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





PRIVY COUNCIL

LIBRARY

THE LIBRARY

OF THE

NIVERS ,

OYNU , ARTIBUS

L E

MINNSES O

LAW SCHOOL

1

1

 

1

LAR

2

THE C

via

ORDINANCES

OF THE

1 LEGISLATIVE COUNCIL OF THE COLONY

OF

HONG KONG .

:

CONCISE EDITION

FROM THE YEAR 1914 TO THE END OF 1890 .

1

VOL. II .

COMPILED FOR THE GOVERNMENT OF HONGKONG , SUSILIED

BY FC ? THE

A. J. LEACII ,

PUBLICSERVICE

Barrister -at - Law '.

DROIT

By Authority.

HONGKONG :

PRINTED BY NOROSIIA & CO ., GOVERNJENT PRINTERS.

1892 .

In this and the preceding volume Naturalization and Ap

propriation Ordinances are omitted.

The Appendix containing addenda and corrigenda to both

volumes should be carefully noted up.

A. J. LEACH .

February, 1892.

107354

CHRONOLOGICAL TABLE

ORDINANCES OR PARTS OF ORDINANCES

IX

Vol . II .

NO. AND YEAR. SUBJECT. Page .

No. 3 of 1879 , Naval Yard Police, 603

No. 1 of 1881 , Macao Extradition, 603

No. 2 of 1881 , Census, 615

1

No. 3 of 1881 , , Penal Ordinances Amendment, (Whipping ),...... 616

No. 14 of 1881 , Companies, 617

No. 8 of 1882, Banishment and Conditional Parious, 618

No. 9 of 1882, Bankruptcy ( Official Assignee ), . 620 *

No. 18 of 1882 , Volunteers. 621

No. 20 of 1882 , Vacation of Ofices , . 622

No. 22 of 1882, Supreme Court ( Bailiffs ), 623

No. 1 of 1883 , Distraints for Rent, 626

No. 6 of 1883, Tramways, 636

No. 6 of 1884 , Medical Registration , 695

See

No, 13 of 1884 , Barristers and Attornies, (Provision for ), ... Jppendix .

No. 17 of 1881 , Sheriff's Duties, .... 700

No. 18 of 1884, Johnson's Piers and Wharves, 701

No. 19 of 1884, Chater's Piers and Wharves, 7707

No. 7 of 1985 , Unclaimeil Balances, 715

No. 8 of 1885, Weights and Measures, 718

No. 9 of 1885, Bills of Exchange, 721

Repealed .

VI CHRONOLOGICAL TADLE OF ORDINANCES, Continued .

NO , AND YEAR . SUBJECT. Page .

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No. 10 of 1885, Incorporation of the Roman Catholic Church, ...... 754

No. 12 of 188.5, Married Women's Disposition of Property ,.... 755

No. 15 of 1885 , Preservation of Wild Birds and Game, 758

No. 18 of 1885, Prison, 759

No. 1 of 1886, Payment of small sums due to the estates of deceased Civil

Servants, ...... 796

No. 2 of 1886 , Apportionment of Rents, & c., ... 796

No. 3 of 1886, | Larceny and Embezzlement Amendment, 798

No. 4 of 1886, Infants Custody, 799

No. 5 of 1886 , Sales of Reversions, ..... 799

No. 6 of 1886, Printers and Publishers, 800

No. 7 of 1886, Usury Laws Repeal,....... 807

No. 10 of 1886, Widows and Children Relief, ( Intestacy ), ... 808

No. 11 of 1886, Loan, (Publie ), 809

No. 12 of 1886,, Bills of Sale,............... 811

No. 13 of 1886, Sales of Land by Auction , 822

No. 14 of 1886, | Incorporation of Dominican Mission), .... 823

No. 15 of 1886, Peace Preservation , 825

No. 16 of 1886 , Stamps, .... 830

No. 18 of 1886, Liquor Sale on Board of Ship, 811

No. 19 of 1886, Reformatory Schools, 845

No. 21 of 1886, Spirit Licences,..... 853

No. 26 of 1886, Legislative Council Witnesses, (Oaths and Attendance), 869

No. 27 of 1886, Appointment of Commissioners and their Powers, 870

No. 28 of 1896, Wills Act Amendment, 872

No. 29 of 1886, Bills of Lading, 874

No. 30 of 1886, Companies ( Amendment ), 875

CHRONOLOGICAL TABLE OF ORDINANCES , - Continued. VIL

NO . AND YEAR. SUBJECT . Page.

No. 31 of 1886, Statute Law Preservation , 895

No. 1 of 1887 , Post Office, 896

No. 5 of 1887, Defamation and Libel, .. 909

No. 8 of 1887, Triad and Unlawful Societies, (Suppression),.. 914

No. 10 of 1887, Transportation and Penal Servitude Abolition , 916

No. 11 of 1887 , Prevention of Crime, 917

No, 14 of 1887, | Police Force Consolidation , 922

No. 15 of 1887, Hongkong & Shanghai Bank, ( Continuation ), ... 935

No. 16 of 1887, Whipping ,...... 936

No. 17 of 1887, Cattle Diseases, Slaughter -Houses and Markets, 937

No. 18 of 1887, Jury Consolidation, ..... 951

No. 19 of 1887, The Rhenish Mission, ( Incorporation ),) 959

No. 21 of 1887, Licensing Consolidation, ..... 961

No. 22 of 1887, Opium (Raw ), 968

No. 24 of 1887, Public Health, 976

No. 2 of 1888, Defences Sketching Prevention ....... 1013

No. 4 of 1888, Enclosure of Verandahs over Crown Lands, ... 1014

No. 5 of 1888, Official Signatures Fees, ..... 1015

No. 10 of 1888, Registration of Books, ........ 1015

No. 11 of 1888, Unclaimed Balances of Estates, 1018

No. 12 of 1888, | Vagrancy, .. 1023

No. 13 of 1888, Regulation of Chinese,... 1028

No. 14 of 1888 , Trees Preservation , 1039

No. 15 of 1888, Rating , 1039

No. 16 of 1888, | European District Reservation, 1051

No. 17 of 1889, Coroner's Abolition ........... 1057

No. 23 of 1898, Fire Enquiry, 1061

VIII CHRONOLOGICAL TABLE OF ORDINANCES , - Continued .

NO . AND YEAR . SUBJECT . PAGE .

No. 1 of 1889, Chinese Emigration Consolidation ,... 1062

No. 2 of 1889 , Law of Evidence Consolidation , 1094

No. 3 of 1889, Compensation to Families of Persons Killed by Accident, 1113

No. 7 of 1889 , Coroner's Abolition, (Supplemental),.............. 1115

No. 10 of 1889, Reformatory Schools Amendment, ... 1115

No. 11 of 1889, Stone Cutters' Island, 1116

No. 12 of 1889, Incorporation of Berlin Ladies' Mission , 1118

No. 13 of 1889, Prison Amendment, . 1119

No. 15 of 1889, Buildings, 1120

No. 16 of 1889, Praya Reclamation, 1144

No. 23 of 1889, Crown Lands Resumption, 1151

No. 25 of 1889, Chinese Emigration (Emigration Abuse ), 1155

No. 26 of 1889, Chinese Criminals Extradition, 1156

No. 30 of 1889, Criminal Lunatics, (Expenses ), 1165

No. 1 of 1890, Public Health -- Additional Member on Sanitary Board, ... 1166

No. 3 of 1890, Incorporation of Missions Etrangères, 1166

No. 4 of 1890, Public Health- (Cemeteries ), ..... 1168

No. 5 of 1890, Vaccination , ... 1169

No. 6 of 1890 , Patents- (Amendment), 1171

No. 7 of 1890, Falsification of Accounts, 1174

No. 10 of 1890, Magistrates, ... 1175

No. 11 of 1890, Women and Girls' Protection , 1281

No. 13 of 1890, Official Administrator, (Devolution of Title ) 1295

No. 15 of 1890, Merchandise Marks, ( Fraudulent Marks),....... 1295

No. 16 of 1890, Waterworks Water Snpply, 1309

No. 22 of 1890, Chinese Emigration-- Amendment, 1322

No. 23 of 1890, Cattle Diseases, Slaughter-Houses and Markets - Amendment,. 1322

Cronological TABLE OF ORDINANCES ,- Continued . IX

NO . AND YEAR. SUBJECT. PAGE.

No. 25 of 1890, Companies ( Alteration of Memorandum of Association ),........ 1:323

No. 26 of 1890, Public Health ( Delegation of Powers by Sanitary Board),...... 1325

No. 27 of 1890, Squatters, ... 1326

No. 30 of 1890 , Widows' and Orphans' Pensions Fund , .... 1329

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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,

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.

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.

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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

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

..remaining

to

pay to Summons

including

due

, ost

lColonial

imposed

.) Police

. by Trea

to Magis-

execution

Trea lost

d

. ue

persons committal

Trea

REMARKS.

commit .

surer trate'

War-

of s

surer

. o

.&

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re-r

sure

c.

,& clerk . r

c.tal

,& rant s m

. itted

(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

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

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.

!

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


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