may be made within six months of signature.
834 ( 16 OF 1886. ] STAMPS .
Miscellaneous.
Denoting 13. When the duty with which an instrument is chargeable
stamp.
( 33 and 34
Vict, c . 97
depends in any manner upon the duty paid upon another
sect, 14. ) instrument,the payment of such last- inentioned duty shall, if
application be made to the Collector for that purpose, and on
production of both the instruments, be denoted in such manner
as the Collector thinks fit upon such first-mentioned instrument.
Cost of
stamps. 14. The expense of the stamp for any bill of exchange or
promissory note shall be borne by the person drawing or making
or negociating the same . The expense of any receipt stamp
shall be borne by the person receiving payment.
Collector's
acts revised
15. All decisions, orders, or acts of the Collector may be
by Governor. reversed or modified by the Governor. And whenever any
person shall suppose any decision of the Collector with reference
suppose any
to any document tendered by such person to be stamped , to be
erroneous, it shall be lawful for such person to make application
to the Supreme Court in its Summary Jurisdiction , and such
Court , having beard such person and the Collector or his deputy,
Appeal from may order the payment of the duty in dispute, or may make
Collector.
such other order as may be necessary under the circumstances.
Refund of
16. The Governor may order a refund by Treasury warrant
probate duty. of the whole or any portion of any probate duty which may
have been paid to the Collector, for the refund of which any
equitable claim shall be proved to his satisfaction, on the ground
of payment of probate duty on the same estate elsewhere,assign
ment or diminution of value of the estate, discharge of debts,
or other reasonable cause .
1
Government
not responsi. 17. The Government shall not be responsible for the loss of
ble for loss of or for damage to any document tendered for stamping, whilst
at damage to in the custody of the Collector, nor shall any officer of the
document
Stamp Office be responsible for such loss or damage, unless he
shall have caused it wilfully, fraudulently, or by gross negligence.
Offences.
Forging 18. Every person who forges, alters, or imitates, or assists
stamps, &c.
in forging, altering or imitating any stamp used for the purposes
of this ordinance shall be guilty offelony. Any stamp impressed
in the Stamp Office by any person without the authority of the
Collector, and not accounted for to him shall be held to be
forged within the meanings of this notice.
Uttering, and 19. Every person who uses, utters, disposes of, puts off, or
possession.
without lawful excuse is in possession of any forged, altered ,
or imitated stamp as aforesaid, knowing the same to be forged ,
altered, or imitated, shall be guilty of felony, and such stamp
or stamps shall be forfeited to the Crown.
Removing
marks, and
20. Every person who fraudulently removes an adhesive
possession , stamp from any document, or wilfully removes or attempts to
STAMPS .
[ 16 of 1886. ] 835
remove from any adlıesive stamp any mark that has been made
thereon by way ofcancellation, or knowingly uses, puts off, or
is in possession of any adliesive stamp from which any such
mark has been wholly or partially removed, shall be guilty of a
iisdemeanor.
21. Every person who is convicted of any felony under this Penalties.
ordinance shall be liable, at the discretion of the Court, to be
kept in penal servitude* for any terın not exceeding seven years 1887.
4* ]9.10 of
and not less than three years, or to be imprisoned for any term
not exceeding two years with or without hard labour. And
every person who is convicted of any misdemeanor under this
ordinance shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years with or with
out hard labour.
Procedure.
22. It shall be lawful for all Courts and Magistrates, and Impounding
for the Collector, and for all persons employed for the sale and unstamped.
distribution of stamps, and they are hereby required to take
possession of any docuraent as to which any breach of the laws
relating to stamp duties may appear to have been committed,
and to deliver the same to the Collector to be used in prosecut
ing the offender.
23. No person shall be proceeded against under section 6 or Limit of
7 of this ordinance except within two years from the date of prosecutions,
the offence nor without the consent of the Attorney General .
* *
*
25. This ordinance shall come into force on a day to be fixed clause
Suspending
.
by proclamation by the Governor.
SCHEDULE
of the proper stamps for such documents as require to be stamped
under this ordinance.
NOTE . - A document containing or relating to several distinct matters is to
be separately and distinctly charged with duty in respect of each
of such matters. Any document liable to stamp duty under more
than one article of this schedule shall be charged under that
article which imposes the highest duty.
1. Adjudication as to the amount of 1 $1.
stamp duty to be levied on any document, I
2. Agreement, or any memorandum of
an agreement, under hand only, and not other
wise specially charged with any duty, whether 50 cents.
the same be only evidence of a contract or
obligatory on the parties from its being a
written instrument, ....
Note . - Agreements as to letting or tenancy are in all cases chargeable as
leases. See articles 22 and 24.
836 [ 16 of 1886. ] STAMPS .
Agreement or contract accompanied
with the deposit of title deeds to any im See Mortgage, 26.
movable property or for securing the payment
or re -payment of any money or stock,
Exemptions. - Label, slip, or memorandum containing the heads
of any insurance to be effected by means of a duly stamped policy
or risk note .
Memorandum , letter, or agreement made for or relating to the
sale of any goods, wares, or merchandise, or to the sale of any
shares in any public company, not being a broker's note or document
giren by a broker.
Seaman's advance note, or memorandum , or agreement made
between the master and mariners of any ship for wages.
Emigration Contract.
Passuge Ticket.
3. Arbitration Award, ... $1 .
4. Articles of Clerkship , or contract
whereby any person shall first become bound $ 50.
to serve as a clerk in order to his admission
as an attorney or solicitor,
Assignment, by way of security, or of See Mortgage, 26.
any security,
Upon a sale, See Conveyance, 14.
5. Attested Copy of any document
chargeable with stamp duty under this sche $1.
dule , ....
Average Statement, See Bond, 10.
6. Bank Cheque payable on demand to 2 cents .
any person, to bearer, or order,
Two -thirds per cent, per
annum on the average
value of such notes in
circulation . To be col
lected monthly on a
statement thereof to be
7. Bank Notes, or other obligations for furnished by each banker
the payment of money issued by any banker or banking company to
or banking company in the Colony for local the Collector of Stamp
circulation and payable to bearer on de Revenue at the end of
mand,
each month , and to be
signed by the banker,
or manager , or agent,
and accountant of such
banker or banking
company.
8. Bill of Exchange drawn out of but
payable on demand within the Colony, not 2 cents ,
being a cheque, and bearing the date on
which it was made,
STAMPS . [ 16 of 1886. ) 837
Bill of Exchange of any other kind whatsoever except a cheque or
bank note and Promissory Note of any kind whatsoever except a bank
note .
From 00 to $ 10, ......... Free .
10 1 50 ,.... .2 cents.
2
50 250 , .5
250 500 , .10
> 500 $ 1,000 , .20
1,000 $ 2,000 , .50
2,000 $ 3,000 , $ 1.00
$ 3,000 > $ 5,000 ,
....... $ 1.50
$ 5,000 , $ 10,000 ,. $ 2.00
$ 10,000 ,, $ 15,000, ........ $ 3.00
Every $ 5,000 additional or part thereof, ...... $0.50
Note 1.-A bill of exchange for exactly $50 is to be charged 2 cents,
and so throughout the table .
Note 2. - When bills of exchange or other such documents are drawn
in sets of two or more, half the above duties to be charged
on each part of a set . If the duty be 5 cents the first part
of the set shall be charged 3 cents, and the other parts 2
cents each . [ See Order in Council 7th April, 1887 infra.]
Note 3.- In the case of bills in sets drawn out of the Colony, the whole
duty shall be payable on that part of the set which is first
presented for payment or acceptance, or is first otherwise
negotiated , the other parts of the set being free.
9. Bill of Lading, or ship's receipt where
bills of lading are not used , for each part of 10 cents .
every set, |
Exemption.— Bill of Lading for goods shipped by any
Government Officer on account of Government.
10. Bond , or other obligation concerning
Respondentia and Bottomry, and 10 cents for every $ 100 or
average statement, or bond where no statement part thereof.
is drawn up .........
Bond for securing the payment or repay
ment of money not otherwise provided for, or
for the transfer or re - transfer of stock , or See Mortgage, 26 .
accompanying the deposit of title deeds to any
immovable property ,
See also Articles 4, 20, 21 ,
Bond, .... 33 .
11. Broker's Note, or any document
having reference to the sale or purchase of 50 cents .
any merchandise, given by any broker,.........
12. Charter Party, or any agreement
or contract for the charter or hiring of any sea 10 cents for every $ 100 or
going ship or vessel, to be charged on the part thereof,
estimated freight,
838 [ 16 OF 1886. ) STAMPS .
13. Copy Charter.
Vessel under 200 tons, each copy.......... $1.
over 200 99 $2.
Collateral Security , See Mortgage, 26.
Contract, See Agreement, 2 .
14. Conveyance or assignment on sale,
to be levied on the amount or value of the
consideration money , such consideration money
to include any sum payable by the purchaser 30 cents for every $ 100 or
in respect of any mortgage or other debt part thereof.
remaining upon the property purchased , or
released by such purchaser to the vendor.
( See also Article 17 ),........
Exemption.- Transfer by mere endorsement of a duly stamped
bill of exchange, promissory note or other negotiable instrument,
or of a bill of lading. Bill of sale for Chinese Junk.
15. Copartnership, Deed or other instru $2 .
ment of,
16. Declaration of Trust, $ 10.
( See order in
Council sth 17. Deed or other instrument of Gift,
October , 1886.] assignment, or exchange, where no money con $ 25.
sideration, or a merely nominal money con
sideration passes ,
Deposit of Title Deeds, See Mortgage, 26 .
18. Duplicate or counterpart of any do 1
cument chargeable with duty under this sche
dule, to be aflixed on the production of the
original document bearing its proper stamp,
and not otherwise. If the original duty is
Under $ 1 , Same duty.
From $ 1 to $ 10 , $1.
$ 10 $ 20 , $2.
Over $ 20 , $ 3.
Note. — The duplicate or counterpart of any instrument chargeable with
duty is not to be deemed duly stamped unless it appears by
some entry made by the Collector or by some stamp impressed
thereon that the full and proper duty has been paid upon the
original instrument of which it is a duplicate or counterpart or
unless it is stamped as an original instrument.
p * See Ordinance * 19. Emigration Fees , under the Emi
Schedule (I) ,11.) gration Consolidation Ordinance, 1874 ,
Application for a certificate,
a $1.
Certificate,
STAMPS .
( 16 of 1886. ) 839
Equitable charge, See Mortgage, 26.
20. Foreign Attachment Bond, in $ 1 for every $ 100 or part
the Supreme Court, either Jurisdiction , ...... thereof.
Guarantee , See Agreement, 2 .
21. Every Instrument in writing under
seal, not otherwise specially charged with $ 10 .
duty under this schedule,
Note.— The impressions of Chinese names,
shop names, or trading names , commonly called
chops shall not be taken to be seals within
the meaning of this article.
22. Lease or agreement for a lease, made
for a term of years, or for a period determin
able with one or more life or lives or otherwise 30 cents for every $ 100 or
contingent, in consideration of a sum of money part thereof.
paid in the way of premium , fine, or the like,
if without rent,
23. Lease executed in pursuance of a July $1.
stamped agreement for the same,
24. Lease or agreement for a lease of
any land, house, building or tenement, at
a rent, without payment of any sum of money
by way of fine or premium , to be levied on the
Annual Rent, for a term not exceeding
One vear, 10 cents .
Three years , 25 For every $ 100
Thirty years, 50 or part thereof.
Exceeding thirty years , 75
Note.- When both rent is paid and there is a fine or premium , the duty is to
be the total of that due under both articles 22 & 24 .
Exemption .-- All rentals under $ 50 per annum .
25. Letter or other instrument of Hypo Referring to particular pro
thecation accompanying deposit of docu perty , $ 1 .
ments of title to any moveable property, or bond, Duplicate, 10 cents .
or other instrument of guarantee in respect of General, $ 2 .
such property or documents of title,
Sce Agreement, 2 .
Letter of Guarantee ,
26. Mortgage , or agreement for a mort
gage, boud, debenture, covenant, warrant of
attorney to confess and enter up judgment,
and foreign security of any kind not specially
charged with duty under this schedule, to be
levied on the amount or value of the principal
sum secured .
840
[ 16 OF 1886. ) STAMPS .
(i.) Being the only, or principal, or primary 10 cents for every $ 100 or
security, and also where any further money is part thereof.
added to the money already secured , .....
(ii.) Being a collateral or auxiliary or addi
tional or substituted security, other than a
mortgage executed pursuant to a duly stamped
agreement for the same, or by way of further
assurance for the above-mentioned purpose
where the principal or primary security is duly
stamped, and for every extension of the time
of an original mortgage endorsed on such 5 cents for every $ 100 or
mortgage, part thereof.
(iii .) Transfer, assignment, disposition or
assignation of any mortgage, bond , debenture,
covenant, or foreign socurity , or of any money
or stock secured by any such instrument, or
by any warrant of attorney to enter up judg
ment, or by any judgment; to be levied on
the amount transferred,
(iv.) Re-assignment, release, discharge, sur
render, resurrender, warrant to vacate , or re 1 cent for every $ 100 or
nunciation of any such security as aforesaid , part thereof .
or of the benefit thereof, or of the money
thereby secured ,
( v.) Mortgage executed in pursuance of a $1.
duly stamped agreement for the same,
27. Any Notarial Act whatsoever not $1.
otherwise charged with duty in this schedule,
28. Note of Protest by any commander
or master of a vessel , or with regard to any 25 cents .
promissory note or bill of exchange, ....
29. Policy or risk note of marine, fire,
life or other insurance, for each copy, and 10 cents ,
every renewal,........
30. Power of Attorney, $2.
31. Probate , or letters of administra- )
tion , with or without the will annexed , to be
calculated upon the value of the estate and
effects for or in respect of which such pro $ 1 for erery $ 100 or part
bate or letters of administration shall be thereof.
granted , exclusive of what the deceased shall
have been possessed of or entitled to as a
trustee for any other person or persons and
not beneficially,
Exemption. - Administration Bonds and Estate under $ 250.
STAMPS . [ 16 of 1886. ] 841
Reassignment. Sce Mortgage, 26.
1
32. Receipt or discharge given for the pay
ment of money, or in acquittal of a debt paid 2 cents . ( Regul. 141h
in money or otherwise, when the sum received , March 1891 ,
(Gaz, 21st.) )
discharged or acquitted exceeds $ 10 .....
Exemptions. - Letter acknowledging the arrival of a currency
or promissory note, bill of exchange, or any security for money,
receipt or debit note for the premium on a duly stamped policy
of insurance. Receipts for pay and allowance of personsin the (No. 14 of 1880.)
service of Imperial or Colonial Government whether Civil Naval
or Military.
33. Servant's Security Bond . - Any
instrument in writing under seal by which any
domestic or other servant or clerk or compradore
shall give security for the due discharge of his
duties, or of the duties of other persons to be
employed by him, or for the safe custody of
money or property to be entrusted to him , or The same duty as a mort
for the proper carrying on of business to be gage see Article 26, i . &
conducted by him , or for the discharge of his ii .
responsibilities arising from such business,
whether such security shall be given by the
binding of other persons, or by the deposit of
money or valuable property or by deposit of
the title deeds to any property or by any assign
ment,
34. Settlement. - Any instrument, whe
ther voluntary or upon any good or valuable
consideration , other than a bona fide pecuniary 30 cents for every $ 100
consideration , whereby any definite and certain or part thereof of the
principal sum of money (whether charged or amount or value of the
chargeable on lands or not, or to be laid out property settled oragreed
in the purchase of lands or not ) or any definite to be settled .
and certain amount of stock, or any security,
is settled or agreed to be settled in any manner
whatsoever,
Exemption.- Instrument of appointment relating to any pro
perty in favour ofpersons especially named or described as the
objects of a power of appointment created by a previous settlement
stamped with ad valorem duty in resprct of the same property,
or by will, where probate duty has been paid in respect of the
same property as personal estate of the testator.
35. Settlement executed in pursuance of $1 .
a duly stamped agreement for the same,
36. Transfer of Shares, or stock in
any public company to be computed on the
market value of such shares on the day of 10 cents for every $ 100 or
stamping, which, if doubt arises, the Collector part thereof.
shall decide subject to section 15 of this ordi
nance.
842 [ 16 OF 1886 . STAMP’S .
( ii . ) Transfer for a nominal amount, to be $1 .
approved by the Collector , ..
Exemption . - Scrip certificate.
GENERAL EXEMPTIONS.
Any document made or executed by or on behalf of Her Majesty or
of any department of Her Majesty's service, or whereby any property or
interest is transferred to, or any contract of any kind whatsoever is made with
Her Majesty or any person for or on behalf of Her Majesty or any such
department as aforesaid .
But this exemption does not extend to any document executed by the
Registrar of the Supreme Court as Official Administrator or by a receiver
appointed by any Court, or to any document rendered necessary by any
ordinance or by the order of any Court ; neither does it cxtend to a sale
made for the recorery of an arrear of revenue or rent, or in satisfaction of
a decree or order of Court, in any of which cases the purchaser shall be
required
ch mo
to pay the amount of the requisite stamp in addition to the pur
ase ney
[ In force from 1st June, 1886 ; Proclamation 22nd May, 1886. ]
Orider made by the Governor in Council the 4th day of June,
gazetted the 5th June, 1886.
It is hereby ordered as follows :
1. The adhesive stamps to be used under the above -mentioned ordinance
shall be of the following values :
1 Cent. 25 cents.
2 Cents. 30
3 50
5 $ 1.00
10 $ 1.50
12 $ 10.00
2. The impressed stamps shall be of the following values :
1 cent. 20 cents . $ 1.25 . $ 4.50 . $ 10,50.
2 cents . 25 $ 1.50. $ 5.00 . $ 20.00.
3 30 $ 2.00. $ 6.00 . $ 25.00 ,
5 50 $ 2.50 . $ 6.50 , $ 40.00 .
10 755 $ 3.00 . $ 8.50 . $ 50.00 ,
15 $ 1.00 . $ 1.00 . $ 10.00 . $ 100.00
and a stamp bearing the words Adjudication fee paid .
3. The above stamps shall be of the form , size, and design of the specimen
stamps enclosed in a case for public inspection at the Stamp Office.
4. Adhesive stamps may be used for the following classes of documents ,
and for no others :
Bills of exchange drawn out of the Colony,
Cheques,
Renewals of policies of insurance,
Receipts,
but impressed stamps may be used for any of the above documents.
STAMPS . [ 16 OF 1886. ] 843
5. No bills of exchange in sets shall be stamped in which the words First
and Second, or First, Second, and Third are left blank, nor in which the
words Second of the same tenor and date being unpaid, or the like, are wholly
or partly left blank .
6. Every promissory note in the Chinese language shall bear an impressed
stamp of the value required by the schedule , which impressed stamp shall be
placed on the upper edge of a printed bordersimilar to the specimens enclosed
in a case for public inspection at the Stamp Office. All the writing of such
note must be within the said border, which is to be taken as part of the
impressed stamp required for such promissory note.
7. The size or shape of such border, and the devices or characters accom
panying it, may be varied from time to time at the discretion of the Collector.
Order made by the Governor in Council under section 5 of the 8th
October, gazetted the 9th October, 1886.
His Excellency the Officer Administering the Government is pleased to
order that the duty charged under article 17 of the schedule to Ordinance 16
of 1886, on a deed of assigument where no money consideration or a merely
nominal money consideration passes shall be $ 10 in cases where such deed of
assignment is merely confirmatory of an assignment of which the full convey .
ance duty has been paid.
The Collector of Stamp Revenue shall, unless the two deeds referred to in
the foregoing paragraph are comprised in one and the same document, denote
by an entry under his hand made upon the deed stamped with the $ 10 duty,
that the full conveyance duty (if more than $ 10 ) has been paid upon the
other.
Order made by the Governor in Council under section 5 of the 7th April,
gazetted the 9th April, 1887.
The Governor in Council is pleased to order that the duty charged under
article 8 of the schedule to Ordinance 16 of 1886 on a bill of exchange drawn
out of and payable on demand out of the Colony, when such bill of exchange
is negotiated within the Colony, shall be two cents.
Rules made by the Governor in Council under section 5 of the
14th March , gazetted the 21st March, 1891.
1. Postage stamps of the value of two cents may be used in lieu of
revenue stamps of the same value.
2. On and after the 1st day of July, 1891 , the value of the stamp required
for receipts, & c., under item No. 32 of the schedule to Ordinance No. 16 of
1886, shall be two cents instead of three cents as at present.
844 [ 18 of 1886. ] BOARD OF SHIP LIQUOR SALE .
No. 18 or 1886.
An Ordinance entitled An Ordinance to prevent the sale
or conveyance on board Ship of any Spirituous or Fer
mented Liquor, and to prohibit the hovering near or about
Ships ofanypersons in boatsfor the purpose of selling or
taking on board Ship ofsuch liquor .
[30th November, 1886. ]
** *
Short title . 1. This ordinance may be cited for all purposes as The Board
of Ship Liquor Sale Ordinance, 1856.
Interpreta 2. In this ordinance unless the context indicates the contrary :
tion .
Ship shall mean any of Her Majesty's ships or vessels, and
any description of vessel used in navigation not propelled by
oars, but shall not include Chinese junks or lorchas not propelled
by steam .
Conveying 3. It shall not be lawful for any person to bring on board
liquors.
any ship any spirituous or fermented liquor of any description,
without the previous consent of the officer commanding or the
master of the ship on board of which the same may be brought;
and it shall be lawful for any officer in Her Majesty's Service,
any master of any ship or warrant or petty officer of the Navy or
non -commissioned officer of Marines with or without seamen or
persons under his command or orders to search any boat hovering
about or approaching or which may have hovered about or
approached any ship and if any spirituous or fermented liquor
be found on board such boat to seize such spirituous or fermented
liquor, and the same shall be forfeited to Her Majesty ; and if
any person shall bring any spirituous or fermented liquor on
board any ship without such previous consent aforesaid, or shall
approach or hover about any ship for the purpose of bringing
any spirituous or fermented liquor on board the same, without
.
such previous consent, or for the purpose of giving or selling,
without such previous consent, spirituous or fermented liquor
to men in Her Majesty's Service or on board of any ship , every
such person shall, upon a summary conviction thereof before àa
Magistrate forfeit and pay any sum not exceeding fifty dollars
for every such act or offence ; and it shall be lawful for any
officer in Her Majesty's Service or any master of any ship or
any such warrant or petty officer, or non - commissioned officer
as aforesaid , or for any constable, with or without any warrant
or other process , to apprehend or cause to be apprehended any
such offender or person so acting and to bring him or cause him
to be brought before a Magistrate for the purpose of having the
offender summarily convicted of the same.
8.15
REFORMATORY SCHOOLS . [ 19 of 1886. ]
No. 19 OF 1886 .
An Ordinance entitled The Reformatory Schools Ordi- ment Amend
[See Ord .
nance, 1886 . No. 10 of
1889. ]
[21st May, 1886.]
*
1. This ordinance may be cited as The Reformatory Schools Title.
Ordinance, 1886.
2. In this ordinance the word Manager shall include any
person or persons having the management or control of any
school to which this ordinance applies .
Certified Reformatory Schools.
3. The Governor may, upon the application of the managers Mode of
of any school for the better training of youthful offenders, direct certifying
reformatory
the Superintendent of Victoria Gaol to examine into the condi- [schools.
29 & 30 V. c.
tion and regulations of the school, and to report to him thereon; 117, s. 4.)
and if satisfied with such report, the Governor may, by writing [ See Govern
Notification
under his hand, certify that such school is fitted for the reception ment
of such youthful offenders as may be sent there in pursuance No. 404,
Gazette 16th
of this ordinance and the same shall be deemed a certified October
reformatory school. 1986.]
4. Every certified reformatory school shall from timeto time, Inspection of
and at least once in every year, be visited by the said Superin- schools.
certificates
tendent or by any two Justices of the Peace appointed for that may be. with
purpose by the Governor, and the Governor if dissatisfied with (29px?30 V.c.
the condition of such school as reported to him , may withdraw 117, s. 5.]
the certificate, and may, by notice under his hand addressed
and sent to the managers of such school, declare that the certifi
cate is withdrawn as from a time specified in the notice, being
not less than six months after the date of the notice.
5. The managers of any certified reformatory school may Resignation
upon giving six months' and the executors or adăinistrators of by
of managers.
certificate
a deceased manager ( if only one ) of any certified reformatory (29 & 30 v.c.
school may, upon giving one month's previous notice in writing 117, s.7.]
of their intention so to do, resign the certificate given to such
school; and accordingly at the expiration of six months or one
month ( as the case may be ) from the date of the notice ( unless
before that time the notice is withdrawn), the certificate shall
be deemed to be resigned .
6. The managers of any certified reformatory school may Liabilities of
decline to receive any youthful offender proposed to be sent managers
to youthfulas
to them under this ordinance, but when they have once received offenders
him they shall be deemed to have undertaken to educate, clothe, reformatory
lodge , and feed hiin during the whole period for which he is schools.
(29 & 30 V. c.
liable to be detained in the school , or until the withdrawal or 117, s.8.]
846 [ 19 of 1886. ] REFORMATORY SCHOOLS .
resignation of the certificate takes effect, or until the contribution
out of money provided by the Colony towards the custody and
maintenance of the offenders detained in the school is discontin
ued , whichever shall first happen.
Nothing in this ordinance shall be deemed to limnit, or
interfere with the right of any manager of a certified reforma
tory school to receive into such school other inmates than those
sentenced under this ordinance to be detained therein .
Effect of
withdrawal 7. Whenever the certificate is withdrawn from or resigned
of certificato. by the managers of a reformatory school, no youthful offender
[29 and 30 V. shall be received into such school after the date of the receipt
č . 117 , s . 9. )
by the managers of the school of the notice of withdrawal, or
after the date of the notice of resignation ( as the case may be ) ;
but the obligation of the managers to educate, clothe, lodge and
feed any youthful offenders in the school at the respective dates
aforesaid shall, excepting so far as the Governor may otherwise
direct, be deemed to continue until the withdrawal or resigna
tion of the certificate takes effect, or until the contribution out
of money provided by the Colony towards the custody and
maintenance of the offenders detained in the school is dis
continued, whichever shall first happen.
Disposal of
inmates on
8. When the withdrawalor resignation of the certificate of
withdrawal a reformatory school takes effect, the youthful offenders detained
or resignation therein shall be, by the order of the Governor either discharged
of certificate .
[ 29 & 30 V. or transferred to some other certified reformatory school.
c. 117 , s. 10. ]
Publication
of grant , with.
9. A notice of the grant of any certificate to a reformatory
drawal or school, or of the withdrawal or resignation of such a certificate,
resignation of shall within one month be advertised by order of the Governor
(29 & 30 v.c. in the Hongkong Government Gazette .
V.
117, s. 11. ]
Power to 10. The managers of
make rules, any certified reformatory school may
& c. from time to time make necessary rules for the management
(29 &s. 3012.V.)
117, c. and discipline of the school under their charge ; but such rules
shall not be contrary to the provisions of this ordinance, and
shall not be enforced until they have been submitted to and
approved in writing by the Governor ; and no alteration shall
be made without the approval in writing of the Governor in
any rules so approved .
Officers
authorized to 11. Every officer of a certified reformatory school authorized
convey or by the managers of the school , in writing, to take charge ofany
bring back youthful offender sentenced to detention under this ordinance
offenders to
school to have for the purpose of conveying him to or from the school, or of
privileges, &c. bringing him back to the school in case ofhis escape or refusal
of
(29 & 30 V.v.c. duty,
117 , s . 13. )
to return,
haveshall, forpowers,
all such such purpose and protection
authorities, while engaged in such
and privileges,
REFORMATORY SCHOOLS . 19 OF 1886. ] 817
for the purpose of the execution of his duty as a reformatory
officer, as any constable duly appointed has within this Colony,
by common law, ordinance, or customs.
Commitment of offenders to and their status at a certified
reformatory school.
12. Whenever any offender who, in the judgment of the Offenders
Court, or Magistrate before whom he is charged ,is under the under16 years
age of sixteen years, is convicted on criminal information or in a ed and senten
summary manner, of an offence punishable with penal servitude * son
sonment to may
or imprisonment, and is sentenced to be imprisoned for the term tobe besentence
sent d
of ten days or a longer term , the Court, or Magistrate may in either at time
addition to his sentence or in lieu thereof , either at once or at expiration
of sentenceofon
ent
the expiration of his period of imprisonm sentence him to be period
sent to a certified reformatory school, and to be there detained pris nt to
onmere
certified
for a period of not less than two years and not more than five schools.
formatory
years . [ 29 & 30 V. c.
( 1. ) Should there be at the time of sentence more than [117,s. 14.]
* No. 10 of
one certified reformatory school, the particular 1887.)]
shool to which the offender is to be sent shall be
named at the time of sentence or within seven days
therefrom .
( 2. ) In choosing a certified reformatory school the Court
or Magistrate shall endeavour to ascertain the pre
vious education, position in life and training of the
offender, and so far as is possible the selection shall
be made of a school most in conformity with such
circumstances.
( 3. ) Should there be only one certified reformatory school,
it shall be lawful for the Court or Magistrate to
order that the said youthful offender be therein
detained. If any objection be made thereto , by or
on behalf of any parent, or guardian, or near relative,
or any person or body of persons on the ground of
the particular religious training which may be
expected in such reforinatory school, the Court or
Magistrate shall report the matter to the Governor.
( 4. ) If upon such report being forwarded or on any appli.
cation being made to the Governor at any time, on
behalf of any youthful offender sentenced to be
detained in a certified reformatory school, any ob
jection is made to the particular religious influence
likely to be used in such reformatory school , and
the party making such application is willing to
make suitable provision for the care, maintenance
and education of such youthful offender under pro
818 [ 19 OF 1886. ] REFORMATORY SCHOOLS .
per security, it shall be lawful for the Governor in
Council upon such terms as to him may seem
advisable to set aside the sentence of the said Court
or Magistrate and to direct that the custody of the
said youthful offender be given to such person as
he shall appoint, and any person taking such youth
ful offender from such custody, or knowingly assist
ing directly or indirectly such offender to escape
from such custody , or knowingly harbouring or
concealing or preventing from returning to such
custody any youthful offender who has escaped
therefrom , shall be liable to the penalties incurred
under this ordinance for the offences aforesaid .
Discharge or 13. The Governor may at any time or ler any offender to be
removal by
order of the discharged from a certified reforinatory school, or to be removed
Governor.
[29 & 30 V. from one certified reformatory school to another, but so that the
c. 117,s.17.] whole period of detention of the offender in a reformatory school
shall not be increased by such removal.
Placing 14. The managers of a certified reformatory school may, at
offenders out
on licence . any time after the expiration of eighteen months of the period
[29 & 30 V. of detention allotted to a youthful offender, by licence under
č. 117, s. 18.] their hands, permit him to live with any trustworthy and res
1
pectable person named in the licence willing to receive and take
charge of him .
Duration of
licence. Any licence so granted shall not be in force for more than
three months, but may at any time before the expiration of
such three months be renewed for a further period not exceed
ing three months, to commence from the expiration of the
previous period of three months, and so from time to time until
the youthful offender's period of detention is expired.
Revocation of
licence.
Any such licence may also be revoked by the managers of
the school, by writing under their hands, at any time before the
expiration of such period of three months, and thereupon the
youthful offender to whom the licence related may be required
by writing under their hands, to return to the school.
The time during which a youthful offender is absent from a
certified reformatory school in pursuance of aa licence under this
section shall, except where such licence has been forfeited by
his misconduct, be deemed to be part of the time of his deten
tion in the school, and at the expiration of the time fixed by his
licence he shall be taken back to school.
Any youthful offender escaping from the person with whom
he is placed in pursuance of this section, or refusing to return
to the school at the expiration of the time fixed by his licence,
or any renewal thereof, or when required to do so on the revo
cation of his licence, shall be liable to the same penalty if he
had escaped from the school itself.
REFORMATORY SCHOOLS . [ 19 of 1886.] 819
15. The managers of aa certified reformatory school may , at apprentice
Power to
any time after an offender has been placed out on licence as offenders..
aforesaid, if he conducted himself well during his absence from c.[29117& , 306. 19.
V. )
the school, bind him , with his own consent, apprentice to any
trade, calling, or service, notwithstanding that his period of
detention has not expired ; and every such binding shall be
valid and effectual to all intents.
Offences in relation to reformatory schools.
16. If any offender detained in a certified reformatory school Refusal to
wilfully neglects or wilfully refuses to conform to the rules conform to
thereof, he shall, upon summary conviction before a Magistrate (29 & 30 V.
having jurisdiction in the place or district where the school is c. 117,s.20.]
situate , be imprisoned, with or without hard labour, for any
term not exceeding three months; and at the expiration of the
term of his imprisonment he shall, by and at the expense of the
managers of the school, be brought back to the school from
which he was taken, there to be detained during a period equal
to so much of his period of detention as remained unexpired at
the time of his being sent to prison .
17. If any offender sentenced to be detained in a certified Escaping
reformatory school escapes therefrom , he may at any time before from
[ 29 &school,
30 V. c.
the expiration of his period of detention, be apprehended with- 117,s. 21.]
out warrant, and, if the managers of the school think fit, but
not otherwise, may ( any other ordinance to the contrary not
withstanding ) be then brought before a Magistrate having juris
diction in the place or district where he is found, or in the place
or district where the school from which he escaped is situate ;
and he shall thereupon be liable, on summary conviction before
such Magistrate, to be imprisoned, with or without hard labour,
for any term not exceeding three months; and at the expiration
of such term he shall , by and at the expense of the managers
of the school, be brought back to the school from which he
escaped, there to be detained during a period equal to so much
of his period of detention as remained unexpired at the time of
his escaping
18. Every person who commits any of the following offences, Penalty
sons
on
st
that is to say : per assi .
ing or induc .
( 1. ) Knowingly assists directly or indirectly an offender toingescoffenders
ape
detained in a certified reformatory school to escape reformatory
from certified
from the school ; schools. Or
harbouring
( 2. ) Directly or indirectly induces such an offender to have
offender
esca
who.
s ped
escape from the school ; [ 29 & 30 V. c .
117 , s. 22. ]
850 [ 19 OF 1886. ] REFORMATORY SCHOOLS .
( 3. ) Knowingly harbours, conceals or prevents from
returning to the school, or assists in harbouring,
concealing , or preventing from returning to the
school, any offender who bas escaped from a certified
reformatory school,
shall, on summary conviction before a Magistrate, be liable to a
penalty not exceeding one hundred dollars, or at the discretion
of the Magistrate to be imprisoned for any terın not exceeding
two months, with or without hard labour.
Conditional pardons.
Power to
Governor
19. Where before or after the passing of this ordinance a
to send youthful offender has been sentenced to penal servitude, or
offenderstoryto imprisonment, and has been pardoned by the Governor on
reforma
schools on
conditio
condition of hisplacing bimself under the care of some charitable
nal
pardon . institution for the reception and reformation of youthful offend
29 & 30 V. c. ers, the Governor may direct bim , if under the age of sixteen
117 , s. 32. ] years, to be sent to a certified reformatory school , the managers
[ No. 10 of of which consent to receive him for a period of rot less than
1887.)
two years and not more than five years; and thereupon such
offender shall be deemed to be subject to all the provisions of
this ordinance, as if he had been originally sentenced to detention
in a certified reformatory school .
Evidence.
Rules respect. 20. The following rules shall be enacted with respect to
ing evidence evidence under this ordinance :
ordinance.
[29 & 30 V. c. ( 1. ) The production of the Hongkong Government Gazette
117, s. 33. ) containing a notice of the grant or withdrawal of a
certificate by the Governor to or from a reformatory
school or of the resignation of any such certificate,
shall be sufficient evidence of the fact of the
publication of such notice and also of the fact of a
certificate having been duly granted to or withdrawn
from the school named in the notice , or resigned by
the managers thereof.
( 2. ) The grant of a certificate to a certified schoolmay
also be proved by the production of the certificate
itself,or of a copy of the same, purporting to be
signed by the Colonial Secretary.
( 3. ) The production of the warrant or other document in
pursuance of which a youthful offender is directed
to be sent to a certified reformatory school , with a
statement endorsed thereon or annexed thereto,
purporting to be signed by the manager or other
REFORMATORY SCHOOLS . [ 19 OF 1886. ] S51
person in charge of the school, to the effect that the
offender therein named was duly received into and
is at the date of the signing thereof detained in
the school, or has been otherwise dealt with accor
ding to law, snall in all proceedings relating to such
offender be evidence of the identity of and of the
due conviction and detention and imprisonment of
the offender named in the warrant or other docu
ment.
( 4.) A copy of the rules of a certified reformatory school,
purporting to be signed by the Superintendent of
the Victoria Gaol , shall be evidence of such rules
in all legal proceedings whatever.
( 5. ) A school to which any youthful offender is directed
to be sent in pursuance of this ordinance shall,
until the contrary is proved , be deemed to be a
certified reformatory school within the meaning of
this ordinance.
Legal proceedings.
21. Any notice may be served on the managers of a certified Service of
notice on
reformatory school by delivering the same personally to any
one of thein, or by sending it by post or otherwise, in a letter of school.
addressed to them or any of them at the school, or at the usual c.[29117,
ands. 30.35.y.]
or last known place of abode of any manager, or of their
secretary.
Forms.
22. No summons, notice, or order made for the purpose of use of forms
carrying into effect the provisions of this ordinance shall be [in29schedule.
& 30 V. c.
invalidated for want of form only ; and the forms in the sche- 117,s. 36.]
dule to this ordinance annexed , or forins to the like effect, may
be used in the cases to which they refer, with such variations
as circuinstances require and when used shall be deemed suffi
cient.
SCHEDULE OF FORMS.
(A. )
( 'onriction .
HONGKONG Be it remembered that on the day of 18 , A.B., of
TO WIT. under the age of sixteen, to wit, of the age of
is convicted before me C.D .,- -, for the said Colony of Hongkong, for
that (here state offence ),
In pursuance of the Reformatory Schools Ordinance, 1886, I have sentenced
852 [ 19 OF 1886. ] REFORMATORY SCHOOLS ,
the said A.B. to be sent forth with to the reformatory school at
the manager whereof is willing to receive him , and to be
there detained for the period of commencing on and from
Given mder my hand and seal the day, month and year first above written .
[ L.s.] C. D.
(B. )
Order of detention .
IIongkong ! To A.B., coustable of Police, and to the manager of the
To wit . S reformatory school at
Whereas A.B. , late of under the age of sixteen years, to wit,
of the age of years, was this day duly convicted before the under
signed , for that (stating the offence vis in the conviction), and it was thereby
adjudged that the said A.B., for his said offence, should , in pursuance of the
Reformatory Schools Ordinance, 1886 , be sent forth with to the
reformatory school at ( the managers whereof are
willing to receive him therein ), and to be there detained for the period of
commencing from and after the day of 18
These are therefore to command you , tlie said constable of to
take the said A.B. and him safely convey to the manager of the said reform
atory school, and there to deliver him to the manager thereof, together with
this precept. And I do bereby command you the said manager of the said
to receive the said 4.B. into your custody in the said school,
there to detain him for the space of in the manner directed by
the Reformatory Schools Ordinance, 1886 , and for so doing this shall be
your sufficient warrant.
Given under my hand and seal this day of 18 , in
the year of our Lord at Hongkong , aforesaid .
[ L ...] J.S.
GOVERNMENT NOTIFICATION . - No. 404.
Notice as to the Reformatory Schools Ordinance, 1886, of the 13th
October, gazetted 16th October, 1886.
In pursuance of section 9 of the said ordinance, 110tice is hereby given that
His Excellency the Officer Administering the Government, acting under the
authority conferred upon him by section 3 of that ordinance, has this day
granted to the West Point Reformatory School a certificate that it is fitted
for the reception of such youthful offenders as may be sent there under the
said ordinance.
ir
SPIRIT LICENCES . [ 21 of 1886. ] 853
No , 21 OF 1886 .
An Ordinance entitled The Spirit Licences Ordinance,
1886 .
[ 11th June, 1886. ]
* *
1. This ordinance may be cited as The Spirit Licences Ordi- Title.
nance, 1886 .
2. In this ordinance, unless the context indicates the con- tion
Interpreta
of terms.
trary :
Adjunct licence shall mean the licence granted uniler this
ordinance to hotel-keepers, restaurateurs, or confec
tioners, for the retail sale of intoxicating liquors as an
adjunct to their respective businesses without keeping
a public bar.
Adulterated liquor shall mean any liquor mixed or coloured
to the prejudice of the purchaser with any ingredient
whatever , or with water, either so as to increase its
bulk and measure, or so as injuriously to affect the
quality of such liquor, or to conceal its inferior quality,
or any liquor which is not virtually of the nature and
quality demanded by the purchaser, or of the liquor
which it is labelled as being or purporting to be,
whether such adulterated liquor be injurious to health
or not. Spirits shall not be considered adulterated
if mised with water only so as not to reduce the
strength more than twenty -five degrees below proof
in the case of brandy, whisky or rum , or more than
thirty degrees below proof in the case of gin .
Chinese spirits shall mean the intoxicating liquors commonly
known as samshu.
Gallon shall mean an imperial gallon , or , if the liquor be
in bottles, six reputed quart bottles, or twelve reputed
pint bottles .
Grocer's licence shall mean a licence to sell intoxicating
liquors by the bottle, such liquor's not to be consumed
on the premises.
Intoxicating liquor shall include spirits, malt liquor, and
any wine or other fermented liquor whatever.
Pint bottle and quirt bottle shall mean the reputed pint and
quart bottles or linarily used in commerce.
854
[ 21 of 1886. ] SPIRIT LICENCES .
Public house shall mean any house or place of entertainment
where intoxicating liquors are sold by retail and may
be consumed on the premises, but shall not include
any place of entertainment kept under an adjunct
licence.
Retail sale shall mean the sale of liquors in less quantities
than two gallons as above defined .
Spirit shop shall mean any shop licensed to retail Chinese
spirits not to be consumed on the premises.
Wholesale licence shall mean a licence to sell intoxicating
liquors by the unopened cask or case, in quantities
not less than two gallons of one liquor at one time,
such liquors not to be consumed on the premises.
Distilleries.
Unlicensed 3. No person shall make, distil , or rectify any spirits, or
Llibitede pro- shall knowingly keep or bave inhis possession any still or other
.
3[8ofof69.]
47,and utensil , or apparatus for distilling or making or rectifying
spirits, without a licence under this ordinance.
Apothecaries, It shall be lawful for the Colonial Secretary to issue aa licence
chemists and
drugvists free of all charge to any apothecary, chemist, or druggist applying
may have
stills of cight
for the same, to keep and use on his premises , a still of not
gallons con
tents .
more than eight gallons contents for the purpose of his trade
( Orul . 8 of only, provided that every person wishing to keep such still
1844 section
3.
shall notify his intention so to do to the said Colonial Secretary,
who shall thereupon require such person to give a bond with
two sufficient sureties in the sum of one thousand dollars , that
he will not make use of such still , or suffer it to be made use
>
of except for the preparation of medicines or other articles
required bonâ fide for medical purposes, and every such person
found to have such still without having entered into such bond
and obtained such licence, shall be deemed to be guilty of an
offence under this ordinance.
Licences to
distil. 4. The Colonial Secretary may issue licences to distil in the
(3 of 69. ] forın of schedule A , on each of which licences an annual fee of
one hundred and twenty dollars shall be payable in advance.
Such conditions as the Governor in Council may from time to
time determinomay be added to such licences. Every licensed
distiller may sell by wholesale the liquors he distils.
Allulleratcı
liquors.
5. Any person who shall distil , make, import, sell, dispose
of, or deal in any adulterated intoxicating liquor shall be guilty
13 , s. 5. ] of an offence against this ordinance, and if such adulterated
liquor be injurious to health he may, on a second conviction,
be sentenced to imprisonment with or without hard labour for
SPIRIT LICENCES . 121 OF 1886. ] 855
a period not exceeding six months besides any other penalties
to which he may be liable under this ordinance.
No person shall be convicted under this section if he shows
to the satisfaction of the Magistrate before whoin he is charged
that he did not know that the liquor sold by him was adulte
rated , and that he could not have known it with any reasonable
diligence.
Sale of intoxicating liquors.
6. No person shall sell or dispose of,or advertise or expose Unlicensed
for sale any intoxicating liquor either by wholesale or retail sale prohibit
within the Colony, or shall permit or suffer any such intoxicat- [11 of 4+. 1.]
ing liquor to be sold or disposed of or advertised or exposed
for sale in his house or other place within the Colony without
a licence under this ordinance. The delivery of any intoxicat
ing liquors shall be taken, in any proceeding under this
ordinance, to be primâ facie evidence that money or other
consideration was given for the same.
7. The holder of a retail or grocer's licence may also sell Wholesale
intoxicatingliquorswholesale, but no person shall sell intoxicat- and . retail
(See. 11 of 44.
ing liquors by retail without a licence to that effect, and this 21.
section shall apply to all retail sales of liquor to any person on ]
pretence that he is a customer for other gcods, as well as to all
sales of quantities exceeding two gallonswith an understanding
that part is to be returned , and generally, to any act whatever
which, under whatsoever pretence, constitutes à retail sale of
intoxicating liquor.
8. The Colonial Secretary may at any time issue temporary Temporary
licences.
licences for the sale of liquors at any public entertainment or
on any public occasion on payment of such fee in each case as
to the Governor shall seem fit.
Public house, and adjunct licences.
9. Every person desirous of obtaining a publican's or adjunct Application
licenceshall giveten days' notice to the Magistrates in the [for11 licence,
of 44. 3. ]
form of schedule B or C according to the nature of the licence
required .
10. The Magistrates, or either of them , may from time to Sessions.
time appoint a day for the granting or transferring of licences, [11 of 44. 4.]
which shall be advertised in the Government Gazette and a
public newspaper at least one week previously, and the said
Vagistrates, or either of them , with the assistance of such other
Justices of the Peace as may attend on the said day, shall take
into consideration all applications which may have been made
856 [ 21 of 1886. ] SPIRIT LICENCES .
for licences for the sale of liquors within the Colony, and the
presiding Magistrate may adjourn the consideration of all or
any of such applications to any other lawful day.
Disagreement
of Justices ,
11. Every application for the grant or transfer of a licence
(11 of 14. 4.] shall be decided by a majority of votes of the Justices present,
in the case of equality the presiding Magistrate shall , in addi
tion to one original vote, have a casting vote . Provided however
that in case of any applicant being dissatisfied with the order
of the Justices or the majority thereof, it will be lawful for the
Governor in Council to alter and amend the order, on the
petition of the dissatisfied party.
Applicants 12. Every applicant for a licence, who may be approved by
recognis
ances. the Justices assembled as above, shall enter into a recognizance
(11 of4.5 .) in the form of schedule D or E according to the nature of the
licence he requires, whereupon the Magistrate shall deliver to
him a certificate in the form of schedule For G according to
the nature of his application ; and the Magistrate shall, within
ten days, transmit to the Treasurer a return of all such certifi
cates as may have been granted in the form of schedule II to
this ordinance
Fee. Licencc .
13. The applicant may, within fourteen days from the date
[11 of 44. 7.] of such certificate, loilge it in the Treasury together with the
fee provided by schedule P to this ordinance, whereupon the
Treasurer shall issue to him a licence in the form of schedule I
or ) according to the nature of the licence for which the certifi
cate is granted, such licence to be called a public house licence
in the one case, or an adjunct licence in the other.
Period of
licence .
14. Every public liouse or adjunct licence shall be valid only
(10 of 68. ] until the 30th of November next following the date on which
it is granted : always provided that where this period is less
than a year a proportionate part only of the aforesaid fee shall
be charged, to which (except in the case of the transfer of a
licence ) ten per cent shall be added .
Records, 15. The Magistrates shail keep a record of all recognizances
entered into under section 12 , and the Treasurer shall keep a
record of all licences issued under section 13 of this ordinance.
Transfer of 16. The presiding Magistrate and Justices at their meetings
licences.
[11 of 11.9.] hereinbefore provided for may transfer, in the form of schedule
K , any public house licence or adjunct licence to the nominee
of the original holder of such licence, such nominee making like
application, receiving aa like certificate, and entering into like
rccognizances as if applying for a licence on his own behalf.
SPIRIT LICENCES . [ 21 of 1886. ] 857
17. In case of the death or insolvency of any person holding Death or
a public house licence or adjunct licence under this ordinance, insolvency of
the executor, or administrator, or trustees of such licensee may (11 of 41,10.]
carry on the business of such licensed house until the expiration
of the licence, subject to all the same regulations as the original
licensee. And such executor, administrator, or trustees shall
enter into new recognizances under this ordinance.
18. The Justices may permit the business licensed under a business
Removal of
public house or adjunct licence to be removed to other premises (11 of 44.11.)
if they shall be satisfied that the application to remove such
business (which shall be by written inemorial) may reasonably
be granted. The licensee shall enter into new recognisances,
and shall receive a new certificate entitling him to a new licence
for the remainder of his term on payment of a fee of five dollars.
19 . Every licensed publican or adjunct licensee shall have Sign. Produc
his full naine painted in legible letters at least three inches long, licence..
with tlie words Licensed to retail wines and spirits, constantly (11 of 17.13.)
and permanently remaining, and plainly to be seen and read,
on some conspicuous part of his house, and no person not
actually holding a public house licence or adjunct licence
( except the keeper of a spirit shop as hereinafter provided ) shall
keep up any sign, writing painting, or other mark , which inay
imply or give reasonable cause to believe that his premises are
licensed for retail or barter of intoxicating liquors, or that such
liquors are sold, served , or retailed therein.
20. The business of every licensed publican or adjunct Regulations
Sec. 11 of 4+,
licensee shall be carried on subject to the following regu- [scand
lations : schedule. ]
( 1. ) No liquor shall be sold or drunk on the premises
licensed except between such hours as the Magis
trate shall enter on the certificate to be granted
under clause 12 .
( 2. ) No disorder shall be permitted on the premises.
( 3.) No person shall be allowed to become drunk on the
premises, nor shall liquor be supplied to any person
who is drunk .
( 4. ) No game of chance shall be played on the premises.
( 5. ) A decent and suitable privy and urinal shall be main
tained in a state of cleanliness and good repair for
the use of customers.
( 6. ) The licensee shall not abandon the occupation of his
house, or permit any other person to become vir
tually the keeper thereof.
858 [ 21 OF 1886.] SPIRIT LICENCES .
( 7. ) The licensee shall not employ any person to sell or
dispose of any liquors outside of his licensed pre
mises, nor shall he allow or suffer any liquors to be
so disposed of on his account.
Forfeiture of
recognisan 21. When any licensed publican or adjunct licensee shall be
ces. charged with any offence under this ordinance and shall not
[11 of 14, 15.] appear to answer to such charge, it shall be lawful for any
Magistrate to order that the recognizance of such licensed
publican or adjunct licensee be forfeited until his appearance,
and in case any licensed publican or adjunct licensee be twice
convicted of any offence under this ordinance, it shall be lawful
for the Magistrate to order, on the second conviction, that any
fine imposed on such offender, not exceeding the amount of his
recognisances, be paid by his suretics .
Action on
account of
22. No licensed publican shall maintain any action for, or
liquors. recover any debt or demand on account of liquors, unless such
[11 of 14.17.) debt shall bonâ fide have been contracted at one time to the
amount of five dollars or upwards, nor shall any item in any
account for liquors be allowed where the liquors bona fide deliv
ered at one time shall not amount to the full sum of five dollars ,
nor shall any amount of debt whatsoever incurred by any
seaman or soldier in Her Majesty's service for liquors be allowed :
provided always that nothing herein contained shall extend to
prevent innkcepers from keeping an account with lodgers and
travellers, in which any charge for liquors may be included, and
recovering the amount thereof in a Court of Justice.
Taking 23. No licensed person shall take or receive in payment or
pledges
111 of44.18.] pledge for liquor or any entertainment whatever supplied in or
out of his house any article or thing whatever except money.
Measures.
24. Every licensed publican or adjunct licensee shall sell
{11 of 44. 19. ) and dispose of his liquors by the measures legalised in this
Colony and not otherwise, except when the quantity is less
than half a pint, or except when the liquor is sold in bottles,
and shall also ineasure such liquor in the presence of any
customer who may require him to do so .
Suspected 25. If any person be convicted of unlawfully retailing any
premises
(11 of 44.35.) intoxicating liquor, the house and premises of such person, and
the house, lodging, shop, or warehouse where such offence shall
have been committed, and any court or yard connected therewith,
shall be liable to be searched at any time of the day or night, by
any Police officer, with or without warrant, for six months
next after such conviction, provided that the same or any part
thereof shall be occupied by the person so convicted .
SPIRIT LICENCES . [ 21 of 1886. ] 859
26. Whenever any Police officer shall find any person Drinking in
drinking in any place in which any intoxicating liquor shall be place.
sold or disposed of by retail , and the licence for such sale shall [11 of 44. 36. ]
not on demand be produced to such Police officer, it shall be
lawful for such Police officer to apprehend all such persons so
found drinking there; and every such person so found drinking
shall , upon conviction before any Magistrate, forfeit and pay
for every such offence a sum not exceeding twenty dollars,
unless such person shall inform against such unlicensed person
or voluntarily become аa witness against him , in respect of such
act of selling and retailing.
27. No master or other person employing journeymen, Payment of
workmen, servants , or labourers , shall pay or cause any payment (11of 44.37.)
to be made to any such journeyman, workman, or labourer in
or at any house in which any intoxicating liquor is sold by
retail .
Wholesale and Grocers' licences. Spirit shops.
28. Every person desirous of obtaining a wholesale or a Wholesale
grocer's licence to sell intoxicating liquors shall apply to the and grocers'
Colonial Secretary, who may in his discretion grant to the el. How obtain.
applicant a licence in the form of schedule L or M according to
the nature of his application, on production of a receipt from
the Treasurer for a fee of one hundred and twenty dollars.
Such licence may be renewed annually on like conditions..
29. It shall be lawful for the Governor in Council from time Power to
to time to make, alter, amend and repeal regulations and condi- make rules.
tionsfor the granting of wholesaleand grocer's licences. Such
conditions may require the providing by applicants of one or
more sureties, may alter the above scale of fees, may regulate
the times of commencement and expiry of such licences, the
hours and conditions of sale, and all other matters connected
with such licences. All such regulations when published in
the Government Gazette shall have the force of law.
30. The Colonial Secretary may grant a licence in the form Chinese
of schedule N to any person to retail Chinese spirits , such spirit shops.
Chinese spirits not to be consumed on the premises where they 27-30.]
are sold, and the holder of such licence shall exhibit con
spicuously and permanently in front of his licensed place of
business his name and number and the nature of such licence,
on a sign, the size and design of which shall be approved by
the Colonial Secretary, and the fee of ten dollars monthly shall
be paid in advance by each licensee to the Treasurer . The
Colonial Secretary may permit the transfer of any such licence
in form of schedule. 0.
860 [21 OF 1886. ] SPIRIT LICENCES .
Eating houses.
Fating 31. No person , unless licensed to retail intoxicating liquors
houses.
or Chinese spirits under this ordinance, shall keep an eating
house, coffee house, refreshment bar or saloon , restaurant, or
other place where meals or refreshments are supplied to persons
not resident on the premises, without a licence from the Colonial
Secretary, for which licence a fee of ten dollars a year shall be
payable in advance. Such conditions as the Governor in
Council may determine may be added to any licence granted
under this section . 1
Disorder in
eating houses. 32. No person licensed under the preceding section shall
(2
[ & 3 Vic.es knowingly or wilfully permit drunkenness or other disorderly
47, s . 44. ) conduct in his house or other place of entertainment, or
knowingly suffer any unlawful games or gaming therein, or
knowingly permit or suffer any public prostitute to frequent
such house or other place or to remain therein .
Police inspection . Search.
33. When information upon oath shall be laid before any
Magistrate to the effect that any illicit distillation or rectification
or illegal sale of intoxicating liquors is carried on within any
building or on board of any vessel in the Colony, it shall be
lawful for such Magistrate by a warrant under his hand to
empower any officer of Police to enter such building or vessel
at any hour of the night or day, using force for that purpose if
necessary, and to make search for any stills, parts of stills, or
intoxicating liquors which may be found there, and to arrest
any persons who inay appear to have committed or to be attempt
ing to commit any offence against this ordinance.
Every person licensed under this ordinance shall produce his
licence to any Police officer on being required thereto.
Any officer of Police shall have free access to every part of
any house licensed under section 13 or 31 of this ordinance at
any hour of the night or day .
Penalties and their recovery.
Fines and
forfeitures.
34. For every offence against this ordinance not otherwise
provided for, there shall be payable for a first offence a fine not
exceeding three hundred dollars, and for a second offence a fine
not exceeding six hundred dollars. And allintoxicating liquors,
stills, or parts thereof with respect to which any offence against
this ordinance may have been committed , as well as the vessels
or packages which contain them , may be forfeited , as also any
boat or vessel of less than fifteen tons burden in which such
intoxicating liquors or stills or parts of stills may be found.
SPIRIT LICENCES . [ 21 or 1886. ] 861
35. Offences against this ordinance shall be considered to defined
Offences.
be :--
( 1. ) Refusal, neglect, oromission to do any act commanded
by this ordinance.
( 2. ) Refusal to permit, or obstruction of any such act.
( 3. ) The doing of any act forbidden by this ordinance .
( 4. ) On the part of a licensed publican , adjunct licensee,
or keeper of a spirit shop , any breach of the terms
of his licence or recognisance.
36. On the conviction of any licensed person for a second licence
Forfeitu. re of
offence against this ordinance the Magistrate may order bis . [ See. 11 of
licence to be forfeited, in addition to any other penalties herein- 11.30.)
before provided .
37. All penalties for offences against this ordinance may be Recovery
recovered in a summary way before a Magistrate, but proceed- of penalties.
ings for the recovery of such penalties shall be commenced
within six months after the offence was committed.
38. One -half or a less portion of any fine levied under this informers.
Awardsto
ordinance may be paid to the informer. ( 11 of 44. 32. )
Power to make rules.
to .
Powerrules
39. The Governor in Council may from time to time make, make
alter, and repeal rules consistent with this ordinance for the
better carrying out of the same. All such rules shall be pub
lished in the Gazette, and when so published shall have the force
of law .
* *
41. This ordinance shall take effect on a day to be hereafter ment
Commenec
of
proclaimed by the Governor. ordinance.
SCHEDULES.
(A. )
The Spirit LICENCES ORDINANCE, 1886.
Distillery licence, ( Sec . 4.)
In consideration of the fee of dollars paid by
I hereby license him to have stills of gallons
capacity at and to distil spirits therewith and to sell such spirits
by wholesale from this date until 18
Hongkong, 188
Colonial Secretary.
862 [ 21 OF 1886. ] SPIRIT LICENCES .
1
( B. )
The Spirit LICENCES ORDINANCE, 1886.
Application for publican's licence, ( Sec. 9.)
Name of applicant address
Nationality Has held a licence years.
Licensed house to be at No. Street.
Its name or sign to be
Sureties of
and of
To the Magistrates.
I give notice that I intend to apply at the next licensing meeting to Her
Majesty's Justices of the Peace, for a licence to sell and retail intoxicating
liquors, in the house and appurtenances thereunto belonging above named ,
which I intend to keep as an inn or public -house.
Hongkong, 188
We, the undersigned householders residing at Victoria in the said Colony,
certify that the above-named applicant is a person of good fame and reputa
tion , and fit and proper to be licensed to keep an inn or public -house.
1.
2 .-
3.
( C. )
TIIE SPIRIT LICENCES ORDINANCE, 1886 .
Application for adjunct licence, ( Sec. 9.)
Name of applicant address
Nationality Has held a licence years.
Licensed house to be at No. Street.
Other business carried on
Sureties of
and of
To the Magistrates.
I give notice that it is my intention to apply at the next licensing meeting
for a licence to sell and retail intoxicating liquors, in any quantity under two
gallons at one time, in the house and appurtenances thereunto belonging
above named , as an adjunct to the business which I am carrying on in the
said house and premises.
Hongkong , 188
We, the undersigned householders, certify that the above named applicant
is a person of good fame and reputation, and fit and proper to be licensed for
the sale of intoxicating liquors as aforesaid .
1.
2.
3.
SPIRIT LICENCES . [ 21 OF 1886. ] 863
( D. )
THE SPIRIT LICENCES ORDINANCE, 1886.
Publican's recognisance, (Sec . 12. )
COLONY OF
HONGKONG Be it remembered , that on the day of 188
TO WIT .
} hereinafter
called the licensee and
and
hereinafter
called the sureties came personally before me, a Magistrate in the Colony of
Hongkong, and acknowledged themselves to owe to our Lady the Queen, to
wit,—the said licensee the sum of three hundred dollars, and the said sureties
each the sum of three hundred dollars of lawful current dollars of Hongkong,
to be respectively levied of their several goods and chattels, lands and tene
ments, to the use of our said Lady the Queen , Her Heirs, and Successors, in
case default shall be made in the performance of the conditions hereunder
written :
The conditions of this recognisance are such , that whereas the said licensee
is to be licensed to keep a public house, and to sell intoxicating liquors, at
the sign of the situate at ; If the said licensee do
observe all the conditions of The Spirit Licences Ordinance, 1886, then this
recognisance to be void, otherwise to remain in full force .
Taken and acknowledged the day and year above written , before me .
Magistrate.
( E. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Adjunct licensee's recognisance, ( Sec. 12.)
COLONY OF
HONGKONG Be it remembered , that on the day of 188
TO WIT .
hereinafter
called the licensee and
and
hereinafter
called the sureties came personally before me a Magistrate in the Colony of
Hongkong, and acknowledged themselves to owe to our Lady the Queen, to
wit, —the said licensee the sum of three hundred dollars, and the said sureties
each the sum of three hundred of lawful current dollars of Hongkong, to be
respectively levied of their several goods and chattels, lands and tenements,
to the use of our said Lady the Queen , Her Heirs, and Successors in case
default shall be made in the performance of the conditions hereunder
written :
The conditions of this recognisance are such , that whereas the said licensee
is to be licensed to sell intoxicating liquors, in any quantity under two gallons,
861 [21 of 1886. ] SPIRIT LICENCES .
in the house, No. as an adjunct to the business of
carried on by him in the said house and appurtenances thereunto belonging
; If the said licensee do observe all the conditions of The
Spirit Licences Ordinance, 1886 , —then this recognizance to be void, other
wise to remain in full force.
Taken and acknowledged the day and year above written , before me
Magistrate.
(F )
THE IRIT LICENCES ORDINANCE, 1886.
Publican's certificate, ( Sec. 12.)
Authority to the Treasurer to issue a spirit licence to
Premises No. Street.
Sign of house Licence to expire 18 .
I authorise the Treasurer to issue a licence to the person named above to
keep an inn or public -house as above set forth, I am satisfied the said person
is a person of good fame and reputation, and is fit and proper to keep an inn
or public-house ; and I have taken from the said person and his sureties a
recognisance in the sum of three hundred dollars each , according to the form
prescribed by the said ordinance.
Hongkong, 188
Magistrate.
Hours for sale to
(G. )
The Spirit LICENCES ORDINANCE, 1886.
Adjunct licensee's certificate, (Sec. 12.)
Authority to the Treasurer to issue an adjunct licence to
Premises No. Street.
Business carried on Licence to expire 18
authorise the Treasurer to issue an adjunct licence to the above named
person to retail liquors in any quantity under two gallons on the premises
named above as an adjunct to the business carried on by him in the said house.
I am satisfied the said person is a person of good fame and reputation, and is
fit and proper to conduct such house as aforesaid ; and I have taken from the
said person and his sureties the requisite recognisances in the sum of three
hundred dollars each , according to the form prescribed by the said ordinance.
Hongkong, 188 .
Mayistratc.
Hours for sale - to
SPIRIT LICENCES . [ 21 OF 1886. ] 865
( H. )
The Spirit LICENCES ORDINANCE , 1886.
Return of licensees, ( Sec. 12.)
To the Treasurer.
Public house or adjunct licences may be granted to the undermentioned
persons.
Sign Whether Addresses Nature
Road or before
Licensee . of No. Sureties. of of
street. licensed or sureties.
house.
not. licence.
Magistrate.
Hongkong, 18
(I. )
The Spirit LICENCES ORDINANCE, 1886.
Public Ilouse Licence, (Sec. 13.)
Licensee
Sign of house
No. Street .
Period of Licence, from to both days inclusive.
Fee, $
I license the above named person to keep a public house, and to sell and
retail in the house in which he now dwells and in the appurtenances there
unto belonging, but not elsewhere, all intoxicating liquors during the period
above written .
No. Treasurer.
Hongkong , 18
(J. )
THE SPIRIT LIÇENCES ORDINANCE, 1886.
Adjunct Licence, (Sec 13.)
Licensee
Business
Address , No. Street.
Period of Licence, from to both days inclusive.
Fee, $
I license the person named above to sell and retail intoxicating liquors in
quantities not exceeding two gallons in the house in which he now dwells
S66 [ 21 OF 1886. ] SPIRIT LICENCES .
and in the appurtenances thereunto belonging, but not elsewhere ; as an
adjunct to the business he carries on there and without keeping a public bar
during the period above written.
No. Treasurer .
Hongkong, 18
(K. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Transfer of Public House or Adjunct Licence, ( Sec. 16. )
..
New Licensee
Sign of house
or Business carried on
No.
} Street.
Period of new Licence, from to both days inclusive.
Former Licensee
I license the person named above to sell and retail intoxicating liquors in
the house named above and in the appurtenances thereunto belonging, but not
elsewhere, during the period above written .
No. Treasurer.
Hongkong , 18
( L. )
The Spirit LICENCES ORDINANCE, 1886.
Wholesale Licence, (Secs. 28 & 29.)
is licensed to sell intoxicating liquors by the un
opened cask or case, in quantities not less than two gallons of one liquor at
one time on the premises known as
Such intoxicating liquors are not to be consumed on the premises.
Colonial Secretary.
Hongkong, 18
(M. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Grocer's Licence, ( Secs. 28 & 29.)
is licensed to sell intoxicating liquors ( Chinese
spirits excepted ) by the bottle on the premises known as
Such intoxicating liquors are not to be consumed on the premises. Liquors
may also be sold wholesale under this licence.
Colonial Secretary.
Ilongkong, 18
SPIRIT LICENCES , [ 21 or 1886. ] S67
( N. )
THE SPIRIT LICENCES ORDINANCE, 1886.
Spirit Shop Licence, (Secs. 30. )
No.
is licensed to sell spirits not to be consumed on his premises at No.
the sign or shop name of which is
until 18
Conditions
1.
2,
3,
& c. Hongkong, 18
Colonial Secretary .
( O. )
THE SPIRIT LICENCES ORDINANCE , 1886 .
Transfer of spirit licence, (Sec. 30.)
The spirit licence No. granted to is transferred to
> who is hereby licensed to sell spirituous liquors, not to be consumed
on the premises, at No. the sign or shop name of which is
until 18
Conditions .
1.
2. —
3.
Colonial Secretary.
( P. )
SCHEDULE OF FEES.
1. - Public house and adjunct licences, (Sec. 13.)
When the annual valuation of the premises occupied is
under $ 1,000, a licence fee of $300 a year.
under $ 4,200 $ 360
over $ 4,200 $ 480
II. - Other fees chargeable under this ordinance.
Distillery licence, ( Sec. 4 ) ............ . $ 120 a year .
Temporary spirit licence, (Sec. 8), Discretionary.
Licence for removed business, (Sec . 18), $ 5
Grocer's licence, ( Sec. 28 )........ . $ 120 a year .
Wholesale licence, ( Sec . 28) , . $ 120 "
Chinese spirit licence, ( Sec. 30), $ 120
Eating house licence, (Sec. 31 ), .......... $ 10
[ In force from 1st July, 1886, proclamation the 12th June, 1886.]
SCS [ 21 or 1886.] SPIRIT LICENCES .
Regulations made by the Governor in Council, under the
Spirit Licences Ordinance, 21 of 1886, and under
the Crown Fees Ordinance, 17 of 1870, on the
23rd, gazetted the 24th July , 1886.
1. Intoxicating liquors. bottled in the Colony may be sold under a whole
sale licence, although the bottles are not contained in cases, provided not less
than twelve quart bottles or twenty -four pint bottles of any one liquor are
sold at one time.
2. Whenever no special provision has been made in the Spirit Licences
Ordinance, 1886 for the transfer of any licence, such licence may be trans
ferred by the endorsement of the officer who issued it, or by the issue of a
fresh licence by him .
3. The fee of $ 10 for each licence for an eating -house imposed by section
31 of the above- named ordinance is hereby remitted in the case of eating
houses for Chinese customers only.
Order made by the Governor in Council under the Spirit
Licences Ordinance ( 21 of 1886), on the 3rd and
gazetted the 18th September, 1886.
The following conditions shall be added to distillery licences issued under
the provisions of Ordinance 21 of 1886 :
CONDITIONS .
1. The premises shall, at all reasonable times, be open to the inspection of
such officers as the Governor may, from time to time, appoint in that behalf.
2. The licensee sball, at the expiration of every consecutive period of 3
months from the date hereof, furnish to the Colonial Secretary aa return of the
total amount of spirits distilleul, rectified, or coinpowded under this licence
during such period.
3. No spirits shall le sold or disposed of by the licensee, or by any one
acting for him , or on his behalf, in less quantity than 36 gallons at one time.
4. This licence may be cancelled, and the licence fee paid in respect thereof
forfeited, if the licensee be guilty of any of the following offences :
(a .) Breach of any of the conditions of this licence.
( 6.) Breach of any regulations made or to be made in virtue of section
39 of Ordinance 21 of 1886 .
( c.) Distilling, rectifying, or compounding any spirits which shall, in
the opinion of the Governor in Council, be deleterious to public
health, or in any other respect a nuisance.
869
LEGISLATIVE COUNCIL WITNESSES. [ 26 of 1886. ]
No. 26 OF 1886.
An Ordinance entitled An Ordinance for enabling the
Legislative Council and any Committee thereof to compel
the attendance of and to administer Oaths to Witnesses.
[ 14th December, 1886.]
1. This ordinance may be cited for all purposes as “ The Short title:.
( 34 & 35 V. c .
Legislative Council Witnesses Ordinance, 1886. 83 , s. 4.]
2. The Legislative Council of the Colony and any committee Examination
thereof may administer an oath to any witness examined before of witnesses
such Council or committee and for that purpose shall have all [34 & 35 V. c.
such and the like powers, rights, and privileges, as are now $3, $ 1.]]
possessed or exerciseable by the House of Commons of the
United Kingdom of Great Britain and Ireland or any committee
thereof, in respect of,---
( a. ) The enforcing the attendance of witnesses.
( 6. ) The punishing persons guilty of contempt.
3. Any person examined as aforesaid , who wilfully gives Pulse
false evidence, shall be liable to the penalties of perjury; Any $34
(
38. v.c.
&& 35 V
witness to be esamined under this ordinance who, being a 83, s. 2.]
Christian, conscientiously objects to take an oath, may make
his solemn affirmation and declaration in the words following : -
“ I, A. B., do solemnly, sincerely, and truly affirm and
>
declare that the taking of any oath is according to my
religious belief unlawful and I do also solemnly,
sincerely, and truly affirm and declare, & c."
Any witness to be examined under this ordinance who is not Declaration
a Christian, may, in lieu of' an oath make the following declaration in lieu of
which shall be duly interpreted to every such witness ignorant
of the English language. ' I, A. B., do solemnly, sincerely ,
and truly declare that the evidence which I am about to give
shall be the truth , the whole truth , and nothing but the truth .'
Any solemn affirmation and declaration or declaration alone
as aforesaid shall be of the same force and effect and shall entail
the same consequences as an oath taken in the usual form .
Any oath or affirmation and declaration or declaration al
as aforesaid may be administered by the presiding member of
the said Council or any committee thereof.
870 (27 of 1886. ] COMMISSIONERS POWERS.
No. 27 OF 1886 .
An Ordinance entitled An Ordinance to enable the Gov
ernor of Hongkong to appoint Commissions under the
seal of the Colony and to confer certain powers on Com
missioners so appointed necessaryfor conducting Inquiries.
[14th December, 1886. ]
* * *
Sbort title. 1. This ordinance may be cited for all purposes as “ The
Commissioners Powers Ordinance , 1886.”
Power to 2. The Governor in Council shall have power to nominate
Governor to
appoint com and appoint commissioners under the seal of the Colony for the
Inissioners. purpose of instituting making and conducting any inquiry that
may be deemed advisable or necessary and for reporting thereon ;
and also to appoint a secretary or clerk to such commissioners
Power to fill
vacancies.
at such salary or remuneration as he may think fit ; and in case
( 33 and 34 V. of any vacancy occurring in the office of any commissioner,
c. 105,, s. 5.] secretary, or clerk so appointed by reason of such commissioner,
>
secretary, or clerk dying, resigning, declining, or being or
becoming incapable to act, fromtime to time in like manner to
fill up such vacancy .
Power of 3. All commissioners so appointed as aforesaid, shall if the
commis .
sioners Governor in Council deem it necessary or expedient , and pro
appointed by vided, that the commission , under which they are appointed,
the Governor.
[ Ibid. n. 6. ] so direct, have all or any of the powers, rights, and privileges
following that is to say :
( 1. ) All such powers as are now or may hereafier be vested
in the Supreme Court of the Colony or in any Judge
for the time being thereof on the occasion of any
action or suit in respect of the following matters :
( a. ) The enforcing the attendance of witnesses
and examining them on oath, affirma
tion, or otherwise, as they or he may
think fit.
( b. ) The compelling the production of docu
ments .
( c. ) The punishing persons guilty ofcontempt.
( d. ) The ordering an inspection of any pro
perty.
And in such cases a suminons under the hand of
the chairman or presiding member of any such com
COMMISSIONERS POWERS . [ 27 of 1886. ] 871
mission as aforesaid, countersigned by the secretary,
or clerk ( if any ) to such commission, may be sub
stituted for and shall be equivalent to any form of
process capable of being issued in any action or suit
for enforcing the attendance of witnesses, or com
pelling the production of documents; and any
warrant of committal to prison issued for the pur
pose of enforcing any such powers as aforesaid shall
be under the hand of the chairman or presiding
member of any such commission as aforesaid , coun
tersigned by the secretary or clerk as aforesaid ( if
any ), and shall not anthorise the imprisonment of
any offender for a period exceeding three months.
( 2. ) The power for the purposes of their commission to
enter and view any premises.
( 3. ) The right to conduct every examination of witnesses
as afor