The Ordinances of the Legislative Council of the Colony of Hongkong 1890 - Volume 1





THE

C

ORDINANCES

OF THE

• LEGISLATIVE COUNCIL OF THE COLONY

OF

HONGKONG ,

COMMENCING WITH THE YEAR 1844 .

VOL. I.

CONTAINING ORDINANCES No. 1 OF 1844 To No. 13 OF 1864, TOGETHER WITH REGULATIONS,

RULES AND ORDERS IN FORCE ON THE 31ST OCTOBER, 1890 .

COMPILED FOR THE GOVERNMENT OF HONGKONG,

BY

A. J. LEACH ,

Of Lincoln's Inn, Barrister-at-Law,

UNDER THE GENERAL SUPERVISION OF THE LAW REVISION COMMISSION.

DIEUR DRO

0

By Authority.

HONGKONG :

PRINTED BY NORONHA & Co., GOVERNMENT PRINTERS.

1890 .

K

H

2

3

1

7

8

8

 

Rec . Sept. 30,1905

: .

VOL. I.

ADDENDA .

At page 32 - Note that Ordinance No. 10 of 1844 is repealed by Ordinance No. 10

of 1890, as from the 1st January, 1891 , subject to Her Majesty's right of disallowance.

At page 169 - Note that section 36 of Ordinance No. 14 of 1845 is repealed by

Ordinance No. 10 of 1890 as above.

At page 248 -Note that Ordinance No. 5 of 1850 is repealed by Ordinance No. 10

of 1890 as above.

At page 451 - Note that section 22 of Ordinance No. 3 of 1860 is repealed by

Ordinance No. 10 of 1890 as above.

At page 477- Note that Ordinance No. 13 of 1860 is repealed by Ordinance No.

29 of 1890, as from 1st January, 1891 .

At page 572 - Note in reference to the foot-note at the end of Ordinance No. 8 of

1863, that by Government Notification No. 478, Gazette 15th November, 1890, it has

been signified that it is not Her Majesty's pleasure to disallow the Ordinance.

-

NOTE. No notification has been published in the Gazette in reference to H. M.'s

pleasure with regard to Ordinance No. 10 of 1890.

CORRIGENDA .

At page 220, in section 19 of Ordinance No. 2 of 1847, for the word " amended "

in foot- note substitute " repealed."

At page 293, in the foot-note to Ordinance No. 1 of 1855 , for " revive " substitute

"revived ."

31st December, 1890.

1

1

9

INTRODUCTION .

The object of this work is to supply the long felt want of an Edition of

the Ordinances accessible to the legal professions and the public generally.

The Edition which will comprise 4 or 5 volumes and will probably be

Q.

carried down to the end of 1890 will contain :

1. All Ordinances of the Colony whether in force or not.

2. All regulations , rules and orders in force printed at foot of the

Ordinances to which they relate and references to regulations,

&c. no longer in force.

3. Proclamations in reference to Ordinances of sufficient import

ance printed in full and statements of the effect and date of

proclamations, bringing into force, disallowing or suspending

Ordinances - But proclamations merely signifying H. M.'s

confirmation of Ordinances, where the Ordinance has no

suspending clause are not referred to.

Each volume will also contain :

( i ) A chronological table of the Ordinances in that volume

showing in columns the number, year and title of the Ordi

nances and how each has been dealt with.

(ii) An alphabetical table of the Ordinances, being an index to

the titles of the Ordinances.

Repealed Ordinances, or sections of Ordinances are indicated by small

type in contra-distinction to the larger type of Ordinances in force .

Repeals of portions of sections are indicated in italics.

Amendments are dealt with as follows :

Where the amendment consists in the substitution of words, the

original words are printed in italics and if the substituted

words consist of only two or three words they are also

inserted in brackets ( in italics ) immediately after the original

words ; where they consist of more words the reference to

the amending Ordinance is only given.

Where the amendment is general the reference is usually at foot

of the section .

In all cases of repeals and amendments references are given to the

repealing Ordinance at the foot of the Ordinance or sections or in their

appropriate place in the body of the section.

In some instances marginal references to the English Acts from which

the Ordinances have been taken have been added , in other cases and

especially in more recent Ordinances these references form part of the

original marginal notes to the sections .

Obvious errors in print have been noticed marginally and occasionally

explanatory foot notes have been added which of course are not authoritative.

Where Ordinances have been affected by legislation or regulations,

& c. made under Ordinances too late to be inserted in the text of a volume

but prior to binding up they will be referred to or inserted in the addenda.

ANDREW J. LEACH.

Hongkong, December , 1890 .

3 .

CHRONOLOGICAL TABLE OF THE ORDINANCES

IN

Volume I ( pp. 1 to 678 )

showing how the Ordinances have been dealt with.

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH. Сом

YEAR. MENCE

MENT.

No. 1 of 1844, An Ordinance to define the law relating to Disallowed ; C.O.D. No. 1

slavery in Hongkong, 26, 12th August, 1844, J

No. 2 of 1844, An Ordinance to regulate the printing of

books and papers, and the keeping of Rep. by Ord. No. 6 of 1886, .. 3

printing presses within the Colony & c.,

No. 3 of 1844, An Ordinance to provide for the registration

of deeds wills judgments and conveyances 5

affecting real or immovable property & c.,

No. 4 of 1844, An Ordinance to restrain masters of merchant

vessels belonging to Her Majesty's sub

Disallowed ; C.O.D., No. Į 11

jects from leaving seamen and others in

a destitute state in the Colony of Hong 41 , 29th April , 1846, .. (

kong, &c. , ....

No. 5 of 1844, An Ordinance for the preservation of good or 14

der and cleanliness within the Colony & c., Rep. by Ord. No. 14 of 1845 , ..

No. 6 of 1844, An Ordinance to authorize His Excellency

the Governor of Hongkong to refer all Disallowed ; C. O.D. , No. Į 16

26 , 18th August, 1844 , f

civil actions or suits to arbitration, ..

No. 7 of 1844, An Ordinance for removing doubts respecting

the application to Hongkong, ofthe laws

Rep. by Ord. No. 7 of 1886, 17

and statutes of England relating to

usury, &c., ...

Sec. 7 rep. (in part) by

No. 8 of 1844, An Ordinance for prohibiting the distillation Ord. No. 9 of 1864. All

18

of spirits within the Colony &c ., ... rep. by Ord . No. 21 of

1886,

( Secs. 7 & 8 amended by

Ord. No. 1 of 1846.

No. 9 of 1844, An Ordinance to restrain all persons within Suspended until amend

the Colony of Hongkong from trading in ment by C.O.D. , No. 58 , 20

the Empire of China to the northward 20th Nov. , 1844. Rep.

of the 32d degree of north latitude, ………

. by H. M.'s Order in

Council (China) 3rd

March, 1859 , ....

Sec. 25 rep. by Ord. No. 16

No. 10 of 1844, An Ordinance to regulate summary proceed of 1875 ,

ings before Justices of the Peace, and to All rep. by Ord. No. 10 of 22

protect Justices in ae execution of their 1890 as from 1st Jan.,

office, 1891 , subject to H. M.'s

right of disallowance, ..

VI CHRONOLOGICAL TABLE OF THE ORDINANCES.

PAGE

NUMBER OF "

AND TITLE. HOW DEALT WITH. Сом

YEAR. MENCE

MENT.

Title amended by Ord. ]

No. 7 of 1858.

Sec. 1 amended by Ord .

No. 4 of 1853 .

Sec. 2 amended by Ord .

No. 10 of 1868 .

Sec. 7 amended by Ords.

No. 4 of 1845, No. 7 of

1858 and No. 10 of 1868.

Sec. 8 amended by Ord .

No. 7 of 1858.

No. 11 of 1844, An Ordinance for licensing Public Houses, Five Secs. added by Ord.

and for regulating the retail of fermented, No. 7 of 1858 and num 33

and spiritucus liquors in the Colony & c., bered 26 to 30.

Sec. 32 (37) rep. (in part)

by Ord. No. 7 of 1858.

Sec. 33 rep. by Ord. No.

7 of 1858 .

New secs. 38 to 40 added

by Ord. No. 7 of 1858.

All rep. by Ord . No. 21

of 1886, except secs . 38

and 39. Secs. 38 and 39

rep. by Ord . No. 21 of

1887,

No. 12 of 1844, An Ordinance for the establishment and Rep. (in part) by Ord. No.

regulation of a Police Force in the 6 of 1857. All rep. by 45

Colony & c., ... O.d. No. 9 of 1862, ..

No. 13 of 1844, An Ordinance for the appointment and

regulation of Native Chinese Peace Rep. by Ord . No. 6 of 1857... 50 .

Officers & c.,

No. 14 of 1844, An Ordinance for the suppression of Public 52

Gaming in the Colony &c., ... Rep . by Ord . No. 9 of 1876 ..

Disallowed in C.O.D. No.

No. 15 of 1844, An Ordinance to establish a Supreme Court | 96, 24th March , 1845 . 53

of Judicature at Hongkong, Rep. by Ord. No. 6 of

1845

No. 16 of 1844, An Ordinance for establishing a Registry of

the Inhabitants of the Island of Hong Rep. by Ord. No. 18 of 1844 .. 95

kong and its Dependencies, ....

No. 17 of 1844, An Ordinance for the better securing the

Peace and Quiet of the Inhabitants of 98

the Town of Victoria and its vicinity

during the night-time,

No. 18 of 1844, An Ordinance to repeal Ordinance No. 16 of

1844, and to establish a Registry and Cen Rep. by Ord. No. 7 of 1846 .. 100

sus of the Inhabitants of the Island & c .,

No. 19 of 1844, An Ordinance for the better regulation of the

Harbour and surrounding Waters of the Rep. by Ord. No. 11 of 1845 .. 104

Island & c . ,

*

: .

CHRONOLOGICAL TABLE OF THE ORDINANCES. VII

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH. Сом

YEAR. MENCE

MENT.

No. 20 of 1844, An Ordinance to empower the Governor of

Hongkong with the advice of the Ex

ecutive Council there of in cases of exigen Disallowance proclaimed } 105

cy, to place any Districts or Public or 19th Aug., 1845 ...

Military Stations of the said Island

under Martial Law, ...

No. 21 of 1844 , An Ordinance for licensing the Sale of Salt

Opium &c. within the Colony of Hong 106

Rep. by Ord. No. 5 of 1845 ..

kong and for the licensing of Pawnbrokers

and Auctioneers & c . , .....

No. 22 of 1844, An Ordinance for establishing Standard

Weights and Measures, and for preventing Rep. by Ord. No. 8 of 1885 .. 108

the Use of such as are False and Deficient,

No. 1 of 1845, An Ordinance for the suppression of the Triad Rep. (in part) by Ord.

and other secret Societies within the No. 12 of 1845. Rep. 113

Island of Hongkong and its Dependencies , by Ord. No. 8 of 1887.

No. 2 of 1845, An Ordinance to raise an assessed Rate on

Lands, Houses, and Premises, within the

Rep. by Ord. No. 5 of 1863 .. 113

Colony of Hongkong for the Upholding

of the requisite Police Force therein, ..

No. 3 of 1845 , An Ordinance for Licensing the Retail of

Tobacco and Snuff, within the Colony of Rep. by Ord. No. 2 of 1858 .. 116

Hongkong, and the waters thereof, ....

No. 4 of 1845 , An Ordinance to amend Ordinance No. 11

of 1844, entitled " An Ordinance for

Licensing Public Houses, and for Re Rep. by Ord. No. 7 of 1858 .. 117

gulating the Retail of Fermented and

Spirituous Liquors & c ., " .....

So much as relates to

No. 5 of 1845, An Ordinance to repeal Ordinance No. 21 of )

smoking divans, opium,

1844, and to make better Provision for

&c., rep. by Ord. No. 2

licensing the Weighing and Brokerage of 1858.

of Salt, and the sale of Opium, & c. within 117

The whole Ord . rep. by

the Colony of Hongkong, and for the Ord. No. 21 of 1887 , ex

licensing of Pawnbrokers and Auction

eers, &c . , .... cept sec. 11 , which is rep.

by Ord. No. 5 of 1889,

Sec. 10 rep. by Ord. No. 3

of 1871 .

Secs. 12 & 13 rep. by Ord.

No. 1 of 1873 .

Secs. 16 to 20 (inclusive)

No. 6 of 1845, An Ordinance to repeal Ordinance No. 15 of

rep. by Ords. No. 5 of

1844, for the Establishment of a Supreme

1858 and No. 8 of 1860. 120

Court of Judicature at Hongkong, and to

Secs. 21 & 22 rep. by Ord.

substitute other provisions in lieu thereof, ) No. 8 of 1860.

Sec. 29 rep. by Ord. No. 2

of 1846.

All rep. by Ord. No. 12 of

1873.

Sec. 2 amended by Ord.

S An Ordinance for the Regulation of Jurors No. 4 of 1849.

No. 7 of 1845, 131

and Juries, .. All rep. by Ord. No. 4 of

1851, .....

VIII CHRONOLOGICAL TABLE OF THE ORDINANCES.

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH. COM

YEAR. MENCE

MENT.

No. 8 of 1845, An Ordinance to regulate Criminal Proceed- Rep. by Ord. No. 3 of 1865 .. 136

ings,

Sec. 1 amended by Ords.

No. 3 of 1849 & No. 5

of 1854. Sec. 3 (in so

No. 9 of 1845, An Ordinance to invest the Supreme Court far as it relates to any

of Hongkong with a summary Jurisdic disputed balance of an 137

tion in certain Cases, ... unsettled acco

ecount) rep.

by Ord. No. 3 of 1849.

All rep. by Ord. No. 7 of

1862,

No. 10 of 1845, An Ordinance for the Naturalization of

Disallowance proclaimed,

Aliens within the Colony of Hongkong 146

and its Dependencies , 1st January, 1848, ....

No. 11 of 1845, An Ordinance for the further Regulation of

the Harbour of Hongkong, and to repeal Rep. by Ord. No. 1 of 1862, 147

Ordinance, No. 19 of 1844, ....

No. 12 of 1845, An Ordinance to amend Ordinance No. 1 of

1845, entitled " An Ordinance for the Secs. 2 & 3 rep. by Ord . No.

3 of 1881. All rep. by 151

Suppression of the Triad and other secret Ord. No. 8 of 1887 . . ...

Societies in the Island of Hongkong & c.,

No. 13 of 1845, An Ordinance to establish a licensed Ghaut

Serang in the Colony of Hongkong, and 152

Rep. by Ord. No. 6 of 1852 ..

for the better Regulation of Lascars re

sorting thereto,

Sec. 2 sub-s. 12 rep. (in

part) by Ord. No. 9 of

1886. Sec. 2 sub-s. 17

rep. (in part ) by Ord.

No. 8 of 1882. Sec. 3 sub

s. 8 amended by Ord. No.

No. 14 of 1845, An Ordinance to repeal Ordinance No. 5 of 9 of 1857. Sec . 3 sub- ss.

1844, entitled " An Ordinance for the 8 & 9, sec. 6 sub-ss . 2

Preservation of Good Order and Cleanli & 3, & secs. 7 & 8 rep. 153

ness within the Colony of Hongkong by Ord. No. 8 of 1879.

and its Dependencies, and to make other Sec. 11 rep. by Ord. No.

Provisions in Lieu thereof, 17 of 1887.

Secs. 17, 28, 29 & 30 rep.

by Ord. No. 3 of 1860

so far as they relate to

Pawnbrokers.

Sec. 41 rep. by Ord. No.

6 of 1862.

No. 1 of 1846, An Ordinance to amend Ordinance No. 9 of

1844, entitled " An Ordinance to restrain Rep. by effect of H. M.'s

all Persons within the Colony of Hong Order in Council(China) 172

kong from Trading in the Empire of of 3rd March, 1859 :

China to the Northward of the Thirty Gazette 9th July, 1859,

second Degree of North Latitude, ...

CHRONOLOGICAL TABLE OF THE ORDINANCES. IX

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH. COM

YEAR. MENCE

MENT.

No. 2 of 1846 , | An Ordinance to amend Ordinance No. 6 of

1845 , entitled " An Ordinance to repeal

Ordinance No. 15 of 1844, for the Estab 173

Rep. by Ord. No. 12 of 1873,

lishment of a Supreme Court of Judicature

at Hongkong, and to substitute other

Provisions in lieu thereof," ..

No. 3 of 1846, An Ordinance for the Relief of Insolvent Rep. by Ord. No. 5 of 1864, .. 174

Debtors within the Colony of Hongkong, S

No. 4 of 1846 , | An Ordinance to explain and extend the

Provisions of the Ordinance to Establish Rep. by Ord. No. 6 of 1852 , .. 205

a Licensed Ghaut Serang &c., ....

No. 5 of 1846, An Ordinance for the Substitution of No

tices and Advertisements under Ordinance

Rep. by Ord. No. 5 of 1864 , .. 206

No. 3 of 1846, entitled " An Ordinance

for the Relief of Insolvent Debtors & c.,"

No. 6 of 1846, An Ordinance for the regulation of Criminal

Proceedings in the Supreme Court of

Hongkong, during the Absence of Her Rep. by Ord . No. 3 of 1865, .. 206

Majesty's Attorney General, .....

No. 7 of 1846, An Ordinance to repeal Ordinance No. 18 of

1844, and to establish a more effectual

Rep. by Ord . No. 6 of 1857, .. 207

Registry of the Chinese Inhabitants , and a

Census ofthe Population ofthe Island & c .,

No. 1 of 1847 , An Ordinance for Licensing Markets and Rep. by Ords. No. 4 of 212

for preventing Disorders therein, 1847 and No. 2 of 1854,

Secs. 4, 5 , 7 & 14, amended

No. 2 of 1847, An Ordinance to provide for a Church in by Ord . No. 3 of 1850, 213

Victoria in the Island of Hongkong, ... *

Sec. 19 rep. by Ord. No.

3 of 1850, ...

( Disallowance proclaimed, 221

No. 3 of 1847, An Ordinance for the Prevention of Piracy, ..

1st January, 1848 , ....

No. 4 of 1847, An Ordinance to Repeal and Amend Ordinance

No. 1 of 1847 , entitled " An Ordinance for

Rep. by Ord. No. 2 of 1854, .. 222

Licensing Markets and for preventing

Disorders therein ," ...

No. 5 of 1847 , An Ordinance for regulating Juries at Coro 224

ner's Inquests, ... Rep . by Ord. No. 11 of 1864,

No. 6 of 1847, An Ordinance for extending the Summary Ju

risdiction of Police Magistrates and Jus Rep. by Ord . No. 1 of 1849, 225

tices of the Peace within the Colony & c.,

No. 1 of 1848 , An Ordinance to regulate the Manufacture

Sec. 4 rep. by Ord. No.

and Storage of a certain Description of 227

4 of 1867, ...

Gunpowder within the Colony & c., ....

No. 2 of 1848 , An Ordinance to amend Ordinance No. 13 of

1845 , entitled " An Ordinance to establish

a licensed Ghaut Serang in the Colony of Rep. by Ord. No. 6 of 1852, 230

Hongkong, and for the better Regulation

of Lascars resorting thereto,"

* In the text, p. 220, section 19 is in error stated to be " amended " instead of " repealed."

X CHRONOLOGICAL TABLE OF THE ORDINANCES.

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH. COM

YEAR. MENCE

MENT.

No. 1 of 1849, An Ordinance to repeal Ordinance No. 6 of

1847 , entitled " An Ordinance for extend

ing the Summary Jurisdiction of Police Rep. by Ord. No. 6 of 1862, 231

Magistrates and Justices of the Peace,

within the Colony of Hongkong," & c ., ..

No. 2 of 1849 , An Ordinance to amend Ordinance No. of

1846, entitled " An Ordinance for the

Rep. by Ord. No. 5 of 1864 , 235

Relief of Insolvent Debtors within the

Colony of Hongkong,"

No. 3 of 1849 , An Ordinance to amend Ordinance No. 9 of

1845 , entitled " An Ordinance to invest

Rep. by Ord. No. 7 of 1862, 236

the Supreme Court of Hongkong with a

Summary Jurisdiction in certain Cases,"

No. 4 of 1849, An Ordinance to Amend Ordinance No. 7 of

1845, entitled " An Ordinance for the Rep. by Ord. No. 4 of 1851 , 238

Regulation of Jurors and Juries,"

No. 5 of 1849, An Ordinance to Facilitate the Examination

of Witnesses in certain Cases before Rep. by Ord. No. 4 of 1887, 238

Commissioners in the Colony & c. ,

No. 1 of 1850, | An Ordinance for the better Administration

of Justice in Criminal Proceedings before

Rep. by Ord. No. 3 of 1865, 239

the sirvema Court, and for improving

the Law of Evidence, ....

No. 2 of 1850, An Ordinance to provide for the more

effective carrying out of the Treaties

between Great Britain and China in so Rep. by Ord. No. 26 of 1889 , 240

far as relates to Chinese Subjects within

the Colony & c.,

No. 3 of 1850, An Ordinance to amend Ordinance No. 2 of

1847, entitled " An Ordinance to provide 241

for a Church in Victoria in the Island

of Hongkong," & c., ....

No. 4 of 1850, An Ordinance to prevent the Desertion of Extended by Ord . No. 6 of

Seamen belonging to Foreign Ships and 1852. Rep. by Ord. No. 243

Vessels , ·· 8 of 1879,

Rep. by Ord . No. 10 of

No. 5 of 1850, An Ordinance to regulate Proceedings before 1890 as from 1st Jan. ,

245

Justices of the Peace, 1891 , subject to H.M.'s

right of disallowance, ..

No. 1 of 1851 , An Ordinance for the Improvement of the Rep. by Ord . No. 15 of

Law of Evidence at the Trial of Criminal 1856 (disallowed) and 249

Cases before the Supreme Court, ...... by Ord. No. 7 of 1857,

No. 2 of 1851 , An Ordinance to regulate the Jurisdiction of

the Civil Courts of the Colony of Hong 249

kong in certain cases...

No. 3 of 1851 , An Ordinance to amend Ordinance No. 2 of Sec. 1 amended by Ord.

1845 , entitled "An Ordinance to raise an No. 8 of 1857. All rep. 250

assessed Rate on Lands, & c.," by Ord. No. 5 of 1863 ,

CHRONOLOGICAL TABLE OF THE ORDINANCES . XI

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . COM

YEAR. MENCE

MENT.

Sec. 5 amended by Ord .

No. 7 of 1857 .

Sec. 6 amended by Ord.

No. 4 of 1854. Revived

by Ords . No. 15 of 1856

& No. 7 of 1857.

No. 4 of 1851 , An Ordinance to repeal Ordinance No. 7 of Sec. 7 amended by Ords .

1845 , entitled " An Ordinance for the No. 4 of 1854 & No. 4

Regulation of Jurors and Juries, " and " of 1862. Revived by 251

No. 4 of 1849 passed for the Amendment Ords . No. 15 of 1856 &

thereof, and to Consolidate and Amend the No. 7 of 1857.

Enactments relating to Jurors and Juries, Sec. 11 (so much as pro

vides that special jurors

shall serve as special and

common jurors ) rep. by

Ord . No. 2 of 1860.

All rep. by Ord. No. 11 of

1864, ....

No. 1 of 1852, An Ordinance for certain Marriages in the Rep. by Ord. No. 14 of 1875, 257

Colony of Hongkong,

No. 2 of 1852 , | An Ordinance to increase in certain Cases the

Powers of Magistrates as regards Publi 263

cans, Boarding-house Keepers, and others,

& c.,

No. 3 of 1852, An Ordinance to amend the law of Evidence, .. Rep . by Ord . No. 2 of 1889, 264

No. 4 of 1852, An Ordinance to Facilitate the Administration 268

Rep. by Ord . No. 3 of 1865,

of Criminal Justice, ....

No. 5 of 1852 , An Ordinance to provide for the Issue of the

Writ of Capias ad Respondendum during 272

Rep. by Ord . No. 4 of 1887,

the Illness or temporary Absence of the

Chief Justice & c . , ....

No. 6 of 1852, An Ordinance for the Prevention of Deser

tion, and better Regulation of Merchant Rep. by Ord. No. 8 of 1879, 272

Seamen in this Colony, ....

No. 1 of 1853 , | An Ordinance for the Regulation of the Gaol & c. , Rep. by Ord . No. 4 of 1863, 276

No. 2 of 1853,| An Ordinance for the Removal of Doubts re

garding the Right of Aliens to hold and 279

Transfer Property & c., ....

No. 3 of 1853, | An Ordinance to extend the duties of Chinese

Tepos appointed under Ordinance No. 13 Rep. by Ord. No. 6 of 1857, 279

of 1844 ; & c.,

No. 4 of 1853, An Ordinance to Amend Ordinances Nos. 11

of 1844 and 5 of 1845 , and to improve

Rep. by Ord . No. 7 of 1858 : 281

the Regulations for the sale of Spirituous See also No. 2 of 1858,

Liquors by Chinese, and the Regulations

for the Retail and Preparation of Opium,

No. 1 of 1854, An Ordinance to raise an additional Police Rep. by Ord . No. 4 of 1887, 284

Rate, .... }

No. 2 of 1854, The Market Ordinance, ....

.. Rep. by Ord . No. 9 of 1958, 285

XII CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH, COM

YEAR . MENCE

MENT.

The nine Acts mentioned

in the schedule so far as

they extend to the Colo

No. 3 of 1854, An Ordinance to declare certain Acts of

ny are repealed by the

the Imperial Parliament to be in force 287

following Ords. No. 4

in this Colony , ..

of 1887, No. 2 of 1889,

No. 5 of 1887 , No. 11

of 1865, No. 28 of 1886 ,.

Rep. by Ord. No. 15 of

No. 4 of 1854, An Ordinance for reducing the Number of 288

1856 (disallowed ) and

Jurymen from Eighteen to Ten, .... Ord. No. 7 of 1857 , ..

No. 5 of 1854, An Ordinance to amend and extend Ordi

nance No. 9 of 1845, entitled " An Ordi

nance to invest the Supreme Court of Rep. by Ord. No. 7 of 1862, 288

Hongkong with a Summary Jurisdiction

in certain cases,"

Not disallowed C.O.D. No. ´

3, 2nd April, 1855.

An Ordinance to provide for the disposal of

No. 6 of 1854, Rep. by Ord. No. 5 of

unclaimed Balances of the Estates of

Persons dying Intestate within the 1855 Revived by Ord. 290

No. 1 of 1857 except s.

Colony &c.,...

5. All rep. again by Ord.

No. 7 of 1885 , ..

Continued in force by Ord.

No. 1 of 1856 till 1st

Jan., 1857. Secs. 3 to 8

No. 1 of 1855, An Ordinance to enforce neutrality during (inclusive) revived and 291

the contest now existing in China, made perpetual by Ord.

No. 9 of 1857.

All rep. by Ords. No. 8 of

1882 and No. 4 of 1887, J

No. 2 of 1855, An Ordinance to provide for and regulate

process in actions at law against persons Rep. by Ord. No. 4 of 1887, 293

absent from the Colony,

No. 3 of 1855 , An Ordinance to remove Doubts as to the Le

gality of the Jury List to be in force from Rep. by Ord. No. 11 of 1864, 302

the First Day of March, 1855 , & c., ....

No. 4 of 1855 , An Ordinance to establish a proper system Rep . by Ord . No. 8 of 1879 , 303

of registration for ....

No. 5 of 1855, An Ordinance to repeal Ordinance No. 6 of

1854, entitled " An Ordinance to provide

for the Disposal of unclaimed Balances of 306

Rep. by Ord. No. 1 of 1857,

the Estates of Persons dying Intestate

within the Colony of Hongkong," and to

substitute other Provisions in lieu thereof,

( Secs. 18 to 26 (inclusive)

and sec . 77 rep. by

Ord . No. 2 of 1889.

No. 6 of 1855, An Ordinance for the Amendment of the Secs. 21 to 30 (inclusive) 307

Civil Administration of Justice, and secs. 42 , 43 and 92

extended to Criminal

cases by Ord. No. 5 of

1856,

CHRONOLOGICAL TABLE OF THE ORDINANCES . XIII

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH. Сом

YEAR. MENCE

MENT.

No. 1 of 1856, An Ordinance to continue in operation

Ordinance No. 1 of 1855, "to enforce

Rep. by Ord. No. 4 of 1887, .. 329

Neutrality during the contest now exist

ing in China,”.

No. 2 of 1856 , | An Ordinance to amend the Law relating to 330

Bills of Lading, Rep. by Ord. No. 29 of 1886,

So much as relates

(a) to 11 and 12 V. c. 46

No. 3 of 1856, An Ordinance to declare certain Acts of the

ss. 1 , 2 and 3 rep . by

Imperial Parliament to be in force in the 331

Ord. No. 11 of 1865 ;

Colony &c .,....

(b) to 6 and 7 V. c. 83 rep.

by Ord. No. 17 of 1888, ...

No. 4 of 1856, An Ordinance relating to1 Wills made by 331

Chinese People, !!}

( Sec. 1 rep. by Ord. No. 31

of 1865.

Sec. 2 (so much as relates

to 17 and 18 V. c . 36

and to 18 and 19 V. C.

67) rep. respectively by

Ords. Nos. 10 and 12

of 1864.

Secs. 4 and 10 and so much

No. 5 of 1856, | An Ordinance for the Amendment of Pro as relates to 16 and 17 332

cedure in Civil and Criminal Cases, ...

V. c. 83 rep. by Ord . No.

2 of 1889.

So much as relates to sec.

1 of 16 and 17 V. c . 30

rep. by Ord . No. 11 of

1865 .

So much as relates to 17

and 18 V. c . 90 rep. by

Ord. No. 7 of 1886 , ..

No. 6 of 1856, An Ordinance to extend the Criminal Pro- Rep. by Ord . No. 3 of 1865 , .. 336

cedure Ordinance, No. 4 of 1852 , .....

( Sec. 1 (so much as relates

to 10 and 11 V. c. 96

and to the General Or

ders of the High Court

of Chancery of the 10th

June, 1848 ) rep . by Ord.

No. 7 of 1873 .

Sec. 5 amended by Ord.

No. 7 of 1856 , An Ordinance to extend to this Colony certain No. 4 of 1857.

Enactments and General Orders for

So much as relates to 10 338

reforming Procedure in the High Court and 11 V. c. 96 and

of Chancery and the Offices thereof, orders made thereunder

rep. by Ord. No. 7 of

1873.

So much as relates to 8 and

9 V. c. 16 ; 15 and 16

V. c. 48 ; 17 and 18 V.

c. 25 rep. by Ord . No. 4

of 1887 ,

C

XIV CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH. COM

YEAR . MENCE

MENT.

No. 8 of 1856, An Ordinance for Buildings and Nuisances, .. Rep. by Ord. No. 15 of 1889, 344

Confirmation proclaimed,

3rd Nov., 1856.

No. 9 of 1856, An Ordinance to explain certain Enactments 348

Sec. 3 rep. by Ord. No. 5

relating to Shipping, of 1874. All rep. by

Ord. No. 8 of 1879, ...

No. 10 of 1856, An Ordinance for Lis Pendens and Purchasers, 349

No. 11 of 1856, An Ordinance for lighting the City of Vic Sec. 1 rep. by Ord. No. 5 Į 350

toria, of 1863 ,

Secs . 2, 3, 4, 5 , 12, & 13

No. 12 of 1856, An Ordinance to regulate Chinese Burials, rep. by Ord. No. 24 of

and to prevent certain Nuisances, within 352

1887. Sec . 7 rep. by Ord.

the Colony & c ., ... No. 3 of 1881 .

No. 13 of 1856, An Ordinance for the Admission of Candi

dates to the Rolls of Practitioners in the All rep. by Ord . No. 3 of

1871 except secs. 11 and 356

Supreme Court, and for the Taxation of

12, ..

Costs, ...

[ Sec. 2 amended by Ord . )

No. 7 of 1857 , rep. ( in

part) by Ord . No. 4 of

1857.

Sec . 4 rep. (in part) by 359

No. 14 of 1856, An Ordinance for Fees and Costs,

Ord . No. 4 of 1857.

Secs. 5, 6 & 12 rep. by

Ord. No. 4 of 1857.

All rep. by Ord. No. 4 of

1887, ....

Disallowance proclaimed ,

No. 15 of 1856, An Ordinance for amending the Law of 364

23rd May, 1857 ; rep.

Evidence and Trial by Jury, ..

by Ord. No. 4 of 1887,

No. 1 of 1857, An Ordinance for Intestates ' Estates, ..... Rep. by Ord . No. 7 of 1885, .. 366

!

2 of 1857, An Ordinance for better securing the Peace Suspended byProclamation

No.

15th July, 1857. Rep. 366

of the Colony,

by Ord. No. 4 of 1887 ,

So much as relates to 191

and 20 V. c. 25 rep. by

Ords. No. 4 of 1860 and

No. 4 of 1887.

So much as relates to The

No. 3 of 1857, An Ordinance for extending to this Colony Mercantile Law Amend 369

certain Acts of Parliament, .....

ment Act 1856, rep. by

Ord. No. 13 of 1864.

So much as relates to 19

& 20 V. c. 113 rep. by

Ord. No. 2 of 1889, ... J

No. 4 of 1857, An Ordinance for amending the Ordinances 370

therein mentioned , ....

..

No. 5 of 1857, An Ordinance for Salvage and Prize in certain 370

cases, Rep. by Ord. No. 4 of 1861 ,

:.

CHRONOLOGICAL TABLE OF THE ORDINANCES . XV

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 6 of 1857 , An Ordinance for Registration and Regula- )

tion of the Chinese People, and for the

Population Census, and for other Pur Rep. by Ord . No. 8 of 1858 .. 371

poses of Police,

Sec. 4 rep. by Ord. No. 6

of 1854.

Sec. 5 rep. by Ord . No. 2

of 1860.

Sec. 8 rep. by Ord. No. 3

No. 7 of 1857, An Ordinance for amending the Laws relating of 1865.

to Juries and Evidence, .. 381

Sec. 9 so much as relates

to secs. 5, 6, & 7 of

Ord. No. 4 of 1851 rep.

by Ord. No. 11 of 1864.

All rep. by Ord . No. 2 of

1889,

No. 8 of 1857, An Ordinance for amending Ordinance No. Rep . by Ord . No. 5 of 1963, 393

3 of 1851 , ...

( Secs. 2, 3, 4, & 11 rep . by ]

Ord. No. 14 of 1870.

Sec. 5 amended by Ord.

No. 6 of 1858 ; Proviso

added by Ord. No. 9 of

1864. Rep. by Ord. No. |

No. 9 of 1857 , An amended Ordinance for better Securing 14 of 1870 . 384

the Peace of the Colony,

Sec. 7 rep. (in part) by |

Ord. No. 4 of 1871.

Sec. 8 rep. (in part) by

Ord . No. 5 of 1880 .

All rep. by Ord . No. 8 of

1882 , except sec . 8, ..

No. 10 of 1857, An Ordinance to amend Ordinance No. 3 of Rep . by Ord . No. 7 of 1862 , .. 386

1849,. ....

No. 11 of 1857, An Ordinance for Licensing and Regulating Rep. by Ord. No. 5 of 1874, .. 387

No. 12 of 1857 , An Ordinance for checking the spread of Rep. by Ord . No. 10 of 1867 , .. 391

Venereal Diseases,.

No. 1 of 1858, An Ordinance for Criminal Procedure, Rep. by Ord . No. 3 of 1865, .. 397

( Sec. 7 amended by Ords. ]

Nos . 7 of 1879 and 4 of

1883.

Sec. 8 rep. (in part) and

amended by Ord . No. 7

No. 2 of 1858, An Ordinance for licensing and regulating of 1879.

398

the Sale of prepared Opium, Sec. 13 amended by Ord .

No. 7 of 1879.

Sec. 14 rep. by Ord. No. 7

of 1879.

All rep. by Ord. No. 1 of

1884 ,

XVI CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE.. HOW DEALT WITH . COM

YEAR . MENCE

MENT.

Sec. 2 rep. by Ord, No. 3

of 1865 .

No. 3 of 1858, An Ordinance for the Supreme Court,.• Sec. 3 amended by Ord. 401

No. 3 of 1859.

Sec. 7 rep. by Ord. No. 11

of 1864 ,

Sec. 2 amended by Ord .

No. 8 of 1889. ( Rep.

No. 4 of 1858, An Ordinance for Summary Jurisdictions and by Ord. No. 10 of 1890 404

Appeals to the Supreme Court, as from 1st Jan. , 1891 ,

subject to H. M.'s right

of disallowance ) , ......

No. 5 of 1858 , An Ordinance for extending to this Colony

certain Imperial Enactments, and certain Rep. by Ord . No. 5 of 1860, .. 407

Rules and Orders of the Superior Courts ,

No. 6 of 1858, An Ordinance to amend Ordinance No. 9 of

Rep. by Ord . No. 9 of 1864, .. 410

1857,

No. 7 of 1858 , An Ordinance for amending Ordinance No. 11 Ord . No. 11 of 1844 is 410

of 1844, repealed , ...

Secs. 1 , 2, 3, 4, 5 , 6, 8, 9,

10, 17 and Schedule rep.

by Ord. No. 13 of 1888.

Sec. 7 rep. by Ord . No. 15

of 1888 .

Secs. 11 , 12, 13 , 14, 15, rep.

by Ord. No. 21 of 1887.

Sec. 16 rep. by Ords. No.

6 of 1866 (in part) and

No. 8 of 1879.

Sec. 19 rep. by Ord. No.

24 of 1887.

Sec. 21 rep. by Ords. No. 8

of 1876 & No. 8 of 1882.

Sec. 22 rep, by Ord . No.

22 of 1882 (in part) and

No. 8 of 1858 , An Ordinance for Regulation of the Chinese

by Ords. No. 9 of 1886, 412

People, and for the Population Census, and No. 13 of 1888.

and for other Purposes of Police, ...

Secs. 24, 25, 26 & 27 rep.

by Ord. No. 4 of 1887 .

Sec. 28 rep. (in part) by

Ord . No. 2 of 1876.

Sec. 28 sub-ss. 2, 3, 4, 5

& 8 rep. by Ord. No. 13

of 1888.

Sec. 28 sub-s . 6 rep. by

Ord . No. 24 of 1887.

Sec. 28 sub-s. 9 amended

by Ord. No. 9 of 1864,

and rep. by Ords. No. 7

of 1859, and 8 of 1876.

Sec. 28 sub-ss. 10 & 11 rep. も

by Ord. No. 4 of 1887.

Schedule rep. by Ord . No.

13 of 1888.

CHRONOLOGICAL TABLE OF THE ORDINANCES. XVII

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . COM

YEAR. MENCE

MENT.

Secs. 6, 11 , 13 , and 15

amended by Ord. No. 5

of 1867.

No. 9 of 1858, The Markets' Ordinance, 1858 , Secs . 12 , and 20 rep. by 420

Ord . No 5 of 1867.

All rep. by Ord . No. 17

of 1887,

Sec. 4 rep. by Ord No. 2

of 1859.

No. 10 of 1858, An Ordinance for Penal Servitude, .... 425

All rep. by Ord. No. 10 of

1887, ....

No. 11 of 1858, An Ordinance for the prevention of Offences Rep . by Ord. No. 3 of 1860, .. 427

touching Securities, Sales, and Deposits, f

No. 12 of 1858 , An Ordinance for Practitioners in Law, .. Rep. by Ord. No. 13 of 1862 , .. 433

No. 13 of 1858 , An Ordinance for the continuance of the Confirmation never pro

heretofore existing Regulations respect claimed ( Sec. 6) . 435

ing Chinese Passenger Ships ; & c., Rep. by Ord. No. 4 of 1887,

No. 14 of 1858 , An Ordinance to authorize the application

of a sum not exceeding Twenty-five

Thousand Pounds, to defray the Supple Rep. by Ord. No. 4 of 1887, .. 436

mentary contingent Charges of the Year

1858,

No. 15 of 1858, An Ordinance to apply a sum not exceeding

Seventy-six Thousand Pounds to the Rep. by Ord. No. 4 of 1887 , .. 439

Public Service of the Year 1859, ....

No. 1 of 1859, An Ordinance to amend Ordinance No. 8 of

Rep. by Ord. No. 7 of 1859, .. 441

1858, ..

No. 2 of 1859, An Ordinance to amend Ordinance No. 10 of

Rep. by Ord. No. 4 of 1887 , .. 441

1858, .....

No. 3 of 1859, | An Ordinance to amend Ordinances No. 3 & Rep. by Ords. Nos. 11 of 441

No. 12 of 1858, .... .. 1866 & 4 of 1887, ....

No. 4 of 1859, An Ordinance to apply a sum not exceeding

Ninety Thousand Pounds to the Public Rep. by Ord. No. 4 of 1887, .. 442

Service of the Year 1860, ....

No. 5 of 1859, An Ordinance to authorize the appropriation

of a Supplementary Sum not exceeding Rep. by Ord. No. 4 of 1887 , .. 443

Four Thousand Pounds, to defray the

charges of the Year 1859 , ...

No. 6 of 1859, An Ordinance for providing Hospital Acco Confirmation proclaimed ,

modation on board Chinese Passenger

21st May, 1860. 443

Ships, and for the Medical Inspection of

Rep. by Ord. No. 5 of 1874,

the Passengers & c ., ...

No. 7 of 1859, An Ordinance to amend the Provisions of

Ordinance No. 8 of 1858, respecting the Rep. by Ord. No. 9 of 1864, 445

Deportation of Mendicants,

XVIII CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . Сом

YEAR. MENCE

MENT.

Sec. 2 rep. by Ords. Nos .

No. 1 of 1860 , An Ordinance empowering His Excellency 7 and 16 of 1870 and by

the Governor to grant conditional Par No. 5 of 1871 . 446

dons in certain cases , .... All rep . by Ords . No. 8 of

1876, and No. 8 of 1882 ,

Secs. 9 3, 4 rep. Ord.

No. 2 of 1860, An Ordinance to amend the Law relating to No. 2 of 1889.

446

Jurors and Witnesses , Secs. 5 and 6 rep. by Ord.

No. 11 of 1864, ....

In reference to sec. 22 the

Court of Petty Sessions

is abolished by Ord. No.

6 of 1862. Sec . 22 rep.

by Ord. No. 10 of 1890

No. 3 of 1860, An Ordinance for amending and consolidating as from 1st Jan. , 1891 448

the law respecting Pawnbrokers, ... subject to H. M.'s right

of disallowance .

So much as is inconsistent

with Ord . No. 13 of

1867, rep. by Ord . No.

13 of 1867,

No. 4 of 1860, An Ordinance to amend the Law relating to

Cheques or Drafts on Bankers , and to Rep. by Ord. No. 11 of 1865 , 453

amend the Law of False Pretences, ....

.

No. 5 of 1860, An Ordinance for repealing Ordinance No. 5 | 453

of 1858,

No. 6 of 1860, An Ordinance for transferring to One of Her

Majesty's Principal Secretaries of State 454

the Powers and Estates vested in the

Principal Officers of the Ordnance,

No. 7 of 1860, An Ordinance to extend to this Colony certain

Rules and Orders of the Superior Courts 457

at Westminster, ...

Secs. 10 & 11 rep. by 1

Ord. No. 1 of 1861 and

new secs. substituted .

No. 8 of 1860, An Ordinance to amend the Law in relation Sec. 15 from the words

to the Grant and Revocation of Probates "and all the powers 458

of Wills and Letters of Administration given to the Courts " to

in Hongkong, ... end of sec. rep . by Ord.

No. 1 of 1861 .

Sec. 47 added by Ord . No.

20 of 1885,

No. 9 of 1860, An Ordinance to make better Provision for

the Punishment of Frauds committed by

Rep. by Ord . No. 11 of 1865, 471

Trustees, Bankers, and other Persons

intrusted with Property,

No. 10 of 1860, | An Ordinance to establish and regulate certain

Fees to be taken for duties to be per

Rep. by Ord. No. 8 of 1879 , 473

formed under the Merchant Shipping

Act, 1854,

No. 11 of 1860, An Ordinance to constitute a Marine Court 474

Rep . by Ord. No. 8 of 1879 ,

of Inquiry in Hongkong,

:: .

CHRONOLOGICAL TABLE OF THE ORDINANCES . XIX

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 12 of 1860, An Ordinance to provide a Supply of Water

for the City of Victoria, and to appropriate

Rep. by Ord. No. 12 of 1875 , .. 476

a sum not exceeding Thirty thousand

Pounds for such purpose ,

No. 13 of 1860 , An Ordinance for the Establishment of a J Sec. 1 & schedules amended ( 477

Civil List, ... by Ord. No. 5 of 1862 ,

No. 14 of 1860, An Ordinance for the Remission of Penalties, .. 480

No. 15 of 1860, An Ordinance for the Registration and Regu

lation of Boatmen and others employed 480

Rep. by Ord. No. 8 of 1879 , ..

in Licensed Cargo Boats, and for the

Survey of such Boats, ....

No. 16 of 1860, An Ordinance to amend the Law relating to Rep . by Ord. No. 6 of 1886 , .. 483

Newspapers in Hongkong, .... ...

No. 17 of 1860, An Ordinance to constitute a Board of Exa

miners for granting Certificates of Com

petency to Masters and Mates in the Rep. by Ord. No. 8 of 1879... 484

Mercantile Marine, .......

No. 18 of 1860 , An Ordinance to apply a Sum not exceeding

Sixty-six thousand one hundred Pounds Rep. by Ord. No. 4 of 1887,.. 486

to the Public Service of the Year 1861 ,

No. 19 of 1860, An Ordinance to authorize the appropriation

of a Supplementary Sum not exceeding

Rep. by Ord . No. 4 of 1887 , .. 487

Four thousand and forty-four Pounds to

defray the charges of the Year 1860, ..

No. 1 of 1861 , An Ordinance for amending Ordinance No. 488

8 of 1860, ... ...

No. 2 of 1861 , An Ordinance to apply a Sum not exceeding

Sixty-eight thousand one hundred Pounds Rep. by Ord. No. 4 of 1887 , .. 489

to the Public Service of the Year 1862,

No. 3 of 1861 , An Ordinance to amend the Course of Pro

cedure in the Supreme Court of Hong

kong in its Equity Jurisdiction, and to 490

enable it to award Damages in certain

Cases,

No. 4 of 1861 , An Ordinance to repeal Ordinance No. 5 of Rep . by Ord . No. 4 of 1887, .. 492

1857, ...

No. 5 of 1861 , An Ordinance to authorize the appropriation

of a Supplementary Sum not exceeding

Twelve thousand and fourteen Pounds to Rep. by Ord. No. 4 of 1887 , .. 493

defray the charges of the year 1861 , ..

Sec. 12 rep. by Ord . No. 4

of 1867.

Sec. 19 rep. by Ord. No.

No. 1 of 1862 , An Ordinance for the Regulation and Control { 17 of 1873. 494

of the Harbour of Victoria, Hongkong, Sec. 27 rep. by Ords. No. 3

of 1873 & No. 5 of 1874.

All rep. by Ord. No. 8• of

1879,

XX CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 2 of 1862 , An Ordinance to authorize the Enrolment of

a Volunteer Force , .... Rep. by Ord. No. 18 of 1882 , 499

No. 3 of 1862, An Ordinance to authorize His Excellency

the Governor by Proclamation to prohibit Sec. 1 amended by Ord . Į 500

the Exportation of Military Stores and No. 3 of 1884, ……… .

other Articles , ....

No. 4 of 1862 , An Ordinance to amend Ordinance No. 4 of

1851 , and to increase the Jury Panel to Rep. by Ord . No. 11 of 1864, 501

Thirty,

No. 5 of 1862 , An Ordinance to amend Ordinance No. 13 of

1860 by abolishing the Salaries of the In force 7th July, 1862 :)

502

Chief Magistrate and Assistant Magis Proclamation same date,

trate, & c.,

In force 7th July, 1862 : 1

No. 6 of 1862 , | An Ordinance to abolish the Offices of Chief Proclamation same date.

Magistrate and Assistant Magistrate , and Sec. 5 rep. by Ord. No. 1 503

to appoint and define the Duties of Two of 1863.

Police Magistrates , All rep. by Ord. No. 16 of

1875,

In force 7th July, 1862 :

Proclamation of same

date.

Secs. 16, 17 , and 18 rep.

by Ord. No. 1 of 1871 .

Sec. inserted and num

No. 7 of 1862 , An Ordinance to establish a Court of Sum

mary Jurisdiction, and to authorize the bered 33 by Ord. No. 9 505

of 1864.

appointment of a Judge thereof, Sec. 33 renumbered 34 by

Ord. No. 9 of 1864, and

amended by Ord . No. 1

of 1871 .

All rep. by Ord. No. 14 of

1873,

Secs. 18 rep. by Ord. No.

No. 8 of 1862, An Ordinance to provide for the Manage 2 of 1863.

ment and Control of a Post Office for the 517

All rep. by Ord. No. 10

Colony of Hongkong, ....

of 1876,

r Secs. 10 and 12 rep. byOrd. ]

No. 9 of 1868 , (disallow

ed) and by Ord . No. 8 of

1869.

No. 9 of 1862, | An Ordinance for the Establishment and Sec. 11 rep. by Ord. No. 9

Regulation of the Police Force of the of 1868, (disallowed). 524

Colony of Hongkong, Secs. 20 & 21 amended by

Ord. No. 9 of 1867.

All rep. except secs. 17 to

21 (inclusive) by Ord .

No. 14 of 1887 , ..

No. 10 of 1862 , An Ordinance to provide for the payment of

Pensions to the Civil Servants of the 531

Government of Hongkong,

CHRONOLOGICAL TABLE OF THE ORDINANCES . XXI

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 11 of 1862, An Ordinance to apply a Sum not exceeding

Four hundred and fifty-five thousand 536

Four hundred Dollars to the Public Rep. by Ord. No. 4 of 1887,

Service of the Year 1863, ....

No. 12 of 1862, An Ordinance to amend the form in which Rep . by Ord . No. 11 of 1865 , 537

Sentence of Death is passed,

No. 13 of 1862, An Ordinance to repeal Ordinance No. 12 of

1858, entitled " An Ordinance for Prac Rep. by Ord. No. 4 of 1887, 537

titioners in Law," ...

Sees. 1 and 3 amended by

No. 14 of 1862 , An Ordinance for granting Patents for In- Į Ord. No. 32 of 1889

537

ventions within this Colony , .... (repealed) and by Ord.

No. 6 of 1890, ........

No. 15 of 1862 , An Ordinance to authorize the appropriation

of a Supplementary Sum not exceeding

One hundred and Forty-nine thousand Rep. by Ord . No. 4 of 1887 , 540

Dollars to defray the charges of the

Year 1862, ...

No. 1 of 1863, An Ordinance to amend certain provisions

in Ordinance No. 6 of 1862 , intituled “ An

Ordinance to abolish the Office of Chief Rep. by Ord. No. 16 of 1875 ,.. 541

Magistrate, and to appoint and define the

duties of two Police Magistrates,"

No. 2 of 1863, An Ordinance to amend Ordinance No. 8 of

1862 , intituled “ An Ordinance to provide

for the management and control of a Rep. by Ord. No. 4 of 1887, .. 542

Post Office for the Colony of Hongkong,

No. 3 of 1863, An Ordinance for Vesting all Estates and

Property occupied by or for the Naval

Service of the United Kingdom of Great 542

Britain and Ireland in this Colony in the

Lord High Admiral, &c.,´

No. 4 of 1863, An Ordinance to repeal Ordinance No. 1 of Sec. 7 rep. (in part) by

1853 and to provide Gaols and Debtors' Ord. No. 22 of 1882.

546

Wards, and for the due Control of All rep. by Ord . No. 18 of

Prisoners therein, ·· 1885, ..

Secs . 14, 15, & 16 rep. by

No. 5 of 1863, An Ordinance for the better assessing and Ord. No. 11 of 1867.

collecting the Police and Lighting Rates 549

All rep. by Ord. No. 12 of

within the Colony of Hongkong,

1875, ....

Secs. 1 , 2 , 6, 7 , 8 & 12

No. 6 of 1863 , An Ordinance to provide for the Regulation

of Public Vehicles and Chairs and their amended by Ord. No. 6

of 1882 . 556

Drivers and Bearers, and to license the

Hire of Horses , All rep. by Ord. No. 5 of

..

1883,

XXII CHRONOLOGICAL TABLE OF THE ORDINANCES .

PAGE

NUMBER OF

AND TITLE . HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 7 of 1863, An Ordinance to apply a Sum not exceed

ing Four hundred and Seventy- seven

thousand Dollars to the Public Service Rep. by Ord . No. 4 of 1887,.. 560

of the Year 1864 , ..

Rep. as from 1st January,

1891 , by Ord. No. 15 of

1890, subject to H. M.'s

No. 8 of 1863 , An Ordinance to prevent the fraudulent

right of disallowance, .. 561

marking of merchandize,

Not disallowed, see Gazette

15th November, 1890,

Notification 478 , ………….

No. 1 of 1864, An Ordinance to provide for conversion of

British Currency in all payments by or 572

to the Government , ..

No. 2 of 1864, An Ordinance for Establishing a Mint in the Rep. by Ord . No. 4of 1887, .. 575

Colony of Hongkong, }

No. 3 of 1864, An Ordinance to authorize the appropriation

of a Supplementary Sum not exceeding

One hundred and fifty-two thousand Rep. by Ord. No. 4 of 1887, • 578

Dollars to defray the Charges of the

Year 1863 ,

No. 4 of 1864, An Ordinance to give effect to Her Majesty's'

Regulations for the observance of Neu

trality during the existing hostilities

between the United States and the Rep. by Ord. No. 4 of 1887, .. 579

States calling themselves the Confederate

States of America,

Secs. 56 & 189 rep. by

Ord. No. 9 of 1864 and

new secs. substituted .

No. 5 of 1864 , An Ordinance to amend the Law of Debtor Į Sec. and heading inserted 580

and Creditor , before sec. 191 & re

maining secs , renumber

ed to end by Ord . No. 9

of 1864,

Secs. 2 & 3, rep. (in

No. 6 of 1864, An Ordinance to render admissible in certain part) by Ord. No. 9 of

cases the Depositions of Witnesses who 1864. 654

cannot be produced at the Trial, &c., .. All rep. by Ord . No. 2 of

1889 ,

Rep. by Ord. No. 31 of

1886 : Repeal annulled

No. 7 of 1864, An Ordinance for compiling a New Edition by Ord. No. 6 of 1889 : 656

of the Ordinances of this Colony, Revived as from date

of original repeal by

Ord. No. 17 of 1889 , .

CHRONOLOGICAL TABLE OF THE ORDINANCES . XXIII

PAGE

NUMBER OF

AND TITLE. HOW DEALT WITH . COM

YEAR. MENCE

MENT.

No. 8 of 1864, An Ordinance to apply a Sum not exceeding

Six hundred and thirteen thousand

Dollars to the Public Service of the year Rep. by Ord . No. 4 of 1887 , .. 658

1865 , ..

No. 9 of 1864, An Ordinance to authorize the Commissioners

appointed to compile a New Edition of 659

the Ordinances to make certain alterations

therein,

No. 10 of 1864, An Ordinance for preventing Frauds upon

Creditors by Secret Bills of Sale of Rep. by Ord. No. 12 of 1886 , .. 663

Personal Chattels ,

Secs. 2 & 9, rep. (in part)

by Ord. No. 24 of 1882 .

Secs. 5 , 8, 10, 11 , and 14,

rep. by Ord. No. 24 of

1882,

Secs. 6, 9, & 13 amended

by Ord . No. 24 of 1882.

Sec. 12 amended by Ord.

No. 7 of 1868, and by

No. 11 of 1864, An Ordinance for consolidating and amending Ord. No. 24 of 1882, ..

666

the Laws relative to Jurors and Juries, Sec. 22 rep. by Ords. No.

7 of 1868 and No. 8 of

1872 .

Sec. 23 amended by Ord.

Nos. 7 of 1868 and 8 of

1872 .

Sec. 27, 28, rep. by Ord.

No. 17 of 1888.

All remaining sections rep.

by Ord. No. 18 of 1887,

No. 12 of 1864, An Ordinance to facilitate the Remedies on

Bills of Exchange and Promissory Notes Rep. by Ord . No. 4 of 672

by the Prevention of frivolous or fictitious 1887.

Defences to Actions thereon,.

No. 13 of 1864, An Ordinance to amend the Laws of Trade 675

and Commerce , { Sec. 1885 . by Ord . No. 9}

of 7rop.

ALPHABETICAL TABLE OF ORDINANCES

IN

Volume I (pp . 1 to 678)

being an Index to the titles of the Ordinances.

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Absence of Chief Justice, (Writ of Capias ad Respondendum,) .... No. 5 of 1852, 272

Abolition of Chief and Assistant Magistrates, No. 6 of 1862, 503

99 99 "" 99 No. 1 of 1863, 541

Acts (Imperial) Extension, No. 3 of 1854, 287

"" 99 99 No. 3 of 1856 , 331

No. 7 of 1856 , 338

65

" 93

39 ,, 39 No. 3 of 1857, 369

No. 5 of 1858 , 407

3:3

39 "9

99 99 99 No. 5 of 1860, 453

,, "" 99 No. 7 of 1860, 457

Admiralty Estates, Vesting of ..... No. 3 of 1863, 542

Admission of Practitioners , ( Supreme Court ,) No. 13 of 1856, 356

Aliens, Naturalization of, .... No. 10 of 1845 , 146

99 Rights of Property of, .... No. 2 of 1853 , 279

Amendment of Ordinances (see also " Compilation," " Revision,") .. No. 4 of 1857, 370

Appeals from Justices, ... No. 4 of 1858 , 404

Appropriation, No. 15 of 1858 , 439

"" No. 4 of 1859, 442

99 No. 18 of 1860, 486

99 No. 2 of 1861 , 489

99 No. 11 of 1862, 536

39 No. 7 of 1863, 560

99 No. 8 of 1864, 658

39 (Supplementary ,) ... No. 14 of 1858 , 436

No. 5 of 1859, 443

66

99

99 99 No. 19 of 1860, 487

29 . 99 No. 5 of 1861, ❤ 493

XXVI ALPHABETICAL TABLE OF ORDINANCES .

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Appropriation, (Supplementary,) No. 15 of 1862 , 540

99 .. No. 3 of 1864, 578

Assistant Magistrate, Abolition of, ... No. 6 of 1862 , 503

39 "9 No. 1 of 1863 , 541

Attachment , (Foreign),. No. 2 of 1855 , 293

Auxiliary Police Force, ...... No. 1 of 1854, 284

Bankers' Cheques (False Pretences, &c. ,) No. 4 of 1860, 453

Bankers, Frauds by, .... No. 9 of 1860, 471

Bankruptcy (Insolvent Debtors, & c . ,) No. 3 of 1846 , 174

99 99 99 No. 5 of 1846 , 206

99 "" 99 No. 2 of 1849, 235

"" .‫د‬ 99 No. 5 of 1864, 580

Bills of Exchange, ( Summary Procedure,) .... No. 12 of 1864, 672

Bills of Lading, .... No. 2 of 1856 , 330

Bills of Sale (Personal Chattels, ) .... No. 10 of 1864, 663

Board of Examination (Mercantile Marine,) ..... No. 17 of 1860, 484

Boatmen, Registration of, ..... No. 15 of 1860, 480

British Currency, Conversion of, ... No. 1 of 1864, 572

Brokers, (Emigration, ) No. 11 of 1857, 387

Buildings and Nuisances, .... No. 8 of 1856 , 344

Burials of Chinese and Nuisances, No. 12 of 1856, 352

Capias ad Respondendum, Writs of,... No. 5 of 1852, 272

Cargo Boats, &c., Registration of, .. No. 15 of 1860, 480

Cathedral (see " Church ").

Census (see " Registration of Inhabitants ") .

Chancery Procedure, No. 7 of 1856 , 338

99 99 No. 3 of 1861 , 490

Cheques on Bankers, (False Pretences, ) No. 4 of 1860, 453

Chief Magistrate, (Abolition of,) No. 6 of 1862 , 503

99 99 No. 1 of 1863, 541

China, Neutrality during contest in, No. 1 of 1855, 291

"" 99 99 No. 1 of 1856, 329

ALPHABETICAL TABLE OF ORDINANCES . XXVII

SUBJE MATTER. NUMBER AND YEAR . PAGE .

Chinese, Burials of, No. 12 of 1856, 352

Chinese Criminals (see " Extradition" " Rendition " ) . •

Chinese Passenger Ships , No. 13 of 1858, 435

99 99 "" No. 6 of 1859, 443

Chinese Peace Officers, No. 13 of 1844, 50

Chinese People (see " Registration of Inhabitants " ).

Chinese, Regulation of, No. 3 of 1853 , 279

"3 99 No. 8 of 1858 , 412

99 99 No. 1 of 1859, 441

Chinese, Rendition of, No. 2 of 1850 , 240

Chinese Tepos & c., No. 3 of 1853 , 279

Chinese Wills, ... No. 4 of 1856, 331

Church, ... No. 2 of 1847, 213

99 ... No. 3 of 1850, 241

Civil Actions, (Arbitration,) . No. 6 of 1844, 16

Civil Courts, (Jurisdiction,) No. 2 of 1851 , 249

Civil List, No. 13 of 1860, 477

99 (Amendment ,) No. 5 of 1862 , 502

Civil Pensions, No. 10 of 1862 , 531

Civil Suits (Chinese) Settlement , ... No. 3 of 1853, 279

Colonial Vessels, ( Registration,) No. 4 of 1855 , 303

Commissioners, to take evidence, .... No. 5 of 1849, 238

Common Law Procedure, No. 6 of 1855 , 307

"9 39 No. 5 of 1856, 332

Compilation of Ordinances, No. 7 of 1864, 656

99 99 No. 9 of 1864, 659

Conditional Pardons, No. 1 of 1860, 446

Contagious Diseases, No. 12 of 1857, 391

Coroner's Juries , No. 5 of 1847, 224

Costs and Fees , .... No. 14 of 1856, 359

Court of Inquiry (Marine,) .... No. 11 of 1860, 474

Court of Summary Jurisdiction, No. 7 of 1862, 505

XXVIII ALPHABETICAL TABLE OF ORDINANCES.

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Criminal Proceedings, No. 8 of 1845 , 136

29 No. 6 of 1846, 206

66

29 No. 1 of 1850, 239

.‫د‬ 99 (Evidence,) No. 1 of 1851 , 249

No. 4 of 1852, 268

36

22 (Justice,)

"" 39 (Civil and Criminal, ) No. 5 of 1856, 332

No. 6 of 1856 , 336

36

36

(Extension of,) ...

39 93 (Procedure,) No. 1 of 1858, 397

Currency (British), Conversion of, No. 1 of 1864, 572

Death, Sentence of, No. 12 of 1862 , 537

Deeds, Wills, & c . , Registration of, ... No. 3 of 1844, 5

Deportation of Mendicants, .. No. 7 of 1859, 445

Depositions of Witnesses, No. 6 of 1864, 654

Desertion of Seamen,.... No. 4 of 1850, 243

99 29 No. 2 of 1852 , 263

‫در‬ 99 No. 6 of 1852 , 272

Distillation of Spirits , No. 8 of 1844 , 18.

Emigration Passage Brokers, ... No. 11 of 1857 , 387

Evidence in Criminal Cases, No. 1 of 1851 , 249

99 Depositions of Witnesses, (see that title).

99 Examination of Witnesses, & c. , (see that title) .

Evidence, Law of, .... No. 3 of 1852, 264

99 99 No. 15 of 1856 , 364

99 99 No. 7 of 1857, 381

Examination of Witnesses on Commission, No. 5 of 1849, 238

Exportation of Military Stores, No. 3 of 1862 , 500

Extradition of Chinese, No. 2 of 1850, 240

False Pretences (see Bankers ' Cheques).

Fees and Costs, No. 14 of 1856, 359

Foreign Attachment, ... No. 2 of 1855 , 293

Frauds, by Trustees, Bankers, & c ., ... No. 9 of 1860, 471

Fraudulent Marking of Merchandize, No. 8 of 1863 ,

561

ALPHABETICAL TABLE OF ORDINANCES . XXIX

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Gaming, (Public,) .... No. 14 of 1844, 52

Gaol, Establishment, & c . , No. 4 of 1863, 546

99 Regulation, No. 1 of 1853 , 276

Ghaut Serang- Lascars, & c., No. 13 of 1845 , 152

39 ·99 No. 4 of 1846, 205

No. 2 of 1848 , 230

36

99

Good Order and Cleanliness, No. 5 of 1844, 14

"" ‫در‬ No. 14 of 1845 , 153

Gunpowder, (Manufacture, &c.,) .... No. 1 of 1848 , 227

Harbour Regulation , No. 19 of 1844, 104

99 99 No. 11 of 1845, 147

"" 99 No. 1 of 1862, 494

Imperial Acts, Extension , ... No. 3 of 1854, 287

19 99 No. 3 of 1856, 331

99 99 No. 7 of 1856, 338

No. 3 of 1857, 369

36

99

99 99 No. 5 of 1858, 407

"" (Rules and Orders, ) ( Repeal,) .. No. 5 of 1860, 453

39 99 39 .. No. 7 of 1860, 457

Inhabitants, (Registration,) No. 16 of 1844, 95

99 (Peace and Quiet of,) ... No. 17 of 1844, 98.

99 (Registration and Census,) ... No. 18 of 1844, 100

Insolvent Debtors, (see Bankruptcy) .

Intestate Estates, Unclaimed Balances, No. 6 of 1854, 290

"" "" 99 No. 5 of 1855 , 306

99 99 99 No. 1 of 1857, 366

Jurisdiction of Civil Courts, No. 2 of 1851 , 249

Jurors and Juries, No. 7 of 1845 , 131

"" "" (Amendment,) ..... No. 4 of 1849 , 238

17 99 (Consolidation,) ... No. 4 of 1851 , 251

39 99 (Amendment,) .………. No. 4 of 1854, 288

No. 7 of 1857, 381

36

"" (and Evidence, ) ..

XXX ALPHABETICAL TABLE OF ORDINANCES.

SUBJECT MATTER. NUMBER AND YEAR. PAGE .

Jurors and Juries (Consolidation ,) No. 11 of 1864, 666

29 99 (Coroner's,) No. 5 of 1847, 224

Jury Lists, No. 3 of 1855, 302

Jury Panel, .... No. 4 of 1862, 501

Jury, Trial by, No. 15 of 1856, 364

Jurors and Witnesses (Oaths, ) ... No. 2 of 1860, 446

Justices of the Peace ..... No. 10 of 1844, 22

99 99 "9 No. 6 of 1847, 225

"" 99 "" No. 1 of 1849, 231

"" 99 99 No. 5 of 1850, 245

.. 99 99 (Appeals,) No. 4 of 1858, 404

Land Office, No. 3 of 1844, 5

Lascars, Ghaut Serang, No. 13 of 1845, 152

99 99 No. 4 of 1846 , 205

99 99 No. 2 of 1848 , 230

Law of Evidence, No. 3 of 1852 , 264

Licensing, (Markets , ) No. 1 of 1847, 212

" 99 No. 4 of 1847, 222

99 99 No. 2 of 1854, 285

99 29 No. 9 of 1858, 420

99 (Opium, &c., ) .. No. 21 of 1844 , 106

39 (Public Houses,) No. 11 of 1844, 33

"9 99 No. 4 of 1845 , 117

99 99 No. 7 of 1858 , 410

29 (Tobacco Retail,) No. 3 of 1845 , 116

Lighting, City of Victoria, No. 11 of 1856, 350

39 (Rates,) No. 5 of 1863, 549

Lis Pendens, No. 10 of 1856, 349

Magistrates (Summary Jurisdiction, ) No. 6 of 1847, 225

"9 99 No. 1 of 1849, 231

99 (Appeals from,) .... No. 4 of 1858 , 404

"" (Chief and Assistant, Abolition of, ) .... No. 6 of 1862 , 503

ALPHABETICAL TABLE OF ORDINANCES . XXXI

SUBJECT MATTER. NUMBER AND YEAR. PAGE .

Magistrates, (Chief and Assistant, Abolition of,) No. 1 of 1863 , 541

Marine Courts of Inquiry, ... No. 11 of 1860, 474

Markets, (see Licensing) .

Marriages , ·· No. 1 of 1852 , 257

Martial Law, No. 20 of 1844, 105

Masters and Mates, Examination, (see Mercantile Marine).

Mendicants, No. 7 of 1859, 445

Mercantile Law Amendment, No. 13 of 1864, 675

Mercantile Marine, Examinations, No. 17 of 1860, 484

Merchandise Marks, No. 8 of 1863, 561

Merchant Shipping, No. 4 of 1844, 11

"2 99 No. 9 of 1856 , 348

"" "" (Fees,) .... No. 10 of 1860, 473

Military Stores , Exportation of, .... No. 3 of 1862, 500

Mint, (Establishment,) No. 2 of 1864 , 575

Naturalization of Aliens, No. 10 of 1845, 146

Neutrality: (during Contest in China,) No. 1 of 1855 , 291

99 99 99 No. 1 of 1856, 329

99 (during Contest in America,) No. 4 of 1864, 579

New Edition of Ordinances, No. 7 of 1864, 656

22 29 93 No. 9 of 1864, 659

Newspapers , No. 16 of 1860, 483

Nuisances (and Buildings,) ... No. 8 of 1856, 344

Nuisances (and Chinese Burials,) ... No. 12 of 1856, 352

Oaths, & c., of Jurors and Witnesses, ... No. 2 of 1860, 446

Opium, Salt, licensing, sale of, No. 21 of 1844, 106

No. 5 of 1845, 117

66

Sale, &c. ,

99 "" No. 4 of 1853, 281

97 99 (Prepared,) No. 2 of 1858, 398

Ordinances, Amendment , No. 4 of 1857, 370

"" Compilation, No. 7 of 1864, 656

99 Revision, No. 9 of 1864, 659

XXXII ALPHABETICAL TABLE OF ORDINANCES .

SUBJECT MATTER. NUMBER AND YEAR . PAGE .

Ordnance Estates, Vesting, No. 6 of 1860, 454

Passage Brokers, Emigration, No. 11 of 1857, 387

Passenger Ships, (Chinese,) No. 13 of 1858, 435

99 99 99 No. 6 of 1859, 443

Patents, No. 14 of 1862 , 537

Pawnbrokers, No. 11 of 1858, 427

99 No. 3 of 1860, 448

Peace of the Colony, No. 2 of 1857, 366

99 99 No. 9 of 1857, 384

99 99 (Amendment,) .. No. 6 of 1858 , 410

Peace and Quiet at Night Time, No. 17 of 1844, 98

Penal Servitude, No. 10 of 1858, 425

39 No. 2 of 1859, 441

Penalties, Remission of, No. 14 of 1860, 480

Pensions (Civil, ) No. 10 of 1862, 531

Petty Sessions Court, No. 1 of 1849, 231

99 99 No. 5 of 1850, 245

Piracy, No. 3 of 1847, 221

Police Force, No. 12 of 1844, 45

Police Force, (Auxiliary,). No. 1 of 1854, 284

99 99 No. 9 of 1862, 524

No. 1 of 1854, 284

Police and Lighting Rates,

No.

{༤ 5 of 1863, 549

Post Office,..... No. 8 of 1862 , 517

99 No. 2 of 1863, 542

Practitioners , Admission of, No. 13 of 1856, 356

Practitioners in Law, .... No. 12 of 1858, 433

99 99 No. 3 of 1859, 441

99 "" No. 13 of 1862, 537

Prepared Opium, No. 2 of 1858, 398

Printing Regulation, No. 2 of 1844, 3

99 (Newspapers,) .... No. 16 of 1860, 483

ALPHABETICAL TABLE OF ORDINANCES. XXXIII

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Prison Regulation , .. No. 1 of 1853, 276

19 "" No. 4 of 1863, 546

Prize and Salvage,. No. 5 of 1857, 370

29 99 No. 4 of 1861 , 492

Probate and Administration , .... No. 8 of 1860, 458

"" "" (Amendment, ) ... No. 1 of 1861 , 488

Promissory Notes, (Summary Procedure, ) No. 12 of 1864, 672

Public Gaming, No. 14 of 1844, 52

Public Houses, .... No. 11 of 1844, 33

99 (Licensing,) ... No. 4 of 1845, 117

Public Vehicles, No. 6 of 1863, 556

Rating, ... No. 2 of 1845, 113

99 (Amendment,) No. 3 of 1851 , 250

29 (Police,) ... No. 1 of 1854, 284

99 (Police and Lighting, ) No. 5 of 1863, 549

Registration of Boatmen, &c. , No. 15 of 1860 , 480

99 and Census, No. 18 of 1844, 100

99 99 No. 7 of 1846, 207

99 "" No. 6 of 1857, 371

"" of Colonial Vessels, .... No. 4 of 1855, 303

"" of Deeds, & c., .. No. 3 of 1844, 5

of Inhabitants, No. 16 of 1844, 95

33

No. 3 of 1853, 279

No. 6 of 1857, 371

Regulation (and Registration) of Chinese, ..

No. 8 of 1858, 412

No. 1 of 1859, 441

99 of Harbour, (see Harbour Regulation) .

99 of Public Vehicles, No. 6 of 1863, 556

39 of Spirituous Liquors, sale, ... No. 11 of 1844, 33

99 "" 99 No. 4 of 1853, 281

Remission of Penalties, ... No. 14 of 1860, 480

Rendition of Chinese Criminals, No. 2 of 1850, • 240

XXXIV ALPHABETICAL TABLE OF ORDINANCES .

SUBJECT MATTER . NUMBER AND YEAR. PAGE.

Restraint of Trade, in China, ... No. 9 of 1844, 20

99 92 "" No. 1 of 1846, 172

Revenue, (see Appropriation).

Revision of Ordinances, (see Compilation).

Salt, Opium, &c . , Licensing, ... No. 21 of 1844 , 106

99 "" Sale, No. 5 of 1845 , 117

Salvage and Prize, No. 5 of 1857, 370

"9 "" No. 4 of 1861 , 492

Seamen, Desertion of, No. 4 of 1850, 243

"" 22 No. 2 of 1852 , 263

"" 29 No. 6 of 1852 , 272

Secret Societies, .. No. 1 of 1845, 113

99 No. 12 of 1845 , 151

Sentence of Death, No. 12 of 1862, 537

Shipping (Merchant,) No. 4 of 1844, 11

99 99 No. 9 of 1856, 348

99 99 (Fees,) No. 10 of 1860, 473

Slavery (Suppression,) No. 1 of 1844, 1

Spirits, Distillation of, No. 8 of 1844, 18

Spirituous Liquors, Sale of, No. 11 of 1844, 33

99 99 99 No. 4 of 1845 , 117

99 ‫در‬ 29 No. 4 of 1853, 281

Standard Weights and Measures , .... No. 22 of 1844, 108

Summary Jurisdiction Court, (see also Supreme Court,) No. 7 of 1862, 505

Summary Jurisdiction (Magistrates and Justices,) No. 10 of 1844, 22

99 92 "" No. 6 of 1847 , 225

99 99 99 99 No. 5 of 1850, 245

99 "" (Petty Sessions, ) ... No. 1 of 1849, 231

Suppression of Desertion, No. 2 of 1852, 263

Supreme Court, (Establishment, ) . No. 15 of 1844, 53

"" 39 No. 6 of 1845 , 120

"" 29 No. 2 of 1846 , 173

ALPHABETICAL TABLE OF ORDINANCES . XXXV

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Supreme Court, (Establishment ,) ....... No. 3 of 1858, 401

"" (Common Law Procedure,) (see that title).

No. 8 of 1845 , 136

:

(Criminal Procedure,)

29 "" No. 6 of 1846, 206

39 No. 1 of 1850, 239

:

39

No. 1 of 1851, 249

:

No. 4 of 1852 , 268

:

""

No. 6 of 1856, 336

:

39

No. 1 of 1858, 397

:

99

:

(Practitioners,) (see that title) .

,, (Summary Jurisdiction,) No. 9 of 1845, 137

99 99 "" No. 3 of 1849, 236

99 23 99 No. 5 of 1854, 288

99 99 99 No. 10 of 1857, 386

Tepos, Chinese, No. 3 of 1853 , 279

Tobacco, &c., Licensing, No. 3 of 1845 , 116

Trade and Commerce, Law of, .... No. 13 of 1864 , 675

Trade Marks, (Fraudulent), .... No. 8 of 1863, 561

Trading in China , .. No. 9 of 1844, 20

99 99 No. 1 of 1846, 172

Triad and Secret Societies, No. 1 of 1845 , 113

99 99 .. No. 12 of 1845 , 151

Trial by Jury, No. 15 of 1856, 364

Trustees, Frauds by, .... No. 9 of 1860 , 471

Unclaimed Balances of Intestates, .. No. 6 of 1854, 290

99 99 39 No. 5 of 1855, 306

39 99 99 No. 1 of 1857, 366

Usury Laws, .. No. 7 of 1844, 17

Vehicles (Public), Licensing, No. 6 of 1863, 556

Venereal Diseases ,. No. 12 of 1857 , 391

Vessels (Colonial) Registration , No. 4 of 1855, 303

Volunteers,. No. 2 of 1862, 499

XXXVI ALPHABETICAL TABLE OF ORDINANCES .

SUBJECT MATTER. NUMBER AND YEAR. PAGE.

Water Supply, .... No. 12 of 1860, 476

Weights and Measures, · No. 22 of 1844, 108

Wills by Chinese, No. 4 of 1856, 331

Witnesses, Depositions of, ......... No. 6 of 1864, 654

Witnesses, Examination on Commission, No. 5 of 1849, 238

Witnesses and Jurors, (Oaths, &c.,) No. 2 of 1860, 446.

Writs of Capias ad Respondendum , ... No. 5 of 1852, 272

ORDINANCE No. 1 OF 1844 . 1

Slavery.

No. 1 of 1844 .

An Ordinance to define the law relating to slavery in Hongkong. Title.

[ 28th February , 1844. ]

HEREAS it is expedient to define and promulgate the law respecting slavery Preamble.

W in the Colony of Hongkong.

1. Be it therefore enacted and declared by the Governor of Hongkong, with the Laws of England

prohibitory

advice of the Legislative Council thereof, that the laws of England prohibitory of of slavery to be

in force at Hong

kong.

slavery, together with the punishments and penalties provided therein , shall be in full

virtue and operation and shall be duly enforced and inflicted in the said Colony, save

as hereinafter excepted .

2. And be it enacted, that every one whatsoever using or treating, or attempting Liabilities incur

red by every one

treating any

to use or treat, any person as a slave in Hongkong, shall upon conviction thereof person as a slave

in Hongkong.

before the Chief Magistrate of Police of Hongkong, or before such Court of Justice as

may hereafter be established in Hongkong, be liable to be imprisoned for any period

not exceeding two years, with or without hard labour and corporal punishment , and

: shall forfeit to Her Majesty Her Heirs and Successors, for the public uses of the said

Colony of Hongkong, such sum not exceeding five hundred dollars for each offence,

and also such other additional sum not exceeding two hundred dollars to be paid to

any person giving information of the said offence, as shall be adjudged by the said

Chief Magistrate or Court aforesaid.

3. And be it enacted that if any person, not being a subject of Her Majesty, Liabilities incur

red by foreigners

shall come within the precincts of the Colony of Hongkong, bringing with him any coming to Hong

kong with slaves

and not convey

person previously a slave, and shall not forthwith on being lawfully requested, or ing them before

Chief or other

within ten days after his arrival as aforesaid (whether thereto being required or not) Magistrate.

convey such previous slave before the Chief Magistrate of Police at Hongkong, or

before the nearest Justice of the Peace, such person shall, on being convicted thereof

as aforesaid, be liable to be imprisoned for any period not exceeding six months, with

or without hard labour and corporal punishment, and shall forfeit to Her Majesty Her

Heirs and Successors, for the public uses of the Colony, such sum not exceeding one

hundred dollars for each offence, and also such additional sum not exceeding fifty

dollars, to be paid to the person giving information of the said offence, as shall be

adjudged as aforesaid.

4. And be it enacted, on any such previous slave being produced before such Slave produced

before Magis

Magistrate as aforesaid, that it shall be explained to him, apart from his former owner, trate to be set

free.

that slavery is prohibited in the Colony of Hongkong, and that he is free to depart

whithersoever he pleases, and such Magistrate as aforesaid shall take due care that

such liberty is freely exercised .

5. And be it enacted in case of any such previous slave expressing a wish to Owner of slave

retaining slave in

remain with his former owner, that such owner shall, together with two approved his service to

enter into a bond

sureties, resident householders in Hongkong aforesaid, enter into a bond to Her with sureties

2 ORDINANCE No. 1 OF 1844.

Slavery.

conditioned for Majesty in the sum of five hundred dollars, conditioned against the removal of such

non-removal of

slave.

previous slave from the Colony of Hongkong by his said former owner, without the

said previous slave having been produced before the Chief Magistrate, or any other

Justice of the Peace of the said Colony of Hongkong, and examined apart as to his

voluntarily departing with his said former owner, and being informed that by his so

doing be will revert to his former state of slavery.

Slave to be sup 6. And be it enacted in case any such previous slave shall at any time leave his

ported and ap

prenticed in case former owner, or in case such former owner shall be unable or unwilling to enter into

of his not re

maining with such bond as aforesaid , that such previous slave shall be maintained at the public cost ,

former owner, or

of former owner

not entering into until such time as he is enabled to gain his own livelihood ; and the Chief Magistrate

bond.

aforesaid is hereby authorized, with the approbation of the Governor in Council, to

apprentice or otherwise place out such previous slave as aforesaid, with a view to his

obtaining a livelihood by his own labour.

Slave found in 7. And be it enacted, if any such previous slave as last aforesaid shall be

service of former

owner proof of thereafter found in the possession or employment of his former owner, that such

due hiring to lay

upon former

owner. possession or employment shall be deemed primâ facie proof of such owner having

unduly repossessed himself of the said previous slave ; and such owner in default of

rebutting such presumption shall be liable to the penalties herein affixed to the

treating or using any one as a slave in Hongkong.

Liabilities incur 8. And be it enacted , that any person knowingly receiving in his house any one

red by any person

not giving infor having any person previously a slave in his possession, or a person used or intended

mation of owner

of slaves inha

biting his house. to be used or claimed as such, and not giving immediate information thereof to the

Chief Magistrate of Hongkong or the nearest Justice of the Peace, shall upon

conviction thereof before the Chief Magistrate, or such Court at Hongkong as herein

aforesaid, be liable to be imprisoned for any period not exceeding three months, with

or without hard labour and corporal punishment, and shall forfeit such sum not

exceeding one hundred dollars for each offence, and also such sum not exceeding fifty

dollars to be paid to the person giving information of the same, as shall be adjudged

in manner aforesaid.

Penalties to be 9. And be it enacted that the punishments and penalties herein provided shall

cumulatory .

be held and deemed to be in addition to those inflicted by the law of England for any

offence mentioned herein, and not in any way in the stead, lieu , or substitution thereof.

Provided always and it is hereby enacted that no part of any sum forfeited, and declared

by the laws of England to be payable to any informer, shall be paid to such informer.

without the express direction of the Chief Magistrate or Court aforesaid, who shall

have full power to make such deductions therefrom as may be deemed expedient.

Rule for inter 10. And be it enacted that whenever this or any other ordinance, in describing

peting this and

other ordinances. or referring to any offence, or the subject matter on, or with respect to which it shall

be committed, or the offender or the party affected or intended to be affected by

the offence, hath used or shall use words importing the singular number or the

masculine gender only, yet the ordinance shall be understood to include several

::

.

ORDINANCES Nos . 1 AND 2 OF 1844 . 3

Slavery. Printing Regulation.

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.

[Disallowed in C.O.D., No. 26, 12th August, 1844. ]

No. 2 of 1844.

An Ordinance to regulate the printing of books and papers , and the

keeping of printing presses within the Colony of Hongkong.

[ 28th February, 1844. ]

E it enacted, that from and after the first day of April now next ensuing, no No newspaper

to be published

Birprinted periodical work whatever, containing public news or comments on public save in accord

ance with the

rules hereinafter

news, shall be published within the Colony of Hongkong , except in conformity with mentioned.

the rules hereinafter laid down.

(1.) The printer and the publisher of every such periodical work shall appear Printer and pub

lisher to make

before the Chief Magistrate of Police at Hongkong, and shall make and subscribe declaration.

in duplicate the following declaration " I A. B. declare that I am the printer

"(or publisher, or printer and publisher) of the periodical work intitled

66

and printed (or published,

" or printed and published) at Hongkong,"

and the last blank in this form of declaration shall be filled up with a true and precise

account of the premise where the printing or publication is conducted .

(2.) As often as the place of printing or publication is changed a new declaration New declaration

on change of re

shall be necessary . sidence.

(3.) As often as the printer or the publisher, who shall have made such declaration New declaration

onformer printer

as is aforesaid, shall leave the Colony of Hongkong, a new declaration from a printer or publisher leav

ing the Colony.

or publisher resident within the said Colony shall be necessary.

2. And be it enacted , that whoever shall print or publish any such periodical Punishment and

penalty for non

observance of

work as is hereinbefore prescribed , without conforming to the rules hereinbefore laid above rules.

down, or whoever shall print or publish, or shall cause to be printed or published, any

such periodical 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.

3. And be it enacted , that each of the two originals , of every declaration so Declaration to be

depositedin office

made and subscribed as is aforesaid, shall be authenticated by the signature and seal of Chief

Magistrate and in

the Supreme

of the said Chief Magistrate of Police ; and one of the said originals shall be deposited Court.

among the records of the office of the said Chief Magistrate, and the other original

shall be deposited among the records of such Supreme Court of Judicature as may

4 ORDINANCE No. 2 OF 1844 .

Printing Regulation.

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 declara 4. And be it enacted, that in any legal proceeding whatever, as well civil as cri

tion to be

evidence.

minal, the production of a copy of such a declaration as is aforesaid, attested by the

seal of such Magistrate or Court, as are empowered by this Ordinance to have the

custody of such declarations, shall be held ( unless the contrary be proved) to be suffi

cient evidence, as against the person whose name shall be subscribed to such declaration ,

that the said person was printer or publisher cr 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 5. Provided always, that any person who may have subscribed any such declara

be printer or

publisher to tion as is aforesaid, and who may subsequently cease to be the printer or publisher of

make declaration

thereof.

the periodical work mentioned in such declaration, may appear before such Chief

Magistrate as aforesaid, and make and subscribe in duplicate the following declaration .

" I A. B. declare that I have ceased to be the printer (or publisher, or printer

"and publisher) of the periodical work entitled

<<

" and each original of the latter declaration shall be

authenticated by the signature and seal of the 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 6. And be it enacted, that in all trials in which a copy attested as is aforesaid of

declaration to be

admitted as the former declaration shall have been put in evidence, it shall be lawful to put in

evidence.

evidence a copy attested as is aforesaid of the latter declaration, and the former declar

ation shall not be taken to be evidence, that the declarant was, at any period subse

quent to the date of the latter declaration, printer or publisher of the periodical work

therein mentioned.

Every book or 7. And be it enacted that every book or paper, printed after the passing and

paper to contain

name of printer

or publisher and publishing of this Ordinance, within the Colony of Hongkong, shall have printed on it

place of printing

or publication. at the end thereof the name of the printer and of the publisher, and the place of printing

and of publicatiou , 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 .

Declaration by 8. And be it enacted, that after the first day of April now next ensuing no person

the possessor of

any printing

press. shall within the Colony of Hongkong keep in his possession any press for the printing

..

ORDINANCES Nos. 2 AND 3 OF 1844 . 5

Printing Regulation. Registration of deeds wills &c.

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 exceeding three thousand dollars, and by imprison

ment for a term not exceeding two years.

"I A. B. declare that I have a press for printing at

66 29

and this last blank shall be filled up with a true and precise

description of the premises where such press may be.

9. And be it enacted, that any person who shall, in making any declaration under Punishment and

penalty for

the authority of this Ordinance, knowingly affirm an untruth shall on conviction making any false

declaration.

thereof be punished by fine, to an amount not exceeding three thousand dollars, and

imprisoned for a term not exceeding two years.

[Repealed by Ordinance No. 6 of 1886. ]

No. 3 of 1844.

An Ordinance to provide for the registration of deeds wills judg Title . [ See

Ordinance

ments and conveyances affecting real or immovable property No.10 of 1856

as to " Lis

Pendens."]

in Hongkong.

[28th February, 1844. ]

HEREAS it is expedient to prevent secret and fraudulent convey Preamble that

it is desirable

W

ances in the Colony of Hongkong , and to provide means whereby to facilitate

the tracing of

the title to real and immovable property may be easily traced and titles to

landed pro

ascertained . Be it therefore enacted by His Excellency the Governor of perty.

Hongkong and its dependencies, with the advice of the Legislative Council

thereof, that from and after the passing of this Ordinance, the Land Office Establish

ment of a Re

in the said Colony shall be a public office for the registration of deeds gistry Office.

conveyances and other instruments wills and judgments in manner

hereinafter mentioned : and that all conveyances and other deeds, wills and

devises and other instruments in writing, now or hereafter to be made or From the

passing ofthis

executed, and all judgments hereafter to be obtained, by which conveyances Ordinance all

instruments

deeds and other instruments in writing wills and judgments , any parcels affecting land

may be regis

ofground, tenements or premises in Hongkong aforesaid or its dependencies tered within

the said office .

now are , or shall or may hereafter be affected may be entered and registered

in the said office in the manner hereinafter directed .

2. And be it further enacted that all such judgments and conveyances Such instru

ments to have

or instruments in writing obtained made or executed respectively after

according to

the passing of this Ordinance, and registered in pursuance hereof, shall their respect

jve dates of

have priority one over the other according to the priority of their respective registration .

6 ORDINANCE No. 3 OF 1844.

Registration of deeds wills &c.

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 bonâ fide purchaser or mortgagee of the same parcels of ground

tenements or premises for valuable consideration ) be absolutely null and

void to all intents and purposes. Provided that nothing herein contained

shall extend to bond fide leases at rack rent for any term not exceeding

three years .

Notice of 3. And be it enacted that no notice whatsoever, either actual or

unregistered

instrument

not to affect constructive, of any prior unregistered deed judgment will conveyance or

instruments

instrument in writing , shall affect the priority of any such instrument as

duly regis

tered . aforesaid as shall be duly registered in pursuance of this Ordinance.

Such instru 4. And be it further enacted that all judgments deeds wills conveyances

ment to be

registered or instruments in writing hereafter obtained made or executed, which shall

within a

certain time be duly registered within the respective times next mentioned : that is

after execu

tion. to say, all deeds conveyances and other instruments in writing ( except

wills ) which (if executed in Hongkong 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 recording

thereof, shall severally be in like manner entitled to priority , and shall

take effect respectively by relation to the date thereof, only in the same

manner as if this Ordinance had never been made.

Mode of regis. 5. And be it further enacted that the registration intended by this

tration by a

memorial Ordinance shall be made in manner following : that is to say ; a memorial

containing

certain parti- containing the particulars hereinafter specified shall be delivered into the

culars to be

delivered to said Land Office , signed ( in case of deeds conveyances or other instruments

the Land

Officer. 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 judgments ) signed by the plaintiff

or plaintiff's : and every such memorial shall be verified by the oath of

:: .

ORDINANCE No. 3 OF 1844 . 7

Registration ofdeeds wills &c.

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 [* See Ordi

nance No. 6

said Colony . of 1862.]

6. And be it further enacted that every memorial of any judgment Particulars

which it is

shall contain the following particulars ; that is to say, the names and necessary for

the memorial

additions of the plaintiffs and defendants respectively, the sum thereby to contain.

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 conveyance 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 perfecting 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.

Such memo

7. And be it further enacted , that on delivery of any such memorial rial to be

as aforesaid, the said Land Officer shall number the same according to the numbered by

the Land

order of time in which it shall have been so delivered, and shall give a Officer and a

receipt to be

receipt for the same, in which receipt shall be specified the certain day and given for the

same and

time of day when such memorial shall have been so delivered , and the Land Officer

shall endorse

proper number thereof in the Register of the said Land Office, and he shall thereon a

certificate of

also in like manner immediately indorse on the back of such memorial a the day and

hour when

certificate, containing the day and time of day when the same was so suchmemorial

was delivered

delivered, and the name and place of abode of the person verifying the same into his office,

such certifi

and shall sign the certificate when so indorsed and such certificate shall be cate to be

taken and allowed as evidence of the registration , and time of registration evidence of

the time of

of every such judgment deed will devise conveyance or other instrument registration

the memorial.of

whereof such memorial shall be so made .

8

Со ORDINANCE No. 3 OF 1844.

Registration of deeds wills &c.

The memorial 8. And be it further enacted that every such memorial shall, as soon

to be regis

tered as soon after the receipt thereof as practicable, be carefully registered by the Land

as possible in

a proper book Officer, in regular succession as received , according to its proper number,

and be depo

sited in a in a particular book to be kept by him for that purpose, and shall afterwards

secure place in

the office. be deposited by him in some secure place in his office, and there kept for

future reference when required, and he shall also keep an index of the

mentioned in

parcels of ground tenements and premises mentioned in every such

Land Officer to memorial, and also a like index or indexes of the names of the several

keep an index

of places and parties to conveyances and other deeds and instruments, and of devisors

names con

nected with and devisees in wills, and of the plaintiffs and defendants in case of

the instru

ments so re judgments with accurate references in all such indexes respectively to the

gistered with

correct refer number and page of registry of the memorial to which any entry in such

ences to the

proper page index or indexes shall relate .

of the re

gistry book,

In case of 9. And be it further enacted that in case of mortgages and judgments

mortgages registered in pursuance of this Ordinance, if at any time afterwards such

and judg :

ments Land

Officer shall verified certificate as is hereinafter next mentioned shall be brought to the

enter satisfac said Land Officer, signed by the respective mortgagors and mortgagees or

tion for the

same on re plaintiffs and defendants or their agents respectively, and attested by two

ceiving a veri

fied certificate credible witnesses , whereby it shall appear that the whole of the monies

as after de

scribed. due on any such mortgage 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 after

wards 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 the 10. And be it further enacted that every such certificate shall contain

certificate of

satisfaction the following particulars ; that is to say, in case of judgments the

on a judgment

or mortgage. 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 ofpayment or other satisfaction ofthe amount bonâ 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

:: .

ORDINANCE No. 3 OF 1844 . 9

Registration of deeds wills &c.

any Justice ofthe 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.

11. And be it further enacted that it shall be lawful for any person Any person

may deposit

or persons whatsoever to deposit in the said Land Office for safe custody in the said

office any

any conveyance deed power of attorney or instrument in writing deed will or

other instru

whatsoever or his or her last will and testament of which deeds wills ment for safe

custody .

conveyances or other instrument 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 Wills when so

deposited for

or persons depositing the same and the said Land Officer shall carefully safe custody

to be wrapped

and securely keep all such deeds wills or other instruments in his said up in an

office until required by the party or parties depositing the same to deliver envelope

under the seal

of testator

them back again . Provided that every such will or testament shall be or testatrix .

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 On the death

of testator

until the decease of the testator or testatrix unless he or she shall Land Officer

shall deliver

previously require the same to be delivered back, and upon the death of the will to

the first

the testator or testatrix the said Land Officer shall ( after examining named execu

tor or to any

such will ) deliver the same to the executor first named therein , or to person order

ed to receive

such other person as shall be duly authorized to receive the same. the same .

12. And be it further enacted that if the said Land Officer or any Penalty on

Land Officer

other person employed in the said Land Office shall wilfully neglect or omit or subordi

nate officers

to number register or enter in manner hereinbefore directed any memorial wilfully

or certificate delivered into the said office, he shall for every such offence neglecting

duty.

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 Wilful des

truction for

extent of the loss or injury sustained . And if the said Land Officer or gery or altera

tion of any

any clerk or person whatsoever shall wilfully destroy embezzle or secrete registered

instrument

forge counterfeit raze deface or alter any memorial or any part thereof or with intent to

10 ORDINANCE No. 3 OF 1844 .

Registration of deeds wills &c.

defraud or any indorsement made thereon or any entry or registry thereof in any book

injure

punishable in the said office, with intent to defraud or injure any person or persons ,

with 7 or 14

years trans such Land Officer clerk or person so offending shall be guilty of felony , and

portation.

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.

Correction to 13. And be it enacted that all corrections by erasure interlineation

be verified by

signature of or otherwise in any memorial of the registry of any document required

Land Officer.

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.

Fees to be 14. And be it further enacted that the several fees or sums of money,

taken by the

Land Officer. 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 Hongkong.

Schedule referred to by this Ordinance.

No. 1 .

1. Date of will or instrument .

2. Nature and object thereof.

3. Names and additions of the parties or devisors 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.

No. 2.

1. For registering every assignment mortgage or other 5 dollars .

alienation....

2. For registering every will or judgment or receiv 1 dollar .

ing any verified certificate .......

3. For receiving for safe custody any deed will or 5 dollars .

other instrument........ }

4. For every search .......... 1 dollar.

5. For certificate of receipt of any document or

certifying a copy thereof and every other 5 dollars .

certificate

6. For every uncertified copy of any will deed memo 25 cents .

rial or other instrument per folio of 80 words f

···

ORDINANCE No. 4 OF 1844. 11

Merchant Shipping.

No. 4 of 1844.

An Ordinance to restrain masters of merchant vessels belonging to Her Title.

Majesty's subjects from leaving seamen and others in a destitute

state in the Colony of Hongkong , and from refusing to convey dis

tressed scamen from thence to England , and also to provide for the

good conduct of seamen within the same .

[ 28th February , 1844. ]

HEREAS by reason of the distance of Hongkong from Great Britain , great delay Preamble.

WE and expense are incurred in recovering such sums of money as are expended

on Her Majesty's behalf, in conveying home destitute seamen unlawfully left behind

in Hongkong by masters of British merchant vessels.

And whereas it is expedient to effectually provide against masters of merchant

vessels belonging to Her Majesty's subjects leaving behind seamen or other persons in

a destitute state in Hongkong, and against masters of merchant vessels refusing to

convey distressed seamen thence to England , and also to provide means of affording

satisfaction to persons who may have suffered injury from the crew of any vessel

belonging to Her Majesty's subjects.

1. Be it therefore enacted and ordained by His Excellency the Governor of Masters of mer

chant vessels to

Hongkong, with the advice of the Legislative Council thereof, that the master of every enter into bond

with sureties, as

merchant vessel belonging to any of Her Majesty's subjects, as such master and in that in form annexed.

character, on his arrival at Hongkong, shall together with sufficient sureties subject to

the jurisdiction of the Courts of Justice at Hongkong enter into a bond, conditioned

as and in the form in the schedule to this Ordinance annexed . Provided always that

only one such bond shall be required within the space of one year, unless the same

shall become forfeited , and that any bond of a similar nature, taken at any port in the

dominions of the Emperor of China, and conditioned to extend to Hongkong , shall be

of the same force and effect as if entered into at Hongkong aforesaid . Provided also

that the Superintendent of the Trade of Her Majesty's subjects in China may demand

and take such other security as he may deem necessary or sufficient from the owners

master consignees or other persons interested in any vessel, for the due performance of

the conditions in such bond as aforesaid , conditioned to extend both to Hongkong and

the dominions of the Emperor of China, and that thereupon no master of any vessel ,

in respect of which such other security shall be taken, shall be required to enter into

such bond as hereinbefore mentioned.

2. And be it enacted that the Harbour Master at Hongkong or such other officer Harbour Master

to take bond and

as may be duly authorized in that behalf, shall be entitled to demand and take possession give certificate

thereof and

of such bond, and shall deliver a certificate of the taking thereof to such master as approve of

sureties.

aforesaid, and that the sureties therein shall be to the satisfaction of and approved by

the said Harbour Master or other officer.

12 ORDINANCE No. 4 OF 1844 .

Merchant Shipping.

Penalty for not 3. And be it enacted if any master of such vessel as aforesaid shall neglect for the

entering into

bond or not

giving other space of ten days after his arrival at Hongkong, or after the forfeiture of, or after the

security.

expiration of the space of one year from the previous taking of any such similar bond,

or shall at any time upon lawful demand made by the said Superintendent of Trade for

such other security, or by such officers as aforesaid for such bond, neglect or refuse to

enter into the same, or to provide such sureties or other security as aforesaid, that it

shall be lawful for the said Superintendent of Trade, or for such officers as aforesaid, to

arrest and detain such master and the vessel commanded by him , until such time as

the said demand shall be complied with, and also summarily to impose on the said

master a fine not exceeding the sum of one hundred dollars, to be paid to Her Majesty

Her Heirs and Successors for the public purposes of the Colony of Hongkong, and in

case of nonpayment thereof, to forthwith cause the same to be levied of the apparel

boats tackle or furniture of the vessel commanded by the said master.

Master and ship 4. And be it enacted that the said master and the said ship whilst so detained or

detained to be

liable as if bond

entered into. arrested shall be subject in every respect to the same liabilities as if such bond or other

security had been duly entered into.

Proceedings 5. And be it enacted, upon any complaint made of any injury, either in person or

against the crew

of any ship not property, sustained from the act of any of the crew of any vessel belonging to Her

in port, damages

to be paid by Majesty's subjects done or committed within Hongkong or the dominions of the

sureties in bond

or other security .

Emperor of China, or within 100 miles from the coast of China which said vessel

shall not then be in Hongkong or in any port in China at which a British Consular

establishment may exist, and in respect whereof such bond or other security as afore

said shall have been entered into, that it shall be lawful for any competent tribunals

to summon the sureties in such bond or other security as aforesaid to appear and

answer such complaint, and thereupon to proceed to enquire of hear and determine

the same in the absence of the party alleged to have committed the injury complained

of, and to award such damages, (to be paid and borne by the sureties in the bond or

other security aforesaid) to such injured party, as may be just and reasonable. Provided

always that such adjudication shall not be pleadable in bar of any criminal proceeding ,

instituted in respect of the subject matter thereof, and that no such complaint shall be

inquired of or heard unless it shall clearly appear that the party preferring the same

has used all possible diligence in so doing whilst such vessel was in port, and that no

such adjudication of damages or compensation shall be made, if the said sureties show

special cause for delaying the same, or shall undertake to produce the party alleged to

have committed the injury complained of, within a reasonable time to be then fixed by

such tribunal as aforesaid.

Bond or other 6. And be it enacted, that upon any such bond or other security as herein

security to beput

in suit and whole mentioned becoming forfeited, the same shall be put in suit by such person as may

penalty levied.

Superintendent hereafter be duly authorized in that behalf by the said Superintendent of Trade, and the

at his discretion

to return part

thereof. whole penalty thereof recovered and levied, but that it shall be lawful for the Superin

tendent of Trade aforesaid, upon petition being made to him to that effect, to order that

:.

ORDINANCE No. 4 OF 1844 . 13

Merchant Shipping.

such part thereof as shall not be actually expended , in consequence of the breach of the

conditions of the said bond or other security, or as may not be required to liquidate any

legal penalty which may have been incurred by the master or other person bound thereby,

to be returned to the party or parties from whom the same may have been levied , at

such time and on such conditions as the said Superintendent of Trade may think fit and

reasonable.

The schedule to which this Ordinance refers.

KNOW all men by these presents that

master of the vessel the

of

and we

British merchants resident at

are held and

firmly bound unto Her Most Gracious Majesty Victoria, by the Grace of God of Great Britain and

Ireland Queen, Defender of the Faith, in the full sum of one thousand lawful current dollars of the

currency of the Colony of Hongkong, to be paid to Her said Majesty, Her Heirs and Successors, for which

payment to be well and truly made we bind ourselves and each of us for himself in the whole our and

every of our heirs executors and administrators firmly by these presents sealed with our seals , dated this

day of 184 .

WHEREAS the within bound

have agreed to execute this obligation as sureties for the within bound

now the condition of this obligation is such, that if the

within named master of the vessel the

aforesaid do not within one year from the date hereof

unlawfully discharge or leave behind any of the crew of the said vessel the

in Hongkong, and also within the space of one year

aforesaid within the limits aforesaid do not refuse to receive on board the said vessel the

such distressed seamen as may be sent on board thereof

for conveyance to Great Britain, according to the provisions of the statute made and passed in the first year

of the reign of His late Majesty William the Fourth, intituled " An Act to amend and consolidate the

Laws relating to the pay of the Royal Navy," and if no person formerly a seaman of the said vessel, or

no subject of Her Majesty conveyed in the said vessel the to Hongkong, shall within

three calendar months from having been such seamen, or from having been so conveyed, be found

destitute or requiring public relief in Hongkong aforesaid, and also if the within named obligors shall

forthwith discharge all or any sums of money which shall be awarded by way of satisfaction, (in the

manner provided by the ordinance in pursuance of which this bond is entered into) to any person or

persons by any competent tribunal, for any injury sustained within one year from the date hereof from

the crew of the said vessel the or any one or more of them. Then this obligation

shall be void and of no effect, but otherwise shall remain in full force and virtue.

Signed sealed and delivered

at L. S.

in the presence of

[ Disallowed in C. O. D., No. 41 , 29th April, 1846. ]

14 ORDINANCE No. 5 OF 1844 .

Good order and cleanliness.

No. 5 of 1844.

Title. An Ordinance for the preservation of good order and cleanliness within

the Colony of Hongkong .

[ 20th March, 1844. ]

Preamble. HEREAS it is expedient to provide for the preservation of good order and

W cleanliness within the Colony of Hongkong, be it therefore enacted by His

Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof,

Any person that if any person, after the passing and publication of this Ordinance, shall throw, or

throwing filth

into any street or

drain ; 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

Neglecting to the roads, streets, ways or public passages , or into any of the drains or sewers made or

clean street,

drain, or house ; to be made within the said Colony, or shall permit or suffer any such noisome or offen

sive substance as aforesaid to remain exposed in any drain, sewer, or elsewhere, opposite

to or within the immediate neighbourhood of his house, or shall allow any accumulation

Committing nui of filth or offensive substances within the premises occupied by him, or shall commit.

sance; Obstruct

ing public road;

any nuisance by easing himself, or otherwise, in the neighbourhood of any dwelling

house or place of public passage, or shall set out or leave, or cause to be set out or left,

any scaffolding, carriages, bricks, lime, barrels, bales or cases of merchandize, or any

other matter or thing which shall obstruct, incommode, or endanger any person or

Constructing in carriage in any public passage or road, or shall erect any shed, or house of matting, or

flammatory

buildings; other easily inflammable material, so as in case of fire to endanger any neighbouring

Encroaching on

road or Crown building, or shall encroach on any public way or Crown land , by erecting any building,

land; Neglecting

to remove either on or projecting over the same, or shall construct any spout which shall project

ruinousbuildings;

the rain water thereon, or shall neglect to repair or remove any building, erection , or

bank of earth in a ruinous or unsafe state, and which shall endanger any person on

Throwing ballast any public passage or road, or shall cast or throw any ballast, rubbish, or other sub

into or not remov

ing sunken ves

sels in the har stance, either from the shore or from any vessel into the harbour of Victoria , or shall

bour: Riding or

driving on a foot neglect, within a reasonable time, to remove any sunken vessel in the said harbour,

path, or in a

furicus manner

and not keeping belonging to him, or in his charge or keeping, or shall ride or drive on any foot- path

the right side;

Keeping savage without obvious necessity, or shall ride or drive in a furious manner in any public road,

dogs or other

animals; or in passing or mecting another horse or carriage shall not keep to the customary side

of the road, or being a foot passenger shall not keep as much as possible on the foot

path , or shall keep any dog accustomed to annoy passengers by barking or otherwise,

or shall not properly confine any dangerous or savage dog or other animal belonging

to him, or shall blow any horn, beat any gong or drum, or explode any firework or

Making improper

noises near any firearm , or shall make any other improper noises likely to endanger, annoy, or terrify

road or in the

night-time; any persons or horses in any public road or passage, or shall commit such or other

Exposing for sale

unwholesome

provisions; acts anywhere whatsoever in the night-time, so as to create unnecessary alarms, or if

any person 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

Selling spirits

without licence unwholesome state, or shall sell any spirituous liquor, without being duly licensed , or

or to drunken

person; to any intoxicated person, or shall commit any act of mischief, by destroying, defacing,

:.

ORDINANCE No. 5 OF 1844. 15

Good order and cleanliness.

removing, or otherwise injuring any property whatsoever, or shall neglect to affix to Committing

wanton mischief;

his house and keep alight during the night, such lamp or lanthorn as may be required Neglecting to

affix light to

and approved of by the Superintendent of Police, or shall keep any house for the house; Keeping

honse for prosti

tutes: Frequent

occupancy of public prostitutes, or shall keep or be found in any gambling shop whereof ing gambling

houses: Having

notice shall not have been given to the Chief Magistrate of Police , or shall have in his unlawful imple

ment in his pos

possession any spear, bludgeon , or other offensive weapon, or any crowbar, picklock, session with

intent to use the

skeleton key, or other instrument fit for unlawful purposes, with intent to use the same same; Assem

bling in the

for such unlawful purpose, or if any persons shall assemble together in the night-time night-time;

without a lawful reason for so assembling, or if any person seeing any such assemblage,

or knowing or having reason to suspect that such assemblage, was about to be or had

been made , shall not raise an alarm and give immediate notice thereof to the Not giving notice

of such assem

nearest guard house or police station, or if any person shall behave in a riotous, noisy, blage; Behaving

riotonsly. Being

drunk: Using

or disorderly manner, although no actual breach of the peace shall take place, or shall improper lan

guage; Insulting

be seen drunk in any public road or passage, or shall use any profane or indecent females; Pro

voking a breach

language, or insult auy female in public, or shall make any offensive jokes, gestures , of the peace;

or threats towards any one present which shall be likely to create a breach of the peace,

or shall challenge any one to fight, or if any person shall beg, or expose any sore or

infirmity to view with the object of exciting compassion and obtaining alms, or shall Begging or ex

posing person :

lewdly or indecently expose his person by bathing or otherwise near any public road, Not giving a sa

tisfactory ac

count of himself:

or shall not be able to give a satisfactory account of himself and of his way of living,

or who being abroad at night- time shall not give a satisfactory reason for so being, or

if any persons shall pretend to tell fortunes, or to exercise any magic arts, or shall

otherwise impose on the credulity or superstition of any one whatsoever, with a view to Cheats orimpost

ures; Playing

gain, or shall attempt to defraud any person of any money by pretending that the same in public roads;

Obstructing or

is counterfeit, or if any person shall play at any game in any public passage or road so refusing to assist

officer in his

duty;

as to obstruct the same or create a noisy assembly therein , or shall resist any Justice

of the Peace, constable, peace officer, or policeman in the execution of his duty, or shall

neglect to assist such officer therein when called upon so to do , or if any person

employed as a domestic servant or otherwise shall quit his employer's service without Servant quitting

employ without

giving such warning thereof as shall afford reasonable time to his employer to procure giving warning

or exposing his

another person to act in his stead, or shall neglect or absent himself from his duty employer's pro

perty to injury or

wilfully disobey

without leave, so as to destroy injure or endanger the safety of his employer's property, ing orders;

Watchmen

or shall wilfully disobey such employer's lawful and reasonable orders , or if any person sleeping being

negligent or

employed as a guard or watchman shall sleep at his post, or be negligent remiss or cowardly; Cruelly

injuring animals;

cowardly in the execution of his duty, or if any person shall want only and cruelly &c. Penalty.

mutilate or otherwise illuse any horse, mule, dog or other animal without necessity :

Then and in every such case the person so offeuding shall forfeit and pay to Her

Majesty Her Heirs and Successors for the public purposes of the Colony of Hongkong

such sum not exceeding two hundred dollars as shall be adjudged in the manner here

inafter mentioned.

2. And be it enacted that after conviction for any offence against this Ordinance, After one convic

tou offender

the offender shall be ordered by the convicting Justice or Justices to do such act as liable to double

penalties.

16 ORDINANCES Nos . 5 AND 6 OF 1844 .

Good order and cleanliness. Civil actions - Arbitration.

the subject matter of the case may require and shall be allowed a reasonable time to

perform such order, but that at the expiration of such time, if he shall still be an

offender against the provisions of this Ordinance, he shall be liable to be convicted in

double the penalty formerly inflicted , notwithstanding such double penalty shall amount

to more than the sum of two hundred dollars , and if such offender shall still persist in

offending against this Ordinance he shall be liable to be repeatedly convicted in such

double penalty .

Person refusing 3. And be it enacted that it shall be lawful for the Superintendent of Police of

to comply with

this Ordinance. the Colony of Hongkong, or other officer duly authorized by the Chief Magistrate of

Superintendent

• of Police to act

for him and Police of the said Colony, to require any person whose duty it shall be to remove any

charge him dou

ble the expense. filth or obstruction, or do any other matter or thing required to be done by this Ordi

nance, so to do within a certain time to be then fixed by the said Superintendent of

Police or other officer, and that in default of such requisition being complied with, the

said Superintendent of Police 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,

himself, and the person so in default shall, in addition to the penalties hereinbefore

mentioned, be liable to pay double the expense thereof which shall be recoverable in the

same manner as any penalty provided by this Ordinance.

Recovery of pen 4. And be it enacted that the penalties provided by this Ordinance shall be

alties.

recovered in a summary manner by proceeding to be had before the Chief, Marine, or

Assistant Magistrates of Police sitting singly, or before any two Justices of the Peace

for the said Colony of Hongkong.

[ Repealed by Ordinance No. 14 of 1845. ]

No. 6 of 1844.

Title. An Ordinance to authorize His Excellency the Governor of Hongkong to

refer all civil actions or suits to arbitration.

[ 20th March, 1844. ]

Preamble. HEREAS the accumulation of public business prevents His Excellency the

W Governor of Hongkong from being able to give his time or attention to the

hearing and decision of civil actions and suits, be it therefore enacted by His Excellency

Governorto make the Governor of Hongkong with the advice of the Legislative Council thereof : That his

order ofreference

to arbitration. said Excellency the Governor of Hongkong shall have full power and authority by any

order of reference, under his hand to refer all civil actions or suits whatsoever, whether

now pending, or hereafter instituted and also all matters in difference between the

parties thereto to the award, and arbitrament of such persons, and on such terms, or

conditions as shall be named, or set forth in the said order of reference.

.

:

ORDINANCES Nos. 6 AND 7 OF 1844 . 17

Evil actions - Arbitration. Usury Laws.

2. And be it enacted that the said order of reference shall to all intents and pur Order of refer

ence to be as

poses be as valid and effectual as if the parties named therein had consented thereto effectual as if

made by consent,

and that the same proceedings in every respect shall be had therein as if same had been and tobe deemed

a rule of Court.

duly made a rule of any competent Court of Judicature in England .

3. And be it enacted that any award made in pursuance of such order of reference Awardliable tobe

set aside.

shall be liable to be set aside by the said Governor in like manner as any award made

in pursuance of any order of reference made by any competent Court of Judicature in

England.

4. And be it enacted that the said power and authority hereby vested in the said Power herein

given tothe Gov

Governor shall cease and determine upon the arrival in the said Colony of, and the ernor to cease

on arrival of

Judge in the

assumption of his functions by any Judge of such Supreme Court of Judicature as shall be Colony.

hereafter erected in Hongkong.

[ Disallowed in C. O. D. , No. 26, 18th August, 1844. ]

No. 7 of 1844 .

An Ordinance for removing doubts respecting the application to Hongkong, Title.

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. ]

HEREAS it is expedient to remove all doubts respecting the application to Preamble.

WH 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, be it therefore enacted , and declared by His Excellency Declaring the

usury laws of

the Governor of Hongkong, with the advice of the Legislative Council thereof, that the England not to

be in force.

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.

2. And be it further enacted, that in all cases where interest for the loan of Not above 12 per

cent tobeallowed

in cases before

money, or upon any other contract, may be lawfully recovered, or allowed in any action, the Court where

no rate has been

or suit in any Court of law or equity, but where the rate of such interest hath not been previously agreed

upon.

previously 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 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.

[ Repealed by Ordinance No. 7 of 1886. ]

18 ORDINANCE No. 8 OF 1844.

Distillation of Spirits .

No. 8 of 1844.

Title.

An Ordinance for prohibiting the distillation of spirits within the Colony

of Hongkong .

[ 20th March, 1844. ]

Preamble. HEREAS it is expedient to prohibit the distillation of spirits within the Colony

Distillation of

spirits prohi W of Hongkong : Be it therefore enacted by His Excellency the Governor of

bited.

Hongkong, with the advice of the Legislative Council thereof, that 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 .

Nopersontokeep 2. And be it further enacted , and ordained, that from, and after the passing of

or use a still

ander a penalty this Ordinance, it shall not be lawful for any person, except as hereinafter is excepted,

of two thousand

ve hundred

dollars. to have, keep , or make use of any 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

hereinafter directed .

Apothecaries 3. And be it further enacted and ordained , that it shall and may be lawful for the

chemists and

druggists may * Chief Magistrate of Police for the time being, or other person to be appointed by the

have stills of

eight gallons

contents. Governor, for the time being, for that purpose, to issue a licence free of all charge, to

[ See Ordinance any apothecary, chemist, or druggist, applying for the same to keep and use on his

No. 6 of 1862. ]

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 sufficient sureties, in the sum

of one thousand dollars , that he will not make use of such still , or suffer it to be made

use of, except for the preparation of medicines, or other articles required bona fide for

medical purposes, and every such person found to have such still, without having

entered into such bond, and obtained such licence, shall forfeit, and pay a sum not

exceeding two thousand five hundred dollars.

Justice of the 4. And be it further enacted and ordained, that it shall and may be lawful for any

Peace, Officer of

Customs or other

person duly Justice of the Peace, Officer of Customs, or other person duly and lawfully authorized ,

appointed sns

pecting private having reasonable grounds to believe, and suspect that any private and concealed still,

distillation may

enter house or or other utensil, or vessel for the distillation of spirits, is set up, or kept , in any house,

place and seize

still. or place within the said Colony, or its dependencies, 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

::.

ORDINANCE No. 8 OF 1844 . 19

Distillation of Spirits.

the Peace shall direct, and the said still, or vessel, and all spirits, and other materials Such still abso

lutely forfeited

being prepared for distillation , shall be absolutely forfeited, and the proprietor, or proprietor or

owner of house

or person in

owner, or occupier of any house, or place, where any such private and concealed still, whose custody

still &c. is found

utensil, or vessel, shall be so found , and seized , or the person or persons in whose liable to penalty

of five hundred

custody, the same shall be found, shall be liable to, and pay the penalty, or sum of, not dollars.

exceeding five hundred dollars, exclusive of, and in addition to any other penalty, he

may be liable to , and if any person shall obstruct oppose molest or hiuder such Justice Obstructing

Justice or other

of the Peace, Officer of Customs, or other person aforesaid, in the due searching for, and officer.

seizing any such private, and concealed still, or other utensil, or other vessel , spirits, and

other materials for distillation, or in detaining, keeping, or removing the same, or any

of them after seizure, then, and in every such case, every person so offending, shall

forfeit a sum, not exceeding five hundred dollars. Penalty.

5. And be it further enacted and ordained, that in case any such Justice of the Justice or officer

empowered to

Peace, Officer of Customs, or other person as aforesaid, after having demanded admittance enter such house

or place.

into the house, or place where such private and concealed still, utensil, or vessel for the

distillation of spirits, is reasonably suspected to be kept and used, shall not be imme

diately, and without the least delay admitted into such house, or place, it shall, and And after

demand and not

may be lawful for such Justice of the Peace, Officer of Customs, or other person as afore admitted to

break therein.

said, being accompanied 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 house, or place, after

admittance demanded and refused , shall for every such offence forfeit, and pay a penalty, Penalty for

refusal.

not exceeding five hundred dollars.

6. And be it further enacted and ordained , that all fines , penalties, and forfeitures Recovery of

penalties.

imposed, and accruing under this Ordinance, 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.

7. And be it further enacted , and ordained that all fines , penalties, and forfeitures , Fines &e, to be

paid one halfto

which shall be levied, and enforced under this Ordinance, shall, after deducting the the Queen and

one half to the

witnesses &c.

charges of prosecution, from the proceeds thereof, be divided , paid, and applied as

follows ; that is to say, the moiety, or one half of the net 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 con

viction of the offender or offenders , in such portions, as the said Court, Chief Magistrate,

or Justices 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. [ Repealed by Ordinance No. 9 of 1864 and

new words substituted.]

[ Repealed by Ordinance No. 21 of 1886. ]

20 ORDINANCE No. 9 OF 1841.

Restraint of Trade in China.

No. 9 of 1844.

Title .

An Ordinance to restrain all persons within the Colony of Hongkong

from trading in the Empire of China to the northward of the 32d

degree of north latitude.

[ 16th April, 1844. ]

Preamble. HEREAS to secure the due observance of the treaties between 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.

Trade to the 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with

northward ofthe

24 degree of the advice of the Legislative Council thereof, that all trade whatsoever by any person

north latitude

to be unlawful.

within the Colony of Hongkong, in, to, or from any part of the coast of China, to the

northward of the 32d degree of north latitude, shall be, and is hereby declared to be

unlawful.

Conveying 2. And be it enacted , if any person within the Colony of Hongkong shall export

goods from

forbidden limits. or carry, or contract for exporting or carrying, or shall ship or embark, or contract for

[See Ordinance

No. 1 of 1846 ,]

shipping and embarking, from, to, or in the limits aforesaid, any treasure, goods , or

Fitting out merchandize whatsoever, or shall fit out, man, navigate, equip, despatch, use, employ,

vessels for

unlawful trade. 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

Lending money become security for, or contract for the lending or becoming security for the loan of

to be employed ,

in unlawful money, or effects employed, or to be employed in such trade as aforesaid , or shall

trade. Guaran

tecing agents.

knowingly and wilfully, become guarantee or security for, or contract for guaranteeing

any agent employed, or to be employed, in conducting such trade as aforesaid , or in

Engaging in any other manner engage, or contract to engage, directly or indirectly, therein as a

any manner in

unlawful trade.

Shipping goods partner, agent, or otherwise, or shall knowingly and wilfully ship, tranship, lade,

&e. Navigating

ship. receive, or put on board, or contract for shipping, goods, money, or effects, to be

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 supercargo, knowing that the vessel is employed , or intended

Insuring ship. to be employed in such unlawful trade as aforesaid, or shall knowingly 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

Penalties for persons so offending, shall forfeit to Her Majesty, Her Heirs and Successors, a sum

above offences.

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 3. And be it enacted , if any person shall enter and embark on board of any ship

seamen serving

on board ships

engaged in or vessel as petty officer, seaman, marine or servant or in any other capacity knowing

unlawfultrade

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,

···

ORDINANCE No. 9 OF 1844. 21

Restraint of Trade in China.

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 .

4. And be it enacted that if any person offending as a petty officer, seaman, Seamen giving

information to

marine, or servant, against any one of the provisions of this Ordinance, shall within be indemnitied

and rewarded.

one year after the offence, give information on oath before a competent Magistrate

against any person whatsoever, who shall have committed any offence against this

Ordinance, and shall 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 forfeited

sum of money as is hereinafter provided , and shall not be liable to any of the pains or

forfeitures provided by this Ordinance.

5. And be it enacted that the Superintendent of the Trade of Her Majesty's Superintendent

of Trade to

subjects in China, and no other person whatsoever, unless duly authorized by him, controlall

proceedings.

shall commence, institute, and conduct all proceedings, for any offence against this

Ordinance, which may be taken in Her Majesty's Courts in Hongkong.

6. And be it enacted that it shall be lawful for the Superintendent of the Trade Superintendent

of Trade to

of Her Majesty's subjects in China, so long as such Superintendent shall also be remit penalties

and to reward

informers and

Governor of the Colony of Hongkong, but not otherwise, to remit wholly, or in part, others.

any penalty or forfeiture provided by this Ordinance, and to award a part nct 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 conviction of such offender.

7. And be it enacted, that it shall be lawful for the commanders of any of Her Ships to be

seized.

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. [Amended by Ordinance No. 1 of 1846. ]

8. And be it further enacted , that all ships or vessels sailing under the British Ships liable to be

sold in satisfac

flag, which shall have been employed in any way so as to offend against the provisions tion ofpenalties

notwithstanding

any transfer of

of this Ordinance shall, together with their cargoes, be liable to be seized and sold , to property therein.

satisfy 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

22 ORDINANCES Nos . 9 AND 10 OF 1844.

Restraint of Trade in China. Justices ofthe Peace - Summary Jurisdiction.

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 .

[Amended by Ordinance No. 1 of 1846. ]

[ Suspended until amendment see C. O. D. , No. 58, 20th November, 1844. Repealed

by effect of H.M.'s Order in Council, 3rd March 1859, Government Notification, Gazette

of 9th July, 1859. ]

No. 10 of 1844.

Title. [See An Ordinance to regulate summary proceedings before Justices

Ordes, No. 6

of1847 ; No.5 of the Peace, and to protect Justices in the execution of their

of 1850 ; No.

16 of 1875] . office.

[ 10th April, 1844. ]

Preamble. HEREAS it is expedient and necessary to make provision for

Proceedings W

before regulating and for securing uniformity in summary proceedings

Justices.

before Justices of the Peace, and to afford due protection to Justices in

the execution of their office. Be it thereof enacted by His Excellency the

Governor of 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 Justices of the Peace for the Colony of

One Justice Hongkong, or in a summary way, and it shall be lawful for any one Justice

to adjudicate.

to receive the 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 appear

ing after having been duly summoned in manner hereinafter mentioned ,

*See Ord. and after sufficient time for his appearance and proof thereof on oath *

No. 2 of 1860. ] Justice or Justices as the case may be,

to the satisfaction of the

such Justice or any two or more Justices , as the case may require ,

shall and may proceed to examine into, and hear and determine the

matter in a summary way, and examine upon oath, all necessary wit

nesses produced , and give his or their judgment thereon , and in case

'

..

ORDINANCE No. 10 OF 1844. 23

Justices ofthe Peace - Summary Jurisdiction.

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 discretion

determine, then it shall be lawful for such Justice or Justices 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 , How penalties

to be levied .

and sale ofthe 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 other

wise 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 them ,

or any other Justice of the Peace, may by warrant commit such offender

to one of Her Majesty's gaols, with or without hard labour, there to remain Offender to be

committed.

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.

2. And be it further enacted , that in all cases in which no other Service of

summons on

raode of proceeding shall have been or or shall be in that behalf provided , witnesses and

others.

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 conspicuous part on the outside of such abode,

( such service being proved on the oath of the persons 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

24 ORDINANCE No. 10 OF 1844.

Justices of the Peace- Summary Jurisdiction.

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 ) . Provided that such summons

shall direct the party so to appear, at a time and place certain, to be

named in such summons .

Evidence to 3. And be it enacted that the Justice or Justices, before whom any

be takendown

and subscrib person may be convicted in manner aforesaid , shall take the evidence

.

ed by witness

and Justice. upon oath ofthe witnesses, both for, and against the defendant, and also

[*See Ord.

No.2 of1860.] the statement of the defendant himself, and shall put the same, or the mate

rial 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 herein

after directed.

Justice to 4. And be it enacted , that it shall and may be lawful for any Justice

issue warrant

for apprehen of the Peace, when any information shall be exhibited before him, and in

sion of

defendant in the opinion of such Justice it shall be fit and proper so to do , to grant a

certain cases.

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 of the Peace, as

the case may require , at a time and place to be named in such warrant .

Offenders 5. And be it enacted , that it shall be lawful for any person what

to be appre

hended and soever, to require any person , who shall commit in his presence any offence,

conveyed

before a Jus which is or shall be punishable in a summary way, to accompany him

tice of the

Peace. 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

..

ORDINANCE No. 10 OF 1844. 25

Justices ofthe Peace - Summary Jurisdiction.

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 pro

visions 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 exceeding 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 whatsoever, 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.

6. And be it enacted , that every Justice of the Peace, before whom Justice to

return con

any person shall be convicted in a summary manner, shall transmit such victions to

general

conviction, with the depositions and examinations hereinbefore directed to quarter

sessions.

be taken , to the next Court of general 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.

7. And whereas doubts may arise as to the application of divers acts Certiorari to

be allowed in

and statutes of the Imperial Parliament of Great Britain, whereby the all cases on

certain con

removal of convictions , orders , and other proceedings , had or made by or ditions.

[See Ord. No.

before Justices of the Peace, is denied and taken away . Be it enacted , 4 of1865 8.66;

Ord. No. 7of

that such acts and statutes aforesaid, as far as they relate to the non 1865 s. 98;

Ord. No. 8 of

removal of such convictions, orders, and other proceedings , shall be 1865 &. 62;

Ord. No. 10

deemed and taken not to extend to this Colony, or its dependencies , nor of 1865 x. 31. ]

to be in force within the same. Provided 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 Magistrates, 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 Judicature as may hereafter

be erected at Hongkong , in the sum of two hundred dollars, in addition

26 ORDINANCE No. 10 OF 1844 .

Justices ofthe Peace - Summary Jurisdiction.

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 favor, 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

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 of certiorari be

granted, issued forth , or allowed , unless it shall be moved and applied for

on special grounds , within one month next after such conviction , judg

ment , 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 ofthem , containing the ground of his or their objections,

to the end that such Justice or Justices may show 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

8. And be it further enacted , that if any person shall be summoned

appearing.

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 hundred 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, and shall be levied and distributed in the manner by this

Ordinance provided for other penalties.

Power to 9. And be it further enacted , that in all cases wherein any person

appeal and

manner shall be convicted in any penalty exceeding fifty dollars, or shall be

thereof.

See Ord. No. sentenced to undergo any imprisonment exceeding one month by any

4 of 1858.]

summary judgment or conviction of any Justice or Justices, under or by

virtue of any statute or ordinance, (and no other mode of proceeding

..

ORDINANCE No. 10 oF 1844 . 27

Justices ofthe Peace - Summary Jurisdiction.

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 convicting 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 Justices to

decide the

sessions so assembled , shall hear, and thereupon finally determine, the matter de

noro.

matter of every such appeal in a summary 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 assembled , 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.

10. And be it enacted that the person or persons to whom such writ Depositions to

be returned

of certiorari shall, or may be directed , shall, and he and they are hereby with certi

orari.

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

28 ORDINANCE No. 10 OF 1844 .

Justices of the Peace- Summary Jurisdiction.

examinations , and to make such order thereon , as the substantial merits

of the case may require.

Party 11. And be enacted if the Justice or Justices, upon the hearing of

acquitted or

convicted and any complaint in a summary manner, shall deem the offence not to have

having suffer

ed the punish been proved , or to be of so trifling a nature as not to merit any punishinent

mentawarded

To be released and shall accordingly dismiss such complaint, he, or they shall forthwith

from all

further pro make out a certificate under his or their hands , stating the fact of such

ceedings for

the same dismissal, and shall deliver the certificate to the party against whom such

cause.

complaint was preferred , and the party who shall have obtained such

.

certificate, or having been convicted 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 12. And be it enacted, that in all cases, except where a particular

conviction

defects of form of judgment or conviction shall have been, or shall be, by any such

form not to

vitiate any ordinance, directed to be used in that behalf, a judgment or conviction in

proceeding.

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 of facts in any further or more

particular manner, than shall be necessary to show 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

ORDINANCE No. 10 OF 1844. 29

Justices ofthe Peace -Summary Jurisdiction.

satisfaction for the special damage, if any, by an action on the case, and

in all cases whatsoever, reg: rd shall be had alone to the substantial

merits and justice of the case.

13. And for the protection of Justices, and others acting under Protection of

Justices.

their authority, be it enacted, that all actions and prosecutions to be com

menced against any Justice, or person acting under his authority, shall be

commenced within six months after the fact committed , and not other

wise ; 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 suflicient 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 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

plaintiff 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.

14. And be it enacted, that no action or suit shall be brought or Action

against Jus

instituted against any Justice of the Peace, for or on account of any con tices.

viction 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

30 ORDINANCE No. 10 OF 1844 .

Justices ofthe Peace- Summary Jurisdiction.

of such cause, that such acts were done maliciously and without probable

cause. Ꮧ

Action 15. And be it enacted that no action or suit shall be brought against

against pro

secutor. 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 information was laid and exhibited maliciously, and

without probable cause.

Government 16. And be it enacted , if any question shall arise, as to the right of any

Notification

sufficient person to exercise the office of a Justice of the Peace, that a Government

proof of right

to exercise Notification in any public newspaper, to the effect that such person has

office of Jus

tice of the taken the oaths , as a Justice of the Peace, shall ( in the absence of express

Peace.

proof that such Notification was unauthorized ) be deemed, and held suf

ficient proof of such right, in all proceedings whatsoever, and it shall not

be necessary to produce any commission , appointment, or any oath,

affidavit or other document, in proof of such right as aforesaid .

Governor to 17. And be it enacted , that it shall be lawful for His Excellency the

authorize fees

to be taken Governor in Council , to authorize the taking of such fees , in any proceed

by Justice.

ings 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 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 18. And be it enacted, that in some conspicuous part of each of the

to be hung up

in public public offices of the Justices within the said Colony, there shall be affixed

office.

a table of the fees, which may legally be taken at such offices respectively.

Justice to ac 19. And be it enacted , that the Justices at each of the public offices

count for and

pay over fees within the said Colony, and their clerks respectively, shall , in books to be

and penalties.

provided for that purpose, keep a full, true, and particular 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

ORDINANCE No. 10 OF 1844. 31

Justices ofthe Peace - Summary Jurisdiction.

received in pursuance of any adjudication , 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 Successors , and shall pay over the same to the Colonial Treas

urer, from time to time, as they may be required .

20. And be it further enacted , that in all cases where , by any ordi Distribution

of penalties.

nance, a 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 ad

judicated to be paid in the manner hereinafter 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 complain

ing, or who shall have suffered any damage from the act of theoffender,

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.

21. And be it enacted , that no person shall, by reason of the applica Witnesses not

to be rendered

tion of any penalty to his use, or of his being otherwise interested in the incompetent

by interest.

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.

22. And be it enacted , that in all cases where any complaint shall be Justice to

take recogni

made against any person , the Justice, by or before whom such complaint zance forgood

behaviour,

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 com

plaint, 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 .

23. And be it enacted, that from and after the taking effect of this Limitation of

prosecutions.

Ordinance, no person shall be liable to be convicted by any Justice, in a

summary manner as aforesaid , unless upon information laid, and had

before a Justice of the Peace, authorized to receive the same, within the

32 ORDINANCE No. 10 OF 1844 .

Justices of the Peace- Summary Jurisdiction.

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 Or

dinance had not been passed.

Interpreta 24. And be it enacted , that the word month , in this and all other or

tion of the

word month. dinances, shall be deemed to mean, a calendar , and not a lunar month .

Chinese offenders 25. And be it enacted , that in lieu of the whole, or any part of any penalty,

to be punished

according to

Chinese usage. provided by any law, statute , or ordinance whatsoever, 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. [ Repealed by Ordi

nance No. 16 of 1875. ]

SCHEDULE.

BEING THE FORM OF JUDGMENT OR CONVICTION BY THIS

ORDINANCE REFERRED TO.

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, as the 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 madefor an offence against any particular statute or ordinance, state it)

award, order, and adjudge, that (set forth the adjudication, and if awarding a penalty, as

follows) 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 distri

bution,) (or if a Chinese offender describe the substituted punishment) besides the costs and

charges of, and attending this conviction ( if given) which said costs and charges, I ( or

re) 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.

ORDINANCE No. 11 OF 1844. 33

Licensing Public Houses, &c.

No. 11 of 1844 .

An Ordinance for licensing Public Houses, [ " and certain games" as amended Title.

[See Ordes, No.

4 of 18: 3 and

by Ordinance No. 7 of 1858 ] and for regulating the retail of fermented , No. 10 of 1868.]

and spirituous liquors in the Colony of Hongkong.

[ 1st May, 1844. ]

HEREAS it is expedient to provide for the licensing of public houses , and Preamble,

W 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.

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 fermented 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 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 time of such conviction. Provided always , that nothing in this Not to extend to

apothecaries.

Ordinance 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 medicinal purposes . [ Amended by Ordinance No. 4 of

1853.]

2. And be it further enacted , that every license, granted for selling and retailing Licenses to le

valid forone year.

liquors as aforesaid , under the provisions of this Ordinance, shall be valid for one year,

from the granting of the certificate hereinafter mentioned, and no longer. [ Amended

by Ordinance No. 10 of 1868. ]

3. And for the better preventing the granting licenses to unfit or improper persons, Forms to be

observed by

be it further enacted, that every person, desirous of obtaining a license for keeping a persons applying

for licenses.

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 application 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,

34 ORDINANCE No. 11 of 1844 .

Licensing Public Houses, &c.

or unmarried, together with the names, residence, 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 4. And be it enacted , that the Chief Magistrate of Police may appoint, from time

of Police togrant

certificates. 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 Hong

kong, and its dependencies , and it shall be lawful, for the said Chief Magistrate of

Police, to grant to such persons, after taking the required recognizances, 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. Pro

vided always, that in case of disagreement, concerning the granting, or with -holding

such licenses, the power of granting, or with-holding, the same, shall be at the time

vested in the said Chief Magistrate of Police, and that all Justices, dissenting from 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 .

Applicant to 5. And be it further enacted , that every person applying for a license shall, before

enter into

recognizance

before certificate the Chief Magistrate of Police deliver to him or her a certificate as aforesaid, to

shall be granted.

authorize the issue of such license, enter into a recognizance in the form , and with the

conditions, contained in the schedule hereunto annexed, marked C., with two sureties.

in the sum of three hundred dollars each, and all such recognizances with their con

ditions, shall be regularly recorded .

Proviso for 6. And be it further enacted, that in case any person , desirous of obtaining such

persons

prevented from certificate for a license, shall be hindered by sickness or infirmity, or by any other

appearing by

illness.

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 favourof 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 recog

nizance.

Certificate to le 7. And be it further enacted, that every certificate which shall be granted by the

Jedged with

Colonial said Chief Magistrate, to authorize the issuing of a license as aforesaid, shall after the

Treasurer who

willgrant a

license. passing of this Ordinance, be 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

ORDINANCE No. 11 OF 1844. 35

Licensing Public Houses, &c.

other office as may hereafter be appointed by the said Governor for that purpose, within

fourteen days after the date of such certificate, and the said Colonial Treasurer, or other

officer who may hereafter be appointed for that purpose, shall and he is hereby author

ized 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 same in his office, upon payment being made to the said Colonial Treasurer or other

officer of the sum of fifty dollars [ $100 as amended by Ordinance No. 4 of 1845 ] for

every such license. [ Amended by Ordinances No. 7 of 1858 and No. 10 of 1868. ]

8. And be it further enacted, that it shall, and may be lawful to, and for the The Governor

may order

licenses, for

Governor of the said Colony, to allow, and authorize the said Colonial Treasurer, or houses, not

nearer than two

other officer as aforesaid, to issue a license, or licenses, to any person, duly qualified , miles to the

town of Victoria.

who shall have obtained the required certificate, from the said Chief Magistrate, herein

before 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. [ Amended by Ordinance No. 7 of 1858. ]

9. And be it enacted, that it shall be lawful for the said Chief Magistrate, at such ChiefMagistrate

to transfer

days hereinbefore mentioned , to transfer the license of any house, licensed as aforesaid, licenses.

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 recognizances as the

original party obtaining the same, is , by this Ordinance, bound to give, produce, and

enter into.

10. And be it further enacted, that the executor or administrator, or the trustees Executors or

trustees may

in case of the insolvency of any person holding a license under this Ordinance, shall hold license for a

certain time.

be entitled to carry on the business of the house so licensed as aforesaid , without

renewing the said license, during six months, (if the license 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 wlíom the same

was originally granted, and that a new recognizance be entered into by such executor

administrator, or trustees, according to the provisions of this Ordinance.

11. And be it further enacted, that in case any person having duly obtained a Persons desirous

of removing

license as aforesaid, shall either from necessity, by accident to the house in such license licenses to other

premises to

memorial the

stated, or from any other cause, be desirous to remove his business from the house Justices.

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

36 ORDINANCE No. 11 OF 1844.

Licensing Public Houses, &c.

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 licence ; 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 12. And be it further enacted , that the said Chief Magistrate shall transmit to the

to transmit lists

ofthe certificates Colonial Treasurer for the time being, within ten days after the granting of such

granted by him

to the Colonial

Treasurer. certificates as aforesaid, a list sigued 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 tohave 13. And be it further enacted, that every person, who shall be licensed to keep a

their names &c .

painted on their public house shall, and is hereby required , to have his or her name at length painted

premises.

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 accommodation for the use of the customers thereof,

in order to prevent nuisances or offences to decency.

Unlicensed 14. And be it further enacted, that if any person, not actually holding a license ,

persons, keeping

up a sign, &c. to shall keep up any sign , writing, painting, or other mark, on or near to his house, which

be fined.

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 mauner.

Penalties, and 15. And be it further enacted, that if any licensed person shall offend against the

disabilities for

licensed persons

offending. tenor of his or her license, or shall in any 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

ORDINANCE No. 11 OF 1844. 37

Licensing Public Houses, &c.

licensed person, and the Justices of the 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 information 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 thereupon 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 .

16. Provided always, and be it further enacted, that no recognizance shall be Recognizances

not to be

declared forfeited, unless upon such adjudication by the said Court of general sessions forfeited until

the third convic

tion and to be

upon such third or subsequent conviction , and in every proceeding under this Ordinance, evidence ofbeing

licensed.

against a person as a licensed publican , the production of his or her recognizance, shall Publicans infor

med against

be evidence , of his or her being such licensed publican, and if such licensed person so not appearing.

complained of, or informed against, for such third or subsequent offence shall not appear

at such next general sessions, pursuant to the summons, it shall be lawful for the 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.

17. And be it further enacted , that no licensed person, shall maintain any action Debts for spirits

not recoverable

for, or recover any debt , or demand , on account of spirituous liquors, unless such debt unless contracted

for at one time.

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 spirituons liquors . Provided always that nothing herein contained shall Not to prevent

inn-keepers

extend to prevent inn-keepers from keeping an account with lodgers and travellers in having accounts

with lodgers.

which any charge for spirits may be included, and recovering the amount thereof, in a

Court of Justice.

18. And be it further enacted, that if the keeper or occupier of any public house Publicans shall

sell liquors for

licensed as aforesaid, shall take or receive from any person whomsoever in payment, or money only.

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

38 ORDINANCE No. 11 OF 1844 .

Licensing Public Houses, &c.

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 ,

independently 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 quan 19. And be further enacted, that every keeper of a licensed house shall sell,

tities above half

a pint to be sold

according to the or otherwise dispose of all liquors by retail (except in quantities less than a half pint , )

standard

measitre. 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 be shall for every such offence forfeit the illegal measure ,

and pay a sum not exceeding fifty dollars, in a summary way.

Stranger's goods 20. And be it further declared and enacted , that every house licensed as herein

in licensed houses

not liable for rent provided, shall be considered as a common inn, and no goods, or chattels whatsoever,

or any other

c'aim against

such houses. bona fide the property of any 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 chattles 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 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.

Justices , or 21. And be it further enacted, that it shall be lawful for any Justice of the Peace,

constables

anthorized or any constable generally authorized by a Justice of the Peace in that behalf, to demand

may enter public

houses at all

times. entrance into any 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.

ORDINANCE No. 11 OF 1844. 39

Licensing Public Houses, &c.

22. And be it further enacted , that if any licensed person shall abandon the Penalties for

publicans

occupation of his or her licensed house, as his or her usual place of residence, and abandoning the

occupation or

management of

permit any person whatsoever, to manage , superintend , or conduct the business , of such their houses.

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.

23. And be it further enacted, that if any licensed person shall employ any Or employing

unlicensed person

unlicensed person to sell, or dispose of by retail as aforesaid, any such liquors as to retail liquors

ont of their

houses or dis

aforesaid in any house, or in any cart dray or other carriage, or in any vessel or boat, posing of

them for that

or in any place whatever out of the licensed house of such licensed person , or if any purpose.

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.

24. And be it further enacted, that no ale, beer, wine, cider, ginger beer, spruce No liquors to be

retailed where a

beer, brandy, rum , or any other fermented , or spirituous liquors, shall be sold or retail shop is

kept.

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 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 liquors as aforesaid by retail without a license, contrary to the

provisions of this Ordinance.

25. And be it further enacted, that if any unlicensed person shall sell, or deliver Persons selling

two gallons of

any such liquors in a quantity exceeding two gallons, with an understanding that part liquors with an

understanding

thereof shall be returned, so that after such part shall have been returned , the quantity that part shall be

returned.

actually sold, or delivered shall be under two gallons , then and each of such cases such

retail shopkeeper, dealer, or person , shall upon 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 Penalty.

as aforesaid by retail without a license, contrary to the provisions of this Ordinance.

[Five new sections added by Ordinance No. 7 of 1858 and following sections renumbered

as in brackets.]

26. (31. ) And be it further enacted, that it shall and may be lawful for any Justice Liquors hawked

about to be seized

and condemned.

-of the Peace, constable or other peace officer, to seize and take away, or to destroy , or

cause to be seized taken away, or destroyed , all such spirituous or other liquors as

aforesaid, as shall be hawked about , or exposed to sale, in any street road foot- path or

40 ORDINANCE No. 11 OF 1844.

Licensing Public Houses, & c.

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 law ul 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 pro

secute.

If besected 27. (32. ) And be it further enacted, that upon information on oath being made

that Fiptors are

retailed in any

unlicensed house before any Justice of the Peace, by any constable, or credible person, that he or she

they may be

seized, and if doth verily suspect and believe that any such liquor, or liquors as aforesaid, is or are ,

afterexamination

it shall so appear or have been sold, or retailed , in any particular unlicensed house, or other unlicensed

they shall be

forfeited. place, and such other constable, or other persons shall in such information set forth

and show 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 constable 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 the 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 inquiry

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.

What deemed 28. (33. ) And in order to remove any doubts which may arise as to what may con

evidence of

retailing without

license. stitute, or establish a selling, or disposing by retail of liquors contrary to the true intent

and meaning of this Ordinance: Be it further enacted , that the delivery of any such

ORDINANCE No. 11 OF 1844 . 41

Licensing Public Houses, &c.

* [*Amended by

spirituous, or other liquors as aforesaid in any quantity less than two gallons shall

Ord. No. 7 of

be deemed and taken to be good and sufficient primâ facie evidence of money, or other 1838.]

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

satisfaction of the Magistrate, Justice or Justices , hearing the case.

29. (34.) And be it further enacted, that in all proceedings whatsoever, against any In proceedings

the proof ofbeing

licensed to lie

person for retailing, or permitting or suffering to be retailed , any such liquors without with the party

charged.

a license, such person, shall 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 satisfactory proof of his, or her being a licensed person.

And every licensed person as aforesaid, shall on demand at his, or her licensed house, Pablicans to

produce their

licenses to

produce his , or her license to any Justice of the Peace, or any constable authorized by Justices on

demand.

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.

30. (35.) And be it further enacted, that if any person be convicted of keeping a Disorderly

houses may be

searched for six

disorderly house, or of unlawfully retailing any such liquors as aforesaid , the house and months after

conviction.

premises of such person, and the house, lodging, shop, or warehouse, where such

offence shall have been committed, and any court or yard connected therewith, shall

be liable to be searched, at any time of the day, or night, by any constable, or consta

bles, or other peace officer or officers, with, or without warrant, for six months next

after such conviction . Provided 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 , court yard ,

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.

31. (36.) And be it further enacted, that whenever any Justice of the Peace, or Persons drinking

in unlicensed

houses to be

any chief, or other constable shall find any person, drinking in any house, shop, store apprehended.

house, 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 fer

mented, 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 exceeding 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.

42 ORDINANCE No. 11 OF 1844.

Licensing Public Houses, &c.

Payment of 32. (37.) And be it further enacted, that any master or other person employing

wages where

liquors are sold. 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.

Recovery of fines And be it enacted, that fines and penalties herein mentioned shall (except where it is

and penalties.

otherwise specially provided) be recovered before any Magistrate of Police sitting singly, or

any two, or more Justices ofthe Peace, in the manner provided 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." [Repealed by Ordinance No. 7 of 1858. ]

As to licensesnot 33. And be it further enacted , that until the said first day of July, every license

completed or

issued before

commencement hitherto issued in Hongkong shall be deemed and taken to have issued , and shall have

ofthis Ordinance.

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, provisoes,

conditions , powers , jurisdictions, fines, forfeitures, penalties , and proceedings , as herein

before provided, with respect to licenses issued , and all other things directed in respect

thereof, and by virtue of this present Ordinance. [ Repealed by Ordinance No. 7 of 1858.]

[ New Sections 38 to 40 added by Ordinance No. 7 of1858. The whole Ordinance

except sections 38 & 39 repealed by Ordinance No. 21 of 1886. Sections 38 & 39

repealed by Ordinance No. 21 of 1887.]

SCHEDULES

TO WHICH THIS ORDINANCE REFERS.

( 4.)

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 meet

ing 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 proposed to be licensed, specifying the situation of it ; the person ofwhom

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 a

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

ORDINANCE No. 11 OF 1844. 43

Licensing Public Houses, &c.

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

ofan ordinance of the Governor and Council intituled " An Act for licensing Public Houses, and regu

lating 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.

(C)

Form of a 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,

44 ORDINANCE No. 11 OF 1844.

Licensing Public Houses, &c.

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 situated 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 intoxication , 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

bonâ 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 authorizing 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 recog

nizance 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 situated 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. 0. L. S.

Colonial Treasurer,

Registered P. Q.

ORDINANCE No. 12 OF 1844 . 45

Police Force Regulation .

No. 12 of 1844.

An Ordinance for the establishment and regulation of a Police Force in Title.

the Colony of Hongkong.

[ 1st May, 1844. ]

HEREAS it is expedient that provision should be made for establishing an Preamble.

W effective system of police, within the Colony of Hongkong : Be it enacted, Governor to ap

point Chief

that it shall, and may be lawful for His Excellency the Governor of Hongkong, to marine and

assistant Magis

nominate, and appoint a proper person to be Chief Magistrate of Police, throughout trates and Super

intendent of

Police & c.

the Colony 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 Magistrates, and

Superintendent of Police, shall on his appointment to such office, forthwith take before

any two Justices of the Peace at Hongkong, the oaths required to be taken by Justices Oaths to be

taken.

of the Peace in Hongkong aforesaid , and also the oath hereinafter contained, and shall

thereupon become and be, without further qualification or appointment, and continue

so long as they shall hold the said offices, but no longer, Justices of the Peace for the

Colony of Hongkong.

"I do swear that I will well and truly serve our Oath.

"Sovereign Lady the Queen in the office of Chief or assistant, or marine Magistrate,

"or Superintendent of Police (as the case may be) " without favor, 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 Superintentent 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.

2. And be it enacted, that a sufficient number of fit and able men shall from time Policemen

appointed to

to time be appointed by the Governor, as a Police Force for the whole of the Colony of have power of

constubies.

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

46 ORDINANCE No. 12 OF 1844 .

Police Force Regulation.

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 statute, 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 Magistrate, and Superintendent of Police, or any other inferior officers, who

may at any time be appointed over them.

Chief Magistrate 3. And in order to provide for one uniform system of rules and regulations ,

to make rules

with approbation throughout the whole establishment of Police in Hongkong: Be it enacted, that the

of the Governor.

[ See Ordinance said Chief Magistrate may from time to time, subject to the approbation of the Governor

No. 6 of 1857.]

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 members , 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 , or cease to

belong to the said Police Force, all powers vested in him as a constable by virtue of this

Ordinance, shall immediately cease and determine.

Constable not to 4. And be it enacted, that no constable to be appointed under this Ordinance,

resign without

notice, and pen shall be at liberty to resign his office, or withdraw himself from the duties thereof,

alty thereon.

unless expressly authorized 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 summary proceedings before

" Justices of the Peace, and for the protection of Justices in the execution of their

"Office."

Constable ceas 5. And be it enacted, that when any constable to be appointed under this

ing to be such to

deliver up arms Ordinance, shall be dismissed from , or shall cease to hold, and exercise his office, all

clothes &c.

penalty in default powers, and authorities vested in him as a constable, shall immediately cease and

thereof.

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 ammunition , and accoutrements , horse ,

ORDINANCE No. 12 OF 1844 . 47

Police Force Regulation.

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 to be 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 authorized 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.

6. And be it enacted, that if any constable to be appointed under this Ordinance, Penalty for

constable remiss

shall be guilty of any neglect, or violation of duty in his office, or shall neglect or refuse in his duty .

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 conviction 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.

7. And be it enacted, that if any person , not appointed and acting under this Penalty in per

son having in his

Ordinance, shall have in his possession any arms, ammunition , or any article of clothing possession arms

belonging to or

assuming the

accoutrements, or appointments supplied to any person under this Ordinance, and shall dress ofthe Police

Force.

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 may 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.

8. And be it enacted , that it shall and may be lawful to and for the said Chief, Governor may in

stitute inquiries

marine, or assistant Magistrate, or the Superintendent of Police, or either or any of into conduct

of policemen on

them, or any other person or persons , to be nominated for the purpose from time to oath.

time by the Governor, to examine on oath into the truth of any charges of 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

48 ORDINANCE No. 12 OF 1844.

Police Force Regulation.

False oath who on such inquiry, or on any other occasion on which an oath may be administered

punishable as

perjury. under this Ordinance, shall give false evidence, or take a false oath, and be thereof

duly convicted , shall be deemed guilty of wilful and corrupt perjury, and shall be

liable to such pains and penalties, as persons convicted of wilful and corrupt perjury

are or may be subject and liable to .

Common report 9. And be it enacted , that if any question arise as to the right of any Chief,

to be proof ofthe

right of any per

son to exercise marine, or assistant Magistrate, or Superintendent of Police, or any serjeant, or

any office under

this Ordinance. other inferior officer, or of any common 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 10. And be it enacted , that all fines imposed on any serjeant, or other inferior

on policemen to

form a Reward

Fund. 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

Governor may person at his death. And that it shall and may be lawful for the Governor to direct,

deduct portion of

salary to increase if he shall think fit, that any proportions not exceeding ten shillings in the year, for

Reward Fund.

every one hundred pounds of the salary of every person appointed under this Ordi

nance, and so in proportion for any salary less than one hundred pounds, shall be

deducted yearly from such salaries, and added to the Reward Fund and form part

thereof.

Policeman in 11. And be it enacted, that where any person, charged with any misdemeanor

chief command

at any station to or petty felony , shall be brought without a warrant of a Justice of the Peace, into the

take bail.

custody of any serjeant of Police, or any other inferior officer of Police, in actual chief

command at any Police station , it shall be lawful for such serjeant, 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 misdemeanor, 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 proceed

ings 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,

ORDINANCE No. 12 OF 1844 . 49

Police Force Regulation.

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 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, as of recognizances Recognizance

of bail to be

forfeited in the said Court, and if the party not appearing shall apply by any person estreated.

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 recog Recognizance

ofbail may be

nizance to such further time as he shall appoint, and when the matter shall be heard enlarged.

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

appearance of the party before a Justice shall be discharged without fee or reward.

12. And be it enacted, that the Chief Magistrate of Police, subject to the Constables to

attend Magis

approbation of the Governor for the time being, shall from time to time direct a trates.

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.

13. And when any warrant, order, or command of any Magistrate, shall be Name of con

stable appointed

delivered or given to any constable, serjeant, or other inferior officer of Police , he to execute war

rant to be indor

sed thereon.

shall, if the time will permit, show or deliver the same to the Superintendent of Police,

or other officer, (under whose immediate command such constable, serjeant, or other

inferior officer of Police, shall then be) , and such Superintendent , or other officer, shall

nominate and appoint by indorsement 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 Superintendent, 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.

14. And be it enacted, that when any action shall be brought against any Constable not

to be liable to

constables, or inferior officer of Police, for any act done in obedience of the warrant of action on proof

of signature of

Magistrate.

any Magistrate, such constable, or inferior officer of Police, shall not be responsible for

any irregularity 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

50 ORDINANCES Nos. 12 AND 13 OF 1844 .

Police Force Regulation. Chinese Peace Officers Regulation.

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 15. And be it enacted, that the Chief, marine, and assistant Magistrates, the

from serving on

juries. 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 pub 16. And be it enacted, that if any victualler, or keeper of any house, shop,

lican harbour

ing policemen.

room, or other place, for the sale of any liquors, whether spirituous or otherwise, shall

knowingly harbour or entertain 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 per 17. And be it enacted, that if any person shall assault, or resist any person

sons obstructing

or refusing to belonging to the said Police Force, in execution of his duty, or shall aid, or incite any

assist policemen

in the execution

oftheir duty. person, so to assault, or resist, 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 .

[ So much as relates to the charging or investing the Chief Magistrate of Police

with any direction or superintendence of or control over the Police Force established

by the ordinance other than such control as any other Magistrate or Justice of the

Peace may in his magisterial capacity exercise, repealed by Ordinance No. 6 of 1857.

All repealed by Ordinance No. 9 of 1862. ]

No. 13 of 1844 .

Title. [See Ord. An Ordinance for the appointment and regulation of Native Chinese Peace

No. 3 of 1853.]

Officers (Paouchong and Paoukea ) within the Colony of Hongkong.

[ 31st May, 1844. ]

Preamble. HEREAS it is expedient to adopt and preserve such Chinese Institutions as

WH tend to the preservation of peace, and good order : Be it therefore enacted ,

by His Excellency the Governor of Hongkong, with the advice of the Legislative

ORDINANCE No. 13 OF 1844 . 51

Chinese Peace Officers Regulation.

Council thereof, that it 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.

2. And be it enacted , that the said Peace Officers shall be elected , and recommended Governor to

appoint neces

for the office, in such mode as His Excellency the Governor may determine, by the sary number of

Peace Officers.

Officers to be

inhabitants of the several towns, hamlets , districts , or divisions in the said Colony. elected by in

habitants subject

Provided always, that nothing herein contained shall render it compulsory on His said to the approval

of the Governor.

Excellency the Governor to appoint the persons so elected , or recommended for such [See Ord. No. 3 of

1853.]

office, or to prevent him from appointing such other fit persons as he may deem

expedient.

3. And be it enacted , that the said Peace Officers as appointed (Paouchong and Officers to be

constables and to

Paoukea) shall have the same authorities, privileges, and immunities, as any constable act in accordance

with the laws of

China.

of the Police Force of the Colony 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.

4. And be it enacted, that the Chief Magistrate of Police, with the approbation Chief Magistrate

to make rules and

of the Governor in Council, shall make rules and regulations to be observed by the officers to

conform thereto.

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 .

5. And be it enacted, that any such officer as aforesaid , who shall be guilty of any Officers guilty of

misconduct liable

to a fine of two

disobedience of such rules or orders as aforesaid or of any neglect or misconduct hundred dollars.

in the execution or pretended execution 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.

6. And be it enacted, that the said officers so appointed , shall receive such Officersto receive

rewards for good

occasional rewards for good conduct, and shall wear such honorable badge of their conduct and wear

badge.

office, as may hereafter be appointed by His Excellency the Governor of Hongkong.

7. And be it enacted, that if any such officer as aforesaid, shall be guilty of gross Officer guilty of

gross misconduct

misconduct in his office, he shall, in addition to paying such fine as aforesaid, be to be dismissed

with ignominy.

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.

[Repealed by Ordinance No. 6 of 1857. ]

52 ORDINANCE No. 14 OF 1844.

Public Gaming.

No. 14 of 1844.

Title. An Ordinance for the suppression of Public Gaming in the Colony of

Hongkong .

[ 10th June, 1844. ]

Preamble. HEREAS it is expedient to suppress the pernicious practice of public gaming

W in the Colony of Hongkong : Be it therefore enacted by His Excellency the

Governor of Hongkong, with the advice of the Legislative Council thereof, that any

person who shall for gain or lucre keep any house, room, or place , boat, vessel, or any

Penalty on person place on land or water, for public playing or gambling, or shall permit any person to

keeping a

gambling house.

play within such house, room, boat, vessel, or any place on land or water as aforesaid,

shall forfeit a sum not exceeding two hundred dollars on conviction thereof in a

summary manner.

Penalty on 2. And be it enacted, that any person who shall use, haunt, or be found within

persons haunting

gambling houses. such house, room, boat, vessel, or any place on land or water as aforesaid , shall forfeit

a sum not exceeding fifty dollars on conviction thereof in a summary manner.

Person acting as 3. And be it enacted that the person appearing, or acting as master, or as having

master to be

liable to penalty. the care and management of any such house, room, or place as aforesaid, shall be taken

to be the keeper thereof, and shall be liable as such to the penalty aforesaid.

Justice ofthe 4. And be it further enacted that it shall be lawful for any Justice of the Peace

Peace or consta

ble authorized or constable of the Police duly authorized by warrant of any Justice of the Peace, to

by warrant to

enter into house enter and if necessary to break into any house, room, boat, vessel, or any place either

and seize imple

ments of gaming

money &c., which on land or water, within which such Justice of the Peace shall be credibly informed

shall be forfeited.

on oath, or shall have reasonable grounds of his own knowledge to suspect and believe

that public gambling or playing is, or has 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 monies 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 5. And be it enacted, that all penalties herein mentioned, shall be recovered

recovered

according to the levied and distributed on conviction of the offender before any Magistrate of Police,

rovisions of

Ordinance No. 10

of 1814. or any two Justices of the Peace, in the manner provided by Ordinance No. 10 of 1844.

[ Repealed by Ordinance No. 9 of 1876. ]

ORDINANCE No. 15 OF 1844 . 53

Supreme Court.

No. 15 of 1844.

An Ordinance to establish a Supreme Court of Judicature at Hongkong. Title.

[ 21st August, 1844. ]

1. Be it enacted and ordained by the Governor of Hongkong, with the advice of Former Court at

Hongkong

the Legislative Council thereof, that from and after the passing of this Ordinance, the abolished.

Court at Hongkong with Criminal and Admiralty Jurisdiction, which has hitherto been

holden by the Chief Superintendent, shall be, and it is hereby abolished.

2. And be it further enacted and ordained , that there shall be within and for the A Supreme Court

of record to be

Colony of Hongkong a Court, which shall be called " The Supreme Court of Hongkong ," instituted

therein.

and that the said Supreme Court of Hongkong shall be a Court of Record.

3. And be it further enacted and ordained, that the law of England shall be in How far the law

of England to

full force in the said Colony of Hongkong, except where the same shall be inapplicable prevail.

to the local circumstances ofthe said Colony, or of its inhabitants ; Provided nevertheless ,

that in all matters and questions touching the right or title to any real property in the

said Colony, the law of England shall prevail, and that no law shall be recognized in

the said Colony, which shall in any way derogate from the sovereignty of the Queen of

England : Provided also, that in all matters relating to the practice and proceedings of

the said Supreme Court, and not hereinafter provided for by this Ordinance, the

practice of the English Courts shall be in force, until otherwise ordered by any rule

of the said Court : Provided also, that in all criminal proceedings arising or being

within the jurisdiction of the said Court, where the party or parties proceeded against

shall be of Chinese origin or extraction, then, and in every such case, it shall be lawful

for the said Court, in its discretion, to punish the offender or offenders according to

the laws of China.

4. And be it further enacted and ordained, that the said Supreme Court of Constitution of

Court.

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 .

5. And be it further enacted and ordained , that the said Supreme Court of Seal ofthe Court.

Hongkong 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

54 ORDINANCE No. 15 OF 1844.

Supreme Court.

other process issuing out of the Court shall be sealed therewith ; Provided that, until

such seal can be procured , such writs and process shall be valid if signed by the Registrar.

Judgesto hold no 6. And be it further enacted and ordained, that no Judge of the said Supreme

other offices of

profit. Court of Hongkong shall be capable of accepting, taking, or performing, 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 of the 7. And be it further enacted and ordained , that there shall be and belong to the

Court.

said 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 Chief Justice of the said Court

Appointment for the time being, shall from time to time appear to be necessary for the administration

and removal of

inferior officers. of justice, and the due execution of all the powers and authorities which are granted

and committed to the said Court by this Ordinance ; and that all persons who shall or

may be appointed to any subordinate office within the said Supreme Court of Hongkong,

shall be so appointed by the Chief Justice of the said Court for the time being, and

shall be removable at the discretion of the said Chief Justice : Provided nevertheless,

that no new office shall be created in the said Court, unless the Governor, or Acting

Governor for the time being, of the said Colony, shall first signify his approbation

thereof to the said Chief Justice for the time being, in writing, under the hand of such

Governor, or Acting Governor as aforesaid.

Superior officers 8. And be it further enacted and ordained, that the several superior officers of

howto hold office.

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 Majesty, subject to suspension by the Governor, in like manner as other

officers in the said Colony ; and that all other superior officers, appointed with the

approbation of the Governor as aforesaid, shall be removable from their several offices

in the said Court by the Governor, upon reasonable cause.

Admission of 9. And be it further enacted and ordained, that the said Supreme Court of

barristers and

attornies. Hongkong is hereby authorized and empowered, to approve, admit, and enrol such

and so many persons having been admitted barristers at law, or advocates in Great

Britain and Ireland , to act as barristers and advocates ; or having been admitted

writers, attornies, or solicitors, in one of the Courts at Westminster, Dublin, or

Edinburgh, or having been admitted as proctors in any Ecclesiastical Court in England,

to act in the character of proctors, attornies, and solicitors in the said Court ; and

which persons so approved , admitted, and enrolled as aforesaid, shall be, and are hereby

authorized to appear, and plead, and act, in their several respective characters , for the

suitors of the said Court, subject always to be removed by the said Court, from their

respective stations therein, upon reasonable cause : and it is hereby further enacted

and ordained , that no other person or persons whatsoever shall be allowed to appear,

and plead, or act in the said Supreme Court of Hongkong for, and on behalf of such

suitors, or any of them.

ORDINANCE No. 15 OF 1844 . 55

Supreme Court.

10. And be it further enacted and ordained, that in case there shall not be a Fit persons to be

admitted to

sufficient number of such barristers at law, advocates, writers , attornies , solicitors , and practise for three

months in case of

proctors within the said Colony, competent and willing to appear, and act for the necessity.

suitors of the said Court, then, and in that case, the said Suprene Court of Hongkong

shall, and is hereby authorized to admit temporarily so many other fit and proper

persons to appear and act as barristers, advocates, proctors, attornies, and solicitors as

may be necessary, according to such general rules and qualifications as the said Court

shall, for that purpose , make and establish : Provided always that the persons so

admitted, shall be admitted for a period of three months only, and shall not be readmitted

without obvious necessity.

11. And be it further enacted and ordained , that the sheriff of Hongkong for the Sheriff of

Hongkong to

time being, shall by himself or his sufficient deputy to be by him appointed execute writs

and process.

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 hereby authorized to execute, all the writs, summonses, rules, orders, warrants,

commands, and processes of the said Supreme Court of Hongkong, and make a return

of the same, together with the manner of the execution thereof, to the said Supreme

Court of Hongkong, and to receive, and detain in prison , all such persons as shall

be committed to the custody of such sheriff by the said Supreme Court of Hongkong.

12. And be it further enacted and ordained, that whenever the said Supreme Process against

sheriff.

Court of Hongkong 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 Supreme Court of Hongkong 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 proceedings shall be suggested and entered on the records of the said Court.

13. And be it further enacted and ordained , that the said Supreme Court shall Jurisdiction of

Court: legal.

have the same jurisdiction in the said Colony of Hongkong and its dependencies, as

Her Majesty's Courts of Queen's 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.

14. And be it further enacted and ordained , that the said Supreme Court shall be Equitable.

a Court ofEquity, 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 of

the Lord High Chancellor of England, 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 .

15. And be it further enacted and ordained, that the said Supreme Court shall be Ecclesiastical.

a Court of Ecclesiastical jurisdiction , with full power to grant probates, under the seal of

56 ORDINANCE No. 15 OF 1844.

Supreme Court.

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 adminis

tration, 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 depen

dencies, 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 any 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 whatsoever 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 16. Provided always, and be it further enacted and ordained , that the said

power of

revocation. Supreme Court, in such cases as aforesaid, is hereby authorized 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.

Court to grant 17. And be it further enacted and ordained, that the said Supreme Court shall

letters of

administration grant and commit such letters of administration to any one or more of the lawful next

to next of kin or

to the Registrar. of kin of such person so dying as aforesaid, being then resident within the jurisdiction

of the said 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 administra

tion to be granted by the said Court, shall be limited to such money, goods, chattels,

credits, and effects as the deceased person shall be entitled to within the said Colony

of Hongkong and its dependencies.

Administrator to 18. And be it further enacted and ordained, that every person to whom such

enter into bond.

letters of administration shall be committed shall, before the granting thereof, give

sufficient security, by bond to be entered into to Her Majesty, Her Heirs and Suc

cessors, for the payment of a competent sum of money, with one, two, or more solvent

sureties, respect being had in the sum therein to be contained, and in the ability of the

sureties, to the value ofthe 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

ORDINANCE No. 15 OF 1844 . 57

Supreme Court.

condition of the said bond shall be to the following effect " That if the above bounden Condition of

bond.

"administrator of the goods, chattels, and effects of the deceased do make, or cause to

"be made a true and perfect 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 said Supreme Court of

" Hongkong, at or before a day therein to be specified ; and the same goods, chattels ,

"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

66' persons for him, shall well and truly administer according to 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 shall be lawfully required ; and all the rest and residue of the said goods, chattels ,

"credits, and effects which shall be found from time to time remaining upon the said

" administration account, the same being first examined and allowed of by the said

"Supreme Court of Hongkong, shall and do pay and dispose of in a due course of

"administration, or in such 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 virtue ." And How bond to be

put in snit.

in case it shall be necessary to put the said bond in suit, for the sake of obtaining the

effect thereof for the benefit of 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, or any part thereof,

such person or persons shall, by order of the said Court, be allowed to sue the same in

the name of the Attorney General for the time being of the said Colony, and the said

bond shall not be sued in any other manner.

19. And be it further enacted and ordained, that the said Supreme Court shall fix Court to fix

periods at which

certain periods when all persons to whom probates of wills and letters of administra accounts shall be

passed.

tion shall be granted by the said Court shall from time to time, until the effects ofthe

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

58 ORDINANCE No. 15 OF 1844.

Supreme Court.

thereto, or any part thereof, as creditors, legatees , or next of kin, or by any other right

or title whatsoever.

Allowances to be 20. And be it further enacted and ordained, that it shall and may be lawful for

made to

executors or the said Supreme Court , to allow to any executor or administrator of the effects of any

administrators.

deceased person (except as herein mentioned ) such commission , or percentage out of

their assets, as shall be just and reasonable, for their pains and trouble therein : Pro

vided 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 chargeable

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 neglect

ing 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 21. And be it further enacted and ordained , that where letters of administration ,

money into

Treasury. or ad colligenda bona, have been granted to the Registrar under the statute of the 39th

and 40th Geo . 3, 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 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

otherwise 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 monies

which may have been paid into his hands as aforesaid without such order.

Admiralty. 22. And be it further enacted and ordained, that the said Supreme Court shall

be a Court of Vice-Admiralty jurisdiction, and shall have, and possess the same power,

authority, and jurisdiction, as is had, and possessed, by other Courts of Vice-Admiralty

abroad.

Court to exercise 23. And be it further enacted and ordained, that it shall be lawful for the said

jurisdiction over

Her Majesty's Supreme Court to have and exercise within the said Colony of Hongkong and its

subjects in

China. dependencies all such powers, jurisdiction , and authority, over Her Majesty's subjects

within the dominions of the Emperor of China, or within any ship or vessel at a

ORDINANCE No. 15 OF 1844. 59

Supreme Court.

distance of not more than one hundred miles from the coast of China, as by any

ordinance of His Excellency the Superintendent of the Trade of British subjects in

China hath been, or shall be, given.

24. And be it further enacted and ordained, that it shall be lawful for the said Powerto regulate

sittings ofthe

Court, and to

Supreme Court to make and prescribe such rules and orders, touching the times and make rules and

orders.

place of holding the Court, form of process, pleadings, and other business and pro

ceedings 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 ; and also that it shall be lawful for the said Court to alter or

revoke any rule or regulation, contained in this Ordinance, touching the aforesaid

matters.

25. And be it further enacted and ordained , that there shall be four terms in each Sittings of the

Court.

How many

year for the despatch of the civil business of the said Supreme Court, and the said terms 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 .

26. And be it further enacted and ordained, that there shall be four sittings in Sittings at nisi

prius, &c.

every year for the trial of all civil causes and actions, and for the hearing and deter

mining of all matters of complaint under the summary jurisdiction of the said Supreme

Court, as hereinafter provided ; and such sittings shall commence on the 1st day of

February, 1st day of April, the 1st day of October, and the 1st day of December, and

shall terminate on the 14th 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, and end on the Saturday preceding : Pro

vided also, that if at any time it shall appear to the Chief Justice of the said Court

necessary or expedient that the Court should sit for the purposes aforesaid at any other

or different periods, it shall be lawful for the said Chief Justice so to do, upon given

reasonable notice thereof.

27. And be it further enacted and ordained , that there shall be four sessions in Criminal

sessions.

every year for the despatch of the criminal business of the said Supreme Court ; the said

sessions to commence on the 15th day of February, the 15th day of April , the 15th day

of October, and the 15th of December, in every year, and shall terminate on the last day

of each of such months respectively. Provided, that whenever either ofthe said days shall

happen to commence, or end, upon a Sunday, the sessions shall commence on the Monday

following, and end on the Saturday preceding : Provided also, that if at any time it

shall appear to the Chief Justice of the said Court necessary or expedient that a criminal

session should be held at any other or different period , it shall be lawful for the said

Chief Justice so to hold the same, upon giving reasonable notice thereof,

60 ORDINANCE No. 15 OF 1844.

Supreme Court .

Sittings at 28. And be it further enacted and ordained , that the Chief Justice of the said

chambers.

Supreme Court shall attend at chambers, at such times , and so often as occasion shall

require, (except during the months of June, July, August, and September,) for the pur

pose of hearing parties upon summonses, hearing applications for time, 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 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 29. And be it further enacted and ordained, that the offices of the said Supreme

holidays.

Court shall be open 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 months of June, July, August, and September, 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.

Commencement 30. And be it further enacted and ordained, that all suits and actions of a

of actions.

common law nature, shall be commenced in the said Supreme Court by summons, or

other 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

shall indorse, on the back of such writ of summons, the amount of the debt or damages

Warrant to sue. sought to be recovered , together with the sum due for costs : and in every suit or action

which shall be hereafter commenced in the said Court, where the plaintiff shall complain

by attorney, the attorney of the party complaining shall, before any process issued

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, with the Registrar

of the said Court.

Arrest allowed in 31. Provided always, and be it further enacted and ordained, that if any person

case of debtors

being about to shall have a claim, or ground of action , of whatever nature, against any other person

leave the Colony.

who shall be about to leave the Colony, or who may reasonably be suspected of an

intention so to do, either for the purpose of avoiding process in such action, or

otherwise, and the party having such claim or ground of action as aforesaid, 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 Colony, and shall also state in such affidavit

the grounds upon which he believes that the other party is about to leave the Colony as

aforesaid, in such case it shall be lawful for the said Chief Justice to order a writ of

capias ad respondendum, (in the form given in the schedule hereunto annexed, marked

ORDINANCE No. 15 OF 1844 . 61

Supreme Court.

(No. 1. ) ) to be issued to take and arrest the body of such other party so about to leave the

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

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, at his request, and at his charge,

a true copy : Provided always , that upon any such arrest the defendant shall give

to the sheriff reasonable security by bond or obligation of the said defendant, and of Bail bond.

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 Court thereon, or

render himself to the prison of the said Court in 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.

32. Provided also, and be it further enacted and ordained, that where in any Power of Court

to order a

suit or action the defendant shall have been arrested or held to bail as aforesaid, if the defendant's

discharge.

plaintiff in such suit or action shall not prosecute his claim with all reasonable

diligence and despatch , it shall be lawful for the Chief Justice of the said Court to

order the said defendant to be discharged out of custody or the bail bond to be

delivered up to be cancelled, and to make such further order in the matter as tothe said

Chief Justice shall seem fit.

33. And be it further enacted and ordained, that if upon the trial of any suit or Malicious arrest.

action in which the defendant shall have been so arrested, or held to bail, as aforesaid, it

shall appear to the 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 misrepresentation 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 compensation 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

62 ORDINANCE No. 15 of 1844 .

Supreme Court.

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.

Suing out 34. And be it further enacted and ordained, that all civil process of the said

process.

Supreme Court may be sued out by any person having any demand or matter of

complaint against any other person whatsoever (excepting against the Governor, or

the Officer administering the Government of the Colony for the time being , as against

whom no such process shall be sued out without leave of the Court, upon motion,

first had and obtained ; and excepting also where any demand or complaint shall

be made by or against the Chief Justice of the said Court, in which case such demand

or complaint shall be prosecuted and made by petition to the Governor, or Officer

administering the Government of Hongkong, in his Executive Council) , and the said

process shall be dated on the day on which it is issued, and shall be made returnable

by the sheriff to the Court, through the Registrar of the said Court, immediately after

the service or execution thereof; and the said process shall be issued by the Registrar

of the Court, for which the warrant to sue shall be his authority, and the said process

shall be endorsed with the name and address of the attorney or party suing out the

same.

Writ of 35. And be it further enacted and ordained, that the common process of the said

summons to

appear in Court to compel the appearance of any person to answer any complaint or demand in

ordinary cases.

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 , in manner

hereinbefore directed) 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 show 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. 3.) .

Service of 36. And be it further enacted and ordained , that in all cases where by law there

process.

can be no arrest of the defendant, a copy of the writ of summons shall be served, either

personally on the said defendant, or by leaving the same at his dwelling house or place

of abode, or at his counting house or place of business.

No service of 37. And be it further enacted and ordained , that no service of any process, order,

civil process on

a Sunday, except notice, or proceeding, or any act done in any civil suit or action, except in case of

in case of arrest.

arrest, 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

ORDINANCE No. 15 OF 1844 . 63

Supreme Court .

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.

38. And be it further enacted and ordained, that the sheriff of the said Colony Return of process

to the Registrar's

shall, upon the return day of all civil process , deliver into the office of the Registrar of office.

the said Court, the said process, together with a return indorsed thereon , or annexed

thereto, of what he has done by virtue thereof ; and the plaintiff, or defendant, or their

respective attornies, 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 defendants, 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 obligation ,

by an indorsement to be thereon made by the said sheriff, under his hand, which

indorsement shall , as near as may be, be in the form in the schedule hereunto annexed ,

marked (No. 4.).

39. And be it further enacted and ordained, that the defendant in any suit or Appearance of

defendant to be

action, upon whom service of any civil process has been made , or who has been arrested entered in the

Registrar's office;

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 be kept for that purpose by the Registrar of the said Court :

Provided nevertheless, that any party, against whom any writ of summons, or other

process, may have been issued in respect of any claim or demand against him , may except where the

defendant

appear personally before the Court and admit the same, and the Registrar, or other intends to admit

the claim against

officer of the Court, shall thereupon take down in writing such his admission , and the him .

defendant, or some person by him duly authorized, shall sign the same, and thereupon,

the Court shall forthwith pronounce judgment.

40. And be it further enacted and ordained, that after the defendant in any suit Service of notices

&c., after the

or action has entered his appearance by attorney, service of all future summonses, defendant has

appeared by

demands, notices, and other proceedings in the said suit or action , made upon the said attorney.

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 pro

vided : and all such summonses, demands, notices, and other proceedings shall be served

before six o'clock at night.

41. And be it further enacted and ordained , that in all suits and actions where the Time offiling

declaration or

defendant has entered an appearance to answer any complaint or demand, the decla claim .

ration 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

64 ORDINANCE No. 15 OF 1844.

Supreme Court.

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

Requisites of manner filed in the office of the Registrar within the time aforesaid : and such declara

declaration.

tion or claim shall correspond with the writ of summons, or other process , in every

material point, and shall state truly, and 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 argumen

tative or irrelevant matter be stated in the declaration, or claim, the same being shown

to the Court shall be struck out of the declaration or claim, with or without the pay

ment of costs, as the Court shall direct.

Time ofpleading. 42. And be it further enacted and ordained , that in all cases where the defendant

has appeared 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 defendant 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 demand ; 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

Requisites ofplea. the said defendant shall, within the time hereby limited , plead to the said declaration ,

he shall in his plea either admit, 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 shown to the Court, shall be struck out of the plea,

with or without payment of costs, as the Court shall direct.

Declaration to be 43. And be it further enacted and ordained , that in all suits and actions where

filed in

Registrar's office the defendant, having been served with a copy of the writ or process therein, has not

if defendant do

not appear. appeared within the time prescribed by the same, the declaration or claim shall be filed

by the plaintiff or his attorney in the office of the Registrar of the Court, having

endorsed thereon " Filed for default of appearance, G. H. plaintiff's attorney, No.

Street, Victoria," or " A. B. of plaintiff ; " and a copy of the said

declaration or claim shall be served upon the said defendant, or, in case he cannot be

found, shall be left at his dwelling house or place of abode, together with a notice in

writing subjoined thereto, and signed by the plaintiff or his attorney, and containing

his address, informing the defendant that the said declaration or claim has been filed

by the plaintiff on his default ; and also containing a notice that the defendant must

plead, or answer thereto, within eight days after such service ; and that in default

thereof he will be debarred from pleading or answering thereto.

ORDINANCE No. 15 OF 1844 . 65

Supreme Court.

44. And be it further enacted and ordained , that the plaintiff shall be at liberty, Within what

time plaintiff

after the filing of the plea, answer, or demurrer, of the defendant, forthwith to reply to reply.

thereto, and shall be obliged to reply or answer thereto within eight lays after the

filing and notice thereof, unless upon application to the Court or to the Chief Justice

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 replica

tion 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.

45. And be it further enacted and ordained, that if the replication of the said Rejoinder :-in

what cases and

plaintiff shall contain any new matter, the defendant shall be allowed to rejoin to the within what

time.

said replication, but not otherwise, unless with leave of the Court, or Chief Justice at

chambers, for that purpose 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 application to the Court, or to the Chief Justice

thereof, further time be given for that purpose ; and in default thereof, and after the

expiration of twenty-four hours after a written demand thereof, the defendant shall be

barred from rejoining thereto, and the plaintiff shall be at liberty to sign judgment.

46. And be it further enacted and ordained, that whenever it shall happen that Judgment

against the

the plaintiff, by his default, shall be barred from declaring or making claim, and that plaintiff for not

proceeding in

the cause.

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.

47. And be it further enacted and ordained, that whenever either party in the Consequences of

default and how

cause shall, by his default, be barred from declaring or making claim pleading, answer remedied.

ing, replying, or rejoining, as the case may be, the pleadings 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 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 ,

upon such terms as the said Chief Justice shall impose.

48. And be it further enacted and ordained, that either party may, upon applica Time to declare,

or plead, &c.,

tion to the Chief Justice of the said Court at chambers , obtain time to declare, or make how obtained.

claim, plead, answer, reply, or rejoin, or an order to amend the pleadings, or schedule

thereto annexed respectively, upon sufficient cause shown to the satisfaction of the said

Chief Justice, and upon such terms as he shall impose.

49. And be it further enacted and ordained, that all pleadings, in any civil case, Pleadings to be

signed by

shall be signed by a barrister, and filed with the Registrar of the said Court, within the counsel, time of

filing pleadings.

office hours, on the day on which the same should, by any rule or 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.

66 ORDINANCE No. 15 OF 1844.

Supreme Court .

Schedule of 50. And be it further enacted and ordained , that there shall be annexed to the

documentary

evidence to be

annexed to declaration and pleadings, in every civil cause, a schedule of all documents or papers

pleadings.

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

respectively, to the opposite party, or his attorney, upon his request, and at his expense.

Setting aside 51. And be it further enacted and ordained , that where any proceeding in a cause

proceedings for

irregularity . has been irregular 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,

to set aside such proceeding, by a motion for a rule of Court, calling upon the opposite

party to show cause why the same should not be set aside for irregularity ; and the

Court, upon service of such rule, shall make such further order therein as shall seem fit.

Setting down 52. And be it further enacted and ordained, that where after the written plead

cases for

argument. ings in any suit or 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 attornies, 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 .

Setting down 53. And be it further enacted and ordained, that where after the written plead

causes for trial.

ings in any suit or 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, containing the names of the parties, their counsel and attornies, 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 the term next after

that in which issue is joined.

Notice of trial. 54. And be it further enacted and ordained, that notice of trial shall be given by

the party setting 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

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, to grant such further time for

the trial of the said cause, as shall seem reasonable and proper.

Countermanding 55. And be it further enacted and ordained, that the party giving notice of trial

notice of trial.

may, at any 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.

ORDINANCE No. 15 OF 1844 . 67

Supreme Court.

56. And be it further enacted and ordained, that either party desiring the Witnesses.

Subpæna.

attendance of any person to give evidence on the trial of a cause, may, of right, without

any prior proceeding whatsoever, take out from 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 name 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 showing 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 expenses 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 aggrieved 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. 5. ) .

57. And be it further enacted and ordained, that if any witness shall have in his Subpoena duces

tecum.

possession or control, any deed, instrument, or writing, which the party requiring 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. 6. ) .

58. And be it further enacted and ordained, that when the testimonyof any Examination of

witnesses de

witness is in danger of being lost , before the matter to which it relates can be made the bene esse.

subject of judicial investigation , either party desiring his testimony shall apply in term

time to the Court, on motion, or in vacation, upon affidavit, to the Chief Justice at

chambers, setting forth the particular circumstances under which the same is made,

that the said 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, will thereupon make such order as the justice of the

case may require.

59. And be it further enacted and ordained , that it shall and may be lawful to Allowance of

expenses and

and for the said Supreme Court, in all proceedings therein, whether of a civil or compensation to

witnesses.

criminal nature, to order and allow to all persons examined as witnesses in any such

proceedings , 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 loss of time.

60. And be it further enacted and ordained, that if any person served with a Punishment of

witnesses for

subpæna to attend the said Court as a witness in any suit or action therein , or upon the non-attendance,

and of persons

trial of any indictment or information , shall refuse or neglect to attend the said Court guilty ofa

contempt of

Court.

pursuant to such subpæna , 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

exceeding two calendar months : Provided, that nothing herein contained shall effect

AAJJ

.

68 ORDINANCE No. 15 OF 1844.

Supreme Court.

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.

Perjury. 61. And be it further enacted and ordained, that if in any 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

affirmation , has committed wilful and corrupt perjury, or that any person in swearing

or affirming, 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 where any

person examined as a witness, or making any statement in the nature of an affidavit,

shall be of Chinese origin or extraction, the powers hereinbefore given shall be in full

force and operation, although no oath shall have been administered to such witness or

person making such statement as aforesaid, or, if administered , notwithstanding any

irregularity or want of form in the administration thereof.

Court may order 62. And be it further enacted and ordained , that it shall be lawful for the said

money to be paid

by instalments. Supreme Court to order and adjudge any sum of money recovered therein, in any

action or suit whatsoever, to be paid at such time, or intervals of time, and in such

portions, or instalments, as the circumstances of the case may render just and expedient :

Provided, that the time within which any such sum of money shall be made payable,

whether by instalments or otherwise, shall in no case, except with the consent of the

plaintiff, exceed six months from the time of making such order and adjudication as

aforesaid : Provided also, that where the money so recovered shall be ordered to be

paid by instalments, if the defendant shall make default in payment of any of such

instalments, the whole of the instalments then remaining unpaid shall become due, and

the plaintiff shall be at liberty to proceed for the recovery thereof, together with all

costs, in the same manner as if no such order as aforesaid had been made.

Execution of 63. And be it further enacted and ordained , that the party in whose favour any

judgments, &c.

final judgment, decree, or sentence of the said Court, in any civil suit or action , has

been pronounced or given, where, by law, or by this Ordinance, there can be no appeal

to Her Majesty in Council, or where, there being such right of appeal, no petition for

leave to appeal is lodged within the time appointed for so doing, may, at his own risk,

and without any leave for that purpose, sue out of the office of the Registrar of the said

ORDINANCE No. 15 OF 1844 . 69

Supreme Court.

Court one or more writs, or processes for the execution thereof : Provided that no such

writ or process shall issue against the immovable 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 immovable property may be declared to be specially liable to sale, ) until any

writ or process, which may have been issued against his movable property, shall be first

returned , and the Court shall perceive thereby that the said person has not sufficient

movable 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 immovable property such writ or process is desired, has no movable 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 ,

pursue such instructions as shall from time to time be given to him by the Court for that

purpose ; 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.

64. And be it further enacted and ordained, that the judgments, decrees , and Judgments, &c.

may be executed

orders of the said Chief Justice, shall be carried into execution in any district, or place, anywhere within

the Colony.

whatsoever within the said Colony and its dependencies, where the defendant, his goods

or chattels, may be found or be met with.

65. Provided always, and be it further enacted and ordained, that no writ of Levy on

defendant's

execution against the goods, chattels, and effects of the defendant, shall be executed goods to be made

between sunrise

and sunset.

at any time after sunset, nor before sunrise, and if any officer or person shall execute

any such writ after sunset, or before sunrise, such officer or other person shall be

subject and 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 .

66. And be it further enacted and ordained, that all motions, or special applica Motions.

tions to the Court, shall be supported by affidavits of the facts or circumstances upon

which the same are made, which affidavits shall be sworn before the Chief Justice, or a

Commissioner of the said Court.

67. And be it further enacted and ordained , that all memorials, petitions, and Memorials, &c. to

be brought

special applications to the Court, shall be brought before the Court by motion, in before the Court

by motion.

manner appointed for motions by the sixty-sixth section of this Ordinance ; and all such

memorials, petitions, or applications , 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 memorials, petitions, or applications shall be sent

to the Chief Justice of the said Court.

70 ORDINANCE No. 15 OF 1844 .

Supreme Court.

Writ of error. 68. And be it further enacted and ordained , that the Governor, 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 Supreme

Court shall have been pronounced.

Appeal. 69. And be it enacted and ordained , that any person or persons may appeal

to Her Majesty, Her Heirs and Successors, in Council, from any judgment, decree ,

order, or sentence of the said Supreme Court, or of the said Court of Error, in such

manner, within such time, and under and subject to such rules , regulations, and

limitations, as are hereinafter mentioned , that is to say, in case any judgment, decree,

order, or sentence, shall be given or pronounced for, or in respect of, any sum or matter

at issue above the amount or value of five thousand lawful current dollars of Hongkong;

or in case such judgment, decree, order, or sentence, shall involve directly or indirectly,

any claim, demand , or question to, or respecting property, or any civil right amounting

to , or of the value of five thousand such dollars as aforesaid, (save and except where the

matter in dispute shall relate to the taking or demanding of any duty payable to Her

Majesty, or to any fee of office, or to any other matter or thing in which the Crown has

an interest, or where rights in future may be bound, or to any general right or duty, in

any of which cases an appeal shall lie, notwithstanding the value of the matter or thing

in dispute shall not amount to five thousand dollars ,) the person or persons feeling ag

grieved by any such judgment, decree, order, or sentence, may, within one calendar month

next after the same shall have been pronounced, made, or given , apply to the said Court,

by petition, for leave to appeal therefrom to Her Majesty, Her Heirs and Successors , in

Council ; and in case such leave to appeal shall be prayed by the party or parties, who is

or are directed to pay any such sum of money , or perform any duty, the said Court shall,

and is bereby empowered , either to direct that the judgment, decree, order, or sentence

appealed from , shall be carried into execution, or that the execution thereof shall be

suspended , pending the said appeal, as to the said Court may appear to be most consistent

with real and substantial justice : and in case the said Court shall direct such judgment,

decree, order, or sentence, to be carried into execution, the person or persons in whose

favor the same shall be given , shall , before the execution thereof, enter into good and

sufficient security, to be approved by the said Court, for the due performance of such

judgment, or order, as Her Majesty, Her Heirs and Successors, shall think fit to make

thereupon : or in case the said Court shall direct the execution of any such judgment,

decree, order, or sentence, to be suspended pending the appeal, the person or persons ,

against whom the same shall have been given , shall in like manner, and before any order

for the suspension of any such execution is made, enter into good and sufficient security

to the said Court for the due performance of such judgment, or order as Her Majesty ,

Her Heirs and Successors, shall think fit to make thereupon : and in all cases it is

ORDINANCE No. 15 OF 1844 . 71

Supreme Court.

required that security shall also be given by the party or parties appellant, to the satis

faction of the said Court, for the prosecution of the appeal and for the payment of all

such costs as may be awarded by Her Majesty, Her Heirs and Successors, to the party

respondent : and if such last mentioned security shall be entered into within one month

from the date of such petition for leave to appeal, then, and not otherwise, the said

Court shall allow the appeal, and the party or parties appellant shall be at liberty to

prefer and prosecute his, her, or their appeal to Her Majesty, Her Heirs or Successors

in Council, in such manner and under such rules as are observed in appeals made to

Her Majesty from her plantations or colonies. Provided always, that nothing herein

contained shall be construed to affect or abridge in any way the right of any person or

persons to present his, her, or their petition or appeal, against any judgment, or determi

nation of the said Court, to Her Majesty, Her Heirs and Successors, in Council .

70. And be it further enacted and ordained , that in all cases of appeal allowed by Copies of

proceedings to

the said Court, or by Her Majesty, Her Heirs and Successors , the said Court shall certify be forwarded to

England.

and transmit to Her Majesty, Her Heirs and Successors in Council, a true and exact

copy of all evidence, proceedings , judgments , decrees, and orders, had or made in such

cases appealed against, as far as the same have relation to the matters of appeal : such

copies to be certified under the seal of the said Court.

71. And be it further enacted and ordained , that the said Court shall in all cases Court to execute

judgment in

of appeal to Her Majesty, Her Heirs or Successors, conform to and execute, or cause to appeal.

be executed, such judgments and orders as Her said Majesty, Her Heirs and Successors

shall think fit to make in the premises, in such manner as any original judgment

decree, or decretal order, or other order or rule of the said Supreme Court of Hongkong,

should or might have been executed .

72. And Whereas , owing to the smallness of the population at present existing in Trial by jury.

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 per

sons to constitute a jury upon the trial of civil and criminal proceedings ; Be it

therefore further enacted and ordained , that all questions of fact, whether of a civil Number of

jurors.

or criminal nature, upon which issue shall be taken in the course of any proceeding

before the said Supreme Court, and all questions of idiotcy , lunacy, or unsoundness

of mind, shall be decided by the verdict of a jury of six men.

73. And be it further enacted and ordained , that every male person between the Who qualified

and liable to

ages of twenty- one years and sixty years, being of sound mind, and not afflicted with serve as common

jurors.

deafness, blindness, or other infirmity, who shall hold property in lands, houses, build

ings, 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 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

72 ORDINANCE No. 15 OF 1844 .

Supreme Court .

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. 74. 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 75. And be it further enacted and ordained , that every male person between the

special Jurors.

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 jury 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 76. And be it further enacted and ordained , that from and immediately after the

out jury lists and

transmit same

to Registrar. publication of this Ordinance, the sheriff of 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

1st day of March, 1845.

Penalty on 77. And be it further enacted and ordained, that if any sheriff, or other minister,

sheriff for

neglect of duty. 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 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.

ORDINANCE No. 15 OF 1844 . 73

Supreme Court .

78. And be it further enacted and ordained, that on or before the first day of Jury lists to be

in use for one

January which will be in the year of Our Lord one thousand eight hundred and forty year.

five, 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.

79. And be it further enacted and ordained, that whenever it shall be requisite to Order of

summoning

summon a jury, the sheriff shall summon the persons whose names shall appear on the juries.

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.

80. And be it further enacted and ordained, that the sheriff shall, before the Summons.

sitting of any Court whereat a jury shall be necessary, issue summonses according to

the form in the schedule hereunto annexed, marked (No. 7. ) 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.

81. And be it further enacted and ordained, that the sheriff shall also, at the Panel.

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.

82. And be it further enacted and ordained, that if any juror having been duly Penalty for

non-attendance.

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) 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.

83. And be it further enacted and ordained , that at the sitting of the Court the Juryto be

balloted for.

names of all the jurors summoned shall be written 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 therefrom until six jurors appear, who, after all just causes of chal

lenge allowed , shall remain as fair and indifferent, and the same shall be done whenever

it shall be necessary to form a new jury.

84. And be it further enacted and ordained, that no person who shall be put No challenge

except for cause,

upon his trial either for treason, felony, or misdemeanor, shall be allowed to challenge

any of the jurors except for cause.

74 ORDINANCE No. 15 OF 1844.

Supreme Court.

Talesmen. 85. And be it further enacted and ordained , that whenever there shall be a

deficiency of jurors, it shall be lawful for the Court 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 86. And be it further enacted and ordained , that the names of the persons sworn

new cases.

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, ard 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 .

Howjury when 87. And be it further enacted and ordained, that after the jury in any case shall

sworn or charged

with any have been sworn, or charged with any prisoner, they shall be kept in some convenient

prisoner, to be

kept. place in Court apart by themselves , until the Chief Justice of the said Court Las

B

summed up the evidence, and has left the case with the said jury ; and if any suca

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 to ask whether they are

agreed upon their verdict, or to communicate between them and the Court.

How jury to be 88. And be it further enacted and ordained, that whenever it may be necessary

kept when

necessary to for the Court to adjourn the further sitting of the said Court during the trial of any

adjourn the

Court.

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.

In case of death 89. And be it further enacted and ordained, that whenever it shall sufficiently

or disability of

juror, jury may appear to the Court, before whom any action, indictment, or information , is to be tried,

be discharged.

that the said jury, by reason of the death or bodily infirmity of any of them, shall be

ORDINANCE No. 15 OF 1844 . 75

Supreme Court.

disabled from returning a verdict, then the said Court shall discharge such jury, and shall

cause a new jury to be impannelled, sworn, and charged with any prisoner ; and the said

action, indictment, or information shall be tried as if such first jury had not been

impannelled.

90. And be it further enacted and ordained , that whenever the jury in any case In case jury

cannot agree

has withdrawn, and been kept apart for the purpose of considering their verdict, and upon verdict.

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 impannelled, and sworn , and charged with any

prisoner, and the action , indictment, or information , shall be tried as if such first jury

had not been impannelled .

91. And be it further enacted and ordained , that the verdict of the jury shall in Verdict.

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 there

upon 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.

92. And be it further enacted and ordained, that for the purpose of bringing a Indictment or

information .

criminal case under the cognizance of the said Court, an 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.

93. And be it further enacted and ordained, that the process of the said Court Process for

summoning

for summoning the defendant to answer any indictment or information , and for the defendant on

indictment, or

information .

service of a copy of the indictment or information, on any defendant therein named ,

shall be by writ sued out by the Registrar 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 said Colony in the form , or as near as may be, in

the schedule hereunto annexed , marked (No. 8.) .

94. And be it further enacted and ordained, that the said Registrar or his deputy Notice of trial

on indictment

in Crown cases, or the prosecutor or his attorney shall indorse on , or annex to, every or information.

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. 9.) .

76 ORDINANCE No. 15 OF 1844.

Supreme Court.

Prosecutor to 95. And be it further enacted and ordained, that the said Registrar, or his deputy

deliver to

sheriff process, or the prosecutor or his attorney shall deliver, or cause to be delivered to the sheriff,

copy of

indictment or

information and [together with the process of the Court for summoning the defendant] the copy of the

notice of trial.

indictment or information , with notice of trial indorsed 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 96. And be it further enacted and ordained, that the sheriff shall, as soon as may

of summoning

defendant on

indictment or be, after having received a copy or copies of the indictment or information, and notice

information .

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, and 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

information, 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 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 .

Return of service 97. And be it further enacted and ordained, that the officer serving the copy or

of copy of

indictment, &c. copies of the said indictment or information , and notice or notices, shall forthwith

transmit to the Registrar of the Court, a copy of the return of the mode of service

of the said indictment or information indorsed on the writ or process for serving the

same.

Proceedings on 98. And be it further enacted and ordained, that when it shall appear by the

non-appearance

of defendant indorsement made on the writ or process by the officer executing the same, that the

thereon.

copy or copies of the indictment or information , and notice or notices of trial have been

duly served in manner hereinbefore 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 the Chief Justice of the said Court for his warrant for the

apprehension of the said defendant or defendants.

Proceedings on 99. And be it further enacted and ordained , that, if the prosecutor or his attorney,

non-appearance

of prosecutor having given notice of trial, shall not appear in Court to prosecute or prefer the said

after notice of

trial. indictment or information, before the close of the session of that Court, before which

he gave notice for trial, it shall be competent for the defendant or defendants to move

the Court to discharge him, her, or them, therefrom ; and when the said defendant or

ORDINANCE No. 15 OF 1844. 77

Supreme Court.

defendants, or any other person on his, her, or their behalf, has, or have been bound by

recognizance for the appearance of the said defendant 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.

100. And be it further enacted and ordained, that the subpoena, or process of Process for

procuring

the Court, for procuring the attendance of any person before the said Court to give attendance of

witnesses on

criminal cases.

evidence in any criminal case, shall be sued out of the Registrar's office by 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 .

101. And be it further enacted and ordained , that the names of four witnesses How many

witnesses in one

may be inserted in one subpana, and they shall be described therein with such certainty subpæna.

that the summoning officer may be able readily to find them : and 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 .

102. And be it further enacted and ordained, that when the prosecution is at the Private

prosecutor to

instance of a private person, he, or she, or some one on his behalf, shall, at the time of pay sheriff's

costs together

with expenses.

delivering the said subpoena, and copies thereof, also pay to the said 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.

103. And be it further enacted and ordained , that service of any subpoena upon Service of

subpana .

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 subpana, and the

summoning officer, shall, at the same time, show him, or her, or the person with whom

such copy is left, the original, and shall inform him, or her, of the exigency thereof ;

and the said officer shall in all cases indorse 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.

104. And be it further enacted and ordained, that the prisoner or prisoners to Pleading to

indictment or

be tried on any indictment or information , shall be placed at the bar unfettered , unless information.

the Court shall see cause otherwise to order ; and the indictment 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

78 ORDINANCE No. 15 OF 1844.

Supreme Court.

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.

Refusal to plead. 105. And be it further enacted and ordained, that if any prisoner, being arraigned

upon, or charged with any indictment or information , will not answer 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 impannelled 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 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.

Noting plea. 106. And be it further enacted and ordained, that the Registrar, or other officer

of the Court, shall note the plea of the said prisoner upon the indictment, or annex

the same thereto.

Effect of plea 107. And be it further enacted and ordained, that the prisoner upon the general

of " not guilty, "

or of special plea. plea of " not guilty," shall, without any further form, be deemed to have put himself,

or herself, upon the jury for trial ; but when he, or she, shall plead any special plea,

the prosecutor shall forthwith verbally reply to the same, unless further time be

granted to him, or her, by the Court, for that purpose, and the Registrar or the officer

of the Court shall note such replication upon the indictment, or information, or annex

the same thereto, and the Court shall forthwith dispose thereof, or such further

proceedings shall be had thereon as to the said Court may seem meet.

Amendment of 108. And be it further enacted and ordained , that before the jury are charged

indictment or

information.

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 .

When the jury 109. And be it further enacted and ordained, that as soon as the prisoner shall

shall be charged

with prisoner. have put himself, or herself, upon the jury for trial, and the Court shall order a jury

for the trial of such prisoner accordingly, or for the trial of any special issue arising

upon the record, the said jury shall be thereupon called, sworn , and charged, in manner

provided for that purpose.

Judgment not to 110. And be it further enacted and ordained, that no judgment upon any indict

be reversed,

except upon ment, or information, whether after verdict of the jury, or upon confession of the

objections

arising upon

record, prisoner, or otherwise, shall be stayed or reversed, except upon objections arising upon

the said indictment or information, as on record, and whereby the proceedings thereon

are rendered erroneous or defective.

Judgment not to 111. And be it further enacted and ordained, that no such judgment shall be

be reversed for

want of

averments stayed or reversed for want of the averment of any matter unnecessary to be proved ;

of immaterial

matter, & c. 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

ORDINANCE No. 15 OF 1844 . 79

Supreme Court.

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 impannelled , or during the process of the trial, might have been amended by

the Court ; nor because of any error committed in summoning 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.

112. And be it further enacted and ordained, that in all matters and proceedings Fees.

in the said Supreme Court there shall be taken and allowed such fees as the Court shall

from time to time order and direct ; and that the fees specified in the schedule hereunto

annexed, marked (No. 10.) shall be the lawful fees to be taken and allowed in the said

Court (other than in proceedings under the summary jurisdiction thereof as hereinafter

provided) , unless and until the Court shall otherwise order and direct. 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 Treasurer.

113. And be it further enacted and ordained , that the said Court shall have full Summary

jurisdiction of

power and authority to hear and determine in a summary way, and without the inter Court.

vention 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.

114. And be it further enacted and ordained , that no cause of action or complaint No cause of

action to be split,

which shall exist at any one time and shall amount in the whole to a sum exceeding the but the Court

may decide

sum of one hundred dollars as aforesaid shall be split or divided, so as to be made the thereon if

plaintiff be

satisfied to

ground of two or more different actions or complaints, in order to bring such cases receive the sum

awarded in full

within the summary jurisdiction created by this Ordinance ; but if the Chief Justice of of all demands.

the said 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 : Pro

vided, 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

80 ORDINANCE No. 15 OF 1844.

Supreme Court.

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

jurisdiction in 115. And be it further enacted and ordained, that nothing herein contained

certain cases.

relating to the summary jurisdiction aforesaid shall extend to any debt being the

disputed balance of an unsettled account orginally 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, acknowledg

ment, undertaking, or promise to pay, whithin three years before the taking out of the

summons.

Power to 116. And for the better discovery of the truth, and the more speedily obtaining

examine

plaintiff's the end of such actions or complaints, be it further enacted and ordained , that it shall

and defendants

on oath and to

award costs, &c. and may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs ,

defendant or defendants, vivá voce 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, 117. And be it further enacted and ordained , that the several proceedings, orders ,

orders &c. to be

in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in

prescribed in

schedule.

pursuance of the aforesaid summary jurisdiction , shall be in the form prescribed in the

schedule hereunto annexed, marked (No. 11. ) or as near thereto as circumstances will

admit.

Court may 118. And be it further enacted and ordained , that it shall be lawful for the said

dismiss action or

complaint with Chief Justice, and he is hereby authorized and empowered, to dismiss any such action

costs, &c.

or complaint before him with costs, and either on the merits, or without prejudice to

further or other proceedings, as he shall think fit.

Consequences of 119. And be it further enacted and ordained, that if any action or suit shall be

not proceeding

under summary

jurisdiction. commenced in the Supreme Court of Hongkong for any debt, 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 whatsoever ; 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 Court, then such defendant or

ORDINANCE No. 15 OF 1844. 81

Supreme Court.

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.

120. And be it further enacted and ordained, that no person whatever shall be Plaintiffs and

defendants to

permitted to appear and act in any such summary proceeding for or on behalf of any attend personally

unless

plaintiff or defendant therein , unless it shall be first proved to the satisfaction of the unavoidably

prevented.

Chief Justice of the Court that such plaintiff or defendant is prevented by some

unavoidable necessity, or some good and sufficient cause, from attending such Court in

person.

121. And be it further enacted and ordained , that the provisions hereinbefore Witnesses not

attending, and

made with respect to the non-attendance of witnesses pursuant to their subpœnas, and persons guilty

of contempt, how

to persons guilty of a contempt of the Court, shall apply to and be in force as to all punished.

matters and proceedings under the summary jurisdiction of the said Court.

122. And be it further enacted and ordained, that the provisions hereinbefore Perjury.

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 Court.

123. And be it further enacted and ordained, that in each and every case within Execution.

the summary jurisdiction of the 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 precept signed by the said Chief Justice, in the nature of a writ of fieri facias, or

capias ad satisfaciendum, which 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 of the defendant, or to arrest the defendant, as

the case may be : Provided , that it shall be lawful for the said Chief Justice and he is Power to appoint

special bailiffs.

hereby empowered and authorized, when thereto required by the plaintiff in any suit or

proceeding wherein such precept or writ may be issued, to appoint one or more special

bailiff or bailiffs, to be named by the said plaintiff, to execute such precept or writ

upon receiving from such plaintiff full and sufficient security against any improper use

or abuse of such precept or writ .

124. And be it further enacted and ordained, that all such orders and decrees Orders and

decrees may be

shall and may be carried into execution in any district or place whatsoever within the executed any

where within

said Colony where the defendant, his goods, chattels, or effects may be found or be met the Colony.

with : Provided, that all executions and processes against the goods, chattels , and Time of levy.

effects of the defendant shall be executed between sunrise and sunset, in like manner as

is hereinbefore provided with respect to such executions ; and that any officer or person

executing the same at any other time shall be liable to the same fine as is hereinbefore

also provided in such cases .

125. And be it further enacted and ordained, that for the purpose of preventing Mode of

proceeding in

the writ of

any disputes as to the mode of executing the said last mentioned writ or precept , the execution.

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

82 ORDINANCE No. 15 OF 1844.

Supreme Court.

defendant, and that, in the event of such bailiff or bailiffs not being able to find any goods,

chattels, or effects of the defendant, and the defendant failing to point out to his or their

notice any goods , chattels , or effects whereon to levy the amount, it shall and may be

lawful for the said bailiff or bailiffs to enforce the order, or decree of the Court by the

Proviso as to personal arrest and imprisonment of the defendant as hereinafter is mentioned : Provided,

disputed claim

to goods, &c. that if previous to the sale of the property so levied upon a disputed claim shall be made

thereto, and such claim 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 decree of the Court by levying upon

other goods , chattels, and effects 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 .

Imprisonment by 126. Provided always, and be it further enacted and ordained, that every such

process of

Court not to defendant who shall be arrested and taken in execution under the process of the said

exceed three

months. Court, as last 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

Liability of defendant shall be discharged from such prison ; but it shall be lawful for the

future effects.

complainant at any time within three years after such order, or decree, to take out

fresh execution against any estate, or effects which such defendant may have become

possessed of, or entitled to, until such order, or decree, shall be fully satisfied.

Execution not to 127. And be it further enacted and ordained , that no execution awarded against

prejudice

landlords.

the goods of any party or parties shall extend to, or be construed to extend to deprive

any landlord or landlords of the power vested in such landlord or landlords by an act

8 Anne C. 14. 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 committed by Tenants " of

recovering one year's rent by virtue of, and in pursuance of the said Act .

Court may order 128. And be it further enacted and ordained, that it shall be lawful for the said

money to be paid

by instalments. Chief Justice, whenever it shall appear to him that the levy of the full amount of any

such order, or decree, of the said 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 in case such 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.

ORDINANCE No. 15 OF 1844. 83

Supreme Court.

129. And be it further enacted and ordained , that all orders, and decrees , or Orders to be

final.

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.

130. And be it further enacted and ordained, that in case any action or suit , Actions against

officers, &c.

shall at any time hereafter be commenced, or brought against any officer, or officers of

the said 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 suit or action to plead the general General issue.

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 passed against him or

them, or be nonsuit, or discontinue his, her, or their action or suit, the defendant or

defendants shall in any of the said cases be allowed double costs.

131. And be it further enacted and ordained, that no action or complaint, or Proceedings not

to be set aside

other proceeding under the summary jurisdiction given by this Ordinance shall be for want of form.

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 mislead the

opposite party shall and may, in all cases, be amended or altered by the Court.

132. And be it further enacted and ordained, that in all actions and complaints Allowance and

recovery of fees.

or other proceedings under the summary jurisdiction given by this Ordinance, the

fees specified in the schedule hereunto annexed, marked ( No. 12.) 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 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 hand and sealed with the seal of the Court ; and the said. Registrar to

receive and

account for fees.

fees shall 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.

133. And be it further enacted and ordained , that any poor person, before com Right to sue or

defend in forma

mencing or defending any action or suit in the said Court, in his own right, or pauperis.

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 household

goods, wearing apparel, tools of trade, 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, to consider the said case ; and upon the party so applying producing

a certificate signed by such barrister, 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 show causes why the applicant should not be allowed to sue, or

84 ORDINANCE No. 15 OF 1844.

Supreme Court.

defend, (as the case may be) in formâ pauperis, and unless sufficient cause be shown

against the said rule the same shall be made absolute .

Appointment of 134. And be it further enacted and ordained , that if the party applying to sue or

barrister and

attorney to defend as a pauper, in any case not being within the summary jurisdiction of the

appear for

pauper.

Court, 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 persons duly authorized to act as such, to appear for the said

party.

No fees to be 135. And be it further enacted and ordained , that no fee shall be taken by any

taken in pauper

causes.

barrister or attorney, 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, 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 136. And be it further enacted and ordained , that any person having been so

of suing or

defending as a admitted to sue or defend as a pauper, and becoming of ability during the progress of

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 shown to the Court,

be deprived of all the privileges of such his admission.

Interpretation 137. And be it further enacted and ordained, that in the construction of this

clause.

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 .

SCHEDULE (No. 1. ) Sec. 31 .

Writ of Capias ad Respondendum.

Writ of Capins ad VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen,

Respondendum.

Sec. 31. 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 movable 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

ORDINANCE No. 15 OF 1844 . 85

Supreme Court.

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 may 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 Honorable 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,

Plantiff's Attorney

(or if the plaintiff sue in person)

A. B. of

Plaintiff.

SCHEDULE (No. 2.) Sec. 31.

Form of Bail-bond.

KNOW all men by these presents that we C. D. of Bail-bond to the

and L. M. of are held and firmly bound to Sheriff. Sec. 31.

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 administrators, firmly by these presents. In witness

whereof we have hereunto set our hands and seals this day of

in the Year of our Lord

The condition of this obligation is such that if the above bounden C. D. do appear in person, or by his Condition.

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.

Signed sealed and delivered C. D. (L. S.)

in the presence of L. M. (L. S.)

M. N.

O. P.

SCHEDULE (No. 3. ) Sec. 35.

Form of Writ of Summons in Ordinary cases.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Writ of Summons.

Soc. 35.

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

86 ORDINANCE No. 15 OF 1844 .

Supreme Court.

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 performed, or " satisfy the damages "

which the plaintiff seeks, as the case may be, stating shortly and distinctly the nature and cause

ofthe 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 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 show 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 Honorable John Walter Hulme,

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.

Writ of Summons Form of Writ of Summons in Actions on Bills and Notes and other Written Instruments. Sec. 35 .

on Bills &c.

Sec. 35. 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 :

Command C. D. of Street, Victoria, merchant, 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 show wherefore he hath not done it, and also to

acknowledge or deny his hand writing or "signature " affixed to the said promissory note (or other

instrument, as the case may be) 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

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 Honorable 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.

1

ORDINANCE No. 15 OF 1844 . 87

Supreme Court.

SCHEDULE (No. 4. ) Sec. 38.

Assignment of Bail-bond.

I the within named sheriff at the request of A. B. the plaintiff within named hereby assign to him, Assigament of

Bail-bond. Sec. 38.

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

W. C.

Sheriff.

SCHEDULE (No. 5.) Sec. 56, 101 .

Subpana .

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Subpana. Sec. 58

101.

Defender of the Faith , to G. H., I. R., 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 person 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 Honorable 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 if the plaintiffsue in person)

A. B. of

Plaintiff.

SCHEDULE (No. 6.) Sec. 57.

Subpana Duces Tecum.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, Subpona duces

tecum. Sec. 17.

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, or instrument in writing, bearing the date, &c . , (describing the document

to be produced) then and there to testify and show 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, &e ..

88 ORDINANCE No. 15 OF 1844 .

Supreme Court.

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 Honorable 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.

SCHEDULE (No. 7.) Sec. 80.

Summons to Juror.

Mr. A. B.

Summons to juror. You are hereby summoned to appear as a (either common or special, as the case may be,) juror at

Seo. 80.

the Supreme Court to be holden at Wellington Terrace 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 hundred dollars in the case of a special juror.

SCHEDULE (No. 8.) Sec. 93.

Process for Summoning defendant on Indictment or Information.

Process for sum VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen ,

moning defendant

on indictment &c. Defender of the Faith, to the Sheriff of the Colony of Hongkong, or his lawful Deputy, Greet

Sec. 93.

*

ing :

We command you that you summon (the defendant, or defendants following the description 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 indorsed 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 Honorable John Walter Hulme,

Chief Justice of our said Colony at Victoria,

the day of

in the Year of our Lord 1844.

SCHEDULE (No. 9.) Sec. 94.

Notice of Trial of Indictment or Information.

Notice of trial, &c. C. D.

Sec. 94.

Take notice that you will be tried on this indictment (or information or on the indictment or

information whereof this is a true copy) at the Criminal Sessions of the Supreme Court, to be holden

at Victoria, in and for the Colony of Hongkong, on the day of

89

ORDINANCE No. 15 OF 1844.

Supreme Court.

SCHEDULE (No. 10. ) Sec. 112. Fees. Sec. 112 .

FEES . $ cents.

For filing and entering plaint, or statement of cause of action 1.00

For filing and entering declaration where the amount claimed shall not exceed 100 dollars 2.00

And for every 100 dollars after the first 100 dollars ............ …………………. ....... 1.00

And in all ejectments, and in all actions and proceedings where the thing sought to be

recovered shall consist of lands or houses or both, the charge on filing and entering

declaration shall be 1 per cent upon the valuation at which the same is assessed by

Government

And 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

Writ of Summons, each defendant .... 1.00

Registrar's Certificate of declaration being filed ……………........ …………………. 1.00

For filing every affidavit of debt where the sum sworn to is under or amounts to 100 dollars 1.00

filing every affidavit of debt where the sum sworn to exceed 100 dollars for every 100

dollars 1.00

For Judge's order for a capias ..... 1.00

For capias in pursuance in every case ...... 2.00

For filing and entering every appearance 1.00

For annexing every plea, answer, defence, or demurrer to declaration, each defendant 1.00

For subpoena, each witness 1.00

For entering every cause .50

For calling same .50

For administering every oath in Court or Chambers ...... …………… . .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 ................ .......... …………………………………………. .50

For every judgment or decree pronounced by the Court or Judge, where the amount recover

ed does not exceed 100 dollars ......... ………………………….. 1.00

And for every 100 dollars above the first 100 dollars 1.00

For entering every Judgment or Decree............ .... 1.00

For taxing costs where the bill does not exceed 100 dollars.. 1.00

And for every 100 dollars above the first 100 dollars 1.00

For all Writs of Execution.......... 1.00

For every copy of declaration , bill, petition , plea, answer, demurrer, or any other document,

paper, or proceeding in Court, not otherwise charged, in all matters , per folio ........... .50

For Registrar, or Clerk, examining or attesting, and certifying same in all matters ............... 1.00

For every Habeas Corpus, Mandamus, Certiorari, or any other writ or process whatsoever,

not otherwise charged ……………………….. 1.00

For every attachment for contempt in the presence of the Court or otherwise, or disobedience

of Order or Rule of Court ......... ……………………….. *******.... 1.00

For all interrogatories and answers filed thereto in pursuance thereof, per folio

For every Commission to examine or swear witnesses, each witness ....... 1.50

For every search in the Registrar's Office ........

For every Rule or Order of Court 1.50

For every receipt granted by the Registrar when demanded .50

For every attendance by the Registrar, or other person appointed by the Court, within the

limits of Victoria, to administer oaths, or transact other business, exclusive of expenses 1.00

Beyond the limits of Victoria *******... ******.. 2.00

Appealable Matters.

For filing and entering every petition for leave to appeal ....

………………………. 50.00

For every Certificate of Appeal allowed ........... ******* 5.00

90 ORDINANCE No. 15 OF 1844.

Supreme Court.

Ecclesiastical Matters.

$ cents.

For filing and entering petition for Probate or Letters of Administration 1.00

Swearing petitioner to the truth of petition 1.00

For every caveat filed ....... 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 realized shall exceed 100 dollars ..... 2.00

And for every 100 dollars above the first 100 dollars 1.00

Swearing party to truth of account or inventory 1.00

For every exemplification of Will per folio 1.00

For affixing the Seal of the Court to any Process, during Court hours... 1.00

After Court hours 2.00

CROWN FEES to be taken and received by the Registrar when the Court sits as

Court of OYER and TERMINER and GAOL DELIVERY.

For preparing any Bench Warrant, and every other process issuing out of the Court of Oyer

and Terminer ……………………… 2.00

For every Venire, taking every recognizance, or discharging, or respiting the same, recording

the appearance, plea , or acquittal of every defendant, for every Bail, and justification

of Bail, and for every order of the Court, and copy thereof, in case of felony .. 2.00

For the same except in felony 1.00

For copies of indictments, or other papers when ordered or required , per folio .50

For every Subpœna .50

For every Search in Office . 1.00

For calling and swearing the jury on trial 1.00

For entering and recording verdict ..... 1.00

For reading every notice or other document exhibited in Court as evidence . .50

For every oath administered in Court ..... .50

For every prisoner discharged by Proclamation , or acquitted of felony 2.00

For the same except in felony 1.00

For every prisoner convicted of felony 2.00

For the same except in felony 1.00

Sheriff's Fees.

For service of every Writ of Summons, Summons, Subpana, Citation, or Order . 1.00

For serving every Writ of Capias and other bailable Process 5.00

For discharging every defendant at the desire of the plaintiff .50

For releasing property seized under Writ of Sequestration, or Fieri Facias by the desire of

the plaintiff ..... 5.00

For drawing and taking each Bail-bond, every defendant ..... 1.00

When any Summons, Writ or Process of any kind shall be executed , or act done.

for which a fee is authorized to be taken as above, the deputy duly appointed who

shall execute such process, or do such act, shall be entitled to one half the fee or fees

which the sheriff may claim under this table.

Poundage.

Five per cent to be charged on the first five hundred dollars, and two and a half per cent

upon every one hundred dollars above five hundred dollars.

ORDINANCE No. 15 OF 1844. 91

Supreme Court.

SCHEDULE ( No. 11. ) Sec. 117.

Forms relating to the Summary Jurisdiction of the Court. Forms relating to

Summary Jurisdic

tion. Sec. 117.

ENTRY OF PLAINT.

Colony of Hongkong A. B. of Entry of plaint.

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 ofaction ) 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 •

A. B., Plaintiff.

Witness

Registrar

Summons.

To

Hongkong You are hereby summoned and required to attend the Supreme Court of Hongkong to be Summons.

to wit

holden at the Court House in Wellington Terrace 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, ifyou shall think proper.

Witness The Honorable 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.)

92 ORDINANCE No. 15 OF 1844 .

Supreme Court.

Notice of Trial or Hearing to be Endorsed on Copy of Summons.

SUPREME COURT OF HONGKONG.

Between A. B. Plaintiff.

and C. D. Defendant.

Notice of trial. Hongkong The Chief Justice having appointed the day of next to hear

to wit

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.

To

In the above case.

Subpæna.

To

Subpæna. Hongkong You, and cach of you, are hereby commanded that , all excuses being laid aside, you, and

to wit

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 Wellington Terrace, 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 Honorable John Walter Hulme,

Our Chief Justice of our said Colony at Victoria.

the day of

in the Year of our Reign .

Order, or Decree, in favour of plaintiff.

A. B. Plaintiff.

C. D. Defendant.

Decree in favor of Hongkong It appearing to the Court that the plaintiff hath proved his demand (wholly or in part) it

plaintiff. to wit

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 Chief Justice.

Registrar.

ORDINANCE No. 15 OF 1844 .

333

Supreme Court.

Form of Dismissal. Sec. 118 .

A. B. Plaintiff.

C. D. Defendant.

Hongkong It appearing to this Court that the plaintiff entered his plaint and caused the above de Dismissal. Sec. 118.

fendant to be summoned to attend this Court for (here state the cause ofaction 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 , 18

Defendant's costs ......... £

Chief Justice.

Entered

Registrar.

Warrant, or Order, on Decree of Dismissal, for non-payment of Costs. Sec. 118 .

I authorize and empower the bailiff of this Court and his assis Warrant on

Dismissal. Sec. 118.

tants to execute the above decree.

Dated the day of in the Year of our Lord, 18

Costs .....

Warrant .

£

Chief Justice.

Precept to Bailiff. Sec. 123.

SUPREME COURT OF HONGKONG .

Between (A. B. Plaintiff.

C. D. Defendant.

To Mr. bailiff, and his assistants.

Hongkong You are hereby commanded to levy of the goods, chattels , and effects of

to wit ) Precept to bailiff.

Sec. 123.

of in the Colony of Hongkong the sum of

which of

lately recovered against for damages and costs ;

and if you shall not find any goods, chattels, or effects 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 gaols within ten days from the date hereof to satisfy the

94 ORDINANCE No. 15 OF 1844.

Supreme Court.

said plaintiff his damages and costs, as aforesaid ; and have

you there this writ.

Witness The Honorable 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 .

Subpæna..

Execution.....

Alias ......

Pluries .

Alias, or Pluries.

Aliis &c. You are hereby commanded as before you were commanded (or, as " oftentimes " before you were

commanded and then follow the above form.)

Order to discharge defendant out of Custody.

day of 18

A. B. Plaintiff .

C. D. Defendant.

Order to discharge Supreme Court of Hongkong You are hereby authorized to discharge out of your custody the above

defendant out of to wit

custody.

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

SCHEDULE (No. 12. ) Sec . 132 .

Table of Fees. cents.

Fees. Soc. 132. For entering every plaint, action, &c., and particulars of demand ... .50

Entering every appearance and defence ........ 25

Summons for defendant, and copy .50

Entering notice of hearing .25

Copy and service on plaintiff, and defendant, each .40

Any notice required during the course of proceedings ... .25

Fee on hearing and adjudication , where the sum to be recovered shall not exceed $ 50 .. .50

Exceeding $50 and not exceeding $100 .75

Each Subpana of witness, and copy .40

Drawing and signing order for costs, decree, or dismissal , each .50

Every oath of party, or witness examined …………….... .25

Chief Justice's warrant to bailiff for executing decree .. 1 .25

Executing any decree or order, where the sum shall not exceed $50 .... .50

Exceeding $50 and not exceeding $100 1 .25

Copies of any other proceedings per folio .12

[ Disallowed in C. O. D. , No. 96, 24th March, 1845. Repealed by Ordinance

No. 6 of 1845. ]

ORDINANCE No. 16 OF 1844. 95

Registration of Inhabitants.

No. 16 of 1844 .

An Ordinance for establishing a Registry of the Inhabitants of the Island Title.

of Hongkong and its Dependencies .

[ 21st August, 1844. ]

HEREAS to secure tranquillity and good order in the Colony of Hongkong and Preamble.

W its dependencies, and to prevent the resort thereto of abandoned characters

and of persons without any ostensible means of subsistence it is expedient that a

registry be established of persons resident therein. Be it therefore enacted and

ordained by His Excellency the Governor of Hongkong with the advice ofthe Legislative

Council thereof that there be established in some convenient locality in Victoria an

office to be entitled " The Registration Office " and that this office do consist of a

Registrar, and of such further officers and assistants and at such salaries as the

Governor in Council may be pleased to appoint subject to Her Majesty's pleasure.

And be it further enacted and ordained that from and after the first day of Commencing 1st

November, 1844.

November next , all male inhabitants of the age of twenty- one years and upwards or

capable of earning a livelihood resident in the Colony of Hongkong shall be required

once in every year to appear personally at the said office or at such branch offices as may

be from time to time established by the Governor in Council to be there registered in

manner hereinafter mentioned unless where it shall appear advisable to the said

Registrar General to dispense with the personal appearance of any one hereby required

to be registered.

And be it further enacted and ordained that the said Registrar General or such Entry of

particulars.

other officer so to be appointed as aforesaid shall and may in all cases where he shall

deem it advisable enquire into, and acquaint himself with the age birthplace and

residence of every person so to be registered and with his occupation, and date of

arrival in the Colony aforesaid and with the circumstances of his family and con

nexions and with their places of residence and occupation , and shall and may ascertain

whether the said applicant be married and of what number his family consists and

whether male or female and that he do enter or cause to be entered all such particulars

in a book to be kept for that purpose.

And be it further enacted and ordained that if upon enquiry it shall appear to Ticket to be

granted or

the Registrar General or such other officer so to be appointed as aforesaid that the said otherwise.

applicant is a fit and proper person to be permitted to reside in the said Colony it shall

be lawful for the said Registrar General or such other officers to be appointed as

aforesaid to grant him a registration ticket upon payment of the fees hereinafter

mentioned . Provided also that if upon enquiry it shall appear to the said Registrar

General or such other officer so to be appointed as aforesaid that the said unregistered

person is a vagabond or bad character or without visible means of subsistence the said

Registrar General or such other officer as aforesaid shall have full power and authority

to prohibit him from residing in the said Colony.

96 ORDINANCE No. 16 OF 1844.

Registration ofInhabitants.

Ticket. And be it further enacted and ordained that the said registration ticket shall

contain the name of the applicant and the number of the ticket and the date at which it

is granted and such other particulars as to the aforesaid Registrar General may seem

fit. Provided always, that as regards persons of Chinese origin or extraction the

name of the applicant shall be in the Chinese character also .

Ticket to And be it further enacted and ordained that the said registration ticket shall

continue in

force for one

year. continue in force for the period of one year from the date thereof and no longer and

that on the expiration thereof any person who shall not forthwith apply to be again

registered and obtain a fresh registration ticket shall be liable to the penalties inflicted

by the provisions of this Ordinance on persons residing in the said Colony without

being registered.

Headmen And be it further enacted and ordained that if any person being a headman

contractors &c.

required to have contractor or other shall hire any or other persons coolies or workmen not being

the men in their

employ previously resident in the Colony for the purpose of executing any work or service in

registered.

the said Colony he shall be bound and is hereby required as soon as the said coolies

or workmen are landed in the said Colony to cause them to proceed to the said office

or such branch offices as may be appointed in the manner hereinbefore provided .

Penalty for And be it further enacted and ordained that if any person retain in his or her

neglecting the

preceding. employment or harbour or suffer to reside in his or her house or on his or her

premises any person hereby required to be registered who is not duly registered

according to the provisions of this Ordinance he shall be liable to a penalty of not

more than twenty dollars .

Penalty. And be it further enacted and ordained that if any person liable to be registered

under the provisions of this Ordinance shall be found residing in the said Colony for

the space of twenty-four hours without having been registered he shall be liable to a

Exemptions. penalty of not more than twenty dollars. Provided always that nothing herein

contained shall be construed to extend to persons employed on board ships of war

or to officers or seamen belonging to merchant vessels lying in the harbour or roads

of Victoria who previous to landing shall obtain from the master or said officer in

charge of the said vessels leave to go ashore in writing under his hand.

Tepos to send in And be it further enacted and ordained that all headmen or tepos shall be bound

returns when

called for.

to give a return when called upon by the said registering officer of the names and

occupation together with the particulars hereinbefore set forth of all persons residing

in their respective villages or districts and shall specify in the said return the number

of the house according to the register and the number of persons residing in each

house and shall be liable to a penalty of not more than twenty dollars for each

and every person hereby required to be registered found residing within their respective

villages or districts without being duly registered as aforesaid or whom they shall

not have reported to or caused to be brought before the said registering officer.

Return to be And be it enacted and ordained that the said Registrar General or such other

made by

householders. officer so to be appointed as aforesaid shall if he or they think fit cause to be delivered

ORDINANCE No. 16 OF 1844 . 97

Registration of Inhabitants.

or left at the residence or place of business of any householder or householders a

blank return to be filled up before a certain day to be therein named with the names

and numbers of persons in his or their employment or residing within his or their

house or houses or on his or their premises and that on or after the said day named

in the said blank return the said householder or householders is or are hereby

required to transmit the said return 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 of twenty dollars each .

And be it further enacted and ordained that the following fees shall be taken for Fees.

registration and shall be received by the Registrar General or such other officer

so to be appointed as aforesaid at the time of the granting of the registration ticket .

For registering any person being a merchant shopkeeper or comprador or

being in the receipt of a monthly income of twenty dollars or upwards the sum of

five dollars .

For registering any person being a servant clerk mechanic or in the receipt of a

monthly income not exceeding twenty dollars and not less than ten dollars the sum

of three dollars.

For registering any person being a coolie boatman or labourer or being in

receipt of a monthly income of less than ten dollars the sum of one dollar.

And be it further enacted and ordained that all lighters bumboats ferry boats Boats &c. to be

registered.

and other vessels plying for hire within the harbours and waters of this Colony shall

be duly registered with the number and description of the crew and of the persons

living therein by the said registering officer or such other officer so to be appointed

as aforesaid the said particulars to be entered in a book to be kept for that purpose

and a certificate of such registry shall be given to the master or headman of such

lighter bumboat ferry boat or other vessel the number of such registry to be legibly

painted in some conspicuous part of such lighter bumboat ferry boat or other vessel.

And be it further enacted and ordained that a fee shall be levied on every Boat fee.

certificate of registry so granted according to the rate of 6d per registered ton or

if the boat be under one ton then 6d for such boat and in the case of Chinese vessels

after the rate of 6d for every twenty peculs.

And be it further enacted and ordained that if any person not having previously Penalty on boat

owners &c.

obtained such certificate of registry and not having painted the number on such

lighter bumboat ferry boat or other vessel as is hereinbefore provided shall let or

hire or cause to be let or hired any such lighter bumboat ferry boat or other vessel

within the waters of the said Colony or shall show a false certificate of registry or

one granted for another vessel or shall permit or connive at the said certificate being

made use of for another vessel or shall paint or exhibit a false number on the said

lighter bumboat ferry boat or other vessel he shall for every such offence forfeit and

pay a sum not exceeding one hundred dollars.

98 ORDINANCES Nos . 16 AND 17 OF 1844 .

Registration ofInhabitants. Peace and Quiet.

Masters of And be it further enacted and ordained that all masters of Chinese vessels

Chinese vessels

to report frequenting the waters of this Colony shall report themselves immediately upon their

themselves.

arrival in such waters and previous to their departure to the registering officer who

shall grant them a certificate of entry or clearance on payment of a fee to be levied in

accordance with a scale hereafter at any time to be published by the Governor in

Council and subject to such alterations as the Governor in Council may at any time

declare.

Penalty on And be it further enacted and ordained that every master of a Chinese vessel

preceeding.

who shall not conform to the provisions of the section hereinbefore last mentioned

shall forfeit and pay a sum not exceeding twenty dollars .

Penalty on And be it further enacted and ordained that if any person shall wilfully conceal

evasion of this

Ordinance. or falsify the particulars of any information required of him for the purposes of this

Ordinance or shall on applying to be registered give a false name or description or shall

transfer or lend his registration ticket to any other person or shall wear or show the

registration ticket of another as his own for the purpose of evading the provisions of

this Ordinance he shall be liable to a penalty not exceeding fifty dollars.

And be it further enacted and ordained that all penalties enforced by this

Ordinance shall be recovered in a summary manner before any Police Magistrate and

that one moiety thereof shall go and be paid to the informer and in default of

payment the party shall be liable to imprisonment for any time not exceeding two

calendar months.

[ Repealed by Ordinance No. 18 of 1844. ]

No. 17 of 1844 .

Title. 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. ]

Preamble. HEREAS the inhabitants of Victoria and its vicinity have hereto

WH

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 surpressed and whereas it is manifest that such

watchmen or other person 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

ORDINANCE No. 17 OF 1844. 99

Peace and Quiet.

houses : Be it therefore enacted and ordained by the Governor for the No person to

make noise or

time being of the Colony of Hongkong and its dependencies with the disturbance

advice of the Legislative Council thereof that from and after the publication betweensun

set and six in

the morning.

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 noise or 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 aforesaid it shall and may be lawful for any such

occupier or inhabitant or 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.

2. And be it further enacted and ordained that if on any such Watchmen or

servants

investigation or proof as aforesaid it shall appear to the said presiding being

orders not to

Magistrate that the party so offending acted as watchman or servant of be held re

the proprietor or occupier of any dwelling- house warehouse or other sponsible.

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 dismiss the charge as against the watch

man 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 suchoccupier

or proprietor 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 exceeding fifty dollars and in default of payment to levy the

100 ORDINANCES Nos . 17 AND 18 OF 1844 .

Peace and Quiet. Registration and Census.

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 3. And be it further enacted and ordained that when so often as

occupier or

inhabitant of any such noise or noises as aforesaid shall be made in or upon any

any house to

be summoned dwelling-house or premises if it shall be impracticable or difficult to

in case of not

being able to apprehend discover or identify the person or persons so making such noise

apprehend

offender. or noises as aforesaid then and in such case it shall and may be lawful to

and for such Magistrate upon information 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 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 herein before provided.

No. 18 of 1844.

Title. An Ordinance to repeal Ordinance No. 16 of 1844 , and to establish

a Registry and Census of the Inhabitants of the Island of Hongkong.

[ 13th November, 1844. ]

Preamble. HEREAS it is expedient and required by Her Majesty's Government, that

W" a census should from time to time be taken of the population of the

Colony of Hongkong, in common with other parts of Her Majesty's dominions ,

and whereas to secure tranquillity and good order in the said Colony and its depen

dencies, consideration being had of the migratory habit of a portion of the population ,

and to prevent the resort thereto of abandoned characters and of persons without any

ostensible means of subsistence , it is also expedient that a registry be established of

persons resident and sojourning therein, and whereas also it is further deemed fitting

to repeal Ordinance No. 16 of the 21st August, 1844, passed for the purpose of such

registration :

ORDINANCE No. 18 OF 1844. 101

Registration and Census.

1. Be it therefore enacted and ordained by His Excellency the Governor of Registration

office to be

established.

Hongkong with the advice of the Legislative Council thereof for the several purposes

aforesaid that the said Ordinance No. 16 of the year 1844 be hereby repealed and that

there be established in some convenient locality in Victoria an office to be entitled

"The Census and Registration Office," and that the duties and business of this office be

discharged by a Registrar and such other officers and assistants and at such salaries as

the Governor in Council may be pleased to appoint subject to Her Majesty's pleasure.

2. And be it further enacted and ordained that from and after the 1st day of Persons required

to appear

personally before

January next, all male inhabitants of the age of twenty-one years and upwards, or capable Registrar.

ofearning a livelihood , resident in the Colony of Hongkong, with the exception of persons

employed in the civil, military, or naval services of Her Britannic Majesty, or the

Honorable East India Company, members of the learned professions, merchants,

shopkeepers, householders , and tenants of the Crown paying an annual rent of not less

than two hundred and fifty dollars for houses or lands, or persons possessing a means

of livelihood amounting to the annual sum or value of not less than five hundred dollars

a year shall be required once in every year to appear personally at the said office or at

such branch offices as may be from time to time established by the Governor and

Executive Council, to be there registered in manner hereinafter mentioned unless where

it shall appear advisable to the said Registrar General to dispense with the said

personal appearance of any one hereby required to be registered.

3. And be it further enacted and ordained that if upon enquiry it shall appear to Ticket to be

granted or

the Registrar General or such other officers so to be appointed as aforesaid that the otherwise.

said applicant is a fit and proper person to be permitted to reside in the said Colony it

shall be lawful for the said Registrar General or such other officers to be appointed as

aforesaid to grant him a registration ticket without any fee or charge whatsoever :

Provided, also, that if upon enquiry it shall appear to the said Registrar General or

such other officers so to be appointed as aforesaid that the said unregistered person is a

vagabond or bad character or without visible means of subsistence the said Registrar

General or such other officers as aforesaid shall have full power and authority to pro

hibit him from residing in the said Colony, unless such person shall have been born

within the Colony in which case he she or they shall be dealt with according to law

provided in such cases.

4. And be it further enacted and ordained that it shall and may be lawful to and Registrar by

direction of

for the said Registrar General, for the more effectual discharge of his duty, by and with Governor in

Council to divide

the direction of the Governor in Council , to divide the said Island into districts for the the Island into

districts, and

register one or

purpose of registry and to proceed to register one or more of such districts on such days more at different

periods.

and at such hours as shall appear fitting for such purpose.

5. And be it further enacted and ordained that the said registration ticket shall Ticket.

contain the name of applicant and the number of the ticket and the date at which it is

granted and such other particulars as to the aforesaid Registrar General may seem fit,

and that in the exercise of such discretion the said Registrar General shall have regard

to the particulars requisite to the formation of the returns of population required from

102 ORDINANCE No. 18 OF 1844 .

Registration and Census.

the Colonies of Great Britain by the Home Government : Provided always that as

regards persons of Chinese origin or extraction the name of the applicant shall be in

the Chinese character also .

Ticket to 6. And be it further enacted and ordained that the said registration ticket shall

continue in force

for one year.

continue in force for the period of one year from the date thereof and no longer and

that on the expiration thereof any person who shall not forthwith apply to be again

registered and obtain a fresh registration ticket shall be liable to the penalties inflicted

by the provisions of this Ordinance on persons residing in the said Colony without

being registered.

Headmen 7. And be it further enacted and ordained that no person being a headman

contractors, &c.,

prohibited from contractor, or other shall hire any or other persons coolies or workmen, not being pre

employing any

person

unprovided with viously resident in the Colony for the purpose of executing any work or service in the

a registration

ticket. said Colony, unless such person or coolie or workman not hereinbefore excepted shall

have previously obtained a registration ticket and shall produce the same to the

person so hiring him or them .

Penalty for 8. And be it further enacted and ordained that if any person shall knowingly

knowingly

retaining retain in his or her employment or harbour or suffer to reside in his or her house or on

unregistered

persons.

his or her premises any person hereby required to be registered who shall not be duly

registered according to the provisions of this Ordinance he shall be liable to a penalty

not exceeding twenty dollars.

Penalty for 9. And be it further enacted and ordained that if any person liable to be registered

neglecting to

register. under the provisions of this Ordinance shall be found residing in the said Colony for

the space of twenty-four hours without having been registered he shall be liable to a

Exemptions. penalty not exceeding twenty dollars : Provided always that nothing herein contained

shall be construed to extend to persons employed on board vessels of war or government

transports under any circumstances, nor to officers or seamen belonging to merchant

vessels lying in the harbour or roads of Victoria who previous to landing shall obtain

from the master or officer in charge of the said vessel leave to go ashore in writing

under his hand.

Tepos to send 10. And be it further enacted and ordained that all headmen or tepos shall be

in returns when

called for.

bound to give a return when called upon by the said registering officer of the boundaries

of their districts, of the names and occupation together with the particulars hereinbefore

set forth of all persons residing in their respective villages or districts and an account

of the sex, ages and country of all such persons and shall specify in the said return the

number of the house according to the register and the number of persons residing in

each house and every such tepo shall be liable to a penalty not exceeding twenty dollars

for each and every person hereby required to be registered found residing within their

respective villages or districts without being duly registered as aforesaid or whom they

´shall not have reported to or caused to be brought before the said registering officer,

or who shall fail after due requisition to make every such return as is hereby required .

Census. 11. And be it further enacted and ordained that for the purposes of the census

the said Registrar General or such other officer so to be appointed as aforesaid shall

ORDINANCE No. 18 OF 1844. 103

Registration and Census.

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 householder or

householders a blank return to be filled up before a certain day to be therein named

with the names and numbers of persons in his or their employment or residing within

his or their house or houses or on his or their premises and shall in every such return Return to be

made by

distinguish and describe the sex country and occupation of every person so resident as householders.

also whether any and which of them be either aliens or resident strangers and that on

or after the said day named in the said blank return the said householder or householders

is or 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 each.

12. And be it further enacted and ordained that all lighters bumboats ferry boats Boats, &c. to be

registered.

and other vessels plying for hire within the harbours and waters of this Colony shall be

duly registered with the number and description of the crew and of the persons living

therein by the said registering officer or such other officer so to be appointed as

aforesaid the said particulars to be entered in a book to be kept for that purpose and

a certificate of such registry shall be given to the master or headman of such lighter

bumboat ferry boat or other vessel the number of such registry to be legibly painted on

each side and on the stern of such lighter bumboat ferry boat or other vessel.

13. And be it further enacted and ordained that if any person not having pre Penalty on

boat-owners, &c.

viously obtained such certificate of registry and not having painted the number on

such lighter bumboat ferry boat or other vessel as is hereinbefore provided shall let

or hire or cause to be let or hired any such lighter bumboat ferry boat or other

vessel within the waters of the said Colony or shall show a false certificate of

registry or one granted for another vessel, or shall permit or connive at the said

certificate being made use of for another vessel, or shall paint or exhibit a false

number on the said lighter bumboat ferry boat or other vessel he shall for every such

offence forfeit and pay a sum not exceeding twenty-five dollars, and be liable to confis

cation of the boat on non -payment of the fine.

14. And be it further enacted and ordained that all masters of Chinese vessels Masters of

Chinese vessels

frequenting the waters of this Colony shall report themselves immediately upon their to report

themselves.

arrival in such waters and previous to their departure to the registering officer who

shall grant them a certificate of entry or clearance or if he see cause to withhold the

certificate of clearance, he shall report the same to Government.

15. And be it further enacted and ordained that every master of a Chinese vessel Penalty for

neglect.

who shall not conform to the provisions of the section hereinbefore last mentioned shall

forfeit and pay a sum not exceeding twenty dollars.

16. And be it further enacted and ordained that if any person shall wilfully conceal Penalty on

evasion of this

or falsify the particulars of any information required of him for the purposes of this Ordinance in

cases not

otherwise

Ordinance or shall on applying to be registered give a false name or description or shall provided for.

104 ORDINANCES Nos. 18 AND 19 OF 1844 .

Registration and Census. Harbour Regulation.

transfer or lend his registration ticket to any other person or shall wear or show the

registration ticket of another as his own for the purpose of evading the provisions of

this Ordinance, or shall refuse or fail to comply with any provisions of this Ordinance

he shall where no other penalty is hereinbefore specially provided be liable to a penalty

not exceeding fifty dollars.

Power to 17. And be it further enacted and ordained that in order to provide for the

Governor in

Council to vary

by proclamation changing circumstances of the said Colony it shall and may be lawful from time to

the provisions

of this time for the Governor and Executive Council by proclamation made in the usual

Ordinance.

manner to alter or vary the several provisions of this Ordinance.

Recovery of 18. And be it further enacted and ordained , that all penalties enforced by this

penalty.

Ordinance shall be recovered in a summary manner before any Police Magistrate and

that one moiety thereof shall go and be paid to the informer and in default of payment

and on failure of any sufficient distress the party shall be liable to imprisonment with

hard labor for any time not exceeding two calendar months.

Provided always that the penalty of imprisonment shall not in any case attach to

the violation of any of the provisions hereinbefore contained respecting the returns to

be made by any householder for the purpose of any census, so required as hereinbefore

mentioned and it is hereby further ordained and provided that in the interpretation of

this Ordinance every word importing the singular number only shall extend and be

General applied to several persons as well as one person and every word importing the mas

interpretation. culine gender only shall extend and be applied to a female as well as a male unless

when such rule of interpretation shall be inconsistent with the context of this Ordinance.

[ Repealed by Ordinance No. 7 of 1846. ]

No. 19 of 1844.

Title . An Ordinance for the better regulation of the Harbour and surrounding

Waters of the Island of Hongkong .

[ 26th November, 1844. ]

Preamble. HEREAS from the vicinity of the said Island to the mainland and from the

W circumstance of a considerable portion of the Chinese dwelling in boats and

the general necessity of introducing harbour and police regulations into the surrounding

waters of the said Island it is expedient and necessary that concerning the same present

and future regulations should be made :

Powers to Gov Be it therefore enacted by His Excellency the Governor of Hongkong with the

ernor in Council

from time to time advice of the Legislative Council thereof that it shall and may be lawful to and for the

to make laws and

regulations for said Governor with the advice of the Executive Council of the said Island from time

the harbour and

surrounding to time after the passing of this Ordinance to publish and declare such laws rules and

waters ofthe

ORDINANCES Nos . 19 AND 20 OF 1844. 105

Harbour Regulation. Martial Law.

regulations to be enforced by such fines and penalties as to him shall seem fit for the Island of Hong

kong ; such laws

better regulation of the harbour and surrounding waters of the Island of Hongkong, and regulations

to have the same

and that all such rules and regulations after being duly published in the newspaper or force and effect

as any ordinance

passed by the

Gazette used at the time for Government advertisements, shall respectively have the said Governor

with the advice

force and effect of any ordinance which might be passed by the said Governor with of the Legislative

Council.

the advice of the said Legislative Council.

[ Repealed by Ordinance No. 11 of 1845. ]

No. 20 of 1844 .

An Ordinance to empower the Governor of Hongkong with the advice of Title.

the Executive Council thereof in cases of exigency, to place any

Districts or Public or Military Stations of the said Island under

Martial Law.

[ 26th November , 1844. ]

HEREAS , it has been found that from the vicinity of the said Island to the Preamble.

W mainland of China a facility is afforded to armed and predatory parties of

landing in considerable numbers on the said Island of Hongkong : And whereas from

the yet unformed state of the Colony a considerable Police force is not of sufficient

ability to afford Her Majesty's subjects resident thereon adequate protection .

1. Be it therefore enacted and ordained by the Governor of Hongkong with the Power to Gov

ernor with the

advice of the Legislative Council thereof that from and after the passing of this advice ofthe Exe

cutive Council

to declare any

Ordinance it shall and may be lawful to and for the said Governor with the advice of district or public

or military post

the Executive Council of the said Island when and so often as the exigency of the case of the said Island

to be under mar

may seem to him and them to require such procedure, to declare by any public pro tial law by pro

clamation.

clamation or proclamations made in the usual manner and form that in and throughout

any certain district or in any public or military station of the said Island martial law

shall prevail, or that such place shall be under the control and governmentof such

law by the force and effect of such proclamation.

2. And be it further enacted and ordained that any such proclamation shall from Proclamation

to have the effect

and after the publication thereof have the full force and effect as of an ordinance passed of an ordinance.

by the said Governor with the advice of the Legislative Council of the said Island .

[Disallowance Proclaimed, 19th August, 1845.]

106 ORDINANCE No. 21 OF 1844 .

Salt, Opium Licensing &c.

No. 21 of 1844 .

Title. An Ordinance for licensing the Sale of Salt 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 Licences and Signatures .

[ 26th November , 1844. ]

Preamble. HEREAS it is expedient to raise such funds as may be necessary to defray the

W civil expenses of the Colony of Hongkong and its dependencies.

No person to act 1. Be it therefore enacted and ordained with a view to the part performance of

as weigher or

broker of salt or such object by His Excellency the Governor of Hongkong with the advice of the

retail opium

bhaang ganja

paun betel or Legislative Council thereof : That no person shall within the said Island of Hongkong

betel-leaf

without a licence or its dependencies or the waters thereof carry on the trade or occupation of a weigher

for that purpose.

or broker of salt or sell or retail any opium bhaang ganja paun betel or betel -leaf in

a smaller quantity than one chest for consumption without having previously obtained

a licence for that purpose from the Governor for the time being in Council .

Power given to 2. And be it further enacted and ordained that it shall be lawful for the Governor

Governor in

Council to grant

such licences to for the time being in Council to grant by licence to one or more persons the exclusive

one or more

persons. right and privilege of exercising the trade or occupation of a broker or weigher of

salt and of selling or retailing opium bhaang ganja paun betel and betel-leaf for

consumption in any quantity less than one chest within the said Colony and its

dependencies and the waters thereof.

Licences how to 3. And be it further enacted and ordained that the said licence or licences shall

be granted.

be granted to the highest bidders to be ascertained either 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 for consumption within the said Colony

of Hongkong or its dependencies 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.

Penalty for 4. And be it further enacted and ordained that if any person without having

weighing salt or

retailing opium obtained such licence as aforesaid or the permission or authority of the person so

bhaang ganja

pann betel and licensed as aforesaid shall exercise or carry on the trade or occupation of weighing

betel-leaf

contrary to law

and regulations . salt within the said Colony of Hongkong and its dependencies or the waters thereof

or shall sell or retail opium bhaang ganja paun betel and betel-leaf for consumption

in any quantity less than one chest or shall infringe any of the regulations from time

to time 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

ORDINANCE No. 21 OF 1844 . 107

Salt, Opium Licensing &c.

being duly paid after conviction the same shall be levied by distress in the usual man

ner on 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.

5. And be it further enacted and ordained that it shall and may be lawful to and Power to

Governor in

for the said Governor in Council from time to time to make such further regulations Council to make

regulations from

time to time.

or orders as to him shall seem fit, respecting the weighing or vending of salt or

opium bhaang ganja paun betel and betel -leaf with a power to enforce the same by

such penalties as shall seem expedient, provided always that such penalties shall not

exceed those hereinbefore imposed.

6. And be it further enacted and ordained that it shall and may be lawful to and Power to

Governor in

for the said Governor with the advice of the said Council to make hereafter all such Council to make

like regulations

for the farming

rules and regulations as to him may seem expedient concerning the farming selling selling and

retailing of

and retailing of bhaang ganja paun betel and betel-leaf and that in the making bhaang ganja

pann betel and

and enforcing of such rules and regulations he shall be vested with all and singular the betel-leaf as for

opium.

powers and authority hereby vested in him with respect to the farming selling and

retailing of opium.

7. And be it further enacted and ordained that no person shall exercise or carry No person to act

as pawnbroker

on the trade or occupation of a pawnbroker or of an auctioneer or shall keep a public auctioneer or

keep public

billiard table

billiard table without having previously obtained a licence from the Governor for the without a

licence.

time being in Council which licence 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 licence or licence 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 licence or licences.

8. And be it further enacted and ordained that if any person shall without having Penalty $200.

obtained such licence as aforesaid carry 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 of his goods and

chattels.

9. And be it further enacted and ordained that the Governor in Council if he see Auction duty

of 2 per cent.

fit shall be empowered to levy an auction duty of two-and -a-half per cent on all sales

by auction within this Colony.

10. And be it further enacted and ordained that every person who shall act as an Auctioneer to

make quarterly

auctioneer in the said Colony shall make and give at the office of the Colonial returns on oath

and deduct

auction duties.

Secretary once in every three months a faithful and true return on oath of all the sums

received at sales made by him as auctioneer within the said three months and that

108 ORDINANCES Nos . 21 AND 22 OF 1844.

Salt, Opium Licensing &c. Weights and Measures.

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 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 licence and such licence shall be absolutely void by

such neglect or default.

Table of official 11. And be it further enacted and ordained that the following official fees as set

fees to be levied

after the

passing of this forth in the annexed table shall be levied and made payable from and after the passing

Ordinance.

of this Ordinance all fees so levied to be paid into the Colonial Treasury.

TABLE OF FEES TO BE LEVIED AS FOLLOWS :

For granting a marriage licence $5

For the signature ofthe Governor "" 5

For the signature of the Colonial Secretary 99 2

A fee amounting to per cent on the annual value or salary of any commissions

or appointments by His Excellency the Governor.

[ Repealed by Ordinance No. 5 of 1845.]

No. 22 of 1844.

Title. An Ordinance for establishing Standard Weights and Measures, and for

preventing the Use of such as are False and Deficient .

[ 30th December , 1844. ]

Preamble. THEREAS it is necessary to provide against the use of fraudulent weights and

WH 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 standard now in force

and in use in China and 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 :

Certain weights 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with the

and measures in

the Colonial advice of the Legislative Council thereof, that the said several weights and measures

Treasury,

Victoria,

declared to be deposited in the Colonial Treasury in Victoria as aforesaid shall be there safely kept ,

standards.

and shall be, and they are hereby declared to be, the standard weights and measures of

Hongkong.

ORDINANCE No. 22 OF 1844 . 109

Weights and Measures.

2. And be it further enacted, that it shall be lawful for the Governor of the said Copies of such

standards to be

Colony to cause copies and models of the several weights and measures so deposited in made by order

of the Governor,

and having been

the Colonial Treasury in Victoria as aforesaid to be carefully made, and upon every verified and

marked, to be

such weight or measure being verified before such Governor, and approved of by him, deposited with

the Magistrate

to cause a mark or stamp to be legibly impressed or engraven thereon, to shew that of Police and

others.

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 deposited 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 ; and if any such person shall falsify or Penalty if

Magistrate or

otherwise wilfully injure such copies or models so deposited with him as aforesaid, he other person

shall falsify or

shall, on conviction thereof in a summary manner, forfeit and pay for every such wilfully injure

such copies.

offence the sum of one hundred dollars.

3. And be it further enacted, that in case any of the said standard weights or In case of

standards or

measures, or the copies or models thereof, shall be lost, destroyed, defaced, or other copies being

lost, others to be

supplied.

wise 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.

4. And be it further enacted, that all persons who may be desirous of comparing Persons to have

access to such

and adjusting any weights and measures, shall have access to all such copies and copies at all

reasonable times.

models of the standards so deposited as aforesaid at all reasonable times ; and it shall

be the duty of the respective Magistrates of Police, and such other persons as aforesaid, Magistrates and

others to

compare and

to compare every such weight and measure as shall be brought before them respectively stamp such

weights and

with such copies or models as aforesaid, and to stamp them accordingly with such measures as

shall be brought

marks as are herein aforesaid , without taking any fee or reward therein . before them for

that purpose.

5. And if any such Magistrate or other person shall fail, neglect, or refuse to Penalty ifthey

shall neglect or

compare or stamp any such weights and measures at all such reasonable times as he or refuse.

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 .

6. And be it further enacted , that as soon as conveniently may be after the taking Persons to be

appointed to

effect of this Ordinance, the * Chief Magistrate of Police in Hongkong shall be, and he examine

balances,

weights, and

is hereby directed to appoint one or more person or persons, who shall have power to measures.

[ * See Ord. No. 6

examine the balances , weights, and measures in Hongkong, and shall be duly sworn of 1862.]

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 empowered to administer.

110 ORDINANCE No. 22 OF 1844 .

Weights and Measures.

Examiners, 7. And be it further enacted , that it shall and may be lawful to and for the person

when so

directed, to visit

shops, &c., and or persons so to be appointed examiners as aforesaid, and they are hereby required, as

seize false or

deficient often as may be necessary, in the day-time to enter into the shop, house, mill,

balances,

weights, and store, outhouse, and other places near to such shop, mill, store, or house, and into the

measures.

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 whatsoever, 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

Upon conviction district or place within which any such balance, weight, or measure shall have been

false weights

and measures to seized as aforesaid ; and such Justice of the Peace is hereby authorized and required to

be destroyed .

inquire into, hear, and determine in a summary way, all informations , matters, and

things touching such seizures, and the person or persons in whose shop, house , mill,

store-house, outhouse, premises, stall, or standing-place, any such false, deficient, or

fraudulently stamped balance or balances, weight or weights, measure or measures , shall

be found, shall, upon conviction thereof, forfeit all such false, deficient, or fraudulently

stamped balances, weights, and measures, which balances, weights, and measures, so

forfeited, shall be broken or otherwise disposed of, as such Justice before whom such

And offender to conviction shall have taken place shall order and direct, and shall also forfeit and pay

forfeit a sum not

exceeding one for every such false, deficient, or fraudulently stamped balance, weight, or measure, such

hundred dollars.

sum of money, not 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 .

Penalty on 8. And be it further enacted, that if any person shall wilfully obstruct, hinder,

persons

obstructing

examiners, or resist, or in anywise oppose any of the persons hereby authorized and empowered to

refusing to

produce view and examine such balances, weights , and measures, in the execution of his office,

balances,

weights, or or if any person, selling by weight or measure shall refuse to produce his balances,

measures for

examination. 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 .

No person to sell 9. And be it further enacted , that from and after the first day of February, one

by any other

than the thousand eight hundred and forty-five, it shall not be lawful for any person to bargain ,

standard

weights and

measures. sell, deliver in payment, 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 herein

after excepted , ) upon pain of forfeiting for each and every such offence the sum of

Not to apply to one hundred dollars, to be recovered in a summary way ; Provided, however, that

contracts made

previous to nothing hereinbefore contained shall apply to contracts or bargains for the sale,

commencement

of Ordinance.

exchange, or delivery of any goods, wares, merchandise, or other thing bona fide made

ORDINANCE No. 22 OF 1844. 111

Weights and Measures.

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 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 established by this Ordinance.

10. And be it further enacted, that in every sale, barter, and exchange of any For stricken

measures.

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.

11. And be it enacted , that all fines and penalties provided by this Ordinance Fines &c. to be

levied and

shall (except when it is otherwise specially provided) be recovered, levied, and distri distributed in

manner provided

buted, on the offender being convicted in a summary way before any Magistrate of by Ordinance

No. 10 of 1844.

Police, or before any two Justices of the Peace, in the manner provided by Ordinance

No. 10 of 1844.

12. And be it further enacted, that nothing in this Ordinance contained shall be Not to apply to

the sale of

deemed or taken to extend or apply to the sale of medicines or precious metals , or medicines or

precious metals

precious stones , nor to the weights or measures bonâ fide used for the sale thereof. or stones.

13. And be it further enacted, that this Ordinance shall commence and take effect Commencement

of Ordinance.

from and after the first day of February, one thousand eight hundred and forty-five.

SCHEDULES TO WHICH THIS ORDINANCE REFERS .

A.

WEIGHTS .

10 Candareen or 分 Fun, make one Tseen, (Mace .)

10 Mace 39 錢 Tseen, "" 兩 Leang, (Tael. )

16 Taels 29 兩 Leang, ‫در‬ 斤 Kin, (Catty. )

100 Catties 担

+ Tam, (Picul.)

斤 Kin,

1 Picul "" 担 Tam, "" 石 Shik, (Stone. )

MEASURES OF LENGTH.

10 Fun, make one

寸 Tsun.

10 Tsun, + "" Chih. (or Covid. )

10 Chih, R 33 丈 Chang.

10 Chang, 99 引 Yin.

112 ORDINANCE No. 22 OF 1844.

Weights and Measures.

MEASURES OF GRAIN.

6 Suh, 粟 make one 圭 Kwei.

10 Kwei, 99 Tsoh, (or Pugil. )

10 Tsoh, 39 Chau, (or Handful . )

10 Chau, Choh, (or Ladle.)

5 Choh, "" Yoh, (or Cup. )

2 Yoh, "" Koh, (or Gill.)

10 Koh, A "" Shing, (or Pint. )

10 Shing, 27 Taw.

5 Taw, 39 #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.

Standard Measures of Capacity.

Avoirdupois Four Pounds.

Two Pounds. One Bushel.

One Pound . One Half Bushel.

One Half Pound. One Peck.

One Quarter Pound. One Gallon.

Two Ounces. One Half Gallon.

One Ounce. One Quart.

Eight Drams. One Pint.

Troy

Four Drams. One Half Pint.

Two Drams. One Gill.

One Dram. One Half Gill.

[Repealed by Ordinance No. 8 of 1885.]

ORDINANCES Nos . 1 AND 2 OF 1845 . 113

Triad and Secret Societies. Rating.

No. 1 of 1845.

An Ordinance for the suppression of the Triad and other secret Societies Title.

[See Ord. No. 12

of 1815.]

within the Island of Hongkong and its Dependencies.

[ 8th January, 1845. ]

HEREAS the Triad society and other secret societies prevalent in China exist Preamble.

W H among the inhabitants of the Island of Hongkong and whereas these associa

tions 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.

1. Be it therefore enacted and ordained by the Governor of Hongkong with the Member of Triad

and other secret

advice of the Legislative Council thereof that from and after the passing of this Or Societies guilty

offelony.

dinance if any person or persons being of Chinese origin in the said Island or its

dependencies shall be a member or members of the Triad society or other secret socie

ties 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 exceed

ing 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. [ So as it

can be construed to provide any penalty against members of any secret society other than the

Triad society under that or any assumed name repealed by Ordinance No. 12 of 1845. ]

[ Repealed by Ordinance No. 8 of 1887. ]

No. 2 of 1845.

An Ordinance to raise an assessed Rate on Lands, Houses, and Premises , Title.

within the Colony of Hongkong, for the Upholding of the requisite

Police Force therein .

[ 23rd May, 1845. ]

HEREAS it is deemed expedient and necessary that the Colony of Hongkong Preamble.

W should defray the Expenses attendant on the upholding and maintaining the

――――

Police Force thereof :

1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Governor to

appoint valuators

advice of the Legislative Council thereof, that it shall and may be lawful to and for of the lands,

houses, and

the said Governor, with the advice of the Executive Council, from time to time to premises within

the Island . [See

appoint two or more persons for the purpose of estimating the annual value of the Ord. No. 3 of

1851.]

114 ORDINANCE No. 2 OF 1845 .

Rating.

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 thereunto 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.

Valuation may be 2. And be it further enacted and ordained , that for the purposes of this Ordinance,

made annually.

the said Governor and Council may cause a new valuation to be made annually.

Assessment to be 3. And be it further enacted and ordained that for the purpose of levying the

made on the

annual valuation, said rate, a percentage at such an amount in the hundred as may annually be

and provision for

periods of determined on by the Governor, with the advice of the Executive Council, not exceeding

payment, notice

of assessment,

period of such a sum as shall be equal to the expenses of the Police establishment, shall be

payment, and

remedy for non assessed and paid in respect of every such valuation by the occupier, or owner of each

payment.

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 ofthe 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 Police 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 4. Provided always, that all religious edifices, hospitals, cemeteries , and buildings

institutions

exempted from strictly and exclusively appropriated to charitable purposes, and not being used as

assessment.

dwelling-houses, shall be exempted from assessment under this Ordinance.

Provisions forthe 5. And be it hereby enacted and ordained , that the Governor, with the advice of

appointment of

collectors. the Executive Council, shall have power to appoint 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 percentage as to the Governor

in Council shall seem fit.

Collectors to 6. And be it hereby enacted and ordained, that as soon after the first day of

make annual

returns and January in each year as may be found practicable, the officer collecting the assessment

provision for

their publication. under this Ordinance shall prepare a detailed statement exhibiting the sums 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 .

ORDINANCE No. 2 OF 1845 . 115

Rating.

7. And be it hereby enacted and ordained , that the said rate shall be payable Rate payable

quarterly in

advance.

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 respectively assessed at the time of such assessment.

8. And be it hereby enacted and ordained, that the owner of any land, dwelling Exemption as to

property not let,

house, or premises assessed, which may not be let to any tenant, shall be deemed the occupied, or

used.

occupier thereof : Provided always, that if such owner can show 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.

9. Provided always, that if any person from whom payment of the assessment Appeal against

assessment after

leviable under this Ordinance may have been demanded, and who shall have already payment thereof.

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 Ordinance

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 .

10. And be it further enacted and ordained, that it shall and may be lawful for Districts may be

exempted.

the said Governor, with the advice of the said Executive 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.

11. And be it hereby enacted and ordained, that no assessment made under the Interpretation

clause.

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, provided the directions of this Ordinance be in substance and effect

complied with .

12. And be it further enacted and ordained , that this Ordinance shall come into

operation and take effect from and after the first day of July next ensuing.

[ Repealed by Ordinance No. 5 of 1863. ]

116 ORDINANCE No. 3 OF 1845 .

Tobacco, &c. Licensing.

No. 3 of 1845.

Title. An Ordinance for Licensing the Retail of Tobacco and Snuff, within the

Colony of Hongkong, and the waters thereof.

[ 7th July, 1845. ]

Preamble. HEREAS it is expedient to make further provision towards defraying the civil

WH expenses of the Colony of Hongkong.

No person to 1. Be it thereof enacted and ordained by the Governor of Hongkong, with the

retail cigars, che

roots, snuff, or advice of the Legislative Council thereof, that from and after the first day of October

tobacco, without

a licence for that

purpose. next, no person or persons 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 licence 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 1 b. weight, or tobacco, manufactured or unmanufac

tured, (except prepared in the state of snuff, ) in a smaller or less quantity than 2 lbs.

weight thereof at a time, without such licence for that purpose .

Licence how to 2. And it is hereby provided, that every such licence shall be obtained from, and

be granted, and

particulars there granted by, the Colonial Secretary, on payment of a fee of twenty dollars, who shall

of.

duly register the issuing thereof, and that the said licence 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 licence.

Penalties impos 3. And be it further enacted and ordained, that if from and after the time limited

ed for the infrin

gement or viola for this Ordinance to come into operation and effect, any unlicensed person or persons

tion ofthis Ordi

nance. shall sell, vend, barter, or retail cigars, cheroots, snuff, or tobacco, manufactured or

unmanufactured , 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 recovered 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 suf

ficient 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.

[ Repealed by Ordinance No. 2 of 1858.]

ORDINANCES Nos . 4 AND 5 OF 1845 . 117

Licensing Public Houses &c. Salt and Opium.

No. 4 of 1845.

An Ordinance to amend Ordinance No. 11 of 1844 , entitled " An Ordi Title.

66

nance for Licensing Public Houses, and for Regulating the Retail

"of Fermented and Spirituous Liquors in the Colony of Hong

" kong."

[ 7th July, 1845. ]

HEREAS in and by the said Ordinance No. 11 of 1844, a sum of fifty dollars Preamble.

W is made payable on the issuing or registering of each licence for keeping a

public house, and the other purposes in said Act specified ; And whereas it is Fee on future

licences and

expedient that the said sum or fee of fifty dollars should be increased to the sum of renewals to be

raised to $ 100.

one hundred dollars : Be it therefore enacted and ordained by the Governor of

Hongkong, with the advice of the Legislative Council thereof, that from and after

the passing of this Ordinance, the fee payable for and upon all such licences 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 of fifty dollars.

[ Repealed by Ordinance No. 7 of 1858. ]

No. 5 of 1845 .

An Ordinance to repeal Ordinance No. 21 of 1844 , and to make better Title.

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 Licences and

Signatures.

[ 12th July, 1845. ]

HEREAS it is expedient to raise such funds as may be necessary to defray Preamble.

W the civil expenses of the Colony, and to amend the said Ordinance No. 21

of the year 1844 :

1. Be it therefore enacted and ordained, with a view to the part performance of No person to act

as a broker or

such objects by His Excellency the Governor of Hongkong, with the advice of the weigher ofsalt,

or retail opium,

Legislative Council thereof, that said Ordinance be and is hereby repealed, and that bhaang, ganja,

paun, betel, or

betel-leaf,

no person shall, within the said Colony of Hongkong or its dependencies, or the without a

licence.

waters thereof, carry on the trade or occupation of a broker or weigher of salt, or

118 ORDINANCE No. 5 OF 1845 .

Salt and Opium.

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 previously

obtained a licence for that purpose from the Governor for the time being in the

Executive Council.

Powers of the 2. And be it further enacted and ordained , that it shall be lawful for the said

Governor with

respect to the

granting of such Governor for the time being in said Executive Council to grant by licence to one or

licences.

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 re 3. And be it further enacted and ordained, that the said licence or licences

specting the

granting of such shall be granted to the highest bidders for the same respectively, to be ascertained by

licences.

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 licence or licences, within the said Colony of Hongkong or its dependencies, 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 impo 4. And be it further enacted and ordained, that if any person , without having

sed on unlicensed

dealers. obtained such licence 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 5. And be it further enacted and ordained, that it shall and may be lawful to

to the Governor

in Council to and for the said Governor in Council from time to time to make such further

make further

regulations

from time to regulations or orders as to him shall seem fit, respecting the weighing or brokerage

time.

of salt, or the sale of opium, bhaang, ganja, paun, betel, and betel-leaf, with the power

ORDINANCE No. 5 OF 1845 . 119

Salt and Opium.

to enforce the same by such penalties as shall seem expedient, provided always that

such penalties shall not exceed those hereinbefore imposed .

6. And be it further enacted and ordained , that it shall and may be lawful to Power to Gov

ernor in Council

and for the said Governor, with the advice of the said Council, to make hereafter all to make like

regulations for

the farming,

such rules and regulations as to him may seem expedient concerning the farming, selling, and

retailing of

selling, and retailing of bhaang, ganja, paun, betel, and betel-leaf, and that in the bhaang, ganja,

paun, betel, and

making and enforcing of such rules and regulations he shall be vested with all and betel-leaf, as

for opium.

singular the powers and authority hereby vested in him with respect to the selling,

farming, and retailing of opium.

7. And be it further enacted and ordained, that no person shall exercise or carry No person to act

as pawnbroker

on the trade or occupation of a pawnbroker or of an auctioneer, or shall keep a public or auctioneer,

or keep a public

billiard table,

billiard table, without having previously obtained a licence from the Governor of without a licence

for such

Hongkong for the time being in Council, which licence shall endure for the space of purposes.

one year from the date thereof : Provided always, that every person taking out a

pawnbroker's or an auctioneer's licence, or a licence 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 licence or licences.

8. And be it further enacted and ordained, that if any person shall, without Under penalty

not exceeding

having obtained such licences aforesaid, carry on or exercise the trade or occupation two hundred

dollars.

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 anything whatever to

public auction, or of taking anything 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 .

9. And be it further enacted and ordained, that the Governor in Council, if he Discretionary

power to levy

see fit, shall be empowered to levy an auction-duty of two -and-a-half per cent on all an auction-duty

of two-and-a-half

per cent on all

sales by auction within this Colony. * sales. [ Duty

abolished: See

Government

Notification 15th

March, 1849, and

an annualfee

of$150 imposed.

Subsequently

increased to $300:

See Government

Notification ,

Gazette

27th June, 1857.]

10. And be it further enacted and ordained, that every person who shall act as an Auctioneer to

make quarterly

auctioneer in the said Colony shall make and give, at the1 office of the Colonial returns on oath,

and deduct the

auction-duties-

Secretary, once in every three months, a faithful and true return on oath of all the his books being

liable to inspec

sums received at sales made by him as auctioneer within the said three months, and tion.

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

120 ORDINANCES Nos . 5 AND 6 OF 1845 .

Salt and Opium. Supreme Court.

auctioneer 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 licence, and such licence shall be absolutely void by such neglect or

default.

Official fees to 11. And be it further enacted and ordained, that the following official fees, as

be levied.

set forth in the annexed table, shall be levied and made payable from and after the

passing of this Ordinance -all fees so levied to be paid into the Colonial Treasury.

[ Repealed by Ordinance No. 5 of 1888. ].

TABLE OF FEES.

1. For granting a marriage licence, $5 .

2. For the signature of the Governor, $ 5 .

3. For the signature of the Colonial Secretary , $ 2 .

[ So much as relates in this Ordinance to smoking divans, opium, &c. repealed

by Ordinance No. 2 of 1858 : the whole Ordinance repealed by Ordinance No. 21 of

1887, except section 11. ]

No. 6 of 1845 .

Title. 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.

[ 19th August, 1845. ]

Preamble. HEREAS it is expedient that the matters embraced in Ordinance No. 15

W relating to the establishment of the Supreme Court of Hongkong, trial by

jury, criminal proceedings , and the summary jurisdiction of the Court, should be pro

vided for by separate and distinct ordinances ; Be it therefore enacted and ordained

by His Excellency the Governor of Hongkong, by and with the advice of the Legislative

Ordinance No. Council thereof, that the said Ordinance No. 15 shall, from and after the passing of

15 of 1844 re

pealed. this Ordinance , be, and the same is hereby repealed .

Former Court 2. And be it further enacted and ordained, that from and after the passing of

at Hongkong

abolished. this Ordinance, the Court at Hongkong with criminal and admiralty jurisdiction, which

has hitherto been holden by the Chief Superintendent, shall be, and it is hereby

abolished.

A Supreme Court 3. And be it further enacted and ordained, that there shall be within and for the

of Record to be

instituted Colony of Hongkong a Court, which shall be called "The Supreme Court of Hongkong,"

therein.

and that the said Supreme Court of Hongkong shall be a Court of Record.

ORDINANCE No. 6 of 1845 . 121

Supreme Court.

4. And be it further enacted and ordained, that the law of England shall be in How far the law

of England to

full force in the said Colony of Hongkong, except where the same shall be inapplicable prevail.

to the local circumstances 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.

5. And be it further enacted and ordained , that the said Supreme Court of Hong Constitution of

Court.

kong 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.

6. And be it further enacted and ordained , that the said Supreme Court shall have Seal ofthe Court.

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.

7. And be it further enacted and ordained, that no Judge of the said Supreme Judges to hold

no other office

Court shall be capable of accepting, taking, or performing, any other office or place of of profit.

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.

8. And be it further enacted and ordained, that there shall be and belong to the Officers of the

Court.

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 execution of all the powers

and authorities which are granted and committed to the said Court by this Ordinance.

9. And be it further enacted and ordained, that the several superior officers of the Officers how to

hold office.

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 Majesty, subject to suspension by the Governor, in like manner as other

122 ORDINANCE No. 6 OF 1845 .

Supreme Court.

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.

Admission of 10. And be it further enacted and ordained , that the said Supreme Court is hereby

barristers and

attornies.

authorized and empowered to approve, admit, and enrol such persons as shall have

been admitted barristers or advocates in Great Britain or Ireland, to practise as bar

risters ; and such persons as shall have been admitted as solicitors , attornies , or writers

in one of the Courts at Westminster, Dublin, or Edinburgh, 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, attornies, or proc

tors, in any other of Her Majesty's British colonies, to practise as solicitors, attornies,

and proctors in the said Court ; subject nevertheless to be removed and struck off from

the rolls of the said Court, upon reasonable cause. [ Repealed by Ordinance No. 3 of

1871.]

Fit persons to 11. Provided always, and be it further enacted and ordained, that in case there

be admitted to

practise for shall not be a sufficient number of barristers, solicitors , attornies, and proctors within.

three months in

case of necessity.

the said Colony, competent 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 , attornies, and proctors, as may be necessary, according to

such rules and regulations 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 readmitted without obvious necessity.

Sheriff of Hong 12. And be it further enacted and ordained, that the sheriff of Hongkong for the

kong to execute

writs and pro time being shall, by himself or his sufficient deputy, (to be by him appointed, and

cess.

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, com

mands, 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 execu

tion 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 . [Repealed by Or

dinance No. 1 of 1873. ]

Process against 13. And be it further enacted and ordained, that whenever the said Supreme

sheriff.

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 Court shall name and appoint some other fit person

ORDINANCE No. 6 OF 1845 . 123

Supreme Court.

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 proceedings shall be sug

gested and entered on the records of the said Court. [ Repealed by Ordinance No. 1 of

1873. ]

14. And be it further enacted and ordained , that the said Supreme Court shall Jurisdiction of

Court.

have the same jurisdiction in the said Colony of Hongkong and its dependencies, as

Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have Legal.

in England ; and shall be a Court of Oyer and Terminer and Gaol delivery, Assize, and

Nisi Prius.

15. And be it further enacted and ordained , that the said Supreme Court shall be Equitable.

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 of

the Lord High Chancellor of England, with full liberty to appoint and control guar

dians 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.

16. And be it further enacted and ordained, that the said Supreme Court shall Ecclesiastical.

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 whatsoever 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. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 18

17. Provided always, and be it further enacted and ordained, that the said Court to reserve

power of revo

Supreme Court is hereby authorized and required, where letters of administration shall cation.

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,

124 ORDINANCE No. 6 OF 1845 .

Supreme Court.

whenever he shall duly appear and sue forth the same. [Repealed by Ordinances No. 5

of 1858 and No. 8 of 1860.]

Court to grant 18. And be it further enacted and ordained, that the said Supreme Court shall

letters of admi

nistration to

next of kin, grant and commit letters of administration to any one or more of the lawful next of

kin of persons so dying as aforesaid, being then resident within the jurisdiction of the

said 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

or to the Re not appear and pray the same, to the Registrar of the said Court, or to such person or

gistrar.

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. [ Repealed by

Ordinances No. 5 of 1858 and No. 8 of 1860. ]

Administrator

to enter into 19. And be it further enacted and ordained, that every person to whom letters of

bond.

administration shall be committed shall, before 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 condition of the said bond shall be to the following effect, -" that if the above bounden

bond.

"administrator of the goods, chattels, and effects of the deceased, do make, or cause to

" be made, a true and perfect 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

66

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 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 shall be lawfully required ; and all the rest and residue of

" the said goods, chattels, credits, and effects which shall be found from time to time

"remaining upon the said administration account, the same being first examined and

" allowed by the said Court, shall and do pay and dispose of in a due course of

66

administration, or in such manner as the said Court shall direct, then this obligation

How bond to be "to be void and of none effect or else to be and remain in full force and virtue." And

put in suit.

in case it shall be necessary to put the said bond in suit, for the sake of obtaining the

effect thereof for the benefit of such person or persons as shall appear to the said Court

ORDINANCE No. 6 OF 1845. 125

Supreme 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 General for the time being of the said Colony, and the said bond shall not be

sued in any other manner. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860. ]

20. And be it further enacted and ordained , that the said Supreme Court shall Court to fix

periods at which

fix certain periods when all persons to whom probates of wills and letters of administra accounts shall

be passed.

tion 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. [ Repealed by Ordinances No. 5 of 1858 and No. 8 of 1860. ]

21. And be it further enacted and ordained , that it shall and may be lawful for Allowances to be

made to execu

the said Supreme Court, to allow to any executor or administrator of the effects of any tors or adminis

trators.

deceased person (except as herein mentioned) such commission or percentage 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 chargeable 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.

[ Repealed by Ordinance No. 8 of 1860. ]

22. And be it further enacted and ordained : that where letters of administration, Payment of

moneyinto

or "ad colligenda bona " have been granted to the Registrar under an Act of Parliament Treasury.

passed at a session holden in the 39th and 40th years of the reign of King George the

Third, intituled An Act for establishing further Regulations for the Government of the 39 & 40 Geo. 3, c.

79. s. 21.

British Territories in India, and the better administration of Justice within the same, or

126 ORDINANCE No. 6 of 1845 .

Supreme Court.

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 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 otherwise 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 monies which

may have been paid into his hands as aforesaid without such order. [ Repealed by

Ordinance No. 8 of 1860. ]

Power to regu

late sittings of 23. And be it further enacted and ordained, that it shall be lawful for the said

the Court, and

to make rules Supreme Court to make and prescribe such rules and orders , touching the times and

and orders.

place of holding the Court, form of process, pleadings, and other business and proceed

ings 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.

Arrest allowed

in case of deb 24. And be it further enacted and ordained, that if any person shall have a claim

tors being about

to leave the or ground of action , of whatever nature, against any other person who shall be about to

Colony.

[Amended by

Ordinance No. 5 leave the said Colony, and to proceed to parts beyond the jurisdiction of the said

of 1852.]

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 otherwise, 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

Bail-bond. thereof, give to the defendant a true copy : Provided always , that if upon any such

arrest the defendant shall give to the sheriff reasonable security by bond or obligation

of the said defendant, and of one or more other person or persons having sufficient pro

ORDINANCE No. 6 OF 1845 . 127

Supreme Court .

perty 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 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 .

25. And be it further enacted and ordained, that if upon the trial of any suit or Malicious arrest.

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 misrepresentation 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 arrests or holding to bail, together with such further sum of money as to the said

Chief Justice shall seem fit, as a reasonable compensation 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.

26. And be it further enacted and ordained, that it shall and may be lawful to and Allowance of

expenses and

for the said Supreme Court, in all proceedings therein, whether of a civil or criminal compensation

to witnesses.

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.

27. And be it further enacted and ordained, that if any person served with a Punishment of

witnesses for

subpæna to attend the said Supreme Court as a witness in any suit or action therein, or non-attendance,

and of persons

upon the trial of any indictment or information, shall refuse or neglect to attend the guilty of a con

tempt of Court.

said Court pursuant to such subpæna , or if any person shall be guilty of any contempt

128 ORDINANCE No. 6 OF 1845 .

Supreme Court.

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 exceeding two calendar months : Provided, that nothing herein contained

shall affect or abridge the right of any plaintiff or defendant to proceed against any

party for not appearing pursuant to his subpana, for the recovery of any special

damage such plaintiff or defendant may have sustained by reason of the disobedience

of any such party.

Perjury. 28. And be it further enacted and ordained, that if in any suit or action, or in any

proceeding connected therewith, it shall appear to the ChiefJustice of the said Supreme

Court, that any person examined as a witness upon oath, or, if a quaker, on affirmation ,

has committed wilful and corrupt perjury, or that any person, in swearing or affirming

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 hereinbefore given shall be in full force and operation , notwithstanding any

irregularity or want of form in the administration of the oath or affirmation.

Writ of error. 29. And be it further enacted and ordained , that the Governor, 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. [ Repealed by Ordinance No. 2 of 1846. ]

Interpretation 30. And be it further enacted and ordained, that in the construction of this

clause.

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 .

ORDINANCE No. 6 OF 1845 . 129

Supreme Court .

SCHEDULE TO WHICH THIS ORDINANCE REFERS.

No. 1 .

Writ of Capias ad Respondendum.

VICTORIA, by the Grace of God of the United Kingdom of Great Britain and Ireland Queen , Writ of capias ad

respondendum.

Sec. 24.

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 movable 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 Honorable 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.

Form of Bail-bond.

KNOW all men by these presents, that we, C. D. of Bail-bond to the

and L. M. of sheriff. Sec. 24.

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 administrators, firmly by these presents. In witness

whereof we have hereunto set our hands and seals this

day of in the Year of our Lord

The condition of this obligation is such, that if the above bounden C. D. do appear in person, or by his Condition.

attorney, before the Chief Justice of the Supreme Court of our Lady the Queen of the Colony of

130 ORDINANCE No. 6 OF 1845 .

Supreme Court.

Hongkong on the day of to answer A. B. wherefore (following

the statement in the writ ofcapias ad respondendum ) and also shall stand to, abide, and perform the

judgment of the said Court thereon , or render himselfto 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 .

Signed sealed and delivered C. D. (L. S.)

in the presence of L. M. (L. S.)

M. N.

O. P.

[ Repealed by Ordinance No. 12 of1873, saving existence of Supreme Court and Officers. ]

NOTE.- Regula generales were made under this Ordinance at the times and dates following viz. : —

In Easter Term 1845.

99 Michaelmas Term 1st November, 1845.

99 Easter Term 1st March, 1847.

99 Hilary Term 1st January, 1848.

"9 Easter Term 1st March, 1848.

"9 Easter Term 1st March, 1849.

་་ Michaelmas Term 31st October, 1854. ( See Gazette 4th November, 1854. )

99 Michaelmas Term 14th November, 1859. ( See Gazette 26th November, 1859.)

99 "" of the 13th April, 1870. ( See Gazette ofthe 16th of the same month.)

19 99 of the 23rd February, 1871. (See Gazette ofthe 25th ofthe same month.)

ORDINANCE No. 7 OF 1845 . 131

Jurors.

No. 7 of 1845 .

An Ordinance for the Regulation of Jurors and Juries . Title.

[See Ordinance

No. 4 of 1849.]

[ 19th August, 1845. ]

´HEREAS owing to the smallness of the population at present existing in the Preamble.

W 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 ; Be it

therefore enacted and ordained by the Governor of Hongkong, with the advice of the Number of

jurors.

Legislative Council thereof, that all questions of fact, whether of a civil or criminal [As to Coroner's

inquests see

nature, upon which issue shall be taken in the course of any proceeding before the Ordinance No.

5 of 1847.]

Supreme Court, and all questions of idiotcy, lunacy, or unsoundness of mind, shall be

decided by the verdict of a jury of six men .

2. And be it further enacted and ordained, that every male person between the Who qualified

and liable to

ages of twenty-one years and sixty years, being of sound mind, and not afflicted with serve as common

jurers.

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 tenaut to any other person, or who shall be in the receipt of an

annual salary or income of not less than one thousand dollars per annum, [ “five hundred

dollars" as amended by Ordinance No. 4 of 1849. ] 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.

3. And be it further enacted and ordained , that if either the plaintiff or the Special jury.

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.

132 ORDINANCE No. 7 OF 1845 .

Jurors.

Qualification of 4. And be it further enacted and ordained , that every male person between the

special jurors.

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 5. And be it further enacted and ordained, that from and immediately after the

ont jury lists,

and transmit publication of this Ordinance, the sheriff of the said Colony of Hongkong shall make

same to Regis

trar. 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 6. And be it further enacted and ordained, that if any sheriff, or other minister,

sheriff for ne

glect of duty. 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 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.

Jury list to be 7. And be it further enacted and ordained, that on or before the first day of

in use for one

year. January which will be in the year of our Lord one 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.

Order of sum 8. And be it further enacted and ordained, that whenever it shall be requisite to

moning juries.

summon a jury, the sheriff shall summon the 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.

Summons. 9. And be it further enacted and ordained , that the sheriff 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

ORDINANCE No. 7 OF 1845 . 133

Jurors.

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.

10. And be it further enacted and ordained , that the sheriff shall also , at the Panel.

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.

11. And be it further enacted and ordained , that if any juror, having been duly Penalty for non

attendance.

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.

12. And be it further enacted and ordained, that at the sitting of the Court the Jury to be

balloted for.

names of all the jurors summoned shall be written 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 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.

13. And be it further enacted and ordained, that no person who shall be put No challenge

except for cause.

upon his trial either for treason, felony, or misdemeanour, shall be allowed to challenge

any of the jurors except for cause.

14. And be it further enacted and ordained , that whenever there shall be a Talesmen.

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.

15. And be it further enacted and ordained , that the names of the persons sworn As to jury for

new cases.

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 :

134 ORDINANCE No. 7 OF 1845 .

Jurors.

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 16. And be it further enacted and ordained , that after the jury in any case shall

sworn or char

ged with any have been sworn, or charged with any prisoner, they shall be kept in some convenient

prisoner, to be

kept. 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 to ask whether they are agreed upon

their verdict, or to communicate between them and the Court.

How jury to be 17. And be it further enacted and ordained, that whenever it may be necessary

kept when

necessary to for the Court to adjourn the further sitting of the said Court during the trial of any

adjourn the

Court.

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.

Provision in case 18. And be it further enacted and ordained, that if, during the trial of any action,

of death or dis

ability ofjuror. indictment, or information, any one or more 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, indict

ment, or information, to be proceeded with in like manner as if the full number of

jurors had continued to serve on the jury, and auy 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 im

panelled, sworn, and charged with any prisoner ; and the action, indictment , or infor

mation shall be tried as if such first jury had not been impanelled.

In case jury 19. And be it further enacted and ordained , that whenever the jury in any case

cannot agree

upon verdict. has withdrawn, and been kept apart for the 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

ORDINANCE No. 7 OF 1845 . 135

Jurors.

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.

20. And be it further enacted and ordained, that the verdict of the jury shall in Verdict.

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 there

upon 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.

21. And be it further enacted and ordained , that in the construction of this Or Interpretation

clause.

dinance wherever in describing any person or party, matter or thing , the word import

ing the singular number 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 several

matters or things as well as one matter or thing, respectively, unless there be some

thing, in the subject or context repugnant to such construction.

SCHEDULE TO WHICH THIS ORDINANCE REFERS .

Summons to Jurors.

Mr. A. B.

You are hereby summoned to appear as a (either common or special as the case may be,) juror at the Summons to juror.

Sec. 9.

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 hundred dollars in the case of a special juror.

[ Repealed by Ordinance No. 4 of1851. ]

136 ORDINANCE No. 8 OF 1845 .

Criminal Proceedings.

No. 8 of 1845.

Title. An Ordinance to regulate Criminal Proceedings .

[ 19th August, 1845. ]

Indictment or E it enacted and ordained, that for the purpose of bringing a criminal case under

information.

BR the cognizance of the Supreme Court, an 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. [ See

Ordinance No. 6 of 1846. ]

Effect of plea of 2. And be it further enacted and ordained , that every prisoner, upon being

" Not guilty."

arraigned upon or charged with any indictment 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 .

Refusal to plead. 3. And be it further enacted and ordained , that if any prisoner being arraigned

upon, or charge 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 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 4. And be it further enacted and ordained, that before the jury are charged with

indictment or

information.

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 5. And be it further enacted and ordained, that no judgment upon any indictment

be reversed,

except upon or information, whether after verdict of the jury, or upon confession of the prisoner, or

objections

arising upon

record. 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 6. And be it further enacted and ordained, that no such judgment shall be stayed

be reversed for

want of aver or reversed for want of the averment of any matter unnecessary to be proved ; nor

ments of

immaterial because any person or persons mentioned in the indictment or information is or are

matters, &c.

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

ORDINANCES Nos . 8 AND 9 OF 1845 . 137

Criminal Proceedings. Supreme Court- Summary Jurisdiction.

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.

7. And be it further enacted and ordained , that in the construction of this Interpretation

clause.

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.

[Repealed by Ordinance No. 3 of 1865. ]

No. 9 of 1845 .

An Ordinance to invest the Supreme Court of Hongkong with a summary Title.

Jurisdiction in certain Cases .

[ 19th August, 1845. ]

THEREAS it is expedient that debts and damages of a small and trifling amount Preamble.

WH should be recoverable in the Supreme Court of Hongkong in a summary and

expeditious manner :

1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Summary

jurisdiction of

advice of the Legislative Council thereof, that the said Supreme Court shall have full Court.

[See Ordinance

No. 5 of 1854.J

power and authority to hear and determine in a summary way, and without the inter

vention 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, [Amended by Section 2 of Ordinance No. 3 of 1849. ] 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. [ Amended further by Ordinance No. 5 of 1854. ]

138 ORDINANCE No. 9 OF 1845 .

Supreme Court - Summary Jurisdiction.

No cause of 2. And be it further enacted and ordained , that no cause of action or complaint

action to be split,

but the Court which shall exist at any one time, and amount in the whole to a sum exceeding the sum

may decide *

thereon, if of one hundred dollars as aforesaid, shall be split or divided so as to be made the

plaintiff be

satisfied to

receive the sum ground of two or more different actions or complaints, in order to bring such cases

awarded in full

of all demands. within the summary jurisdiction created by this Ordinance ; but if the Chief Justice

[* See Ordinance

No. 3 of 1849.] 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, accord

ing 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 dis

charge 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 3. And be it further enacted and ordained, that nothing herein contained relating

jurisdiction in

certain cases.

to the summary jurisdiction aforesaid shall extend to any debt being the disputed bal

ance 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. [In so far

as it relates to any disputed balance of an unsettled account : Repealed by Ordinance No.

3 of1849.]

Power to 4. And for the better discovery of the truth, and the more speedily obtaining the

examine

plaintiff's and end of such actions or complaints, be it further enacted and ordained, that it shall and

defendants on

oath, and to may be lawful for the said Chief Justice to examine the plaintiff or plaintiffs, defendant

award costs, &c.

or defendants , viva voce 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, 5. And be it further enacted and ordained, that the several proceedings , orders,

orders, &c. to be

in form decrees, and dismissals, which shall be taken, prosecuted, made, and pronounced in

prescribed in

schedule. 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 .

ORDINANCE No. 9 OF 1845 . 139

Supreme Court- Summary Jurisdiction.

6. And be it further enacted and ordained , that it shall be lawful for the said Court may

dismiss action or

Chief Justice, and he is hereby authorized and empowered, to dismiss any such action complaint with

costs.

or complaint before him with costs, and either on the merits, or without prejudice to

further or other proceedings , as he shall think fit.

7. And be it further enacted and ordained , that if any action or suit shall be Consequences of

not proceeding

under summary

commenced in the said Supreme Court for any debt or damages other than herein jurisdiction.

[ * See Ordinance

before excepted, not exceeding the sum of one hundred dollars, * and recoverable under No. 3 of 1849.]

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 whatsoever ; 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.

8. And be it further enacted and ordained , that no person whatever shall be Plaintiffs and

defendants to

attend

permitted to appear and act in any such summary proceeding for or on behalf of any personally,

unless

plaintiff or defendant therein, unless it shall be first proved to the satisfaction of the unavoidably

prevented.

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 .

9. And be it further enacted and ordained, that the provisions contained in the Witness not

attending, and

26th section of Ordinance No. 6, with respect to the non-attendance of witnesses persons guilty

of contempt,

pursuant to their subpoenas, and to persons guilty of a contempt of Court, shall apply how punished.

to and be in force as to all matters and proceedings under the summary jurisdiction

of the said Supreme Court.

10. And be it further enacted and ordained , that the provisions contained in the Perjury.

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.

11. And be it further enacted and ordained, that in each and every case within Execution.

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 ofthe goods, chattels and effects, lands,

tenements, and hereditaments, of the defendant, or to arrest the defendant, as the

140 ORDINANCE No. 9 OF 1845 .

Supreme Court- Summary Jurisdiction.

Power to appoint case may be : Provided that it shall be lawful for the said Chief Justice, and he is

special bailiffs.

hereby empowered and authorized , when thereto required by the plaintiff in any suit

or proceeding 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 12. And be it further enacted and ordained, that all such orders and decrees

decrees may be

executed shall and may be carried into execution in any district or place whatsoever within the

anywhere within

the Colony.

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 hereditaments, may

Time of levy. 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 13. And be it further enacted and ordained, that for the purpose of preventing

proceeding in

the writ of any disputes as to the mode of executing the said last mentioned writ or precept, the

execution.

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 bailiffs 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

Proviso as to defendant, as hereinafter is mentioned : Provided that if previous to the sale of the

disputed claim

to goods, &c. property so levied upon a disputed claim shall be made thereto, and such claim 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 decree 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.

Imprisonment 14. Provided always, and be it further enacted and ordained, that every such de

by process of

Court not to fendant who shall be arrested and taken in execution under the process of the said

exceed three

months.

[* But see Supreme Court, as aforesaid, shall and may be imprisoned in the prison of the said

Ordinance No. 3

of 1849.] 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

ORDINANCE No. 9 OF 1845 . 141

Supreme Court- Summary Jurisdiction.

for the complainant, at any time within three years after such order or decree,

to take out fresh execution against any estate or effects which such defendant may Liability of

future effects.

have become possessed of or entitled to, until such order or decree shall be fully

satisfied.

15. And be it further enacted and ordained, that no execution awarded against the Execution not to

prejudice

goods of any party or parties shall extend to or be construed to extend to deprive any landlords.

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 8 Anne, c. 14.

the better Security of Rents, and to prevent Frauds committed by Tenants , of recovering one

year's rent by virtue of and in pursuance of the said Act.

16. And be it further enacted and ordained , that it shall be lawful for the said Court may order

money to be

Chief Justice, whenever it shall appear to him that the levy of the full amount of any paid by

instalments.

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 instal

ment 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.

17. And be it further enacted and ordained , that all orders and decrees, or other Orders to be

final.

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 what

soever.

18. And be it further enacted and ordained, that in case any action or suit shall Actions against

officers, &c.

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 anything done in pur

suance 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 such suit or action, to plead the

general issue, and give this Ordinance and the special matter in evidence ; and in case General issue.

the plaintiff or plaintiffs in such action or suit shall have a verdict pass against him or

them , or be non- suit, or discontinue his, her, or their action or suit, the defendant or

defendants shall, in any of the said cases, be allowed double costs.

19. And be it further enacted and ordained , that no action or complaint, or other Proceedings not

to be set aside

proceeding under the summary jurisdiction given by this Ordinance, shall be treated or for want of form.

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 mislead the opposite

party shall and may, in all cases, be amended or altered by the Court.

142 ORDINANCE No. 9 OF 1845 .

Supreme Court - Summary Jurisdiction.

Allowance and 20. And be it further enacted and ordained, that in all actions and complaints or

recovery of fees.

[Sec Ord. No. 3 other proceedings under the summary jurisdiction given by this Ordinance, the fees

of 1849. ]

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 emolu

ments 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 sum

mary way by order, and on non- payment, by warrant of distress and sale, under his

Registrar to hand, and sealed with the seal of the Court ; and the said fees shall be received and

receive and

account for fees.

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 21. And be it further enacted and ordained, that it shall and may be lawful to

rules and orders.

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 to him shall seem fit and necessary.

Interpretation 22. And be it further enacted and ordained, that in the construction of this

clause.

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 .

Forma relating to SCHEDULE TO WHICH THIS ORDINANCE REFERS .

summary

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 juridiction, his plaint against C. D., of

in the said Colony, for a sum of being for (here state generally the cause

ofaction) , 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.

To

Summons. Hongkong You are hereby summoned and required to attend the Supreme Court of Hongkong to be

to wit

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

ORDINANCE No. 9 OF 1845 . 143

Supreme Court- Summary Jurisdiction.

entered against you in the said Court for the sum of being for (here state

cause ofaction 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 Honorable 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.

SUPREME COURT OF HONGKONG.

Between A. B., Plaintiff.

and C. D., Defendant.

agkong The Chief Justice having appointed the day of

Notice oftrial.

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.

To

In the above case.

Subpæna.

To

Hongkong

gkong You, and each of you, are hereby commanded that, all excuses being laid aside, you, and Subpana.

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 Honorable John Walter Hulme,

Our Chief Justice of our said Colony at Victoria,

the day of

in the Year of our Reign.

144 ORDINANCE No. 9 OF 1845 .

Supreme Court- Summary Jurisdiction.

Order or Decree in Favour of Plaintiff.

A. B., Plaintiff.

C. D., Defendant.

Decree in favour of Hongkong It appearing to the Court that the plaintiff hath proved his demand (wholly or in part),

plaintiff.

to wit (

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

y ed

hereb order to pay to the said A. B. the plaint iff 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.

Form of Dismissal.

A. B., Plaintiff.

C. D., Defendant.

Dismissal, Sec. 6. 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 1 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 or Order on Decree of Dismissal, for Non -payment of Costs.

Warrant on I authorize and empower the bailiff of this Court, and his

dismissal. assistants to execute the above decree.

Dated the day of in the Year of our Lord 184 4

Costs ..... £

Warrant *******

£

Chief Justice.

ORDINANCE No. 9 OF 1845 . 145

Supreme Court- Summary Jurisdiction.

Writ or Precept to Bailiff.

SUPREME COURT OF HONGKONG.

Between A. B., Plaintiff.

and C. D., Defendant.

To Mr. Bailiff, and his assistants.

Hongkong

gkong You are hereby commanded to levy of the goods, chattels, and effects, lands , tenements , Writ or Precept to

bailiff, Sec. 11.

and hereditaments, of of in the Colony of Hongkong, the

sum of which of lately recovered against

for

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 Gaols, 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 Honorable 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

Subpoena

Execution ...

Alias ........

Pluries …………………… ... ..............................

Alias or Pluries.

You are hereby commanded, as before you were commanded (or, as " oftentimes," before you were Alias, &c.

commanded, and then follow the above form.)

Order to discharge Defendant 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

to wit Order to discharge

defendant out of

named defendant, as far as regards the execution in the above case. custody.

By Order of the Court.

Registrar.

To the Sheriff of Hongkong, or any Deputy Sheriff thereof.

146 ORDINANCES Nos . 9 AND 10 OF 1845 .

Supreme Court- Summary Jurisdiction. Aliens - Naturalization .

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 signing 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

[ Repealed by Ordinance No. 7 of 1862. ]

No. 10 of 1845.

Title. An Ordinance for the Naturalization of Aliens within the Colony of

Hongkong and its Dependencies.

[ 1st October, 1845. ]

Preamble. HEREAS certain aliens , merchants, and others, have hitherto become residents

W 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 :

Power to the 1. Be it therefore enacted and ordained by His Excellency the Governor of Hong

Governor of

Hongkong to kong, with the advice of the Legislative Council thereof, to encourage the settling of

grant letters

of naturalization aliens, and for the aid and assistance of those already settled, that it shall and may be

in certain cases,

the privileges lawful to and for the Governor of the said Colony, and his successors from time to time,

conferred

thereby being and in all cases where he or they may deem it expedient, to grant letters of naturaliza

limited to the

said Colony.

tion 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 Magistrate 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

ORDINANCES Nos. 10 AND 11 OF 1845 . 147

Aliens- Naturalization . Harbour Regulation.

of the same being granted , be 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.

[Disallowance Proclaimed, 1st January, 1848. ]

No. 11 of 1845.

An Ordinance for the further Regulation of the Harbour of Hongkong , Title.

and to repeal Ordinance No. 19 of 1844.

[ 6th October, 1845 .

HEREAS by a certain ordinance made and passed on the twenty-sixth day of Preamble.

WH November, in the year of our Lord one thousand eight hundred and forty- four,

intituled " 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 : --

1. Be it therefore enacted and ordained by the Governor of Hongkong, with the Ordinance No. 19

of 1844 repealed .

advice of the Legislative Council thereof, that the said Ordinance No. 19 of 1844 shall

be, and the same is hereby repealed .

2. And be it further enacted and ordained , that all masters and others in charge Masters of

merchant vessels

of merchant vessels shall hoist their numbers on entering the port of Victoria, on to hoist their

signals on

demand being made from the Harbour Master's office by the usual signal for that entering the

port of Victoria,

purpose.

148 ORDINANCE No. 11 OF 1845 .

Harbour Regulation.

Shall on arrival 3. And be it further enacted , that all such masters and other persons shall, within

produce or

deliver certain

documents ; 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 4. And it is hereby further enacted and ordained , that in the event of the death

the Harbour

Master all deaths of any of the crew, passengers, or other persons occurring on board any merchant

or desertions

occurring on vessel whilst in the port, or in case of the desertion or removal of any of the crew, the

board.

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 5. And it is hereby enacted and ordained, that no Master or other person shall

left behind

without wilfully or negligently leave behind him in this Colony any seaman brought to it on

certificate of

Harbour Master.

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 6. And it is hereby further enacted and ordained , that all seamen permitted to

seamen coming

on shore to be land from merchant vessels on liberty, are to be furnished with a ticket of leave, under

furnished with

ticket of leave,

except in certain the hand of the master or person in charge of the vessel to which such seaman may

cases.

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 7. And it is hereby further enacted and ordained, that every such master or

the berthing of

vessels in the other person in charge of a merchant vessel arriving at the said port, shall take up the

harbour.

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 8. And it is hereby further enacted and ordained, that all masters or other

vessels according

to directions of persons in charge of vessels are immediately to strike their top- gallant yards and

Harbour Master.

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 of the port, or other

circumstances, may render necessary or expedient in the judgment of the Harbour

ORDINANCE No. 11 OF 1845 . 149

Harbour Regulation.

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 them

selves to a fine not exceeding two hundred dollars : Provided, however, that all trans

ports 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, respect

ing any movement connected with such transport that he may judge necessary for the

general safety of the shipping in the said port.

9. And it is hereby enacted and ordained, that all masters or other persons in Masters to give

notice of the

charge of vessels about to proceed to sea, shall and are hereby required to give notice intended depar

ture oftheir

vessels.

thereof in writing to the Harbour 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.

10. And it is hereby enacted and ordained, that the Harbour Master of the said Harbour Master

to furnish port

port shall henceforth furnish to all ships port clearances or certificates , agreeable to clearances.

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 de

tained at sea or in other ports for want of her proper papers.

11. And be it further enacted and ordained, that all passage boats , lorchas, or Passage boats

to give two

other small vessels plying between Hongkong and Macao or Canton , shall and are hours' notice of

their intended

hereby required to make known their intended departure two hours before they start departure.

by hoisting a blue peter.

12. And be it enacted and ordained , that seamen or other persons dying on board No dead bodies

or ballast to be

any ship, shall not be thrown overboard within the limits of the said port, under a cast into the

harbour.

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.

13. And it is hereby enacted and ordained , that, except in self- defence, no musket Provisions as to

the discharge

or small-arm of any description shall be discharged within the limits of the said of guns and

fire-arins within

the harbour.

harbour from any merchant vessel or boat, between the hours of six P.M. and gun-fire

in the 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.

150 ORDINANCE No. 11 OF 1845 .

Harbour Regulation.

Harbour limits 14. And be it further enacted and ordained, that the limits of the harbour of

defined.

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

westernmost point of Stone Cutters ' Island , continued to the mainland of China ; on

the east by a straight line drawn from Burn's Point to the nearest part ofthe mainland

of China, and to include all the waters comprehended between these two lines."

Regulations ast 15. And be it further enacted and ordained, that no boat shall move about the

to boats moving

about the har

bour during harbour between the hour of nine P. M. and gun-fire in the morning, under a penalty

night-time, and

with regard to not exceeding fifty dollars, except as hereinafter provided for, or unless furnished with

those plying

for hire. a pass from the Harbour Master ; that is to say, the Harbour Master is hereby em

powered to grant licences for twenty boats to ply for hire within the harbour till the

hour of twelve o'clock at night, the fare after nine 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

licence shall enter into a bond together with a good surety, in a penalty of one hun

dred dollars, conditioned for the observance of all harbour regulations : And that every

licensed boat shall after nine P. M. carry a lantern in a conspicuous place, with the

number of the licence 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 licence 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 licence 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 16. And be it further enacted and ordained, that where no penalty is attached by

under this

Ordinance to be this Ordinance for the breach or infringement of any provisions therein contained, the

tried by the

Marine Magis

trate, who shall penalty in such cases shall be a sum in the discretion of the presiding Magistrate, not

have power to

enforce penalties exceeding twenty-five dollars ; and that all cases occurring under such ordinance shall

by imprisonment

for a period not be tried by and adjudicated upon before the Marine Magistrate for the time being, to

exceeding one

calendar month. whom it shall be lawful, on conviction , to enforce payment of all or any of the forego

ing penalties when necessary by imprisonment for a period not exceeding one calendar

month.

[ Repealed by Ordinance No. 1 of 1862. ]

ORDINANCE No. 12 OF 1845 . 151

Triad and Secret Societies.

No. 12 of 1845.

An Ordinance to amend Ordinance No. 1 of 1845 , entitled " An Ordinance Title.

for the Suppression of the Triad and other secret Societies in the

Island of Hongkong and its Dependencies. "

[ 20th October, 1845. ]

HEREAS it is deemed expedient to amend the said Ordinance No. 1 of 1845 , Preamble.

Wwith a view to introducing certain limitations, and giving additional certainty to

its provisions :

1. Be it therefore enacted and ordained by His Excellency the Governor of Operation of

Ordinance No. 1

Hongkong, with the advice of the Legislative Council thereof, that no person or persons of 1845 limited to

certain cases .

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 connexion with the said

society.

2. And be it further enacted and ordained , that so far as the said enactment Convicts to be

marked as in

provides that any offender shall , in addition to the other punishments or penalties the case of

deserters, and

banished from

contained in the said Ordinance, No. 1 of 1845 , be marked on the right cheek, the the Island, at

the discretion of

same be, and is hereby repealed : But it is further provided , that in case of any the Court.

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 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. [ Repealed by Ordinance No. 3 of 1881.]

3. And be it further enacted and ordained , that in case any person or persons, Persons return

ing to the Island

after being so sentenced as aforesaid, shall return to the said Island, he or they so after banishment

to be transported

for life to a

returning shall or may be transported for life to such British place or settlement as British

settlement.

shall at the time be provided for the reception of convicts under sentence of

transportation from this Colony. [ Repealed by Ordinance No. 3 of 1881. ]

4. And it is hereby further enacted and ordained, that so far as the said Ordinance, Ordinance No. 1

of 1845 not to

No. 1 of 1845, can be construed to provide any penalty against members of any secret apply to any

society other

than the Triad.

society other than the said Triad society (under that or any other assumed name) , the

same be and is hereby repealed.

[ Repealed by Ordinance No 8 of 1887.]

152 ORDINANCE No. 13 OF 1845 .

Ghaut Serang- Lascars.

No. 13 of 1845.

Title.

[See Ord. No. 2 An Ordinance to establish a licensed Ghaut Serang in the Colony of

of 1848.]

Hongkong, and for the better Regulation of Lascars resorting thereto .

[ 25th October, 1845. ]

Preamble. HEREAS it is expedient that lascars resorting to the said Colony should have,

[Por interpreta

tion of"Lascar," W according to usage, the aid and superintendence of a ghaut serang, and also

See Ord. No. 4

of 1846.]

that Legislative provision should be made as respects them and such serang :—

No person to act 1. Be it therefore enacted and ordained by the Governor of Hongkong , with the

as ghaut serang,

or lodge or ship advice of the Legislative Council thereof, that from and after the passing of this Ordi

lascars without

licence.

nance no person shall act as 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 licence 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 licence, and that every

person acting as ghaut serang, or lodging, or shipping, or contracting for the shipping

of any lascar, without such licence, shall be liable, for each offence, to a penalty not

exceeding one hundred dollars.

Serang to 2. And be it further enacted and ordained, that every such licensed serang shall

establish

boarding-houses, establish, for the use of said lascars, one or more boarding-houses , for each of which

and cause

registry of their

inmates to be houses he shall take out and procure a separate licence from the said Colonial Secretary,

made.

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 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

Ghaut serang to issue a certificate of such circumstances : Provided always, that previous to or upon

furnish, for

approval ofthe said serang obtaining such licence, he shall submit, for the inspection and approval of

Government in

Council, a scale of

charges, and the said Governor and Legislative Council, a table or scale of all the charges which are

expose same for

public inspection . 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 3. And be it further enacted and ordained, that the said serang shall be liable to

serang for

knowingly a penalty not exceeding the sum of twenty- five dollars when and so often as he shall

shipping an

inefficient lascar.

knowingly ship or supply an inefficient lascar as a seaman on board any ship or vessel,

ORDINANCES Nos . 13 AND 14 OF 1845 . 153

Ghaut Serang- Lascars. Good Order and Cleanliness .

4. And be it further enacted and ordained, that no master or owner of any vessel No lascar to be

shipped until the

shall ship or receive on board his or their vessel any lascar, until the Harbour Master Harbour Master

shall have

inspected him

shall have inspected him, and attached his the Harbour Master's signature to the and signed the

shipping agree

shipping agreement of every such lascar ; and that every such master or owner so ment.

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.

5. And it is hereby further enacted and ordained, that all penalties imposed by Penalties

recoverable in a

this Ordinance shall be recoverable in a summary manner before the Marine Magistrate summary

manner before

the Marine

of the said Colony, and be applied to the public purposes thereof. Magistrate.

[ Repealed by Ordinance No. 6 of 1852. ]

No. 14 of 1845.

An Ordinance to repeal Ordinance No. 5 of 1844, entitled " An Title.

Ordinance for the Preservation of Good Order and Clean

liness within the Colony of Hongkong and its Depen

dencies," and to make other Provisions in Lieu thereof.

[ 26th December , 1845. ]

THEREAS it is expedient to repeal Ordinance No. 5 of 1844 , enti Preamble.

WHE [For con

tled , An Ordinancefor the Preservation ofgood Order and Cleanliness struction of

the Ordinance

within the Colony of Hongkong and its Dependencies, and to make other see Ordinance

provisions in lieu thereof : No. 12 of

1856.]

1. Be it therefore enacted and ordained by His Excellency the Ordinance

No. 5 of 1844

Governor of Hongkong, with the advice of the Legislative Council there repealed .

of, that from and after the passing of this Ordinance the said recited Or

dinance shall be, and the same is , hereby repealed .

2. And be it further enacted and ordained, that every person shall Prohibiting

nuisances in

be liable to a penalty not exceeding five pounds , who, within the Colony thorough

fares.

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 mat

154 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

ter 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 to be

made within the said Colony ; or shall permit or suffer any

such noisome or offensive substance as aforesaid to remain ex

posed in any drain, sewer, or elsewhere, opposite to or withinthe

immediate neighbourhood of his house, or shall allow any ac

cummulation 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 neighbour

hood 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 anything for sale in or upon , or

so as to hang over any carriage- way or footway, 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.

[See Ord. No. 5. Every person who shall encroach on any public way or Crown

15 of 1889

88. 36 & 77. ] 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 .

ORDINANCE No. 14 OF 1845 . 155

Good Order and Cleanliness.

7. Every person who shall ride or drive on any foot - path 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 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

156 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

construed and extend to any religious procession or festival, for

[ * See Ord. the due celebration of which the consent of the * Chief Magistrate of

No. 6 of

1862.] Police has been obtained. [ Repealed by Ordinance No. 9 of

1886. ]

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 in

habitant by pulling or ringing any door -bell, or by knocking

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 [ Repealed by Ordinance No. 8 of 1882 ; see also Ordinance

No. 8 of 1876 ] 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 com

mit 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.

Prohibiting 3. And be it further enacted and ordained , that every person who

other

nuisances, &c. shall within the said Colony be guilty of any ofthe following offences

shall be liable to a penalty not exceeding five pounds : -

ORDINANCE No. 14 OF 1845. 157

Good Order and Cleanliness .

1. Every person who shall erect any shed or house of matting or [See Ord. No.

15 of 1889

other inflammable material, so as in case of fire to endanger sec. 58. ]

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 , 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 annoyance 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

158 ORDINANCE No. 14 OF 1845.

Good Order and Cleanliness.

distance of less than one hundred and fifty [" Three hundred " as amended

by Ordinance No. 9 of 1857. ] yards from low water-mark, between the hours

of nine o'clock at night and gun-fire 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. [ Repealed by Ordinance No. 8 of 1879. ]

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

reasonable time to remove any sunken vessel in the said harbour belonging

to him or in his charge or keeping. [ Repealed by Ordinance No. 8 of 1879.]

10. Every person who shall wantonly or cruelly mutilate or other

wise 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 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 con

stable, or until he can be taken before a Magistrate .

Dogs mad or 4. And be it further enacted and ordained , that it shall be lawful

straying, &c.

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 penalty of not more then

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 authorized to destroy any dog which shall be found straying or

wandering about between the hours of ten o'clock at night and gun -fire

in the morning .

ORDINANCE No. 14 OF 1845. 159

Good Order and Cleanliness.

5. And be it further enacted and ordained, that no person other Cannon, &c.

not to be fired

than persons acting in obedience to lawful authority, shall discharge near dwelling

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

than ten pounds .

6. And be it further enacted and ordained , that every person who Prohibiting

offences in

within the said Colony, or the harbour or waters thereof, shall commit the Colony or

harbour of

any of the following offences , shall be liable to a penalty of not more Hongkong.

than ten pounds , or in the discretion of the convicting Magistrate to be

imprisoned for any term not exceeding fourteen days :

1. 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 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. [ Sub-sections 2 and 3 repealed by Ordinance No. 8 of

1879.]

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

160 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

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 vendor, 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 7. And be it further enacted and ordained, that any superintendent or inspector

and inspectors

may board belonging to the Police Force shall have power by virtue of his office to enter at all times,

vessels .

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

ORDINANCE No. 14 OF 1845 . 161

Good Order and Cleanliness.

peace and good order on board of any such vessel, and for the effectual prevention or

detection of any felonies or misdemeanours. [ Repealed by Ordinance No. 8 of 1879. ]

8. And be it further enacted and ordained, that it shall be lawful for every super Superintendent,

&c., having just

intendent, inspector, or sergeant belonging to the Police Force, having just cause to cause to suspect

felony, may enter

on board vessels

suspect that any felony has been or is about to be committed in or on board of any ship , and take up

boat, or other vessel lying in the harbour or waters aforesaid , to enter at all times , as suspected

persons.

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. [ Repealed by Ordinance No. 8 of 1879. ]

9. And be it further enacted and ordained , that every person who Removing

land-marks.

shall remove or carry away any stone or stake driven into the ground as

a 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 .

10. And be it further enacted and ordained , that every person who Wantonly

breaking or

shall wilfully cut, break, damage, injure , or destroy any tree , shrub , or injuring trees ,

fences, &c.

underwood, whether the property of the Crown or of any private indivi

dual, 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 impri

soned for any term not exceeding fourteen days .

11. And be it further enacted and ordained, that every person who shall expose or Exposing for sale

unwholesome

proffer for sale in any market or elsewhere any liquor, meat, fish, vegetable, or other food, &c.

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 . [ Repealed by Ordinance No.

17 of 1887.]

12. And be it further enacted and ordained , that every person who Unlawfully

possessing

shall have in his possession any spear, bludgeon, or other offensive offensive

weapons, &c.

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 .

162 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

Behaving 13. And be it further enacted and ordained, that every person who

riotously or

provoking shall behave in a riotous, noisy, or disorderly manner, or shall use any

breach of the

peace. profane or indecent language, or any threatening, abusive, or insulting

words or behaviour, with intent to provoke a breach of 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 convict

ing Magistrate, to be imprisoned for a term not exceeding seven days.

Improperly 14. And be it further enacted and ordained , that every person , not

possessing the

arms or being a constable of the Police Force, who shall have in his possession

clothing, or

assuming the any article being part of the clothing, accoutrements , or appointments

character of

a policeman, supplied to any such constable, and who shall not be able satisfactorily

&c.

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 punish

ment to which he may be liable for such offence , be liable to a penalty of

not more than ten pounds.

Constables 15. And be it further enacted and ordained , that it shall be lawful

may

apprehend for any constable belonging to the Police Force, and for all persons whom

any offender

whose name he shall call to his assistance, to take into custody without warrant any

and residence

are not person who within view of any such constable shall offend in any manner

known.

against this Ordinance, and whose name and residence shall be unknown

to such constable, and cannot be ascertained by such constable.

Constables 16. And be it further enacted and ordained , that it shall be lawful

may

apprehend for any constable belonging to the Police Force to take into custody

without

warrant in without a warrant all loose, idle, and disorderly persons whom he shall

certain cases.

[See Ordi find disturbing the public peace, or whom he shall have good cause to

nance No. 4 of

1865, s. 61. ] suspect of having committed or being about to commit any felony, mis

demeanour, 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 17. And be it further enacted and ordained , that any person found

police

constables committing any offence punishable either upon indictment, or as a mis

and persons.

demeanour, upon summary conviction by virtue of this Ordinance, may

ORDINANCE No. 14 OF 1845 . 163

Good Order and Cleanliness.

be taken into custody without a warrant by any constable, or may be aggrieved to

apprehend

apprehended by the owner of the property on or with respect to which certain

offenders .

the offence shall be committed , or by his servant or any person author

ized 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 man

ner anything 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 com

mitted with respect to such property , or that the same or any part there

of has been stolen or otherwise unlawfully obtained , is hereby authorized ,

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. [ Repealed by

Ordinance No. 3 of 1860 so far as it relates to Pawnbrokers. ]

18. And be it further enacted and ordained , that it shall be lawful Removing

furniture to

for any constable to stop and detain, until due inquiry can be made, all evade rent.

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 .

19. And be it further enacted and ordained , that it shall be lawful Persons

charged with

for any constable belonging to the Police Force to take into custody , recent

assaults may

without a warrant, any person who shall be charged by any other person be appre

hended with

with committing any aggravated assault, in every case in which such out warrant.

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.

20. And be it further enacted and ordained , that whenever any Horses,

carriages, &c. ,

person having charge of any horse, cart, carriage, or boat, or any other of offenders

may be

animal or thing, shall be taken into custody of any constable under the detained .

provisions of this Ordinance, it shall be lawful for any constable to take

164 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

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 of 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 .

Persons 21. And be it further enacted and ordained , that every person taken

apprehended

without a into custody by any constable belonging to the Police Force without a

warrant to be

taken to the warrant, except persons detained for the mere purpose of ascertaining

station-house.

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 Ma

gistrate, if the constable in charge shall deem it prudent to take bail in

the manner hereinafter mentioned .

Power to take 22. And be it further enacted and ordained , that whenever any

recognizances

at station person charged with any offence of which he is liable to be summarily

houses on

petty charges. convicted before a Magistrate, or with having carelessly 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, dur

ing 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 23. And be it further enacted and ordained , that whenever any

over persons

making person charged with any felony or any misdemeanour punishable by

charges.

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

ORDINANCE No. 14 OF 1845 . 165

Good Order and Cleanliness.

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 .

24. And be it further enacted and ordained , that every recogni Condition of

recognizance.

zance so taken shall be without fee or reward, and shall be conditioned

for the appearance of a 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, to

gether 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.

25. And be it further enacted and ordained , that every person who Punishment

of persons

shall be brought before any Magistrate charged with having in his pos suspected of

having or

session or conveying in any manner any thing which may be reasonably conveying

stolen goods.

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 Magis

trate may be imprisoned in any gaol within the Colony aforesaid , with

or without hard labour, for any time not exceeding fourteen days.

26. And be it further enacted and ordained , that if information Power to

grant search

shall be given on oath to any Magistrate that there is reasonable cause warrants.

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 cons

table, 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 pur

pose be given by such warrant ; and such Magistrate, if it shall appear

to him necessary, may empower 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 Magis

166 ORDINANCE No. 14 OF 1845.

Good Order and Cleanliness.

trate, or to guard the same on the spot until the offenders are taken be

fore 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 .

Power to 27. And be it further enacted and ordained , that when any person

examine

party from shall be brought before any Magistrate charged with having or convey

whom stolen

goods ing any thing stolen or unlawfully obtained, and shall declare that he

received.

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 authorized and required to cause every such person ,

and also if necessary every former or pretended purchaser or other per

son into whose possession the same shall have passed , to be brought be

fore 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 possession 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 em

ployed 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 Magis

trate may be imprisoned in any gaol within the Colony aforesaid , with

or without hard labour, for any time not exceeding three calendar months .

Power to 28. And be it further enacted and ordained , that if any goods shall

order delivery

of goods be stolen or unlawfully obtained from any person, or being lawfully

stolen or

fraudulently obtained shall be unlawfully deposited, pawned, pledged, sold , or

obtained and

in possession exchanged, and complaint shall be made thereof to any Magistrate, and

of brokers

and other that such goods are in the possession of any broker, dealer in marine

dealers in

second-hand stores , or other dealer in second-hand property, or of any person who

property.

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 ;

ORDINANCE No. 14 OF 1845 . 167

Good Order and Cleanliness.

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 recover

ing possession of such goods by suit or action at law from the person into

whose possession they 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. [ Repealed by Ordinance No. 3 of

1860 so far as it relates to Pawnbrokers . ]

29. And be it further enacted and ordained , that it shall be lawful Power to

order

for any Magistrate to order that any goods unlawfully pawned , pledged , restoration of

property

or exchanged, which shall be brought before him, and the ownership of unlawfully

pawned, & c.

which shall be established to the satisfaction of such Magistrate , shall be

delivered up to the owner by the party with whom they were so unlaw

fully pawned, pledged , or exchanged , either without compensation or with

such compensation to the party in question as the Magistrate may think

fit. [ Repealed by Ordinance No. 3 of 1860 so far as it relates to Pawn

brokers. ]

30. And be it further enacted and ordained , that after the passing Penalty on

pawnbrokers

of this Ordinance every pawnbroker within the said Colony, and every receiving

pledges from

agent or servant employed by any such pawnbroker, who shall purchase, persons under

the age of

or receive, or take any goods or chattels in pawn or pledge of or from twelve years .

any person apparently under the age of twelve years, shall be liable to a

penalty of not more than ten pounds. [ Repealed by Ordinance No. 3 of

1860 so far as it relates to Pawnbrokers . ]

31. And be it enacted and ordained , that when any goods or money Unclaimed

stolen goods

charged to be stolen or unlawfully obtained, and of which the owner delivered to

the Superin

shall be unknown, shall be ordered by any Magistrate to be delivered to tendent of

Police may be

the Superintendent of Police, it shall be lawful for such Magistrate, after sold after

twelve

the expiration of twelve calendar months during which no owner shall months.

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.

32. And whereas informations are often laid for the mere sake of Amends may

be awarded

gain, or by parties not truly aggrieved , and the offences charged in such for frivolous

information .

informations are not further prosecuted , or it appears upon prosecution

that there was no sufficient ground for making the charge: Be it enact

168 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness .

ed and ordained , that in every case in which any information or com

plaint 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 suf

ficient ground for making the charge, the Magistrate shall have power to

award such amends , not exceeding 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 33. And be it further enacted and ordained , that in case any

common

informers for person shall lodge any information before any Magistrate for any offence

compounding

information. 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 Ma

gistrate to issue his warrant or summons , as he may deem best , for

bringing before him the party charged with the offence of such com

pounding , delay, or withdrawal ; and if such offence be proved by the

confession of the party or by the oath of any credible witness , such in

former shall be liable to a penalty of not more than ten pounds .

Second 34. And be it further enacted and ordained , that for every second

offence.

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.

Powerto 35. And be it further enacted and ordained, that if any goods or

order delivery

of goods money charged to be stolen or fraudulently obtained shall be in the

charged to

have been custody of any constable by virtue of any warrant of a Magistrate, or in

stolen or

fraudulently prosecution of any charge of felony or misdemeanour in regard to the

obtained, and

in custody of obtaining thereof, and the person charged with stealing or obtaining

a constable.

possession as aforesaid shall not be found, or shall have been sum

marily convicted or discharged, or shall have been tried and acquitted ,

or if such person shall have been tried and found guilty, but the pro

perty so in custody shall not have been included in any indictment or

information upon which he shall have been found guilty, it shall be

ORDINANCE No. 14 OF 1845 . 169

Good Order and Cleanliness.

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.

36. And be it further enacted and ordained , that any Magistrate , Power to

remand or

if he shall think fit, may remand any person who shall be charged be enlarge pri

soners on re

fore him with any felony or misdemeanour upon his personal recogni- cognizances.

zance ( 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 dis

charged without fee or reward, when the party shall have appeared ac

cording to the condition thereof: Provided always , that when any Ma

gistrate shall take the recognizance of any person to appear at the Su

preme Court, the Magistrate shall be bound to return the depositions

taken in the case and to bind over the witnesses to appear and give evi

dence in like manner as if he had committed the party to take his trial

at such Court.

37. And be it further enacted and ordained , that it shall be

removing

lawful for the Superintendent or other officer of Police to require any obstruction,

&c. [See

person whose duty it shall be to remove any filth or obstruction , Ord . No. 8 of

1856 s. 17 and

or to do any other matter or thing required to be done by this Ordi Ord. No. 12

of 1856 8. 12.]

nance, 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

170 ORDINANCE No. 14 OF 1845 .

Good Order and Cleanliness.

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 recoverable in the manner hereinafter provided for the recovery

of penalties imposed by this Ordinance.

Compensa 38. And be it further enacted and ordained , that every person who,

tion for hurt

or damage. 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.

Notto prevent 39. Provided always, and be it further enacted and ordained , that

indictment or

action. 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 summary 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 ne

vertheless 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 40. And be it further enacted and ordained , that the penalties im

penalties.

posed 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 sum

mary Proceedings before Justices of the Peace, and to protect Justices in the

Execution of their Office.

Imprisonment on 41. And be it further enacted and ordained , that in every case of the adjudication

non-payment of

penalties. of a pecuniary penalty or amends under this Ordinance, and non-payment thereof, it

shall be lawful for the Magistrate to imprison the offender for a term of not more than

ORDINANCE No. 14 OF 1845 . 171

Good Order and Cleanliness.

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. [ Repealed by Ordinance No. 6 of1862. ]

42. And be it further enacted and ordained , that in the construction Meaning of

the word

of this Ordinance, the word " Magistrate " shall be taken to mean and Magistrate.

include every assistant Magistrate, and also every Justice of the Peace

acting in and for any district or place within the Colony of Hongkong.

43. And be it further enacted and ordained , that in the construction General inter

pretation

of this Ordinance, unless there be something in the context repugnant clause.

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 .

Regulations under which Verandahs may be constructed in the City of Victoria

projecting over or supported upon any Road, Street, or Public

Thoroughfare the property ofthe Crown made the 28th

and gazetted 30th December, 1854.

Verandahs upon the Queen's Road extending from Hollywood Road, Taipingshan to the See sec. 3, 8-8. 5.

Albany Godowns may be supported upon stone or timber pillars which shall not be more than

twelve inches square, and so that a passage of not less than eight feet six inches may be kept clear

for the public between the wall of the house or premises and the inside face of the support or pillar

which shall range in an uniform manner with the edge or curb stone of the foot-path.

The height of the pillars shall not be less than eleven feet, upon which the joisting forming the

floor of the verandah may be placed, which is to be ceiled in the usual manner with planking

trellis-work or plaster to suit the taste of the builder, and the thoroughfare under the same is to be

kept free from any obstruction whatsoever, that the public may not be incommoded thereby.

The verandahs either upon the ground floor or upper stories shall be enclosed in no other

manner than by venetians at the upper portions of the pillars, for a depth of not more than five feet,

or so as to leave a clear space of seven feet six inches from the floor to the under-side of the same.

These verandahs upon any story shall not be used as bath-rooms, water-closets, nor for any

purpose whatsoever whereby the public may be inconvenienced.

The verandahs projecting over any other street or thoroughfare than the Queen's Road can

only be supported from the walls of the premises adjoining . The floor shall not be less than ten

feet in the clear from the surface of the foot - path , and the projection is to be equal to the width of

the same, and on no account will permission be given to enclose any portion except in the manner

detailed before for the Queen's Road.

The work is to be executed in a neat and substantial manner and to the perfect satisfaction of

the Surveyor General, who may at any time stop the progress of the work if he considers the same

any infringement upon the foregoing regulations ; and any person who wilfully neglects to make

such alterations or amendments as the said Surveyor General may direct will be liable to the

penalties described in Ordinance No. 14 of 1845 sec. 5.

Any further information with regard to the width of the verandahs in any street or thoroughfare

or upon any other matter connected therewith may be obtained upon a written application to the

Surveyor General.

NOTE. - See Ordinance No. 15 of 1889 Section 36 and Schedule B.

172 ORDINANCE No. 1 OF 1846 .

Trading in China.

No. 1 of 1846.

Title. An Ordinance to amend Ordinance No. 9 of 1844 , entitled , “ An Or

dinance 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 ."

23rd January, 1846. ]

Preamble.

HEREAS it is expedient that the said Ordinance, No. 9 of 1844, should be

W 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 sail

ing 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 mort

gages ; 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 :

No vessel to be 1. Be it therefore enacted by His Excellency the Governor of Hongkong, with

seized at sea at a

greater distance the advice of the Legislative Council thereof, that no vessel shall be seized or detained

than one hundred

miles from the

coast of China. in pursuance of the provisions of the said Ordinance, at sea, at a greater distance than

one hundred miles from the coast of China.

Definition ofthe 2. And be it further enacted , that the terms " ships or vessels sailing under the

term ships or

vessels sailing

under the British British flag," used in the said ordinance, shall be held solely to mean and include

flag.

British vessels navigated according to law, or vessels British owned, and provided with

sailing letters from the Government of Hongkong.

Provisions as to 3. And be it enacted, that the power given by the said Ordinance, of selling ships

the sale of vessels

discharged of or vessels discharged of bills of sale, transfers, or mortgages, made or executed under

bills ofsale, trans

fers, or mortga

ges. the circumstances therein also mentioned, be confined to cases of sale, transfer, or mort

gages 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 4. And be it further enacted and ordained , that no vessel shall be seized or

seizure of vessels.

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 5. And be it further enacted, that all penalties and forfeitures which may have

recovered.

been heretofore, or may be hereafter incurred under this or the said ordinance, may at

the instance of the Chief Superintendent of Trade be prosecuted, sued for, and recovered

in the Supreme Court of Hongkong, upon information to be filed by Her Majesty's

ORDINANCES Nos. 1 AND 2 OF 1846 . 173

Trading in China. Supreme Court.

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 ca

lendar 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 judg

ment, as far as the proceeds of the said sale may reach.

[Repealed by effect of H. M.'s Order in Council of 3rd March, 1859 : See Gazette

9th July, 1859. ]

No. 2 of 1846.

An Ordinance to amend Ordinance No. 6 of 1845 , entitled " An Ordinance Title.

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. ]

HEREAS it is expedient to amend the said Ordinance No. 6 of 1845, by making Preamble.

WHEprovisions 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 the said ordinance, constituting a local Court of error

and appeal :

1. Be it therefore enacted and ordained by His Excellency the Governor of 29th section of

Ordinance No. 6

Hongkong with the advice of the Legislative Council thereof, that from and after the of 1845 repealed.

passing of this Ordinance, the said twenty-ninth section of Ordinance No. 6 of 1845

shall be, and is hereby repealed.

2. And be it further enacted and ordained, that all proceedings formerly Proceedings

pending in

former Court

commenced in or adopted under the said former Court of Hongkong, and that all suits saved.

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.

174 ORDINANCES Nos . 2 AND 3 OF 1846 .

Supreme Court. Insolvent Debtors.

Laws of England 3. And be it further enacted and ordained, that from henceforth such of the laws

in force on the

5th day of April, of England only, and such portion of the practice of the English Courts , (subject to the

1843, to be in

force in the exception of their applicability as contained in the said fourth section of Ordinance

Colony when

applicable.

[See Ord. No. 11 No. 6 of 1845 , ) as existed when the said Colony obtained a local legislature-that is to

of 1865 s. 1.]

say, on the fifth day of April, one thousand eight hundred and forty-three- shall be of

force therein.

Rules and orders 4. And be it further enacted and ordained , that no future rule or order of the

of Court to be

subject to appro said Supreme Court, made in pursuance of the twenty-third section of the said

val of Council,

and tobe publish

ed. 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.

[Repealed by Ordinance No. 12 of 1873.]

No. 3 of 1846.

Title. An Ordinance for the Relief of Insolvent Debtors within the Colony of

[See Ordinances

No. 5 of 1846 &

No. 2 of 1819.] Hongkong.

[ 6th May, 1846. ]

Preamble. HEREAS it is expedient that express provisions should be made for such cases

WHof insolvency :

Persons impri 1. Be it therefore enacted and ordained by the Governor of Hongkong with the

soned for debt

may apply to advice of the Legislative Council thereof, that from and after the time appointed for

the Supreme

Court in a sum

mary way for the commencement of this Ordinance, it shall be lawful for any person who shall be

discharge.

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 non

payment 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 of petition time within the space of fourteen days next after the commencement of the actual

ing.

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 for his discharge from such custody,

What shall be according to the provisions of this Ordinance ; and in such petition shall be stated the

stated in the

petition. time and 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

ORDINANCE No. 3 OF 1846 . 175

Insolvent Debtors.

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 such

petition ; which petition shall be subscribed by the said prisoner, and shall forthwith Petition to be

signed and filed .

be filed in the said Supreme Court.

2. And be it enacted and ordained, that if any prisoner who at the time appointed Detaining cre

ditors of priso

for the commencement of this Ordinance shall have been committed to any prison or ners in execution

may apply by

petition to Su

gaol, and charged in execution for any debt, damages, or any costs or sum or sums of preme Court

for an order to

money, or committed for or by reason of any contempt of any Court whatsoever for vest debtor's

estate in provi

non-payment of any sum or sums of money, or of costs, taxed or untaxed , either sional assignee

of Court appoin

ordered to be paid , or to the payment of which such prisoner would be liable in ted for that

purpose.

purging such contempt, or in any manner in consequence or by reason of such con

tempt, 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 [* Ordinance.]

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 the

money for the non-payment 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 the money for non -payment 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

176 ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

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.

Prisoner's estate 3. And be it enacted and ordained , that upon the filing of such petition by such

and effects,

except wearing prisoner, or on the filing of such petition by such creditor or creditors as aforesaid, and

apparel, &c., not

exceeding £ 20,

and future the evidence in support thereof, as the case may be, it shall be lawful for the said

estate, to be

vested in provi Supreme Court, and such Court is hereby authorized and required , to order that all

sional assignee

by order ofthe the real and personal estate and effects of such prisoner within this Colony, except the

Court.

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 discharge 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 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,

ORDINANCE No. 3 OF 1846 . 177

Insolvent Debtors.

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

whatsoever, which may be situated abroad or out of the said Colony.

4. And be it enacted and ordained , that no prisoner shall upon his own petition Prisoners within

the walls only

be entitled to the benefit of this Ordinance who shall not be at the time of filing his to petition ;

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 the Court or

otherwise : Provided always, that if, after any such prisoner shall have obtained an Except in cer

tain cases.

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 pursuance

thereof be confined, such prisoner shall thereby be deprived of all benefit of this

Ordinance : Provided also, that after any order shall have been made under this Power to Court

to direct priso

Ordinance directing any insolvent to be brought up in order to be dealt with according ner to be dis

charged on his

finding sureties

to the provisions of this Ordinance, it shall be lawful for the said Court, if such to attend at the

time and place

Court shall think fit so to do, and on such notice to the detaining creditor of hearing.

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

178 ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

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 endorsement 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 gaoler 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.

Prisoner not to 5. And be it enacted and ordained, that no prisoner whose estate shall, by an

be discharged

for want of

plaintiff proceed order under this Ordinance, have been vested in the said provisional assignee shall, after

ing in his

action. the making of such order, 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.

Provisional as 6. And be it enacted and ordained, that it shall be lawful for the provisional

signee to take

possession of assignee of the said Court to take possession himself, or by means of a messenger of

estates, & c.,

vested in him,

and sell the the said Court, or other person or persons appointed by him, of all the real and

same ifthe

Court directs ; personal estate and 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

ORDINANCE No. 3 OF 1846 . 179

Insolvent Debtors.

part thereof, and of the real estate of such prisoner, according to the provisions herein

after 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 costs and expenses of taking Paying the ex

penses, &c.

possession or of seizing and selling the 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

be lawful for the said provisional assignee to sue in his own name, if the said Court shall To sue in his

own name, &c.

so order for the recovering, obtaining, and enforcing of any estates, debts , effects , or

rights of any such prisoner ; and all and every the real and personal estate, money, and Property vested

in him to go to

effects, vested in or possessed by such provisional assignee by virtue of such order as his successor in

office.

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.

7. And be it further enacted and ordained , that the said Court may order and Court may order

an allowance to

direct such provisional assignee as aforesaid, or such assignee or assignees as are prisoner during

his confinement,

hereinafter mentioned , to pay to any such prisoner, out of his or her estate and effects , or for expense

of schedule.

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.

8. Provided always, and be it enacted and ordained, that in case any prisoner as When prisoner

is discharged

to whose estate and effects any such vesting order as aforesaid shall have been made out of custody,

acts ofassignees

to be valid.

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 be good and

valid ; and that in such case, no action or suit shall be commenced against such No action to be

brought against

provisional assignee, or against any assignee or assignees appointed under this Ordi them where

assignment is

nance, nor against any person duly acting under his or their authority, except to avoided.

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 .

9. And be it enacted and ordained, that it shall be lawful for the said Court to Power of Court

to appoint

appoint any of its officers as a provisional assignee, or at any time after the making any assignees.

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, 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

180 ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

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.

Certified copy 10. And be it enacted and ordained, that a copy of any order under this Ordinance

of order and

appointment to vesting the estate and effects of any prisoner in the provisional assignee of the estate

be evidence.

and effects of insolvent debtors, or of the appointment, under the provision last herein

before 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,

Proviso for and of such other assignee or assignees respectively, under the same : Provided always ,

registry.

that where, 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 appointment of an assignee or assignees under

this Ordinance (if any such appointment shall have been made) , shall be registered in

the Registry 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 consider

ation, 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 aforesaid, 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

the time following ; that is to say, within one month after the date of such order and

appointment respectively.

Sale of estate 11. And be it further enacted and ordained, that the assignee or assignees of the

and effects, to

be made im estate and effects of any such prisoner shall, with all convenient speed after his or their

mediately.

ORDINANCE No. 3 OF 1846. 181

Insolvent Debtors .

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 to the

benefit thereof, who shall meet together on notice of such meeting, published fourteen Creditors to

mect thirty days

days previous thereto in the Colonial paper used at the time in the Colony for Govern before sale of

real estate.

ment notifications, and also in some other paper circulating therein. Meeting to be

advertised.

12. And whereas persons whose estates may, by an order under this Ordinance, Discretion in

Court as to the

have been vested in the said provisional assignee, may be entitled to annuities for disposal of pro

perty in certain

their own lives, or other uncertain interests, or to reversionary or contingent interests, cases.

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 purpose ; be it enacted and ordained , that in all

such cases it shall be lawful for the said Court to take into consideration all circum

stances 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 to the said Court shall seem just ; and if it shall Property may

be mortgaged

if more bene

appear to the said Court that the debts of such person can be discharged by means of fic.al.

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, 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.

182 ORDINANCE No. 3 OF 1846 .

Insolvent Debtors.

Assignees may 13. And be it enacted and ordained, that all powers vested in any such prisoner

execute powers

which the in whose estate shall, by an order under this Ordinance, have been vested in the pro

solvent might

have executed

for his own visional assignee, which such prisoner might legally execute for his own benefit, shall

benefit.

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.

Where lease ac 14. And be it enacted and ordained, that in all cases in which any such prisoner

cepted by as

signees, the shall be entitled to any lease or agreement for a lease, and his assignee or assignees

insolvent not

liable for the

rent. shall accept the same, and the benefit thereof, as part of such prisoner's estate and

effects , the said prisoner shall not be or 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

Assignees not agreements therein contained : Provided that in all such cases as aforesaid it shall be

determining

whether to ac lawful for the lessor, or person agreeing to make such lease, his heirs, executors,

cept the lease,

the lessor may administrators , or assigns , if the said assignee or assignees shall decline, upon his or

apply to the

Court.

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.

Assignees may 15. And be it enacted and ordained , that it shall be lawful for the assignee or

sue in their

own names ; 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

may make com requisite ; and to make compositions with any debtors or accountants to such prisoner,

position for

debts. 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,

Proviso for con cause, or thing relating to the estate and effects of such prisoner : Provided never

sent of creditors

to compositions theless , that no such composition , or submission to arbitration, shall be made, nor

and arbritra

tions. any suit in equity be 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 afore

said newspapers, nor without the approbation of the said Court.

ORDINANCE No. 3 OF 1846. 183

Insolvent Debtors.

16. And be it enacted and ordained , that all matters wherein creditors shall vote, Creditors to vote

according to

or wherein the assent or dissent of creditors shall be exercised in pursuance of or in balance due to

them on account

fairly stated.

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 concern

ing 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.

17. And be it enacted, that whenever any such assignee or assignees shall die or Suits not to be

abated by death

be removed, or a new assignee or assignees shall be appointed in pursuance of the or removal of

assignees.

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 survi

ving 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 com

menced the same.

18. And be it enacted and ordained , that nothing in this Ordinance contained Assignee's power

not to extend

shall extend to entitle the assignee or assignees of the estate and effects of any such to the pay or

pension of naval,

military, or civil

prisoner, being or having been an officer of the army or navy, or an officer, or clerk, or officers.

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 employed 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 this Ordinance : Provided always, that it shall be lawful for the Portion of pay

or pension may

said Court to order such portion of the pay, half pay, salary, emoluments, or pension be obtained on

application .

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,

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

184 ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

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.

Goods in pos 19. And be it enacted and ordained , that if any such prisoner shall, at the time

session of priso

ner, whereof he

was reputed of his arrest, or other commencement of his imprisonment, by the consent and permis

owner, to be

deemed his pro sion of the true owner thereof, have in bis possession , order, or disposition , any goods

perty.

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 20. And be it enacted and ordained , that no distress or distresses for rent made

be available for

more than one and levied after the arrest or other commencement of the imprisonment of any person

year's rent.

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

reut due, and for which the distress shall not be available, and entitled to all the pro

visions made for creditors by this Ordinance.

Voluntary pre

ference fraundu 21. And be it enacted and ordained , that if any such prisoner shall , before or after

lent and void as

against assig his or her imprisonment, being in insolvent circumstances, voluntarily convey, assign,

nees.

transfer, charge, deliver, or make over any estate, real or personal, security for money,

bond, bill, note, money, property, goods, or effects whatsoever, to any creditor or cre

ditors, 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, deli

very, 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 imprisonment, or with the view

or intention, by the party so conveying, assiguing, transferring, charging , delivering,

or making over, of petitioning the said Court for his discharge from custody under this

[* Ordinance.] Act. *

Provisions of 3 22. And whereas an Act passed the Imperial Parliament in the third year of the

G. 4 c. 39, X.

tended to the

assignees of reign of His late Majesty King George the Fourth, intituled An Act for preventing

insolvents.

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 or

dained, 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

ORDINANCE No. 3 OF 1846 . 185

Insolrent Debtors.

as therein mentioned , be vested in the provisional 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.

23. And be it further enacted and ordained , that in all cases where any prisoner Warrant of at

torney and

whose estate shall have been vested in the said provisional assignee under this Ordinance cognovit actio

nem not to be

shall have executed any warrant of attorney to confess judgment, or shall have given acted upon

against goods

of insolvent af

any cognovit actionem or bill of sale, whether for a valuable consideration or otherwise, ter his impri

sonment.

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 war

rant 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.

24. And be it further enacted and ordained, that the said provisional assignee Assignees to file

accounts.

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 par

ticular account of the estate and effects of such prisoner, 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 ul

terior 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 had of the proceedings of the said provi Accounts to be

audited.

sional 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

186 ORDINANCE No. 3 OF 1846.

Insolvent Debtors.

Debts to be as duly appointed, before any such assignee shall proceed to a dividend ; and if upon such

certained, and

dividend made. examination there shall appear to be in the hands of such assignee or assignees any 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

How dividend such manner as the said Court shall at any time or in any case direct ; and in case such

to be made.

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

Court may exa case may be : Provided always , that if any such prisoner, creditor, or assignee shall

mine into dis

puted claims. object in whole or in part to any debt tendered to be so proved as aforesaid, 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 writ

ings 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 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 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 25. And be it further enacted and ordained, that in case such prisoner, or any of

creditor, or

Court dissatis his or her creditors, or the said Court, shall at any time be dissatisfied with the

ORDINANCE No. 3 OF 1846 . 187

Insolvent Debtors.

account of any such assignee or assignees, so rendered upon oath as aforesaid, and it fied with assig

nee's account,

the Court may

shall appear to the said Court that the matters of such account require a fuller or direct inquiry.

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 direc

ted 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 auy waste, mismanage

ment, 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