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The Ordinances of the Legislative Council of the Colony of Hongkong 1890 - Volume 2

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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Repealed .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 .

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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