PRIVY COUNCIL
LIBRARY
THE LIBRARY
OF THE
NIVERS ,
OYNU , ARTIBUS
L E
MINNSES O
LAW SCHOOL
1
1
1
LAR
2
THE C
via
ORDINANCES
OF THE
1 LEGISLATIVE COUNCIL OF THE COLONY
OF
HONG KONG .
:
CONCISE EDITION
FROM THE YEAR 1914 TO THE END OF 1890 .
1
VOL. II .
COMPILED FOR THE GOVERNMENT OF HONGKONG , SUSILIED
BY FC ? THE
A. J. LEACII ,
PUBLICSERVICE
Barrister -at - Law '.
DROIT
By Authority.
HONGKONG :
PRINTED BY NOROSIIA & CO ., GOVERNJENT PRINTERS.
1892 .
In this and the preceding volume Naturalization and Ap
propriation Ordinances are omitted.
The Appendix containing addenda and corrigenda to both
volumes should be carefully noted up.
A. J. LEACH .
February, 1892.
107354
CHRONOLOGICAL TABLE
ORDINANCES OR PARTS OF ORDINANCES
IX
Vol . II .
NO. AND YEAR. SUBJECT. Page .
No. 3 of 1879 , Naval Yard Police, 603
No. 1 of 1881 , Macao Extradition, 603
No. 2 of 1881 , Census, 615
1
No. 3 of 1881 , , Penal Ordinances Amendment, (Whipping ),...... 616
No. 14 of 1881 , Companies, 617
No. 8 of 1882, Banishment and Conditional Parious, 618
No. 9 of 1882, Bankruptcy ( Official Assignee ), . 620 *
No. 18 of 1882 , Volunteers. 621
No. 20 of 1882 , Vacation of Ofices , . 622
No. 22 of 1882, Supreme Court ( Bailiffs ), 623
No. 1 of 1883 , Distraints for Rent, 626
No. 6 of 1883, Tramways, 636
No. 6 of 1884 , Medical Registration , 695
See
No, 13 of 1884 , Barristers and Attornies, (Provision for ), ... Jppendix .
No. 17 of 1881 , Sheriff's Duties, .... 700
No. 18 of 1884, Johnson's Piers and Wharves, 701
No. 19 of 1884, Chater's Piers and Wharves, 7707
No. 7 of 1985 , Unclaimeil Balances, 715
No. 8 of 1885, Weights and Measures, 718
No. 9 of 1885, Bills of Exchange, 721
Repealed .
VI CHRONOLOGICAL TADLE OF ORDINANCES, Continued .
NO , AND YEAR . SUBJECT. Page .
1
|
1
No. 10 of 1885, Incorporation of the Roman Catholic Church, ...... 754
No. 12 of 188.5, Married Women's Disposition of Property ,.... 755
No. 15 of 1885 , Preservation of Wild Birds and Game, 758
No. 18 of 1885, Prison, 759
No. 1 of 1886, Payment of small sums due to the estates of deceased Civil
Servants, ...... 796
No. 2 of 1886 , Apportionment of Rents, & c., ... 796
No. 3 of 1886, | Larceny and Embezzlement Amendment, 798
No. 4 of 1886, Infants Custody, 799
No. 5 of 1886 , Sales of Reversions, ..... 799
No. 6 of 1886, Printers and Publishers, 800
No. 7 of 1886, Usury Laws Repeal,....... 807
No. 10 of 1886, Widows and Children Relief, ( Intestacy ), ... 808
No. 11 of 1886, Loan, (Publie ), 809
No. 12 of 1886,, Bills of Sale,............... 811
No. 13 of 1886, Sales of Land by Auction , 822
No. 14 of 1886, | Incorporation of Dominican Mission), .... 823
No. 15 of 1886, Peace Preservation , 825
No. 16 of 1886 , Stamps, .... 830
No. 18 of 1886, Liquor Sale on Board of Ship, 811
No. 19 of 1886, Reformatory Schools, 845
No. 21 of 1886, Spirit Licences,..... 853
No. 26 of 1886, Legislative Council Witnesses, (Oaths and Attendance), 869
No. 27 of 1886, Appointment of Commissioners and their Powers, 870
No. 28 of 1896, Wills Act Amendment, 872
No. 29 of 1886, Bills of Lading, 874
No. 30 of 1886, Companies ( Amendment ), 875
CHRONOLOGICAL TABLE OF ORDINANCES , - Continued. VIL
NO . AND YEAR. SUBJECT . Page.
No. 31 of 1886, Statute Law Preservation , 895
No. 1 of 1887 , Post Office, 896
No. 5 of 1887, Defamation and Libel, .. 909
No. 8 of 1887, Triad and Unlawful Societies, (Suppression),.. 914
No. 10 of 1887, Transportation and Penal Servitude Abolition , 916
No. 11 of 1887 , Prevention of Crime, 917
No, 14 of 1887, | Police Force Consolidation , 922
No. 15 of 1887, Hongkong & Shanghai Bank, ( Continuation ), ... 935
No. 16 of 1887, Whipping ,...... 936
No. 17 of 1887, Cattle Diseases, Slaughter -Houses and Markets, 937
No. 18 of 1887, Jury Consolidation, ..... 951
No. 19 of 1887, The Rhenish Mission, ( Incorporation ),) 959
No. 21 of 1887, Licensing Consolidation, ..... 961
No. 22 of 1887, Opium (Raw ), 968
No. 24 of 1887, Public Health, 976
No. 2 of 1888, Defences Sketching Prevention ....... 1013
No. 4 of 1888, Enclosure of Verandahs over Crown Lands, ... 1014
No. 5 of 1888, Official Signatures Fees, ..... 1015
No. 10 of 1888, Registration of Books, ........ 1015
No. 11 of 1888, Unclaimed Balances of Estates, 1018
No. 12 of 1888, | Vagrancy, .. 1023
No. 13 of 1888, Regulation of Chinese,... 1028
No. 14 of 1888 , Trees Preservation , 1039
No. 15 of 1888, Rating , 1039
No. 16 of 1888, | European District Reservation, 1051
No. 17 of 1889, Coroner's Abolition ........... 1057
No. 23 of 1898, Fire Enquiry, 1061
VIII CHRONOLOGICAL TABLE OF ORDINANCES , - Continued .
NO . AND YEAR . SUBJECT . PAGE .
No. 1 of 1889, Chinese Emigration Consolidation ,... 1062
No. 2 of 1889 , Law of Evidence Consolidation , 1094
No. 3 of 1889, Compensation to Families of Persons Killed by Accident, 1113
No. 7 of 1889 , Coroner's Abolition, (Supplemental),.............. 1115
No. 10 of 1889, Reformatory Schools Amendment, ... 1115
No. 11 of 1889, Stone Cutters' Island, 1116
No. 12 of 1889, Incorporation of Berlin Ladies' Mission , 1118
No. 13 of 1889, Prison Amendment, . 1119
No. 15 of 1889, Buildings, 1120
No. 16 of 1889, Praya Reclamation, 1144
No. 23 of 1889, Crown Lands Resumption, 1151
No. 25 of 1889, Chinese Emigration (Emigration Abuse ), 1155
No. 26 of 1889, Chinese Criminals Extradition, 1156
No. 30 of 1889, Criminal Lunatics, (Expenses ), 1165
No. 1 of 1890, Public Health -- Additional Member on Sanitary Board, ... 1166
No. 3 of 1890, Incorporation of Missions Etrangères, 1166
No. 4 of 1890, Public Health- (Cemeteries ), ..... 1168
No. 5 of 1890, Vaccination , ... 1169
No. 6 of 1890 , Patents- (Amendment), 1171
No. 7 of 1890, Falsification of Accounts, 1174
No. 10 of 1890, Magistrates, ... 1175
No. 11 of 1890, Women and Girls' Protection , 1281
No. 13 of 1890, Official Administrator, (Devolution of Title ) 1295
No. 15 of 1890, Merchandise Marks, ( Fraudulent Marks),....... 1295
No. 16 of 1890, Waterworks Water Snpply, 1309
No. 22 of 1890, Chinese Emigration-- Amendment, 1322
No. 23 of 1890, Cattle Diseases, Slaughter-Houses and Markets - Amendment,. 1322
Cronological TABLE OF ORDINANCES ,- Continued . IX
NO . AND YEAR. SUBJECT. PAGE.
No. 25 of 1890, Companies ( Alteration of Memorandum of Association ),........ 1:323
No. 26 of 1890, Public Health ( Delegation of Powers by Sanitary Board),...... 1325
No. 27 of 1890, Squatters, ... 1326
No. 30 of 1890 , Widows' and Orphans' Pensions Fund , .... 1329
1
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NAVAL YARD POLICE FORCE. [ 3 OF 1879. ] 603
MACAO EXTRADITION . 1 OF 1881. ]
No. 3 OF 1879.
1
An Ordinance to extend Ordinance No. 1 of 1875 to Title.
provide means for enforcing good order and disci
pline in the Police Force employed in the Royal
Naval Yard to the other Establishments of the Royal
Navy in this Colony.
[ 6th November, 1879. ]
HEREAS it is expedient to extend the provisions of Preamble.
6
W Ordinance No. 1 of 1875 for enforcing good order and
discipline in the Police Force employed in the Royal Naval
Yard to the other establishments of the Royal Navy in this
Colony :
1. From and after the coming into operation of this ordinance Provisions of
of 1875, 1
the provisions of Ordinance No. 1 of 1875 shall not be confined ordinance
to the Police Force employed in the Royal NavalYard at Hong- allextended
naval
to
kong, but shall be extended to the Police Force employed on the establish
mentsinonthis
inessuages, lands, teneinents, hereditaments, erections, buildings shore
and property, or any or either of such lands, tenements, heredit- Colony
aments, erections, buildings and property now vested or here
after to become vested in the Lord High Admiral of the United
Kingdom of Great Britain and Ireland or the Commissioners
for executing the office of Lord High Admiral aforesaid under
* *
the provisions of Ordinance No. 3 of 1863 ,
No. 1 OF 1881 .
An Ordinance entitled “ The Macao Extradition Ordi- Title.
nance , 1881,"
[ 14th March, 1881. ]
HEREAS persons who have committed certain crimes Preamble.
W within the territory of Macao may escape to this Colony .
and it is expedient to provide for the apprehension of such
fugitives from justice and for their surrender to the Government
of Macao in order that they may be dealt with according to
law :
1. This ordinance may be cited as “ The Macao Extradition Short title.
Ordinance, 1881.”
2. In the interpretation of this ordinance, the expression Ir.te preti
" Governor of Macao " shall include the person for the time tion.
being administering the Government of Macao.
604 [ 1 OF 1881. ] MACAO EXTRADITION.
The expression " territory of Macao ” shall extend to any
place within the jurisdiction of the Government of
Macao, and shall include the high seas.
)
The expression “Superintendent of the Gaol ” shall mean
the Superintendent of Victoria Gaol or the keeper of
any prison or place of custody for criminals within
this Colony
Upon requisi.
tion the
3. In case requisition is at any time made by the Governor
Governor may of Macao to the Governor of the Colony to deliver up to justice
issue warrant any person who, being accused or convicted of any of the crimes
Magistrate. and offences specified in the first schedule of this ordinance, and
alleged to have been committed either before or after the passing
of this ordinance within the territory of Macao, has taken refuge
within this Colony , the Governor of this Colony may, if he in
his discretion thinks fit, by warrant under his hand and seal
signify that such requisition has been made, and require the
Police Magistrates to govern themselves accordingly and to aid
in apprehending the person so accused or convicted, and here
inafter referred to as the fugitive.
Warrant or 4. Upon the issue of such warrant any Police Magistrate
order of
Magistrates. may issue his warrant for the apprehension of the fugitive, and
if he be already in custody , issue an order to the Superintendent
of the Gaol forthwith to bring the fugitive before him to be
dealt with in manner hereinafter provided .
Proceedings
before the
5. If the fugitive be apprehended , or if he be already in
Magistrate. custody, he shall be brought forthwith before the Magistrate,
and the following conditions and regulations shall be complied
with :
Production of 1. There must be the production before the Magistrate of
Warrant of
arrest. a valid warrant of arrest issued by a Judge or other
competent Magistrate having authority within the
territory of Macao to take cognizance of the crime
charged, and clearly setting forth such crime.
Evidence in
case of person 2. In the case of aa person accused but not convicted , such
accused . evidence shall be produced to the Magistrate as would
in his opinion justify the apprehension of the fugitive
if the crime of which he is accused had been committed
within the jurisdiction of this Colony, with this
qualification,that copies of depositions signed or
taken before any such Judge or other competent
Magistrate as aforesaid and authenticated in manner
hereinafter provided may. be received in evidence of
the criminality of the fugitive.
MACAO EXTRADITION . [ 1 of 1881. ) 605
3. In the case of a person convicted , a copy of the convic- Evidence in
>
tion, authenticated in manner hereinafter provided, person con
shall be produced : But if it should appear that the victed.
conviction was pronounced in the absence of the
accused for contumacy in not having surrendered to
take his trial , the same evidence shall be produced to
the Magistrate as in the case of a person accused but
not convicted .
4. In every case proof of theidentity of the fugitive must identity,
Proof of
be given to the satisfaction of the Magistrate.
Authentica
5. Warrants of arrest and copies of depositions, signed or tion of docu
taken before any such Judge or other competent ments.
Magistrate, as aforesaid, andcopies of convictions,
shall be received in evidence, if the warrant of arrest
purports to be signed by such Judge or Magistrate
and if the copies of depositions pỊirport to be certified
under the band of such Judge or Magistrate to be
true copies of the original depositions, and if the copy
of the conviction purport to be certified under the
hand of the Judge of the Court by which the fugitive
was convicted to be a true copy of the original convic
tion . The signature ofevery such Judge or Magistrate
and his authority to take cognizance of the crime or
offence charged, shall be sufficiently proved if the
document purport to be sealed with the official seal of
the Governor of Macao, and all Courts of Justice in
this Colony shall, for the purpose of this ordinance ,
take judicial notice of such seal , and shall admit the
documents so authenticated by it to be received in
evidence without further proof.
6. The original warrant of arrest and the copy of the Documents to
depositions, or, as the case may be, the copy of the beread to the
conviction , shall be read to the fugitive, and he shall must be askerl
be asked if he has any valid cause to show why he to show cause.
should not be committed to gaol to await the order of
the Governor in Council .
6. If the fugitive fails to show cause to the satisfaction of the Committal.
Magistrate why he should not be committed, and if the Mayis
trate is of opinion that there is sufficient primâ facie evidence
to establish the criminality of the fugitive, he shall commit him
to gaol , there to await the order of the Governor in Council :
provided that before any such committal, the Magistrate shall Proviso as to
inform the fugitive that a period of fifteen days will be allowed appeal
writ of and
habeas
him to appeal to the Supreme Court if he shall think fit, under corpus.
section 7, or to apply for a writ of habeas corpus.
606 ( 1 of 1881. ] MACAO EXTRADITION .
Appeals to
Supreme
7. Ordinance 4 of 1858 * as to appeals from the decisions of
Court, Magistrates shall not apply to proceedings under this ordinance ,
( * Repealed .] but the following rules as to appeals shall be observed , that is
to say :
Appeal from
order of 1. If the fugitive desires to appeal to the Supreme Court
committal . against a Magistrate's order of committal and notifies
such desire to the Magistrate at any time before the
expiration of fifteen days from the date of such order ;
or if the Attorney General desires to appeal to the
Appeal from Supreme Court against a Magistrate's order of dis
order of
discharge. charge of a fugitive and notifies such desires to the
Magistrate at any time before the actual discharge of
the fugitive, the Magistrate shall, subject to the
provision in rule 3 hereinafter contained, grant such
Transmission
of depositions ,
appeal and transmit forthwith to the Registrar of the
& c. Supreme Court the depositions and all other docu
ments relating to the case, together with any state
ment in writing which he may think fit to annex in
relation thereto .
Fugitive to 2. If the appeal is by the Attorney General against an
remain in
custody. order of discharge, such order shall be suspended until
the conclusion of the appeal, and the fugitive shall be
detained in custody until further order of the Magis
trate, or of the Supreme Court. 2
Frivolous
appeal by
3. If the appeal is by a fugitive against an order of
fugitive.
committal and the Magistrate has reason to believe
that the appeal is merely frivolous, he may refuse to
grant the same.
Petition for
order of
4. In case the Magistrate refuses to grant an appeal to a
appcal. fugitive on the ground that the same is frivolous ,
the Supreme Court may, if it thinks fit, upon the
fugitive's petition in writing, setting forth the grounds
of appeal, make an order directing the Magistrate to
grant the appeal.
Notices to
Crown
5. The Magistrate shall cause notice of his intention to
Solicitor. discharge a fugitive ( otherwise than in pursuance of
any decision of the Supreme Court), and also of any
appeal by аa fugitive against his committal, to be served
upon the Crown Solicitor, and no fugitive shall be
discharged by a Magistrate ( otherwise than aforesaid ),
unless the Attorney General has had an opportunity
of being licard in opposition thereto , and of giving
notice of appeal.
Proceedings 6. Every appeal under this ordinance may be heard in
on appeal,
vacation and cither in Court or in Chambers, and shall
MACAO EXTRADITIOX . [ 1 of 1881. ] 607
be set down for hearing on such early day and at such
hour as the Chief Justice appoints, notice whereof
shall be given in writing by the Registrar to the Su
perintendent of the Gaol, who shall on the day and
hour appointed bring the fugitive before the Chief
Justice ; and on the hearing of the appeal the Chief
Justice may ; if he thinks fit , receive any new evidence
and may either affirm or reverse the decision of the
Magistrate according as he is of opinion that there is,
or is not, sufficient primâ facie evidence of the crimin
ality of the fugitive or that the conditions and regu
lations of section 5 have or have not, been complied
with , and may order the fugitive to be committed to
gaol or to be discharged , as the case may be, or make
any other order with respect to the said matter as may
be requisite to the due adjudication thereof.
8. The Magistrate before whom a fugitive is brought under Magistrate's
this ordinance shall, at the conclusion of the case, send a report report to .
thereon to the Governor.
9. It shall be lawful for the Governor in Council, if in the extradit
Grant ofion
discretion of the Governor in Council it seems fit, after the ex warrant.
piration of fifteen days from the date of the committal of a
fugitive by a Magistrate or, in case of any proceeding by appeal
or writ of habeas corpus, then subject to the decision of the
Supreme Court thereon, and subject also to the provisions of
sections 10 and 11 hereinafter contained, by order directed to
the Superintendent of the Gaol and hereinafter called an “ Ex
tradition Order” to order the fugitive so committed to be de
livered to such person as shall by warrant under the hand and
seal of the Governor of Macao be authorized to receive him , and Custody and
such fugitive shall be delivered up accordingly ; and the person fugitives
surrender of
authorized as aforesaid may bold such fugitive in custody, and
convey bim to any place within the territory of Macao, and if
such fugitive escapes out of any custody to which he is com- Provision as
mitted or to which he is delivered as aforesaid, it shall be lawful to escape.
to retake him in the same manner as any person accused of any
felony committed within this Colony may be retaken upon an
escape: provided that in every case where before the expiration
of the said period of fifteen days the order of committal has been
affirmed on appealor the fugitive has applied for a writ of habeas
corpus, and has failed on the return thereof to obtain his dis
charge, it shall be lawful for the Governor in Council in such
discretion and subject as aforesaid , to grant an extradition order
without further delay.
10. No extradition order shall be granted by the Governor Political
in Council in any case where in the opinion of the Governor in offences.
608
[ 1 of 1881.] MACAO EXTRADITION .
Council the requisition for the extradition of the fugitive has
been made for political reasons or a political offence is involved
in the crime charged ; but it shall not be open to the fugitive
to claim his discharge from custody on such ground before any
Judge or Magistrate, and any attempt against the life of the
Governor or of any public officer or member of the Government
of Macao shall not be deemed a political offence.
Where
fugitive is 11. No extradition order shall be granted by the Governor in
undergoing Council in respect of any fugitive who is undergoing any sen
sentence in tence of imprisonment pronounced by any of the Courts of this
this Colony.
Colony, or who is charged with any crime or offence cognizable
by the said Courts, until the expiration or previous determina
tion of such sentence or of any sentence which may be pro
nounced upon his trial for such crime or offence, or until his
acquittal or the abandonment of such charge.
The Governor
may issue 12. The Governor in Council may at any time issue an order
order of
release.
directed to the Superintendent of the Gaol for the release of any
fugitive in custody under this ordinance in respect of whom the
Governor in Council does not think fit to issue an extradition
warrant, and thereupon such fugitive shall be forthwith dis
charged from such custody.
Fugitive may 13. Where any fugitive who has been committed under this
apply to the
Supreme ordinance is not delivered up pursuant thereto, and conveyed
Court for his out of this Colony within one month after the date of such
committal,
not delivered made the Chief Justice may at any time, upon application
up within a to him by or on behalf of the fugitive, and upon its being
certain time.
proved to his satisfaction that reasonable notice of the intention
Notice to be
given to the
to make such application has been given to the Crown Solicitor,
Crown
Solicitor.
order the fugitive so committed to be discharged out of custody,
unless sufficient cause is shown to him why such discharge
ought not to be ordered : provided that in every case where
such fugitive bas appealed to the Supreme Court or has applied
for a writ of habeas corpus the said period of one inonth shall
be computed from the date of the decision of the Supreme
Court upon such proceeding, and in every case within section
11 the said period shall be computed from the date of the ex
piration of the fugitive's sentence or of his acquittal or of the
abandonment of the charge as therein mentioned.
Power to add 14. The Governor in Council may, from time to time, by
to the
dule of crimes order to be published in the Gazette, declare that any crime or
and offences. offence specified in such order, and not included in the first
schedule hereto, shall form part thereof, and from and after the
date of the publication of such order, the several crimes and
offences specified therein shall come within the operation of this
ordinance as if the same had been originally included in the
said schedule.
MACAO EXTRADITION . 609
[ 1 of 1881. ]
15. The Governor in Council may at any time by order to Power to ex
be published in the Gazette, declare that any crime or offence crime
pungeorany
specified in the first schedule hereto, or which may hereafter schedule.
offence from
be added to the said schedule as hereinbefore provided, shall no
longer form part thereof, and from and after the date of the
publication of such order, such crime or offence shall cease to
come within the operation of this ordinance.
16. All expenses incident to the apprehension, detention, Expenses of
maintenance, and delivery of a fugitive under this ordinance, extralition,
shall be borne by this Colony.
17. If any action be brought against a Magistrate, gaoler, Magistrate,
Protection to
officer of Police, or any otherperson for anything done in obe- gaoler,& c.,
dience to any warrant or order issued under the provisions of acting under
this ordinance, the proof of such warrant or order shall be a
sufficient answer to such action , and the defendant or defendants
on such proof as aforesaid shall be entitled to a verdict or judg
ment in his or their favour, and shall also be entitled to his or
their full costs of suit .
18. The forms given in the second schedule to this ordinance second
Forms insched .
or forms to the like effect, with such variations and additions as ule may be
circumstances require, may be used for the purposes therein indi- used .
cated , and instruments in those forms shall (as regards the
form thereof) be valid and sufficient.
Proviso as to
19. In case the Governor in Council shall deem it expedient repeal or
that this ordinance or any part thereof should be repealed, or suspension of
the operation thereof suspended for any period, it shall be law. ofordinan ce, or
any part
ful for the Governor of this Colony by proclamation in the thercof.
Gazette, to declare that this ordinance or any part thereof shall
be suspended in its operation for any period, or that the same
is repealed , and from the date of the publication of such procla
mation in the Gazette, the said ordinance or such part thereof
as may be specified in the proclamation shall be deemed to be
suspended or repealed accordingly .
FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES .
The following list of crimes and offences is to be construed according to
the law existing in the Colony of Hongkong at the date of the alleged crime
or offence, whether by common law or by imperial statute or local ordinance
made before or after the passing of this ordinance.
Murder, and attempt and conspiracy to murder.
Manslaughter.
Wounding with intent to do grievous bodily harm .
Counterfeiting and altering money and uttering counterfeit or altered money.
610 [ 1 or 1881. ] MACAO EXTRADITION .
Forgery, counterfeiting, and altering, and uttering what is forged or coun
terfeited or altereil .
Embezzlement and larceny.
Unlawfully receiving stolen property.
Obtaining money or goods by false pretences.
Crimes by bankrupts against bankruptcy law .
l'rand by a bailee, banker, agent, factor, trustee, or director, or member, or
public officer of any company made criminal by any law for the time being
in force.
Rape.
A bduction, or forcible taking or detention .
Child - stealing .
Burglary and house - breaking.
Arson .
Robbery with violence.
Threats by letter or otherwise with intent to extort.
Piracy by law of nations, or municipal law .
Sinking or destroying a vessel at sea, or attempting or conspiring to do so.
Assaults on board a ship on the high seas with intent to destroy life or to
do grievous bodily harm .
Revolt or conspiracy to revolt by two or more persons on board a ship on
the high seas against the authority of the master.
Desertion from the naval, military or police force.
SECOND SCHEDULE .
FORMS.
1.
( Governor's warrant to Magistrates .)
“ THE MACAO EXTRADITION ORDINANCE, 1881."
By Ilis Excellency
Governor and Commander - in -Chief of
this Colony and its dependencies.
To ........
Police Magistrates.
Whereas requisition has been duly made to me pursuant to the above ordi
nance for the surrender of one now in this Colony, charged
with having committed the crime of within the territory of
Macao and with being a fugitive from justice ;
You are hereby required to govern yourselves accordingly, and to aid in
apprehending the said fugitive and in committing him to gaol for the purpose
of his being delivered up to justice according to the provisions of the said
ordinance, and for so doing this shall be your warrant.
Given under my hand and seal at Victoria , Hongkong, this day of
18
L.S.
Governor, &c.
By order,
Colonial Secretary.
MACAO EXTRADITION . [ 1 OF 1881. ] 611
2.
( Warrant of apprehension .)
“ The Macao EXTRADITION ORDINANCE, 1881."
to wit . } To all and each of the constables of the Hongkong Police Force.
Hongkong
Whereas His Excellency
Governor and Commander- in - Chief of this Colony
and its dependencies, by warrant under his hand and seal has signified that
pursuant to the above ordinance, requisition has been duly made to him for
delivering up to justice one now in this Colony, charged
with having committed the crime of within the territory
of Macao and with being a fugitiv e from justice, and has required the Police
Magistrates to govern themselves accordingly and to aid in apprehending the
said fugitive ;
This is therefore to command you in Her Majesty's name forth with to
apprehend the said fugitive pursuant to the said ordinance wherever he may
be found in this Colony and bring him before me or any other Police Magis
trate sitting in this Court to answer unto the said charge, and for which this
shall be your warrant.
Given under my hand and seal at the Magistrates' Court of this Colony,
this day of in the year of our Lord , 18 .
L.S.
Police Magistrate.
3.
( Order to Superintendent of gaol to bring up prisoner .)
" The Macao EXTRADITION ORDINANCE, 1881. "
To the Superintendent of Victoria Gaol.
Whereas His Excellency
Governor and Commander -in -Chief of this Colony
and its dependencies, by warrant.under his hand and seal has signified that
pursuant to the above ordinance, requisition has been duly made to him for
delivering up to justice, one
charged with having committed the crime of
within the territory of Macao and with being a fugitive from justice, and has
directed the Police Magistrates to govern themselves accordingly for the
purpose of such fugitive being delivered up to justice under the provisions
of the said ordinance ;
And whereas the said fugitive is now detained in Victoria Gaol under
your custody ;
You are hereby ordered to bring up the said
forthwith before me or any other Police Magis
trate sitting in this Court to be dealt with as provided by law.
Given under my hand and seal, this day of 18 at
the Magistrates' Court of this Colony.
L.S.
Pulice Magistrate.
612 [ 1 of 1881. ] MACAO EXTRADITION ,
4.
( Warrant of Committal. )
“ THE MACAO EXTRADITION ORDINANCE, 1881."
Hongkong
to wit. } .one
To
of the constables of the Hongkong Police Force, and to the
Superintendent of Victoria Gaol .
Wbereas on the day of in the year of our Lord 18
late of
was brought before me
one of the Police Magistrates sitting at the Magis
trates' Court of this Colony, charged with having committed on the
day of 18 , within the territory of Macao, the crime of
and with being a fugitive from justice ;
And whereas the evidence which has been shown to me of the criminality
of the said
is, in my opinion, sufficient to justify his committal to gaol, pursuant to
section 6 of the above ordinance ;
This is therefore to command you the said constable in Her Majesty's
name forthwith to convey and deliver the body of the said
into the custody of the said Superintendent of Victoria Gaol ; and
you the said Superintendent to receive the said
into your custody in the said gaol and him there safely to keep
until he shall be thence delivered , pursuant to the provisions of the said
ordinance, for which this shall be your warrant.
Given under my hand and seal at Hongkong, this day of
in the year of our Lord, 18
L.S.
Police Magistrate.
5.
( Petition of fuyitire for order of appeal. )
“ The MacAO EXTRADITION ORDINANCE, 1881."
To the Honourable
Chief Justice.
The humble petition of
a prisoner in Victoria Gaol,
Showeth :
1. That your petitioner was on the day of instant (or last ]
committed to gaol by A.B., Esquire, Police Magistrate , as a fugitive
from justice, there to a wait the order of His Excellency the Governor,
under the provisions of the above ordinance.
2. That your petitioner has been advised (or believes ] that the said order of
committal ought to be reversed on the following grounds, that is to say :
[ State Grounds. ]
3. That your petitioner has given notice to the Magistrate of his desire to
appeal against the said order, but the Magistrate bas refused to grant
the said appeal .
Your petitioner therefore humbly prays that this Honourable Court
will be pleased to order that the said appeal be granted.
And your petitioner will ever pray, lic ., &c .
MACAO EXTRADITION . of 1887. ] 613
[ 1 OF
6.
( Notices to the Crown Solicitor of the fugitire's appeal or of the
Magistrate's intention to discharge the fugitive.)
“ The MacAO EXTRADITION ORDINANCE, 1881. "
To A. B., Esquire,
Crown Solicitor.
Whéreas one has been brought before A. B. ,
Esquire, one of the Police Magistrates, charged with having on the
day of committed the crime of within the
territory of Macao and with being a fugitive from justice ;
And whereas the evidence which has been shown to the said Magistrate of
the criminality of the said
is not, in his opinion, sufficient to justify his committal to gaol under the
provisions of the above-mentioned ordinance ;
And whereas by reason thereof, the said Magistrate intends to make an
order for his discharge on next, the day of at the hour of
[ or ]
And whereas the said Magistrate has ordered the committal of the said
fugitive to gaol under the provisions of the above -mentioned ordinance ;
And whereas the said fugitive has appealed against the said order of
committal ;
This is therefore to give you notice of such intended order ( or appeal]
pursuant to section 7 of the said ordinance.
Magistrate's Clerk.
Dated the day of 18
7.
(Magistrate's Order of Discharge .)
* THE MACAO EXTRADITION ORDINANCE ."
Hongkong To
to wit. } Superintendent of Victoria Gaol.
Whereas on the day (or days ] of in the year of our
Lord 18 > One late of was brought
before me one of the Police Magistrates sitting at the
Magistrates' Court of this Colony, charged with having committed on the
day of 18 within the territory of Macao, the
crime of and with being a fugitive from justice ;
And whereas the evidence which has been shown to me of tlie criminality
of the said is not, in my opinion, sufficient to justify his committal
to gaol, pursuant to section 6 of the above ordinance ;
You are hereby ordered to discharge the said from your custody in
the said gaol under the said ordinance, for which this shall be your warrant.
Given under my hand at Hongkong, this day of in the
year of our Lord 18
L.S.
Police Magistrate.
614 [ 1 OF 1881. ] MACAO EXTRADITION .
8.
( Extradition Order of Governor in Council .)
66
" The Macao EXTRADITION ORDINANCE, 1881."
( Order by the Governor in Council.)
To the Superintendent of Victoria Gaol.
Whereas on the day of 18 > one was
committed to gaol as a fugitive under the provisions of the above ordinance ;
And whereas the said is now in Victoria gaol in your custody
under the said committal ;
And whereas it has been determined that the said fugitive shall be surrend
ered to the Government of Macao ;
You are hereby ordered to deliver the said unto being
the person duly authorized by the Government of Macao to receive the said
fugitive and to convey him within the territory of Macao, and for so doing
this shall be your warrant.
Approved in Council.
Governor, & c.
Clerk of Councils.
9.
( Governor's order of release.)
“ Tue Macao Extradition ORDINANCE , 1881."
By His Excellency Governor and
Commander -in -Chief of this Colony and its dependencies.
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive under the
provisions of the above ordinance ;
And whereas it has been determined that no extradition order shall be
granted in respect of the said fugitive ;
You are hereby ordered to release the said from custody under the
said ordinance ,
Given under my band at Victoria, Hongkong, this day of
18
L.S.
Gorernor, & c.
By order,
Colonial Secretary.
CENSUS . [ 2 of 1881. ) 615
No. 2 OF 1881 .
An Ordinance entitled “ The Census Ordinance, 1881."
[ 14th March , 1881. ]
WHEHEREAS
RfromE timeit istoexpedient to make provision
time, the census of the
for taking,
Colony of
Hongkong :
1. The Governor in Council may authorize and direct a census The Governor
to be taken of the inhabitants of the Colony at snch times as he census
mendimet
thinks fit, and may, from time to time,appoint and remove such appoint and
remove
officers as may be necessary for the purpose. officers.
Notice of the intention to take such census, and of the date Proviso.
of such intended taking, shall be published in the Gazette at
least ten day's previously.
2. The officers appointed to take the census shall, in accord- mak
Officers to
e neces
ance with the instructions of the Governor, make such arrange sary arrange
ments as may be necessary for the purpose . ments .
3. Schedules shall be prepared under the direction of the schedules to
Governor, for the purpose of being filled up by or on behalf of be prepareil.
the several occupiers of every dwelling-house or place of
residence in the Colony, and by or on behalf of the persons on
board every vessel in the waters of the Colony, with such
particulars as to the Governor in Council may seem fit.
4. The Governor in Council may , from time to time, make, Regulations.
and when made, revoke, add to, and alter regulations for carrying
out this ordinance, and all such regulations, revocations,
additions and alterations shall be published in the Gazette, and
shall be posted in such places and in such languages as the
Governor in Council may direct..
5. The master or keeperofevery school,gaol,prison, hospital, Inmatesof
,
or public or charitable institution, and the manager of every tals, &c., how
dock, factory, or place employing over twenty persons, and the enumerated.
proprietor or manager of every hotel, and the master 'or person
in charge of every vessel lying within the waters of this Colony,
shall be the enumerators of the inmates thereof or the persons
residing therein .
6. All officers appointed under this ordinance may ask all Enumerators
such questions as are necessary for obtaining the information may ask
. ques
required under this ordinance.
7. Any person who, without lawful excuse, wilfully refuses Offences.
or neglects to fill up and sign according to the truth of the
case, or to alter or amend in any particular, if required to do so
by the enumerator, any schedule so left at his house or place of
residence ; or to deliver the same to the enumerator or other
616 [ 2 & 3 OF 1881.] CENSUS . — PENAL ORDINANCES AMENDMENT.
officer when required to do so ; or to furnish information to any 1
enumerator, or to permit any enumerator to obtain information
on board his vessel ; or to answer any such question as aforesaid
put to him by any enumerator or other officer, shall, on
conviction before a Magistrate, be liable to a fine not exceeding
twenty -five dollars ; and any person who wilfully makes, signs,
or delivers, or causes to be made, signed, or delivered, any
false return as to any of the matters specified in this ordinance ;
or who wilfully obstructs any enumerator or person engaged in
the execution of duties required of them under this ordinance,
shall, on summary conviction before a Magistrate, be liable to
a fine not exceeding one hundred dollars.
Any enumerator appointed under this ordinance who know
ingly makes a false return of any of the matters specified herein ,
shall be liable , on conviction before a Magistrate, to a fine not
exceeding five hundred dollars.
Fines imposed under this section shall be recoverable in the
same way as fines imposed on convictions under Ordinance 16
of 1875 .
Payment of 8. The Governor in Council shall award such remuneration
officers,
as he thinks fit to officers and enumerators appointed under
this ordinance.
No. 3 OF 1881 .
Title, An Ordinance entitled “ The Penal Ordinances amend
ment Ordinance, 1881,”
[24th June, 1881. ]
Preamble . HEREAS it is expedient to amend the penal laws in
W force in this Colony :
* *
*
-X
Flogging on
the back
3. It shall not be lawful to award any sentence of flogging
unlawful : on the back ; and every sentence of flogging or whipping shall
floggingrattan
to be provide that such flogging or whipping shall be inflicted with a
on the breech. rattan on the breech , and shall specify the number of strokes or
[ .V0.9 of lashes and shall further provide :-
1884. ]
(a.) Except in the case of a person under the age of 14 years
summarily convicted that the same shall be inflicted in
some prison, and
(6. ) In the case of a person under the age of 14 years sum
marily . convicted that the same hall be inflicted
privately.
COMPANIES. [ 14 or 1881. ] 617
No. 14 OF 1881 .
An Ordinance entitled the “ Companies Ordinance, ( See No.1of
1881." 1865 , Nos, 2
f: 3 of 1866,
NO. 1 of 1877,
[ 29th August, 1881. ] No. 3 of 1883,
* * *
No. 30 of 1886
**
& No. 25 of
1890.)
1. This ordinance shall not apply to banking companies. Ordinance
not to apply
to banks.
2. This ordinance shall so far as is consistent with the tenor Ordinance to
be construed
thereof be construed as one with the Companies Ordinance, 1865 ,
the Companies Ordinance, 1866 , and the Companies Ordinance, Companies
Ordinances
1877, and those ordinances together with this ordinance may 1865,1866and
1867 .
be referred to as the Companies Ordinances 1805 to 1881 .
3. Subject as in this orilinance mentioned any company Registration .
registered before or after the passing of this ordinance as an pany
anew of com
unlimited company may register under the Companies Ordi- lity:
limited liabi
nances 1865 to 1881 as a limited company , or any company
already registered as a limited company may re-register under
the provisions of this ordinance,
The registration of an unlimited company as a limited coin
pany in pursuance of this ordinance shall not affect or prejudice
any debts, liabilities, obligations or contracts incurred or entered
into by, to, with , or on behalf of such company, prior to such
registration as aforesaid, and such debts , liabilities, contracts
and obligations may be enforced in manner provided by the
Companies Ordinance, 1866, in the case of aa company register
ing in pursuance of that ordinance or otherwise .
4. An unlimited company may by the resolution passed by Reserve
the members when ussenting toregistration as a limited com- comp
capitalanyofhow
pany under the Companies Ordinances 1865 to 1880, and for provided .
the purpose of such registration or otherwise increase the nominal
amount of its capital by increasing the nominal amount of each
of its shares.
Provided that no part ofsuch increased capital shall be capable
of being called up, except in the event of and for the purposes
of the company being wound up.
And , in cases where no such increase of nominal capital may
be resolved upon, an unlimited company may, by such resolution
as aforesaid, provide that a portion of its uncalled capital shall
not be capable of being called up except in the event of and for
the purposes of the company being wound up..
A limited company may by a special resolution declare that
any portion of its capital which has not been already called up
shall not be capable of being called up except in the event of
618 [ 14 of 1881. ] COMPANIES.
[ 8 OF 1882. ] BANISHMENT AND CONDITIONAL PARDONS.
and for the purposes of the company being wound up, and there
upon such portion of capital shall not be capable of being called
up, except in the event of and for the purpose of the company
being wound up.
Application
of the
5. On the registration, in pursuance of this ordinance, of a
Companies coinpany which has been already registered, the Registrar shall
Ordinance
1865 , the
make provision for closing the former registration of the com
Companies pany, and may dispense with the delivery to him of copies of
Ordinance
any documents with copies of which he was furnished on the
1866 and the occasion of the registration of the company ; but, save as
Companies
Ordinance
1877 . aforesaid, the registration of such a company shall take place in
the same manner, and have the same effect as if it were the first
registration of that company under the Companies Ordinances
(*Sic:
*
1881. ]
query 1865 to 1880, * and as if the provisions of the ordinance under
which the company was previously registered and regulated
had been contained in different ordinances from those under
which the company is registered as a limited company.
Privileges of 6. A company authorized to register under this ordinance
available not. may register thereunder, and avail itself of the privileges con
withstanding
constitution
ferred by this ordinance, notwithstanding any provisions con
of Company. tained in any ordinance, deed of settlement , or contract of co
partnery, constituting or regulating the company.
No. 8 OF 1882 .
Title. An Ordinance entitled The Banishment and Conditional
Pardons Ordinance, 1882.
[ 1st March, 1882.]
* -> ***
Interpreta
tion clause .
1. In the construction of this ordinance, the expression " order
of banishment” means an order of the Governor in Council,
prohibiting a person from residing or being within this Colony,
for a term not exceeding five years
..
Security to
appear within
2. When any person not being a natural born or naturalized
twelve subject of Her Majesty having been convicted of any offence
months. punishable by imprisonment has within twelve months after
the expiration of any term of imprisonment which he may have
suffered for such offence been convicted of any offence punishable
by imprisonment such person may at any time be required by
any Magistrate to find reasonable security for his appearance in
any Court for any purpose , and at any time within twelve
months, and every adjudication to that effect shall be made in
BANISHMENT AND CONDITIONAL PARDONS . [ 8 of 1882. ] 619
open Court, and reported forthwith to the Governor ; and such
person not finding such security shall be deemed a person
dangerous to the peace of the Colony.
3. The Governor in Council may, by order, prohibit any power to
person not being a natural born or naturalized subject of Her banish
years. for five
Majesty from residing or being within this Colony during any
space of time not exceeding five years, and may by the same or
any subsequent order, fix the time for the departure of such
person from the Colony. Every order made under this section
prohibiting any person froin residing or being within this Colony
shall contain a statement of the grounds upon which it is made.
It shall be in the discretion of the Governor in Council to order 1885.
f.10. ]# of
that the person namel in any such order, be detained in custody of
the Police until he leares the Colony, and such person may thereupon
be arrested, and shall be deemed to be under lawful arrest until he
leaves the Colony or until the final departure from the Colony of
any vessel in which he leares .
4. Every person who has been prohibited by order of the Penalty for
Governor in Council from residing or being within this Colony disobedience
of order of
for any space of time not exceeding five years under the banishment.
provisions of this or any other ordinance, and who without
lawful authority or excuse , the proof of which shall lie upon
him , is in this Colony after the date of such order, or after the
time fixed for his departure, and before the expiration of the
term of his banishment, shall be guilty of a misdemeanor, and
upon conviction thereof shall be lĩable to imprisonment, with or
without hard labour, for any period not exceeding one year :
provided that in all cases in which the prisoner when brought
before a Magistrate upon such charge shall plead guilty thereto ,
it shall be lawful for the Magistrate to deal summarily with the
case, instead of committing the prisoner for trial at the Supreme
Court.
5. The Governor may in his discretion grant to any oftender Governor may
convicted of any crime a pardon subject to either of thefollowing grant
subject patroon
conditions, as the case may be , viz .: that such offender shall certain
conditions.
quit the Colony and not afterwards be found at large therein ;
or that such offender shall , in lieu of a sentence of death which
may have been passed upon himn by any Court of competent
jurisdiction, suffer such term of imprisonment, with or without
hard labour, or penal servitude, as the Governor may think tit.
6. If any offender to whom a pardon has been granted either Breach of
before or after the passing of this ordinance, on the condition of conditional
his quitting the Colony, be afterwards found at large therein
without lawful authority or excuse, the proof whereof shall lie
upon him , he shall be guilty of a felony or of a misdemeanor,
020 8 OF 1982 . BANISHMENT AND CONDITIONAL PARDONS,
( 9 of 1882.1 OFFICIAL ASSIGNEE IN BANKRUPTCY.
according to the nature of the offence for which he received
such conditional pardon, and shall, on conviction, be liable, to
any sentence not exceeding the whole of his originalor commuted
sentence, such sentence to commence froin the date at which
he is tried and convicted under this ordinance : provided that
in all cases in which the prisoner when brought before a
Magistrate upon such charge shall plead guilty thereto, it shall
be lawful for the Magistrate to deal summarily with the case,
and to remit him to gaol to undergo any sentence not exceeding
the whole of his original or commutedsentence, instead of
committing him for trial at the Supreme Court.
Power of
Governor to
7. If it appears fit to the Governor in Council, the Governor
issue new
order of
in Council may issue a new order of banishment against any
banishment. person who has been convicted of an offence against section 4
of this ordinance, and such order shall commence to take effect
during or at the expiration of any term of imprisonment to
which the prisoner has been sentenced.
Power to
binish for
8. If it appears fit to the Governor in Council, the Governor
offence in Council may issue an order of banishment against any person
against sec. 6. who has been convicted of an offence against section 6 of this
ordinance, and such order shall commence to take effect during
or at theexpiration of any term of imprisonment to which the
prisoner has been sentenced.
Harbouring 9. Any person who knowingly harbours or conceals in the
banished
persons. Colony of Hongkong , any person whose bauishment has been
ordered, shall , on conviction thereof before a Magistrate, be
liable to a fine not exceeding fifty dollars, or in default of
payment, to be imprisoned with or without hard labour, for any
term not exceeding six months.
*
Suspending 11. This ordinance shall not come into operation until Her
clanse.
Majesty's confirmation thereof is proclaimed by the Governor.
[ Confirmation proclaimed 7th July, 1882.]
No. 9 of 1882 .
Title.
An Ordinance entitled Bankruptcy Official Assignee
Ordinance, 1882.
[ 27th April, 1882. ]
Preamble.
HEREAS doubts have arisen as to the powers of the
WHEOfficial Assignee in bankruptcy to administer certain
bankruptcies in relation to which special appointments of
assignees were made under Ordinance 15 of 1867, and it is
* >
expedient to remove such doubts :
OFFICIAL ASSIGNEE IN BANKRUPTCY. [ 9 OF 1882. 621
VOLUNTEERS . [ 18 OF 1882.
The Official Assignee in bankruptcy under Ordinance 5 of Official As
1864 shall be deemed to be the Official Assignee in all bank- Ordinance
siglice under5
ruptcies pending at the time of the passing of this ordinance, Official
of 1864toAs
be
notwithstanding any special appointments of assignees that sigueein all
may have previously been made in relation to any of such bankruptcies.
bankruptcies under Ordinance 15 of 1867 , and shall in respect
of the collection and distribution of assets remaining uncollected
or undistributed have all the powers and duties of an Official
Assignee in bankruptcy, under Ordinance 5 of 1864 , in relation
to all such bankruptcies, as fully to all intents and purposes,
as if no special appointments had previously been made under
Ordinance 15 of 1867, and all property and effects and rights
and interests which at the time of thepassing of this ordinance
were vested in any persons specially appointed to be assignees
in any of such bankruptcies, under Ordinance 15 of 1867, shall
on the passing of this ordinance be divested out of such persons
and vest absolutely , by virtue thereof, in the said Official
Assignee, as fully and effectually to all intents and purposes
as if such persons had been appointed assignees under Ordi
nance 5 of 1864 and had died resigned or been removed from
such office.
No. 18 OF 1882.
An Ordinance entitled, “ The Volunteer Ordinance,
1882. "
[ 13th December, 1882. ]
* *
2. Such of the inhabitants of Hongkong as volunteer and . Formation of
offer themselves, and as the Governor approves of, may form corps.
themselves into a corps for the protection of the Colony of
Hongkong, to be called the “ Hongkong Volunteers," and shall
continue so formed during the pleasure of the Governor. Such
volunteers shall be instructed in the use of the rifle and in the
management of artillery, and be subject to drill accordingly.
3. The Governor may from time to time appoint and com- and Appointment
removal
mission fit persons to be officers of such corps,, and may from of officers.
time to time remove any person so appointed.
4. The commanding officer of the corps shall appoint the ofappointment
non
necessary non -commissioned officers. commissioned
officers .
5. The commanding officer of the corps shall, as soon as he Commanding
conveniently can do so, frame rules for regulating the period of fiflick
frame torules
1
6:22
( 18 & 20 or 1882. ] VOLUNTEERS . --VACATION OF OFFICES .
subject to enrolment, arms, dress, accoutrements and equipment of the
Governor's
approval. said corps and of the members thereof, the time and place of
drill and cxercise, and all matters relating to the enrolment,
efficiency, and discipline of the said corps and of the members
thereof , which rules may be enforced by fines for breach thereof,
not exceeding $ 50 for any one breach , to be recoverable and
enforced before and by a Police Magistrate; and may from
time to time alter and vary such rules.
All such rules and alterations of rules shall be submitted to
the Governor for confirmation , and when confirmed shall have
the same force for the regulation of the members of the said
Corps as if they had been inserted in and had formed part of
this ordinance.
Enrolment.
6. Every volunteer, being a Christian, upon being admitted
shall subscribe his name on the roll of the said corps, and
shall take before a Justice of the Peace or the commanding
officer, an oath according to the form following :
I , A.B., do promise and swear that I will be faithful and
bear true allegiance to Her Majesty Queen VictoRIA,
and that I will faithfully serve in the “ Volunteer
Force ” during the term of my enrolment: So help
me God .
And every volunteer, not being a Christian , sball before a
Justice of the Peace or the commanding officer make a decla
ration according to the form following :
I, A.B. , do solemnly, sincerely , and truly declare that I
9
will be faithful and bear true allegiance to Her Majesty
Queen VICTORIA , and that I will faithfully serve in
the “ Volunteer Force” during my term of enrolment.
The commanding officer for the time being shall have power
to administer oaths and take declarations for the purpose of
this ordinance.
No. 20 OF 1882 .
An Ordinance to provide for the vacation of offices,
and the determination of pensions and allowances held
by persons convicted of crime.
[13th December, 1882. ]
Persous
convicted of
1. If any person convicted within the jurisdiction of any of
crime to Her Majesty's Court, after the passing of this ordinance, of
forfeit office, treason or felony for which he shall be sentenced to death , or
pension, and
allowances. penal servitude, * or any term of imprisonment with hard labour,
[ " See No. 10
of 1887.]
VACATION OF OFFICES . [ 20 of 1882. 623
SUPREME COURT . [ 22 of 1882 .
or exceeding twelve months, shall at the time of such conviction
hold in this Colony any civil office under the Crown or other
public employment or place, or be entitled to any pension or
superannuation allowance payable by the public, or out of any
public fund, such office, employment, or place shall forthwith
become vacant , and such pension or superannuation allowance
shall forth with determine and cease to be payable, unless such
person shall receive a free pardon from Her Majesty, within
six months after such conviction, or before the filling up of
such office, employment, or place, if given at a later period ;
and such person shall become and (until he shall have suffered
the punishment to which he has been sentenced or such other
punishment as by competent authority may be substituted for
the same, or receive a free pardon from Her Majesty ) shall
continue thenceforth incapable of holding in this Colony any
civil office under the Crown or other public employment or
place .
No. 22 OF 1882.
An Ordinance to amend the Supreme Court Ordinance, (se No. 17 of
ISS .)
1873 .
[ 19th December, 1882. ]
HEREAS it is espedient to amend the Supreme Court Preamble.
W Ordinance, 1873 , and to make further provision for the
execution of the process of the Supreme Court ;
* * *
2. The Governor may from time to time appoint one or more Appointment
bailiff's of the Supreine Court, and may also from time to time of bailiffs and
approve of the appointment by any such bailiff of a deputy bailiffs.
bailiff. Each bailiff may, however, act as the deputy of another
and execute any process of the Court, although it may have
been directed personally to some other bailiff.
3. The Registrar shall direct the process of the Court to be Registrar may
executed by such of the bailiffs of the Court as he may from tiodirect
n ofexecu
time to time think fit. cess .
4. In case process may be awarded by the Court against any Process
officer of the Court, such process may be issued directed or officer
againstofanthe
executed by any other officer of the Court as the Court or a court.
Judge may direct.
SUPREME COURT .
621 [ 22 OF 1882. ]
Bailiff to 5. Each bailiff shall serve and execute all process of the
execute
process. Supreme Court under the directions of the Registrar, and make
a return of the same together with the manner of the execution
thereof to the Court , and shall arrest and convey to prison all
such persons as shall be committed to his custody by order of
the Court.
Bailiff pro
tected from
6. No suit shall be brought against a bailiff for anything
acts done by done or omitted to be done by him whilst acting under the
order.
directions in writing of the Registrar or of a Deputy Registrar
of the Court or in pursuance of any order made or given by
the Court or a Judge as hereinafter mentioned. Provided
always that such bailiff do not wilfully misrepresent, or suppress
any material fact in obtaining any such directions from the
Registrar or Deputy Registrus.
Registrar and 7. No suit shall be brought against the Registrar or any
Deputyobea
trar protected Deputy Registrar for any act done or omitted to be done by
from acts done any of the bailiffs or deputy bailiffs without directions from such
by order.
Registrar or Deputy Registrar, nor shall any suit be brought
against any Registrar or Deputy Registrar for any directions
given to a bailiff with regard to the execution or non -execution
of process if such directious shall be in accordance with an order
obtained from the Court or a Judge as hereinafter mentioned.
Provided always that no material fact be wilfully misrepresented
or suppressed by such Registrar or Deputy Registrar in
obtaining such order.
Registrar and 8. The Registrar or Deputy Registrar may in case of doubt
Deputy Regis.
trar may or difficulty apply. summarily to the Court or a Judge for an
apply for order for the direction and guidance of the bailiff, and the Court
order.
or Judge may make such order in the matter as may seem just
and reasonable.
Officers ille. 9. No officer of the Supreme Court shall directly or indirectly
ing demand. ask or receive any fee or gratuity, not authorized by law , in
Hally
respect of any of the duties of his office .
Offences by 10. If any officer of the Supreme Court acting under colour
Court. of the of the process of the Court is charged with misconduct or with
officers
any wrongful act or neglect in the discharge of the duties of
his office, the Court or Judge may enquire into the matter in a
summary way on such evidence as may appear reasonable, and
for that purpose may summon and enforce the attendance of all
necessary parties and witnesses in like manner as the atteudaoce
of witnesses in other cases may be enforced , and may make such
order for the payment of all damages and costs that may have
been caused by any such act or neglect as it or he thinks just,
and impose such fine upon the officer as it or he may deem
SUPREME COURT. [ 22 of 1882. ] 025
adequate ; and in default of payment of any money so ordered
to be paid, payment of the same may be enforced as a judgment
recovered in the Court. Provided always that this provision
shall not take away any right of action for damages against any
officer, but no action shall be commenced or continued for any
act or omission of such officer after the Court or a Judge has
ordered compensation to be pail in respect of it under this
section .
11. Whenever any suit shall be brought against any officer Costs in cases
against of the
of the Court for any act done or omitted to be done in the exe- officers
cution of his duties, and a verdict or judgment shall be given Court.
for the plaintiff in such suit, the plaintiff shall not have costs
against the defendant unless the Judge certifies his approval of
the suit and verdict or when the trial is hand without a jury of
the snit only. If a verdict or judgment is given for thedefend .
ant or the plaintiff becomes non -suited or discontinues the suit
after issue joined , or if on demurrer or otherwise judgment is
given against the plaintiff, the defendant shall recover his full
costs and shall have the like remedy for the same as any defend
ant has by law for costs in other cases .
12. No such suit shall be brought except within three months Limitation of
after the act of omission or commission complained of. Notice time, and
in writing of every such suit and of the cause thereof shall be procedure.
given to the intended defendant one month at least before the
commencement of the suit .
The plaintiff shall not recover if tender of sufficient amends
is made before a snit is commenced or if after a suit is com
menced a sufficient sum of money is paid into Court by or on
behalf of the defendant and the defendant undertakes to pay
costs when taxed .
13. All fees receivable in the Supreme Court shall be payable Fees to be
in stamps subject to the provisions of the Stamp Ordinance. stamps,
pain in and
The fees heretofore payable under the Sheriff's Ordinance , 1873 , scale of
shall continue to be payable in respect of process issued by the the
filesfredere
Sheriff's
Court until a new scale of fees for the Supreme Court generally 1873
Ordinan ce
, to be,
shall be prepared and adopted . continued .
*
*
15. This ordinance shall not affect anything done or suffered , Protecting
nor any right power duty obligation or liability acquired im- clause.
posed accrued or incurred under any enactment hereby repealed,
por any legal proceedings in respect of any such power duty
obligation or liability , and any legal proceedings may be carried
on as if this ordinance had not been passed nor revive any
enactment repealed by any such enactment.
626 [ 1 or 1883.] DISTRAINTS FOR RENT.
No. 1 OF 1883 .
Ti
An Ordinance to consolidate and amend the law relating
to Distraints for Rent.
[ 2nd February, 1883. ]
Preamble. HEREAS it is expedient to consolidate and annend the
W " law relating to distraints for rent: *
PART I.
Issuing of 1. The Supreme Court shall have jurisdiction to issue warrants
warrants.
of distress for arrears of rent in all cases, without respect to the
value of the property on which the rent is to be levied , and
without respect to the amount of rent to be levied ,
Penalty on 2. No distress shall be levied for arrears of rent except under
unauthorized
persons. the provisions of this ordinance ; and any person, except the
bailiffs and officers acting under this ordinance, levying or
attempting to levy any such distress shall, on conviction before
a Magistrate , be liable to a fine not exceeding one hundred
dollars , or to imprisonment for a term not exceeding three
months in addition to any other liability he may have incurred
by his proceedings.
Bailiffs of the
Court to levy 3. The bailiffs of the Court shall be employed under the
distress; fees provisions of this ordinance.
to go to the
Crown .
The salaries , allowances and expenses for the bailiffs, and
other officers employed under this ordinance, shall be paid out
of the general revenue of the Colony ; and all fees collected
under this ordinance for services by such bailiffs and officers,
shall be paid into the general revenue of the Colony.
Fees. 4. No fees shall be taken or demanded for such distresses,
except those allowed by this ordinance, as set out in schedule
A.
Limitation
of time.
5. No warrants shall be issued in any case for arrears of
rent due for more than twelve months at the time of the
application.
PART II.
Of the making of distraints.
Application 6. Any person claiming to be entitled to arrears of rent, or
for warrant.
his duly constituted attorney or agent may apply, for such
warrant as is hereinafter mentioned .
Powers of
attorneys and 7. Powers of attorney to agents authorized to apply for
agents. warrants ofdistress, may be either general or for the particular
case ; and shall be exempt from stamp duty, if confined solely
DISTRAINTS FOR RENT, [ 1 of 1883. ] 027
to the purpose of giving authority to distrain for rent under
this ordinance. Such powers may be in the form in schedule
E or to the like effect.
8. Every application for a warrant shall be supported by an Ailidavit.
affidavit or declaration which may be according to the form
contained in schedule B or to the like effect ; such affidavits or
declarations may be sworn or declared to in like manner as
other affidavits or declarations in the Supreme Court.
9. Warrants according to the form in schedule C or to the trar,
Julge.or
Rekis.
like effect may be issued by a Judge of the Supreme Court or Deputy Regis.
in the absence of any Judge from the Court House by the issue
trar,may
warrant.
Registrar or a Deputy Registrar returnable within six days
addressed to any one of the bailifts of the Court.
10. The Judge, Registrar, or Deputy Registrar to whom Refuxal of Warrant.
application is made, may upon examination of the persons
applying for such warrants, decline to issue the same.
11. If a Judge declines to issue such warrant, application Appeal.
may be made to the Full Court as provided in cases under
**",12 of
section 18 of the Supreme Court Ordinance, 1873. * If the 1873.1
Registrar or Deputy Registrar declines to do so , application
may be made to a Judge in the first instance.. The Deputy
Registrar may, however, always refer the matter to the Regis
trar upon any application to such Deputy Registrar.
12. Every distress under this ordinance shall be made after distress
Time for,
sunrise and before sunset, and not at any other time except by
special le :ive of the Court or a Judge.
13. In pursuance of the warrant aforesaid, the bailiff shall Property that
seize the moveable property found in or upon the house or may be seizerl.
premises mentioned in the warrant, and in the apparent pos
session of the person from whom the rent is claimed ( hereinafter
called the debtor ), or such part thereof as may, in the bailiff's
judgment, be sufficient to cover the amount of the said rent ,
together with the costs of the said distress.
14. The bailiff' shall not seize : Property that
( n .) Things in actual use, in the hands of a person at the cannot in
tiine of seizure ;
( 6. ) Tools and implements not in use, where there is other
moveable property in or upon the house or pre
mises sufficient to cover such amount and costs ;
( c. ) Goods of temporary guests at an inn ;
( d .) Goods of lodgers at a furnished lodging house ;
( e. ) The debtor's necessary wearing apparel ;
( f. ) Goods in the custody of the law ;
( 9.) Goods delivered to a person exercising a public trade,
to be carried, wrought, worked up , or managed in
the way of his trade or employ.
023 DISTRAINTS FOR RENT.
1 OF 1883. ]
Inventory . 15. On seizing any property under section 13 , the bailiff
shall make an inventory and appraisement of such property and
*
[ * and ] shall give a copy of such inventory and appraisement* notice
in writing according to the form in schedule D , or to the like
effect, to the debtor or to any other person upon his behalf, in
or upon the said house or preroises.
Filing of
inventory, &c . 16. The bailiff shali, as soon as may be, file in the Court
copies of the said inventory, appraisement and notice.
Entry . 17. The bailiff's and officers appointed to execute distress
warrants may break open inner doors ; and if denied adnuit
tance to any building as to which they have a warrant to
distrain, after declaring their names and business ; or if, after
waiting a reasonable time, no person answers, or is in the
building, they may apply to the Court for authority to break
open outer doors and windows so far as may be necessary to
enable them to execute the warrant.
Foreille
entry. 18. The Court on being satisfied, on the aftidavit of one of
the officers baving the warrant for execution, that there are no
reasonable means of executing the warrant without breaking
such outer doors or windows, may grant an order in writing,
addressed to a bailiff of the Court, authorizing him to Before
break
open , or have broken open , such doors and windows.
executing such order', however, the bailiff shall inform any
persons or person in or about the building, that he has such
order and that he is about to act on it unless the doors or
windows are opened .
Impounding
of property 19. Tbe bailiff's may impound or otherwise secure the pro
seized . perty seized , in or on the house or premises, chargeable with
the rent, or may remove the same.
PART III .
Of application to discharge distresses and of compensation.
Suspension 20. The debtor, or any other person alleging himself to be
or release of
distress. the owner of any property seized under this ordinance, may ,
at any time within five days from such seizure, on twenty -four
hours' notice to the party who obtained the warrant and to the
bailiff, setting out the facts on which the claim is founded ,
verified on affidavit, apply to the Court, to discharge or suspend
the warrant or to release a distrained article ; and the Court
may discharge or suspend such warrant or release such article
accordingly, upon such terms as it thinks just.
Costs.
21. Upon any such application, the costs attending it and
attending the issue and execution of the warrant, shall be in
the discretion of the Court, and shall be paid as the Court
directs .
DISTRAINTS FOR RENT. [ 1 of 1883. ] 0229
Wrongful
22. If any clain be ma le to, or in respect of, any property clistress .
seized under a distress warrant, or in respect of the proceeds
or value thereof, by any person not being the debtor, the
Registrar, upon the application of the bailiff who seized the
property, may issue a summons calling before the Court the
claimant and the person who obtained the warrant, and there
upon any suit which may have been brought in respect of such
claim shall be stayed, and the Court, on the proof of the service
of such summons, and that the property was so distrained, may
order the plaintiff to pay the costs of all proceedings in such
suit after the service of such simmons .
23. Every such claim shall be veritied by affidavit or Aljudlication
declaration setting out the facts on which it is founded in casesof
When so verified the Court shall alju licate thereupon , and distress.
inake such order between the parties in respect thereof, and of
the costs of the proceelings, as it thinks fit ; and such order
shall be enforceel as if it were an order made in a suit brought
in such Court.
24. In any case under section 20 or section 22 , the Court Compensa
may, if a2 claim shall bave been made therefor at the time of wrongful
tion for
application, and if it appears to the Court that the landlord or distress
bailiff had no reasonable ground for believing that the goods
were properly distrainable, award such compensation by way
of damages to the applicant or claimant (as the casemay be ) as
the Court thinks fit, and may for that purpose make any enquiry
it thinks necess:ury ; and the order of the Court, warding or
refusing such compensation, shall bar any suit in respect of
injury caused by the distress.
25. The Court may in its discretion, at any time upon the Time allowed
for payment.
application of the debtor and upon reasonable notice being given
of the application to the party who obtained the warrant give
time to the debtor to pay the rent due from him upon such
terms as it may think just and reasonable.
PART IV.
Sale of distresses.
26. In default of any order to the contrary, the distrained ofMole of -alo
distresses,
property shall be sold on the day mentioned in the uctice of
appraisement and sale hereinbefore referred to, and such sale
shall be conducted at such a place and time and by such person
as the Registrar may direct, whether by an auctioneer or a
bailiff of the Court and such auctioneer or such bailift shall on
realizing the proceeds, pay over the amount thereof to the Court,
and such amount sball be applied, first in payment of the costs
of the said distress , and then in satisfaction of the debt; and
the surplus, if any, shall be returned to the debtor.
030
!
[ 1 of 1883.) DISTRAINTS FOR RENT .
Debtor miy
27. Provided that the debtor may require that the sale shall
select manner take place in any other manner, ihan that directed by the
Registrar, upon giving security for any extra costs or loss
thereby, or that in the Registrar's opinion may be thereby
occasionel
PART V.
Deserted premises where no distress left.
Desertec
premises.
28. Where any immoveable property is held at a rack rent,
or where the rent reserved shall be full three -fouths of the
yearly value of the demised premises , and where neither the
value of the premises by the year, nor the rent payable in respect
of the tenancy by the year, shall exceed three hundred dollars,
if the tenant shall be in arrears for tiro months, and shall desert
the demised premises and leave the same uncultivated or
unoccupied so as no sufficient distress can be had to countervail
the arrears of rent, it shall be lawful for the Court, at the request
of the lessor or landlord or his agent and on information on
oath, to issue its warrant authorizing any bailiff to enter on the
premises, breaking any doors, windows, or gates if necessary ;
and if the premises are found to be deserted with no sufficient
distress therein, to place the same in charge of a bailiff and to
affix a notice thereon, in a conspicuous place, that unless cause
to the contrary be shown before the Court within ten days, the
premises will be given over to the applicant; and if no such
cause be shown, it shall be lawful for the Court, on proof of the
fact of desertion, of non - payment of at least two months rent
last due, of want of sufficient distress, and that the applicant is
the lessor or landlord of the premises or entitled under this
ordinance to a distress warrant, to make an order directing a
bailiff to put the applicant in possession of the premises and the
demise shall become void .
PART VI .
Rules as to distresses.
Arrears of
rent , 29. Arrears of rent may be distrained for after the end or
determination of any term or lease at will, in the same manner
as if such term or lease had not been ended or determined ;
provided that such distress be made during the continuance of
the possession of the tenant from whom such arrears became
due.
Writs in
Crown suits 30. No personal property shall be removed from any pre
and distress
to have
mises under any writ from any Court other than writs in
precedence.
Crown suits, till the claim for rent due to the landlord or
lessor or person entitled to receive the rent, is satisfied ; pro
vided that such claim shall not in any case esceed the amount
due for six months' rent last due.
DISTRAINTS FOR RENT. [ 1 of 1883. ] 631
31. If persoual property, otherwise liable to distress for rent, Property
shall, at the tiine of the issue ofanydistress warrant, or there- writ
seizedorunder
after before seizure by the bailiff under such warrant be seized warrantof
under any writ or warrant of the Supreme Court, the said bailiff Supreme
Court .
shall not seize such personal property, but shall return the
warrant into Court and deliver copies thereof to the execution
creditor or bis agent and to the debtor either personally or by
leaving the same at the place where the goods were seized, and
such execution creditor or debtor or either of them may apply
to the Court to discharge or suspend the warrant within the
time and in the manner mentioned in section 20, and should no
such application be maile within the said time, the Registrar
shall, out of the first money to be received by him from the
officer executing such writ or warrant, pay over to the person
obtaining such distress warrant the amount thereof, provided
that if the amount mentioned in tbe warrant of distress shall
exceed the amount due for six months rent, the Registrar shall
pay the amount of rent due for six monthis and the costs and
no more .
32. If any execution shall be paid off after issue of a warrant If exccutiən
of distress, the bailiff shall immediately execute the warrant of misistied,
distress. Warrant may
be executed .
33. The following persons may, personally or by their allowed
persons to
attorneys or agents, apply for warrants to distrain for arrears apply for
of rent due to the estates represented by them , that is?to say: -- distraint..
Executors or administrators of any lessor or landlord or
person entitled to receive rents ;
Guardians for infants. committees of lunatics for the
lunatics ;
Receivers appointed by Courts for the estate over or for
which they are appointed ;
Assignees and trustees in bankruptcy for the estate of the
bankrupt;
Mortgagees, for the property mortgaged, if the mortgagee
is in possession ;
Trustees, for the estate over which the trust extends
Lessees, against their under -lessees ;
The Registrar for premises seized under executions, it
rented to tenants by the person against whom the
execution is issued, or otherwise rented so that the
rent is payable to such person ;
Married women , with or without the concurrence of their
husbands, for arrears of rent due on property held by
them to their sole and separate us..
632 [ 1 of 1883. ] DISTRAINTS FOR RENT.
Where several 34. Where a right to distrain accrues to parties jointly
Partiesonein ter
of interested, or together interested, in any premises such as co
them may parceners, joint tenants, tenants in common , executors, adminis.
institute
proceedings. trators, trustees, guarilians, partners or otherwise, proceedings
un ler this ordinance may be taken by any one of such parties,
in his own name and the name or names of those jointly or
together interested with him , and the levying of rent so dis
trained for shall be a complete discharge to the tenant, for the
rent, or for so much thereof as may be so levieil; and the par
ties so levying shall be liable to account to the parties having
the interest jointly or together with them for all sums so levied.
Production of 35. Provided that if it should , in any particular case, appear
authority.
to the Court or to the Registrar or Deputy Registrar, to be
advisable so to do, the Court or Registrar or Deputy Registrar
may require the party so applying to produce a written author
ity to distrain , signed by one or more of the persons jointly or
together interested with him .
Removal of
property
36. No property found at the time of distraint in or on any
under premises, as to which an arrear of rent is dne, shall be removed
distraint.
front such premises without the consent of the person issuing
the distress warrant, or by direction of the Registrar, till satis
faction is made, for the rent due if the arrear has accrued during
the current tenancy , and if at any time such property would
have been liable to distraint for rent under this ordinance ; and
the landlord or lessor shall be entitled to require the bailiff
upon giving such bailift a sufficient in lemnity to the satisfaction
of the Registrar to follow the property if removed, and seize
the same under the distress warrant, whether or not sucli pro
perty was afterwards disposed of by the owner by way of sale ,
exchange, mortgage, pledge or otherwise.
Removal of 37. If the tenant or lessec, or person in possession or
liable to dis- occupation, of any premises on which there is an arrear of rent
traint.
due, recoverable by distress, slall remove, carry away, or cause
or permit to be removed or carried away from the premises any
moveable property liable to be seized for such rent, so as to
prevent or hinder the bailiff' from distraining the same, it shall
De lawful for the Court, on application verified by affidavit, to
authorize the bailiff , to whom the warrant of distress to distrain
for the rent on such premises is addressed and the officers acting
with him , to follow, and to take and seize such goods and
chattels, as a distress for the said arrears of rent, wherever the
same may be found , at any time within thirty days from the
day of their removal, exclusive of the day of removal, and to
deal with the said moveable property so removed in the same
way as if it had beea found on the premises, and if advisable so
to do, to place the sime again in the premises.
DISTRAINTS FOR RENT. 633
[ 1 or 1883. ]
38. Provided that it shall be lawful for the bailiff, without Seizure of
such authority to follow and seize any such property found by isproperty that
being re
him in the act of being removed frous any such premises, and mored .
before the same is placed in any other house or building:
39. If such property or any part thereof so removed or Property sold
carried away under the circumstances mentioned in sections 36 ma
bonay fide
be
and 37 of this ordinance shall have been sold bonâ fide, and for restored .
a sufficient consideration, before or after removal from the
premises distrained , to any person not knowing and not having
the means of knowing that the same was liable to distraint for
rent, or was remove or carried away, or was to be removed or
carried away , so as to prevent or hinder the landlord or lessee
froin distraining the same, or so much thereof as shall have
been so sold , shall not be seized or if seized shall be restored
by the bailiff distraining or by the Court on application under
section 20 of this ordinance.
40. Any tenant or lessee, or person in possession or occn- Fraudulent
pation who shall fraudulently remove or carry away moveable removal.
property as aforesaid, and any person wilfully and knowingly
aiding or assisting such tenant or lessee or person in such
fraudulent removal or carrying away, shall be deemed to be
guilty of a misdemeanour.
41. It shall be lawful for any Police officer to stop and Police may
detain , until due enquiry can be made, all carts, hand carts, stop removal
and carriages, and all persons, engaged between the hours of 8
P.J. and 6 A.M. in removing the furniture of any premises.
Protecting
42. Where any distress shall be made for any sum of money clanse.
to be levied by virtue of this ordinance, the distress itself shall
not be deemed unlawful, nor the party making the same be
deemed a trespasser, on account of any defect or want of form
in the proceeding relating thereto, nor shall the party distraining
be deemed a trespasser from the beginning on account of any
irregularity which shall afterwards be committed by the party
so distraining, but the person aggrieved by such irregularity
may recover satisfaction for the special damages in an action as
provided by section 24 .
PART VII.
General Provision .
43. Nothing herein contained shall be held to apply to rents Exemptions.
due to the Crown .
031 [ 1 of 1883. ] DISTRAINTS FOR RENT.
Interpreta
tion clause,
44. The word “ Court" or the words “ Supreme Court" as
used in this ordinance shall mean wless otherwise expressed
The Supreme Court in its Summary Jurisdiction .
Suspending 45. This ordinance shall come into operation on a day to be
clause .
hereafter proclaimed by the Governor.
A.
Scale of fees to be levied in distraints for rent.
Affidavits,
Warrant to Order to
Sums sued for. sell .
Commission .
distrain ,
notices, & c.
C. C.
1 and under 5 dollars. 0.25 0.25
5 10 9 1.00 0.50
10 20 2.00) 1.00
20 30 3.00 1.50
30 10 1.00 2.00
40 50 5.00 2.50
50 75 6.00 3.75
75 100 7.50 5.00
100 250 10.00 31 for every
250 500 15.00 $ 20 or part
above 500 15.00 of $20 .
The above scale is intended to include all expenses ; except in suits where
the tenant disputes the landlord's claim , and witnesses have to be subpanacı ,
in which case each subpana must be paid for at 25 cents ; where watchmen
are kept in charge of property distrained, 25 cents per day must be paid per
man ; where property is removed and stored , the necessary expenses to be
fixed by the Registrar must be paid .
B.
Form of affidavit for distress.
In the Supreme Court.
1.B. ( plaintifl)
t'ersus
C.D. (defendant)
A.B. inbabitant of maketh oath and saith
that C.D.
is justly indebted to in the sum of dollars for arrears of rent
of the house and premises No. situated at in the
due for months, to wit from to at the rate
of dollars per mensem .
Sworn before me the day of 188
DISTRAINTS FOR RENT . [ 1 OF 1883. ] 633
C.
Form of warrant.
In the Supreme Court.
I hereby direct you to distrain the goods and chattels on the premises of
d.B , situate in in the for the sum of
dollars, being the amount of months' rent due to C.D. for the same
on the dar of last, according to the provisions of the Distraint
for Rent Ordinance, 1883 .
Before proceeding to distraint under this warrant, you shall demand pay
ment of the amount endorsed hereon .
Dated day of 18
( Signed and sealed ),
by the Registrar or Deputy Registrar of the Supreme Court.
To
E.F.
Sworn bailiff'an appraiser .
D.
Form of inventory and noticr.
In the Supreme Court.
( Summary Jurisdiction .)
Take notice tbat I have this day seized the goods and chattels contained
in the above inventory and appraisement, for the sum of dollars,
being the amount of months' rent due to C.D. on last and
that unless you pay that amount together with the costs of this distress,
within five days from the date hereof, or obtain an order from the Court to
the contrary, the same will be sold on the day of 18 >
pursuant to the provisions of the Distraint for Rent Ordinance, 1883.
( Signed ) E.F.
Sworn bailiff and appraiser.
To A.B.
E,
Form of Power of Attorney to distrain .
I (or we ), A.B. do hereby authorize C.D. to be my (our) agent to act for
me (us) in distraining, under the Distraint for Rent Ordinance, 1883, for
(all ) the arrears of rent now due to me ( us) (or to be hereafter due) on pro
perty situated in ( liere describe property ), as to which I am (we are) entitled
io distrain as (Owner, Lessee, Trustee, Guardian, & c.) alone ( or together
with E.F. ) de
Dated
( Signed ) A.B.
In force from the 1st March, 1883, under proclamation 27th Feb., 1883.]
036 [ 6 of 1883.] TRAJIWAYS .
No. 6 OF 1883.
Title.
An Ordinance for authorizing the construction of certain
Tramways within the Colony of Hongkong:
[ 13th June, 1883. ]
Preamble .
EAS tramways
Rcertain
WHECHEREAS it is desirable to anthorize the construction of
within the Colony of Hongkong :
* *
Short title . 1. This ordinance may be cited as The Tramways Ordinance,
1883.
Interpreta 2. The terms hereinafter mentioned shall have the meanings
tions .
assigned to them , unless there be something either in the subject
or context repugnant to such construction , that is to say :
Government. The expression the Government shall mean the Governor acting
on behalf of Her Majesty, Her Successors, or assigns, or on
behalf of the Government of the said Colony.
The promot The expression the promoters shall mean the promoters herein
ers .
after named .
Common scal .
The espression common seal shall mean, if the assignees from
the promoters under the power hereinafter contained be a
corporation, the common seal of such corporation, or, if they be
not a corporation, it shall mean the hands and seals of such
assignees, or any two of them .
Owner. The word owner or owner's shall mean any person or persons,
or corporation, who, under the provisions of this ordinance, is
enabled to sell and assign lands to the company hereinafter
defined .
Lands. The word lands shall extend to messuages, lands, tenements
and hereditaments of any tenure.
Lease . The word lease shall include a sub-lease, and an agreement
for a lease, or sub - lease.
The Court.
The expression the Court shall mean the Supreme Court of
the Colony of Hongkong.
Judge. The expression Judge shall mean one of the Judges of the
Court .
Road . The expression road shall mean any roadway over which the
tramways authorized by this ordinance shall pass, and the
roadway of any bridge forming part of or leading to the same.
Carriage. The expressions carriage or carriages shall include all carriages,
cars, and trucks used upon any tramway.
The works. The expression the works or the undertaking shall mean the
works or undertaking of whatever nature which shall by this
ordinance be authorized to be executed .
TRAMWAYS . [6 OF 1883.) 6:37
Promoters.
3. The Honourable Francis BULKELEY Johnsoy of Victoria Promoters,
in the said Colony of Hongkong, FREDERICK David Sassoon
of the same place Esquire, CHARLES VINCENT Smith of the same
place Esquire, and WILLIAM KERFOOT Hughes of the same
place Esquire, or the survivors, or survivor, of them , shall be
the proinoters for the purposes of this ordinance, and are herein
after referred to as the promoters.
4. The promoters niay, with the assent and approval of the power to
Governor in Council, grant the right to construct and maintain assis";
[No. 18
of
any one or more of the tramways hereby authorized to be made, 1883 ]
and all or any of the privileges hereby conferred, without receiving
any valuable consideration therefor, or for any consideration that
the promoters may think fit to accept, to such persons, or person ,
corporation, or company, and with, under, and subject to cuch
terms and conditions in all respects as the promoters shall think fit,
and may , with the approval of the Governor in Council, upon
failure of any of the terms and conditions contained in the original,
or any subsequent grant, if thereunto authorised by the terms of
such original, orsulisequent grint, revoke the sume, and regrant
all, or any such rights and privileges, and so much of any
tramway as may be constructed, upon such terms and conditions us
to them shall seem fit ; and all and every the assignees or assig :ree
for the time being from the promoters, whether a corporate body or
not, are and is hereinafter included in the expression , and referred
to (IS the company.
Construction of' tumruyx.
5. The company may construct and maintain , subject to the Construction
provisions of this ordinance, and in accordance with the plaus of tramways.
which have been deposited as hereinafter mentioned , the tram
ways hereinafter described, with all proper stations, crossings,
passing-places, sidings, junctions, rails, turn -tables, plates, offices,
weigh -bridges, sheds, works, and conveniences connected there
with, or for the purposes thereof, and may work and use the
sane .
The tramways authorized by this ordinance are : --
Tramicay No. 1. - A single line, one mile, two furlong's,
1.21 chains in length , commencing at the north -west
corner of Inland Lot Number four hundred and
seventy -one, thence passing along the Praya East,
Wantsai Road, and Queen's Road East, and terininat
ing at a point opposite the entrance to the Eastern
Market at the junction with tramway No. 2 .
638 [ 6 OF 1883. TRAMWAYS .
Tramway No. 2.-A double line, one mile, four furlongs,
1.21 chains in length, commencing at a point opposite
the entrance to the Eastern Market at the junction
with tramway No. I at its termination, thence passing
along Queen's Road East, Queen's Road Central and
Queen's Road West , and terminating at a point opposite
Inland Lot Number two hundred and nineteen at the
junction with tramway No. 3.
Tramway No. 3 .-- A single line, three fulongs, 2.77 chains
in length, commencing at a point opposite Inland Lot
Number two hundred and nineteen at the junction
with tramway No. 2 at its termination, thence passing
along Queen's Road West, and terminating at a point
opposite Marine Lot Number cighty -one, at the junc
tion with tramway No. 4 .
Tramway No. 4. - Whichever of the two following lines
the company shall desire to construct and maintain ,
that is to say :
( 11. ) A single line three furlongs, 7.82 chains in
length, commencing at a point opposite
Marine Lot Number eighty -one, at the junc
tion with tramway No. 3 at its termination ,
thence passing along that part of Centre
Street wbich lies between Queen's Road
West and Praya West, thence along Praya
West and terminating at a point in the road
way there opposite the Northern end of an
imaginary line separating Marine Lot Num
ber one hundred and eighty -nine from Ma
rine Lot Number one hundred and ninety.
(6. ) A single line one furlong, one chain in length,
commencing at a point opposite Marine Lot
Number vighty -one, at the junction with
tramway No. 3 at its termination, thence
passing along Queen's Road West to a point
opposite the Southern entrance of the pre
mises known as the Sailors' Home on Inland
.
Lot Number one hundred and eighty - seven
A.
Tramway No. 5. -A single line four miles, two furlong's
in length , commencing at the North -west corner of
Inland Lot Number four hundred and seventy -one,
thence passing along the Shau -ki Wan Road to a point
on the North side of, and opposite to the Eastern
side of Shau -ki Wán Lot Number seven .
TRAMVAYS . ( 6 of 1883. ] 639
Tramuny No. 6.-- A partly single and partly double line, [See Notifica
commencing on the South side of the South -west Gazette
tion No. 219
boundary of the War Department ground at its junc. 26th 1888, May,
tion wití Garden Road, thence passing in a Southerly Notification
direction up) the hillside to the Victoria ( ap, crossing Gazette
No.327
erer the Kennedy and Plantation Roads by means of 26th July ,
bridges, and terminating at the Victoria Gap at a poiut 1889.]
on the North side of Farm Lot Number fifty -three.
Provided that such alterations as the company shall think fit Power to
may be made in the position of the rail-tracks of the tramivay tramway
No. 6 as shown on the deposited plan thereof, such alterations No. 6.
being within the limits of deviation shown on the said last
mentioned plan.
6. The plaus hereinbefore referred to as having been depositedl l'lans.
are the plans Nos. 1 to 6 ,611, and 7 to 20 inclusive, deposited
by the promoters in the office of the Surveyor General.
7. Where a double line of tramway is hereby authorized to Power to lay
be laid down, it shall not be compulsory upon the company to where doublu
line
lay down a double line, but they may , at their discretion, lay line. author
down in the first instance a single line of tramway in lieu of
such double line, and may, at the like discretion , at any time
thereafter, convert such last-named single line into the double
line hereby authorized to be laid down. Provided always that,
if the working of any double line be considered by the Governor
in Council dangerous or inconvenient, the Governor in Council
inay by order direct the company to discontinue one of the lines
of rail , and thereupon the company shall place the remaining
line in such part of the road as the Governor in Council shall
by such order approve of.
8. Subject to the approval of the Governor in Council being Power certain
to
first obtained, the company may, in the construction of the widen
bridges,ke.
above tramways, or any of them , alter the level of, and widen ,
the bridge known as Bowrington Bridge, which spans the
Northern end of the Bowrington Canal at its junction with the
barbour of Victoria , and the bridge which spans the Northern
end of the nullah or stream running between Varine Lot
Number one hundred and ninety -eight and Marine Lot Number
one hundred and ninety -nine at its junction with the said har
bour, or either of the said bridges ; and subject as aforesaid ,
may , ils regards the tramway No. 6 , alter the levels of the
ground on which the said tramway No. 6 is laid, make and
construct all necessary cuttings and embankments, bridges,
viaducts, culverts, catch-water drains, and other works, and
divert streams. Provided always that the earth escavated and
thrown to waste is disposed of in such manner as to prevent
its being washed down by rain into the harbour.
640 [6 of 1883.] TRAMWAYS .
Power to 9. Subject to the approval of the Governor in Council being
make
additional first obtained, after timely and adequate notification by public
crossings. &c. advertisement or otherwise of the intention of the company to
apply for such approval, the company may, from time to time,
construct , and maintain, subject to the provisions of this ordi
nance, and in accordance withi plansto be previously deposited
by the company in the office of the Surveyor General, all such
crossings, passing places, siling's, junctions, turn -tables and
other works in addition to those particularly specified in and
authorized by this ordinance as may from time to time be ap
proved of by the Governor in Council, and may work and use
the same.
Tramways to
be in midille
10. Every tramway running over and along any road shall
of road , &c. be constructed and maintained as nearly as may be in the
middle of such road, and no tramway shall be so laid that, for
a distance of thirty feet or upwards, a less space than 8 feet
shall intervene between the outside of the footpath on either
side of the road and the nearest side of any carriage ( and any
projection thereof), except in the case of bridges, streets, or
other places where the width may not be sufficient to allow a
space of 8 feet on either side, and except where it may be neces
sary to construct and maintain loops for enabling the carriages
to pass each other, or to construct sidings and curves, all which
exceptions shall be subject to the approval in writing of the
Surveyor General.
Gauge of 11. The tramway's Nos. 1 , 2 , 3 , 4 and 5 shall be constructed
tramwars
Vos.1, 2, 3, 4 on a gauge not exceeding three feet six inches in width , and
and o .
with two steel grooved rails, which said rails shall, before being
laid down, be approved of by the Surveyor General, and shall
be laid and maintained in such manner that the uppermost
surface thereof shall be on a level with the surface of the road .
Provided, that the Governor in Council may, from time to time,
require the company to adopt and apply such improvements in
the last-mentioned tramways, including their rails, sleepers and
substructure as experience may suggest, having regard to the
greater security of the public and indvantage to the ordinary
Traffic, and the company shall with all reasonable despatch
comply with any order made by the Governor in Council for
the purpose of carrying out any such improvements.
Gange of
tramway 12. The tramway No. 6 shall be constructed on a gauge not
No. 6 . exceeding five feet in width, and with steel rails, which said
rails shall, before being laid down, be approved of by the Sur
veyor General.
Power to
break up 13. The company from time to time for the purpose of mak
roads. ing, forming, laying down, maintaining; renewing, altering,
adeling to, or removing, any tramway under this ordinance, or
TRAMWAYS . [6 of 1883. ] 641
any part or parts thereof respectively, may open and break up
any road subject to the following regulations:
1. They shall give to the Surveyor General notice of their
intention, specifying the time at which they will begin
to do so, and the portion of road proposed to be opened
or broken up , such notice to be given seven days at
least before the commencement of the work .
2. They shall not open or break up or alter the level of
any road except with the authority, under the super
intendence, and to the satisfaction, of the Surveyor
General.
3. They shall leave an interval of at least a quarter of a
mile between any two places at which they may open
or break up the roadl, and they shall not open or break
up at any such place it greater length than one
hindred yards.
14. When the company bave opened or broken up any por
tion of any road , they shall be under the following further
obligations, namely :
1. They sball, with all convenient speed , complete the Completion
work on account of which they opened or broke up reinsta
of works,
tement
the same, and ( subject to the formation, maintenance, of road.
renewal, or alteration of, addition to, or removal of
the tramway) fill in the ground, and make good the
surface, and, to the satisfaction of the Surveyor
General, restore the road to as good condition as that
in which it was before it was opened or broken up .
2. They shall in the meantime canse the place where the
road is opened or broken up to be fenced and watched,
and to be properly lighted at night.
If the company fail to comply with this section, they shall , for
every offence ( withont prejudice to the entorcement of specific
1
performance of the requirements of this ordinance, or to any
other remedy against them ) be liable to a penalty not exceeding
one hundred dollars, and to a further penalty not exceeding
twenty-five dollars for each day during which any such failure
continues after the first day on which such penalty is incurred.
15. In addition to the requirements of the preceding section, Further pro
1 visions astionto
the company shall, when they give notice as aforesaid to the construc
Surveyor General of their intention to open or break up any of tramways.
road for any of the purposes aforesaid, lay before the Surveyor
General a plan showing the proposed mode of constructing,
1
laying down, maintaining; renewing, altering, adding to or
removing the tramways or works, in respect of which they
642 6 of 1883. ] TRAMWAYS.
propose to open or break up such road , and a statement of the
materials intended to be used therein ; and the company shall
not commence the construction, laying down, maintenance,
renewal, alteration of, addition to , or removal of such tramways
or works, or any part thereof respectively, except for the
purpose of necessary repairs, until such plan and statement
have been approved in writing by the Surveyor General, and
the works shall be executed in accordance with such approved
plan and statement, and under the superintendence, and to the
satisfaction of the Surveyor General.
Repair of
roads on
16. After and so soon as each of the said tramways has been
which tram- opened for the public traffic , the Surveyor General shåll maintain
ways laid .
in good condition and repair the whole of the road whereon
each of the said tramways is laid, and the company shall pay to
the Surveyor General the cost of the maintenance and repair of
so much of any road whereon any tramway is laid as lies between
the rails of the tramway and also (where two lines of tramways
are laid by the company in any road at a distance of not more
than four feet from each other the cost of the maintenance
and repair of the portion of the road between the tramwars, and
also in every case the cost of the maintenance and repair of so
much of the road as extends eighteen inches beyond the rails
of, and on each side of, cach tramway. Except as aforesaid the
company shall not be liable to pay for the cost of the maintenance
or repair of any road whereon any tramway is laid. The
company, before paying any monies due from thein under this
section ,may inspect any contract or contracts, or specifications,
or plans, or other documents, or writings, in the possession, or
under the control of the Surveyor General, or any contractor
or contractors, relating to or stipulating for the maintenance or
repair of any road a proportion of the cost of maintaining or
repairing which they are liable to bear under this section, so
that the company may, before paying any proportion of the
aforesaid cost , be satisfied that the sum demanded from them is
a fit and proper sum to be paid by them .
l'enalty for 17. The company shall maintain in good condition and repair,
notmaint ain,
ing rails at
and as their proper level so as not to be a danger or annoyance
their proper to the ordinary traffic, the rails of which any of the tramways
level and in
good condi. for the time being consist, and the substructure upon which the
tion , same rest ; and if the Surveyor General shall from time to time,
or at any time hereafter, alter the level of any road along or
across which any of the said tramways shall be laid, then and
in such event, and so often as the same shall happen, the
company shall, at their own expense, alter their rails so that
the uppermost surface thereof shall be on a level with the
surface of the road as altered, and , if the company make default
TRAMWAYS . [ 6 OF 1883. ] 643
in complying with this section,, they shall, for every offence, be
subject on conviction to a penalty not exceeding twenty -five
dollars, and , in case of aa continuing offence, to a further penalty
not exceeding ten dollars for every day after the first on which
such default continues.
18. Where by reason of the execution of any work affecting Temporary
tramways
the surface or soil of any road along which any tramway is laid , may be made
it is in the opinion of the Surveyor General necessary or when neces.
expedient temporaril to remove
y or discontinue the use of such sary.
tramway or any part thereof, the Surveyor General sball, before
such tramway, or any part thereof, shall be temporarily
removed , or the use thereof discontinued , give to the company
14 days' notice at least of the necessity or expediency of such
temporary removal or discontinuance, and immediately on
receipt of any such notice the company may, subject to such
conditions and regulations as the Surveyor General may froin
time to time make , construct in the same or any adjacent road ,
and, subject as aforesaid, maintain so long as necessary a
temporary tramway in lieu of the trainway or part thereof so
removed or discontinued, and the road on which such temporary
tramway is laid shall, subject as aforesaid, be maintained so
long as necessary by the Surveyor General at the expense of
the company.
19. Any paving, metalling , or material excavated by the Application
of road
company in the construction of their works from any road under materials
the control of the Surveyor General may be applied by them , excavated in
so far as may be necessary, in or towards the reinstating of construction
such road , provided such paving metalling or material are in
the opinion of the Surveyor General fit and proper to be used in
the re-instating of such road, and all surplus paving, metalling or
material not used for any of the purposes in this section men
tioned shall be the property of the company , and shall be
removed by them .
20. For the purpose of making, forming, laying down, Provision :s
maintaining, renewing, altering, adding to, or removing any of to usanul com
their tramways, the company may , from time to time where it panics, &c.
is necessary or appears expedient for the purpose of preventing
frequent interruption of the traffic by repairs or works in
connection with the same, alter the position of any mains or
pipes for the supply of gas or water, or any tubes, wires, or
apparatus for telegraphic or other purposes, subject to the
following restrictions, that is to say :
( 1. ) Before the company shall alter the position of any
such mains or pipes, tubes, wires or apparatus they
shall obtain the written assent of the Surveyor
General to such alteration.
6.14
[ 6 of 1883.] TRAMWAYS ,
( 2. ) Before laying down a tramway in a road in which any
mains, or pipes, tubes, wires or apparatus may be
laid, the company shall, whether they contemplate
altering the position of any such mains or pipes,
tubes, wires or apparatus or not, give seven days'
notice to the company, persons or person to whom
such mains, or pipes, tubes, wires or apparatus may
belong, of their intention to lay down or alter the
tramway, and shall at the sametime deliver a plan
and section of the proposed work . Ifit shall appear
to such other company, persons, or person that the
construction of the tramway as proposed would
endanger any such main or pipe, tube, wire or
apparatus, or interfere with, or impedle the supply
of water or gas, or the telegraphic or other com
munication, such other company, persons or person
may give notice to the company to lower, or other
wise alter the position of the said mains or pipes,
tubes, wires or apparatus in such manner as may
be considered necessary ; and any difference as to
the necessity of any such lowering or alteration
shall be settled in manner provided by this ordi
nance for the settlement of differences between the
company and other companies or persons ; and all
alterations to be made under this section shall be
made with as little detriment and inconvenience to
such other company or persons or person as the
circumstances will admit and under the superintend
ence of such other company, persons or person , or
of their, or his surveyor or engineer.
( 3. ) The company shall not remove or displace any of the
mains or pipes, valves, syphons, plugs, tubes, wires
or apparatus, or other works belonging to any such
other company, persons or person , or do anything
to impede the passage of water or gas, or the tele
graphic or other communication into, or through
such mains or pipes valves, syphons, plugs, tubes,
wires or apparatus, without the consent of such
other company, persons or person , or in any other
manner than such other company , persons or person
shall approve, until good and sufficientmains, pipes ,
valves, syphons, plugs, tubes, wires or apparatus,
and other works necessary or proper for continuing
the supply of water, or gas, or telegraphic or other
communication, as sufficiently as the same was
supplied by the mains or pipes, valves, syphons,
plugs, tuhes, wires or apparatus proposed to be
TRAMWAYS . 6.15
[ 6 OF 1883. ]
removed or displaced, shall, at the expense of the
company, have been first made and laid down in
lieu thereof and be ready for use , to the reasonable
satisfaction of the surveyor or engineer of such
other company, persons or person or, in case of
disagreement between such surveyor or engineer
and the company, in such manner as the Surveyor
General, or other fit and proper person specially
appointed by the Governor in Council , shall direct.
( 1.) The company shall not lay down any such mains or
pipes, valves, syphons, plugs, tubes, wires or appa
ratus contrary to the regulations of any ordinance
relating to water, gas, or other companies, or to
telegraphs.
( 5. ) The company shall make good all damage done by
them to property belonging to or controlled by any
such other company, persons or person , and shall
make full compensation to all parties for any loss
or damage which they may sustain by reason of any
interference with such property or with the private
service pipes of any person supplied by any such
other company or person with water or gas.
( 6. ) If by any such operations as aforesaid the company
interrupt the supply of water or gas in or through
any main pipe, for a period exceeding twelve con
secutive hours, they shall be liable to a penalty not
exceeding one hundred dollars for every day upon
which such supply shall be so interrupted .
21. Where any tramway, or any work connected therewith , for protec
interferes with any sewer, drain, water -course, or sub -way, or tion of rewers,
in any way affects the sewerage or drainage of the said Colony
of Hongkong, the company shall not commence any such tram
way or work until they shall have given to the Surveyor Genc
ral fourteen days previous notice in writing of their intention
so to do, and leaving with such notice all necessary particulars
relating thereto, nor until the Surveyor General shall bave
signified his approval of the same, unless he do not signify his
approval, disapproval, or other directions within fourteen days
after service of the said notice and particulars as aforesaid ; and
the company shall comply with the directions of the Surveyor
General in the execution of the said works, and shall provide
by new, altered , or substituted works, in such manner as the
Surveyor General shall require, for the proper protection of, and
for preventing injury or impediment to the sewers and works
hereinbefore referred to by or by reason of the tramways, and
sball save harmless the Surveyor General against the expense
646 [ 6 OF 1883. ] TRAMWAYS .
occasioned thereby ; and all such works shall be done by or
under the superintendence of the Surveyor General at the cost
and expense of the company, and when any new, altered or
substituted work shall be completed by, or at the cost or expense
of the company under this ordinance, the same shall thereafter
be as completely under the control of the Surveyor General, and
be maintained by him , as any other sewers or works.
Rights of
companies ,
22. Nothing in this ordinance shall take away or abridge
&c. to open any power to open or break up any road along oracross which
roads, any tramway is laid , or any other power now or hereafter to be
vested in any other company, or persons, or person for the doing
of any matter or thing, which such company or such persons or
person is are or will be authorized to do, but, in the exercise of
such power, every such other company, or persons or person,
shall be subject to the following restrictions ( that is to say) :
( 1. ) They shall cause as little detriment or inconvenience
to the company as circumstances admit.
( 2. ) Before they commence any work whereby the traffic
on the tramway will be interrupted, they shall
( except in cases of urgency , in which case notice
of the commencement of such work shall be given
to the company within twenty -four hours after such
commencement) give to the company and the Sur
veyor General notice of their intention to commence
such work , specifying the time at which they will
begin to do so, such notice to be given twenty -four
hours at least before the commencement of the work .
(3. ) They shall not be liable to pay to the company any
compensation for loss of trallic occasioned thereby,
or for the reasonable exercise of the power's so
vested in them as aforesaid .
( 4. ) Whenever, for the purpose of enabling tiem or him
to execute such work , such other company or per
sons or person shall so require, the company shall
either stop traffic on that portion of the tramway
to which such notice shall refer, where it would
otherwise interfere with such work, or shore up and
secure the same at their own risk and cost during
the execution of the work there. Provided that
such work shall always be completed by such other
company or persons or person with all reasonable
expedition.
( 5. ) Any such other company or persons or person shall
not execute such work so far as it immediately
affects the tramways, cxcept under the superintend
TRAMWAYS . [ 6 of 1883. ) 617
ence of the company, unless the company do not
give such superintendence at the time specified in
the notice for the commencement of the work , or
permanently discontinue the same during the pro
gress of the work, and they or he shall esecute
such work at their or his own expense and to the
reasonable satisfaction of the company ..
23. If any difference arises between the company on the one Difference
hand, and any other company or person (other than the Surveyor company and
General) to whom any sewer, drain, tube, wires or apparatus others (other
for telegraphic or other purposes may belong ou the other hand, Surveyor
with respect to any interference or control exercised , or claimed General.)
to be exercised by such other company, or such person , or on
their, or his behalf, or by the company, by virtue of this
ordinance, in relation to any tramway or work , or in relation to
any work or proceeding of such other company, or such person ,,
or with respect to the propriety of, or the mode of execution of
any work relating to any tramway, or with respect to the
amount of any compensation to be made by or to the company,
or on the question whether any work is such as ought reasonably
to satisfy the company , or person concerned, or with respect to
any other subject or thing regulated by, or comprised in this
ordinance, the matter in difference shall (unless otherwise
specially provided for by this ordinance ) be settled by the
Governor in Council, on the application of either party, and the
Governor in Council may direct that any expenses thereby
incurred shall be paid by either of the parties.
24. If any difference arises between the company on the one Differences
between
hand, and the Surveyor General on the other hand, with respect company and
to any interference or control exercised , or claimed to be Surveyor
exercised by the company, or the Surveyor General, by virtue General..
of this ordinance in relation to any tramway or work , or in
relation to any work or proceeding of the Surveyor General, or
with respect to the propriety of, or the mode of execution of
any work relating to any tramway, or with respect to the cost
of the maintenance or repair of any road along or across which
any tramway passes, or with respect to the amount of any
compensation to be made by or to the company, or on the
question whether any work is such as ought to satisfy the
Surveyor General, or with respect to any other subject or thing
regulated by or comprised in this ordinance, the matter in
difference shall ( unless otherwise specially provided for by this
ordinance ) be settled by the Governor in Council on the
application of either party.
25. None of the said tramways shall be opened for public toTramways not
be opened
traffic until the same has been certified to be fit for such traffic until certificd .
618 [ 6 of 1883. ) TRAMWAYS .
by the Surveryor General or other officer duly appointed in
writing for that purpose by the Governor in Council, and the
Governor in Council has, by notification in the Gazette,
authorized the same to be opened for such traffic.
C'esser of powers in certain events.
C'esser of
powers in
26. If the company do not , within three years after the time
certain at which they might, under this ordinance, have commenced
events . the construction of any one or more of the tramways hereby
authorized, and complete, and open the same for public traffic, or
If within one year after the time aforesaid , the construction
of any one or more of such tramways, is not, in the
opinion of the Governor in Council, substantially
commenced , or
If the construction of any one or more of such tramways
that has or have been commenced , is suspended without
a reason sufficient , in the opinion of the Governor in
Council , to warrant such suspension,
thepowers hereby given to the company for constructing such
tramways, so not completed or commenced, or so suspended as
aforesaid , or otherwise in relation thereto, shall cease to be
exercised, unless the time be prolonged by the Governor in
Council, and, as to so much of each or any of such tramways
as is then completed, the Governor in Council may allow the
said powers to continue and to be exercised if he shall think
tit, but failing such permission the same shall cease to be
exercised , and where such permission is withheld then so much
of the said tramways respectively as is then completed shall be
deemed to be a tramway to which all the provisions of this
ordinance relating to the discontinuance of tramways after proof
of such discontinuance shall apply, and may be dealt with
accordingly. A notice published by the Governor in Council
in the Gazette declaring that a tramway has not been completed
and opened for public traffic, or that the construction of the
tramways, or any or either of them , has not been substantially
commenced within the time aforesaid , or that such construction
has been suspended without sufficient reason, shall be conclusive
evidence for the purposes of this section of suchi non -completion,
non -commencement, or suspension.
Licences to use tramways..
Licences to 27. If, at any time after any tramway , or part of any tram
third parties way, shall have been for three years opened for public traffic,
to use
tramways. it shall be represented in writing to the Governor in Council
by twenty inhabitant rate-payers of the Colony of Hongkong
TRAMWAYS. [6 of 1883. ] 619
that the public are deprived of the full benefit of any tramway,
or part thereof, the Governor in Council may ( if he considers
that primâ facie the case is one for enquiry ) enquire into the
matter, and, if satisfied of the truth of the representation, may
from time to time grant licences to any coinpany or person to
use such tramway in addition to the company for such traffic
as is authorized by this ordinance, with carriages to be approved
of by the Governor in Council, subject to the following
provisions, conditions, and restrictions, that is to say :
( 1. ) The licence shall be for any period not less than one
year, nor more than three years from the date of
ihe licence , but shall be renewable by the Governor
in Council , if he, upon enquiry thinks fit.
( 2. ) The licence shall be to use the whole of such train
ways for the time being opened for public traffic,
or such part or parts of such tramways, as the
Governor in Council, having reference to the cause
for granting the licence, shall think right.
( 3. ) The licence shall direct the number ofcarriages which
the licensee or licensees shall run upon such tram
way , and the mode in which, and times at which
such carriages shall be run .
(4. ) The licence shall specify the tolls to be paid to the
company, or to their lessees, by the licensec or
licensees, for the use of the tramways.
, and their officers or servants
( 5. ) The licensee or licensets,
shall permit one person duly authorized for that
purpose by the coinpany or by their lessees , to ride
free of charge in or upon each carriage of the licensee
or licensees run upon the tramways for the whole
or any part of the journey.
( 6. ) The Governor in Council may, at any time after the
granting of any licence, revoke, alter or modify the
same for good cause shown to him .
28. If on demand any licensee fail to pay the tolls due in Penalty if
respect of any passengers carried in any carriage, it shall be bydefault made
licensee in
lawful for the company, or their lessees, to whom the same are payment of
payable, to detain and sell such carriage, or, if the same shall bave tolls..
been removed from the tramway , or premises of the company
or such lessees, to detain and sell any other carriages on such
tramway or premises belonging to such licensee, and out of the
monies arising from such sale to retain the tolls payable as
aforesaid , and all charges and expenses of such detention and
sale, rendering the overplus (if any ) of such monies, and such
of the carriages as shall reinain unsold, to the person entitled
thereto.
650 [ 6 op 1883. ] TRAMWAYS.
Licensee to
29. Every licensee shall, on demand, give to an officer or
of passengers. servant, authorized in that behalf by the company or their
lessees, entitled to be paid tolls by such licensee, an exact
account in writing, signed by such licensee, of the nuinber of
passengers conveyed by any and every carriage used by him on
the tramways .
Penalty for 30. If such licensee fails to give such account to such officer
not account .
ing. or servant demanding the same as aforesaid, or if any such
licensee with intent to avoid the payment of any tolls gives a
false account, he shall, for every such offince, forfeit to the
company, or to their lessees entitled to be paid tolls by such
licensee, a sum not exceeding fifty dollars, and such penalty
shall be in addition to any tolls payable in respect of the
passengers carried by any such carriage.
Disputes as to 31. If any dispute arise concerning the amount of the tolls
tolls to be
settled by due to the company or to their lessees from any licensee, or
Magistrate. concerning the charges occasioned by any detention or sale of
any carriage under the provisions herein contained , the same
shåll be settled by summary procedure before a Magistrate
in the manner hereinafter provided for the recovery of unpaid
tolls , penalties, and forfeitures, and it shall be lawful for the
company or their lessees in the meanwhile to detain the carriage
or ( it the case so require ) the proceeds of the sale thereof.
Licensee 32. Every licensee shall be answerable for any trespass or
liable for
damage. damuge done by his carriages, or horses, or by any of the
servants or persons employed by him to or upon the tramway,
or to or upon the property of any other person, and, without
prejudice to the right of action against the licensee , or any
other person , every such servant, or other person, may law
>
fully be convicted of such trespass or damage before a Magis
trate, and upon such conviction every such licensee shall pay
to the company, lessees, or persons injured, as the case may
be , the damage, to be ascertained by such Magistrate, so that
the same do not exceed two hundred dollars and fifty dollars.
Discontinuance of tramways.
Discontin
uance of
33. If, at any time after the opening of any tramway for
tramways by traffic, the company discontinue the working of such tramway
the company. or of any part thereof for the space of six months (such dis
continuance not being occasioned by circumstances beyond the
control of the company, for which purpose the want of suff
cient funds shall not be considered a circumstance beyond their
control) and such discontinuance is proved to the satisfaction
of the Governor in Council, the Governor in Council may by
order declare that the powers of thecompany in respect of such
TRAMWAYS . [ 6 of 1883. ] 651
tramway , or the part thereof so discontinued, shall, from the
date of such order, be at an end , and thereupon the said powers
of the company shall cease and determine, unless the same are
purchased by the Government in manner by this ordinance
provided . Where any such order has been made, the Surveyor
General may, at any time after the expiration of two months
from the date of such order , under the authority of a certificate
to that effect by the Governor in Council, remove the tramway,
or part of the tramway so discontinued, and the company shall
pay to the Surveyor General the cost of such removal , and of
the making good of the road by the Surveyor General, such
cost to be certified by the Surveyor General, whose certificate
shall be final and conclusive ; and if the company fail to pay
the amount so certified within two months after delivery to
them of such certificate or a true copy thereof, the Surveyor
General may, without any previous notice to the company ( but
without prejudice to any other remedy which he may have for
the recovery of the amount) sell and dispose of the materials
of the tramway, or part of the tramway removed, either by
public auction or private sale, and for such sum or sums and
to such person or persons as he may think fit, and may out of
the proceeds of such sale reimburse himself the amount of the
cost certified as aforesaid , and of the cost of sale, and the
balance, if any, of the proceeds of sale shall be paid to the
company .
Insolvency of company.
34. If any time after the opening ofany tramway for traffic, inProceed ings
case of
it appears to the Governor in Council that the company are insolvency of
insolvent, so that they are unable to maintain such tramway, company.
or work the same with advantage to the public, the Governor
in Council may enquire into the financial affairs of the com
pany, and if the Governor in Council shall be of opinion that
the company are so insolvent as aforesaid , he may by order
declare that the powers of the company shall , at the expiration
of six months from the making of the order, be at an end, and
the powers of the company shall cease and determine at the
expiration of the said period unless the same are purchased ,
by the Government in manner by this ordinance provided, and
thereupon the Surveyor General may remove the tramway in
like manner, and subject to the same provisions as to the pay
ment of the costs of such removal, and to the same remedy for
recovery of such costs in every respect as in cases of removal
unler the next preceding section .
Purchase of tramways.
35. The Governor in Council may , within six months after Government
Purchase by
the expiration of a period of twenty -one years from the time of tramways.
632 [ 6 OF 1883.] TRAMWAYS.
when the company were empowered to construct the said
tramways, and within six months after the expiration of every
subsequent period of seven years, or within three months after
any order made by the Governor in Council under either of the
two next preceding sections, by notice in writing require the
company to sell, and thereupon the company shall sell to the
Government their undertaking, upon terms of paying the then
value ( exclusive of any allowance for past or future profits of
the undertaking, or any compensation for compulsory sale or
other consideration whatsoever ) of the tramways, and all
lands, buildings, works, materials and plant of the company suit
able to and used by them for the purposes of their undertakin g,
such value to be, in case of difference, determined uponpetition
to the Court in a summary way, and, when any such sale has
been made, all the rights, powers and authorities of the com
pany in respect of the undertaking sold, or, where any order
has been made by the Governor in Council under either of the
next preceding sections, all the rights, powers and authorities
of the company previous to the making of such order in respect
of the undertaking sold, shall be transferred to, vested in , and
may be exercised by the Government.
Jotive Power.
Carriages of 36. The carriages used on the said tramways Nos. 1 , 2, 3 ,
tramways
Nog.1,2,3,4, 4 and 5 may be moved by animal, steam , or any mechanical
move5d may
and by be power. Provided always, that the exercise of the powers by
animal, this section conferred with respect to the use of steam or any
steam , or
mechanical mechanical power shall be subject to the regulations set forth
power. in schedule A. hereto, and to any regulations which may be
added thereto , or substituted therefor by any order which the
Governor in Council is hereby empowered to make from time
to time, as and wben be may think fit, for securing to the
public all reasonable protection against danger in the exercise
of the powers hereby conferred with respect to the use of steam
or any mechanical power on the tramways Nos. 1 , 2 , 3, 4 and
5. Provided also that before the company, or any person , use
steam , or any mechanical power, under this ordinance, they, or
he, shall give two months previous notice of their or his inten
tion so to do to the Governor in Council.
Motive power
of tramway
37. The carriages used on the tramway No. 6 may be
No. 6, moved by means of locomotive or stationary engines and steel
wire ropes , or by such other mechanical power as the Governor
iu Council shall approve of.
Construction
of carriages.
38. Every carriage used on any of the said tramways shall
be so constructed as to provide for the safety of passengers ,
and for their safe entrance to, and exit from , and accommodation
TRAMWAYS . 053
[ 6 or 1883. ]
in such carriage, and their protection from the machinery used
for drawing or propelling such carriage.
Powers to
39. The Surveyor General , or any officer or officers ap- authorities to
pointed for that purpose by the Governor in Council in writing, inspect
may, from time to time, inspect any engine or carriage used on engines, &c.
any of the tramways, and the machinery therein, and also any
rope or other machinery of the said tramways, and report
thereon, and the Governor in Council may by order prohibit
the use on the tramways, or any of them , of any such engine,
carriage, rope, or machinery which may be determined to be
unsafe or unfit for use .
40. The company or any person using steam or any mechan- Penalty for
steam
ical power on any of the tramways contrary to the provisions using
or inechanical
of this ordinance, or (where the same are applicable ) to any of trar
powery tocon
ordin
the regulations set forth in schedule A. hereto, or to any regu . nance or
lation added thereto or substituted therefor as aforesaid, shall regulations.
for every such offence , be subject to a penalty not exceeding
fifty dollars, and also, in the case of a continuing offence, a
further penalty not exceeding twenty- five dollars for every day
after the first during which such offence continues. Providel
that whether any such penalty has been recovered or not , the
Governor in Council , in case it shall be determined that the
company or any persons using steam or any mechanical power
on the tramways under the authority of this ordinance, have
made default in complying with the provisions of this ordinance,
or ( where the same are applicable) with any of the regulations
set forth in schedule 1. hereto, or with any regulation which
inay have been added thereto or substituted therefor as afore
said, may , by order, direct the company or such persons to
cease to exercise the powers aforesaid , and therenpon the com
pany or such persons shall cease to exercise the powers afore
said , and shall not again exercise the same unless with the
authority of the Governor in Council ; and in every such case
the Governor in Council shall make a special report to Her
Majesty's Principal Secretary of State for the Colonies notifying
the making of such order.
41. Where રીa double line of rails is laid every engine and Rule of the
carriage travelling in one direction over one of such double road.
lines shall pass every engine and carriage travelling in the op
posite direction over the other of such double lines on its right
side, except that, where necessary, any engine or carriage may
from time to time pass and repass from one line to the other.
Bye-laws.
42. Subject to this ordinance, the Governor in Council may Bye-laws.
from time to time make, and when made may rescind, annui,
651
[ 6 OF 1883. ] TRAMWAYS .
or add to regulations with regard to any of the tramways for
regulating the working and control of the tramways as well as
for any of the following purposes , that is to say : --
For regulating the use of the warping apparatus affixed to
the engines .
For regulating the emission of smoke or steam from the
engines.
For providing that engines and carriages shall be brought
to a stand at such places, and in such cases of
inpending danger as the Governor in Council may
deem proper for securing safety.
For regulating the entrance to, exit from , and accommoda
tion in the carriages, and the protection of passengers
from the machinery of any engine used for drawing
or propelling suchcarriages .
For regulating the rate of speed of the engines and carriages.
Provided that the speed as regards tramways Nos. 1 ,
2 , 3 and 4, shall not (unless another rate be author
ized by the Governor in Council under the authority
of this section ) exceed the rate of 8 miles an hour,
and , as regards tramways Nos. 5 , and 6 , shall not
exceed the rate of ten miles an hour, and that no
engines or carriages may pass through moveable facing
points at a pace exceeding the rate of four miles an
hour.
Provided also that, as regards tramways Nos. 1, 2,
3 and 4 , the Governor in Council may, if he shall
think fit so to do, authorize the maximum rate of
speed to be increased to a rate not exceeding the rate
of 10 miles an hour.
For the stopping of carriages using the tramways.
For providing for the due publicity of all regulations and
bye-laws for the time being relating to the tramways,
by exhibition thereof in conspicuous places.
For providing for the safety of the public in all cases in
which it shall appear to the Governor in Council that
such safety is , or is likely to be endangered or
imperilled .
Subject to this ordinance, the company may from time to time
make bye- laws.
For preventing the commission of any nuisance in or upon
any carriage, or in or against any premises belonging
to them .
For regulating the travelling in or upon any carriage
belonging to them .
TRAMWAYS . [ 6 of 1883. ) 655
And from time to time repeal or alter such bye-laws and make
new bye-laws; and notice of the making of any regulations by
the Governor in Council, or bye-laws by the company shall be
published once in two consecutive weeks in the Guzette, within
one month after the making thereof. A true copy of every
bye -law sball , one month at least before the same shall come
into operation , be sent to the Governor by the company.
43. Any such regulation or bye-law may impose penalties bePenalty may
imposed in
for offences against the same not exceeding ten dollars for each regulations,
offence, with or without penalties for continuing offences, not or bye-lays.
exceeding for any continuing offence five dollars for every day
during which the offence continues; but all bye-laws shall be
so framed as to allow in every case part only of the maximum
penalty being ordered to be paid .
Carriages and engines.
44. The company may use on their tramways carriages with Company
flange-wheels, or wheels suitable only to run on the rails of may use
their tramways, and, subject to this ordinance, the company wheeled
shall have the exclusive use of their tramways for carriages with carriages .
flange-wheels , or other wheels suitable only to run on the said
rails, and no carriage or engine used on any of the tramways
Nos. 1 , 2, 3 , 4 and 5 shall exceed six feet four inches in width .
>
Power to sell.
45. Subject to the approval ofthe Governor in Council being Power to sell.
first obtained ( but not otherwise) the company may , at any
time and from time to time , seil , assign, or absolutely dispose
of their undertaking, or any part, or parts thereof, to such
person or persons , corporation or company, by public auction
or private contract, or partly by public auction and partly by
private contract, and with , under and subject to such terms and
conditions in all respects as the company shall think fit, with
power at any such sale to fix a reserve price for, or buy in the
same, and when any such sale, assignment or absolute disposal
has been made all the rights, powers, authorities, obligations,
and liabilities of the company in respect to the undertaking, or
part or parts thereof sold, assigned, or absolutely disposed of,
shall be transferred to, vested in, and may be exercised by,
and shall attach to the person or persons , corporation or
company to whom the same has been sold, assigned, or abso
lutely disposed of, in like manner as if the undertaking, or part
or parts thereof sold , assigned , or absolutely disposed of, was
or were constructed by such person or persons, corporation, or
company, under the powers conferred upon him or them by this
nce to the same he or they shall be
ance , and in refereny
ordined
deem to be the compa .
656 [ 6 OF 1883. ] TRAMWAYS .
Power to leuse.
Power to
lease. 46. Subject to the approval of the Governor in Council
being first obtained ( but not otherwise ) the company may, at
any time and from time to time, demise their undertaking, or
any part or parts thereof, to such person or persons, corporation
or company , for such term or terms of years, or from year to
year, or for any less period, and for such rent or rents, and
upon such terms and conditions in all respects, as the company
shall think fit to adopt, to take effect either in possession or at
some future date, and either with or without a premium or pre
miums as a consideration or considerations for such demise or
demises.
Power to mortgage.
Power to 47. It shall be lawful for the company from time to time or
mortgage .
at any time to borrow money on mortgage of all or any part of
their undertaking , and for that purpose to assign or demise by
way of mortgage all or any portion of their lands, messuages
or tenements, erections,buildings, works, rolling stock , plant,
machinery , chattels and effects, to any person or persons, cor
poration or company , and to enter into all such covenants ,
provisos , declarations and agreements as the company shall
think fit or proper .
Rights of Gorernment.
Rights of 48. The Governor in Council may , at any time or times and
Government. at all times , by order direct that precedence over the company
and all other persons, in the user of the tramways hereby
authorized , or any or either of them , be taken for defensive or
military purposes, or for the passage of troops and war material,
on giving to the company, on each occasion of such user, three
clear days notice.
Government 49. The Governor in Council shall direct the payment to the
to pay tolls. company for such user as aforesaid of such tolls as shall be
agreed on, or, if no agreement shall be come to, then the amount
of such tolls to be paid shall be determined upon petition to the
Court in a summary way .
Traffic upon tramways.
Traffic upon 50. The tramways may be used for the purpose of convey;
tramways.
ing passengers, animals , goods, merchandize, minerals, and
parcels .
Company not 51. Save and except passengers' luggage not exceeding six
bound
gooils. tocarry teen pounds in weight, or one cubic foot in measurement, the
company shall not be bound to carry, unless they think fit, any
animals , goods , merchandize, minerals or parcels.
2
TRAMWAYS. [6 OF 1883. 657
Tolls.
52. The company may demand and take for passengers the Title.
tolls or charges specified in schedule B. hereto, including tolls
for the use of the tramways and of carriages, and for motive
power, and every other expense incidental to the conveyance of
passengers . A list printed in the English and Chinese lan
guages, of all the tolls and charges authorised to be taken shall
be exhibited in a conspicuous place at the offices of the company,
and inside and outside each of the carriages used upon the
tramways. Provided that if there be any variation between
the English and Chinese prints of the said list, the English
print thereof shall prevail.
53. Every fare paid by every passenger for travelling upon Distanceby
the tramways Nos. 1 , 2, 3 and 4 , or any of them , or any part covered
colis
thereof, shall entitle such passenger to travel any distance an
all or any of the said last mentioned tramways, once, on the
day on which such passenger shall so travel , in the same direc
tion continuously, and without leaving the carriages, but for no
further distance, or on any tramway other than the tramways
Nos. 1 , 2 , 3 and 4 , or more than once, or on any other day , or
>
in any other direction, or to leave and re-enter the carriages ;
and every fare paid by every passenger for travelling upon the
tramway No. 5 , or any part thereof,sball entitle such passenger
1
to travel any distance on the said last mentioned tramway, once, ·
on the day on which such passenger shall so travel, in the same
direction continuously, and without leaving thecarriages, but for
>
no further distance, or on any tramway other than the trainway
No. 5, or more than once, or on any other day, or in any other
direction , or to leave and re-enter the carriages ; and every fare
paid by every passenger for travelling upon the tramway No.
6 , or any part thereof, shall entitle such passenger to travel
any distance on the said last mentioned tromway, once, on the
day on which such passenger sball so travel, in the same
direction continuously, and without leaving the carriages, but
for no further distance, or on any tramway other than the
trainway No. 6, or more than once, or on any other day , or in
any other direction, or to leave and re - enter the carriages.
54. If the carriages shall, during anyjourney, contain their Ifcarriages
authorized complement of passengers, the company shall not full,
foot bound
company
to
be bound to find accommodation for any other passenger, not- carry.
withstanding that such other passenger may have purchased a
ticket, or tickets, entitling him to travel upon the tramways,
or any of them .
55. No passenger may take on any of the tramways his luggage.
Passengers'
personal luggage other than small hand baskets bags , or par.
658 [ 6 of 1883. ] TRAMWAYS .
cels, any one of which shall not exceed sixteen pounds in
weight, or one cubic foot in measurement. All such personal
luggage shall be carried by hand , and at the responsibility of
the passenger , and shall not occupy any part of a seat, nor be
of a form or description to annoy or inconvenience other pas
senger's.
Tolls for
animals,
56. The company may demand and take, in respect of any
goods, &c. animals, goods, merchandize, minerals or parcels conveyed by
them on the tramways, except as is by this ordinance specially
provided , including the tolls and charges for the use of the
tramways, and for waggons or trucks, and for motive power,
and every other expense incidental to such conveyance, any
tolls or charges not exceeding the tolls and charges specified
in schedule C. hereto, subject to the regulations therein con
tained.
l'ayment of 57. The said tolls and charges shall be paid to such persons,
tolis.
and at such places and in such manner, as the company may ,
by notice annexed to the list of tolls , appoint.
Abandonment of undertaking.
On abandon
ment road to 58. If the company abandon their undertaking , or any part
be reinstated. or parts thereof, and take up the tramways Nos. 1 , 2, 3, 4 >
and 5, or any, or either of them, they shall, with all convenient
speed , and in all cases within eight weeks at the most ( unless
the Surveyor General otherwise consents in writing ), fill in the
ground and make good the surface, and , to the satisfaction of
the Surveyor General, restore the portion of the road upon
which such last-mentioned tramways, or such of them as shall
be abandoned, were laid to as good a condition as that in
which it was before such tramways were laid thereon , and clear
away surplus paving, or metalling material, or rubbish occasion
ed by such work, and they sball in the meantime cause the
place where the road is opened or broken up to be fenced and
watched and to be properly lighted at night : provided always
that if the company fail to comply with the provisions of this
section , the Surveyor General, if he thinks fit, may himself at
any time after seven days' notice to the company remove the
tramways, and do the works necessary for the restoration of
the road , to the extent provided for in this section , and the
expense incurred by the Surveyor General in so doing shall be
re-paid to him by the company.
Offences.
Offences.
59. If any person wilfully obstructs any person acting under
the authority of the company in the lawful exercise of any of
the powers hereby conferred, or defaces or destroys any mark
TRAMWAYS . 6 OF 1883. 659
made for the purpose of setting out the line of any tramway,
or damages or destroys any property of the company, he shall
for every such offence be liable to a penalty not exceeding
twenty -five dollars.
60. If any person without lawful excuse (the proof whereof Further
shall lie on him ) wilfully does any of the following things, offences,
namely :
Interferes withi , removes, or alters, any part of a
tramway, or of the works connected therewith ;
Places, or throws any stones, dirt, wood , refuse, or
other materials on any part of a tramway ;
Does, or causes to be done anything in such manner
as to obstruct any carriage using a tramway , or
to endanger the lives of persons therein , or
thereon ;
Or knowingly aids or assists in the doing of any of
such things ;
he shall for every such offence be liable ( in addition to any
proceedings by way of indictment, or otherwise, to which he
may be subject) to a penalty not exceeding twenty -five dollars.
61. If any person'travelling, or having travelled in any further
carriage avoids, or attempts to avoid payment of his fare, offences.
or if any person having paid his fare for a certain distance,
knowingly and wilfully proceeds in any such carriage beyond
such distance, and does not pay the additional fare for the
additional distance, or attempts to avoid payment thereof, or if
any person knowingly and wilfully refuses or neglects, on
arriving at the point to which he has paid his fare, to quit
such carriage, every such person shall , for every such offence,
be liable to a penalty not exceeding ten dollars.
62. It shall be lawful for any officer or servant of the Transient
company, and all persons called by him to his assistance, to offenders..
seize and detain any person discovered either in , or immediately
after committing, or attempting to commit any such offence as
in the next preceding section is mentioned , and whose name or
residence is unknown to such officer or servant , until such
person can be conveniently taken to a Police Station for safe
custody and detained until he be discharged by due course of
law.
63. No person shall be entitled to carry , or to require to be Penalty for
carried on any tramway any goods which may be of a dangerous bringing
nature, and if any person send by any trainway any such goods, goodson
without distinctly marking their nature on the outside of the tramways.
660 [6 OF 1883. ] TRAMWAYS.
package containing the same, or otherwise giving notice in
writing to the book -keeper or other servant with whom the
same are left, at the time of such sending, he shall be liable to
a penalty not exceeding one hundred dollars for every such
offence, and it shall be lawful for the company to refuse to take
any parcel that they may suspect to contain goods of a dangerous
nature, or require the same to be opened to ascertain the fact.
Penalty
for using
64. If any person (except under the authority of this
tramways ordinance ), uses any of the said tramways with carriag's
with flange. having flange-wheels, or other wheels suitable only to run on
wheeled
carriages. the rail of such tramway, such person shall for every such
offence
dollars
be liable to a penalty not exceeding one hundred
.
Purchase of lands by agreement.
l'ower to
purchase
65. Subject to the provisions of this ordinance, it shall be
lands by lawful for the company to agree with the owners of any lands
agreement. which shall be required for the purposes of this ordinance, and
with all parties having any estate or interest in such lands, or
by this ordinance enabled to sell and assign the same, for the
absolute purchase for a consideration in money of any such
lands, or such parts thereof as they shall think proper, and of
all estates and interests in such lands of what kind soever.
Parties under 66. It shall be lawful for all parties, being seized , possessed
disability
enabled to of, or entitled to any such lands , or any estate or interest
sell and
assign .
therein , to sell and assign or release the same to the company,
and to enter into all necessary agreements for that purpose,
and particularly it shall be lawful for all or any of the following
parties, so seized, possessed , or entitled as aforesaid so to sell,
assign orrelease (that is to say) all corporations, tenants in
tail, or for life, married women seized in their own right,
guardians, committees of lunatics and idiots, trustees in trust
for charitable or other purposes, executors and administrators,
and all parties for the time being entitled to the receipt of the
rents and profits of any such lands in possession, or subject to
any lease for life , or for lives and years, or for years , or any
less interest; and the power so to sell and assign or release as
aforesaid may lawfully be exercised by all such parties, other
than lessees for life, or for lives and years, or for years, or for
any less interest, not only on behalf of themselves and their
respective heirs, executors, administrators and successors, but
also for and on behalf of every person entitled in reversion ,
remainder, or expectancy after them , or in defeasance of the
estates of such parties, and , as to such married women , whether
they be of full age or not, as if they were sole and of full age,
and as to such guardians on behalf of their wards, and as to
TRAMWAYS . [ 6 of 1883. ] 661
such committees on behalf of the lunatics and idiots of whom
they are the committees respectively, and that to the same
extent as such wives , wards, lunatics and idiots respectively
could have exercised the salne power under the authority of
this ordinance, if they had respectively been under no olisability,
and as to such trustees, executors and administrators, on behalf
of their cestuique trusts, whether infants, issue unborn , lunatics,
femes covert, or other persons , and that to the same extent as
such cestuique trusts respectively could have exercised the same
powers under the authority of this ordinance if they had respect
ively been under no disability":
67. The power to release lands from any rent- charge or Parties under
incumbrance, and to agree for the apportionment of any such todisability
rent-charge or incumbrance shall extend to, and may lawfully other powers.
be exercised by every party hereinbefore enabled to sell and
assign or release lands to the company.
68. The purchase money or compensation to be paid for any compen
lanıls to be purchased or taken from any party under any sation where
parties are
disability or incapacity and not having power to sell or assign under
such lands except under the provisions of this ordinance, and disability.
the compensation ( if any ) to be paid for any permanent damage
or injury to any such lands, where such party has agreed to
the amount to be paid , shall not be less than shall be approved
by the Court or å julge, upon the petition to the Court in a
summary vay of any of the parties interested, and all purchase
money and compensation recovered under or by virtue of this
section shall be paid into Court for the benefit of the parties
interested.
Purchase of lands otherwise than by apreement.
69. Before it shall be lawful for the company to put in force Part of
any of the powers of this ordinance in relation to the compul- capital to be
sory taking of land for the purposes of the undertaking, or open before
or break up any roails, the company shall satisfy the Governor compulsory
in Council that one third part at least of the capital or estimated exercised.
sum for defraying the expenses of the undertaking shall have
been subscribed under contract binding the parties thereto,
their heirs, executors and administrators, for the payment of
the several sums by them respectively subscribed , and ીa certifi
cate of the Governor, published in the Gazette, shall be con
clusive evidence that such amount has been duly subscribed .
70. When the company shall require to purchase or take Notice of
any of the lands more particularly mentioned and set out in intention to,
schedule D. to this ordinance, they shall give notice thereof to
all the parties interested in such lands, or to the parties enabled
662 ( 6 or 1883. ] TRAMWAYS .
by this ordinance to sell and assign or release the same, or to such
of the said parties as shall, after diligent enquiry, be known to
the company, and by such notice shall demand from such parties
the particulars of their estate and interest in such lands , and of
the claims made by them in respect thereof ; and every such
notice shall state the particulars of the lands so required, and
that the company are willing to treat for the purchase thereof,
and as to the compensation to be made to all parties for the
damage that may be sustained by them by reason of the execu
tion of the works.
Particulars of
claim to be 71. Within twenty -one days after the service of such notice
deliverci .
( exclusive of the day of service ) every party upon whom the
same is served shall give notice to the company stating the
particulars of his claim in respect of any such land and the com
pensation which he is willing to accept for the same.
Company to
state what 72. Within twenty -one days after the service on the com
compensation pany of such last mentioned notice (exclusive of the day of
they will pay. service) the company shall in writing state to the party giving
the same whether or not they will paythe compensation required
by such party, and , if not, then they shall state what compen
sation they are willing to pay to such party, and within twenty
one days after the service on such party by the company of such
intimation (exclusive of the day of service ) such party shall
give notice to the company whether or not he will accept the
compensation that the company are willing to pay.
Compensation
to be deter
73. If the company or any such party as aforesaid fail to
mined by
suit.
serve the said respective notices aforesaid within the respective
times aforesaid, or if no agreement he come to between the
company and the owners of or parties by this ordinance enabled
to sell, and assign, or release, any of the said lands mentioned
in the said schedule D. , and taken or required for, or injuriously
affected by the execution of the undertaking, or any interest in
such lands, as to the value of such lands, or of any interest
therein , or as to the compensation to be made in respect thereof,
or for any damage that may be sustained by reason of the
execution of the works, the amount of such value, compensation ,
or damage shall be determined by a suit to be instituted in the
Court in its original jurisdiction .
Writ to issue.
74. Every such suit shall lie commenced by a writ of sum
mons headed Compensation under the Tramway's Ordinance
[ * 3. 1882 , * and shall be issued by the Registrar of the Court on
the filing by the company of a precipe for the same, or on the
filing by the party claiming compensation, if the company shall
not, within fourteen days after service upon them by such party
of a notice requiring them so to do, file their præcipe for
such writ.
TRAMWAYS . [ 6 of 1883. ] 663
75. The plaintiff shall be at liberty to make upon the writ Special
of summons and copy thereof a special indorsement, which indorsement..
indorsement may be in the form shown in schedule E. to this
ordinance, or as near thereto as the circumstances of the case
will adınit of.
Applications
76. After the appearance of the defendant to a writ specially for reference.
endorsed, or in case of non -appearance, the company may ,
within seven days after the time limited for appearance, apply
by summons in chambers for a reference to the Registrar to
ascertain the amount of such value, compensation, or damage
as aforesaid , and thereupon the Judge may make such order as
he shall think fit. If the company do not make such applica
tion within the time aforesaid , the other party may , within five
days after the expiration of such seven days, make such
application.
Practice to be
77. Except as is herein otherwise provided, the practice to followedl ,
be followed in every such suit as aforesaid, and the proceedings Costs.
therein, shall be the same as the practice and proceedings for
the time being obtaining in suits in the Court in its original
jurisdiction, save that, if it appears to the Court, or a Judge,
that no question is in issue between the parties beyond the
amount of compensation to be awarded, it shall not be neces
sary to file any written pleadings, but the Court, or Judge,
may make such order on the confirmation of the Registrar's
report as to it, or him , may seem just, and the costs ofthe suit Costs.
shall be in the discretion of the Court, unless the same or a
less sum than shall have been offered by the company shall be
directed to be paid by them , in which case each party shall
bear his own costs.
78. The purchase money or compensation to be paid for any How compen
of the said lands mentioned in the said schedule D. and required absent
sation toparties
to be purchased or taken by the company from any party who, mincd.
tobedeter
by reason of absence from the Colony of Hongkong, is pre
vented from treating, or who cannot after diligent enquiry be
found , shall be determined upon petition to the Court in a
summary way, and the expenses thereof and incident thereto
shall be borne by the company.
79. In estimating the purchase money or compensation to be Damage for
severance, &c.,
paid by the company in any of the cases aforesaid, regard inay may bein.
be had not only to the value of the land to be purchased or cluded in
taken by the company, but also to the damage if any to be compensa
sustained by the owner of the lands by reason of the severing
of the lands taken from other lands of such owner , or of such
other lands being otherwise injuriously affected by the exercise
of the powers of this ordinance, and to the fact that the lands
taken are so taken from such owner compulsorily.
66-4 6 of 1883. ] TRAMWAYS .
Where com
pensation to
80. When the compensation payable in respect of any of
absent party the said lauds mentioned in the said schedule D., or any
has been
as
interest therein, shall have been ascertained and paid into Court
aforesaid the under the provisions herein contained, by reason that the owner
party may
have the same
of, or party entitled to assign such lands or such interest therein
determined as as aforesaid could not be found, or was absent from the said
in other cases Colony of Hongkong, if such owner or party shall be dissatisfied
compensa
tion .
with such determination, it shall be lawful for him , before he
shall have applie i to the Court for payment out or investment
of the monies so paid into Court, by notice in writing to the
company to require the question of such compensation to be
determined by a suit to be instituted in the Court in its original
jurisdiction in the same manner as is herein before provided for
in other cases of disputed compensation, and thereupon the
same shall be so determined accordingly.
Question to be 81. The question to be determined in the case last aforesaid
determineil.
shall be, whether the said sum so paid into Court as aforesaid
by the company was a sufficient sum ,, or whether any, and
what further sum ought to be paid into Court by them .
If further sum 82. If it shall be determined that a further sum ought to be
determined
company to paid into Court by the company, they shall so pay, such further
pay sameinto sum within fourteen days after such determination or, in default
fourteendays.. thereof, the same may be enforced by attachment, or recovered
with costs, by action or suit.
Cost of the 83. If it shall be determined that the sum so paid into
enquiry,
Court was sufficient, the costs of and incident to such enquiry
shall be in the discretion of the Court, but if it shall be deter
mined that a further sum ought to be paid into Court by the
company, all the costs of and incident to the enquiry shall be
borne by the company.
Compensa-
tion where no
84. If any party shall beentitled to any compensation in
satisfaction respect of any of the said lands, mentioned in the said schedule
previously D. , or of any interest therein , which shall have been taken for
made, how to
be settled . or injuriously affected by the execution of the works, and for
which the company shall not have made satisfaction under the
provisions of this ordinance, such compensation shall be deter
mined, where no agreement has been come to between such
party and the company, by a suit to be instituted in the Court
in its original jurisdiction in the same manner as is hereinbefore
provided for in other cases of disputed coinpensation.
Application of compensation.
Purchase . 85. If the purchase -money or compensation which shall be
able to para payable in respect of any of the said' lands, mentioned in the
ties under
said schedule D. , or of any interest therein, purchased or taken
TRAMWAYS. 6 OF 1883. ] 665
by the company from any tenant for life or in tail, married disability
woman seized in her own right, guardian committee of lunatic $ex.ceeding
1,000 to be
or idiot, trustee, executor or administrator, or person having a Court.
paid into
partial or qualified interest only in such lands, and not entitled
to sell or assign the same except under the provisions of this
ordinance, or the compensation to be paid for any permanent
damage to any such lands, exceed the sum of one thousand
dollars, the same shall be paid into Court, subject to the orders
of the Court, and such monies shall remain in Court until the
same be applied to some one or more of the following purposes,
(that is to say):
In the discharge of any debt or incumbrance affecting the Application of
monies paid
land in respect of which such money shall have been in.
paid , or affecting other lands settled therewith to the
same or the like nses, trusts, or purposes ; or
In the purchase of other lands to be assigned, limited, and
settled upon the like uses, trusts and purposes, and in
the same manner as the lands in respect of which such
money shall have been paid stood settled ; or,
If such money shall be paid in respect of any buildings
taken under the authority of this ordinance, or injured
by the proximity of the works, in removing or
re- placing such buildings, or substituting others in
their stead, in such manner as the Court shall direct ;
or,
In payment to any party becoming absolutely entitled to
suchmo ney.
86. Such money may be so applied as aforesaid upon an Order for
order of the Court or a Judge, made on the petition of the party application.
who would have been entitled to the rents and profits of the ment mean
.
lands in respect of which such money shall have been deposited; while.
and until the money can be so applied it may, upon the like
order, be invested by the Registrar in or upon any securities or
investments authorized by the Court or a Judge, and the interest,
dividends, and annual proceeds thereof paid to the party who
would for the time being have been entitled to the rents and
profits of the lands .
87. If the purchase-money or compensation shall not exceed Sums from
the sum of one thousand dollars, and shall exceed the sum of $100
to be to $1000
paid
one hundred dollars, the same shall either be paid into Court, tointotrusters,
Court,or
and applied in the manner hereinbefore directed with respect to
sums exceeding one thousand dollars, or the same may lawfully
be paid to two trustees,to be nominated by the parties entitled
to the rents or profits of the lands in respect whereof the same
shall be payable, such nomination to be signified by writing
666 [ 6 of 1883. ] TRAMWAYS .
under the hand of the parties so entitled ; and in case of the
coverture, infancy, lunacy, or other incapacity of the parties
entitled to such monies, such nomination maylawfully be made
by their respective husbands, guardians, committees, or trustees;
but such last -mentioned application of the monies shall not be
made unless the company approve thereof, and of the trustees
named for the purpose ; and the money so paid to such trustees,
and the produce arising therefrom , shall be by such trustees
applied in the manner hereinbefore directed with respect to
money paid into Court, but it shall 110t be necessary to obtain
any order of the Court for that purpose.
Sums not
exceeding 88. If such money shall not exceed the sum of one hundred
$ 100 to be dollars, the same shall be paid to the parties entiiled to the
paid to rents and profits of the lands in respect whereof the same shall
parties.
be payable, for their own use and benefit, or in case of the
coverture, infancy, idiotcy, lunacy, or other incapacity of any
such parties, then such money shall be paid , for their use , to
the respective husbands, guardians, committees, or trustees of
such persons.
Application 89. All sums of money exceeding one hundred dollars
of compensacs which may be payable by the company in respect of the taking,
not absolutely using, or interfering with, any lands under a contract or
entitled ,
agreement with any person who shall not be entitled to dispose
of such lands, or of the interest therein contracted to be sold
by him , absolutely for his own benefit , shall be paid into Court
or to trustees in manner aforesaid .
Court to
90. Where any purchase -money or compensation paid into
application of Court under the provisions of this ordinance shall have been so
money in
respect of life paid in respect of any lease for a life or lives or years, or for a
interests,& c. life or lives and years, or any interest less than the whole
in lands.
interest granted by any Crown lease, it shall be lawful for the
Court or a Judge, upon petition to the Court in a summary
way of any party interested therein, to order that the same shall
be laid out, invested, accumulated, and paid in such manner as
the Court or such Judge may consider will give to the parties
interested in such money the same benefit therefrom as they
might lawfully have had from the interest in respect of which
such money shall have been paid , or as near thereto as may be.
Upon pay 91. Upon payment in manner herein before provided, of the
ment being
made, the purchase-money or compensation agreed or determined to be
owners of the paid in respect of any of the said lands mentioned in the said
assign , or in schedule D., and purchased or taken by the company under the
defailtot best provisions of this ordinance, the owner of such lands , including
in the in such term all parties by this ordinance enabled to sell or
company by assign lands, shall , when required so to do by the company,
TRAJIWAYS , [ 6 of 1883.] 667
duly assign such lanıls to the company, or as they shall direct :
i
and in default thereof, or if he fail to adduce a good title to such
lands to their satisfaction , it shall be lawful for the company, if
they think fit, to prepare a deed of conveyance, assignment, or
assurance of such lands to themselves, containing a description
of the lands in respect of which such default shall be made, and
reciting the prirchase or taking thereof by the company , and the
names ofthe parties from whom the same were purchased or
taken , and the payment made in respect thereof, and declaring
the fact of such default having been made, and to tender such
deed after the same shall have been stamped with the stamp
duty which would have been payable upon an assignment to
the company of the lands described therein , to the Registrar for
execution on behalf of the owner and other ( if any ) the convey
ing, assigning, or assuring parties, and thereupon the Registrar
shall , upon an order of the Court to be obtained upon petition
in a summary way, execute the same, and all the estate and
interest in such lands of, or capable of being sold and assigned
by the party between whom and the company such agreement
shall have been come to , or as between whom and the company
such purchase-money or compensation shall have been determined
as herein provided , and shall have been paid as aforesaid , shall
vest absolutely in the company, and as against such parties,
and all parties on behalf of whom they are hereinbefore enabled
to sell and assign, the company shall be entitled to immediate
possession of such lands.
92. If the owner of any of the said lands mentioned in the Where parties
refuse to
said schedule D., and purchased or taken by the company, or assign or do
of any interest therein , on tender of the purchase-money or ornotshow title,
cannot be
compensation which shall have been determined in manner found the
aforesaid to be payable in respect thereof, refuse to accept the mo
purchase
ney to be
same, or neglect or fail to make out a title to such lands, or to pic
the interest therein claimed by him , to the satisfaction of the Couri.
company , or if he refuse to assign or release such lands as directed
by the company,, or if any such owner be absent from the said
Colony of Hongkong, or cannot after diligent inquiry be found ,
or fail to appear on the inquiry herein provided for, it shall be
y
lawful for the compan to pay the purchase-money or compen
sation payable in respect of such lands, or any interest therein ,
into Court subject to the control and disposition of the Court .
93. Upon any such payment into Court as last aforesaid i'pon intopay
beingmade, it shall be lawful forthe company, if they think Court
went being
out on
fit, to prepare a deed of conveyance, assignment, or assurance lands
made,the
to rest
of the last mentioned lands to themselves, containing a descrip- upou a devil
tion of the lands in respect whereof such payment shall have executed
being .
been made, and declaring the circumstances under which such
668 6 of 1883. ] TRAMWAYS .
payment shall have been made, and to tender such deed , after
the same shall have been stamped with the stamp duty which
would have been payable upon an assignment to the com
pany of the lands described therein , to the Registrar for execu
tion on behalf of the owner and other (if any ) the conveying,
assigning, orassuring parties, and thereuponthe Registrar shall,
upon an order of the Court to be obtained upon petition in a
summary way , execute the same and all the estate and interest
in such lands of the parties for whose use and in respect whereof
such purchase-money or compensation shall have been so paid
shall vest absolutely in the company, and, as against such
parties, they shall be entitled to immediate possession of such
lands .
Application 94. Upon the application by petition of any party making
of monies so
paid into claim to the money so paid into Court as last aforesaid, or any
Court. part thereof, or to the lands in respect whereof the same shall
have been so paid or any part of such lands , or any interest in
the same, the Court or a Judge may, as to it or him shall seem
fit, order such money to be laid out or invested in or upon any
securities or investments authorized by the Court or a Judge,
or may order distribution thereof, or payment of the dividends
thereof,according to the respective estates, titles, or interests of
the parties making claim to such money or lands, or any part
thereof, and may make such other order in the premises as to
such Court or Judge shall seem fit.
Party in 95. If any question arise respecting the title to the lands in
possession to
be deemed respect whereof such movies shall have been so paid into Court
the owner .
as aforesaid , the parties respectively in possession of such lands,
as being the owners thereof, or in receipt of the rents of such
lands, as being entitled thereto at the time of such lands being
purchased or taken, shall be deemed to have been lawfully
entitled to such lands, until the contrary be shown to the
satisfaction of the Court or a Judge, upon petition in a sum
mary way, and , unless the contrary be sbown as aforesaid ,
the parties so in possession, and all parties claiming under them ,
or consistently with their possession, sball be deemed entitled
to the money so paid into Court, and to the dividends or interest
thereof and the same shall be paid and applied accordingly.
Costs in cases
96. In all cases of monies paid into Court under the provi
ofmoney paid sions of this ordinance, except where such monies shall have
been so paid in by reason of the wilful refusal of any party
entitled thereto to receive the same, or to assign or release the
lands in respect whereof the same shall be payable , or by reason
of the wilful neglect of any party to make out a good title to
he land required , it shall be lawful for the Court to order the
costs of the following matters, including therein all reasonable
TRAMWAYS . [ 6 OF 1883. ] 669
charges and expenses incident thereto, to be paid by the
company ( that is to say , the costs of the purchase or taking of
the lands, or which shall have been incurred in consequence
thereof, other than such costs as are herein otherwise provided
for, and the costs of the investment of such monies in manner
by this ordinance provided and of the re-investment thereof in
the purchase of other lands, and also the costs of obtaining the
proper orders for any of the purposes aforesaid , and of the orders
for the payment of the dividends and interest of the securities
upon which such monies shall be invested, and for the payment
out of Court of the principal of such monies, or of the securities
iphereon the same shall be invested , and of all proceedings
relating thereto, except such as are occasioned by litigation
between adverse claimants: provided always, that the costs of
one application only for re-investment in land shall be allowed ,
unless it shall appear to the Court that it is for the benefit of
the parties interested in the said monies that the same should
be invested in the purchase of lands, in different suns, and at
different times, in which case it shall be lawful for the Court to
order the costs of any such investments to be paid by the
company
Assignments.
97. Assignments of lands to the company shall be in such Assignments.
form as the company shall think fit .
98. The costs of all such assignments shall be borne by the Cost of
company, and such costs shall include all charges and expenses assignments.,
incurred, on the part as well of the seller as of the purchaser,
of all assignments and assurances of any such lands, and of any
outstanding terms or interests therein , and of deducing,
evidencing, and verifying the title to such lands, terms or
interests, and of making out and furnishing such abstracts and
attested copies as the company may require, and all other
reasonable expenses incident to the investigation, deduction and
verification of such title .
99. If the company and the party entitled to any such costs Taxation of
shall not agree as to the amount thereof, such costs shall be taxed assignments.
costs of
by the Registrar upon an order of the Court, to be obtained
upon petition in a summary way by the company, or by such
party, if the company refuse or neglect to apply for such order
for fourteen days after notice from such party so to do, and the
company shall pay what the Registrar shall certify to be due in
respect of such costs to the party entitled thereto , or in default
thereof the same may be recovered in the same way as any
other costs payable under an order of the said Court, and the
expense of taxing such costs shall be borne by the company,
TRAMWAYS .
070 ( 6 of 1883. ]
unless upon such taxation one-sixth part of the amount of
such costs shall be disallowed , in which case the costs of such
taxation shall be borne by the party whose costs shall be so
taxed, and the amount thereof shall be ascertained by the
Registrar and deducted by him accordingly in his certificate of
such taxation .
Entry on lands.
Payment of
price to be
100. The company shall not, except by consent of the
madeprevious owners and occupiers, enter upon any of the said lands men
to entry ,
except to
tioned in the said schedule D., and which shall be required to
sullvell, c . be purchased or permanently vised for the purposes and under
the powers of this ordinance, until they shall either have paid
to every party having any interest in such lands, or paid into
Court in the manner herein mentioned the purchase -money or
compensation to be paid to such parties respectively for their
respective interests therein : provided always that for the
purpose merely of surveying such lands, and of setting out the
line of the works, it shall be lawful for the company, after giving
not less than three por more than fourteen days' notice to the
owners or occupiers thereof, to enter upon such lands without
previous consent, making compensation for any damage thereby
occasioned to the owner or occupiers thereof.
C'ompany to
to
101. Provided also, that if the company shall be desirous of
enter on lands entering upon and using any of the said lands mentioned in the
before
purchase, on
said schedule D. before an agreement shall have been come to ,
making or the purchase-money or compensation to be paid by them in
deposit by
Way of
respect of such lands shall have been determined as herein
mecurity and provided, it shall be lawful for the company to pay into Court
giving bond. Ly way of security either the amount of purchase-money, or
compensation claimed by any part interested in , or entitled to
sell and assign such lands, and who shall not consent to such
entry, or such a sim as shall, by the Court or a Judge upon
petition in a summary way be determined to be the value of
such lands or interest therein which such party is entitled to or
enabled to sell and assign, and also to give or tender to such
party a bond, under the common seal of the company, with two
sufficient sureties to be approved of by such Court or Judge
in case the parties differ , in a penal sum equal to the sum
so to be deposited , conditioned for payment to such party,
or for payment into Court, for the benefit of the parties in
terested in such lands, as the case may require, under the
provisions herein contained , of all such purchase -money or com
pensation as may in manner hereinbefore provided be determined
to be payable by the company in respect of the lands so entered
upon , together with interest thereon , at the rate of six dollars
TRAMWAYS . [6 OF 1883. ] 671
per centum per annum , from the time of entering on such lands
until such purchase -money or compensation shall be paid to
such party or into Court for the benefit of the parties interested
in such lands under the provisions herein contained ; and upon
such payment by way of security being made as aforesaid, and
such bond being delivered or tendered to such non -consenting
party as aforesaid , it shall be lawful for the company to enter
upon and use such lands, without having first paid the pur
chase-money or compensation in other cases required to be paid
by them before entering upon any lands to be taken by them
under the provisions of this ordinance. Provided always that,
if it shall be shown to the satisfaction of the Court or à Judge
that such non consenting party as aforesaid be absent from the
Colony, whether temporarily or permanently, or in hiding, or
cannot after diligent enquiry be found , then such Court or
Julge may order such bond as aforesaid to be dispensed with ,
and may authorize the company to enter upon and use any of
the said lands mentioned in the said schedule D. after first pay
ing into Court by way of security either the amount of purchase
money or compensation claimed by such non -consenting party,
or such a sum as shall by such Court or Judge be determined
upon petition in a summary way to be the value of such lands
or interest therein which such non-consenting party is entitled
to or enabled to sell or assign .
102. The money so paid into Court as last aforesaid shall Monies to
remain in Court by way of security to the parties whose lands security,
remain asand
a
shall so have been entered upon , for the performance of the to be applied
condition of the bond to be given by the company as hereinbefore direction of
mentioned, or where such bond has been dispensed with as the Court.
aforesaid , for the payment to the parties whose lands shall so
have been entered upon, or for deposit in Court for the benefit
of the parties interested in such lands, as the case may require,
under the provisions herein contained , of allsuch prochase -money
or compensation as may in manner hereinbefore provided be
determined to be payable by the company in respect of the
lands so entered upon, together with interest thereon at the
rate of six dollars per centum per annum from the time of
entering on such lands until such purchase -money or compen .
sation shall be paid to such party, or until the money so deposited
shall be deemed to be, or shall be deposited in Court for the
benefit of the parties interested in such lands under the
provisions herein contained , and the monies so deposited in
Court as in the next preceding section mentioned may , on the
application by petition of the company, be ordered to be invested
upon any securities or investments authorized by the Court or
a Judge, and upon the objects or object for which such deposit
672 [ 6 of 1883.) TRAMWAYS .
as last aforesaid was made being fully attained or satisfied, it
shall be lawful for the Court, upon a like application , to order
the money so deposited , or the funds in which the same shall
have been invested, together with the accumulations thereof, to
be re-paid or transferred to the company , or if such objects or
object shall not be fully attainel or satisfied , it shall be lawful
for the Court to order the same to be applied in such manner
as it shall think fit for the benefit of the parties for whose
security the same shall so have been deposited.
Penalty on the 103. If the company or any of their contractors shall , except
company
entering upon as aforesaid , wilfully enter upon and take possession ofany of
lands without the said lands mentioned in the said schedule D., which shall
consent
before pay .
ment of the
be required to be purchased or permanently used for the purpose
purchase. of this ordinance , without such consent as aforesaid, or without
money. having made such payment into Court as aforesaid for the
benefit or security of the parties interested in the lands, the
company shall forfeit to the party in possession of such lands
the sum of fifty dollars, over and above the amount of any
damage done to such lands by reason of such entry and taking
possession as aforesaid , and if the company or their contractors
shall, after conviction in such penalty as aforesaid, continue in
unlawful possession of any such lands,the company shall be
liable to forfeit the sum of one hundred dollars for every day
they or their contractor shall so remain in possession as aforesaid,
such penalty to be recoverable by the party in possession of
such lands, with costs, by a suit to be instituted in the Court in
its original jurisdiction in the same manner as is hereinbefore
provided for in cases of disputed coinpensation. Provided always
that nothing herein contained shall be held to subject the
company to the payment of any such penalties as aforesaid, if
they shall bonâ fide and without collusion have paid the
compensation which shall have been under the provisions of this
ordinance determined to be paid in respect of the said lands to
any person whom the company may have reasonably believed
to be entitled thereto, or shall have paid the same into Court
for the benefit or security of the parties interested in the lands,
although
thereto
such person may not have been legally entitled
.
Proceedings
in case of
104. If in any case in which, according to the provisions of
refusal to this ordinance , the company are authorized to enter upon and
deliver
possession of
take possession of such of the said lands mentioned in the said
lands. schedule D. as are required for the purposes of the undertaking,
the owner or occupier of any such lands or any other person
refuse to give up the possession thereof, or hinder the company
from entering upon or taking possession of the same, it shall be
lawful for the company to issue their warrant to one of the
TRAMWAYS . [ 6 OF 1883. ] 673
bailiffs of the Court to deliver possession of the same to the
person appointed in such warrant to receive the same, and upon
the receipt of such warrant such bailiff shall deliver possession
of any such lauds accordingly, and the costs accruiny by reason
of the issuing and esecution of such warrant, to be settled by
the Registrar, shall be paid by the person refusing to and
possession , and the amount of such costs shall be deducted give
retained by the company from the compensation, if any, then
payable by them to such party, or if no such compensation be
payable to such party, or if the same be less than the amount
of such costs, then such costs, or the excess thereof beyond
such compensation, if not paid on demand, shall be recovered
in the same way as any other costs payable under an order of
the said Court .
105. No party shall at any time be required to sell or assign Parties not to
to the company
manufa
a part only of any house or other building or belleparteredof toa
, if such part
ctory y be willing and able to sell and house.
assign the whole thereof.
Lands in mortgage .
106. It shall be lawful for the company to purchase or Power to
redeem
redeem the interest of the mortgagee of any of the said lands mortgages.
mentioned in the said schedule D., which may be required for
the purposes of this ordinance, and that whether they shall
have previously purchased the equity of redemption of such
lands or not, and whether the mortgagee thereof be entitled
thereto in his own right, or in trust for any other party, and
whether be be in possession of such lands by virtue of such
mortgage or not, and whether such mortgage affect such lands
solely, or jointly with any other lands not required for the
purposes of this ordinance , and in order thereto the company
may pay or tender to such inortgagee the principal and interest
due on such mortgage, together with his costs and charges, if
any, and also one month's additional interest, and thereupon
such mortgagee shall immediately assign bis interest in the lands
comprised in such mortgage to the company, or as they shall
direct , or the company may give notice in writing to such
mortgagee that they will pay off the principal and interest duc
on such mortgage at the end of one month , computed from the
day of giving such notice ; and if they shall have given any
such notice, or if the party entitled to the equity of redemption
of any such lands shall have given notice of bis intention to
redeemn the same, then at the expiration of either of such notices,
or at any intermediate period, upon payment or tender by the
company to the mortgagee of the principal money due on such
mortgage, and the interest which would become due at the end
674 [ 6 of 1883.] TRAMWAYS .
of one month from the time of giving either of such notices,
together with his costs and expenses, if any, such mortgagée
shall assign or release his interest in the lands comprised in
such mortgage to the company, or as they shall direct.
Payment into
Court of
107. If, in either of the cases aforesaid, upon such payment
mortgage or tender, any mortgagee shall fail to assign or release his
money on
refusal to interest in such mortgage as directed by the company, or if he
accept fail to adduce a good title thereto to their satisfaction, or if he
be absent from the Colony, whether temporarily or permanently ,
or in hiding, or cannot after diligent enquiry be found, then it
shall be lawful for the company to pay into Court in the manner
provided by this ordinance in like cases, the principal and ( if
the same can be ascertained ) interest and costs, if any, due on
such mortgage, and also , if such payment be made before the
expiration of the notices aforesaid, such further interest (if the
same can be ascertained ) as would at such expiration become
due ; and it shall be lawful for them , if they think fit, to prepare
a deed of conveyance , assignment or assurance and release of
such mortgaged lands to themselves , and to tender such deed ,
after the same shall have been duly stamped as required by law,
to the Registrar for execution on behalf of the mortgagee and
other (if any) the assuring and releasing parties, and thereupon
the Registrar shall, upon an order of the Court to be obtained
upon petition in a summary way, execute the same ; and
thereupon, as well as upon such assignment by the mortgagee,
if any, being made, all the estate and interest of such mortgagee ,
and of all persons in trust for him , or for whom he may be a
trustee in such lands shall vest in the company, and they shall
be entitled to immediate possession thereof in case such mortgagee
were himself entitled to such possession .
Sum to be
paid when 108. If any such mortgaged lands shall be of less value than
mortgage
exceeds the
the principal interest and costs secured thereon, the value of
value of the suchi lands , or the compensation to be inade by the company in
lands. respect thereof, shall be settled by agreement between the mort
gagee of such lands and the party entitled to the equity of
redemption thereof on the one part, and the company on the
other part, and if the parties aforesaid fail to agree respecting
the amount of such value or compensation, the same shall be
determined as in other cases of disputed compensation ; and the
amount of such value or compensation , being so agreed upon
or determined , shall be paid or tendered by the company to the
mortgagee in satisfaction of his mortgage debt so far as the
same will extent, and upon payment or tender thereof the
mortgagee shall assign or release all his interest in such mort
gaged lands to the company, or as they shall direct.
TRAMWAYS . [ 6 of 1883. ) 675
109. If, upon such payment or tender as aforesaid being payment into
made, any such mortgagee fail so to assign his interest in such mou
Courtesofwhen
In
mortgage , or to adduce a good title thereto to the satisfaction refused on
of the company, or if he be absent from the Colony,whether tender.
01
temporarily or permanently, or in hiding, or cannot after diligent
N
enquiry be found, it shall be lawful for them to pay the amount
or value or compensation into Court, in the manner provided
by this ordinance in like cases, and every such payment shall
be accepted by the mortgagee in satisfaction of liis mortgage
debt, so far as the same will extend, and shall be a full discharge
of such mortgaged lands from all money due thereon ; and it
shall be lawful for the company , if they think fit, to prepare a
1 deed of conveyance, assignment, or assurance and release of such
D
mortgaged lands to themselves , and to tender such deed , after
e
the same shall have been duly stamped as required by law , to
€
the Registrar for execution on behalf of the mortgagee and other
☺
( if any ) the assuring and releasing parties, and thereupon the
Registrar shall, upon an order of the Court to be obtained upon
petition in a summary way , execute the same, and such lands,
as to all such estate and interest as were then vested in the
mortgagee or any person in trust for him , shall become abso
lutely vested in the company, and they shall be entitled to
immediate possession thereof in case such mortgagee were himself
entitled to such possession ; nevertheless all rights and remedies
possessed by the mortgagee against the mortgagor, by virtue
of any bond, or covenant, or other obligation, other than the
right to such lands, shall remain in force in respect of so much
of the mortgage debt as shall not have been satisfied by such
payment or deposit.
110. If a part only of any such mortgaged lands be required sum to be
for thepurposes of this ordinance, and if the part so required part only"or
of
be of less value than the principal money interest and costs mortgager?
secured on such lands , and the mortgagee shall not consider the landstaken..
remaining part of such lands a sufficient security for the money
charged ihereon, or be not willing to release the part so required,
then the value of such part, and also the conpensation ( if any )
to be paid in respect of theseverance thereof or otherwise, shall
be settled by agreement between the mortgagee and the party
entitled to the equity of redemption of such land on the one
part, and the company on the other, and if the parties aforesaid
fail to agree respecting the amount of such value or compensa
tion , the saine shall be determined , as in other cases of disputed
compensation ; and the amount of such value or compensation,
being so agreed upon or determined,shall be paid by the com
pany to such mortgagee in satisfaction of his mortgage debt so
far as the same will extend ; and thereupon such mortgagee
676 [ 6 of 1883. ] TRAMWAYS .
shall assign or release to them , or as they shall direct, all his
interest in such mortgaged lands the value whereof shall have
been so paid ; and a memorandum of what shall have been so
paid shall be endorsed on the deed creating such mortgage, and
shall be signed by the mortgagee ; and a copy of such memo
randum shall at the same time ( if required ) be furnished by the
company at their expense to the party entitled to the equity of
redemption of the lands comprised in such mortgage deed..
Payment into 111. If, upon payment or tender to any such mortgagee of the
Court of
money when amount of the value or compensation so agreed upon or deter
refused on
tender . mined, such mortgage shall fail to assign or release to the
company, or as they shall direct, his interest in the lands in
respect of which such compensation shall so have been paid or
tendered , or if he shall fail to adduce a good title thereto to the
satisfaction of the company, or if he be absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot
after diligent enquiry be found , it shall be lawful for the
company to pay the amount of such value or coinpensation into
Court, and such payment shall be accepted by such mortgagee
in satisfaction of his mortgage debt, so far as the same will
extend , and shall be a full discharge of the portion of the
mortgaged lands so required from allmoney due thereon ; and
it shall be lawful for the company, if they think fit , to prepare
a deed of conveyance, assignment or assurance and release of
such last mentioned mortgaged lands to themselves, and to
tender such deed , after the same shall have been duly stamped
as required by law , to the Registrar for execution on behalf of
the mortgagee and other (if any) the assuring and releasing
parties, and thereupon the Registrar shall, upon an order of the
Court to be obtained upon petition in a summary way, execute
the same,, and such lands shall become absolutely vested in the
company, as to all such estate and interest as were then vested
in the mortgagee, or any person in trust for him , and in case
such mortgagee were himself entitled to such possession they
shall be entiiled to immediate possession thereof; nevertheless
every such mortgagee shall have the same powers and remedies
for recovering or compelling payment of the mortgage money
or the residue thereof (as the case may be ) and the interest
ther of respectively, upon and out of the residue of such
mortgaged lands, or the portion thereof not required for the
purposes of this ordinance, as he would otherwise have had or
been entitled to, for recovering or compelling payment thereof
upon or out of the whole of the lands originally comprised in
such mortgage.
Compensa 112. Provided always that in any of the cases hereinbefore
tion to be
marle in provided with respect to lands subject to mortgage, if in the
TRAMWAYS . [ 6 OF 1883. ] 677
mortgage deed a time shall have been limited for payment of ifcertain cases,
the principal money thereby secured , and under the provisions paid offbefore
hereinbefore contained the mortgagee shall have been required the stipulated
to accept payment of his mortgage money , or of part thereof, time.
at a time earlier than the time so limited , the company shall
pay to such mortyagee, in addition to the sum which shall
have been so paid off, all such costs and expenses as shall be
incurred by such mortgagee in respect of or which shall be
incidental to the re-investment of the sum so paid off, such
costs in case of difference to be taxed , and payment thereof
enforced in the manner herein provided with respect to the
costs of assignments ; and if the rate of interest secured by such
mortgage be higher than at the time of the same being so paid
off can reasonably be expected to be obtained on re -investing
the same, regard being had to the then current rate of interest
allowed by the Court, such mortgagee shall be entitled to
receive from the company, in addition to the principal and
interest herciubefore provided for, compensation in respect of
the loss to be sustained by him by reason of his mortgage
money being so prematurely paid off, the amount of such
compensation to be ascertained, in case of difference, as in other
cases of disputed compensation ; and until payment or tender
of such compensation as aforesaid the coinpany shall not be
entitled , as against such mortgagee, to possession of the
unortgaged lands under the provisions herein before contained .
Provided that the Court or a Judge may order such payment
or tender to be dispensed with if it or he shall think tit so to
do, and such mortgage money and compensation to be paid
into Court, and , on such payment being made, the company
shall be entitled, as against such mortgagee, to possession of
the mortgaged lands under the powers hereinbefore contained .
Rent-charges.
113. If any difference shall arise between the company and release of
lands from
the party entitled to any rent-charge, or chief or other rent, or rent-charges.
other payment or incumbrance not herein before provided for,
upon any of the said lands mentioned in the said schedule D..
and required to be taken for the purposes of this ordinance,
respecting the consideration to be paid for the release of such
lands therefrom , or from the portion thereof affecting the lands
required for the purposes of this ordinance, the same shall be
determined as in other cases of disputed compensation.
114. If part only of the lands charged with any such rent- Release of
part of
charge, chief or other runt, payment or incumbrance,be required pornchauds
from charge.
to be taken for the purposes of this ordinance, the apportionment
07S
[ 6 OF 1883. ] TRAMWAYS .
of any such charge may be determined by agreement between
the party entitled to such charge and the owner of the lands on A
the one part, and the company on the other part, and if such
apportionment be not so determined by agreement, the same 1
shall be determined by the Court or a Judge upon petition in
a summary way, but if the remaining part of the lands so
jointly subject be a sufficient security for such charge, then,
with consent of the owner of the lands so jointly subject, it
shall be lawful for the party entitled to such charge to release
therefrom the lands required , on condition or in consideration
of such other lands remaining exclusively subject to the whole
thereof.
Payment into
Court in case 115. Upon payment or tender of the compensation so agreed
of refusal to
release.
upon or determined to the party entitled to any such charge
as aforesaid, such party shall execute to the company a release
of such charge ; and if he fail so to do, or if he fail to adduce
good title to such charge to the satisfaction of the company, or
if he be absent from the Colony, whether temporarily or per
manently, or in hiding, or cannot after diligent enquiry be
found , it shall be lawful for them to pay the amount of such 1
compensation into Court, and also if they think fit to prepare
a deed of release of such charge, and to tender the same, after
the same shall have been duly stamped as required by law, to
the Registrar for execution on behalf of the releasing parties,
and thereupon the Registrar shall, upon an order of the Court
to be obtained upon petition in a summary way, execute the
same, and the rent-charge, chief or other rent, payment or
incumbrance, or the portion thereof in respect whereof such
compensation shall so have been paid shall cease and be
extinguished.
Charge to 116. If any such lands be so released from any such charge
continue on
lands not or incumbrance, or portion thereof, to which they were subject
taken .
jointly with other lands, such last-mentioned lands shall alone
be charged with the whole of such charge, or with the remainder
thereof, as the case inay be, and the party entitled to the charge
shall have all the same rights and remedies over such last
mentioned lands for the whole or the remainder of the charge,
as the case may be, as he had previously over the whole of the
lands subject to such charge ; and if upon any such charge or
portion of charge being so released the deed or instrument
creating or transferring such charge be tendered to the com
pany for the purpose, they shall affix their common seal to a
memorandum of such release endorsed on such deed or instru
ment, declaring what part of the lands originally subject to
such charge shall have been purchased by virtue of this ordi
TRAMWAYS . [ 6 OF 1883.] 679
nance, and if the lands be released from part of such charge,
what proportion of such charge shall have been released, and
how much thereof continues payable, or if the lands so required
shall have been released from the whole of such charge, then
that the remaining lands are thenceforward to remain esclu
sively charged therewith ; and such memorandum shall be
made and executed at the expense of the company, and shall
be evidence in the Courts and elsewhere of the facts therein
stated, but not so as to exclude any other evidence of the
same facts.
117. Where part only of any lands comprised in a lease for Where part
a term of years shall be required for the purposes of this ordi- under
omly oflands
dance, the rent payable in respect of the lands comprised in taken therent
to be app or.
such lease shall be apportioned between the lands so required tioned.
and the residue of such lands ; and such apportionment may
be deterinined by agreement between the lessor ( including Her
Majesty, Her Heirs and Successors, in those cases where Her
Majesty, Her Heirs or Successors , shall be the lessor ) and the
lessee of such lands on the one part, and the company on the
other part, and if such apportionment be not so determined by
agreement between the parties, such apportionment shall be
determined by the Court or a Judge, upon petition in a sum
mary way, and after such apportionment the lessee of such
lands shall, as to all future accruing rent, be liable only for so
much of the rent as shall be so apportioned in respect of the
lands not required for the purposes of this ordinance ; and as
to the lands not so required, and as against the lessee, the
lessor shall have all the same rights and remedies for the
recovery of such portion of rent as previously to such apportion
ment he had for the recovery of the whole rent reserved by
such lease ; and all the covenants, conditions, and agreements
of such lease, except as to the amount of rent to be paid , shall
remain in force with regard to that part of the land which
shall not be required for the purposes of this ordinance, in the
same manner as they would have done in case such part only
of the land had been included in the lease.
118. Every such lessee as last aforesaid shall be entitled to Tenants to be
receive from the company compensation for the damage done compensated .
to him in his tenancy by reason of the severance of the lands
required from those not required or otherwise by reason of the
execution of the works .
119. If any such lands shall be in the possession of any Compensa
person having no greater interest therein than as tenant for aa tion totobe
made
year, or from year to year, and if such person be required to tenants from
give up possession of any lands so occupied by bim before the &rear toyear,
-
680 [ 6 OF 1883. ) TRAMWAYS .
expiration of his term or interest therein, he shall be entitled
to compensation for the value of his unexpired term or interest
in such lands, and for any just allowance which ought to be
made to him by an incoming tenant, and for any loss or injury
he may sustain , or if a part only of such lands be required ,
compensation for the damage done to him in his tenancy by
severing the lands held by him or otherwise injuriously affect
ing the same; and the amount of such compensation shall be
determined , in case the parties differ about the same, by the
Court or a Judge upon petition in a summary way , and upon
payment or tender of the amount of such compensation all such
persons shall respectively deliver up to the company, or to the
person appointed by them to take possession thereof, any such
lands in their possession required for the purposes of this
ordinance.
Where greater
interest 120. If any party, having a greater interest than as tenant
claimed than at-will, claim compensation in respect of any unexpired term
at will , lease or interest under
to be any lease of any such lands, the company
produccd . may require such party to produce the lease in respect of which
such claim shall be made, or the best evidence thereof in his
power ; and if after demand made in writing by the company,
such lease, or such best evidence thereof, be not produced within
twenty-one days , the party so claiming compensation shall be
considered as a tenant bolding only from year to year, and be
entitled to compensation accordingly.
Limit of compulsory powers.
Limit of time 121. The powers of the company for the compulsory purchase
for compul .
sory purchase. or taking of lands for the purposes of this ordinance shall not
be exercised after the expiration of three years from the coming
into operation of this ordinance.
Interests omitted to be purchased .
Company 122. If at any time after the company shall have entered
empowered to
purchase
interests in
upon any lands which, under the provisions of this ordinance,
lands, the they were authorized to purchase, and which shall be perma
purchase nently required for the purposes of this ordinance, any party
whereof
have may shall appear to be entitled to any estate, right, or interest in, or
been
oinitted by
mistake.
charge affecting , such lands which the company shall, through
mistake or inadvertence, have failed or omitted duly to purchase,
or to pay compensation for,, then whether the period allowed
for the purchase of lands shall have expired or not, the company
shall remain in the undisturbed possession of such lands, pro
vided within three months after notice of such estate, right,
interest, or charge, in case tlie same shall not be disputed by
TRAMWAYS . [ 6 OF 1883. ] 681
the company, or in case the same shall be disputed then within
three months after the right thereto shall have been finally
established by law in favour of the party claiming the same,
the company shall purchase or pay compensation for the same,
and shall also pay to such party, or to any other party who
may establislı a right thereto , full compensation for the mesne
profits or interest which would lave accrued to such parties
respectively in respect thereof during the interval between the
entry of the company thereon and the time of the payment of
such purchase -money or compensation by the company, so far
as such mesne profits or interest may be recoverable in law or
equity ; and such purchase -money or compensation shall be
agreed on , or determined, an :1 paid in like manner as accoriling
to the provisions of this ordinance the same respectively would
have been agreed on , or determined and paid , in case the com
pany had purchased such estate, right, interest, or charge before
their entering upon such land, or as near thereto as circum
stances will admit.
123. The compensation to be given for any such last, men- How value of
such
tioned lands, or any estate or interest in the same, or for any be estimated.
mesne profits thereof, shall be the value of such lands , estate,
or interest and profits, at the time such lands were entered
upon by the company, and without regard being had to any
improvements or works made in the saidlands by the company,
and as though the works had not been constructed.
124. In addition to the said purchase -money, compensation , Company to
> thecosts
or satisfaction , and before the company shall become absolutely ofpaylitigatio n
entitled to any such estate, interest , or charge, or to have the as to such
lands.
saine merged or extinguished for their benefit, they shall, when
the right to any such estate, interest, or charge, shall have
been disputed by the company and determined in favour of the
party claiming the same, pay the full costs and expenses of any
proceedings at law or in equity for the determination or recovery
of the same to the parties with whom any such litigation in
respect thereof shall have taken place ; and such costs and
expenses shall , in case the same shall be disputed , be settled
by the Registrar.
Sale of superfluous lands.
125. Within ten years after the expiration of the time limited Lands not
by this ordinance for the completion of the works, the company wanted
sola, or into be
shall absolutely sell and dispose of all superfluous lands , and in default to
default thereof all such superfluous lands remaining unsold at vest in the
Crown.
the expiration of such period shall thereupon vest in and become
the property of the Crown .
682
[ 6 of 1883. ] TRAMWAYS .
Service of documents.
Service of
summons, & c .
126. Any summons or any writ or other proceeding at law
or in equity required to be served upon the company may be
served by the same being left at, or transmitted through the
post directed to the principal office of the company,or being
given or transmitted through the post directed to the secretary,
or in case there be no secretary, the solicitor of the company .
Form and
delivery of 127. With respect to notices, and to the delivery thereof by
notices, or to the company, the following provisions shall have effect,
that is to say :
1. Every notice shall be in writing or print, or partly in
writing and partly in print.
2. Any notice to be delivered by or to the company to or
by any other company or person may be delivered by
being left at the office of such other company or
person , or at the then present or then last krown
place of abode or residence of such person , or of bis
ostensible agent or agents, or of other the agent or
agents who pay the rents, rates, and taxes payable in
respect of the property of such person , or by being
affixed upon some conspicuous part of any lands
affected or intended to be affected by such notice, or
by being left at the office of the company, as the case
may be ,or by being sent by post in a registered letter
addressed (as the case may be ) to the clerk or
secretary of such other company at their principal
office, or to such person at his then present or then
last known place of abode or residence, or at his office
or business premises, or by being so sent by post
addressed to the ostensible agent or agents of such
person , or other the agent or agents aforesaid , or to
the clerk or secretary of the company at their principal
office.
Provided always that any notice required to be given by the
company, as mentioned in section 70 of this ordinance, shall in
addition be affixed upon some conspicuous part of the land
affected , or intended to be affected , thereby.
Miscellaneous
Tender of
amends,
128. If any party shall have committed any irregularity,
trespass, or other wrongful proceeding in the execution of this
683
TRAMWAYS. [ 6 or 1883. ]
ordinance, or by virtue of any power or authority hereby given,
and if before action or suit brought in respect thereof, such
party make tender of sufficient amends to the party injured,
such last -mentioned party shall not recover in any such action
or suit , and if no such tender shall have been made, it shall be
lawful for the defendant, by leave of the Court where such action
or suit shall be pending, at any time before answer filed, to pay
into Court such sum ofmoney as he shall think fit, and thereupon
such proceeilings shall be had as in other cases where defendants
are allowed to pay money into Court.
129. Every toll penalty or forfeiture imposed by this Recovery & c.
of
ordinance or by any order in Council, regulation, or bye-law tolls, &
made in pursuance hereof, the recovery of which is not other
wise provided for, may be recovered by suminary proceeding
before aMagistrate, and on complaint being made to a Magistrate
he shall issue a summons requiring the party complained
against to appear before any Magistrate at a time and place to
be named in such summons,, and every such suminons shall be
served on the party offending either in person or by leaving the
same with some inmate at his usual or last known place of
abode, and upon the appearance of the party complained against,
or in his absence after proof of the due service of such suunmons,
it shall be lawful for any Magistrate to proceed to the hearing
of the complaint, and that although no information in writing
or in print shall have been exhibited before him , and upon proof
of the offence, it shall be lawful for such Magistrate to convict
the offender , and upon such conviction to adjudge the offender
to pay the penalty or forfeiture incurred as well as such costs
attending the conviction as such Magistrate shall think tit .
130. If forth with upon any such adjudication as aforesaid, By distress.
the amount of the toll , penalty, forfeiture , and of such costs as
aforesaid be not paid, the amount thereof shall be levied by
distress, and any Magistrate shall issue his warrant of distress
accordingly. The said annount shall be levied by distress and
sale of the goods and chattels of the party liable to pay the same,
and the overplus arising from the sale of such goods and chattels ,
after satisfying the amount due, and the expenses of the distress
and sale, shall be returned on demand to the party whose goods
shall have been distrained.
131. The Magistrate by whom any such penalty or forfeiture Application
shall be imposed may, where the application thereof is not of penalties..
otherwise provided for, award one moiety thereof to the use of
Her Majesty, Her Heirs and Successors for the public uses of
the Colony and the support of the Government thereof, and
68-1 [ 6 OF 1883.] TRANIWAYS .
the other moiety to the informer or party prosecuting or
complaining.
Distress not 132. No distress levied by virtue of this ordinance shall be
unlawful
want of form., deemed unlawful, nor shall' any party making the same be
deemed a trespasser, on account of any defect or want of form
in the summons, conviction, warrant of distress, or other
proceeding relating thereto, nor shall such party be deemed a
trespasser ab initio on account of any irregnlarity afterwards
committed by him , but all persons aggrieved by such defect or
irregularity inay recover full satisfaction for the special damage
in an action or suit upon the case .
Tolls, &c, to 133. No person shall be liable to the payment of any toll
be sued for
within six
months ,
penalty or forfeiture imposed by virtue of this ordinance for any
offence made cognisable before a llagistrate unless the complaint
respecting such offence shall have been made before such va
gistrate within six months next after the commission of such
offence.
Power to
summon
134. It shall be lawful for any Magistrate to summon any
witnesses. person to appear before him or any other Magistrate as a witness
in any matter in which a Magistrate shall have jurisdiction
under the provisions of this ordinance, at a time and place
mentioned in such summons, and to administer to him an oath
to testify the truth in such matter, and if any person so sum
moned shall without reasonable excuse refuse or neglect to
appear at the time and place appointed for that purpose having
been paid or tendered a reasonable sum for his expenses , or if
any person appearing shall refuse to be examined upon oath or
to give evidence before such Magistrate, every such person shall
forfeit a sum not exceeding fifty dollars for every such offence .
Form of con .
viction . 135. The Magistrate before whom any person shall be con
victed of any offence against this ordinance may cause the con
viction to be drawn up according to the form in schedule F. to
this ordinance.
Proceedings
not to be
136. No proceeding before a Magistrate in pursuance of this
quashed for ordinance shall be quashed or vacated for want of form or
want of form . removed by certiorari or otherwise into the Court.
Appeal. 137. If any party shall feel aggrieved by any determination
or adjudication of any Magistrate with respect to any penalty
or forfeiture under the provisions of this ordinance, such party
may appeal under the provisions of and in manner provided by
[*Repealed
Nee No. 10
: Ordinance No. 4 of 1858, * intituled An Ordinance for Summary
of 1890.] Jurisdictions and Appeals to the Supreme Court.
TRAMWAYS. [ 6 or 1883. ] 083
138. Any person who, upon any examination upon oath False witnesses.
under this ordinance, shall wilfully and corruptly give false
evidence shall be liable to the penalties of wilful and corrupt
perjury.
139. The company shall be answerable for all accidents, Company to
damages, and injuries happening through their act or default, leresponsible
be
or through the act or default of any person in their employment, damage.
by reason or in consequence of any of their works or carriages,
and shall save harmless all other companies or bodies, collectively
and individually, and their officers and servants, from all damages
and costs in respect of such accidents, damages, and injuries.
140. Notwithstanding anything in this ordinance contained Riylıt of user
the company shall not acquire any right other than that of user only acquireil.
of the roads along or across which they lay any tramway.
141. Nothing in this ordinance shall limit the powers of the Police
power toto
Police to regulate the passage of any traffic along or across any regulate
public road along or across which any tramway is laid down, traffic.
and the Police may exercise their powers as well on as off the
tramway, and with respect as well to the traffic of the company
as to the traffic of other persons, and in particular nothing in
this ordinance shall limit the power of the Captain Superintend
ent of Police to make regulations under and exercise the powers
· conferred on bim by Ordinance No. 10 of 1869.
142. Nothing in this ordinance or in any regulation or bye. Rights vf
law made hereunder shall take away or abridge the right of the reserved.
publice
public to pass along or across every or any part of any public
road along or across which any tramway is laid, whetlier on or
off the tramway, with carriages not having flange-wheels, or
beels suitable only to run on the rail of the tramway.
143. Notwithstanding anything in this ordinance contained Saving for
the company and any persons using the tramwars shall be ordinances.
general
subject and liable to the provisions of any general ordinance
now in force or which may hereafter be passed in the Colony of
Hongkong relating to tramways, or by which any tax or duty
may be granted or imposed for or in respect of tramways, or the
passengers or traffic conveyed thereon , or to any future revisioni
or alteration under the legislature of the said Colony of the
maximum rates of tolls or charges authorized by this ordinance
and to any condition, regulation, or restriction, which may be
imposed upon the use of tramways or upon the use on tramways
of animal power, steam power, or any mechanical power , by any
such general ordinance as aforesaid.
086
[ 6 OF
of 1883.] TRAMWAYS .
Reservation
of rights of
144. The powers and privileges given by this ordioance are
the Crown . so given saving and reserving always the rights of Her Majesty
and of all bodies politic and corporate, and of all other persons
and those claiming by , from , and under them , except as is herein
otherwise provided.
Suspending 145. This ordinance shall not come into operation until Her
clause.
Majesty's confirmation thereof is proclaimed by the Governor.
Schedule A.
( Applicable and extending only to the tramways Nos. 1 , 2, 3, 4 t 5.)
2
Every engine used on the tramways shall be fitted with such mecbanical
appliances for preventing the motive power of such engine from operating,
and for bringing such engine and any carriage drawn or propelled by such
engine to a stand , as the Governor may from time to time think sufficient .
Every engine used on the tramways shall have its number shewn in some
conspicuous part thereof, and shall be fitted,
With an indicator by means of which the speed shall be shewn ;
With a suitable fender to push aside obstructions ;
With a special bell, whistle or other apparatus to be sounded as a
warning when necessary ; and
With a seat for the driver of such engine, so placed in front of such
engine as to command the fullest possible view of the road before
him .
Every, such engine shall be free from noise produced by blast or clatter of
machinery, and the machinery shall be concealed from view at all points
above 4 inches from the level of the rails , and all fire used on such engine
shall be concealed from view .
Schedule B.
The tolls and charges by this ordinance authorized to be taken are :
For every passenger travelling upon the tramways Nos. 1 , 2, 3 and 4, or
any of them , or any part thereof, —
If such passenger is a first class passenger, any 20 cents .
sum not exceedling }
If a second class passenger , any sum not exceeding ... i 5 >
If a third class passenger, any sum not exceeding ... 5
For every passenger travelling upon the tramway No. 5, or any part
thereof,
The same tolls and charges as those hereinbefore authorized in
respect of the tramways Nos. 1 , 2, 3 and 4.
For every passenger travelling upon the tramway No. 6, or any part
thereof,
If such passenger is a first class passenger, any 30 cents ,
sum not exceeding
If a second class passenger, any sum not exceeding ...20
If a third class passenger, any sum not exceeiling ... 10
TRAMWAYS, 6 OF 1883.] 687
Schedule c.
Tolls AND CHARGES FOR ANIMALS, Goods, & c .
Animals.
Per mile.
For every borse, mule , or other beast of draught or burden , per ! 12 cents.
? head , ... S
For every ox, cow , bull or head of cattle, per head ,...... .12
For erery calf, pig, sheep, or other small animal, per head ,............ 10
Goods and Minerals.
For all coals, coke, cuim , charcoal, camnel, limestone, chalk , lime,
salt, sand, fireclay, cinders, dung, compost and all sorts of
manure, and all undressed materials for the repair of public
roads or highways, per ton ,....... .... 20
For all iron, iron ore, pig iron , bar irou , rod iron, sheet iron, hoop
iron , plates of iron, slabs, billets and rolled iron, bricks, slags,
and stone, stones for building, pitching, and paving, tiles, slates,
and clay ( except fire-clay), and for wrought iron not otherwise
specially classed herein , and for heavy iron castings including
railway chairs, per ton, ....... 20
For all sugar, grain , corn , flour, hides, dyewoods, earthenware,
timber and metals (except iron ), nails, anvils, vices, and chains,
and for light iron castings, per ton , ........ 20
For cotton and other wools, drugs (except opium ) and manufactured
goods, and all other wares, merchandise, fish, articles, matters
or things, per ton, ........ 30
For opium , per chest, ....... 20
Small parcels.
For every parcel not exceeding seven pounds in weight, each, ... 5 cents .
For any parcel exceeding seven pounds and not exceeding fourteen
... 10
pounds in weight, cach,
For any parcel exceeding fourteen pounds and not exceeding twenty
,
eight pounds in weight, eaclı,. . . . . . ... ......... 15
For any parcel exceeding twenty -eight pounds, and not exceeding
fifty - six pounds in weight, each , ........ 20
For any parcel exceeding fifty -six pounds in weight, such sums as
the company may think fit.
Provided always, that articles sent in large aggregate quantities, although
made up in separate parcels, such as bags of sugar, coffee, meal, and the like,
shall not be deemed small parcels, but that term shall apply only to single
parcels in separate packages.
Regulations as to tolls.
A fraction of a mile beyond an integral number of miles shall be deemed a
mile .
For a fraction of a ton , the company may demand and take tolls and
charges according to the number of the quarters of a ton in such fraction, and
if there be a fraction of a quarter of a ton , such fraction shall be deemed a
quarter of a ton .
688 of 1883. ]
[ 6 OF TRAMWAYS .
With respect to all articles except stone and timber, the weighit shall be
determined according to the usual avoirdupois weight.
With respect to stone and timber, fourteen cubic feet of stone, fifty cubic
feet of China fir or Singapore cedar, and forty cubic feet of any other timber,
shall be deemed one ton weight, and so in proportion for any smaller quantity.
Schedule D.
Note.- Schedule D. referring to the purchase of lands under section 70, is
omitted as unimportant now . For such schedule see The Ordinances
of Hongkong published in 1891 , Vol. III. p. 1735.
Schedule E.
This suit is brought for the purpose of ascertaining the compensation to be
paid by the company for the interest of (the vendor or other assuring or
releasing party) is ( name the nature of the interest) in (describe the premises
required by the company ) under the provisions of the Tramways' Ordinance,
1883.
Schedule F.
Form of conciction .
Ilongkong Be it remembered that, on the day of
to wit . } in the year of Our Lord 18 > (A.B. ) is convicted before
( C.D. ) a Magistrate for the Colony of Hongkong, (here describe the offence
generally and the time and pluce when and where committed ) contrary to the
Tramways' Ordinance, 1883.
Given under my ban and seal the day and year first above written .
C. D.
Confirmation procluimed 3rd November, 1883. )
Orler of the Governor in Council of the Ith March, 1885, under the provisions
of section 4 , as amended by section 2 of the Tramways Ordinance
Amendment Ordinance, 1883. ( Gazette 7th March, 1885.)
Whereas the promoters, as defined by section 3 of the Tramways Ordinance,
1883, desire and propose to grant to the Jovourable PHNEAS RYRIE and
ALEXANDER FINDLAY SMITII, their executors, administrators and assigns,
the right to construct and maintain the tramway, numbered six, in the said
Tramways Ordinance, 1883, and thereby authorised to be made, and all the
privileges thereby conferred, in so far as the said PuuxEAS RyRue and
ALEXANDER FINDLAY SJith or either of them , their, or any or either of their
csecutors, administrators, or assigns may desire to exercise the same in respect
of or regard to the said tramway numbered six in the said Tramways
Ordinance, 1883, (but saving an excepting unto the promoters and the
survivors and surivor of them and their and luis assignees or assigned the
TRAMWAYS, 6 OF 1883. ] 089
privileges by the said Tramways Ordinance, 1883, conferred in so far as the
promoters or the survivors or survivor of them or their or his assignees or
assignee may desire to exercise the same in respect of or regard to the
tramways numbered 1 , 2, 3 , 4 and 5 in the said Tramways Ordinance, 1883 ):
and whereas the proposed grant has been submitted for the assent and approval
of the Governor in Council under the provisions of section 4 of the Tramways
Ordinance, 1883 , as amended by section 2 of the Tramways Ordinance
( * Ord. No. 18
Amendment Ordinance, 1883, * and is in the terms following that is to say: of 1883. )
“ This indenture made the day of one thousand
eight hundred and eighty - five between Francis BULKELEY Johnson
formerly of Victoria in the Colony of Hongkong but who is now residing
in Great Britain Esquire the Honourable FREDERICK DAVID SASSOON
of Victoria aforesaid CHARLES Vincent Suru formerly of Victoria
aforesaid but now of Shanghai in the Empire of China Esquire and
Willian KerFoot IIUGHES of Victoria aforesaid Esquire (who are
all hereinafter referred to as the Promoters ') of the one part and the
Ilonourable PHINEAS RYRIE of Victoria aforesaid and ALEXANDER
FINDLAY Suti of Victoria aforesaid merchant (who are both hereinafter
referred to as “ the Purchasers ') of the other part Whereas by the
Tramways Ordinance 1883 it was amongst other things enacted that
( section 3) the promoters or the survivors or survivor of them should
be the promoters for the purposes of that ordinance and were thereinafter
referred to as the promoters and that ( section 4 since repealed ) when
and so soon as that ordinance should have come into operation as
thereinafter provided (but not before) the promoters might with the
assent avd approval of the Governor in Council and in manner therein
mentioned assign and absolutely dispose of any one or more of the
tramways thereby authorised to be constructed and all and every the
assignees or assignee for the time being from the promoters whether a
corporate body or not were and was thereinafter included in the expression
and referred to as the company and in the said reciting ordinance more
particularly mentioned and described the tramways which were thereby
authorised to be made and constructed the powers for construction thereof
the provisions for the protection of gas and water companies and of
sewers drains water-courses and subways the powers to sell lease and
mortgage and the other powers and provisions therein more particularly
mentioned and set out and in particular it was thereby enacted that
( inter alia ) if the company did not within three years after the time at
which they might under that ordinance have commenced the construction
of any one or more of the tramways thereby authorised and complete and
open the same for public traffic or if within one year after ihe time
aforesaid the construction of any one or more of such tramways was not
in the opinion of the Governor in Council substantially commenced the
powers thereby given to the company for constructing such tramways
so not completed or commenced or otherwise in relation thereto should
cease to be exercised unless the time were prolonged by the Governor
in Council And it was thereby also enacted that (section 145) that
ordinance should not come into operation until Her Majesty's confirmation
thereof was proclaimed by the Governor And whereasby a proclamation
dated the third November one thousand eight hundred and eighty -three,
and published in the Hongkong Government Gazette of the saine date
under the hand of His Excellency Sir GEORGE FERGUSON BOWEN
Knight Grand Cross of the most Distinguished Order of St. Michael
and St. George Governor and Commander -in -Chief of the Colony of
Ilongkong and its Dependencies and Vice- Admiral of the same and the
Seal of the said Colony of Ilongkong after reciting that a despatch had
been received from the Right Honourable the Earl of DERBY Her
Majesty's Principal Secretary of State for the Colonies conveying to
690 TRAMWAYS .
[6 OF 1883. ]
him ( the said Sir George Ferguson Bowen ) Her Majesty's gracious
confirmation and allowance of ( inter alia ) the said recited ordinance it
was by the now reciting proclamation proclaimed that (inter alia ) the
said ordinance had been so confirmed and allowed as aforesaid And
whereas by the Tramways Ordinance Amendment Ordinance 1883 after
reciting that a doubt had arisen as to the powers conferred upon the
promoters for the purposes of the Tramways Ordinance 1883 under
section 4 of the said ordinance and that it was desirable to remove such
doubt it was enacted that ( section 2 ) the Tramways Ordinance 1883
was thereby amended by repealing section 4 and by inserting in lien
thereof the section following:
* ***
( Here follous sec
tion 4 as in the
ordinance. )
“ And it was also enacted that (section 3 ) that ordinance should com
mence and take effect on the first Jamary one thousand eight hundred
and eighty -four And whereas on the eighth October one thousand eight
hundred and eighty -four ( the construction of any one or more of the
said tramways not having been then substantially commencel) an appli
cation was made to the Governor in Council for an extension of the time
allowed by the said Tramways Ordinance 1883 for the substantial com
mencement of the construction of all the tramways authorized by the
ordinance in the words and figures following that is to say-
“ « T., 35 Queen's Road Hongkong 8th October 1884 Sir By
the Tramways Ordinance 1883 section 26 it is provided that if
within one year after the time at which the company might under
that ordinance have commenced the construction of any one or more
of the tramways the construction of any one or more of such tram
ways is not in the opinion of the Governor in Council substantially
commenced the powers thereby given to the company for construct
ing such tramways so not commenced or otherwise in relation
thereto shall cease to be exercised unless the time be prolonged by
the Governor in Council and section 145 enacted that the ordinance
was not to come into operation until Her Majesty's confirmation was
proclaimed by the Governor This confirmation was proclaimed on
the 3rd November 1883 consequently the first year of the concession
has nearly expired On the 29th July last a company was duly
formed and registered for the purpose of acquiring and taking over
with the assent and approval of the Governor in Council from the
four promoters named in the Ordinance the right to construct and
maintain all or any of the tramways numbered 1 2 3 4 and 5 in the
ordinance and all the privileges thereby conferred in so far as the
company might desire to exercise the same in respect of the said
tramways numbered 1 2 3 4 and 5 (but saving and excepting unto
the said four promoters the said privileges in so far as they might
desire to exercise the same in respect of the tramway numbered six
in the said ordinance ) without paying any valuable consideration
therefor and upon such terms and conditions as the said four pro
moters should think fit. The capital of the company was $ 500,000
divided into 10,000 shares of $50 each The company was duly
advertised and subscriptions for shares invited up to the end of the
month of September last The amount of subscriptions however did
not come up to the company's expectations and was not sufficient
to float the company successfully The causes of this are not far to
seek They arise no doubt from the present state of affairs between
France and China and the deplorable depression of trade which is
now existing In fact there could probably be no worse time than
the present for floating the undertaking Under these circumstances
TRAMWAYS. [ 6 of 1883.] 091
we are requested to apply on behalf of the company for the consent
of the Governor in Council to the extension for the period of 12
calendar months of the time allowed by the ordinance for the
substantial commencement of the construction of all the tramways
authorized by the ordinauce We have the honour to be Sir Your
obeclient servants - BRERETON WOTTON & Deacon The Honourable
FREDERICK STEWART LL.D., Acting Colonial Secretary ?"
“ And whereas to the said application a reply was received in the words
and figures following that is to say
* No. 1434 Colonial Secretary's Office Ilongkong 13th October
1884 Gentlemen I have the honour by direction of Ilis Excellency
the Officer Administering the Government to acknowledge the
receipt of your letter of the 8th instant applying on behalf of the
tramways company for permission to extend to 12 months the time
for commencing the construction of all the tramways anthorized by
Ordinance 6 of 1883 In reply I am to inform you that the Governor
in Council bas been pleased to grant your application I have the
honour to be Gentlemen Your most obedient servant - FREDERICK
STEWART Acting Colonial Secretary Messrs. BRERETON WOTTON
& DEACON
66
“ And whereas the purchasers lately applied to the promoters to grant to
them the right to construct and maintain the tramway numbered six in
the said Tramways Ordinance 1883 and thereby authorized to be made
and all the privileges thereby conferred in so far as the purchasers might
desire to exercise the same in respect of or regard to the said tramways
numbered six (but saving and excepting unto the promoters and the
survivors and survivor of them and their and his assignees or assignee
the privileges by the said Tramways Ordinance 1883 conferred in so far
as the promoters or the survivors or survivor of them or their or his
assignees or assignee might desire to exercise the same in respect of or
regard to the tramways numbered 1 2 3 4 and 5 in the said ordinance) at
or for the sum of two thousand dollars which the promoters ( subject to the
assent and approval of the Governor in Council being obtained) agreed
to do AND WHEREAS on the 26th January last an application on behalf
of the promoters and of the purchasers was made to the Governor in
Council in the words and figures following that is to say
" " T., 35 Queen's Road Hongkong 26th January 1885 Sir
We have the pleasure to inform His Excellency that the promoters
of the tramways authorized to be made by the Tramways Ordinance
1883 propose forth with to assign to the Ilonourable Phineas Ryrie
and Mr. ALEXANDER FINDLAY Sutii of this City the Peak train
way and all the privileges to it belonging to which assignment the
assent and approval of the Governor in Council is by the Tramways
Ordinance Amendment Ordinance 1883 required to be obtained
before the assignment can be effectuated On behalf of the promoters
we have the lionour now to apply (in the terms of ihe accompanying
draft Order in Council) for such assent and approval and beg to
state that it is framed on lines in all respects similar to those on
which the former draft Order in Council relating to the low level
tramways was framed and which draft order was approved of by
the Governor in Council As will no doubt be remembered on the
8th October 1884 we applied on behalf of the proposed tramway
company for the consent of the Governor in Council to the exten
sion of the time for substantially commencing the construction of
all the tramways wbich consent was granted That corsent having
been granted to the company Messrs. Ryrie and Smith now
692 TRAMWAYS .
[ 6 OF 1883.]
request is to apply on their behalf for the formal assent of the
Governor in Council to the extension for the period of 12 calendar
inonths of the time allowed by the Tramway Ordinance 1883 for the
substantial commencement of the construction of the tramway mum
bered six in the ordinance being the Peak line and we beg to apply
for such consent accordingly if it is granted the enclosed draft
Order in Council will require some small verbal amendment which
we should be happy to effect if so desired We bave the honour to
be Sir your obedient servants Wotton & DEACON The Ilonourable
W. H.Marsh C.M.G., Colonial Secretary.' ”
“ And whereas to the said application a reply was received in the words
and figures following that is to say :
" No. 141 Colonial Secretary's Office IIongkong 11th February
1885 Gentlemen In reply to your letter of the 26th ultimo I an
directed to inform you that the Governor in Council has been pleased
to assent and approve of the assignment by the promoters of the
tramways authorised by Ordinance 6 of 1883 10 Messrs. P. RYRIE
and A. FINDLAY SMIti of the privilege of constructing tramway
number six ( leak Line) The Governor in Council bas also been
pleased to approve of the extension for the period of 12 calendar
months of the time allowed by the Tramways Ordinance 1883 for
the substantial commencement of the construction of this tramwav
As requested I am to return herewith the draft Order in Comcil for
the necessary amendment as suggested by you I am to add that
the exteusion of time granted in the letter from this office No. 1431
of the 13th October last is so far as the construction of trainway
number six is concerned hereby revoked I have the lionour to be
Gentlemen your most obedievt servant - W . H. MARSH Colonial
Secretary Messrs. W'OTTON & DEACON:" "
“ And whereas the said assent and approval of the Governor in Council
to the grant hereby made has now been duly given by a formal Order in
Council Now This Indenture Witnesseth that in pursuance of the said
agreement and in consideration of the sum of two thousand dollars to
the promoters now paid in equal proportions by the purchasers ( the
receipt whereof the promoters do and each of them doth hereby acknow
ledge ) they the promoters do and each of them doth hereby grant to the
purchasers their executors administrators and assigns all that the right
to construct and maintain the said tramway vumbered six in the said
Tramways Ordinance 1883 and thereby authorised to be made and all
the privileges thereby conferred in so far as the purchasers or either of
them their or any or either of their executors administrators or assigus
may desire to exercise the same in respect of or regard to the said tram
way numbered six ( but saving and excepting into the promoters and
the survivors and survivor of them and their and his assignees or assignee
the privileges by the said Tramways Ordinance 1883 conferred in so far
as the promoters or the survivors or survivor of them or their or his
assignees or assignee may desire to exercise the same in respect of or
regard to the tramways numbered 1 2 3 4 and 5 in the said Tramways
Ordinance 1883 ) to have and to hold the said premises hereby granted
into the purchasers their executors administrators and assigns in equal
undivided moieties as tenants in common and not as joint tenants for all
the estate and interest of the promoters and each of them therein And
each of them the promoters doth hereby for himself his beirs executors
and administrators covenant with each of them the purchasers his exe
cutors administrators and assigns respectively that notwithstanding any
thing by them the said respective covenanting parties respectively done
TRAJIWAYS . ( 6 or 1883. ] 693
omitted or knowingly suffered they the promoters now have power to
grant all the said premises bereinbefore granted in manner aforesaid free
from incumbrances And that all the sail premises may be quietly entered
into and held and enjoyed by the purchasers and each of them their and
each and every of their executors administrators and assigns without
any interruption by the promoters or any person claiming through or in
trust for them or any or either of them And that they the promoters
and the survivors or survivor of them and every person lawfully claim
ing through or in trust for them or him will at all times at the cost of
the purchasers or one of them their or some or one of their executors
a :lministrators or assigns execute and do all such assurances and things
for further or better assuring all or any of the said premises into the
purchasers their executors alministrators and assigns as by them shall
be reasonably required In witness whereof the said parties hereto have
hereimto set their hands and seals the day and year fir- t above written
Received the day and year first above written of and from the above
nameil Phineas Ryrie and ALEXANDER FINDLAY Sutil the sum of
two thousand dollars being the consideration money above expressed to
be paid by them to us "
Now, it is ordered that the assent and approval of the Governor in
Council be given an :l sucli a - sent and approval is hereby given to the said
proposed grant.
Notification by the Governor in Council under section 25, made and
gazetted 2011 May, 1885 .
Whereas the Survevor General has certified that the tramway described
as tramway No. 6 in sectiou 5 of The Tramways Ordinance, 1883, is fit for
public traffic, it is hereby notified that the same is anthorised, and the same
is hereby authorised to be opened for such traffic.
Note.-- The tramway was closed to public trafic from the end of May to the
26th July, 1889, owing to repairs necessitated by storm damage.
Notification by the Governor in Council under section 25, made and
gazetted 26th July 1889 .
Whereas the Surveyor General has certified that the tramway described a
tramway No. 6 in section 5 of the Tramunys Ordinance, 1883, is fit for
public traffic, it is hereby notified that the same is authorised and the same
is hereby authorised to be opened for such traffic.
691 [ 6 of 1883. ] TRAMWAYS.
Regulations of the 10th day of December, 1889, unler section 12,
gazettel the 21st December, 1889.
Application . 1. These regulations sball apply to the high level tramway described as
tramway No. 6 in The Tramways Ordinance 1883 and the expression the
company shall mean the Hongkong High Level Tramways Company Limited .
Number of
passengers to be
2. No passenger carriage of the company now in use shall carry at one
carried on tram
cur .
time more than forty passengers, but in reckoning the number of passengers
two children under the age of 12 years not in arms shall count as one pas
senger and babies in arms and the servants of the company not exceeding
two in number actually employed on any such carriage shall not be included .
Luggage, only to
be carried on
3 The weight of any luggage goods or merchandize of any description
passenger car , whatever conveyed by any passenger carriage together with the weight of
under certain
conditions. the passengers in such carriage (who for this purpose shall be held to weighi
140lbs. each ) shall not exceed 2 tons. Nor shall any luggage goods or
inerchandize be conveyed in any truck or waggon attached to any passenger
carriage.
No stoppage
for passengers
4. Except at the terminus at St. John's Place and at Victoria Gap, no
except at
authorised
carriage shall stop at any place nor shall any place be used for the purpose
stations. of taking up or depositing passengers unless such place has been certified by
the Surveyor General as safe and suitable for the purpose, and any such place
when so certified shall be kept and maintained by the company in constant
good order and condition .
Watchmen to be
employed to
5. The company shall keep one or more competent watchmen employed
prevent obstruc
tions,
at all times when the carriages are running to prevent any stones dirt wood
refuse or other materials or any obstruction from being placed on the per
manent way and rails and to remove any such materials or obstructions
therefrom .
Time of inspecto
and testing 6. The carriages trucks and waggons of the company and the machinery
corrcarriages en therein now in use shallhereafter be inspected and tested by the Surveyor
ofmachinery & c. General or any officer or officers appointed for the purpose by the Governor
( add. Reg. 16th in Council in the month of January in every year and the engines ropes and
March, 1891.)
other machinery of the tramway shull be also inspected and tested as afore
said every year .
Notice of altera 7. The company shall give one month's notice in writing to the Surveyor
tions or changes . General of every intended change or alteration of or in any engineor carriage
used on the said tramway or any machinery therein or of or in the permanent
way and rails and the Surveyor General may if he think fit require the same
to be tested and may where the circumstances of the case permit allow any
such change or alteration to be made prior to the expiration of such notice
as aforesaid .
Velocity of 8. Vo carriage truck or waggon shall travel ut a greater speed than 8
carriages.
( Add. Reg. 26th miles an hour and the company shall as soon as practicable and not later
June, 1890.) than six months from the date of these regulations fix and maintain a proper
brake for the propose of regulating the speed thereof.
Penalty for 9. Every breach of any of these regulations shall be an offence against the
breach
tions of regula- said ordinance and shall render the company liable to a penalty not exceeding
$ 10 and for any continuing offence to a penalıy not exceeiling $ .5 for every
dar during which the offence continues ,
695
MEDICAL REGISTRATION . ( 6 of 1881.)
No. 6 OF 1887.
An Ordinance entitled The Medical Registration Ordi
nance , 1881.
[ 2nd April, 1884. ]
* * *
1. This ordinance shall commence and come into operation Commence
ment of
on the 5th day of April, 1881. ordinance .
2. This ordinance shall not operate to limit the right of Ordinance
Chinese practitioners to practice medicine or surgery or to notapplicable
receive demand or recover reasonable charges in respect of such practitioners.
practice.
3. The Colonial Secretary shall keep a register of medical Colonial
Secretary
and surgical practitioners qualified to practise medicine and keep to
register.
surgery in this Colony.
The register shall be, as nearly as may be, according to form
wl in the schedule to this ordinance.
4. A copy of the register shall be published by the Colonial Copy of
Secretary in the Gazette of the 3rd day of May, 1881 ; and registertobe
thereafter a copy of the register, as it stands at any such time, theGazette.
shall be published by the Colonial Secretary in the first Gazette
issued after every succeeding 3rd day of May.
Any copy of the Gazette containing the most recent copy of
the register shall be primâ facie evidence in all legal proceedings
that the persons therein specified are registered under this
ordinance ; and the absence of the name of any person from
such copy shall be primâ facie evidence that such person is not
registered under this ordinance.
5. The Colonial Secretary shall keep the register correct in Alterations
accordance with the provisions of this ordinance, and make may bemade
from time to time the necessary alterations in the addresses or gister.
qualifications of the persons registered under this ordinance,
and cancel in the register the names of all persons registered
under this ordinance who have died or ceased to be qualified.
The Colonial Secretary may write a letter to any registered
person addressed to him according to his address in the register
to inquire whether he has changed his residence, and if he does
not receive an answer to such letter withinsix months after the
sending thereof, he may cancel in the register the name of such
person .
690 6 of 1881. ] MEDICAL REGISTRATION .
Registeret
persons
6. Every person registered under this ordinance or entitled
entitlel to to the benefit of section 20 of this ordinance, shall be entitled
practise and
to demand to practise medicine and surgery in this Colony, and to demand
charges. and recover reasonable charges for medical or surgical aid rend
ered by such person, and the costs of medicines or surgical
appliances supplied by him .
Unregistered
persons
17. No person shall be entitled to recover in any action any
cannot
recover
charge for any practice of medicine or surgery after the 3rd day
charges. of May, 1884, by any person not either registered under this
ordinance or entitled to the benefit of section 20 of this ordi
nance .
Interpreta
tion of terms. 8. The worils " legally qualified medical practitioner,” or
“ duly qualified medical practitioner," or any words importing
a persou l'ecognised at law as a practitioner in medicine or
surgery, or as any kind of a member of the medical profession ,
where used in any ordinance, shall be construed to mean a
practitioner registered under this ordinance.
Certificate of
unregistered 9. No certificate signed after the 3rd day of May; 18811984 ,
person void . which certificate is , by any act or ordinance, required to be
signed by a physician, a surgeon, an apothecary, or any other
medical or surgical practitioner, shall be valid unless the person
signing it be registered under this ordinance.
The Medical
Board .
10. A board to be stylel the Medical Boaril shall be estab)
Jished under this or linance and shall consist of the Senior Mili
tary and Naval Medical Officers for the time being in the Colony,
and any two registered medical practitioners and any three
other fit persons willing to accept the appointment who may
be from time to time thereto appointed by the Governor. Mem
bers appointed by the Governor shall hold office for 3 years and
no longer unless re-appointed by the Governor and may be
removed by the Governor at pleasure. Three members of the
board shall form a quorum .
The board shall consider and report upon all matters laid
before it under sections 13 or lt of this ordinance as therein
provided .
Production of
certain
11. Any person claiming to be entitled under the Acts of the
papers United Kingdom 21 and 22 Victoria, chapter 90, and 31 and
necessary
before regis 32 Victoria, chapter 29 , to be registered in Hongkong under
tration , this ordinance, shall be so registered upon producing to the
('olonial Secretary, in proof of his title thereto, a declaration,
according to the form B in the schedule to this ordinance, made
by him before any Justice of the Peace,and impressed with a stamp
for duty, by way of registration fee, of $5 : provided that the
name of such person appears in “ The Medical Register" then
MEDICAL REGISTRATION . [ 6 or 1884.] 697
most recently published under the Act of the United Kingdom ,
21 and 22 Victoria, chapter 90 , or lie produces to tlie Colonial
Secretary a certified copy of the entry of his name in the general
register or in any branch register of the United Kingdom ,
signed by the Registrar of the General Medical Council or of
any Branch Council of the United Kinglom .
12. Any medical or surgical practitioner who pursuant to law , Persons
is registered as such and entitled accordingly to certain privileges Colonies in
registered
in practising medicine or surgery, according to his qualifications entitled to
in any one or more of the provinces of the Dominion of Canada, be registered
or in any other British Colony other than Hongkong, shall,
upon proof tbereof, be entitled to be registered accordingly
under this ordinance. Documentary evidence of his being thus
lawfully registered in such other Colony may be submitted to
the Colonial Secretary by any such practitioner who wishes to
be registered in Tiongkong. If the Colonial Secretary is
satisfied that such evidence establishes sufficient proof of the
registration in such other Colony and of the identity of the
applicant, he shall give to the practitioner a certificate to
that effect , according to the form C in the schedule to this
ordinance and, upon the applicant returning the same to him
duly impressed with a stamp of $ 5 for duty by way of regis
tration fee, shall register him accordingly under this ordinance.
If the Colonial Secretary is not satisfied , he shall submit the
case to the Governor in Council for decision as to whether
he sball or shall not give such certificate, and such decision
shall be final.
13. Any medical or surgical practitioner holding a diploma, Persons holl
a licence , or a certificate of any kind concerniug his professional ing diplomas
qualifications granted to him by any University or by any be registered .
College or Faculty of Physicians or Surgeons, after and in
consequence of bis having passed through a course of study and
examination as thorough and sufficient as is the mininum course
in any like case approved by Her Majesty's Most Honourable
Privy Council, under section 21 of the Act of the United
Kingdom , 21 and 22 Victoria, chapter 90, shall, upon proof
that such diploma, licence, or certificate was so granted, be
entitled to be registered accordingly under this ordinance.
Documentary or other evidence of his identity, and of the fact
that such diploma, licence, or certificate was so granted may,
together with his diploma, licence, or certificate, be submitted
to the medical board by any practitioner who wishes to be so
registered and such evidence shall, without delay, be taken fully
and fairly into consideration by the board . If the board :re
satisfied that the evidence establishes sufficient proof that
the practitioner has passed through a course of study and
093 6 OF 1884.] MEDICAL REGISTRATION .
esaninations as aforesaid, they shall give to such practitioner
a certificate to that effect , according to the form . D in the
schedule to this ordinance, and such certificate when impressed
with a stamp for duty by way of registration fee of $ 25 shall
be to the Colonial Secretary authority for registering the
practitioner accordingly. If the board are not satisfied , they
shall submit the case, with a full report of their opinions about
it, and of the grounds on which those opinions are based , to the
Governor in ('ouncil, for decision as to whether they shall or shall
not give the certificate as aforesaid ; such decision shall be final,
and, if in the applicant's favour, shall entitle him to have given
to him such a certificate as aforesaid .
Striking off 14. If any practitioner registered under this ordinance is
the register .
convicted of any felony or misdemeanour,or, after due inquiry,
is considered by the medical board to have been guilty of
infamous conduct in any professional respect, the medical board
may, if they think fit, inform the Colonial Secretary thereof
stating the particulars of the case in full, and the Colonial
Secretary may thereupon if he thinks fit , strike the name of
such practitioner off the register.
Appeal to 15. All questions respecting the right of any person to be
Governor in
Council. registered, or the mode of registration, or the liability of any 1
person to be struck off the register, and all questions respecting
any alteration of the register, shall, in case of dispute, be
decided, subject to an appeal to the Governor in Council. If
there is no such appeal, the order, direction , or decision shall be
final. If there is such an appeal, the decision of the Governor
in Council shall be final, and he may give all such directions
to the Colonial Secretary as may be necessary for enforcing
such decision .
Making a
false declara
16. Any person who wilfully makes before any Justice of
tion . the Peace any false declaration , purporting to be a declaration
under this ordinance, shall be guilty of perjury.
Fraudulent
registration.
17. If any person fraudulently procures or attempts to
procure himself or any other persou to be registered under this
ordinance by making or producing, or causing to be made or
producerl, any false or fraudulent representation or declaration,
either orally or in writing, he and every person aiding and
assisting himn therein shall be guilty of a misdemeanour, and
shall, on conviction thereof, be liable to be imprisoned , with or
without hard labour, for any term not exceeding two years.
Penalty on 18. Any person who after the 3rd day of May, 1884, wil
unregistered
persons. fully or falsely takes or uses in this Colony any name or title or
addition , implying a qualification to practise medicine or surgery ,
or who not being either registered under this ordinance or
MEDICAL REGISTRATION . [ 6 of 1851.] 699
entitled to the benefit of section 20 of this ordinance practises
for gain or professes to practise or publishes his name as practising
medicine or surgery or receives any payment as practising
medicine or surgery, shall be liable for each offence, on summa
ry conviction before a Police Magistrate, to a penalty not ex
ceeding one hundred dollars.
19. All civil medical officers and all medical officers of Her Civil, Army
Navy
Majesty's Army and Navy, respectively serving in Hongkong Medicaroni
on lull pay, shall be deemed to be registered under this ordinance. registered
cers,deemed
.
20. Any person actually practising medicine or surgery in Persons
the Colony at the date of the commencement of this ordinance practising
actually and
and objecting to be registered under its provisions who before objecting to
the 3rd day of May, 1884, satisfies the Colonial Secretary that be registered.
he was so practising shall be deemed to be a person entitled to
thebenefit of this section .
The Colonial Secretary shall publish aa list of the names of all
such persons in the Gazette of the 3rd day of May,1881, and a
1
copy of the said Gazette shall be primâ facie evidence in all
legal proceedings that the persons therein specified are persons
entitled to the benefit of this section and the absence of the
name of any person from such copy shall be primâ facie evidence
to the contrary .
Form A.
Persons qualified to practise medicine and surgery.
Nature of Date of
Name. Address.
qualification. qualification.
Form B.
I, 4.B., residing at
do hereby
declare, that I am a member ( or as the case may be) of (here state the college,
faculty , ur society) and was authorised by such (here state the college, faculty ,
or society which gave the authority ) on the day of
18 ?
to practise medicine and surgery, and that I am by the name of
A.B., July registered in the United Kingdom under the provisions of the
Act 21 and 22 Victoria , chapter 90, as qualified to practise medicine and
surgery .
Signed A. B.
Declared before me this day of 18 .
C.D., Justice of the Peace,
1
700 [ 6 of 1881. ] MEDICAL REGISTRATION .
1 17 or 1881.] SIIERIFF'S DUTIES.
Form C.
I , 41.B., Colonial Secretary, do hereby certify that C.D. bas satisfied me
that he is a medical practitioner, registered as such , and entitled to practise
medicine and surgery in (name of Colony ), and I give this certificate accord
ingly wider section 12 of the Medical Ordinance, 1884.
Date this dav of 18
A. B.,
Colonint Secretary .
Form D.
We, the medical board , lo hereby certify that A.B. has satisfied us that
he is a medical practitioner, holding a diploma (or as the case may be)
( granted to him by as the case may be) in consequence of his having passed
through a course of study and examinations as thorough and sufficient as is
the minimum course in such a case approved by Her Majesty's Most Honour
able Privy Council under section 21 of the Act of Parliament 21 and 22
Victoria , chapter 90 , and we give this certificate accordingly under section
13 of the Melical Ordinance, 1881.
Dated this vlay of 18
( To be signed by a majority of the Boarvil ).
3
No. 17 OF 1887.
An Ordinance to make provision for certain duties
formerly attaching to the Office of Sheriff,
[ 10th June, 1881.]
HEREAS on account of the abolition of the office of
W sheriff it is necessary to make provision for the
performance of certain duties in connexion with the execution
of criminal sentences formerly attaching to the said office. **
Superintendl. 1. All such duties, in relation to theexecution of any sentence
ent of the
gaol entrust . or judgment imposed or awarded by any court or judge
ed with the exercising criminal jurisdiction in this Colony, as attached to
duties of
sheriff, the oflice of sheriff at the time of the passing of Ordinance 22
of 1882 , and in respect of which no otlier provision has been
made at the time of the passing of this ordinance, shall from
and after the passing of this ordinance be attached to the office
of Superintendent of Victoria Gaol, and shall be discharged by 1
1
the person for the time being acting in that office or his lawful
deputy.
701
PIERS AND WILARVES ( Jonsson's ). [ 18 or 1881. ]
No. 18 OF 1887 .
An Ordinance to authorise FRANCIS BULKELEY JOHN
son to construct piers and wharves in the harbour of
Victoria, and to confer upon the said FRANCIS BUL
KELEY Johnson certain other powers and privileges.
[ 12th June, 1881.]
W HEREAS
! Hongkong,FRANCIS BULKELEY Jonssox, of Victoria, Prcamble.
merchant, is desirous of constructing, witli
the consent of the Crown, piers and wharves in the harbour of
Victoria , for purposes in relation to the loading, discharging ,
and storing of cargo ; and whereas the said Francis BULKELEY
Johnson has applied to the Government of the Colony, to
confer upon him the necessary powers for carrying out the
construction of such piers and wharves, by means of a public
ordinance, and it is expedient that suuh an ordinance should be
granted to the said Francis BULKELEY Joussos, under and
subject to the conditions, restrictions and provisions hereinafter
contained : *
1. It shall be lawful for the said Francis BULKELEY Jonsson Power to
liis executors, administrators or assigns, to construct and wharves
constructand
maintain for his and their exclusive use, wharves between high piers.
and low -water mark , and piers extending into the harbour of
Victoria at and from any part or parts of that portion of the
public Praya which lies directly opposite to the pieces or parcels
of ground registered in the Law Office of the Colony, ils
Marine Lots 95, 96, 97 and 98 respectively, which wharves
and piers and the works in connection therewith authorised by
this ordinance are hereinafter referred to as the undertaking.
2. The said wharves and piers shall be constructel in Plans and
accordance with plans and specifications to be approved by the specifications,
Governor in Council and shall be so constructed as to secure
that the free passage of vessels along the harbour is not unduly
interfered with .
3. The said FRANCIS BULKELEY JOHNSON his executors, Alterations
and additions.
administrators or assigns may , from time to time, make any
alterations in , or additions to, the said wharves and piers,
provided the same be in accordance with plans and specifications
to be approved by the Governor in Council.
4. It shall be lawful for the said Francis BÜLKELEY Jonsson Power to
liis executors, administrators or assigns, from time to time to tramwa
landownys.
lay down, maintain, and renew sunken and overhead tramways,
702 [ 18 OF 1884. ] PIERS AND WHARVES ( Johnson's ).
or either of such tramways from the piers and wharves, across
the Public Praya connecting the wharves and piers with the
premises of the said Francis BULKELEY JOHNSON his executors,
administrators or assigns, situated on the Marine Lots aforesaid
or adjoining the same . Provided that all such tramways shall
be laid in accordance with a specification to be approved by the
Governor in Council, and that the laying and maintaining
thereof and the necessary works in connection therewith shall
be conducted in such manner, and subject to such conditions
as the Surveyor General for the time being may require.
Lights. 5. The said Francis BULKELEY Joixson his executors ,
administrators or assigns shall cause to be affixed on the said
wharves and piers, and to be exhibited from sunset to sunrise,
such lights as the Harbour Master may from time to time
direct .
Prevention 6. The said FRANCIS BULKELEY Jonsson his executors,
&c
of silting, &c. administrators or assigns shall take such measures as the Gov
ernor in Council may require to prevent silting or the accumu
lation of mud , sand , or other matter around the wharves and
piers, and shall conform to such regulations as the Governor
in Council may deem it expedient to make from time to time
for the purpose of preventing obstruction to the traffic of the
Praya.
Proceeding 7. In the event of the said FRANCIS BULKELEY Johnson his
on non -pre
vention of
silting, & c .
executors, administrators or assigns making default in com
plying with the provisions in the last preceding section relating
to the prevention of silting, or accumulation of mud, sand, or
other matter around the wharves or piers, the Governor in
Council, if satisfied after due enquiry made that the said FRANCIS
BULKELEY JOHNSON his executors, administrators or assigns,
has or have been guilty of the alleged default, shall make an
order to be served on the said Francis BULKELEY JOHNSON his
executors, administrators or assigns, limiting a time for the
performance of his or their duty in that behalf, and if such duty
is not perforined by the time limited by the order, the Governor
in Council shall appoint some person or persons to perform the
same, and shall by order direct that the expenses of performing
the same, together with aa reasonable remuneration to the person
or persons appointed for superintending such performance, and
amounting to a sum to be specified in theorder, together with
the costs of proceedings ( if any) shall be paid by the said
Francis BULKELEY Johnson his exccutors, administrators or
assigos, and any order made for the payment of such expenses
and costs may be removed into the Supreme Court, and may
be enforced in the same manner as if the same rere an order
of such Court.
PIERS AND WHARVES ( JOnsson's ). [ 18 of 1884.] 703
8. All vessels belonging to, or engaged in the service of Her Priority of
Majesty's Government shall have priority of use of the wharves use toQueen's
ships
and piers at the ordinary current rates for mercantile vessels,
without prejudice to the rights of other vessels actually using
the wharves or piers, and all other vessels shall bave the right
of using the wharves and piers at the current rates in order of
priority of application subject nevertheless to any rules and
regulations which may be made under the provisions of section
9 of this orclinance.
9. It shall be lawful for the said Francis BULKELEY JOHNSON Powers to
make rules
his executors, administrators or assigns, from time to time to and regula
make such rules and regulations as may be necessary for the tions.
use and duc maintenance of the wharves and piers and tram
ways in connection therewith . Provided always that no such
rules and regulations, nor any repeal or variation thereof, shall
come into force until the same shall have been approved by the
Governor in Council, and shall have been published in the
Gazette .
10. Every person who shall commit a breach of any of the penaltyoffor
rules and regulations made in pursuance of this ordinance, shall, breach
bulesand
on summary conviction thereof before a Magistrate, be liable to regulations.
a fine not exceeding fifty dollars.
11. In all proceedings before any Court, the rules and regu. Proof of rules
lations in force for the time being under this ordinance, shall andregula
tions.
be sufficiently proved by the production of a copy of the Gazette
in which the same shall be published and contained.
12. If the said Francis BULKELEY JOHNSON his executors, Governor in
administrators or assigns shall fail to make or vary such rules make
Councilrules
may
and regulations, as in the opinion of the Governor in Council and regula
are requisite for the protection of the rights of the inhabitants certain
tionsin event.
of the Colony, and for the prevention of injury to navigation ,
the Governor in Council shall make an order to be served
upon the said FRANCIS BULKELEY JOHNSON his exccutors,, admin
istrators or assigns, limiting a time for the making or varying
of such rules and regulations, and if such rules and regulations
are not made or varied by the time prescribed in such order,
the Governor in Council may make or vary such rules and
regulations, which when made,or varied, and published in the
Gazette, shall have the same force and effect as if they were
specially enacted herein .
13. The said FRANCIS BULKELEY JOHNson his executors, Rules and
administrators or assigns shall, froin time to time, cause to be regulations
be painted to
painted on boards, or to be printed and attached in large and and exhib
legible characters in English and Chinese, a statement of the ited..
rules and regulations in force and a list of the several rates for
1
1
1
704 [ 18 OF 1881. ] PIERS AND WHARVES ( Johnson's ).
the time being payable and shall cause such boards containing
such statement and list to be fixed on some conspicuous part
of the wharves or piers and no rate shall be payable during such
time as such list is not so affixed nor shall any rate not specified
in such list be payable. Provided that if any such statement
or list be destroyed, injured or obliterated the rates shall con
tinue payable during such time as may be reasonably required
.
for the restoration or reparation of sneh list in the same manner
as if such statement and list had continued affixed and in the
state required by this ordinance.
Power to
Governor in
14. If at any time before the completion of the works, the
Council to said FRANCIS BULKELEY JOISSon his executors, administrators
abate and
remove works or assigns shall fail to proceed therewith for a period of six
in certain months, or after the completion thereof shall disuse the same, or 1
events .
any part thereoffor six months, without affording to the Governor
in Council some satisfactory reason for the discontinuance or
disuse of the said works, ( as the case may be ), it shall be lair
ful for the Governor in Council to abate and remove the same,
and restore the site thereof to its former condition at the cost of 1
the said FRANCIS BULKELEY Joussox his executors, adminis
trators or assigns, and the amount of such cost shall be a debt
due to the Government, and recoverable against the said FRANCIS
BULKELEY JOHNson his executors, administrators or assigns
accordingly.
Power to soll. 15. Subject to the approval of the Governor in Council being
first obtained ( but not otherwise ), the said FRANCIS BULKELEY
Jonsson his executors, adıninistrators or assigns, may at any
time, and from time to time sell, assign or absolutely dispose of
1
the undertaking or any part or parts thereof, to such person,
corporation, or company, by public auction, or private contract 1
or partly by public auction and partly by private contract, and
withı, under and subject to such terms and conditions in all
respects as the said Francis BULKELEY JOHXsOn his executors,,
administrators or assigns shall think fit, with power at any such
sale to fix a reserve price for, or buy in the same, and when
any such sale, assignment, or absolute disposal has been made,
all the rights, powers, authorities obligations and liabilities of
the said FRANCIS BULKELEY Johnson his executors, adminis
trators or assigns in respect to the undertaking or part or parts
thereof sold, assigned or absolutely disposed of, shall be trans
ferred to, vested in, and may be exercised by, and shall attach
to the person or persons, corporation, or company to whom the
same has been sold , assignedor absolutely disposed of, in like
manner as if the undertaking or part or parts thereof, sell,
assigned or absolutely disposed of, was or were constructed by
such person or persons, corporation, or company wir under thic
or 1881. ]]
HIERS AND WIIARVES ( Jonnson's ). [ 18 of 705
powers conferred upou him or them by this ordinance , and in
reference to the same he or they shall be deemed to be the said
Francis BULKELEY Jounson his executors , administrators or
assigns.
16. Subject to the approval of the Governor in Council being demise
Power .to
first obtained ( but not otherwise ), the said FRANCIS BULKELEY
Joussox his executors, administrators or assigns may , at any
time and from time to time demise their undertakings or any
part or parts thereof, to such person , corporation , or company',
for such term or terms of years, or from year to year, or for
any less period, and for such rent or rents, and upon such terins
and conditions in all respects, as the said FRANCIS BULKELEY
Johxson his executors, administrators or assigns shall think
fit to a lopt, to take effect either in possession or reversion, and
either with or without a premium , or premiums, as a considera
tion or considerations for such deinise or demises.
17. It shall be lawful for the said Francis BuLKELEY Joun- Power to
son his executors, administrators or assigns, from time to time, mortgage.
and at any time to borrow money on mortgage of all or any
part of his undertaking, and for that purpose to assign or demise
by way of mortgage, all or any portiou of the said wharves and
piers to any person or persons, corporation, or company, and to
enter into all such covenants, provisoes, declarations and agree
ments as the said FRANCIS BUIKELEY Jouxson his executors,
administrators or assigns shall think fit and proper.
18. The rights, powers, and privileges granted by this ordi- ordinance
Duration .of
wance to the said Francis BULKELEY Johnson, his executors,
administrators and assigns, shall continue in force for twenty
years to be computed from the date of the proclamation thereof.
Provided always that the Governor in Council may , from time
to time, so often as the Governor in Council shall think it
expedient, by order, to be published in the Gazette, declare that
the duration of such rigbts, powers, and privileges shall be
extended for any further term or terms not exceeding ten years
at a time,and thereupon such rights, powers, and privileges
shall continue in force for such extended period.
19. Upon tl :e cessation of the rights, powers, and privileges ('essation of
granted by this ordinance, it shall be at the option of the powers.
Governor in Council to purchase the wharves and piers and
works by this ordinance authorised from the said FRANCIS
BULKELEY JOHNSON, his executors, administrators, or assigns
for a price which shall be exclusive of any allowance for past or
future profits of the undertaking, or any compensation for
compulsory sale, to be determined in case of difference by two
arbitrators to be nominated one by the Governor in Council,
706 [ 18 OF 1884. ) PIERS AND WHARVES ( Johnson's ).
and the other by the said Francis BULKELEY Johnson, his
executors, administrators, or assigns ; and in case the said
arbitrators cannot agree, by an umpire to be agreed upon
between them . If the Governor in Council does notexercise the
option to buy within one month of such cessation as aforesaid ,
the said FRANCIS BULKELEY JOHNson, his executors, adminis
trators, and assigns shall, at their own expense , remove the
said wharves and piers and works, and restore the site thereof
to its former condition, and in the event of their failure to do so
within one year of the date of such cessation , it shall be lawful
for the Governor in Council to abate and remove the same, and
restore the site thereof to its foriner condition at the cost of the
said Francis BULKELEY JOHNSON, liis executors, alministrators,
or assigns , and the amount of such cost shall be a debt due to
the Government, and recoverable against the said FRANCIS
BULKELEY Jousson, bis executors , administrators, or assigns
accordingly.
Saving of
rights. 20. Nothing in this ordinance, otherwise than as specially
enacted herein , shall be construed to interfere in any way with
any existing rights in the land on which the said wharves or
piers are to be constructed, or the lands or foreshore adjoining
the same, and the powers and privileges given by this ordinance
are so given , saving and reserving always the rights of Her
Majesty, and of all bodies politic and corporate , and of all other
persons and those claiming by, from , and under them except as
herein otherwise provided .
Commence
ment of 21. This ordinance shall come into force on a day to be
ordinance. proclaimed by the Governor.
[ Note . - Confirmation proclaimed 23rd September, 1884, but no day for the
coming into operation of the ordinance was proclaimed : This
defect has however been cured by Ordinance No. 9 of 1891. ]
Rules and regulations made by Mes878. Jardine, Matheson & Co. , the Assignees
of Francis Bulkeley Johnson , Esquire, pursuant to sections 9 and 10, and
approved by the Governor in Council the 24th September, 1885 .
[Gazette 26th of the same month .]
JARDINE , MATHESON & Co.'s PIER .
1. Vessels will be allotted berths at the pier in the order in which applica
tion therefor may have been made at the office of the General Agents.
2. The proprietors undertake no responsibility for any damage that may
be sustained by a vessel while coming alongside the pier or leaving it ; but
they will provide every assistance in their power to the master, and have men
in attendance to run out and let go lines, shove off, & c ., and a boat will always
be available for running lines to the buors.
PIERS AND WHARVES ( JOHNSON's ). [ 18 OF 1884. 707
PIERS AND WHARVES (CHATER's). [ 19 or 1884. ]
3. Every ressel that shall come into collision with the pier, or otherwise
injure it, whether in consequence of the incompetence or carelessness of the
pilot, master, or officers, or from any other cause, shall be responsible for the
repair of the damage.
4. Masters or commanding officers shall rig in the jib and spanker booms
of their vessels, while alongside the pier, on being required to do so by the
wharfinger.
5. No sails may be left loose at night on board any vessel, while she is
alongside the pier, and , if any should be loose during daylight, the master or
commanding officer shall store them on being required to do so by the
wharfinger.
6. The master or commanding officer of any vessel alongsiile the pier,shall
shift his berth immediately on being required to do so by the wharfinger.
7. The discharge of every vessel shall commence immediately on her
arrival at the pier, and be continued, with all possible despatch, daily from
sunrise to sunset, until it shall bave been completed. Any delay that may
arise in proceeding with the discharge, from want of ballast, labour, or from
any other cause, for which the master, owners, or agents may be responsible,
shall subject the vessel to an additional charge, over and above the tariff rate
for wharfage, of dollars twenty - five ( $25 . ) for the first day, and dollars twenty
five ($25. ) per day for each subsequent day she may be detained .
8. On the completion of the discharge of cargo, the master or commmanding
officer of every vessel must remove her from the pier immediately. If there
should be any delay, an additional rate will be levied, over and above the
tariff rate, of dollars twenty - five ( $ 25 .) for the first day, and dollars twenty
five (325.) per day for each subsequent day she may be permitted to remain .
9. No ashes, dirt or other refuse shall be thrown overboard from any
vessel while she may be alongside the pier.
10. No persons not in the employment of the proprietors, nor belonging
to vessels alongside the pier, shall be allowed to walk or be on the pier,
without the licence of the wharfinger.
11. No waggons, carriages, carts, trucks or other conveyances shall be
taken on to the pier without the licence of the wharfinger.
12. No nuisance shall be committed on or about the pier.
13. Masters or commanding officers shall be held responsible for the crews
and workmen employed on board their respective vessels and for any
infringement by them of the foregoing rules and regulations.
14. Every person who shall commit a breach of any of the foregoing rules
and regulations shall, on summary conviction before a Magistrate, be liable
to a fine of not exceeding dollars fifty ( $ 50 .)
No. 19 OF 1881.
An Ordinance to authorise CATCHICK PAUL CHATER,
to construct piers and wharves in the harbour of Vic
toria, and to confer upon the said CATCHICK PAUL
CHATER certain other powers and privileges.
[12th June, 1884. ]
kong, is desirous of constructing, with the consent of
the Crown, piers, and wharves, in the harbour of Victoria, and
Pramille.
708 [ 19 of 1881. ] PIERS AND WHARVES ( CHATER's ).
certain tramways in connexion therewith, for the purpose of
removing and storing, loading, and discharging cargo ; and
whereas the said CATCHICK PAUL CHATER has applied to the
Government of the Colony, to confer upon him the necessary
powers for carrying out the construction of such piers, wharves,
and tramways by means of a public ordinance, and it is expedient
that such an ordinance should be granted to the said CATCHICK
Paul CHATER, under and subject to the conditions, restrictions
and provisions hereinafter contained :
Power to 1. It shall be lawful for the said CATCHICK PAUL CHATER
construct
whnives and his executors, administrators or assigns, to construct and main
piers. tain , for his and their exclusive use, wharves between high and
low -water mark , and piers extending into the harbour of Vic
toria, at and from any part or parts of that portion of land
which lies directly opposite to the pieces or parcels of ground
registered in the Land Office of the Colony as Kaulung Marine
Lots Nos. 9 , 11 , 20 and 21 respectively , which wharves and
piers and the works in connection therewith authorised by this
ordinance are hereinafter referred to as the undertaking.
Plans and 2. The said wharves and piers shall be constructed in accor
specifications.. dance with plans and specifications to be deposited in the office
of the Surveyor General and approved of by the Governor in
Council , and shall be so constructed as to secure that the free
passage of vessels along the harbour is not unduly interfered
with .
Alterations 3. The said CATCHICK Paul CHATER his executors, admi
and additions,
nistrators or assigns may, from time to time, make any altera
tions in , or additions to the said wharves and piers, provided
the same be in accordance with plans and specifications to be 1
approved by the Governor in Council. 1
Power to 4. It shall be lawful for the said CATHICK PAUL CHATER his
lay down
tramways . executors, administrators or assigns, subject to the plans and
specifications being approved by the Governor in Council , from
time to time to lay down , maintain and renew , sunken and over
head tramways, or either of such tramways , from the piers and
wharves across the Praya connecting the piers and wharves
with the premises of the said CatchiCK Paul Chater his exe
cutors, administrators or assigns, situated on the Kaulung Lots
aforesaid or adjoining the same ; and also aa double line of sunken
tramways, 650 yards in length, commencing at a point opposite
the north west corner of the aforesaid Kaulung Marine Lot
No. 21 , thence passing along the centre of the Praya to a point
opposite the south west corner of the aforesaid Kaulung Marine
Lot No. 9. The said tramways to be provided with all proper
stations, crossings, bridges, passing places, sidings, junctions,
PIERS AND WHARVES ( CHIATER'S ). [ 19 or 1881.] 709
rails and conveniences connected therewith , or for the purposes
thereof, and the said Catchick Paul CHATER his executors,
administrators or assigns may work and use the same. Pro
vided always that before the commencement of the construction
of the said sunken and overhead tramways or either of such
tramways, the said CATCHICK Paul Chater his executors, ad
ministrators or assigns shall deposit in the office of the said
Surveyor General plans and specifications shewing in detail the
mode of construction of the said sunken and overhead tramways,
which said plans and specifications shall be approved of by the
Governor in Council.
5. The sunken tramways referred to in this ordinance shall Gauge of
be constructed on a gauge not exceeding 2 feet in width, and tramways.
with two steel grooved rails, which said rails shall before being
laid down be approved of by the Surveyor General, and shall
be laid and maintained in such manner, that the uppermost
surface thereof shall be on a level with the surface of the road .
Provided that the Governor in Council may from time to time
require the said CATCHICK PAUL CHATER his executors, adminis
trators or assigns to adopt and apply such improvements in the
said sunken or overhead tramways including their rails , sleepers,
bridges and substructure as experience may suggest, having
regard to the greater security of the public and advantage to
the ordinary traffic, and the said Catchick Paul Chater his
executors , administrators or assigns shall with all reasonable
despatch, comply with any order made by the Governor in
Council for the purpose of carrying out any such improvements.
6. The said CATCHICK PAUL CHIATER his executors, adminis . Power to
roads, up
trators or assigns may from time to time for the purpose of break
making, forming, laying down , maintaining, renewing, altering,
adding to or removing any tramway under this ordinance, or
any part or parts thereof respectively, open and break up any
road subject to the following regulations :
1. They shall give to the Surveyor General notice of their
intention , specifying the time at which they will begin
to do so, and the portion ofroad proposed to be opened
or broken up , such notice to be given seven days at
least before the commencement of the work .
2. They shall not open or break up or alter the level of
any road except with the authority, under the super
intendence, and to the satisfaction of the Surveyor
General .
7. When the said Catchick Paul CIATER his executors, Completion
administrators or assigns shall have opened or broken up any reinstatement
portion of any road, they shall be under the following further of roal.
obligations, namely:
1710 [ 19 of 1881.] PIERS AND WHARVES ( CHATER's).
1. They shall with all convenient speed , complete the work
on account of which they opened or broke up the
same, and ( subject to the formation, maintaining,
renewal, or alteration of, addition to or removal of the
tramway) fill in the ground and make good the
surface, and to the satisfaction of the Surveyor General,
restore the road to as good condition as that in which
it was before it was opened or broken up .
2. They shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched
and to be properly lighted at night.
If the said CATCHICK Paul CIATER his executors, adminis
trators or assigns fail to comply with this section, they shall, for
every offence (without prejudice to the enforcement of the
specific performance of the requirements of this ordinance, or to
any other remedy against them ) be liable to a penalty not
exceeding one hundred dollars, and to a further penalty not
exceeding 25 dollars for each day during which any such failure
continues after the first day on which such penalty is incurred .
Penalty for
not maintain .
8. The said CATCIIICK PAUL CHIATER his executors, adminis
ing rails at trators and assigns shall maintain in good condition and repair,
their proper and at their proper level so as not to be a danger or annoyance
level and in
good condi- to the ordinany traffic, the rails of which any of the tramways
tion .
for the time being consist, and the substructure upon which the
same rest ; and if the Surveyor General, shall from time to time,
or at any time hereafter, alter the level of any road along or
across which any of the said train ways shall be laid, then and
in such event, and so often as the same shall happen, the said
CatchCK Paul Chater his executors, administrators or assigns,
shall at his or their own expense, alter the rails so that the
uppermost surface thereof shall be on a level with the surface
of the road as altered , and, if the said CATCHICK Paul CHATER
his executors, administrators or assigns make default in com
plying with this section , they shall, for every offence, be subject
on conviction to a penalty not exceeding twenty-five dollars,
and, in case of continuing offence, to a further penalty not
exceeding ten dollars for every day after the first on which
such default continues.
lights. 9. The said CATCIIICK Paul Chater his executors, admin
istrators or assigns shall cause to be affixed on the said wharves
and piers, and to be exhibited from sunset to sunrise, such
lights as the Harbour Master may from time to time direct.
Prevention 10. The said CATCHICK PAUL CHATER his executors, admin
of silting., & istrators or assigns shall take such measures as the Governor
in Council may require to prevent silting or the accumulation
PIERS AND WIIARVES ( CHATER's ). [ 19 of 1884.] ةi1
of mud, sand , or other matter around the wharves and piers ,
and shall conform to such regulations as the Governor in
Council may deem it expedient to make from time to time for
the purpose of preventing obstruction to the traffic cf the
Praya.
11. In the event of the said CATCHICK PAUL CHATER lis Proceelings
executors, administrators or assigns making default in comply- vention -pre
for
ing with the provisions in the last preceding section relating to silting, &c.
the prevention of silting, or the accumulation of mud , sand, or
other matter around the wharves or piers, the Governor in
Council, if satisfied after due enquiry made that the said
Catchick Paul CHATER his executors, administrators or assigns,
has or have been guilty of the alleged default, shall make an
order to be served on the said CATCHICK PAUL CHATER his
executors, administrators or assigns, limiting a time for the
performance of his or their duty in that behalf,and if such duty
is not performed by the time limited by the order , the Governor
in Council shall appoint some person or persons to perform the
same , and shall by order direct, that the expenses of perforining
the same, together with a reasonable remuneration to the person
or persons appointed for superintending such performance, and
amounting to a sum to be specified in the order, together with
the costs of proceedings ( if any ), shall be paid by the said
CATCHICK PAUL CHater his executors, administrators orassigns,
and any order made for the payment of such expenses and
costs may be removed into the Supreme Court, and may be
enforced in the same manner as if the same were an order of
such Court.
12. All vessels belonging to, or engaged in the service of Priority of
Her Majesty's Government shall have priority of use of the ships, use toQueen's
wharves and piers at the ordinary current rates for mercantile
vessels, without prejudice to the rights of other vessels actually
using the wharves or piers and all other vessels shall have the
right of using the wharves and piers at the current rates in
order of priority of application subject nevertheless to any rules
and regulations which may be made under the provisions of
section 13 of this ordinance.
13. It shall be lawful for the said CATCHLICK PAUL CHATER Powers to
make rules
his executors, administrators or assigns, from time to time to and regula
make such rules and regulations, as may be necessary for the tions.
use and due maintenance of the wharves and piers and tram
ways in connection therewith . Provided always that no such
rules and regulations , nor any repeal or variation thereof, shall
come into force until the same shall have been approved by
the Governor in Council, and shall have been published in tlie
Gazette .
712 [ 19 of 1884. ] PIERS AND WHARVES (CHATER'S ).
Penalty for
breach of
14. Every person who shall commit a breach of any of the
rules and rules and regulations made in pursuance of this ordinance, shall,
regulations. on summary conviction thereof before a Magistrate, be liable
to a fine not exceeding fifty dollars.
Proof of rules
and reguli
15. In all proceedings before any Court , the rules and regu
tions. lations in force for the time being under this ordinance, shall be
sufficiently proved by the production of a copy of the Gazette
in which the same shall be published and contained.
Governor in 16. If the said CATCHICK PAUL Chater his executors, admin
Councilmay istrators or assigns shall fail to makeor vary such rules and
make rules
tionsregula-
and in cer
regulations, as in the opinion of the Governor in Council are
tain event. requisite for the protection of the rights of the inhabitants of
the Colony, and for the prevention of injury to navigation, the
Governor in Council shall make an order to be served upon
the said CatchICK Paul CHATER his executors, administrators
or assigns, limiting a time for the making or varying of such
rules and regulations, and if such rules and regulations are not
made or varied by the time prescribed in such order, the Gov
ernor in Councilmay make or vary such rules and regulations,
which when made or varied, and published in the Gazette, shall
>
have the same force and effect as if they were specially enacted
herein .
Rules and 17. The said CATCHICK PAUL CHATER his executors , admin
to be printed istrators or assigns shall, from time to time, cause to be painted
and exhibit.
ed . on boards, or to be printed and attached in large and legible
characters in English and Chinese, a statement of the rules and
regulations in force, and a list of the several rates for the time
being payable and shall cause such boards containing such
statement and list to be fixed on some conspicuous part of the
wharves or piers and no rate shall be payable during such time
as such list is not so atlixed , nor shall any rate not specified in
such list be payable. Provided that, if any such statement or
list be destroyed, injured or obliterated, the rates shall continue
payable during such time as may be reasonably required for
the restoration or reparation of such list in the same manner
as if such statement and list had continued affixed and in the
state required by this ordinance.
l'ower to
Governor in
18. If at any time before the completion of the works, the
Council to said CatchCK PAUL CHATER his executors, administrators or
abate and
l'emove works
assigns shall fail to proceed therewith for a period of six months,
in certain
events .
or after the completion thereof shall disuse the same or any
part thereof for six months, without affording to the Governor
in Council some satisfactory reason for the discontinuance or
disuse of the said works, ( as the case may be ) , it shall be lawful
for the Governor in Council to abate and remove the same, and
restore the site thereof to its former condition at the costs of
PIERS AND WIARVES ( CHATER'S ). [ 19 of 1884. ] 713
the said CATCHICK Paul Chater his executors, administrators
or assigns, and the amount of such costs shall be a debt due to
the Government, and recoverable against the said CATCHICK
Paul Chater his exccutors, administrators or assigns accord
ingly.
19. Subject to the approval of the Governor in Council being Power to sell.
first obtained ( but not otherwise ), the said CATCHICK PAUL
CHATER his executors , administrators or assigns, may at any
time, and from time to time sell , assign or absolutely dispose of
>
the undertaking, or any part or parts thereof to such person ,
corporation , or company, by public auction, or private contract,
or partly by public auction and partly by private contract, and
with, under and subject to such terins and conditions in all
respects as the said Catchuck Paul CHATER his executors,
administrators or assigns shall think fit, with power at any such
sale to fix a reserve price for, or buy in the same, and when
any such sale, assignment, or absolute disposal has been made,
all the rights, powers, authorities, obligations and liabilities of
the said CATCHICK PAUL CHATER his executors, administrators
or assigns in respect to the undertaking or part or parts thereof
sold , assigned or absolutely disposed of, shall be transferred to,
vested in , and may be exercised by, and shall attach to the
person or persons , corporation, or company to whom the same
has been sold, assigned or absolutely disposed of, in like manner
as if the undertaking, or part or parts thereof sold , assigned or
absolutely disposed of, was or were constructed by such person
or persons, corporation or company under the powers conferred
upon him or them by this ordinance, and in reference to the
same he or they shall be deemed to be the said CATCHICK Paul
CHATER his executors, administrators or assigns .
20. Subject to the approval of the Governor in Council being Power to
first obtained (but not otherwise ), the said CatchICK Paul demise.
Chater his executors, administrators or assigns may, at any
>
time, and from time to time demise their undertakings or any
part or parts thereof, to such person, corporation or company ,
for such term or terms of years, or from year to year, or for any
less period , and for such rent or rents, and upon such terms and
conditions in all respects, as the said CATCHICK Paul CHATER
his executors, administrators or assigns shall think fit to adopt,
to take effect either in possession or reversion , and either with
or without a premium or premiums, as a consideration or
considerations for such demise or demises .
21. It shall be lawful for the said CATCHICK PAUL CHATER Power to
his executors, administrators or assigns, from time to time and mortgage.
at any time to borrow money on mortgage of all or any part
of his undertaking, and for that purpose to assign or demise by
Tit ( 19 OF 1884. ] PIERS AND WILARVES (CHAIER's ).
way of mortgage, all or any portion of the said wharves and
piers, to any person or persons, corporation or company , and to
enter into all such covenants, provisoes, declarations and agree
ments as the said Catchick Paul CHATER his executors ,
administrators or assigns shall think fit and proper.
Duration of
ordinance. 22. The rights, powers, and privileges granted by this ordi
nance to the said CATCHICK PAUL CHATER, his executors,
administrators, and assigps , shall continue in force for twenty
years to be computed from the date of the proclamation thereof.
Provided always that the Governor in Council may, from time
to time, so often as the Governor in Council shall think it
expedient, by order, to be published in the Gazette, declare that
the duration of such rights, powers, and privileges shall be
extended for any further term or terms not exceeding ten years
at a time, and thereupon such rights, powers, and privileges
shall continue in force for such extended period.
Cessation of 23. Upon the cessation of the rights, powers, and privileges
powers.
granted by this ordinance, it shall be at the option of the Gov
ernor in Council to purchase the wharves and piers and works
by this ordinance authorised from the said Catchick Paul
CHATER, his executors, administrators, or assigns for a price
which shall be exclusive of any allowance for past or future
profits of the undertaking, or any compensation for compulsory
sale, to be determined in case of difference by two arbitrators
to be nominated one by the Governor iu Council , and the other
by the said CATCHICK Paul CHATER, bis executors, adminis
trators, or assigns; and in case the said arbitrators cannot agree,
by an umpire to be agreed upon between them . If the Governor
in Council does not exercise the option to buy within one month
of such cessation as aforesaid , the said CatchCK Paul CHATER,
his executors, administrators, and assigns shall, at their own
expense , remove the said wharves and piers and works, and
restore the site thereof to its former condition , and in the event
of their failure to do so within one year of the date of such
cessation , it shall be lawful for the Governor in Council to abate
and remove the same, and restore the site thereof to its former
condition at the cost of the said CatchiCK Paul CHATER, his
executors, administrators, or assigns, and the amount of such
cost shall be a debt due to the Government, and recoverable
against the said Catchick Paul Crater, his executors, admi
nistrators, or assigns accordingly.
Saving of 24. Nothing in this ordinance, otherwise than as specially
rights.
enacted herein , shall be construed, to interfere in any way with
any existing rights in the land on which the said wharves, piers
or tramways are to be constructed , or the lands or foreshore
adjoining the same, and the power and privileges given by this
PIERS AND WHARVES (CILATER'S ). [ 19 or 1881.] 713
UNCLAIMED BALANCES . [ 7 OF 1885. ]
ordinance are so given, saving and reserving always the rights
of Her Majesty, and of all bodies politic and corporate, and of
all other persons and those claiming by, from , and under them
except as herein otherwise provided.
Commence
25. This ordinance shall come into force on a day to be pro ment of
claimed by the Governor. ordinance.
[Confirmation proclaimed 23rd September, 1884, but no day was proclaimed
for the coming into force of the ordinance. This defect has been cured by Oreli-.
nance No. 9 of 1891.]
No. 7 OF 1885 ,
An Ordinance entitled The Unclaimed Balances Or
dinance, 1885,
[ 2nd March, 1885. ]
% *
[ Sce No. 11
of 1888.]
1. All sums of money which at the time of the passing of Transfer of
this ordinance have remained unclaimed in the Treasury of this old balancesof
to revenue
Colony for a period of five years or longer, shall be transferred Colony.
to the general revenue of the Colony , subject to the provisions
of this ordinance for their refund if claimed after such transfer .
Lists of such sums shall forthwith be published in the
Government Gazette with a notice calling upon the owners
thereof to claim thein .
2. Any sum of money other than the balance of an intestate l'nclaimed
estate which after the passing of this ordinance may from any other than
cause be unclaimed in the Treasury of this Colony may, on the estates,
intestatefuture
expiration of five years from the date of payment of such sum transfer of.
into the Treasury , be transferred to the general revenue of the
Colony, subject to the provisions of this ordinance for the refund
of such sum if claimed.
Transfers under the provisions of this section shall be made
by an order under the hand of the Governor, which order, with
the particulars of the suis so transferred, shall be published in
the Government Gazette , and shall state the conditions on which
a refund of such sums may be obtained .
3. On the expiration of one year from the date of the decease Intestate
of any person dying intestate where administration has been advertise
estates
granted to the Official Administrator and the next of kin of the ments.
deceased are not known to such Official Administrator, the isöt 31.6
, s . 3.]
Official Administrator shall cause advertisements to be published
716
[ 7 OF 1885. ] UNCLAIMED BALANCES .
in this Colony and also, where in his opinion it is possible, in
the mother country of the deceased, to the effect that if no
claimant appear within twelve months to claim any funds
remaining from the estate of such deceased person such funds
will be transferred to the revenue of this Colony. Provided
that such advertisement shall not be necessary where the funds
of the estate are less than twenty dollars in value.
Transfer of
unclaimed
4. After five years from the date of the decease of any such
estate to person dying intestate, the Official Administrator shall pay the
Treasury . unclaimed balance of such person's estate into the Colonial
[ Ord , 6 of
1854 , s. 1. ] Treasury, and the Governor may direct that it be appropriated
for the general purposes of the Colony ; provided that before
such direction is given a certificate be furnished to the Governor
by the Official Administrator showing that due advertisement
has been made for claims to such balance of such estate as
required by section 3 of this ordinance , and that, so far as is
known to such Official Administrator , no further claim can
reasonably be expected against such balance .
Interest. 5. Any unclaimed balance paid into the Treasury under the
(Ord. 6 of
1351 , s. 4. ] provisions of this ordinance at any time previous to the expiration
of five years as aforesaid , shall be lodged in a chartered or
incorporated bank within this Colony, at such rate of interest
as may be procurable, and the amount of such interest shall be
added to, and considered portion of such unclaimed balance.
Refunds.
Petition to 6. It shall be lawful for any claimant to any money paid into
Supreme
Court. the Treasury under this ordinance, to present his summary
[Ibid, s. 3.] petition in thatbehalf to the Supreme Court against the Queen's
Attorney General as respondent thereto; and if he shall verify
his said claim by evidence to the satisfaction of the said Supreme
Court, it shall be the duty of the said Court to make an order
declaring him entitled thereto and the Treasurer on receipt of
such order shall pay the sum mentioned therein to the said
claimant .
Moral claims. 7. The Governor in Council may entertain any moral claim
[ Ord. 7 of
1869 , s. 1.] ( as distinguished from any legal or equitable claim ) which may
be submitted to him by petition in writing by any person ,
praying for payment of any sum of money which may have
been transferred to the Colonial revenue under the provisions
of this ordinance , and upon such petition it shall be lawful for
the Governor in Council, if he shall think fit, to order that such
sum or any portion thereof be paid by the Colonial Treasurer
to such petitioner.
Refund on a
8. Any order made by the Governor in Council under the
bar pro tantoa foregoing section for the payment of the whole or of a portion
to subsequent of any sum of money which may have been transferred to the
claims.
[ Ibid , 6, 2. ] Colonial Revenue under the provisions of this ordinance shall
UNCLAIMED BALANCES . [ 7 OF 1885. ] 717
be a bar to the extent of any payment made under such order
to any subsequent claim against the Crown , to the same sum .
9. The general revenue of the Colony shall be applicable to Refunds made
any payment ordered to be made under the provisions of this out of re .
ordinance. [ iser l of 1857 ,
* * s . 2. ]
Order made by the Governor under section 2, the 4th February, 1888,
gazetted the same day.
Whereas the several sums belonging to certain bankrupt estates as detailed
in the following schedule have remained unclaimed in the hands of the Official
Assignee, I hereby order and direct, pursuant to section 2 of The Unclaimed
Balances Ordinance, 1885, that the said sums be transferred to the general
revenue of the Colony, subject to the provisions of the said ordinance for the
refund of such sums if claimed.
The conditions on which a refund of such sims may be obtained shall be
as follows :
1. That the claimant, if the claim shall be a legal one, shall present (Ordinance :
his summary petition to the Supreme Court as against the of 188.1,sec.6.)
Attorney General, and verify such petition by evidence to the
satisfaction of the said Court,
or
2. If the claim shall be a moral one, (as distinguished from any ( Ordinance 7.
legal or equitable claim), the claimant shall submit his claim of 1883, sec. 7.)
by petition in writing to the Governor in Council.
Schedule referred to in the above Order .
DEPOSITS NOT AVAILABLE.
Unclaimed Balances, more than 5 years old on 31st December, 1887 .
BANKRUPT ESTATES .
Tam Chau , Li Kwong and Kwong Lok, 15.53
Ü Ching, 18.00
Tong Üt, 50.79
Cua Sz, 64.81
J. F. Schuster, 0.11
F. Hutchings, 2.14
Wong Wa Hi, 1.76
J. M. Hanlon , 6.17
Li Tsung , ... 329.64
Draimdrass Dayormull, 6.64
Rustomjee Dadabhoy ,... 22.99
Pang Wa Ping, .. 48.41
Paul Phillipe Reimann, 34.06
Wan Pak -kwai, 54.79
Ü Hop, .......... 81.21
Ilongkong Pier and Godown Company, 0.92
Jobn Inglis, ....... 14.95
Tang Fuk, 30.52
Fung Him Shun ,.. 32.85
Ho Kwong Ming, 61.66
Leung In and Leung Ching , 35.40
Ramon N. Orozco, 0.55
Carried forward ............. $ 914.26
718 7 OF 1885 . UNCLAIMED BALANCES .
8 or 1885 . WEIGHTS AND MEASURES.
Brought forward ,............ $ 914.26
Yeung Ü Sz, 2.81
Au Yeung Luk , 21.07
Cawasjee Rustomjee, 10.74
Hans Kiaer, 42.60
Frederick Major ,.. 20.70
Luis Promoli, 5.54
Maria Mould , 0.71
Frederick T. Smitlı, 5.23
Harry Corran, 0.96
Leung IIai lleug, 3.44
Robert II . Sneil, 0.74
Charles Collins, 0.05
Guilherme da Silveira, 0.22
Ilugh Alex . McLean, 3.28
Ng Lau Tong, 10.64
Reuben Solomon , 14.53
Sheriff Carrim , 13.63
Joseph C. Burt, 15.56
Thomas Wm . Smith , 9.36
Lau Vo Til, 39.66
TOTAL , ...... $ 1,138.76
No. 8 OF 1887 .
'
An Ordinance entitled The Weights and Measures
Ordinance, 1885.
[ 2nd March , 1885. ]
* ** *
Standard
Weights anal
1. The Governor shall cause to be deposited and safely kept
measures to le in the Colonial Treasury such weights and measures of the
deposite standards in use in the United Kingdom and of such Chinese
ryin, thecopies and weights and measures as are specified in the scheduleto this
models of
which to be
ordinance, and the weights and measures so deposited shall be
deposited the standard weights and measures of this Colony.
with the Ma
gist rates. The Governor shall cause to be made copies and models of the
several weights and measures so deposited , and such copies and
models shall be submitted to the Colonial Treasurer, who shall
cause the same to be verified , and, if approved, stamped, or
marked in such manner as the Colonial Treasurer may from
time to time determine to shew that the same have been verified
and approved .
( 'opies and models after being so verified and approved shall
be deposited with the Police Magistrates, who shall keep the
same for the purposes of reference as hereinafter directed.
WEIGHTS AND MEASURES. [ 8 OF 1885. ] 719
If any copies or models deposited with a Police Magistrate
are lost, destroyed, defaced or injured, they shall be replaced
by others of the same weight or measure duly verified and
approved.
2. Any person wishing to compare any weight or measure Magistrate to
with the copy or model deposited with a Police Magistrate shall and
verifyweights
measures
be allowed access to such copy or model for the purpose of
making such comparison, at reasonable times to be appointed
by the Police Magistrate in his discretion . The comparison
shall be made in the Magistrate's presence, and the Magistrate,
on being satisfied that the weight or measure brought for com
parison corresponds truly to the copy or model, shall stamp or
mark the same in such manner as the Colonial Treasurer may
from time to time determine to shew that the same has been
compared and approved .
Such person shall defray all expenses of conveying his weights
and measures to or from the Police Court, or shall deposit with
the examiner one dollar if such weights and measures are on
shore, or two dollars if they are on board a ship in the harbour,
to defray such expenses.
3. The Governor shall from time to time appoint proper Appointment
persons to be examiners of weights and measures, and may at ofexaminers.
pleasure remove any persons so appointed.
4. It shall be the duty of examiners of weights and measures Examiners
to enter the business premises of any persons who sell goods by may seizoen
fraudulent
weight or measure and examine the weights or measures found weights and
mcasures .
on such premises, and seize any of such weights or measures as
appear to be fraudulently stamped or not to be according to or
not to agree with the standard weights or measures of the
Colony .
5. No person shall buy or sell or otherwise deal by any Dealings by
weights or measures other than such as are according to and standard
otherabout
agree with the standard weights and measures of the Colony. weights and
measure
No person shall buy or sell or otherwise deal by any measure hibited . s pro
of length or by any steelyard which is not made conformably
to the regulations contained in the schedule of this ordinance.
6. Any person who falsifies or wilfully injures any copies or Falsifying
models of standard weights or measures deposited with a Police weights and
measures or
Magistrate, or buys or sells or otherwise deals by, or upon havingposses.
sion of
whose business premises are found any weights or measures fraudulent
fraudulently stamped or marked or not according to and agree- weightsand
nieasures .
ing with the standard weights and measures of the Colony, or
who obstructs any examiner of weights and measures in the
discharge of his duty as such , shall be liable under this ordi
nance on summary conviction before a Police Magistrate to år
penalty not exceeding two hundred dollars for each offence,
apart from and in adlition to any other penalty or liability to
720 [8 OF 1885. ] WEIGHTS AND MEASURES .
which such person may be subject in respect of such offence.
All weights and measures duly seized by an examiner of weights
and measures under the provisions of this ordinance shall be
forfeited to the Crown .
Weights and 7. Nothing in this ordinance shall apply to the buying or
measuresin for
dealing selling or dealing in medicines or precious metals or precious
medicines or stones nor to weights or measures employed in relation thereto .
precious
metals or pre
cious stones
not within
this ordi
nance .
*
9. This ordinance shall come into operation on the first day
of April , 1885.
SCHEDULE .
CUINESE WEIGHTS AND MEASURES .
Weights.
1 Fan ( candareen ) = 0.133 oz . avoirdupois.
1 Tsin (mace) = 0.133 >
1 Leung (tael) 1} 99
1 Kan ( catty) 1. tbs.
1 Tam ( picul) 133 }
and the following weights, viz.: 2, 3 , 4, 5 , taels ; 10, 17, 20, 30, 40, 50, taels ;
100, 200 , 300, 400, 500, 700, taels .
Length.
I Chek ( foot ) equal to 14 : English inches, divided into 10 Tsün or inches,
and each inch into 10 Fan or tenths.
ENGLISHI WEIGHTS AND MEASURES .
Weights.
4 Ounces avoirilupois. 7 Pounds avoirdupois.
8 11
1 Pound 28
2 Pounds 56
1
1
Thoz. Troy. is oz . Troy.
TO 1 Ounce
3
10 2 Ounces ,,
Length
1 Yard divided into feet and inches ..
Capacity.
1 Half Gill . 1 Half Gallon .
1 Gill , 1 Gallon ,
1 Half Pint. 1 Peck .
1 Pint. 1 Half Bushel.
1 Quart. 1 Bushel.
The contents of each measure to be not heaped, but flat and level with
the rim of the vessel .
Measures of length, if made of wood or bamboo, shall (except yard mea
sures imported from the C'nited Kingdom ) be tipped at the ends with metal
to the satisfaction of the examiner of weights and measures, or, in case of
dloubt, of a Police Magistrate, whose decision shall be final,
BILLS OF EXCHANGE . [ 6 of 1883.] 721
No. 9 OF 1885.
An Ordinance entitled The Bills of Exchange Ordinance.
[4th May, 1885.]
PART I.
PRELIMINARY .
1. This ordinance may be cited as the Bills of Exchange Short title.
Ordinance, 1885.
2. In this ordinance, unless the context otherwise requires, - Interpreta-.
tion of terms.
Acceptance ” means an acceptance completed by delivery
or notification .
“ Action " means 66“ suit or action " and includes counter
claim and set off.
“ Banker ” includes a body of persons whether incorporated
or not who carry on the business of banking.
" Bankrupt ” includes any person whose estate is vested in
a trustee or assignee under the law for the time being
in force relating to bankruptcy.
“ Bearer ” means the person in possession of aa bill or note
which is payable to bearer. )
" Bill” means bill of exchange, and " note " means promis
sory note .
“ Delivery " means transfer of possession, actual or con
structive, from one person to another.
“ Holder ” means the payee or indorsee of a bill or note
who is in possession of it, or the bearer thereof.
“ Indorsement” means an indorsement completed by deliv.
ery.
“ Issue " means the first delivery of a bill or note, complete
in form to a personwho takes it as a holder.
“· Person ” includes a body ofpersons whether incorporated
or not .
" Value " means valuable consideration .
2
" Written ” includes printed, and “ writing " includes print.
PART II.
BILLS OF EXCHANGE.
Form and interpretation.
3. ( 1. ) A bill of exchange is an unconditional order in writ- Bill of
ing, addressed by one person to another,, signed by the person exchange
definea.
giving it, requiring the person to whom it is addressed to pay
722 [ 9 of 1885. ] BILLS OF EXCHANGE .
on demand or at a fixed or determinable future time a sum
certain in money to or to the order of a specified person , or to
bearer.
( 2. ) An instrument which does not comply with these condi
tions, or which orders any act to be done in addition to the
payment of money, is not a bill of exchange.
(3. ) An order to pay out of a particular fund is not uncondi
tional within the meaning of this section ; but an unqualified
order to pay, coupled with ( a ) an indication of a particular fund
out of which the drawee is to re - imburse himself or a particular
account to be debited with the amount, or ( b ) a statement of
the transaction which gives rise to the bill, is unconditional.
( 4. ) A bill is not invalid by reason
( a . ) That it is not dated ;
( 6. ) That it does not specify the value given, or that any
value has been given therefor ;
( c.) That it does not specify the place where it is drawn
or the place where it is payable.
Inland and
foreign bills,
4. ( 1. ) An inland bill is a bill which is or on the face of it
purports to be ( a ) both drawn and payable within this Colony,
or () drawn within this Colony, upon some person resident
therein. Any other bill is a foreign bill.
( 2. ) Unless the contrary appear on the face of the bill the
holder may treat it as an inland bill .
Effect where 5. ( 1. ) A bill may be drawn payable to, or to the order of,
different
parties to
bill are the
the drawer ; or it may be drawn payable to, or to the order of,
the drawee .
same person .
( 2. ) Where in a bill , drawer and drawee are the saine person,
or where the drawee is a fictitious person or a person not having
capacity to contract , the holder may treat the instrument, at
his option, either as a bill of exchange or as a promissory note.
Address to
drawee.
6. ( 1. ) The drawee must be named or otherwise indicated
in a bill with reasonable certainty.
( 2. ) A bill may be addressed to two or more drawees whether
they are partners or not, but an order addressed to two drawees
in the alternative or to two or more drawees in succession is
not a bill of exchange.
Certainty 7. ( 1. ) Where a bill is not payable to bearer, thepayee must
required as be named or otherwise indicated therein with reasonable certainty.
to payee .
( 2. ) A bill may be made payable to two or more payees
jointly, or it may be made payable in the alternative to one of
two, or one or some of several payees. A bill may also be made
payable to the holder of an office for the time being.
BILLS OF EXCHANGE . 9 OF 1885. 723
( 3. ) Where the payee is a fictitious or non -existing person
the bill may be treated as payable to bearer.
8. ( 1. ) Where a bill contains words prohibiting transfer, or are
Whatnegoti
bills
indicating an intention that it should not be transferable, it is able
a . cuoti
valid as between the parties thereto, but is not negotiable.
( 2. ) A negotiable bill may be payable either to order or to
bearer.
( 3.) A bill is payable to bearer which is expressed to be so
payable, or on which the only or last indorsement is an indorse
ment in blank .
( 4.) A bill is payable to order which is expressed to be so
payable, or which is expressed to be payable to a particular
person , and does not contain words prohibiting transfer or
indicating an intention that it should not be transferable.
( 5. ) Where a bill, either originally or by indorsement, is
expressed to be payable to the order of a specified person , and
not to him or his order, it is nevertheless payable to him or his
order at his option.
9. ( 1. ) The sui payable by a bill is a sum certain within sum payable.
the meaning of this ordinance, although it is required to be
paid
( a . ) With interest .
( 6. ) By stated instalments.
( c. ) By stated instalments , with a provision that upon
default in payment of any instalınent the whole
shall become due.
( d .) According to an indicated rate of exchange or accord
ing to a rate of exchange to be ascertained as
directed by the bill .
( 2. ) Where the sum payable is expressed in words and also
in figures, and there is a discrepancy between the two, the sum
denoted by the words is the amount payable.
( 3. ) Where aa bill is expressed to be payable with interest,
unless the instrument otherwise provides, interest runs from the
date of the bill , and if the bill is undated from the issue
thereof.
10. ( 1. ) A bill is payable on demand Bill payable
on demand .
( a. ) Which is expressed to be payable on demand, or at
sight, or on presentation ; or
( 6. ) In which no time for payment is expressed.
( 2. ) Where a bill is accepted or indorsed when it is overdue,
it shall , as regards the acceptor who so accepts, or any indorser
who so indorses it , be deemed a bill payable on demand ,
721 [ 9 of 1885. ] BILLS OF EXCHANGE ,
Bill payable 11. A bill is payable at a determinable future time within the
at a future
time. meaning of this ordinance which is expressed to be payable
( 1. ) At a fixed period after date or sight.
( 2. ) On or at a fixed period after the occurrence of a
specified event which is certain to happen , though
the time of happening may be uncertain .
An instrument expressed to be payable on a contingency is
not a bill , and the happening of the event does not cure the
defect.
Omission of
bill 12. Where a bill expressed to be payable at a fixed period
jayableafter
date,
after date is issued undated, or where the acceptance of a bill
payable at a fixed period after sightis undated, any holder may
insert therein the true date of issue or acceptance, and the bill
shall be payable accordingly.
Provided that ( 1 ) where the holder in good faith and by
mistake inserts a wrong date, and ( 2 ) in every case where a
wrong date is inserted , if the bill subsequently comes into the
hands of a holder in due course the bill shall not be avoided
thereby, but shall operate and be payable as if the date so
inserted had been the true date.
Ante- lating
and post
13. ( 1. ) Where a bill or an acceptance or any indorsement
dating. on a bill is dated , the date shall, unless the contrary be proved ,
be deemed to be the true date of the drawing, acceptance, or
indorsement, as the case may be.
( 2. ) A bill is not invalid by reason only that it is ante -dated
or post-dated, or that it bears date on a Sunday.
Computation 14. Where a bill is not payable on demand the day on which
of time of
payment.
it falls due is determined as follows:
( 1. ) Three days, called days of grace, are, in every case where
the bill itself does not otherwise provide, added to the time of
payment as fixed by the bill , and the bill is due and payable on
the last day of grace: provided that --
( a .) When the last day of grace falls on Sunday, Christmas
Day,Good Friday, or a day appointed by proclama
tion in the Gazette as a public fast or thanksgiving
day, the bill is, except in the case herein -after
provided for, due and payable on the preceding
business day ;
( 6. ) When the last day of grace is a bank holiday ( other
than Christmas Day or Good Friday ) or when the
last day of grace is a Sunday and the second day
of grace is aa bank holiday, the bill is due and payable
on the succeeding business day.
BILLS OF EXCHANGE. 123
[ 9 OF 1885. ]
( 2. ) Where a bill is payable at a fixed period after date, after
sight, or after the happening of a specified event, the time of
payment is determined by excluding the day from which the
time is to begin to run and by including the day of payment.
( 3.) Where a bill is payable at a fixed period after sight, the
time begins to run from the date of the acceptance if the bill be
accepted, and from the date of noting or protest if the bill be
noted or protested for non -acceptance , or for non-delivery.
( 4. ) The term “ month ” in a bill means calendar month .
15. The drawer of a bill and any indorser may insert therein Case of need
the name of a person to whom the holder may resort in case of
need , that is to say, in case the bill is dishonoured by
non -acceptance or non - payment. Such person is called the
referee in case of need . It is in the option of the holder to
resort to the referee in case of need or not as he may think fit.
16. The drawer of a bill , and any indorser, may insert therein Optional
stipulations
an express stipulation by drawer or
indorser,
( 1.) Negativing or limiting his own liability to the holder ;
( 2.) Waiving as regards himself some or all of the holder's
duties.
17. ( 1. ) The acceptance of aa bill is the signification by the and
Definition
requisites
drawee of his assent to the order of the drawer. of acceptance.
( 2.) An acceptance is invalid unless it complies with the
following conditions , namely :
( a . ) It must be written on the bill and be signed by the
drawee. The mere signature of the drawee without
additional words is sufficient.
( 6. ) It must not express that the drawce will perform his
promise by any other means than the payment of
money.
18. A bill may be accepted . Time for
acceptance,
( 1. ) Before it has been signed by the drawer, or while other
wise incomplete :
( 2. ) When it is overdue, or after it has been dishonoured
by a previous refusal to accept, or by non -payment :
( 3. ) When a bill payable after sight is dislionoured by non
acceptance, and the drawee subsequently accepts it, the holder,
in the absence of any different agreement, is entitled to have
the bill accepted as ofthe date of first presentment to the drawec
for acceptance .
726 [ 9 OF 1885. ] BILLS OF EXCHANGE .
General and
qualified
19. ( 1. ) An acceptance is either ( a ) general or ( b ) qualified.
acceptances, ( 2. ) A general acceptance assents without qualification to the
order of the drawer. A qualified acceptance in express terms
varies the effect of the bill as drawn .
In particular an acceptance is qualified which is
( a .) Conditional, that is to say, which makes payment by
the acceptor dependent on the fulfilment of a con
dition therein stated :
( 6. ) Partial, that is to say, an acceptance to pay part only
of the amount for which the bill is drawn :
( c.) Local, that is to say, an acceptance to pay only at a
particular specified place :
An acceptance to pay at a particular place is a general accept
ance, unless it expressly states that the bill is to be paid there
only and not elsewhere :
( d. ) Qualified as to time :
( e. ) The acceptance of some one or more of the drawees ,
but not of all .
Inchoate
instruments.
20. ( 1. ) Where a simple signature on a blank stamped paper
is delivered by the signer in order that it may be converted
into a bill , it operates as a primâ facie authority to fill it up as
a complete bill for any amount the stamp will cover, using the
signature for that of the drawer, or the acceptor, or an indorser;
and, in like manner, when a bill is wanting in any material par
ticular, the person in possession of it has a primâ facie authority
to fill ир the omission in any way he thinks fit.
( 2. ) In order that any such instrument when completed may
be enforceable against any person who became a party thereto
prior to its completion, it must be filled up within a reasonable
time, and strictly in accordance with the authority given. Rea
sonable time for this purpose is a question of fact.
Provided that if any such instrument after completion is
negotiated to a holder in due course it shall be valid and effec
tual for all purposes in his hands, and he may enforce it as if it
had been filled up within a reasonable time and strictly in
accordance with the authority given .
Delivery. 21. ( 1. ) Every contract on a bill , whether it be the drawer's,
the acceptor's, or an indorser's, is incomplete and revocable,
until delivery of the instrument in order to give effect thereto.
Provided that where an acceptance is written on a bill , and
the drawee gives notice to or according to the directions of the
person entitled to the bill that he has accepted it , the acceptance
then becomes complete and irrevocable.
BILLS OF EXCHANGE . [ 9 of 1885. ] 727
( 2. ) As between immediate parties, and as regards a remote
party other than a holder in due course, the delivery
( a .) In order to be effectual must be made either by or
under the authority of the party drawing, accepting,
or indorsing, as the case may be :
( 1. ) May be shown to have been conditional or for a special
purpose only, and not for the purpose of transfer
ring the property in the bill.
But if the bill be in the hands of aa holder in due course a
valid delivery of the bill by all parties prior to him so as to
make them liable to him is conclusively presumed.
( 3. ) Where aa bill is no longer in the possession of a party
who has signed it as drawer, acceptor, or indorser, a valid and
unconditional delivery by linn is presumed until the contrary
is proved .
Capacity and authority of parties .
22. ( 1.) Capacity to incar liability as a party, to a bill is parties.
Capacity of
co-extensive with capacity to contract.
Provided that nothing in this section shall enable a corpora
tion to make itself liable as drawer, acceptor, or indorser of a
bill unless it is competent to it so to do under the law for the
time being in force relating to corporations.
( 2. ) Where a bill is drawn or indorsed by an infant, minor,
or corporation having no capacity or power to incur liability
on a bill , the drawing or indorsement entitles the holder to
receive payment of the bill, and to enforce it against any other
party thereto.
Signature
23. No person is liable as drawer, indorser, or acceptor of a essential to
bill who has not signed it as such : provided that liability.
( 1. ) Where a person signs a bill in aа trade or assumed name,
he is liable thereon as if he had signed it in his own name :
( 2. ) The signature of the name of aa firm is equivalent to the
signature by the person so signing of the names of all persons
liable as partners in that firm .
24. Subject to the provisions of this ordinance, where a Forged or
signature on a bill is forged or placed thereon without the unauthorised
authority of the person whose signature it purports to be, the signature.
forged or unauthorised signature is wholly inoperative, and no
right to retain the bill or to give a discharge therefor or to
enforce payment thereof against any party thereto can be
acquired through or under that signature , unless the party
723 [ 9 OF 1885. ] BILLS OF EXCHANGE .
against whom it is sought to retain or enforce payment of
the bill is precluded from setting up the forgery or want of
authority.
Provided that nothing in this section shall affect the ratifica
tion of an unauthorised signature not amounting to a forgery .
Procuration
signatures.
25. A signature by procuration operates as notice that the
agent has but a limited authority to sign, and the principal is
only bound by such signature it the agent in so signing was
acting within the actual limits of his authority.
l'erson sig .
ning as agent
26. ( 1. ) Where a person signs a bill as drawer, indorser, or
or in repre . acceptor, and adds words to his signature, indicating that he
sentative
capacity. signs for or on behalf of аa principal, or in a representative cha
racter, he is not personally liable thereon ; but the mere addition
to his signature of words describing him as an agent, or as filling
a representative character, does not exempt him from personal
liability.
( 2.) In determining whether a signatore on a bill is that of
the principal or that of the agent by whose hand it is written,
the construction most favourable to the validity of the instru
ment shall be adopted .
The consideration for a bill.
Value and 27. ( 1. ) Valuable consideration for аa bill may be constituted
holder for
value . by, -
( a . ) Any consideration sufficient to support a simple con
tract ;
( 6. ) An antecedent debt or liability.Such a debt or lia
bility is deemed valuable consideration whether the
bill is payable on demand or at a future time.
( 2. ) Where value las at any time been given for a bill the
holder is deemed to be a holder for value as regards the acceptor
а
and all parties to the bill who became parties prior to such time.
( 3. ) Where the holder of a bill has a lien on it,arising either
froin contract or by implication of law , he is deemed to be al
holder for value to the extent of the sum for which he has a
lien .
Accommoda
tion bill or
28. ( 1.) An accommodation party to a bill is a person who
party . has signed a bill as drawer, acceptor, or indorser , without
receiving value therefor, and for the purpose of lending his
name to some other person .
( 2. ) An accommodation party is liable on the bill to aa holder
for value ; and it is immaterial whether, when such holder took
the bill , he knew such party to be an accommodation party
Ol' not .
BILLS OF EXCILANGE . [ 9 of 1885. ] 7:29
29. ( 1. ) A holder in due course is a holder who has taken Holder in duc
a bill , complete and regular on the face of it, under the follow- course.,
ing conditions ; namely,
( a . ) That he became the holder of it before it was overdue,
and without notice that it had been previously
dishonoured , if such was the fact :
( 1. ) That he took the bill in good faith and for value, and
that at the time the bill was negotiated to him he
had no notice of any defect in the title of the person
who negotiated it.
( 2.) In particular the title of a person who negotiates a bill
is defective within the meaning of this ordinance when he
obtained the bill , or the acceptance thereof, by frauil, duress,
or force and fear, or other unlawful means, or for an illegal
consideration, or when he negotiates it in breach of faith , or
under such circumstances as amount to a fraud.
( 3. ) A holder (whether for value or not ), who derives his
title to a bill through a holder in due course, and who is not
himself a party to any fraud or illegality affecting it, has all
the rights of that holder in due course as regards the acceptor
and all parties to the bill prior to that holder .
30. ( 1. ) Every party whose signature appears on a bill is ofPresumption
value and
primâ facie deemed to have becomea party thereto for value. good faith .
( 2.) Every holder of a bill is primâ facie deemed to be a
holder in due course ; but if in an action on a bill it is admitted
or proved that the acceptance, issue, or subsequent negotiation
of the bill is affected with fraud, duress, or force and fear, or
illegality, the burden of proof is shifted, unless and until the
holder proves that, subsequent to the alleged fraud or illegality,
value has in good faith been given for the bill .
Negotiation of bills.
31. ( 1. ) A bill is negotiated when it is transferred from one Negotiation
person to another in such a manner as to constitute the trans- of bill..
feree the holder of the bill .
( 2. ) A bill payable to bearer is negotiated by delivery.
( 3. ) A bill payable to order is negotiated by the indorsement
of the holder completed by delivery.
( 4. ) Where the holder of a bill payable to his order transfers
it for value without indorsing it , the transfer gives the trans
feree such title as the transferor had in the bill, and the trans
feree in addition acquires the right to have the indorsement of
the transferor ,
730 OF 1885. ]
[ 9 or BILLS OF EXCHANGE .
( 5. ) Wbere any person is under obligation to indorse a bill
in a representative capacity, he may indorse the bill in such
terms as to negative personal liability.
Requisites of
a valid
32. An indorsement in order to operate as a negotiation
indorsement. must comply with the following conditions, namely :
( 1. ) It must be written on the bill itself and be signed by
the indorser. The simple signature of the indorser on the bill,
without additional words, is sufficient.
An indorsement written on an allonge, or on a copy " of a
bill issued or negotiated in a country where “ copies ” are
recognised , is deemed to be written on the bill itself .
( 2. ) It must be an indorsement of the entire bill. A partial
indorsement, that is to say, an indorsement which purports to
transfer to the indorsee a part only of the amount payable, or
which purports to transfer the bill to tiro or more indorsees
severally, does not operate as a negotiation of the bill.
( 3. ) Where a bill is payable to the order of two or more
payees or indorsees who are not partners all must indorse,
unless the one indorsing has authority to indorse for the others.
( 4. ) Where , in a bill payable to order, the payee or indorsee
is wrongly designated, or his name is mis- spelt, he may indorse
the bill as therein described , adding , if he think fit, his proper
signature .
(5.) Where there are two or more indorsements on a bill,
cach indorsement is deemed to have been made in the order in
which it appears on the bill, until the contrary is proved.
(6.) An indorsement may be made in blank or special. It
may also contain terms making it restrictive.
Conditional
indorsement.
33. Where a bill purports to be indorsed conditionally the
condition may be disregarded by the payer, and payment to
the indorsee is valid whether the condition has been fulfilled
or not.
Indorsement 34. ( 1. ) An indorsement in blank specifies no indorsee, and
in blank and
special a bill so indorsed becomes payable to bearer .
indorsement.
( 2. ) A special indorsement specifies the person to whom , or
to whose order, the bill is to be payable.
( 3. ) The provisions of this ordinance relating to a payee
apply with the necessary modifications to an indorsee under a
special indorsement.
( 4. ) When a bill has been indorsed in blank , any holder may
convert the blank indorsement into a special indorsement by
writing above the indorser's signature a direction to pay the
bill to or to the order of himself or some other person.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 731
35. ( 1. ) An indorsement is restrictive which prohibits the Restrictive
further negotiation of the bill or which expresses that it is a indorsement.
mere anthority to deal with the bill as thereby directed and not
a transfer of the ownership thereof,as, for example, if a bill be
indorsed " Pay D. only,” or “ Pay D. for the account of X.,"
or “ Pay D. or order for collection."
( 2 ) A restrictive indorsement gives the indorsee the right
to receive payment of the bill and to sue any party thereto tbat
his indorser could have sued, but gives him no power to
transfer his rights as indorsee unless it expressly authorise him
to do so.
( 3. ) Where a restrictive indorsement authorises further
transfer, all subsequent indorsces take the bill with the same
rights and subject to the same liabilities as the first indorsee
under the restrictive indorsement.
36. ( 1. ) Where a bill is negotiable in its origin it continues
to be negotiable until it has been ( a ) restrictively indorsed or dishono
af overdue
uredor
( 6 ) discharged by payment or otherwise. bill.
( 2. ) Where an overdue bill is negotiated, it can only be
negotiated subject to any defect of title affecting it at its
maturity, and thenceforward no person who takes it can acquire
or give a better title than that which the person from whom he
took it had .
( 3. ) A bill payable on demand is deemed to be overdue
within the meaning and for the purposes, of this section , when
it appears on the face of it to have been in circulation foran
udreasonable length of time. What is an unreasonable length
of time for this purpose is a question of fact.
( 1. ) Except where an indorsement bears date after the
maturity of the bill, every negotiation is primâ facie deemed to
have been effected before the bill was overdue.
( 5. ) Where a bill which is not overdue has been dishonoured
any person who takes it with notice of the dishonour takes it
subject to any defect of title attaching thereto at the time of
dishonour, but nothing in this subsection shall affect the rights
of a holder in due course.
37. Where a bill is negotiated back to the drawer, or to a Segotiation
prior indorser or to the acceptor, such party may, subject to of bill toalready
the provisions of this ordinance, re-issue and further negotiate party
liable thereon .
the bill , but he is not entitled to enforce payment of the bill
against any intervening party to whom he was previously liable.
38. The rights and powers of the holder of a bill are as Rights of the
follows : holder.
( 1. ) He may sue on the bill in his own name :
7 32 [ 9 or 1885. ] BILLS OF EXCILANGE .
( 2. ) Where he is a holder in due course , he holds the bill
free from any defect of title of prior parties, as well as from
mere personal defences available to prior parties among them
selves, and may enforce payment against all parties liable on
the bill :
( 3.) Where his title is defective ( a) if he negotiates the bill
to a holder in due course, that holder obtains a good and
complete title to the bill, and (b) if he obtains payment of the
bill the person who pays him in due course gets a valid discharge
for the bill.
General duties of the holder.
When pre
sentment for
39. ( 1.) Where a bill is payable aſter sight, presentment for
acceptance is acceptance is necessary in order to fix the maturity of the
necessary . instrument.
( 2. ) Where a bill expressly stipulates that it shall be presented
for acceptance, or where a bill is drawn payable elsewhere than
at the residence or place of business of the drawee it must be
presented for acceptance before it can be presented for payment.
( 3. ) In no other case is presentment for acceptance necessary
in order to render liable any party to the bill.
( 4. ) Where the holder of a bill, drawn payable elsewhere
than at the place of business or residence of the drawee, has
not time, with the exercise of reasonable diligence, to present
the bill for acceptance before presenting it for payment on the
day that it falls due, the delay caused by presenting the bill for
acceptance before presenting it for payment is excused, and
does not discharge the drawer and indorsers.
Time for pre
senting bill 40. ( 1. ) Subject to the provisions of this ordinance, when a
payable after bill payable after sight is negotiated, the holder must either
sight. present it for acceptance or negotiate it within a reasonable
time.
( 2. ) If he do not do so, the drawer and all indorsers prior
to that holder are discharged.
( 3. ) In determining what is a reasonable time within the
meaning of this section, regard shall be had to the nature of the
bill , the usage of trade with respect to similar bills, and the
facts of the particular case.
Rules as to
presentment
41. ( 1. ) A bill is duly presented for acceptance which is
for accept
ance , and
presented in accordance with the following rules :
excuses for ( a .) The presentment must be made by or on behalf of
non - present.
ment.
theholder to the drawee or to some person authorised
to accept or refuse acceptance on his behalf at a
reasonable hour on a business day and before the
bill is overdue:
73 :
BILLS OF EXCHANGE . [ 9 OF 1885. ]
( 6. ) Where a bill is addressed to two or more drawees ,
who are not partners, presentment must be made
to thein all , unless one has authority to accept for
all, then presentment may be made to him only:
>
( c. ) Where the drawee is dead, presentment may be made
to his personal representative:
( d .) Where the drawee is bankrupt, presentinent may be
made to him or to his trustee or assignee.
( e. ) Where authorised by agreement or usage, a present
ment through the Post Office is sufficient.
( 2.) Presentment in accordance with these rules is excused ,
and a bill may be treated as dishonoured by non -acceptancc
( n .) Where the drawee is dead or bankrupt, or is a
fictitious person or a person not having capacity to
contract by bill :
( 10.) Where, after the exercise of a reasonable diligence,
such presentment cannot be effected :
( c.) Where although the presentment has been irregular,
acceptance has been refused on some other ground.
( 3. ) The fact that the holder has reason to believe that the
bill , on presentment, will be dishonoured does not excuse
presentment.
42. ( 1. ) When a bill is duly presented for acceptance and Non-accept
lice .
is not accepted within the customary time, the person presenting
it must treat it as dishonoured by non-acceptance. If he do
not, the holder shall lose his right of recourse against the drawer
and indorsers .
43. ( 1. ) A bill is dishonoured by non -acceptance - Dishonour by
non -accept
( a .) When it is duly presented for acceptance, and such an ance and its
acceptance as is prescribed by this ordinance is consequences.
refused or cannot be obtained ; or
( 6. ) When presentment for acceptance is excused and the
bill is not accepted .
( 2.) Subject to the provisions of this ordinance when a bill
is dishonoured by non -acceptance, an immediate right of recourse
against the drawer and indorsers accrues to the holder, and no
presentment for payment is necessary.
44. ( 1. ) The holder of a bill may refuse to take a qualified Duties as to
acceptance, and if he does not obtain an unqualitied acceptance qualified .
may treat the bill as dishonoured by non -acceptance.
; :; 1 [ 9 of 1885. ) BILLS OF EXCHANGE .
(2.) Where a qualified acceptance is taken , and the drawer
or an indorser bas not expressly or impliedly authorised the
holder to take a qualified acceptance, or does not subsequently
assent thereto, such drawer or indorser is discharged from his
liability on the bill.
The provisions of this sub -section do not apply to a partial
acceptance, whereof due notice has been given. Where a foreign
bill has been accepted as to part, it must be protested as to
the balance.
( 3.) When the drawer or indorser of a bill receives notice of
a qualified acceptance, and does not within a reasonable time
express his dissent to the holder he shall be deemed to have
assented thereto.
Rules as to
presentment
45. Subject to the provisions of this ordinance a bill must
for payment. be duly presented for payment. If it be not so presented the
drawer and indorsers shall be discharged.
A bill is duiy presented for payment which is presented in
accordance with the following rules :
( 1. ) Where the bill is not payable on demand, presentment
must be made on the day it falls due.
( 2. ) Where the bill is payable on demand, then, subject
to the provisions of this ordinance, presentment
must be made within a reasonable time after its
issue in order to render the drawer liable, and within
a reasonable time after its indorsement, in order to
render the indorser liable.
In determining what is a reasonable time, regard shall be
had to the nature of the bill, the usage of trade
with regard to similar bills, and the facts of the
particular case.
( 3. ) Presentment must be made by the holder or by some
person authorised to receive payment on his behalf
at a reasonable hour on a business day, at the
proper place as hereinafter defined , either to the
person designated by the bill as payer, or to some
person authorised to pay or refuse payment on bis
behalf if with the exercise of reasonable diligence
such person can there be found .
( 4.) A bill is presented at the proper place :--
( a . ) Where a place of payment is specified in the
bill and the bill is there presented.
(l..) Where no place of payment is specified , but
the address of the drawee or acceptor is given
in the bill, and the bill is there presented.
BILLS OF EXCHANGE . 9 OF 1883.] 735
( c. ) Where no place of payment is specified and no
address given, and the bill is presented at
the drawee's or acceptor's place of business
if known, and if not, at his ordinary residence
if known .
( 17. ) In any other case if presented to the drawee
or acceptor wherever he can be found , or if
presented at his last krown place of business
or residence.
( 5.) Where a bill is presented at the proper place, and after
the exercise of reasonable diligence no person au
thorised to pay or refuse payment can be found
there, no further presentment to the drawee or
acceptor is required.
(6.) Where aa bill is drawn upon, or accepted by two or
more persons who are not partners, and no place
of payment is specified , presentment must be made
to them all .
( 7. ) Where the drawee or acceptor of a bill is dead , and
no place of payment is specified , presentment must
be made to a personal representative, if such there
be, and with the exercise of reasonable diligence he
can be found .
( 8. ) Where authorised by agreement or usage a present
ment through the Post Office is sufficient.
46. ( 1.) Delay in making presentment for paymentis excused Excuses for
delay ornon
when the delay is caused by circumstances beyond the control presentment
of the holder, and not imputable to liis defauli, misconduct, or for payment.
negligence. When the cause of delay ceases to operate, present
mentmust be made with reasonable diligence.
( 2. ) Presentment for payment is dispensed with
( a . ) Where, after the exercise ofreasonable diligence
presentment, as required by this ordinance,
cannot be effected .
The fact that the holder has reason to believe that
the bill will, on presentment, be dishonoured ,
does not dispense with the necessity for pre
sentment.
( 6. ) Where the drawee is a fictitious person.
( c. ) As regards the drawer, where the drawee or
acceptor is not bound, as between himself
and the drawer, to accept or pay the bill ,
and the drawer has no reason to believe that
the bill would be paid if presented .
736 [9 of 1885. ] BILLS OF EXCHANGE .
( d .) As regards an indorser, where the bill was
accepted or made for the accommodation of
that indorser, and he has no reason to expect
that the bill would be paid if presented .
( e.) By waiver of presentment, express or implied.
Dishonour by 47. ( 1. ) A bill is dishonoured by non - payment (a ) when it
non -payment. is duly presented for payment and payment is refused or cannot
be obtained, or ( V ) when presentment is excused and the bill
is overdue and unpaid .
( 2. ) Subject to the provisions of this ordinance, when a bill
is dishonoured by non -payment, an immediate right of recourse
against the drawer and indorsers accrues to the holder.
Notice of 48. Subject to the provisions of this ordinance, when a bill
dishonour
andeffect of has been dishonoured by non -acceptance or by non -payment,
non - notice,
notice of dishonour must be given to the drawer and each
indorser, and any drawer or indorser to whom such notice is
not given is discharged ; provided that -
--
( 1. ) Where a bill is dishonoured by non -acceptance, and
notice of dishonour is not given, the rights of a
holder in due course subsequent to the omission
shall not be prejudiced by the omission.
( 2. ) Where a bill is dishonoured by non -acceptance and
due notice of dishonour is given, it shall not be
necessary to give notice of a subsequent dishonour
by non -payment unless the bill shall in the mean
time have been accepted.
Rules as to 49. Notice of dishonour in order to be valid and effectual
notice of
dishonour, must be given in accordance with the following rules :
( 1. ) The notice must be given by or on behalf of the
holder, or by or on belialf of an indorser who, at
the time of giving it, is himself liable on the bill .
2.) Notice of dislonou may be given by an agent either
in his own name, or in the name of any party en
titled to give notice, whether that party be his
principal or not.
( 3. ) Where the notice is given by or on behalf of the
holder, it enures for the benefit of all subsequent
bolders and all prior indorsers who have a right of
recourse against the party to whom it is given .
( 4.) Where notice is given by or on behalf of an indorser
entitled to give notice as herein -before provided, it
chures for the benefit of the holder and all indorsers
subsequent to the party to whom notice is given.
BILLS OF EXCIIANGE , [ 9 or 1885. ] 737
( 5. ) The notice may be given in writing or by personal
communication, and may be given in any terms
which sufficiently identify the bill, and intimate that
the bill has been dishonoured by non -acceptance or
non -payment.
(6.) The return of a dishonoured bill to the drawer or an
indorser is, in point of form , deemed a sufficient
notice of dishonour.
( 7. ) A written notice need not be signed, and an insuffi
cient written notice may be supplemented and val
idated by verbal communication . A misdescription
of the bill shall not vitiate the notice unless the
party to whom the notice is given is in fact misled
thereby.
( 8 ) Where notice of dishonour is required to be given to
any person , it may be given either to the party
himself, or to his agent in that behalf.
( 9. ) Where the drawer or indorser is dead, and the party
giving notice knows it , the notice must be given to
a personal representative if such there be , and with
the exercise of reasonable diligence he can be found .
( 10. ) Where the drawer or indorser is bankrupt, notice
may be given either to the party himself or to the
trustee or assignee .
( 11. ) Where there are two or more drawers or indorsers
who are not partners, notice must be given to each
of them , unless one of them has authority to receive
such notice for the others .
( 12. ) The notice may be given as soon as the bill is dis
honoured and must be given within a reasonable
time thereafter .
In the absence of special circumstances notice is not deemed
to have been given within a reasonable time, unless
( a.) Where the person giving and the person to
receive notice reside in the same place, the
notice is given or sent off in time to reach
the latter on the day after the dishonour of
the bill .
( 6. ) Where the person giving and the person to
receive notice reside in different places, the
notice is sent off on the day after the dis
honour of the bill , if there be a post at a
convenient hour on that day, and if there
be no such post on that day then by the
next post thereafter.
738 [ 9 OF 1885. ] BILLS OF EXCHANGE .
( 13. ) Where a bill when dishonoured is in the hands of an
agent, he may either himself give notice to the
parties liable on the bill , or he may give notice to
his principal. If he give notice to his principal,
le must do so within the saine time as if he were
the holder,and the principal upon receipt of such
notice has himself the same time for giving notice
as if the agent had been an independent holder.
( 14. ) Where a party to a bill receives due notice of
dishonour, he has after the receipt of such notice
the same period of time for giving notice to
antecedent parties that the holder has after the
dishonour.
( 15. ) Where a notice of dishonour is duly addressed and
posted, the sender is deemed to have given due
notice of dishonour, notwithstanding any miscar
riage by the Post Office.
Excuses for
non - notice
50. ( 1. ) Delay in giving notice of dishonour is excused
and delay . where the delay is caused by circumstances beyond the control
of the party giving notice , and not imputable to his default,
misconduct, or negligence. When the cause of delay ceases to
operate the noticemust be given with reasonable diligence.
( 2. ) Notice of dishonour is dispensed with ---
(a. ) When, after the exercise of reasonable diligence, notice
as required by this ordinance cannot be given to or
does not reach the drawer or indorser sought to be
charged ;
( 6. ) By waiver express or implied. Notice of dishonour
may be waived before the time of giving notice has
arrived , or after the omission to give due notice:
( c.) As regards the drawer in the following cases, namely,
( 1) where drawer and drawee are the same person ,
( 2 ) where the drawee is a fictitious person or a
person not having capacity to contract, ( 3 ) where
the drawer is the person to whom the bill is presented
for payment, ( 4 ) where the drawee or acceptor is
as between himself and the drawer under no
obligation to accept or pay the bill, ( 5 ) where the
drawer has countermanded payment:
( d. ) As regards the indorser in the following cases, namely,
( 1) where the drawee is a fictitious person or a
person not having capacity to contract and the
indorser was aware of the fact at the time he indorsed
the bill , ( 2 ) where the indorser is the person to
whom the bill is presented for payment, ( 3 ) where
the bill was accepted or made for his accommodation .
BILLS OF EXCHANGE. [ 9 OF 1885. ] 739
51. ( 1. ) Where an inland bill has been dishonoured it may, Noting or
if the holder think fit, be noted for non -acceptance or non protest of bill .
payment, as the case may be ; but it shall not be necessary to
note or protest any such bill in order to preserve the recourse
against the drawer or indorser .
(2. ) Where a foreign bill, appearing on the face of it to be
such , has been dishonoured by non -acceptance it must be duly
protested for non - acceptance , and where such a bill, which has
not been previously dishonoured by non -acceptance, is dishon
oured by non -payment it must be duly protested for non
payment. If it be not so protested the drawer and indorsers
are discharged . Where a bill does not appear on the face of it
to be a foreign bill, protest thereof in case of dishonour is
unnecessary .
( 3. ) A bill which has been protested for non -acceptance may
be subsequently protested for non -payment.
( 4. ) Subject to the provisions of this ordinance, when a bill
is noted or protested, it must be noted on the day of its dishonour.
When a bill has been duly noted, the protest may be subsequently
extended as of the date of the noting.
( 5. ) Where the acceptor of a bill becomes bankrupt or
insolvent or suspends payment before it matures, the holder
may cause the bill to be protested for better security against
the drawer and indorsers.
( 6.) A bill must be protested at the place where it is
dishonoured : Provided that
(a.) When a bill is presented through the Post Office, and
returned by post dishonoured ,, it may be protested
at the place to which it is returned and on the day
of its return if received during business hours, and
if not received during business hours, then not
later than the next business day :
( 6. ) When a bill drawn payable at the place of business
or residence of some person other than the drawee,
has been dishonoured by non -acceptance, it must
be protested for non -payment at the place where it
is expressed to be payable, and no further present
ment for payment to, or demand on , the drawee is
necessary.
( 7. ) A protest must contain a copy of the bill , and must be
signed by the notary making it, and must specify—
(a. ) The person at whose request the bill is protested :
740 [ 9 of 1885. ] BILLS OF EXCIIANGE ,
(6. ) The place and date of protest, the cause or reason for
protesting the bill, the demand made, and the
answer given, if any, or the fact that the drawee
or acceptor could not be found .
( 8. ) Where a bill is lost or destroyed , or is wrongly detained
from the person entitled to hold it, protest may be made on a
copy or written particulars thereof.
( 9. ) Protest is dispensed with by any circumstance which
would dispense with notice of dishonour. Delay in noting or
protesting is excused when the delay is caused by circumstances
beyond the control of the holder, and not imputable to his
default, misconduct, or negligence. When the cause of delay
ceases to operate the bill must be noted or protested with
reasonable diligence.
Duties of
holder as
52. ( 1. ) When a bill is accepted generally, presentment for
regards payment is not necessary in order to render the acceptor liable.
drawee or
acceptor, ( 2. ) When by the terms of a qualified acceptance present
ment for payment is required, the acceptor, in the absence of
an express stipulation to that effect, is not discharged by the
omission to present the bill for payment on the day that it
matures.
( 3. ) In order to render the acceptor of aа bill liable it is not
necessary to protest it, or that notice of dishonour should be
given to him .
( 4. ) Where the holder of a bill presents it for payment, he
shall exhibit the bill to the person from whom he demands
payment, and when a bill is paid the holder shall forthwith
deliver it up to the party paying it .
Liabilities of parties.
Funds in 53. A bill , of itself, does not operate as an assignment of
hands of
drawee .
funds in the hands of the drawee available for the payment
thereof, and the drawee of a bill who does not accept as required
by this ordinance is not liable on the instrument.
Liability of
acceptor,
54. The acceptor of a bill, by accepting it
>
( 1. ) Engages that he will pay it according to the
tenor of his acceptance :
( 2. ) Is precluded from denying to a holder in due
course :
( a .) The existence of the drawer, the genuineness of his
signature, and his capacity and authority to draw
the bill;
BILLS OF EXCHANGE . [ 9 OF 1885. ] 741
( 6. ) In the case of a bill payable to drawer's order, the
then capacity of the drawer to indorse, but not the
genuineness or validity of his indorsement;
( c. ) In the case of a bill payable to the order of a third
person, the existence of the payee and his then
capacity to indorse, but not the genuineness or
validity of his indorsement.
55. ( 1. ) The drawer of a bill by drawing it-
( a. ) Engages that on due presentment it shall be accepted dra
Liability
wer orof
.
and paid according to its tenor, and that if it be indorser.
.
dishonoured he will compensate the holder or any
indorser who is compelled to pay it, provided that
the requisite proceedings on dishonour be duly
taken ;
( 6. ) Is precluded frora denying to a holder in due course
the existence of the payee and his then capacity to
indorse.
( 2. ) The indorser of aa bill by indorsing it
(a. ) Engages that on due presentment it shall be accepted
and paid according to its tenor, and that if it be
dishonoured he will compensate the holder or a
subsequent indorser who is compelled to pay it,
provided that the requisite proceedings on dis
honour be duly taken ;
( 6. ) Is precluded from denying to a holder in due course
the genuineness and regularity in all respects of the
drawer's signature and all previous indorsements ;
( c.) Is precluded from denying to his immediate or a
subsequent indorsee that the bill was at the time of
his indorsement a valid and subsisting bill, and
that he had then a good title thereto.
56. Where a person signs a bill otherwise than as drawer or Strangerbill
signingas
acceptor, he thereby incurs the liabilities of an indorser to a indor
liable
holder in due course . ser.
57. Where a bill is dishonoured, the measure of damages, Measure of
damages
which shall be deemed to be liquidated damages, shall be as against
follows : parties to
dishonoured
( 1. ) The holder may recover from any party liable on bill.
the bill , and the drawer who has been compelled to
pay the bill may recover from the acceptor, and an
indorser who has been compelled to pay the bill
may recover from the acceptor or from the drawer,
or from a prior indorser
742 [ 9 of 1885. ] BILLS OF EXCHANGE .
( a . ) The amount of the bill .
(6. ) Interest thereon from the time of presentment
for payment if the bill is payable on demand ,
and from the maturity of the bill in any
other case :
( c.) The expenses of noting , or , when protest is
necessary, and the protest has been extended,
the expenses of protest.
( 2. ) In the case of a bill which has been dishonoured
abroad, in lieu of the above damages, the holder
may recover from the drawer or an indorser, and
the drawer or an indorser who has been compel
to pay the bill may recover from any party liable
to him , the amount of the re -exchange with interest
thereon until the time of payment.
( 3. ) Where by this ordinance interest may be recovered
as damages, such interest may, if justice require it,
be withheld wholly or in part, and where a bill is
expressed to be payable with interest at a given
rate, interest as damages may or may not be given
at the same rate as interest proper.
Transferor by
delivery and 58. ( 1. ) Where the holder of a bill payable to bearer
transferee. negotiates it by delivery without indorsing it, he is called a
“ transferor by delivery.”
( 2.) A transferor by delivery is not liable on the instrument.
( 3. ) A transferor by delivery who negotiates a bill thereby
warrants to his immediate transferee, being a bolder for value,
that the bill is what it purports to be, that he has a right to
transfer it , and that at the time of transfer he is not aware of any
>
fact which renders it valueless.
Discharge of bill.
Payment in
due course . 59. (1.) A bill is discharged by payment in due course by
or on behalf of the drawee or acceptor.
66
Payment in ciue course means payment made at or after
thematurity of the bill to the holder thereof in good faith and
without notice that his title to the bill is defective.
( 2. ) Subject to the provisions hereinafter contained , when a
bill is paid by the drawer or an indorser it is not discharged ; but
(a. ) Where a bill payable to, or to the order of, a third
party is paid by the drawer, the drawer may enforce
payment thereof against the acceptor, but may not
re - issue the bill.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 743
( 6. ) Where a bill is paid by an indorser, or where a bill
payable to drawer's order is paid by the drawer,
the party paying it is remitted to his former rights
as regards the acceptor or antecedent parties, and
he may , if he thinks fit, strike out his own and
subsequent indorsements, and again negotiate the
bill .
( 3. ) Where an accommodation bill is paid in due course by
the party accommodated the bill is discharged .
60. When a bill payable to order on demand is drawn on a Banker pay:
banker, and the banker on whom it is drawn pays the bill in ing demand
good faith and in the ordinary course of business, it is not isindorsement
forged .
incumbent on the banker to show that the indorsement of the
payee or any subsequent indorsement was made by or under
the authority of the person whose indorsement it purports to
be, and the banker is deemed to have paid the bill in due course,
although such indorsement has been forged or made without
authority.
61. When the acceptor of a bill is or becomes the holder of it Acceptor the
at or after its maturity, in his own right, the bill is discharged. maturity.
62. ( 1. ) When the holder of a bill at or after its maturity Express
absolutely and unconditionally renounces his rights against the waiver.
acceptor the bill is discharged.
The renunciation must be in writing, unless tlie bill is deliv
ered up to the acceptor .
( 2. ) The liabilities of any party to a bill may in like manner
be renounced by the holder before, at , or after its maturity ;
but nothing in this section shall affect the rights of a holder in
due course without notice of the renunciation .
63. ( 1. ) Where a bill is intentionally cancelled by the holder Cancellation.
or his agent, and the cancellation is apparent thereon, the bill
is discharged .
( 2. ) In like manner any party liable on a bill may be dis
charged by the intentional cancellation of his signature by the
holder or his agent. In such case any indorser who would
have had a right of recourse against the party whose signature
is cancelled , is also discharged.
3.) A cancellation made unintentionally, or under a mistake,
or without the authority of the holder is inoperative ; but where
a bill or any signature thereon appears to have been cancelled
the burden of proof lies on the party who alleges that the can
cellation was made unintentionally ,or under a mistake,or with
out authority.
744 [ 9 OF 1885. ] BILLS OF EXCHANGE .
Alteration of
bill .
64. ( 1. ) Where a bill or acceptance is materially altered
without the assent of all parties liable on the bill , the bill is
avoided except as against a party who has himself made, au
thorised, or assented to the alteration, and subsequent indorsers.
Provided that,
Where a bill has been materially altered, but the alteration
is not apparent, and the bill is in the hands of a holder
in due course, such holder may avail himself of the
bill as if it had not been alterėd , and may enforce
payment of it according to its original tenour.
( 2.) In particular the following alterations are material ,
namely, any alteration of the date, the sum payable, the time of
payment, the place of payment, and, where a bill has been
accepted generally, the addition of a place of payment without
the acceptor's assent.
Acceptance and payment for honour.
Acceptance
for honour
65. ( 1. ) Where a bill of exchange has been protested for
suprà protest. dishonour by non -acceptance, or protested for better security ,
and is not overdue, any person , not being a party already liable
thereon, may, with the consent of the holder, intervene and
accept the bill suprà protest, for the honour of any party liable
thereon, or for the honour of the person for whose account the
bill is drawn.
( 2. ) A bill may be accepted for honour for part only of the
sum for which it is drawn .
( 3. ) An acceptance for honour suprà protest in order to be
valid must
( a .) Be written on the bill , and indicate that it is an ac
ceptance for honour :
( 6. ) Be signed by the acceptor for honour.
( 4. ) Where an acceptance for honour does not expressly
state for whose honour it is made, it is deemed to be an accept
ance for the honour of the drawer.
( 5. ) Where a bill payable after sight is accepted for honour,
its maturity is calculated from the date of the noting for non
acceptance, and not from the date of the acceptance for honour.
Liability of 66. ( 1. ) The acceptor for honour of a bill by accepting it
acceptor for
honour, engages that he will, on due presentment, pay the bill according
to the tenor of his acceptance, if it is not paid by the drawee,
provided it has been duly presented for payment, and protested
for non -payment, and that he receives notice of these facts.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 715
( 2. ) The acceptor for honour is liable to the holder and to
all parties to the bill subsequent to the party for whose honour
he has accepted .
67. ( 1. ) Where a dishonoured bill has been accepted for to Presentment
honour suprà protest, or contains a reference in case of need, it for acceptor
honour.
must be protested for non - payment before it is presented for
payment to the acceptor for honour, or referee in case of need .
( 2. ) Where the address of the acceptor for honour is in the
same place where the bill is protested for non-payment, the bill
must be presented to him not later than the day following its
maturity ; and where the address of the acceptor for honour is
in some place other than the place where it was protested for
non -payment, the bill must be forwarded not later than the day
following its maturity for presentment to him .
( 3. ) Delay in presentment or non -presentment is excused
by any circumstance which would excuse delay in presentment
for payment or non - presentment for payment.
( 4. ) When aa bill of exchange is dishonoured by the acceptor
for honour it must be protested for non - payment by him .
68. ( 1. ) Where a bill has been protested for non-payment, Payment for
any person may intervene and pay it suprà protest for the honour
protest. suprà
honour of any party liable thereon, or for the honour of the
person for whose account the bill is drawn.
( 2. ) Where two or more persons offer to pay a bill for the
honour of different parties, the person whose payment will dis
charge most parties to the bill shall have the preference.
( 3. ) Payment for honour suprà protest, in order to operate
as such and not as a mere voluntary payment, must be attested
by a notarial act of honour which may be appended to the
protest or form an extension of it .
( 4. ) The notarial act of honour must be founded on a decla
ration made by the payer for honour, or his agent in that
behalf, declaring his intention to pay the bill for honour, and
for whose honour he pays.
( 5. ) Where a bill has been paid for honour, all parties, sub
sequent to the party for whose honour it is paid are discharged,
but the payer for honour is subrogated for, and succeeds to
both the rights and duties of the holder as regards the party
for whose honour he pays, and all parties liable to that party.
( 6. ) The payer for honour on paying to the holder the
amount of the bill and the notarial expenses incidental to its
dishonour is entitled to receive both the bill itself and the
protest. · If the holder do not on demand deliver them up he
shall be liable to the payer for honour in damages.
746 [ 9 OF 1885. BILLS OF EXCHANGE .
( 7. ) Where the holder of a bill refuses to receive payment
suprà protest he shall lose his right of recourse against any
party who would liave been discharged by such payment.
Lost instruments.
Holder's right 69. Where a bill has been lost before it is overdue, the
to duplicate
of lost bill. person who was the holder of it may apply to the drawer to
give him another bill of the same tenour, giving security to the
ons atever
drawer if required to indemnify him against all pers wh
in case the bill alleged to have been lost shall be found again .
If the drawer on request as aforesaid refuses to give such
duplicate bill, he may be compelled to do so.
Action on lost
bill. 70. In any action or proceeding upon a bill, the Court or a
Judge may order that the loss of the instrument shall not be
set up, provided an indemnity be given to the satisfaction of
the Court or Judge against the claims of any other person upon
the instrument in question .
Bill in a set.
Rules as to
sets .
71. ( 1. ) Where a bill is drawn in a set, each part of the set
being numbered, and containing a reference to the other parts,
the whole of the parts constitute one bill .
( 2. ) Where the holder of a set indorses two or more parts
to different persons, he is liable on every such part, and every
indorser subsequent to him is liable on the part, he has him
self indorsed as if the said parts were separate bills.
( 3. ) Where two or more parts of a set are negotiated to
different holders in due course, the holder whose title first
accrues is as between such holders deemed the true owner of
the bill ; but nothing in this subsection shall affect the rights
of a person who in due course accepts or pays the part first
presented to him .
( 4. ) The acceptance may be written on any part, and it
must be written on one part only.
If the drawee accepts more than one part and such accepted
parts get into the hands of different holders in due course, he
is liable on every such part as if it were a separate bill .
( 5. ) When the acceptor of a bill drawn in a set pays it with
out requiring the part bearing his acceptance to be delivered up
to him , and that part at maturity is outstanding in the hands
of a holder in due course, he is liable to the holder thereof.
( 6. ) Subject to the preceding rules, where any one part of a
bill drawn in a set is discharged by payment or otherwise, the
whole bill is discharged .
BILLS OF EXCHANGE . [ 9 OF 1885. ] 747
Conflict of laws.
72. Where a bill drawn in one country is negotiated, accepted , law's where.
Rulesconflict
or payable in another, the rights, duties, and liabilities of the
parties thereto are determined as follows :
( 1. ) The validity of a bill as regards requisites in form is
determined by the law of the place of issue, and the validity as
regards requisites in form of the supervening contracts, such as
acceptance, or indorsement, or acceptance suprà protest, is
determined by the law of the place where such contract was
made .
Provided that
( a. ) Where a bill is issued ont of this Colony it is not
invalid by reason only that it is not stamped in
accordance with the law of the place of issue :
( 6. ) Where a bill, issued out of this Colony, conforms, as
regards requisites in form , to the law of this Colony,
it may , for the purpose of enforcing payment thereof,
be treated as valid as between all persons who
negotiate, hold, or become parties to it in this
Colony.
(2. ) Subject to the provisions of this ordinance, the inter
pretation of the drawing, indorsement, acceptance, or acceptance
suprà protest of a bill, is determined by the law of the place
where such contract is made.
Provided that where an inland bill is indorsed in a foreign
country the indorsement shall as regards the payer be interpreted
according to the law of this Colony.
3.) The duties of the holder with respect to presentment
for acceptance or payment and the necessity for or sufficiency
of a protest or notice of dishonour, or otherwise, are determined
>
by the law of the place where the act is done or the bill is .
dishonoured .
( 4. ) Where a bill is drawn out of but payable in this Colony
and the sum payable is not expressed in the currency of this
Colony, the amount shall, in the absence of some express
stipulation, be calculated according to the rate of exchange for
sight drafts at the place of payment on the day the bill is
payable.
( 5. ) Where a bill is drawn in one country and is payable in
another, the due date thereof is determined according to the
law of the place where it is payable.
7.18 [ 9 OF 1885. ] BILLS OF EXCHANGE .
PART III .
CHEQUES ON A BANKER .
Cheque
defined .
73. A cheque is a bill of exchange drawn on a banker payable
on demand .
Except as otherwise provided in this part, the provisions of
this ordinance applicable to a bill of exchange payable on
demand apply to a cheque .
Presentment 74. Subject to the provisions of this ordinance
of cheque for
payment. ( 1. ) Where a cheque is not presented for payment within
a reasonable time of its issue, and the drawer or the
person on whose account it is drawn had the right
at the time of such presentment as between him and
the banker to have the cheque paid and suffers
actual damage through the delay, he is discbarged
to the extent of such damage, that is to say, to the
extent to which such drawer or person is a creditor
of such banker to a larger amount than he would
have been had such cheque been paid .
( 2. ) In determining what is a reasonable time regard shall
be had to the nature of the instrument, the usage
of trade and of bankers, and the facts of the
particular case.
( 3. ) The holder of such cheque as to which such drawer
or person is discharged shall be a creditor, in lieu
of such drawer or person , of such banker to the
extent of such discharge and entitled to recover the
amount from him .
Revocation of
75. The duty and authority of a banker to pay a cheque
banker’sau- drawn on him by his customer are determined by—
thority.
( 1. ) Countermand of payment :
2.) Notice of the customer's death .
Crossel Cheques.
General and 76. ( 1. ) Where a cheque bears across its face an addition of —
special cross .
ings defined . ( a. ) The words “ and company ” or any abbreviation
thereof between two parallel transverse lines,either
with or without the words “ not negotiable ; ” or
( 6. ) Two parallel transverse lines simply, either with or
without the words “ not negotiable ; ”
that addition constitutes a crossing, and the cheque is crossed
generally.
BILLS OF EXCHANGE . [ 9 OF 1885. ] 749
( 2. ) Where a cheque bears across its face an addition of the
name of a banker, either with or without the words " ' not
negotiable ,” that addition constitutes a crossing, and the cheque
is crossed specially and to that banker .
77. ( 1.) A cheque may be crossed generally or specially by drawer
Crossingorby
the drawer. after issuc.
( 2. ) Where a cheque is uncrossed, the holder may cross it
generally or specially.
( 3. ) Where a cheque is crossed generally the holder may
cross it specially
( 4. ) Where a cheque is crossed generally or specially, the
holder may add the words “ not negotiable.'
( 5. ) Where a cheque is crossed specially, the banker to whom
it is crossed may again cross it specially to another banker for
collection .
( 6. ) Where an uncrossed cheque, or a cheque crossed
generally, is sent to a banker for collection, he may cross it
specially to himself.
78. A crossing authorised by this ordinance is a material niat
Crossing a
erial part
part of the cheque; it shall not be lawful for any person to of cheque.
obliterate or except as authorised by tliis ordinance , to add to
or alter the crossing.
79. ( 1. ) Where a cheque is crossed specially to more than Duties of
one banker except when crossed to an agent for collection being banker as to
a banker, the banker on whom it is drawn shall refuse payment cheques.
thereof.
( 2. ) Where the banker, on whom a cheque is drawn which is
so crossed, nevertheless pays the same, or pays a cheque crossed
generally otherwise than to a banker, or if crossed specially
otherwise than to the banker to whom it is crossed , or his agent
for collection being a banker, he is liable to the true owner of
the cheque for any loss he may sustain owing to the cheque
having been so paid .
Provided that where a cheque is presented for payment which
does not at the time of presentment appear to be crossed, or to
have had a crossing which has been obliterated , or to have been
added to or altered otherwise than as authorised by this ordi
nance, the banker paying the cheque in good faith and without
negligence shall not be responsible or incur any liability, nor
shall the payment be questioned by reason of the cheque having
been crossed, or of the crossing having been obliterated or
having been added to or altered otherwise than as authorised
by this ordinance, and of payment having been made otherwise
750 [ 9 or 1885. ] BILLS OF EXCHANGE .
than to a banker or to the banker to whom the cheque is or
was crossed, or to his agent for collection being a banker, as
the case may be.
Protection to 80. Where the banker, on whom a crossed cheque is drawn,
banker and
drawer where
cheque is
in good faith and without negligence pays it, if crossed generally,
crossed.
to a banker, and if crossed specially, to the banker to whom it
is crossed, or his agent for collection being a banker, the banker
paying the cheque, and, if the cheque has come into the hands
of the payee, the drawer, shall respectively be entitled to the
same rights and be placed in the same position as if payment of
the cheque had been made to the true owner thereof.
Effect of
crossing on 81. Where a person takes aa crossed cheque which bears on
holler. it the words “ not negotiable," he shall not have and shall not
be capable of giving a better title to the cheque than that which
the person from whom he took it had.
Protection to
collecting 82. Where a banker in good faith and without negligence
banker. receives payment for a customer of a cheque crossed generally
or specially to himself, and the customer has no title or a
defective title thereto, the banker shall not incur any liability
to the true owner
received
of the cheque by reason only of having
payment
such .
PART IV .
PROMISSORY NOTES .
I'romissory
note defined . 83. ( 1.) A promissory note is an unconditional promise in
writing made by one person to another signed by the maker,
engaging to pay, on demand or at a fixed or determinable future
time , a sum certain in money, to, or to the order of, a specified
person or to bearer.
( 2. ) An instrument in the form of a note payable to maker's
order is not a note within the meaning of this section unless
and until it is indorsed by the maker.
( 3. ) A note is not invalid by reason only that it contains
also a pledge of collateral security with authority to sell or
dispose thereof.
(4.) A note which is , or on the face of it purports to be, both
made and payable within this Colony is an inland note . Any
other note is a foreign note.
Delivery 84. A promissory note is inchoate and incomplete until
necessary .
delivery thereof to the payce or bearer.
BILLS OF EXCHANGE . [ 9 of 1885. ] 751
85. ( 1.) A promissory note may be made by two or more Joint and
makers, and they may be liable thereon jointly, or jointly and several notes.
severally according to its tenour.
( 2. ) Where a note runs “ I promise to pay ” and is signed by
two or more persons it is deemed to be their joint and several
note .
86. ( 1. ) Where a note payable on demanil has been indorsed, Note payable
it must be presented for payment within a reasonable time of on demand .
the indorsement. If it be not so presented the indorser is
discharged .
( 2.) In determining what is a reasonable time, regard shall
be bad to the nature of the instrument, the usage of trade, and
the facts of the particular case.
( 3. ) Where a note payable on demand is negotiated, it is not
deemed to be overdue, for the purpose of affecting the holder
with defects of title of which he hal no notice, by reason that
it appears that a reasonable time for presenting it for payment
has elapsed since its issue.
87. ( 1. ) Where a promissory note is in the body of it made ofPresentment
note for
payable at a particular place, it must be presented for payment payment.
at that place in order to render the maker liable. In any other
case, presentment for payment is not necessary in order to
render the maker liable.
( 2. ) Presentment for payment is necessary in order to render
the indorser of a note liable.
( 3. ) Where a note is in the body of it made payable at a
particular place, presentment at that place is necessary in order
to render an indorser liable ; but when a place of payment is
indicated by way of memorandum only, presentment at that
place is sufficient to render the indorser liable, but a present
inent to the maker elsewhere, if sufficient in other respects, shall
also suffice .
88. The maker of a promissory note by making it- Liability of
maker.
( 1. ) Engages that he will pay it according to its tenour ;
( 2. ) Is precluded from denying to aa holder in due course
the existence of the payee and his then capacity to
ipdorse.
89. ( 1.) Subject to the provisions in this part and, except Application
as by this section provided, the provisions of this ordinance of part II. to
relating to bills of exchange apply, with the necessary modifi.
cations, to promissory notes.
752 [ 9 of 1885. ) BILLS OF EXCHANGE .
( 2. ) In applying those provisions the maker of a note shall
be deemed to correspond with the acceptor of a bill, and the
first indorser of a note shall be deemed to correspond with the
drawer of an accepted bill payable to drawer's order.
( 3. ) The following provisions as to bills do not apply to
notes ; namely, provisions relating to-
( a. ) Presentment for acceptance ;
( 6. ) Acceptance :
( c.) Acceptance suprà protest ;
( d. ) Bills in a set .
(4.) Where a foreign note is dishonoured, protest thereof is
unnecessary .
PART V.
SUPPLEMENTARY.
Good faith . 90. A thing is deemed to be done in good faith, within the
meaning of this ordinance, where it is in fact done honestly ,
whether it is done negligently or not .
Signature. 91. ( 1.) Where, by this ordinance, any instrument or writing
1
is required to be signed by any person, it is not necessary that
he should sign it with his own hand, but it is sufficient if bis
signature is written thereon by some other person by or under
his authority .
( 2. ) In the case of a corporation , where, by this ordinance ,
any instrument or writing is required to be signed, it is suffi
cient if the instrument or writing be sealed with the corporate seal .
But nothing in this section shall be construed as requiring
the bill or note of a corporation to be under seal.
Computation 92. Where, by this ordinance, the time limited for doing
of time.
any act or thing is less than three days, in reckoning time,
non-business days are excluded .
“ Non -business days ” for the purposes of this ordinance
means
Sundays and public holidays and bank holidays within the
meaning ofthese terms as used in Ordinance 6 of 1875 .
When noting
93. For the purposes of this ordinance, where a bill or note
comunicatlent to is required to be protested within a specified time or before
protest.
some further proceeding is taken , it is sufficient that the bill
has been noted for protest before the expiration of the specified
time or the taking of the proceeding ; and the formal protest
may be extended at any time thereafter as of the date of the
noting
Protest when 94. Where a dishonoured bill or note is authorised or
notary not
accessible . required to be protested, and the services of a notary cannot be
obtained at the place where the bill is dishonoured , any house
BILLS OF EXCHANGE. [ 9 OF 1885. ] 753
holder or substantial resident of the place may, in the presence
of two witnesses, give a certificate, signed by them , attesting
the dishonour of the bill, and the certificate shall in all respects
operate as if it were a formal protest of the bill .
The form given in the schedule to this ordinance may be
used with necessary modifications, and if used shall be sufficient.
95. The provisions of this ordinance as to crossed cheques Dividend
warrants may
shall apply to a warrant for payment of dividend. be crossed .
* *
97. ( 1. ) The rules in bankruptcy relating to bills of ex . Savings.
change, promissory notes, and cheques, shall continue to apply
thereto notwithstanding anything in this ordinance contained.
( 2.) The rules of common law including the law merchant, Ordinances
save in so far as they are inconsistent with the express pro- not affected.
visions of this ordinance, shall continue to apply to bills of
exchange, promissory notes, and cheques.
( 3. ) Nothing in this ordinance or in any repeal effected
thereby shall affect
(n. ) The provisions of the Stamp Ordinances, 1884, 1885, *
[* Repealed :
see No. 16
or ordinances amending the same or any law of 1856.]
enactment for the time being in force relating to
the revenue :
(1. ) The provisions of the Companies' Ordinance , 1865,
or ordinances amending it or any ordinance relating
to joint stock banks or companies :
( c.) The validity of any usage relating to dividend war
rants, or the indorsements thereof.
98. Where any ordinance or document refers to any enact- Construction
ment repealed by this ordinance, the ordinance or document with other
ordinance.
shall be construed , and shall operate, as if it referred to the
corresponding provisions of this ordinance.
SCHEDULE .
Form of protest which may be used when the services of a notary
cannot be obtained.
Know all men that I, A.B. of
at the request of
C.D., there being no notary public available , did on the
day of 188 at demand payment [ or acceptance of the
bill of exchange hereunder written, from E.F., to which demand he made
answer ( state answer, if any )wherefore I now, in the presence of G.H. and
J.K. do protest the said bill of exchange.
( Signed ) A.B.
G.H. 1
J.KS Witnesses.
X.B. — The bill itself should be annexed, or a copy of the bill and all that
is written thereon should be underwritten ,
[ 10 OF 1885. ) INCORPORATION OF THE VICAR APOSTOLIC OF THE
ROMAN CATHOLIC CHURCH .
1
No. 10 OF 1885. 1
An Ordinance for the Incorporation of the Vicar
Apostolic of the Roman Catholic Church in Hong
kong
[15th May, 1885. ]
* -X
Vicar Apos
tolic of the 1. The Right Reverend Joun TIMOLEONE RAIMONDI the
Roman Roman Catholic Titular Bishop of Acantho and holding the
Catholic
Church in ecclesiastical appointment of Vicar Apostolic of the Roman
Hongkong
be a boily
to Catholic Church in Hongkong, and his successors holding the
corporate,
said appointment or the Roman Catholic dignitary for the time
being having the supreme ecclesiastical jurisdiction in this 1
Colony, in the Roman Catholic Church , shall be a body corporate
and shall for the purposes of this ordinance have the name of
“ The Vicar Apostolic of the Roman Catholic Church in
Hongkong ,” and by that name shall have perpetual succession
and shall and may sue and be sued in all Courts of Justice and
before all Magistrates in this Colony, and shall and may have
and use a common seal, and the said seal may from time to time
break , change, alter, and make anew as to the said corporation
may seem fit, and the said corporation shall have full power to
acquire,, purchase, take, hold , and enjoy for the use of the
Roman Catholic Church in this Colony all lands, messuages ,
and tenements of what nature or kind soever for a life or lives ,
or for a term of years, and also all manner of goods and chattels
whatsoever, and the said corporation is hereby further empowered
from time to time by deed under its seal to mortgage, sell , or
demise, grant, convey, or otherwise dispose of any lands,
buildings, messuages, and tenements by this ordinance vested,
or that may hereafter be vested in the said corporation upon
such terms as the said corporation may see fit: provided always
that no lands, buildings, messuages, or tenements acquired with
public money or granted by the government of the Colony for
any special purpose previous to the passing of this ordinance
shall be disposed of without the consent of the Governor for the
time being in Council .
Lands, &c. , 2. The lands, buildings, messuages , and tenements in this
now vested in Colony at the time of the passing of this ordinance vested or
the Sacred
Congregation purporting to be vested in the Sacred Congregation of the
gation ofor the Propagation of the Faith or in the said Right Reverend John
Faith, Bishop TIMOLEONE RAIMONDI in his own right or as trustee for or
RAIMONDI
and the late procurator of the said Sacred Congregation or in the name of
INCORPORATION OF THE VICAR APOSTOLIC OF THE [ 10 or 1885.] ززز
ROMAN CATHOLIC CHURCH .
MARRIED WOMEN'S DISPOSITION OF PROPERTY. [ 12 or 1885. ]
the late Very Reverend Don Luigi AMBROSI as such procurator Reverend
or in any other person or persons as procurator or agent or as be vested , in
trustee or trustees for the said Sacred Congregation, and all tion.
the corpora
monies, securities for money, goods, chattels, and effects what
soever, the property of the saidSacred Congregation, or standing
in the name of the said Congregation or purporting so to be are
hereby transferred to and vested in the said corporation, but
subject as regards the said lands, buildings, messuages, and
tenements to the payment of the rents and the observance and
performance of all the covenants, conditions, and reservations
contained in the Crown leases or under leases or mortgages
under which the said lands, buildings, tenements are now or
may hereafter be respectively held.
3. Nothing herein contained shall affect or be deemed to Rights of the
affect the rights of Her Majesty the Queen , her heirs or successors, reserved .
or of any bodies politic or corporate, or other person or persons,
except such as are mentioned in this ordinance and those
claiming by , from , or under them .
No. 12 OF 1885.
An Ordinance entitled The Married Women's Disposi
tion of Property Ordinance, 1885.
[ 20th May, 1885. ]
* * > ** *
1. In this ordinance the word “ Land ” shall include land , Land.
messuages, and tenements, of any tenure situate within the
Colony , and any undivided share thereof.
The word " Estate ” shall include an estate in equity as well Estate.
as at law, and shall also include any interest, charge, lien, or
incumbrance in, upon , or affecting land either at law or in equity,
and also any interest, charge, lien or incunbrance in, upon,
or affecting money subject to be invested in the purchase of
land .
The expression “ money subject to be invested in the purchase Money
of land ” shall include money , whether raised or to be raised,'! subject
investedtoonbe
and whether the amount thereof be, or be not, ascertained , and the purchase
shall extend to stocks and funds and real and other securities of land .,
the produce of which is directed to be invested in the purchase
of land .
750 [ 12 of 1385. ] MARRIED WOMEN'S DISPOSITION OF PROPERTY.
Chief Justice , The expression “ the Chief Justice ” shall mean the Chief
Judge, Land Justice of the Supreme Court, and the expressions “ the Land
>
Officer and Land Office " shall mean the Land Office and Land
Officer of this Colony.
A married
woman with 2. A married woman may by deed dispose of any land and
husband's money subject to be invested in the purchase of land, and also
andcurrencia
by deed dispose of, disclaim, release, surrender, or extinguish any estate
acknow.
ledged may
which she alone, or she and her husband in her right, may have
in any land or in any such money, and also release orextinguish
dispose of
lands, any power which may be vested in , or limited , or reserved to
(3c.4 4 Will. her in regard to any land, or any such money , or in regard to
77, 78.] any estate in any land, or in any such money, as fully and
effectually as she could do if she were a feme sole, but no such
disposition, disclaimer, release, surrender or extinguishment
shall be valid and effectual unless the husband concur in the
deed by which the same is effected, nor unless the deed be
acknowledged by her as hereinafter directed.
Provided that the powers of disposition given to a married
woman by this ordinance shall not interfere with any power
which , independently of this ordinance, may be vested in , or
limited , or reserved to her, so as to prevent her from exercising
such power in any case, except so far as by any disposition made
by her under this ordinance she may be prevented from so
doing in consequence of such power having been suspended or
extinguished by such disposition.
Deed by mar- 3. Every deed to be executed by a married woman for any
ried woman to
be acknow
ledged.
of the purposes of this ordinance shall upon her executing the
[ 1bid . .. 79.) same, or afterwards, be produced and acknowledged by her as
her act and deed before a commissioner to be appointed as
hereinafter provided.
Examination 4. The commissioner before he shall receive such acknow
of married
woman apart ledgment, shall examine the roman apart from her husband
[from
Ibid.husban
s. 80.]d, touching her knowledge of such deed, and shall ascertain
whether she freely and voluntarily consents to such deed, and ,
unless she does so, shall not permit her to acknowledge the
same, and in such case such deed shall , so far as relates to the
execution thereof by such married woman , be void .
Appointment
of commis.
5. The Chief Justice may, whenever it seems desirable to
sioners . hiin so to do, appoint one or more commissioners for taking
[ Ibid. secs. acknowledgments by married women of the deeds to be executed
81 , 83. ]
by them as aforesaid, and such commissioners shall be removable
by and at the pleasure of the Chief Justice. The Chief Justice
may also from timeto time as occasion may require appoint a
special commissioner to take the acknowledgment of any par
ticularmarried woman in England or in any other place out of
the Colony.
MARRIED WOMEN'S DISPOSITION OF PROPERTY. [ 12 of 1885. ] 757
6. When a married woman acknowledges any such deed , the Person taking
commissioner taking such acknowledgment shall sign a memo- ment to sign
randum to be endorsed on , or written at the foot, or in the memorandum
margin of such deed , which memorandum , shall be to the follow- [ Ibid. 5.84. ]
ing effect, viz. :
“ This deed marked (here and some letter or other mark for
the purpose of identification ) was this day produced
before ine and acknowledged by therein
named to be her act and deed, previous to which
acknowledgment the said was examined
by me separately and apart from her husband touching
her knowledge of the contents of the said deed and
her consent thereto and declared the same to be freely
and voluntarily executed by her,"
and the same commissioner shall also sign a certificate of the
taking of such acknowledgment which may be to the following
effect, viz. :
“ These are to certify that on the day of
in the year 18 >
before me
the undersigned, A.B. a commissioner appointed for
the Colony of Hongkong, for taking the acknowledg
ments of deeds by married women pursuant to the
Married Women's Disposition of Property Ordinance ,
1885 , appeared personally
the wife of and produced a certain
indenture marked (here add the mark ) bearing date
the day of 18 and >
made-between ( insert the names of the parties ) and
acknowledged the same to be her act and deed, and I
do hereby certify that the said
was at the time of her acknowledging the said deed of
apparent full age and competent understanding, and
that she was examined by me apart from her husband,
touching her knowledge of the contents of the said
deed , and that she freely and voluntarily consented to
the same.")
7. Every such certificate, within 3 months of its being signed Certiticate
with affidavit
shall be lodged with the Land Officer, who shall examine the to be lodged
certificate and see that it is in due form, is duly signed by the inLand
Office .
commissioner and if the requisites in this ordinance in that [ 1bid. 8. 85. ]
respect have been complied with, shall cause the same to be
filed as record in the Land Office.
8. When the certificate is so filed, the deed so acknowledged Deed to take
so far as regards the disposition , disclaimer, release, surrender, timeof ack
nowledig
or extinguishment thereby made, shall take effect from the time ment.
of its being acknowledged, and the filing of the certificate shall [ Ibit. s. 86.]
have relation to such acknowledgment.
758 12 OF 1885. ] MARRIED WOMEN'S DISPOSITION OF PROPERTY.
15 OF 1885. WILD BIRDS PRESERVATION .
( 'opy of
certificate
9. The Land Officer shall, at any time deliver a copy , signed
evidence . by him , of any such certificate to any person applying for such
( Ibid .8. 88.] copy, and every such copy shall be received as evidence of the
acknowledgment of the deed to which such certificate refers.
Husband's
concurrence
10. If a husband is , in consequence of unsound mind, or
when dispen from any other cause, incapable of executing a deed, or if his
sed with .
[ Ibid . s. 11. )
residence is not known, or he is in prison, or is living apart
from his wife, either by mutual consent, or by sentence of
divorce, or from any other cause whatsoever, the Chief Justice,
may by an order to be made in a summary way upon the
application of the wife, and upon such evidence as to him shall
seem meet, dispense with the concurrence of the husband in any
case in which his concurrence is required by this ordinance, or
otherwise, and all acts and deeds to be done, executed , or made
by the wife in pursuance of such order, in regard to any land
or in regard to money, subject to be invested in the purchase
of land shall be as good and valid as they would have been if
the husband had concurred, but without prejudice to the rights
of the husband as then existing independently of this ordinance.
No. 15 OF 1885.
An Ordinance entitled The Preservation of Wild Birds
and Game Ordinance ,
[ 13th June, 1885. ]
AS it is expedient to make provision for the pre
WHsertEation of wildbirdsandgame:
*
Interpreta- 2. In this ordinance the words “ wild bird ” shall include
tion.
every description of wild bird ; and the word " game” shall
include every description of deer, hare, rabbit, pheasant, par
tridge, grouse, heath or moor game, black game, bustard, wood
cock, snipe, quail, landrail, wild -duck, and widgeon .
Penalty for 3. No person shall kill , wound , take, or attempt to kill ,
killing or
wounding, wound, or take any wild bird , or game, or use any gun , net, or
&c., birds,
without a
other instrument whatever for such purpose, without having
licence; and previously obtained a licence from the Governor in Council as
offering for hereinafter provided .
sale pheasant
or partridge And no person shall, from the month of April to the month
& September. of September both inclusive, offer for sale in this Colony any
pheasant or partridge.
WILD BIRDS PRESERVATION . [ 15 OF 1885 . 759
PRISON , Î18 OF 1885. )
Any person coinmitting an offence against this section shall
be liable, on summary conviction before a Magistrate, for a first
offence to a penalty not exceeding ten dollars, and for any
subsequent offence to a penalty not exceeding twenty -five
dollars with or without imprisonment with hard labour not
exceeding 1 month .
4. Where any person is found offending against this ordi- Penalty for
nance, it shall be lawful for any person to require the person so refusing
give nameto
offending to give his name, surname and place of abode; and and address.
in case the person offending, after being so required, refuses to
give his real name and place of abode, he shall be liable on
summary conviction thereof before a Magistrate to a penalty
not exceeding twenty -five dollars , in addition to any punish
ment which may be inflicted under section 3 .
5. The Governor in Council may, from time to time, at dis- Governor
cretion grant to any person, for such considerations and upon may grant
such conditions and for such periods not exceeding ten years licence to
at any one time and in such form as may, from time to time, take game,
be determined by the Governor in Council, permission to shoot &c.
and take game or wild birds or any particular descriptions of revoke such
game or wild birds within any particular districts or localities licence .
in this Colony.
If at any time any person to whom such permission has been
granted is, in the opinion of the Governor in Council, guilty of
any breach of any condition on which the same was granted ,
the Governor in Council may, by order, revoke the same.
No. 18 OF 1885.
An Ordinance entitled The Prison Ordinance, 1885. [ See Amend .
ment Ordi
nance No.13
[ 16th November, 1885. ] of 1889. ]
*
1. The Governor may from time to time make, and when Governor
made alteror revoke, orders for any of the following purposes, malers in
viz.: certain
matters,
( a . ) To set apart any available sites and buildings for the
purpose of a prison .
( 1. ) To discontinue the use of any prison and appropriate
the site and building's thereof to any other lawful
purpose .
( c.) To remove prisoners from one prison to another.
760 [ 18 OF 1885. ] PRISON .
( d .) To appoint fit persons to be respectively superintend
ents of prisons, chaplains and surgeons , and such
subordinate officers for the service of prisons as the
Governor may think necessary , and to remove such
persons from their offices, and to regulate the sala
ries to be paid to such persons.
Victoria Gaol 2. The site and buildings and prison known as Victoria Gaol
deemed a
prison . at the time of the coming into operation of this ordinance shall
be deemed to be a prison duly set apart under section 1 of this
ordinance.
Present 3. The Superintendent and officers of Victoria Gaol at the
officers toapbe time of the commencement of this ordinanceshall be deemedto
pointed under be duly appointed under section 1 of this ordinance . But such
nance . officers shall hold their offices by the same tenure, and upon
like terms and conditions, as if this ordinance had not passed.
Superintend- 4. Prisoners shall be under the control of superintendents of
ents.
prisons assisted by the prison officers appointed thereto under
the provisions of this ordinance.
Custody of 5. A prisoner shall be deemed to be in legal custody when
prisoners.
ever he is being taken to or from or whenever he is confined in
any prison in which he may be lawfully confined, or whenever
he is working outside or is otherwise beyond the walls of any
such prison in the custody or under the control of a prison
officer belonging to such prison, and any constable or other
officer acting under the order of any Judge or Justice of the
Peace, or officer having power to commit a prisoner to prison,
may convey a prisoner to or from any prison to or from which
he may be legally committed or removed .
Separation of 6. The requisitions of this ordinance with respect to the
prisoners.
separation of prisoners are as follows:
( 1. ) In every prison separate cells shall as far as possible
be provided equal in number to the average of the
greatest number of prisoners who have been
confined in such prison at any time during each of
the preceding five years.
(2. ) In every prison punishment cells shall be provided or
appropriated for the confinement of prisoners for
prison offences.
( 3. ) In a prison containing female prisoners as well as
males , the women shall be imprisoned in separate
buildings or separate parts of the same buildings,
in such manner as to prevent theirseeing, convers
ing, or holding any intercourse with themen.
(4.) In a prison where debtors are confined, means shall
be provided for separating them altogether from the
criminal prisoners.
PRISOX. [ 18 of 1885. ] 761
(5.) In a prison where criminal prisoners are confined,
such prisoners shall, as far as possible, be prevented
from holding any communication with each other,
either by every prisoner being kept in a separate
cell by day and by night, except when he is at
chapel or taking exercise, or by every prisoner being
contined by night to his cell, and being subjected
to such superintendence during the day as will,
consistently with the provisions of this ordinance,
proverit his communicating with any other prisoner.
( 6 ) In a prison where prisoners under the age of 16 years
are contined, they shall be kept separate from pri
soners of or above that age.
7. No cell shall be used for the separate confinement of a Cells to be
prisoner unless it has been approved in writing by the Governor approved by .
for the purpose, and the Governor shall not give his approval
in respect of any cell unless he is satisfied that it is of such a
size, and is lighted, warmed , ventilated, and fitted up in such a
manner as may be requisite for health , and furnished with the
means of enabling the prisoner to communicate at any time
with an officer of the prison ; but a distinction may be made in
respect of the use of cells for the separate confinement of
prisoners during long and short periods of imprisonment, and
in respectof the useof cells in which the prisoner is intended
to be employed during the whole day, or for a long or short
part thereof; and the Governor's approval inay be varied
accordingly, so as to express the period of imprisonment for
which each cell may be considered fit, and the number of hours
in the day during which the prisoners may be employed
theroin .
No punishment cell shall be used unless it has beenapproved
in writing by the Governor, and the Governor shall not give
his approval in respect of any such cell unless he is satisfied
that it is furnished with the means of enabling the prisoner to
communicate at any time with an officer of the prison, and that
it can be used as a punishment cell without detriment to the
prisoner's health, and the time for wbich it may be so used
shall be stated in the approval.
Every approved cell shall be distinguished by a number or
mark placed in a conspicuous position , and shall be referred to by
its number or mark in the Governor's approval , and the number
or mark of any approved cell shall not be changed without the
Governor's approval.
Any approval given by the Governor in respect of a cell inay
be withdrawn on such alteration taking place in such cell as to
762 [ 18 of 1885. ] PRISON .
render the approval, in his opinion, inapplicable thereto, and
upon an approval in respect of a cell being withdrawn, that
cell shall cease to be an approved cell for the purposes of this
ordinance.
Hard labour, 8. Hard labour for the purposes of sentences of imprisonment
[* 1887.
of See No.10
) with hard labour or penal servitude * shall be of two classes,
consisting, Ist, of work at the tread wheel, shot drill , crank ,
capstan, stone-breaking , or such other like description of hard
bodily labour as may be appointed by the Governor, which
work is hereinafter referred to as hard labour of the first class ;
2ndly, of such other description of bodily labour as may be
appointed by the Governor, which work is hereinafter referred
to as hard labour of the second class ; and in every prison where
prisoners sentenced to hard labour or penal servitude are
confined, adequate means shall be provided for enforcing hard
labour in accordance with the regulations of this ordinance; but
prisoners may be employed in hard labour of the second class
outside the walls of the prison under the control of a prison
officer belonging to such prison, and employment in the necessary
services of the prison may, in the case of a limited number of
prisoners, to be selected by the Superintendent as a reward for
industry and good behaviour, be deemed to be hard labour of
the second class.
Misdemean . 9. In every prison, prisoners convicted of misdemeanor, and
ants of the
1st and 2nd not sentenced to hard labour, shall be divided into at least two
divisions.
divisions, one of wbich shall be called the first division ; and
whenever any person convicted of misdemeanor is sentenced to
imprisonment without bard labour, the Court or Judge before
whom such person has been tried may order, if such Court or
Judge thinks fit, that such person shall be treated as a mis
demeanant of the first division, and a misdemeanant of the first
division shall not be deemed to be a criminal prisoner within
the meaning of this ordinance. Every person imprisoned under
any rule, order, or attachment for contempt of Court shall be
treated as a misdemeanant of the first division .
Aiding in 10. Every person who aids any prisoner in escaping or
escape.
attempting to escape from any prison, or who, with intent to
facilitate the escape of any prisoner, conveys or causes to be
onveyed into any prison any mask , dress, or other disguise, or
any letter, or any other article or thing, shall be guilty of
felony, and on conviction be sentenced to imprisonment with
hard labour for a term not exceeding two years.
Introduction 11. Every person who, contrary to the regulations of the
of
Articles into prisons, brings or attempts by any means whatever to introduce
prison. into any prison any spirituous or fermented liquor or tobacco or
PRISON . 763
[ 18 OF 1885. ]
opium, and every officer of a prison who suffers any spirituous
or fermented liquor or tobacco or opium to be sold or used
therein, contrary to the prison regulations, on conviction shall
be sentenced to imprisonment for a term not exceeding six
months, or to a penalty not exceeding twenty pounds, or both
in the discretion of the Court, and every officer of a prison
convicted under this section shall, in addition to any other
punishment, forfeit his office and all arrears of salary due to
him .
12. Every person who, contrary to the regulations of a Conveying
documents or
prison , conveys or attempts to convey any letter or other docu- articlesout of
ment, or any article whatever not allowed by such regulations a prison ..
into or out of any prison, shall on conviction incur a penalty
not exceeding ten pounds, and, if an officer of the prison, shall
forfeit his office and all arrears of salary due to him , but this
section shall not apply in cases where the offender is liable to a
more severe punisbinent under any other provision of this
ordinance.
13. The Superintendent shall cause to be affixed in a cons- Superintend
picuous place outside the prison a notice in English and in pareminitions for
Chinese setting forth the penalties that will be incurred by breaches ofed
the 3 prec
persons committing any oflence in contravention of the three ing sections.
preceding sections.
14. It shall be the duty of the Coroner to hold an inquest Inquest
held on a
to be
on the body of every prisoner who may die within a prison, death in pri
and in no case shall' any officer of the prison, or any prisoner personsCertain
Son .
dis
confined in the prison , or any person engaged in any sort of qualitied from
serving as a
trade or dealing with the prison, be a juror on such inquest. juror at such
inquests.
15. If any suit or action is prosecuted against any person Protection of
for any thing done in pursuance of this ordinance, such person persons
mainit acts
may plead that the same was done by authority of this ordi- done under ordi
nance; and if a verdict passes for the defendant, or the plaintiff hance .
becomes ponsuited , or discontinues his action after issue joined,
or if, upon demurrer or otherwise, judgment be given against
the plaintiff, the defendant shall recover costs as between
solicitor and client and have the like remedy for the same as
any defendant has by law in other cases ; and though a verdict
be given for the plaintiff in any such action, such plaintiff shall
not have costs against the defendant, unless the Judge before
whom the trial takes place certifies his approbation of the action
and the verdict obtained thereupon.
16. Offences under this ordinance , with the exception of Offences
felonies, and of offences for the mode of trial of which express felonies to be
provision is made by this ordinance, shall be prosecuted sum- prosecuted
summarily
marily before a Police Magistrate . before a
Vagistrate.
76-4 [ 15 Or 1885. ] P’RISON .
Governor in
Council
17. The Governor in Executive Council shall, as soon as
Comeilmay possible afterthe commencement of thisordinance, make rules
make rules
[ See No. 13 for the regulation and government of prisons, and for the duties
of 1889. ]
and conduct of the officers and other persons employed in
prisons, and of the Visiting Justices, and for the classification,
diet, clothing, maintenance, employment, discipline, instruction,
and correction of prisoners, and for all other matters relating
to prisons, and may from time to time repeal, alter, or add to
such rules, provided that such rules shall not be inconsistent
with anything contained in this ordinance . All such rules
shall be published in the Government Gazette, and shall from
the date of such publication be binding on all persons in the
same manner as if they had been contained in this ordinance.
But every such rule or repeal or alteration of a rule may be
disallowed by Her Majesty, and shall thereupon cease to have
effect from the date of the publication of such disallowance in
the Government Gazette. Until rules sball bave been made
under this section the regulations for the government of Vict
oria Gaol in force at the commencement of this ordinance shall
remain in force so far as they are not inconsistent with anything
contained in this ordinance .
Governor to 18. The Governor shall from time to time appoint, with
appoint Visit.
ing Justices. their consent, Justices of the Peace to be Visiting Justices for
periods to be specified in such appointments.
Visiting Justices shall, during the period for which they are
appointed, from time to time at frequent intervals visit all
prisons, and hear any complaints which may be made to them
by the prisoners, and shall report on any abuses within the
prisons, or any repairs that may be required, and shall further
take cognisance of any matters of pressing necessity and within
the powers of their commission as Justices , and do such acts
and perform such duties in relation to prisons as they may be
required to do or perform by the Governor, but subject to the
regulations with respect to the duties of l'isiting Justices to be
made by the Governor in Executive Council under this ordi
nance .
Commence
ment of
20. This ordinance shall come into operation on a day to
ordinance, be proclaimed by the Governor.
[ In force from the 1st February, 1886, by proclamation of the
30th January, 1886.]
PRISON . [ 18 or 1885. ] 765
Rules and regulations under section 17 for the management of the Thononfiction
in the Gazete
repeals all rules
prison at Victoria, Hongkong, and for the guidance of its and regulations
hrrettore made
or continued
officers, of the 22nd day of October, 1891 . under " The Pris
on Ordinance ,
1885."
[ Gazette 31st October, 1891. ]
1. The officers of the prison shall be - One Superintendent, one Surgeon ,
and such Chaplains and such subordinate officers as the Governor may from
time to time appoint. The Superintendent shall reside in the prison.
2. The Superintendent may punish any subordinate oflicer for misconduct,
or negleet or breach of duty, by a fine not to exceed ten dollars, or by degra
dation to a lower rank and pay. He shall enter any such exercise of anthor
ity in his journal, and also in the officers' misconduct book, and report the
same without delay to the Governor. He may apply all fines to the general
good of the officers in such manner as may be approved by the Governor .
3. The Superintendent may uot grant more than one week's vacation or
sick leave without authority from the Governor.
4. The Superintendent shall frequently test the quality and quantity of
the rations supplied to the prisoners, and should the quality be found to be
bad or the quantity deficient, he shall note the same in his journal, call on
the contractor to make it good, and, if he consider it necessary , report the
same to the Governor.
5. The Superintendent shall from time to time visit the prisoners at their
meals, and shall enquire into any complaint that may be made to him regard
ing their food .
6. The Superintendent shall use his discretion in bringing to the notice of
the Governor the case of any child of tender years who may be sentenced to
imprisonment, and carry ont the Governor's instructions concerning such
child .
7. The Superintendent shall use his best en leavours to assist in the iden
tification of prisoners, and with that object shall furnish to the Police any
information in his power.
8. The Superintendent shall , when present, invariably accompany the
Visiting Justices in their visits of inspection to the prison, shall inform them
of any prisoner who wishes to see them , and shall otherwise assist them so
far as he is able. During the inspection of the prison either by Visiting
Justices, or by the Governor or any other officer of rank, the prisoners should
not be taken off their usual work or orilered to stand at attention . Every
facility , however, must be given to those who wish to communicate with the
officers inspecting, and the Superintendent shall see that due opportunities
are provided.
9. The Superintendent shall take care that the notice board required by
The Prison Ordinance, 1885 , section 13, to be placed in some conspicuous
place outside the prison, cautioning persons against bringing spirits, opium ,
tobacco, money , letters, or other prohibited articles into the prison , is duly
maintained .
766 [ 18 OF 1885. ] PRISON ,
10. The Superintendent shall, with the warden , enforce the highest pos
sible degree of cleanliness in every part of the prison, in the persons of the
prisoners, their clothes and bedding, and see that the bedding and clothing
are all in proper repair.
11. The Superintendent shall deliver daily to the Surgeon a list of pris
oners in solitary confinement, and of such as may have complained of sick
ness, sores, or any other ailment, without any exception, whether he thinks
such complaint gromdless or not ; also a list of prisoners who have recently
suffered, or are about to suffer, corporal punishment, or solitary confinement;
and shall call his attention to any case of insanity or apparent insanity occur
ring among the prisoners.
12. The Superintendent shall take every precaution to prevent fire , or the
escape of prisoners ; and shall cause all the wards, cells, bolts, bars, and locks
of the gaol to be thoroughly examined daily.
13. The Superintendent shall cause to be fully explained to every officer
his general duties, and especially those required of him in case of fire, or in
case of any attempt to escape made by either a single prisoner, or several in
concert.
14. The Superintendent shall take proper and discreet means to ascertain
that no visitors to prisoners bring into the prison anything not permitted by
the rules of the prison, or, in his opinion, objectionable. The Superintendent
shall on no account allow the employment of prisoners as servants by any
officer of the gaol.
15. The Superintendent or, in his absence, the warden may, on reasonable
grounds of suspicion, require that visitors to prisoners be searched in his
presence, except in the case of females, who shall be searched in a private
room by the matron . Should such visitors refuse to be searched, or to give
their names and addresses, he may refuse them admittance.
16. The Superintendent shall see that the proper number of prisoners
required by the Surveyor General for the Public Works are sent out at the
proper time, with a sufficient number of well-armed officers for their safe
custody, and he shall occasionally visit them while at work .
17. The Superintendent may permit any respectable person to view the
prison at reasonable hours, accompanied by an officer, who shall caution such
visitor agaiust conversing with any prisoner.
18. The Superintendent sball pay attention to the ventilation, drainage,
and sanitary condition of the prison, and take such measures as may be neces
sary for their being maintained in perfect order ; and with the Surgeon shall
frequently examine and see that the washing places, baths, and closets are
in efficient working order ; and it shall be the duty of every officer to report
at once any defect by which these arrangements do not effect their proper
object.
19. The Superintendent shall visit prisoners in solitary confinement,
occasionally visit the wards and cells at night, and keep a general supervision
over the mark system .
20. The Superintendent shall hear the reports every day, at such an hour
as is most convenient, and shall take care that every prisoner having aa com
plaint to make, or request to prefer to him , shall have ample facilities for
doing so ; and he shall redress any grievances, or take such steps as may
scem necessary, recording the same in the prisoners' interview book.
21. The Superintendent shall forward to the Governor without delay any
report or complaint which any officer of the prison may desire to make to
him , and shall on no account suppress it ; but he may offer any explanation
with it which may seem to him requisite.
PRISON , [ 18 of 1885. ] 767
22. The Superintendent shall enforce the observance of silence through
out the prison, and prevent all intercourse or communication between the
prisoners, so far as the formation and the conduct of the business of the prison
or the labour of the prisoners will permit, aud shall take care that all neces
sary and unavoidable intercourse or communication between prisoners be
conducted in such manner only as he shall from time to time direct.
23. The Superintendent shall take care that no prisoner is subjected to
any punishment which the Surgeon is not satisfied he is capable of under
going ; and shall see that the written recommendations of the Surgeon are
attended to as to the supply of any additional bedding or clothing, or altera
tion of diet for any prisoner, or with respect to any alteration of discipline or
treatment in the case of any prisoner whose mind or body appears to
require it .
24. The Superintendent shall cause an inventory to be kept of all
clothing, bedding, tools, furniture, & c ., under his charge, which shall be
verified half-yearly ; and he shall satisfy himself of the correctness of the
inventory, and shall countersign the same. All unserviceable and unrepair
able articles at such times shall be brought forward for inspection, that they
may be condemned and sold , or otherwise disposed of.
25. The Superintendent shall exercise his authority with firmuess, temper,
and humanity . His object should be not only to give full effect to the
sentence awarded to the prisoners, but also to induce iu them practical habits
of industry, regularity, and good conduct.
26. The Superintendent shall submit to the Governor, by the 1st of
February in each year, an annual report of the prison for the previous year,
referring to all subjects of interest connected with the prison.
27. The Superintendent shall enter in the Superintendent's order book
all permanent orders which he shall issue relating to the management and
discipline of the prison .
28. The Superintendent shall, a few days before the 18th of each month
or such other time as may be fixed for the opening of the Supreme Court
Sessions, on the occasion of prisoners who are committed for trial being
served with the usual informations, ask each man if he wishes to see his
Counsel or Solicitor or to call any witnesses for his defence ; and shall at
once iuform the Police authorities in order that such witnesses may be if
necessary summoned to appear at the Sessions. The Superintendent will
record this in his journal, stating the number of prisoners who have been
asked the question , and their replies to it .
29. The Superintendent shall be responsible for the due discharge of the
prisoners at the expiration of their sentences.
THE WARDEN .
30. The warden shall assist the Superintendent in his duties, acquaint
himself with the rules and regulations of the prison, and see that they are
strictly carried out both by the subordinate officers and prisoners.
31. The warden shall reside in the prison , or at a place appointed by the
Governor, and shall not absent himself from his quarters for a night without
the permission of the Superintendent. He shall take charge of the prison
during the temporary absence of the Superintendent and shall not leave it
during such absence ; nor during the presence of the Superintendent without
his permission.
768 ( 18 OF 1885. ] PRISON .
32. A deputy warden shall be appointed by the Superintendent to act
during the absence of the warden, such deputy to have all the powers,
authorities, and responsibilities of the warden, who shall, before leaving the
prison, personally give over charge to the deputy, with all necessary in
structions.
33. The warden shall take care that every prisoner on admission is put
into a reception cell and strictly searched, and that all knives, weapons,
instruments, money, opium , tobacco, or anything forbidden by the rules or in
the opinion of the Superintendent objectionable, or anything likely to facili
tate escape, be taken from such prisoner. As far as practicable no such
search shall take place in the presence of any other prisoner,.
34. On the admission of each prisoner, it shall be the duty of the warden
or clerk to record in the prison register or nominal record of prisoners, the
name, age, height, weight, features, particular marks and general appearance
of such prisoner, with anything else worthy of notice.
35. The warden shall take care that all articles taken from prisoners,
with their clothes and other effects, and all such things as may from time to
time be sent in on the prisoner's account shall be entered in the prisoners'
property book, with the date of their receipt and restoration ; and that all
such property shall be kept in a suitable place to be provided for the pur
pose, and shall be restored to the prisoner on his discharge; except such
clothes as it may be considered necessary to destroy , or such money or pro
perty as the Governor may think fit to confiscate, or to allow the prisoner to
have to assist him in his defence on his trial.
36. On being brought into the prison , prisoners shall be carefully searched ,
and all money , valuables, & c. found in their possession will be at once entered
in the “ Property Book .'
37. The head turnkey on duty shall, before prisoners are told off to cells,
&c., check the “ Property Book " and inform the prisoner of the description
of property recorded . All money and valuables shall then be handed over
to the warden to be locked up. The head turnkey shall initial the “ Property
Book " as to the correctness of the entries, & c.
38. The warden shall attend every corporal punishment inflicted within
the prison, and enter in the Occurrence Book the day and hour of the infliction
of the punishment, with the number of strokes, and the direction of the
Surgeon thereon.
39. The warden shall in no case inflict any punishment without the orders
of the Superintendent, or in the case of corporal punishment, without a
certificate personally given in writing by the Surgeon, that the person to be
punished is in a fit state of bealth to receive the number of strokes awarded
to him without injury.
40. The warden shall take care that prisoners have an opportunity of
making complaints or requests to him , and he shall either take steps to
redress any grievance, or shall report the same to the Superintendent.
41. The warden shall take care that any prisoner who wishes to see the
Superintendent, or Visiting Justices shall have an opportunity of doing so.
42. The warden shall frequently visit the workshops, yarıls, and corridors,
and see that the prisoners are kept at their work . He shall also occasionally
visit the wards without previous notice during the night, to ascertain that
the officers on duty are on the alert. He shall diligently observe the
behaviour of all subordinate prison officers and see that they strictly adhere
to the rules, and shall report immediately to the Superintendent any neglect
or misconduct that may come to his knowlelge.
PRISOX . [ 18 of 1885. ] 769
43. The warden shall be responsible to the Superintendent that the details
of duties connected with order and discipline of the prison are carried out
with promptness and regularity, and in strict accordance with the regulations.
He shall also enforce the greatest economy.
44. The warden shall daily inspect every part of the prison, see that every
thing is clean and in good order, and that the means of security in the
different yards, & c. , are effective. Ile shall pay special attention to prisoners
in solitary confinement. He shall see tl.at no ladders, planks, ropes, chains,
or anything likely to facilitate escape are left exposed in the yards.
45. The warden shall superintend the parade of the working parties, and
shall be careful that they are despatched to their labour with regularity and
without loss of time. He will check their numbers on their departure from,
and on their return to the prison, and will see that the good conduct marks
earned by each prisoner have been communicated to him .
46. The warden shall superintend the issuing of the prisoners' meals ;
shall take care that their clothing is in proper repair, their hair kept in good
order, and their washing, shaving and bathing attended to .
47. The warden shall at once communicate to the Superintendent every
circumstance which may come to his knowledge likely to affect the security,
health, or discipline of the prisoners, efficiency of the subordinate officers, or
anything which may in any way require his attention.
48. The warden shall take care that every article of food supplied for the
use of the prisoners is sound and of good quality ; and that the scales,
weights, and measures in use in the prison for the issue and distribution of
provisions, stores, &c., are accurate and in proper order.
49. The warden shall keep such books and accounts as may be prescribed
by the Superintendent, and shall assist the Superintendent in keeping a
correct inventory of all clothing, bedding, furniture, tools, and cooking utensils
in the prison .
50. The warden shall cause the whole of the prisoners to be counted
twice daily, and satisfy himself that the number is correct.
51. On parading the officers both for day and night duty, the warılen shall
see that they are in all respects fit for, and properly acquainted with their
dnties . He shall also read to them any new orders from the Superintendent's
Order Book .
52. The warden shall endeavour to exercise a sound moral influence over
both the officers and prisoners placed under his supervision. He shall
restrain by his authority every tendency to oppression or undue harshness on
the part of the subordinate officers, and likewise every tendency to levity,
rudeness , and insubordination on the part of prisoners, and shall aim to raise
the minds of the officers to a sense of their responsibility.
53. The warden shall see that the keys are securely disposed of for the
night, under such regulations as may be established by the Superintendent.
He shall see that the rules relating to visits to prisoners are carried out in aa
proper manner .
54. The warden shall take care that no articles of clothing are issued
until they have been properly marked with the prison marks.
55. The warden shall make a weekly inspection of the officers' quarters,
and report the result.
THE HEAD TURNKEYS .
56. The head turnkeys shall have assigned to them the immediate charge
of such prisoners, and such parts of the prison as the Superintendent or the
770 [ 18 of 1885. ] PRISON .
warden may direct, and shall be responsible for the maintenance of proper
order and discipline among such prisoners, and such portions of the prison.
57. The head turnkeys shall perform such duties as may from time to
time be prescribed by the Superintendent for the purpose of preventing
communication between the prisoners, and enforcing diligence, cleanliness,
order, and conforunity to the rules of the prison. Each head turnkey shall in
turn take charge of the prisoners employed on public works, and shall take
particular care that the rules relating to the management of such prisoners
are carried out in their integrity.
53. Each head turnkey shall in turn perform duty at night, and shall take
charge of the prison under the Superintendent and warlen ; to whom he shall
report any event of importance which may happen during the night, and
shall see that the rules relating to the officers on night duty are strictly
enforced .
59. The lead turnkeys shall see that the officers leave for and return
from their meals punctually and shall report any breach of the rules in this
respect.
60. The herul turnkeys shall see that the prisoners are kept strictly to
their labour, and shall diligently observe the behaviour of all the subordinate
officers as well as of the prisoners, and see that all strictly adhere to the
rules; and shall report immediately to the warden any neglect or misconduct
that may come to their knowledge.
61. The head turnkeys shall especially attend to the carrying into effect
all orders as to punishments to be inflicted on prisoners, and shall see that
prisoners in solitary confinement are provided with necessaries.
62. The head turnkeys (a) shall frequently inspect every part of the
prison, and ascertain that all locks, bars, bolts, and other means of security
are in good order, and that the prisoners have not in their possession any
prohibited articles, for which purpose they may search the persons of the
prisoners frequently ; ( b) Shall occasionally inspect the turnkeys' quarters,
water closets, and all other places connected with the prison, and see that
they are kept in proper order ; (c) Shall see that the fire engine, fire pumps,
and extincteurs are in good workiug order, and that the fire buckets are at all
times kept filled with water ; ( d) Shall see that the water-pipes and cocks,
and those for the supply of gas are in working order, and that no leakage
exists .
63. Each head turnkey shall in turn superintend the unlocking and
assembling of the prisoners for their morniny meal, and the mustering,
searching, and locking up in the evening.
64. Each hcad turnkey shall in turn assist in giving over charge of the
prison to the officer in charge of the night duties, and for that purpose shall
accompany him round the prison at 6 P.M., and shall see that all the locks
are tried throughout the prison and that the keys are given over to him .
65. Each head turnkey shall in turn issue library books to the European
prisoners weekly ; taking care that the books are returned by the prisoners
in proper condition .
66. During the head turnkey's turn on Sunday duty he shall on no account
leave the prison from 2 P.M. on Saturday, until 6 A.J. on the Monday following,
unless permitted to leave for a short time by the warden, who shall during
such absence act for him ,
THE MATRON .
67. The matron shall reside in the place allotted for female prisoners,
and be under the orders of the Superintendent,
PRISON .
[ 18 OF 1885. ] 771
68. The matron shall carry out all the rules laid down for the direction of
the warden as to male prisoners, so far as such rules are applicable to female
prisoners.
69. The matron shall be present at the distribution of food to the prisoners ;
inspect that part of the prison allotted to females daily, see every prisoner at
least twice in each twenty - four hours, and shall at least once a week visit
tlie female ward without previous notice during the night.
70. The matron shall not be absent from the prison without the permission
of the Superintendent, and when she obtains leave shall enter it in her
journal.
71. The matron shall take care that no male officer or visitor enters the
part of the prison allotted to females, unless accompanied by herself, or some
other female officer.
72. The matron shall search female prisoners on admission, and so often
afterwards as she thinks necessary ; and shall see that they are bathed and
properly clothed in the prison dress.
73. In case of necessity and with the sanction of the Superintendent, the
matron may delegate her duties to the wife of an officer of the prison, or some
other married woman .
74. The matron shall keep in her possession the keys of the cells and
wards of the female prisoners, and the locks and keys of such cells and wards
shall be different from those of the cells and wards of the male prisoners.
75. The matron shall see that the wards, cells, and yards of the prison
allotted to females are kept scrupulously clean. She shall pay special
attention to female prisoners in solitary confinement.
THE PRISON OFFICERS .
76. All subordinate officers shall obey the commands of the Superintendent
in the performance of their duties.
77. Subordinate officers shall thoroughly acquaint themselves with the
rules and regulations of the prison so as to be conversant with every detail ;
they shall frequently examine the state of the cells, bedding, locks, bolts, &c.,
and shall seize all prohibited articles, and deliver them to the Superintendent
forth with .
78. No subordinate officer shall on any account enter a prisoners' cell at
night without being accompanied by another officer except in cases of
imperative necessity .
79. Subordinate officers (except those who are temporarily engaged, who
shall not have completed their probation, or who shall be dismissed for
misconduct) shall, on their services being dispensed with, be entitled to a
month's notice or a month's pay in lieu of notice. Subordinate officers whose
probation has not been completed or whose services are no longer required
shall be entitled to a week's notice or a week's pay in lieu of notice ; but if
they commit an offence meriting it they shall be liable to be discharged at
once. Officers who wish to resign their situation shall give a month's notice
or forfeit a month's pay.
80. No subordinate officer shall absent himself from the prison without
permission from the Superintendent, and when leaving the prison he shall
not carry his keys or book away with him .
81. Officers shall on no account leave their keys lying about ; but shall
on leaving their post deliver them to the officer appointed tɔ receive them.
772 [ 18 of 1885. ] PRISON .
82. All officers, without exception, shall treat the prisoners with kindness
and humanity, shall listen patiently to their complaints, shall inform the
warden when any prisoner desires to see him or the Superintendent, and
shall be firm in maintaining order and discipline, and enforcing an observance
of the rules of the prison .
83. Subordinate officers shall not sit down or lounge about during their
turn of duty ; but shall always be alert and watchful, keeping their faces
towards the prisoners under their charge.
84. Subordinate officers shall examine the prisoners' clothing, and see
that it is at all times in proper repair.
85. Subordinate officers are prohibited, on pain of dismissal, from borrow
ing money from any person connected with a contract for the supply of food
or other articles for the use of the prison.
86. No officer of the prison shall be a bailiff nor be concerned in any
trade or other occupation , but shall give his whole time and attention to the
service of the prison.
87. All such officers shall treat the Visiting Justices, Judges, Members
of the Council, and Magistrates with courtesy and respect.
88. Any subordinate officer desiring to appeal against any decision of the
Superintendent which affects him shall state bis complaint in writing, for the
consideration of the Governor.
89. All officers of the prison shall direct the attention of the Superintend
ent to any prisoner who may appear to bim not to be in health, although he
may not complain, or whose state of mind may appear to him deserving of
special notice and care, in order that the opinion and instructions of the
Surgeon may be taken on the case .
90. Any officer who shall be guilty of assaulting or otherwise molesting
any prisoner, cither within or without the prison premises, unless compelled
to do so in self -defence or for some other lawful purpose, shall be at once
suspended with a view to his dismissal, and even if compelled to strike in
self-defence, no unnecessary violence should be used .
91. No subordinate officer, on any pretence whatever, shall fail to make
an immediate report to the Superintendent, or other his superior officer, of
any misconduct or wilful disobedience of the prison regulations.
92. No subordinate officer shall unnecessarily converse with a prisoner,
nor allow any familiarity on the part of prisoners towards himself, or any
other officer of the prison ; nor shall he on any account speak of his duties,
or of any matters of discipline or prison arrangement, within hearing of the
prisoners.
93. No officer shall without the permission of the Superintendent, bring
in or carry out, or knowingly allow to be brought or carried out, to or for
any prisoner, any money, clothing, provisions, tobacco, letters, papers, or
other articles whatsoever ; or shall give, or cause to be given to any prisoner
such articles ; and any officer who infringes this rule shall be forth with
suspended from his office by the Superintendent, who shall report his case to
the Governor that the offender may be dealt with under sections 11 and 12
of The Prison Ordinance, 1885.
94. If they can be spared subordinate officers may be allowed leave on
Saturday afternoon after the prisoners are locked in their cells, and on Sunday,
Good Friday, Christmas Day, and Government Holidays, and at other times
when they can be spared .
PRISON . [ 18 OF 1885. ] 773
95. Any officer, on entering the prison service, may be employed in any
part of the Colony, wheresoever it may seem fit to the Governor to employ
him .
96. No subordinate officer shall punish a prisoner, except when ordered to
do so by the Superintendent.
97. Each subordinate officer will be taken on probation for the first three
months of his service ; his appointment will not be confirmed at the expira
tion of three months unless the officer has proved himself in all respects fitted
for the post .
98. No officer of the prison shall smoke or chew tobacco while on duty,
or take tobacco inside the inner gate of the prison .
99. Every subordinate officer of the prison who shall fail to exercise a
proper vigilance over the prisoners committed to his charge, or to perform
any duty enforced upon him by the regulations of the prison ,or shall wilfully
or carelessly disobey, neglect or evade, or permit to be disobeyed, neglected ,
or evaded, any rule, regulation, or order, lawfully made and provided in
respect of such prison, shall be liable to be dealt with by the Superintendent
under rule No. 2 .
100. The subordinate officers shall conduct themselves in an orderly and
respectable manner at all times when off duty .
101. When on duty subordinate officers shall appear neatly dressed in the
uniform of the prison . Uniforms will be supplied to them half-yearly , viz .,
two suits wbite summer clothing, with boots, helmet and puggarees in May ;
and one cloth suit, with boots and cap in November. They will be supplied
with an overcoat every fourth year.
102. Subordinate officers suspended from duty and afterwards restored to
ibeir situations shall not receive any pay for the timeduring which they shall
have been suspended , except by special order of the Governor.
103. All subordinate officers, on being relieved from any particular duty,
or transferred to another part of the prison, shall point out to their successors
all matters of special importance connected with their duties, and explain any
directions of the Superintendent, or other superior officer, affecting any
particular prisoner.
104. Any subordinate officer disabled from the regular performance of his
duties by illness shall report the same to the Colonial Surgeon, who will, if
necessary, oriler his removal to the Government Civil Hospital; and during
the time he is there he shall conform to the rules of that establishment, and
pay such charges as may be claimed for his maintenance and treatment.
105. No officer shall directly or indirectly have any interest in any con
tract or supply connected with the prison nor shall he receive, under any
pretence whatever, any fee or gratuity from any person connected with such
contract or supply .
106. All officers of the prison shall be liable to dismissal for improper
conduct.
107. Officers confined to hospital or otherwise incapacitated from duty
from venereal disease or other cause arising from their own indiscretion shall
forfeit half their pay during the period of their being so incapacitated .
SURGEON
108. The Surgeon shall have the medical charge of all the prisoners in the
prison, and of their treatment when sick . He shall also give medical advice
and assistance, including medicine, to the officers of the prison and their
families. He shall report from time to time, as may be directed , upon the
774 [ 18 OF 1885. ] PRISON .
sanitary condition of the prison, and health of the prisoners and the prison
officers, and in reference to any other point in connection with the maintenance
of health in the prison upon which he may be directed to report.
109. The Surgeon shall visit the prison hospital every morning ( and
oftener if necessary) and attend to both the complaining sick and those in the
hospital. He shall inspect the newly admitted prisoners and pass them for
hard labour or otherwise. He shall visit the punishment cells , and see the
prisoners confined therein , as also all prisoners before they are put on penal
diet .
110. The Surgeon shall attend without delay at the prison at any hour on
being summoned by the Superintendent, who shall be responsible for the
reasonableness of the summons.
111. The Surgeon shall enter in a journal to be kept in the prison
(a.) Any observations or suggestions he may deem it important to make
on the diet of prisoners not in hospital .
(b.) A short daily record of any sick prisoners under bis treatment,
whether they are in hospital or not; their names, the nature of
their complaints, and the treatment pursued .
(c.) His orders for such additional articles of food or clothing as he may
deem necessary for the health of any prisoner not in hospital, and
the medical reasons for such orders . Such orders shall be entered
in the Superintendent's daily return , and submitted to the Gov.
ernor .
112. The Surgeon shall visit prisoners in separate cells who have given
notice to the Superintendent that they are unwell and wish to see a doctor.
113. No medicine shall be administered to any prisoner without the Sur
geon's orders .
114. The Surgeon shall regulate the hours of exercise and of labour of
prisoners out of health.
115. The Surgeon shall examine every prisoner on whom corporal punish
ment is about to be inflicted , before it takes place, and give a certificate of
his fitness to receive it or not. He shall be in attendance when such punish
ment is inflicted. After such punishment, he shall daily attend to and examine
such prisoner, until his person is quite healed .
116. The Surgeon shall examine the food provided for the prisoners, and
inspect every prisoner weekly, and daily when epidemic disease exists in the
neighbourhood.
117, The Surgeon shall give written directions for separating prisoners
having infectious complaints, or suspected of having them ; and for cleansing,
disinfecting, or destroying any infected apparel or bedding.
118. The Surgeon shall report to the Superintendent the case of any
prisoner about to be discharged who may be suffering from acute or dangerous
disease ; in which case the prisoner shall not be discharged, uuless he demand
it .
119. The hospital warders shall be under the immediate orders of the
Surgeon, and shall be present at such times, and perform such duties as he
may require from them , consistently with their position in the prison.
120. The Superintendent shall place at the disposal of the Surgeon well
conducted prisoners, who can safely be entrusted with the duty of attending
upon the sick , not exceeding in mumber one to every ten patients.
PRISON . ( 18 OF 1885. ] 773
121. The Surgeon shall report to the Superintendent any irregùlarity in
the prison hospital which may come to his knowledge, or any difficulty or
obstruction which he may meet with in the performance of his duty.
122. The Surgeon shall examine all candidates for employment as subor
dinate officers or servants of the prison, and report whether they possess the
necessary qualifications as to health and strength .
123. The Surgeon shall take care that all medicines and stimulants are
properly locked up, and are not accessible to any prisoner ; and when there
is no paid dispenser, he shall issue day by day to the hospital warder all
medicines and stimulants to be administered in his absence.
124. The Surgeon's journal shall be laid before the Governor at least
once in each quarter of the year, and he shall report at the same time on the
condition of the prison and the health of the prisoners and officers recording
any want of cleanliness, proper drainage, warmth, ventilation, or any insuffi
ciency or bad quality of bedding, clothing, provisions or water.
125. The Surgeon shall deliver to the Colonial Secretary, as soon as
possible after the close of December in each year, a report in which shall be
detailed the number of sick among the prisoners during the year just closed,
the mortality, the sanitary condition of the prison , and what diseases have
been most prevalent therein . He shall point out any defects in the con
struction or management of the prison to which such sickness may be attri
buted, and also what precautions should be taken to prevent the same.
THE CHAPLAINS .
126. The Chaplains shall conduct Divine Service with the prisoners of
their respective religions at least once on Sundays, and perform such other
religious offices as they may think fit, and may visit each of such prisoners
in his or her cell as often as they may think fit at reasonable times. To sick,
dying, or condemned prisoners they shall have access at any time .
127. The same privileges shall be allowed to every recognised minister
in respect of the prisoners of his own religion .
128. The Chaplains shall inform the Superintendent whenever they may
observe the mind of any prisoner to be liable to be injuriously affected by
any punishment awarded .
129. No prisoner shall be obliged to attend any service to which he may
object on religious grounds, unless in the opinion of the Superintendent such
objection is frivolous and vexatious.
130. The Chaplains shall record their visits in the Visitor's Book , and
shall notify the times of the celebration of the Holy Communion . Prisoners
desiring to communicate must signify their wish to them before the time
appointed .
131. The Chaplains shall, in carrying out their duties, be careful not to
interfere with the established rules and regulations of the prison, or the
routine of discipline and labour.
132. The Chaplains shall confer with the Superintendent on all points
connected with their duty, and they shall co -operate with him , and with the
other officials of the prison, in promoting the good order of the establishment,
so far as concerns the duties of their office.
133. The Chaplains shall once a year present to the Governor a report
of such points connected with their department as they may think it desirable
to bring before him .
776 ( 18 of 1885. ] PRISON .
134. A Library shall be provided for the prisoners, consisting of such
books as may from time to time be approved by the Chaplains and sanctioned
by the Governor.
THE VISITING JUSTICES .
135. The Prison shall be open to all Justices of the Peace at all reason
able times.
136. Two Visiting Justices (one official and one non -official) shall, in
company if possible, visit the prison at least once a week , and on other days
when their presence may be required .
137. The Visiting Justices shall inspect the prison and prisoners, and
hear any complaints which may be made to them by the prisoners, and shall
report on any abuses within the prison, or any repairs which may be required ;
and shall enter in the Visiting Justices' Book any statement in respect
thereof with any suggestions or remarks which they may wish to bring to
the notice of the Governor as to the state and discipline of the prison. They
shall pay special attention to prisoners in hospital and solitary confinement.
138. If the Superintendent shall represent to them that he has, in case of
urgent necessity, put a prisoner in irons, or under mechanical restraint, and
that it is necessary that such prisoner should be kept in irons, or under
mechanical restraint for more than twenty -four hours, the Visiting Justices
may authorise such detention by order in writing, which shall specify the
cause thereof, and the time during which the prisoner is to be kept in irons,
or under mechanical restraint .
139. The Visiting Justices shall inspect the diet of the prisoners, and if
they shall find that the quality of any article does not fulfil the terms of the
contract they shall note the fact in their book .
140. The Visiting Justices shall also discharge such other duties as are
assigned to them in the special rules for special classes of prisoners, and in
the general rules.
SPECIAL RULES
for prisoners awaiting trial, those remanded from the Police Court,
and those committed for the first time in default of
finding security.
141. Prisoners mentioned under this heading shall be kept apart from
convicted prisoners and shall not be allowed to associate with them at any time.
142. Such prisoners shall not be required to take a bath on reception, if,
on the application of the prisoner, the Superintendent shall decide that it is
unnecessary, or the Surgeon shall state that it is for medical reasons unad
visable .
143. In order to prevent such prisoners from being contaminated by each
other, or endeavouring to defeat the ends of justice, they shall be kept
separate, so far as the prison accommodation will allow , and shall not be
permitted to communicate together.
144. The Visiting Justices or Superintendent, before granting any per
mission which by these rules they are authorised or required to grant, shall
satisfy themselves that it can be granted without interfering with the
security, good oriler, and government of the prison and prisoners therein ;
and if, after it has been granted , its continuance seems likely to cause any
such interference, or if the prisoner has abused such permission, or has been
guilty of any misconduct, the Visiting Justices shall have power to suspend
PRISOX , [ 18 of 1885. ] 777
or withdraw such permission, and in like circumstances the Superintendent
may withdraw or suspend the same when it bas been granted by himself, or
suspend it when it has been granted by the Visiting Justices if the case is
urgent, provided he report the case as soon as possible.
145. The Visiting Justiees or the Superintendent shall, on the application
of any such prisoner, if, having regard to his ordinary habits and condition of
life they think such special provision should be made in respect to him ,
permit any such prisoner
1. To occupy a suitable room or cell specially fitted for such prisoners,
and furnished with suitable bedding and other articles, in addition
to, or different from those furnished for ordinary cells .
2. To exercise separately, or with selected untried prisoners, if the
arrangements and the construction of the prison permit it.
3. To have, at his own cost, the use of private furniture and utensils
suitable to his ordinary habits, subject to the approval of the
Superintendent.
4. To be relieved from performing any menial unaccustomed work.
146. The Superintendent may modify the routine of the prison in regard
to any such prisoner, so far as to dispense with any practice which , in the
Superintendent's opinion, is clearly unnecessary in the case of that particular
prisoner.
147. Any such prisoner who prefers to provide his own food for any day
shall give notice thereof beforehand at tlie time required ; but the Super
intendent shall not permit any such prisoner to receive any prison allowance
of food for the day for which he procures or receives food at his own expense.
Such prisoners shall also be allowed to wear their own clothes if sufficient
and fit for use .
148. Such food shall be received only at hours to be fixed from time to
time, and shall be inspected by an officer of the prison and shall be subject to
such restrictions as may be necessary to prevent luxury or waste .
149. No such prisoner shall, during twenty -four hours, receive or purchase
more than one pint of malt liquor, or ciđer, or more than half a pint of wine
and such liquor, cider or wine shall be consumed on the day it is received .
150. No such prisoner shall be allowed to sell or transfer any article
whatsoever allowed to be introduced for his use to any other prisoner.
151. Such prisoner shall not be compelled either to have his hair cut, or,
if he usually grows bair on his face to shave, except on account of vermin or
dirt, or when the Surgeon deems it necessary on the ground of health and
cleanliness ; and the hair of such prisoner shall not be cut closer than may
be necessary for the purpose of health and cleanliness.
152. The beds of such prisoners shall be made, and the rooms and yards
in their occupation shall be swept and cleaned by themselves every morning
subject to rule 145. The furniture and utensils appropriated to their use
shall be kept clean and neatly arranged. They may be allowed the same
privileges as are by rule 177 accorded to first class misdemeanants. Any
sum earned by them will be paid to them on their discharge.
153. Every such prisoner shall be permitted to have supplied to him at
his own expense such books, newspapers, or other means of occupation , other
than those furnished by the prison, iti are not, in the opinion of the Super
intendent, of an objectionable kind ,
778 [ 18 of 1885. ] PRISON .
154. Every such prisoner shall subject to the orders of the Superintendent
be permitted to be visited by one person, or, if circumstances permit, by
two persons at the same time, for a quarter of an hour on any week day,
during such hours as may from time to time be appointed.
155. The Superintendent may in special cases permit the visit to be
prolonged, and allow more than two persons to visit the prisoner at one time.
156. Every such prisoner shall at his request be allowed to see his Counsel
or Solicitor, accompanied by a clerk or interpreter or the clerk to such Counsel
or Solicitor provided he produces authority from such Counsel or Solicitor
on any week day, at any reasonable hour, and, if required , in private ; but,
if necessary , in the view of an officer of the prison .
157. Any such prisoner who is in prison in default of bail shall be
permitted to see anyof his friends on any week day, at any reasonable hour,
for the bona fide purpose of providing bail.
158. Such prisoners may send and receive letters at all reasonable times,
and paper, with other writing materials, to such extent as may appear
reasonable to the Superintendent, shall be furnished to any such prisoner who
requires it for the purpose of communicating with his friends, or preparing
his defence. Any confidentialwritten communication, prepared as instructions
for Counsel or a Solicitor, may be delivered personally to him or his clerk
authorised as aforesaid without being previously examined by any officer of
the prison ; but all other written communications are to be considered as
letters, and are not to be sent out of the prison without being previously
inspected by the Superintendent.
159. No such prisoner shall be compelled to attend any religious service
other than his own ; but subject to these provisions he shall attend divine
service on Sundays and on other days when such service is performed, unless
prevented by illness, or excused by the Superintendent for any other reason .
160. Such prisoners shall also be subject to all general rules, except so
far as the same are inconsistent with the special rules relating to such prisoner,
SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.
161. No prisoner shall be classed as a first class misdemeanant except as
provided by statute, or by order of the Judge or Court before whom he is
tried .
162. Such prisoner shall not be placed in association, or at exercise, with
criminal prisoners.
163. Such prisoner shall not be required to take a bath on reception, if,
on the application of the prisoner, the Superintendent shall decide that it is
unnecesary, or if the Surgeon state that it is for medical reasons unadvisable.
164, Every such prisoner shall be searched only by an officer specially
appointed for the purpose.
165. Such prisoner shall be placed, as soon as possible after reception, in
a cell appropriated to prisoners of his class, unless there is reason to believe
that he is suffering from some infectious disease, in which case he shall be
detained in a reception - cell till he can be seen by the Surgeon.
166. Such prisoner shall at all times, except when at Chapel or exercise,
occupy the room or cell assigned to him .
167. The Visiting Justices or Superintendent, before granting any permis
sion which by the following rules they are authorised or required to grant,
shall satisfy themselves that it can be granted without interfering with the
security, good order, and government of the prison and prisoners therein ; and
PRISON , [ 18 of 1885. 779
if, after it has been granted , its continuance seems likely to cause any such
interference, or if the prisoner has abused such permission, or has been guilty
of any misconduct, the Visiting Justices shall have power to suspend or
withdraw such permission, and in the like circumstances the Superintendent
may withdraw or suspend the same when it has been granted by himself, or
suspend it when it has been granted by the Visiting Justices if the case is
urgent, provided he report the case as soon as possible.
163. The Visiting Justices or the Superintendent shall, on the application
of any such prisoner, if, having regard to his ordinary habits and condition of
life, they think such special provision should be made in respect to bim ,
permit any such prisoner
1. To occupy a suitable room or cell specially fitted for such prisoners,
and furnished with suitable bedding and other articles, in addition
to, or different from those furnished for ordinary cells .
2. To have, at his own cost, the use of private furniture and utensils
suitable to his ordinary habits, subject to the approval of the
Superintendent.
3. To have, on payment of a small sum , to be fixed by the Visiting
Justices, the assistance of some person to be appointed by the
Superintendent, to relieve him in the performance of any unaceus
tomed tasks or offices.
169. Such prisoner shall be permitted to supply his own food, on giving
due notice beforehand at the time required ; but the Superintendent shall not
permit such prisoner to receive any prison allowance of food on any day on
which he receives or procures food at his own expense .
170. Such food shall be received only at such hours as may be fixed from
time to time, and shall be inspected by an officer of the prison, and shall be
subject to such restrictions as may be necessary to įrevent luxury and
waste.
171. Any such prisoner shall not during twenty -four hours receive more
than one pint of malt liquor or cider, or if an adult half a pint of wine and
such liquor, cider or wine shall be consumed on the day it is recoived .
172. Such prisoner shall be permitted to wear his own clothing, provided
that it is sufficient and is fit for use .
173. No such prisoner shall be allowed to sell or transfer any article
whatsoever, allowed to be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled , either to have his hair cut, or,
if he usually grows hair on his face to shave, except on account of vermin or
dirt, or when the medical officer deems it necessary on the ground of health
and cleanliness, and the hair of such prisoner shall not be cut closer than may
be necessary for the purpose of health and cleanliness.
175. The beds of such prisoner shall be made, and the rooms and yards in
their occupation shall be swept and cleaned every morning. The furniture
and utensils appropriated to their use shall be kept clean and neatly arranged.
Should any such prisoner object to perform any of these duties, they may be
performed for him as provided in rule 168 ( 3.)
176. Such prisoner shall be permitted to have supplied to him at his own
expense such books, newspapers, or other means of occupation, other than
those furnished by the prison, as are not, in the opinion of the Superintendent,
of an objectionable kind.
780 [ 18 of 1885. ] PRISON .
177. Such prisoners may be permitted, if the accommodation of the prison
will allow , to work at their respective trades and professions, Prisoners
who find their own implements, and are not maintained at the expense of the
prison, shall be allowed to receive the whole of their earnings ; but the
earnings of such as are furnished with implements, or are maintained at the
prison expense, shall be subject to a deduction, to be determined by the
Visiting Justices, for the use of implements, and the cost of maintenance.
178. Such prisoners shall be permitted to see their friends for a quarter of
an hour on any week -day, during such hours as are appointed ; they may also
send and receive letters at all reasonable times, subject to rule 234.
179. The place in which such prisoners receive their visits shall not be
the same as that in which criminal prisoners receive their visits, if any other
suitable place can conveniently be provided.
180. No such prisoner shall be compelled to attend any religious service
other than his own ; but, subject to these provisions, he shall attend Divine
Service on Sundays, and on week -days when such service is performed ,
unless prevented by sickness, or excused by the Superintendent for any other
reason .
181. Such prisoners shall be subject to all general rules, except so far as
the same are inconsistent with the special rules relating to such prisoners.
182. Such prisoners shall be allowed to smoke under such regulations as
may be laid down by the Superintendent.
SPECIAL RULES FOR PRISONERS FOR DEBT.
183. Prisoners for debt shall not be required to take a bath on reception ,
if, on the application of the prisoner, the Superintendent shall decide that it
is unnecessary, or if the Surgeon shall state that it is for medical reasons
unadvisable.
184. Such prisoners shall at all times, except when at chapel or exercise,
occupy the cells or rooms assigned to them .
185. The Superintendent, before granting any permission which by the
following rules he is authorised or required to grant, shall satisfy himself
that it can be granted without interfering with the security, good order, and
government of the prison and prisoners therein ; and if, after it has been
granted, its continuance seems likely to cause any such interference, or if the
prisoner has abused such permission, or has been guilty of any misconduct,
he shall have power to suspend or withdraw such permission.
186. Such prisoners shall be permitted to supply their own food, on
giving due notice beforehand at the time required ; but the Superintendent
shall not permit such prisoners to receive any prison allowance of food on
any day for which they receive or procure food at their own expense.
187. Such food shall be received only at such hours as may be fixed from
time to time, and shall be inspected by an oflicer of the prison, and shall be
subject to such restrictions as may be necessary to prevent luxury or waste.
188. Any such prisoner shall not during twenty -four hours receive or
purchase more than one pint of malt liquor or cider, or if an adult half a pint
of wine, and such liquor, cider and wine shall be consumed on the day it is
received .
189. No such prisoner shall be allowed to sell or transfer any article
whatsoever, allowed to be introduced for his use, to any other prisoner.
PRISON . [ 18 OF 1885. ] 781
190. Such prisoner shall not be compelled, either to have his hair cut, or
if he usually grows hair on his face to shave, except on account of vermin
or dirt, or when the Medical Officer deems it necessary on the ground of
health and cleanliness, and the hair of such prisoner shall not be cut closer
than may be necessary for the purpose of health and cleanliness .
191. The beds of such prisoners shall be made, and the rooms and yards
in their occupation shall be swept and cleaned by them every morning. The
furniture and utensils appropriated to their use shall be kept clean and neatly
arranged by them .
192. Such prisoners may be pernnitteil to work and follow their respective
trades and professions, provided their employment does not interfere with
the regulations of the prisou, and they will be permitted to have the whole
of their earnings after deducting the cost of any implements which may be
supplied to them , and the cost of their maintenance, if they are maintained at
the expense of the prison .
193. No such prisoner shall be compelled to attend any religious service
other than his own; but, subject to these provisions, he shall attend Divine
Service on Sundays, and on week -days when such service is performed, unless
prevented by sickness, or excused by the Superintendent for any other
reason .
194. The place in which such prisoners receive visits shall not be the
same as that in which criminal prisoners receive visits, if any other suitable
place can be conveniently provided .
195. Such prisoners shall be permitted to exercise during such periods
of the day as the circumstances of the prison will allow , and during the same
periods they shall be permitted , if they prefer it, to associate together in an
orderly mamer .
196. Such prisoners shall be permitted to receive one visit, and also to
write and receive one letter in each week, subject to rule 234 ; but they may
communicate with and receive visits from their friends and legal advisers at
any reasonable hour of the day, for the purpose of arranging the payment of
their debts.
197. Such prisoners shall also be subject to all general rules, except so
far as the same are inconsistent with the special rules relating to prisoners for
debt.
198. Such prisoners shall be allowed to smoke under such regulations as
may be laid down by the Superintendent.
GENERAL RULES .
ADMISSION AND DISCHARGE.
199. No prisoner shall be admitted to the prison unless accompanied by a
warrant or order for his detention.
200. All prisoners shall be searched, registered , and medically examined
on admission.
201. Every prisoner shall take a bath, and be shaved on reception , unless
it shall be otherwise directed, in any particular case, by the Superintendent or
Surgeon.
202. If any prisoner is found to have any cutaneous disease, or to be
infected with vermin, means shall be taken effcctually to eradicate and destroy
the same.
782 [ 18 OF 1885. ] PRISON .
203. Every prisoner shall be weighed on reception, and subsequently at
such periods as the Superintendent and the Surgeon may appoint, and the
result shall be recorded in a book kept for the purpose .
204. Every prisoner may, if required for the purposes of justice, be
photographed on reception and subsequently.
205. Such of the clothing, linen , and other articles belonging to prisoners
as may be retained in the prison shall, if necessary , be washed, cleaned, or
disinfected, as soon as possible after they are received.
206. Such clothing shall be made into a bundle, carefully labelled with
the name of the owner, and placed in store ; any money or jewellery which
the prisoner may have in his possession shall also be taken from him and
placed in safety until his release from prison. A list of all his property is to
be entered in a book kept for that purpose, which shall be under the super
intendence of the warden .
207. As soon as possible after prisoners are admitted, the abstract of the
rules relating to the conduct and treatment of prisoners shall be read over to
them ; and such abstract shall also be read and explained weekly to the whole
of the prisoners.
208. Every prisoner shall have a number assigned to him , which shall be
prefixed to his name in every register ; such number shall also appear on the
breast of his coat, on his towel, chopstick bag if a Chinese, and cap or hat.
209. Prisoners whose discharge falls on Sunday shall be discharged on the
Saturday preceding.
210. All prisoners sentenced to imprisonment for one year or more with
hard labour, shall be secured by fetters of a pattern to be approved by the
Governor. The fetters shall weigh 3 lbs., and shall be secured to an iron
ring on each ankle, and the chain suspended by a book from the waist belt.
211. All such prisoners shall wear fetters notwithstanding their employ
ment on No. 1 hard labour, and on No. 2 hard labour ; and if any such pri
soners are ordered by the Surgeon to No. 3 industrial light labour they shall
not on that account have their fetters removed, unless specially recommended
by the Surgeon on medical grounds.
212. No such prisoners shall, except by order of the Surgeon be employed
on No. 3 industrial light labour unless their conduct has been gooil, and when
so employed their fetters may be removed if they interfere with their work .
213. All such prisoners shall be exempted from wearing fetters on the
ground of good character, but shall on misconducting themselves, and being
awarded prison punishment, again be placed in fetters and not released there
from until they have regained a good character.
214. A prisoner shall be considered of good character who has not for
three consecutive months been guilty of any prison offence for which he has
been punished.
215. Prisoners sentenced to less than one year's imprisonment with hard
labour shall wear an iron ring on one ankle without other fetters.
216. All prisoners convicted of returning from banishment shall wear
fetters during the whole period of their imprisonment.
CLEANLINESS .
217. The weekly shaving of the Chinese prisoners shall be done according
to such regulations as shall be established by the Superintendent from time
to time. The razors shall be always under the charge of the officer of the
ward or yard, and be shall take care they are withdrawn immediately the
PRISON . [ 18 of 1885. ] 783
prisoners have finished with them . Prisoners of very filthy habits are to be
brought to the notice of the Superintendent.
218. The queues of Chinese prisoners sentenced to imprisonment with
hard labour for upwards of 2 years may be cut off, and their hair kept cut
close until within six months of their release ; the queues may also be cut
off short -sentenced prisoners if the Surgeon should consider it necessary for
the purpose of health or cleanliness ; but such prisoner shall be allowed to
appeal to the Governor against it. No quene shall be cut under any cir
cumstances without the special permission of the Governor.
219. The hair of European prisoners shall be cut to such moderate length
as health or cleanliness may require.
220. Every prisoner shall wash his face and hands daily, and shall take
a bath once a week .
221. Prisoners shall keep their cells, utensils, clothing, and bedding clean
and neatly arranged ; and shall clean and sweep the yards, passages, and all
other parts of the prison as may be directed .
CLOTHING , BEDDING , FOOD .
222. The whole of the Chinese prisoners' clothing, and the under -clothing
of the European prisoners shall be changed weekly.
223. Every prisoner shall sleep in a cell by himself, if the accommodation
of the prison will permit it, or, under special circumstances, in a cell with
not fewer than two other prisoners.
224. The clothing of prisoners sentenced to imprisonment with hard
labour for 2 years may be given to their friends, with the exception of one
suit, which will be sold or otherwise disposed of by the Superintendent, in
order to recoup the Government for the expense of providing a suitable suit
of clothes for the prisoner on his discharge.
225. Such additional clothing and bedding may be issueil, during severe
weather, or in special cases, as the Surgeon may deem requisite.
226. A prisoner wlio has any complaint to make regarding the diet
furnished to him , or who wishes his diet to be weighed to ascertain whether
he is supplied with the anthorised quantity, shall make his complaint imme
diately his diet is handed to him , and it shall be examined or weighed in his
presence and in that of the officer deputed for that purpose ; but frequent and
groundless complaints will be treated as breaches of prison discipline and
punished accordingly.
227. On every Sunday and Saturday of each week in the first six months
of his imprisonment, each prisoner shall be fed on penal diet, viz ., for Europeans
bread and water, with half a pound of rice at mid - lay, anů for Asiatics rice
and water only. No prisoner when on penal diet shall be put to hard labour.
228. The best possible arrangement shall be made as to the food of Indian
prisoners, so that they may not be forced to choose between loss of food and
loss of caste .
229. European prisoners whose sentences do not exceed five days will be
put on penal diet, those with sentences of six to fourteen days will receive
two pints of gruel daily in addition.
230. ( 1.) Subject to the conditions of rule 277 reduced penal diet shall
be supplied to prisoners who have been previously sentenced to imprisonment
for a period of 3 months and upwards.
(2.) Until otherwise ordered , reduced penal diet shall be supplied to Asiatics
sentenced to 14 days and wder.
781 [ 18 OF 1885. ] PRISON .
231. Punishment diet shall be supplied to prisoners reported for breaches
of the prison regulations ( at the discretion of the Superintendent ), but no
prisoner shall be kept on punishment diet for more than 3 days at a time.
CLASSIFICATION .
232. Prisoners shall be classified for location, and the classes shall be
kept separate from each other so far as the accommodation of the gaol will
permit, as follows:
( 1. ) Males,
Hard labour prisoners : First conviction.
Ditto With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants .
On remand and waiting trial : First conviction.
:
On remand and waiting trial : With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days; First conviction .
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days: With two or more convictions,
Boys under sixteen years of age : First conviction .
Boys under sixteen years of age : With two or more convictions.
(2.) Females,
Hard labour prisoners : First conviction .
Ditto . With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerons characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
:
On remand and waiting trial: With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days : First conviction .
Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen days : With two or more convictions.
Girls under sixteen years of age : First conviction.
Girls under sixteen years of age : With two or more convictions.
All officers of the prison shall endeavour to carry out this rule, bearing
in mind that the object of classification is to prevent the contamination by
depraved prisoners of prisoners not so depraved and to attempt to ensure that
a prisoner shall go out of prison not worse than he came in .
VISITS AND COMMUNICATIONS TO PRISONERS, & c.
233. Convicted prisoners, with the exception of those heretofore mentioned,
after they have served the first three months, may write and receive one
letter every three months ; but the Superintendent may permit any prisoner
to write a special letter, or to see his friends, immediately after conviction, if
for the purpose of making arrangements respecting his property, or otherwise.
231. All letters to and from prisoners shall be read by the Superintendent,
and shall be forwarded or kept back according to the nature of their contents.
Events of importance to prisoners may be communicated to them at any
period by the Superintendent.
235. The privileges of writing and receiving letters may be postponed or
forfeited by misconduct, if so ordered by the Superintendent; but no such
oriler shall be made for a period longer than one month from the time of the
prisoner's last report.
PRISON . [ 18 or 1885. ] 785
236. Convicted prisoners, with the exception of those heretofore men
tioned , shall be allowed, after the first three months, to see their relations or
friends once in three months, unless such visits are prohibited by the Super
intendent for miscouduct ; but no prohibition shall be made for a period longer
than one month from the time of the prisoner's last report.
237. The days and hours for visits to the prisoners shall be fixed by the
Superintendent, and shall be publicly notified at the gates of the prisou.
238. If any prisoner is committed to prison in default of the payment of
ang sum which, in pursuance of any conviction or order, he is required to pay,
such prisoner shall be allowed to communicate by letter with and to see any
of his friends or his solicitor at any reasonable time, for the bona fide purpose
of providing for the payment which would procure his release from prison.
239. In case of very serious illness prisoners may see their relations, if
not objected to on medical grounds.
240. The visits of prisoners' friends shall in no case exceed fifteen minutes,
and shall always be made in the presence of an officer of the prison and shall
be recorded in a book to be kept for that purpose .
241. Officers of Police may visit prisoners for the purpose of identification,
on production of an order from the Police, or with magisterial authority.
242. Officers of the law , with competent warrants, or orders for serving
writs or other legal process on persons within the prison , shall be admitted
into the prison for that purpose.
243. All prisoners may petition the Governor onco shortly after con
viction if they wish, but not afterwards unless there are any special circum
stances which the Superintendent may consider should be brought to the
notice of the Governor, or unless such prisoner has been over one year in
gaol.
244. No visitor shall be admitted until he has given his name and address,
and stated his relationship to or connection with the prisoner he wishes to
see, if any ; and these particulars shall be duly recorded .
245. No visits shall be made on a Sunday except in cases of emergency .
246. Prisoners who have undergone 2 years imprisonment and are six
months clear of report may receive a visit every two months, and write and
receive one letter every two montlis.
247. The prisoners shall be locked in their cells, at the discretion of the
Superintendent , on Sundays and other days when they are doing no labour ;
care being taken that they bave at least one hour's exercise daily.
248. Prisoners sentenced to fourteen days and under shall be locked in
their cells during the whole of their sentence, with the exception of one
hour's daily exercise .
249. Prisoners detained as dangerous or suspicious characters with or
without previous convictions, who cannot find security, shall be locked in
their cells. And shall keep their cells and cell utensils perfectly clean at all
times, and shall have one hour's exercise daily.
250. Male and female prisoners shall always be so confined as to prevent
the former from seeing, conversing with, or holding any intercourse with the
latter.
251. A light shall be kept burning constantly throughout the night in
every ward or division of the prison in which prisoners shall be confined , but
such light shall not be placed within reach of the prisoners.
786 [ 18 OF 1885. ] PRISON ,
WOMEN .
252. No male subordinate officer shall enter the women's prison unless
ordered there specially by the Superintendent or warden, or summoned by
the matron for the purpose of quelling a disturbance, or of giving other
assistance.
253. So far as practicable, female prisoners shall be divided into classes,
and separated similarly to the male prisoners.
254. They shall keep their cells, yard, and wards perfectly clean at all
times.
255. Authorised interviews between female prisoners and their friends
must take place in the presence of the matron or other officer of the prison .
256. Female prisoners shali be employed at No. 2 lard labour with regard
to washing their own clothes, and at No. 3 industrial light labour.
257. The child of a female prisoner may be received into prison with its
mother, provided it is atthe breast; and any such child shall not be taken
from its mother until the Surgeon certifies that it is in a fit condition to be
removed .
258. Such child may be supplied with such diet and clothing as may be
necessary, at the public expense; but except under special circumstances, no
such child shall be kept in prison after it has arrived at the age of twelve
months.
PRISONERS UNDER SENTENCE OF DEATH .
259. In all cases when sentence of death has been passed on a prisoner,
the warden shall cause him to be thoroughly searched, and shall remove from
him any article which it is considered dangerous or inexpedient for bim to
retain in his possession .
260. Every prisoner sentenced to death shall be confined in some safe
place within the prison, apart from all other prisoners, and shall be placed
under the constant charge and observation of an officer of the prison, both
by day and night.
261. The cell or room in which a prisoner condemned to death is placed
shall be previously examined by the Superintendent, who is to satisfy him
self of its fitness and safety, and record the result of his examination in his
journal.
262. The prisoner may be visited by his relations, friends, and legal
advisers, at his own request ; no other person shall have access to him except
the officers of the prison, and, if required by him , a Minister of the religion
to which the prisoner belongs.
263. All executions shall take place within the prison at the time appointed
by the Governor. The Superintendent of the prison will be present and
superintend every execution .
264. If any person make it appear to a Justice of the Peace that he has
important business to transact with the prisoner, such Justice may grant
permission in writing to such person to have a conference with the prisoner.
265. During the preparation for an execution, and the time of execution,
no person shall enter the prison who is not legally entitled to do so, unless in
pursuance of an order in writing from the Superintendent. The officers
superintending the execution shall, if possible , be decently clothed in black,
PRISON OFFENCES AND PUNISHMENTS .
266. No prisoner shall be punished under the provisions of The Prison
Ordinance, 1885, until he has had an opportunity of hearing the charges and
evidence against him , and of making his defence,
PRISON , ( 18 OF 1885. ] 787
267. Prisoners shall obey the orilers of the Superintendent, warden , and
of the subordinate officers who shall be placed over them from time to time.
268. Prisoners are strictly forbidden to have in possession, or to attempt
to receive money, tobacco, opium , flint , steel , iron, implements, string, immoral
books, or any articles not allowed to them by the rules of the prison, or
permitted by the Superintendent, and they are not to conceal any articles of
food about their persons, or in any ward or cell.
269. No punishment or privation of any kind shall be awarded except by
the Superintendent, or by the Superintendent in conjunction with a Visiting
Justice subject nevertheless to rule 272.
270. The following acts are declared to be offences against prison
discipline :
1. Disobedience of the regulations of the prison by any prisoner.
2. Common assault by one prisoner on another .
3. Profane cursing and swearing, and obscene language by any prisoner.
4. Indecent behaviour by any prisoner.
5. Insulting or threatening language by any prisoner, to any officer or
prisoner.
6. Illeness or negligence at work by any convicted criminal prisoner.
7. Wilful mismanagement of work by any convicted criminal prisoner.
8. Disorderly conduct by any prisoner.
271. It shall be lawful for the Superintendent to examine any prisoner
touching such offences, and to punish them by ordering any offender to be
kept in a punishment- cell for not more than three days, on bread, or rice and
water, or he may deprive a prisoner of his pork for not more than four meals
at one time .
272. The Superintendent may deprive any prisoner of his evening meal
for persistent and aggravated idleness, or refusal to labour. In the unavoidable
absence of the Superintendent, the warden may in like cases deprive any
prisoner of half his evening meal .
273. The Superintendent may restrain in cross irons of ten lbs. weight,
or less , or in handcuffs, any disorderly or violent prisoner for not longer than
twenty - four hours at one time ; if a longer period than twenty -four hours is
required a written order must be obtained from one of the Visiting Justices
for the week , who shall at once attend and investigate the case . In case of
emergency however the Superintendent may on his own responsiblity impose
the restraints provided by this rule for such period as may seem necessary,
obtaining the presence of one of the Visiting Justices for the week as soon as
possible . The order of such Justice, made on investigation of the case, shall
indemnify the Superintendent.
274. If any male prisoner is guilty of any of the following offences,
viz . :
Mutiny or open incitement to mutiny in the prison, personal violence to
any officer of the prison, aggravated or repeated assault on a follow
prisoner, repetition of threatening language to any officer or prisoner,
and any act of insubordination requiring to be suppressed by
extraordinary means, the Superintendent shall have the power to
sentence the said prisoner to corporal punishment not to exceed
twelve strokes of the rattan .
It shall be the duty of the Superintendent to report at once to the Governor
every case of his exercising the power conferred on him by this section.
783 [ 18 OF 1885. ] PRISON ,
275. If any criminal prisoner is guilty of any offence, or of a breach of
the prison regulations or of discipline, for the due punishment of which the
Superintendent of the prison may deem the powers vested in him insufficient,
it shall be lawful for such Superintendent, in conjunction with a Visiting
Justice, after enquiry , to punish such prisoner by close or solitary confinement
on bread or rice and water, for a period not exceeding fourteen days, or, in
the case of a male prisoner guilty of any offence in the preceding rule men
tioned by personal correction not exceeding thirty -six strokes if an adult, nor
twelve if a juvenile.
276. No dietary punishment shall be inflicted on any prisoner, nor shall
he be placed in a punishment-cell, nor shall corporal punishment be inflicted
on him, unless the Surgeon shall certify that such prisoner is in a fit condi
tion of health to undergo such punishment.
277. The following offences committed by male prisoners will render
them liable to corporal punishment :
1st. Mutiny, or open incitement to mutiny in the prison ; personal vio
lence to any officer of the prison ; aggravated or repeated assault
on a fellow prisoner ; repetition of insulting, or threatening lan
guage to any officer or prisoner.
* 2nd . Wilfully and maliciously breaking the prison windows, or otherwise
destroying the prison property.
3rd . When under punishment, wilfully making a disturbance tending to
interrupt the order and discipline of the prison, and any other act
of gross misconduct, or insubordination, requiring to be suppressed
by extraordinary meaus.
278. Corporal punishment shall be inflicted on the breech , with a rattan
of a pattern to be approved by the Governor on the recommendation of the
Surgeon.
279. No prisoner who shall be sentenced to solitary confinement by any
Court shall be kept in such confinement more than seven days without an
interval of one day out.
EMPLOYMENT OF PRISONERS .
CLASSES OF LABOUR.
280. No. 1. - Hard Labour.
( 1.) Shot drill and stone carrying in alternate spells of half an hour each ,
weight of shot 24 lbs ., weight of stone 45 lbs.
(2.) Crank labour 12,500 revolutions daily, ( 12 lbs. test ).
(3. ) Treadwheel.
No. 2. - Hard Labour.
( 1.) Employment on public works outsiile the prison .
(2.) Crank labour 10,500 revolutions daily, ( 12 lbs. test ).
(3.) Combinations of shot drill and oakun picking iib.
(4.) Combinations of stone carrying and oakum picking { lb.
(5. ) Combinations of crank labour 6,000 revolutions ( 12 lbs. test ), and
oakum picking, 10 .
(6.) Washing clothes in the prison, making coir matting and heavy coir
mats ,
PRISON , [ 18 of 1885. ) 789
No. 3. — Industrial Light Labour,
( 1.) Ironing and manyling clothes .
(2.) Making frame, coir, and grass mats .
( 3.) Carpentry, coopering, tinsmith's work ; tailoring, cooking, cleaning,
printing, hospital attendance, & c.
( 1. ) Oakum picking ( 1 } lb.).
HARD LABOUR PRISONERS .
281. Prisoners sentenced to imprisonment with hard labour for upwards
of two years shall pass so much of the first six months of their imprisonment
as may be possible in separate confinement and the remainder of that term at
No. 1 Hard Labour ; after which they will be employed as provided for in
rule 283 .
282. Every male prisoner of sixteen years of age and upwards sentenced
to twelve months' hard labour and under, but more than fourteen days, shall
pass the first three months of his imprisonment at No. 1 Hard Labour, and
the remainder at No. 2 Hard Labour.
283. Every male prisoner of sixteen years of age and upwards sentenced
to hard labour for more than twelve months shall unless otherwise provided
for by these Regulations be kept at No. 1 Hard Labour for the first three
months of his sentence . At the expiration of that term he shall, if he has
conducted himself fairly well, be placed at No. 2 Hard Labour until he has
completed one half of his sentence when if his conduct has been good , he
shall be placed at No. 3 industrial Hard Labour.
284. Every male prisoner under the age of sixteen years sentenced to
hard labour shall be kept for the first three months of his sentence at No. 2
Hard Labour after which if his conduct bas been good he shall be placed at
No. 3 Industrial Light Labour .
285. All hard labour prisoners who shall be excused by the Surgeon will
be employed at either No. 2 Haru or No. 3 Industrial Light Labour as he
way direct.
286. European prisoners will not be employed at stone carrying, but will
perform the combination of shot drill and oakum picking instead .
287. If a male prisoner shall misconduct himself, the Superintendent may
either keep him at No. 1 Hard Labour for any extra term pot exceeding
three months at any one time, or he may send him back from the second class
or third class for the same term .
288. The hours of labour will not be less than six or more than ten daily,
exclusive of meals.
289. No work shall be done beyond what is necessary on Sunday, Good
Friday, Christmas Day, or Chinese New Year's day.
290. Jewish prisoners shall not be compelled to work on Saturdays if they
claim exemption, but shall be kept in separate confinement on that day and
Sunday. They may also keep such other festival days as may be from time
to time allowed by the Governor.
291. Indian prisoners are not to be put to any labour which may really
cause them loss of caste.
292. Criminal prisoners not sentenced to hard labour will be employed at
No. 3 Industrial Light Labour.
790 [ 18 OF 1885. ] PRISON.
293. As soon as the prison accommodation shall permit of it, prisoners
committed to prison for breaches of naval and military discipline shall be kept
separate from civil prisoners.
RULES FOR THE MANAGEMENT OF PRISONERS
ON PUBLIC WORKS .
PRISONERS.
294. Prisoners employed on public works shall be divided into gangs not
exceeding sixteen men , and each gaug shall be kuown by a number.
295. Each gang shall be under the charge of an assistant turnkey armed
with a short sword for his defence, who shall have the number of his gang
on a badge affixed to his left arm ; and the gangs shall be under the charge
of a head turnkey armed with sword and revolver, who shall be assisted by a
turnkey armed in the same manner .
296. The prisoners in such gangs shall work in coupling chains of about
twelve feet long, fastened by means of anklets and padlocks.
297. If the work is near the prison, the prisoners shall be marched in to
their mid -day meal at noon , but if at too great a distance from the prison the
meal shall be sent to them .
298. The gang prisoners will breakfast at about 6.20 A.M., and leave the
prison for their work at about 7 A.M., rest one hour for their mid -day meal
from 12 to 1 , and knock off work in the afternoon so as to reach the prison at
5 P.J., (nine hours daily, including marching in and out).
299. On Saturdays the gang prisoners will work until noon .
300. Their mid -day meal will consist of 1.) pint of rice congee thickened
with cheap meat.
301. Any prisoner with a longer sentence than eight years may be kept at
work within the prison until he has served one -third of such sentence .
302. In addition to the head turnkey in charge of gang prisoners, the
turnkey and the assistant turnkeys in direct charge of the gangs, three or four
Sikh guards shall be posted in convenient positions round the works, armod
with loaded rifles, to prevent escapes.
303. The head turnkey shall be continually on the alert during the day,
shall repeatedly visit the gangs in his charge, and ascertain that all is
correct or otherwise. He shall take discreet measures to prevent the escape
of prisoners, and to effect their recapture if they are successful in escaping.
He shall carefully observe the officers under his charge, and report weekly to
the Superintendent of the prison on their efficiency in the management of their
parties. He shall enter in a book to be kept for the purpose the number of
gangs, number of prisoners, and the names of the officers under his charge,
with the name of the district where the work is carried on and the description
thereof. He shall be responsible to the Surveyor General for all the tools
used by the prisoners. IIe shall on no account allow people to loiter near the
prisoners while at work , or to converse with the officers.
>
304. The turnkey shall be under the command of the head turnkey, and
shall assist him in the performance of his duties. He shall move about con
tinually among the gangs, keeping a watchful eye on both officers and pris
oners . When needed he shall take charge of detached gangs, and shall at
such times use great discretion in the disposal of his officers so as to prevent
the escape of any prisoners, remembering that their safe custody should be
his first care .
PRISON . [ 18 OF 1885. ] 791
305. The assistant turnkeys in charge of gangs shall at all times see to
the safe custody of the prisoners and shall place themselves when on the
works so as at all times to command a good view of the prisoners ; shall
repeatedly count the prisoners during the day; and never turn their backs
towards them , and shall on no account use a spadle, pick, or any other tool,
so as to place themselves at a disadvantage with regard to the prisoners.
306. The assistant turnkeys shall be careful to ascertain that the anklets,
chains, and padlocks are in proper order, and shall minutely examine them
before leaving the prison, when knocking off work for the mid -day meal, and
before returning to the prison in the evening.
307. In the event of a prisoner's attempting to escape, the officer in charge
of the gang shall blow his whistle to attract the attention of the other officers,
and shall immediately fall-in the remaining prisoners of his gang and await
instructions from the head turnkey.
308. The bead turnkey, the turnkey, and the Sikh guards shall not fire
at an escaping prisoner unless bis escape cannot be prevented by any other
means ; and shall then only endeavour to disable him .
309. The assistant turnkeys shall keep a book in which they will enter
the numbers, names, and sentences of the prisoners of their respective gangs,
making special remarks as to the industry of each prisoner, and they shall be
responsible to the head turnkey for the tools used by their gangs.
REMISSION OF SENTENCES, AND REWARDS
UNDER TIIE MARK SYSTEM .
310. The time which every prisoner with a sentence or sentences of twelve
months and upwards must pass in prison will be represented by a certain
number of marks, which he must earn by actual labour performed before he
can gain any remission of his term of imprisonment.
311. No such remission will be granted for conduct alone except in accord
ance with rule 316 and only on condition of good conduct and strict obedience.
If the conduct of a prisoner be indifferent or bad, he will be liable to be fined
a certain number of marks, according to the nature and degree of the offence,
and will forfeit by misconduct the remission which he would otherwise have
earned by his industry.
312. The marks will be given according to the following scale :
(a .) 6 marks a day for zealous and steady baru labour.
(6.) 5 marks for a less degree of industry .
( c.) 4 marks for a moderate day's work .
313. The prisoner's marks will commence at the termination of the first
six months from the date of his sentence .
314. On the almission of a prisoner with a sentence or sentences of twelve
&
months and upwarıls, such part of such sentence or sentences as is in excess
of six months shall be reduced to days, which shall be multiplied by four,
giving the number of marks he must earn before his discharge ; thus, take
six months of the sentence, 182! days, multiplied by 4 will give 730,
( the number of marks he must carn before gaining any remission ).
315. If by his industry the prisoner gains six mörks a day, and does not
lose any for misconduct, he can carn the full remission of one-third of such
portion of his sentence as is in excess of six months.
792 PRISON .
[ 18 OF 1885. ]
316. On Sundays marks will be allowed for conduct alone. Except under
special circumstances where injury has accidentally resulted while on prison
work, a prisoner will get only five marks a day during the time he is in the
Prison Hospital. Prisoners on No. 3 Industrial Light Labour by order of
the Surgeon will not get more than five marks a day.
317. Prisoners who by their misconduct forfeit the whole of their remis
sion, willsentence
be liable to be kept in separate confinement during the last 6 months
of their .
318. The officers of the prison shall be supplied with books in which
they shall enter each evening the marks each prisoner has earned during
the day .
319. When a prisoner is sentenced to forfeit any marks which he has
gained , the sentence should state the exact number of marks he loses.
320. Extra marks may be given by the Governor, on the recommendation
of the Superintendent, for special services ; such as, -
(a.) Giving information of plots.
( 6.) Protecting prison officers or prisoners from attack , or protecting
them from imminent danger.
(c.) Preventing escapes, fires, or other dangers.
(d ) Preserving order in case of disturbance.
321. Marks shall be forfeited by prisoners for misconduct according to
the punishment inflicted , generally at the rate of -
8 Marks for one day solitary confinement on bread or rice and water,
>
6 for one day bread or rice and water,
6 for one day reduced penal diet,
6 for one meal stopped,
" for one pork ration stopped ,
4 for one meal bread or rice and water,
72 for a flogging
322. If a prisoner is reconvicted before the period during which he can
earn a remission he shall be allowed to earn only five marks a day instead of
six, and if he is reconvicted twice before the expiration of the period during
wbich be can earn a remission, he shall be allowed no remission.
323. All criminal prisoners with sentences of twelve months and upwaris,
who shall be employed at remunerative labour, may earn a small gratuity at
the rate of one cent for every six marks, but the whole gratuity for any one
prisoner shall not exceed $ 10. Such gratuity shall be paid at the time of
discharge. In forfeiting marks for misconduct the proportionate amount of
gratuity shall also be forfeited .
324. Prisoners will not be allowed to earn any gratuity until they have
served the first six months either in separate confinement or at No. 1 harul
labour.
* 325. The name of every prisoner under sentence for life who has served
fifteen years of his sentence, or having served ten years of his sentence has
attained or is believed in the absence of positive evidence to have attained the
age of sixty, shall be submitted for the consideration of the Governor in
Council. This rule shall be communicated to every such prisoner on entering
the prison, but each prisoner shall be made to distinctly understand that such
submission in no way implies that any remission of sentence will necessarily
be granted .
SEPARATE CONFINEMENT.
326. Where the prison accommodation permits all male prisoners sentence !
to imprisonment for upwards of two years shall pass the first six months of
their imprisonment in separate continement.
PRISON . [ 18 of 1885. ] 793
327. Prisoners in separate confinement shall be allowed one hour daily to
exercise in the open air under the supervision of an officer of the prison who
shall see that the prisoners do not converse together, either in going to the
yard , while at exercise, or in returning to their cells.
323. Such prisoners shall keep their cells and utensils perfectly clean at
all times, " nd shall be employed at crank labour, picking oakum , making or
mending clothes, shoe making or mending , &c.
329. Such prisoners shall on no account communicate or hold conversation
with any other prisoner, but shall at all times observe the strictest silence.
330. Such prisoners may write a letter on admission, if they wish to
inform their friends of their whereabouts ; but, with this exception they shall
not write or receive a letter, or receive a visit during the six months of their
separate confinement.
331. Prisoners, previously imprisoned for felony, when sentenced to im
prisonment with hard labour shall pass a certain time in separate confinement
from one to six months according to the number of their previous convictions,
and their conduct while in prison.
332. In these rules the words “ criminal prisoners ” shall include all pris
oners except first class misdemeanants, prisoners for debt, prisoners on
remanıl and persons imprisoned for default in finding security. The words
“ European prisoners ” shall include Americans and such persons as are mani
festly Europeans by extraction. “ Asiatic prisoners " shall include all prison
ers other than Europeans.
333.
SCALE OF DIET FOR PRISONERS.
DIETARY FOR/ EUROPEAN PRISONERS
FULL Diet .
| Bread , .... ..6 oz .
BREAK
Gruel, ............ 1 pints } Sunday, Saturday:, Thursday,,
FAST .
Bread, ... ..6 oz .
Cocoa ,... ..... pint Monday,Wednesday, and Friday.
Bread , .... 4 oz .
Potatoes , 10 oz .
Meat , 6 oz . Monday, Wednesday, and Friday .
Soup, 1 pint
Bread , ....... 4 oz .
DINNER . Soup, 1 pint Tuesday, Thursday, and Saturday.
Suet Pudding ,...... 1 lh .
Bread , ... 4 oz .
Rice, ( common ), 8 oz .
Fish , .... .12 oz . Sunday:
( Curry Stuff, 72drs.
| Bread ,.. 6 oz .
SUPPER. Gruel, 1 pint } Daily.
These measures are for uncooked provisions, except in the case of maile
up articles of diet ; and meat means boned meat.
79.4 [ 18 OF 1885. ] PRISON .
SOUP. - Each pint to contain 4 oz . meat without bone, 1 oz . onions, 1 oz .
barley, 4 oz . greens, yams, sweet potatoes or taro, with pepper
and salt.
GRUEL.- Each pint to contain 2 oz. oatmeal, 1 oz . molasses, and sufficient salt.
Cocoa. — Each pint to contain : oz . fake cocoa or nibs, 1 oz . molasses or
sugar.
SVET Pudding . – To every pound 1.} oz . suet, 6 } oz . flour, 8 oz . water.
Curry STUFF . - Chillies 3. drs., pepper 1 } drs., turineric i dr., coriander
seed i dr., cummin seed { dr., and oil } oz .
Tea. - Each pint to contain . oz . tea, 1 oz . sugar.
DAILY RATION FOR EUROPEAN DEBTORS AND
FIRST-CLASS MISDEMEANANTS .
Bread, ..1 lb. 4 oz .
Beef, Mutton or Pork , without bone (6 days a week ), 8 oz .
Fresh Fish ( once a week ), .14 oz .
Beef for Soup , 8 oz .
Potatoes (3 days a week ) , 8 oz .
Vegetables , (3 days a week ) , 8 oz .
White Rice ( 1 day ), 8 oz .
Suet Pudding (once a week), .... 1 lb.
Oatmeal for Grnel ( once a week), 2 oz .
Tea , ... 1 oz .
Sugar, 2 oz .
Salt ( fine), oz .
Curry Stuff (once a week ), ..7 dr.
Soup, suet pudding, and curry stuff to be made as in recipe for other
prisoners, except that beef, 8 oz . , is allowed in this class.
ORDINARY PENAL DIET FOR EUROPEAN
PRISONERS .
BREAKFAST . - Bread , 8 oz .
DINNER . - Rice (common ), 8 oz .
Salt (fine ), oz.
SUPPER . - Bread, 8 oz .
NOTE.- Any prisoner sentenced to more than 55 days' penal diet has one pint of gruel at
break fast and supper.
PUNISHMENT DIET FOR EUROPEAN
PRISONERS.
Bread divided into two meals, ..1 lb. per dem .
SCALE
DIET
OF
ASIATIC
PRISONER
.FOR S
COMMON VEGE CHUT
CLASS
OF
FRISONERS
. FALT
OIL
.S
.FISH
FISH
RESH SALT
.TEA REMA
. RKS
.
RICE .TABLES NEY
.
Prisoners
Male
1.
senten
with ,.o2z ,.o1} z .11
,OZ
6months
over
ces
,R emand o81bz z
t.o d6aays d4aays d4aays 0
.}o1ozz2.
for
Trial
.......
and .. we
. ek week
. week
.
Priso
2.
with
Male ners
sente n 0,27. 0,17. .OZ
,8
ces
ofonths
and
under
,6m z
pt.o.O1boz d6aays ad4ays ad4 ays o
.1 z .oz
.oz
but
14
days
,over we
. ek .week .week
............
Female
3.
Prisoner
with
.sen s
tences
over
days
,a
14nd 2
O
,. Z ,102. o
,.8z
16
under
boys
senten
with oA1bzz
t.o d6aays ad4 ays d4aays 1z
.o .oz
oz
.
week wee
. k week
.
mabove
6 onths
,ces
.....
Debtors
-c4.
First
,alass
Mis nd 10
1b.z
l.o.oz oz
..6 ,.O4 Z .,o6t1bz
deme
., ..... anants alternate alternate
.daily 1z
.o .oz .
oz daily
P.4ozork
days
. daya
Pena
5.
,Dietl z
.o8l1b.
...
.
OZ
Redu
6.
Diet
,Penalced l1.o2b. z .OZ
PRISON .
Puni
7.
,Diet shment 12
.oz .
oz
:::
represents
above
The
quantity
the
meals
two
2,mfor
evening
deducted
.oand
be
will
rice
fzorning
from
in
prisoner
each
made 3No.
congee
of 2int
is nd
served
be
to
-dinto
mid
at
ay
a,1p.which
Chinese
prisoners
sentenced
imprisonment
with
labour hard
2for
yof
4will
aupwards
,wop.have zears
ork
nce
tofter
eek
have
they
the
6served
first
imprisonment
their
prisoners
.Sof
who
excused
are
labour
hard
Surgeon
mby
and onths
uch
No. on
3Iplaced
pork
in
by ndustrial
Labour
Light
will
allowed
enot
,be xcept
ordered
when
special
cases
Surgeon
.the
Prisoners
employed
Public
on
Works
receive
will
diet
same
the
sentenced
prisoners
as
imprisonment
to
hard
with
for
labour
upwards
W .2yofears
places
at
liable
is
waterhen
employed
drinking
the
where
drainage
pollution
may
,tto hey
supplied
be
drink
each
rice
water
wpint
of with
o.;1}congee
to - fzater
[ 18 OF 1885. ]
795
796 [ 1 of 1886. ] PAYMENT OF SMALL SUMS DUE TO THE ESTATES
OF DECEASED CIVIL SERVANTS .
2 OF 1886. ] APPORTIONMENT.
No. 1 OF 1886.
An Ordinance to empower the Colonial Treasurer to
pay otherwise than to Executors or Administrators
small Sums due on account of Pay or Allowances to
Persons deceased.
[ 10th March , 1886. ]
Treasurer, &c.
may , on death
1. On the death of any person or persons to whom respectively
of persons in any sum or sums of money not exceeding five hundred dollars
civil service
entitled to
inay be payable by a public department within the Colony in
sums under respect of civil pay or allowances or annuities granted either
$ 500, direct
payment under the authority of the Government of the Colony or of the
thereof British Government, it shall be lawful for the Treasurer on
without
production of being satisfied of the expediency of dispensing with probate or
letters of
administra
letters of administration, to authorize the payment of such sum
tion . or sums to such person or persons as the Treasurer may consider
[31 and32 v. entitled thereto, without requiring the production of probate or
c. 90, s . 1.]
of letters of administration , payment to be made under such
regulations as the Treasurer may direct..
Indemnity. 2. Any payment made in pursuance of this ordinance shall
[31 and32
c. 90, s. 2. ] V. be valid against all persons whatever, and all persons acting
under its provisions shall be absolutely discharged from all
liability in respect of any monies duly paid or applied by them
under this ordinance.
Commence .
ment of ordi.
3. This ordinance shall not come into force until Her
nance. Majesty's confirmation or allowance thereof shall have been
proclaimed.
[ Confirmation proclaimed 5th June, 1886.]
No. 2 OF 1886 .
An Ordinance for the better Apportionment of Rents
and other Periodical Payments .
[ 10th March , 1886.)
*** * *
Short title. 1. This ordinance may be cited for all purposes as The
.(33 and31 V. Apportionment Ordinance, 1886.
APPORTIONMENT. [ 2 of 1886. ) 797
2. From and after the commencement of this ordinance all Rents, &c. to
accrue from
rents, annuities, dividends, and other periodical payments in day to day,
and be
the nature of income ( whether reserved or made payable under apportionable
an instrument in writing or otherwise ) shall, like interest on in respect of
money lent, be considered as accruing from day to day, and time , s. 2. ]
[ Ibid,
shall be apportionable in respect of time accordingly .
3. The apportioned part of any such rent, annuity, dividend , Apportioned
or other payment shall be payable or recoverable in the case of &part of rent,
a continuing rent, annuity , or other such payment, when the the payable
next
when
entire portion of which such apportioned part shall form part, entire portion
shall become due and payable and not before; and in the case [becomes
Ibid, s. duc.
3. ]
of a rent, annuity, or other such payment determined by re
entry, death, or otherwise, when the next entire portion of the
same would have been payable if the same had not so determined ,
and not before .
4. All persons and their respective executors, administrators , Persons shall
and assigns, and also the executors, administrators, and assigns have thesame
respectively of persons whose interests deterrnine with their own recovering
deaths, shall have such or the same remedies at law and in apportioned
pirts as for
equity for recovering such apportioned parts as aforesaid when portions
entire
payable ( allowing proportionate parts of all just allowances) as perbia,s.4.]
they respectively would have had for recovering such entire
portions as aforesaid if entitled thereto respectively; provided rents
Provisoreserved
as to
that persons liable to pay rents reserved out of or charged on in certain
lands or tenements, and the same lands or tenements, shall not cases.
be resorted to for any such apportioned part forming part of an
entire or continuing rent as aforesaid specifically , but the entire
or continuing rent, including such apportioned part, shall be
recovered and received by the person who, if the rent had not
been apportionable under this ordinance, or otherwise, would
have been entitled to such entire or continuing rent, and such
apportioned part shall be recoverable from such person by the
executors or other parties entitled under this ordinance to the
same by suit or action.
5. In the construction of this ordinance, - Interpretat
tion of terms,
The word rents shall include all periodical payments or [ Ibid, s. 5.]
renderings in lieu of or in the nature of rent .
The word annuities shall include salaries and pensions.
The word dividends shall include ( besides dividends strictly
so called ) all payments made by the name of dividend,
bonus, or otherwise out of therevenue of trading or
other public companies , divisible between all or any
of the members of such respective companies , whether
such payments shall be usually made or declared at
any fixed times or otherwise ; and all such divisible
798 2 or 1886. ] APPORTIONMENT.
3 OF 1886 . LARCENY AND EMBEZZLEMENT.
revenue shall, for the purposes of this ordinance, be
deemed to have accrued by equal daily increment
during and within the period for or in respectof which
the payment of the same revenue shall be declared or
expressed to be made, but the said word dividends
shall not include payments in the nature of a return
or reimbursement of capital .
Ordinance not
to apply to 6. Nothing in this ordinance contained shall render apportion
policies of
assurance ,
able any annual sums made payable in policies of assurance of
[ Ibid, s. 6. ]
any description .
Nor where
stipulation
7. The provisions of this ordinance shall not extend to any
made to the case in which it is or shall be expressly stipulated that no
contrary.
[1bid, $ 7. ]
apportionment shall take place.
No. 3 OF 1886 .
An Ordinance to amend the Law relating to Larceny
and Embezzlement,
[ 10th March, 1886. ]
Short title. 1. This ordinance may be cited for all purposes as The Lar
ceny and Embezzlement Amendment Ordinance 1886, and shall
be read and construed with Ordinance 7 of 1865 and all ordi.
nances amending the same.
Member of 2. If any person, being a member of any copartnership or
partnership
guilty of being one of two or more beneficial owners of any money,goods
converting to or effects, bills, notes, securities , or other property, shall steal
his own use,
&c. partner or embezzle any such money , goods or effects, bills, notes,
ship property, securities, or other property belonging to any such copartner,
tried as if not ship or to such joint beneficial owners, every such person shall
a member.
[ 31 and 32 V. be liable to be dealt with , tried , convicted and punished for the
c . 116, § 1.) same as if such person had not been or was not a member of
such copartnership or one of such beneficial owners .
799
INFANTS CUSTODY. -SALES OF REVERSIONS. [ 4 & 5 or 1886. )
No. 7 OF 1886 .
An Ordinance to amend the Law relating to the Cus
tody of Infants.
[ 10th March , 1886.]
* *
1. This ordinance may be cited for all purposes as The In- Short title.
fants Custody Ordinance, 1886.
2. From and after the commencement of this ordinance it Supreme
Court
shall be lawful for the Supreme Court upon the petition pre- Order mother
sented in a summary way of the mother (by her nest friend if to have access
necessary ) of any infant or infants under the age of sixteen toand custody
of
years to order that the petitioner shall have access to such infant under 16
veal's
or infants at such time and subject to such regulations as the 36 V. c. 12,
Court shall deem proper or to order that such infant or infants s * .]] * 1
shall be delivered to the mother and remain in or under her
custody or control or shall if already in her custody or under
her control remain therein until such infant or infants shall
attain such age not exceeding sisteen years as the Court shall
direct ; and further , to order that such custody or control shall
be subject to such regulations as regards access by the father or
guardian of such infant or infants and otherwise as the Court
shall deem proper.
3. No agreement contained in any separation deed made Separation
between the father and mother of an infant or infants shall be deed agree
ment to give
or be deemed to be invalid by reason only of its providing that (up36 custody.
V. .
the father of such infant or infants shall give up the custody or $33. ]4. c. 12,
control thereof to the mother : provided always that no Court
shall enforce any such agreement if the Court shall be of opinion
that it will not be for the benefit of the infant or infants to give
effect thereto .
No. 5 OF 1886.
An Ordinance to amend the Law relating to Sales of
Reversions.
( 10th March, 1886. ]
*
*
1. This ordinance may be cited for all purposes as The Sales Short title.
of Reversions Ordinance, 1886 .
800 5 OF 1886 . ] SALES OF REVERSIONS .
6 OF 1886. ] PRINTERS AND PUBLISHERS .
No bona fide 2. From and after the commencement of this ordinance no
purchase of
purchase made bond fide and without fraud or unfair dealing of
be set aside any reversionary interest in property of any kind within the
valuc merely. Colony shall hereafter be opened or set aside merely on the
[ 31 V. c. 4 , s. ground of undervalue.
1. ]
Interpreta- 3. The word purchuse in this or linance shall include every
tion .
[ Ibid. s. 2. ] kind of contract, conveyance or assignment under or by which
any beneficial interest in any kind of property may be acquired.
No 6 OF 1886 .
An Ordinance to regulate the printing of Newspapers
and Books and the keeping of Printing Presses within
the Colony
[ 24th March , 1886.]
*
PART I.
Preliminary
Short title. 1. This ordinance may be cited for all purposes as The Print
er's and Publishers Ordinance, 1886. *
Interpreta 3. In the construction of this ordinance, unless there is any.
tion .
(44 and 45 V. thing in the subject or the context repugnant thereto, the
c . 60, s. 1. ] several words and plirases hereinafter mentioned shall have and
include the meanings following, that is to say :--
The word Registrar shall mean the Registrar of the Su
preme Court of Hongkong or either of the Deputy
Registrars thereof for the time being .
The word newspaper shall mean any paper containing
public news, intelligence, or occurrences, orany remarks
or observations thereon, printed for sale and published
in the Colony periodically or in parts or numbers at
intervals not exceeding twenty -six days between the
publication of any two such papers, parts, or numbers,
also any paper, printed in order to be distributed and
made public weekly or oftener or at intervals not ex
ceeding twenty -sixdays, containing only or principally
advertisements .
PRINTERS AND PUBLISHERS . 6 OF 1886. ] S01
The word book shall mean every volume, part or division [5 and 6 V. c.
of a volume, pamphlet, sheet of letter press, sheet of 45, s. 2.]
music, map, chart, or plan , separately printed or pub
lished in the Colony, containing literary, scientific,
artistic, or musical composition, matter or work.
The word proprietor shall mean and include as well the [44 and 45 V.
sole proprietor of any newspaper as also, in the case C. 60,s.1.]
of a divided proprietorship , the persons who as partners
or otherwise represent and are responsible for any
share or interest in the newspaper as between them
selves , and the persons in like manner representing or
responsible for the other shares and interest therein
and no other person .
The phrases place of residence, place ofbusiness shall include
the street, square, or place, where the person to whom
it refers shall reside or shall carry on business as the
case may be , and the number (if any ) or other desig
nation of the house in which he shall so reside or carry
on business.
The words newspaper register shall mean the books to be
kept by the Registrar for the purpose of making and
registering all declarations required or permitted to be
made by this ordinance and such books shall contain
printed copies of theforms prescribed by this ordinance
to be filled up by the Registrar and signed by the
party making the declaration .
PART II .
Printers, publishers, and proprietors.
4. From and after the expiration of seven days from the No newspaper
coming into operation of this ordinance no newspaper shall be to be publish
printed or published within the Colony except in conformity accordance
with the pro
with the provisions hereinafter contained. visions herein.
[ Re-enact.
ment No. 2 ot
1844 , s. 1. ]
( 1. ) The printer and publisher of every newspaper shall Declaration.
appear before the Registrar and shall make and s.[26.]of 1844,
subscribe in the newspaper register a declaration (44 and45 V.
according to the form No. 1 in the schedule hereunto č. 60, s. 9.]
annexed.
( 2. ) As often as the place of printing or publication is change of
place, print
changed, a new declaration shall be necessary. ing or publish
ing.
ſilid .)
S02 of 1886. ] PRINTERS AND PUBLISHERS .
[ 6 OF
Printer or ( 3. ) As often as the printer or publisher who shall have made
publisher
leaving the aforesaid declaration shall leave the Colony per
Colony.
manently or temporarily, or shull, although in the
>
[ No. 4 of Colony, be imprisoned or otherwise incapacitated from
1891.]
being or shall cease to be the actual printer or publisher
for the time being, a declaration from the actual printer
or publisher resident within the Colony shall be neces
sary .
Penalty for
non -observan
5. Whoever shall print or publish any newspaper without
ce of s . 5. * conforming to the provisions in section 4, or whoever shall print
[44 and 45
c. 60 , s. 2. ]
V. and publish or cause to be printed or published any newspaper
* 4 knowing that the said provisions have not been complied with,
shall on conviction be liable to a penalty of not exceeding $ 1,000
or to imprisonment for a term not exceeding six months.
Declaration 6. If any person , who has made and subscribed the declara
ceasing to be tion prescribed by section 4 , ceases to be the printer or publisher
printer, &c .
į Ibid. sec. 5.] of the newspaper mentioned in such declaration, he may appear
before the Registrar and may make and subscribe a declaration
in the newspaper register according to the form No. 2 in the
schedule bereunto annexed .
Change of 7. Upon every change of the proprietor of any newspaper,or
proprietor
ship . upon every transfer or transmission of or dealing therein whereby
44
(11 and45
c. 60, s. 9. ] V. any person ceases to be a proprietor or any new proprietor is
introduced, it shall be the duty of the printers and publishers
for the time being of such newspaper within 21 days from the
time of such change, transfer or transmission as aforesaid, to
appear before the Registrar and subscribe a declaration in the
newspaper register according to the forın No. 3 in the schedule
hereunto annexed.
Penalty for
omission to 8. If within the said period of twenty-one days such declara
make the tion shall not be made, then each printer and publisher of such
declaration
in s . 7 . newspaper shall on conviction be liable to a penalty not exceed
[44 and45 v. ing $150.
c . 60 , s. 10.]
(£ 24 .)
Power for 9. Any party to a transfer or transmission ofor dealing with
party on
change of any share of or interest in any newspaper whereby any person
proprietor-
ship to make
ceases to be a proprietor or any new proprietor is introduced,
declaration . may at any time make or cause to be made the declaration
44 45 V.
[*tand 15.v. prescribed by section 7 of this ordinance.
Authority to
make declara
10. Where in the opinion of the Governor in Council in
tion of some convenience would arise or be caused in any case from making a
only of declaration of the names of all the proprietors of the newspaper
proprietors.
[44 and 45 v. minute
( either owing to minority,
subdivision of sharescoverture, absence from the Colony,
or other special circumstan
c. 60, s. 7. ] ces) it
PRINTERS AND PUBLISHERS. [66 or 1886. ) SU3
shall be lawful for the printers or publishers of such newspaper,
upon the order of the Governor in Council, to male such
declaration with the name or names of sume one or more
representative proprietors.
11. The provisions hereinbefore contained in reference to the Exception as
proprietor of any newspaper shall not extend or apply to any and papers of
newspaper which belongs to a joint-stock company duly incorpo- companies.
[ 14 and 45 V.
rated under the ordinances relating to joint-stock companies. c . 61, s. 18. ]
Printers
12. Every person who shall print any newspaper, paper, or keep to
copy of
book for hire, reward, gain or protit, shall carefully preserve newspapers
and keep one copy ( at least) of every newspaper, paper, or book and booksand
to produce on
so printed by him , on which he shall write or print or cause to request of
be written or printed in legible characters the name and place Magistrate
of residence of the person or persons by whom he is employed c.€ 7979,, s . 29,
to print the same and shall keep and preserve the s :ime for the c32. 21.]
and 33 V.
space of six months after the printing thereof and shali proluce ( Monih
and show the same to a Police Magistrate of the Colony if calendar,
means s. 1
required to do so within the said six months, and every person of67.]
who shall omit or neglect any of the provisions of this section Penalty.
shall on conviction be liable to a penalty not exceeding one ( € 20.)
hundred dollars.
13. Every person who shall print any newspaper, paper, or Printers to
book , intended to be distributed or made public, shall print print their
and
upon the front of every such newspaper or paper, if the same addresses on
shall be printed on one side only, or upon the first or last leaf newspapers
of every newspaper, paper, or book , which shall consist ofiore (2 and 3 V.c.
12 , s , 2 ; 32
than one leaf, in legible characters his name and usual place of and 33 v. c.
residence or business , and every person who shall distribute or 21 sch .)
publish or assist to distribute or publishı any such newspaper,
paper, or book, without fulfilling the requirements ofthis section ,
shall upon conviction be liable to a penalty not exceeding $ 25 . Penalts.
for everycopy of such neurspaper, paper or book , so printed (45.)
distributed or published by hiin
14. Every person who shall print or publish or cause to be Bond to be
printed or published any newspaper, shall prior to such printing printer or
or publishing enter into a bond before the Registrar, together publisherof
with two sufficient sureties to the satisfaction of the Registrar, 1860.60 Geo.
such printer or publisher or printer and publisher in the sum of 4111.c.9.1.W.
, c. 73 ,
twelve hundred dollars and such sureties jointly in a like sum, répen led by
conditioned that such printer or publisher or printer and publish- 32V. and
c 33
er shall pay every fine or penalty as may at any time be im- (€250.)
posed upon or adjudged against him or any person acting for
him in his absence by reason of any conviction for printing or
publishing or printing and publishing any libel at any time
after the entering into such bond and also all costs of such
conviction ; and further conditioned that every such printer or
SOL [6 of 1886. ] PRINTERS AND PUBLISHERS .
publisher or printer and publisher shall pay all such damages
and costs as may be recovered or arise in any action for libel
published in such newspaper ; and every person not covered by
such bond who shall print or publish or cause to be printed or
published any newspaper without having entered into such bond
with such sureties as aforesaid shall upon conviction for every
such offence be liable to a penalty not exceeiling $ 100 together
with the costs of conviction .
Altorney
lieueral or 15. Every bond so given as aforesaid may be sued upon in
plaintiff to
sile upon
the name of the Attorney General of the Colony in cases of
bonds.
indictment or information and of the plaintitf or plaintiff's in
5.2. No, 14 any action for libel in which damages may be recovered .
of 1880. ]
Nei suretics
in certain
16. In every case in which any surety in any such bond as
( ises . aforesaid shall have been required to pay and have paid the
[ Thil. s. 3.] whole or any part of the sum for which he shall have become
surety ; or in case be shall become bankrupt or shall cease to
reside in the Colony, then and in every such case the person
for whom such surety shall have been bound shall not print or
publish any newspaper until he shall have entered into a new
bond with sufficient sureties in the manner and to the amount
aforesaid ; and in case he shall print or publish any such news
paper without having executed such new bond as aforesaid, he
shall be liable on conviction for every such offence to a penalty
not exceeding $ 100 together with the costs of conviction.
Withcrawal 17. If any surety as aforesaid shall be desirous of withdraw
of sureties.
[ Ibid, s, t .) ing from such bon !. it shall be lawful for him to do so " poni
giving twenty days' previous notice in writing to the Registrar
and also to his principal; and in every such case such surety
shall upon the expiration of such notice cease to be liable upon
such bonci except for any penalty or penalties damages or costs
” have been printed or
for or in respect of any libel irhich may
published in such newspaper previous to the expiration of such
notice and for which he would otherwise have been liable under
such bond ; and in every such case the person for whom such
surety shall have been bound shall not print or publish any
newspaper until he shall have executed a new bond with suffi
cient sureties in the manner and to the amount aforesaid ; and
in case be shall print or publislı any such newspaper without
having entered into such new bond as aforesaid , he shall be
liable on conviction for every such offence to a penalty not
exceeding $ 100, together with the costs of conviction .
('ustody of
bonds.
18. All bonds entered into in pursuance of this ordinance
(S. 6 of No. shall upon excention
escention be
be deposited with the Registrar for safe
16 , of 1800),
altered .)
custody.
PRINTERS AND PUBLISHERS. (; or 1886 . S03
PART III .
Printing p * $!%.
19. From and after the expiration of seven days from the Declaration
coming into operation of this ordinance no person shall within is of No. 2 of
the Colony keep in his possession any press for the printing of ist .
newspapers books or papers who shall not have inade aud
subscribed before the Registrar in the newspaper register a
declaration according to the form No. 4 in the schedule here
into annexed , such declaration to be made in like manner as
is prescribed for the declarations bereinbefore mentioned , and
whoever shall keep in his possession any such press without
making such declaration shall on conviction be liable to a
penalty not exceeding $ 1,000, or imprisonment for a term not
exceediny six montlis.
PART IV.
General
20. Ali persons shall be at liberty to search and inspect the search .
newspaper register from time to time during the hours of busi- Inspection.
ness of the Supreme Court on payment of Si , for every such copies
search and inspection , and any person may require a copy of $ . 3 , 7 , tant
any entry or an extract from the said book to be certified by 1: 1. , 60 ,
1 :3 . ]
the Registrar under the seal of the Court on payment of $ 2 for
every such copy.
21. Every copy of an entry iu or extract from the newspaper copies of
register as aforesaid purporting to be certified by the Registrar entries,
curioso. ini
under the seal of the said Court shall be received as conclusive evidenceof
eridence of the contents of the sail register so far as the same 44 and.is v .
appear in such copy or extract without proof of the signature 1.6013.
Similiter
thereto or of the seal of the Court affixed thereto and every for of
such certified copy or extract shall in all proceedings civil or 154.s3..
in part .]
criminal be accepted as sufficient primâ facie evidence of all the This ( olers
matters and things thereby appearing unless and until the stof No. 2
contrary thereof be shown . of IST .
22. If any person shall knowingly and wilfully make or making
l'emalt for
cause to be made any leclaration by this ordinance required or wilful mi
permitted to be made in which there shall be any untruth or represent:
inisrepresentation or from which there shall be any omission leclarat in ions
in respect of any of the particulars by this ordinance required of(5.9of
1861.
So..
12
to be contained therein whereby such declaration shall be mis. of land
H ...4.5
leading, or if any proprietor of a newspaper shall knowingly 1.6.1 ).]
and wilfully permit any declaration under sections 1 and 1 of
this ordinance to be made which shall be misleading with
reference to his own name, occupation, place of business ( if any )
806 [ 6 OF 1886. ] PRINTERS AND PUBLISHERS .
or place of residence, every such offender being convicted
( £ 100. ) thereof shall be liable to a penalty not exceeding $ 500.
General
exceptions.
23. This ordinance shall not extend or apply to the impres
139 Geo . III sion of any engraving or to the printing by letter press of the
c s. .
6. 79, ,?, re, name or of the name and addresses or business or profession of
enacted in 32
and 33 V. c. any person or of the article in which he deals or of any paper
21 sch .] containing an advertisement of the sale of any estates or goods
by auction or otherwise or of ordinary business notices or
advertisements.
Recovery of 24. All penalties under this ordinance may be recovered
penalties.
11 and 1.:v . summarily before a Police Magistrate according to the laws for
C. 60, s. 16.] the time being in force within the Colony regulating summary
procédure.
Limitation of
prosecution 25. No persons shall be prosecuted or sued for any penalty
or action . inposed by this ordinance unless such prosecution shall be
, s. III. commenced or su « h action shall be brought within 6 months
[39Geo.
.
next'after such penalty shall have been incurred ; nor unless
such prosecution or action be commenced, prosecuted, entered,
or filed in the name of the Attorney General for the time being
of the Colony and with his assent .
Commence 26. This ordinance shall commence and come into operation
ment of
ordinance. on a day to be proclaimed by the Governor.
THE SCHEDULES ABOVE REFERRED TO .
Form I.
Form of declara
tion by printer 1, [ full name and address ] declare that I am the printer ( or publisher or
and/or publisher printer and publisher as the case may be] of the newspaper entitled
under s. 4 .
and printed (or published or printed and published as
the case may be] at Hongkong, the premises where such printing ( or publica
tion or printing and publication ) is carried on are situate at Chere describe
them precisely] and I further declare that [here state the full name of the
proprietor or proprietors or “ representative proprietors," (see e. 10 ), ] is (or
are) the proprietor (or proprietors or “ representative proprietors ”'] of the said
newspaper [here state their respective occupations, places of business (if
any) and places of residence .]
[ Signature of printer and publisher, & c.]
Declared, & c.
[ Signature of Registrar and
Seal of the Court.]
Form II .
Form of
claration 1 , [then follows us in last form ] declare that I have ceased to be the printer
under s. 6 . [or publisher or printer and publisher) of the newspaper entitled [ here insert
name of paper .]
[ Signature and Declaration ax in last form . ]
PRINTERS AND PUBLISIIERS. ( 6 or 1886. ) S07
USURY . 7 of 1886. )
Form III .
I, ( then follows as in form I] the printer [ or publisher or printer and Form of
publisher] of the newspaper entitled ( stute name]declare that [ state full name] declaration
under 35.7,9.
has ceased to be the proprietor (or a proprietor] of the said newspaper entitled
[ state name] and that [state full names with his or their occupation, place
of business ( if any) and pluce of residence] is ( or are ] now the proprietor
(or proprietors ) thereot.
[ Signature of person making declaration .]
Declared [us inform I.]
Form IV .
1, [state name and place of residence] declare that I have a press for declaration
form of
printing at [here state the place where the press is kept giving a true and under s. 19.
precise description of the premises.
[ Signature and declaration as in form I.]
[ In force from 12th July, 1886. Proclamation 10th July, 1886. ]
No. 7 OF 1886 .
An Ordinance to repeal the Usury Laws and to fix a
legal rate of interest.
[ 24th March , 1886.]
* *
1. This ordinance may be cited for all purposes as The Usury Short title.
Ordinance, 1886.
*
3. Where interest is payable upon any contract, espress or Recovery of
interest .
implied, for payment of the legal or current rate of interest, or
where upon any debt or sum of money interest is payable by
any rule of law, such rate of interest shall be recoverable, as if
this ordinance had not been passed .
4. Where interest is payable on any contract, express or Rate of
implied, or on any debt or sum of money, but the rate of such interest
where no
interest is not fixed by the contract or by the parties or rule of agreement,
and
18 v. [c. 90,
law, the rate thereof shall not exceed $ 8 per cent. per annum . &c.
Provided always that it shall be lawful for the Supreme Court s.2.]
of Hongkong and every other Court having jurisdiction within
the Colony, in awarding interest in any action, suit or matter,
to allow a lower rate of interest, if the circumstances of the case
render it just and espedient.
5. Nothing herein shall be taken to affect or repeal any ordi- orilinances
Not to affect
nance relating to pawnbrokers. relating to
pawnbrokers.
[ Ibid, s, 3. ]
SOS
( 10 of 1886.] WIDOWS AND CHILDREN RELIEF .
No. 10 OF 1886 .
An Ordinance entitled An Ordinance for the Relief of
IVidous and Children of Intestates where the personal
estate is of small value.
[7th May, 1886.]
*** **
Short title. 1. This ordinance may be cited for all purposes as The l'id
ous and Children Relief Ordinance, 1886, and shall be read
and construed as one with Ordinance No. 8 of 1860 and any
ordinance amending the same.
Application 2. Where the whole estate and effects of any person dying
to Registrar
where estate
(loes not
intestate within the Colony siall not exceed in value the sun
exceed $ 500 . of $ 500 liis widow or any one or more of his children or in the
( 36 & 37 V. case of a widow so dying intestate as aforesaid her children, as
c . 52 , s. 1. ]
[ 38 & 39 7. the case may be, provided such widow or children respectively
č. 27. ] are resident within the Colony may apply to the Registrar of
the Supreme Court and the said Registrar shall fill קוthe usual
papers required by the Court in its probate jurisdiction to lead
to a grant of letters of administration of the estate and effects
of the said intestate and shall swear or declare the applicant and
attest the execution of the administration bond required accord
ing to the practice of the Court in its probate jurisdiction and
he shall also in due course make out and seal the letters of ad
ministration of the estate and effects of the said intestate and
deliver them to the party so applying for the same without pay-.
ment of any fee save as is provided by this ordinance.
Proof of iden . 3. The said Registrar may require such proof as he may
tity of person
applying. think sufficient to establish the identity and relationship of the
[ 36 & 37 V. applicant.
c . 52, s. 2.]
Registrar 4. If the said Registrar las reason to believe that the whole
may refuse to estate and effects of which the intestate died possessed exceeds
[ Ibid, s . 3.] in value $ 300, he shall refuse to proceed with the application
until he is satisfied as to the actual value thereof.
Power to 5. Any rules and orders and tables of fees requisite for carry.
frame rules,, ing this ordinance into operation shall be frained and may , from
[ 1 bid . s. 5. ) time to time, be altered by the Chief Justice of the Supreme
Court but the total amouet to be charged to applicants shall
not in any one case exceed the sums mentioned in the schedule
[ vide soc. 24. to this ordinance and no such rules and orders or tables of fees
No. 12 of
1873. ] or alterations thereof shall have any force or effect until the
same shall have been approved of by the Legislative Council of
the Colony and published in the Gazette.
WIDOWS AND CHILDREN RELIEF. ( 10 OF 1886 . SO9
LOAN . 11 OF 1886 .
6. Nothing herein contained shall be construed to affect any duty
Not toonaffect
admi.
duty now payable on letters of administration . nistration .
[ Ibid. s. 6.)
SCHEDULE .
Where the whole estate and effects of the intestate shall not exceed in Schedule.
value $ 100 , the sum of Sl : and where the whole estate and effects shall £ 20 .
exceed in value $ 100, the sum of $ 1 ; and the further sum of 20 cents for
every $ 50 or fraction of $50 by which the value shall exceed $ 100.
No. 11 OF 1886 .
An Ordinance to authorise the raising of a Loan not
exceeding Two Hundred Thousand Pounds.
[ 7th May, 1886.]
HEREAS it is expedient to raise on loan two hundred
WH thousand pounds to be expended : * *
*
1. This ordinance may be cited for all purposes as The Lomn Short title.
Ordinance, 1886 .
2. It shall be lawful for the Governor to raise by the issue Issue of
of debentures under this ordinance any sum or sums not exceed . debentures.
ing in the whole two hundred thousand pounds.
3. The principal moneys and interest, secured by the dcben- Principal and
interest out
tures issued under this ordinance, are hereby charged upon and payable
shall be payable out of the general revenues and assets of the vf revenue.
Government of Hongkong.
4. Every debenture issued under this ordinance shall be for Price of eachi
a sum of not less than one hundred pounds sterling, carrying debenture ;
interest at a rate not exceedling four and a half per centum per mole of
annum payable half yearly, and shall be paid off at par at any paying
&e . off,
time after the expiration of five years, but not later than twenty
years from the date of issue, provided always that not less than
six months' notice shall be given by alvertisement, in the
London Times newspaper , of the intention of the Governincnt of
Hongkong to pay off the debentures issued or a part thereof
under and by virtue of tliis ordinance, and provided also that
the time fixed for such repayment shall be a day on which a
coupon shall become due and payable.
810 [ 11 of 1886.] LOAN ,
Crown agents 5. The debentures shall be issued in London at the offices of
to issue
debentures. the Crown Agents for the Colonies, and shall be signed on behalf
of the Government of Hongkong by any two of them .
Registration 6. Every debenture shall, before being issued, be registered
.
of debentures, in a register book to be kept for that purpose at the offices of
the Crown Agents for the Colonies.
Coupons. 7. There shall be attached to every debenture, coupons for
the payment of the interest to become due in each half year
upon the principal secured by the debenture.
Forms. 8. The debentures and the coupons shall be in such form as
the Croirn Agents for the Colonies may approve.
Debentures
9. Every debenture and all right to and in respect of the
transferable. principal money secured thereby, and each compon and all right
to the interest payable in respect thereof, shall be transferable
by delivery, and the principal moneys secured by such debenture,
and the interest payable by such couponi, shall be payable at
the offices of the Crown Agents for the Colonies in London .
Interest to be
paid half 10. The Governor shall appropriate half-yearly, out of the
yearly. general revenues of the Colony, the necessary sums to pay the
half-yearly interest due on account of the said loan.
Sinking fund . The Governor shall further appropriate half -yearly, out of the
general revenues of the Colony, commencing six months after
the date of issue of the first debentures created under this
ordinance, the sum of three thousand five hundred and thirty -six
pounds, and shall remit the same to the Crown Agents for the
Colonies in London , to be invested by them in some one or
more of the securities of the Imperial Government of Great
Britain, or of the Gorernment of any Colony of Great Britain ,
as they may from time to time determine, as a sinking fund for
the final extinction of the debt. The Crown Agents shall also
from time to time invest the dividends, interest, or produce
arising from such investment, so that the same may accuinulate
by way of compound interest.
If sinking
fund insuffi .
11. In case the sinking fund shall be insufficient for the
cient, Colony payment of all the principal money's borrowed under the
to make good authority of this ordinance at the time the same shall have
deficiency.
become due, the Governor shall make good the deficiency out of
the general revenues and assets of theColony.
Expenses 12. All expenses of, or incidental to the management of the
payable out
of sinking
fund.
sinking fund , or the repayment of the principal moneys to be
borrowed under this ordinance, shall be paid out of the sinking
fund.
BILLS OF SALE . [ 12 OF 1886. ] $ 11
No. 12 OF 1886 .
An Ordinance to consolidate and amend the Law for
preventing Frands upon Creditors by Secret Bills of
Sale of Personal Chattels.
[7th May, 1886.]
* *
* * .
1. This ordinance may be cited for all purposes as The Bills Short title.
of Sale Ordinance, 1886 .
2. This ordinance shall commence and come into operation Commence
ment.
on a day to be named by the Governor, and shall apply to every (11& 12 V.
bill of sale executed after such commencement (whether the c. 31,s. 2
& 3. ]
same be absolute, or subject or not subject to any trust ), whereby
the holder or grantee has power, either with or without notice ,
and either immediately or at any future time, to seize or take
possession of any personal chattels within the Colony comprised
in or made subject to such bill of sale.
***
4. In this ordinance , the following words and expressions Interpreta
tion of terms.
shall bave the meanings in this section assigned to them respect . (11 & 42 v.
ively, unless there be something in the subject or context č. 31, s. 4.]
repugnant to such construction ;; that is to say :--
The expression Bill of Sale shall include bills of sale,
assignments, s
transfers, declaration of trust without
transfer, inventories of goods with receipt thereto
attached , or receipts for purchase moneys of goods,
and other assurances of personal chattels, and also
powers of attorney, authorities, or licences to take
possession of personal chattels as security for any debt,
and also any agreement, whether intended or not to
be followed by the execution of any other instrument,
by which a right in equity to any personal chattels,
or to any charge or security thereon, shall be conferred ,
but shall not include the following documents ; that
is to say , assignments for the benefit of the creditors
of the person making or giving the same, marriage
settlements, transfers or assignments of any ship or
vessel or any share thereof, transfers of goods in the
ordinary course of business of any trade or calling,
bills of sale of goods in foreign parts or at sea, bills of
lading, India warrants, warehousekeepers ' certificates,
S12 [ 12 of 1886. ] BILLS OF SALE .
warrants or orders for the delivery of goods, or any
other documents used in the ordinary course of business
as proof of the possession or control of goods, or
authorising or purporting to anthorise, either by
indorsement or by delivery, the possessor of such
document to transfer or receive goods thereby re
presented : provided always that in the construction
[ 45 & 46 V. of sections 8, 10 , ( sub-section 1 ), 12 , 13, 14 , 15 , 16 ,
>
c. 43, s. 3. ]
17, 18, 19 , 23 , of this ordinance, the said expression
9
shall not include bills of sale or other instruments
hereinbefore mentioned which may be given otherwise
than by way of security for the payment of money.
The expression Personal Chattels shall mean goods, furni
ture, and other articles capable of complete transfer
hy delivery, and ( when separately assigned or charged )
fixtures and growing crops, but shall not include
fixtures ( except trade machinery as hereinafter de
fined ), when assigned together with any interest in
any land or building to wbich they are affixed , nor
growing , crops when assigned together with any
interest in the land on which they grow nor shares or
interests in the stock , funds, or securities of any
government, or in the capital or property of incorpo
rated or joint stock companies, nor choses in action ,
nor any stock or produce upon any farın or lands
which by virtue of any covenant or agreement ought
not to be removed from any farm where the same are
at the time of making or giving of such bill of sale :
Personal chattels shall be deemed to be in the apparent
possession of the person making or giving a bill of sale,
so long as they remain or are in or upon any house ,
mill, warehouse, building, works, yard , land, or other
premises, occupied by him , or are used and enjoyed
by him in any place whatsoever notwithstanding that
formal possession thereof may have been taken by or
given to any other person :
Registrar shall mean the Registrar of the Supreme Court
or his deputy.
Affidavit shall include any affirmation or declaration of any
person by law allowed to make an affirmation or
declaration in lieu of an affidavit.
Prescribed means prescribed by rules made under the
provisions of this ordinance.
BILLS OF SALE . [ 12 of 1886. ] 813
5. From and after the commencement of this ordinance, trade ordinance
Applicationtoof
machinery sball, for the purposes of this ordinance, be deemed trade machine
to be personal chattels, and any mode of disposition of trade ery .
machinery by the owner thereof, which would be a bill of sale {c.1131 ,ands. 5.42] V.
as to any other personal chattels, shall be deemed to be a bill of
sale within the meaning of this ordinance.
-
For the purposes of this ordinance,
Trade machinery means the machinery used in or attached
to any factory or workshop,
1st. Exclusive of the fixel motive-powers, such as the
water -wheels and steam engines, and the steam
boilers, donkey engines , and other fixed appurte
nances of the said motive -powers ; and
2nd. Exclusive of the fixed power machinery, such as the
shafts, wheels, drums, and their fixed appurtenances,
which transmit the action of the motive -powers to
the other machinery, fixed and loose ; and
3rd. Exclusive of the pipes for steam , gas, and water in
the factory or workshop .
The machinery or effects excluded by this section from the
definition of trade machinery shall not be deemed to be personal
chattels within the meaning of this ordinance .
Factory or workshop means any premises on which any
manual labour is exercised by way of trade, or for
purposes of gain , in or incidental to the following
purposes or any of them , that is to say,
( a. ) In or incidental to the making any article
or part of an article ; or
( 6. ) In or incidental to the altering , repairing ,
finishing, of any article ; or
( c. ) In or incidental to the adapting for sale any
article.
6. Every attornment, instrument, or agreement, not being a Certain in
mining lease, whereby a power of distress is given or agreed to giving
struments
powers
be given by any person to any other person by way of security of distress to
for any present, future, or contingent debt or advance, and besubject
this ordi
to
whereby any rent is reserved or made payable as a mode of nance.
providing for the payment of interest on such debt or advance, [[ 41 and42 v.
C.
or otherwise for the purpose of such security only, shall be
deemed to be a bill of sale, within the meaning of this ordinance,
of any personal chattels which may be seized or taken under
such power of distress
811 [ 12 of 1886. ] BILLS OF SALÉ .
Provided , that nothing in this section shall extend to any
mortgage of any estate or interest in any land or tenement which
the mortgagee, being in possession , shall have demised to the
mortgagor as his tenant at a fair and reasonable rent.
Fixtures or
7. No fixtures or growing crops shall be deemed, under this
SaleWinterops
not be ordinance , to be separately assigned or charged by reason only
deemedassign
sepa- that they are assigned by separate words, or that power is given
co when the to sever them from the land or building to which they are affixed
Land
the passes
inby or from the land on which they grow without otherwise taking
strument. possession of or dealing with such land or building, or land, if
[*3and 13 V. bythe same instrument any leasehold interest in the land or
c. 31 , s. 7. ]
building, to which such fixtures are affixed , or in the land on
which such crops grow is also conveyed or assigned to the same
persons or person.
The same rule of construction shall be applied to all deeds or
instruments, including fixtures or growing crops, executed before
the commencement of this ordinance and then subsisting and in
force, in all questions arising under any bankruptcy, liquidation ,
assignment for the benefit of creditors, or execution of any
process of any Court, which shall take place or be issued after
the commencement of this ordinance.
Bill of sale to 8. Every bill of sale shall be duly attested and shall be
less attested registered within seven clear days after the execution thereof,
and register
ed . or if it is executed in any place out of the Colony then within
[45 and 46 V. seven clear days after the time at which it would in the course
c. 43, s . 8. ] of post arrive in the Colony if posted immediately after the
execution thereof, and shall truly set forth the consideration for
which it was given ; otherwise such bill of sale shall be void in
respect of the personal chattels comprised therein .
Avoidance of
9. Where a subsequent bill of sale is executed within or on
careabills upli-
of the expiration of seven days after the execution of a prior
sale.
(41 and 42 V. unregistered bill of sale , and comprises all or any part of the
c. 31 , s. 9.] personal chattels comprised in such prior bill of sale , then, if
such subsequent bill of sale is given as a security for the same
debt as is secured hy the prior bill of sale, or for any part of
such debt, it shall, to the extent to which it is a security for
the same debt or part thereof, and so far as respects the personal
chattels or part thereofcomprised in the prior bill, be absolutely
void , unless it is proved to the satisfaction of the Court having
cognizance of the case that the subsequent bill of sale was bonâ
fide given for the purpose of correcting some material error in
the prior bill of sale, and not for the purpose of evading this
ordinance.
Morle of 10. A bill of sale shall be attested and registered under this
registering ordinance in the following manner :
BILLS OF SALE . [ 12 OF 1886. ] 815
( 1. ) The execution of every bill of sale by the grantor (41 & 42 V. c.
46 Vs.10.45, &
shall be attested by one or more credible witness 31, s.
10.]
or witnesses, not being a party or parties thereto.
( 2. ) Such bill, with every schedule or inventory thereto
annexed or therein referred to, and also a true copy
of such bill and of every such schedule or inventory,
and of every attestation of the execution of such bill
of sale together with an affidavit of the time of such
bill of sale being made or given , and of its due
execution and attestation, and a description of the
residence and occupation of the person making or
giving the same (or in case the same is made or
given by any person under or in the execution or
any process, then a description of the residence and
occupation of the person against whom such process
issued ), and of every attesting witness to such bill
of sale, shall be presented to and the said copy and
affidavit shall be filed with the Registrar within
seven clear days after the making or giving of such
bill of sale.
( 3. ) If the bill of sale is made or given subject to any
defeasance or condition, or declaration of trust not
contained in the body thereof, such defeasance,
condition, or declaration shall be deemed to be part
of the bill, and shall be written on the same paper
or parchment therewith before the registration, and
shall be truly set forth in the copy filed under this
ordinance therewith and as part thereof, otherwise
the registration shall be void.
In case two or more bills of sale are given , comprising in
whole or in part any of the same chattels, they shall have prior
ity in the order of the date of their registration respectively as
regards such chattels ,
A transfer or assignment of a registered bill of sale need not
be registered.
11. The registration of a bill of sale, whether executed before Renewalof
or after the commencement of this ordinance, must be renewed registration ,
[ 41 & 42 V. c.
once at leastevery five years,, and if a period of five years elapses 31,s.11.]
from the registration or renewed registration of a bill of sale
without a renewal or further renewal ( as the case may be ), the
registration shall become void.
The renewal of a registration shall be effected by filing with
the Registrar an affidavit stating the date of the bill of sale and
of the last registration thereof, and the names, residences, and
occupations of the parties thereto as stated therein, and that the
bill of sale is still аa subsisting security.
S16 [ 12 of 1886. ] BILLS OF SALE .
Every such affidavit may be in the form set forth in the
schedule A hereto .
A renewal of registration shall not become necessary by
reason only of a transfer or assignment of aa bill of sale.
Bill of sale to
12. Every bill of sale shall have annexed thereto or written
baveschedule
of property thereunder å schedule containing an inventory of the personal
attached .
( 15 & 46 V. c.
chattels comprised in the bill of sale ; and such bill of sale save
43, s. 4.] as hereinafter mentioned, shall have effect only in respect of the
personal chattels specifically described in the said schedule, and
shall be void except as against the grantor in respect of any
personal chattels not so specifically described .
Bill of sale 13. Save as hereinafter mentioned, a bill of sale shall be void
not to affect
afteracquired except as against the grantor in respect of any personal chattels
property .
45 & 46 V. c.
specifically described in the schedule thereto ofwhich the grantor
43, s. 5. ) was not the true owner at the time of the execution of the bill
of sale .
Exception as
to certain
14. Nothing bereinbefore contained shall render a bill of sale
things. void in respect of any of the following things, ( that is to say.) : --
[ 15 & 16 V. c.
43, $ 6. ] ( 1. ) Any growing crops separately assigned or charged
where such crops were actually growing at the time
when the bill of sale was executed .
( 2. ) Any fixtures separately assigned or charged and any
plant or trade machinery where such fixtures plant
or trade machinery are used in attached to or
brought upon any land, farm , factory, workshop,
shop , house, warehouse, or other place in substitu
tion for any of the like fixtures, plant or trade
machinery specifically described in the schedule to
such bill of sale.
Bill of sale 15. Personal chattels assigned under a bill of sale shall not
with power to be liable to be seized or taken possession of by the grantee for
seize except
in certain
events to be
any other than the following causes :
void .
[ Ibid, s. 7.) ( 1. ) If the grantor shall make default in payment of the
sum or sums of money thereby secured at the time
therein provided for payment or in the performance
of any covenant or agreement contained in the bill
of sale and necessary for maintaining the security ;
( 2. ) If the grantor shall become a bankrupt or suffer the
said goods or any of them to be distrained for rent,
rates or taxes ;
( 3. ) If the grantor shall fraudulently either remove or
suffer the said goods or any of them to be removed
from the premises ;
BILLS OF SALE . [ 12 of 1886. ] 817
( 4. ) If the grantor shall not without reasonable excuse
upon demand in writing by the grantee produce to
him his last receipts for rent, rates and taxes ;
( 5. ) If execution shall have been levied against the goods
of the grantor under any judginent at law ;
Provided that the grantor may within five days from the seizure
or taking possession of any chattels on account of any of the
above mentioned causes apply to the Court or to a Judge thereof
in Chambers, and such Court or Judge if satisfied that by pay
ment of money or otherwise the said cause of seizure no longer
exists, may restrain the grantee from removing or selling the
said chattels or may make such other order as may seem just.
16. A bill of sale made or given by way of security for the form of bill
payment of money by the grantor thereof shall be void unless (15
of sale.
& 46 V. c.
made in accordance with the form in the schedule B hereto . 13 , s. 9.]
17. Every bill of sale made or given in consideration of any under
Bill of $sale
150
sum under one hundred and fifty dollars shall be void. to be void .
[ 15 & 46 V. c.
43 , s. 12. ]
18. All personal chattels seized or of which possession is toChattel s not
be removed
taken after the commencement of this ordinance under or by or sold .
virtue of any bill of sale (whether registered before or after the [Ibid.s.13.]
commencement of this ordinance) shall remain on the premises
where they were so seized or so taken possession of and shall
not be removed or sold until after the expiration of five clear
days from the day they were so seized or so taken possession of.
19. A bill of sale to which this ordinance applies shall be no Bill of sale
notto protect
protection in respect of personal chattels included in such bill chattels
of sale which but for such bill of sale would have been liable to against taxes
distress under a warrant or order for the recovery of taxes and
(Ibid.s..14.]
and rates .
20. The Registrar shall keep a book in this ordinance Form of
called “ the register ” ) for the purposes of this ordinance, and register,
( 41 & 42 V. c.
shall, upon the filing of any bill of sale or copy under this 31,s.12. ]
ordinance, enter therein in the form set forth in the schedule C
hereto, or in any other prescribed form , the name, residence ,
and occupation of the person by whom the bill was made or
given (or in case the same was made or given by any person
under or in the execution of process, then the name, residence,
and occupation of the person against whom such process was
issued, and also the name of the person or persons to whom or
in wbose favour the bill was given ) , and the other particulars
shown in the said schedule or to be prescribed under this ordi
nance, and shall number all such bills registered in each year
consecutively , according to the respective dates of their regis
tration .
818 [ 12 OF 1886. ] BILLS OF SALE .
Upon the registration of any affidavit of renewal, the like
entry shall be made, with the addition of the date and number
of the last previousentry relatingto the same bill, and the bill
of sale or copy originally filed shall be thereupon marked with
the number affixed to such affidavit of renewal.
The Registrar shall also keep an index of the names of the
grantors of registered bills of sale with reference to entries in
the register of the bills of sale given by each such grantor.
Such index shall be arranged in divisions corresponding with
the letters of the alphabet, so that all grantors whose surnames
begin with the same letter ( and no others) shall be comprised
in one division , but the arrangement within each such division
need not be strictly alphabetical.
Rectification
.
21. Any Judge of the Supreme Court , on being satisfied
(41 & 42 v.c. that the omission to register a bill of sale or an affidavit of
31 , s . 14. ) renewal thereof within the time prescribed by this ordinance,
or the omission or misstatement of the name, residence, or
occupation of any person , was accidental or due to inadvertence,
may in his discretion order such omission or misstatement to
be rectified by the insertion in the register of the true naine,
residence, or occupation, or by extending the time for such
registration on such terms and conditions (if any) as to security,
notice by advertisement or otherwise, or as to any other matter,
as he thinks fit to direct.
Entry of 22. Subject to and in accordance with any rules to be made
satisfaction .
[ 41 & 42 V. C. under and for the purposes of this ordinance, the Registrar may
31 , s . 15. ] order amemorandum satisfaction to be written upon any
of
registered copy of a bill of sale, upon the prescribed evidence
being given that the debt ( if any ) for which such bill of sale
was made or given has been satisfied or discharged.
Copies may
be taken . 23. Any person shall be entitled to have an office copy or
[41& 12 V.c. extract of any registered bill of sale, and affidavit of execution
31 , s. 16. ) filed therewith, or copy thereof, and of any affidavit filed there
with, if any, or registered affidavit of renewal, upon paying for
the same at the like rate as for office copies of judgments of the
Supreme Court, and any copy of a registered bill of sale, and
aftidavit purporting to be an office copy thereof, shall in all
Courts and before all arbitrators or other persons , be admitted
as primâ facie evidence thereof, and of the fact and date of
(45 &46V. c. registration as shown thereon. Any person shall be entitled at
31 , s. 16. ]
all reasonable times to search the register upon payınent of 25
cents subject to such regulations as may be prescribed and
shall be entitled at all reasonable times to inspect, examine and
every registered bill of sale without
make extracts from any and every
being required to make a written application or to specify any
BILLS OF SALE . 819
[ 12 OF 1886. ]
particulars in reference thereto upon payment of a fee of 25 cents
for each bill of sale inspected. Provided that the said extracts
shall be limited to the dates of execution, registration, renewal
of registration and satisfaction, to the names, addresses and
occupations of the parties to the amount of the consideration,
and to any further particulars prescribed by any roles made
under the provisions of this ordinance.
24. Every affidavit required by or for the purposes of this Affidavits.
11 & 12 V , c.
ordinance may be sworn before the Registrar or before any 31,5 1721
coinmissioner empoivered to administer oaths in the Supreme
Court.
Whoever wilfully makes or uses any false affidavit or declara
tion for the purposes of this ordinance shall be deemed guilty
of wilful and corrupt perjury.
25. The fees hereunder stated and such other fees as may lees.
(31 , 2vc.
be hereafter prescribed shall be paid to the Registrar who shail 1 s . 18 , see
Onl., 10s. 5.of)
account for the same in like manner as is now done with respect 1864 .
to other fees received by him , by virtue of his office, viz . :
On filing a bill of sale, ....... 50 cents .
On filing the affidavit of execution of a bill
of sale, ...... 50 cents .
On the affidavit used for the purpose of re
registering a bill of sale ( to include the
fee for filing ), ...... $ 1.25
For an official certificate of the result of a
search in one name in any register or
index under the custody of the Regis
trar of bills of sale , $ 1.25
For every additional name, if included in the
same certificate, .... 50 cents.
For a duplicate copy or certificate if not more
than three folios, .25 cents .
For every additional folio, 12 cents .
For a continuation search if made within 14
days of date of official certificate ( the
result to be endorsed on the certificate ) ,25 cents .
26. Rules for the purposes of this ordinance may be made Rules.
and altered from time to time by the like persons and in the {3111412
, s. ]V.C.
like manner in which rules may be made under and for the
purposes of the Supreme Court under section 24 of Ordinance
No. 12 of 1873 ,
320 [ 12 of 1886.] BILLS OF SALE .
Until altered, added to, or annulled the rules contained in
schedule D hereto shall be the rules under and for the purposes
of this ordinance .
Time for re
gistration
27. When the time for registering a bill of sale expires on a
(+1 & 12"'v.c. Sunday or other day on which the offices of the Supreme Court
& .
31 , s. 22. ] are closed , such registration shall be valid if made on the next
following day on which the office is open .
Debentures to
28. Nothing in this ordinance shall apply to any debentures
Ord., doesnot issued by any mortgage, loan or other incorporated company
apply . and secured upon the capital, stock or goods, chattels and effects
[ 45 & 46 V.c.
43, § 17. ] of such company .
SCHEDULES.
( A. )
Form of affidavit
under s. 11 . I, ( A , B.), of do swear that a bill of sale, bearing date the
day of 18 ( insert date of bill) and maile between (insert names
and descriptions of the parties in the original bill of sale) and which said
bill of sale (or and a copy of which said bill of sale, as the case may be) was
registered on the day of 18 (insert date of
registration ) is still a subsisting security .
Sworn & c .
( B. )
Forin of bill of
sale under s. 16.
This indenture made the day of between A. B. of
of the one part and C. D. of of the other part, witnesseth
that in consideration of the sum of $ now paid to A. B , by C. D.
the receipt of which sum the said A. B. hereby acknowledges (or whaterer
else the consideration may be ), he the said A. B. doth hereby assign unto
C. D. bis executors administrators and assigns, all and singular the several
chattels and things specifically described in the schedule hereto annexed by
way of security for the payment of the sum of $ and interest thereon
at the rate of per cent. per annum ( or whatever else may be the rate ).
And the said A. B. doth further agree and declare that he will duly pay to
the said C. D. the principal sum aforesaid together with the interest then
due by equal payments of $ on the day of (or whatever
else may be the stipulated times or time of payment). And the said A. B.
doth also agree with the said C. D. that he will (here insert terms as to
insurunce, payment of rent or otherwise which the parties may agree to for
the maintenance or defeasance of the stcurity). Provided always that the
chattels hereby assigned shall not be liable to seizure or to be taken possession
of by the said C. D. for any cause other than those specified in section 15 of
“ The Bills of Sale Ordinance 1886.”
In witness, &c .
Signed and sealed by the said A. B. in the presence of me E. F.
( add witness' name, address, and description ).
BILLS OF SALE . ( 12 of 1886.] 821
( C. ) Form of register
under s. 20 .
By whom given (or
against whom
process issued ).
( D. )
1. A memoranduin of satisfaction may be ordered to be written upon a Memorandum of
registered copy of a bill of sale on a consent to the satisfaction, signed by satisfaction
bills of sule.of
the person entitled to the benefit of the bill of sale, and verified by affidavit, order
11.8. C England
61 , r. 26.,
being produced to the Registrar, and filed in the Supreme Court.
2. Where this consent cannot be obtained , the Registrar may on applica- Order for
tion by summons, and on hearing the person entitled to the benefit of thebill satisfaction
meinorandumof of
of sale, or on affidavit of service of the summons on that person , and in either [bills ofsale,
case on proof to the satisfaction of the Registrar that the debt ( if any) for Ibid . r. 27.]
which the bill of sale was made has been satisfied or discharged order a
memorandum of satisfaction to be written upon a registered copy thereof.
3. If the attesting witness and deponent is a solicitor, and described as Rules where
is de solicitors
such , the entry of the satisfaction will be directed by the Registrar ( the attesting witness
rules,
papers being otherwise correct) as of course ; but under special circumstances (Practice 1884,
ibe Registrar may accept any other deponent if satisfied that he if a proper England,
r. 14.]
person to attest and verify the signature and consent.
8.) ? [ 13 OF 1886.] SALE OF LAND BY AUCTION .
No, 13 OF 1886 .
An Ordinance entitled An Ordinance to amend the Law
us to Sales of Land by Public Auction .
[ 7th May, 1886.]
Colony to the law of England relating to the sale of
*
land by public auction ;
Short title. 1. This ordinance may be cited for all purposes as The Sale
(30 & 31 1
c . 48 , § 1. ] of Land by Auction Ordinance, 1886.
Commence- 2. This ordinance shall commence and take effect on a day
ment of
orilinance. to be proclaimed by the Governor.
[ Ibid. $ 2.)
Interpreta- 3. Auctioneer shall mean any person selling by public auc
tional terms
[ Ibid . $ . tion any land, whether in lots or otherwise :
Land shall mean any interest in any messuages, lands,
or tenements of whatever tenure within the Colony.
Rule
respecting
4. The particulars or conditions of sale by auction of any
sales without land shall state whether such land will be sold without reserve ,
reserve . or subject to a reserved price, or whether a right to bid is
[ Ibid. $ + . ] reserved. If it is stated that such land will be sold without
reserve, or to that effect , then it shall not be lawful for the
seller to employ any person to bid at such sale, or for the auc
tioneer to take knowingly any bidding from any such person .
Rule respect 5. Where any sale by auction of land is declared ,, cither in
ing sale
subject to the particulars or conditions of such sale, to be subject to a
right of right for the seller to bid, it shall be lawful for the seller or any
seller to bic
as he may one person on his behalf to bid at such auction in such manner
think proper. as he may think proper.
[ Ibid . so.]
Practice of
opening
6. No opening of the biddings on any sale by auction of
biildings, by land under or by virtue of any order of the Supreme Court of
order of
Court
Hongkong shalí, from and after the commencement of this
except on ordinance, be allowed , and the highest bonâ fide bidder at such
ground of
frand to be
sale, provided lie shall have bid a sum equal to or higher than
discontinued. the reserved price ( if any ), shall be declared and allowed the
Tid. $ 6.] purchaser, unless the Court or Juuge shall, on the ground of
fraud or improper conduct in the management of the sale, upon
the application of any person interested in the land ( such
application to be made to the Court or Judge before the
Registrar's certificate of the result of the sale shall have become
binding ), either open the biddings, holding such lidder bound
by his bidding, or discharge him from being the purchaser, and
order the land to be re- sold upon such terms as to costs or
otherwise as the Court or Judge shall think fit.
SALE OF LAND BY AUCTIOX . [ 13 OF 1886.1 823
DOMINICAN MISSION INCORPORATION . 14 OF 1886 .
7. Except as aforesaid, nothing in this ordinance contained Supreme
shall affect any sale of land made under or by virtue of any in otherc .
order of the Supreme Court or of any other Court having excepte
respectsd from
jurisdiction within the Colony. operation of
ordinance.
[ In force from the 12th July, 1886. Proclamation of same date.] [ Ibid . § 7. ]
No. 14 OF 1886
An Ordinance entitled An Ordinance for the Incorporation
of the Procurator, in Hongkong, for the Dominican
Missions in the Far Eas'.
[ 7th May, 1886.]
*
1. The Very Reverend FERNANDO Saisz the Procurator in Procurator
Hongkong, for the Dominican Missions, (also known in the infor Hongkong,
the
Colony of Hongkong as the Spanish Missions in China and Dominican
Tonquin ) and holding the appointment of the Procurator, in the far East
einst
Hongkong, for the said Missions in the Far East and his to bea body
successors holding the said appointment and having placed in corporatc..
the hands of the Governor satisfactory proof of his appointment
for the time being shall be a body corporate (hereinafter called
the said corporation ) and shall for the purpose of this ordinance
have the name of “ The Procurator, in Hongkong, for the
Dominican Missions in the Far East ” and by that name shall
have perpetual succession and shall and may sue and be sued
in all Courts of Justice and before all Magistrates in this Colony,
and shall and may have and use a common seal, and the said
seal may from time to time break, change, alter, and make anew
as to the said corporation may seem fit, and the said corporation
shall have full power to acquire, accept leases of, purchase, take,
hold, and enjoy any land , buildings, messuages, or tenements
of what nature or kind soever and wheresoever situate in the
Colony of Hongkong and also to invest moneys on mortgage of
any lands, buildings, messuages or tenements in the said Colony
cr upon the mortgages or debentures, stock, funds, shares, or
securities of any corporation or company carrying on business
or having an office in the said Colony, and also to purchase and
acquire all manner of goods and chatteis whatsoever, and the
said corporation is bereby further empowered from time to time
by deed or deeds under its seal to grant, sell , convey, assign,
surrender and yield up , mortgage, demise, re-assign, transfer
or otherwise dispose of any lands, buildings, messuages, and
tenements, mortgages, debentures , stock , funds and securities,
8241 [ 14 of 1886. ] DOMINICAN MISSION INCORPORATION .
goods and chattels by this ordinance vested, or that may here
after be vested in the said corporation upon such terms as to
the said corporation may seem fit provided that due notice of
such appointment as Procurator in Hongkong and of the proof
thereof having been placed in the hands of the Governor sball
be given in the Government Gazette and such notice shall be
sufficient evidence of the said appointment and of proof thereof
having been made.
Lands, &c. , 2. The lands, buildings, messuages and tenements situate
now vested in
the Reverent lying and being within the Colony of Hongkong and all mort
Father Sainz gages,, debentures, stocks, funds and securities , goods and chattels
and the late
Reverend in the said Colony at the time of the passing of this ordinance
BIVAS, Right vested or purporting to be vested in the said Very Reverend
PAYO, Revd.
REIXACH ,
FERNANDO Sainz in his own right or as trustee for or Procurator
Reverend in Hongkong of the said Dominican Missions, or in the name
ECHEVAR of the late Reverend Francisco Rivas, Reverend Pedro Payo,
RIA,Reverend
HERCE, and Reverend Ramon REIXACH, Reverend GREGORIO ECHEVARRIA,
Reverend Reverend FRANCISCO HERCE, and Reverend GUILLERMO Bursó
BURNó to be
vested in respectively as trustees for the said missions, and all monies,
the corpora
tion .
securities for money , goods, chattels, and effects whatsoever, the
property of the said missions or purporting so to be are hereby
transferred to and vested in the said corporation , but subject as
regards the said lands, buildings, messuages and tenements to
the payment of reuts and the observance and performance of all
the covenants, conditions and reservations contained in the
crown leases or under leases or mortgages under which the said
lands, buildings or tenements are now or may hereafter be
respectively held.
How the seal 3. All deeds and other instruments requiring the seal of the
is to be used. said corporation shall be sealed with the sealof the said corpora
tion in the presence of the Very Reverend FERNANDO Saisz or
his attorney duly authorised or in the presence of any his
successor holding the appointment of Procurator, in Hongkong,
for the Dominican Missions in the Far East, or his attorney
duly authorised and shall also be signed by the said Very
Reverend FERNANDO Sainz or his said attorney or by his said
successor or his said attorney .
1
Rights of the 4. Nothing herein contained shall affect or be deemed to
Crown re
served . affect the rights of Her Majesty the Queen, her heirs or succes
sors, or of any bodies politic, or corporate, or other persons,
except such as are mentioned in this ordinance, and those
claiming by, from , or under them .
PEACE PRESERVATION . [ 15 OF 1886. ] 825
No. 15 OF 1886 .
An Ordinance entitled The Peace Preservation Ordinance,
1886.
[ 2nd June, 1886.]
*
PART I.
Appointment of special constables.
1. Whenever it appears to the Governor that any tumult or Power to ap
riot has taken place, or may be reasonably apprehended, and point special
that the ordinary officers appointed for preserving the peace are
not sufficient for the preservation of the peace, it shall be lawful
for the Governor to authorize any Magistrate to summon , by
writing in the form in schedule ( A ) , before him , any number
of persons resident, or being then within the Colony, then and
there to be appointed and to act as special constables within
the said Colony, so long as the said authority shall remain in
force .
Provided that, it shall be lawful for the said Magistrate, if it
appears to him upon the oath of any person that there is good
and sufficient cause to believe that any person intended to be
appointed a special constable is concealing himself in order to
avoid service of the summons, or that he is likely to disobey
the same, to issue a warrant, in the form of schedule ( B ) in
the first instance for the purpose of bringing before him persons
so to be appointed .
2. Every special constable shall have the same powers for Power of
special
the preservation of the peace , the prevention of offences, the constables.
apprehension of offenders, and for all other purposes, and the
same privileges , protection , and immunities, as the members of
the Police Force enrolled under the Police ordinance , except
as to pay and pension, or other reward , and shall be subject to
the orders of the Governor, the Magistrates, the Captain Super
intendent of Police, and any one or more Justices of the Peace
for the Colony, who shall be authorized by the Governor to act
in that behalf .
3. Any person required to serve as a special constable under Penalty for
this ordinance, who shall refuse , or otherwise omit without appear.
refusing to
reasonable excuse, to appear as special constable, shall be liable
on summary conviction thereof by a Magistrate to imprison
ment with or without hard labour for any term not exceerling
two months, or to pay a penalty not exceeding one hundred
dollars, or to both.
826 ( 15 of 1886. ] PEACE PRESERVATION .
Penalty for
refusing to
4. Any person so appointed a special constable, and called
act. upon to serve, who, without reasonable excuse, shall neglect
or refuse to serve and to obey such lawful orders and directions
as may be given to bim for the performance of the duties of his
[ No. 18 of
1890. ]
office, as provided in the second section of this ordinance , shall,
on summary conviction before аa Magistrate, be liable to impri
sonment, with or without hard labour for any term not exceed
ing two months, or to pay a penalty not exceeding one hundred
Proviso.
dollars, or to both : provided always, that no person shall be
subject to any penalty under this section who shall be unable
to perform the duties of a special constable, by reason of old
age, sickness, or other infirmity, proved to the satisfaction of
the said Magistrate.
PART II.
Proclamations of the Peace .
Proclamation 5. Whenever it shall appear to be necessary for the preserv
may be issued , ation of the public peace of the Colony, it shall be lawful for
the Governor in Council to declare by proclamation to be pub
lished in the Gazette that the said Colony shall be subject to
the following provisions of this ordinance, and every such
proclamation shall remain in force until cancelled by Govern
ment Notification published in the Gazette .
Assistance
from by
6. Whenever and wherever the peace is being broken during
standers . the existence of any proclamation under this ordinance, it shall
be lawful for the Governor, or Colonial Secretary or any Jus
tice of the Peace, to call upon all by-standers and persons in
the vicinity to give their aid in preserving the peace and in
apprehending persons breaking the peace, and every person
without lawful excuse refusing or omitting to give such aid,
shall be liable on conviction thereof to imprisonment with or
without hard labour for a term not exceeding three months,
or to pay a penalty not exceeding fifty dollars.
Riotous
assembly.
7. Whenever any persons shall be found during theexistence
of a proclamation under this ordinance, unlawfully, riotously,
or tumultuously assembled to the disturbance of the peace and
to the terror of Her Majesty's subjects, any Justice of the Peace
Warning. may, in an audible voice, warn such persons that they are acting
in contravention to law, and require them to disperse and depart
to their habitations, or to their lawful business ; and all persons
remaining so assembled , after such warning, may be dispersed
and taken into custody by any officer or constable of Police, or
special constable, or by any other person acting under the orders
Penalty. of a Justice of the Peace, and shall be liable on summary con
viction before a Vagistrate to imprisonment with or without
PEACE PRESERVATION. [ 15 of 1886. ] 827
hard labour for a term not exceeding three months, or to pay a
penalty not exceeding fifty dollars, and if any person or persons
so warned to disperse, shall be hurt, maimed, or killed in the
dispersing, seizing, or apprehending, or endeavouring to disperse,
seize, or apprehend, thepersons hurting, maiming,or killing him
or them shall be free, discharged, and indemnified from the
consequences, except on evidence of gross carelessness, wanton
ness, or malice.
8. During the continuance of any proclamation under this Carrying
ordinance, it shall not be lawful for any person, unless in the arms.
employment of Government, or unless authorized thereto by
the Governor, to carry on his person, or have in his possession,
any arms or instruments capable of being used as offensive arms,
unless they be the tools of his trade, or unless he can show that
they are intended to be used for some lawful purpose, of which
the burden of proof shall lie on him , nor any ammunition for
such arms or instruments.
It shall be lawful for any Justice of the Peace acting under Justices of
they Peace
the powers prescribed by the second section of this ordinance, ma search
to enter with or without a written warrant and with or without bouses for
arms .
assistance, and to authorize any officer or constable of Police, [ No. 18 of
or special constable to enter with or withoui a written warrant, 1890.]
and with or without assistance, and using in either case force if
necessary, into any dwelling house or other building , and into
any place in which he maysuspect that any such arms or in
struments or ammunition may be, contrary to the provisions of
this ordinance, and such arms and instruments or ammunition
inay be seized and confiscated .
Every person found carrying or having in his possession any Penalty.
arms or instruments or ammunition as aforesaid, except such as
in respect to their nature and quantity, and having regard to
his profession, occupation , and station in life, may reasonably
be expected in the opinion of the Magistrate to be in his pos
session, contrary to the provisions of this ordinance, shall be
liable on summary conviction before a Magistrate to a fine not
exceeding two hundred dollars, or to imprisonment with or
without bard labour, for a period not exceeding six months, or
to both .
9. All persons remaining unlawfully, riotously , or tumult- Offences
uously assembled after having been warned by a Justice of the against, sec
Peace under section 7 , and all persons found carrying arms and 8.
contrary to the provisions of section 8 in either case during the
existence of any proclamation under section 5 , shall be liable
to whipping, in place of or in addition to any other penalty Whipping.
prescribed by this ordinance.
S28 [ 15 OF 1886. ] PEACE PRESERVATION .
What whip
Such whipping shall be inflicted with a rattan not exceeding
pinicmay be half-an-inch in diameter, and shall not exceed thirty strokes.
inflicted.
Powerto enter
houses and to
10. During the continuance of any proclamation under this
arrest, ordinance, any Justice of the Peace, may enter with or without
assistance, or may order any officer or constable of police, or
special constable, or other person to enter without a warrant
and with or without assistance, using force in either case if
necessary , into any dwelling house or other building, or into
any place in which he may have reasonable cause to suspect
that persons lately riotously assembled or engaged on any in
lawful purpose, have made their escape, or in which he may
have reasonable cause to suspect that persons abont to break
the peace are assembled, and may apprehend and take into 1
custody the said persons, and every person so arrested may be
detained until he can be conveniently brought before a Magis
trate to be dealt with according to law .
Combination
11. Any person during the continuance of any proclamation
to stop trade. under this ordinance , unlawfully combining to procure a stop
page of the sale or transit from place to place of provisions or
other articles, or unlawfully combining to procureshopkeepers,
dealers , or other persons to discontinue the sale or transit from
place to place of provisions or other articles, or preventing or
endeavouring to prevent any person from purchasing or from
being supplied with any such articles, shall, on summary
conviction thereof before a Magistrate be liable to imprisonment
with or without hard labour for any term not exceeding three
months, or to a fine not exceeding fifty dollars, or to both.
PART III.
Banishment.
Inforniation .
12. Whenever during the existence of any proclamation
under this ordinance, it shall be represented by the Captain
Superintendent of Police to the Governor in Council , on written
information, that the removal from the Colony of any person
not a natural born subject of Her Majesty, wbether such person
shall have been naturalized under the provisions of any Colonial
ordinance or not , is necessary for the public safety, it shall be
lawful for the Governor in Council, if it shall appear to him
after making such enquiry as to him may seem sufficient, to be
necessary for the public safety that such person should be
Banishment. banished from the Colony , to issue an order banishing such
person from the Colony, in such manner as to the Governor in
Council may seem expedient; and the Governormay take such
steps as may be necessary for carrying into effect the said order
of banishment in the manner prescribed ; and any person so
PEACE PRESERVATION. [ 15 of 1886 . S :29
ordered to be banished may be detained by order of theGovernor, Punishment.
in any place, or on board any ship in the waters of the Colony,
pending the carrying into effect of the order of banishment, and
if he shall be found in the Colony after the time fixed for his
departure in the order of banishinent, which shall in no case
be less than seven days from the date of the order, he may be
arrested without warrant by any Justice of the Peace or officer
or constable of Police and shall, on being brought before a
Magistrate be liable to a fine not exceeding five hundred dollars,
and shall be liable to be detained in such prison or place on
shore, or on board such ship, in the Colony, as the Governor
may appoint, until his banishment from the Colony can again Banishment.
be carried out in the manner hereinbefore provided ; and if it
shall appear that any person so ordered to be banished is a
naturalized British subject as aforesaid , the order of banisbment
shall further declare the status of naturalization of snch person naturaliza
Status of
to be suspended ; such suspension being subject to confirmation tion .
or disallowance by Her Majesty, through one of Her Majesty's
Principal Secretaries of State, and such confirmation or dis
allowance of such order shall be published in the Government
Gazette of the Colony.
Every order of banislument madle under this ordinance shall Report to
Secretary of
be forth with reported by the Governor to Her Majesty's Principal States
Secretary of State for the Colonies.
The provisions of this section shall not be construel to limit
any powers in relation to banishment conferred on the Governor
in Council under Ordinance 8 of 1882 .
13. No person acting in good faith under the provisions of Indemnity.
this ordinance shall be liable in damages or otherwise for any
act done by himn in pursuance ofthe obligation and duty imposeit
or reasonably supposed to be imposed on him by this ordinance.
Schedule ( A. )
SUMMONS.
To
WHEREAS His Excelleney the Governor has althorized the appointment
of special constables in this Colony, and whereas you are appointed to be a
special constable in this Colony.
These are therefore to require you to attend at the Police Court in this
Colony ( instanter, or at o'clock on instant), there * ( * tobe]
enrolled as a special constable, wier Ordinance No. of 18 and
herein fail not.
Given at this day of 188
Magistrate.
830 [ 15 OF 1886 . PEACE PRESERVATION .
( 16 of 1886. ) STAMPS .
Schedule ( B )
WARRANT .
To
Captain Superintendent of Police, and all Police officers.
WHEREAS His Excellency the Governor has authorized the appointment
of special constables in this Colony, and whereas A B has been appointed to
be a special constable in this Colony.
These are therefore to require you to bring before a Police Magistrate, in
this Colony, the said A B ( instanter) there to be enrolled as a special
constable, under Ordinance No. of 18
Given this day of 188
Magistrate.
1
Note . - Parts II & III were brought into force by proclamation under
section 5 of the 26th April, 1888, see Gazette of same date: 1
which proclamation was cancelled in Government notification of 1
2nd June, 1888. See Gazette of the same date.
* The notification erroneously refers to the proclamation published
in Gazette of the 26th ultimo, i. e. Jay.
No. 16 OF 1886.
An Ordinance entitled The Stamp Ordinance 1886 .
[ 21st May, 1886.]
* *
Definitions, 1. In the construction of this ordinance the term Collector
shall include the person for the time being appointed by the
Governor to have the control and management of the Stamp
Office.
1
Document. Document shall mean any deed , instrument, or writing what
ever . .
1
Material. Material shall mean paper or parchment .
Erecution .
Executed and execution, with reference to documents not under
seal shall mean signed and signature respectively.
Officers
continued .
2. The present Collector and all other officers of the Stamp
Office. Office are hereby continued in their offices . There shall be one
Subsidiary
offices.
general Stamp Office for the Colony, and such subsidiary stamp
offices as the Governor may from time to time in his discretion
appoint.
Staff, 3. The Governor may from time to time appoint and remove
a chief officer who shall have the control and management of
the Stamp Office, and such other officers as may from time to
time be required to carry on the business of the Stamp Office.
STAMPS . ( 16 of 1886.] 831
4. For every document executed after the coming into force Daty payable
of this ordinance of any of the kinds specified by the schedule under sche
as requiring stamps, there shall be payable to government a
stamp duty of the amount indicated in the said schedule to be
proper for such document.
Every provision contained in the said schedule shall be of
the same force as if it were contained in the body of this ordi
nance .
5. The Governor in Council may from time to time make Governor in
and when made, revoke, add to or alterrules, fixing lower rates Cover ormay
of duty than those specified in the schedule , or exempting froin abolish duties.
duty any of the documents mentioned , in the schedule, and rules.
May make
prescribing the form , size , and material of the stamps to be used,
and the mode and place of impressing, affixing, or denoting
thereupon the value of the same under the provisions of this
ordinance, and the manner of writing upon or filling up such
stamps, and authorising or prohibiting the use of adhesive
stamps for any documents required to bear stamps, and generally
for the execution of this ordinance.
Penalties.
6. Every person who commits any of the following offences Penalties for
shall, on summary conviction thereof before a Magistrate, be 100-stamp
ing, &c .
liable to a penalty not exceeding one hundred dollars, that is
to say :
1. Drawing; accepting, issuing, endorsing, negociating,
paying, or receiving payment of any bill of exchange,
promissory note, or other similar instrument, or mak
ing, executing, or signing (except as hereinafter
provided ) any document enumerated in the schedule
on unstamped or insufficiently stamped material.
2. Delivery out of his hands, custody, or power of any
document upon which an adhesive stamp has been
affixed under this ordinance without cancelling the
said stamp so that it cannot be used again.
3. Any breach of this ordinance not specially provided for.
7. Every person who commits any of the following offences Penalties for
shall , on summary conviction thereof before a Magistrate, be frauls.
liable to a penalty not exceeding five hundred dollars, that is to
say :
1. Drawing any bill of exchange purporting to be drawn
in a set of two or more without drawing on duly
stamped material the whole number ofbills constituting
such set .
832 [ 16 of 1886. ) STAMPS .
2. Knowingly and wilfully executing any documentcharged
under the schedule with ad valorem duty, in which the
consideration money or amount involved is not truly
expressed and set forth , with intent to avoid full
payment of stamp duty, or knowingly and wilfully
inserting or setting forth or procuring to be inserted
or set forth in such document a less annount than the
full and true consideration money or amount involved .
Execution out of the Colony.
Execution out 8. All documents whatever executed out of the Colony shall,
of Colony.
when brought into force or registered within the Colony, be
liable to the same rates of stamp duty as if they had been
executed within the Colony.
Reception in evidence.
Unstamped 9. Except as otherwise provided by this ordinance, no
documents
not received document liable to stamp duty under this ordinance shall be
in evidence.
received as creating, transferring, or extinguishing any right or
obligation , or as evidence in any civil proceeding in any Court
of Justice in the Colony , or shall be acted upon, registered, or
authenticated in any such Court or public or otlier office or by
any public officer unless such document be stamped according
to this ordinance or in accordance with the law in force in the
Colony at the time it was executed .
Stamping after execution .
Powers of
Court . 10. Any Civil Court may direct the Collector to stamp and
receive the duty and penalty, if any, upon any document which
may be stamped after execution under this ordinance. Such
duty and penalty shall be paid into Court, and shall be remitted 1
to the Collector with the document to be stamped after the
document has been admitted in evidence.
Powers of
Collector.
The Collector of stamp duty may stamp documents after
execution in cases where he shall be satisfied that the omission
or neglect to stamp or to stamp sufficiently did not arise from
any intention to evade payment to stamp duty or otherwise to
defraud, subject to the following rules:
1. Transfers of shares shall not be stamped until the
numbers of the shares and the consideration money
are entered , when they may be stamped before execu
[ * query 36. ) tion subject to the provisions of article 35 * of the
schedule .
2. Documents executed out of the Colony shall be stamped
when they are received in the Colony, if they have not
been previously stamped according to this ordinance.
3. Bills of exchange and promissory notes executed in the
Colony shall not be stamped after exccution .
STAMPS . [ 16 OF 1886. ] 833
4. In all other cases of stamping after execution there shall
be charged as a penalty , if within one month of
execution double, if within two months ten times , if
after two months twenty times the deficient duty.
5. If the Collector be satisfied that the omission or neglect
to stamp arose solely from urgent necessity or unavoid
able accident, he shall reinit the penalty prescribed by
this section . He may require sworn or other evidence
as to the circumstances at his discretion .
Adjudication .
11. Whenever any person is in doubt respecting the proper Adjudication .
amount of stamp duty payable upon any document, he may
apply to the Collector for an adjudication on such document, at
the same time depositing a fee of one dollar, whereon the
Collector shall determine the amount of duty to which such
document is liable, and on payment thereof shall impress the
document with stamps to that amount, also with an additional
stamp denoting that the adjudication fee has been paid.
If the Collector is of opinion that the document is not
chargeable with any duty he may stamp such document with a
particular stamp denoting that it is not chargeable with any
duty, or may make an entry to that effect on such document,
in addition to which he shall impress it with the adjudication
fee stamp .
Any document bearing the said adjudication fee stamp shall
be received in evidence in any Court or registered by any public
officer as properly stamped, and sball be regarded as properly
stamped for any purpose whatever.
Spoiled Stamps.
12. Whenever material bearing an impressed stamp has Spoiled
become damaged, spoiled , or unfit for use, the Collector, on its stampsmay
be allowed.
delivery to him , may supply the owner of such spoiled material
with stamps of equal value to those originally impressed, subject
to the following rules :
1. In the case of unexecuted documents spoiled by error
in the writing, defaced by accident, or rendered useless
by unforeseen circumstances before completion , such
allowance may be made within six months of spoiling.
2. In the case of executed documents found unfitted for
the purpose originally intended by errors therein, or
the execution of which cannot be completely carried
out by reason of the death or refusal to sign of any
person or other unforeseen circumstance, or in the
case of bills of exchange or promissory notes no part
of which has been delivered to the payee ,, such allow
ance may be made within six months of signature.
834 ( 16 OF 1886. ] STAMPS .
Miscellaneous.
Denoting 13. When the duty with which an instrument is chargeable
stamp.
( 33 and 34
Vict, c . 97
depends in any manner upon the duty paid upon another
sect, 14. ) instrument,the payment of such last- inentioned duty shall, if
application be made to the Collector for that purpose, and on
production of both the instruments, be denoted in such manner
as the Collector thinks fit upon such first-mentioned instrument.
Cost of
stamps. 14. The expense of the stamp for any bill of exchange or
promissory note shall be borne by the person drawing or making
or negociating the same . The expense of any receipt stamp
shall be borne by the person receiving payment.
Collector's
acts revised
15. All decisions, orders, or acts of the Collector may be
by Governor. reversed or modified by the Governor. And whenever any
person shall suppose any decision of the Collector with reference
suppose any
to any document tendered by such person to be stamped , to be
erroneous, it shall be lawful for such person to make application
to the Supreme Court in its Summary Jurisdiction , and such
Court , having beard such person and the Collector or his deputy,
Appeal from may order the payment of the duty in dispute, or may make
Collector.
such other order as may be necessary under the circumstances.
Refund of
16. The Governor may order a refund by Treasury warrant
probate duty. of the whole or any portion of any probate duty which may
have been paid to the Collector, for the refund of which any
equitable claim shall be proved to his satisfaction, on the ground
of payment of probate duty on the same estate elsewhere,assign
ment or diminution of value of the estate, discharge of debts,
or other reasonable cause .
1
Government
not responsi. 17. The Government shall not be responsible for the loss of
ble for loss of or for damage to any document tendered for stamping, whilst
at damage to in the custody of the Collector, nor shall any officer of the
document
Stamp Office be responsible for such loss or damage, unless he
shall have caused it wilfully, fraudulently, or by gross negligence.
Offences.
Forging 18. Every person who forges, alters, or imitates, or assists
stamps, &c.
in forging, altering or imitating any stamp used for the purposes
of this ordinance shall be guilty offelony. Any stamp impressed
in the Stamp Office by any person without the authority of the
Collector, and not accounted for to him shall be held to be
forged within the meanings of this notice.
Uttering, and 19. Every person who uses, utters, disposes of, puts off, or
possession.
without lawful excuse is in possession of any forged, altered ,
or imitated stamp as aforesaid, knowing the same to be forged ,
altered, or imitated, shall be guilty of felony, and such stamp
or stamps shall be forfeited to the Crown.
Removing
marks, and
20. Every person who fraudulently removes an adhesive
possession , stamp from any document, or wilfully removes or attempts to
STAMPS .
[ 16 of 1886. ] 835
remove from any adlıesive stamp any mark that has been made
thereon by way ofcancellation, or knowingly uses, puts off, or
is in possession of any adliesive stamp from which any such
mark has been wholly or partially removed, shall be guilty of a
iisdemeanor.
21. Every person who is convicted of any felony under this Penalties.
ordinance shall be liable, at the discretion of the Court, to be
kept in penal servitude* for any terın not exceeding seven years 1887.
4* ]9.10 of
and not less than three years, or to be imprisoned for any term
not exceeding two years with or without hard labour. And
every person who is convicted of any misdemeanor under this
ordinance shall be liable, at the discretion of the Court, to be
imprisoned for any term not exceeding two years with or with
out hard labour.
Procedure.
22. It shall be lawful for all Courts and Magistrates, and Impounding
for the Collector, and for all persons employed for the sale and unstamped.
distribution of stamps, and they are hereby required to take
possession of any docuraent as to which any breach of the laws
relating to stamp duties may appear to have been committed,
and to deliver the same to the Collector to be used in prosecut
ing the offender.
23. No person shall be proceeded against under section 6 or Limit of
7 of this ordinance except within two years from the date of prosecutions,
the offence nor without the consent of the Attorney General .
* *
*
25. This ordinance shall come into force on a day to be fixed clause
Suspending
.
by proclamation by the Governor.
SCHEDULE
of the proper stamps for such documents as require to be stamped
under this ordinance.
NOTE . - A document containing or relating to several distinct matters is to
be separately and distinctly charged with duty in respect of each
of such matters. Any document liable to stamp duty under more
than one article of this schedule shall be charged under that
article which imposes the highest duty.
1. Adjudication as to the amount of 1 $1.
stamp duty to be levied on any document, I
2. Agreement, or any memorandum of
an agreement, under hand only, and not other
wise specially charged with any duty, whether 50 cents.
the same be only evidence of a contract or
obligatory on the parties from its being a
written instrument, ....
Note . - Agreements as to letting or tenancy are in all cases chargeable as
leases. See articles 22 and 24.
836 [ 16 of 1886. ] STAMPS .
Agreement or contract accompanied
with the deposit of title deeds to any im See Mortgage, 26.
movable property or for securing the payment
or re -payment of any money or stock,
Exemptions. - Label, slip, or memorandum containing the heads
of any insurance to be effected by means of a duly stamped policy
or risk note .
Memorandum , letter, or agreement made for or relating to the
sale of any goods, wares, or merchandise, or to the sale of any
shares in any public company, not being a broker's note or document
giren by a broker.
Seaman's advance note, or memorandum , or agreement made
between the master and mariners of any ship for wages.
Emigration Contract.
Passuge Ticket.
3. Arbitration Award, ... $1 .
4. Articles of Clerkship , or contract
whereby any person shall first become bound $ 50.
to serve as a clerk in order to his admission
as an attorney or solicitor,
Assignment, by way of security, or of See Mortgage, 26.
any security,
Upon a sale, See Conveyance, 14.
5. Attested Copy of any document
chargeable with stamp duty under this sche $1.
dule , ....
Average Statement, See Bond, 10.
6. Bank Cheque payable on demand to 2 cents .
any person, to bearer, or order,
Two -thirds per cent, per
annum on the average
value of such notes in
circulation . To be col
lected monthly on a
statement thereof to be
7. Bank Notes, or other obligations for furnished by each banker
the payment of money issued by any banker or banking company to
or banking company in the Colony for local the Collector of Stamp
circulation and payable to bearer on de Revenue at the end of
mand,
each month , and to be
signed by the banker,
or manager , or agent,
and accountant of such
banker or banking
company.
8. Bill of Exchange drawn out of but
payable on demand within the Colony, not 2 cents ,
being a cheque, and bearing the date on
which it was made,
STAMPS . [ 16 of 1886. ) 837
Bill of Exchange of any other kind whatsoever except a cheque or
bank note and Promissory Note of any kind whatsoever except a bank
note .
From 00 to $ 10, ......... Free .
10 1 50 ,.... .2 cents.
2
50 250 , .5
250 500 , .10
> 500 $ 1,000 , .20
1,000 $ 2,000 , .50
2,000 $ 3,000 , $ 1.00
$ 3,000 > $ 5,000 ,
....... $ 1.50
$ 5,000 , $ 10,000 ,. $ 2.00
$ 10,000 ,, $ 15,000, ........ $ 3.00
Every $ 5,000 additional or part thereof, ...... $0.50
Note 1.-A bill of exchange for exactly $50 is to be charged 2 cents,
and so throughout the table .
Note 2. - When bills of exchange or other such documents are drawn
in sets of two or more, half the above duties to be charged
on each part of a set . If the duty be 5 cents the first part
of the set shall be charged 3 cents, and the other parts 2
cents each . [ See Order in Council 7th April, 1887 infra.]
Note 3.- In the case of bills in sets drawn out of the Colony, the whole
duty shall be payable on that part of the set which is first
presented for payment or acceptance, or is first otherwise
negotiated , the other parts of the set being free.
9. Bill of Lading, or ship's receipt where
bills of lading are not used , for each part of 10 cents .
every set, |
Exemption.— Bill of Lading for goods shipped by any
Government Officer on account of Government.
10. Bond , or other obligation concerning
Respondentia and Bottomry, and 10 cents for every $ 100 or
average statement, or bond where no statement part thereof.
is drawn up .........
Bond for securing the payment or repay
ment of money not otherwise provided for, or
for the transfer or re - transfer of stock , or See Mortgage, 26 .
accompanying the deposit of title deeds to any
immovable property ,
See also Articles 4, 20, 21 ,
Bond, .... 33 .
11. Broker's Note, or any document
having reference to the sale or purchase of 50 cents .
any merchandise, given by any broker,.........
12. Charter Party, or any agreement
or contract for the charter or hiring of any sea 10 cents for every $ 100 or
going ship or vessel, to be charged on the part thereof,
estimated freight,
838 [ 16 OF 1886. ) STAMPS .
13. Copy Charter.
Vessel under 200 tons, each copy.......... $1.
over 200 99 $2.
Collateral Security , See Mortgage, 26.
Contract, See Agreement, 2 .
14. Conveyance or assignment on sale,
to be levied on the amount or value of the
consideration money , such consideration money
to include any sum payable by the purchaser 30 cents for every $ 100 or
in respect of any mortgage or other debt part thereof.
remaining upon the property purchased , or
released by such purchaser to the vendor.
( See also Article 17 ),........
Exemption.- Transfer by mere endorsement of a duly stamped
bill of exchange, promissory note or other negotiable instrument,
or of a bill of lading. Bill of sale for Chinese Junk.
15. Copartnership, Deed or other instru $2 .
ment of,
16. Declaration of Trust, $ 10.
( See order in
Council sth 17. Deed or other instrument of Gift,
October , 1886.] assignment, or exchange, where no money con $ 25.
sideration, or a merely nominal money con
sideration passes ,
Deposit of Title Deeds, See Mortgage, 26 .
18. Duplicate or counterpart of any do 1
cument chargeable with duty under this sche
dule, to be aflixed on the production of the
original document bearing its proper stamp,
and not otherwise. If the original duty is
Under $ 1 , Same duty.
From $ 1 to $ 10 , $1.
$ 10 $ 20 , $2.
Over $ 20 , $ 3.
Note. — The duplicate or counterpart of any instrument chargeable with
duty is not to be deemed duly stamped unless it appears by
some entry made by the Collector or by some stamp impressed
thereon that the full and proper duty has been paid upon the
original instrument of which it is a duplicate or counterpart or
unless it is stamped as an original instrument.
p * See Ordinance * 19. Emigration Fees , under the Emi
Schedule (I) ,11.) gration Consolidation Ordinance, 1874 ,
Application for a certificate,
a $1.
Certificate,
STAMPS .
( 16 of 1886. ) 839
Equitable charge, See Mortgage, 26.
20. Foreign Attachment Bond, in $ 1 for every $ 100 or part
the Supreme Court, either Jurisdiction , ...... thereof.
Guarantee , See Agreement, 2 .
21. Every Instrument in writing under
seal, not otherwise specially charged with $ 10 .
duty under this schedule,
Note.— The impressions of Chinese names,
shop names, or trading names , commonly called
chops shall not be taken to be seals within
the meaning of this article.
22. Lease or agreement for a lease, made
for a term of years, or for a period determin
able with one or more life or lives or otherwise 30 cents for every $ 100 or
contingent, in consideration of a sum of money part thereof.
paid in the way of premium , fine, or the like,
if without rent,
23. Lease executed in pursuance of a July $1.
stamped agreement for the same,
24. Lease or agreement for a lease of
any land, house, building or tenement, at
a rent, without payment of any sum of money
by way of fine or premium , to be levied on the
Annual Rent, for a term not exceeding
One vear, 10 cents .
Three years , 25 For every $ 100
Thirty years, 50 or part thereof.
Exceeding thirty years , 75
Note.- When both rent is paid and there is a fine or premium , the duty is to
be the total of that due under both articles 22 & 24 .
Exemption .-- All rentals under $ 50 per annum .
25. Letter or other instrument of Hypo Referring to particular pro
thecation accompanying deposit of docu perty , $ 1 .
ments of title to any moveable property, or bond, Duplicate, 10 cents .
or other instrument of guarantee in respect of General, $ 2 .
such property or documents of title,
Sce Agreement, 2 .
Letter of Guarantee ,
26. Mortgage , or agreement for a mort
gage, boud, debenture, covenant, warrant of
attorney to confess and enter up judgment,
and foreign security of any kind not specially
charged with duty under this schedule, to be
levied on the amount or value of the principal
sum secured .
840
[ 16 OF 1886. ) STAMPS .
(i.) Being the only, or principal, or primary 10 cents for every $ 100 or
security, and also where any further money is part thereof.
added to the money already secured , .....
(ii.) Being a collateral or auxiliary or addi
tional or substituted security, other than a
mortgage executed pursuant to a duly stamped
agreement for the same, or by way of further
assurance for the above-mentioned purpose
where the principal or primary security is duly
stamped, and for every extension of the time
of an original mortgage endorsed on such 5 cents for every $ 100 or
mortgage, part thereof.
(iii .) Transfer, assignment, disposition or
assignation of any mortgage, bond , debenture,
covenant, or foreign socurity , or of any money
or stock secured by any such instrument, or
by any warrant of attorney to enter up judg
ment, or by any judgment; to be levied on
the amount transferred,
(iv.) Re-assignment, release, discharge, sur
render, resurrender, warrant to vacate , or re 1 cent for every $ 100 or
nunciation of any such security as aforesaid , part thereof .
or of the benefit thereof, or of the money
thereby secured ,
( v.) Mortgage executed in pursuance of a $1.
duly stamped agreement for the same,
27. Any Notarial Act whatsoever not $1.
otherwise charged with duty in this schedule,
28. Note of Protest by any commander
or master of a vessel , or with regard to any 25 cents .
promissory note or bill of exchange, ....
29. Policy or risk note of marine, fire,
life or other insurance, for each copy, and 10 cents ,
every renewal,........
30. Power of Attorney, $2.
31. Probate , or letters of administra- )
tion , with or without the will annexed , to be
calculated upon the value of the estate and
effects for or in respect of which such pro $ 1 for erery $ 100 or part
bate or letters of administration shall be thereof.
granted , exclusive of what the deceased shall
have been possessed of or entitled to as a
trustee for any other person or persons and
not beneficially,
Exemption. - Administration Bonds and Estate under $ 250.
STAMPS . [ 16 of 1886. ] 841
Reassignment. Sce Mortgage, 26.
1
32. Receipt or discharge given for the pay
ment of money, or in acquittal of a debt paid 2 cents . ( Regul. 141h
in money or otherwise, when the sum received , March 1891 ,
(Gaz, 21st.) )
discharged or acquitted exceeds $ 10 .....
Exemptions. - Letter acknowledging the arrival of a currency
or promissory note, bill of exchange, or any security for money,
receipt or debit note for the premium on a duly stamped policy
of insurance. Receipts for pay and allowance of personsin the (No. 14 of 1880.)
service of Imperial or Colonial Government whether Civil Naval
or Military.
33. Servant's Security Bond . - Any
instrument in writing under seal by which any
domestic or other servant or clerk or compradore
shall give security for the due discharge of his
duties, or of the duties of other persons to be
employed by him, or for the safe custody of
money or property to be entrusted to him , or The same duty as a mort
for the proper carrying on of business to be gage see Article 26, i . &
conducted by him , or for the discharge of his ii .
responsibilities arising from such business,
whether such security shall be given by the
binding of other persons, or by the deposit of
money or valuable property or by deposit of
the title deeds to any property or by any assign
ment,
34. Settlement. - Any instrument, whe
ther voluntary or upon any good or valuable
consideration , other than a bona fide pecuniary 30 cents for every $ 100
consideration , whereby any definite and certain or part thereof of the
principal sum of money (whether charged or amount or value of the
chargeable on lands or not, or to be laid out property settled oragreed
in the purchase of lands or not ) or any definite to be settled .
and certain amount of stock, or any security,
is settled or agreed to be settled in any manner
whatsoever,
Exemption.- Instrument of appointment relating to any pro
perty in favour ofpersons especially named or described as the
objects of a power of appointment created by a previous settlement
stamped with ad valorem duty in resprct of the same property,
or by will, where probate duty has been paid in respect of the
same property as personal estate of the testator.
35. Settlement executed in pursuance of $1 .
a duly stamped agreement for the same,
36. Transfer of Shares, or stock in
any public company to be computed on the
market value of such shares on the day of 10 cents for every $ 100 or
stamping, which, if doubt arises, the Collector part thereof.
shall decide subject to section 15 of this ordi
nance.
842 [ 16 OF 1886 . STAMP’S .
( ii . ) Transfer for a nominal amount, to be $1 .
approved by the Collector , ..
Exemption . - Scrip certificate.
GENERAL EXEMPTIONS.
Any document made or executed by or on behalf of Her Majesty or
of any department of Her Majesty's service, or whereby any property or
interest is transferred to, or any contract of any kind whatsoever is made with
Her Majesty or any person for or on behalf of Her Majesty or any such
department as aforesaid .
But this exemption does not extend to any document executed by the
Registrar of the Supreme Court as Official Administrator or by a receiver
appointed by any Court, or to any document rendered necessary by any
ordinance or by the order of any Court ; neither does it cxtend to a sale
made for the recorery of an arrear of revenue or rent, or in satisfaction of
a decree or order of Court, in any of which cases the purchaser shall be
required
ch mo
to pay the amount of the requisite stamp in addition to the pur
ase ney
[ In force from 1st June, 1886 ; Proclamation 22nd May, 1886. ]
Orider made by the Governor in Council the 4th day of June,
gazetted the 5th June, 1886.
It is hereby ordered as follows :
1. The adhesive stamps to be used under the above -mentioned ordinance
shall be of the following values :
1 Cent. 25 cents.
2 Cents. 30
3 50
5 $ 1.00
10 $ 1.50
12 $ 10.00
2. The impressed stamps shall be of the following values :
1 cent. 20 cents . $ 1.25 . $ 4.50 . $ 10,50.
2 cents . 25 $ 1.50. $ 5.00 . $ 20.00.
3 30 $ 2.00. $ 6.00 . $ 25.00 ,
5 50 $ 2.50 . $ 6.50 , $ 40.00 .
10 755 $ 3.00 . $ 8.50 . $ 50.00 ,
15 $ 1.00 . $ 1.00 . $ 10.00 . $ 100.00
and a stamp bearing the words Adjudication fee paid .
3. The above stamps shall be of the form , size, and design of the specimen
stamps enclosed in a case for public inspection at the Stamp Office.
4. Adhesive stamps may be used for the following classes of documents ,
and for no others :
Bills of exchange drawn out of the Colony,
Cheques,
Renewals of policies of insurance,
Receipts,
but impressed stamps may be used for any of the above documents.
STAMPS . [ 16 OF 1886. ] 843
5. No bills of exchange in sets shall be stamped in which the words First
and Second, or First, Second, and Third are left blank, nor in which the
words Second of the same tenor and date being unpaid, or the like, are wholly
or partly left blank .
6. Every promissory note in the Chinese language shall bear an impressed
stamp of the value required by the schedule , which impressed stamp shall be
placed on the upper edge of a printed bordersimilar to the specimens enclosed
in a case for public inspection at the Stamp Office. All the writing of such
note must be within the said border, which is to be taken as part of the
impressed stamp required for such promissory note.
7. The size or shape of such border, and the devices or characters accom
panying it, may be varied from time to time at the discretion of the Collector.
Order made by the Governor in Council under section 5 of the 8th
October, gazetted the 9th October, 1886.
His Excellency the Officer Administering the Government is pleased to
order that the duty charged under article 17 of the schedule to Ordinance 16
of 1886, on a deed of assigument where no money consideration or a merely
nominal money consideration passes shall be $ 10 in cases where such deed of
assignment is merely confirmatory of an assignment of which the full convey .
ance duty has been paid.
The Collector of Stamp Revenue shall, unless the two deeds referred to in
the foregoing paragraph are comprised in one and the same document, denote
by an entry under his hand made upon the deed stamped with the $ 10 duty,
that the full conveyance duty (if more than $ 10 ) has been paid upon the
other.
Order made by the Governor in Council under section 5 of the 7th April,
gazetted the 9th April, 1887.
The Governor in Council is pleased to order that the duty charged under
article 8 of the schedule to Ordinance 16 of 1886 on a bill of exchange drawn
out of and payable on demand out of the Colony, when such bill of exchange
is negotiated within the Colony, shall be two cents.
Rules made by the Governor in Council under section 5 of the
14th March , gazetted the 21st March, 1891.
1. Postage stamps of the value of two cents may be used in lieu of
revenue stamps of the same value.
2. On and after the 1st day of July, 1891 , the value of the stamp required
for receipts, & c., under item No. 32 of the schedule to Ordinance No. 16 of
1886, shall be two cents instead of three cents as at present.
844 [ 18 of 1886. ] BOARD OF SHIP LIQUOR SALE .
No. 18 or 1886.
An Ordinance entitled An Ordinance to prevent the sale
or conveyance on board Ship of any Spirituous or Fer
mented Liquor, and to prohibit the hovering near or about
Ships ofanypersons in boatsfor the purpose of selling or
taking on board Ship ofsuch liquor .
[30th November, 1886. ]
** *
Short title . 1. This ordinance may be cited for all purposes as The Board
of Ship Liquor Sale Ordinance, 1856.
Interpreta 2. In this ordinance unless the context indicates the contrary :
tion .
Ship shall mean any of Her Majesty's ships or vessels, and
any description of vessel used in navigation not propelled by
oars, but shall not include Chinese junks or lorchas not propelled
by steam .
Conveying 3. It shall not be lawful for any person to bring on board
liquors.
any ship any spirituous or fermented liquor of any description,
without the previous consent of the officer commanding or the
master of the ship on board of which the same may be brought;
and it shall be lawful for any officer in Her Majesty's Service,
any master of any ship or warrant or petty officer of the Navy or
non -commissioned officer of Marines with or without seamen or
persons under his command or orders to search any boat hovering
about or approaching or which may have hovered about or
approached any ship and if any spirituous or fermented liquor
be found on board such boat to seize such spirituous or fermented
liquor, and the same shall be forfeited to Her Majesty ; and if
any person shall bring any spirituous or fermented liquor on
board any ship without such previous consent aforesaid, or shall
approach or hover about any ship for the purpose of bringing
any spirituous or fermented liquor on board the same, without
.
such previous consent, or for the purpose of giving or selling,
without such previous consent, spirituous or fermented liquor
to men in Her Majesty's Service or on board of any ship , every
such person shall, upon a summary conviction thereof before àa
Magistrate forfeit and pay any sum not exceeding fifty dollars
for every such act or offence ; and it shall be lawful for any
officer in Her Majesty's Service or any master of any ship or
any such warrant or petty officer, or non - commissioned officer
as aforesaid , or for any constable, with or without any warrant
or other process , to apprehend or cause to be apprehended any
such offender or person so acting and to bring him or cause him
to be brought before a Magistrate for the purpose of having the
offender summarily convicted of the same.
8.15
REFORMATORY SCHOOLS . [ 19 of 1886. ]
No. 19 OF 1886 .
An Ordinance entitled The Reformatory Schools Ordi- ment Amend
[See Ord .
nance, 1886 . No. 10 of
1889. ]
[21st May, 1886.]
*
1. This ordinance may be cited as The Reformatory Schools Title.
Ordinance, 1886.
2. In this ordinance the word Manager shall include any
person or persons having the management or control of any
school to which this ordinance applies .
Certified Reformatory Schools.
3. The Governor may, upon the application of the managers Mode of
of any school for the better training of youthful offenders, direct certifying
reformatory
the Superintendent of Victoria Gaol to examine into the condi- [schools.
29 & 30 V. c.
tion and regulations of the school, and to report to him thereon; 117, s. 4.)
and if satisfied with such report, the Governor may, by writing [ See Govern
Notification
under his hand, certify that such school is fitted for the reception ment
of such youthful offenders as may be sent there in pursuance No. 404,
Gazette 16th
of this ordinance and the same shall be deemed a certified October
reformatory school. 1986.]
4. Every certified reformatory school shall from timeto time, Inspection of
and at least once in every year, be visited by the said Superin- schools.
certificates
tendent or by any two Justices of the Peace appointed for that may be. with
purpose by the Governor, and the Governor if dissatisfied with (29px?30 V.c.
the condition of such school as reported to him , may withdraw 117, s. 5.]
the certificate, and may, by notice under his hand addressed
and sent to the managers of such school, declare that the certifi
cate is withdrawn as from a time specified in the notice, being
not less than six months after the date of the notice.
5. The managers of any certified reformatory school may Resignation
upon giving six months' and the executors or adăinistrators of by
of managers.
certificate
a deceased manager ( if only one ) of any certified reformatory (29 & 30 v.c.
school may, upon giving one month's previous notice in writing 117, s.7.]
of their intention so to do, resign the certificate given to such
school; and accordingly at the expiration of six months or one
month ( as the case may be ) from the date of the notice ( unless
before that time the notice is withdrawn), the certificate shall
be deemed to be resigned .
6. The managers of any certified reformatory school may Liabilities of
decline to receive any youthful offender proposed to be sent managers
to youthfulas
to them under this ordinance, but when they have once received offenders
him they shall be deemed to have undertaken to educate, clothe, reformatory
lodge , and feed hiin during the whole period for which he is schools.
(29 & 30 V. c.
liable to be detained in the school , or until the withdrawal or 117, s.8.]
846 [ 19 of 1886. ] REFORMATORY SCHOOLS .
resignation of the certificate takes effect, or until the contribution
out of money provided by the Colony towards the custody and
maintenance of the offenders detained in the school is discontin
ued , whichever shall first happen.
Nothing in this ordinance shall be deemed to limnit, or
interfere with the right of any manager of a certified reforma
tory school to receive into such school other inmates than those
sentenced under this ordinance to be detained therein .
Effect of
withdrawal 7. Whenever the certificate is withdrawn from or resigned
of certificato. by the managers of a reformatory school, no youthful offender
[29 and 30 V. shall be received into such school after the date of the receipt
č . 117 , s . 9. )
by the managers of the school of the notice of withdrawal, or
after the date of the notice of resignation ( as the case may be ) ;
but the obligation of the managers to educate, clothe, lodge and
feed any youthful offenders in the school at the respective dates
aforesaid shall, excepting so far as the Governor may otherwise
direct, be deemed to continue until the withdrawal or resigna
tion of the certificate takes effect, or until the contribution out
of money provided by the Colony towards the custody and
maintenance of the offenders detained in the school is dis
continued, whichever shall first happen.
Disposal of
inmates on
8. When the withdrawalor resignation of the certificate of
withdrawal a reformatory school takes effect, the youthful offenders detained
or resignation therein shall be, by the order of the Governor either discharged
of certificate .
[ 29 & 30 V. or transferred to some other certified reformatory school.
c. 117 , s. 10. ]
Publication
of grant , with.
9. A notice of the grant of any certificate to a reformatory
drawal or school, or of the withdrawal or resignation of such a certificate,
resignation of shall within one month be advertised by order of the Governor
(29 & 30 v.c. in the Hongkong Government Gazette .
V.
117, s. 11. ]
Power to 10. The managers of
make rules, any certified reformatory school may
& c. from time to time make necessary rules for the management
(29 &s. 3012.V.)
117, c. and discipline of the school under their charge ; but such rules
shall not be contrary to the provisions of this ordinance, and
shall not be enforced until they have been submitted to and
approved in writing by the Governor ; and no alteration shall
be made without the approval in writing of the Governor in
any rules so approved .
Officers
authorized to 11. Every officer of a certified reformatory school authorized
convey or by the managers of the school , in writing, to take charge ofany
bring back youthful offender sentenced to detention under this ordinance
offenders to
school to have for the purpose of conveying him to or from the school, or of
privileges, &c. bringing him back to the school in case ofhis escape or refusal
of
(29 & 30 V.v.c. duty,
117 , s . 13. )
to return,
haveshall, forpowers,
all such such purpose and protection
authorities, while engaged in such
and privileges,
REFORMATORY SCHOOLS . 19 OF 1886. ] 817
for the purpose of the execution of his duty as a reformatory
officer, as any constable duly appointed has within this Colony,
by common law, ordinance, or customs.
Commitment of offenders to and their status at a certified
reformatory school.
12. Whenever any offender who, in the judgment of the Offenders
Court, or Magistrate before whom he is charged ,is under the under16 years
age of sixteen years, is convicted on criminal information or in a ed and senten
summary manner, of an offence punishable with penal servitude * son
sonment to may
or imprisonment, and is sentenced to be imprisoned for the term tobe besentence
sent d
of ten days or a longer term , the Court, or Magistrate may in either at time
addition to his sentence or in lieu thereof , either at once or at expiration
of sentenceofon
ent
the expiration of his period of imprisonm sentence him to be period
sent to a certified reformatory school, and to be there detained pris nt to
onmere
certified
for a period of not less than two years and not more than five schools.
formatory
years . [ 29 & 30 V. c.
( 1. ) Should there be at the time of sentence more than [117,s. 14.]
* No. 10 of
one certified reformatory school, the particular 1887.)]
shool to which the offender is to be sent shall be
named at the time of sentence or within seven days
therefrom .
( 2. ) In choosing a certified reformatory school the Court
or Magistrate shall endeavour to ascertain the pre
vious education, position in life and training of the
offender, and so far as is possible the selection shall
be made of a school most in conformity with such
circumstances.
( 3. ) Should there be only one certified reformatory school,
it shall be lawful for the Court or Magistrate to
order that the said youthful offender be therein
detained. If any objection be made thereto , by or
on behalf of any parent, or guardian, or near relative,
or any person or body of persons on the ground of
the particular religious training which may be
expected in such reforinatory school, the Court or
Magistrate shall report the matter to the Governor.
( 4. ) If upon such report being forwarded or on any appli.
cation being made to the Governor at any time, on
behalf of any youthful offender sentenced to be
detained in a certified reformatory school, any ob
jection is made to the particular religious influence
likely to be used in such reformatory school , and
the party making such application is willing to
make suitable provision for the care, maintenance
and education of such youthful offender under pro
818 [ 19 OF 1886. ] REFORMATORY SCHOOLS .
per security, it shall be lawful for the Governor in
Council upon such terms as to him may seem
advisable to set aside the sentence of the said Court
or Magistrate and to direct that the custody of the
said youthful offender be given to such person as
he shall appoint, and any person taking such youth
ful offender from such custody, or knowingly assist
ing directly or indirectly such offender to escape
from such custody , or knowingly harbouring or
concealing or preventing from returning to such
custody any youthful offender who has escaped
therefrom , shall be liable to the penalties incurred
under this ordinance for the offences aforesaid .
Discharge or 13. The Governor may at any time or ler any offender to be
removal by
order of the discharged from a certified reforinatory school, or to be removed
Governor.
[29 & 30 V. from one certified reformatory school to another, but so that the
c. 117,s.17.] whole period of detention of the offender in a reformatory school
shall not be increased by such removal.
Placing 14. The managers of a certified reformatory school may, at
offenders out
on licence . any time after the expiration of eighteen months of the period
[29 & 30 V. of detention allotted to a youthful offender, by licence under
č. 117, s. 18.] their hands, permit him to live with any trustworthy and res
1
pectable person named in the licence willing to receive and take
charge of him .
Duration of
licence. Any licence so granted shall not be in force for more than
three months, but may at any time before the expiration of
such three months be renewed for a further period not exceed
ing three months, to commence from the expiration of the
previous period of three months, and so from time to time until
the youthful offender's period of detention is expired.
Revocation of
licence.
Any such licence may also be revoked by the managers of
the school, by writing under their hands, at any time before the
expiration of such period of three months, and thereupon the
youthful offender to whom the licence related may be required
by writing under their hands, to return to the school.
The time during which a youthful offender is absent from a
certified reformatory school in pursuance of aa licence under this
section shall, except where such licence has been forfeited by
his misconduct, be deemed to be part of the time of his deten
tion in the school, and at the expiration of the time fixed by his
licence he shall be taken back to school.
Any youthful offender escaping from the person with whom
he is placed in pursuance of this section, or refusing to return
to the school at the expiration of the time fixed by his licence,
or any renewal thereof, or when required to do so on the revo
cation of his licence, shall be liable to the same penalty if he
had escaped from the school itself.
REFORMATORY SCHOOLS . [ 19 of 1886.] 819
15. The managers of aa certified reformatory school may , at apprentice
Power to
any time after an offender has been placed out on licence as offenders..
aforesaid, if he conducted himself well during his absence from c.[29117& , 306. 19.
V. )
the school, bind him , with his own consent, apprentice to any
trade, calling, or service, notwithstanding that his period of
detention has not expired ; and every such binding shall be
valid and effectual to all intents.
Offences in relation to reformatory schools.
16. If any offender detained in a certified reformatory school Refusal to
wilfully neglects or wilfully refuses to conform to the rules conform to
thereof, he shall, upon summary conviction before a Magistrate (29 & 30 V.
having jurisdiction in the place or district where the school is c. 117,s.20.]
situate , be imprisoned, with or without hard labour, for any
term not exceeding three months; and at the expiration of the
term of his imprisonment he shall, by and at the expense of the
managers of the school, be brought back to the school from
which he was taken, there to be detained during a period equal
to so much of his period of detention as remained unexpired at
the time of his being sent to prison .
17. If any offender sentenced to be detained in a certified Escaping
reformatory school escapes therefrom , he may at any time before from
[ 29 &school,
30 V. c.
the expiration of his period of detention, be apprehended with- 117,s. 21.]
out warrant, and, if the managers of the school think fit, but
not otherwise, may ( any other ordinance to the contrary not
withstanding ) be then brought before a Magistrate having juris
diction in the place or district where he is found, or in the place
or district where the school from which he escaped is situate ;
and he shall thereupon be liable, on summary conviction before
such Magistrate, to be imprisoned, with or without hard labour,
for any term not exceeding three months; and at the expiration
of such term he shall , by and at the expense of the managers
of the school, be brought back to the school from which he
escaped, there to be detained during a period equal to so much
of his period of detention as remained unexpired at the time of
his escaping
18. Every person who commits any of the following offences, Penalty
sons
on
st
that is to say : per assi .
ing or induc .
( 1. ) Knowingly assists directly or indirectly an offender toingescoffenders
ape
detained in a certified reformatory school to escape reformatory
from certified
from the school ; schools. Or
harbouring
( 2. ) Directly or indirectly induces such an offender to have
offender
esca
who.
s ped
escape from the school ; [ 29 & 30 V. c .
117 , s. 22. ]
850 [ 19 OF 1886. ] REFORMATORY SCHOOLS .
( 3. ) Knowingly harbours, conceals or prevents from
returning to the school, or assists in harbouring,
concealing , or preventing from returning to the
school, any offender who bas escaped from a certified
reformatory school,
shall, on summary conviction before a Magistrate, be liable to a
penalty not exceeding one hundred dollars, or at the discretion
of the Magistrate to be imprisoned for any terın not exceeding
two months, with or without hard labour.
Conditional pardons.
Power to
Governor
19. Where before or after the passing of this ordinance a
to send youthful offender has been sentenced to penal servitude, or
offenderstoryto imprisonment, and has been pardoned by the Governor on
reforma
schools on
conditio
condition of hisplacing bimself under the care of some charitable
nal
pardon . institution for the reception and reformation of youthful offend
29 & 30 V. c. ers, the Governor may direct bim , if under the age of sixteen
117 , s. 32. ] years, to be sent to a certified reformatory school , the managers
[ No. 10 of of which consent to receive him for a period of rot less than
1887.)
two years and not more than five years; and thereupon such
offender shall be deemed to be subject to all the provisions of
this ordinance, as if he had been originally sentenced to detention
in a certified reformatory school .
Evidence.
Rules respect. 20. The following rules shall be enacted with respect to
ing evidence evidence under this ordinance :
ordinance.
[29 & 30 V. c. ( 1. ) The production of the Hongkong Government Gazette
117, s. 33. ) containing a notice of the grant or withdrawal of a
certificate by the Governor to or from a reformatory
school or of the resignation of any such certificate,
shall be sufficient evidence of the fact of the
publication of such notice and also of the fact of a
certificate having been duly granted to or withdrawn
from the school named in the notice , or resigned by
the managers thereof.
( 2. ) The grant of a certificate to a certified schoolmay
also be proved by the production of the certificate
itself,or of a copy of the same, purporting to be
signed by the Colonial Secretary.
( 3. ) The production of the warrant or other document in
pursuance of which a youthful offender is directed
to be sent to a certified reformatory school , with a
statement endorsed thereon or annexed thereto,
purporting to be signed by the manager or other
REFORMATORY SCHOOLS . [ 19 OF 1886. ] S51
person in charge of the school, to the effect that the
offender therein named was duly received into and
is at the date of the signing thereof detained in
the school, or has been otherwise dealt with accor
ding to law, snall in all proceedings relating to such
offender be evidence of the identity of and of the
due conviction and detention and imprisonment of
the offender named in the warrant or other docu
ment.
( 4.) A copy of the rules of a certified reformatory school,
purporting to be signed by the Superintendent of
the Victoria Gaol , shall be evidence of such rules
in all legal proceedings whatever.
( 5. ) A school to which any youthful offender is directed
to be sent in pursuance of this ordinance shall,
until the contrary is proved , be deemed to be a
certified reformatory school within the meaning of
this ordinance.
Legal proceedings.
21. Any notice may be served on the managers of a certified Service of
notice on
reformatory school by delivering the same personally to any
one of thein, or by sending it by post or otherwise, in a letter of school.
addressed to them or any of them at the school, or at the usual c.[29117,
ands. 30.35.y.]
or last known place of abode of any manager, or of their
secretary.
Forms.
22. No summons, notice, or order made for the purpose of use of forms
carrying into effect the provisions of this ordinance shall be [in29schedule.
& 30 V. c.
invalidated for want of form only ; and the forms in the sche- 117,s. 36.]
dule to this ordinance annexed , or forins to the like effect, may
be used in the cases to which they refer, with such variations
as circuinstances require and when used shall be deemed suffi
cient.
SCHEDULE OF FORMS.
(A. )
( 'onriction .
HONGKONG Be it remembered that on the day of 18 , A.B., of
TO WIT. under the age of sixteen, to wit, of the age of
is convicted before me C.D .,- -, for the said Colony of Hongkong, for
that (here state offence ),
In pursuance of the Reformatory Schools Ordinance, 1886, I have sentenced
852 [ 19 OF 1886. ] REFORMATORY SCHOOLS ,
the said A.B. to be sent forth with to the reformatory school at
the manager whereof is willing to receive him , and to be
there detained for the period of commencing on and from
Given mder my hand and seal the day, month and year first above written .
[ L.s.] C. D.
(B. )
Order of detention .
IIongkong ! To A.B., coustable of Police, and to the manager of the
To wit . S reformatory school at
Whereas A.B. , late of under the age of sixteen years, to wit,
of the age of years, was this day duly convicted before the under
signed , for that (stating the offence vis in the conviction), and it was thereby
adjudged that the said A.B., for his said offence, should , in pursuance of the
Reformatory Schools Ordinance, 1886 , be sent forth with to the
reformatory school at ( the managers whereof are
willing to receive him therein ), and to be there detained for the period of
commencing from and after the day of 18
These are therefore to command you , tlie said constable of to
take the said A.B. and him safely convey to the manager of the said reform
atory school, and there to deliver him to the manager thereof, together with
this precept. And I do bereby command you the said manager of the said
to receive the said 4.B. into your custody in the said school,
there to detain him for the space of in the manner directed by
the Reformatory Schools Ordinance, 1886 , and for so doing this shall be
your sufficient warrant.
Given under my hand and seal this day of 18 , in
the year of our Lord at Hongkong , aforesaid .
[ L ...] J.S.
GOVERNMENT NOTIFICATION . - No. 404.
Notice as to the Reformatory Schools Ordinance, 1886, of the 13th
October, gazetted 16th October, 1886.
In pursuance of section 9 of the said ordinance, 110tice is hereby given that
His Excellency the Officer Administering the Government, acting under the
authority conferred upon him by section 3 of that ordinance, has this day
granted to the West Point Reformatory School a certificate that it is fitted
for the reception of such youthful offenders as may be sent there under the
said ordinance.
ir
SPIRIT LICENCES . [ 21 of 1886. ] 853
No , 21 OF 1886 .
An Ordinance entitled The Spirit Licences Ordinance,
1886 .
[ 11th June, 1886. ]
* *
1. This ordinance may be cited as The Spirit Licences Ordi- Title.
nance, 1886 .
2. In this ordinance, unless the context indicates the con- tion
Interpreta
of terms.
trary :
Adjunct licence shall mean the licence granted uniler this
ordinance to hotel-keepers, restaurateurs, or confec
tioners, for the retail sale of intoxicating liquors as an
adjunct to their respective businesses without keeping
a public bar.
Adulterated liquor shall mean any liquor mixed or coloured
to the prejudice of the purchaser with any ingredient
whatever , or with water, either so as to increase its
bulk and measure, or so as injuriously to affect the
quality of such liquor, or to conceal its inferior quality,
or any liquor which is not virtually of the nature and
quality demanded by the purchaser, or of the liquor
which it is labelled as being or purporting to be,
whether such adulterated liquor be injurious to health
or not. Spirits shall not be considered adulterated
if mised with water only so as not to reduce the
strength more than twenty -five degrees below proof
in the case of brandy, whisky or rum , or more than
thirty degrees below proof in the case of gin .
Chinese spirits shall mean the intoxicating liquors commonly
known as samshu.
Gallon shall mean an imperial gallon , or , if the liquor be
in bottles, six reputed quart bottles, or twelve reputed
pint bottles .
Grocer's licence shall mean a licence to sell intoxicating
liquors by the bottle, such liquor's not to be consumed
on the premises.
Intoxicating liquor shall include spirits, malt liquor, and
any wine or other fermented liquor whatever.
Pint bottle and quirt bottle shall mean the reputed pint and
quart bottles or linarily used in commerce.
854
[ 21 of 1886. ] SPIRIT LICENCES .
Public house shall mean any house or place of entertainment
where intoxicating liquors are sold by retail and may
be consumed on the premises, but shall not include
any place of entertainment kept under an adjunct
licence.
Retail sale shall mean the sale of liquors in less quantities
than two gallons as above defined .
Spirit shop shall mean any shop licensed to retail Chinese
spirits not to be consumed on the premises.
Wholesale licence shall mean a licence to sell intoxicating
liquors by the unopened cask or case, in quantities
not less than two gallons of one liquor at one time,
such liquors not to be consumed on the premises.
Distilleries.
Unlicensed 3. No person shall make, distil , or rectify any spirits, or
Llibitede pro- shall knowingly keep or bave inhis possession any still or other
.
3[8ofof69.]
47,and utensil , or apparatus for distilling or making or rectifying
spirits, without a licence under this ordinance.
Apothecaries, It shall be lawful for the Colonial Secretary to issue aa licence
chemists and
drugvists free of all charge to any apothecary, chemist, or druggist applying
may have
stills of cight
for the same, to keep and use on his premises , a still of not
gallons con
tents .
more than eight gallons contents for the purpose of his trade
( Orul . 8 of only, provided that every person wishing to keep such still
1844 section
3.
shall notify his intention so to do to the said Colonial Secretary,
who shall thereupon require such person to give a bond with
two sufficient sureties in the sum of one thousand dollars , that
he will not make use of such still , or suffer it to be made use
>
of except for the preparation of medicines or other articles
required bonâ fide for medical purposes, and every such person
found to have such still without having entered into such bond
and obtained such licence, shall be deemed to be guilty of an
offence under this ordinance.
Licences to
distil. 4. The Colonial Secretary may issue licences to distil in the
(3 of 69. ] forın of schedule A , on each of which licences an annual fee of
one hundred and twenty dollars shall be payable in advance.
Such conditions as the Governor in Council may from time to
time determinomay be added to such licences. Every licensed
distiller may sell by wholesale the liquors he distils.
Allulleratcı
liquors.
5. Any person who shall distil , make, import, sell, dispose
of, or deal in any adulterated intoxicating liquor shall be guilty
13 , s. 5. ] of an offence against this ordinance, and if such adulterated
liquor be injurious to health he may, on a second conviction,
be sentenced to imprisonment with or without hard labour for
SPIRIT LICENCES . 121 OF 1886. ] 855
a period not exceeding six months besides any other penalties
to which he may be liable under this ordinance.
No person shall be convicted under this section if he shows
to the satisfaction of the Magistrate before whoin he is charged
that he did not know that the liquor sold by him was adulte
rated , and that he could not have known it with any reasonable
diligence.
Sale of intoxicating liquors.
6. No person shall sell or dispose of,or advertise or expose Unlicensed
for sale any intoxicating liquor either by wholesale or retail sale prohibit
within the Colony, or shall permit or suffer any such intoxicat- [11 of 4+. 1.]
ing liquor to be sold or disposed of or advertised or exposed
for sale in his house or other place within the Colony without
a licence under this ordinance. The delivery of any intoxicat
ing liquors shall be taken, in any proceeding under this
ordinance, to be primâ facie evidence that money or other
consideration was given for the same.
7. The holder of a retail or grocer's licence may also sell Wholesale
intoxicatingliquorswholesale, but no person shall sell intoxicat- and . retail
(See. 11 of 44.
ing liquors by retail without a licence to that effect, and this 21.
section shall apply to all retail sales of liquor to any person on ]
pretence that he is a customer for other gcods, as well as to all
sales of quantities exceeding two gallonswith an understanding
that part is to be returned , and generally, to any act whatever
which, under whatsoever pretence, constitutes à retail sale of
intoxicating liquor.
8. The Colonial Secretary may at any time issue temporary Temporary
licences.
licences for the sale of liquors at any public entertainment or
on any public occasion on payment of such fee in each case as
to the Governor shall seem fit.
Public house, and adjunct licences.
9. Every person desirous of obtaining a publican's or adjunct Application
licenceshall giveten days' notice to the Magistrates in the [for11 licence,
of 44. 3. ]
form of schedule B or C according to the nature of the licence
required .
10. The Magistrates, or either of them , may from time to Sessions.
time appoint a day for the granting or transferring of licences, [11 of 44. 4.]
which shall be advertised in the Government Gazette and a
public newspaper at least one week previously, and the said
Vagistrates, or either of them , with the assistance of such other
Justices of the Peace as may attend on the said day, shall take
into consideration all applications which may have been made
856 [ 21 of 1886. ] SPIRIT LICENCES .
for licences for the sale of liquors within the Colony, and the
presiding Magistrate may adjourn the consideration of all or
any of such applications to any other lawful day.
Disagreement
of Justices ,
11. Every application for the grant or transfer of a licence
(11 of 14. 4.] shall be decided by a majority of votes of the Justices present,
in the case of equality the presiding Magistrate shall , in addi
tion to one original vote, have a casting vote . Provided however
that in case of any applicant being dissatisfied with the order
of the Justices or the majority thereof, it will be lawful for the
Governor in Council to alter and amend the order, on the
petition of the dissatisfied party.
Applicants 12. Every applicant for a licence, who may be approved by
recognis
ances. the Justices assembled as above, shall enter into a recognizance
(11 of4.5 .) in the form of schedule D or E according to the nature of the
licence he requires, whereupon the Magistrate shall deliver to
him a certificate in the form of schedule For G according to
the nature of his application ; and the Magistrate shall, within
ten days, transmit to the Treasurer a return of all such certifi
cates as may have been granted in the form of schedule II to
this ordinance
Fee. Licencc .
13. The applicant may, within fourteen days from the date
[11 of 44. 7.] of such certificate, loilge it in the Treasury together with the
fee provided by schedule P to this ordinance, whereupon the
Treasurer shall issue to him a licence in the form of schedule I
or ) according to the nature of the licence for which the certifi
cate is granted, such licence to be called a public house licence
in the one case, or an adjunct licence in the other.
Period of
licence .
14. Every public liouse or adjunct licence shall be valid only
(10 of 68. ] until the 30th of November next following the date on which
it is granted : always provided that where this period is less
than a year a proportionate part only of the aforesaid fee shall
be charged, to which (except in the case of the transfer of a
licence ) ten per cent shall be added .
Records, 15. The Magistrates shail keep a record of all recognizances
entered into under section 12 , and the Treasurer shall keep a
record of all licences issued under section 13 of this ordinance.
Transfer of 16. The presiding Magistrate and Justices at their meetings
licences.
[11 of 11.9.] hereinbefore provided for may transfer, in the form of schedule
K , any public house licence or adjunct licence to the nominee
of the original holder of such licence, such nominee making like
application, receiving aa like certificate, and entering into like
rccognizances as if applying for a licence on his own behalf.
SPIRIT LICENCES . [ 21 of 1886. ] 857
17. In case of the death or insolvency of any person holding Death or
a public house licence or adjunct licence under this ordinance, insolvency of
the executor, or administrator, or trustees of such licensee may (11 of 41,10.]
carry on the business of such licensed house until the expiration
of the licence, subject to all the same regulations as the original
licensee. And such executor, administrator, or trustees shall
enter into new recognizances under this ordinance.
18. The Justices may permit the business licensed under a business
Removal of
public house or adjunct licence to be removed to other premises (11 of 44.11.)
if they shall be satisfied that the application to remove such
business (which shall be by written inemorial) may reasonably
be granted. The licensee shall enter into new recognisances,
and shall receive a new certificate entitling him to a new licence
for the remainder of his term on payment of a fee of five dollars.
19 . Every licensed publican or adjunct licensee shall have Sign. Produc
his full naine painted in legible letters at least three inches long, licence..
with tlie words Licensed to retail wines and spirits, constantly (11 of 17.13.)
and permanently remaining, and plainly to be seen and read,
on some conspicuous part of his house, and no person not
actually holding a public house licence or adjunct licence
( except the keeper of a spirit shop as hereinafter provided ) shall
keep up any sign, writing painting, or other mark , which inay
imply or give reasonable cause to believe that his premises are
licensed for retail or barter of intoxicating liquors, or that such
liquors are sold, served , or retailed therein.
20. The business of every licensed publican or adjunct Regulations
Sec. 11 of 4+,
licensee shall be carried on subject to the following regu- [scand
lations : schedule. ]
( 1. ) No liquor shall be sold or drunk on the premises
licensed except between such hours as the Magis
trate shall enter on the certificate to be granted
under clause 12 .
( 2. ) No disorder shall be permitted on the premises.
( 3.) No person shall be allowed to become drunk on the
premises, nor shall liquor be supplied to any person
who is drunk .
( 4. ) No game of chance shall be played on the premises.
( 5. ) A decent and suitable privy and urinal shall be main
tained in a state of cleanliness and good repair for
the use of customers.
( 6. ) The licensee shall not abandon the occupation of his
house, or permit any other person to become vir
tually the keeper thereof.
858 [ 21 OF 1886.] SPIRIT LICENCES .
( 7. ) The licensee shall not employ any person to sell or
dispose of any liquors outside of his licensed pre
mises, nor shall he allow or suffer any liquors to be
so disposed of on his account.
Forfeiture of
recognisan 21. When any licensed publican or adjunct licensee shall be
ces. charged with any offence under this ordinance and shall not
[11 of 14, 15.] appear to answer to such charge, it shall be lawful for any
Magistrate to order that the recognizance of such licensed
publican or adjunct licensee be forfeited until his appearance,
and in case any licensed publican or adjunct licensee be twice
convicted of any offence under this ordinance, it shall be lawful
for the Magistrate to order, on the second conviction, that any
fine imposed on such offender, not exceeding the amount of his
recognisances, be paid by his suretics .
Action on
account of
22. No licensed publican shall maintain any action for, or
liquors. recover any debt or demand on account of liquors, unless such
[11 of 14.17.) debt shall bonâ fide have been contracted at one time to the
amount of five dollars or upwards, nor shall any item in any
account for liquors be allowed where the liquors bona fide deliv
ered at one time shall not amount to the full sum of five dollars ,
nor shall any amount of debt whatsoever incurred by any
seaman or soldier in Her Majesty's service for liquors be allowed :
provided always that nothing herein contained shall extend to
prevent innkcepers from keeping an account with lodgers and
travellers, in which any charge for liquors may be included, and
recovering the amount thereof in a Court of Justice.
Taking 23. No licensed person shall take or receive in payment or
pledges
111 of44.18.] pledge for liquor or any entertainment whatever supplied in or
out of his house any article or thing whatever except money.
Measures.
24. Every licensed publican or adjunct licensee shall sell
{11 of 44. 19. ) and dispose of his liquors by the measures legalised in this
Colony and not otherwise, except when the quantity is less
than half a pint, or except when the liquor is sold in bottles,
and shall also ineasure such liquor in the presence of any
customer who may require him to do so .
Suspected 25. If any person be convicted of unlawfully retailing any
premises
(11 of 44.35.) intoxicating liquor, the house and premises of such person, and
the house, lodging, shop, or warehouse where such offence shall
have been committed, and any court or yard connected therewith,
shall be liable to be searched at any time of the day or night, by
any Police officer, with or without warrant, for six months
next after such conviction, provided that the same or any part
thereof shall be occupied by the person so convicted .
SPIRIT LICENCES . [ 21 of 1886. ] 859
26. Whenever any Police officer shall find any person Drinking in
drinking in any place in which any intoxicating liquor shall be place.
sold or disposed of by retail , and the licence for such sale shall [11 of 44. 36. ]
not on demand be produced to such Police officer, it shall be
lawful for such Police officer to apprehend all such persons so
found drinking there; and every such person so found drinking
shall , upon conviction before any Magistrate, forfeit and pay
for every such offence a sum not exceeding twenty dollars,
unless such person shall inform against such unlicensed person
or voluntarily become аa witness against him , in respect of such
act of selling and retailing.
27. No master or other person employing journeymen, Payment of
workmen, servants , or labourers , shall pay or cause any payment (11of 44.37.)
to be made to any such journeyman, workman, or labourer in
or at any house in which any intoxicating liquor is sold by
retail .
Wholesale and Grocers' licences. Spirit shops.
28. Every person desirous of obtaining a wholesale or a Wholesale
grocer's licence to sell intoxicating liquors shall apply to the and grocers'
Colonial Secretary, who may in his discretion grant to the el. How obtain.
applicant a licence in the form of schedule L or M according to
the nature of his application, on production of a receipt from
the Treasurer for a fee of one hundred and twenty dollars.
Such licence may be renewed annually on like conditions..
29. It shall be lawful for the Governor in Council from time Power to
to time to make, alter, amend and repeal regulations and condi- make rules.
tionsfor the granting of wholesaleand grocer's licences. Such
conditions may require the providing by applicants of one or
more sureties, may alter the above scale of fees, may regulate
the times of commencement and expiry of such licences, the
hours and conditions of sale, and all other matters connected
with such licences. All such regulations when published in
the Government Gazette shall have the force of law.
30. The Colonial Secretary may grant a licence in the form Chinese
of schedule N to any person to retail Chinese spirits , such spirit shops.
Chinese spirits not to be consumed on the premises where they 27-30.]
are sold, and the holder of such licence shall exhibit con
spicuously and permanently in front of his licensed place of
business his name and number and the nature of such licence,
on a sign, the size and design of which shall be approved by
the Colonial Secretary, and the fee of ten dollars monthly shall
be paid in advance by each licensee to the Treasurer . The
Colonial Secretary may permit the transfer of any such licence
in form of schedule. 0.
860 [21 OF 1886. ] SPIRIT LICENCES .
Eating houses.
Fating 31. No person , unless licensed to retail intoxicating liquors
houses.
or Chinese spirits under this ordinance, shall keep an eating
house, coffee house, refreshment bar or saloon , restaurant, or
other place where meals or refreshments are supplied to persons
not resident on the premises, without a licence from the Colonial
Secretary, for which licence a fee of ten dollars a year shall be
payable in advance. Such conditions as the Governor in
Council may determine may be added to any licence granted
under this section . 1
Disorder in
eating houses. 32. No person licensed under the preceding section shall
(2
[ & 3 Vic.es knowingly or wilfully permit drunkenness or other disorderly
47, s . 44. ) conduct in his house or other place of entertainment, or
knowingly suffer any unlawful games or gaming therein, or
knowingly permit or suffer any public prostitute to frequent
such house or other place or to remain therein .
Police inspection . Search.
33. When information upon oath shall be laid before any
Magistrate to the effect that any illicit distillation or rectification
or illegal sale of intoxicating liquors is carried on within any
building or on board of any vessel in the Colony, it shall be
lawful for such Magistrate by a warrant under his hand to
empower any officer of Police to enter such building or vessel
at any hour of the night or day, using force for that purpose if
necessary, and to make search for any stills, parts of stills, or
intoxicating liquors which may be found there, and to arrest
any persons who inay appear to have committed or to be attempt
ing to commit any offence against this ordinance.
Every person licensed under this ordinance shall produce his
licence to any Police officer on being required thereto.
Any officer of Police shall have free access to every part of
any house licensed under section 13 or 31 of this ordinance at
any hour of the night or day .
Penalties and their recovery.
Fines and
forfeitures.
34. For every offence against this ordinance not otherwise
provided for, there shall be payable for a first offence a fine not
exceeding three hundred dollars, and for a second offence a fine
not exceeding six hundred dollars. And allintoxicating liquors,
stills, or parts thereof with respect to which any offence against
this ordinance may have been committed , as well as the vessels
or packages which contain them , may be forfeited , as also any
boat or vessel of less than fifteen tons burden in which such
intoxicating liquors or stills or parts of stills may be found.
SPIRIT LICENCES . [ 21 or 1886. ] 861
35. Offences against this ordinance shall be considered to defined
Offences.
be :--
( 1. ) Refusal, neglect, oromission to do any act commanded
by this ordinance.
( 2. ) Refusal to permit, or obstruction of any such act.
( 3. ) The doing of any act forbidden by this ordinance .
( 4. ) On the part of a licensed publican , adjunct licensee,
or keeper of a spirit shop , any breach of the terms
of his licence or recognisance.
36. On the conviction of any licensed person for a second licence
Forfeitu. re of
offence against this ordinance the Magistrate may order bis . [ See. 11 of
licence to be forfeited, in addition to any other penalties herein- 11.30.)
before provided .
37. All penalties for offences against this ordinance may be Recovery
recovered in a summary way before a Magistrate, but proceed- of penalties.
ings for the recovery of such penalties shall be commenced
within six months after the offence was committed.
38. One -half or a less portion of any fine levied under this informers.
Awardsto
ordinance may be paid to the informer. ( 11 of 44. 32. )
Power to make rules.
to .
Powerrules
39. The Governor in Council may from time to time make, make
alter, and repeal rules consistent with this ordinance for the
better carrying out of the same. All such rules shall be pub
lished in the Gazette, and when so published shall have the force
of law .
* *
41. This ordinance shall take effect on a day to be hereafter ment
Commenec
of
proclaimed by the Governor. ordinance.
SCHEDULES.
(A. )
The Spirit LICENCES ORDINANCE, 1886.
Distillery licence, ( Sec . 4.)
In consideration of the fee of dollars paid by
I hereby license him to have stills of gallons
capacity at and to distil spirits therewith and to sell such spirits
by wholesale from this date until 18
Hongkong, 188
Colonial Secretary.
862 [ 21 OF 1886. ] SPIRIT LICENCES .
1
( B. )
The Spirit LICENCES ORDINANCE, 1886.
Application for publican's licence, ( Sec. 9.)
Name of applicant address
Nationality Has held a licence years.
Licensed house to be at No. Street.
Its name or sign to be
Sureties of
and of
To the Magistrates.
I give notice that I intend to apply at the next licensing meeting to Her
Majesty's Justices of the Peace, for a licence to sell and retail intoxicating
liquors, in the house and appurtenances thereunto belonging above named ,
which I intend to keep as an inn or public -house.
Hongkong, 188
We, the undersigned householders residing at Victoria in the said Colony,
certify that the above-named applicant is a person of good fame and reputa
tion , and fit and proper to be licensed to keep an inn or public -house.
1.
2 .-
3.
( C. )
TIIE SPIRIT LICENCES ORDINANCE, 1886 .
Application for adjunct licence, ( Sec. 9.)
Name of applicant address
Nationality Has held a licence years.
Licensed house to be at No. Street.
Other business carried on
Sureties of
and of
To the Magistrates.
I give notice that it is my intention to apply at the next licensing meeting
for a licence to sell and retail intoxicating liquors, in any quantity under two
gallons at one time, in the house and appurtenances thereunto belonging
above named , as an adjunct to the business which I am carrying on in the
said house and premises.
Hongkong , 188
We, the undersigned householders, certify that the above named applicant
is a person of good fame and reputation, and fit and proper to be licensed for
the sale of intoxicating liquors as aforesaid .
1.
2.
3.
SPIRIT LICENCES . [ 21 OF 1886. ] 863
( D. )
THE SPIRIT LICENCES ORDINANCE, 1886.
Publican's recognisance, (Sec . 12. )
COLONY OF
HONGKONG Be it remembered , that on the day of 188
TO WIT .
} hereinafter
called the licensee and
and
hereinafter
called the sureties came personally before me, a Magistrate in the Colony of
Hongkong, and acknowledged themselves to owe to our Lady the Queen, to
wit,—the said licensee the sum of three hundred dollars, and the said sureties
each the sum of three hundred dollars of lawful current dollars of Hongkong,
to be respectively levied of their several goods and chattels, lands and tene
ments, to the use of our said Lady the Queen , Her Heirs, and Successors, in
case default shall be made in the performance of the conditions hereunder
written :
The conditions of this recognisance are such , that whereas the said licensee
is to be licensed to keep a public house, and to sell intoxicating liquors, at
the sign of the situate at ; If the said licensee do
observe all the conditions of The Spirit Licences Ordinance, 1886, then this
recognisance to be void, otherwise to remain in full force .
Taken and acknowledged the day and year above written , before me .
Magistrate.
( E. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Adjunct licensee's recognisance, ( Sec. 12.)
COLONY OF
HONGKONG Be it remembered , that on the day of 188
TO WIT .
hereinafter
called the licensee and
and
hereinafter
called the sureties came personally before me a Magistrate in the Colony of
Hongkong, and acknowledged themselves to owe to our Lady the Queen, to
wit, —the said licensee the sum of three hundred dollars, and the said sureties
each the sum of three hundred of lawful current dollars of Hongkong, to be
respectively levied of their several goods and chattels, lands and tenements,
to the use of our said Lady the Queen , Her Heirs, and Successors in case
default shall be made in the performance of the conditions hereunder
written :
The conditions of this recognisance are such , that whereas the said licensee
is to be licensed to sell intoxicating liquors, in any quantity under two gallons,
861 [21 of 1886. ] SPIRIT LICENCES .
in the house, No. as an adjunct to the business of
carried on by him in the said house and appurtenances thereunto belonging
; If the said licensee do observe all the conditions of The
Spirit Licences Ordinance, 1886 , —then this recognizance to be void, other
wise to remain in full force.
Taken and acknowledged the day and year above written , before me
Magistrate.
(F )
THE IRIT LICENCES ORDINANCE, 1886.
Publican's certificate, ( Sec. 12.)
Authority to the Treasurer to issue a spirit licence to
Premises No. Street.
Sign of house Licence to expire 18 .
I authorise the Treasurer to issue a licence to the person named above to
keep an inn or public -house as above set forth, I am satisfied the said person
is a person of good fame and reputation, and is fit and proper to keep an inn
or public-house ; and I have taken from the said person and his sureties a
recognisance in the sum of three hundred dollars each , according to the form
prescribed by the said ordinance.
Hongkong, 188
Magistrate.
Hours for sale to
(G. )
The Spirit LICENCES ORDINANCE, 1886.
Adjunct licensee's certificate, (Sec. 12.)
Authority to the Treasurer to issue an adjunct licence to
Premises No. Street.
Business carried on Licence to expire 18
authorise the Treasurer to issue an adjunct licence to the above named
person to retail liquors in any quantity under two gallons on the premises
named above as an adjunct to the business carried on by him in the said house.
I am satisfied the said person is a person of good fame and reputation, and is
fit and proper to conduct such house as aforesaid ; and I have taken from the
said person and his sureties the requisite recognisances in the sum of three
hundred dollars each , according to the form prescribed by the said ordinance.
Hongkong, 188 .
Mayistratc.
Hours for sale - to
SPIRIT LICENCES . [ 21 OF 1886. ] 865
( H. )
The Spirit LICENCES ORDINANCE , 1886.
Return of licensees, ( Sec. 12.)
To the Treasurer.
Public house or adjunct licences may be granted to the undermentioned
persons.
Sign Whether Addresses Nature
Road or before
Licensee . of No. Sureties. of of
street. licensed or sureties.
house.
not. licence.
Magistrate.
Hongkong, 18
(I. )
The Spirit LICENCES ORDINANCE, 1886.
Public Ilouse Licence, (Sec. 13.)
Licensee
Sign of house
No. Street .
Period of Licence, from to both days inclusive.
Fee, $
I license the above named person to keep a public house, and to sell and
retail in the house in which he now dwells and in the appurtenances there
unto belonging, but not elsewhere, all intoxicating liquors during the period
above written .
No. Treasurer.
Hongkong , 18
(J. )
THE SPIRIT LIÇENCES ORDINANCE, 1886.
Adjunct Licence, (Sec 13.)
Licensee
Business
Address , No. Street.
Period of Licence, from to both days inclusive.
Fee, $
I license the person named above to sell and retail intoxicating liquors in
quantities not exceeding two gallons in the house in which he now dwells
S66 [ 21 OF 1886. ] SPIRIT LICENCES .
and in the appurtenances thereunto belonging, but not elsewhere ; as an
adjunct to the business he carries on there and without keeping a public bar
during the period above written.
No. Treasurer .
Hongkong, 18
(K. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Transfer of Public House or Adjunct Licence, ( Sec. 16. )
..
New Licensee
Sign of house
or Business carried on
No.
} Street.
Period of new Licence, from to both days inclusive.
Former Licensee
I license the person named above to sell and retail intoxicating liquors in
the house named above and in the appurtenances thereunto belonging, but not
elsewhere, during the period above written .
No. Treasurer.
Hongkong , 18
( L. )
The Spirit LICENCES ORDINANCE, 1886.
Wholesale Licence, (Secs. 28 & 29.)
is licensed to sell intoxicating liquors by the un
opened cask or case, in quantities not less than two gallons of one liquor at
one time on the premises known as
Such intoxicating liquors are not to be consumed on the premises.
Colonial Secretary.
Hongkong, 18
(M. )
THE SPIRIT LICENCES ORDINANCE, 1886 .
Grocer's Licence, ( Secs. 28 & 29.)
is licensed to sell intoxicating liquors ( Chinese
spirits excepted ) by the bottle on the premises known as
Such intoxicating liquors are not to be consumed on the premises. Liquors
may also be sold wholesale under this licence.
Colonial Secretary.
Ilongkong, 18
SPIRIT LICENCES , [ 21 or 1886. ] S67
( N. )
THE SPIRIT LICENCES ORDINANCE, 1886.
Spirit Shop Licence, (Secs. 30. )
No.
is licensed to sell spirits not to be consumed on his premises at No.
the sign or shop name of which is
until 18
Conditions
1.
2,
3,
& c. Hongkong, 18
Colonial Secretary .
( O. )
THE SPIRIT LICENCES ORDINANCE , 1886 .
Transfer of spirit licence, (Sec. 30.)
The spirit licence No. granted to is transferred to
> who is hereby licensed to sell spirituous liquors, not to be consumed
on the premises, at No. the sign or shop name of which is
until 18
Conditions .
1.
2. —
3.
Colonial Secretary.
( P. )
SCHEDULE OF FEES.
1. - Public house and adjunct licences, (Sec. 13.)
When the annual valuation of the premises occupied is
under $ 1,000, a licence fee of $300 a year.
under $ 4,200 $ 360
over $ 4,200 $ 480
II. - Other fees chargeable under this ordinance.
Distillery licence, ( Sec. 4 ) ............ . $ 120 a year .
Temporary spirit licence, (Sec. 8), Discretionary.
Licence for removed business, (Sec . 18), $ 5
Grocer's licence, ( Sec. 28 )........ . $ 120 a year .
Wholesale licence, ( Sec . 28) , . $ 120 "
Chinese spirit licence, ( Sec. 30), $ 120
Eating house licence, (Sec. 31 ), .......... $ 10
[ In force from 1st July, 1886, proclamation the 12th June, 1886.]
SCS [ 21 or 1886.] SPIRIT LICENCES .
Regulations made by the Governor in Council, under the
Spirit Licences Ordinance, 21 of 1886, and under
the Crown Fees Ordinance, 17 of 1870, on the
23rd, gazetted the 24th July , 1886.
1. Intoxicating liquors. bottled in the Colony may be sold under a whole
sale licence, although the bottles are not contained in cases, provided not less
than twelve quart bottles or twenty -four pint bottles of any one liquor are
sold at one time.
2. Whenever no special provision has been made in the Spirit Licences
Ordinance, 1886 for the transfer of any licence, such licence may be trans
ferred by the endorsement of the officer who issued it, or by the issue of a
fresh licence by him .
3. The fee of $ 10 for each licence for an eating -house imposed by section
31 of the above- named ordinance is hereby remitted in the case of eating
houses for Chinese customers only.
Order made by the Governor in Council under the Spirit
Licences Ordinance ( 21 of 1886), on the 3rd and
gazetted the 18th September, 1886.
The following conditions shall be added to distillery licences issued under
the provisions of Ordinance 21 of 1886 :
CONDITIONS .
1. The premises shall, at all reasonable times, be open to the inspection of
such officers as the Governor may, from time to time, appoint in that behalf.
2. The licensee sball, at the expiration of every consecutive period of 3
months from the date hereof, furnish to the Colonial Secretary aa return of the
total amount of spirits distilleul, rectified, or coinpowded under this licence
during such period.
3. No spirits shall le sold or disposed of by the licensee, or by any one
acting for him , or on his behalf, in less quantity than 36 gallons at one time.
4. This licence may be cancelled, and the licence fee paid in respect thereof
forfeited, if the licensee be guilty of any of the following offences :
(a .) Breach of any of the conditions of this licence.
( 6.) Breach of any regulations made or to be made in virtue of section
39 of Ordinance 21 of 1886 .
( c.) Distilling, rectifying, or compounding any spirits which shall, in
the opinion of the Governor in Council, be deleterious to public
health, or in any other respect a nuisance.
869
LEGISLATIVE COUNCIL WITNESSES. [ 26 of 1886. ]
No. 26 OF 1886.
An Ordinance entitled An Ordinance for enabling the
Legislative Council and any Committee thereof to compel
the attendance of and to administer Oaths to Witnesses.
[ 14th December, 1886.]
1. This ordinance may be cited for all purposes as “ The Short title:.
( 34 & 35 V. c .
Legislative Council Witnesses Ordinance, 1886. 83 , s. 4.]
2. The Legislative Council of the Colony and any committee Examination
thereof may administer an oath to any witness examined before of witnesses
such Council or committee and for that purpose shall have all [34 & 35 V. c.
such and the like powers, rights, and privileges, as are now $3, $ 1.]]
possessed or exerciseable by the House of Commons of the
United Kingdom of Great Britain and Ireland or any committee
thereof, in respect of,---
( a. ) The enforcing the attendance of witnesses.
( 6. ) The punishing persons guilty of contempt.
3. Any person examined as aforesaid , who wilfully gives Pulse
false evidence, shall be liable to the penalties of perjury; Any $34
(
38. v.c.
&& 35 V
witness to be esamined under this ordinance who, being a 83, s. 2.]
Christian, conscientiously objects to take an oath, may make
his solemn affirmation and declaration in the words following : -
“ I, A. B., do solemnly, sincerely, and truly affirm and
>
declare that the taking of any oath is according to my
religious belief unlawful and I do also solemnly,
sincerely, and truly affirm and declare, & c."
Any witness to be examined under this ordinance who is not Declaration
a Christian, may, in lieu of' an oath make the following declaration in lieu of
which shall be duly interpreted to every such witness ignorant
of the English language. ' I, A. B., do solemnly, sincerely ,
and truly declare that the evidence which I am about to give
shall be the truth , the whole truth , and nothing but the truth .'
Any solemn affirmation and declaration or declaration alone
as aforesaid shall be of the same force and effect and shall entail
the same consequences as an oath taken in the usual form .
Any oath or affirmation and declaration or declaration al
as aforesaid may be administered by the presiding member of
the said Council or any committee thereof.
870 (27 of 1886. ] COMMISSIONERS POWERS.
No. 27 OF 1886 .
An Ordinance entitled An Ordinance to enable the Gov
ernor of Hongkong to appoint Commissions under the
seal of the Colony and to confer certain powers on Com
missioners so appointed necessaryfor conducting Inquiries.
[14th December, 1886. ]
* * *
Sbort title. 1. This ordinance may be cited for all purposes as “ The
Commissioners Powers Ordinance , 1886.”
Power to 2. The Governor in Council shall have power to nominate
Governor to
appoint com and appoint commissioners under the seal of the Colony for the
Inissioners. purpose of instituting making and conducting any inquiry that
may be deemed advisable or necessary and for reporting thereon ;
and also to appoint a secretary or clerk to such commissioners
Power to fill
vacancies.
at such salary or remuneration as he may think fit ; and in case
( 33 and 34 V. of any vacancy occurring in the office of any commissioner,
c. 105,, s. 5.] secretary, or clerk so appointed by reason of such commissioner,
>
secretary, or clerk dying, resigning, declining, or being or
becoming incapable to act, fromtime to time in like manner to
fill up such vacancy .
Power of 3. All commissioners so appointed as aforesaid, shall if the
commis .
sioners Governor in Council deem it necessary or expedient , and pro
appointed by vided, that the commission , under which they are appointed,
the Governor.
[ Ibid. n. 6. ] so direct, have all or any of the powers, rights, and privileges
following that is to say :
( 1. ) All such powers as are now or may hereafier be vested
in the Supreme Court of the Colony or in any Judge
for the time being thereof on the occasion of any
action or suit in respect of the following matters :
( a. ) The enforcing the attendance of witnesses
and examining them on oath, affirma
tion, or otherwise, as they or he may
think fit.
( b. ) The compelling the production of docu
ments .
( c. ) The punishing persons guilty ofcontempt.
( d. ) The ordering an inspection of any pro
perty.
And in such cases a suminons under the hand of
the chairman or presiding member of any such com
COMMISSIONERS POWERS . [ 27 of 1886. ] 871
mission as aforesaid, countersigned by the secretary,
or clerk ( if any ) to such commission, may be sub
stituted for and shall be equivalent to any form of
process capable of being issued in any action or suit
for enforcing the attendance of witnesses, or com
pelling the production of documents; and any
warrant of committal to prison issued for the pur
pose of enforcing any such powers as aforesaid shall
be under the hand of the chairman or presiding
member of any such commission as aforesaid , coun
tersigned by the secretary or clerk as aforesaid ( if
any ), and shall not anthorise the imprisonment of
any offender for a period exceeding three months.
( 2. ) The power for the purposes of their commission to
enter and view any premises.
( 3. ) The right to conduct every examination of witnesses
as aforesaid, either in public or private, as their
commission may direct ; provided that if such
examination be conducted in public, due notice
shall be given of the time and place of holding the
same, but with power to the commissioners to
adjourn any meeting from time to time and from
one place to another.
Indemnity to
4. If in the opinion of the Governor in Council the special witnesses.
circumstances of any inquiry render it necessary or expedient , Ibid. 5. 7.1
and provided the commission , under which the commissioners
are appointed , so direct, any person examined as a witness in
any inquiry as aforesaid, who in the opinion of the commis
sioners, makes a full and true disclosure touching all the matters
in respect of which he is examined, shall receive a certificate
under the hand of the chairman or presiding member of such
commission, countersigned by the secretary or clerk (if any ),
stating that the witness has upon his examination made a full
and true disclosure as aforesaid ; and if any civil or criminal
proceeding be at any time thereafter instituted against such
witness in respect of any matter touching which he has been
so examined , the tribunal before which such proceeding is
instituted shall, on the production and proof of the certificate,
stay the proceeding, and may in its discretion award to such
witness any costs he may have been put to by the institution
of the proceeding ; provided that no evidence taken under the
powers conferred by this ordinance shall be admissible against
any person in any civil or criminal proceeding whatever, except
in the case of a witness who may be accused of having given
false evidence before any such commissioners as aforesaid con
ducting any inquiry.
872 27 OF 1886.1 COMMISSIONERS POWERS .
( 28 OF 1886. ] WILLS ACT AMENDMENT.
Police aid to
commis .
5. The Captain Superintendent of Police for the time being
sioners, and all inspectors of Police, officers, gaolers and bailiff's shali
[ Ibid. s. 6. ) and they are hereby required to give their aid and assistance to 1
all commissioners so appointed as aforesaid in the execution of
their office.
Penalty for
false swear
6. Every person who upon examination upon oath or affirma
ing, & c. tion or otherwise under this ordinance wilfully gives false
[ Ibid. s. 8. ) evidence shall be liable to the penalties of perjury.
Expenses of 17. Upon the recommendation of any commissioners so
[ Ibid.s. .9.] appointed as aforesaid, the Governor shall have power to order
that the actual expenses for loss of time or travelling of any
witness examined under this ordinance be paid out of the
Colonial Treasury. !
Protection to 8. In all cases, all commissioners appointed under this ordi
commis
sioners . nance, shall have such and the like protection and privileyes, in
[Ibid. s.10.] case of any action or suit brought against them for any act done
or omitted to be done in the execution of their duty , as is by
law given by any ordinance or ordinances now or hereafter to 1
be in force to J'agistrates or Justices acting in execution of
their office .
Service of a
.
9. Service upon any person of a summons under this ordi
[ Ibid.6. 11.) nance may be made by leaving the summons at his usual or last
known place of residence or business in the Colony.
Protection to 10. No person shall be liable to any action , suit, indictment,
persons
publishing or proceeding by reason of his publishing a truc account of any
true accounts
of evidence . evidence taken in public in pursuance of the powers conferred
[Ibid.8.12.] by this ordinance or of any report of the commissioners madle
public by the authority of the Governor.
Limitation of
actions.
11. No action or suit shall be brought against any com
[ Ibid. s. 13.] missioners appointed under this ordinance or any other person
whomsoever, for anything done in the execution of their or his
duty under this ordinance or under the powers conferred upon
them or him by their or his appointment or commission unless
such action or suit be brought within six months next after
the doing of such thing:
No. 28 OF 1886 .
(15 & 16 Vic. An Ordinance entitled An Ordinance to amend the Law
c. 26. ]
relating to Wills.
[ 14th December, 1886.]
Short title. 1. This ordinance may be cited for all purposes as The Wills
„ Ict Amendment Ordinance 1886."
WILLS ACT AMENDMENT. [ 28 OF 1886. ] 873
2. The expression “ Principal Act ” in this ordinance shall tion
Interpreta
,
mean an Act passed in the 7th year of the reign of His Majesty
King WILLIAM the 4th , and the 1st year of the reign of Her
Present Majesty Queen VICTORIA chapter 26 entitled “ An Act
forThe
the word
Amendment of theLaus with
“ JVill” shall in
respect to Wills," and
constructio
the n of this ordinance Interpreta
be interpreted in like manner as the same is directed to be oftionWills.
interpreted under the provisions in this behalf contained in the c(15
. 21&, s.163.Vic.
]
principal act .
***
4. Every will shall so far only as regards the position of the When will
signature of the testator, or of the person signing for him as deemed valid
aforesaid, be deemed to be valid witbin the principal act as as regardsthe
explained by this ordinance, if the signature shall be so placed thetestator's
at or after, or following , or under, or beside,or opposite to the signature.
end of the will , that it shall be apparent on the face of the will C.15.&
21, s16. Yic.
]
that the testator intended to give effect by such bis signature to
the writing as bis will ; and no such will shall be affected by
the circumstance that the signature shall not follow or be
immediately after the foot or end of the will, or by the circum
stance that a blank space shall intervene between the concluding
word of the will and the signature, or by the circumstance that
the signature shall be placed among the words of the testimonium
clause or of the clause of attestation , or shall follow or be after
or under the clause of attestation , either with or without a
blank space intervening or shall follow or be after, or under, or
beside the names or one of the names of the subscribing witnesses ,
or by the circumstance that the signature shall be on a side
or page or other portion of the paper or papers containing the
will whereon no clause or paragraph or disposing part of the
will shall be written above the signature, or by the circumstance
that there shall appear to be sufficient space on or at the bottom
of the preceding side or page or other portion of the same paper
on which the will is written to contain the signature ; and the
cnumeration of the above circumstances shall not restrict the
generality ofthe above enactment ; but no signature under the
principal act or this ordinance shall be operative to give effect
to any disposition or direction which is underneath or which
follows it, nor shall it give effect to any disposition or direction
inserted , after the signature shall be made.
5. The preceding provisions of this ordinance shall extend Ordinance
and be applied to every will made prior to the 31st October, extend to
1854 , and taking effect in the Colony, adıninistration to which alreadymade.
or probate of which had not up to that date been granted or 24 , s.& 2. ] V. c.
515
ordered by a Court of competent jurisdiction in consequence of
the defective execution of such will, or where the property not
being within the jurisdiction of the Supreme Court has not been
874 [ 28 OF 1886. ] WILLS ACT AMENDMENT,
[ 29 OF 1886. ] BILLS OF LADING .
possessed or enjoyed by some person or persons claiming to be
entitled thereto in consequence of the defective execution of such
will , or the right thereto shall not have been decided to be in
some other person or persons than the persons claiming under
the will , by a Court of competent jurisdiction in consequence
of the defective execution of such will, and to every will made
since the 31st of ()ctober, 1854 .
No. 29 OF 1886 . 1
An Ordinance entitled An Ordinance relating to Bills of
Lading.
[ 14th December, 1886.] 1
1
HEREAS it is expedient that Ordinance No. 2 of 1856
should be re -enacted with certain amendments :
* *** *
Short title.
1. This ordinance may be cited for all purposes as “ The Bills
of Lading Ordinance, 1886. ” *
Rights under 3. Every consignee of goods named in a bill of lading, and
bills of lading
to vest in every endorsee of a bill of lading to whom the property in the
consignee or
endorsee . goods therein mentioned shall pass, upon or by reason of such
[18 & 19 Vic. consignment or endorsement, shall have transferred to and
c. 111 , s. 1. ] vested in him all rights of suit, and be subject to the same
liabilities in respect of such goods , as if the contract contained
in the bill of lading had been made with himself. *
1
Not to affect
stop
4. Nothing herein contained shall prejudice or affect any
page in tran: right of stoppage in transitu, or any right to claim freight
situ or claims against the original shipper or owner, orany liability of the
(18 & 19 Vic. consignee or endorsee by reason or in consequence of his being
c. 111 , s. 2. ] such consignee, or endorsee, or of his receipt of the goods by
reason or in consequence of such consignment or endorsement.
Bill of lading
in hands of
5. Every bill oflading in the bandsof a consignee or endorsee
consignee, for valuable consideration representing goods to have been
&c. , con . shipped on board a vessel, shall be conclusive evidence of such
evidence of shipment as against the master or other person signing the
the shipment same, notwithstanding that such goods or some part thereof
master, &c. may not have been so shipped , unless such holder of the bill of
[18.& 19 3.Vic] . lading shall have had actual notice at the time of receiving the
. 111 ,
same that the goods had not been in fact laden on board : pro
Proviso . vided that the master or other person so signing may exonerate
Linself in respect of such misrepresentation by showing that it
was caused without any default on his part, and wholly by the
fraud of the shipper, or of the holder, or some person under
whom the holder claims.
COMPANIES. [ 30 OF 1886. ] 875
No. 30 OF 1886.
An Ordinance entitled An Ordinance to amend the nances
[ See Ordi
No. 1
Companies Ordinances 1865 to 1886. of 1865 , No.
3 of 1866,
[12th January, 1887.] No. 1 of 1877,
No. 14 of
WHE HEREASit is desirable that certain imperial acts amend- 1881; wide.No.
ing the law relating to joint stock companies should
25 of 1890. ]
be introduced into the Colony :
* * **
PART I.
Preliminary.
1. This ordinance may be cited for all purposes as The Short title
Companies Ordinance, 1886 and shall so far as is consistent and construc
with the tenor thereof be construed as one with The Companies
Ordinances 1865 to 1881 and all ordinances amending the same
and the said ordinances and this ordinance may be referred to
as The Companies Ordinances 1865 to 1886 .
PART II ,
Joint stock companies arrangement.
2. Where any compromise or arrangement shall be proposed Where com
between a company which is, at the time of the passing of this promise
proposed .
ordinance or afterwards , in the course of being wound up, either Courtmay
voluntarily or by or under the supervision of the Supreme ing ofacred
Court, under The Companies Ordinances 1865 to 1886 or any of itors,&e asc.,to
decid to
them, and the creditors of such company, or any class of such such com
creditors, it shall be lawful for the Court, in addition to any promise.
(33 & 34 V. c.
other of its powers , on the application in a summary way of 104, S. 2.
any creditor or the liquidator, to order that ameeting of such
be summoned in such manner
creditors or class of creditors shall
as the Court shall direct, and if a majority in number represent
ing three fourths in value of such creditors or class of creditors
present either in person or by proxy at such meeting shall
agree to any arrangement or compromise, such arrangement or
compromise shall, if sanctioned by an order of the Court, be
binding on all such creditors or class of creditors, as the case
may be, and also on the liquidator and contributories of the said
company.
3. The word company in the last section shall mean any Interpreta .
company
1865 .
liable to be wound up under The Companies Ordinance,' s tion:
[ 1bid. s. 3. ]
876 [ 30 OF 1886. ] COMPANIES .
PART III.
Reduction of Capital.
Construction
of capital ; 4. The word capital as used in The Companies Ordinance,
Power to
recluce
1877, shall include paid up capital; and the power to reduce
capital : capital conferred by that ordinance shall include a power to
[40 and 41.V.
C. 26 , s. 3. ]
cancel any lost capital, or any capital unrepresented by available
>
assets or to pay off any capital which may be in excess of the
wants of the company ; and paid up capital may be reduced
either with or without extinguishing or reducing the liability
( if any ) remaining on the shares of the company and to the
extent to which such liability is not extinguished or reduced,
it shall be deemed to be preserved, notwithstanding any thing
contained in The Companies Ordinance, 1877.
Application
of Ordinance
5. The provisions of The Companies Ordinance, 1877, as
No. 1 of 1877, amended by this ordinance, shall apply to any company reducing
[ Ibid. s.4. ] its capital in pursuance of this ordinance and of The Companies
Ordinance, 1877, as amended by this ordinance: provided that
where the reduction of the capital of a company does not involve
either the diminution of any liability in respect of unpaid capital
or the payment to any shareholder of any paid up capital .
( 1.) The creditors of the company shall not unless the
Court otherwise direct, be entitled to object or 1
required to consent to the reduction ;; and
1
( 2. ) It shall not be necessary before the presentation of 1
the petition for confirming the reduction to add,
and the Court may , if it thinks it expedient so to
do, dispense altogether with the addition of the
words and reduced as mentioned in The Companies
Ordinance, 1877.
In any case that the Court thinks fit so to do, it may require
the company to publish in such manner as it thinks fit the
reasons for the reduction of its capital or such other information
in regard to the reduction of its c:1pital as the Court may think
expedient with a view to give proper information to the public
in relation to the reduction of its capital by a company , and, if
the Court thinks fit, the causes which led to such reduction.
The minute required to be registered in the case of reduction
of capital shall show , in addition to the other particulars re
quired by law, the amount ( if any ) at the date of the registra
tion of the minute proposed to be deemed to have been paid up
on each share.
Power to
6. Any company limited by shares may so far modify the
capital by the conditions contained in its memorandum of association, if au
cancelling of thorised so to do by its regulations as originally framed or as
unissued
shares . altered by special resolution , as to reduce its capital by cancell
[ Ibid. s. 5.] ing any shares which, at the date of the passing of such resolu
COMPANIES. [ 30 OF 1886. ] 877
tion , have not been taken or agreed to be taken by any person ;
and the provisions of The Companies Ordinance, 1877 shall
not apply to any reduction of capital made in pursuance of this
section .
PART IV.
Accumulated profits.
7. When any company has accumulated a sum of undivided Accumulated
profits, which with the consent of the shareholders may be dis- returned
profitsema toay be
tributed among the sharehol«lers in the form of aa dividend or sharehol ders
in reduction
bonus, it shall be lawful for the company , by special resolution, of paid--up
to return the same, or any part thereof, to the shareholders in capital,
( 43 V. c. 19,
reduction of the paid up capital of the company, the unpaid s$. 3.]]
capital being thereby increased by a similar amount. The
powers vested in the directors of making calls upon the share
holders in respect of moneys unpaid upon their shares shall
extend to the amount of the unpaid capital as augmented by
such reduction .
8. No such special resolution as aforesaid shall take effect toNotakeresolution
effect
until a memorandum , showing the particulars required by law till particu
in the case of a reduction of capital by order of the Court , shall register
lars havebeen
ed.
have been produced to and registered by the registrar of com- (13 V.v.c. 19,
panies. 8. 4. ]
9. Upon any reduction of paid up capital made in pursuance shareholder
Power to any
of this ordinance, it shall be lawful for any shareholder, or for within one
any one or more of several joint shareholders, within one month month after
after the passing of the special resolution for such reduction, to resolution to
require the company to retain, and the company shall retain require com .
accordingly , the whole of the moneys actually paid upon the monkeys pati na
shares held by such person, either alone or jointly with any upon shares
other person or persons, and which, in consequence of such person ,
reduction, would otherwise be returned to him or them , and .(435. ]y. c. 19,
thereupon the shares in respect of which the said moneys shall
be so retained shall, in regard to the payment of dividends
thereon , be deemed to be paid up to the same extent only as
the shares on which payment as aforesaid has been accepted by
the shareholders in reduction of their paid up capital, and the
company shall invest and keep invested the moneys so retained
in such securities, as may be authorised by the Supreme Court,
and upon the money so invested , or upon so much thereof as
from time to time exceeds, the amount of calls subsequently
made upon the shares in respect of which such moneys shall
have been retained , the company shall pay such interest as shall
be received by them from time to time on such securities , and
the amount so retained and invested shall be held to represent
the future calls which may be made to replace the capital so
878 [ 30 OF 1886. ] COMPANIES .
reduced on those shares, whether the amount obtained on sale
of the whole or such proportion thereof as represents the amount
of any call when made, produces more or less than the amount
of such call .
Company to
specify
10. From and after such reduction of capital the company
amounts shall specify in the annual lists ofmembers, to bemade by them
holders have in pursuance of the twenty -fifth section of The Companies Or
required them dinance, 1865, the amounts which any of the shareholders of
to retain
under s. 10 ; the company shall have required the company to retain , and
*
also to specify
amounts of
the company shall have retained accordingly, in pursuance of
profits return the 9th section of this ordinance and the company shall also
ed to share
holders . specify in the statements of account laid before any general
(43 v.c.19, meeting of the company the amount of the undivided profits of
5. 6. ] the company which shall have been returned to the shareholders
( * 9. ] in reduction of the paid up capital of the company under this
ordinance .
PART V.
Defunct companies.
Power of
Registrar to 11. ( 1. ) Where the registrar of companies has reasonable
strike names
of defunct
cause to believe that a company, whether regis
companies off tered before or after the passingof this ordinance,
register. is not carrying on business or in operation , he
[ 43 V. c . 19, shall send to the company a letter inquiring
s. 7. ]
whether the company is carrying on business or
in operation.
( 2. ) If the Registrar does not within one month of send
ing the letter receive any answer thereto, he shall
within fourteen days after the expiration of the
month send to the company a second letter re
ferring to the first letter, and stating that no
answer thereto has been received by the Regis
trar, and that if an answer is not received to the
second letter within one month from the date
thereof, a notice will be published in the Gazette
with a view to striking the name of the company
off the register.
( 3. ) If the Registrar either receives an answer from the
company to the effect that it is not carrying on
business or in operation, or does not within one
month after sending the second letter receive any
answer thereto, the Registrar may publish in the
Gazette and send to the company a notice that at
the expiration of three months from the date of
that notice the name of the company mentioned
COMPANIES . [ 30 or 1886. ] 879
therein will , unless cause is shown to the contrary ,
be struck off the register and the company will be
dissolved .
( 4. ) At the expiration of the time mentioned in the notice
the Registrar may, unless cause to the contrary
is previously shown by such company, strike the
name of such company off the register, and shall
publish notice thereof in the Gazette, and on the
publication in the Gazette of such last mentioned
notice the company whose name is so struck off
shall be dissolved : provided that the liability ( if
any ) of every director, managing officer, and mem
ber of the company sball continue and may be
enforced as if the company had not been dissolved.
( 5. ) If any company or member thereof feels aggrieved by
the name of such company having been struck off
the register in pursuance of this section, the com
pany or member may apply to the Supreme Court
and the Court, if satisfied that the company was
at the time of the striking off carrying on business
or in operation, and that it is just so to do, may
order the name of the company to be restored to
the register, and thereupon the company shall be
deemed to have continued in existence as if the
name thereof had never been struck off ; and the
Court may by the order give such directions and
make such provisions as seem just for placing
the company and all other persons in the same
position as nearly as may be as if the name of
the company had never been struck off.
( 6. ) A letter or notice authorised or required for the
purposes of this section to be sent to a company
may either be sent by post or may be delivered
by hand addressed to the company at its regis.
tered office, or, if no office has been registered,
addressed to the care of some director or officer
of the company, or if there be no director or
officer of the company whose name and address
are known to the Registrar, the letter or notice ( in
identical form ) may be sent or delivered to each
of the persons who subscribed the memorandum
of association, addressed to him at the address
mentioned in that memorandum.
( 7. ) In the execution of his duties under this section the
Registrar shall conform to any regulations which
may be from time to time ma le by the Governor
in Council.
880 [ 30 OF 1886. ] COMPANIES .
PART VI.
Claims in winding-up.
Judicature
Act 1873 sec. 12. In the winding -iip of any company under The Companies
10 . Ordinances 1865 to 1886 whose assets may prove insufficient
for the payment of its debts and liabilities and the costs of
winding -up, the same rules shall prevail and be observed as to
the respective rights of secured and unsecured creditors as to
debts and liabilities provable and as to the valuation of annui
ties and future and contingent liabilites respectively as may be
in force for the time being under the law of bankruptcy with
respect to the estate of persons adjudged bankrupt ; and all
persons who in any such case would be entitled to prove for
and receive dividends out of the assets of any such company
may come in under the winding -up of such coinpany, and make
such claim against the same as they may be entitled to under
any proceedings in bankruptcy.
Wages and
salary to be
13. In the distribution of the assets of any company being
preferential wound up under The Companies Ordinances 1865 to 1886, there
claims.
shall be paid in priority to other debts,
( 46 & 47 V. c.
28, s. 4. ] (a.) All wages or salary of any clerk or servant in respect
of service rendered to the company during four
months before the commencement of the winding
up not exceeding two hundred and forty dollars ;
and
( 1. ) All wages of any labourer or workman in respect of
services rendered to the company during two
months before the commencement of the winding
up .
1
Such claims 1
to rank 14. The debts mentioned in the preceding section shall rank 1
equally. equally among themselves, and shall be paid in full, unless the
(16 & 17 v. c. assets of the company are insufficient to meet them , in which
28, s. 5.]
case they shall abate in equal proportions between themselves.
Liquidator to 15. Subject to the retention of such sums as may be necessary
discharge
same upon for the costs of administration or otherwise, the liquidator or
receipt of
sufficient
liquidators or official liquidator shall discharge the said last
assets. mentioned debts forthwith, so far as the assets of the company
[46 & 17V.
28, s. 6. ]
c. are and will be sufficient to ineet them , as and when such assets
come into the hands of such liquidator or liquidators or official
liquidator.
PART VII.
Miscellaneous.
Reception as 16. And whereas it is expedient to make provision for the
legalevidence reception as legal evidence of certiticates of incorporation other
COMPANIES . [ 30 of 1886. ] 881
than the original certificates, and of certified copies of and of certified
extracts froin any documents filed and registered under The copies.
10 & 41 V. c.
Companies Ordinances 1865 to 1886 : any 26 , s . 6. ]
certificate of the incorporation of any company given by the
registrar of companies shall be received in evidence as if it were
the original certificate; and any copy of or extract from any of the
documents or part of the documents kept and registered at the
office for the registration of joint stock companies within the
Colony, if duly certified to be a true copy under the band of the
registrar of companies and whom it shall not be necessary to
prove to be such registrar , shall, in all legal proceedings, civil or
criminal, and in all cases whatsoever, be received in evidence as
of equal validity with the original document.
17. The rules contained in the schedule hereto shall be the Rules.
rules under and for the purposes of The Companies Ordinances
1865 to 1886, provided that such rules may be altered, added
to or annulled in manner directed by the said ordinances.
SCHEDULE ABOVE REFERRED TO .
Petition to wind up company.
1. In the construction of these rules: Construction .
The word the Judge shall mean any Judge of the Supreme Court to
whom application is made under The Companies Ordinances, 1865
to 1886 or these rules or any rules added or altered under the
provisions of the said ordinances or these rules, and
The word the Registrar shall mean the Registrar of the Supreme
Court.
2. Every petition for the winding -up of any company by the Court, or Title of petition.
subject to the supervision of the Court and all notices, atfidavits and other (England
General )orders
Nov.
proceedings under such petition shall be entitled in the matter of the Companies 1802,rule 1.)
Ordinances 1865 to 1886 and of the company to which such petition shall
relate, describing the company by its most usual style or firm name.
3. Every such petition shall be advertised seven clear days before the Advertisement
of
hearing once in the Gazette, and once at least in one of the Hong kong daily if biletition.
newspapers .
The advertisement shall state the day on which the petition was presented,
and the name and address of the petitioner or petitioners and of bis or their
solicitor.
4. Every such petition shall, unless presented by the company, be served Service of
at the registered office (if any) of the company, and if there be no registered (1bid.
petitionr. .3.)
office, then at the principal, or last known principal place of business of the
company in the Colony, if any such can be found, upon any member, officer,
or servant of the company there, or in case no such member, officer, or servant
can be found there, then by being left at such registered office or principal
place of business, or by being served on such member or members of the
company as the Court may direct ; and every petition for the winding -up of
a company subject to the supervision of the Court shall also be served upon
the liquidator
company
(if any) appointed for the purpose of winding -up the affairs of
the .
882
[ 30 OF 1886. ] COMPANIES .
Affidavit verify .
ing petition .
5. Every petition for the winding- up of any company by the Court, or
[ Ibid. r. 4.) subject to the supervision of the Court, shall be verified by an affidavit
referring thereto , such affidavit shall be made by the petitioner, or by one of
the petitioners, if more than one, or, in case the petition is presented by the
company, by some director, secretary, or other principal officer thereof ; and
shall be sworn after and filed within four days, after the petition is presented ,
and such affidavit shall be sufficient primâ facie evidence of the statements
in the petition .
Copies of petition
to be supplied. 6. Every contributory or creditor of the company shall be entitled to be
[ Ibid. r. 5.) furnished by the solicitor to the petitioner, with a copy of the petition, within
twenty - four hours after requiring the same on paying at the rate of 10 cents
per folio of seventy -two words for such copy.
Order to wind -up company.
Advertisement
and service of 7. Every order for the winding -up of a company, by the Court or subject
order.
[ Ibid . r. 6.]
to its supervision , shall within twelve days after the date thereof, be advertised
by the petitioner once in the Gazette, and shall be served upon such persons
( if any ) and in such manner as the Court may direct.
Proceedings on
order. 8. Within ten days after the date of the order to wind up a summons may
[ Ibid . r.7.] be taken out by the petitioner to proceed with the winding -up of the company
and in default thereof such summons may be taken out by any other person
interested in the winding -up and in case the summons be taken out by any
other person than the petitioner the Judge may , if he thinks fit, give the
carriage and prosecution of the orde to such person. ch simmons shall
be served upon all parties who may bave appeared upon the hearing of the
petition. Upon the return of such summons, a time shall, if the Judge thinks
fit, be fixed for the appointment of an official liquidator and for the proof of
debts and for the list of contributories to be brought in and directions may be
given as to the advertisements to be issued for all or any of such purposes,
and generally as to the proceedings and the parties to attend thereon . The
proceedings under the order shall be continued by adjournment, and when
necessary, by further summons, and any such direction as aforesaid may be
given, added to, or varied, at any subsequent time, as may be found necessary.
Official liquidator.
Appointment of
officialliquidatır. 9. The Judge may appoint & person to the office of official liquidator,
[ Ibid . r. 8.) without previous advertisement or notice to any party, or fix a time and place
for the appointment of an official liquidator, and may appoint or reject any
person nominated at such time and place, and appoint any person not so
nominated .
Advertisement
as to appoint 10. Wben a time and place are fixed for the appointment of an official
ment .
[ Ibid . r. 9.)
liquidator, such time and place shall be advertised in such manner as the
Judge shall direct, so that the first or only advertisement shall be published
within fourteen days and not less than seven days before the date so fixed .
Security of
official liquidator, 11. Every official liquidator shall give security by entering into a re
( Ibid. r . 10.) cognizance with two or more sufficient sureties in such sum as the Judge may
approve; and the Judge may, if he shall think fit, accept the security ofany
guarantee society established by charter or act of Parliament in England or
local.ordinance in lieu of the security of such sureties as aforesaid, or of any
of them .
Order appoint
ing official 12. The official liquidator shall be appointed by order, and unless he shall
liquidator .
( ibid . r. 11.)
have given security, a time shall be fixed by such order within which he is to
do so : and the order shall fix the times or periods at which the official liqui
dator is to leave his accounts of his receipts with the Registrar, and shall
direct that all moneys to be received shall be paid into Court or into such
bank as the Court may direct immediately after the receipt thereof to the
COMPANIES . ( 30 OF 1886. ] SS3
account of the official liquidator of the company, and if paid into a bank an
account shall be opened there accordingly and an office copy of the order
shall be lodged at such bank .
13. When an official liquidator bas given security pursuant to the direc- Certificate of .
tions in the order appointing him , the same shall be certified by the [ Ibid. r. 12.
Registrar as in the case of a receiver appointed in a suit subject to giving
security.
14. The official liquidator shall on each occasion of passing his account when
Fresh security
requireil,
and also whensoever the Judge may so require, satisfy the Judge that his [ /bit. r . 13.
sureties are living, and resident in the Colony and have not been ahjudged
bankrupt or become insolvent, and in default thereof he may be required to
enter into fresh security within such time as shall be directed .
15. Every appointment of an official liquidator shall be advertised in such Advertisement
of appointinent
manner as the Judge shall direct, immediately after he has been appointed, mule.
( 7 bid . r . 11. )
and has given security .
16. Where it is desired to appoint provisionally an official liquidator an othicial
Provisional
application for that purpose may at any time after the presentation of the liquidator.
petition for winding-11p the company, be male by summons, withont advertise . [ivid.r. 15.)
mert or notice to any person , imless the Judge shall otherwise direct ; and
such provisional official liquidator may, if the Judge shall think fit , be
appointed withont security.
17. In case of the death , removal, or resignation of an official liquidator office
Vreaney in
of othoial
another shall be appointed in his room , in the same manner as directed in the liqnidator .
case of a first appointment, and the proceedings for that purpose may be taken (ivid.r. 16.)
by such party interested as may be authorized by the Judge to take the same.
18. The official liquidator shall, with all convenient speel after he is Accounts.
appointeil, proceed to make up, continue, complete, and rectify the books of thi . t. 17.)
account of the company, and shall provide and keep such books of account
as shall be necessary , or as the Judge may direct, for the purposes aforesaid ,
and for shewing the debts and credits of the company, including a lelger
which shall contain the separate accounts of the contributories, and in which
every contributory shall be debited from time to time with the amount payable
hoy him in respect of any call to be made as provided by The Companies
Ordinances 1865 to 1886 and these rules.
19. The official liquidator shall be allowed in his accounts, or otherwise Remuneration
of liquidatur.
paid , such salary or iemuneration as the Judge may from time to time direct [ 1 bid . r, 18. ]
including any necessary employment of assistants or clerks by the official
liquidator, to which regard shall be had , and such salary or remuneration may
cither be fixed at the time of his appointment, or at any time thereafter, as
the Judge may think fit. Every allowance of such salary or remuneration,
unless madle at the time of his appointment, or upon passing an account, shall
be made upon application for that purpose by the official liquidator, on notice
to such persons (if any ), and supported by such evidence as the Judge shall
require : nevertheless, the Judge may from time to time allow any sum be
may think fit to the official liquidator, on account of the salary or remmmera
tion to be thereafter allowe: l .
20. The accounts of the liquidator shall be left with the Registrar at the Passingaccounts
times directed by the order appointing him , and at such other times as may :19.)
from time to time be required by the Judge, and such accounts shall, upon
notice to such parties (if any) as the Judge shall direct, be passed and verified
in the same manner as receivers' accounts .
Proof of debts.
21. For the purpose of ascertaining the debts and claims due from the for Advertis ement
creditors .
company, and of requiring the creditors to come in and prove their debts or ( Ibid. r.2 .]
834 [ 30 or 1886. ] COMPANIES .
claims, an advertisement shall be issued, at such time as the Judge shall direct
and such advertisement shall fix a time for the creditors to send their names
and addresses, and the particulars of their debts or claims, and the names and
addresses of their solicitors (if any ), to the official liquidator, and appoint a
day for adjudicating thereon .
Attendance of
creditors . 22. The creditors need not attend upon the adjudication, nor prove their
Ibid . r. 21. ] debts or claims, unless they are required to do so by notice from the official
liquidator ; but upon such notice being given , they are to come in and prove
their debts or claims within a time to be therein specified.
List of debts.
(Ibid, r. 22.) 23. The official liquidator shall investigate the debts and claims sent in
to him , and ascertain, so far as he is able, which of such debts and claims
are justly due from the conipany and he shall make out and leave with the
Registrar a list of all the debts and claims sent in to him , distinguishing
which of the debts and claims, or parts of debts and claims so claimed, are,
in his opinion, justly due and proper to be allowed without further evidence,
and which of them , in his opinion, ought to be proved by the creditors and
he shall make and file, prior to the time appointed for a ljudication,an affidavit
setting forth which of the debts and claims in his opinion are justly due anil
proper to be allowed without further evidence, and stating his belief that such
debts and claims are justly due and proper to be allowedl, and the reasons for
such belief.
Allowance of
debts , 24. At the time appointed for adjudicating upon the debts and claims, or
[ Ibid. r. 23.) at any adjourumentthereof, the Julge may either allow the debts and claims
upon the affidavit of the official liqnidator, or may require the same, or any
of them , to be proved by the claimants, and adjourn the adjudication thereon
to a time to be then fixed ; and the official liquidator shall give notice to the
creditors whose debts or claims have been so allowed of such allowance.
Proof of debts.
[Ibid. r. 21.] 25. The official liquidator shall give notice to the creditors whose debts
or claims have not been allowed upon his affidavit , that they are required to
come in and prove the same by a day to be therein named, being not less than 1
four days after such notice, and to attend at a time to be therein named ,
being the time appointed by the advertisement, or by adjournment (as the
case may be) for adjudicating upon such debts and claims.
Date of valnation
of debts. 26. The value of such debts and claims as are made admissible to proof
[lbid, r. 25.] by the 146th section of The Companies Ordinance 1865 shall so far as is
possible, be estimated according to the value thereof at the date of the order
to wind -up the company .
Interest on
debts.
27. Interest on such debts and claims as shall be allowed shall be com
[ Ibid. r. 24.) puted, as to such of them as carry interest, after the rate they respectively
carry ; any creditor whose debt or claim so allowed does not carry interest,
shall be entitled to interest, at such rate per cent per annum as may from
( No. 7 of 1886.) time to time be allowed by the Court or a Judge under The Usury Ordinance
1886 from ihe date of the order to wind -up the company, out of any assets
which may remain after satisfying the costs of the winding-up, the debts and
claims established, and the interest of such debts and claims as by law carry
interest.
Costs of proof.
[ Ibid, r. 27.] 28. Such creditors as come in and prove their debts or claims pursuant to
notice from the official liquidator, shall be allowed their costs of proof, in the
same manner as in the case of debts proved in a suit.
Registrar's
certificate of
debts .
29. The result of the adjudication upon debts and claims shall be state :
[ Ibid . r. 28.) in a certificate to be made by the Registrar and certificates as to any of such
debts anil claims may be ma le from time to time. All such certificates shall
state whether the debts or claims are allowed or disallowed , and whether allowed
as against any particular assets, or in any other qualified or special manner.
COMPANIES . (30 of 1886. ) 88.5
List of contributories.
30. The official liquidator shall, with all convenient speed after his appoint- List of. contrib
ment, or at such time as the Judge shall direct, make out and leave with the (Ibid.r.23.)
Registrar, a list of the contributories of the company, and such list shall be
Verified by the affidavit of the official liquidator, and shall, so far as is practi
cable, state the respective a luresses of , and the number of shares or extent
of interest to be attributed to each such contributory, and distinguish the
several classes of contributories. And such list may from time to time, by
leave of the Judge, be varied or added to by the official liquidator.
31. Upon the list of the contributories being left with the Registrar the appointn
Notice of:ent
official liquidator shall obtain an appointment for the Judge to settle the same, io'settie.
and shall give notice in writing of such appointment to every person included (Ibid. r. 30.]
in such list, and stating in what character and for what number of shares, or
interest, such person is included in the list ; and in case any variation or
addition to such list shall at any time be made by the official liquidator, a
similar notice in writing shall be given to every person to whom such varia
tion or addition applies. All such notices shall be served four clear days
before the day appointed to settle such list or such variation or addition,
32. The result of the settlement of the list of contributories shall be stated certiticate
Registrar's.
in a certificate by the Registrar and certificates may be made from time to
a
( Ibid . r. 31.]
time for the purpose of stating the result of such settlement down to any
particular time, or as to any particular person , or stating any variation of the
list .
Sales of property .
33. Any real or personal property belonging to the company may be sold property
Sales of
with the approbation of the Judge, in the same mamer as in the case of a Tid.r.32.1
sale under a decree or order of the Court in a suit, or, if the Judge shall so
direct, by the official liquidator ; and upon any such sale by the official
liquidator, the conditions or contracts of sale shall be settled and approved
of by the Judge, unless he shall otherwise direct, and the Judge may, if he
thinks fit , direct such conditious and contracts , and the abstract of the title
to the property, to be submitted to counsel and may, on any sale by public
auction , fix a reserved bidding ; and, unless on account of the small amount of
the purchase moneys or other cause it shall, having regard to the amount of
the security given by the official liquidator, le thought proper that the purchase
moneys shall be paid to him , all conditions and contracts of sale shall provide
that the purchase moneys shall be paid by the respective purchasers into
Court or into such bank as the Court may direct to the accoumt of the official
liquidator of the company .
Colls.
24 Every application to the Junge to make any call on the contributories Summons for
or any of them , for any purpose authorized by The Companies Ordinances calls
( Ibid . r. 33.)
1865 to 1886 shall be inade by summons, stating the proposed amount of such
call ; and such summons shall be served four clear days at the least before the
day appointed for making the call, on every contributory proposed to be
included in such call ; or if the Judge shall so direct, notice of such intended
call may be given by advertiseinent.
35. When any order for a call has been made, a copy thereof shall be service. of
forth with served upon each of the contributories included in such call, together (Ibid.r.34.)
with a notice from the official liquidator specifying the amount or balance
due from such contributory (having regard to the provisions of the said
ordinances) in respect of such call, but such order need not be advertised
unless for any special reason the Judge shall so direct.
SSG [ 30 OF 1886. ] COMPANIES .
Proceedings
uniler order.
36. At the time of making an order for a call, the further proceedings
[ Ibid , r. 35. ] relating thereto shall be adjourned to a time subsequent to the day appointed
for the payment thereof, and afterwards from time to time so long as may be
necessary ; and at the time appointed by any such adjournment, or upon a
summons to enforce payment of the call, duly served, and upon proof of the
service of the order and notice of the amontdne, and non -payment an order
may be made for such of the contributories who have made default, or of
such of them against whom it shall be thought proper to make such oriler,
to pay the sum wbich by such former order and notice they were respectively
required to pay, or any less sum which may appear to be due from them
respectively.
Payment in of moneys and deposit of securities.
Default of
payment into
37. If any official liquidator shall not pay all the moneys received by him
Conrt or bank , into Court or such bank as aforesaid to the account of the official liquidator
(Ibid . r . 30.) of the company, within seven days next after the receipt thereof, unless the
Judge shall have otherwise directed , such official liquidator shall be charged
in bis account with $ 5 for every $500 and a proportionate sum for any larger
amount, retained in his bands beyond such period , for every seven days during
which the same shall have been so retained, and the Judge may , for any such
retention , disallow the salary or remuneration of such official liquidator.
Bills, & c ., to
be depositeri in
33. All bills, notes, and other securities payable to the company or to the
Court or a bank . official liquidator thereof shall, as soon as they shall come to the hands of
[Ibid . r . 37. such official liquidator, be deposited by him in Court or such bank as the
Court may direct for the purpose of being presented by the Registrar or by
the bank (as the case may be) for acceptance and payment, or for payment
only, (as the case may be ).
( all, & c . to
be paid into
39. All orders for payment of calls, balances, or other moneys due from
( ourt or bank , any contributory or other person , shall direct the same to be paid into Court
[ 1 billi ' r. 38. ] or such bank as the Court may direct to the account of the official liquidator
of the company, unless on account of the smallness of the amount or other
cause , it shall, having regard to the amount of the security given by the
official liqnidator, be thought proper to direct payment thereof to the official
liquidator; provided that where any such order has been made directing pay
ment of a specific sum into Court or some bank in case it shall be thought
proper for the purpose of enabling the official liquidator to issue execution or
take other proceedings to enforce the payment thereof, or for any other reason ,
an order may, either before service of such former order, or after the time
thereby fixed for payment, be made, without notice, for payment of the same
sum to the oflicial liquidator.
Notice as to
larment into 40. At the time of the service of any order for payment into Court or such
Court or bank .
( 7 bid . r . 38.]
bank as aforesaid the official liquidator shall give to the party served a notice,
for the purpose of informing him how the payment is to be made; and before
the time fixed for such payment, the liquiilator shall furnish the Registrar or
the cashier of such bank as aforesaid with a certificate of payment to be
signed by the Registrar or cashier and delivered to the party paying in the
money therein mentioned.
Affidavit of
non -payment.
41. For the purpose of enforcing any order for payment of money into
IIbid . r . 10.) Court or into a bank an affidavit of non -payment by ihe official liquidator
shall be suflicient cvidence of the non -payment thereof.
Title of account
of money's paid 42. All money's , bills, notes, and other securities paid and delivered into
in . Court or into a bank shall be placed to the credit of the account of the official
[ 1bid. r . 41.)
liquidator of the company ; and orders for any such payment and delivery
shall direct the same accordingly.
COMPANIES. ( 30 OF 1886.] SS7
Delivery out of securities, and payment out and inrestment of moneys.
43. All bills, notes, and other securities delivered into Court or to any Cheques
requests .
and
such bank as aforesail, shall be delivered out upon a request signed by the a bid, r . 42.)
official liquidator, and countersigned by the Registrar and moneys placed to
the account of the official liquidator shall be paid ont upon cheques or orders
signed by the official liquidator and countersigned by the Registrar.
44. All or any part of themoney for the time being standing to the credit Investment,
[ 43.
of the account of the official liquidator in Court or at any such bank as afore
said and not immediately required for the purposes of the winding -up, may
be invested as the Court may direct in the name of the official liquidator.
All such investments shall be made upon a request signed by the official
liquidator, and countersigned by the Registrar and which request shall be a
sufficient authority for debiting the account with the purchase money and the
securities share-certificates or other documents representing such investments
shall be retained by or deposited with the Registrar or such bank as aforesaid
in the name and on behalf of the official liquidator and such investments shall
not afterwards be sold or transferred or otherwise dealt with except upou at
direction for that purpose signed by the oflicial liquidator and countersigned
by the Registrar or under an order to be made by the Judge.
45. All dividends and interest to acerne due upon any such investments dividends.
Receipt of
shall from time to time be received by the Registrar or by such bauk as afore [ Ibid . r. 44.)
said under a power of attorney to be executed by the oflicial liquidator and
placed to the credit of the account of such official liquidator.
Meetings of creditors or contributories.
46. When the Judge shall direct a meeting of the creditors or contribn- Notice.
tories of the company to be summoned under the 88th or 137th section of Ibid. r.45.]
“ The Companies Ordinance 1865 " ; the official liquidator shall give notice in
writing seven clear days before the day appointed for such meeting, to every
crelitor or contributory, of the time and place appointed for such meeting,
and of the matter upon which the Judge desires to ascertain the wishes of
the creditors or contributories ; or, if the Judge shall so direct, such notice
may be given by advertisement in which case the object of the meeting need
not be stated, and it shall not be necessary to insert such advertisement in
the Gazette.
47. The votes of the creditors or contributories of the company at any Votes.
( 1 bid , r. 46. ]
meeting summoned by the direction of the Judge, inay be given either per
sonally or by proxy but no creditor shall appoint a proxy who is not a crelitor
of the company whose debt or claim has been allowel, and no contributory
shall appoint a proxy who is not a contributory of the company,
48. The direction of the Judge for any meeting of creditors cr contribu- Nemorandum as
tories under the 88th or 137th section of " The Companies Ordinance 1865 " toing.calling meet.
and the appointment of a person to act as chairman of any such meeting, [ibid. r. 47.}
shall be testified by a memorandum signed by the Registrar.
Direction or sanction of the Judge.
49. The sanction of the Judge to the drawing, accepting, making and bill of exchange
iudorsing of any bill of exchange or promissory note by any official liquidator note
orpromissory
.
sball be testified by a memorandum on such bill of exchange, or promissory [Ibid.r. 48.)
note , signed by the Registrar.
50. Every application for the sanction of the Judge to a compromise with [compromise.
1 bid r. 49. )
any contributory or other person indebted to the company shall be supported
by the affidavit of the official liquidator that he has investigated the affairs
of such contributory or person ,and stating his belief that the proposeil com
SSS [ 30 of 1886.] COMPANIES .
promise will be beneficial to the company, and his reasons for such belief;
and the sanction of the Judge thereto shall be testified by a memorandum ,
signed by thı. Registrar on the agreement of compromise unless any party
shall desire to appeal from the decision of the Judge, in which case an order
shall be drawn up for that purpose.
Other cases.
( Ibid. r. 50.)
51. The direction , or sanction of the Judge for any other proceeding or
act to be taken or done by the official liquidator shall le obtained upon sum
mons, and an order shall be drawn up thereon, unless the Judge shall other
wise direct.
Application to the Court or Judge under sections 125,
126, 129, 155 and 156 of the Companies
Ordinance 1865 .
Application how
made. 52. Every application under the 125th, 126th or 129th section of “ The
u bid . r.51 .) Companies Ordinance 1865 ” shall be made by petition or motion, or if the
Judge shall so direct, by summons at chambers ; and every application under
the 155th or 1561h section of the said ordinance shall be made by petition .
Orders.
Drawing up
orders, 53. All orders made in chambers shall be drawn up in chambers, unless
[ I bil. r. 52. ] specially directed to be drawn up by the Registrar and shall be entered in
the same manner, as other orders made in chambers.
Adrertisements.
Insertion of
advertisements.
54. When an advertisement is required for any purpose except where
( 7 bid , r. 53.] otherwise directed by these rules, the advertisement shall be inserted once in
the Gazette, and in such other newspaper or newspapers, and for such nunber
of times as may be directed. The Judge may, in such cases as he shall think
fit, dispense with any advertisement required by these rules.
Admission of documents.
Notice to admit .
[ Ibid. r. 51.]
65. Any party to any proceeding in Court or chambers relating to the
winding-up of a company may by notice in writing call on any other party
thereto competent to admit the same, to admit any document saving all just
exceptions; and in case of refusal or neglect so to admit, the costs of proving
such document shall be paid by the party so refusing or neglecting unless
the Judge shall be of opinion that the refusal to adunit was reasonable ; and
no costs of proving any document shall be allowed unless such notice shall
have been given , except in cases where the omission to give such notice bas
been , in the opinion of the Registrar on taxation , a saving of expense.
Affidavits.
Tilling and office
copies of
56. Where an onler shall have been made for the winding -tip of any com
affidavits.
[ Ibid. r. 55.)
pany', any person intending to use any affidavit in any proceeding imder such
order, shall file the same with the Registrar and give notice thereof to the
otticial liquidator. The person , other than the official liquidator, filing the
atlidavit shall uot be required to take an office copy thereof, but an office copy
thereof shall be taken by the oflicial liquidator, and he shall produce the same
at the hearing of any application or proceeding upon which it is intended to
be used , unless the Judge shall otherwise direct.
Certificate of Registrar.
Form of Regis
trar's certificate .
57. The certificate of the Registrar shall be in such form as he may deem
[ R. S.C. necessary and when prepared and settled shall be transcribed in such form
( England ), 1883
order LV , r . 67 and within such time as the Registrar shall require, and shall be signed by
substituted for
Cons. Ord .
the Registrar either then or (if necessary ) at an adjournment to be made for
XXXT , r . 48.1
that purposes
1
SSO
COMPANIES . [39 OF 1886. ]
58. Any party may before the proceedings before the Registrar are Time for taking
conclude:1, take the opinion of the Judge upon any matter arising in the centencefaliche
before
sigued by him ,
course of the proceedings without any fresh summons for that purpose. [ Ibid. r . 69 .
Note Cons. Ord .
XXIV . r. r. 49 to
51 are not
revived .]
59. Every certificate with the accounts ( if any ) to be filed therewith shall becomes
When certificate
binding
be filed by the Registrar and shall theneforth be biniling on all the parties application to
to the proceelings unless discharged or varied upo: application by summons discharge
it. ( , orrary
to be made before the expiration of cight clear days after the filing of the
certificate .
60. The Julge may if the special circumsta : ces of the case require it upon Variation
Dischargeafter
or
an application by motion or summous for the purpose direct a2 certificate to be lapse of time,
r . 71.)
discharged or varied at any time after the same has become binding on the
parties
Register and file of proceedings.
Register of
61. Notes shall be kept of all proceedings in Chambers by the Judge's proceedings.
clerk with proper dates, so that all the proceedlings in each matter may appear Generalorder
1962 1:57.
consecutively and in chronological order with a short statement of the Consolidated
questions or points decideil or ruled at every hearing and no document or order XXXV, K.
proceelings are to be filed with the Registrar, unless the Judge shall other R. C., 1883 ,
wise direct. ( England ) Ord .
LV , r. 73.3
62. All orders, exhibits, admissions, memorandums, and office copies of File of (General
proceed
affidavits, examinations, depositions, and certificates, and all other documents ings.
order, 1862, r.58 .)
relating to the winding -up of any company , shall be filed by the official liqui
dator, as far as may be, in one continuous file a :id such file shall be kept by
him or otherwise, as the Judge may from time to time direct. Every con
tributory of the company, and every creditor thereof whose debt or claim has
been allowed, shall be entitled, at all reasonable times, to inspect such file
free of charge, and, at his own expense, to take copies or extracts from any
of the documents comprise:l therein, or to be furnished with such copies or
extracts at a rate not exceeding five cents per folio of seventy -two words ;
and such file shall be produced in Court, or before the Judge, and otherwise,
as occasion may require.
Provisional official liquidator.
63. All the above rules relating to official liquidators shall, as far as the officialliquidator.
Provisional
same are applicable, and subject to the directions of the Judge in each case, birr....
apply to provisional official liquidators.
Attendance and appearance of parties.
61. Every person for the time being, on the list of contributories of the Attendance of
company left with the Registrar by the official liquidator, and every person Ibid .r.co.]
having a debt or claim against the company, allowed by the Judge , shall be
at liberty, at his own expense, to attend the proceedings before the Julge,
and shall be entitled, upon payment of the costs occasioned thereby, to have
notice of all such proceedlings as he shall by written request desire to bave
notice of ; but if the Judge shall be of opinion that the attendance of any
such person upon any proceeding has occasione:l any auditional costs which
ought not to be borne by the funds of the company, he may direct such costs
or a gross sum in lieu thereof, to be paid by such person ; and such person
shall
Same .
not be entitled to attend any further proceedings until he has paid the
8.90
[ 30 of 1886. ] COMPANIES.
Appointment of
representative
65. The Julye may from time to time appoint any one or more of the
party . contributories, or creditors, as he thinks fit, to represent before him , at the
[Ibid . r. 61.]
expense of the company, all or any class of the contributories or creditors,
upon any question as to a compromise with any of the contributories or
creditors, cr in aurl about any other proceedings before him relating to the
winding- up of the company, and may remove the person or persons so
appointe:l. In case more than one person shall be so appointeil, they shall
unite in employing the same solicitor to represent them .
Particulars to be
given before 66. No contributory or creditor shall be entitled to attend any proceedings
attendance,
[ / bid. r . 62.)
at the Chambers of the Judge, unless and until he or his duly constitute
attrney has enterel in a book to be kept by the registrar for that purpose
his name and address, and the name au aldress of his solicitor ( if any ), and
upon any change of his adılress or of his solicitor, his new aildress, and the
name and address of his new solicitor.
Services of summons, notices, fc.
Service how
effected . 67. Services upon contribuitories and crelitors shall be effected (except
( I tid, r. 63.) when personal service is required ) by delivering the notice, or a copy of the
summons or order or other proceeding at, or by sending the same through the
post in a pre-paid letter addressed to the solicitor of the party to be served
( if any ) or otherwise to the party himself at the address entered or last entereil
pursuant to the preceding rule ; or if no such entry has been made, then , if
a contributory, at or to his last known address or place of abode ; and if a
crelitor, at or to the address given by him , pursuant to the foregoing rule
21 ; and the delivery and the time of the delivery of such notice, or copy,
summons, order, or other proceeding may be proved by the affidavit of the
party delivering the same and if such notice or copy, summons, order or other
proceeding be sent through the post as aforesaid it shall be considered as
served at the time, the same ought to be delivered in the due course of
delivery by the Post Office, and notwithstanding the same may be returned
by the Post Office.
Name of person
incomplete .
68. No service under these rules shall be deemed invalid by reason that
( 1 bid. r. 64.) the Christian name or name other than the surname or any of the Christian
names or other names aforesail of the person on whom service is sought to
be made, has been omitted or designated by initial letters, in the list of
contributories, or in the summons, order, notice, or other document wherein
the name of such contributory or creditor is contained, provided the Ju ·lge is
satisfied that such service is in other respects sufficient.
Proceedings on 69. Upon the termination of the proceedings in Chambers for the windling
termination .
[ I bid. r. 65.) up of any company, a balance-sheet shall be brought in by the official liquiilator
of his receipts and payments, and verified by his affidavit ; and the otficial
liquidator shall pass his final account, and the balance (if any) due thereon
shall be certifieil. And upon payment of such balance in such manner as the
Court or Judge shall direct, the recognizance enterezl into by the official
liquidator and his sureties may be vacated.
Dissolution of
company .
70. When the official liquidator has passed his final account, and the
[I bid . r. 66.) balance (if any) certified to be due thereon has been paid in such manner as
the Judge shall direct, a certificate sla'l be made by the Registrar that the
affairs of the company have been completely wound up ; and in case the
company bas not been alreadydissolved, the official liquidator shall, immedia
tely after such certificate has become binding, apply to the Judge for an order
that the company be dissolved from the date of such order .
Deposit of filed 71. When tl.e proceedings for winding-up any company have been com
proceedings.
(I bid. r. 67.] pleted, the file of proceedings and the book containing the official liquidator's
account, shall be deposital with the Registrar.
2
COMPANIES. [ 30 of 1886.] 8,91
Duties of solicitor of official liquidator.
72. The solicitor of the official liquidator shall conduct all such proceedings Duties of
Solicitor
as are ordinarily conducted by solicitors of the Court; and where the attendance inbid.1973.)
of his solicitor is required on any proceeding in Court or Chambers, the official
liquidator need not attend in person, except in cases where bis presence is
necessary in addition to that of his solicitor, or the Julye shall direct him to
attend .
Petition to reduce capital.
of petition
73. Every petition for an order confirming a special resolution for reducing toTitlereduce capital.
the capital of a company, and all notices, affidavits, and other proceedings (General orders
under such petition, shall be intituled in the matter of The Companies Ordi- March, 1968, r.2.)
nances 1877 and 1886 and of the company in question .
74. No such petition, as mentioned in the preceding rule, shall be placed Certificate before
in the hearing list until after the expiration of eight clear days from the filing petition
in list.
placed
of such certificate as is hereinafter mentioned in the 85th rule. [ Ibid. r. 3.)
75. When any such petition as last aforesaid has been presented, application after
Proceedings
petition
may be made, ex parte by summons in Chambers, to the Judge for directions presented .
as to the proceedings to be taken for settling the list of creditors entitled to (ibid.r.4 )
object to the proposed reduction and the Judge may thereupon fix the date
with reference to which the list of such creditors is to be made ont, pursuant
to the 12th section of The Companies Ordinance 1877 and may, either at
the same time or afterwards, as he shall think fit, give such directions as are
hereinafter mentioned in the 76th and 77th rules.
76. Notice of the presentation of the petition shall be published at such Advertisement
of petition.
times, and in such newspapers as the Judge shall direct, so that the first Zvich.T. 5.)
insertion of such notice be made not less than one calendar month before the
day of the date fixed as hereinbefore mentioned in the 75th rule.
77. The company shall, within such time as the Judge shall direct, file toAmilaritas
creditors.
with the Registrar an affidavit made by some officer or officers of the company ibid.r.6.)
competent to make the same, verifying a list containing the names and
addresses of the creditors of the company at the date fixed as hereinbefore
mentioned in the 75th rule and the amounts due to them respectively.
78. The person making such affidavit shall state therein his belief that contents
affidavit.
of
such list is correct, and that there was not at the date so fixell as aforesaid amid toit;
any debt, or claim which , if that date were the commencement of the winding -up
of the company would be admissible in proof against the company, except
the debts set forth in such list, and shall state his means of knowledge of the
matters deposed to in such affidavit .
79. Copies of such list containing the names and addresses of the creditors, list
Inspection of
of creditors.
and the total amount due to them , but omitting the amounts due to them (Tid.r.5
respectively or (as the Judge shall think fit ) complete copies of such list , shall
be kept at the regi ed office of the company and at the offices of their
solicitors and agents (ifany ) in the Colony and any person desirous of inspecting
the same may at any time during the ordinary hours of business, inspect and
take extracts from the same on payment of the sum of fifty cents.
80. The company shall, within seven days after the filing of such aflidavit, creditors,
Notice to
or such further time as the Judge may allow, send to each creditor whose ( 7 bil. r. 9. )
name is entered in the said list, a notice stating the amount of the proposed
reduction of capital, and the amount of the debt for which such creditor is
entered in the said list and the time ( such time to be fixed by the Judge )
within which if he claims to be a creditor for a larger amount, he must send
in his name and adılress, and the particulars of his debt, or claim , and the
name and address of his solicitor (if any) to the solicitor of the company ; and
such notice may be delivered by hand or sent through the post in a prepaid
letter addressed to each creditor at his last known address or place of abode.
S92 [ 30 OF 1886.] COMPANIES .
Alvertisement
as to list of
81. Notice of the list of creditors shall, after the filing of the affidavit
cre litors , mentioned in the 77th rule be published at such times, and in such newspapers,
[Ibid . r. 10 ) as the Judge shall direct. Every such notice shall state the amount of the
proposed reduction of capital, and the places where the aforesaid list of cre
ditors may be inspected and the time within which creditors of the company
who are not entered on the said list, and are desirous of being entered therein ,
must send in their names and addresses, and the particulars of their debts or
claims, and the names and addresses of their solicitors ( if any ) to the solicitor
of the company :
Affilavit as to 82. The company shall, within such time as the Judge shall direct, file,
result of rules
79 and 80 .
[I bid. r. 11.)
with the Registrar an affidavit made by the person to whom the particulars
of debts or claims are, by such notices as are hereiubefore mentioned in the
80th and 81st rules required to be sent in stating the result of such notices
respectively, and verifying a list containing the names and addresses of the
persons ( if any) who shall have sent in the particulars of their debts or claims
in pursuance of such notices respectively and the amounts of such debts or
claims and some competent officer or officers of the company shall join in
such affidavit, and shall in such list distinguish which ( if any ) of such debts
and claims are wholly, or as to any and what part thereof admitted by the
company, and which (if any) of such debts and claims are wholly, or as to
any and what part thereof, disputed by the company .
Proceedings
where claim 83. If any debt or claim , the particulars of which are so sent in, shall not
not admitted.
( Ibid . r. 12.)
be admitted by the company at its full amount, then and in every such case,
unless the company are willing to set apart and appropriate in such manner
as the Judge shall direct the full armontof sneh debt or claim , the company
shall, if the Judge thinks fit so to direct, send to the creditor, a notice that
he is required to come in and prove su : h debt or claim , or such part thereof
as is not admitted by the company, by a day to be there i wamed bing not
less than four clear days after such notice and being the time appointed by
the Judge for adjudicating upon such debts and claims, and such notice shall
be sent in the manner hereinbefore mentioned in the 80th rule.
Costs of proof.
[I bid. r . 13.) 84. Such crelitors as come in to prove their debts or claims in pursuance
of any such notice as is herein before mentioned in the 83rd rule shall be
allowel their costs of proof against the company, and be answerable for costs,
in the same manner as in the case of persons coming in to prove debts under
a judgment or decree in a suit.
Registrar's 85. The result of the settlement of the list of creditors shall be stated in
certificate as
to creditors. a certificate by the Registrar and such certificate shall state what debts or
( 1 bid. r. 14.) claims ( if any) have been disallowed , and shall distinguish the debts or claims
the full amount of which the company are willing to set apart and appropriate,
and the debts or claims (if any) the amount of which has been fixed by inquiry
and adjudication in manner provided by section 13 of “ The Companies Or
dinance 1877 " and the debts or claims (if any ) the full amount of which is
not admitted by the company, nor such as the company are willing to set
apart and appropriate, and the amount of which has not been fixed by inquiry
and adjudication as aforesaid and shall shew which of the creditors have
consented in writing to the proposed reduction, and the total amount of the
debts due to them , and the total amount of the debts or claims the payment
of which has been secured in manner provided by the said 13th section and
the persons to or by whom the same are due or claimed ; but it shall not be
necessary to shew in such certificate the several amounts of the debts or claims
of any persons who have consented in writing to the proposed reduction or
the payment of whose debts or claims has been secured as aforesaid .
Placing petition
in list . 86. After the expiration of eight clear days from the filing of such last
( I bid, r. 15.) mentioned certificate, the petition may be placed in the hearing list upon a
note from the Registrar to the Judge's clerk stating that the certificate bas
been filed and become binding.
COMPANIES . ( 30 OF 1886. ) 893
87. Before the hearing of the petition, notices stating the day on which ofAdvertisement
.
the same is appointed to be heard shall be published at such times and in (Ibid.t.16
such newspapers as the Judge shall direct.
88. Any creditor settled on the said list whose debt or claim has not, whomay appear.
before the hearing of the petition, been discharged or determined, or been 17 bid.v. 17.)
secured in manner provided by the 13th section of “ The Companies Ordinance
1877 " and who has not before the hearing signed a consent to the proposed
reduction of capital, may if he thinks fit, upon giving two clear days' notice
to the solicitor of the company of bis intention so to do, appear at the hearing
of the petition and oppose the application.
89. Where a creditor who appears at the hearing under the last preceding costs ofappear
ance .
rule is a creditor the full amount of whose debt or claim is not admitted by (7bid.r. 18.]
the company, and the validity of such debt or claim has not been inquired
into and adjudicated upon under section 13th of “ The Companies Ordinance
1877 " the costs of and occasioned by his appearance shall be dealt with as
to the Court shall seem just, but in all other cases a creditor appearing under
the last preceding rule shall be entitled to the costs of such appearance, unless
the Court shall be of opinion that in the circumstances of the particular case
bis costs ought not be allowed .
90. When the petition comes on to be hearil, the Court may, if it shall so Directions at the
hearing.
think fit, give such directions as may seem proper with reference to the ( I bid . r. 19.]
securing in manner mentioned in section 13th of “ The Companies Ordinance
1877 ” the payment of the debts or claims of any creditors who do not consent
to the proposed reduction ; and the further hearing of the petition may, if the
Court shall think fit, be adjourned for the purpose of allowing any steps to be
taken with reference to the securing in manner aforesaid the payment of such
debts or claims.
91. Where the Court makes an order confirming a reduction, such order Order confirming
reduction
shall give directions in what manner and in what newspapers, and at what tivid.t.20.)
times, notice of the registration of the or ler and of such minute as mentioned
in the 14th section of “ The Companies Ordinance 1887 ” * is to be published ; (* 1877.)
and shall fix the date until which the words and reduced are to be deemed
part of the name of the company as mentioned in the 10th section of the
said ordinance .
Forms.
92. The forms in use in England as prescribed by the General Orders of Forms.
November 1862 and March 1868 in relation to joint stock companies or any (General order,
1862, 1.695
subsequent order or rules of Court in England may so far as circumstances of
each case may require , be used for the purposes of “ The Companies Ordi
nances 1865 to 1886 ” and of these rules.
Fees.
93. Solicitors shall be e'titled to charge, and be allowed the fees set forth [Solicitor's
1 bil. r. 70. )
fezs.
and referred to in the first schedule hereto, unless the Court or Judge shall
otherwise especially direct.
94. The fees of Court set forth and referred to in the second schedule (ICourt fees.
lid , r. 71. ]
hereto, shall be paid in relation to proceedings in the Court under “ The Com
panies Ordinances 1865 to 1886 ” and shall be collected by means of stamps.
Taxation of costs.
95. Where an order is made in Court or Chambers for payment of any Taxation
costs
of
costs, the order shall direct the taxation thereof by the Registrar except on iloid.r.72.]
interlocutory applications in cases where the Court deems it proper to direct
or award a gross sum in lieu of taxed costs to be paid by any party to any
other party .
894 ( 30 OF 1886. ] COMPANIES .
Power of Judge.
General power of
Judge.
96. The Court and a Judge sitting in Chambers, shall have power to
[ Ibid , r. 73.] enlarge, or abridge the time in these rules prescribed for doing any act, or
taking any proceeding to adjourn , or review any proceeding and to give any
[ new ] direction as to the course of proceeding, and in particular such power shall be
had and exercised when any creditor contributory or other person upon or to
wbom any petition summous notice or other docunent is required to be served ,
sent, delivered or given or by whom any act is required to be done, is not
resident or bas no known representative or attorney within the Colony.
General.
General practice 97. The general practice of the Court including the course of proceeding
to apply :
(Ibid. r. 74. ) and practice of the Judges' Chambers, shall, in cases not provided for by
“ The Companies Ordinances 1865 to 1886 ” or these rules, and so far as the
same are applicable, and not inconsistent with the said ordinances or these
rules, apply to all proceedings for winding -up a company.
Time for appeal.
98. Notwithstanding any thing in the Hongkong Code of Civil Procedure
SE15. ) ;S, sland to the contrary the time for appealing to the Full Court as thereby defined
Ord, 58 r . r . ,
from any order or decision of any Judge sitting alone either in Court or
Chambers in the matter of the winding-up of a company under the provisions
of “ The Companies Ordinances 1865 to 1886 ” or any ordinance amending the
same and of these rules shall except liy special leave of the Court or Judge
be limited to twenty -one days. Such period shall be calculated in the case
of an appeal from an order in Chambers from the time when such order or
decision was pronounced or when the appellant first bad notice thereof, and 1
in all other cases from the time at which the judgment or order is signed
entered or otherwise perfected or in the case of the refusal of an application
from the date of such refusal.
THE FIRST SCHEDULE .
Fees and charges to be allowed solicitors.
For preparing and drawing up every order made at Chambers and at
the Registrar's office to get the same entered ,... $ 3.00
For engrossing every order in addition to the above per folio, .10
For other duties performed according to any scale of tees and charges
or the practice of the Supreme Court for the time being in
force ,
1
THE SECOND SCHEDULE .
( 'ourt fees in Judges Chambers.
For every summons ,. .75
For every order drawn up by the Judge's clerk , 1.50
For every advertisement, 5.00
For every certificate, 1.50
For every oath , affirmation , declaration, or attestation upon honor, .. .50
By the Registrar.
For every order made in Court, 5.00
Do. , Do. , in Chambers, 1.50
For every office copy of an order, 1.50
Upon the presentation of every petition, 5.00
By the Registrur as taxing master .
For every summons but not more than one summons is to be issued
on one bill or set of bills unless the Registrar shall think it neces
sary to issue a fresh summons, .75
On signing every report and certificate, 2.50
Upon thetaxation of every bill of costs as taxed where the amount
shall not exceed $ 100,... 250
Upon every aduitional $ 100 or fractional part thereof a further fee of,.. 2.50
For every oath , affirmation declaration or attestation upon honour,.. .50
STATUTE LAW PRESERVATION . [ 31 OF 1886. ] 895
No, 31 OF 1886.
An Ordinance entitled An Ordinance for preserving an [ See Ordi 6
authentic record of the Ordinances of the Colony and for and No.17of
other purposes .. 1889. ]
[ 12th January, 1887. ]
a collection of the ordinances of the Colony
WHHEREAS
from the commencement thereof down to and inclusive
of Ordinance No. 30 of 1886 , partly composed of original ordi
nances, and partly of copies in print and manuscript, has been
made by and under the direction of the commissioners appointed
by the Governor for the revision of the ordinances, and the same
has been certified by the secretary to the commissioners, and
deposited for safe custody with the Registrar of the Supreme
Court, and it is expedient to make provision in respect thereof
and for the recording of all future ordinances and of all procla
mations in relation thereto and of all rules, regulations, and
orders made under or in pursuance of such ordinances :
1. This ordinance may be cited for all purposes as The Statute Short title.
Law Preservation Qrdinance, 1886.
2. Ordinance No. 10 of 1875 is hereby repealed , but such Repeal.
repeal shall not affect the past operation of the said ordinance. [ No. 17 of
1889. ]
3. The collection of the ordinances, so deposited as aforesaid , The collection
is hereby declared and shall be taken to be a true and authentic ofto ordi
formnanc
an es
record of the ordinances therein comprised , as if they were all authentic
original ordinances duly authenticated under the hand of the reco rd of such
ordinances as
Governor for the time being and the seal of the Colony. past.
4. From and after the commencement of this ordinance, this Recording of
and all ordinances upon receiving the assent of the Governor ordinances,
& .
and all proclamations relating thereto and all such rules, orders ( see Colonial
rules and
and regulations as aforesaid immediately after they have been regulations
made by the Governor shall be transmitted by the Clerk of r.181.]
Councils , certified under the hand of the Governor and the seal
of the Colony to the Registrar of the Supreme Court, for record;
and such ordinances, proclamations, rules, regulations, and
orders shall be deemed and considered in the Colony to be the
originals thereof and may be proved in any Court or judicial
proceedings by the production of an examined copy thereof or
of a copy certified under the hand of the said Registrar.
5. The said Registrar shall carefully preserve the said col Registrar to
preserve
lection and shall file all such ordinances, proclamations, rules, them
regulations and orders as may hereafter be transmitted to him .
896 [ 31 of 1886. ) STATUTE LAW PRESERVATION .
( 1 OF 1887. ) POST OFFICE .
Gazette and
Government
6. Any such ordinances, proclainations, rules, regulations or
printers orders published in the Gazette and also any copies thereof
copies to be purporting to be printed by the Government printers, by
primâ fucie
evidence. authority, shall be deemed and accepted as primâ facie evidence
of the contents thereof.
Inspection 7. Any person shall be entitled to inspect the said ordinances
and copies.
within the office hours of the Supreme Court on payment of 25
cents for each inspection not exceeding three hours and to take
copies or extracts therefrom on payment of 25 cents per folio
of 72 words for each copy or extract.
No. 1 OF 1887 .
Title .
An Ordinance entitled The Post Office Ordinance, 1887.
[ 15th February, 1887. ]
*
Interpreta. 1. In this ordinance, and in any order in Council or regula
tion,
tion made thereunder, unless the context indicates the contrary,
the following expressions shall have the meanings set against
them respectively , that is to say :
Consignees' Letiers.-- .Any letters forwarded by any vessel on
the same voyage as and relating to goods or merchandise on
board of such vessel.
Contract Packet.- Any vessel for the conveyance of letter
bags and correspondence under contract.
Correspondence. - Any letter, newspaper, book , pamphilet,
document, parcel, or package, or other article whatsoever trans
mitted by post whether in a closed mail or having been placed
loose on board any contract packet or vessel for transmission ;
and a letter or other article shall be deemed to be correspondence
from the time of its arrival within the limits of the Colony, if
brought to the Colony by post, or from the time of its delivery
to the Post Office if not so brought, and in either case shall
continue to be deemed correspondence to the time of its delivery
from the Post Office; and delivery to or by any person authorised
to receive or deliver letter bags or correspondence on behalf of
thie Postmaster General shall be a delivery to or from the Post
Office.
Letter Bag. – Any bay, or box, or packet, or parcel , or other
envelope or covering in which correspondence is conveyed ,
whether it does or does not contain correspondence.
POST OFFICE . [ 1 of 1887. ) 897
Master of a Vessel.— Any person in charge of a vessel , whether
commander, mate, or other person .
Officer of the Post Ojjin.-- The Postmaster General, and every
postmaster, assistant postmaster, agent, officer, clerk , letter
carrier, or any other person employed in any business of the
Post Office, whether employed by the Postmaster General, or
.by any person under him , or on behalf of the Post Office.
Persons employed by or under the Post Office.--Every person
employed in any business of the Post Office according to the
interpretation given to Officer of the Post Office.
Postage Stamp.- Any label or stamp for denoting any rate
of postage, or any envelope, wrapper, caril, form , or paper, words,
letters, or marks, purporting to authorise the transmiss on by
post of any correspondence, whether such postage stamp shall
be issued under this ordinance or by the Postmaster General of
the United Kingdom , or by the Goverament of any Colony or
foreign country .
Postmaster General.-- The Postmaster-General of the Colony.
Post Office. — Any house , building, room , or place where
correspondence is reccivel or delivered, or in which it is sorted,
made up, or despatched.
Vessel. — Any ship or other vessel not being a contract packet.
2. There shall be one General Post Office of the Colony General Post
where correspondence may be received from all places, and Office.
whence correspondence may be despatched to all places, and the
Post Office at the time of the passing of this ordinance shall be
euch General Post Office until the site thereof is changed by
the Governor .
The Governor may establish such district post offices in the
Colony as he thinks fit.
Management.
3. The Postmaster General, and all other officers of the Post Postmaster
and
Generalcon
Office at the time of the passing of this ordinance shall be officers
continued in their offices, and shall have all the powers, and tinued in their
privileges hereby conferred upon the holders of their respective offices,
offices.
4. The Governor may from time to time appoint a Postipaster Appointment
of officers in
General of the Colony, and all necessary assistant postmasters future .
general. postmasters, agents, clerks, or servants for conducting
the business of the Post Office , and may remove any officers so
appointed.
89S [ 1 of 1887. ] POST OFFICE .
Postmaster 5. The Postmaster General shall, by himself or his deputies,
Generalsolely have the entire charge of the General Post Office and of all
receive and
postal matters within the Colony, with sole power, within the
respondence. Colony, of receiving from all persons authorized to deliver the
same all letter bags and correspondence arriving in the Colony ;
and with sole power, within the Colony, of collecting, receiving,
and delivering to all persons anthorised to receive the same all
correspondence for transmission by or through the General Post
Office to places out of the Colony.
The said Postmaster General shall also have the exclusive
privilege, rrithin the Colony, of performing all the incidental
services of receiving , collecting, despatching and delivering all
correspondence arriving from , or transmittel to any place ont
of the Colony ; and no letters, unless exempt by law , shall be
delivered in , or transmitted from the Colony otherwise than by
or through the General Post Office.
Letters
6. All correspondence which , by any act of the Imperial
under Acts of Parliament, is excepted from the exclusive privilege of the
Imperial
Parliament. Imperial Post Office, sball within this Colony be excepted from
the exclusive privilege of the Postinaster General ofthe Colony.
Consignees 'letters shall be excepted from the exclusive privilege
of the Postmaster General, but, if taken to the Post Office, such
consignees' letters shall be subject to the same rates of postage
and general regulations as apply to other correspondence.
Receipt of 17. The Postmaster General shall receive all postage payable
postage , and
accounts . in the Colony and shall keep accounts of all correspondence
received and despatched by him , with the particulars of the
postage thereof, in such manner and form as the Governor may
from time to time direct. The accounts of monies payable to
the Imperial Postmaster General shall be kept distinct from the
accounts of monies payable to the Colonial Treasury.
The Postmaster General shall keep the accounts of monies
payable to the Imperial Postmaster General in such form and
shall transmit such monies in such manner as the said Imperial
Postmaster General may from time to time direct.
Governor in
8. The Governor in Council may from time to time by order
fix rates of determine the rates of postage to be charged upon all correspond
postage. ence sent by post from the General Post Office of the Colony,
or received therein from places outside the Colony, and may
revoke, alter, or add to any such order, provided that no
such order be inconsistent with any instructions transmitted
from the Secretary of State for the Colonies or from the Imperial
l'ostmaster General.
Orders to be 9. The Governor shall publish every such orderby proclama
published by tion in the Gazette ; and every order, irhen so published, shall
proclamation.
have the same effect as if it had been inserted in this ordinance.
POST OFFICE . [ 1 OF 1887. ) 899
All such orders in Council in force at the time of passing of
this ordinance are hereby continued in force until duly revoked
or altered by the Governor in Council .
10. The Governor may, subject to such instructions as The Governor
aforesaid, from time to time make, alter, and repeal, in relation may make
regulations.
to correspondence sent by post, such regulations as he thinks
fit for regulating times and modes of posting and delivery,
prepayment, late fees, fines on unpaid correspondence , the
registry of correspondence , money orders, the sale and affixing
of postage stamps, the dimensions, weights, and contents of
packets, and other such similar regulations as the Governor
from time to time thinks necessary for the better execution of
this ordinance.
All such regulations as affect the public shall be published in
the Gazette, or in the postal guide published by the Postmaster
General, and shall have no effect until so published.
11. Any question whether an article of correspondence is a Decision as to
letter, or whether any publication is a newspaper or a supplement, packets,
newspapers:
&c.
or whether any packet is a book packet or pattern or sample
packet within the meaning of this ordinance, or of any order
in Council or regulations made thereunder, shall be decided by
the Postmaster General. The Governor may, if he thinks fit,
on the application of any person interested, reverse or modify
such decision, and order accordingly.
12. All correspondence which arrives in this Colony fully Paid corre.
paid according to the rates in force for the time being shall be spondence to
delivered or transmitted from the Post Office without further without
ortransmittel
charge. further
charge.
13. All letters received or sent by sailors or soldiers of Her Seamen's and
Majesty's sea or land forces shall be ch :rged with such reduc- letters
soldiers.
tion in the rates of postage as is allowed to them by any act of
the Imperial Parliament.
14. The Governor may from time to time provide proper Dies, &c. for
postage stamps and proper dies and other implements for stamps.
postage
denoting, by adhesive stamps or otherwise, the rates of postage
payable under this ordinance, or any regulation thereunder.
15. The Postmaster General may if necessary open, and if letters.
Opening
possible return to the sender :
( 1. ) Any correspondence upon which the prepayment of Unpaid
letters,
postage is compulsory, and which cannot be sent
unpaid by any other route, and upon which the
proper postage has not been paid .
900 POST OFFICE .
[ 1 of 1887. ]
Dead letters. ( 2. ) Any correspondence which is returned to the General
Post Office for want of a proper address, or from
inability to find the person to whom it is addressed,
and which remains unclaimed for ten days after
being advertised in the Gazette.
Postage may
be remitted
16. When any packet is delivered to the Post Office and has
on packets not thereby become liable to postaye, and evidence is adduced to
containing the satisfaction of the Postmaster General that such packet bas
letters if sent
in mistake . been delivered to the Post Office by mistake, the Postmaster
General may cause such packet to be opened in the presence of
an officer in the Post Office, and may return the same without
charge to the person interested ; unless such packet is found to
contain any letter or manuscript liable to postage;; in which
case the Postmaster General shall retain the packet until he is
paid the full rate of postage chargeable upon such letter or
inanuscript.
Warrants for
opening or
17. After any correspondence has been delivered to the Post
returning cor- Office, no person employed by or under the Post Office shall,
respondence.
except in the cases above mentionel, open the same or delay
its transmission, or return the same to any person , or procure
or suffer the same to be opened , delayed , or returned, unless he
is authorised by express warrant in writing under the hand of
the Governor, or the British Consul at the port.
The Governor, or the British Consul at the port, may at his
discretion grant such warrants for opening or returning any
specified letter or other article of correspondence.
Despatch and receipt of mails.
Delivery of
mails.
18. Every master of a vessel shall, immediately on arrival,
and before reporting at the Harbour Office, deliver to the Post
Office all letter bags and correspon lence on board , except such
as are exempt by law . Should such vessel be put in quarantine
the master shall deliver all such letter bags and correspondence
to any person authorised by the Postmaster General to receive
them , or may deliver them to the Health Officer.
Gratuities to
masters of
19. The Postmaster General shall pay to every master of a
vessels
inwards.
vessel,letter,
every not being a contract
and one cent forpacket,
every aother
gratuity
articleof of
twocorrespond
cents for
ence delivered by him to the Post Office ; no gratuity shall
be payable
( 1. ) For a second transmission of any correspondence ;
( 2. ) On correspondence delivered to any Post Office to be
thence transmitted by contract packet ;
( 3. ) On correspondence the gratuity on which is certified
by the despatching office to have been paid.
POST OFFICE . [ 1 of 1887.] 901
( 4. ) The gratuity payable on letters transmitted between
Hongkong, Canton, and Macao, in either direction ,
shall be one cent only.
20. The Postmaster General may pay like gratuities to any masters
Gratuit'esof to
master of a vessel leaving Hongkong on every article of cor vessels
respondence delivered to suchmaster from the Post Office , or outwards.
certified by the Post Office of destination to have been duly
received from him .
21. The powers of the Governor in Council as defined and Rates of
regulated by sections 8 and 9 of this ordinance, shall equally gratuity.
apply to the rates of gratuity to be paid to ship masters for the
delivery of mails , either generally or in particular cases.
The gratuities fixed by any order in ('ouncil under this section
shall not be less on the average than the sums otherwise re
quired by this ordinance to be paid.
22. Every master of a vessel who receives such gratuities Damages for
or to whom such gratuities have been credited in the accounts ofnonmuil.
-delivery
of the Postmaster General shall be held to have made aa contract
with the Postmaster General that, in consideration of the gra
tuities so paid , he will duly deliver all letter bags and corre
spondence received from the Post Office to the persons to whom
the same are addressed immediately on his arrival in port,
without wilful or avoidable delay, and that if he fail in any re
spect to perform his said contract he will pay to the Postmaster
General the sum of five hundred dollars as liquidated damages
for the breach of his said contract.
23. Every person or firm proposing to despatch a vessel to Persons
any port or place out of this Colony, excepting vessels plying proposing to
daily or on fised days to Macao or to places on the Canton River, vessels to give
shall, so soon as he bas arranged the time for the departure of notice to the
such vessel, give the first intimation of such proposed departure Gencral.
to the Postmaster General, and shall, in like manner, intimate
to the Postmaster General any alteration in the day or hour of
departure of the said vessel , and the Postmaster General shall,
on receiving such intimation, give notice to the public of the
day and hour for closing the mails, if any are to be made up
for transmission by the vessel.
Every alteration of the hour of departure of any vessel plying
daily or on fixed days to Macao or to places on the Canton
River, shall, in like inanner, be intimated to the Postmaster
General by the person despatching such vessel.
24. The Postmaster General, or any officer of the Post mail
Making
s on
up
Office authorised by him , may attend on board any vessel, and board ,
may receive all fully prepaid correspoudence which is brought
on board up to the time of departure to be transmitted by such
vessel .
902 [ 1 or 1887. ] POST OFFICE .
The master of every such vessel shall give all proper facilities
to such officer of the Post Office to enable him to discharge
his duties and to make up such mails , and to leave the vessel
on her departure.
If there be no officer of the Post Office in attendance on
board any vessel, the master of such vessel may receive all
correspondence which is brought on board to him fully prepaid
by the postage stamps of the Colony ; and sball deliver the
same at the Post Office on arrival at bis destination .
Refusal to
Cirry mails ,
25. The masters of every vessel shall receive on board all
mail bags and correspondence tendered to him by the Post
master General for transmission and shall sign a receipt for the
same. The owner or agent of any vessel who refuses to allow
any mail to be put on board of or transmitted by such vessel
shall be deemed guilty of an offence against this ordinance.
Offences.
Offences.
26. Offences against this ordinance shall be considered to be
( 1. ) Any infringement of the exclusive privilege of the
Postmaster General.
( 2. ) Refusal, neglect, or omission to do any act commanded
by this ordinance.
( 3. ) Refusal to permit, or obstruction of any such act.
( 4. ) The doing of any act forbidden by this ordinance.
For every offence against this ordinance for which no specific
penalty is provided the offender shall be liable, on summary
conviction before a Magistrate, to a penalty not exceeding five
hundred dollars, and in default of payment of the said penalty
to imprisonment with or without hard labour for any period not
exceeding six months.
Stealing letter 27. The following acts shall be deemed felonies :
bags, forging
stamps, and
other felonics.
Stealing, embezzling, secreting, or destroying any corre
spondence by a person employed by or under the
Post Office.
Stealing from or out of any correspondence any chattel ,
money, or valuable security.
Stealing or unlawfully taking away a letter bag, or stealing
or unlawfully taking any correspodence from or out
of a letter bag, or unlawfully opening a letter bag.
Stealing any correspondence from a letter bag, or from a
Post Office, or from an officer of the Post Office.
Forging, altering, or imitating, or assisting in forging,
altering, or imitating any postage stamp issued under
this ordinance.
POST OFFICE , [ 1 of 1887. ) 903
Using, offering, uttering, disposing of, or putting off any
forged, altered, or imitated postage stamp as aforesaid ,
knowing the same to be forged, altered, or imitated .
Every person who is convicted of any felony inentioned in
this section shall be liable, at the discretion of the Court, to be
kept in penal servitude * for any term not exceeding seven years 1887.)
(*No, 10 of
and not less than three years , or to be imprisoned for any terin
not exceeding two years with or without hard labour.
28. The following acts shall be deemed misdemeanours :- Opening cor
Opening or suffering or procuring to be opened , or detain- and other mis.
ing or delaying, or procuring or suffering to be detained demeanours.
or delayed any correspondence without lawful author
ity or excuse ; or wilfully delivering any correspond
ence to any person other than the person to whom
the same ought to be delivered .
Fraudulently obtaining from any person employed by or
under the Post Office, or fraudulently detaining or
wilfully secreting, keeping, or detaining any letter
bag, or any correspondence which ought to have been
delivered to any person .
Fraudulently removing any postage stamp from any corre
spondence, or wilfully removing from any postage
stamp any mark that has been made thereon at any
Post Office, or knowingly using or putting off any
postage stamp from which any such mark has been
removed, making, knowingly uttering, dealing in ,
selling, knowingly using for any postal purpose, or
having in possession without lawful excuse
* *
any
fictitious postage stamp, or [ No. 22 of
making , or having in possession without lawful excuse 1889.]
any die , plate, instrument or materials for making any
such fictitious postage stamp. Any such stamp , die,
plate , instrument, or materials found in the possession
of any person in contravention of this section may be
seized and shall be forfeited .
Every person who is convicted of any misdemeanour men
tioned in this section shall be liable, at the discretion of the
Court, to be imprisoned for any term not exceeding two years
with or without hard labour.
29. The sections of the Larceny Ordinance (No. 7 of 1865) Receiving
stolen corre
relating to receiving stolen goods , that is to say, sections 75 to spondence.
82 both inclusive, shall apply to felonies and misdemeanours
committed under this ordinance ;; and for that purpose , the
expression this ordinance, when used in the said sections, shall
be taken to include the present ordinance .
904 POST OFFICE .
1 OF 1887. ]
Allegations to 30. In any proceedings against any person for any offence
be used in
proceedings committed against this ordinance, in respect of any letter bag
for offences.
or correspondence, it shall be sufficient to allege such letter
bag or correspondence to be the property of the Postmaster
General without mentioning his name, and in any such proceed
ings against any person employed ly or under the Post Office,
it shall be sufficient to allege that such person was employed
by or under the Post Office , without stating further the nature
or particulars of his employment.
Penalties may
be recovered 31. All pecuniary penalties for offences against this ordinance
in a summary may be recovered in a summary way before a Magistrate, but
way within
one year. proceedings for the recovery of such penalties shall be com
menced within one year after the offence was committed .
*
Suspending
clause.
33. This ordinance shall take effect on a day to be proclaimed
by the Governor.
[ In force from the 9th Jay, 1887 : Proclamation 7th May, 1887.]
Order made by the Governor in Council of the 4th
and gazetted the 14th January, 1888.
RULES FOR LOCAL DELIVERY OF CIRCULARS, & c .
1. Circulars, dividend warrants, invitations, cards, patterns, bills, almanacs,
& c. , for addresses in Hongkong or the ports of China, in batches of not less
than ten of uniform size and weight, may be sent to the Post Office unstamped,
the postage, at the rate of one cent each , being paid in cash or charged to
the sender's account. Special accounts may be opened with non - box holders
for the delivery of considerable numbers of such articles.
2. Such covers, when addressed to places other than Hongkong or China,
must be prepaid two cents each in stamps as heretofore.
3. Circulars, & c., must not exceed 2 ounces each in weight. Patterns,
almanacs, & c., must be under 4 ounces each in weiglit. Heavier articles
will be charged ordinary rates .
4. Envelopes containing patterns, & c., may be wholly closed if the vature
of the contents be first exhibited or stated to the Postmaster General, as he
may consider necessary, and approved by him . Printed circulars may be
enclosed in patteru packets.
5. Addresses must be complete. That is to say, on such covers as are not
addressed to heads of houses,the addressee's residence or place of business
must be added. Incompletely addressed covers will be returned to the sender
for address .
6. It must be understood that the above mentioned classes of correspond
ence will invariably be delivered at places of business unless special arrange
ment is made for delivery at private houses. Such arrangements can only
be made subject to the general work of the Post Office.
905
POST OFFICE . ( 1 of 1887.]
REVISED RATES OF POSTAGE
IN HONGKONG , AND AT British Post OFFICES IN CHINA.
(Gazette 4th April, 1891. )
The Post Office declines all responsibility for unregistered covers
containing bank notes, coin , or jewellery ; and , where Registration
Newspapers
has been neglected , wiLL MAKE NO ENQUIRIES into alleged losses of
such corers .
Registered
Prices
Articles
Patterns
Registration
eCurrent
and
Receipt
Books
Return
Cards
.}oLetters
for
and
ach
., ach
.,Post
.
,
,pzer
E
.2oper
z
.
(a .)
cents. cents . cents. cents. cents.cents.
Between Hongkalfi-CantonandMacao;}
delivery (n.)
h 1 2 2 5 5
To China , (or from China to Hongkong), (6 .)...
19 Cochin -China, .....
Corea ,
99 Japan ,
North Borneo ..... 5 1 2 2
Philippine Islands, ( c .)
Siam ,
Straits Settlements,
Tonquin ,
To Australia ,...... ) Via TORRES STRAITS, .. 10
CANNOT
New Zealand , BE 2 2 10
Хот
Tasmania , (6.) SENT .
Issl'ED .
Fiji , VIA CEYLON , 15
Caxxor
BE 5
To Natal and Cape Colony, . . ( 6.) 20 SENT.
5 10 ISSUED.
To all other places, 10 3 2 2 10
cuba
(d.) (d. )
To United Kingdom , 7 3 2 2 7
(a .) Not to exceed 4 oz. in weight, ( Prices Current, 2 oz.) otherwise the rate is per 4 oz.
for newspapers, and per 2 oz. for other printed matter.
(6. ) Prepayment is compulsory.
(c. ) REGISTRATION IN CHINA extends to Hoihow , Canton , Swatow , Amoy, Foochow ,
Ningpo, Shanghai and Hankow only .
(d. ) Cannot be sent to countries not in the Postal Union.
FOR PARCEL RATES ; see separate Ta or the Postal Guide.
GENERAL POST OFFICE,
HONGKONG, 4th April , 1891 .
Order by the Governor in Council of the 19th and gazelted the
21st April, 1888.
Under the powers granted by section 8 of Ordinance 1 of 1887, the
Governor in Council is pleased to order that the provisions of the Parcel Post
be extended to the Colonies of Victoria, and South and West Australia ; to
the West Coast of Africa, the Austrian and French post offices in Turkey,
the Azores Islands, Beyrout, Bulgaria, the Cameroons, Costa Rica, French
Colonies, Madeira, and Servia ; and that the table hereto annexed be the
table of rates of postage for the parcel post till further notice.
906 [ 1 of 1887. ] POST OFFICE .
PARCEL POST .
Postage
Limit
weight
of
tb r
.pe
Prohibited
.
To Limit of Size. Contents.
16. cts.
5 2 ft. by 1 ft .,
Ilongkong, China , Japan, Corea , Siam , 11 Opium .
by I ft.
Straits Settlements, Burmah , Ceylon , India, 11 15 Do., and not omaller Do.
than 3 in. by 2 in ..
by 2 in.
Malta ,........ ( Direct), ... 11 20 ......
3 ft . 6 in . long,
or 6 ft . in great
Gibraltar, ...... .........do. 11 20 ert length and Arms .
girth combined .
Tobacco , except for per
United Kingdom, riâ Gibraltar only ,... 11 25
sonal use. Copyright
Books.
Africa , West Coast, I ... (viâ London ), 11 35 Do.
Ascension ,...... .........do. , 11 50 Do. Specie or ostrich
feathers.
Bahamas Is, ........do. 11 50 Do.
British Guiana, .......do ., 11 50 Do.
British Honduras, ....do ., 11 50 Do.
Cape Colony, ... do .. 7 * 50 Do, Letters .
Cyprus , ..do., ..... 11 55 Do. Coins, Tobacco.
Egypt, ... ..do. , 11 50 Do. Letters, Arms, and
Ammunition ,
Natal , ..do., 7 70 Do. Letters, Gold or Silver
ostrich feathers.
Newfoundland , ..do. ..... 11 70 Do.
St. Helena, .........do. , 11 50 Do. Books copyright in the
United Kingdom .
Arms. Munitions of
Tangier, ..... .........do. , 11 50 Do.
War, Tobacco , Opium
pipes.
South Australia, ..(viâ Ceylon ), 11 30 Do. Letters.
Do. Letters, wines , opium ,
Victoria ( Australia ), ........ .........do ., 11 30 spirits, tobacco .
Western Australia, ..do. , ...... 11 30 Do. Letters,
Windward and Leeward Is.,ti
Barbados, Trinidad , (vià London), 11 50 Do.
Canada, 3
Jamaica,
..do ..
........do ., 11
5700 |%2 ft . by 1 ft . ,
50
1 ft.
2 ft . long , or 4 ft . in Letters.
length and girth
combined
* To Cape Town itself, 111).
+ Antigun Montserrat, S. Kitts, Nevis, Dominica, Virgin I .; Grenada, St. Lucia , S. Vincent, Tohngo.
* AndIndian Offices, viz .; Aden , Bagdad, Ban er Abas ,Burah, Bushire, Guadur, Jask, Kashmir, Linga, Muscat, Zanzibar.
Accra , Bathhurst, Cape Coast Castle, Lagos, Quittah , Sierra Leone.
1.-To the UNITED KINGDOM AND PLACES BEYOND.- Parcels are forwarded by P. & 0.
packet only, and arrive in London about 8 days later than the Mail. No further charge
is made on delivery except for customs dues.
Duties in the United Kingdom .
Cigars , 6/0 per 1b . Silver plate 16 per oz . Troy = 1,8 per oz , avoir .
Gold plate . 17,0 per oz. Troy = 15,9 per oz. aroir. Tea 60. per tb .
No duties are charged on Watches, Jewellery, Personal Ornaments, nor on any gold or
silver articles not describable as Plate. Plate, however, includes such articles as Silver
Match Boxes, Cigar Cases, Mounts for Sticks, Studs, Buttons Buckles, and Pelts or
Necklets under certain conditions. Duties cannot be prepaid by the sender.
2.–TO INDIA. —By P. & 0. and Indian Mail packets only.
3.-TO AUSTRALIA.- By P. & 0. packet riâ Ceylon only .
907
POST OFFICE . [ 1 of 1887.
PARCEL POST .
GERMAN
BRITISH PACKET , PACKET
Viâ London . Direct.
To . PROHIBITED CONTENTS .
0 to 2 to 6 to
0 to 7 or 11 lt .
2 lb. 6 lb. 11 lb.
$ c. $ c. $ c. $ 0.
1.70 Coins, arme, ammunition , medicines, plants,
Algeria and Corsica, $ 1.20 vines, gold, silver, jewellery , lace.
Austro - Hungary, 1.10 1.60 1.20 ( 11 lb.) Letters. Lottery tickets.
Azores, Is., 1.20 1.20 Letters. Coins, tobacco, vines , plants.
Belgium , 1.00 1.50 )
1.10
2.00 1.20 (11tb .) Letters
Letters.. Fire -arms, tobacco.
Beyrout, 0.70 1.50
Letters. Lottery tickets, coins, arms, am
...
Bulgaria, 1.00 1.30
munition , tobacco, plants, vínes, drugs.
Cameroons, 1.10 1.10
Congo Free State, .... 1.10 1.30 1.60 Letters.
**
Constantinople , S ... 1.00 2.20 3.80
Costa Rica ,..... 0.90 1.19 2.10 Letters . Arms .
Danish West Indies,... 0.70 1.20 1.70 Letters.
Denmark , 1.10 1.60 1.20 (11 tb .) Letters. Lottery tickets and prospoctuses.
France, 1.00 1.50 1.20 (7 lb.)
1.70 Letters, arms, ammunition , tobacco ,plants,
French Colonies , I S ... 1.40 vines, gold , silver, jewellery , lace,
Letters. Plants with roots, vines or parts
...
Germany, 1.00 1.30 1.10 (11 tb .) of vines, socialistic books,
Heligoland , 1.10 1.60
Holland , . 1.00 1.50 2.00 1.20 (11lb.) Letters.
Italy $ (riâ France ), 1.10 1.60 Letters. Tobacco, vines or parts of vines,
arms, chemical compounds, rags.
Luxemburg, 1.00 1.50 2.00 1.20 (11 Ib .) | Letters .
Madeira , . 1.00 1.00 Letters. Coins, tobacco, vines, plants.
Norway, 1.00 1.50 2.00 1.50 ( 11 tb .) Letters .
Portugal (ria Lisbon ), 0.90 0.90 1.50 (7 lb.) Letters . Coins, tobacco , vines, plants.
Servia , 0.90 1.10 Letters. Vines.
Smyrna , 1.00 2.20 3.80 Lotters. Materials for gunpowder, plante,
arms, tobacco.
Spain , $ 1.00 1.00 1.10 (7 lb.) Letters. Arms, ammunition , books, maps,
plants, rosaries , relics, plants .
Sweden , 1.00 1.70 1.50 (7 lb.) Letters. Gold , silver, drugs.
Switzerland , 1.10 1.60 1.20 ( 11 fb .) Letters,
& Parcels must not exceed 2 ft . in length, or 4 ft. in length and girth combined.
1 Diego Suarez, French Guiana,Guadeloupe, Martinique, Mayotte, New Caledonia , Nossi-Bé, Réunion , S. Marie de Madagas
car , Senegal, Tripoly Tunis .
** Parerls not exceeding 6 lb. in weight can be sent at the same rates to the Austrian and French Post offices in Turkey, in .
formation as to which can be had on application .
1.-Parcels must not exceed 2 feet in length , breadth, or depth. Those intended for
the German packet must be so directed .
2. - Each parcel must be scaled in such a way as to render it impossible that it should
be opened without detection. The sender must supply a declaration of the nature, value,
and pet weight of the contents, and of the gross weight of the parcel .
3.- A small charge, not exceeding six cents, may be made for Custom House purposes
on the delivery of the parcel. Except Customs dues, this is the only charge the addressee
will have to pay.
GENERAL Rcles.- Parcels must be posted before 3 P... on the working day next before the departure of the
packet. A receipt will be given for each . A declaration of contents and value is reqnired,
except for the places the names of which are printed in italies. The firm is supplied
free. Parcels may be sealed , but any parcel, even though sealed, is liable to be opened
for examination . Dangerous or perishable goods, opium , articles likely to injure the
mails, liquids (unless securely packed ) and fragile packages are prohibited. No parcel
must exceed $ 250 in value. A parcel may contain a letter to the same address as that
of the parcel itself ( except in cases where enclosure of letters is prohibited ) or another
parcel to that address, but no other enclosure. Declarations of contents must be complete
and accirate. Everything in the parcel should be entered, False declarations expose
the parcel to the risk of confiscation.
GENERAL POST OFFICE , HONGKONG, 15TH APRIL , 1888.
908
[ 1 of 1887. ) POST OFFICE .
Order by the Governor of the 28th April, 1888, gazetted the same day.
Under the powers granted by section 10 of the Post Office Ordinance, No.
1 of 1887, the Governor is pleased to order that the provisions of the money
order system be extended to Bangkok and Tangier, and that the regulations
hereto annexed be the Regulations for the issue of money orders till further
notice .
MONEY ORDERS .
1. Money orders are issued at Hongkong and Shanghai on the following
countries and places, at current rates of exchange ;
Amoy. Hawaii. Port Darwin .
* Azores Is . Iloihow . * Portugal.
Bangkok . * IIolland . Queensland.
* Belgium . + Honduras , (Br.) S. Helena .
* Bermuda . Hongkong * Seychelles.
* Canada. * Iceland . Shanghai.
Canton . India . Sierra Leone.
* Cape Colony. * Italy . . South Australia .
Ceylon. Japan . Straits Settlements.
24
† ( Constantinople .) Lagos. Swatow.
* Cyprus . * Madeira . Sweden.
#
* Denmark . * Malta . Switzerland.
* Egypt. * Mauritius. Tangier.
* Falkland Is. Natal. Tasmania .
*
Foochow . Newfoundland. UNITED KINGDOM .
* Gambia . New South Wales . * United States.
* Germany. * New Zealand . Victoria,
* Gibraltar. Ningpo. Western Australia .
* Gold Coast. North Borneo . * West Indies (British,
巷
Hankow . Norway. Danish , and Dutch .)
*
2. Orders on the countries marked are forwarded through the London
Post Office, and are paid less a small discount of about 2d . in the £ 1 , for
which the remitter should allow . All such orders must be expressed in British
currency , and cannot be drawn for any sum less than 6d .
3. The commission charged is as follows according to the currency the
order is drawn in ).
Up to £ 2 , or $ 10, or 20 Rupees,.. 0.20 cents .
£ 5 , or $25, or 50 Rupees,.
9 0.40 cents .
£ 7, or $35, or 70 Rupees, .. 0.60 cents .
£10 , or $50, or 100 Rupees,.. 0.80 cents .
150 Rupees , ..... .. $ 1.00
† By means of Postal Notes only .
POST OFFICE . ( 1 OF 1887. ] 909
DEFAMATION AND LIBEL . 5 OF 1887. ]
4. No order must exceed £ 10 or $ 50 (unless drawn on India, when 150
Rupees is the limit) nor will more than two such orders be issued to the same
person , in favour of the same payee, by the same mail.
5. Money orders on the United Kingdom for even sums not exceeding £ 5
are granted by means of postal notes, as to which see separate notice or the
Hongkong Postal Guide.
6. Sums not exceeding $50 may be remitted between the ports of China
by means of postage stamps, subject to a charge of one per cent. for cashing
them ; or money orders can be granted at Hongkong or Shanghai on ports
where there are agencies of the Hongkong Post Office.
GENERAL Post OFFICE,
HONGKONG , 26T . APRIL, 1888.
No. 5 OF 1887.
An Ordinance entitled An Ordinance to amend the Law Title.
respecting Defamatory Words and Libel.
[ 22nd February, 1887. ]
* *
[3 of 1854. ]
1. This ordinance may be cited for all purposes as “ The De- Short title.
famation and Libel Ordinance, 1887."
3. In any action or suit for defamation it shall be lawful for Offer of an
the defendant ( after notice in writing of his intention so to do, missible
apolozy ad
duly given to the plaintiff within a reasonable time before the evidence in
hearing of the cause ) to give in evidence in mitigation of dam- damage
mitigation
s in of
ages that he made or offered an apology to the plaintiff for such for
action or suit
defama
defamation before the commencement of the action or suit or as tion ,
soon afterwards as he had an opportunity of doing so in case 96(4, and 7 V. c.
s. 1. ]
the action or suit shall have been commenced before there was
an opportunity of making or offering such apology.
4. In an action or suit for a libel contained in any public Plea of of
newspaper or other periodical publication it shall be competent malice, C.,
and of
to the defendant to set up as a defence that such libel was apology.
inserted in such newspaper or other periodical publication with- [ 6 and i7 v.c.
out actual malice, and without gross negligence, and that before 56,s.2.]
the commencement of the action or suit or at the earliest op
portunity afterwards, he inserted in such newspaper or other
periodical publication a full apology for the said libel , or if the
newspaper or periodical publication in which the said libel ap
peared should be ordinarily published at intervals exceeding
910 [ 5 OF 1887. ) DEFAMATION AND LIBEL .
one week, bad offered to publish the said apology in any news
paper or periodical publication to be selected by the plaintiff in
such action or suit or that to such defence to such action or
suit it shall be competent to the plaintiff to reply generally
denying the whole of such defence provided always that it shall
not be competent to any defendant in such action or suit to file
any such defence as aforesaid without at the same time making
a payment of money into Court by way of amends and every
such defence so filed without such payment into Court shall be
deemed a nullity and may be treated as such by the plaintiff in
the action or suit.
Publishing or 5. If any person shall publish or threaten to publish any
threatening
to publish a libel upon any other person , or shall directly or indirectly
libel or pro threaten to print or publish, or shall directly or indirectly pro
posing
abstain from pose to abstain from printing or publishing any matter or thing
publishing touching any other person with intent to extort any money or
any thing
with intent to security for money , or any valuable thing from such or any
extort money, other person, or with intent to induce any person to confer or
punishable by
imprisonment procure for any person any appointment or office of profit or
and hard
labour.
trust, every such Offender, on being convicted thereof on in
formationforshall
(6 and 7 V.c. labour,
96, s. 3. ]
be liable to imprisonment with or without bard
any term not exceeding three years ; provided
always , that nothing herein contained shall in any manner alter
or affect any law or ordinance now in force in respect of the
sending or delivery of threatening letters or writings.
False defama
tory libel
6. If any person shall maliciously publish any defamatory
punishable by libel , knowing the same to be false every such person, being
imprisonment convicted thereof shall be liable to imprisonment for any term
and fine.
(6 and 97 v.c. not exceeding two years, and to pay such fine as the Court
96 , s. 4.] shall award.
Malicious
defamatory 7. If any person shall maliciously publish any defamatory
libel, by libel , every such person, being convicted thereof shall be liable
imprisonment to fine or imprisonment, or both as the Court may awarı, such
or fine.
po[ 6 ang 7 v.V. c. imprisonment not to exceed the term of one year.
96 , s. 5.)
Proceedings 8. On the trial of any information for a defamatory libel , the
upon the trial defendant having pleaded such plea as hereinafter mentioned
ofan
tion for a
defamatory
the truth of the matters charged may be inquired into, but shall
libel. not amount to a defence, unless it was for the public benefit
(6 and 7
96, s. 6. ]
V.c. that the said matters charged should be published ; and that to
entitle the defendant to give evidence of the truth of such
matters charged as a defence to such information it shall be
necessary for thedefendant, in pleading to the said information ,
to allege the truth of the said matters charged in the manner
now required in alleging a justification to any action or suit of
defamation , and further to allege that it was for the public
DEFAMATION AND LIBEL. 911
[5 OF 1887. ]
benefit that the said matters charged should be published, and
the particular fact or facts by reason whereof it was for the public
benefit that the said matters charged should be published, to
which plea the prosecutor shall be at liberty to reply generally
denying the whole thereof; and if after such plea the defendant
shall be convicted on such information it shall be competent to
the Court, in pronouncing sentence, to consider whether the
guilt of the defendant is aggravated or mitigated by the said
plea and by the evidence given to prove or to disprove the same:
provided always, that the truth of the matters charged in the
alleged libel complained of by such information shall in no case
be inquired into without such plea of justification : provided Proviso as to
also, that in addition to such plea it shall be competent to the guilty in civil
defendant to plead a plea of not guilty ; provided also, that and criminal
nothing in this ordinance contained shall take away or prejudice
any defence under a plea of not guilty which it is now com
petent to the defendant to make under such plea to any inform
ation for defamatory words or libel .
9. Whensoever, upon the trial of any information for the Evidence to
publication of a libel, under the plea of not guilty evidence shall facie
rebut prima
have been given which shall establish a presumptive case of publication
by agent.
publication against the defendant by the act of any otherperson and iv .
by his authority, it shall be competent to such defendant to č. 96,s.7.)
prove that such publication was made without his authority,
consent, or knowledge, and that the said publication did not
arise from want of due care or caution on his part.
10. In the case of any information at the instance of a private tion
on prosecu
prosecutor for the publication of any defamatory libel, if private
pirinate libel
defendant
judgment shall be given for the defendant, he shall be entitled entitled to
er
to recov from the prose cutor the costs sustai ned by the said costs on
[6 and 7l.v.
defendant by reason of such information and upon a special plea acquitta
of justification to such information, if the issue be found for the c. 96, s.8.]
prosecutor, he shall be entitled to recover from the defendant
the costs sustained by the prosecutor by reason of such plea,
such costs so to be recovered by the defendant or prosecutor
respectively to be taxed by the proper officer of the Court before
which the said information is tried.
11. It shall and may be lawful for any person who now is, orStaycriminal
of civil
or hereafter shall be å defendant in any civil or criminal pro- proceedings
ceedings commenced or prosecuted in any manner soever, for againstperson
or on account or in respect of the publication by any such tion of papers
person or by his servant of any reports, papers, votes, or printed by
proceedings of the Legislative Council of the Colony by or Colonial
under the authority of such Council, to bring before the Court Councilupon
in which such proceeding shall have been or shall be so com- and affidavit
menced or prosecuted, or before any Judge of the same first of authority
912 [ 5 OF 1887. ] DEFAMATION AND LIBEL .
to publish . giving twenty -four hours' notice of his intention so to do to the
( 3 and 4 V.
c. 9, s. 1.] prosecutor or plaintiff in such proceeding, a certificate under
the hand of the Governor or the presiding member of such
Council for the time being or of the clerk of the Council stating
that the report, paper , votes, or proceedings as the case may be,
in respect whereof such civil or criminal proceeding shall have
been commenced or prosecuted, was published by such person
or by his servant, by order or under the authority of such
Council together with an affidavit verifying such certificate ;
and such Court or Judge shall thereupon immediately stay such
civil or criminal proceeding, and the same, and every writ of
process issued , shall be and shall be deemed and taken to be
finally put an end to, determined, and superseded by virtue of
this ordinance.
Stay of
proceedings
12. In case of any civil or criminal proceeding hereafter to
when be commenced or prosecuted for or on account or in respect of
commenced the publication of any copy of such report, paper, votes, or
in
a copy of an proceedings, it shall be lawful for the defendant at any stage of
authenticated the proceedings to lay before the Court or Judge such report,
report, & c.
[3 and 4 V. paper, votes, or proceedings, and such copy, with an affidavit
c. 9, s. 2.] verifying such report, paper, votes, or proceedings, and the
correctness of such copy,, and the Court or Judge shall immedia
tely stay such civil or criminal proceeding ; and the same, and
every writ of process issued therein , shall be and shall be deemed
and taken to be finally put an end to, determined and superseded
by virtue of this ordinance.
In proceed- 13. It shall be lawful in any civil or criminal proceeding to
ings for
printing any
extract or
be commenced or prosecuted for printing any extract from or
abstract of a abstract of such report, paper, votes, or proceedings, to give in
paper it may evidence under the general issue in criminal cases, and in civil
be shown such cases in support of any allegation in defence, such report, paper,
bona fide
made .
votes , or proceedings, and to show that such extract or abstract
( 3 and 4 V. was published bona fideand without malice ; and if such shall
č. , s. 3. ] be the opinion of the jury, a verdict of not guilty shall be entered
for the defendant.
Newspaper Libels.
Newspaper
reports of
14. Any report published in anynewspaper of the proceedings
certain of a public meeting shall be privileged, if such meeting was
mectings
privileged.
lawfully convened for a lawful purpose and open to the public,
Î44 and 45 and if such report was fair and accurate and published without
V.c.60,s. 2.) malice, and if the publication of the matter complained of was
for the public benefit ; provided always, that the protection
intended to be afforded by this section shall not be available as
a defence in any proceeding, if the plaintiff or prosecutor can
show that the defendant has refused to insert in the newspaper
DEFAMATION AND LIBEL, [ 5 OF 1887. ] 913
in which the report containing the matter complained ofappeared ,
a reasonable letter or statement or explanation or contradiction
by or on behalf of such plaintiff or prosecutor ,
15. No criminal prosecution shall be commenced before a No prosecu.
tion for
Court of Summary Jurisdiction against any proprietor, publisher,
editor, or any person responsible for the publication of a news- libel without
paper for any libel published therein , without the written fiat or Attorney
General .
allowance ofthe Attorney General being first had and obtained. ( 44 and 45 V.
c. 60, s. 3.]
16. Nothing in this ordinance shall apply to ex -officio Ex-officio
informations filed by the Attorney General nor to informations informations
by the Registrar of the Supreme Court by the direction of the affected .
Court at the instance of some private individual.
17. A Court of Summary Jurisdiction upon the hearing of a Inquiry by as
charge against a proprietor, publisher, or editor, or any person to libel being
responsible for the publication of a newspaper, for a libel pub- for public
lished therein, may receive evidence as to the publication being being true.
for the public benefit, and as to the matters charged in the libel (11 and 45 v.
c. 60, s. 4.]
being true, and as to the report being fair and accurate, and
published without malice, and as to any matter which under
this or any other ordinance, or otherwise, might be given in
evidence by way of defence by the person charged on his trial
on information, and the Court if of opinion after hearing such
evidence that there is a strong or probable presumption that
the jury on the trial would acquit the person charged , may
dismiss the case.
18. Notwithstanding anything to the contrary contained in Provision as
Ordinance No. 16 of 1875 * if the Court of Summary Jurisdic- conviction for
tion upon the hearing of a charge against a proprietor, publisher, libel.and 45 V.
editor, or any personresponsible for the publication of a news: 6.60,8. 5.)
paper for a libel published therein, is of opinion that though the by[* Repealed
Ordinance
person charged is shown to have been guilty , the libel was of a No. 10 of
trivial character, and that the offence may be adequately pub- 1890.)
lished by virtue of the powers of this section , such Court shall
cause the charge to be reduced into writing and read to the
person charged , and then address a question to him to the fol
İowing effect : “ Do you desire to be tried by a jury or do you
consent to the case being dealt with summarily ? ” and , if such
person assents to the case being dealt with summarily such
Court may summarily convict him and adjudge him to pay a
fine not exceeding two hundred and fifty dollars.
914
[ 8 of 1887. ] TRIAD AND UNLAWFUL SOCIETIES.
No. 8 OF 1887.
An Ordinance for the Suppression of the Triad and
other unlawful Societies and for the Punishment of
the Members thereof.
[ 13th April, 1887. ]
Preamble.
WHTHEREAS the Triad and other societies are formed for
unlawful purposes and constitute a danger to the peace
of the Colony, and whereas it is expedient*to **amend the laws
*
*
respecting such societies :
Short title.
1. This ordinance may be cited as The Triad and unlawful
Societies Ordinance, 1887.
Triad and
other societies 2. The society known by the name of the Triad society or
declared
unlawful
Samhopui and other societies by whatever name known formed
societies .
for an unlawful purpose, or having among their objects purposes
incompatible with the peace and good order of the Colony, are
hereby declared to be unlawful societies, and any person acting
as manager or office bearer, or assisting in any way in the con
duct of the business of, or in managing
a
the affairs of any such
unlawful societies shall be guilty of a misdemeanour and shall be
Penalty for liable upon conviction in tlie Supreme Court to a fine not exceed
managers.
ing one thousand dollars, or to imprisonment for any period
not exceeding twelve months with or without hard labour, or
Penalty for to both fine and imprisonment ; and any person who is a mem
members.
ber of, or who attends and takes part in any meeting of any
such unlawful society, or who subscribes or pays money, or
gives aid or procures from others subscriptions, money or aid,
for or towards the maintenance of any such unlawful society
shall be liable upon conviction in the Supreme Court to a fine
not exceeding five hundred dollars, or to imprisonment for any
period not exceeding six months with or without hard labour,
or to both fine and imprisonment.
Meetings 3. All meetings of the said societies are hereby declared to
unlawful.
be unlawful and prohibited accordingly.
[ * any] And if at any such meeting and * oath or any engagement,
obligation or promise relating to the objects of any unlawful
society be administered or tendered to any person such tender
ing or administering of any oath , engagement obligation or
promise shall beprimâfacie evidence thatthe meeting is a meet
ing of an unlawful society.
Magistrate, 4. It shall be lawful for any Magistrate or Justice of the
& c.,may enter Peace to enter with or without assistance or to order any Police
house, & c .,
TRIAD AND UNLAWFUL SOCIETIES.. [ 8 or 1887. ) 915
officer or other person, in his presence, or by warrant under ful
where unlaw
meeting
his hand and seal to enter with or without assistance, using hielen.
force in either case if necessary, into any dwelling -house or other Settlement
(Straits
building, or into any place in which he may have reasonable Ort. 19 or
ground to believe that a meeting of any society declared by this 1869,s. 8.]
ordinance to be an unlawful society is being held , or that live
or more persons belonging to any such unlawful society are
assembled, and to arrest or cause to be arrested all persons And may
found at any such meeting, and to search the premises and seize seize
arrestpers
andons
or cause to be seized all books, papers, documents, flags, insignia , andprop
found erty
arms and other articles which he may have reasonable cause to
believe to belong to any such society, or to be in any way con
nected with the purposes of the meeting :
5. All persons so arrested and all articles so seized may be Persons and
detained in custody till they can conveniently be brought before seized
property be
taken before
a Magistrate, where they shall be dealt with according to law . Magistrate.
[ Straits
Settlement
Orl, 19 of
1869, s. 9.]
6. If, on any such entry copies of any rules or regulations or deemert
what to be
engagements, obligations or promises, or lists or names ofmem prima facie
bers of any unlawful society, or if any insignia, banners, writ- evidence
unlawful of
ings, paintings, drawings or other articles relating or belonging assembly.
to any unlawful society be found, the finding thereof or the fact (strnits
of an oath or an engagement , obligation, or proinise having been Ord.19 of
administered or tendered at the meeting shall be primâ facie 1869, s.10.]
evidence that the meeting was a meeting of an unlawful society.
7. Any person attending a meeting of an unlawful society l'enalty for
attending
knowing that such meeting was a meeting of an unlawful society, uwlawful
and any person continuing to attend such meeting after having assembly.
been warned by any Magistrate, Justice of the Peace, or Police Straits
Settlement
officer that the meeting is a meeting of an unlawful society, Ord. 19 of
shall be liable on summary conviction to a penalty not exceed 1809, s. 11.1
ing one hundre 1 dollars, or to imprisonment with or without
hard labour for any period not exceeding six montlıs, or to
both .
l'ersons
8. Any person knowingly allowing a meeting of an unlawful allowing
society to be held in any house, building, or place belonging to wmaw für
unlawful
or occupied by him or over which he has control, shall be liable assembly in
premises.
on summary conviction to a penalty not exceeding five hundred premi
dollars or to six months' imprisonment with or without hard Seitlement
straits
labour, or to both . Orl, 19 of
1969, s. 12.]
'enalty.
9. Every person shall be considered ปa member of an unlawful Members of a
society who has been admitted as a member according to the society's
Straits
916 [ 8 OF 1887. ] TRIAD AND UNLAWFUL SOCIETIES .
( 10 of 1887.] TRANSPORTATION AND PENAL SERVITUDE .
Settlement rules and regulations thereof, or who shall have paid an entrance
Orl, 19 of
1869, s. 255.] fee or a subscription, or who shall have attended two or more
meetings of the society as a member, or who shall have signed
the roll or list of members of the society , or who having once
become a member shall not have resigned or withdrawn from or
been expelled from the society.
Presumptive
proof of
10. When any of the banners, insignia, or writings of any
Imembership. society declared by this ordinance to be unlawful are found in
[ Straits Set
ilement Oril. the possession, custody, or control of any person, it shall be
of 1892, s. presumed, till the contrary is shown by such person, that he is
j] à member of such unlawful society.
No. 10 OF 1887 .
An Ordinance to abolish Transportation and Penal
Servitude and to substitute other Punishment in lieu
thereof.
[ 13th April, 1887. ]
Penal servi 1. From and after the commencement of this ordinance no
tude abo
lished . person shall be sentenced to transportation or penal servitude,
and any person who, if this ordinance had not been passed,
might have been sentenced to transportation or penal servitude,
shall after the commencement of this ordinance be liable to be
sentenced to imprisonment with hard labour for a term of the
same duration as the term of transportation or penal servitude
to which such person would have been liable it this ordinance
had not been passed .
Persons under
panal servi
2. All persons at present detained under any sentence of
tude to by penal servitude shallfor the remaining period of their sentence
deemed to
have been
be deemed to have been sentenced to imprisonment with hard
sentenced to labour, and shall be classed accordingly and shall be subject to
hard labour. all laws and rules relating to the care, custody, management,
employment and discipline of offenders under sentence of impris
onment with hard labour, in the same manner as if they had
been originally sentenced to imprisonment with hard labour.
PREVENTION OF CRIMES . ( 11 of 1887. ] 917
No. 11 OF 1887.
An Ordinance for the more effectual Prevention of
Crime.
[ 19th April, 1887. ]
*
1. This ordinance may be cited for all purposes as The Short title.
Prevention of Crimes Ordinance, 1887.
Licences.
2. It shall be lawful for the Governor, by an order in writing Governormay
under his hand and scal, to grant to any convict now under grant
to be licences
at large
sentence of imprisonment with bard labour, or who may bere- under sen
after be sentenced to imprisonment with hard labour a liceuce tence of harul
to be at large in this Colony, or in such part thereof as in such (16 & 17 V.c.
99, s. 9. ]
licence shall be expressed , during such portion of his or her
term of imprisonment, and upon such conditions in all respects
as to the said Governor shall seem fit ; and it shall be lawful
for the said Governor to revoke or alter such licence by a like
order at his pleasure.
3. So long as such licence shall continue in force and un- Jolder of
to
revoked , such convict shall not be liable to be imprisoned by licemerinot ta
reason of his sentence, but shall be allowed to go and remain lv
liis reason of
sentence.
at large according to the terms of such licence . ( 16 & 17 V.c.
09. s. 10.)
4. Provided always, that if it shall please the Governor to If licence,
revoke any such licence as aforesaid it shall be lawful for hiin , revoked ,the
by warrant under his hand and scal, to signify to a Magistrate beappre
tỏat such licence has been revoked, and to require such Vagis committed to
trate to issue his warrant under his hand and seal for the [prison.
16 & 17 V. c .
apprehension of the convict to whom such licence was granted, ., 11.
and such Magistrate shall issue liis warrant accordingly, and
such warrant shall and may be executed by the constable to
whom the same shall be delivered for that purpose in any part
of this Colony ; and such convict when apprehended under such
warrant shall be brought, as soon as he conveniently may be,
before the Magistrate by whom the said warrant shall have been
issued , or some other Magistrate of the said Colony, and such
Magistrate shall thereupon make out his warrant under his hand
and seal for the recommitment of such convict to the prison or
place of confinement from which he was released by virtue of
the said licence, and such convict shall be so recommitted
accordingly , and shall thereupon be remitted to his or her
original sentence , and shall undergo the residue thereof as if no
such licence had been granted .
918 [ 11 of 1887. ) PREVENTION OF CRIMES .
Forfeiture of 5. A licence granted under this ordinance may be in the form
licence .
27 & 28 V. c. set forth in the schedule to this ordinance annexed, and may be
47 , s. 1.] written, printed, or lithographed . If any holder of a licence
granted in the form set forth in the said schedule is convicted ,
either by the verdict of aa jury, or upon his own confession, of
any offence, his licence shall be forthwith forfeited by virtue of
such conviction .
Offences by
holders of 6. If any bolier of a licence granted in the forın set forth in
licence. the said schedule, -
[ :27 & 28 Vic .
c. 47 , s. ö . ] ( 1. ) Fails to produce his licence when required to do so by
any Judge, Magistrate or Justice of the Peace before
whom hemay be brought charged with any offence,
or by any constable or officer of the Police in whose
custody he may be, and also fails to make any
reasonable excuse why he does not produce the
same ; or
( 2. ) Breaks any of the other conditions of his licence by
an act that is not of itself punishable either upon
information or upon summary conviction ;
He shall be deemed guilty of an offence punishable summarily
by imprisonment for any period not exceeding three months,
with or without bard labour.
Apprehension
of holder of
7. Any Police officer may , without warrant, take into custody
licence any holder of such a licence whom he may reasonably suspect
without
wariant.
of having committed any offence , or having broken any of the
[27 & 28 Vic. conditions of his licence, and may detain him in custody until
C. 47, s. 6. ]he can be taken before a magistrate, and dealt with according
to law .
Effect of
forfeiture or 8. Where any licence granted in the form set forth in the
revocation of said schedule is forfeited by a conviction ofany indictable offence,
licence.
or is revoked in pursuance of a summary conviction under this
(27 €, s.28,Vic.
8 9. ] ordinance or any other ordinance the person whose licence is
forfeited or revoked shall,,after undergoing any other punishment
to which he may be sentenced for the offence in consequence of
which his licence is forfeited or revoked , further undergo a term
of imprisoument with hard labour equal to the portion of his
term of imprisonment with hard labour that remained unexpired
at the time of his licence being granted, and shall, for the
purpose of his undergoing such last mentioned punishment, be
detained in any prison in which he may be confined, by a
warrant under the hand and seal of a Magistrate, and shall be
liable to be there dealt with in all respects as if such term of
imprisonment with hard labour had formed part of his original
sentence.
PREVENTION OF CRIMES . [ 11 of 1887. ] 919
9. Any con - table in any police district may, if authorised so Penalty on
holders of
to do in writing by the chief officer of Police of that district, licences
without warrant take into custody any convict who is the holder gettingtheir
of a licence granted under this ordinance, if it appears to such dishonest
constable that such convict is getting his livelihood by dishonest means.
( & 35 Vic.
means, and may bring him before a Magistrate for adjudication. c$. 112,S.3.)
a
s ]
If it appears from the facts proved before such lagistrate
that there are reasonable grounds for believing that the convict
so brought before him is getting his livelihood by dishonest
means, such convict shall be deemed to be guilty of an offence
against this ordinance, and his licence shall be forfeited .
10. Where in any licence granted under this ordinance, any Penalty on
conditions different from breach of
or in addition to those contained in conditions of
the schedule of this ordinance, are inserted, the holder of such licence.
licence , if he breaks any such conditions by an act that is not 34 & 35 Yic.
c. 112 , . ]
of itself punishable, either upon information or upon summary
conviction , shall be deemed guilty of an offence against this
ordinance, and shall be liable to imprisonment for any period
not exceeding three months, with or without hard labour.
A copy of any conditions annexed to any licence granted
under this ordinance other than the conditions contained in the
schedule of this ordinance , shall be laid before the Legislative
Council within twenty -one days after the making thereof, if the
Council be then sitting, or if not, then within fourteen days
after the commencement of the next session of Council .
11. Every holder of a licence granted under this ordinance Convict hold
who is at large in the Colony shall notify the place of bis ingnotify
Licence
residence to an officer of Police at the Central Police Station residence to
who shall then endorse on the licence the station at which the police.
( 31 & 35 Vie .
said holder shall report himself. c. 112 , s. 5. )
And whenever the said holder changes his place of residence,
he shall notify such change at the Police Station endorsed on
his licence and the Police officer shall endorse on his licence the
station nearest to his residence and the said holder shall report
himself at the Police Station so directed by such endorsement.
Moreover every male holder of such licence shall, once in each
month , report himself at such time as may be prescribed by the
officer in charge of the station endorsed on his licence either to
such officer himself or to such other person as the said officer
may direct.
If any holder of аa licence who is at large in the Colony remains
in any place for forty-eight bours without notifying the place
of his residence at the station endorsed on his warrant, or fails
to comply with the requisitions of this section on the occasion
of any change of residence, or with the requisitions of this
section as to reporting himself once in each month, he shall in
9:20 PREVENTION OF CRIMES .
( 11 of 1887. ]
every such case, unless he proves to the satisfaction of the Court
or Magistrate before whom he is tried that he did his best to
act in conformity with the law , be guilty of an offence against
this ordinance, and upon conviction thereof bis licence may , in
the discretion of the Court or Magistrate, be forfeited ; or it the
term of imprisonment with hard labour in respect of which his
licence was granted has expired at the date of his conviction, it
shall be lawful for the Court or Magistrate to sentence him to
imprisonment, with or witliout hard labour, for a term not
exceeding one year , or if the said term of imprisonment with
hard labour bas not expired , but the remainder unexpired
thereof is a lesser period than one year, then to sentence him to
imprisonment, with or without hard labour, to commence at the
expiration of the said term of imprisonment with hard labour,
for such a term as , together with the remainder un -expired of
his said term of imprisonment with hard labour, will not exceed
one year.
Register of criminals .
Register and 12. The following enactments shall be made with a view to
ing of crimin . facilitate the identification of criminals :
als.
[34 & 35 Vic. ( 1. ) Registers of all persons convicted of crime in the
c. 112 , s. 6. ] Colony shall be kept in such forin and containing
such particulars as may from time to time be pre
scribed by the Governor :
( 2. ) The register shall be kept under the management of
the Captain Superintendent of Police or such other
person as the Governor may appoint:
3.) The Superintendent of Victoria Gaol shall make
returns of the persons convicted of crime and
coming within his custody ; and such returns shall
be in such form and contain such particulars as the
Governor may require :
( 4. ) The Governor may make regulations as to the
photographing of ail prisoners convicted of crime
who may for the time being be confined in Victoria
Gaol and inay in such regulations prescribe the
time or times at which and the manner and dress
in which such prisoners are to be taken , and the
number of photographs of each prisoner to be
printed , and the persons to whom such photographs
are to be sent :
( 5. ) Any regulations made by the Governor us to the
photographing of prisoners in any prison in the
Colony shall be deemed to be regulations for the
PREVEXTION OF CRIMES . [ 11 of 1887. ] 921
government of that prison, and binding on all
persons, in the same manner as if they were contained
in the rules made under section 17 of Ordinance 18
of 1885 .
( 6. ) Any prisoner refusing to obey any regulation made
in pursuance of this section shall be deemed guilty
of an offence against prison discipline within the
meaning of section 16 of Ordinance 18 of 1885 .
( 7. ) The Governor may from time to time modify, repeal,
or add to any regulations so made.
SCHEDULE .
Order of licence to a convict made under Ordinance 11 of 1887.
[ L.S.]
The Governor is pleased to grant to who was
convicted of at the criminal sessions
of the Supreme Court, for the Colony of Hongkong on the
day of 188 > and was then and there sentenced to
imprisonment with hard labour for the term of and is now
confined in the bis licence to be at large from the day of his
liberation under this order during the remaining portion of his said term of
imprisonment unless the said shall before the expiration of
the said term be convicted of some indictable offence within the Colony, in
which case such licence will be immediately forfeited by law , or unless it shall
please the Governor sooner to revoke or alter such licence.
This licence is given subject to the conditions indorsed upon the same, upon
the breach of any of which it will be liable to be revoked , whether such
breach is followed by a conviction or not .
And the Governor hereby orders that the said be set at
liberty within thirty days from the date of this order.
Given under my hand and seal at Victoria, Hongkong, this
day of 188
By Ilis Excellency's Command,
Colonial Secretary ..
CONDITIONS.
1. The bolder shall preserve his licence and produce it when called upon to
do so by a Magistrate, Justice of the Peace or Police officer.
2. He shall abstain from any violation of the law .
3. He shall not habitually associate with notoriously bad characters, such as
reputed thieves and prostitutes.
4. He shall not lead an idle and dissolute life without visible means of
obtaining an honest livelihood .
If his licence is forfeited or revoked in consequence of a conviction for any
offence, be will be liable to undergo a term of imprisonment with hard
labour equal to the portion of his term of years which remained
unexpired when his licence was granted, viz ., the term of
Pears.
922
[ 14 OF 1887. ] POLICE FORCE CONSOLIDATION .
No. 14 OF 1887.
Title . An Ordinance to consolidate and amend the Law for
the Establishment and Regulation of the Police Force
of the Colony.
[ 11th June, 1887. ]
*
PART I.
Preliminary
Short title . 1. This ordinance may be cited for all purposes as The Police
Force Consolidation Ordinance, 1887.
Interpreta 2. In this ordinance the expression subordinate officer sball
tion ,
mean every member of the Police force above the rank of con
[No 20 of
1890.]
stable except the Captain Superintendent the Deputy Superin
* *
tendent, and clerks and the word pension shall
include any allowance in the nature of a pension or any gratuity
on retirement .
* * *
Police force 4. The existiny establishment of Police for the service of the
and salaries. Colony mentioned in the 1st schedule hereto shall as hereto
(No.9 of 1862, before be under the command and control of a Captain Super
S. 2 & s.
(16 Gco. iv. intendent and the inembers thereof shall obey all such lawful
C. 44, s. 4. ] commands as they may from time to time receive from the said
Captain Superintendent.
Power to
Governor to
5. It shall be lawful for the Governor in Council from time
diminish or
increase
to time to increase or diminish the strength of the said force as
Police force. may to him appear expedient. Provided always that the ways
[ Ibid. s. 3.] and means shall be considered as leretofore in the estimates
Payment of laid before the Legislative Council and that the supply required
force to be
voted in for the payment of the said establishment shall also be voted
annual
estimates. annually as heretofore and included in the annual appropriation
[ Ibid . s. 5. ] ordinances.
Agents to 6. It shall be lawful for the Governor from time to time to
for themen
force appoint such agents, with reasonable remuneration for their
[ Ibid . s. 6.] services, and repayment of disbursements, as to him shall seem
necessary, for the enlistment in other portions of Her Majesty's
Dominions, of fit and proper men for service in the Police force
for this Colony.
POLICE FORCE CONSOLIDATION . [ 14 or 1887. ] 923
PART II.
Regulation.
7. The Captain Superintendent, and the deputy super- Oath of
intendent, shall, previous to entering on the duties Superin
Captain
of their respective offices, take before the Governor the oath of tendent.
allegiance and the official oath as set forth in Ordinance No. 4 [ Ibid, s. 7.1
[ No. 20 of
of 1869 sections 2 and 3 . 1990. ]
And the Captain Superintendent shall, during his tenure of Captain
the office, have and exercise all the powers of a Justice of the ent
Superin tend
to be a
Peace, with regard to the Police force, or any member or mem- Peace
Justicein of the
bers thereof . relation to
matters of
Police .
8. All subordinate officers and constables shall, before ap- Subordinate
pointment, be examined , and approved by the Captain Super. const
officers and to
ables
intendent and Colonial Surgeon , and having been so examined beexamined.
and approved of according to the forms in the 3rd schedule [ Ibid, s. 8.]
hereto annexed shall go before a Magistrate and answer the
questions, and subscribe and take the oath or make the declara
tion contained iv the 3rd schedule hereto .
9. Every subordinate officer and constable shall, except as Officers and
is hereinafter mentioned , engage and bind himself to serve in constables
be engagedto
the Police force for the term of five years, during which term for five years.
he shall not be at liberty to resign his office or to withdraw (Tid, s. 9.]
himself from the duties thereof, except as is hereinafter provided.
10. It shall be lawful for the Governor in Council from time Power to
to time to authorise the appointment of any number of con- enrol fles forconsta
stables for such periods of less than five years and upon such limited
special terms and conditions as he shall from time to time deem (('No. 7081881,
of ,
expedient. 5. 2. ]
11. Every constable so appointed under thepreceding section Enrolment
shall bind himself to serve for such period and upon such terms undertheir.
and conditions as shall be agreed upon, and he shall not be at [lvid.s.3.]
liberty to resign or withdraw himself froin the force before the
expiration of the period of his engagement, except as hereinafter
provided.
12. All the provisions of this ordinance, except the provisions Application of
of sections 9 , 13, 15 , 16 , 17 and 18 shall so far as the same be ordinance to
not inconsistent with the terms and conditions agreed upon , appointed
.
apply equally to constables appointed under or in pursuance of ( Ord. No.7 of
section 10, but in case any such constable shall be subsequently 1871, s. 4, 6.]
appointed under or in pursuance of sections 8 and 9 the whole
of his time of service under his first appointment shall be
reckoned in the computation of his service for the purposes of
free passage bonus and pension as hereinafter provided for and Bonus and
in such case sections 16 , 17 and 18 of this ordinance shall apply pensions of
to such constable . [ Ibid. s. 7. ]
924 [ 14 of 1887. ] POLICE FORCE CONSOLIDATION.
Renewal of 13. In case any subordinate officer or constable, who shall
service in
force for have completed his period of five years service, shallbe desirous
further of continuing in the Police force, he shall be at liberty to engage
period.
No.9 of 1862, and bind himself for a further term of five years on similar
s. 11. ] terms and conditions, and shall take the oath or make the decla
ration prescribed by section 8 of this ordinance: provided
always that his re- enlistment is approved by the Captain Su
perintendent.
Circum 14. Notwithstanding anything herein to the contrary, the
stances in
which officer Governor shall have power to grant permission to resign, to
may be any subordinate officer or constable who may become unfit for
allowed to
resign , or may further service from ill -health on the certificate of the Colonial
[be dismissed.
Ibid. s. 22. ] Surgeon to that effect, or in any special case brought to his
notice by the Captain Superintendent, the Governor shall have
power, to grant to any such officer or constable permission to
resign.
Terms on
which any 15. Any subordinate officer or constable shall be entitled to
member of claim his discharge at any time upon his giving to the Captain
Police force
may resign . Superintendent three months' notice of his wish to withdraw ,
[ Ibid.s. 23.] and paying a sum equivalent to two months pay of the rank he
may hold at the time of his giving notice of withdrawal for each
unexpired year of his term of appointment. Provided always
[ No. 20 of
1890.)
that it shall be lawful for the Governor to remit the whole or any
part of the said sum .
Free passage 16. Every subordinate officer or constable shall at the term
or bonus
five yearsafter
' ination of each service of five years for which he may be
service .
[ No. 8 of 1869,
engaged , but subject to the proviso hereinafter contained, be
s. 3. ]
Proviso as to
entitled to a free passage from Hongkong to the port nearest to
notice. the place at which he may have been engaged for service, or in
lieu thereof, or in case heshall have been engaged in Hongkong,
he shall be entitled to a sum by way of bonus equal to three
months' pay of the rank to which at the time he may belong ;
provided always that he shall acquire no right to such free
passage or bonus unless he shall have given three months'
previous notice to the Captain Superintendent of bis intention
to leave the force at the expiration of such service of five years,
or unless he shall engage for a further period of five years in
which case he shall be entitled to the said bopus, although he
may not have given such notice.
Pensions. 17. It shall be lawful for the Governor in Council from time
[ 1 bid. s . 4. ]
to time to regulate the general conditions upon which , and the
manner in which pensions are to be granted to members of the
Police force and to determine in each particular case whether a
pension shall or shall not be granted to any member of the
Police force, and in the event of the Governor in Council determ
POLICE FORCE CONSOLIDATION , [ 14 of 1887. ) 925
ining that a pension shall be granted to any member of the
Police force, to further determine the amount to be paid in
respect thereof and the terms on which and the manner in
which the same shall be paid .
18. If within three years after the granting of a pension ofRevocation
pension .
under this ordinance to any member of the Police force it be [ Ibid . s. 5. )
proved to the satisfaction of the Governor in Council that the
person to whom such pension may have been granted had been
guilty of any corrupt practices in the execution of his office
either by receiving bribes or by inducing or compelling payment
directly or indirectly of any valuable consideration to himself or
to any other person by way of a bribe or by otherwise acting
corruptly in the execution of or under color of his office as a
member of the Police, then in every such case it shall be law
ful for the Governor in Council to revoke and annull the grant
of such pension ( if any be subsisting ) or to make such reduction
therein as to the said Governor in Council may appear fit.
19. The Captain Superintendent shall from time to time, Regulations
make such rules or regulations as he shall deem expedientfor ment and
the general government and discipline of the Police force ; but discipline.
such rules or regulations shall bave no force or effect until they
have been approved by the Governor in Council and published
in the Gazette.
20. It shall be the duty of the Captain Superintendent from talDepartmen
orders.
time to time to make, as he shall think fit, without reference to
the Governor, but subject to the Governor's disallowance or
revisal, such other departmental orders for the carrying out of
the daily routine of the force, and for regulating the internal
economy thereof.
21. Whenever any subordinate officer or constable shallresign on leaving
the service , or shall cease to hold and exercise his office, all trements
force,accou
to
power and authority vested in him by virtue thereof, shall be given up.
[No. 9 of 1862,
forthwith cease and determine to all intents and purposes . 14.
whatever ; and every such officer or constable shall deliver over
all and every the arms, ammunition, horses, accoutrements, and
other appointments whatsoever which shall have been supplied
to him in such capacity, to the person and at the time and
place to be appointed by the Captain Superintendent ; and it
shall be lawful for any Justice of the Peace to issue his warrant
to search for and seize such arms, ammunition, horses, accoutre
ments, and other appointments which shall not be so delivered
over, wheresoever the same shall be found.
22. Whenever any subordinate officer or constable shall be Penalty for
guilty of any neglect or violation of duty in his office, or shall duty
neglector of
926 [ 14 of 1887. ) POLICE FORCE CONSOLIDATION .
non -delivery
of arms on neglect or refuse to obey or execute any warrant lawfully
quitting force. directed to be by bim executed, or shall be guilty of any
(Ibid. s. 15.] disobedience to any rule or regulation made under section 19 ,
or of any other misconduct as an officer or constable, or who
having duly engaged and bourd himself to serve in the Police
force shall desert therefrom , or who being permitted to resign
shall not upon ceasing to belong to the force deliver up all arms,
accoutrements, and appointments, whatsoever entrusted to him
for theperformance of his duty, he shall, upon conviction thereof
before a Magistrate in a summary manner, forfeit and pay a
sum not exceeding two hundred dollars, and in default of pay
ment thereof, be imprisoned with or without bard labour, for
any term not exceeding six months; and every offender shall
forfeit all pay during his imprisonment.
Captain
Superin
23. The Captain Superintendent or the deputy superintendent
tendent or shall, in cases of discipline or neglect of duty by any constable
>
Magistrate to upon proof thereof to his satisfaction, have power to order the
breaches of
discipline.
offender to forfeit and pay a sum not exceeding twenty-five
[ Ibid . s. 16.] dollars, or award imprisonment for any term not exceeding
í No. 20 of seven days with forfeiture of pay ; or, in his discretion , the
1890.]
Captain Superintendent or the deputy superintendent may bring
the offender before a Magistrate who shall have power to award
imprisonment for any term not exceeding fourteen days with
or without hard labour, together with forfeiture of all pay
during such imprisonment. Ill sums forfeited under this section
(other than forfeiture of pay) shall lie paid into the Colonial
Treasury as the Captain Superintendent shall direct and shall be
applied to such purposes in connection with the Police force as the
Governor may from time to time direct either by a general instruc
tion or by a special order in any particular case.
Dismissal for
misconduct.
24. The Governor shall have power upon the representation
of the Captain Superintendent to dismiss any subordinate officer
or constable for misconduct or neglect of duty, or to approve of
the reduction of any sergeant or constable to a lower grade or
class in the force.
Rewarls,
badges, and
25. The Governor is hereby empowered to grant rewards to
medals may any officers , subordinate officers or constables who shall dis
be given for tinguish themselves by extraordinary diligence zeal or exertion
extraordinary
services . in the execution of their duties, and the Captain Superintendent
[ Ibid. s. 24.] shall report to the Governor any such officer, subordinate officer
or constable who shall so distinguish bimself,stating the nature
of the service ; and the Governor shall have power to grant
distinctive badges or medals to officers or constables for long
and faithful or extraordinary services .
Stations and 26. It sball be lawful for the Governor to direct suitable
furniture to
be provided stations for the quarters and accommodation of the Police force,
927
POLICE FORCE CONSOLIDATION . [ 14 OF 1887. )
and furniture suitable for the same, to be provided , and to direct force
for Police
.
the erection, fitting up and finishing of suitable premises as a [ Ibid. c. 25. ]
place or places for instructing, training, and drilling the Police
force as occasion may require.
27. It shall be lawful for the Governor, if he shall think fit, Specialduty
uport the application of any householder, to appoint auy member thereof upon
of the Police force to do special duty in and upon the premises houscholder's
of the applicant; and every householder who shall so avail (Ibid.8.26.]
himself of the services of any constable shall pay to the Captain
Superintendent for the same ihe whole of the pay and allowances
of such constable ; and all sums which shall be received by the
Captain Superintendent for such special services, shall be paid
by him into the Colonial Treasury forth with , and be accounted
for monthly ; and every sum of money due for such special
services shall be deemed a debt due to the Crown , and shall be
recoverable in like manner as other Crown debts in respect of
rent and otherwise as therein mentioned .
FIRST SCHEDULE .
Staff
1 Captain Superintendent. Police Force.
1 Deputy Superintendent. [No. 20 of 1890.)
1 First clerk and accountant.
1 Second clerk .
1 Third clerk .
1 Fourth clerk .
1 Indian interpreter.
7 Chinese sergeant interpreters.
7 Do. do. do .
21
Departmental Police.
Governor .. 1 Sergeant of Police.
6 Chinese constables and orderlies.
Treasurer 3 Indian constables.
Surveyor General ... 2 Indian constables for store .
3
4
nese }
3 ChiDo. do. for cemeteries.
Registrar General .... 1 Inspector of markets.
3 Inspectors for duty under the Contagious Diseases
Ordinance.
14 Police constables,
llarbour Master 1 Chinese constable.
1 European constable (at Shipping Office.)
4 Chinese constables in charge at Aberdeen .
1 Police sergeant (interpreter) at Ilarbour Master's
office.
928 POLICE FORCE CONSOLIDATION ,
[ 14 of 1887. )
Gunpowder Depôt ... 1 Indian sergeant.
4 Do. constables.
Supreme Court ...... 2 Chinese Do.
Civil Hospital ......... 1 Indian Do.
Police Magistrates ... 1 European Do.
1 Chinese Do.
54
European Force. - Land and water .
1 Chief Inspector .
11 Inspectors.
11 Sergeants.
88 Constables .
( Allowance to 10, as acting sergeants.)
111
Indian force.
1 Jemadhar .
5 Sergeants .
5 Acting sergeants.
189 Constables.
200
Chinese force.
5 Sergeants.
170 Constables.
175
Water Police.- Chinese.
3 Sergeants.
8 Acting Sergeants.
118 Constables,
129
689 Total force of all ranks and
55 Horse, Station , and chair coolies.
SECOND SCHEDULE .
Examination of a candidate for the Hongkong Police .
FORM I.
QUESTIONS. ANSWERS.
Name ?
Age ?
Height ?
Complexion ?
Eves ?
Hair ?
Particular marks ?
Figure ?
POLICE FORCE CONSOLIDATION . [ 14 of 1887. ] 9229
Where
QUESTIONS. ANSWERS,
? n
Parish, province, or district of
Bor
In or near the town of
In the Colony, or country of
Trade or calling ?
Religion ? ...
Read and write ?
Single or married ?
Number of children ?
Residence ? .....
What public service ?
Regiment, corps, & c . ? .
Length of service ?
Amount of pension ?
When discharged ?
With whom last employed ?
And where ? .......
If ever in the Police service before ? ..........
Name, address, and profession of nearest relative ,...
Signature of candidate.
Approved for medical examination .
Date , 188
Captain Superintendent of Police.
Surgeon's Certificate.
FORM II .
I hereby certify that I have examined the above candidate as to his health
and bodily strength, and that I consider him for Police duty.
Colonial Surgeon .
THIRD SCHEDULE .
Questions by Magistrate.
FORM I.
Questions to be put separately by the Magistrate to a person engaging or
enlisting into the service of the Police force.
1. What is your name ?
2. In what place were you born ?
3. What is your trade or calling ?
4. Are you married ?
5. Are you ruptured or lame ; have you ever been
subject to fits, or have you any disability or dis
order which impedes the free use of your limbs,
or unfits you for ordinary labour ?
6. Do you belong to the Army or Navy or Militia ?
7. Have you ever served in the Army or Navy, Mi- l
litia or Volunteers ? .....
8. Are you willing to serve in the Police of Hong
kong for the term of from
930 [ 14 OF 1887. ] POLICE FORCE CONSOLIDATION ,
I do make oath that the above questions have been separately
put to me : that the answers thereto have been read over to me, and that
they are the same that I gave and are true .
I do also make oath that I will well and faithfully serve Iler Majesty , Her
lleirs and Successors for the term of as of the
Police force of Hongkong, and will obey all orders of Her Majesty, Her
Heirs and Successors, and of all Magistrates and officers set over me. So
help me God .
IT'itness.
Signature.
Sworn before me at Victoria, llongkong, this day of
188
Magistrate.
Declarations in lieu of oath .
FORM II.
I do solemnly, sincerely and truly declare, that the above
questions have been separately put to me: that the answers thereto have
been read over to me, and that they are the same that I gave and are true.
I do also solemnly, sincerely and truly declare that I will well and faith
fully serve Her Majesty, Her Heirs and Successors for the term of
as
of the Police force of Ilonykony, and will observe and obey
all orders of IIer Majesty, IIer Heirs and Successors, and of all Magistrates
and officers set over me.
Ilitness,
Signature.
Declared before me at Victoria, Hongkong, this day of
188
Magistrate.
Regulations made by the Captain Superintendent of Police for the general
government and discipline of the Police force, on the 28th June,
1887, approved by the Governor in Council on the 1st
July and, gazetted 3rd September, 1887.
1. No subordinate officer or constable shall take directly or indirectly any
gratuity or reward whatsoever without the permission of the Captain Sniper
intendent of Police.
2. No subordinate officer or constable shall take either money or goods, or
money's worth , or anything whatsoever as a bribe from any person or persons,
dirucily or indirectly , and he shall not suffer any person or persons to take
money, or money's worth , or anything whatsoever as a bribe on his behalf, or
in his interest, or to be placed to his credit, or that of any relative or friend
for his benefit.
3. No subordinate officer or constable shall take fruit or any article without
payment from any bawker, stall , or shop.
POLICE FORCE CONSOLIDATION. [ 14 OF 1887.] 931
4. No subordinate officer or constable shall sell , pawn, lose by neglect,
make away with, or wilfully damage, his arms, accoutrements, or any article
of clothing or equipment, the property of the Government, that he may be put
in possession of.
* * ***
6. Aggravated cases of drunkenness such as drunk on or for duty, drunk
and disorderly, or riotous, drunk and resisting escort, &c., may be punished by
a Magistrate or Captain Superintendent according to the nature and degree of
a
the offence .
Regulation made by the Captain Superintendent of Police, upprored
by the Governor in Council 30th November, and
gazetted 24th December, 1887.
The following regulation shall be substituted for rule 5 of the Regulations
approved by the Governor in Council on the 1st July, 1887 :
5. Inspectors are to report to the Captain Superintendent of Police if they
have reason to suspect the existence of a public gambling or gaming -house,
but they are on no account themselves, without the instructions of a superior
officer, to go in or send any one else for the purpose of obtaining proof.
Regulation made the 10th January, 1888, by the Captain Superintendent
of Police, approved by the Governor in Council the 12th and
gazetted 14th January , 1888.
7. All recruits on joining the Police force will be vaccinated unless the
Colonial Surgeon exempts them .
The same rule will apply to all men re -engaging.
Leave regulations made by the Captain Superintendent of Police,
approved by the Governor in Council 20th August, and
gazetted 1st December, 1888 .
1.- EUROPEANS.
Leave at the expiration of five years' service.
1. Any European member of the Police force may, after each period of
five years' service, on claiming his return passage, under § 16 of Ordinance
14 of 1887, apply through the Captain Superintendent of Police to His
Excellency the Governor for permission to return to the service within a
period not exceeding nine months.
2. Should this application be approved, the applicant will receive half pay,
during his absence, and a certificate entitling him to a return passage to the
Colony within the period specified ; subject to his passing a satisfactory
me lical examination about three months before the expiration of his leave as
to his fitness to return to a tropical climate.
932 [ 14 of 1887. ] POLICE FORCE CONSOLIDATION,
3. The applicant shall enter into a bond for the refund of the half pay, or
the difference between his pension and half pay as the case may be, drawn
after his leaving the Colony, in case he does not return at the period specified.
4. This period may nevertheless be extended by the Secretary of State
for the Colonies, on such ground as may to him be satisfactory, and such
extension shall be deemed to be leave originally granted within the meaning
of the above sections 1 , 2, and 3, anything therein contained to the contrary
notwithstanding.
5. Such leave shall enable the applicant to count his previous service as
regards the time of service required before a pension is granted, and each
period of two months on leave shall count as one month's service towards the
computation of a pension.
6. On the applicant's return to the Colony, he shall be reinstated in his
relative position in the force, and he will be sworn in for a further period of
five years' service under $ $ 8 and 13 of Ordinance 14 of 1887.
7. If at the expiration of five years' service leave is refused on the ground
that the applicant's service cannot then be spared, he shall be allowed leave
at the earliest suitable date, and the time elapsing between the expiration of
the above mentioned five years' service and the date of his going on leave,
shall be calculated towards the period of five years' service to be served by
him on bis return from such leave. If the time of year at wbich a period of
five years' service expires is on consideration of health unsuitable for leave
to be taken , the applicant may, by permission, go on leave at any time within
six months from such expiration of service, and this interval shall count
towards his next period of five years' service.
8. The period of time spent on leave will not count towards the calculation
of time constituting any term of five years' service for bonus or passage.
II .-INDIANS .
1. Leave of absence will be granted to Indians, after each period of five
years' service, subject to the following conditions :
a . That the applicant's previous character has been good.
b. That the leave does not exceed six months, except on special au
thority.
c. That the period on leave counts towards the time of service necessary
for pension, in the proportion of two months' leave counting as one
month's service, and will enable him to count his previous service
towards the period of service required before a pension is granted .
d. That half pay is granted for the period on leave, and the return
passage of the applicant defrayed. These amounts will be paid on
the applicant's return to the Colony and re -enlistment.
e . The number of men on leave will be limited at the discretion of His
Excellency the Governor.
f. On the applicant's return he will be sworn in under $ S 8 and 13 of
Ordinance 14 of 1887, for a further period of five years' service, and
re -instated in his relative position.
III. Members of the force who are drawing allowance for knowledge of
Chinese will be allowed to draw half the allowance when on half pay leave.
POLICE FORCE CONSOLIDATION . 933
[ 14 og 1887. ]
HONGKONG POLICE .
PENSION REGULATIONS .
The following Regulations, concerning the general conditions upon which pensions,
superannuation allowances, or other relief are to be granted to subordinate
officers or constables of the Police force, are authorized by the Governor in
Council, the 20th day of July, 1891. (Gazette 21st July, 1891.)
1. The Regulations made by the Governor in Council, on the 10th February,
1891 , and gazetted on the 28th February, 1891 , are hereby repealed.
2. Subject to the exceptions and provisions hereinafter contained, a pension
will be granted to any subordinate officer or constable of the Police force , who
has completed fifteen years' service, at a rate not exceeding 20 60ths of the
annual pay of his rank, provided he shall have been in receipt of the same
for the last three years ; otherwise, the pension shall be calculated upon the
average amount of pay received by such person during the three years next
preceding the commencement of such pension . Further, for every full and
complete year's service after fifteen years, an addition to the annual pension
of 1 60th part of the average annual pay of his rank shall be made for each
additional year of such service.
3. Any subordinate officer or constable of the Police force who may be
invalided after serving ten complete years and under fifteen years, may
(provided that such invaliding be not the consequence of intemperate or
vicious habits) be granted a pension not exceeding 15,60114 of the average
annual pay of his rank during the past three year's service, and 1 60th for
each full and complete year's service after ten years.
4. Any subordinate officer or constable of the Police force who may be
invalided as aforesaid before the completion of ten years' service may be
granted a gratuity not exceeding one month's pay for each complete year's
service .
5. Subject to the exceptions and provisions hereinafter contained, a pension
will be granted to any subordinate officer or constable of the Police force
who joined previous to the 13th September, 1884, (excepting those who have
joined under or have accepted an agreement to serve fifteen years' before
becoming entitled to a pension ) who has served ten years, at the rate of
15 60ths of the annual pay of his rank, provided he shall have been in receipt
of the same for the last three years ; otherwise, the pension shall be calculated
mpon the average amount of pay received by such person during the three
years next preceding the commencement of such pension . Further, for every
full and complete year's service after ten years, an addition to the annual
pension of 1 60th part of the average annual pay of bis rank shall be made
for each additional year of such service.
6. Extra pay for acting appointments will in no case be taken into
consideration in determining the amounts of pension or gratuity.
7. Time spent on leave with half salary, provided it does not exceed 16t!
of resident service, shall be reckoned for pension purposes at the rate of one
month for every two months of such leave, but absence without salary or
beyond 1 /6th of resident service shall not be reckoned at all .
8. All pensions granted shall be payable in Hongkong or London, or in
the principal towns of British India .
934
[ 14 of 1887. ) POLICE FORCE CONSOLIDATION.
9. Fuli pensions or gratuities will be granted only on the applicant's
conduct having been uniformly good.
10. Should the applicant's conduct not have been uniformly good, a
modified pension or gratuity will be granted. Should his conduct have been
decidedly bad , no pension or gratuity will be paid.
11. A commuted payment, calculated at five times the amount of the
annual pension, may be granted in lieu of a pension, if the applicant should
be unable to draw his pension at any of the places before mentioned,or on the
application of the grantee, at the discretion of His Excellency the Governor.
12. If any person receiving a pension under these regulations should be
appointed to fill any office in any public department, such pension shall
cease to be paid for any period subsequent to such appointment if the annual
amount of the profits of the office to which be shall be appointed shall be
equal to those of the office formerly held by him ; and in case it shall not be
equal to those of his former office, then no more of such pension shall be
paid to him than what with the salary of his new appointment shall be equal
to the profits of his former office .
13. A pension is granted only on the condition that it becomes forfeited,
and may be withdrawn by His Excellency the Governor, in any of the
following cases :
(a.) On the conviction of the grantee for any indictable offence.
(6.) On his knowingly associating with thieves or suspected persons.
( c.) On his refusing to give information and assistance to the Police
whenever in his power, for the detection and apprehension of
criminals, and for the suppression of any disturbance of the
public peace.
( d .) If he enter into or continue to carry on any business, occupation ,
or employment, which shall be, in the opinion of His Excellency
the Governor, disgraceful in itself or injurious to the public, or
in which he shall make use of the fact of his former employment
in the Police in a manner which His Excellency the Governor
considers to be discreditable and improper.
14. It shall , however, be in the discretion of the Governor in Council to
grant a special rate of pension to any subordinate officer or constable of the
Police force who may be compelled to quit the public service by reason of
severe bodily injury, occasioned without his own fault, in the discharge of
his public duty or whose retirement may be proved to have been accelerated
by such injuries.
In every such case the amount of pension shall be made to vary partly in
proportion to the number of years served by the injured man , and partly in
proportion to the severity of the injury and the date of its occurrence. The
portion of the pension earned by length of service shall be calculated at the
rate of 1,60th of the salary of the officer at the time when he retires, for each
year of service then completed by him , whether the number of years served
he more or less than 10, but no number of years service shall be allowed to
give a claim to pension of more than 40 /60ths in respect of service only ; and
in every such case a medical certificate shall be furnished stating :
(a.) Whether the capacity of the officer affected to contribute towards
his own support is slightly impaired,impaired, materially impaired,
or totally destroyed, and
(6.) Whether such incapacity is likely to be permanent.
( c .) Whether the retirement is to be attributed solely and immediately
to the injuries received .
POLICE FORCE CONSOLIDATION , 14 OF 1887. ] 935
HONGKONG AND SHANGHAI BANK . 15 OF 1887. )
An addition to the pension of the officer, on account of the injury may
then be made on the following scale :
(a.) When the capacity is certified to be slightly impaired not exceed
ing 660ths of the pay of the officer at the time he receives such
injury.
(6.) When impaired not exceeding 12 60ths ;
( c.) When materially impaired not exceeding 18 60ths ;
( d.) When totally destroyed not exceeding 24 60ths .
But in no case shall the total amount of the pension exceed the full amount
of the pay of the sufferer at the time when the injury occurred .
15. When Police officers are transferred to some other civil employment
under the Government of Hongkong or to any other public employment with
the sanction of the Governor, they will not, in the absence of any special
arrangement to the contrary, retain a claim to pension under these regula
tions but will be dealt with under the ordinary regulations for civil servants
or under such special arrangements as may be made at the time of the
transfer.
No. 15 OF 1887,
An Ordinance authorising the Hongkong & Shanghai
Banking Corporation to continue incorporated for
the further term of Twenty - one years .
[ 4th May, 1887.]
WIHEREAS by section 4 of The Hongkong and Shanghai Preamble.
Bank Ordinance, it is provided that the Hongkong and ( No. 5 of
Shanghai Banking Corporation therein and hereinafter called
the Company should be established for the purpose of carrying
on under the management of a court of directors the business
of banking for the term of twenty -one years commencing from
the day of the date of that ordinance in the Colony. And
whereas by section 29 of the said ordinance it was provided
that on the determination of the said term of twenty -one years
the powers and privileges hereinbefore conferred on the company
should cease unless the Governor, with the advice of the
Legislative Council, should declare to the contrary and by an
ordinance to that effect authorize the Company to continue
incorporated under the provisions of the said ordinance for a
further term of ten years, or for such period and under such
provisions and conditions as might be contained in the said
ordinance. And whereas the said term of twenty -one years
expires on the 14th day of August, 1887. And whereas it is
expedient to authorize the Company to continue incorporated
under the provisions of the said ordinance for* a further term of
* *** *
twenty -one years :
936 15 of 1887. HONGKONG AND SHANGHAI BANK .
( 16 of 1887. ) WHIPPING .
Continuance
for a further 1. The company shall continue incorporated and shall carry
term of 21 on the business of banking under the provisions and conditions
years. contained in The Hongkong and Shanghai Bank Ordinance as
amended by Ordinance No. 21 of 1882 for the further term of
twenty-one years commencing from the 14th day of August,
1887 .
Ordinances ő
, 21
2. Tbis ordinance and The Ilongkong and Shanghai Bank
1882, andthis Ordinance as amended by Ordinance No. 21 of 1882 shall be
ordinance to read together and construed as one ordinance .
be read as one
ordinance .
Suspending 3. This ordinance shall not come into operation unless and
clause .
until the Officer Administering the Government notifies by
proclamation that it is Her Majesty's pleasure not to disallow
the same and thereafter it shall come into operation upon such
day as the Officer Administering the Government shall notify
by the same or any other proclamation.
[ Confirmation proclaimed 16th August, 1887 : but no day notified from the
coming into operation of the ordinance .]
No. 16 OF 1887.
An Ordinance empowering the Courts to award Whip
ping as a further punishment for certain Crimes.
[24th June, 1887. ]
:* * ***
Power to 1. If any person shall be convicted of a crime who at the
awardpunish-
ment of
time of the commission thereof shall have been armed with any
whipping in offensive weapon or instrument, or
cases hcrcin
namet. If any person shall be convicted
[ No. 12 of
1865. ] (a.a ) of any felony not punishable with death , committed
7 and 8 Geo .
IV , ch . 28 , after tio previous convictions for felony, and the
sec. 2 . sentence for each of which has been at least six
months'imprisonment with hard labour, or
( 6. ) of any crime under sections 32 , 33 , 34, 35 and 36 of
Ordinance 7 of 1865, or
( c . ) of piracy, or
( d .) of indecent assault,
the Supreme Court may in addition to the punishments awarded
for such crimes direct that the offender if aa male be once, twice
or thrice privately whipped.
WHIPPING . 116 OF 1887 . 937
CATTLE DISEASES, SLAUGHTER - HOUSES ( 17 OF 1887. ]
AND MARKETS .
2. If any person shall be convicted under section 28 of Or- Offences
dinance No. 7 of 1865 of stealing any chattel money or valuable 7against
of 1865,Ord.
s.
security from the person of any child or woman without violence , 28 to be
punished
the Court or Magistrate * before which such person is tried may whipping.
in addition to the punishment awarded for such crime direct [ No. 23 of
that the offender if a male be once, twice or thrice privately 1887.)
[*See note at
whipped. foot.]
3. In the case of any offender whose age does not exceed Number of
sixteen years the number of strokes at each such whippingshall strokes.
not exceed twelve.
In the case of every other male offender convicted under this (* query : un
ordinance * the number of strokes shall not exceed thirty -six at der any of the
ordinances
each such whipping . herein
mentioned .]
4. It shall not be lawful to award any sentence of whipping be Whipping
inflicted
to
on the back, and every sentence of whipping shall prescribe the with a rattan
and numberof
number of strokes and shall provide that such whipping shall strokes to be
be inflicted with a rattan on the breech , privately in prison and mentioned in
sentence .
within six months of the sentence . [ No. 12 of
1865, and No.
3 of 1881 , sec.
3. ]
5. Provided that nothing in this ordinance contained shall Present
be construed as limiting the powers now possessed by the Su- Supreme
powers of
preme Court to award whipping as an additional punishment Court not
for certain crimes .
[ So much of this ordinance as relates to the power of a
Magistrate to order whipping : Repealed by
Ordinance No. 10 of 1890.]
No. 17 OF 1887.
An Ordinance entitled The Cattle Diseases, Slaughter- ing Amend
( SeeOrd . No.
Houses, and Markets Ordinance, 1887. 23 of 1890. ]
[ 20th June, 1887. ]
***
1. In the construction of this ordinance, the term City of Definitions.
Victoria means the City of Victoria bounded as follows :
On the north by the harbour, on the south by the Pokfú
lam and Taitam conduits , on the east by a straight
line drawn from Whitfield Police Station to the mouth
of the Taitam tunnel, and on the west by Mount
Davis,
938
[ 17 of 1887. ) CATILE DISEASES, SLAUGHTER -HOUSES
AND MARKETS .
Cattle means bulls, cows , oxen , heifers, calves, and buffaloes.
[ No. 23 of Animal except where otherwise expressed means cattle, sheep
1890. ]
and goats and all other ruminating animals and swine.
Disease means any infectious, contagious or communicable
disease of animals.
Market building means any house, shop, stall , or other build
ing in a market.
PART I.
Importation of cattle.
Bye-laws by
Governor in
2. The Governor in Council may make and when made, vary ,
Council. add to, or revoke bye-laws in respect of the following matters:
[ Ibid. ] ( 1. ) Prohibiting the importation or landing of animals
otherwise than at such times and places, and sub
ject to such conditions regarding inspection, mark
iny, isolation , subsequent disposal, and payment of
such inspection fees as may be prescribed by such
bye-laws.
( 2. ) Providing for the regular inspection of all places
where animals are kept.
( 3. ) The slaughtering or isolating and keeping under ob
servation any animal that may
inay appear to be or may
be reasonably suspected of being infected or of
having been in contact or in the same herd with
animals affected with disease.
( 4. ) Authorising the Sanitary Board to dispose of the
carcase of any animal slaughtered under the provi.
sions of this ordinance in such manner as it may
deem fit.
( 5. ) Authorising the Sanitary Board to declare places to
be infected with disease and to prohibit the removal
of any animal, fodder, litter, utensil, or other thing
from such places.
( 6. ) Prescribing the modes of cleansing and disinfecting
of places which have been occupied by any animal
suffering from infectious disease.
Compensa-
tion for
3. The Governor in Council shall direct that out of the public
animals revenue of the Colony compensation shall be paid as follows
slaugitered. for any animal slaughtered under the provisions of this ordi
pance :
( 1. ) When the animal has shown no symptoms of disease
within 3 days after importation but has showed
939
CATTLE DISEASES, SLAUGHTER-HOUSES ( 17 OF 1887. ]
AND MARKETS .
symptoms of disease within 14 days after importa
tion, one third of its value when imported shall be
given .
( 2. ) When the animal has shown symptoms of disease
after being over 14 days in the Colony, one half
its value immediately before it became affected shall
be given.
( 3. ) When the animal has shown no symptoms of disease
but has been in contact or in the same herd with
diseased cattle, compensation shall be given.
( 4. ) Provided that the sum to be allowed as compensation 189
(No.0.)12 of
for one animal shall in no case exceed $ 200 .
( 5. ) When the animal has shown symptoms of disease on
importation or within 3 days after importation no
compensation will be given.
4. The Governor in Council shall direct that out of the public Compensa
revenue of the Colony the full market value shall be paid for tion for
articles
all articles destroyed in the disinfecting of infected premises under destroyed.
the provisions of this ordinance.
5. The amount of compensation for animals slaughtered and value to be
articles destroyed shall be fixed by an inspector of live-stock, inspector
fixed by of
and any person dissatisfied with his valuation may appeal live-stock .
therefrom to the Governor in Council .
6. No person shall bring into the Colony, or drive, carry, Transport of
transport, remove, or have or keep , or knowingly suffer to be animals,
had or kept under his control or on his premises any animal or
other creature used for human food in any way which may
cause needless or avoidable suffering to such animalor creature .
7. All animals brought to the Colony for the purpose of Cattle depôts.
being slaughtered shall be kept, except when they may be
turned out to graze, in a properly constructed depôt licensed
by the SanitaryBoard under section 13 of Ordinance No. 24 of (No. 23 of
1887. No animals shall be turned out to graze when the 1890.)
Sanitary Board shall, for sanitary reasons, forbid such grazing
by an order in writing.
PART II.
Slaughter -houses.
8. A sufficient number of fit and proper slaughter-houses to Establishing
meet the requirements of the Colony shall be provided by the afslaughter
and
Government and it shall be lawful for the Governor in Council the letting
thereof,
to grant to any person or persons the sole privilege of slaughter
910
[ 17 of 1887. ) CATTLE DISEASES, SLAUGHTER - IIOUSES
AND MARKETS .
[ Ibid. ) ing animals within the Colony or within any particular district
or locality therein, for such rent, premium , or consideration
and for such period and upon such conditions as shall be
deemed expedient; always provided that the Governor in
Council may at discretion lease the privilege of slaughtering
animals by private contract or appoint any person to manage
the public slaughter -houses. All contracts entered into for the
leasing of the privilege of slaughtering animals within the
Colony before the passing of this ordinance shall continue in
force until such contracts shall expire.
Prohibiting
the establish
9. No slaughter -house shall be opened or kept open except
ment of other under the provisions of this ordinance; and every slaughter
slaughter- house which shall be otherwise opened or kept open shall,
houses.
together with the building in which the same shall be carried
on , be deemed a nuisance.
Privilege of 10. The lessee of the privilege of slaughtering animals shall
slaughtering
animals, enjoy, during the whole of the term of his lease, the sole and
exclusive privilege of slaughtering animals in the Colony, and
shall give such security for the payment of the rent thereof and
for the due observance of the bye- laws regulating slaughter
houses as the Governor in Council may direct.
Sub -letting
prohibited .
11. The lessce of the privilege of slaughtering animals in the
Colony shall not sublet or assign any part thereof without the
written permission of the Registrar General.
Slaughtering 12. No person shall slaughter any animal or dress any carcase
except in
slaughter thereof for sale except within a slaughter -house appointed for
houses
prohibited. that purpose under tliis ordinance ; always provided that goats
may be slaughtered by or for any Indians, Indian troops or
Indian Police quartered in the Colony.
Unauthorised
13. Except as provided in this ordinance no person shall
fees,onebarges demand or receive any money or other valuable consideration as
prohibited.
a fee, fine , toll, rent or otherwise for access or admission to or
for slaughtering any animal in any slaughter -house.
Slaughter- 14. The Captain Superintendent of Police, the Registrar
to inspection.. General, the Surveyor General, and their respective officers as
well as members and officers of the Sanitary Board shall have
at all times free access to every part of every slaughter-house.
Power to 15. The Governor in Council may from time to time make
make
bye-laws. d when made revoke, add to , or alter bye - laws for regulating
the slaughter -houses in the Colony.
CATTLE DISEASES, SLAUGHTER -HOUSES ( 17 of 1887. ) 941
AND MARKETS .
PART III. [ See No. 10 of
1890, s. 93. ]
Markets.
16. All markets established at the time of the coming into maike
listabtsis!ing
operation of this ordinance shall be continued and shall be Prohibiting
subject to this ordinance, but it shall be lawful for the Governor other markets.
in Council from time to time to close any of them , and also to
establish or close any new market. Nomarket shall be opened
or kept open except under the provisions of this ordinance; and
every market which shall be otherwise opened or kept open
shall, together with the building in which the same shall be
carried on , be deemed a nuisance.
17. No buildings shall be erected or maintained in any market markets.
Buildings in
except stalls, quarters for market officers, police and porters.
Such buildings shall be of stone or brick and the stalls shall be
fitted with stone or wooden counters. No person shall be allow
ed to pass the night in any market except the Police and care
takers recognised by the Government.
18. All market buildings shall be let by the Registrar Letting of
General in such manner and on such conditions as shall from market
buildings.
time to time be approved by the Governor in Council. Until [ Sec condi
such conditions and manner of letting shall be so established or tiems,and
manner of
varied they shall be as follows: letting 21st
May, 1890,
( 1. ) All market buildings shall be let without fine or Gazette 7th
premium , either from month to month, or for a June, 1890.]
term of years, for the highest rent obtainable, such
rent to be ascertained by sealed tenders. In case
of equal tenders the tenant in possession, if any ,
shall have the preference.
( 2. ) If tlie letting is from month to monthi, a month's
notice of its discontinuance shall be given either by
the Registrar General or the lessce as the case may
be.
( 3. ) If the letting is for a year or more , no notice of the
expiration of the term shall be necessary.
( 4. ) No market building shall be let for more than three
years except on a higher rent than can be obtained
for three years' lease, nor for any term exceeding
five years' lcase without the approval of the Govern
or.
( 5. ) All rents of market buildings shall be paid to the
Registrar General in advance within the first seven
days of each month .
942 [ 17 of 1887. ) CATTLE DISEASES, SLAUGHTER-HOUSES
AND MARKETS .
( 6. ) The Governor may order the forfeiture of any lease of
a market building if it shall be proved to his
satisfaction that the licensee has used such market
building for any other purposes than those pertain
ing to the business of a market.
Sub -letting
probibited.
19. No lessee of any market building shall sublet or assign the
same or any part thereof without the written permission of the
Registrar General , nor shall transfer his lease to any other person..
Nevertheless the business of any lessee may be carried on , in
case of his death or absence, by his executors, administrators,
or agents until the expiration of his lease.
Alterations to
buildings.
20. No alteration in or addition to any market building sball
be made or commenced by any lessee thereof without the sanc
tion of the Surveyor General in writing.
Repairs to
buildings by
21. Whenever the lessee of any market building shall fail to
lessee. comply with any condition of his holding or grant as to the
execution of any repairs to such market building, or other works
in connection with the same, the Surveyor General may sum
mon such lessee before aa Police Magistrate, who may summarily
order him to execute such repairs or other works within a rea
sonable time to be specified in such order. Any failure to carry
out the terms of such order shall be deemed an offence against
this ordinance.
Sales outside
22. Except as by this ordinance provided, no person shall
markets pro- within the city or harbour of Victoria or in such villages as
shall be named in any bye-law to be made for the purpose by
the Governor in Council sell or expose for sale in any place not
being a public market within the meaning of this ordinance any
articles of food for man usually sold or exposed for sale in a
public market ; always provided that the Governor in Council
may from time to time grant licences for the sale of articles of
food for man elsewhere than in a public market, to such persons,
for such considerations, and for such periods as he shall think
fit.
Exceptions to 23. Nothing in this ordinance shall be so construed as to
the prohibi
tion of sales forbid any of the following sales of food :
outside
markets ,
( 1. ) Of rice, bread, milk, salt-fish, or confectionery.
( 2. ) Of green vegetables, fruit, bean -curd , congee, soup, or
other prepared food by licensed hawkers.
( 3. ) Of fish, by licensed boatmen at a distance of at least
one hundred yards from shore.
CATTLE DISEASES, SLAUGHTER - HOUSES ( 17 OF 1887. ) 943
AND MARKETS .
( 4. ) Of cooked provisions to customers by any licensed
victualler or keeper of a boarding house or refresh
ment room .
( 5. ) Of any food commonly sold by chandlers and pur
veyors not being raw butchers' ineat.
( 6. ) Public sales by licensed auctioneers.
[ No 23 of
1890, s. 2 ana
see 88. 4 & 5.)
25. Except as provided by this ordinance , no person shall Unauthorised
demand or receive any money or other valuable consideration prohibited
feesorcharges
.
as a fee, fine, toll , rent or otherwise for access or admission to ,
or for selling, or buying in any market.
26. The Captain Superintendent of Police, the Registrar Markets open
inspection.
to
General , the Surveyor General and their respective officers as
well as meinbers and officers of the Sanitary Board shall have
at all times free access to every part of every market building.
27. The Governor in Council may from time to tiine make mak Power to
e bye.
and when made revoke, add to, or alter bye-laws for regulating laws.
the markets of the Colony.
PART IV .
Miscellaneous.
28. All orders in Council and bye-laws made under this Promulgation
ordinance shall be published in the Government Gazette in bye
of orders
-laws. and
English and Chinese. Every order in Council shall take effect
from the date specified in such order. All bye-laws when pub
lished shall be construed as parts of this ordinance and such
bye-laws shall be binding not only upon all licensees under this
ordinance but also upon all persons employed by or dealing
with them . The bye -laws set forth in the schedules hereto
annexed shall be the bye -laws made under this ordinance until
the same shall be altered or repealed by the Governor in Council.
29. Offences against this ordinance shall be considered to offences.
Definition of
be :
( 1. ) Refusal, neglect, or omission to do any act coinmanded
by this ordinance or by any order in Council made
thereunder.
( 2. ) Refusal to permit or obstruction of any such act.
( 3. ) The doing of any act forbidden by this ordinance or
by any order in Council made thereunder.
941 ( 17 of 1887.) CATTLE DISEASES, SLAUGITER -HOUSES
AND MARKETS .
Penalties. 30. For every offence against this ordinance there shall be
.
payable.
( 1. ) In the case of any offence against sections 2 to 6
inclusive, a fine not exceeding two hundred dollars.
2.) Inone
thehundred
case of any other offence, a fine not exceeding
dollars.
In addition to which any licence held under this ordinance by
the offender may be forfeited :
Recovery of 31. All penalties for offences against this ordinance may be
penalties.
recovered in a summary way before a Police Magistrate.
33. This ordinance shall come into force on a day to be
named by the Governor.
SCHEDULES.
A.
Cattle diseases.- Bye-laws.
Cattle landing 1. All animals imported into the Colony by water shall be landed either
wharves and
time of landing. at the cattle wharf at Kennedy Town, the wharf of the Hongkong and
[SeeOrd.in coun. Macao
cil 13th June,
Steamboat Company,
Steam Navigation Company, and
at the
Pravawharf commonly
Central, used by the
the Ilongkong China
Kowloon
1889.)
Wharf and Godown Company's Pier at Praya West, the Dairy Farm Company's
wharf at Pok -fu -lam , or the Police Station wharf at Yaumáti, between the
hours of 6 o'clock and 11 o'clock in the morning or between the hours of 2
o'clock and 6 o'clock in the evening.
Importation of 2. All animals imported into the Colony by land shall be driven direct to
Cattle and
by . sheep the cattle market at the village of Yaumáti, and their arrival reported forth with
[ See ibidl .) at the Yaumáti Police Station ,
Cattle and sheep 3. All animals imported into the Colony shall be forth with inspected
to be inspected
on importation . and duly marked by an inspector of live -stock, and any animal which he
Discased animals finds to be diseased or which he may suspect to be suffering from disease
[ See ibid . ] shall be placed in segregation and under observation at the depôts set apart
for the purpose at Kennedy Town and Yaumáti.
Segregation of
animals to be
4. An inspector of live- stock , shall in every instance, with all practicable
reported to speed , report to the Sanitary Board the whole of the ascertainable particulars
Sanitary Bourd., concerning the animals he places in segregation.
Keep of 5. The owner of each animal placed in segregation shall pay five cents
segregated
animals , per day for the keep of such animal until it is either passed as being free from
disease or destroyed.
Slaughter of 6. If it appears to the Sanitary Board that an animal placed in segregation
from disease and is suffering from a dangerously infectious disease, it shall cause such animal
disposal of
carcase .
to be forthwith slaughtered and the carcase thereof shall be disposed of in
such manner as the Boaril may seem fit .
CATTLE DISEASES , SLAUGHTER -HOUSES ( 17 OF 1887. ] 945
AND MARKETS .
7. If it appears to the Sanitary Board that any animal has been in contact Slaughtering of
or in the same herd with animals suffering from disease, it may at discretion been
animalthat has
contact
cause such animal to be slaughtered and the carcase thereof shall be disposed animal.
with diseused
of in such manner as the Board may deem fit .
8. The carcase of any animal slaughtered under the provisions of rules 6 property
Carcases of the
and 7 shall be the exclusive property of the Government. Government,
9. No person shall knowingly bring into the Colony any animal suffering Importation
from disease . animals
prohibited.
10. Such fee as may be from time to time be determined by the Governor Inspection fees.
in Council will be charged for each head of cattle and for each head of sheep
imported into the Colony.
1. An inspector of live-stock shall visit, at such times as the Sanitary cattle,
Inspection of
sheep and
Board may direct, all places where animals are kept and inspect them , and he swine depóts.
shall immediately report to the Sanitary Board all cases of disease which he fee
13th Ord.in
June, Coun:
may detect during such inspection . 1889.)
12. Where it appears to the Sanitary Board that disease exists or has Places to be
within 56 days existed in any place wliere animals are kept, the Board may infected.
declare such place to be infected and take such steps to prevent the spread of [ See ibid .)
disease as it deems necessary .
13. When a place has been declare to be infected a placard shall be posted Removalof
there to that effect and the removal therefrom , without the sanction of the infected
articles from
areas
Sanitary Boaril, of any anima!, carcase, fodder, litter, utensil or other thing prohibited .
therein is prohibited .
14. Every person having in his premises or under his charge an animal Diseased animals
to be reported.
affected with disease shall, with all practicable speed , report the same to the
officer in charge of the nearest Police Station.
Do.
15. The Police shall forth with report to the Sanitary Board all cases of
animal disease coming under their notice.
16. The digging up of a carcase of an animal which has been buried is Digging up of
carcases
prohibited . prohibited .
17. The Sanitary Board shall cause all places where a diseased animal has Disinfection of
infected places.
been kept to be cleansed and disinfected in such manner as it deems fit
at the public expense.
( B. )
Slaughter - houses. - Bye -laws.
* * ( Substituted for
1 , 2 and 3 by Bye
No sheep or cattle shall be slaughtered for human food in any of the 1890,law 21stMay,
slaughter-houses unless bearing an official mark showing their fitness for June 1890. 7th
, gazette
such purpose.
4. The lessee of the privilege of slaughtering animals, shall provide all Providing
slaughtermen.
persons necessary for the purpose of slaughtering animals and dressing the and
carcases thereof, together with a suflicient supply of hot water, and shall bave
the same in readiness at all times for the service of persons making use of
the slaughter-houses.
5. The lessee of the privilege of slaughtering animals, shall at all times Chargesfor
allow any person to slaughter any animal or dress any carcase for sale on pay slaughtering,
ment to him of a fee not exceeding twenty cents for each animal weighing
less than one picul or forty cents for each animal weighing more, besides the
blood of such animal, which the lessce may retain.
9:46
[ 17 of 1887. ) CATTLE DISEASES, SLAUGHTER-HOUSES
AND MARKETS.
Weight of 6. The weight of each animal for the purposes of the preceding rule shall
animals.
be ascertained before it is slaughtered .
Hanging sheds 7. Each slaughter-house shall be provided with a hanging shed, in which
and carriage of
meat. the carcase of every animal slaughtered shall be hung as soon as it is dressed .
Such carcases shall continue hanging in such shed until they are removed to
the markets, which removal shall be by means of a wheeled and covered
vehicle or in a boat in either of which the carcases can be hung, and not
otherwise .
Ventilation and 8. The lessee of the privilege of slaughtering animals shall cause the
drainage of
slaughter
houses.
means of ventilation and drainage provided in or in connexion with the public
slaughter -houses in the Colony to be kept, at all times, in proper and efficient
action .
Water supply 9. The lessee of the privilege of slaughtering animals shall canse the
of slaughter
houses . means of water-supply provided in or in connexion with the slaughter-houses
in the Colony to be kept, at all times, in proper order,
Removal ofblood,
Hith , etc., in
10. The lessee of the privilege of slaughtering animals shall provide a
proper recepta sufficient number of vessels or receptacles, properly constructed of some non
cles.
absorbent material, and furnished with closely fitting covers, for the purpose
of receiving and conveying from the slaughter-houses of the Colony all blood,
manure, garbage, filth, or other refuse products of the slaughtering of animals,
or the dressing of any carcase therein . He shall forthwith upon the comple
tion of the slaughtering of animals or the dressing of any carcase in the
slaugbter -houses of the Colony cause such blood, manure, garbage, filth , or
other refuse products to be collected and deposited in such vessels or recep
tacles, and he shall cause all the contents of such vessels or receptacles to be
removed from the slaughter-houses at least once in every twenty -four hours.
He shall cause every such vessel or receptacle to be thoroughly cleansed
immediately after such vessel or receptacle shall have been used for such
collection and removal, and shall cause every such vessel or receptacle when
not in actual use to be kept thoroughly clean.
Providing and 11. The lessee of the privilege of slaughtering animals shall provide the
slaughter-house proper
appliances.
instruments,
slaughtering appliances,
and he shall cause alland utensils
such articlesrequired for the purpose
to be thoroughly of
cleansed
immediately after the completion of the process of slaughtering in which they
have been used, and he shall also cause every such utensil when not in actual
use to be kept thoroughly clean.
Cleansing of
slaughter
12. The lessee of the privilege of slaughtering animals shall cause every
houses . part of the internal surface of the walls and every part of the floors of the
slaughter -houses in the Colony to be kept, at all times, in good order and
repair, so as to prevent the absorption therein of any blood or liquid refuse or
filth which may be spilled or splashed thereon, or any offensive or noxious
matter which may be deposited thereon or brought in contact therewith . He
shall cause every part of the internal surface of the slaughter -houses above
the floor to be either thoroughly washed with hot lime- wash or tarred, at
least, four times in every year. He shall cause every part of the floors of
such slaughter-houses, and every part of the internal surface of every wall on
which any blood or liquid refuse or filth may have been spilled or splashed,
or with which any offensive or noxious matter may have been brought in
contact during the process of slaughtering or dressing in such slaughter
houses, to be thoroughly washed and cleansed within three hours after the
completion of such slaughtering or dressing.
947
CATTLE DISEASES, SLAUGHTER -HOUSES ( 17 OF 1887. )
AND MARKETS .
13. The lessee of the privilege of slaughtering animals shall cause the hide Removalofhides,
or skin , fat, and offal of every animal slaughtered in the slaughter-houses of skins, fat, &c.
the Colony to be removed therefrom within twenty - four hours after the com
pletion of the slaughtering of such animal.
14. The lessee of the privilege of slaughtering animals shall not at any Dogs in slaugh
-houses
time keep any dog or cause any dog to be kept in any of the slaughter-houses prohibited.
of the Colony. He shall not at any time keep, or cause , or suffer to be kept
in any of the slaughter -houses any animal of which the flesh may be used for
the food of man, unless such animal be so kept in preparation for the animals Keeping inof
slaughtering thereof upon the premises, and he shall not keep such animal slaughter -houses
or cause or suffer such animal to be kept in any of the slaughter-houses for a except
prohibited
under
longer period than may be necessary for the purpose of preparing such animal certain
for the process of slaughtering. He shall cause all animals kept in prepara- conditions
tion for slaughtering to be confined in the stalls, pens, or lairs provided on
the premises for this purpose.
15. The lessee of the privilege of slaughtering animals shall cause every Animals in
animal brought to any of the slaughter-houses in the Colony, and confined in slaughterhouses
be supplied
any stall, pen, or lair upon the premises previous to being slaughtered, to be with water.
provided during such confinement withi a sufficient quantity of wholesome
water.
16. Animals confined in the stalls, lairs, or pens attached to the slaughter- animals
Spo allotted
.
for
houses shall have at least the following space allotted to them, viz. :
Every ox or cow (8 feet by 2 feet) 16 superficial feet.
Every sheep or pig (4 feet by 1 foot) 4 superficial feet.
( C. )
Form of Market Register.
Market
Shop No.
entry
entry
Date
Date
Name Term Signature
For the Monthly
of
of lessee or of Seal .
of
of Remarks.
.
.
sale of rent.
tenant. lease. lessee.
948
[ 17 OF 1887. ] CATTLE DISEASES, SLAUGHTER -HOUSES
AND MARKETS .
(D. )
Markets.—Bye-Laws.
Classification of 1. Market buildings shall be classified and set apart by the Sanitary Board
buildings.
for the sale of meat, fowls, fish , fruit, vegetables, and such other perishable
goods.
Numbering. 2. The Surveyor General shall cause all market buildings to be numbered .
Register to be 3. A register of all market buildings shall be kept by the Registrar
kept.
General in the form of schedule C to this ordinance. Every entry in such
register shall be primâ facie evidence of the facts therein appearing.
Manner of letting 4. The Registrar General shall cause to be conspicuously exhibited on a
vacant buildings. notice board in each market a list of all market buildings let by the month,
and of those shortly to become vacant, and notice shall, in the case of build
ings about to become vacant, be exhibited at least three weeks before the
vacancy and a time fixed for the reception of tenders.
Ilonrs during
which markets
5. Every market shall be open to the public from 4 A.M. till 8 P.M. each day.
are open .
Signboards. 6. Every occupied stall shall have a sign -board in front showing in full,
both in English and Chinese, the name of the stall-holder.
Obstructing 7. The sign boards and blinds of every market building shall be so arranged
thoroughfares.
as not to obstruct any thoroughfare in such market, and no lessee of any
market building shall permanently place or store any goods outside such
market building, or allow them to project beyond it.
Conveyance of
merchandise.
8. No person shall make use of any avenue or thoroughfare of any market
for the conveyance of merchandise not intended for sale or exposure for sale
in such market.
Regulating sales. 9. No person shall sell, offer or expose for sale any article in any part of
the market other than the part thereof which is appropriated for the sale of
such article.
Regulating sales. 10. No sales within any market shall be carried on except in a market
building
Hawking 11. No -person shall hawk or cry any article whatever for sale in any
prohibited.
market .
Cleansing of
stalls .
12. Every holder of a market building shall cause his building to be pro
perly cleansed immediately before the reception, deposit or ex posure for sale
therein or thereon and immediately after the removal therefrom of any market
able commodities or articles .
Butchers' stalls, 13. Every butcher and dealer in fesh meat shall thoroughly wash and
cleanse his stall , block, stall-board and any fittings or utensils belonging
thereto at least once a day.
Sale of flesh 14. No flesh meat other than that which has been slaughtered in the
meat.
slaughter-houses of the Colony shall be exposed for sale in any market till it
has been inspected by an inspector of markets and marked by him as being
fit for human food .
Sale of imported 16. Every butcher and dealer in flesh meat who exposes for sale flesh meat
flesh meat .
which has not been slaughtered in the slaughter -houses of the Colony, shall
put up a notice on the front of his stall in English and Chinese stating the
place from whence such flesh meat was imported, and the letters and charac
ters of such notice shall be at least one and a half inches long.
CATTLE DISEASES, SLAUGHTER-HOUSES ( 17 of 1887. ) 949
AND MARKETS .
16. An inspector of markets shall make a weekly return showing the Return of dead
weight of fresh flesh meat imported into the Colony during the week, and meat imported.
such return will be published in the Government Gazette.
17. No person shall cleave any carcase or part of a carcase elsewhere than Cleaning of
carcase .
upon a cleaving block or chopping board or upon the hooks provided for the
purpose .
18. Every fishmonger shall thoroughly wash and cleanse his stall and any Fishmongers
stalls , '
fittings and utensils belonging thereto at least once a day.
Poulterer's
19. Every poulterer shall thoroughly cleanse his stall , pens, and any stalls.
fittings belonging thereto at least once a day.
20. No person shall pluck or clean any poultry or game except in the Cleaning poultry.
places appropriated for the purpose.
21. Every stall -holder shall provide himself with a portable dust-bin in Portable
dust -bins.
accordance with one or other of the patterns on view in the markets.
22. Every stall -holder shall cause all dust, garbage and solid refuse of any and
Disposal ofwaste
refuse .
kind which may be produced or may accumulate in the course of his business
or in the cleaning of poultry or fish to be immediately placed in his portable
dust-bin, and he shall, as often as may be necessary, but never less than once
a day, cause such dust-bin to be removed, emptied, and cleansed at the place
set apart for the reception of dust and garbage.
23. No stall- holder shall suffer any garbage or refuse to remain or be cleanliness
stalls , of
under or about his stall and he shall keep the avenue or passage in front
thereof in a cleanly condition .
24. No person shall throw any vegetable substance, offal, garbage, or thoroughfares,
Cleanliness of
offensive matter or thing on to any market avenue or thoroughfare.
25. The market avenues or thoroughfares shall be thoroughly cleansed by Scavenging.
public scavengers as often as required but never less than three times every
day.
26. No stall- holder shall keep any dog in any market, nor shall any person Dogs in inarkets
prohibited.
knowingly permit any dog to follow him into a market.
27. A sufficient number of inspectors of Police and constables shall be Maintenance
,
of
detached from the Police Department by the Captain Superintendent of Police order.
for the maintenance of order in the markets, and shall be subject to such
control as may be ordered by the Governor in Council .
28. Copies of the market bye-laws shall be at all times posted in bye Posting of
-laws.
conspicuous positions in the markets.
[ In force from 7th May, 1888 : Proclamation 5th May , 1888. ]
Order made by the Governor in Council the 8th and gazetted
the 19th January, 1889.
The premises situated at Hunghom , Kowloon, known as The Hunghom
Market shall be, and the same are hereby established , a market within the
meaning of section 16 of The Cattle Diseases, Slaughter- Houses, and
Markets Ordinance, 1887,
950 [ 17 of 1887. ) CATTLE DISEASES, SLAUGHTER -HOUSES
AND MARKETS .
Conditions of slaughter -houses farm or contract approved by the Governor
in Council the 16th and gazetted 21st December, 1889.
1. The lessee or contractor shall be bound by the provisions of The Cattle
Diseases, Slaughter -houses, and Markets Ordinance, 1887, relating to slaughter
houses and also by the bye-laws made thereunder.
2. The lessee or contractor shall not permit any person to live or sleep in
any of the slaughter-houses except with the written permission of the Sanitary
Board .
3. The lessee or contractor shall at all times see that his servants carry
out their work in an orderly manner and that no unnecessary noise is created
by them in the performance of their work .
4. His Excellency the Governor reserves to himself the exclusive right of
cancelling the lease or contract, without giving previous notice to the lessee
or contractor, at any time upon the Governor's receiving a report from the
Sanitary Board to the effect that the said lessee or contractor is not fulfilling
the whole or any part or clause of his lease or contract, and that it is for the
public interest that his lease or contract should be cancelled .
Conditions of Cattle Depôt Farm or contract approved by the Governor
in Council the 16th and gazetted the 21st December, 1889.
1. The lessee or contractor shall be entitled to the use and occupation of
the whole of the present cattle depôt including the coolie quarters attached
to it .
2. The lessee or contractor shall be entitled a fee not exceeding 2 cents
for each head of cattle that enters the depôt, and a fee not exceeding 2 cents
for every day that such animal shall remain in the depôt not including the
day of entry .
3. Except in cases of emergency and with written permission from the
Sanitary Board, no more cattle shall be admitted into the depôt than can be
accommodated in the stalls set apart for their reception.
4. The lessee or contractor shall have at all times a responsible person in
charge of the depôt and of the animals housed therein .
5. The lessee or contractor shall cause the depôt to be thoroughly cle ansed
twice a day in such manner and at such times as the Sanitary Board may
direct .
6. The lessee or contractor shall cause all animal manure and other refuse
matters to be deposited in the bins set apart for the purpose.
7. All the manure collected in the depôt shall be the property of and will
be removed daily by the Government.
8. The lessee or contractor shall at once report to the inspector of live
stock and markets any breach of the law regulating the importation of cattle
and also any case of cattle disease which may come to his knowledge.
9. The lessee or contractor shall keep the depôt including the coolie quarters
attached to it at all times in a cleanly condition ,
CATTLE DISEASES , SLAUGHTER -HOUSES ( 17 OF 1887. ) 951
AND MARKETS .
JURY CONSOLIDATION . [ 18 OF 1887. ]
Conditions and manner of letting of market buildings approved by the
Governor in Council the 21st May, and gazetted 7th June, 1890.
1. All market buildings shall be let without fine or premium either from
month to month or for a term of years for such rent as shall appear to the
Registrar General just and reasonable. Appeals from the Registrar General's
decision shall be decided by the Governor in Council.
2. If the letting is from month to month, a month's notice of its discon
tinuance shall be given either by the Registrar General or the lessee as the
case may be.
3. If the letting is for a year or more, no notice of the expiration of the
term shall be necessary .
4. No market building shall be let for any term exceeding 5 years without
the approval of the Governor.
5. All rents of market buildings shall be paid to the Registrar General in
advance within the first seven days of each month .
6. No lessee of any market building shall, without the lessor's consent in
writing, use such building for any purpose other than that for which it is let,
nor shall he assign, underlet, or part with the possession of such building,
nor in any way alter or add to it, or suffer it to fall into disrepair.
7. Any breach of regulations 5 or 6 shall render the lessee liable to the
forfeiture of his lease.
No. 18 OF 1887.
An Ordinance to amend and consolidate the Law
relating to Jurors.
[ 1st June, 1887. ]
* *
1. This ordinance may be cited for all purposes as The Jury Short title.
Consolidation Ordinance, 1887.
*
3. In all civil and criminal trials and in all enquiries into the Number of
idiotcy, lunacy, or unsoundness of mind of any person the jury trial,jurorsc.on
( if any ) sball,except where otherwise specially provided, consist 1864
(No., sec
11 of. 2.1
of seven men.
952 [ 18 OF 1887. ] JURY CONSOLIDATION .
Qualification
and exempº
4. Every male person between the ages of twenty -one and
tions. sixty years, being of sound mind, and not afflicted with deafness,
[No. 11 of
1864 , s. 4. ] blindness, or other such infirmity, who shall be a good and
sufficient person resident within the Colony , shall be qualified
and liable to serve as a juror, subject to the exceptions herein
after provided .
Exemptions 5. The persons hereinafter mentioned shall not be or be
serving deemed liable to serve as jurors.
fromjurors.
as
( a . ) Members of Council.
( 6. ) All persons holding any office or situation of emolu
ment under the Crown .
(c. ) Salaried functionaries of Foreign Governments pot
carrying on business.
( d. ) Barristers -at-law, solicitors in actual practice and
their clerks.
( e. ) Medical practitioners and surgeons registered under
The Medical Registration Ordinance No. 6 of 1884 ,
and dentists .
( f.) Editors of daily newspapers in the Colony and their
staff.
(g. ) Chemists and druggists actually carrying on business
as such .
(h. ) Clergymen of the Church of England , Roman Catholic
priests and ministers of any congregation of protest
ant dissenters or of jews, and schoolmasters.
( i. ) Officers employed on full pay in the Military or Naval
Service of Her Majesty.
(j. ) Masters of steamers and local pilots.
( k. ) Persons ignorant of the English language.
Exemption 6. If any person shall be summoned as a juror who shall
or want of
qualification under the terms of the preceding sections, be exempt from
to be a ground service or who shall not be qualified to serve as a juror or who
ofchallenge having been summoned as a special jurorshall not be qualified
but not of
avoiding trial. to serve as such, such exemption or want of qualification shall
be a good cause of challenge and the person so summoned shall
be discharged upon such challenge or upon his own application ,
if the Court shall be satisfied of the fact and shall so direct ;
but no such exemption or want of qualification, if not submitted
to the Court before such person is sworn , shall afterwards be
accepted as a ground for impeaching any verdict given by the
jury on which he has served .
JURY CONSOLIDATION . [ 18 of 1887. ] 953
7. Every person shall, for the purpose of enabling the Re- Names forand
gistrar of the Supreme Court to complete the list of jurorshere- obtaining
modernof
inafter referred to, on demand by such Registrar or some person jury list.
( No. 24 of
duly authorised by him , forward to such Registrar in writing 1882, s. 2.)
within the time specified in the said demand , his name and sur
names at full length together with his profession , business or
occupation and place of abode , under penalty for refusing or
neglecting so to do of a sum not exceeding one hundred dollars ,
on conviction before a Magistrate .
Formation of
8. The Registrar shall , on or before the first day of February lists of
in each year, make a list in alphabetical order of all persons common
ascertained by him to be liable to serve as jurors , setting forth and special
the name and surnames of each at full length, together with No. 24of
i882] , 6.8. 4 &
his profession , business, or occupation and place of abode, and 17.
shall cause a copy of such list to be posted for the term of one
fortnight at the chief entrance to the Court. And any person
may apply by notice in writing to the Registrar requiring that
his name or the name of someother person may be respectively
either added to or struck off from the said list , upon cause duly
assigned in such notice ; and the Registrar immediately after
the expiration of the time for posting such list , shall forward
the same and such notices as may be so served on him , to the
clerk of the Legislative Council. The Council may strike off
froin or add to such list, such name or names or any other
name or names, as to the said Council may appear fit, and shall
mark off, not less than twenty - four of the names contained in
the list, and such dames shall be formed into a separate list
which shall be designated the Special Jurors List, and all other
names contained in the said list shall be marked off in a separate
list and be designated the Common Jurors List.
9. The said list when finally settled shall be returned to the List to be
Registrar by the clerk of Council and called the Jurors List, returned to
and shall be brought into use on the first day of March next
following and shall continue in force for one year from the said
first day of March.
10. When the jury lists shall be completed and returned to Formation of
the Registrar, he shall cause the names of the special and com- common
specialand
mon jurors to be written on separate cards of equal size and jurors.
placed in separate boxes to be called the Special Jurors Ballot (No.11
1864 , s. of
12,
Box and the Common Jurors Ballot Box ; which boxes shall be 8.No.1 , No.
1 of 241868,
of
kept locked . 1882, 8. 7.)
11. Whenever it shall be requisite to summons a common Panel of com
jury, a Deputy Registrar shall, in the presenceof the Registrar, mon jurors..
9
open and draw from the Common Jurors Ballot Box eighteen
names in civil cases, and thirty names in criminal cases to form
a panel and the cards, with the cames of those who shall have
954 [ 18 OF 1887. ) JURY CONSOLIDATION.
served in civil cases, and who shall have been summoned in
criminal cases so drawn , shall be locked up in a separate box
until all the names in the ballot box shall be exhausted by
subsequent panels , when all the names of the jurors on the
common jurors list shall be returned to the Common Jurors
Ballot Box, if required, for the purposes of the current year,
and in such case the names shall again be redrawn in manner
aforesaid. Provided always that whenever from any cause the
jurors drawn cannot be served it shall be lawful for the Regis
trar to re-open the ballot box , and draw fresh names therefrom
as often as inay be necessary to secure the full number of thirty
jurors at the criminal sessions.
Formation of
12. Whenever it shall be necessary to summon a special jury,
special jurors, such jury shall be drawn in the manner hereinbefore provided
[ No. 11 of
1864 , s. 17.] for obtaining a common jury with this exception that in civil
cases the number to be drawn from the ballot box in the first
instance shall be twenty -four, and in criminal cases twelvé.
Special jury
in civil suits.
13. If either the plaintiff or the defendant in any suit or
(No. 11 of action , shall be desirous of having such suit or action tried by
1864 , s. 17. )
a special jury, it shall be lawful for the Court or a Judge thereof
to order and appoint a special jury to be drawn by the Regis
trar in the manner herein before provided ; and in such cases
the parties shall appear before the Registrar on a day fixed by
him , and a Deputy Registrar shall then in presence of the said
Registrar and of the parties draw from the Special Jurors Ballot
Box the requisite number of names. The Registrar shall then
appoint a day for striking the said jury ; on the day so ap
pointed the parties shall attend and shall each alternately strike
off one name till the said list is reduced to twelve ; the names
of the twelve struck off' shall be replaced in the ballot box , and
the remaining twelve shall be the special jury panel . Provided
that the party applying for such special jury, and who shall
bave obtained a rule or order of the Court for that purpose,
shall , when the cause is set down in the general hearing list,
deposit with the Registrar or other officer of the Court, a sum
sufficient to cover the expenses of the special jury , otherwise
the rule or order of such Court or Judge to be of no effect.
Certain 14. In forming any panel the Registrar shall pass over the
names to be
passed over. names of all persons who aredead or absent from the Colony,
but shall return to the Special Jurors Ballot Box or Common
Jurors Ballot Bex ( as the case may require) the names of any
temporary absentees which may be drawn.
Summoning
juries.
15. The Registrar sball , before the sitting of any Court
( No. 11 of whereat either a common or special jury shall be necessary ,
1864 , s. 13 , issue summonses according to the form in the schedule B hereto,
JURY CONSOLIDATION . [ 18 OF 1887. ] 955
requiring the attendance thereat of the persons drawn from the No. 21 of
ballot box, and every such summons shall be personally served
upon, or left at the usual place of abode of the person so sum
moned two clear days before the day appointed for the sitting
of the Court.
16. The Registrar shall cause a list containing the names, General list.
No. 24
places of abode and additions of the persons so summoned, to 1882,s.9, No.
be made out as soon as conveniently may be after the sum- 8of1872,s.2.]
monses have been served .
17. In all informations for criminal offences it shall be lawful Special jury
in criminal
for the Attorney General acting on behalf of the Crown by Cases .
written notice to the Registrar, or for any Judge of the Court s[No,8of1872,
. 1. ]
upon the application of any private prosecutor or upon the
application of any prisoner or accused against whom an informa
tion has been filed , to order a special jury to be summoned for
the trial of any case. Upon the receipt of such notice or upon
any such order being made the Registrar shall forth with pro
ceed to form the panel of such jurors, and to summon them in
manner herein before provided .
18. At the sitting of the Court the names of all the jurors Ballot for
juries.
summoned whether special or common shall be written on [ No. Il of
separate cards of equal size and put into a box, and the Re- 1864, s. 16.]
gistrar, or clerk of the Court shall, in open Court, draw there
from until a jury is obtained .
19. After the jury shall have been sworn or charged with Keeping
together.
jury
any prisoner or accused they shall be kept in some convenient ( No. 8 of
place in Court apart by themselves, retirement of individual 1572,s. 45.]
jurors for personal purposes only excepted, and then in charge
of an officer of the Court, until the Judge has summed up the
evidence, and has left the case with the jury. Provided that in
case and as often as the Court shall adjourn before the case shall
have been so left with the jury, then such jury may if the Judge
shall so direct, be removed in charge of an officer of the Court
to some convenient place there to take refreshment at their own
expense and rest until the Court shall reassemble, and such
officer shall be sworn that he will suffer none save himself to
speak to or to communicate with them without the express leave
of the Judge. If after the case shall have been so left to the
jury , and such jury shall desire to withdraw for the purpose
of considering their verdict, then they shall be kept by such
officer of the Court in some convenient place apart by themselves,
but they shall be allowed reasonable refreshment at their own
expense with power also to retire alone only for personal
purposes, until they are agreed upon their verdict, or be
discharged therefrom by ihe Court ; and the officer shall be
956 [ 18 of 1887. ] JURY CONSOLIDATION.
sworn that he will suffer none to have access to them , or speak
to them himself except to ask whether they are agreed upon
their verdict or to communicate between them and the Court.
Provided always that it shall be in the discretion of the Judge
in all cases to dispense with any of the foregoing provisions,
and in the event of any adjournment to direct the jury to be
removed to some convenient place in the vicinity of the Court
during such adjournment under the charge of the proper officer
of the Court or to allow the jury to separate for such time and
subject to such conditions as to the Judge may seem fit.
As to new
jury for new 20. The names ofthepersons drawn as jurors shall be marked
cases . on the list provided for in section 16 ; and the cards with such
( No. 11 of names shall be kept apart by themselves until all the cards in
1864, s. 21. )
the box shall have been drawn . Provided always, that if any
case shall be brought on to be tried before the jury in any other
case shall have brought in their verdict, it shall be lawful for
the Court to order another jury to be drawn from the residue of
the said cards for the trial of the case which shall be so brought
on to be tried . Provided also, that where no objection shall be
made on behalf of the plaintiff or prosecutor, or on behalf of the
defendant or prisoner, or accused ,it shall be lawful for the Court
to try any case with the same jury that shall have previously
tried, or been drawn to try any other case , or to order the name
of any person on such jury, whom both parties may consent to
withdraw or who may be justly challenged or excused by the
Court, to be set aside and another name to be drawn from the
box , and to try the case with the residue of such original jury,
and with such person or persons whose name or names shall be
so drawn and who shall appear.
Power of 21. Whenever the jury in a criminal case, shall not be
Judge to
direct jury to unanimous in their verdict, it shall be lawful for the Judge to
withdraw to direct them to withdraw from the Court room for the purpose
consider their
verdict when of considering their verdict in private.
not unani.
mous .
Verdicts of 22. In the event of any of the jurors dissenting from the
majority tobe residue, the jury shall retire to consider their verdict and after
verdict of
jury unless in reasonable consultation the verdict of a majority shall be held
capital cases
where and deemed to all intents and purposes to be the verdict of the
unanimity
requisite.
is jury. Provided always, that if any person be arraigned for any
[ No. 11 of offence visited by the law with capital punishment, then and in
1864 , s. 3. ]
such case the jury must be unanimous in their verdict of guilty
or not guilty but if such majority should find such person
guilty of aa less crime than the capital one, then the finding of
ihe majority shall be the verdict, and sentence shall follow
:
accordingly : and if in any case it may for any cause seem to
JURY CONSOLIDATION, [ 18 of 1887. ) 957
be desirable to the Judge, he inay direct the jury to further
consider their verdict .
23. In the event of the death , illness, or default of attendance Provision in
of any one or two of the jurors during the trial of any suit, disabilityor
action , or information, it shall be lawful for the Court, in its non -attend
discretion to order the trial of such suit , action, or information, ance
(No. of
11 juror.
of
to be proceeded with in like manner as if the full number of 1864, s. 24.]
jurors had continued to serve on the jury , and any verdict
returned by the remaining jurors, or by a majority, shall be of
equal validity and have the same force and effect as if it had
been returned by a jury consisting of the full number of seven
jurors. Provided always, that in capital cases the jury shall
not consist of less than seven men . Provided also that it shall
be lawful for the Court, instead of proceeding with the trial with
the remaining jurors, to cause a new jury to be empanelled,
sworn and if necessary charged with any prisoner or accused :
and the suit, action, or information shall be tried as if such first
jury had not been empanelled.
24. The verdict of the jury shall in all cases be given by the Verdict how
foreman, in open Court, and in the presence of all the jury, and given,
No. 11 of
if in a criminal proceeding in the presence of the prisoner, and 1864, s. 24.]
shall thereupon be recorded by the Registrar ; and the Registrar
shall , before taking the verdict, ask if they are all or by what
majority agreed thereon, and whether they find for the plaintiff
or for the defendant, and in the case of a prisoner or accused
whether they find such prisoner or accused guilty or not guilty ;
and the jury shall either pronounce a general verdict for the
plaintiff or defendant, or of guilty or notguilty, or else shall return
a special verdict finding the facts of thecase. Provided always,
that the jury may acquit any prisoner or accused of a part of
the charge against him , and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been In casejury
kept apart for the purpose of considering their verdict, and shall cannotagree.
not have returned the same before all the other cases for trial ( No. 11 of
at the same sittings or sessions shall have been disposed of, and
when it shall sufficiently appear to the Court that the said jury
cannot agree upon a verdict, and that there is not such a major
ity as aforesaid agreeing, the Court shall discharge such jury ,
and shall cause a new jury to be empanelled and sworn and
charged with any prisoner or accused, and the suit or action ,
or information shall be tried as if such first jury had not been
empanelled .
26. Nothing herein contained shall prevent the Court from Court
Power toto the
exempting in its discretion any person or persons from serving, exempt jurors.
as a juror on any trial , or from removing their names from the (No. 11 of
1864 , s . 18. ]
list of jurors, on cause being shown for so doing:
>
9.58 [18 of 1887.] JURY CONSOLIDATION .
No challenge 27. No person who shall be put upon his trial either for
except for
cause . treason, felony, or misdemeanour, shall be allowed to challenge
[ No. 11 of any of the jurors except for cause.
1864, s. 19. )
Talesman . 28. Whenever there shall be a deficiency of jurors, it shall
[ No. 11 of
1864, s. 20. ] be lawful for the Court. at the prayer of either of the parties in
the suit or action or of the prosecutor, prisoner or accused , to
put upon the jury so many good and lawful men of the by
standers or others who can be speedily procured , as shall be
sufficient to make up the full number thereof.
Remunera 29. The remuneration of special jurors in civil cases shall be
tion ofspecial ten dollars each for every trial. In criminal cases special jurors
(No. 8of 1872, shall not be entitled to any remuneration.
F. 3. )
Provided always
that the Judge upon the application for a special jury by the
prisoner or accused may order such special jury to be remune
rated as in civil cases and that such prisoner or accused deposit
with the Registrar or other officer of the Court a sum sufficient
to cover the expenses of such special jury ; otherwise such order
to be of no effect.
Non - attend 30. If any juror having been duly served with a summons,
ance of jurors. in accordance with the provisions in that behalf hereinbefore
1864, s.15. ] contained shall fail to attend, or being present shall not appear
when called, or after appearance shall withdraw himself without
the permission of the Judge, the Judge shall, unless some rea
sonable excuse be proved on oath or affidavit or otherwise to
his satisfaction, set upon the person so making default such fine ,
not exceeding the sum of one hundred dollars, as to the Judge
sball seem meet.
Fines levying.
( No. Il of 31. All fines imposed under the provisions of this ordinance
1864, ss . 6 shall be levied in such manner as the Court or any Judge
aud 7. ]
thereof may direct, and when levied shall be paid to the Regis
trar and accounted for by him to the Colonial Treasurer.
Inspection
by juu's .
32. On the trial of any civil or criminal case either party or
[ No. 3 of the prosecutor or prisoner accused or defendant shall be at
1865, s.31.] liberty to apply to the Court for a rule or order for the inspect
ion by the jury of any property the inspection of which may
be material to the proper determination of the proceedings in
question, and it shall be lawful for the Court if it think fit to
make such rule or order upon such terms as to adjournment,
costs and otherwise as such Court may direct.
Jurors in 33. In all enquiries into the idiotcy, lunacy or unsoundness
lunacy cases.. of mind of any person, any issue determinable by the verdict of
ajury shall be tried by a special or common jury as the Judge
may direct and such jury shall be constituted in the same man
per in all respects as to the number and qualification of the jury
959
JURY CONSOLIDATION . [ 18 OF 1887. ]
RHENISH MISSION . [ 19 OF 1887. ]
and be summoned in the same manner and serve under the same
conditions in every particular as if such jury had been empa
nelled for the trial of any ordinary issue in the Supreme Court.
Provided that in all cases the alleged idiot, lunatic , or person of
unsound mind shall have a right to have the issue determined
if he so desire by a special jury.
34. In cases not provided for by this ordinance, the law for Application
of
the time being in force in Englandrelating to jurors and juries, England in
shall, in so far as the same does not conflict with the provisions cases not
of this ordinance, have force and effect within the Colony: but byprovided
this for
nothing in this section contained shall be deemed to relate to ordinance.
jurors or juries on Coroner's inquests.
SCHEDULES.
*
B.
MR. A. B.
You are hereby summonel to appear as a jnror (or special jrror)da
atythe form of
summons t )
of jurors.
Supreme Court to be holden at in this Colony on the
next at the hour of
o'clock in the forenoon, and there to
attend from day to day until you shall be discharged from the Court.
( Signed ) C. D.,
Registrar.
N.B. - The penalty for disobedience hereto is any sum not exceeding one
hundred dollars.
No. 19 OF 1887.
An Ordinance to enable the Trustees of The Rhenishi
Missionary Society to sell and dispose of certain
Leasehold property within the Colony of Hongkong.
[ 31st May, 1887. ]
HEREAS by an Indenture of Crown Lease, dated the Preamble.
21st day of February, 1877 , and made between Her .
Most Gracious Majesty Queen VICTORIA of the one part, and
CHRISTIAN WILHELM LOUIS and WilleLM HEINRICH DILTIEY
960 ( 19 OF 1887. ] RHENISH MISSION .
as trustees of the Rhenish Missionary Society of the other part,
for the considerations in the said Lease mentioned Her said
Majesty demised , leased , and to farm let unto the said Clinis
TIAN WILHELM Louis and WILHELM HEINRICH DILTHEY their
executors, administrators and assigns, all that piece or parcel of
ground situate, lying and being at Victoria , in the Island of
Hongkong, in the said Indenture of Lease particularly described
and registered in the Land Office as Inland Lot No. 24 , together
with all easements, profits, commodities and appurtenances
whatsoever thereto belonging, except and always reserved as in
the said Crown Lease is excepted and reserved, to hold the
said piece or parcel of ground and premises thereby demised
with their and every of their appurtenances unto the said
CHRISTIAN WILHELM LOUIS and WILHELM HEINRICH DilTHEY
their executors , administrators and assigns from the 25th of
December, 1858 , for the term of 999 years from thence next
ensuing at the yearly Crown rent therein mentioned and subject
to the covenants and conditions therein contained. And
whereas the said lot is now vested or purported to be vested in
the Reverend Ferdinand WILHELM DIETRICH formerly of Vic
toria, in the Colony of Hongkong, but now of the City of
Tung- Kun in the Kwong-Tung province in the Empire of China,
Missionary, and the ReverendEMMANUEL GENÄu , formerly of
Victoria aforesaid , but now of Fuk -Wing in the same province,
Missionary , as trustces for the said Rhenish Missionary Society.
And whereas it is uncertain whether the said FERDINAND
Wilhelm DIETRICII and EMMANUEL GENÄHR as such trustees
as aforesaid have sufficient power to sell or dispose of the said
lot so as to give a marketable title thereto . And whereas it is
expedient in order to remove such uncertainty that the said
premises should be vested in the said FERDINAND WILHELM
DIETRICH and EMMANUEL GENÄHR, their executors and admiuis
trators with power of sale :
F. W. DIE- 1. All that piece or parcel of ground situate lying and being
TRICH and F. at Victoria in the Colony of Hongkong, and registered in the
be trustees. Land Office as Inland Lot No. 24 , together with all easements
profits commodities and appurtenances whatsoever thereto be
longing (except and always reserved us in the Crown Lease
thereof is excepted and reserved) shall vest in the said Ferdi
NAND WILIIELM DIETRICH and EMMANUEL GENÄHR their executors
and administrators, upon trust to sell the said piece or parcel of
ground and premises either together, or in parcels, anıl either
by public auction, or private contract, and either with or
without special conditions relative to title or otherwise with
power to buy in the said premises, or any part thereof at any
sale by auction or to rescind or vary any contract for the sale
thereof, and to resell the premises which shall be so bought in
RHENISH MISSION . ( 19 OF 1887. 961
LICENSING CONSOLIDATION . 21 OF 1887. ]
or the contract for the sale whereof shall be so rescinded , and
with power also to execute assurances, give effectual receipts and
discharges to the purchaser or purchasers thereof for the pur
chase moneys, so that such purchaser or purchasers shall not
be bound to see to the application thereof, and generally to do
all other acts and things necessary for completing the said sale.
Provided nevertheless that the moneys which shall arise from
any such sale as aforesaid after paying and retaining thereont
the costs and expenses attending such sale sball be held by the
said FERDINAND WILHELM DIETRICH and EMMANUEL GENÄHR,
or other the trustees or trustee for the time being of the said
Rhenish Missionary Society , in trust for the said Rhenish
Missionary Society .
No. 21 OF 1887.
An Ordinance to consolidate the law relating to various Title.
Licences,
[ 16th July, 1887. )
1. This ordinance may be cited for all purposes as The Short title.
Licensing Consolidation Ordinance, 1887.
2. In the construction of this ordinance the term public vehicle Definition.
shall mean any chair, carriage, jinricksha, or other vehicle of
any kind which plies for hire in the streets for the carriage of
passengers , and the word licence shall mean a licence required
by this ordinance.
3. The Governor in Council may froin time to time make, Governor in
and when made may alter, add to , or repeal regulations under make
Councilregula
mag.
this ordinance ; tions.
( 1. ) For the issue of licences, the forms thereof, the fees to
be paid on such licences, their periods, conditions,
and the officers who are to issue them .
( 2. ) For the regulation of public vehicles and of traffic
carried on by means of such vehicles .
962
[ 21 of 1887. ] LICENSING CONSOLIDATIO .
N
Existing 4. All regulations published under any ordinance repealed
regulations
continued . by this ordinance are hereby continued in force until they shall
be replaced by new regulations made under this ordinance.
Existing 5. All licences issued under any ordinance repealed by this
licences
continued . ordinance shall continue in force till they shall expire, or be
forfeited or revoked .
Licences.
6. A licence shall be required for every
( 5 of 45, 7. ] ( 1. ) Auctioneer.
[ 5 of 45. 7. ] ( 2. ) Billiard table, skittle -ground, nine- pin or bowling
alley open to the public.
[ 8 of 58. 11.] ( 3. ) Hawker.
[ 9 of 67.7. ] ( 4. ) Money changer.
[ 5 of 83. 2. ] ( 5. ) Public vehicle, and also for every bearer, drawer or
driver of a public vehicle .
(8 of 58. 13.] ( 6 ) Undertaker of Chinese funerals.
Issue of
licences. 7. Until further order shall be made by the Governor in
Council under section 3 , all licences shall be issued by the
officers named in the schedule hereto, on payment of the fees,
and for the periods set forth therein . The granting of all such
licences shall be in the discretion of the officers respectively
named in the said schedule or in any order in Council by which
such schedule may hereafter be varied . Any person aggrieved
by the refusal of a licence may appeal to the Governor who may
direct the proper officer to issue such licence.
Penalties. 8. Every person who shall act as an auctioneer or shall keep
[ 5 of 45. 8. ]
a public billiard table, skittle-ground, nine-pin or bowling alley
without a licence shall be liable to a penalty not exceeding two
hundred dollars ; and every person who shall neglect to take
out any other licence shall be liable to a penalty not exceeding
twenty -five dollars.
Offences .
9. The following acts shall be deemed to be offences under
this ordinance.
( 1. ) Any breach of the conditions of a licence.
( 2. ) Furnishing untrue particulars for any licence.
( 3. ) Using or attempting to use any licence or other docu
inent granted in pursuance of regulations made
under section 4 , which has not been duly issued to
the person so using or attempting to use it.
(5 of 83. 8.] ( 4. ) Refusal by any hirer of a public vehicle to pay the
fare of the same.
LICENSING CONSOLIDATION . [ 21 of 1887. ] 963
( 5. ) Wilful injury to any public vehicle. [5 of 83, 8 ]
( 6.) IIl-treatment of any driver, bearer, or drawer of any [ Ibid . ]
public vehicle.
Com. pensa
10. Any person convicted of an offence against sub -sections tion
n ed
4 , 5 and 6 of sectio 9 may be requir by the con vic tin g Ma [ i of 83. 8. ]
gistrate to pay such compensation to the person aggrieved as to
such Magistrate shall seem reasonable. Such compensation
shall be payable in addition to any penalty imposed under this
ordinance.
11. Every person convicted of an offence against this ordi- Penaltics.
[ See 14 of 4o.
nance or against any regulation made thereunder for which no 3+ .]
special penalty is provided shall be liable to a penalty not ex
ceeding twenty -five dollars.
12. Any penalty imposed or compensation awardeci under Recovery of
this ordinance may be recovered in a summary way before a penalties.
Magistrate.
13. Any licence may be forfeited on the conviction of the Forfeiture
licences.
of
holder thereof for any offence, if the officer who issued the sees of 58.
licence shall think fit. 12. ]
* *
SCHEDULE .
Description of Licence. Term . Fee . Granted by
Auctioneer, Annual $ 300 Colonial
Secretary .
Public billiard table, skittle-ground, Annual $ 50 Do.
nine-pin or bowling -alley, }
Chinese money changer, Annual Registrar
Geueral.
Chinese mdertaker, Do. $ 10 Do.
Ilawker, Do. 50 cis . Do.
per
quarter.
Vehicles.
Wheeled vehicle, * . Half -yearly Capt. Supt. ( Se Regulations
of Police . infra.j
Sedan chair,* Do. Do.
Driver, drawer, or bearer of any Do. 30 cts . Do.
vehicle, s
964 [ 21 or 1887. ] LICENSING CONSOLIDATION ,
Regulations made by the Gorernor in Council on the 19th November,
and gazetted 21st November, 1891.
1. The rules and conditions made by the Governor in Council on the 30th
day of November, 1887 , the 4th day of June, 1888, the 12th day of
January, 1888, and on the 3rd day of January, 1891 , under the provisions of
The Licensing Consolidation Ordinance, 1887, are hereby repealed.
2. Licences for public vehicles and licences for drivers, drawers or bearers
of such vehicles shall be issued by the Captain Superintendent of Police, who
may, in his discretion , refuse to issue any licence. No licences shall be issued
for more than 500 jinricksbas, within the island of Hongkong. Subject to
the next rule all licences for public vehicles shall be taken out half-yearly or
for the residue of the current half-year, and shall expire on the 31st day of
May or on the 30th day of November, all licences for drivers, drawers or
bearers of public vehicles shall be taken out at such times and for such periods
not exceeding 1 year as the Superintendent of Police may consider necessary.
3. Licences for jinrickshas within the island of Hongkong shall be issued
annually and shall be chargeable with a fee of $ 72 per licence. Such fee
shall be payable in advance by four equal instalments of $ 18 each per quarter,
and in default of any such payment the licence shall be forfeited .
4. The fees för half-yearly licences for other public vehicles shall be as
follows :
(a.) For every wheeled vehicle other than a jinricksha in
the island of Hongkong, $ 18.00
(6.) For every wheeled vehicle in British Kowloon , ...... . $ 12.00
(c.) For every chair,...... 1.00
The fee for a licence for a driver, drawer or bearer of a public vehicle shall
be thirty cents .
5. No licence shall be transferable, except upon such special grounds as
may be approved by the Captain Superintendent of Police and sanctioned by
the Governor.
6. No holder of a licence for a vehicle shall let out his vehicle to any
driver, drawer or bearer not being the holder of a lawful licence as driver,
drawer or bearer.
7. Every licensed vehicle shall have thereto affixed , or painted thereon in
such conspicuous places as the Captain Superintendent of Police directs, the
number of its licence in figures not less than two inches in length .
8. No jinricksha licensed under these rules shall exceed 36 inches in
breadth between the wheels, or shall have tires to such wheels of less breadth
than 14 inch . Such tires must be flat , pot bevelled, and the hood of such
jinricksha must afford a clear height from the upper side of the cushion of
41 inches,
9. The driver, drawer or bearer of every licensed vehicle shall wear con
spicuously a distinguishing badge bearing the number of his own licence .
Should such badge be made of leather or metal, or of both and be issued by
the Captain Superintendent of Police he may demand a deposit of twenty -five
cents for each badge, such deposit to be returned on the expiry of the licence
and the return of the badge.
10. For each jinricksha there shall be two licensed drawers, who need not,
however, both be in charge of the vebicle at the same time.
LICENSING CONSOLIDATION . [ 21 or 1887. ] 965
11. Each licensed driver, drawer or bearer of a vehicle shall be photo
graphed, free of cost to himself ; one copy of such photograph shall be
attached to his licence, and one shall be retained by the Captain Superin
tendent of Police .
12. The licensee of every vehicle shall cause his vehicle to be taken at
such times and to such place as may be directed by the Captain Superintend
ent of Police for the inspection of such vehicle, and shall not leave such place
of inspection until authorised to do so by the Captain Superintendent of Police.
13. The Captain Superintendent of Police may require the licensee of any
vehicle to provide, and attach to such vehicle in such manner and in such
place as the Captain Superintendent of Policemay direct, a list of theauthor
ised fares for such vehicle, of such material and pattern as the Captain
Superintendent of Police may direct, and may also require the driver, drawer
or bearer of any vehicle to carry a list of fares to be charged in such form as
he may prescribe.
14. The Captain Superintendent of Police may refuse aa licence in respect
of any vehicle which in his opinion is not as to repairs or cleanliness in a
state fit for public use , or for any misconduct or the part of the licensee,
owner , driver, drawer or bearer. If a licence has been granted he may , for
either of the above-mentioned reasons, withdraw the same and cause it to be
forfeited .
15. The Captain Superintendent of Police may refuse a licence in respect
of any driver, drawer or bearer who in his opinion is improperly clothed . If
a licence has been granted he may , in such case, withdraw the same and
cause it to be forfeited .
16. Every person obtaining a licence for aa vehicle shall give, upon receiving
his licence, security in the sum of fifty dollars by the bond of himself and of
some person or persons to the satisfaction of the Captain Superintendent of
Police, for the appearance of the licensee and also of the driver, drawer or
bearer of the vehicle at such time as they shall respectively be thereunto
required, and for his duly paying all fines which shall be imposed in respect
of the vehicle or the driver, drawer or bearer thereof, and all damages which
may be recovered for injuries committel in respect of the vehicle or by the
driver, drawer or bearer thereof; the bond to be in such form as the Captain
Superintendent of Police shall require.
17. The fares to be charged for public vehicles shall be the sims men
tionel in the table of fares hereto , such table of fares shall be set up in some
conspicuous place at the different Police Stations in the Colony and at such
other places as the Captain Superintendent of Police may from time to time
direct, and a copy thereof shall be inserted in every licence to be granteil
under these rules and it shall be also affixed in a conspicuous place on every
such rehicle. Such table of fares may be altered varieil or revoked by the
Captain Superintendent of Police but any alteration variation or revocation
thereof, shall, before the same shall come into operation , be approved by the
Governor in Council.
18. The driver, «Irawer or bearer of a licensed vehicle shall not without
reasonable cause refuse, when unemployed, to accept hire .
19. The driver, drawer or bearer of a licensed vehicle shall not demand
more than the authorised fare for the hire of his vehicle .
20. The driver, drawer or bearer of a licensel vehicle shall travel with
reasonable speed .
21. The driver, drawer or bearer of a licensed vehicle shall not leave,
abandon or deposit the person biring his vehicle or refuse to complete his
journey before the completion of his engagement.
966 LICENSIXG CONSOLIDATION .
[ 21 of 1887. ]
22. The driver, drawer or bearer of a licensed vehicle shall not use
insulting language or behave rudely.
23. The driver, drawer or bearer of a licensed vehicle stall not sit or li .
iu, or in any way occupy his own vehicle .
24. Every licensel vehicle, when plying for hire or engaged between
sunset and sunrise, shall carry a lamp of such description as the Captain
Superintendent of Police shall direct.
25. All property left in any vehicle shall be taken forth with to the
nearest Police Station and handed over to the Police authorities, who shall
cause the goods to be publicly advertised in such manner as the Captain
Superintendent of Police may direct, and if claimed, the same shall be handed
over to the owner claiming it, subject to a deduction of five per cent on the
value ( to be given to the driver, drawer or bearer bringing the same to the
Police ) to be ascertained in case of difference by the Captain Superintendent
of Police ; and if the same shall be mclaimed at the expiration of three
months from the date of the loss, the Captain Superintendent shall, as soon
thereafter as conveniently may be, cause the said goods to be sold in such
manner as he shall think best, and the Captain Superintendent shall deduct
out of the proceeds of each sale a sum equivalent to ten per cent. on the
proceeds of the sale of such goods, and shall pay the amount to the driver,
drawer or bearer who shall have brought the said goods to the Police Station
and subject thereto the said procecils shall be paid into the Treasury:
26. The persistent solicitation of passengers and the obstruction to the
free transit of passengers, especially at hotels,or the wharves, or other landing
places is hereby prohibited. No vehicle shall take up any position or place
in the public streets or thoroughfares not authorised or sanctioned by the
Police.
27. No licensee, owner, bearer, drawer, or driver of a licensed vehicle,
shall use bis vehicle, for the carriage of animals, merchandise, or goods other
than personal baggage.
28. No licensec, bearer, drawer or driver of a licensed vehicle sball know
ingly permit his vehicle to be used for the conveyance of any person suffering
from a dangerously infectious disease ; and for the purpose of this condition
knowledge shall be presumeil unless disproved by such licensee, bearer,
drawer or driver.
29. The licensec, bearer, drawer or driver of any licensed vehicle that may
have been used for the conveyance of any person suffering from a dangerously
infections disease, shall cause such vehicle to be thoroughly disinfected to
the satisfaction of the Captain Superintendent of Police before it is again
offered for hire.
30. No liceusee, bearer, drawer or driver of a licensed vehicle shall allow
his vehicle to be used for the conveyance of a corpse .
31. In these regulations the word " vehicle ” shall mean public vehicle.
FARES FOR PUBLIC VEHICLES.
CHAIRS.
1. - Is Victoria , WITIL TWO BEARERS.
11alf boili',. ..... ... 10 cents . Three hours, ........ 30 cents .
One hour, ..20 Six hours, ..70
Day 6 A.J. to 6 p.v.) $ 1 .
If the trip is extended beyond l'ictoria , half fare extra .
LICENSING CONSOLIDATION . OF 1887. )] 967
[ 21 of
II. – BEYOND V'ictoria, WITH FOUR BEARERS.
Hour, 0.60 cents . Six hours, ... . $ 1.50
Tbree hours, $ 1.00 Day ( 6 A. v . to 6 P.M.), .. . $ 2.00
III .-In Tile Hill DISTRICT, AS DEFINED BY ORDINANCE 15 or 1888 .
With 2 Bcarcrx. With 4 Beurer's .
Half hour, ..... $ 0.15
One hour, 0.30 $ 0.60
Three hours, 0.75 1.00
Six hours , ... 1.00 1.50
1.50 2.00
Day ( 6 A.M. to 6 P.M.,)..
JINRICKSHAS .
(With Single DRAWERS).
Quarter hour, .05 cents . Hour,........ ...... 15 cents .
Half hour,....... .10 Every subsequent hour',.... 10
NOTE :—Victoria extends from Mount Davis to Causeway Bay and up to
the level of Robinson Roa :l. If the vehicle is discharged
beyond these limits half fare extra is to be allowed for the
= scoccions
return journey. Extra bearers, drawers or dr ers and extra
hours to be paid proportionate sums.
OMNIBUSES .
From Slaughter House to Sailors' Ilome, ..... Not exceeding 5 cents.
E
Sailors' Home to Government Civil Hospital,.. 5
Government Civil Hospital to C'lock Tower,
Clock Tower to Wanchai Market,
Clock Tower to Race Course , 10
Clock Tower to Bay View llouse, 10
Wauchai Market to Bay View IIouse , 5
Bay View House to Quarry Bay, 10
Quarry Bay to Sban Ki Wan, 10
Regulations nude by the Goreruor in Council on the 16th
and gazetted 18th May, 1889.
1. Every licence to an undertaker of Chinese funerals shall be issued subj.net
to the condition that every grave be dug to a depili throughout of not less
than six English feet from the ordinary surface of the ground to the upper
most side of the corpse or coffin therein deposited .
2. Every such licence shall be in English and Chinese, and shall be in the
following form : -
UNDERTAKER'S LICENCE.
REGISTRIR GENERAL'S OFTICE,
VICTORIA , IIONGKONG , 188 o
The bearer of
is licensed to undertake and perform burials of Chinese dead in the cemeteries
allotteil for that purpose . This licence is issuel subject to the condition that
968 21 of 1887. ) LICENSING CONSOLIDATION ,
22 of 1887 . OPIUM (RAW ).
every grave be dug to a depth throughout of not less than six English feet
from the ordinary surface of the ground to the uppermost side of the corpse
or coffin therein deposited, and will expire on the day of
188
Fee $ 10.
Received
Entered
Registrar General.
NOTE.— To be printed in Chinese as well as in English.
Additional condition to be inserted in Hawkers' Licences
made by the Governor in Council, on the 29th day of
May, 1890, and gazetted 14th June, 1890.
The licensee shall not lawk any wares within the limits from the various
markets prescribed by the street notices.
No. 22 OF 1887.
[ See No. 21
of 1891. ]
An Ordinance for the better regulating of the trade in
Opium .
[ 27th May, 1887. )
HEREAS it is expedient to regulate and control the
WH movement
waters thereof :
of raw opium within the Colony and the
*
*
( 'onstruction . 1. This ordinance may be cited for all purposes as The Runt
[ No. 22 of Opium Ordinance, 1887.
1891. )
Interpreta
tion .
2. Opium in this ordinance means raw , crude, or unprepared
opium .
*
[ Ibid .] Chest means the package, with the opium therein ,
such as is usually imported by merchants in the
Colony.
[ Ibid ] “ Opium Farmer. — The holler for the time being of the
exclusive privilege of preparing and selling prepared
opium either inclusive or exclusive of dross opium .
• [ 1bid. ) “ Loose Opium - shall mean all raw opium found or discovered
otherwise than in l. chest full of one quality of raw
opium ."
*
[ Ibid .] Ship in this ordinance * * shall be construed so as
to include any steam -vessel, junk, boat, sampan , or
any kind of craft used for conveyance of persons or
things by water.
OPIUM ( raw ). [ 22 OF 1887. ] 969
3. No person shall bring into the Colony, or the waters thereof “Import of
loose opium
or receive therein any loose opium . prohibited ."
[ Ibid . ]
4. It shall be lawful for the Colonial Treasurer on such terms Sale of opium
and conditions as may be approved by the Governor in Council, in quantities
to grant licences for the sale of opiuin intended for export in chest.
quantities less than one chest, and no person except the holders
of such licences shall be permitted to sell or barter within the
Colony or its waters opium in quantities less than one chest.
The purchase, sale, or barter of quantities less than one ball of
Bengal opium or three catties of Valwa, Persian , or Turkish
opium is hereby forbidden .
5. It shall be the duty of holders of licences to attach to all Sale certifi
parcels of opiun sold by them in quantities less than one chest, cates granted
a certificate in the following form : -
Date, 188
No.
Sold this day to
balls Bengal, catties Malwa or
to be ex ported by him to
per ship
This certificate shall not be valid after noon of the
Chop.
6. No person except the opium farmer or the licensed retail Possessi on of
dealers shall have in his possession or under his custody or loose[ Ibid.
opium .
)
control any loi se opium without a certificate of purchase from a
licensee except he can show to the satisfaction ofa Magistrate :
( a . ) That the said opium is covered by a certificate of one
of the licensees.
( 6. ) That he has received it under an official export permit,
Provided always that it shall be in the absolute
discretion of the officer charged with issuing export [ Sce No. 21
permits to grant or withhold the same, and that of 1891 , s. 9. ]
this section shall not apply to samples notexceeding
two taels covered by a certificate of the importer.
7. It shall be the duty of the licensees to keep a register of. Register to be
the particulars of purchase and sale in such forin as the Governor licensees.
kept by
may from time to time order..
8. Any person offending against the provisions of sections 3 , Penalties.
4 and 6 shall, ou conviction before a Magistrate, be liable to a
fine not exceeding one thousand dollars and the forfeiture of
the opium or in default imprisonment with or without hard
labour for a period not exceeding three months, or the Magistrate
may order a period of imprisonment with or without hard labour
in lieu of a portion of the fine, provided the whole imprisonment
970 [22 of 1887. OPICM ( RAW ).
do not exceed six months; and notwithistanding the penalty
for the breach of conditions to which licensees are subject, it
shall be lawful for a Magistrate to impose on a licensee a penalty
rot cxccedirg five hundred dollars for a breach of any such
conditions in case it may not le deemed advisable to proceed
for the full penalty under the licensce's bond.
Permits for
lanıing of 9. Every person importing into the Colony any opinm shall
chests of
opium .
fortbwith report the same to an officer to be appointed by the
Governor to be named the Superintendent of Imports and
Exports, hereinafter called the Superintendent, giving the
number of chests, and shall, before landing such opium or any
part thereof, send or cause to be sent to such Superiutendent a
requisition in the form of schedule i giving the particulars
therein required, whereupon the Superintendent shall furnish a
permit in the form of schedule B authorising the opium to be
landed and stored , and such permit shall be exhibited to the
opium farmer or liis agent and shall be signed by bim or his
agent and shall not be used or acted upon until it is so signed.
Movement
and export of 10. Every person moving opiun for exportation in chests
chests of
opium .
shall, before doing so, send to the Superintendent a requisition
in form of schedule C furnishing the particulars therein required ,
whereupon the Superintendent shall grant an export permit in
the form of schedule D authorising the said opium to be exported.
The owner or shipper shall cause such permit to be exhibited
to the opium farmer or his agent, and such permit shall be
signed by him or his agent, and shall not be used or acted upon
until it is so signed .
Removal and
transhipment
11. Every person moving a chest or chests of opium from
of opium . one place to another within the Colony or traushipping such
chest or chests within the waters thereof shall before doing so,
furnish to the Superintendent a requisition properly filled up
in the form of schedule E , whereupon the Superintendent shall
furuish a permit in the form of schedule l ' authorising the tran
shipinent or removal of the said opium , which permit shall be
exlibited to the opium farmer or bis agent, and shall be signed
by him or his agent, and shall not be used or acted upon until
it has been so signed .
Steamers 12. In the event of the arrival at or departure from the Co.
arriving
ofoffice hours. lony of any steamer carrying opium when the Superintendent's
( No. 22 of office is closed or may be closed before application for a permit
1891. )
can be made, it shall be lawful for the agent of such steamer to
land or ship any opium which is entered on the ship's manifest
without a permit, and to deliver any opium so landed to the
owner or consignces thereof, or to keep the same in his own
OPIUM (RAW ). [ 22 of 1887. ] 971
custody, but so soon thereafter as the Superintendent's office is Permit to be
opened the said agent shall apply for the necessary permit, and afterwards.,
furnish the particulars requisite.
13. Any person offending against or not complying with any Penalty..
of the provisions of sections 9 , 10, 11 , 12 shall be liable on
conviction to a penalty not exceeding five hundred dollars, and
any opium imported or exported or stored or moved or attempt . Forfeiture .
ed to be imported or exported or stored or moved contrary to
the provisions of the foregoing sections shall be seized and may
be forfeited .
14. Every importer of opium and person storing the silme Register to
shall keep a register in such form as the Governor may require importer:
shewing the number of chests imported or stored by him and [ Ibid. )
how and to whom it was disposed of. Marks and Government
numbers in the case of the Bengal drug shall be given , and such
other marks or numbers in the case of other sorts of opium as
the Superintendent may require to be placed upon it.
Every offence for non -compliance with the requirements of
this section shall be punishable with a fine not exceeding five
hundred dollars .
15. No junk or other Chinese craft, whether licensed or not, Chinese craft
shall leave her anchorage, or leave or attempt to leave the waters colentia leave
watersen
of the Colony unless the safety of the vessel ( through stress of betwe
weather) shall render it necessary, between the hours of 6 P.M. certain hours ,
and 6 A.m. from October to March inclusive, nor between the [See No. 22
hours of 7 P.M. and 5 A.M. from April to September inclusive, of 1891, 8. 6.]
under a penalty, on conviction before two Stipendiary Magis.
trates, not exceeding five hundred dollars, or the forfeiture of
junk and cargo:
Special permits or night clearances hitherto grantable under
Ordinance 8 of 1879 , section 38, sub-
*
sections 8 and 9 shall be
no longer allowed , [ Ibid. ]
This section shall not apply to Hongkong fishing boats licensed [ Ibid. )
under Ordinance No. 8 of 1879, section 38 ( 24 ) or any provision
substituted therefor, provided such boats have obtained permits from
the Harbour Master allowing them to leave within the hours afore.
said.
16. On the coming into operation of this ordinance, every Holders to
person having in his possession , custody, or control any opium sive account
within the Colony or its waters shall furnish to the Superin
tendent an account of all such opium , and in case of chests the
numbers and marks on such chests, and the Superintendent or
his deputy shall be at liberty at any time, and as often as he
shall think fit, to demand in writing from every person having
any opium in his possession, custody, or control, an account in
972 [ 22 OF 1887. ] OPIUM ( RAW ) .
Superintend writing of the opium so held at the time of such demand, and
ent may
require
acco of
in case of chests the marks and numbers, and the said Superin
unt tendent or his deputy shall be at liberty at any time, to enter
stocks .
the premises where such opium is, and to inspect the same, and
any person refusing to give such account, or without reasonable
cause shewn to permit such entry, or giving a false or incorrect
Penalty. account shall be liable, on conviction, to a penalty not exceeding
five hundred dollars, in addition to any other penalty which
may be recoverable under the terms and conditions of section 4
of this ordinance.
Search for
deficiencies .
17. If any opium is found, on search authorised under this
ordinance, to have been imported contrary to the provisions of
this ordinance, or to be missing from the place in which it was
stored on importation, or from the place where, according to
the permits, it ought to be found stored, the person in whose
possession such opium so imported may be found, or in whose
name such opium so missing shall have been so stored , shall be
Penalty . liable, on conviction , to a penalty not exceeding five hundred
dollars for every chest of opium which shall be found to have
been so imported, or to be so missing.
Penalty on
farmers .
18. If the opium farmer shall neglect or refuse, or shall
without sufficient cause unreasonably delay to do any of the
acts or things bereinbefore provided and required to be done
by him , he shall be liable to a penalty for each such offence
not exceeding five hundred dollars.
Penalty for 19. Every person who shall under the provisions of this
giving false
particulars. ordinance make any application, or supply any particulars,
return , or account, or other written statement required by this
ordinance to be made or supplied, shall sign the same himself,
( No. 22 of
1891. ]
or by his agent thereunto lawfully authorised in writing; and if
any such application, particulars, return, account , or other state
ment shall be false or incorrect, either in whole or in part, to
the knowledge of the person so making or supplying the same,
whether the same be signed by himself or by his agent, such
person shall, in every case not otherwise provided for by this
>
ordinance, be liable on conviction to a penalty not exceeding
one thousand dollars for the first offence, and two thousand for
every subsequent offence : and such agent shall also and in like
manner if offending be liable to penalties of the like annount.
Search
warrant may 20. Any Justice of the Peace may , by his warrant directed
be issued by to any Police or Excise officer empower bim hy day or by night
Justice of the to enter and search any dwelling house, shop, or other building
[ Ibid. ] or place , or any ship not being a man -of-war or ship having
such status, lying or being within the waters of the Colony, in
any case in wbich it shall appear to such Justice of the Peace,
upon the oath of any person , that there is good and sufficient
[ 22 OF 1887. ] 973
OPIUM ( Raw ) .
cause to believe that in any such dielling house, shop, or other
building or place, or on board any such ship is concealed or
deposited any opium subject to forfeiture under this ordinance,
or as to which an offence has been committed against any of When satis
theprovisions of this ordinance, and to take possession of any that there is
such opium found to be concealed , or deposited therein , and of good cause.
the ship in which the same may be found, and to arrest and officermay
take any person, or persons being in such dwelling house, shop, sion of articles
or other building, or place, or on board any such ship, in whose found .
possession , custody, or control any such opium may be found,
or whom the said officer may have good and sufficient reason to
suspect to have concealed or deposited therein or thereabouts
any such opium , and any officer to whom such warrant shall
be directed may, in case of obstructionor resistance, break open bre
power toen
ak op
any outer or inner doors of such dwelling house, shop, or other doors.
building, or place, and enter thereinto, and forcibly enter such
ship, and every part thereof, and remove by force any obstruc
tion to such entry, search, seizure, and removal as aforesaid ,
and may detain every person found in such place until the said Maydetain
place shall have been searched, and all informations to be laid persons.
and all warrants to be issued, and all arrests and seizures to be
made under this ordinance, may be had or done on a Sunday Sundays.
as well as on any other day.
21. Excise officers duly appointed under the Prepared Opium Excise
Ordinance, 1891 , shall be deemed to be excise officers for the officers,
appointment
purposes of this ordinance, and shall have the like powers, of.
protection, duties, rights and liabilities with reference to opium 1891.
(No. 22] of
under this ordinance as they have with reference to prepared
opium under the said ordinance.
22. It shall be lawful for any Police or excise officer to arrest without
Arrest
without warrant any person within the Colony whom he reason warrant.
ably suspects to be conveying or to have concealed on his person
any opium in contravention of the requirements of this ordi
nance and to take him before a Magistrate to be dealt with
according to law.
23. It shall be lawful for any Police or excise officer, having Searching
reasonable ground for believing that there is opium in any ship ships.[Ibid. )
within the waters of the Colony in contravention of the provis
ions of this ordinance (such ship not being a ship of war or
• vessel having such status) to proceed without warrant on board
such ship, and search for such opium, and seize any so found,
and it shall be lawful for such officer to take the opium so [ Ibid .)
found , together with the person in whose custody, possession
or control it is found, before a Magistrate, to be dealt with
according to law.
924 [ 22 OF 1887. ] OPIUM ( RAW ).
Suspending
clause,
24. This ordinance shall come into operation on a day to be
proclaimed by the Governor.
SCHEDULES .
(A. )
Bill of Particulars.
To the Superintendent of Imports and Exports,
Hongkong
Sir,
Please issue a permit to land from the which arrived on
chests of opium , numbered and marked as below.
To be landed on at wharf and stored at
( godown or shop or house ).
Importer.
Date, 18
Farmer
Opium
permit
Acopy
been
this
has
(B. )
of
.
Permit to Land .
is authorised
to land from the chests of opium with
numbers and marks as noted below, and is authorised
to store the same in the ( godown, shop or house) of
served
at
me
on
.
Date
Superintendent.
,
Date, 18
( 0. )
( See No. 22 of
1891 , s. 14.)
Application to Export.
To the Superintendent of Imports and Exports.
Sir,
Please issue a permit to export by
chests of opium , ( in the case of opium other than Bengal
opium state the weight of the opium in each chest at the time of sale] num
bered and marked as below, on the day of 18
to destination the said opium having been purchased by me
from in whose ( godown, house or shop ) it is now stored (or the
same being now stored in my godown, shop or house) at
or sold by me to who is desirous of exporting it .
Date, 18
.Farmer OPIUM ( RAW ) . [ 22 OF 1887. ] 975
Opium
(D. )
permit
served
ter
copy
been
Permit to Export.
this
has
me
on
.of
Erpor
A
is authorised to export by
.
to chests of
opium, [ in the cuse of opium other than Bengal
opium state the weight of the opium in euch chest at
the
the
time of sale] marked and numbered as below , on
having been purchased by the
Received
exporter froin and now stored in
.Opium
situated at
this
and sold to
who is required
to export in terms of this permit.
Date
Superintendent.
,
Date, 18
( E. )
Application to remove.
To the Superintendent of Imports and Exports.
Sir,
Please issue a permit for the removal of chests of ( Malwa) opium ,
[in the case of opium other than Bengal opium state the weight of the opium
in each chest at the time of sale ] numbered and marked as below , from
and from the custody and in the possession of G.H. to the
custody or possession of J.K.
Time of removal.
Owner or Shipper or Purchaser.
Date, 18
Purchasir
mr
permit
served
Farme
Opiu
copy
been
this
has
(F. )
of
A
.
.
Removal Permit.
A.B. is authorised to move chests of
(Benares) opium , [in the case of opium other than
Receive d
Bengal opium state the weight of the opium in each
Opium
chest at the time of sale] marked and numbered as
this
below , from and from the custody or
.
possession of G.H. to the custody or possession of
J.K.
Date
Superintendent.
me
on
.
,
Hongkong, 18
[ In force from 1st June, 1887, under proclamation 28th May , 1887.]
976
(24 or 1887. ] PUBLIC HEALTH .
No. 24 or 1887.
AnOrdinance for amending the Laws relating to Public
Health in the Colony of Hongkong.
[30th May, 1888. ]
Preamble .
HEREAS it is expedient to make provision for preserving
W! and promoting the public health in this Colony: - *
Title. 1. This ordinance may be cited for all purposes as The Public
Health Ordinance, 1887.
Definitions. 3. In this ordinance and in any bye -laws made thereunder;
the following words and expressions shall have or shall include
the meanings hereinafter respectively set against them , unless
such meanings be repugnant to or inconsistent with the context.
Author of
a nuisance.
1. Author of a nuisance.— Theperson by whose act, default,
permission , or sufferance the nuisance arises or
continues .
Board ,
2. Board.— The Sanitary Board.
Building. 3. Building. – Any building, house, dwelling -house, tene
ment -house , common lodging -house, verandah,
cook -house,privy ,gallery, balcony, chimney, bridge,
out-house, stable, matshed, ware-house, manufac
tory, shop, work -room , distillery, and place of
secure stowage .
Common
lodging
4. Common lodging-house :
house. ( a. ) any house or part thereof, where persons
are housed--not being members of the
same family — at an amount not exceed
ing five cents a day, or one dollar a
month , for each person ;
( 6. ) any permanent structure in which em
ployers of labour lodge their employés
other than domestic servants, or shop
men , as part of the remuneration given
for their services.
Domestic
building.
5. Domestic building. – Any human habitation, or building
where persons pass the night .
Drug. 6. Drug. – Any medicine for internal or external use.
Food . 7. Food . - Any article used for food or drink other than
drugs or water.
PUBLIC HEALTH . [ 24 OF 1887. ] 977
8. Hill-side. The face of the natural hill , or the face of Hill-side.
any scarp or retaining-wall built to support the
same, or any artificial filling in or terracing with
earth behind such scarp or retaining-wall, made
with the object of supporting a street or forming a
site for a building
9. Householder.- For the purposes of this ordinance , the Householder.
actual tenant or occupier of any building, or in
cases where there shall be no such person , then the
immediate landlord of such building, and , in the
case of corporations, companies, and associations,
the secretary or manager thereof shall be deemed
the householder, and shall be liable under this
ordinance.
10. Keeper ofa common lodging -house.Any person licensed Keeper of a
common
to keep a common lodging -house. lodging .
house.
11. New building . – Any structure begun after the com- ing.
New build
mencement of this ordinance or ofwhich the enclosing
walls have not been carried higher than the footings,
or such old buildings as shall for the purposes of
reconstruction be taken down to an extent exceeding
one half, such half to be measured in cubic feet.
12. Occupier. — The person in actual occupation of any Occupier.
premises.
13. Owner . - Any house-owner, or the person for the time owner.
being receiving the rent of any premises, solely or
as joint-tenant , or tenant in common with others,
or receiving the rent of any premises whether on
bis own behalf or that of any other person , or, where
the owner cannot be found or ascertained, the
occupier ; and for the purposes of this ordinance
every mortgagee in possession shall be deemed an
owner.
14. Person ( and words applied in this ordinance to any Person .
individual)-Corporations, companies, and associa
tions.
15. Premises. - Any land , building, or structure of any Premises.
kind, footway, yard, alley, court, garden, stream,
nullah, pond, pool , paddy-field , marsh, drain , ditch,
or place open , covered , or enclosed, cesspool or
foreshore, also any vessel or boat lying within the
waters of the Colony.
16. Secretary .— The Secretary to the Sanitary Board duly Secretary.
appointed under the provisions of section 6 of this
ordinance.
978 [ 24 OF 1887. ] PUBLIC HEALTH.
Tenant. 17. Tenant.- Any person who leases direct from any
householder the whole of any floor or floors of any
building or tenement -house.
Ter ent .
house. 18. Tenement- house. — Any domestic building let to and
inhabited by more than one occupier or family, as
tenants of a common landlord , or as sub -tenants of
a tenant of any portion of such domestic building.
Vessel.
19. Vessel . – Any steam or sailing ship, launch , juuk ,
lighter, sampan, or boat .
Constitution
of the board .
4. The board shall consist of the Surveyor General, the
Registrar General, the Captain Superintendent of Police, the
Colonial Surgeon , and not more than six additional members,
four of whom , ( two being Chinese ) shall be appointed by the
[See No.
1890. ) 1 of Governor, and two elected by such rate-payers as are included
in the special and common jury lists, and also by such rate
payers as are exempted from serving on juries on account of
their professional avocations. Non -official members of the
board shall hold office for three years.
Governor to
make rules 5. The mode of election , the proceedings incident thereto,
for elections. and all other matters relating to the election of the said mem
bers, by the said rate-payers, shall be governed by rules made
by the Governor in Council , who may, from time to time, add
to, vary, or revoke, any of the said rules.
President, 6. The Governor shall appoint the president, vice -president,
vice -presi.
dent and and secretary of the board, and the names of all members ap
secretary . pointed to the board shall be forth with notified in the Govern
[See )No. 1
1890. of ment Gazette, and any number of the Government Gazette,
containing a notice of any such appointments shall be deemed
sufficient evidence thereof, before any Magistrate or Court of
law.
Substitute
members .
7. If any member of the board be at any time prevented by
absence or other cause from acting for more than six months,
the Governor, may appoint, or, if the member has been elected ,
the electors may nominate some other person to replace such
member, until he shall be able to resume his functions.
Vacancies ,
8. The board shall be held to be legally constituted, not
withstanding any vacancies occurringtherein by death, absence,
resignation, or incapacity of any member.
Sanitary
staff.
9. The Governor may appoint such officers as he shall see
fit to be sanitary superintendent, sanitary surveyors, inspectors
of nuisances, and such other servants as the board may from
time to time recommend, and there shall be paid from the Co
lovial Treasury to such officers, such salaries and allowances
as the Governor, with the consent of the Legislative Council ,
may from time to time determine.
PUBLIC HEALTII . [ 24 of 1887. ] 979
10. The board shall meet once in every alternate week and Board
oftener if need be, and may adjourn from time to time. The meetings.
president may at any time, and shall, on a requisition signed
by three members of the board, summon a meeting thereof.
11. Any four members shall be a quorum for the despatch of Quorum .
business, and at every meeting, the president or vice-president
shall preside, or, in their absence, the members present shall
appoint a chairman . The president or vice-president or in their
absence the chairman so appointed , shall have aa deliberative and
a casting vote.
12. The board may from time to time make standing orders orders.
Standing
for regulating the mode and order of procedure at its meetings,
for the appointment of select committees, for the conduct of its
business between such meetings, and for the guidance of its
officers , and may from time to time alter and amend such stand
ing orders.
13. The board shall have power to make, and when made, to make
powerbye
to
alter, amend , or revoke bye-laws with regard to the following manuke
maiters :
1. The proper construction, trapping, ventilating , and
maintenance of private house- drains in the City of
Victoria, and the villages, and rural districts of
Hongkong and Kowloon.
2. The provision and proper construction of dust boxes in
private premises.
3. The provision of adequate subsoil drainage in order to
arrest damp in dwelling -houses.
4. The cleansing, lime-whiting, and proper sanitary main
tenance of all premises in the Colony.
5. The sanitary maintenance of public latrines, urinals, of(See1891.1
No. 11
dust- bins, and manure-depôts.
6. Surface scavenging , the removal and disposal of night
soil and of other refuse.
7. The closing of premises unfit for human habitation and
the prohibition of their use as such.
8. The protection of the public water supply from pollu
tion .
9. The prevention of the manufacture or sale of unsound ,
adulterated , or unwholesome food.
>
10. The regulation of bakehouses, dairies, aërated water
manufactories , and food preserving establishments.
11. The prohibition of the establishment within certain
limits, and the control of any noxious or offensive
trade, business, or manufacture,
980 [ 24 OF 1887. ] PUBLIC HEALTH.
12. The sanitary maintenance of common lodging-houses ,
opium smoking divans, factories, and places of
public instruction, recreation , or assembly.
13. The prevention of overcrowding in premises, either in
respect of human beings or the lower animals.
14. The licensing and regulation of all depôts and pens for
cattle, pigs, sheep, and goats.
15. The sanitary maintenance of markets and slaughter
houses.
16. The construction , licensing, and proper sanitary main
tenance of pig -sties in private premises.
17. The breaming of vessels, and the maintenance of clean
liness in the harbour of Victoria, the waters of the
Colony , and the foreshores thereof.
[ No. 12 of
1891. ]
18. The disposal of the dead , the regulation and sanitary
maintenance of cemeteries the fees to be charged in
respect of graves and interments, the keeping of such
registers as may be necessary and all other matters
connectert therewith and also for the regulation and
sanitary maintenance of mortuaries and the disinfec
tion of dead bodies.
19. The compulsory vacating of infected premises, and the
disinfection and purification of the same.
20. The disinfection and purification of all infected vessels
and public vehicles.
21. The mitigation or prevention of epidemic, endemic, or
contagious disease among animals..
22. The manufacture and sale of poisons and the sale of
unsound and adulterated drugs.
23. The regulation of public baths, laundries, and wash
houses .
24. The compulsory reporting of infectious, contagious, or
communicable diseases.
Powers of 14. The president or vice -president shall give directions for
president ,and carrying out and giving effect to the decisions of the Board.
dent .
Legislative
Council to
15. All bye-laws made by the Board under the provisions of
approve this ordinance shall be submitted to the Governor, and shall
bye -laws. not take effect until approved by the Legislative Council. And
all such bye- laws, when so approved, shall be published in the
Government Gazette in English and Chinese and shall have the
same force of law and be equally binding and valid, as if they
had been contained in this ordinance.
PUBLIC HEALTH . [ 24 of 1887. ) 981
16. The word Nuisance as used in this ordinance shall nuisance
Definition, of
include :
1. Any failure to supply, or any inadequate or defective
provision of drain, drain -trap, ventilating- pipe,
subsoil-drainage, or cess-pool accommodation, or
any building or part of a building so dark , or so
ill-ventilated as to be dangerous, or prejudicial to
the health of the inmates .
2. Any street or road , or any part thereof, or any water
course, nullah, ditch, yutter, side-channel,drain,
ashpit, sewer, privy, urinal, or cess-pool so foul as
to be noxious, or noisome, or unhealthy.
3. Any water-course, well tank, pool , pond, canal , conduit,
cistern, the water of which , from any cause, is
or
so tainted with impurities, or so unwholesome as to
be injurious to the health of persons living near, or
using such water , or which is likely to promote or
aggravate epidemic disease
4. Any stable, cow -house, pig-sty, or other premises for
the use of animals, which is in such a condition as
to be injurious to health .
5. Any accumulation , or deposit of stagnant water, sullage
water, manure, dirt, house -refuse, or other matter,
wherever situated , which is unhealthy.
6. Any noxious matter, or waste waters, flowing or dis
charged from any premises, wherever situated , into
any public street, road , or into the gutter or side
channel of any street, or road , or into any nullah,
or water -course, or the bed thereof .
7. Any manufactory, trade , or business of a noxious, noi
some, or unhealthy nature.
8. Any cemetery, or place of burial , so situated , or so con
ducted, as to be unhealthy.
9. Any act, omission, or thing which is , or may be dan
gerous to life, or injurious to health or property .
17. It shall be lawful for the board , on reasonable presump- Right of
tion of the existence of aa nuisance, on any premises, by an order entry;
[ See No. 26 of
in writing, to authorize any sanitary officer, with an assistant, 1890,6. 2. )
or assistants, to enter such premises, at any time between six in
the morning and six in the evening, and to inspect the same.
The inspecting officer shall produce and show the order to Notice of
any person being, or claiming to be, the occupier of such pre- entry, to be
mises. Provided that the inspecting officer shall not enter any
982 [ 24 or 1887. ] PUBLIC HEALTH .
house, or upon any land which may be occupied at the time,
unless with the consent of the occupier thereof, without pre
viously giving the said occupier six hours' notice in writing of
his intention to do so .
Penalty. Any person refusing admittance to the said inspecting officer,
after such notice has been given , shall be liable to a fine not
exceeding twenty -five dollars.
Sanitary
Board to serve
18. On the receipt of anyinformation respecting the existence
notice require of a nuisance, the board shall, if satisfied of the existence of a
ing abate
ment of nuisance, serve a notice on the person by whose act, default, or
nuisance.
38 and 39
sufferance, the nuisance arises, or continues, or, if such personi
Vict. c. 55, cannot be found, on the owner, or occupier, of the premises on
S. 91 . which the nuisance arises, requiring him to abate the same,
[See No. 26
1890, 8. 2. ]
of within a time to be specified in the notice, and to execute such
works, and do such things, as may be necessary for that pur
pose : provided ,
First. That, where the nuisance arises from the want, or
defective construction , of any structural convenience,
or, where there is no occupier of the premises, notice
under this section sball be served on the owner :
Secondly. That, where the person causing the nuisance
cannot be found, and it is clear that the nuisance does
not arise, or continue, by the act, default, or sufferance
of the owner, or occupier, of the premises, the board
may themselves abate the same, without further order.
Sanitary 19. It shall be lawful for the board, in any case where there
Board to serve
notice direct is a contravention of any of the requirements of any of the bye
ing compli-
ance with
laws , made under section 13 , to issue a notice to the offender,
byc-laws. stating what is required to be done to carry out the provisions
[ See No.26 of of such bye-laws; and to call upon him to comply with such
1890, s. 2. ] notice within a reasonable time to be stated in the said notice.
Board may
20. If the person served with notice , under section 18 or 19
review notice. is dissatisfied with such notice, it shall be lawful for him , within
the time therein specified , to apply to the board to review the
same, stating the grounds of his application, and the board
shall, thereupon, inquire into the matter, and shall confirm ,
modify, suspend, or discharge the said notice, or extend the
time allowed for compliance therewith .
On non -com . 21. If the person on whom a notice has been served in pur
pliance with suance of section 18 or 19 , has not obtained from the board a
notice com
plaint to be modification or withdrawal of the notice, and continues to make
mistente. Ma- default in complying with the requirements of such notice, or,
in the case of a nuisance, if the same, although abated since the
service of the notice, is, in the opinion of the board, likely to
PUBLIC IIEALTH . [ 24 of 1887. ] 983
recur on the same premises, the board shall cause a complaint
relating to the non -compliance with the said notice, or to such
nuisance, to be made before a Magistrate ; and such Magistrate
shall, thereupon, issue a sumnons, requiring the person on
whom the notice was served to appear before him .
22. If the Magistrate is satisfied that the requirement ofthe Power of Ma
board is legal, or that the alleged nuisance exists, or that, make order
although the said nuisance is abated , it is likely to recur on the dealing
nuisance.with
same premises, the Magistrate shall make an order on such [ Ibid .
person , requiring him to comply with all , or any, of the requisi- sec. 96.)
tions of the notice, or otherwise to abate the nuisance, within a
time specified in the order, and to do any works necessary for
that purpose; or an order prohibiting the recurrence of the
nuisance, and directing the execution of the works necessary to
prevent the recurrence ; or an order both requiring abatement
and prohibiting the recurrence of the nuisance .
The Magistrate may, by his order, impose a penalty not ex
ceeding twenty -five dollars, on the person on whom the order
is made, and shall also give directions as to the payment of all
costs incurred up to the time of the hearing or making the
order for obeying the requirements of the bye- law, for abate
ment or prohibition of the nuisance, as the case may be.
23. Where the nuisance proved to exist is such as to render Order of pro
a house or building, in the judgment of the Magistrate, unfit hibition and
for human habitation, the Magistrate may prohibit the using house unfitfor
human habi
thereof for that purpose, until, in his judgment, the house or tation .
building is rendered fit for that purpose; and, on the Magis- [97.Ibid.
)
sec.
trate being satisfied that it has been rendered fit for that pur
pose, he may determine his previous order by another, declaring
the house or building habitable, and , from the date thereof, such
house, or building may be let or inhabited.
24. Any person not obeying an order to comply. with the Penalty for
requisitions of the board , and failing to satisfy the Magistrate contravention
that he has used all due diligence to carry out such ordler, shall Magistrate.
be liable to a penalty not exceeding ten dollars per day, during
his default; and any person knowingly and wilfully acting
contrary to an order of prohibition, shall be liable to a penalty
not exceeding twenty -five dollars per day, during such con
trary action ; moreover, the Board may enter the premises to
which any order relates, and abate the nuisance, and do what
ever may be necessary in execution of such order, and recover,
in a surnmary manner, the expenses incurred by them from the
person on whom the order is made.
25. Any member, or officer of the board duly authorised by Seizure of
the said board in writing, may, at any time between the hours unwholesome
food .
981 [ 24 of 1887. ] PUBLIC HEALTH .
of six in the morning and six in the evening, enter any shop
or premises used for the sale or preparation for sale, or for the
storage of food, to inspect and examine any food found therein
which he shall have reason to believe is intended to be used as
human food, and, in case any such food appear to such member
or officer to be unfit for such use, he may seize the saine , and
the board may order it to be destroyed or to be so disposed of
as to prevent it from being used as human food .
Chinese 26. It shall be lawful for the Governor in Council from time
cemeteries.
[ See adrer.
tisement
to time to select and appoint, and hy advertisement in the
gazetted 23rd Hongkong Government Gazette, to notify sufficient and proper
February , places to be the sites of, and to be used as cemeteries or places
1889.) of burial for the Chinese ; and from time to time, to alter, vary,
and repeal the said notifications by others, to be advertised in
the like manner ; and in such cemeteries or places it shall be
lawful for the Chinese, in conformity with the provisions of the
notifications actually in force, to bury their dead , yet so as that
any person who shall use for that purpose a grave of less than
six feet in depth from the ordinary surface of the ground to the
uppermost side of the corpse or coffin therein deposited, shall
for every such offence forfeit and pay a sum not exceeding fifty
dollars.
*
* *
[ Sce No. 4 of
1890.]
Removal of
infected
29. Where any person is suffering from small -pox or any
persons. other contagious or infectious disease, and is without proper
lodging or accommodation, or is lodged in a tenement occupied
by more than one family, or is on board any ship or vessel , a
Nayistrate may , on the certificate of the Colonial Surgeon or
any other duly qualified medical practitioner, order the removal
ofsuch person to such suitable hospital or other like place as
may be provided for the purpose.
Kecping pigs,
&c.
30. The keeping of cattle, swine, sheep, or goats without a
licence from the board is hereby prohibited, and any person
keeping such animals, either without a licence from the board,
or in a manner contravening such sanitary conditions as may
be endorsed on such licence, shall be liable, on conviction before
a Magistrate, to a fine not exceeding five dollars, and, in default
of payment, to imprisonment for any term not exceeding four
teen days, and, in the discretion of the Magistrate, to forfeit all
animals in respect of the keeping of which he has so offended .
PART II .
Proclamation
of epidemic
31. Whenever any part of the Colony appears to be threat
disease. ened with , or is affected by any formidable epidemic, endemic,
or contagious disease, the Governor, with the advice of the
PUBLIC HEALTH . [ 24 of 1887. ) 985
Executive Council, may, by proclamation from time to time,
direct that the provisions contained in sections 32 to 37 of this
ordinance, both inclusive be put in force in the Colony , or such
part thereof, as by such proclamation may be specified , and
may from time to time revoke or renew any such proclamation ;
and , subject to such revocation and renewal, every such pro
clamation shall be in force for such period as in such proclama
tion shall be expressed , and every such proclamation shall be
published in the Government Gazette, and such publication
shall be conclusive evidence thereof.
32. From time to time after the issuing of any such proclama- Bye-laws for
tion as aforesaid, and while the same continues in force, the mifiention of
board may issue bye-law's, as they shall think fit , for the epidemic.
prevention as far as possible, or mitigation of such epidemic,
endemic, or contagious disease, and from time to time may
revoke, renew , and alter any such bye -laws.
Any person committing any infraction of the above-mentioned
bye-laws shall be liable to a fine not exceeding two hundred
dollars or to imprisonment not exceeding six months.
33. The board by such bye-laws may provide : Punishment
for contraven.
1. For the speedy and safe disposal of the dead . tion of bye.
laws.
2. For house to house visitation .
3. For the dispensing and distribution of medicines.
4. For providing such accommodation and medical aid as
may be required.
5. For the destruction of infected bedding, clothing, or
other articles.
6. For the compulsory vacating of houses.
7. For any such matters or things as may to the board
appear advisable for preventing or mitigating such
disease.
34. Such bye-laws after approval by the Governor in Council, beBye-laws
publishto
ed
shall be published in the Government Gazette. in the Gazette ,
35. The board shall, through its officers, superintend the Board to
execution of such bye-laws, and shall act, and shall provide all supervise
execution of
such things as may be advisable for mitigating such disease, or bye-laws.
for superintending or aiding in the execution of such bye-laws,
or for executing the same, as the case may require.
36. Any officers or persons authorised in that behalf by the Inspection of
ses.
board may enter at any reasonable time during the day or night, premi
pseNo. 26 of
and inspect any premises where they have ground for believing is90,s.2.)
that any person has recently suffered from or died of any such
disease , or that necessity may otherwise exist for executing in
relation to such premises any of such bye-laws .
956 [ 24 OF 1887. ] PUBLIC HEALTII .
Premises 37. When any such proclamation is in force, and upon any
overcrowded. evidence that the board may deem sufficient that any premises
are so overcrowded as to be injurious to health, the board shall
have power to make such order as it shall see fit to abate such
overcrowding, and the house-holder, tenant, or occupier of such
premises who shall permit such overcrowding to continue after
such order shall have been served on him , shall forfeit a sum
not exceeding one hundred dollars for every day during which
such overcrowding shall continue, and in default of payment he
shall be liable to imprisonment for any period not exceeding
three months.
Proclamation 38. All proclamations of the Governor in Council for execut
to extend to
waters of the ing the provisions contained in sections 32 to 37 of this ordi
Colony . nance, both inclusive, shall extend to the waters of the Colony,
and the board may issue, under the said proclamations, by
virtue of the provisions of section 32, bye-laws for vacating,
cleansing, purifying, and ventilating vessels.
PART III.
Drains.
39. Every owner of a new building erected within the city
( See No.15of of Victoria shall construct the ground floor of such building at
1889, secs.
73, 74. ] such sufficiently high level as will allow of the construction of
a drain and of the provision ofthe requisite communication with
any public sewer into which such drain may lawfully empty , at
a point in the upper half -diameter of such sewer.
* *
[ No. 26 of
1890. ]
All works to
be carried out 49. All works connected with the construction , disconnexion ,
by board or trapping, and ventilating of house-drains, shall be carried out
by persons
approved by at the cost and charges of the owner of the house , either by the
same.
board or by persons approved of by the board under the super
vision of the board or to its satisfaction .
New house
drains. 50. The board may , by a written notice, require the owners
[ No. 26 of of existing buildings, the drains of which are in the opinion of
1890.] the board in a defective or insanitary condition, to construct
within a reasonable time to be determined by the board, new
house -drains in accordance with the provisions of this ordinance,
or of any bye -law made in virtue of this ordinance or to make
such other improvements in the existing defective drainage of
such buildings as in the opinion of the board may be necessary
to meet the requirements of this ordinance or of any bye-law
made in virtue of this ordinance.
Groups of
drains.
51. If it appears to the board that a group of contiguous
tenements may be drained niore advantageously in combination
than separately, the board may order that such group be drained
PUBLIC HEALTH . 987
[ 24 of 1887. ]
upon some combined plan to be approved by it , and the expenses
shall be apportioned by the board between the different owners
of such group of contiguous tenement.
52. If any building be without a sufficient drain, and if a Owners to
public sewer of sufficient size be within one hundred feet of the drains
connectwith
premises or outermost boundaries of the lot on which such main -sewers.
building is situated , and if such public sewer be on a lower level ,
it shall be lawful for the board to require the owner of such
building to connect with such public sewer by means of a proper
drain adequately trapped and ventilated, to the satisfaction of
the board : provided always that, if , after the passing of this
ordinance, any owner, by order of the board , connects his build
ing with a public sewer, he shall not be required to connect such
building, at his own expense, with any other public sewer.
53. Whenever the board shall have reason to believe that Suspected
the drains of any building are defective and in a condition drains to be
injurious to health , it shall be lawful for the board to order an board.
inspecting officer to enter the premises and to inspect such {sce.No,
, S. 2. 24
] of
drains, and, if requisite for the purposes of such inspection, such
officer shall cause the ground to be opened in any place or places
he may dcem fit, doing as little damage as may be, and should
such drains be found in a satisfactory condition, they shall be
reinstated and made good by the board at the public expense,
but should such drains prove in the opinion of the board
defective, it shall cause them to be properly reconstructed in
accordance with the provisions of this ordinance.
54. Every owner of a new building in the villages and rural House drains
districts of Hongkong and Kowloon shall construct the ground and rural
floor of such building at such sufficiently bigh level as will districts.
allow of the construction of a drain, and of the provision of the
requisite communication with any public sewer into which such
drain may lawfully empty or with any other means of drainage
with which such drain may lawfully communicate.
55. Wherever feasible , every house-drain in the villages and Open drains.
rural districts of Hongkong and Kowloon shall hereafter be an
open drain consisting of a semi-circular channel, of glazed
stoneware jointed in cement mortar and laid to adequate falls
on a bed of good lime or cement concrete, to the satisfaction of
the board .
56. In isolated places not connected with any public drainage Sumps.
system , every such open drain shall lead and empty into a
covered sump or cesspit built of brick or lime concrete rendered
smoothly in good Portland cement mortar in such manner as
to be water tight.
988
[24 of 1887. ] PUBLIC HEALTH .
Stagnant
water .
57. No premises within the city of Victoria or the villages
of Hongkong and Kowloon , shall be so excavated as shall admit
of the formation, on the surface thereof, of pools of stagnant or
other foul waters, and it shall be lawful for the board to call
upon the owner of any premises whereon such pools may exist,
to fill up the same with good clean earth to the level of the
surrounding ground, or to drain off such pools by means of
5
surface -drains into any channel with which such surface - drains
may lawfully communicate.
PART IV.
Areas .
58. Every person , who shall erect a new building on land
obtained from the Crown, after the passing of this ordinance,
and on a site, excavated out of a slope or declivity, shall not
permit such new building to abut against the bill-side, but shall
leave a clear intervening space or area of at least four feet
between such new building, along its whole extent , and the toe
of the slope of the hill-side, always provided that
( 1.) Any kitchen, or out-house, appertaining to such new
building, may abut against the hill -side, if not
designed, or intended for human habitation ; and,
( 2. ) Any basement story, designed for cellarage or purposes
other than human habitation, may abut against the
hill-side, to the extent of the height of such base
ment story.
Area to be 59. In the case of land obtained from the Crown before the
left in land
purchasca passing of this ordinance, every person , who shall erect any new
previous to
ordinance. building on a site which has been excavated out of a slope or
declivity, shall leave a clear intervening space or area of at least
four feet, between such new building , along its whole extent,
and the toe of the slope of the hill-side, unless,
Exemptions. ( 1. ) The basement story of such new building is intended
for purposes other than human habitation, or,
( 2. ) Such building is situated at the intersection of two
streets, and the basement story thereof is properly
ventilated from both streets , or,
( 3.) The basement wall, abutting on the hill-side, is
carried -up to such a height above the level of the
ground outside as will admit of the construction in
such abutting wall of one or more windows opening
from the basement story directly into the external
air ; or , where this is impracticable, the basement
story shall be lighted and ventilated by means of
grated openings or areas on Crown land, the per
mission for the erection of such areas on Crown
land to be entirely at the discretion of the Governor
in Council , or
PUBLIC HEALTH . [ 24 of 1887. ] 989
( 4. ) The basement story of such new building consists of
one single shop, the frontage of which shall face on
a public thoroughfare, and shall be open to the
external air from the floor to the ceiling along the
whole extent of such frontage.
60. It shall not be lawful for any person, who shall have Kitchen, & c .
been allowed to erect any new building, kitchen, or outhouse,
abutting against the hill -side, under the provisions of section
58, or sub - section 1 of section 59 , or for any subsequent owner
or tenant thereof, to use, or suffer to be used, at any subsequent
period, the basement story of such new building, or such kitchen ,
or outhouse, for the purposes of human habitation.
Şub-soil
61. Every person who shall, under the provisions of section drainage.
58 or 59 , leave a clear intervening space or area between a new
building and the hill-side, shall make the surface of the floor of
such area at least twelve inches lower than the level of the base
ment floor of such new building, and he shall lay, to the full
extent of such area , along the toe of the slope of the hill -side,
and to a depth of at least twelve inches below the surface, a line
of hard, sound , stone-ware field -pipes, of not less than three
inches diameter, for the purpose of effectually draining the sub
soil of such area, and he shall not cause such sub - soil drain to
be passed out under the floor of any building, unless any other
mo'le of outlet may be impracticable ; and, in such case, he
shall cause the sub-soil drain to be so lail under the ground
floor of such new building, that there shall be a distance of at
least nine inches between the top of such drain and the surface
of such ground floor.
62. The floor of every area and of every basement story Paving a andof
shall be properly asphalted, paved , or covered over, with a layer are
ndoors.
of good concrete at least nine inches thick and the floor of such
area shall have aa fall , from the external wall of such building
towards the face of the hill-side, of at least half an inch to the
foot.
63. Every area shail be kept, at all times, free and un- Structures
obstructed by structures of any kind other than flights of steps, probibitxi
in areas
.
nor shall such area be roofed in, or covered over with glass or
other material. No bridge or flight of steps shall be placed
over any window opening into such area. Every area shall be
provided with a suitable parapet wall, or safe iron railing, or
fence, along its upper edge.
.
64. No person shall construct, excel't in a hospital, any waters Water -cloxets
closet or urinal having any communication with (any underground [1891,3.2.) of
)
public sewer or private drain without the permission of the Sani
tary Board and any such existing water -closets or urinals so com
990 [ 24 of 1887. ) PUBLIC HEALTH .
municating shall be removed by the owner upon his being required
by the board to effect such removal.
Privies in
factories or 65. Every factory, refinery, distillery, godown, or other
other industrial establishment whatsoever, employing a number of
industrial
establish persons, shall be provided by the owner thereof with proper
ments. privy accommodation on the premises, to the satisfaction of the
board.
Buildings on
new Crown
66. Every person who shall erect a domestic building upon
Lots. land obtained from the Crown after the passing of this ordinance
shall provide along the entire back of such building, if one
storied, a clear space forming a back -yard of at least ten feet in
width , and if such building be of two or inore stories , he shall
cause the width of such back -yard to be at least fifteen feet.
PART V.
Overcrowd .
ing.
67. Every domestic building or portion thereof found to be
inhabited in excess of a proportion of one adult to every three
hundred cubic feet of clear internal space , shall be considered
to be in an overcrowded condition, and shall be deemed a
*
{ -Vo. 20 of nuisance.
1890. ]
300 cubic feet
68. It shall not be lawful for any houseliolder or tenant to
ofspace to be let or sub -let, for occupation, any tenement-house or any floor,
inmate of
houses. compartment or portion thereof to so large a number of persons,
or families, as shall leave less than three hundred cubic feet of
clear space for every adult inmate of such householder or tenant
if resident on the premises, and the presence of any number of
persons in excess of this porportion , between the hours of 11
P.M. and 4 A M., shall be taken as primâ facie evidence that such
tenement-house, floor, compartment, or portion thereof, has
been let in contravention of this section .
Inspection of 69. The keeper of a common lodging-house, and every other
common lodg.
ing-houses. person acting in the care or management thereof, shall, at all
38
c
and
,
39
.
V: times, when required by any officer of the Sanitary Board, give
c. 55, sec . 85. him free access to such house, or any part thereof, and any such
keeper, or person, who refuses such access shall be liable to a
penalty not exceeding twenty -five dollars .
Steps to be 70. If any tenement-house, or domestic building, or portion
taken toabate thereof, shall be found to be in an overcrowded condition , the
ing. board shall, by a written notice, require the tenant of the same,
or any portion thereof, and also, if necessary, the house-holder,
to abåte such overcrowding, within a period of one calendar
month ; such notice shall specify the cubic capacity available
for habitation in such tenement-house, or other domestic building,
and the number of persons which may be legally accommodated
PUBLIC HEALTH . [ 24 of 1887. ] 991
therein . If the said notice be not obeyed , it shall be lawful for
the said board to apply to a Magistrate, who, on sufficient cause
shewn , shall summon before hin the tenant or occupier of such
dwelling house, or such householder.
If the person summoned admits, or if it be proved to the ma
Magistrate
y make
satisfaction of the said Magistrate that the said house is over order .
crowded, the Magistrate shall make an order for the abatement
of the nuisance forth with .
On the hearing of the said matter, the Magistrate may make Inspection.
such order for the inspection, at any hour of the night or day,
of the said house, as the circumstances of the case may require.
Such order to continue in force for a period not exceeding one
month .
71. Any room of аa tenement-house used as a common kitchen, Common
shall not be used as a sleeping room, and the householder, or to beused as
tenant thereof, shall be responsible that such common kitchen sleeping rooms .
is not so used, nor shall any passage, lobby, or other place,
partitioned off from any sleeping room to the height of the
ceiling, be included in the calculation of the cubic capacity
available for human habitation .
72. In the calculation of cubic space, for the purposes of the Children of
ten years.
four preceding sections, two children ten years , or under ten
years of age, shall be counted as one person, and every person
over ten years of age shall be considered as an adult.
73. No person shall open , or keep open , a common lodging- houses.
Lodging.
house, unless the house is registered,and the keeper thereof is
licensed by the Registrar General. The board shall have power (No. 26 of
from time to time to make go when made to alter amend or revoke 1890.]
bye-laws with regard to the licensing of regulation of common
lodging -houses as well as for their sanitary maintenance.
74. No person who shall erect a domestic building shall Domestic.
allow the same or any portion thereof to be occupied, until such buildings.
building shall have been previously examined by an officer of
the board, duly authorised by the board, and certified by such
officer as having been built in compliance with the entire
provisions of this ordinance.
75. Any person who shall not comply with the requirements Punishments.
of sections 67, 68 , 70, and 71 shall be liable to a penalty not
exceeding fifty dollars, or, in default of payment, to imprisonment
not exceeding one inonth .
PART VI.
76. All reasonable expenses incurred by the board in conse- Reimburse
quence of any default in complying with any order or notice ment of to
expenses
issued under the provisions of this ordinance shall be deemed the board.
992 [ 24 of 1887. ] PUBLIC IIEALTII .
to be money paid for the use and at the requirement of the
person on whom the said order or notice was made, and shall
be recoverable from the said person in the ordinary course of
law at the suit of the secretary to the board duly authorised by
the said board .
Recovery of 77. The provisions of the Crown Remedies Ordinance, 1875,
expenses .
shall apply to the recovery of all such expenses, and the certificate
required by that ordinance shall be signed by the secretary.
Assaulting 178. Whoever assaults, obstructs, molests, or hinders any
member
officer of the member or officer of the board in the execution of the duties or
board.
exercise of the powers imposed or conferred upon him by this
ordinance, shall be liable to a penalty not exceeding two hundred
dollars or to imprisonment not exceeding three months.
Schedule B. 79. Every notice issued by the board shall be in the form
contained in schedule B to this ordinance.
Manner of
serving
80. Every such notice or order may be served by any officer
notices . or servant of the board by delivering the same to or at the
residence of the person to whom it is addressed, and when
addressed to the owner of any premises it may, if such owner
cannot be found, be served by delivering the saine to some
person upon such premises, or if there be no person upon such
premises who can be so served, by affixing the same to some
conspicuous part of the premises.
Penalties. 81. Any person in whose possession there shall be found any
food liable to seizure under section 25 of this ordinance shall be
liable to a penalty not exceeding one hundred dollars or to
imprisonment not exceeding three months.
Do. ,
82. Any person or persons who shall, in making application
for registration or licensing of a common lodging-house, know
ingly make any false statements regarding any of the particulars
required to be stated in such application, shall, on conviction
before a Magistrate, be liable to penalty not exceeding
twenty - five dollars.
Do.
83. Any person who shall contravene any provision of this
ordinance or of any bye-law made thereunder for which no
special penalty is provided shall be liable to a penalty not
exceeding fifty dollars, or, in default of payment, imprisonment
not exceeding three months.
Do. 84. All penalties imposed by this ordinance or by any bye
laws thereunder may be recovered in a summary manner before
a Magistrate at the suit of the Secretary.
PUBLIC HEALTH . [ 24 or 1887. ] 993
85. Where proceedings under this ordinance are competent Proceeding
against several persons in respect of the joint act or default of against
such persons, it shall be sufficient to proceed against one or persous.
more of them without proceeding against the others .
86. This ordinance shall not come into operation unless and Suspending
clause.
until the Officer Administering the Government notifies by
proclamation that it is Her Majesty's pleasure not to disallow
the same, and thereafter it shall come into operation upon such
day as the Officer Administering the Government shall notify
by the same or any other proclamation.
Schedule A.
The following ordinances or parts of ordinances and all rules * made there- [* See s. 2 supra.]
under are repealed : --
*
# * ** *
Schedule B.
Ilongkong, 188 .
To
Notice is hereby given to you on behalf of the Sanitary Board that the
nuisance specified hereunder is found to exist in your premises No.
特
and that you are therefore hereby required
within a delay * of from the time of service upon you of the [* Sic.]
present notice to abate such nuisance in the manner hereunder set forth .
By order of the Sanitary Board .
Secretary
Nature of Nuisance.
Action to be taken for the abatement of the nuisance.
[ In force from the 31st May, 1888, by proclamation of same date.
Confirmation proclaimed 30th May, 1888, and also proclaimed 9th June,
1888, which cancelled the last mentioned proclamation .]
Additional rule made by the Governor in Council the 22nd gazetted 24th May, Ordinance
[See see.2of
No.
24 of 1857 , and
1884, under Ordinance No. of 1883, in relation to the maintenance schedule A.)
of order and cleanliness within the Colony of Hongkong.
No fertilization or irrigation of land with excretal matter shall be carried
on within a distance of fifty yards of any public road or thoroughfare.
994
[ 24 of 1887. ] PUBLIC HEALTH .
( See sec . 2 of Regulations made by the Governor in Council under 8. 12 of Ord. No. 7 of 1883
Ordinance No.
24 of 1887 ,
schedule ..) for the guidance of owners, lessees, or agents of premises proposed to be
used as Chinese Emigrant Lodging Houses on the 27th June,
and gazetted the 16th August, 1884.
1. The house must be substantially built, be in good repair, clean and have
proper drainage.
2. The house drains must not be in direct communication with the public
sewers .
3. Each sleeping room must be provided with proper means of ventilation
to the satisfaction of the sanitary inspector.
4. Each sleeping room must be fitted with proper bunks, the number of
bunks in each room to be so arranged as to give an average cubic space of
350 feet for each single bunk .
5. The house must have adequate kitchen accommodation provided with
proper means for the removal of smoke, & c . , to the satisfaction of the sanitary
inspector.
6. The house must lave a proper receptacle for the storage of water.
7. The house must have proper accommodation for personal washing to
the satisfaction of the sanitary inspector.
8. The house must have proper and adequate privy, urinal and ash -bin
accommodation to the satisfaction of the sanitary inspector.
[ Do.) Additional rules made by the Governor in Council, under s. 12 of Ord.
No. 7 of 1883 of the 27th and gazetted 28th August, 1886.
1. The breaming and repairing of vessels will only be permitted on such
portions of the public foreshores of Kowloon near Yaumáti and Hunghòm as
are set apart for the purpose and indicated by granite boundary posts
painted white .
2. No vessel shall be hauled up on any public foreshore for the purpose
of being breamed and repaired except under a written permit from the
Captain Superintendent of Police or the Police officer in charge of the
district. The conditions under which the permits will be granted shall be
subject to the approval of the Governor in Council.
3. Vessels while lying on the foreshores undergoing breaming or other
repairs shall be subject to the same sanitary laws as are applicable to tene
ments on shore, more especially as regards the disposal of waste products
and the prevention of accumulations of filth in their immediate vicinity.
Rules made by the Governor in Council, under s. 5 of “ The Public Health
Ordinance, 1887, of the 31st May, and gazetted the 2nd June, 1888.
ELECTION BY THE RATE -PAYERS OF MEMBERS OF
THE SANITARY BOARD .
1. Elections shall take place at such time and place as shall be previously
notified by command of the Governor in the Hongkong Government Gazette.
PUBLIC HEALTH . [ 24 of 1887. ] 995
2. The Registrar of the Supreme Court, hereinafter termed The Registrar,
shall in accordance with any such notification summon to an election the
persons by law entitled to vote at such election and shall preside at the
election .
3. The name of every candidate must be proposed in writing by one elector
and seconded by another.
4. No elector will give more than one vote .
5. The voting will be by ballot.
6. The name of every elector voting must be recorded .
7. The ballot box must be opened and the votes counted in the presence
of the electors present.
8. Candidates, as such , are not disqualified from voting.
9. In the event of two candidates having an equal number of votes, only
one of whom cau be elected , their names must be submitted to another ballot.
10. As to any matters connected with the order of proceeding not hereby
provided for, the Registrar shall take such order as he thinks fit.
11. The Registrar shall make a return of the electors to the Governor as
soon as conveniently may be after the election. The return must be accom
panied for the Governor's information , by :
(a .) A list of the electors present at the meeting.
( b.) A list of the candidates with the names of their proposers and
seconders.
(c.) A list of voters.
( d.) A stateinent of the number of votes given for cach candidate.
Bye -laus made by the Sanitary Board of Ilongkong under s. 13, sub-s. 24,
for the compulsory reporting of infectious, contagious or communicable
diseases, approved by the Legislative Council 2nd January,
and gazetled 5th January, 1889 .
1. The following bye -laws refer to small -pox only.
2 , The words “ Medical Practitioner ” sball include all persons of what
ever nationality who practise medicine whether registered or not under
Ordinance No. 6 of 1884 .
3. If any inmate of any premises be suffering from small-pox, and if such
inmate be under the care of a medical practitioner the said medical practitioner
shall forthwith furnish the secretary to the board or the Registrar General
with a notification in writing of the name of such inmate and the situation of
such premises.
4. If any such inmate be not under the care of a medical practitioner, the
occupier or keeper of such premises or part of such premises or the nearest
male adult relative living on such premises shall on the nature of the disease
becoming known to him or on suspicion of the existence in such inmate of
any such disease forth with notify the same to the secretary to the board or
the Registrar General or the officer in charge of the nearest Police Station.
5. Such notification shall immediately on receipt thereof be transmitted
by whomsoever received to the secretary to the board.
6. The secretary to the board shall upon application furnish every medical
practitioner in the Colony, the Registrar General and every officer in charge
of a Police Station with the printed forms of notification to be used .
996 [ 24 of 1887. ] PUBLIC HEALTH .
Bye -laws made by the Sanitary Board of Hongkong under s. 13, sub-s. 19,
for the compulsory vacating of infected premises, and the disinfection
and purification of the same, approved by the Legislative
Council 7th and gazetted 9th March, 1889.
1. In the following bye-laws the words “ infected premises ” mean and
include any premises in which any person suffering from any infectious disease
is or has been recently located .
The words “ infectious disease ” mean and include small-pox and such other
diseases as may from time to time be defined by the board by resolution for
the purpose.
2. On receipt of a certificate from a duly qualified medical practitioner
that any person suffering from any infectious disease is improperly lodged,
the sanitary superintendent shall in case the said person is unwilling to be
removed forth with apply to a Magistrate for an oriler for the removal of such
person mder the provisions of section 29 of the ordinance.
3. When any person suffering from any infectious disease is willing to be
removed to a hospital or other suitable place the sanitary superintendent shall
with the assent of the patient take such measures as he may deem necessary
for the safe and convenient removal of the said patient.
4. When any person suffering from any infectious disease has been removed
from any premises or has recovered or bas died the sanitary superintendent
shall with the assent of the occupiers of the infected premises take such steps
as he may deem necessary for the disinfection and purification of the said
premises.
5. In case of emergency or if for any reason the sanitary superintendent is
unable to carry out the duties specified in the foregoing bye -laws any officer
of the board authorized by the president for that purpose may act in his place.
Bye- laws made by the Sanitary Board under s. 13, sub-s. 6, and approred by
the Legislative Council the 20th and gazetted 23rd November, 1889.
1. The general surface scavenging of the City of Victoria the Hill Districts
and the larger villages in the Colony and the removal of night-soil and
cognate matters from the Hill Districts, public buildings and free and licensed
latrines shall be carried out by contractors in accordance with the terms and
conditions of the contracts for the time being in force.
2. The servants of the various public sanitary contractors shall, while at
work, wear such distinguishing badge as shall from time to time be directed
by the Sanitary Board.
3. Except between the hours of 2.30 A.M. and 7 A.M. in summer, and 2.30
A.M. and 7.30 A.M. in winter, the conveyance of excretal matters along any
public road or street is probibited .
4. Except between the hours of midnight and 9 A.M. the conveyance of
pig -wash or other noxious or offensive waters along any public road or street
is prohibited.
5. Except in strong substantial buckets with closely fitting covers the
conveyance of excretal matters, pig -wash, or offensive waters along any
public road or street is prohibited .
6. The occupiers of any premises, or if there be no occupier the immediate
landlord shall make due provision for the daily removal of all excretal matters
and house refuse from their premises to the conservancy -boats, and dust-carts,
dust -bins or dust -boats.
7. Occupiers sball provide themselves with strong substantial moveable
dust -bins for the reception of the day's house refuse.
PUBLIC HEAL'I H. [ 24 or 1887. ] 997
Bye -laws made by the Sanitary Board under section 13, sub-sections 13, 14
and 16 to give effect to section 30, and approved by the Legislative
Council the 20th und gazetted 23rd November, 1889.
1. Annual licences expiring on the 31st day of December of the year in
which they are granted shall be issued for the keeping of cattle, swine, sheep,
an goa
d ts .
2. Any person desirous of obtaining a licence to keep cattle, swine, sheep
or goats shall make application to the board by means of a properly filled -in
form , for which purpose blank forms can be obtained from the Secretary to
the board at his office.
3. No building in which cattle, swine, sleep and goats are housed shall be
situated nearer than six feet to any dwelling -house and shall not in any way
connect with a public or private sewer except with the special permission of
the Sanitary Board . Such building shall be lighted and ventilated to the
satisfaction of the board and the flooring thereof shall be of granite slabs
concrete or other impervious material and provided with water-tight channels
for draining all urine and fluid noxious matters into a water-tightcovered
su
sump or such other place as may be approved of by the board . The mp
shall be constructed to the satisfaction of the board and shall be emptied and
the contents thereof together with the solid manure in the building removed
daily.
4. Each cow shall have at least 24 square feet nett area of standing room
and 360 cubic feet of air-space ; but in no case shall the building be less than
12 feet in height.
5. Each sheep, goat and pig shall have at least 8 square feet of standing
room and 90 cubic feet of air -space.
6. The buildings shall be at all times kept in a cleanly condition and the
walls shall be scraped and lime-washed at least once every six months.
7. A building for which a licence is held to house cattle, swine, sheep or
goats shall not be used for any other purpose than the housing of such animals
except the storage of fodder, and the space occupied by such fodder shall not
be included in the cubic air -space laid down in Bye -Laws 4 and 5 .
8. Buildings in which cattle, sheep, goats and swine are house :l shall le
at all times open to inspection by members of the Sanitary board or any of
the board's officers .
9. Every licensee or in his absence the person in charge of the animals
shall, with all possible speed, report to the officer in charge of the nearest
Police Station any and every case of disease occurring amongst bis animals.
In the event of an animal dying the carcase shall not be removed or buiel
without an order in writing from an inspector of live stock or from some
person anthorized by him .
10. The Sanitary board may, in its discretion, cancel any licence to keep
animals on the holder of such licence being a second time convicted before a
Police Magistrate for a breach of these bye-laws.
11. In the calculation of cubic space under bye-la w 4, two calves — under
one year - shall be counted as one cow .
12. In the calculation of cubic space under bye -law 5 , two lambs, two
kids and two young pigs — under 4 months - shall be counted as one cleep,
one goat, and one pig respectively.
Gorernment Notification, (No. 109 ) given und gazetted 26th April, 1890.
Notice is hereby given that the Governor in Council has, under section 27 of
Ordinance No. 24 of 1887 , directed the Old Chinese Cemetery at Shaukiwan
to be closed from this date.
998 [ 24 of 1887. ) PUBLIC HEALTH .
Bye-laws made by the Sanitary Board of Hongkong, under s. 13, sub - s. 1 ,
and approved by Legislative Council 13th October, 1890.
( Gazette 18th of same month .)
Preliminary Explanatory Notes.
A. The following notes convey, in general terms, the principles that should
guide the design and construction of house - Irains. Before proceeding to lay
down in detail the instructions which should be attended to, in order to apply
the same satisfactorily ; it must be observed that no code of instructions can
possibly embrace every case that will occur . It must be remembered that no
system of house - drainage that has yet been devised, or probably will ever be
devised, does away with the necessity for care in use . The real remedy for
the inconveniences which are too often experienced from house-drains lies,
not in any elaboration of appliances, but in careful construction, careful use,
and a reasonably liberal water supply. Without the co -operation of the
public, the sanitary authority is almost powerless to effect improvement. It
is therefore to be hoped that the public will assist, hy insisting on good
construction and the proper use of house -drains.
B. The object of a house -drain is to carry off, from the dwelling to the
street-sewer, water fouled by use, together with all the solid or semi-solid
refuse which is usually associated therewith, such as excrementof men or
domestic animals, refuse from cooking and the like ; in short, the foul liquid
usually known as sewage.
C. The house -drain must be “ self -cleansing.” The sewage as produced
in the daily life of the inmates, must flow through the drain with a current
sufficiently rapidl to sweep along with it all suspended matter, so that no
permanent deposit can take place. A drain in which deposit takes place, is
a cesspool in disguise, from which offensive emanations find their way into
the dwelling ; and from which putrid sewage flows into the street-sewers,
making them exceedingly offensive. A badly constructed or badly kept
house -ulrain is, therefore, not only a source of danger to the inmates of the
house that it drains, but a public nuisance also. Unless house -drains are
well made and properly used, no system of street-sewers, however perfect,
can work in a satisfactory manner .
D. Water being the agent which cleanses the house -drains, its liberal use
by the inmates of the dwelling, is essential to the proper maintenance of
house-drains. The sewage must be well diluted. Nevertheless the quantity
of water necessary for the proper cleansing of house -ulrains, is not excessive.
The water normally used by the inmates of a dwelling for washing and
cooking, is sufficient for this purpose, provided that it is readily obtainable at
all times, either in the dwelling, or in close proximity thereto.
E. The principal point to be attended to in the design of house- drains, is
so to arrange matters that the sewage, as produced , shall flow through them
in the most rapid current practicable; so that all suspended matter shall be
swept away at once and completely.
F. The speed of a stream flowing throngh a pipe or channel, of given size
and shape, depends upon the following conditions:
(a.) The inclination of the channel.
(6.) The smoothness of its surface.
(c. ) The volume of the stream .
The steeper the slope and the smoother the sides of the channel, the swifter
will be the current. The greater the volume of the stream , inclination being
the same, the greater the speed .
PUBLIC IIEALTH . [ 24 of 1887. ] 999
Tlmus ; if aa 12" and aa 3" pipe have the same inclination the velocity in the
12" pipe would be about twice as great as in the 3 " pipe, provided that both
were half full. But to fill the two pipes to this extent, the quantity of water
passing through the 12" pipe, would be about thirty -two times that passing
through the 3 " pipe. But if the same quantity flowed through both pipes,
then the current in the 3" pipe, being more contracted, would flow more
rapidly than that in the partially filled, 12 " pipe.
G. These consilerations would lead to the conclusion that the best size, to
be used for any house-drain, would be that which would just suffice to carry
off the sewage with the pipe not less than half full. Within certain limitations,
this is the case .
H. In the case of street -sewers draining large districts, from which the
flow of sewage is comparatively regular and capable of estimation, the proper
size of sewer may be calculated with some approach to precision. In the
case of house -drains, however, such precision is impracticable. The rate of
flow is irregular and the quantity of sewage depends upon the habits of the
inmates. Were the size of aa house -drain calculated to carry off even a most
liberal water supply, which is , for practical purposes the measure of the
sewage, it would be found, in the vast majority of cases, to be much less than
that which experience has shewn, to be applicable in practice. It has been
found that aa house-drain less than a certain size, is inconvenie :tly liable to
stoppages, caused by extraneous matters, such as rags , paper and the like,
which occasionally find their way into the best managed house-urains.
1. The minimum size of house- lrain is usually fixed at from four to six
inches in diameter.A four- inch drain , constructed in the insual manner, is
probably somewhat small as a minimum ; and a six-inch somewhat large.
A diameter of five inches, were this size readily obtainable, would be a better
minimum .
J. Whenever the minimum size will suffice it should be used. Indeed ,
subject to the limit laid down in the preceiling paragraph, and to certain
conditions to be set forth later on , the smaller the house-drain the better.
The use of unnecessarily large house -drains amounts to an abandonment of
the self-cleansing principle. If a drain is so large that the normal flow of
sewage cannot fill it to a sufficient deptli to establish a self- cleansing velocity,
deposit takes place and goes on , either till the pipe is choked and the sewage
escapes, through leaks, to the sub -soil : or, until the deposit has accumulated
sufficiently to reluce the area of the sewage -way to that which will establish
a current sulliciently rapid to prevent further deposit.
K. In order that the size of house - rains may be reluced to the minimum
practicable, in each instance, rain -water should be excluded from them as far
as possible. Rain -water cannot, however, be wholly excluded from house
drains. Many uncovered surfaces such as back -yards, receive slops and foul
water in the course of daily use and this must be carriel off by the house
drains. A duplicate set of Irains for such areas, one for sewage and the
other for rain -water, would be a costly complication and there would be no
security that cach set would be el for its proper purpose only. Some
sewage would almost inevitably find its way into the rain -water drain, whichi,
being of large size, would be imperfectly flushed and therefore offensive.
L. Rain -water should be diverted from honse -drains to the full extent that
is possible by the use of surface -channels. As a general rule, when surface
chamels cannot be used to divert rain -water, it must be admitted to the
house - rain . Hence, in the majority of cases, the amount of rain -water to be
carried off determines the size of the house -drain . The table, hereunto
attached , gives the area from which 4" of rain, falling in one hour, will be
carried off by pipes of various sizes, laiil at different inclinations. In providing
1000 ( 24 of 1887. ] PUBLIC HEALTH .
for the removal of rain -fall, from a given surface, it is to be remembered that
it is not sufficient to provide a pipe of ample size to carry off the rain -fall.
Traps and gratings must be provided in sufficient numbers and of sizes to
admit the rain -water freely to the drain and the surface must have a fall to
carry it to the openings. In many cases neglect of these precautions has
caused flooding. This has been put down to the size of the pipes, whereas
the iulets were really at fault.
Rain -water cannot be looked upon as a legitimate agent for cleansing
house-drains from deposit. Firstly, there should be no deposit to remove
from well constructed and properly managed drains ; and secondly, because there
are long intervals in which no rain falls so that this flushing agent fails when
most wanted.
M. The irregularity and uncertainty of the flow of sewage, which precludes
an accurate determination of size, makes it impracticable, to calenlate
definitely the proper inclination of house-vrains. Experience shews that,
under the vormal conditions of use, an inclination of one in thirty is desirable
to ensure a self-cleansing drain ; especially when the drain conveys the
sewage from a single trap or inlet. An inclination of one in thirty, therefore,
should , as a rule, be given to house -drains. Drains laid at much flatter
gradients can be made to work perfectly, with care, and provided that the
flow of sewage is copious i. l. sufficient to fill the pipe nearly half full. The
designer of house-ulrains having no control over their subseqnent usage, will
do well to give them , in every case, the greatest practicable fall.
X. The ordinary “ trap ” or syphon is not a perfect preventive against the
escape of sewage -tainted air from house drains, although it is the only
appliance available for the purpose. The water which seals the trap may
evaporate during disuse, or a piece of fibrous matter may act like a syphon
and draw off the water suficiently to leave a free passage for the escape of
sewage -tainted air. Again , if there be a series of inlets connected to a drain
which is un provided with any free outlet ; a sudden rush of water through
one trap will force the air contained in the drain tl:rough the other traps or
unseal them by drawing off their contents, and open a passage for the escape
of sewage -tainted air into the dwelling, or into some contined space in its
neighbourhood . Consequently , house- draius must be “ ventilated ,” or rather
provided with vents, to prevent the accumulation of sewaye -tainted air therein ,
and to secure the efficiency of the traps. To effect this thoroughly, the drain
must have, at or near its extremities, openings giving a free escape to the air
within it , and between these openings, there should be no trap or other
obstruction to the free passage of air.
0. These ventilating -openings should be so placed that any sewage-taintel
air which may escape from them shall be as little offeasive as possible. With
this object the imer ventilating -opening should be placed above the roof of
the dwelling. This is usually done by carrying up a pipe, having a free
opening at the top, above the roof ; and at a distance from any window . The
second opening is usually made on the house -side of the trap which severs
the direct communication between the drain and the public sewer. If, bow
ever, there be no trap between the house - rain and the sewer then there is no
necessity for a second opening , the sewer itself serving the purpose. With
a well constructed system of self-cleansing street -sewers this arrangement
may be adopted withi safety, even with advantage. Then every house -drain
ventilator serves as a sewer ventilator also ; and when this is done wiversally,
no accumulation of sewer -tainted air can take place in any part of the system .
P. Care must be taken in selecting the position of the lower ventilating
opening, because the elevated ventilating pipe by no means secures a per
manent upward current of air. According to the relative temperature of the
air within and without the drain , to the direction and force of the wind, so an
upward or downward current will obtain .
1001
PUBLIC IIEALTH . [ 24 of 1887. ]
Q. Complete ventilation is especially important when any part of the house
drain system is in communication with the interior of the dwelling ; or where
the system is extensive and has numerous inlets. It is essential where water
closets are uscil, or where the drains receive excrementitious matter. In the
case of a short length of drain, leading from a single inlet, placed in an open
space, such as a back -yard, though desirable, it is less necessary and may be
omitted without serious danger.
R. Any direct communication between the interior of the house and the
house-drain should be avoided. Pipes carrying water from baths or sinks,
within the dwelling, should therefore deliver their effluent above trapped
gulleys, in the open air. The effluent from bathis or sinks, on upper storeys
should, whenever practicable, be received by open-topped pipes, delivering
freely above trapped gulleys at or a little below the growd-level. If, as in
the case of water -closets, a direct communication has to be made between a
fitting insiile the liouse and the drain, then there must be complete ventilation
by means of a pipe carried up outside and to the top of the building.
BYE - LAWS.
1. Any owner or occupier of private premises about to construct any new Notices.
drain , shall give at least seven days' previous written notice of such intention
to the board, and such notice shall be delivered at the office of the board , in
a form of which printed blank copies may be obtained gratis in English and
Chinese on application at the office of the board , or in the case of the villages
—at any Village Police Station, between the hours of 10 A.M. and 4 P.M.
2. Every such notice shall specify the name of the street, the number of notices
Nature, of
the lot and the number of the house if any, which it is intended to drain and
shall be accompanied by a plan in duplicate of the premises drawn on a scale
of not less than twenty feet to the inch, and such plan must show the whole
of the new drains with their proposed sizes figured thereon, and a section or
sections showing the proposedl falls or inclination and drawn to the same scale
and to a vertical scale of not less than ten feet to the inch . The plan must
also show the position and course of all proposed surface gutters.
Except that in case of suburban lots which cannot be conveniently included
within a plan of ordinary dimensions, when the lot and the out-fall drain may
be shown on a scale of not less than one hundred feet to the inch .
3. Within seven days after receipt of the notice, the sanitary surveyor Approval of
shall, by means of a written communication, in English or Chinese as may be pans,& c.
necessary , inform the person who has given the said notice whether his designs
and proposed mode of construction are approved or disapproved, and in case
of disapproval such modifications or improvements as may be requisite in order
to comply with the provisions of Ordinance No. 24 of 1887 and of any bye
laws made thereunder shall be indicated in detail to such person by the
sanitary surveyor, and it shall not be lawful for such person to commence the
new drains until the approval thereto of the sanitary surveyor shall have been
previously obtained by him , and in the case of such approval one copy of the
deposited plan shall be returned to him , and the remaining copy shall remain
filed in the office of the sanitary surveyor.
NOTE.— The approval of plans conveyed by the sanitary surveyor under this bye-law
certifies simply to the fact that the plans are in accorlance with the Public Health Ordi
nance and with the bye- laws made thereunder but signifies no approval of the sufficiency
or otherwise of the plan and throws no responsibility on the board.
4. Any person carrying out excavations for new drainage works on any Lighting excava
premises contiguous to a public thoonghfare whereby the safety of the public tions, & c.
may be jeopardized, shall light such excavations by means of a lantern or
1002 [ 24 of 1887. ] PUBLIC HEALTH .
lanterns kept lighted through the night, and he shall further provide watch
men , erect hoardings and otherwise take such precautions as may be necessary
for securing the safety of the public and the protection of adjoining properties.
Materials and
jointing. 5. House - ulrains shall be made of impervious materials with smooth internal
surfaces, such as well glazed earthen -ware pipes or cast-iron pipes protected
against rust or corrosion by suitable asphaltic coating. The drains shall be
so constructed as to be water or air -tight. In jointing pipes with cement,
tarred -hemp shall be caulked into the joint before the cement is applied, and
care shall be taken that no cement or other jointing material projects from
the joints into the interior of the pipes ; and any such projecting material or
other irregularities in the bore of the drain shall be carefully removed.
6. Ilouse-drains shall be firmly bedded in selected material free from large
stones and well rammed into place.
Materials, stone 7. All stoneware pipes shall be well glazed and free from cracks and
ware pipes .
flaws and shall have a thickness of not less than one twelfth of their diameter.
Materials ,
disconnecting
8. Disconnecting chambers shall be red brick manholes fitted with stone
chambers . ware traps and ventilating grates of iron or stone .
Materials, lime 9. Lime mortar used for the building of manholes shall be composed of
mortar.
three parts of sand or red earth and one part of good lime.
Materials, lime
concrete . 10. Lime concrete used for encasing new drains shall be composed of four
parts of good sound clean stone, broken to half inch cubes, two parts of red
earth and one part of lime thoroughly well mixed and well rammed into
place.
Materials,
cement mortar ,
11. Cement mortar used for the jointing of pipes or any other work shall
be mixed in the proportions of three parts of clean sharp sand and one part
of good Portland cement and used fresh .
Size of drains. 12. No main house -drain shall be less than six inches in clear internal
diameter.
Size of drains.
13. Subject to the limitation mentioned in the preceding bye -law, no main
house-urain shall be larger than is necessary in the opinion of the board to
carry off the sewage of the dwelling, or the sewage with the rain -water,
which , under conditions hereinafter specified in bye -laws Nos. 38, 39, 40
and 41 shall be admitted to the house - drain .
Fall to drains.
14. Every house -drain shall have the maximum fall throughout its length ,
that the relative levels of the public sewer and of the most remote inlet, will
admit of.
Provided always
(a) That the maximum available fall does not exceed one in thirty (or
4 inches in 10 feet .) If it does, then the part of the drain , more
remote from the public sewer, may be laid with a fall of one in
thirty ; and the remainder, with such greater fall as may be
necessary to connect with the public sewer.
(6) That the excavation , necessary to obtain the maximum available
fall, is not of such a pature as to endanger the stability of the
adjoining or neighbouring property.
In these and similar cases the gradient may be reduced subject to the
approval of the board .
Fall to drains. 15. Whenever a reduction of fall, (below the standard grade 1 in 30 ) is
necessary or permissible, it shall, wherever practicable, be made in the portion
of the drain , nearest to the outlet, rather than in the part nearest to the inlet
and in the main trunk of the drain ,, rather than in the branches.
NOTE . - The available fall in a house-crain, 100 feet long, is 2' 6" or one in forty. It
will be better to make the first thirty feet from the inlet, with a fall of 1 foot, or 1 in 30 ;
and the remaining length of 70 feet with a fall of 1 in 16.66 , than to give an uniform fall
throughout.
wobstruction
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PUBLIC HEALTH . 1003
[ 24 of 1887. ]
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16. Whenever the ſgradient of any portion of aa drain is less than one in Fall to drains
thirty, the Sanitary Board may in its discretion require an automatic flush and flush .
tank or any other suitable contrivance for attaining an effective flush to
be used .
17. All changes of direction in house -drains shall be made by means of Change of
properly curved pipes or by half channels in manlioles and between the direction .
points at which any change of direction occurs all house -drains shall be laid
in straight lines and regular grades from point to point.
NOTE.— (Inasmuch as changes of direction are the points at which ohstructions most
frequently occur, and for the purpose of removing obstructions generally, house-holders
will do well to provide, at each change of direction, a manhole, giving access to the
drain. For this purpose the manhole should be made 3' 0" X 1 6' to the surface or to a
depth of five feet above the drain. Beyond this depth the manhole may be narrowed to
16" X 16 "). But such manhole should not be found in cook -houses or in places where
they may be opened and used as receptacles for the disposal of solid rubbish ,
1004 [24 OF 1887. ] PUBLIC HEALTH .
Drains under
buildings, &c.
18. No drain shall be so constructed as to pass under any building except
when any other mode of construction is impracticable. Any drain passing
under a building shall, whenever possible, be laid in one straight line for the
whole distance beneath such building, and shall be imbedded and incased
throughout its entire length in four inches of good concrete.
Whenever a drain traverses soft or yielding ground, or where water may
make its appearance in the trench , the drain shall be surrounded throughout
its entire length with four inches of good concrete.
The stones composing the matrix of the concrete in both cases shall be of
a size to pass through a half-inch ring.
Inlets.
19. No new drain shall be constructed in such manner as to allow any
inlet to such drain to be placed inside any building on such premises.
Size of openings
in gratings. 20. The aggregate area of the openings in any grating fixed on inlets to
waste- pipes from baths or sinks shall not be less than four square inches and
the waste -pipe shall not have a less internal diameter than 19 inches.
NOTE. -The object of this is to secure an efficient flush.
Traps. 21. Traps or gulleys for the removal of rain -water shall be provided with
gratings having the nett area of the openings not less than twice the area of
the trap or pipe. Such gratings shall be sunk to a depth of at least one inch
below the surrounding pavement, with a slope round them equal to half the
width of the grating.
NOTE . — It is not sufficient to provide pipes of ample diameter there must be openings
of sufficient size to admit the rain to them .
Traps. 22. Traps at the inlets to drains shall be placed so that the water-level
in them is not less than one foot below the ground, and such trap shall be
placed as low down as the level of the house-drain or branch will permit of ;
provided that the depth be not more than two feet.
Traps. 23. Traps shall have not less than two inches of water seal and shall be
securely fixed to the drain . All stoneware traps shall be surrounded with a
thickness of four inches of lime concrete .
Form of traps . 24. No person shall construct or fix in connexion with any new drain or
waste- pipe the form of trap of the kind known as the bell-trap or any trap of
the kind known as the D trap and all traps connected with any private drains
shall be properly set in cement mortar to the satisfaction of the board .
Note . — Bell -traps and D traps from their form give rise to deposit of filth difficult to
remove by flushing.
Ventilation .
25. Every main house-drain, wherever practicable, shall be ventilated at
its upper end by an opening, in free communication with the outer air. This
opening shall be placed in such a position , as to render any emanations from
it as little obnoxious as possible.
NOTE.-(This is, in most cases , to be done by carrying up a well-jointed pipe, not less
than four inches in clear internal diameter, to some point, above the eaves of the building,
which is not in close proximity to any window or chimney. In the case of rural or
suburban tenements, the ventilating opening may be provided on any eminence, or open
space at a distance from the dwelling; the ventilating pipe and opening, in this case,
being not less than four inches in internal diameter.)
Ventilation . 26. Every main house -drain shall have a ventilating opening near to its
lower end and no trap or other obstruction to the free circulation of air shall
exist between this opening and the one described in the preceding bye - law .
If there be a trap between the house-drain and the public sewer, then an
opening shall be made on the house -side of the trap, and the said opening shall
be so arranged as to give access to the trap for inspection, cleansing or
repair.
If there be no trap between the public sewer and the house -drain no special
opening need be provided at the lower end .
PUBLIC HEALTH . [ 24 of 1887. ] 1005
27. Drains leading from a single trap and not being more than sixty feet Ventilation.
long, need not be provided with an elevated ventilating opening at their upper
end but if this be omitted , they shall be provided with a trap, disconnecting
them from the public sewer, and shall have a ventilating opening at the lower
end on the house -side of the trap.
28. Ventilating and fall pipes of stone vare shall be securely fixed to the pipes.
Ventilating
exterior surfaces of walls with wrought iron bands fitted round the pipe and
made fast to the wall with two wrought iron spikes not less than four inches
in length. Metal pipes shall also be fixed as above or shall have two ears
fixed to them and secured to the wall with two wrought iron spikes, not less
than four inches long.
29. Down-pipes, conveying rain -water from roofs, shall be constructed of Down-pipes.
cast or welded wrought-iron, and when the down -pipe discharges into the
house-drain it shall be completely disconnected therefrom , as described in
bye-law No. 31 and fitted with a bend, shoe or pedestal pipe. Wherever
practicable, the rain -water down -pipes on the street side of buildings, shall be
carried under the footpath and discharge into the side -channel.
NOTE.-- It is most important that such pipes should be completely disconnected from
the sewers so that they cannot by any possibility serve as conduits for conducting sewer
air up and into the dwelling.
30. Waste -pipes from baths, sinks and other similar appliances, on the Waste -pipes.
upper floors of buildings shall be of cast-iron socketted pipes or wrought-iron
welded -pipes with screwed joints coated with bituminous composition, or in
the case of wrought-iron , galvanised ; or of well glazed stone-ware socketted
pipes, or other approveil materials, securely fixed outside the wall, and
provided , at each point of connection, with aa suitable heail, and at their lower
extremity with aa bend, shoe or pedestal pipe. All joints of stoneware pipes
to be made in the manner provided for in bye-law 5.
Note. — Zinc, tin -plate, rivetted or lap -jointed sheet- iron will not be approved.
31. Waste-pipes, as well as down-pipes from roofs, shall not be connected Waste -pipes.
direct with any drain but shall discharge in the open air near to or over a trap
and they shall be bronght down to within one foot or less from the ground.
32. No rain water -pipe from the roof of a building shall be used as a Rain -water
ventilating shaft to any drain which communicates or is designed to communi- pipes.
cate with a public sewer.
NOTE :-Rain water-pipes terminate at the caves of the house a point not high enough
above windows to be a safe ventilating outlet.
33. Any person who may have laid any new drain or constructed new Covering
drains , up
drainage works connected therewith shall not cover up such drain or works
until the same shall have been previously inspected and passed by the board,
and such person shall give three clear days' written notice to the board that
such drain or works are ready for inspection, and such notice shall be delivered
at the office of the board in a form of which printed blank copies may be
obtained gratis in English and Chinese on application at the office of the
board, or in the case of villages - at any Village Police Station , between the
hours of 10 A.M. and 4 P.M.
34. Before any drain is covered in , it shall be inspected an :] tested to Inspection of
ascertain whether it is water or air -tight; and no drain that fails in this drains.
respect shall be passed . After inspection, the earth shall be carefully filled
in , above and around the drain ; and thoroughly rammed and consolidated.
For a depth of at least six inches, above the summit of the sockets of the
pipe, selected material, free from stones larger than will pass through a 2 "
ring, shall be used in filling in the trench.
1006 [ 24 of 1887. ) PUBLIC HEALTH .
Floors of cook
houses, &c.
35. The floors of cook -houses, stables, cow -sheds and the like, where
practicable shall be elevated above the ground outside the dwelling, and be
provided with surface channels, passing out through the wall, and delivering
above a trapped -gulley, outside. When new drains are being laid and where
the floor is at the level of the ground outside, the surface -channel of the cook
house, shall be connected to a trap, outside the house, by a straight open pipe,
terminating above the water-level of the trap, which shall be accessible and
in free communication with the air.
Floors of cook
houses, & c.
36. The floors of cook - houses, latrines, privies and back-yards shall be paved
with some impervions and durable material, such as granite setts, or vitrified
bricks, laid on a bed of good concrete not less than four inches thick , and
pointed with good mortar, or with good concrete laid in аa bed not less than six
inches thick and rendered with cement, and shall have a fall from the walls
to the outlet of at least a , inch to the foot.
Fall of yards, & c. 37. All surfaces of back -yards and paved areas of premises wherever
practicable shall have a fall, from the walls of the building towards the trap
or inlet of the drain, at the rate of not less than £ an inch to 1 foot, and such
inlet shall be placed as far from the walls as practicable.
Openings into
drains in yards, 38. Open surfaces such as back -yards, court-yards or other spaces , on
& c. which slops are thrown, or from which foul waters flow, shall be provided
with trapped connections to the house-drains, for the removal of such waters,
as well as some of the rain-water. But such surfaces shall be properly paved ,
in the manner prescribed for back-yards and cook -houses, so that no sand or
silt may be washed into the drains from them .
Surface
channels , 39. Wherever an outlet is available, surface channels shall be provided to
carry excessive rain -fall from premises and these channels shall be properly
connected with the storm-water channel, in the street. Traps not less than
4 inches in diameter in connection with the house -drain shall be placed in
this surface-channel, which will carry off slops or sewage, as well as some
rain - fall.
Diversion of
rain -water. 40. Rain -water shall be diverted from house -drains by means of surface
channels or otherwise to the fullest extent practicable.
Admission of
rain -water . 41. The rain -water from roofs, which slope towards enclosed court-yards,
or back -yards, may , if diversion to the surface channel is impracticable, be
received into the house- drain. But no ventilating pipe shall be used for the
conveyance of rain-water from the roof.
Sub - soil drairg.
42. No person shall, where it can possibly be aroided , lay any pipe for
conveying sub -soil drainage in such manner or in such position as to com
municate direct with any sewer, cess- pool or drain used for the conveyance
or reception of sewage.
NOTE.-It is important to exclude sewage tainted air from the sub-soil. The connec
tion of sub -soil drains to sewers eren if a trap is used is objectionable, because in dry
weather the flow of the drain may cease and the water or the trap may dry up and leare
a free communication between the sewer and the sub -soil drain . The object of sub - soil
drainage is not only the removal of water, but the aeration of the sub -soil. The mouths
of such drains therefore should be so placed that pure air can enter freely, a condition
incompatible with direct connection with sewers or house-drains.
New drains and
cess - pools. 43. In every case where the course of a new drain shall be diverted, any
cesspool previously existing and into which such new drain may have
previously emptied, shall be cleansed , deodorized and filled with clean earth .
New drains.
44. All new drains or drainage works, shall be built and carried out in all
respects in accordance with the provisions of Ordinance No. 24 of 1887 and
of these bye-laws and of any that may be made hereafter and if no written
notice as provided in bye -law No. 1 shall have been given to the board by
any person about to construct, reconstruct, alter or amend any new drain on
PUBLIC HEALTII. [ 24 of 1887. ] 1007
his premises, and if by such default the board shall have had no opportunity of
inspecting and approving or disapproving of new drains actually built and
already covered in, it shall be lawful for the board on discovering the
existence of such new drains or works to call upon the owner to open and
uncover the same for the purpose of inspection and should such new drains
or works prove upon inspection to be defective either in respect of design,
workmanship or materials they shall be deemed a nuisance and dealt with as
such .
45. All works connected with the construction of new drains and drain- Carrying
works, out of
connections shall be carried out in strict accordance with the plans and sections
previously submitted to and approved by the board, or with such amendments
to such plans and sections as may have been required by the board, and such
works shall be carried out in a proper and workmanlike manner with the
best materials of their respective kinds and shall be subject during their
progress to the continuous control and supervision of the officers of the board
appointed in that behalf and shall be completed to the entire satisfaction of
the board .
46. These bye -laws shall come into force on and after the 1st day of
January, 1891 , and the bye-laws dated the 17th day of November, 1888 , and
published in the Government Gazette of the 24th November, 1888, are hereby
repealed as from the 1st day of January, 1891.
Bye -laws made by the Sanitary Board, under s. 13, sub-s. 5 and approved
by the Legislative Council 16th February, 1891,
( Gazette 21st February , 1891. )
LATRINE .
1. Every public latrine together with its fittings shall be kept at all times
in a thorough state of repair.
2. Every public latrine shall be kept, at all times, in a cleanly condition .
3. While open to the public, every latrine shall have at least one able
bodied adult attendant constantly on duty therein .
4. All the partitions, seats, floors and channels of every public latrine as
well as all utensils therein, shall be thoroughly scrubbed at least once every
day with such detergent and deodorant of such a strength as the boarul may
from time to time approve .
5. The whole of the interior walls of every public latrine shall be lime
washed and any fittings made of wood shall be tarred at least once every
lunar month .
6. Fumigants of such description as may be approved of by the board shall
be kept burning in every latrine while it is open to the public.
7. The contents of soil pans in public latrines shall be kept covered with
either earth , saw- dust, opium -packing or such other suitable material as the
board may approve of.
8. The soil and urine collected in public latrines shall be removed there
from daily by the public conservancy contractor as provided for by the terms
and conditions of his contract.
9. Every latrine open to the public before sunrise or after sunset shall be
at such times adequately lighted .
10. Any building used as a public latrine shall not be used as a dwelling.
1008 [ 24 of 1887. ] PUBLIC HEALTH ,
Gorernment Notification of the 2nd May, 1891 , gazetted the same date.
Notice is hereby given that the Governor in Council has selected and ap
pointed the sites hereinafter described as cemeteries or places of burial for
Chinese, under the provisions of Ordinance 24 of 1887, namely :
KAULUNG .
Situated on the north side of the road from Yaumáti to the village of
Matían wai,,and near this village and within a short distance of the limits of
British territory. The site is av irregular figure bounded by Government
ground, measuring on the north, 520 feet ; south , 300 feet ; east, 290 feet ;
west, 520 feet.
SHAUKIWÁN .
Situated at Shaukiwán bounded on the north by a line of boundary stones,
on the west by a nullals, and on the cast and south by the shore of Sywan
Bay. The limits have been marked out by boundary stones.
SHEKO .
Situated about 4 of a mile to the north -east of the northern portion of the
village of Shekò ; borilere l by the cliff facing the sea on the east, and on the
three other sides by Government ground, measuring on the north , 550 feet ;
south , 500 feet ; east, 310 feet ; west , 300 feet.
STANLEY.
Situated about of a mile to the south -cast from the Stanley Barracks ;
bordered on the south -east by Tytam Bay on the north -west, east and west
sides by Government ground, and measuring on the north -west, 430 feet ;
south -east, 520 feet ; east, 560 feet ; west, 500 feet.
ABERDEEN .
Situated on the promontory } mile to the south - east of the village of Aber
deen, and bordered on the southern side by the Aberdeen channel, and on the
north, east and west by Government ground, measuring on the north , 1,200
feet ; cast, 300 feet ; west, 350 feet .
MOUNT DAVIS .
Situated on the west side of the Pokfulam Road and about one mile to the
north -west of the village of Pokfulam , bordered on the north by Goverument
ground , the boundary line being marked by granite posts, on the south -west
by the Chinese Christian burial ground. Inland lot 899, on the east by the
Pokfulam Road, and west by cliff facing the sea , measuring on the north,
4,800 feet ; south -west, 3,500 feet ; west , 5,100 feet.
CAROLINE HILL .
Sitnated on the south side of the Caroline Hill Road and to the south of
Caroline Hill, bordered on the north by a Public Road, and on the south , east
and west by Government ground,and measuring on the north , 100 feet ; south,
612 feet ; cast, 1,275 feet; west, 1,100 feet.
PUBLIC HEALTH . [ 24 of 1887. ] 1009
Bye-laws for licensing and regulating common lodging-houses made by the
Sanitary Board, under sub -section 12 of section 13 of Ordinance
No. 24 of 1887, and sub - section D of section 1 of Ordi
nance No. 26 of 1890, and approred by the Legis
lative Council the 22nd May , 1891 .
( Gazette 23rd May, 1891. )
1. A register of all common lodging -houses shall be kept by the Registrar Register.
General in the form of schedule A appended to these bye -laws.
2. Before a house can be registered as a common lodging -house, an Registration
application must be made to the Registrar General in the form of the sche- ofhouses.
dule B hereunto appended, setting forth the situation of the house, the
number of the rooms to be set apart for lodgers and the cubic capacity of
each room so set apart, and for this purpose the schedule or form will be
furnished by the Registrar General.
3. The Registrar General shall transmit each application for the registra Do ,
tion of a house as a common lodging -house to the Sanitary board, and the
board shall then cause the house specified in such application to be inspected
by one or more of its officers who shall submit a report to the board on the
sanitary condition of such house, and its suitability for use as a common
lodging -house.
4. Any house to be registered as a common lodging -house must be sub Do.
stantially built and in a good state of repair, the floors must be paved with
tiles or cement concrete or with lime concrete rendered with one inch of
Portland cement or boarded with planks close jointed , and all the rooms
which are to be used as sleeping rooms must be on all sides above the level
of the ground immediately surrounding the house. The house-drains must
be in good order and constructed in accordance with the bye-laws regulating
house drainage, there must be adequate kitchen , ablution , privy, urinal and
ash -bin accommodation to the satisfaction of the Sanitary Board ; and unless
when the supply of water is constant, there must be a proper cistern for the
storage of water.
5. When the Sanitary Board is satisfied that a house sought to be regis- Registration of
tered as a common lodging-house is suitable for such a purpose, it shall houses.
inform the Registrar General accordingly who may then register such house
as a common lodging -house,
6. Before any person can be licensed as a keeper of a common lodging- Licensing of
house, an application must be made to the Registrar General and such keepers .
application must be accompanied by a certificate of character from one or
more house -holders — to be approved of by the Registrar General,—who shall
give security for the carrying out of the regulations by the licensed keeper.
7. When the Registrar General is satisfied with the character of an Do.
applicant for a licence to keep a common lodging-house he may issue a licence
to such applicant accordingly.
8. The keeper of a common lodging-house shall reduce the number of False application
lodgers in any room of his common lodging-house upon receiving notice in for registration
writing from the Sanitary Board stating the cause for making such reduction ,
and the period for which it shall continue in force.
1010 [ 24 of 1887. ] PUBLIC HEALTH .
Affixing sign
boards, & c .
9. The keeper of a common lodging -house shall affix and keep in a con
spicuous position on the outside of his common lodging-house a board having
painted on it in English and Chinese in legible white letters and characters
not less than two inches long, on a black ground, the words “ Registered
Lodging-House. " He shall also aflix and keep in a conspicuous place in
cach room , a board having painted on it in English and Chinese the number
of persons the room is registered to accommodate.
Separation of
sexes .
10. The keeper of a common lodging -house shall not permit males and
females above ten years of age respectively to occupy the same sleeping
apartment except in the cases of husband and wife, and parents and children,
and he shall not allow any person to occupy his house for immoral purposes.
Good order.
11. The keeper of a common lodging -house sball not knowingly permit
persons of bad character to lodge in his house and he shall maintain and
enforce good order and decorum therein ; and he shall also keep a register of
the name, occupation and native place of each lodger.
Ventilation .
12. The keeper of a comnion lodging -house shall cause the windows of
each of the sleeping rooms to be kept open to their full width for at least
four hours each day, unless prevented by inclement weather or by the illness
of any person occupying any of the rooms.
Cleansing and
lime washing
13. The keeper of a common lodging -house shall cause the internal walls
and ceilings of every part of his house to be thoroughly cleansed and lime
washed during the sixth and twelfth months of the Chinese year.
Cleanliness, & c . 14. The keeper of a common lodging - house shall at all times keep his
premises in a clean and wholesome condition, and the fittings of the sleeping
rooms shall be maintained by him in a thorough state of repair. He shall
cause every room , passage and stair to be thoroughly swept at least once a
day.
Do.
15. The keeper of a common lodging -house shall cause all filth and house
refuse or other offensive matter to be removed from his premises daily.
Infectious
contagious, and
16. If any person in a common lodging -house becomes ill from any infec
cominunicable tious, contagious, or communicable disease, the keeper of such common
diseases.
lodging-house shall forth with give notice thereof to the Inspector of Nuisances
in whose district the lodging-house is situated , or to the nearest Police Station
or to the Registrar General, and the keeper of such common lodging -house
shall cause the house to be vacated and shall allow the bedding, clothing, and
other articles used by the infected person to be destroyed or disinfected and
the house to be fumigated, disinfected and lime-washed, at the public expense,
in such manner as the Sanitary Board may direct. !
17. These bye-laws will come into force on and after the 1st day of
August, 1892.
* As amended by Bye-law approved by the Legislative Council on the
9th November, 1891 . Gazette 14th of the same month .
Schedule
A.
Common
Lodging
HRegister
ofouse
.-Form
Situatio
Lodgin
of Maximum
No.
gn No.
of of
Signature
Register of
No. No.
of Nature
of of
Lodgers Name
of
Date
. House
Street
and Sleeping Water Registering
.
Number Number .Kitchens Closets
. Supply
. which
can
be Keepers
.
thereof
. .rooms Office
. r
received
.
PUBLIC HEALTH .
( 24 OF 1887. ]
1011
1012 [ 24 of 1887. ) PUBLIC HEALTH.
Schedule B.
Application for a house to be registered as a Common Lodging - House.
I, the undersigned , hereby make application to have the undermentioned
premises registered as a commou lodging -house, under Ordinance No. 24 of
1887 .
Signature of Applicant,
Address,
Hongkong, 189
Situation of premises sought to be registered as a
Common Lodging House ,
The number of floors to be used as a Common
Lodging House, .......
The numher of rooms set apart for Lodgers,
Cubic capacity of Room No. 1,....... .... cubic feet .
Do. do . No. 2 , do.
Do. do . No. 3 ,.... do .
Do. do. No. 4 , do.
Do. do . No. 5, ..... do .
Do. do . No. 6, ......... do.
To the Registrar General.
Bye-laws made by the Sanitary Board under sub-section 18 of section 13
of Ordinance No. 24 of 1887, as amended by Ordinance No. 12 of
1891, and approved by the Legislative Council, the 15th
October, 1891. ( Gazette 24th October, 1891.)
CEMETERIES OTHER THAN PUBLIC CHINESE CEMETERIES.
1. Each grave shall bear a number.
2. A register shall be kept by the person or persons in charge of each
cemetery, at or near each cemetery and the date of burial, name, sex , age and
registered cause of death of each person shall be entered therein against the
number of the grave in which the corpse is interred .
3. Each grave shall be dug to at least a depth of seren feet throughout.
4. Except as regards the corpses of children under five years of age, only
one corpse shall be placed in one grave. In the case of the corpses of children
under five years of age two corpses may be placed in one grave.
5. The interspace between any two graves at any point shall be at least
18 inches.
6. Each grave on being filled in shall be properly covered with turf or
chunam or such other material as may be approved of by the board ,
PUBLIC CHINESE CEMETERIES,
1. Each cemetery shall be laid out in sections of such size and arranged in
such manner as may be directed by the board .
2. A plan of the cemetery or a tracing thereof as laid out shall be on view
at or near to the cemetery and the offices of the board.
PUBLIC HEALTH . [ 24 of 1887. ) 1013
DEFENCES SKETCHING PREVENTION . 2 OF 1888.]
3. The plan shall show the position of each grave -space in each section
and every such grave -space shall bear a number.
4. A register shall be kept in the English and Chinese languages at or
near each cemetery and the date of burial, name, sex, age and registered
cause of death of each person shall be entered therein against the number of
the grave in which the corpse is interred .
5. Except as regards the corpses of children under five years of age , only
one corpse shall be placed in one grave. In the case of the corpses of children
under five years of age two corpses may be placed in one grave.
6. Each grave on being filled in shall be covered with turf, chunam or
such other material as may be approved of by the board .
7. The following fees will be charged for each grave-space and interments
in the various sections of the cemeteries.
Section A. free. Fifty cents for digging, filling in and covering cach grave.
B. $ 1 . A dollar do. do.
C. $ 2 . Do. do. do .
D. $ 10. Do. do. do .
E. $ 15. Do. do. do.
8. These bye-laws will come into force on and after the 1st day of January ,
1892 .
No. 2 OF 1888.
An Ordinance entitled The Defences Sketching Prevention
Ordinance, 1888,
[ 14th February, 1888. ]
***
1. From and after the passing of this ordinance it shall not Sketching of
be lawful for any person whether a British subject or alien, to batteries, &c.
make any sketch, drawing, photograph, picture, or printing of
any portion whatsoever of any battery , field -work , or fortifi
cation, or of any portion thereofwithin tlie Colony of Hongkong
or the waters thereof without having previously obtained the
permission in writing of the Governor. Such permission shall
clearly and expressly state the nature of the sketches, drawings,
photographs, or paintings which may be made by the person
to whom such permission is given, and the place orplaces of
which such sketches , drawings, photographs, or paintings may
be made.
2. Any person offending against the provisions of this Penalty.
ordinance shall be liable on summary conviction by a Magistrate
to a penalty not exceeding Five hundred dollars or at the
discretion of the Magistrate to imprisonment with or without
hard labour for any period not exceeding three calendar months;
and all such sketches, drawings, photographs, and paintings
shall , at the discretion of the Magistrate, be liable to forfeiture.
1014 2 OF 1888. DEFENCES SKETCHING PREVENTION.
4 OF 1888. ] VERANDAH .
Possession of 3. Any person found in the immediate vicinity of any battery
sketching
materials , &c. , or field -work in Hongkong and with sketching, drawing,
with intent." photographic, or painting materials or apparatus in his posses
sion, with the intention of evading the provisions of this
ordinance, shall be liable upon summary conviction by a Magis
trate to a penalty not exceeding One hundred and twenty -five
dollars and in default of payment to imprisonment with or
without hard labour for any period not exceeding one month.
No. 4 OF 1888.
An Ordinance for prohibiting the Enclosure of Ve
randahs erected over Crown Lands.
[ 14th February, 1888. ]
* *
Verandalis 1. From and after the passing of this ordinance it shall not
not to be
enclosed . be lawful to erect any partition in , or enclose , or partially
enclose, any portion of any verandah now erected, or which may
hereafter be erected , on Crown Land , nor to make use of any
such verandah, or any part thereof, as a bath -room , urinal,
water-closet, sleeping apartment, storeroom , or cook -room , nor
to allow rain or other water to be projected therefrom .
Existing 2. On the passing of this ordinance all partitions in, and
in verandah.s" enclosures of any portion of any verandah erected on or over
to beremoved. Crown Land shall be removed, and the Surveyor General shall,
in all cases where such partitions and enclosures are not removed ,
give written notice to the owner or occupier of the house or
part of the house to which the verandah is attached requiring
him, to the Surveyor General's satisfaction , to remove all such
partitions and enclosures except bamboo blinds capable of being
rolled up ( within a specified and reasonable time), and in case
the said owner or occupier shall not obey or comply with the
said notice he shall be liable upon summary conviction to a fine
not exceeding $ 100 , and to a further fine not exceeding $20
per day so long as the said notice is not complied with .
Penalty. 3. Any person contravening or disobeying the provisions of
section 1 of this ordinance shall be liable upon summary con
viction before a Magistrate to a fine not exceeding $ 50 for the
first offence, and to a fine not exceeding $ 200 for the second
and any subsequent offence.
Admiralty
and War
4. This ordinance shall not apply to buildings occupied by
Department the Admiralty or War Department.
OFFICIAL SIGNATURES FEES . [ 5 OF
of 1888. ) 1015
REGISTRATION OF BOOKS . [ 10 of 1888. )
No. 5 OF 1888 .
An Ordinance entitled The Official Signatures Fees Ordi
nance ,, 1888 .
[ 14th February, 1888. ]
*
1. On and from the passing of this ordinance the following toTable of fees
be levied
fees shall be levied and paid into the Treasury. on signature
of Governor
1. For the signature of the Governor, ..... .... $ 5. and Colonial
Secretary.
2. For the signature of the Colonial Secretary,... $ 2.
* * ***
No. 10 OF 1888.
An Ordinance to provide for the preservation of copies
of Books printed in Hongkong, and for the registration
of such Books.
[ 15th February, 1888. ]
HEREAS it is expedient to provide for the preservation
WHE of three copies of every book printed or lithographed
in Hongkong, and for the registration of such books:
1. In this ordinance, unless the context otherwise requires, tion
Interpreta
.
the term book includes every volume, part or division of a
volume and pamphlet in any language,, and every sheet of music,
map, chart or plan separately printed or lithographed, but shalí
not include any publication which consists merely of a price
list, sale catalogue, annual report , trade circular or trale
advertisement.
2. Three printed or lithographed copies of the whole of every Three copies
to be to
book which shall be printed or lithographed in this Colony delivered
after this ordinance shall come into force, together with all Government
maps, prints or other engravings belonging thereto, finished officer.
and coloured in the same manner as the best copies of the same
shall be produced , and also of any second or subsequent edition
which shall be so produced, with any alditions or alterations
whether the same shall be in letter- press or in the maps, prints
or other engravings belonging thereto and whether the first
1016 REGISTRATION OF BOOKS .
[ 10 OF 1888. ]
edition of such book shall have been produced before or after
this ordinance shall come into force, shall, within one calendar
month after the day in which any such books shall first be
delivered out of the press, and notwithstanding any agreement
( if the book be published ) between the printer and the publisher
thereof, be delivered free of any charge, claim or demand
whatsoever by the printer, bound, sewed, or stitched together,
and upon the best paper on which the same shall be printed or
lithographed, at such place and to such officer as the Governor,
with the advice of the Executive Council, shall, by notification
in the Government Gazette, from time to time direct. The
Publisher to publisher or other person employing the printer shall, at a
supply printer reasonable time before the expiration of the said month, supply
&c.
such printer with all maps, prints and engravings, finished and
coloured as aforesaid , which may be necessary to enable him to
comply with the requirements aforesaid .
Receipt for 3. The officer appointed as above shall thereupon give a
copies.
receipt in writing for the copies so received.
Disposal of
the three
4. One of such copies shall be transmitted to the Secretary
copies. of State for the Colonies, another copy shall be disposed of as
the Governor, with the advice of the Executive Council, shall
from time to time, by general or special order, direct, and the
remaining copy shall, after a memorandum containing the
particulars bereinafter mentioned respecting the book shall have
been registered as hereinafter provided be deposited in such
public library, or be otherwise disposed of, as the Governor
shall from time to time determine.
Registration
of memoranda
5. There shall be kept at such office, and by such officer,*
books.
as the Governor with the advice of the Executive Council shall
[* The Renis- appoint in this behalf, a book to be called “ A Catalogue of
trar General, Books” printed in Hongkong wherein shall be registered a
24th March , memorandum of every book which shall have been delivered
1888. ] pursuant to section 2 of this ordinance ; such memorandum
shall (so far as may be practicable) contain the following
particulars (that is to say ):
( 1. ) The title of the book and the contents of the title
page, with a translation into English of such title
and contents, when the same are not in the English
language ;
( 2. ) The language in which the book is written ;
( 3. ) The name of the author, translator, or editor of the
book or any part thereof;
( 4. ) The subject ;
( 5. ) The place of printing and the place of publication ;
( 6. ) The name or firin of the printer, and the name or
firm of the publisher ;
REGISTRATION OF BOOKS. [ 10 of 1888. ] 1017
( 7. ) The date of issue from the press of the publication ;
( 8. ) The number of sheets , leaves or pages ;
( 9. ) The size ;
( 10. ) The first, second, or other number of edition ;
( 11.) The number of copies of which the edition consists ;
( 12. ) Whether the book is printed or lithographed ;
( 13.) The price at which the book is sold to the public ;
and
( 14.) The name and residence of the proprietor of the
copyright or of any portion of such copyright;
such memorandum shall be made and registered in the case of
each book as soon as practicable after the delivery of the copies
thereof in manner aforesaid .
6. The memoranda registered during each quarter in the said memoranda
Publication of
catalogue shall be published in the Government Gazette as soon registered..
as may be after the end of such quarter and a copy of the
memoranda so published shall be sent to the said Secretary of
State for the Colonies.
7. Every printer who neglects to deliver three copies of any Penaltyfor
such book as is referred to in section 2 of this ordinance, or of non-delivery
of books by
any second or subsequent edition of any such book, to the officer printer.
and in the manner herein before prescribed, shall be liable to a
fine not exceeding twenty - five dollars.
8. Every publisher or other person , employing any such Penalty for
printer, who neglects to supply him in manner aforesaid with non-supply of
maps, prints or engravings finished and coloured as aforesaid publisher.
which may be necessary to enable such printer to comply with
the provisions of section 2 shall be liable to a fine not exceeding
twenty - five dollars.
9. All pecuniary penalties imposed under this ordinance may recover
Modes ing
of
be recovered on summary prosecution before a Magistrate. penalties.
10. The Governor with the advice of the Executive Council Governor
Power of in
shall have power to make such rules as may be necessary or Council to
desirable for carrying out the objects of this ordinance and from make rules.
time to time to repeal, alter and add to such rules. All such
rules and all repeals and alterations thereof andadditions thereto
shall be published in the Government Gazette.
11. The Governor with the advice of the Executive Council Power of
Governor in
may by notification in the Government Gazette, exclude any Councilto
class of books from the operation of the whole or any part or exclude any
class of books
parts of this ordinance. from opera
tion of this
ordinance.
12. This ordinance shall come into operation on a day to be ment
Commence
of
proclaimed by the Governor. ordinance ,
[ In force from 2nd April, 1888, by proclamation 24th March, 1888.]
1018 [ 10 of 1888.1 REGISTRATION OF BOOKS .
[ 11 of 1888. ] UNCLAIMED BALANCES .
Gorernment Notification gazetted 24th March , 1888.
It is hereby notified that, pursuant to section 5 of Ordinance 10 of 1888,
the Governor, with the advice of the Executive Council, has been pleased to
direct that there shall be kept at the Registrar General's Office, by the
Registrar General, a book to be called A Catalogue of books printed in
Hongkong, and that copies of books, &c., printed in the Colony shall be
delivered to thesaid Registrar General at his office, as prescribed by section
2 of the said ordinance.
No. 11 OF 1888 ,
[ See No. 7 of An Ordinance entitled The Unclaimed Balances Ordi
1885.]
nance, 1888.
*
[27th February, 1888.]
*
* *
Registrar to 1. On the coming into operation of this ordinance the Re
post up and
publish gistrar of the Supreme Court shall cause to be posted up in
notices, some conspicuous place in the Supreme Court notices in the form
set forth in schedules A. , B. , and C. to this ordinance.
Schedules A. and B. shall remain so posted up for the space
of six months, and schedule C. for the space of one year.
2. The said Registrar shall also cause the said notices to be
published twice in the Government Gazette and for six consecu
tive days in at least one newspaper published daily in this
Colony .
He shall also cause schedule C.to be published in four con
secutive numbers of the London Gazette and for six consecutive
days in the Times newspaper .
He shall also cause a notice in the form set forth in schedule
D. to be published daily for two consecutive weeks in at least
one daily newspaper published in this Colony .
Sums not 3. The sums mentioned in the said schedules or such of them
claimed to
be paid to as shall be unclaimed at the end of the respective periods afore
general
revenue
said shall be transferred to the general revenue of the Colony .
Sections 6 to 4. The provisions of sections 6 to 9 inclusive of the Un
97 ofOrdina nce
1885 to claimed Balances Ordinance, 1885, shall apply to the refund of
apply. any of the above mentioned sums if claimed at any time after
the expiry of the periods mentioned in section 1 .
Sums un 5. Whenever any sum other than the balance of an intestate
claimed
registry to be estate, shall remain five years unclaimed in the Supreme Court,
paid over, it shall be lawful for the Court on the application of the Regis
trar, to order that such sum be paid over to the Treasurer for
UNCLAIMED BALANCES . [ 11 of 1888. ] 1019
transfer to the general revenue of the Colony subject to refund
as provided in the last section . Before making the said order
the said Court may order such notices to be given and to such
parties as the said Court shall hiuk fit.
6. This ordinance and the Unclaimed Balances Ordinance This ordinan.
ce to be read
No. 7 of 1885 shall be read together as one ordinance. with No. 7 of
1885 ,
SCHEDULES .
( A. )
Notice is hereby given that if the sums hereinafter mentioned are not
claimed within six months from this date, they will be transferred to the
general revenue of this Colony.
Supreme Court, Hongkong,
this day of 188 .
Registrar.
SUMMARY COURT DEPOSITS .
November 28th, 1882.
By Speechly v. Webster, .... .. Suit No. 167 of 1877, ... $ 4.22
Chan Yau v. Li Kam, > 988 of 1877, ... 3.48
Poon Lai Sau v. Revena, 236 of 1878 , ... 1.50
Lo U v. S. R. Neate, 1061 of 1877, ... 14.21
» Cheung Kwong v. Yang Cheong ,.... 605 of 1874 , ... 1.32
Chui Pun v . Aitken , 547 of 1878 , ... 9.45
Cheung Kun & another v. Li Ling
Sbing, 881 of 1878, ...
>
4.00
Lee Fat v. Australian S. N. Co. , " 128 of 1879 , ... 14.00
„ Dayoormell v. Bryant, 748 of 1879, ... 16.00
A. F. Smith v. Ho Tai , ...... 910 of 1879, ... 4.34
Rajah Singh v. Abdool Khan, .....
>> 504 of 1879, ... 1.00
Lee Ahmoon v. Low Mun -po, 868 of 1879, ... 16.13
Mak Sew Wan v. Hon Chong, ......... 980 of 1879, ... 8.75
U Kwan Cheong v. Klampermeyer, 240 of 1880 ,... 12.65
Kwan Mi -ho v. W. M. B. Arthur, 471 of 1880, ... 2.40
Fong Wing Shau v. T. I. Bowler , 897 of 1880 , ... 0.25
Chau Leung-fu V. Wong Pun
Sheong, 1056 of 1880 ,... 8.40
95 Yeung- fu r. Norman , 475 of 1881 , ... 3.25
Lam U -lai v. Betts, 589 of 1881 , ... 28.50
„ Chau Wa Hi v. Chung Wing, 99 750 of 1881 , ... 0.20
Suits Nos. 1009 to 1024. Balance of
Sale, 1009 1024 of 1881 , 10.39
Li Chi c. Ng Kam, ....... 189 of 1881 , ... 1.34
M. H. Madar v. Ho Tim, 140 of 1882, ... 25.00
Suit No. 496. Balance of Sale ,....... 496 of 1882, ... 10.50
Utter Singh v. Mahomed , 245 of 1882, ... 1.10
Suit No. 939. Tsang A-choy v. Ho
Kam Moon . Balance of Sale, 939 of 1882, ... 9.23
Chun Kwai v. Dare, of 1882, ... 4.00
December 1st, 1882.
9 Lui Pek-tsz v. Cheung Kan,.........Suit No. 618 ,....... 9.61
Carried forward ,....... . $225,22
1020 ( 11 of 1888. ] UNCLAIMED BALANCES,
Brought forward, . $ 225.22
March 1st, 1883.
By Li Pat Hing v. Leung Yon, .........Suit No. 255,....... 0.99
June 9th , 1883 .
By Wong Iu Chiu v. Yew Luk , ......... Snit No. 649, .. 7.78
Same v . Mau Kow, ...... 656, ... 3.16
June 11th , 1883 .
By Wong Iu Chiu v. Mok Yung ,.........Suit No. 655, ................ 6.92
June 25th , 1883 .
By Wong Yiu Chew v. Tang Wing,...... Suit No. 338 ...... 8.00
July 20th, 1883.
By Wong Yiu Chew v. Lee A-kee....... Suit No. 653........ 4.50
$256.57
( B. )
Notice is hereby given that if the sums hereinafter mentioned are not
claimed within six months from this date, they will be transferred to the
general revenue of this Colony.
Supreme Court, Hongkong,
this day of 188
Registrar.
LIST OF BANKRUPTS ESTATE. 1
LYALL, Still & Co. - Adjudicatel, May 23rd, 1867,
Balance in hand,...... . $ 242.47
Unclaimed dividend due to Russell & Co., 238.34
Do. do . to London & Lancashire In
surance Company, .. 1.55
Balance, 2.58
$ 242.47
VAUCHER & BLAKEWAY. - Adjudicated, September 25th,
1867,
Balance in band, 7.63
Unclaimed dividend due to Rosselet, Dubied, 7.63
VAUCHER & BLAKEWAY . — Consignment Account,
x
Balance ,....... $ 540.87
Bordeau
Unclaimed dividend due to Pouget Fils, 131.21
of
Do. do. C. M. Mitrand , 115.53
.
Do. do . E. Apiau, 6.18
Do. do. Ch . Honssier , 238.79
Do. do . A. Debano,.... 49.16
$ 540.87
Chow TiNG . - Adjudicated, September 19th, 1878,
-
Balance in hand, $ 109.95
Unclaimed dividend due to Cheung Man Hoi , ......... 57.55
( Claims $ 19,390 ). Balance uvdivided ,.... 52.40
$ 109.95
Carried forward,........... $ 900.92
UNCLAIMED BALANCES . [ 11 OF 1888. ] 1021
Brought forward ...... ...... $ 900.92
W. von PUSTAV.-Adjudicated, December 23rd, 1878,
Balance in hand,......... $ 238.22
Unclaimed dividend due to J. J. de Marcaida.......... 79.27
Unclaimed dividend due to Capt. von Trumbach , 18.20
Unclaimed dividend due to W. Dodge & Co., 10.00
Do. do. to P. E. du Bois, 8.93
Do. do , to Leo Jauvet, 63.10
Do. do. to Wedekind & Co., 45.00
Do. do. to Tubrigs Fabriken ,....... 13.72
$ 238.22
WONG Tso LEONG . - Adjudicated, November 24th , 1879,
Balance in hand ,............ $ 350.18
Unclaimed dividend due to Liu Kwai Sin , 12.68
Do. do . to Chan A -kan, 9.33
Do. do . to Ng Shang ,.... 3.60
Do. do . to Lü A -hing, 4.23
Do. do . to Chang Soy , 24.94
Do. do . to Cheang A - fook ,. 1.72
Do. do . to Leong A -pang, 15.20
Do. do. to Tsui Pin Che, 16.77
Do. do . to Chow Kong, 3.69
Do. do. to Sun Chow Yee, ... 6.01
Do. do . to Yip A -kew , .... 2.93
Do. do . to Wong Soi Sow, 6.83
Do. do . to Cheong Kwai, 1.91
Do. do. to Li Kou Chow , 2.81
Do. do . to Yip Tsun, 2.44
Do. do . to Leong A -chai, 27.98
Do. do. to Tai Sani, 28.35
Do. do . to loi Hing, 4.23
Do. do. to Tsang Tsau I, 27.56
$ 203.21
( Claims $ 43,428.91 ). Balance undivided , .. 146.97
$ 350.18
Virgile FAVRE.-Adjudicated , October 14th , 1880 ,
Unclaimed dividend due to H’kong Ice Co.,.......... 0.31
Do. do . to Gas Co.,...... 2.32
Do. do. to Lane, Crawford & Co,, ... 1.63
Do. do . to Nam Hing Loong ,.. 2.04
Do. do . to Yee Kee, 0.83
Do. do. to Sui Kam , 9.92
Do. do . to Vaucher Sæurs,.. 2.78
Balance in hand,........ $ 19.86
$ 1,509.18
VOGEL & Co. - Consignment account, ..... 374.02
Carried forward,.. .. $ 1,883.20
1022 ( 11 OF 1888. ] UNCLAIMED BALANCES .
Brought forward,...... ...$ 1,883.20
Choy SING NAM.—Adjudicated, January 26th , 1882 ,
........
Balance in hand, ......... 50.18
$ 50.18
Claims against the estate amount to $ 41,235,01.
Ho Yık CHI. - Adjudicated, February 16th, 1882 ,
Balance in hand ,...... $ 89.61
Unclaimed dividend due to Chau Kwai, 22.05
Do. do . to Wong Sing Shu , 31.50
Do. ilo. to Leung Lok Ting .. 8.66
Do. do . to Wa On Shop, Canton, 3.78
Do. do . to Wing Cheung Shop,
Canton , 7.87
Do. do. to Lü Fuk Tai, Yaumati, ... 15.75
$ 89.61
VOGEL & KIRCHOFF .-- Adjudicated, February 25th,
1882 ,
Balance in hand , . $ 105.28
Unclaimed dividend due to Nam Hing Loong ,......... 0.25
Unclaimed dividend due to Lai Fong, ... 36.24
( Claims $634,506.84). Balance undivided, 68.79
$ 105.28
Poon Woox alias Poon Ping Shang . - Adjudicated,
June 12th, 1882,
Balance in hand ,..... 4.77
Unclaimed dividend due to Wong Shing, 4.64
Balance, ........ 0.13
4.77
Ho K1. - Adjudicated , February 13th , 1883,
Balance in hand ...... $ 37.62
$ 37.62
No claims filed against the estate.
SHEK HANG CHEN . - Adjudicated , December 22nd ,
1884 ,
Balance in hand ,...... 9.31
Unclaimed dividend due to U On Chau Shop, 9.31
9.31
Total, ....... $ 2,179.97
( C. )
In the matter of the trust estate of Dent & Co.
1. Balance due to Alexander Cowie, Master of the ship or
vessel Au ora , $ 5,879.65
2. Balance due to llenry Mann, Master of the ship or vessel
Waterwitch, 78.15
3. Balance due to J. Gover, 469.19
In the matter of Jacky alius Thomas John Rowland .
Amount to credit of this account, 2,281.57
UNCLAIMED BALANCES . 11 OF 1888 . 1023
VAGRANCY. 12 OF 1888 .
(D. )
Notice is hereby given that if the sums mentioned in schedules A and B
of Ordinance No. of 188 copies of which have been posted up in the
Supreme Court and published in the Government Gazette of the
are not claimed within six months, from the they will be
paid over to the general revenue of the Colony.
The sums mentioned in schedule C. to the said ordinance, a copy of which
has been posted and published, will also be paid over to the Treasury if not
claimed within one year from the said date.
Registry Supreme Court.
Registrar.
No. 12 OF 1888 .
An Ordinance entitled The Vagrancy Ordinance, 1888.
[3rd March, 1888. ]
* *
1. In this ordinance the term Vagrant means any person Interpreta
tion .
other than a Chinese found asking for alms or without any
employment or visible means of subsistence.
Agent of a vessel includes any person who undertakes the
agency of such vessel, though he may not be the consignee
thereof.
2. The Governor may provide a house of detention for Governor
vagrants at such place as hemay think proper, and may appoint may provide
a superintendent and such officers as he may think proper , and detention ;
in the mean
may remove any such superintendent or officers at pleasure. time Victoria
Gaol declared
The Governor may by notification in the Gazette certify any as such.
building or part of a building to be a house of detention for the
purposes ofthis ordinance, and until any such house be provided
the gaol at Victoria may be used as such house for the purpose
of this ordinance .
3. Every house of detention shall be under the immediate Governor to
appoint
charge of a superintendent who shall be appointed, and may be superintend.
suspended or removed by the Governor, and until any other ent. Mean
appointment is made the Superintendent of Victoria Gaol shall tendent
time Superin
of
be the superintendent of the house of detention . Victoria Gaol
to be superin
tendent.
4. Any Police officer may require any person who is appa- Conveyance
rently a vagrant to accompany him or any other Police officer trate
befor,e Magis.
to, and to appear before, a Magistrate.
1024 [ 12 of 1888. ] VAGRANCY .
Magistrate 5. Such Magistrate shall in such case, or in any other case
aperson to be where aа person apparentlya vagrant comes before him , make a
a vagrant. summary enquiry into the circumstances of such apparent
vagrant and if satisfied that he is a vagrant shall declare him
to be such .
Committal to
house of 6. If such Magistrate shall be further of opinion that such
detention . vagrant is not likely to obtain employment at once, or if he has
reason to believe that a declaration of vagrancy has on any
former occasion been recorded in respect of such vagrant , he
shall require such vagrant to go to a house of detention , and
shall draw up an order to that effect.
Power to
detain . 7. The vagrant shall then be placed in charge of the Police
for the purpose of being forwarded to the house of detention
and the said order shall be a sufficient authority to the Police
for retaining him in their charge while he is on his way to the
house of detention and to the superintendent of the house of
detention for receiving and detaining such vagrant.
Magistrate
may forward
8. Where the Magistrate dealing with such vagrant is of
to place of opinion that the vagrant is likely to obtain employment in the
employment. Colony, such Magistrate may in his discretion forward the
vagrant in charge of the Police to the place where such employ
ment is likely to be obtained and may draw up an order to that
effect. Such order shall be a sufficient authority to the Police
for retaining the vagrant in their charge whilst on his way to
such place of employment, and afterwards,should he not succeed
in obtaining such employment.
Magistrate to
assist in seek .
9. The Magistrate dealing with any vagrant shall to the best
ing employ. of bis ability , assist him in seeking employment, and may in
ment.
the meantime if he think fit keep such vagrant in charge of the
Police. Should the vagrant fail to obtain suitable employment
within a reasonable time not exceeding at the most seven days,
such Magistrate shall forward him to a house of detention as
provided in section 6 .
To be treated 10. Every person while in charge of the Police under this
as prisoners
on remand . ordinance or whilst seeking employment shall be entitled to the
same maintenance and subject to the same regnlations as pris
oners detained on remand .
Scale of diet. 11. Every vagrant detained in any house of detention shall
be allowed the same scale of diet for his support as is allowed
to adult long -sentence prisoners whose conduct is good .
Vagrants 12. Every vagrant admitted to any house of detention shall
subject to
certain regu . be subject to the same regulations as are prisoners in gaol with
lations . respect to
( a .) Search of his person, clothing, and effects.
(b.) Custody of his clothing and effects.
VAGRANCY.
[ 12 OF 1888. ] 1025
( c.) The wearing of a distinctive dress .
( d .) Personal cleanliness.
(e.) Hours, meals, labour ( other than penal labour ) and
general conduct.
Always provided that such regulations may be specially modified
in relation to vagrants by any code of rules approved by the
Governor in Council and that any money or effects of any
vagrant may be applied towards the expense of carrying this
ordinance into execution for his benefit.
13. Any vagrant who knowingly disobeys any rule applicable Punishment
to him or made under the previous section of this ordinance conduct.
shall be liable to the same punishment, and such punishment
shall be awarded as if he were a misdemeanant in gaol .
14. The superintendent of such house of detention shall Superintend
forward weekly to the Harbour Master a list of such vagrants forward
under his charge as are seamen , and shall otherwise use his weekly list
to Harbour
best endeavours to obtain suitable employment outside such Master.
house for the vagrants admitted thereto .
15. When such employment is obtained ,any vagrant refusing Penalty for
or veglecting to avail himself thereof shall, on conviction before employment.
a Magistrate, be liable to imprisonment with hard labour for a
term not exceeding one month .
16. If, after the lapse of a reasonable time no suitable employ- Removal
Colony.
from
ment is obtainable for any such vagrant,, the superintendent of
the house of detention in which he is detained may either
( when such vagrant has entered into an agreement as hereinafter
mentioned ) cause him to be removed from the Colony, or he
may cause sections 25 and 28 of this ordinance to be read to
such vagrant and may then release him .
17. The cost of the removal from the Colony of any vagrant Cost of
under this ordinance shall be defrayed by the Government removal,,
subject to the provisions hereinafter contained for its refund .
18. Any vagrant or other person other than a Chinese may Agreement to
enter into an agreement in writing with the superintendent of leave the
any house of detention or with the Colonial Secretary, binding
himself to embark on board such ship and at such time as may
be named in such agreement for the purpose of being removed
from Hongkong at the expense, if any, of the Government of
this Colony, to remain on board until such ship shall have
arrived at the port of destination ,and not to return to Hongkong
within five years .
19. Every such agreement may be con unstamped paper and Form of
shall be in the form set forth in the schedule to this ordinance agreement.
or as near thereto as may be.
1026 ( 12 OF 1888. ] VAGRANCY .
Persons
landing 20. Whenever any person, not a Chinese, lands in this
vagrants in Colony or being a non -commissioned officer or soldier in Her
the Colony to Majesty's Army leaves that army in this Colony under an
pay cost of
femoval, &c. engagement to serve any person , company, or association , or
body of persons in any capacity , and whenever any sailor other
than a Chinese sailor is discharged from his ship in this Colony
and such person , non -commissioned officer, soldier or sailor
becomes chargeable to the Colony as a vagrant within a period
of six months after his arrival here or after his leaving the army
or discharge from his ship as the case may be , then the person,
company, association or body to serve whom he has so landed
in Hongkong, left the army, or, in the case of a sailor, the
person who was at the date of his discharge the owner or agent
of the ship from which such sailor has been so discharged, shall
be liable to pay to the Government the cost of his removal under
this ordinance and all other charges incurred by the Colony in
consequence of his becoming a vagrant.
Shipmaster 21. Every master of a ship landing or allowing to land in
landing
destitutes this Colony any person other than a Chinese who at the time
liable to
defray ex. of his landing is obviously destitute of means of subsistence or
penses. does actually become so within a period of six months froin the
date of landing shall be liable to repay to the Government of
this Colony all costs and charges incurred by the Colony in
consequence of such person becoming a vagrant unless such
master satisfy the Court that he made due enquiry as to the
person so landed or allowed to land, and that he had reason to
believe such person was possessed of means of subsistence.
Owner, &c. 22. In the absence of such master of a vessel the owner,
liable in the
absence of agent, or consignee of such vessel at the time the person who
shipmaster. subsequently became a vagrant was allowed to land shall be
liable to pay the said costs and charges on his behalf.
Recovery of 23. Such costs and charges shall be recoverable by suit as
costs ,
if an express agreement to repay them had been entered into
with the Colonial Secretary by the person, company, associa
tion , body, owner, agent, or consignee chargeable.
Evidence.
24. In any proceeding under this ordinance a certified copy
[* query 8.5.] of the declaration recorded under section 3* shall be primâ facie
evidence that the person named therein has been and that he
was a vagrant at the date of such declaration.
Arrest with 25. Any person apparently a vagrant refusing or failing to
out warrant, accompany, a Police officer to or to appear before a Magistrate
when required to do so for the purposes of this ordinance may
be arrested without warrant and shall be liable on conviction to
imprisonment with hard labour for a period not exceeding one
month .
VAGRANCY. ( 12 of 1888. ] 1027
26. Any vagrant who escapes from the Police whilst com- Penalty for
escape.
mitted to their charge under this ordinance or who leaves a
house of detention without permission from the superintendent ,
or who, having with such permission left a house of detention
for a limited time or a specified purpose, fails to return on the
expiration of such time or when such purpose has been accom
plished or proves to be impracticable , shall for every such
offence be punishable on conviction before a Magistrate with
hard labour for a period not exceeding three months.
Breach of
27. Any person entering into an agreement under section 16 agreeme nt.
of this ordinance and wilfully violating that agreement in any
respect shall for every such offence be punishable on conviction
before a Magistrate with hard labour for a period not exceeding
three months .
28. Any person asking for alms in a threatening or insolent Penalty for
manner, or continuing to ask for alms of any person after he asking alms.
has been required to desist shall be punishable on conviction
before a Magistrate with hard labour for a period not exceeding
three months.
29. The Governor in Council may from time to time make Governor in
rules consistent with this ordinance for the guidance of officers make
Councilmay
.
in matters connected with it. All such rules shall be published
in the Government Gazette, and shall thereupon have the force
of law.
SCHEDULE.
(See section 16.)
ARTICLES OF AGREEMENT made this day of between
the Colonial Secretary of Hongkong of the one part and A.B. of, & c. (the
vagrant) of the other part: Each of the parties hereto (so far as relates to
the acts on his own part to be performed ) hereby agrees with the other of
them as follows :
1. The said A.B. shall embark on board such ship, and at such time as
an officer appointed in this behalf by the Government of Hongkong
shall direct.
2. The said A.B. shall remain on board such ship until such ship shell
have arrived at the port of destination .
3. The said A.B. shall not return to Hongkong until five years shall
have elapsed from the date of such embarkation unless specially
permitted to return by the Governor of Hongkong.
4. The said Colonial Secretary of Hongkong shall contract with the
owner of the said ship or his agent for the passage of the said A.B.
on board the said sbip, and for his subsistence during the voyage
for which he shall embark as aforesaid .
5. In witness whereof the said Colonial Secretary of Hongkong and the
said A.B. have bereunto set their hands the day and year first
above written ,
1028
[ 13 of 1888. ] REGULATION OF CHINESE .
No. 13 OF 1888.
An Ordinance entitled The Regulation of Chinese Ordi
nance, 1888.
[ 21st March , 1888. ]
* * *
PRELIMINARY.
Title. 1. In the construction of this ordinance the following terms
shall have or shall include the meanings respectively set against
them , unless the context should otherwise require :--
Interpreta City of Victoria. The districts specified in section 6 of this
tion.
ordinance, subject to any alteration thereof by the
Governor in Council under this ordinance.
[ 7 of 66 , 3. ] House. Any dwelling, shop, outhouse, shed, or roof.
[ 8 of 58, 32.] Householder. The actual tenant or occupant of the whole
of any building or tenement in a district of Victoria
or in cases where there shall be no such person, then
the immediate landlord of the whole of such building
or tenement, but shall not include or extend to any
person, other than a Chinese,unless a portion of his
house be rented by any Chinese, and in cases of
companies and corporations, or if the company or
corporation is the immediate landlord , the secretary
or manager thereof shall be deemed the householder,
and shall be liable to all the provisions of this ordi
nance accordingly.
[ 7 of 66, 2. ) Occupier. Any person acting as master of or in charge of
a house, or the occupant of the ground floor at a rent,
or if no such person can be found, the owner of the
house, or his agent.
[ 8 of 58 , 32. ] Vessel. Any ship, junk, or boat of any kind whatever,
whether propelled by steam , sails, or oars, or merely
kept afloat as a residence or otherwise.
CHAPTER I.
General Provisions.
Census and 2. The census and registration office at present existing shall,
registration
othice continu
for the purpose of this ordinance, be continued, together with
ed ,
[ 8.0f 58, 2. ]
the Registrar General and other the officers and assistants by
whom the duties and business thereof have been hitherto
performed.
REGULATION OF CHINESE . [ 13 of 1888. ] 1029
3. The several persons now being the Registrar General, Appoint
officers and assistants of the said office,shalldischarge the duties metersof
officers .
and business thereof in future at their present salaries during [s of 58, 3. ]
the Governor's pleasure; and upon any vacancy, the Governor
may from time to time nominate and appoint such person or
persons to be such Registrar General, officers, and assistants
respectively, and at such salary and salaries as to him shall seem
meet, and also remove him or them at discretion from time to
time, and nominate and appoint another or others in his or their
room ; yet so as that Her Majesty's pleasure shall be taken as
to every pomination, appointment, and removal of a Registrar
General, and as to every new limitation of salary under the
provisions of this section .
CHAPTER II.
Regulations.
Governor
4. The Governor in Council may from time to time make, Coun in
cil may
and when made may alter, add to, repeal, or revive any regula- make regula
tions necessary for the better carrying out of this ordinance or tions.
any forms thereunder and such regulations and forms shall, when
published in the Gazette, have the force of law.
Existing
5. All regulations published under any ordinance repealed regulations
by this ordinance are hereby continued in force until the same continued .
shall be revoked.
CHAPTER III.
Registration of llouseholders.
6. The City of Victoria shall, for the purposes of registration , the
Division of
City of
be divided into the following ten districts : Victoria into
districts.
( 1 ) Kennedytown, ( 6 ) Chung Vu, [ 7 of 66, 3. ]
(2 ) Shek -tony Tsui, ( 7 ) Ha Wan ,
(3) Sai Ying -pun, ( 8 ) Vn- tsai,
(4 ) Tai-ping Shàn , ( 9 ). Bowrington ,
(5) Sheung Wan , ( 10 ) So -kon Pò ;
and the boundaries of the said districts shall be those set out in
a map which shall be kept in the office ofthe Registrar General,
and a duplicate of the same in the office of the Surveyor General:
provided always that such districts or their boundaries may be
altered from time to time by the Governor in Council.
7. Separate register books in respect of each of the said dis- District
tricts shall be kept in the Registrar General's office. And any registers
[1 of 66,5.]
register book kept under any ordinance hereby repealed shall
form part of the register to be kept under this ordinance,
1030 [ 13 OF 1888.] REGULATION OF CHINESE .
Particulars to
be furnished
8. Every person who shall become a householder after the
by house coming into force of this ordinance shall , within fifteen days
holders.
[ 7 of 66 , 6 & next thereafter, furnish to the Registrar General the following
7. ) particulars, to be kept in the register of the proper district :
( 1. ) The name of the street in which his house is situate,
and the street number of such house ;
( 2. ) His name and address, and profession or trade ;
( 3. ) The name, and condition or occupation of any person
renting any portion of the said house for any period
not less than one month ;
and such other particulars as may from time to time be required
of him by the Registrar General, who when necessary shall
supply blank forms for such purposes.
Change of 9. Every householder shall within one week report to the
.
fino 66,7 & Regis
8. ]
trar General any change in the tenancy of any portion of
his house .
Certificate
Regis 10. Every registered householder shall receive a certificate
trarGeneral. of
[ 7 of 66, 9.]
registration
General, which insaid
English and Chinese,
certificate signed bythe
shall be produced Registrar
by him when
required by the Registrar General or any Magistrate, or any
officer of Police.
Householder 11. Every householder who shall not have his permanent
in Colony to place of residence in the Colony shall enter into a bond with
enter into
bond and two sureties to be approved of by the Registrar General, con
appoint an ditioned in the sum of five hundred dollars, for the observance
agent.
17 of 66, 10. ] of the provisions of tbis ordinance, and shall appoint for every
house in respect of which he shall be a householder an agent
in the Colony, who shall sign a form to be supplied by the
Registrar General containing his name and address, and there
upon every such agent shall become liable to all the provisions
of this ordinance as if he were the householder of such house,
and until the provisions of this section shallhave been complied
with, and in case any such agent shall die or cease to reside in
the Colony, then until another agent shall be appointed in his
place, the rents and profits of such house shall be seized and be
dealt with in such manner as to the Governor in Council shall
seem fit.
Registrar 12. The Registrar General may summon in writing before
Generalmay him any householder or any tenant of a portion of any house,
householder
or tenants
and such householder or tenant shall appear before the Registrar
[7 of 66,11.) General at the time and place specified in such summons, and
furnish all particulars respecting himself which are required by
this ordinance to be recorded by the Registrar General.
REGULATION OF CHINESE . [ 13 OF 1888. ] 1031
13. Whenever a fine shall be iinposed upon any person resi- Fines to be
dent in any house, and not being the householder within the recoverable,
certain in
meaning of this ordinance, for any violation of theprovisions holder .
of any ordinance for the time being in force within the Colony 17 of 66,17 &
as to gambling or the sale of intoxicating liquors, every such is.]
fine or any part thereof, in case the same shall not have been
recovered from the actual offender, or in case the actual offender
cannot be found or brought to trial, may be recovered from the
householder by suit, or by summary warrant of distress, to
issue out of the Court by which such fine shall have been inn
posed , and to be executed against the goods and chattels of
such householder. The amount of every such fine, howsoever
recovered from every such householder, or voluntarily paid by
hiin , may be recovered by such householder froin the offender
primarily liable for the same in a suit for money paid to his use.
( So much as relates to gambling and unlawful gaming: repealed
by Ordinance No. 1 of 1891. ]
14. In every case where personal service of a Magistrate's Mode of
summons against any householder for any offence against the service of summons
provisions of this chapter cannot be effected, it shall be sufficient where person
service to affix one copy thereof outside the house in respect of al service
wbich such offence shall be charged, and to leave another copy effected.
thereof at the registered address or last known place of abode {7 of 66,20.)
or business of such householder, and in case such householder
shall not appear according to the exigency of such summons,
the Magistrate may investigate the charge against such house
holder in his absence, and deal with the same in every respect
as if such householder were present.
15. Whenever there shall be several persons householders When several
householders.
within the meaning of this ordinance in respect of the same [ 7 of 66 , 21. ]
house, by reason of being tenants-in -common or joint- tenants ,
they shall each be equally liable to the provisions of this ordi
nance, until such provisions shall have been complied with by
one of such householders .
Fees to under
16. The several fees specified in schedule A hereto shall be charged be
charged in respect of registration under this ordinance. this ordi.
nance .
CHAPTER IV . [ 7 of 66, 31.]
District Watchmen .
17. The Governor may appoint any person whom he shall Governormay
consider to be sufficiently recommended by the inbabitants of appoint chief
of
any district to the office of chief watchman of such district, and a district.
such chief watchman shall be immediately subordinate to the [7 of 66, 12.]
Registrar General, and have all the powers and authorities of a
constable .
1032 [ 13 of 1888. ] REGULATION OF CHINESE .
Governor may 18. The Governor may appoint for each district any number
aupher any of persons ivhom he shall consider to be sufficiently recommended
of
watchmen for to him by the inhabitants of such district to fill the office of
a district
(7
[ of 66,13.] watchmen in such district, and every such watchman shall be
under the control of the Registrar General and innmediately
subordinate to the chief watchman, and shall have all the powers
and authorities of a constable.
Rules and
regulations
19. The Registrar General , with the approval of the Governor
7
for watchmen . in Council, shall make rules and regulations to be observed by
[ 7 of 66, 14.] the said watchmen .
Power of
Registrar
20. The Registrar General may remove any chief or other
General to watchman from the district to which he has been appointed
dismiss and
fine watch to any other district, may summarily dismiss him , and may
men . also inflict upon him any five not exceeding ten dollars for
[7 of 66, 15.] misconduct.
CHAPTER V.
Religious Ceremonies.. Theatrical Performances.
Music.
(9 of 86 , 1. )
21. Except as by this ordinance provided no person shall,
in any public street or road within the City of Victoria, play
any musical instrument, or beat any drum or gong in connection
with any religious ceremony ( except a funeral or marriage ) or
with any annual or other festival.
Drums and
gongs.
22. No person shall, within the City of Victoria, beat any
[ 9 of 86 , 2. ] drum or gong within any dwelling house, or knowingly suffer
or allow any drum or gong to be beaten upon his premises
between the hours of 11 P.M. and 6 A.M.
Processions. 23. Except as by this ordinance provided no person shall
{ of 86, 3.])
[9 organise, equip, or take part in any procession in any public
street or road in the City of Victoria with or without music.
This section shall not apply to any funeral or marriage pro
cession , whether with music or without, except in cases where
the Governor may so direct .
Sheds, &c. 24. Except as by this ordinance provided no person shall,
( 9 of 86, 4. ) in the City of Victoria or in any village of the colony, or nearer
[See No.15 of to any building than 100 yards, erect any inflammable structure,
1889, . 58.] awning, or decoration in connection with any religious or other
festival or ceremony, or with any exhibition connected with any
such ceremony or festival. This section shall not apply to any
scaffolding of wood or bamboo necessary for the removal of a
dead body, if such scaffolding be removed within forty-eight
hours from the time of its erection.
Fireworks. 25. Except as by this ordinance provided no person shall
[9 of 86, ]
5.) discharge, kindle, or let off' any firework in the City of Victoria
or within 300 feet of the Praya wall or attempt to do so.
REGULATION OF CHINESE . [ 13 OF 1888. ] 1033
26. No person shall advertise, notify, or carry on any Chinese Theatricals.
theatrical performance of a public nature unless an abstract of [9 of 86, 6. ]
the plot or nature of such performance shall first have been
furnished to the Registrar General, who may in his discretion
issue a permit for such performance , without which permit no
such performance shall be advertised , notified, or carried on .
27. The Governor may from time to time authorise the issue Permits.
( 9 of 86 , 7. ]
of permits for
( 1. ) Processions or music in the City of Victoria (other
than funeral or marriage processions) at suitable
hours and under suitable conditions.
( 2. ) The erection in the City of Victoria or in villages of
cloth - covered sheds or decorations in suitable places, [ See No. 15 of
with proper precautions for safety and for the 1889,8. 58.)
extinction of fire .
( 3. ) The discharge of fireworks in suitable places in or
near the City of Victoria .
( 4. ) Chinese public theatrical performances.
All such permits shall be issued in such manner and on such
conditions as the Governor may direct. The Governor may
at any time cancel or withdraw any such permit.
28. Permits for processions, theatricals, and other such acts One person to
as are to be joined in by a number of persons shall be issued to be[9 named.
of 86, 8.)
one person only by name, the words and others being added
after such person's name. The person so named shall be
responsible for the due observance of all the conditions of the
permit, and shall, if so required , furnish such security for the
observance of such conditions as the Governor may direct.
CHAPTER VI .
29. It shall be lawful for the Governor in Council from time Power to
to time to direct that any district or street in Victoria, or any Governor
Counciltoin
part thereof be enclosed by means of gates or otherwise, and enclose parts .
that all ingress or egress in or out of the same be prohibited at ofthe
of 66city
, 16.]
such times and for such period and in such manner as to the
Governor in Council shall seemn fit.
Night Passes.
30. No Chinese , without reasonable excuse, the proof of Chinese to
which shall lie upon him , shall be at large within the City of have .passes at
Victoria between 9 P.M. and sunrise or between such hours of [14 of 70, 4 &
the night as may from time to time be fixed by any order of 26. ]
the Governor in Council without a valid pass under this ordi
nance , This section is applicable to women as well as to men .
1034 [ 13 OF 1888. ) REGULATION OF CHINESE .
Power to
order lights
31. It shall be lawful for the Governor in Council by order
to be carried to be published in the Gazette from time to time to direct that
at night . all or any Chinese, who may be out in or about the City of
( 14 of 70, 68.
23, 24. ] Victoria or any part thereof at night, shall , during the hours to
be specified in such order, carry lamps or lanterns : provided
always that one lamp or lantern shall be sufficient for any
number of persons, not exceedinig twelve, who shall belong to
the same party .
Any person disobeying any such order shall be liable, on
summary conviction before a Magistrate, to a fine not exceeding
fiſty dollars, or to imprisonment for any period not exceeding
one month .
It shall be in the discretion of the inspector or other officer
in taking any charge under this section to discharge the person
charged without bail, if he is satisfied that such person is either
the lawful owner, or holder of a valid pass or has given his real
name and address.
Annual and 32. The Colonial Secretary may in his discretion issue the
special passes .
[ 14 of 10,5 following passes :
and 6. ]
( 1. ) To any Chinese resident in the Colony an annual
pass valid during the whole of the current year.
( 2. ) To any non -resident Chinese a special pass for such
period as the Colonial Secretary shall think fit.
Applications
for annual
33. Applications for such annual and special passes shall be
and special made through the Registrar General, who shall keep a record
passes. of all such passes, with the names and addresses of the persons
[ 14 of 70, 8.] to whom they are issued .
Power to
34. The Colonial Secretary may at any time cancel and call
cancelannual in any annualorspecial pass granted by him .
pass.
( 14 of 70 , 9.]
Annual and
special passes
35. No annual or special pass shall be transferable, nor may
not transfer any person use such pass except the person to whom it has
able. been granted .
[ 14 of 70, 10.]
Quarterly Passes.
Quarterly 36. The Captain Superintendent of Police may issue to any
{14 of. 70,11.) applicant passes for each quarter of the current year.
Register of
passes to be
37. The Captain Superintendent of Police shall cause a
kept. register of passes to be kept in which the following particulars
114 of 70, 12.] shall be entered :
( 1. ) The name and address of every person to whoin
passes have been issued by him .
( 2. ) The number of passes issued.
( 3. ) The period for which the same were issued .
( 4. ) Any other particulars which he may think it expedient
to record .
REGULATION OF CHINESE . [ 13 OF 1888. ] 1035
38. No applicant shall , without the order of a Magistrate, Number of
>
be entitled to a greater number of passes than the Captain issued
passes. to be
Superintendent of Police shall deem reasonable. [ 14 of 70, 13.7
39. The Captain Superintendent of Police may, upon reason- Power to
able grounds, refuse to issue passes to any applicant, without refuse passes,
]
the order of a Magistrate.
40. A pass issued by the Captain Superintendent of Police Such passes.
may be used by any Chinese with the authority of the person (14 of 70, 15
to whom such pass shall have been issued . Any Chinese using and 17. ]
such pass without such authority shall be guilty of an offence
against this ordinance.
Power to
41. The Captain Superintendent of Police may upon reason- cancel such
able grounds cancel and call in any pass issued by him . Any passes .
person aggrieved by any such cancellation of a pass may apply {1+ of70,16.]
for redress to a Magistrate, who may make such order as the
case may require .
42. The forms of all passes issued under this ordinance Forms of
sball, until the same shall be altered by the Governor in Council, p14 of70,
.
7
be those set forth in the schedule B hereunto annexed . and 11.]
Penalties in relation to Passes.
43. Whosoever, with intent to defraud, shall forge or alter Forgery, & c.,
pas
any pass, or shall offer, utter, dispose of, or put off any pass, [1] ofses10,19.)
.
knowing the same to be forged or altered , shall be guilty of
felony, and on conviction shall be liable at the discretion of the
Court to be imprisoned for any term not exceeding two years,
with or without hard labour.
44. Whosoever shall without reasonable excuse, the proof Having pos
of which shall lie upon him , have in his custody or possession Forsien
forged porf
pass .
a forged or counterfeit pass, or a pass which shall have been (14 of 70,20.]
unlawfully altered, knowing the same to be forged or counterfeit,
or to have been so altered, shall be guilty of a misdemeanour,
and on conviction shall be liable at the discretion of the Court
to be imprisoned for any term not exceeding two years with or
without hard labour.
45. Whosoever shall steal , or for any unlawful purpose take Stealing
from its place of deposit for the time being, or from any person passes
[14 of. 70,21. ]
having the lawful custody thereof, any pass issued under this
ordinance, or shall, without reasonable excuse , the proof of
which shall lie upon him , receive such pass, knowing the same
to have been feloniously stolen or taken for any unlawful
purpose as aforesaid , shall be guilty of felony, and being
convicted shall be liable to be imprisoned for any term not
exceeding two years with or without hard labour.
1036 [ 13 of 1888. ] REGULATION OF CHINESE ,
Failure to
46. Refusal or neglect without reasonable excuse to return
celled passes. on demand any pass which shall have been cancelled and called
[ 14 of 70,22.] in shall be an offence against this ordinance.
CHAPTER VII.
Placards. Meetings.
Placards.
[ 22 of 84. 10. ) 47. No person shall post up or exbibit or cause to be posted
up or exhibited in or near any street any public notice or
proclamation in the Chinese language without the permission
of the Registrar General. The Registrar General may refuse
such permission whenever he considers that the publication of
such notice or proclamation would be prejudicial to peace or
good order. Provided that this section shall not apply to
Government notices ..
Public
.
48. No Chinese shall hold or be present at any Chinese
[8 of 53.22.] public meeting whatever, not being a meeting solely for reli
gious worship , withouta permit under the hand of the Governor,
which may be issued to the occupier of the house in or near 1
which the meeting is to take place, or to the person convening
such meeting .
CHAPTER VIII .
Offences and penalties.
Offences. 49. Offences against this ordinance shall be considered
to be :
( 1. ) Refusal , neglect, or omission to do any act commanded
by this ordinance or by any regulation made there
under.
( 2. ) Refusal to permit, or obstruction of any such act .
( 3. ) The doing of any act prohibited by this ordinance,
or by any regulation made thereunder.
[ 7 of 66 , 30. ] ( 4. ) Furnishing untrue particulars concerning anything
required to be recorded under this ordinance.
[ Ibid. 31. ] ( 5. ) Using or attempting to use any certificate issued
under this ordinance which has not been duly issued
to the person so using or attempting to use it.
Penalties. 50. Every person convicted of an offence against this ordi
nance for which no penalty is specially provided shall be liable
to a penalty not exceeding fifty dollars for a first, or one hun
dred dollars for a second offence, or in default to imprisonment
with or without hard labour for any period not exceeding three
months : Provided always, that in any case where it shall seem
Imprison-
ment without
to the convicting Magistrate desirable to do so, imprisonment
fine, may be awarded without the option of a fine.
REGULATION OF CHINESE . [ 13 OF 1888. ] 1037
51. All fines inflicted and penalties incurred or compensa- Recovery of
tions awarded under this ordinance may be recovered in a penalties.
summary way before any Magistrate, as may also be any expenses
incurred in enforcing this ordinance.
CHAPTER IX .
* *
53. Wherever in any ordinance of this Colony the City of Victoria.
City of
Victoria is defined by reference to Ordinance No. 7 of 1886,
such reference shall be read as if it applied to the definition of
the City of Victoria in this ordinance.
54. All copies or extracts of or from any register or public Certificd
record kept in the Registrar General's office for the purpose of extractioned be
this ordinance, and purporting to be sealed with the seal of the received
evidence.
in
said office and to be certified as true copies or extracts by the (7 of67. 33.]
Registrar General , shall be received in evidence in all Courts
in the Colony in lieu of the originals .
55. This ordinance shall take effect on a day to be pro- ment
Commence
of
claimed by the Governor. ordinance.
SCHEDULES.
(A. )
Fees for Registration of Ilouseholders, ( Chap. 111).
First registration of any house and householder, $ 3.00
Registration of change of ownership ,...... 1.00
Registration of removal of registered honseholder, .25
Bond by non -resident householder ,....... 5.00
Certified extracts from register, first folio,...... .25
Do. do. each subsequent folio, .10
( B. )
Forms of Passes referred to in Sec. 42.
[ FACE . ]
No. No.
ANNUAL Pass.
For ? 18
Granted to
No.
Colonial Secretary .'
This Pass is not transferable ."
1038 [ 13 OF 1888. ] REGULATION OF CHINESE .
[REVERSE .]
ANNUAL' Pass, FOR ” 18
Same in Chinese .
Same in Ghuzerati.
Same in Hindustani.
5
1. Or Special, or Quarterly, as the case may be.
2. Leave blank for the period if necessary, or insert First quarter of,
Second quarter of, &c .
3. In the case of a quarterly pass, Captain Superintendent of Police.
4. In the case of a quarterly pass, omit these words.
5. In the case of a quarterly pass, add Valid only for the -- quarter
of 18
[ In force from 7th May, 1888. Proclamation 5th May , 1888.]
[ See section 4 of Orier in Council of the 8th day of September, 1871, under
No. 13 of 1888.)
section 23 of Ordinance No. 14 of 1870.
( Gazette 9th September, 1871.)
*
All Chinese not being holders of annual or special passes, who may have
occasion to go about the City of Victoria between 7 pm . and 5 A.M., shall
carry or cause to be carried a lighted lamp or lantern, until further notice.
( See Ibid .
Order in Council of the 24th day of July, 1875, under
section 11 of Ordinance No. 14 of 1870.
(Gazette 31st July, 1875. )
A fee of one dollar shall be paid to the Captain Superintendent of Police
on the issue of a duplicate night pass.
( See Ibid .) Order in Council, under section 2 of Ordinance 14 of 1870 of the 25th
day of March , 1885. ( Gazette 28th March, 1885.)
The Captain Superintendent of Police shall be and he is hereby authorised
to issue night passes for Chinese for a less period of time than one quarter
of a year when application is made to him for such limited passes .
TREES PRESERVATION . [ 14 OF 1888. ] 1039
RATING . 15 OF 1888.
No. 14 OF 1888.
An Ordinance entitled The Trees Preservation Ordinance,
1888.
[ 4th April, 1888. ]
WHHEREAS great damage is done to trees and plantations Preamble.
Ein the neighbourhood of the respective villages of this
Colony, and whereas it is frequently difficult or impossible to
discoyer the persons who have committed such damage:
1. Whenever it shall be proved to the satisfaction of the village rates
may be to
Governor in Council that trees or plantations belonging to increased
Government in the neighbourhood of any village in this Colony make good
have been felled, cut, mutilated, lopped , barked , or otherwise damages to
damaged or destroyed, and that there is sufficient reason to
believe that such damage or destruction was committed by the
inhabitants of the said village or by any of them , it shall be
lawful for the Governor in Council , by order under his hand ,
to levy a special rate assessed upon such village to an amount
sufficient to cover the damages done, and such increased assess
ment shall take effect from the earliest day after such order on
which it can be brought into force, and shall continue until the
Governor in Council, by a further order under his hand, shall
revoke or alter the original order, which the Governor in Council
shall do when he is satisfied that the injuries to trees on account
of which the original order was issued have ceased, or that they
were not committed by the inhabitants of such village.
2. Every such order shall be read as forining part of the Orders to be
Municipal Rates Ordinance No. 21 of 1885 , or of any ordinance Rating
real withOrdi
which may be substituted for that ordinance . nance.
3. Nothing in this ordinance shall operate to prevent any Not to
person from being prosecuted for injury or cutting down trees penalties.
prevent other
or for stealing or for the unlawful possession of wood under any
enactment under which, before the passing of this ordinance ,
he might have been so prosecuted.
No. 15 or 1888 .
An Ordinance entitled The Rating Ordinance, 1888.
[ 5th May, 1888. ]
Prcamble .
1. In this ordinance the following words and expressions Definitions.
shall have or shall include the meanings respectively set against
1040 [ 15 OF 1888. ] RATING .
them , unless such meanings be repugnant to or inconsistent
with the context.
1. Annual Valuation.— A general valuation of the rateable
tenements in the whole Colony, or any part thereof,
to be made yearly under this ordinance.
2. Interim Valuation. -A valuation , made at any time, of
any tenement which may have been improved or in
creased in value or substantially altered since the last
annual valuation , or which, being rateable, is not
already rated .
3. List.— The annual valuation list provided for by this
ordinance.
4. Owner . — The holder of any tenement direct from the
Crown, whether under lease, licence, or otherwise ; or
the immediate landlord of any tenement, or the agent
of any such holder or landlord who is absent or under
disability.
5. Rateable Value.The rent at which any tenement might
reasonably be expected to let, at the time of the valua
tion, from year to year, if the tenant undertook to pay
all usual tenants' rates and taxes, and if the landlord
undertook to pay the Crown rent and the costs of
repairs and insurance, with any other expenses neces
sary to maintain the tenement in a state to command
that rent. Such rateable value shall not include the
value of any machinery upon or in the tenement. In
the case of buildings let to more than one occupier,
there may be deducted from the total annual rent of
the whole tenement, estimated as aforesaid , a sum pot
exceeding 20 per cent of the whole as an allowance
for such portions of such buildings as may reasonably
be expected to be unlet from time to time during the
ensuing year, and the remainder shall be the rateable
value.
6. Tenement. - Any land with or without buildings, which
is held or occupied as a distinct or separate holding
or tenancy, or any wharf or pier in the waters of the
Colony.
7. Unoccupied.- A tenement shall be considered unoc
cupied when it is put to no beneficial use , and , in the
case of aa building, when it is neither used for storage
of any goods or chattels nor for habitation, except by
a caretaker.
RATING . [15 OF 1888. ] 1041
8. Victoria . — The City of Victoria, of which the following
-
shall be the boundaries :
NORTH . - The harbour.
South . - A contour of the hill - side six hundred
feet above the level of the sea.
East.-A straight line from the skew bridge at
the south west corner of Causeway Bay to the
Wong-nai-chong public school-house, produced
southward until it meets the southern boundary.
WEST.— Mount Davis.
9. Hill District.— Any part of the island of Hongkong
above the 600 feet contour, except Chinese villages.
10. Year.–From July 1st in any year to June 30th next
following, or any other period of twelve months fixed
by the Governor in Council .
The Assessor.
2. The Governor in Council may, from time to time, appoint Appointment
an assessor and such assistant assessors as he may deem neces- of assessor,
sary for the purposes of this ordinance, and may allow them (21 of 85, 2.)
such remuneration as he thinks fit.
3. The assessor may ; Powers of
assessor
1. Require the owner or occupier of any tenement to fur- (21 of 85,2.)
nish bim , within ten days, with the particulars speci
fied in Form A ( 1 ) hereto. [ No. 17 of
1890.]
2. From time to time enter into and upon any tenement
for the purpose of making a valuation thereof, and
take such measurements and other particulars as he
may deem necessary for the purposes of such valua
tion .
3. Call upon such owner or occupier to exhibit to him all
receipts for rent, rent-books, accounts, or other docu
ments whatever connected with the rent or value of
such tenement.
4. Serve on such owner or occupier a written notice
requiring permission to enter ; and, after twenty -four
hours from the delivery of such notice, may, at any
time during the daytime , enter into and upon the said
tenement, and take measurements and other particulars,
as herein before provided ,and may use force to effect
such entry if necessary, doing no more damage than
is necessary for the purpose.
1042 [ 15 of 1888. ] RATING .
Mode of
valuation .
4. The assessor shall separately estimate the rateable value 4
[ See 21 of 85, of each tenement, except in the following cases :
6. ]
( 1. ) Whenever the value of a tenement is affected by the
value of another tenement, contiguous to it , or
separated only by a road- way, and both tenements
are owned by the same person, the two tenements
may be valued together.
( 2. ) When two or more tenements are so built that their
floors overlap or are intermixed, they may be valued
as one tenement, the rates being charged against
any one of the owners, who may be required to
adjust their respective shares of payment of such
rates amongst themselves.
Return of Annual Value.
Return of
annual value,
5. Any owner of a tenement occupied by himself, for which
no rent passes, or any owner of more than ten tenements may,
) provided
ask for time. within ten days from the service upon him of Form A (1)as
1890.) by section 3 , apply in writing to the assessor for an extension
of the time allowed for returning such form , stating his reasons
for the application, and the assessor may grant such extension
of time, not exceeding twenty -eight days additional , as to him
may appear reasonable.
Annual Valuations.
1
General 6. The assessor shall make in each year, before the 30th of
tionual valua- April, or as soon thereafter as may be, a valuation of the tene
[21 of85.3] ments in the Colony, or of such part thereof as the Governor in
Council may direct.
17. The Governor in Council may :
Powers of
Governor in
( 1. ) Fix any other day as the day before which (or as soon
Council. thereafter as may be ) the valuation shall be finished .
[ 21 of 85. 12] ( 2. ) Adopt any valuation at any time existing, either
wholly or in part, as the valuation for the ensuing
year or any part thereof ; and shall cause notice of
such adoption, and of the extent thereof, to be
published in the Gazette. Any existing valuation
so adopted shall, for the purposes of appeal, be
considered a new valuation .
List of valua
tions.
8. As soon as the said valuation is completed, the assessor
(21 of 85.7]
shall make out a list of the several tenements assessed , and of
iheir respective valuations, and shall deliver the same to the
Colonial Secretary .
RATING . [ 15 OF 1888. ] 1043
9. The assessor shall make and subscribe, in the presence of Verification
the Colonial Secretary, a declaration to the effect that the list of list.
[21 of 85. 7]
contains a true account of all valuations made by him , and that
the same is, to the best of his knowledge and belief, complete
and correct in every respect. _After which, the Colonial Secretary
shall deliver the list to the Treasurer.
10. After the list has been so declared and delivered , no Correction of
alteration shall be made in it except as provided by sections 22 (See 21 of 85.
and 24, or to correct merely clerical errors . Such errors shall 7 ]
be declared by the assessor before aa Justice of the Peace in the
form of the Form E , which shall be submitted to the Governor, ( No. 17 of
who may , in his discretion, approve such corrections or any of 1890.]
them , and without whose written sanction no such correction
shall be made.
11. When any tenement is valued for the first time, or when Notice of
any existing valuation is altered, the assessor shall , within yaluation.
[ 21 of 85, 9 ]
fourteen days after the completion of the valuation , serve notice
in writing upon the owner, or upon the occupier if the owner
or his agent cannot be found, of such valuation having been
made and of the amount thereof. Such notice may be given in
the form of Form C. Provided that this section shall not 189
(N0.17 of
0. )
apply to valuations of tenements in Chinese villages.
12. The omission to serve such notice shall not invalidate Omission to
serve notice.
any valuation nor relieve any person from the payment of rates. [ 21 of 85. 9 ]
13. The list, or an examined copy thereof, shall be open to List to be
en for
inspection at the Treasury during office hours for twenty-one op
specie
inspection .
days, of which notice shall be previously given in the Gazette [21 of 85. 10.]
and at least one English and one Chinese public newspaper,
and any owner or occupier of any tenement included in such
list may, during such twenty -one days, take any extract there
from .
14. The Colonial Secretary, on receipt of the list of Chinese Country
tenements for cach country district, shall cause a copy thereof districts
: 11. ]
21 of 85.
to be made in Chinese ( stating only the number of each house
its valuation and the annual rates ) and to be exhibited in a
conspicuous place in the principal village of each district during
the twenty -one days above mentioned.
Annual Valuations. - Appeal.
15. Any person aggrieved on any of the following grounds ; Appeal.
[ See 21 of 85.
( 1. ) That any tenement for which he is rateable is valued 13.]
beyond its rateable value.
( 2. ) That any tenement is assessed which is not rateable.
1044 [ 15 OF 1888. ] RATING .
( 3. ) That any person who or any tenement which ought
to be inserted in the list is omitted therefrom .
( 4. ) That any tenement is valued therein below its rateable
value.
May, during thetwenty -one days during which the list is open
for inspection , lodge with the Registrar of the Supreme Court
à notice of appeal to the Court in its summary jurisdiction.
If an existing valuation has been adopted under sub -section 2
of section 7, such period of twenty -one days shall be reckoned
>
from the date of the Gazette in which notice of such adoption
shall be published. The assessor shall be the respondent in
any appeal under this section or section 27 .
Notice of 16. Such notice of appeal shall state fully the grounds on
appeal.
[ See 21 of 85. which the appeal is made, and the appellant shall, also within
14. ] the period of twenty -one days before mentioned , cause a copy
thereof to be served on the assessor.
Appeal 17. When the appeal is in relation to any tenement not the
relative tothe property or in the occupation of the appellant, the appellant
property
others. shall, within the same limit of time, cause a copy of such notice
[See
14.] 21 of 85. of appeal to be served on the person interested in the result of
the appeal , and such person may be heard upon the appeal .
Prosecution
of appeal.
18. The
month from appellant
the expiryshall prosecute
of the his period
aforesaid appealofwithin one
twenty -one
days, failing which, his right to appeal shall lapse.
Notice of 19. On the fixing by the Court of a day for hearing such
[See 21 . of 85, appeal, the appellant shall forth with give notice thereof to the
14. ] assessor.
Appeal to be 20. Such appeal shall not be entertained by the Court if it
disallowed in shall be shown, to the satisfaction of the Judge ;
certain cases .
[ See 21 of 85.
15.)]
( 1. ) That any of the provisions of sections 15 to 19 inclusive
have not been complied with by the appellant.
( 2. ) That the appellant or his agent knowingly furnished
false or incorrect particulars to the assessor on
[ No. 17 of Form A ( 1 ) under section 3 for the purposes of the
1890. )
valuation against which the appeal is made.
( 3. ) That the appellant neglected or refused to supply the
information required by section 3 within ten days
days of demand.
But disallow . 21. In any case in which an appeal might be disallowed
ance may, in
certain cases,
under sub -section 3 of the last section, the Judge may, never
be avoided . theless, hear the appeal, if it shall appear ;
( 1.) That the omission to give the required information
arose from the absence or disability of the appellant,
or other unavoidable cause.
RATING . [ 15 OF 1888.] 1045
( 2. ) That application was made to the assessor under
section 5 for an extension of time, and was refused
without good cause, or that the time allowed was
not , in the opinion of the Court, of reasonable
length.
22. The Court , upon proof that the notices required by Hearing
sections 15 to 19 inclusive were given within the time fixed by appeals
[21 of 85.15.1
those sections, shall hear and determine the matter of the appeal
in a summary way, and may make such order therein as it
thinks proper, with or without costs to any party ; and may
direct the Treasurer to amend the list in any manner . Such
order of the Court shall be final and conclusive.
Interim Valuations.
23. The assessor may at any time make an interim valuation valuations
Interim .
of any tenement. [ See 21 of 85.
16. ]
24. The assessor shall notify the Treasurer of the amount of Entry of
such valuation , and the Treasurer shall cause the same to be paluatio .
[ See 21 nof 85.
inserted in the list. 17. ]
25. The assessor shall , without delay, serve upon the owner Notice of
of such tenement, or upon the occupier if the owner cannot be valuation.
[ 21 of 85. 17. ]
found , potice in the form of Form C of such valuation having No. 17 of
been made, and of the amount thereof. No rates shall be 1890.]
recoverable in respect of such tenement until such notice has
been served.
26. The rates assessed shall be payable from the first day of Payment.
the month next following the assessment, and shall thereafter (21 of 85. 19.]
continue to be payable quarterly.
Interim Valuations.—Appeal.
27. Any person aggrieved by any interim valuation , on the Interim
valuation.
ground that the tenement assessed is not rateable under this Appeal.
ordinance, or that it is valued beyond its rateable value, may [21 of 85.18.]
appeal to the Supreme Court in its summary jurisdiction,
whereupon sections 15 to 22 inclusive shall apply in relation to
such appeal . The period of twenty -one days mentioned in
those sections shall be taken to be twenty - one days from the
service on the owner or occupier of the tenement of Form C
under this ordinance, or in case such Form C was not received
by such owner or occupier, twenty -one days from the first
demand upon him to pay the rates to which the appeal refers.
1016 ( 15 of 1888. ] RATING .
Rating
Rates fixed .
[ See 21 of 85.
28. After the time for appealing has expired , the following
20. ] percentages on the valuation of every tenement enumerated in
the list shall be payable as rates from the first day of July in
each year, or froin such other day as may , from time to time,
be fixed by the Governor in Council , viz . , for any tenement,
In the City of Victoria, ..... 13 per cent.
In the Hill District, .
82 per cent .
In any other place, 7 per cent .
[ See No. 16of Two per cent of the rates levied in the city of Victoria may , in
1890, s. 33.]
the discretion of the Governor, be disposed of to defray the
expenses of the water supply.
Rates on
piers.
29. On the valuation of piers, wherever such piers may be
situate, a total charge of 7 per cent. shall be payable. When
such piers are within the City of Victoria, and are valued in
conjunction with adjoining tenements under section 4 , the
assessor shall make a suitable deduction, not exceeding 45 per
cent. , from the full rateable value of each pier, which may then
be assessed as if it formed part of the adjoining tenement.
Lower rates
in certain
30. The rates provided for in sections 28 and 29 and the
districts. districts to which they apply may, from timeto time, be altered
by resolution of the Legislative Council . If such resolution
should be carried, the Governor shall fix a date for its coming
into effect.
Rates how
. 31. The above rates shall be paid quarterly in advance at the
[21of85. 22.] Treasury within the first month of each quarter, and the times
appointed for such payment shall be notified quarterly by the
Treasurer in the Gazette.
Payment and Recovery of Rates.
Rates to be an
occupier's
32. The owners and occupiers of all tenements shall be liable
tax. to the Crown for payment of the rates assessed thereon, but the
[21 of 85. 23. ) same shall be deemed an occupier's rate, and, as between the
owner and occupier of any tenement, shall, in absence of any
agreement to the contrary , be borne by the occupier ; and the
amount thereof, if paid by the owner, may be recovered by him
from the occupier in an action for moneypaid to his use, or, if
he is still in occupation of the tenement, by distress in the same
manner as for rent, and the provisions of this section shall
equally apply to the recovery of rates paid by one owner on
account of another under sub -section 2 of section 4 .
RATING . [ 15 OF 1888. ] 1047
33. If any person fail to pay any rates for which he is liable, Recovery
.
of
within one month after the day notified in the Gazette as the rateof
[ 21 of 85. 24.]
day for payment, the Treasurer may recover the same by suit
in the summary jurisdiction of the Supreme Court, together
with interest at the rate of eight per cent. per annum until the
day of payment.
Refund of Rates.
34. Refunds of rates may be made subject to the following rates
Refund,
of
rules :
[ See 21 of 85.
25. ]
( 1. ) Whenever any tenement , not being a teneinent in the
Hill District, is unoccupied during one or more
entire months of any quarter in respect, of which
the rates upon such tenement were paid in advance,
the Treasurer shall refund the rates for such
months .
( 2. ) When any tenement in the Hill District shall be con
tinuously unoccupied during any six consecutive
months from April to November inclusive, the
owner shall be entitled to a refund of the rates paid
during such period on account of such tenement,
and for each succeeding month during which such
tenement shall be continuously unoccupied he shall
be entitled to a like refund.
Provided that no refund of rates shall be made in respect of the
non -occupation of any portion less than the whole of any land
or building which may have been assessed as a separate tene
ment .
35. Refunds may be obtained in the following manner : Mode of
obtaining
( 1. ) The owner of any tenement may give notice to the refund.
Treasurer that such tenement is vacant not later (21 of 85. 26.1
than the fifteenth day of any month from the first
day of which it is intended to claim such refund.
(2. ) So long as such tenement shall remain continuously
unoccupied, no further notice shall be required, but
after the re-occupation of such tenement, notice of
any subsequent vacancy shall again be required, as
provided in the preceding sub -section .
( 3. ) The person claiming the refund may , within fifteen
days after the expiration of the quarter during
which the tenement has been unoccupied, apply to
the Treasurer in the Form D in the schedule for
such refund.
1048 [ 15 OF 1888. ] RATING .
(4.) The Treasurer may refund the rates for one or more
entire months during such quarter if due notice
have been given , and if the Treasurer be satisfied
that the tenement was unoccupied during such
months, which he shall ascertain by causing it to
be actually inspected from month to month .
( 5. ) In the case of tenements in the Hill District, no refund
shall be made until the tenement has been con
tinuously unoccupied during six months as herein
before provided , after which the refund may be
made quarterly till the tenement is occupied.
Court may
entertain
36. Any person aggrieved by refusal on the part of the
petition Treasurer to refund rates may apply to the Supreme Court in
exceeding its summary jurisdiction , and the Court may adjudicate upon
$ 1,000.
(21 of 85.27.] a petition for a refund of rates, although the claim exceeds one
thousand dollars, and for the purpose of such adjudication may
receive any evidence it thinks fit.
Want of
.
37. The petitioner shall not recover if the notice required
(21 of 85.28.] by section 35 has not been given , the burden of proof whereof,
shall rest upon him .
Exemptions.
Exemptions . 38. The following tenements, so long as they are not
See
{sce 21 of 85. occupied
i.]
rateab
in any way for gain or pecuniary profit, shall not be
le :
-
Almshouses .
Art Schools or Art galleries.
Cemeteries.
Charitable dispensaries .
Free Libraries.
Government premises, whether Imperial or Colonial.
Hospitals.
Museums .
Places of Worship
Rifle ranges .
Schools.
The City Hall .
No other
exemptions
39. Except as provided by the last section , no exemption
allowed , from or excusal of rates shall be allowed .
House Numbering.
House
numbers.
40. Every owner or occupier of any tenement shall allow
[ See 8 of 58. such tenement to be numbered with such number and in such
7. ] manner as the assessor shall from time to time direct.
RATING [ 15 OF 1888. ] 1049
41. The owner or occupier of such tenement shall allow the Maintenance
maintenance or alteration of such number to the satisfaction of of numbers.
the assessor, and shall not alter, conceal , remove, deface, or
obliterate it .
Penalties.
42. The penalties hereinafter mentioned for offences against Penalties.
[ See 21 of
this ordinance shall be recoverable in a summary way before a $3.5.]
Magistrate at any time within two years from the commission of 18(No.17
90.)
of
the offence.
1. Any owner or occupier of a tenement who refuses or
neglects to furnish the particulars required by section 3
shall be liable to a penalty not exceeding one hundred
dollars.
2. Any person who shall knowingly furnish any false or
incorrect particulars specified in form A. ( 1) of Ordi
nance No. 15 of 1888 shall be liable to a penalty not
exceeding one hundred dollars for each tenement in re
spect to which such false or incorrect particulars are
furnished.
3. Every owner or occupier of any tenement refusing to
exhibit when required to the assessor any receipt for
rent or any book or other document relevant to the valua
tion shall be liable to a penalty not exceeding one hun
dred dollars .
4. Any person who shall prevent, hinder , or obstruct the
assessor from entering, inspecting, and measuring any
tenement, after delivery of due notice of his intention to
do so , and after the lapse of twenty- four hours from
such notice, shall be liable to a penalty not exceeding one
hundred dollars.
5. Any person who shall prevent, hinder, or obstruct the
numbering or the maintenance or alteration of the num
ber of any tenement, shall be liable to a penalty not
exceeding twenty -five dollars.
6. Any person who shall conceal, remove, deface or obliterate
the number of any tenement, shall be liable to a penalty
not exceeding ten dollars; and also, in cases where such
concealment or obliteration arises from the act of the
owner or occupier of such tenement, shall be liable to a
penalty of one dollar for each day during which it is
continued .
1050 [ 15 OF 1888. ] RATING .
Service of
notices.
43. Any notice required by this ordinance to be served upon
([ See 21of 85. the owner or occupier of any tenement shall be served on the
30.] owner of such tenement if he can be found, or if not, on the
occupier. Service on the occupier may be effected by leaving
such notice at the tenement, or by sending it to such tenement
through the post. Service on the owner may be effected by
leaving such notice at his usual address, or by sending it to
such address through the post.
Proof of
service . 44. A receipt for any notice signed or stamped by any officer
of the Post Office shall be primâ facie evidence of the service of
such notice at its address , except for the purposes of section 25 .
Misnomers,
&c. , not to
45. No misnomer or inaccurate description of any person ,
affect the place , or tenement, in any document required for the pur
execution of poses of this ordinance, nor any mistake,informality ,or omission
nance . committed in any proceeding had hereunder, shall invalidate
[21of 85.31.] or prejudice such document or proceeding, or in anywise affect
the execution of this ordinance, provided that such person ,
place, or tenement be designated in such document or proceeding
to common intent and understanding, and that such mistake,
informality, or omission be not of such a nature as to prevent
the requirements of this ordinance from being substantially
complied with.
Judges may
act in certain 46. No Judge shall be incapable of acting in his judicial
cases relating office in any proceeding, whether commenced before or after
to rates.
[21 of 85. 35.] the passing of this ordinance, by reason of his being, as one of
several rate-payers , or as one of any other class of persons, liable
in common with others to contribute to or to be benefitted by
any rate which may be increased , diminished, or in any way
affected by such proceeding .
Regulations. 47. The Governor in Council may , from time to time, make,
(21 of 85. 32.) alter, and repeal regulations for the better carrying out of the
provisions of this ordinance. All such regulations shall be
published in the Gazette, and when so published shall have the
force of law .
Form
A.
(1)
c.
,&
BUILDINGS
FOR
18
YEAR
ASSESSMENT
THE
OF
FOR
30th
June
.to
1st
July
Το
I the
in
tenements
these
to
relating
particulars
with
me
furnish
of 888
1equire
Ordinance
Rating
The
pursuance
,IrIn
you
nd
,areturn
below
specified
manner
at
me
to
same
the .
hereof
date
the
from
days
ten
within
Hongkong
, 188
Assessor
.
HOUSES
,ARETURN
UNDERSIGNE
THE
WHICH
OF
HONGKONG
IN
.LANDS
OCCUPIER
OR
OWNER
BISUILDINGS
ND D
2 3 4 5 6 7 8 9 10 11
for
Rent
Total
.
Street Lot
.
Description
of current
the is
Tenement
the
If
the
If
whole
Tenement
. the
If the
for
month sub
,w
-divided
hat Tenement
let
is
or
Whether
Dwelling
1. If and
Name Tenement
is whole leased
,the
of
Period
Owner's Godowns of Tenement
.
from
the
percentage
of
No. ont
with
House Calling dsub
- ivided ,when
Tennre
entered
distinguishing Garden
and
houses state ,occupier of
No.
state this
if
State Annual
Total
whethe
nd r
a,the
Assess Name
or
No. es upon er
consid
you
do
Rent
RATING .
.
ment ooccupied
,r
therewith Storage whether
owner TSub
- enants includ
Rates
, in
kept
are
premis
portio
from
lose es
ns
Des Tenement
.of other
or
Warehouse
2. .
Capacity .
Lessee
or and
Rent
paid the
of
por
any
if
and
Tenem
repair ent
being you
No. .
Name No. eription
. owner
the
by
,etc.
Building .by
each te
oceupied
. .
void
times
at
separately is
nement cost
own
his
.at
.
unoccupied
[ 15
>
Signature
Owner
of
Occupier
.or
OF
of
isof
respect
in
tenement
each
00
false
affor
to
liable
particulars
incorrect
or
$1ine
furnishes
knowingly
who
person
Any
Note.-
ten
17 days
above o
information
within
furnished
].Iisnot
1890
of
particulars
[Nthe
furnished
are
false
such
which,nfo.
incorrect
or
.
allowed
be
will
assessment
the
from
appeal
1888.]1051
1052 [ 15 of 1888. ] RATING .
Form A. (2)
FOR PIERS IN THE HARBOUR.
PARTICULARS AS TO THE PRIVATE WHARF OPPOSITE
MARINE LOT No. OWNED BY
( Reply here.)
1. State the length, breadth , and superficial area of the
wharf.
2. How much of the length or breadth is available for
the berthing of vessels ?
3. How many steamers or other vessels made use of the
wharf for the 12 months ending ..
4. What was the average toll charged for each ?
Is the wharf used for packing merchandise ?
6. What is the Crown Rent ?
7. What is the state of repair ?
8. What do you consider a fair annual rental (gross) ?
9. Have you allowed for the value of this pier in making
a return of the value of any other tenement, if so, name
such tenement and state to what extent such addition to
its value was made.
Occupier.
Form B.
FOR THE ASSESSMENT OF THE YEAR 18 .
Το occupier of
I hereby give you notice under the provisions of section 3 of the Rating .
Ordinance, 1888 , that I require permission to enter upon the above tenement
for the purpose of inspecting the same, so as to enable me to fix the valuation
thereof for the year 188 : and that I intend to enter upon the said tenement
on next between the hours of and
Assessor.
Hongkong , the 188
Form o .
VALUATION FOR THE YEAR 188
( July 1st to June 30th )
UNDER THE RATING ORDINANCE, 1888.
To
or occupier or holder of the tenements enumerated below. You are informed
that the tenements specified below have been assessed to the rates for the
above year at the rateable values separately entered against them.
Date
Assessor,
1053
RATING . [ 15 of 1888. ]
No. of
Lot. Street . Description Ratcable
of Remarks .
Asst. Value.
Description . No. Name . No. Tenement.
Form D.
THE RATING ORDINANCE, 1888 .
Application for Refund of Rates.
Hongkong, 188
Sir,
I request that you will refund the rates paid on the tenements and for the
periods named below. Notice has already been given you that those tene
ments were vacant during the periods stated, which do not include any broken
month .
I am , & c .,
Owner or Agent.
To the Treasurer.
No. Street. Period for which refund is claimed . C.
* Received the above amount.
Owner or Agent.
NOTE.-If there are more houses than can be entered on the above form
write on the back of this. This application must be made during the first
fifteen days after the expiration of the qnarter during which the tenements
were vacant.
* This receipt must not be signed till the claim has been allowed by the
Treasury.
1054 [ 15 OF 1888. ] RATING .
( 16 OF 1888. ] EUROPEAN DISTRICT RESERVATION .
Form E.
THE RATING ORDINANCE, 1888.
Permission is requested to make the following corrections in the valuation
list for the year 188 • I declare that such corrections are of clerical errors
only, and that thevalues as so corrected are, to the best of my knowledge
and belief, full and fair valuations of the tenements named below, and are
correct in every particular.
Assessor.
Declare before me
Justice of the Peace.
Tenement.
Ass . Existing Corrected Reasons for
No. entry . entry. the corrections.
No. Street.
Approved
Governor.
No. 16 OF 1888.
An Ordinance for the reservation of a European Dis
trict in the City of Victoria.
[ 5th May, 1888. )
Preamble. HEREAS the health and comfort of Europeans in a
W tropical climate demand conditions which are incon
sistent with the neighbourhood of houses crowded with occu
pants and otherwise used after the manner customary with the
Chinese inhabitants, and whereas the influx of Chinese into the
Colony tends constantly to narrow the area of the City of Vic
toria where such conditions are attainable, and it is desirable to
reserve by law a district wherein such conditions
*
*
may be*
secured :
Title. 1. This ordinance may be cited for all purposes as The Eu
ropean District Reservation Ordinance.
Definitions. 2. In theconstruction of this ordinance , the words City of
Victoria shall mean the City of Victoria as defined by section 6
of The Regulation of Chinese Ordinance, No. 13 of 1888. The
EUROPEAN DISTRICT RESERVATION. ( 16 of 1888. ] 1055
words Chinese Tenement shall mean any tenement of the type
usually designed for habitation by Chinese other than domestic
servants. The words European District shall mean that portion
of the city which is situated on the southern or south eastern
side of a dividing line beginning from a point on the Pokfoolum
Road at No. 1 Bridge and passing along the Pokfoolum Road,
High Street, and Bonham Road, as far as Ladder Street, thence
along the northern boundaries of Inland Lots Nos. 573 and 574
and bisecting Inland Lots Nos. 523 , 423 , 157 and 94, thence
along the northern boundaries of Inland Lots Nos. 100, 1086 ,
122 and 123, thencealong Shelley Street and along the northern
boundary of Inland LotNo. 125, thence along Chancery Lane,
Arbuthnot steps, Wyndham Street, Ice House Lane , Battery
Path, Beaconsfied steps and the north boundary of the Military
Parade Ground, thence along Queen's Road East as far as Inland
Lot No. 73, thence along the western, southern, and eastern
boundaries of the same, thence along Queen's Road East as far
as the west boundary of Inland Lots Nos. 47A and 47 , thence
along a line parallel with and 200 feet to the north of Kennedy
Road as far as the Wantsai nullah and thence along Kennedy
Road to its junction with Queen's Road East, and which divid
ing line is more specially set forth and denoted in the official map
of the City of Victoria to be signed by the Governor and to be
registered in the Land Office of the Colony. The words “ [Till [No. 26 of
District” shall mean the district bounded on the east by the Wantsai 1888.]
and Aberdeen Valleys, on the west and south by the carriage road
from the City of Victoria to Pokfulum Police Station and thence
by a line passing over the Pokfulum Reservoir Dam along the
600 feet contour level as far as the Aberdeen Valley, and on the
north by the European district of the City of Victoria as defined in
this section .
3. After the passing of this ordinance it shall not be lawful Building of
to build any Chinese tenement within the European District Chinese tene
or Hill District, and no non-Chinese tenement whether now European
pro
built or hereafter to be built within such European District or dibirect.
Hill District shall be divided with the object of providing for its [No. 26 of
occupation by more than one person to every one thousand cubic 1888.1
feet of clear internal space, nor shall such non - Chinese tenement
be at any time occupied by more than one person to every one
thousand cubic feet of clear internal space.
4. Upon the complaint of any person-whether such person Surveyor
be aggrieved or not — that a Chinese tenement has been built inspection
General's of
within the European District or Hill District or that any tene- tenement.
ment in such district is sub-divided, or is occupied by an undue [ No. 26 of
number of persons in contravention of the provisions of this 1888. ]
ordinance, it shall be lawful for the Surveyor General or any
1056 [ 16 or 1888. ) EUROPEAN DISTRICT RESERVATION .
officer deputed by him for the purpose, to inspect such tene
ment, and any person in any way obstructing such inspection
shall be deemed to be acting in contravention of this ordinance.
Penalties.
5. Every person contravening any of the provisions of this
ordinance shall be liable on summary conviction by a Magis
trate to a penalty not exceeding one hundred dollars or in
default of payment to imprisonment not exceeding three months
and every tenement built, sub -divided or occupied in contra
vention of this ordinance shall be deemed aa nuisance within the
meaning of Ordinance No. 8 of 1856 which nuisance may be
abated accordingly.
Existing 6. Nothing in this ordinance shall be held to prevent the
tenements ,
repairs, and
Chinese
owners of Chinese tenements now existing within the European
owners . District or Hill District froin repairing such tenements in accord
[ No. 26 of
1888.]
ance with their present structure nor shall anything in this
ordinance be held to preclude any Chinese or other person from
owning or occupying or residing in, any lawful tenement in the
European District or Hill District.
Land in
7. This ordinance shall not apply to any land in the occupa
occupation of tion of the War Department but shall apply to any land now
ment.
in the occupation of the War Department whenever any such
land ceases to be in such occupation .
As to existing 8. Nothing contained in this ordinance shall be held to affect
practice of
submitting the right, which has hitherto been exercised by the Government,
plans to of forbidding the erection in any part of the Colony, ( whether
Surveyor
General.
[ No. 26 of
in the European District or Hill District or elsewhere) ofbuild
1888. ] ings of a different character from those previously existing on
the same site, or the practice which has hitherto existed of
submitting plans for the erection of new buildings or the alter
ation of old ones for the approval of the Surveyor General , and
such right is hereby expressly declared to exist, and such
practice is declared to be obligatory.
Any person erecting any new buildings or making any sub
stantial alteration in any buildings already existing without the
approval of the Surveyor Generalinrespect of the plan of such
buildings or alterations having been first obtained, shall be liable
on summary conviction to a fine not exceeding five hundred
dollars, and to a further fine not exceeding one hundred dollars
for each week subsequent to such conviction during which such
buildings remain in situ without the authorization of the Sur
veyor General as aforesaid.
Buildings for 9. Notwithstanding anything in this ordinance contained,
useful public
purpose other the Governor may, in his discretion, permit the erection within
than habita .
tion , the European District or Hill District of buildings of any type
[ No. 26 of
1888. ]
of architecture if he be satisfied that they are intended for a
useful public purpose, other than habitation .
CORONER'S ABOLITION . [ 17 OF 1888. ] 105 7
No. 17 OF 1888 ,
An Ordinance entitled The Coroner's abolition Ordinance, 188
( See9.)No. 7 of
1888.
[ 9th June, 1888. ]
W!HEREAS it is expedient to abolish the office of Coroner Preamble.
and to provide for the discharge of the duties thereof
***
by the Magistrates :
1. Magistrate in this ordinance shall mean any Magistrate Definition .
appointed by the Governor to discharge the duties of Coroner,
or, in his absence or inability to act, any Police Magistrate.
2. From the time of the coming into force of this ordinance Office of
the office of Coroner and all incidental offices thereto attached abolished
Coroner .
shall be abolished .
3. The duties hitherto performed by the Coroner shall be Duties to be
performed by the Magistrates or either of them as the Governor Magistrates.
performed by
may from time to time direct, and the Magistrates shall have,
in relation to such duties, all the powers and privileges a Coroner
had by law at the time of the coming into force of this ordinance .
4. The Governor may from time to time by order under his Places for
hand set apart suitable places for the reception of dead bodies post mortem ,
30 V.
for the purpose of post mortem examination , and may make 38c. 90. 9. 20;
and 39
regulations for the management of such places. When any C. 55.8. 143.
such place has been set apart the Magistrate may order the
removal of any dead body to and from such place for the pur
pose of any post mortem examination , and may order the cost
of such removal to be defrayed from public funds.
5. The Superintendent of the Civil Hospital or such other Preliminary
medical officer as may be appointed by the Governor for the ofexamination
bodies.
duty, shall, on receiving any dead body, make a preliminary (7 of 68. 7.)
external examination thereof, and report in writing to the
Magistrate, who may,if he considers it necessary , order an
autopsy, the medical officer making which shall further report
to the Magistrate on the cause of death.
6. Whenever any person shall die suddenly, or by accident Sudden or
or violence, or under suspicious circumstances, or whenever violent
deaths.
any dead body shall be found within the Colony or shall be (sre No.7 of
brought into the Colony, the Magistrate may , if he considers 1889. ]
an enquiry to be necessary, enquire into the cause of death of
such person without a jury, or if he shall think fit with a jury
of three persons as hereinafter provided, and ( in his discretion )
with or without view of the body, and may determine the cause
1058 [ 17 of 1888. ] CORONER'S ABOLITION.
of death , and make such order with regard thereto as he shall
[6'V. c. 12. consider necessary. Suchenquiry may be held notwithstanding
8. i .]
that the cause of death did not arise within the Colony.
Deaths in
Gaol and 7. Whenever any prisoner shall die in gaol, and whenever
executions. any person shall suffer capital punishment, the Magistrate sball,
[11 of64. 27.) within 24 hours ( or 48 hours if a Sunday intervene) with a
jury of three persons as hereinafter provided , view the body
and enquire into the cause of death, and may make such order
in relation thereto as he may consider necessary .
Panel for 8. Whenever aa Magistrate shall require a jury under section
jury .
( 7 of 68. 4. ] 6 or 7 , the Registrar of the Supreme Court shall , on receipt of
a requisition from such Magistrate, draw from the Common
Jurors Ballot Box for the year the names of six jurors to form
a panel , which panel the Registrar shall transmit to the Magis
trate. All the provisions of The Jury Consolidation Ordinance,
No 18 of 1887, shall apply, as far as may be, to such drawing,
in the same manner as if the jurors were required for a common
jury in the Supreme Court.
Summoning
juries.
9. The Magistrate's clerk shall, before the holding of any
[7 of 68. 5 ; enquiry under this ordinance at which a jury may be necessary,
îi of 64. 28.) issue forms of summons according to the form in the schedule
hereto, requiring the attendance of the jurors drawn , and every
such summons shall be personally served upon or left at the
usual place of abode of the juror so summoned . Any juror
failing without reasonable excuse to attend at such enquiry or
at any adjournment thereof shall be liable to a fine not exceed .
ing twenty -five dollars, which may be recovered in a summary
[ 7 of 68. 4. ] way before a Magistrate, but the Magistrate before whom the
juror is required to attend may remit such fine if he see fit so
to do. The Magistrate shall select the three jurors required
from the panel by ballot, and may, if necessary , require any
bystander to serve as a juror, but no officer of the gaol or
prisoner confined therein shall serve as a juror in any such
enquiry.
Procedure 10. The jury required by the foregoing section may be sworn
with a Jury.
or declared according to the form of oath or declaration pro
vided in the schedule hereto, which may be administered to two
or more jurors at once.
Procedure. 11. Whenever an enquiry is made under this ordinance with
(31 V. c. 24 .
8. 5.) jury it shall be the duty of the Magistrate making such
enquiry to record in writing the findingof the jury and the
[ See No. 7 of duty of the jurors to sign the same. In cases under section 7
1889.)
it shall be the duty of the Magistrate to furnish to the Super
intendent of the Gaol a copy of the finding of the jury signed
by him .
CORONER'S ABOLITION. [ 17 OF 1888. ] 1059
12. The Magistrate may adjourn any enquiryfrom time to Adjourn ments
time, and may, if he consider it necessary, use the same jury 7(7 of68,6. ]
for a second enquiry.
13. The Magistrate shall have, in relation to the enquiries Powers of
provided for in sections 6 and 7 the same powers in all respects Magistrate.
as he possesses or may possess in relation to any other
proceedings taken before him, and may, at the conclusion of any
such enquiry, commit any person for trial at the Supreme Court
without further proceedings before himself or any otber Magis
trate .
14. The Magistrate shall not order the interment of the body Burials.
of any person otherwise than in some public cemetery within c(45
. 19,and
ss. 46 V;
2, 4.]
the Colony, and in the ordinary and customary manner in
which persons of the same nationality are commonly interred,
provided always that this section shall not be so construed as
to require the performance of any religious rite at the interment
of the body of any person buried by order of a Magistrate under
this ordinance, or to alter the laws and usages relating to religious
ceremonies at the burial of such persons.
15. No inquisition shall be necessary in any enquiry by a Inquisition
Magistrate under this ordinance, and no committal under this abolished .
ordinance by any Magistrate shall be held to be bad on the
ground thatno inquisition was drawn up.
16. Any person who may have been committed for trial at Copies of
the Supreme Court by any Magistrate under this ordinance on depositions.
[22 V. c. 33.
a charge of murder or manslaughter shall be entitled to have at 8.3.)
any time from the Magistrates' clerk copies of the depositions
on which such committal shall have been made, on payment of
a reasonable sum for the same, not exceeding five cents for
every folio of pinety words.
17. When any person shall be committed for trial at the Trial &c.
Supreme Court by a Magistrate under this ordinance on a charge when carasout
of murder or manslaughter, or as accessory before the fact to of the Colony.
any murder, in any case in which the cause of the death enquired s. 3. ;) c. 12.
64
into did not arise within the Colony , the Magistrate, the Judges
and officers of the Supreme Court , and all other persons or
authorities shall have the same powers respectively for the
commitment of, trial of, and execution of the sentence upon the
person so charged as they now or hereafter may by law possess
in relation to the commitment of, trial of, and execution of the
sentence upon any person committed and tried for murder or
manslaughter where thecause of death arose within the Colony.
18. The following fees shall be payable to any duly qualified Fees for
medical practitioner not an officer of the Government of the medicale .
Colony who has made any autopsy in pursuance of an order (7 of68,8.]
1060 [ 17 of 1888. ] CORONER'S ABOLITION .
from the Magistrate under section 5 , or who has attended any
enquiry, on summons, as a medical witness ;
For an autopsy $ 10
For attendance to give evidence ......... $ 53
* X *
SCHEDULE .
SUMMONS TO JUROR .
Mr. A. B.
You are hereby summoned to appear as a juror at an inquiry to be held by
a Magistrate concerning the death of one C. D. at
in this Colony on 188 at o'clock, and there to
attend until you shall be discharged .
( Signed ) E. F.
Magistrate's Clerk.
N.B.-The penalty for disobedience hereto is any sum not exceeding
twenty - five dollars. Personal service of this summons is not necessary
to subject the juror summoned to this penalty.
OATH FOR JURORS .
You shall diligently enquire and true presentment make of all such matters
and things as shall be here given you in charge, on behalf of our Sovereign
Lady the Qncen , touching the death of now lying dead
[ of whose body you shall have the view ]. You shall present no man for
batred, malice, or ill-will ; nor spare any through fear, favour or affection ;
but a true verdict give according to the evidence and the best of your skill
and knowledge. So help you God .
DECLARATION .
I do solemnly, sincerely, and truly declare that I will diligently, enquire
and true presentment make of all such matters and things as shall be here
given me in charge, on behalf of our Sovereign Lady the Queen, touching
the death of now lying dead [of whose body I am to have the view] I
will present no man for hatred, malice, or ill-will; nor spare any through
fear, favour, or affection ; but a true verdict give according to the evidence
and the best of my skill and knowledge.
FIRE ENQUIRY . [ 23 of 1888. ] 1061
No. 23 of 1888.
An Ordinance to authorize in certain cases judicial
investigations into the causes of fire.
[27th October, 1888. ]
*
in cases of
1. Whenever a fire shall have taken place, or shall have been fire Captain
attempted, the Captain Superintendent of Police shall as soon as Superintendo
ent of Police
possible take possession of the premises where the fire is supposed
to have originated or have been attempted , to the exclusion, if tothereport
Magis to
he shall deem it necessary , of the owners and all others ; and trate.
shall make or cause to be made, personally, or by some officer
of not lower grade than an inspector of Police, a full and minute
inspection of the said premises , and shall forth with make a
written report in detail to a Magistrate of the state of the said
premises and of the contents , if any, thereof, furnishing also
all such information touching the origin and circumstances of
the fire as he may be able to obtain .
2. Upon the receipt of such report the Magistrate, unless Investigation
upon a consideration of the facts stated therein he is clearly of thebemadeby
opinion that the fire was caused by accident, shall proceed to trate.
investigate the causes of the fire and shall, within the shortest
possible delay, take the depositions upon oath of all persons
likely to know the facts and circumstances, and of all other
persons who in his opinion may furnish information in respect
thereof.
3. It shall be lawful for any inspector of Police, or for any Examination
interested person present at such investigation, with the leave by
ofwitnesses
interested
of the Magistrate, to examine the witnesses, and to cause such parties.
persons to be examined as may give due and proper information
touching such case of fire.
4. If in the opinion of the Magistrate the investigation does Dismissal of
not disclose any offence or, although it disclose an offence, does theinforma
not show any reasonable cause for giving the order in the next
section mentioned , the Magistrate shall dismiss the information,
and order the release of the premises.
Provided that such dismissal shall be no bar to a subsequent
information of a like nature, or to an information against any
person or persons for an offence against the law .
5. If in the opinion of the Magistrate the fire shall have been Order of
the result of a crime, and there is reasonable cause to suspect, prosecution,
and he shall suspect any person or persons of such crime, he
shall order aa prosecution to be instituted before another Magis
trate against such person or persons for such crime.
1062 [ 23 OF 1888. ] FIRE ENQUIRY.
1 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION .
Previous en 6. The evidence taken on an enquiry by the Magistrate under
quiry not to
be evidence. the provisions of section 2 of this ordinance shall not in any
way be used against the person or persons against whom any
subsequent criminal proceedings may be taken .
Judicial
investigation
17. No Magistrate who has made a judicial investigation and
and order of given an order in any matter under section 5 of this ordinance
prosecution
shall not be
shall conduct the preliminary inquiry upon any such charge of
causes of crime, but the same shall be conducted by another Magistrate.
challenge.
Power to
8. For the purposes of this ordinance, and in relation to all
witnesses, & c. investigations held thereunder, and for the summoning of
witnesses and for all proceedings in connection with such
investigations, the Magistrate shall have all the powers possessed
by a Magistrate in relation to the holding ofpreliminaryenquiries
in cases of indictable offences, and the Captain Superintend
ent of Police shall render to him all proper and necessary
assistance.
Removing 9. Except upon an order from a Magistrate, who may in his
property.
discretion on good cause shewn give such order, any person
removing, or attempting to remove, any property from premises
in possession of the Police under the provisions ofthis ordinance,
shall be liable on summary conviction before a Magistrate to a
penalty of not exceeding $ 100, or to imprisonment with hard
labour for any term not exceeding 6 months.
No. 1 OF 1889 .
[Amended by AnOrdinance to consolidate the Law relating to Chinese
Ord . No. 22
of 1890. ] Passenger Ships, and the Conveyance of Chinese
Emigrants.
[ 18th January, 1889. ]
PRELIMINARY .
Short title. 1. This ordinance may be cited for all purposes as The Chinese
Emigration Consolidation Ordinance, 1889.
Interpreta 2. In the interpretation of this ordinance :
tion clause.
( 18 & 19 Vic.
c . 104. No. 5
The term Chinese Passenger Ship, shall include every ship
of 1874 , s. 2. ) carrying from any port in Hongkong, and every
British ship carrying from any port in China, or
within one hundred miles of the coast thereof, more
than twenty passengers being natives of Asia ;
1063
CHINESE EMIGRATION CONSOLIDATION. ( 1 of 1889. )
The term Fittings shall include any article capable of being [ Ibid. sec. 2.)
used as part of the tackle, apparel, furniture, or equip
ment of a ship ;
The expression Prohibited Fittings shall mean any fittings [ Ibid. sec. 2. ]
prohibited by this ordinance , or by a proclamation of
the Governor ;
The expression Emigration Officer shall include any person (Ibid. sec. 2.)
deputed or authorized by the emigration officer to
execute any power or perform any duty vested in or
imposed upon him by this ordinance ;
The word Colony shall include all Her Majesty's posses- [18 & 19 Vic.
sions abroad not being under the Government of the C:of 104, No.5
1874 , s. 1.)
Viceroy of India ;
The word Governor shall signify the person for the ti:ne [Ibid.sec.1.]
being lawfully administering the Government of such
Colony ;
The term British Consul shall include any person lawfully (Ibid. sec. 1.]
exercising Consular authority on behalf of Her Ma
jesty in any foreign port ;
The word Ship shall include all sea-going vessels ; [ Ibid. sec. 1.]
The word Building, in relation to a ship, shall include the 1874,
(No. 5s. of15. )
doing any act towards or incidental to the construc
tion of aa ship , and all words having relation to build
ing shall be construed accordingly ;
The word Equipping, in relation to a ship, shall include [Ibid. s. 15.]
the furnishing a ship with any tackle , apparel, furni
ture, provisions, arms, munitions, or stores, or any
other thing which is used in or about a ship for the
purpose of fitting or adapting her for the sea, and all
words relating to equipping shall be construed ac
cordingly ;
The words Ship and Equipment, shall include a ship and [Ibid. 8. 15.]
everything in or belonging to a ship.
The term Commander or Master of any Ship shall include
any person for the time being in cominand or charge
of the same .
Definition of a voyage within “ The Chinese
Passengers Act.
3. Any Chinese passenger ship clearing out or proceeding to Definition of
sea from any port in this Colony and every British Chinese voyage.
5 of
passenger ship clearing out or proceeding to sea from any port 1874,8. 3.)
in this Colony, or in China, or within a hundred miles of the 1889
No.. )25 of
1064 [ 1 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION .
coast thereof, on any voyage or voyages to any other port or
ports for the purpose of commencing at or from any such port
or ports as last aforesaid a voyage of more than seven days'
duration shall be deemed to have cleared out or proceeded to
sea upon the said last mentioned voyage from the said first
mentioned port within the meaning of “ The Chinese Passengers
Act, 1855.
Definition of
voyage of 30
4. Voyage of not more than 30 days' duration sball mean
days. and include any voyage which in pursuance of the 3rd section
(No. 1 of
1878 s. 2. ] of " The Chinese Passengers Act, 1855,” is for the time being
declared to be a voyage of not more than thirty days' duration.
PART I.
REGULATIONS UNDER “ THE CHINESE PASSENGERS Act."
Notice of ship 5. The owners or charterers of every Chinese passenger ship
laid on
as aChinese proceeding on a voyage of more than seven days duration or if
passenger
ship to be
absent from the Colony their respective agents, shall as soon as
given to such ship is laid on for the conveyance of Chinese emigrants
Emigration
Officer. give notice in writing of the fact to the emigration officer
[ No. 5 of
1874 8. 4.]
specifying in such notice the name, destination and probable
( No. 25 of
time of departure of such ship, and in all cases where such
1889. ] intending emigrants are under contracts of service, of the depôt
or depôts in which such intending emigrants are lodging or
intended to be lodged before embarkation.
No Chinese
passenger
6. No Chinese passenger ship shall clear out or proceed to
ship to sea on a voyage ofmore than seven days' duration and the emigra
proceed to tion officer shall not grant the certificate prescribed by section
sea without
licence from a 4 of " The Chinese Passengers Act 1855 ," unless the master
theGovernor. of such ship shall be provided with a licence under the hand of
[ Ord. 5 of
1876 s. 2. ) the Governor and the public seal of the Colony, or under the
[ See No. 25 hand and seal of an emigration officer, to be obtained in manner
of 1889. ] hereinafter mentioned .
Time and 7. Whenever any Chinese passenger ship is about to proceed
mode ofappli- to sea upon any voyage of more than seven days' duration, the
licence in the owners or charterers of such ship, or, if absent from the Colony ,
Colony.
[ Ibid. sec. 2 their respective agents , shall, before such ship is laid on for the
subs. 2.] conveyance of Chinese emigrants , and before any depôt is opened
for their reception, apply in writing to the Colonial Secretary
for a licence under the hand of the Governor and the public
seal of the Colony for the conveyance of such emigrants and
[ No. 25 of
1889.) shall furnish all particularsaccording to the form in schedule A
hereto as to the destination of the said ship and as to all other
matters relating to the intended voyage and emigration which
may be required of them .
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ] 1065
8. Whenever any Chinese passenger ship, which is not pro- Time and
mode of appli.
vided with a licence covering her intended voyage, is about to cation for
proceed with free Chinese emigrants under no contract of service licence at
whatever from any port in China, or within one hundred miles ports outof
of the coast thereof, upon a voyage of not more than thirty subs. [Ibid,3.sec. 2
days' duration, the owners or charterers of such ship, or, if
absent , their respective agents, shall, before such ship is laid on
for the conveyance of Chinese emigrants, and before any depôt
is opened for their reception , apply in writing to the emigration
officer at such port for a licence under his hand and seal for the
conveyance of such emigrants upon the intended voyage only,
and shall furnish all particulars as to the destination of the said
ship, and as to all other matters relating to the intended voyage
and emigration which may be required of them according to
the form in schedule A hereto.
9. All such particulars shall , if so ordered, be verified upon Punishment
oath of declaration before the emigration efficer or any Justice fortfurnishing
of the Peace who are hereby authorised to administer such oath particulars.
4. ] 2
lbid,sec.
or declaration, and every person who shall knowingly furnish subs.
untrue particulars, shall be liable to imprisonment, with or
without hard labour , for any period not exceeding six calendar
months , and to a fine not exceeding one hundred dollars, either
in addition to or in substitution of such imprisonment .
10. The Governor in Council may, in his discretion, grant General
to any vessel a general licence for any period, or for any number [(Ibid.sec. 2
of voyages, or for voyages to and from any specified port or subs.5.]
ports, upon the condition that the vessel provided with such
licence shall carry only free passengers under no contract of
service whatever, except as hereinafter mentioned.
11. The granting of any licence shall be in the discretion of Governor's
the Governor in Council, and shall be subject to the payment condition and
of a fee of five dollars, and to such conditions as may , from fees.
6. ) . 2
time to time, be prescribed under instructions from Her Majesty's subside.sec
Principal Secretary of State for the Colonies , and the Governor
in Council may impose such conditions on the granting of any
licence as he shall think expedient in each particular case , pro
vided the same shall not be contrary to or inconsistent with
such instructions .
12. The granting of any licence under section 8 shall be in Emigration
the discretion of the enigration officer and shall be subject to a officer's
licence, con
payment of a fee of five dollars and to such conditions as may ditions and
from time to time be prescribed , and the emigration officer may
impose such conditions on the granting of the application as he
shall think expedient in each particular case, provided thesame
shall not be contrary to or inconsistent with such instructions .
1066
[ 1 of 1889. ] CHINESE EMIGRATION CONSOLIDATION.
Licence to 13. Every licence, other than a general licence, granted under
specify time
of departure ; this ordinance in respect of any Chinese passenger ship shall
proviso for specify the period within which such ship shall clear out and
extension
thereof. proceed to sea : provided always that it shall be lawful for the
[Ibid.7. ]sec. 2 Governor in Council , or emigration officer who granted the
subs.
licence, from time to time, to extend such period .
The Governor 14. The Governor in Council may, in his discretion authorize
may authorize
labourers and any person to engage any specified number of Chinese artisans,
servants to be meclianics, labourers, or servants for any person resident in any
engaged for
persons in
British
British possession, and to make contracts in writing on behalf
possessions.
of such resident with the persons so engaged. Every such
pavid.fec. 2 incontract
subs. 8. ]
shallofbethemade
the office in triplicate,
emigration andand
officer; one part
such shall
part beshall
lodged
be
admissible in evidence without a stamp.
Any vessel provided with a general licence may carry any
persons so engaged without thereby affecting her licence .
This 15. Nothing in this ordinance, shall prevent passengers,
ordinance
to preventnot natives of Asia, from travelling in the first class cabin of any
Chinese
passengers
vessel which is provided with a general licence, on the same
from terms as passengers of other nationalities ; or in the first or
travelling in
first or second
second class cabin, if the vessel carries more than two classes
class cabins of passengers.
as other
nationalities. Such passengers are hereby exempted from the necessity of
9. ] . 2 obtaining contract passage tickets, or of submitting themselves
lubidy.sec
to be mustered or inspected by any emigration officer, or medical
officer, or other person ,
Such passengers shall , however, be reckoned in calculating
the number of passengers, natives of Asia, who are carried by
the said vessel.
Power to
remove mas
16. In case it shall be shown to the satisfaction of the
ter or other
officer.
Governor in Council, at any time before the departure of a
[ Ibid. sec. 2
Chinese passenger ship proceeding on a voyage of more than
subs . 10.) seven days' duration that the master, mate, or any other officer
( No. 25 of of such ship is unfit for the proper discharge of his duties by
1889. ] reason of incompetency or misconduct, or for any other sufficient
cause , it shall be lawful for the Governor, by order under his
hand , to direct the dismissal and removal of such master, mate,
or other officer from the said ship, and thereupon the owners or
charterers thereof, or their agents, shall forthwith dismiss or
remove such master, or mate, or other officer, as the case may
be, and appoint another in his place to be approved by the
emigration officer, in the place of the one so discharged and
removed as aforesaid .
CHINESE EMIGRATION CONSOLIDATION. [ 1 OF 1889. ) 1067
17. In any of the following cases , namely :-- Power to
revoke and
( a. ) If it shall appear to the satisfaction of the Governor cancel
licence.
in Council, or of the emigration officer granting the [Ibid.sec.2
licence at any time before the departure of a Chinese subs. 11. )
passenger ship, that the particulars furnished to
him in relation thereto under the 7th section are
untrue, or that any condition of the said licence
has been violated ;
( 6. ) If any Chinese passenger ship shall fail to clear out
and proceed to sea, within the period specified in the
licence, or within such extended period as aforesaid ;
( c. ) If the owners or charterers of a Chinese passenger
ship shall fail forth with to dismiss or remove any
master, mate, or other officer ordered to be disinissed
or removed and to appoint a master, mate or other
officer to be approved as aforesaid .
It shall be lawful for the Governor in Council or the emigration
officer to revoke the licence granted by him in respect of such
Chinese passenger ship, and to order that the said ship be seized
and detained until her emigration papers ( if already granted )
be delivered up to be cancelled .
18. The breach of any condition of a licence granted under Breach of
any preceding section shall be deemed a breach of a regulation condition
licence. of
respecting Chinese passenger ships within the meaning of sub
[ Ibid. sec.2
s. 12. ]
section 2 of " The Chinese Passengers Act, 1855. "
19. It shall be lawful for the Governor in Council to apply the Application
whole or any part of the penalties recoverable under section 5 breach
of penaltofythis
for
66
of " The Chinese Passengers Act , 1855 ,” for the non -observance ordinance
or non- performance of the regulations made under this ordinance recoverable
under The
or the said act towards the expenses of reconveying to their Chinese
homes emigrants, who had intended or were intending to proceed Act, 1855."
in any [1bid.
vessel whose licence shall have been revoked in manner subs sec. 2
. 13. ]
hereinbefore provided .
20. For the purposes of special licences hereinafter mentioned Form of
the forms of emigration officer's certificate and of the master's emigration
bond contained in the schedules B and C hereto shall be sub- certificate,
stituted for the forms respectively contained in schedules B and master's
and of the
bond .
C , to “ The Chinese Passengers Act, 1855,” annexed. [ Ibid. sec. 8. ]
No. 25 of
1889.1
21. The Governor in Council may , in his discretion, and on Grant of
special to first
payment of a fee of five dollars, grant a special licence for any filence
period not exceeding twelve months, or for any number of class stea
subject&c.,
voyages to be performed within twelve months, tó any steamer mers, to
1068
( 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION.
regulation
schedule . in which is regularly employed in the conveyance of public mails
( No. 1 of 1878 under an existing contract with the Government of the state or
S.
3.] colony for which such mails are carried , or to any other steamer
which is approved by the Governor as a first class steamer.
Such special licence shall authorize the steamer named therein
to carry a limited number of free Chinese passengers upon
voyages of not more than thirty days' duration between ports
to be specified in the licence under and subject to the regulations
contained in the schedule D hereto.
The number of passengers to be carried shall be inserted in
the licence, and shall in no case exceed one passenger for every
ten tons of the registered tonnage of such steamer.
Power to 22. The Governor in Council may, if he think fit, annex any
conditions to special conditions to the granting of any special licence applied
grant of
licence .
for under this ordinance, and may cause such special conditions
[Ibid.sec.4.] to be specified in the licence: provided the same shall not be
contrary to or inconsistent with “ The Chinese Passengers Act
1855 ," or this ordinance.
Cancellation
of .
23. A special licence granted under this ordinance may, at
[ Ibid.sec.6.) any time, be cancelled by the Governor in Council in his
discretion.
Licensed
steamers
24. Every steamer to which a special licence is granted
relieved under this ordinance shall, during the continuance of such
from other
licence, be relieved from the regulations contained in schedule
[ Ibid.sec.6.]
. I hereto, but nothing herein contained shall be deemed to relieve
such steamer from the operation of any part of " The Chinese
Passengers Act 1855,” except the regulations in the said
schedule A thereto.
Breach of
regulations or
25. The breach of any regulation contained in the schedule
conditions. D hereto, or of any condition of a special licence, shall be
[ Ibid.sec. 7.] deemed to be a breach of a regulation respecting Chinese
passenger ships within the meaning of " The Chinese Passengers
Act 1855."
Inspecting 26. Whosoever impedes the emigration officer in the execu
emigration
officer. tion or performance of any of the powers or duties vested in or
[ Ibid .] imposed upon him by this ordinance, or any regulation there
under, shall be liable on conviction in a summary way to a
penalty not exceeding five hundred dollars for each offence , for
which no other punishment is provided .
[ A8 to Emigration Passage Brokers.
application
of seos. 27 to
38 see No. 25 27. No person shall act as a passenger broker, or in procuring
of 1889. ] passengers for, or in the sale or letting ofpassages in any Chinese
[ No. 25 of passenger ship proceeding on a voyage of more than seven days
1889. )
duration unless he shall, with two sufficient sureties, to be
1069
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ]
approved by the emigration officer, have entered into a joint act
No person
as a
to
and several bond in the sum of five thousand current dollars, passage
to Her Majesty, Her Heirs and Successors, according to the broker with.
form contained in schedule E hereto, which bond shall be out baving
renewed on each occasion of obtaining such licence as hereinafter aobtaine
bond danda
mentioned, and shall be deposited with the emigration officer; licence.
nor unless such person shall have obtained a licence to let or (Ord. 5 of
sell passages, nor unless such licence shall be then in force ; 1874 , s. 6. ]
and where different members of the same firm act as passage
brokers , each person so acting shall comply with the terms of
this section .
28. Any person wishing to obtain a licence to act as a How passage
passage broker shall make application for the same to the lic
broker's
ence may
emigration officer, and the emigration officer is hereby author- [beIbidobtained.
ized ( if he shall think fit) to grant such licence according .vid.subs.
to the form in schedule F hereto ; provided always, that no
such licence shall be granted unless such bond as in the last
preceding section mentioned shall have been first entered into :
provided also, that any Magistrate who shall adjudicate on Power to
any offence committed by such broker against this ordinance, toMagistrate
order
is hereby authorizedto order the offender's licence to be forfeited, licences to be
and the same shall thereupon be forfeited accordingly; and the forfeited .
said Magistrate making such order shall forth with cause notice
of such forfeiture, in the form in the schedule G hereto, to be
transmitted to the emigration officer, and such forfeiture shall
be exclusive and independent of any other punishment which
may be inflicted upon such offender under the provisions of this
ordinance.
29. Every person obtaining such licence as aforesaid, shall for
Feelicence.
to be paid
pay to the emigration officer a fee of two hundred current [ Ibid. subs.
dollars, which fee the emigration officer is hereby empowered 3.]
and required to demand and receive upon the issuing of any
such licence ; and the emigration officer shallpay all such fees
into the Colonial Treasury, to the use of the Crown.
30. Such licence shall continue in force until the 31st day How long
of December in theyear in which such licence shall be granted, licence is to
and for fourteen days afterwards, unless sooner forfeited as force.
hereinbefore mentioned . [Ibid. subs.
4.]
31. Every passage broker who shall or may receive money Contractfor
from any person, for or in respect of a passage in any Chinese tickets
passages
passenger ship, shall give to every such person a contract ticket, Ibid. subs.
under the hand of such passage broker, and stamped with his 5.]
seal or trade mark , -each ticket to be printed in a plain and
legible type , according to the form in the schedule H hereto ,
and to be accompanied with a translation thereof in the Chinese
language, in plain and legible characters .
1070 [ 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION .
Passage
broker to
32. Every such passage broker before he shall receive or
produce to take any money on account of any such passage, or for the sale
emigration
ofticer or letting of the whole or any part of the accommodation of or
certificate in any Chinese passenger ship proceeding from Hongkong, shall
that he has
chartered the produce to the emigration officer the certificate of the master
ship for
carrying
or owner of the ship, in respect of which such passage shall or
emigrants.
may have been taken , or the accommodation in which shall have
[ Ibid, subs. been so sold or let, to the effect that such ship has been chartered
6. ]
for the purpose of carrying emigrants , and that he, such passage
broker, is authorized to receive payment for such passage,or for
the sale or letting of the accommodation in such ship ; and such
certificate shall be filed in the office of the emigration officer.
Passage
33. On every occasion of the delivery to any passenger of
attend before such contract ticket as aforesaid ,the passage broker whoshall
emigration
officer for have engaged to provide such passenger with a passage shall
the purpose attend with him at the office of the emigration officer, in whose
of delivering
the contract presence the contract ticket shall be delivered to such passenger ,
tickets to
passengers.
and who shall explain to him the true intent and meaning of
[ Ibid, subs. such contract.
7. ]
Contract
ticket not to
34. No person shall fraudulently alter or cause to be altered ,
he altered . after it is once issued , or shall induce any person to part with
[Ibid. subs.
8. ] or render useless or destroy any such contract ticket, during
the continuance of the contract which it is intended to evidence.
Agent not to
act without
35. No licensed passage broker shall, as agent for any person ,
>
written whether a licensed broker or not, receive inoney for or on
authority,and account of the passage of any passenger on board a Chinese
to produce
his authority passenger ship, without having a written authority to act as
on demand .
[ Ibid. subs. such agent, or on the demand of the emigration officer, refuse
9. ] or fail to exhibit his licence and such written authority.
Misrepresen .
tation as to
36. No person shall, by any fraud, or by false representation
size of ship . as to the size of the ship or otherwise, or by any false pretence
[Ibid. ] whatsoever, induce any person to engage any passage as afore
said .
Notice of
every
37. Every emigration passage broker who shall contract
contract with with any intending emigrant for a passage in any ship shall
emigrants
be given to
to forth with give notice in writing to the emigration officer of
emigration
oflicer.
every such contract, specifying the name , age and sex of such
(Ibid. . subs.
. emigrant and the name of such ship.
10.]
Penalties for
, 38. All violations or disobediences of, or defaults in com
[Ibid.subs. pliance withi, the provisions of sections 27, 31, 32, 33 and 34
11. ) shall be heard and determined in a summary way ; and on con
viction of such offences, the respective offenders shall be sen
tenced to pay the several penalties, or in default of the pay
CHINESE EMIGRATION CONSOLIDATION . ( 1 of 1889. ] 1071
ment thereof, to suffer the several terms of imprisonment re
spectively hereinafter specified : ---
( a. ) For every offence against section 27 , a fine not exceed
.
ing four hundred dollars , or imprisonment for a
term not exceeding six inonths.
( 6. ) For every offence against section 31 , a fine not exceed
ing fifty dollars, or imprisonment for a term not
exceeding six weeks.
(c. ) For every offence against section 32 , a fine not exceed
ing one hundred dollars, or imprisonment for a term
not exceeding three months.
( d .) For every offence committed by a passage broker
against section 33 , a fine not exceeding onehundred
dollars, or imprisonment for a term not exceeding
three months .
( e. ) For every offence against section 31 , a fine not exceed
ing fifty dollars, or imprisonment for a term not
exceeding two months.
IIospital and Medical Inspection .
39. The Governor is hereby authorized to appoint, at e salary Governor
not exceeding two thousand dollars per annum , a medical officer authorized
whose duty it shall be to inspect intending emigrants and to a medical
supervise all matters and things in any way relating to the officer. 5
comfort and well - being of such emigrants before their departure [Ordinance
of 1874, s. 7,
and on their voyage, and such salary shall be in lieu of all fees. subs. 3.]
40. ( 1. ) In every Chinese passenger ship, except ships Hospital ac
about to proceed on à voyage of not more than thirty days' commodation
torbe proti
duration within the meaning of section 46 of this ordinance, vided.
there shall be a sufficient space properly divided off to the satis: i[Ibid.
.] subs.
faction of the emigration officerat theport of clearance, to be
used exclusively as a hospital or sick bay for the passen ers ;
this space shall be either under the poop, or in the round -house,
or in any deck -house which shall be properly built and secured
to the satisfaction of such emigration officer, or on the upper
passenger deck , and not elsewhere, and shall in no case be of
less dimensions than eighteen clear superficial feet for every fifty
passengers which the ship shall carry. Every such hospital
shall be fitted with bed places, and supplied with proper beds, and properly
bedding, and utensils, to the satisfaction of the emigration fitted up.
officer at the port of clearance, and shall throughout the voyage
be kept so fitted and supplied .
( 2.) In the measurement of the passenger decks, for the space for
hospitaltoin be
purpose of determining the number of passengers to be carried included
in any such Chinese passenger ship, the space for the hospital ofmeasurement
capacity for
shall be included .
passengers .
[ Ibid.subs.2 .)
1072 [ 1 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION.
Merlical 41. No Chinese passenger ship shall clear out or proceed to
examination
before sailing, séa on any voyage of more than seven days' duration , until the
sea
ibid. subs. proper medical officer as provided shall have certified to the
4. ]
emigration officer, and the said emigration officer shall not grant
his certificate unless he is satisfied, that none of the passengers
or crew appear by reason of any bodily or mental disease, unfit
to proceed or likely to endanger the health or safety of other
persons about to proceed in such vessel ; and a medical inspection
of the passengers for the purposes of giving such certificate shall
take place either on board the vessel, or, at the discretion of the
said emigration officer, at such time and on shore, before embarka
tion, as he may appoint; and the master, owner, or charterer
of the ship, shall pay to the emigration officer a sum at the rate
of twenty -five current dollars, for every hundred persons so
examined , and such emigration officer shall pay the same into
the treasury to the use of the Crown .
Medical ins
pection of
42. The medical inspection of emigrants under contracts of
emigrants service shall take place on shore before embarkation as well as
under con
tract of on board the said ship after embarkation and the emigration
(6
service. officer shall not grant the certificate required by “ The Chinese
( 1 bid . subs. Passengers Act, 1855 ,” unless he shall be satisfied that such
5.]
double inspection has been duly made, or has been dispensed
with by the sanction of the Governor.
No emigrant
to embark or
43. It shall not be lawful for any emigrant under contract
be received on of service to embark in any Chinese passenger ship, or for the
board without
a permit.
master or other person on board of a Chinese passenger ship to
[ Ibid . subs. permit any such emigrant to embark therein, unless such
6. ]
emigrant shall produce an embarkation permit from the emigra
tion officer , who shall not grant the same unless he shall be
satisfied that such emigrant has undergone on shore the medical
inspection required by law to be made before embarkation .
Emigration 44. The medical inspection of emigrants required to bemade
officer to
appoint time after their embarkation in any Chinese passenger ship shall take
for medical
inspection place at such time as the emigration officer shall appoint.
after embark
ation .
( Ibid . subs.
7. ]
Chinese
medical
45. Any Chinese medical practitioner properly qualified to
practitioner the satisfaction of the Colonial Surgeon shall be eligible, with
may be
surgeon of
approval of the Governor, for the office of surgeon of a Chinese
Chinese passenger ship for the purposes of “ The Chinese Passengers
passenger Act, 1855 " or of this ordinance.
ship.
[ Ibid, subs. Regulations for voyages of not more than thirty
8.]
days' duration .
Modified 46. All ships clearing out or proceeding to sea upon voyages
regulations
for voyages of of not more than thirty days' duration , shall be subject to the
CHINESE EMIGRATION CONSOLIDATION. [ 1 OF 1889. ] 1073
modified regulations contained in schedule I of this ordinance not more than
which as regards such ships shall be substituted for those con- thirty days'
tained in schedule A of “ The Chinese Passengers Act, 1855,” [See Ordi
but nothing in this section contained shall be deemed to relieve nance 5of
Chinese passenger ships from the operation of the said act,
except so far as the same is by the said schedule expressly
modified .
47. The voyages specified in schedule L to this ordinance7 Voyages
declared to be
are hereby declared to be voyages of not more than thirty days' of not more
duration , subject as regards steamers to the conditions as to than thirty
their rate of speed and as regards sailing vessels to the condi- duration.
[ Ibid , subs.
tions as to the periods of the year during which the voyage 2. ]
shall be performed, in the said schedule respectively expressed
and contained .
48. Sections 46 and 47 shall not be construed as affecting Not to affect
any Chinese passenger ship which is about to proceed to sea on Chinese
within . The
a voyage of not more than seven days' duration. Passengers
Act.
Depôts for emigrants under contract of service. [ Ibid . subs.
3. ]
49. The owners or charterers of every Chinese passenger Depôts to be
ship wbich is about to convey emigrants under contracts of phevided for
lodging
service shall, as soon as such ship is laid on for the conveyance ofemigrants .
of such emigrants, provide depôts , to be approved of by the [Ibid.sec.9.]
emigration officer, wherein every intending emigrant by such
ship may lodge as hereinafter provided , and every such depôt
shall be maintained and every emigrant lodging therein shall
be supported at the expense of such owners or charterers.
50. In the discretion of the Governor every intending emi- Emigrants to.
in
reside three
grant by such Chinese passenger ship shall reside, three clear depôt
days at least previously to his embarkation , in a depôt provided before
clear days
by the owners or charterers of such ship. embarkation ,
[ Ibid. subs .
2. )
51. Every such depôt as aforesaid shall be under the super- Supervision
depôts.
vision of the emigration officer who may inspect the same at of(Ibid.subs.
[
such times as he shall think fit, and there shall be at all times 3.]
free ingress and egress allowed to all persons to and from such
depôt, from 6 A.m. to 6 P.M.
52. Allorders of Her Majesty in Council relating to the Orders
Council into
quantity of water to be carried by passenger ships having apply to
certain description of condensing apparatus shall apply to passenger
Chinese
Chinese passenger ships . ships.
[ 1bid . sec.
io. )
53. No Chinese passenger ship , unless a vessel propelled by No Chinese
steamn, bound to any port westward of the Cape of Good Hope passenger
1074
OF 1889. ] CHINESE EMIGRATION CONSOLIDATION .
ship to clear or to any port in Australia , New Zealand, Oceania , or Tasmania
between April shall clear from any port in the Colony between the mouths of
ber.
[ Ibid. sec.
April and September inclusive.
in . )
Emigration
officer nay
54. It shall be lawful for the emigration officer at any time
land any when he is satisfied that any emigrant who is unwilling to leave
emigrant who the port has been obtained by any fraud, violence, or other
to leave the impro; er means, to land such emigrant and procure him a
port and who passage back to his native place or that from which he was
procured by taken, and also to defray the cost of his maintenance whilst
any frand,&c.
[ Ibid, sec.
awaiting a return passage, and all such expenses with all legal
12. ] costs incurred shall be recoverable by the emigration officer
before any Magistrate from the emigration passage broker of the
vessel in which such emigrant was shipped or intended to be
shipped .
Punishment
for improper 55. Whosoever shall unlawfully either by force or fraud take
ly obtaining away cr detain against his will any man or boy with intent to
Mbid.sec.12, plit him on board a Chinese passenger ship and whosoevershall
emigrants.
subs . 2. ] with any such intent receive, harbour, or enter into any con
tract for foreign service with any such man or boy knowing the
same to have been by force or fraud taken and obtained as
herein Jefore mentioned, shall be guilty of felony and being
convicted thereof shall be liable, at the discretion of the Court,
to be imprisoned for any term not exceeding seven years with
or without hard labour .
Punishment
of persons 56. The owners or charterers of any Chinese passenger ship
committing
any breach
and any emigration passage broker and any intending emigrant
of this
ordinance,
by a Chinesepassenger ship and any master or other person in
I vid, sec.
charge of a Chinese passenger ship who shall fail to comply
13. ] with or commit any breach of the provisions of part I of this
ordinance so far as they may respectively be bound thereby,
and any person granting or knowingly uttering any forged
certificate, permit , notice, or other document under this ordi
nance shall, without prejudice to any other proceeding, civil or
criminal, be liable upon summary conviction before a Magis
trate to a fine not exceeding five hundred dollars, or to impris
onment with or without hard labour for any term not exceeding
six months.
PART II.
EMIGRATION FROM PORTS OUT OF THE COLONY.
Emigrant ship fittings.
Notice to
emigration
57. Before beginning to fit out any ship intended to be used
officer, for the conveyance of Chinese emigrants to be embarked at any
( Ord. 5 of port or place out of the Colony, a notice to that effect shall be
1874 , s. 14. ]
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889.] 1075
given in writing to the emigration officer, and such notice shall
be signed by the owner and master of such ship, or in the event
of the owner not being resident within the Colony, by the agent
and master thereof, and in case such notice shall not have been
given, the owner and master, or the agent and master of such
ship, as the case may be, shall be guilty of an offence against
this ordinance : provided always that where there shall be no
agent of an absent owner in the Colony, the notice may be
signed by the master alone .
58. The master of every ship arriving within the waters of Report to
the Colony and which shall be fitted out for the conveyance of emeration
officer.
Chinese emigrants shall, within twenty -four hours, report the 2.[ Ibid.
]
subs.
same to the emigration officer, and in case he shall neglect so
to do, he shall be deemed guilty of an offence against this ordi
nance .
59. The fittings of every ship mentioned in sections 57 and duties
Powersofand
58 shall be subject to the approval of the emigration officer, emigration
who is hereby empowered, at all reasonable times, to go on officer.
[ Ibid. subs.
board and search and inspect such ship and her fittings and to 3.
order any fittings which shall in his opinion be objectionable,
to be forthwith removed ; and any person who shall in any way
inpede or attempt to impede the emigration officer in the
execution of this duty, shall be guilty of an offence against this
ordinance ,
60. No such ship shall clear out or proceed to sea until the Certificate of
master thereof shall have received from the emigration officer aa emigration
officer.
certificate in the form contained in schedule II hereto, and every [ Ibid. subs.
such certificate shall be liable to a stamp duty of twenty -five
dollars.
61. All barricades and gratings apparently intended to be Barricades
andh liatinge
used, or which are capable of being used for the purpose of prohibited .
confining Chinese emigrants below decks,or within any particular 5. Ibid.subs.
]
part of a ship shall be deemed to be prohibited fittings.
62. It shall be lawful for the Governor, from time to time, Other
bloluibited
by proclamation to be inserted in the Gazette to prohibit the fittings.
use or carriage in any ship of any other fittings therein specified, (Ibid. subs.
and every such prohibition shall have the same force and effect 6. )
as if it were expressly enacted in this ordinance.
63. All prohibited fittings wherever found within the Colony forfeiture
Seizure and
shall be seized and shall be forfeited to the Crown in manner thereof.
hereinafter mentioned . [ Ibid. subs.
64. Whoever shall , without lawful excuse (the proof of Unlawful
which shall lie on the accused), manufacture, purchase, sell , or ofpossessioni
prohibit&edc.
bave in his possession any prohibited fittings, shall be guilty of fittings.
an offence against this ordinance. [ Ibid . subs.
8. ]
1076 [ 1 OF 1889. ] CHINESE EMIGRATION CONSOLIDATION .
Taking 65. The owner, agent, or master of any ship intended for
prohibited
fittings on the conveyance of Chinese emigrants to be embarked at any
board, or port or place out of the Colony who shall knowingly permit
refusal to
remove the any prohibited fittings to be taken on board such ship, or to
same .
[ Ibid . subs.
remain therein after the same have been taken on board, or who
9.] shall refuse to remove forth with any fittings which theemigration
officer shall have ordered to be removed, shall be guilty of an
offence against this ordinance, and in addition to the punishment
hereinafter prescribed, all such last mentioned fittings shall, in
case of such refusal as aforesaid , be seized and forfeited to the
Crown as in the case of prohibited fittings.
Ship leaving
without
66. If any such ship shall leave or attempt to leave the
certificate
or with
waters of the Colony without the certificate required by section
prohibited 60, or shall leave or attempt to leave the waters of the Colony,
fittings. having on board any prohibited fittings, or any fittings which
[ Ibid . subs.
10.] the emigration officer shall have ordered to be removed , or any
other fittings of a similar kind and description , in every such
case the master of such ship , and the owner or agent if proved
to have sanctioned such leaving or attempting to leave as afore
said , shall be deemed guilty of an offence against this ordinance,
and in addition to the punishment hereinafter prescribed,all
such fittings shall be seized and forfeited to the Crown, whether
the same be prohibited fittings or not .
Fraudulent 67. If any person shall make or attempt to make any
use of a
certificate . fraudulent use of a certificate granted under section 60 or shall
[Ibid. subs. forge, counterfeit, alter, or erase the whole or any part thereof,
11.)
[ Ord . 25 of or shall use or attempt to use any spurious or fraudulent
1889.) certificate, the person so offending, and every person aiding and
abetting in such offence, shall be liable to the punishment
hereinafter prescribed .
Trial of 68. All cases of violation or disobedience of, or default in
offences.
[ Ibid . subs. compliance with the provisions of sections 57 to 67 inclusive
12.] may be heard and determined summarily by two Magistrates
sitting together, who shall constitute a Court for this purpose :
provided that if at the close of the investigation, the accused
shall apply for a trial by jury, or the Magistrates shall be of
opinion that the case ought to be so tried, they may commit the
accused for trial at the Supreme Court.
Punishments
of offences.
69. The following punishments shall be awarded on convic
[ Ibid . subs. tion for any offence,-
13.7
( a. ) Against sections 57 , 58, 59, 64 or 65 a fine not
exceeding five hundred dollars, and imprisonment .
with or without hard labour for any term not
exceeding six months, or either of such punishments,
in the discretion of the Court.
1077
CHINESE EMIGRATION CONSOLIDATION. ( 1 of 1889. ]
( 6. ) Against sections 66 or 67 a fine not exceeding one
thousand dollars, and imprisonment with or without
hard labour for any term not exceeding one year,
or either of such punishments, in the discretion of
the Court.
Provided always that where a fine shall be imposed for any
offence against sections 66 or 67, the Court may sentence the
offender, in default of payment of such fine, to imprisonment
with or without hard labour for any term not exceeding one
year in lieu of such fine, and such imprisonment shall commence
from the expiration of any term of imprisonment to which the
offender may have been sentenced in addition to the fine.
70. The Supreme Court and the said Court of Magistrates Proceedings
for forfeiture
shall have full power and authority to hear and determine all of fittings.
cases of seizure of fittings, and upon proof of the legality of the 14.)
[Ibid. subs.
seizure, to declare the said fittings to be forfeited to theCrown,
and no fittings seized under this ordinance, shall be deemed to
be forfeited to the Crown, except under the sentence of one or
the other of the said Courts.
71. Nothing in this ordinance contained shall be deemed to Powers of
Police,
affect any powers lawfully vested in a Superintendent or fibid: subs.
inspector of Police. 15.]
72. Any suit or prosecution against any person for anything Limitation of
done in pursuance or execution or intended execution of this [actions, & c.
Ibid . subs.
part of the ordinance shall be commenced within three months 16.]
after the thing done and not otherwise .
Notice in writing of every such suit and of the cause thereof
shall be given to the intended defendant one month at least
before the commencernent thereof.
In any such suit the defendant may answer that the act
complained of was done in pursuance, or execution , or intended
execution of this part of the ordinance, and give this section and
the special matter in evidence at any trial to be had thereupon.
The plaintiff shall not recover if tender of sufficient amends
is inade before suit brought, or if after suit brought a sufficient
sum of money is paid into Court by or on behalf of the defendant.
If judgment is given for the defendant, or the plaintiff becomes
nonsuit, or discontinues the suit after an answer has been put
in , the defendant shall recover his costs and shall have the like
remedy for the same as any defendant has by law for costs in
other cases .
Ifjudgment is given for the plaintiff,he shall not have costs
against the defendant unless the Judge before whom the trial is
bad, certifies his approbation of the suit.
1078 [ 1 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION.
Prosecution
to be by
73. No proceeding shall be instituted for any offence against
Attorney the provisions of this part of the ordinance, or for any forfeiture
General.
[ Ibid . subs.
thereunder, except at the suit or 'prosecution of, or with the
17. ] consent of the Attorney General.
Building, 74. It shall be lawful for the Governor in his discretion to
repairing,
equipping, grant licences in manner hereinafter provided and to such persons
despatching, as he thinks fit, to do any of the acts following, that is tosay :
selling,
hiring, &c . ,
&c . , without ( a. ) To build, alter or repair, or agree to build, alter or
licence. repair, or cause to be built, altered or repaired, any
[ Ibid , subs.
8. ] ship, with intent or knowledge, or having reason
able cause to believe that the same will be employed
in the conveyance of Chinese emigrants to be
embarked at any port or place out of the Colony ; or
( 6. ) To fit out, man, equip, let or take on freight or hire
any ship, with intent or knowledge, or having
reasonable cause to believe that the same will be
employed in manner aforesaid ; or
( c. ) To despatch or cause to be despatched any ship, with
intent or knowledge, or having reasonable cause to
believe that the same will be employed in manner
aforesaid ; or
( d. ) To make any advances ofmoney to any ship, or to
become security for such advances, with intent or
knowledge, or having reasonable cause to believe
that the same will be employed in manner aforesaid ;
or
( e. ) To despatch or cause or allow to be despatched , or
command any ship carrying Chinese passengers,
with to intent
cause the believeor that
knowledge, orhavingreasonabl
such passengers are beinge
carried or intended to be carried to any port or
place out of the Colony for the purpose of being
conveyed therefrom as emigrants in the same or
any other ship ; or
(4.
f ) Being the master of a ship in respect ofwhich a licence
a
ought to have been obtained under any of the
provisions of sub -sections ( a ) and ( b ) of this section
to clear out and proceed to sea in such ship , —
Penalty. Provided always that if any person does any of the above men
tioned acts within the Colony without having obtained such
licence or without such licence having been granted to the owner,
agent, or master of the ship in respect of which such act shall
be done, or in contravention of the terms or conditions of such
licence if granted, he shall be deemed to have committed an
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ] 1079
offence against this section , and shall be liable to imprisonment
with or without hard labour for any term not exceeding two
years, and to a fine not exceeding two thousand dollars, or to
either of such punishments, in the discretion of the Court, and
the ship in respect of which any such offence is committed and
her equipment shall, if within the waters of this Colony, be
forfeited to the Crown.
75. Any person who aids, abets, counsels or procures the ofPunishment
accessories.
commission of any offence against section 74 , shallbe liable to ( 1 bid , subs.
be tried and punished as a principal offender. 9. )
76. Every licence required by section 74 shall be under the Form and
hand of the Governor and the public seal of the Colony and licedictions
. of
shall be subject to the payment of such fee to the Crown, and 4(ibid.
.)
subs.
to such conditions as may, in each particular case, be prescribed
by the Governor in Council.
77. Application for such licence shall be made in writing to Mode of
the Colonial Secretary, and shall be transmitted through the application.
>
emigration officer, and the owner, agent, or master of the ship 5.]
[ Ibid.subs.
in respect of which such licence is applied for shall furnish all
particulars as to the destination of the ship, and as to all matters
relating to the intended voyage and emigration which may be
required of him .
78. All such particulars shall , if so ordered , be certified Punishment
upon oath before any justice of the peace, and every person who for furnishing
shall knowingly furnish untrue particulars shall be liable to (particulars.
Ibid. subs.
imprisonment with or without hard labour, for any period not 6.]
exceeding six calendar months, and to a fine not exceeding one
hundred dollars, either in addition to or in substitution of such
imprisonment.
79. If it shall appear to the satisfaction of the Governor at revoke
Power toand
any time before the departure of a ship in respect of which a cancel licence,
licence is required under section 74 . [ Ibid . subs.
7. ]
( a. ) That the particulars furnished in relation thereto are
untrue ; or
( 6. ) That further particulars have been discovered since
the granting of the licence ; or
( c. ) That any condition of the licence has been violated, --
it shall be lawful for the Governor in Council to revoke or vary
such licence and to order that the ship be seized and detained
until the licence be delivered up to be cancelled, or varied .
80. The Governor upon being satisfied that there are reason- Seizure,
able grounds for suspecting that a ship within the waters of the search and
Colony has been, or is being built , altered, repaired , or equipped, of suspected
or is about to be despatched and taken out to sea contrary to ships. [Ibid. subs.
the provisions of section 74 , or that any other offence against io.]
1080 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION.
the said provisions has been committed, rendering the said ship
liable to forfeiture, may issue a warrant in the form contained
in schedule N hereto ; and upon such warrant, the said ship
may be seized and searched and detained until it has been either
condemned or released by process of law, or in the manner
hereinafter mentioned .
Powers of
officers 81. Any officer so authorized to seize, search and detain any
authorized to ship under section 80 may, for the purpose of enforcing such
seize ships.
[ Ibid. subs. seizure, search and detention , call to bis aid any constable or
ii . ] officers of Police, and may apply for assistance to any officer of
Her Majesty's Army or Navy, or Marines, or to the Harbour
Master, or any officer having authority by law to make seizures
of ships, and may put any persons on board such ship to take
charge of the same, and to enforce the provisions of section 80,
and any such officer so authorized as aforesaid, may use force,
ifnecessary, for the purpose of enforcing such seizure, search
and detention, and if any person is killed,maimed , or hurt by
reason of his resisting such officer in the execution of his duties,
or any person acting under his orders, or at his request, such
officer so seizing, searching and detaining the ship, or other
person, shall be freely and fully indemnitied as well against the
Queen's Majesty, Her Heirs and Successors, as against all per
sons so killed, maimed , or hurt.
Petition to
Court.
82. The owner of the ship so seized and detained or his
[ Ibid. subs. agent, may apply by petition to the Supreme Court for its
12.] release .
Citation of
owners .
83. The Crown Solicitor shall, upon the seizure of any ship
[ Ibid . subs, as aforesaid , cite the owners or their agents in the Colony by a
13.] notice which may be in the form contained in schedule O hereto,
to appear before the Supreme Court to show cause why the said
ship should not be condemned and forfeited to the crown for
breach of the provisions of sections 74 and 75 , and in case there
shall be no owner of the said slip in the Colony, nor any agent
of such owner, the said potice shall be published twice in the
Gazette, and such publication shall be equivalent to personal
service of the citation .
Proceedings 84. On the day appointed for the hearing of any petition for
thereon.
[ Ibid . subs. the release of the ship , or for the appearance of the owners or
14. ] their agents in the Colony in obedience to a citation to show
cause why the same should not be forfeited, the Court shall
proceed to enquire into the matter and to make such orders as
may be necessary to put the matter of the seizure and detention
of the ship in course of trial between the owner and the Crown.
Pleading 85. The Court may, if it shall think fit, direct a written
[ Ibid .)
statement or answer or any additional pleading to be filed, and
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ) 1081
may, in its discretion, receive evidence orally or by affidavit, or
partly orally and partly by affidavit, and may determine all
questions of fact as well as of law, or may , of its own motion ,
or on the application of either party, direct a jury to be empan
elled for the determination of any question of fact, may frame
issues of law and of fact, and generally inay exercise the same Issues.
powers and authorities as on the trial of any suit, cause, or
matter within its ordinary jurisdiction.
86. The Court may also, during or before the said proceed- Warrant to
ings, grant warrants for the entering and searching of any ship [ Ibid .)
or tenement within the jurisdiction , and the seizure of any
papers or documents which may be found therein respectively ,
or may summon any person to appear before the Court , and to
produce any papers and documents and may examine such
persons on oath touching the subject matter of the inquiry .
87. Whenever any person shall have been convicted before Evidence of .
the Supreme Court of an offence against sections 74 and 75 , the convictions
[ Ibid , subs.,
evidence taken upon the trial of such offender shall be received 16.)
in evidence in any proceedings instituted for the forfeiture or Regulations
release of the ship in respect of which such offence shall have ings proceed
as toagainst
been committed ; but it shall not be necessary to take proceed- the offender
ings against an offender because proceedings are instituted for and against
the forfeiture, or to takeproceedings for the forfeiture because
proceedings are taken against the offender.
88. The fact of a ship being apparently fitted and equipped, Burden of
or in course of being fitted and equipped within the waters of [proof
Ibid, subs.
the Colony for the conveyance of Chinese emigrants shall, if the 16.]
owner, agent or master shall not have obtained a licence from
the Governor as required by section 74 , or under section 6 of
this ordinance, be primâfacie evidence that such ship is intended
for the conveyance of Chinese emigrants to be embarked at
some port or place out of the Colony.
89. If on the hearing of the said proceedings for the forfeiture Release of
or release of a ship seized under section 80 , it shall be established Court.
> ship by the
to the satisfaction of the Court that the offence charged has not 17.]
[ Ibid. subs.
been committed in respect of such ship against the provisions
of section 74 rendering such ship liable to forfeiture, the ship
shall be released and restored to the owners thereof or their
agents .
90. If on the hearing of the proceedings , it shall be estab. Condemna
tion of ship.
lished to the satisfaction of the Court that the offence charged filbid: subs:
has been committed in respect of such ship rendering the same is.]
liable to forfeiture under section 80 , the Court shall declare such
ship to be forfeited to the Crown .
1082
[ 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION .
Penalty in 91. It shall be lawful for the Court to impose such a pecuniary
lieu of
forfeiture. penalty as to the Court shall seem fit, in lien of condemning
[Ibid, subs. the ship, and in such case to cause the ship to be detained until
19. )
the penalty is paid, and to cause any penalty so imposed to be
applied in the same manner in which the proceeds of the said
ship, if condemned by order of the Court and sold , would bave
been applicable.
Costs. 92. The costs of all proceedings for the forfeiture or release
[ Ibid , subs.
20. ] of a ship, shall be in the discretion of the Court.
Indemnity.
[Ibid. subs.
93. If the Court be of opinion that there was not reasonable
21. ] and probable cause for the seizure or detention, and if no such
cause appear in the course of the proceedings, the Court shall
have power to declare that the owner is to be indemnified by
the payment of costs and damages in respect of the seizure or
detention, the amount thereof to be assessed by the Court, and
any amount so assessed shall be payable out of the general
revenues of the Colony.
Sale of 94. Every ship forfeited to the Crown for breach of the
forfeited ship. provisions of scction 74 may be sold by public auction or private
22. ]
contract, and may be transferred to the purchaser by bill ofsale
under the hand of the Governor, and the seal of the Colony, and
the net proceeds of such sale shall be paid into the Colonial
Treasury for the use of the Crown .
Release of
ship by
95. The Governor may, at any tiine ,, release any ship seized
Governor. and detained under section 80 , notwithstanding her forfeiture
[ Ibid,subs.
23. ) by the sentence of the Supreme Court, on the owner or agent
giving security to the satisfaction of the Governor that the ship
shall not be employed contrary to section 74 , or may release
the ship without such security if the Governor think fit so to
release the same .
Indemnity 96. Subject to the provisions of section 93 providing for the
to officers.
[ Ibid. subs. award of damages in certain cases in respect of the seizure or
24.] detention of a ship by the Court , no damages shall be payable,
and no public officer, or other person acting under his order or
at his request, shall be responsible, either civilly or criminally,
in respect of the seizure or detention of any ships in pursuance
of section 80.
Prosecution
to be by
97. No proceedings, other than the issue of aa warrant for
Attorney the seizure of a ship, or for the apprehension of an offender,
General,
[ Ibid. subs.
shall be instituted for any offence against the provisions of
25. ] sections 74 and 75, exceptat the suit or prosecution of, or with
the consent of the Attorney General.
1082
CIIINESE EMIGRATION CONSOLIDATION . ( 1 of 1889. ]
PART III .
MISCELLANEOUS.
98. The forms given in the schedules liereto, or forms to the Forms.
like effect with such variations and additions as circumstances 1874
(N., s. 11. ]
require, may be used for the purposes therein indicated and
according to the directions therein contained , and instruments
in those forms, shall ( as regards the form thereof) be valid and
sufficient.
*** * * *
SCIEDULES.
( A. )
Particulars required, upon Application for a Licence for the
Conveyance of Chinese Emigrants under the
“ CHINESE EMIGRATION CONSOLIDATION
ORDINANCE , 1889.”
Name of ship, tonnage , how propelled ,
Nationality of ship,
Destination of ship,
Whether it is intended that the ship should call or station
at or near any port or place between Hongkong
and 56
If so , at what ports or places,
Whether it is intended that the ship should call or station
at or near such port or place with the object of taking
on board any cargo and or passengers,
If not, then with what object,
Proposed date of departure from Hongkong,
Name of master,
Names and address of the ship -owners,...
Names of charterers,
Names of agents,
Free ....
Number of Chinese passengers to be conveyed, Under contract of
Service *
I the undersigned hereby apply for a licence under section 6 (or 8 as the (No.25 of 1889.)
case may be) of The Chinese Emigration Consolidation Ordinance, 1889.
for t ...... and I do solemnly swear ( or declare ] that the above particulars
are true.
The Surveyor's certificate is herewith attached .
Agent or cbarterer of............ ship ...
Sworn (or declared ] by the above named ...
this .........day of .......... ... 188
Before me
Justice of the Peace.
* ( If any, copy of each contract is to be attached.)
† Insert here the words 66
.........months ” or “ the above mentioned voyage" (as the
Case may be.)
1084 1 OF 1889. ) CHINESE EMIGRATION CONSOLIDATION .
( B. )
Form of Emigration Officer's Certificate.
1, A.B., emigration officer for the Colony of Hongkong, do hereby certify
as follows :
1. That the Chinese passenger ship A.B., master, is specially
licensed under the provisions of The Chinese Emigration Consolidation
Ordinance, 1889 .
2. That the said ship is licensed to carry adults, of whom none
are to be under any contract of service whatever.
( C. )
Form of Bond to be given by the Master of Chinese Passenger
Ships holding Special Licences.
Kwon all men by these presents that we, A.B., of and C.D.,
of are held and firmly bound unto our Sovereign Lady
Queen Victoria, by the Grace of God of the United Kingdom of
Great Britain and Ireland, Queen, Defender of the Faith , in the
sum of one thousand pounds of good and lawful money of Great
Britain , to be paid unto our said Sovereign Lady the Queen , Her
Heirs and Successors; to which payment well and truly to be made,
we bind ourselves and every of us jointly and severally for and in
the whole, our lieirs and executors administrators, and every of
them , firmly by these presents .
Sealed with our seal ,
Dated this day of 18
Whereas by “ The Chinese Passengers Act , 1855,” it is enacted that
before any Chinese passenger ship shall clear out or proceed to sea
on a voyage of more than seven days' computed duration, the master
thereof shall, with two sufficient sureties to be approved by an
Emigration Officer, enter into a bond to Her Majesty, Her lleirs
and Successors in the sum of £ 1,000 .
Now the condition of this obligation is this, that if ( in respect of the steam
ship whereof is master) all and every
the requirements of the said Chinese Passengers Act, and of The Chinese
Emigration Consolidation Ordinance, 1889 , and of the regulations contained
in the schedule to the said ordinance annexed shall be well and truly per
formed [ iu like manner as the same ougiit to be observed and performed in
case the said steamship were a British ship, and the said
a British subject ]* then this obligation to be void , otherwise to remain in full
force and effect.
Signed , sealed and delivered by the above bounden and
in the presence of
*
The words within brackets to be inserted only in the case of a foreign Chinese
passenger ship.
(D. )
Regulations for Passenger Steamers licensed under Section 21.
( See Imperial 1. No steamer licensed under this ordinance shall clear out or proceed to
Act, par. 4. ]
sea until the master thereof shall have received from the emigration officer a
copy of these regulations, and a certificate in the form annexed hereto, which
CHINESE EMIGRATION CONSOLIDATION. ( 1 of 1889. ] 1085
copy and certificate, with any documents to be attached thereto, shall be
signed by the emigration officer, nor until themaster shall, with two sufficient
sureties to be approved by the emigration officer, have entered into a joint
and several bond in the sum of £ 1,000 to Her Majesty, ler Heirs and
Successors, in the form hereinafter contained .
2. The following conditious as to the accommodation of passengers shall Accommodation
of passengers.
be observed :
( 1.) The space appropriated to the passengers between decks shall be Ventilationand
properly ventilated and shall contain at the least nine superficial height'between
and fifty -four cubical feet of space for every adult on board, that decks.
is to say, for every passenger above twelve years of age, and for
every two passengers between the ages of one and twelve years ;
the height between decks shall be at least six feet.
(2.) The accommodation for female passengers between decks shall be passengers.
Male and female
separate from that provided for male passengers.
space, on upper
(3.) A space of four superficial feet per adult shall be left clear on the deck
upper deck for the use of the passengers.
(4.) A reasonable space shall be set apart as a sick bay, and sufficient Sick bay, &c.
latrines, both as to condition and number, shall be provided in
suitable parts of the ship.
3. Deck passengers may be carried at seasons allowed by law, upon such Deck passengers.
conditions as may, from time to time, be prescribed under instructions from
one of Her Majesty's Principal Secretaries of State and until and subject to
such instructions upon the conditions following :
( 1.) A suitable awning with screens shall be provided on deck, sufficient Awning.
for the protection of the passengers from the sun and from rain.
(2. ) The space appropriated to such deck passengers shall contain at Space.
the least sixteen superficial feet for every adult, that is to say,
for every passenger above twelve years of age, and for every two
passengers between the ages of one and twelve years.
(5.) In case deck passengers shall be carried in addition to other Reserved space.
passengers for whom accommodation between decks shall be
provided, the space to be appropriated for deck passengers shall
be reckoned exclusively of the space of four superficial feet per
adult required to be left clear on the upper deck for the use of
such other passengers.
4. The following conditions as to provisions shall be observed : Provisions.
( 1. ) Provisions, fuel and water sball be placed on board of good quality, Scale.
properly packed and suflicient for the use and consumption of the
passengers, over and above the victualling of the crew during the
intended voyage according to the following scale :
For every passenger per diem not less than,
Rice or bread stuffs , ..I } lbs.
Dried and or salt fish , ..0.
Chinese condiments and curry stuff, ..1 OZ .
Fresh vegetables, which will keep for short voyages such
as, sweet potatoes, turnips, carrots , and pumpkius, .... 1 } lbs.
Firewood, ..2
Water, ( to be carried in tanks or sweet casks), ..l gallon,
or according to a scale at least equivalent to the fore
going.
1086 OF 1889. ] CHINESE EMIGRATION CONSOLIDATION.
Powers of
emigration
5. The emigration officer may, at any time, enter and inspect the ship and
officer . the accommodation, provisions, and stores provided for the Chinese passengers,
and may require the master or any other person to produce the licence, and
the ship's papers for his inspection, and, if he thinks necessary after inspecting
the ship's papers, he may muster and inspect the Chinese passengers.
If in any such case the emigration officer discovers that the number of
passengers on board or intended to be carried upon that voyage exceeds the
number authorized by the licence, or that any condition of the licence, or any
regulation contained in this schedule has been broken, he may detain the
ship until the passengers in excess of the legal number are landed, or until
the condition of the licence or the regulation in question be fully complied
with , and he sball forth with report the circumstances to the Governor.
Production of
emigration 6. The master of every British ship shall, on demand, produce his emigra
papers at port
of destination .
tion papers to the British Consnl at any port to which the licence extends,
or in case such port shall be in Iler Majesty's dominions to any officer
appointed or authorized by the local Government in that behalf.
( E. )
Form of Emigration Passage Broker's Annual Bond , with two Sureties
to be approved by the Emigration Officer, under section 27.
KNOW ALL MEN by these presents, that we A * В.
of, & c . , C D of, & c ., and E of, &c ., are
held and firmly bound unto IIer Most Gracious Majesty Queen Victoria,
in the sum of five thousand current dollars, to be paid to her said
Majesty, her heirs and successors ; to which payment well and truly
to be made we bind ourselves, and every of us jointly and severally,
our heirs, executors, and administrators, and the heirs, executors, and
administrators of each of us, and each and every of them , firmly by
these presents, sealed with our seals.
Dated this day of in the year one thousand
eight hundred and
WHEREAS by the Chinese Emigration Consolidation Ordinance, 1889, it
is amongst other things enacted ; that no person whatever shall carry on the
business of a passage broker in Hongkong, in respect of any emigrant ship,
or shall be in anywise concerned in the sale or letting of passages in any such
ship, unless such person , with two good and sufficient sureties to be approved
of by the emigration officer, shall have previously entered into a joint and
several bond to Iler Majesty, Her Heirs and Successors, in the sum of five
thousand current dollars : and whereas the said C.D. and E.F. have been
approved of by the emigration officer as sureties for the said A.B.
Now the condition of this obligation is, that if the above bounden A.B.
shall well and truly observe and comply with all the requirements of the said
recited ordinance, so far as the same relate to passage brokers ; and further,
shall well and truly pay all fines, forfeitures, and penalties,—and also all sums
of money, by way of subsistence money , or of return passage money, and
compensation to any passenger, or on his account, -- and also all costs which
the above-bounden A.B. may at any time be adjudged to pay, under or by
virtue of any of the provisions of the above recited ordinance, or of the Act
of the Imperial Parliament 18th and 19th Victoria , cap. 104, intituled “ An
Act for the Regulation of Chinese Passenger Ships," then, and in such case,
this obligation to be voiil, -otherwise to remain in full force.
Signed, senleil, and delivered , by the above-bounden A.B., C.D. , and E.F.,
in the presence of. †
* Insert personal and family names in full, with the occupation and auldress of each of
the parties.
+ Insert the names and addresses in full of the witnesses,
CHINESE EMIGRATION CONSOLIDATION . [ 1 OF 1889. ] 1037
( F. )
Form of Emigration Pussage Broker's Licence, under section 28.
A.B. of * having shown to the satisfaction of me, the undersigned ,
that he hath given bond to Her Majesty, as by the “ Chinese Emigration
Consolidation Ordinance, 1889, ” required : I, the undersigned , do hereby
license and authorize the said A.B. to carry on the business of il passage
broker in Hongkong , in respect of passengers on board emigrant ships
proceeding from Hongkong, until the end of the present year, and fourteen
days afterwards, unless this licence shall be sooner determined by forfeiture
for misconduct on the part of the said A.B. as in the aforesaid ordinance is
provided.
Given under my hand and seal this day of
one thousand eight bundred and
Signature, (L.s. )
Emigration Officer.
* The personal and family names in full of the person applying for the licence , with his
address and trade or occupation, must be correctly inserted.
(G. )
Form of Notice to be given to the emigration officer of forfeiture of a
licence, under section 28.
SIR , - This is to give you notice, that the licence granted on the
day of 188 >
A.B. of *
to act as an emigration passage broker, was on the day of
now last past duly declared by me (or us ), the undersigned
Justice (or Justices ) of the Peace to be forfeited . f
Signatures,
Place and date 188
To the EMIGRATION OFFICER,
Victoria , Hongkong,
The personal and family names in full , with the address and trade or occupation of
the party, to be here inserted .
† Here state severally the reasons of forfeiture.
( H. )
Form of contract passage ticket, under section 31 .
I hereby engage that the Chinese named at foot hereof shall be provided
with a passage to, and shall be landed at, the port of
in in the ship or vessel called the “
with not less than 72 cubic feet and 12 superficial feet for
berth accommodation (or in case of ships under section 46, 54 cubic feet and
9 superficial feet), and shall be victualled according to schedule A to “ The
Chinese Passengers Act, 1855," annexed, during the voyage, and the term of
detention at any place before its determination , for the sum of
1088 ( 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION.
dollars, and I hereby acknowleulge to have received the sum of
dollars in full payment.
Male . Female .
me and Surna ative Place,
of Passenger. Occupation . Village & District.
Age . Age .
Signature,
Passage Broker.
Victoria , Ilongkong, the day of 188
I hereby certify, that I have explained and registered the above contract
passage ticket.
Signature,
Emigration Officer.
Victoria, Ilongkony, the day of 188
Note . - Should the before -named ship not be able to proceed on the pro
posed voyage, a passage is to be provided in some other vessel licensed for the
conveyance of Chinese passengers.
( I. )
Tiegulations referred to in section 46 respecting Chinese passenger ships.
No ship to
depart
1. No ship shall clear out or proceed to sea unless the master thereof shall
with it have received from an emigration officer a copy of these regulations and a
certificate . certificate in the form contained in schedule K, nor until the master shall
lave entered into the bond prescribed by section 1 of “ The Chinese Pas
sengers Act, 1855.”
Application
for sine .
2. No emigration officer shall be bound to give such certificate till seven
days after receiving an application in writing for the same from the owners
or charterers of the ship, or if absent, from their respective agents, specifying
the name of the ship, her tonnage, the port of destination, the proposent day
of departure, the number of passengers intended to be carried, and whether
such passengers or any of them are under contracts of service.
Inspection of 3. After receiving sucli application, the emigration officer and any person
ship .
auhorized by him in that bebalf shall be at liberty at all times to enter and
inspect the ship, and the tittings, provisions and stores therein, and any person
impeding such entry or inspection, or refusing to allow of the same, shall be
liable to a fine not exceeding one hundred dollars for each offence.
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ] 1089
4. The following conditions as to the accommodation of passengers shall ofAccommodation
passengers.
be observed to the satisfaction of the emigration officer :
( 1.) The space appropriated to the passengers between decks shall be Ventilation .
properly ventilated, and shall contain at the least 9 superficial spaces anddreight
decks
and 54 cubical feet of space for every alult on board ; that is to
say, for every passenger above twelve years of age, and for every
two passengers between the ages of one and twelve years. The
height between decks shall be at least six feet.
( 2.) The accommodation for female passengers between decks shall be passengers.
Male and female
separate from that provideıl for male passengers.
( 3.) A space of four superficial feet per Space. on upper
adult shall be left clear on the deck
upper deck for the use of the passen gers.
( 4. ) A reasonable space shallbe set apart properly divided and fitted up Sick bay, &c.
as a sick bav, and sufficient latrines, both as to condition and
number, shall be provided in suitable parts of the ship.
5. The emigration officer may, in his discretion, permit deck passengers to Deck passengers.
be carried, upon such conditions, as may , from time to time, be prescribed
under instructions fron one of Her Majesty's Principal Secretaries of State,
and until and subject to such instructions, upon the conditions following :
( 1. ) A suitable awning with screen shall be provided on deck, sufficient Awning.
for the protection of the passengers from the sun and from rain .
(2. ) The space appropriated to such deck passengers shall contain at the Spače.
Jeast sixteen superficial feet for every adult, that is to say, for
every passenger above twelve years of age, and for every two
passengers between the ages of one and twelve.
( 3.) In case deck passengers shall be carried in addition to other pas- Reserved space.
sengers for whom accommodation between decks shall be provided,
the space to be appropriated for deck passengers shall be reckoned
exclusively of the space of four superticial feet per adult required
to be left clear on the upper deck for the use of such other pas
sengers.
6. The following conditions as to provisions shall be observed to the satis- Trovisi ıns,
faction of the emigration oflicer :
( 1. ) Provisions, fuel and water shall be placed on board of good quality, Scale.
properly packed and suflicient for the use and consumption of the
passengers, over and above the victualling of crew during the
intended voyage, according to the following scale :
For every passenger per diem : --
not less than
Rice or bread stuffs, lbs. 13
Dried And salt fish , 0}
or
Chinese condiments and curry stuffs, oz . 1
Fresh vegetables, which will keep for short
voyages, such as sweet potatoes, Ils. 13
turnips, carrots, and pumpkins,....
Firewood , 2
Water (to be carried in tanks or sweet gallon 1
casks ), ...
(2. ) The last preceding condition as to provisions shall be deemed to Articles of
have been complied with, in any case where by the special food tioned in scale
anthority of the emigration officer, any other articles of food shall may be varied .
have been substituted for the articles enumerated in the foregoing
scale, as being equivalent thereto.
1090 ( 1 of 1889. ] CHINESE EMIGRATION CONSOLIDATION .
Passengers' (3.) The passengers may supply their own provisions for the voyage
own snpplies.
and proper accommodation for the stowage, and sufficient cabooses
for the cooking of such provisions must be allowed .
Contents of
certificate .
7. The emigration officer shall not give his certificate unless he shall be
satisfied :
( 1.) That the ship is sea -worthy, and properly manned, equipped, fitted,
and ventilated ; and has not on board any cargo likely, from its
quality, quantity, or mode of stowage, to prejudice the health or
safety of the passengers.
( 2.) That suitable medicines and medical stores, provisions, fuel and
water have been placed on board , of good quality, properly packed
and suflicient in quantity to supply the passengers on board during
the intended voyage.
( 3.) That all the requirements of section 46 of this ordinance have been
complied with .
Power to
withhold
8. The emigration officer may, in his discretion , ( subject in Hongkong to
certificate . an appeal to the Governor ) withhold his certificate in all cases where the
Examination
of passengers
intended passengers or any of them are under contracts of service, and he
and of con
tracts, if any.
shall in no case give his certificate until he shall have mustered the passen
gers, and have ascertained to the best of his power that they understand
wliither they are going, and in case they shall bave made any contracts of
service that they comprehend the nature thereof ; he shall also take care that
a copy of the form of any such contracts, or an abstract of their substance ,
signed by himself, is appended to the said certificate : if any of the passengers
are in bad health , or insufficiently provided with clothing, or if any such
contracts are unfair, or if there is reason to suspect that fraud or violence
have been practised in their collection or embarkation , he may detain the
sbip, and, if he shall think fit, may order all or any of the passengers to be
re -landed .
Emigration 9. The emigration officer may, if he shall think fit, before granting his
officer may
employ medical certificate, employ any duly qualified medical practitioner, master mariner,
men marine
surveyors,
marine surveyor, or other person whose professional assistance and advice he
and others. may require for the purpose of ascertaining whether the requirements of
seciion 46 of this ordinance have been duly complied witb, and the costs and
charges of obtaining such assistance and advice, shall be defrayed by the
owners or charterers of the ship, whether the emigration officer shall grant
his certificate or not.
Fees of
professional
10. The emigration officer shall, from time to time, fix a reasonable scale
persons of fees and charges to be approved by one of Her Majesty's Prir.cipal Secre
employed . taries of State, for the remuneration of any professional persons who may be
employed by him under the last preceding regulation, and pending the
approval or disapproval of such scale, the fees and charges therein specified
shall be payable, as if the same has been approved in manner aforesaid.
Fees of emigra
tion officer . 11. The owners or charterers of every ship shall pay such fees for the
remuneration of the emigration officer, as may, from time to time, be ordered
under instructions from one of Her Majesty's Principal Secretaries of State,
and until and subject to such instructions, the following fees shall be payable
in addition to all fees chargeable under regulation 10 :
Upon the application for a certificate, ....... . $ 25
Upon the granting of the certificate, ........... ... $25
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889.] 1091
Provided always that no fees shall be payable to the emigration officer of
Hongkong, but in lieu thereof the following stamp duties are hereby imposed ,
that say
is to :
Upon every application for a certificate under regula
tion 2 contained in this schedule, a stamp duty
of, . .. $ 1
l'pon every certificate granteil under regulation 1 of
this schedule, a stamp duty of, ........
And The Stamp Ordinance, 1886, shall be read as if the stamp duties hereby
imposed were inserted in the schedule thereof.
12. In case default shall be made by the owners or charterers of the ship Power to detain
in the payment of any fees charges to wbich they may be liable under payment
ship for non
of fees.
sectioni 46 of this ordinance and this schedule, the ship may be detained by
the British Consul, or if in Hongkong by the Governor, until such fecs and
charges shall have been paid .
13. The emigration officer may withhold his certificate or revoke the same In case of false
at any time before the departure of the ship, if it shall appear to his satisfac- particulars,
tion that any particulars contained in the application in writing which shall certificate
detained and
have been maile for the same or any other particulars which may bave been cancelled .
furnished to him by or on behalf of the owners, charterers, or master of the
ship in relation thereto, are untrue, and that the conditions of section 46 of
this ordinance bave not been complied with ; and in every such case it shall
be lawful for the British Consul, or if in Ilongkong for the Governor, to
seize and detain the ship until the certificate, if already granted, shall have
been delivered up to be cancelled .
14. The master of every British ship shall, during the whole of the Treatment of
intended voyage, make issues of provisions, fuel and water, according to the passengers, ut
aforesaid dietary scale, to all the passengers except such as shall have
supplied themselves therewith, and shall not make any alteration except for
the manifest advantage of the passengers, in respect of the space allotted to
them as aforesaid, or in respect of the means of ventilation , and shall not
ill -use the passengers, or require them ( except in case of necessity) to help
in working the vessel ; and shall issue medicines and medical comforts, as
shall be requisite, to the best of his judgment, and shall call at such ports as
may be mentioned in the emigration officer's clearing certificate for fresh
water and other necessaries ; and shall carry the passengers without unneces
sary delay to the destination to which they have contracted to proceed.
15. The master of every British ship shall, within 24 hours after his Production of
arrival at the port of destination and at any port of call, produce his emigra- papers at port
tion papers to the British Consul ( if any) at such port, or in case such port of destinution.
shall be in Her Majesty's dominions to any officer appointed or authorized by
the local Government in that behalf. It sball be lawful for such Consul or
other officer to enter and inspect such ship, and in case the master shall obstruct
or refuse to assist him in the discharge of such duty, or shall without reasonable
cause fail to produce his emigration papers as aforesaid, he shall be liable
to a fine of five hundred dollars, and the ship may be detained by the British
Consul, or if in Her Majesty's dominions, by the localGovernment, until such
fine shall have been paid and the emigration papers shall have been given up .
16. In all ports and places where no emigration officer shall bave been British Consul
appointed, the British Consul shall, until such appointment, and at all times emigration
deemned
pending the vacancy of such office, be deemed to be the emigration officer for no
officer
such
where
ilie purposes of these regulatious. officer is
appointed .
1092 [ 1 of 1889. ) CHINESE EMIGRATION CONSOLIDATION.
( K. )
Emigration Officer's Certificate, under section 46 referred
to in schedule ( 1. )
I, [A. B.] , & c ., emigration officer at the port of
do hereby certify as follows :
( 1.) That the Chinese passenger ship A. B. ,
Master, of the port of is within the
provisions of section 46 of an ordinance of the Legislature of
Hongkong, entitled The Chinese Emigration Consolidation
Ordinance, 1889, and that the said ship is authorized to proceed
to sea from the port of
for the port of
( 2.) That the said ship is authorized to carry adults and that there
are on board passengers ( if any are deck passengers add :
of whom are deck passengers ], making in all
adults, namely : men , women , male
children , female children , such children , being between
the ages of one and twelve years.
(3.) That the space set apart and to be kept clear for the use of such
passengers is as follows: on the upper deck
superticial feet beidy [ describe space) and in the between decks
superficial feet being [describe space. ]
(4.) That the ship is sea -worthy, and properly manned , equipped , fitted ,
and ventilated ; and has not on board any cargo likely, from its
quality, quantity, or mode of stowage to prejudice the bealth or
safety of the passengers. The means of ventilating the passengers'
accommodation between decks are as follows : [describe space .]
(5.) That suitable medicines and medical stores, provisions, fuel and
water have been placed on board, of good quality properly packed
and sufficient in quantity to supply the passengers on board during
the intended voyage .
(6.) That all the conditions and requirements of the said section have
been duly complied with .
(7.) That the aforesaid passengers ( or in case of a port only, state the
number,] are emigrants under contracts of service and that I have
inspected the contracts between them and their intended employers
( the terms of which are annexed to this certificate) and consider
them reasonable ; and that no fraud appears to hare been practised
in collecting such emigrants.
(8. ) That the master of the ship is to put into
for water and fresh vegetables.
A. B. ,
Emigration Officer at the
Port of
Dated the day of 1
188
N.B. - Where none of the passengers are emigrants under contracts of service
the following paragraph shall be substituted for paragraph 7 :
“ 7. That the whole of the said passengers are free passengers under
no contract of service whatever."
1093
CHINESE EMIGRATION CONSOLIDATION. [ 1 of 1889. ]
FOR STEAMERS .
Under section 47 .
( L. )
* * *
Voyages from Hongkong, Swatow , Amoy , Foochow , Ningpo, Shanghai,
and any port in Formosa, to
Calcutta. Sarawak .
Pegu. Bangkok .
Sumatra . Japan .
Java .
The Straits Settlements.
Labuan.
FOR SAILING VESSELS .
Voyages from Hongkong, Swatow, Amoy, Foochow , Ningpo, Shanghai,
and any port in Formosa, to
From October to March, both inclu- From April, to September, both inclu
sive. sive .
Sumatra . Labuan .
Java . Manila .
The Straits Settlements, Bangkok.
Labuan .
Manila .
Bangkok.
( M. )
Emigration Officer's Certificate, under section 60 .
I, [A. B.], emigration officer of Ilongkong, do hereby certify, that I have >
6
inspected the fitting of the ship
of which is master, bound for >
and that there are no prohibited or objectionable fittings on boarul.
A. B.
Dated at Hongkong, the day of 188
( N. )
Form of Warrant, under section 80.
Hongkong To
to wit.
Whereas it has been made to appear to my satisfaction that there are reason
able grounds for suspecting that an offence has been committed against the
provisions of the above section in respect of the ship
now lying in the waters of this Colony, rendering the said ship liable to
forfeiture, -
This is therefore to command you in Her Majesty's name forth with to seize
the said ship wherever she may be lying within the waters of this Colony,
and to search the said ship and her equipment, and to detain the samein your
charge and custody until the forfeiture or release thereof, according to law ,
for which this shall be your warrant.
Given under my hand and the seal of the Colony, this
day of in the year of Our Lord, 188
L.S.
Governor and Commander- in - Chief, & c.
1094 1 of 1889.] CHINESE EMIGRATION CONSOLIDATION .
[ 2 of 1889.] EVIDENCE CONSOLIDATION .
(O. )
Form of Citation, under section 83 .
IN THE SUPREME COURT OF HONGKONG .
The day of 188
In re the "
Take notice that under and in pursuance of The Chinese Emigration
Consolidation Ordinance, 1889, you are hereby cited to appear before the
Supreme Court on the day of
to show canse why the above -named ship and her equipment should not be
forfeited to the Crown for breach of the provisions of the said ordinance .
To the owners of
the ship -,
or their agents.
No. 2 OF 1889.
An Ordinance to consolidate the Law of Evidence.
[ 18th January, 1889.]
PART I.
PRELIMINARY .
Short title. 1. This ordinance may be cited for all purposes as The Evidence
Consolidation Ordinance, 1889.
*
* *
Interpret-
ation .
3. In the interpretation of this ordinance unless the context
[ 14 and 15 V.
be repugnant thereto or inconsistent therewith the words and
]
c. 99,s.16.]" expressions hereinafter mentioned shall have the following
[No.3 of1885, meanings, viz.:
[
8. 8. ]
,
The expression The Court shall include the Chief Justice,
and the Puisne Judge of the Supreme Court also
every judge, coroner, magistrate, justice officer of any
Court, commissioner, arbitrator or other person now
or hereafter having by law or consent of parties
authority to hear receive and examine evidence in the
Colony with respect to or concerning any suit action
or other proceeding civil or criminal or with respect
to any matter submitted to arbitration or ordered to
be enquired into or investigated under any Commis
sion .
Tlie expression Judge means a judge of the Supreme Court .
EVIDENCE CONSOLIDATION . [ 2 of 1889. ] 1095
The expression Bank shall mean any corporation, company
or society established by charter or, under, or by
virtue of anyAct of Parliament or ordinance lawfully
carrying on the business of bankers, or any foreign
Banking Company carrying on business in this Colony ,
and recognized as such for the purposes of this ordi
nance by an order of the Governor in Council, published
in the Gazelle .
The expression Banker's Book includes any ledger, day
book , cash book , account book , or any other books
used in the ordinary business of the bank.
PART II .
ADMISSIBLE WITNESSES AND EVIDENCE .
4. The following persons only shall be incompetent to give pet
Incom
ency from
evidence in any proceedings : immature age.
(a. ) Children under seven years of age, unless they shall Code
[TheCivil
s 54 ,
appear capable of receiving just impressions of the sub.ec.;
6. ]
facts respecting which they are examined and of
relating them truly :
( 6. ) Persons of unsound mind, who, at the time of their
examination , appear incapable of receiving just
impressions of the facts respecting which they are
examined or of relating them truly ; and no person
who is known to be of unsound mind shall be liable
to be summoned as a witness, without the consent
previously obtained of the Court or person before
whom his attendance is required.
5. In all proceedings before the Court the parties and the Partiesand
husbands and wives of the parties thereto, and the persons in husbands
wives of and
whose behalf any proceedings may be brought or instituted or parties to be
opposed or defended, shall except as hereinafter excepted, be witnesse
admissible
s.
competent and compellable to give evidence, either virâ voce or No.
(Ordinance
3 of
by deposition according to the practice of the Court, on behalf sV.g.1,14
, and 15
c. 99,
of either or any of the parties to the proceedings. 8. 2 , 16 and 17
V. c. 83, s. 1.)
6. Nothing herein shall render any husband competent or Exception in
compellable to give evidence for or against bis wife, or any wife criminalcases
competent or compellable to give evidence for or against her s.2, 14 and
husband , in any criminal proceeding: 15 , V. c. 99,
8. 3 , 16 and 17
V. c. 83, s. 2. )
7. In no proceedings shåll a husband be compellable to Exception of
disclose any communication maxle to him by his wiſe during communica.
the marriage nor shall a wife be compellable to disclose any husbands and
communication made to her by her husband during the marriage. wives.
( 16 and 17
V. c. 83, s. 3. ]
1096 [ 2 of 1889. ) EVIDENCE CONSOLIDATION .
Witnesses not
8. No person offered as a witness in any proceedings shall
to beexcludel
giving hereafter be excluded by reason of incapacity froin crime or
cvidence by interest from giving evidence, either in person or by deposition,
from crimeor according to the practice of the Court, on the trial or hearing
interest.
[ 6 and 7 V. c.
of any proceedings or at any stage thereof.
85 , s . 1.1
Self- crimina
tion of 9. Nothing in this ordinance contained shall render any
witness. person who in any criminal proceeding is charged with the
[ No. 3 of indictable offence or any offence
punishable on summary convic
1852 s . 2, 14
tion competent or compellable to give evidence for or against
99 , s. 3. ] himself, or shall render any person in any proceedings compel
lable to answer any question tending to criminate himself.
Parties and
their hus
10. In any proceedings instituted in consequence of adultery
bands and the parties to such proceedings and the husbands and wives of
wives compe.
tent witnesses
such parties shall be competent to give evidence in relation
in suits for thereto : provided that no such witness whether a party to the
adultery
where eviden
suit or not shall be liable to be asked or bound to answer any
ce authorised question tending to show that he or she has been guilty of
to be taken in adultery, unless such witness shall have already given evidence
(32 ani33 v. in the same proceeding in disproof of his or her alleged adultery.
C. 68 , s. 3. ]
Parties in
suits for
11. The parties to any suit for breach of promise of marriage
breach of shall be competent to give evidence in such suit ; provided
promise of
marriage.
always, that no plaintiff in any suit for breach of promise of
[32 and 33 v . marriage shall recover a verdict unless his or her testimony
c. 68, s. 2. ) shall be corroborated by some other material evidence in support
of such promise.
How far a
party may
12. s party producing a witness in any proceedings shall
discredit his not be allowed to impeach his credit by general evidence of bad
own witness
( No. 6 of and
character, but he may in case the witness shall in the opinion
1855 of the Court prove adverse contradict him by other evidence,
5.
S. 21,17
18 V. c. 125 ,
s 22. 28 and
or by leave of the Court prove that he has made at other times
29 V.c. 18,s. a statement inconsistent with his presert testimony, but before
3. ]
such last mentioned proof can be given the circumstances of the
supposed statement sufficient to designate the particular occa
sion, must be mentioned to the witness, and he must be asked
whether or not be has inade such statement.
J'roof of con 13. If a witness in any proceedings upon cross-examination
tradictory
statements of as to a former statement made by him relative to the subject
adverse
matter of the proceedings and inconsistent with liis present tes
X0,63 of, 1855 timony, does not distinctly admit that he has niade such state
[witness
$,22,17 and 18 ment, proof may be given that he did in fact make it ; but before
V. c. 125 s. 23 ,
34 V.c. 18,5. such proof can be given , the circumstances of the supposed state
4. ]
inent, sufficient to designate the particular occasion, must be
mentioned to the witness, and he must be asked whether or not
le bas made such statement.
EVIDENCE CONSOLIDATION . [2 of 1889. ] 1097
14. A witness in any proceedings may be cross -examined as Cross-exami
to previous statements made by him in writing or reduced into nation
previousas to
writing, relative to the subject matter of the proceedings without statements in
such writing being shown to him ; but if it is intended to con- (No. 6of1855
tradict such witness by the writing, his attention must before 185. 23,
V. c.17 125
and,
such contradictory proof can be given, be called to those parts s. 21,28 and
29 V. c. 18, s .
of the writing which are to be lised for the purpose of so con 5. )
tradicting him ; provided always, that it shall be competent for
the Court, at any time during the trial or hearing of the pro
ceedings to require the production of the writing for its inspec
tion , and the Court may thereupon make such use of it for the
purposes of the trial or hearing as it shall think fit .
15. A witness in any proceedings may be questioned as to Proof of
whether he has been convicted of any felony or misdemeanour, presiones con
and, upon being so questioned, if he either denies or does not .(No.6 of 1855
21 , 14 and
meet the fact or refuses to answer, it shall be lawful for the 1:11: 6.99,s.
13, c.17 and 18,
cross -examining or opposite party to prove such conviction and V. 125 , s . 25 ,
in such case and whenever it may be necessary to prove the 28 and 29 v.
trial and conviction or acquittal of any person charged with an C:of 18,5
, 6,No 3
1862,
indictable offence аa certificate, record or extract of the conviction and 35 ,v. c.
containing the substance and effect only (omitting the formal 12,s.18. ]
part) and the conviction for such offence, purporting to be
signed by the clerk of the Court, or other officer having the
custody of the records of the Court where the offender was
convicted, or by the deputy of such clerk or officer, shall, upon
proof of the identity of the person , be sufficient evidence of the
said conviction without proof of the signature or official char
acter of the person appearing to have signed the same.
16. It shall not be necessary in any proceedings to prove by Attesting
the attesting witness any instrument to the validity of which witness need
attestation is not requisite; and such instrument may be proved except incases .
by admission, or otherwise, as if there had been no attesting S.(No.6 of1955
witness thereto. 25, 17 and
18 V. c. 12.5 , s .
26, 28 and 29,
V. c. 18 , s. 7. ]
17. Comparison of a disputed writing with any writing Comparison
proved to the satisfaction of the Court to be genuine shall be of disputed
permitted to be made by witnesses in any proceedings and such [No., 617ofand
1855
writings, and the evidence of witnesses respecting the same, is 4.c.125,s.
may be submitted to the Court and jury ( if any) as evidence of V.27,c.2818and 29,
, s. 8. ]
the genuineness, or otherwise, of the writing in dispute.
18. Where proceedings are taken against any person for Evidence in
cases of
having received goods knowing them to be stolen, or for having receiving
stolen pro
in his possession stolen property, evidence may be given at any perty
stage of the proceedings that there was found in the possession pHand
34 35
of such person other property stolen within the preceding period 19.
V. c.] 112,s.
1093 2 OF 1889. EVIDENCE CONSOLIDATION ,
of twelve months, and such evidence may be taken into consi
deration for the purpose of proving that such person kuew the
property to be stolen which forms thesubject of the proceedings
taken against him . Where proceedings are taken against
any person for having received goods kpowing them to be stolen ,
or for having in his possession stolen property, and evidence
has been given that the stolen property, has been found in his
possession , then if such person has within five years immediately
preceding been convicted of any offence involving fraud or dis
honesty , evidence of such previous conviction may be given at
any stage of the proceedings, and may be taken into considera
tion for the purpose of proving that ihe person accused knew
the property which was proved to be in his possession to have
been stolen ; provided that reasonable notice in writing shall
have been given of such previous conviction ; and it shall not
he necessary for the purposes of this section to charge in the
information the previous conviction of the person so accused.
PART III .
DOCUMENTS ADMISSIBLE.
Documents of 19. Whenever any book or other document is of such a public
public
(No.3 of 1852 nature as to be admissible in evidence on its mere production
$.8,14 and 15 from the proper custody, and no statute or ordinance in force
in the Colony exists which renders its contents provable by
means of a copy , any copy thereof or extract therefrom shall be
admissible in evidence in the Court provided it bé proved to
be an examined copy or extract, or provided it purport to be
signed and certified as a true copy or extract by the officer to
whose custody the original is entrusted, and which officer is
hereby required to furnish such certified copy or extract to any
person applying at a reasonable time for the same, upon pay
inent of a reasonable sum for the same, not exceeding twenty
five cents for every folio of pinety words.
Official docu
ments .
20. Whenever by any statute or ordinance now or hereafter
[ 8 and 9 to be in force in the Colony any certificate official or public
V.c.113,s.1.) document, or proceeding of any corporation or joint stock or
other company or any certified copy of any document, bye-law ,
entry in any register or other book or of any other proceeding
shall be receivable in evidence of any particular in the Court
or before the Legislative Council of the Colony or any commit
tee thereof the same shall respectively be admitted in evidence
provided they respectively purport to be sealed or impressed
with a stamp or sealed and signed or signed alone as required
or impressed with a stamp and signed as directed by the re
spective statutes or ordinances made or hereafter to be made
without any proof of the seal or stamp where a seal or stamp is
EVIDENCE CONSOLIDATION . [ 2 of 1889. ] 1099
necessary or of the signature or of the official character of the
person appearing to have signe i the sume and without any
further proof thereof in every case in which the original record
could have been received in evidence.
21. Affidavits, affirmations and notarial acts taken and made Aflidavits, &c.
taken before
under the Act of King George the fourth, chapter eighty -seven ambassadors,
or under the Act of the 18th and 19th years of Her present &c., abroad
Majesty, chapter forty -two, shall and may be received, read and inmay be used
ma le use of in and before any Court of law or equity or other [Court.
18 and 19 V.
judicature whatever in the Colony and the judges and officers ..c 12,s.2.
, ]
thereof, in or in relation to any suit, cause, matter, or proceeding
in or before any such court or judicature in like manner, and
shall be of the same force and effect , as affidavits and affirmations
taken in or before such court or judicature, or by any person
duly commissioned or authorized by such court of judicature to
take such affidavits or affirmations, and shall be filed and dealt
with accordingly .
22. Subject to the provisions of this section a copy of an Banker's book
copyofentry
entry in a banker's book shall in all proceedings be received as evidence.
primâ facie evidence of such entry and of the matters, transac- ss.(No. 3of 1885,
tions and accounts therein recorded , 2 , 3 , 4 & 5. )
( 1. ) Provided that such book was at the time of making
the entry one of the ordinary books of the bank and
that the entry was made in the usual and ordinary
course of business and the book is in the custody
or control of the bank ; such proof may be given
by a partner or officer of the bank orally or by an
affidavit sworn before any person anthorised to take
affidavits .
( 2. ) Provided also that it be proved by some person who
has examined the copy with the original entry
orally or by affidavit sworn as aforesaid that the
copy has been examined with the original entry
and is correct.
( 3. ) Provided further that a banker or officer of a bank
shall not in any proceedings to which the bank is
not party be compelled to produce any banker's
book the contents of which can be proved under
this ordinance or to appear as a witness to prove
the matters, transactions or accounts therein record
ed unless by order of a judge made for special
cause .
23. On the application of any party to any proceeding the Courtorjudge
Court or a Judge may order that such party be at liberty to copie
may sdirect
to be
inspect and take copies of any entries in a banker's book for taken.
üny of such proceedings. An order under this section may be [No:3.0f1885
$s. 6 and 7. ] ,
1100 [ 2 (F 1889. ] EVIDENCE CONSOLIDATION .
[ *without] made either with or with * summoning the bank or any other
party, and shall be served on the bank three clear days before
ihe same is to be obeyed, unless such Court or Judge otherwise
directs. Provided always that the cost of any application to
such Court or Judge under or for the purposes of this section ,
and the cost of anything done or to be done under an order of
*
[ * this] such Court or Judge made under or for the purposes of * section
shall be in the discretion of such Court or Judge, who may
order the same or any part thereof to be paid to any party by
the bank, where the same have been occasioned by any default
or delay on the part of the bank. Any such order against a
bank may be enforced as if the bank was a party to the pro
ceeding
Certain days 24. Sunday, Chistmas Day, Good Friday, and any bank
excluded from
Computation holiday shall be excluded from the computation of time under
of time. sections 22 and 23 .
| No.3 of 1885,
s. 9. ]
Foreign and 25. All proclamations, treaties and other acts of state of any
colonial acts Foreign State or of any other British Colony and all judgments,
judgments,
&c ., provable
decrees, orders, and other judicial proceedings of any Court of
be certified Justice or any Consulate in any Foreign State orin any other
copieswithout British Colony, and all affidavits, pleadings , and other legal
proof of seal
or signature documents filed or deposited in any such Court or Consulate
or judicial
character may be proved in the Court either by examined copies or by
of person
signing the
copies authenticated as hereinafter mentioned ; that is to say ,
same . if the document sought to be proved be a proclamation treaty,
[ No. 3 of1852, or other act of State, the authenticated copy to be admissible
8,V.5,c. 14,andJi
99 , s. 6. ] in evidence must purport to be sealed with the seal of the Foreign
State or British Colony to which the original document belongs ,
and if the document sought to be proved be a judgment,decree,
order, or other judicial proceeding of any Foreign or Colonial
Court, or an affidavit, pleading, or other legal document filed
or deposited in any such Court the authenticated copy to be
admissible in evidence must purport either to be sealed with
the seal of the Foreign or Colonial Court or in the event of such
Court having no seal, to be signed by the Judge or if there be
more than one Judge, by any one of the Judges of the said
Court; and such Judge shall attach to his signature a statement
in writing on the said copy that the Court whereof he is a Judge
has no seal; but if any of the aforesaid authenticated copies shall
purport to be sealed or signed as hereinbefore respectively
directed, the same shall respectively be admitted in evidence in
every case in which the original document could have been
received in evidence, without any proof of the seal where a seal
is necessary or of the signature, or of the truth of the statement
attached thereto, where such signature and statement are
EVIDENCE CONSOLIDATION . 1101
[ 2 or 1889. ]
necessary or of the judicial character of the person appearing to
have made such signature and statement.
26. All answers to interrogatories, disclaimers, examinations, Answers, &c.
affidavits, declarations, affirmations, and attestations of honour Court
in Supreme
may be
and all other documents required to be sworn or declared in sworn and
taken in
suits or matters depending in the Supreme Court, and also England,
acknowledgments required for the purposes of enrolling any Ireland,
Scotland,the
deed in the said Court, shall and may be sworn, declared and Channel
taken in England, Scotland or Ireland, or the Channel Islands, Islands, & cc.
or in any other colony, island, plantation, or place under the c. 86,s. 22.
dominion of Her Majesty in Foreign Parts, before any Court, No. 1 of 1857,
s. 1. ]
Judge , notary public, or person lawfully authorised to administer
oaths in such country, colony, island, plantation or place
respectively, or before any of Her Majesty's Consuls or Vice
Consuls in any Foreign Parts out of Her Majesty's dominions ;
and the Judges and other officers of the Supreme Court shall
take judicial notice of the seal or signature, as the case may be,
of any such Court, Judge, notary public, person , Consil, or
Vice -Consul, attached , appended , or subscribed to any such
pleas, answers, disclaimers, examinations,affidavits, affirmations,
attestations of honour,declarations , acknowledgments, or other
documents to be used in the said Court.
27. In civil proceedings : --
( 1. ) Entries in books of account kept in the course of books
Entriesofin
business with such a reasonable degree of regularity account .
as shall be satisfactory to the Court, shall be admis- (Code,s.55.]
sible in evidence, whenever they refer to a matter
into which the Court has to inquire, but shall not
alone be sufficient evidence to charge any person
with liability .
( 2. ) The Ilongkong Gazette and any Government Gazette Government
of any country, colony, or dependency under the Gazettes.
dominion of the British Crown, may be proved by
the bare production thereof before the Court.
( 3. ) All proclamations, acts of state, whether legislative or Proclama
&c . of
tionse,, acts
executive, nominations, appointments, and other stat
official communications of the Government, appear
ing in any such Gazette, may be proved by the
production of such Gazette, and shall be primâ facie
proof of any fact of a public nature which they were
intended to notify .
( 4. ) The Court may, on matters of public history, litera- Books of *
ture, science, or art, refer, for the purposes of science
charts , maps,
evidence, to such published books, maps, or charts
as the Court shall consider to be of authority on
the subject to which they relate.
1102 [ 2 of 1889. ] EVIDENCE CONSOLIDATION .
Foreign Law . ( 5. ) Books printed or published under the authority of the
government ofa Foreign Country, and purporting to
contain the statutes , code , or other written law of
such Country, and also printed and published books
of reports of decisionsof the Courts of such Country ,
and books proved to be commonly admitted in such
Courts as evidence of the law of such Country, shall
be admissible as evidence of the law of such Foreign
Country.
Public maps.
( 6. )) All mapsmadeunder the anthority of any government,
or of any public municipal body, and not made for
the purpose of any litigated question , shall primâ
facie be deemed to be correct, and shall be admitted
in evidence without further proof.
Affidavit, & c.
under 26 Geo.
28. All affidavits, affirmations and notarial acts taken and
46.87,and 18 made under the Act of the sixth year of King George the
and 19, V. Fourth, chapter eighty -seven or under the Act of the eighteenth
c. 42.
and nineteenth years of Her Present Majesty chapter forty -two,
shall and may be received , read and made use of in and before
the Court and the Judges and officers thereof, in or in relation
to any suit, cause, matter, or proceeding in or before the Court
in like manner , and shall be of the same force and effect, as
affidavits and affirmations taken in or before the Supreme Court
or by any person duly commissioned or authorised by such
Court to take such affidavits or affirmations, and shall be filed
and dealt with accordingly.
Afi
29. All documents whatsoever legally and properly filed or
ambassadors. recorded in any Foreign Court of Justice or Consulate according
[ No. 7 of
1857 , s. 3.7 to the law and practice of such Court or Consulate and all copies
of such documents shall be admissible in evidence in the Court
upon being proved in like manner as any documents filed or
recorded in any Foreign Court are procurable under this or any
other ordinance ; and documents whatsoever so filed or recorded
in any Foreign Court or Consulate and all copies of such docu
ments shall when so proved and admitted , be holden authentic
and effectual for all purposes of evidence as the same would be
holden in such Foreign Court or Consulate.
Documents to 30. Any document purporting to have affixed , impressed,
be admitted
in evidence or subscribed thereon or thereto the seal and signature of any
without or British Ambassador, Envoy, Minister, Chargé d'affaires, Secre
proof
of the seal
signature or
official
tary of Embassy or of Legation, Consul-general, Consul, Vice
character of consul, acting Consul, Pro - consul, or Consular Agent, in testi
the Ambas mony of any such oath , affidavit, affirmation , or act having been
sador or other administered, sworn, affirmed, had, or done by or before bim
official person.
under the acts mentioned in the last section shall be admitted in
EVIDENCE CONSOLIDATION . [ 2 of 1889. ) 1103
evidence without proof of any such seal and signature being the V.(18c.and 19
42, s. 3
seal and signature of the person whose seal and signature the No.7 of1857 ,
same purports to be, or of the official character of such person. 6. 1.]
31. All courts, judges, magistrates, justices of the peace, Courts to take
officers of the courts, commissioners acting judicially and other judicial
judicial officers within the Colony shall henceforth take judicial signature of
notice of the signatureof the Judges ofthe Supreine Court and
of the Judges of the Vice -Admiralty Court * : provided such 18Court,
and &9 c.
V. c.
signature be attached or appended to any decree, judgment, 113, s.2.)
order, certificate, or other judicial or official document. [ * See53and
54 V. c. 27. ]
PART IV.
DEPOSITIONS .
32. Whenever it shall be proved , by the oath affirmation or Deposnsition s of
declaration of any credible witness ,, or shall in any other manner perso
bave diedwhoor
whatsoever , appear to the satisfaction of the Supreme Court, who
absentare
or who
that the Attorney General, or other person conducting a from other
prosecution in criminal proceedings on behalf of the Crown, is cause
specified
cannot
unable to produce at the trial of the prisoner or accused , any be produced
person as a witness, in consequence of the death of such person, as witnesses
or of his absence from the Colony, or of the impracticability of criminal
serving process upon him , or of his being so ill as not to be able may
prosecution,
, in
to travel, or of his being insane, or of his being kept out of the becertain cases,
read in
way by means of the procurement of the prisoner or accused ,or evidence.
of his being domiciled in a country, the laws of which prohibit (No., 6. of2 ,
his absenting himself therefrom , or which he shall refuse to quit and 12 v. c.11
after application made to him in that behalf ; and if it also 42,s. 17.]
appear that such person was examined before a Magistrate, or
other officer of Her Majesty to whom the cognizance of the
crime or offence appertained, and that the usual oath , affirma
tion , declaration , or warning was administered to, made by, or
given to such person prior to his examination , and that the
examination was taken in the presence ofthe prisoner or arcused ,
and that he or his counsel or solicitor was asked if he wished
to cross -examine and had aa full opportunity of cross-examining
or did actually cross -examine such person, and that the examina
tion of such person was reduced into writing and read over to
and signed by the person examined, and also by the Magistrate
or other officer of Her Majesty as aforesaid , and that such
examination or a copy thereof is in the custody of the Supreme
Court, it shall be lawful for the Supreme Court and it is hereby
required to allow to be read and received in evidence, in such
prosecution, so much of the examination so taken as aforesaid
as would have been admissible, according to the law and practice
of the Supreme Court, had the said person been produced and
examined before the said Court, in the ordinary and accustomed
manner .
1104 [ 2 or 1889. ] EVIDENCE CONSOLIDATION .
What shall be
deemed
33. If the Attorney-General, or other person conducting aa
primâ facie prosecution in criminal proceedings on behalf of the Crown ,
proof of
( xamination shall at the trial of any person accused apply to the Court for
having been leave to read as evidence, in such prosecution , the examination
duly taken .
No. 6 of of any person , and it shall appear from the Registrar or Deputy
1864, s. 3. ] Registrar or other proper officer of the said Court that the
depositions, including the examination of such person, or a copy
thereof, are in the custody of the said Court, and if it shall
appear from the perusal of such examination by the presiding
judge that such examination contains any staternent to the
effect or from which it may fairly and reasonably be in ferred ,
that such person was examined before a Magistrate or other
officer of Her Majesty to whom the cognizance of the crime or
offence appertained, and that the usual oath, affirmation, declara
tion , or warning was administered to, inade by, or given to such
person , prior to his examination, and that the examination was
taken in the presence of the prisoner or accused , and that he or
his counsel or solicitor was asked to cross -examine and had a
full opportunity of cross-examining or did actually cross-examine
such person and that the examination of such person was
reduced into writing and read over to the person examined ,
then , if such examination purports to be signed by the person
examined and by the Magistrate or other officer by or before
whom the same purports to be taken, it shall be lawful to read
such examination in evidence, without further proof of the
matters in this section aforesaid, unless it be proved that such
examination was not taken in manner aforesaid , or was not in
fact signed by the person examined or by the Magistrate or
officer aforesaid , purporting to sign the same.
No objection 34. No objection to the reception in evidence of the exami
to admissibi; nation of any person shall be permitted to prevail upon the
evi- ground that the particular examination of such person was not
nation ifindepo
sitions signed signed by the Magistrate or other officer of Her Majesty as
bythe, & Magis
., - aforesaid , if it shall appear, in manner aforesaid, that the deposi
notwithstand- tions wherein such examination was included, were so signed .
ing particular
examination
not so signed .
No. 6 of
1861, s. 4. )
Power to take 35. And whereas it may happen that a person dangerously
deposition of ill and unable to travel, may be able to give material and im
gerously ill ,
and not likely portant information relating to an indictable offence or to a .
to recover ,
person accused thereof, and it may not be practicable or permis
and to make sible to take in accordance with the provisions of the foregoing
evidence in
certain sections 32 and 33 the examination or deposition of the person
,
Grannsofftech so being ill , so as to make the same available as evidence in the
person . event of his or her death before the trial of the prisoner or
EVIDENCE CONSOLIDATION. [ 2 of 1889. ] 1103
accused and it is desirable in the interests of truth and justice [30 and31 V.
c. 35 , s. 6.]
that means should be provided for perpetuating such testimony,
and for rendering the same available in the event of the death
of the person, whenever it shall be made to appear to the satis
faction of any Magistrate or Justice of the Peace that any person
dangerously ill, and in the opinion of some registered medical
practitioner, not likely to recover from such illness, is able and
willing to give material information relating to an indictable
offence or relating to any person accused of any such offer.ce,
and it shall not be practicable for any Magistrate or other officer
of Her Majesty as aforesaid to take an examination or deposition
in accordance with the provisions of said sections 32 and 33 of
this ordinance of the person so being ill, it shall be lawful for
the said Magistrate or any Justice of the Peace to take in writ
ing the statement on oath , affirmation , or declaration of such
person so being ill , and such Magistrate or Justice shall there
upon subscribe the same, and shall add thereto by way of
caption a statement of his reason for taking the same, and of
the day and place when and where the same was taken , and of
the names of the persons ( if any ) present at the taking thereof,
and , if the same shall relate to any indictable offence or for
which any accused person is already committed or bailed to
appear for trial, shall transmit the same with the said addition
to the proper officer of the Court for trial at which such prisoner
or accused sball have been so committed or bailed ; and in all
other cases he shall transmit the same to the Registrar of the
Supreme Court who is bereby required to preserve the same,
and file it for record ; and if afterwards, upon the trial of any
offender or offence to which the same may relate, the person
who made the same statement shall be proved to be dead, or if
it shall be proved that there is no reasonable probability that
such person will ever be able to travel or to give evidence, it
shall be lawful to read such statement in evidence, either for or
against the prisoner or accused, without further proof thereof,
if the same purports to be signed by the Magistrate or Justice
by or before whom it purports to be taken, and provided it be
proved to the satisfaction of the Court that reasonable notice of
the intention to take such statement has been served upon the
person (whether prosecutor or prisoner, or accused ) against
whom it is proposed to be read in evidence and that such person,
or his counsel or solicitor, had or might have had , if he had
chosen to be present, full opportunity of cross -examining the
deceased person who made the same.
36. Whenever a prisoner in actual custody shall bave been provision for
served with or shall have received notice of an intention to take the prisoner
being present
such statement as in the last section mentioned, the Judge or atstatement
taking of
.
1106 [ 2 of 1889. ] EVIDENCE CONSOLIDATION .
[30 and 31 V. Magistrate by whom the prisoner was committed, or the visiting
c. ,
35, s. 7.] justices of the prison in which he is confined, may, by an order
in writing , direct the gaoler having the custody of the prisoner
to convey him to the place mentioned in the said notice for the
purpose of being present at the taking of the statement; and
such gaoler shall convey the prisoner accordingly, and the
experses ( if any ) of such conveyance shall be paid out of the
funds applicable to the other expenses of the prison froin which
the prisoner shall have been conveyed .
Examination 37. All examinations in pursuance of Ordinance No. 18 of
by Magis.
trate , evi . 1873 by the committing magistrate of any prisoner or accused
dence attrial. who is thereafter committed for trial at the Criminal Sessions
No. 18 of
1873 , 8. 4 of the Supreme Court shall be laid by the Judge as evidence
Indian Cri
minal Code before the jury at the trial.
No. 10 of
1872, s. 249.]
[ See No. 10 of
1890, 1st
schedule .]
Answers of
prisoner and 38. The answers given by any prisoner or accused to any
accused . questions put to him by the judge during the trial before the
( No. 18 of
1873 , s. 7 Supreme Court in pursuance of Ordinance No. 18 of 1873 may
Indian Cri be put in or treated as evidence in the case in the discretion of
minal Code
No. 10 of the judge.
1872, s. 193. ]
Statement of 39. In case of proceedings with a view to committal for trial
accused, when
receivable in at the Supreme Court, if after the examination of all the wit
evidence.
( No. 6 of nesses on the part of the prosecution shall have been completed
1864. s.5,11
and 12 V. c.
before a Magistrate or other officer of Her Majesty to whom
42 , s. 18. ] the cognizance of the crime or offence appertained , any volun
tary statement shall have been made by the prisoner or accused
before such Magistrate or officer of Her Majesty as aforesaid , it
shall be lawful for any Judge of the Supreme Court, and he is
hereby required to allow such statement to be read and received
in evidence at such trial upon the presiding Judge being satisfied
that the following conditions had been in each case complied
with ;
( 1. ) That prior to such statement having been made the
Magistrate or other officer of Her Majesty to whom
the cognizance of the crime or offence appertained,
bad read or caused to be read, or, where necessary ,
had translated , or caused to be translated to the pri
soner or accused, the depositions taken against hiin.
( 2. ) That prior to such statement having been made the
Magistrate, or other officer of Her Majesty to whom
the cognizance of the crime or offence appertained,
had addressed to the prisoner or accused these
words, or words to the like effect : “ Having heard
EVIDENCE CONSOLIDATION . [ 2 or 1889.) 1107
the evidence, do you wish to say anything in answer
to the charge? You are not obliged to say anything
unless youl desire to do so, but whatever you say
will be taken down in writing and may be given in
evidence against you upon your trial;
( 3. ) That prior to such statement having been made the
Magistrate, or other officer of ler Majesty to whom
the cognizance of the crime or offence appertained,
had given the prisoner or accused clearly to under
stand that he had nothing to hope from any promise
of favour, and noihing to fear from any threat which
might have been lield out to him to induce him to
inake any admission or confession of his guilt, but
that whatever he then said might be given in evi
dence against him upon bis trial notwithstanding
such promise or threat ;
( 4. ) That what the prisoner or accused answered thereto
was taken down in writing and read over to him ;
( 5. ) That the said stateinent had been kept with, and at
the time of the application to receive the same in
evidence was in the custody of the Supreme Court
in the same manner as the depositions of the wit
nesses which had been taken in the same matter :
Provided nevertheless, that nothing herein enacted or contained
shall prevent the Attorney General, or other person conducting
a prosecution in criminal proceedings on behalf of the Crown
froin giving in evidence any admission or confession or other
statement of the prisoner or accused, inade at any time, which
by law would be admissible as evidence against such person .
40. If the Attorney General or other person conducting a Primâ facie
prosecution in criminal proceedings on behalf of the Crown the proof of state
ment duly
prisoner or accused or his counsel shall at thetrial of any prisoner taken.
or accused apply to the Court for leave to read as evidence in such 5.[No.6
6. ] of 1864,
prosecution the statement of such person mentioned in the last
section , and it shall appear from the Registrar or Deputy Re
gistrar or other competent officer of the said Court that the
depositions including the statement of such person or a copy
thereof are in the custody of the said Court, and if such state
ment shall appear to have been duly taken in compliance with
the conditions by the last section imposed, then it such state
ment purports to be signed by the Magistrate or other officer
by or before whom the same purports to be taken, it shall be
lawful to read such statement in evidence without further proof
of the matters in the section last aforesaid , unless it be proved
that such statement was not duly taken , or was not in fact
signed by the Magistrate or officer aforesaid purporting to sign
the same .
1108 2 of 1889. ] EVIDENCE CONSOLIDATION .
PART V.
COMMISSIONS TO TAKE EVIDENCE .
Order for 41. Where upon an application for this purpose by summons
examination
of witnesses it is made to appear to the Supreme Court or any Judge thereof
in the Colony that any of Her Majesty's Courts of competent jurisdiction ont
in relation to side the Colony has duly authorised by commission, order or
any
pending
before any
other process, the obtaining the testimony in or in relation to
tribunal or any civil proceedings pending in or before such Court or tribu
tribunals of
Her Majesty . nal of any witness or witnesses out of the jurisdiction of such
[ 22 V. c . 20, Court or tribunal, and within the jurisdiction of the Supreme
s.1 . ] Court it shall be lawful for the Supreme Court or any Judge
thereof to order the examination before the person or persons
appointed, and in manner and form directed by such commission,
order or other process as aforesaid of such witness or witnesses
accordingly so far as not repugnant to the laws and practice of
the Colony ; and it shall be lawful for the said Court or any
Judge thereof by the same order or by any subsequent order,
to command the attendance of any person to be named in such
order, for the purpose of being examined, or the production of
any writings or other documents to be mentioned in such order,
and to give all such directions as to the time, place and manner
of such examination , and all other matters connected therewith
as may appear reasonable and just ; and any such order may be
enforced,and any disobedience thereof punished, in like manner
as in case of an order made by the Supreme Court or any Judge
thereof in any suit or other proceeding depending in such Court
or before any such Judge.
Order for
examination 42. Where upon an application by summons for this purpose ,
of witnesses it is made to appear to the SupremeCourt or any Judge thereof
in the Colony that any Court or tribunal of competent jurisdiction in aа Foreign
any civil or
commercial
Country, before which any civil or commercial proceedings are
matter pend pending, is desirous of obtaining the testimony in relation to
ing before a
foreign
such proceedings of any witness or witnesses within the juris
tribunal, diction of the Supreme Court it shall be lawful for the Supreme
( 19 and 20 Court or any Judge thereof to order the examination upon oath ,
V. c. 113, s. 1.] upon interrogatories or otherwise, before any person or persons
named in such crder, of such witness or witnesses accordingly;
and it shall be lawful for the Supreme Court or any Judge
thereof by the same order or by any subsequent order,to command
the attendauce of any person to be named in such order, for
the purpose of being examined, or the production of any writings
or other documents to be mentioned in such order, and to give
all such directions as to the time, place and manner of such
examination, and all other matters connected therewith, as may
appear reasonable and just ; and any such order may be enforced
1103
EVIDENCE CONSOLIDATION . [ 2 of 1889.)
in like manner as an order made by the Supreme Court or any
Judge thereof in any suit depending in such Court or before
such Judge.
43. A certificate under the hand of the Ambassador, Minister Certificate of
or other Diplomatic Agent ofany Foreign Power, received as such &cambassador,
.,
by the Governor or in case there be no such Diplomatic Agent, evidence in
then of the Consul-General or Consul of any such Foreign Power Suplicant of .
in the Colony received and admitted as such by the Governor V.c.
(19 and
113, 20
s. 2.)
that any such proceedings in relation to which an application is
made under the last section of this ordinance in a civil or
commercial suit or matter pending before a Court or tributal
in the country of which he is the Diplomatic Agent or Consul,
having jurisdiction in the proceedings so poniling and that such
Court or tribunal is desirous of obtaining the testimony of the
witness or witnesses to whom the application relates, shall be
evidence of the matters so certified ; but where no such certificate
is produced other evidence to that effect shall be admissible .
44. When under any such comniission, order or other Examination
process is mentioneil in section 41 or under any order inade ofwitness
under section 42 of this ordinance, any witness is to beexamined , 41, 42.
such witness shall be examined on oath, affirmation and decla- c.[ 19113and 20 V.
, s. 3. 22
ration , and declaration alone or otherwise according to the law V.c. 20,s.6.1
and practice of the Colony ; Provided always,-
( 1.) That every person whose attendance shall be required expenses.
Payment of
under any such comuiission order or other process 19 and 20
shall be entitled to the like conduct money and V.c.113,s. H.]
payment of expenses and loss of time as upon [22
1.3.)V.] c. 20 ,
attendance at the trial or hearing of any suit or
other proceeding before the Supreme Court; and
( 2. ) That every person examined under any such commis- have Persons to
right
sion, oriler or other process shall have the like right of refusalto
to refuse to answer questions tending to criminate tiousanswerandques.
to
himself, and all such other questions to which lie produce
would be entitled to object in similar proceedings documents
[ 19 and 20
.
before the Supreme Court; and that no person shall 1.c.113,2.5.]
be compelled to produce under any such order as
aforesaid any writing or other document that he
would not be compellable to produce at the trial or
the hearing in the Supreme Court.
PART VI.
OATIIS, AFFIRMATIONS, & c .
45. The Court is hereby empowered to administer an oath Administra
to all such persons as are legally called or appear voluntarily by the Court.
before it. No. 3 of
18 : 2 , s. 10, 1+
and 15 V'.c .
99, s. 16.]
1110 [ 2 OF 1889. ] EVIDENCE CONSOLIDATION .
Affirmation in 46. If any person not being a native of China called as a
lieu of oath ,
( No. 6 of witness to give rirâ voce evidence or required or desiring to
1855, s.18.
and 18 V. c.
17 make an affidavit or deposition in any proceedings shall refuse
125, s. 20. 2+ or be unwilling from alleged conscientious motives to be sworn ,
and 27 V. c. it shall be lawful for the Court or the person qualified to take
66, s. 1.)
affidavits or depositions upon being satisfied of the sincerity of
such objection to permit such person instead of being sworn to
give evidence or to make such affidavit or deposition as aforesaid
as follows:
( 1. ) In the case of vivâ voce evidence, he shall make the
following affirmation and declaration).
“ I, A.B., do solemnly sincerely and truly affirm
and declare that the taking of an oath is
according to my religious belief unlawful ; I
do solemnly sincerely and truly affirin and
declare that the evidence which I am about to
give shall be the truth the whole truth and
nothing but the truth . ”
( 2. ) In case of an affidavit or deposition or other document
required to be sworn he shall make and subscribe
the following affirmation and declaration :
“ I, A.B. , do solemnly sincerely and truly affirm
and declare that the taking of an oath is
according to my religious belief unlawful; and
I do solemnly sincerely and truly affirm and
declare, & c .
Declaration 47. Every person not being a Christian or of the Jewish
by non
Christian in religion called as a witness to give vitâ voce evidence or required
lieu of oath .
[ No. 6 of or desiring to make any affidavit or deposition in any proceedings
1855 , s. 19, shall in lieu of an oath make his declaration, which shall be
No. 2 of
1860, ss. 2, 3. ] duly interpreted to every witness ignorant of the English
language, in the manner following :
( 1. ) In the case of virâ voce evidence, he shall make the
following declaration,
“ 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 vothing
but the truth ; ' ?
( 2. ) In the case of an affidavit or deposition or other
document required to be sworn , be shall make and
subscribe the following declaration : --
“ I lereby solemnly and sincerely declare that
the contents of this my (affidavit information
deposition or testification or other do nent
as the cuse may be ) are true.”
EVIDENCE CONSOLIDATION . [ 2 of 1889. ) 1111
48. Every solemn affirmation and declaration or declaration Effect ofaffir
alone shall be of the same force and effect as an oath in the mation,decla
ration , &c.
usual form . ( No. 6 of
1855, s. 19. )
PART VII.
PERJURY, & c.
49. Every person making or subscribing any solemn affirma- False aflirma
tion and declaration or declaration who shall wilfully falsely declarations.
tionsani!
and corruptly affirm declare or subscribe any matter or thing 1855
(No.6s. of19, 77,
which if the same had been sworn would have aniounted to No. 2of 1860
wilful and corrupt perjury shall incur the same penalties is by S.V. 4c., 17125and, 2+18
any law or ordinance in force within the Colony, is or may be and 25 v.c.
provided or enacted for the punishment of wilful, and corrupt 66,s. 2. )
perjury.
50. Where two or more contradictory statements of fact or Contradictory
alleged fact, material to the issue or matter in question , have statements by
been wilfully and knowingly made by one and the same witness witness may
be punished
in any proceeding before the Court either at the same examina- as perjury if
tion or at two or more examinatio ns, and whether before the material to
the issue .
same Court or person or before any other Court or person arid (No.7
[ of
whether the respective truth or falsehood of the sail statements 1857, s. 6. ]
can be ascertained or not, an information inay be preferred
against him , charging him with having, on the day or days of
his said examination or examinations wilfully and knowingly
made the said conflicting or contradictory statements, and setting
forth the short material purport or effect thereof respectively
and upon conviction thereof either in whole or in part such
witness shall be liable to the penalties of perjury.
51. Any person tendering in evidence in any proceedlings in Tendering
false
this Colony any such affidavits affirmations or notarial acts as affilavits, &c.
are mentioned or referred to in the 25th section of this ordinance male in
which are proved to be false knowing the same to be false shall pursuance.of
upon conviction thereof be liable to the penalties of perjury. 87 , and 18 and
19 V. c . 42 .
[ No. 7 of
1857 , s. 2. ]
52. If any felse document within the meaning of the 28th Punishment
section of this ordinance shall have been tendere in evidence inforevidence
tendering
or the statements in the 50th section mentioned or the last of false docu
menisorcon
them shall have been so maile before the Supreme Court or making
tradictory of
before a Police Magistrate such Court or Magistrate may if it statement
or he shall think tit cither direct a prosecution of the sime fact.
offence for perjury and commit the offender unless he shallgive [7 of57, s.7.}
bail for trial at the next Criminal Sessions oftheSupreme Court,
or treat the same as contempt of Court and forth with proceed
summarily to punish the same cither by fine not exceeding for
1112 [ 2 of 1889. ] EVIDENCE CONSOLIDATION .
every such offence $ 200 or by imprisonment with or withont
hard labour for a term not exceeding six months which punish
ment shall be in lieu of all other penalties.
Certifying a
false docu
53. If any officer authorized or required by this ordinance
ment a mis .
demeanour .
to furnish any certified copies or extracts, shall wilfully certify
( No. 3 of any document as being a true copy or extract, knowing that
14:2. 8. 9,14 the same is not a truecopy or extract , as the cise may be, he
and 15 V. c.
99, s. 15. ] shall be guilty of a misdemeanour, and be liable, upon conviction,
to imprisonment for any term not exceedling eighteen months.
Persons
forging scal,
54. If any person shall forge the seal, stamp, or signature
stamp, or of any document in this ordinance mentioned or referred to, or
signature of shall tendier in evidence any such document with a false or
certain docu
ments , or
wilfully
counterfeit seal, stamp, or signature thereto, knowing the same
uttering same to be false or counterfeit, he shall be guilty of felony, and shall
guilty of
felony.
upon conviction be liable to imprisoument for seven years and
( No. 3 of
not less than one year with or without hard labour, and whenever
1852, s. 11,8 any such document shall have been admitted in evidence by
and 9 V. c .
113 s , t , 14 virtue of this ordinance, the Court or the person who shall have
and 15 V. c .
99 s. 17 , 17
admitted the same, may, at the request of any party against
and 18 V. c. whom the same is so admitted in evidence, direct that the same
42 s.5, No. 7 shall be impounded and be kept in the custody of such officer
of 1857 s.1.] of the Court orotherproper person, for such period, andsubject
to such conditions, as to the said Court or person shall seem
meet .
PART VIII.
MISCELLANEOUS.
Warrant or 55. It shall be lawful for the Governor or any judge of the
op prisonerte Supreme Court in any case where he may see fit to do so upon
Fiveevidence.
16 17 application by affidavit to issue a warrant or order under bis
V. c. 30,s. 9.) hand for bringing up any prisoner or person confined in any
gaol or prison or place in the Colony under any sentence or
under commitment for trial or otherwise ( except under process
in any civil proceedings) before any Court Judge Magistrate
or other judicature to make his defence or to be examined as a
witness in any proceedings depending or to be inquired of or
determined in or before such Court Judge Magistrate or judica
ture ; and the person required by any such Willrant or order to
be so brought before such Court Judge Magistrate or other
judicature shall be so brought under the samecare and custody
and be dealt with in like manner in all respects as a prisoner
required by any writ of habeas corpus awarded by the Supreme
Court to be brought before such Court to be examined as a
witness in any cause or matter depending before such Court as
is now by law required to be dealt with .
EVIDENCE CONSOLIDATION . ( 2 OF 1889. ] 1113
COMPENSATION TO FAMILIES . [ 3 OF 1889. )
56. Nothing herein contained shall repeal any provision Nothing
contained in chapter twenty-six of the statute passed in the herein
interfere to
session of Parliamentholden in the seventh year of the reign ofwithwillsthe. law
of King William the fourth and the first year of the reign of (w.36.
No. of
Her present Majesty: 1852, s. 12. ]
SCHEDULE OF REPEALS.
*
*
No. 3 OF 1889.
An Ordinance to consolidate and amend the Law relat
ing to the compensation of the families of persons
killed by accidents arising from negligence .
[ 18th January, 1889.]
*
1. This ordinance may be cited for all purposes as The Com- Short title.
pensation to Families Ordinance, 1889.
***
3. In the interpretation of this ordinance the word parent Interpreta
shall include father and mother, and grand -father and grand- tion
(No. 10 of
mother, and step -father and stop -mother; and the word child and
1870,10s.V.1,9c.
shall include son and daughter, and grand-son and grand- 93,8.5.)
daughter and step -son and step -daughter.
4. Whensoever the death of a person shall be caused by any Suit may be
brought
wrongful act, neglect, or default, and the act, neglect, or default again st person
is such as would ( if death had not ensuell) have entitled the &causingdeath
c
,
person injured to maintain aa suit and recover damages in respect So. 10 of
thereof, then and in every such case the person who would have and 1870,10s.V.2,9c.
been liable if death haid not ensued , shall be liable to a snit for 93,s. 10.)
damages notwithstanding the deatb of the person injureil, and
although the death shall have been caused under such circum
stances as amount in law to felony.
5. Every such suit shall be for the benefit of the wife, hus- Suit for bene.
band, parent, and child of the person whose death shall have offit of relations
been so caused, and shall except as hereinafter provided be (No. 10 of
brought by and in the name of the executor or administrator and 10is v...c
of the person deceased ; and in every such suit the jury, or 93,s. 2.]
where the suit is tried without a jury the Court may give such
damages as they or it may think proportioned to the injury
resulting from such deathi, to ile parties respectively for whom
and for whose benefit such suits shall be brought; and the
1114 [ 3 OF 1889. ] COMPENSATION TO FAMILIES .
amount so recovered, after deducting the costs not recovered
from the defendant, shall be divided amongst the beforemen
tioned parties in such shares as the jury by their verdict shall
find, or the Court, if the case be tried withont a jury,, shall
direct .
Where no suit 6. If and so often as it shall happeri at any time or times
within six
months by hcreafter in any of the cases intended and provided for by this
executor,
beneficiaries
ordinance that there shall be no executor or administrator of
may sue. the person killed within the meaning of tliis ordivance or that
27and 28
c . , . 1. V. there being such executor or administrator no such suit as afore
sail, shall within six months after the death of the person so
killed as aforesaid have been brought by and in the name of his
or her executor or administrator, then and in every such case
such suit may be brought by and in the name or names of all
or any of the persons (if more than one) for whose benefit such
suit would have been , if it had been brought by and in the name
of such executor or administrator ; and every such suit so to
be brought shall be for the benefit of the sameperson or persons
and shall be subject to the same regulations and procedure as
nearly as may be as if it were brought by and in the name of
such executor or administrator.
Plaintiff to
deliver full 7. In every such suit the plaintiff on the record shall be
particulars of required on taking out the writ of summons in such suit to
ihe person of deliver to the defendant or his solicitor a full particular of the
behalf
the suit is person or persons for whom and on whose behalf such suit is
brouglst.
(No. 10 of brought and of the nature of the claim in respect of which
1870 , s. 5, 9
and 10 V. c.
damages are sought to be recovered.
93, s. 4. ]
Money may 8. If in any such suit as aforesaid , the defendant is advised
be paid into
Court as one to pay money into Court it shall be sufficient if he pay it as a
sum . compensation in one sum to all persous entitled under this
( 27 and 28 V.
č . 95, s. 2. ) ordinance for his wrongful act, neglect or default without speci
fying the shares into which it is to be divided by the jury ( if
any ) or by the Court if there be no jury : if the said sum be
accepted in full satisfaction of the plaintiff's claim the Court or
a Judge thereof shall have power either at the hearing or upon
a summons for that purpose to apportion the same amongst the
parties if more than one entitled thereto ; but if the said sum
be not accepted and an issue is taken by the plaintiff as to its
sutliciency and the jury or Court ( as the case may be ) shall
think the same suflicient, the defendant shall be entitled to the
verdict or judgment upon that issue.
Limitation of
suit . 9. Not more than one suit shall lie for and in respect of the
(No. 10 of same subject matter of complaint ; and every such suit shall be
1870 , s. 4 , 9 commenced wiihin twelve calendar months after the death of
and 10 V, c.
93 , s . 3. ] the person so killed as aforesaid .
CORONER'S ABOLITION ( SUPPLEMENTAL ) . [ 7 OF 1889. ] 1 ! 15
REFORMATORY SCHOOLS ( AMENDMENT.) [ 10 of 1889.
No. 7 OF 1889.
An Ordinance entitled The Coroner's Abolition Ordinance
Supplemental Ordinance, 1889.
[ 18th January, 1889. ]
*
***
1. Whenever any enquiry as to the cause of a death has been
held by a Magistrate without a jury under the provisions of
Ordinance 17 of 1888 the Magistrate shall forth with return the
depositions taken by him on such enquiry to the Attorney
General together with a certificate in the form in the schedule
hereto duly filled up and signed by him .
SCHEDULE.
I hereby certify that on the day of 18
I held under the provisions of Ordinance 17 of 1888, an enquiry as to the
cause of a death in and that the following
particulars were then disclosed : .
1. Name of deceased .
2. Residence and occupation.
3. Where found, and when, and under what circumstances.
4. Date of death .
5. Cause of death .
* 6. The names of the persons last seen in the company of the deceased .
* 7 . Any suspicious circumstances wbich point to any person or persons as
having caused the death .
Note.— The following are the names, residence and callings of the witnesses
examined :
I have issued my warrant for the arrest of
on a charge of
Police Magistrate.
* To be filled up in case the death is supposed to have been caused by improper means.
No. 10 of 1889.
An Ordinance to amend The Reformatory Schools Ordi
nance, 1886 .
[ 29th January, 1889.]
* *
1. The parent or step -parent or other person legally liable to Order of
maintain any youthful offender detained in a certificated reform- Magistrate
for contribu
atory school under the provision of Ordinance No. 19 of 1886 tenance
tion of main
of
shalllí , if of sufticient ability, contribute to his support and main offenders in
school.
tenar ce therein a sum not exceeding two dollars per week . [ 29 & 30 Vic.
c. 117 , s. 25. )
1116
[ 10 of 1889. ) REFORMATORY SCHOOLS (AMENDMENT.)
[ 11 OF 1889.] STONE CUTTERS' ISLAND.
On the complaint of the Colonial Treasurer, or of any con
stable under the directions of the Colonial Treasurer (with which
directions the constable is hereby required to comply ), at any
time during the continuance of the offender in the school, a
Magistrate may, on summons to the parent or step -parent or
otherm person liable as aforesaid, examine into his or her ability,
and ay , if he think fit, make an order or decree on him or
her for the payment to the Colonial Treasurer of such weekly
sum , not exceeding two dollars per week as to him seems
reasonable during the whole or any part of the period for which
the offender is liable to be detained in the school .
Every such order or decree may specify the timeduring which
the payment is to be made, or may be until further order.
Every such payment shall go in relief of the charges on Her
Majesty's Colonial Treasury .
The Governor may , in his discretion , remit all or any part of
any payment so ordered .
Variation of
order. 2. Any Magistrate having jurisdiction to make such order
[ Ibid. s. 26.] or decree may from time to time vary the same as circumstances
require, on the application either of the person on whom the
order or decree is made, or of the Colonial Treasurer on four
teen days' notice being first given of such application to the
Colonial Treasurer or to such person respectively.
Enforcement
of penalty. 3. Any order made under the provisions of this ordinance
may be enforced in the same manner , as a fine or pecuniary
penalty imposed by a Magistrate upon summary conviction
may be enforced under the provisions of Ordinance 8 of 1889 .
No. 11 OF 1889.
[ See No. 10
of 1891. ] An Ordinance entitled The Stone Cutters' Island Ordi
nance, 1889.
[ 13th March , 1889. )
*
Order to land 1. No person shall land or be upon Stone Cutters' Island
on the island. unless he is the bearer of a written order for the purpose duly
granted to him by the Colonial Secretary or by the Officer In
Command of Her Majesty's regular troops in this Colony or.
unless he be an officer or soldier of Her Majesty's regular
troops employed on military duty in the said Island or a police
officer or constable, and any person, who lands or is found on
the said Island contrary to this ordinance shall be liable on
STONE CUTTERS' ISLAND . ( 1 of 1889. ] 1117
summary conviction thereof before a Magistrate to a penalty
not exceeding five hundred dollars, or to imprisonment with or
without bard labour for any term not exceeding three months.
An order granted to any contractor employed either by the
Surveyor General or by the Commanding Royal Engineer shall
cover all Chinese labourers specifically mentioned in such order
actually employed on work in the island.
2. When any person lands or is found on the said island any Power
arrest . of
guard may require such person to shew his order for the purpose,
and if such person upon being so required does not produce and
shew his order, or if the said guard suspects that the order
produced and shewn to him is not an order duly granted to
such person or not sufficient authority for such person to be
then upon the said island he may arrest sucli person forth with
and deliver him into the charge of a constable or officer of the
Police Force .
3. The term " guard ” in this ordinance shall include any Term Guarl..
soldier or sentry belonging to Her Majesty's regular troops who
is employed on military duty in the said island.
4. The Governor may from time to time by proclamation in Power to
the Gazette exempt any portion or portions of the Island to be overnight
portion of
defined by such proclamation from the operation of this ordi- island ,
nance and may from time to time vary or revoke any such
proclamation .
Proclamation ( Gazette 24th October, 1891.)
By His Excellency Major-General GEORGE DIGBY BARKER, Companion
of the Most Honourable Order of the Bath , Officer Administering the
Government of the Colony of Hongkong and its Dependencies, Commander
in - Chief and Vice - Admiral of the same .
Wbereas by Ordinance No. 11 of 1889, intituled The Stone Cutters'
Island Ordinance, 1889, it is enacted that it should be lawful for the Govern
or, from time to time by proclamation in the Gazette, to exempt any portion
or portions of Stone Cutters' Island, to be defined by such proclamation, from
the operation of the said recited ordinance and from time to time to vary or
revoke any such proclamation .
And whereas by proclamation in the Gazette of the 20th day of April,
1889, certain portions of the said Island were duly exempted from the operation
of the said ordinance and it is now expedient to revoke the said proclamation
and to exempt from the operation of the said ordinance the portion of the said
island hereinafter mentioned .
Now , therefore, I, the said Major-General George Digby BARKER, do by
this Proclamation hereby revoke the said Proclamation of the 20th April,
1889, and do hereby exempt from the operation of the said ordinance the
following portion of the said Island, viz.:
The Government Gunpowder Depôt. - Bounded on the North and South
by the shore lines, on the West by the Western wall of the Old Gaol
and on the East by the Military Reserve Boundary as marked out
by boundary stones.
1118 [ 12 of 1889. ) INCORPORATION OF THE BERLIN LADIES'
MISSION FOR CHINA .
No. 12 of 1889.
An Ordinance for the Incorporation of the Director, in
Hongkong, of the Berlin Ladies' Mission for China.
[ 29th March , 1889.]
* * *
The director, 1. The Reverend FERDINAND ERNEST WILHELM HARTMANN ,
the Berlin director in Hongkong, of the Berlin Foundling House and
in Hongkong,
Ladies'
Mission for holding the appointment of the director in Hongkong , of the
China to be a Berlin Ladies'Mission for China and his successors holding the
body corpo
rate.
said appointment, and having placed in the hands ofthe Governor
satisfactory proof of his appointment for the time being shall be
a body corporate ( hereinafter called the said corporation) and
shall for the purposes of this ordinance have the name of “ The
Director, in Hongkong, of the Berlin Ladies' Mission for China "
and by that name shall have perpetual succession and shall and
inay 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 ofwhat 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 or upon the mortgages or
debentures, stocks, 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 chattels whatsoever, and the said corporation is hereby
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, stocks,funds and securities, goods and chattels by
this ordinance vested, or that may hereafter be vested in the
said corporation upon such termsas to the said corporation may
seem fit provided that due notice of appointment as such director,
in Hongkong, and of the proof thereof having been placed in
the hands of the Governcr shall 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 vestedin lying and beingwithin the Colony of Hongkong registered in
109
INCORPORATION OF THE BERLIN LADIES' [ 12 of 1889. )
MISSION FOR CHIYA .
PRISON ( AMENDMENT ). ( 13 of 1889.)
the Land Office as Inland Lots Vos . 607 and 624 and all mort. vested in the
gages, debentures, stocks, funds and securities, goods and corporation.
chattels in the said Colony at the time of the passing of this
ordinance vested or purporting to be vested in the names of
BERTOLD FRIEDRICH JOHANN SCHWARZKOPF, the late Reverend
ERNEST KLITZKE, GUSTAV OVERBECK and FRIEDRICH AUGUST
Julius MENKE respectively as trustees of the Berlin Ladies'
Mission for China or the Berlin Mission Foundling Asylum ,
and all monies, securities for money , goods, chattels,anıl effects
whatsoever, the property of the said mission 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 rints 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 .
3. All deeds, documents and other instruments requiring the How the seal
seal of the said corporation shall be scaled with the seal of the is to be used.
said corporation in the presence of the Reverend FERDINAND)
ERNEST WILHELM HARTMANN or his attorney duly authorised
or in the presence of any his successor holding the appointment
of director, in Hongkong, of the Berlin Ladies' Mission for
China, or his attorney duly anthorised and shall also be signed
by the said Reverend FERDINAND ERNEST WILHELM HARTMANN
or his said attorney or by his said successor or his said attorney
and such signing shall be and be taken as sufficient evidence of
the due sealing ofsuclı deeds, documents, and other instruments.
4. Nothing herein contained shall affect or be deemed to Crown Rights of the
affect the rights of Her Majesty the Queen, her heirs or successors, reserved .
or of any boclies politic, or corporate, or other persons, except
such as are mentioned in this ordinance, and those claiming by ,
from , or under them .
No. 13 OF 1889.
An Ordinance entitled The Prisün amendment Ordinance
1889.
[ 29th March, 1889.]
1. Every warden , turnkey or other subordinate prison officer subordinate
Misconduct of
who is guilty of any neglect or violation of duty in his office, officers .
or of any disobedience to any rules made under the provisions
1120 [ 14 OF 1889.] PRISON ( AMENDMENT ).
( 15 OF 1889. ) BUILDINGS .
of section 17 of Ordinance 18 of 1885 , or who having duly
engaged and bound himself to serve as such officer absents
himself from his duties , or who being dismissed or permitted to
resign does not upon ceasing to belong to the service of the
prison deliver up all arms, accoutrements, and appointments
entrusted to him for the performance of his duty, shall, upon
summary conviction thereof before a Police Magistrate be liable
to a fine not exceeding one hundred dollars, or to imprisonment
with or without hard labour, for any term not exceeding three
months ; and every sich offender shall forfeit all pay during
his imprisonment.
Construction ,
2. This ordinance shall be construed with and as part of
No. 18 of The Prison Ordinance, 1885.
1885.]
No. 15 OF 1889.
Title.
[ See No. 25
An Ordinance for amending the Laws relating to the
of 1891.] construction of Buildings in the Colony of Hongkong
[ 2nd May, 1889.)
Preamble .
W!HEREAS it is expedient to amend the* laws relating to
* *
* **
buildings in this Colony :
Short title . 1. This ordinance may be cited for all purposes as The Buildd
ings Ordinance, 1889.
Repeal . 2. Ordinance No. 8 of 1856 is bereby repealed except as to
legal proceedings commenced before the passing of this ordi
pance , and except also as to buildings in course of construction
of which the enclosing walls shall have been carried higher than
the footings at the time of the commencement of this ordinance .
Every such building may be completed as if this ordinance had
not been passed. A building shall be deemed to be completed
after the roof shall have been covered in .
New build.
ings.
3. The provisions relating to the construction of buildings
except as hereinafter specially provided shall apply only to
buildings which are begin after the commencement of this ordi
nance , or of which the enclosing walls have not been carried
higher than the footings, or to such old buildings as shall for
the purposes of reconstruction be taken down to an extent
which in the opinion of the Surveyor General exceeds one half
(such half to be measured in cubic feet) and all buildings des
cribed in this section shall be deemed to be new buildings.
BUILDINGS . [ 15 OF 1889. ] 1121
4. Any contract, made before the passing of this ordinance, Contracts.
for the erection of any building which shall not have been
carried higher than the footings at the time of the passing of
this ordinance, shall be carried into effect in the same manner
as if this ordinance had been passed at the time of the making
thereof, and the necessary deviations from the terms of such
contract may be made accordingly : provided that the extra
cost ( if any ) of such necessary deviations shall be borne by the
party to such contract for whom the building is erected who
may nevertheless in lieu thereof within ten days after the passing
of this ordinance cancel such contracts upon paying to the
other party, the value of the work aud labor done and materials
supplied thereunder. Whenever any building -contract shall
be so cancelled, every sub - contract shall also be thereby can
celled upon the same terms .
5. The provisions of this ordinance with reference to the Government
rules for the construction of buildings shall vot apply to build- buildings,.
ings belonging to the Colonial Government, or to buildinys
upon any land vested in any person on behalf of the Naval or
Military Departments of Her Majesty's Service, but all the
provisions in relation to inflammable structures, to boardings,
and scaffoldings, and verandahs shall apply without exception
to all buildings throughout the Colony .
6. Nothing herein contained shall vary or affect the rights liabilities
Rights or
or liabilities as between landlord and tenant under any contract between
between them . landlord and
tenant,
7. In the construction of this ordinance ( if not inconsistent Definitions.
with the context) the words and expressions in italics shall
have and include the respective meanings hereinafter assigned
to them , that is to say :
1. Building. – Any domestic building, house, verandah ,
cook -house, privy, gallery, chimney, bridge , out-house,
stable , shed, mat-shed, warehouse, manufactory, shop,
work -room , distillery, or place of secure stowage, or
any alteration to the same involving new foundations.
2. City of Victoria . — The districts specified in the regula
tion of Chinese Ordinance, 1888 .
3. Cross Wall. Any wall of brick or stone used or built in 1891.
(No.25]
of
order to be usedas a separation of one part of any build
ing from another part, which shall include the yards of
such building, of the same building, such parts being
accessible through a common entrance.
4. Domestic Building . - Any human habitation or building
where persons pass the night.
1122 [ 15 of 1889. ] BUILDINGS .
5. External Wall . – Any wall or vertical enclosure of any
building not being a party wall , por the external wail
of a verandah .
6. Fleor.--- Any horizontal platform forminy the base of
any story, and every joist , board, timber, stone, brick,
or other substance connected with and forming part
of such platform .
7. Owner.- Any person for the time being in the posses
sicn or receipt of the rent or profits of any premises,
solely or as joint-tenant, or tenant in common with
others whether on his own behalf or otherwise or
where such person cannot be found or ascertained the
occupier.
8. Party Wall.- Any wall used or built in order to be
used as a separation of any building from any
other building, such buildings not being accessible
through a common entrance .
( Extended to 9. Public Building.- Any building, not in the Naval or
Hotel & Clul 8.
See No. 25 of Military Departments, used for public workship,
1891, 8. 3. ) public instruction, public assembly, or public recrea
tion ; also every building used as a public hall or
hospital, or for any other public purpose what
soever .
10. Story . — The space between the upper surface of every
floor and the upper surface of the floor next above
it , or if there be no such floor, of the roof next
above the said first mentioned floor.
11. Verandah.--- Any projection over Crown Land whether
verandah, oriel, portico, flying balcony or other
structure .
12. Works.— The partial or total constructing, reconstruct
ing, pulling down , opening, cutting into, adding to,
and altering any building, wall, retaining -wall,
chimney, stack, flue, scaffold, ground, road , well,
drain, sewer, pier, wharf, fence, or any other build
ing operation whatsoever.
Building Materials.
Building
materials.
8. Except as hereinafter provided , all walls of buildings shall
be constructed exclusively of good hard well burnt brick, sound
stone or other hard and incombustible substance.
Exceptional Structures.
Exceptional
structures.
9. Every public building, factory, or building intended for
Whare.
houses of
special uses including the walls, roofs, floors, galleries and stair
cases, and every structural work of iron , concrete or other
BUILDINGS . [ 15 of 1889. ] 1123
material not provided for in this ordinance, shall be constructed upwards of
50 feet
with such precautions for the safety of the public as having weight in.
regard to the special purposes for which such building or cluded. No.25 of
structural work is intended to be used, shall be approved by the See
1891,8.4.)
Surveyor General.
Walls .
10. Erery wall constructed of brick, stone, or other hard and Walls.
( No. 25 of
incombustible substance, shall be solid across its entire thickness, 1891.1
and shall be properly bonded and substantially put together with
gouil lime-mortar or cement-mortur', and except where specially
permitied in this ordinance, no part of such wall shall be thicker
than any part underneath it, and all cross-walls and return -walls
shall beproperly bonded into main -walls. Sound black bricks may
be exclusively used in the walls of the two uppermost stories of a
building but not in the walls of the other stories without the approval
of the Surveyor General.
11. Every person who shall erect a new building shall construct External and
every external and every party wall of such building in accordance thickne
party walls
ss of
with the following rules and in every case the thickness prescribed [Ibid. )
shall be the minimum thickness of which such wall may be con
structed .
( a .) Where the wall does not exceed 12 feet in height it shall
be 9 inches thick for its uhole height.
(6.) Where a wall exceeds 12 feet in height but does not exceed
40 feet in height it shall be 13. inches thick for its
whole height
( c.) Where a wall exceeds 40 feet in height but does not exceed
50 feet in height the lowermost story shall be 18 inches
thick and the remainder 13.4 inch : s thick.
(d.) Where a wall exceeds 50 feet in height but does not exceed
60 feet in height the tưo louermoet stories shall be 18
inches thick and the remainder 13. , inches thick.
( e.) Were a wall exceeds 60 feet in height but does not exceed
70 feet in height the lowermost story shall be 22 inches
thick the next two stories above shall be 18 inches thick
and the remainder 13.) inches thick.
( j.) Ilure a wall exceeds 70 feet in height but does not exceed
80 feet in height the two lowermost stories shall be 22
inches thick, the next tiro stories 18 inches thick, and
the remainder shall be 13 inches thick.
12. (1.) No wall shall exceed 35 feet in length clear of any Length of
return or cross wall without the approval of the Surveyor General walls
nor shall any ( No. ,25 of
wall exceed 80 feet in height without the approval of 1891. ]
the Surveyor General.
1124 [ 15 OF 1889. ] BUILDINGS .
Height of
walls. (2.) The height of all walls shall be measured from the top of
[ Ibid .] the footings to the highest part of the wall, or in the case of a gable
to half the height of the gable.
Cro38 walls.
[ Ibid. ]
13. (1. ) A wall shall not be deemed a cross wall for the purpose
of determining the length of any external or party wall unless it is
carried up to the top of the topmost story, and unless in each story
the aggregate extent of the vertical faces or elevations of all the
recesses and that of all the openings therein taken together shall not
exceed one half of the whole extent of the vertical face or elevation
of the wall in such story.
Stories.
[ Ibid .]
( 2.) If any story exceeds in height fourteen times the thickness
of its walls as prescribed in section 11the thickness of each external
wall and of each party wall throughout that story shall be increased
to one fourteenth part of the height of that story and the thickness
of each external wall and of each party wall below that story shall
be proportionately increased'. Such increase of thickness may be
provided for by piers ; the disposition, width and thickness ofsuch
piers shall be approved by the Surveyor General.
Thickness of
walls. ( 3.) The thickness of every cross wall shall be at least two thirds
[ Ibid . ) of the thicknessprescribed by sections 11 and 12 in that behalf for
an external wall or party wall of the same height and length and
belonging to the same class as that to which such cross wal belongs
but shall in no case be less than 9 inches thick. But if such cross
wall supports a superincumbent external wall the whole of such
cross wall shall be of the thickness prescribed by the bye-law in that
behalf for an external wall or party wall of the same height and
length and belonging to the same class of building as that to which
such cross wall belongs.
Damp proof 14. Every person who shall erect a new domestic building or
Course .
[ Ibid. ] any other class of building having a timber floor shall cause every
wall of such building to have a proper damp course of sheet lead,
asphalte, or Portland cement (such asphalte or Portland cement to
be not less than half an inch in thickness), or other impermeable
material approved by the Surveyor General, beneath the lowest
timbers and as near the ground as is possible but in no case at an
height of less than 6 inches above the surface of the ground adjoin
ing such wall.
Foundations.
15. The foundations of every wall of a building shall be of
footings of sound stone, brick , or other equally hard substance
carried down to the depth of not less than twice the thickness
of the wall at the lowest story of the said building ; and the
lowest course of every such foundation shall be of not less than
twice the thickness of the wall at the said lowest story , and the
thickness of such foundation shall diminish gradually towards
the upper surface thereof in regular steps or offsets, provided
BUILDINGS . [ 15 oF 1889. ] 1125
that on rock conglomerate or other hard ground of an incom
pressible nature, or in sandy, unstable or soft ground the Sur
veyor General may permit or require the foundations of all works
and buildings to be of such special depth and width, and of such
materials as being in each particular case applicable to such
ground shall be approved by him .
16. Every party wall shall be carried up above the roof of Height of
every building to a height of at least eighteen inches, measured party wall.
at right angles to the slope of the roof, and every such party
wall shall be properly coped or otherwise protected, in order to
prevent water from soaking into such wall.
17. When buildings shall have ceased to be in the occupation Opening
of the same person any openings previously made through the through
wall .
party
party wall shall be solidly stopped up with brick or stone-work
of the full thickness of the party wall and properly bonded there
with. Recesses may be made in party walls and in external walls,
provided that every recess is arched over, that the aggregate
area of such recesses does not exceed one half the whole area of
the wall of the story in which they are made, and that thebacks
of such recesses are of not less thickness than thirteen inches in
party walls, and nine inches in external walls. In the case of
a shop front left open to the street the side walls or party walls
shall be returned along such front for at least twelve inches
where the house has more, and for at least six inches where the
house has not more than one story above the ground floor, and
such return walls shall be properly bonded into the side walls
or party walls .
18. Structures maile wholly or partly of glass or iron , or other Structures.
material not provided for in this ordinance or any amending 1891. {20:25
] of
ordinance may be designed otherwise than herein provideil and
shall be deemed to be exceptional buildings , and shall be subject to
the approval of the Surveyor General in each particular case.
19. Notwithstanding anything herein to the contrary pro- Buildings
vided , where buildings are in rural districts such buildings if leases
under may
ruralbe
entirely detached from other buildings and separated by a ofwood.
distance of not less than one hundred and fifty feet from any
neighbouring building in different ownership , may have walls
and verandahs constructed wholly or partly of wood , and such
buildings shall be deemed to be exceptional structures and shall
be subject to the approval of the Surveyor General in each
particular case .
Bressummers or Lintels.
20. Every bressummer used in a building must have a bearing Bressummers
of at least six inches at each end , and must rest upon a sufficient or lintels.
pier of brick or stone, or iron story -post fixed on a solid ( Suficient
required, No.
25 of 1891 ,
8.7.]
1126 [ 15 of 1889. ] BUILDINGS .
foundation, or upon an external or party wall and every
bressummer bearing upon any external or party wall, must be
borne by a template or corbel of stone tailed through at least
half the thickuess of such wall and of the full breadth of the
bressummer.
Floors.
Distance be- 21. The floors of any one building shall not approach nearer
tween floors
of contiguous than nine inches towards the floors of any other contiguous
building building separated by a party wall, and the space intervening
between the ends of the two floors shall be properly and
substantially built up solid with whole bricks or with stone laid
in mortar.
Floors to rest
on solid brick
22. The floors of all buildings including verandahs shall in all
oroshlon brone: cases rest upon at least six inches of solid bricks work or stone -work
work or
work. and abut ayainst, at least nine inches of solid brick -work or stone
( No.25 of
1891.] work, and in all cases where the wall supporting such floor is of a
less thickness than eighteen inches, such wall shall be corbelled out in
brick or stone -work immediately below the joists of the floor.
Space be 23. A clear space of at least nine feet measured vertically,
tween tloors. shall be left between any two floors of any dwelling house.
Mezzanine 24. A mezzanine floor or story shall have in every room a
floor.
clear space both above and below it of nine vertical feet, where
such floor or story extends over more than two -thirds, and of
six vertical feet where it extends over two -thirds or less than
two -thirds of the greater dimension of Where aay
such room .
mezzanine floor shall have been erected, previous to the passing
of this ordinance, under conditions contrary to the provisions
of this section , and it shall appear to the Surveyor General that
such conditions affect the safety, or to the Sanitary Board that
tbey affect the health, of the inmates or of the public, it shall
be lawful for the Surveyor General to order the removal of such
mezzanine floor to such extent as may be approved by the
Governor in Council.
Height of 25. The height of every uppermost story of any dwelling
uppermost
story of house shall be measured from the level of its floor up to the
dwelling
house.
under side of the tie of the roof, or up to half the vertical height
of the rafters or purlins when the roof has no tie.
Corbelling.
Corbelling. 26. All corbelling for the support of floor or of roof timbers,
shall be done in stone cut to flat beds or in red brick at least
nine inches in length and laid flat. No one corbelling course
if of brick shall project beyond the course immediately beneath
it more than two and a quarter inches.
1127
BUILDINGS. [ 15 of 1889. )
Roofs.
27. The roof of every building or of any minor superstructure Covering
roof. of
placed above such roof, shall be externally covered with tiles,
glass, metal, or other incombustible substance except the doors,
and frames of dormers or sky -lights. All hatch ways leading
out into the roofs of buildings, shall be provided with batches
or covers which if not composed entirely of metal shall be
properly sheathed externally in sheet metal.
28. No roof-timbers of any one building shall approach Roof-timbers.
nearer than nine inches towards the roof-timbers of any other
contiguous building and the space intervening between the en is
of such timbers shall be properly an :l substantially built up
solid with whole bricks or with stone laid in mortar .
29. No platform , superstructure, staging or frame-work of Platform .
> ([ See, No.
wood , mats, or other inflammable materials shall be erected or 1891 sec .25of
9.]
fixed temporarily or permanently, over or upon the roof of any
building within the City of Victoria or any of the villages of
Hongkong and Kowloon. Provided that frames affixed to
house-roofs for the purpose of drying clothes may be made of
bamboo .
30. The roofs of all buildings including verandahs, shall in Roofs to rest
all cases rest upon, and abut against, at least nine inches of work
upon orbrick
stone .
solid brick -work or stone-work , and in all cases where the walls work.
supporting such roof are ofa less thickness than eighteen inches,
such walls shall be corbelled out in brick or stone -work imme
diately below the rafters of the roof.
I'ood - ll'ork .
31. No bond timber or wood -plate shall be built into the Bond -timber
or wood-plate.
thickness of any party or external wall.
32. No timber or wood - rork shall be placed in any wall or Timber or
-
chimney -breast nearer than twelve inches from the inside of any woordwerker
near flue
flue or chimney -opening, nor under any chimney-opening within chimney
eighteen inches from the upper surface of the hearth of such opening.
chimney -opening ; nor shall'any wooden plugs be driven nearer
thau six inches to the inside of any flue or chimney -opening.
Arches,
33. Every arch under any public or private way used as a Arches.
a thoroughfare shall be formed of brick , stone, or other incom
bustible materials. If an arch of brick or stone is used , it shall,
in cases where its span does not exceed ten feet, be of a least
thickness of twelve inches ; where its span does not exceed
fifteen feet, it shall be of a least thickness of fifteen inches ;
1128 [ 15 of 1889. ] BUILDINGS .
and where its span exceeds fifteen feet, it shall be of such thick
ness and built of such materials as may be approved by the
Surveyor General. If an arch bridge or platform of iron,
concrete, or other incombustible material not being brick or
stone is used , it shall be deemed to be an exceptional structure,
and shall be constructed in such manner as may be approved
by the Surveyor General.
Projections.
Coping,
cornice, &c.
34. Every copiny, cornice, facia, window dressing, portico,
balcony, verandalı, and balustrade, and every architectural
projection and architectural decoration whatsoever, and also the
eaves or cornices to any overhanging roof, except the cornices
and dressings to the window fronts of shops, and except the
eaves and cornices to detached or semi-detached dwelling -houses
distant at least thirty feet from any other building or from the
land of any adjoining owner, shall be of brick, tile, stone,
artificial stone, slate, cement, or other incombustible material.
Eaves
gutters, &c.
35. The roof of every building, or verandah, shall be so
arranged and constructed, and so supplied with eaves-gutters
and rain-water down -pipes properly connected with the side
channels so as to prevent the roof waters being discharged upon
or over any foot-path or roadway .
Encroachments on or orer Crown Land.
Encroach 36. No encroachment shall be made upon or over Crown
ments on or
over Crown land by any verandah or balcony projected from any building,
Land . or by any other structure or part thereof whatsoever,
( 1. ) Without the previous consent of the Governor and
( 2. ) Until the applicant for leave to make such encroach
ment shall have previously signed an undertaking
in the form contained in schedules B. or C. and
( 3. ) Unless subject to such rules and regulations as may
be made by the Governor in Council under this
ordinance, and
( 4.) Unless the building from which such verandah or
other structure is intended to project, shall comply
in all respects with every provision of this ordinance
and of Ordinance 24 of 1887 and of bye-laws made
thereunder, and
( 5. ) Unless the street, lane, or alley into which such
verandah is intended to project is twenty or over
twenty feet in width from house-wall to house -wall.
BUILDINGS . [ 15 OF 1889. ] 1129
Kitchens and Cook -Houses.
37. Every kitchen or cook -house shall be provided with a pro- ofConstruction
kitchens or
perly constructed brick fire-place, and chimney or smoke flue. cooki-robertes
houses.
Every fire-place adapted forthe use of charcoal shall be provided 1891.]
(NO.25 of
with a hood of sheet metal or of lath and plaster of sufficient size
connecting with a chimney shaft or smoke flue carried up above
the level of the roof. The interior surfaces of every flue shall be
smoothly rendered with mortar, and no flue shall have less than
sixty square inches of sectional area .
Chimneys and Fire-places.
38. No fire-place, kitchen, or cook -house, shall be constructed cook-house
Kitchen orto
without a proper chimney or smoke flue or in such manner as to have smoke
allow the smoke to escape through any side opening, window or flue.
hole in the walls or roof, or through any vent other than the {$ ;, 25 of
1891.]
smoke flue .
39. The upper surface of any floor under any oven , stove, or oren
Floor, &under
c.
fire-place shall be of incombustible materials, extending over the [Ibid. ]
whole area covered by such oren , stove or fire-place and beyond to
a distance of 12 inches at least on every side of such oven , stove or
fire-place and such floor shall have hearths of stone, tile or other
incombustible material laid before every chimney-opening.
40. No pipe or flue for the conveyance of smoke shall be Pipe for
fixed nearer than nine inches to any wood- work or combustible conveyance
material unless encased in non -conducting and incombustible
material to the satisfaction of the Surveyor General.
41. Every chimney- shaft shall be continued up above the shaft.
Chimney
roof' in brick or cut stone- work of a thickness all round of not [ Ertended to
less than four inches, to a height of not less than three feet No.
smoke25 Hues.
of
above the highest point in the line of junction with such roof. 1891, sec. 11. ]
42. Chimneys of brick , stone , or other incombustible ma- Chimneys.
terials, may be corbelled out in the upper stories of buildings,
provided that the work so corbelled out does not project from
the wall more than the thickness of such wall , but all chimneys
built on the ground floors of buildings shall rest upon solid
foundations and upon footings similar in every respect to the
foundations of the wall against which such chimneys are built.
43. The back of every chimney -opening from the hearth up Back of
to the height of four feet above the level of the fire -grate, shall opening.
chimney
be at least nine inches thick if in a party wall , or at least four
and a half inches thick if not in a party wall.
44. The fire- places, kilns, furnaces, chimneys, flues and Certain fire
shafts, of any bakery, vermilion factory, opium boiling house, places deemed
or manufactory, shall be deemed to be exceptional structures, structures.
and shall be subject to the approval of the Surveyor General
in each particular case.
1130 [ 15 OF 1889. ] BUILDINGS .
Il'indous.
Sufficient
windows to
45. Every person who shall erect a new domestic building,
be provided . shall construct in the wall of each story of such building which
shall immediately front or abut on any open space a sufficient
number of suitable windows, in such a manner and in such a
position, that each of such windows shall afford effectual means
of ventilation by direct communication with the external air ;
the suitability for their object and the sufficiency in number of
such windows being in the discretion of the Surveyor General.
Ventilation under floors.
Ventilation 46. Every person who shall crect a new domestic building
under floors.
shall construct every room in the lowest floor if provided with
a boarded floor, in such manner that there shall be, for the
purpose of ventilation, between the underside of every joist on
which such floor may be laid, and the upper surface of the
asphalte or concrete with which, the ground surface or site of
such building may be covered , a clear space of three inches at
the least in every part, and he shall cause such space to be
ventilated by means of vents, gratings, or air- bricks.
Privies.
Privy. 47. Every person who shall erect a privy in any domestic
building shall cause the same to be constructed of brick at least
three feet wide by four feet deep internal dimensions, and such
privy shall wherever possible be so constructed as to open into
the outer air and not into the building.
Ventilation 48. Every privy shall have a suitable door and window as
of privy. also a ventilating opening into the external air not less than
eighteen square inches in area immediately under the ceiling,
and the window of such privy shall be of not less dimensions
than two feet by one fcot, exclusive of the frame, and it shall
open directly into the external air. The walls shall also be
rendered in cement-mortar or other non - absorbent material to
the height of at least 3 feet from the floor level .
Floor of 49. The floor of every privy on the ground floor shall be
privy.
raised at least six inches above the level of the ground outside,
and the floor of every privy shall be paved with smooth stone
flags, or with hard tiles , laid in either case on a bed of lime
concrete at least six inches thick , or with asphalte, or concrete
covered with cement mortar, or other pon -absorbent material,
and such floor shall have a fall or inclination towards the door
of at least half an inch to the foot.
Privy not to 50. No privy in any newly erected building shall have any
be connected
with drain or communication by means of any pipe, drain , grating, or other
sewer,
channel with any underground private drain, or public sewer,
BUILDINGS . [ 15 OF 1889. ] 1131
except for the purpose of carrying off ablution water,, and any
existing privy having such coinmunication shall have the same
completely cut off by the owner when so required by the
Surveyor General .
51. Every privy shall be provided with a moveable recep- Receptacle
tacle of non -absorbent material for the reception of filth, and in privy.
such receptacle shall have a capacity not exceeding two cubic
feet, and every privy shall also be provided with a stand or seat
fitted in such manner as shall enable the receptacle to be readily
removed and adjusted for the purpose of voiding the sare and
of cleansing the floor and sides of tlie privy.
Space in front of Buildings.
52. Every person who shall erect fronting a private lane any Space in front
view domestic building, other than a godown inhabited by such of building.
caretakers as are necessary for the protection of the property ,
shall so place the said building that along its entire frontage
there shall be an open space of at least seven and a half feet in
width, ineasured from the centre line of such lane.
New Buildings.
53. No new building shall be occupied except by a caretaker Occupation of
until such building shall have been certified by the Surveyor new building.
General or an officer deputed by him in that behalf as being in
all respects in compliance with the provisions of this ordinance.
Dangerous Buildings.
54. Every owner of a building which inay be declared by Dangerous
the Surveyor General to be in a ruinous or dangerous condition building.
shall cause the same to be shored or otherwise properly secured,
and shall erect in such manner as may be directed by the
Surveyor General a proper fence or boarding for the protection
of passengers .
55. Buildings rendered dangerous by fire, wind, or other Taking down
cause, to such an extent as in the opinion of the Surveyor ofdangerous
General shall necessitate their being taken down partly or in
whole, shall be taken down by the owner thereof upon the
receipt by him of a written notice from the Surveyor General ,
specifying the time within which the work is to be done.
56. If the owner of a dangerous building cannot be found, Shoring or
or if on notice from the Surveyor General he refuses or neglects of dangerous
within the time fixed in such notice to shore or otherwise pro- building at
perly secure, or to take down such dangerous building or such cost of owner..
portion thereof as may be deemed dangerous by the Surveyor
General , such dangerous building or such portion thereof shall,
1132 [ 15 OF 1889. ] BUILDINGS .
with all convenient speed be shored or taken down by the
Surveyor General, and the attendant cost shall be recoverable
by him from the owner of such dangerous building. In all
cases of emergency, the Surveyor General may cause the neces
sary work to be done without notice, the cost of such work
being recoverable in like manner.
Hoardings and Scaffoldings.
Hoardings 57. No public pathway or thoroughfare shall, during the
and scaffold .
ings. erection or repair of a building, be occupied by a hoarding or
scaffolding or by any building material whatever except by
authorityof the Surveyor General who may grant snch authority
on a written application, and upon such conditions as will
provide for the safety and convenience of passengers and the
occupiers of adjoining property. In all such cases the ground
occupied must be enclosed with a hoarding for the protection
-
of passengers, and due care shall be taken that the side-channel
shall be in no way obstructed by such boarding or by any
building debris or building materials; nor shall the pavement,
side-channel, or concrete covering of any public thoroughfare
be broken up, or into, by the excavation of holes for the pur
pose of securing any hoarding or scaffolding poles.
Inflammable structures.
Inflammable
structures .
58. It shall not be lawful for any person to erect in the
[ See No. 13 of Colony of Hongkong whether on private land or land the pro
1888, 8. 27.] perty of the Crown, or wbether for temporary or for permanent
occupation , and shed or structure of wood, mats, palm leaves,
thatch , or other inflammable material except with the previous
sanction of the Surveyor General and except subject to the rules
and regulations that may be made by the Governor in Council
under this ordinance, and no such shed or structure shall be
erected on any private land or land the property of the Crown
situated within the drainage area of any public reservoir, nor
without the special permission of the Governor in Council on
any hill-slope draining into the City of Victoria.
Blasting Stone.
Blasting
stone.
59. It shall not be lawful for any person to blast any stone
with any explosive substance, in the Colony, of Hongkong,
unless he shall have fully covered over and weighted down the
stone to be blasted with a sufficiently heavy timber shield or
taken such other precautions as shall effectually prevent any
fragments of such stone from being projected into the air, and
unless in addition , he shall previously have fully warned all
persons within a radius of five hundred feet from the proposed
blast by means of red flags and by the beating of a gong con .
BUILDINGS. [ 13 OF 1889.] 1133
tinued for at least five minutes , previous to the firing off of such
blast, and no blast shall be fired off except between the hours
of twelve and half-past twelve in the day and half-past four and
a quarter to five in the evening. Provided that in the Govern
ment quarries the blasting of stone shall be subject to such
rules and regulations as may be made by the Governor in Coun
cil under this ordinance, and provided further that the hours
for blasting specified in this section may be altered by order of
the Governor in Council published in the Gazette.
Earth Cutting.
60. It shall not be lawful for any person to cut earth or turf, Earth cutting.
or collect , extract or split stones from any land the proper of
the Crown, except subject to the rules and regulations that
may be made by the Governor in Council under this ordinance
or without the authority of the Surveyor General , granted by
permit in writing nor with such authority to cut earth or to
extract stones in such manner as shall undermine any bank or
earth, or in any way prejudicially affect or endanger the stability
of the same or of any land or property adjoining. For contra
vention of this section there shall be liable not only the labourer
doing the work but the permit -holder, contractor or foreman
under whom such labourer is working .
Timber Yards.
61. Every timber yard for the storage of timber other than Timber yards.
timber in baulk situated within the City of Victoria, shall be
enclosed on all sides by a brick wall at least ten feet in height
and fourteen inches thick, and shall have a clear passage not
less than six feet in width between the exterior face of such
wall and the nearest buildings adjoining. After the passing of
this ordinance it shall not be lawful to store more than three
hundred cubic feet of timber on any premises within the City
of Victoria, unless such premises are enclosed as herein provided,
or unless such timber be stored at a distance of at least 50 feet
from any building
Miscellaneous Provisions.
62. No person shall erect a new building over any Govern- Erection of
ment drain, nullah , or water -channel situated within his own Government
land , without making at his sole cost and to the entire satisfaction drain, & c.
of the Surveyor General, special provision for the reconstruction
or strengthening as the case may be, of the foundations, walls,
and arch or covering of such main-drain , nullah, or water
channel , in such manner as shall in the opinion of the Surveyor
General enable it to support with safety the weight of such
building
1134
( 15 or 1889. ) BUILDINGS .
Undermin .
ing, &c. ,
63. It shall not be lawful for any person to dig out the
Government foundation of any building, or to excavate any site, for any
drain .
purpose whatsoever, in such manner as shall cut into, open out,
divert, undermine, obstruct, dam , or otherwise interfere with
any Government drain , nullah, catch -water or other water-chan
nel situated on Crown Land or within private land , unless such
person shall at his sole cost have made previous provision , to
the entire satisfaction of the Surveyor General , for the escape
of any waters flowing through such drain , nullah , catch -water
or other channel.
Boundary 64. No person shal), after the passing of this ordinance,
wall, &c.
construct or reconstruct any boundary wall or enclosure wall
of stone, fronting any public road or thoroughfare within the
City of Victoria , unless such wall is solid throughout its entire
thickness and built of brick or stone properly bedded and bonded
together, and surmounted by a coping of dressed stone or
properly moulded bricks set in cement-mortar .
Retaining 65. No person shall after the commencement of this ordi
wall, &c.
nance , construct or reconstruct, any stone surcharged retaining
wall or scarp -wall whether of rubble masonry built dry or in
mortar, exceeding twelve feet in height, unless such wall is
provided with one ormore adequate foundation -courses of footing
stones cut to flat beds, and bedded on a layer of lime concrete
at least six inches thick laid on the solid ground , and such
footing stones shall project at least six inches beyond the face
of such wall, and shall extend back the full thickness of the
wall , and every such retaining -wall or scarp -wall shall be
provided at every square yard of surface -area of such wall with
a header or bondstone, at least one foot square, extending back
through the full thickness of the masonry .
Doors not to
open over
66. Save as by this ordinance provided , and except in the
public
thorough
case of public buildings, all the doors of which shall open out
fares. wards and in the direction of exit, it shall not be lawful for any
person to make any door or gate in such manner as to open
over a public thoroughfare, nor to project any door step or
landing on, to , or across any public foot-path, nor to extend or
affix any sun-shade, telegraph-wire, sign -board, lamp, grating,
gutter or other unauthorized projection from any building, in
such manner as shall cause obstruction, danger, or annoyance
to any way or to the passengers thereon, or as shall make any
encroachment on Crown Land .
IVells .
Wells. 67. It shall not be lawful for the owner of any building to
sink any well upon his premises, except by the leave of the
Surveyor General who may grant the same on a written applica
1135
BUILDINGS. [ 15 of 1889.]
tion , provided such well be not sunk within the curtilage of any
building, or provided there be no structural or other objection.
Every well shall be steined so as to exclude surface water for a
depth of at least twelve feet, below the surface of the ground ,
and shall be surrounded with a brick and cement parapet -wall,
at least two feet high and nine inches thick, and with a properly
paved or concreted surface-gutter for the conveyance of the drip
or waste water to the nearest drain - inlet or other channel with
which such gutter may lawfully communicate.
Piers and Wharves.
68. Except in the case of such piers and wharves as are Piers and
specially provided for by ordinance, it shall not be lawful for wharves.
any person to construct or reconstruct, any iron , timber, or
stone pier or wharf projected over any foreshore the property
of the Crown, without the previous sanction and authority of
the Governor, and unless such person shall have previously
signed an undertaking according to the form contained in sched
ule D. * of this ordinance; and in cases of reconstruction such f*No.25 of
1891 , s. 12.]
undertakiny shall supersede any other undertaking which may
have been previously signed in respect of such pier or wharf at
the time of its original erection . The Governor in Council shall [ Ibid .)
have power to make and when made to add to alter and repeal
regulations for the erection and maintenance of all piers and
wharves and for the payment of an annual rent for the encroach
ment by all piers and wharves constructed or reconstructed under
the provisions of this section .
Plans and Notices to Surveyor General.
69. It shall not be lawful to commence any building or work, Plan of
until proper plans of ihe same showing the dimensions and building to be
Supreyor by
position of all portions of the contemplated structure as are approved
inentioned in this ordinance shall have been previously sub- General.
works to
mitteil to the Surveyor Geueral and approved by bim as being (Extended
in conformity with the requirements of this ordinance, and snch ng No.25*of
plans shall be drawn to a scale of not less than one -sixteenth 1891, sec . 13.]
of an inch to the foot , and shall contain enlarged details with
figured dimensions, of the principal features of construction,
and in the case of proposed new buildinys, or the repair or
reconstruction of old buildings, such plans shall show the posi
tion and levels of the surrounding ground and buildings.
A duplicate of any plan referred to herein shall be deposited Duplicate
in the Surveyor General's Office. If such plans contain all the deposited
plan to bein
necessary requirements as to drainage it shall not be necessary Surveyor
General's
to furnish any copy of the same to the Sanitary Board. And Ofice..
the plan so deposited with the Surveyor General and signed by
him shall be deemed for all purposes as the plan sanctioned
under this ordinance.
1136 [ 15 of 1889. ] BUILDINGS .
Any divergence in the work of the plans so deposited shall
be deemed a contravention of this ordinance unless such diver
gence shall have received the approval of the Surveyor General
as being in conformity with the requirements of this ordinance.
Notice of 70. It shall not be lawful to commence any buildings or
ment ofwork.. works, or to resume the same if they have been suspended for
a period exceeding three months, until four days' notice in
writing of the intention to commence or resume the same,
according to the form contained in schedule A. shall have been
given to the Surveyor General , by leaving such notice at his
office. Every such notice shall specify the number if any and
the position or locality of the intended building, together with
the land register number of the lot in which it is situated , and
the name and address of the person for whom , or by whose
direction the building or work is to be executed and shall also
give any special or material particular in connection with the
: e, which it has not been possible to denote on the plans.
su
In case of
71. In case any accident or emergency shall render it neces
noticemay be sary to commence, or resume any building or work immediately,
given after it shall be lawful so to do, provided due notice of the same be
ment ofwork, given to the Surveyor Geveral within two days thereafter,
specifying in addition to the matters herein before mentioned ,
the nature of the accident or emergency which has occasioned
such necessity .
Alterations 72. Any alteration, addition, or other work made or done
and additions, for any purpose in , to, or upon any existing building, or work
after the commencement of this ordinance shall , to the extent
of such alteration, addition, or work , be subject to the provisions
[ No. 25 of
1891.1
of this ordinance, and except in cases where the whole of such work
or building, including the old portion of the structure, when com
pleted complies with the provision of this ordinance such alteration,
addition, or other work shall be subject to the approval of the
Surveyor General.
Plans respecto 73. If the Surveyor General upon inspection of the plans
ingdrainage
to be submitted for any proposed new building or work or for the
J'eferred to
Sanitary
alteration of any existing building or work shall find anything
Board . therein in respect of house-drains in contravention of the pro
visions of Ordinance 24 of 1887 or the bye-laws made there
under he shall forthwith refer such plans to the Sanitary Board ,
who shall thereupon deal with the case in the manner provided
in such ordinance, and such plans if amended by such board
shall as amended be strictly followed in the subseqnent carrying
out of the work .
BUILDINGS . [ 15 of 1889. ) 1137
Drain - connexions with Government Vain Severs.
74. All private house -drains shall be laid as may be directed Drain
by the Sanitary Board under the provisions of Ordinance 24 of with Govern .
1887, and on their completion within private premises, such ment main sewers .
private house-drains shall be connected with the Government
main sewer upon a permit being obtained for that purpose from
the Surveyor General, and every drain -connexion shall be carried
out subject to the conditions endorsed on such permit for secur
ing their satisfactory construction. The holder of such permit
shall be responsible for any damage to persons or property
arising out of any negligence or non -compliance on his part
with the conditions of the permit and he shall at his own
charges defray the cost of restoring to its former condition any
public street, place or thoroughtare that may have had to be
opened for the purpose of such drain -connexion.
Powers and Duties of the Surveyor General as to Entry
and Inspection .
75. Upon receipt of notice of the commen or res
cement or ump- rtoenter Powe
tion of any building or work , the Surveyor Gen eral officers and inspect
deputed by him for the purpose shall, as often as may be neces
sary for securing the due observance of the provisions of this
ordinance, enter, inspect, and survey every such building or
work during its progress, and in the event of his discovering
during the course of such inspections that the provisions of this
ordinance bave been contravened in respect of any detail thereof
the Surveyor General or officer whom he may direct on his
behalf may stop the continuance of building operations until
such contravention has been rectified . Every person in charge
of the erection of a building shall provide, planks , ladders or
other reasonable means of access to every part of such building
to facilitate the inspection of the Surveyor General or his officers.
76. Whenever it sliall be necessary for the Surveyor General Cases in
or any officer whom he may direct on his behalf to enter any may be made.
house, building, or tenement, in the following cases, viz . : --
1. Whilst any houses, buildings, or tenements are being
constructed under the provisions of this ordinance, or
2. Where upon or after the completion of any houses,
buildings, or tenements it is necessary for the Surveyor
General to inspect such houses, buildings or tenements
for the purpose of ascertaining whether the require
ments of this ordinalice have been carried out in rela
tion to such construction , or
1138 [ 15 of 1889. ] BUILDINGS .
3. Where the Surveyor General has reasonable grounds
for believing that within any houses, buildings, or
tenements there are works completed or being carried
out in contravention of this ordinance,
and the owner or occupier shall refuse to allow such entry , the
Surveyor General or any officer generally or specially deputed
hy himn in writing for that particular purpose may give one
day's notice to such owner or occupier, requiring to be per
mitted to enter the premises ; and in case at the espiration of
such notice, admittance shall be refused , it shall be lawful for
the Surveyor General or for ክany officer so specially deputed by
him as aforesaid to effect such entry, and to make such ins
pection, or to execute such work, as may be required for the
purposes aforesaid, doing as little damage as may be, in the
execution of the powers hereby granted .
Nuisances under this ordinance.
Nuisances. 77. The following shall be deemed nuisances under this
ordinance :
1. Every verandah over land the property of the Crown,
and every pier or wharf over a foreshore the property
of the Crown, the owner whereof in each case, shall
have neglected or refused to construct, reconstruct,
repair, maintain, or occupy the same in accordance
with the provisions of this ordinance, or with the rules
and regulations framed thereunder by the Governor
[* See No. 25 in Council. *
of 1891, s . 12. ]
2. Every building or work whatsoever hereafter to be
commenced, resumed , prosecuted, finished , or altered ,
in contravention of any section of this ordinance.
3. Every act, failure, neglect, omission or refusal, whereby
any section of this ordinance is contravened.
4. Every building or work any part of which is in a ruinous
and dangerous condition.
5. Every unauthorized encroachment on, over, or under
any land the property of the Crown .
6. Every building erected or to be hereafter erected in
contravention of any law of any inflammable material,
and every building within the City of Victoria and the
villages of Hongkong and Kowloon whereof the roof
contains any platform , superstructure, staging or
[ See No. 25 of framework of wood, ( other ihan bamboo ), muts, or
1891, 8. 9. ) other inflammable material.
BUILDINGS . [ 15 of 1889. ] 1139
Abatement of nuisances.
78. In every case of a nuisance under this ordinance, the Notice of of
Surveyor General shall in the first instance serve a notice in the existence
nuisance.
form contained in schedule E, to this ordinance on the owner
of the building or work in respect of which complaint is made
and such notice shall specify the nature of the nuisance and the
manner and the time in which it is to be abated, and in the case
of refusal or neglect to comply with the requirements of such
notice, the Surveyor General shall summons such owner before a
Magistrate, who may make an order directing such owner,
whether he appear or not to the summons, to abate such nui
sance within a time to be fixed by such Magistrate.
79. In case the said nuisance shall not be abated within the Magistrate's
order to abate
time limited it shall be lawful for a Magistrate, to make an nuisance.
order empowering the Surveyor General to abate the nuisance ;
and all expenses incurred by the Surveyor General in causing
such nuisance to be abated as aforesaid , shall be paid by the
owner without prejudice ( in the case of ruinous or dangerous
buildinys) to the right of such owner to recover the amount
of such expenses from any lessce or other person liable for the
same .
80. Whenever the demolition of any building or work shall Recovery of
take place under any such order as provided in the preceding spennenof
abatement of
section , it shall be lawful for the Surveyor General in case of nuisanceby
non -payment of the said expenses by the owner, to sell and materials.
sale of
dispose of the materials thereof, and out of the monies arising
from such sale or disposition , to retain or pay the said expenses ;
and the surplus, if any, shall be paid to such owner .
81. It shall be lawful for a Magistrate to order such owner Distress in
to pay all expenses incurred by the Surveyor General in the paym case ent
of non
of
abating of any nuisance in the manner aforesaid , and in case of expenses .
non -payment, by warrant under his hand and seal , to cause the
same to be levied by distress and sale of the goods and chattels
of such owner .
Existing
82. Nothing herein contained shall affect any other existing remedy not
remedy for the abatement of nuisances. affected.
Service of Notices, Summons, or Orders.
83. Àny notice, summons, or order, under the provisions Service of
hereinbefore contained as to nuisances, may be served on the notice, &c.
owner of any premises, by leaving the same with any occupier
of such premises, or with some inmate of his abode, or if there
is no occupier, by putting up such notice, summons, or order
on a conspicuous part of the premises to which the samne relates.
But if the place of residence within the Colony, of the owner, or
1140 [ 15 of 1889. ] BUILDINGS .
that of his agent, be known to the person by whom , or on whose
behalf any notice , summons, or order is intended to be served,
a copy of every such notice, summons, or order, shall in addition
be left at such place of residence.
Penalties.
Fine for
oftences
84. Every person offending against the provisions of sections
against secs. 54 to 66 both inclusive, sball be liable on summary conviction
58 to 63,
thereof before a Magistrate to a fine not exceeding fifty dollars.
Fine in case 85. Every person committing a nuisance as defined in
of nuisance .
section 77 shall be liable on summary conviction thereof before
a Magistrate to a fine not exceeding one hundred dollars.
Fine for 86. Every person who shall refuse to obey the order of any
refusing to
Magistrate issued under the provisions of this ordinance, or
trate's
or for
order, who sball, without reasonable cause refuse to permit the Surveyor
obstructing General or officer acting by bis direction to enter any house,
Surveyor building, or premises, in the performance of his duties under
General,
this ordinance and every person who shall obstruct or hinder
the Surveyor General or any officer acting by his direction in
the execution of the powers vested in him by the provisions of
this ordinance, or by any order of aa Magistrate, shall be liable
upon conviction thereof before a Magistrate, to аa fine riot exceed
ing one hundred dollars.
Appeal to Governor in Council.
Appeal. 87. Whenever any person shall be dissatisfied with the
cxercise of the discretion of the Surveyor General in respect of
any act, matter, or thing, wbich is by this ordinance made
subject to his discretion, the person so dissatisfied may in lien
of reverting to any legal remedy appeal to the Governor in
Council who may make such order in respect thereof, as may
be deemed expedient, and such order shall be final for all intents
and purposes .
Rules and Regulations.
Governor in
Council may
88. The Governor in Council may from time to time make,
make rules, and when made add to, alter, or reroke , rules and regulations
&c. for carrying out the provisions of sections 36, 58, 59, 60, and
68 of this ordinance.
Commencement of Ordinance.
Commence
ment of
89. This ordinance shall not come into operation unless and
ordinance . until the Officer administering the Government notities by
proclamation that it is Her Majesty's pleasure not to dissallow
the same, and thereafter it shall come into operation upon such
day as the Officer administering the Government shall notify by
the same or any other proclamation.
[ In force from 9th November, 1889. Proclamation of same date .]
BUILDINGS. [ 15 of 1889. ] 1111
SCHEDULES .
( A. )
Notice of intention to commence works.
18
To the Surveyor General.
I hereby give you notice pursuant to section 70 of The Buildings Ordinance,
1889, of my intention to commence the following works, viz.:
in accordance with the accompanying plans.
No. of Lot
Name of Street
No. of House
( Signature ),
( Address ),
Owner or À
Occupier,
( B. )
Agreement subject to which Verandahs may be crected on
or over Crown Land, ( Scction 36.)
hereby agree, in consideration of being permitted by His Excellency the
Governor to Verandah over Crown Land adjoining house No.
on Lot No. during the construction of the said
Verandah in no way to deviate from the plan thereof supplied, signed and
deposited herewith in the Office of the Surveyor General.
II. That will always keep the said Verandah in good repair and will
colour-wash , paint and cleanse the same whenever required by the Surveyor
General to do so.
III. That will always give free ingress to the Surveyor General, or
any officers duly authorized to enter the premises and examine the verandalı.
IV . And that should the land over which verandah is to be erected be
at any future time required by the Government for any public work ,
improvement, or other public purpose, hereby undertake on receipt of a
notice in writing froin the Surveyor General, yiven with the sanction of Ilis
Excellency the Governor, to remove at own expense the whole of the
structure within three months' time from the date of the receipt of such notice,
and without making any claim for compensation from the Government for
such removal.
Sir,
Your obedient Servant,
Witness to Signature,
Owner of
Lot No.
1142 [ 15 OF 1889. ) BUILDINGS .
( C. )
Agreement subject to which areas for the admission of light and
air into basements, may be constructed on Crown Land,
( Section 39. )
Hongkong, 18
Crown Lessee of do hereby covenant and agree
for heirs, executors, and assigns in consideration of
being permitted by His Excellency the Governor to construct as an
encroachment on Crown Land the following work :
adjoining house No. on
Lot No. not to deviate in any detail from the plan or drawing of such
encroachment signed by and deposited for record
in the Office of the Surveyor General.
2. further agree to keep the whole of the works comprised in such
encroachment in good repair, and not to permit the accumulation of rubbish
therein or to use such encroachment for storage purposes, or as a smoke-hole
or in any way other than a channel for the admission of light and air.
3. That will always give free ingress to the Surveyor
General or any Officer duly authorized by him to enter the premises for the
purposes of inspection.
4. That should the land occupied by this encroachment be at any time
required by the Government for any public work , improvement, or other public
purpose will on receipt of a notice in writing from the Surveyor General
given with the sanction of His Excellency the Governor remove at
own expense the whole of the structure within a period of three months from
the date of the receipt of such notice and without making any claim for
compensation on the Government for such removal.
Witness to Signature,
Ouner of
Lot No.
( D. )
See No. 25 of Agreement subject to which Piers and Wharves may be erected on or
7891, sec. 12 , orer Crown Foreshores, ( Section 68. )
and schedule . ]
1. The pier must be approved by the Governor. A plan of the proposer
pier or wharf shall in every case be deposited at the Surveyor General's
office, and no alteration to, or extension of, the said pier, shall at any time
be made by the owner without the previous sanction and approval of the
Governor obtained in writing.
2. The foundation , superstructure, landing -steps, roadway and every other
portion of the pier shall at all times be kept in a state of safety and repair
by the owner.
3. In the event of the Praya being extended at any future time, or from
any other cause whichi, in the opinion of the Government, shall suffice to
render the removal of the pier or any portion thereof advisable, it shall be
either partially or entirely removed by the owner. The Government shall
alone be entitled to dictate, in the event of a partial removal of the pier,
what portions of it are 10 be so removed , and any such removal, whether
11-13
BUILDINGS. [ 15 of 1889.]
partial or complete, shall be effected by the owner, within such a period as
shall be directed by the Government after due notice has been served on the
owner, and such notice shall suffice if it be served in writing by the Surveyor
General upon the said owner.
4. The cost of any such removal shall be exclusively defrayed by the
owner, and no compensation will be allowed by the Government for any
direct or indirect losses which the owner may suffer by such removal or by
any partial alteration of the pier which the Government may deem advisable.
5. The Government shall at any time that it sees fit revoke this concession
upon serving the owner with a notice of three months, and in case of such
revocation , the holder of this licence shall have no riglit to claim any com
pensation or damages from Government.
6. The owner shall have no right of access to the pier by water other than
such as the Government shall think fit to allow .
7. A green light shall be exhibited at the outer end of the pier and shall
be kept lighted between sunset and suurise.
8. No buoys or moorings shall be placed, other than such as the Govern
ment shall permit, under the provisions of Ordinance No. 8 of 1879, sections
29 and 30.
9. The platform of the pier shall not be used for the storage of materials,
neither shall any articles or materials remain on the pier, beyond the time
actually required for their shipment or landing as the case may be.
10. No warehouse, shed , or building of any kind shall be erected on the
pier.
11. Owners of regular steam - ferries and passenger-boats shall not be
entitled to make habitual use of the pier, but casual passengers and their
luggage shall at all times have free access to the pier for the purpose of
landing or disembarking.
12. The present licence shall not be assignell or transferred without the
consent of Government previously obtainel in writing.
In witness whereof have hereunto set
hand this day of 18
Witness to signature,
( E. )
Notice to abate nuisance.
lo .
Surveyor General's Ollice,
Victoria, Hongkong, 18
To A.B., Esq.
It has been reported to me that a nuisance exists
your Lot No. situated
viz . :
I bave therefore to give you notice to abate the nuisance by
so as to render it unnecessary for me to put in force the rovisions of the
Buildings Ordinance, 1889.
( Signel)
Surreyor General.
1144 ( 16 of 1889. ) PRAYA RECLAMATION ,
No. 16 OF 1889.
Title .
An Ordinance to carry out a scheme for the Reclama
tion of the foreshore opposite the City of Victoria.
[ 10th May, 1889. ]
Preamble . HEREAS the foreshore of the Harbour of Victoria is in
WHEprocess of silting up to the detriment of the health and
commerce of the Colony, and it is expedient to put a stop to
such process and to provide a deep water frontage; and whereas
the area of level land for building and for roads and quays and
open spaces along the sea front of the City of Victoria is
insufficient to meet the growing wants of the Colony , and it is
expedient to enlarge the same :
Short title. 1. This ordinance may be cited for all purposes as The Praya
Reclamation Ordinance, 1889.
Power to
carry out
2. The works authorized by this ordinance and all works for
works of the effectual and convenient carrying out of the same are declared
reclamation . to be works for the improvement ofthe Colony and for a “ public
purpose " within the meaning of that term as contained in the
Crown leases of lands in the Colony.
3. Subject to the provisions and for the purposes of this
ordinance, it shall be lawful for the Governor to carry out the
works authorized by this ordinance according to the plan and
drawings deposited in the Land Registry Office signed by the
Surveyor General and countersigned by the Governor, and such
plan and drawings shall remain in the said office and shall be
open to public inspection at convenient hours.
Deviations. In carrying out the works it shall be lawful for the Governor
to deviate in respect of details to any extent that shall not
materially alter or affect the general design set forth in such
plan and drawinys : provided that the area of land to be disposed
of for building as shewn upon the said plan shall not be un
necessarily diminished.
Commence
ment of
The works shall be commenced forthwith and shall proceed
works . without unnecessary interruption or delay until completion and
Appointment the Governor is hereby authorized to appoint a competent officer
of special to superintend and a competent staff to assist in carrying out the
a
staff, &c.
said works and to procure and obtain such plant, machinery
materials and things as may be necessary for the said works.
The salaries of such officer and staff and the cost of such plant,
machinery,materials and things shall be defrayed as part of
the costs of the said works in manner hereinafter provided .
Works
authorized .
4. The works authorized by this ordinance comprise the
following, that is to say :
PRAYA RECLAMATION . [ 16 OF 1889. ) 1145
(a. ) The making of an embankment along the harbour
front of the City of Victoria with all necessary and
convenient walls, drains, wharves, piers, landing
places, approaches and other conveniences and
works ; such embankment to commence westward
at a point upon the sea -shore opposite Marine Lot
No. 188 and marked upon the said plan, and to
terminate eastward at a point opposite to Murray
Pier ; the said embankment to be constructed in
whole or in greater part upon the bed or foreshore
of the harbour.
( b. ) The making upon the said embankment of a public
road-way not less than seventy -five feet, and the
widening out of the present Praya roadway to a
width of not less than seventy -five feet, with all
necessary and convenient approaches to the same.
( c. ) The reclaiming and enclosing and filling up so much
of the foreshore and bed of the Harbour as lies
between the present Praya wall and the intended
embankment, to such heights and levels as may be
determined by the Governor.
5. For the purpose of effecting the works authorized by this Power to
ordinance it shall be lawful for the Governor to remove, destroy,? obstructions
remove
alter, divert, stop up, or enclose such streets, drains, vacant to work.
ground, wbarves, piers, landing places, and other things as shall
in the judgment of the Governor be necessary to be done for
the purposes of this ordinance..
6. All the land and foreshore and bed of the sea to be Title to
reclaimed
.
reclaimed under this ordinance, and all the land occupied by receild
the present Praya road- way and wall along the line of the
intended reclamation , is hereby declared to be absolutely the
property of the Crown , free from any restriction whatever, and
the Governor shall have power, subject to the provisions of this
ordinance, to deal with the same and to dispose of the same for
building or any other purpose in the same way and to as full
an extent as in the case of other Crown lands ; and all property ;,
estate, rights or supposed rights and easements or supposed Rights,case
easements of any persons or class of persons, whether Crown ments, &c,
leaseholders or licensees or otherwise, to the user or possession
or occupation of, in , over or in any way in relation to such
land , foreshore, bed of the sea embankment, reclamation or
praya road -way and wall, or in relation to any wharf, landing
place, pier or other place, situate thereupon, are hereby declared
to be absolutely extinguished and determined.
1116 ( 16 OF 1889. ) PRAYA RECLAMATION .
Provisions as
to cost of
17. Whereas the Crown lessees or their assigns registered in
works and the Land Registry Office at the date of the commencement of
agreements this ordinance in respect of the lots of land or sections thereof
& c. fronting the Praya Roadway along the line of the proposed
reclamatiou (which persons with their executors, administrators
and assigus except where repugnant to the context are herein
after referred to as lessees) or the majority of them have already
declared or signified their readiness to contribute towards the
cost to be incurred for and in connection with the works
authorized by this ordinance provided the Governor will grant
to them respectively Crown leases of such equitable proportion
of the proposed reclamation as may be available having regard
to public requirements in respect of the roads and streets to be
made on the land when reclaimed and in the case of each lessee
having regard to the claims of other lessees and whereas it has
beeu agreed that the cost of the said works shall also include a
su!n not exceeding $ 5,000 for preliminary expenses, a suun not
exceerling $ 180,000 by way of compensation to owners and
occupiers of wharves and piers along the line of the proposed
reclamation and a further sum not exceeding $ 105,000 for the
purchase of a portion of the land in conrse of reclamation
opposite Marine Lots Nos. 95 , 96, 97 , 98 and 105. Be it
further enacted as follows :
Detailed plan
to be made
( i. ) As soon as practicable after the commencement of
and deposited this ordinance, a further plan signed by the Surveyor
with schedule General and countersigned by the Governor, show
of lessees and
their contri. ing in detail the portion of the proposed reclama
butions at
Land Office . tion assigned to lessees in respect ofthe lots of land
or sections thereof registered in their names at the
Land Registry office at the date of the commence
ment of this ordinance, shall be deposited at the
said office and shall have annexed thereto a schedule
containing a list of the lessees of such lots of land
and sections as aforesaid and the approxiinate con
tribution required from each of them in respect of
the cost of his portion of the reclamation .
Deposit to be
notified and
( ii. ) The deposit of such further plan as aforesaid shall be
schedule to be notified * in the Gazette, a copy of the said schedule
published in
Gazette.
being published at the same time, and lessees who
[ * See Gore are desirous of entering into the agreement hereafter
cronment Notic
ification No. mentioned shall within a period of two months
301 published from the date of such notification, signify respect
in Gazette Oth
July, 1889, ively in writing their acceptance of the portions of
infra .] the land assigned to them on the said plan and of
their intention to enter into an agreement,
PRAYA RECLAMATION . [ 16 of 1889.] 1117
( iii . ) On the expiration of two months from the date of Power to
enter into
such notification as aforesaid and within aa further agreements
assent
withlessees.
period of one month it shall be lawful for the ing
Governor if he think fit to enter into an agreement
with the lessees individually who have signified
their intention and acceptance as aforesaid , such
agreement being upon the terms and subject to the
conditions in the form in the schedule to this ordi.
nance ; and the Governor is hereby empowered to
dispose of the reclaimed land in accordance there
with ,
( iv . ) Notwithstanding any such agreement as aforesaid Errors in
shall have been signed by any lessee, if any error quantity or
in quantity or area of land agreed to be granted agreed to be
shall be discovered by either party thereto prior to granted..
the granting of a Crown lease of such laud it shall
be lawful for the Governor in Council to rectify and
readjust the same and to grant a less or greater
portion of land as the c : se may be, and to alter accord
ingly the lessecs contribution : provided always
that the lessee, if bis portion of land is diminislied ,
shall have the option , if he so elect , of cancelling
the said agreement and thereupon all moneys he
shall have already paid shall be refunded.
(v.) Notwithstanding anything contained in the schedule Each lessee to
bear ofactual
to be deposited in the said office as aforesaid or in cost his
any agreement entered into in pursuance of this portion of
ordinance no lessee shall ( save as provided by subs- reclamation.
section ( vii ) of this section) be liable for more than
the actual cost of the reclamation of the land agreed
to be granted to him and of all works authorized
by this ordinance in connection therewith ( such
actual cost in case of doubt to be decided by the
Governor in Council) avd if such cost shall exceed
or be less than the amount estimated or named in
such schedule or any agreement as aforesaid the
lessee shall bear and pay such excess or be entitled
to the benefit of such less sum and to a proportionate
refund .
( vi . ) In case any lessce shall not signify his acceptance Compensa
in the manner and within the time provided in assenting
tion tonon
sub -sections (ii and iii ) of this section he shall lessees.
have no claim to any compensation in respect of
a ny depreciation of his lot by reason of the said
works, but the Governor may if he thinks fit award
1113 [ 16 of 1889. ] PRAYA RECLAMATION .
to him such a sum of money or such a Crown
Lease of new land as he may in his absolute
discretion think sutticient as and by way of compen
sation for any injury that such lessee may have
sustained by the said works.
Extraordi ( vii.) If from time to time before the completion of the
nary expenses
of works, how said works any extraordinary loss, damage or
to be borne.
expense is caused to or rendered necessary for the
said works or for any portion thereof by or in con
sequence of any unforeseen difficulties that may
present themselves in the progress of the said works
or by or in consequence of any typhoon or storm
or other catastrophe such loss, damage or expense
shall when it has been ascertained by the Surveyor
General and certified by him to the Governor in
Council, be made good by the lessees who have
entered into agreements in pursuance of this section
such lessee's contributing such a proportion of the
sum required, as the Surveyor General shall certify
to be equivalent to the proportion which the amount
of the lessee's contribution mentioned in his agree
ment bears to the total cost of the said works.
Provision for
cost of works
( viii.) So much of the cost of the said works as shall not
not borne by be contributed by the lessees under the provisions
lessees.
of this ordinance shall be defrayed out of the Public
Revenues of the Colony.
( 'ertain 8. Escept as in this ordinance provided, no marine lot-holder
claims barred or other person shall be entitled as against the Crown to any
the Crown . damages or compensation for the depreciation or injurious
affecting of his property or business caused by, or resulting
either directly or remotely , from any of the said works.
Saving as to
foreshore
9. Nothing in this ordinance shall be deemed to recognise
rights. any foreshore rights whatever as against the Crown ; nor shall
anything herein be deemed to affect any right or claim as
between lessees and their sub - lessees or tenants inter se .
Maintenance
of sea wall,
10. From and after the completion of the embankment
roads, &c. authorized by this ordinance, the Governor shall keep and
maintain the sea wall thereof and all the public roads thereon
ont of monies to be provided from the public revenues of the
Colony: Save as aforesaid, the Governor shall not be liable for
any deterioration, subsidence, or damage of and to the said
einbankment.
PRAYA RECLAMATION , [ 16 or 1889.] 11-13
SCHEDULE .
ARTICLES OF AGREEMENT made the day of 183
Between acting for and on
behalf of the Governor of Hongkong (hereinafter called the Governor) of
the one part and ( hereinafter with his executor's
administrators and assigns called the lesse ?) of the other part. WHEREAS
the lessee is a Crown Lessee of Marine Lot No. (or is the registereil
holder or assign of the of Marine Lot No. or of section
of Marine Lot No. ( as the case may be) and has agreeil to contribute
towards the cost of the works authorized by the Praya Reclamation Ordinance,
1889 the sum of $ and such further or othersums as hereinafter
mentioned upon the terms and subject to the conditions hereinafter contained.
Now IT IS HEREBY AGREED by and between the parties hereto as follows:
1. The lessee shall contribute towarıls the works authorized by the said
O
ordinance the sum of $ of which s ( 25 )
have been this day paid by the lessee to the Gorernor as a guarantee for the
due performance by the lessce of this Agreement.
2. The sum of $ being the balance of the said contribution
shall be paid by the lessee to the Governor in such instalments and at such
times as shall be required by the Governor provided that 30 days' previous
notice in writing of each such payment being required shall be given by the
said Governor to the lessee or to his agent in Hongkong or left at his or their
last known place of abode in Ilongkong.
3. In addition to the said sum of $ to be contributed by the lessee
towards the said works and paid as aforesaid the lessec shall also contribute
a proportion of the sun or sims that may be required to make good any loss
damage or expense which may have been caused to or rendered necessary for
the said works or for any portion thereof from time to time previons to the
completion thereof by or in consequence of any unforeseen difficulties that
may have presented themselves in the progress thereof or by or in consequence
of any typhoon or storm or other catastrophe the said proportion of the said
sum or suns to be ascertained and determined as provided by the said ordinance,
and to be paid by the lessee to the Governor at such time or times as shall
he require i by the Governor thirty days' previous notice in writing of every
such payment being required being given by the Governor as aforesaid :
provided always that if the actual cost of the reclamation of the land hereby
agreed to be granted shall exceed or be less than the said sum of 5
the excess or less sum shall be paid by the lessce or refunded to him as the
case may require avd if any difference shall arise as to such actual cost the
same shall be decided by the Governor in Council.
4. If the lessee shall make default in payment of any instalment as herein
before provided or shall make default in payment of any sum or sums of
money which may become payable by him inder the third cause of this
agreement as thereby provided the sail guarantee and all instalments and
other moneys ( if any ) previously paid by him and all his rights under this
agreement shall be forfeited. And if the lessee shall make default in taking
up a Crown lease, in the manner hereinafter provided , of that portion of the
reclamation hereinafter more particularly mentioned his right thereto and all
other rights under this agreement and all moneys paid by him thereunder
shall also be forfeiteil.
1150 [ 16 of 1889.] PRAYA RECLAMATION .
5. Upon completion of the portion of the said works in the area of reclama
tion described as section on the plan deposited in the Land Office pursuant
to section 7 of the said ordinance, and upon payment by the lessee of the
whole of the said balance of $ ( if any) and of all such sum or sums
of money as may have become payable under the third clause hereof the
Governor will gravt to the lessee a Crown Lease of all that portion of the
reclamation provided for by the said ordinance as is delineated on the plan
heremuto annexed and thereon colored red for a terın of 999 years and so far
as circumstances permit upon similar terms and conditions and subject to
similar covenants declarations exceptions easements and reservations (save as
to rent hereinafter provided ) as are contained in Crown Leases of Marine
Lots now in use .
Provided always that nothing in this agreement containeil shall be held to
give the lessee any right or rights over the new foreshore or otherwise in
respect of or in connection with the portion of the reclamation hereby agreeil
to be granted to him , of a nature different to or in a degree greater or less
than such rights as the lessce may have had in respect of or in connection
with the said Marine Lot No. ( or as the case may be ) immerliately
before the coming into operation of this ordinance.
6. The Crowa reut to be reserved by the said Crown Lease for the said
portion of the reclamation shall be at the rate of $ 200 per quarter acre.
7. The said Crown Lease so to be granted as aforesaid shall provide that
( a .) Any buildings to be erected by the said
on the said portion of land to be leased to him as aforesaid shall
be erected subject to the following structural provisions as to
light space and ventilation :
llouses of aa depth of 50 feet or less shall have 10 foot yards.
Do. do. from 50 to 60 feet do. 11 do.
Do. do, from 60 to 10 feet do . 12 do.
Do. do. from 70 to 80 feet do . 13 do .
Do. do, from 80 to 90 feet do . 14 do ,
Do. do . from 90 to 100 feet do . 15 do.
and no private lane on which any such buildings shall front shall
be of a less width than 15 feet.
IN WITNESS whereof the said parties to these presents have hereunto set
their bands the day and year first above written.
Government Votification .-- No.:01. (6th July, 1889.)
It is hereby notified that the plan with the schedule annexed referred to
in section 7 ( i ) of The Praya Reclamation Ordinance, 1889 has, pursuant to
the said section , been deposited in the Land Registry Office. A copy of the
said schedule is published hereumder .
Lessoes who are desirous of entering into the agreement mentioned in the
said ordinance are required within a period of two months from the date
hereof to signify to the Surveyor General, in writing, their acceptance of the
portions of the land assigned io them on the said plan and of their intention
to enter into an agreement.
NOTE.- For the schedule referred to in section 7 ( i), see Gazette 6th July,
1889, p . 558.
CROWN LANDS RESUMPTION . [ 23 or 1889.) 1151
No. 23 or 1889.
An Ordinance to enable the Governor to resume Crown Title.
Lands under lease and to give compensation therefor
and for other cognate purposes.
[ 24th June, 1889.]
HEREAS the dwelling louses on certain portions of land Preamble
under lease from the Crown especially in the City of
Victoria are of insanitary construction as regards conditions of
air and light and it is expedient that the Governor should be
emporered to acquire or resume such lands and buildings
compulsorily with a view to the erection of improved houses or
dwellings thereon and doubts have arisen whether the resump
tion of such lands for the purposes aforesaid and for other pur
poses beneficial to the public of the Colony is within the meaning
and intent of the powers of resumption for a public purpose
contained in the Crown leases of such lands and it is expedient
to remove such doubts and whereas it is expedient that the
duty of determining the value of lands resuned for a public
purpose and of fixing the compensation to be awarded in respect
thereof under Crown leases should be transferred from the
Surveyor General to a Board of Arbitrators to be approved for
*
the purpose : *
1. This ordinance may be cited for all purposes as The Crown Short title.
Lands Resumption Ordinance, 1889 .
2. In this ordinance unless inconsistent with or repugnant Interpreta
to the context, tion
The word Board shall mean any board of arbitrators appointed
from time to time under this ordinance.
The word Land shall mean any Crown land under lease from
the Crown or any part or section thereof.
The word Owner shall mean the person whose name for the
time being is registered in the Land Registry Office of the
Colony in respect of any land sought to be resumed under the
provisions of this ordinance or if such person be absent from
the Colony or cannot be found or is bankrupt or dead his agent
or representative in the Colony or the person entitled for the
time being to have his name registered in the said office in
respect of such land or his agent or representative in the Colony.
3. ( i . ) Whenever the Governor in Council shall decide that Power of
the resumption of any land is expedient in the interest of the resumption .
public it shall be lawful for the Governor to enter into privato
negociations with the owner of any such land or any other
1152
[ 23 of 1889. ] CROWN LANDS RESUMPTION .
person having any proprietary interest therein for the purchase
of such land and all the right title and interest therein, and in
Case of the failure of such negociation to give written notice
that such land will be resumed on the expiration of four months
from the publication of such notice, anal that thereupon such
compensation in respect of such resumption will be paid as may
be awarded in the manner hereinafter provided .
( ii . ) Such notice shall be published in the Gazette in English
and Chinese and copies thereof shall be affixed upon a con
spicuous part of the land to be resumed , and such publication
shall be deemed to be notice to the owner and to every person
interested in the land or having any right or easement therein .
( iii . ) On the expiration of four months as aforesaid the land
shall revert to the Crown and all rights of the owner his assigns
or representatives or of any other person in or over the land or
any part thereof shall absolutely cease.
Constitution 4. After the expiration of four months as aforesaid a Board
of board .
shall be appointed to determine the amount of compensation to
be paid in respect of such resumption or taking and such Board
shall in each case consist of three members and be constituted
in manner following, viz.:--
( 1. ) The Chairman of the Board shall be such Judge of the
Supreme Court as the Judges may from time to
time mutually arrange.
( 2. ) The two other meinbers of the Board shall consist of
one member to be nominated by the Governor and
the other by the owner of the land resumed pro
vided always that the member nominated by the
Governor may be the Surveyor General or any
public oflicer .
( 3. ) Notice in writing of the nomination by the Governor
of a member of the Board shall be forthwith given
to the owner by publication in the Gazette, and if
be shall not nominate a member of the Board within
seven days from the date of such publication it shall
be lawful for the Chairman to nominate and appoint
any person other than a member of the Colonial
Civil Service on behalf of such owner .
( 4.) The Governor may also appoint some person to act
as clerk to the Board at such remuneration as he
may think fit.
Notification 5. The constitution of such Board shall be notified in the
tion ofboard. Guzette and within fouteen days from such notification the
Board shall commence its sittings at such time and place as the
CROWY LANDS RESUMPTION . [ 23 of 1889. ] 1153
Chairman may in and by such notification or by any other
notification in the Gazette appoint.
6. No suit or action shall lie cither against the Crown or No suit to lio
to
against any other person for any loss or damage resulting to be sent in
any person from any resumption of any land as aforesaid but Friting
board .
to the
any person claiming compensation whether as owner or other
wise by reason of such resumption shall before the commence
ment of the sittings of the Board transmit to the clerk of the
Board if appointed or if no clerk be appointed to the Colonial
Secretary for transmission to the Boar ) a written claim stating
the nature of his right or interest in the land and the amount
which he seeks to recover.
7. Every claim shall be separately considered and adjudicated ofconsideration
claims.
upon unless the parties otherwise agree.
Powers of
8. The Board when constituted shall have the following board .
powers and authorities, viz. : ---
( 1. ) To determine the compensation to be paid in respect
of such resumption or in respect of the extinction
of any right or easement caused by such resumption
regard being had not only to the value of the land
taken and any buildings thereon but also to any
damage or injury resulting to the owner of the lanil
resumed by reason of the severance of such land
from other land of such owner contiguous thereto,
ard to award compensation in respect of such
resumption or extinction to all persons claiming
compensation to whom the Board may find com
pensation to be due.
( 2. ) To award costs in their discretion either for or against
the Crown, or for or against any parties claiming
compensation, such costs in case of difference to be
settled by the Registrar of the Supreme Court.
( 3. ) All such powers as are now or may be hereafter
vested in the Supreme Court of the Colony or in
any Judge thereof on the occasion of any suit or
action in respect of the following matters :
( a .) The enforcing the attendance of witnesses
and examining them on oath or otherwise
as they may think fit.
(1. ) The compelling the production of any docu
ments .
( c. ) The punishing persons guilty of contempt.
( d .) The ordering an inspection of premises.
( e. ) To enter and view any premises.
1154 [ 23 of 1889. ] CROWN LANDS RESUMPTION .
Notices by
board .
9. Every notice under the hand of the Chairman of the Board
may be substituted for and shall be equivalent to any form of
process capable of being issued in any suit or action for enforcing
the attendance of witnesses, or coinpelliny the production of
documents; and any warrant of committal to prison issued for
the purpose of enforcing any such powers as aforesaid shall be
under the band of the Chairman and shall not authorise the
imprisonment of any offender for a period exceeding three
months; and every notice order or warrant of the Board may
be served and executed in the same manner as notices orders
and warrants of the Supreme Court may be served and executed
under the procedure for the time being in force relating to civil
suits.
No appeal 10. If in the discharge of the duties devolving upon the
decision
frommajority.
of Board there shall occur a difference of opinion between the
members, the decision of any two of them shall bave the same
force and effect, as if all themembers bad concurred therein and
any decision arrived at by the Board or a majority thereof shall
not be subject to appeal and shall le final as regards all parties
interested and no award of compensation made with respect to
the resumption of any land shall be liable to be set aside for
irregularity or error in matter of form .
Vacancies on
board .
11. During the pendency of any proceedings before the Board
if any member of ihe Board shall from any cause be or become
unable to act, his place if he be a Judge shall be filled by another
Judge or if he be a person appointed by the Governor or owner
by some other person appointed by the Governor or owner as
the case may require.
Re-grant of 12. All lands resumed under the provisions of this ordinance
lands, &c.
may be demised and granted by the Governor upon such terms
and conditions and at such price whether by way of rent,
premium , or otherwise and either by public auction or private
contract as the Governor may determine.
Compensa 13. All sums of money awarded and all costs against the
tion to bear
interest. Crown ifit any shall as soon as practicable after the award is
published be paid by the Governor out of the public revenues,
and all sums awarded exclusive of costs shall bear interest at
the rate of eight dollars per cent. from the date of the resump
tion of the land until payment.
Notice of 14. In any notice to resume any land it shall be sufficient
resumption to to state that such land is required for a public purpose without
evidence of a stating the particular public purpose for which the land is
resumption
for a public required and a notice containing such statement shall be
purpose. couclusive evidence that the land resumed is resumed for a
public purpose .
CROWN LANDS RESUMPTION . [ 23 of 1889.] 1155
CHINESE EMIGRATION CONSOLIDATION (25 OF 1889. ]
AMENDMENT.
15. Whenever the buildings or dwellings on any land are of Arrangement
insanitary construction as regards conditions of light and air, with owner to
the Governor may , notwithstanding any of the powers of buildings.
resumption herein contained or prior to the exercise of any such
powers, permit the owner of such buildings or dwellings to
reconstruct or rebuild the same or any part thereof upon such
terms and conditions and subject to such security being given
for the proper carrying out of such reconstruction or rebuilding
as the Governor may in his discretion think fit.
16. Any Board constituted under this ordinance may make Power for
such rules and regulations as may be deemed necessary for the board to
regulate
conduct of all proceedings before it. proceedings.
17. This ordinance shall not come into operation unless and Suspending
until the Officer Administering the Government notifies by Pro- clause..
clamation that it is Her Majesty's pleasure not to disallow the
same and thereafter it shall come into operation upon such day
as the Officer Administering the Government shall notify by the
same or any other proclamation .
[ In force from 9th November, 1889. Proclamation of same date .]
No. 25 OF 1889.
An Ordinance to amend the Chinese Emigration Con
solidation Ordinance, 1889, and to make provision
against certain emigration abuses.
[6th July, 1889.]
* *
r Secs. 1 , 2 & 3
incorporated
PART II. with No. 1 of
1889. ]
EMIGRATION ABUSES.
4. Any person who by force, intimidation or fraud, im- Unlawful
prisons or detains any man or boy within the Colony, for the imprisonment
purpose of emigration or for any other purpose whatsoever,
shall be guilty of a misdemeanor, and on conviction thereof,
shall be liable to the punishment hereinafter provided.
5. Any person who by force, intimidation, or any fraudulent Decoying
means brings, leads, takes, decoys, or entices any man or boy orpersons
away into
from
into or away from the Colony, for the purpose of emigration, or the Colony.
for any other purpose whatsoever, shall be guilty of a misde
meanor, and on conviction thereof, shall be liable to the punish
ments bereinafter provided .
1156 [ 25 OF 1889. ] CHINESE EMIGRATION CONSOLIDATION
AMENDMENT.
[ 26 of 1889. ] CHINESE EXTRADITION.
Punishment
for offences.
6. Every person convicted of any offence against the pro
visions of sections 4 and 5 of this ordinance shall be liable to
be imprisoned for any term not exceeding two years with or
without hard labour : provided always that if the case is deter
mined by a single Magistrate he shall not impose a heavier
sentence than one year's imprisonment with or without hard
labour, and that where there appears a necessity for a heavier
sentence the case shall be determined by two Magistrates sitting
together or in their discretion committed for trial at the Supreme
Court.
l'unishment
7. Whenever any person shall be convicted either summarily
on whipping
second and or before the Supreme Court of any offence against the provi
subsequent sions of section 4 or 5 of this ordinance if it shall be proved
convictions .
that the offender has been previously convicted eithersummarily
or before the Supreme Court, of an offence under either of the
said sections or of an offence under sections 7 and 8 of Ordi
nance No. 2 of 1875 it shall be lawful for the Court, in its
discretion , to direct that, in addition to the punishment herein
before prescribed, the offender, if a male, be once, twice, or
thrice publicly or privately whipped, subject to the provisions
contained in sections 3 and 4 of Ordinance No. 16 of 1887, and
all the provisions of section 94 of Ordinance No. 7 of 1865
Form of relating to the form of information for aa subsequent offence and
and proceed. this
proceedings thereon, shall apply to offences punishable under
ordinance
ings. .
No. 26 OF 1889.
Title.
An Ordinance to amend the law relating to the Extra
dition of Chinese Criminals.
[3rd July, 1889.]
Preamble .
Majesty and the Emperor of China done at Tientsin
on the 26th June, 1858 , it was agreed and concluded that if
criminals, subjects of China, shall take refuge in Hongkong, or
on board the British ships there they shall , upon due requisition
by the Chinese authorities, be searched for, and on proof of their
guilt, be delivered up ; and whereas it is expedient tɔ amend
the law for the more effective carrying out of the said treaty in
relation to the surrender of criminals, subjects of Chiva, who
take refuge in Hongkong, or on board the British ships there:
*
CHINESE EXTRADITION . [ 26 of 1889. ] 1157
1. This ordinance may be cited for all purposes as The Short title.
Chinese Extradition Ordinance, 1889.
* * ***
3. In this ordinance unless repugnant to or inconsistent with tion.
Interpreta
the context the term Extradition Crime shall mean a crime
which if committed in the Colony would be one of the crimes
mentioned in the first schedule hereto and the term Fugitive
Criminal shall mean any subject of China accused of an
extradition crime committed within the jurisdiction of China or All crimes
on board aa Chinese ship on the high seas, who is or is suspected jure gentium,
of being in Hongkong or on board a British ship there.
The crimes mentioned in the first schedule to this ordinance
shall be construed according to the law in force in the Colony
at the date of the alleged crime.
4. The provisions of this ordinance shall apply to the of
Application
ordinance.
surrender of criminals under any future arrangement that may
be made by Her Majesty with the Emperor of China with
respect to the surrender of fugitive criminals, as well as to their
surrender under any Treaty in force at the coming into operation
of this ordinance.
5. The following restrictions shall be observed with respect onRestrictions
surrender.
to the surrender of fugitive criminals :
( 1. ) A fugitive criminal shall not be surrendered if the
offence in respect ofwhich his surrender is demanded
is one of a political character or if le prove to the
satisfaction of the Magistrate, or of a Judge of the
Supreme Court, if brought before the Court on a
writ of labeurs Corpus, or of the Governor that the
requisition for his surrender has in fact been made
with a view to try or punish him for an offence of
a political character or for an offence which is not
an extradition crime.
( 2. ) A fugitive criminal, who has been accused of an
offence within British jurisdiction not being an
offence for which his surrender is demanded, or who
is undergoing sentence under any conviction in the
Colony , shall not be surrendered until after he has
been discharged whether by acquittal or on expi
ration of his sentence or otherwise.
( 3. ) A fugitive criminal shall not in any case be surrendered
unless an engagement is given by the Chinese
Government that he shall not until he has been
restored or had an opportunity of returning to ller
Majesty's Dominions be detained or tried in China
1158 ( 26 of 1889. ) CHINESE EXTRADITION,
for any offence coinmitted before his surrender other
than the extradition crime on which the surrender
is demanded .
Liability to be 6. Every fugitive criminal, who is in Hongkong, shall be
surrendered .
liable to be apprehended and surrendered in manner provided
by this ordinance, whether the crime in respect of which the
surrender is deminded was committed before or after the passing
of this ordinance, and whether there is or is not any concurrent
jurisdiction in any Court in the Colony over that criine.
Requisition to
the Governor
7. Whenever the requisition for the surrender of a fugitive
may be criminal, who is in , or suspected of being in Hongkong, is made
followed by to the Governor by some officer of the Chinese Government,
order to
Magistrate the Governor may, by order under his hand and seal , signify to
for warrantof
apprehension .
a Magistrate that such requisition has been made, and require
him to issue his warrant for the apprehension of the fugitive
criminal.
Duties of a
Magistrate
8. A Magistrate, on receipt of the said order, shall issue his
upon receipt warrant for the apprehension of the fugitive criminal , or, if the
of such order. fugitive criminal be already in custody shall issue his order to
all necessary persons to bring the fugitive criminal before him
to be dealt with according to this ordinance .
Magistrate 9. A Magistrate may also issue his warrant for the apprehen
warrant as insion of a fugitive criminalon such information or complaint as
ordinary would, in his opinion, justify the issue of a warrant if the crime
cases .
had been committed in the Colony.
A fugitive criminal apprehended on a warrant so issued shall
be discharged by the Magistrate, unless the Magistrate within
such time as, with reference to the circumstances of the case, he
shall think reasonable , receives from the Governor an order
signifying that a requisition has been made for the surrender of
such fugitive criminal.
Ilearing of 10. When a fugitive criminal is brought before a Magistrate,
the case and
evidence of he shall bear the case in the same manner, and have the same
crime being jurisdiction and powers, as nearly as may be, as if the prisoner
political.
were brought before hiin charged with an indictable offence
committed in the Colony.
The Magistrate shall receive any evidence which may be
tendered to show that the crime of which the prisoner is accused,
is an offence of a political character, or is not an extradition
crime.
Committal to 11. If at the hearing before a Magistrate such evidence is
prison,
produced as would subject to the provisions of this ordinance
justify the committal of the fugitive criminal for trial at the
Supreme Court if the crime of which he is accused had been
CHINESE EXTRADITION . [ 26 of 1889. ] 1153
committed in the Colony, the Magistrate shall commit him to
Victoria Gaol to a wait the further order of the Governor but
otherwise shall oriler hiin to be dischargeri.
If the Magistrate commits the fugitive criminal to Victoria
Gaol, he shall thereupon inform the fugitive criminal that he
will not be surrendered until after the expiration of fifteen days
from the date of such committal and that he has a right to
apply to the Supreme Court for a writ of habeas corpus, and
such Magistrate shall forthwith send to the Governor the
depositions and other evidence in the case together with a
report thereon and in particular in relation to
( a . ) The lapse of time since the coinmission ofthe extradi
a
tion crime.
( 6. ) The length of residence in the Colony of and the
character of the fugitive criminal.
( c. ) Any circumstances throwing suspicion on the origin
or nature of the charge made.
12. Before ordering a fugitive criminal to be discharged the Notice to
Crown
Magistrate shall cause notice of his intention to make such order Solicitor
to be served on the Crown Solicitor. before
discharge.
13. ( 1. ) Upon the expiration of fifteen days from the date Warrant of
of the Magistrate's order of committal or if a writ of habeas surrender
when to be
corpus has been issued and if upon the return to the writ the signed.
Supreme Court has not discharged the fugitive criminal,
immediately after the decision of the Court,or after such further
period in either case as the Governor may allow the Governor
may, by warrant under his band and seal, order the fugitive
criminal to be surrendered to such person as the Governor
considers to be authorized to receive him on behalf of the Chinese
authorities and the fugitive criminal shall be surrendered
accordingly : provided always that whenever the Governor shall
from the Magistrate's reportor otherwise have reason to suppose,
that any fugitive criminal, who has been committed to the
Victoria Gaol to await the further order of the Governor, has
been resident in the Colony for one year or upwards, the
depositions and evidence taken before the Magistrate on the
investigation of the case shall together with the Magistrate's
report thereon be considere l by the Governor in Council, who
shall be assisted in such consideration by the Chief Justice of the
Colony and the Governor in Council shall decide whether such
fugitive criminal shall be surrendered or not.
( 2.) If the fugitive criminal while in the Colony escapes out
of any custody into which he has been delivered in pursuance
of a Magistrate's warrant as aforesaid it shall be lawful for any
police officer or constable to take him without warrant and to
restore him to the custody from which he has escaped, and for
the person from whose custody the fugitive criminal has escaped
1160 [ 26 of 1889.) CHINESE EXTRADITION .
to retake him or receive hiin from such police officer or constable
and to hold him at all times as upon the original warrant.
Discharge of 14. Except where any proceedlings are actually pending upon
fugitive
criminal. a writ of habeas corpus before the Supreme Court and in such
case with the concurrence in writing of the Judge having
cognizance thereof, the Governor may at any time by order
under his hand and seal discharge a fugitive criminal from
custody.
Discharge if
not surren
15. If a fugitive criminal who has been committed to prison
dered within under this ordinance to await the order of the Governor is not
two months
surrendered and conveyed out of the Colony within two months
or on applica- after such committal, any Judge of the Supreme Court may
decision upon upon application made to him by or on behalf of the fugitive
haben
to udempus
ce
criminal and upon proof that reasonable notice of the intention
upon noti
. to make such application has been given to the Crown Solicitor,
to the Crown order the fugitive criminal to bedischarged out ofcustody unless
sufficient cause is shewn to the contrary.
Aid andi
abettors in
16. Every person who is accused or convicted of having
extradition counseller procured commanded aided or abetted the commis
crimes, sion of any extradition crime or of being accessory before the
fact to any extradition crime shall be deemed for the purposes
of this ordinance to be accused or convicted of having committed
such crime and shall be liable to be apprehended and surrend
ered accordingly.
Protection of 17. If any suit or action be brought against a Magistrate,
Magistrate
and others Superintendent of the Victoria Gaol, gaoler, police officer,
acting under constable or any other person for anything done under or in
warrant.
obedience to any warrant or order issued under the provisions
of this ordinance, the proof of such warrant or order shall be a
sufficient answer to such suit or action , and the defendant on
such proof as aforesaid shall be entitled to a verdict or judy
ment accordingly and shall also be entitled to all costs of suit.
Forms. 18. The forms in the second schedule hereto or forms to the
like effect with such variations and additions as circumstances
require may be used for the purposes therein in dicated and
according to the directions therein contained and instruments
in these forms shall ( as regards the form thereof) be valid and
sufficient .
Suspending 19. This ordinance shall not come into operation unless and
clause .
until the Officer Administering the Government notifies by
proclamation that it is Her Majesty's pleasure not to disallow
the same; and thereafter it shall come into operation on such
day as the Officer Administering the Government shall notify
by the same or any other proclamation.
[ In force from the oth Norember, 1889. Proclamation of same date.]
1161
CHINESE EXTRADITIOX . [ 26 or 1889. ]
FIRST SCHEDULE.
EXTRADITION CRIMES.
Murder and attempt to murder.
Manslaughter.
Malicious wounding.
Counterfeiting or altering money, uttering or bringing into circulation
counterfeit or altered money.
Forgery, or counterfeiting or altering, or uttering what is forged, or coun
terfeited or altered, comprehending the crimes designated in the laws of
Hongkong as counterfeiting or falsification of paper money, bank notes, or
other securities, forgery, or other falsification of other public or private
documents, likewise the uttering or bringing into circulation , or wilfully using
such counterfeited, forged , or falsified papers .
Embezzlement or larceny.
Receiving stolen goods.
Obtaining money or goods by false pretences.
Crimes against bankruptcy law .
Fraud committed 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.
Abduction .
Child stealing.
Kidnapping.
False imprisonment.
Burglary, or house -breaking.
Arson .
Robbery with violence.
Threats by letter or otherwise with intent to extort.
Piracy whether by law of nations or by municipal law .
Sinking or destroying a vessel at sea, or attempting 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 .
Perjury or subornation of perjury.
Malicious injury to property, if the offence be indictable.
Any indictable offence under Ordinance No. 7 of 1865 entitled “ An Ordi.
nance to consolidate and amend the Enactments in force in this Colony relating
to Larceny and other similar offences ” or any ordinance amending or sub
stituted for the same which is not included in the foregoing list .
Any indictable offence under Ordinance No. 6 of 1865 entitled “ An Ordi
nance to consolidate and amend the Enactments in force in this Colony
relating to indictable offences by forgery ” or any ordinance amending or
substituted for the same which is not included in the foregoing list.
Any indictable offence under Ordinance No. 10 of 1865 entitled “ An Ordi
nance to consolidate and amend the Enactments in force in this Colony against
offences relating to the Coin ” or any ordinance amending or substituted for
the same which are not included in the foregoing list .
Any indictable offence under the Ordinance No. 4 of 1865 entitled “ An
Ordinance to consolidate and amend the Enactments in force in this Colony
relatiug to offences against the person ” or any ordinance amending or sub
stituted for the same which are not included in the foregoing list .
1162 [ 26 of 1889.] CHINESE EXTRADITION .
SECOND SCHEDULE .
FORMS.
Form of Order by the Governor to a Magistrate to issue his warrant.
By His Excellency
Governor and Commander -in -Chief of the Colony of Hongkong and its
Dependencies.
To
Police Magistrates.
Whereas requisition has licen made to me by
for the surrender of late of
accused of the commission of the crime of within the
:
jurisdiction of China : now I hereby, by this order under my hand and seal,
signify to you that such requisition has been made, and require you to issue
your warrant for the apprehension of such fugitive.
Given under my hand and seal at Victoria, Ilongkong, this
day of 18
Governor.
By Command,
Colonial Secretary .
Form of Warrant of apprehension by order of the Gorernor.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HongkoxG .
To all and each of the Constables of the IIongkong Police Force.
Whereas His Excellency the Governor
by order under bis hand and seal, bath signified to me that requisition hath
been duly made to him for the surrender of
late of accused of the commission of the crime of
within the jurisdiction of China.
This is therefore to command you in Iler Majesty's name forthwith to
apprehend the said wherever he may be found in the Colony
and bring him before me or some other Magistrate sitting in this Court, to
show cause why he should not be surrendered in pursuance of the “ Chinese
Extradition Ordinance, 1889," for which this shall be your warrant.
Dated this day of 18
[ Seal .]
( Signed ),
A Magistrate.
Form of Order to bring before a Magistrate a criminal alreally
in custody.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To the Superintendent of Vietoria Gaol and to all and each of the con
stables of the Colony.
CHINESE EXTRADITION. [ 26 of 1889. ] 1163
Whereas His Excellency the Governor,
by order under his hand and seal, hath signified to me that requisition hath
been duly made to him for the surrender of late of
accused of the commission of the crime of within the
jurisdiction of China.
This is therefore to command you in Her Majesty's name forth with to
bring the said before me or some other Magistrate
sitting in this Court, to be dealt with according to the provision of the
“ Chinese Extradition Ordinance, 1889, " for which this shallbe your warrant
Dated the day of 18
[ Seal .]
( Signed ),
A Magistrate.
Form of Warrant of apprehension without order of the Governor.
IN THE POLICE COURT AT VICTORIA IN THE COLONY OF HONGKONG.
To all and each of the Constables of the Colony.
Whereas it has been shown to the undersigned, a Magistrate in and for the
Colony of Hongkong, that late of
is accused of the commission of the crime of within
the jurisdiction of China.
This is therefore to command you in Her Majesty's name forth with to
apprehend the sail and to bring him before me or some
other Magistrate sitting at this Court to be further dealt with according to
law, for which this shall be your warrant
Dated the day of 18
[ Seal.]
( Signed ), 2
A Magistrate.
Form of Warrant of Committal.
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG ,
To one of the Constables of the Colony, and to the
Superintendent of Victoria Gaol.
On this day of 188 > late of is brought
before me a Magistrate of the Colony of Hongkong, to show cause why he
should not be surrendered in pursuance of the “ Chinese Extradition Ordinance,
1889 " on the ground of his being accused of the commission of the crime of
within the jurisdiction of China, and for
as much as no sufficient cause has been shown to me why he should not be
surrendered in pursuance of the said ordinance.
This is therefore to command you the said Constable in Her Majesty's
naine forth with to convey and deliver the body of the said
into the custody of the said Superintendent of Victoria Gaol, and you the
said Superiutendent to receive the said into your custody,
1161 ( 26 OF 1889. ] CHINESE EXTRADITION .
and him there safely to keep until he is thence delivered pursuant to the
provisions of the said “ Chinese Extradition Ordinance, 1889," for which this
shall be your warrant.
Dated this day of 18
[ Seal. ]
( Signed ),
A Magistrate.
Form of Warrant of the Governor for the surrender of a fugitive
Criminal.
By His Excellency Governor and
Commander-in -Chief of the Colony of Hongkong, and its Dependencies.
To the Superintendent of Victoria Gaol, and to
Hongkong Whereas
to wit.
late of accused of the commission of the crime of
within the jurisdiction of was delivered into the custody of
you the Superintendent of Victoria Gaol by warrant dated the
pursuant to the “ Chinese Extradition Ordinance, 1889.”
Now I do hereby in pursuance of the said ordinance, order you the said
Superintendent of Victoria Gaol to deliver the body of the said
into the custody of the said and I command you the said
to receive the said into your custody, and to
convey him and there place him into the custody of
>
who is authorized by the Chinese authorities to receive him, for which this
shall be your warrant.
Given under my hand and seal this day of 18
[ Seal. ]
Governor.
By Command,
Colonial Secretary .
Form of Order of discharge by the Governor.
By His Excellency Governor and
Commander-in -Chief of the Colony of Hongkong and its Dependencies.
To the Superintendent of Victoria Gaol.
Whereas one is now in your custody as a fugitive
criminal under the provision of the “ Chinese Extradition Ordinance, 1889.”
And whereas it has been determined that no warrant shall be granted for
the surrender of the said
Now I do bereby order and require you to discharge the said
from custody under the said ordinance .
Given under my hand and seal at Victoria, Hongkong, this day of
18
[ Seal . ]
Governor, & c.
By Command,
Colonial Secretary .
CRIMINAL LUNATICS . [ 30 of 1889. ] 1165
No. 30 Or 1889.
An Ordinance to provide for certain expenses in relation Title.
to persons natives of or ordinarily resident in the
Colony who have been convicted, or acquitted on the
ground of insanity, before Courts exercising jurisdic
tion under the Imperial Foreign Jurisdiction Acts in
foreign countries.
(3rd December, 1889.)
* *
1. Where any person who is a native of or ordinarily resides Expenses of
in Hongkong has committed an offence in any country or place criminal
trial, etc.of
out of Her Majesty's Dominions and such person has been tried lunatics.
and either convicted, or acquitted on the ground of insanity,
before any Court, Judge, Magistrate or officer acting or exer
cising jurisdiction within or in relation to any such country or
place over such person by virtue of the Foreign Jurisdiction
Acts 1843 to 1878 or any order of Her Majesty in Council
made in pursuance thereof, the expenses of the removal of the
prisoner to this Colony or to the place where he is to undergo
his sentence or be confined as a criminal lunatic, and of his
maintenance during imprisonment or confinement and any other
expenses properly incident to his conviction or acquittal as
aforesaid shall, except in so far as the prisoner's effects under
the order of the Court before whom he is tried are sufficient to
meet the same, be borne and paid out of the Colonial Treasury :
provided always that no such payment shall be made until a
certificate of the amount of sucli expenses after deducting the
proceeds ( if any ) of the prisoner's effects shall have been trans
initted to the Colonial Secretary under the hand and seal of the
Judge, Magistrate, or officer acting or exercising jurisdiction in
the country or place where the criminal lunatic was tried , and
in the case of expenses incurred in the maintenance of such
lunatic during imprisonment or confinement, under the hand
of the head officer of the prison or place of confinement.
1166 ( 1 of 1890. ) ADDITIONAL MEMBER ON TIE
SANITARY BOARD .
[ 3 of 1890. ] SOCIETY OF THE MISSIONS ÉTRANGÈRES.
No. 1 OF 1890.
Title.
An Ordinance to appoint an additional member on the
Sanitary Board.
[ 18th January, 1890. )
Power to
Governor to
1. Notwithstanding any provisions of The Public Health
appoint an Ordinance, 1887, to the contrary, it shall be lawful for the
additional
member on Governor to nominate and appoint OSBERT CHADWICK, Esquire,
the Sanitary C.M.G. , to be an additional member of the Sanitary Board as
Board , constituted by or under The Public Health Ordinance, 1887.
Appointment
to be
2. When made such appointment shall be notified in the
gazetted . Gazette, and thereupon the said OSBERT CHADWICK shall have
[ See Gort. the like powers and authorities, privileges and immunities as
Not. 18th by the said ordinance are vested or granted in or to the present
No.30,
Gazette
January , members of the said board .
1891.]
No. 3 OF 1890.
An Ordinance for the Incorporation of The Procureur
Général, in Hongkong, of the Society of the Missions
Etrangères.
*
[ 28th March, 1890. ]
The Procureur 1. The Very Reverend EUGÈNE LEMONNIER, Procureur
Général in
Hongkong of Général in Hongkong of the Society of the Missions Etrangères
the Missions
Society of and his successors holding the said appointment, and having
Etrangeres to placed in the hands of the Governor satisfactory proof ofhis
be a Body
Corporate. appointment for the time being shall be a Body Corporate
( hereinafter called the said Corporation ) and shall for the
purposes of this ordinance have the name of “ The Procureur
Général in Hongkong of the Society of the Missions Etrangères ”
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
scem fit, and the said Corporation shall have full power to
acquire, accept leases of, purchase, take, hold, and enjoy any
SOCIETY OF THE MISSIONS ÉTRANGÈRES . [ 3 of 1890.) 1167
land , buildings, messages, 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 or upon the mortgages
on debentures, stocks, 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 chattels whatsoever, and the said Corpo
ration is hereby further einpowered from time to time by deed or
deeds under its seal to grant, sell , convey , assign, surrender and
yield up, mortgage, demise, reassign , transfer or other vise
dispose of any lands, buildings, messages and tenements,
mortgages, debentures, stocks, funds and securities goods and
chattels by this ordinance vested , or that may hereafter be
vested in the said Corporation upon such termsas to the said
Corporation may seemn fit provided that due notice of appoint
ment as such Procureur Général in Hongkong, and of the proof
thereof having been placed in the hands of the Governor shall
be given in the Guzette and such notice sball be sufficient
evidence of the said appointment and of proof thereof having
been made.
2. The lands , buildings, messuages and tenements situate, now
Lands,veste
& c.d, in
lying and being within the Colony of Hongkong registered in trustees to be
the Land Office as Inland Lots Nos. 113, 114 , 115, 119 and vested in the
7
124, Pokfulum Farm Lot No. 24 and Pokfulum Rural Building Corporation.
Lot No. 51 and all mortgages, debentures, stocks, funds and
securities, goods and chattels in the said Colony at the time of
the passing of this ordinance vested or purporting to be vested
in the names of the said Very Reverend EUGÈNE LEMONNIER,
NAPOLEON François Libois, deceased, The Reverend PIERRE
MARIE Osour and The Reverend JEAN JOSEPH ROUSSEILLE
respectively as trustees of the said Society of Missions
Etrangères and all monies, securities for money , goods, chattels,
and effects whatsoever, the property of the said Mission 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 or tenements
are now or may hereafter be respectively held .
3. All deeds, documents and other instruments requiring the Use of the
seal of the said Corporation shall be sealed with the seal of the Seal
Corporation
said Corporation in the presence of the Reverend EUGÈNE
LEMONnier or his attorney duly authorised or in the presence
of any his successor holding the appointment of Procureur
1168 [ 3 OF 1890.) SOCIETY OF THE MISSIONS ÉTRANGÈRES.
4 OF 1890.) PUBLIC HEALTH ( AMENDMENT ).
Général in Hongkong of the said Society or his attorney duly
authorised and shall also be signed by the said Reverend
Eugène LEMONNIER or his said attorney or by his said successor
or his said attorney and such signing shall be taken as sufficient
evidence of the due sealing of such deeds, documents, and other
instruments .
Reservation of
right of the 4. Nothing herein contained shall affect or be deemed to
Crown . affect the rights of Her Majesty the Queen , her heirs or successors
or of any bodies politic, or corporate or other persons, except
such as are mentioned in this orilinance, and those claiming by,
from , or under them .
No. 4 OF 1890.
No. 21 of An Ordinance to amend The Public Health Ordinance,
1887. ] 1887.
[3rd May, 1890.]
*
Closing of 2. The Governor in Council is authorised , from time to time,
cemeteries. to notify by advertisement in the Hongkong Government Gazette,
that any cemetery or burial ground shall, from a time in such
notification to be specified, be closed , and the same shall be
closed accordingly ; and whosoever, after the expiration of the
said specified time, shall bury any corpse in the said cemetery
or burial ground shall, for every such offence, forfeit and pay a
sum not exceeding one hundred dollars.
Authorisco 3. The cemeteries or burial grounds in the schedule hereto
cemeteries ,
Penalty for
and such other cemeteries or burial grounds as may from time
burials else . to time be anthorised by the Governor, notice whereof shall be
where . published in the Gazette shall be deemed authorised cemeteries
and whosoever shall bury any corpse or coffin in any ground
not being an authorised cemetery shall for every such offence
forfeit and pay a sum not exceeding one hundred dollars to be
recovered in a summary manner before a Magistrate at the suit
of the Secretary of the Sanitary Board in the same way as
penalties imposed under The Public Ilealth Orlinance, 1887.
SCHEDULE .
The Colonial Cemetery,
The Roman Catholic Cemetery, Situate in the
The Mahommedan Cemetery, Wong - lai-chung
The Zoroastrian Cemetery, ... Valley.
The Jewish Cemetery,
The Cemetery of the Treuch Mission , ut Pokfolum .
VACCINATION . [5 OF 1890.) 1169
No. 5 OF 1890.
An Ordinance to amend the law relating to Infant Title.
Vaccination and to provide for the registration of
persons vaccinated in the Colony.
[ 23rd May, 1890. ]
*
1. This ordinance may be cited for all purposes as The Vac- Short title.
cination Ordinance, 1890.
*
*
3. In this ordinance and in any rules and regulations made Interpreta
thereunder the following words and expressions shall have the tion of terms.
meanings hereinafter set against them , unless such meanings be
repugnant to or inconsistent with the context :
Parent.-- The father of any child , or in the event of the
death, illness, or inability of the father, then the
mother.
Guardian.- The person who shall, for the time being, have
>
the care, nurture, or custody of any child .
Medical Practitioner.-— Any surgeon , physician, or medical
practitioner registered as such under Ordinance No.
6 of 1884 .
Public Vaccinator. - Any person authorized and appointed
by the Governor under the provisions of this ordinance
for the special purpose of vaccinating persons .
Child .-- Any person under fourteen years of age.
4. ( 1. ) It shall be lawful for the Governor to appoint such Public vacci
duly qualified persons as he may deem fit, to the public vacci- nators.
Dators within the Colony, and to appoint such local stations or
places within the City of Victoria and in the villages of Hong
kong and Kowloon as he may deem expedient for the purposes
of public vaccination , and such public vaccinators shall, subject
to any rules and regulations froin time to time in force, vacci
nate all persons who may come to them at such local stations
or places for that purpose .
( 2. ) It shall also be lawful for the Governor, in his discretion , Inspector of
to appoint some fit person to be called The Inspector of Vaccina- vaccination.
tion for the purpose of securing the due performance by the
public vaccinators of all vaccinations and of inspecting the
results thereof.
1170 [ 5 OF 1890. ) VACCINATION.
Rules and
regulations.
5. The Governor in Council shall have power from time to
time to make, alter, amend or cancel rules and regulations for
the purpose of this ordinance in respect of the matters herein
after mentioned but such rules and regulations and any altera
tion , amendment or cancellation thereof shall have no force or
effect until published in the Gazette, viz .:
( 1. ) The duties and powers of all officers appointed under
this ordinance.
( 2. ) The remuneration ( if any ) to be paid for vaccination
by a public vaccinator and the time and place of
vaccination .
( 3. ) All such other matters not herein before specifically
named which may conduce to the better carrying
out of this ordinance.
Children of 6
months and 6. The parent or guardian of any child resident within the
more to be
vaccinated ,
Colony, if such child be six months old or more, and has not
been already successfully vaccinated, (proof of which successful
vaccination may be required by the Registrar General) shall
cause such child to be vaccinated by a medical practitioner or
public vaccinator, and such medical practitioner or public vac
cinator shall, upon personal inspection of the snccessful vacci
nation of such child, furnish the parent or guardian with a
certificate of the successful vaccination of such child in the form
of schedule A hereto, and such parent or guardian shall, within
seven days after the date thereof, lodge such certificate with the
Registrar General, who shall preserve the same..
Certificate of
unfitness for 7. If any medical practitioner or public vaccinator shall be
successful
vaccination.
of opinion that any child is not a fit and proper subject to be
successfully vaccivated , he shall thereupon deliver to theparent
.
or guardian of such child, a certificate under his hand in the
form of schedule B, that such child is unfit for successful
vaccination and such certificate shall remain in force for two
months from its delivery as aforesaid . If such child be not
successfully vaccinated at the termination of such period of two
months, then the certificate on the application ofsuch parent or
guardian shall be renewed by a medical practitioner or public
Vaccinator during each succeeding period of two months until
such child shall have been successfully vaccinated, and such
ronewal shall be endorsed on the certificate and dated as of the
date of such renewal and shall be signed by the medical practi
tioner or public vaccinator granting the further certificate.
The production of such certificate of unfitness for successful
vaccination shall be a sufficient defence against any complaint
whic m h ay be brought against such parent or guardian for non
coinpliance with the provisions of this ordinance in respect of
the non -vaccination of such child .
VACCINATION , [ 5 of 1890.] 1171
It shall be lawful for the Governor to appoint some medical
practitioner or public vaccinator whose duty it shall be to
examine gratuitously children on whose behalf are claimed
certificates of unfitness for successful vaccination under this
section and to grant or withılıold such certificates in his discretion.
8. Every certificate granted under the preceding section Registration
shall on the granting and upon any renewal thereof be brought ufofertilica
within seven days by the parent or guardian of the child to the
Registrar General for registration and he shall enter the
particulars of the same in a book to be kept by him for that
purpose.
9. The Registrar General shall enter in the registry of births Registration
kept by him the word “ Vaccinated” opposite the name of every vaccinations.
ofedila
child whose vaccination has been certified.
10. There shall be kept at each local vaccination station or Registration
place appointed under this ordinance, a register of all persons ofall persons
vaccinated by a public vaccinator. Such register shall be called publicly.
6.
“ The Public Vaccinator's liegister ” and the entries therein
shall be made at the time of vaccination by the public vaccinator
according to the form and particulars in schedule C hereto.
The public vaccinator at each station shall, once in every month,
cause a return to be made of all such entries to the Registrar
General who shall preserve the same.
11. Where any child after six months from its birth, whether Penalty for
born within the Colony or not, is found to be resident within reglect . to
the Colony, and the parent or guardian of such child has failed
to satisfy the Registrar General of the successful vaccination or
of the unfitness for vaccination of such child, the Registrar
General shall serve on such parent or guardian, as the case may
be , a written notice in the form of schedule D. If within one
inonth after his receipt of such notice such parent or guardian
shall not have produced to the Registrar General a proper
certificate such parent or guardian shall on conviction before a
Magistrate be liable to a five not exceeding tive dollars and
should the parent or guardian of such child afterwards continue
to refuse or neglect to cause such child to be vaccinated, such
parent or guardian shall on conviction before a Magistrate be
liable to a fine not exceeding fifty dollars. Provided always Proviso .
that no parent or guardian shall be liable to any penalty or
punishment for not having his child vaccinated at any time
between the 1st May and the 30th of September in any year both
days inclusive.
12. Any person who shall produce or attempt to produce in Penalty for
limself or in any other person by inoculation with variolulis inoculation ,
matter, or ly wilful exposure to variolous matter, or who shall
1172 ( 5 of 1890. ] VACCINATION ,
wilfully by any other means whatsoever produce the disease of
small.pox, shall on conviction before a Magistrate be liable to
a fine not exceeding two hundred and fifty dollars or to
imprisonment for a term not exceeding six months.
Recovery of
penalties.
13. All proceedings under this ordinance shall be in the
name of the Registrar General.
Service of
notices.
14. The service of any notice under this ordinance shall be
deemed sufficient and valid if such notice be left or served by
any person generally authorized by the Registrar General in
that behalf at the last known place ofabode or business of the
person mentioned therein, and all acts and things required by
this ordinance to be executed and done by the Registrar General
may under his control and supervision be executed and done
by any person duly authorized by him for that purpose .
Suspending 15. This ordinance shall not come into operation unless and
clause.
until the Governor notifies by proclamation that it is Her
Majesty's pleasure not to disallow the same and thereafter it
shall come into -operation upon such day as the Governor shall
notify by the same or any other proclamation.
[ In force from 1st October, 1890. Proclamation 23rd Jugust, 1890. ]
SCILEDULES.
( A. )
I, the undersigned hereby certify that [ fill in name (if any) date of birth,
sex, and parentage of child] of
has been successfully vaccinated by me.
Dated this day of 18
( Signel) A. B.,
( Medical Practitioner or Public
Vaccinator as the case may be. )
( B. )
I, the undersigned hereby certify that I am of opinion that [fill in name
( if any ) date of birth, ser, and parentage of child ] of is not now
in a fit and proper state to be successfully vaccinated for the following
reasons, viz .:
and that I have recommended the postponement
of the vaccination until the day of 18
( Signed ) A. B. ,
( Jlcdical Practitioner or Public Taccinator
118 the cure may be . )
VACCINATION , 1173
[ 5 of 1890.]
(C. )
Public Vaccinator's Register at the Station ,
Public Vaccinator.
vaccination
Source
lymph
In case of Date of
Result .
Nameress re - vaccination
birth
inspection.
Date
.of
Date
!
and Add sons
of per of Initials
case
of
.
of
.*
No.
14 and upwards of 8. With particu
of
cessful
of person ,
cessful
.
Unsuc
successfully opera lars if success.
or parent or vaccinated in tor. ful of No. of
Suc
guardian. early life, vessicles that
.
.
mark R. have taken .
1. 2. 3. 4. 5. 6. 7. 9.
( D. )
To [ insert name of parent or guardian. ]
Take notice that [ insert name of child (if any ) and its sex ], must be
vaccinated under the provisions of The Vaccination Ordinance, 1890, and
unless you produce to me within one month from the receipt of this notice a
certificate of the vaccination of , or of the unfitness of the said
for vaccination ( or otherwise satisfy me that the said
has been successfully vaccinated ) you are liable to a fine of five dollars.
Dated this day of 18
Registrar General.
Note.— For the appointment of Certifying Officer and Public l'accinators,
sce Government Notification No. 441, 20th October, 1890, ( Gazette 25th
October ), and for the appointment of Inspector of Vaccination Public Vac
cinator, and the Public Vuccinator whose duty it is to examine gratuitously
children on whose behalf certificates of unfitness for successful vaccination
are claimed , Government Notification 389, 12th September, 1891 , Gazette
19th September. For the appointment of places for vaccination see Govern
ment Notification No. 442 of 20th October, 1890, ( Gazette 25th October .)
The places are as follows:
In the City of Victoria.” —The Government Civil Hospital, The
Tung -Wa Ilespital and Alice Memorial Hospital.
“ In the Villages of Hongkong and Kowloon .” — The several Govern
ment Schools at such villages.
Rules under section 5 of the 21st Sept., 1891 , ( Gazette 3rd October , 1891. )
1. The Inspector of Vaccination shall from time to time visit the various
vaccinations or places appointed under The Vaccination Ordinance, 1890,
and shall examine the Public Vaccinator's Registers and see that they are
properly kept in accordance with the ordinance .
2. The Inspector of Vaccination shall examine any person who is desirous
of being appointed a Public Vaccinator and shall report the result thereof to
the Governor in writing.
3. The Inspector of Vaccination shall also if necessary before any such
examination give such course of instruction in vaccination to candidates for
the appointment of Public Vaccinators as he may think desirable.
1174 [ 6 or 1890.) PATENTS ( AMENDMENT ).
[ 7 of 1890. ] FALSIFICATION OF ACCOUNTS (AMENDMENT ).
No. 6 OF 1890 .
An Ordinance to repeal Ordinance No. 32 of 1889 and
amend Ordinance No. 14 of 1862, entitled An Ordi
nance for granting Patents for Inventions within this
Colony.
[ Incorporat [ 23rd May, 1890.]
ed with No.14
of 1862.]
Additional 3. Every declaration to be made pursuant to section one of
formalties for Ordinance No. 14 of 1862 shall be made before some person
declarations.
duly authorised to administer an oath in the country where it
is made, and every person who shall knowingly make any
untrue or false statement in any such declaration shall, upon
conviction, be liable to the penalties of perjury.
No. 7 OF 1890.
An Ordinance to amend the Law with reference to
the Falsification of Accounts.
[ 23rd May, 1890.)
HEREAS it is expedient to amend the law so as to
W punish the falsification by clerks, officers, servants,
and others of their employers' accounts,
* *
books, writings, or
>
documents :
Punishment
for falsifica
1. If any clerk , officer, or servant, or any person employed
tion of or acting in the capacity of a clerk, ofticer, or servant, shall
accounts, de. wilfully and with intent to defraud, destroy, alter, mutilate, or
falsify any book, paper, writing, valuable security or account
which belongs to or is in the possession of his employer,
or has been received by him for or on behalf of his employer, or
shall wilfully and with intent to defraud make or concur in
making any false entry in, or omit or alter, or concur in omit
ting or altering, any material particular from or in any such
book, or any document or account, then in every such case the
person so offending shall be guilty of a misdemeanour, and be
liable to be imprisoned with or without hard labour foi any
term not exceeding seven years.
Intention to
defraud , sufli 2. It shall be sufficient in any information under this ordi
cient inform- nance to allege a general intent to defraud, without naming any
ation .
particular person intended to be defrauded .
Ordinances to 3. This ordinance shall be read as one with Ordinance No.
be read with
Ord . No. 7 of 7 of 1863.
1865 .
Short title . 4. This ordinance may be cited as The Falsification of le
counts Ordinance, 1890 .
MAGISTRATES . [ 10 or 1890. ) 1175
No. 10 OF 1890 .
An Ordinance to amend and consolidate the Law relating Title.
to the Jurisdiction of Magistrates and the procedure
and practice before Magistrates in relation to offences
punishable on summary conviction and to indictable
offences before Magistrates and for other purposes .
[ 11th July, 1890. )
*** *
PART I.
PRELIMINARY .
1. This ordinance may be cited for all purposes as The Short title.
Magistrates Ordinance, 1890.
2. In the interpretation of this ordinance unless the context Interpreta
be repugnant thereto or inconsistent therewith the words and tion .
expressions hereinafter mentioned shall have and include the
meanings and applications following :--
Court means the Supreme Court.
Full Court means the Chief Justice and Puisne Judge
sitting together.
Judge means a Judge of the Court.
Pegistrar means the Registrar or either of the Deputy
Registrars of the Court.
Mayistrate means a Police Magistrate.
Indictable Offence means any crine or offence for which ar
Magistrate is authorised or empowered to commit the
accused to prison for trial before the Court.
Ojience punishable summrily or on summary conviction
means any crime or offence which a Magistrate is
empowered to deal with summarily.
Civil delt means any sum of money claimed to be due
which is recoverable under this ordinance or any past
or future ordinance or statute before a Magistrate or
before a Justice or Justices of the Peace upon coin
plaint and not on information .
Oath includes affirmation and declaration.
Counsel means any Barrister, Advocate or Solicitor having
the right of audience before any Court in the Colony.
1176 ( 10 of 1890. ) MAGISTRATES .
[ 42 & 43 V. The Magistrate's clerk includes (where there is more than
C. 49, 8. 48. ]
one of such clerks) either or any of such clerks or
such other person as a Magistrate from time to time
directs to do any thing required by this ordinance to
be done by the Magistrate's clerk .
I vid. s . 19.] Prescribeil means prescribed or provided by any ordinance
or statute in force in the Colony which relates to any
offences. penalties, tines, costs , sums of money , orders,
proceedings or matters to the punishment, recovery,
making or conduct of which this ordinance expressly
or impliedly applies or may be applied .
Pust Ordinance or Statute means any ordinance or act of
Parliament now in force in the Colony.
Future Ordinance or Statute means any ordinance or act
of Parliament which shall come into force in the
Colony after the coming into operation of this Ordi
nance .
Fine includes any pecuniary penalty or pecuniary forfeiture
or pecuniary compensation payable under a conviction
or order .
Sum adjudged to be paid by a conviction and sum adjudged
to be paid by an order respectively include any costs
adjudged to be paid by the conviction or order as the
case may be, of which the amount is ascertained by
such conviction or order.
Appellant means the party appealing under Part VII . of
this ordinance from a decision of a Magistrate or two
Magistrates sitting together.
Party includes the Crown and also any person aggrieved
within the meaning of sectious 99 and 104 of this
ordinance.
Respondent means the opposite party or parties whose
interests conflict with the interest of any person
appealing within the meaning ofthe said last mentioned
sections.
Prison means the Victoria Gaol, and shall also include any
other site and building or place set apart for the
purposes of a prison by order of the Governor.
Repcals. 3. The ordinances mentioned in the 1st schedule hereto to
the extent mentioned in the third column of that schedule are
hereby repealed.
Provided that such repeals shall not be taken to revive any
ordinance repealed by any ordinance mentioned in the schedule
nor shall affect
MAGISTRATES . [ 10 of 1890.) 1177
( 1. ) Anything duly done or suffered before the coming into
operation of this ordinance under any ordinance
hereby repealed
( 2. ) Any right or privilege acquired orany liability incurred
before the coming into operation of this ordinance
under any ordinance hereby repealed ;
( 3. ) Any imprisonment, fine, forfeiture or other punishment
incurred or to be incurred in respect of any offence
committed before the coming into operation of this
ordinance under any ordinance hereby repealed ; or
( 4. ) The prosecution to its termination of any investigation
or legal proceeding or any other remedy for prose
cuting any such offence or ascertaining, enforcing
or recovering any such liability, imprisonment, fine,
forfeiture or punishment as aforesaid commenced or
instituted before the coming into operation of this
ordinance, and any such investigation legal proceed
ing and remedy may be carried on as it this repeal
had not been enacted .
Where any unrepealed ordinance incorporates or refersto any
provisions of any ordinance hereby repealeil, such unrepealed
ordinance shall be deemed to incorporate or refer to the corres
ponding provisions of this ordinance.
4. The provisions of this ordinance which enable a Magistrate Saving for
,
notwithstanding any enactment to the contrary to impose army,navy
imprisonment without hard labour and to reduce the prescribed acts. 42 V.
period thereof or to do either of such acts and in the case of a C.113.&
49, s43.)
52.];
fine if it be imposed as in respect of a first offence to reduce the
prescribed amount thereof and in the case of imprisonment to
impose a fine in lieu of imprisonment, shall not apply to any
proceedings taken under any Act of Parliament relating to any
of Her Majesty's regular or auxiliary forces .
5. ( 1.) Nothing in this ordinance shall authorise a Magistrate Construction
to reduce the amount of fine, where the ordinance or statute and
tion . applica
prescribing such amount, carries into effect a Treaty Convention ( Ivid. s. 54.]
or agreement with a Foreign State and such Treaty Convention
or agreement stipulates for a tine of a minimum amount.
( 2.) Nothing in this ordinance shall affect any special proced
ure provided in any ordinance not hereby repealed .
6. The forms in the 2nd schedule hereto or forms to the like Forms.
effect, with such variations or additions as circumstances may
require, shall be deemed good, valid and sufficient in law.
Reference to the forms in the said schedule is made in the
following parts of this ordinance in connection with the subjects
to whicli tliey respectively relate by the insertion of numbers
corresponding to the numbers of the said forms.
1178
( 10 of 1890.] MAGISTRATES .
PART II .
CONSTITUTION OF MAGISTRATES.
Police 7. There shall be as heretofore two Magistrates who shall be
Magistrates. Justices of the Peace by virtueof their oilice and shall have and
1875, s.s. 3 exercise all such powers and jurisdiction as were rested in
& 14. ]
Police Magistrates before the coming into operation of this
ordinance except as altered or repealed by this or any other
ordinance ; and whenever by any past ordinance or statute in
force in the Colony any proceeding act or thing is authorised to
be taken or done by a Justice or Justices of the Peace the same
may be taken or done by one Magistrate. The Magistrates
now in office are continued therein as fully as if they were
appointed under this ordinauce, and the Governor may appoint
others from time to time as vacancies occur.
Marine
8. There shall as heretofore be a Marine Magistrate who
[Ibid.S. 14.) without prejudice to any other jurisdiction, power, or authority
possessed by him shall have the power and authority of a
Magistrate to hear and determine cases of assault and assault
and battery where there is no intent to commit a felony and
the provisions in this ordinance contained , in relation to the
procedure before a Magistrate in such cases, shall apply mutatis
mutandis to cases before the Marine Magistrate.
Justice may
9. ( 1. ) In all cases where a Magistrate may issue a warrant
issue warrant. for the apprehension of any person, it shall in his discretion be
lawful for a Justice of the Peace upon the application of a Police
officer and upon oath being made before him substantiating the
matter of the information to his satisfaction to issue such warrant
in order that such person may be brought before a Magistrate
to be dealt with according to law.
Powers of
Justices of
( 2. ) It shall be lawful for the Governor from time to time as
the Peace . occasion may require to direct that any two Justices of the
[ Ibid.s. 15.] Peace of the Colony sitting together, shall have the powers and
jurisdiction that a Nagistrate has by this ordinance and thereupon
all the provisions in this ordinance in relation to proceedings
before a Magistrate shall apply to the proceedings before such
justices. Such direction shall name a place where the said
Justices are to sit.
Evidence of
( 3. ) If any question shall arise as to the right of any person
exercise office to exercise the office of a Magistrate, Marine Magistrate or
ofMagistrate, Justice of the Peace or of the right of any Justice of the
&c. , or
Festive of the Peace to act as a Magistrate under any appointment in pur
Peace to act
as Magistrate. suance of this section, the production of theGazette nominating
| No. 10 of or appointing such person to exercise the office of Magistrate,
1841, s. 16. ] Marine Magistrate or Justice of the Peace or such Justice of the
MAGISTRATES . [ 10 OF 1890. ] 1179
Peace to act as a Magistrate shall in all proceedings be deemed
and held to be sufficient proof of such appointments respectively
and it shall not be necessary to produce any commission,
appointment or any oath , affidavit or other document in proof
thereof.
PART III .
SUMMARY PROCEDURE .
10. In all cases where a complaint shall be made to or in- Summons to
formation laid before a Magistrate in respect of which such defenda
[ 11 & 12nt.
V.
te er
Magistra has pow to conv ict summ aril y or to mak e an orde r c. 43, s. 1. ]
for the payment of money or otherwise it shall be lawful for
such Magistrate to issue his summons ( 1. ) to the person against
whom such complaint has been made or information laid stating
shortly the matter of such complaint or information and requir
ing him to appear at a certain time and place before a Mayis
trate to answer to the said complaint or information and to be
further dealt with according to law ; and every such summons Mode of
shall be served by a constable, usher or other officer in a Magis- service of
summons .
trate's Court upon the person to whoin it is so directed by
delivering the same to the party personally or by leaving the
same with some person for him at his last or most usual place
of abode ; and the constable, or other officer who shall serve
the same in manner aforesaid shall attend at the time and place
before the Magistrate in the said summons mentioned to depose
if necessary to the service of the said summons : provided No obligation
always, that nothing herein contained shall oblige a Magistrate toissue
to issue a summons in any case where the defendant appears certain cases.
voluntarily or upon bis recognisance or is in the custody of the
police or charged on the charge sheet.
11. If the person so served with a summons as aforesaid shall If summons
not be and appear before the Magistrate at the time and place henotobeyed,
Magistrates
mentioned in such summons, and it shall be made to appear to may issue
such Magistrate, by oath, that such summons was so served warrant ,
[ 11 & 12 V.
within what shall be deemed by such Magistrate to be a reason- c. 43, s. 2.1
able time before the time therein appointed for appearing to the
Same , then it shall be lawful for such Magistrate, if he shall
think fit, upon oath being made before him substantiating the
matter of such complaint or information to his satisfaction, to
issue his warrant ( 11.) to apprehend the person so summoned ,
and to bring such person before him or another Magistrate to
answer to the said complaint or information , and to be further
dealt with according to law ; or upon such information being
liso [ 10 OF 1890.] MAGISTRATES .
Warrant in
laid as aforesaid the Magistrate before whom such information
first instance. shall have been laid may, if he shall think fit, upon oath being
made before him substantiating the matter of such information
to his satisfaction, instead of issuing such summons as afore
said , issue in the first instance his warrant ( 111. ) for apprehend
ing the person against whom such information shall have been
so laid, ind for bringing him before a Magistrate to answer to
Summuns
the said information, and to be further dealt with according to
disobeyed law ; in any case where a Magistrate is empowered to make an
proceedings order for the payment of money or otherwise where a summons
ex parte.
shall be so issued as aforesaid , and upon the day and at the
place appointed in and by the said summons for the appearance
of the party so summonel, such party shall fail to appear ac
cordingly in obedience to such summons, then and in every
such case,
, if it be proved upon oath to a Magistrate that such
summons was duly served upon such party a reasonable time
before the time so appointed for his appearance as aforesaid , it
shall be lawful for such Magistrate to proceed ex parte to the
hearing of such complaint or information, and to adjudicate
thereon, as fully and effectually, to all intents and purposes, as
if such party bad personally appeared before him in obedience
to the said summons .
Manner of
making
12. Every complaint and every information under this part
plaint or lay of the ordinance unless some particular ordinance or statute in
ing inform- force in the Colony shall otherwise require, may respectively
ation .
[11 and 12 v . be made or laid without any oath being inade of the truth
c. 43 , s . 10.) thereof; except in cases of informations where the Magistrate
receiving the same shall thereupon issue his warrant in the first
instance to apprehend the defendant as aforesaid, and in every
such case where the Magistrate shall issue his warrant in the
first instance, the matter of such information shall be substan
tiated by the oath of the informant, or by some witness or
witnesses on his behalf, before any such warrant shall be issued ;
and every such complaint shall be for one inatter of complaint
only, and not for two or more matters of complaint; and every
such information shall be for one offence only, and not for two
or more offences ; and every such complaint or information
may be laid or made by the complainant or informant in person,
or by his counsel or other person authorised in that behalf.
Hearing in 13. The room or place in which a Magistrate shall sit to
open
l'11 and 12. v. hear and try any complaint or information shall be deemed an
C. 43, s. 12.] open and public Court, to which the public generally may have
access, so far as the same can conveniently contain thern unless
the Magistrate shall otherwise direct where the evidence is of
an indecent character in which case he shall make a note on
the depositions of the direction he has given ; and the party
MAGISTRATES. [ 10 of 1890. ] 1181
against whom such complaint is made or information laid shall
be admitted to make his full answer and defence thereto, and
to have the witnesses examined and cross-examined by counsel
on his behalf ; and every complainant or informant in any such
case shall be at liberty to conduct such complaint or inform
ation respectively, and to have the witnesses examined and
cross-examined by counsel on his behalf .
14. If at the day and place appointed in and by the summons Non-appear
aforesaid for hearing and determining such complaint or inform- defendant,
aufen die
ation as aforesaid the defendant against whom the same shall bearing in
have been made or laid shall not appear when called, the con- adjournment
stable or officer who shall have served him with the summons in on issue of
Warrant.
that behalf shall then declare upon oath in what manner he ('11 and 12
served the said summons, and if it appear to the satisfaction of V.c.43,s.13.]
the Magistrate that he dniy served the said summons, such
Magistrate may in any case where he is empowered to make an
order for the payment of money or otherwise proceed to hear
and determine the case in the absence of such defendant, or the
said Magistrate upon the non -appearance of such defendant as
aforesaid , may , if he think fit, issue his warrant in manner
herein before directed, and shall adjourn the hearing of the said
complaint or information until the said defendant shall be ap
prehended ; and when such defendant shall afterwards be ap
prehended under such warrant he shall be bronght before a
Magistrate who shall thereupon , either by his warrant ( XII . )
commit such defendant to prison or to some other place of
security, or, if he think fit , verbally to the custo (ly of the con
stable or officer who shall have apprehended him , or to such
other safe custody as lie shall deem fit, and orler the said
defendant to be brought up at a certain time and place before a
Magistrate, of which said order the com ; lainant or informant
sball have due notice ; or if upon the day and at the place so
appointed as aforesaid such defendant shall attend voluntarily
in obedience to the summons in that behalf served upon him ,
or shall be brought before the Magistrate by virtue of any Non -appcar
warrant, then, if the complainant or informant,having had such ance of com
plainant, &c.,
notice as aforesaid , do not appear by himself or his counsel the after adjourna
Magistrate shall dismiss such complaint or information unless ment.,
for some reason he shall think proper to adjourn the hearing of
the same unto some other day upon such terms as he shall think
fit, in which case he may cominit the defendant in the meantime
to prison or some other place of security, or to such other
custody as such Magistrate shall think fit , or may discharge
him upon his entering into a recognisance ( v.) with or without
surety or sureties, at the discretion of such Magistrate condi
tioned for his appearance at the time and place to which sucli
hearing shall be so adjourned ; and if such defendant shall not
1182 [ 10 of 1890. ) MAGISTRATES ,
afterwards appear at the time and place mentioned in such
recognisance, the Magistrate then present shall certify ( v11.)
on the back of the recognisance the non -appearance of the
defendant, and may declare the same to be forfeited in manner
hereinafter provided, and may also issne bis warrant for the
apprehension of the defendant ; but if both parties appear either
personally or by their respective counsel before the Magistrate
who is to hear and determine such complaint or information,
then the said Magistrate shall proceed to hear and determine
the same .
Proceedings 15. Where the defendant shall be present at the hearing, the
at the hearing.
( 11 and 12 v. substance of the complaint or information shall be stated to him
č.43,6.14,18 and he shall be asked if he have any cause to show why he
and 19 V. c.
126, s. 4. ] should not be convicted, or why an order should not be made
against him as the case may be and if he thereupon admit the
truth of such complaint or information and show no cause or
no sufficient cause why he should not be convicted , or why an
7
order should not be made against him as the case may be then
the Magistrate present at the hearing shall convict him or make
an order against bim accordingly ; but if he do not admit the
truth of such complaint or information as aforesaid , then the
Magistrate shall proceed to hear upon oath the complainant or
prosecutor, and such witnesses as may be produced in support
of the complaint or information and also to hear the defendant
and such evidence as may be adduced in defence and also to
hear and examine such other witnesses as the complainant or
prosecutor may examine in reply if the defendant or his counsel
shall have examined any witnesses or given any evidence other
than as to the defendant's general character ; and the Magis
trate having heard what each party shall have to say as afore
said and the witnesses and evidence so adduced shall consider
the whole matter and determine the same and shall convict or
make an order on the defendant or dismiss the complaint or
information as the case may be ( xxv. ) ; and if he convict the
defendant or make an order against him a minute or memoran
dum thereof shall then be made for which no fee shall be paid ,
and the conviction or order shall afterwards be drawn up by
the said Magistrate in proper form under bis hand and seal, and
he shall cause the same to be lodged with the Magistrate's clerk,
who shall register the same as hereinafter provided ; or if the
said Magistrate shall dismiss such complaint or information it
shall be lawful for such Magistrate if he shall think fit upon
being required so to do to make an order of dismissal of such
complaint or information and shall give the defendant in that
behalf a certificate thereof ( xxxix. ) which said certificate shall
be a bar to any subsequent complaint or information for the
same matters respectively against the same party .
1183
MAGISTRATES . ( 10 OF 1890. ]
16. ( 1. ) Before or during the hearing of any complaint or ofAdjournment
the hearing.
any information as aforesaid it shall be lawful for a Magistrate (11 and 12 :
in his discretion to adjourn the hearing of the same to a certain č. 43, 8. 16.]
time and place to be then appointed and stated in the presence
and hearing of the party or parties, or their respective counsel,
and in the meantime the Magistrate granting and making such
adjournment may suffer the defendant to go at large, or may
commit ( iv. ) him to prison or some other place of security or
to such other safe custoly as the said Magistrate shall think
fit, or may discharge such defendant upon his entering into a
recognisance ( v. ) with or without surety or sureties, at the
discretion of such Magistrate conditioned for his appearance at
the time and place to which such hearing or further hearing
shall be adjourned : provided always , that in all cases where a
defendant shall be discharged on recognisance as aforesaid, and
shall not afterwards appear at the time and place mentioned in
such recognisance, the Magistrate then present, shall certify
( vii. ) on the back of the recognisance the non-appearance of
the defendant and may declare the same to be forfeited in
manner hereinafter provided and may forth with issue his warrant
to apprehend the defendant.
( 2. ) If at the time and place to which such hearing or further
hearing shall be so adjourned the complainant or prosecutor
shall not appear personally or by counsel the Magistrate then
present may dismiss such complaint or information with or
without costs as to such Magistrate shall seem fit, and if at the
time and place aforesaid the defendant shall not appear person
ally or by counsel the Magistrate may issue his warrant for the
defendant's apprehension and may adjourn the proceedings for
such time as he thinks requisite.
General Provisions.
17. If it shall be made to appear to a Magistrate by the oath Power to
of any credible person , that any person within the Colony is Magistrate to
likely to give material evidence on behalf of the complainant or witnessesto
prosecutor or defendant, and will not voluntarily appear for give
attendevidenc
and e ,
the purpose of being examined as a witness at the time and {11 and 12 v .
place appointed for the hearing of such complaint or information č. 43, s. 7.)
as aforesaid such Magistrate shall issue bis summons ( VIII . ) to
such person under his hand and seal , requiring him to be and
appear at a time and place mentioned in such summons before
a Magistrate to testify what he shall know, concerning the
matter of the said complaint or information , and if any person If summons
so summoned shall neglect or refuse to appear at the time and Magistrate
be notobeyed,
place appointed by thesaid summons, and no just excuse shall may issue .
be offered for such neglect or refusal, then after proof upon oath warrant.
>
1181 ( 10 of 1890. ] MAGISTRATES .
of such summons having been served upon such person , either
personally or by leaving the same for him with some person at
his last or most usual place of abode, and that a reasonable sum
( where in the opinion of the Magistrate necessary ) was paid or
tendered to him for his costs or expenses in that behalf, it shall
be lawful for the Magistrate before whom such person should
have appeared to issue a warrant ( ix. ) under his hand and seal
to bring and have such person , at a time and place to be therein
In certain mentioned, before such Magistrate to testify as aforesaid , or if
cases may
issue warrant such Magistrate shall be satisfied by evidence upon oath that it
in the first
instance.
is probable that such person will not attend to give evidence
without being compelled so to do, then , instead of issuing such
Persons
summons, it shall be lawful for him to issue his warrant ( x . )
summons,& cc.,. in the first instance; and if on the appearance of such person so
refusing to be summoned before the said last mentioned Magistrate either in
examined ,
may be
committed .
obedience to the said summons or upon being brought before
him by virtue of the said warrant, such person shall refuse to
be examined upon oath concerning the premises, or shall refuse
to take such oath, or, having taken such oath, shall refuse to
answer such questions concerning the premises as shall then be
put to him , without offering any just excuse for such refusal,
the Magistrate may by warrant under his hand and seal commit
( x1 . ) the person so refusing to prison there to remain and be
imprisoned for any time not exceeding two months, unless he
sball in the meantime consent to be examined and to answer
concerning the premises or may impose a fine on such person
not exceeding twenty dollars.
Variance be .
tween inform
18. In all cases of informations for any offences punishable
ation and on summary conviction any variance between such inforination
evidence . and the evidence adduced in support thereof as to the time at
[.11 and 9.12] V. which such offence or act shall be alleged to have been committed
shall not be deemed material, if it be proved that such inform
ation was in fact laid within the time limited by law for laying
the same; and any variance between such information and the
evidence adduced in support thereof as to the place in which
the offence or act shall be alleged to have been committed shall
not be deemed material, provided that the offence or act be
proved to have been committed within the jurisdiction of the
Magistrate by whom such information shall be heard and
determined ; and if any such variance, or any variance in any
other respect between such information and the evidence adduceil
in support thereof, shall appear to the Magistrate present and
acting at the bearing to be such that the party charged by such
information has been thereby deceived or misled, it shall be
lawful for such Magistrate upon such terms as he shall think
fit, to adjourn the hearing of the case to some future day, and
in the meantime to commit the said defendant to prison or some
MAGISTRATES . 1185
[ 10 of 1890. )
place of security, or to such other custody as the said Magis
trate shall think fit, or to discharge him upon his entering into
a recognisance ( v .) with or wit!ıout surety or sureties, at the
discretion of the Vagistrate conditioned for his appearance at
the time and place to which such hearing shall be so adjourned .
Provided always that in all cases in which a defendant shall be
so discharged upon recognisance as aforesaid, and shall not
afterwards appear at the time and place in such recognisance
mentioned, the Magistrate then present, shall certify ( VII.) on
the back of the recognisance the non -appearance of the defendant
and may declare the same to be forfeited in the manner herein
after provided and may also forthwith issue a warrant for bis
apprehension.
19. In any complaint or information or the proceedings ofDescription
property of
thereon in which it shall be necessary to state the ownership partners, &c.
of any property belonging to or in the possession of partners, 11 and 12,v.
joint tenants, parceners or tenants in common it shall be suffi- c. 43, s.+ .]
cient to name one of such persons and to state the property to
belong to the person so named and another or others as the case
inay be and whenever in any such complaint or information or
the proceedings thereon it shall be necessary to mention for any
purpose whatsoever any partners, joint tenants, parceners or
tenants in common it shall be sufficient to describe them in
manner aforesaid ; and whenever in any such complaint or
information or the proceedings thercon it shall be necessary to
describe the ownership of any public work or building main
tained or repaired at the public expense or any materials or
tools provided for the repair of public highways, roads, build
ings , gates , bridges , lamps, boards, stones, posts, fences or
other things erected or provided for such highways, roads,
buildings, gates, bridges, lamps, boards, stones and posts, or
of any reservoirs, conduits, sewers drains or other public works
or property of whatsoever description it shall be sufficient to
describe such property as the property of the Crown.
20. In all cases of complaints upon which a Magistrate may Complaints
make an order for payment of money, or otherwise it shall not toforpayan order
money
be necessary that such complaint shall be in writing unless it inneedwriting
not be.
shall be required so to be by some particularordinance or statute [thaud
11 12 v.
upon which such complaint shall be framed. C. 43 , s. 8. )
21. In all cases of offences other than indictable offences Limit of time
where no time is by any ordinance or statute or shall hereafter complaints
for such
by any future ordinance or statute be limited for making any or informa
complaint or laying any information in respect of such offences, tions.
(11 and 12 V.
such complaint shall be made or such information laid within c. 43, s. 11.
No. 10 of 1844 ,
six months from the time when the matter of such complaint s9.23.)
]
or information respectively arose.
1186 [ 10 OF 1890. ] MAGISTRATES .
No objection 22. No objection shall be taken or allowed to any complaint,
want of form. information or summons for any alleged defect therein in sub
and 12
č.[1143, s. 1.] V.
stance or in form , or for any variance between such complaint,
information or summons, and the evidence adduced in support
thereof and the adjudicating Magistrate shall in all cases give
judgment upon the substantial merits and facts of the case as
proved before him , and convict the defendant of the offence of
wbich he shall appear to have been guilty ; but if any such
variance shall appear to the Magistrate to be such that the party
so summoned and appearing has been thereby deceived or misled
it shall be lawful for such Magistrate upon such terms as he
shall think fit to adjourn the hearing of the case to some future
day.
Form of 23. In all cases of conviction where no particular form of
convictions
and orders. such conviction is or shall be given by the ordinance or statute
[11 and 12 V. creating the offence or regulating the prosecution for the same,
c. 43 , s. 17. ]
and in all cases of conviction upon past ordinances or statutes
whether any particular form of conviction have been therein
given or not, it shall be lawful for the Magistrate who shall so
convict to draw up his conviction in such one of the forms of
convictions in the 2nd schedule hereto as shall be applicable to
such case or to the like effect ( xiv. to xxi . ) ; and where an
order shall be made, and no particular form of order is or shall
be given by the ordinance or statute giving authority to make
such order, and in all cases orders to be made under the author
ity of any past ordinances or statutes, whether any particular
form of order shall therein be given or not, it shall be lawful
for the Magistrate by whom such order is to be made to draw
up the same in such one of the forms of orders in the 2nd scbe
dule hereto as may be applicable to such case, or to the like
effect ( xxii . to XXXII. ).
Proof by 24. In a proceeding before a Magistrate without prejudice
declaration
of service of to any other mode of proof, service on a person of any summons,
process,and notice, process, or document required or authorised to be served,
of ,handwrit-
& c. and the bandwriting and seal of a Magistrate or other officer or
[4249,ands. 41.
C. 43 ]V. person on any warrant, summons, notice, process, or document,
may be proved by a solemn declaration ( XXXVI ., XxxvII. ) taken
before a Justice of the Peace and any declaration purporting to
be so taken shall, until the contrary is shown, be sufficient
proof of the statements contained therein, and shall be received
in evidence in any Court or legal proceeding, without proof
of the signature or of the official character of the person or
persons taking or signing the same.
If any declaration maile under this section is untrue in any
material particular, the person wilfully making such false
declaration shall be guilty of wilful and corrupt perjury.
MAGISTRATES . [ 10 of 1890.] 1187
25. Every warrant to apprehend a defendant that he may Form of
answer to any such complaint or information as aforesaid , shall warrant,
[ 11 & 12 V.
be under the hand and seal of the Magistrate issuing the same, c. 43, s.3.]
and may be directed either to any constable or peace officer by
name or generally to all the constables within the Colony and
it shall state shortly the matter of the complaint or information
on which it is founded, and shall naine or otherwise describe as
far as practicable the person against whom it has been issued ,
and it shall order the constable or other person to whom it is
directed to apprehend the defendant and to bring him before a
Magistrate to answer to the said complaint or information, and
to be further dealt with according to law ; and it shall not be
necessary to make such warrant returnable at any particular
time, but the same may remain in full force until it shall be
executed ; and such warrant may be executed by apprehending Execution of
warrant.
the defendant at any place within the Colony or the waters
thereof ; in all cases where such warrant shall be directed to all
constables or peace officers within the Colony it shall be lawful
for any constable or other peace officer to execute such warrant
in like manner as it such warrant were directed specially to such
constable or other peace officer by name, and not withstanding
that the place in which such warrant shall be executed shall
not be within the place for which he shall be such constable or
other peace officer: provided always, that no objection shall be No objection
taken or alloived to any such warrant to apprehend a defendant forwant of
so issued upon any such complaint or information as aforesaid variance
under or by virtue of this ordinance for any alleged defect between it and
therein in substance or in form , or for any variance between it
and the evidence adduced , on the part of the complainant or
informant : but if any such variance shall appear to the Magis
trate at the hearing to be such that the party so apprehended
under such warrant has been thereby deceived or misled , it shall
be lawful for such Magistrate upon such terms as he shall think
fit, to adjourn the hearing of the case to some future day, and Adjournment
in the meantime to commit the defendant to prison or some upon termsif
place of security or to such other custody as such Magistrate deceived.
sball think fit, or to discharge him upon his entering into a
recognisance ( v. ) with or without surety or sureties, at the
discretion of such Magistrate conditioned for his appearance at
the time and place to which such hearing shall be so adjourned :
provided always, that in all cases where aa defendant shall be
discharged upon recognisance as aforesaid, and shall not after
>
wards appear at the time and place in such recognisance
mentioned, then the Magistrate then present shall certify ( VII. )
on the back thereof the non -appearance of the defendant and
may declare such recognisance to be forfeited and may also
torthwith issue a warrant for his apprehension.
1188 MAGISTRATES .
[ 10 of 1890.)
Summons or 26. Any warrant or summons issued by a Magistrate under
warrant not
avoided by this or any other ordinance or statute whether past or future
death of
Magistrate.
or otherwise, shall not be avoided by reason of the Magistrate
[42 & 43 V. who signed the same dying or ceasing to hold office.
c. 49 , s. 37. ]
Bail of person
arrested
27. A person taken into custody for an offence without a
without a warrant shall be brought before a Magistrate as soon as practic
warrant.
[ 42 & 43 V. able , after he is so taken into custody, and if it is not or will
c. 49, s. 38.] not be practicable to bring him before a Magistrate within
forty -eight hours after he is so taken into custody, a Superintend
ent or Inspector of Police, or other officer of Police of equalor
superior rank , or in charge of any Police Station, shall inquire
into the case, and, except where the offence appears to such
Superintendent, Inspector or officer to be of a serious nature,
shall discharge the prisoner, upon his entering into a recognisance
( v. ) , with or withoutsureties , for a reasonable amount, to appear
before a Magistrate at the day, time, and place named in the
recognisance.
Provisions as 28. The following enactments shall apply to proceedings
to proceed
ings, &c. before Magistrates; ( that is to say) :
(42 & 43 V.
c. 49, s. 39. ( 1. ) The description of any offence in the words of the
11 & 12 V. c. ordinance or statute or any order , bye -law , regu
43, 8. 14.]
lation, or other document creating the offence, or in
similar words, shall be sufficient in law ; and
( 2.) Any exception, exemption, proviso, excuse, or quali
fication, whether it does or does not accompany in
the same section the description of the offence in
the ordinance or statute, order, bye -law , regulation,
or other document creating the offence, may be
proved by the defendant, but need not be specified
or negatived in the complaint or information, and
if so specified or negatived no proof in relation to
the matter so specified or negatived shall be required
on the part of the complainant or informant; and
( 3. ) A warrant of commitment shall not be held void by
reason of any defect therein, if it be therein alleged
that the offender has been convicted or ordered to
do or abstain from doing any act or thingrequired
to be done or left undone, and there is a good and
valid conviction or order to sustain the same; and
( 4. ) A warrant of distress shall not be deemed void by
reason only of any defect therein , if it be therein
alleged that a conviction or order has been made,
and there is a good and valid conviction or order to
sustain the saine, and a person acting under a
warrant of distress shall not be deemed a trespasser
MAGISTRATES . ( 10 of 1890.] 1189
ab initio hy reason only of any defect in the warrant,
or ofany irregularity in the execution of the warrant,
but this enactment shall not prejudice the right of
any person to satisfaction for any special damage
caused by any defect in or irregularity in the execu
tion of a warrant of distress, so however that if
amends are tendered before suit or action brought,
or if the suit or action is brought, are paid into
Court in the suit or action, and the plaintiff does
not recover more than the sim so tendered and
paid into Court, the plaintiff shall not be entitled
to any costs incurred after such tender, and the
defendants shall be entitled to their taxed costs ; and
( 5. ) All goods forfeited by order of a Magistrate may be
sold or disposed of in such manner as the Magistrate
may direct, and the proceeds of such sale shall be
applied in the like manner as if the proceeds were
a fine imposed under the ordinance or statute on
which the proceeding for the forfeiture is founded .
29. In all proceedings under this part of this ordinance the Minutes of
Magistrate at the hearing shall take or cause to be taken in proceedings.
writing a full minute, so far as circumstances permit, ( XII. ) 1844,s.2.))
of the following matters, viz. :
( 1. ) The nature of the complaint or information.
( 2. ) The names ofthe complainant, informant or prosecutor
and of the defendant and of the respective witnesses
on either side.
( 3. ) The evidence or depositions of the witnesses .
( 4. ) Objections to the admissibility ofevidence and whether
the same have been allowed or disallowed .
( 5. ) Of the penalties, if any, paid into Court.
Such minute shall, immediately after the close of the case, be
handed to the Magistrate's clerk for safe custody.
30. ( 1. ) The Magistrate's clerk shall keep a register of the Register of
minutes or memoranda of all the convictions and orders of the cases to be
kept.
Magistrate or Magistrates, and of such other proceedings as are (42 & 43 V.
directed by the rules contained in the 3rd schedule hereto to be c. 49, s. 22. ]
registered , and shall keep the same in the form (Lx .) in the
2nd schedule hereto and with the particulars prescribed in the
said form or rules.
( 2. ) Such register, and also any extract from such register
certified by the clerk keeping the same to be a true extract,
shall be prima facie evidence of the matters entered therein for
1190 ( 10 OF 1890. ) MAGISTRATES .
the purpose of informing a Magistrate or the Magistrates, but
nothing in this section shall dispense with the legal proof of a
previous conviction for an offence when required to be proved
against a person charged with another offence.
(3.) The entries relating to each minute, memorandum or
proceeding shall contain the name of the Magistrate before whom
the conviction or order or proceeding referred to in the minute
or memorandum was made or had .
( 4. ) Every sum paid to the Magistrate's clerk in accordance
with this ordinance, and the appropriation of such sum shall
be entered and authenticated in such manner directed by the
rules in the 3rd schedule hereto .
( 5. ) Every such register shall be open for inspection, without
fee or reward , by a Magistrate, or by any person authorised in
that behalf by a Magistrate or by the Governor or Colonial
Secretary
Special Provisions.
Power to
discbarge 31. If upon the hearing of a charge for an offence punisbable
defendant on summary conviction under this ordinance , or under any other
without
punishment. ordinance or statute whether past or future, the Magistrate thinks
[ 42 & 43 V. that though the charge is proved the offence was in the parti
c . 49, s. 16.]
cular case of so trifling a nature that it is inexpedient to inflict
any punishment, or any other than a nominal punishment -
( 1. ) The Magistrate without proceeding to conviction ,may
dismiss the complaint or information, and if he
thinks fit, may order the defendant to pay such
damages, not exceeding ten dollars, and such costs
of the proceeding, or either of them , as the Magis.
trate thinks reasonable ( XXVI . , XLV.; ) or,
( 2. ) The Magistrate upon convicting ( xxi . ) the defendant
may discharge him conditionally on his giving
security, ( v. ), with or without sureties, to appear
for sentence when called upon , or to be of good
behaviour, and either without payment of damages
and costs, or subject to the payment of such damages
and costs, or either of them , as the Magistrate thinks
reasonable.
Fines under
$5 recovery .
32. Where aa defendant is fined a sum not exceeding five
| 8 of 1899, s. dollars and the same is not forthwith paid the Magistrate in
3. )
flicting such fine may order the defendant to be searched and
if the defendant on being searched is found to bave on his
person any sum ofmoney equalling or exceeding the amount
of his fine, it shall be lawful for the Magistrate upon oath made
MAGISTRATES . ( 10 of 1890. ) 1191
to bim of the fact by any person who was present when the
defendant was searched to order that so much of the said sum
of money as may be sufficient to satisfy the said fine be for
feited by the defendant and that the defendant be thereupon
discharged from custody.
33. ( 1. ) Where a Magistrate has authority under this ordi- Power to
nance, or under any other ordinance or statute 'whether past or punishment.
mitigate
future, to impose imprisonment or to impose a fine for an offence (42 and 43 v .
punishable on summary conviction , such Magistrate may, in C. 49, s.4.]
the case of imprisonment, impose the same without hard labour,
and reduce the prescribed period thereof, or do either of such
acts .
( 2. ) Where in the case either of imprisonment or a fine there
is prescribed a requirement for the offender to enter into his
recognisance and to find sureties for keeping the peace, and
observing some other condition , or to do any of such things,
the Magistrate may dispense with any such requirement or any
part thereof.
( 3. ) Whenever any person shall be convicted summarily Minimum
before a Nagistrate of any offence against the provisions of any punishments.
ford.None of
ordinance or statute in force in the Colony whereby a minimum 1873. ]
amount of fine or term of imprisonment is prescribed by way
of punishment for such offence , it shall be lawful for the Ma
gistrate if he shall in his discretion think fit to award a less
amount of fine or term of imprisonment than that prescribed
by way of minimum punishment as aforesaid or to award in
certain cases a merely nominal punishment notwithstanding
anything in such ordinance or statute to the contrary.
34. ( 1. ) Where a power is given by any future ordinance Summary
or statute to a Magistrate of requiring any person to do or orders.
[ 42 and 43 V.
abstain from doing any act or thing other than the payment of c. 19, s. 34.)
money , or of requiring any act or thing to be done or left undone
other than the payment of money , and no mode is prescribed
of enforcing such requisition, a Magistrate may exercise such
power by an order or orders, and may annex to any such order
any conditions as to time or mode of action which lie may think
just, and may suspend or rescind any such order on such under
taking being given or condition being performed as he may
think just , and generally may make such arrangement for
carrying into effect such power as to him seems meet.
( 2.) A person making default in complying with an order
of a Magistrate in relation to any matter arising under any
future ordinance or statute other than the payment of money
shall be punished in the prescribed manner, or if no punishment
is prescribed, may,, in the discretion ofthe Magistrate, be ordered
1192
[ 10 or 1890.] MAGISTRATES .
to pay a sum not exceeding five dollars for every day during
which he is in default , or to be imprisoned until he has remedied
his default.
Provided that a person shall not , for non -compliance with
the requisition of a Magistrate whether made by one or more
orders, to do or abstain from doing any act or thing, be liable
under this section to imprisonment for a period or periods
amounting in the aggregate to more than three months, or to
thie payment of any sums exceeding in the aggregate one hun
dred dollars.
Payment by 35. The Magistrate by whose conviction or order any sum
instalments
or security .
[ 1bid . s.7 . ]
is adjudged to be paid may do all or any of the following things,
viz .:
( 1. ) Allow time for the payment of the said sum .
( 2. ) Direct payment to be made of the said sum by instal
ments , and
( 3. ) Direct that the person liable to pay the said sum shall
be at liberty to give to the satisfaction of a Magis
trate or such person as may be specified by the
Magistrate adjudging the money to be paid , security
with or without a surety or sureties for the pay
ment of the said sum or of any instalment thereof,
and such security may be given and enforced in
manner provided by this ordinance.
Where a sum is directed to be paid by instalments and default
is made in the payment of any one instalment, the same pro
ceedings may be taken as if default had been made in payment
of all the instalments then remaining unpaid. A Magistrate
directing the payment of a sum or of an instalment of a sum
may direct such payment to be made at such time or times,
and in such place or places and to such person or persons, as
may be specified by such Magistrate and every person not being
the Magistrate's clerk to whom any such sum or instalment is
paid , shall as soon as may be account for and pay over the same
to such clerk . ( xv. to xxr.).
Return by
Magistrate's
36. Where any property has been taken from a person
order of charged before a Magistrate with an offence punishable either
property on information to the Court or on summary conviction, a report
taken from
defendant, shall be made by the Police on the charge sheet to the Magistrate
[4249,and43
c. s. 41. ]V. of the fact of such property having been taken from the accused
or defendant and of the particulars thereof and the Magistrate
may , if of opinion that the property or any portion thereof can
be returned consistently with the interests of justice and with
the safe custody of the accused or defendant, direct such
property or any portion thereof to be returned to the accused
or defendant or such other person as he may direct.
MAGISTRATES. [ 10 of 1890.] 1193
37. Every person who shall aid , abet, counsel or procure Prosecution
the commission of any offence which is or hereafter shall be and punish:
punishable by a Magistrate on suminary conviction shall be and abettors.
liable to be proceeded against and convicted for the same either c!.7.&
43, s.175.]Y:
together with the principal offender or before or after his
conviction and shall be liable to the same punishment and
penalties as such principal is or shall be by law liable .
38. A Magistrate shall not , by cumulative sentences of Cumulative
imprisonment ( other than for default of finding sureties ) to to exceed not
six
take effect in succession in respect of several assaults committed months.
on the same occasion, impose on any person imprisonment for 12:38
c. 49, s. ];
the whole esceeding six months; but nothing in this section
shall be deemed to affect the provisions hereinafter contained
in section 83 .
Committal and Distress Warrants.
( Forms xl. , to Lix . )
39. Where a conviction ( xvi . ) adjudges a fine to be paid, Warrants of
,
or where an order requires the payment of a sum of money and distress:
( 11 & 12 v .
by the ordinance or statute past or future authorising such č. 43, s. 19.)
conviction or order such fine or sum of money is to be levieil
upon the goods and chattels of the defendant by distress and
sale thereof, and also in cases where by the ordinance or statute
past or future in that behalf no mode of raising or levying such
fine or sum of money ,or ofenforcing the payment of the same,,
is stated or provided, it shall be lawful for a Magistrate to issue
his warrant of distress ( XL. , XLI.) for the purpose of levying
the same, which said warrant of distress shall be in writing
under the hand and seal of the Magistrate making the same:
provided always, that whenever it shall appear to the Magistrate
to whom application shall be made for any such warrant of
distress as aforesaid that the issuing thereof would be ruinous
to the defendant and his family, or wherever it shall appear to
such Magistrate, by the confession of the defendant or otherwise,
that he hath no goods or chattels whereon to levy such distress,
or wbenever in the opinion of the Magistrate it is inexpedient
to issue such warrant of distress, then and in every such case
it shall be lawful for such Magistrate, if he shall deem fit, instead
of issuing such warrant of distress, to commit such defendant
to prison with or without hard labour, for such time and in
such manner as by law such defendant might be so committed
in case such warrant of distress had issued and no goods or
chattels could be found whereon to levy such fine or sun and
costs aforesaid .
1194 [ 10 OF 1890. ] MAGISTRATES .
After warrant
Magistrate
40. Where a Magistrate shall issue any such warrant of
may allow distress it shall be lawful for him to suffer the defendant to go
defendant to
go at large
at large, or by a written warrant in that behalf, ( Liv. ) or
until return
made to
verbally to order the defendant to be kept and detained in safe
warrant. custody until return shall be made to such warrant of distress,
( 11 & 12 V. unless such defendant shall give sufficient security, by recog .
c. 43, s. 20.]
nisance or otherwise, to the satisfaction of such Magistrate, for
his appearance before a Magistrate at the time and place
appointed for the return of such warrant of distress: provided
always, that in all cases where a defendant shall give security
by recognisance as aforesaid, and shall not afterwards appear at
the time and place in such recognisance mentioned , then the
Magistrate then present may forth with declare the same to be
estreated in inanner hereinafter provided.
In default of 41. If at the time and place appointed for the return of any
sufficient
distress, such warrant of distress the constable or other officer who shall
defendant
may be have had the execution of the same, shall return ( xlix . ) that
committed to he could find no goods or chattels or no sufficient goods or
prison. chattels whereon he could levy the sum or sums therein men
( 11 & 12 V. c.
43, s. 21.] tioned , together with the costs of or occasioned by the levying
of the same it shall be lawful for the Magistrate before whom
the same shall be returned to issue his warrant of commitment
( LII .) under his hand and seal, directed to the same or any
other constable or other officer, reciting the conviction or order
shortly, the issuing of the warrant of distress, and the return
thereto, and requiring such constable or other officer to convey
such defendant to prison, and there to deliver him to the
Superintendent thereof, and requiring such Superintendent to
receive the defendant and to imprison hiin , or to imprison him
and keep him to hard labour, in such manner and for such time
as shall have been directed and appointed by the ordinance or
statute on which the conviction or order mentioned in such
warrant of distress was founded, unless the sum or suins
adjudged to be paid, and all costs and charges of the distress,
( the amount thereof being ascertained and stated in such
commitment ), shall be sooner paid.
Where no 42. Whenever it shall be returned to a warrant of distress
remedy or
punishment in issued for the recovery of a fine or sum of money ordered to be
default of
distress com paid under a conviction or order that no sufficient goods of the
mitmentmay party against whom such warrant shall have been issued can be
be ordered
(11 & 124.c.
V. found, and by the ordinance or statute under the provisions of
43 , s. 22.] which such conviction or order was made, no further remedy
or punishment is provided for the non -payment of such fine or
sum of money , it shall nevertheless be lawful for a Magistrate
if he shall think fit, by his warrant (LIII. ) as aforesaid, to
commit the defendant to prison with or without hard labour
MAGISTRATES . [ 10 (F 1890. ] 1195
for such period as may be in accordance with the scale provided
by section 57 of this ordinance unless the fine or sum adjudged
to be paid , and all costs and charges of the distress, ( the amount
thereof being ascertained and stated in such commitment ) shall
be sooner paid .
43. In all cases where the ordinance or statute by virtue of Power to
which a conviction for a fine or an order for the payment of commit
money is inade, makes no provision for such fine or sum being instance.
levied by distress, but directs that if the same be not paid £.c 43,3. 23.j
forth witń, or within a certain time therein mentioned , or to be
mentioned in such conviction or order, the defendant shall be
imprisoned , or imprisoned and kept to hard labour, for a certain
time, unless such fine or sum shall be sooner paid , in every
such case such fine or suin shall not be levied by distress ; but
it the defendant do not pay the same, together with costs, if
awarded , forthwith , or at the time specified in such conviction
or order for the payment of the same, it shall be lawful for a
Magistrate to issue his warrant of commitment (LI., LII.) under
his hand and seal , requiring the constable or constables to whom
the same shall be directed to take and convey such defendant
to prison , and there to deliver him to the Superintendent thereof,
and requiring such Superintendent to receive such defendant
and to imprison him , or to imprison him and keep him to bard
labour as the case may be, for such time as the ordinance or
statute on which such conviction or order is founded as aforesaid
shall direct, unless the fine, sum or sums adjudged to be paid ,
shall be sooner paid.
44. Where a conviction does not order the payment of any commitment
fine, but that the defendant be imprisoned, or imprisoned and dience
> fordisobe:
of an
kept to bard labour, for his offence, or where an order is not for order to do
the payment of money, but for the doing of some other act, and not
somebeing
act,& c.
directs that in case of the defendant's neglect or refusal to do payment of
such act he shall be imprisoned, or imprisoned and kept to hard ( 11 & 12 V.
labour , and the defendant neglects or refuses to do such act, in c. 43, s.24.]
every such case it shall be lawful for a Magistrate to issue his
warrant of commitment ( LV. , LVI. ) under his hand and seal,
requiring the constable or constables to whom the same shall
be directed to take and convey such defendant to prison and
there to deliver him to the Superintendent thereof, and requiring
such Superintendent to receive such defendant and to imprison
him , or to imprison him and keep him to hurd labour, as the
case may be, for such time as the ordinance or statute on which
such conviction or order is founded as aforesaid shall direct ;
and in all such cases , where by such conviction or order any
sum for costs shall be adjudged to be paid by the defendant to
the complainant or prosecutor, such sum may, if the Magistrate
1196 [ 10 of 1890. ) MAGISTRATES .
shall think fit, be levied by warrant of distress ( XLII., XLIII.)
in manner aforesaid, and in default of distress the defendant
may, if such Magistrate shall think fit, be also committed to
prison ( LVIII. ) there to be kept for any time not exceeding one
calendar month with or without hard labour to commence at
the termination of the imprisonment he shall then be undergoing,
unless such sum for costs , and all costs and charges of the said
distress shall be sooner paid .
Subsequent 45. Where a Magistrate shall upon any complaint or inform
Commitment
( 11 & 12 V.
. ation as aforesaid adjudge the defendantto be imprisoned, and
C. 43, s. 25. ] such defendant shall then be in prison undergoing imprisonment
upon a conviction for any otlier offence the warrant of commit
ment for such subsequent offence shall in every such case be
forthwith delivered to the gaoler to whom the same shall be
directed : and it shall be lawful for the Magistrate issuing the
same, if he shall think fit, to award and order therein and
thereby that the imprisonment for such subsequent offence shall
commence at the expiration of the imprisonment to which such
defendant shall have been previously adjudged or sentenced .
On payment
of fine and
46. In all cases where any person against whom a warrant
expenses of distress shall issue as aforesaid shall pay or tender to the
distress not
be levied or to constable or other officer having the execution of the same the
the party if sum or sums in such warrant mentioned , together with the
imprisoned
on payment to amount of the expenses of such distress up to the time of such
be discharged. payment or tender, such constable or other officer shall cease
( 11 & 12 V.
c. 43, s. 28. ] to execute the same ; and in all cases in which any person shall
be imprisoned as aforesaid for non -payment of any fine or other
sum he may pay or cause to be paid to the Superintendent of
the prison in which he shall be so imprisoned the sum in the
warrant of commitment mentioned, together with the amount
of the costs therein mentioned , and the said Superintendent
shall receive the same, and shall thereupon discharge such
person, if he be in his custody for no other matter.
Procedure on
execution of 47. The following regulations shall apply with respect
warrants of to warrants of distress issued by a Magistrate under this
distress. ordinance :
( 42 & 43 v.
c. 49, s. 43. ] ( 1. ) A warrant of distress shall be executed by or under
the direction of a constable or other officer.
( 2. ) Save in so far as the person against whom the distress
is levied otherwise consents , the distress shall be
sold by public auction and five clear days at the
least shall intervene between the making of the
distress and the sale unless the goods distrained
are perishable and when consent is so given as
aforesaid the sale may be made in accordance with
such consent .
MAGISTRATES . ( 10 of 1890. ) 1197
( 3. ) Subject as aforesaid , the distress shall be sold within
the period fixed by the warrant and if no period is
so fixed, then within the period of fourteen days
from the date of the making of the distress unless
the sum for which the warrant was issued and also
the charges of taking and keeping the said distress
are sooner paid .
(4. ) Subject to any directions to the contrary given by
the warrant of distress, when the distress is levied
on household goods, the goods shall not except
with the consent in writing of the person against
whom the distress is levied be removed from the
house until the day of sale, but so much of the
goods shall be impounded as are in the opinion of
the person executing the warrant sufficient to satisfy
the distress by affixing to the articles impounded a
conspicuous mark ; and any person removing any
goods so marked or defacing or removing the said
mark shall on summary conviction be liable to a
fine not exceeding twenty - five dollars .
( 5. ) Where a person charged with the execution of a
warrant of distress wilfully retains from the produce
of any goods sold to satisfy the distress or otherwise
exacts any greater costs and charges than those to
which he is for the time being entitled by law or
makes any improper charge he shall be liable on
summary conviction to a fine not exceeding twenty
five dollars.
( 6. ) A written account ( L. ) of the costs and charges in
curred in respect of the execution of any warrant
of distress shall be sent by the constable or other
officer charged with the execution of the warrant
as soon as practicable to the Magistrate's clerk ; and
it shall be lawful for the person upon whose goods
the distress was levied within one month after the
levy of the distress to inspect such account without
fee or reward at any reasonable time to be appointed
by a Magistrate and to take a copy of such account.
(7. ) A constable or other officer charged with the execution
of a warrant of distress shall cause the distress to
be sold and may deduct out of the amount realized
by such sale all costs and charges actually incurred
in effecting such sale and shall render to the owner
the surplus (if any ) after retaining the amount for
which the warrant was issued and the proper costs
and charges of the execution of the warrant ,
1198 [ 10 OF 1890. ) MAGISTRATES .
( 8. ) Where a person pays or tenders to the constable or
other officer charged with the execution of a war
rant of distress the sum mentioned in the warrant
or produces the receipt for the same of the Magis
trate's clerk and also pays the amount of the costs
and charges of such distress up to the time of such
payment or tender, the constable or other officer
shall not execute the warrant.
Special pro
vision as to
48. ( 1. ) A Magistrate to whom application is made either
warrants of to issue a warrant of distress for any sum adjudged to be paid
for non - pay by a conviction or order, or to issue a warrant for committing
ment of a person to prison for non-payment of a sum of money adjudged
money
to and,asof to be paid by a cor viction, or in the case of a sum not a civil
distress . debt by an order, or for default of sufficient distress to satisfy
( 42 and 43 V.
C. 49, s. 21.] any such sum , may, if he deem it expedient so to do, postpone
the issue of such warrant until such time and on such conditions,
if any, as to him may seem just.
( 2. ) The wearing apparel and bedding of a person and his
family, and to the value of twenty -five dollars the tools and
។
implements of his trade, shall not be taken under a distress
issued by a Magistrate .
( 3. ) Where on application to a Magistrate to issue aa warrant
for committing a person to prison for non-payment of a sum
adjudged to be paid by a conviction or in the case of aa sum not
a civil debt by an order or for default of sufficient distress to
satisfy any such sum , it appears to the Magistrate to whom the
application is made that either by payment of part of the said
sum , whether in the shape of instalments or otherwise, or by
the net proceeds of the distress , the amount of the sum so
adjudged has been reduced to such an extent that the unsatis
fied balance, if it had constituted the original amount adjudged
to be paid by the conviction or order, would have subjected the
defendant to a maximum term of imprisonment less than the term
of imprisonment to which he is liable under such conviction or
order, the Magistrate shall, by his warrant of commitment,
revoke the term of imprisonment, and order the defendant to be
imprisoned for a term not exceeding such less maximum term
instead of the term originally mentioned in the conviction or
order. ( XXIV. , LIX .)
Recognisances, d'c.
Security for 49. In all cases punishable on sumimary conviction the Ma
good
behaviour . gistrate may if he shall so think proper and whether the defendant
[No, 10 of shall be convicted or not order the defendant to enter into a
1844 , s. 22. ]
recognisance with two sufficient sureties for his good behaviour
MAGISTRATES . ( 10 of 1890. ] 1199
and in such sum and for such term as the Magistrate shall think
fit so as such sum do not exceed two hundred dollars nor such
term twelve months.
50. The power of a Magistrate upon complaint of any per- Power to bind
son, to adjudge a person to enter into a recognisance and find over to
the peace,, &loc..
exercised
sureties to keep the peace or to be of good behaviour towards onto becomplaint.
such first-mentioned person. ( xxvII .) shall be exercised by an [42 & 43 V.
order upon complaint , ( xxvII. ) and the provisions of this ordi- c. 49, s.25.]
nance shall apply accordingly, and the complainant and defend
ant and witnesses may be called and examined and cross-ex
amined, and the complainant and defendant shall be subject to
costs, as in the case of any other complaint.
The Magistrate may order the defendant, in default of com
pliance with such last mentioned order, to be imprisoned for a
period not exceeding six months.
51. When a person has been committed to prison by a reduc Power to
Magistrate for default in finding sureties, a Magistrate may on securietyor. vary
application ( xxx11. ) made to him in manner directed by the rules [+2 & 13 v.
in the 3rd schedule hereto by such person or by some one act- č. 49, s. 26.]
ing on his behalf, inquire into the case of the person so com
mitted, and if upon new evidence produced to such Magistrate
of proof of aa change of circumstances the Magistrate thinks fit
having regard to all the circumstances of the case, that it is just
so to do, he may reduce theamount for which it is proposed
the sureties or surety should be bound , or dispense with the
sureties or surety, or otherwise deal with the case as he may
think just . ( XXXIII. )
52. When a Magistrate has fixel , as respects any recogni- Recog
sance , the amount in which the principal and the sureties ( if taken out of
any) are to be bound, the recognisance, notwithstanding any- 43Court.
V. c.[12
49, &
thing in this or any past ordinance or statute need not be s. 42. ]
entered into before such Magistrate but may subject to the rules
in the 3rd schedule hereto be entered into by the parties before
another Magistrate or before the Magistrate's clerk or before a
Superintendent or Inspector of Police or other officer of Police
of equal orsuperior rank or where any of the parties is in prison
before the Superintendent thereof and thereupon all the con
sequences of law shall ensue and the provisions of this ordinance
with respect to recognisances taken before a Magistrate shall
apply as if the recognisance had been entered into before a
Magistrate as heretofore by law required .
53. ( 1. ) A person shall give security under this part of the Security how
ordinance, whether as principal or surety, either by the deposit to$4.2be given
asen:.
of money with the Magistrate's clerk or by an oral or written c. 49, s.23 ]
acknowledgment (v. , xxxiv. ) of the undertaking or condition
1200 ( 10 or 1890.) MAGISTRATES .
by which and of the sumn for which he is bound and evidence
of such security may be provided by entry thereof in the register
under this ordinance of the proceedings of the Magistrates.
Recovery of
moneys due ( 2.) Any sum which may become due in pursuance of a
under secu . security under this part of the ordinance from a surety shall be
rity. recoverable summarily in manner directed by this ordinance
with respect to a civil debt on complaint by a constable or by
the Magistrate's clerk or by some other person authorised for
the purpose by a Magistrate.
Enforcing ( 3. ) A Magistrate may enforce payment of any sum due by
payment
against prin a principal in pursuance of a security under this part of the
cipal.
ordinance which appears to him to be forfeited , in like manner
as if that sum were adjudged to be paid as a fine, if the security
was given for a sum adjudged by a conviction ( xLvII .), and
in any other case in like manner as if it were a sum adjudged
to be paid as a civil debt ; provided that before a warrant of
distress for the sum is issued , notice ( vi . ) of the forfeiture shall
be served on the said principal, in manner prescribed by the
rules in the 3rd schedule hereto .
Recovery of
sums paid by ( 4. ) Any suin paid by a surety on behalf of his principal in
surety . respect of a security under this part of the ordinance, together
with all costs , charges and expenses incurred by such surety in
respect of that security, shall be deemed a civil debt due to him
from the principal, and may be recovered before a Magistrate
in manner directed by this ordinance with respect to the recovery
of a civil debt which is recoverable sumimarily.
Enforcing ( 5. ) Where security is given under this part of the ordinance
payment of
money
Becured
for payment of a sum of money, the payment of such sum shall
be enforced by means of such security in substitution for other
means of enforcing such payment.
Enforcing
recognisance 54. ( 1. ) Where a recognisance ( v .) is conditioned for the
for appearance of a person before a Magistrate or for his doing
appearance.
[ 12 & 43 V. some other matter or thing to be done before or by order
c. 49, s. 9. ] of a Magistrate or in a proceeding before a Magistrate, such
Magistrate if the said recognisance appears to him to be
forfeited, may declare the recognisance to be forfeited and enforce
payment of the sun due under such recognisance in the same
manner as if the sum were a fine adjudged by a Magistrate to
be paid and the amount of the same were ascertained by a
conviction (XLVI . ) : provided that at any time before the sale
of goods under a warrant of distress for thesaid sum , a Magistrate
upay cancel or mitigate the forfeiture ( xxxi. ) upon the person
liable applying and giving security (xxxv.) to the satisfaction
of the Magistrate for the future performance of the condition
of the recognisance, and paying or giving security for payment
MAGISTRATES . [ 10 of 1890. ] 1201
of the costs incurred in respect of the forfeiture, or upon such
other conditions as the Magistrate may think just.
( 2. ) Where a recognisance ( XXVIII. ) conditioned to keep the Enforcing
recognisance
peace or to be of good behaviour, or not to do or commit some act to keep the
or thing, has been entered into by any person as principal or pcace,& c.
surety before a Magistrate, any Magistrate upon proof ofthe
conviction of the person bound as principal by such recognisance
of any offence which is in law a breach of the condition of the
same, may by conviction adjudge such recognisance to be for
feited, and adjudge the persons bound thereby, whether as prin
cipal or sureties, or any of such persons, to pay the sums for
which they are respectively bound ( xxix . , XXX . , XLVII . )
( 3. ) All sums paid in respect of a recognisance declared or Application
adjudged by a Magistrate in pursuance of this section to be for- resp
of sums
ect ofin
feited shall be paid to the Magistrate's clerk , and shall be paid forfeited re.
and applied by him in the manner in which fines imposed by cognisances.
such Magistrate, in respect of which fines no special appropria
tion is made, are payable and applicable.
Civil Debts..
55. A civil debt may be recovered on summons (LXI.) and Civildebts
recovery anıl
enforced in the manner bereinafter provided : and the payment costs
of any costs ordered to be paid by the complainant or defendant (+2 and 43 V.
in the case of any such complaint shall be enforced in like č. 49, s.6.]
manner as such civil debt and not otherwise.
56. Any sum of money recoverable summarily as a civil Enforcing
debt within the meaning of this or any future ordinance or in [civildebt.
42 and 43 V.
respect of the recovery of which jurisdiction is given by such c. 49,s. 35.]
ordinance to a Magistrate shall be deemed to be a sum for pay
ment of which a Magistrate has authority by law to make an
order on complaint under this ordinance ( LXII. to Lxix . ) : pro
vided as follows :
( 1.) A warrant shall not be issued for apprehending any
person for failing to appear to answer any such
complaint ; and
( 2. ) An order made by a Magistrate for the payment of
any such civil debt as aforesaid or of any instalment
thereof or for the payment of the costs in the matter
of any such complaint whether ordered to be paid
by the complainant or defendant shall not in default
of distress or otherwise be enforced by imprison
ment unless it be proved to the satisfaction of a
Magistrate that the person making default in pay
ment of such civil debt, instalment or costs either
has or has had since the date of the order, the ineans
1202
[ 10 OF 1890. ] MAGISTRATES .
to pay the sum in respect of which he bas made
default and has refused or neglected or refuses or
neglects to pay the same and in any such case such
Magistrate shall have power to imprison the de
fendant for any period not exceeding three weeks
unless the same be sooner paid.
Proof of the means of the person making default may be
given in such manner as the Magistrate to whom application is
made for commitment to prison thinks just .
Scale of Imprisonment for non -payment of money, fic.
Scale of 57. The period of imprisonment imposed by a Magistrate
for non-pay." exercising summary jurisdiction under this ordinance or under
ment of
money .
any other past or future ordinance or statute in respect of the
[42 and 43 v. non - payment of any sum of money adjudged to be paid by a
c. 49, s. 5. ] conviction, or in respect of the default of a sufficient distress to
satisfy any such sum , shall, notwithstanding any enactment to
the contrary in any past ordinance or statute be such period as
in the opinion of the Magistrate will satisfy the justice of the
case , but shall not exceed in any case the maximum fixed by
the following scale ; that is to say : --
Where the amount of the sum or sums of money The said period
adjudged to be paid by a conviction as shall not
ascertained by the conviction erceed
Does not exceed $ i , Seven days .
Exceeds $ 1 but does not exceed $ 5,.........Fourteen days .
Exceeds $ 5 but does not exceed $ 10 ,.........One month .
Exceeds $ 10 but does not exceed $ 50 , .... Two months .
Exceeds $ 50 but does not exceed $ 150 , ...... Three months .
Exceeds $ 150, .....
>
Six months.
Such imprisonment shall be with or without hard labour in
the discretion of the Magistrate .
Costs.
Power to 58. In all cases of summary conviction or of orders made
award costs by a Magistrate, except as in section 60 provided, it shall be
by distress. lawful for the Magistrate making the same, in his discretion , to
43and 12 ]v . award and order in and by such conviction or order that the
c.11
defendant shull pay to the complainant or prosecutor respectively
such costs as to such Magistrate shall seem just and reasonable
in that behalf but not in any case exceeding five dollars, and in
cases where such Magistrate instead of convicting or making
an order as aforesaid , shall dismiss the complaint or information,
it shall be lawful for him in his discretion in and by his order
of dismissal to award and order that the complainant or pro
MAGISTRATES . [ 10 of 1890.] 1203
secutor respectively shall pay to the defendant such costs as to
such Magistrate shall seem just and reasonable, but not in any
case exceeding five dollars. The sums so allowed for costs
shall in all cases be specified in such conviction or order or
order of dismissal aforesaid , and the same sball be recoverable
in the same manner and under the same warrants as a fine or
a sum of money adjudged to be paid in and by such conviction
or order is to be recoverable and in cases where there is no such
fine or sum to be thereby recovered , then such costs shall be
recoverable by distress and sale of the goods and chattels of the
party, or by imprisonment, with or without hard labour, for any
1
time not exceeding fourteen days, unless such costs shall be
sooner paid .
59. Where any complaint or information shall be dismissed Where prose
with costs, the sum which shall be awarded for costs in the tocutor or lered
pay costs
order for dismissal may be levied by distress on the goods and in default
chattels of the complainant or prosecutor and in default of issue or he
distress or payment such complainant or prosecutor may be may be
committed to prison for any time not exceeding fourteen days, (11 & 12 V.
unless such sum , and all costs and charges of the distress, c. 13, s. 26.]
( the amount thereof being ascertained and stated in such com
mitment ), shall be sooner paid. ( XLIV ., LVIII).
60. Where a fine adjudged by a conviction by a Magistrate fine
Costssmall
whe.
to be paid does not exceed two dollars, then, except so far as [ 12 & 13 V.
the Magistrate may think fit to expressly order otherwise, an c.49,s. 8.]
order shall not be made for payment by the defendant to the
complainant or prosecutor of any costs ; and the Magistrate
shall, except so far as he thinks fit to expressly order otherwise
direct all fees payable or paid by the complainant or prosecutor
to be remitted or repaid to him ; the Magistrate may also order
the fine or any part thereof to be paid to the complainant or
prosecutor in or towards the payment of his costs .
61. All adjudications and certificates under Ordinance No. 3 Adjudica
of 1860 entitled An Ordinance for amending and consolidating the tinde, der
pawn
Law respecting Pawnbrokers shall be held determined and granted brokers
by a Magistrate and enforced according to the provisions ofthis to be enforced
or any amending ordinance relating to summary proceedings summarily.
[ See No. of
notwithstanding anything contained in the said Ürdinance No. 1860, 8. 22.3
3 of 1860.
PART IV.
INDICTABLE OFFENCES.
62. In all cases where a charge or complaint shall be made on
Procedure
informa.
to a Magistrate that any person has committed or is suspected tion being
to have committed any treason, felony or indictable misde- laid.
meanour or other indictable offence over which such Magistrate 2.c 42. s6. 1. ]
1204
( 10 OF 1890. ] MAGISTRATES .
has jurisdiction,then if the accused shall not then be in custody,
it shall be lawful for such l'agistrate to issue his warrant ( 111.)
to apprehend the accused and to cause liim to be brought before
a Magistrate to answer to such charge or complaint and to be
further dealt with according to law : but in all cases it shall be
lawful for the Magistrate to whom such charge or complaint
shall be preferred, if he shall so think fit, instead of issuing his
warrant, in the first instance to apprehend the accused , to issue
his summons ( 1.) directed to the acensed requiring him to
appear before a Magistrate at a time and place to be therein
mentioned ; and if after being served with such summons in
manner hereinafter mentioned he shall fail to appear at such
time and place in obedience to such summons, then and in every
such case any Magistrate may issue his warrant ( 11. ) to
apprehend the accused and cause him to be brought before a
Magistrate to answer to the said charge or complaint and to be
further dealt with according to law : but nothing in this section
contained shall prevent a Magistrate from issuing the warrant
hereinbefore first mentioned at any time before or after the time
mentioned in such summons for the appearance of the accused .
Warrant to
apprehend
63. In all cases of felony or misdemeanour committed on the
for offences High Seas or in Foreign Parts or in any creek, Larbour, haven or
committed
on the high other place within the jurisdiction of ihe Admiralty for which
seas .
( 11 & 12 V.
an information may be preferred by the Attorney General of the
. Colony, it shall be lawful for any Magistrate, if the accused
and see No. 3 shall reside or be or shall be supposed to reside or be within the
of 1865, s. 8.] Colony or the waters thereof to issue his warrant to apprehend
the accused and to cause him to be brought before one of the
Magistrates to answer to the charge and to be further dealt
with according to law .
Warrant to
apprehend
64. Where any information is filed by the Attorney General
where against any person who shall then be at large and whether such
is formati meperson shallbave been bound by recognisance to appear to
filed by
Attorney answer to the same or not, the Registrar upon application of
General and
the accused is
the prosecutor or of any person on his behalf ( if the person
at large. against whom an information has been filed shall not have
(11,8& 12 V. already appeared and pleaded to such information ) shall grant
. 42, s . 3. ]
to him a certificate of such information having been filed ; and
upon production of such certificate to a Magistrate it shall be
lawful for him and he is hereby required to issue his warrant
( 111. ) to apprehend the accused and to cause him to be brouglit
before him to be dealt with according 10 law : and afterwards
if such person be apprehended and brought before aa Magistrate
such Magistrate upon its being proved on oath before him that
the person so apprehended is the same person who is charged
and named in such information shall without further enquiry or
MAGISTRATES . [ 10 of 1890. ) 1205
examination commit him for trial or adunit him to bail in manner
hereinafter mentioned : and if such person against whom an
information is so filed by the Attorney General as aforesaid shall
be confined in prison for any other offence than that charged in
the information at the time of such application and production
of the said certificate to a Magistrate, it shall be lawful for such
Magistrate and he is hereby required upon its being proved
before bim on oath that the accused and the person so confined
in prison are the same person to issue his warrant directed to
the Superintendent of the prison commanding him to detain the
accused in his custody until by a writ of Ilabeas corpus he shall
be removed therefrom for the purpose of being tried upon the
information of the Attorney General or until he shall otherwise
be removed therefrom or discharged out of his custody by due
course of law .
65. In all cases where a charge or complaint for any indictable Information
offence shall be made before a Magistrate, if it be intended to warrant in
issue a warrant in the first instance against the accused , an the first
instance to be
information and complaint thereof in writing on the oath of the in writing
informant or of some witness or witnesses in that behalf shall (and on oath.
11 & 12 V.
be laid before such Magistrate : provided always, that in all C. 42, s. 8. ]
cases where it is intended to issue a summons instead of a
warrant in the first instance, it shall not be necessary that such
information and complaint shall be in writing or be sworn to in
manner aforesaid but in every such case such information and
complaint may be by parol merely and without any oath what
erer to support or substantiate the same : provided also, that
no oljection shall be taken or allowed to any information or
complaint for any alleged defect therein in substance or in form
or for any variance between it and the evidence adduced on the
part of the prosecution before the Magistrate who shall take
the examination of the witnesses in that behalf as hereinafter
mentioned .
66. The provisions with reference to summonses hiereinbefore toProvision as
summonses.
contained in Part III . of this ordinance in relation to offences How served,
punishable summarily shall apply equally mutatis mutandis to &( 11c. & 12 V.
summonses under this part of the ordinance. c. 42, s. 9. ]
67. The provisions with reference to the form of warrants, Provisions as
the direction to be contained therein and the execution thereof to[ 11warrants.
& 12 V.
herein before contained in Part III . of this ordinance in relation c. 42, s. 10.)
to offences punishable summarily shall apply equally mutatis
mutandis to warrants under this part of the ordinance.
68. All warrants to apprehend any person charged with an Warrant to
indictable offence and all search warrants in respeit of similar anprebarch
offences may be granted issued and executed on Sunday or any issuable on
day declared by law to be a dies non as well as any other day Sunday
21 & 22 V.
and at any hour by day or night. c. 42, s. 4.]
1206 [ 10 of 1890.] MAGISTRATES .
Summons or
warrant for
69. If it shall be made to appear to a Magistrate by the oth
witness . of any credible witness that any person is likely to give material
[ 11 & 12 v. evidence on the part of the prosecution and will not voluntarily
c. 42 , s. 16.]
appear at the time and place appointed for the examination of
the witnesses against the accused the Magistrate may enforce
the attendance of such witness in the manner herein before
provided in Part III . of this ordinance for the enforcing the
attendance of a witness under the summary jurisdiction of such
Magistrate; if on the appearance of such witness he shall refuse
to be examined upon oath concerning the matter of the said
information or complaint or shall refuse to take such oath or
having taken such oath shall refuse to answer such questions
concerning the premises as shall then be put to him , a Magistrate
then present may by warrant ( x1 . ) under his hand and seal
commit such person to prison there to reinain and be imprisoned
for any time not exceeding two months unless he shall in the
meantiine consent to be examined and to answer concerning the
premises.
Power to
remand the 70. If upon the hearing of an information or charge for an
accused . indictable offence from the absence of witnesses or from any
( 11 & 12 V. other reasonable cause it shall become necessary or advisable to
c. 42 , s. 21. )
defer the examination or further examination of the witnesses
for any time it shall be lawful to and for the Magistrate before
whom the accused shall appear or be brought up by his warrant
( XII . , LXXVI.) from time to time to remand the accused for such
time as by such Jagistrate in his discretion shall be deemed
reasonable not exceeding eight clear days to prison or some
place of security ; or if the remand be for a time not exceeding
three clear days it shall be lawful for such Magistrate verbally
to order the constable, peace oflicer or other person in whose
custody the accused may then be or any other constable or
person to be named by the said Magistrate in that behalf to
continue and keep the accused in his custody and to bring him
before the same Magistrate at the time appointed for continuing
such examination ; provided always, that such Magistrate may
order the accused to be brought before himself or another
Magistrate at any time before the expiration of the time for
which the accused shall be so remanded , and the gaoler or officer
in whose custoly he shall then be shall duly obey such order :
provided also, that, instead of detaining the accused in custoly
during the period for which he shall be so remanded , a Magistrate
before whom the accused shall so appear or be bronght as
aforesaid may discharge him , upon his entering into a recogni
sance with or without a surety or sureties ( LXXVII. , LXXVII .)
at the discretion of such Magistrate conditioned for bis appearance
at the time and place appointed for the continuance of such
cxamination ; and if the accused shall not afterwards appear at
MAGISTRATES . [ 10 of 1890.) 1207
the time and place mentioned in such recognisance, the Magistrate
then present may upon certifying the non -appearance of the
accused on the said recognisance declare the same forfeited and
proceed to enforce the same in the manner hereinbefore provide 1
for enforcing recognisances in the cases of offences punishable
on summary conviction ; and may forth with issue his warrant
for the apprehension of the accused .
71. The room or building in which a Magistrate shall hear Place where
an information or charge for an indictable offence shall not be examination
taken not an
deemed an open Court for that purpose : and it shall be lawful open Court.
for the Magistrate hearing the case in his discretion to order !c . 142,ands. 12
19.]V.
that no person shall have access to or be or remain in such room
or building without the consent or permission ofsuch Magistrate
if it appear to him that the ends of justice will be best answered
by so doing
72. Upon the hearing of an information or charge for an The hearing.
indictable offence where the accused shall be present at the č.£1142and 12 V
, s. 17.]
hearing, the Magistrate shall before committing the accused to
prison for trial or before admitting him to bail, to take his trial
in the presence of the accused proceed to take evidence for and
on behalf of the prosecutor an i his witnesses in the same manner
( XII.) as herein before provided for the taking of the evidence
of the complainant, informant or prosecutor and his witnesses
on complaints, or on information for offences punishable on
summary conviction, and the accused or his counsel shall be at
liberty to put questions to any witnesses produced against him ,
and further the depositions or evidence of the prosecutor and
his witnesses shall be read over to and signed respectively by
the witnesses , who shall bave been so examined and shall also
be signed by the Magistrate taking the same.
73. After the examination of all the witnesses on the part Depositions to
of the prosecution shall have been completed the Magistrate by be real over
or before whoin such examination shall have been so completed to be cau
as aforesaid, shall if desired by the accused without requiring !tioned.. v.
the attendance of the witnesses , read or cause to be read to the c. 42, s. 18.
No. 6 of 1864,
accused or when necessary cause to be interpreted the deposi 8.5. ]
tions taken against liim and shall say to him these words or
words to the like effect or cause the same to be interpreted to
bim : “ Having heard the evidence, do you wish to say anything
" in answer to the charge ? You are not obliged to say anything
“ unless you desire to do so ,but whatever you say will be taken
“ down in writing and may be given in evidence against you
upon your trial,” and whatever the accused shall then say in
answer thereto shall be taken down in writing, and read over
to him , and shall be signed by the said Magistrate and kept
with the depositions of the witnesses, and shall be transmitted
1208 [ 10 of 1890.] MAGISTRATES .
with them as hereinafter mentioned ( Lxx . ) ; provided always,
that the Magistrate before the accused shall make any statement,
shall state or cause to be interpreted to bim and give him or
cause him clearly to understand that he has nothing to hope
from any promise of favor and nothing to fear from any threat
which way have been holden out to him to induce him to make
any admission or confession of his guilt, but that whatever he
shall then say may be given in evidence against him on his trial ,
notwithstanding such promise or threat: provided nevertheless,
that nothing herein contained shall prevent the prosecutor in
any case from giving in evidence any admission or confession
or other statement of the accused made at any time which by
law would be admissible as evidence against him .
Witnesses for
the .
74. If the accused shall make any such statement or shall be
[30 and 31 v. unwilling so to do the Magistrate hearing the case shall then
c. 35 , s. 3.] demand and require of the accused or his counsel whether he
desires to call any witness or evidence and if he so call or desire
to call any witness or witnesses or evidence such Magistrate
shall in the presence of the accused take such evidence on oath
both examination and cross -examination of the witnesses who
shail be called by the accused or his counsel and who shall know
anything relating to the ficts or circumstances of the case or
anything ten ling to prove the innocence of the accused and
shall put the same into writing and such depositions of such
witnesses shall be read over to and signed respectively by the
witnesses so examined and shall be signed by the Magistrate
taking the same.
Binding over 75. Upon the bearing of an indictable offence as aforesaid it
and witnesses, shall be lawful for the Magistrate to bind by recognisance
[ 11 and
. , s . 12. V. (LXXII .) the prosecutor and his witnesses or any of them to
30 and 31v. appear at the next Criminal Sessions of the Court at which the
c . 33 , s . 33.] acensed is to be iried then and there to prosecute, or to prose
cute and give evidence, or give evidence alone as the case may
be against the accused which sai l recognisance shall particularly
specity the profession art or trade of every such person enter
ing into or acknowledging the same together with his Christian
or other name and surname and such witnesses for the accused
as may be called and examined as aforesaid not being witnesses
as to ile character of the accused merely who shall in the opinion
of the Magistrate give evidence in any way material to the case
or tending to prove the innocence of the accused shall be bound
by recognisance to appear and give evidence at the trial at the
next Criminal Sessions of the Court at which the accused is to
be tried in the same manner as the prosecutor and his witnesses,
and the said recognisance being duly acknowledged by the
person entering into the same shall be subscribed by the
MAGISTRATES . [ 10 of 1890. ] 1209
Magistrate before whom the same shall be acknowledged and
a notice thereof signed by the said Magistrate shall at the same
time be given to the person bound thereby ( LXXIII. ) Provided
always, that if any snch witness for the prosecution or defence
shall refuse to enter into or acknowledge such recognisance as
aforesaid it shall be lawful for such Magistrate by his warrant,
( Lxxiv .) to commit him to prison there to be satély kept until
after the trial of the accused unless in the meantime such
witness shall duly enter into such recognisance as aforesaid
before a Magistrate: provided nevertheless, that if afterwards,
from want of sufficient evidence in that behalf or other cause ,
the Magistrate before whom the accused shall have been brought
shall not commit him or hold him to bail for the offence with
which lie is charged, it shall be lawful for a Magistrate by his
order in that behalf ( 1.XXV. ), to order and direct the Superin
tendent of the prison where such witness shall be so in custoly
to discharge liim from the same, and such Superintendent shall
thereupon forth with discharge him accordingly : provide fuir
ther, that all such recognisances so taken together with the
written information ( if any) or summons, the depositions on
either side and the statemeut of the accused ( if any ) shall be
kept together until the close of the case before the Magistrate
and if the accused be the committed for trial shall be trans
mitted by the said Magistrate or he shall cause the same to be
transmitted to the Registrar.
76. When all the evidence offered upon the part of the pro- Magistrate's
decision,dis
secution against the accused shall have been heard , if the Magis- charge or
trate shall be of opinion that it is not sufficient to put the committal.
accused upon his trial for any indictable offence, such Magis- c5.1.23.23
42 , s )
trate shall forthwith order the accused , if in custody, to be
discharged as to the information then under inquiry ; but if in
the opinion of such Magistrate such evidence is sufficient to put
the accused upon his trial for an indictable offence, or it the
evidence giveni raise a strong or probable presumption of the
guilt of the accused, then such Magistrate shall, by his warrant,
commit him to prison to be there safely kept until he shall be
thence delivered by due course of law , or admit him to bail as
bereinbefore mentioned .
77. If the Magistrate commit the accused to prison for trial, Informing
accused of
he shall inform or cause the accused to be informed thereof in committal.
the words or to the effect following : { English
66
practice. )
" A. B. you stand committed to Gaol until the next Criminal
Sessions of the Supreme Court there to take your trial."'
78. When the depositions in any case sent for trial to the Acensed
entitled
Supreme Court have been completed a copy thereof including cop
contentto
y of
1210 [ 10 or 1890.) MAGISTRATES .
depositions,
&c.
all exhibits and any statements shall as soon as practicable be
( 11 & 12 v. forwarded from tbe Magistrates office to the Crown Solicitor
c. 42, s. 27. ] for the use of the Attorney General and at any time before the
first day of the next Criminal Sessions of the Court at which
any accused committed to prison or admitted to bail is to be
tried , the accused or his counsel inay require and shall be
entitled to have of and from the officer or person having the
custody of the depositions copies thereof together with copies of
any such statement as aforesaid or of any questions and answers
put and taken in pursuance of section 93 of this ordinance, on
which the accused shall have been committed or bailed, on pay
ment of fifteen cents for each folio of 72 words.
PART V.
INDICTABLE OFFENCES TRIABLE SUMMARILY.
Part V. not
to affect Orili .
79. Nothing in this part of this ordinance shall affect the
nance No. 19 powers conferred upon Magistrates by The Protection of Women
of 1889 . and Girls Ordinance, 1889, or any later ordinance substituted
[ Repealed by therefor.
No. 11 of
1890.)
Indictable
offences when
80. Whenever any person is accused before a Magistrate of
to be dealt any indictable offence except the offences specified in the 4th
with schedule hereto, such Magistrate instead of committing the
summarily.
( No. 16 of accused for trial before the Court, may deal with the case and
1875, s. 5.) convict the accused summarily (LXXXII.) and upon conviction
may sentence the accused 10 be imprisoned for any term not
exceeding twelve months with or without hard labour or to pay
a fine not exceeding two hundred dollars.
Suchi Magistrate may also direct that the accused be kept in
solitary confinement for any portion of his term of imprisonment
not exceeding fourteen days at any one time and not exceeding
one month in the whole.
Such Magistrate may nevertheless if he think fit commit any
such accused for trial before the Court.
Provided always, that nothing in this section contained shall
affect the provisions of section 83.
Procedure as 81. Where an indictable offence is triable summarily :
to indictable
offences
triable ( 1. ) The procedure shall, until the Magistrate or Magis
>
summarily. trates assume the power to deal with such offence
[ 12 & 43 V. summarily, be the same in all respects as if the
c. 49, s. 27. ]
ofl'ence were to be dealt with throughout as an
indictable offence, but when and so soon as the
Magistrate or Magistrates assume the power to deal
with such offence summarily, the procedure shall
1211
MAGISTRATES . [ 10 of 1890. )
be the same from and after that period as if the
offence were an offence punishable on summary
conviction and not on information, and the pro
visions of this ordinance relating to offences punish
able on summary conviction shall apply accord
inglyr ; and
( 2. ) The evidence of any witness taken before the Magis
trate or Magistrates shall have assumed the said
power, need not be taken again, but every such
witness shall, if the defendant so require it, be
recalled for the purpose of cross --examination ; and
( 3. ) The conviction ( LXXXIII.) for any such offence shall
be of the same effect as a conviction for the offence
on information before the Court, and the Magistrate
or Magistrates may make the like order for the
restitution of property ( XXVIII.) as might have
been made by the Court before whom the person
convicted would have been tried if he had been tried
on information, and
(4. ) The order of dismissal (LxxxIv
( .) shall be filed by
the Magistrate's clerk in like manner as the convic
tion is hereby required to be filed , and together with
the order of dismissal or the conviction , as the case
may be, there shall be filed by such clerk in each
case the written charge, the depositions of the
witnesses, and the statement, if any, of the accused .
82. In all proceedings before two Magistrates sitting together One Magis
trate may
upon any information and complaint it shall be lawful for one issue
Magistrate to receive such information and complaint, and to summons & c.,
grant a summons or warrant to compel the attendance of any hearingbefore
witnesses, and to do all other necessary acts and matters trates
two Magis
.
preliminary to the hearing, even in cases where by the ordinance ( 11 & 12 v .
or statute in that behalf such intormation and complaint must c.43, s. 29.]
be heard and determined by two Magistrates sitting together,
and after the case shall have been so heard and determined one
Magistrate may issue all warrants of distress or commitment
thereon : provided always, that in all cases where any such
complaint or information is heard and determined by two
Magistrates , or a conviction or order is made by two Magistrates,
such Magistrates must be present and acting together during
the whole of the hearing and determination of the case .
PART VI.
SPECIAL Powers.
83. Where any person is accused of stealing from the person Powers oftwo
or of any offence within the meaning of sections 49, 50 and 51 Magistrates
sitting
1212 [ 10 OF 1890. ] MAGISTRATES .
together. of Ordinance No. 4 of 1865 entitled " An Ordinance to consolidate
[ No. 16 of
1875 , s. 5 No. and amend the enactments in force in this Colony relating to offences
8 of 1889. ] against the person ” it shall be lawful for a Magistrate to hear
the case and convict the accused summarily and to sentence him
to be imprisoned for any term not exceeding one year with or
without hard labour or to commit the accused for trial before
the Court and it shall also be lawful for two Magistrates to sit
together to hear the case and they may if they think fit
summarily convict the accused and sentence him to be imprisoned
for any term not exceeding two years with or without hard
labour, or they may commit the accused for trial before the
Court.
Course where
two Magis 84. If in any case where two Magistrates sit together they
trates are unable to agree in their decision whether the defendant or
disagree.
accused be guilty or not guilty, he shall be committed for trial
before the Court.
Power of 85. Whenever any male offender shall be convicted by a
Magistrates
to impose Magistrate under section 28 of Ordinance No. 7 of 1865 of
whipping. stealing any ornament or other chattel from the person of any
( No. 16 of
1887, s. 2. ] child or woman such Magistrate may in addition tothe punish
ment awarded for such crime direct that such offender be once
or twice privately whipped.
Juvenile
thieves
86. Whenever any male offender, whose age appears to the
bewhipped. Magistrate not to exceed sixteen years, is convicted of larceny,
[ No. 16 of
1875 , s. 8. ] or of any offence which now or at any time hereafter is by law
deemed or declared to be simple larceny or punishable as simple
larceny or any assault occasioning actual bodily harm or any
indecent assault, the convicting Magistrate maysentence him to
be once privately whipped with any number of strokes not
exceeding twelve in lieuof or in addition to any other punish
ment to which such offender is liable.
Amount of 87. Whenever a Magistrate sentences an offender to be
andmodeof whipped,he sentence, specify the number of strokes
shall, in hisnumber
infliction . inflicted
to be shall not , in any case , exceed
and such
[ Ibid. 6. 9.)
thirty -six strokes at any one time, and shall be inflicted with a
rattan on the breech .
Punishment
of the stocks.
88. A Magistrate may sentence any offender to be publicly
[Ibid. B. 10.) exposed in the stocks for any period not exceeding six hours,
iu lieu of the whole or any part of any punishment to which
such offender is liable under this or any other ordinance.
Compensation 89. On the conviction of any person ofany offence by which
may be
awarded in
addition to
injury or loss to person or property shall have accrued , the
punishment. convicting Magistrate may order the offender to pay to the
[ Ibid. 8.11.) person aggrieved, reasonable compensation not exceeding fifty
dollars , in addition to any fine or punishment to which he is
sentenced .
MAGISTRATES. ( 10 of 1890. ] 1213
90. If any person behaves in an insulting manner or uses commit
Power to
any threatening or insulting expression to orconcerning, or in persons using
the presence of a Magistrate, when acting in the discharge of insulting
any magisterial duty , such Magistrate may summarily sentence or in presence
the offender to be imprisoned with or without hard labour for of Magistrate .
any term not exceeding two months, or to pay a fine of any
amount not exceeding fifty dollars : and if such fine be not paid
forthwith , such Magistrate may order that the offender be
imprisoned for any term not exceeding two months with or
without hard labour unless the amount be sooner paid .
91. If it appears to a Magistrate :
( 1.) That any charge or complaintwas maliciously preferred Compen
without reasonable or probable cause, such Magis- penalty for
malicious
trate may, upon the application of the person against prosecution
whom such charge or complaint was made, order false testi or
the complainant to pay to such person reasonable mony; . s.
compensation not exceeding fifty dollars : provided [Ibid.s.17.)
that the award of any such compensation shall be
a bar to any civil proceeding for damages by reason
of such charge or complainthaving been made.
( 2.) That any witness has wilfully given false testimony,
such Magistrate may order such witness to pay a
fine not exceeding fifty dollars .
92. Whenever a Magistrate awards a pecuniary penalty or Imprisor:
amends for any offence under Ordinance No. 14 of 1845 and the non
ment for
-payment
same is not paid forthwith the Magistrate may commit the of fines.
16
offender to prison with or without hard labour for any term not 1875, s. 20.])
exceeding the terms provided by the scale in section 57 hereof.
93. Whenever any person is found by the Police hawking articles Forfeiture
. of
without a licence or committing any offence against Part III. [ No. 8 of
of The Cattle Diseases, Slaughter - Tlouses, and Markets Ordinance, 1889, s.6.]
1887, orany Bye-laws made, or to be made thereunder or causing 1887.
( No. 17
] of
any
ару obstruction by hawking in a public thoroughfare , the Police
are hereby empowered to convey or cause to be conveyed all
the articles being hawked and sold by the offender before a
Magistrate who shall thereupon have power upon conviction of
the offender to order the forfeiture of the said articles or any of
them in addition to or substitution for any other fine or punish
ment which he may by law impose.
94. ( 1.) Whenever any offender is convicted of being found Penalty on
drunkin any public road , street or other public place,whether person.found
a building or not or on any premises licensed under The Spirit c.[3594&, s.3612.)
V
Licences Ordinance, 1886 , a Magistrate may sentence him to a [ No. 21 of
fine not exceeding five dollars and on a second conviction for a 1856.]
1214 MAGISTRATES .
( 10 OF 1890. ]
similar offence within a period of twelve months to a fine not
exceeding ten dollars and on a third or subsequent conviction
within such period of twelve months to a fine not exceeding
fifteen dollars in default of payment of the fine imposed the
person convicted may be imprisoned with or without hard labour
for a term according to the scale provided by section 57 hereof.
( 2. ) And whenever any offender is convicted of riotous or
disorderly behaviour while drunk , in any public road, street or
other public place whethera building ornot , or of being drunk
while in charge of any carriage, chair, vehicle, horse or cattle in
any public road, street or other public place, orof being drunk
when in possession of any loaded firearms, a Magistrate may
sentence such offender to a fine not exceeding twenty -five
dollars or in the discretion of the Magistrate to imprisonment with
or without hard labour for any period not exceeding two
months.
Bail.
Offence not 95. ( 1. ) No Magistrate or Justice of the Peace shall admit
bailable by a
Magistrate. any person to bail for treason or murder, nor shall such person
beadmitted to bail, except by order of a Judge of the Supreme
Court.
Offences ( 2 ). Where a person is charged with felony or with assault
where bail is
discretionary .
Mode of
with intent to commit a felony or with an attempt to commit a
taking bai) . felony or with obtaining or attempting to obtain property by
false pretences or with a misdemeanour in receiving stolen
property or property obtained by false pretences or with perjury
or subornation of perjury or with concealing the birth of a child
by secret burying or otherwise or with wilful or indecent
exposure of the person or with riot or assault upon a Police
officer or constable in the execution of his duty or upon any
person acting in his aid or with an assault in pursuance of a
conspiracy to raise wages, a Magistrate may in his discretion
admit the accused to bail, upon his procuring or producing
such surety or sureties as, in the opinion of such Magistrate,
will be sufficient to ensure the appearance of the accused at the
time and place when and where he is to be tried for such offence
and thereupon the Magistrate shall take the recognisance ( LXXIX ,
LXXX , ) of the accused and his surety or sureties conditioned for
the appearance of the accused at the time and place of trial and
that he will then surrender and take his trial and not depart
the Court without leave .
Offence
( 3 ). Where a person is charged with an indictable misdemean
where accused our other than those mentioned in sub - sections 1 and 2 he
is entitled to
bail. shall be entitled to be adınitted to bail in manner mentioned in
sub -section 2 of this section .
MAGISTRATES . [ 10 of 1890. ] 1215
(4.) It shall be lawful for a Magistrate, in his discretion, Endorsement
upon issuing a warrant for the apprehension of any person for apprehen
charged with a bailable offence to certify on such warrant his sion.
consent to the accused being bailed, and, thereupon, it shall be
lawful for an Inspector of Police or other Police officer of equal
or superior rank to admit the accused to bail, taking his recog
nisance and that of his surety or sureties ( if any ) conditioned
for the appearanceof the accused at the time and place of hear
ing and that he will then surrender and will not depart without
the leave of the Court.
( 5.) In all cases where a person charged with any bailable committal
Bail after
indictable offence shall be committed to prison to take his trial for trial.
for the same, before the Supreme Court it shall be lawful , at any
3
timeafterwards,and before the first day of the Criminal Sessions
at which he is to be tried , or before the day to which such
sessions may be adjourned, for the Magistrate who shall have
signed the warrant for his commitment, in his discretion , to
admit the accused to bail in manner aforesaid ; or if such com
mitting Magistrate shall be of opinion that for any of the offences
in sub-section (2 ) hereinbefore mentioned the accused ought to
be admitted to bail, such Magistrate shall, in such cases , and in
all other cases of misdemeanour's committed for trial before the
Supreme Court, certify, on the warrant of commitment, his
consent to the accused being bailed, stating also the amount of
bail which ought to be required and whether with a surety or
sureties , and it shall be lawful for a Magistrate or his first clerk,
or for a Justice of the Peace attending at or visiting the prison
where the accused shall be in custody, on production of such
certificate, to admit the accused to bail in manner aforesaid .
( 6. ) In all cases where the accused in custody is adınitted to Recog.
bail by a Magistrate other than the Committing Magistrate or pisances to be
by a Justice of the Peace as aforesaid , such Magistrate or Jus- in certain
tice of the Peace sball forthwith transmit the recognisance of cases.
bail to the Committing Magistrate to be transmitted with the
depositions to the Registrar.
( 7. ) Where two Magistrates sit together cither of them may where two
exercise the powers hereinbefore mentioned . Magistrates
sit together.
96. ( 1. ) In all cases where a Magistrate shall adınit to bail Warrant of
any person who shall then be in prison charged with the offence delivera
where nce
for which he shall be so admitted to bail such Magistrate shall accused in
send to or cause to be lodged with the Superintendent of such prison when.
prison a warrant of deliverance ( LXXXII.) under his hand and c.[1142,&s 12 V,
. 24. )
seal requiring the said Superintendent to discharge the person
so admitted to bail , if he be detained for no other offence, and
upon such warrant of deliverance being delivered to or lodged
with such Superintendent he shall forthwith obey the same.
1216 ( 10 of 1890. ) MAGISTRATES .
( 2. ) Where, however, the bail of the person in prison is taken
by the Magistrate's clerk or a Justice of the Peace, in pursuance
of sub -section 5 of section 95, a written certificate signed by
such Magistrate's clerk , or Justice that bail has been duly given ,
shall be a good authority to the Superintendent to discharge
the person so bailed , from custody , forthwith , unless he is also
in custody for some other cause .
Re-hearing.
Review of 97. ( 1. ) It shall be lawful for a Magistrate, upon such
by
decisionale
,
Magistrate. a grounds as he shall , in his discretion deem sufficient, to review
his decision or adjudication within seven clear days from the
date thereof, ( unless in the meantime an application has been
made to state and sign a case under section 99 hereof and such
application is not withdrawn ) and , upon such review , to re -open
and re- hear the case wholly or in part, and to take fresh evidence
and to reverse, vary or confirm the previous decision or adjudi
cation .
Re-hearing
before a
( 2.) Whenever any accused has been committed for trial and
Magistrate. the Attorney General has in pursuance of the 9th section of
[ No. õ of Ordinance No. 2 of 1869 or any other ordinance in that behalf
1850, s. 11. ]
hereafter in force in the Colony remitted the case for further
( No. 2 of investigation or to be dealt with summarily, the committing
1869 , s. 2. ]
Magistrate or Magistrates shall re -open the case and deal with
it in all respects as if the accused had not been committed for
trial and if the case be such that it may be dealt with summarily
by such Magistrate or Magistrates, he or they shall so deal
with it.
Examination of accused by Magistrate..
98. Notwithstanding anything in this ordinance, it shall be
lawful for a Magistrate, in any case in which he may deem it
expedient so to do, to examine an accused person as in this
section provided .
Examination ( 1. ) Upon the investigation or bearing by a Magistrate or
ofacist rede.by Magistrates of any case in which any person is accused of the
Magistrate
(No. 18 of commission ofany criininal offence, the Magistrate or Magistrates
1873, s. 2. )
( Indian Code may, if he or they shall think fit, from time to time at any stage
Act.x , 1872, of the inquiry, and without previously warning the defendant
8. 193.)
or accused, examine him , and put such questions to him as he
or they think necessary. (LXXI.))
Record of ( 2. ) Whenever any defendant or accused is so examined as
tion . examina- aforesaid,
such the whole of such examination including every
[ No. 18 of question put to him and every answer given by him shall , where
1873, s. 3. such defendant or accused shall or is about to be committed for
MAGISTRATES . ( 10 OF 1890. ) 1217
Indian Code,
trial before the Court, be recorded in full and shall be shown Act
X. 8 .
or read to him , and he shall be at liberty to explain or add to
answer
346.)
his . When the whole is made conforrnable to what the
defendant or accused declares is the truth, the record of the
examination shall be attested by the signature ofthe Magistrate
or Magistrates who shall certify under his or their hand that it
was taken in his or their presence and in his or their hearing
and contains accurately the whole of the statement made by the
defendant or accused. The defendant or accused shall sign or
attest by his mark such record, or if he refuse the Magistrate or
Magistrates shall certify the fact of such refusal in writing; and
the record of such examination shall be transmitted to the
Registrar together with the depositions in the case and any
certificate in reference thereto.
( 3. ) The defendant or accused shall not be liable to any Refusal to
punishment for refusing to answer or for answering falsely any punishable.,
questions asked under this section, but the Magistrate or No. 18 of
1873,s.6.
Magistrates shall draw such inference as seems just from such Indian Code
refusal. Act X. s.
343. )
(4. ) The answers given by any defendant or accused as afore- Answers to be
said may be laid before the jury on the trial of such defendant jury.
laidbefore
or accused. ( No. 18 of
1873, s . 7.
Indian Code
Act X. s.
193. )
( 5. ) No influence by means of any promise or threat, or No influence
otherwise shall be used to the defendant or accused to induce to be used.
[ No. 18 of
hiin to disclose or withhold any matter within his knowledge . 1873, s.8.
Indian Code
Act X. s.
344. ]
( 6. ) No oath shall be administered to the defendant or No oath to be
accused . administered .
( No. 18 of
1873, s. 9.
Indian Code
Act X. s .
345. )
PART VII.
APPEALS ON QUESTIONS OF LAW.
99. Within seven clear days after the hearing and determi- Application
nation by a Magistrate or by two Magistrates sitting together tostate a case.
of any information, charge, complaint or other proceeding which 1858, s.2.20
21 V. c. 43,
he or they shall have power to determine in a summary way $.& 2.42 and
by any law now or hereafter in force in the Colony either party s43. 33.V.] c. 49,
thereto or any person aggrieved thereby who desires to question
by way of appeal any conviction, order, determination or other
proceeding as aforesaid on the ground that it is erroneous in
1218 [ 10 OF 1890. ] MAGISTRATES .
point of law , or that it is in excess of jurisdiction may apply in
writiny ( Lxxxv. ) to such Magistrate or Magistrates to state
and sign a case ( LXXXVIII . ) setting forth the facts and the
grounds on which the conviction order or determination was
granted and the grounds on which the proceeding is questioned
for the opinion of the Full Court.
Transmission
of case to
100. The appellant shall within fourteen days after the
Court with delivery of the case to him as hereinafter mentioned transmit
notice to
respondent, such case to the Registrar first giving notice in writing of such
[ No. 4 of appeal and sending with it a copy of the case so state and
1858 , s . 6 .
20 and 21 V. signed to the other party or parties to the proceeding before the
c. 43 , s. 3. ] Magistrate hereinafter referred to as the respondent or respond.
ents .
Amendment 101. After the delivery of a case to the appellant as aforesaid
of case by
Magistrate. but before the case has been set down for argument before the
Full Court it shall be lawful for the Magistrate or Magistrates
upon application by either party and upon notice of such appli
cation to the other party previously given to amend the case
stated and signed by him or them in any way he or they may
think fit.
Setting down
case on four
102. When the case has been transmitted to the Registrar
days' notice. as aforesaid it shall be set down for argument upon the request
( No. 4 of
1858, 8. 6. of either party four clear days at least before the day appointed
Rules of for the argument and shall be heard save as hereinafter provided
Hilary term
1853.] by the Full Court provided always that the party setting down
the case for argument shall give to the opposite party four clear
days' notice of the day appointed therefor.
Power of 103. The Full Court shall have power if they think fit to
Full Court
to send back cause the case stated for their opinion to be sent back to the
case for
amendment , Magistrate or Magistrates for amendment and thereupon the
( No. 4 of same shall be amended accordingly and judgment shall be
1858, s. 7. delivered after the same shall have been amended .
20 and 21 V.
c. 43, s. 7.]
APPEALS ON QUESTIONS OF FACT.
Application
for leave to
104. Within seven clear days after the hearing and deterini.
appeal by nation by a Magistrate or by two Magistrates sitting together
way of re of any information, charge, complaint or other proceeding which
hearing.
he or they have power to determine in a summary way by any
law now or hereafter in force in the Colony either party thereto
or any person aggrieved thereby who desires to question a con
viction order determination or other proceeding as aforesaid on
the ground that it is erroneous in point of fact may apply to
the Magistrate or Magistrates who heard the case for leave to
appeal to the Full Court by way of a re-hearing and if such
leave be granted the Magistrate's clerk shall, subject to the pro
MAGISTRATES . [ 10 of 1890. ] 1219
visions of section 107 , deliver to the appellant a certificate
( LXXXVI. ) to that effect and shall forward the original deposi
tions in the case to the Registrar or if the party or person
desiring to appeal consents thereto the Magistrate or Magis
trates may order the case to be re -heard before him or them
as the case may be.
105. Within ten days from the receipt of such certificate the Within ten
appellant shull file the same with the Registrar together with a to be filed at
motion for a re-hearing before the Full Court setting forth the Court.
shortly the grounds therefor and such motion shall be served
on the respondent or respondents and the Court upon the hear
ing thereof may dismiss the appeal with or without costs or
may grant a re-hearing subject to such terms as to costs or
otherwise as it may think fit.
106. Upon such re-hearing, unless the Full Court shall Procedure on
otherwise order, the case shall be heard and the evidence re -hearing.
taken de novo and the Full Court may in their discretion allow
fresh evidence to be given on such re -hearing : provided that
in a case where the evidence * taken de novo if it shall be proved
that a witness who was examined before the Magistrate is dead
or unable to be present on such re-hearing the Court may in
its discretion admit the deposition of such witness signed by
the Magistrate saving all just exceptions.
APPEALS GENERALLY.
107. The appellant, before a case shall be stated or a certifi- Security by
cate of leave to appeal be delivered to him , shall enter into a appellant
fees.
and
recognisance ( LXXXIX .) before a Magistrate with or without (No.,4s.s.of3 , 4.
sureties and in such sum as to the Magistrate or Magistrates 20 221 1.c.
shall seem meet conditioned to prosecute such appeal without 43, 9.3.]
delay and to pay such costs as may be awarded by the Full
Court : provided always that in the case of an appeal touching
any fine or penalty the amount of the recognisance shall not
be less than the amount of the fine or penalty and a sum to
cover costs , and the appellant if in custody may by order of a
Magistrate be brought up ( xc. ) for the purpose of entering into
such recognisance. The appellant shall moreover at the same
time and before he shall be entitled to have the case or certifi
cate delivered to him pay to the Magistrate's clerk or other
proper officer in respect of the said case, certificate, and recog
nisance, the fees following ( that is to say ):
For the recognisance, $ 2.00
For drawing case and copy thereof for the appellant,
if not exceeding five folios of 72 words each ,... 3.00
Or if the case exceed five folios for every additional
folio, ..... 0.30
For the certificate for leave to appeal , 0.50
1220
[ 10 of 1890. ) MAGISTRATES .
And the appellant if then in custody shall be liberated upon
the recognisance being further conditioned for his submission
to the judgment of the Full Court and for his appearance before
a Magistrate within ten days after the judgment of the Full
Court shall have been given, to abide such judgment unless
the conviction order or determinatio n appealed against be
quashed , set aside or reversed .
Refusal to
state a case 108. If the Magistrate or Magistrates be of opinion that the
or to grant application to state or amend a case or for leave to appeal on a
certificate for question of fact is merely frivolous but not otherwise, he or
leave to
appeal .
[ No. 4 of
they may refuse to state or amend a case or to grant a certifi
1858, s. 5 . cate for leave to appeal, and shall on the request of the party
20 and 21 V. or person applying therefor sign and deliver to him a certificate
c. 43 , s. 4. ]
of such refusal ( LXXXVII . ) upon payment for such certificate of
the sum of fifty cents : provided alsvays, that such Magistrate
or Magistrates shall not refuse to state a case or to grant a
certificate for leave to appeal where the application therefor is
made to bim or them by or under the direction of the Attorney
Genera ).
Compelling 109. Subject as aforesaid if the Magistrate or Magistrates
Magistrate to
state or
amend case
shall refuse to state a case or shall neglect to state a case within
or to grant three weeks from the time when the application therefor was
certificate. granted or shall refuse to amend a case when stated and deliv
[ 4 of 1858, s.
5. 20 and 21 . ered upon the application of either party within the time
V.c. 43 , s. 5.) limited for such amendment, or shall refuse a certificate for
leave to appeal it shall be lawful for the party aggrieved by
such refusal to apply to the Full Court by notice of motion
served upon the Magistrate or Magistrates and upon the other
party supported by an affidavit of the facts for aa rule calling
upon such Magistrate or Magistrates to show cause why such
case should not be stated or amended or such leave to appeal
granted ; and the said Court may make the same absolute or
discharge the same with or without payment of costs by the
Magistrate or Magistrates or either party as may seem just;
and the Magistrate or Magistrates upon being served with such
rule absolute shall state a case or amend the case stated or
grant a certificate for leave to appeal accordingly.
Full Court to
determine 110. The Full Court upon the argument of any case stated
questions on or upon any rehearing may reverse or affirm the decision of the
case or re
hearing. Magistrate or Magistrates or may amend or alter such decision
[ No. 4 of
1858 , s. 7 .
by making any order which such Magistrate or Magistrates
20 and 21 V. would have had power to make in the matter or may remit the
c. 43 , s. 6. ] matter to the Magistrate or Magistrates with the opinion of the
Court thereon or may make such other order in relation to the
matter and make such orders as to costs as to the Court may
seem fit : provided always, that no Magistrate or Magistrates
MAGISTRATES . ( 10 of 1890. ) 1221
who shall state and deliver a case pursuant to this ordinance or
shall grant leave to appeal shall be liable to any costs in respect
of or by reason of such appealagainst his or their determination.
111. After the decision of the Full Court in relation to any Enforcing
determina
appeal under this ordinance the Magistrate or Magistrates shall tions after
have authority to enforce any conviction or order which may appeal.
[ and
s 921 V.
have been affirmed amended or made by such Court as fully 1.243,00
c
and in the same manner as though it were the original decision ofand1858,
see No:
s. 8.4]
of such Magistrate or Magistrates. And no suit or proceeding
whatsoever shall be commenced or had against the Magistrate
or Magistrates for enforcing such conviction or order.
112. After an appeal against any conviction or order as After appeal
aforesaid shall have been decided, if the same shall have been against
conviction or
decided in favour of the respondents, either Magistrate inay tra
order Magis
te may
issue his warrant of distress or commitinent for the execution fra
issue warrants
of such conviction or order as if no such appeal had been ofdistress for
execution of
brought; and if upon any such appeal, the Full Court shall the sime.
order either party to pay costs, such order shall direct such c[. 1143,& s.1227.V ],
costs to be paid to the Registrar to be by him paid over to the
party entitled to the same, and shall state within what time
such costs shall be paid, and if the same shall not be paid within
the time so limited, and the party ordered to pay the same shall
not be bound by any recognisance conditioned to pay such
costs , the Registrar, upon application of the party entitled to
such costs , or of any person on his behalf, and on payment of a
fee of twenty -five cents, shall grant to the party so applying a
certificate that such costs have not been paid ( xcl.); and upon
production of such certificate to any Magistrate it shall be
lawful for him to enforce the payment of such costs by warrant
of distress in magner liereinbefore provided for the enforcing the
payınent of costs under section 58 , and in default of distress
ihe Magistrate may commit the party against whom such war
rant shall have issued in manner hereinbefore mentioned for any
time not exceeding three calendar months, unless the amount
of such costs , and all costs and charges of the distress, and also
the costs of the commitment, if such Magistrate shall think fit
so to order, (the amount thereof being ascertained and stated
in such commitment), shall be sooner paid .
113. Any Judge of the Court shall have power to liberate Power to
upon such terms and conditions as to recognisances or otherwise appella
liberatent
any party or person, upon whose application a case has been when in
stated or who has obtained leave to appeal as aforesaid and who custody.
is in custody or such Judge may order him to be brought up
to the Court in the custody of a Police officer or constable for
the purpose of attending the appeal and any application or
proceeding thereon .
122 : [ 10 or 1890. ] MAGISTRATES .
In absence or 114. In the absence or illness of one of the Judges, the powers
illness of one of the Full Court contained in this part of the ordinance may
of the Judges
the other
Judge may be exercised by one Judge , if he in his discretion thinks fit to
act alone . exercise them .
PART VIII .
PROTECTION OF MAGISTRATES.
Suit against 115. Every suit hereafter to be brought against any Magis
Magistrate
for act within trate for any act done by him in the execution of his duty as
his jurisdic-
tion .
such Magistrate, with respect to any matter within his jurisdic
( 11 & 12 V. tion as such Magistrate, shall be a suit on the case is for a tort;
c. 44,No.s. 1,and and in the petition it shall be expressly alleged that such act
see
1844 , s. 13. ) was done maliciously, and without reasonable and probable
cause ; and if at the trial of any such suit the plaintiff shall fail
to prove such allegation, he shall be nonsuit, or the judginent
or verdict as the case may be shall be for the defendant.
For ari act
116. For any act done by a Magistrate in a inatter over
or in without
done excess which by law he has no jurisdiction, or in which he shall have
of jurisdic- exceeded his jurisdiction, any person injured thereby, or by any
tion.
( 11 & 12 V. act done under any conviction or order made or warrant issued
c . 44, s . 2.) by such Magistrate in any such matter, may maintain a suit
against such Magistrate in the s: ime forin and in the same case
as he might have done before the passing of this ordinance,
without making any allegation in his petition, that the act
complained of was done maliciously and without reasonable and
probable cause : provided nevertheless, that no such snit shall
be brought for any thing done under such conviction or order
until after such conviction shall have been quashed, either upon
appeal to the Fuli Court or upon application to the Court nor
shall any such suit be brought for anything done under any
such warrant which shall have been issued by such Magistrate
to procure the appearance of such party, and which shall have
been followed by a conviction or order in the same matter, until
after such conviction or order shall have been so quashed as
aforesaid ; or if such last -mentioned warrant shall not have been
followed by any such conviction or order, or if it be a warrant
upon an information for an alleged indictable offence, neverthe
less if a summons were issued previously to such warrant, and
such summons were served upon such person , either personally
or by leaving the same for him with some person at his last or
most usual place of abode, and he did not appear according to
the exigency of such summons, in such case no such suit shall
be maintained against such Magistrate for any thing done under
such warrant.
MAGISTRATES . [ 10 of 1890. ) 1223
117. Where a conviction or order shall be made by one Suit to be
Magistrate and a warrant of distress or of commitment shall be convicting
against the
granted thereon by another Magistrate bona fide and without Magistrate
collusion, no suit shall be brought against the Magistrate who 6.14
44, 3.2.7
s ]
so granted such warrant by reason of any defect in such
conviction or order, or for any want of jurisdiction in the
Magistrate who made the same, but the suit (if any ) shall be
brought against the Magistrate who made such conviction or
order.
118. In all cases where a Magistrate shall refuse to do any manner
No suit for
in
act relating to the duties of his office as such Magistrate, it which a
shall be lawful for the party requiring such act to be done to Magistrate
apply to the Full Court upon an affidavit of the facts, for a rule discretion ,
calling upon such Magistrate, and also the party to be affected C.[1144,& s.125. V.]
by such act , to show cause why such act should not be done;
9
and if after due service of such rule good cause shall not be
shown against it, such Court may make the same absolute, with
or without costs, as shall seem meet; and the said Magistrate
upon being served with such rule absolute shall obey the same,
and shall do the act required ; and 10 suitor proceeding
whatsoever shall be commenced or prosecuted against such
Magistrate for baving obeyed such rule, and done such act so
thereby required as aforesaid.
119. In all cases where a warrant of distress or warrant of After appeal
novutifor
commitment shall be granted by a Magistrate upon any convic- any
tion or order which , either before or after the granting of such done under a
warrant
warrant, shall have been or shall be confirmed upon appeal, no upon it,
suit shall be brought against such Magistrate who so granted [i1 & 12.v.
such warrant for any thing which may have been done under č. 44, s. 6. ]
the same by reason of any defect in such conviction or order.
120. In all cases where by this ordinance it is enacted that If suit
no suit shall be brought under particular circumstances, if any prohibited
by this
such suit shall be brought it shall be lawful for a Judge of the brought,
ordinancethebe
Court upon summons taken out by the defendant, and upon an Judge may
affidavit of facts , to set aside the proceedings in such suit, with [set11 it& aside.
12 V.
or without costs, as to bim shall seem meet. c. 43, s. 7. ]
121. No suit shall be brought against any Magistrate for Limitation of
anything done by him in the execution of his office, unless the suit.
( 11 & 12 V.
same be commenced within six calendar months next after the c.44, s.8.]
act complained of shall have been committed .
122. No such suit shall be commenced against any Magistrate Notice of
until oue calendar month at least after a notice in writing of suit
( 11 ,& 12 V.
such intended suit shall have been delivered to him , or left for c. 44, s. 9.]
him at his usual place of abode by the party intending to
commence such suit, or by his solicitor, in which said notice
1224 [ 10 of 1890. ] MAGISTRATES .
the cause of suit shall be clearly and explicitly stated ; and
upon the back thereof shall be endorsed the name and place of
abode of the party so intending to sue, and also the name and
place of abode or of business of the said solicitor, if such notice
have been served by such solicitor.
Tender and
payment of
123. In every such case after notice of suit shall be so given
money into as aforesaid, and before such suit shall be commenced , such
Court. Magistrate to whom such notice shall be given may tender to
( 11 & 12 V.
c . 41 , s. 11. ) the party complaining, or to his solicitor such sum of money as
he inay think fit as amends for the injury complained of in such
notice ; and after such suit shall have been commenced, and at
any time before the suit is placed in the general hearing list ,
such defendant, if he have not made such tender, or in addition
to such tender, shall be at liberty to pay into Court such sum
of money as he may think fit, and which said tender and payınent
of money into Court, or either of them ,may afterwards be given
in evidence by the defendant at the trial ; and if the Judge or
jury at the trial (as the case may be ) shall be of opinion that
the plaintiff is not entitled to damages beyond the sum so
tendered or paid into Court, then he or they shall give judgment
or a verdict for the defendant, and the plaintiff shall not be at
liberty to elect to be non -suit, and the sum of money, if any, so
paid into Court, « r so much thereof as shall be sufficient to pay
or satisfy the defendant's costs in that behalt, shall thereupon
be paid out of Court to him , and the residue ( if any ) to the
plaintiff'; or if, where money is so paid into Court in any such
suit, the plaintiff shall elect to accept the same in satisfaction
of bis damages in the sail suit, he may obtain froin any Judge
of the Court in which such suit shall be brought an order that
such money shall be paid out of Court to him with or without
costs in the discretion of the Judge, and thereupon the said suit
shall be determined , and such order shall be a bar to any other
suit for the silme cause .
Non -suit or
judgment or
124. If at the trial of any such snit the plaintiff shall not
verdict for prove that such suit was brought within the time hiereinbefore
defendant in limited in that behalf, or that such notice as aforesaid was given
certain cases.
( 11 & 12 V. one calendar month before such suit was comenced, or if he
c. 44 , s. 12. ] shall not prove the cause of suit stated in such notice, then an !!
in every such case, such plaintiff shall be non-suit, or there
shall be aa verdict and judgment for the defendant.
Damages.
( 11 & 12 V.
125. In all cases where the plaintiff in any such suit shall
č. 44 , s. 13.) be entitled to recover, and he shall prove the levying or payment
ofany fine or sum of money under any conviction or order as
part of the damages he seeks to recover, or if he prove that he
was imprisoned under such conviction or order, and shall seek
to recover damages for any such imprisonment, he shall not be
MAGISTRATES. [ 10 of 1890. ] 1225
entitled to recover the amount of such fine or sum so levied or
paid, or any sum beyond the sum of five cents as damages for
such imprisonment, or any costs of suit whatsoever, if it shall
be proved that he was actually guilty of the offence of which
he was so convicted , or that he was liable by law to pay the
sum he was so ordered to pay , and (with respect to such
imprisonment) that he had undergone no greater punishment
than that assigned by law for the offence of which he was so
convicted, or for non -payment of the sum he was so ordered to
pay.
PART IX.
PROVISIONS AS TO RULES, REGULATIONS, FEES, & c.
126. The rules in the 3rd schedule hereto shall be observed Rules.
in carrying into effect this ordinance.
127. It shall be lawful for the Governor in Council to make Costs and
regulations as to the fees to be taken , if any, at the Magistrates' fecs.
Court in respect of any proceedings or of the issuing, service or
execution of any process, or otherwise, and as to the costs, if
any , to be allowed for the attendance of witnesses or for legal
assistance or otherwise and to fix a scale of such fees and costs
and by regulation to exempt in any particular class of cases,
from the payment of such fees and costs or either. It shall also
be lawful for the Governor in Council, frem time to time, to
alter , add to , amend or revoke such regulations or scale and to
make new regulations and scales. Such regulations and scales
shall be published in the Gazette and shall thereupon come into
force on such day as may be therein declared .
A table of the fees and costs in force for the time being shall Table of
be hung up in some conspicuous part ofthe Magistrates' Court. fees.
It shall be lawful for any Magistrate to refuse to do any act for
which any fee shall be payable unless such fee shall be first Recovery of
paid : and if any such act be done and the fee due thereon be fees.
not paid it shall be lawful for any Magistrate to suminon the
person from whom such fee shall be due and to recover the
same by warrant and distress in manner hereinbefore provided
for the recovery of fires and penalties.
PART X.
COMING INTO OPERATION OF ORDINANCE .
128. This ordinance shall conie into force on the 1st day of nance
When shall
ordi
January, 1891. come into
operation,
1226 [ 10 of 1890. ] MAGISTRATES.
SCHEDULES.
[ Repeals.) First Schedule- (Sec. 3. )
*
*
*
*
Second Schedule.
Note.— These forms may be varied or added to as circumstances may require
provided such variations are not inconsistent with the requirements
of this ordinance.
PART 1. - FORMS FOR SUMMARY OFFENCES.
FORM I.
Summons to the defendant upon an information or
complaint.- ( Secs. 10, 62.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
1
TO A.B., labourer.
Information having this day been laid (or complaint having this day been
made or whereas you have this day been charged) before the undersigned, a
Magistrate of the said Colony for that you (here state shortly the matter
of the information , complaint or charge): These are therefore to command
you in Her Majesty's name to be and appear on at
o'clock in the forenoon , at the said Police Court, before such
one of the Magistrates as may then be there to answer to the said information
(or complaint or unto the said charge) and to be further dealt with according
to law.
Dated this day of 18
[ Seal.]
( Signed ),
A Magistrate in and for the
Colony of Hongkong.
FORM II .
Warrant when summons is disobeyed.— (Secs. 11 , 62.)
IN THE POLICE Court at VictoRIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables of the said Colony.
On the day of last , information was laid,
(or complaint was made, or A.B. was charged ) before the undersigned a
Magistrate of the said Colony that A.B. (or he the said A.B.) ( as in the
summons ) .
1227
MAGISTRATES. [ 10 of 1890.)
And a summons was then issued by me unto the said A.B., commanding
him in Her Majesty's name to be and appear on the day of
18 , at o'clock in the forenoon, at the Police Court
before snch Magistrate as might then be there to answer the said information
(or complaint or charge) and to be further dealt with according to law :
And the said A.B. having neglected to be or appear at the time and place
so appointed in and by the said summons, although it bath been proved to
me upon oath (or declaration) that the said summons hath been duly served
upon the said A.B .:
These are therefore to command you , in Her Majesty's name, forth with to
apprehend the said A.B. and to bring him before me, or such Magistrate as
may then be sitting to answer to the said information (or complaint or unto
the said charge ), and to be further dealt with according to law .
Dated this day of 18
[ Seal.]
(Signed ),
A Magistrate, & c.
FORM III.
Warrant in the first instance.- (Secs. 11 , 62, 64. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables of the said Colony.
Information having this day been laid (or A.B. having this day been
charged ) before the undersigned, a Magistrate of the said Colony for that
A.B. ( or he the said A.B. ) (here state shortly the matter of information or
charge ); and oath (or declaration ) being now made before me substantiating
thematter of such information (or charge ).
These are therefore to command you in Her Majesty's name forthwith to
apprebend the said A.B. and to bring him before one of the Magistrates of
the said Colony to answer to the said information (or charge ) and to be
further dealt with according to law .
Dated this day of 18
[ Seal.]
( Signed ),
A Magistrate , & c.
Note .— When the offence is committed on the High Seas, or in Foreign
Parts, the warrant should describe the party injured to have been at the time
of the offence " in the peace of the Queen ."
FORM IV .
Warrant of committal for safe custody during an adjournment
of the hearing.–( Sec. 16.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
To each and all of the Constables of the said Colony and to the Superin
tendent of Victoria Gaol, Hongkong, aforesaid ,
1228 [ 10 of 1890.] MAGISTRATES.
On the last past, information was laid (or complaint made or A.B.
was charged) before the undersigned, a Magistrate of the said Colony for
that ( or as in summons), and the bearing of the same having been adjourned
to the day of instant, at o'clock in the
forenoon, it is necessary that the said A.B. should in the meantime be kept
in safe custody.
These are therefore, to command you the said Constables, in Her Majesty's
name, forth with to convey the said A.B. to the said Victoria Gaol, and there
to deliver him to the Superintendent thereof, with this precept ; and yoll,
the said Superintendent, to receive the said A.B. into your custody in the
said Gaol, and there safely keep him until the day of
instant, when you are hereby required to convey and have bim at the time
and place to which the said hearing is so adjourned as aforesaid , at
o'clock in the noon of the same day before me, or before such Magis
trate as may then be there to answer further to the said information or
complaint or charge) and to be further dealt with according to law, unless
you shall be otherwise ordered in the meantime.
Dated this day of 18
[ Seal.]
( Signed ), >
A Magistrate, &c.
FORM V.
Recognisance conditioned for appearance or for doing some other
thing.- [Secs. 14 , 16, 18, 25, 27, 31 (2), 53 (1), 54 (1 ).]
IN TIIE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG .
The day of 18
We the undersigned of of and
of severally acknowledge ourselves to owe to our Sovereign
as
Lady the Queen the several sums following, namely, the said
principal the sum of and the said and as
suret the sum of each , to be levied on our several goods, lands,
and tenements if the said fails in the condition hereon indorsed.
Signed (where not taken orally ) .
A. B.
C. D.
E. F.
Taken (orally ) before me the day of 18
[ Seal.]
(Signed ),
A Magistrate in and for the
Colony of Hongkong,
or
Magistrate's clerk ,
or
Superintendent of the Police,
or as the case may be.
MAGISTRATES . [ 10 of 1890.] 1229
ConditioX INDORSED,
The condition of the within -written recognisance is such that if the within
bounden appears before such Magistrate of the Colony of Hongkong
as may then be sitting at the said Police Court on the day
of , at the hour of in the noon , to answer ( further)
to the charge: made against him by and to be ( further) dealt with
according to law (or appears before such Magistrate as may then be sitting
at for sentence when called up on (or as the case may be) then the said
recognisance shall be void but otherwise shall remain in full force.
NOTE. - Where the recognisance is taken orally omit the words " the
undersigned " and insert the word “ orally " after “ taken."
FORM VI .
Notice of such recognisance to be giren to the defendant
and his surety.- [ Sec. 53 (3) .]
IN THE POLICE COURT AT VictoRIA IN TIIE COLONY
OF HONGKOXG .
• Take notice that you A.B. have undertaken in the sum of
and you L.M. in the sum of tbat you A.B. appear personally on the
day of 18 at o'clock in the forenoon at the said Police
Court before such Magistrate as shall then be there to answer further to a
certain information (or complaint) of C.D. , the further hearing of which was
adjourned to the said time and place (or as may be) and unless you appear
accordingly, the recoguisance entered into by you A.B. and by L.M. as your
surety, will be forthwith enforced against you .
Dated this day of 13
[Scal.]
( Signel),
A Magistrate, & e .
FORM VII.
Certificate of forfeiture to be endorsed on recognisance.
(Secs. 14, 16, 18, 25. )
The within named A.B. not having appeared ( or as the case may be ) at
the time and place in the said condition mentioned, it is hereby certified that
the within written recognisance is forfeited .
[ Seal.]
( Signed ),
A Magistrate, & c .
FORM VIII.
Summons of a witness.- (Secs. 17, 66.)
Ix Tue Police COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To E.F. ( address and description ).
Information having been laid (or complaint made or A.B. having been
charged ) before the undersignol, a Magistrate of the said Colony, for that
1 230 MAGISTRATES.
(10 or 1890.)
( as in summons to defendant ); and it having been made to appear to me
( upon oath or declaration) that you are likely to give material evidence on
behalf of the (prosecutor, complainant or defendant or accused ) in this
behalf :
These are therefore to require you to be and appear on the
day of instant, at o'clock in the forenoon, at this Police Court
before such Magistrate as may then be here, to testify what you shall know
concerning the matter of the said information (or complaint or charge ).
Dated this day of 18
[ Seal.]
( Signed),
A Magistrate, &c.
Note.— The time of service of the Summons is to be endorsed thereon.
FORM IX .
Warrant where a witness has not obeyed a summons.
(Secs. 17, 69.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables and peace officers of the said Colony.
Information having been laid ( or complaint made or A.B. having been
charged ) before the undersigned, a Magistrate of the said Colony, for that
(as in the summons to defendant ) and it having been
made to appear to me upon oath (or declaration ) that E.F. of (address and
description ) was likely to give material evidence on behalf of the prosecutor,
complainant or defendant or accused ) a summons was duly issued by me to
the said E.F. requiring him to be and appear on the day of 18
at o'clock in the noon , at the said Police Court before such Magistrate
as might then be there, to testify what he should know concerning the said
A.B. or the matter of the said information (or complaint or charge ). And
proof having this day been made before me upon oath ( or declaration ) of such
summons having been duly served upon the said E.F. and of a reasonable
sum having been tendered to him for bis costs and expenses in that behalf
And the said E.F. baving neglected to appear at the time and place appointed
by the said summons, and no just excuse having been offered for such
neglect :
These are therefore to command you to take the said E.F. and to bring and
bave him on the day of 18 at
o'clock in the noon , at the Court aforesaid , before such Magistrate
as may then be here, to testify what he shall know concerning the matter of
the said information (or complaint or charge).
Dated this day of 18 .
[Seal .]
( Signet),
A Magistrate, & c.
MAGISTRATES . ( 10 of 1890. ] 1231
FORM X.
Warrant for a witness in the 1st instance, - (Sec. 17.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables and peace officers of the said Colony.
Information having been laid (or complaint made or A.B. having been
charged ) before the undersigned , a Magistrate of the said Colony, for that
( & c., as in the summons or information ); and it being made to appear before
me upon oath (or declaration ) that E.F. of ( labourer ) is likely to give material
evidence on behalf of the (prosecutor, complainant or defendant or accused )
in this matter, and it is probable that the said E.F. will not attend to give
evidence without being compelled to do so : these are therefore to command
you to bring and have the said E.F. before me on the day of
next at o'clock in the noon at the said Police Court, or before such
Magistrate as may then be here, to testify what he shall know concerning
the matter of the said information ( or complaint or charge ).
Dated this day of 18
[ Seal .]
(Signed )
A Magistrate, & c .
FORM XI .
Commitment of a witness refusing to be sworn or to give
evidence.— (Secs. 17 & 69. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG .
To each and all of the Constables and peace officers of the said Colony and
to the Superintendent of the Victoria Gaol, Hongkong, aforesaid.
Information having been laid (or complaint madle or A.B. having been
charged ) before the undersigned a Magistrate of the said Colony for that
( & c., us in the summons or information ); and one E.F. now appearing before
me such Magistrate as aforesaid on the day of 18
at this Police Court, and being required by me to make oath (or declaration )
as a witness in that behalf now refuses so to do (or being now here duly
sworn as a witness in the matter of the said information or complaint or
charge refuses to answer certain questions) without offering any just excuse
for such his refusal: these are therefore to command you the said Constables
and peace officers to take the said E.F. and him safely convey to the said
Victoria Gaol, and there deliver him to the said Superintendent thereof,
together with this precept, and you the said Superintendent of the said Gaol
to receive the said E.F. into your custody in the said Gaol, and there imprison
the
him for such his contempt for the space of days unless he shall in
meantime consent to be examined and to answer concerning the premises ;
for your so doing this shall be your sufficient warrant.
Dated this day of 18 .
[ Seal .]
( Signed ),
A Magistrate, &c .
1232 ( 10 of 1890.] MAGISTRATES.
FORM XII .
Warrant to remand a defendant when apprehended .— (Secs. 14 & 70.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HoxGKONG .
To each and all of the Constables and peace officers of the said Colony and
to the Superintendent of the Victoria Gaol, Ilong kong, aforesaid .
Information baving been laid (or complaint made or A.B. having been
charged) before the undersigued, a Magistrate of the said Colony for that
( & c., as in summons or warrant) : and the said A.B. being now brought
before me as such Magistrate as aforesaid under and by virtue of a warrant
upon such information ( or complaint or charge ): these are therefore to
command you the said Constables and peace officers in Her Majesty's name,
forthwith to convey the said A.B. to the said Gaol and there to deliver him
to the said Superintendent thereof, together with this precept: and you the
said Superintendent to receive the said A.B. into your custody in the said
Gaol, and there safely keep him until next, the day of
instant, when you are hereby commanded to convey and have him
at the said Police Court at o'clock in the noon of the same day
before such Magistrate as may then be there, to answer to the said information
(or complaint), and to be furtber dealt with according to law .
Dated this day of 18
[ Seal.]
( Signed ),
A Magistrate, & c .
FORM XIII .
Minute and depositions of witnesses.- (Sees. 29 & 72) .
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF IIONGKONG .
Regina (on the complaint or information of ) rersus
A.B., & c.
Before (J. P., Esquire,) a Magistrate of the said Colony, sitting at
the examination of C.D. of
(merchant), and E.F. of ( coolie ), taken on (oathi
or declaration ) this day of 18 at the said Police Court before
the undersigned a Magistrate of the said Colony in the presence and hearing
of A.B. against whom complaint is made or information laid or who is
charged ) by ( name of complainant or prosecutor, & c.) this day before (me ),
for that he the said A.B. on (&c ., describing the
offence as in the summons, information or warrant of commitment;.
MAGISTRATES . [ 10 of 1890. ] 1233
This deponent C.D. on his oath ), saith as follows ; ( Sc., stating the depo
sition of the witness as nearly as possible in the words he uses . When his
deposition is complete if an indictable offence let him sign it) .
And this deponent E.F. upon his ( cash or declaration ) saith as follows ;
(& c.)
The above depositions of C.D. and E.F. were taken and (sworn ) before
me at 9 on the day and year first above mentioned .
[ Seal.]
(Signed ),
A Magistrate, & c .
Note.- Where a fine is inflicted a memorandum of penalties paid into Court
shall be added .
FORM XIV .
Conviction for a fine, fc. to be leried by distress, und, in defunlt of
sufficient distress, imprisonment.— (Sec. 23.)
IN TIE POLICE COURT AT VictoRIA IN THE COLONY
OF Hongkong .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. (hereinafter called the defendant) is this day convicted before the
said Court for that he the defendant, ( & c., stating the offence and the time,
and place when and where committed ); and it is adjudged that the defend
ant for his said offence do forfeit and pay the sum of ( stating the fine, and
also the compensation, if any ) to be paid and applied according to law , and
also do pay to the said C.D., the sum of for his costs in this behalf ;
and if the said several sums be not paid forth with ( or on or before
next), * it is further ordered that the same be levied by distress and sale of
the defendant's goods and chattels, and in default of sufficient distress, * it is
adjudged that the defendant be imprisoned in the Victoria Gaol in the said
Colony, ( there to be kept to hard labour) for the space of > unless the
said several suins, and all costs and charges of the said distress (and of the
commitment and conveying of the defendant to the said gaol), shall be
sooner paid .
[ Seal.]
(Signed ),
A Magistrate, & c.
Or where the issuing of a distress warrant would be ruinous to the
defendant or his family or it appears that he has no goods whereon to levy
a distress or wherever in the opinion of the Magistrate it is inerpedient to
issue such warrant of distress then instead of the words between the
asterisks, say, “ then, inasmuch as it hath now been made to appear to
me ( that the issuing of a warrant of distress in this behalf would be ruinous
to the defendant and his family, " or, “ that the defendant hath no goods or
chattels whereon to levy the said suns by distress ” or “ then inasmuch as I
deem it inexpedient to issue such warrant of distress ” ).
1234 ( 10 OF 1890. ] MAGISTRATES .
FORM XV .
Conviction for fine, to be levied by distress, and in default of
sufficient distress, imprisonment. Payment forthwith
or by a given day or by instalments.— (Sec. 33.)
IN THE POLICE COURT AT VICTORIA IN THE COLOXY
OF IIONG KONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
)
Police Court .
The day of 18
A.B. (hereinafter called the defendant) is this day convicted before this
Court for that he on the day of 18 at ( place )
>
(offence charged ).
And it is ad judged that the defendant do for his said offence forfeit and
pay to the Magistrato's clerk ( or other the person to whom payment is to be
made ) at the sum of ( amount of fine ), and do also pay to
the said C. D. the sum of for compensation (if awarded )
und for costs (or without costs ).
And it is ordered that the said sums be paid forthwith ( or on the
day of 18 or by instalments of for every
days, the first instalment to be paid forth with or on the day of
18 ).
And if default is made in payment according to this adjudication and order,
it is orilered that the sum due thereunder be levied by distress aud sale of
the defendant's goods.
And in default of sufficient distress it is adjudged that the defendant be
imprisoned in the Victoria Gaol in the said Colony, there to be kept to hard
labour (if so adjudged ) for the space of unless the said sum ,
and all costs and charges of the said distress be sooner paid.
[ Seal.]
( Signed ),
A Magistrate, &c.
* Where the fine does not exceed $2, omit the direction to pay costs, and
insert the words “ without costs,"' unless costs are expressly ordered.
FORM XVI.
Conviction for a fine and in default of payment,
imprisonment.— (Sec. 39.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. (hereinafter called the defendant) is this day convicted before the
undersigned a Magistrate of the said Colony for that he the defendant (&c.,
stating the offence, and the time and place when and where it was commit
ted ), and it is adjudged that the defendant for his said offence do forfeit and
pay sum of ( stating the fine and the compensation, if any ), to
be paid and applied according to law , and also to pay to the said C.D. the
sum of for his costs in this behalf ; and if the said several
MAGISTRATES . [ 10 of 1890.) 1235
sums be not paid forthwith (or on or before next) it is further
adjudged that the defendant be imprisoned in the Victoria Gaol in this
Colony (and there to be kept to hard labour if so ordered ) for the space of
, unless the said several sums be sooner paid.
[ Seal. ]
( Signed),
A Magistrate, & c.
FORM XVII .
Conriction for fine, and in default of payment, imprisonment, payment
forthwith, or by a given day, or by instalments.— (Sec. 35.)
IN THE POLICE Court At VICTORIA IN THE COLONY
OF HONGKONG .
Before J. P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. (hereinafter called the defendant) is this day convicted before this
Court for that he, on the day of 18 , at (place)
( offence charged ).
And it is adjudged that the defendant do for his said offence forfeit and
pay to the Magistrate's clerk ( or other the person to whom payment is to be
made) at the sum of ( umount of tine ), and do also pay 10 the said
the sum of for compensation ( if awarded ) and
for costs ( or without costs ) . ( Where the fine does not exceed
$2 omit the direction to pay costs, and insert the words “ without costs, "
unless costs are expressly ordered) .
And it is ordered that the said sums be paid forth with (or on the
day of 18 > or by instalments of for every
days, the first instalment to be paid forthwith or on the day of
18
And if default is made in payment according to this adjudication and order,
it is adjudged that the defendant be imprisoned in the Victoria Gaol, Hong
kong aforesaid , there to be kept to bard labour ( if so aajudged ) for the space
of unless the said sums be sooner paid.
[ Seal. ]
( Signed ), 9
A Magistrate, & c .
FORM XVIII.
Conviction when the punishment is by imprisonment, costs, &c.—(Sec. 35. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J. P., Esquire, a Magistrate of the said Colony.
The day of 18
A.B. ( hereinafter called the defendant) is this day convicted for that he
the defendant &c., (stating the offenre, and the time and placewhen and
where committed ), and it is adjudged that the defendant for his said offence
be imprisoned in the Victoria Gaol, Hongkong aforesaid (aud there kept to
1236 [ 10 of 1890. ] MAGISTRATES .
hard labour) for the space of and it is also adjudged that the de.
fendant do pay to the said C.D. the sum of for his costs in this
behalf, and if the said sum for costs be not paid forthwith ( or on or before
next) * then it is ordered that the said sum be levied by
distress and sale of the goods and
毒
chattels of the defendant and in default of
sufficient distress in that behalf * it is adjudged that the defendant be impri
soned in the saiul Gaol (and there kept to hard labour) for the space of
to commence at and from the termination of his imprisonment aforesaid unless
the said sumn for costs shall be sooner paid .
[ Seal. ]
( Signed ),
A Magistrate, & c.
* Or where the issuing of a distress warrant would be ruinous to the de
fendant or his family or it appears that he has no goods whereon to levy a
distress then instead of the words betucen the asterisks say, “ inas .
much as it hath now been made to appear to nie ( that the issuing of a warrant
of distress in this behalf would be ruinous to the defendant and his family "
or “ that the defendant hath no goods or chattels whereon to levy the said
sum for costs by distress )".
FORM XIX.
Conviction where punishment is by imprisonment. - No costs.
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG ,
Before J. P. , Esquire, a Magistrate of the said Colony, sitting at the said
Police Court .
The day of 18
A.B. (hereinafter called the defendant) is this day convicted before this
Court for that he on the day of 18 , at ( place
and offence charged ).
And it is adjudged that the defendant be for his said offence imprisoned in
Her Majesty's prison at ( there to be kept to hard labour) for
the space of
[ Seal. ]
( Signed ),
A Magistrate, & c.
FORM XX.
Conviction or order where security is to be given for payment.- (Sec. 35.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKOKG .
(Proceed as in ordinary conviction or order down to direction as to time
of payment inclusire, and then, instead of inserting any direction as to
distress or imprisonment, proceeds as follows):
And it is ordered that be at liberty to give to the satis.
faction of a Magistrate ( or such person as may be named) security in the
sum of with two sureties (or one surety ) in the sum
of (each ) for the payment of the said sums as above directed .
[ Seal. ]
( Signed),
A Magistrate, & c .
MAGISTRATES . [ 10 OF 1890. ] 1237
FORM XXI.
Conviction where person convicted is discharged conditionally on
giving security to appear or to be of good
behariour. [ Sec. 31 (2) . ]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG
Before J.P., Esquire, a Magistrate of the said Colony, sitting at
The day of 18
A.B. (hereinafter called the defendant) is at
this day convicted before me for
that he on the day of ( state offence ) :
But being of opinion that the said offence was of so trifling a nature that
it is inexpedient to inflict any punishment (or any other than a nominal
punishment ), and the defendant having given security to my satisfaction (or
to the satisfaction of J.P. , Esquire, a Magistrate & c.) to appear for sentence
when called upon ( or to be of good behaviour ), he is discharged :
And it is ordered that the defendant pay to the said
for damages and for costs ( if so ordered ) forthwith (or on or before
the day of or by instalments of for every
days, the first instalment to be paid on or before the day of
next ).
And if default is made ( proceed as in conviction to be levied by Ilistress ).
[ Seal.]
( Signed ),
A Magistrate, & c .
FORM XXII.
Order for payment of money, and in default of payment,
imprisonment.-( Sec. 23. )
IS THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
A.B. having made complaint that C.D. (hereinafter called the defendant)
( stating the facts entitling the complainant to the order, with the time and
place when and where they occurred ), and the parties aforesaid having
appeared before me the said Magistrate (or the said A.B. having appeared
before me the said Magistrate, but the defendant although duly called, doth
not appear by himself, or his counsel and it being now satisfactorily proved
to me on (oath or declaration) that the defendant has been duly served with
the summons in this behalf, which required him to be and appear here on
this day before such Magistrate as should now be here, to answer the said
complaint and to be further dealt with according to law) ; and now , having
heard the matter of the said complaint, it is adjudged that the defendant do
pay to the said A.B. the sum of forth with , or on before
next, (or as the statute or ordinance may require ), and also do
pay the said A.B. the sum of for his costs in this behalf, and if
the said several sums be not paid forthwith (or on or before next),
it is adjudged that the defendant be imprisoned in the Victoria Gaol in the
said Colony (there to be kept to hard labour) for the space of
unless the said several sums shall be sooner paid .
[ Seal . ]
( Signel),
A Magistrate, & c .
1238 [ 10 of 1890.] MAGISTRATES .
FORM XXIII .
Order for payment of money to be levied by distress, and in
default of distress, imprisonment.- (Sec. 23. )
In The Police CourT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
A.B. having made complaint that C.D. (hereinafter called the defendant),
(stating the facts entitling the complainant to the order, with the time and
plare when and where they occurred ) ; and the parties aforesaid having
appeared (or the said A.B. having appeared, but thedefendant although duly
called hath not appeared by himself,or counsel ), and it being now satisfactorily
proved on (oath ) that the defendanthas been duly served with the summons
in this behalf which required him to be and appear bere at this day before such
Magistrate of the said Colony as should now be here, to answer the said
complaint, and to be further dealt with according to law, and now, having
beard the matter of the said complaint, it is adjudged that the defendant (do
pay to the said A.B. the sum of forth with , or, on or before
next, (or as the statute or ordinance may require), and also do pay
to the said A.B. the sum of for his costs in this behalf, and
if the said several sums be not paid forth with (or on or before
next ), * it is hereby ordered that the same be levied by distress and sale of
the defendant's gooils and chattels and in default of sufficient distress in that
behalf * it is adjudged that the defendant be imprisoned in the Victoria Gaol ,
in the said Colony, and there kept to hard labour for the space of
unless the said several sums and all costs and charges of the said distress
shall be sooner paid.
Or
when the issuing of a distress warrant would be ruinous to the
defendant or his fimily , or it appears that he has no goods whereon to lery * *
a distress then instead of the words between the asterisks,
say, “ then inasmuch as it hath now been made to appear to me that the
issuing of a warrant of distress would be ruinous to the defendant and his
family ” or “ that the defendant bath no goods or chatiels whereon to levy the
said sums by distress. ”
[ Seal.]
( Signed ),
A Magistrate , & c.
FORM XXIV .
Order for any matter (other than the payment of a Civil Debt)
where Disobedience to the Order is punishable by
Imprisonment.- (Sec. 48. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. having made a complaint that C.D. (hereinafter called the defendant)
on the day of at ( state the facts entitling
the complainant to the order ), and the defendant having appeared (or the
MAGISTRATES . [ 10 of 1890. ] 1239
defendant not having appeared, but proof having been given that the defendant
was duly summoned to appear) and on hearing the matter of the complaint, it
is this day adljndyed and ordered by me, the undersigned a Magistrate of
this Colony that the defendant do (state the matter required to be done ).
And if on a copy of a minute of this order being served on the defendant,
either personally or by leaving it for him at his last or usual abode, he
neglects or refuses to obey this order, then it is adjudged that the defendant
for such bis disobedience be imprisoned in the Victoria Gaol at Hongkong
as aforesaid (there to be kept to hard labour ), for the space of
unless the said order be sooner obeyed ( if the statute or ordinance authorises
this ) .
And it is also adjudged and ordered that the defendant pay to the com
plainant the sum of for costs forth with (or on the
day of or by instalments, &c.)
And if default is made in payment according to this adjudication and order,
it is ordered that the sum due thereunder be levied by distress and sale of the
defendant's yoods.
And in default of sufficient distress, it is aa ljudged that the defenılant be
imprisoned in the said Gaol, there to be kept to hard labour ( if so adjudged )
for the space of > to commence at and from the termination of his
imprisonment aforesaid, unless the said sum , and all costs and charges of the
said distress be sooner paid .
[ Seal .]
( Signed ),
A Magistrate , &c.
FORM XXV .
Order of dismissal of an information or complaint.-- (Sec. 15. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
Information was laid ( or complaint was madle) before the undersigned for
that & c . (as in the summons to the defendant ), and both the said parties
haviny appeared before me in order that I should hear and determine the said
information (or complaint), ( or the defendant having appeared before me,
but the said A.B. although duly called, not having appeared ) ; and the matter
of the said information (or complaint) being by me duly considered it inani.
festly appears to me that the said information ( or complaint) is not proved ,
and, it is therefore dismisse l and it is adjudged that the said A.B. do pay to
the defendant the sum of for his costs incurred by him in
his defence in this behalf, and if the said sum for costs be not paid forthwith
( or on or before the ). It is ordered that the same be
levied by distress and sale of the * defendant's goods and chattels and in (* said A.B's.]
default of sufficient distress in that behalf it is adjudged that the * be impris . (* said A.B.)
oned in the Victoria Gaol in the said Colony (and there kept to hard labour)
for the space of unless the said sum for costs, and all costs
and charges of the said distress shall be sooner paid.
[ Seal.]
(Signed ,
A Magistrate, & c.
1240 [ 10 of 1890.) MAGISTRATES .
FORM XXVI .
Order dismissing information and directin 1 person charged to pay
damages.- [ Sec. 31 ( 1 ).]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at
The day of 18
A.B. ( hereinafter called the defendant) has been charged on the information
( or complaint) of C.D. for that he on the day of
at ( state offence ).
And being of opinion that though the said charge is proved the offence
was of so trifling a nature that it is inexpedient to inflict any punishment:
I do therefore hereby dismiss the said information (or complaint).
( If payment of damages or costs ordered, proceed as follows) :
And it is ordered that the defendant pay to the said C.D.
for damages and for costs :
And it is ordered that the said sums be paid forth with (or on the
day of or by instalments of for every
days, the first instalment to be paid forth with, or on the
day of next ) :
And if default is made ( proceed as in form of conviction for fine to be
levied by distress ) .
FORM XXVII .
Order to enter into recognisance to keep the peace or to be of
good behaviour.- (Sec. 50.)
IN TIIE POLICE COURT AT VICTORIA IN THE COLOxy
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony.
The day of 18
A.B. having made complaint that C.D. ( hereinafter called the defendant)
on the day of at ( state the facts entitling
the complainant to the order ), and the defendant having appeared , and on
hearing the matter of the complaint, it is this day adjudged and ordered by
me that the defendant do forth withi duly enter into a recognisance in the sum
of with Suret in the sum of ( each )
to keep the peace and be of good behaviour towards Her Majesty and all her
liege people, and especially towards the complainant, for the term of
now next ensuing, and if the defendant fails to comply with this order it is
adjudged that he be imprisoned in the Victoria Gaol at Hongkong aforesaid,
for the space of unless he sooner complies with this order.
( If costs are ordered proceed as follows ) :
And it is also adjudged and ordered that the defendant pay to the said
A.B. the sum of for costs forthwith (or on the day of
next, or by instalments, & c. )
And if default is made in payment according to this aljudication and order,
it is ordered (proceed as in form of conviction for fine to be leried by
distress ).
[ Seal.]
( Signed ),
A Magistrate, & c .
MAGISTRATES , [ 10 of 1890. ) 1241
FORM XXVIII .
Recognisance conditioned to keep the peace or to be of gooil
behariour, or not to do or commit some act or
thing.- [ Sees, 50 & 54 ( 2) . ]
We, the undersigned of of and of
severally acknowledge ourselves to owe to our Sovereign Lady the
Queen the several sums followiny, namely, the said as principal,
the sum of and the said and as suret the sum of
each , to be levied on our several goods, lands, and tenements if the
said fails in the condition hereon endorsed .
( Signed ), ( where not taken orally .)
A.B.
L.M.
N.0.
Taken (orally ) before me, the day of 18
( Signed ) J.P. ,
A Magistrate in and for the Colony
of Ilongkong,
or
The Superintendent of the Victoria Gaol
in the Colony of Hongkong,
or
as the case may be.
CondiTION INDORSED .
The condition of the within -written recognisance is such that if the
within -bounden keeps the peace and is of good behaviour towards
Her Majesty and all her liege people, and especially towards of
for the term of now next ensuiug (or abstains from doing
the thing forbidden, or as the case may be) , then the said recognisance shall
be void , but otherwise shall remain in full force.
NOTE.- Where the recognisance is taken orally, omit the words " the
undersigned , " and insert " orally " after " taken . "
FORM XXIX .
Summons to person bound by recognisance which is alleged to have
been forfeited by conviction of principal.- [ Sec. 54 (2).]
IN THE POLICE COURT AT VICTORIA IN THE COLOXY
OF HONGKONG .
To A.B. of
You are hereby summoned to appear before me the undersigned a Magistrate
of the said Colony sitting at on the day of at the
hour of in the forenoon or before such Magistrate as may then be
there to show cause why the recognisance entered into the day of
whereby you are bound to pay the sum of should
adjudged to be forfeited and why you should not be adjudged to pay
not besum
that .
Dated the day of 18
[ Seal . ]
( Signed),
A Magistrate, &c .
1242 [ 10 of 1890. ] MAGISTRATES .
FORM XXX .
Adjudication of forfeiture of recognisance where person bound
as principal has been convicted of an offence which is
a breach of the condition.- [ Sec. 54 (2). ]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
of IlonGKONG .
Before J.P. , Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The clay of 18
A.B. (hereinafter called the defendant) was by his recognisance entered
into the day of 18 bound in the sum of
the condition of the recognisance being that of should
(state condition of recognisance ):
And proof having been given that the said has been
convicted of the offence of having ( state offence) , being an offence which is
in law a breach of the condition of the said recognisance. Therefore it is
adjudged that the said recognisance is forfeited , and that the defendant do
pay to the Magistrate's clerk the said sum of and also pay to the
sum of costs
for .
And it is ordered that the said sums be paid forth with ( or on the
day of next or by instalments of for every days,
the first instalments to be paid forth with or on the day of
next) :
And if default is made in payment according to this adjudication and order
it is ordered (proceed as in conviction for fine to be levied by distress) .
[ Seal .]
( Signed ),
A Magistrate, &c.
FORM XXXI.
Order cancelling or mitigating forfeiture or recognisance.
[ Sec. 54 ( 1 ) . ]
( To be indorsed on recognisance.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
A warrant of distress was on the day of issued for levying
the sum of declared to be forfeited under the within -written
recognisance, but no goods have been sold thereunder.
And the said has applied to me the undersigned to cancel
(or mitigate the forfeiture of the said recognisance, and has given security
to my satisfaction for the future performance of the condition of the said
recognisance, and has paid, ( or given security for payment of) the costs
incurred in respect of the forfeiture thereof (or insert such other condition as
the Magistrate may think just ).
cf
Therefore) . the said forfeiture is hereby cancelled (or mitigated to the sum
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c.
MAGISTRATES. [ 10 OF 1890.) 12-13
FORM XXXII.
Summons to attend an application for varying or dispensing
with securities.- ( Sec. 51. )
IN THE POLICE COURT AT Victoria IN THE COLONY
OF HONGKONG .
To A.B. of
You are hereby summoned to appear before a Magistrate of the said Colony,
sitting at On the day of
at the hour of in the noon to shew cause why the amount
for which it is proposed that the suret of should be bound should
not be reduced (or why the obligation of to find suret should not be
dispensed with ).
Dated the day of 18 .
[ Seal.]
( Signed ),
A Magistrate , & c .
FORM XXXIII.
Order varying order for sureties.- (Sec. 51. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. has been under a warrant of commitment dated the day
of and issued by this Court committe i to prison for default in
finding sureties ( or a surety) in the sum of
And on new evidence having been produced to me (or on proof of a change
of .circumstances having been given to me), it seems to me just to vary in
manner hereinafter appearing the order under which the said warrant was
issued .
Therefore it is ordered that the amount for which it is proposed that the
sureties (or surety ) of the said A.B. should be bound be reduced to
(or that the obligation of the said A.B. to find a surety (or sureties) be
dispensed with (or as may be directed) .
[ Seal .]
( Signed ),
A Magistrate , &c.
FORM XXXIV .
Oral or written acknowledgment of undertaking to pay a sum
adjudged by a conviction.- [ Sec. 53 ( 1 ) .]
IN THE POLICE COURT AT VictorIA IN THE COLONY
OF HONGKONG .
A.B. (hereinafter called the defendant) was this day ( or was on the
day of ) convicted before the undersigned ( or J.P., Esquire,) a
Magistrate of the said Colony, sitting at for that he ( state offence ),
and it was adjudged by the said conviction that the defendant should pay
1244 [ 10 of 1890. ) MAGISTRATES,
(as in the conviction ) and it was thereby ordered that the defendant should
be at liberty to give to the satisfaction of a Magistrate of the said Colony
(or as in the conviction) security( each
in the sum of with
suret in the sum of ) for the payment of the said sum at
the time and in the manner by the said conviction directed .
Now , therefore, I the defendant, as principal, and we C.D. of
and E.F. of as sureties ( or 1 , C.D. of as surety ) hereby
undertake that the defendant will pay the sum adjudged by the said con
victiou at the time and in the manner thereby directed, and I the said
defendaut and we (or I ) the said sureties (or surety ) hereby severally ac
knowledge ourselves bound to forfeit and pay to the Magistrate's clerk (or
other person specified ) the sum of in case the defendant fails to
perform this undertaking.
( Signed ), (where not taken orally .)
A.B. Defendant,
C.D.
day of
E.F. } Sureties,
Taken ( orally ) before me the
( Signed ),
A Magistrate, &c.
FORM XXXV.
Oral or written acknowledgment or undertaking to perform condition
of forfeited recognisance.- [Secs. 53 (5). 54 ( 1 ).]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
A.B. was by his recognisance entered into the day of
bound in the sum of , the condition of the recognisance being
that should ( state condition of recognisance ):
And default having been made in the performance of this condition the
recognisance was on the day of declared to be forfeited,
and the said A.B. not having paid the said sum , a warrant of distress was
on the day of issued for recovery thereof, but no goods
have been sold under the warrant :
And the said A.B. has applied to the undersigned Magistrate of the said
Colony to cancel or mitigate the forfeiture :
Now, therefore, I the said A.B. as principal, and we C.D. of and
E.F. of ( or I, C.D. of ) as sureties (or surety ) hereby
undertake that the condition of the said recognisance shall be duly performed,
( and that the said shall on or before the day of
pay the sum of for costs incurred in respect of the said forfeiture):
And I the said principal and we ( or I) the said sureties (or surety ), hereby
severally acknowledge ourselves bound to forfeit and pay to the Magistrate's
clerk (or other person specified ) the sum of in case the said principal
fails to perform the condition of the said recognisance.
( Signed), (where not taken orally .)
A.B.
C.D.
E.F.
Taken ( orally) before me the day of
[ Seal.]
( Signed), >
A Magistrate, &c.
MAGISTRATES . [ 10 OF 1890. ] 1245
FORM XXXVI.
Declaration of service of summons or other document.— (Sec. 24. )
I of hereby solemnly deciare that I did on
the day of serve of
with the (warrant, summons, notice, process or other document) now shown
to me, and marked A , by delivering a true copy thereof at
being his last ( or most usual) place of abode.
Taken the day of 18 >
before me .
( Signed ),
A Magistrate, &c.
or
Justice of the Peace .
FORM XXXVII .
Declaration as to handwriting and seal.-- (Sec. 24.)
I of hereby solemnly declare that the signature
to the document now produced and shown to me, and marked
is in the proper handwriting of of
(and that the seal on the said document is the proper seal
of ).
Taken the day of 18 , before me.
[Seal. ]
( Signed ),
FORM XXXVIII .
Order for restitution of property .— [ Sec. 81 ( 3).]
IN THE Police Court AT VICTORIA IN TIIE COLONY
OF HONGKONG .
Before J.P. , Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. was charged before me a Magistrate of the said Colony for that he
on th e day of at
(state offence and describe goods as in conviction ), and having dealt with
the case summarily the said A.B. has been this day convicted before me of
the offence with wbich he was so charged .
And it is proved to me that the said goods are now in the possession of
of Therefore it is hereby ordered that the
said do forth with restore the said goods
to the said the owner thereof.
[ Seal.]
( Signed ),
A Magistrate, &c.
FORM XXXIX .
Certificate of dismissal.-- (Sec . 15. )
I bereby certify, that an information (or complaint) preferred by C.D.
against A.B., for that (&c., us in the simmons ), was this day considered by
me, a Magistrate in and for the Colony of Hongkong, and was by me
dismissed (with costs).
Dated this day of 18
[ Seal.]
( Signel),
A Magistrate, &c.
12-16 [ 10 of 1890. ] MAGISTRATES .
FORM XL .
Warrant of distriss on conviction for fine with or without costs or
dumages, or for costs or damages without fine.- ( Sec . 39.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF Hoxgkong .
To ( insert name, 8c. of officer where the person executing is not a constable)
and to each and all of the Constables of the said Colony.
A.B. (hereinafter called the defendant) was on the day of
convicted before the undersigned (or J.P. , Esquire ,) a Magistrate
of the said Colony, sitting at for that he (state offence ),
and it was adjudged that the defendant should for his said offence forfeit
#
and pay * ( amount of fine ), and should also pay to the said
the sum of for compensation and for costs, and it was ordered
that the said sums should be paid (&c ., as in the conviction ), and that if
default should be made in payment according to the said adjudication and
order, the sum dne thereunder should be levied by distress and sale of the
defendant's goods :
And default has been made in payment according to the said adjudication
and order,
Therefore you are hereby commanded to forth with make distress of the
goods of the defendant ( except the wearing apparel and bedding of him and
his family, and, to the value of $25, the tools and implements of his trade );
and if within the space of † days next after the making of such
distress the sum of being the sum stated at the foot of this
warrant to be dne under the said adjudication and order, together with the
reasonable costs and charges of the making and keeping of the said distress,
be not paid, then to sell the said goods by you distrained, and pay the money
arising therefrom to the Magistrate's clerk, in order that it may be applied
according to law , and that the overplus, if any, may be rendered on demand
to the defendant, and if no such distress can be found, to certify the same to
me or to the other Magistrate, in order that further proceedings may be had
according to law .
Dated the day of 18
[ Seal . ]
( Signed ),
A Magistrate, & c . ,
Cts.
Amount adjudged ,
Paid ,
Remaining due
Costs of issuing this warraut,
Total amount to be levicu ,
* Omit direction as to payment of fine, or compensation, or costs, as the case requires,
† N.B. - The goods are not to be sold until after the end of five clear days next follow
ing the day on which they are scized , unless the defendant consents or unless the goods
are perisabile.
MAGISTRATES. [ 10 of 1890.) 1217
FORM XLI.
Warrant of Distress on an order for the payment of any sum of
money .--- (Sec. 39.)
IN TIIE POLICE COURT AT VICTORIA IN THE COLONY
OF IloxGKONG ,
To ( insert name, fc. of officer where the person executing is not a constable )
and to each and all of the Constables of the said Colony.
On the day of it was adjudged and ordered by the
undersigned ( or J.P., Esquire,) a Magistrate of the said Colony that A.B.
hereinafter
(and called the defendant) should pay to the sum of
the sum of for costs ( or as the case may be ) on or before the
day of ( or 11s ordered ) ; and that if default should be made
in payment according to the said adjudication and order, tlie sum due there
under should be levied by distress and sale of the defendant's goods:
And default bas been made in payment according to the said adjudication
and order ; therefore you are hereby commandel ( proceed as in warrant of
distress for finc or conviction ) .
FORM XLII .
Warrant of distress for costs upon a conviction where the offence
is punishable by imprisonment.— (Sec. 44. )
IN THE Police COURT AT VICTORIA IN THE COLONY
OF IloxGKONG .
To ( insert name, $ c. of officer where the person executing is not a constable)
and to each and all of the Constables of the said Colony.
A.B. of (labourer) hereinafter called the defendant was o:
last past duly convicted before the undersigned (or J.P., Esquire,)
a Magistrate of the said Colony, for that ( stating the offence as in the convic
tion ), and it was thereby adjudged that the defendant for his said offence
should be iniprisoned in Victoria Gaol in the said Colony, (and there kept to
hard labour) for the space of ; and it was also thereby adljudged that
the defendant should pay to the said C.D. the sum of for his costs
in that behalf ; and it was thereby ordered that if the said siin of for
costs should not be paid (forth with ), the same should be levied by distress
and sale of the defendants goods and chattels and it was adjudged that in
default of sufficient distress in that behalf the defendant should be imprisoned
in the said Gaol (and there kept to hard labour) for the space of , to
commence at and from the termination of his imprisonment aforesail, wless
the said sum for costs, and all costs and charges of the said distress should
be sooner paid ; but the defendant having made default in the payment of the
said sun of for costs, or any part thereof : - These are therefore to
command you in Iler Majesty's mme, forth with to make distress of the
defendant's goods and chattels and if within the space of days next after
the making of such distress the said last-mentioned sum , together with the
reasonable charges of taking and keeping the said distress, shall not be paid ,
that then you do sell the said goods and chattels so by you distraineil, and do
pay the money arising from such sale to the Magistrate's clerk that he may
1248 ( 10 OF 1890. ) MAGISTRATES .
pay the same as by law directed, and may render the surplus (if any) on
demand to the defendant, and if no such distress can be found, then that you
certify the same unto me, to the end that such proceedings may be had therein
as to the law doth appertain .
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate , &c.
FORM XLIII .
Warrant of distress for costs upon an order where the disobeying
of the order is punishable with imprisonment.- (Sec. 44.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To (insert name, 8c. of officer where the person executing is not a constable)
and to each and all of the Constables of the said Colony.
On complaint was made before the undersigned (or J.P., Esquire,)
a Magistrate of the said Colony, for that ( & c., as in the order ), and on the
day of at the said parties having appeared before me , ( or
the said J.P., Esquire, or as it may be in the order), upon consideration of
the matter of the said complaint, it was a ljudged that the defendant do ( & c.,
as in the order ) ; and that if upon a copy of the minute of that order being
served upon the defendant either personally or by leaving the same for bim
at his last or most usual abode, he should neglect or refuse to obey the same
it was adjudged that in such case the defendant for such his disobedience
should be imprisoned in the Victoria Gaol in the said Colony (and there kept
to haril labour) for the space of ( inless the said order should be
sooner obeyel) and it was thereby also adjudged that the defendant should
pay to the said C.D. the sum of for his costs in that behalf ; and it
was ordered that if the said sum for costs should not be paid (forth withi) the
same should be levied of the defen :lant's gools and chattels and in default of
sufficient distress in that behalf it was thereby adjudged that the defendant
should be imprisoned in the said Gaol (and there kept to hard labour) for the
space of to commence at and from the termination of his imprison
9
ment aforesaid , unless the said sum for costs, and all costs and charges of the
said distress, should be soover paidd ; and whereas after the making of the
saill order a copy of the minute thereof was duly served upon the defendant,
but he did not then pay, nor hath he paid the sid sun of for costs
or any part thereof, but therein hath made default. These are therefore to
command you, in Her Majesty's name, forthwith to make distress of the
defendant's goods and chattels, and if within the space of dar's next
after the making of such distress the said last-mentioned sum , together with
the reasonable charges of taking and keeping the said distress , shall not be
paid, that then you do sell the said gools and chattels so by you distrained ,
and do pay the inoney arising from such sale to the Magistrate's clerk , that
he may pay the same as by law directed , and may render the overplus, if any,
on demand, to the defendant and if no such istress can be found, then that
you certify the same unto me, to the end that such proceedings may be had
therein as to the law doth appertain.
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, &
MAGISTRATES . [ 10 of 1890. ] 1249
FORM XLIV.
Warrant of distress for costs upon an order for dismissal of an
information or complaint.- (Sec. 59.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To (insert name, 8c. of officer where the person executing is not a con
stable) and to each and all of the Constables of the said Colony.
On the day of information was laid (or complaint
was made) before the undersigned (or J.P., Esquire,) a Magistrate of the
said Colony for that ( & c., as in the order of dismissal) and afterwards
on at both parties having appeared before me (or the said
J.P., Esquire,) and the case having been duly heard and considered, and the
said information ( or complaint) not having been proved, it was therefore
dismissed and it was adjudged that the said C.D. should pay to the defendant
the sum of for his costs incurred by him in bis defence in that
behalf ; and it was ordered that if the said sum for costs should not be paid
(forth with ) the same should be levied of the goods and chattels of the said
C.D. and it was adjudged that in default of sufficient distress in that behalf
the said C.D. should be imprisoned in the Victoria Gaol in the said Colony
(and there kept to hard labour ), for the space of unless the said
sum for costs, and all costs and charges of the said distress should be sooner
paid and the said C.D. having now made default in the payment of the said
sum for costs, and any part thereof:—These are therefore to command you ,
in Her Majesty's name, forthwith to make distress of the goods and chattels
of the said C.D., and if, within the space of days next after the
making of such distress, the said last mentioned sum , together with the
reasonable charges of taking and keeping the said distress shall not be paid ,
that then you do sell the said goods and chattels so by you distrained , and
do рау the money arising from such sale to the Magistrate's clerk, that he
may pay and apply the same as by law directed, and may render the overplus
(if any), on demand to the said C.D., and if no such distress can be found,
then that you certify the same unto me, to the end that such proceedings
may be had therein as to the law doth appertain.
Dated this day of 18
[ Seal .]
( Signed ), 9
A Magistrate, & c.
FORM XLV .
Warrant of distress where the charge is dismissed, but the person charged
is ordered to pay damages or costs, or both. [ Sec. 31 (1 ) . ]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
The day of 18
A.B. ( hereinafter called the defendant) was charged for that he on the
day of at (state offence ):
And on the hearing of the said charge on the day of
before the undersigned (or J.P., Esquire,) a Magistrate of the said Colony,
sitting at the said Police Court, the Magistrate being of opinion that though
the charge was proved, the offence was in the particular case of so trifling a
1250 ( 10 of 1890.] MAGISTRATES .
nature that it was inexpedient to inflict any punishment, dismissed the
information, but ordered that the defendant should pay to for
damages and * † for costs t :
And it was orilered that the sail sums should be paid (as in order) :
( Proceed as in warrant of distress on conviction for fine.)
* Where no order to pay damages omit words between asterisks.
† Where no order to pay costs, omit wouls between crosses .
In either case substitute “ sum 17
for " suns,
FORM XLVI.
Warrant of distress for sum due under recognisance declared
to be forfeited.- [Sec. 54 ( 1 ).]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To ( insert name, &c. of officer where the person executing is not a con
stable) and to each and all of the Constables of the said Colony.
A.B. was by his recognisance entered into the day of
bound in the sum of the condition of the recognisance being
>
that should state condition of recognisance.)
And default baving been made in compliance with the said condition , the
said recognisance was on the day of declared by the
undersigned (or J.P., Esquire,) a Magistrate of the said Colony, sitting at
the said Police Court to be forfeited :
Aud the said has made default in payment of the sum due uuder
the suid recognisance. Therefore you are hereby commanded to forthwith
make distress of the goods of the said except the wearing
apparel and bedding of him and his family, and , to the value of twenty - five
dollars, the tools and implements of his trade, and if within the space of *
days next after the making of such distress the sum of
being the sum stated at the foot of this warrant to be dine under the said
recognisance, together with the reasonable costs and charges of the making
and keeping of the said distress, be not paid, then to sell the said goods by
you distrained and pay the money arising therefrom to the Magistrate's clerk
in order that it may be applied according to law , and that the surplus, if any,
my be rendered on demand to the said and if no such
distress is found to certify the same to this Police Court in order that further
proceedings may be had according to law ,
Dated this day of 18
[ Seal . ]
( Signeil ),
A Magistrate, & c .
Cts.
Amount due under recognisance,
Paid ,
Remaining due, ......
Costs of issuing warrant,
Total amount to be levied ,....
N.B.– The goods are not to be sol.l until after the end of five clear days next follor .
ing the day on which they are sciz d , mless the owner consents in writing.
MAGISTRATES . [ 10 of 1890.) 1251
FORM XLVII.
Warrant of distress for sum due under recognisance adjudged to be
forfeited by couriction of principal.- [ Sec. 54 (2 ).]
IX TIE POLICE COURT AT VICTORIA IN THE COLONY
OF IloxGKONG .
To ( insert name, & c. of office where the person erecuting is not a constable)
and to each and all of the Constables of the said Colony.
A.B. (hereinafter called the defendant) was by his recognisance entered
into the day of bound in the sum of
the condition of the recognisance being that should ( state condition
of recognisance ) ;
And the said having been convicted of the offence of having
(stute offence ) being an offence which is in law a breach of the said condition ,
it was on the day of adjudged by the undersigned
( or J.P., Esquire,) a Magistrate of the said Colony, sitting at that
the said recognisance be forfeited , and that the defendant should pay to the
Magistrate's clerk the said sum of and should also pay
the sun of for costs :
And it was ordered that the said sum should be paid (as in order ), and .
that if default should be made in payment according to the said adjudication
and order, the sum due thereunder should be leried by distress and sale of
the defendant's goods :
And default has been made in payment according to the said adjudication
and order: therefore you are hereby commanded ( proceed as in warrant of
distress for fine ) .
FORVI XLVIII.
Warrant of distress for sum due by a principal in pursuance of a
forfeited security for payment of a sum adjudged by a
conviction . -- [ See: 53 ( 3 ) .]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG .
To ( insert name, 8c. of officer where the person executing is not a constable )
and to each and all of the Constables of the said Colony.
A.B. (hereinafter called the defendant) was on the day of
convicted before the undersigned (or J.P., Esquire ,) a Magistrate
of the said Colony, sitting at for that he ( state offence ), and it
was adjudged by the conviction of the said Magistrate that the defendant
should pay ( as in conriction ) :
And it was thereby ordered that the defendant should be at liberty to give
to the satisfaction of a Magistrate of the said Colony ( or as in the conviction )
security with suret for the payment of the said sum at the time
and in the manner by the said conviction directed :
And the defendant and and his sureties (or
surety ), undertook that the defendant would pay the said sum at the time
and in the manner so directed , and severally acknowledged themselves ( or
himself ) bound to forfeit and pay to the sum of
in case the defendant failed to make payment as so direciel :
1252 [ 10 of 1890. ] MAGISTRATES ,
And it appears to me that the sum of dne, by the defendant
in pursuance of the said undertaking has not been paid and has been forfeited :
And notice of the said forfeiture has been duly served on the defendant:
Therefore you are hereby commanded ( proceed as in warrant of distress
on conviction for fine , substituting for the words “ being the sum stated at
the foot of this warrant to be under the said adjudication and order, " the
66
words " being the sum stated at the foot of this warrant to be due in pur 66
suance of the said undertaking ," and stating the amount at the footas amount
dne in pursuance of undertaking." )
FORM XLIX .
Return to a warrant of distress.- (Sec. 41.)
I, W.T. do hereby certify to J.P., Esquire, a Magistrate of the said Colony
that by virtue of this warrant I have made diligent search for the goods and
chattels of the within -mentioned defendant and that I can find no sufficient
goods or chattels of the defendant whereon to levy the sums within mentioned .
Witness my hand, this day of 18
FORM L.
Account of costs and charges incurred in respect of the execution
of a warrant of distress.- [ Sec. 47 (6) . ]
In the matter of an information (or a complaint) by
I of the constable charged with the execution of the
warrant of distress upon the goods of dated the day of
hereby declare that the following is a true account of the costs and
charges incurred in respect of the execution of the said warrant.
$ cts .
Total,..........
FORM LI.
Warrant of commitment in thefirst instance.- (Sec. 43.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables of the said Colony and to the Superin
tendent of the Victoria Gaol, Hongkong, aforesaid .
A.B. late of , ( labourer ), (hereinafter called the defendant)
was on this day duly convicted before the undersigned, a Magistrate of the
said Colony, for that (stating the offence as in the conviction ); and it was
thereby adjudged that the defendant for his said offence should forfeit and
pay the sum of > (&c ., as in the conviction ), and should
pay to the said C.D. the sum of for costs ; and it was
thereby adjudged, that if the said several sumsshould not be paid (forthwith ),
the defendant should be imprisoned in the said Gaol, (and there kept to hard
labour) for the space of unless the said several sums should be sooner
MAGISTRATES . [ 10 of 1890.] 1253
paid ; and whereas the time in and by the said conviction appointed for the
payment of the said several sums bath elapsed , but the defendant hath not
paid the same or any part thereof, but therein hath made default : These are
therefore to command you the said constables to take the defendant and him
safely to convey to the Gaol aforesaid , and there to deliver him to the said
Superintendent together with this precept : and you the said Superintendent
are hereby commanded to receive the defendant into your custody in the said
Gaol there to imprison him (and keep him to hard labour ) for the space
of unless the said several sums amounting to the further sum
of shall be sooner paid ; and for your so doing this shall be your
sufficient warrant.
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c.
FORM LII .
Wurrant of Commitment on an order in the first
instance. (Secs. 39 & 43.)
IN THE POLICE COURT AT VICTORIA IN THE COLOXY
OF IloxGKONG .
To each and all of the Constables of the said Colony and to the Superin
tendent of the Victoria Gaol, Hongkong, aforesaid ,
On the day of last past complaint was made before
the undersigned (or J.P., Esquire,) a Magistrate of the said Colony, for that
(&c., as in the order ), and afterwards, to wit, on the day of
the parties appeared before (me or J.P. , Esquire) the said Magistrate, and
thereupon, having considered the matter of the said complaint, it was
adjudged that the defendant should pay to the said C.D. the sum of
on or before the day of
then next, and also to pay to the said C.D. the sum of
for costs ; and it was also thereby adjudged , that if the said several sums
should not be paid on or before the day of then next,
the defendant should be imprisoned in the said Gaol , (and there kept to hard
labour) for the space of unless the said several sums should be sooner
paid ; and whereas the time in and by the said oriler appointed for the payment
of the said several sums of money hath elapsed, but the defendant hath not
paid the same or any part thereof ; but therein hath made default ; These are
therefore to command you the said Constables to take the defendant and him
safely convey to the said Gaol,and there to deliver him to the Superintendent
thereof, together with this precept; and you the said Superintendent are
hereby commanded to receive the defendant into your custody in the said
Gaol there to imprison him (and keep him to bard labour) for the space of
unless the said several sums sliall be sooner paid unto you
the said Superiutendent and for your so doing this shall be your sufficient
warrant .
Dated the day of 18
[ Seal.]
( Signel),
A Magistrate, & c.
1234 [ 10. OF
of 1890.) MAGISTRATES .
FORM LIII.
Warrant of Commitment for wunt of distress.- (Secs. 41 & 42. )
IX TIIE POLICE COURT AT VICTORIA IN THE COLONY
of IlONGKONG .
To each and all of the Constables of the sail Colony and to the Superin
tendent of the Victoria Gaol, Ilongkong, aforesaid .
( Proceed as in warrant of distress down to commanding part, and close
thus ) :
And on the day of 13 a warrant of distress was
lianded for execution to a constable of the said Colony com
manding him to levy the sum of ( state sum directed to be levied ) by distress
and sale of the defendant's goods :
And it now appears, as well by the return of the said constable to the said
warrant of distress as otherwise, that he bas made diligent search for the
defendant's gooils, but that no sufficient distress whereon to levy the said sum
could be found :
Therefore you are hereby commanded , you the said Constables, to take the
defendant and convey him to the said gaol and there deliver him to the
Superintendent thereof, together with this warrant; and you the said Super
intendent of the sail gaol to receive the defendant into your custody in the
said gaol, there to imprison him and keep him to hard labour) for the space
of ules the said sum , and all the costs and charges of the said distress
be sooner paid.
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c .
FORM LIV .
Iarrant of Commitment pending return to Iarrant of
Commiscessence. 2009
Is THE POLICE COURT AT VICTORIA IN TIIE COLONY
OF HONGKONG .
To each and all of the Constables of the said Colony and to the Superin
tendent of the Victoria Gaol, Ilongkong, aforesaid .
A.B. (hereinafter called the defendant) was on the day of
(or this day) convicted before the undersigned ( or J.P., Esquire ,) a
Magistrate of the said Colony, sitting at for that he (state
conviction ) :
And default has been made in payment according to the said adjudicaticu
aud order :
MAGISTRATES . [ 10 of 1890.) 1255
And a warrant of distress has been issued against the defendant in pursuance
of the said conviction, but no return has been made thereto.
And the defendant has not given sufficient security to the satisfaction of
this Court for his appearance at the time and place appointed for the return
of the warrant of distress :
Therefore you are hereby commanded , you the said constables to take the
defendant and convey him to the said Gaol and there deliver him to the
Superintendent thereof, together with this warrant ; and you the said Super
intendent of the said Gaol to receive the defendant into your custody in the
said Gaol, there to keep and detain him until the day of
being the day appointed for the return of the said warrant of distress, unless
he previously enters into a recognisance in the sum of S withi suret
in the sum of $ ( each ) conditioned for his appearance on that day, and
on that day, if such recognisance has not been entered into, to convey and
have him before a Magistrate of the said Colony at the said Police Court at
the hour of in the noon , to be further dealt with according to
law .
[ Seal .]
(Signeu )
A Magistrate , &c.
FORM LV .
Warrant of commitment on a conviction where the punishment
is by imprisonment.- (Sec. 41. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF TIONGKONG .
To each and all of the Constables of the said Colony and to the Super
intendent of the Victoria Gaol, lIougkong, aforesaid .
A.B. (hereinafter called the defendant) has been this day convicted before
the undersigned ( or J.P., Esquire,) a Magistrate of this Colony for that he
on the day of 18 ( state offence as in conviction ) ;
And it has been adjudged by the saiil Magistrate (or by me) that the
defendant be for his said offence imprisoned in the said Gaol and there kept
( if so ordered ) for the space of
Therefore you are hereby commanded, yon the said Constables to take the
defendavt and convey him to the said Gaol and deliver him to the Super
intendent thereof together with this warrant and you tlie said Superintendent
of the said Gaol to receive the defendant into your custody in the said Gaol
and there to imprison him and keep him to hard labour ( if so ordered) for the
space of
Dated the day of 18
[ Seal .]
( Signed ),
A Magistrate, & c .
1256 [ 10 or 1890. ] MAGISTRATES .
FORM LVI .
Warrant of commitment on an order where the disobeying of it is
punishable by imprisonment.- (Sec. 44. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF IlONG KONG .
To each and all of the Constables of the said Colony, and to the Super
intendent of the Victoria Gaol, Hongkong, aforesaid .
On the day of last past complaint was made
before the undersigned ( or J.P., Esquire,) a Magistrate of the said Colony
for that, ( & c. as in the order ), and afterwards, to wit , on the
day of 18 , at the said parties
appeared before me ( or as in ihe order ), and thereupon, having considered
the matter of the said complaint, it was ordered that the defendant do
(as in the order ), and that if, upon a copy of the minute of that order
being duly served upon the defendant either personally or by leaving the
same for him at his last or most usual place of abode, he should neglect
or refuse to obey the same, it was adjudged that in such case the defendant
for such his disobedience should be imprisoned in the said Victoria Gaol
(and there kept to hard labour ) for the space of
(unless the said order should be sooner obeyed ) ; and it having been now
proved to me that after the making of the said order a copy of the minute
thereof was duly serveil upon the defendant, but he then refused (or neglected )
to obey the saine, and hath not as yet obeyed the saill order : these are there
fore to command you , the said Constables to take the defendant and him
safety to convey to the said Gaol and there to deliver him to the Super
intendent thereof, together with this precept ; and you the said Superintendent
of the said Gaol are hereby commanded to receive the defendant into your
custoly in the said Gaol there to imprisou him (and keep him to hard labour )
for the space of ; and for your so doing this shall be your
sufficient warrant.
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c.
FORNI LVII.
Warrant of commitment for want of distressin either of the
cases mentioned in forms XLI., XLII.
IN TIIE POLICE COURT AT VICTORIA IN THE COLONY
OF IloxgkoxG .
To each and all of the Constables of the said Colony and to the Super
intendent of the Victoria Gaol, Hongkong, aforesaid .
[Recite the conviction or order and then proceed thus ]; and whereas aſter
wards, on the day of last, a warrant was issued by me
MAGISTRATES , [ 10 of 1890. ) 1257
(or by J.P., Esquire,) a Magistrate of the said Colony to each and all consta
bles of this Colony commanding them to levy the said sum of
for costs by distress and sale of the defendant's goods and
chattels and it having been made to appear to me, as well by the return to
the said warrant of distress as otherwise, that diligent search for the defend
ant's goods and chattels bath been made, but that no sufficient distress whereon
to levy the sum above mentioned could be found . These are therefore to
command you the said Constables to take the defendant and himn safely to
convey to the Victoria Gaol aforesaid, and there deliver him to the Superin
tendent thereof, together with this precept. And you the said Superintendent
are hereby commanded to receive the defendant into your custody in the said
Gaol, there to imprison bim ( and keep him to hard labour) for tbe space of
unless the said sun, and all costs and charges of the said
distress amounting to the further sum of shall be sooner
paid unto you the said Superintendent, and for your so doing this shall be
your sufficient warrant.
Dated the day of 18
[ Seal.]
( Signed )
A Magistrate, & c.
FORM LVIII .
Warrant of commitment for want of distress in the case in
form XLIV.— ( Sec. 59. )
( Recite the conviction or order and then proceed thus ) and a warrant was
issued by me ( or the said J.P., Esquire,) on the day of
to each and all constables of the said Colony, commanding them to levy the
said sum of by distress and sale of the goods and chattels
of the said C.D., and it appearing to me as well by the return to the said
warrant of distress as otherwise, that diligent search for the goods and chattels
of the said C.D. hath been made, but that no sufficient distress whereon to
levy the sum above-mentioned could be found : these are therefore to command
you the said Constables to take the said C.D. , and him safely convey to the
Victoria Gaol aforesaid, and there deliver him to the said Superintendent
thereof, together with this precept ; and you the said Superintendent to receive
the said C.D. into your custody in the said Gaol there to imprison him (and
keep him to hard labour) for the space of unless the said sum
and all costs and charges of the saiii distress amounting to the further sum
of slrall be sooner paid unto you the said Superintendent;
and for your so doing this shall be your sufficient warrant.
Dated the day of 18
[ Seal . ]
( Signed ),
A Magistrate, & c.
1258 ( 10 of 1890. ] MAGISTRATES .
FORM LIX .
Warrant of commitment reducing term of imprisonment on part
payment.- [ Sec. 48 (3 ) .]
(Adopt the ordinary form of warrant of commitment, but before the
commanding part insert the following ) :
And on application to this Court to issue a warrant to commit the defendant
to prison for non -payment of the sum adjudged to be paid by the said con
viction (or order or for default of sufficient distress ), it appears to this Court
that by payment of part of the said sin (or by the net proceeds of the said
distress), the amount of the sum so adjudged has been reduced to such an
extent that the unsatisfied balance, if it had constituted the original amount
so adjudged to be paid would have subjected the defendant to a maximum
term of imprisonment less than the term of imprisonment to which be is liable
under the said conviction (or order ) :
Therefore the said term of imprisonment is hereby revoked ; and it is hereby
ordered that the defendant be imprisoned in the said prison ( there to be kept
to bard labour) for the space of the reduced term ), unless the said sum and
all costs and charges of the said distress ( if any ) be sooner paid.
And you are hereby commanded ( proceed as in ordinary warrant of com
mitment, inserting reduced term of imprisonment ).
FORM LX .
Register of convictions and orders ( Sec . 30. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
The day of 19 .
Nature of
Name of offence or of
Magistrate
Name of Minute of
No. informant or Matter of adjudicat
defendant. adjudication,
complainant. ing .
complaint.
1 2 3 4 5 6
1259
MAGISTRATES . ( 10 of 1890. ]
PART II . - FORMS FOR THE RECOVERY OF
CIVIL DEBTS.
FORM LXI.
( Sec . 55.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Between Plaintiff ,
( Address
Description )
and
Defendant,
Address
Description )
To of
You are hereby summoned to appear before such Magistrate of this Colony
as may be sitting at the said Police Court on the day of
18 at the hour of in the noon , to answer
the plaintiff's claim the particulars of which are hereto annexed .
Dated the day of 18
[ Seal.]
(Signedl !,
A Magistrate, & c .
FORM LXII.
Summons to Witness.— (Sec. 56. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
of Hongkong .
Between Plaintiff ,
( Address
Description )
and
Defendant,
( Address
Description )
To of
You are hereby required to attend before J.P., Esquire, a Magistrate of
this Colony, sitting at the said Police Court on day, the day
of 18 at the hour of in the noon, to give evidence
in the above cause on behalf of the (p'ai tiff or defendant).
Dated the day of 18
[ Seal . ]
( Signed ),
A Magistrate, & e .
1260 [ 10 of 1890. ] MAGISTRATES .
FORM LXIII.
Judgment for Plaintiff.— (Sec. 56. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG.
Before J.P., Esquire, a Magistrate of the Colony.
Between Plaintiff,
( Address
Description )
and
Defendant,
( Address
Description )
The day of 18
It is this day adjudged that the plaintiff recover against the defendant the
sum of for debt (or damages ), and for costs, amounting together
to the sum of
And it is ordered that the defendant pay the same to the plaintiff
ev
forth with
(or on the day or by instalments of for ery
days, the first instalment to be paid forth with or on the day of
18 , ) * and if default is made in payment according to this adjudication
and order, it is ordered that the sum due thereunder be levied by distress and
sale of the defendant's goods.
[ Seal.]
( Signed ),
A Magistrate, &c.
* If security accepted , substitute for words between asterisks and it is ordered that
the defendant be at liberty to give to the satisfaction of a Magistrate (or of security
in the sum of with one surety (or two sureties ) in the sum of (each ) for the
payment of the said sum as above directed ."
FORM LXIV .
Judgment for Defendant.- (Sec. 56.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the Colony.
Between Plaintiff,
( Address
Description )
and
Defendant,
( Address
Description )
The day of 18
Upon hearing this cause this day it is adjudged that judgment be entered
for the defendant, and that the plaintiff pay the sum of $ for the
defendant's costs forthwith ( or on the day of or by instalments
of for every days, the first instalment to be paid forth with or
on the day of ) ; and if default is made in payment according
MAGISTRATES . ( 10 of 1890. ) 1261
to this adjudication and order, it is ordered that the sum due thereunder be
levied by distress and sale of the plaintiff's goods. *
[ Seal . ]
(Signed ) , >
A Magistrate, &c.
* If security is accepted, substitute for words between asterisks “ and it is ordered that
the plaintiff be at liberty to give to the satisfaction of a Magistrate (or of ) security
in the sum of ( each) for payment of the said sum as above directed . ”
FORM LXV .
Judgment Summons .- (Sec. 56.)
IN THE Police COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Between Plaintiff,
Address
Description )
and
Defendant,
Address
Description )
The day of 18
To the above- named defendant (or plaintiff ).
The plaintiff (or defendant) obtained an order against you the above-named
defendant (or plaintiff) before the undersigned (or J.P., Esquire,) a Magistrate
of the said Colony, on the day of 18 > for the payment of
and cents .
And you have made default in payment of the sum payable in pursuance
of the said order.
Therefore you are hereby summoned to appear personally before
on the day of 18 at the hour of in the
noon , to be examined on oath (or declaration) by the Court touching the
means you have or bave had since the date of the order to satisfy the sum
payable in pursuance of the said order ; and also to show cause why you
should not be committed to prison for such default.
[ Seal. ]
( Signed ),
A Magistrate , & c.
Amount of order, and costs cts ,
$ cts .
Paid into the Magistracy,
Deduct Instalments not required to have been paid
before the date of the summons,
$ cts.
Sum payable ....
Costs of this summons ..........
Amount upon payment of which no further proceedings will be had
until default in payment of next instalments
1202 ( 10 of 1890. ) MAGISTRATES .
FORM LXVI.
Order of Commitment.- (Sec. 56.)
IN THE POLICE COURT AT VICTORIA IN THE LONY
OF HONGKONG .
Between Plaintiff,
( Address
Description )
and
Defendant,
( Address
Description )
To each and all of the Constables of the Colony and to the Superintendent
of the Victoria Gaol at Ilongkong aforesaid .
The plaintiff (or defendant) obtained an order against the defendant ( or
plaintiff) before the undersigned (or before J.P., Esquire,) a Magistrate of
the said Colony on the day of 18 for the payment of
$
And the defendant (or plaintiff) has made default in payment of
payable in pursuance of the said order :
And a summons was, at the instance of the plaintiff (or defendant) duly
issued, by which the defendant ( or plaintiff) was required to appear personally
before the said Magistrate on the day of 18 to
be examined on oath ( or declaration ) touching the means he had then or had
since the date of the order to satisfy the sum then due and payable in pursuance
of the order, and to shew cause why he should not be committed to prison for
such default.
And at the bearing of the said summons the defendant (or plaintiff) appeared
(or the summons was proved to have been personally and duly served ), and it
has now been proved that the defendant (or plainti tř) now has (or has bad
since the date of the order ) the means to pay the sum then due and payable
in pursuance of the order, and has refused (or neglected or then refused or
neglected) to pay the same, and the defendant (or plaintiff) has shown vo
cause why he should not be committed to prison .
Now , therefore, it is ordered that, for such default, the defendant (or
plaintiff ) be committed to prison for days, unless, he sooner pay the
sum stated below as that on the payment of which he is to be discharged.
And you are bereby required, you the said Constables, to take the defendant
( or plaintiff) and to deliver him to the Superintendent of the said Gaol, and
yon the said Superintendent to receive the defendant (or plaintiff), and keep
him safely in the said gaol for days from the arrest under this order,
or until he is sooner discharged by due course of law.
Dated the day of 18
[Seal.]
( Signed ),
A Magistrate.
cts.
Total sum payable at the time of hearing of the judgment-summons
llearing of summons, and cost of order......
Total sum on payment of which the prisoner will be discharged ....
MAGISTRATES . [ 10 of 1890. ] 1263
FORM LXVII.
Certificate for discharge of a prisoner from custody.— ( Sec. 56.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
of lloxGKONG .
Between A.B. plaintiff, and C.D. defendant.
To the Superintendent of the Victoria Gaol at Hongkong, aforesaid .
I hereby certify that the defendant (or plaintiff), who was committed to
your custody by virtue of an order of commitment dated the day of
18 has paid and satisfied the sum of money for the non
>
payment wbereof he was so committed , together with all costs due and
payable by him in respect thereof, and may in respect of that order be forth
with discharged out of your custody.
Dated the day of 18
( Signed),
Magistrate's clerk .
FORM LXVIII .
Distress Warrant.-- (Sec. 56.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Between Plaintiff,
( Address
Description )
and
Defendant,
( Address
Description )
To each and all of the Constables of the Colony of Hongkong.
On the day of 18 > it was adjudged and ordered
by the undersigned (or J.P., Esquire,) a Magistrate of the said Colony that
the defendant ( or plaintiff ), should pay to the plaintiff (or defendant)
for debt (or damages), and for costs, making together the sum of
; and it was ordered that the said sum should bepaid on the
day of ( or as in judgment), and that if default should be made in
payment according to the said adjudication and order the sum due thereunder
should be levied by distress and sale of the defendant's (or plaintiff's) goods.
And default has been made in payment according to the said adjudication
and order.
Therefore you are hereby commanded forthwith to make distress of the
goods of the said defendant (or plaintiff) except the wearing apparel and
bedding of him and his family, and , to the value of twenty -five dollars the
1264 ( 10 of 1890. ] MAGISTRATES .
tools and implements of his trade, and if within the space of * days
next after the making of such distress the sum of being the sum
stated at the foot of this warrant to be due under the said adjudication and
order, together with the reasonable charges of the making and keeping of
the said distress, be not paid, then to sell the said goods by you distrained,
and pay the money arising thereby to the Magistrates' clerk in order that it
may be applied according to law, and that the surplus, if any, may be
rendered on demand to the said defendant (or plaintiff), and if no such distress
can be found to certify the same to the Magistrate aforesaid in order that
further proceedings may be had according to law.
Dated the day of 18
[ Seal. ]
( Signed ),
A Magistrate, &c.
cts .
Amount adjudged,...
Paid,
Remaining due,
Costs of issuing this warrant,
Total amount to be levied ,
* N.B .-- The goods are not to be sold until after the end of five clear days next following
the day on which they were seized , unless the defendant otherwise consents in writing.
FORM LXIX .
Oral or written acknowledgment of undertaking to pay civil
debt.- ( Sec . 56. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
of HoxGKONG .
Between Plaintiff,
( Address
Description )
and
Defendant,
(Address
Description )
It was this day (or on the day of ) adjudged by the
undersigned (or J.P., Esquire,) a Magistrate of this Colony that the plaintiff
should recover against the defendant the sum of for debt (or damages )
and for costs, amounting together to the sum of
And it was ordered that the defendant should pay the same to the plaintiff
forthwith (or on or before the day of or by instalments of
for every days, the first instalment to be paid on the
day of ) , and that the defendant should be at liberty to give to the
satisfaction of a Magistrate (or as in judgment) securityin the sum of
with suret in the sum of (each ) for the payment of
the sum so ordered to be paid as thereby directed .
Now, therefore, I, the defendant, as principal, and we C.D. of
>
and
E.F. of as sureties (or I , C.D. of as surety ) hereby
undertake that the defendant will pay the sum so ordered to be paid as
thereby directed .
MAGISTRATES . ( 10 of 1890. ) 1265
And I the said defendant and we (or I ) the said sureties (or surety ) hereby
severally acknowledge ourselves bound to forfeit and pay to the sum
of in case the defendant fails to perform tliis undertaking.
( Signed ), (where not taken orally).
A. B., Defendant.
Sureties.
Taken (orally) before me the day of
E. F:}
( Signed ),
A Magistrate, & c.
PART III . - FORMS APPLICABLE TO
INDICTABLE OFFENCES .
FORM LXX .
Caution to and statement by accused.— (Sec. 73. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at
A.B. ( hereinafter called the accusel) stands chargel before the undersigned
a Magistrate of the said Colony, for that he on
at ( & c., as in the heading to the depositions) and the said
charge being read to the accused and the witnesses for the prosecution, C.D.
and E.F. being severally examined in his presence, the accused is now
addressed by me as follows : “ Having heard the evidence, do you wish to
say anything in answer to the charge ? You are not obliged to say anything
unless you desire to do so ; but whatever you say will be taken down in
writing, and may be given in evidence against you upon your trial ;” where
upon the said A.B. saith as follows :
( Here state whatever the prisoner may say, and in his very words as
nearly as possible. Get him to sign it if he will ).
The day of 18
( Signed ), A.B.
Taken before me at Victoria aforesaid , the day and year last above written.
( Signed ),
A Magistrate, &c.
FORM LXXI .
Examination of accused by Magistrate .— (Sec. 98.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J. P., Esquire, a Magistrate of the said Colony, sitting at
A.B. (hereinafter called the aconsel) stands charged before the under
signed a Magistrate of the said Colony for that he on
at (&c., as in the heading to the depositions ); and the
1266 ( 10 of 1890. ] MAGISTRATES .
witnesses for the prosecution having been called and examined (or at what
erer stage of the case the Magistrate examines the accused ) the following
questions were put by the undersigned Magistrate to, and the following
answers were received from , the accused .
Question : ( in full ) .
Answer : ( in full ) .
( and so on ).
( Sigued ), A.B.
I hereby certify, that the above questions and answers having been read
over and explained to the accused and made conformable to what he declared
to be the truth and signed by him , were taken in my presence and hearing
on the day of 18 and contain accurately the
whole of the statement made by the accused.
[ Seal.]
( Signed ),
A Magistrate, & c.
FORM LXXII.
Recognisance to prosecule or give evidence.- ( Sec. 75. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court on the day of 18
C.D. of personally came before me, the undersigned and acknow
ledged himself to owe to our Sovereign Lady the Queen the sum of
of good and lawful money of the currency of the said Colony to be
made and levied of his goods and chattels, lands and tenements, to the use of
our Sovereign Lady the Queen, Her Heirs, and Successors, if he the said C.D.
shall fail in the condition indorsed .
Taken and acknowledged , the day and year first above mentioned at
>
before me
[ Seal .]
( Signed),
A Magistrate, &c.
Condition to prosecute.
If therefore he the said C.D. shall appear at the next (or as may be)
Criminal Sessions of the Supreme Court and therepreferor cause to be preferred
an information for the offence aforesaid against the said A.B , and there also
duly prosecute such information , then the said recognisance to be void , or else
to stand in full force and virtue.
( Where the condition is to prosecute and give evidence add
after the words “ Supreme Court") .
“And there prefer or cause to be preferred an information against the said
A.B. for the offence aforesaid , and duly prosecute such information, and give
evidence thereon to the Supreme Court and jurors upon trial of the said A.B.
then the said recognisance to be void, or else to stand in full force and
virtue.”
MAGISTRATES . ( 10 of 1890. ] 1267
( And where the condition is to give evidence only udd after the
words “ Supreme Court." )
“ And there give such evidence as he knoweth upon an information to be
then and there preferred against the said A.B. for the offence aforesaid to
the Supreme Court and Jurors upon the trial of the said A.B. then the said
recognisance to be void or else to stand in full force and virtue. ”
1.
FORM LXXIII .
Notice of the said recognisance to be given to the prosecutor and
his witnesses.— (Sec. 75. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Take notice that you C.D. of are bound in the sum of
to appear at the next Criminal Sessions of the Supreme Court of this
Colony next ( or as may be) , and then and there prosecute and give evidence
(according to the condition ) against A.B .; and unless you then appear there,
and prosecute and give evidence accordingly, the recognisance entered into
by you will be forth with levied on you .
Dated this day of 18
FORM LXXIV .
Commitment of witness for refusing to enter into the
recognisance.— (Sec. 75.)
IN THE POLICE COURT AT VICTORIA IN TILE COLONY
OF HONGKONG .
To each and all Constables of the said Colony and to the Superintendent
of the Victoria Gaol , Hongkong, aforesaid .
Whereas A.B. was lately charged before the undersigned, a Magistrate of
the said Colony for that ( & c., as in the summons to the witness ) ; and it
1
having been made to appear to (me) upon oath that E.F. of Was
likely to give material evidence for the proseention , ( I ) duly issued (my)
summons to the said E.F. requiring him to be and appear before (me) on
, at or before such other Magistrate as should then
be there, to testify what he should know concerning the said charge so'made
against the said A.B. as aforesaid ; and the said E.F. now appearing before
(me) (or being brought before (me) by virtue of a warrant in that behalf to
testify as aforesaid ), hath been now examined by (me) touching the premises,
but being by (me) required to enter into a recognisance conditioned to give
evidence against the said A.B. hath now refused so to do. These are therefore
to command you , the said Constables, to take the said E.F. and him safely to
convey to the said Victoria Gaol and there deliver him to the said Superintend
ent thereof, together with this precept; and you, the said Superintendent of
1268 MAGISTRATES .
[ 10 of 1890. ]
the said Gaol to receive the said E.F. into your custody in the said Gaol
there to imprison and safely keep him until after the trial of the said A.B.
for the offence aforesaid , unless in the meantime such E.F. shall duly enter
into such recognisance as aforesaid in the sum of $ before a Magistrate
of the said Colony conditioned in the usual form to appear at the next Criminal
Sessions of the Supreme Court ( or as may be) and there to give evidence
upon the trial of the said A.B. for the said offence, if an information should
be filed against him for the same.
[ Seal. ]
( Signed ),
A Magistrate, & c.
FORM LXXV .
Subsequent Order to discharge the witness.— ( Section 75. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG ,
To the Superintendent of the Victoria Gaol in the said Colony.
Whereas by (my) order dated the day of instant, reciting
that A.B. was lately charged before (me) for a certain offence therein mentioned,
and that E.F. having appeared before (me), and being examined as a witness
for the prosecution in that behalf, refused to enter into a recognisance to give
evidence against the said A.B., and I therefore thereby committed the said
E.F. to your custody, and required you safely to keep hin until after the trial
of the said A.B. for the offence aforesaid, unless in the meantime he should
enter into such recognisance as aforesaid : And whereas for want of sufficient
evidence against the said A.B , the said A.B. has not been committed or holden
to bail for the said offence, but on the contrary has been since discharged,
and it is therefore not necessary that the said E.F. should be detained longer
in your custody. These are therefore to order and direct you , the said
Superintendent to discharge the said E.F. out of your custody as to the said
commitment, and suffer him to go at large.
Dated the day of 18
[ Seal .]
(Signed ),
A Magistrate, & c .
FORM LXXVI.
Warrant remanding an accused .- (Sec. 70.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To each and all of the Constables of the said Colony and to the Superin
tendent of the Victoria Gaol, Hongkong, aforesaid .
MAGISTRATES . [ 10 of 1890. ] 1269
Whereas A.B. was this day charged before the undersigned, a Magistrate
of this Colony for that (&c., as in thenarrantto apprehend ); and it appears
to me to be necessary to remand the said A.B .: these are therefore to command
you, the said Constables in Her Majesty's name forth with to convey the said
A.B. to the said Gaol and to deliver him to the Superintendent thereof,
together with this precept ; and you,the said Superintendent, to receive the
said A.B. into your custody in the said Gaol, and there safely keep him until
the day of instant, when I hereby command you to have him
at the said Police Court, at o'clock in the noon of the same day,
before me, to answer further to the said charge, and to be further dealt with
according to law, unless you shall be otherwise ordered in the meantime.
Dated the day of 18
[ Seal .]
( Signed),
A Magistrate, & c.
FORM LXXVII.
Recognisance of bail instead of remand , on an adjournment
of examination .- ( Sec. 70. )
IN THE POLICE COURT AT VICTORIA IN TIIE COLONY
OF HONGKONG .
On the day of 18 > A.B. of
L.M. of and N.O. of
personally came before me, a Magistrate of the said Colony and severally
acknowledged themselves to owe to our Lady the Queen the several sums
following ; that is to say , the said A.B. the sum of
and the said L.M. and N.O. the sum of each , of good and lawful
currency of the said Colony to be made and levied of their several goods and
chattels, lands and tenements respectively, to the use of our Sovereign Lady
the Queen, Her Heirs and Successors, if he the said A.B. fail in the condition
endorsed .
Taken and acknowledged , the day of 18 , aa t
before me.
[ Seal.]
( Signel),
A Magistrate, & c.
Condition .
The condition of the within -written recognisance is such , that whereas the
within bounden A.B. was this day (or on last past) charged
before me, for that ( & c., as in the warrant ) : and whereas the examination of
the witnesses for the prosecution in this behalf is adjourned until the
day of instant ;; if therefore the said A.B. shall appear before me
on the said day of instant, at o'clock in the noon , or
before such other Magistrate as may then be there, to answer ( further) to the
said charge, and to be further dealt with according to law , then the said
recognisance to he voidl , or else to stand in full force and virtue.
1270 [ 10 of 1890. ] MAGISTRATES .
FORM LXXVIII.
Votice of such recognisance to be given to the accused and his
sureties.- ( Sec. 70. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Take notice, that you A.B. of are bound in the sum of
and your sureties L.M. and X.0 . in the sum of each , that you A.B.
appear before me, a Magistrate of the said Colony, on the day of
instant, at o'clock in the noon , at to answer further to the
charge made against you by C.D. and to be further dealt with according to
law ; and unless you A.B. personally appear accordingly , the recognisance
entered into by yourself and sureties will be forth with levied on you and them.
Dated the day of 18 .
[ Seal.]
(Signel),
A Magistrate, & c.
FORM LXXIX .
Recognisance of Bail.-( Sec. 95. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONG KONG .
On the day of 18 A.B. of
L.M. of and N.O. of
personally came before (me) the undersigned, a Magistrate of the said Colony,
and severally acknowledged themselves to owe to our Sovereign Lady the
Queen the several sums following ; ( that is to say ), the said A.B. the sum of
and the said L.M. and N.O. the sum of each , of
good and lawful money in the currency of the said Colony to be made and
levied of their several goods and chattels, lands and tenements respectively,
to the use of our said lady the Queen , Her Heirs and Successors, if the said
A.B. fail in the condition endorsed . Taken and acknowledged , the day and
of 18 , at before me.
[ Seal.]
( Signed ),
A Magistrate, & c.
Condition in ordinary cases.
The condition of the within written recognisance is such, tbat whereas the
said A.B. was this day charged before the within mentioned Magistrate for
that ( &c., as in the warrant ); if therefore the said A.B. will appear at the
next Criminal Sessions of the Supreme Court ( or as may be ), and there
surrender himself into the custody of the Superintendent of the Victoria
Gaol, Hongkong, aforesaid there, and plead to such information as may be
filed against him by the Attorney General of this Colony, for or in respect of
the charge aforesaid, and take his trial upon the same, and not depart the
said Court without leave, then the said recognisance to be void , or else to
stand in full force and virtue.
1271
MAGISTRATES. [ 10 of 1890. )
FORM LXXX .
Notice of the said recognisance to be given to the accused and
his bail.- ( Sec. 95.)
IN THE POLICE COURT AT VICTORIA IN THE Colony
OF HONGKONG .
Take notice that you A.B. of are bound in the sum of
and your sureties L.M. & N.O. in the sum of
each, that you A.B. appear, ( & c., as in the condition of the recognisance ),
and not depart the said Court without leave ; and unless you the said A.B.
personally appear and plead, and take your trial accordingly, the recognisance
entered into by your sureties shall be forth with levied on you and them .
Dated this day of 18
[ Seal.]
( Signel),
A Magistrate ,' & c.
FORM LXXXI.
Certificate of consent to bail by the committing Magistrate indorsed
on the commitment.— (Sec. 95. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
I hereby certify, that I consent to the within -named A.B, being bailed by
recognisance himself in and (two) sureties in ( each .)
[ Seal .]
( Signed ),
A Magistrate, & c.
FORM LXXXII .
Warrant of deliverance on bail being given for a prisoner already
committed .- ( Sec. 96.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
To the Superintendent of the Victoria Gaol, Hongkong, aforesaid , A.B.
late of coolie, hath before (me ) a Magistrate of the said
Colony, entered into his own recognisance, and found sufficient sureties, for
his appearance at the next Criminal Sessions of the Supreme Court (or as
may be) to answer our Sovereign Lady the Queen for that ( &c., as in the
commitment), for which he was taken and committed to your said Gaol.
These are therefore to command you, in Her Majesty's name, that if the said
A.B. do remain in your custody in the said Gaol for the said calise , and for
no other, you shall forth with suffer him to go at large.
Dated the day of 18
[ Seal.]
(Signed ),
A Magistrate, & c.
1272 [ 10 OF 1890. ) MAGISTRATES .
PART IV . - FORMS FOR INDICTABLE OFFENCES
TRIABLE SUMMARILY .
FORM LXXXIII.
Summary conviction for indictable offences.- [ Secs. 80, 81 (3). ]
IN THE POLICE COURT AT VICTORIA IN TIIE COLONY
OF HONGKONG .
Before J.P., Esquire, a Magistrate of the said Colony, sitting at the said
Police Court.
The day of 18
A.B. (hereinafter called the defendant ), having been charged for that he
on the day of at (state offence ) and the
Magistrate having determined to try case sun ummarily ;; the defendant is
this day convicted of the said offence, and it is adjudged that he do pay (or
that he be imprisoned, insert particulars) for his said offence ( proceed as in
ordinary forms of summary conviction ).
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, &c.
FORM LXXXIV.
Order of dismissal where an indictable offence has been tried
summarily .— [ Sec. 81 (4). ]
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Before J.P. , Esquire, a Magistrate of the said Colony,
A.B. ( hereinafter called the defendant) having been charged on the in
formation of for that he on the day of
18 >
at (state offence ) and the Magistrate
having determined to try the case summarily ; And the matter of the said
charge having been duly considered by the said Magistrate, it manifestly
appears to him that the said charge is not proved : therefore the said inform
ation is hereby dismissed : and it is ordered that the informant pay to the
defendant the sum of for costs forth with ( or on the day of ).
And if default is made ( proceed as in a conviction for fine to be levied
by distress ).
[ Seal.]
( Signed ),
A Magistrate, & c .
PART V. - APPEAL FORMS .
FORM LXXXV.
Application to Magistrate to state a case.-(Sec . 99.)
IN TIIE POLICE COURT AT VICTORIA IN THE COLONY
OF HOXGKONG .
To J.P., Esquire, a Magistrate of the said Colony.
In the matter of an information (or complaint) wherein (I the undersigned )
C.D. was informant ( or prosecutor or complainant) and A.B. was defendant,
heard and determined before you at the said Police Court on the
day of :
MAGISTRATES . [ 10 of 1890. ] 1273
Being dissatisfied with your deterinination upon the hearing of the above
information ( or complaint) and being aggrieved thereby as being erroneous
in point of law ( or as the case may be ) I hereby pursuant to section 99 of “ The
Magistrates Ordinance, 1890,” make application to you to state and sign a
case setting forth the facts and ground of such your determination in order
that I may appeal therefrom to the Supreme Court.
Dated the day of 18
( Signed ), C.D. of & c .
FORM LXXXVI.
Magistrate's Certificate for leave to appeal by way of re-hearing.
( Sec . 104. )
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
Whereas on the day of 18 > an information ( or
complaint) preferred by C.D. against A.B. of (hereinafter called the
defendant) for that ( & c., as in the information complaint or summons ), was
heard and determined by me the undersigned a Magistrate of the said Colony
and the defendant was before me duly convicted of the said offence and was
adjudged (or the defendant was ordered to pay the said C.D. the sum of ),
( here state the adjudication of fine sum or imprisonment and costs as in a
conviction or order or if dismissed ) ;and thereupon the said information (or
complaint) was dismissed and if so the said C.D. was ordered to pay to the
defendant the sum of for his costs incurred by him in his del'ence in
that behalf (conclude as in the order of dismissal ).
And whereas the defendant (or C.D. ) being dissatisfied with the said
determination and alleging that he is aggrieved thereby as being erroneous
in point of fact and hath applied to me pursuant to section 104 of “ The
Magistrates Ordinance, 18 ," for leave to appeal to the Full Court by way
of re-hearing. Now I do hereby certify that I have granted such leave
accordingly.
Dated the day of 18
[ Seal.]
(Signed ), >
A Magistrate, &c.
FORM LXXXVII .
Magistrate's Certificate of refusal to state or amend case or
grant leave to appeal.- (Sec. 108.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF Hongkong .
( Commence as in the last form down to the end of the first recital and
then continue as follows) :
And whereas the defendant (or C.D.) being dissatisfied with the said
determination and alleging that he is aggrieved thereby as being erroneous
in point of law (or fact ) hath applieri to me pursuant to section 99 ( or section
104) of “ The Magistrates Ordinance, 18 to state and sign a case setting
1274 [ 10 of 1890.] MAGISTRATES .
forth the facts and ground of such determination in order that he may appeal
to the Suprenie Court (or to grant leave of appeal to the Supreme Court) ;
( and if so and whereas on the day of 18 > I stated and signed
à case accordingly but the defendant (or C.D.) is dissatisfied with the way
in which I have so stated such case and has pursuant to section 101 of the
said ordinance duly applied to me to amend the same by ( here state what
amendment is desired ). Now I being of opinion that the application of the
defendant (or C.D. ) is merely frivolous have refused to state such case (or to
grant such leave to appeal or now I having refused to amend such case) of
which refusal the defendant (or C.D. ) hath requested me to sign and deliver
him a certificate : Now therefore I the said Magistrate pursuant to section
108 of the said ordinance do hereby certify that I am of opinion that the
application of the defendant ( or C.D. ) as aforesaid is merely frivolous and
that I have refused to state a case accordiugly in order that he may appeal
therefrom to the Full Court (or that I have refused to grant leave to appeal
to the Supreme Court or to amend such case) .
Dated the day of 18
[ Seal.]
( Signed ),
A Magistrate, & c.
FORM LXXXVIII.
Case stated by a Magistrute.- (Sec. 99.)
IN THE SUPREME COURT OF HONGKONG .
Appellate Jurisdiction.
Between A.B., Appellant,
and
C.D., Respondent.
This is a case stated by the undersigned, a Magistrate of the Colony of
Hongkong under " The Magistrates Ordinance, 18 for the purpose of
appeal to the Supreme Court on questions of law which arose before me as
hereinafter stated :
1. At the Police Court at Victoria in this Colony on the day
of an information (or a complaint ), preferred by C.D. (hereinafter
>
called the Respondent) against A.B. (hereinafter called the Appellant) (or
as the case may be) , under section of the (state the ordinance or
statute as the case may be) charging, for that he the Appellant (& c ., stating
the offence or cause of complaint), was heard and determined by me, the said
parties respectively being then present; and upon such hearing the Appellant
was duly convicted before me of the said offence, and it was adjudged that
he should pay (or, and upon such hearing the Appellant was by me ordered
to pay ) the Respondent the sum of I ( here state the adjudication of
fine, sum or imprisonment and costs as in a conviction, or an order ).
( Or, if dismissed : and upon such hearing the said information or
complaint) wasto dismissed
ordered to pay by me,
the Respondent theand,
sum [if
of so] for
, the Appellant was
his costs incurred
by him in his defence in that behalf, conclude as in an Order of
Dismissal ).
2. And whereas the Appellant, being dissatisfied with my determination
upon the hearing of the said information or (complaint ), and alleging himself
to be aggrieved by such determination as being erroneous in point of law
MAGISTRATES . ( 10 of
OF 1890. ] 1275
hath pursuant to section 99 of “ The Magistrates Ordinance, 18 , " duly
applied to me in writing to state and sign a case setting forth the facts and
the grounds of such determination as aforesaid , in order that he may appeal
to the Full Court, and hath duly entered into a recognisance as required by
the said ordinance in that behalf :
( If the case is stated in obedience to a rule under section 109 recite the
refusal and the granting of such rule as follows, but I being of
opinion that the application of the appellant was merely frivolous,
refused to state and sign such case, and at his request signed and
delivered to him a certificate of such refusal: and whereas the Full
Court has since granted a rule calling upon me to state such case) :
3. Now, therefore, I the said Magistrate, in compliance with the said
application (or in obedience to the said rule and order of the Full Court and
the provisions of the said ordinance (if more facts are introduced than proved
and by consent of the said parties ), do hereby state and sign the following
case .
4. Upon the hearing of the information (or complaint) it was proved on
the part of the (Respondent), and found as a fact, that ( here state so much
of the evidence given and of the facts as are necessary to raise the point of
law in question ) .
5. ( State here any of the following paragraphs according to circum
stances ). It was admitted by the appellant that the said proceedings had
before me were legal and regular, and that if (according to circumstances)
the said conviction (or order) was properly made.
6. It is also an admitted fact, that
7. It was further stated, on behalf of the respondent and admitted by the
said appellant, that
8. For the purpose of enabling the said Court to determine the said questions
raised between the said parties, the following further facts were stated and
agreed upon between them , viz. :
( stating them ).
9. ( If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph ) :-It is agreed that if either party shall wish to
refer to
( a document or book) pot set out in the body of this case, such party shall
be at liberty so to do, and that for this purpose the said (document or book )
shall be taken so far as it relates to the said > to form part of
this case .
10. It was contended on the part of the (appellant ), that (here state the
legal objection or objections to thefindings on thefacts taken by the defend
ant or his counsel ).
11. I, however, being of opinion that ( here state the grounds upon which
the Magistrate came to his determination, as) , that the evidence given before
me brought the case within the operation of the said section of the
ordinance (or statute or as the case may be, the dismissal of the information
or complaint, rejection of evidence offered, &c.) gave my determination
against the appellant in the manner before stated .
( If it is desired to refer to a portion of the evidence by consent insert
following paragraph .) * ( " Insried by
mistake see
12. The questions of law arising on the above statement for the opinion par. 9.]
of this Court therefore are 1st whether &c., 2nd whether &c.
Dated the day of 18
[ Seal . ]
(Signed),
A Magistrate, & c.
1276 [ 10 of 1890. ) MAGISTRATES.
FORM LXXXIX.
Recognisance of appeal.— (Sec. 107.)
IN THE POLICE COURT AT VICTORIA IN THE COLONY
OF HONGKONG .
( The form of recognisance will be the same as in form XXVIII. supra
but the condition endorsed will be as follows ):
The condition of the within written recognisance is such that if the within
bounden shall without delay prosecute a certain appeal to the Supreme
Court from a conviction (or order) of J.P., Esquire, a Magistrate of this
Colony, bearing date the day of whereby (here
state effect of conviction or order ) and further shall abide by and duly
perform the order of the Supreme Court to be made upon the hearing of such
appeal and shall pay such costs as may be awarded by the said Court ( add
if appellant is liberated from custody ) and further if the said
shall submit to the judgment of the said Court and shall within ten
days from the date thereof appear before a Magistrate of this Colony to abide
by the said judgment in case such conviction ( or order) is not quashed , set
aside or reversed ) then the within written recognisance shall be void but
otherwise shall remain in full force.
FORM XC .
Order to bring up appellant in custody to enter into recognisance
for appeal.- (Sec. 107.)
IN THE POLICE COURT AT VICTORIA IN the COLONY
OF HONGKONG .
To the Superintendent of Victoria Gaol, Hongkong, aforesaid .
You are hereby ordered to bring A.B. now in your custody, before the
undersigned a Magistrate of the said Colony or such Magistrate as may then
be sitting at the said Police Court on the day of
at the hour of in the noon , that he may enter into a
recognisance with suret conditioned to appear and try an appeal
from the conviction (or order) dated the day of of
the undersigned (or J.P., Esquire,) a Magistrate of the said Colony, sitting
at and may be thereupon, if the Magistrate thinks fit,
released from your custody.
Dated the day of 18
[ Seal . ]
( Signed ),
A Magistrate, &c .
FORM XCI.
Certificate of Registrar of the Supreme Court that the costs of an
appeal are not paid.—(Sec. 112. )
REGISTRY, SUPREME Court, HongKONG.
( Title of the appeal.)
I hereby certify that at the sitting of the Full Court on the day of
last past, an appeal by A.B. against a conviction (or order) of
J.P. , Esquire, a Magistrate of this Colony, came on to be tried, and was then
heard and determined, and the Fuil Court thereupon ordered that the said
conviction ( or order ) should be confirmed (or quashed) , and that the said
( appellant) should pay to the said ( respondent) the sum of
for his costs incurred by him on the said appeal , and which sum was thereby
MAGISTRATES . 1277
[ 10 of 1890. ]
ordered to be paid to me the undersigned on or before the day of
instant, so be by me handed over to the said (Respondent) ; and I
further certify that the said sum for costs has not, nor has any part thereof,
been paid in obedience to the said order.
Dated the day of 18
[ Seal.]
(Signed ),
( Deputy ) Registrar of the Supreme Court.
Third Schedule Rules.- (Sec. 126.)
Summary Proceedings.
1. Where in pursuance of any ordinance or statute a Magistrate specially
directs the appropriation of a fine, the ordinance or statute under which the
appropriation is made shall be set forth in the register required to be kept in
pursuance of “ The Magistrates Ordinance, 18 (which is hereinafter in
these rules referred to as the ordinance) and authenticated by the signature
of one of the Magistrates.
2. The return referred to in section 30 sub -section 4 of the ordinance shall
contain the particulars required to be entered in the register. The Magistrate
signing any such return shall cause it to be delivered to the Magistrate's
clerk and he shall enter the return in the register.
3. The account to be rendered by the Magistrate's clerk of fines, fees and
other sums received by him under the ordinance shall be rendered quarterly
or at any less interval as may be directed by the Colonial Treasurer and shall
be in form 1 at foot of these rules.
4. All fines imposed by a Magistrate shall appear in the last mentioned
account in chronological order, and where payment is deferred or to bemadeby
instalments, the fact shall be shewn in the column healed “ Remarks.” When
the whole of the sum has been paid or recovered by distress, or the term of
imprisonment imposed in default of payment or of sufficientdistress has expired ,
the Magistrate's clerk shall then enter the sum in the account. Provided that,
though the whole of the sum may not have been paid or recovvered e , the
instalments received shall be accounted for at such times and in such manner
as the Colonial Treasurer may direct.
5. Where a Magistrate's clerk renders an account in the required or
authorised form to the authority to whom he is required to render it , he shall
not be required to render any other account relating to the same particulars.
6. The Magistrate's clerk shall enter on the day ofits receipt each sum of
money received by him on any account whatever. Each instalment so received
shall be entered in a book called the Instalment Ledger, to an account to be
opened in respect of the proceeding in which the sum is paid .
7. The Magistrate's clerk shall send on the 10th January, April, July and
October, in cach year, to the Colonial Secretary a certified statement in the
form 2 at foot of these rules of all fines which have been imposed by the
Magistrate during the previous three months, and which are payable wholly
or in part to the Colonial Treasurer. If no such fines have been imposed, the
statement shall be certified in blank .
8. Where a Magistrate has enforced payment of any sum due by a principal
in pursuance of a security under the ordinance which appears to the
Magistrate to be forfeited , the sum shall be paid to the Magistrate's clerk
and shall be paid and applied by him in the manner in which fines imposed
by a Magistrate in respect of which fines no special appropriation is made,
are payable and applicable.
9. Any security given under the ordinance by an oral or written acknow
ledgment, may be in the form of an undertaking.
1278 MAGISTRATES
[ 10 or 1890. ]
10. The Magistrate's clerk shall keep a security book, and shall enter
therein , with respect to each security given in relation to any proceeding, the
name and address of each person bound, shewing whether he is bound as
principal or as surety, the sum in which each person is bound , the undertaking
or condition by which he is bound, the date of the security, and the person
before whom it is taken . Where any such security is not entered into before
a Magistrate, or before the Magistrate's clerk, the person before whom it is
entered into shall make a return of it, shewing the above particulars to the
Magistrate's clerk. The security book , and any certified extract therefrom ,
shall be evidence of the several matters hereby required to be entered in the
security book in like manner as if the security book were the register.
11. Not less than two clear days before a warrant of distress is issued for
a sum due by a principal in pursuance of a forfeited security under this
ordinance, the Magistrate's clerk issuing the warrant shall cause notice of the
forfeiture to be served on the principal. Service of the notice may be effected
either by prepaid letter sent to the address mentioned in the security, or as
service of a summons may be effected under the ordinance.
12. An application under section 51 of the ordinance shall be an application
for a summons requiring the complainant to shew cause why the order made
on his complaint should not be varied .
13. When an order of commitment for non -payment of money is issued,
the defendant may , at any time before he is delivered into the custody of the
gaoler, pay to the officer holding the order the amount indorsed thereon as
that on the payment of which he may be discharged, and on receiving that
amount the officer shall discharge the defendant, and shall forthwith pay over
the amount to the Magistrate's clerk .
14. The sum indorsed on the order of commitment as that on payment of
which the prisoner may be discharged may be paid to the Magistrate's clerk
or to the gamler in whose custody the prisoner is. Where it is paid to the
clerk, he shall sign a certificate of the payment, and upon receiving the
certificate by post or otherwise, the gaoler in whose custody the prisoner
then is shall forth with discharge the prisoner. Where it is paid to the gaoler,
he shall, on payment to him of that amormt, sign a certificate of the payment
and discharge the prisoner and forth with transmit the sum so received to the
Magistrate's clerk .
15. All costs incurred by the plaintiff or complainant in endeavouring to
enforce an order shall unless a Magistrate otherwise order be enforceable by
warrant of distress and sale or by imprisonment not exceeding six weeks
unless the same be sooner paid .
Appeal.
16. In all cases of appeal to the Full Court on questions of law under Part
VII . of the ordinance the party setting down the appeal for argument shall
at the time of setting down the appeal for argument and when the appeal is
to be heard before two Judges, furnish the Registrar with an additional copy
of the case stated and of the deposition ( if any) attached thereto ; and if he
fail so to do, the other party to such appealmay on the day following deliver
such copy as ought to have been delivered by the party making default; and
the party making default shall not be heard until he shall have paid for such
additional
such copy
copy or deposited with the Registrar a sufficient sum to pay for
.
17. Every case stated under Part VII. of the ordinance shall be divided
into paragraphs which as nearly as may be shall be confined to a distinct
portion of the subject and every paragraph shall be pumbered consecutively .
18. The costs of drawing and copying any such case as aforesaid which
does not in substance comply with the requirements of rule 17 shall not be
allowed on taxation unless the Full Court or the Judge before whom the
appeal is heard specially so directs.
1.
FORM
.HONGKONG
VICTORIA
AT
COURT
POLICE
THE
IN
portions
the
and
appropriatio
their
received
,sother
or
imposed
money
of
sums
nd
ahowing
fees
fines
all
Account n
the
for
Treasurer
Colonial
the
to
payable ending 18
wfor
arbyemittance
ith
prescribed
him
forthwith
,at
time
the
Colonial
Treasurer
forwarded
to
transcript
A
be
him
.
to
payable
amount
P ENALTIES
cFINES
.,& c.
,&
FEES
Appropriation
. .
Appropriation
of
Name
Date
Nature
by
person
Date Deductions
of
fine
whom Deduct to
Payable when
re
of to
other fees
Net
fee
or pay offence Amount
com- Payable ions
,when Police ceived
re
order able
( nd
mittal
pro-
or
fine
of Tota
fine
Net l payable
.made
Payable
the
to
levied
a,not .feesable of
service ,
persons maining
i
iceeding
iany fmposed
Colonial
fine
if
other
to
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to
pay to Summons
including
due
, ost
lColonial
imposed
.) Police
. by Trea
to Magis-
execution
Trea lost
d
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persons committal
Trea
REMARKS.
commit .
surer trate'
War-
of s
surer
. o
.&
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,& clerk . r
c.tal
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(1) (2) 6)(719810 )(132 )1( 4 )(165
MAGISTRATES.
(
5
)
)
4
(
(
)
2
$ $ .
c $ .
c C. .
c .
c C. $ C. $0.
Appendix of Forms.
c
.
.
c
( 10 of 1890. ]
1279
1280
FORM
.
2
Court
POLICE
THE
IN
Victoria
At
COLONY
HONGKONG
OF
.IN
[ 10 OF
,ofenalties
ipReturn
c.,fines
&
during
quarter
the
ending mposed 18
the
that ertify
statement
is
following
of orrect
penalties
and
fines
all
during
imposedl
above
quarter
cthis
at
stated
aIPolice
are
Court
in hich
either
payable
wholly
Majesty
Her
to
part
Colonial
the
Treasury
forfeitures
aor
of
tall
whend
,also
proceeds
of 1890. ]
similarly
are
which
of
total
,the
$payable
being
amount
.
Clerk
Magistrate's
received
whom
.By
Ordin has
fine
the
where fine
If
been
has
or ance cases
In
Date
Name
of
of
Amount the
,and
paid
been
not remitted
to
already Particulars
Statu
underte Colonial
Treasury
,
person the
which
fine committed
been
has
person as
to
any REMA
. RKS
18 .fine to
state forfeiture
.
.
fiucd of
sdate
, tate sent
whom
.
inflic
was ted prison
to
. .
date
and
committal
(1) (2) (3) (1) (5) (6) (7) (8)
MAGISTRATES .
MAGISTRATES. [ 10 of 1890. ) 1281
WOMEN AND GIRLS'' PROTECTION . [ 11 of 1890. ]
FOURTH SCHEDULE .- Sec. 80.
List of offences excluded from Summary Jurisdiction.
Any offence which is punishable with death ;
Any offence (except Burglary) which is punishable with imprisonment and
hard labour for life ;
Any offence which is committed within the jurisdiction of the Admiralty ;
Any felony mentioned in Ordinance No. 1 of 1868, ( Suppression of Piracy );
Misprison of Treason ;
Any offence against the Queen's title, prerogative, person , or Government;
Blasphemy and offences against religion ;
Perjury and subornation of perjury ;
Making or suborning any other person to make a false oath, affirmation, or
declaration punishable as perjury, or as misdemeanour ;
Any offence against any provision of the laws relating to bankrupts ;
Composing, printing, or publishing blaspheinous, seditious, or defamatory
libels ;
Defamation ;
Bigamy ;
Bribery ;
Arson ;
Forgery, (except cases under section 24 of Ordinance No. 6 of 186.5 of
forging, altering, offering, uttering, disposing of or putting off, knowing the
same to be forged or altered, any undertaking, warrant, order, authority or
request for the payment of money or for the delivery or transfer of any goods
or chattels, where the amount of such money, or the value of such goods or
chattels does not exceed $50).
Stealing or fraudulently taking or injuring or destroying records or docu
ments belonging to any Court of Record or relating to any proceeding therein .
Stealing, or fraudulently destroying or concealing wills or testamentary
papers or any document or written instrument being or containing evidence
of the title to any lands, or any interest in lands, tenements, or hereditaments ;
Or any offence committed by trustees, agents, bankers, or factors and
mentioned in any section between the sixtieth and seventy-first sections (both
inclusive ) of the Ordinance No. 7 of 1865 (Larceny.)
No. 11 of 1890.
An Ordinance to amend and consolidate the law rela- Title.
ting to the protection of Women and Girls.
[23rd July, 1890. ]
HEREAS it is expedient to amend and consolidate the Preamble.
law relating to the protection of women and girls :
*
PRELIMINARY .
1. This ordinance may be cited as The Women and Girls' Short title.
Protection Ordinance, 1890 .
1282 [ 11 OF 1890. ] WOMEN AND GIRLS' PROTECTION.
Interpreta 2. In this ordinance the following words and expressions
tion ,
shall have or shall include the meanings respectively set against
them unless such meanings be repugnant to or inconsistent
with the context .
Brothel means a house, room , junk, boat or other place
occupied, frequented or used by any two or more
women for the purpose of prostitution.
Inmnite of a brothel means any woman or girl residing in a
brothel or being in a brothel at any time for the pur
pose of prostitution .
Ouner of a brothel ineans the person for the time being
receiving the rent or a consideration for the use of a
brothel whether on his own account or as agent or
trustee for any other person or who would receive
the same if such place were let to a tenant.
Keeper of a brothel means the person who has the charge
or management of the brothel , and in the absence of
proof to the contrary a person who appears to be in
charge of a brothel or to have authority therein shall
be deemed to be the keeper thereof.
PART I.
OFFENCES .
4. Any person who
Abduction of ( 1. ) Takes part in bringing into or taking away from the
any woman
or girl with Colony any woman or girl fürfor the purpose of pros.
intent, & c .
( Ord. No. 19
titution either by force intimidation or fraud or
of 1889, 8. 4. ] with intent to sell pledge or let out for hire any
such woman or girl for the purpose of prostitution
Selling, ( 2. ) Sells pledges or lets out to hire or purchases or takes
pledging,pur.
chasing, & c. part in such sale disposal or purchase of any woman
[ 1 bid .) or girl for the purpose aforesaid ; or
Participating ( 3. ) Knowingly derives any profit from the sale disposal
in profits of
sale, &c. or purchase of any woman or girl so sold pledged
[ Ibid .) let out to hire or purchased as aforesaid ,
shall be guilty of аa misdemeanour , and on conviction thereof,
shall be liable to the punishment hereinafter provided.
Procuration 5. Any person who procures or attempts to procure any
of girls under *
16. girl under sixteen years of age to have, either within
[ Ibid. s. 5
see 48 &
or without the Colony unlawful carual connexion with any
and ice2.969.
49 .c , other person , shall be guilty of a misdemeanour, and on con
2. ) 14 of
8.( No. viction thereof shall be liable to the punishment hereinafter
1891.1 provided.
WOMEN AND GIRLS' PROTECTION . [ 11 of 1890. ) 1283,
6. Any person who carnally knows or attempts to have Defilement of
carnal knowledge of any unmarried girl being of or above the girl between
age of twelve years and under the age ofsixteen, shall be guilty [years of age.
Comp. 48 &
of a misdemeanour and on conviction thereof shall be liable to ownl: 469
the punishment hereinafter mentioned. Provided that where s.No.5 and Ord. ,
both parties are Asiatics a girl shall not be deemed unmarried s24.] of 1865,
within the meaning of this ordinance if she is duly inarried
according to the laws and customs of the native couutry of the
girl. Provided also it shall be a sufficient defence to any charge
under this section , if it shall be made to appear to the Court or
jury before whom the charge shall be brought that the person
so charged had reasonable cause to believe that the girl was of
or above the age of sixteen years. Provided also that no pro
secution shall be commenced for an offence under this section
more than three inonths after the cominission of the offence.
7. Any person who brings, leads, takes, decoys or entices Bringing
into the Colony for the purpose of prostitution any woman or girls into the
girl knowing that such woman or girl has been sold pledged ing Colony
themknow
to
let out to hire or purchased, shall be guilty of a misdemean- havebeen
our, and on conviction thereof shall be liable to the punish- solda
[ Ord. No. 19
ments hereinafter provided . of 1889, s. 6. ]
8. Any person who
( 1. ) By force intimidation or fraud, or by detention or Detaining or
threatened letention of property or wearing apparel xirls for
or by threatening legal proceedings if such property or prostitution.
wearing apparel be raken away or by threatening Thid, & 10.) ss. 7
legal proceedi for the reco
alleged debt orngsby using any very
of any debt or No 14of
other threat whatever 1891. ]
imprisons or detains or attempts to detain any woman
orgirl against her will either in a brothel or in any
place with the intent that she may practise prostitution
or for any immoral purpose, or for the purpose of
emigration
( 2. ) By threats, intimidation, false pretence, false re
presentations or other fraudulent means procures
or attempts to procure any woman or girl to have
any illicit carnal connexion either within or with
out the Colony
shall be guilty of a misdemeanour and on conviction thereof,
shall be liable to the punishments hereinafter provided.
9. Any person who knowingly receives or harbours any Receiving or
woman or girl brought into or about to be taken away from harbouring
with intent,
the Colony either by force intimidation or fraud, or who re- &c.
ceives or harbours any woman or girl with intent that such [Ibid. s. 8. ]
woman or girl should be sold pledged let out to hire or pur
1284 [ 11 of 1890. ] WOMEN AND GIRLS ' PROTECTION .
chased for the purpose of prostitution, either within or without
the Colony, shall be guilty of a misdemeanour, and on conviction
thereof, shall be liable to the punishment hereinafter provided.
Receiving or 10. Any person who receives or harbours any girl under
harbouring
procured girls the age of sixteen years knowing that such girl has been
under 16 with procured for the purpose of having illicit carnal connexion with
women or
any other person and with intent to aid such purpose or who
girls knowing receives or harbours any woman or girl knowing that such
been sold for
woman or girl has been sold pledged or let out to hire or
prostitution;
] purchased, either within or without the Colony, for the purpose
of prostitution, and with intent to aid such purpose, shall be
guilty of a misdemeanour, and on conviction thereof, shall be
liable to the punishments hereinafter provided.
Decoying
women or
11. Any person who by force, intimidation, or any fraudulent
girls into or means brings , leads, takes, decoys, or entices any woman or
away from
the Colony girl into or away from the Colony, for the purpose of emigra
[Ibid. 8. ii.) tion , shall be guilty of a misdemeanour, and on conviction
thereof, shall be liable to the punishment hereinafter provided .
Punishment
12. Every person convicted of any offence against the
[forIbid. 5. 12.) provisions of any of sections 4 to 11 of this ordinance, shallbe
liable to be imprisoned for any term not exceeding two years
with or without hard labour. Provided always that if the case
is determined by a single Magistrate instead of being in his
discretion sent for trial he shall not impose a heavier sentence
than one year's imprisonment with or without hard labour
and that where there appears a necessity for aa heavier sentence
the case shall be determined by two Magistrates or committed
for trial at the Supreme Court.
Punishment 13. Whenever any person shall be convicted either sum
on second and marily or before the Supreme Court of any offence against the
subsequent provisions of sections 4 to 1l of this ordinance, if it shall be
[Ibid.5.13.)
8. proved that the offender has been previously convicted either
summarily or before the Supreme Court, of an offence under
the same or any other of the said sections of this ordinance, or
under the corresponding provisions of any ordinance hereby
repealed , it shall be lawful for the Magistrate or Court, in its
discretion , to direct that, in addition to the punishment herein
before prescribed, the offender, if a male, be once privately
whipped, subject to the provisions contained in sections 3 and
4 of Ordinance No. 16 of 1887, and all the provisions of section
94 of Ordinance No. 7 of 1865 , relating to the form of in
formation for a subsequent offence and proceedings thereon,
sball apply to offences punishable under this ordinance.
1285
WOMEN AND GIRLS' PROTECTION . [ 11 of 1890. )
PART II . * [ * See No. 14
of 1891, s. 4.]
POWERS OF REGISTRAR GENERAL .
14. Whenever the Registrar General shall have reason to Registrar
Powers of
believe General,
( see lbid , s.
( 1. ) That any woman or girl has been brought into the 14.9
Colony either after having been purchased or by fraud, mis
representation or any false pretence, -
( a .) for iminoral purposes, or
( 1. ) for purposes of emigration ,
6.)
( 2. ) That any woman or girl has been purchased in the
Colony with a view of being trained or disposed of as a pros
titute, or is being detained against her will
( a .) for immoral purposes, or
( 6. ) for purposes of emigration ,
( 3. ) That in any case within sub-section 1 or 2 any woman
or girl from fear ignorance or any other cause is unwilling or
unable to disclose the true circumstances of the case.
He may inquire into the case and may require any person in Enquiry and
whose custody or under whose control she appears to be to order for
furnish a photograph of such woman or girl and security in a and security.
reasonable amount to the satisfaction of the RegistrarGeneral
that such woman or girl shall not leave the Colony without the
previous consent in writing of the Registrar General and shall
not be trained or disposed of as a prostitute or for immoral
purposes, and that she shall be produced before the Registrar
General whenever he requires it.
15. In default of such photograph and security being fur- Removal of
nished the Registrar General may by warrant under his hand women orofgirl
and seal order that such woman or girl be removed to a place default
safety inof
of safety where she shall remain until she can be returned to photograph
the place whence she was brought or otherwise proper provision and security.
can be made for the protection of her interests and liberty.
The security to be furnished under this section shall be a
personal bond , with one or more sureties in the form specified
in the schedule B appended hereto, or in such other form as is
for the time being prescribed by the Governor in Council .
16. ( 1. ) The Registrar General if after due enquiry he is Order for
satisfied that any girl is being used for immoral purposes or is place
removal to
of safety
being trained for such purposes and that such girl is under the after
age of sixteen years may by warrant under his hand and seal where satis
order such girl to be removed to a place of safety where she being
underused
16 is
shall remain until further order or until she attains the age of for immoral
nineteen years or marries or is adopted , whichever first happens. purposes.
1286 ( 11 of 1890. ) WOMEN AND GIRLS' PROTECTION.
(2.) A girl found living in or frequenting a brothel shall be
deemed to be a girl who is being trained for immoral purposes.
Place of 17. It shall be lawful for the Governor in Council out of
safety .
[Ord.No. 19 moneys to be provided by the Legislative Council for that pur
of1889,s.24.) pose to provide a suitable building or buildings for the purposes
of temporarily housing and maintaining women and girls
detained under the provisions of this part of the ordinance and
as the Asylum for them during such detention.
Rules for
women and 18. ( 1.) Every woman or girl residing in the Asylum shall
girls in be subject to such rules and regulations as may be made by the
Asylum . Governor in Council, and every woman or girl who contrary to
[ See Ibid.
S. 25. ] such rules and regulations leaves any place in which she is
residing may be arrested and taken back to such place by any
Police officer or by any officer appointed under this ordinance
and specially authorised by the Registrar General in writing in
that behalf.
( 2. ) Any person who induces or assists any woman or girl
so detained as aforesaid to leave contrary to such rules and
regulations as aforesaid the place in which she is residing or
knowingly harbours any such woman or girl shall upon con
viction before a Magistrate be liable to a fine not exceeding one
hundred dollars or to imprisonment with or without hard labour
not exceeding three months.
Recovery of 19. In any suit or action which may hereafter be entered for
eums due on
promise or
agreement
the recovery ofany sum due on any promise or agreement which
already before the 13th April , 1887 ( being the date of Ordinance No.
en tered into. 9 of 1887 ) has been entered into before the Registrar General
[Ibid.s.26.] with respect to the custody, maintenance or giving in marriage
of any female child , it shall not be necessary for the plaintiff in
such suit or action to allege or to prove that any consideration
was given for the said promise or agreement, and it shall not be
competent for the said defendant to allege in defence that the
Registrar General had no authority or power to require such
promise or agreement from him , or that no consideration was
given for the same.
Operation of
Part II .
20. This part of the ordinance shall only continue in oper
ation for a period of two years from the coming into operation
of this ordinance or such further period or periods as may from
time to time be determined by resolution of the Legislative
Council.
PART III.
REGISTRATION AND REGULATION OF BROTHELS.
Registration
of brothels.
21. ( 1. ) No brothel shall be kept nor shall any place be
[ Ibid. s. 27. ] used as a brothel unless the same shall be registered under this
ordinance in the manner prescribed .
WOMEN AND GIRLS' PROTECTION. [ 11 of 1890. ] 1287
( 2. ) The keeper of a brothel shall be the person primarily Responsibi.
responsible for registering such brothel, but if no such regis, lity of keeper..
tration has been made by him , the owner of such brothel shall
be also responsible for the registration , and in default of such
registration the owner ( if he knowingly allows the place to be
used as a brothel) and the keeper shall be liable on conviction
by a Magistrate to imprisonment with or without hard labour
for a term not exceeding six months or to a fine not exceeding
two hundred and fifty dollars or to both. Provided that no
prosecution shall be commenced against the owner without the
fiat of the Attorney General.
( 3.) A brothel which is duly registered under this ordinance When brothel
shall not be deemed a public nuisance unless the same be so atobe deemed
public
conducted as to occasion an actual puisance but nothing herein nuisance.
contained shall deprive any person of any civil remedy which
he would otherwise be entitled to in respect of any such brothel.
( 4.) The Governor may from time to time by notification in Limits within
the Gazette prescribe certain limits within which all brothels which maybroth
be
shall be unlawful and no brothels shall be allowed to be registered [kept.
Ord . 19 of
within such limits .
1889, s. 2. ]
( 5. ) For the purposes of sub -sections 1 , 2 and 3 of this For certain
section and of section 33 the term brothel does not include aa purposes
brothel only
brothel which is used or occupied exclusively by women who •toAsiatic
include
'
are not Asiatic .
brothels.
PART IV.
GENERAL PROVISIONS.
22. The Governor may appoint such officers as may be power for
necessary for carrying out the provisions of this ordinance and appoint
Governorto
may make rules for the conduct of their duties. officers .
[ Ibid. s. 55. ]
23. ( 1. ) The Registrar General or any officer appointed Powers of
under this ordinance and specially authorised for that purpose Generai, &c.
in writing by the Registrar General shall have power without toto search
warrantto search any ship, boat, house, buildingor other place without
warrantships,
where he has reasonable cause to suspect that there is any houses, boats,
&c.
woman or girl who is or may be liable to le dealt with under [Ibid. s. 46. ]
the provisions of Part II of this ordinance and may remove
anysuch woman or girl to the Asylum to be there detained
until her case be enquired into.
( 2. ) The Registrar General or any officer appointed under this Power of
ordinance and" authorised for that purpose in writing by the General to
1288 [ 11 of 1890. ) WOMEN AND GIRLS' PROTECTION.
enter regis- Registrar General shall have power to enter at all times into any
tered brothels.
[ See lbid . registered brothel and the Registrar General and any officer so
S. 38. ] authorised as aforesaid shall have power without warrant to enter
( No. 14 of
1891.)
at all times into and upon any house, building, junk, boat or other
place reasonably suspected of being an unregistered brothel and to
arrest any person who shall appear to act or behave himself as the
person having the cure or management of such house, building, junk,
boat or other place so suspected as aforesaid .
Power of 24. The Registrar General shall have full power by notice
Registrar
General to in writing under his hand to summon before him any person
summon
persons who
whom he may have reason to believe can give any information
he thinks respecting any woman or girl mentioned in Part II of this
capable of
giving inform ordinance and respecting the treatment of such woman or girl,
ation respect. or respecting any inmate of a brothel, and any person who upon
ing women or service of such notice shall not appear at the time and place
girls.
(See Ibid. ss. therein mentioned or who shall fail to produce all documents
15 & 39.]
in his custody, possession or power relating to such woman or
girl and to answer truthfully all questions which the Registrar
General may put to him respecting such woman or girl or in
any way relating to the matter being inquired into shall on
conviction before a Magistrate be liable to a penalty not exceeding
one hundred dollars or in default thereof to imprisonment with
or without hard labour for a period not exceeding three months .
Production of 25. It shall be the duty of the keeper of a registered brothel
inmates of
brothels. to produce before the Registrar General whenever required by
him so to do all or any of the inmates of such brothel and any
such keeper who without reasonable excuse (proof whereof
shall lie on the accused ) neglects or refuses to produce any
inmate when so required by the Registrar General shall be liable
on conviction by a Magistrate to imprisonment with or withont
hard labour for a term not exceeding six months or to a fine
not exceeding two hundred dollars or to both .
Summonses, 26. All summonses, notices or other documents required to
notices, & c .
what to be be served under this ordinance on behalf of the Registrar
deemed
service.
good General shall be deemed validly and sufficiently served if served
[ Ibid. s. 58. ] on or left with the person intended to be served or if he cannot
be found, if left at his last known place of business or abode by
any person authorised in that behalf by the Registrar General .
Registrar
General's
27. The place in which the Registr: r General shall sit in
Office. discharge of his duties shall be such place as may , from time to
[ Ibid. 8. 59.] time, be appointed for that purpose by the Governor.
Warrants,
reception in
28. Every warrant purporting to be issued in pursuance of
evidence of. this ordinance and to be under the hand and seal of the Registrar
General shall be received in evidence in every Court of the
Colony without further proof and shall be evidence of the facts
WOMEN AND GIRLS' PROTECTION . [ 11 of 1890. ] 1289
therein stated and all acts done in pursuance of such warrant
shall be deemed to have been authorised by law .
29. A person charged with an offence against this ordinance Power for
may if he thinks fit tender himself to be examined on his own person,
charged under
behalf and thereupon may give evidence in the same manner evidenc
Ord.to etender
on
and with the like effect and cotiseqnence as any other witness. his own
bebalf.
30. In any proceeding under this ordinance, every notice, Presumption
order, copy of regulations, or other instrument shall be presumed in respectof
to have been duly signed by the person by whoin and in the notices,& c.
character in which it purports to be signed until the contrary [Ibid. 8. 62.)
is shown.
31. Any suit, action or prosecution against any person for Limitations
anything done in pursuance or execution or intended execution [ofIbid
suits.
. s. 63. ]
of this ordinance or of any rules or regulations made in
pursuance thereof shall be commenced within three months
after the thing done and not otherwise.
Notice in writing of any suit or action and of the cause thereof,
shall be given to the intended defendant one month at least
before the commencement of the suit or action .
In any such suit or action the defendant may plead generally
or set up by way of special defence that the act complained of
was done in pursuance or execution or intended execution of
this ordinance or of any such rules or regulations as aforesaid
and may give this ordinance and such rules or regulations and
the special matter in evidence at any trial to be had thereupon .
The plaintiff shall not recover if tender of sufficient amends
is made before suit or action brought or if after suit or action
brought a sufficient sum of money is paid into Court by or on
behalf of the defendant..
If a verdict passes, or decree is given for the defendant or
the plaintiff becomes pon -suit or discontinues the suit or action
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.
Though a verdict or decree is given for the plaintiff, he shall
not have costs against the defendant unless the Judge before
whom the trial is had certifies his approbation of the suit or
action .
32. The provisions of section 66 of Ordinance No. 4 of 1865 Application
shall apply to every summary conviction under this ordinance. of
of Ord.No. 4
1865 , s . 66.
1290 [ 11 of 1890. ] WOMEN AND GIRLS' PROTECTION.
Power to
make rules
33. ( 1. ) The Governor in Council may make rules and
and regula regulations for and in respect of all or any of the following
tions. purposes or matters : --
( a. ) For the registration of brothels and of the keepers
and inmates thereof and for prescribing the partic
ulars required to be registered and generally the
manner in which such registration is to be effected.
( 6. ) For the periodical inspection of brothels.
( c. ) For securing and maintaining cleanliness and good
order in brothels and protecting the inmates from
oppression and ill-usage.
( d. ) The care maintenance and education of women and
girls detained under Part II of this ordinance.
( e. ) The manner and conditions in and under which the
powers conferred by this ordinance shall be exer
cised by the persons on whom such powers are
conferred .
( f.) And generally in relation to any matters whether
similar or not to those above-mentioned as to which
it may be expedient to make rules for carrying into
effect the objects of this ordinance.
( 2. ) Such rules or regulations shall take effect at the expira
tion of seven days after the publication thereof in the Gazette,
and a copy of the Gazette containing such publication shall be
conclusive evidence of such rules or regulations.
( 3. ) Any person disobeying or infringing any such rules or
regulations shall be guilty ofan offence against this ordinance
and shall be liable to a fine not exceeding fifty dollars or to
imprisonment with or without hard labour not exceeding one
month or to both .
34. This ordinance shall not come into operation unless and
until the Officer Administering the Government notifies by
proclamation that it is Her Majesty's pleasure not to disallow
the same and thereafter it shall come into operation upon such
day as the Officer Administering the Government shall potify
by the same or any other proclamation.
[ In force from 6th April, 1891 ; Proclamation 4th April, 1891 : and see
Gazette 21st March, 1891 , Government Notification No. 126. ]
SCHEDULES.
A.
* *
B.
Know all men by these presents that we
and are held and firmly bound unto the Queen's Most
Excellent Majesty Her Heirs and Successors in the sum of $ to be
WOMEN AND GIRLS' PROTECTION. [ 11 of 1890. ] 1291
paid to the Colonial Treasurer for the time being of Hongkong to which
payment we bind ourselves and each of us and each of our Heirs Executors
and Administrators firmly by these presents. Sealed with our seals. Dated
this day of 189
Now the condition of this obligation is that if one who is now
residing at Hongkong shall not quit or be taken or removed from the Colony
without the previous permission in writing of the officer for the time being
performing the duties of Registrar General and shall not be trained or dis
posed of as a prostitute or for immoral purposes and also if the said
shall be produced from time to time before such officer within 24
hours after notice in writing has been given to any or either of the said
and requiring such production then this
obligation to be void otherwise to remain in full force.
[ l.s.]
[ l.s.]
Signed , sealed and delivered by
the above -namel
and
In the presence of
Rules and regulations made by the Gorernor in Council
under section 33, the 6th day of April, 1891.
( Gazette 7th April, 1891. )
1. Words in these rules and regulations shall have the meanings assigneil Interpretation .
to them by section two of the above -mentioned ordinance (hereinafter referred
to as " the ordinance " ).
2. The following registers shall be kept at the office of the Registrar Registers to be
General. kept.
( 1.) A register of brothels.
(2.) A register of inmates of brothels.
3. The register of brothels shall contain the following particulars : Register of
brothels .
(a.) The distinguishing number of the brothel.
( 6.) The situation of the brothel and its description by reference to the
street, the number of the premises, and other like particulars.
(c. ) Name and address of the owner.
( d .) Name of the keeper.
(e.) Number of inmates for which it is certified .
( f .) Any other particulars which the Registrar General may think fit
to record .
4. The register of inmates of brothels (hereinafter called “ The Register Register of
inmates of
of Inmates " ) shall contain the following particulars : brothels.
( 1. ) The registered number of each brothel.
(2.) With respect to each inmate ,
( a. ) Her name.
(6.) Her nationality, and in the case of Chinese the district
in China to which she belongs.
(c. ) Her age.
( d. ) The date of her arrival in the Colony.
(e. ) Any other particulars respecting her which the Regis
trar General may think fit to record .
1292 [ 11 of 1890. ) WOMEN AND GIRLS' PROTECTION.
Applications for
registration how
5. ( 1.) Applications for the entry of a house upon the register of brothels
made , shall be made in writing in the form A in the appendix . Every such appli
cation shall state the particulars B, C and D for entry on the register , and
the number of inmates by whom the brothel is intended to be used . It shall
be accompanied by the written consent to the application of the owner of the
premises.
(2. ) On the receipt of such application, the Registrar General shall forward
it to the Medical Officer appointed in that behalf by the Governor, for the
purpose of obtaining his report on the sanitary condition of the premises and
their structural suitability for the residence of the proposed number of
inmates.
(3.) The medical officer shall forth with , on the receipt of the application,
inspect the premises, and report to the Registrar General whether they are
or are not in a satisfactory sanitary condition and fit for the residence of the
proposed number of inmates.
(4.) Where the premises are already registered as a brothel, the application
shall be accompanied by a list of the names of the inmates.
Certificate of
registration .
6. ( 1.) If the Medical Officer certifies that he has inspected the premises
and is satisfied with their sanitary condition, and that they are fit for the
residence of the proposed number of inmates, and if the premises are not
situate in a locality where brothels have been declared by the Governor to be
unlawful, the Registrar General shall enter the required particulars in the
register of brothels, an'l shall deliver to the applicant a certificate of regis
tration in the form B in the appendix.
(2.) Provided that no part of a house shall be registered as a brothel, nor
any house where any trade or business is carried on, nor any house com
municating by any passage, door, or otherwise with any house or room in
which any trade or business is carried on, and provided also that the Registrar
General may at any time refuse to register and may at any time cancel or
suspend the registration of a brothel.
7. Every keeper of a registered brothel shall enter into a bond in such a
sum and with such securities as the Registrar General shall think fit for the
due observance by such keeper of all the requirements of this ordinance or of
any rules and regulations which shall be made thereunder. The Registrar
General may at any time require the said keeper to renew any of the sureties
to the said bond .
Entry of women 8. ( 1.) All persons whose names are required to be entered on the
in register of
inmates. Register of inmates must be brought by the keeper to the office of the
Registrar General, and no person's name shall be entered on such Register
except with her consent personally given to the Registrar General .
(2.) Photographıs in duplicate of all persons who are entered on the
Register of inmates of a brothel shall be supplied by the keeper to the
Registrar General one to be kept in his office the other to be retained by such
registered inmate.
(3.) On an application being made to him to enter a person on the Register
of inmates, the Registrar General shall personally interview such person , with
the view of ascertaining that such application is made with her consent. lle
shall also make the enquiries necessary for obtaining the particulars required
by these rules to be entered in the Register of inmates.
(4.) The Reg ar General shall further enquire whether or not the person
comes within the provisions of part 2 of the ordinance, and if he is of opinion
that she does, shall take measures for her protection accordingly.
1293
WOMEN AND GIRLS' PROTECTION . [ 11 of 1890. ]
9. If any registered inmate of a brothel desires to leave the brothel, the names
Tiemoral of
from
keeper shall forth with bring her before the Registrar General, who shall then, register of
after making such enquiry as he thinks fit, remove her name from the Register inmates.
of Inmates. Provided that nothing shall prevent any inmate from herself
applying direct to the Registrar General that her name may be removed from
the Register of Inmates, which shall be forth with done on such application.
10. It shall be the duty of the owner of a brothel to see that the premises Duty of owners.
are kept in a habitable condition, and that the latrines, drains and other
sanitary appliances are kept in good order.
11. It shall be the duty of the keeper of a brothel : Duty of keeper
of brothel .
( u .) To keep the premises clean.
( b .) To maintain decency and good order amongst the ivmates and
frequenters of the brothel.
(c.) To report at once to the Registrar General, -
( 1.) Any change of ownership of the brothel.
( 2. ) Any change in the inmates of the brothel.
(3.) Every case of infectious or epidemic disease occurring
in the brothel.
( 4.) Every instance of riotons or disorderly conduct in the
brothel on the part of persons not being inmates.
( d .) To see that the provisions of the ordinance or of any rules or
regulations for the time being in force thereunder are observed in
the brothel.
12. No woman or girl who is not registered as an inmate of the brothel registered
None but
shall be allowed by the keeper to reside in , frequent or visit the brothel. inmates allowed
to reside in
This prohibition does not extend to children under the age of five years. brothel.
13. No children between the ages of five and sixteen shall be allowed by reside
Childrenin not
or to
the keeper to reside in, frequent or visit the brothel, frequent brothel.
14. No trade or business shall be carried on in any portion of a house used Trade or business
a registered brothel. on in registered
brothel,
15. The keeper of a registered brothel shall keep hung up in a conspicuous up
Rules to beel.hang
in broth
place in every room of the brothel.
( 1.) A copy, in the language of every inmate, of such of the rules and
regulations for the time being in force under the ordinance as the
Governor shall direct.
( 2. ) A list of the names and ages of the inmates thereof in such languages
as the Registrar General may direct.
( 3.) A notice in such languages as the Registrar General may direct that
every inmate is at liberty to visit the Lock Hospital for gratuitous
advice and treatment if she is or fears she is diseased .
( 4. ) A notice in such languages as the Registrar General may direct that
every inmate may at any time leave the brothel and may at all
times make complaint to the Registrar General or any officer of
detention or ill-treatment on the part of the said keeper or of any
person in the brothel.
16. The keeper of a brothel shall reside in the brothel of which she is inKeep er to reside
brothel.
registered as keeper.
17. The Governor shall appoint such inspectors under this ordinance as Governor
appoint to
he shall think fit, who shall be attached to the office of the Registrar General. inspectors.
1294 [ 11 of 1890.] WOMEN AND GIRLS' PROTECTION.
Duty of
inspectors. 18. ( 1.) It shall be the duty of every inspector periodically and at such
times as the Registrar General may order to visit every registered brothel in
his district, and to report forthwith to the Registrar General :
( a .) Any complaint made to him by an inmate of a brothel.
( 6.) Any case in which he has reason to believe that any inmate of a
brothel is the subject of oppression or ill- treatment.
(c. ) Any instance of improper or disorderly or indecent conduct on the
part of the inmates or frequenters of a brothel.
(d.) Any breach or non -observance of the provisions of the ordinance or
of these rules or of any rules or regulations for the time being in
force under the ordinance, which may be reported to him or come
to his notice.
(e. ) Any case in which be has grounds for suspecting the existence of
an unregistered brothel.
(2.) Every inspector shall keep a diary of his work, and shall submit the
same weekly, or as often as may be required, to the Registrar General.
Sanitary inspec. 19. Every registered brothel shall be inspected twice in each year at the
tion of brothels
to be made least by a Medical Officer to be appointed by the Governor for that purpose,
biennially .
who shall report to the Colonial Secretary on the sanitary condition of each
brothel inspected by him , and shall make such suggestions for the amendment
of the sanitary arrangements of such brothel as he may deem expedient.
20. Every registered brothel shall be liable to be inspected at all times by
the Registrar General, the Colonial Surgeon, the Captain Superintendent of
Police, and their deputies. Any person offering any obstacle or resistance
to such inspection shall be deeined to be guilty of an offence against the
regulations.
21. The keeper of a registered brothel for persons other than Chinese
shall not permit any male Chinese to enter the brothel withont the permission
of the Registrar General and the keeper of a registered brothel for Chinese
shall not permit any person other than a Chinese to enter the brothel except
as otherwise provided in the ordinance without the permission of the Registrar
General.
APPENDIX .
Form A.
I , the uudersigned , residing at
hereby apply that the premises No. street and bearing the number be
registered as a brothel for inmates under The Women and Girls' Protection Ordinance,
1890, under the management of
as keeper.
And 1 , the undersigned , residing at
being the owner of the said premises, hereby consent to this application
( Signed ),
( Signeul).
Onner.
NOTE .- 1f the brothel is already registered , a list of the names of the inmates must be
appended,
Form B.
I, , hereby certify that the premises No.
strect in bearing the number have been
this day registered by me as a brothel for inmates under The Women
and Girls' Protection Ordinance, 1890 .
Dateil the ay of 18
( Signel),
Registrar General.
OFFICIAL ADMINISTRATOR . 113 OF 1890.] 1295
MERCHANDISE MARKS. [ 15 OF 1890. ]
No. 13 OF 1890 .
An Ordinance to amend the Law relating to The Official
Administrator:
[30th July, 1890.)]
is
declared that the Registrar of the Supreme Court is ein:
officio Official Administrator under Ordinance No. 8 of 1860,
and whereas, heretofore , official grants of administration have
been made to the Registrar for the time being, by name, with
the addition of the words “ Official Administrator " after such
name, and whereas doubts have arisen as to the effect of such
grants when the grantee has afterwards ceased to be Registrar.
* * * *
1. Grants of administration to the Official Administrator Grant of
whether the name of the grantee, the officer holding the appoint- administra
to the
ment at the time of the grant, is mentioned or not, shall be nistrator
Official Admi
deemed hereafter to be made to him and his successors in office deemed to
from time to time. include his
successors .
2. All property vested in the Official Administrator for the Office of
Official Admi.
time being hy virtue of any grant of administration made to nistrator to
him or his predecessors in office shall on his vacating or other- have
wise ceasing to hold the appointment be deemed to be vested perpetual .
in his successor without any further transfer or conveyance.
3. All letters of administration heretofore granted to any Effects of past
Official Administrator shall be deemed to have been made to the adminis
grants oftra
Official Administrator for the time being and to his successors in tion to the .
office ; provided that no act heretofore done by any person under OiticialAdmi
any grant of administration made to him as Official Administrator
shall be deemed to be affected or rendered invalid on account
of the passing of this ordinance.
No. 15 OF 1890 .
An Ordinance to amend the Law relating to Fraudulent
Marks on Merchandise .
[ 7th August, 1890.]
*
1. This ordinance may be cited as The Merchandise Jarks Short title.
Ordinance, 1890.
1296 [ 15 of 1890. ] MERCHANDISE MARKS.
Offences as 2. Every person who
to trade
marks and
trade des.
(a . ) forges any trade mark ; or
criptions.
(50 & 51 , V.
(1. ) falsely applies to goods any trade mark or any mark
C. 28 , s. 2. ] so nearly resembling a trade mark as to be calculated
to deceive ; or
(c.) makes any die, block, machine, or other instrument
for the purpose of forging, or of being used for
forging, a trade mark ; or
( d .) applies any false trade description to goods ; or
(e. ) disposes of, or bas in his possession any die , block .
machine, or other instrument for the purpose of
forging a trade mark ; or
(f. ) causes any of the things above in this section mentioned
to be done ;
shall, subject to the provisions of this ordinance, and unless he
proves that he acted without intent to defraud , be guilty of an
offence against this ordinance.
( 2. ) Every person who sells , or exposes for, or has in his
possession for sale, or any purpose of trade or manufacture, any
goods or things to which any forged trade mark or false trade
description is applied , or to which any trade mark or mark so
nearly resembling a trade mark as to be calculated to deceire is
falsely applied, as the case may be, shall, unless he proves
( a .) that having taken all reasonable precautions against
committing an offence against this ordinance, he
had at the time of the commission of the alleged
offence no reason to suspect the genuineness of the
trade mark, mark , or trade description ; and
( 11. ) that on demand made by or on behalf ofthe prosecutor,
he gave all the information in his power with respect
to the persons from whom he obtained such goods
or things; or
( c.) that otherwise he had acted innocently ;
be guilty of an offence against this ordinance.
( 3.) Every person guilty of an offence against this ordinance
shall be liable
( i .) on conviction before the Supreme Court to imprison
ment, with or without hard labour, for a term not
exceeding two years, or to a fine, or to both impri
sonment and fine ; and
( ii . ) on summary conviction before a Magistrate to impri
sonment, with or without hard labour, for a term
not exceeding four inonths, or to a fine not exceeding
MERCHANDISE MARKS . [ 15 OF 1890.] 1297
one hundred dollars, and in the case of a second or
subsequent conviction to imprisonment, with or
without hard labour, for a terin not exceerling six
months, or to a fine not exceeding two hundred
and fifty dollars ; and
(ii .) in any case, to forfeit to Her Majesty every chattel,
article, instrument, or thing by means of or in
relation to which the offence has been committed .
( 4. ) The Court or Magistrate before whom any person is
convicted under this section may order any forfeited articles to
be destroyed or otherwise dispose l of as the Court or Magistrate
thinks fit .
( 5.) Any offence for which a person is under this ordinance
liable to punishment on sunmary conviction may be prosecuted
and any fine imposed may be enforced and recovered and any
articles liable to be forfeited may be forfeited in manner provided
by any ordinance for the time being in force regulating the
practice and procedure before Magistrates in relation to offences
punishable ou summary conviction : provided that a person
charged with an offence under this section before a Magistrate
shall, on appearing before such Magistrate, and before the charge
is gone into, be informed of his right to be tried on information
before the Supreme Court, and if he requires to be so tried , be
committed for trial and be so tried accordingly .
3. ( 1. ) For the purposes of this ordinance ; The expression Interpreta
" trade mark ” means a trade mark registered in the register of tion;
[
trade marks kept under any ordinance in force in this Colony Ibid. sec. 3.)
or under The Patents Designs and Trade Marks Acts 1883 to
1888, and includes any trade mark which, either with or without
registration, is protected by law in any British possession or
Foreign State to which the provisions of the Patents, Designs
and Trade Marks Act, 1383 section 103 are, under Order in
Council, for the time being applicable.
The expression “ trade description " means any description,
statement, or other indication, direct or indirect,
( a .) weight of any goods, or as to the number, quantity,
measure, gange , or
(6.) as to the place or country in which any goods were
inade or produced, or
(c.) as to the mode of manufacturing or producing any
goods, or
(d.) as to the material of which any goods are composed , or
( e. ) as to any goods being the subject of an existing patent,
privilege, or copyright,
1298 [ 15 of 1890.) MERCHANDISE MARKS.
and the use of any figure, worl, or mark which , according to
the custom of the trade, is commonly taken to be an indication
of any of the above matters, shall be deemed to be a trade des
cription within the meaning of ibis ordinance.
The expression - false trade description " means a trade des
cription which is false in a material respect as regards the goods
to which it is applied, and includes every alteration of a trade
description, whether by way of addition , effacement, or other
wise, where that alteration makes the description false in a
material respect, and the fact that a trade description is a trade
mark, or part of a trade mark, shall not prevent such trade
description being a false trade description within the meaning
of this ordinarice.
The expression " goods ” means anything which is the sub
jeet of trade, manufacture, or merchandise.
The expression “ person. " manufacturer ," dealer ," or
" trader ” and “ proprietor ” include any body of persons cor
porate or unincorporate .
The expression “" name" includes any abbreviation of a name.
( 2. ) The provisions of this ordinance respecting the applica
tion of રીa false trade description to goods shall extend to the
application to goods of any such figures, words, or marks, or
arrangement or combination thereof, whether including a trade
mark or not, as are reasonably calculated to lead persons to
believe that the goods are the manufacture or merchandise of
some person other than the person whose manufacture or mer
chaudise they really are.
( 3. ) The provisions of this ordinance respecting the applica
tion of a false trade description to goods, or respecting goods
to which a false trade description is applied, shall extend to the
application to goods of any false name or initials of a person,
and to goods with the false name or initials of a person applied,
in like manner as if such name or initials were a trade descrip
tion , and for the purpose ofthis enactment the expression “ false
Dame or " initials means as applied to any goods , any name
or initials of a person which
(a . ) are not a trade mark , or part of a trade mark , and
( 6. ) are identical with , or a colourable imitation of the
name or initials of a person carrying on business
in connection with goods of the same description,
and not having authorised the use of such name or
initials, and
( c.) are either those of a fictitious person or of some person
not bonâ fide carrying on business in connection
with such goods.
MERCHANDISE MARKS. [ 15 OF 1890.] 1299
4. A person shall be deemed to forge a trade mark who either marks
Forging. traile
fa .) without the assent of the proprietor of the trade mark [ Ibid. s. 4.]
makes that trade mark or a mark so nearly resem
bling that trade mark as to be calculated to
deceive ; or
( 6. ) falsities any genuine trade mark, whether by altera
tion , addition, effacement, or otherwise ;
and any trade mark or mark so made or falsified is in this ordi
nance referred to as a fvryed trade mark :
Provided that in any prosecution for forging a trade mark
the burden of proving the assent of the proprietor shall lie on
the defendant.
5. ( 1. ) A person shall be deemed to apply a tra : le mark or marks
Applying
and
mark or trade description to goods who descriptions
[ Ibid. s. 5. )
( a .) applies it to the goods themselves; or
( 6. ) applies it to any covering, label, reel, or other thing
in or with which the goods are sold or exposel or
had in possession for any purpose of sale, travle, or
manufacture ; or
( c ) places, encloses, or annexes any goods which are sold
1 or exposed or had in possession for any purpose of
sale, trade, or manufacture, in , with, or to any
covering, label, reel, or other thing to which aa trade
mark or trade description has been applied ; or
(d ) Ilses a tra le mark or mark or trade description in
any manner calenlated to lead to the belief that the
goo:ls in connexion with which it is used are de
signated or described by that trade mark or mark
or trade description .
( 2. ) The expression " covering ” includes any stopper, cask,
bottle, vessel , bos, cover, capsule, case, frame, or wrapper ; and
the expression “" label" includes any band or ticket.
A trade mark, or mark, or trade description, shall be deerned
to be applied whether it is woven , impressed, or otherwise
worked into, or annexed , or affixed to the goods, or to any
covering, label, reel, or other thing.
(3. ) A jierson shall be deemed to falsely apply to goods a
trade mark or mark, who without the assent of the proprietor
of a trade mark, applies such trade mark or a mark so nearly
resembling it as to be calculated to deceive, but in any prose
cution for falsely applying a trade mark or inurk to goods the
burden of proving the assent of the proprietor shall lie on the
defendant.
1300 [ 15 OF 1890. ] MERCIANDISE MARKS .
Exemption of
certain
6. Where a defendant is charged with making any die, block,
persons machine, or other instrument for the purpose of forging, or
employed
ordinary
in being used for forging, a trade mark , or with falsely apply
course of
business.
ing to goods any trade mark or any mark so nearly resembling
[ Ibid . s. 6. ]
a trade mark as to be calculated to deceive, or with applying
to goods any false trade description, or causing any of the things
in this section mentioned to be done, and proves
(a . ) That in the ordinary course of his business lie is
employed, on behalf of other persons, to make dies,
blocks, machines, or other instruments for makiny,
or being used in making, trade marks, or as the
case may be to apply marks or descriptions to goods,
and that in the case which is the subject of the
charge he was so employed by some person resident
in the Colony, and was not interested in the goods
by way of profit or commission dependent on the
sale of such goods; and
( 6. ) That he took reasonable precautions against commit
ting the offence charged ; and
(c. ) That he had , at the time of the commission of the
alleged offence, no reason to suspect the genuine
ness of the trade mark, mark, or trade description ;
and
( d .) That he gave to the prosecutor all the inforination
in his power with respect to the persons on whose
behalf the trade mark , mark, or description was
applied ,
he shall be discharged from the prosecution, but shall be liable
to pay the costs incurred by the prosecutor, unless he has given
due notice to him that he will rely on the above defence.
Application 17. Where a watch case has thereon any words or marks
of ordinance which constitute, or are by common repute considered as con
[ Ibid.6. 7.) stituting, a description of the country in which the watch was
made and the watch bear's no description of the country where
it was made, those words or marks shall primâ facie be deemed
to be a description of that country within the meaning of this
ordinance, and theprovisions ofthis ordinance with respect to
goods to which a false trade description has been applied, and
with respect to selling or exposing for or having in possession
for sale, or any purpose of tradeor manufacture , goods with a
false trade description, shall apply accordingly, and for the pur
poses of this section the expression “' watch means all that
portion of a watch which is not the watch case .
MERCIANDISE MARKS .
[ 15 of 1890.) 1301
8. In any information, pleadiny, procceding, or document, how
Trademark,
described
in which any trade mark or forged trade mark is intended to be in pleading :
mentioned , it shall be sufficient, without further description and [Ibid. s. 9.]
without any copy or fac simile, to state that trade mark or
forged trade mark to be a trade mark or forged trade mark .
9. In any prosecution for an offence against this ordinance, — evidence.
Rules as to
[ Ibid, s. 10. )
( 1. ) A defendant, and his wife or her husband, as the case
may be, may , if the defendant thinks fit, be called
as a witness, and, if called, shall be sworn and
exainined , and may be cross-examined and re
examined in like manner as any other witness.
( 2. ) In the case of imported gools, evidence of the port
of shipment shall be primâ ficie evidence of the
place or country in which the goods were made or
produced .
10. Any person who, being within the Colony, procures, Punishment
counsels, aids, abets, or is accessory to the commission, without of accessories.
. . 11.
the Colony, of any act, which , if committed in the Colony would
under this ordinance be a mis lemeanour, shall be guilty of that
misdemeanour as a principal, and be liable to be proceeded
against, tried, and convicted in the Colony as if the misdemean
our had been there comunitted .
11. ( 1. ) Where, upon information or complaint laid for an warrant.
Search
offence against this ordinance, a Magistrate has issued either a [ Ibid. s . 12.]
summons requiring the defendant charged by such information
or complaint to appear to answer to the same, or has issued a
warrant for the arrest of such defendant, and the said Magistrate
on , or any Magistrate after, issuing the summons or warrant, is
satisfied by information on onth that there is reasonable cause
to suspect that any goods or things by means of or in relation
to which such offence has been committed are in any house or
premises of the defendant, or otherwise in his possession or
under his control in any place, such Magistrate may issue a
warrant under his hand by virtue of which it shall be lawful for
any constable or peace officer named or referred to in the
warrant, to enter such houses, premises, or place at any reason
able time by day, and to search therefor and seize and take
away those goods or things; and any goods or things seized
under any such warrant shall be brought before a Magistrate
for the purpose of its being determined whether the same are or
are not liable to forfeiture under this ordinance.
( 2.) If the owner of any goods or things which, if the owner
thereof had been convietei, would be liable to forfeiture under
1302 [ 15 of 1890).] MERCIIANDISE MARKS .
this ordinance, is unknown or cannot be found, an information
or complaint may be laid for the purpose only of enforcing such
forfeiture, and a Magistrate may cause notice to be advertised
stating that, unless cause is shown to the contrary at the time
and place named in the notice, such goods or things will be
forfeited, and at such time and place the Magistrate, unless the
owner or any person on his behalf, or other person interested
in the goods or things, shows cause to the contrary, may order
such goods or things or any of them to be forfeited .
( 3.) Any goods or things forfeited under this section, or
under any other provision of this ordinance, may lie destroyed
or otherwise disposed of, in such manner as the Court or
Magistrate by which the same are forfeited way direct , and the
Court or Magistrate may, out of any proceeds which may be
realised by the disposition of such goods ( all trade marks and
trade descriptions being first obliterated ), award to any innocent
party any loss he may have innocently sustained in dealing
with such goods.
Costs of de 12. On any prosecution under this ordinance the Court or
fence or .pro- Magistrate may order costs to be paid to the defendant by the
[ Ibid. s. 14. ] prosecutor, or to ihe prosecutor by the defendunt, having regard
to the information given by auid ihe conduct of the defendant
and prosecutor respectively.
Limitation of 13. No prosecution for an offence against this ordinance shall
[Ibid,s.
( . 15.)
] be commenced after the expiration of three years next after the
commission of the offence, or one year nest after the first
discovery thereof by the prosecutor, whichever expiration first
happens.
Prohibition 14. Whereas it is expedient to make further provision for
in importa- prohibiting the importation of goods which , if sold , would be
tion .
Tid. s. 16.] liable to forfeiture under this ordinance ; be it therefore enacted
as follows :
( 1. ) 111 such goods, and also all goods of foreign manu
facture bearing any name or trade mark being or
purporting to be the name or trade mark of any
manufacturer, dealer, or trader in the United King
dom , unless such name or trade mark is accom
panied by a definite indication of the country in
which the goods were made or produced, are hereby
prohibited to be imported into the Colony and if
any such goods shall be imported or brought into
the Colony contrary to the prohibition herein
contained such goods shall be forfeited and may be
destroyed or otherwise disposed of as the Super
intendent of Imports and Exports may direct.
MERCHANDISE HARKS . [ 15 of 1890.) 1303
( 2. ) Before detaining any such goodis, or taking any further
proceedings with a view to the forfeiture thereof
under this ordinance the Superintendent of Imports
and Exports may require the regulations under this
section, whether as to information , security, condi
tions, or other matters, to be complied with , and
may satisfy himself in accordance with those regula
tions that the goods are such as are prohibited by
this section to be imported.
( 3. ) The Governor in Council may from time to time make,
revoke, and vary regulations, either general or
special, respecting the detention and forfeiture of
goods the importation of which is prohibited by
this section, and the conditions, if any, to be fulfilled
before such detention and forfeiture, and may by
such regulations iletermine the information, notices,
and security to be given , and the evidence requisite
for any of the purposes of this section, and the
mode of verification of such evidence.
( 4. ) Where there is on any goods a name which is identical
with or a colourable imitation of the name of a
place in the United Kingdom , that name, unless
accompanied by the name of the country in which
such place is situate, shall be treated for the purposes
of this section as if it were the name of a place in
the United Kingdom . "
( 5. ) Such regulations may apply to all goods the importa
tion of which is prohibited by this section or
different regulations may be made. respecting cliffer
ent classes of such goods or of offence , in relation
to such gooils.
( 6. ) The regulations may provide for the informant reim
bursing the Superintendent of Imports and Exports
all expenses and damages incurred in respect of any
detention made on bis information, and of any
proceedings conscquent on such detention.
( 7. ) All regulations under this section shall be published
in the Gazette.
15. On the sale or in the contract for the sale of any goods Implied
to which a trade mark, or mark, or trade description lias been warranty on
applied, the vendor shall be deemed to warrant that the mark marked
Ibid .
goods.]
is a genuine trade mark and not forged or falsely applied, or [Tüid, s. 17.)
that the trade description is not a false trade description within
1304 [ 15 of 1890.) MERCIANDISE MARKS .
the meaning of this ordinance, unless the contrary is expressed
in some writing signe:1 by or on behalfof the vendor and delivered
at the time of the sale or contract to and accepted by the
vendee.
Provisions of
ordinance as 16. Where,atthe passing of thisordinance, a trade description
to false is lawfully and generally applied to goods of a particular class,
description
not to apply or manufactured by a particular method, to indicate the particular
in certain
cases .
class or method of manufacture of such goods, the provisions
[ Ibid .s. 18.] of this ordinance with respect to false trade descriptions shall
not apply to such trade description when so applied : provided
that where such trade description includes the name of a place
or country, and is calculated to mislead as to the place or
country where the goods to which it is applied where actually
made or produced , and the goods are not actually made or
produced in that place or country, this section shall not apply
unless there is added to the trade description , immediately
before or after the name of that place or country, in an equally
conspicuous manner , with that name, the name of the place or
country in which the goods were actually made or produced,
with a statement that they were made or produced there .
Savings. 17. This ordinance shall not exempt any person from any
[ Ibid.s.19.] suit, action, or other proceeding which might, but for the
provisions of this ordinance, be brought against him .
( 2. ) Nothing in this ordinance shall entitle any person to
refuse to make a complete discovery, or to answer any question
or interrogatory in any suit or action , but such discovery or
answer shall not be admissible in evidence against such person
in any prosecution for an offence against this ordinance.
(3.) Nothing in this ordinance shall be construed so as to
render liable to any prosecution or punishment any servant of
a master resident in the Colony who bonâ fide acts in obedience
to the instructions of such master, and on demand made by or
on behalf of the prose utor , has given full information as to his
master .
False repre
sentation as
18. Any person who falsely represents that any goods are
to Royal made by a person bolding a Royal Warrant, or for the service
Warrant.
[1bid. s. 20.] of Iler Vlajesty, or any of the Royal Family, or any Government
department Colonial or otherwise shall be liable, on summary
conviction, to a penalty not exceeding one hundred dollars.
Commence
ment of ordi. 20. This ordinance shall come into operation on the Ist day
nance . of January, 1891.
MERCHANDISE MARKS . [ 15 of 1890. ] 1305
Regulations made by the Governor in Council under section 14, the 13th
day of July , 1891. ( Gazette 1st August,, 1891.)
Whereas by the Merchandize Marks Ordinance No. 15 of 1890, (herein
after called " the Ordinance ,” )
After various provisions against the sale, or exposure for sale, or posses
sion for sale, trate, or manufacture, of goods with forged trade
marks or false fraude descriptions, or trade marks falsely applieil to
them ;
66
And after defining, ( amongst other things ), the expression “ trade mark "
in manner therein set forth , witli reference to “ The Patents, Designs
and Trade Marks Acts, 1883 to 1883 ," and the law of indicated
British possessious and Foreign States ;
And after defining the expression “ trade description " as any description,
statement or other indication, direct or indirect, as to mumber,
quantity, measure , gange, or weight of goods, as to place or country
in which any goods were made or produced, as to the mode of
manufacturing or producing any goods, or as to the material of
which any goods are composed, or as to any goods being the subject
of any existing patent, privilege or copyright;
And after defining the expressions “ false tradedescription,” and “ goods, "
“ apply,” and “ falsely apply ; ”
It is providel by section 14 that,
(i . ) All such goods as above mentioned , and
(ii . ) All goods of foreign manufacture, bearing any name or
trade mark, being or purporting to be, the name or traile
mark of any manufacturer, dealer, or trader, in the
United Kingdom , unless such name or mark be accom
panied by definite indication of the comiry in which
such goods were made or produced ,
shall be prohibited to be imported, and, may be destroyed or other
wise disposed of as the Superintendent of Imports and Exports
(hereinafter called the Superintendent) may direct.
And whereas by section 16 of the ordinance after authorizing the con
tinued use of trade descriptions lawfully and generally applied to
goods of the particular class,or manufactured by a particularmethod ,
to indicate such class or method, it is provided that, where such
trade description includes the name of a place or country calculateil
to mislead as to where the goods were actually madle or produced,
such goods not having been actually made or produced there, the
said reciting section should not apply, (and, consequently, goods
so marked would be prohibited ), unless there be added to the trade
description, immediately before or after the name of the place or
country, in an equally conspicuous manner with that name, the name
of the place or country in which the goods were actually made or
pro luced , with a statement that they were made or produced there.
Anl whereas it is also provided, by the said section 14 that the Governor
in Council may , from time to time, make, revoke and vary regulations,
either general or special, respecting the detention and forfeiture of
goods the importation of wbich is prohibited as hereinbefore men
tioned, and the conditions, if any, to be fulfilled before such detention
and forfeiture, and m.zy by such regulations determine the iuforma
1306 ( 15 of 1890.] MERCIIANDISE MARKS .
tion , notices, and security to be given , and the evidence requisite
for any of the purposes of the said section, and the mode of verifi
cation of such evidence .
And it is further provided by the said last -mentioned section :
That before detaining goods or taking proceedings with a view
to the forfeiture thereof under the law relating to the
ordinance, the Superintendent may require that such regl
lations as aforesaid shall be complied with, and satisfy
himself as to the liability of the goods to forfeiture.
That such regulations may apply to all goods, the importation
of which is prohibited by the said section, or different
regulations may be made respecting different classes of
such goods.
And also that the regulations may provide for the informant reimbursing
the Superintendent all expenses and damages incurred in respect of
a vy detention made ou such information and of any proceedings
consequent on such detention .
Now , therefore, the Governor in Council under and by virtue of the here.
iubefore recited power in that behalf doth hereby make and require to be
complied with the following regulations, viz.:
1. Whenever the Superintendent shall have reasonable cause for believing
or shall be informed by any private person as hereinafter mentioned that goods
prohibited to beimported as hereinbefore recited, having applied to them forged
trade marks, false trade descriptions or marks, names, or descriptions otherwise
illegal, are in or upon any ship, junk or boat of any description in the waters
of the Colony for the purpose of being landed or transhipped in the Colony
or are in or upon any wharf gotowu or premises in the Colony, it shall be
lawful for the Superintendent or any officer deputed by him to enter such
ship junk boat, wharf godown or premises and seize and detain any such
suspected goods and then and there or at such other time as may be con
venient to inspect and examine the same and for that purpose to order them
to be removed to or detained in such place as he may determine: provided
always that if any private person with a view to the detention of any such
gooils shall give information to the Superintendent, he shall in such informa
tiou comply with the following conditions, viz.: –
( i . ) lle must give to the Superintendent, notice in writing of expected
importation, stating,
The mumber of packages expected, as far as he is able to
state the same.
The description of the goods by marks or orber particulars
suulicient for their identification .
The vame or other sufficient indication of the importing ship.
The manner in which the goods infringe the ordinance.
The expected day of the arrival of the ship.
( ii .) He must deposit with the Superintendent a sum sufficient, in the
opinion of that officer, to cover any aditional expense which
may be incurred in the examination required by reason of his
notice and may be required to find security, pursuant to the notice
in that behalf in the schedule hereto.
2. If, upon the arrival and examination of the goods, the Superintendent
is satisfied that there is no ground for their detention , the Superintendent
shall cause them to be released and redelivered . If he is not so satisfied, he
may decide to permanently detain the goods, and in the case of detention
upon information from a private person, he may require security from the
informant, if he has not alreaily given such security, for reimbursing the
Superintendent all expenses and damages incurred in respect of the detention
maile on his information and of any proceeilings consequent thereon .
MERCHANDISE MARKS. [ 15 of 1890. ] 1307
3. The security hereby required shall be an immediate ad valorem deposit
of ten per cent. on the value of the goods, as fixed by the Superintendent
from the quantities or value shown by the entry ; and, also, subsequently a
bond to be completed within four days in double the value of the goods, with
two approved sureties. The ad valorem deposit shall be returned upon com
pletion of the bond , and shall not be required if, as an alternative where time
permits, the informant prefers to give a like bond before examination , upon
estimated value of the goods declared to by him under statutory declaration .
If the security is not duly given as above required , the goods shall not be
detained .
4. The “ Notice ” and “ Bond ” required as above shall be in the forms
contained in the schedule to these regulations, or in such other forms as the
Governor in Council may from time to tiine order and direct.
5. The security taken under these regulations shall be given up at the times
following, that is to say :
Where given before examination, and if no detention follows, forth with .
Where given on or after detention :
If the forfeiture is completed, either by lapse of time or ultimate
condemnation by a Court of Justice, then on such com
pletion of forfeiture.
If the forfeiture is not completed , then
If the goods are released by the Superintendent, and no action
or suit bas been commenced against him , in respect of the
detention, then at the expiration or three months from the
time of detention ,
If within such period as aforesaid any such action or suit as
aforesaid has been commenced , then upon the ultimate
conclusion of such action or suit, and the fulfilment of the
purpose for which the security was given.
6. These regulations apply to transhipment and transit goods as well as to
goods landed to be warehoused, or for home consumption .
7. These regulations shall come into force on the 1st day of August,
1891 .
SCHEDULE .
NOTICE .
THE MERCHANDIZE MARKS ORDINANCE, 1890.
To the Superintend nt of Imports and Exports, at the Port of
I hereby give you notice that the undermentioned goods, that is to say , - (1.) ( 1.) Describe the
goods, nuinber of
packages, marks
used, and any other
particulars neces
Bary for their iden
tification.
are about to be imported into your port on or about the day of
next, in the ( 2.) ( 2. ) Describe tho
ship, and give namo
from or Indication .
1308 [ 15 of 1890.] MERCHANDISE MARKS .
(3. ) State how the That such goods are liable to detention and forfeiture being (3.)
goods infringe the
ordinance , and it
the infringement is That
ono as to A forged
Trade Marko Mr.
tected in a British of
Possession or for
eign State, state the and Mr. of
Possession or State,
or if the infringe
ment is one ns to are prepared to become my sureties in such bond as may be required upon detention of
pince or country of
origin , state the
name of the place the goods.
or country falsely
need
And I request that the said goods may be detained and dealt with accordingly.
Dated this day of 189
A. B.,
( or Agent for ).
NOTE.-Mr. refers to his Bankers (or ) Solicitors, and
Mr. to his Bankers (or) Solicitors as to his
sufficiency for the penalty of the Bond .
( BOND . )
THE MERCHANDIZE MARKS ORDINANCE , 1890 .
Know all Men by these presents, that we, A.B., and are held and
firmly bound unto Our Sovereign Lady VICTORIA, by the Grace of God, of the United
Kingdom of Great Britain and Ireland , Queen , Defender of the Faith, in the sum of
Pounds to be paid to our said Lady the Queen , her heirs or succes .
sors. For which payment well and truly to be made we bind ourselves, jointly and
severally, our heirs, executors, and administrators, firmly by these presents.
Sealed with our Seals. Dated this day of in the year
of Our Lord , one thousand eight hundred and
Whereas the above named A.B., has by a notice dated the day of
informed the Superintendent of Imports and Exports at that
the undermentioned goods, that is to say, - were about to be imported into the
Port of contrary to section 14 of “ The Merchandize Marks Ordinance ,
1890 ,” and requested tbat the said goods should be detained and dealt with accordingly.
And whereas the said goods duly arrived in the said Port on the day of
last, and are now detained pursuant to the said notice. Now the condition of this obliga
tion is such that if the said A.B., his executors or administrators, shall well and effect .
ually indemnify, save harmless and keep indemnified Her Majesty, ber heirs and succes
sors, and all her and the Superintendent's, and their executors or administrators , from
and against all loss or damage, payment or payments, and all costs and expenses which
her said Majesty, her heirs or successors, and her and the Superintendent's executors or
administrators, shall or may sustain or incur by reason or on account of any detention of
the said goods following upon the information contained in such notice and any pro
ceedings consequent upon such detention, then this obligation shall be roid, or otherwise
shall be and remain in full force and virtue .
Signed, sealed and /
delivered 3
WATERWORKS . [ 10 of 1890.] 1309
No. 16 OF 1890.
An Ordinance to provide for and regulate the supply Title.
of Water in the Colony of Hongkong and for the
maintenance and repair of the works in connection
therewith .
[ 7th August, 1890. ]
Wh
HER EAS largesum
expended and may hereafter n time toin time
s have befro:expended been Preamble.
the estab
lishinent and maintenance of waterworks to secure a proper and
adequate supply of water for the inhabitants of the Colony and
it is expedientto provide for and regulate the supply of water
from such works as well as the maintenance and repair of all
works in connection therewith and also to make provision for
the payment of all such sums as aforesaid not otherwise provided
for and for the repayment of any loans in connection therewith
* *
and of the interest to accrue thereon .
1. This ordinance may be cited for all purposes as The Short title.
IVaterworks Ordinance, 1890.
2. In this ordinance and in any regulations made hereunder tion.
Interpreta
unless there be something in the context repugnant to or
inconsistent with such construction the following words and
expressions shall have or shall include the meanings respectively
set against them , viz. : --
:
Waterworks.-- All reservoirs, dams, weirs, tanks, cisterns,
tunnels, filter-beds, conduits, aqueducts, pipes , fount
ains, sluices, valves, pumps, steam -engines, and all
other structures or appliances used or constructed, or
to be used or constructed, for the storage, conveyance,
supply, measurement or regulation of water which are
so used or have been constructed by, or on behalf of,
the Crown, and are the property thereof or which shall
hereafter be us d or constructed by the Water Author
ity.
Water Authority .-- The Resident Engineer of the water
works or such other person , persons or body corporate
as the Governor in Council may, from time to time,
appoint to manage, or supervise the waterworks or
water supply of this Colony.
Service.-All pipes, valves, cisterns, cocks, fittings, and
other appliances ( excepting any meter as hereinafter
defined ) by or through which water flows or is
intended to flow from the waterworks or which are or
1310 [ 16 ( F 1890.] WATERWORKS.
may be used for the purpose of supplyingary tenement
from the waterworks and which service is the property
of the owner or occupier of such tenement.
Public Fountain— Any fountain, stand - post, valve, tap , or
appliance used or intended to be used for, or in con
nection with, the supply of water to the public from
the waterworks, and erected or hereafter to be erected
by the Crown or the water authority and which is the
property of the Crown .
Meter.---Any appliance used to measure, ascertain or
regulate the amount of water taken or used from the
waterworks by means of any service as well as any
orifice or gauge or other appliance used in estimating
the flow of water in or from any part of the water
works .
Owner: -- The holder of any tenement direct from the Crown
whether under lease, licence or otherwise , or the
immediate landlord of any tenement, or the agent of
any such holder or landlord who is absent or under
disability, or, if there is no such agent, the occupier.
of the tenement.
Tenement. - Any land with or without buildings which is
held or occupied as a distinct or separate holding or
tenancy, or any wharf or pier in the waters of the
Colony.
Domestic Supply.-Water from the waterworks used in any
tenement for drinking, washing, cooking or for baths
or any other purpose of domestic life .
Non -domestic Supply.- Any water from the waterworks
used for the purposes of, or in carrying on, any trade
or manufacture or for cattle , horses or other animals,
or for watering fields or gardens cultivated or occupied
as a means of pecuniary profit or for private fountains
or for any ornamental purpose or for the supply of
ponds or tanks or for laundries or public wash -houses
or public baths, vessels, ships or boats and shall include
the water used or consumed by any person resident
in or occupying any premises where a non - domestic
supply is given, as well as any water taken or used
from the waterworks by the Imperial or Colonial,
Military or Naval establishments.
Gather ing ground.-- Any surface of land or otherwise which
collects the rainfall for the purposes of the water
works.
WATERWORKS. ( 16 of 1890. ] 1311
General Rates.- Rates determined pursuant to “ The Rating
1
Ordinance, 1888," or by any resolution of the Legis
lative Council under section 30 of such ordinance .
3. The Water Authority shall have the custody and adminis- Custody and
tration of the waterworks and of the water therein , and the tion ofwater
management of the supply or distribution of such water, subject works.
to the general authority of the Governor.
4. The Governor in Council shall appoint suitable officers to Appointment
carry out the provisions of this ordinance, such officers to be of officers.
under the control of the water authority, subject, however, to
the general authority of the Governor.
5. It shall be lawful for all persons occupying or owning any Construction
tion connec
tenement to construct services for the supply of water from the ind
waterworks. The construction of the service and the nature, service.
size and quality of the materials and fittings shall be in accord
ance with the provisions of any regulations made hereunder,
and on the completion of the service to the satisfaction of the
water authority, it shall be connected by the water authority to
the waterworks, in the manner hereafter directed .
6. The owners or occupiers of tenements provided with Alteration of
services prior to the passing of this ordinance shall, within defective
thirty days after the receipt of noticein writing from the Water
Authority, cause the service to be so altered, repaired or renewed
as is certified by the Water Authority to benecessary to prevent
waste of water or damage to the waterworks or to the public
distribution of water. If the said owner or occupier fail to Penalty for
alter repair or renew the service as hereinbefore directed within neglect.
thirty days after the receipt of such notice it shall be lawful for
the water authority to cause the defective service to be dis
connected from the waterworks and it shall not be reconnected
until the service is renewed , altered or repaired to the satisfaction
of the Water Authority .
7. The expenses of constructing, altering or re -adjusting all Expenses.
services shall be borne by the owner of the tenement, to which bärmehom
.
such services are laid .
8. The Water Authority may in its discretion construct alter Services
be con
may
and repair any services at the request of the owner or occupier structed by
and on completion thereof the person so requesting shall pay water author
the cost and expenses thereof at such time and place and in ity.
Costs thereof.
such mode as may be prescribed by any regulations made under
this ordinance.
9. It shall be lawful for the Water Authority to measure or Measurement
water to
otherwise determine the quantity of water supplied by means ofblocks,
tenement, &c.
of any service or services to any tenement or block or group of legalised.
tenements.
1312 [ 16 of 1890. ) WATERWORKS.
Prescribed
domestic
10. The Water Authority shall from time to time determine
quantity. with the approval of the Governor in Council ( such approval to
be notified in the Gazette) the quantity of water per head per
day which shall be deemed to be legitimate domestic consump
tion. In determining this quantity regard shall be had to the
annual valuation of the tenement to be supplied as defined by
the Rating Ordinance for the time being butin no case shall such
quantity be less than five gallons per head per day . Such
quantity shall, for the purposes of this ordinance and of any
regulations made thereunder be termed the “ Prescribed domestic
quantity.”
Enumeration
of inmates 11. If, in the opinion of the Water Authority, the water
and return . consuined by any tenement or block or group of tenements
appears to be excessive, the Water Authority shall call upon the
Registrar General to ascertain the number of inhabitants in
such tenement, block or group of tenements, and the Registrar
General shall, as soon as practicable, furnish the Water Authority
with a return showing as nearly as practicable the number of
persons inhabiting the same.
Determina
tion of daily 12. TheWater Authority shall ascertain the total quantity of
rate of water supplied to the tenement, block or group of tenements to
consumption which the return aforesaid applies during a period of not less
than thirty conscentive days, including the day of the date of
the return . Thereupon the Water Authority shall by comparing
such total quantity ot'water supplied with the number of persons
shown in the return, determine the average daily rate of
consumption per head .
Notice to
abate 13. If such average daily rate per head is found to exceed
excessive the " prescribed domestic quantity” the Water Authority shall
consumption.
l'enalty for
Serve notice upon the occupiers, by leaving one such written or
neglect. printed votice in English and Chinese at each teneinent, to
abate such excessive consumption forth with , and shall also
where practicable notify the owner of the fact of such service ;
and if within fourteen days after service of such notice such
excessive consumption be not abated to the satisfaction of the
Water Authority , it shall be lawful for such Authority to dis
connect the service of such tenement or tenements from the
waterworks, for any period not exceeding three months and
such service shall not be reconnected without the written
application of the owner.
Non - lomestic 14. It shall be lawful for the Water Authority to fix meters
supply.
Meters for measuring the consumption of water in all cases of non
agreements .
Penalty for domestic supply and the Water Authority shall call upon the
neglect. owner or occupier of any tenement to which a " non -domestic "
supply is given and neasured by a meter, to enter into an
WATERWORKS . [ 16 of 1890. ) 1313
agreement with the Colonial Secretary on behalf of the Crown
to pay quarterly to the Colonial Trensurer subject to the deduc
tion in the next paragraph inentionel for the quantity of water
consumed in or upon such tenement at the price per thousand
gallons hereinafter set forth, and to pay quarterly in advance
to the Colonial Treasurer a rent for the use of the meter. Such
meter shall be kept in repair by the Water Authority. If such
owner or occupier declines or neglects to enter into such agree
ment for a period exceeding fourteen days from the date of the
notice, or such extended period as may be conceded by the
Water Authority in writing it shall be lawful for the Water
Authority to disconnect the service of the said tenement from
the waterworks.
15. From the quarterly payment in the last preceding section Reluction of
mentioned there shall be deducted a sum equal to three -quarters water rate
per cent. on the annual rating valuation of the tenement to quarterly
which such non -domestic supply is served , and of any premises payments.
in the same curtilage to which no water is supplied .
16. All money's received under the authority of this ordi- Water
nance or which under the authority of section 28 of Ordinance account.
Application
No. 15 of 1888 may be disposed of to defray the expenses of thereof.
Reserve fund,
the water supply shall be carried to the credit of an account &c .
which shall be kept by the Water Authority and be called the
water account and such moneys shall be disposed of to defray
all or any of the expenses of or in connection with or for the
maintenance and repair of the waterworks or for the future
extension thereof or in or towards the payınent of all or any
sums of money expended and remaining unpaid or to be ex
pended in respect thereofor in the payment of any existing or
future loan or any portion thereof or the interest accruing
thereon or for the formation of a reserve fund for the purpose
of meeting the cost of extensions of the waterworks, or if so
resolved by the Legislative Council to purposes connected with
sanitation .
All sums so disposed of shall be debited to the water account,
and a balance sheet of the water account shall be laid before
the Legislative Council and published annually in the Gazette.
17. It shall be lawful for the Water Authority or any person Power to
duly authorised in writing by such Authority at any time enter tene
between the hours of 6 A.M. and 6 P.M. or in case of urgency at inspect ser
any other time, for the purposes hereinafter mentioned, to enter vices, &c.
into and upon any tenement into or upon which any service
has been laid or into or upon which water from the waterworks
is supplied or flows,
(1.) To inspect any service and to ascertain whether there
is any waste, leakage, obstruction or damage to
1314 [ 16 of 1890. ] WATERWORKS.
any service or meter therein and anything in con
nection therewith contrary to the provisions of this
ordinance or any regulations or bye-laws made
bereunder,
( 2. ) To regulate, repair, alter or make additions to any
service or meter,
( 3. ) To read or take the register of any meter for the
purpose of ascertaining the amount of water taken
or used,
Provided always that the power to enter, regulate, repair or
make additions under sub -section 2 shall not be exercised,
unless upon two hours previous notice being given to the
occupier, unless he dispenses therewith.
Power to 18. It shall be lawful for the Water Authority to diminish ,
suspend, &c.
supply of
water.
withhold or suspend, stop, turn off or divert the supply of water
through or by means of any service or public fountain either
wholly, or in part, or wherever such Water Authority may think
fit and without prejudice to any water rate, meter rent or other
sums due or to become due under this ordinance or any regula
tions hereunder , --
( 1. ) Whenever the available supply of water from the
waterworks shall in the opinion of the Water Au
thority be insufficient , or
(2. ) Whenever it may be expedient or necessary for the
purpose ofextending altering or repairing the water
works or for the purpose of the connection of
services , or
(3. ) Whenever any public fountain is damaged or the
waters thereof are polluted or wasted, and the person,
by whose act neglect or default such damage, pollu
tion or waste has occurred, cannot be found, or
( 4. ) If the construction or laying of any service by the
owner of any tenement is not made, altered or re
adjusted in accordance with the provisions of this
ordinance or any regulations made hereunder, or
( 5. ) If default be made in the payment of any moneys due
under this ordinance or any regulations or bye -laws
made hereunder from the occupier or owner of any
tenement, or so long as such default continues , or
at the request of the owner of the tenement, or
( 6. ) In cases of fire, or
( 7. ) If any act or thing be done or omitted contrary to
the provisions of this ordinance, or any regulations
made hereunder , in relation to any damage, Waste,
pollution or abuse of the waterworks or any service ,
meter or public fountain ,
WATERWORKS. ( 16 of 1890.] 1315
19. All moneys other than penalties or fines payable or Recovery of
recoverable under this ordinance or any regulations made here- Mineys under
this ordi
under shall be recoverable at the suit of the Colonial Treasurer nance.
in the summary jurisdiction of the Supreme Court together with
interest thereon at a rate not exceeding eight per centum per
annum , and any judgment given or order made shall be enforced
in the same manner in which any judgment or order may be
enforced in any other suit in the Supreme Court.
20. In any such suit a certificate under the hand of the Proof of
Water Authority that any sum of money is due shall in the money due.
absence of evidence to the contrary be conclusive evidence of
such debt and of the non -payment thereof.
21. As soon as practicable after the passing of this ordinance Demarcation
of gathering
the Governor shall cause the limits or areas of all gathering grounds.
grounds of the then existing waterworks to be marked out and
defined by boundary stones or in some conspicuous and per
manent manner , and thereafter no land not then already leased
by the Crown shall be granted , demised, or sold within such
limits or areas for any purpose whatsoever . A map showing
clearly such limits and areas shall be made, and kept for public
reference in the office of the Water Authority and a notification
of the completion of such map shall be made in the Gazette .
22. Whenever the Governor in Council decides that a gather- Reservation
iny ground is required for the purpose of extending or augment- grounds.
of gathering
ing the water supply of this Colony , the Water Authority shall
cause the limits or area thereof to be marked out, defined and
mapped as in the last preceding section and thereafter no land
not then already leased by the Crown shall be granted, demised
or otherwise disposed of within such limits or area for any pur
pose whatever except upon the express condition that such land
inay be resumed by the Crown at any time upon three years''
notice of such intention having been first given to the owner
thereof without any compensation whatever for such resumption.
23. It shall be lawful for the Governor in Council froin time Government
to time, to make, alter, and repeal regulations, for the better regulations,
carrying out of the provisions of this ordinance in respect of all
or any of the following matters ; that is to say : --
( 1. ) The price of water for non -domestic supply, such
price not to exceed 25 cents per 1,000 gallons.
( 2. ) The method and manner in which water may be taken
from the public fountains.
( 3. ) The amount of rent to be paid for meters .
( 4. ) The price to be paid for all services constructed or
laid by the Water Authority.
1316 ( 16 of 1890.] WATERWORKS .
( 5. ) The time mode and place for the payment of all
moneys due or to become due under this ordinance.
( 6.) The suspension of the water supply.
( 7. ) The construction, laying, fitting, alteration or read
justment of services and the nature, quality, size
and pattern thereof and of meters used therewith .
( 8. ) The prevention of waste of water.
( 9. ) The duties of the officers and servants of the water
authority, their proper behaviour and conduct and
the means of summarily enforcing the same, if
necessary, by penalties not exceeding in any case
$ 25 for neglect of duty.
( 10. ) The forms of all notices required to be given or sent
under this ordinance and the issuing and service
thereof.
( 11. ) In respect of all such other matters not hereinbefore
specifically mentioned as may conduce to the better
and more effective carrying out of this ordinance.
No such regulations nor any alterations or repeal thereof
shall have any force or effect until they have been published in
the Gazette.
Offences and penalties.
Offences and
penalties.
24. Whoerer sball wilfully or negligently injure the water
works, public fountains, services or meters, or shall unlawfully
draw off', divert or take water from the same or from any streams
or waters by which the waterworks are supplied, and whoever
shall pollute any such water, or shall allow any foul liquid gas
or other noxious or injurious matter to enter into the water
works or any services connected therewith , shall for every such
offence be liable to a penalty not exceeding one hundred dollars
and a further penalty not exceeding five dollars for each day
whilst the offence continues.
Penalties for
waste , &c.
25. Any person who shall wilfully or negligently misuse or
waste or cause or allow to be misused or wasted any water
passing into through or upon or near any tenement from the
waterworks, shall be liable to a penalty not exceeding twenty
five dollars. The liability to such penalty shall not prejudice
the remedy by suspension of supply or otherwise as provided
by section 18 of this ordinance .
Altering 26. Every person who shall alter or cause or permit to be
service.
altered any service without the consent of the Water Authority
or contrary to any regulations made hereunder shall be liable
to a penalty not exceeding fifty dollars.
WATERWORKS. ( 16 of 1890. ) 1317
27. Whoever shall alter or cause or permit to be altered any measur
Fraudulent
ement,
service with intent to avoid the accurate measurement or register
of water by means of any meter or to obtain a greater supply
of water than lie is entitled to and to avoid payment therefor or
who shall wilfully or negligently injure any meter shall be liable
to a penalty not exceeding two hundred dollars and any service
so altered or meter so injured shall be replaced or repaired by
the Water Authority at the expense of the person convicted and
may be recovered upon the order of a Magistrate in the same
manner as any penalty herein provided may be recovered upon
conviction .
28. Whoever shall put or allow to be put or to remain or to Foul accumu
accunulate on any tenement occupied or owned by him or his lation, of
servants or who shall not remove or cause to be removed or
take such steps as may be necessary to prevent upon notice from
the Water Authority any foul noisome or injurious matter or
any earth deposit or excavated material in such manner or place
that it may be washed fall or be carried into the waterworks or
the gathering grounds thereof, shall be liable to a penalty not
exceediny one hundred dollars and for every day during which
such matter earth deposits or excavated materials are allowed
to remain after notice in writing from the Water Authority
requiring the same to be removed, a further penalty of ten
dollars per dieu.
29. Any person Bathing,
washing, &c.
( a .) who bathes in any part of the waterworks; or,
( 6. ) who washes throws or causes to enter therein any
horse dog goat pig or any other animal; or,
( c. ) who wrongfully opens or closes any cock valve or
sluice belonging to the waterworks
shall be liable to a penalty not exceeding one hundred dollars.
30. All breaches of any regulations, made under this ordi- Penalties for
nance the penalty for which is not otherwise hereby specially regulations.
breach of
provided shall be punishable by penalties not exceediug twenty
five dollars.
31. All penalties under this ordinance or any regulations Recovery of
made hereunder may be recovered on summary conviction before penalties.
a Magistrate and shall be in addition to any other remedy or
proceeding whether civil or criminal which may be taken
pursuant to any statute ordinance or law now or hereafter in
force in the Colony.
32. The Governor in Council may, by order to be notified Powers of
author .
in the Gazette, confer upon the Water Authority all or any of authority
1318 ( 16 of 1890. ) WATERWORKS.
such powers and authorities as are vested in the Surveyor
General by any ordinance in respect of the subject matter of
this ordinance.
33. The words “ Two per cent of the Rates” in section 28
of Ordinance No. 15 of 1888 shall be deemed to mean two per
cent on the annual valuation as defined by the said Ordinance
No. 15 of 1888 .
Regulations for water-supply and for the distribution thereof made by
the Governor in Council the 21st day of May, 1891 .
( Gazette 22nd May, 1891.
[ .As amended by Regulations 29th June, 1891. ]
1. Definition ( Extract from “ Water Ordinance " ). “ The word service
و
shall have and include the meanings
“ All pipes, valves, cisterns, cocks, fittings , any other appliances (excepting "
“ any meter as hereinafter defined ) by or throngh which water flows or is"
“ intended to flow from the waterworks or which are or may be used for the "
“ purpose of supplying any tenement from the waterworks and which service "
“ is the property of the owner or occnpier of such tenement.”
2. All new services and alterations to old services are to be done in
accordance with the instructions of the Water Authority.
The Water Authority whilst consulting the wishes of the consumer, as far
as practicable, reserves the right to determine finally all matters concerning
the construction or alteration of services, such as the diameter of the pipe to
be used, the manner in which it is to be laid and the number, size, pattern
and position of the taps.
3. Notice of the intention to construct a new service, or to alter or extend
any existing one must be given to the Water Authority by filling in a printed
form which may be obtained, on application, at the said Office. This notice
must be delivered at the office of the Water Authority addressed to the Water
Authority, at least three clear days before work is commenced .
4. All new services or alterations or repairs to existing services are to be
carried out to the satisfaction of the Water Authority . Pipes and fittings of
approved quality only are to be used . Samples may be seen at the office of
the Water Authority,
5. No pipes, valves, or other fittings forming part of a service must be
covered up until they have been inspected and tested by the Water Authority.
As soon as a service has been inspected and approvel, it will be connected
to the waterworks, and the supply will commence. The connection will be
made by the Water Authority's servants only.
6. Whenever the owner or occupier of any tenement wishes that a service
should be made, altered , extended or repaired at his cost by the Water Aathority,
he must make application by filling in a printed form , obtainable on application
at the office of the Water Authority.
On receipt of this form , duly filled in and signed, the Water Authority will
cause the premises to be inspected and will arrange with the owner or occupier
as to the manner of construction of the proposed service.
7. The applicant for a service having signified to the Water Authority his
acquiescence to the final arrangement, proposed by the Water Authority, the
service will be constructed accordingly.
WATERWORKS. 1319
[ 16 of 1890. ]
8. The Water Authority does not undertake to restore any ornamental Moors,
wall -surfaces or other decorations which may be disturbed by the work.
9. On the completion of the work, the Water Authority will present to the
applicant a detailed account of the cost of the work including all labour,
materials and supervision.
10. The cost of services laid, altered , or repaired by the Water Authority
shall be paid to the Treasury in cash in full within fourteen days of the
presentation of the account .
11. The Water Authority will not be responsible for the maintenance or
repair of any service constructed by the same, after the date of the account
for construction .
12. The Water Authority, notwithstanding that its requirements have been
complied with as regards services, does not hold itself liable for any damage
that may arise in premises by bursting or overflowing. Nor will the Water
Authority by any permission or act extend its responsibility beyond the main
pipes in the public thoronghfares.
13. All pipes, used in the construction of services, are to be of cast - iron
of approved thickness and quality or wrought-iron both to be coated with
bitumenous composition ; or galvanized wrought-iron piping (the latter however
is not recommended ).
14. Wrought-iron service pipes are to be of the quality known as “ best
water piping ” and to be of the following weights :
3 " Diameter . ...... 60 lbs. per 100 feet .
-
ساااخنرت
111
96
311
..130
1" ..212
11" ..280
11 " ..345
2" ...470
15. Cast-iron pipes are to be substantially jointed with lead and yarn .
Wrought-iron pipes are to have screwed joints and sockets .
16. Lead pipes will only be permitted in new services when the water
which passes through them cannot be used for drinking or cooking (down
pipes to water closets or overflow pipes from cisterns, for example ). Provided
always that owners of premises which are now provided with lead -services
will not be compelled to remove them unless in the opinion of the Water
Authority they are too weak , or otherwise defective.
17. Every service is to be provided with a strong gland stop - cock with
solid bottom , either of brass or of cast -iron, if of cast-iron, the plug to be
asbestos- packel, or, with a screw -down stop -cock with a loose - valve ; or, in
the case of services larger than 2 " in iuternal diameter ; with a sluice or
slide - valve.
The stop-cock or valve is to be fixed under the pavement where there is
one, and as near to the tenement as practicable, and it is to be provided with
a cast -iron cover and lid so that it may at all times be accessible ; or, the
stop - cock may be fixed above ground in the tenement immediately inside the
door in some readily accessible place.
18. All draw -off taps are to be of the pattern known as “ screw -down "
with loose valves, not liable to turn on their seat when screwing down.
Patterns of the taps may be seen at the office of the Water Authority.
1320 [ 16 or 1890.] WATERWORKS .
19. Every cistern , to which water is supplied from the water-works, is to
be provided with an “ Equilibrium ” ball-valve of approved pattern , and the
ball -valve is to be so adjusted as to close the supply wben the water- level in
the cistern is two inches below the edge or overflow if there be one.
20. The overflow pipes of all cisterns are to be brought out to the outside
of the building and must terminate in some conspicuous position , so that any
leakage may be easily detected. No overflow pipe from any cistern must on
any account be connected to any drain or sewer or to the waste pipe of any
bath or sink or with the overflow from any other cistern . Each cistern must
have a separate overflow pipe.
21. All water closets are to be provided with automatic waste-preventing
flush tanks of approved pattern and under no circumstances must the service
be in direct communication with any water-closet- pan, latrine or urinal. In
every such case a cistern or tank must be interposed so as to prevent the
possibility of any return of foul liquid or gas to the service or mains.
22. The outlet of every drawing tap must be in some open and conspicuous
place, so that leakage may be easily detected ; and on no account must the
outlet be below the high water level in any cistern, tank, or other vessel into
which the tap delivers.
The inlet of every bath or lavatory basin must be separate and distinct from
the outlet, and the inlet must be at the top of the bath .
23. No overflow pipe must be altered without the permission of the Water
Authority
24. Water will be supplied in bulk and measured by means of a meter to
the following buildings or tenements :
( 1.) Those utilized for any purpose of trade.
(2. ) Those having within their curtilage a fountain, hydrant, stable ,
cowshed, piggery or other amex of a similar nature.
(3.) Hotels, Restaurants, Lodging Houses.
( 4. ) Piers and wharves.
( 5.) Police Stations, Gaols, Markets, Slaughter Houses, Cattle Depôts
and all Imperial, Colonial, Military or Naval Establishments .
25. The price of water supplied in bulk will be, until further notice, as
follows :
For the first 50,000 gallons per quarter at the rate of 2.5 cents per 1,000 gallons.
next 200,000 99 *: 20 1,000 99
300,000 18 1,000 9
1,500,000 15 1.000
3 8,000,000 " 12 1,000
In cases where unfiltered water is supplied half the above rates will be
charged .
EXAMPLE.
A consumption of 1,200,000 gallons per quarter would be charged as
follows :
50,000 gallons, ..... at 25 cents per 1,000 ......... $ 12.50
200,000 ..at 20 1,000 .... 40.00
300,000 ...at 18 1,000 .... ..54.00
650,000 > .... at 15 1,000 ... ... 97.50
1,200,000 $ 204.00
1321
WATERWORKS. [ 16 of 1890.]
26. The following rents will be paid to the Treasury quarterly and in
advance for the use of meters for one quarter or any part of a quarter, such
quarter shall be considered to commence on the first day of January, the first
day of April, the first day of July and the first day of October :
2" Meter, $ 8 y Quarter.
1.5" > .$6
1" 3 ,
ราชตัว
3"
4
111
S3
3"
$2
27. Meters will be read at such times as the Water Authority may direct,
not less frequently than three times a quarter. Whenever a meter is read a
memorandum of the reading and of the preceding reading will be left with the
occupier of the tenement supplied through it.
28. For the purpose of calculating the quarterly consumption the difference
between two readings of the meter shall be taken .
The first reading may be that observed on any day not more than ten days
before or after the calendar date of the commencement of the quarter, or in
the case of a newly fixed meter, the first reading of the meter.
The second reading may be that taken on any day not more than ten days
earlier or later than the calendar termination of the quarters, or if the meter
is removed or the supply closed during the quarter then the last reading shall
be taken ; and the difference between the two readings shall be taken as the
quarter's water consumption. If two or more meters have been in use during
the quarter then the quarter's consumption shall be the sum of the quantities
indicated by the meters .
Provided always that the reading used as the last reading of any quarter
shall be used as the first reading of the ensuing quarter.
29. If a meter is found to be out of order ; or if it be removed for repair or
alteration, the fact will be noted on the memorandum , mentioned in regulation (Regulations 29th
27. On fixing a new meter or refixing the old meter a second memorandum June, 1891.3
will be handed to the occupier of the tenement. The consumption for the
time that the meter was out of order or for the time that the service was
without a meter will be calculated according to the average daily rate of
consumption that obtained during the period between any two successive
readings, whilst the meter was in good order, immediately preceding the
removal of the meter.
30. If the consumer doubts the accuracy of the meter which measures the
water supplied to the tenementowned or occupied by him ; then the meter
will, on demand, be tested by the Water Authority. The consumer, or any
person appointed by him , may be present when the meter is tested. The
results of the test will be binding, both on the Water Authority and on the
consumer ; and the quantity of water indicated by the meter, from the first
reading of the quarter, as defined in regulation 28, shall be corrected accord- June
( Regulations
, 1891.)
20th
ing to the results of the test.
If the meter be found to indicate correctly or if it be found to indicate too
little, then a fee of $ 10 shall be paid for testiny.
If the meter be found to indicate too much then no fee shall be paid for
testing.
31. Meters will be maintained by the Water Authority and all repairs
except those caused wilfully or neg igently will be made by and at the cost
of the Water Authority .
1322 [ 16 OF 1890.] WATERWORKS.
22 OF 1890.) CHINESE EMIGRATION AMENDMENT.
( 23 OF 1890.) CATTLE DISEASES, SLAUGHTER -HOUSES,
AND MARKETS- AMENDMEST.
[ Regulations 29th 32. The value of the amount of water consumed shall be ascertained
June, 1891. )
and calculated in accordance with the regulations numbered 25, 26, 27, 28
and 29 of these Regulations. From the sum thus obtained a deduction will
be made, equal to 1 per cent. on the annual valuation of the tenement, as
defined under the Rating Ordinance, and the balance, if any, shall be paid
to the Government Treasury. Each quarter's account shall be final , and no
surplus shall be carried forward from one quarter to the next.
No. 22 OF 1890.
An Ordinance to amend the Chinese Emigration Con
solidation Ordinance, 1889.
[ 17th December, 1890.)
* *
English 1. If any person shall be found on board any passenger ship
PassengerAct with intent to obtain a passage therein without the consent of
the owner , charterer, or master thereof, such person , and every
person aiding and abetting him in such fraudulent intent, shall
respectively be liable to a penalty not exceeding five hundred
dollars and in default of payment to imprisonment, with or
without hard labour, for a period not exceeding six calendar
months; and such person so found on board may be taken
before any Justice of the Peace, without warrant, and such
Justice may summarily hear the case,and on proof of the offence
convict such offender as aforesaid .
No. 23 of 1890 .
An Ordinance to amend The Cattle Diseases, Slaughter
Houses, and Markets Ordinance, 1887.
[ 17th December, 1890. )
1. This ordinance and The Cattle Diseases , Slaughter -Houses,
and Markets Ordinance of 1887 shall be read and construed as
one ordinance to be called The Cattle Diseases, Slaughter - Ilouses,
and Markets Ordinance 1887 and 1890.
CATTLE DISEASES, SLAUGHTER - HOUSES, [ 23 of 1830. ] 1323
-
AND MARKETS - AMENDMENT.
COMPANIES ( MEMORANDUM OF ASSOCIATION ). [ 25 or 1890. ]
4. No person shall sell or expose for sale or bring into the sec
11 .of111845,
, & 17
Colony or into any market any food for man in a tainted, of 1887, sec.
adulterated, or un wholesome state or which is unfit for use, or 21.
any food for any beast or animal which is in an unwholesome
state or unfit for their use , under a penalty not exceeding one
hundred dollars and the forfeiture of the said fool, and the
forfeiture and destruction of the said food.
5. The words “ food for man ” shall include every article c.3863& , 39 Vict.
sec . 1 .
used for food or driuk by man other than drugs or water .
No. 25 OF 1890 .
An Ordinance to give further Powers to Companies
with respect to the Alteration of their Memoranda
of Association ,
[ 17th December, 1890.]
*
1. ( 1.) Subject to the provisions of this ordinance, a com- Power for
pany registered under The Companies Ordinances, 1865 to company to
1886 , may, by special resolution , alter the provisions of its randum
memorandum of association or deed of settlement with respect subjectconfirmation
to the objects of the company, or so far as may be required for by Court.
any of the purposes hereinafter specifie:l or alter the form of its
constitution by substituting a memorandum and articles of
association for a deed of settlement, either with or without any
such alteration as aforesaid with respect to the objects of the
company but in no case shall any such alteration take effect
until confirmed on petition by the Court.
( 2. ) Before confirming any such alteration the Court must
be satisfied
( a . ) that suficient notice has been given to every holder
of debentures or debenture stock of tie company ,
and any persons or class of persons whose interests
will, in the opinion of the Court, be affected by the
proposed alterations ; and
(b. ) that, with respect to every creditor who in the opinion 130 ard
.
31
of the Court is entitled to object, and who signifies sVict,c.131
)
his objection in manner directed by the Court either
his consent to the alteration has been ob :ained or
his debt or claim has been discharged or has deter
mined , or has been secured to the satisfact on of the
Court.
1324
[ 25 of 1890.) COMPANIES (MEMORANDUM OF ASSOCIATION ) .
Provided that the Court in the case of any person or class of
persons for special reasons dispense with the notice required by
this section.
( 3. ) An order confirming any such alteration may be made
on such terms and subject to such conditions as to the Court
seems fit and the Court may inake such orders as to costs as it
deems proper.
( 4.) The Court shall, in exercising its discretion under this
ordinance, have regard to the rights and interests of the mem
bers of the company, or of any class of those members, as well
as to the rights and interests of the creditors, and may , if it
thinks fit , adjourn the proceedings in order that an arrangement
may be made to the satisfaction of the Court for the purchase
of the interests of the dissentient members ; and the Court may
give such directions and make such orders as it may think
expedient for the purpose of facilitating any such arrangement
or carrying the same into effect provided always that it shall
not be lawful to expend any part of the capital of the company
in any such purchase.
Circumstan
ces under
( 5. ) The Court may confirm either wholly or in part any
which pro such alteration as aforesaid with respect to the objects of the
posed altera-
tion may be company if it appe:urs that the alteration is required in order to
confirmed . enable the company
( a .) to carry on its business more economically or more
efficiently ; or
( 6. ) to attain its main purpose by new or improved means;
or
( c. ) to enlarge or change the local area of its operations;
or
( d .) to carry on some business or businesses which under
existing circumstances may conveniently or ad
vantageously be combined with the business of the
company ;
( e. ) to restrict or abandon any of the objects specified in
the memorandum of association or deed of settle
ment.
Registration 2. ( 1. ) Where a company has altered the provisions of its
together with memorandum of association or deed of settlement with respect
memorandum
as altered or
to the objects of the company, or has altered the form of its
substituted constitution by substituting a memorandum and articles of
memorandum association for a deed of settlement, and such alteration has
and articles
and conse been confirmed by the Court, an office copy of the order confirm
quences
thereof. ing such alteration, together with a printed copy of the memo
randum of association or deed of settlement so altered , or
together with a printed copy of the substituted memorandum
COMPANIES (MEMORANDUM OF ASSOCIATION ). [ 25 or 1890.) 1325
PUBLIC HEALTH - AMENDMENT. 26 of 1890. ]
and articles of association ( as the case may be) shall be delivered
by the company to the Registrar of Companies within fifteen
days from the date of the order, and the Registrar shall register
the same, and shall certify under his hand the registration
thereof, and his certificate shall be conclusive evidence that all
the requisitions of this ordinance with respect to such alteration
and the confirmation thereof have been complied with, and
thenceforth ( but subject to the provisions of this ordinance ) the
memorandum or deed of settlement so altered shall be the
memorandum of association or deed of settlement of the com
pany, or, as the case may be, such substituted memorandum and
articles of association shall apply to the company in the same
manner as if the company were a company registered under
Ordinance No. 1 of 1865 , with such meinorandum and articles
of association , and the company's deed of settlement shall cease
to apply to the company ,
( 2. ) If a company makes default in delivering to the Regis. Penalty for
trar any document required by this ordinance to be delivered default.
to him the company shall be liable to a penalty not exceeding
fifty dollars for every day during which it is in default.
3. The expression “ the Court ” as used in this ordinance “Definition of
the Court."
shall mean the Supreme Court of this Colony.
4. ( 1. ) This ordinance may be cited as The Companies and Shortconstru
title c
( Memorandum of Association ) Ordinance, 1890. tion .
( 2. ) Tliis ordinance and “ The Companies Ordinances, 1865
to 1886,” shall be construed as one ordinance, and may be cited
collectively as “ The Companies Ordinances, 1865 to 1990.”
66
( 3. ) In this ordinance the expression “ deed of settlement?
includes any contract of co -partnery or other instrument con
stituing or regulating the company and not being an ordinance,
a Royal Charter, or Letters Patent.
No. 26 OF 1890 .
An Ordinance to amend the Public Health Ordinance
of 1887.
[ 17th December, 1890.]
* * *
[ See No. 24 of
1887.]
2. The Board may , from time to time, delegate to the Sanitary
Superintendent all or any of the powers conferred upon it by
sections 17 , 18 , 19 , 36 , and 53 of the said ordinance. * The [* .10. 24 of
1887. ]
Board may revoke such delegation at pleasure.
1326 [ 27 OF 1890. ) SQUATTERS.
No. 27 OF 1890.
An Ordinance entitled The Squatters' Ordinance, 1890.
[ 19th December, 1890 ]
Preamble .
WHHEREAS at the date of the establishment of this Colony
certain persons were in the occupation of land therein
and they and their descendants and representatives have
continued to hold the same without any grant of any lease or
interest from the Crown and whereas certain other persons have
since the establishment of the Colony taken possession of land
therein and they and their descendants and representatives have
occupied the same without any grant of any lease or interest
from the Crown. And whereas certain other persons have been
and are in occupation of land witbin the Colony under licence
from the Crown (known as squatters ' licences) but without
any other grant of any lease or interest from the Crown. And
whereas it is desirable that the irregular occupation of Crown
land should be discontinued but that such of the above mentioned
occupiers (hereinafter referred to as squatters ) as may be deemed
to have an equitable claim thereto shall receive leases from the
Crown of their several holdings upon the terms and subject to
the conditions hereinafter mentioned.
*
Title of
ordinance.
1. This ordinance shall be called The Squatters' Ordinance,
1890.
Claims to
leases to be 2. Claim by squatters to leases from the Crown shall subject
heard by to the provisions of this ordinance be heard and determined by
board . a Board hereinafter referred to as the Board which shall consist
of one of the Judges of the Supreme Court, the persons respect
Composition ively filling the offices of Surveyor General and Registrar
of board .
General for the time being and one other person to be from time
to time appointed by the Governor.
Chairman . 3. The Judge aforesaid shall be the chairman of the Board
Quorum .
and three members thereof shall form a quorum . In the case
an equal division of opinion the chairman shall bave a casting
vote . There shall be a secretary to the Board to be appointed
Governor to
appoint
by the Governor, whose duty it shall be to keep a record of all
Secretary. proceedings and decisions of the Board , to receive all claims and
communications to the Board and to issue all orders and
directions of the Board .
Powers of
board . 4. The Board shall for the purposes of this ordinance have
the following powers :
Time, form
and manner ( 1. ) To determine within what time claims to leases in any
of presenting
claims.
specified village or district shall be presented to the
Board , and in what form and manner such claims
are to be presented .
SQUATTERS. [ 27 or 1890. ] 1327
( 2. ) To cause to be notified in any village or district in Notification
which land is occupied by squatters and in such to be made in
village.
manner as the Board may direct, notice of the time
within which claims to such lands must be made,
and the form and manner of making such claims.
( 3. ) To fix the dates and times and places for the hearing Timeand
of such claims to leases and to cause notice of such hearing
place of
dates and times and places to be notified to claimants claims.
in such manner as the Board may direct.
5. If in any case it shall appear to the Surveyor General Surveyor
General
before the hearing that a lease can be granted to any claimant repo maym
rt clai
without further investigation he shall report the same to the to be
Board accordingly and it shall not be necessary for the claimant admitted .
or his witnesses to appear before the Board unless the Board
shall so order.
6. For the purpose of the hearing of any claim to a lease the Further
ers
board of
Board shall have powers similar to those vested in the Supreme pow
Court of this Colony on the occasion of any suit or action in witnesses
respecting, the
respect of the following matters, viz. : production of
documerts
( 1. ) Enforcing the attendance of witnesses and examining and enforcing
any order of
thern on oath, affirmation or otherwise. board .
( 2. ) Compelling the production of documents.
( 3. ) Punishing persons guilty of contempt of the board or
of any order of the Board.
( 4. ) Ordering inspection of property .
( 5.) Making and enforcing any order which may be
necessary to the proper hearing and determination
of any question before the Board, and the Board
may exercise all or any of such powers for the
purposes of any claim before the Board to the same
extent as the Supreme Court might exercise them
or any of thein for the purposes of any suit or action .
7. Any member of the Board shall for the purposes of any Power of
enquiry made by the Board have power to enter and view any entry .
premises or property and the Board shall have power to author
ize any person nominated by the Board to enter and view any
premises or property for the like purpose.
8. If in any claim to a lease it shall appear to the Board that Power of
any witness has committed wilful and corrupt perjury the respect
board twith
to
Board may for the purpose of punishing such perjury exercise committing
any witness
powers similar to and to the same extent as those conferred on perjury.
the Supreme Court by scction 23 of Ordinance 12 of 1873 for
the punishment of perjury in any canse suit or action .
13:28 [ 27 or 1890. ] SQUATTERS.
Summons, 9. Any summons order warrant or direction of the Board
warrant, or
order to be shall be deemed to be duly made with the authority of the
signed by Board if signed by the chairman of the Board and issued by
Chairman .
the secretary and any such summons order or warrant so
signed and issued in connection with and for the purposes of
any claim to a lease shall be equivalent to any form of sum
mons, order or warrant issued in any action or suit in the
Supreme Court for enforcing the attendance of witnesses, or
compelling the production of documents or otherwise for the
purposes of any snit or action.
Board may
allow or 10. The Board may allow or disallow any claim to a lease
disallow or allow the same as to part of the claim or subject to such
claim. conditions as it may think fit.
Surveyor
General 11. The Surveyor General shall before the hearing of the
before hear claims relating to land in any district or village fix the several
ing of claim
to fix rent to rents to be charged in any leases which may be granted and
be charged . the amount of the rent so fixed shall be communicated in the
notice for claims referred to in section 4 , sub - section ( 2 ) but
Governor
may grant
the Governor may on the recommendation of the Board or of
lease at lower his own motion grant the lease in any particular case with a
rent .
rent lower than that previously fixed by the Surveyor General.
When claim 12. In cases where the Board allow the claim a lease shall
allowed heated be granted within such time as may be convenient unless the
unless Governor in his discretion decline to grant a lease in which
Governor
declines. case the claim shall be referred back to the Board to decide
what compensation shall be paid to the claimant or claimants
Compensa-
tion .
and the amount awarded by the Board shall be paid by the
Government to such person or persons as the Board may direct .
Squatter 13. After the passing of this ordinance occupation by any
when to be
deemed person as a squatter or without licence or without any grant
trespasser . of any estate or interest from the Crown of land a lease for
which has been disallowed by the Board or in respect of which
compensation as above mentioned bas been paid or for which
no lease has been claimed under this ordinance shall be deemed
to be a trespass and the person so occupying without having a
grant as aforesaid may be dealt with as a trespasser accordingly.
No appeal. 14. No appeal shall lie from any decision of the Board nor
shall its proceedings be liable to revision by or removal to the
Supreme Court of the Colony by writ of cortiorari or other
.
legal process .
Form of
leases .
15. Lcases to be granted to squatters under this ordinance
shall be in such form or forms as may from time to time be
submitted by the Board and approved by the Governor in
Council.
Date of 16. This ordinance shall not come into force until Her Ma
coming into
force. jesty's confirmation thereof is proclaimed by the Governor.
[ In force from 1st Jay, 1891. Proclamation 20th April, 1891.]
WIDOWS' AND ORPHANS' PENSIONS. [ 30 OF 1890. ] 1329
No. 30 OF 1890 .
An Ordinance to provide for and regulate aa Pension
Fund for widows and children of Public Officers of
the Colony .
[ 22nd December, 1890.]*
1. This ordinance may be cited as The Widows' and Orphans' short title..
Pensions Ordinance, 1890.
2. For the purposes of this orlinance, the following expres. Interpreta
tion .
sions shall have and include the meanings respectively set
against them , wherever the same are not repugnant to the
context .
Contributor. – Any public officer as hereinafter defined
whose salary is liable to abatement under this ordi
nance or who may be admitted by the directors of
the fund to contribute to it .
Directors.-- The directors of the fund , to be appointed under
this ordinance.
Orphan. — Any child born to any deceased contributor by
his wife after marriage.
Pension.- Any pension granted under this ordinance,
except where the context shall imply that the pension
of the contributor himself is referred to .
Pensioner.-- Any person entitled to a pension under this
ordinance.
Public Ojjicer. - Any officer of the Colonial Civil Service in Ceylon Ord.of
the Colony who is in receipt of a yearly salary of not No 188 2.
less than two hundred and forty dollars or of a pension
calculated thereon and whose engagement of service
is not terminable at any fixed or definite period .
Salary.— The total emoluments of whatever nature of any
contributor payable out of the Colonial Treasury.
The Fund . - All inoneys raised under this ordinance,
whether by contributions, fines, interest, loan, or
otherwise.
Wife. — The lawful wife of any public officer of the Christian
or Jewish religion or in the case of Chinese the Kit
Fat or in the case of any other Asiatic nation the first
wife .
Widow.— The widow of any contributor.
1330 [30 of 1890. ) Widows' AND ORPHANS' PENSIONS .
The Fund.
Fund . 3. The fund shall be called The Widows' anl Orphans' Fund ,
and shall be raised as hereinafter directed .
Abatement of
salaries . 4. An abatement at the rate of four per cent shall be inade
[ Ibid.1 & 2.] by the Colonial Treasurer or the Crown Agents as the case may
be on each payment of the salary or pension of every public
officer who shall enter the Civil Service of the Colony after the
31st December, 1890, or whose yearly salary , baviny previously
been less than two hundred and forty dollars shall, after such
date, be increased to two hundred and forty dollars or more,
and of the salaries of the persons at present holding the offices
[ See No. 18 mentioned in schedule A. hereto and of their successors in the
of 1891, 8. 5. ] said offices. All other payments and contributions to the fund
shall be made to the Colonial Treasurer and placed to the
credit of the fund. Provided always that on good and sufficient
cause shown the Governor in Council may exempt from such
abatement any officer mentioned in the said schedule.
Voluntary
contributors.
5. The directors may admit any public officer who shall have
[ Ibid. 6. ] been appointed before the coming into force of this ordinance
to contribute towards the fund, provided that such public officer
shall pay forth with, or by such instalments as the directors shall
determine, a sum equal to all the abatements which would have
been made from his salary and all the compound interest at the
[ No, 18 of rate of six per cent which would have accrued on such abatements
1891. )
if he had commenced to contribute to such fund on the date
when this ordinance first came into force. And every public
officer so admitted to contribute to the fund shall be entitled to
the same privileges and shall be subject to the same conditions
in respect of the fund as are all other contributors.
Management of the fund.
Directors.
[ Ibid. 13.)
6. The Governor in Council shall appoint annually or from
time to time as may be necessary, tive directors of the fund,
who shall be eligible for re-appointment, and those duty it
shall be to superintend the management and administration of
such fund, and to enforce the laws and regulations relating
thereto. Any three of such directors shall form a quorum .
Annual
accounts.
7. The directors shall, on or before the thirty - first day of
[ Ibid . 13.) January in each year, prepare a detailed statement and account
of the fund for the year ending on the thirty -first day of De
cember preceding, with such report on the state and prospects
of such fund as the directors may deem necessary. Such state
ment and report shall be submitted to the Governor and laid
before the Legislative Council, and shall be published in the
Gazette. The outgoing directors shall continue to hold office
until new directors are appointed.
WIDOWS' AND ORPHANS' PENSIONS. [ 30 OF 1890. ] 1331
8. The directors may make regulations not inconsistent with Regulation.
this ordinance for the better carrying out of the same, and such [ Ibid. 40.]
regulations shall be subject to the approval of the Governor in
Council, and shall be published in the Gazette.
9. All acts and decisions of the directors under this ordinance Appeal to
may be revised and modified by the Governor in Council, whose Governor in
decision shall be final in all questions which may arise under [ Ibid. 31.]
this ordinance .
10. All payments into and out of the fund shall be made in Currency.
dollars current in the Colony, and no pension shall be either
increased or abated on the ground that the pensioner entitled
to it is residing in a country where dollars are not current.
When a contributor is drawing pay or pension in sterling, such
pay or pension shall be abated four per centin sterling, and the
fund shall be credited with the equivalent of such abateinent at
the rate of exchange of the day.
11. A sum not exceeding five per cent shall be deducted from Working
the total annual contributions to the fund to defray all expenses expenses.. )
connected with its administration .
12. On the thirty -first day of December of the tenth year Investigation
after the coming into force of this ordinance, or so soon after as by actuary:]
possible, and quinquennially thereafter, an actuary or actuaries
to be appointed by the Governor in Council shall investigate
the fund, and report fully as to its working , its results , its
financial position, and whether any, and if so , what re-adjust
ment of pensions or contributions is necessary .
Investment of the fund. Conditions of contribution.
13. All moneys belonging to the fund shall be placed on The fund .
deposit in the Colonial Treasury or in such bank as may be [Ibid. 4.]
fixed upon by the directors, and shall bear interest at the yearly
rate of six per cent without deduction. Such interest shall be
calculated on the daily balances standing in the hands of the
Colonial Treasurer to the credit of such fund , and the amount
of interest so due shall be computed half-yearly, and carried to
the credit of such fund not later than the tenth day of January
*
and the tenth day of July in each year. [ No. 18 of
1891. ]
14. The abatement of four per cent from the salary of any Cessor of
contributor shall continue until such contributor shall contribution .
[ Ibid . 7. )
( 1. ) Have contributed for thirty -five successive years, or ( No. 18 of
( 2. ) Have completed the sixty -fifth year of his age, or 1891, 8. 3.]
( 3. ) Cease to be a public -officer,
whichever inay first happen. Provided that no contributor
shall be compelled to pay any contributions towards the fund
beyond such as will entitle his widow or orphans to the maxi
mum yearly pension provided for by section 38 .
1332 [ 30 OF 1890. ) widows ' AND ORPHANS ' PENSIONS .
Reduction of 15. When the salary of any contributor shall be reduced ,
salary .
[ 1bid . 8 & either by his retirement on pension or otherwise, the monthly
37. ) contribution to be made by him during his remaining period
for contribution as laid down in the preceding section, shall be
four per cent of the actual salary or pension to which he is
entitled, and the pension payable on bis death to his widow or
orphans shall be reduced by the same amount as would have
been added to it had such contributor's salary been increased
in the same ratio as that in which it has been diminished . But
such contributor may, should he so desire, continue his previous
rate of contribution for the remainder of his said period on his
giving notice in writing to the directors of his intention to do
so , in which case bis widow or orphans shall be granted the
full pension to which such rate of contribution entitles them .
Withdrawal 16. A public officer who may retire from the public service or
from strrice
without who may be deprived of the situation in respect of which he con
pension .
[ Ibid . 9. ]
tributed to the fund, but who shall not be granted a pension or
No. 18 of compassionate or superannuation allowance, may continue to con
1891 , 8. 4. ] tribute to the fund from and after the date of his so retiring or
being deprived of his situation, on the salary he was receiving at
such date and atthe same rate and subject to the same terms and
conditions as if he had continued in the public service. In the
event of his failing so to continue to contribute, or in the event of
any contribution due from him being six months in arrears, it shall
be considered that he has ceased to contribute to the fund , and his
widow or widow and children , as the case may be, shall be entitled
on his death only to a pension computed on the basis of the interest
acquired by such contributor in the fund at the date of his so retir
ing or being deprived of his situation, in accordance with the tables
contained in schedule B.
Withdrawal
unmarried ,
17. When any contributor, being a bachelor, or a widower
& c. without children born in wedlock , shall retire unmarried from
[ Ibid . 36. ) the service on pension, one half his total contributions to the
fund shall be repaid to him without interest, provided his claim
is lodged in manner prescribed by the preceding section.
Transfer to 18. When any contributor shall be transferred from the
other
employ . service of the Colony to other employment under the Crown ,
[ Ibid . 10. )
he shall, from the date of such transfer, cease to contribute to
the fund , but his widow or children , as the case may be, shall
be entitled , on the death of such contributor, to a pension com
puted on the basis of the interest acquired by such contributor
in the fund at the date of his transfer, in accordance with the
tables hereinafter referred to. And if, when such contributor
retires from the service of the Crown on pension, he is a bachelor
or a widower without children born in wedlock , he may claim
WIDOWS' AND ORPHANS' PENSIONS. [ 30 OF 1890 . 1333
repayment from the fund of half of bis total contributions, with
out interest , provided his claim is lodged in the manner
prescribed by section 16 .
19. No contributor who has been dismissed from the public Dismissal,
service for misconduct nor his wife or children shall have any [Ibid. 11.)
claim upon the fund on account of the contributions of such
contributor thereto .
Register of Contributors. Particulars.
20. A register of contributors shall be kept by such officer Register of
as the directors may appoint for the purpose , in which shall be contributors..
entered ,
( 1. ) The age of each contributor
( 2. ) The date of his marriage
( 3. ) The date of his wife's birth if any
( 4. ) The names and ages of his children born
in wedlock
21. Every contributor shall, within three months of his First
commencing to contribute if in the Colony, or within six months particulars.
[
if out of the Colony, supply to the directors a statement in
writing of the particulars specified in section 20, and shall, if
required, verify the same to the satisfaction of the directors by
statutory declaration or in such other manner as the director's
may require.
22. Every contributor shall notify the directors in writing Subsequent
of any of the following events, and shall also supply them with [particulars,
Ibid . 17 , 20.]
the particulars relating to such events hereinaftermentioned ;
( 1. ) His marriage, the date thereof , and the age of his
wife .
( 2. ) The birth of any child of such contributor, born in
wedlock , the date thereof , and the sex and name
of such child .
( 3. ) The marriage of any such child if aa female .
( 4. ) Divorce from his wife.
( 5. ) The death of his wife or of any of his children born
in wedlock .
Such notice to the directors and such particulars shall be in
writing, and shall be supplied to them within three months of
the event to which they refer, if such contributor is in the
Colony, or within six months if he is absent from it. The
directors may require any contributor to verify such particulars
by statutory declaration or in such other manner as the direct
ors may require.
1334
[30 of 1890. ) WIDOWS' AND ORPHANS' PENSIONS.
Neglect to 23. Whenever the directors shall be satisfied that any
furnish
particulars. contributor has failed or neglected , after reasonable notice, to
(1bid. 21.]
comply with any of the requirements of section 21 or 22, they
may impose on such contributor a fine not exceeding twenty
five dollars, which shall be deducted froin his salary or pension
by the Colonial Treasurer or Crown Agents and carried to the
credit of the fund .
Furnishing
false parti. 24. Whenever the directors shall be satisfied that any
culars. contributor has wilfully supplied any false information under
[Ibid. 21. ] section 21 or 22 , they may impose on such contributor a fine
not exceeding fifty dollars, which shall be deducted from his
salary or pension and carried to credit of the fund as directed
in the preceding section .
Pensioners.
Pensioners ,
[ Ibid . 22.] 25. Except in the cases enumerated in the next section, the
widows and orphans of all contributors shall be entitled to
pensions from the fund .
Exceptions, 26. The following persons shall not be entitled to any
pension under this ordinance
[ Ibid. 23. ) ( 1. ) The widow of any contributor who dies within one
year from the date of his marriage, unless a child
be born of such marriage. In case of the death of
such child the widow's pension shall cease.
[ Ibid. 33.] ( 2. ) The widow of any contributor who married after
completing his thirty -five years of contribution to
the fund, or after the sixty -fifth year of his age, or
after his retirement on pension.
( 3. ) Any child of such marriage.
( 4. ) Any orphan, whose mother is in receipt of a pension .
Cesser of
pension.
27. The pensions granted to orphans shall cease in the case
( Ibid. 24.) of males at eighteen years of age, and in the case of females at
twenty - one years of age, or on marriage.
Computation 28. The pension to which a widow or any orphan is entitled
of pensions.
[ Ibid . 25. ) shall be computed in accordance with the tables contained in
the schedule B to this ordinance. Such tables shall be subject
to revision from time to time as the Governor in Council may
deem necessary, and such revised tables shall be published in
the Gazette.
1335
WIDOWS' AND ORPHANS' PENSIONS. [ 30 OF 1890. )
>
29. When orphans have no living mother or step -mother Motherless
entitled to a pension and their ages entitle them to a pension (Ibid. 26.]
such pension shall be computed as follows; --
( 1. ) If there are three orphans or less entitled to pension,
each orphan shall receive one -fourth of the pension
to which the wife of the deceased contributor would
have been entitled if she had survived him , or which
she was receiving at the time of her death .
( 2. ) If there are more than three such orphans so entitled
to pension, then the pension to which such widow
would have been entitled or was receiving shall be
divided equally among them.
30. The directors may make such arrangements as they Payment of
shall think fit for paying any pension to orphans or to a widow pensions
trust in
with orphan children or step-children into the hands of trustees,
guardians, school-masters, or other suitable persons, either
wholly or in part. The directors may withold payment of any
such pension until such arrangements are made to their satis
faction. The receipts of such trustees, guardians, school -masters,
or other suitable persons shall be a sufficient discharge to the
directors for the amounts which such receipts represent.
31. Any widow who marries again shall forfeit all claim to Remarriage
pension arising from her previous marriage with a contributor. [OfIbid
widow .
. 27.)
If there are children by such previous marriage with a contri
butor, such children shall, if eligible for pensions, bư: treated as
orphans within the meaning of section 29.
32. A wife against whom any contributor has obtained a Divorce or
divorce in a British Court of Justice shall, for the purposes of separation.
this ordinance, be considered as dead, but where a contributor
has been separated from his wife, judicially, or by mutual
consent, or otherwise, the directors may, having regard to the
grounds of the separation , and the subsequentconduct of both
parties, grant a pension either to the widow or to the orphans
if any , as they shall think most desirable.
33. The widow of any contributor by a second or any other Second wives.
[ Ibid, rules.]
subsequent marriage shall be entitled to the same pension as
would have been paid to the first wife if she had survived her
husband, provided that such second or subsequent wife was not
younger at the date of her marriage with the contributor than
the first wife would have been at such date if she had lived . If
she is younger, her pension shall be reduced in accordance with
the tables herein before mentioned .
1336 [ 30 OF 1890. ] widows' AND ORPHANS' PENSIONS.
Step -mothers 34. When any contributor dies leaving a widow and also
and children.
28. children by a previous marriage whose ages entitle them to
pensions, the respective pensions of such widow and of such
orphans shall be computed as follows ;
( 1. ) If there are three or more children , they shall be
entitled to one-half thepension to which their mother
would have been entitled had she survived her
husband, to be divided equally amongst them .
( 2. ) If two such children , one-third of such mother's
pension shall be divided between them.
( 3. ) If only one such child , he shall be entitled to one
fourth of such mother's pension .
( 4. ) In any of the three above-mentioned cases, the said
widow shall be entitled to one-half of the pension
which she would have received under section 33 had
there been no such orphans.
( 5. ) If there are no such orphans, or if they cease to be
entitled to pensions, the pension of such widow will
be computed under section 33.
( 6. ) Should such widow die without leaving children or
marry again having had no child by such contri
butor, the orphans by the previousmarriage shall
be entitled to pensions as if their father had not
married such widow.
( 7. ) Should such widow die leaving children or marry
again having children living by her marriage with
such contributor, such children shall have the pen
sion to which their mother was entitled divided
equally amongst them .
Pensions. General rules.
Non - resident
pensioners.
35. Widows or orphans entitled to pensions and residing
[ Ibid . 29. ) out of the Colony must produce proof, to the satisfaction of the
directors, of their being alive and entitled thereto, before their
pensions are paid .
Pensions not
transferable 36. No pension shall be assignable or transferable, nor shall
&c . such pension be attached, arrested or levied upon for or in
[ Ibid. 30.] respect of any debt or claim due by its recipient.
WIDOWS' AND ORPHANS' PENSIONS. [30 of 1890. ) 1337
37. Every pension shall commence from the day of the death ment
Commence
of
of the contributor, or mother, or step-mother whose death causes pension.
such pension to become payable ( upon proof of such death to ( ibid. 32.]
the satisfaction of the directors ) and shall accrue daily , and
shall be paid monthly by the Colonial Treasurer clear of any
deduction , until such pension shall cease to be payable. The
Colonial Treasurer may demand a receipt for each payment in
such form as the directors may determine, and such receipts
shall be exempt from stamp duty .
38. No pension to the family ofany one contributor, however Maximum
such pension may be allotted, shallexceed a gross}yearly total panico :
[Ibid. 34.]
of fifteen hundred dollars.
39. No pension shall be either increased or abated on the Climate.
ground that the person entitled to receive such pension resides [[Ibid.35. ]
in a climate more or less healthy than that of Hongkong.
40. All pensions, whether accruing or to accrue, shall be Pensions may
from time to time subject to re-adjustment according to the adjusted.
financial condition of the fund as determined according to the ( ibid .39.]
provisions of section 12. Such re-adjustment shall bemadeby
the directors and approved by the Governor in Council. Notice
thereof shall forth with be sent to all contributors and pensioners .
41. This ordinance shall come into operation on the 1st day Commence
ment of
of January, 1891, provided always that the abatement on the ordinance.
salaries of the officers mentioned in schedule A shall remain in
abeyance until the approval by the Secretary of State of an
increase to their salaries in 1890 of at least 14 per cent. shall
have been signified .
1338
A.
Schedule
OFFICERS
OF
LIST
HAVE
OBTAINED
WHO
ABSOLUTE
AN
INCREASE
SALARIES
ON
20
OF
IN
,1875
CENT
PER
[ 30 он
Salary Salary Increase
Office
. Nam
. e Salary
1875
. 1890
. .1891 over
1890
.
$
COLONIAL
SECRETARY
.
1st
Clerk
, M.
J.
Alves
,S. 2,400 1,920 2,304 384
Personal
Allowance
,
,.Do. Do. 360 360
2nd
Clerk
, P.
H.
Rozario
, 1,440 1,440 1,728 288
3rd
Clerk
, J.
M.
Gutierrez
, 1,344 1,344 1,612 268
COLONIAL
.TREASURER
2nd
Clerk
, A.
F.
Alv
, es 1,560 1,440 1,728 288
,Do. Person
Allowa
, al
nce Do
, . 220 720
SURVEYOR
GENERAL
.
OF 1890. ] WIDOWS' AND ORPHANS' PENSIONS.
2nd
,Clerk W.
Gou
, lbourn 1,080 1,200 1,440 240
ersonal
Allowance
P,.Do.
, ... Do
, .
4th
Clerk 60
, F.
Fr
, anco 400 ...
480 576 96
CSCHEDULE
,-
.Aontinued
Increase
Salary Salary Salary
Oflice
. .Name over
1875
. 1890
. .
1891
1890
.
$
.
OFFICE
Post
Accoun
, tant G.
J.
Rocha
,... 1,680 1,440 1,728 288
,Do. Person
Allowa
, al
nce Do.
, 480 480
...
Order
,..
Money
Superi ntendent J.
,Dixon 1,440 1,728 288
Senior
Clerk
, Machado
,J. 1,440 1,440 1,728 288
2nd
Clerk
, R.
Gutierez
,F. 720 720 864 144
Clerk
,3rd F.
X.
,Silva 600 600 720 120
4th
Clerk
, C.
M.
Barradas
, 600 600 720 120
.
GENERAL
REGISTRAR
,
Clerk
1st Osmund
,C. 1,920 1,920 2,304 384
Do.
, Personal
,Allowance Do
, . 360 360
WIDOWS' AND ORPHANS' PENSIONS. [30
,Do. Marriage
,of
Registrar
Deputy ,Do. 240 240
,
Clerk
Chinese Ma n
Moeu
,Ch k ng 660 660 792 132
OF
.
,Clerk
Registration Si
Su
, ng
ng 600 600 720 120
Do.
, Ch
Fu
, an
ng 600 600 720 120
1890. ] 1339
1340
-4.
,. Continued
SCHEDULE
] 08
Increase
OF
Salary Salary Salary
.
Office over
.Name .
1875 .
1990 .
1891
$ .
1890
.
MASTER
HARBOUR
1,920 1,920 2,304 384
1st
Clerk
, ,
Machado
J.
F.
ersonal ,
Do. 240 240
Allowance
P,Do.
J
:L.
Alves
S.
,de 1,440 1,440 1,728 288
2nd
Clerk
,
ersonal
Do.
P,Allowance Do.
, 240 240
A.
Guterres 1,440 1,440 1,728 288
Clerk
,3rd ,P.
,Do. 120 120
ersonal
Allowance
P,Do.
960 960 1,152 192
,
Clerk
4th C.
,Bot
A. elho
.......
Personal Do.
, 240 240
,Do. Allowance
, 144
5th
Clerk Chau
Tseung
,-fat 720 720 864
, 192
J.J.
.,Collaço
.. 960 888 1,180
,
Junks
of
Inspector 180
F.
C.
Collaço
, 660 660 840
Peak
,
at
Signalman 96
Vacant 480 576
Lighthouse
,.3rd
Keeper , ....
1890. ) WIDOWS' AND ORPHANS' PENSIONS.
.
OFFICE
STAMP
E.
H.
d'Aq
, uino 1,200 1,200 1,440 240
2nd
Clerk
,
...... 240
Do. Personal
Allowance
, ,Do. 240
, ...
ontinued
.-CA,SCHEDULE
Salary Salary Salary Increase
Office
. Na
. me
.
1875 1890
. .
1891 over
.
1890
LEGAL
.DEPARTMENTS
Clerk
Registrar
.to
, ..... Abiool
Rahma
,S. n 720 864 140
Clerk
,.
General's
Attorney S.
A.
Ramjha
, n 600 600 720 120
Solicitor's
,Crown
Clerk M.
A.
Baptist
,..... a 600 600 720 120
MAGISTRACY
.
2nd
Clerk
, sKwaig
,-’Nhang 1,440 1,440 1,728 288
3rd
,Clerk Ch'an
Kai
m-, ing 960 960 1,152 192
4th
Clerk
, M.
J.
Silva
da
, 360
180 540 648 108
s
5th
Clerk
, A.
R.
Abbas
, 360 432 72
1st
Chines
Interpr
,. eeter Kam
Sing
,'Ng 960 960 1,152 192
3rd
Chines
Interpr
,. eeter Chau
Kwai
,-ün 444 444 532 88
Hindos
Interpr
, tani
eter B.
Suffaid
,A. 600 600 720 120
Chines
Clerk
, e lũ
,....
Cho
Chang 360 432 72
Usher
C, hinese Chaū
Saū
.,.... 480 480 576 96
Assista
Usher
, nt Shiu
Mo
,Au 210 210 288 48
widows' AND ORPHANS' PENSIONS. [ 30 of 1890.]
134 1
1342 ( 30 of 1890. ) Widows' AND ORPHANS' Pessions.
Schedule B.
TABLES .
NOTE AS TO THE USE OF THE TABLES .
Table A. – The tabular results are shown for every age of the husband,
from 15 to 64 ; and for every fifth age of thewife, commencing
at age 15 and down to 65 . Ages below or beyond should
be taken at the limit shown. For the intermediate ages of
the wives, interpolate by first differences, as follows :
H W
Thus, for 35 27 the required result would be ......... 2891
Take, 35 25 tabular result • 2820 (i )
35 30 do . = 2998
Difference 0178
One -fifth of do 00356
Two -fifths of do -00712 ( ii )
H 1
( i) + ( ii) = .28912 = required result 35 27
Table B.—The tabular results are shown in eleven divisions) for every
age of the busband from 19 to 64, and for every fifth age of
the wife, commencing at age 15 and down to 65. Ages
below or beyond should be taken at the limit shown . The
results corresponding to the intermediate ages of the wives
should be obtained by interpolation, in the manner illustrated
above for Table A.
In using this Table, care should be taken to enter the
proper division corresponding with the age at which the
35 years of contribution will cease.
Table C. - The tabular results are shown for the same range of ages as in
Table A. Ages below or beyond should be taken at the
limit shown. The results for the intermediate ages of the
wives should be obtained by interpolation, in the manner
illustrated above for Table A ; but it should be carefully
noted that the correction , in the case of this Table, is
subtractive, and not additive, as in Table A.
ILLUSTRATIONS OF THE METHODS OF ASSESSING
THE PENSIONS .
1. The following is the mode of assessing the Pensions of Widows whose
husbands were members as above, and in the Public Service of
Hongkong :
First Wife's Pension .
A.-In consideration OF THE CONTRIBUTIONS PAID BY SUCII MEMBER
DURING BACHELORHOOD .
Rule : Accumulate the contributions at 6 per cent. compound interest:
and multiply the amount by the quantity found in Table A
corresponding to the respective ages of the husband and wife at
the time of marriage.
WIDOWS' AND ORPHANS' Pensions. [30 of 1890. ) 1313
The product will give the annual pension to which the wife
will be entitled on her husbanıl's death , on account of his past
contributions.
EXAMPLE : Thus, if the total contributions of such member
during bachelorhood , when accumulated at the rate of 6
per cent, interest, amount to $ 300, and the ages of himself
and wife at the time of marriage are 30 and 20 respectively,
then $ 300 x 2927 = $ 87.8 = wife's pension.
B.-IN CONSIDERATION OF THE FUTURE ANNUAL CONTRIBUTIONS TO BE
PAYABLE FROM THE DATE OF MARRIAGE .
(a.) In respect of the official income receivable at the time of marriage.
RULE : Multiply the annual contribution by the quantity found in
Table B corresponding to the respective ages of the husband and
wife at the time of marriage.
The product will give the annual pension to which the wife
will be entitled on her husband's death on account of his contribu
tions in respect of the official income receivable at the time of
marriage.
EXAMPLE : Tlius, if such last referred to member's official
income at the time of marriage be $ 1,000 a year, and the
annual contribution be $ 10 (to cease at age 55 ), and the
ages of himself and wife at the time of marriage be 30 and
20 respectively, then
$ 40 x 3 : 1888 = $ 127.6 = wife's pension .
(6.) In respect of increments made to the official income after marriage.
RULE : Multiply the additional contribution by the quantity found in
Table B corresponding to the respective ages of the husband and
wife at the date of the increment of official income.
The product will give the additional annual pension to which
the wife will be entitled on her husband's death in respect of his
additional contributions on account of an increase of his official
income.
EXAMPLE : Thus, if such last referred -to member's official
income be increased by $ 200 a -year, and the then ages of
himself and wife are respectively 35 and 25, then the
further pension will be :
$8 x 2.781 = $22 :25 = wife's further pension.
C. - ASSESSMENT OF THE AMOUNT OF THE PENSION DURING THE TIME
SUCH MEMBER IS A WIDOWER . When such member becomes a
widower, a pension is to be supposed to attach for the benefit of
a wife of exactly the same age as the late wife would have been,
such pension either remaining unchanged in amout from that to
which the late wife was entitled , or becoming subsequently
augmented or reduced in the manner provided for by the rules,
according as such member's contributions increase or decrease
from that time through variations in his official income.
The amount so determined is to form the basis for estimating
the commencing pension to which a second wife becomes entitled
at the time of her marriage.
ExAMILE : Thus, if such last referred to member becomes a
widlower, a pension of (87.8 + 127 :6 + 22-25) $ 237.65
1344 [ 30 OF 1890. ) Widows ' AND ORPHANS' PENSIONS .
is to be supposed to attach for the benefit of a wife of
exactly the same age as the late wife would have been,
and the pension will continue at that amount until such
member's official income (and his consequent contribution )
is either increased or decreased . If a further increment
of $ 200 official income be made when such member is
aged 40, and his late wife would have been aged 30,
then the additional amount of supposed pension would be
found by Rule 9 B (6) thus:
$8 x 2.295 = $ 18.4 = wife's supposed further pension.
Should such member re -marry, the amount to be used as a
basis for estimating the commencing pension to which the second
wife would be entitled would be either :
$237.65, if no augmentation had been made to the official
income';
$256 :05, if an augmentation of $200 had been made to the
official income at age 40, as above.
Note : If there have been more than one wife, care must be taken to
use always the age of the last wife.
Second Wife's Pension .
2. A. -PENSION TO WHICH A SECOND WIFE (OF SUCH MEMBER AS
ABOVE) BECOMES ENTITLED ON MARRIAGE .
(a.) When the second wife at the time of marriage is of the same age
as, or older than, the first wife would have been, if then alive.
RULE : The pension is to commence at the amount as determined by
article 9 bereof, and to remain stationary at that amount, unless
and until such member's official income be increased or decreased .
(6.) When the second wife at the time of marriage is younger than the
late wife would have been , if then alive.
RULE : Take the pension as determined by article 9 hereof, and mul
tiply it by the quantity found in table C corresponding to the
respective ages of the husband and that of his late wife at the
time of the husband's second marriage ; multiply the last product
by the quantity found in table A corresponding to the respective
ages of the husband and his second wife at the time of their
marriage. The final product will give the commencing annual
pension to which the second wife will be entitled on her husband's
death , in respect of his official income at the time of their marriage ;
and this pension is to remain stationary at that amount, unless
and until such member's official income be increased or decreased.
EXAMPLE : Thus, if at the date of re-marriage the age such
member's first wife would bave been is 35, bis own age is
45 , and that of the second wife is 30, then, if the pension
to which the first wife if alive would have been entitled
to , as found by article 9 hereof, be $237.65 ,
$ 237.65 x 3.777 x 2453 = $ 220.18 = second wife's
commencing pension.
B.- INCREMENTS ON THE LAST - FOUND PENSIONS.
The second wives' pensions are to be augmented as often as their hus
bands have an increase of oflicial income. Such augmentations to
WIDOWS' AND ORPILANS' PENsions. [ 30 (F 1890. ] 1345
be calculated according to thie principles and in the manner described
in article 9 B ( b) hereof, always taking the ages of the husband
and wife as they stand at the date of the increase of official income.
Third and subsequent Wires' Pensions.
3. The rules laid down in articles 9 and 10 will apply, mutatis mutandis,
to the case of pensions to a third, or any subsequently taken wife of a mem
ber as above. It should be borne in mind that the pension to the last wife,
and the age she would bave been at the date of the further marriage, are
always to be taken as the basis for estimativg the commencing pension to
which the new wife is entitled.
Abatement of Widows' Pensions.
4. When the official income of a member (as above) becomes reduced ,
either by abatement of the ordinary emoluments or by the grant of a perma
nent superannuation allowance, the widow's pension must be diminished by
just the amount it would have been increased bad the official income been
raised instead of lowered .
For instance, if such member's official income become reduced by $250 per
annum , the existing pension to whichi, by the foregoing rules, the wife was
entitled should be diminished by the amount of pension corresponding to a
contribution of $ 10 per annum .
There would be no objection, in principle, to allowing such member to
continue his old rate of contribution for the remainder of the 35 years, should
he desire to do so, and so prevent a diminution of the pension ; but, in that
case, sufficient independent medical evidence should be produced that the state
of his health is such that no financial damage to the fund may be reasonably
entertained . It is probable that a liberal construction of such a rule would
not operate adversely to the general interests, provided that some means be
adopted of checking this election in the case of the higher officials, where the
pensions would generally be above the average.
Pensions to Widows and Children of such members as may have joined
the Public Services of other colonies.
5. The widow's pension should be based upon the estimated acquired
interest that such transferred member takes in the then existing fund at the
date of his removal. This interest may, until the financial position of the
fund has been determined by a valuation be assessed as shown below. Upon
the occasion of the valuation then next ensuing,and upon all future valuations,
the interest as above estimated, and others emerging between the periods of
valuation, should be determined or adjusted as the circumstances disclosed by
such investigations may require, and according to the advice of the actuary
or actuaries reporting.
6. The following rules are applicable only up to the time of the first
valuation and they should be re - settled on the occasion of each valuation by
the actuary, or actuaries, then reporting :
IF SUCH MEMBER BE A BACHELOR AT THE TIME OF HIS TRANSFER.
First Wife: His interest in the fund should be taken as then, and
according to rule 9 A ; and this amount should be further accumu
lated at 6 per cent. compound interest from the time of such transfer
until his first marriage : and the pension that the widow thence
1346 [30 OF 1890. ) WIDOWS' AND ORPHANS' PENSIONS.
arising is entitled to should be computed by the same rule — regard
being had to the cessation of further contributions, and to the accre
tion only of 6 per cent. compound interest upon the estimated
assessed interest at the time of transfer.
EXAMPLE : Thus, if the total contributions of such member
during bachelorhood and up to the time of transfer amount
at interest to $ 200, and if this sum , when further accumu
lated at 6 per cent. compound interest, amount to $ 300
by the time of his first marriage, and if the ages of himself
and wife at marriage are 30 and 20 respectively, then
$ 300 x 2927 = $ 87.8 = wife's pension.
Second Wife : Take the pension as above determined , and multiply it
ly the quantity found in table C corresponding to the respective
ages of the husband and that of his late wife at the time of the
husband's second marriage; multiply this last product by the quan
tity found in table A corresponding to the respective ages of the
husband and his second wife at the time of their marriage ( vide art.
1 C. )
EXAMPLE : Thus, if at the date of re-marriage the age of
such husband's first wife would have been 35, his own age
is 45 , and that of his second wife is 30 , then , if the pension
to which the first wife if alive would have been entitled
to, as found above, be $87.8, then
$87.8 x 3.777 X 2,153 = $81 : 3 = second wife's pension .
Third, 8c., Wife: For a third, or subsequently taken wife, take the
pension for the last existing wife and proceed to adjust it in the
manner shown for the case of the second wife.
7. IF SUCH MEMBER BE Married, OR A WIDOWER, AT THE TIME OF
HIS TRANSFER .
The widow's pension attaching to his then wife, or his supposed wife
( if he be a widower) should be abated by just the amount that it
would be increased corresponding to the amount of contributions
that suche member will cease to pay upon transfer from the Public
Service of the Colony, and according to the principles laid down in
art. 4. Again, this abatei pension should be adjusted upon re
marriage, in the manner shown in art. 6, corresponding to the then
ages of the husband and wife.
A
TABLE
death
Single --
Pension
Annual
ommencing
Husband
hich
cPremium
purchase
.illof
1.w,at
of e
Ag NEXT
BIRTHDAY
WIFE
OF
AGE
. of
Age
Husband Husband
last
birthday
. 15 20 25 30 35 40 45 50 55 60 65 last
birth
. day
15 3700 3
: 717 4
• 125 •4182 •4735 •4943 •5734 -6173 •7468 .8453 1:0929 15
16 •3606 3658 4• 016 • 115
4 4• 608 •4857 5 • 571 • 050
6 7 • 067 .8258 1.0582 16
17 • 521
3 •3601 .3918 •4052 .4496 •4773 •5426 5
• 935 .6752 .8084 0
1: 277 17
18 •3442 3516 .3830 3989 •4394 •4695 5· 297 -5828 •6502 •7918 1.0000 18
19 3370 .3492 48
.37 -3928 •4299 4• 619 •5179 5
• 727 -6301 •7764 9747 19
20 •3301 •3439 •3674 •3868 .4214 .4545 •5071 •5631 .6135 .7622 9315 20
21 .3238 3386 .3604 .3810 •4134 •4474 •4973 *5540 .5999 .7485 9302 21
22 3• 178 .3334 •3537 3751 •4057 .4403 •1880 5• 453 •5886 7353 .9107 22
23 3119 •3283 3475 3 • 693 •3986 4• 335 •4794 •5368 •5790 .7225 .8921 23
24 •3064 3232 •3415 .3635 .3917 •4266 .1710 -5283 -5708 7102 .8741 24
25 • 010
3 3181 •3357 •35-8 3
• 851 •4198 •4632 5· 200 •5637 .6983 .8576 25
26 .2958 •3130 3300 •3520 •3786 4
• 114 •4554 •5118 •5571 .6863 .8410 26
27 2907 3• 079 .3245 •3463 3723 •4017 4• 478 •5035 •5510 6748 .8251 27
28 .2857 •3028 3191 •3405 -3660 3979 •4403 •4953 •5450 -6631.8097 28
29 • 976
.2808 2 3137 •3347 3598 3 • 912 •4331 • 871
4 5
• 391 .6515 .7943 29
30 •2759 .2927 3084 •3288 3537 •3861 •4257 •4787 5330 •6402 7794 30
31 •2711 .2875 .3030 .3230 3477 •3794 •4184 •4704 ·5269 .6289 •7645 •
31
32 .2664 •2824 •2978 •3172 .3416 •3726 •4112 4 • 621 5
* 206 .6177 .7502 32
33 •2617 2773 .2925 •3113 •3356 3658 4 • 039 •4539 •5139 .6064 •7358 33
34 2570 •2722 •2873 .3055 .3295 •3589 •3967 •4456 5068 5• 952 •7215 34
35 ·2523 •2671 •2820 •2998 3234 •3522 3896 •4373 •4993 .5838 •7077 35
36 .2477 .2621 2768 2 • 940 •3174 3455 •3823 •4290 •4914 •5727 .6892 36
37 .2431 .2570 2715 .2884•3113 •3389 •3750 • 207
4 4
• 831 -5618 .6757 37
38 •2385 ·2520 2663 .2827 •3053 .3322 •3678 •4125 •4746 •5510 -6627 38
39 .2340 .2471 •2612 .2772 2993 •3256 3606 •4044 •4658 •5402 -6198 39
widows' AND ORPHANS' PENSIONS. [ 30 of 1890. ]
1347
1343
CTABI.E
Aontinued
.,—
of
Age AGE
[ 30
WIFE
NEXT
BIRTHDAY
.OF of
Age
Husband Ilusband
OF
last
bir
. thday15 20 25 30 35 40 45 50 55 60 65 last
birthday
.
40 .2295 .2422 2560 -2716 2934 .3191 3• 535 .3964 •4566 :5294 -6369 40
41 2
• 250 2374 •2509 2
• 662 •2875 •3127 .3464 .3883 •4474 5189 .6246 41
42 *2207 .2327 .2459 •2608 •2817 3• 064 .3393 3• 805 •4380 •5086 -6124 42
43 .2163 .2280 .2410 2556 2759 •3001 .3324 3727 •4286 •4988 .6042 43
44 2120 .2234 2361 •2504 •2703 •2940 3256 3651 ·4193 •4890 5
· 928 44
45 2078 2 • 189 •2313 .2453 .2648 •2880 •3190 3577 •4102 4• 794 •5814 45
46 .2036 2145 .2266 .2403 •2593 •2822 .3125 •3504 •4013 •4701 •5705 46
47 .1995 2102 .2221 .2355 .2540 •2765 •3062 •3434 •3926 •4613 47
•5599
48 .1955 2060 .2176 2308 .2488 2709 3000 -3366 .3843 •4525 •5501 48
49 1916 .2019 2132 2262 .2438 .2654 •2940 3300 •3764 ·4442 :5405 49
50 .1978 1980 •2090 .2217 2389 .2601 :2883 3 • 236 .3689 •4363 :5316 50
51 .1841 1 • 942 •2050 .2174 *2342 .2550 .2827 •3175 .3618 4 • 286 •5230 51
52 •1804 •1904 .2010 2 • 133 .2297 •2501 2773 .3115 .3554 •4214 ·5149 52
53 1 • 769 -1868 •1972 .2092 .2253 .2453 •2722 3059 •3495 •4144 •5074 53
54 •1735 .1834 •1936 •2054 .2211 .2407 2673 3 • 006 •3444 •4078 5005 54
55 •1702 •1800 •1902 .2017 ..2171 2363 2626 •2955 .3397 •4018 •4943 55
56 •1669 •1767 •1868 1981 .2132 •2321 .2583 .2907 3 • 359 •3960 .4885 56
57 •1639 •1736 .1837 •1946 2096 .2281 .2542 .2861 •3330 .3908 •4833 57
58 1• 609 •1706 •1808 •1914 2062 .2242 *2504 .2818 3 • 309 3
• 858 •4789 58
1890. ) Widows'AND ORPHANS'PENSIONS.
59 •1580 .1678 :1780 .1886 2030 .2206 .2469 2 • 779 3289 •3814 .4751 59
60 •1553 •1651 •1753 •1852 •2000 .2171 .2436 •2743 3269 •3774 •4719 60
61 •1526 •1625 .1730 •1823 •1972 2139 .2407 2 • 709 3251 -3738 •4697 61
62 1
• 501 1 • 600 •1707 1
• 796 • 946
1 2108 .2380 .2680 3238 .3708 •4682 62
63 •1477 •1577 1687 •1771 1922 2080 .2357 2653 •3220 •3682 •4675 63
64 •1455 •1555 .1668 •1747 1902 •2053 .2338 -2630 3• 140 •3662 .4670 64
Contribution
of
cat easing
1Annual
death
Officer's
ommencing
,fPension
-Aor
B.
TABLE
nnual
.
56
Age
of
Age BIRTHDAY
NEXT
WIFE
OF
.AGE of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 35 40 45 50 55 60 65
19 :1
4 69 4 20
:3 4.636 4.859 5.318 5.714 6.406 7.084 7.794 9.604 12-057 19
20 4
:044 4.213 4.501 7
: 38
4 5.162 5.568 :212
6 6.898 7.515 9.337 11.656 20
21 3.931 4:111 :375
4 :625
4 5.019 5.431 6 37
:0 6.726 7.284 9.087 11.293 21
22 3.823 4:011 4.255 4.512 4.881 5.297 5.871 6.560 7:081 8.816 10.956 22
23 3.715 3.910 4 39
:1 4.398 4:747 5 63
:1 5.710 :393
6 6.896 8.605 10.625 23
24 3.612 3.811 0: 26
4 4.286 4.618 5.030 :553
5 6.229 6.730 :373
8 10
:306 24
25 3.507 3.706 3.911 4.168 1
:486 4.891 5.396 6.058 6.567 8.135 9.991 25
26 :4
3 25 3-625 3.821 4:076 4.384 4.764 2
: 74
5 5.927 :4
651 7.917 7
939 26
27 3.305 3.501 3.690 3.937 4.233 4.601 5.091 5.725 6.265 7.672 9.381 27
28 3.206 :397 3.580 3.820 :1
4 07 4.464 4.940 5'557 6.115 7.440 9.085 28
29 3
:103 3.288 3.466 3.698 3.976 4.323 4 86
:7 5.382 5.957 7.199 8.777 29
30 3
:005 3:188 3:358 3.581 3.852 :205
4 4.636 :213
5 5.804 6.972 8.488 30
31 2.903 0
3: 79 3:245 3:459 3:724 4:063 : 81
4 5.038 5.643 6.736 8.188 31
32 2.800 2.968 3 30
:1 3.334 3:590 3.916 :322
4 4.857 5.472 6.492 7.885 32
33 2.696 2.856 3:013 3.206 3:457 3.768 4 60
:1 4.675 5.293 6.246 7:579 33
3+ 2.593 :746
2 2.899 3:082 :325 621
3 4.003 4:496 5.114 :006
6 7.280 34
35 2.488 2.631 2.781 2.956 3
:189 :473
3 3.841 4.312 4.922 5.755 6.977 35
36 :3
2 80 2.519 2.660 2.825 3.050 3.320 3.674 :123
4 4.722 5.504 6.623 36
WIDOWS' AND ORPHANS'PENSIONS. [ 30 of 1890. ]
1349
1350
-TABLE
Continued
.,B.
.
55
Age
of
Age AGE
OF
WIFE
NEXT
BIRTH
. DAY of
Ilusband Age
Husband
last
birthday last
.
15 20 30 35 40 45
birthday
50 55 60 63
25
37 2: 73 2:103 5
2: 39 2.697 2.911 3:169 3:506 3.934 4.517 5.253 :3
6 18 37
38 2:163 2.286 :4
2 15 2.564 2.769 :0
3 13 3 36
:3 3.741 4:305 4.995 6011 38
39 2:048 2:162 2.280 2
:426 2-619 2.849 3:155 3:539 4:076 4727 5.686 39
40 1.939 2:017 2:163 2.295 2:479 2:696 :987
2 3.350 3.858 40
4.173 5:382
41 1.827 1.928 2:037 2:162 2:335 2.539 2.813 3:153 3.633 0
5: 72
4213 41
42 1.713 1.806 1.908 2
:021 :1
2 86 2.633 :953
2
2:378 3:399 3.917 7
1: 52 42
43 1.596 1.683 1.779 1.886 2:036 2
: 15 2:453 2751 3.163 3.681 :4
4 59 43
44 1.476 1:555 1.643 1.743 1.881 2.046 2.266 2:511 2:918 4
3: 03 4:126 44
45 1.353 1:425 1:506 1:597 1:724 1.875 2 77
:0 2.329 2.670 3:121 :7
3 85 45
46 1.228 1.293 1.366 1.419 :5
1 64 1.702 1.884 1 2: 13 2:420 2.834 3:410 46
47 1:110 1:160 1.226 1.300 1:402 1:526 1.690 1.896 2:167 2.546 3:091 47
48 .972 1:024 1:081 1.147 1.237 1:346 1:491 1:673 1.910 2.249 2:734 48
[30 OF 1890.) Widows' AND ORPHANS ' PENSIONS.
49 .837 .882 932 .988 1.065 1: 60 1.285 1:442 1.645 1.941 2:362 49
50 .699 .737 .777 .825 .889 .968 1:072 1.204 1:372 1.623 1.978 50
51 • 54
5 5
• 85 .618 -655 706 7
• 68 .852 956 1.090 1.290 51
1.574
52 • 06
4 •428 •452 4
• 80 5
• 17 •563 -624 7 • 01 .800 .948 1.159 52
53 .249 .263 •278 .295 318 .346 .384 •431 4
• 93 •585 715 53
54 087 092 •097 103 1• 11 •120 .134 .150 •172 204 .250 54
of
cAnnualeasing
Contribution
1death
Officer's
Pension
Aat ommencing
nnual
,fTABLE
- or
B.
.56
Age
of e
Ag .
BIRTIIDAY
NEXT
WIFE
OF
AGE of e
Ag
Ilusband Husband
last
last
birthday
. birthday
15 20 25 30 35 40 15 50 55 60 65
20 4.063 4.234 4 23
:5 4.761 5:187 5.595 6•242 6.929 5 7: 53 9.382 11708 20
21 5.951 4 30
:1 4:397 4.648 5 15
:0 5 59
:4 6:068 :7
6 59 7:319 9:133 11
:3 50 21
22 3.818 4.036 4.282 4
:541 4.912 5:332 5.909 6.602 7:127 8.905 :020
11 22
23 3.711 3.938 4:167 4:-129 4.780 5.199 5.749 4
6: 38 6.928 8.664 :71000 23
24 3.639 3.839 4.0.56 4:317 4.652 5.066 5.591 6:273 6:778 8.435 :380
)10 24
25 3538 3.738 3.915 4.205 4:526 4.933 5:144 6:110 6.625 8.208 10
:8 10 25
:
26 3 52
:4 3.653 3.851 4:107 4:418 4.800 5 15
:3 5.973 6:503 8:010 9.815 26
27 3:310 :538
3 :728
3 3.979 4.277 4.650 5:115 5.785 6:33i 7.754 :482
9 27
28 3.234 3:428 3.612 3.85.5 4:144 4.504 4.986 5.607 6.170 7:508 9:166 28
29 3:110 3:327 3.507 3:741 4:023 4.373 4.842 5:445 6:027 7.283 8.880 29
30 3:038 3:223 3:396 3.620 3.894 4.251 4687 :2
5 70 5.868 7.049 8.580 30
31 2.939 1
3: 18 :285
3 3:501 3.770 4:113 4:536 5:100 7
5: 12 6.818 8.288 31
32 2.810 3.009 3:174 3:382 3.641 3.971 4.382 4.925 5:519 6:585 7.996 32
2.741 2.904 3:063 3:260 3514 3.831 4.230 4.753 5.382 6:350 7.705 33
Ꭷ
34 2.636 2:793 2:947 3.134 : 31
3 3.682 4.070 4
:571 5.199 605
:1 7.401 34
3.5 2.533 2.681 2.830 3:011 3.246 3 35
:5 3.913 4.390 5:013 5.858 7.101 35
36 2.430 2.571 2.715 2.884 3:115 3:389 3.751 4:209 4.821 5.619 :761
6 36
37 2.325 4
: 57
2 :596
2 2.757 2.977 3.240 3:58.5 4.023 4.618 5.370 6 60
:4 37
widows' AND ORPHANS ' PENSIONS. [ 30 of 1890. )
1351
1352
Continued
.TABLE
B,--
.56
Age
of
Age BIRTHDAY
NEXT
WIFE
AGE
.OF of
Age
Ilusband Husband
last last
birthday
. birthday
15 20 25 30 35 40 45 50 55 60 65
)
38 2.218 .
2 43
:3 :1276 2.631 2.839 3:089 3:421 336
:8 :414
4 5:12.5 6:163 38
39 2.113 2: 32 2:358 2.503 2:703 2.911 :23 56 3.652 4 06
:2 4.878 5.868 39
40 2.003 2:113 2.235 2:371 2.562 .)
2.78 3:086 3:460 3.936 4.622 5.559 40
41 8
1: 91 1.999 2.113 2.242 :421
2 2.632 2.916 3.269 3:767 4.369 5.259 41
42 1.782 1.880 1.987 2:108 2.276 :4
2 75 2.742 0 : 75
3 3:539 4:109 4.919 42
43 1.672 1.162 1.863 1.976 :129
2 2.319 2.569 2.881 3:313 3.856 4.670 43
44 1.556 1.610 1.733 1.838 1.984 :1
258 3
2: 90 2.680 3:077 3:589 :352
4 44
45 1:410 1.517 1.603 1.700 1.835 1.995 2
: 11 2.478 2.812 3 22
:3 4.029 45
46 1.321 1:392 1 69
:1 1.560 1.683 1.831 2:028 : 74
2 2.604 3:051 3.702 46
47 1.201 1.266 1.338 1 18
:1 1.529 1.664 1.841 2:067 2.363 2.777 3.370 47
48 1.075 1.133 1.196 1.270 1.369 1:185 1.650 1.852 2:113 2:489 3:026 48
49 948 1:000 1.055 1.119 1.207 :3
1 14 1.455 1.633 1.863 :199
2 2.675 49
[ 30 of 1890.] winows' AND ORPIIANS' PENSIONS.
50 .817 .861 909 964 1.040 1.132 1.254 1:408 1.604 1.898 2 13
:3 50
51 683 • 20
7 .761 .807 .869 946 1:049 1:179 1.343 1:591 1.941 51
52 -543 •573 •605 .642 .691 • 53
7 .835 938 1.070 1.269 1:551 52
53 398 .420 • 44
4 .471 •507 •552 6
• 12 .688 786 932 1:141 53
54 .245 .259 •273 290 312 339 .377 4 • 24 •486 · 75
5 7
• 06 54
55 085 090 ·095 1• 01 • 09
1 •118 •131 •148 .170 201 .247 55
cat
-Aor
B. easing
Table
,fPension
death
1Officer's
of
Contribution
Annual
nnual
ommencing
.57
Age
of
Age WIFE
OF
AGE
BIRTHDAY
.NEXT of
Age
Husband Ilusband
last last
bir
. thday birthday
.
15 20 25 30 35 40 45 50 55 65
60
21 3.973 4:154 :422 4.674 5:072 5.489 16: 02 6.797 7:360 9
:183 1113
:4 21
22 3.868 4:057 4.304 4.564 4.938 5.359 5.939 6 35 7:163 8.950 :071
11 22
23 3.761 3.959 4.190 4:443 4.807 5.228 5
:781 6:474 6.982 8.712 10.757 23
21 3.662 3.863 4:081 4.344 4.681 5:098 5.628 6313 6.820 8:488 10.455 24
25 3.576 :7
3 79 3.987 251
4 4.575 4.987 5.503 1
: 77
6 6.697 8:297 :188
10 25
26 :478
3 3.680 3.881 :139
4 4: 51 4.838 :3
5 56 6:019 6:552 8:070 9 91
:8 26
27 3.363 3.563 3:754 4:007 4.306 4.682 5:18 5.825 6:375 7.807 9.548 27
28 3.263 3
:457 3.644 :888
3 4:180 4:544 5:029 5.657 6.224 7.573 9.247 28
29 3:167 3.356 3 38
:5 3.775 4.059 :413
4 4.886 5:494 6•081 3
7: 18 8.960 29
30 3:070 3:258 3:434 3.659 3.937 4.297 4.739 5.327 5.932 7.126 8.674 30
31 :974
2 :1
3 54 3:324 :543
3 3.815 1
4: 62 4.590 5:160 5.780 6.900 8.387 31
32 2.875 3:047 :213
3 :423
3 3.685 4.020 4:436 4.985 5.616 6.665 8.095 32
33 2.779 2.945 3:106 : 06
3 3.564 3.886 4.289 4.820 5.458 6.441 7.814 33
34 2-678 2.837 2.994 :183
3 3:434 3.740 4
:134 6
4: 13 5.280 6.201 7.518 34
35 2.575 :7
2 27 2.878 3 62
:0 3.302 :595
3 3.979 4 65
:4 5.098 5.958 7.221 35
36 : 75
24 2.619 2.766 2.937 3:172 :457
3 8
: 19
3 4.286 4.910 5.723 6.885 36
37 2.372 2.508 2.650 2.815 3
:038 3:308 3.659 :106
4 4 14
:7 5.482 6 94
:5 37
38 2.271 2.399 2.535 2.694 2.974 3.236 3.583 4:018 :518
4 5.246 6.309 38
[ 30 of 1890. ] winows' AND ORPIIANS' PENSIONS.
1353
1354
.B.
, Continued
-TABLE
.
57
Age
of e
Ag BIRTHDAY
NEXT
WIFE
OF
.AGE of
Age
Ilusband Ilusband
last last
birthday
. bir
. thday
15 20 25 30 35 10 15 30 55 60 65
39 :1
2 67 2.289 2.418 2.566 2 71
:7 3:015 3 3: 39 3 41
:7 4:313 5.002 6:017 39
10 2:061 2 71
:1 2.299 2 10
:4 2-635 2.865 3 75
:1 3:559 4 00
:1 4:754 5.719 10
41 1.954 2-063 :181
2 2:313 2:499 2.717 3:010 3:374 3:888 4.509 428
5 41
42 1.848 1.950 2:061 :185
2 2.359 2.567 2:843 3:188 3.670 :2
4 62 5.133 42
43 1.742 1.835 1.940 2: 57
0 : 17
2 :415
2 2:675 3.000 3:450 4:015 4.863 43
44 1.632 1.720 1.818 1.928 2.082 2.264 :507
2 2.811 3.28 3:765 4.565 44
45 :5
1 19 1.600 1.690 1.793 1.935 2:105 2:332 2.611 :998
2 3:504 4.250 45
46 1:405 1:480 1:563 1.658 1:788 1.946 2 56
:1 2 17
:4 2.768 3
:243 3.937 46
47 1:291 1:360 1.437 1 24
:5 1.644 1.788 1.982 2: 22 2:540 2:984 3.622 47
48 :1
1 70 .] 234 1.302 1.382 1:490 1.616 1.797 2:017 2:301 2.710 3.295 48
49 1.050 1:107 1.169 1.210 1:336 1:454 1.611 1.808 2.063 2.434 2.962 49
50 .926 .976 1.030 1:092 1.178 1.282 :2
14 2 1:595 1819 2.151 2.620 50
[ 30 of 1990. ) Widows' AND ORPHANS' PENSIONS.
51 799 .843 .882 .944 1.016 1.107 1.227 1:378 1.570 1.861 2.270 51
52 .667 • 05
7 744 .789 .850 925 1:026 1.153 1.315 1.560 1.905 52
53 529 •559 .589 626 .674 734 .814 •915 0
1: 45 1.239 1.517 53
54 .389 •411 •434 • 60
4 • 95
1 •539 • 99
5 • 73
6 • 71
7 914 1.121 54
55 234 •254 .268 •284 •306 .333 •370 •417 •179 •567 .697 55
56 0
• 83 089 093 ·099 •107 •116 •129 •145 168 .198 .244 56
TABLE
AB.
Annualnnual
Pension
ommencing
fOfficer's
,- or
cContribution
1death
of
at easing
.
58
Age
of e
Ag WIFE
OF
NEXT
BIRTHDAY
.AGE of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 35 40 45 50 55 60 65
22 3.886 4
:077 4.325 4.586 4.962 5 86
:3 5.967 6.668 7.197 8.993 :1
1125 22
23 3.781 3.979 4:211 4: 76 4.832 5.254 5.611 6.506 7.018 8.756 10.812 23
24 3.683 3.886 :105
4 4.369 4.709 5.128 5.561 :349
6 6.860 8.537 10
:5 05 24
25 3.582 3.781 3.994 4.258 4.583 4.995 5: 12 6:187 6.708 8.310 10
:20.5 25
26 3 05
:5 3.709 3.910 4:171 :485 4.874 5.396 6.064 6:602 8.132 9.965 26
27 3.386 3.587 3.780 :034
4 4.336 4.715 5.217 5.865 6.419 7.861 9.614 27
28 :294
3 3.489 3.679 3.925 4.220 4.587 5.077 5.711 6.284 7.645 9.335 28
29 :196
3 :386 3-570 3.808 :095
4 : 51
4 4.928 5.543 6.135 7.413 9.038 29
30 3.098 3.288 4
364 3.693 3.972 :336
4 :780
4 5.374 5.985 7.190 8.752 30
31 :003
3 3.185 :356
3 3.579 3.853 :204
4 4.635 5•212 5.837 6.968 8.470 31
32 2 07
:9 :0
3 79 3.247 3.459 3.725 4:062 : 83
4 5.039 5.676 6.736 8.181 32
33 2.811 2
:979 3:142 3.344 3.604 3.929 :338
4 4.875 5.520 6.513 7.903 33
34 :714
2 2.875 3.035 3.226 3.480 3.790 4 80
:1 :706
4 5.352 6.285 7.619 34
35 2.617 2.770 2.924 :111
3 : 54
3 3.652 4.042 :535
4 1
5
: 78 6.052 7.335 35
36 2.517 2.663 2.813 2.986 3.225 3.510 3.885 4.359 4.994 5.820 7.001 36
37 :418
2 2
:557 :702
2 2.863 :097
3 3.372 3.731 :186
4 4.806 5.589 6.722 37
38 2.318 2
:450 2.589 2.751 2 68
:9 3.229 3.575 :010
4 4.613 5.357 6.442 38
39 2.216 2-340 :473
2 2.625 2.834 3.083 3.414 3.829 4
: 11 5.116 6.153 39
WIDOWS' AND ORPHANS'PENSIONS. [30 OF 1890.]
1355
1356
TABLE
,-B-
.Continued
.58
Age
of
Age AGE
WIFE
OF
BIRTHDAY
.NEXT
Ilusband
of
Age
Husband
last
last
.birthday birthday
.
15 20 25 30 40 45 50 55 60 65
35
40 2
:113 2.230 2.358 2.502 2.703 2.939 3.256 3.651 4.205 4.876 8
5
: 65 40
41 :0
2 11 :1
221 2.243 3
: 80
2 2 70
:5 2-796 3.097 3.471 4.000 4.638 5.584 41
42 1.907 2
:013 :1
227 2.256 2 36
:4 2.651 2.935 3 92
:2 3.788 4.399 5.298 42
43 1.804 1.901 :0
2 10 :131
2 2.298 2.502 2.773 3:109 3.575 4
:160 5.039 43
44 1.698 1.789 1.891 2.005 2 65
:1 2:354 2-608 :924
2 358 3.916 4.749 44
45 1.590 1.675 1.770 1.877 :026
2 2.204
2
:441 2.736 3.667 :138
3 4
: 48 45
46 1:483 1.562 1.648
1.749 1.888 2: 75
2.054 2.551 3.422 2.920 4
:154 46
47 1:373 4
1: 46 1.529
1.620 1.748 1.902
2
:107 2.362 2.702 3
:174 3.852 47
48 1.257 1.325 1.398
1:484 1.600 1.929
1:736 :165
2 :471
2 2
:910 3.538 48
49 1:144 1.206 1•273 1.351 1:455 1.585 1.756 1.970 2.247 2.653 :2
3 27 49
50 1.033 1.081 1.141 1.211 1.304 1.420 1:574 1.767 2014 2.382 2.903 50
51 906 .955 1:009 1.070 1.153 1.254 1.391 1.562 1.780 2.109 2
:573 51
[ 30 OF 1890. ) WIDOWS' AND ORPHANS' PENSIONS.
52 .781 .825 .870 924 .995 1.982 1.200 1.349 1.539 1.825 2.230 52
53 •651 .687 •726 •770 .829 903 1.002 •1
1 26 1.286 1.525 1.866 53
54 520 .550 •581 .616 663 722 .809 902 1:033 1.224 1.502 54
55 •381 •403 .426 4
• 52 .486 5 • 29 5
• 88 .662 •704 900 1:108 55
56 •235 .249 .263 .279 • 00
3 327 364 •410 474 5 • 58 .689 56
57 082 087 092 097 •105 •114 •127 143 166 •195 .242 57
B.
TABLE
nnual
ommencing
fOfficer's
- or
,Pension
Aatdeath
cContribution
1Annual
of
easing
.
59
Age
of
Age WIFE
OF
NEXT
BIRTHDAY
.AGE of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 35 40 45 50 55 60 65
23 3.799 3.998 4.232 4:498 4.855 5.279 5.838 6:537 7.052 8.798 :860
10 23
24 3.698 3.901 422
:1 :3
4 87 4 29
:7 :148
5 5.684 6.375 6.889 8 72
:5 :510
10 24
25 3.599 3.804 4 15
:0 4.280 4.606 5.020 5.540 :219
6 7
6 42 8.352 10-260 25
26 3.523 3.727 3:930 :1
4 92 4:508 4.899 5:437 6.095 6.635 :184
8 10.020 26
27 3.410 3.612 3.806 4:062 4.366 :747
4 5.253 5.906 6.465 7.916 9.681 27
28 3:314 3.513 7 3: 01 3.950 4.246 4.616 :1
5 09 5.746 6.323 7.693 9.395 28
29 3.221 :414
3 3:598 3.839 :128
4 4.487 4.968 : 88
5 6.184 7.473 :111
9 29
30 3:123 3.313 3.491 3.721 4.003 4 70
:3 4.818 5.417 6.033 7.246 8.820 30
31 3:030 3.215 3.386 3.611 3 87
:8 4.241 4.677 5.259 5.889 7.031 8.547 31
32 2.939 13: 15 3.285 3:499 3.768 4 09
:1 4.535 5.097 5.742 6.814 8.275 32
33 844
2 3.014 :179
3 3
: 84 3.648 3.977 4.390 9
4: 34 5.586 :592
6 7.998 33
34 247
:7 2.910 3.072 3.266 3.523 3.837 4.241 :763
4 5.417 6.362 7.713 34
35 2.652 2.807 2.964 3
:152 3
3 93 3 01
:7 4.097 4.596 5.248 :134
6 7.433 35
36 2.557 2.705 2.857 3:034 3.276 3.566 3.946 : 28
4 5.072 5.912 7.112 36
2 82
:4 2.623 2.772 2 3:178 3:460 3.828
WIDOWS' AND ORPHANS' PENSIONS . [ 30
37 :944 4.295 4.932 :735
5 6.898 37
38 2.361 :495
2 2:636 2.801 :022
3 3.289 3.641 4 83
:0 4.698 5.331 :559
6 38
OF
39 260 2:387 2.522 2.678 2.892 :146
3 3
:483 3.906 4500 5.219 :278
6 39
40 :162
2 2.281 2.412 2:560 2.765 3.006 3
: 31 :735
3 4.301 4.988 5.999 40
1890. ] 1357
1358
-TABLE
, Continued
.B.
.
59
Age
of
Age AGE
WIFE
OF
NEXT
BIRTHDAY
.
Husband
of e
Ag
last
Husband
birthday last
. birthday
.
15 20 25 30 35 40 45 50 60 65
55
41 2:063 2.177 2.301 :4
241 2.637 2.867 3.177 3.560 4:103 4:758 5.728 41
42 1.963 2:071 2.189 2.321 2.507 2.727 3.020 3
: 86 3.898 4 27
:5 5 51
:4 42
43 1.862 1.963 2.075 2.201 2.372 2.583 2.862 3.202 3.691 4.294 5.201 43
44 1.760 1.855 1.960 2.078 2.244 :440
2 2.703 3
:031 480
3 :059
4 4.921 44
45 1.657 1.745 1.844 1.955 2
:111 2.295 2
:543 2.851 :270
3 3.821 4.634 45
46 1.551 1.635 1.726 1.831 1.976 :150
2 2
:381 2.671 :058
3 3.583 4.348 46
47 1:446 1:524 1.611 1.707 1.841 2.004 2.220 2.490 2.846 3.344 4.059 47
48 1 38
:3 1:409 1:487 1:579 1.702 1.846 2
:051 2-303 2.628 3.763 48
3.095
49 1.227 1.292 1.365 1:447 1.561 1.698 1.881 2
:112 4: 09
2 3.359
2.843 49
50 1.115 1.176 1.242 :3
1 17 1:419 1.545 1.713 1.922 :192
2 2.592 3.158 50
51 1.001 1.057 1.115 1.183 1.275 1.387 1.538 1.728 1.968 2.332 2.845 51
52 .884 933 985 1.045 1.126 1.226 1.359 1:526 1.742 :065
2 2.524 52
53
[ 30 of 1890. ) WIDOWS' AND ORPHANS' PENSIONS.
•763 .805 .850 .902 971 1.057 1.173 1.318 1.507 1.786 2.187 53
54 .638 .675 7
• 12 756 .814 .886 984 1:106 1.268 1.501 1.842 54
55 -509 5
• 38 •569 .604 .649 •707 •785 .884 1.016 1.201 1.478 55
56 •374 .396 •418 .444 .477 5
• 20 •579 .651 •752 .887 1:094 56
57 .231 .245 259 .275 .296 •322 •359 4
• 03 .469 5• 51 .681 57
58 080 085 090 .096 .103 •112 •125 •141 '165 1
• 93 .239 58
1or easing
Contribution
Officer's
death
,fat ommencing
cAAnnual
Pension
nnual
,TABLE
-of
B.
.
60
Age
of e
Ag BIRTHDAY
.
WIFE
NEXT
OF
AGE of
Age
Ilusband Husband
last last
birthday birthday
.
15 20 25 30 35 40 45 50 55 60 65
3:717 3.921 :1
4 43 4 10
:4 4.752 5.175 5:714 6:407 6.923 8.616 10.600 24
24
25 3.615 3.819 4:031 4.297 4.614 5.041 5.563 6 44
2 6.770 8.387 10.300 25
26 :541
3 3:746 3.9.50 4.213 4:531 4.923 5.451 :127
6 6.670 8.215 0 : 70
10 26
27 :431
3 3.634 3.829 4 87
:0 4.392 4.776 5.284 5.942 6:503 7.961 9:738 27
28 3.336 3.536 3:727 3.977 2
: 75
4 4.643 5:142 5.785 6.365 7.745 9.455 28
3.243 3:438 3.623 3.866 1
4: 57 4:519 5:002 5.626 :227
6 7.525 :175
9 29
29
:148
3 3:310 3:520 3.752 :035
4 4 06
:4 4.857 5:462 6:081 7.305 8.892 30
30
31 3.055 3.241 3.414 3.640 3.919 4.276 7
: 15
4 5.302 5.937 7.087 8.616 31
2.966 3 43
:1 3:314 3.531 3.802 4.147 4.576 5.142 5.794 6.876 8.351 32
32
2.871 3.012 3.208 :415
3 3.681 4:014 4
: 31 4.979 5.639 6.653 8:072 33
33
34 2 75
:7 2.9.10 3:104 3.299 3.558 3.877 4.284 4.805 5.473 6.427 7.791 34
35 2.684 2.842 3.000 3:191 3.441 3.746 4
:147 4.652 5.316 6:209 7.525 35
36 2.589 7
2: 39 2.893 3 72
:0 3.317 3.610 3.995 : 83
4 5.136 5.985 7.201 36
37 1
2:49 2.636 2.785 2.959 :194
3 3.477 3.847 :316
4 4.843 5.631 6.773 37
38 2.400 2.535 2.679 2.846 3:071 3: 42 3.700 4:150 4.774 5.543 6.666 38
231
:4 2.569 2.728 2.915 3.204 3.548 3.979 4.583 5.316 6.394 39
39 2:302
2.206 2.327 2.459 2.610 2.819 3.066 3: 97 3.809 4.387 5.088 619
:1 40
40
:108
2 2:24 2.352 :494
2 2.695 2.930 3.246 3.637 :192
4 4:862 5.852 41
41
widows' AND ORPHANS' PENSIONS. [ 30 OF 1890. )
1359
1360
CTable
B.,-ontinued
.60
Age
[30 OF
of
Age .
BIRTHDAY
NEXT
WIFE
or
Age of e
Ag
Ilusband Husband
last last
birthday
. birthda
. y
15 20 25 30 35 40 45 50 55 60 65
42 :011
2 2
:122 2.243 2.379 2.568 2.795 3.094 3.470 3.995 4.638 : 86
5 42
43 1.914 2.017 2 33
:1 2.261 2 38
:4 2.656 2.941 3 98
:2 3 93
:7 4.414 5.346 43
44 1.815 1.913 2:021 2
:143 2.314 2.517 :787
2 :125
3 3.589 :186
4 5.076 44
45 1.715 1.806 1.908 2.024 :2185 2.376 2.632 2.951 :385
3 3.956 :797
4 45
46 1.614 1.701 1.796 1.905 2.056 2.238 2.478 2.779 :182
3 3.728 4.525 46
47 :513
1 5
1: 93 1.684 1.785 1.925 2.096 2.321 2.603 2.977 3.497 4.244 47
48 1:407 1.484 1.565 1.662 1.791 1.943 2 59
:1 :424
2 2.766 3.257 3.961 48
49 1.303 1.373 1.450 1:538 1.658 1.805 1.999 2.244 2.560 3.021 3.676 49
50 1.196 1.261 1.331 1.413 1.522 1.657 1.837 0
2: 61 2.350 2:7 : 86
3 50
51 1.090 1.149 1 87
1.213 •2 1.387 1.509 1.673 1.879 :142
2 2.537 3.096 51
52 .978 •0
1 32 1.089 1:156 1.245 1.355 1:503 1.689 1.926 2.284 3.792 52
53 .863 911 .962 1.021 1.100 1.197 1.328 1:493 1.705 2.022 :476
2 53
of 1890. ) widows ' AND ORPHANS' PENSIONS .
54 7
• 48 •791 .834 885 953 1.038 1.152 1.296 1:485 1.758 :158
2 54
55 .625 .661 6
• 98 7• 40 • 97
7 .867 -963 1.084 1.246 1.474 1.814 55
56 •497 •527 •557 •590 -635 -692 • 70
7 .866 1.001 1.180 1.455 56
57 .365 .387 -410 •434 •467 -509 •567 • 38
6 • 43
7 .872 1.077 57
58 .227 .241 255 .270 .291 • 16
3 •353 •397 •467 544 675 58
59 079 -084 089 094 •102 •110 •123 •139 165 1• 91 238 59
-
B.
TABLE
nnual
ommencing
Officer's
cAdeath
Annual
Contribution
of
,fator
1Pension
easing
.61
Age
of
Age BIRTHDAY
.
NEXT
WIFE
OF
AGE of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 40 15 50 60
65
35
55
25 3.633 3 38
:8 4.051 4.318 4.647 5.065 6 75
5.590 •2 6.S01 8.428 3
10
: 49 25
26 3.561 3.768 3.973 4.237 4.558 4.952 5.483 6.163 6.708 8.262 10
:125 26
27 3.448 3.653 3.850 4 09
:1 4.416 4.801 :313
5 5.973 6.537 8.005 9
:790 27
28 : 56
3 3.556 3.748 3.999 4.299 4.674 :172
5 5.819 6:401 7.789 9
:510 28
29 3.263 3 59
:4 3.646 3.890 :182
4 4.546 5.034 5.661 6.266 7571 9
:232 29
30 :173
3 3.366 3.547 3.782 4.068 4 40 4.896 5.504 6.130 7.362 8.962 30
31 :080
3 3.267 3.442 3.669 3.951 :310
4 :753
4 5.344 5.985 7.145 8.686 31
32 2.989 3 68
:1 3.342 3.559 3.833 :180
4 4.613 5.184 5.841 6.931 8.418 32
33 2.896 3.069 37 3:237 3.445 3.714 4.019 4: 70 5.023 5.687 :711
6 8.143 33
34 2.803 2.970 3.134 :333
3 3.595 3.915 4 28
:3 :862
4 5.530 6.492 7.870 34
35 :713
2 2.872 3 32
:0 3.224 3.477 3.786 :189
4 :702
4 5.369 6.277 7.608 35
36 2.620 72:73 :929
2 :111
3 3.359 3.656 4.044 4.539 5.200 6.059 7.291 36
37 2.525 2-669 2.820 2.995 :234
3 :521
3 3.895 4.369 5.018 5.835 7.020 37
38 2.433 2.570 :716
2 2.883 :114
3 3.388 3.753 4.207 4.841 5.620 6.761 38
39 2.337 2.469 2.609 2 70
:7 2.990 3.253 3.602 :040
4 :654
4 5.398 6.491 39
40 2.245 2.369 2.503 :656
2 2.369 3.120 3.457 3.877 :468 577
:1 6.229 40
41 :151
2 2.270 2.398 2.545 2.749 2.990 : 12
3 3.712 4.278 4.962 5.971 41
42 2.059 :1271 2.295 2.490 2-628 2.859 :166
3 3.550 0
: 87
4 :745
4 *5.715 42
WIDOWS' AND ORPIIANS' PENSIONS. [ 30 OF 1890.)
1361
1362
.B,— ontinued
CTABLE
.61
Age
of e
Ag .
BIRTHDAY
NEXT
WIFE
OF
AGE of
Age
Ilusband Husband
last last
birth
. day birthday
15 20 25 30 35 40 45 50 55 60 65
43 1.962 2.067 :186
2 2.318 2502 2.721 3.014 3 80
:3 3.887 4:524 5:479 43
44 1.865 1.966 :078
2 2.204 2.379 2.587 2.865 3.213 3.690 4.303 5.217 44
45 1.768 1.863 1.908 2:087 2.253 251
:4 2:714 3:045 3:490 4.OSO 4.948 45
46 1.671 7
1: 61 1.861 1.972 :128
2 2.316 2.565 2.877 3.294 3.859 4.684 46
47 1 72
:5 1.656 1:750 1.856 2:002 2 79
:1 2:413 2.706 3:094 3:635 4:412 47
48 1.470 1.549 1.636 1.736 1.871 2:037 2.256 2.531 2.888 3 02
:4 4:137 48
49 1:372 1:445 1:526 1.619 1.746 1.900 1
: 05
2 :362
2 2.695 3:181 :8
3 70 49
50 1.272 1:341 1:415 1:501 1.617 1.761 1.952 :191
2 2:497 2.954 3.599 50
51 1.169 1.233 1.302 :31 80 1:487 1.61 1.795 2017 2.297 *2:21
7 3.321 51
52 1.063 1.121 1:184 1.256 1.353 4
1: 73 1.633 1.835 2.092 2 82
:4 3.033 52
53 954 1.007 1:063 1:127 1.214 1.322 1.468 1.649 1.882 2.234 2.735 53
54 .845 .893 943 1.000 1.076 11: 71 1.302 1.464 1.677 1.986 2:437 54
[30 OF 1890. ) Widows 'AND ORPHANS' PENSIONS .
55 .730 -772 .816 .865 932 1.014 1:127 1.268 1:457 1.724 2
:120 55
56 .611 .647 .684 .725 .780 .850 .945 1.064 1.229 1.450 1.787 56
57 • 88
4 .517 * 47
5 .580 .625 -680 -757 .853 993 1.165 1:441 57
58 359 380 • 03
4 .427 • 60
4 • 00
5 *558 .628 .738 .860 1.068 58
59 .223 .237 •251 .266 .286 311 348 -392 -465 .538 .670 59
60 • 78
0 083 088 093 •100 1
• 09 •122 •137 165 .189 .236 60
Officer's
,cTABLE
Pension
Annual
at ommencing
B.Contribution
f--or
1death
of
easing
.
62
Age
of e
Ag BIRTHDAY
.
NEXT
WIFE
OF
AGE of
Age
Husband Husband
last last
birthday
. birthd
. ay
15 20 25 30 35 40 45 50 55 60 65
26 3.575 :783
3 3.988 4.254 4.576 :972
4 5
: 02 6.187 6.735 8.294 1
10
: 65 26
27 3.465 3.670 3.868 429
:1 : 37
4 4.825 5.338 6.001 6.569 :044
8 9.837 27
28 3.375 3.576 3.769 4.022 4.323 4:700 5.201 5.851 6.437 7.832 9.563 28
29 3.283 3.480 3.667 3.913 4.207 4.574 :0
5 76 5.696 :304
6 7.617 9.287 29
30 3.192 3.386 3.569 3.805 4.093 4.467 4.925 : 38
5 6.166 7:406 0
9
: 16 30
31 3.101 3.289 3.465 3.694 3.977 :339
4 40785 5.380 6.026 7.193 8.744 31
32 :014
3 3.194 3.369 3.588 3.865 4.214 4.650 5.226 5.888 6.987 8.487 32
33 2.926 3.101 3.271 3.481 3.753 4.092 4
:317 5.077 5.748 6-782 8.230 33
34 2.832 3.000 3.166 3.367 3.632 3.956 4
:372 4.911 5.586 :558
6 7.950 34
35 :740
2 2.901 3.063 3.257 3 13
:5 3.824 4.232 :750
4 5.424 6.342 7.686 35
36 2.648 2.802 2.959 •143
3 3.394 3.693 4.087 :586
4 5.254 6.122 7.367 36
37 258
:5 2.704 2.856 3.034 3.275 3.567 3.945 : 25
4 5.082 5.910 7•109 37
38 2.465 2.604 2.752 2.921 3.155 3.434 3.802 4.263 4.905 5.696 6.850 38
39 :372
2 2.505 2.648 2.810 3.035 3.301 3.656 :101
4 :734
4 5.478 6
:588 39
40 2.281 2:407 2.545 2.700 2.917 •1
3 72 3.514 3.941 4.550 5.262 6
:331 40
41 2.187 2.308 2.439 2.587 2.796 3 40
:0 3
: 67 :774
3 4.359 5.044 6.071 41
42 2.096 2.211 2.336 2.477 2-676 2.911 3.223 3.615 :171
4 4.832 5.819 42
43 2.005 2.113 2.235 2.369 2.558 2.782 3.081 3.454 3.982 4.624 5.601 43
WIDOWS' AND ORPHANS' PENSIONS. ( 30 OF 1890. ]
-1363
1364
,-Continued
B.
.TABLE
.62
Age
of
Age WIFE
AGE
BIRTHDAY
NEXT
.OF of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 35 40 45 50 55 60 65
44 1.910 2013 :12.256
2 27 :435
2 2.649 2.934 3.290 3:778 4
: 06 5 40
:3 44
.45 1.819 1.915 046
2
:1 24 2.317 2
:520 :7
291 3 30
:1 3.589 :195
4 5.088 45
46 1.723 1.814 1.917
2.032 :194
2 2.387 2-644 2.965 3.394 3.977 4.827 46
47 1.629 1.715 1.812
1.922 2.072 2.257 2
:499 2.802 3.204 3.764 4.568 47
48 1:531 1.614 1.704
1.807 1.948 :1
221 2.349 2.636 3
:009 3 43
:5 4.308 48
49 1:435 1:512 5 97
1:1.694 1.826 1.988 2.202 :472
2 2.819 3.328 4.049 49
50 1.338 1.410 1:5 479
88 1.701 1.852 2.053 2.304 2.626 :107
3 3.785 50
51 1.241 1.309 |1:4366
82 1.579 1.719 1.905 2:140 2.439 2.889 3 26
:5 51
52 1.139 1:201 1.346
1.269 1.450 1.578 1.750 1.965 2.243 2.659 3.249 52
53 1.035 1: 92
0 1•153
1.224 1.318 1:435 1.592 1.789 2
:044 224
:4 2.968 53
54 933 .987 1:105
1.042 1.190 1.295 1:438 1.617 1.853 2:195 2.693 54
55 .825 .873 978
922 1.053 1:147 1.274 1.433 1.647 1.948 32:97 55
[ 30 of 1890. ) Widows' AND ORPHANS' Pensions.
56 .714 -756 .848
.800 912 •993 1:105 1.244 :4
1 37 1.694 :090
2 56
57 .601 636 .673
•713 7
• 67 .836 931 1.049 1.220 1.432 1.771 57
58 4
• 79 .508 5 39
• 70 .615 .668 7
• 46 .840 986 1:150 1 27
:4 58
59 3
• 51 .373 .395
.419 .451 .490 548 617 .732 .847 1.054 59
60 .219 233 .247
.261 282 396 .344 .387 4
• 65 5
• 32 .665 60
61 076 081 •087 091 · 99
0 •107 •120 •136 .166 .187 .235 61
Aof B.easing
Contribution
1at
cAnnual
death
Officer's
ommencing
,fPension
nnual
- or
TABLE
63
.Age
of
Age BIRTHDAY
NEXT
WIFE
OF
.AGE of
Age
Husband Husband
last last
birthday
. birthday
15 20 25 30 35 40 45 50 55 60 65
27 3:479 3.685 3.885 :146
4 :455 4.845 5.360 :027
6 6.597 8.078 9.879 27
28 :389 3.591 3:785 4.039 :342
4 :721
4 5.224 5.876 6.466 7.866 9.605 28
29 3.300 4
3
: 97 3.686 3.932 4.229 4.597 0
4: 90 5.724 6:336 7.656 9.335 29
30 3.218 :4
3 14 3:597 3.835 4:126 4:503 4.965 5: 82 6.216 7.466 9.088 30
31 :121
3 3
: 11 3:487 :718
3 4.002 4.367 4.816 5:416 0
6: 64 7.240 8.800 31
32 3.032 3.213 : 89
3 3.610 3.888 4.239 4.678 5.258 5.924 7.030 8.537 32
33 2.941 :1
3 17 3.287 :498
3 3:771 1
: 11
4 5
4: 39 :101
5 5
•776 6.816 8.269 33
34 2.852 3:021 3: 89
1 3.390 3.658 :984
3 :103
4 4.946 5.626 6.606 8.007 34
35 2.763 2.925 3.087 3.283 :541
3 3.856 4.266 4.788 5
:468 6:393 7.749 35
36 2.673 2.828 2.986 :172
3 3.426 3.727 :125
4 4.629 5.303 6.179 7.435 36
37 2.584 2.732 2.886 3.066 3.309 3.602 3.986 : 71
4 5
:135 5.971 7.166 37
38 :495
2 2.636 2:786 2 56
:9 3 93
:1 3.474 3.848 4.314 4
:964 5.763 :933
6 38
39 :403
2 2.538 2.682 2.847 3:074 3.344 3.703 :154
4 4.784 5.549 6.673 39
40 2.314 :4
2 42 2.580 2.738 2.958 3.217 3 63
:5 3.996 4.604 5.337 6.421 40
41 2.223 2.345 2 78
:4 2.630 2.841 :090
3 :423
3 3.836 4
: 21 528
:1 6.032 41
42 232
:1 2.248 2.375 2.520 :721
2 2.960 :278
3 3-676 4.232 4.914 5.782 42
43 2.044 2
:154 2.277 :415
2 2.607 2.835 :141
3 :522
3 4.050 4.713 5.578 43
44 1.953 2.058 :175
2 2.306 :490
2 2.708 2.999 3.362 3.862 4.504 5.335 44
WIDOWS' AND ORPHANS' Pensions. [30 of 1890.]
1363
1366
TABLE
-
.,B.Continued
.
63
Age
of e
Ag AGE
WIFE
OF
NEXT
BIRTHDAY
. of
Age
Husband Husband
last last
birthday
. birthda
. y
15 25 30 35 40 45 50 55 60 65
20
45 1.860 1.959 2 70
:0 2:196 2.370 2:577 2.855 3.202 3.671 4.290 5.204 45
46 1•769 1.864 1.969 2.087 2.253 2.452 2.716 :045
3 :486
3 4.085 4.958 46
47 1.678 •7
1 68 1.869 1.981 :136
2 2:326 2.575 2.888 3.302 3.880 4.709 47
48 1.583 1.669 1.763 1.869 :016
2 2.195 2.430 :726
2 :113
3 3.665 : 57
4 48
49 1.492 1:572 1.661 1.762 1.899 :067
2 2.290 2.570 2.932 3.460 4.210 49
50 1.397 1.473 1.555 1.650 1:778 1.936 2.145 :407
2 2 45
:7 3.246 3.956 50
51 1.305 1:377 1.453 1:541 1.661 1.807 2.004 2.251 2.565 :038
3 3.708 -51
52 1.209 1.276 3
1: 47 1.429 1:539 1.676 1.858 2.087 2.381 2.823 :450
3 52
53 1.109 1•171 1.237 1.311 1.413 1.538 •7
1 07 1.918 :192
2 2.598 :181
3 53
54 1.013 1.071 1.131 1.199 1.291 1:406 1.561 1.756 :011
2 :382
2 2.923 54
55 912 965 1.020 1.081 1.163 1.267 1.408 1:584 1.821 2 54
:1 2.650 55
56 .806 .853 902 957 1.030 1.121 1.247 1:404 1.622 1.913 2.359 56
( 30 of 1890. ) WIDOWS' AND ORPHANS'PENSIONS.
57 .698 •739 • 82
7 .829 .893 .972 1.082 1.219 1.419 1.665 2.059 57
58 *586 -621 •658 • 97
6 •751 .816 911 1.026 1.204 1.405 1.743 58
59 •468 •497 •527 .558 •601 •653 •731 .823 • 77
9 1.129 41: 06 59
60 •348 .370 •393 •415 448 •486 •546 -615 •739 .845 1.057 60
61 .214 .228 .242 .255 276 .299 •337 • 79
3 •463 •523 -658 61
62 -075 *080 085 0· 90 097 •105 1• 19 •134 • 67
1 •185 2
• 34 62
-
B.
TABLE
cat
Aor ommencing
nnual
Annual
death
Officer's
,fContribution
1Pension
of
easing
.64
Age
of
Age OF
AGE
NEXT
BIRTHDAY
.WIFE of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 25 30 35 40 45 50 55 60 65
28 3.402 3:606 3.800 4.055 4.359 4 40
:7 5.214 5.899 4691 7.898 :642
9 28
29 : 13
3 :513
3 3.701 3.950 4.246 4.616 5.111 :751
5 6.362 7.688 9.374 29
30 3.225 3.422 3.607 3.845 :136
4 :514
4 4.977 5.597 2
: 32
6 7.485 :111
9 30
31 3.137 3.327 :53 0.5 3.737 4.023 4.389 4.841 5:443 6.095 7.276 8.845 31
32 3.051 :232
3 3
:410 3.633 3.912 4.266 4.70 5.290 5.961 :073
7 :590
8 32
33 2.962 :139
3 :311 3.525 3.799 4.142 5
: 73
4 5:140 5.819 6.866 8:332 33
34 2.872 3.042 3.211 :414
3 3.683 4.012 4.434 4.980 5.665 6.651 8.063 34
35 2.785 2.946 3.113 3.310 3 70
:5 3.887 4.300 4.827 : 12
5 6.445 7.811 35
36 2.658 2.854 3
:014 3:201 3.457 3.761 :163
4 4.672 5.352 6.236 7.304 36
37 2-608 7
: 57
2 2.914 3 94
:0 3: 40 3.637 4.024 4.513 5.183 6.029 7.251 37
38 2.519 2.852 2.813 :985
2 :224
3 3.509 3.886 4.356 5.012 5.820 7.000 38
39 2.429 2.565 2.711 2.877 3:107 3.380 :743
3 :198
4 4.835 5.608 6.744 39
40 2-343 :473
2 2.613 2.773 2.995 3.258 3.609 :047
4 4.662 5.405 :503
6 40
41 2.252 2.375 2.511 2.665 2.878 3.130 3.467 3.886 : 78
4 5.194 6.252 41
42 :165
2 2.283 2.413 2.559 2.764 3.006 3.329 3 34
:7 4.297 4.990 6.009 42
43 2.079 :191
2 2.316 :456
2 2.651 2.883 :194
3 3.573 :118
4 :793
4 5.805 43
44 1.988 2.095 2.215 :348
2 2.536 2.757 3.054 3.425 3.932 5
: 86
4 : 60
5 44
45 1.900 2.001 2.113 2.242 2.419 2.632 2.916 3.270 : 49
3
7 4.381 5.314 45
WIDOWS' AND ORPHANS' PENSIONS. [30 OF 1890. ]
1367
1368
B,-Continued
.TABLE
.64
Age
of e
Ag BIRTHDAY
WIFE
OF
AGE
.NEXT of e
Ag
Husband Husband
last last
bir
. thday birthday
.
15 20 25 30 35 40 45 50 55 60 65
46 1.812 1.909 :017
2 :1
2 38 2.308 2.511 2.782 :119
3 3.572 :1
4 81 5.078 46
47 1.722 1.813 1.917 2:032 292
:1 2.386 2.642 2.963 :388 3.981 4.832 47
48 1.630 1:718 1.815 1.925 :075
2 2.259 2.502 2.807 3.205 3
:774 4.588 48
49 1.542 1.625 7
1: 16 1.821 1.963 :136
2 2.367 2.657 3.031 3.576 :351
4 49
50 1.452 1:531 1.615 1.714 1.847 :011
2 2.229 :501
2 2.852 :373 4:110 50
51 1.362 1:136 1:517 1.609 1.733 1.887 2:091 2:350 2677 3:171 3.870 51
52 1.270 1.341 1.416 1:502 1.617 1:761 1.953 :194
2 :502
2 2.967 3.625 52
53 1.176 1.243 1.311 1.391 1:498 1.631 1.810 2.034 2.324 2.755 3: 74 53
54 1.084 1.147 1.210 1.283 1.382 1:504 1.670 1.879 2:153 2
:549 3:128 54
55 -999 1 46
:0 1:105 1:171 1.262 1.373 1 26
:5 1.717 1.973 2
:334 :872
2 55
56 .890 .942 996 1:055 1.136 1.237 1:377 1 49
:5 1.790 :1211 2.603 56
57 • 87
7 .835 .883 936 1.008 1.097 1.223 1:376 1.602 1.879 :326
2 57
[30 OF 1890.j widows' AND ORPILANS ' PENSIONS .
58 •682 .723 •767 .812 .874 951 1.062 1.195 1.403 1.636 2.031 58
59 •574 -609 .646 .685 • 37
7 .801 .896 1.009 1.198 1.385 1 25
:7 59
60 •463 •492 •522 5
: 52 •596 .647 • 26
7 .818 .983 1.125 1:406 60
61 •337 •358 3
• 82 •403 4
• 36 •473 •532 .599 .732 .826 1.039 61
62 210 .224 .239 .252 .272 .295 .333 • 75
3 •501 •519 .655 62
63 • 74
0 0
• 79 084 089 096 •104 •118 •133 169 .184 234 63
B.
TABLE
nnual
Pension
,atommencing
Officer's
cAAnnual
Contribution
for
-of
1death
easing
.
65
Age
of e
Ag BIRTHDAY
WIFE
OF
AGE
.NEXT of
Age
Husband Husband
last last
birthday
. birthday
.
15 20 30 35 40 45 50 55 60
25
65
29 :329 3:528 3 18
:7 3.967 4.265 4.636 5
:134 5.773 3
6
: 90 7721 :414
9 29
30 3.239 3.437 3.621 3.861 :154
4 4.533 4.998 5.619 6
:258 7
:516 949
1 30
31 3 54
:1 3.344 3:524 3.757 4 43
:0 :413
4 4.866 )
5:47 :1
628 7.311 8.8.92 31
32 3.067 3. .250 3 29
:4 3.652 3.932 4.288 4
:733 5.319 5.992 7.111 8636 32
33 2.977 3.156 3.329 3.542 3.819 4:163 4:596 5
:165 5.848 6.901 8 73
:3 33
34 2.891 3.062 3.232 3.437 3707 0
4: 37 4:463 :0
5 13 5.702 6.694 :116
8 34
35 2.803 2.968 3.132 3:332 3.592 :912
3 :3
4 28 4.859 5.547 :4
6 86 7.861 35
36 :717
2 2.876 3 37
:0 3:225 3:482 3.789 4:194 4.707 5.392 6.282 7.560 36
37 2.630 2.781 2.938 :13 20 3:368 3.667 4.057 4
:551 5•226 6.078 7.311 37
38 2.543 2.686 2.839 3:014 3.255 :542
3 3.922 4:397 5.059 5.875 7.066 38
39 2.455 2.592 2 39
:7 2.908 3 39
:1 :416
3 3.783 4.242 4.837 5.667 6.816 39
40 2.369 2.500 2.642 2.803 3.028 3.294 3.649 4
:091 4
:713 5.461 :573
6 40
41 2.279 2
:404 2.541 2.697 2.913 3 68
:1 3.510 3.932 4
:532 5.257 :327
6 41
42 :194
2 2.313 :444
2 2.592 2.800 3.046 3
: 73 :7
3 83 4
:354 5.056 6:088 42
43 2 09
:1 2.223 2 50
:3 2.492 2.689 2.925 3.241 3.634 :1
4 78 4.863 5.889 43
14 :022
2 2
:131 2.252 :383
2 2.578 2.804 3:106 3:482 3.999 4.665 5.654 44
45 1.939 2.038 258
:1 2.283 2.465 2.681 2.970 3: 31 3.819 4.463 5.413 45
46 1.849 1.947 2.058 :182
2 2.355 :563
2 2.838 3.182 3.643 4.269 15
: 81 46
Widows' AND ORPIJANS' PENSIONS. [ 30 of 1890. )
1369
1370
C.-TABLE
B, ontinued
.
65
Age
of
Age .
BIRTHDAY
Next
Wife
Of
Age of
Age
Husband Husband
last last
.birthday birth
. day
15 20 25 30 35 40 45 50 55 60 65
47 1.762 1.852 1.961 2.080 2.243 2.442 2.704 0
: 33
3 3.467 :074
4 4.944 47
48 1.673 1.764 1.863 1.975 2 30
:1 3
: 19
2 2.568 2.881 3.290 3.875 4.710 48
49 1:588 1.674 1.768 1.875 2.021 2.201 :437
2 2.736 3:121 3.683 4.481 49
50 1:501 1:582 1.669 10771 1.909 :078
2 : 03
2
3 2.585 2.917 3.485 4.247 50
51 1.414 1.491 1:575 1.670 1.799 1.958 :171
2 2.439 2.779 292
3 4.017 51
52 1.326 1.400 1.478 1:568 1.689 1.839 :038
2 2
2: 90 2.612 3.097 :785
3 52
53 1.237 1.306 1:378 1.462 5
1: 75 1.715 1.903 :138
2 :443
2 2.897 :546
3 53
54 1.148 1.214 1.281 1.360 1.464 1:593 1.770 1.990 2.280 2-701 3: 13 54
55 1.059 1.119 1:183 1.254 1.351 1:470 1.633 1.838 :113
2 2.500 3.075 55
56 965 1.021 1.080 1.145 1.232 1.342 1:493 1.680 1.941 2.289 2.823 56
57 .869 920 974 1.031 1:111 1.209 1.347 1:517 1.765 2:071 2.562 57
58 -771 .817 .866 • 17
9 .988 1.074 1.199 1:350 1:585 1.848 2.294 58
(30 of 1890. ) WIDOWS' AND ORPHANS' PENSIONS.
59 .668 •710 753 •798 .859 .934 1.044 1.176 1.395 1.614 2.009 59
60 •567 •603 .640 .676 • 30
7 •794 .889 1.000 1.204 1.377 1.722 60
61 .449 •478 • 09
5 •536 •580 .629 •707 .796 • 73
9 1.098 1.381 61
62 .332 3• 54 .377 .397 •430 ·466 .526 • 92
5 738 .819 1.035 62
63 207 .221 •236 .248 •269 .291 •330 •372 .473 • 15
5 .655 63
64 073 078 •083 •087 095 .103 •117 •132 •172 .183 .234 64
Single
-
C.
TABLE
an
purchase
will
cPremium
1wbich
of
Pension
ommencing
death
Officer's
at
.Annual
of
Age BIRTHDAY
NEXT
WIFE
OF
.AGE of
Age
Husband ī Ilusband
last
birthday
. 15 20 25 30 35 40 45 50 55 60 65 last
birthday
.
15 2 03
:7 2.690 :4
2 24 2.391 :112
2 :023
2 1.744 1.620 1.339 1
1: 83 915 15
16 2.773 :734
2 2.490 4
: 30
2 2 70
:1 2 59
:0 1.795 1.653 4
1: 15 1.211 .945 16
17 2.840 :777
2 2.552 2.468 2.224 2-095 1.843 1.685 1:481 1.237 973 17
18 2.905 2.820 2-611 :507
2 2: 76 :130
2 1.888 1.716 1.538 1.263 1.000 18
19 2.967 2.864 2.668 2.546 2.326 :165
2 1.931 1.746 1.587 1.288 1.026 19
20 3.029 :908
2 2.722 2.585 :373
2 2.200 1.972 1.776 1.630 1.312 1.031 20
21 :088
3 :953
2 2.775 2.625 2.419 2.235 0
: 11
2 1.805 1.667 1.336 1.075 21
22 :147
3 2.999 2.827 2.666 2.465 2.271 2.049 1.834 1.699 1.360 1.098 22
23 3.206 3:046 2.878 2.708 2.509 2.307 2.086 1.863 1.727 1.384 1.121 23
24 3.264 0
3: 94 2.928 72:51 2.553 2.344 :123
2 1.893 1.752 1:408 1.141 24
25 :322 3.144 2.979 9-2.5 2.597 2.382 2.159 1.923 1.774 1 32
:4 1:166 25
26 3.381 :195
3 3.030 2.841 2.641 :431
2 2:196 1.954 1.795 1.457 1.189 26
27 3 40
:4 3.248 3.082 2.888 2.686 2.471 2.233 1.986 1.815 1.482 1.212 27
28 3.500 3.303 1
3: 34 2.937 2.732 2.513 2.271 :019
2 1.835 1.508 1.235 28
29 3.561 3.360 3
:188 2.988 2.779 2.556 2.309 2.053 1.855 1.535 1.259 29
30 3.624 3.417 3.243 :041
3 2.827 :590
2 :349
2 2-089 1.876 1:562 1.283 30
31 3.688 3.478 3.300 3.096 2.876 2.636 2.390 2.126 1.898 1.590 1.308 31
32 3.754 541
3 3
: 58 3.153 2.927 2.684 2.432 :164
2 1.921 1.619 1.333 32
33 3.821 3.606 3.419 133.212 2.980 2:734 2.476 2.203 1.946 1.649 1 59
:3 33
WIDOWS' AND ORPIIANS' PENSIONS .
34 3.891 3.674 3.481 3.273 :035
3 2 86
:7 :521
2 2.244 1.973 1.680 1.386 34
35 3.963 3.744 3.546 3.336 3.092 2.839 2.567 2.287 2.003 1.713 1.413 35
4 37
:0 3.151
[30
36 3.816 3-613 :401
3 2.894 :616
2 2.331 2-035 1.746 1.451 36
37 :113
4 3.891 3.683 3.468 3.212 2.951 2.667 2:377 2-070 1.780 1:480 37
OF
38 4.192 3.968 3.755 3.537 2
: 75
3 3:010 2.719 2 24
:4 2.107 1.815 1.509 38
39 1:274 1.047 3.829 3.608 3: 41 :071
3 2.773 2:473 :147
2 1.851 1:539 39
1830. ]
1371
1372
,-ontinued
C
C.TABI.E
of
Age
[50
WIFE
OF
AGE
NEXT
.BIRTHDAY of
Age
Husband Ilusband
OF
last
birthday 15 20 25 30 35 40 45 50 55 60 65 last
birthday
.
40 1:357 4:128 3.906 3.682 1
3
: 08 3:131 2.829 2.523 2 90
:1 1.889 1.570 10
41 1.444 4.212 3.985 3.757 3:178 3 98
:1 2.887 2.575 2235 1.927 1.601 11
42 4:532 4.298 4.066 3.834 3:550 3:264 2.947 2-628 1.966 1:633
2.283 12
43 1.623 1:386 1:150 3.913 3.621 3 32
:3 2.683 2.333 2:005 1.635
3:008 13
41 4.717 1:176 4:235 3.994 3.699 43: 01 3:071 2:739 2385 2.045 1.687 41
15 4.813 4:368 4.323 1.077 3.777 :13 72 3 35
:1 :72 96 2:438 :086
2 1.720 15
46 4.911 4.662 4:412 :161
4 3.856 5
3: 41 3.200 2.854 2 92
:1 :127
2 1.753 46
47 5.012 4.757 4.503 4.2.16 3.937 3.617 3.2266 2.912 :547
2 2:168 1.786 17
48 5.114 1.851 4.596 4.333 :0
4 19 3.692 3333 2.971 2.602 2.210 1.818 48
49 5.219 4952 4.690 4:421 4:102 3:768 3101 3.030 2.657 : 51
2 1.850 19
50 5.325 5:050 4:784 4.510 4:185 3815 4
3: 69 3:090 2-711 2.292 1.881 50
51 5.433 5
:150 4.879 4.599 :2
1 70 3.922 13:537 1
3: 50 2.764 3
2: 33 1.912 51
52 5.542 5.251 4.975 4.689 4.354 3.999 3.606 3.210 :814
2 2:373 1.912 52
53 5.653 5.352 5.070 4 79
:7 :4
4 39 01: 77 3.674 3.269 2.861 2.413 1.971 53
54 5:765 5:451 5.165 4.869 4:323 1 55
:1 7
3: 11 3 27
:3 2.901 2:452 1.998 54
55 5.877 5.556 5.259 4.959 4.607 1.232 3.808 3:384 2:944 2:489 :3202 95
56 5.990 5.658 5 52
:3 5.049 4.690 : 09
43 3.872 3.440 2 77
:9 2.525 2 47
:0 56
57 6:103 5:759 5:443 5:138 4.771 4.385 3.934 3.195 3.003 2:559 2:069 57
58 26: 16 5.860 5.532 5.226 4.850 4:160 3.994 3.548 3.022 2.592 :088
2 58
1890.) WIDOW'S' AND ORPHANS' PENSIONS.
59 6.329 5.960 5.619 :35 03 4.927 4:534 4.051 3.598 3.033 6
2 22 i2:10.5 59
60 6:441 6
:058 5.703 :401
5 5:001 4.606 4:105 9.646 3.041 2:650 2 19
:1 60
61 :552
6 6
:155 5.782 5.485 :0
5 72 4.676 11: 55 3.691 3 50
:0 2.675 2:129 61
62 6.662 6.250 5.858 5:567 3:139 4.744 4:201 3.732 3:056 2.697 2:136 62
63 6.769 6:342 5.929 5.647 2
5 02 4.807 i
4.242 3770 3.059 2:716 2 39
:1 63
64 0.875 6:132 5.995 5724 2
5: 59 4.870 1.278 3.803 3:067 2.731 2:117 61
ALPHABETICAL TABLE OF ORDINANCES
being an Index to the titles and general subjects of the
Ordinances, in the two preceding volumes.
With " means " incorporated with " C.L.P. = Common Law Procedure,
Code = Means Code of Ciril Procedure 13 of 1873.
SUBJECT MATTER . No. And Year . Page.
Abatement (C.L.P., No. 6 of 1855, 51
Abduction , Rape, & c ., No. 4 of 1865 , 265
Abettors, ( sce Accessories ).
Abolition of Coroner,.. No. 17 of 1888, 1057
... No. 7 of 1889, 1115
Abolition of Transportation and Penal Servitude, ... No. 10 of 1887, 916
Abortion , Procuring, No. 4 of 1865 , 268
Accessories and Abettors, No. 5 of 1865, 272
Accidents causing Death , No. 3 of 1889, 1113
Accounts, Falsification of,...... No. 7 of 1890, 1174
Accumulated Profits, (Company ),... No. 30 of 1886 , 877
Ackuowlelgments by Married Women , No. 12 of 1885 , 755
Act , Wills Act Amendment, ... No. 28 of 1886 , 872
Acts ( Imperial) Extension , No. 3 of 1856 , 55
No. 7 of 1856, 60
No. 3 of 1857 , 71
Acts ( Imperial) Extradition , Application of, No. 11 of 1875 , 576
Administration and Probate , .... No. 8 of 1860 , 87
No. 9 of 1870, 411
No. 8 of 1860 ,
Administration of Passengers' Estates, with 99
No. 20 of 1885 ,
Admiralty Estates, Vesting of ..... No. 3 of 1863, 113
Admissible Documents , No. 2 of 1889 , 1098
Admissible Witnesses, No. 2 of 1889, 1095
ii JLPILSBETICAL TABLE OF ORDINANCES.--- Continued .
SUBJECT MATTER . NO. AND YEAR . PAGE.
Admission of Practitioners, ( Supreme Court.) No, 13 of 1856 , 70
No. 3 of 1871 , 120
29 > No. 13 of 1884, Appendix .
Aflirmations in lieu of Orthis, No. 2 of 1889, 1110
Aliens, Rights of Property of, . No. 2 of 1853, :.5
Allowances to Deccased Civil Servants ( small sums), No. 1 of 1886 , 796
Alteration of Memorandum of Association , No. 25 of 1890 , 1323
Amual Valuation of Property, ( sce Rating .
Appeals from Magistrates, No. 10 of 1890 , 1217
Appointment of Commissioners for Enquiries, No. 27 of 1886, 870
Apportionment of Rents, No. 2 of 1886 , 796
Arbitration , (C.L.P.), No. 6 of 1855 , 36
No. 13 of 1856, To
Articled Clerks, Examinatio :)
No. 3 of 1871 , 420
Assaults, No. 4 of 1865, 262
Assessment of Rates, .... No , 15 of 1888,1 10:39
Attachment, Foreign ), (see Code ).
Attornies, (Practice,) . No. 15 of 1873 , 558
No. 13 of 1856, 70
Attornics, Solicitors and Proctors, ( Admission ,) No. 3 of 1871 , 1 120
No. 13 of 1881 , Appendix.
Auction , Sales of Land by, No. 13 of 1886 , S22
Authenue Record of Ordinances, . No. 31 of 1886, $ 9.5
Bailiffs Supreme Court,.... No. 22 of 1882 , 623
Balances of Estates Unclaimed , 1 No. 7 of 1885, 715
No.11 of 1888, 1018
No. S of 1882, 1
Banishment (See Conditional Parlons & Deportations ), with 618
No. 4 of 188.),
No. 5 of 1866 , 36.)
with
Bauk , llongkony & Shanghai, ....... No. 21 of 1892 ,
&
No. 29 of 1889 ,
No. 15 of 1887 , 93.)
ALPIIABETICAL TABLE OF ORDINANCES.-- Continued . ni
SUBJECT MATTER. NO . AND YEAR. PAGE.
li
Bank IIolidays, No. 6 of 1875, 565
Bankers' Books - Esilence, No. 2 of 1889, 1099
No. 5 of 1861,
with 119
Bankruptcy, No. 9 of 1861,,
No. 15 of 1867, 381
4
Bankruptcy (Official Assignee ) No. 9 of 1882 , 620
Barristers, Admission and Enrolment, ... No. 3 of 1871 , 120
1 No. 15 of 1873 , 558
(Practice ,) .... No. 13 of 188.1, Appendix.
Bigamy, No. 4 of 1865 , 268
Bills of Exchange ,... No. 9 of 1887, 721
Bills of Exchange, (Summary Procedure), (see Code ),
Bills of Lading , ... No. 29 of 1886 , 874
7
Bills of Sale (Personal ( hattel-,) .... No. 12 of 1886 , 811
Birds, ( Preservition ) No. 15 of 1885, 758
Births and Deaths (Registration , No. of 1872 , 428
Board of Ship, Liquor Sale, ... No. 18 of 1986 , 811
: Boarding -Honse Keepers, Magistrates Powers, No. 2 of 1852, 31
Books ( Printers & Publishers,) . No. 6 of 1896 , 800
Books, Registration of, ... .. No. 10 of 1888 , 1015
Breach of Conditional Pardons, ( See Conditional Pardons ).
British Currency, Conversion of, No. 1 of 1864, 116
Brokers ( Emigrant Passages ) No. 1 of 1889 , 1068
No. 15 of 1889 , 11120
Buiklings, with
No. 2.5 of 1891 , )
Burglary, Robbery, & c., (see Offences against the person.)
Burials of Chinese and Nuisances, No. 12 of 1856, 68
No. 13 of 1856 , 70
Candidates for Admission as Solicitors, 120
No. 3 of 1871 ,
No. S'of 1873 ,
with
Carriage of Dangerous Goods, 452
No. 7 of 1884,
No. 19 of 1890 ,
Repealeil from 1st January 1592 by Ordinaner No. 20 of 1891 .
iv ALPHABETICAL TABLE OF ORDINANCES. - Continucd .
Sr BJECT MATTER . No. AND YEAR . Page .
Cathedral Protestant (See Church .)
Catholic Church (Roma! ), No. 10 of 1885 , 754
No. 17 of 1887, 937
Cattle Diseases, ... No. 23 of 1890 , 1322
Causes of Fire, Enquiries into, No. 23 of 1888 , 1061
Cemeteries (Public IIealtlı ), No. 4 of 1890, 1168
Cemetery, (Mahomedan ,) No. 8 of 1867,1 378
Census, No. 2 of 1881 , 615
Ceremonies (Religious,) ..... No. 13 of 1888, 1032
Chairs & Vehicles ( Licensing ), No. 21 of 1887 , 961
Chancery Procedure, No. 7 of 1856 , 60
No. 3 of 1861 , 101
Chater's Piers & Wharves, No. 19 of 1881, 707
Cheques, Law as to, No. 9 of 1885 . 721
Children of Intestates, Relief, No. 10 of 1886, 808
Chinese, Burials of and Nuisances, No. 12 of 1856, 1 68
Chinese Civil Suits, 1No. 2 of 1851 , 1
33
No. 10 of 1871 , 427
Chinese Criminals Extradition , No. 26 of 1889, 1156
No. 1 of 1889,
Chinese Emigration, .. with 1062
No. 25 of 1889, 1
No. 25 of 1889, 1155
Chinese Emigration ( Abusos,) (Obtaining Passage by Fraud.) { No. 22 of 1890, 1322
Chinese Hospital, ( Tungwa,) No. 3 of 1870, 404
Chinese Passenger Acts, Regulations, Ships, ( See Chinese
Emigration ).
Chinese Passes for Night, No , 13 of 1888 , 1033
Chinese Public Meetings, No. 13 of 1888 , 1036
Chinese Regulation, » No. 8 of 1858, 76
U No. 13 of 1888 , 1028
Chinese, Rendition of , ( See Extradition ).
Chinese Wills , No. of 1856, 56
ALPHABETICAL TABLE OF ORDINANCES.- Continuel. V
SUBJECT MATTER. VO . AND YEAR . PAGE.
No. 2 of 1817 , 22
Church , Protestant, { No. 3 of 1850 , 31
(Roman Catholic ), Incorporation, No. 10 of 1885 , 754
City of Victoria, ( Lighting ), .... No. Il of 1856, 67
Reservation of European District , No. 16 of 1888 , 1054
No. 2 of 1851 , 33
Civil Courts, ( Jurisdiction ), No. 10 of 1871 , 427
Civil Pensions, . ! No. 10 of 1862 , 107
No. 5 of 1856 , 56
Civil Procedure, .... No. 13 of 1873, 468
No. 14 of 1873, 547
Civil Servants ( Deceased ) Pay & Allowances, No. 1 of 1886, 796
Claims in Winding Up (Companies ), No. 30 of 1886 , 880
Cleanliness, Good Order and, ... No. 14 of 1815, 8
Code of Civil Procedure, No. 13 of 1873 , 468
Coinage Offences, ... No. 10 of 1865, 347
Commerce, Law of, Trade, No. 13 of 1861, 185
Commissions to take Evidence,.... No. 2 of 1889, 1108
Commissioners, Powers on Enquiries , No. 27 of 1986 , 870
Committee of Legislative Council, Power to take Evidence ,.... No. 26 of 1886, 869
Common Law Procedure , No. 6 of 1835 , 36
No. 5 of 1850 , 56
9 No. 4 of 1837 , 72
씻
Xo. 1 of 1865,
Companies ( Incorporation & c. ), ... with 189
No. 2 of 1866 ,
No. 3 of 1866, 358
( Registration ),..... No. 1 of 1877, 590
| No. 14 of 1881 , 617
( Amendment ), ...... No. 30 of 1886 , 873
(Alteration of Memorandum of Association ), No. 25 of 1890 , ' 1323
Compensation to Families of Persons Killed by Accident, ... No. 3 of 1889, 1113
Compensation for Resumption of Crown Lands, No. 23 of 1889, 1151
vi ALPIIABETICAL TABLE OF ORDINANCES . - Continued .
SUBJECT MATTER . NO. AND YEAR. Page .
Compulsory Attendance of Witnesses before Council, No. 26 of 1886, 869
Concealing Birth ,..... No. 4 of 1865, 268
No. 8 of 1883 ,
Conditional Pardons and Deportation , with 618
No. 4 of 1885,
Conditions & Covenants in Leases, No. 11 of 1873 , 461
Confiscated Funds (Claims ) (See Unclaimed Balances) .
Conveyances, Registration of,. No. 3 of 1844, 1
Conviction for Crimes, Operation of, No. 20 of 1882, 622
No. 17 of 1888 , 1057
Coroner's Abolition, ....
{ No. 7 of 1889, 1115
Coroner's Juries, ( See title supra ).
Costs, Taxation of, .. No. 13 of 1856, 70
Costs, by or from Crown ,.. No. 4 of 1857, 73
Covenants and Conditions in Leases, .. No. 11 of 1873, 461
Crimes Prevention, . No. 11 of 1887, 917
Crimes, Vacation of Office for, No. 20 of 1882, 622
Crimes, Whipping for, .. No. 16 of 1887, 936
No. 3 of 1865 ,
Criminal Law Procedure, with 250
No. 23 of 1882,
and Procedure, No. 2 of 1869, 396
( Amendment ), No. 5 of 1872, 428
Criminal Proceedings, No. 3 of 1856, 55
(Civil and Criminal),..... No. 5 of 1856, 56
Crown Debts Recovery ( See infra Crown Remedies) .
Crown Fees, (Refund ), No. 17 of 1870, 418
Crown Forfeitures , Relief, . No. 12 of 1870, 416
Crown Lands, Regumption ,.. No. 23 of 1889, 1151
Crown Lands, Squatters on , No. 27 of 1890, 1326
Crown Lands, Verandahs Enclosure, No. 4 of 1888 , 1014
Crown Remedies, No. 13 of 1875, 578
ALPHABETICAL TABLE OF ORDINANCES . - Continuel. vii
SUBJECT MATTER . NO . AND YEAR . PAGE.
Currency (British ), Conversion of, .. No. 1 of 1864, 116
Custody of Infants, No. 4 of 1886, 799
Criminal Lunatics, Expenses of, No. 30 of 1889, 1165
Criminals , Register of, No. 11 of 1887, 917
Damages, Power of Court to awarı , No. 3 of 1861 , 101
Dangerous Characters, Banishment of, (See Banishment).
No. 8 of 1873,
with
Dangerous Goods, Carriage and deposit of, ..... 452
No. 7 of 1881 ,
No. 19 of 1890,
Death , Sentence of,. No. 4 of 1865, 256
Deaths by Negligence, No. 3 of 1889, 1113
No. 7 of 1872, 428
Deaths (Registration ), .
... No. 13 of 1875 , 578
Debts to the Crown, Recovery, ..
Deeds, Wills, &c., Registration of, No. 3 of 1844 , 1
Defences Sketches Prevention , No. 2 of 1888 , 1013
Defamation , No. 5 of 1887, 909
No. 1 of 1867, 375
Definition of Words ,
No. 30 of 1886 , 878
Defunct Companies,
Delegation of Powers by Sanitary Board , No. 26 of 1890, 1325
Deportation - Conditional Pardons, ( See Banishment).
Depositions of Witnesses, Admission, ... No. 2 of 1889, 1103
No. 2 of 1852, 34
Desertion of Seamen , (Magistrates Powers ).
No. 14 of 1872, 438
Detention of Foreign Offenders,
Disposition of Property, (Married Women ), No. 12 of 1885, 755
No. 21 of 1886 , 853
Distillation of Spirits,
No. 1 of 1883, 626
Distraints for Rent,
District Watchmen , No. 13 of 1888, 1031
Doctors, (See Medical Registration ).
Documents Admissible in Evidence, No. 2 of 1889, 1099
Dominican Mission Incorporation, No. 14 of 1886, 823
viii ALPILABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER . NO . AND YEAR . Page.
Ejectment, (C.L.P.), .. No. 6 of 1855, 53
Embezzlement by Partners, No. 3 of 1886, 798
Emigration Abuses, No. 25 of 1889, 1155
No. 22 of 1890, 1322
No. 1 of 1889,
Emigration in Chinese Passenger Ships , ... with 1062
No. 25 of 1889,
Emigration Passage Brokers, No. 1 of 1889 , 1068
Enclosure of Verandahs, No. 4 of 1888 , 1014
No. 8 of 1860,
with
Estates of Deceased Persons, ( Probate of ), No. 1 of 1861, 87
&
No. 20 of 1885 ,
European District Reservation, No. 16 of 1888,1 10,54
Evidence Consolidation, No. 2 of 1889, 1094
Evidence, Entries in Bankers' Books, .. No. 2 of 1889, 1099
Evidence before Legislative Council, No. 26 of 1886 , 869
Examination of Prisoners, No. 18 of 1873, 561
Exchange, (Sce Bills of Exchange).
Expenses of Criminal Lunatics, No. 30 of 1889, 1165
No. 3 of 1862,7
Exportation of Military Stores, with 103
No. 3 of 1881 ,
Expressions, Definition of,...... No. 1 of 1867, 375
Extension of Imperial Acts ( see Acts ).
Extradition of Chinese Criminals, No. 26 of 1889 , 1156 ,
Extradition Acts, Application of, ..... No , ll of 1875 , 576
Extradition, (Hongkong and Macao ), No. 1 of 1881 , 603
False Personation, No. 3 of 1875, 564
Falsification of Accoumts, No. of 1890, 1174
Fees for Official Signatures, No. 5 of 1888 , 101.5
Fees of Crown), Refund , .. No. 17 of 1870, 418
Recovery ,.. No. 13 of 1875 , 579
ALPIIABETICAL TABLE OF ORDINANCES . - Continued. ix
SUBJECT Matter. NO. AND YEAR . Page.
Fermented Liquor, Sale on Board Ships, No. 18 of 1886, 844
Festivals, (Chinese Religious Ceremonies ), (See Regulation of
Chinese ).
Fire Brigade, No. 4 of 1868, 388
Co -operation with, No. 9 of 1857, 73
Fire Inquiries, No. 23 of 1888, 1061
No. 12 of 1865, 357
No. 3 of 1881 ,
Flogging Criminals, . with
No. 9 of 1884 , 616
No. 16 of 1887 , 936
Foreign Jurisdiction Acts --Conviction or Acquittal on ground
of Insanity, No. 30 of 1889, 1165
Foreign Offenders, ( Detention ), No. 14 of 1872 , 438
Foreign Recruiting, No. 7 of 1874 , 562
Forfeiture, ( Re -entry by the Crown ), No. 12 of 1870 , 416
Forfeitures Recovery, No. 13 of 1875, 578
Forgery, .. No. 6 of 1865 , 274
Forts, Batteries, Sketching & c. (see Stone Cutters' Island), ... No. 2 of 1888, 1013
Frauds, by Trustees, Bankers, & c. (See Larceny ).
Frauds upon Creditors, ( See Bills of Sale).
Fraudulent Biarking of Merchandize, No. 15 of 1890 , 1295
Fugitive Criminals, (See " Extradition " ).
Full Court, ( See Appeals from Magistrates).
Game Preservation, No. 15 of 1885 , 758
Gaol, No. 18 of 1885, 759
Gardens ( Public), Order in, No. 8 of 1870, 408
No. 11 of 1890,
Girls Protection, with 1281
No. 14 of 1891 ,
No. 14 of 1815, 8
Good Order and Cleanliness , .....
( No. 9 of 1867, 380
Governor's Power to Appoint Commissioners, No. 27 of 1886 , 870
Grants of Probatc ,.... No. 8 of 1860, 87
Х ALPHABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER . NO . AND YEAR . PAGE.
Gunpowder, (Manufacture, &c .), No. 1 of 1848, 29
Gunpowder, Offences Relating to, ..... No. 4 of 1865, 269
Holidays, Public and Bank, No. 6 of 1875, 565
Homicide, No. 4 of 1865 , 256
Hongkong Code of Civil Procedure, No. 13 of 1873 , 468
Hongkong Emigration, ( See Emigration ).
Hongkong and Macao Extradition , No. 1 of 1881 , 603
No. 5 of 1866 ,
with
Ilongkong and Shanghae Bank, ( Incorporation ), No. 21 of 1882, 365
and
No. 29 of 1889,
( Extension ), No. 15 of 1887 , 935
Hospital, (Chinese), No. 3 of 1870, 404
Householders, ( Registration ), No. 13 of 1888, 1028
Imperial Acts, Extension, No. 3 of 1856, 55
> > No. 7 of 1856 , 60
No. 3 of 1857, 71
Imperial Extradition Acts 1870 and 1873, Application, No. 11 of 1875 , 576
Importation of Cattle , No. 17 of 1887, 938
Incorporation of Berlin Ladies' Mission , No. 12 of 1889, 1118
Dominican Mission, No. 14 of 1886, 823
"
Missions Etrangères, No. 3 of 1890 , 1166
Rhenish Mission , No. 19 of 1887, 959
Roman Catholic Church , No. 10 of 1885 , 754
No. 1 of 1865, 189
with
Incorporation of Trading Companies, (and See Companies,) .. No. 2 of 1866 ,
No. 3 of 1866, 358
Indictable Offences, Aiders and Abettors, No. 5 of 1865 , 272
Before Magistrates, ( Procedure ), No. 10 of 1890, 1203
Infants Custody, No. 4 of 1886 , 799
ALPIIABETICAL TABLE OF ORDINANCES. - Continued. xi
SUBJECT MATTER . NO . AND YEAR . Page.
Infants Vaccination , No. 5 of 1890, 1169
Inhabitants, ( Peace and Quiet of) , No. 17 of 1844, 6
Injunctions ( C.L.P)., No. 6 of 1855, 48
Injuries to Property, No. 8 of 1865 , 328
Innkeepers' Liability, No. 11 of 1870 , 414
Inquiries by Commission - Powers, No. 27 of 1886, 870
Insanity of Criminals, No. 30 of 1889, 1165
Interest, Legal Rate of,.. No. 7 of 1886 , 807
Interpretation of Terms, No. 1 of 1867, 375
Intestate Estates, Unclaimed Balances, No. 7 of 1885, 715
No. 11 of 1888, 1018
Intestates, Widows and Children Relief, ...... No. 10 of 1886, 808
Intoxicating Liquors, (See Spirit Licences) .
No. 14 of 1862 , 111
Inventions, (Patents for), .... with and
No. 6 of 1890 , 1174
Johnson's Piers and Wharves, No. 18 of 1884, 701
Judgment Debtors, (C.L.P. ), No. 6 of 1855, 45
Judgment by Default (C.L.P.), No. 6 of 1855, 50
Judgments' Registration, No. 3 of 1841, 1
Judicial Investigations into Fires, No. 23 of 1888, 1061
Juries for Coroner ( See Coroner's Abolition ).
No. 2 of 1851 , 33
Jurisdiction of Civil Courts, ...
.
{ : 427
Jurisdiction of Magistrates, No. 10 of 1890, 1175
Jurors and Juries, No. 18 of 1887 , 951
Jurors and Witnesses, (Oath of non -Christian ), No. 2 of 1860, 78
Jury (C.L.P) ., .... No. 6 of 1855 , 43
Justices of the Peace, (See Magistrates).
Lading, Bills of,..... No. 29 of 1886, 874
Land Office, No. 3 of 1844, 1
xii ALPIIABETICAL TABLE OF ORDINANCES.- Continued .
SrBJECT MATTER . N ), AND YEAR . PAGE.
Land Sale ly Anction , No. 13 of 1886 , 822
Lands, (Crown) Resumption, No. 23 of 1889, 1151
Larceny, No. 7 of 1865 , 295
Larceny and Embezzlement ( Partners ), No. 3 of 1886, 798
No. 8 of 1873 ,
with
Law as to Carriage of Dangerous Goods, No. 7 of 1884 ,
152
No. 19 of 1890 ,
Law of Evidence, No. 2 of 1889, 1091
Law of Infants Custody, No. 4 of 1886 , 799
Law of Partnership , No. 7 of 1867 , 376
Law of Property , No. 7 of 1873, 442
Law of Property, (Leases), No. 11 of 1873 , 461
No. 24 of 1887 ,
with
Law of Public Health , 976
No. 26 of 1890,
No. 12 of 1891 ,
Law of Salos of Reversions, No. 5 of 1886 , 799
Law of Usury, No. 7 of 1886 , 807
Law of Wills, No. 28 of 1896 , 872
Legal Rate of Interest, No. 7 of 1886, 807
Legislative Council Witnesses, ..... No. 26 of 1886, 869
Letters of Administration , ..... No. 8 of 1860, 87
Liability of Innkeepers ,. No. 11 of 1870, 414
Libel, No. 5 of 1887 , 909
Licences for Distillation of Spirits, No. 21 of 1886 , 853
Licensing Consolidation, No. 21 of 1887, 961
Lighting, City of Victoria, . No. 11 of 1856, 67
Liquor, Sale in Ships, No. 18 of 1886 , 844
Lis Pendens, No. 10 of 1856 , 66
Loan ( Public ,) No. 1 of 1886, 809
Lunatic Criminals, Expenses of, No. 30 of 1889, 1165
ALPILABETICAL TABLE OF ORDINANCES.- Continued . xiii
SUBJECT MATTER . Wo . AND YEAR . PAGE.
Macao Extradition, No. 1 of 1881 , 603
Magistrates Ordinance, No. 10 of 1890, 1175
Magistrates Powers in relation to Desertion , No. 2 of 1852, 34
Magistrates, Procedure and Practice before, No. 10 of 1890, 1175
Mahome lan Cemetery, No. 8 of 1867, 378
Maintenance of Orier (Public Assemblies ) No. 10 of 1869, 401
(Public Buildings ) No. 8 of 1870, 108
Malicious Injuries to Property,... No. 8 of 1865, 328
Manufacture of Gunpowder, No. 1 of 18 18 , 29
Marine Magistrate (See Magistrates Ordinance.)
Marine Stores (See Naval Stores ).
No. 17 of 1887 , 937
with
Markets, No. 12 of 1890,
&
No. 23 of 1890, 1323
Marriage, No. 14 of 1575, 581
Married Women's Disposition of Property ,.. No. 12 of 1885, 755
Measures, No. 8 of 1885 , 718
Medical Registration , No. 6 of 1881 , 695
Memorandum of Association , Alteration of, No. 25 of 1890 , 13233
Mendicants ( See Vagrants).
Mercantile Law Amendment, No. 13 of 1864, 18,5
Merchandise Marks, No. 15 of 1890 , 1295
of 1862,
| No. 3with
Military Stores, Exportation of , 103
| No. 3 of 1881,
Misdemeanours, Abettors in ,... No. 5 of 1865, 272
Missionary Society ( Rhenishi) Incorporation , No. 19 of 1987 , 959
Missions Etrangères Incorporation, No. 3 of 1890 , 1166
Motions ( C. L. P. ) No. 6 of 1855, 10
Murder, Manslaughter, & c., No. 4 of 1865, 25.5
Naval Stores, No. 9 of 1875 , 571
xiv ALPIIABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER. NO. AND YEAR . PAGE .
No. 1 of 1875 , 563
Naval Yard , Police, with
No. 3 of 1879, 603
Negligence, Deaths arising from ,. No. 3 of 1889, 1 1113
1
Newspaper Libels, No. 5 of 1887, 912
No. 6 of 1886,
Newspapers, Printing, with 801
No. 4 of 1891 ,
Night Time, Peace & Quiet at, No. 17 of 1944, 6
Night Passes, No, 13 of 1888, 1033
Notaries Public, ( Registration ) No. 3 of 1871 , 420
Nuisances, No. 14 of 1845, 8
No. 12 of 1856, 68
... No. 10 of 1872, 436
Oaths, General Administration of, No. 2 of 1889, 1109
Oaths, & c., of Jurors and Witnesses, .. No. 2 of 1860, 1 78
Oath to Witness before Legislative Council. No. 26 of 1886, 869
No. 4 of 1869 ,
Oaths, (Promissory,) ... with 399
No. 2 of 1887,
Offences relating to Coinage, No. 10 of 1865 , 347
Offences in connection with Forgery , No. 6 of 1865 , 274
Offences in connection with Larceny, No. 7 of 1865, 295
No. 4 of 1865,
with
Offences against the Person,.. No. 1 of 1866,
255
No. 9 of 1890,
Offences relating to Police, No. 9 of 1862, 620
Offences relating to Property, No. 8 of 1865, 328
Offences, (Treasonable, No. 15 of 1868, 394
Offenders, ( Detention of Foreign,) No. 14 of 1872, 438
Offices, Vacation of For Crimes, No. 20 of 1882, 622
Official Assignee, ( Bankruptey ), No. 9 of 1882, 620
Official Administrator, No. 13 of 1890, 1295
ALIISBETICAL TABLE OF ORDINANCES. --- Continued . XV
SUBJECT MATTER . No. and YEAR . ' PAGE.
Office of Sheriff, Provision for, ... No. 17 of 1881 , 700
Official Signatures Fees, .. No. 5 of 1888, 1015
No. 22 of 1887 ,
Opium (Raw ), Regulation of, Trade in , with 968
No. 22 of 1891 ,
Oral Examination of Prisoners, No. 18 of 1873, 561
Orier and Cleanliness, No. 9 of 1867, 380
Order, Maintenance of, Public Assemblages No. 10 of 1869, 401
Public Gardens, Buildings, . No. 8 of 1870, 408
Ordinances, Record of, No. 31 of 1886 , 895
Ordnance Estates, Vesting, No. 6 of 1860, 84
Pardons, ( See Banisbment).
Partnership Law , ( Amendment), . No. 7 of 1867, 376
Passage Brokers, ( for Chinese ), No. 1 of 1889, 1068
Passengers' Estates, ( See Probate and Administration ).
No. 1 of 1889 ,
with 1062
Passenger Ships, ( Chinese ), ..........
No. 25 of 1889,
No. 25 of 1889, 1155
Passenger Ships, ( Abuses) (Obtaining Passages by Frau ),.. No. 22 of 1890, 1322
Passes for Chinese , No. 13 of 1888, 1033
No. 14 of 1862,
Patents for Inventions, with 111
No. 6 of 1890,
: (Declarations as to), No. 6 of 1890 , 1174
Pawnbrokers' Licences,. No. 3 of 1860, 79
No. 1 of 1886 , 796
Pay of Deceased Civil Servants, .
Peace of the Colony , No. 9 of 1857, 73
l'eace Preservation , No. 15 of 1886 , 825
Peace and Quiet at Night Time, No. 17 of 1844, 6
No. 3 of 1881 ,
with 616
Penal Ordinances Amendment, ...
No. 4 of 1884,
Penal Servitude, ( Abolition ), No. 10 of 1887 , 916
Xvi ALPHABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER. NU . AND YEAR . PAGE .
Penalties, Remission of, No. 14 of 1860, 100
Pensions, (Civil), No. 10 of 1862, 107
Pensions, Determination of for Crimes ,... No. 20 of 1882 , 622
Pension Fund, for Officers' Widows and Children , .. No. 30 of 1890, 1329
Periodical Payments, Apportionment, No. 2 of 1886 , 796
Perjury, No. 2 of 1889 , 1111
Personal Violence, ( Security from ),......... No. 12 of 1865 , 357
Personation with Intent, No. 3 of 1875, 564
Piers and Waves ( Chaters), No. 19 of 1881 , 707
liers and Wharres, ( Johnson's),. No. 18 of 1881 , 701
No. 1 of 1868 ,
Piracy Suppression , with 382
No. 6 of 1869,
(Stinkpots, & c .),...... No. 2 of 1870, 403
Police Force , ( Consolidation ), No. 14 of 1887 , 922
Police Force, ( Offences Relating to,) No. 9 of 1862 , 105
Police Force (Rewarıls to ), No. 9 of 1867 , 380
No. 1 of 1875, 563
Police, (Naval Yard ), with
No. 3 of 1879 , 603
( Extension ), No. 3 of 1879 , 603
Post Office, ... No. 1 of 1887 , 396
Practice of Barristers and Attorneys, ( Regulation ), No. 15 of 1873 , 558
No. 13 of 1856, 70
No. 3 of 1871 , 420
Practitioners, Admission of, with
No. 13 of 1881 , Appendix.
Prava Reclamation , No. 16 of 1889, 1144
Preservation of Birds and Game, .. No. 15 of 1885 , 758
Preservation of Peace , No. 15 of 1886 , 825
Preservation of Trees, No. 14 of 1888, 1039
Prevention of Carriage of Dangerous Goods, No. 8 of 1873 , 452
Prevention of Crimes , No. 11 of 1887 , 917
ALPHABETICAL TABLE OF ORDINANCES.- Continued . xvii
SUBJECT MATTER . No. AND YEAR. PAGE.
Prevention of Nuisances, No. 10 of 1872 , 436
No. 6 of 1886,
Printers and Publishers, with 800
No. 4 of 1891,
Printing Presses, No. 6 of 1886, 801
Prison Regulation , ...... No. 18 of 1885 , 759
Amendment, No. 13 of 1889, 1119
Prisoners, Oral Examination of, No. 18 of 1873, 561
r No. 8 of 1860,
with
No. 1 of 1861 , 87
&
Probate and Administration , ..... No. 20 of 1885 ,
No. 9 of 1870, 411
No. 13 of 1890 , 1295
Proctors, Admission , No. 3 of 1871 , 120
Procurator of Dominican Mission, Incorporation, No. 14 of 1886, 823
Procedure ( See Civil Procelure, Criminal Procedure ).
Promissory Notes, Law as to, No. 9 of 1885, 750
No. 13 of 1873 , 534
Promissory Notes ( Procedure),.
No. 4 of 1869,
with 399
Promissory Oaths, No. 2 of 1887 ,
Property ( See Malicious Injuries to ).
Property of Aliens, No. 2 of 1853, 35
No. 7 of 1873,
with 412
Property and Trustees Relief,
No. 5 of 1885 ,
Property, Law of ( Leases ), No. Il of 1873, 461
Property of Married Women , (Disposition of), No. 12 of 1885, 755
Property Registration, ...... No. 3 of 1811, 1
Protection of Naval & c., Stores, No. 9 of 1875, 571
No, Il of 1890 ,
Protection of Women and Girls with 1281
No. 14 of 1891,
xviii ALPHABETICAL TABLE OF ORDISANCES.- Continued .
SUBJECT MATTER. No. AXD YEAR./ Page.
Public Assemblages, (Order ), No. 10 of 1869, 401
Public Anction , Land Sales, No. 13 of 1886 , 822
Public Buildings (Protection ), No. 8 of 1870 , 408
Public Gardens, Maintenance of Order in , No. 8 of 1870 , 408
No. 24 of 1887,
with 976
Public Ilealth ,
No. 26 of 1890, &
No. 12 of 1891 ,
Public Health (Additional Member of Sanitary Board ), No. 1 of 1890 , 1166
( Cemeteries), No. 4 of 1890, 1168
(Delegation of Powers ), No. 26 of 1890, 1325
Public Holidays, ... No. 6 of 1875, 565
Public Houses, No. 21 of 1886, 853
Public Loan , No. 11 of 1886, 809
Public Notaries (Registration ), .. No. 3 of 1871 , 420
Public Officers Pension Fund, S No. 30 of 1890, 1329
No. 18 of 1891,
Public Vehicles, , No. 21 of 1887, 961
Publicans, Powers of Magistrates as to, No. 2 of 1852, 34
Quiet at Night Time, No. 17 of 1844 , 6
Rape, & c., No. 4 of 1865 , 265
Rate of Interest ( Legal), No. 7 of 1886, 807
No. 15 of 1888,
Rating Ordinance, .... with 1039
No. 17 of 1890 ,
No. 22 of 1887,
Raw Opium , with 968
No. 22 of 1891 ,
Reclamation of the Praya,... No. 16 of 1889, 1144
Record of Ordinances, No. 31 of 1886, 895
Recovery of Crown Rents, fees, & c ., No. 13 of 1875, 579
Recruiting for Foreign States, No. 7 of 1874, 562
Reduction of Capital (Companies ), No. 30 of 1886, 876
ALPHABETICAL TABLE OF ORDINANCES.-- Continued . xix
SUBJECT MATTER . NO. AND YEAR . PAGE.
Re-entry by the Crown ,.. No. 12 of 1870, 416
No. 19 of 1886 , 845
Reformatory Schools, No. 10 of 1889, 1115
Refund of Crown Fees, ... No. 17 of 1870, 418
Refund of Rates, No. 15 of 1888 , 1047
Registration of Births and Deaths, No. 7 of 1872, 428
of Books, No. 10 of 1888, 1051
No. 1 of 1865 ,
with 189
of Companies, and see Companies ), .. No. 2 of 1866,
No. 3 of 1866 , 358
of Deeds, &c ., No. 3 of 1844, 1
of Householders, No. 13 of 1888, 1029
of Land , .. No. 3 of 1844, 1
of Lis Pendens,.. No. 10 of 1856, 66
of Marriage, No. 14 of 1875, 581
of Medical Men & c.,..... No. 6 of 1884, 695
No. 16 of 1873,
of Trade Marks, with 559
No. 8 of 1886 ,
of Vaccinated Persons, No. 5 of 1890, 1169
Regulation (and Registration ) of Chinese, No. 13 of 1888 , 1028
No. 22 of 1887,
of Opium Raw, .. with 968
No. 22 of 1891 ,
of Public Vehicles , No. 21 of 1887 , 961
of Spirituous Liquors sale, No. 21 of 1886, 853
Regulation of Police, .. No. 14 of 1887, 922
Rehearing before Magistrate, No. 10 of 1890 , 1216
Relief against Forfeiture, ( See Re-entry by the Crown ) .
Relief of Intestates' Widows & Children , No. 10 of 1886, 808
No. 7 of 1873,
Relief of Trustees, with 442
No. 5 of 1885,
XX ALPHABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER. NO. AND YEAR. PAGE.
Religious Ceremonies, No. 13 of 1888, 1032
Remission of Penalties, No. 14 of 1860, 100
Rendition of Chinese ( See Estradition).
Criminals (Macao ), No. 1 of 1881 , 603
Rents, Apportionment, No. 2 of 1886 , 796
Rents, Crown Remedies for, ..... No. 13 of 1875, 1 578
Rents, Distraint for, No. 1 of 1883,
1 626
Repeal of Usury Laws, ......... No. 7 of 1886, 807
No. 16 of 1888,
Reservation of European District, with 1054
No. 26 of 1888, J
Resumption of Crown Lands, No. 23 of 1889, 1151
Reversions, Sales of, No. 5 of 1886, 799
Revivor (C.L.P.), No. 6 of 1855, 44
Revocation of Probate, No. 8 of 1860, 87
Rhenish Mission ( Incorporation ), .. No. 19 of 1887, 959
Roman Catholic Church ( Incorporation ), No. 10 of 1885, í 754
No. 1 of 1875 ,
Royal Naval Yard Police,.... with 563
No. 3 of 1879,
Rules of Court (Imperial), Extension of, .... No. of 1860, 86
Saint Paul's College, No. 7 of 1875, 567
Sale, Bills of, No. 12 of 1886, 811
Sales of Land by Auction ,.. No. 13 of 1886, 822
Sales of Reversions, No. 5 of 1886, 799
No. 1 of 1890 ,, 1166
Sanitary Board ( See Public IIealth ),
{ No. 26 of 1890, 1325
1
No. 19 of 1886 , 845
Schools, Reformatory , No. 10 of 1889, 1115
Secret Bills of Sale, prevention , No. 12 of 1886, 811
Secret Societies , . No. 8 of 1887 , 911
Security of Residents in Colony, (See Peace Preservation ).
ALPHABETICAL TABLE OF ORDINANCES.- Continued. xxi
SUBJECT MATTER . No. AYD YEAR . PAGE.
Sentence of Death, (See Offence against the Person ).
Sheriff (Abolition), No. 17 of 1884, 700
Ships, Liquors Sold to, No. 18 of 1886 , 811
Signatures (Official), Fees for, No. 5 of 1888, 1015
Sketching Prevention, No. 2 of 1889, 1013
No. 17 of 1887, 937
Slaughter Houses, with
No. 23 of 1890, 1322
Society of Missions Etrangères, Incorporation, No. 3 of 1890 , 1166
Solicitors, Admission of,
No. 13 of 1856, 70
No. 3 of 1871 , 420
No. 15 of 1873 , 558
Practice Regulation,
1 No. 13 of 1884, Appendix .
Solitary Confinement, No. 3 of 1869, 387
Special Constables, .. No. 15 of 1886 , 825
Spirit Licences, ... No. 21 of 1886 , 853
Spirits, Distillation of,
Spirituous Liquors, Sale of,
Spirituous Liquors, Sale on Board Ship, ... No. 18 of 1886 , 814
Squatters, No. 27 of 1890, 1326
Stamps, No. 16 of 1886 , 830
Standard Weights and Measures , No. 8 of 1885 , 718
Statute Law Preservation , No. 31 of 1886 , 895
Stone Cutters' Island, ( See Forts Protection ), No. 11 of 1889 , 1116
Stores (Military ), Exportation of, No. 3 of 1862, 103
Stores ( Naval), Protection , No. 9 of 1875, 571
Suits between Chinese, No. 2 of 1851, ' 33
Summary Conviction , Offences Punishable on , No. 10 of 1890, 1175
Summary Procedure, Magistrates, No. 10 of 1890 , 1175
Suppression of Desertion, No: 2 of 1852, 1 34
No. 1 of 1868 ,
Suppression of Piracy, with 382
No. 6 of 1869,
xxii ALPHABETICAL TABLE OF ORDINANCES.- Continued .
SUBJECT MATTER. NO. AND YEAR.PAGE.
Suppression of Piracy, ( Co -operation with Chinese), No. 2 of 1870, 403
Supreme Court ( Bailiffs), No. 22 of 1882, 623
(Code of Civil Procedure), No. 13 of 1873 , 468
97 ( Criminal Law and Procedure ), No. 3 of 1865, 250
No. 2 of 1869, 396
No. 5 of 1872 , 428
(Equity Jurisdiction,) No. 3 of 1861 , 101
(Practice,) ..... No. 3 of 1858 , 73
( Practitioners ), (See that Title) .
(Reconstruction), . No. 12 of 1873 , 463
( Summary Jurisdiction), ...... No. 14 of 1873 , 547
Taxation of Costs, .. No. 13 of 1856, 70
Theatrical Performances, No. 13 of 1888 , 1032
Trade and Commerce, Law of, ..... No. 13 of 1864, 185
No. 16 of 1873 ,
Trade Marks, ( Registration), with 559
No. 8 of 1886,
No. 22 of 1887,
Trade of Raw Opium , Regulation , with 968
No. 22 of 1891 ,
No. 6 of 1883,
Tramways, with 637
No. 18 of 1883,
Transportation , Abolition of, No. 10 of 1887 , 916
Treasonable Offences, No. 15 of 1868, 394
Trees, Preservation of, No. 14 of 1888, 1039
Triad and Secret Societies, No. 8 of 1887, 914
No. 6 of 1855, 36
Trial without Jury, (C.L.P.),
No. 7 of 1873 ,
Trustees and Executors Relief, with 442
No. 5 of 1885 ,
Tung Wa Hospital, No. 3 of 1870, 404
No. 7 of 1885, 715
Unclaimed Balances of Estates,
{ No. 11 of 1888, 1018
ALPHABETICAL TABLE OF ORDINANCES.- Continued . xxili
SUBJECT Matter. NO. AND YEAR . PAGE.
Unlawful Societies, No. 8 of 1887 , 914
Unnatural Offence ,.. No. 4 of 1865, 269
Usury Laws, ( Abolition ), No. 7 of 1886, 807
Vacation of Offices, No. 20 of 1882, 622
Vaccination, No. 5 of 1890 , 1169
Vagrancy , No. 12 of 1888, 1023
No. 21 of 1887 , 961
Vehicles, ( Public ), Licensing,
Verandahs over Crown Lands, Enclosure, No. 4 of 1888, 1014
Vesting of Admiralty Estates, No. 3 of 1863 , 113
Vicar Apostolic, Roman Catholic Church , No. 10 of 1885 , 754
Victoria, City of, Lighting, No. 11 of 1856, 67
Violence, Security from Personal, No. 12 of 1865, 357
Volunteers, No. 18 of 1882, 621
Water Supply ( See Infra ).
Waterworks, Regulation, No. 16 of 1890, 1309
Watchmen (District) , No. 13 of 1888, 1031
Weights and Measures, No. 8 of 1885 , 718
Wharves ( Johnson's ), No. 18 of 1884, 701
No. 19 of 1881 , 707
(Chater's),
Whipping for Crimes, No. 16 of 1887 , 936
No. 12 of 1865 ,
with 357
Whipping for Personal Violence,
No. 3 of 1881 ,
No. 3 of 1868, 387
Whipping and Solitary Confinement,
No. 30 of 1890,
with 1329
Widows & Orphans Pensions,
No. 18 of 1891 ,
Widows & Orphans Relief, No. 10 of 1886, 808
Wild Birds Preservation , No. 15 of 1885, 758
Wills Act Amendment, : . No. 28 of 1836, 872
Wills by Chinese, No. 4 of 1856, 56
xxiv ALPHABETICAL TABLE OF ORDINANCES . - Continued .
SUBJECT MATTER. NO . AND YEAR . PAGE.
Wills, Probate of, No. 8 of 1860, 87
Wills, Registration of , No. 3 of 1844, 1
No. 1 of 1865,
Winding up of Companies, ( See Companies ). with 189
No. 2 of 1866,
Witnesses, Depositions of, (See Evidence ). .
Witnesses before Legislative Council, No. 26 of 1886 , 869
Witnesses and Jurors, ( Oaths, &c.,) No. 2 of 1860, 78
No. 11 of 1890 ,
Women and Girls ' Protection , with 1281
No. 14 of 1891 ,
Words and Expressions ( Interpretation ), No. 1 of 1867, 375
ALPHABETICAL TABLE TO PROCLAMATIONS, RULES,
REGULATIONS, ORDERS IN COUNCIL , NOTI
FICATIONS, & c . , PRINTED IN THE TWO
PRECEDING VOLUMES
( Including Rules & Regulations forming Schedules to Ordinances ).
SUBJECT MATTER . DATE . Page .
Aberdeen Cemetery ,-- Notification as to 2nd May 1891, 1008
Adhesive Stamps, ---Order as to 4th June 1886 , 812
Appeals from Magistrates (Rules ) 1278
Assignment --Deeds of , where no or nominal consideration , --
Order as to duty on 9th Oct. 1886 , 843
Balances of Estates ,–Order as to 4th Feb. 1888 , 717
Bankruptcy, (General Orders) ( Repealed ) 15th Aug. 1864, i 174
Baptism (Registration Fee Regulation ), 12th Feb. 1874 , 419
Billiard Table Licence Fee , -Order as to 8th July 1875, 419
Bills of Exchange ,-Order as to duty on 9th April 1887, 843
Bills of Sale (Rules for entering up satisfaction), 821
Births and Deaths, (Baptism Registration Fee ), - Order as to 12th Feb. 1874, 419
I
Books Registration --Notification as to 24th Mar. 1888 , 1018
Bowling Alley Fee ,-- Order as to ..... 8th July 1875, 419
Breaming and repairing vessels ( Rules ), 27th Ang. 1886, 994
British Currency ,-Orders as to ( II . M's) 9th Jan. 1863, 118
( Proclamation ), (Governor's ) 22nd Jan. 1864, 117
Brothels (Registration Rules ), 6th April 1891 , 1291
1
Burial Grounds for Chinese, -Notification as to . 2nd May 1891, 1008
Carriage of Dangerous Goods (Bye -laws), 10th Feb. 1886, 460
Cattle Depôt Farms ( Conditions ), 16th Dec. 1889, 950
VOTE.-Where no date appears in the 2nd column, the rules, &c., referred to, are contained in
Schedules to the Ordinances.
xyvi ALPHABETICAL TABLE TO PROCLAMATIONS, & C. - Contd.
SUBJECT MATTER . Date. PAGE ,
Cattle Diseases, Slaughter -Houses and Markets,
Cattle Depôt Farms, Conditions as to 16th Dec. 1889, 950
Cattle Diseases, Bye-laws, 914
Markets Bye-laws,.... 948
Market Buildings, Conditions as to letting of ... 21st May 1890, 951
Hung-hom Market, Order as to 8th Jan. 1889, 919
Slaughter Houses, Bye-laws as to 945
Slaughter -Houses Farms, Conditions as to 16th Dec. 1889, 950
Cattle, Swine, & c ., & c., -- Bye -laws as to keeping 20th Nov. 1889, 997
11th Oct. 1890, 590
Celebration of Marriages,-Places for-Notices as to ....{ 10th Jan. 1891 ,
Cemeteries (See Chinese Cemeteries infra ).
Cemetery (Mahomedan ), 24th Aug. 1867, 379
Certifying Officer for Vaccination, - Notification 20th Oct. 1890, 1173
Chai Mui and other Games, Regulations .. .
27th Sept. 1872, 437
Chair Regulations, Fares, etc. 19th Nov. 1991 , 964
Chinese Burial Grounds (see infra) .
Chinese Cemeteries,
Kaulung, Saukiwan, Sheko, Stanley, Aberdeen , Notifi
cation as to 2nd May 1891 , 1008
Saukiwan , Notification as to closing 26th April 1890, 997
Chinese Emigration ,
Passenger Steamers on voyages of not more than 30 days,
Regulations .... 1088
Passenger Steamers specially licensed, Regulations ..... 1084
Chinese Emigration Lodging IIouses ,
Keepers of, Conditions for ..... 27th June 1884 , 78
Owners, lessees; &c., Regulations of 27th June 1884, 991
Chinese Funeral,-Undertakers Licences -Regulations 16th May 1889, 967
Chinese Games , -- Regulations as to ..... 27th Sept. 1872, 437
Chinese Recreation Ground , Regulations, 22nd July 1887, 411
ALPIIABETICAL TABLE TO PROCLAMATIONS, &c . - Contd. xxvii
SUBJECT MATTER . DATE . PAGE .
Chinese Regulation , -
Lamps at night, Order as to ..
8th Sept. 1871 , 1038
Night passes, Fee for, Order as to 24th July 1875, 1038
Night passes, Duplicates, Order as to 25th Mar. 1885, 1038
Chinese Undertakers, Licences Regulations, 16th May 1889, 967
Churches, Licensed for Marriages (see Marriage ).
Circulars, & c., Local Delivery ; Order as to 4th Jan. 1888 , 904
Civil Pensions, Minute regulating 5th May 1862, 107
( See Gazette
Civil Servants (see above ), 2nd Jan. 1892 , )
Common Lodging Houses, . 22nd May 1891 , 1009
Company, Table A, Regulations in 229
Winding -up, &c ., Rules as to 881
Compulsory reporting,--
(a) Of infected premises, 7th Mar. 1889 , 996
(6) Of infectious diseases, 2nd Jan. 1889, 995
Conversion of British Currency,--
Governor's Proclamation , 22nd Jan. 1864, 117
Order and Proclamation of H.M. in Council, 9th Jan. 1863, 118
Cries in the Streets, Regulations,.. 127th Sept. 1872, 437
{ 13th May 1890, 437
Crown Fees,
Baptism Registration Fee, Order as to 12th Feb. 1874, 419
Billiard Tables, Bowling Alley Fees, Order as to, 8th July 1875, 419
Passport Fee, Order as to .... 24th July 1875, 419
Spirit Licences, Regulations as to ... 23rd July 1886, 420
22nd Jan. 1864, 117
Currency Proclamations , { 9th Jan. 1863, 118
Dangerous Goods,
Carriage of dangerous goods, Bye-laws as to 10th Feb. 1886, 460
See
Dynamite, Conditions as to Keeping 10th Nov. 1891 , Appendix
xxviii ALPHABETICAL TABLE TO PROCLAMATIONS, & c . — Contd.
SUBJECT Matter. DATE . Page .
Dangerous Goods, -
Kerosine, Conditions for storage of .. 11th April 1881 , 459
21st Oct. 1882 , 459
Kerosine Licences, Regulations for 16th April 1884, 459
Petroleum , Form of special licence for storage of 4th May 1880, 458
Phosphorus, Order as to 26th Mar. 1877 , 458
Dealers' Licences for Naval Stores, Regulation ,.. 14th Oct. 1875, 574
Deed of Assignment (see Assignment).
Discipline of Police, Regulations, ... 28th June 1887, 930
Distilleries licences ,-Order as to .... 3rd Sept. 1886, 868
Drains (House ), Bye -laws as to 13th Oct. 1890, 998
Dynamite, Conditions of Keeping ... 10th Nov. 1891 , appreSeendis
Emigrant Lodging Houses, ( Chinese ), Conditions, 27th June 1884, 78
Excretal Matter, Use of Rule , 22nd May 1884, 993
Extradition Acts,–Order of H.M. in Council, 20th Mar. 1877 , 577
Fares for Public Vehicles, 19th Nov. 1891 , 966
Fees for Trade Marks, 16th Oct. 1890, 560
Fertilization of land by excretal matter, Rule, 24th May 1884, 993
Fire Brigade Regulations, ....... 8th Dec. 1882, 390
Fishing Vessels , Prohibition of Stinkpots, Proclamation 16th Aug. 1870, 403
Fraudulent Marks, Regulations as to, 13th July 1891 , 1305
Games (Chinese ) Regulation, 27th Sept. 1872, 437
Gaming houses, Regulation as to Police duties as to reporting 30th Nov. 1887 , 931
Gaol Regulations, 22nd Oct. 1891, 765
Gardens (Public ), – Regulations , 3rd May 1872, 410
General Orders in Bankruptcy, ( Repealed ). 15th Aug. 1864, 174
Goats, Bye -law as to keeping 27th Nov. 1889 , 997
Granite dressing, Regulations, 27th Sept. 1872, 437
Hawkers, -Regulations Street Cries, 27th Sept. 1872,
13th May 1890, } 437
ALPHABETICAL TABLE TO PROCLAMATIONS, & C. - Contd . xxix
SUBJECT MATTER. Date. PAGE .
Hawkers,-Condition of licence, 29th May 1890 , 968
Hongkong & Shanghai Bank ,
Capital subscribed, Proclamation as to ........ 15th Dec. 1866 , 374
Execution of Deed of Settlement, Notification as to, 13th Aug. 1967 , 374
Further Capital, Proclamation as to 12th July 1884, 374
House Drains, -Bye - laws as to 13th Oct. 1890, 998
Hunghom Market ,-Order as to 19th Jan. 1889, 949
Impressed Stamps, Order as to ... 4th June 1886, 842
Infectious Diseases ,
Bye-laws as to compulsory reporting, 2nd Jan. 1889, 995
Infected Premises, -
Bye-laws as to compulsory vacation, 7th Mar. 1889 , 996
Inspector of Vaccination , Rules, 21st Sept. 1891 , 1173
420
Intoxicating Liquors, Regulations, 23rd July 1886,386
Irrigation of Land with excretal matter, Rule, 22nd May 1884, 993
Jinrickshas Regulations & Fares , ...... 19th Nov. 1891 , 964
Junks, Proclamation as to Stinkpots, 16th Aug. 1870, 403
Kaulung Cemetery, Notification as to 2nd May 1891 , 1008
Kennedy Road,-Regulations, 20th May 1887, 410
Kerosine, - Storage conditions, 11th April 1881 , 459
21st Oct. 1882, 459
99 Licences Regulations , 16th April 1884, 459
Latrines, —Bye -laws, . 16th Feb. 1891 , 1007
Leave Regulations for Police, 20th Aug. 1888 , 931
Licensing Consolidation ,
Chinese undertakers, Regulations as to 16th May 1889, 967
Hawkers' licences, Condition for 29th May 1889, 968
Public vehicles and fares, Rules as to 19th Nov. 1891 , 964
Local Delivery of Circulars & c., Order as to .. 4th Jan. 1888, 904
XXX ALPHABETICAL TABLE TO PROCLAMATIONS, & c . - Contd.
SUBJECT Matter. DATE . PAGE .
Lodging Houses for Chinese Emigrants, ( Conditions ).. 27th June 1884, 78
Lodging Houses for Chinese, 22nd May 1891 , 1009
Magistrates, -
Summary Procedure Rules, | 1277
Appeal Rules,... 1278
Mahomedan Cemetery, Rules, 24th Aug. 1867, 379
Marine Stores (see Naval Stores infra ).
Market Bye- laws, 948
Markets, Order as to Hunghom 19th Jan. 1889, 949
Conditions of letting buildings , .... 21st May 1890 , 951
Marriage ,
Celebration of, Notice of licensing of places for 11th Oct. 1890, 590
Celebration of, Notice of licensing of places for 10th Jan. 1891, 590
Fees , Table of .... 590
Merchandize Marks, –Regulations, 13th July 1891 , 1305
Money Orders system,--Order 28th April 1888,9,1 908
Naval Stores,
Dealers' licences, Regulations as to .... 14th Oct. 1875, 574
Order as to last mentioned regulations, 21st June 1877 , 575
Nuisances,
Granite dressing, Regulations as to ..... 27th Sept. 1872, 437
Ilawkers' Street cries, Regulations as to ... 27th Sept. 1872, 437
{ 13th May 1890, 437
Noises at Chai Mui & other games, Regulationsas to.... 27th Sept. 1872, 437
Omnibus, -Fares, 19th Nov. 1891 , 967
Payment into Court by trustees & c., Rules as to 451
Passport fee,-Order as to .... 24th July 1875, 119
Parcel Post-Order as to 19th April 1888, 905
Pensions to Civil Servants, Minute, (See Gazette 2nd Jan.
1892), 5th May 1862, 107
Pensions to Police- (See Police Force).
ALPHABETICAL TABLE TO PROCLAMATIONS, & C. - Contd . xxxi
SUBJECT MATTER . Date . PAGE .
Pensions to Widows & Orphans of Public Officers, Rules for
calculating 1342
Petroleum storage, Conditions and Form of special Licence,.. 4th May 1880, 458
Phosphorus,-Order as to ... 26th Mar. 1877, 458
Piers and Wharves ( Johnson's ), Regulations, 21th Sept. 1885, 706
Piracy Suppression, Proclamation as to stinkpots , 16th Aug. 1870, 403
Places for Vaccination , Notification , 20th Oct. 1890, 1173
Police Force ,
Discipline & c ., Regulations 28th June 1887, 930
Leave Regulations ,.... 20th Aug. 1888, 931
Pensions & c ., Regulations,... 20th July 1891, 933
Reports as to gaming houses, &c., Regulation 30th Nov. 1887, 931
Vaccinatiou of Police recruits, Regulation , 10th Jan. 1888, 931
Post Office,
Circulars, Orier local delivery 4th Jan. 1888 , 904
Money Orders, Orler as to 28th April 1888, 908
Parcel post, Order as to .... 19th April 1888, 905
Rates of postage, Order as to 4th April 1891 , 905
6th July 1889, 1150
Praya Reclamation,-Plan ,-Notification as to Schedule,....
Prison, Rules and Regulations, 22nd Oct. 1891 , 765
Prohibition of Stink Pots , ... 16th Aug. 1870, 403
Public Buildings, Gardens, & c.,
Gardens, Regulations as to 3rd May 1872 , 410
Kennedy Road, Regulations as to 20th May 1887, 410
Taipingshan Recreation Ground, Regulations as to 411
22nd July 1887,
Public Health ,
Breaming and repairing vessels, Additional Rules as to .. 27th Aug. 1886, 991
Cattle, swine, sheep and goats, Bye -laws keeping . 20th Nov. 1889, 997
Chinese burial grounds, Notification as to 2nd May 1891 , ! 1008
Chinese Cemeteries Bye -laws, 15th Oct. 1891, 1012
xxxii ALPHABETICAL Table To PROCLAMATIONS, & c . - Contd.
SUBJECT MATTER. Date . PAGE.
Public Health ,
Chinese Cemetery at Saukiwan, Notification as to the
closing, 26th April 1890, 997
Chinese emigrant lodging houses, Regulations for ..... 27th June 1884, 991
Common Lodging Houses Bye-laws, 22nd May 1891 , 1009
Compulsory reporting of infectious diseases, Bye -laws, .. 2nd Jan. 1889, 995
Compulsory vacating of infected premises, Bye-laws.... 7th Mar. 1889, 996
Election of members of the Sanitary Board, Rules as to .. 31st May 1888, 994
Ilouse drains, & c., Bye-laws 13th Oct. 1890, 998
Irrigation of land, Additional rule as to 22nd May 1884, 993
Latrine Bye- laws 16th Feb. 1891 , 1007
Scavenging Bye-laws 20th Nov. 1889, 996
Public Vaccinators Notifications , 20th Oct. 1890,
{ 12th Sept. 1891,
1173
Public Vehicles,
Rules as to and Fares, 19th Nov. 1891, 964
Rates of Postage,-Order as to 4th April 1891 , 905
Recreation Ground, (Chinese), (See Taipingshan ).
Recruits for Police Force, (See Vaccination ).
Reformatory Schools, Notification as to West Point School, .. 13th Oct. 1886, 852
Registration fee for Baptisms, 12th Feb. 1874, 419
Registration of Brothels, Rules as to 6th April 1891, 1291
Revenue Stamps ,-Order as to use of Postage Stamps as 14th Mar. 1891 , 843
Rough Dressing of Granite, Regulation, 27th Sept. 1872, 437
Saint Paul's College, Statutes, 26th July 1875, 569
Sanitary Board bye-laws (See Public Health ).
Sanitary Board, Election of members, ...... 31st May 1888, 994
Sanitary Inspection of Brothels, Rules as to .. 6th April 1891, | 1294
Satisfaction of Bill of Sale - Rules, .. 821
Scavenging , -Bye -laws as to 20th Nov. 1889, 996
ALPHABETICAL TABLE TO PROCLAMATIONS, & c . - Contd , xxxiii
SUBJECT MATTER. DATE. PAGE.
Schools (Reformatory ), Notification as to West Point School 13th Oct. 1886, 852
Shaukiwan Chinese Cemetery, Notifications as to closing .... 26th April 1890, 997
Sheep, Bye -law as to keeping 20th Nov. 1889, 997
Sheko Cemetery, Notification , 2nd May 1891 , 1008
Slaughter houses, Bye-laws, ... 945
Slaughter houses, Conditions of farm 16th Dec. 1889, 950
Spirit Licences,
Distilleries licences , Order as to conditions of .... 3rd Sept. 1886 , 868
Intoxicating Liquors, Regulations as to ........ 23rd July 1886, 420
Stamps,
Adhesive and impressed stamps, Order as to 4th June 1886, 842
Duty on deed of assignment where consideration nominal ,
Order as to 8th Oct. 1886, 843
Duty on bill of exchange drawn & payable out of but
negotiated in Colony, Order as to ... 7th April 1887, 843
Use of postage 2 cents for revenue stamps, Rules as to .. 14th Mar. 1891 , 843
2nd May 1891 , 1008
Stanley Cemetery, Notification as to ...
Stinkpots, Proclamation, 16th Aug. 1870, 403
Stone Cutters' Island, Proclamation , . 24th Oct. 1891 , 1117
Storage of Dynamite, Conditions, ......... 10th Nov. 1891 , Appendix.
11th April 1881 ,
Storage of Kerosine, Conditions, (See Dangerous Goods 459
21st Oct. 1882,
Stores, (See Marine Stores).
27th Sept. 1872,
437
Streets Cries, Regulations,
13th May 1890,
Summary Proceedings before Magistrates, Rules, 1277
Swine, Bye -laws as to keeping ..... 20th Nov. 1889, 997
229
Table A, Company Regulations,
Taipingshan Recreation Ground, Regulations, 22nd July 1887, 411
Trade Marks, Scale of fees, 16th Oct. 1890, 560
xxxiv ALPHABETICAL Table To PROCLAMATIONS, &c. — Contd.
SUBJECT MATTER . DATE . Page .
Tramways, –
Governor's consent to assignment of undertaking , Order
as to ... 4th Mar. 1885 , 688
16th Dec. 1889,
Number and amount of passengers luggage, speed , & c., 26th June 1890, 694
Regulations as to 16th Mar. 1891 ,
Tramway No. 6, Notification as to opening 26th May 1888, 693
Tramway No. 6, Notification as to opening 26th July 1889, 693
Transhipment of Dangerous Goods, Regulations,. 10th Feb. 1886 , 460
Trustees Relief, Payments into Court, Rules, as to 451
Unclaimed Balances, Order for transfer 4th Feb , 1888, 717
Undertakers' Licences (Chinese) Regulations, 16th May 1889, 967
Vaccination of Police Recruits, Regulation , 10th Jan. 1888, 931
Vaccination ,
Certifying Officer, Notification as to .. 20th Oct. 1890, 1173
Inspector of, (Rules) ,... 21st Sept. 1891 , 1173
Places for, Notification as to .... 20th Oct. 1890 , 1173
Public Vaccinators, Notification as to 12th Sept. 1891 , 1173
Vehicles, ( See Public Vehicles ).
Vessels, breaming and repairing , 27th Aug. 1886, 994
21st May 1891 , 1318
Water Supply, Regulations, { 29th June 1891,
West Point Reformatory School, Notificatiou as to 13th Oct. 1886 , 852
Widow's and Orphans Pensions, Rules for calculating 1342
Women and Girls Protection, Rules as to Brothels, 6th April 1891 , 1291
APPENDIX .
APPENDIX .
( Addenda et Corrigenda )
At p. 35. - Note in connection with Ordinance No. 3 of 1854 which extended the
operation of 14 and 15 Vic . c. 19 to this Colony that Ordinance No. 11
of 1865 only repeals so much of 14 and 15 Vic. c. 19 as relates to ss.
1 , 2, 3, 4, 8 and 9. ( See Edition of Ordinances published in 1890 vol. I
p. 287. )
At p. 107. — Note Pension Minute of the 28th December 1891 , Gazette 2nd January 1892.
At p. 119. - Note the repeal of No. 5 of 1864 as from January 1st 1892 by Ordinance
No. 20 of 1891 .
At p . 314. - Note reference to s . 84 of Ordinance No. 20 of 1891 ' in connection with ss.
60 to 69 of No. 7 of 1865 .
At p . 318. - Note in reference to s. 70 of No. 7 of 1865 the repeal by Ordinance No. 20
of 1891 s. 84 of the words towards the end of section beginning “ or if he
shall have first disclosed etc.” to end of section .
At p. 381. - Note the repeal of No. 15 of 1867 from the 1st January 1892, by Ordinance
No. 20 of 1891 .
At p.p. 422. – At the end of section 7 of 3 of 1871 note the following portion of No. 13
and 700 . of 1884 which has been accidentally omitted and should have been
inserted at p . 700 after No. 6 of 1884.
No. 13 OF 1884.
An Ordinance to amend Ordinance No. 3 of 1871 .
[ 23rd April 1884. ]
* * * *
( Amendment
given effect
to in 3 of Provided that such amendment shall not affect the rights
1871. )
of any person , who at the time of the passing of this ordinance,
is a bonâ fide clerk to an attorney practising within the Colony,
and is bona fide engaged in the transaction and performance
under the direction and superintendence of such attorney, of
such matters of business as are usually transacted and performed
by attornies .
At p. 454. — Insert in s. 8 of No. 8 of 1873 in the 3rd line after the word " carrying "
the words 66“ or about to carry ."
At p. 455 .
U 460; } —Notethe following conditions ::
Conditions as to the keeping of Dynamite, as sanctioned by the Governor
in Council under sec. 11, para. 2, of Ordinance No. 8 of 1873
( Gazette 10th November 1891. )
1. No premises shall be licensed for the Storage of Dynamite within the
City of Victoria .
2. No premises shall be licensed for the Storage of Dynamite unless
they shall have been approved by the Superintendent of the Fire Brigade.
3. The Dynamite shall be packed in a double package so constructed as
to prevent any explosive or any portion thereof from escaping. The outer
package should be a box or barrel made of wood or other suitable material,
and on no account is any metal other than soft metal to be used in the
construction of either the inner or outer package.
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1
Xxxviii APPENDIX .
4. No inner package shall contain more than 5 bs., and no outer package
more than 100 lbs. of Dynamite.
5. Each outer package shall have the words “ DYNAMITE
DANGEROUS " written, printed or marked on the lid or cover thereof in
two-inch red letters both in English and Chinese .
6. The room in which Dynamite is kept shall be so constructed as to be
at all times inaccessible to any persons other than those authorized to enter
the room. The locks used shall be made of brass .
7. The words “ DANGER - BUILDING ” should be affixed in legible
characters both in English and Chinese to the outer side of the door of any
room in which Dynamite is stored.
8. The interior of any room in which Dynamite is stored shall be kept
in such condition as to prevent any grit, on , steel or similar substance from
coming in contact with the explosive.
9. Any tools used in the Store shall be made only of wood ,copper,brass
or some soft metal or material or shall be covered with some safe or suitable
material .
10. No detonating caps or fuzes nor articles of any other description
except the receptacles for, or tools and implements for work in connection
with the storage of Dynamite shall be kept in the same room as Dynamite.
11. The room in which Dynamite is stored shall not be open between
the hours of 6 P.M. and 6 A.M. from October to March inclusive, nor between
the hours of 7 P.M. and 5 A.M. from April to September inclusive.
12. The Licensees of licensed premises shall notify to the Superintendent
of the Fire Brigade, on the first of each month during the currency of their
jicence, the quantity of Dynamite stored therein .
13. Applications for the renewal of a licence must be sent in one month
before the expiration of the licence, to enable the Inspector of Dangerous
Goods to make his report on the state of the premises.
At p. 560.-- In the heading to the Scale of fees at foot of No. 16 of 1873 : --
For “ 2nd October " alter to “ 16th October " in the 1st line,
For “ 28th August 1885 ” alter to “ 16th October 1890” in the 2nd line.
For " 11th October " alter to “ 18th October " in the 3rd line.
In the scale of fees alter the fee of $50 on application to register a
trade mark to $25.
At p. 613.- Right hand top, for “ [ 1 of 1887 ] ” read “ [ 1 of 1881]."
66
At p. 721.-Right hand top, for “ [ 6 of 1883 ] ” read “ [ 9 of 1885 )."
At p. 1146.-Opposite s. 7 (ii ).
At p. 1147. - Opposite s. 7 ( iv ).
At p. 1150 .-- At foot. } Add the following note.
For Revised Schedule of lessees & c., see Government Notification
No, 530, Gazette 19th December, 1891 .
m
le
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UNIVERSITY OF MINNESOTA
TA
3 1951 D01 362 053 V
ONE WEEK