Hongkong colonial ordinances C.1
Stanford University Libraries
3 6105 047 503 672
349.51
H772
Herbert Clark Hoover.
2. Dans
LELAND STANFORDJR
UNIVERSITY
HIBRARY
PRESENTED BY HERBERT CLARK HOOVER
775
2
1
9
1
c
Houghong. Sams, statutes, etc.
HONGKONG
COLONIAL ORDINANCES .
1844 .
STANFORD LIBRARY
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL.
1847 .
P
A
CONTENTS .
COLONIAL ORDINANCES OF 1844 .
Page.
No. 1 or 1844.-Disallowed.
No. 2 of 1844.-" An Ordinance to regulate the Printing of Books and Papers, and the keeping of
... 1
Printing Presses within the Colony of Hongkong. [ 28th February, 1844. ] "
No. 3 OF 1844.-" An Ordinance to provide for the Registration of Deeds, Wills, Judgments, and
Conveyances affecting Real or Immoveable Property in Hongkong. [ 28th February, 1844. ]" ... 5
No. 4 OF 1844.-Disallowed.
No. 5 OF 1844.- Repealed by Ordinance No. 14 of 1845.
No. 6 OF 1844. - Self-repealed by Clause 4 thereof.
No. 7 OF 1844.- " An Ordinance for removing Doubts respecting the Application to Hongkong of
the Laws and Statutes of England relating to Usury, and to limit and define the Rate of Interest
which may be recovered in Cases where it hath not been previously agreed on between the
Parties. [20th March, 1844.]" ... ... ... ... ... ... ... ... ... 11
No. 8 OF 1844.-" An Ordinance for prohibiting the Distillation of Spirits within the Colony of Hong-
kong. [ 20th March, 1844.] " ... ... ... ... 13
No. 9 OF 1844.-" An Ordinance to restrain all Persons within the Colony of Hongkong from Trading
in the Empire of China to the Northward of the Thirty-second Degree of North Latitude.
[ 10th April, 1844. ] " (Amended by Ordinance No. 1 of 1846.) ... ... ... 17
No. 10 OF 1844.-" An Ordinance to regulate Summary Proceedings before Justices of the Peace, and
to protect Justices in the Execution of their Office. [ 10th April, 1844. ] " ... ... ... ... ... 21
No. 11 or 1844.-" An Ordinance for Licensing Public Houses, and for Regulating the Retail of
Fermented and Spirituous Liquors in the Colony of Hongkong. [ 1st May, 1844. ]" ... ... ... 31
No. 12 or 1844.-" An Ordinance for the Establishment and Regulation of a Police Force in the
Colony of Hongkong. [ 1st May, 1844. ] " ... ... ... 43
No. 13 OF 1844.-" An Ordinance for the Appointment and Regulation of Native Chinese Peace
Officers (Paouchong and Paoukea) within the Colony of Hongkong. [ 31st May, 1844. ] " ... 51
No. 14 OF 1844.-" An Ordinance for the Suppression of Public Gaming in the Colony of Hongkong.
[ 10th June, 1844.] " ... ... ... ... ... ... ... ... ... ... 53
No. 15 OF 1844.- Superseded by Ordinances Nos. 6, 7, 8, and 9 of 1845.
No. 16 OF 1844. - Repealed by Ordinance No. 18.
No. 17 OF 1844.-" An Ordinance for the better securing the Peace and Quiet of the Inhabitants of the
Town of Victoria and its Vicinity during the Night-time. [ 11th September, 1844.]" ... 55
No. 18 OF 1844.- Repealed by Ordinance No. 7 of 1846.
No. 19 of 1844.- Repealed by Ordinance No. 11 of 1845.
No. 20 OF 1844.- Disallowed.
No. 21 OF 1844.- Repealed by Ordinance No. 5 of 1845.
No. 22 OF 1844.- " An Ordinance for establishing Standard Weights and Measures, and for Preventing
the Use of such as are False and Deficient. [ 30th December, 1844.]" ... ... ... 61
RY
LIBRA
Leland Stanford, Jr.'
ITY
UNIVERS
ADIEU DROIT
HONGKONG ,
ANNO SEXTO ET SEPTIMO
VICTORIA REGINÆ.
No. 2 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
Grand Cross of the Most Honourable Order of the Bath,
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to regulate the Printing of Books and Papers, and Title.
the keeping of Printing Presses within the Colony of Hongkong.
[28th February, 1844. ]
I. Be it enacted, That from and after the First Day of April now No Newspaper to be
save in Ac-
next ensuing, no Printed Periodical Work whatever, containing cordancewith theRules
Public News, or Comments on Public News, shall be published within hereinafter mentioned.
the Colony of Hongkong, except in Conformity with the Rules
hereinafter laid down.
1. The Printer and the Publisher of every such Periodical Printer and Pub-
Work shall appear before the Chief Magistrate of Police at lisher
ration. to make Decla-
Hongkong, and shall make and subscribe in duplicate the
following Declaration ,—“ I. A. B. declare, that I am the Printer
" (or Publisher, or Printer and Publisher) of the Periodical
" Work entitled
" and Printed (or Published, or Printed and Published) at
66
Hongkong, "
and the last Blank in this Form of Declaration shall be filled
up with a true and precise Account of the Premises where
the Printing or Publication is conducted .
2. As often as the Place of Printing or Publication is New Declaration on
Change of Residence.
changed, a new Declaration shall be necessary.
3. As often as the Printer or the Publisher, who shall have New Declaration on
made such Declaration as is aforesaid, shall leave the Colony former Printerthe
lisher leaving orPub-
Co-
of Hongkong, a new Declaration from a Printer or Publisher lony.
resident within the said Colony shall be necessary.
A II.
21
COLONIAL ORDINANCES.
Punishment and Pe-
nalty for Non-observ- II. And be it enacted, That whoever shall Print or Publish any
ance of above Rules. such Periodical Work as is hereinbefore prescribed, without conform-
ing to the Rules hereinbefore laid down , or whoever shall Print or
Publish, or shall cause to be Printed or Published, any such Periodi-
cal Work, knowing that the said Rules have not been observed with
respect to that Work, shall on Conviction be punished with Fine to
an Amount not exceeding Three Thousand Dollars, and Imprisonment
for a Term not exceeding Two Years.
Declaration to be III. And be it enacted, That each of the two Originals of every
deposited in Office of Declaration so made and subscribed as is aforesaid, shall be authen-
Chief Magistrate and
in the Supreme Court. ticated by the Signature and Seal of the said Chief Magistrate of
Police ; and one of the said Originals shall be deposited among the
Records of the Office of the said Chief Magistrate, and the other Ori-
ginal shall be deposited among the Records of such Supreme Court
of Judicature as may hereafter be established in Hongkong ; and the
Officer in charge of each Original shall allow any Person to inspect
that Original, on Payment of a Fee of One Dollar, and shall give to
any Person applying a Copy of the said Declaration, on Payment of
a Fee of Two Dollars.
Copy of Declaration IV. And be it enacted, That in any Legal Proceeding whatever,
to be Evidence.
as well Civil as Criminal, the production of a Copy of such a Decla-
ration as is aforesaid, attested by the Seal of such Magistrate or Court
as is empowered by this Ordinance to have the Custody of such
Declarations, shall be held (unless the contrary be proved) to be
sufficient Evidence, as against the Person whose Name shall be sub-
scribed to such Declaration, that the said Person was Printer or
Publisher, or Printer and Publisher, (according as the Words of the
said Declaration may be, ) of every Portion of every Periodical Work
whereof the Title shall correspond with the Title of the Periodical
Work mentioned in the said Declaration.
Person ceasing to be
Printer or Publisher V. Provided always, That any Person who may have subscribed
to make Declaration any such Declaration as is aforesaid, and who may subsequently
thereof. cease to be the Printer or Publisher of the Periodical Work mention-
ed in such Declaration, may appear before such Chief Magistrate as
aforesaid, and make and subscribe in duplicate the following Decla-
ration :-
66
I, A. B., declare that I have ceased to be the Printer (or Pu-
" blisher, or Printer and Publisher) of the Periodical Work
" entitled
and each Original of the latter Declaration shall be authenticated by
the Signature and Seal ofthe said Chief Magistrate ; and one Original
of the said latter Declaration shall be filed along with each Original
of the former Declaration ; and the Officer in charge of each Original of
the latter Declaration shall allow any Person applying to inspect that
Original, on Payment of a Fee of One Dollar, and shall give to any
Person applying a Copy of the said latter Declaration, attested by
the Seal of the Magistrate or Court having custody of the Original,
on Payment of a Fee of Two Dollars.
Copy of such Decla- VI. And be it enacted, that in all Trials in which a Copy attest-
ration e . admitted ed as is aforesaid of the former Declaration shall have been put in
to be
as Evidenc
Evidence, it shall be lawful to put in Evidence a Copy attested as is
aforesaid
6º & 7° VICTORIE.- No 2 of 1844. 3
aforesaid of the latter Declaration, and the former Declaration shall
not be taken to be Evidence that the Declarant was, at any Period
subsequent to the date of the latter Declaration, Printer or Publisher
of the Periodical Work therein mentioned.
VII. And be it enacted, that every Book or Paper, printed after Every Book or Pa-
the passing and publishing of this Ordinance, within the Colony of per to contain
of Printer Name
or Publish-
Hongkong, shall have printed on it at the End thereof the Name of er, and Place of Print-
the Printer and of the Publisher, and the Place of Printing and of ing or Publication.
Publication ; and whoever shall Print or Publish any Book or Paper,
otherwise than in conformity with this Rule, shall on Conviction be
punished by Fine to an Amount not exceeding Three Thousand
Dollars, and by Imprisonment for a Term not exceeding Two Years.
VIII. And be it enacted, that after the First Day of April now Declaration by the
Possessor ofany Print-
next ensuing, no Person shall, within the Colony of Hongkong, keep ing Press.
in his Possession any Press for the Printing of Books or Papers, who
shall not have made and subscribed the following Declaration before
the Chief Magistrate of Police at Hongkong ; and whoever shall keep
in his Possession any such Press, without making such a Declaration,
shall on Conviction be punished by Fine to an Amount not exceed-
ing Three Thousand Dollars, and by Imprisonment for a Term not
exceeding Two Years.
66
" I A. B. declare that I have a Press for printing at "
; " and this last blank shall be filled
up with a true and precise Description of the Premises where such
Press may be.
IX. And be it enacted, that any Person who shall, in making nalty
Punishment and any
for making Pe-
any Declaration under the Authority of this Ordinance, knowingly false Declaration.
affirm an Untruth, shall, on Conviction thereof, be punished by Fine
to an Amount not exceeding Three Thousand Dollars, and Imprison-
ed for a Term not exceeding Two Years.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 28th day of February, 1844.
RICHARD BURGASS,
Clerk ofthe Legislative Council.
DIEU E DROIT
HONGKONG ,
ANNO SEXTO ET SEPTIMO
VICTORIE REGINÆ.
No. 3 of 1844 .
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
BY Grand Cross of the Most Honourable Order of the Bath,
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
trading to and from the Dominions of the Emperor of China, with
the Advice of the Legislative Council of Hongkong.
An Ordinance to provide for the Registration of Deeds, Wills, Title.
Judgments, and Conveyances affecting Real or Immoveable Property in
Hongkong.
[ 28th February, 1844. ]
WHEREAS it is expedient to prevent Secret and Fraudulent Preamble.
Conveyances in the Colony of Hongkong, and to provide Means
whereby the Title to Real and Immoveable Property may be easily
traced and ascertained :
I. Be it therefore enacted by His Excellency the Governor of Establishment of a
Hongkong and its Dependencies, with the Advice of the Legislative Registry Office.
Council thereof, That from and after the passing of this Ordinance,
the Land Office in the said Colony shall be a Public Office for the
Registration of Deeds, Conveyances, and other Instruments, Wills,
and Judgments, in Manner hereinafter mentioned ; and that all Instruments affect-
Conveyances and other Deeds, Wills, and Devises, and other In- ing Land may be re-
struments in writing, now or hereafter to be made or executed, and Office.
all Judgments to be obtained, by which Conveyances, Deeds, and other
Instruments in writing, Wills, and Judgments, any Parcels of Ground,
Tenements, or Premises in Hongkong aforesaid or its Dependencies,
now are, or shall, or may hereafter be affected, may be entered and
registered in the said Office in the manner hereinafter directed .
B II.
6 COLONIAL ORDINANCES .
Instruments to have II. And be it further enacted, That all such Judgments and
Priority according to
their Dates of Regis- Conveyances, or Instruments in writing, obtained, made, or executed
tration. respectively after the passing of this Ordinance, and registered in
pursuance hereof, shall have Priority one over the other according to
the Priority of their respective Dates of Registration ; and that all
such Judgments, Deeds, Conveyances, or Instruments in writing, as
last aforesaid, and all future Devises which shall not be registered in
pursuance of this Ordinance, shall (as against any subsequent bona
fide Purchaser or Mortgagee of the same Parcels of Ground, Tene-
ments, or Premises, for valuable Consideration) be absolutely Null
and Void to all Intents and Purposes : Provided that nothing herein
contained shall extend to bona fide Leases at Rack-rent for any
Term not exceeding Three Years.
Notice of Unregis- III. And be it enacted, That no Notice whatsoever, either actual
tered Instruments not
to affect those duly or constructive, of any prior unregistered Deed, Judgment, Will,
Registered. Conveyance, or Instrument in writing, shall affect the Priority of any
such Instruments as aforesaid as shall be duly registered in pursu-
ance of this Ordinance.
Instrument to be
registered within a cer- IV. And be it further enacted, That all Judgments, Deeds, Wills,
tain Time after Execu- Conveyances, or Instruments in writing, hereafter obtained, made, or
tion.
executed, which shall be duly registered within the respective Times
next mentioned : that is to say, all Deeds, Conveyances, and other
Instruments in writing (except Wills, ) which (if executed in Hong-
kong or its Dependencies) shall be registered within One Month, or
which (if executed in any other Place) shall be registered within
Twelve Months after the time of Execution thereof respectively, and
all Wills which (if the Devisor die in Hongkong or its Dependencies)
shall be registered within One Month, or which (if the Devisor die in
any other Place) shall be registered within Twelve Months after the
Decease of every Devisor respectively, and all future Judgments
which shall be registered within One Month after the Entry or Record-
ing thereof, shall severally be in like manner entitled to priority, and
shall take effect respectively in relation to the Date thereof only, in
the same manner as if this Ordinance had never been made.
Mode of Registra- V. And be it further enacted , That the Registration intended by
tion.
this Ordinance shall be made in manner following : that is to say,
a Memorial containing the Particulars hereinafter specified shall be
delivered into the said Land-Office, signed (in case of Deeds, Convey-
ances, or other Instruments in writing, except Wills ) by some
or one of the Parties to the Original Deed or Instrument ; or if such
Parties be dead or absent from the Colony, then by one or more of
the Witnesses to such Deed or Instrument ; and (in case of Wills and
Devises) signed by some or one of the Devisees, or his or her Guardian
or Trustees ; and (in case of Judgment) signed by the Plaintiff or
Plaintiffs : And every such Memorial shall be verified by the Oath of
some competent Person, that the same contains a just and true
Account of the several Particulars therein set forth, which Oath shall
be taken before the Chief Magistrate of Police, or before any Justice
of the Peace of the said Colony.
Particulars neces- VI. And be it further enacted, That every Memorial of any
sary for Memorial to
contain. Judgment shall contain the following particulars : that is to say,
the
6º & 7° VICTORIE.- No. 3 OF 1844 .
the Names and Additions of the Plaintiffs and Defendants respec-
tively, the Sum thereby recovered or secured, the Time of Entry or
Recording the same, and the Sum of Money bona fide due thereon ;
and every Memorial of any Deed or Conveyance, Will, or other
Instrument, shall contain and set forth the Date of such Deed, Con-
veyance, Will, or other Instrument , and the particular Nature and
Object thereof, the Names and Additions of all the Parties to such
Deed, Conveyance , or Instrument, and of the Devisor, Devisee, or
Devisees of such Will, and the Names and Additions of all the
Witnesses thereto, and shall especially particularize and express the
Parcels of Ground, Tenements, and Premises affected or intended to
be affected by such Deed, Conveyance , Will, or Instrument, and the
proper and ordinary or accustomed Names of the Places where the
same shall be situated, and (except in cases of Wills) the Pecuniary
or other Consideration for the same, in the Form or to the Effect of
the Form numbered ( 1 ) in the Schedule hereunto annexed : Provided
always, that when there shall be more Writings than one for perfect-
ing the same Conveyance , Devise, or Security, affecting the same
Parcels of Ground , Tenements, and Premises, all such Writings shall
be stated in one and the same Memorial, in which it shall be sufficient
to particularize such Parcels, Tenements, and Premises only once.
VII. And be it further enacted, That on delivery of any such Memorial to be num-
bered by the Land Of-
Memorial as aforesaid, the said Land Officer shall number the same ficer, and Receipt to be
according to the order of Time in which it shall have been so deli- given.
vered, and shall give a Receipt for the same, in which Receipt shall be
specified the certain Day and Time of Day when such Memorial shall
have been so delivered, and the proper Number thereof in the Regis-
ter of the said Land Office ; and he shall also in like manner imme-
diately indorse on the back of such Memorial a Certificate, contain- dorseLandthereon
Officer atocerti-
en-
ing the Day and Time of Day when the same was so delivered, and ficate of the Day and
the Name and Place of Abode of the Person verifying the same, and Hour morialwhen
was such Me-
delivered
shall sign the said Certificate when so indorsed ; and such Certificate into his Office.
Certificate to be Evi-
shall be taken and allowed as Evidence of the Registration and dence of Time of Re-
Time of Registration of every such Judgment, Deed, Will, Devise, gistration.
Conveyance, or other Instrument, whereof such Memorial shall be
so made.
VIII. And be it further enacted, That every such Memorial shall, Memorial to be Re-
as soon after the Receipt thereof as practicable, be carefully regis- in the Office.
tered by the Land Officer, in regular succession as received, according
to its proper Number, in a particular Book to be kept by him for that
Purpose, and shall afterwards be deposited by him in some secure
Place in his Office, and there kept for future Reference when re-
quired ; and he shall also keep an Index of the Parcels of Ground, Land Officer to keep
an Index of Places and
Tenements, and Premises, mentioned in every such Memorial, and Names, with Refer-
also a like Index or Indexes of the Names of the several Parties to ences to Pageof Regis-
try Book.
Conveyanc es and other Deeds and Instrument s, and of Devisors and
Devisees in Wills, and of the Plaintiffs and Defendants in case of
Judgments, with accurate References in all such Indexes respectively
to the Number and Page of Registry of the Memorial to which any
Entry in such Index or Indexes shall relate.
In and
IX. And be it further enacted, That in case of Mortgages and gages of Mort-
caseJudgmen ts,
Judgments registered in pursuance of this Ordinance, if at any Time Land Officer to enter
Satisfaction
afterwards
8 COLONIAL ORDINANCES.
Satisfaction for same afterwards such verified Certificate as is hereinafter next mentioned
on receiving a verified
Certificate. shall be brought to the said Land Officer, signed by the respective
Mortgagers and Mortgagees, or Plaintiffs and Defendants, or their
Agents respectively, and attested by Two credible Witnesses, whereby
it shall appear that the whole of the Moneys due on any such Mort-
gage or Judgment have been fully paid, or that such Mortgage or
Judgment is otherwise satisfied, then the said Land Officer shall
make a short Entry or Memorandum thereof on the Memorial and on
the Margin of the Registry of such Mortgage or Judgment, and shall
afterwards carefully register the same Certificate in one of the
Registry Books of his Office, and the Land Officer shall make an
Entry thereof in his Index or Indexes, referring accurately to the
Page of Registry of such Certificate.
Form of Certificate. X. And be it further enacted, That every such Certificate shall
contain the following Particulars ; that is to say, in case of Judg-
ments, the Names and Additions of the Plaintiffs and Defendants, the
Time of Entering up or Recording the same, the Sum or Sums thereby
recovered, the Date or Dates of Payment or other Satisfaction of the
Amount bona fide due thereon ; and in case of Mortgages, the Names
and Additions of the Original Parties, the Date of the Instrument,
the Sum thereby secured, and the Time or Times of Payment or other
Satisfaction thereof; and every such Certificate shall be verified by
the Oath of some competent Person, that the same contains a just
and true Account of the several Particulars therein set forth, which
Oath shall be made and taken before the said Chief Magistrate, or
before any Justice of the Peace of the said Colony ; and on the back
of such verified Certificate the Land Officer shall immediately
indorse the Date when the same was received by him, and the
Name and Place of Abode of the Person verifying the same ; and
the said Certificate shall, after being so indorsed and entered as
aforesaid, be safely kept in his Office for future Reference when
required.
Wills and other In-
struments be XI. And be it further enacted, That it shall be lawful for any
sited in said Office for Person or Persons whatsoever, to deposit in the said Land Office for
safe Custody.
safe Custody, any Conveyance, Deed, Power of Attorney, or Instru-
ment in writing whatsoever, or his or her last Will and Testament,
of which Deeds, Wills, Conveyances, or other Instruments the said
Land Officer shall (first giving a Receipt for the same) immediately
make an Entry or Entries in a Book to be kept for that purpose, to
which Book he shall keep an accurate Alphabetical Index, having
reference therein as well to the Name of the Testator or Parties to
each such Deed or Instrument, as to the Person or Persons deposit-
ing the same ; and the said Land Officer shall carefully and securely
keep all such Deeds, Wills, or other Instruments in his said Office
until required by the Party or Parties depositing the same to deliver
To be wrapped
sealed Envelope. in a them back again : Provided that every such Will or Testament shall
be enclosed within a Cover or Envelope, sealed with the Seal of the
Testator or Testatrix, whose Name shall be endorsed by the Land
Officer on such Envelope or Cover : and every such Will shall remain
in the said Office until the Decease of the Testator or Testatrix ,
unless he or she shall previously require the same to be delivered
onTo whom
Death delivered back ; and upon the Death ofthe Testator or Testatrix, the said Land
of Testator.
Officer shall ( after examining such Will) deliver the same to the
Executor
6° & 7 ° VICTORIE.- No. 3 of 1844. 9
Executor first named therein, or to such other Person as shall be
duly authorized to receive the same.
on
XII. And be it further enacted, That if the said Land Officer, or offer for Neglect of
Officer
any other Person employed in the said Land-Office, shall wilfully Duty.
neglect or omit to Number , Register, or Enter, in manner hereinbefore
directed , any Memorial or Certificate delivered into the said Office, he
shall for every such Offence forfeit and be liable to pay to Her
Majesty, Her Heirs, and Successors, for the Public Purposes of the said
Colony, the Penalty or Sum of Five Hundred Dollars, and be further
liable in Damages to the Party injured to the Extent of the Loss or
Injury sustained : And if the said Land Officer, or any Clerk or Penalty for wilful
Person whatsoever, shall wilfully Destroy, Embezzle, or Secreté, or Alteration of any
Forge, Counterfeit, Raze, Deface, or Alter any Memorial, or any Part Registered Instrument.
thereof, or any Indorsement made thereon, or any Entry or Registry
thereof in any Book in the said Office, with Intent to Defraud or
injure any Person or Persons , such Land Officer , Clerk, or Person so
offending, shall be guilty of Felony, and being thereof duly convicted,
shall be liable to be Transported beyond Seas for any Term not less
than Seven Years, and not exceeding Fourteen Years.
XIII. And be it enacted, That all Corrections by Erasure, In- Correction to be ve-
rified by Signature of
terlineation, or otherwise, in any Memorial of the Registry of any Land Officer.
Document required to be registered by this Ordinance, shall be noted
and set forth at Length in Red Ink in the Margin of the Memorial
wherein they may be made, together with the Reasons for making the
same, and shall be attested and verified by the Signature of the Land
Officer for the Time being.
XIV. And be it further enacted, That the several Fees or Sums Fees to be taken by
Land Officer.
of Money mentioned in the List numbered (2) in the said Schedule
(and no higher or other Fees) shall be demanded and paid by and to
the said Land Officer for and in respect of the several Matters and
Things to be by him performed and done under or by virtue of this
Ordinance ; and the said Land Officer is hereby required to keep an
accurate Account of such Fees, and to pay over the same to the
Colonial Treasurer for the Public Purposes of the Colony of Hong-
kong.
HENRY POTTINGER,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 28th day of February, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
C SCHEDULE
10 COLONIAL ORDINANCES.
SCHEDULE TO WHICH THIS ORDINANCE REFERS .
(1.)
1. Date of Will or Instrument.
2. Nature and Object thereof.
3. Names and Additions of the Parties or Devisers or Devisees.
4. Names and Additions of the Witnesses thereto .
5. Description of the Land or Premises conveyed in or affected by the Deed or Will.
6. Name and Description of the Place where situate.
7. Consideration, and to whom and how paid.
8. Any other Particulars the case may require.
(2.)
1. For
registering every Assignment, Mortgage, or other Alienation, $5.00
2. For
registering every Will or Judgment, or receiving any verified Certificate, 1.00
3. For
receiving for safe custody any Deed, Will, or other Instrument, ... 5.00
4. every Search, ...
For 1.00
5. For
Certificate of Receipt of any Document, or Certifying a Copy thereof, and
every other Certificate, ... 5.00
6. For every Uncertified Copy of any Will, Deed, Memorial, or other Instrument,
per folio of Eighty Words, ... 0.25
I
બસ
DIEU C DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINÆ.
No. 7 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
Most Honourable of
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for removing Doubts respecting the Application to Title.
Hongkong of the Laws and Statutes ofEngland relating to Usury, and
to limit and define the Rate of Interest which may be recovered in Cases
where it hath not been previously agreed on between the Parties.
[20th March, 1844. ]
WHEREAS it is expedient to remove all Doubts respecting the Preamble.
Application to Hongkong of the Laws and Statutes of England
relating to Usury, and to limit and define the Rate of Interest for
the Forbearance of Money, which may be recovered in any Court of
Law or Equity, in Cases wherein the rate of Interest has not been
fixed by the Parties before the Court.
I. Be it therefore enacted and declared by His Excellency the land
Usury Laws
not to ofEng-
be in force
Governor of Hongkong, with the Advice of the Legislative Council in Hongkong.
thereof, That the Laws and Statutes of England relating to Usury
shall be deemed, taken, and adjudged not to extend to the said
Colony or its Dependencies, or to be in Force within the same.
II. And be it further enacted, That in all Cases where Interest perNot above Twelve
Cent to be allowed
for the Loan of Money, or upon any other Contract, may be lawfully in Cases before the
recovered, or allowed in any Action or Suit in any Court of Law or has been wherepreviously
no Rate
Equity, but where the Rate of such Interest hath not been previously agreed upon.
agreed upon by or between the Parties, it shall not be lawful for the
Party entitled to Interest to recover, or be allowed in any such
Action or Suit, above the rate of Twelve Dollars for the Interest or
Forbearance
12 COLONIAL ORDINANCES.
Forbearance of One Hundred Dollars for a Year, and so after that
Rate for a greater or lesser Sum, or for a longer or shorter Time :
Provided always, that it shall be lawful for the Court awarding such
Interest to allow such lower Rate thereof as the Circumstances of
the Case may render just and expedient.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 20th day of March, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
DIEN DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINÆ.
No. 8 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
Most
Major-General in the Service of the East India Company, Governor
and Commander-in -Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
trading to and from the Dominions of the Emperor of China, with
the Advice of the Legislative Council of Hongkong.
An Ordinance for prohibiting the Distillation of Spirits within Title.
the Colony of Hongkong.
[20th March, 1844. ]
WHEREAS it is expedient to Prohibit the Distillation of Spirits Preamble.
within the Colony of Hongkong :
I. Be it therefore enacted by His Excellency the Governor of Distillation of Spirits
Hongkong, with the Advice of the Legislative Council thereof, That prohibited.
from and after the passing of this Ordinance, all Distillation of Spirits
from Grain, Sugar, Molasses, Fruit, or any other Materials whatsoever,
and all Rectifying and Compounding thereof, within the Colony of
Hongkong and its Dependencies, shall be, and the same is hereby
prohibited.
II. And be it further enacted and ordained, That from and after No Person to keep
or use a Still, under a
the passing of this Ordinance, it shall not be lawful for any Person, Penalty of Two Thou
except as hereinafter is excepted, to have, keep, or make use of any Dollars.
sand Five Hundred
Still, or other Utensil or Vessel for Distilling Spirits, in any Place or
Part of the said Colony of Hongkong and its Dependencies, under a
Penalty of a Sum not exceeding Two Thousand Five Hundred
Dollars, to be recovered as herein directed .
III. And be it further enacted and ordained, That it shall and Apothecaries, Che-
mists, and Druggists
may be lawful for the Chief Magistrate of Police for the Time being, may have Stills of
D or Eight Gallons contents.
14 COLONIAL ORDINANCES.
or other Person to be appointed by the Governor for the Time being
for that purpose, to issue a License free of all Charge, to any
Apothecary, Chemist, or Druggist, applying for the same, to keep and
use on his Premises, a Still of not more than Eight Gallons contents,
for the Purposes of his Trade only : Provided that every Person
wishing to keep such Still shall notify his Intention so to do to the
said Chief Magistrate, or other Person appointed as aforesaid, who
shall thereupon require such Person to give a Bond, with Two suffi-
cient 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 bona fide for
Medical Purposes ; and every such Person found to have such Still,
without having entered into such Bond, and obtained such License,
shall forfeit and pay a Sum not exceeding Two Thousand Five
Hundred Dollars.
Justice of the Peace, IV. And be it further enacted and ordained, That it shall and
Officers of Customs ,
or other Person duly may be lawful for any Justice of the Peace, Officer of Customs, or
appointed, Distillation,
Private suspecting other Person duly and lawfully authorized, having reasonable
may enter House or Grounds to believe and suspect that any private and concealed Still,
Place and seize Still. or other Utensil or Vessel for the Distillation of Spirits, is set up or
kept in any House or Place within the said Colony or its Dependen-
cies, to enter into such House or Place in the Day Time, and
accompanied by a Peace Officer, to search for and seize any such Still,
Utensil, or Vessel, and also all Spirits, and other Materials preparing
for Distillation, and either to detain and keep the same in the House.
or Place where found, or to remove the same to the Customs, or
Police Office, or other Place in charge of the Officer of Customs, or
Chief Police Magistrate, or as they, or one of them, or any Justice of
the Peace shall direct ; and the said Still or Vessel, and all Spirits,
Such Still absolutely and other Materials being prepared for Distillation , shall be abso-
forfeited.
or Owner of House, or lutely forfeited ; and the Proprietor, or Owner, or Occupier of any
Person
Still,in&whose Cus- House or Place where any such private and concealed Still, Utensil,
c., is found,
tody
liable to Penalty of or Vessel, shall be so found and seized, or the Person or Persons in
Five Hundred Dollars. whose Custody the same shall be found, shall be liable to and pay the
Penalty or Sum of not exceeding Five Hundred Dollars, exclusive of
and in addition to any other Penalty he may be liable to ; and if any
Obstructing Justice Person shall obstruct, oppose, molest, or hinder such Justice of the
or other Officer.
Peace, Officer of Customs, or other Person aforesaid, in the due
searching for and seizing any such private and concealed Still or
other Vessel, Spirits, and other Materials for Distillation, or in
detaining, keeping, or removing the same, or any of them, after seizure,.
Penalty. then, and in every such case, every Person so offending shall forfeit
a Sum not exceeding Five Hundred Dollars.
Justice or Officer V. And be it further enacted and ordained, That in case any such
empowered to enter
such House or Place. Justice of the Peace, Officer of Customs, or other Person as aforesaid,
after having demanded Admittance into the House or Place where
such private and concealed Still, Utensil, or Vessel for the Distilla-
tion of Spirits, is reasonably suspected to be kept and used, shall not
And after demand be immediately and without the least Delay admitted into such
and not
break admitted, to House or Place, it shall and may be lawful for such Justice of the
therein.
Peace, Officer of Customs, or other Person as aforesaid, being accom-
panied by a Peace Officer, by force to break into and enter such
House or Place, and make search therein ; and every Person found in
such
7º VICTORIE.-No. 8 OF 1844. 15
such House or Place after Admittance demanded and refused, shall
for every such Offence forfeit and pay a Penalty not exceeding Five Penalty for Refusal.
Hundred Dollars.
VI. And be it further enacted and ordained, That all Fines, Recovery of Penal-
Penalties, and Forfeitures imposed, and accruing under this Ordi-
nance, shall be sued for and recovered in such Supreme Court of
Judicature as shall hereafter be erected in Hongkong, or by
Summary Proceedings to be had before the Chief Magistrate of Police,
or before any Two Justices of the said Colony of Hongkong.
VII. And be it further enacted and ordained, That all Fines, Fines, &c. , to be paid,
One-half to the Queen,
Penalties, and Forfeitures, which shall be levied and enforced under and One-half to the
this Ordinance, shall, after deducting the Charges of Prosecution from Witnesses, &c.
the Proceeds thereof, be divided, paid, and applied as follows : that
is to say, the Moiety, or One-half of the nett Proceeds thereof, shall
be paid to the said Chief Magistrate, for the Use of Her Majesty, Her
Heirs, and Successors, to be applied to the Public Uses of the said
Colony, and the other Moiety, or Half part thereof, shall be paid and
distributed to and among such Person or Persons who shall have
assisted in the Seizure of, or have given Information or Evidence
leading to the Conviction of the Offender or Offenders, in such
Portions as the said Court, Chief Magistrate, or Justice adjudicating
upon the Matter, shall in their Discretion think proper ; and any
Overplus of such last mentioned Moiety or Half part, shall be paid
to the said Chief Magistrate for the Purposes aforesaid.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 20th day of March, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
I
1
1
1
H
3
Q/EU DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINE.
No. 9 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
B the Most of
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to restrain all Persons within the Colony of Title.
Hongkong from Trading in the Empire of China to the Northward of
the Thirty-second Degree of North Latitude.
[ 10th April, 1844. ]
WHEREAS to secure the due Observance of the Treaties between Preamble.
the Empires of Great Britain and China, it is expedient to confine
the Trade of all Persons within the Colony of Hongkong, to the
Limits included by the Five Ports in China, provided by the said
Treaties for the same :
I. Be it therefore enacted by His Excellency the Governor of Trade to the North-
Hongkong, with the Advice of the Legislative Council thereof, That all ward
Secondof Degree
the Thirty-
of
Trade whatsoever, by any Person within the Colony of Hongkong, North Latitude to be
in, to, or from any Part of the Coast of China, to the Northward of unlawful.
the Thirty-second Degree of North Latitude, shall be, and is hereby
declared to be Unlawful.
II. And be it enacted, If any Person within the Colony offorbiddenConveyingLimits.
goods from
Hongkong shall Export or Carry, or Contract for Exporting or
Carrying, or shall Ship or Embark, or Contract for Shipping and
Embarking, from, to, or in the Limits aforesaid, any Treasure, Goods,
or Merchandise whatsoever ; or shall Fit out, Man, Navigate, Equip, for unlawful Trade.
Despatch, Use, Employ, Let, Take to Freight or on Hire, any Vessel ; or
so Contract, in order to Embark in the Trade hereby declared
Unlawful ; or shall knowingly and wilfully Lend and Advance, or
E become
18 COLONIAL ORDINANCES.
Lending Money to become Security for, or Contract for the Lending or becoming Secu-
be employed in unlaw-
ful Trade. rity for, the Loan of Money or Effects employed, or to employed in
such Trade as aforesaid ; or shall knowingly and wilfully become
Guaranteeing Agents. Guarantee or Security for, or Contract for Guaranteeing any Agent
employed, or to be employed, in conducting such Trade as aforesaid ;
Engaging in any or in any other manner Engage, or Contract to Engage, directly or
Trade. in unlawful indirectly, therein as a Partner, Agent, or otherwise ; or shall
Manner
Shipping goods, &c. knowingly and wilfully Ship, Trans-ship, Lade, Receive, or put on
board, or Contract for Shipping, Goods, Money, or Effects, to be
Navigating Ship. employed in such Trade as aforesaid ; or shall take the Charge of, or
Command, or Navigate, or Enter ; or Embark on board of any Vessel,
or Contract to do so, as Captain, Master, Mate, Surgeon, or Super-
cargo, knowing that the Vessel is employed, or intended to be
employed, in such unlawful Trade as aforesaid ; or shall knowingly
Insuring Ship. and wilfully Insure, or Contract for the Insuring, of any Property or
Effects whatsoever, employed, or intended to be employed, in such
Trade as aforesaid, then, and in every such Case, the Persons so
offending shall forfeit to Her Majesty, Her Heirs, and Successors, a
Penalties
Offences . for above Sum not exceeding Ten Thousand Dollars ; and in Default of Payment
of such Penalty, shall be liable to be Imprisoned for any Term not
exceeding Two Years.
Penalty on Seamen III. And be it enacted, If any Person shall enter and embark
on board
engaged in unlawful on board of any Ship or Vessel as Petty Officer, Seaman, Marine, or
Trade.
Servant, or in any other Capacity, knowing that the Vessel is actually
employed, or intended to be employed, in the Trade hereby declared
to be Unlawful, such Person so offending shall forfeit to Her Majesty,
her Heirs, and Successors, a Sum not exceeding Five Hundred
Dollars, and in Default of Payment, shall be liable to be Imprisoned,
with or without Hard Labour, for any Period not exceeding Three
Months.
Seamen giving In- IV. And be it enacted, That if any Person offending as a Petty
formation to be Indem-
nified and Rewarded. Officer, Seaman, Marine, or Servant, against any one of the Provisions
of this Ordinance, shall, within One Year after the Offence, give Infor-
mation on Oath before a competent Magistrate against any Person
whatsoever who shall have committed any Offence against this
Ordinance, and give Evidence on Oath against him before any
Magistrate or Court before whom such Offender shall be tried, or if
such Petty Officer, Seaman, Marine, or Servant, so Offending, shall
give Information, so that such Offender shall be convicted, then, and
in such case, such Informer shall receive such Part of any forfeit
Sum of Money as is hereinafter provided, and shall not be liable to
any of the Pains or Forfeitures provided by this Ordinance.
Superintendent of V. And be it enacted, That the Superintendent of the Trade of
Trade to control all Her Majesty's Subjects in China, and no other Person whatsoever,
Proceedings.
unless duly authorized by him, shall commence, institute, and
conduct all Proceedings for any Offence against this Ordinance, which
may be taken in Her Majesty's Courts in Hongkong.
Superintendent of VI. And be it enacted, That it shall be lawful for the Superin-
Majesty's Subjects in China, so long as
Trade
ties andtotoremit
reward In- tendent of the Trade of Her
Penal-
formers and others.
such Superintendent shall also be Governor of the Colony of Hong-
kong, but not otherwise, to remit, wholly or in part, any Penalty or
Forfeiture
7° VICTORIE.- No . 9 of 1844. 19
Forfeiture provided by this Ordinance, and to award a Part not
exceeding One Moiety of any Sum forfeited by any Offender convicted
under the Provisions of this Ordinance, to any Person who shall have
given such Information or Assistance as shall have led to the Convic-
tion of such Offender.
VII. And be it enacted, That it shall be lawful for the Com- Ship to be seized.
manders of any of Her Majesty's Ships, or any other Officers duly
authorized in that behalf, to seize and detain any Ship or Vessel
sailing under the British Flag, the Master whereof shall appear, on
sufficient Grounds, to such Commander or other Officer, to have
offended against the Provisions of this Ordinance : Provided always
that the said Commanders of Her Majesty's Ships and others shall
be specially instructed and authorized by the Superintendent of Trade
aforesaid so to do, and that nothing herein contained shall be
construed to give such Power as aforesaid, without the said special
Instructions and Authorization of the said Superintendent of Trade.
VIII. And be it further enacted, That all Ships or Vessels sailing Ship liable to be sold
in of Pe-
under the British Flag, which shall have been employed in any Way nalties, notwithstand-
so as to offend against the Provisions of this Ordinance, shall, ing any Transfer of
together with their Cargoes, be liable to be seized and sold, to satisfy Property therein.
any Penalty incurred by such Employment, and that all Bills of Sale,
Mortgages, and other Transfers of Property therein made, within
Three Months after such Vessel shall have been so unlawfully
employed, or within Three Months from the time of any Suit having
been commenced against the Owner or Master thereof, for any Offence
against this Ordinance, or made at any time whatsoever to the
Knowledge of the Purchaser with the View to evade the Recovery of
the Penalties herein provided, shall, as against the said Liability to
be sold for the Purposes aforesaid, be Void and of none Effect.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 10th day of April, 1844.
RICHARD BURGASS,
Clerk of the Legislative Council.
1
DIEU DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINÆ.
No. 10 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
Grand Cross of the Most Honourable Order of the Bath,
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
trading to and from the Dominions of the Emperor of China, with
the Advice of the Legislative Council of Hongkong.
An Ordinance to regulate Summary Proceedings before Justices of Title.
the Peace, and to protect Justices in the Excecution of their Office.
[ 10th April, 1844. ]
WHEREAS it is expedient and necessary to make Provision
for regulating and for securing Uniformity in Summary Proceedings
before Justices of the Peace, and to afford due Protection to Justices
in the Execution of their Office :
I. Be it therefore enacted by His Excellency the Governor of Proceedings before
Justices.
Hongkong, with the Advice of the Legislative Council thereof, That
from and after the passing and publication of this Ordinance, the
Provisions hereof shall extend to all Cases wherein, by any English
Law or Statute, or by any Ordinance enacted in this Colony, any
Proceeding shall have been, or shall be, or is by this Ordinance
directed to be had, or Matter authorized to be heard and determined,
by or before any Magistrate of Police, or before any Justice or Jus-
tices of the Peace for the Colony of Hongkong, or in a Summary
Way; and it shall be lawful for any One Justice to receive the dicate.
One Justice to adju-
Information or Complaint, and to issue the Summons or Warrant
requiring the Parties and Witnesses to appear before himself, or
before any Two or more Justices, as the case may require ; and upon
the Appearance of the Defendant, or his Contempt by not appearing,
after having been duly summoned in Manner hereinafter mentioned,
F and
22 COLONIAL ORDINANCES.
and after sufficient Time for his Appearance, and Proof thereof on
Oath to the Satisfaction of the Justice or Justices, as the Case may
be, such Justice, or any Two or more Justices, as the Case may
require, shall and may proceed to examine into, and hear and deter-
mine the Matter in a Summary Way, and examine upon Oath all
necessary Witnesses produced, and give his or their Judgment
thereon ; and in Case such Justice or Justices shall convict the
Defendant, and award against him or her any Fine or Pecuniary
Penalty, and he shall neglect to pay the same Fine or Penalty, together
with the Costs and Charges of and attending such Conviction , to be
assessed and ascertained by the said Justice or Justices, into the
Hands of the said convicting Justice, or One of the said convicting
Justices, in case there shall have been more than One, within One
Week next after such Conviction, (without any previous Demand of
such Penalty, ) or within such greater or lesser Time, or at such
Intervals as the said Justice or Justices shall at his or their Discre-
How Penalties to be tion determine,—then it shall be lawful for such Justice or Justices,
levied.
or either of them, or for any other Justice of the Peace, (at his or
their Discretion, ) to cause such Fine or Penalty, and Costs and
Charges, to be levied by Distress and Sale of the Goods and Chattels
of the Offender, the Overplus, if any, after deducting the Charges of
such Distress and Sale, to be rendered to the said Offender : Provided ,
that if upon the Return of the Officer charged with the Execution of
the said Distress, it shall appear that no sufficient Distress can be
found, or the Party adjudged to pay any Money shall at the Time of
the said Adjudication or Conviction declare, or it shall otherwise
appear that he has no Goods or Chattels on which the said Distress
can be levied, then the convicting Justice or Justices, or either of
Offender to be com- them, or any other Justice of the Peace, may by Warrant commit
mitted.
such Offender to one of Her Majesty's Gaols, with or without Hard
Labour, there to remain for a Time in Proportion to the Amount of
the Penalty inflicted, and not exceeding Six Months in the whole,
unless the said Sum to be levied, together with the Costs, shall be
sooner paid.
Service of Summons II. And be it further enacted, That in all Cases in which no
on Witnesses and
others. other Mode of Proceeding shall have been or shall be in that behalf
provided, the directing of any Summons to any Person whatsoever,
whether a Defendant, a Witness, or otherwise, in the Name or Names
by which he is or has been usually known, whether the same be the
real or the feigned or assumed Name of such Person, and the leaving
a Copy of such Summons at his last usual Place of Abode, or the
affixing a Copy thereof on one of the Doors, or some other conspi-
cuous Part on the outside of such Abode, ( such Service being proved
on the Oath of the Person so serving such Summons, and it being
also in like manner proved to the Satisfaction of the sitting Justice
or Justices at the Hearing of the Case, that the Person so serving
such Summons hath endeavoured to serve the same on the Party
without Effect, ) shall be deemed to be a Legal and Effectual Service
on such Party, as fully to all Intents and Purposes as if the same
Summons had been personally served on such Party, and as if the
same had been directed in his proper and real Name ; and that every
Summons may direct the Party to appear, either before the Justice
or Justices issuing the same, or before any one or more Justice or
Justices generally, as the Case may require, (without naming any
Justice :)
7° VICTORIE.- No. 10 OF 1844. 23
Justice :) Provided that such Summons shall direct the Party so to
appear at a Time and Place certain, to be named in such Summons.
III. And be it enacted, That the Justice or Justices before whom Evidence to be taken
down, and subscribed
any Person may be convicted in Manner aforesaid, shall take the by Witness andJustice.
Evidence upon Oath of the Witnesses both for and against the
Defendant, and also the Statement of the Defendant himself, and
shall put the same, or the material Parts thereof, into Writing, and
shall cause the said Witnesses and the said Defendant, to subscribe
such Depositions or Statement, and he or they shall also subscribe
the same, and return the same in the manner hereinafter directed.
IV. And be it enacted, That it shall and may be lawful for any Justice to issue War-
Justice of the Peace, when any Information shall be exhibited before rant for apprehension
of Defendant in certain
him, and in the Opinion of such Justice it shall be fit and proper so cases.
to do, to grant a Warrant under his Hand, directed to some Constable,
Peace-officer, or other proper Person, directing such Constable, Peace-
officer, or other proper Person, to take any Offender, against whom
such Information shall be laid, and to bring him before such Justice
or Justices ofthe Peace, as the case may require, at a Time and Place
to be named in such Warrant.
Offenders to be ap-
V. And be it enacted, That it shall be lawful for any Person
prehended, and con-
whatsoever, to require any Person , who shall commit in his presence veyed before a Justice
any Offence, which is or shall be punishable in a Summary Way, to of the Peace.
accompany him forthwith to the nearest Justice of the Peace, or to
tell his full Name and Place of Abode ; and in case such Person shall,
after being so required, offend by refusing to go before such Justice
of the Peace, or to tell his real Name and Place of Abode, or by giving
such a Description of his Place of Abode as shall be Illusory for the
Purpose of Discovery, it shall be lawful for the Party so requiring as
aforesaid, and also for any Person acting in his Aid, to apprehend
such Offender, and to convey him, or cause him to be conveyed, as
soon as conveniently may be, to the nearest Justice of the Peace, who
shall have full Power to require Security for the due Appearance of
such Person, and to commit him for Want thereof, or shall make such
Order therein as the Case may require : And any Person offending
against the Provisions of this Section (whether so apprehended or
not) shall, on Conviction thereof in a Summary Way before any
Justice of the Peace, forfeit and pay such Sum of Money, not exceed-
ing Fifty Dollars, as to the convicting Justice shall seem meet, in
Addition to any other Penalty he may have incurred : Provided
always, that no Person so apprehended shall, on any Pretence what-
soever, be detained for a longer Period than Twelve Hours ; and if he
cannot, on account of the Absence or Distance of the Residence of
any such Justice of the Peace, be brought before a Justice of the
Peace within the Time aforesaid, then the Person so apprehended
shall be discharged, but may nevertheless be proceeded against for
his Offence, by Summons or Warrant, as if no such Apprehension
had taken Place.
VI. And be it enacted, That every Justice of the Peace, before Justice to return
Convictions to Gene-
whom any Person shall be convicted in a Summary Manner, shall ral Quarter Sessions.
transmit such Conviction, with the Depositions and Examinations
hereinbefore directed to be taken, to the next Court of General
Sessions
24 COLONIAL ORDINANCES.
Sessions of Magistrates which shall be holden in the said Colony of
Hongkong, there to be kept by the proper Officer among the Records
of the said Court.
Certiorari to be al- VII . And whereas Doubts may arise as to the Application of
lowed
certain in all cases on divers Acts and Statutes of the Imperial Parliament of Great Britain ,
Conditions.
whereby the removal of Convictions, Orders, and other Proceedings,
had or made by or before Justices of the Peace is denied and taken
away : Be it enacted, That such Acts and Statutes aforesaid, as far
as they relate to the Non-removal of such Convictions, Orders, and
other Proceedings, shall be deemed and taken not to extend to this
Colony or its Dependencies, nor to be in Force within the same : Pro-
vided always, and be it enacted, that no Writ of Certiorari shall be
granted or allowed, to remove any Conviction, Judgment, or other
Proceeding had or made by any Court of General Sessions of Magis-
trates, or before any Justice or Justices of the Peace in a Summary
Manner, unless the Party or Parties prosecuting such Certiorari,
before the Allowance thereof, shall enter into a Recognizance, with
sufficient Sureties, before the convicting Justice or Justices, as the
Case may be, or before any Judge of such Supreme Court of Judica-
ture as may hereafter be erected at Hongkong, in the Sum of Two
Hundred Dollars, in Addition to the Pecuniary Penalty, (if any shall
have been inflicted, ) with Condition to prosecute such Certiorari at
his or their own Charges with Effect without any Delay, and to pay
the Party or Parties in whose Favour or for whose Benefit such
Judgment or Order was made, within One Week after such Judgment
or Order shall be confirmed, their full Costs and Charges, as between
Attorney and Client ; and in case the Party or Parties prosecuting
such Certiorari shall not forthwith enter into such Recognizance, or
shall not perform the Conditions aforesaid , it shall be lawful for the
said Justice or Justices to proceed and make such further Order for
the Benefit of the Party or Parties for whom such Judgment shall be
given, in such Manner as if no Certiorari had been granted ; nor shall
any Writ ofCertiorari be granted , issued forth, or allowed, unless it shall
be moved and applied for on Special Grounds, within One Month
next after such Conviction, Judgment, Order, or other Proceeding
shall be had or made, nor unless it shall be duly proved that the
Party or Parties suing forth the same hath or have given Four Days'
Notice thereof in Writing to the convicting Justice or Justices, or
any of them, containing the Ground of his or their Objections, to the
End that such Justice or Justices may shew Cause, if he or they
shall so think fit, against the issuing or granting of such Certiorari ;
and upon the return of such Certiorari, no Objections shall be taken
by the Party suing forth the same, other than such as shall be stated
in the said Notice.
Witnesses not ap-
VIII. And be it further enacted , That if any Person shall be
pearing.
summoned to appear as a Witness, to give Evidence before any such
Justice or Justices, touching any of the Matters aforesaid, and shall
neglect to appear at the Time and Place for that Purpose appointed,
without a reasonable Excuse for such Neglect, every such Person
shall, for every such Offence, forfeit and pay a Penalty of not more
than One Huudred Dollars, which said Penalty shall and may be
recovered by Proceeding before any one Justice of the Peace, who is
hereby authorized to Hear and Determine such Offence in a Summary
Way,
7° VICTORIE.- No 10 OF 1844. 25
Way, and shall be levied and distributed in the Manner by this
Ordinance provided for other Penalties.
IX. And be it further enacted, That in all Cases wherein any andPower to Appeal,
Manner thereof.
Person shall be convicted in any Penalty exceeding Fifty Dollars, or
shall be sentenced to undergo any Imprisonment exceeding One
Month, by any Summary Judgment or Conviction of any Justice or
Justices, under or by Virtue of any Statute or Ordinance, (and no
other Mode of Proceeding shall have been or shall be in that behalf
provided, ) that it shall be lawful for such Person to Appeal against
such Judgment or Conviction in the Manner hereinafter provided ;
that is to say, if such Person (in case a Pecuniary Penalty shall have
been awarded) shall pay into the Hands of the convicting Justice, or
one of the convicting Justices, Double the full Amount of such
Penalty, together with the assessed Costs and Charges, within One
Week next after such Conviction, or within such time, greater
or less, as the Convicting Justice or Justices shall determine,
or (in case no Pecuniary Penalty shall have been awarded) shall
forthwith enter into a Bond to Her Majesty, Her Heirs, and Successors,
in such reasonable Amount as the convicting Justice or Justices may
require, with Two sufficient Sureties, to be approved by such con-
victing Justice or Justices, conditioned to prosecute such Appeal with
Effect, and to abide the Event of the same Appeal, and to pay the
full Amount of all such Penalties and Costs as shall or may on such
Appeal be awarded against the appealing Party, then it shall
be lawful for such Person to Appeal from such Judgment or
Conviction to such General Sessions of Magistrates as may hereafter
be directed to be held from Time to Time in Hongkong, unless such
Sessions shall be held within Six Days next ensuing, and in that
Case to the General Sessions next but one afterwards : And the
Justices at such Sessions so assembled shall hear, and thereupon Justices to decide
finally determine the matter of every such Appeal in a Summary the matter de novo.
Way, and their Judgment thereon shall be final and conclusive to all
Intents and Purposes, (unless any Writ of Certiorari or Error shall
afterwards be allowed ; ) and such Justices at such Sessions so as-
sembled are, upon such Appeal, hereby authorized to decide upon the
matter de novo, and to award in a Summary Manner such greater or
lesser Imprisonment or Penalty than that appealed against, and such
Costs to be paid by either Party, or to make such other Orders therein
as shall appear just and expedient, and the Circumstances may
require.
X. And be it enacted, That the Person or Persons to whom such Depositions to be re-
turned with Certiorari.
Writ of Certiorari shall or may be directed shall, and he and they
are hereby directed, to return to the Supreme Court of Judicature
aforesaid, with the Conviction by such Writ ordered to be returned,
the Depositions and Examinations hereby ordered to be taken by
such convicting Justice or Justices ; and upon the hearing of such
Case it shall and may be lawful for the said Court to inspect and
examine such Depositions and Examinations, and to make such Order
thereon as the substantial Merits of the Case may require.
XI. And be it enacted, If the Justice or Justices, upon the hearing Party acquitted, or
of any Complaint in a Summary Manner, shall deem the Offence not convicted and Punish-
suffered the having
to have been proved, or to be of so trifling a Nature as not to merit ment awarded, to be
released
G any
26 COLONIAL ORDINANCES .
released from all fur- any Punishment, and shall accordingly dismiss such Complaint, he or
ther Proceedings for
the same cause. they shall forthwith make out a Certificate under his or their Hands,
stating the Fact of such Dismissal, and shall deliver the Certificate
to the Party against whom such Complaint was preferred ; and the
Party who shall have obtained such Certificate, or having been con-
victed of any Offence shall have paid the whole Amount adjudged to
have been paid under such Conviction, or shall have suffered such
other Punishment as may have been awarded therein, shall be
released from all further Proceedings, Civil or Criminal, for the same
Cause.
Form of Conviction. XII. And be it enacted, That in all Cases, except where a parti-
Defects of Form not to
vitiate any proceeding. cular Form of Judgment or Conviction shall have been or shall be
by any such Ordinance directed to be used in that behalf, a
Judgment or Conviction in the Form, or to the Effect of the Form,
(as the Case shall happen to be, ) prescribed by the Schedule to this
Ordinance annexed, shall be good, valid , and effectual, to all Intents
and Purposes whatsoever, without setting forth or stating in such
Conviction the Name of any Informer or Witness, or the particular
Place where the Offence was committed, or whether the Defendant
appeared, or was or was not summoned to appear, and without setting
forth or stating the Evidence or Facts in any further or more parti-
cular Manner than shall be necessary to shew that the Offence was
one against the true Intent and Meaning of the Law ; and no
Conviction, Warrant of Committal or Distress, or other Proceeding
whatsoever, (whether under this or any other Ordinance, and whether
a particular Form shall have been or shall be in that behalf directed
or not, ) shall be quashed in any Case, for any mere Error or Mistake
in any Name, or Date, or Title, or in any matter of Description only ;
and where any Distress shall be made for levying any Money,
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 Summons, Conviction , Warrant of
Distress, or other Proceedings relating thereto, nor shall the Party
distraining be deemed a Trespasser ab initio, on Account of any
Irregularity afterwards committed by him ; but the Person aggrieved
by such Irregularity may recover Satisfaction for the special Damage,
if any, by an Action on the Case ; and in all Cases whatsoever,
Regard shall be had alone to the substantial Merits and Justice of
the Case.
Protection of Jus- XIII. And for the Protection of Justices, and others acting under
tices.
their Authority, be it enacted, That all Actions and Prosecutions
to be commenced against any Justice, or Person acting under his
Authority, shall be commenced within Six Months after the Fact
committed, and not otherwise ; and Notice in Writing of such Action ,
and of the Cause thereof, shall be given to the Defendant One Month
at least before the Commencement of the Action ; and in any such
Action, the Defendant may plead the General Issue, and give any
Statute or Ordinance, and the Special Matter in Evidence, at any Trial
to be had thereupon ; and no Plaintiff shall recover in any such
Action, if Tender of sufficient Amends shall have been made before
such Action brought, or if a sufficient Sum of Money shall have been
paid into Court, after such Action brought, by or on behalf of the
Defendant ; and if a Verdict shall pass for the Defendant, or
the
7° VICTORIE.- No. 10 OF 1844.
27
the Plaintiff shall become Nonsuit, or discontinue any such
Action after Issue joined, or if, upon Demurrer or otherwise,
Judgment shall be given against the Plaintiff, the Defendant shall
recover his full Costs, as between Attorney and Client, and have the
like Remedy for the same as any Defendant hath by Law in other
Cases ; and though a Verdict shall be given for the Plaintiff in any
such Action, such Plaintff shall not have Costs against the Defendant,
unless the Judge before whom the (Trial shall be, shall certify his
Approbation of the Action, and of the Verdict obtained thereon.
XIV. And be it enacted, That no Action or Suit shall be brought tices.
Action against Jus-
or instituted against any Justice of the Peace, for or on Account of
any Conviction of any Person or Persons whatever, by reason of any
thing done, or commanded to be done, by such Justice, in or about the
levying of any Penalty, apprehending any Party, or for or about the
carrying of such Conviction into full Effect, except and unless the
Justice by or before whom such Conviction shall have been made,
shall have convicted such Person of some Offence not punishable on
Summary Conviction, by virtue of any Statute, Law, or Ordinance,
or unless such Justice shall have convicted such Person in some
Penalty, either Pecuniary or otherwise, not authorized to be imposed
on the Offence or Offences of which such Offender shall or may have
been Guilty, or unless it shall be expressly alleged in the Bill of
Complaint, Plaint, or Declaration in such Action, and proved on the
Trial of such Cause, that such Acts were done maliciously and without
probable Cause.
XV. And be it enacted, That no Action or Suit shall be brought secutor.
Action against Pro-
against any Person or Persons by whom, or on whose Account, any
Information shall have been laid or exhibited before any Justice of the
Peace, and by such Justice or Justices received, for or on account of
such Information, or for or on account of any Matter or Thing done
under or in Pursuance of such Information, unless it shall be
expressly alleged in the Bill of Complaint, Plaint, or Declaration of
such Action, and proved on the Trial of such Cause, that such Infor-
mation was laid and exhibited maliciously, and without probable
Cause.
XVI. And be it enacted, If any Question shall arise as to the Government Notifi-
cation sufficient Proof
Right of any Person to exercise the Office of a Justice of the Peace, of Right to exercise
that a Government Notification in any public Newspaper, to the Office Peace. of Justice of the
Effect that such Person has taken the Oaths as a Justice of the Peace,
shall (in the Absence of express Proof that such Notification was
unauthorized) be deemed and held sufficient Proof of such Right in
all Proceedings whatsoever, and it shall not be necessary to pro-
duce any Commission , Appointment, or any Oath, Affidavit, or other
Document, in Proof of such Right as aforesaid.
XVII. And be it enacted, That it shall be lawful for His Excel- Governor to autho-
rise Fees to be taken
lency the Governor in Council, to authorize the taking of such Fees, by Justice.
in any Proceedings before any Justice, as may be deemed expedient ;
and it shall be lawful for any Justice to refuse to do any Act for
which any Fee shall be demandable, unless such Fee shall be first
paid ; and that if any such Act shall be done, and the Fee due thereon
shall not be paid, it shall be lawful for any Justice of the Peace to
summon
28 COLONIAL ORDINANCES.
summon the Person from whom such Fee shall be due, and to proceed
to recover the same, in like manner as any Penalty recoverable by
Summary Proceedings.
Table of Fees to be XVIII. And be it enacted, That in some conspicuous Part of each
hung up in Public
Office. of the Public Offices of the Justices within the said Colony, there
shall be affixed a Table of the Fees which may legally be taken at
such Offices respectively.
Justice to account
XIX. And be it enacted, That the Justices at each of the Public
for and pay over Fees Offices within the said Colony, and their Clerks respectively, shall, in
and
Books to be provided for that Purpose, keep a fall, true, and parti-
cular Account of all Fees taken and received at each of the said
Offices, together with all Penalties and Forfeitures which shall
have been recovered, levied, or received in pursuance of any Adjudi-
cation, Conviction, or Order, had or made at any of the said Offices,
or any Process or Warrant, and shall be strictly accountable for such
Fees, Penalties, and Forfeitures, to Her Majesty, Her Heirs, and Suc-
cessors, and shall pay over the same to the Colonial Treasurer, from
Time to Time, as they may be required .
Distribution of Pe- XX. And be it further enacted, That in all Cases where, by any
nalties.
Ordinancé, à Pecuniary Penalty is or shall be imposed, the Amount
of every such Penalty, within the Limits prescribed, shall be in the
Discretion of the convicting Justice, and that every Penalty awarded
by such Justice, and declared to be payable to Her Majesty, Her Heirs,
and Successors, shall (except it shall be otherwise specially provided
by any Ordinance) be paid, -one Moiety thereof, and such other Part
thereof as shall not be adjudicated to be paid in the Manner herein-
after next mentioned, to the Use of Her Majesty, Her Heirs, and
Successors, for the public Uses of the Colony of Hongkong, and the
Support of the Government thereof; and the other Moiety, or such
Part thereof as shall be adjudged by the Justice convicting to the use
of the Informer, or Party prosecuting or complaining, or who shall
have suffered any Damage from the Act of the Offender, and such
Parties shall, if the convicting Justice shall so order, but not otherwise,
also be entitled to their Costs and Charges, over and above such
Penalty, to be ascertained and assessed as aforesaid .
Witnesses not to be
XXI. And be it enacted, That no Person shall, by reason of the
rendered Incompetent
by Interest. Application of any Penalty to his Use, or of his being otherwise inte-
rested in the Event of the Cause, directly or indirectly, be deemed to
be incompetent as a Witness before any Court of Justice or Justice
of the Peace, in any Proceeding whatsoever, whether Civil or
Criminal.
Justice to take Re- XXII. And be it enacted, That in shall Cases where any Com-
cognizance for Good
Behaviour. plaint shall be made against any Person, the Justice by or before
whom such Complaint shall be heard may, if he shall so think proper,
require the Party complained against, and whether such Party shall
be convicted or not on such Complaint, to enter into a Recognizance,
with Two sufficient Sureties for his Good Behaviour, for such Term ,
and in such Sum, as such Justice shall think proper, so as such Term
do not exceed Twelve Months, nor such Sum Two Hundred
Dollars.
XXIII .
7° VICTORIE.- No . 10 OF 1844. 29
XXIII. And be it enacted, That from and after the taking Effect Limitation of Pro-
secutions.
of this Ordinance, no Person shall be liable to be convicted by
any Justice in a Summary Manner as aforesaid, unless upon Infor-
mation laid and had before a Justice of the Peace authorized to receive
the same, within the Space of Six Calendar Months next after the
Commission of such Offence or Offences : Provided always, that
nothing herein contained shall extend to prevent any Person from
being indicted for any Offence, as if this Ordinance had not been
passed.
XXIV. And be it enacted, That the word Month, in this and all Interpretation of the
word Month.
other Ordinances, shall be deemed to mean a Calendar, and not a
Lunar Month.
XXV. And be it enacted, That in lieu of the Whole, or any Part of Chinese Offenders
to be punished accord-
any Penalty, provided by any Law, Statute, or Ordinance whatsoever, ing to Chinese Usage.
it shall be lawful for the Court, or Justice, before whom the Matter
shall be adjudicated upon, to Sentence any Offender, being a Native
of China, or a Native of Hongkong of Chinese Origin, to undergo
such Punishment, in Conformity with the Usages of China, as
has hitherto been usually inflicted on Natives of China, committing
Offences in this Colony.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 10th day of April, 1844.
RICHARD BURGASS,
Clerk ofthe Legislative Council.
SCHEDULE TO WHICH THIS ORDINANCE REFERS .
Form of Judgment or Conviction.
HONGKONG
Be it remembered, that on this Day of
184 (Name) of (Place) was duly convicted before me A. B. (or us A. B. & C. D.)
One (or Two or more, Case may be ) of Her Majesty's Justices of the Peace, upon an
Information in that behalf exhibited before (Name of the Justice or Justices ) on the
Day of
now last past, for that on the Day of 184
(state the Fact or Offence in respect of which the Judgment or Conviction is had) and I
(or we) do (ifthe Conviction is made for an Offence against any particular Statute or
Ordinance state it) award, order, and adjudge, that ( set forth the Adjucation, and if
awarding a Penalty, asfollows,) the said (Offender) do for such Offence (where necessary add
being his Second, or Third, or subsequent Offence, as the case may be) forfeit and pay the Sum
of
to be distributed as in manner following ; "that is to say," (describe the Mode of Distribu-
tion,) (or ifa Chinese Offender, describe the substituted Punishment) besides the Costs and
Charges of and attending this Conviction ( ifgiven) which said Costs and Charges, I (or
we] the said Justice [ or Justices, ] do hereby ascertain and assess at the Sum of
Given under my Hand and Seal, [or our Hands and Seals]
the Day and Year first above written.
H
t
DIEU DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINE.
No. 11 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
Grand Cross of the Most Honourable Order of the Bath,
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
trading to and from the Dominions of the Emperor of China, with
the Advice of the Legislative Council of Hongkong.
An Ordinance for Licensing Public Houses, and for Regulating Title.
the Retail of Fermented and Spirituous Liquors in the Colony of
Hongkong.
[ 1st May, 1844. ]
WHEREAS it is expedient to provided for the Licensing of Preamble.
Public Houses, and promoting Good Order therein, and for Regulating
the Retail of Fermented and Spirituous Liquors, and preventing the
Illicit Sale thereof in the Colony of Hongkong :
I. Be it therefore enacted by His Excellency the Governor of
Hongkong, with the Advice of the Legislative Council thereof, That
from and after the First Day of July now next ensuing, all Licenses
to sell Spirituous Liquors hitherto granted in the Colony of Hongkong
shall be null and void, and that if any Person shall, from and after
the said First Day of July, Sell or Dispose of by Retail, in any Quantity
less than Two Gallons, any Ale, Beer, or other Malt Liquor, or any
Wine, Cider, Ginger-Beer, Spruce-Beer, Brandy, Rum, or other Fer-
mented or Spirituous Liquor, in any House or Place within the
Colony of Hongkong or its Dependencies, or shall permit or suffer any
such Liquors as aforesaid to be sold or disposed of by retail as
aforesaid, by any other Person, in his or her House or other Place,
within the said Colony or its Dependencies, without having first
obtained a License in the Manner and Form hereinafter directed, every
such
32 COLONIAL ORDINANCES.
such Person shall forfeit, for every such First Offence, a Sum not
exceeding Two Hundred Dollars, and for every subsequent Offence a
Sum not exceeding Four Hundred Dollars, together with the Costs
of Prosecution, in every Case to be recovered in a Summary Manner,
as hereinafter provided ; and every such Person shall further, upon
Conviction of any such Offence, be rendered incapable of holding any
License to keep a Public House for the period of Three Years from the
Not to extend to Time of such Conviction : Provided always, that nothing in this Or-
Apothecaries.
dinance shall be deemed or taken to extend or apply to any Person
practising as an Apothecary or Druggist, who may administer or sell
any of the Liquors before mentioned as Medicines or for Medici-
nal Purposes.
Licenses to be valid II. And be it further enacted, That every License granted for
for One Year.
Selling and Retailing Liquors as aforesaid, under the Provisions of this
Ordinance, shall be valid for One Year from the granting of the Cer-
tificate hereinafter mentioned, and no longer.
Forms to be observ-
ed by III. And for the better preventing the granting Licences to unfit
ing for Persons
Licenses.apply or improper Persons, be it further enacted, That every Person desirous
of obtaining a License for keeping a Public House under the
Provisions of this Ordinance, or of obtaining the renewal of a License
before granted, shall, Ten Days before the Day on which his Appli-
cation is to be taken in Consideration , deliver to the Chief Magistrate
of Police a Notice in Writing of his or her Intention to apply
for such License, and that in every such Notice there shall be contained
a full Description of the House proposed to be licensed, with a
Statement of the Applicant's Trade or Calling and Situation in Life,
and whether Married or Unmarried, together with the Names, Resi-
dences, and Additions of his or her proposed Sureties ; and that every
Person giving such Notice shall in like Manner deliver, or cause to be
delivered, with such Notice, a Certificate signed by Three or more
known and respectable Housekeepers, residing within the said Colony
as aforesaid, in the Form prescribed in the Schedule hereunto annexed,
marked (A).
Chief Magistrate of IV. And be it enacted, That the Chief Magistrate of Police may
Police to grant Cer-
tificates. appoint, from Time to Time, as may be necessary, a Day for the
granting or transferring of Licenses, which shall be advertised in
a Public Newspaper at least One Month previously ; and the said
Chief Magistrate of Police, with the Assistance of such other Justices
of the Peace as may attend on any such Day at his Office in Victoria,
shall take into Consideration all Applications which shall have been
made for Licenses for the sale of Liquors in Hongkong and its
Dependencies ; and it shall be lawful for the said Chief Magistrate of
Police to grant to such Persons, after taking the required Recogni-
zances, Certificates in the Form contained in the Schedule hereunto
annexed marked ( B) for authorizing the granting of such License ; and
it shall be lawful for the said Chief Magistrate of Police to adjourn
the Consideration of all or any of the Applications then made to such
other Day or Days as the Chief Magistrate shall from Time to Time
deem expedient : Provided always, that in case of Disagreement
concerning the granting or withholding such Licenses, the Power of
granting or withholding the same shall be at the Time vested in the
said Chief Magistrate of Police, and that all Justices dissenting from
him
7° VICTORIE.-No. 11 OF 1844.
33
him may enter the Reasons of their Dissent in the Proceedings of
the Court, and the said Chief Magistrate shall submit them to the
Governor of Hongkong, and take his final Decision thereon.
V. And be it further enacted, That every Person applying for a Applicant to enter
into
License shall, before the Chief Magistrate of Police deliver to him or fore Certificate shall
her a Certificate as aforesaid to authorize the issue of such License, be granted.
enter into a Recognizance in the Form and with the Conditions con-
tained in the Schedule hereunto annexed marked (C,) with Two
Sureties in the Sum of Three Hundred Dollars each ; and all such
Recognizances, with their Conditions, shall be regulary recorded .
VI. And be it further enacted, That in case any Person desirous Proviso for Persons
prevented from ap-
of obtaining such Certificate for a License shall be hindered by pearing by Illness.
Sickness or Infirmity, or by any other reasonable Cause, from
attending in Person on any such Licensing Day, such Cause of
Absence being proved to the Satisfaction of the said Chief Magistrate
of Police, it shall be lawful for the said Chief Magistrate to certify in
favour of such Person, upon Three sufficient Sureties, to be approved
as aforesaid, entering into such Recognizance, each in the Sum of
Three Hundred Dollars, for Performance of the Conditions of the said
Recognizance.
VII. And be it further enacted , That every Certificate which shall edCertificate to beTrea-
with Colonial lodg-
be granted by the said Chief Magistrate, to authorize the issuing of a surer, who will grant
License as aforesaid, shall, after the passing of this Ordinance, be a License.
null and void, unless the same, and the Sum required to be paid for
such License, be lodged in the Office of the Colonial Treasurer, or in
such other Office as may hereafter be appointed by the said Governor
for that Purpose, within Fourteen Days after the Date of such Cer-
tificate ; and the said Colonial Treasurer, or other Officer who may
hereafter be appointed for that Purpose, shall, and he is hereby
authorized and required forthwith, after the Receipt of every such
Certificate, to issue a License in the Form contained in the
Schedule hereunto annexed marked ( D, ) and shall register the
ame in his Office, upon Payment being made to the said Colonial
Treasurer or other Officer of the Sum of Fifty Dollars for every such
License.
VIII. And be it further enacted , That it shall and may be lawful order
The Governor
Licenses may
for
to and for the Governor of the said Colony to allow and authorize the Houses not nearer
said Colonial Treasurer, or other Officer as aforesaid, to issue a than Two Miles to the
Town of Victoria.
License or Licenses to any Person duly qualified, who shall have
obtained the required Certificate from the said Chief Magistrate
hereinbefore directed, for any House within the said Colony, which
shall not be nearer than Two Miles to the Government House at
Victoria, upon the Payment of such Sum, not exceeding Fifty Dollars,
as, taking into Consideration the Situation of the House, shall
seem just and reasonable.
IX. And be it enacted, That it shall be lawful for the said Chief Chief Magistrate to
transfer Licenses.
Magistrate, at such Days hereinbefore mentioned, to Transfer the
License of any House, licensed as aforesaid, to the Appointee of the
Original Holder of such License, such Appointee giving the like Notice,
producing the like Certificates, and entering into the same Recogni-
I zances
34 COLONIAL ORDINANCES.
zances as the Original Party obtaining the same is, by this Ordinance,
bound to give, produce, and enter into.
Executors or Trus- X. And be it further enacted, That the Executor, or Administra-
teesamay
for hold License
certain Time. for, or the Trustees, in case of the Insolvency of any Person holding
a License under this Ordinance, shall be entitled to carry on the
Business of the House so licensed as aforesaid, without renewing the
said License, during Six Months (if the Licence shall have so long to
run) after the Decease or legally declared Insolvency of the Person
holding such License as aforesaid : Provided always, that the License
of such House shall be subject to the same Regulations as if it had
continued to be holden by the Person to whom the same was originally
granted, and that a new Recognizance be entered into by such Exe-
cutor, Administrator, or Trustees, according to the Provisions of this
Ordinance.
Persons desirous of XI. And be it further enacted, That in case any Person, having
Licenses to
other Premises to Me- duly obtained a License as aforesaid, shall, either from Necessity, by
morialize the Justices. Accident to the House in such License stated, or from any other
Cause, be desirous to remove his Business from the House expressed
in such License to any other House, then, upon Memorial from such
Person to the said Chief Magistrate, it shall and may be lawful for the
said Chief Magistrate, after such Person shall have entered into
a new Recognizance, to grant a Certificate, authorizing the Colonial
Treasurer for the said Colony, on Payment of the Sum of Five Dollars
to the said Treasurer, and Lodgment with him of the Original License,
to grant a new License, within Forty-eight Hours after Application,
for the Residue of the Term for which the Original License had been
granted, and for such House as shall be authorized and described in
such new Certificate : Provided that in such new License the said
Original License shall be briefly recited, and that the same had been,
as it is hereby required to be Cancelled, on the issuing of such new
License ; and provided also, that nothing herein contained shall be
deemed or construed to admit or sanction the Person to whom the said
Original License was granted, to retail any of the Liquors aforesaid
elsewhere than in the House or Place expressed in such New License.
Chief Magistrate to
transmit Lists of the XII. And be it further enacted, That the said Chief Magistrate
Certificates granted by shall transmit to the Colonial Treasurer for the Time being, within
him to the Colonial Ten Days after the granting of such Certificates as aforesaid, a List
Treasurer.
signed by him, the said Chief Magistrate, of all the Persons to whom
he shall have so granted Certificates, specifying the Situation and
Sign or Name of each House, and if not in Victoria, its Distance
therefrom , the Name of the Owner or Proprietor, whether before
licensed or not, and also the Names and Residences of the Sureties.
Publicans to have.
theirNames , &c. paint- XIII. And be it further enacted, That every Person who shall be
ed on their Premises. licensed to keep a Public House shall, and is hereby required, to have
his or her Name at length painted in legible letters at least Three Inches
long, with the Words " Licensed to Retail Wines and Spirituous
Liquors," constantly and permanently remaining, and plainly to be
seen and read, on some conspicuous Part of his or her House ; and
the said House shall also be provided with a proper Place of Accom-
modation for the Use of the Customers thereof, in order to prevent
Nuisances or Offences to Decency.
XIV.
7° VICTORIE.- No 11 OF 1844. 35
XIV. And be it further enacted, That if any Person not actually Unlicensed persons
holding a License shall keep up any Sign, Writing, Painting, or other keeping
to be up a Sign, &c.,
Mark, on or near to his House, which may imply, or give reasonable
Cause to believe, that such House or Premises is or are Licensed for
the Retail or Barter of such Liquors as aforesaid, or that such Liquors
are sold, served, or retailed therein, or shall offend against the
Provisions of the last Section, he shall, for every such Offence, forfeit
and pay a Sum not exceeding One Hundred Dollars, to be recovered
in a Summary Manner.
XV. And be it further enacted, That if any licensed Person Penalties and Dis-
abilities for Licensed
shall offend against the Tenor of his or her License, or shall in any Persons offending.
respect commit a Breach of any Condition of the Recognizance by him
or her entered into, he or she shall forfeit and pay, or become liable
to the several Penalties or Disabilities, to be recovered in a Summary
Manner, hereinafter mentioned ; that is to say, for the First Offence,
a Sum of not more than One Hundred Dollars, with Costs ; and for
the Second Offence, a Sum of not more than Two Hundred Dollars,
with Costs ; and for the Third or any subsequent Offence, it shall be
lawful for any one Justice, upon Complaint or Information of such
Third or Subsequent Offence, to issue a Summons requiring the Person
so complained of or informed against to appear at the next Court
of General Sessions of Magistrates to be holden in the said Colony, and
there to answer to the Matter of such Complaint or Information , and
any other Person or Persons to appear at such Sessions, and give
Evidence against such Licensed Person ; and the Justices of Peace at
such Sessions shall inquire in a Summary Manner into the Offence
charged in the said Complaint or Information, and if they find that
such Licensed Person hath committed the Offence against the Tenor
of his or her License or Recognizance in the said Complaint or Infor-
mation specified, and that such Licensed Person hath been Twice or
oftener previously convicted of Offences against the Tenor of his
or her License or Recognizance, it shall be lawful for the said Justices
at such Sessions to adjudge such Licensed Person Guilty of such Third
or Subsequent Offence, which Adjudication shall be final, and there-
upon the said Justices shall have Authority to punish the Party so
convicted by a Fine or Penalty of not less than Fifty Dollars, nor more
than Five Hundred Dollars, or (at the Discretion of the said Justices )
by declaring his or her Recognizance to be forfeited, and also (at their
Discretion) his or her License to be void, and such Recognizance
shall be forfeited, and such License from thenceforth to be void
accordingly, and the said Person whose License shall be declared void,
shall from thenceforth be incapable of receiving or holding any
License under this Ordinance for the Space of Three Years, to be
computed from the Date of such Adjudication.
XVI. Provided always, and be it further enacted, That no Recog- Recognizances not
to be forfeited until
nizance shall be declared forfeited, unless upon such Adjudication by the Third Conviction,
the said Court of General Sessions upon such Third or subsequent and to be Evidence of
being licensed.
Conviction ; and in every Proceeding under this Ordinance against a
Person as a licensed Publican, the Production of his or her Recogni-
zance shall be Evidence of his or her being such licensed Publican ;
and if such licensed Person so complained of or informed against for Publicans informed
such Third or subsequent Offence shall not appear at such next against not appearing.
General Sessions, pursuant to the Summons, it shall be lawful for the
Justices
36 COLONIAL ORDINANCES.
Justices in such Sessions assembled, on Proof of the Service of such
Summons, to inquire into and determine the Matter of the said
Complaint or Information, and in all Respects to proceed against any
Person so summoned and not appearing, in the same Manner as
if he or she had appeared.
Debts for Spirits not XVII. And be it further enacted, That no licensed Person shall
recoverable unless con-
tracted for at one Time. maintain any Action for, or recover any Debt or Demand on account
of Spirituous Liquors, unless such Debt shall bona fide have been
contracted at one Time to the Amount of Five Dollars or upwards,
nor shall any Item in any Account for Spirituous Liquors be allowed
where the Liquors bona fide delivered at one Time shall not amount
to the full Sum of Five Dollars, nor any Amount of Debt whatsoever
incurred by any Seaman or Soldier in Her Majesty's Service for
Not to prevent Inn- Spirituous Liquors : Provided always, that nothing herein contained
keepers having Ac- shall extend to prevent Innkeepers from keeping an Account with
counts with Lodgers. Lodgers and Travellers, in which any Charge for Spirits may be
included, and recovering the Amount thereof in a Court of Justice.
Publicans shall sell
XVIII. And be it further enacted , That if the Keeper or Occupier
Liquors for Money
only. of any Public House licensed as aforesaid , shall take or receive from
any Person whomsoever in Payment, or in Pledge for Liquor, or for
any Entertainment whatsoever, supplied in or out of his or her House
or Premises, any Article of Clothing or Slops, or any Tool or
other Article or Thing excepting Metallic Money, then such Occupier
or Possessor of a Public House so offending shall, upon Conviction,
forfeit and pay a Sum not exceeding One Hundred Dollars, indepen-
dently of any such Fine or Punishment as may attach to so doing
under any Statute or Ordinance now or hereafter to be in Force
within the said Colony.
Liquors in quanti- XIX. And be it further enacted, That every Keeper of a Licensed
ties above Half-a- Pint
to be sold according to House shall sell or otherwise dispose of all Liquors by Retail (except
the Standard Measure. in Quantities less than a Half Pint) by the Gallon, Quart, Pint, or
Half Pint, of full Imperial Measure, according to the Standard which
is by law established in England, and shall also, if required by any
Guest or Customer purchasing such Liquor, retail the same in a
Vessel sized according to such Standard, and in Default thereof he
shall for every such Offence forfeit the Illegal Measure, and pay a Sum
not exceeding Fifty Dollars, in a Summary Way.
Strangers' Goods in XX. And be it further declared and enacted, That every House
for Houses
licensed
liable not licensed as herein provided, shall be considered as a Common Inn, and
Rent, or any
other Claim against no Goods or Chattles whatsoever, bona fide the Property of any
such Houses.
Stranger or Strangers, and being in such licensed House, or the
Appurtenances thereof, or any Place used and occupied therewith, in
the ordinary Course of Resort at such licensed House, shall be subject
to be Distrained or Seized for or in respect of any Claim of Rent for
such licensed House or Appurtenances, or in respect of any other
Claim soever against the said House or Appurtenances, or the
Owner thereof ; and if any such Goods or Chattels shall be distrained
or seized for Rent, or in any other manner, contrary to the Provisions
of this Ordinance, it shall be lawful for any Magistrate of Police, or
any Two Justices of the Peace, to inquire into any Complaint made
in respect of such Distress or Seizure in a Summary Manner, and to
order
7° VICTORIE.-No. 11 OF 1844. 37
order such Goods and Chattels to be restored to the Owner or
Proprietor thereof, and further to award such reasonable Costs as shall
be incurred by such Summary Proceeding, and such Costs to levy by
Distress and Sale of the Goods or Effects of the Person or Persons
distraining or seizing such Goods or Chattels as aforesaid.
XXI. And be it further enacted, That it shall be lawful for any Justices, or Con-
stables may
Justice of the Peace, or any Constable generally authorized by a enter Public Houses
Justice of the Peace in that behalf, to demand Entrance into any at all Times.
licensed Public House, or the Appurtenances thereof, at any Time, by
Day or Night ; and if Admittance be delayed for such a Time as shall
make it appear to any such Justice or Justices that wilful Delay was
intended, it shall be lawful for such Justice or Justices to summon the
Person so offending before the next Court of General Sessions for the
District, and, upon Conviction before such Court of General Sessions,
the License of the Party so offending shall be forfeited, any thing
hereinbefore contained to the contrary notwithstanding ; and no
License shall again be granted for the space of Three Years from the
Date of such Conviction, to any Person who shall be so convicted of
refusing or wilfully delaying Admittance ; Provided always, that if
such Admittance be refused or wilfully delayed, it shall be lawful for
such Justice or Constable to break into such Public House with his
Assistants, to serve Process , or for any other lawful Purpose.
XXII. And be it further enacted, That if any licensed Person Penalty for Pub-
shall abandon the Occupation of his or her licensed House as his or Occupation
licans abandoning the
or Ma-
her usual Place of Residence, and permit any Person whatsoever to nagement of their
Houses.
manage, superintend, or conduct the Business of such House, or shall,
whether residing in the said House or not, permit any unlicensed
Person to become virtually or in effect the Keeper thereof, then, or in
either of the said cases, upon Proof of the fact to the Satisfaction of
any Two or more Justices of the Peace, the License of such House
for the Current Year shall become and be absolutely void, any thing
hereinbefore contained to the contrary notwithstanding.
XXIII. And be it further enacted, That if any licensed Person Or employing un-
Person to
shall employ any unlicensed Person to sell or dispose of by retail as tail Liquors out of
aforesaid, any such Liquors as aforesaid in any House, or in any Cart, their Houses, or dis-
Dray, or other Carriage, or in any Vessel or Boat, or in any Place posing ofthem for that
Purpose.
whatever out of the licensed House of such licensed Person ; or if any
licensed Person shall sell, barter, or lend to any unlicensed Person
any such Liquors as aforesaid, with the Knowledge or upon the
Understanding that such Liquors are to be sold, retailed, or bartered
by such unlicensed Person, contrary to the true Intent and Meaning
of this Ordinance, every such licensed Person shall, upon Conviction
thereof in a Summary Manner, forfeit and pay for every such Offence
a Sum not exceeding Two Hundred Dollars.
XXIV. And be it further enacted, That no Ale, Beer, Wine, retailedwherea Retail
Cider, Ginger-beer, Spruce-beer, Brandy, Rum , or any other Fer- Shop is kept.
mented or Spirituous Liquors, shall be sold or disposed of by Retail
in any Quantity less than Two Gallons, in any House or Place in or
on which a Retail Shop for the Sale of other Articles is kept ; and if
any Person shall sell or dispose of by Retail any such Liquors
as aforesaid in such House or Shop, or shall supply or deliver any such
K
Liquors
38 COLONIAL ORDINANCES.
Liquors to any Person coming to such House or Shop, under the
Pretence of such last mentioned Person being a Customer, or under
any other Pretence whatsoever, every such Person so offending shall,
upon Conviction thereof in a Summary Manner, be subject to the
same Penalty as if he or she had been convicted of Selling any such
Liquor as aforesaid by Retail without a License, contrary to the
Provisions of this Ordinance.
Persons selling Two XXV. And be it further enacted, That if any unlicensed Person
Gallons of Liquor with shall sell or deliver any such Liquors in a Quantity exceeding Two
an Understanding that
Part shall be returned. Gallons, with an Understanding that Part thereof shall be returned,
so that after such Part shall have been returned, the Quantity
actually sold or delivered shall be under Two Gallons, then and in each
of such Cases such Retail Shopkeeper, Dealer, or Person, shall, upon
Penalty. being convicted of any such Offence, be subject to the same Penalty
as if he or she had been convicted of selling any such Liquors as
aforesaid by Retail without a License, contrary to the Provisions of
this Ordinance.
Liquors hawked XXVI. And be it further enacted, That it shall and may be
about to be
condemned. seized and lawful for any Justice of the Peace, Constable, or other Peace Officer,
to seize and take away or destroy, or caused to be seized, taken
away, or destroyed, all such Spirituous or other Liquors as afore-
said as shall be Hawked about or exposed to Sale in any Street,
Road, Footpath, or any other Place whatever, or in any Booth, Tent,
Stall, or Shed, or in any Boat or Vessel, by any Person not licensed to
sell the same in such Place, and the Vessels containing the same, and
all Vessels and Utensils used for Drinking or Measuring the same,
and any Cart, Dray, or other Carriage, and any Horse or Horses, or
other Animal or Animals, employed in drawing or carrying the same,
as well as any Boat or Vessel used in the Conveyance of such Liquors
as aforesaid ; and it shall be lawful for any one or more Justice
or Justices of the Peace, on his or their own View, or on Confession
of the Party, or by Proof of such Offence by the Oath of one or more
credible Witness or Witnesses, to convict any Person so offending of
selling Spirits without a License, and to adjudge him, her, or them
liable to all the Penalties imposed by this Ordinance for such Offence ;
and to cause such Liquors, Vessels, and Utensils containing the
same, and any Cart, Dray, or other Carriage, Horse or Horses, or other
Animal or Animals, and any Boat or Vessel used in conveying the
same, to be sold, and the Proceeds thereof, after deducting the
Expenses of Sale, shall be paid, One Moiety to the use of the Queen,
and the other Moiety to the Person or Persons who may in any such
case first Seize, Inform, or Prosecute.
If it be suspected XXVII. And be it further enacted, That upon Information on
that Liquors are retail-
ed in any unlicensed Oath being made before any Justice of the Peace, by any Constable or
House, they may be creditable Person, that he or she doth verily suspect and believe that
seized, and if, after Ex-
amination, it shall so any such Liquor or Liquors as aforesaid is, or are, or have been Sold
appear, they shall be or Retailed in any particular unlicensed House, or other unlicensed
Place, and such other Constable or other Person shall in such Infor-
mation set forth and shew reasonable Grounds for such Belief and
Suspicion, then and in such Case it shall be lawful for such Justice, in
his Discretion, to grant his Warrant to any Constable to enter
and search any such House or other Place by Day, and such Con-
stable
7° VICTORIE.- No 11 OF 1844. 39
stable may break open the Doors, if not opened within a reasonable
Time after Demand, and seize all such Fermented and Spirituous
Liquors as aforesaid as he shall then and there find, and the Vessel
or Vessels in which such Liquors shall be contained, and shall and may
detain the same until the Owner thereof shall appear before any
Magistrate of Police, or before Two or more Justices of the Peace, to
claim such Liquors, and shall satisfy said Magistrate or Justices how
and for what Purpose he became possessed of the same ; and if
it shall appear to the said Magistrate or Justices, after due Enquiry
and Examination, that such Liquors were in the said House or other
Place for the Purpose of being illegally sold or disposed of by Retail,
then such Magistrate or Justices shall adjudge the said Liquors, and
Vessel or Vessels, to be condemned and forfeited, and the same shall
and may be sold, and the Proceeds thereof, after Payment of such
Costs as may be assessed and awarded by such Justices, shall
be applied and distributed in equal Moieties to the use of Her Majesty,
and to or amongst the Party or Parties so informing ; but if otherwise,
then such Liquors, and Vessel or Vessels, shall be forthwith restored
to the proper Owner.
XXVIII. And in order to remove any Doubts which may arise dence What ofdeemed Evi-
Retailing
as to what may constitute or establish a selling or disposing by Retail without a Licence.
of Liquors, contrary to the true Intent and Meaning of this Ordi-
nance : Be it further enacted, That the Delivery of any such Spirituous
or other Liquors as aforesaid, in any Quantity less than Two Gallons,
shall be deemed and taken to be good and sufficient prima facie
Evidence of Money or other Consideration being given for the same,
so as to support a Conviction for retailing Liquors contrary to this
Ordinance, unless Proof shall be made to the contrary to the Satis-
faction of the Magistrate, Justice, or Justices, hearing the Case.
XXIX. And be it further enacted, That in all Proceedings what- ProofIn Proceedings, the
of being licensed
soever against any Person for Retailing, or permitting or suffering to to lie with the Party
be Retailed, any such Liquors without a License, such Person shall, charged.
for all Purposes connected with those Proceedings, be deemed
and taken to be unlicensed, unless he or she shall, at the hearing of
the Case, produce his or her License before, and exhibit the same to
the sitting Justices, or shall then and there produce other satisfac-
tory Proof of his or her being a licensed Person ; and every licensed Publicans to pro-
duce their Licenses to
Person as aforesaid shall, on Demand, at his or her licensed House, Justices on demand.
produce his or her License to any Justice of the Peace, or any Con-
stable authorized by any Justice, by any Writing under his Hand in
that behalf ; and if any such licensed Person shall refuse or neglect
so to produce his or her License, he or she shall forfeit and pay for
every such Refusal or Neglect, a Sum not exceeding Fifty Dollars, to
be recovered in a Summary Manner.
XXX. And be it further enacted, That if any Person be convicted Disorderly Houses
may be searched for
of keeping a Disorderly House, or of unlawfully Retailing any such Six Months after Con-
Liquors as aforesaid, the House and Premises of such Person, and the viction.
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
Constable or Constables, or other Peace-Officer or Officers, with or
without Warrant, for Six Months next after such Conviction, provided
that
40 COLONIAL ORDINANCES.
that the same or any Part thereof shall be occupied by the Party or
Parties so convicted, and all such Liquors as aforesaid as at any Time
within the said Six Months shall be found in any such House,
Lodging, Shop, Courtyard, or Premises, shall and may be seized, and
forthwith removed and disposed of in the manner hereinbefore
directed for the Disposal of such Liquors seized in an unlicensed
House.
Persons Drinking in XXXI. And be it further enacted, That whenever any Justice of
unlicensed houses to
be apprehended . the Peace, or any Chief or other Constable, shall find any Person
drinking in any House, Shop, Storehouse, or other Building, or any
Booth, Shed, or Hut, Tent, Stall, or Place in which or where any Ale,
Beer, Wine, Cider, Ginger-beer, Spruce-beer, Brandy, Rum, or other
Fermented or Spirituous Liquors, shall be sold or disposed of by
Retail, and the License for such Sale shall not on Demand be produced
to such Justice or Constable, it shall and may be lawful for such
Justice of the Peace or Constable to apprehend all such Persons so
found drinking there, and every such Person so found drinking shall,
upon the View of such Justice, or upon Conviction before any Justice
of the Peace, forfeit and pay for every such Offence a Sum not exceed-
ing Twenty Dollars, to be recovered in a Summary Manner, unless such
Person shall inform against such unlicensed Person, or voluntarily
become a Witness against him or her, in respect of such Act of Selling
and Retailing.
Payment of Wages XXXII. And be it further enacted, That any Master or other
where Liquors
sold. are Person employing Journeymen, Workmen, Servants, or Labourers,
who shall pay or cause any Payment to be made to any such
Journeyman, Workman, or Labourer in or at any House in which any
of the Liquors as aforesaid shall be sold by Retail, shall forfeit and
pay for every such Offence a Sum not exceeding Fifty Dollars, to be
recovered in a Summary Manner. And be it enacted, That Fines
Recovery of
and Penalties. Fines and Penalties herein mentioned shall (except where it is otherwise
specially provided ) be recovered before any Magistrate of Police sitting
singly, or any Two or more Justices of the Peace, in the Manner
provided by Ordinance No. 10 of 1844, entitled An Ordinance to regu-
late Summary Proceedings before Justices of the Peace, and to protect
Justices in the Execution of their Duty.
As to Licenses not
completed or issued XXXIII. And be it further enacted, That until the said First
before Commencement Day of July, every License hitherto issued in Hongkong shall be
of this Ordinance.
deemed and taken to have issued, and shall have the same Force and
Effect as any such License issued under this Ordinance ; and all
and every Person, Place, Matter, or Thing, shall, in respect of or in
Relation to every such License, be subject and liable to such and the
like Laws, Rules, Regulations, Provisos, Conditions, Powers, Juris-
dictions, Fines, Forfeitures, Penalties, and Proceedings, as hereinbefore
provided with respect to Licenses issued, and all other Things directed
in respect thereof, and by virtue of this present Ordinance.
HENRY POTTINGER,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 1st day of May, 1844.
RICHARD BURGASS,
Clerk ofthe Legislative Council.
7° VICTORIÆ.- No. 11 OF 1844. 41
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
(A.)
Form of Application for a License to keep an Inn or Public-house, with
Certificate of Character.
TO THE HONOURABLE THE CHIEF MAGISTRATE OF POLICE OF HONGKONG.
I, A. B., (state the Trade or Occupation ) now residing at in the
Colony of Hongkong, do hereby give Notice that it is my Intention to apply at the next
Licensing Meeting to for
a License to sell and retail Ale, Beer, and other Malt Liquors, or Wine, Cider, Ginger-
beer, Spruce-beer, Brandy, Rum, or other Fermented or Spirituous Liquors in the House,
and Appurtenances thereunto belonging, situated at (here describe the House purposed to
be licensed, specifying the Situation of it, the Person of whom rented, the present Occupier,
whether now licensed, and if so, under what Sign ) and which I intend to keep as an Inn
or Public-house.
I am (Married or Unmarried as the case may be :) and I have held License (if
before licensed state, how many Years :) I further
give Notice that I propose C. D. of and E. F. of
as my Sureties to enter with me into the required recognizance.
Given under my Hand this day of 184
We the undersigned Householders residing within the Town of
do hereby certify that the above A. B. of
is a Person of Good Fame and Reputation, and fit and proper to be licensed to keep an
Inn or Public-house.
Witness our Hands, this day of 184
1.
2.
3.
(B.)
Form of Certificate by the Chief Magistrate to authorize the granting of a License.
HONGKONG.
At the Licensing Meeting (or an Adjournment of the Licensing Meeting or Sessions)
holden at on the Day of
in the Year One Thousand Eight Hundred and Forty-
for the purpose of considering Applications made to me for Licenses
to keep Public-houses, in pursuance of an Ordinance of the Governor and Council intituled,
" An Act for Licensing Public-houses, and Regulating the Retail of Fermented and
Spirituous Liquors in Hongkong," I do
hereby authorize the Colonial Treasurer
to issue a License to A. B. of to keep an Inn or Public-house
at the Sign of situated in for the Year commencing
on the Day of and I do hereby certify that I am satisfied
the said A. B. is a person of Good Fame and Reputation, and is fit and proper to keep
any Inn or Public-house ; and also that I have taken from the said A. B. and his Sureties
C. D. of and E. F. of a
Recognizance in the Sum of each, according to the Form prescribed
by the said Ordinance of the Governor and Council.
Given under my Hand and Seal on the Day of
and at the Place first above written.
L (C.)
42 COLON ORDIN .
IAL ANCES
(C.)
Form of Recognizance.
Hongkong
to wit
Be it remembered, that on the Day of 184 .
A. B. of C. D. of and E. F. of came
personally before me
Chief Magistrate of Police in the Colony of Hongkong, and acknowledged themselves
to owe to Our Lady the Queen, to wit the said A. B. the Sum of
the said C. D. the Sum of and the said
E. F. the Sum of 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 any of the Conditions hereunder written :-
The Conditions of this Recognizance are such, that whereas the said A. B. is to be
licensed to keep a Common Inn, Ale-house, or Victualling-house, and to sell Ale, Beer,
and other Malt Liquors, and Wine, Cider, Ginger-beer, Spruce-beer, Brandy, Rum, and
other Fermented and Spirituous Liquors, in the House wherein he (or she) now dwells (or
is about to dwell, ) being the Sign of
situate at in for Twelve Months ,
commencing on the Day of One Thousand Eight
hundred and forty- if the said A. B. do keep the Law in selling Ale,
Beer, and other such Liquors as aforesaid, in his (or her ) said House, or Appurtenances
thereunto belonging, and do not permit any Person to become Drunk, or supply, or
permit such Liquor as aforesaid to be supplied or given to any Person in a state of Intoxi-
cation, or permit such Person ( not being an Inmate thereof ) to remain in his (or her)
House or Premises ; and do not permit any Person to play at Cards, Dice, or any other
Game of Chance in his ( or her) House or Premises ; or to commit any Disorder therein,
or to remain in or upon the same Tippling or Drinking after the hour of at Night,
or on Sunday at any Hour, always excepting moderate Refreshment to Persons who
may be bona fide travelling, or who may be Inmates of the House ; nor suffer any
Disorder to be committed in his ( or her) House or Premises ; nor refuse to admit a
Magistrate or Constable into any part of the said House or Premises at any Hour ; and
do maintain Good Order and Rule therein, then the said Recognizance to be void, otherwise
to remain in full Force.
Taken and acknowledged the Day and Year above written before me.
L. S.
(D.)
Form of License.
Hongkong
to wit
Whereas A. B. of hath deposited in this Office a Certificate
from the Chief Magistrate of Police dated the
Day of in the Year
of our Lord One Thousand Eight Hundred and Forty- authorising a
License to be issued to the said A. B. to keep an Inn or Public-house at the
Sign of situated at and stating that the said
Chief Magistrate of Police has taken from the said A. B. and two Sureties a Recognizance
in the Sum of each, as required by Law ; and whereas
the said A. B. hath paid into my Office the Sum of
as the Duty on such License ; now I, the Colonial Treasurer of the Colony of Hongkong,
in virtue of the Powers vested in me by Ordinance No. 11 of 1844 of the Governor
and Council do hereby license, authorize, and empower the said A. B.
to keep a common Inn, Ale-house, or Victualling-house, and to sell and retail in the House
in which he ( or she) now dwelleth ( or is about to dwell, ) being the Sign of
situate at and in the Appurtenances thereunto belonging, but not elsewhere,
all Beer and other Malt Liquors, or Wine, Cider, Ginger-beer, Spruce-beer, Brandy,
Rum, or other Fermented or Spirituous Liquors, and this License shall continue in force
from the said Day of until the Day of
next ensuing, both Days inclusive, and no longer ; and also provided it be not
forfeited in the meantime, according to the Provisions of the aforesaid ´Ordinance of the
Governor and Council.
Given under my Hand and Seal at Victoria, this Day of
One Thousand Eight Hundred and Forty-
N. O. L. S.
Colonial Treasurer.
Registered, P. Q.
DIEU DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIE REGINÆ.
No. 12 of 1844.
Y His Excellency SIR HENRY POTTINGER, Baronet, Knight
the Most Honourable of
Major-General in the Service of the East India Company, Governor
and Commander-in-Chief of the Colony of Hongkong and its Depen-
dencies, and Superintendent of the Trade of Her Majesty's Subjects
trading to and from the Dominions of the Emperor of China, with
the Advice of the Legislative Council of Hongkong.
An Ordinance for the Establishment and Regulation of a Police Title.
Force in the Colony of Hongkong.
[1st May, 1844. ]
WHEREAS it is expedient that Provision should be made for Preamble.
establishing an effective System of Police within the Colony of
Hongkong :
I. Be it enacted, That it shall and may be lawful for his Excel- Governor to appoint
Chief, Marine, and
lency the Governor of Hongkong to nominate and appoint a proper Assistant Magistrates,
Person to be Chief Magistrate of Police throughout the Colony of Police,
and Superintendent
&c. of
Hongkong, who shall reside in the Town of Victoria, and shall be
charged and invested with the general Direction and Superintendence
of the Force to be established under this Ordinance, and to appoint,
from time to time, fit and proper Persons to be respectively Marine
and Assistant Magistrates, and Superintendents of Police under the
said Chief Magistrate, and proper Persons to be Clerks in the Office of
such Chief Magistrate ; and every such Marine and Assistant Magis-
trates, and Superintendent of Police, shall, on his Appointment to
Oaths to be taken.
such Office, forthwith take, before any two Justices of the Peace at
Hongkong, the Oaths required to be taken by Justices of the Peace in
Hongkong aforesaid, and also the Oath hereinafter contained, and shall
thereupon become and be, without further Qualification or Appoint-
ment, and continue so long as they shall hold the said Offices, but no
longer, Justices of the Peace for the Colony of Hongkong :-
" I,
44 COLONIAL ORDINANCES .
Oath. 66
I, do swear that I will well and truly
" serve our Sovereign Lady the Queen in the Office of Chief, or
66
Assistant, or Marine Magistrate, or Superintendent of Police , (as the
66
Case may be) without Favour or Affection, Malice or Ill-will ; that
" I will see and cause Her Majesty's Peace to be kept and preserved ;
" and that I will prevent, to the best of my Power, all Offences
" against the same ; and that while I shall continue to hold the said
" Office, I will, to the best of my Skill and Knowledge, discharge
" all the Duties thereof faithfully according to Law : So help me
" God."
And no Person appointed under this Ordinance to be Chief,
or Assistant, or Marine Magistrate, or Superintendent of Police, shall
be capable of holding the said Office, or of acting in any way therein ,
until he shall take and subscribe the above Oath ; and the said Oath
shall be administered by any Two Justices of the Peace at Hongkong ;
and such Justices shall forthwith give to the Person taking the
same a Certificate thereof under their Hands, such Certificate to be
forwarded to the Governor of the said Colony, or to such Person as he
shall appoint.
Policemen appoint- II. And be it enacted, That a sufficient Number of fit and able
ed, to have
Constables. Power ofMen shall from Time to Time be appointed by the Governor as
a Police Force for the whole of the Colony of Hongkong, who shall be
sworn in by the Chief or Assistant Magistrates, to act as Constables
for preserving the Peace, and preventing Robberies and other Felonies,
and apprehending Offenders against the Peace ; and the Men so
sworn in shall have all such Powers, Authorities, Privileges, and
Advantages, and be liable to all such Duties and Responsibilities, as
any Constable duly appointed now has, or hereafter may have, either
by the Common Law, or by virtue of any English State or Colonial
Ordinance, now or hereafter to be in Force in the said Colony of
Hongkong, and shall obey all such lawful Commands as they may from
Time to Time receive from the said Chief, Marine, or Assistant Magis-
trate, and Superintendent of Police, or any other inferior Officers
who may at any Time be appointed over them.
Chief Magistrate to III. And in order to provide for one uniform System of Rules
make Rules with Ap-
probation of the Go- and Regulations throughout the whole Establishment of Police in
vernor.
Hongkong : Be it enacted, That the said Chief Magistrate may, from
Time to Time, subject to the Approbation of the Governor for the time
being, frame such Orders and Regulations as he shall deem expedient
for the general Government of the Men to be appointed Members of
the Police Force under this Ordinance, the Places of their Residence,
the Classification, Rank, and particular Service of the several Mem-
bers, their Distribution and Inspection, the description of Arms,
Accoutrements, and other Necessaries to be furnished to them, and
which of them shall be provided with Horses for the Performance of
their Duties, and all such Orders and Regulations relative to the said
Police Force as the said Chief Magistrate shall from Time to Time
deem expedient for preventing Neglect or Abuse, and for rendering
such Force efficient in the Discharge of all its Duties ; and the said
Chief Magistrate may at any time suspend or dismiss from his
Employment any Man belonging to the said Police Force, whom he
shall think remiss or negligent in the Discharge of his Duty, or
otherwise unfit for the same ; and when any Man shall be so
dismissed
7° VICTORIE.-No. 12 OF 1844. 45
be so dismissed, or cease to belong to the said Police Force, all Powers
vested in him as a Constable by virtue of this Ordinance shall imme-
diately cease and determine.
IV. And be it enacted, That no Constable to be appointed under Constables not to
this Ordinance, shall be at Liberty to Resign his Office or Withdraw resign without
and Penalty Notice,
thereon.
himself from the Duties thereof, unless expressly authorised so to do
in Writing by the Chief Magistrate of Police, or unless he shall give
to the said Chief Magistrate of Police Two Months' Notice of his
Intention so to Resign or Withdraw ; and if any such Constable shall
so Resign or Withdraw himself without such previous Permission
or Notice, he shall for such Offence forfeit and pay a Penalty not
exceeding Two Hundred Dollars on Conviction thereof, in a Summary
Manner, before One Justice of the Peace, in manner provided by
Ordinance No. 10 of 1844, intituled, An Ordinance to regulate Sum-
mary Proceedings before Justices of the Peace, and for the protection
of Justices in the execution of their Office.
V. And be it enacted, That when any Constable to be appointed , beConstable ceasingup
such, to deliver to
under this Ordinance shall be dismissed from, or shall cease to hold Arms, Clothes, &c. Pe-
and exercise his Office, all Powers and Authorities vested in him as a nalty in Default there-
of.
Constable shall immediately cease and determine to all Intents
and Purposes whatever ; and if any such Constable shall not, within
One Week after he shall be dismissed from , or cease to hold and
exercise his Office, deliver over all and every the Arms, and Ammu-
nition, and Accoutrements, Horse, Saddle, Bridle, Clothing, and other
Appointments whatsoever, which may have been supplied to him for
the Execution of such Office, to such Person and at such Time and
Place as shall be directed by the said Chief Magistrate, such Person
making Default therein shall, upon Conviction for every such Offence
in a Summary Manner before a Justice of the Peace, be subject and
liable to Imprisonment in the common Gaol or House of Correction
for any Period not exceeding Three Months, and kept to Hard Labour,
as such Justice of the Peace may direct ; and it shall be lawful
for such Justice of the Peace, and he is hereby authorised and required
to commit every such Offender accordingly, and to issue his Warrant
to search for and seize to the use of Her Majesty, all and every
the Arms, Ammunition, Accoutrements, Horses, Bridles, Saddles,
Clothing, and other Appointments whatsoever, which shall not be so
delivered over, wherever the same shall be found .
VI. And be it enacted, That if any Constable to be appointed blePenalty forhis
remiss in Consta-
Duty.
under this Ordinance shall be guilty of any Neglect or Violation of
Duty in his Office, or shall Neglect or Refuse to Obey and Execute
any Warrant lawfully directed to be by him executed, or shall be
Guilty of any Disobedience to the Orders and Regulations framed as
hereinbefore mentioned by the said Chief Magistrate, or other
Misconduct as a Constable, he shall, for every such Offence, on Con-
viction thereof before a Justice of the Peace in a Summary Manner,
forfeit and pay a Penalty not exceeding Two Hundred Dollars ; and the
Amount of such Penalty shall and may be deducted from and out of
any Salary accruing due to such Offender under this Ordinance, upon
a Certificate thereof, to be, by the Justice before whom he may
be convicted, transmitted to the Treasurer of the said Colony.
M VII.
46. COLONIAL ORDINANCES.
Penalty to person VII. And be it enacted, That if any Person not appointed and
in his Posses-
sion Arms belonging acting under this Ordinance, shall have in his Possession any Arms,
to, or assuming the Ammunition, or any Article of Clothing, Accoutrements, or Appoint-
Dress of the Police
Force. ments supplied to any Person under this Ordinance, and shall not be
able satisfactorily to account for his or her Possession thereof, or shall
put on or assume the Dress, Name, Designation, or Description of any
.
Person or Persons, or any Class of Persons appointed under this
Ordinance, for the Purpose of thereby obtaining Admission into any
House or other Place, or of doing or procuring to be done any other
Act which such Person or Persons so putting on or assuming such
Dress, Name, Designation, or Description would not by Law be
entitled to do or procure to be done of his or their own Authority, every
such Person so offending shall, in Addition to any other Punishment
to which he or she my be liable for such Offence, forfeit and pay for
every such Offence any Sum not exceeding Two Hundred Dollars, to ,
be recovered in a Summary Manner on Conviction before a Justice of
the Peace.
Governor may insti- VIII And be it enacted, That it, shall and may be lawful to and
tute
ConductInquiries into for the said Chief, Marine, or Assistant Magistrate, or the Superin-
of Policemen
on Oath. tendent of Police, or either or any of them, or any other Person
or Persons to be nominated for the Purpose from Time to Time by the,
Governor, to examine on Oath into the Truth of any Charges or
Complaints preferred against any Person to be appointed under this,
Ordinance, of any Neglect or Violation of Duty in his Office, and to
report thereon to the Governor ; and any Person who , on such, Inquiry,
or on any other Occasion on which an Oath may be administered
under this Ordinance, shall give False Evidence, or take a False Oath,
and be thereof duly convicted , shall be deemed. Guilty of Wilful, and
FalsePerju
Oath punish- Corrupt Perjury, and shall be liable to such Pains and Penalties
able as ry.
as Persons convicted of Wilful and Corrupt Perjury are or may be.
subject and liable to.
Common Report to IX. And be it enacted , That if any Question arise as to the Right
be Proof
of any Person exer- of any Chief, Marine, or Assistant Magistrate, or Superintendent
of theto Right
eise any Office under of Police, or any Sergeant or other inferior Officer, or of any common
this Ordinance.
Constable, to hold or execute any such Office respectively, common
Reputation shall to all Intents and Purposes be deemed and held to
be sufficient Evidence of such Right, and it shall not be necessary to,
produce any Appointment, or any Oath, Affidavit, or other Document
or Matter whatsoever, in Proof of such Right.
Fines imposed on X. And be it enacted, That all Fines imposed on any Sergeant
Policemen to form a
Reward Fund. or other inferior Officer, or on any Constable under this Ordinance,
shall be paid to the Treasurer of the Colony of Hongkong, and be.
carried by him to a separate Account, so that the same may form a
Fund to be called the " Police Reward Fund, " to be appropriated for
the Payment of such Rewards, Gratuities, Bounties, Pensions, or
other Allowances as the Governor may from Time to Time award or
direct to be paid to any Person or Persons appointed under this
Ordinance, or to the Widows and Families of any such Person at his
Governor may de- Death ; and that it shall and may be lawful for the Governor to direct,
ductincrease
to Portion of Salary if he shall think fit, that any Proportions not exceeding Ten Shillings
Fund.
in the Year for every One Hundred Pounds of the Salary of every
Person appointed under this Ordinance , and so in Proportion for any
Salary
7° VICTORIÆ.-No 12 of 1844. 47
Salary less than One Hundred Pounds, shall be deducted Yearly from
such Salaries, and added to the Reward Fund, and form Part J
thereof.
XI. And be it enacted, That where any Person charged with any Policemen in Chief
any
Misdemeanour or Petty Felony shall be brought, without a Warrant tion to takeatBail. Sta-
of a Justice of the Peace, into the Custody of any Sergeant of Police,
or any other inferior Officer of Police in actual Chief Command at any
Police Station, it shall be lawful for such Sergeant or other inferior
Officer of Police, if he shall deem it prudent, (provided the Justice of
the Peace before whom the Party charged with such Misdemeanour
or Petty Felony is to be taken for Examination on such Charge be not
"
then in Attendance at his Office, ) to take Bail by Recognizance
without any Fee or Reward from such Person, conditioned that such
Person shall appear for Examination before a Justice of the Peace at
some Place to be specified in the Recognizance, and at such earliest
Time then next after, when such Justice of the Peace shall be
in Attendance at his Office ; and every Recognizance so taken shall
be of equal Obligation on the Parties entering into the same, and liable
to the same Proceedings for estreating thereof as if the same had been
taken before a Justice of the Peace, and the Name, Residence,
and Occupation of the party, and his Surety or Sureties if any,
entering into such Recognizance, together with the Condition
thereof and the Sums respectively acknowledged, shall be entered
in a Book to be kept for that Purpose, which shall be laid before
such Justice as shall be present at the Time and Place when
and where the Party is required to appear ; and if the Party do
not appear at the Time and Place required, or within One Hour
after, the Justice shall cause a Record of the Recognizance to be Recognizance of
Bail to be estreated.
drawn up, and shall return the same to the next Sittings of the
Court in which the Offence charged should be brought for Trial,
with a Certificate at the Back thereof signed by such Justice,
that the Party or Parties have not complied with the Obligation
therein contained, and the proper Officer of the said Court shall
make the like Estreats and Schedules of every such Recognizance Recognizance of
Bail may be enlarged.
as of Recognizances forfeited in the said Court ; and if the Party
not appearing shall apply by any Person on his behalf to postpone
the Hearing of the Charge against him, and the Justice shall think
fit to consent thereto, the Justice shall be at Liberty to enlarge
the Recognizance to such further Time as he shall appoint, and when
the Matter shall be heard and determined, either by the Dismissal
of the Complaint, or by binding the Party over to answer the Matter
thereof before any Superior Court, the Recognizance for the Appea-
rance of the Party before a Justice shall be discharged without Fee
or Reward.
XII . And be it enacted, That the Chief Magistrate of Police, Constables to attend
Magistrates.
subject to the Approbation of the Governor for the Time being, shall
from Time to Time direct a sufficient Number of Men belonging to the
Police Force to be appointed under this Ordinance, and of such Ranks
as shall be necessary and proper, to attend on the Justices of
the Peace acting in and for any Port, District, or other Division of
the said Colony respectively, who shall obey and execute all
the lawful Warrants, Orders, and Commands of such Justices in all
Matters Civil and Criminal.
XIII.
48 COLONIAL ORDINANCES .
Name of Constable XIII. And when any Warrant , Order, or Command of any Magis-
to execute
Warrant to be indors- trate shall be delivered or given to any Constable, Sergeant, or other
ed thereon.
inferior Officer of Police, he shall, if the Time will permit, shew or
deliver the same to the Superintendent of Police, or other Officer
(under whose immediate Command such Constable, Sergeant, or other
inferior Officer of Police shall then be, ) and such Superintendent or
other Officer shall nominate and appoint, by Endorsement thereon,
such one or more of the Constables or of other Ranks under his Orders,
and such Assistant or Assistants to him or them as such Superinten-
dent or other Officer shall think proper, to execute such Warrant, Order,
or Command ; and every such Constable or other Person whose Name
shall be so indorsed, and every such Assistant as aforesaid , shall have
all and every the same Rights, Powers, and Authorities for and in the
Execution of every such Warrant, Order, or Command, as if the same
had been originally directed to him or them expressly by Name.
Constable not to be XIV. And be it enacted, That when any Action shall be brought
liable to Action on
Proof of Signature of against any Constable or inferior Officer of Police for any Act done
Magistrate. in obedience to the Warrant of any Magistrate, such Constable
or inferior Officer of Police shall not be responsible for any Irregula-
rity in the issuing of such Warrant, or for any Want of Jurisdiction
in the Magistrate issuing the same, and such Constable or inferior
Officer of Police may plead the General Issue, and give such Warrant
in Evidence, and upon producing such Warrant, and proving that the
Signature thereto is the Hand-writing of the Person whose Name
shall appear subscribed thereto, and that such Person is reputed to be
and acts as a Magistrate for the Colony of Hongkong, and that
the Act or Acts complained of were done in Obedience to such
Warrant, the Jury or Court who shall try the said Issue shall find
a Verdict for the Defendant, who shall also recover Double his
Costs of Suit.
Exemption from XV. And be it enacted, That the Chief, Marine, and Assistant
serving on Juries.
Magistrates, the Superintendent and Constables of Police, and the
Clerks, Inferior Officers, and other Officers to be appointed under
this Ordinance, so long as they shall continue to hold the said
Offices or Appointments respectively, shall be, and are, and each of
them is hereby exempted from serving on all Juries or Inquests
whatsoever.
Penalty on Publican
XVI. And be it enacted, That if any Victualler or Keeper of
harbouring Policemen.
any House, Shop, Room, or other Place for the Sale of any Liquors,
whether Spirituous or otherwise, shall knowingly harbour or enter-
tain any man belonging to the said Police Force, or permit such Man
to abide or remain in his House, Shop, Room, or other Place during
any Part of the Time appointed for his being on Duty, every such
Victualler or Keeper as aforesaid, being convicted thereof before
any one Justice of the Peace, shall for every such Offence forfeit
and pay such Sum not exceeding One Hundred Dollars, to be
recovered in a Summary Manner, as the said Justice shall think
meet.
Penalty on Persons XVII. And be it enacted, That if any Person shall assault or
obstructing or refusing
to assist Policemen in resist any Person belonging to the said Police Force in the Execution
the Execution of their of his duty, or shall aid or incite any Person so to assault or Resist,
Duty.
or
7° VICTORIE.-No. 12 OF 1844. 49
or shall refuse to assist him therein when called upon so to do,
every such Offender, being thereof convicted before any one
Justice of the Peace, shall for every such Offence forfeit and pay
such Sum, not exceeding Two Hundred Dollars, to be recovered
in a Summary Manner, as the said Justice at his Discretion may
adjudge.
HENRY POTTINGER,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 1st day of May, 1844.
RICHARD BURGASS,
Clerk of Councils.
N
1
·
DIEU DROIT
HONGKONG ,
ANNO SEPTIMO
VICTORIÆ REGINE.
No. 13 of 1844.
Y His
B and Commander- in- Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the Appointment and Regulation of Native Title.
Chinese Peace Officers (Paouchong and Paoukea) within the Colony of
Hongkong.
[31st May, 1844. ]
WHEREAS it is expedient to adopt and preserve such Chinese Preamble.
Institutions as tend to the preservation of Peace and Good Order :
I. Be it therefore enacted by His Excellency the Governor of Governor to appoint
the necessary Number
Hongkong, with the Advice of the Legislative Council thereof, That it of Peace Officers.
shall be lawful for the said Governor to appoint such and so many
native Chinese Peace Officers (superior and inferior, Paouchong and
Paoukea) throughout the various Towns, Villages, and Hamlets of
the Colony of Hongkong and its Dependencies, as he may deem
expedient.
II. And be it enacted, That the said Peace Officers shall be Officers to be elect-
ed by Inhabitants,
elected, and recommended for the Office, in such mode as His Excel- subject to the Appro-
lency the Governor may determine, by the Inhabitants of the several val of the Governor.
Towns, Hamlets, Districts, or Divisions in the said Colony : Provided
always, that nothing herein contained shall render it compulsory on
His said Execellency the Governor to appoint the Persons so elected,
or recommended for such Office, or to prevent him from appointing
such other fit Persons as he may deem expedient .
III. And be it enacted, That the said Peace Officers as appointed Officers to be Con-
stables, and to act in
(Paouchong and Paoukea) shall have the same Authorities, Privileges, Accordance with the
and Immunities, as any Constable of the Police Force of the Colony Laws of China.
of
52 COLONIAL ORDINANCES.
of Hongkong, and shall also have and exercise such Power and
Authority, and shall be subject to be punished for Neglect of Duty in
like Manner as hath been customary within the Dominions of the
Emperor of China : Provided always that no such Peace Officer shall
have Power to inflict any Punishment whatsoever on any Offender.
Chief Magistrate to
make Rules, and Offi- IV. And be it enacted, That the Chief Magistrate of Police, with
cers to conform there- the Approbation of the Governor in Council, shall make Rules
to.
and Regulations to be observed by the said Officers, and that the said
Officers shall in all respects be under the Control, and conform
to the Orders of the said Chief Magistrate of Police, and the Police
Magistrate for their respective Districts.
Officers guilty of
Misconduct liable to a V. And be it enacted, That any such Officer as aforesaid who shall
Fine of Two Hundred be guilty of any Disobedience of such Rules or Orders as aforesaid,
Dollars.
or of any Neglect or Misconduct in the Execution or pretended Exe-
cution of his Duty, shall, on Conviction thereof before any Magistrate
of Police, forfeit a Sum not exceeding Two Hundred Dollars, to
be levied in a Summary Way, according to the Provisions of Ordinance
No. 10 of 1844.
Officers to receive
Rewards for Good VI. And be it enacted , That the said Officers so appointed shall
Conduct, and wear receive such occasional Rewards for Good Conduct, and shall wear
Badge.
such honourable Badge of their Office, as may hereafter be appointed
by His Excellency the Governor of Hongkong.
Officers guilty of VII. And be it enacted, That if any such Officer as aforesaid shall
gross Misconduct to be
dismissed with Igno- be guilty of gross Misconduct in his Office, he shall, in Addition to
miny.
paying such Fine as aforesaid , be liable to be dismissed from his
Office with such Marks of Ignominy as are customary in China ; and
His Excellency the Governor of Hongkong is hereby empowered
to dismiss such Offender, and to cause such Marks of Ignominy to be
inflicted in a Summary Manner.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 31st day of May, 1844.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DROIT
HONGKONG ,
18
ANNO SEPTIMO
VICTORIÆ REGINÆ.
No. 14 of 1844 .
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
BY and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the Suppression of Public Gaming in the Title.
Colony of Hongkong.
[ 10th June, 1844. ]
WHEREAS, it is expedient to suppress the pernicious Practice
of Public Gaming in the Colony of Hongkong :
I. Be it therefore enacted by his Excellency the Governor of Penaltya on Person
Gambling
Hongkong, with the Advice of the Legislative Council thereof, That House .
any Person who shall for Gain or Lucre keep any House, Room, or
Place, Boat, Vessel, or any Place on Land or Water, for Public
Playing or Gambling, or shall permit any Person to Play within such
House, Room, Boat, Vessel, or any Place on Land or Water as afore-
said, shall forfeit a Sum not exceeding Two Hundred Dollars on
Conviction thereof in a Summary Manner.
II. And be it enacted, That any Person who shall Use, Haunt, or
Penalty on Persons
haunting Gambling
be Found within such House, Room, Boat, Vessel, or any Place on Houses.
Land or Water as aforesaid, shall forfeit a Sum not exceeding Fifty
Dollars on Conviction thereof in a Summary Manner.
III. And be it enacted, That the Person appearing or acting as Master tobeacting
Person as
liableto
Master, or as having the Care and Management of any such House, Penalty.
Room, or Place as aforesaid, shall be taken to be the Keeper thereof,
and shall be liable as such to the Penalty aforesaid .
0 IV.
54 COLONIAL ORDINANCES .
Justice ofthe Peace, IV. And be it further enacted, That it shall be lawful for
or Constable authoriz-
ed by Warrant,to enter any Justice of the Peace, or Constable of the Police duly authorized
into House, and seize by Warrant of any Justice of the Peace, to enter, and if necessary to
Implements &c., Gam- break into any House, Room, Boat , Vessel, or any Place either on Land
of which
shall be forfeited. or Water, within which such Justice of the Peace shall be credibly
informed on Oath, or shall have reasonable Grounds of his own
Knowledge to suspect and believe that Public Gaming or Playing is
or as been commonly carried on, and to arrest all Persons within such
House, Room, or Place as aforesaid, and to seize all Tables, Dice,
or other Implements of Gambling, or which shall be used as such, and
also all Moneys or Securities for Money which shall be in actual Use
for the purpose of Gambling ; and which said Implements of Gambling,
and Money, or Securities for Money, on Conviction of the Offender,
shall be, and they are hereby declared to be forfeited to Her Majesty
the Queen, Her Heirs and Successors.
Penalties to be reco- V. And be it enacted, That all Penalties herein mentioned , shall
vered according to
Provisions of Ordi- the be recovered, levied, and distributed, on Conviction of the Offender
nance No. 10 of 1844. before any Magistrate of Police, or any Two Justices of the Peace, in
the Manner provided by Ordinance No. 10 of 1844.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 10th Day of June, 1844.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DROIT
HONGKONG ,
ANNO OCTAVO
VICTORIÆ REGINÆ.
No. 17 of 1844.
Y The Honourable GEORGE D'AGUILAR, Major- General Com-
in China,
time being of the Colony of Hongkong and its Dependencies.
An Ordinance for the better securing the Peace and Quiet of the Title.
Inhabitants of the Town of Victoria and its Vicinity during the
Night-time.
[ 11th September, 1844. ]
WHEREAS the Inhabitants of Victoria and its Vicinity have Preamble.
hitherto been disturbed and annoyed during the Night-time by various
loud and unnecessary Noises made by Private Watchmen and other
Persons, to such an Extent as to become a Public Nuisance, and it is
expedient for the Comfort and Tranquillity of the said Inhabitants that
the said Public Nuisance should be suppressed : and whereas it
is manifest that such Watchmen or other Persons could from time to
time during the Night notify their state of Vigilance, and convey to
their respective Masters and Employers that they are on the watch
and alert, without occasioning any Disturbance or Annoyance to the
Public, or to the Inhabitants of adjoining Houses :
I. Be it therefore enacted and ordained by the Governor for the No Person to make
Noise or Disturbance
Time being of the Colony of Hongkong and its Dependencies, with the between Sunset and
Advice of the Legislative Council thereof, That from and after Six inthe Morning.
the Publication of this Ordinance no Person or Persons whatsoever
shall, between Sunset and the Hour of Six in the following Morning,
make, or cause to be made, any Noises whatever, calculated to disturb,
annoy, or interfere with the Public Tranquillity, or the Quiet of the
Occupier or Inhabitant of any Dwelling-house within the said Town
of Victoria or its Vicinity ; and that in case any Person or Persons
shall make or cause to be made any such Noise or Noises as afore-
said, it shall and may be lawful for any such Occupier or Inhabitant, or
for
56 COLONIAL ORDINANCES .
for any Officer charged with the Preservation of the Peace, or
any Constable or Policeman, or other Person, to summon the Party
so offending before any Police Magistrate, to whom it shall and may
be lawful, on due Investigation and Proof of the Party having offended
against the Provisions aforesaid, to proceed against, and in a Summary
Manner to Fine the Party so offending, in any Sum not exceeding
Ten Dollars, and in Default of Payment, to commit the said Party
to Prison for any Period of Time not exceeding One Calendar
Month .
Watchmen or Ser- II. And be it further enacted and ordained, That if, on any
vants obeying Orders
not to held respon- such Investigation or Proof as aforesaid, it shall appear to the said
sible.
presiding Magistrate that the Party so offending acted as Watch-
man or Servant of the Proprietor or Occupier of any Dwelling-
house, Warehouse, or other Out-house, Office, or Premises, or of
the Inhabitant, Person, or Persons, in charge thereof, or by or with
the Direction, Knowledge, Sanction, Sufferance, or Permission of
such Proprietor or Occupier, or of such Inhabitant or Person in
charge as aforesaid, then and in such case it shall and may be
lawful to and for such Magistrate to dimiss the Charge as against
the Watchman or Servant, or Person acting as such, so offending
as aforesaid, and to summon or cause to be summoned forthwith
before him the Proprietor or Occupier, Inhabitant, or Person in
charge thereof as aforesaid, having so directed, sanctioned, suffered,
or permitted the making such Noise or Noises as aforesaid ; and
on due Investigation and Proof that any such Occupier or Pro-
prietor, Inhabitant, or Person in charge as aforesaid, directed,
sanctioned, suffered, or permitted the making of the said Noise or
Noises so made by the Watchman or Servant, or Person acting
as such as aforesaid, then it shall and may be lawful to and for
such presiding Magistrate to Fine such Proprietor, or Occupier, or
Inhabitant, or Person in charge as aforesaid, in any Sum not exceed-
ing Fifty Dollars, and in Default of Payment to levy the same
by Distress and Sale of the Goods and Chattels of such Proprietor,
or Occupier, or Inhabitant, or Person in charge as aforesaid , by
virtue of a Warrant in Writing under his Hand to be issued for
that purpose ; and in case of the Offender not having sufficient.
Goods and Chattels within the Colony of Hongkong whereon to levy
the said Fine, together with all Costs and Charges consequent
thereon, it shall and may be lawful for the said Magistrate to
commit such Offender to Prison for any Period of Time not exceeding
One Calendar Month.
Proprietor, Occupier, III. And be it further enacted and ordained, That when and so
or Inhabitant
House, of any often as any such Noise or Noises as aforesaid shall be made in
to be summon-
ed in case of not being or upon any Dwelling-house or Premises, if it shall be impracticable
able to apprehend the
Offender. or difficult to apprehend, discover, or identify the Person or Persons
so making such Noise or Noises as aforesaid, then and in such case it
shall and may be lawful to and for such Magistrate, upon Infor-
mation thereof, to summon before him the Proprietor, or Occupier, or
Inhabitant, or Person in charge of such Dwelling-house or Premises ;
and if it shall appear on due Investigation and Proof that such
Noise or Noises as aforesaid was or were made in or upon the
said Dwelling-house or Premises by the Direction, or with the
Knowledge, Sanction, Sufferance, or Permission of the Owner,
Occupier,
8º VICTORIE.- No. 17 OF 1844. 59
Occupier, Inhabitant, or Person in charge thereof, to impose on
him such and the like Penalty as is lastly hereinbefore provided,
the said Penalty to be recovered in the same Manner as is also
lastly hereinbefore provided.
GEORGE D'AGUILAR,
Major-General and Lieutenant-Governor.
Passed the Legislative Council of Hongkong,
this 11th day of September, 1844.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
P
1
·
DIEU DROIT
HONGKONG ,
ANNO OCTAVO
VICTORIE REGINE.
No. 22 of 1844.
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for establishing Standard Weights and Measures, Title.
and for preventing the Use of such as are False and Deficient.
[30th December, 1844. ]
WHEREAS it is necessary to provide against the Use of Frau- Preamble.
dulent Weights and Measures in Hongkong and its Dependencies, and
for that Purpose to establish certain Standards by which all other
Weights and Measures may be regulated, and to prohibit the Use of
any other Weights and Measures than such as shall agree with such
Standards : And whereas certain Weights and Measures of the Stan-
dard now in Force and in Use in China and in the United Kingdom
of Great Britain and Ireland (Schedules whereof marked with the
Letters A. and B. are hereunto annexed) have been deposited in the
Colonial Treasury in the Town of Victoria :
I. Be it therefore enacted by His Excellency the Governor of Certain Weights and
Hongkong, with the Advice of the Legislative Council thereof, Measures inthe Colo-
That the said several Weights and Measures deposited in the ria, declared to be
Standards.
Colonial Treasury in Victoria as aforesaid shall be there safely kept,
and shall be, and they are hereby declared to be, the standard
Weights and Measures of Hongkong.
II. And be it further enacted, That it shall be lawful for the , Copies of such Stan-
dards to be made by
Governor of the said Colony to cause Copies and Models of the seve- order of the Governor,
ral Weights and Measures so deposited in the Colonial Treasury in and having been veri-
fied and marked, to be
Victoria as aforesaid to be carefully made, and upon every such deposited with the
Weight or Measure being verified before such Governor, and approved Magistrate
and of Police
of
62 COLONIAL ORDINANCES.
of by him, to cause a Mark or Stamp to be legibly impressed or
engraven thereon, to shew that the same hath been so verified and
approved ; and such Mark or Stamp shall consist of such Letters and
Figures as are commonly used to signify Her Majesty's Name or
Mark, together with S. W. or S. M. signifying Standard Weight or
Standard Measure as the case may be, and the Number of Pounds or
other Denomination of such Weight or Measure ; and such Copies or
Models, after being so verified, approved, and marked, shall be depo-
sited with all Magistrates of Police, and such other proper Persons as
may be appointed, and shall be by them respectively, safely and
securely kept for the purpose of Reference as hereinafter directed ;
Penalty if Magis- and if any such Person shall Falsify or otherwise wilfully Injure
trate or other
shall falsify person such Copies or Models so deposited with him as aforesaid, he shall,
or wilfully
injure such Copies. on Conviction thereof in a Summary Manner, forfeit and pay for every
such Offence the Sum of One Hundred Dollars .
In case of Standards
III. And be it further enacted, That in case any of the said
or
others to be supplied. ' standard Weights or Measures, or the Copies or Models thereof, shall
be lost, destroyed , defaced, or otherwise injured, another Weight or
Measure shall be provided with the Approbation of the Governor for
the time being, of the same Size and Weight or Measure as the
Weight or Measure so lost, destroyed , defaced, or otherwise injured,
and the same shall thereupon be deemed to be a true and genuine
Weight or Measure to all such and the like Intents and purposes
as the Weight or Measure which shall have been lost, destroyed,
defaced, or otherwise injured.
Persons to have Ac- IV. And be it further enacted, That all Persons who may be
cess to such Copies
all reasonable Times.at desirous of comparing and adjusting any Weights and Measures, shall
have access to all such Copies and Models of the Standards so depo-
sited as aforesaid at all reasonable Times ; and it shall be the Duty
Magistrates and of the respective Magistrates of Police, and such other Persons
others to
stamp such Weights as aforesaid, to compare every such Weight and Measure as shall be
and
be Measures as shall brought before them respectively with such Copies or Models as
brought before
them for that purpose. aforesaid, and to stamp them accordingly with such Marks as are
herein aforesaid, without taking any Fee or Reward therein .
Penalty if they shall V. And if any such Magistrate or other Person shall fail, neglect,
neglect or refuse.
or refuse to compare or stamp any such Weights and Measures at all
such reasonable Times as he or they shall be thereunto required, he
shall on Conviction forfeit and pay the Sum of Fifty Dollars, to be
recovered in a Summary Manner in manner aforesaid.
Persons to be ap- VI. And be it further enacted, That as soon as conveniently may
pointed to examine
Balances , Weights, be after the taking Effect of this Ordinance , the Chief Magistrate of
and Measures.
Police in Hongkong shall be, and he is hereby directed to appoint one
or more Person or Persons, who shall have Power to examine
the Balances , Weights , and Measures in Hongkong, and shall be duly
sworn well and faithfully to execute the Office in him or them reposed
by virtue of such Appointment and of this Ordinance, which Oath
the said Chief Magistrate of Police is hereby directed and empower-
ed to administer .
Examiners, when so VII. And be it further enacted , That it shall and may be lawful
to visit Shops,
&c., and seize false to and for the Person or Persons so to be appointed Examiners
or
as
8° VICTORIE.- No . 22 of 1844. 63
as aforesaid, and they are hereby required, as often as may be neces- or
Weights, Balances,
deficientand Mea-
sary, in the Day Time to enter into the Shop, House, Mill, Store, sures.
Outhouse, and other Places near to such Shop , Mill, Store, or House,
and into the Stall or Standing-place of any Person or Persons who
shall sell by Weight or Measure any Wares, Provisions, Goods,
or Merchandise, or any Liquid or Dry Goods, or other Articles what-
soever, and then and there to search for, view, and examine all
Balances, and all Weights and Measures of Length and Capacity
therein, and to seize any False or Unequal Balance or Balances, and
any Weight or Weights, Measure or Measures, being fraudulently
stamped, or not being according to the Standards, or the Copies or
Models thereof, as hereinbefore is mentioned, which shall upon such
Search be found therein, and to detain the same to be produced before
any Justice of the Peace for the District or Place within which any
such Balance, Weight, or Measure shall have been seized as aforesaid ;
and such Justice of the Peace is hereby authorized and required to Upon Conviction,
and
inquire into, hear, and determine in a Summary Way, all Informa- Measures to be des
tions, Matters, and Things touching such Seizures, and the Person or troyed.
Persons in whose Shop, House, Mill, Storehouse, Outhouse, Premises,
Stall, or Standing-place, any such false, deficient, or fraudulently
stamped Balance or Balances, Weight or Weights, Measure or Mea-
sures, shall be found, shall, upon Conviction thereof, forfeit all such
false, deficient, or fraudulently stamped Balances, Weights, and Mea-
sures, which Balances, Weights, and Measures, so forfeited, shall be
broken or otherwise disposed of, as such Justice before whom such
Conviction shall have taken place shall order and direct, and shall And Offender to
ly forfeit
ceeding Sum Hundred
a One not ex-
also forfeit and pay for every such false, deficient, or fraudulent
stamped Balance, Weight, or Measure, such Sum of Money, not Dollars.
exceeding the Sum of One Hundred Dollars, as the said Justice before
whom any such Person or Persons shall be convicted shall in his
Discretion order and adjudge.
VIII. And be it further enacted, That if any Person shall wilfully Penalty on Persons
obstructingExaminers,
Obstruct, Hinder, Resist, or in anywise Oppose any of the Persons or refusing to produce
hereby authorized and empowered to view and examine such Balan- Balances,
Measures Weights, or
for Exami-
ces, Weights, and Measures, in the Execution of his Office, or if any nation.
Person selling by Weight or Measure shall refuse to produce his
Balances, Weights, or Measures, in order to be viewed or examined, he
shall for every such Offence forfeit and pay any Sum not exceeding
Two Hundred Dollars, nor less than Fifty Dollars.
IX . And be it further, That from and after the First Day No Person to sell by
of February, One Thousand Eight Hundred and Forty-five, it shall standard Weste
Weights and
not be lawful for any person to Bargain, Sell, Deliver in Payment, Measures.
Barter, or Exchange, any Goods, Wares, Merchandise, or other Thing,
by any other Weights and Measures than by such as shall agree
with the said standard Weights and Measures, or the Copies or Models
thereof, as aforesaid (except as hereinafter excepted, ) upon pain of
forfeiting for each and every such Offence the Sum of One Hundred
Dollars, to be recovered in a Summary Way ; Provided, however, that Not to apply to Con-
nothing hereinbefore contained shall apply to Contracts or Bargains totracts made previous
Commencement of
for the Sale, Exchange, or Delivery of any Goods, Wares, Merchandise, Ordinance.
or other Thing bona fide made and entered into before the said First
Day of February, One Thousand Eight Hundred and Forty-five ; but
that all Goods, Wares, Merchandise, and other Thing so contracted and
Q bargained
64 COLONIAL ORDINANCES .
bargained for, as last aforesaid, shall and may be sold and delivered
according to the Ratio and Proportion which the Weights or Measures
in use in the Colony at the time such Contracts or Bargains shall have
been made shall bear to the standard Weights and Measures esta-
blished by this Ordinance.
For Stricken Mea- X. And be it further enacted, That in every Sale, Barter,
sures.
and Exchange of any Goods or Things which are not commonly
or which shall not be contracted or agreed to be delivered by Heaped
Measure, the Measure shall not be heaped, but shall be stricken with
a round Stick or Roller straight and of the same Diameter from
End to End .
Fines &c. to be XI. And be it enacted, That all Fines and Penalties provided by
in manner provided by this Ordinance shall (except when it is otherwise specially provided)
Ordinance
1844. No. 10 of be recovered, levied, and distributed , on the Offender being convicted in
a Summary Way before any Magistrate of Police, or before any Two
Justices of the Peace, in the Manner provided by Ordinance No. 10
of 1844.
Not to apply to the XII. And be it further enacted, That nothing in this Ordinance
Sale of Medicines or
Precious Metals or contained shall be deemed or taken to extend or apply to the sale of
Stones.
Medicines, or Precious Metals, or Precious Stones, nor to the Weights
or Measures bona fide used for the Sale thereof.
Commencement of XIII. And be it further enacted, That this Ordinance shall com-
Ordinance.
mence and take effect from and after the First Day of February, One
Thousand Eight Hundred and Forty-five.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 30th Day of December, 1844.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
SCHEDULES TO WHICH THIS ORDINANCE REFERS .
A.
WEIGHTS.
10 Candareen or 分 Fun, make one
Tseen, (Mace)
10 Mace 錢 Tseen, 99 Leang, (Tael)
»錢
16 Taels 29 丙 Leang, "" Kin, (Catty)
100 Catties
26
22 担 Tam, (Picul)
斤 Kin,
13 Picul
36
担 Tam, Shik, (Stone . )
8° VICTORIE.- No. 22 OF 1844. 65
MEASURES OF LENGTH.
10 Fun, 分 make one Tsun.
10 Tsun, 99 Chih, (or Covid)
10 Chih "" 买 Chang.
尺
10 Chang "" Yin.
31
MEASURES OF GRAIN.
6 Suh make one Kwei
10 Kwei 圭 "" Tsoh, (or Pugil)
20
10 Tsoh Chau, (or Handful)
10 Chau 99 Choh, (or Ladle)
ར
5 Choh
39
Yoh, (or Cup)
36
Koh, (or Gill)
2. Yoh 龠
39
10 Koh A #Shing (or Pint)
10 Shing # "" Taw,
36
5 Taw Hoh.
B.
LIST OF STANDARD WEIGHTS AND MEASURES DEPOSITED IN THE
COLONIAL TREASURY, HONGKONG.
Standard Weights, English. Standard Measures of Length.
Fifty-six Pounds One Yard
Twenty-eight Pounds One Foot
Fourteen Pounds One Inch.
Seven Pounds
Avoirdupois Four Pounds Standard Measures of Capacity.
Two Pounds
One Pound One Bushel
One Half Pound One Half Bushel
One Quarter Pound. One Peck
One Gallon
Two Ounces One Half Gallon
One Ounce One Quart
Eight Drams One Pint
Troy Four Drams One Half Pint
Two Dram One Gill
One Dram. One Half Gill.
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL, HONGKONG.
1847.
+
HONGKONG
COLONIAL ORDINANCES.
1845 .
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL.
1847.
CONTENTS.
COLONIAL ORDINANCES OF 1845.
Page.
No. 1 OF 1845.-" An Ordinance for the Suppression of the Triad and other Secret Societies within
the Island of Hongkong and its Dependencies. [ 8th January, 1845.] " .. ... ... 1
No. 2 OF 1845.-" An Ordinance to raise an Assessed Rate on Lands, Houses, and Premises, within
the Colony of Hongkong, for the Upholding of the requisite Police Force therein. [ 23d May,
1845,] " ... ... ... ... ...
No. 3 OF 1845.-" An Ordinance for Licensing the Retail of Tobacco and Snuff within the Colony
of Hongkong and the Waters thereof. [ 7th July, 1845. ] " ... ... ... ... ... 7
No. 4 of 1845.-" An Ordinance to amend the Ordinance No. 11 of 1844, entitled, ' An Ordinance
for Licensing Public Houses, and for Regulating the Retail of Fermented and Spirituous Liquors
in the Colony of Hongkong. [ 7th July, 1845.] ” ... ... ... ... ... ... ... 9
No. 5 OF 1845.-" An Ordinance to Repeal Ordinance No. 21 of 1844, and to make better Provision
for Licensing the Weighing and Brokerage of Salt, and the Sale of Opium, Bhaang, Ganja, Paun,
Betel, and Betel Leaf, within the Colony of Hongkong, and for the Licensing of Pawnbrokers and
Auctioneers, with a Table of Fees on Official Licenses and Signatures. [12th July, 1845.] " ... 11
No. 6 of 1845.-" An Ordinance to Repeal Ordinance No. 15 of 1844, for the Establishment of a
Supreme Court of Judicature at Hongkong, and to substitute others Provisions in lieu thereof.
[ 19th August, 1845 . ] " ... ... ... ... ... ... ... 15
No. 7 of 1845.- " An Ordinance for the Regulation of Jurors and Juries. [ 19th August, 1845 . ] " ... 25
No. 8 OF 1845.-" An Ordinance to regulate Criminal Proceedings. [ 19th August, 1845. ] ” ... ... 31
No. 9 OF 1845.- " An Ordinance to invest the Supreme Court of Hongkong with a Summary
Jurisdiction in certain Cases. [ 19th August, 1845.] " ... ... ... ... ... ... 33
No. 10 of 1845.-" An Ordinance for the Naturalization of Aliens within the Colony of Hongkong
and its Dependencies. [ 1st October, 1845. ] " ... ... ... ... ... 43
No. 11 OF 1845.-" An Ordinance for the further Regulation of the Harbour of Hongkong, and to
repeal Ordinance No. 19 of 1844. [ 6th October, 1845. ] " ... ... ... ... 45
No. 12 of 1845.-" An Ordinance to Amend the Ordinance No. 1 of 1845, entitled, ' An Ordinance
for the Suppression of the Triad and other Secret Societies in the Island of Hongkong and its
Dependencies .' [ 20th October, 1845. ]" ... ... ... ... ... 51
No. 13 OF 1845.-" An Ordinance to Establish a Licensed Ghaut Serang in the Colony of Hongkong,
and for the better Regulation of Lascars resorting thereto. [ 25th October, 1845. ] * ... 53
No. 14 of 1845.-" An Ordinance to repeal Ordinance No. 5 of 1844, entitled, ' An Ordinance for
the Preservation of Good Order and Cleanliness within the Colony of Hongkong and its
Dependencies,' and to make other Provisions in lieu thereof. [ 26th December, 1845. ] " ... 55
DIEU E
DROIT
HONGKONG ,
ANNO OCTAVO
VICTORIÆ REGINÆ.
No. 1 of 1845 .
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
and Commander- in - Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the Suppression of the Triad and other Secret Title.
Societies within the Island of Hongkong and its Dependencies.
[ 8th January, 1845. ]
Preamble.
WHEREAS the Triad Society and other Secret Societies preva-
lent in China exist among the Inhabitants of the Island of Hongkong ;
and whereas these Associations have Objects in view which are
incompatible with the Maintenance of Good Order and constituted
Authority, and with the Security of Life and Property, and afford, by
means of a Secret Agency, increased Facilities for the Commission of
Crime and for the Escape of Offenders :
Be it therefore enacted and ordained by the Governor of
Members of the
Triad Society to be
Hongkong, with the Advice of the Legislative Council thereof, That considered guilty of
from and after the passing of this Ordinance, if any Person or Persons, Felony.
being of Chinese Origin, in the said Island or its Dependencies, shall
be a Member or Members of the Triad Society or other Secret Societies
as aforesaid, he, she, or they shall, in consequence thereof, be guilty
of Felony, and being duly convicted thereof, shall be liable to be
Imprisoned for any Term not exceeding Three Years, with or without
Hard Labour, and at the Expiration of such Term of Imprisonment,
that such Person shall be marked on the Right Cheek in the manner
usual in the case of Military Deserters, and be expelled from the
said Island.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 8th day of January, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
A
DIEU DROIT
HONGKONG ,
ANNO OCTAVO
VICTORIÆ REGINÆ.
No. 2 of 1845.
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to raise an Assessed Rate on Lands, Houses, and Title.
Premises, within the Colony of Hongkong, for the Upholding of the
requisite Police Force therein.
[23d May, 1845. ]
WHEREAS it is deemed expedient and necessary that the Preamble.
Colony of Hongkong should defray the Expenses attendant on the
upholding and maintaining the Police Force thereof :
I. Be it therefore enacted and ordained by the Governor of Valuator
Governor to apppoint
s ofthe Lands,
Hongkong, with the Advice of the Legislative Council thereof, That Houses, and Premises
it shall and may be lawful to and for the said Governor, with the within the Island.
Advice of the Executive Council, from Time to Time to appoint Two
or more Persons for the purpose of estimating the Annual Value of
the Lands, Houses, and Premises within the said Island, or within any
particular District thereof, which shall be in the Tenure or Occupation
of any Person or Persons ; and the said Valuators shall, when there-
unto required, make a Return in Writing and on Oath of such
Valuation to the said Governor and Council ; and also at the Time of
having valued each Property respectively, he or they shall leave or
cause to be left with some Inmate or the Proprietor thereof, a written
Notification of their having made such Valuation, and of the
Amount thereof.
II. And be it further enacted and ordained, That for the purposes Valuation may be
made Annually.
of this Ordinance, the said Governor and Council may cause a new
Valuation to be made Annually.
III.
COLONIAL ORDINANCES .
Assessment to be III. And be it further enacted and ordained, That for the purpose
made on the Annual
Valuation, and Provi- of levying the said Rate, a per Centage at such an Amount in the
sion for Periods
Payment, of Hundred as may annually be determined on by the Governor, with
Notice of
Assessment, Period of the Advice of the Executive Council, not exceeding such a Sum as
Payment, and Remedy shall be equal to the Expenses of the Police Establishment, shall be
for Non-payment.
assessed and paid in respect of every such Valuation by the Occupier
or Owner of each Parcel of Ground , House, or Building, within such
Time and Times as the said Governor, with the Advice of the said
Council, shall direct, or as is hereinafter provided. In the Absence
of such Direction, and in Default of the same being so paid, it shall
be lawful for any Person or Persons appointed to collect the said
Tax, to apply to the Chief Magistrate of Poliee of the Island, who shall,
on satisfactory Proof of the same having been duly demanded, and
being due and unsatisfied, grant his Warrant to levy the same by
Distress of any Goods on or in the Lands, Houses, or Premises so rated ;
and that any such Rate, while unpaid, shall be a Lien on the Property
so assessed or charged therewith : Provided always, that when and
so often as any Assessment shall be made on any such Valuation , the
Particulars and Nature of such Assessment shall be published in one
or more Public Newspapers of the said Colony.
Charitable Institu- VI. Provided always, that all Religious Edifices, Hospitals,
tions exempted from Cemeteries, and Buildings strictly and exclusively appropriated to
Assessment.
Charitable Purposes, and not being used as Dwelling- Houses, shall be
exempted from Assessment under this Ordinance.
Provisions for the V. And be it hereby enacted and ordained , That the Governor,
Appointment of Col- with the Advice of the Executive Council, shall have Power to appoint
lectors.
such Officer or Officers as may be deemed requisite for the Collection
of the Rate leviable under this Ordinance, allowing him or them, as
Remuneration for this Service, such a per Centage as to the Governor
in Council shall seem fit.
Collectors to make VI. And be it hereby enacted and ordained, That as soon after
Annual Returns and
Provision for their Pu- the First Day of January in each Year as may be found practicable,
blication. the Officer collecting the Assessment under this Ordinance shall
prepare a Detailed Statement exhibiting the Suns collected during the
Preceding Year, and the said Statement, duly attested by the said
Officer, shall be inserted in some Newspaper published within this
Colony, and shall also be open to general Inspection at the Office of
such Officer for One Month from and after the Date of its Publication.
Rate payable Quar- VII. And be it hereby enacted and ordained , That the said Rate
terly in Advance.
shall be payable Quarterly in Advance, unless otherwise prescribed
and directed, as hereinbefore mentioned , and that it shall be charged
and chargeable on the Lands, Dwelling-Houses, and Premises respec-
tively assessed, at the Time of such Assessment.
Exemption as to VIII. And be it hereby enacted and ordained, That the Owner of
Property not let, oc-
cupied, or used. any Land, Dwelling-house, or Premises assessed, which may not be let
to any Tenant, shall be deemed the Occupier thereof : Provided always,
that if such Owner can shew that the Property has not been
inhabited for a Period of Three Months or upwards in any Year, he
shall be entitled to a proportional Abatement of Assessment levied on
the same for the said Year.
IX.
LO
8° VICTORIE.- No. 2 of 1845. 5
IX. Provided always, That if any person from whom Payment Appeal against As-
sessment
of the Assessment leviable under this Ordinance may have been seen after Pay-
ment thereof.
demanded, and who shall have already paid in the Amount demanded
of him, objects to the Demand on any other Ground than that of
Valuation, it shall be competent to such Person, after Payment of the
Amount demanded, to Appeal against such Demand to the Chief
Justice of the Supreme Court at such Time and Place as the
said Chief Justice may be pleased to direct ; or that if any Person be
dissatisfied, or objects to any Valuation to be made under this Ordi-
nance on the ground of Over-valuation, he or they may, within the
period of Three Calendar Months after such Valuation, or when the
said Chief Justice may appoint or direct, appeal to him against such
Valuation, and that it shall be lawful for him, if he deem it advisable
or necessary, to have any Three Persons taken from the existing List
of Special Jurors to assist him in ascertaining the Question of Value
which may arise on any such Appeal.
X. And be it further enacted and ordained , That it shall and may Districts may be ex-
be lawful for the said Governor, with the Advice of the said Execu- empted.
tive Council, to exempt such Districts or Portions of the said Island
from the Operation of this Act, or from the Payment of the said Rates,
as to him and them may seem advisable.
XI. And be it hereby enacted and ordained, That no Assessment Interpretation Clause.
made under the Authority of this Ordinance shall be impeached or
affected by reason of any Mistake in the Name of any Person liable
to Assessment, or of any Thing chargeable with Assessment, provid-
ed the Directions of this Ordinance be in Substance and Effect com-
plied with.
XII. And be it further enacted and ordained, That this Ordi-
nance shall come into Operation and take Effect from and after the
First Day of July next ensuing.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 23d Day of May, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
B
DIE E DROIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINÆ.
No. 3 of 1845 .
Y His Excellency JOHN FRANCIS DAVIS , Esquire, Governor
and Commander-in -Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for Licensing the Retail of Tobacco and Snuff Title.
within the Colony of Hongkong and the Waters thereof.
[ 7th July, 1845. ]
WHEREAS it is expedient to make further Provision towards Preamble.
defraying the Civil Expenses of the Colony of Hongkong :
I. Be it therefore enacted and ordained by the Governor of No Person to retail
Hongkong, with the Advice of the Legislative Council thereof, That Cigars , Cheroots, Snuff,a
or Tobacco,
from and after the First Day of October next, no Person or Persons License for that pur-
pose.
shall Sell, or Barter, or Retail Cigars, Cheroots, Snuff, or Tobacco,
manufactured or unmanufactured, in less Quantities or Weights than
those hereinafter specified, without first duly having had and obtained
such License as is hereinafter directed for that Purpose ; that is to
say, no Person shall vend, sell, or barter Cigars and Cheroots in less
Number than One Thousand thereof at a time, or Snuff in a smaller
Quantity than One Pound weight, or Tobacco, manufactured or
unmanufactured , (except prepared in the state of Snuff,) in a smaller
or less Quantity than Two Pounds weight thereof at a time, without
such License for that purpose.
II. And it is hereby provided, That every such License shall be License how to be
obtained from, and granted by, the Colonial Secretary, on Payment of granted and Parti-
culars thereof.
a Fee of Twenty Dollars, who shall duly register the issuing thereof ;
and that the said License shall continue and be in Force from the
Day of the issuing thereof for a period of Twelve Months from the
Date of its being issued, which shall be duly specified in the said
License.
III.
8 COLONIAL ORDINANCES.
Penalties imposed III. And be it further enacted and ordained, That if from and
for
or Violatio n of this after the Time limited for this Ordinance to come into Operation and
the Infringement
Ordinance. Effect, any Unlicensed Person or Persons shall sell, vend, barter, or
retail Cigars, Cheroots, Snuff, or Tobacco, manufactured or unmanu-
factured, in less Quantities or Weights at a time than as above
prescribed and mentioned, he or they, for every such Offence, shall
be liable to a Penalty not exceeding Two Hundred Dollars, to be
recoverable in a Summary Manner before any Magistrate of Police,
and in Default of said Penalty being paid after Conviction , the same
shall be levied by Distress and Sale of the Offender's Goods and
Chattels ; and if there be no sufficient Distress, every such Offender
shall be liable to Imprisonment for a Period not exceeding One
Calendar Month : Provided always, that in case any such Conviction
shall take place and be had on the Evidence of any Common or Public
Informer, he or she shall be entitled to One Moiety of said Penalty.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 7th day of July, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
1
DIEN DROIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINEÆ.
No. 4 of 1845 .
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
of the and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to amend the Ordinance No. 11 of 1844, entitled, Title.
66
An Ordinance for Licensing Public Houses, and for Regulating the
Retail of Fermented and Spirituous Liquors in the Colony of Hongkong.
[7th July, 1845. ]
WHEREAS in and by the said Ordinance No. 11 of 1844, a Sum Preamble.
of Fifty Dollars is made payable on the Issuing or Registering of
each License for keeping a Public House, and the other Purposes in
said Act specified ; And whereas it is expedient that the said Sum or
Fee of Fifty Dollars should be increased to the Sum of One Hundred
Dollars.
Be it therefore enacted and ordained by the Governor of Fee on future Li-
Hongkong, with the Advice of the Legislative Council thereof, That censes andtoRenewals
be raised to
One Hun-
from and after the passing of this Ordinance, the Fee payable for and dred Dollars.
upon all such Licenses mentioned in said Ordinance ( No. 11 of 1844, )
and on all Renewals thereof as may hereafter be granted or issued,
shall be a Sum of One Hundred Dollars, in the Place and Stead of
the said Fee or Fifty Dollars .
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 7th Day of July, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
с
·
1
1
OFOIT
HONGKONG ,
ANNO NONO
VICTORIE REGINÆ.
No. 5 of 1845 .
Y His Excellency JOHN FRANCIS DAVIS, Esquire, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to Repeal Ordinance No. 21 of 1844, and to make Title.
better Provision for Licensing the Weighing and Brokerage of Salt,
and the Sale of Opium, Bhaang, Ganja, Paun, Betel, and Betel Leaf,
within the Colony of Hongkong, andfor the Licensing of Pawnbrokers
and Auctioneers, with a Table of Fees on Official Licenses and Signa-
tures.
[12th July, 1845. ]
WHEREAS it is expedient to raise such Funds as may be Preamble.
necessary to Defray the Civil Expenses of the Colony, and to Amend
the said Ordinance No. 21 of the year 1844.
I. Be it therefore enacted and ordained, with a view to the part No Person to act as
Performance of such Objects, by His Excellency the Governor of Salt,a Broker or Weigher
or retail of
Opium,
Hongkong, with the Advice of the Legislative Council thereof, That Bhaang, Ganja, Paun,
Betel, or Betel Leaf,
said Ordinance be and is hereby repealed, and that no Person shall, without a License.
within the said Colony of Hongkong, or its Dependencies, or the
Waters thereof, carry on the Trade or Occupation of a Broker or
Weigher of Salt, or barter, sell, or retail any Opium in a smaller
Quantity than One Chest, or barter, sell, or retail Bhaang, Ganja,
Paun, Betel, and Betel Leaf in any less Quantity than may hereafter
be determined in Manner hereinafter mentioned, without having pre-
viously obtained a License for that Purpose from the Governor for
the Time being in the Executive Council.
II.
12 COLONIAL ORDINANCES.
Powers of the Gov- II. And be it further enacted and ordained , That it shall be
ernor with to
the granting of such lawful for the said Governor for the Time being in said Executive
Licenses. Council to grant by License to one or more Persons the exclusive
Right and Privilege of exercising the Trade or Occupation of a
Broker or Weigher of Salt, or of selling or retailing Opium in any
Quantity less than One Chest, and of selling and retailing Bhaang,
Ganja, Paun, Betel, and Betel Leaf in any Quantity less than that
which may be determined on from Time to Time hereafter by the
said Governor, with the Advice of the said Council within the Colony
of Hongkong, and its Dependencies, and the Waters thereof.
Provisions respect-
III. And be it further enacted and ordained , That the said
ing the granting of
such Licenses. License or Licenses shall be granted to the highest Bidders for the
same respectively, to be ascertained by Public Auction, or by Tenders
to be sent in, in pursuance of Public Notice, to that effect, and on
such Conditions relative to the giving of Security for the Payment of
the Sum tendered , and for the Maintenance of Good Order, and the
Prevention of Riots or Disturbances among the Persons engaged in
the Salt Trade, or on the Premises of Persons retailing or selling
Opium , Bhaang, Ganja, Paun, Betel, and Betel Leaf, under such
License or Licenses within the said Colony of Hongkong or its Depen-
dencies, or the Waters thereof, and subject to such other Regulations
in all respects as from Time to Time to His Excellency the Governor,
with the Advice of the said Executive Council, may seem fit.
Penalties imposed on IV. And be it further enacted and ordained, That if any Person ,
Unlicensed Dealers. Without having obtained such License as aforesaid, shall exercise or
carry on the Trade or Occupation of Weighing Salt within the said .
Colony of Hongkong and its Dependencies, or the Waters thereof, or
shall sell, barter, or retail Opium in any Quantity less than One
Chest, or sell, barter, or retail Bhaang, Ganja, Paun, Betel, and Betel
Leaf, in any Quantity less than may be so determined on in Council
as aforesaid, or shall infringe any of the Regulations after Public
Notice thereof, from Time to Time to be established by the Governor
in Council under the Authority of this Ordinance, he shall be liable
to a Penalty not exceeding Five Hundred Dollars, to be recovered in
a Summary Manner before any Magistrate of Police ; and in Default
of the said Penalty being duly paid after Conviction , the same shall
be levied by Distress and Sale of the Offender's Goods and Chattels ;
and if there be no sufficient Distress, every such Offender shall be
liable to Imprisonment for a Period not exceeding Six Calendar
Months.
Power reserved to V. And be it further enacted and ordained, That it shall and
the GovernorinCouncil
to make further Regu. may be lawful to and for the said Governor in Council from Time to
lations
time. from time to Time to make such further Regulations or Orders as to him shall
seem fit, respecting the Weighing or Brokerage of Salt, or the Sale
of Opium, Bhaang, Ganja, Paun , Betel, and Betel Leaf, with the Power
to enforce the same by such Penalties as shall seem expedient,
provided always, that such Penalties shall not exceed those herein-
before imposed .
Power to Governor VI. And be it further enacted and ordained, That it shall and
in Council to make like
Regulations may be lawful to and for the said Governor, with the Advice of the
said
9º VICTORIE.-No 5 OF 1845.
13
said Council, to make hereafter all such Rules and Regulations as to Regulations for the
him may seem expedient concerning the Farming, Selling, and Re- Retailing of Bhaang,
tailing of Bhaang, Ganja, Paun, Betel, and Betel Leaf, and that in Ganja, Paun, Betel,
the making and enforcing of such Rules and Regulations, he shall and Betel Leaf, as for
Opium.
be vested with all and singular the Powers and Authority hereby
vested in him with respect to the Selling, Farming, and Retailing
of Opium .
VII. And be it further enacted and ordained, That no person No person to act as
Pawnbroker or Auc-
shall exercise or carry on the Trade or Occupation of a Pawnbroker, tioneer, or keep a
or of an Auctioneer, or shall keep a public Billiard Table, without without
Public Billiard Table,
a License for
having previously obtained a License from the Governor of Hongkong such purposes.
for the time being in Council, which License shall endure for the
Space of One Year from the Date thereof : Provided always, that
every Person taking out a Pawnbroker's or an Auctioneer's License,
or a License for a public Billiard Table, shall pay into the Colonial
Treasury such Sums as to His Excellency the Governor, with the
Advice of the Executive Council, may seem fit, the said Sums to be
paid previous to the granting of such License or Licenses.
VIII. And be it further enacted and ordained, That if any Under Penalty_not
exceeding Two Hun-
Person shall, without having obtained such Licenses aforesaid, carry area Dollars.
on or exercise the Trade or Occupation of a Pawnbroker, or Auctioneer,
or keep a public Billiard Table, or either or any of them, or shall be
convicted of exposing for Sale, or putting up any thing whatever to
Public Auction , or of taking any thing whatever in Pawn, he shall be
liable to a Penalty not exceeding Two Hundred Dollars to be recovered
in a Summary Manner before any Police Magistrate, and in Default
of Payment, the same to be levied by Distress and Sale of his Goods
and Chattels .
IX And be it further enacted and ordained, That the Governor Discretionary Power
in Council, if he see fit, shall be empowered to levy an Auction Duty Duty an Auction
of Two and a
of Two and a Half per Cent on all Sales by Auction within this Half per Cent on all
Sales.
Colony.
X. And be it further enacted and ordained, That every Person Auctioneer to make
Returns on
who shall act as an Auctioneer in the said Colony, shall make and oath, and deduct the
give, at the Office of the Colonial Secretary, once in every Three Auction Duties
Books being liable to
Months, a faithful and true Return on Oath of all the Sums received Inspection.
at Sales made by him as Auctioneer within the said Three Months,
and that every such Auctioneer shall, from every Sum received by
him on the Sale of any Article by him in that Capacity, deduct the
Sum sanctioned under this Ordinance, and pay the Amount thereof
into the Colonial Treasury Quarterly ; and the Books of such Auc-
tioneer shall at all Times be liable to Inspection by any Person or
Persons duly authorized by the Governor : and it is hereby declared,
that any such Auctioneer failing duly to comply with the Provisions
of this Section, shall be considered to have forfeited his License, and
such License shall be absolutely void by such Neglect or Default.
XI. And be it further enacted and ordained , That the following ,levied.
Official Fees to be
Official Fees, as set forth in the annexed Table, shall be levied and
D made
14 COLONIAL ORDINANCES.
made payable from and after the passing of this Ordinance- all Fees
so levied to be paid into the Colonial Treasury.
TABLE OF FEES.
1. For granting a Marriage License, $ 5.
2. For the Signature ofthe Governor, $5.
3. For the Signature of the Colonial Secretary, $ 2.
JOHN FRANCIS DAVIS ,
Governor, &c. &c.
Passed the Legislative Council of Hongkong ,
this 12th day of July, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DRALT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINA.
No. 6 of 1845.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to Repeal Ordinance No. 15 of 1844, for the Title.
Establishment of a Supreme Court of Judicature at Hongkong, and to
substitute other Provisions in lieu thereof.
[ 19th August, 1845. ]
WHEREAS it is expedient that the Matters embraced in Ordi- Preamble.
nance No. 15 relating to the Establishment of the Supreme Court of
Hongkong, Trial by Jury, Criminal Proceedings, and the Summary
Jurisdiction of the Court, should be provided for by separate and
distinct Ordinances :
I. Be it therefore enacted and ordained by His Excellency the Ordinance No. 15 of
1844 repealed.
Governor of Hongkong, by and with the Advice of the Legislative
Council thereof, That the said Ordinance No. 15 shall, from and after
the Passing of this Ordinance, be, and the same is hereby Repealed .
II. And be it further enacted and ordained, That from and after Former Court at
the Passing of this Ordinance, the Court at Hongkong with Criminal Hongkong abolished.
and Admiralty Jurisdiction, which has hitherto been holden by the
Chief Superintendent, shall be, and it is hereby Abolished.
III. And be it further enacted and ordained, That there shall be A Supreme Court of
within and for the Colony of Hongkong a Court, which shall be tuted Record to be insti-
therein.
called " The Supreme Court of Hongkong," and that the said Supreme
Court of Hongkong shall be a Court of Record .
IV.
16 COLONIAL ORDINANCES.
How far the Law of IV. And be it further enacted and ordained , That the Law of
England to prevail. England shall be in full Force in the said Colony of Hongkong,
except where the same shall be inapplicable to the Local Circum-
stances of the said Colony, or of its Inhabitants ; and that in all
Matters relating to the Practice and Proceedings of the said Supreme
Court, the Practice of the English Courts shall be in Force, unless
and until otherwise ordered by Rule of the said Court.
Constitution of Court. V. And be it further enacted and ordained , That the said
Supreme Court of Hongkong shall consist of, and be holden by and
before, a Judge to be called the Chief Justice of the Supreme Court
of Hongkong and its Dependencies, and to be appointed by Letters
Patent under the Public Seal of the Colony from Time to Time by
the Governor of Hongkong, in Accordance with such Instructions as
he may receive from Her Majesty, Her Heirs, and Successors ; and
such Chief Justice shall hold his Office during the Pleasure of Her
said Majesty, subject to Suspension by the Governor in like Manner
as other Officers in the said Colony : Provided that in case the said
Office of Chief Justice shall become Vacant by Death or otherwise,
it shall be lawful for the Governor to appoint another fit and proper
Person to fill the said Office of Chief Justice, until her said Majesty's
Pleasure be known ; or in case of the Temporary Illness or Absence
of the Chief Justice, it shall be lawful for the Governor to appoint
another fit and proper Person to fill the said Office of Chief Justice
until the Chief Justice shall resume the Duties of his said Office.
Seal of the Court. VI. And be it further enacted and ordained , That the said
Supreme Court shall have and use, as Occasion may require, a Seal,
bearing a Device and Impression of the Royal Arms, within an
Exergue or Label surrounding the same, with this Inscription, " The
Seal of the Supreme Court of Hongkong ;" and all Writs and other
Process issuing out of the said Court shall be sealed therewith.
Judges to hold no VII. And be it further enacted and ordained, That no Judge of
other Office of Profit. the said Supreme Court shall be capable of accepting, taking, or per-
forming, any other Office or Place of Profit or Emolument, on Pain
that the Acceptance of any such other Office or Place as aforesaid,
shall be and be deemed in Law de facto an Avoidance of his Office of
Judge, and the Salary thereof shall cease, and be deemed to have
ceased accordingly, from the Time of such Acceptance of any such
other Office or Place.
Officers ofthe Court. VIII. And be it further enacted and ordained, That there shall
be and belong to the said Supreme Court the following Officers, that
is to say, a Registrar, a Clerk, and an Interpreter thereof, and such
and so many other Officers, as to the Governor, or Acting Governor
for the time being, of the said Colony, shall from Time to Time appear
to be necessary for the Administration of Justice, and the due Exe-
cution of all the Powers and Authorities which are granted and com-
mitted to the said Court by this Ordinance.
Officers how to hold IX. And be it further enacted and ordained, That the several
Office.
Superior Officers of the said Court, who now are, or hereafter may
be appointed to their said Offices by Her Majesty, Her Heirs, and
Successors, shall hold their several Offices during the Pleasure of Her
said
9º VICTORIÆ.- No . 6 of 1845. 17
said Majesty, subject to Suspension by the Governor, in like Manner
as other Officers in the said Colony ; and that all other Officers shall
be removable from their several Offices in the said Court by the
Governor, or Acting Governor for the Time being, upon reasonable
Cause.
X. And be it further enacted and ordained, That the said Admission of Bar-
risters and Attorneys .
Supreme Court is hereby authorized and empowered to Approve,
Admit, and Enrol such Persons as shall have been admitted Barris-
ters or Advocates in Great Britain or Ireland, to practise as Barristers ;
and such Persons as shall have been admitted as Solicitors, Attorneys,
or Writers in one of the Courts at Westminster, Dublin, or Edin-
burgh, or as Proctors in any Ecclesiastical Court in England, or who
shall have served for a period of Three Years as an Articled Clerk to
any Solicitor, Attorney, or Proctor, actually practising as such within
the Colony of Hongkong, or shall have been admitted as Solicitors,
Attorneys, or Proctors, in any other of Her Majesty's British Colonies,
to practise as Solicitors, Attorneys, and Proctors in the said Court ;
subject nevertheless to be removed and struck off from the Rolls of
the said Court, upon reasonable Cause.
XI. Provided always, and be it further enacted and ordained, Fit persons to be
admitted to for
That in case there shall not be a sufficient Number of Barristers, Three Months in case
Solicitors, Attorneys, and Proctors within the said Colony, competent of Necessity.
and willing to appear and act for the Suitors of the said Supreme
Court, it shall be lawful for the said Court, and the said Court is
hereby authorized , to admit temporarily so many other fit and proper
Persons to appear and act as Barristers, Solicitors , Attorneys, and
Proctors, as may be necessary, according to such Rules and Regula-
tions as the said Court shall, for that purpose, make and establish :
Provided that the Persons so admitted shall be admitted for a period
of Three Months only, and shall not be re-admitted without obvious
Necessity.
XII. And be it further enacted and ordained, That the Sheriff of Sheriff of Hongkong
to execute Writs and
Hongkong for the Time being shall, by Himself or his sufficient Processes.
Deputy, (to be by him appointed, and duly authorized under his Hand
and Seal, and for whom he shall be responsible during his continuing
in such Office, ) execute, and the said Sheriff and his said Deputy is
and are hereby authorized to execute, all Writs, Summonses, Rules,
Orders, Warrants, Commands, and Processes of the said Supreme
Court, (other than such as shall be issued under the Summary
Jurisdiction of the said Court, as hereinafter provided by Ordinance
No. 6 of 1845 , ) and make a Return of the same, together with the
Manner of the Execution thereof, to the said Court, and to receive
and detain in Prison all such Persons as shall be committed to the
Custody of such Sheriff by the said Court.
XIII. And be it further enacted and ordained, That whenever the Process against She-
riff.
said Supreme Court shall direct or award any Process against the
said Sheriff, or award any Process in any Cause, Matter, or Thing
wherein the said Sheriff, on Account of his being related to the
Parties, or any of them, or by Reason of any good Cause of Challenge
which would be allowed against any Sheriff in England, cannot, or
ought not by Law to execute the same, in every such Case the said
E Court
18 COLONIAL ORDINANCES .
Court shall Name and Appoint some other fit Person to execute and
return the same, and the said Process shall be directed to the Person so
to be named for that purpose, and the Cause of such Special Proceed-
ings shall be suggested and entered on the Records of the said Court.
Jurisdiction ofCourt. XIV. And be it further enacted and ordained, That the said
Supreme Court shall have the same Jurisdiction in the said Colony of
Hongkong and its Dependencies, as Her Majesty's Courts of Queen's
Legal. Bench, Common Pleas, and Exchequer, lawfully have in England ; and
shall be a Court of Oyer and Terminer and Gaol Delivery, Assize, and
Nisi Prius .
Equitable. XV. And be it further enacted and ordained , That the said
Supreme Court shall be a Court of Equity, with such and the like
Jurisdiction as the Court of Chancery in England ; and shall have and
execute all and singular the Powers and Authorities ofthe Lord High
Chancellor of Great Britain, with full Liberty to appoint and control
Guardians of Infants, and their Estates, and also Keepers of the Persons
and Estates of Idiots, Lunatics, and such as being of Unsound Mind,
are unable to govern Themselves and their Estates.
Ecclesiastical. XVI. And be it further enacted and ordained, That the said
Supreme Court shall be a Court of Ecclesiastical Jurisdiction , with full
Power to grant Probates, under the Seal of the said Court, of the last
Wills and Testaments of all or any of the Inhabitants of the said
Colony and its Dependencies, and all other Persons who shall die, and
leave personal Effects within the said Colony and its Dependencies ;
and to commit Letters of Administration , under the Seal of the said
Court, of the Goods, Chattels, Credits, and all other Effects whatsoever
of the Persons aforesaid, who shall die Intestate, or who having left a
Will, shall not have named an Executor resident within the said
Colony or its Dependencies ; or where an Executor, resident as
aforesaid, being duly cited, shall not appear and sue forth such
Probate ; annexing the Will to the Letters of Administration, when
such Persons shall have left a Will without naming an Executor ; or
where an Executor shall have been named not resident within the
said Colony ; or where an Executor shall have been named resident
within the said Colony or its Dependencies, but who, being duly cited
thereunto, shall not appear and sue forth a Probate thereof; and to
sequester the Goods and Chattels, Credits, and other Effects what-
soever of such Persons so dying, in Cases allowed by Law, as the
same is and may be now used in the Diocese of London : and to
Demand, Require, Take, Hear, Examine, and Allow, and, if occasion
require, to Disallow and Reject the Account of them, in such Manner
and Form as may be used in the said Diocese, and to do all other
things whatsoever needful and necessary in that behalf.
Court to reserve
XVII. Provided always, and be it further enacted and ordained,
Power of Revocation. That the said Supreme Court is hereby authorised and required,
where Letters of Administration shall be committed with the Will
annexed for want of an Executor applying in due Time to sue forth
the Probate, to reserve in such Letters of Administration full Power
and Authority to revoke the same, and to grant Probate of the said
Will to such Executor, whenever he shall duly appear and sue forth
the same.
XVIII.
9º VICTORIE. - No . 6 of 1845. 19
XVIII. And be it further enacted and ordained, That the said Court to grant Let-
ters of Administration
Supreme Court shall grant and commit Letters of Administration to to Next of Kin or to
any one or more of the lawful Next of Kin of Persons so dying as the Registrar.
aforesaid, being then resident within the Jurisdiction of the said
1 Court, and being of the Age of Twenty-one Years ; and in case no
such Person shall then be residing within the Jurisdiction of the said
Court, or, being duly cited, shall not appear and pray the same, to
the Registrar of the said Court, or to such Person or Persons, whether
Creditor or Creditors, or not, of the deceased Person, as the Court
shall see fit : Provided always, that Probates of Wills, and Letters of
Administration to be granted by the said Court, shall be limited to
such Money, Goods, Chattels, Credits, and Effects as the deceased
Person at the Time of his or her Death shall have been entitled to
within the said Colony of Hongkong and its Dependencies.
XIX. And be it further enacted and ordained, That every Person Administrator to
to whom Letters of Administration shall be committed shall, before enter into Bond.
the granting thereof, give sufficient Security, by Bond to be entered
into to Her Majesty, Her Heirs, and Successors, for the Payment of
a certain Sum of Money with One, Two, or more Sureties, respect
being had to the Value of the Estates, Credits, and Effects of the
Deceased ; which Bond shall be deposited in the said Court among
the Records thereof, and there safely kept, and a Copy thereof shall
be also recorded among the Proceedings of the said Court ; and the
Condition of the said Bond shall be to the following Effect, " that if Condition of Bond.
"the above bounden Administrator of the Goods, Chattels, and Effects
" of the Deceased, do make, or cause to be made, a true and perfect
66
Inventory of all and singular the Goods, Credits, and Effects of the
" said Deceased, which have or shall come to the Hands, Possession ,
" or Knowledge of him the said Administrator, or to the Hands or
" Possession of any other Person or Persons for him, and the same
" so made do exhibit into the Supreme Court of Hongkong, at or
" before a Day therein to be specified ; and the same Goods, Chattels,
66
Credits and Effects, and all other the Goods, Chattels, Credits, and
" Effects of the Deceased at the Time of his Death, or which at any
"time afterwards shall come to the Hands or Possession of such
" Administrator, or to the Hands or Possession of any other Person
" or Persons for him, shall well and truly administer according to
66
Law ; and further shall make, or cause to be made, a true and just
"Account of his said Administration, at or before a Time therein to
" be specified, and afterwards from Time to Time as he, she, or they
66
shall be lawfully required ; and all the Rest and Residue of the said
"Goods, Chattels, Credits, and Effect which shall be found from Time
"to Time remaining upon the said Administration Account, the same
66
being first examined and allowed by the said Court, shall and do
66 pay and dispose of in a due course of Administration, or in such
66
Manner as the said Court shall direct, - then this Obligation to be
"Void and of none Effect, or else to be and remain in full Force and
66
Virtue." And in case it shall be necessary to put the said Bond . How Bond to be put
in Suit, for the sake of obtaining the Effect thereof for the Benefit ofin Suit.
such Person or Persons as shall appear to the said Court to be
interested therein, such Person or Persons from Time to Time giving
satisfactory Security for Paying all such Costs as shall arise from
the said Suit, such Person or Persons shall, by Order of the said
Court, be allowed to sue the same in the Name of the Attorney-
Generál
20 COLONIAL ORDINANCES .
General for the Time being of the said Colony, and the said Bond
shall not be sued in any other Manner.
Court to fix Periods XX. And be it further enacted and ordained, That the said
at which Accounts
shall be passed. Supreme Court shall fix certain Periods when all Persons to whom
Probates of Wills and Letters of Administration shall be granted by
the said Court shall from Time to Time, until the Effects of the
Deceased Persons shall be fully administered, pass their Accounts
relating thereto before the said Court ; and in case the Effects of the
Deceased shall not be fully administered within the Time for that
Purpose to be fixed by the said Court, then, or at any earlier Time,
if the said Court shall see fit so to direct, the Person or Persons to
whom such Probate or Administration shall be granted shall pay,
deposit, and dispose of the Balance of Money belonging to the Estate
of the Deceased then in his, her, or their Hands, and all Money which
shall afterwards come into his, her, or their Hands, and also all
Precious Stones, Jewels, Bonds, Bills, and Securities belonging to the
Estate of the Deceased, in such Manner, and unto such Persons, as
the said Court shall direct for safe Custody ; and the said Court shall
from Time to Time make such Order as shall be just for the due
Administration of such Assets, and for the Payment or Remittance
thereof, or any Part thereof, as Occasion shall require, to or for the
Use of any Person or Persons, whether Resident or Non -resident in
the said Colony and its Dependencies, who may be entitled thereto,
or any Part thereof, as Creditors, Legatees, or Next of Kin, or by any
other Right or Title whatsoever.
Allowances to be XXI. And be it further enacted and ordained, That it shall and
made to Executors or
Administrators. may be lawful for the said Supreme Court to allow to any Executor
or Administrator of the Effects of any Deceased Person (except as
herein mentioned) such Commission or Per Centage out of their
Assets as shall be just and reasonable for their Pains and Trouble
therein Provided always, that no Allowance whatever shall be made
for the Pains and Trouble of any Executor or Administrator who
shall neglect to pass his Accounts at such Time, or to dispose of any
Money, Goods, Chattels, or Securities with which he shall be charge-
able, in such Manner as, in pursuance of any general or special Rule
or Order of the said Court, shall be requisite ; and moreover, every
such Executor or Administrator so neglecting to pass his Accounts,
or to dispose of any such Money, Goods, Chattels, or Securities with
which he shall be chargeable, shall be charged with Interest at the
Rate then current within the said Colony and its Dependencies, for
such Sum and Sums of Money as from Time to Time shall have been
in his Hands, whether he shall or shall not make Interest thereof.
Payment of Money XXII. And be it further enacted and ordained : That where
into Treasury.
Letters of Administration or " ad colligenda bona” have been granted
to the Registrar under an Act of Parliament passed at a Session
39 & 40 Geo. 3, c.
79. s. 21. holden in the 30th & 40th Years of the Reign of King George the
Third, intituled An Act for establishing further Regulations for the
Government of the British Territories in India, and the better Adminis-
tration of Justice within the same, or otherwise as Registrar, he shall,
within Fourteen Days after receiving any Money belonging to any
Estate to the Amount of One Hundred Dollars, clear of all just
Allowances and Deductions for Commission, pay the same into the
Hands
9º VICTORIE.- No 6 of 1845 . 21
Hands of the Colonial Treasurer to the Credit of the said Estate,
unless the Chief Justice, upon a written Statement of Facts, shall
report that it will be more expedient for the said Estate to be other-
wise held or disposed of ; and such Treasurer shall receive from the
Registrar, as Administrator as aforesaid under the Statute, all such
Sums of Money as he shall tender to him, and shall carry the same
to the Credit of such Estates as the said Registrar shall specify, giving
him at the same time a Receipt for the specific Sums so paid in ; and
whenever the said Registrar shall have Occasion to draw any Sum of
Money out of the Hands of such Treasurer, he shall apply by Petition
to the Court, or to the Chief Justice at Chambers, for an Order for
the Payment thereof, stating in such Petition the Purpose for which
such Money is required ; and such Treasurer shall not pay over any
Moneys which may have been paid into his Hands as aforesaid without
such Order.
XXIII. And be it further enacted and ordained , That it shall be Power to regulate
lawful for the said Supreme Court to make and prescribe such Rules Sittings ofthe
and to make Court,
Rules and
and Orders, touching the Times and Place of holding the Court, Form Orders.
of Process, Pleadings, and other Business and Proceedings of the
said Court, and of the Fees payable therein, as to the said Court
shall seem fit, and such Rules and Orders from time to time to alter,
amend, or revoke, as Occasion may require.
XXIV. And be it further enacted and ordained, That if any Arrest allowed in
case of Debtors being
Person shall have a Claim or Ground of Action, of whatever Nature, about leave the
against any other Person who shall be about to leave the said Colony, Colony.
and to proceed to Parts beyond the Jurisdiction of the said Supreme
Court, or who may reasonably be suspected of an Intention so to do,
either for the purpose of avoiding Process in such Action, or other-
wise, whereby the Recovery of any Debt or Damages may be delayed ,
and the Party having such Claim or Ground of Action as aforesaid,
or some Person on his Behalf, shall produce to the said Chief Justice
an Affidavit of such his Right of Action, and of the Intention of such
other Party to leave the said Colony, and to proceed to Parts beyond
the Jurisdiction of the said Court, and shall also state in such Affidavit
the Grounds upon which he believes that the other Party is about to
leave the said . Colony as aforesaid, -in such case it shall be lawful for
the said Chief Justice, if he shall think fit, to order a Writ of Capias
ad Respondendum, (in the Form given in the Schedule hereunto
annexed, marked No. 1 , ) to be issued to take and arrest the Body of
such other Party so about to leave the said Colony ; in which said
Writ the Amount of the Debt or Damages demanded, or the Value
of the Property sought to be recovered, shall be truly specified, and
the Costs and Charges of issuing the said Writ shall be indorsed
thereon by the Registrar of the said Court ; and of which said Writ
the Sheriff, or his lawful Deputy, shall, upon any Arrest to be made
by virtue thereof, give to the Defendant a true Copy : Provided Bail-bond.
always, that if upon any such Arrest the Defendant shall give to the
Sheriff reasonable Security by Bond or Obligation of the said De-
fendant, and of one or more other Person or Persons having sufficient
Property within the said Colony, as Surety or Sureties that the
Defendant shall appear according to the Exigency of the said Writ,
and shall also stand to, abide, and perform the Judgment of the said
Court thereon, or render himself to the Prison of the said Court in
F Execution
22 COLONIAL ORDINANCES .
Execution for the same ; and that the said Defendant shall not, from
and after the Date of such Bond or Obligation, remove or withdraw
any of his Property from and out of the Jurisdiction of the said
Court, so as to evade the Judgment thereof, if the same shall be for
the Plaintiff (which said Bond or Obligation shall, as near as may be,
be in the Form given in the Schedule hereunto annexed marked No.
2. ) ; or if the Defendant shall pay to the Sheriff or his Deputy a
sufficient Sum of Money to cover the Amount of the Debt or Damages
mentioned in the Writ, together with the Cost and Charges indorsed
thereon, and a further Sum of Five Dollars for the Charges of making
the Arrest ; or shall deliver to the said Sheriff or his Deputy the
Property specified in the said Writ, or the Value thereof, either as a
Deposit or Security in lieu of giving a Bail-bond, or in Satisfaction
of the Suit or Action, -then the said Sheriff shall permit the said
Defendant to go at large, and free of the said Arrest as to such Suit
or Action.
Malicious Arrest. XXV. And be it further enacted and ordained, That if upon the
Trial of any Suit or Action in which the Defendant shall have been
so arrested or held to bail as aforesaid, it shall appear to the said
Supreme Court that the Arrest of the Defendant was Vexatious and
Malicious, and without any reasonable or probable Cause, and that
the Order for such Arrest was obtained upon a wilful Misrepresen-
tation of the Facts of the case, it shall be lawful for the Chief Justice
of the said Court in his Discretion to order and adjudge the Plaintiff
in such Suit or Action to pay to the Defendant the Costs of such
Arrest or Holding to Bail, together with such further Sum of Money
as to the said Chief Justice shall seem fit, as a reasonable Compen-
sation to the said Defendant for having been so arrested or held to
bail ; and in Default of Payment of any Sum of Money so ordered to
be paid as aforesaid, it shall be lawful for the said Chief Justice, and
he is hereby authorized, to commit the said Plaintiff to the Prison of
the said Court until the same shall be paid : Provided, that in any
Case in which Compensation shall have been awarded as aforesaid, it
shall not be lawful for the Defendant to proceed against the Plaintiff,
by Action or otherwise, for the Recovery of any other or further
Sum of Money by way of Damages for such Arrest or Holding to Bail.
Allowance of Ex- XXVI. And be it further enacted and ordained, That it shall
penses and Compensa- and may be lawful to and for the said Supreme Court, in all Pro-
ceedings therein, whether of a Civil or Criminal Nature, to order and
allow to all Persons examined or detained as Witnesses in any such
Proceeding, such Sum or Sums of Money as to the said Court shall
seem fit, as well for defraying the reasonable Expenses of such
Witnesses, as for affording them a reasonable Compensation for their
Trouble and Loss of Time.
Punishment of Wit- XXVII. And be it further enacted and ordained , That if any
nesses for Non-atten-
dance, and of Persons Person served with a Subpoena to attend the said Supreme Court as
guilty of a Contempt a Witness in any Suit or Action therein, or upon the Trial of any
of Court.
Indictment or Information , shallrefuse or neglect to attend the said
Court pursuant to such Subpoena, or if any Person shall be guilty of
any Contempt before the said Court, it shall be lawful for the said
Court to punish any such Person in a Summary Way, by Fine not
exceeding One Hundred Dollars, or by Imprisonment for any Time
not
9º VICTORIE.- No. 6 OF 1845. 23
not exceeding Two Calendar Months : Provided, that nothing herein
contained shall effect or abridge the Right of any Plaintiff or Defendant
to proceed against any Party for not appearing pursuant to his
Subpoena, for the Recovery of any Special Damage such Plaintiff or
Defendant may have sustained by reason of the Disobedience of any
such Party .
XXVIII. And be it further enacted and ordained, That if in any Perjury.
Suit or Action, or in any Proceeding connected therewith, it shall
appear to the Chief Justice of the said Supreme Court, that any
Person examined as a Witness upon Oath, or, if a Quaker, on Affir-
mation, has committed wilful and corrupt Prejury, or that any Person,
in swearing or affirmation in any Affidavit or Affirmation required
to be made before the said Chief Justice, has been guilty of the like
Offence, then, and in each and every such Case, it shall and may be
lawful for the said Chief Justice to direct a Prosecution for Perjury
to be forthwith instituted against any such Person so falsely swearing
or affirming as aforesaid, in order that he or she may be punished
according to Law ; or where such Perjury is committed by any Person
examined as a Witness in open Court, it shall be lawful for the said
Chief Justice, instead of directing such Prosecution to be instituted
as aforesaid, either to commit such Witness, as for a Contempt of the
Court, to the Prison of the said Court, for any time not exceeding
Two Calendar Months, or to fine such Witness in any Sum not
exceeding One Hundred Dollars : Provided, that the Powers herein-
before given shall be in full Force and Operation, notwithstanding
any Irregularity or Want of Form in the Administration of the
Oath or Affirmation .
XXIX . And be it further enacted and ordained, That the Go- Writ of Error.
vernor, in his Executive Council, shall constitute and be a Court of
Error and Appeal, to whom it shall be lawful for any Party to appeal,
by Writ of Error or Petition , from any Decision, Decree, or Order of
the said Supreme Court, in all matters of Law and Equity, where the
Matter in Dispute shall Amount to the Sum of One Thousand Five
Hundred Dollars, but not otherwise : Provided, that no such Writ of
Error or Petition shall be allowed after the Expiration of Fourteen
Days next after the Decision , Decree, or Order of the said Court shall
have been pronounced .
XXX . And be it further enacted and ordained, That in the Interpretation Clause.
Construction of this Ordinance, wherever, in describing any person or
Party, Matter or Thing, the Word importing the Singular Number
or the Masculine Gender only is used, the same shall be understood
to include, and shall be applied to, Several Persons or Parties as well
as One Person or Party, and Females as well as Males, and Several
Matters or Things as well as One Matter or Thing, respectively, unless
there be something in the Subject or Context repugnant to such
Construction .
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 19th day of August, 1845 .
ADOLPHUS E. SHELLEY ,
Clerk of Councils.
24 COLONIAL ORDINANCES .
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
No. 1.
Writ ofCapias ad Respon- Writ of Capias ad Respondendum.
dendum Sec. 24.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy, Greeting :
We command you that you take C. D. of Street in Victoria, Merchant
(or as the case may be) if he be found in this Colony, and him safely keep , until he shall
have given you bail, or made deposit with you according to Law, or until the said C ' . D.
shall by other lawful Means be discharged from your Custody, so that he appear before
our Chief Justice of the Supreme Court of our said Colony at Victoria within Eight Days
after the Execution hereof on him, inclusive of the Day of such Execution, then and there
to answer A. B. wherefore he hath not [ " paid to the said A. B. the Sum of
Dollars of good and lawful Money current in the said Colony which he owes to, and
unjustly detains from him," or " hath not delivered to the said A. B. a certain Boat, together
with its Oars, Furniture, &c." or " other moveable Thing which the said C. D. unlawfully
detains from the said A. B.," or " hath not satisfied the said A. B. his Damages, which
the said A. B. hath sustained in respect of," &c., (stating any Wrong or Injury committed
by the Defendant, as the case may be ) as it is said ; ] and in Default of such Appearance,
after having given a Bail-bond, the Plaintiff to be at liberty to proceed against the Sheriff
or on the Bail-bond ; and we do further command you, that on Execution hereof, you do
deliver a Copy hereof to the said Defendant ; and we do further command you, that
immediately after the Execution hereof, you do return this Writ to our said Supreme
Court of Hongkong, together with the Manner in which you shall have executed the same,
and the Day of the Execution thereof.
Witness the Honourable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign,
G. H. No.
Street Victoria,
Plaintiff's Attorney
(or ifthe Plaintiff sue in person)
A. B. of
Plaintiff.
No. 2 .
Bail-bond to the Sheriff. Form of Bail-bond.
Sec. 24.
KNOW all men by these Presents, that we, C. D. of and L. M.
of are held and firmly bound to Sheriff of the
Colony of Hongkong in the penal Sum of Dollars (Double the Sum or
Value of the Thing mentioned in the Writ ) of good and lawful Money current in the said
Colony, to be paid to the said Sheriff, or his certain Attorney, Executors, Administrators,
or assigns ; for which Payment to be well and faithfully made we bind ourselves, and
each of us for himself, in the whole , our and every of our Heirs, Executors, and Adminis-
trators, firmly by these Presents.
In Witness whereof we have hereunto set our Hands and Seals this Day
of in the Year of our Lord
Condition. The Condition of this Obligation is such, that if the above bounden C. D. do appear in
person, or by his Attorney, before the Chief Justice of the Supreme Court of our Lady the
Queen of the Colony of Hongkong on the Day of to
answer A. B. wherefore (following the Statement in the Writ of Capias ad Respondendum)
and also shall stand to, abide, and perform the Judgment of the said Court thereon, or
render himself to the Prison of the said Court in Execution thereof, and shall not remove
or withdraw any of his Property from and out of the Jurisdiction of the said Court, then
this Obligation to be void, otherwise to remain in full Force.
C. D. (L. S. )
L. M. (L. S. )
Signed, Sealed, and Delivered
in the presence of
M. N.
O. P.
DIEU OROIT
HONGKONG ,
ANNO NΟΝΟ
VICTORIE REGINÆ.
No. 7 of 1845.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
of the Colony Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the Regulation of Jurors and Juries. Title.
[ 19th August, 1845. ]
WHEREAS, owing to the Smallness of the Population at present Preamble.
existing in the Colony of Hongkong, very great Hardship and
Inconvenience would be entailed upon such of the Inhabitants thereof
as are fit and qualified to act as Jurors, by requiring, according to
the Law and Custom of England, the full Number of Twelve Persons
to constitute a Jury upon the Trial of Civil and Criminal Proceedings :
I. Be it therefore enacted and ordained by the Governor of Number of Jurors.
Hongkong, with the Advice of the Legislative Council thereof, That
all Questions of Fact, whether of a Civil or Criminal Nature, upon
which Issue shall be taken in the Course of any Proceeding before the
Supreme Court, and all Questions of Idiotcy, Lunacy, or Unsoundness
of Mind, shall be decided by the Verdict of a Jury of Six Men.
II. And be it further enacted and ordained , That every Male Who qualified and
liable to serve as Com-
Person between the Ages of Twenty-one Years and Sixty Years, being mon Jurors.
of Sound Mind, and not afflicted with Deafness, Blindness, or other
Infirmity, who shall hold Property in Lands, Houses, Buildings, or
Tenements, of the Monthly Value of Twenty-five Dollars or upwards,
either in his own Right, or as Tenant to any other Person, or who
shall be in the Receipt of an Annual Salary or Income of not less
G than
26 COLONIAL ORDINANCES.
than One Thousand Dollars per Annum, within the said Colony of
Hongkong, and who shall reside within the same, shall be qualified
and liable to serve as a Common Juror therein : Provided that no
Person holding any Office or Situation of Emolument under the
Government of Hongkong, nor any Barrister, Physician, Attorney, or
Surgeon actually practising as such within the said Colony, nor any
Clergyman, or Dissenting Minister, nor any Officer employed in the
Military or Naval Service of Her Majesty or the East India Company,
shall be, or be deemed liable to serve as a Juror in any Case.
Special Jury. III. And be it further enacted and ordained, That if either the
Plaintiff or the Defendant in any Suit or Action, or the Prosecutor
or Defendant in any Indictment or Information, other than for
Treason or Felony, shall be desirous of having such Suit or Action,
Indictment or Information, tried by a Special Jury, (such Special
Jury to consist of Six Men qualified as hereinafter mentioned ) it
shall be lawful for the Court, upon Motion for that Purpose, to order
and appoint a Special Jury to be struck before the Registrar, or
other Officer of the Court, for the Trial of any Issue joined in any of
the said Cases, and triable by a Jury, in such Manner as is usual in
England, or as the Court shall direct : provided that the Party
applying for such Special Jury, and who shall have obtained a Rule
or Order of the Court for that Purpose, shall, on entering the Cause
for Trial, deposit with the Registrar, or other Officer of the Court, a
Sum sufficient to cover the Expenses of the Special Jury otherwise
the said Rule or Order of the Court to be of no Effect.
Qualification of Spe- IV. And be it further enacted and ordained , That every Male
cial Jurors.
Person between the Ages of Twenty-one Years and Sixty Years, being
of Sound Mind, and not afflicted with Deafness, Blindness, or other
Infirmity, who shall be an Esquire or Person of higher Degree, or
who shall carry on the Trade or Business of a Banker or Merchant
within the said Colony of Hongkong, and who shall reside within the
same, shall be qualified and liable to serve as a Special Juror therein :
Provided, that no Person who is hereinbefore exempted from serving
as a Common Juror shall be liable to serve on any Special Jury.
Sheriff to make out V. And be it further enacted and ordained, That from and
Jury Lists,
mit same to and trans- immediately after the Publication of this Ordinance, the Sheriff of
Registrar.
the said Colony of Hongkong shall make or cause to be made out,
Two separate and distinct Lists, in Alphabetical Order, of all Men
who shall be qualified and liable to serve as Common or Special
Jurors as aforesaid, setting forth the Christian and Sirnames of each
at full Length, together with his Place of Abode, and shall sign and
transmit Copies of such Lists to the Registrar of the said Supreme
Court, which Lists, when so transmitted, shall be called respectively
the " Common Jurors List," and the " Special Jurors List," and shall
be in Use until the First Day of March, 1846.
Penalty on Sheriff VI. And be it further enacted and ordained, That if any Sheriff,
for Neglect of Duty. Or other Minister or Officer, shall wilfully insert or omit, in the Lists
of Jurors, the Name of any Man which ought not to be so inserted
or omitted, according to the Lists of Jurors so to be made out as
aforesaid, or shall fail to sign and transmit correct Copies of such
Lists
9º VICTORIE.- No . 7 of 1845 . 27
Lists to the said Registrar as hereinbefore directed , or shall otherwise
fail well and truly to do and perform all and every the Acts, Matters,
and Things, hereby required to be by him performed , such Sheriff or
other Minister, or Officer, shall be fined at the Discretion of the said
Court.
VII. And be it further enacted and ordained, That on or before Jury List to be in
the First Day of January which will be in the Year of our Lord One use for One Year.
Thousand Eight Hundred and Forty-six, and on or before the First
Day of January in each and every subsequent Year, the said Sheriff
shall make out and transmit Two fresh Jury Lists in Manner and
Form as hereinbefore directed ; and all such fresh Jury Lists, when
so transmitted, shall be brought into Use the First Day of March
then next following, and shall continue to be used for One Year then
next ensuing.
VIII. And be it further enacted and ordained, That whenever it Order of summoning
shall be requisite to summon a Jury, the Sheriff shall summon the Juries.
Persons whose Names shall appear on the Jury List, in the Order in
which they shall be placed ; and at the Commencement of every
Year, he shall begin with the Names in the new List next after the
Names of the Persons who were last summoned in the preceding Year.
IX. And be it further enacted and ordained, That the Sheriff Summons.
shall, before the Sitting of any Court whereat a Jury shall be necessary,
issue Summonses according to the Form in the Schedule hereunto
annexed, requiring the Attendance thereat of Eighteen good and
lawful Men qualified and liable to serve as aforesaid , and not being
of Affinity or Kin to either of the Parties to the Suit or Prosecution ;
and that every such Summons shall be personally served upon, or
left at the usual Place of Abode of, the Person summoned, Two clear
Days before the Day appointed for the Sitting of the Court.
X. And be it further enacted and ordained, That the Sheriff Panel.
shall also, at the same Time, cause to be delivered to the Registrar,
or Clerk (as the Case may be) of the said Court, a Panel containing
the Names, Places of Abode, and Additions, of the Persons so
summoned.
XI. And be it further enacted and ordained, That if any Juror, Penalty for Non-at-
tendance.
having been duly served with such Summons, shall fail to attend, or,
being present, shall not appear when called, or after Appearance
shall withdraw himself without the Permission of the Court, the said
Court shall (unless some reasonable Excuse be proved on Oath or
Affidavit, or otherwise to the Satisfaction of the Court) set upon the
Person so making Default such Fine, not exceeding, in the Case of a
Common Juror, the Sum of One Hundred Dollars, and in the Case of
a Special Juror not exceeding the Sum of Two Hundred Dollars, as
to the said Court shall seem meet.
XII. And be it further enacted and ordained , That at the Sitting Jury to be balloted
of the Court the Names of all the Jurors summoned shall be written for.
on separate Pieces of Card or Paper of equal Size and put into a Box,
and the Registrar or Clerk of the said Court shall, in open Court,
draw
28 COLONIAL ORDINANCES.
draw therefrom until Six Jurors appear, who, after all just Causes
of Challenge allowed , shall remain as fair and indifferent, and the
same shall be done whenever it shall be necessary to form a new Jury.
No Challenge except XIII. And be it further enacted and ordained, That no Person
for Cause.
who shall be put upon his Trial either for Treason, Felony, or
Misdemeanour, shall be allowed to Challenge any of the Jurors except
for Cause.
Talesmen. XIV. And be it further enacted and ordained, That whenever
there shall be a Deficiency of Jurors, it shall be lawful for the Court,
at the Prayer of either of the Parties in the Cause, with or without
the Consent of the Opposite Party, to put upon the Jury so many
good and lawful Men of the Bystanders, as shall be sufficient to make
up the full Number thereof.
As to Jury for New XV. And be it further enacted and ordained, That the Names
Cases.
of the Persons sworn as Jurors, in Manner aforesaid, shall be marked
on the List ; and those Names so drawn shall be kept apart by
themselves until such Jury shall have given in their Verdict, and the
same shall be recorded, or until such Jury shall, by Order of the Court,
be discharged ; and then the said Names shall be returned to the
Box, there to be kept with the other Names remaining at that Time
undrawn ; and so often and so long as any Case remains to be tried ;
provided always, that if any Case shall be brought on to be tried in
the said Court, before the Jury in any other case shall have brought
in their Verdict, it shall be lawful for the said Court to order another
Jury to be drawn from the Residue of the said Papers, 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, 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, without
their Names being returned to the Box and redrawn, or to order the
Name or Names of any Person or Persons 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 or other
Names 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 and be
approved as indifferent ; and so as often and as long as any Case
remains to be tried.
How Jury, when XVI. And be it further enacted and ordained, That after the
sworn or with
any Prisoner, to be Jury in any case shall have been sworn, or charged with any Prisoner,
kept. they shall be kept in some convenient Place in Court apart by
themselves, until the Chief Justice of the said Court has summed up
the Evidence, and has left the Case with the said Jury ; and if any
such Jury shall desire to withdraw for the purpose of considering
their Verdict, then they shall be kept by an Officer of the Court in
some convenient Place apart by themselves until they are agreed
upon their Verdict, or be discharged therefrom by the Court ; and
the said Officer shall be sworn that he will suffer none to have Access
to them, or speak to them, and that he will not speak to them himself,
except
9° VICTORIE.- No . 7 OF 1845. 29
except to ask whether they are agreed upon their Verdict, or to
communicate between them and the Court.
XVII. And be it further enacted and ordained, That whenever How Jury to be kept
when necessary to ad-
it may be necessary for the Court to adjourn the further Sitting of journ the Court.
the said Court during the Trial of any Case, it shall be competent to
the Court to direct the said Jury to be removed to some convenient
Place in the Neighbourhood of the Court during the said Adjournment,
under the Charge of a proper Officer of the Court.
XVIII. And be it further enacted and ordained, That if, during Provision in case of
Death or Disability of
the Trial of any Action , Indictment, or Information, any one or more Juror.
of the Jurors, not exceeding the Number of Three, shall be disabled
by Death, Illness, or bodily Infirmity, from serving on the Jury, it
shall be lawful for the Court in its Discretion to order the Trial of
such Action, Indictment, or Information, to be proceeded with in like
manner as if the full Number of Jurors had continued to serve on
the Jury, and any Verdict returned by the remainder of the Jurors,
not being less than Three in Number, 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 Six Jurors ; or it shall be lawful for
the Court to cause a new Jury to be impanelled, sworn , and charged
with any Prisoner ; and the Action , Indictment, or Information shall
be tried as if such first Jury had not been impanelled .
XIX. And be it further enacted and ordained, That whenever
the Jury in any case has withdrawn, and been kept apart for the agree upon Verdict.
purpose of considering their Verdict, and shall not have returned the
same before all the other Cases for Trial 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,
the Court shall discharge such Jury, and shall cause a new Jury to
be impanelled, and sworn, and charged with any Prisoner, and the
Action, Indictment, or Information shall be tried as if such first Jury
had not been impanelled .
XX. And be it further enacted and ordained, That the Verdict
of the Jury shall in all cases be given by the Foreman, in open Court,
and in the Presence of all the said Jury, and, if a Criminal Proceeding,
in the Presence of the Prisoner, and shall be thereupon recorded by
the Registrar of the said Court ; and the said Registrar shall, before
taking the said Verdict, ask if they are all agreed thereon , and
whether they find for the Plaintiff, or for the Defendant, and in the
case of a Prisoner, whether they find such Prisoner " Guilty" or " Not
guilty ;" and the said Jury shall either pronounce a General Verdict
for the Plaintiff or Defendant, or of " Guilty" or " Not guilty, " or
else shall return a Special Verdict finding the Facts of the case :
Provided always, that the said Jury may acquit any Prisoner of a
Part of the Charge against him, and find him Guilty of the Remainder.
XXI. And be it further enacted and ordained, that in the Interpretation Clause.
Construction of this Ordinance wherever in describing any Person or
Party, Matter or Thing, the Word importing the Singular Number
only is used, the same shall be understood to include, and shall be
H applied
30 COLONIAL ORDINANCES .
applied to, Several Persons or Parties as well as One Person or Party,
and Several Matters or Things as well as One Matter or Thing,
respectively, unless there be something in the Subject or Context
repugnant to such Construction.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 19th Day of August, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
SCHEDULE TO WHICH THIS ORDINANCE REFERS.
Summons to Juror.
Mr A. B.
You are hereby summoned to appear as a (either Common or Special as the case may be, )
Summons to Juror, Sec. 9. Juror at the Supreme Court to be holden at in this Colony, on the
Day of next, and there to attend from Day to Day until you shall be discharged
from the said Court.
(Signed. ) W. C.- Sheriff.
N. B.- The Penalty for Disobedience hereto is any Sum not exceeding One Hundred
Dollars in the case of a Common Juror, or Two Huudred Dollars in the case of a
Special Juror.
DIEU C DROIT
HONGKONG ,
ANNO NONO
VICTORIE REGINÆ.
No. 8 of 1845 .
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to regulate Criminal Proceedings. Title.
[ 19th August, 1845. ]
I. Be it enacted and ordained , That for the purpose of bringing Indictment or Infor-
a Criminal Case under the Cognizance of the Supreme Court, an mation.
Indictment or Information , duly signed by the Attorney-General, or,
in his Absence, by the Colonial Secretary, shall be as Valid and
Effectual in all respects as if the same had been presented by a Grand
Jury.
II. And be it further enacted and ordained, That every Prisoner, Effect of Plea of
" Not guilty. "
upon being arraigned upon or charged with any Indictinent or
Information, by pleading generally thereto the Plea of " Not guilty, "
shall, without further Form, be deemed to have put himself or herself
upon the Country for Trial.
III. And be it further enacted and ordained , That if any Prisoner Refusal to Plead.
being arraigned upon, or charged with any Indictment or Information,
stand Mute of Malice, or will not answer directly to the Indictment
or Information, the Court shall, if it shall so think fit, order the
Registrar to enter a Plea of " Not guilty" on behalf of such Prisoner,
and the Plea so entered shall have the same Force and Effect as if
such Prisoner had actually pleaded the same ; or else the Court shall
thereupon cause a Jury to be impanelled to try whether the Prisoner
be of Sound or Unsound Mind ; and if he or she shall be found to be
of Unsound Mind, the Court shall make such Order touching the safe.
Custody
COLONIA
L NCES
32 ORDINA .
Custody of the said Prisoner as to the Court shall seem just and
proper ; and if he or she shall be found of Sound Mind, the Court
shall proceed with the Trial of the said Prisoner.
Amendment of Indict- IV. And be it further enacted and ordained, That before the
ment or Information.
Jury are charged with the Trial of any Prisoner, or during the
Progress of any such Trial, it shall be lawful for the Court to amend
the Indictment or Information in any matter of Form not calculated
to prejudice or mislead the Prisoner in his or her Defence.
Judgment not to be V. And be it further enacted and ordained, That no Judgment
upon
Objections arisingupon upon any Indictment or Information, whether after Verdict of the
record. Jury, or upon Confession of the Prisoner, or otherwise, shall be stayed
or reversed, except for Objections arising upon the Face of the Record,
and whereby the Proceedings thereon are rendered erroneous or
defective.
Judgment not to be VI. And be it further enacted and ordained, That no such
reversed
Averments forof
Want of Judgment shall be stayed or reversed for Want of the Averment of
Imma-
terial Matters, &c. any Matter unnecessary to be proved ; nor because any Person or
Persons mentioned in the Indictment or Information, is or are
designated by Name of Office or other descriptive Appellation, instead
of his or their proper Name or Names ; nor for omitting to state, or
erroneously stating, the Time or Place at which the Offence was
committed in any case in which Time or Place is not of the Essence
of the Offence ; Provided that the Court shall appear by the Indictment
or Information to have had Jurisdiction in the Case ; nor on the
Ground of any Objection to the Form or Relevancy of the Indictment
or Information which, if stated before the Jury were impanelled, or
during the Progress of the Trial, might have been amended by the
Court ; nor because of any Error committed in summoning or swearing
the Jury, or any of them ; nor because any Person who has served
upon the Jury has not been returned by the Sheriff ; nor because of
any Objection which might have been stated as a Ground of Challenge
of any of the Jurors , except the Objection of Minority ; nor for any
Informality in Swearing the Witnesses, or any of them.
Interpretation clause. VII. And be it further enacted and ordained , That in the
Construction of this Ordinance, wherever, in describing any Person
or Party, Matter or Thing, the Word importing the Singular Number
or the Masculine Gender only is used, the same shall be understood
to include, and shall he applied to , Several Persons or Parties as well
as One Person or Party, and Females as well as Males, and Several
Matters or Things as well as One Matter or Thing respectively, unless
there be something in the Subject or Context repugnant to such
Construction.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 19th Day of August, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
HONGKONG ,
ANNO NONO
VICTORIE REGINÆ.
No. 9 of 1845.
Y His Excellency Sir JOHN FRANCIS DAVIS , Baronet, Governor
B and Commander-in -Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
Title.
An Ordinance to invest the Supreme Court of Hongkong with a
Summary Jurisdiction in certain Cases.
[ 19th August, 1845. ]
Preamble.
WHEREAS it is expedient that Debts and Damages of a small
and trifling Amount should be recoverable in the Supreme Court of
Hongkong, in a summary and expeditious Manner :
I. Be it therefore enacted and ordained by the Governor of Summary Jurisdic-
Hongkong, with the Advice of the Legislative Council thereof, That tion of Court.
the said Supreme Court shall have full Power and Authority to hear
and determine in a Summary Way, and without the Intervention of
a Jury, all Disputes and Differences between Party and Party,
touching any Matter of Debt, Breach of Covenant or Promise, Injury
to the Person or Property, or other Matter, where the Debt or
Damages sought to be recovered shall not exceed the Sum of One
Hundred Dollars, except the Matter in question shall relate to the
Title of any Lands, Tenements, or Hereditaments, or to the taking of
any Duty payable to Her Majesty, or to any Fee of Office, or other
Matter, where Rights in Future might be bound, or to any General
Right or Duty : Provided, that no Party shall be precluded or
exempted from suing or being sued under the aforesaid Summary
Jurisdiction by reason of his or her not having attained the full
Age of Twenty-one Years, or by reason of Coverture where the
Husband shall not be resident within the said Colony of Hongkong.
I II.
34 COLONIAL ORDINANCES .
No Cause of Action II. And be it further enacted and ordained, That no Cause of
to be split,
Court may but the Action or Complaint which shall exist at any one Time, and amount
thereon, if Plaintiff be in the whole to a Sum exceeding the Sum of One Hundred Dollars
satisfied to receive the
Sum awarded in full as aforesaid, shall be split or divided, so as to be made the Ground
of all Demands. of Two or more different Actions or Complaints, in order to bring
such Cases within the Summary Jurisdiction created by this Ordi-
nance ; but if the Chief Justice of the said Supreme Court shall find
that the Plaintiff in any Case shall have split his Cause of Action or
Complaint as aforesaid, he shall dismiss the said Action or Complaint
with the ordinary Costs of a Dismissal, without Prejudice, however,
to the Plaintiff's Right to sue upon such Cause of Action or Complaint
in such other Manner as he lawfully may : Provided, that if such
Plaintiff shall be satisfied to recover such Sum as, according to this
Ordinance, the Summary Jurisdiction of the said Court is made to
extend to , in full of the Whole of such his Demand, then the said
Chief Justice shall and may, if such Plaintiff shall satisfactorily
prove his Case, make and pronounce an Order or Decree for such
Plaintiff for such Sum as shall in such Case be demanded by the
Process, so as such Sum does not exceed the Summary Jurisdiction
created by this Ordinance ; and the same shall be expressed in such
Order or Decree to be, and shall be in full Discharge of the Whole of
such Demand, and shall be a full and complete Bar to any other
Action or Complaint which may be brought or made thereon in the
same or any Court whatever.
No Summary Juris- III. And be it further enacted and ordained , That nothing herein
diction in certain cases. contained relating to the Summary Jurisdiction aforesaid shall extend
to any Debt being the disputed Balance of an Unsettled Account
originally exceeding One Hundred Dollars, nor to any Debt, or
supposed Debt, for any Money or Thing won, or alleged to have been
won, at or by means of any Horse-race, Cock-match, Wager, or any
Kind of Chance, Gaming, or Play, or to any Debt for which there
has not been a Contract, Acknowledgment, Undertaking, or Promise
to Pay, within Three Years before the taking out of the Summons.
Power to examine IV. And for the better Discovery of the Truth and the more
Plaintiffs and Defen-
dants on Oath, and to speedily obtaining the End of such Actions or Complaints, be it
award Costs, &c. further enacted and ordained , That it shall and may be lawful for
the said Chief Justice to examine the Plaintiff or Plaintiffs, Defendant
or Defendants, vira roce on their several corporal Oaths ; and that it
shall be lawful for the said Chief Justice to award Costs in all Actions
or Complaints heard and determined under the aforesaid Summary
Jurisdiction, and to allow to the Plaintiff or Defendant, and to his,
her, or their Witnesses, such reasonable Sum or Sums of Money for
his, her, or their Attendance and Loss of Time, as he the said Chief
Justice shall think fit.
Proceedings, Orders, V. And be it further enacted and ordained, That the several
&c. , to bein in
prescribed Form Proceedings, Orders, Decrees, and Dismissals, which shall be taken,
Schedule.
prosecuted, made, and pronounced in Pursuance of the aforesaid
Summary Jurisdiction , shall be in the Form prescribed in the Schedule
hereunto annexed, or as near thereto as Circumstances will admit .
Court may dismiss VI. And be it further enacted and ordained, That it shall be
Action or Complaint lawful for the said Chief Justice, and he is hereby authorized and
with Costs.
empowered,
9º VICTORIE.- No . 9 OF 1845. 35
empowered, to dismiss any such Action or Complaint before him
with Costs, and either on the Merits, or without Prejudice to further
or other Proceedings, as he shall think fit.
VII. And be it further enacted and ordained, That if any Action Consequences of not
or Suit shall be commenced in the said Supreme Court for any Debt proceeding
mary Jurisdunder
ictionSum-
.
or Damages, other than hereinbefore excepted, not exceeding the Sum
of One Hundred Dollars, and recoverable under and by virtue of the
Summary Jurisdiction given by this Ordinance, the Plaintiff or
Plaintiffs in such Action or Suit shall not, by reason of any Verdict
for him, her, or them, or otherwise, be entitled to any Costs what-
soever ; and if the Verdict shall be given for the Defendant or
Defendants in such Action or Suit, and the Chief Justice of the said
Court shall think fit to certify that such Action or Suit ought to have
been brought and tried before him under the Summary Jurisdiction
of the said Court, then such Defendant or Defendants shall have
Double Costs, and shall have such Remedy for recovering the same
as any Defendant or Defendants may have for his, her, or their Costs
in any Case by Law.
VIII. And be it further enacted and ordained, That no Person Plaintiffs and Defen-
whatever shall be permitted to appear and act in any such Summary dants sonally,tounless
attend Per-
unavoi-
Proceeding for or on behalf of any Plaintiff or Defendant therein, dably prevented.
unless it shall be first proved to the Satisfaction of the Chief Justice
of the said Supreme Court that such Plaintiff or Defendant is
prevented by some unavoidable Necessity, or some good or sufficient
Cause, from attending such Court in Person.
IX. And be it further enacted and ordained, That the Provisions Witness not atten-
contained in the 26th Section of Ordinance No. 6 , with respect to the ty
ding,
ofand Persons guil-
Contempt, how
Non -attendance of Witnesses pursuant to their Subpoenas, and to punished.
Persons guilty of a Contempt of Court, shall apply to and be in Force
as to all Matters and Proceedings under the Summary Jurisdiction
of the said Supreme Court.
X. And be it further enacted and ordained, That the Provisions Perjury.
contained in the 27th Section of Ordinance No. 6, made with respect
to Persons guilty of wilful and corrupt Perjury, shall apply to and
be in Force as to all Matters and Proceedings under the Summary
Jurisdiction of the said Supreme Court.
XI. And be it further enacted and ordained, That in each and Execution.
every case within the Summary Jurisdiction of the said Supreme
Court where the Chief Justice thereof shall have made any Order or
Decree for the Payment of Money, it shall and may be lawful for the
said Chief Justice, at the Prayer of the Party so prosecuting such
Order or Decree, to issue a Writ or Precept signed by the said Chief
Justice, in the Form given in the Schedule hereunto annexed, which
Writ or Precept shall be directed to one or more Bailiff or Bailiffs of
the said Court, who is and are hereby authorized and empowered to
levy the Amount thereof of the Goods, Chattels, and Effects, Lands,
Tenements, and Hereditaments, of the Defendant, or to arrest the
Defendant, as the case may be : Provided, that it shall be lawful for Power to appoint
the said Chief Justice, and he is hereby empowered and authorized , special Bailiffs.
when thereto required by the Plaintiff in any Suit or Proceeding
wherein
RY
LIBRA
Leland Stanford, Jr.
SITY
UNIVER
36 COLONIAL ORDINANCES .
wherein such Writ or Precept may be issued, to appoint one or more
special Bailiff or Bailiffs, to be named by the said Plaintiff, to execute
such Writ or Precept, upon receiving from such Plaintiff full and
sufficient Security against any improper Use or Abuse of such Writ
or Precept .
Orders and Decrees XII. And be it further enacted and ordained, That all such
may executed
wherebewithin Co- Orders and Decrees shall and may be carried into Execution in any
the any
lony. District or Place whatsoever within the said Colony, or in any Place
within the Jurisdiction of the said Supreme Court, where the
Defendant, his Goods, Chattels, or Effects, Lands, Tenements, or
Time of levy. Hereditaments, may be found or be met with : Provided, that all
Executions and Processes against the Property of the Defendant
shall be executed after Sunrise and before Sunset, and that any
Officer or Person executing the same at any other Time shall be
liable to a Fine of not exceeding Fifty Dollars, which shall be set by
the Chief Justice of the said Court, and enforced by Distress and
Sale of the Offender's Goods, and, failing these, then to levy the
Amount by Sale of the Lands, Tenements, and Hereditaments of the
Defendant.
Mode of proceeding XIII. And be it further enacted and ordained, That for the
in the Writ of Execu- purpose of preventing any Disputes as to the Mode of Executing the
tion.
said last mentioned Writ or Precept, the same shall be executed in
the following Manner ; that is to say, that the Bailiff or Bailiffs be
directed, in the first Instance, to levy on the Goods, Chattels, and
Effects of the Defendant, and that in the Event of such Bailiff or
Bailiff's not being able to find any Goods, Chattels, or Effects, or any
Lands, Tenements, and Hereditaments of the Defendant, and the
Defendant failing to point out to his or their Notice any Property
whereon to levy, it shall and may be lawful for the said Bailiff or
Bailiffs to enforce the Order or Decree of the Court by the Personal
Arrest and Imprisonment of the Defendant, as hereinafter is men-
Proviso as to dis- tioned ; Provided, that if, previous to the Sale of the Property so
&c. Claim to Goods, levied upon, a Disputed Claim shall be made thereto, and such Claim
puted
shall be deposed to on Oath before a Magistrate by the Party claiming
the same or by some Person on his or her behalf, the Bailiff or
Bailiffs, on Payment to him, or them, or either of them, of the Costs
of the Levy by such Party, or other Person claiming on his or her
behalf, shall release such Property from the Execution, and proceed
to enforce the Order or Degree of the Court by levying upon other
Property of the Defendant, if any can be found or pointed out to him
or them, or by arresting the body of the Defendant, as hereinbefore
is directed .
Inprisonmentbypro- XIV. Provided always, and be it further enacted and ordained,
cess of Court not to
exceed Three Months . That every such Defendant who shall be arrested and taken in
Execution under the Process of the said Supreme Court, as aforesaid,
shall and may be Imprisoned in the Prison of the said Court, and
shall be there detained for a Space of Time not exceeding Three
Calendar Months, unless before the Expiration thereof, the Order or
Decree of the said Court shall have been satisfied ; and in case such
Order or Decree shall not then be satisfied, such Defendant shall be
discharged from such Prison ; but it shall be lawful for the Com-
plainant, at any Time within Three Years after such Order or Decree,
to
9º VICTORIE.-No 9 OF 1845 . 37
Liability of future
to take out fresh Execution against any Estate or Effects which such effect
s.
Defendant may have become possessed of or entitled to , until such
Order or Decree shall be fully satisfied .
XV. And be it further enacted and ordained, That no Execution Execution not to pre-
awarded against the Goods of any Party or Parties, shall extend to , judice Landlords.
or be construed to extend to deprive any Landlord or Landlords of
the Power vested in such Landlord or Landlords by an Act passed
in the Eighth Year of the Reign of Her late Majesty Queen Anne,
intituled An Act for the better Security of Rents, and to prevent Frauds 8 Anne, c. 14.
committed by Tenants, of recovering One Year's Rent by virtue of, and
in pursuance of the said Act.
XVI. And be it further enacted and ordained , That it shall be Court may order
lawful for the said Chief Justice, whenever it shall appear to him Instalments.
Money to be paid by
that the levy of the full Amount of any such Order or Decree of the
said Supreme Court, at one time, may be attended with great Distress
to the Defendant, and that such Distress may be avoided or lessened
by enlarging the Time for satisfying such Order or Decree, to order
and direct the Amount thereof, together with the Costs and Charges,
to be levied by Instalments, at such stated Times, and in such
proportional Amounts, as shall be expressed in such Order, and as
shall be reasonable and just : Provided, that the Time for satisfying
any such Order or Decree shall not exceed Three Months from the
time of making such Order as aforesaid : Provided also, that if the
Defendant shall fail to pay any such Instalment agreeably to such
Order, in every such case the Plaintiff may proceed to take out
Execution for the Amount of such Order or Decree, and the Costs
and Charges thereof, then remaining due and unsatisfied, in like
manner as if no such Order as aforesaid had been made.
XVII. And be it further enacted and ordained , That all Orders Orders to be final.
and Decrees, or other Decision, so to be made or pronounced by
the said Chief Justice, in any such Summary Proceeding as
aforesaid, shall be final and conclusive to all Intents and Purposes
whatsoever.
XVIII. And be it further enacted and ordained, That in case Actions against Offi-
cers , & c.
any Action or Suit shall at any Time hereafter be commenced, or
brought against any Officer or Officers of the said Supreme Court, or
against any other Person or Persons, for any thing done in pursuance
of, or under the Authority of this Ordinance, it shall and may be
lawful for such Officer or Officers, or other person or persons, in every
General Issue.
such Suit or Action, to plead the General Issue, and give this
Ordinance, and the Special Matter in Evidence ; and in case the
Plaintiff or Plaintiffs in such Action or Suit shall have a Verdict
pass against him or them, or be nonsuit, or discontinue his, her, or
their Action or Suit, the Defendant or Defendants shall, in any of
T
the said cases, be allowed Double Costs.
XIX. And be it further enacted and ordained, That no Action Proceedings not to
be set aside for want
or Complaint, or other Proceeding under the Summary Jurisdiction of Form.
given by this Ordinance, shall be treated or considered as Invalid,
or subject to be set aside, on Account of any Verbal or Technical
Error ; but that all Errors and Mistakes not having a tendency to
K mislead
38 COLONIAL ORDINANCES.
mislead the opposite Party, shall and may, in all cases, be amended
or altered by the Court.
Allowance and Re- XX. And be it further enacted and ordained, That in all Actions
covery of Fees.
and Complaints or other Proceedings under the Summary Jurisdiction
given by this Ordinance, the Fees specified by the Schedule hereunto
annexed shall, unless and until otherwise ordered and directed, be
established, and be deemed and taken as the lawful Fees and
Emoluments for the Discharge of the several Duties therein specified ;
and the Chief Justice of the said Supreme Court shall have full
Power to compel the Payment thereof in a Summary Way, by Order,
and on Non-payment, by Warrant of Distress and Sale, under his
Registrar to receive Hand, and sealed with the Seal of the Court ; and the said Fees shall
and account for Fees. be received and accounted for by the Registrar of the said Court,
and be paid over Quarterly to the Colonial Treasurer for the Public
Uses of the said Colony.
Power to make Rules XXI. And be it further enacted and ordained, That it shall and
and Orders.
may be lawful to and for the Chief Justice of the said Supreme
Court, from Time to Time, by any General Rule or Order, to make
such further Regulations for the effectual Execution of this Ordinance,
as to him shall seem fit and necessary.
Interpretation Clause. XXII. And be it further enacted and ordained, That in the
Construction of this Ordinance, wherever in describing any Person
or Party, Matter or Thing, the Word importing the Singular Number
or Masculine Gender only is used, the same shall be understood to
include, and shall be applied to Several Persons or Parties as well as
One Person or Party, and Females as well as Males, and Several
Matters or Things as well as One Matter or Thing respectively, unless
there be something in the Subject or Context repugnant to such
Construction.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 19th Day of August, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Forms relating to Sum- SCHEDULE TO WHICH THIS ORDINANCE REFERS.
mary Jurisdiction , Sec. 5.
Entry of Plaint. Entry of Plaint.
Colony of Hongkong A. B. of
to wit.
in the Colony of Hongkong hereby requires Entry to be made in the Supreme Court of
the said Colony acting under its Summary Jurisdiction, of his Plaint against C. D. of
in the said Colony, for a Sum of
being for (here state generally the Cause of Action ) in the
Particular hereunto annexed fully set forth. And the said A. B. hereby declares that the
said Particular contains a correct, full, and true Statement of his Demand against the said
C. D., and that the said C. D. is justly and truly indebted to him the said A. B. in the
said Sum of and thereupon the said A. B. prayeth that the said C. D.
may be summoned to attend on the Day of at the
said Supreme Court so acting as aforesaid, to answer such his Demand .
Dated this day of A. D. 184
Witness. A. B.-Plaintiff.
Registrar.
Summons.
9° VICTORIE .-No. 9 OF 1845 . 39
Summons. Summons.
To
Hongkong You are hereby summoned and required to attend the Supreme Courtof
to wit.
Hongkong to be holden at the Court- House in at Ten o'clock in the
Forenoon of Day of next, then and there to answer the
Demand of entered against you in the said Court for the Sum of
being for (here state Cause of Action and Complaint ; ) and herein fail not, or
Judgment will be passed, and Execution issued against you for the said Sum and Costs.
And you will take Notice, that if you have any Debt or Demand to set off against the
said Plaintiff's Claim, you are hereby required to file or deliver the same at the Registrar's
Office at on or before the Day of or
you will be precluded from giving Evidence thereof on the Trial or Hearing. And you
will further take Notice, that a Plaint containing the Particulars of the Plaintiff's Demand
against you has been filed in the Registrar's Office at and that you
are at liberty to obtain a Copy of the same, if you shall think proper.
Witness the Honourable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign .
Endorsed on the back of Summons.
The within Summons was served on the within named Defendant by delivering a true
Copy thereof on the Day of 184 ·
(Officer who served the Summons.)
Notice of Trial or Hearing. Notice of Trial.
SUPREME COURT OF HONGKONG.
Between A. B.- Plaintiff.
and C. D.-Defendant.
Hongkong The Chief Justice having appointed the Day of
to wit.
next to hear the above Case, I have received his Instructions to require
your Attendance on that Day at Ten o'clock in the Forenoon, and to bring with you any
Witnesses you may deem necessary to support your Claim or Demand.
By order of the Chief Justice,
Registrar.
Το
In the above case.
Subpana . Subpana .
Το
Hongkong You and each of you are hereby commanded, that all Excuses being laid
aside, you and each of you be and appear in your own proper Person before the Supreme
Court of Hongkong, to be holden at the Court- House in on the
Day of at Ten o'clock in the Forenoon, to testify
all and singular what you, or either of you, know in a certain Cause, or matter of
Complaint, now pending and undetermined between Plaintiff, and
Defendant, then and there to be heard and tried. And herein
fail not at your Peril.
Witness the Honourable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign.
Order
40 COLONIAL ORDINANCES .
Decree in favour ofPlain- Order or Decree in favour of Plaintiff.
tiff.
A. B.- Plaintiff.
C. D.- Defendant.
Hongkong It appearing to the Court that the Plaintiff bath proved his Demand, (wholly
to wit. f
or in part, ) it is ordered and decreed, that the said Plaintiff do recover from the said
Defendant the Sum of together with Costs ;
and the said C. D. the Defendant is hereby ordered to pay to the said A. B. the Plaintiff
the said Sum of in full Satisfaction of the said Debt and Costs
(forthwith, on Demand thereof, or by the following Instalments ; namely :-as the case
may be.)
Dated the day of in the Year of our Lord, 184 •
Debt ... ...
Costs...
£
Entered ChiefJustice.
Registrar.
Dismissal, Sec. 6. Form of Dismissal.
A. B.-Plaintiff.
C. D.- Defendant.
Hongkong
to wit. It appearing to this Court that the Plaintiff entered his Plaint and caused
the above Defendant to be summoned to attend this Court for (here state the Cause of
Action or Complaint ;) and the said Plaintiff having failed to prove his said Plaint, it is
hereby ordered and decreed by the said Court, that the Plaint of the said A. B. be, and
the same is hereby dismissed ; and that the said Defendant do recover against the said
Plaintiff the Sum of for Costs : And the said A. B. the Plaintiff is
hereby ordered and directed forthwith, on Demand, to pay the said C. D. the Defendant
the said Sum of so awarded for his Costs herein as aforesaid, and on
Failure thereof, let Execution issue to take in Execution the Goods, Chattels , and Effects
of the said A. B. , or his Body, to satisfy the said Costs.
Dated the Day of in the Year of our Lord, 184 .
Defendant's Costs £
Entered Chief Justice.
Registrar.
Warrant on Dismissal. Warrant or Order on Decree of Dismissal for non-payment of Costs.
I authorize and empower the Bailiff of this Court
and his Assistants to execute the above decree.
Dated the Day of in the Year of our Lord, 184
Costs
Warrant ...
L
Chief Justice.
Writ or Precept to Bailiff, Writ or Precept to Bailiff.
Sec. 11.
SUPREME COURT OF HONGKONG.
Between A. B.-Plaintiff.
and C. D.- Defendant.
To Mr Bailiff, and his Assistants.
Hongkong } You are hereby commanded to levy of the Goods, Chattels, and Effects, Lands,
Tenements, and Hereditaments, of of
in the Colony Hongkong, the Sum of which
of lately recovered against for
Damages
9º VICTORIE.- No. 9 OF 1845. 41
Damages and Costs ; and if you shall not find any Goods, Chattels, or Effects, or any
Lands, Tenements, or Hereditaments, belonging to the said Defendant whereof to levy,
then you are hereby commanded to take and arrest the Body of the said Defendant, and
him safely to lodge in the Custody of one of her Majesty's Goals, within Ten Days from
the Date hereof, to satisfy the said Plaintiff
his Damages and Costs, as aforesaid, and have you there this Writ.
Witness the Honourable John Walter Hulme,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign.
Entered
Registrar.
Judgment ...
Costs...
Subpœna ...
Execution...
Alias ...
Pluries ... ...
Alias, or Pluries. Alias, &c.
You are hereby commanded, as before you were commmanded, (or, as " oftentimes" before
you were commanded, and then follow the above Form .)
Order to discharge Defendant out of Custody. Order to discharge De-
fendant out of Custody.
day of 18
A. B—Plaintiff.
C. D.- Defendant.
Supreme Court of Hongkong You are hereby authorized to discharge out of your Custody
the above named Defendant, as far as regards the Execution in the above case.
By order of the Court.
Registrar.
To the Sheriff of Hongkong, or any Deputy Sheriff thereof.
Table of Fees. Fees, Sec. 20.
For Entering every Plaint, Action, &c., and Particulars of Demand ... ... $0.50
Entering every Appearance and Defence ... ... 0.25
Summons for Defendant, and Copy... 0.50
Entering Notice of Hearing... ... ... ... ... ... ... 0.25
Copy and Service on Plaintiff and Defendant, each ... ... 0.40
Any Notice required during the Course of Proceedings ... ... ... ... 0.25
Fee on Hearing and Adjudication, where the Sum to be recovered shall not exceed
$50 ... ... ... ... ... ... 0.50
Exceeding $ 50 and not exceeding $ 100 ... ... 0.75
Each Subpoena of Witness, and Copy ... ... ... ... ... 0.40
Drawing and singing Order for Costs, Decree, or Dismissal, each ... ... 0.50
Every Oath of Party or Witness examined ... ... ... ... 0.25
Chief Justice's Warrant to Bailiff for executing Decree ... 1.25
Executing any Decree or Order, where the Sum shall not exceed $ 50 ... ... 0.50
Exceeding $ 50 and not exceeding $100 .... ... 1.25
Copies of any other Proceedings, per folio ... ... ... 0.12
L
DIEU C
HONGKONG ,
ANNO NONO
VICTORIÆ REGINÆ.
No. 10 of 1845 .
Y His Excellency Sir JOHN FRANCIS DAVIS , Baronet, Governor
B and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the Naturalization of Aliens within the Colony Title.
of Hongkong and its Dependencies.
[1st October, 1845. ]
WHEREAS certain Aliens, Merchants and others, have hitherto Preamble.
become Residents within the said Colony of Hongkong ; and whereas
it is probable that other Aliens may hereafter settle therein for the
purposes of Trade and to the Advantage of the Colony, and it appears
fitting and desirable to aid and encourage such Persons ; and whereas
also, some of the said Persons have applied to the said Governor that
they should be Naturalized :
I. Be it therefore enacted and ordained by his Excellency the Power to the Gover-
Governor of Hongkong, with the Advice of the Legislative Council nor
grantofLetters
Hongkong to
of Na-
thereof, to encourage the settling of Aliens, and for the Aid and turalization in certain
Assistance of those already settled , That it shall and may be lawful Cases, thethereby
conferred Privileges
be-
to and for the Governor of the said Colony, and his Successors from ing limited to the said
Time to Time, and in all Cases where he or they may deem it Colony.
expedient, to grant Letters of Naturalization under the Seal of the
Colony, to any Person or Persons being already settled, or who shall
come to reside and settle therein, and that they respectively, having
first duly taken and subscribed the Oath of Allegiance before a Magis-
trate of the said Colony, shall, under and by virtue of the said Letters,
be to all Intents and Purposes fully and completely naturalized :
Provided always, that Letters of Naturalization shall not be granted
by the Governor under the Provisions of this Ordinance to any
Person who shall not, at the Time of the same being granted, be
registered
44 COLONIAL ORDINANCES.
registered in the Books of the Land Office, as Lessee under the
Crown, of Lands or Houses within the Colony of Hongkong, yielding
a Yearly Rent of not less than Ten Pounds ; or who shall not have
been in the Public Service within the same Colony for a period of
less than Two Years before. And it is hereby declared, that the said
Letters respectively so to be granted, shall only be deemed to confer
the Privileges of Naturalization within the Limits of the said Colony
and its Dependencies, and that upon the granting of every such
Letter Patent there shall be charged and payable to the Colonial
Secretary a Fee of Ten Dollars, to be applied to the Public Purposes
of the said Colony. And it is hereby further declared and provided,
that the Operation of this Ordinance be suspended until the Pleasure
of Her Majesty be known with respect thereto.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 1st Day of October, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DROIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINÆ.
No. 11 of 1845 .
Y His Excellency Sir JOHN FRANCIS DAVIS , Baronet, Governor
BY and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance for the further Regulation of the Harbour of Title.
Hongkong, and to repeal Ordinance No. 19 of 1844.
[6th October, 1845. ]
WHEREAS by a certain Ordinance made and passed on the Preamble.
Twenty-Sixth Day of November, in the Year of Our Lord One
Thousand Eight Hundred and Forty-four, intitled " An Ordinance
for the better Regulation of the Harbour and surrounding Waters of
the Island of Hongkong," it was provided, that it should be lawful
for the Governor of Hongkong, with the Advice of the Executive
Council thereof, to publish and declare Laws and Rules for the
Regulation of the said Harbour ; And whereas certain Regulations
were made thereunder, and duly published in pursuance thereof ;
And whereas it is deemed advisable that such Regulations should
be the subject Matter of Legislative Enactment, and that the aforesaid
Ordinance should be repealed :
I. Be it therefore enacted and ordained by the Governor of Ordinance No. 19 of
Hongkong, with the Advice of the Legislative Council thereof, That 1844 repealed.
the said Ordinance No. 19 of 1844 shall be, and the same is hereby
repealed.
II. And be it further enacted and ordained, That all Masters and Masters of Merchant
Vessels to hoist their
others in charge of Merchant Vessels, shall hoist their Numbers on Signals on enteringthe
entering the Port of Victoria, on Demand being made from the Port of Victoria.
Harbour-Master's Office by the usual Signal for that Purpose.
M III.
46 COLONIAL ORDINANCES.
Shall on Arrival pro- III. And be it further enacted, That all such Masters and other
duce or delive
Documents. r certai n Pers ons shall, within Twenty-four Hours of their Arrival at the said
Port, report themselves at the Harbour-Master's Office, and produce
Ship's Articles, Lists of Passengers , and Manifest of Cargo, and
deposit the Ship's Register, and a true Copy of the said Manifest if
required , under a Penalty not exceeding Two Hundred Dollars , on
Refusal or Neglect of the Master or other Person in charge so to do.
And report to the IV. And it is hereby further enacted and ordained , That in the
Harbour-Master all Event of the Death of any of the Crew, Passengers, or other Persons
Deaths or Desertions
occurring on board. occurring on board any Merchant Vessel whilst in the Port, or in case
of the Desertion or Removal of any of the Crew, the Master or other
Person in charge of such Vessel shall forthwith report the same in
Writing to the Harbour-Master, under a Penalty of Twenty-five
Dollars for every Death, Desertion, or Removal which he shall so
neglect to report.
No Seaman to be left V. And it is hereby enacted end ordained, That no Master or
behind
cate of without Certifi- other Person shall wilfully or negligently leave behind him in this
Harbour-Mas-
ter. Colony any Seaman brought to it on board his Vessel, unless on a
Certificate from the Harbour-Master or other Person appointed to
grant the same ; and if any Seaman shall wilfully or negligently
remain in the Colony after the Departure of the Vessel which brought
him to it, without Permission of the Harbour-Master or other Person
appointed to grant the same, such Seaman shall, on Conviction before
the Marine Magistrate, forfeit and pay a Sum not exceeding Twenty-
five Dollars, or in Default of Payment thereof, be liable to Arrest as
a Vagrant, and be dealt with accordingly.
Merchant Seamen VI. And it is hereby further enacted and ordained, That all
coming on with to be Seamen permitted to land from Merchant Vessels on liberty, are to
shoreTicket
of Leave, except in be furnished with a Ticket of Leave, under the Hand of the Master
certain cases.
or Person in charge of the Vessel to which such Seaman may belong,
in Default of which they shall be liable to the Penalties imposed by
Ordinance No. 18 of 1844 : Provided always, that this Regulation is
not to be considered applicable to Men who may come on Shore for
a Time not exceeding Six Hours on Duty or Business.
Provisions for the VII. And it is hereby further enacted and ordained, That every
Berthing of Vessels in such Master or other Person in charge of a Merchant Vessel arriving
the Harbour.
at the said Port, shall take up the Berth pointed out by the Harbour-
Master, and shall not remove from it to take up any other Berth
without his Permission, except in case of necessity, under a penalty
of One Hundred Dollars ; and he shall also remove his Vessel to any
new Berth pointed out by the Harbour- Master, under a Fine of Twenty
Dollars for every Hour that the Vessel shall remain in her old Berth
after a Notice, Demand, or Order to shift by the Harbour- Master
shall have been given on board of her.
Management of Ves- VIII. And it is hereby further enacted and ordained, That all
sels
rections of Harbour Masters or other Persons in charge of Vessels are immediately to
Master. strike their Top-gallant Yards and Masts, to have their Jib and
Spanker Booms rigged close in, and Moor, or Clear Hawse when
called upon by the Harbour-Master to do so, and are generally to
follow such Directions as the State of the Weather, the crowded
Condition
9º VICTORIE.- No . 11 of 1845 . 47
Condition of the Port, or other Circumstances may render necessary
or expedient in the Judgment of the Harbour-Master, with a view to
the Safety of the whole Shipping ; and any Master or other Persons
in charge of Vessels disobeying or neglecting this Regulation, will
subject themselves to a Fine not exceeding Two Hundred Dollars :
Provided, however, that all Transports entitled to carry Pendants
shall be always berthed by their own Agents ; and the Harbour-
Master shall make Application to the Senior Naval Officer on the
Spot, respecting any Movement connected with such Transport that
he may judge necessary for the general Safety of the Shipping in the
said Port.
IX. And it is hereby enacted and ordained , That all Masters or Masters to give
other Persons in charge of Vessels about to proceed to Sea, shall and Departure
Notice of theofintended
their
are hereby required to give Notice thereof in Writing to the Harbour- Vessels.
Master, and hoist a Blue Peter at least Twenty-four Hours before
the Time of intended Departure, under a Penalty not exceeding Fifty
Dollars, unless the Harbour-Master shall think fit from a sufficient
Cause to dispense with the Observance of this Regulation ; and it is
hereby declared, that no Vessel will be allowed to depart, if the
Master or other Person in charge of it shall not have previously paid
any Fines or Expenses awarded or incurred for Breach of these
Regulations.
X. And it is hereby enacted and ordained , That the Harbour- Harbour-Master to
Master of the said Port shall henceforth furnish to all Ships Port- furnish
ces. Port-Clearan-
Clearances or Certificates, agreeable to a Form to be deposited in his
Office, and shall likewise attest their Manifest, (Duplicates whereof
are to be left with the said Harbour-Master) ; and every Vessel
neglecting to obtain these Papers previous to her Departure, will do
so at her own Risk of being detained at Sea or in other Ports for
want of her proper Papers.
XI. And be it further enacted and ordained, That all Passage- Passage-Boats to give
Two Hours' Notice of
Boats, Lorchas, or other small Vessels, plying between Hongkong their intended Depar
and Macao or Canton, shall and are hereby required to make known ture.
their intended Departure Two Hours before they start by hoisting a
Blue Peter.
XII. And be it enacted and ordained, That Seamen or other No Dead Bodies or
Persons dying on board any Ship, shall not be thrown overboard Ballast to be cast into
the Harbour.
within the Limits of the said Port, under a Penalty of Twenty-five
Dollars, to be paid by the Master or other Person in charge of the
Vessel on board of which such Seaman or other Person died ; And
that no such Masters or other Persons in charge of Vessels, Boats,
or any other Craft, shall throw overboard any Stone or other Ballast
within the Limits of the said Port, under a Penalty not exceeding
Two Hundred Dollars, to be paid by the Master or other Person in
charge thereof, without having previously obtained Leave in Writing
from the Harbour-Master for that Purpose.
XIII. And it is hereby enacted and ordained, That except in Provisions as to the
Self-defence, no Musket or Small Arm of any Description, shall be Fire-arms of
Pischarge Gunsand
within the
discharged within the Limits of the said Harbour from any Merchant Harbour.
Vessel or Boat, between the Hours of 6 P. M. and Gun-fire in the
Morning ;
48 COLONIAL ORDINANCES.
Morning ; neither shall any Great Gun be discharged at any Time
from any Merchant Vessel or Boat, within the Limits of the said
Harbour, nor any Musket or other Small Arm loaded with Ball or
Shot, under a Penalty not exceeding Two Hundred Dollars.
Harbour Limits de- XIV. And be it further enacted and ordained, That the Limits
fined.
of the Harbour of Victoria are hereby declared to be defined for the
Purposes of this Ordinance, as follows, " On the West by a straight
Line drawn from the Westernmost Point of Hongkong to the West-
ernmost Point of Stone Cutters' Ireland, continued to the Mainland
of China ; on the East by a straight Line drawn from Burn's Point
to the nearest Part of the Mainland of China, and to include all the
Waters comprehended between these two Lines."
Regulations as to XV. And be it further enacted and ordained, That no Boat shall
Boats moving about move about the Harbour between the Hour of 9 P. M. and Gun-fire
the Harbour during
Night Time, and with in the Morning, under a Penalty not exceeding Fifty Dollars, except
regard to those plying as hereinafter provided for, or unless furnished with a Pass from the
Harbour-Master ; that is to say, the Harbour-Master is hereby
empowered to grant Licenses for Twenty Boats to ply for Hire
within the Harbour till the Hour of Twelve o'clock at Night, the
Fare after 9 P. M. to be One Rupee per Trip or per Hour, at the
Option of the Person hiring the Boat ; and the Person obtaining such
License shall enter into a Bond together with a good Surety, in a
Penalty of One Hundred Dollars, conditioned for the Observance of
all Harbour Regulations : And that every Licensed Boat shall after
9 P. M. carry a Lantern in a conspicuous Place, with the Number of
the License painted on it in large characters ; and if the Person in
charge of the Boat demands more than his Fare, or uses abusive
Language to Passengers, or neglects to carry a Light as required, or
refuses without sufficient Cause to take a Passenger at the Fare
hereby established , the Party offending, or in his Absence, the Person
to whom the License for the Boat was granted, shall be liable to a
Penalty not exceeding Twenty-five Dollars, and on Conviction of the
Third Offence against these Regulations, the License shall be forfeited,
and the Penalty in the Bond enforced against him or his Surety :
Provided always, that Boats kept by Private Persons, and not plying
for Hire, shall be permitted to move about the Harbour at any Time
with a European or American on board, or without such European
or American, provided they have a Pass for the Night signed by the
Owner ; and that all Boats, whether private or not, may and shall
be subject to be stopped and examined by the Guard Boats ; and if
the Person in charge of any Boat does not heave to on being hailed
by a Guard Boat, or uses abusive Language to the Officer or Persons
on board of her in the Execution of their Duty, he shall be liable to
be detained in Custody until he can be brought before a Magistrate, and
on Conviction be liable to a Fine not exceeding Twenty-Five Dollars.
Cases arising under XVI. And be it further enacted and ordained, That where no
this Ordinance to be
tried by the Marine Penalty is attached by this Ordinance for the Breach or Infringement
Magistrate,
have Power who shall of any Provisions therein contained , the Penalty in such cases shall
to enforce
Penalties by Imprison- be a Sum in the Discretion of the presiding Magistrate, not exceeding
ment for a Period not Twenty-Five Dollars ; and that all Cases occurring under such
exceeding One Calen- Ordinance shall be tried by, and adjudicated upon before the Marine
dar
Magistrate for the Time being, to whom it shall be lawful, on Con-
viction,
9° VICTORIE.- No. 11 OF 1845 . 49
viction, to enforce Payment of all or any of the foregoing Penalties
when necessary by Imprisonment for a Period not exceeding One
Calendar Month.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 6th Day of October, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
N
DIEU DROIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINE .
No. 12 of 1845 .
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to Amend the Ordinance No. 1 of 1845, entitled, Title.
" An Ordinance for the Suppression of the Triad and other Secret
Societies in the Island of Hongkong and its Dependencies. "
[20th October, 1845. ]
WHEREAS it is deemed expedient to Amend the said Ordinance Preamble.
No. 1 of 1845, with a view to introducing certain Limitations, and
giving additional Certainty to its Provisions :
I. Be it therefore enacted and ordained by His Excellency the Operation of the Or-
Governor of Hongkong, with the Advice of the Legislative Council dinance
limited toNo. 1 of1845,
certain cases.
thereof, That no Person or Persons shall be considered as coming
within the Provisions or Intent of the before mentioned Ordinance,
No. 1 of 1845 , who shall have joined the Triad Society in Ignorance
of its Designs, or under the Influence of Terror, or who shall not
be duly convicted of Active Participation in some Unlawful Act
arising out of his or their Connection with the said Society.
II. And be it further enacted and ordained, That so far as the ked Convicts to be
as in the mar-
case of
said Enactment provides that any Offender shall, in Addition to the Deserters, and banish-
other Punishments or Penalties contained in the said Ordinance, No. ed from the Island, at
the Discretion of the
1 of 1845, be marked on the Right Cheek, the same be, and is hereby court.
repealed : But it is further provided, that in case of any Conviction
under these Ordinances, or either of them, the presiding Judge shall
in his Discretion have Power to direct, as an Additional Punishment,
that after the Expiration of the Term of Imprisonment to which any
such Offender or Offenders may be subjected, he or they shall be
marked
52 COLONIAL ORDINANCES .
marked in the manner usual in the case of Military Deserters, under
the Left Arm , and expelled or banished from the said Island for the
Term of his or their natural Lives.
Persons returning to III. And be it further enacted and ordained, That in case any
the Islandto after
nishment Ba- Person or Persons, after being so sentenced as aforesaid, shall return
be Trans-
ported for Life to a to the said Island, he or they so returning shall or may be Transported
British Settlement.
for Life to such British Place or Settlement as shall at the Time be
provided for the Reception of Convicts under Sentence of Transpor-
tation from this Colony.
Ordinance No. 1 of IV. And it is hereby further enacted and ordained, That so far
apply
1845Society other to
any than as the said Ordinance No. 1 of 1845 can be construed to provide any
the Triad. Penalty against Members of any Secret Society other than the said
Triad Society, (under that or any other assumed Name, ) the same be,
and is hereby repealed .
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 20th Day of October, 1845 .
ADOLPHUS E. SHELLEY ,
Clerk of Councils.
DICU DEDIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINE.
No. 13 of 1845 .
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
BY and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to Establish a Licensed Ghaut Serang in the Colony Title.
ofHongkong, and for the better Regulation of Lascars resorting thereto.
[25th October, 1845. ]
WHEREAS it is expedient that Lascars resorting to the said Preamble.
Colony should have, according to Usage, the Aid and Superintendence
of a Ghaut Serang, and also that Legislative Provision should be
made as respects them and such Serang :
I. Be it therefore enacted and ordained by the Governor of No Person to act
Hongkong, with the Advice of the Legislative Council thereof, That as Ghaut Serang, or
Lodge, or Ship Lascars
from and after the Passing of this Ordinance no Person shall act as without License.
a Ghaut Serang, or Lodge, or Ship, or Contract for the Shipping, of
Lascars in the said Island, or the Harbour thereof, without first
having obtained from the Colonial Secretary of said Island an Annual
License for that Purpose, in whose Discretion it shall be to grant or
disallow the same, and that a Sum of Two Hundred Dollars shall be
payable on the issuing of every such License, and that every Person
acting as Ghaut Serang, or Lodging, or Shipping, or Contracting for
the Shipping, of any Lascar, without such License, shall be liable, for
each Offence, to a Penalty not exceeding One Hundred Dollars.
II. And be it further enacted and ordained, That every such Serang to establish
and
Licensed Serang shall establish, for the Use of said Lascars , one or cause Registry of their
more Boarding- Houses, for each of which Houses he shall take out Inmates to be made.
and procure a separate License from the said Colonial Secretary,
which, however, shall be granted on Payment of a Fee of Twenty-five
Dollars ; and that when and so often as any Person acting as such
O Serang
IAL ANCES
54 COLON ORDIN .
Serang shall receive into any of said Houses, as a Boarder or Lodger,
any Lascar or other Seaman, he shall, within Twenty-four Hours
after the Period of Reception, cause the Name of such Lascar or
Seaman to be recorded in the Office of the Registrar-General, together
with the Fact of his having become such Boarder or Inmate of said
House, and whereupon the said Registrar shall issue a Certificate of
Ghaut Serang to fur- such Circumstances : Provided always, that previous to, or upon said
ofthe
Goverment in Coun- Serang obtaining such License, he shall submit, for the Inspection
cil, a Scale of Charges, and Approval of the said Governor and Legislative Council, a Table
and expose same for
public Inspection. or Scale of all the Charges which are to be made against every such
Lascar, for Boarding, Lodging, or Shipping ; and that no greater Sum
shall be received or demanded, on the Foot thereof, by such Serang ;
and that a true Copy or Translation, in Hindostanee, of such approved
Table, shall be hung up in some conspicuous Part of each of the
Boarding-Houses herein mentioned, as also in the Harbour-Master's
Office : And it is further provided, that in the Event of such Serang
not complying with any of the Directions or Provisions of this Section,
he shall be liable to a Penalty not exceeding the Sum of Fifty Dollars
for each Offence.
Penalty on the Se- III. And be it further enacted and ordained, That the said Serang
rang for knowingly
Shipping an inefficient shall be liable to a Penalty not exceeding the Sum of Twenty-five
Lascar. Dollars when and so often as he shall knowingly ship or supply an
Inefficient Lascar as a Seaman on board any Ship or Vessel .
No Lascar to be IV. And be it further enacted and ordained , That no Master or
Shipped until the
Harbour-Master shall Owner of any Vessel shall ship or receive on board his or their Vessel
have inspected him and any Lascar, until the Harbour-Master shall have inspected him, and
signed the Shipping attached his the Harbour-Master's Signature to the Shipping Agree-
Agreement.
ment of every such Lascar ; and that every such Master or Owner
so Shipping a Lascar Seaman without such Signature so attached,
shall for each Offence be liable to a Penalty not exceeding the Sum
of Fifty Dollars.
Penalties recoverable
in a Manner V. And it is hereby further enacted and ordained , That all
before the Marine Ma- Penalties imposed by this Ordinance shall be recoverable in a Sum-
gistrate. mary Manner before the Marine Magistrate of the said Colony, and
be applied to the Public Purposes thereof.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 25th Day of October, 1845 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DROIT
HONGKONG ,
ANNO NONO
VICTORIÆ REGINÆ.
No. 14 of 1845.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
BY and Commander-in- Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong .
Title.
An Ordinance to repeal Ordinance No. 5 of 1844, entitled, “ An
Ordinance for the Preservation of Good Order and Cleanliness within
the Colony of Hongkong and its Dependencies, " and to make other
Provisions in lieu thereof.
[26th December, 1845. ]
Preamble.
WHEREAS it is expedient to repeal Ordinance No. 5 of 1844,
entitled An Ordinance for the Preservation of Good Order and
Cleanliness within the Colony of Hongkong and its Dependencies, and
to make other Provisions in lieu thereof:
I. Be it therefore enacted and ordained by His Excellency the Ordinance No. 5 of
Governor of Hongkong, with the Advice of the Legislative Council 1844 repealed.
thereof, That from and after the Passing of this Ordinance the said
recited Ordinance shall be, and the same is hereby repealed.
II. And be it further enacted and ordained, That every Person Prohibiting Nuisan-
shall be liable to a Penalty not exceeding Five Pounds, who, within ces in Thoroughfares
the Colony of Hongkong, shall in any Thoroughfare or Public Place,
or adjacent thereto, commit any of the following Offences ; that is to
say :
1. Every Person who shall throw or lay, or cause, or
knowingly permit to be thrown or laid, any Carrion, Dirt, Soil,
Straw, or Dung, or any other Filth, Rubbish, or Noisome or
Offensive Matter whatsoever, on any of the Roads, Streets, Ways,
or Public Passages, or into any Well, Stream, or Watercourse,
Ford, or Reservoir for Water, any of the Drains or Sewers made
or
56 COLONIAL ORDINANCES.
or to be made within the said Colony ; or shall permit or suffer
any such Noisome or Offensive Substance as aforesaid to remain
exposed in any Drain, Sewer, or elswhere, opposite to, or within
the immediate Neighbourhood of his House, or shall allow any
Accumulation of Filth or Offensive Substances within the Pre-
mises occupied by him, to the Annoyance of the Inhabitants or
Passengers ; or shall in any manner Defile or Pollute any Well,
or Stream, or Watercourse used by any of the Inhabitants of
the Town of Victoria, or for the supplying with Water of Ships
resorting to the Harbour of the said Colony.
2. Every Person who shall commit any Nuisance in the
Neighbourhood of any House or Place of Public Passage.
3. Every Person who shall set out or leave, or cause to be
set out or left, any Scaffolding, Bricks, Lime, Barrels, Bales or
Cases of Merchandise, or any other Matter or Thing which shall
or may obstruct, incommode, or endanger any Person or Carriage
in any Public Road or Thoroughfare.
4. Every Person who shall expose any thing for Sale in or
upon, or so as to hang over any Carriage-way or Foot-way, or
on the Outside of any House or Shop, or who shall set up or
continue any Pole, Blind, Awning, Line, or any other Projection
from any Window, Parapet, or other part of any House, Shop,
or other Building, so as to cause any Annoyance or Obstruction
in any Thoroughfare.
5. Every Person who shall encroach on any Public Way or
Crown Land by erecting any Building, either on, or projecting
over the same, or shall construct any Spout which shall project
the Rain Water thereon .
6. Every Occupier or Owner of any House, Building, or
other Erection who shall neglect to repair or remove the same
when in a Ruinous or Unsafe State, and which shall or may
endanger the Passengers in any Thoroughfare.
7. Every Person who shall ride or drive on any Footpath
without obvious Necessity ; or shall ride or drive in a Furious
Manner, or so as to endanger the Life or Limb of any Person,
or to the common Danger of the Passengers in any Public Road
or Thoroughfare ; or who, passing or meeting another Horse or
Carriage, shall not keep to the customary Side of the Road.
8. Every Person who shall lead or ride any Horse or other
Animal, or draw or drive any Cart or Carriage, Sledge, Truck,
or Barrow upon any Footway, or fasten any Horse or other
Animal so that it can stand across or upon any Footway, or
shall turn loose any Horse or Cattle upon the Public Road or
Thoroughfare.
9. Every Person who shall, in any Thoroughfare or Public
Place, to the Annoyance of the Inhabitants or Passengers, kill
or slaughter, or expose for Show or Sale, (except in a Market
lawfully appointed for that purpose ) or feed or fodder any Horse
or other Animal, or shoe, bleed, or farry any Horse or Animal
(except in cases of Accident, ) or turn loose, clean, dress, exercise,
train, or break any Horse or Animal, or clean, make, or repair
any part of any Cart or Carriage, except in cases of Accident
where Repair on the Spot is necessary .
10. Every Person who shall keep any Dog accustomed to
annoy Passengers by barking or otherwise, or suffer to be at
large
9° VICTORIE.-No. 14 OF 1845. 57
large any unmuzzled ferocious Dog or other Animal belonging
to him, or set on or urge any Dog or other Animal to attack,
worry, or put in fear any Person , Horse, or other Animal.
11. Every Person who, upon any Public Footway, shall roll
or carry any Barrel, Cask, Butt, or other Thing calculated to
annoy or incommode the Passengers thereon, except for the
purpose of Housing them or of loading any Cart or Carriage on
the other Side of the Footway.
12. Every Person who in, near, or adjoining any Public
Road or Thoroughfare, shall wantonly or unnecessarily blow
any Horn, beat any Gong or Drum, or make any other Noise
calculated to annoy or alarm any Person, or to frighten any
Horse or other Animal : Provided always, that nothing herein
contained shall be construed and extend to any Religious Pro-
cession or Festival, for the due Celebration of which the Consent
of the Chief Magistrate of Police has been obtained .
13. Every Person who shall wantonly discharge any Fire-
arms, or throw or discharge any Stone or other Missile, or make
any Bonfire, or throw or set fire to any Firework, to the Damage
or Danger of any Person.
14. Every Person who shall wilfully and wantonly disturb
any Inhabitant by pulling or ringing any Door-bell, or by knock-
ing or striking at any Door without lawful Excuse, or who
shall wilfully and unlawfully extinguish the Light of any Lamp.
15. Every Person who shall play at any Game or Pastime
to the Annoyance of the Inhabitants or Passengers .
16. Every Person who shall play at any Game in any
Public Passage or Road so as to obstruct the same, or create a
noisy Assembly therein.
17. Every Person who shall beg, or expose any Sore or
Infirmity to view, for the purpose of exciting Compassion and
obtaining Alms, or shall lewdly and indecently expose his Person ,
by bathing or otherwise near any Public Road or Dwelling-house.
And it shall be lawful for any Constable belonging to the
Police Force to take into Custody, without Warrant, any Person
who shall commit any such Offence within View of any such
Constable ; or if such Offence shall not have been committed
within View of such Constable, then upon Complaint of the
Party who shall have been injured or annoyed by, or been
Witness to, the Commission of any such Offence ; and in the
Absence of any such Constable, it shall be lawful for the Party
so injured or annoyed, or who shall have seen the Offence
committed, to seize and detain the Offender until he can be given
into the Custody of such Constable, or until he can be taken before
a Magistrate.
III. And be it further enacted and ordained, That every Person Prohibiting other
Nuisances, &c.
who shall, within the said Colony, be guilty of any of the following
Offences, shall be liable to a Penalty not exceeding Five Pounds :-
1. Every Person who shall erect any Shed or House of
Matting or other inflammable Material, so as in case of Fire to
endanger any neighbouring Building.
2. Every Person who, without the Consent of the Owner
or Occupier, shall affix any Posting-bill or other Paper against
or upon any Building, Wall, Fence, or Pale, or write upon, soil,
P deface,
58 COLONIAL ORDINANCES .
deface, or mark any such Building, Wall, Fence, or Pale with
Chalk or Paint, or in any other way whatsoever, or wilfully
break, destroy, or damage any part of such Building, Wall, Fence,
or Pale, or any Fixture or Appendage thereto .
3. Every Person employed as a Domestic Servant who shall
neglect or without just Cause absent himself from his Duty
without the Leave of his Employer, or shall Leave his Employer's
Service without giving reasonable Notice to the said Employer,
or shall wilfully disobey his Employer's lawful and reasonable
Orders, or use any abusive or insulting Language or Behaviour
to his Employer, or be guilty of riotous and disorderly Conduct .
4. Every Person who shall neglect to affix to his House
and keep alight during the Night, such Lamp or Lanthorn as
may be required and approved of by the Superintendent of
Police.
5. Every Person who shall keep a House or other Building
for the Occupation or Resort of Public Prostitutes, to the An-
noyance of any Person inhabiting or residing near thereto.
6. All Persons assembling together in the Night-time
without lawful Excuse ; and every Person seeing any such illegal
Assemblage, or knowing, or having reason to suspect that such
Assemblage had taken place or was about to take place, who
shall not give immediate Notice thereof to the nearest Guard-
house or Police Station, or to some Constable belonging to the
Police Force.
7. Every Person employed as a Private Guard or Watchman
who shall sleep on his Post, or be negligent, remiss, or cowardly
in the Execution of his Duty.
8. Every Owner, Headman, or other Person in charge of
any Boat which shall be found alongside of any Public Wharf
or Landing-place (unless while taking on board or landing
Passengers or Cargo, ) or lying off the same, so as to prevent the
free Access of other Boats thereto ; and the Owner, Headman,
or other Person in charge of any Boat which shall be moored or
at anchor at a Distance of less than One Hundred and Fifty
Yards from Low Water Mark, between the Hours of 9 o'clock at
Night and Gunfire in the morning : Provided always, that nothing
herein contained shall be construed to extend to any Boat
moored or at anchor alongside of any Private Wharf with the
Consent of the Owner thereof.
9. Every Person who shall cast or throw any Ballast,
Rubbish, or other Substance, either from the Shore or from any
Vessel, into the Harbour of the said Colony, so as to create a
Nuisance or Obstruction therein , or shall neglect within a rea-
sonable Time to remove any sunken Vessel in the said Harbour
belonging to him or in his Charge or Keeping.
10. Every Person who shall wantonly or cruelly mutilate
or otherwise ill-use any Horse, Mule, Dog, or other Animal.
And it shall be lawful for any Constable belonging to the
Police Force to take into Custody without Warrant any Person
who shall commit any such Offence within View of any such
Constable ; or if such Offence shall not have been committed
within View of such Constable, then upon the Complaint of the
Party who shall have been injured or annoyed by, or been
Witness to the Commission of any such Offence ; and in the
Absence
9º VICTORIE.-No 14 of 1845 . 59
Absence of any such Constable it shall be lawful for the Party
so injured or annoyed, or who shall have seen the Offence com-
mitted, to seize and detain the Offender until he can be given into
the Custody of such Constable, or until he can be taken before a
Magistrate.
IV And be it further enacted and ordained , That it shall be Dogs mad or stray-
ing, & c.
lawful for any Constable belonging to the Police Force to destroy
any Dog or other Animal reasonably suspected to be in a rabid state,.
or which has been bitten by any Dog or Animal reasonably suspected
to be in a rabid state : and the Owner of any such Dog or Animal
who shall permit the same to go at large after having Information
or reasonable ground for believing it to be in a rabid state, or to
have been bitten by a Dog or other Animal in a rabid state, shall
be liable to a Penalty of not more than Ten Pounds : And it is hereby
further enacted and ordained, that it shall be lawful for any Constable
belonging to the Police Force to destroy any Dog which shall be
found straying or wandering about during the Day-time without
any Owner, and not wearing a Collar with the Name and Residence.
of the Owner inscribed thereon ; and such Constable is hereby further
authorised to destroy any Dog which shall be found straying or
wandering about between the Hours of Ten o'clock at Night and
Gunfire in the Morning.
V. And be it further enacted and ordained, That no Person, other , Cannon, &c. not to
be fired near Dwel-
than Persons acting in Obedience to lawful Authority, shall discharge ling-houses.
any Cannon or other Fire-arm of greater Calibre than a common
Fowling-piece within Three Hundred Yards of any Dwelling-house
within the said Colony, to the Annoyance of any Inhabitant thereof ;
and every Person who, after being warned of the Annoyance by any
Inhabitant, shall discharge any such Fire-arm, shall be liable to a
Penalty of not more that Ten Pounds.
VI. And be it further enacted and ordained , That every Person Prohibiting Offences
who, within the said Colony, or the Harbour or Waters thereof, shall in theofColony
bour Hongkoorng.
Har-
commit any of the following Offences, shall be liable to a Penalty of
not more than Ten Pounds, or in the Discretion of the convicting
Magistrate to be imprisoned for any Term not exceeding Fourteen
Days :-
I. Every Person who shall knowingly take in Exchange
from any Seaman or other Person, not being the Owner or
Master of any Vessel, anything belonging to any Vessel lying in
the Harbour or Waters aforesaid, or any Part of the Cargo of
such Vessel, or any Stores or Articles in charge of the Owner
or Master of any such Vessel .
2. Every Person who shall unlawfully cut, damage, or
destroy any of the Ropes, Cables, Cordage, Tackle, Headfasts,
or other Furniture of or belonging to any Ship, Boat, or Vessel
lying in the Harbour or Waters aforesaid, with intent to steal
or otherwise unlawfully obtain the same or any Part thereof.
3. Every Person who for the purpose of preventing the
Seizure or Discovery of any Materials, Furniture, Stores, or
Merchandise belonging to, or having been Part of the Cargo of
any Ship, Boat, or Vessel lying in the Harbour or Waters afore-
said, or of any other Articles unlawfully obtained from any such
Ship
60 COLONIAL ORDINANCES.
Ship or Vessel, shall wilfully let fall or throw into the Harbour
or Waters aforesaid, or in any other manner convey away from
any Ship, Boat, or Vessel, Wharf, Quay, or Landing-place, any
such Article, or who shall be accessory to any such Offence ;
and it shall be lawful for any Constable to take any such Offender
into Custody, and to seize and detain any Boat in which such
Person shall be found, or out of which any Article shall be so
let fall, thrown, or conveyed away.
4. Every Person who for the Purpose of protecting or
preventing any thing whatsoever from being lawfully seized
within the said Colony or in the Harbour or Waters thereof, on
Suspicion of its being stolen or otherwise unlawfully obtained ,
or of preventing the same from being produced or made to serve
as Evidence concerning any Felony or Misdemeanour committed
or supposed to have been committed within the said Colony or
in the Waters thereof, shall frame or cause to be framed any
Bill of Parcels containing any False Statement in regard to the
Name or Abode of any alleged Vender, the Quantity or Quality
of any such thing, the Place whence or the Conveyance by which
the same was furnished, the Price agreed upon or charged for the
same, or any other Particular, knowing such Statement to be
false, or who shall fraudulently produce such Bill of Parcels,
knowing the same to have been fraudulently framed .
5. Every Person who shall, within the said Colony or in
the Harbour or Waters thereof, bore, pierce, break, cut, open, or
otherwise injure, any Cask, Box, or Package containing Wine,
Spirits, or other Liquors on board any Ship, Boat, or Vessel, or
in or upon any Warehouse, Wharf, Quay, or Bank, with intent
feloniously to steal or otherwise unlawfully obtain any Part of
the Contents thereof, or who shall unlawfully drink or wilfully
spill or allow to run to waste any Part of the Contents thereof.
6. Every Person who shall, within the said Colony or in
the Harbour or Waters thereof, wilfully cause to be broken,
pierced, started, cut, torn , or otherwise injured, any Cask, Chest ,
Bag, or other Package containing any Goods while on board of
any Barge, Lighter, or other Craft, lying in the Harbour or
Waters aforesaid, or any Quay, Creek, Wharf, or Landing-place
adjacent to the same, or on the Way to or from any Warehouse,
with intent that the Contents of such Package or any Part
thereof may be spilled or dropped from such Package.
Superintendents and VII. And be it further enacted and ordained, That any Superin-
Inspectors may board
Vessels. tendent or Inspector belonging to the Police Force shall have Power
by virtue of his Office to enter at all times, with such Constables as
he shall think necessary, as well by Night as by Day, into and upon
every Ship, Boat, or other Vessel (not being then actually employed
in Her Majesty's service) lying in the Harbour or Waters aforesaid,
and into every Part of such Vessel, for the purpose of inspecting and
upon occasion directing the Conduct of any Constable who may be
stationed on board of any such Vessel, and of inspecting and observing
the Conduct of all other Persons who shall be employed on board of
any such Vessel in or about the lading or unlading thereof, as the
case may be, and for the purpose of taking all such Measures as may
be necessary for providing against Fire or other Accidents, and
preserving Peace and good Order on board of any such Vessel, and
for
9° VICTORIE.- No 14 of 1845 . 61
for the effectual Prevention or Detection of any Felonies or Misde-
meanours .
VIII. And be it further enacted and ordained , That it shall be , Superintendent, &c.,
having just Cause to
lawful for every Superintendent, Inspector, or Sergeant belonging to suspect Felony, may
the Police Force, having just Cause to suspect that any Felony has and
entertake
on board Vessels
up suspected
been or is about to be committed in or on board of any Ship, Boat, Persons.
or other Vessel lying in the Harbour or Waters aforesaid, to enter at
all Times, as well by Night as by Day, into and upon every such
Ship, Boat, or other Vessel, and therein to take all necessary Measures
for the effectual Prevention or Detection of all Felonies which he has
just Cause to suspect to have been or to be about to be committed
in or upon the Harbour or Waters aforesaid, and to take into Custody
all Persons suspected of being concerned in such Felonies, and also
to take Charge of all Property so suspected to be stolen.
IX. And be it further enacted and ordained, That every Person Removing Land-
marks.
who shall remove or carry away any Stone or Stake driven into the
Ground as Land-mark or for the purpose of defining or marking
the Boundaries of any Lot or Parcel of Ground, shall be liable to a
Penalty of not more than Five Pounds, or at the Discretion of the
convicting Magistrate to be imprisoned for any time not exceeding
Seven Days.
X. And be it further enacted and ordained, That every Person Wantonlybreaking or
who shall wilfully cut, break, damage, injure, or destroy any Tree, injuring
& c. Trees, Fences,
Shrub, or Underwood, whether the Property of the Crown or of any
private Individual, or shall wilfully, damage, break, or destroy any
Fence, or any Wall, Bridge, or Embankment, shall be liable to a
Penalty of not more than Ten Pounds, or in the Discretion of the
convicting Magistrate to be imprisoned for any Term not exceeding
Fourteen Days .
XI. And be it further enacted and ordained, That every Person Exposing for sale un-
wholesome Food, & c.
who shall expose or proffer for sale in any Market or elsewhere any
Liquor, Meat, Fish, Vegetable, or other Article of Food in a tainted,
noxious, adulterated, or unwholesome state, shall be liable to a
Penalty of not more than Five Pounds, or in the Discretion of the
presiding Magistrate to be imprisoned for any Term not more than
Seven Days .
XII. And be it further enacted and ordained , That every Person . Unlawfully possess
who shall have in his Possession any Spear, Bludgeon, or other ing offensive Weapons,
Offensive Weapon, or any Crowbar, Picklock, Skeleton Key, or other
Instrument fit for unlawful Purposes, with Intent to Use the same
for any such unlawful Purpose, or who shall be unable to give a
satisfactory Account of his Possession thereof, shall be liable to a
Penalty of not more than Ten Pounds, or in the Discretion of the
presiding Magistrate to be imprisoned for any Term not exceeding
Fourteen Days .
XIII. And be it further enacted and ordained, That every Person Behaving riotously,
who shall behave in a riotous, noisy, or disorderly Manner, or shall the
or provoking
Peace. Breach of
use any profane or indecent Language, or any threatening, abusive,
or insulting Words or Behaviour with intent to provoke a Breach of
Q the
62 COLONIAL ORDINANCES .
the Peace, or whereby a Breach of the Peace may be occasioned,
shall be liable to a Penalty of not more than Five Pounds, or in the
Discretion of the convicting Magistrate to be imprisoned for a Term
not exceeding Seven Days.
Improperly posses- XIV. And be it further enacted and ordained , That every Person,
the Arms or Clo-
thing, or assuming the not being a Constable of the Police Force, who shall have in his
Character of a police- Possession any Article being Part of the Clothing, Accoutrements,
man , &c.
or Appointments , supplied to any such Constable, and who shall not
be able satisfactorily to account for his Possession thereof, or who
shall put on the Dress, or take the Name, Designation, or Character
of any Person appointed as such Constable, for the purpose of thereby
obtaining Admission into any House or other Place, or of doing or
procuring to be done any Act which such Person would be entitled
to do or procure to be done of his own Authority, or for any other
unlawful purpose, shall, in Addition to any other Punishment to
which he may be liable for such Offence, be liable to a Penalty of not
more than Ten Pounds.
Constables may ap- XV. And be it further enacted and ordained, That it shall be
prehend any Offender
whose Name and Resi- lawful for any Constable belonging to the Police Force, and for all
dence are not known. Persons whom he shall call to his Assistance, to take into Custody
without Warrant, any Person who within View of any such Constable
shall offend in any Manner against this Ordinance, and whose Name
and Residence shall be unknown to such Constable, and cannot be
ascertained by such Constable.
Constables may ap- XVI. And be it further enacted and ordained, That it shall be
prehend withoutcases.
War- lawful for any Constable belonging to the Police Force, to take into
Custody without a Warrant all loose, idle, and disorderly Persons
whom he shall find disturbing the Public Peace, or whom he shall
have good Cause to suspect of having committed or being about to
commit any Felony, Misdemeanour, or Breach of the Peace, and all
Persons whom he shall find between Sunset and the Hour of Six in
the Morning lying or loitering in any Highway, Yard , or other Place,
and who cannot give a satisfactory Account of themselves.
Power to Police XVII. And be it further enacted and ordained, That any Person
Constables and Persons
aggrieved to appre- found committing any Offence punishable either upon Indictment,
hend certain Offenders. or as a Misdemeanour, upon Summary Conviction by virtue of this
Ordinance, may be taken into Custody without a Warrant by any
Constable, or may be apprehended by the Owner of the Property on
or with respect to which the Offence shall be committed , or by his
Servant or any Person Authorised by him, and may be detained
until he can be delivered into the Custody of a Constable, to be dealt
with according to Law; and every such Constable may also stop,
search, and detain any Vessel, Boat, Cart, or Carriage, in or upon
which there shall be reason to suspect that any thing stolen or
unlawfully obtained may be found, and also any Person who may be
reasonably suspected of having or conveying in any manner any
thing stolen or unlawfully obtained ; and any Person to whom any
Property shall be offered to be sold, pawned, or delivered, if he shall
have reasonable Cause to suspect that any such Offence has been
committed with respect to such Property, or that the same or any
Part thereof has been stolen or otherwise unlawfully obtained , is
hereby
9° VICTORIE.- No. 14 OF 1845. 63
hereby authorised , and if in his Power is required, to apprehend and
detain, and as soon as may be to deliver such Offender into the
Custody of a Constable, together with such Property, to be dealt with
according to Law.
XVIII. And be it further enacted and ordained , That it shall be Removing Furniture
lawful for any Constable to stop and detain until due Enquiry can to evade Rent.
be made, all Persons whom, and all Horses, Carts, and Carriages, or
any other Animal or Thing which he shall find employed in removing
the Furniture of any House or Lodging, between the Hours of Eight
in the Evening and Six in the following Morning, or whenever the
Constable shall have good Grounds for believing that such Removal
is made for the Purpose of evading the Payment of Rent.
XIX. And be it further enacted and ordained , That it shall be Persons charged with
lawful for any Constable belonging to the Police Force to take into recent Assaults may be
apprehended without
custody without a Warrant any Person who shall be charged by any Warrant.
other Person with committing any aggravated Assault, in every case
in which such Constable shall have good Reason to believe that such
Assault has been committed, although not within View of such
Constable, and that by reason of the recent Commission of the Offence
a Warrant could not have been obtained for the Apprehension of the
Offender.
XX . And be it further enacted and ordained, That whenever any Horses, Carriages,
&c., of Offenders may
Person having charge of any Horse, Cart, Carriage, or Boat, or any be detained.
other Animal or Thing, shall be taken into Custody of any Constable
under the Provisions of this Ordinance, it shall be lawful for any
Constable to take charge of such Horse, Cart, Carriage, or Boat, or
such other Animal or Thing, and to deposit the same in some Place
of safe Custody as a Security for Payment of any Penalty to which
the Person having had charge thereof may become liable, and for
Payment of any Expenses which may have been necessarily incurred
for taking charge of and keeping the same ; and it shall be lawful
for any Magistrate before whom the case shall have been heard to
order such Horse, Cart, Carriage, or Boat, or such other Animal or
Thing, to be sold for the purpose of satisfying such Penalty and
reasonable Expenses, in Default or Payment thereof, in like manner
as if the same had been subject to be distrained, and had been
distrained for the Payment of such Penalty and reasonable Expenses .
XXI. And be it further enacted and ordained, That every Person without
Persons apprehended
a Warrant to
taken into Custody by any Constable belonging to the Police Force be taken to the Station-
without a Warrant, except Persons detained for the mere purpose of house.
ascertaining their Name and Residence, shall be forthwith delivered
into the Custody of the Constable in charge of the nearest Station-
house, in order that such Person be secured until he can be brought
before a Magistrate to be dealt with according to Law, or may give
Bail for his Appearance before a Magistrate, if the Constable in
charge shall deem it prudent to take Bail in the manner hereinafter
mentioned.
XXII. And be it further enacted and ordained, That whenever Power to take Re-
any Person charged with any Offence of which he is liable to be cognizances at Station-
houses on petty Char-
summarily convicted before a Magistrate, or with having carelessly ges.
done
COLONIAL ORDINANCES.
64
done any Hurt or Damage, shall be, without the Warrant of a
Magistrate, in the Custody of any Constable of the Police Force in
charge of any Station-house, during the Time when the Police Courts
or Magistrates ' Offices shall be shut, it shall be lawful for such
Constable, if he shall deem it prudent, to take the Recognizance of
such Person, with or without Sureties, conditioned as hereinafter
mentioned.
Power to bind over XXIII. And be it further enacted and ordained , That whenever
Persons making Char-
ges. any Person charged with any Felony or any Misdemeanour punish-
able by Transportation, or any other grave Misdemeanour, shall be,
without the Warrant of a Magistrate, in the Custody of any Constable
of the Police Force at any Station-house during the Time when the
Police Courts or Magistrates' Offices shall be shut, it shall be lawful
for the Constable in charge of the Station-house to require the
Person making such Charge to enter into a Recognizance conditioned
as hereinafter mentioned ; and upon his or her Refusal so to do, it
shall be lawful for such Constable, if he shall deem it prudent, to
discharge from Custody the Person so charged upon his or her own
Recognizance, with or without Sureties, conditioned as hereinafter
mentioned.
Condition of Recog- XXIV . And be it further enacted and ordained, That every
nizance.
Recognizance so taken shall be without Fee or Reward, and shall be
conditioned for the Appearance of the Person thereby bound before
a Magistrate of the District in which such Station-house shall be
situated, at his next Sitting, and the Time and Place of appearing
shall be specified in the Recognizance ; and the Constable shall enter
in a Book to be kept for that purpose at every such Station-house,
the Name, Residence, and Occupation of the Party and his Surety or
Sureties (if any) entering into such Recognizance, together with the
Condition thereof, and the same thereby acknowledged, and shall
return every such Recognizance to the Magistrate present at the
Time and Place when and where the Party is bound to appear.
Punishment of Per- XXV. And be it further enacted and ordained , That every Person
sons suspected of hav- who shall be brought before any Magistrate charged with having in
ing or conveying Stolen
Goods. his Possession or conveying in any Manner any thing which may be
reasonably suspected of being stolen or unlawfully obtained, and
who shall not give an Account to the Satisfaction of such Magistrate
how he came by the same, shall be deemed guilty of a Misdemeanour,
and shall be liable to a Penalty of not more than Ten Pounds, or in
the Discretion of such Magistrate may be imprisoned in any Gaol
within the Colony aforesaid, with or without Hard Labour, for any
Time not exceeding Fourteen Days.
Power to grant XXVI. And be it further enacted and ordained, That if Infor-
Search Warrants.
mation shall be given on Oath to any Magistrate that there is
reasonable Cause for suspecting that any thing stolen or unlawfully
obtained is concealed or lodged in any Dwelling -house or other Place,
it shall be lawful for such Magistrate, by Special Warrant under
his Hand directed to any Constable, to cause every such Dwelling-
house or other Place to be entered and searched at any Time of the
Day, or by Night, if Power for that Purpose be given by such Warrant ;
and such Magistrate, if it shall appear to him necessary, may empower
such
9º VICTORIE.- No . 14 of 1845. 65
such Constable with such Assistance as may be found necessary
(such Constable having previously made known such his Authority)
to use Force for the effecting such Entry, whether by breaking open
Doors or otherwise ; and if upon Search thereupon made any such
thing shall be found, then to convey the same before a Magistrate,
or to guard the same on the Spot until the Offenders are taken before
a Magistrate, or otherwise Dispose thereof in some Place of Safety,
and moreover to take into Custody and carry before a Magistrate
every Person found in such House or Place who shall appear to
have been privy to the Deposit of any such thing knowing or having
reasonable cause to suspect the same to have been stolen or otherwise
unlawfully obtained.
XXVII. And be it further enacted and ordained , That when any Power to examine
whom Sto-
Person shall be brought before any Magistrate charged with having party fromreceived.
or conveying any thing stolen or unlawfully obtained, and shall
declare that he received the same from some other Person, or that
he was employed as a Carrier, Agent, or Servant, to convey the same
for some other Person, such Magistrate is hereby authorised and
required to cause every such Person, and also if necessary every
former or pretended Purchaser or other Person into whose Possession
the same shall have passed, to be brought before him and examined,
and to examine Witnesses upon Oath touching the same ; and if it
shall appear to such Magistrate that any Person shall have had
Possession of such thing, and had reasonable Cause to believe the
same to have been stolen or unlawfully obtained, every such Person
shall be deemed Guilty of a Misdemeanour and to have had Pos-
session of such thing at the Time and Place when and where the
same shall have been found and seized, (and the Possession of a
Carrier, Agent, or Servant shall be deemed to be the Possession of
the Person who shall have employed such other Person to convey
the same) ; and shall be liable to a Penalty of not more than Ten
Pounds, or in the Discretion of the Magistrate may be imprisoned
in any Goal within the Colony aforesaid with or without Hard
Labour for any Time not exceeding Three Calendar Months.
XXVIII. And be it further enacted and ordained, That if any Power to order De-
livery of Goods stolen
Goods shall be stolen or unlawfully obtained from any Person, or or fraudulently obtain-
being lawfully obtained shall be unlawfully Deposited, Pawned, ed and in Possession
Pledged, Sold, or Exchanged , and Complaint shall be made thereof to Dealers in Secondhand
any Magistrate, and that such Goods are in the Possession of Property.
any
Broker, Dealer in Marine Stores, or other Dealer in Second-hand
Property, or of any Person who shall have advanced Money upon
the Credit of such Goods, it shall be lawful for such Magistrate to
issue a Summons or Warrant for the Appearance of such Broker or
Dealer, and for the Production of such Goods, to be delivered up to
the Owner thereof, either without Payment, or upon Payment of
such Sum and at such time as such Magistrate shall think fit ; and
every Broker or Dealer who being so ordered shall refuse or neglect
to deliver up the Goods, or who shall dispose of or make away with
the same after Notice that such Goods were stolen or unlawfully
obtained as aforesaid, shall forfeit to the Owner of the Goods the
full Value thereof : Provided always, that no such Order shall bar
any such Broker or Dealer from recovering Possession of such Goods
by Suit or Action at Law from the Person into whose Possession they
R may
66 COLONIAL ORDINANCES.
may come by virtue of such Magistrate's Order, provided that such
Action shall be commenced within Six Calendar Months next after
such Order shall be made.
Power to order Re- XXIX. And be it further enacted and ordained, That it shall be
storation of Property lawful for any Magistrate to order that any Goods unlawfully
pawned, pledged, or exchanged , which shall be brought before him,
and the Ownership of which shall be established to the Satisfaction
of such Magistsate, shall be delivered up to the Owner by the Party
with whom they were so unlawfully pawned, pledged, or exchanged,
either without Compensation, or with such Compensation to the
Party in question as the Magistrate may think fit.
Penalty on Pawnbro- XXX . And be it further enacted and ordained , That after the
from receiving
kers Pledges passing of this Ordinance every Pawnbroker within the said Colony,
Persons underthe
Age of Twelve Years. and every Agent or Servant employed by any such Pawnbroker, who
shall purchase, or receive, or take any Goods or Chattels in pawn
or pledge of or from any Person apparently under the age of Twelve
Years, shall be liable to a Penalty of not more than Ten Pounds.
Unclaimed Stolen XXXI. And be it enacted and ordained , That when any Goods
Goods delivered to the
Superintendent of Po- or Money charged to be stolen or unlawfully obtained, and of which
lice
Twelve be sold after the Owner shall be unknown, shall be ordered by any Magistrate to
mayMonths.
be delivered to the Superintendent of Police, it shall be lawful for
such Magistrate after the Expiration of Twelve Calendar Months
during which no Owner shall have appeared to claim the same, to
order such Goods or Money to be sold or disposed of towards
defraying the Expenses of the Police Force.
Amends may be a- XXXII. And whereas Informations are often laid for the mere
warded for frivolous
Information. sake of Gain, or by Parties not truly aggrieved, and the Offences
charged in such Informations are not further prosecuted, or it appears
upon Prosecution that there was no sufficient Ground for making
the Charge ; Be it enacted and ordained , That in every case in which
any Information or Complaint of any offence shall be laid before any
Magistrate and shall not be further prosecuted, or in which, if further
prosecuted, it shall appear to the Magistrate by whom the Case shall
be heard, that there was no sufficient Ground for making the Charge,
the Magistrate shall have Power to award such Amends, not exceed-
ing the Sum of Ten Pounds, to be paid by the Informer to the
Party informed or complained against, for his Loss of Time and
Expenses in the matter, as to the Magistrate shall seem meet.
Penalty on Common XXXIII. And be it further enacted and ordained, That in case
Informers for com-
pounding Information. any Person shall lodge any Information before any Magistrate for
any Offence alleged to have been committed, by which he was not
personally aggrieved, and shall afterwards directly or indirectly
receive without the Permission of a Magistrate any Sum of Money
or other Reward for compounding, delaying, or withdrawing the
Information, it shall be lawful for any Magistrate to issue his Warrant
or Summons, as he may deem best, for bringing before him the
Party charged with the Offence of such Compounding, Delay, or
Withdrawal ; and if such Offence be proved by the Confession of
the Party or by the Oath of any credible Witness, such Informer
shall be liable to a Penalty of not more than Ten Pounds.
XXXIV.
9º VICTORIE.-No . 14 of 1845 . 67
XXXIV. And be it further enacted and ordained, That for every Second Offence.
Second or Subsequent Offence under this Ordinance the Offender
shall be liable at the Discretion of the convicting Magistrate to a
Penalty in Double the Amount, or to be imprisoned with or without
Hard Labour for any Length of Time not more than Fourteen Days
where the Pecuniary Penalty imposed for the First Offence does not
exceed Five Pounds, and for any Time not more than One Calendar
Month where the Pecuniary Penalty imposed for the First Offence
does not exceed Ten Pounds.
XXXV. And be it further enacted and ordained, That if any Power to order De-
Goods or Money charged to be stolen or fraudulently obtained shall ed
livery of Goods
to have been charg-
Stolen
be in the Custody of any Constable by virtue of any Warrant of a or fraudulently obtain-
Magistrate, or in Prosecution of any Charge of Felony or Misdemea- ed, and in Custody of
a Constable.
nour in regard to the obtaining thereof, and the Person charged
with stealing or obtaining possession as aforesaid shall not be found,
or shall have been summarily convicted or discharged, or shall have
been tried and acquitted, or if such Person shall have been tried
and found guilty, but the Property so in Custody shall not have
been included in any Indictment or Information upon which he
shall have been found guilty, it shall be lawful for any Magistrate
to make an order for the Delivery of such Goods or Money to the
Party who shall appear to be the rightful Owner thereof, or in case
the Owner cannot be ascertained, then to make such Order with
respect to such Goods or Money as to such Magistrate shall seem
meet ; Provided always, that no such Order shall be any Bar to the
Right of any Person or Persons to sue the Party to whom such
Goods or Money shall be delivered, and to recover such Goods or
Money from him, by Action at Law, provided that such Action shall
be commenced within Six Calendar Months next after such Order
shall be made.
XXXVI. And be it further enacted and ordained, That any Power to remand or
Magistrate, if he shall think fit, may remand any Person who shall Recognizances.
large Prisoners on
be charged before him with any Felony or Misdemeanour upon his
Personal Recognizance (with or without Sureties) and every such
Recognizance shall be conditioned for the Appearance of such Person
before the same or some other Magistrate, for further examination,
or to surrender himself to take his Trial at the Supreme Court, at a
Day and Place to be therein mentioned, and the Magistrate shall be
at Liberty from Time to Time to enlarge every such Recognizance
to such further Time as he shall appoint, and every such Recognizance
which shall not be enlarged shall be discharged without Fee or
Reward, when the Party shall have appeared according to the
Condition thereof ; Provided always that when any Magistrate shall
take the Recognizance of any Person to appear at the Supreme
Court, the Magistrate shall be bound to return the Depositions taken
in the case, and to bind over the Witnesses to appear and give
Evidence in like Manner as if he had committed the Party to take
his Trial at such Court.
XXXVII. And be it further enacted and ordained , That it shall Expenses of remov-
be lawful for the Superintendent or other Officer of Police to require ing Obstructions, &c.
any Person whose Duty it shall be to remove any Filth or Obstruction ,
or to do any other Matter or Thing required to be done by this
Ordinance,
68 COLONIAL ORDINANCES.
Ordinance, so to do within a certain Time to be then fixed by the
said Superintendent or other Officer, and that in Default of such
Requisition being complied with, the said Superintendent or other
Officer shall and may cause to be removed such Filth or Obstruction ,
or do or cause to be done such other Matter or Thing as aforesaid ;
and it shall be lawful for the Magistrate before whom the Offender
shall have been convicted to order and adjudge such Offender, in
Addition to the Penalties hereinbefore imposed, to pay such Sum of
Money for defraying the Expenses of such Removal, or of doing such
other Matter or Thing as to such Magistrate shall seem just and
reasonable ; and the Sum so ordered and adjudged shall be reco-
verable in the manner hereinafter provided for the Recovery of
Penalties imposed by this Ordinance.
Compensation for XXXVIII. And be it further enacted and ordained, That every
Hurt or Damage.
Person who, by committing any Offence herein forbidden within the
said Colony, shall have caused any Hurt or Damage to any Person
or Property, may be apprehended with or without any Warrant by
any Constable belonging to the Police Force, and if he shall not
upon Demand, make amends for such Hurt or Damage to the
Satisfaction of the Person aggrieved, he shall be detained by such
Constable in order to be taken before a Magistrate, and upon
Conviction shall pay such a Sum, not exceeding Ten Pounds as
shall appear to the Magistrate before whom he shall be convicted
to be reasonable Amends to the Person aggrieved, besides any
Penalty to which he may be liable for the Offence ; and the
Evidence of the Person aggrieved shall be admissible in Proof of
the Offence.
Not to prevent In- XXXIX. Provided always , and be it further enacted and ordained,
dictment or Action.
That nothing herein contained shall be construed to prevent any
Person from being indicted or being proceeded against by Indictment
or Information for any indictable Offence made punishable on Sum-
mary Conviction by this Ordinance, or to prevent any Person from
being liable to be proceeded against by Action for any Hurt or
Damage caused by him, provided nevertheless that no Person be
punished Twice for the same Offence, and provided no Compensation
shall have been awarded for such Hurt or Damage.
Recovery of Penal- XL. And be it further enacted and ordained, That the Penalties
ties.
imposed by this Ordinance shall be recovered in a Summary Manner
under and according to the Provisions of an Ordinance made and
passed on the Tenth Day of April in the Year of our Lord One
Thousand Eight Hundred and Forty-four, and numbered 10, entitled
An Ordinance to regulate Summary Proceedings before Justices of the
Peace, and to protect Justices in the Execution of their Office.
Imprisonment on XLI. And be it further enacted and ordained, That in every
Non-payment of Pe- case of the Adjudication of a Pecuniary Penalty or Amends under
this Ordinance, and Nonpayment thereof, it shall be lawful for the
Magistrate to imprison the Offender for a Term of not more than
Seven Days where the Penalty imposed shall not exceed Five Pounds,
and not more than Fourteen Days where the Penalty imposed shall
not exceed Ten Pounds, the Imprisonment to cease on Payment of
the Sum due.
XLII.
9º1 VICTORIE.- No 14 OF 1845 . 69
XLII. And be it further enacted and ordained, That in the Meaning ofthe word
Construction of this Ordinance, the Word " Magistrate " shall be Magistrate.
taken to mean and include every Assistant Magistrate, and also
every Justice of the Peace acting in and for any District or Place
within the Colony of Hongkong.
XLIII. And be it further enacted and ordained, That in the General Interpreta-
Construction of this Ordinance, unless there be something in the tion Clause.
Context repugnant thereto, any Word denoting the Singular Number
and Male Sex shall be taken to extend to any Number of Persons or
Things and to both Sexes,
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 26th Day of December, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL, HONGKONG.
1847.
HONGKONG
COLONIAL ORDINANCES .
1846 .
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL.
1847 .
CONTENTS.
COLONIAL ORDINANCES OF 1846.
Page.
No. 1 OF 1846.-" An Ordinance to Amend the Ordinance No. 9 of 1844, entitled, An Ordinance
to restrain all Persons within the Colony of Hongkong from Trading in the Empire of China to the
Northward of the Thirty-second Degree of North Latitude .' [ 23d January, 1846. ] " 1
No. 2 of 1846.-" An Ordinance to Amend the Ordinance No. 6 of 1845, entitled, ' An Ordinance
to repeal Ordinance No. 15 of 1844, for the Establishment of a Supreme Court of Judicature at
Hongkong, and to substitute other Provisions in lieu thereof.' [ 6th May, 1846.] " 3
No. 3 OF 1846.- " An Ordinance for the Relief of Insolvent Debtors within the Colony of Hongkong.
[ 6th May, 1846. ] " 5
No. 4 OF 1846.-" An Ordinance to explain and extend the Provisions of the Ordinance to Establish
a Licensed Ghaut Serang in the Colony of Hongkong, and for the better Regulation of Lascars
336
resorting thereto. [9th July, 1846. ] " 37
No. 5 OF 1846.-" An Ordinance for the Substitution of Notices and Advertisements under the
Ordinance No. 3 of 1846, entitled, ' An Ordinance for the Relief of Insolvent Debtors within the
Colony of Hongkong.' [ 8th October, 1846. ] " ... ... ... ... 39
No. 6 OF 1846.- " An Ordinance for the Regulation of Criminal Proceedings in the Supreme Court of
Hongkong, during the Absence of Her Majesty's Attorney-General. [8th October, 1846. ] " ... 41
No. 7 OF 1846.- " An Ordinance to Repeal Ordinance No. 18 of 1844, and to establish a more
effectual Registry of the Chinese Inhabitants, and a Census of the Population of the Island of
Hongkong. [ 31st December, 1846. ]" 43
DIEU DROIT
HONGKONG ,
ANNO NONO
VICTORIE REGINÆ.
No. 1 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to amend Ordinance No. 9 of 1844, entitled, " An Title.
"Ordinance to restrain all Persons within the Colony of Hongkongfrom
"Trading in the Empire of China to the Northward of the Thirty-second
66 Degree of North Latitude."
[23d January, 1846. ]
WHEREAS it is expedient that the said Ordinance, No. 9 of Preamble.
1844, should be amended, by declaring that Vessels engaged in the
Traffic thereby prohibited shall not be seized at Sea at a greater
Distance than One Hundred Miles from the Coast of China ; by
defining the Meaning of the Terms therein used, of " Ships or Vessels
sailing under the British Flag ;" by making further Provision for
the Title to Vessels engaged in such prohibited Trade, in the Event
of subsequent Sales, Transfers, or Mortgages ; and by introducing
more specific Provisions as to the Form of Procedure for the Seizure
and Sale of Vessels contravening the Enactments of said Ordinance :
I. Be it therefore enacted by His Excellency the Governor of seized No Vessel to be
at Sea at a
Hongkong, with the Advice of the Legislative Council thereof, That greater Distance than
One Hundred
no Vessel shall be seized or detained in pursuance of the Provisions from the CoastMiles
of
of the said Ordinance, at Sea, at a greater Distance than One China.
Hundred Miles from the Coast of China.
II. And be it further enacted, That the Terms " Ships or Vessels Definition of the
term or Vessels
sailing under the British Flag," used in the said Ordinance, shall be sailing under the Brit-
held solely to mean and include British Vessels navigated according ish Flag.
to Law, or Vessels British owned, and provided with Sailing Letters
from the Government of Hongkong.
A III.
2 COLONIAL ORDINANCES.
Provisions as to the III. And be it enacted, That the Power given by the said
Sale of Vessels
charged of Ordinance, of selling Ships or Vessels discharged of Bills of Sale,
of Bills dis-
Sale, Transfers, or Transfers, or Mortgages, made or executed under the Circumstances
Mortgages.
therein also mentioned, be confined to cases of Sale, Transfer, or
Mortgages made or executed after the Seizure of such Ships or
Vessels, and to cases of Sales, Transfers, or Mortgages made before
Seizure, if made to Transferees or Mortgagees having Notice that
such Ship or Vessel had been employed in Trading contrary to any
of the Prohibitions of the said Ordinance.
Provision as to Sei- IV. And be it further enacted and ordained, That no Vessel
zure of Vessels.
shall be seized or detained under the Provisions of the said Ordinance,
unless the Chief Superintendent of Trade shall have issued a General
or Special Warrant or Order under his Hand and Seal for that
purpose, which Warrant or Order shall also direct that such Vessel
shall with all reasonable Expedition be brought into the Harbour of
Hongkong, and be there detained until further Order of the Chief
Superintendent aforesaid, or of the Supreme Court of Hongkong.
Penalties, how reco- V. And be it further enacted, That all Penalties and Forfeitures
vered.
which may have been heretofore, or may be hereafter incurred under
this or the said Ordinance, may at the Instance of the Chief Super-
intendent of Trade be prosecuted, sued for, and recovered in the
Supreme Court of Hongkong, upon Information to be filed by Her
Majesty's Attorney-General for the said Colony ; and that the said
Court in pronouncing any Judgment or order imposing any Penalty
incurred by a Violation of the said Ordinance, shall have Power to
authorize and direct, that if the same be not paid within One
Calendar Month from the Time of giving or making such Judgment
or Order, the said Vessel shall be sold by Public Auction, in whole
or part Satisfaction of the said Judgment, as far as the Proceeds of
the said Sale may reach.
JOHN FRANCIS DAVIS.
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 23d Day of January, 1846 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DROIT
HONGKONG ,
ANNO NONO
VIC TORIÆ
VICTORIÆ REGINE.
No. 2 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, Her Majesty's Plenipotentiary and Chief Superinten-
dent of the Trade of British Subjects in China, with the Advice of
the Legislative Council of Hongkong.
An Ordinance to amend the Ordinance No. 6 of 1845, entitled Title.
" An Ordinance to repeal Ordinance No. 15 of 1844, for the Establish-
"ment of a Supreme Court ofJudicature at Hongkong, and to substitute
66
other Provisions in lieu thereof."
[ 6th May, 1846. ]
WHEREAS it is expedient to amend the said Ordinance No. 6 Preamble.
of 1845, by making Provisions for the saving of all Proceedings and
all Suits formerly depending in the Court of Hongkong, the Abolition
of which Court is effected by the Second Section of the said Ordinance ;
as also with Reference to the Fourth Section of the said Ordinance,
by limiting the Operation, in this Colony, of the Laws of England
and the Practice of the English Courts to such Laws and Practice as
existed when a Local Legislature was first conferred on the said
Colony : And whereas also it is deemed advisable to reserve to the
Legislative Council of the said Island, the Power of Revising and
Approving of the Rules and Orders to be made under the Twenty-
third Section of the said Ordinance No. 6 of 1845 , before the same
shall become binding ; and to Repeal the Twenty-ninth Section of
of the said Ordinance, constituting a Local Court of Error and
Appeal :
I. Be it therefore enacted and ordained by His Excellency the 29th Section of Or-
Governor of Hongkong with the Advice of the Legislative Council dinance
repealed.No. 6 of 1845
thereof, That from and after the passing of this Ordinance, the said
Twenty-ninth Section of the Ordinance No. 6 of 1845 shall be, and
is hereby repealed.
II.
4 COLONIAL ORDINANCES .
Proceedings pending II. And be it further enacted and ordained. That all Proceedings
in former Court saved.
formerly commenced in or adopted under the said former Court of
Hongkong, and that all Suits and Matters (if any) which may have
been pending at the Date of its Abolition, may be continued or
revived in the said Supreme Court.
Laws of England in III. And be it further enacted and ordained, That from henceforth
force on the 5th day
of April, 1843, to be such of the Laws of England only, and such Portion of the Practice
in force in the Colony of the English Courts, (subject to the Exception of their Applicability
when applicable.
as contained in the said Fourth Section of Ordinance No. 6 of 1845,)
as existed when the said Colony obtained a Local Legislature that
is to say, on the Fifth Day of April, One Thousand Eight Hundred
and Forty-three-shall be of Force therein.
Rules and Orders of
IV. And be it further enacted and ordained, That no future
Court to be subject to
Approval of Council, Rule or Order of the said Supreme Court, made in pursuance of the
and to be published. Twenty-third Section of the said Ordinance No. 6 of 1845 , shall be
deemed binding until the same shall be Revised and Approved of by
the Legislative Council of the said Island ; and that all such Rules,
immediately after such Approval, shall be published in one or more
of the Newspapers published within the said Colony.
JOHN FRANCIS DAVIS
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 6th Day of May, 1846.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DROIT
INSOLVENT DEBTOR'S ACT.
HONGKONG ,
ANNO NONO
VICTORIÆ REGINE.
No. 3 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for the Relief ofInsolvent Debtors within the Colony Title.
ofHongkong.
[ 6th May, 1846. ]
WHEREAS it is expedient that express Provisions should be Preamble.
made for such Cases of Insolvency :
I. Be it therefore enacted and ordained by the Governor of Persons Imprisoned
for Debt may to
Hongkong with the Advice of the Legislative Council thereof, That the Supreme Court in
from and after the Time appointed for the Commencement of this a Summary Way for
Discharge.
Ordinance, it shall be lawful for any Person who shall be in actual
Custody within the Walls of any Prison in the Colony of Hongkong,
upon any Process whatsoever, for or by Reason of any Debt, Damages,
Costs, Sum or Sums of Money, or for or by Reason of any Contempt
of any Court whatsoever, for Nonpayment of any Sum or Sums of
Money, or of Costs taxed or untaxed, either ordered to be paid, or to
the Payment of which such Person would be liable in purging such
Contempt, or in any Manner in consequence or by Reason of such
Contempt, at any Time within the Space of Fourteen Days next Time of Petitioning .
after the Commencement of the actual Custody of such Prisoner,
whether such Commencement shall have been in the same Prison,
or in any other Prison ; or afterwards, if the Supreme Court of
Hongkong shall in any case think reasonable to permit the same, to
apply by Petition in a Summary Way to the said Supreme Court
B for
ES
6 COLONIAL ORDINANC .
for his Discharge from such Custody, according to the Provisions of
What shall be stated this Ordinance ; and in such Petition shall be stated the Time and
in the Petition.
Place of the first Arrest of such Prisoner in the Cause or Causes
wherein he shall then be detained, and the Time of his Commitment
to the Prison where he shall then be confined ; and if such Prisoner
shall not have been in the same Custody from the Time of such first
Arrest, then the Means and Manner by which the Change of Custody
of such Prisoner has taken place, and also the Name or Names of
the Person or Persons at whose Suit or Prosecution such Prisoner
shall at the Time of presenting such Petition be detained in Custody,
and the Amount of the Debt or Debts, Sum or Sums of Money, and
of such Costs as aforesaid, so far as the Amount of such Costs is
ascertained, for which he shall be so detained ; and such Prisoner
shall in such Petition state whether such Prisoner has given Notice
to the Keeper of the Gaol or Prison in which he shall be confined of
his Intention to present the said Petition , which Notice the said
Prisoner is hereby required to give in Writing to the Keeper of such
Gaol or Prison ; and such Prisoner shall in such Petition state that
he is willing that all his Real and Personal Estate and Effects shall
be vested in the Provisional Assignee for the Time being of the
Estates and Effects of Insolvent Debtors in the Colony of Hongkong,
according to the Provisions of this Ordinance, and shall pray to be
discharged from Custody, and to have future Liberty of his Person
against the Demands for which such Prisoner shall be then in
Custody, and against the Demands of all other Persons who shall be
or claim to be Creditors of such Prisoner at the Time of presenting
Petition to be signed Such Petition ; which Petition shall be subscribed by the said Prisoner,
and filed.
and shall forthwith be filed in the said Supreme Court.
Detaining Creditors II. And be it enacted and ordained, That if any Prisoner who
of Prisoners in Execu-
tion may apply by Pe- at the Time appointed for the Commencement of this Ordinance
tition to Supreme Court shall have been committed to any Prison or Gaol, and charged in
for an Order to vest
Debtor's Estate in Pro- Execution for any Debt, Damages, or any Costs or Sum or Sums of
visional Assignee of Money, or committed for or by Reason of any Contempt of any Court
Court appointed for
that Purpose. whatsoever for Nonpayment of any Sum or Sums of Money, or of
Costs, taxed or untaxed, either ordered to be paid, or to the Payment
of which such Prisoner would be liable in purging such Contempt,
or in any Manner in Consequence or by Reason of such Contempt,
shall not, within Twenty-one Days next after the Time appointed
for the Commencement of this Act, make Satisfaction to the Creditor
or Creditors at whose Suit such Prisoner shall have been so com-
mitted or charged in Execution for such Debt, Damages, Costs, Sum
or Sums of Money, or to the Person or Persons entitled to the Money
for the Nonpayment of which such Prisoner shall have been in
contempt, or to the Payment of which such Prisoner would be liable
in Consequence or by Reason of such Contempt ; or if any Prisoner
who after the Time appointed for the Commencement of this Act
shall be committed to any Prison or Gaol, and charged in Execution
for any Debt or Damages, or any Costs or Sum or Sums of Money,
or committed for or by Reason of any such Contempt as aforesaid,
shall not, within Twenty-one Days next after such Prisoner shall be
so committed or charged in Execution as aforesaid, make Satisfaction
to the Creditor or Creditors at whose Suit such Prisoner shall have
been so committed or charged in Execution for such Debt, Damages,
Costs, Sum or Sums of Money, or to the Person or Persons entitled
to
9° VICTORIE.- No. 3 OF 1846. 7
to the Money for Nonpayment of which such Prisoner shall have
been in Contempt, or to the Payment of which such Prisoner would
be liable in Consequence or by Reason of such Contempt ; then, and
in any of the said Cases, it shall be lawful for any such Creditor or
Creditors, or Person or Persons entitled to such Money as aforesaid,
to apply by Petition in a Summary Way to the said Supreme Court
for an Order vesting the Real and Personal Estate and Effects of
such Prisoner in the Provisional Assignee for the Time being of the
Estate and Effects of Insolvent Debtors in the Colony of Hongkong,
according to the Provisions of this Ordinance ; and such Petition shall
be signed by the Party or Parties so applying ; and in such Petition
shall be stated the Time and Place of the Commitment or Charge in
Execution of such Prisoner at the Suit of the Party or Parties so
applying, and the Amount of the Debt or Sum of Money for which
such Prisoner shall have been so committed or charged in Execution ;
and such Petition shall be supported by such Evidence, by Affidavit
or otherwise, of the Truth of the Matters therein stated, as the said
Court shall think fit to require ; and the Party or Parties presenting
such Petition shall thereby state that he or they is or are desirous
that such Prisoner should be ordered to file a Schedule of his Property
according to the Provisions of this Ordinance, and should thereupon
be brought up before the said Supreme Court to be dealt with
according to the Provisions of this Ordinance ; and such Petition,
and the Evidence in Support thereof, shall forthwith be filed in the
said Court ; and the said Court shall and may require such Prisoner
to file his Schedule, and shall and may cause such Prisoner to be
brought up to be dealt with according to this Ordinance, and all
things to be done thereupon or preparatory thereto as in other cases
according to this Ordinance.
III. And be it enacted and ordained, That upon the filing of Effects,
Prisoner's Estateand
except Wear-
such Petition by such Prisoner, or on the filing of such Petition by ing Apparel, &c., not
such Creditor or Creditors as aforesaid, and the Evidence in Support exceeding £20, to and
be
thereof, as the case may be, it shall be lawful for the said Supreme vested in Provisional
Court, and such Court is hereby authorized and required, to order Assignee
the by Order of
that all the Real and Personal Estate and Effects of such Prisoner
within this Colony, except the Wearing Apparel, Bedding, and other
such Necessaries of such Person and his Family, and the Working
Tools and Implements of such Prisoner, not exceeding in the whole
the Value of Twenty Pounds, and all the future Estate, Right, Title,
Interest, and Trust of such Prisoner in or to any Real and Personal
Estate and Effects within this Colony, or which such Prisoner may
purchase, or which may revert, descend, be devised or bequeathed ,
or come to him, before he shall become entitled to his final Discharge
in Pursuance of this Ordinance, according to the Adjudication made
in that Behalf; or in case such Prisoner shall obtain his full Dis-
charge from Custody without any Adjudication being made by the
said Court, then before such Prisoner shall be so fully Discharged
from Custody ; and all Debts due or growing due to such Prisoner,
or to be due to him or her before such Discharge as aforesaid, shall
be vested in the Provisional Assignee for the Time being of the
Estates and Effects of Insolvent Debtors in the said Colony of
Hongkong ; and such Order shall be entered of Record in the same
Court, and such Notice thereof shall be published as the said Court
shall direct ; and such Order when so made shall, without any
Conveyance
00
ORDINANCES
.
COLONIAL
Conveyance or Assignment, vest all the Real and Personal Estate
and Effects of such Prisoner, and all such future Real and Personal
Estate and Effects as aforesaid, of every Nature and Kind whatsoever,
and all such Debts as aforesaid, in the said Provisional Assignee :
Provided always, that in case the Petition of any such Prisoner shall
be dismissed by the said Court, such vesting Order made in Pursuance
of such Petition shall from and after such Dismission be null and
void to all Intents and Purposes : Provided also, that in case any
such vesting Order as aforesaid shall become null and void by the
Dismission of the Prisoner's Petition, all the Acts theretofore done
by the said Provisional Assignee, or any Person or Persons acting
under his Authority, according to the Provisions of this Ordinance,
shall be good and valid ; and no Action or Suit shall be commenced
against such Provisional Assignee, nor. against any Person duly
acting under his Authority, except to recover any Property, Estate,
Money, or Effects of such Prisoner, detained after an Order made by
the said Court for the Delivery thereof, and Demand made thereupon :
Provided also , that when such vesting Order shall have been made
on the Petition of a Creditor as aforesaid, it shall be lawful for the
said Court, if it shall seem just and right, but not without Proof
made to the Satisfaction of the said Court of the Consent of the
Petitioning Creditor, to make Order declaring such vesting Order to
be null and void, and the same shall thereupon be null and void to
all Intents and Purposes : Provided always, and it is hereby declared ,
that before or after the making of such vesting Order it shall and
may be lawful for the said Court, if it shall seem fit or expedient, to
order any necessary Conveyance by the said Insolvent of the whole
or part of his Real or Personal Estate, or Effects or Assets whatso-
*
ever, which may be situated Abroad or out of the said Colony.
Prisoners within the IV. And be it enacted and ordained, That no Prisoner shall
Walls only to petition ; upon his own Petition be entitled to the Benefit of this Ordinance
who shall not be at the Time of filing his Petition, and during all
the Proceedings thereon, in actual Custody within the Walls of the
Prison, without any Intermission of such Imprisonment by Leave of
Except in certain the Court or otherwise : Provided always, that if, after any such
cases.
Prisoner shall have obtained an Order to be brought up in order to
be dealt with according to the Provisions of this Ordinance, it shall
appear to the Satisfaction of the said Court, by the Oath or Affidavit
of a Physician, Surgeon, or Apothecary, and such other Evidence as
the said Court may require, that such Prisoner cannot continue to
reside within the Walls of any such Prison without serious Injury
to the Health of such Prisoner, or that for the sake of the Health of
the Prisoners in general, it is necessary that the Number thereof
within the Walls of any such Prison should be reduced, it shall be
lawful for the said Court to dispense with such actual Custody of
any such Prisoner within the Walls as is hereinbefore mentioned ;
Provided that if any such Prisoner, having obtained such Dispensation,
shall go beyond the Rules and Liberties in which he shall in pur-
suance thereof be confined, such Prisoner shall thereby be deprived
Power to Court to of all Benefit of this Ordinance : Provided also, that after any Order
direct Prisoner to be
discharged on his find- shall have been made under this Ordinance directing any Insolvent
ing
at Sureties Place to be brought up in order to be dealt with according to the Provisions
to attend
Time and
of Hearing. of this Ordinance, it shall be lawful for the said Court, if such Court
shall think fit so to do, and on such Notice to the detaining Creditor
or
9º VICTORIE.- No. 3 OF 1846. 9
or Creditors of such Insolvent as the said Court shall deem proper,
to direct such Insolvent to be Discharged out of Custody, on his
finding Two sufficient Sureties to enter into a Recognizance to the
Provisional Assignee of the said Court in such Sum as the said Court
shall think fit, with a Condition that such Insolvent shall duly
appear at the Time and Place fixed for the Hearing of such Insolvent,
and on every adjourned Hearing, and shall abide by the final Judgment
of the said Court, and on such other Terms (if any) as the said Court
shall think fit to impose, and to issue a Warrant directed to the
Gaoler, ordering the Discharge of such Insolvent from Custody
accordingly ; and that after such Discharge such Insolvent shall be
free from Arrest or Imprisonment by any Creditor whose Debt shall
be specified in the Schedule filed by such Insolvent as hereinafter
mentioned, until the Time appointed for the Hearing of such Insolvent,
and for such further Time (if any) as the said Court shall by En-
dorsement on such Order from Time to Time appoint : Provided
always nevertheless, that in case any Insolvent so Discharged out of
Custody shall not duly appear at the Time and Place fixed for the
Hearing or any adjourned Hearing of such Insolvent (not being
prevented by Illness or other lawful Impediment, to be allowed of
by the said Court) the Recognizance so entered into shall be forfeited,
and the Amount secured thereby shall be recoverable in a Summary
Way, by a Distress and Sale of the Goods and Chattels of such
Sureties, as the said Court shall by their Order direct ; and the
Amount so recovered shall be applied for the Benefit of the Creditors
of such Insolvent in like Manner as if the same were Part of his
Estate and Effects ; and the said Court may also issue a Warrant
authorizing any Person or Persons to be therein named to Apprehend
and Arrest such Insolvent, and deliver him into the Custody of the
Gaoler or Keeper in whose Custody such Prisoner was at the Time
when he was so discharged as aforesaid ; and such Gaolar or Keeper
is hereby required to receive such Prisoner again into his Custody ;
and all Detainers which were in force against him at the Time of
such Discharge, or which shall have since been duly lodged against
him, shall thereupon be deemed to be in force : Provided further,
that any Insolvent so Discharged out of Custody as aforesaid shall,
on his appearing before the said Court, be deemed and considered
for all the Purposes of this Ordinance, in the Custody in which he
was at the Time he was so Discharged.
V. And be it enacted and ordained, That no Prisoner whose Prisoner not to be
Estate shall, by an Order under this Ordinance, have been vested in discharged for want of
Plaintiff proceeding in
the said Provisional Assignee shall, after the making of such Order, his Action.
be discharged out of Custody, as to any Action, Suit, or Process for
or concerning any Debt, Sum of Money, Damages, or Claim with
respect to which an Adjudication can, under the Provisions of this
Ordinance, be made by or by virtue of any Supersedes, Judgment of
Non-pros, or Judgment as in the case of a Non-suit, for want of the
Plaintiff or Plaintiffs in such Action, Suit, or Process proceeding
therein .
VI. And be it enacted and ordained , That it shall be lawful for toProvisional Assignee
take Possession of
the Provisional Assignee of the said Court to take Possession himself, Estates, &c., vested in
or by means of a Messenger of the said Court, or other Person or him, and sell the same
if the Court directs ;
Persons appointed by him, of all the Real and Personal Estate and
с Effects
10 COLONIAL ORDINANCES.
Effects of every such Prisoner, vested in such Provisional Assignee
by virtue of any such Order or Conveyance as aforesaid ; and if the
said Court shall so Order, to sell or otherwise dispose of such Goods,
Chattels, and Personal Estate, or any Part thereof, and of the Real
Estate of such Prisoner, according to the Provisions hereinafter made
with regard to the Sale of such Real Estate, and out of the Proceeds
of such Real and Personal Estate to defray, in the first place, all such
Paying the Expen- Costs and Expenses of taking possession or of seizing and selling the
ses, &c.
same, as shall be allowed by the said Court, and to account for the
Produce of such Sale or Disposition to the said Court ; and it shall
To sue in his own be lawful for the said Provisional Assignee to sue in his own Name,
Name, &c.
if the said Court shall so Order, for the recovering, obtaining, and
enforcing of any Estates, Debts, Effects, or Rights of any such
Property vested in Prisoner ; and all and every the Real and Personal Estate, Money,
to his Sue- and Effects, vested in or possessed by such Provisional Assignee by
cessortoingoOffice.
him
virtue of such Order as aforesaid, shall not remain in him if he shall
resign or be removed from his Office, nor in his Heirs, Executors, or
Administrators, in case of his Death, but shall in every such case go
to and be vested in his Successors in Office appointed by the said
Court as aforesaid.
Court may order an VII. And be it further enacted and ordained , That the said
Allowance to Prisoner
during his Confine Court may Order and direct such Provisional Assignee as aforesaid,
ment, or for
of Schedule. Expense or such Assignee or Assignees as are hereinafter mentioned, to pay
to any such Prisoner, out of his or her Estate and Effects, such
Allowance for his or her Support and Maintenance during such
Prisoner's Imprisonment, and previous to the Adjudication in the
matter of his Petition, or for the Expenses of making out and filing
his Schedule, as to the said Court shall seem reasonable and fit .
When Prisoner is VIII. Provided always, and be it enacted and ordained, That in
out of Cus-
tody, Acts of Assignees case any Prisoner as to whose Estate and Effects any such vesting
to be valid. Order as aforesaid shall have been made shall, by the Consent or
Default of his detaining Creditor or Creditors, be discharged out of
Custody without any Adjudication being made in that Behalf by the
said Court, all the Acts done before such Discharge by the said
Provisional Assignee, or other Assignee or Assignees appointed as
hereinafter provided, or other Person or Persons acting under his or
their Authority, according to the Provisions of this Ordinance, shall
No Action to be be good and valid ; and that in such case, no Action or Suit shall be
them
where Assignment is commenced against such Provisional Assignee, or against any As-
avoided. signee or Assignees appointed under this Ordinance, nor against any
Person duly acting under his or their Authority, except to recover
any Property, Estate, Money, or Effects of such Prisoner, detained
after an Order made by the said Court for the Delivery thereof, and
Demand made thereupon.
Power of Court to IX. And be it enacted and ordained , That it shall be lawful for
Appoint Assignees.
the said Court to appoint any of its Officers as a Provisional
Assignee, or at any Time after the making any such vesting Order
as aforesaid as to the same Court shall seem expedient, to appoint a
proper Person or Persons to be Assignee or Assignees of the Estate
and Effects of such Prisoner, for the Purposes of this Ordinance ;
and when such Assignee or Assignees shall have signified to the
said Court his or their Acceptance of the said Appointment, the
Estate,
9º VICTORIE.-No . 3 OF 1846. 11
Estate, Effects, Rights, and Powers of such Prisoner, vested in such
Provisional Assignee as aforesaid, shall immediately, by virtue of
such Appointment, and without any Conveyance or Assignment,
vest in the said Assignee or Assignees, in Trust for the Benefit of
the Creditors of such Prisoner, in respect of or in Proportion to their
respective Debts, according to the Provisions of this Ordinance ; and
every such Appointment shall, after such Acceptance thereof, be
entered of Record of the said Court, and such Notice thereof shall
be published as the said Court shall direct ; and every Person so
appointed Assignee shall be deemed to be an Officer of the said
Court, and shall be liable as such to the controul thereof : Provided
always, that it shall be lawful for the said Court to direct any Fee
or Remuneration for the Performance of Duties in getting in and
distributing the Estate of any Insolvent Debtor, whether by any
Assignee, or by the Provisional Assignee, in case of such Distribution
being effected without the Appointment of any other Assignee, which
shall not exceed the rate of Five per Centum on the Sum received
as Produce of such Estate.
X. And be it enacted and ordained , That a Copy of any Order Certified Copy of
Order and Appoint-
under this Ordinance vesting the Estate and Effects of any Prisoner ment to be Evidence.
in the Provisional Assignee of the Estate and Effects of Insolvent
Debtors, or of the Appointment, under the Provision last hereinbefore
contained, of an Assignee or Assignees of such Estate and Effects,
such Copy purporting to have the Certificate of the Provisional
Assignee of the said Court, or his Deputy appointed for that purpose,
endorsed thereon, and to be sealed with the Seal of the said Court,
shall, in all Courts and Places within the said Colony, and without
further Proof, be recognized and received as sufficient Evidence of
such Order and Appointment respectively having been made, and of
the Title of the Provisional Assignee, and of such other Assignee or
Assignees respectively, under the same : Provided always, that where, Proviso for Registry.
according to any Laws now in force, any Conveyance or Assignment
of any Real or Personal Property of an Insolvent Debtor would be
required to be registered, enrolled, or recorded in any Registry Office
in the said Colony, then and in every such case said Certified Copy
as hereinbefore is described of such Order under this Ordinance,
vesting the Estate and Effects of any Prisoner in the Provisional
Assignee of the said Court, and a like certified Copy of the Appoint-
ment of an Assignee or Assignees under this Ordinance (if any such
Appointment shall have been made), shall be registered in the Regis-
try Office, Court, or Place wherein such Conveyance or Assignment
as last aforesaid would require to be registered, enrolled, or recorded ;
and the Registry hereby directed shall have the like Effect, to all
Intents and Purposes, as the Registry, Enrolment, or Recording of
such Conveyance or Assignment as last aforesaid would have had ;
and the Title of any Purchaser of any such Property as last aforesaid
for valuable Consideration, without Notice of any such Order or
Appointment as aforesaid, who shall have duly registered, enrolled,
or recorded his Purchase Deed previously to the Registry hereby
directed, shall not be invalidated by Reason of such Order as afore-
said, or the Appointment of an Assignee or Assignees as aforesaid,
or the vesting of such Property in him or them consequent thereupon
respectively, unless a Certified Copy of such Orders and a Certified
Copy of such Appointment, if any, shall be registered as aforesaid
within
121
.
ORDINANCES
COLONIAL
within the Time following ; that is to say, within One Month after
the Date of such Order and Appointment respectively.
Sale of Estate and XI. And be it further enacted and ordained, That the Assignee
Effects to be made im-
mediately. or Assignees of the Estate and Effects of any such Prisoner shall,
with all convenient Speed after his or their Appointment, use his or
their best Endeavours to receive and get in the Estate and Effects of
such Prisoner, and shall with all convenient Speed make Sale of all
such Estate and Effects ; and if such Prisoner shall be interested in
or entitled to any Real Estate, either in Possession, Reversion , or
Expectancy, such Real Estate, within the Space of Six Months after
the Appointment of such Assignee or Assignees, or within such other
Time as the said Court shall direct, shall be sold by Public Auction,
in such Manner and at such Place or Places, as shall, Thirty Days
before any such Sale, be approved, in Writing under their Hands,
by the Major Part in Value of the Creditors of such Prisoner entitled
Creditors to meet to the Benefit thereof, who shall meet together on Notice of such
Sale of Real Estate. Meeting, published Fourteen Days previous thereto in the Colonial
Meeting to be ad- Paper used at the time in the Colony for Government Notifications,
vertised.
and also in some other Paper circulating therein.
Discretion in Court XII. " And whereas Persons whose Estates may, by an Order
as to the Disposal of ❝ under this Ordinance, have been vested in the said Provisional
certain
cases. 66
Assignee, may be entitled to Annuities for their own Lives, or
" other uncertain Interests, or to reversionary or contingent Interests,
66
or to Property under such Circumstances that the immediate Sale
" thereof for Payment of their Debts may be very prejudicial to
" them, and deprive them of the Means of Subsistence which they
" might otherwise have, after Payment of their Debts ; and it may
" be proper in some cases to authorize the raising of Money by way
" of Mortgage for Payment of the Debts or Part of the Debts of such
" Person, instead of selling the Property of such Person for that
66
Purpose ;" be it enacted and ordained, That in all such Cases it
shall be lawful for the said Court to take into Consideration all
Circumstances affecting the Property of any such Person ; and if it
shall appear to the said Court that it would be reasonable to make
any Special Order touching the same, it shall be lawful for the said
Court so to do, and to direct that such Property as it may be
expedient not to sell, or not to sell immediately, according to the
Provisions of this Ordinance, shall not be so sold, and from Time to
Time to order and direct in what Manner such Property shall be
managed for the Benefit of the Creditors of such Person, until the
same can be properly sold, or until Payment of all such Creditors,
according to the Provisions of this Ordinance, shall have been made,
and to make such Orders touching the Sale or Disposition of such
Property as to the said Court shall seem reasonable, considering the
Rights of the Creditors of such Person to Payment of their Demands,
and the future Benefit of such Person after Payment of his Debts,
and upon such Terms and Conditions with respect to the Allowance
of Interest on Debts not bearing Interest, or other Circumstances, as
Property may be to the said Court shall seem just ; and if it shall appear to the said
mortgaged if more be- Court that the Debts of such Person can be discharged by means of
neficial.
Money raised by way of Mortgage on any Property of such Person ,
instead of raising the same by Sale, it shall be lawful for the said
Court so to order, and to give all necessary Directions for such
Purpose,
9° VICTORIE.- No. 3 OF 1846.
13
Purpose, and generally to direct all Things which may be proper for
the Discharge of the Debt of such Person in such Manner as may be
most consistent with the Interest of such Person in any Surplus of
his or her Effects after Payment of such Debt.
XIII. And be it enacted and ordained, That all Powers vested Assignees may exe-
in any such Prisoner whose Estate shall, by an Order under this cute Powers which the
Insolvent might have
Ordinance, have been vested in the Provisional Assignee, which such executed for his own
Benefit.
Prisoner might legally execute for his own Benefit, shall be and are
hereby vested in the Assignee or Assignees of the Real and Personal
Estate of such Prisoner by virtue of this Ordinance, to be by such
Assignee or Assignees executed for the Benefit of all and every the
Creditors of such Prisoner under this Ordinance, in such Manner as
such Prisoner might have executed the same.
XIV. And be it enacted and ordained , That in all cases in which Where Lease accept-
ed by Assignees, the
any such Prisoner shall be entitled to any Lease or Agreement for a Insolvent not liable for
Lease, and his Assignee or Assignees shall accept the same, and the the Rent.
Benefit thereof, as Part of such Prisoner's Estate and Effects, the
said Prisoner shall be or not be deemed to be liable to pay any
subsequent Rent to which his Discharge, adjudicated according to
this Ordinance, may not apply, nor be in any Manner sued after
such Acceptance in respect or by reason of any subsequent Non-
observance or Non-performance of the Conditions, Covenants, or
Agreements therein contained : Provided that in all such Cases as Assignees not deter-
mining whether to ac-
aforesaid it shall be lawful for the Lessor, or Person agreeing to cept the Lease, the
make such Lease, his Heirs, Executors, Administrators, or Assigns, the
Lessor may apply to
if the said Assignee or Assignees shall decline, upon his or their
being required so to do , to determine whether he or they will or will
not accept such Lease or Agreement for a Lease, to apply to the said
Court, praying that he or they may either so accept the same, or
deliver up such Lease or Agreement for a Lease, and the Possession
of the Premises demised or intended to be demised ; and the said
Court shall thereupon make such Order as in all the Circumstances
of the Case shall seem meet and just, and such Order shall be
binding on all Parties.
XV. And be it enacted and ordained, That it shall be lawful for . Assignees may sue
in their own Names ;
the Assignee or Assignees of any such Prisoner, and such Assignee
or Assignees is and are hereby empowered, to sue, from Time to
Time as there may be Occasion, in his or their own Name or Names,
for the recovery, obtaining, and enforcing of any Estate, Effects, or
Rights of such Prisoner, but in Trust for the Benefit of the Creditors
of such Prisoner, according to the Provisions of this Act, and to give
such Discharge and Discharges to any Person or Persons who shall
be respectively indebted to such Prisoner as may be requisite ; and for
mayDebts.
make Composition
to make Compositions with any Debtors or Accountants to such
Prisoner, where the same shall appear necessary, and to take such
reasonable Part of any such Debts as can, upon such Composition, be
gotten in full Discharge of such Debts and Accounts ; and to submit
to Arbitration any Difference or Dispute between such Assignee or
Assignees and any Person or Persons for or on account or by reason
of any Matter, Cause, or Thing relating to the Estate and Effects of
Proviso for Consent
such Prisoner : Provided nevertheless, that no such Composition, or Creditors
Submission to Arbitration, shall be made, nor any Suit in Equity be of intendto
positions com-
Arbritra-
D commenced, tions.
14 COLONIAL ORDINANCES.
commenced, by any such Assignee or Assignees, without the Consent
in Writing of the Major Part in Value of the Creditors of such
Prisoner then residing in the said Colony, who shall meet together
pursuant to a Notice of such Meeting, to be published at least
Fourteen Days before such Meeting in the Two aforesaid Newspapers,
nor without the Approbation of the said Court.
Creditors to vote ac- XVI. And be it enacted and ordained, That all Matters wherein
cording to Balance
to them on Account due Creditors shall vote, or wherein the Assent or Dissent of Creditors
fairly stated. shall be exercised in pursuance of or in carrying into effect this
Ordinance, every Creditor shall be accounted such in respect of such
Amount only as upon an Account fairly stated between the Parties,
after allowing the Value of Mortgaged Property, and other such
available Securities and Liens, shall appear to be Balance due ; and
that all Disputes arising in such Matters concerning any such
Amount shall, upon Application duly made in that Behalf, be
examined into by the said Court, who shall have Power to determine
the same, and, if it seem fit, to refer the Examination thereof to an
Officer of the said Court, or to an Examiner to be appointed for that
Purpose by the said Court ; Provided always, that the Amount in
respect of which any such Creditor shall vote in any such Matter
shall not be conclusive of the Amount of his or her Debt for any
ulterior Purposes, in pursuance of the Provisions of this Ordinance.
Suits not to be aba- XVII. And be it enacted , That whenever any such Assignee or
ted by Death or Remo-
val of Assignees. Assignees shall die or be removed, or a new Assignee or Assignees
shall be appointed in pursuance of the Provisions of this Ordinance,
no Action at Law or Suit in Equity shall be thereby abated, but the
Court in which any Action or Suit is depending may, upon the
Suggestion of such Death or Removal and new Appointment, allow
the Name or Names of the surviving or new Assignee or Assignees
to be substituted in the Place of the former ; and such Action or
Suit shall be prosecuted in the Name or Names of the said surviving
or new Assignee or Assignees, in the same Manner as if he or they
had originally commenced the same.
Assignee's Power XVIII. And be it enacted and ordained, That nothing in this
not to extend to the
Pay or Pension of Na- Ordinance contained shall extend to entitle the Assignee or Assignees
val, Military,
Officers . or Civil of the Estate and Effects of any such Prisoner, being or having been
an Officer of the Army or Navy, or an Officer, or Clerk, or otherwise
employed or engaged in the Service of Her Majesty in any Civil
Office, and being or having been in the Naval or Military Service of
the East India Company, or an Officer, or Clerk, or otherwise em-
ployed or engaged in the Service of the Court of Directors of the
said Company, or being otherwise in the Enjoyment of any Pension
whatever under any Department of Her Majesty's Government or
from the said Court of Directors, to the Pay, Half Pay, Salary,
Emoluments, or Pension of any such Prisoner, for the Purposes of
Portion of Pay or this Ordinance : Provided always, that it shall be lawful for the said
Emolu-
ed on may be obtain- Court to order such Portion of the Pay, Half Pay, Salary,
Pension
ments, or Pension of any such Prisoner, as on Communication from
the said Court to the Secretary at War, or the Lords Commissioners
of the Admiralty, or the Commissioners of the Customs or Excise,
or the Chief Officer of the Department to which such Prisoner may
belong or have belonged, or under which such Pay, Half Pay, Salary,
Emoluments ,
9º VICTORIE.- No 3 OF 1846.
15
Emoluments, or Pension may be enjoyed by such Prisoner, or the
said Court of Directors, he or they may respectively, under his or
their Hands, or under the Hand of his or their Chief Secretary, or
other Chief Officer for the Time being, consent to in Writing, to be
paid to such Assignee or Assignees, in Order that the same may be
applied in Payment of the Debts of such Prisoner ; and such Order
and Consent being lodged in the Office of Her Majesty's Pay-Master-
General, or of the Secretary of the said Court of Directors, or of any
other Officer or Person appointed to pay, or paying, any such Pay,
Half Pay, Salary, Emoluments, or Pension, or such Portion of the
said Pay, Half Pay, Salary, Emoluments, or Pension, as shall be
specified in such Order and Consent shall be paid to the said
Assignee or Assignees, until the said Court shall make Order to the
Contrary.
XIX. And be it enacted and ordained, That if any such Prisoner Goods in Possession
of Prisoner, whereof
shall, at the Time of his Arrest, or other Commencement of his he was reputed Owner,
Imprisonment, by the Consent and Permission of the true Owner to be deemed his Pro-
perty.
thereof, have in his Possession, Order, or Disposition, any Goods or
Chattels whereof such Prisoner was reputed Owner, or whereof he
had taken upon him the Sale, Alteration, or Disposition as Owner,
the same shall be deemed to be the Property of such Prisoner, so as
to become vested in the Provisional Assignee of the said Court by
the Order made in pursuance of this Ordinance.
Distress not to be
XX. And be it enacted and ordained, That no Distress or available formore than
Distresses for Rent made and levied after the Arrest or other One Year's Rent.
Commencement of the Imprisonment of any Person whose Estate
shall, by any such Order as aforesaid, have been vested in the
Provisional Assignee, upon the Goods or Effects of any such Person,
shall be available for more than One Year's Rent accrued prior to
the making of such Order, but that the Landlord or Party to whom
the Rent shall be due shall and may be a Creditor for the Overplus
of the Rent due, and for which the Distress shall not be available,
and entitled to all the Provisions made for Creditors by this Ordi-
nance.
XXI. And be it enacted and ordained, That if any such Prisoner ence
Voluntary Prefer-
and
shall, before or after his or her Imprisonment, being in Insolvent void as against As-
Circumstances, voluntarily convey, assign, transfer, charge, deliver, signees.
or make over any Estate, Real or Personal, Security for Money,
Bond, Bill, Note, Money, Property, Goods, or Effects whatsoever, to
any Creditor or Creditors, or to any Person or Persons in Trust for,
or to or for the Use, Benefit, or Advantage of any Creditor or Creditors,
every such Conveyance, Assignment, Transfer, Charge, Delivery, and
Making over shall be deemed and is hereby declared to be fraudulent
and void as against the Provisional or other Assignee or Assignees
of such Prisoner appointed under this Ordinance : Provided always,
that no such Conveyance, Assignment, Transfer, Charge, Delivery,
or Making over shall be so deemed fraudulent and void unless made
within Three Months before the Commencement of such Imprison-
ment, or with the View or Intention, by the Party so Conveying,
Assigning, Transferring, Charging, Delivering, or Making over, of
Petitioning the said Court for his Discharge from Custody under
this Act.
16 COLONIAL ORDINANCES.
Provisions of 3 G. 4, XXII. " And whereas an Act passed the Imperial Parliament in
c. 39, extended
of to the " the Third Year of the Reign of His late Majesty King George the
Insol-
vents. 66
Fourth, intituled An Act for preventing Frauds upon Creditors by
"secret Warrants of Attorney to confess Judgment ; And whereas it
" is expedient to extend the Provisions of such Act ;" be it therefore
enacted and ordained , That the last mentioned Act shall extend to
the Provisional or other Assignee or Assignees of every Prisoner
whose Estate shall, after the Expiration of Twenty-one Days next
after his Execution of such Warrant of Attorney, or giving of such
Cognovit Actionem as therein mentioned, be vested in the Pro-
visional Assignee of the said Court by virtue of this Ordinance, as
if the last mentioned Act had been expressly herein enacted ; and
every such Warrant of Attorney, and Judgment and Execution
thereon, and every such Cognovit Actionem, and Judgment entered
up thereon, and Execution taken out on such Judgment, as are
declared by the last mentioned Act to be fraudulent and void
against the Assignees mentioned therein , shall be deemed equally
fraudulent and void against the Provisional or other Assignee or
Assignees of such Prisoner, appointed under this Ordinance ; and
such Provisional or other Assignee or Assignees shall be entitled
to recover back and receive, for the Use of the Creditors of such
Prisoner, all and every the Moneys levied and Effects seized under
or by virtue of any such Judgment or Execution .
Warrant ofAttorney XXIII. And be it further enacted and ordained, That in all
and Cognovit Actionem
not to be acted upon Cases where any Prisoner whose Estate shall have been vested in
against after
solvent Goodshis In- the said Provisional Assignee under this Ordinance shall have exe-
of Im-
prisonment. cuted any Warrant of Attorney to confess Judgment, or shall have
given any Cognovit Actionem or Bill of Sale, whether for a valuable
Consideration or otherwise, no Person shall, after the Commencement
of the Imprisonment of such Prisoner, avail himself or herself of any
Execution issued or to be issued upon any Judgment obtained or to
be obtained upon such Warrant of Attorney or Cognovit Actionem,
or of such Bill of Sale, either by Seizure and Sale of the Property of
such Prisoner, or any Part thereof, or by Sale of such Property
theretofore seized, or any Part thereof ; but that any Person or
Persons to whom any Sum or Sums of Money shall be due in
respect of any such Warrant of Attorney or Cognovit Actionem, or
of such Bill of Sale, shall and may be a Creditor or Creditors for the
same under this Ordinance.
Assignees to file Ac- XXIV. And be it further enacted and ordained, That the said
counts.
Provisional Assignee shall keep Account from Day to Day, the same
to be of Record in the said Court, of all Moneys received and paid,
and of everything done by him and under him in the Matter of
every Estate of any such Prisoner vested in him, and shall make
Oath of the Truth of every such Account as often as he shall be
duly required so to do ; and that every other Assignee of any such
Estate at the End of Three Months at the farthest from the Time of
his Appointment, or sooner if the said Court shall direct, and so
from Time to Time as Occasion shall require or the said Court shall
direct, shall make up an Account of such Estate, and make Oath
in Writing before any Person before whom Affidavits are by this
Ordinance directed to be sworn, that such Account contains a fair,
just, and particular Account of the Estate and Effects of such Prisoner,
got
9º VICTORIE.-No . 3 of 1846.
17
got in by or for such Assignee, and of all Payments necessarily
made or deducted therefrom, and of all Expenses sought to be
allowed in respect thereof, up to the Time of filing such Account, or
to some ulterior Time if need be ; which Account so sworn, together
with a Minute concerning the probable Assets of the Estate (if any),
shall be filed with the proper Officer of the said Court ; and thereupon
and at the Time of so filing, the same Appointments shall be made
for the Examination of such Accounts, and for taxation of all Costs
and Charges claimed by such Assignee ; and Examination shall be dited.
Accounts to be au-
had of the Proceedings of the said Provisional Assignee, or of any
other Assignee or Assignees as the case may be, and of all the
Matters of his or their Account, by the Court, or a Commissioner
thereof, or an Examiner duly appointed, before any such Assignee
shall proceed to a Dividend ; and if upon such Examination there Debts to be ascer-
tained, and Dividend
shall appear to be in the Hands of such Assignee or Assignees any in
Balance wherewith a Dividend may be made, Proceedings shall be
had forthwith under the Direction of the said Court for making such
Dividend, and also, when it shall appear necessary, for correcting and
ascertaining the List of Creditors entitled to receive the same ; and
Notice of any Meeting ordered to be held for such ascertaining of
Debts, or for declaring Dividend thereupon, or for both Purposes,
shall be given for such Time and Place and in such Manner as the
How Dividend to be
said Court shall at any Time or in any Case direct ; and in case made.
such Dividend shall be made before Adjudication shall have been
made with respect to such Prisoner as hereinafter provided, the
same shall be made amongst the Creditors of such Prisoner, who
shall prove their Debts in pursuance of any Order of the said Court
to be made in that Behalf; and in case such Dividend shall be
made after such Adjudication, the same shall be made amongst the
Creditors of such Prisoner, whose Debts shall be admitted in his or
her Schedule so sworn to as hereinafter directed, and amongst such
other Creditors (if any) who shall prove their Debts in Manner
aforesaid, in proportion to the Amount of the Debts so proved, and
so admitted and proved respectively, as the case may be : Provided . Court may examine
into disputed Claims.
always, that if any such Prisoner, Creditor, or Assignee shall object
in whole or in part to any Debt tendered to be so proved as afore-
said, or to any Debt mentioned in the Schedule of such Prisoner, or
if any Person whose Demand is stated in such Schedule, but is not
admitted therein to the extent of such Demand, shall claim to be
admitted as a Creditor for the whole of such Demand, or for more
thereof than is so admitted, the said Objections and Claims shall,
upon Application duly made, be examined into by the said Court ;
and the said Court may, if it shall seem fit, refer the Examination
of the same to an Officer of the said Court, or to an Examiner duly
appointed in Pursuance of this Ordinance ; and the said Court, and
such Officer or Examiner to whom such Reference shall have been
made, shall have full Power for the Purpose aforesaid to require and
compel the Production of all Books, Papers, and Writings which
may be necessary to be produced, as well by the Person claiming
such Debt, as by such Prisoner, or his or her Assignee or Assignees,
Creditor or Creditors, and to Examine all such Persons and their
Witnesses upon Oath, as the Nature of the Case may require, and
to take all other Measures necessary for the due Investigation of
such Objections and Claims ; and the Decision of the said Court
thereupon shall be conclusive with respect to the Title of any such
E Creditor
18 COLONIAL ORDINANCES .
Creditor or Creditors to his , her, or their Share of such Dividend
under the Provisions of such Ordinance : Provided always, that if in
any Case it shall appear expedient that the Proof of any Debt or
Debts should be required to be made at any earlier or other Period
than as aforesaid, it shall be lawful at any Time for the said Court,
by Notice as may be directed in that Behalf, to cause all or any of
the Creditors to prove their Debts in such Manner as the said Court
or a Commissioner thereof shall require, and to decide upon such
Debts and the Rights to receive Dividends thereupon, and to do all
things requisite thereto as aforesaid.
If Prisoner, or Cre- XXV. And be it further enacted and ordained, That in Case
ditor, or Court
fied with dissatis- such Prisoner, or any of his or her Creditors, or the said Court, shall
Assignee's
Account, the Court at any Time be dissatisfied with the Account of any such Assignee
may direct Inquiry.
or Assignees, so rendered upon Oath as aforesaid, and it shall appear
to the said Court that the Matters of such Account require a fuller
or further Examination ; or in Case any such Assignee or Assignees
shall neglect to render such Account, or shall neglect to dispose of
the Property or collect the Effects of such Prisoner, or shall in any
Manner waste or mismanage the Estate or Effects of such Prisoner,
or neglect to make a due Distribution thereof,-it shall be lawful for
the said Court to require such Assignee or Assignees to render such
Account on Oath as is directed by this Ordinance, if not before
rendered, and for the said Court to examine or further examine any
Account so rendered, and to enquire into any Waste, Mismanagement,
or Neglect of the Estate and Effects of such Prisoner, and, if it shall
seem fit, to order that it shall be referred to an Officer of the said
Court, or to an Examiner duly appointed in pursuance of this
Ordinance to investigate the Accounts of such Assignee or Assignees
so rendered as aforesaid, together with all Matters brought forward
in Objection thereto, and to examine into the Truth thereof, and to
report thereon to the said Court : and it shall and may be lawful
for the said Court, or such Officer or Examiner, upon such Reference
as aforesaid, to require and compel the production of all Books,
Papers, and Writings necessary for such purposes, and to summon
all Parties and their Witnesses on Oath as the case may require ;
and the said Court shall and may take all such Measures as shall be
necessary for the compelling of the rendering of such Account and
for the due Investigation thereof, and shall have Power to disallow
any Charge or Charges in such Account which it shall appear to the
said Court ought not in fairness to be allowed, and to ascertain the
Produce of the Estate and Effects of any such Prisoner to be divided
among his or her Creditors, and to direct the Distribution thereof,
and to take all such Measures and make such Order as may be
necessary for compelling the proper Disposition and Distribution
thereof, and to award Costs against any of the Parties, as Justice
Court may Charge shall require ; and that it shall appear to the said Court upon any
Assignee Twenty Examination of the Matters of Account that any such Assignee or
per Centwith on Money
wilfully retained.
Assignees shall have wilfully retained in his or her Hands, or
otherwise employed for his or their own Benefit, any Sum or Sums
of Money, Part of or being the Produce of such Estate or Effects, the
said Court shall have Power and Authority to Order such Assignee
or Assignees to be charged, in his or their Accounts with the Estate
of such Prisoner, with such Sum or Sums of Money as shall be equal
to the Amount of Interest, computed at a Rate not exceeding Twenty
Pounds
9º VICTORIE.-No. 3 of 1846. 19
Pounds per Centum per Annum on all Sums of Money appearing to
the said Court to be so retained or employed by him or them for
the Time or Times during which he or they shall have so retained
or employed the same ; and the said Court shall, in pursuance of
such Order, charge such Assignee or Assignees in their Accounts
with such Sum or Sums of Money accordingly ; and the Decisions of
the said Court upon all such Matters shall be final and conclusive.
XXVI. And be it further enacted and ordained, That in all Assignees to pay un-
claimed Dividends into
Cases where any Dividend or Dividends have remained in the Hands Court.
of any Assignee or Assignees for the space of Twelve Months next
following the declaring thereof, such Dividend or Dividends shall be
paid by such Assignee or Assignees into the said Court to be placed
to the Credit of the proper Party or Parties in that Behalf under
such Estate : Provided always, that it shall be lawful for the said
Court at any Time, although such Twelve Months may not have
expired, if it shall seem fit, to direct that all unpaid and unclaimed
Dividends, together with the Balance remaining in the Hands of
any Assignee or Assignees, shall be paid forthwith into the said
Court to the Credit of the said Estate, or of the particular Creditors
thereof, as the case may be.
XXVII. And be it further enacted and ordained, That in case Court may remove
Assignees and appoint
any Assignee of the Estate and Effects of any such Prisoner so new Assignees.
appointed as aforesaid shall be unwilling to act, or in case of the
Death, Incapacity, Disability, Misconduct, or Absence from the Colony
of any such Assignee, or other cause of Unfitness appearing to the
said Court, it shall be lawful to and for any Creditor or Creditors of
such Prisoner to apply to the said Court to appoint a new Assignee
or Assignees with like Powers and Authorities as are given by this
Ordinance to the Assignee or Assignees hereinbefore mentioned ; and
that the said Court shall have Power to remove such Assignees, and
to appoint such new Assignee or Assignees, and to compel any
Assignee who shall be removed, and the Heirs, Executors, and
Administrators of any deceased Assignee, to account for and deliver
up to the said Court, or as the said Court shall order, all such
Estate and Effects, Books, Papers, Writings, Deeds, and other Evi-
dences relating thereto, as shall remain in his or their Hands, to be
applied for the Purposes of this Act ; and the Decision of the said
Court in the Matters aforesaid shall be final and conclusive ; and
from and immediately after such Appointment of a new Assignee or
Assignees, and by virtue of the Order of said Court in that behalf,
all the Estate, Effects, Rights, and Powers of such Prisoner vested
in any such former Assignee or Assignees shall become, and the
same are hereby vested in such new Assignee or Assignees without
any Assignment or Conveyance executed in that Behalf ; and every
such Removal or Appointment shall be entered of Record in the
said Court, and such Notice thereof shall be published as the said
What shall be evi-
Court shall at any Time direct : such Certified Copy thereof as is dence of Removal and
hereinbefore directed to be received as Proof of such Order and Appointment.
Appointment as aforesaid made in pursuance of this Ordinance.
XXVIII. And be it further enacted and ordained, That in case Court may commit
for to file Ac-
any Assignee or other Person shall disobey any Rule or Order of the counts and other Con-
said Conrt duly made by the said Court for enforcing the Purposes tempts.
and
20 COLONIAL ORDINANCES .
and Provisions of this Ordinance, or made and entered into by the
Consent of such Assignee or other Person for carrying into Effect
the Purposes and Provisions of this Ordinance, it shall and may be
lawful for the said Court to order the Person so offending to be
arrested and committed, as for a Contempt of the said Court, to the
Prison or common Gaol, there to remain without Bail or Mainprize
until such Person shall have fulfilled the Duty required by the said
recited Acts of this Ordinance, or until the said Court shall make
Order to the contrary.
Court may direct XXIX. " And whereas it may often happen that some Interest
Conveyance by Provi-
sional Assignee where " in Lands and Tenements has or may become vested in the Pro-
ed. Assignee is appoint- " visional Assignee of the said Court for the Relief of Insolvent
no
" Debtors which appears to be of no Value to Creditors, but never-
"theless it may be reasonable and expedient that the Provisional
66
Assignee should make or join in making some Conveyance or
66
Assignment of the same, and that the same should be done without
"the Expense attending Advertisements and Meetings of Creditors,
" as hereinbefore described in certain cases ;" Be it therefore enacted
and ordained, That it shall be lawful for the said Court, at any
Time after the Day gazetted for the bringing up of any Prisoner to
be dealt with according to the Provisions of this Ordinance, if no
Person or Persons other than the said Provisional Assignee shall
have been appointed Assignee or Assignees of his Estate and Effects,
and if it shall appear fit, upon such Notice given by Advertisement
or otherwise to the Creditors, or any of them, as the said Court
shall in any Case direct, to order the said Provisional Assignee to
make or join in making any Conveyance or Assignment of any such
Interest as to the said Court may appear just and reasonable, with-
out observing the Provisions of this Ordinance as to the Sale of
Real Property by the Provisional or other Assignees of the Estates
of Insolvent Debtors.
After Order made, XXX. And be it enacted and ordained, That every Prisoner
the Prisoner to deliver
in a Schedule of Debts, whose Estate shall, by an Order to be made under this Ordinance,
Property, & c. be vested in the Provisional Assignee of the said Court (whether
upon his own Petition or on the Petition of any such Creditor as
aforesaid) , shall within the space of Fourteen Days next after such
Order shall have been made, or next after Notice in Writing of such
Order having been made shall have been given to him, in case such
Order shall not have been made on his own Petition, or within such
further Time as the said Court shall think reasonable, deliver into
the said Court a Schedule, containing a full and fair Description of
such Prisoner, as to his Name or Names, Trade or Trades, Profession
or Professions, together with the last usual Place of Abode of such
Prisoner, and the Place or Places where he has resided during the
Time when his Debts were contracted ; and also a full and true
Description of all Debts due or growing due from such Prisoner at
the Time of making such Order, and of all and every Person and
Persons to whom such Prisoner shall be indebted, or who to his
Knowledge or Belief shall claim to be his Creditors, together with
the Nature and Amount of such Debts and Claims respectively,
distinguishing such as shall be admitted from such as shall be
disputed by such Prisoner ; and also a full, true, and perfect Account
of all the Estate and Effects of such Prisoner. Real and Personal, in
Possession,
9º VICTORIE.- No 3 OF 1846. 21
Possession, Reversion, Remainder, or Expectancy ; and also of all
Places of Benefit or Advantage held by such Prisoner, whether the
Emoluments of the same arise from fixed Salaries or from Fees or
otherwise ; and also of all Pensions or Allowances of the said Pri-
soner, in Possession or Reversion, or held by any other Person or
Persons for or on Behalf of the said Prisoner, or of and from which
the said Prisoner derives or may derive any Manner of Benefit or
Advantage ; and also of all Rights and Powers of any Nature and
Kind whatsoever, which such Prisoner, or any other Person or
Persons in Trust for such Prisoner, or for his Use, Benefit, or
Advantage, in any Manner whatsoever, shall be seized or possessed
of, or interested in, or entitled unto, or which such Prisoner, or any
other Person or Persons in Trust for him, or for his Benefit, shall
have any Power to dispose of, charge, or exercise for the Benefit or
Advantage of such Prisoner ; together with a full, true, and perfect
Account of all the Debts at the Time of making such Order due or
growing due to such Prisoner, or to any Person or Persons in Trust
for him, or for his Benefit or Advantage, either solely or jointly with
any other Person or Persons, and the Names and Places of Abode of
the several Persons from whom such Debts shall be due or growing
due, and of the Witnesses who can prove such Debts, so far as such
Prisoner can set forth the same ; and the said Schedule shall also Schedule to be filed
with Books and Papers.
contain a Balance Sheet of so much of the Receipts and Expendi-
tures of such Prisoner, and of the Items composing the same, as
shall be at any Time required by the said Court in that behalf ; and
also shall fully and truly describe the Wearing Apparel, Bedding,
and other Necessaries of such Prisoner and his or her Family, and
the Working Tools and Implements of such Prisoner, not exceeding
in the whole the Value of Twenty Pounds, which may be excepted
by such Prisoner from the Operation of this Ordinance, together
with the Values of such excepted Articles respectively ; and the said
Schedule shall be subscribed by such Prisoner, and shall forthwith
be filed in the said Court, together will all Books, Papers, Deeds, and
Writings in any way relating to such Prisoner's Estate or Effects
in his or her Possession, or under his or her Custody or Control,
XXXI. And be it further enacted and ordained, That the said Court to appoint
Time and Place for
Court shall forthwith, after such Schedule shall have been filed as Prisoner to be brought
aforesaid in the said Court by any such Prisoner, appoint a Time up.
and Place for such Prisoner to be brought up before the Court, to be
dealt with according to the Provisions of this Ordinance ; and the
Time so appointed shall in no case be more than Four Calendar
Months after the Date of such Appointment.
XXXII. And be it enacted and ordained, That the said Court Notice to be given
shall cause Notice of the making every such vesting Order as afore- to Creditors, and ad-
said, and the filing of every such Schedule, and of the Time and
Place so as aforesaid appointed for such Prisoner to be brought up,
to be given, by such Means as the said Court shall direct, to the
Creditor or Creditors at whose Suit any such Prisoner shall be
detained in Custody, or the Attorney or Agent of such Creditor or
Creditors, and to the other Creditors named in the Schedule of such
Prisoner, and resident within the Colony, and whose Debts shall
amount to the Sum of Five Pounds, and to be inserted in the
Colonial Newspapers hereinbefore mentioned .
F XXXIII .
22 COLONIAL ORDINANCES.
At the Time ofhear- XXXIII. And be it enacted and ordained, That upon such Pri-
ing, the Schedule to be
examined. soner being brought up as aforesaid, the said Court shall examine
into the Schedule of every such Prisoner so brought before the said
Court upon the Oath of such Prisoner, and of such Parties and
other Witnessess as the said Court shall think fit to examine there-
Creditors may op- upon ; and in case such Notice as the said Court shall direct shall
pose Prisoner's Dis- have been given by any Creditor of his Intention to oppose such
charge.
Prisoner's Discharge, it shall be lawful, both for the said Creditor
and any other of the Creditors of such Prisoner, and notwithstanding
such Creditor or Creditors may have petitioned for and obtained
such vesting Order as aforesaid, to oppose such Prisoner's Discharge,
and for that Purpose to put such Questions to such Prisoner, and
examine such Witnesses, as the said Court shall think fit, touching
the Matters contained in such Schedule, and touching such other
Matters as the said Court shall be of opinion that it may be fit
and proper to inquire into, in order to the due Execution of this
Ordinance, but no Creditor shall examine or oppose the Discharge of
such Prisoner until he shall make Oath or Affidavit of his Debt, or
otherwise give satisfactory Proof of his Right to oppose such Pri-
Hearing may be ad- Soner's Discharge, if required so to do by such Prisoner ; and that in
journed.
case the said Court shall entertain any Doubt touching any Matter
alleged against such Prisoner at such Hearing, to prevent his or her
Discharge, or otherwise touching the Schedule or the Examination
of such Prisoner, or it shall appear that Amendment is necessary to
be made of such Schedule, or in case such Prisoner shall refuse to
be sworn, or shall not answer upon Oath to the Satisfaction of the
said Court, it shall be lawful for the said Court to adjourn the
Hearing and Examination of such Prisoner, and of Witnesses there-
upon, to some future Sitting of the said Court ; and in every such
case such Prisoner shall upon such Adjournment remain in Custody,
and shall and may be again brought up, and such Hearing and
Examination be further proceeded in, as often as to the said Court
shall seem fit : Provided always, that when any such Hearing shall
be adjourned by the said Court generally, to some future period, the
said Court shall and may, upon the Application of such Prisoner,
to be made within such Time as the said Court shall direct, order
the said Prisoner to be brought up for Hearing accordingly, and
such Notice thereof shall be given, and to such Parties, as the said
Court shall direct.
Affidavits may be XXXIV . Provided always, and be it further enacted and or-
received in
to Prisoner's Discharge dained, That where any Prisoner shall be so brought before the said
in certain Cases. Court for the Relief of Insolvent Debtors, it shall be lawful for the
said Court to receive the Affidavits of any Creditor or Creditors or
other Person or Persons in Opposition to the Discharge of such
Prisoner under this Ordinance, and also , if such Court shall think
fit, to permit Interrogations to be filed for the Examination or
Cross-Examination of any Person making or joining in such Affi-
davits, and to adjourn the Hearing and Examination of such Prisoner
until such Interrogatories shall be fully answered to the Satisfaction
of the said Court.
Schedule and Pri- XXXV. Provided always, and it is hereby enacted and ordained ,
soner's to an may That at such Hearing or adjourned Hearing, it shall be lawful for
Accounts
be referred
cer of the Court, or the said Court, if it shall appear fit, upon Application made by some
Creditor
9° VICTORIÆ.- No. 3 OF 1846 . 23
Creditor or Creditors, and supported by Oath or Affidavit, to order order
an Examiner, who
Prisoner tomay
at-
that it shall be referred to an Officer of the said Court or to an end.
Examiner to be appointed as aforesaid to investigate the Accounts
of such Prisoner and to examine into the Truth of his Schedule, and
to report thereon to the said Court ; and that the said Court may at
any such Hearing proceed on the other matters in Opposition to the
Discharge of such Prisoner, or may, if it shall appear just and
reasonable so to do, forthwith adjourn the Hearing thereof until
such Officer or Examiner shall have made his Report ; and that
upon such Reference being made as aforesaid, it shall be lawful for
such Officer or Examiner to order the Attendance of such Prisoner
as often as such Officer or Examiner shall think fit, and the Pri-
soner mentioned in such Order shall be accordingly carried before
such Officer or Examiner, for which such Order shall be a sufficient
Warrant ; and the Keeper of the Prison, or his Deputy, so carrying Officerand Examiner
any Prisoner before such Officer or Examiner, shall receive for the may administer Oaths.
same the Sum of Ten Shillings, and no more, to be paid by the
Person or Persons at whose Requisition the said Reference shall
have been had ; and such Officer or Examiner shall and may, under
such Reference, administer Oaths, and examine all Witnesses and
Parties upon their Oaths touching all Matters relating thereto :
Provided that in all Cases where such Reference shall have been Court may order Ex-
penses of Reference to
made as aforesaid it shall be lawful for the said Court, if such cause be paid out of Insol-
shall appear, to order all the Fees and Expenses of such Reference, vent's Estate.
paid by any Creditor or Creditors, to be repaid to him, her, or them
out of the first Money received by the Provisional or other Assignee
or Assignees of such Prisoner from or by his Estate or Effects.
XXXVI. And be it enacted and ordained, That after such Court, & c., may ad-
Examination of any such Prisoner as hereinbefore directed, it shall judge a Prisoner to be
be lawful, at such Hearing or adjourned Hearing as aforesaid, for the the
tody, and of
Benefit entitled to
this Act.
said Court, upon such Prisoner's swearing to the Truth of his
Schedule, and executing such Warrant of Attorney as is hereinafter
directed, to adjudge that such Prisoner shall be discharged from
Custody, and entitled to the Benefit of this Ordinance, at such Time
as the said Court shall direct, in pursuance of the Provisions herein-
after contained in that Behalf, as to the several Debts and Sums of
Money due or claimed to be due at the Time of making such vesting
Order as aforesaid from such Prisoner to the several Persons named
in his Schedule as Creditors, or claiming to be Creditors for the
same respectively, or for which such Persons shall have given Credit
to such Prisoner before the Time of making such vesting Order as
aforesaid, and which were not then payable, and as to the Claims of
all other Persons, not known to such Prisoner at the Time of such
Adjudication, who may be Indorsees or Holders of any negotiable
Security set forth in such Schedule so sworn to as aforesaid.
XXXVII. And be it enacted and ordained, That in all cases Court may adjudge
Discharge, &c., to be
where no Cause shall appear to the contrary, it shall be lawful for forthwith, or not later
the said Court, according as shall seem fit, to adjudge that such the than Six Months from
filing of the Peti-
Prisoner shall be so discharged, and so entitled as aforesaid, forth- tion.
with, or as soon as such Prisoner shall have been in Custody
at the Suit of one or more of the Persons as to whose Debts and
Claims such Discharge is so adjudicated , for such Period or Periods,
not exceeding Six Months in the whole, as the said Court shall
direct,
24 COLONIAL ORDINANCES.
direct, to be computed from the making of such vesting Order
as aforesaid.
In certain cases Dis- XXXVIII. And be it enacted and ordained, That in case it shall
charge, &c., to be at
any Period not later appear to the said Court that such Prisoner has fraudulently, with
than Three Years from Intent to conceal the State of his Affairs, or to defeat the objects of
Petition ing.
this Ordinance, destroyed or otherwise wilfully prevented or pur-
posely withheld the Production of any Books, Papers, or Writings
relating to such of his Affairs as are subject to Investigation under
this Ordinance, or kept or caused to be kept false Books, or made
false Entries in, or withheld Entries from, or wilfully altered or
falsified, any such Books, Papers, or Writings, or that such Prisoner
has fraudulently, with intent of diminishing the Sum to be divided
among his Creditors, or of giving an undue Preference to any of the
said Creditors, discharged or concealed any Debt due to or from the
said Prisoner, or made away with, charged, mortgaged , or concealed
any Part of his Property of what Kind soever, either before or
after the Commencement of his or her Imprisonment, then it
shall be lawful for the said Court to adjudge that such Prisoner
shall be so discharged and so entitled as aforesaid, so soon as he
shall have been in Custody at the Suit of some one or more
of the Persons as to whose Debts and Claims such Discharge is
so adjudicated, for such Period or Periods, not exceeding Three
Years in the whole, as the said Court shall direct, to be computed
as aforesaid.
In other cases the
Discharge, &c., to be XXXIX . And be it enacted and ordained, That in case it shall
at any Period not later appear to the said Court that such Prisoner shall have contracted
than Two Years from
Petitioning. any of his or her Debts fraudulently, or by means of a Breach of
Trust, or by means of false Pretences, or without having had any
reasonable or probable Expectation at the Time when contracted of
paying the same, or shall have fraudulently, or by means of false
Pretences, obtained the Forbearance of any of his Debts by any of
his Creditors, or shall have put any of his Creditors to any unneces-
sary Expense by any vexatious or frivolous Defence or Delay to any
Suit for recovering any Debt or Sum of Money due from such
Prisoner, or shall be indebted for Damages recovered in any Action
for Criminal Conversation with the Wife or for Seducing the Daughter
or Servant of the Plaintiff in such Action, or for Breach of Promise
of Marriage made to the Plaintiff in such Action, or for Damages
recovered in any Action for a malicious Prosecution, or for a Libel,
or for Slander, or in any other Action for a malicious Injury done to
the Plaintiff therein, or in any Action of Tort or Trespass to the
Person or Property of the Plaintiff therein, where it shall appear to
the Satisfaction of the said Court that the Injury complained of was
malicious, then it shall be lawful for such Court to adjudge that
such Prisoner shall be so discharged, and so entitled as aforesaid,
forthwith, except as to such Debt or Debts, Sum or Sums of Money,
or Damages as above mentioned ; and as to such Debt or Debts,
Sum or Sums of Money, or Damages, to adjudge that such Prisoner
shall be so discharged and so entitled as aforesaid, so soon as he
shall have been in Custody, at the Suit of the Person or Persons
who shall be Creditor or Creditors for the same respectively, for a
Period or Periods not exceeding Two Years in the whole, as the said
Court shall direct, to be computed as aforesaid .
XL.
9° VICTORIE.-No. 3 OF 1846. 25
XL. And be it enacted and ordained , That the Discharge of any Discharge may ex-
Prisoner so adjudicated as aforesaid shall and may extend to all tend to Process
Contempt for
in Non-pay.
Process issuing from any Court for any Contempt of any Court, ment of Money.
Ecclesiastical or Civil, for Non-payment of Money or of Costs or
Expenses in any Court, Ecclesiastical or Civil ; and that in such
Case the said Discharge shall be deemed to extend also to all Costs
which such Prisoner would be liable to pay in consequence or by
reason of such Contempt, or on purging the same ; and that every And to Costs incurred
Discharge so adjudicated as aforesaid, as to any Debt or Damages of by
to Creditor, but subject
any Creditor of such Prisoner, shall be deemed to extend also to all
Costs incurred by such Creditor before the filing of such Prisoner's
Schedule, in any Action or Suit brought by such Creditor against such
Prisoner for the recovery of the same ; and that all Persons as to
whose Demands for any such Costs, Money, or Expenses as aforesaid
any such Person shall be so adjudged to be discharged shall be deemed
and taken to be Creditors of such Prisoner in respect thereof, and
entitled to the Benefit of all the Provisions made for Creditors by
this Ordinance, subject nevertheless to such ascertaining of the
Amount of the said Demands as may be had by Taxation or other-
wise, and to such Examination thereof as is herein provided in
respect of all Claims to a Dividend of such Insolvent's Estate and
Effects .
XLI. And be it enacted and ordained, That the Discharge of Discharge may ex-
tend to Sums payable
any such Prisoner so adjudicated as aforesaid shall and may extend by way of Annuity, &c .
to any Sum and Sums of Money which shall be payable, by way of
Annuity or otherwise, at any future Time or Times, by virtue of
any Bond, Covenant, or other Securities of any Nature whatsoever,
and that every Person or Persons who would be a Creditor or
Creditors of such Prisoner for such Sum or Sums of Money if the
same were presently due, shall be admissible as a Creditor or
Creditors of such Prisoner for the Value of such Sum or Sums of
Money so payable as aforesaid, which Value the said Court shall,
upon Application at any Time made in that behalf, ascertain, regard
being had to the original Price given for such Sum or Sums of
Money, deducting therefrom such Diminution in the Value thereof
as shall have been caused by the Lapse of Time since the Grant
thereof to the Time of making such vesting Order as aforesaid ; and
such Creditor or Creditors shall be entitled in respect of such Value
to the Benefit of all the Provisions made for Creditors by this
Ordinance, without Prejudice nevertheless to the respective Securities
of such Creditor or Creditors, excepting as respects such Prisoner's
Discharge under this Ordinance.
XLII. And be it enacted and ordained, That whenever any Court may order
Creditor or Creditors opposing any such Prisoner's Discharge shall Costs,
to be in certain
paid Cases,
to opposing
prove to the Satisfaction of the said Court that such Prisoner has Creditors out of Insol-
vent's Estate.
done or committed any Act for which, upon such Adjudication as
aforesaid, he may be liable to remain in such Custody as aforesaid
for a period not exceeding Three Years, to be computed as aforesaid,
the said Court shall adjudge the taxed Costs of such Opposition to
be paid to such opposing Creditor or Creditors out of the Estate
and Effects of such Prisoner, by his or her Assignee or Assignees,
before any Dividend made thereof ; and in all other Cases of Oppo-
sition to a Prisoner's Discharge being substantiated or effectual, it
G shall
26 COLONIAL ORDINANCES.
shall be lawful for the said Court to adjudge in like Manner, if it
WhereOpposition shall seem fit ; and that in case it shall appear to the said Court
frivolous and
Costs may be awarded that the Opposition of any Creditor to any such Prisoner's Discharge
to Prisoner. was frivolous and vexatious, it shall be lawful for the said Court to
award such Costs to such Prisoner as shall appear to be just and
reasonable, to be paid by the Creditor or Creditors making such
Opposition, which shall be paid accordingly.
Courttomake Order, XLIII. And be it enacted and ordained , That where, upon any
to
tion, and issue Warrant Prisoner being brought up before the said Court, any such Adjudica-
to Gaoler.
tion shall have been made as aforesaid by the said Court, Order
shall be made accordingly by the said Court, in pursuance of such
Adjudication, and the said Court shall also issue a Warrant or
Warrants to the Gaoler accordingly , ordering the Discharge of such
Prisoner from Custody as to the Detainers under which he or she
shall then be confined, or which shall be lodged against him or her
before he or she shall be out of Custody, the same being for Debts
in respect of which such Adjudication shall have been made ; and
that every such Order of Adjudication shall take effect as from the
Day on which the Adjudication shall have been made in that
Specification ofDebts, behalf ; and that every such Adjudication and Certificate thereof
&c., not necessary in
Order of Adjudication, and Order thereupon, may be made without specifying therein any
such Debt or Debts, or Sum or Sums of Money, or Claims as afore-
said, or naming therein any such Creditor or Creditors as aforesaid,
excepting so far as shall be necessary in any Case in order to
distinguish between the Creditors as to whom any such Prisoner
may be adjudged to be so discharged and entitled as aforesaid
forthwith, and the Creditors as to whom he may be adjudged to be
so discharged and entitled at some future Period ; Provided never-
theless, that in all Cases the Detainer or Detainers with respect to
which any such Prisoner shall have been adjudged to be discharged
out of Custody, he being then in Custody thereupon , shall be specified
in the Warrant of the said Court to be delivered to the Gaoler in
that behalf.
Adjudication may be XLIV . And be it enacted and ordained, That where it shall
conditional in certain
Cases. appear to the said Court at any such Hearing as aforesaid of any
such Prisoner, that certain Matters or Things ought to be performed
by or on behalf of such Prisoner before he is intended to be actually
discharged from Custody, but that nevertheless it is expedient not
to adjourn the Hearing of the Case absolutely to some future
Occasion, without the Opportunity of such Discharge being sooner
had by doing such Things as aforesaid, it shall be lawful for the
said Court to pronounce Adjudication without their issuing the
Order and Warrant pursuant thereto ; and that such Adjudication
may be directed to be conditional on the Performance of such
Matters and Things as aforesaid ; and that on the Non-performance
thereof the Hearing of such Case shall stand adjourned, according
to the Direction made in that behalf.
Where Adjudication XLV. Provided always, and be it enacted and ordained , That
is a Discharge at a fu-
ture Period, the Pri- in all Cases where it shall have been adjudged that any such Prisoner
soner
or may be detained
arrested, & c., till shall be so discharged and so entitled as aforesaid at some future
that Period arrives. Period, such Prisoner shall be subject and liable to be detained in
Prison, and to be arrested and charged in Custody at the Suit of
any
9º VICTORIE.- No. 3 OF 1846. 27
any one or more of his or her Creditors with respect to whom it
shall have been so adjudged, at any Time before such Period shall
have arrived, in the same Manner as he would have been subject
and liable thereto if this Ordinance had not passed : Provided
nevertheless, that when such Period shall have arrived, such
Prisoner shall be entitled to the Benefit and Protection of this
Ordinance, notwithstanding that he may have been out of actual
Custody during all or any Part of the Time subsequent to such
Adjudication, by reason of such Prisoner not having been arrested
or detained during such Time or any Part thereof.
XLVI. And be it enacted and ordained, That in all cases where Court may order de-
taining Creditor to pay
such Prisoner shall, upon such Adjudication as aforesaid, be liable Prisoner a Sum not ex-
to further Imprisonment at the Suit of his Creditor or Creditors, or ceeding Four Shillings
a Week.
any or either of them, it shall be lawful at any Time for the said
Court, on the Application of such Prisoner, to order the Creditor or
Creditors at whose Suit he shall be so imprisoned to pay to such
Prisoner such Sum or Sums of Money, not exceeding the Rate of
Four Shillings by the Week in the whole, at such Times, and in
such Manner, and in such Proportions, as the said Court shall direct,
and that on Failure of Payment thereof, as directed by the said
Court, the said Court shall order such Prisoner to be forthwith
discharged from Custody at the Suit of the Creditor or Creditors so
failing to pay the same.
XLVII. And be it enacted and ordained, That before any such Prisoner
Before Adjudication,
shall execute
Adjudication shall be made with respect to any such Prisoner, the Warrant of Attorney
said Court shall require such Prisoner to execute a Warrant ofto for confess
AmountJudgment
of Debts
Attorney to authorize the entering up of a Judgment against such in Schedule.
Prisoner in the Court, in the Name of the Assignee or Assignees of
such Prisoner, or of such Provisional Assignee, if no other Assignee •
shall have been appointed and shall have accepted such Office, for
the Amount of the Debts stated in the Schedule of such Prisoner so
sworn to as aforesaid to be due or claimed to be due from such
Prisoner, or so much thereof as shall appear at the Time of executing
such Warrant of Attorney to be due and unsatisfied ; and any such
Warrant of Attorney is hereby declared not to be within the Mean-
ing of the said Act passed by the Imperial Parliament in the Third
Year of the Reign of His late Majesty King George the Fourth, nor
shall it be necessary that the same should be executed in the
Presence of an Attorney for such Prisoner, according to the Provision
hereinbefore in that behalf contained ; and the Order of the said
Court for entering up such Judgment shall be a sufficient Authority
to the proper Officer for entering up the same, and such Judgment
shall have the Force of a Recognizance ; and if at any Time it shall Court may to permit
appear to the Satisfaction of the said Court that such Prisoner is out thereupon, when
of Ability to pay such Debts or any Part thereof, or that he is dead, Insolvent is of Ability
leaving Assets for that Purpose, the said Court may permit Execu- leaving Assets.
tion to be taken out upon such Judgment, for such Sum of Money
as, under all the Circumstances of the case, the said Court shall
order, such Sum to be distributed rateably amongst the Creditors
of such Prisoners according to the Mode hereinbefore directed in
the case of a Dividend made after Adjudication ; and such further
Proceedings shall and may be had upon such Judgment as may
seem fit to the Discretion of the said Court from Time to Time,
until
28 COLONIAL ORDINANCES.
until the whole of the Debts due to the several Persons against
whom such Discharge shall have been obtained shall be fully paid
and satisfied, together with such Costs as the said Court shall think
No Scire facias ne- fit to award ; and no scire facias shall be necessary to revive such
cessary.
Judgment on account of any Lapse of Time, but Execution shall at
all Times issue thereon by virtue of the Order of the said Court ;
If Application is ill Provided always, that in case any such Application against any
founded
Court may vexatious, such Prisoner shall appear to the said Court to be ill founded and
anddismiss
same, with Costs.
vexatious, it shall be lawful for the said Court, not only to refuse to
make any Order on such Application, but also to dismiss the same,
with such Costs against the Party or Parties making the same as
to the said Court shall appear reasonable, and the said Costs shall
be paid accordingly.
Where Insolvent
shall after Discharge XLVIII . And be it enacted and ordained, That in case any such
become entitled to Pro- Person shall, after he has become entitled to the Benefit of this
perty which
taken in be Ordinance by any such Adjudication as aforesaid, become entitled to
cannot, the
Execution
Assignee may apply to or possessed of, in his own Right, any Property, whether the same be
Court for Relief.
in Hongkong or elsewhere, which by Law cannot be taken into
Execution under the said Judgment so to be entered up in the Names
of such Assignee or Assignees as aforesaid, and such Prisoner shall
have refused to convey, or assign, or transfer such Property, or so
much thereof as may be sufficient to satisfy the said Judgment, then ,
and in such case, it shall be lawful for the Assignee or Assignees of
such Prisoner to apply by Petition in a Summary Way, setting forth
the Facts of the case to the said Court, and to pray that the said
Prisoner may be taken and committed to Custody notwithstanding
any such Adjudication and Discharge as aforesaid ; and thereupon, if
upon Examination by the said Court, and hearing as well the said
Assignee or Assignees as the said Prisoner, in case he shall appear, or
the said Assignee or Assignees only, in case such Prisoner, due notice
having been given to him, shall not appear, it shall appear to the
said Court that the Contents of such Petition are true, then and in
such case the said Court shall so declare and adjudge, and shall
Court may order thereupon order the said Prisoner to be apprehended, and committed
Prisoner to be remand-
ed to Custody until he to Custody within the Walls of any Prison which the said Court
transfer such Property. shall direct, and not within any Rules or Liberties thereof, until he
shall convey, assign, and transfer such Property, or so much thereof
as the said Court shall direct, towards the Satisfaction of the said
Judgment, to such Assignee or Assignees, for the general Benefit of
the Creditors of such Prisoner.
Manner of Proceed- XLIX. And be it enacted and ordained, That in case any Person
where afterthe Dis-
charge of a Prisoner, or Persons, Body Politic or Corporate, shall, after any such Insolvent
any Person shall be- shall have become entitled to the Benefit of this Ordinance by any
come of Pro-
perty belonging to him. Such Adjudication as aforesaid, become or be possessed of, or have
under his or their Power or Control, any Legacy, or Money due or
growing due, Bills of Exchange, Promissory Notes, Bank Notes,
Securities for Money, Goods and Chattels, or any other Property
whatsoever belonging to such Insolvent, or held in Trust for him, or
for his Use and Benefit, or to which such Insolvent shall be in any
way entitled, or in case any such Person or Persons, Body Politic or
Corporate, shall be at such Period in any Manner indebted to such
Insolvent, it shall be lawful for the said Court, upon the Application
of any Assignee or Creditor of such Insolvent, to cause Notice to be
given
9° VICTORIE.- No. 3 OF 1846. 29
given to such Person or Persons, Body Politic or Corporate, directing
him or them to hold and retain the said Property till the said Court
shall make further Order concerning the same ; and thereupon it
shall be lawful for the said Court further to order such Person or
Persons, Body Politic or Corporate, to deliver over such Property,
and to pay such Debts as aforesaid, or any Part thereof, to the
Provisional or other Assignee or Assignees of the Estate and Effects
of such Insolvent, for the general Benefit of the Creditors of such
Insolvent, entitled to claim under such Judgment entered up by Order
ofthe said Court, as aforesaid ; and such Delivery and Payment shall
be made accordingly, in obedience to such Order ; and such Person
and Persons, Body Politic and Corporate, shall by such Payment and
Delivery, so made in pursuance of such Order of the said Court, be
discharged in respect of such Property, and Debts against all Persons
whatsoever to all Intents and Purpose.
L. And be it enacted and ordained, That no Person who shall Persons discharged
under this Ordinance
have become entitled to the Benefit of this Ordinance by any such not liable to Imprison-
Adjudication as aforesaid shall at any Time thereafter be imprisoned to
ment for Debts, &c.,
which
by reason of the Judgment so as aforesaid entered up against him extends.
or her, according to this Ordinance, or for or by reason of any Debt
or Sum of Money, or Costs, with respect to which such Person shall
have become so entitled, or for or by reason of any Judgment, Decree,
or Order for Payment of the same ; but that upon every Arrest or
Detainer in Prison upon any such Judgment so entered up as afore-
said, or for or by reason of any such Debt or Sum of Money or Costs,
or Judgment, Decree, or Order for Payment of the same, it shall be , If arrested, to be re-
leased by Judge of the
lawful for any Judge of the Court from which any Process shall have Court from which Pro-
issued in respect thereof, and such Judge is hereby required, upon cess issued.
Proof made to his Satisfaction that the Cause of such Arrest or
Detainer is such as hereinbefore mentioned, to release such Prisoner
from Custody, unless it shall appear to such Judge, upon Inquiry,
that such Adjudication as aforesaid was made without due Notice,
where Notice is by this Ordinance required, being given to or
acknowledged by the Plaintiff on such Process, or being by him
dispensed with by the Acceptance of a Dividend under this Ordinance,
or otherwise ; and at the same Time, if such Judge shall in his Whomay orderCosts
Discretion think fit, it shall be lawful for him to order such Plaintiff, to be paid to him.
or any Person or Persons suing out such Process, to pay such Prisoner
the Costs which he shall have incurred on such Occasion, or so much
thereof as to such Judge shall seem just and reasonable, such Prisoner
causing a Common Appearance to be entered for him in such Action
or Suit.
LI. And be it enacted and ordained, That after any Person shall Execution
After Discharge, no
to issue
have become entitled to the Benefit of this Ordinance by any such against Insolvent for
Adjudication as aforesaid, no Writ of Fierifacias or Elegit shall issue Debts, &c ., to
Adjudication which
extends.
on any Judgment obtained against such Prisoner, for any Debt or
Sum of Money with respect to which such Person shall have so
become entitled , nor in any Action upon any new Contract or Security
for Payment thereof, except upon the Judgment entered up against
such Prisoner according to this Ordinance ; and that if any Suit or
Action shall be brought or any Scirefacias be issued against any such
Person, his Heirs, Executors, or Administrators, for any such Debt
or Sum of Money, or upon any new Contract or Security for Payment
H thereof,
30 COLONIAL ORDINANCES.
thereof, or upon any Judgment obtained against, or any Statute or
Recognizance acknowledged by such Person for the same, except as
aforesaid, it shall be lawful for such Person, his Heirs, Executors, or
Discharge under
Ordinance may this
be Administrators, to plead generally that such Person was duly dis-
pleaded generally. charged according to this Ordinance by the Order of Adjudication
made in that behalf, and that such Order remains in force, without
pleading any other Matter specially ; whereto the Plaintiff or Plaintiffs
shall or may reply generally, and deny the Matters pleaded as
aforesaid, or reply any other Matter or Thing which may shew the
Defendant or Defendants not to be entitled to the Benefit of this
Ordinance, or that such Person was not duly discharged according to
the Provisions thereof, in the same Manner as the Plaintiff or Plain-
tiffs might have replied in case the Defendant or Defendants had
pleaded this Ordinance, and a Discharge by virtue thereof, specially.
When Debts are sa- LII. Provided always, and be it enacted and ordained, That if at
tisfied, the Court may
order Warrant of At any Time after any such Adjudication as aforesaid shall have been
torney to be cancelled, made with respect to any such Prisoner in pursuance of this Ordi-
and Satisfaction to be
entered on the Judg.nance, it shall appear to the Satisfaction of the said Court that all
ment. the Debts in respect of which such Adjudication was made have been
discharged and satisfied, it shall be lawful for such Court, upon
Application duly made, to direct the Warrant of Attorney executed
by such Prisoner under this Ordinance to be cancelled, or if Judgment
shall have been entered up thereon, to order Satisfaction to be entered
on such Judgment, and the Order of the said Court for entering up
such Satisfaction shall be a sufficient Authority to the proper Officer
And a Re-assign- for entering up the same ; and that if in any Case it shall appear to
ment to be executed. the Satisfaction of the said Court that after the Debts of any such
Prisoner shall have been so discharged and satisfied as aforesaid,
there shall remain in the Possession, or subject to the Control of his
or her Assignee or Assignees, any Property of any Kind or Description
whatsoever which has come to such Assignee or Assignees, or to
which he or they may claim Title, by virtue of the Order made in
that behalf, or otherwise by virtue of his or their Office of Assignee
or Assignees, it shall be lawful for the said Court, on Application duly
made, to order that all such Property so remaining as aforesaid shall
be vested in the Person whose Debts shall have been so satisfied and
discharged, or his Heirs, Executors, Administrators, or Assigns ; and
such Order shall have the Effect of vesting the same accordingly ;
and that any Deed of Release to be recorded in the said Court, by
which any such Debt or Debts shall be released or discharged, shall
not be liable to any Stamp Duty.
Where Errorin Sche- LIII. " And whereas it may sometimes happen that a Debt of,
dule Ordinan
this to ope- ❝or Claim upon, or Balance due from such Prisoner as aforesaid,
withoutce Fraud,
rate upon the actual " may be specified in his Schedule so sworn to as aforesaid at an
Amount of Debt. "Amount which is not exactly the actual Amount thereof, without
66
any culpable Negligence or Fraud, or evil Intention on the Part of
" such Prisoner ; " Be it enacted and ordained, That in such Case the
said Prisoner shall be entitled to all and every Benefit and Protection
of this Ordinance ; and the Creditor in that behalf shall be entitled
to the Benefit of all the Provisions made for Creditors by this Act,
in respect of the actual Amount of such Debt, Claim, or Balance,
and neither more nor less than the same, to all Intents and Purposes ,
such Error in the said Schedule notwithstanding.
LIV.
9° VICTORIE.-No 3 OF 1846. 31
LIV. And be it further enacted and ordained, That every such Adjudication and
Order to be final, un-
Adjudication as aforesaid by the said Court as aforesaid, with less obtained on False
respect to any Prisoner, and the Order thereupon, so made as afore- Evidence, &c. , in which
case Court may order
said, shall be final and conclusive, and shall not be received by the a Re-hearing.
said Court, unless the said Court shall thereafter see good and
sufficient Cause to believe that such Adjudication has been made
on false Evidence, or otherwise improperly made or fraudulently
obtained ; in which Case it shall be lawful for the said Court, upon
the Application of such Prisoner, or of any Creditor of such Prisoner,
to order such Prisoner, upon due Notice to be given to such Persons,
and in such Manner as the said Court shall direct, to attend , or to be
brought up, and the said Matter to be reheard before the said Court,
as the Case may require, who shall thereupon rehear the same, and
shall and may, if just Cause shall appear, annul the original
Adjudication and Order thereupon made in such Case, and shall have
the same Powers and Authorities upon such Rehearing as upon any
original Hearing in pursuance of this Ordinance, and may adjudicate
in such Matter accordingly ; and thereupon, in case the former
Adjudication in the said Matter shall not be confirmed, such Order,
Certificate, and Warrant shall be made as required by this Ordinance
to be made upon such original Adjudication ; and the said Court
shall and may, if necessary, remand the said Prisoner to the same
Custody in which he was at the Time of the former Hearing of the
Matters of his Petition, there to be subject to Imprisonment as if the
former Adjudication therein had not been made ; and thereupon all
Detainers which were in force against such Prisoner at the Time of
his former Discharge from Custody shall be deemed to be still in
force against him as if such former Adjudication had not been made ;
and the Gaoler or Keeper of the Prison to which such Prisoner shall
be so remanded shall and is hereby required to receive such Prisoner
into his Custody in pursuance of such Remand, for doing which the
Order of Remand in such Case shall be his sufficient Warrant ; and Insolvent refusing
to appear may be ap-
where in any Case such Prisoner shall refuse or neglect to appear prehended, &c.
before the said Court according to such Order for Rehearing as
aforesaid, a Copy whereof shall have been duly served on such
Prisoner, it shall be lawful for the said Court to order such Prisoner
to be apprehended, and committed to Custody in such Prison as the
said Court shall direct, and to issue its Warrant accordingly, and to
cause such Prisoner to be brought up for Examination as often as to
the said Court shall seem fit : Provided always, that where upon In Adjudication of
such Rehearing it shall appear to the said Court that such Prisoner Discharge on Re-hear-
ing, the Time since
is not entitled to the Benefit of this Ordinance until some future Period, former Hearing not to
according to the Provisions hereinbefore contained , the said Court
shall and may, if it shall appear reasonable, adjudge the Discharge
of such Prisoner at such future Period to be calculated without
including the Time during which such Prisoner shall have been
out of Custody since the Time appointed for his Discharge by such
former Adjudication as aforesaid.
LV. Provided always, and be it further enacted and ordained, Where an Order of
That ifin any Case an Order or Warrant for the Discharge of any such Discharge has beenthe
sued by Mistake, is-
Prisoner shall have issued erroneously, and which is not pursuant Court may revoke and
to the Adjudication made in that behalf, it shall be lawful for the amend the same.
said Court, on such Error being shewn to the said Court, to revoke
such Order and Warrant, and to annul, suspend , or amend the same,
according
COLONIA ORDINAN
32 L CES .
according to such Ajudication , and if necessary to re-commit such
Prisoner to his former Custody, when by such Order or Warrant he
shall have been discharged therefrom ; and the Gaoler or Keeper of
the Prison to whose Custody such Prisoner shall be so re-committed
is hereby required to receive such Prisoner into his Custody according
to such Recommitment ; and all Detainers which were in force against
such Prisoner at the Time of such Discharge as aforesaid shall be
deemed to be still in force against him, as if such erroneous Order
or Warrant had not issued.
Prisoner may, after LVI. " And whereas the Estate, both Real and Personal, of any
Discharge, be examin:
ed as to Estate and « Person whose Discharge has been adjudicated under this Ordinance
Effects, on application " may not be sufficiently described or discovered in his Schedule so
of Assignee. 66
sworn to as aforesaid, or the Assistance of such Person may be
" necessary to adjust, make out, recover, or manage his Estate or
" Effects, for the Benefit of his Creditors ; " Be it therefore enacted
and ordained, That it shall be lawful for the Assignee or Assignees
of the Estate and Effects of any such Person whose Discharge shall
have been adjudicated under this Ordinance, from Time to Time to
apply to the said Court that such Person may be further examined
as to any Matters or Things relating to his Estate and Effects, by
Prisoner refusing to the said Court ; and in case such Person shall neglect or refuse to
appear, or to answer
Questions, may be appear before such Court at such Time and Place as shall be directed
committed. by such Order, or appearing, shall refuse to be sworn, or to answer
such Questions as shall be put to him relating to the Discovery
of his said Estate and Effects, then and in any of such Cases it
shall be lawful for such Court by Warrant to commit such
Person to the Common Gaol, there to remain without Bail or
Mainprize until such time as he shall submit himself to the Order
of the said Court in that behalf, and shall answer upon Oath or
otherwise, as shall be required, to all such lawful Questions as
shall be put to him in pursuance of the same for the Purposes
aforesaid .
Personswilfully omit- LVII. And be it enacted and ordained, That in case any Prisoner
ting anything in ofthea whose Estate shall, by an Order under this Ordinance, have been
Misdemeanour, and li- vested in the said Provisional Assignee, shall, with Intent to defraud
able to Three Years' the Creditors or Creditor of such Prisoner, wilfully and fraudulently
Imprisonment.
omit in his Schedule, so sworn to as aforesaid, any Effects or Property
whatsoever, or retain or except out of such Schedule, as Wearing
Apparel, Bedding, Working Tools and Implements, or other Neces-
saries, Property of greater Value than Twenty Pounds, every such
Person so offending, and any Person aiding and assisting him to do
the same, shall, upon being thereof convicted by due course of Law,
be adjudged guilty of a Misdemeanour, and thereupon it shall be
lawful for the Court before whom such Offender shall have been so
tried and convicted to sentence such Offender to be imprisoned and
kept to hard Labour for any Period of Time not exceeding Three
out Substance of Years ; and that in every Indictment or Information against any
setIndictmentneedonly
Offence charged. Person for any Offence under this Ordinance, it shall be sufficient to
set forth the Substance of the Offence charged on the Defendant,
without setting forth the Petition, or Order vesting such Prisoner's
Estate in the Provisional Assignee, Appointment of Assignee or
Assignees, or Balance Sheet, Order for Hearing, Adjudication , Order
of Discharge or Remand, or any Warrant, Rule, Order, or Proceeding
of
9º VICTORIE. -No . 3 OF 1846. 33
of or in the said Court, except so much of the Schedule of such
Prisoner as may be necessary for the Purpose.
LVIII. And be it enacted and ordained , That if any Prisoner or Persons swearing
under this Or-
other Person taking an Oath under the Provisions of this Ordinance dinance liable to Pu-
shall wilfully forswear and perjure himself in any Oath to be taken nishment inflicted for
Perjury.
under this Ordinance, and shall be lawfully convicted thereof, the
Person so offending shall suffer such Punishment as may by Law be
inflicted on Persons convicted of wilful and corrupt Perjury ; and that
in all cases wherein by this Ordinance an Oath is required, the
solemn Affirmation of any Person, being a Quaker or other Person
by Law allowed to Affirm, shall and may be accepted and taken in
lieu thereof; and that every Person making such Affirmation who
shall be convicted of wilful false Affirmation shall incur and suffer
such and the same Penalties as are inflicted and imposed upon
Persons convicted of wilful and corrupt Perjury.
LIX. And be it enacted and ordained, That if any Person who Mode of proceeding
with Prisoners of Un-
shall at any Time be a Prisoner in any such Prison as aforesaid, sound Mind.
upon any such Process as aforesaid, shall be or become of Unsound
Mind, and therefore incapable of taking the Benefit of this Ordinance
in such Manner as he or she might have done if of Sound Mind, the
Gaoler or Keeper of such Prison shall forthwith require One or more
Justice or Justices to attend at the said Prison, and inquire into the
State of Mind of such Prisoner ; and thereupon, and also in case any
such Justice or Justices shall receive Information by other Means,
that any such Prisoner is of Unsound Mind as aforesaid, such Justice
or Justices shall go to the said Prison, and by his or their own View,
and by Examination on Oath of such Person or Persons as he or they
shall think fit to examine, shall inquire into the State of Mind of
such Prisoner ; and if it shall appear to such Justice or Justices
upon such Inquiry that such Prisoner is of Unsound Mind, and there-
fore incapable of taking the Benefit of this Ordinance in such Manner
as a Person of Sound Mind might do, such Justice or Justices shall
forthwith make a Record of the Fact, and certify the same to the
said Court; and thereupon it shall be lawful for the said Court, at the Application may be
Instance of any Person or Persons on behalf of such Prisoner, to order made
behalf by Persons
of such on
Prison-
Notice to be inserted in the Two public Newspapers aforesaid, that Ap- ers.
plication will be made to the said Court for the Discharge of such Pri-
soner on a Day to be specified in such Order and Notice, being Twenty-
one Days at least from the Day of Publication of such one of the said
Newspapers containing such Notice as shall be last published, which
Notice, together with the Service of the like Notice on the Creditor
or Creditors at whose Suit such Prisoner shall be detained in Custody,
or his or their Attorney or Attorneys in such Suit, shall be deemed
sufficient to authorize the said Court to proceed to the Discharge of
such Prisoner, if otherwise entitled to such Discharge, according to
the true Intent and Meaning of this Ordinance ; and the said Court Courtmay discharge
shall proceed accordingly, and shall discharge such Prisoner from such Prisoner.
Custody, and do all other Acts under this Ordinance, in case it shall
appear that such Prisoner might have obtained his or her Discharge
under this Ordinance if he or she had been of Sound Mind ; and
thereupon all and every Estate, Right, Title, Interest in Law and
Equity, Real and Personal, Power, Benefit, and Emolument what-
soever, which, if such Prisoner was of Sound Mind, could or ought to
I be
34 COLONIAL ORDINANCES .
be vested in the said Provisional Assignee, pursuant to the Provisions
of this Ordinance, shall, by force and virtue of the Order of the said
Court for the Discharge of such Prisoners, be vested in the Provi-
sional Assignee of the said Court, or in the other Assignee or
May appoint Assig- Assignees appointed by the said Court, and named in the said Order,
nees ;
or in any other Order of the said Court in that behalf, as fully and
effectually, and in the same Manner, and with all and every the
same Consequences and Effects, both in Fact and Law, to all Intents.
and Purposes whatsoever, as if such Prisoner had been of Sound
Mind, and such Order as aforesaid had been made vesting the same
in such Provisional Assignee at the Time and in the Manner in this
May order Judg- Ordinance provided ; and that it shall be lawful for the said Court
ment to be entered up.
to order Judgment to be entered up against such Prisoner, in the
same Manner as if he or she had been of Sound Mind, and had
executed a Warrant of Attorney to authorize the entering up of such
Judgment in the Manner hereinbefore directed ; and such Order shall
be sufficient Authority to the proper Officer for entering up the same;
and any Dividend to be made by such Assignee or Assignees shall be
made in such Manner, and such Proceedings shall be thereupon had,
as are hereinbefore provided in the case of a Dividend of the Estate
and Effects of any Prisoner made before Adjudication ; and the
Discharge of every such Prisoner of Unsound Mind, so made as afore-
said, shall extend to all Debts and Sums of Money to which the
same might have extended if such Prisoner had been of Sound Mind,
and had duly filed his Schedule, according to the Provisions of this
Ordinance : Provided always, that every such Order of Discharge,
and of the Appointment of an Assignee or Assignees, in such case,
shall be entered of Record in the said Court, and Proof thereof shall
be received by such Copy thereof as is hereinbefore directed to be
received as Proof of Conveyances and Assignments made in pursuance
of this Ordinance.`
Discharge not to ex- LX. And be it enacted and ordained, That this Ordinance shall
tend to Crown Debt-
ors. not extend or be constructed to extend to discharge any Prisoner with
respect to any Debt due to Her Majesty or Her Successors, or to any
Debt or Penalty with which he shall stand charged at the Suit of
the Crown, or of any Person for any Offence committed against
any Ordinance or Ordinances relative to any Branch of the Public
Revenue, or at the Suit of any Sheriff or other Public Officer, upon
any Bail Bond entered into for the Appearance of any Person prose-
cuted for any such Offence.
Officer of Court to LXI. And be it further enacted and ordained , That the proper
produce Proceedings Officer of the said Court shall, on the reasonable Request of any
and give Copies.
such Prisoner as aforesaid, or of any Creditor or Creditors of such
Prisoner, or his, her, or their Attorney, produce and shew to such
Prisoner, Creditor or Creditors , and his , her, or their Attorney, at
such Times as the said Court shall direct, such Petition, vesting
Order, Schedule, Order of Adjudication, and all other Orders and
Proceedings made and had in the Matter of such Petition, and all
Books, Papers, and Writings filed in such Matter, and permit him,
her, or them to inspect and examine the same, and shall provide for
any such Prisoner, Creditor or Creditors, or his or their Attorney
requiring the same, a Copy or Copies of any such Petition, vesting
Order, Schedule, Order of Adjudication , or other Order or Proceeding,
or
9º VICTORIE.- No. 3 OF 1846. 35
or of such Part thereof as shall be so required, receiving such Fee as
the said Court shall appoint for so providing the same ; and that a A Copy of such Pro-
Copy of such Petition, vesting Order, Schedule, Order of Adjudication, ceedings under
be admitte d asSeal to
Evi-
and other Orders and Proceedings purporting to be signed by the dence.
Officer in whose Custody the same shall be, or his Deputy, certifying
the same to be a true Copy of such Petition, vesting Order, Schedule,
Order of Adjudication , or other Proceeding, and purporting to be
sealed with the Seal of the said Court, shall at all Times be admitted
as sufficient Evidence of the same, without any other Proof what-
ever given of the same.
LXII. And be it enacted and ordained, That the said Court in Examiners to be ap-
pointed.
all cases may from Time to Time, as Occasion shall require, appoint
as many fit Persons as shall be requisite to be Examiners for the
Purposes of this Ordinance ; and that such Examiner shall and may Their Fees.
receive for his Trouble the Sum of One Pound, and no more, for
every Meeting held by him in pursuance of this Ordinance, to be
paid by the Person or Persons requiring the same.
LXIII. And be it further enacted and ordained, That every Sheriffs, &c., indem-
nified for obeying Or-
Sheriff, Gaoler, Keeper, or other Officer of any Prison , who shall do ders of Court. T
any thing in Obedience to any Order of the said Court, or of any
Officer of the said Court, or such Examiner as aforesaid, authorised
by the said Court, by virtue of this Ordinance, shall be, and is and
are indemnified for whatsoever shall be done by them respectively
in obedience thereto ; and that if any Action of Escape, or any Suit If Action for Escape
or Action, be brought against any Judge, Commissioner, Justice of neral&c., brought, the Ge-
Issue may be
the Peace, Sheriff, Gaoler, Keeper of any Prison, or any Person, for pleaded, and this Ordi-
performing the Duty of his Office, in pursuance of this Ordinance, nance given in Evi-
dence.
such Judge, Commissioner, Justice of the Peace, Sheriff, Gaoler,
Keeper of Prison, and other Person may plead the General Issue,
and give this Ordinance and the special Matter in Evidence ; and if
the Plaintiff be nonsuited, or discontinue his or her Action, or a
Verdict shall pass against him or her, or Judgment shall be had for
the Defendant upon Demurrer, the Defendant shall have Treble
Costs .
LXIV. And be it enacted, That in all Rules, Orders, Warrants, What shall be suf-
and other Proceedings of the said Court under this Ordinance, it in
ficient
the to be set
Rules and forth
Pro-
shall be sufficient to set forth such Rule, Order, or Warrant, or ceedings of the Court.
in case of a Warrant for the Apprehension or Detention of any
Person for a Contempt in disobeying any Order or Rule of the said
Court, or for the Apprehension or Detention of any Person for the
Appearance of such Person before the said Court, according to this
Ordinance, or for the enforcing any Rule or Order of the said Court,
it shall be sufficient to set forth such Rule or Order, and the Warrant
thereon, and that the Insolvent in any Order, Rule, Warrant, or other
Proceeding mentioned, has been duly discharged, under this Ordi-
nance, if he has been so discharged, or if he has not been so discharged,
that he has applied by Petition to the said Court for his or her
Discharge from Custody, according to the Provisions of this Ordi-
nance, without setting forth in any such Order, Rule, Warrant, or
other Proceeding, the Petition , Order vesting the Estate of any such
Prisoner in the Provisional Assignee, Appointment of Assignee or
Assignees, or the Schedule, Balance Sheet, Order for Hearing, Adju-
dication,
36 COLONIAL ORDINANCES.
dication, Order for Discharge, or any other Rule, Order, or Proceeding.
of or in the said Court, or any Part thereof except as aforesaid.
Before whom Affi- LXV. And be it enacted and ordained , That all Affidavits to be
davits are to be sworn. used before the said Court, or any Officer of the said Court, or any
Examiner appointed as aforesaid under this Ordinance, shall and
may be sworn before the said Court, or any Commissioner appointed
by the said Court for the Purpose of taking Affidavits, or before a
Magistrate of the said Colony.
What shall be paid LXVI. And be it enacted and ordained, That the Sum of Three
for Insertion of Adver- Shillings and no more shall be paid to any Printer or Proprietor of
tisements.
any Newspaper for the Insertion of any Advertisement by this
Ordinance directed to be inserted in any Newspaper ; and all Printers
and Proprietors of Newspapers are hereby required to insert the
same, on Payment of the said Sum of Three Shillings for the Insertion
thereof, in such Form as the said Court shall from Time to Time
direct.
Power to Court, with LXVII. And be it further enacted and ordained , That the Chief
the AdviceCouncil,
gislative to Justice of the said Court may from Time to Time, with the Advice
of the Le-
makeRules and Orders and Approval of the Legislative Council of the said Island, make all
and settle Scale of Fees. such Rules and Orders as may be necessary for carrying this Ordi-
nance into Operation and Effect within the said Colony, as also from
Time to Time, with such Advice and Approval, to settle such Scale
or Scales of Fees and Charges as may seem expedient with relation
to the said Ordinance, and all Things and Acts to be done thereunder.
Construction of Or-
dinance. LXVIII. And be it further enacted and ordained, That whenever
this Ordinance hath used Words importing the Singular Number or
the Masculine Gender it shall be understood to include several
Matters as well as one Matter, and several Persons as well as one
Person, and Females as well as Males, and Bodies Corporate as well
as Individuals, unless it be otherwise specially provided, or there be
something in the Subject or Context repugnant to such Construction .
Commencement of LXIX. And be it enacted and ordained, That this Ordinance
Act.
shall commence and come into Operation, as to all Matters not
otherwise provided for, on the First Day of June, 1846.
JOHN FRANCIS DAVIS
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 6th Day of May, 1846 .
ADOLPHUS E. SHELLEY,
Clerk of Councils.
DIEU DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINÆ.
No. 4 of 1846.
Y the Honourable GEORGE D'AGUILAR, C. B., Major-General
B Commanding Her Majesty's Troops in China, and Governor for
the Time being of the Colony of Hongkong and its Dependencies,
with the Advice of the Legislative Council thereof.
Title.
An Ordinance to explain and extend the Provisions of the Ordi-
nance to Establish a Licensed Ghaut Serang in the Colony of Hongkong,
and for the better Regulation of Lascars resorting thereto.
[9th July, 1846. ]
WHEREAS certain Doubts have existed in the Construction of Preamble.
the Ordinance No. 13 of 1845, as to the term " Lascar" therein used,
and as it is deemed expedient that the Provisions thereof should be
extended to all Seamen, Natives of Asia :
Be it therefore enacted and ordained by the Governor for the The word " Lascar "
Time being of the Colony of Hongkong and its Dependencies, with to extend to all Asiatic
Seamen.
the Advice of the Legislative Council thereof, That from and after the
passing of this Ordinance, the word " Lascar," shall in both Ordi-
nances be held to include and comprehend all Seamen, Natives of
India, and that each and every Provision made and ordained by the
said Ordinance No. 13 of 1845 , touching and respecting " Lascars,"
shall be and are hereby extended to all other Seamen, being Malays,
Natives of Manila, or of any other part of Asia, except Chinese.
GEORGE D'AGUILAR,
Major-General and Lieutenant-Governor.
Passed the Legislative Council of Hongkong,
this 9th Day of July, 1846.
ADOLPHUS E. SHELLEY ,
Clerk of Councils.
K
•
图
DIEU DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINÆ.
No. 5 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS , Baronet, Governor
B of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for the Substitution of Notices and Advertisements Title.
under the Ordinance No. 3 of 1846, entitled " An Ordinance for the
Relief of Insolvent Debtors within the Colony of Hongkong."
[8th October, 1846. ]
Preamble.
WHEREAS certain Delay and Difficulty may arise in the Inser-
tion of Notices and Advertisements in the Colonial Newspapers, as
directed by the aforesaid Ordinance No. 3 of 1846 :
Be it therefore enacted and ordained, That from and after the Power to give Notices
under the Insolvent
passing of this Ordinance, it shall be lawful for the Supreme Court, Debtors' Ordinance
when any such Delay or Difficulty shall arise, to make any Order otherwise than as
therein directed, in
that may be deemed necessary for the Substitution of some other cases of Necessity.
Notification in lieu of any Notices or Advertisements required by the
said Ordinance No. 3 of 1846.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 8th Day of October, 1846.
ADOLPHUS E. SHELLEY ,
Clerk of Councils.
DIEU E
DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINÆ.
No. 6 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in -Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for the regulation of Criminal Proceedings in the Title.
Supreme Court of Hongkong, during the Absence of Her Majesty's
Attorney-General.
[ 8th October, 1846. ]
WHEREAS it is necessary and expedient to make Provision Preamble.
for the due and proper institution and carrying on of Criminal
Proceedings in the Supreme Court of Hongkong, during the Absence
of Her Majesty's Attorney-General :
Be it therefore enacted and ordained, That from and after the Power to the Go-
passing of this Ordinance, it shall be lawful for His Excellency the vernor to appoint a
person to carry on
Governor of Hongkong, at any Time in and during the Absence of Criminal Proceedings
Her Majesty's Attorney-General, to nominate and appoint a fit and the Attorney- General,
proper Person to appear and prosecute in the Supreme Court of &c.
Hongkong, either as Attorney- General or in his own Name for and
on the behalf of Her said Majesty ; and any Indictment or Informa-
tion signed by the Party so nominated and appointed shall be of
the same Force and Validity as if the same had been signed by Her
Majesty's Attorney-General pursuant to an Ordinance made and
passed in the Ninth Year of Her Majesty's Reign, intituled, An No. 8 of 1845, Sec-
tion I.
Ordinance to regulate Criminal Proceedings.
JOHN FRANCIS DAVIS
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 8th Day of October, 1846.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
L
DIEU DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINE .
No. 7 of 1846.
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
BY and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to repeal Ordinance No. 18 of 1844, and to Title.
establish a more effectual Registry of the Chinese Inhabitants, and a
Census ofthe Population ofthe Island of Hongkong.
[ 31st December, 1846. ]
WHEREAS the Islands, Ports, Harbours, Coasts, and Places Preamble.
near and adjacent to the Island of Hongkong and its Dependencies
are infested by Pirates and Robbers ; and whereas it is necessary
for the Protection of the Lives and Property of the Inhabitants of
this Colony, and in order the more effectually to prevent Crime,
that such Pirates and Robbers, and other Persons of notoriously bad
Character, should not be permitted to resort to or reside in the said
Colony, and it is deemed expedient to repeal Ordinance No. 18 of
13th November 1844, entitled, An Ordinance to repeal Ordinance
No. 16 of 1844, and to establish a Registry and Census of the In-
habitants of the Island of Hongkong, and to substitute other Rules
and Regulations in lieu thereof :
I. Be it therefore enacted and ordained by His Excellency the No.Repeal
18 of of Ordinance
1844.
Governor of Hongkong, by and with the Advice of the Legislative
Council of the said Colony, that the said Ordinance No. 18 of the
Year 1844 be, and the same is hereby repealed, save and except that
the Office thereby established, and therein called " The Census and
Registration Office," shall continue for the Purposes hereinafter
mentioned, and the Duties and Business thereof shall be discharged
and performed by a Registrar-General and other Officers and As-
sistants to be nominated by His Excellency the Governor, and which
said
44 COLONIAL ORDINANCES .
said Registrar-General, Officers, and Assistants shall receive such
Salary and Salaries as His Excellency the Governor in Council may
be pleased to appoint, subject to Her Majesty's Pleasure.
Duties of Registrar- II. And be it further enacted and ordained , That after the
General.
passing of this Ordinance, the Registrar-General appointed by Ordi-
nance No. 18 of 1844, or to be appointed under this Ordinance,
shall, while he continues to act as such Registrar-General, be Joint
Superintendent of Police, a Justice of the Peace, and Protector of
Chinese Inhabitants in the said Colony ; and that it shall be his
Duty to use his best Endeavours to prevent the Commission of
Crime, and to discover and apprehend the Perpetrators thereof, and
generally to protect the Chinese Inhabitants of this Colony ; and for
the purposes of this Ordinance the said Registrar- General is hereby
authorised at any Time or Times to enter any House or Boat within
the Colony or adjacent Waters wholly or partly inhabited or manned
by Chinese.
Registrar-Generalby III. And be it further enacted and ordained , That it shall and
Direction of the Go-
vernor, may divide the may be lawful for the said Registrar-General, with the Sanction of
Colony into Districts. His Excellency the Governor, or Officer administering the Govern-
ment for the Time being, to divide the Colony of Hongkong into
Districts ; and that the Officers appointed under Ordinance No. 13 of
1844, and therein called Paouchong and Paoukea, shall be obedient
to the Orders of the said Registrar-General, and shall at all Times
make such Returns and do all other Things for the Purposes of this
Ordinance as shall be required of them by the said Registrar- General ,
under a Penalty of not more than One Hundred Dollars.
Numbering of Chi- IV. And whereas, for the purpose of giving greater Facility to
nese Houses.
the carrying out the Intentions of this Ordinance, it is necessary
and expedient that all the Houses in the Colony of Hongkong
inhabited by Chinese be numbered : Be it therefore enacted and
ordained, That every Chinese Householder shall cause to be affixed
to his House a painted Number of such Description, and in such
Manner as the Registrar-General shall direct, under a Penalty not
exceeding Forty Dollars.
Tickets to Chinese V. And be it further enacted and ordained, That for the Benefit
Householders.
and Protection of the well-disposed and honest Chinese Inhabitants
of the Colony, every such Householder shall receive a Ticket in
English, signed by the Registrar-General, containing such Parti-
culars as the Registrar-General shall deem expedient, which Ticket
shall be produced when required, under a Penalty not exceeding
Twenty Dollars.
Householder to issue VI. And be it further enacted and ordained , That every such
Tickets to all Residents
&c. Householder shall cause to be hung up and exhibited in some
on
conspicuous Part of his House, a Board inscribed with a true and
accurate List of all Persons resident therein, and shall deliver to
every Person so residing or living in his House, a Ticket sealed
with his Seal, and containing such Particulars and of such Form as
the said Registrar-General shall direct, under a Penalty of not more
than Twenty Dollars, and which said Ticket shall be given up to and
cancelled by such Householder, whenever such Person or Persons
SO
10° VICTORIE.- No. 7 OF 1846. 45
so residing or living in his House shall cease to do so ; and the
Possession of such Ticket by any Person whomsoever shall be primá
fucie Evidence of its Delivery by such Householder ; and if any such
Householder shall deliver any such Ticket to a Person of notoriously
bad Character, or if any Person while resident in the House of such
Householder without such Ticket, shall be convicted on the Oaths of
One or more credible Witnesses of Felony, then and in any or either
of such cases, such Householder shall be liable to a Penalty of not
more than Twenty Dollars : Provided always that the Penalty last
above mentioned shall not be levied where such Householder shall
bring, or use his best Exertions to bring, the Offender or Offenders
to Justice.
VII. And be it further enacted and ordained, That every such Householder to fur-
nish Registrar-Gene-
Householder shall at all Times give the said Registrar-General such ral with all required
Information as he may require of him for any of the Purposes of port Information, and re-
to Chinese District
this Ordinance ; and shall also report to the Chinese Officer of the Officer Changes in his
District in which he shall reside, all Marriages, Births, Deaths, and House.
every Change connected with any Person or Persons whatsoever
arriving in or departing from his House, under a Penalty of not
more than Twenty Dollars.
VIII. And be it further enacted and ordained, That for the Registration of Chi-
nese Servants in Eu-
Benefit and Protection of the European Residents of this Colony, ropean employ.
every Chinese Domestic Servant, Artificer, or Workman residing on
the Premises of and employed by Europeans, shall, on producing to
the Registrar-General a Certificate from his Employer or Employers,
and having obtained Chinese Security to his or their Satisfaction ,
be furnished with a Registration Ticket by the Registrar-General
containing such Particulars as may be expedient, and that the
Absence of such Registration Ticket after the Tenth Day of Service,
shall render such Domestic Servant, Artificer, or Workman liable to
a Fine of Twenty Dollars.
IX. And be it further enacted and ordained, That every such Domestic Servants,
Chinese Domestic Servant, Artificer, or Workman having obtained & e , to deliver
Registration their
Tickets to
a Registration Ticket as aforesaid, shall deliver the same to his their Employer, &c.
Master or Employer, and the said Registration Ticket shall be
returned to him duly endorsed by the Master or Employer whenever
the Term of Service shall expire : Provided always that if such
Domestic Servant, Artificer, or Workman shall leave his Master or
Employer without Permission , or shall so misconduct himself as to
be dismissed, then the said Master or Employer shall deliver the
Servant's Registration Ticket to the Registrar-General, with the
Cause of such Domestic Servant, Artificer, or Workman leaving his
Service endorsed thereon.
X. And be it further enacted and ordained, That after the Date Prohibition of Un-
registered Hawkers.
of the passing of this Ordinance it shall not be lawful for any
Person or Persons to hawk Goods or Wares of any Description
whatsoever on the Streets or Roads of the Colony under a Penalty
of not more than Twenty Dollars, unless specially permitted to do so
by the said Registrar- General, who shall enquire into the Character
and receive proper Security for the Good Conduct of such Hawker,
before such Permission shall be so granted, and that the said
M Permission
46 COLONIAL ORDINANCES.
Permission may at any Time be forfeited on Conviction of any
Offence before a Police Magistrate.
Chinese Boats, &c. XI. And be it further enacted and ordained , That every Chinese
to be Registered.
Boat, or Vessel plying for Hire within the Waters of this Colony, or
carrying Passengers between this Colony and the neighbouring
Ports, shall obtain from the Registrar-General a Certificate of such
Form and under such Security as to him shall seem fit, upon Payment
of a Fee according to Size as in the Schedule hereunto annexed
Number of Registry marked A ; and while in the Waters of this Colony such Boat or
Ticket to be affixed to Vessel shall carry on each Bow and on the Stern the Number of its
each Boat.
Register Ticket, painted on Wood or Tin, which Number shall be
supplied by the Registrar-General ; and if any Person, being Owner
Penalty on Boat or Master of such Boat or Vessel, shall let to hire or ply, or cause
Owners.
to be let to hire or plied, any such Boat or Vessel within the
Waters of this Colony, without having first applied for and obtained
such Certificate or Registry, or having obtained such Certificate,
shall not have affixed the Number thereof on the Bows and Stern
of such Boat or Vessel as aforesaid, or shall shew a False Certificate
of Registry, or one granted to another Vessel, or shall permit or
connive at the said Certificate being made use of for any other
Vessel, or shall paint or exhibit a False Number on the said Boat
or Vessel, or shall refuse to shew such Certificate of Registry
to any Person when so required , he or they shall in any or either
of such Cases for every such Offence forfeit and pay a Sum not
exceeding Fifty Dollars, and be liable to Confiscation of the Boat
on Non-payment ofthe Fine ; Provided that these Provisions shall in
no case apply to Vessels visiting the Colony for the Purposes of Trade.
Squatters on Crown
Lands. XII. And be it further enacted and ordained, That from and
after the passing of this Ordinance any Person who shall reside or
continue to reside on the Crown Lands in this Colony without
Permission from the Registrar- General, or shall erect any Dwelling-
House, Mat-shed, or other Building thereon, shall be liable to a
Penalty of not more that Fifty Dollars and the Removal of his
House or Shed, in Accordance with the Provisions of Ordinance No.
14 of 1845 , called An Ordinance to Repeal Ordinance No. 5 of 1844,
entitled, " An Ordinance for the Preservation of Good Order and
Cleanliness within the Colony of Hongkong and its Dependencies,"
and to make other provisions in lieu thereof.
Suspicious Charac- XIII. And be it further enacted and ordained, That it shall and
ters to find Security
for their Appearance may be lawful for any Police Magistrate to cause any Person being
within Twelve Months. a Chinese who shall be brought before him, to find reasonable
Security for his Appearance at any Time within Twelve Months,
whenever he may be required to give Evidence in any Judicial
Proceedings, or answer any Charge that may be preferred against
him ; and in case such Person shall fail to find such Security, and
shall not be a permanent Resident in the Colony, such Police Magis-
trate may order such Person to leave the Colony and not return
thereto, under a Penalty of not more than Fifty Dollars or Three
Months' Imprisonment with or without Hard Labour.
Penalty for Non-pos- XIV. And be it further enacted and ordained, That every
session of a Registry
Ticket, and for Evasion Chinese who shall not possess a Registry Ticket in conformity with
the
10° VICTORIE.-No . 7 OF 1846. 47
the Provisions of this Ordinance, or shall wilfully conceal or falsify or Infringement of any
of the Clauses of this
the Particulars of any Information required of him for the purposes Ordinance.
of this Ordinance, or shall give a False Name or Description, or
shall transfer or lend his Registration Ticket to any other Person,
or shall wear or shew the Registration Ticket of another as his own,
for the purpose of evading the Provisions of this Ordinance, or shall
in any way infringe the Provisions of this Ordinance, he shall, where
no other Penalty is hereinbefore specially provided, be liable to a
Penalty not exceeding Fifty Dollars for any and every such Offence :
Provided that nothing herein contained shall apply to any Trader or
other Person coming to or going from this Colony for any lawful
Occasion, should he be able to give a respectable Reference if required .
XV. And be it further enacted and ordained , That any Person Recovery of For-
who may enter into any Security to be taken by the Registrar- feitures and Fenalties.
General or by any Police Magistrate under this Ordinance which
shall become forfeited in its Conditions, such Person shall by such
Forfeiture be considered to have incurred a Penalty of not more
than the Amount of such Security, which Penalty shall be recovered
with all or any of the other Penalties mentioned in this Ordinance
in a Summary Manner, before any Police Magistrate, under the
Provisions of Ordinance No. 10 of 1844 ; Provided always that the
Penalty of Imprisonment shall not in any case attach to the Violation
of any of the Provisions hereinafter contained respecting the Returns
to be made by any Householder for the purpose of any Census so
required as hereinafter mentioned .
XVI. And be it further enacted and ordained, That for the Census.
purposes of the Census, the said Registrar-General or such other
Officer so to be appointed as aforesaid shall, when and so often as he
may be directed by the Governor and Executive Council, cause to
be delivered or left at the Residence or Place of Business of any or
every Householder or Householders, being Europeans, Natives of
India, or otherwise, a blank Return to be filled up before a certain
Day to be therein named , with the Names and Number of Persons
in his or their Employ, or residing within his or their House or
Houses, or in his or their Premises, and shall in every such Return
distinguish and describe the Name, Sex, Country, and Occupation
of every Person so resident, and also whether any and which of
them be either Aliens or resident Strangers ; and that on or after Returns to be made
by Householders.
the said Day named in the said blank Return, the said Householder
or Householders is and are hereby required to transmit the said
Return or deliver the same on demand within Five Days after its
being left at such Residence or Place of Business as aforesaid, so
filled up, to the said Registrar-General, or such other Officer so to be
appointed as aforesaid, and on failure to do so, the said Householder
or Householders shall be liable to a Penalty not exceeding Fifty
Dollars.
XVII. And be it further enacted and ordained, That for the Interpretation Clause.
purposes of this Ordinance the term Householder shall be taken to
mean the Person acting as Master of the House for the time being,
or should he not be found after due Enquiry made, the Owner of
the House, or the Agent or Person acting for the Owner of the
House, being Chinese, and where a House is tenanted by several
Individuals
48 COLONIAL ORDINANCES .
Individuals as Partners or otherwise, then any one of the said Part-
ners or Individuals : and the term House shall be understood to
mean any Dwelling-house, Shop, Outhouse, or other Building what-
soever; and the term European shall be taken to mean all Persons
other than Chinese ; and the term Chinese shall be taken to mean
all Natives of China or Chinese Natives of Hongkong or elsewhere :
and every Word importing the Singular Number only, shall extend
and be applied to Several Persons as well as one Person ; and every
Word importing the Masculine Gender only shall extend and be
applied to a Female as well as a Male, unless where such Rule of
Interpretation shall be inconsistent with the Context of this Ordi-
nance.
SCHEDULE A.
Large Fast Boats 10.00 annually
Middle Sized do. 5.00 ""
Small "" do. 3.00
Sampans 0.50
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 31st Day of December, 1846 .
L. D'ALMADA E CASTRO,
Clerk of Councils.
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL, HONGKONG.
1847.
HONGKONG
COLONIAL ORDINANCES .
1847 .
BY AUTHORITY.
PRINTED AND PUBLISHED AT THE OFFICE OF THE CHINA MAIL.
1847.
CONTENTS.
COLONIAL ORDINANCES OF 1847.
Page.
No. 1 OF 1847.-" An Ordinance for Licensing Markets, and for preventing Disorders therein. [30th
January, 1847.]" ... ... ... ... ... 1
"Supreme Court of Hongkong, Regula Generalis. [ 1st March, 1847.] " ... ... 5
No. 2 of 1847.-" An Ordinance to Provide for a Church in Victoria in the Island of Hongkong.
[11th March, 1847. ] ” ... ... ... ... ... ... ... ... · 23
No. 3 OF 1847.-" An Ordinance for the Prevention of Piracy. [25th March, 1847. ]" 31
DIEU E
DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINE.
No. 1 of 1847. Repealed
.4 .
by Jo
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
Title.
An Ordinancefor Licensing Markets, andfor preventing Disorders
therein.
[30th January, 1847. ]
WHEREAS it is expedient, with a view to prevent Disorders Preamble.
and preserve Peace and Tranquillity in the Markets already estab-
lished, or hereafter to be established in the said Colony, that certain
Provisions should be made for the Regulation thereof:
I. Be it therefore enacted and ordained by His Excellency the No Market to be
Governor of Hongkong, with the Advice of the Legislative Council established
Governor's without the
Permis-
thereof, That from and after the passing of this present Ordinance, sion.
whoever shall erect, build, or establish any Market in the said
Colony for the sale of Meat, Flesh, Fish, Fowl, Corn, Grain , Vege-
tables, Provisions, or any other Articles of Trade which are usually
exposed for Sale in Markets, without first having obtained the
Permission of His Excellency the Governor, shall be liable to the
Penalty hereinafter provided, and the said Market, or Buildings so
erected, built, or established without such Permission, shall be pulled
down and removed by the Police as a Public Nuisance.
Markets shall be
II. And be it further enacted and ordained, That all Markets licensed.
or Buildings in which Markets are now held, already erected, built,
and established in the said Colony of Hongkong, shall be licensed,
and the Owners or Proprietors of such Markets or Buildings are
hereby required to take out such License within Fifteen Days after License, how taken
out.
A the
2 COLONIAL ORDINANCES.
the passing of this Ordinance, under the Penalty hereinafter men-
tioned for each and every Day that such Markets or Buildings in
which Markets are held as aforesaid shall be opened for the Sale of
Provisions and other Articles as hereinbefore mentioned ; and that
every such License shall be obtained from and granted by the Colo-
nial Secretary upon such Conditions and under such Restrictions,
whether Pecuniary or otherwise, as His Excellency the Governor,
with the Advice of the Executive Council, shall think proper to
impose.
Markets to be under III. And be it further enacted and ordained, That all Markets or
the of
the Chief Magistrate Buildings in which Markets are held shall be under the immediate
of Police, &c. Superintendence of the Chief Magistrate of Police, who is hereby
required to take all requisite Measures to prevent Disorders and to
preserve Peace and Tranquillity therein .
Markets to be built
IV. And be it further enacted and ordained, That every Market
of Stone, &c., after an
approved Plan. or Building for the holding of Markets, hereafter to be built, erected,
or established, shall be erected, built, and established of Stone or
Brick, according to a Plan to be approved of by the Surveyor-
General.
Markets built of V. And be it further enacted and ordained, That whenever the
Wood and
Repairs, to be rebuilt Markets or Buildings wherein Markets are now held, already erected,
of Stone, &c.
built, or established, shall become dilapidated, in want of extensive
Repairs, or shall require to be rebuilt, such Markets or Buildings
shall be rebuilt of Stone or Brick according to a Plan to be approved
Providedthe Repairs of by the Surveyor-General : Provided always, that if the Repairs
required
$100.shall not ex- required to be done shall not exceed the Sum of One Hundred
Dollars on any one House or Building, then and in that case the
Surveyor-General, upon being furnished with proper Estimates of
the Costs of such Repairs, and having verified the same, may grant
Permission for the Repairs to be carried into Effect.
Buildings of Wood VI. Whereas certain Person or Persons have encroached upon
and Mat on Sea-shores
to be removed by the Crown Lands and the Sea-shores, and have erected thereon divers
Police. Buildings of Wood, Matting, and other Inflammable Materials, to
the great Danger and Peril of the Town of Victoria and the Inha-
bitants thereof; and whereas also the said Buildings so erected as
aforesaid, are inhabited by Persons of Ill Fame and Reputation , and
afford shelter to Rogues and Vagabonds : It is hereby enacted and
ordained, That it shall be lawful for any Magistrate of Police to
order such Buildings to be pulled down and removed by Warrant to
be issued on the Information of the Surveyor-General.
Penalty against Of- VII. And be it further enacted and ordained, That any Person
fenders.
or Persons who shall offend against the Provisions and Enactments
hereinbefore contained, shall for every Offence forfeit a Sum not
exceeding Two Hundred Dollars, to be recovered in the same manner
Penalty,
vered, & c. how reco- as Penalties are made recoverable by Ordinance No. 10 of 1844 :
Provided always, that in case any such Conviction shall take
place and be had on the Evidence of any Common or Public In-
former, he or she shall be entitled to One Moiety of the said Fine
or Forfeiture.
VIII.
10° VICTORIE.- No . 1 OF 1847.
3
VIII. And be it further enacted and ordained, That all Pro- Provisions under this
ceedings under the present Ordinance shall not be subject to Appeal, Appeal.
nor shall be removed nor removable by Certiorari or otherwise into
any Court whatever.
JOHN FRANCIS DAVIS,
Governor, &c., &c.
Passed the Legislative Council of Hongkong,
this 13th day of January, 1847.
L. D'ALMADA E CASTRO,
Clerk of Councils.
D'EU DROIT
PROCLAMATION .
WHEREAS the Commands of Her Most Gracious Majesty the
Queen, have been received through the Principal Secretary of State
for the Colonies, disallowing the Rules of the Supreme Court of
Hongkong bearing date the 11th November, 1844, numbered from 1
to 19 ; the Three Rules of the 13th January, 1845 ; the General Rule
of Easter Term 1845 ; and the Rules of Michaelmas Term 1st
November, 1845 ; Notice is hereby given of the same, and the said
Rules of the Supreme Court are declared to be Null and Void, and of
no Effect.
GOD SAVE THE QUEEN.
JOHN FRANCIS DAVIS.
Given at Victoria, Hongkong ,
this 26th Day of March, 1847 .
By Command of His Excellency the Governor.
W. CAINE .
Colonial Secretary.
SUPREME COURT OF HONGKONG ,
REGULA GENERALIS .
ANNO DECIMO
VICTORIÆ REGINÆ.
EASTER TERM , 1ST MARCH , 1847.
1.-SITTINGS OF THE COURT.
I. That there shall be Four Terms in each Year for the Despatch How many Terms,
of the Civil Business of the said Supreme Court, and the said Terms and when to be held.
shall be the Months of January, March, May, and November, and
shall commence on the First, and terminate on the Last, Day of the
said Months respectively : Provided, that whenever it shall happen
that any of the said Months shall commence or end upon a Sunday,
the Term shall commence on the Monday following, or end on the
Saturday preceding.
II. That there shall be Four Sittings in every Year for the Trial Sittings at Nisi
of all Civil Causes and Actions, and for the Hearing and Determining
of all Matters of Complaint under the Summary Jurisdiction of the
B said
6 REGULA GENERALIS .
said Supreme Court, as hereinafter provided ; and such Sittings
shall commence on the First Day of February, the First Day of
April, the First Day of June, and the First Day of December, and
shall terminate on the Fourteenth Day of each of such Months
respectively : Provided, that whenever either of the said Days shall
commence or end upon a Sunday, the Sittings shall commence on
the Monday following, or end on the Saturday preceding : Provided
also, that if at any Time it shall appear to the said Court necessary
or expedient that the Court should sit for the Purposes aforesaid
oftener than above mentioned, it shall be lawful for the said Court
so to do, upon giving reasonable Notice thereof.
Criminal Sessions. III. That there shall be Five Sessions in every Year for the
Despatch of the Criminal Business of the said Supreme Court ; the
said Sessions to commence on the Fifteenth Day of February, the
Fifteenth Day of April, the Fifteenth Day of July, the Fifteenth
Day of October, and the Fifteenth Day of December, in every Year,
and shall terminate on the Last Day of each of such Months re-
spectively : Provided, that whenever either of the said Days shall
happen to commence or end upon a Sunday, the Sessions shall
commence on the Monday following, or end on the Saturday preced-
ing : Provided also, that if at any Time it shall appear to the said
Court necessary or expedient that an additional Criminal Session
should be held at any other Period, it shall be lawful for the said
Court so to hold the same, upon giving reasonable Notice thereof.
Sittingsat Chambers. IV. That Parties shall be at Liberty to apply to the Chief
Justice or other Judge of the said Supreme Court at Chambers for
time to plead leave to amend, and such other Matters as may be
brought before him by any Rule or Order of the said Court ; and
that the Mode of procuring the Attendance of any Party before the
said Chief Justice or other Judge at Chambers , shall be by Summons,
to be taken out from the Registrar's Office, which Summons shall
state the Names and Description of the Parties, and the Object of
the Attendance, and shall be signed by the Registrar or his Deputy.
Office Hours and V. That the Offices of the said Supreme Court shall be open
Holidays. every Day during Term, between the Hours of Ten in the Morning
and Four in the Afternoon, and out of Term, between the Hours of
Ten in the Morning and Three in the Afternoon, except upon Sundays,
and the Holidays hereinafter mentioned ; and the Registrar or his
Deputy shall be in Attendance at such Offices between the Hours
aforesaid for the issuing of Processes, the filing of Affidavits, Petitions,
Declarations, Pleas, Answers, and other Pleadings, and granting
Copies thereof, and for doing and performing all other necessary
Acts, Duties, and Things in the said Offices : and the Holidays in
the said Offices shall be New Year's Day, Good Friday, Easter
Monday, Her Majesty's Birthday, Ascension Day, Whit Monday, the
Anniversary of Her Majesty's Coronation, and Christmas Day, and
the Day after.
2.- PRACTICE AND PLEADING .
Commencement of VI. That all Suits and Actions of a Common Law Nature shall
Actions.
be commenced in the said Supreme Court by Summons, or other
Process
10° VICTORIE .- 1846. 7
Process in the Nature of a Writ of Summons ; and that at the Time
of issuing such Writ of Summons the Plaintiff shall lodge with the
Registrar of the Court a short Statement or Abstract in Writing of
the Cause of Action, and the Registrar of the Court or his Deputy
shall endorse on the Back of such Writ of Summons the Amount of
the Debt or Damages sought to be recovered , together with the Sum
due for Costs and in every Suit or Action which shall be hereafter Warrant to sue.
commenced in the said Court, where the Plaintiff shall complain by
Attorney, the Attorney of the Party complaining shall, before any
Process is sued out to compel the Appearance of any Person to
answer any Complaint or Demand , file his Warrant or Authority to
sue, signed by the Party complaining or his lawful Representative
or Agent, with the Registrar of the said Court.
VII. That all Civil Process to be sued out of the said Supreme Suing out Process.
Court shall be issued by the Registrar thereof, (for which the
Warrant to sue shall be his Authority,) and shall be endorsed with
the Name and Address of the Attorney or Party suing out the same,
and shall be dated on the Day on which it is issued, and shall be
made returnable by the Sheriff immediately after the Service or
Execution thereof, provided that no such Process shall be sued out
by or against the Chief Justice of the said Court ; but where any
Demand or Complaint is made by or against the said Chief Justice,
the same shall be made and presented by Petition to the Governor,
or Officer administering the Government of Hongkong, in his Execu-
tive Council.
VIII. That the common Process of the said Court to compel Writ of Summons
the Appearance of any Person to answer any Complaint or Demand to appear in Ordinary
Cases.
in all Civil Suits and Actions where there can be no Arrest of the
Defendant, shall be by Writ of Summons directed to the Sheriff of
the Colony, (except where the said Sheriff is a Party, and then to
some fit and proper Person nominated by the said Court, ) requiring
the said Sheriff (or such other Person) to command the Defendant,
that he render to the Plaintiff the Sum or Matter in Question, or
perform that which the Plaintiff claims or demands from him ; and
in Default thereof, to summon the Defendant, that he appear before
the said Court within Eight Days after the Service of the said Writ,
inclusive of the Day of such Service, to shew Cause why he hath
not done so, which said Writ of Summons shall, as near as may be,
be in one or other of the Forms, according to the Nature of the Suit
or Action, in the Schedule hereunto annexed, marked No. 1 .
IX. That in all cases where by Law there can be no Arrest of the Service of Process.
Defendant, a Copy of the Writ of Summons shall be served , either Per-
sonally on the said Defendant, or by leaving the same at his Dwelling-
house or Place of Abode, or at his Counting-house orPlace of Business.
X. That no Service of any Process, Order, Notice, or Proceeding, Process
No Service of Civil
on a Sunday.
or any Act done in any Civil Suit or Action, shall be valid or
effectual if performed on a Sunday ; and all Process returnable on a
Sunday, or upon a Holiday, shall be returned on the following Day ;
and any Act required to be done by any Party in Court at a Time
which would otherwise fall on a Sunday or Holiday, shall be valid
and effectual if done on the following Day.
XI.
8 REGULA GENERALIS .
Return of Process to XI. That the Sheriff of the said Colony shall, upon the Return
the Registrar's Office.
Day of all Civil Process, deliver into the Office of the Registrar of
the said Court, the said Process, together with a Return endorsed
thereon, or annexed thereto, of what he has done by virtue thereof ;
and the Plaintiff or Defendant , or their respective Attorneys, may
at any Time have an Office Copy of the said Process and the Return
thereto, at the Cost of the Party applying for the same : and if the
said Sheriff shall have taken from any Person arrested any Money
or Thing, for, and to the Use, and on the Behalf of the said Plaintiff,
or any Bond or Obligation, by virtue of any Writ of Capias ad
Respondendum, then the said Sheriff shall, after the Expiration of
the Time allowed for the Defendant to appear, and in Default of
Appearance, and being thereto required by the Plaintiff or his
Attorney, deliver over to the said Plaintiff or his Attorney the said
Money or Thing, or assign to the said Plaintiff such Bond or Obliga-
tion, by an Endorsement to be thereon made by the said Sheriff,
under his Hand, which Endorsement shall, as near as may be, be in
the Form in the Schedule hereunto annexed, marked No. 2.
Appearance of De- XII. That the Defendant in any Suit or Action, upon whom
fendant to be entered
in the Registrar's Service of any Civil Process has been made, or who has been
Office ;
arrested and given Bail for his Appearance to answer any Complaint
or Demand, shall, within Eight Days after such Service or Arrest,
either by himself or his Attorney, enter an Appearance in a Book to
except where the De- be kept for that purpose by the Registrar of the said Court : Provided
fendant
mit the intends to ad- nevertheless, that any Party against whom any Writ of Summons
Claim against
him. or other Process may have been issued, in respect of any Claim or
Demand against him, may appear personally before the Court and
admit the same ; and the Registrar, or other Officer of the Court,
shall thereupon take down in Writing such his Admission, and the
Defendant, or some Person by him duly authorized, shall sign the
same, and thereupon the Court shall forthwith pronounce Judgment.
Service of Notices,
XIII. That after the Defendant in any Suit or Action has entered
&c., after
dant has appeare d by his Appearance by Attorney, Service of all future Summonses,
the Defeny
Attorney. Demands, Notices, and other Proceedings in the said Suit or Action,
made upon the said Attorney, and in like manner upon the Attorney
of the Plaintiff, or left at his Place of Business, shall be valid and
effectual, excepting where Personal Service upon either Party is
by any Proceeding, Order, or Practice of the said Court specially
required and provided : and all such Summonses, Demands, Notices,
and other Proceedings shall be served before Six o'clock at Night.
Time of filing De- XIV. That in all Suits and Actions where the Defendant has
claration or Claim.
entered an Appearance to answer any Complaint or Demand, the
Declaration or Claim of the Plaintiff shall be filed in the Office of
the Registrar, and Notice thereof shall be given to the Defendant or
his Attorney, within One Month after such Appearance, in Default
whereof the Plaintiff shall be barred from declaring or making
Claim ; and where the Defendant does not appear to the said
Process, and an Appearance shall have been entered for him by the
Plaintiff, the Declaration or Claim shall be in like manner filed in
Requisities of De- the Office of the Registrar within the Time aforesaid : and such
claration.
Declaration or Claim shall correspond with the Writ of Summons
or other Process in every material Point, and shall state truly and
concisely
10° VICTORIE .- 1847. 9
concisely the Name and Description of the Party suing, and the
Right in which he sues ; the Name of the Defendant, and the Right
in which he is sued ; the Nature, Extent, and Grounds of the Cause
of Action, Complaint, or Demand, and such Conclusions as, according
to the Form of each particular Suit or Action, the Plaintiff shall by
Law be entitled to deduce therefrom ; and if any argumentative or
irrelevant Matter be stated in the Declaration or Claim, the same,
being shewn to the Court, shall be struck out of the Declaration or
Claim, with or without the Payment of Costs, as the Court shall
direct.
XV. That in all Cases where the Defendant has appeared, or an Time of Pleading.
Appearance has been entered for him by the Plaintiff, he shall plead
or answer within Eight Days next after the filing of the Plaintiff's
Declaration or Claim, and Notice thereof served on the said Defen-
dant or his Attorney (unless, upon Application to the Court, or to
the Chief Justice at Chambers, further Time be granted to the
Defendant for that purpose :) provided due Notice to plead has been
given to the Defendant, and provided also that a Written Demand
of Plea has been served by the Plaintiff or his Attorney on the
Opposite Party after the Expiration of the said Eight Days, and
Twenty-four Hours have elapsed after the Service of the said De-
mand ; in Default whereof the Defendant shall be barred from
pleading or answering thereto, and the Plaintiff shall be at liberty
to sign Judgment : and in case the said Defendant shall, within the Requisites of Plea.
Time hereby limited , plead to the said Declaration, he shall in his
Plea either admit or deny, or confess and avoid, all the material
Facts alleged in the Declaration or Claim of the said Plaintiff, and
shall clearly and concisely state and set forth the same ; and if any
argumentative or irrelevant Matter be stated in the said Plea, the
same, being shewn to the Court, shall be struck out of the Plea,
with or without Payment of Costs, as the Court shall direct.
XVI. That the Plaintiff shall be at liberty, after the filing of Within what Time
Plaintiff to reply.
the Plea, Answer, or Demurrer of the Defendant, forthwith to reply
thereto, and shall be obliged to reply or answer thereto within
Eight Days after the Filing and Notice thereof, unless, upon Appli-
cation to the Court, or to the Chief Justice or other Judge thereof
at Chambers, further Time be given to him for that purpose ; and
in Default thereof, and after the Expiration of Twenty-four Hours
after a Written Demand of Replication has been made and served
by the Defendant or his Attorney, the Plaintiff shall be barred from
replying or answering thereto, and the Defendant shall be at liberty
to sign Judgment of Non-pros.
XVII. That if the Replication of the said Plaintiff shall contain Rejoinder-in what
any new Matter, the Defendant shall be allowed to rejoin to the Time. Case , and within what
said Replication, but not otherwise, unless with Leave of the Court,
or Chief Justice or other Judge thereof at Chambers, for that pur-
pose given ; and such Rejoinder of the Defendant shall be filed, and
Notice thereof given, within Eight Days after the Filing and Notice
of the Replication or Answer of the Plaintiff, unless upon Appli-
cation to the Court, or to the Chief Justice or other Judge thereof,
further Time be given for that purpose ; and in Default thereof, and
after the Expiration of Twenty-four Hours after a Written Demand
C thereof,
10 REGULA GENERALIS .
thereof, the Defendant shall be barred from rejoining thereto, and
the Plaintiff shall be at liberty to sign Judgment.
Judgment against XVIII. That whenever it shall happen that the Plaintiff, by
the
proceeding in not his Default, shall be barred from declaring or making Claim, and
Plaintifffor
Cause.
that the Defendant, by reason of such Default, shall be at liberty to
sign Judgment against him for not proceeding in the said Cause,
such Judgment shall be signed and entered in a Book kept by the
Registrar for that purpose : and thereupon the said Defendant shall
proceed to tax the Costs of the said Cause against the Plaintiff.
Consequences ofDe-
fault, and how reme- XIX. That whenever either Party in the Cause shall, by his
died. Default, be barred from declaring or making Claim, Pleading,
Answering, Replying, or Rejoining, as the Case may be, the Plead-
ings therein shall be considered as closed : Provided, however, that
the Party in Default may, at any Time before Final Judgment, by
Order of the Chief Justice or other Judge of the said Court, purge
his said Default, and be admitted to declare or make Claim, Plead,
Answer, Reply, or Rejoin, upon an Affidavit of Merits and other
sufficient Grounds, to the Satisfaction of the said Chief Justice or
other Judge, upon such Terms as the said Chief Justice or other
Judge shall impose.
Time to declare, or XX. That either Party may, upon Application to the Chief
plead, &c., how ob- Justice or any other Judge of the said Court at Chambers, obtain
Time to Declare, or make Claim, Plead, Answer, Reply, or an Order
to Amend the Pleadings, or Schedule thereto annexed respectively,
upon sufficient Cause shewn to the Satisfaction of the said Chief
Justice, or other Judge, and upon such Terms as he shall impose.
Pleadings to be XXI. That all Pleadings in any Civil Case shall be signed by
signed by Counsel a Barrister, and filed with the Registrar of the said Court within
Time of filing Plead-
ings. the Office Hours on the Day on which the same should by Practice
of the said Court be filed ; and either Party in the Cause may at all
reasonable Times search for such Pleadings, and ask for and obtain
Copies of the same at his own Expense.
Schedule of Docu- XXII . That there shall be annexed to the Declaration and
be annexed toPlead. Pleadings, in every Civil Cause, a Schedule of all Documents or
ings. Papers which the Plaintiff and Defendant respectively propose to
give in Evidence upon the Trial of the said Cause ; and Inspection
and Copies of all such Documents and Papers shall be given, if in
the Possession or under the Control of either of the Parties respec-
tively, to the opposite Party or his Attorney, upon his Request, and
at his Expense.
Setting aside Pro- XXIII. That where any Proceeding in a Cause has been irre-
ceedings for Irregu- gular or improper, it shall be competent to the Party complaining
of the Irregularity, before taking any further Step therein, to apply
to the Court, in Term Time, for a Rule, or to take out a Summons
before the Chief Justice or other Judge at Chambers, in Vacation,
calling upon theOpposite Party to shew Cause why the Proceeding
should not be set aside for Irregularity ; and the Court or Judge,
upon Service of such Rule or Summons, shall make such further
Rule or Order therein as shall seem fit.
XXIV.
10° VICTORIE.- 1847. 11
XXIV. That where, after the Written Pleadings in any Suit or Setting down Cases
for Argument.
Action are closed, and the Facts therein stated being admitted, the
Law arising therefrom only is disputed , either Party may set down
the Case for Hearing in the Paper of Cases for Argument, upon
giving Seven Days' Notice thereof to his Opponent previous to the
Day for Argument ; and for that Purpose shall give a Note thereof
to the Registrar of the Court, containing the Names of the Parties,
their Counsel, and Attorneys, Four Days at least before the Day
appointed for Argument, and shall at the same Time deposit with
the said Registrar, for the Use of the Court, a Written Statement of
the Matters and Points of Law intended to be argued.
XXV. That where, after the Written Pleadings in any Suit or forSetting
Trial. down Causes
Action are closed , the Facts therein stated, whether dependent upon
Documentary Evidence or otherwise, as well as the Law applicable
thereto, or the Facts alone, are disputed, the Plaintiff may forthwith
set down the Cause in the Paper of Causes for Trial ; and for that
purpose shall give a Note thereof to the Registrar of the Court, con-
taining the Names of the Parties, their Counsel, and Attorneys, Four
Days at least before the Day appointed for Trial : and in like manner
the Defendant may set down the Cause for Trial, if the Plaintiff shall
neglect to do so within theTerm next after that in which Issue is joined.
XXVI . That Notice of Trial shall be given by the Party setting Notice of Trial.
down the Cause, to his Opponent, Seven Days previous to the Day
of Trial ; but where it shall be made to appear to the Court, or to
the Chief Justice or other Judge thereof at Chambers, upon the
Application of either Party, that the Witnesses in the said Cause,
or any of them, reside out of, or are Absent from the said Colony,
then it shall be lawful for the said Court, or for the said Chief
Justice or other Judge, to grant such further Time for the Trial of
the said Cause as shall seem reasonable and proper.
XXVII. That the Party giving Notice of Trial may, at any Countermanding No-
tice of Trial.
Time before the Day of Trial, countermand the said Notice, upon
Payment of the Costs, if any incurred by his giving such Notice and
Countermand ; such Costs to be taxed by the Registrar.
XXVIII. That either Party desiring the Attendance of any Witnesses -Subpœ-
Person to give Evidence on the Trial of a Cause, may take out, from na.
the Office of the Registrar of the Court, one or more Writs of
Subpoena for that purpose, each of which said Writs of Subpœna
may contain the Names of Four Persons ; and Service thereof upon
any Person therein named shall be made by delivering to him a
Copy of the said Writ of Subpoena, and at the same Time shewing
him the Original, and informing him of the Exigency thereof ; and
any Person being so served with a Copy of the said Writ of Subpoena
a reasonable Time before the Day of Trial, and his reasonable Ex-
penses having been paid or tendered to him, and not having any
lawful Impediment, shall, on his Default, be liable to be attached,
fined, and imprisoned, for his Contempt of the Process of the Court,
without Prejudice to any other Claim or Remedy the Party aggriev-
ed by his Default may by Law have against him on that Account ;
and the said Writ of Subpoena shall, as near as may be, be in the
Form in the Schedule hereunto annexed, marked No. 3.
XXIX.
12 REGULA GENERALIS .
Subpoenaducestecum. XXIX. That if any Witness shall have in his Possession or
Control, any Deed, Instrument, or Writing, which the Party requi-
ring his Attendance is desirous to give in Evidence, then the said
Writ of Subpoena shall be in the Form in the Schedule hereunto
annexed, marked No. 4.
Examination ofWit- XXX. That when the Testimony of any Witness is in Danger
nesses de bene esse.
of being lost before the Matter to which it relates can be made the
subject of Judicial Investigation, either Party desiring his Testimony
may apply in Term Time to the Court on Motion, or in Vocation
upon Affidavit to the Chief Justice or other Judge at Chambers,
setting forth the particular Circumstances under which the same is
made, that such Witness may be forthwith examined de bene esse,
or conditionally, either before the Court, or before a Commissioner
to be appointed by the said Court for that purpose, according as such
Witness resides near to, or at a Distance from Victoria ; and the
said Court, or Chief Justice, or other Judge, will thereupon make
such Order as the Justice of the Case may require.
Execution of Judg-
ments, & c. XXXI. That the Party in whose Favour any final Judgment,
Decree, or Sentence of the said Court, in any Civil Suit or Action ,
has been pronounced or given, may, at his own Risk, and without
any Leave for that purpose, sue out of the Office of the Registrar
of the said Court one or more Writs or Processes for the Execution
thereof: Provided, that no such Writ or Process shall issue against
the Immoveable Property of any Person, to raise any Sum of Money,
Debt, or Damages, by the Sale thereof, (except where by Sentence of
the Court such Immoveable Property may be declared to be specially
liable to Sale,) until any Writ or Process which may have been
issued against his Moveable Property shall be first returned, and
the Court shall perceive thereby that the said Person has not
sufficient Moveable Property to satisfy the Exigency of the said
Writ or Process ; or if no such Writ or Process shall have been
issued, then, until upon Motion to the said Court for that purpose
made, it shall appear to the Satisfaction of the said Court, that the
Person against whose Immoveable Property such Writ or Process is
desired, has no Moveable Property which can be taken in Execution
of the Sentence of the said Court, or not sufficient to satisfy the
same and no Writ or Process of Execution shall issue for the
levying and raising of any Costs awarded by the said Court to any
Party, until the same shall have been taxed by the Registrar of the
said Court ; and for that purpose, the Plaintiff or Defendant, or
Attorney of the Party obtaining any Appointment for Taxation
from the Registrar, shall give due Notice to the Opposite Party of
such Appointment, in order that he may be present thereat : and
the Registrar shall, in his Taxation and Allowances, be guided
according to the Practice of the Courts in England in such cases,
and according to the Table of Fees hereunto annexed ; and either
Party, feeling aggrieved by his Decision, may apply to the Court on
Motion, specifying the Items, Charges, or Allowances objected to,
that the said Registrar may review his Taxation .
Judgments, &c., may XXXII. That the Judgments, Decrees, and Orders of the said
be executed anywhere
within the Colony. Court, shall be carried into Execution in any District or Place
whatsoever within the said Colony and its Dependencies, where the
Defendant ,
10° VICTORIE.- 1847 . 13
Defendant, his Goods or Chattels, may be found or be met with :
Provided that no Writ of Execution against the Goods, Chattels, Levy on Defendant's
and Effects of the Defendant, shall be executed at any time after Goods to be made be-
Sunset, nor before Sunrise ; and if any Officer or Person shall set.
execute any such Writ after Sunset, or before Sunrise, such Officer
or other Person shall be subject and liable to a Fine of not exceed-
ing Fifty Dollars, which shall be set by the said Court, and enforced
by Distress and Sale of the Offender's Goods.
XXXIII. That all Motions or Special Applications to the Court Motions.
shall be supported by Affidavits of the Facts or Circumstances upon
which the same are made (which Affidavits shall be sworn before a
Judge or Commissioner of the said Court) ; and that all Memorials Memorials, & c.
and Petitions shall be brought before the Court upon Motion, and
shall be delivered to the Registrar at his Office the Day before the
same are moved in Court, and the Registrar shall make a Roll
thereof, and call on the same in order ; and no such Memorial or
Petition shall be sent to any Judge of the said Court, except by
special Permission .
3.-PROCEEDINGS IN FORMA PAUPERIS.
XXXIV. That any Poor Person, before commencing or defend- Right to Sue or De-
fend in forma Paupe-
ing any Action or Suit in the said Court in his own Right, or ris.
becoming Poor during the Progress thereof, may apply to the Court
on Motion for Leave to sue or defend as a Pauper, which Motion
shall be supported by an Affidavit of the Party so applying, and of
Two Householders living in his Neighbourhood, that he is not
possessed of Property to the Amount of Fifty Dollars in value,
excepting Wearing Apparel and the Matter or Thing claimed by
him in the Action or Suit if he be Plaintiff ; and thereupon it shall
be referred to a Barrister of the said Court, or such other Person as
the Court shall appoint, to consider the said case ; and upon the
Party so applying producing a Certificate signed by such Barrister
or other Person, that he has considered the Case of the said Party,
and believes him to have a Good Cause for Action or Defence, as
the case may be, it shall be lawful for the said Court to grant a
Rule to the Party applying, calling upon the Opposite Party to
shew Causes why the Applicant should not be allowed to sue or
defend (as the case may be) in forma Pauperis ; and unless sufficient
Cause be shewn against the said Rule, the same shall be made
absolute.
XXXV. That if the Party applying to sue or defend as a Pauper Appointment of Bar-
rister and Attorney to
in any case not being within the Summary Jurisdiction of the Court, appear for Pauper.
shall also pray that any Barrister or Attorney consenting thereto
may be appointed to appear for him, the Court will so order, or
else will appoint a Barrister and Attorney, or other Person duly
authorised to act as such, to appear for the said Party.
XXXVI. That no Fee shall be taken by any Barrister or Attor- No Fees to be taken
in Pauper causes.
ney, or Officer of the Court, from any Person admitted to sue or
defend as a Pauper, for anything done in the Conduct of the Cause ;
but if he succeed, and the Costs should be awarded to be paid by
his Opponent, then the Barrister and the Attorney of the said Party,
D and
14 REGULA GENERALIS .
and the Officers of Court, shall be entitled to, and shall receive all
such Fees as the Registrar of the Court shall allow to them on
Taxation.
When Privilege of XXXVII. That any Person having been so admitted to sue or
suing or defending as defend as a Pauper, and becoming of Ability during the Progress of
a Pauper to cease.
the Cause, or misbehaving himself therein by any Vexatious or
Improper Conduct or Proceeding, or wilfully delaying the Cause,
shall, on the same being shewn to the Court, be deprived of all the
Privileges of such his Admission .
4. CRIMINAL PROCEEDINGS.
Process for Sum- XXXVIII. That the Process of the said Court for summoning
moning Defendant
Indictment on the Defendant to answer any Indictment or Information, and for
or Infor-
mation.
the Service of a Copy of the Indictment or Information on any
Defendant therein named, shall be by Writ sued out by the Regis-
trar of the said Court, or when the Prosecution is at the Instance of
a Private Party, by the Prosecutor or his Attorney, and the same
shall be directed to the Sheriff of the Colony, in the Form, or as
near as may be, in the Schedule hereunto annexed, marked No. 5 .
Notice of Trial on XXXIX . That the said Registrar or his Deputy in Crown cases,
Indictment
mation. or Infor- or the Prosecutor or his Attorney, shall endorse on, or annex to,
every Indictment or Information, and every Copy of any Indictment
or Information, delivered to the Sheriff for Service thereof, a Notice
of Trial ; which Notice shall specify the Court before which, and the
particular Session and Time when, he will bring the Defendant to
Trial on the said Indictment or Information ; and which shall be as
near as may be in the Form in the Schedule hereunto annexed,
marked No. 6.
Prosecutorto deliver XL. That the said Registrar or his Deputy, or the Prosecutor
to Sheriff . Process,
Copy of Indictment or or his Attorney, shall deliver, or cause to be delivered to the Sheriff,
Information, and No- (together with the Process of the Court for summoning the Defen-
tice of Trial.
dant) a Copy of the Indictment or Information, with the Notice of
Trial endorsed on the same or annexed thereto ; and if there are
more Defendants than one, then as many Copies and Notices as
there are Defendants ; and if the Prosecution be at the Instance of
any Private Party, the Prosecutor shall also at the same time pay
to the said Sheriff his lawful Costs and Charges for serving the
same.
Time and Mode of
XLI. That the Sheriff shall, as soon as may be after having
Defendant
on Indictment or In- received a Copy or Copies of the Indictment or Information , and
formation.
Notice or Notices of Trial, and the Process of the Court for serving
the same, and Ten Days at least before the Day therein specified
for Trial of the said Defendant or Defendants, by himself, or his
Deputy, or other Officer, deliver to the said Defendant or Defendants
the said Copy or Copies, or Notice or Notices, and explain to him,
her, or them, the Nature and Exigency thereof ; and when the said
Defendant or Defendants, or any or either of them, cannot be found,
he shall leave a Copy or Copies of the said Indictment or Informa-
tion, and Notice or Notices of Trial, with some one of his, her, or
their Household , for him, her, or them, at his, her, or their Dwelling-
house,
10° VICTORIE.- 1847. 15
house, or with some one of his, her, or their Clerks, for him, her, or
them, at his, her, or their Counting-house or Place of Business ; and
if none such can be found, shall affix the said Copy or Copies, and
Notice or Notices, to the Outer or Principal Door of the said
Dwelling-House or Houses.
XLII. That the Officer serving the Copy or Copies of the said Return of Service of
Indictment or Information , and Notice or Notices, shall forthwith Copy
&c. of Indictment,
transmit to the Registrar of the Court a Copy of the Return of the
Mode of Service of the said Indictment or Information endorsed on
the Writ or Process for Serving the same.
XLIII . That when it shall appear by the Endorsement made on Proceedings on Non-
the Writ or Process by the Officer executing the same, that the appearance
dant thereon.of Defen-
Copy or Copies of the Indictment or Information, and Notice or
Notices of Trial, have been duly served in Manner herein before
provided, and the Defendant or Defendants, on being Thrice called
on the Day appointed for the said Trial, does, or do not appear, it
shall be competent for the Prosecutor to move the Court, if the
Defendant or Defendants have been admitted to Bail, that he, she,
or they, and his, her, or their Sureties, may be called upon their
Recognizance or Recognizances, and in Default of his, her, or their
Appearance, that the same may be Estreated ; and it shall also be
competent for the Prosecutor to apply to any Judge of the said
Court for his Warrant for the Apprehension of the said Defendant
or Defendants .
XLIV. That if the Prosecutor or his Attorney, having given Proceedings on Non-
Notice of Trial, shall not appear in Court to prosecute or prefer the cutor
appearance of Prose-
Notice of
said Indictment or Information before the Close of the Session of Trial.
that Court before which he gave Notice for Trial, it shall be compe-
ent for the Defendant or Defendants to move the Court to discharge
him, her, or them therefrom ; and when the said Defendant or
Defendants, or any other on his, her, or their behalf, has or have
been bound by Recognizance for the Appearance of the said De-
fendant or Defendants so to take his, her, or their Trial, then
that the said Recognizance may be discharged ; and where the
Indictment or Information is at the Instance of a Private Party,
it shall also be competent to the Defendant or Defendants to
move the Court that the said Private Prosecutor or Prosecutrix
and his or her Sureties shall be called on their Recognizance , and
in Default of his or her Appearance, that the same may be Estreated .
XLV. That the Subpoena or Process of the Court for procuring Process for procu-
ring Attendance of
the Attendance of any Person before the said Court to give Evidence Witnesses on Criminal
in any Criminal Case, shall be sued out of the Registrar's Office by Cases.
the Registrar thereof, or, where the Prosecution is at the Instance
of a Private Party, by the Prosecutor or his Attorney, or by the
Defendant or Defendants, or his, her, or their Attorney ; and the
same shall be delivered to the Sheriff at his Office, for Execution
thereof, together with so many Copies of the Subpoena as there are
Persons to be served therewith.
XLVI . That the Names of Four Witnesses may be inserted in esHow many
in one Witness-
Subpæna.
one Subpoena, and they shall be described therein with such Certainty
that the summoning Officer may be able readily to find them ; and
the
16 REGULA GENERALIS .
the Form of the said Subpoena shall, as near as may be, be according
to the like Form established in the said Court in and for Civil Cases.
Private Prosecutor XLVII. That when the Prosecution is at the Instance of a
to pay Sheriff's Costs Private Person, he or she, or some one on his or her behalf, shall, at
together with Expens-
es.
the Time of delivering the said Subpoena and Copies thereof, also
pay to the Sheriff his lawful Costs and Charges for executing the
same, together with such further Sum or Sums of Money as the said
Private Party intends the said Sheriff to give or tender to the said
Witnesses respectively for their Travelling Expenses.
Service of Subpœna. XLVIII. That service of any Subpoena upon any Person therein
named to give Evidence, shall be made by delivering to him or her,
or by leaving with some one of his or her Household for him or her
at his or her Dwelling-house, or with some one of his or her Clerks
at his or her Counting-house or Place of Business, when he or she
cannot be found, a Copy of the said Subpoena ; and the summoning
Officer shall at the same time shew him or her, or the Person with
whom the Copy is left, the Original, and shall inform him or her of
the Exigency thereof; and the said Officer shall in all cases endorse
on, or annex to the Original, a Return of the Manner of his Execution
thereof, and shall transmit the same to the Registrar of the Court.
Pleading to Indict- XLIX . That the Prisoner or Prisoners to be tried upon any
ment or Information. Indictment or Information shall be placed at the Bar unfettered ,
unless the Court shall see Cause otherwise to order ; and the Indict-
ment or Information shall be read over to him, her, or them, by the
Registrar or other Officer of the Court, and explained, if need be, by
that Officer, or the Interpreter of the Court ; and such Prisoner or
Prisoners shall be required to plead instantly thereto ; unless where
the Prisoner or Prisoners is or are entitled to Service of a Copy of
the Indictment or Information , he, she, or they, shall object to the
Want of such Service, and the Court shall find that he, she, or they,
has or have not been duly served therewith.
5.-FEES.
Fees.
L. That in all Matters and Proceedings in the said Supreme
Court, the Fees specified in the Schedule hereunto annexed, marked
No. 7, shall be the lawful Fees to be taken and allowed in the said
Court (other than in Proceedings under the Summary Jurisdiction
thereof) unless and until it shall be otherwise ordered and directed
by and with the Sanction of the Legislative Council. And all Fees
received by the Registrar, as well as those received by the Inferior
Officers of the Court, shall be accounted for Quarterly by them
respectively to the Colonial Treasury.
BY THE COURT,
ROBERT DUNDAS CAY,
Registrar.
Passed the Legislative Council of Hongkong,
this 11th Day of March, 1847 .
L. D'ALMADA E CASTRO,
Clerk of Councils.
Schedules.
10° VICTORIÆ .- 1847 . 17
SCHEDULES.
No. 1 .
Form of Writ of Summons in Ordinary Cases.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Writ of Summons, Sec. 8.
Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his
lawful Deputy, Greeting :-
Command C. D. of Street, Victoria, Merchant (or as the case may be)
that justly and without Delay he render to A. B. the Sum of Dollars
of good and lawful Money current in the said Colony, which he owes to and unjustly
detains from him, (or " perform" that which the Plaintiff claims or demands to be per-
formed, or " satisfy the Damages" which the Plaintiff seeks, as the case may be, stating
shortly and distinctly the Nature and Cause of the Action or Complaint) as it is said ;
and unless he shall do so, then summon the said C. D., by delivering a Copy hereof, that
he appear before our Chief Justice of the Supreme Court for our said Colony at Victoria
within Eight Days after the Service hereof, inclusive of the Day of such Service, at Ten
o'clock in the Forenoon, to shew wherefore he hath not done it ; and immediately after
the Service hereof, return you there this Writ of Summons, with whatever you have done
thereupon. And we hereby require the Defendant to take notice, that in Default of his
so appearing, the Plaintiff may cause an Appearance to be entered for him the said
Defendant, and proceed thereon to Judgment and Execution.
Witness the Honourable John Walter Hulme, Esquire,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign.
G. H.
Street, Victoria,
Plaintiff's Attorney ;
(or ifthe Plaintiff sue in Person)
A. B. of
Street, Victoria,
Plaintiff.
Form of Writ of Summons in Actions on Bills and Notes, and other Written
Instruments of a like Nature.
VICTORIA by the Grace of God of the United Kingdom of Great Britain and Ireland Writ of Summons on
Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his Bills, &c. , Sec. 8
lawful Deputy, Greeting :
Command C. D. of Street, Victoria, that justly and
without Delay he render to A. B. the Sum of Dollars of good and lawful
Money current in the said Colony, which he owes to the said A. B., upon and by virtue
of a certain Promissory Note (or other Instrument, describing it) bearing Date the
Day of in the Year of our Lord
signed by the said C. D. , or signed by
and endorsed by the said C. D., (as the case may be) together with
the Interest thereon from the Day of as it is said ;
and unless he shall do so, then summon the said C. D. , by delivering a Copy hereof, that
he appear before our Chief Justice of the Supreme Court of our said Colony at Victoria,
within Eight Days after the Service hereof, inclusive of the Day of such Service, at Ten
o'clock in the Forenoon, to shew wherefore he hath not done it ; and serve on the said
C. D., a Copy of the said Promissory Note (or other Document, &c., ) whereon the said
Action or Claim is founded ; and immediately after the Service hereof, return you there
this Writ of Summons, with whatsoever you have done thereupon. And we hereby
E require
18 REGULA GENERALIS .
require the Defendant to take Notice, that in Default of his so appearing, the Plaintiff
may cause an Appearance to be entered for him the said Defendant, and proceed thereon
to Judgment and Execution.
Witness the Honourable John Walter Hulme, Esquire,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign.
G. H. No.
Street, Victoria,
Plaintiff's Attorney ;
(or ifthe Plaintiff sue in Person)
A. B. of
Plaintiff.
No. 2.
Assignment of Bail-Bond.
Assignment of Bail-Bond, I the within named Sheriff, at the Request of A. B., the Plaintiff within named, hereby
Sec. 11.
assign to him the said A. B., the within Bail -bond, and all the Benefit and Advantage
arising therefrom.
In witness whereof I have hereunto set my Hand
this Day of
in the Year of our Lord
C. G. H.- Sheriff.
No. 3.
Subpoena .
Subpoena, Sec. 28. VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting :—
We command you, that, laying aside all and singular Business and Excuses, you, and
every of you, be and appear in your proper Persons before our Chief Justice of the
Supreme Court of our Colony of Hongkong, at Victoria, on the
Day of at Ten of the Clock in the Forenoon of the same Day, to
testify all and singular those Things which you, or either of you, know, in a certain
Cause now depending in our said Supreme Court at Victoria, between A. B. Plaintiff,
and C. D. Defendant ; wherein the said A. B., complains, &c ., (or claims, &c., stating
shortly the Nature of the Action, ) on the Part of the Plaintiff, (or Defendant ; ) and this
you, or any of you , shall by no means omit, under the Penalty upon each of you of One
Hundred Dollars.
Witness the Honourable John Walter Hulme, Esquire,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign .
G. H. No.
Street, Victoria,
Plaintiff's Attorney ;
(or ifthe Plaintiff sue in Person)
A. B. of
Plaintiff.
No. 4.
Subpoena Duces Tecum.
BecSubpoena
29. duces tecum, VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland
Queen, Defender of the Faith, to G. H., I. K., L. M., and N. O., Greeting :-
We command you, that laying aside all and singular Business and Excuses, you, and
every of you, be and appear in your proper Persons before our Chief Justice of our
Supreme Court of our Colony of Hongkong, at Victoria, on the
Day of at Ten of the Clock in the Forenoon of the same Day ;
and also that you bring with you and produce at the Time and Place aforesaid a certain
Deed
10° VICTORIÆ .- 1847. 19
Deed, or Instrument in Writing, bearing the Date, &c., (describing the Document to be
produced) then and there to testify and shew all and singular those Things which you, or
any or either of you, know concerning a certain Cause now depending in our said
Supreme Court at Victoria, between A. B. Plaintiff and C. D. Defendant, wherein the
said A. B. complains, &c., (or claims, &c., stating shortly the Nature of the Action ) on
the part of the Plaintiff (or Defendant ; ) and this you, or any of you, shall by no means
omit, under the Penalty upon each of you of One Hundred Dollars.
Witness the Honourable John Walter Hulme, Esquire,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Reign,
G. H. No.
Street, Victoria,
Plaintiff's Attorney ;
(or ifthe Plaintiff sue in Person)
A. B. of
Plaintiff.
No. 5.
Processfor Summoning Defendant on Indictment or Information.
Process for Summoning
VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Defendant on Indictment,
Queen, Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his &c., Sec. 38.
lawful Deputy, Greeting :-
We command you that you summon (the Defendant or Defendants, following the Des-
cription in the Indictment or Information,) that he (she, or they) appear before our
Supreme Court of the said Colony, at the Session of the said Court, to be holden in and
for the said Colony, at Victoria, on the Day of next,
and following Days, there to answer to a certain Indictment or Information preferred or
to be preferred, filed or to be filed, against him (her or them) by our Attorney-General
in our behalf, ( or when the Prosecution is at the Instance of a Private Party or Private
Parties, describing the Prosecutor or Prosecutors as in the Indictment or Information)
and not to depart until he (she, or they) be discharged in due course of Law ;-and serve
upon the said Defendant (or upon each of the said Defendants) a Copy of the said
Indictment or Information, and the Notice of Trial endorsed on the same, or annexed
thereto, and return on that Day to the Registrar of the Court this Writ, with whatsoever
you have done thereupon.
Witness the Honourable John Walter Hulme, Esquire,
Our Chief Justice of our said Colony at Victoria,
the Day of
in the Year of our Lord
No. 6.
Notice of Trial of Indictment or Information.
C. D.
Take notice, that you will be tried on this Indictment ( or Information, or on the Notice of Trial, &c. , Sec.
Indictment or Information whereof this is a True Copy) at the Criminal Sessions of the 39.
Supreme Court, to be holden at Victoria, in and for the Colony of Hongkong on the
Day of
No. 7.
COURT FEES.
For filing or entering Plaint, or Statement of Cause of Action, $1.00
Writ of Summons, each Defendant, 1.00
For filing every Affidavit of Debt, where the Sum sworn to shall not exceed $ 100 , 2.00
Do. do. do. where the Sum sworn to shall exceed $ 100, for every $ 100, or
Fractional Part thereof, beyond the first $ 100 , 1.00
Writ of Capias, · · 2.00
Alias or Pluries do . , 2.00
Filing and entering every Appearance, 1.00
Filing
20 REGULA GENERALIS .
Filing and entering Declaration , where the Real Amount claimed shall not exceed
$ 100, 2.00
For every $ 100, or Fractional Part thereof, after the first $ 100, •
1.00
In all Ejectments, and in all Actions and Proceedings where the Property sought
to be recovered shall consist of Lands or Houses, or both, the Charge
on filing or entering Declaration shall be 1 per Cent upon the Valuation
at which the same is assessed by Government.
In all Actions or Proceedings brought for the Recovery of a Specific Personal
Chattel, or for Damages done thereto, or for Conversion of the same, the
Charge for filing and entering Declaration shall be 1 per Cent on the Value
of the Chattel, and 1 per Cent on the Damage laid in the Declaration.
Registrar's Certificate of Declaration being filed, 1.00
For filing and entering every Plea, Demurrer, Joinder in Demurrer, Replication,
Rejoinder, or other Pleading, · 1.00
For filing any Documents or Affidavits not otherwise charged, 0.50
For the Pleadings when Issue is joined, in Fact or in Law, or both, -One Fee of · 2.00
NOTE. This Fee is to be collected on signing the Writ of Trial, or on passing
the Record, or otherwise on the taxing of Costs.
For Subpoena, each Witness, 1.00
For signing the Jury Process, and passing and sealing the Record of Nisi Prius, 2.00
NOTE. Venire and Distringas included in this.
For striking and reducing a Special Jury, 5.00
For entering an Interlocutory Judgment, where no Pleading Fee of $ 2 has been
previously payable, . 1.50
For entering a Final Judgment, 2.00
For entering a Judgment of Non Pros. 1.50
For every Satisfaction acknowledged upon Record, 1.50
For entering an Auditâ Querelâ, 1.50
For exemplifying a Record, 2.00
For entering every Cause for Trial, 1.00
For calling same, 0.50
For administering every Oath, in Court or Chambers,. 0.50
For reading every Exhibit, Document, or Paper produced in Evidence, unless the
Court or Judge shall at the time direct a larger Sum to be paid, 0.50
For every Judgment or Decree pronounced by the Court or Judge, where the
Amount recovered does not exceed $ 100,. • 2.00
For every $ 100 or Fractional Part thereof above the first $ 100, 1.00
For entering such Judgment or Decree. · 1.00
For taxing Costs where the Bill does not exceed $100, 2.00
For every $ 100 or Fractional Part thereof above the first $ 100, 1.00
For every Report or Determination of the Registrar, on Special Reference from
the Court, · 5.00
For every Examination before the Registrar, viva voce, or on Written Inter-
rogatories, 5.00
For settling every Bond, as Security for Costs, 3.00
For all Writs of Execution, 5.00
For every Writ not otherwise charged, 1.00
For every Copy of Declaration or other Pleading, or any other Document, Paper,
or Proceeding in Court not otherwise charged, in all Matters, per Folio, • 0.50
For Registrar or Clerk examining or attesting and certifying same, in all matters, 1.00
For every Attachment for Contempt, in the Presence of the Court or otherwise, or
Disobedience of Rule or Order of Court, 1.00
For all Interrogatories and Answers filed thereto, in pursuance thereof, -per Folio, 0.50
For every Commission to examine or swear Witnesses, -each Witness, · 1.00
For every Search in the Registrar's Office, 0.50
For every Judge's Summons, • 1.00
For every Rule or Order of Court, including sealing, 1.00
Filing Notice of Motion, 0.50
For every Attendance by Registrar, or other Person appointed by the Court
(within the Limits of Victoria) to take Affidavits, administer Oaths, or
transact other Business,-exclusive of Expenses, . 1.00
Beyond the Limits of Victoria,-exclusive of Expenses, · 2.00
Attendance as Commissioners to take Interrogatories,-per Diem, 5.00
Attendance at the Judge's House, at the Request of a Party, 2.00
Special Case for the Opinion of the Court, 1.00
Demurrer and other Paper Books, 1.00
Exhibit to which Judge's Signature is required, 0.50
Certificate on Nisi Prius Record, 1.00
Escape Warrant, 2.00
Warrant to apprehend an Insolvent, . 3.00
For
10° VICTORIÆ .- 1847. 21
For every Receipt granted by the Registrar, when demanded, 0.50
For affixing the Seal of the Court to any Process during Court Hours, 1.00
After Court Hours, 2.00
For every Transcript of Record, where the same shall not exceed 50 Folios, . 50.00
Each Folio beyond 50 Folios, 1.00
ECCLESIASTICAL FEES.
BY THE PROCTORS.
For drawing and copying Affidavit, Petition, and other Documents, Attendances,
&c., the same Fees as in Actions at Law.
BY THE REgistrar.
For filing and entering Petition for Probate or Letters of Administration, &c., • 1.00
Swearing Petitioner to the Truth of Petition, . 1.00
For every Citation, · • 1.00
For every Caveat filed, 1.00
For every Commission of Appraisement, 1.00
For granting Probate or Letters of Administration, 5.00
For filing and entering Bond by Administrator, 2.00
For every Certificate by the Registrar or other Officer of Accounts and Inventories
being filed, where the Sum realised shall amount to $200, 2.00
For every subsequent $ 100 or Fractional Part thereof, • 1.00
Swearing Party to the Truth of Account or Inventory, 1.00
Every Exemplification of Will, -per Folio, • 1.00
For every Order of Court or Judge, 1.00
NOTE.-No Fees payable where the Estate is sworn to be under $200.
SHERIFF'S FEES.
For Service of every Writ of Summons, Subpoena, Citation, or Order, • 1.00
For every Arrest on Civil Process, 5.00
For discharging every Defendant by desire of Plaintiff, 0.50
For releasing Property taken in Execution at the desire of Plaintiff. 5.00
For drawing and taking Bail Bond where only one Defendant, 2.00
Where more than one, -each Defendant, 1.00
For conveying Defendant to Gaol from Place of Arrest,—per Mile , 0.50
For every Arrest or Seizure in Execution, 5 per Cent to be charged on the first
$500, and 2 per Cent on every $ 100 or Fractional Part thereof above
$500.
For receiving Money upon Deposit, and paying same into Court, 2.00
For filing Bail Bond, • 1.00
For Assignment of Bail or other Bond, · 1.50
For Return to any Writ of Habeas Corpus,-if one Action , 3.00
For each Action after the first, 1.00
Searching Office for Detainers, 0.50
For each Man left in possession, if boarded, ―per diem, 1.00
Do. Do. Not boarded, . 1.50
On Writs of Inquiry.
On lodging Writ for entering Cause and Warrant for summoning Jury, 1.00
Sheriff for presiding, 10.00
Bailiff for summoning Jury and Attendance in Court, 1.00
If Inquiry held at Office of Sheriff, 5.00
For drawing and engrossing Inquisition,-per Folio, 0.50
For returning Inquisition, . 1.00
Summons for Attendance of Witness, 1.00
In Replevin.
For every Replevin Bond, where the value of the Property replevined shall not
exceed $ 100, • 2.00
For every $ 100 or Fractional Part thereof above the first $ 100, 1.00
Precept to Bailiff, • 1.00
Notice for Service on Defendant, 0.50
Bailiff for summoning Parties and delivering Goods to Tenant, 2.00
Jury Process.
For return to Common Venire, 1.00
Do. to Special, 2.00
The
22 REGULA GENERALIS.
The like on Distringas or Habeas Corpus for Common Jury, • 3.00
The like for Special Jury, 4.00
The like with a View, 5.00
For each Warrant to Bailiff to summon Common Juror and Service, • 0.50
For Attendance naming Special Jury, 10.00
For each Warrant to Bailiff to summon Special Juror and Service, 1.00
Sheriff attending in Court, 5.00
ATTORNEY'S FEES.
Writing Letter for Payment of Debt, 1.00
Service and Copy, 1.00
Instructions to Sue or Defend, . 2.00
Warrant to Sue or Defend, · 0.50
Summons and attending to Issue, 3.00
Copy for and Service on each Defendant, 1.50
Searching for, or entering Appearance, 1.00
Drawing Pleadings, Statements, Accounts for Clients, Petitions, Cases, Affidavits,
Proceedings in Court, Bill of Costs, Briefs, &c., &c., for the first Folio, 1.00
Every subsequent Folio, 0.50
Fair Copy of the like and all other Documents, per Folio, • 0.25
Engrossing the like, per Folio, 0.25
Drawing and Copy particulars of Demand, . 1.50
Attending to deliver same, 1.00
Drawing Rule to Plead, 1.00
Demand of Plea, 0.50
Copy and Service, 1.00
Notice of Trial, 0.50
Copy and Service, • 1.00
Entering Issue on Roll, 1.00
Attending thereon, 1.00
Warrant and Docket, 1.50
Attending to pass Record, 1.00
Copy particulars to annex to Record, 1.00
Venire and Attending to Issue, · 1.50
Distringas, do. 2.00
Attending for Return, · 1.00
Attending to enter Cause for Trial, 1.00
Drawing Subpoena, 1.00
Copy and Service ( each Witness,) 1.00
Instructions for Brief, 4.00
Attending Counsel in Court, Cause not tried, 3.00
Do. do. Cause tried, 6.00
Drawing and Engrossing Postea, • 2.50
Entering Interlocutory Judgment, 1.50
Do.. Final Judgment, 2.00
Attending thereon, · 1.00
Attending to deliver Bill of Costs, 1.00
Notice to Tax Copy and Service, • 1.50
Attending to Tax, 2.00
Attending Counsel, when necessary, • 2.00
Do. Officers of Court, Sheriff or Deputy, where not otherwise charged, 1.00
Do. Court or Judge at Chambers in Support of or Opposition to Motion,
Summons, &c., &c. , where no Counsel employed, • 4.00
Do. do. if Counsel employed, 2.00
Attending Court on Motion by Counsel, including Notice and Motion Paper to
Registrar, 2.00
Do. do. and conducting the Trial of any Suit, Action, or Prosecution
(if no Counsel employed,) · 12.00
Do. before Arbitrator at per Hour, 3.00
Do. Client in Solicitor's Office, when necessary, 1.00
Do. the like out of Office at Client's request in Writing within the Limits
of Victoria, · 2.00
Beyond these Limits, 4.00
For every necessary Letter written upon Matters in Dispute between the Parties,
including Copy to be kept by Attorney, 1.00
Discharge to Sheriff, including Service and Copy, 1.00
Notices of all Proceedings by Attorney, &c., on Opponent, including Copy to keep, 1.00
Service of do., 0.50
Fee to each Attorney or Agent, when a Cause is settled without going to Trial, 1.50
DIEU DROIT
HONGKONG ,
ANNO DECIMO
VICTORIÆ REGINÆ .
No. 2 of 1847 .
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
B and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance to Provide for a Church in Victoria in the Island Title.
of Hongkong.
[ 11th March, 1847.]
WHEREAS several Persons have subscribed certain Sums of Preamble.
Money for the purpose of erecting a Church at Victoria in the Island
of Hongkong for the Celebration of Divine Worship according to the
Rites of the United Church of England and Ireland, and by some 46000
Minister thereof duly appointed by the Government : And whereas 2.30 } 6,900
His Excellency the Governor of Hongkong, with the Advice and
Consent of the Legislative Council thereof, has consented to grant
from the Public Chest a Sum equal to Double of the Amount of
Subscriptions contributed, provided that such Grant shall not exceed
the Sum of Four Thousand Six Hundred Pounds Sterling : And
whereas it is expedient to provide for the immediate Appointment
and continual Succession of Trustees for the Direction of the Building
of the said Church, according to such Plan and Specification as shall
have been sanctioned by His Excellency the Governor, and confirmed
by Her Majesty's Government :
I. It is therefore hereby enacted by His Excellency the Gover Governor empower-
nor of Hongkong, with the Advice and Consent of the Legislative ed to give Four
sand Thou-
Hundred
Council, That it shall be lawful for the Governor, by Warrant under Pounds, towards build-
his Hand, to authorize the issue from the Treasury of this Colony of ing a Church.
any Sum or Sums, not exceeding in all Four Thousand Six Hundred
Pounds
24 COLONIAL ORINANCES .
Pounds Sterling, to be applied under the Direction of Trustees, to be
appointed as hereinafter provided, to the Building of a Church in
Proviso.
Victoria ; provided that no such issue shall be made until One-third
of the whole estimated Cost thereof shall have been raised by Sub-
scription and lodged in the General Treasury.
Two Trustees to be II. And it is further enacted, That before any Sum or Sums of
elected by Subscribers,
and Four nominated Money shall be issued as aforesaid, the Parties subscribing shall by
by the Governor. Plurality of Votes elect from among themselves Two Persons to act
as Trustees, and such Election shall take Place at a Meeting of the
Subscribers, of the Time and Place of holding which Meeting Ten
Days' Notice shall have been previously published in the Public
Papers of this Colony ; and upon Intimation being given to the
Governor of the Election of such Two Persons as aforesaid, the
said Governor shall thereupon nominate, in the Proportion of the
Government Share of the Expense of the Building, Four other Persons
to act as Trustees ; and the Real Estate in the said Church, and in
all Lands and Hereditaments thereunto belonging, shall be thereupon
conveyed to the said Trustees so elected and nominated, and their
Successors to be elected and nominated as hereinafter provided, for
ever, in Trust for the Purposes of the said Church.
Papers, Books, & c., III. And it is further enacted, That upon the Election and
to be delivered to Trus- Nomination of Trustees as aforesaid, all Deeds, Books, Plans, Papers,
tees.
and Vouchers relating to the said Church, and all and any Sums of
Money, Donations, or Subscriptions, given or subscribed for the pur-
pose aforesaid, shall be delivered over to the said Trustees .
Trustees to be elect- IV. And it is further enacted, That the said Trustees so elected
ed Annually.
and nominated as aforesaid shall continue to be and to act as Trus-
tees until the last Thursday in the Month of April, One Thousand
Eight Hundred and Forty-Eight ; and upon such Day such Trustees
shall cease to have any Power or Authority so to act ; and Two
Persons shall be elected at a General Meeting to be held on that
Day, and Four other Persons shall be nominated by the Governor
as soon as convenient thereafter to be Trustees of the said Church
for the Year immediately ensuing : And a fresh Election and Nomi-
nation of Trustees shall in like manner take place upon every last
Thursday in the Month of April in every Year thereafter ; and Copies
of the Minutes of every Election or Nomination of a Trustee which
shall take place under the Provisions of any Clause in this Ordinance
Proviso.
shall be transmitted without Delay to the Colonial Secretary ; Pro-
vided always that no Person shall be elected a Trustee at any
General Meeting before the Completion of the said Church who
shall not have paid up a Subscription thereto of at least Twenty
Pounds Sterling, or after its Completion, who shall not be a Renter
of at least Three Sittings therein, nor any Person who shall not be
a Member of the United Church of England and Ireland .
Colonial Chaplain to
be ex-officio Chairman V. And it is further enacted, That the Colonial Chaplain for
of Trustees. the time being duly appointed to the said Church, or during his
Absence the Clergyman duly appointed to officiate for him, shall at
all Times be ex-officio Chairman of the Trustees, but shall not have
the Power of Voting by reason of being such Chairman except in
cases where the Votes of the Trustees present shall be equal.
VI.
10° VICTORIE.-No. 2 of 1847. 25
VI. And it is further enacted, That whenever any Trustee shall , Vacancy occasioned
die, or shall resign, or shall leave the Colony, then in case such byDeath,
or Resignation,
Trustee shall have been originally elected at a General Meeting, his tees, how to be filled.
Vacancy shall be filled by some other Person duly qualified in like
Manner as such Trustee, to be elected at a General Meeting to be
called for that purpose as soon as may be convenient by the conti-
nuing Trustees or the Major Part of them ; and in case such Trustee
shall have been originally nominated by the Governor, his Vacancy
shall be filled as soon as may be convenient by some other Person
duly qualified, to be nominated in like manner : Provided always, Proviso.
that if such General Meeting shall not be called within One Month
after the Death, Resignation, or Departure of such Trustee from the
Colony, it shall be lawful for the Governor to nominate some Person
duly qualified as aforesaid to be a Trustee.
VII. And it is further enacted, That the Trustees for the time . Sittings in Church,
howto be appropriated .
being duly nominated and elected as aforesaid, or the Major Part of
them, are hereby authorized and required to set apart, as soon as
conveniently may be after the Completion of the said Church, One-
third Part of the whole Number of Sittings therein, to be appro-
priated, free of any Charge whatever, to the Use and Accommodation
of the Poorer Classes of the Population ; and also One Pew containing
not more than Four Sittings for the Use and Occupation , free from
all Charges, of the Clergyman licensed to officiate in the said Church ;
and the remaining Sittings, after due Provision shall have been
made for the free Accommodation of the Governor and his Family
and Suite in the Chancel or elsewhere, and of the Military, shall be
assigned to the Trustees for the time being and their Successors for
the Purposes hereinafter mentioned.
VIII. And it is further enacted , That it shall and may be lawful Trustees to fix the
for the Trustees for the time being or the Major Part of them, and nually.
Rent of Sittings An-
they are hereby required , so soon as such Partition of the Church
shall have taken place as in the preceding Clause mentioned, to
assess and fix a Rent or Rate for each Pew or Sitting, with the
Exception of such Pews or Sittings as shall have been set apart and
reserved as aforesaid, and to make Agreements and Contracts with
any Person desirous to engage the same according to such Assess-
ment and such Rate or Rent shall be in force for One Year from
the Time of the Assessment thereof ; and at the Expiration of such
Year the Trustees for the time being shall assess and fix a fresh
Rate or Rent for the Year immediately following ; and a fresh
Assessment shall in like manner be made Annually and every Year ;
and the Trustees for the time being shall be at all Times empowered
to make Agreements and Contracts in respect of any Pew or Sitting
which shall be vacant : Provided always, that if it shall at any time Proviso.
appear to the Trustees or the Major Part of them that such Annual
Assessment will be insufficient to defray the several Charges and
Costs necessary for effecting and providing all things required by
this Ordinance, it shall and may be lawful for such Trustees, or the
Major Part of them, by Eight Days' previous Notice in Writing,
affixed in some conspicuous Place in the said Church, to call a
General Meeting, for the purpose of taking into Consideration the
expediency of amending and increasing such Assessment ; and if it
shall appear to the Majority of such Meeting, not being fewer in
G Number
26 COLONIAL ORDINANCES.
Number than Twenty, that such Assessment will not be sufficient to
provide for all such necessary Costs and Charges, it shall and may
be lawful for the said Majority to substitute such higher Assessment,
as by them shall be deemed sufficient, to meet such Costs and
Charges, and such higher Rate shall thereupon become due and
payable, and shall continue to be charged and collected for the same
period that the Rate for which it is so substituted would otherwise
have been in force.
Subscribers of Ten
Pounds to have Pri- IX. And it is further enacted, That every Subscriber towards
ority of Choice of Sit- the Building of the said Church to the Amount of not less than Ten
tings.
Pounds Sterling shall have a Right in the first instance to become a
Renter of a Pew or Sitting in Preference to any other Person who
shall not have so subscribed ; and such Subscribers shall amongst
themselves have Priority in the Choice of Pews or Sittings not ex-
ceeding Six Sittings, according to the Amount of their Subscriptions-
the Subscriber to the larger Amount to have the Prior Choice, and the
Choice of Subscribers to an equal Amount to the determined by Lot.
Party having engag-
ed a Sitting, not to be X. And be it further enacted, That any Person having engaged
disturbed. any Pew or Sittings, and continuing to pay Rent for the same
according to the Rate fixed, and also conducting himself or herself
in the said Church so as not wilfully or maliciously to disturb the
Performance of Public Worship, or to molest any part of the Con-
gregation attending the same, shall not be, under any Pretence
whatever, removed or ejected without his or her own Consent, from
the Occupation of such Pew or Sittings at all Times when the said
Church shall be open for the Performance of Public Worship, the
Ministration of any Sacrament, or other Rite or Ceremony, according
Proviso. to the use of the United Church of England and Ireland : Provided
nevertheless, that if any Person having engaged any Pew or Sittings
in the said Church under Agreement to pay for the same according
to the Rate or Rent assessed thereupon, shall suffer such Rent to
fall into Arrear, and to continue unpaid for Three Months after the
same shall have been demanded by the Trustees or by any Person
empowered by them, or the Major Part of them ; or if any Person
having engaged as aforesaid any Pew or Sitting, shall refuse to pay
for the same such increased Rate or Rent as the Trustees, according
to the Provisions hereinbefore described , shall have assessed and
affixed ; or if any Person engaging and occupying any such Pew or
Sittings, and continuing to pay the Rent assessed upon the same,
shall, by any unsuitable Noise, Gesture, or Deportment wilfully and
Person disturbing irreverently interrupt the Celebration of Public Worship, or shall
the Congregation to be
or designedly and habitually disturb any part of the Congregation
Sittings. within the said Church, in all such cases it shall and may be
lawful for the Trustees to issue a Monition to every such Defaulter
or Offender, and in case such Defaulter or Offender shall not forth-
with pay all such Arrears, or shall not amend and desist from the
Practice so complained of, it shall be lawful for the said Trustees to
convene a General Meeting, to whom it shall be competent to autho-
rize the said Trustees to declare such Pew or Sittings occupied by
the Party complained of to be Vacant.
Trustees authorized XI. And it is further enacted, That it shall and may be lawful
to permit the Erection
of Monuments with the for the Major Part of the Trustees, with the previous Consent of the
previous Consent ofthe Governor,
Governor.
10° VICTORIE.- No. 2 of 1847. 27
Governor, and with his Approval of any proposed Epitaph or
Inscription, to permit any Monuments to be erected or placed
in such Parts of the said Church as they may deem convenient,
upon Payment to the said Trustees for the Use of the said
Church for such Permission by the Person or Persons desiring to
erect or place any Monument in the said Church, of such Charges
as are contained and set forth in the Schedule hereunto annexed ;
and it shall be lawful for any Person or Persons erecting or
placing any Monument in the said Church, by and with such
Permission as aforesaid, to have and maintain and keep up such
Monument according to the Terms of such Permission, to and for
the sole and separate Use of the said Person or Persons, and his
or their Heirs for ever.
Bodies not to be
XII. Provided always, and it is further enacted, That it shall buried within or near
not be lawful to bury any Body within the said Church or within the Church.
the enclosed Ground about the same.
XIII. And it is further enacted, That it shall be lawful for the Trustees to collect
all Dues to the Church
Trustees for the time being, or the Major Part of them, and they are and to appropriate
hereby required to collect and gather. or cause to be collected or them in Payment of
gathered, all Sums of Money which shall be due for Pews or Sittings Salaries, Repairs, &c.
in the said Church, and all Subscriptions and Donations thereunto,
and all Rents and Revenues that may at any time arise out of any
Land or Hereditaments belonging to the said Church, and all Fees
or Payments for Monuments or Vaults, and to apply for the said
Sums, and to sue for the recovery of the same from all Persons who
shall fail or refuse to pay the same ; and the said Trustees shall,
out of the said Sums so received or recovered, regularly pay the
Salaries allotted to all Lay Persons holding any Office in or about
the said Church, according to such Rates and at such Periods as
shall be determined upon by the Majority of the said Trustees, and
shall apply the Surplus in such Repairs and such Improvements of
the said Church and Premises as shall to them appear most expe-
dient.
XIV. And it is further enacted, That it shall be lawful for the Actions tobe brought
tees.and against Trus-
Trustees for the time being, or the Major Part of them, to make, or by
enter into, perform, and execute, and compel the Performance and
Execution of all such Contracts and Agreements, Matters and Things,
and to commence and maintain all such Suits and Actions as they
shall deem necessary to the Performance of the Trust reposed in
them ; and all such Contracts and Agreements shall and may be
entered into and enforced, and all such Suits and Actions be brought
by them, in the Name of " the Trustees of the Church at Victoria,
or the Trustees of St John's Church at Victoria, " as the Case may
require, without specifying the Christian or Sur-Names of the Trus-
tees, and no Action shall abate by reason of the Death or Removal
or going out of Office of any Trustee ; and all Suits or Actions, the
Cause of which shall arise or accrue to any Person whatsoever, from
or by reason of any Contract or Agreement, or any other Matter or
Thing, made or entered into , done or performed by the said Trus-
tees in the Execution of the said Trust, shall be brought by such
Person against the said Trustees, under the Name and Title afore-
said.
XV.
28 COLONIAL ORDINANCES .
Auditors to be elect- XV. And it is further enacted, That one Person not being a
ed Annually.
Trustee shall be elected at a General Meeting to be called by the
Trustees immediately after the Completion of the Building of the
said Church, to be an Auditor of the Accounts rendered by the
Trustees of the said Building, and One other Person not being a
Trustee shall be nominated by the Governor to be an Auditor for
the same purpose ; and One Person shall thereafter be elected at a
General Meeting on the last Thursday in every Month of April to be
an Auditor of the Yearly Accounts of the said Trustees, and One
other Person not being a Trustee shall be thereupon nominated by
the Governor to be an Auditor for the same Purpose and during the
same Period.
Trustees to keep XVI. And it is further enacted, That the Trustees shall keep
Annual Accounts, and
to submit them with an Account, wherein they shall enter all Money received and paid
Auditor's at a by them, under and by virtue of the Provisions of this Ordinance,
Reportevery
General Meeting
Year. which Account the Auditors, or either of them, may inspect at all
reasonable times ; and the said Account, together with any Report
of the Auditors or either of them thereon, shall be laid before the
General Annual Meetings, to be held on the last Thursday in every
Month of April ; and the said Accounts shall be thereupon published
in the Official Gazette .
Trustees to call a XVII. And it is further enacted, That it shall be lawful for the
General Meeting
a upon Trustees for the time being or the Major Part of them, and they are
signed byorTwenty
scribers Sub-
Renters of hereby required to call a General Meeting of the Subscribers or
Sittings. Renters of Sittings, as the case may be, within Twelve Days after
receiving any Requisition in Writing to that Effect signed by not
less than Twenty of such Subscribers or Renters ; and Ten Days'
Notice of the Time and Place of holding such General Meeting shall
be affixed in some conspicuous Part of the said Church when com-
pleted, or until its completion in some conspicuous Place or Places
within the Town of Victoria.
Who to vote at Gen- XVIII. And it is further enacted , That the Right of Voting at
eral Meetings .
every General Meeting until the said Church shall have been re-
ported by the proper Authority to be completed and fit for use,
shall be vested in Subscribers who have paid up their Subscriptions
previous to the Date of the Notice to convene such General Meet-
ing, and that, from and after such time as the said Church shall
have been so reported to be completed and fit for use, the Right of
Voting shall be vested in Renters of Sittings in the said Church
Proviso. who shall have duly paid up their Rent : Provided always, that no
such Subscriber or Renter of Sittings shall on any Occasion be
allowed to give more than One Vote.
No Person to read XIX. And it is further enacted, That no Person shall be suffered
Prayers or Preach ex-
cept Colonial Chaplain to sing or say the Common or open Prayer, or to administer the
or Clergyman
ing for Officiat- Sacraments, or to preach any Sermon in the said Church, except
the Colonial Chaplain duly appointed to the said Church, or some
Clergyman duly authorized to officiate for him.
Penalty for disturb- XX. And it is further enacted, That every Person who shall
ing Congregation .
wilfully and maliciously, either within or from without the said
Churchi, disturb the Performance of Public Worship therein, or in
any
10° VICTORIÆ.-No . 2 of 1847. 29
any way during such time molest any of the Congregation, shall be
guilty of a Misdemeanour, and be liable on Conviction before the
Chief Magistrate of Police, or any Magistrate of Police, to a Fine not
exceeding One Hundred Dollars, and in Default of Payment to
Imprisonment with or without Hard Labour for any Period not
exceeding Three Months.
JOHN FRANCIS DAVIS,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 11th Day of March, 1847.
L. D'ALMADA E CASTRO,
Clerk of Councils.
SCHEDULE .
Erecting a Tablet or Cenotaph in the Church, not less than One Hundred Dollars
nor more than One Thousand Dollars.
H
DIEU DROIT
Annulled.
HONGKONG ,
ANNO DECIMO
VICTORIA REGINÆ.
No. 3 of 1847 .
Y His Excellency Sir JOHN FRANCIS DAVIS, Baronet, Governor
and Commander-in-Chief of the Colony of Hongkong and its
Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipo-
tentiary and Chief Superintendent of the Trade of British Subjects
in China, with the Advice of the Legislative Council of Hongkong.
Title.
An Ordinance for the Prevention of Piracy.
[25th March, 1847. ]
WHEREAS it has become necessary to adopt further Steps for Preamble.
the Prevention of Piracies ; and whereas His Excellency the Chinese
Imperial Commissioner has disavowed the Right of Private Vessels
belonging to the People of his Nation to carry Fire-arms, and at the
same time assented to any necessary Measures on the Part of the
Government of Hongkong for putting down Piracy :
I. Be it therefore enacted and ordained, That from and after Authority to search
Chinese Vessels or
the passing of this Ordinance the Captain or Officers of every British Junks.
Ship of War or other Vessel duly authorized by the Government of
this Colony, or every Magistrate or Officer of Police, Harbour-Master
or Officer of the Harbour-Master's Department, are hereby autho-
rized to board and enter every Chinese Vessel or Junk reasonably
suspected of being a Piratical Vessel, and search the same.
II. And be it further enacted and ordained, That the Possession, Chinese Vessels hav-
by any Chinese Vessel whatever, (not being a Government Vessel) ing on board Fire-pots
or Stink-pots, to be
of the offensive Weapons called Fire-pots or Stink-pots, shall be held sels.
deemed Piratical Ves-
and deemed to be Proof of a Piratical Vessel.
III. And be it further enacted and ordained , That the Possession Chinese Vessels car-
by any Chinese Vessel whatever (not being a Government Vessel) of tying offensive
or Weapons Arms
liable to
any Offensive Arms or Weapons, shall be held and deemed to be forfeiture.
Proof of a Piratical Vessel, and such Vessel with its Contents shall
be
32 COLONIAL ORDINANCES.
Proviso. be forfeited ; unless it shall appear that such Chinese Vessel was
duly licensed to carry such Arms or Weapons as hereinafter men-
tioned.
Trading Junks, Lor- IV. And be it further enacted and ordained, That all trading
chas, large Fast-boats,
&c., duly registered, Junks, Lorchas , large Fast-boats, and other Vessels belonging to
to carry a Flag. Hongkong, being duly registered and licensed by the Registrar- Gene-
ral, under and by virtue of the Provisions of Ordinance No. 7 of
1846, intituled An Ordinance to repeal Ordinance No. 18 of 1844,
and to establish a more effectual Registry of the Chinese Inhabitants,
and a Census of the Population of the Island of Hongkong, shall
and may carry the same Flag as other British Merchant Vessels,
with the Numbers of their Register inscribed in large White Figures
in the Centre of the said Flag, so as to be distinguishable at a
Registrar - General Distance ; and the Registrar- General is hereby authorized to grant
authorized
such Flag. to grant such Flag as aforesaid ; and every trading Junk, Lorcha, Large
Trading Junks, Lor- Fast-boat, or other Vessel belonging as aforesaid, which shall use
chas,
&c. , not duly registerthe aforesaid Flag without being duly registered and licensed as
ed, carrying the Flag, aforesaid, shall be forfeited, and the Owner or Master of such
to be forfeited.
Penalty on the Mas- trading Junk, Lorcha, or large Fast-boat, or other Vessel, shall in
ter for using the Flag addition pay a Fine not exceeding Fifty Dollars.
without License.
Trading Junks, Lor- V. And be it further enacted and ordained, That all trading
chas, large Fast-boats,
& c., having other Junks, Lorchas, large Fast-boats, and other Vessels belonging to
Arms on board than Hongkong not duly registered and licensed to carry Arms, and all
those their
Registers, to be deem- trading Junks, Lorchas, large Fast-boats, and other Vessels duly
ed the Property of registered and licensed as before mentioned, having on board other
Pirates, and liable to Arms or a larger Quantity of Arms than are specified in their
forfeiture.
Register, shall be held and deemed to be the Property of Pirates,
and as such liable to Forfeiture by process in the Court of Vice-
Masters or Owners Admiralty ; and the Master or Owner of every trading Junk, Lorcha,
of Vessels to have the large Fast-boat, or other Vessel already registered and licensed as
Number, Quality & c.,
of Arms' on board, in- aforesaid (or hereafter to be registered and licensed ) is hereby re-
ters. in their Regis-
serted quired to cause the Number, Quality, and Description of the Arms
on board of such trading Junk, Lorcha, large Fast-boat, or other
Vessel, to be inserted in or endorsed on the Registrar of the said
Vessel ; and every such Master or Owner is hereby required to
produce such Register to the Registrar- General (who shall make
Penalty. such Insertion or Endorsement as aforesaid) under a Penalty not
exceeding Fifty Dollars.
Masters orComman- VI. And be it further enacted and ordained , That the Master
ders of
&c. ,to shew their Flag, or Commander of all trading Junks, Lorchas, large Fast-boats, and
other Vessels duly registered and licensed as before mentioned, and
trading or plying between Hongkong and any Part of the Dominions
of the Emperor of China, shall, whenever they shall come in Sight
of any European Ship or other Vessel, hoist their Flag in some
Penalty. conspicuous Part of their said Vessel, under a Penalty not exceeding
Fifty Dollars ; and the Master and Officers of every British or other
Vessel who shall meet or fall in with any trading Junk, Lorcha
large Fast-boat, or other Vessel bearing or carrying the Flag afore-
said, is or are hereby required to note the Number of the said Flag
in their Log Book, and also the Time and Place when and where
such Meeting shall occur, and to report the same to the Harbour-
Master or Consul at the Port of their Destination .
VII.
10° VICTORIE.- No. 3 of 1847. 33
VII. And be it further enacted and ordained, That the Penalties Penalty how to be
recovered.
mentioned in the Three preceding Sections of this Ordinance shall
be recoverable in the same manner as Penalties are made recoverable
by Ordinance No. 10 of 1844, entitled An Ordinance to regulate
Summary Proceedings before Justices of the Peace, and to protect
Justices in the Execution of their Duty.
JOHN FRANCIS DAVIS ,
Governor, &c. &c.
Passed the Legislative Council of Hongkong,
this 25th Day of March, 1847 .
L. D'ALMADA E CASTRO,
Clerk of Councils.
!
Stanford University Library
Stanford, California
کھ
In order that others may use this book,
please return it as soon as possible, but
not later than the date due.