KELLET ISLAND ORDINANCE, 1898

No. 2 of 1898.

An Ordinance to make provision with respect to Kellet
Island.
[13th August, 1898.]

1. This Ordinance may be cited as the Kellet Island Ordin-
ance, 1898.

See No. 41 of 1932, Third Schedule.





2. No ship, boat, junk, or other vessel shall anchor, remain., or loiter,
whether for the purpose of fishing. or for any other purpose, within a
distance of fifty yards from high water mark or! Kellet Island, without a
written permit from the Commodore id charge of Naval Establishments in the
Colony: Provided that this prohibition shall not apply to vessels in the
employ of His Majesty's naval or military authorities or in the employ of the
Government of the Colony, whether upon police service or otherwise.

3. No person shall. land or be upon Kellet Island unless he is the bearer
of a written order for that purpose duly granted to him by the Commodore in
charge of Naval Establishments in the Colony or unless he is on duty and a
member of His Majesty's regular forces, a police officer, or a member of the
Royal Naval Yard Police.

4. Any person in charge of any ship, boat, junk, or other
vessel contravening the provisions of section 2, and any person
contravening the provisions of section. 3, shall be guilty of an
offence, and shall upon summary conviction be liable to a fine
not exceeding fifty dollars, or to imprisonment for any term not
exceeding one month.

5. Any commissioned or non-commissioned officer in -His Majesty's
naval or military forces, any police officer and any member of the Royal
Naval Yard Police may, with or without a warrant, apprehend or cause to be
apprehended any person offending against this' Ordinance, and may bring
him or cause him to be brought before a magistrate to be dealt with
according to law..

No. 3 of 1898, repealed by No. 6 of 1923.

No. 4 ol 1898, repealed by No. 16 of 1923.

* As amended by Law Rev. Ord., 1937.
[Originally No. 12 of 1898. Law Rev. Ord., 1937.] Short title. Prohibition of vessel anchoring, etc., within 50 yards of Kellet Island, without permission. Prohibition of landing on Kellet Island without written order, etc. Penalty. Arrest of offender.

[Originally No. 12 of 1898. Law Rev. Ord., 1937.] Short title. Prohibition of vessel anchoring, etc., within 50 yards of Kellet Island, without permission. Prohibition of landing on Kellet Island without written order, etc. Penalty. Arrest of offender.

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MISDEMEANORS PUNISHMENT ORDINANCE, 1898

No. 1 of 1898.

An Ordinance for the more effectual Punishment of bribery and certain
other misdemeanors.

[28th February, 1898.]

1. This Ordinance may be cited as the Misdemeanors Punishment
Ordinance, 1898.

2. In this Ordinance,

(a) ' Bribe ' includes any fee, perquisite, reward, or gratification, whether
pecuniary or otherwise, not payable or receivable by law;

(b) ' Public servant ' means any person holding or discharging the
duties, whether permanently or temporarily, of any office or appointment in
the civil service, and includes every member of the police force, and of the
district watch force.

* As amended by No. 23 of 1930 [5.12.30].
3. Every public servant who accepts, or obtains, or agrees
to accept, or attempts to obtain, or causes or procures to be
obtained, from any person, whether by himself or by any other
person and whether for himself or for any other person, any
bribe, with a view to influence his conduct as such public
servant or to incline him, contrary to his duty as such public
servant or contrary to the rules of honesty and integrity, to do
or to omit to do any act, shall be guilty of a misdemeanor, and
shall be liable to imprisonment for any term not exceeding two
years, and to a fine not exceeding five hundred dollars.

4. Ev~ry person who gives or offers, or causes or procures
to be given or offered, to any public servant any bribe, for
himself or for any other person, with a view to influence his
conduct as such public servant or to incline him, contrary to his
duty as such public servant or contrary to the rules of honesty
and integrity, to do or to omii to do any act, shall be guilty
of a misdemeanor, and shall be liable to imprisonment for any
term not exceeding two years, and to a fine not exceeding five
hundred dollars.

5.. Where any person is convicted of a common law mis-
demeanor, or of any offence declared by' any enactment to be a
misdemeanor, and no punishment is provided by any enactment
for such misdemeanor, such person shall be liable to imprison-
ment for any term not exceeding three years and to a fine not
exceeding one thousand dollars.

[s. 6, rep. No. 13 of 1922.]
[Originally No. 3 of 1898. No. 23 of 1930.] Short title. Interpretation. Acceptance of bribe by public servant. [cf. No. 18 of 1936, ss. 25 & 29 (3).] Offering of bribe to public servant. [cf. No. 18 of 1936, ss. 25 & 29 (3).] Punishment of misdemeanor where punishment not otherwise specified. [cf. No. 18 of 1934, s. 99.]

[Originally No. 3 of 1898. No. 23 of 1930.] Short title. Interpretation. Acceptance of bribe by public servant. [cf. No. 18 of 1936, ss. 25 & 29 (3).] Offering of bribe to public servant. [cf. No. 18 of 1936, ss. 25 & 29 (3).] Punishment of misdemeanor where punishment not otherwise specified. [cf. No. 18 of 1934, s. 99.]

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SMALL TENEMENTS RECOVERY ORDINANCE, 1897

No. 10 of 1897.

An Ordinance to facilitate the recovery of Possession of
tenements and Premises of small value.

[13th December, 1897.]

WHEREAS it is expedient to provide for the more speedy and
effectual recovery of the possession of tenement and
premises of small value:

1. This Ordinance may be cited as the Small Tenements
Recovery Ordinance, 1897.

2. In this Ordinance,

(a) ' Agent ' includes any person usually employed by the
owner in the management of his property, or in the letting. of
the premises, or in the collection of the rents thereof, or specially
authorized to act in the particular matter by writing under the
hand of such owner;





(b) House includes a matshed or other structure;

(c) Owner means the person entitled to the immediate
reversion or, in cases within section 6, to the possession of the
premises, or, if the property is held in joint tenancy or tenancy
in common, means any one of the persons entitled to- such
reversion or possession

(d) ' Premises '. mean lands (including leaseholds), houses.,
and other corporeal hereditaments.

3.-(1) When and so soon as the term or interest of the
tenant of any house, land, or other premises, held by him at
will or for any term not exceeding seven years, either without
being liable to the payment of any rent or at a rent not exceed-
ing the rate of twenty dollars a month or two hundred and forty
dollars a year, and upon which no fine has been reserved or
made payable, has ended or has been duly determined by a'
legal notice to quit or otherwise, and such tenant, or (if such
tenant does not actually occupy the premises or only occupies
a part thereof) any person by whom the same or any part
thereof is then actually occupied, notwithstanding that demand
for possession has been made, refuses or neglects to quit and
deliver up possession of the premises or of such part thereof
respectively, it shall be lawful for a magistrate, on a complaint
being made to him, to issue a summons requiring the person
against whom such complaint has been made to appear at a
certain time and place before such magistrate to answer such
complaint and to show cause why he should not quit and deliver
up possession of the said premises.

(2). Such complaint and summons may be in Forms Nos. i
and 2 respectivefy in the Schedule.

4. Any such summons may be served either personally or
by leaving the same with some person being in and apparently
residing at the place of abode of the defendant: Provided that
if the defendant cannot be found, and the place of abode of the
defendant is not known or admission thereto cannot be obtained
for serving the summons, the posting up of the summons on
some conspicuous part of the premises. shall be deemed to be
good service on the defendant.

As amended by Law Rev. Ord., 1937.





5..-(1) If the person so served with a summons does not
appear before the magistrate at the time- and place mentioned in
the summons, or fails, to show cause why he should not quit
and deliver up possession of - the premises, it shall be lawful
for the magistrate to issue his warrant to any constable,. com-
manding him to enter (by force, if needful) into the premises,
and give possession of the same' to the owner thereof or his
agent:. Provided always that entr , upon any such warrant,
y
shall not be made at any time except between 9 a.m. and 5
p.m.: Provided also that nothing herein contained shall be
deemed to protect any person on whose application any'such
warrant may be grant~d from any action which may be brought
against him by any such tenant or occupier for and in respect
of such entry and taking possession ' where such person had not,
at the time of granting the same, lawful right to the possession
of the said premises.

(2) The warrant may be in Form No. 3 in the Schedule.

6. When any person by whom any illegal encroachment or
inclosure has been made upon the land of another person, not
exceeding in value twenty dollars a month or two hundred and
forty dollars a year, refuses or neglects,- upon demand made, to
quit and deliver up possession of the same, or any part thereof,
to the owner of such land or his agent, the ppssession thereof
may be recovered by such owner or agent under the provisions
of this Ordinance, in like manner as if the occupier of such
encroachment or inclosure were the tenant of any premises the
possession of which is recoverable under this Ordinance, wchose
term or interest had ended.

7. In every case in which the person on whose application,
or on who-,,e behalf, any such warrant is granted had not,
at the tim * e of granting the same, lawful right to thp possession
of the premises, the obtaining of any su*ch warrant as aforesaid
shall be deemed a- trespass by him against the tenant or occupier
of the premises, although no entry may be made by virtue of
the warrant; and, in case any such tenant or occupier will
become bound with two sureties as hereinafter provided., to be
approved of by the magistrate, in such sum as to him may
seem reasonable (regard being had to the value of the premises
and to the probable costs of an action), to sue the person on
whose application, or on whose behalf, such warrant was





granted, with. effect and without delay, and to pay all the costs of the
proceedings in such action in case judgment shall pass. for the defendant or
the plaintiff shall discontinue or not ,prosecute his action or become nonsuit
therein, execution of the warrant shall be delayed until judgment has been
given in such action; and if, on the trial of such action, judgment passes for
the plaintiff, such judgment shall supersede the warrant so granted, and the
plaintiff shall be entitled to reasonable damages in the action.

8. Every such bond as hereinbefore mentioned shall be made
to the complainant or his agent at the cost of such complainant
or agent, and shall be approved of and attested by, the magis-
trate, and if the bond so taken is forfeited or if, on the trial
of the action for securing the trial of which such bond was
given, the judge by whom. it is tried does not certify that the
condition of the bond has been fulfilled, the party to whom
the bond has been so made may bring an action and recover
thereon: Provided always that tne court where such action as
last aforesaid is brought may, by an order, give such relief to
the parties upon such bond as ' may be agreeable to justice, and
such order shall have the nature and effect of a defeasance to
such bond.

9. It shall not be lawful to bring any action or prosecution
against the magistrate by whom such warrant as aforesaid may
have been issued, or against any constable by whom such
warrant may be executed, for issuing such warrant or executing
the same respectively, by reason that the person on whose
application, or on whose behalf, the same is granted had not
lawful right to the possession of the premises.

SCHEDULE.

Note-These forms may be varied to meet
the requirements of the particular. case, provided such case comes
within the Ordinance.

FORM No. 1. [ss. 3 and 6.1

Complaint before a magistrate.

HONG KONG.
IN TIRE POLICE COURT AT
The complaint of owner [.or agent, etc., as the case





may be] made before me, a magistrate of the said Colony, who says'
that the said did let to a tenement,
consisting of and situate at in the said
Colony, for at the rent of and that the
said tenancy expired [or was determined by notice to quit, given by
the said 1 as the case may be] on the day of

19 [or that the said has illegally
encroached upon. (or illegally inclosed) land situate at

belonging to the complainant, or as the case may be, such encroach-
ment [or inclosure] riot exceeding in value $20 a month (or $240
a year, as the ease bel, and that notwithstanding demand made,
the said refused [or neglected] to deliver up possession
of the said tenement, [or encroachment or inclosure, as the case may
be] and still detains the same.

Taken the day of 19

Before me

(Signed) Magistrate.

FORM No. 2. [ss. 3 and 6.]

Summons.

HONG KONG.

IN THE POLICE COURT AT

Rex on.the complaint of

To

Complaint having been this day made before the undersigned, a
magistrate of the said Colony, for that you, being the tenant or
occupier of certain premises situate at in the said
Colony, and such tenancy or holding having expired [or been legally
determined, or as the case may be] [or that you, having illegally
encroached upon (or illegally made an inclosure upon) certain land
situate at of which is the
owner, as the case may be] have unlawfully refused or neglected to
deliver over possession of the said premises to the owner thereof:
This is, therefore, to command you, in His Majesty's name, to be
and appear on day, the day of
1 19 ,
at . o'clock in the noon at the- said police court before me,
to answer to. the said complaint and to be further dealt with according
to law.

Dated the day of 19

(Signed) Magistrate.

FORM No. 3. [ss. 5 and 6.]

Warrant.

HONG KONG.
IN THE POLICE COURT AT

To all and each of the constables of the said. Colony.

Whereas [set forth the complaint], I, a magistrate of the said
Colony, do authorize and command you, between the hours of 9 in
the forenoon and 5 in the afternoon, to enter (by force, if needful)
and with or without the aid ofthe owner, [or agent, as
the case may be], or any other person or persons whom you may
think requisite to call to your assistance, into and upon the said
premises, and to eject thereout any person, and of the same [or of
the said encroachment (or inclosure, as the case may be)] full and
peaceable possession to deliver to the said the
owner [or agent].
Given under my hand and seal this day of 19

(Signed) Magistrate.
[Originally No. 27 of 1897. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Forms Nos. 1 and 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. c. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and constable acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.]

[Originally No. 27 of 1897. Law Rev. Ord., 1937.] Short title. Interpretation. [cf. 1 & 2 Vict. C. 74, s. 7.] Summoning of tenant of premises not exceeding $240 annual rental unlawfully holding over. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Forms Nos. 1 and 2. Service of summons. [cf. 1 & 2 Vict. C. 74, s. 2.] Issue of warrant for possession of premises. [cf. 1 & 2 Vict. C. 74, s. 1.] Schedule. Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of warrant if bond given by defendant. [cf. 1 & 2 Vict. c. 74, s. 3.] Giving of bond by defendant, and proceedings thereon. [cf. 1 & 2 Vict. C. 74, s. 4.] Protection of magistrate and constable acting under the Ordinance. [cf. 1 & 2 Vict. C. 74, s. 5.]

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VAGRANCY ORDINANCE, 1897

No. 9 of 1897.

An Ordinance to amend the law relating to vagrants.

[22nd November, 1897.]

1. This Ordinance may be cited as the Vagrancy Ordinance,
.1897.
2. In this Ordinance,
(a) ' Agent ' of a vessel includes any person who under-
takes the agency of such vessel, although. he may not be, the
consignee thereof
(b) ' Mendicant means any person wandering abroad, or
placing himself or herself in any public place, street, highway,
court, passage or waterway to beg or gather. alms, or causing
or procuring or encouraging any child or children so to do;
and ' mendicancy ' shall be interpreted accordingly;
(c) it Vagrant' means any person, other than a Chinese,
found asking for alms or being without either employment or
visible means of subsistence or being a prostitute, provided
however that no action shall be taken under the provisions of

As amended by No. 19 of 1932 [10.6.32].





this, Ordinance against any prostitute save under the authority
of the. Governor in Council.

3.-(1) The Governor may provide houses of detention for
vagrants and may appoint superintendents thereof and. other
officers and may rem ove them at pleasure..
(2) The Governor may by notification certify any building .
or part of a building to be a house of detention.
(3) Every house of detention shall be under the immediate
charge of the superintendent thereof.
[s. 4, rep. Law Revision Ordinance, 1937.]

5. Any police officer may require any person who is ap-
parently a vagrant to accompany him or any othcr police officer
to, and to appear before, a magistrate.

6., The magistrate shall, in such case or in any other case
where a person apparently a vagrant comes before him, make
a summary inqui ry into his circumstances and, if satisfied that
he is a vagrant, shall declare him, to be such, adding, where,
practicable, any prior date from. which, in his opinion, such
person has, -in this Colony, been a vagrant.'

7. If the magistrate is further of opinion that such vagrant
is not likely to obtain employment at once, or if he has.reason
to believe that a declaration of vagrancy has on any former
occasion been. recorded in respect of such vagrant, he shall
require him to go to a house of detention, and shall draw up
an order to that effect.

8. Such va rant shall then be placed in charge of a police
officer and the said order shall be a sufficient authority to any
police officer for retaining him in his charge while such vagrant
is on his way to a house of detention, and to the superintendent
thereof for receiving and detaining such vagrant.

9.-(1) Where the magistrate dealing with such vagrant is
of opinion that he is likely to obtain employment in the Colony,
he may send him in charge of a police officer to the place where
such employment is likely to be obtained, and shall draw up
an order to that efFect.

(2) Such order shall be a sufficient authority to any police
officer for retaining the vagrant in his charge while such vagrant

* As amended by Law Rev. Ord., 1937.





is on his way to such place of employment, and afterwards, in case he does
not succeed in obtaining such employment.

10.-(1) The magistrate dealing with any vagrant shall, to the best of his
ability, assist him in seeking employment, and may direct that in the
meantime subject to the provisions of sub-section (2), the vagrant shall be
kept in police custody.

(2) If the vagrant fails to obtain suitable employment within a
reasonable time, not exceeding at the most seven days, the magistrate shall
send him to a house of detention, as provided in section 7.

[s.11, rep. No. 2 of 1905.]

12. Every vagrant detained in a house of detention shall be allowed the
same scale of diet as is allowed to adult prisoners who have completed the
first seven days of their imprisonment.

13. Every vagrant admitted to a house of detention shall be subject to
the same regulations as are prisoners in a prison with respect to

(a) search of his person, clothing, and effects;

(b) custody of his clothing and effects;

(c) the wearing of a distinctive dress;

(d) personal cleanliness; and

(c) hours, meals, labour, and general conduct:

Provided always that such . regulations may be modified in relation to
vagrants by regulations approved by the Governor in. Council', and further,
that any money or effects of any vagrant may be applied towards the
expense of carrying this Ordinance into execution for his benefit.

14. Any vagrant who knowingly disobeys any regulation shall be .
liable to the same punishment as if he were amisdemeanant in prison.

15. The superintendent of every house of detention shall forward
weekly to the Harbour Master a list of such vagrants

As amended by Law Rev. Ord., 1937.





under his charge as are seamen, and shall otherwise use his best
endeavours to obtain suitable employment outside such house
for the vagrants admitted thereto.

[s. 16, 7ep. No. 19 of 1932.]

17. Any vagrant may be allowed to enter into an agreement
in writing with the Colonial Secretary, binding himself to
embark on board such ship and at such time as the superin-
tendent of the house of detention in which such vagrant js
detained may direct, for the purpose of being removed from the
Colony at the expense of the Government, to remain on board
until such ship has arrived at the port named in such agreement,
and not to return to the Colony within five years.

18. Every such agreement may be on unstamped paper,
and shall be in the form in the Schedule or as near thereto as
may be.

19. The cost of the removal from the Colony of any vagrant
under this Ordinance shall be defrayed by the Government.
subject to the provisions hereinafter contained for its refund.

20.-(1) When a vagrant has entered into such agreement,
unless, in the opinion of the superintendent of the house of
detention in which such vagrant is detained,- suitable employ-
ment for him is likely to be speedily found, such superintendent
may enforce such agreement and cause such vagrant to be
removed from the Colony, and, if he deeins it desirable, may call
in the assistance of the police to place such vagrant on board ship,
and he may be detained on board and shall be deemed in lawful
custody while the ship is within the waters of the Colony.

(2) If, after the lapse of a reasonable time, no suitable
employment has been iciund for a vagrant detained in a house
of detention, and he has not entered into the agreement herein-
before mentioned, or it is not thought desirable to remove him
from the Colony, the superintendent of such house of detention
may cause sections 26 and 29 to be read to such vagrant and
may then release him.

21.-(1) Whenever any person, not being a Chinese, arrives
in the Colony, under an engagement to serve any person, firm,

* As a-mended by Law Rev. Ord., 1937.





compan 1 y, association, or body of persons, in any capacity; and X

(2) whenever a non-commissioned officer or soldier in His i
Majesty's army leaves the army in the Colony, under such an
engagement; and

(3) whenever any-seaman, other than a Chinese, is dis-
charged from his ship in the Colony, withoutthe sanction of
the Superintendent of the Mercantile Marine Office or his deputy,
and without reasonable provision having been made as to his
subsistence, or, not being a deserter, is wrongfully left behind
in the Colony,

and within six months from the date of such arrival, leaving
the army, or discharge, such person, non-commissioned officer
or soldier, or seaman respectively becomes chargeable to the
Colony as a vagrant, then, in cases within sub-sections (i)
and (2), the person, firm, company, association, or body of
persons with w ' horn such engagement was made, and, in cases
within sub-section (3), the master of the ship from which such
seaman has been so discharged ' or by whom he has been so
left behind, shall respectively.be liable to.repay to the Govern-
ment all costs and charges incurred on his behalf since he
became a vdgrant, including hospital costs and charges and the
cost of his removal under this Ordinance. Such person shall---
be. deemed to have become a vagrant at and from the date
mentioned in the magistrate's declaration as that from which,
in his opinion, such person has been a vagrant.

22., The master of any ship, British or foreign, which brings
into the Colony any person, other than a Chinese and not having
been shipwrecked, who within two months from the time of
his arrival becomes chargeable to the Colony as a vagrant ghall
he liable to repay to the Government all costs and charges
incurred on behalf of the said person, unless it be proved, to
the satisfaction of the court, that the said person, at the time
of his arrival, either was under an engagement as provided in
section 21, or was possessed of not less than fifty dollars:
Provided that where the person so brought into the Colony came
as a stowaway, the master shall incur no such liability if such
stowaway is promptly handed over to the police on the arrival
of the ship and is duly prosecuted under any Ordinance relating
to stowaways or any other enactment applying to the case, and.





no money or compensation in respect of such person's passage
is paid or received.

23. In the absence of the master of,a ship, or if such master
departs from the Colony before repaying such costs and charges
as are mentioned in sections 21 and 22, the owner, agent, and
consignee of such ship at the tirne the person landed, or, in the
case of a seaman discharged or left behind, at the time of such
discharge or of his being so left behind, shall be liable to repay
such costs and -charges to the Government.

24. Such costs and charges shall be recoverable by action
as if an express agreement to repay them had been entered into
with the Colonial Secretary by the personj firni, company,
association, body, master, owner, agent, or consignee charge-
able.

25.-(1) In any,proceeding under this Ordinance, a certified
copy of the declaration of the magistrate shall be primd facie
evidence that the person therein referred to was a vagrant from
the date of such declaration, and also from any earlier date
in such declaration mentioned as that from which, in the
magistrate's opinion, such person has been a vagrant.

(2) As regards costs and charges incurred by the Colony
on behalf of a destitute person or of a vagrant, the following
documents shall be p7it~iii facie evidence that they have been
incurred:-

(a) as regards hospital charges, a written statement signed
or purporting to be signed by the Director of Medical Services;
and

(b) as regards.other costs and charges, inc luding those of
removal, if any, a written statement thereof signed or purporting
to he signed by the Colonial Secretary.

26. Any person, being apparently a vagrant, who refuses
or fails to accompariv a police officer to or to appear before a
magistrate when required to do so forthe purpose's of this Ordin-
ance may be arrested without warrant, and shall upon summary
conviction be liable to imprisonment for any term not exceeding
one month.





27. Any vagrant who escapes.from the police whilst corn-
mitted to their. charge under---this Ordinance, or who leaves a
house of. detention without permission from the superintendent
thereof, or who, having with . such permission left a house of deten-
tion for. a limited time or a specified purpose, fails to return on the
expiraticin of such time or when such purpose has'been accom-
plished or proves to he impracticable, shall upon summary
conviction be liable to imprisonment for any term not exceeding
three months.

28. Every person who enters into an agreement under
section 17 and wilfully violates that agreement in any respect
shall upon summary conviction be liable to imprisonment for
any term not exceeding three months.

28A.-(i) Mendicancy is forbidden.

(2) Every person who is guilty of mendicancy shall upon
summary conviction be liable to a fine not'exceeding twenty-five
dollars or to imprisonment for~ any term not exceeding one
month.

29. Every person who asks for alms in a threatening or
insolent manner, or 1 continues to ask for alms of any' person
after he has been required to desist, shalLupon summary con-
viction be liable to imprisonment for any term not exceeding
three months.

30. The Governor in Council may make rules for the guid-
ance of officers in matters connected with this Ordinance.

SCHEDULE. Is. 1S.]

Fonm OF AGREEMENT TO LEAVE THE COLONY.

ARTicLEs OF AGREEMENT made this day'of
19 , between the Colonial Secretary of Hong Kong of the one
part and A.B., of etc., [the vagrant] of the other part: Each of
the parties hereto (so far as relates to the acts on his own part to
be performed) hereby agrees with the other of them as follows,:-

As amended by No. 19 of 1932 [10.6.32).

1. The said A.B. shall embark on board such ship, and at such
time, as the superintendent of the house of detention at
shall direct.

2. The said A.B. shall remain on board such ship until such
ship shall have arrived at the port off

3. The said A.B. shall not return to Hong Kong until five ypars
shall have elapsed from the date of such embarkation, unless he shall
be specially permitted to return by the Governor of Hong Kong.

4. The said Colonial Secretary of Hong Kong shall contract
with the owner of such ship or his agent for the passage of the said
A.B. on board such ship, and for his subsistence during the voyage
for which he shall embark as aforesaid.

In witness whereof the said Colonial Secretary of Hong Kong
and the said A.B. have hereunto set their hands ihe day and year
first above written.

(Signed) Colonial Secretary.

A. B.

Here insert the port to which the person agrees to go.
[Originally No. 25 of 1897. No. 5 of 1928. No 19 of 1932. No. 45 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. 5 Geo. 4, c. 83, s. 3. Provision of houses of detention, and appointment of officers thereof. [cf. No. 39 of 1935, s. 15.] Taking of vagrant before magistrate. Power to magistrate to declare person to be vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to send vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list seamen vagrants to be sent to Harbour Master. [10.6.32.] Agreement by vagrant to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. [cf. No. 3 of 1924.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidences in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person convicted of mendicancy. Punishment of person asking alms in threatening manner, etc. Rules.

[Originally No. 25 of 1897. No. 5 of 1928. No 19 of 1932. No. 45 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. 5 Geo. 4, c. 83, s. 3. Provision of houses of detention, and appointment of officers thereof. [cf. No. 39 of 1935, s. 15.] Taking of vagrant before magistrate. Power to magistrate to declare person to be vagrant. Committal of vagrant to a house of detention. Power to detain vagrant on order of committal. Power to magistrate to send vagrant to place of employment. Magistrate to assist vagrant in seeking employment. Scale of diet for vagrant. Regulations for government of vagrants. Punishment of vagrant for misconduct. Weekly list seamen vagrants to be sent to Harbour Master. [10.6.32.] Agreement by vagrant to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing into Colony person who becomes vagrant. [cf. No. 3 of 1924.] Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidences in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty for escape. Breach of agreement under s. 17. Punishment of person convicted of mendicancy. Punishment of person asking alms in threatening manner, etc. Rules.

https://oelawhk.lib.hku.hk/items/show/1460

PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

No. 4 of 1897.

An Ordinance to consolidate and amend the laws relating to
the Protection of women and girls.

[10th June, 1897.]

1. This ordinance may be cited as the Protection of Women
and Girls Ordinance, 1897.

Set also No. 14 of 1906 [Criminal Evidence], s. 5, and No. 41 of 1932
[Magistrates], s. 83.





2. In this Ordinance-

(a) ' Brothel ' means a house, room~ junk, boat, or other
place occupied, frequented, or used by any two or more females
for the purpose of prostitution

(b) Keeper ' includes any person having or appearing to
have the management or control of the prerhises in question

(c) ' Occupier of premises ' means the person in actual
occupation of any premises;

(d) ' Owner of premises ' means the person for the time
being receiving the rent or a consideration, for the use of
premises, whether on his own account or as agent or trustee
for any other person, or who would receive the same if such
place were let to a tenant.

PART I.

OFFENCES, ETC.

3. Every person who-

(i) takes part in bringing into or taking away from the
Colony, by force, intimidation, or fraud, any woman or girl
for the purpose of prostitution either within or without the
Colony,; or.

(2) takes part in bringing, taking, decoying, or enticing
any woman or girl into or away from the Colony, with intent
to sell, pledge, let out to hire, purchase, take in pledge, take on
hire, or otherwise dispose of such woman or girl, for the purpose
of prostitution either within or without the Colony ; or

(3) takes part in bringing, taking, decoying, or enticing
any woman or girl into or away from the Colon Y, for the purpose
of prostitution either within or without the Colony, knowing
that such woman or girl has been sold, pledged, let out to hire,
purchased, taken in pledge, or taken on hire; or

(4) takes part in selling., pledging, letting out to hire, pur-
chasing, taking in pledge, taking on hire, or otherwise disposing
of, or obtaining possession of any woman or girl,. for the
purpose of prostitution either within or without the Colony; Of

* As amended by No. 21 of 1929 [1.11.29].





knowinglv derives any profit from the sale, pledge, hire,
purchase, taking in pledge, taking on hire, or other disposal
of any woman or girl who has been sold, pledged, let out to
hire, purchased, taken in pledge, taken on hire, or otherwise
disposed of for the purpose of prostitution either within or
without the Colony,

shall be guilty of a misdemeanor.

Provided that, in any prosecution under paragraph (3),
where it is proved, to the satisfaction of the jury or of the
magistrate, as the case may be, that the woman or girl had, in
fact, been sold, pledged, let out to hire, purchased, taken in
pledge., or taken on hire, knowledge thereof by the accused shall
be presumed, unless lie satisfies such jury or magistrate that lie
had not such knowledge.

3A. It shall be no defence to any charge under section 3
that the woman or girl in qu'estion consented to the transaction
or. that she received the consideration or any part of the
consideration therefor.

4.-(1) Every person who-

(a) procures or attempts to procure any . female under twenty-
one ' years of age, not being a common prostitute or of known
immoral character, to have unlawful carnal connexion, either
within or without the Colony, with any other person ; or

(b) procures or attempts to procure any woman or girl
to become, either within or without the Colony, a common
prostitute; or

(c) procures or attempts to procure any woman or girl to
leave the Colony, with intent that she may become an inmate of
or frequent a brothel elsewhere; or

(d) procures or attempts to procure any womaft or girl to
leave her usual place of abode in the Colony (such place not
being a brothel) with intent that she may, for the purpose of
prostitution, become an inniate of or frequent a brothel within
or without the Colony,

As amendod by No. 21 of 1929 [1.11.29].
1+ As amended by Law Rev. Ord., 1937.





shall be guilty of a misdemeanor.

(2) No person shall be convicted of any offence under any of
paragraphs (b), (c) and (d) of sub-section (i) on the evidence
of one witness only, unless such witness is corroborated in some
material particular by evidence implicating the accused.

5. Every person who carnally knows or attempts to have
carnal knowledge of any unmarried girl, being of or above the
age of thirteen years and under the age of sixteen years, shall
be guilty of a misdemeanor: Provided that, where both parties
are Asiatics, a girl shall not be deemed to be unmarried within
the meaning of this Ordinance if she is duly married according
to the laws and customs of the native country of the girl:
Provided also, that no prosecution shall be commenced for an
offence under this section more than twelve months after the
commission of the offence.

6.-(1) Every person who carnally knows any girl under
the age of thirteen years, whether he is married to her or not,
shall be guilty of felony, and shall be liable to imprisonment
for life.

(2) Every person who attempts to have carnal knowledge
of any girl under the age of thirteen years, whether he is married
to her or not, shall be guilty of a misdemeanor.

7.-(1) Every person who commits an indecent assault upon
any female shall be guilty of a misdemeanor.

(2) It shall be no defence to a charge or indictment for an
indecent assault upon a girl under the age of sixteen years to
prove that she consented to the act of indecency.

[(3), rep. No. 33 of 1934.]

8.-(1) Every person who detains any woman or girl against.
her will-

As amended by No. 14 of 1934 [29.6.34].





(a) in or upon any premises with intent that she may be
unlawfully and carnally known by any man, whether any
particular man or generally; or

(b) in or upon any premises for an immoral purpose or for
the purpose of erhigration; or

(c) in any brothel,
shall be guilty of a misdemeanor.

(2) For the purposes of this section, a person shall be
deemed to detain such woman. or girl in or upon such premises
or in such brothel, not only where force, intimidation, or fraud
is used, but also if, with intent to compel or induce her to
remain in or upon such premises or in such brothel, such person
withholds from such woman or girl any wearing apparel or other
property belonging to her, or, where wearing apparel has been
lent or otherwise supplied to such woman or girl by or by the
direction of such person, such person threatens such woman or
girl with legal proceedings if she takes away with her the wearing
appar el so lent or supplied.

(3) No legal proceedings, whether civil or criminal, shall be
taken against any such woman or girl for taking away or being
found in possession of any such wearing apparel as was necessary
to enable her to leave such premises or brothel.

9.-(1) Every person who-

(a) by threats, intimidation, false pretences, false repre-
sentations, or other fraudulent means, procures or attempts to
procure any woman or girl to have unlawful carnal connexion
either within or without the Colony; or

(b) applies, administers to, or causes to be taken by any
woman or girl iany drug, matter, or thing, with intent to stupefy
or overpower so as thereby to enable any person to have unlawful
carnal connexion with such woman or girl,

shall be guilty of a misdemeanor.
(2) No person shall be convicted.of an offence 'under this.
section on the evidence of one witness only, unless such witness
is corroborated in some material particular by evidence impticat-
ing the accused.





10. Every person who unlawfully and carnally knows, or
attempts to have unlawful carnal knowledge of, any female
idiot or imbecile woman or girl, in 'Circumstances which do not
amount to rape, but which prove that the offender knew, at the
time of the commission of the offence, that the woman or girl
was an idiot or imbecile, shall be guilty of a misdemeanor.

11. Every person who, being the owner or occupier of any
premises- or having, or acting or assisting in, the management
or control thereof, induces or knowingly suffers any girl of such
age as is mentioned in this section to resort to or be in or
upon stich premises for the purpose of being unlawfully and
carnally known by any man, whether such carnal knowledge is
intended to be with any'particular man or generally, shall-

(i) if such girl is of or above the age of thirteen years and
under the age of sixteen years, be guilty of a misdemeanor;
,and

(2), if such girl is under the age of thirteen years, be guilty
of felony, and shall be liable to imprisonment for life.

,12. Every occupier or keeper of a house ot portion of a
house who uses it, or who knowingly permits it to be used, as
a lodging house for prostitutes or as a brothel shall be liable on
summary conviction, for the first offence to a fine not exceeding
two hunled and fifty dollars and to imprisonment for any term
not exceeding three months, for a second offence (whether in
respect of the same or other premises) to a fine ' not exceeding
five hundred dollars and to imprisonment for any ~erni not
exceeding six months, and for a third or any subsequent offence
(whether in respect of the same or other premises) to a fine not
exceeding one thousand dollars and to imprisonment for any
term not exceeding twelve months.

13. W here it has been proved to the satisfaction of a magis-
trate that an offence under section 12 has been committed with
.respect to any house or portion of a house he may order that
notice of the fact shall be served, either personally or by
registered post, upon the owner or tenant of the premises, or if
such owner or tenant is absent or under any disability upon his

As amended by No. 14 of 1934 [29.6.34].
As amended by No. 25 of 1936 [5.6.361.





attorney, agent or rent collector, or if such owner or tenant is
a corporation upon the secretary or manager thereof.

14. After service of such notice as is mentioned in section
13, any magistrate may, at the request of any such owner,,
tenant, attorney, agent, rent collector, secretary or manager,
make an order (which shall be recognized and given effect to in
any proceeding in any court) absolutely putting an end to any
existing tenancy or sub-terfancy of such premises as from the
date of such order, and thereupon such tenancy or sub-tenancy
shall absolutely cease and determine for all purposes and. the
occupier, tenant or sub-tenant of such premises may thereafter
be treated as a trespasser.

15. If, after service of such notice as is mentioned in section
13, an offence against section 12 is proved to have been com-
mitted by any person within three months after such service,
the person upon whom service is made (and, if he be an attorney,
agent or rent collector, also the landlord whom he represents)
shall be liable on summary conviction to a fine not exceeding
five hundred dollars, unless he proves to the satisfaction of the
magistrate that he neither knew nor had reasonable means of
knowing that the premises were being used as a lodging house
for prostitutes or as a brothel.

16. Any European officer of police, not being below the
rank of sergeant, who is authorized generally in writing for that
purpose by the Commissioner of Police, and any person, who is
authorized generally in writing for that purpose by the Secretary
for Chinese Affairs, may at all times, without notice, enter and
demand to see and interrogate any or all the inmates of- any
place on land or water which he may have reason to believe is
used as a lodging-house for prostitutes or as a brothel or in
connexion with which he may have reason to believe that an
offence has been committed under this Ordinance.

17.-(1) EverY male person who-

(a) knowingly lives wholly or irf part on the earnings of
prostitution ; or

As amended by No. 25 of 19M [5.6.361.
As amended by No. 43 of 1932 [9.12.32].





(b) solicits for immoral purposes,

shall be liable to imprisonment for any term not exceeding six
months.

(2) If it is made to appear to a magistrate, by information
upon oath, that there is reason to suspect that any house or
any part of a house is used by a female for the purposes of
prostitution and that any male person residing in or frequenting
the house is living wholly or in part on the earnings of such
prostitute, the magistrate may issue a warrant authorizing any
police officer to enter and search the house and to arrest such
male person.

(3) When a male person is proved to live with or to be
habitually in the company of a prostitute or is proved to. have
exercised control, direction or influence over the movements of
a prostitute in such a manner as to show that he is aiding,,
abetting, or compelling her prostitution with any other person
or generally, he shall ` unless he can satisfy the court to the
contrary, be deemed to be knowingly living on the earnings of
prostitution.

(4) Every female who is proved to have, for the purposes
of gain, exercised control, direction or influence over the move-
ments of a prostitute in such a manner as -to show that she is
aiding, abetting or compelling her prostitution with any person,
or generally, shall be liable to imprisonment for any term not
exceeding three montlisw

18.-(1) Every person shall be gui.ity of a, misdemeanor
who without lawful authority or excuse-

(a) receives, harbours, detains, or has . under, his control
any woman or girl ' who has been brought. into or is'abotit to be
taken away from the, Colonv by force, intimidation or fraud; or

(b) receives, harbours, detains, or has under his control
any unmarried girl under the age of twenty-one years without
the consent of the person having the lawful care or charge Of
her.
(2) When any person accused under paragraph .(k) :of
sub-section (i) is'proi-,ed- to have received, harboured, detained

As amended by No. 21 of 1929 [1.11.291 and Law Rev. Ord., 1937.





or had under his control any female who appears to the magis-
frate to be under the age of twenty-one years, it shall, until the
contrary is proved, be presumed (a) that the female was an
unmarried girl, and was under the age of twenty-one years, at
the date of the alleged offence, and (b) that the accused received,
harboured or detained her, or had her under his control, without
the consent of the :person having. the lawful care or charge'
of her.

No prosecution under this section shall be instituted
without the consent of the Secretary for Chinese Affairs:
Provided that the consent of, the Secretary for Chinese Affairs
shall not be necessary for the arrest of any person suspected
of having committed an offence against the provisions of this
section.

(4) No person charged under this section shall be entitled
to be acquitted, on the ground that such person brought the
woman or girl into the Colony, or on the ground that such
person took the woman or girl, or caused her to he taken, out
of the possession of the person having the lawful care or charge
of her.

19. Every person who-

(i) receives or harbours any girl under the age of ~ixteen
years, knowing that she has been procured for the purpose of
having unlawful carnal connexion with any other person, and
with intent to aid such purpose; or

(2) receives or harbours any woman or girl, knowing that
she has been sold, pledged, let ?ut to hire, purchased, or other-
wise disposed of, either within or without the Colony, for the
purpose of prostitution, and with intent to aid such purpose; or

(3) receives or harbours any woman or girl with intent that
she shall he sold, pledged, let out to hire, purchased, taken in
pledge, takew on hire or otherwise disposed of for the purpose
of prostitution either within or without the Colony,

shall be guilty of a misdemeanor.

20. Every person who by force, intimidation,.. or any
fraudulent means, brings, takes, decoys, or entices any woman or





girl into or away from the Colony for the purpose of emigration
,shall be guilty of a misdemeanor.

21.-(1) Every person who commits the crime of rape shall
be guilty of felony, and shall be liable. to imprisonment for life.

(2) Every man who induces a married woman to permit him
to have carnal connexion with her by personating her husband
shall be deemed to be guilty of rape.

(3) If upon the trial of any indictment, or the hearing of
any information or charge, for rape, or for any offence made
felony in section 6, the magistrate or the jury, as the case may
be, shall be satisfied that the defendant is guilty of an offence
under sections 5, 6, 9 or io or of an indecent assault, but is
not satisfied that the defendant is guilty of the felony charged
in such indictment, information, or charge,- or of an attempt to
commit the same, then and.in every such case the magistrate
or the jury, as the case may be, may acquit the defendant of
such felony, and find him guilty of an offence as aforesaid, or
of an indecent assault, and thereupon such defendant shall be
liable to be punished in the same manner as if he had been
convicted upon an indictment, information or charge for such
offence as aforesaid, or for an indecent assault.

22. When any woman of any age has any interest, whether
legal or equitable, present or future, absolute, conditional, or
contingent, in any real or personal estate, or is a presumptive
heiress or co-heiress or presumptive next of kin, or one of the
presumptive next of kin, to anyone having such interest, every
person who, from motives of lucre, takes away or detains such
woman against her will, with intent to marry or carnally know
her or to cause her to be married or carnally known by any other
person, shall be guilty of felony, and shall be liable to imprison-
ment for any term not exceeding fourteen years.

23. Every person who fraudulently allures, takes away, or
detains any such woman as is mentioned in Section 22, being
under the age of twenty-one years, out of the possession and
against the will of her father or mother or of any other person
having the lawful care or charge of tier, with intent to marry

As amended by No. 43 of 1932 [9.12.32].





or carnally know her or to cause her to be married or carnally
known by any other person, shall be guilty of felony, and
shall be liable to imprisonment for anv term not exceeding
fourteen years.

24. Every person who is convicted of any offence against
section 22 or Section 23, shall be incapable of taking any estate
or interest, legal or equitable, in any real or personal property
of such woman, or in which she has any such interest, or which
comes to her as such heiress, co-heiress, or next of kin as afore-
said; and if any such marriage as aforesaid has taken place, such
property shall, on such conviction, be settled in such manner
as the Supreme Court may, on any information at the suit of
the Attorney General, appoint.

25. Every person who by force takes away or detains against
her will ariv woman of any age, with intent to marry or carnally
know her or to cause her to be married or carnally known by
any other person, shall be guilty of felony, and shall be liable
to imprisonment for any term not exceeding fourteen years.

26. Every person who unlawfully tak es or causes to be taken
any unmarried girl, being tinder the age of twenty-one years,
out of the possession and against the will of her father or mother
or of any other person having the lawful care or charge of her
shall be guilty of a misdemeanor.

27. When a person is charged with an offence tinder this
Ordinance, or tinder section 26 or section 45 of the Offences
against the Petson Ordinance, 1865, in respect of a girl or child
who is alleged in the charge or indictment to be under any
specified age, and such girl or child appears to the presiding
magistrate-or judge to be under that age, such girl or child
shall, for the purposes of the enactment under which the charge or.
indictment is brought, be deemed to be under that age, unless
the contrary is proved.

[s. 28, rep. No. 1 Of 1912.]

29. No summary conviction under this Ordinance shall be
quashed for want of form or be removed by ceitiorari, and no

As amended by Law Rev. Ord, 1937





warrant of commitment shall be held void by reason of any
defect therein, provided it is therein alleged that the party has
been convicted and there is a good and valid conviction to sustain
the sarue.

30. Every person who is convicted of any misdemeanor
under this Ordinance shall be liable to imprisonment for any
term not exceeding two years: Provided always that if the case
is determined -by a single magistrate instead of being, in his
discretion, sent for trial, he shall not impose a heavier sentence
than one year's imprisonment, and that where there appears a
necessity for a heavier sentence, the case shall be committed for
trial at the Supreme Court.

31.-(1) Whenever any person is convicted either summarily
or before the Supreme Court of any offence against the
provisions of section 4 or section 7 it shall be lawful for the
magistrate or court to direct that, in addition to the punishment
hereinbefore prescribed, the offender, 'if a male, be flogged.

(2) Whenever any person is convicted of any offence against
the provisions of sections 3, 5, 6, 8, 9, 10, 11, 17, 18, 19 or
20, if it is proved that the offender has been previously convicted
either summarily or before the Supreme Court of an offence
against the provisions of the same or any other of the said
sections it shall be lawful for the magistrate or court to direct
that, in addition to the punishment hereinbefore prescribed, the
offender, if a male, be flogged.

PART II.

POWERS OF SECRETARY FOR CHINESE AFFAIRS

32.-(1) If any parent or person acting in the place of a
parent has, within or without the Colony, voluntarily parted
with a girl under the age of eighteen years for the purpose of
adoption into another family, or received money for parting with
the custody of any girl under the age of eighteen years for
any purpose, the legal guardianship of such girl while within
the Colony shall be vested in the Secretary for Chinese Affairs.

As aimended by No. 21 of 1929 [1.11.29].





(2) If in any case it appears to the Secretary for Chinese
Affairs that any gir 1 under the age of eighteen years has not
been properly treated by the person in whose custody she is,
and that the girl is unwilling to remain in such custody, it shall
be lawful for the Secretary for Chinese Affairs to call upon such
person to produce proof to his satisfaction that such person is
the legal guardian, and failing the production of such proof the
legal guardianship of such girl while within the Colony shall
be vested in the Secretary for Chinese Affairs.

(3) Where the legal guardianship of any girl is vested
in the Secretary for Chinese Affairs by virtue of the provisions
of this section, it shall be ]awful for the Secretary for Chinese
Affairs, subject to the provisions of section jo ~f the Female
Domestic Service Ordinance, 1923, to ;make any order regarding
the custody and control of the girl which lie may think desirable
in her interests, and if lie so thinls fit, to require any person in
whose charge lie shall place the girl to enter into a bond with
one or more sureties to treat the Cyirl well and to produce her
before him whenever lie sliall so require.

33. Whenever the Secretary for Chinese Affairs has reason
to believe-

(i) that any woman or girl has been brought into the
Colony; either after having been purchased or Lw force, intimida-
tion, fraud, misrepresentation, or'any false pretence, for immoral
purposes or for purposes of emigration ; or

(2) that any woman or girl has been purchased in the
Colony with a view to her being trained or disposed of as a
prostitute, or is being detained against her will for immora!
purposes or for purposes of emigration; or

(3) thati in any of such cases any woman or girl, from fear,
ignorance, or any. other caus. is unwilling or unable to disclose
the true circumstances of the case,

he may inquire into the case, and may require any *person in
whose custody or, under whose control she appears to be to
furnish a photograph of such woman or girl and' security in
a reasonable amount, to the satisfaction of the Secretary for

As amended by Law Rev. Ord., 19;~7..





Chinese Affairs, that such woman or girl shall not leave the
Colony without the previous consent in writing of the Secretary
for Chinese Affairs, that she shall not be trained or disposed
of as a prostitute or for immoral purposes, and that she shall be
produced before the Secretary for Chinese Affairs whenever he
so requires.

The security to be furnished *under this section shall be
a personal bond, with one or more sureties, in the form in the
Schedule or in such other form as may be prescribed by the
Governor. in Council.

34. In default of such photograph and security being
furnished, the Secretary for Chinese Affairs may, by warrant
under his hand, order that such woman. or girl be removed
to a place of refuge, where she shall remain until she can be
returned to the place whence she was brought or other proper
provision can be made for the protection of her interests and
liberty.

35.-(1) If the Secretary for Chinese Affairs, after due
inquiry, is satisfied that any girl is being used for immoral
purposes or is being trained for such purposes and that such girl
is * under the age of sixteen years, fie may, by warrant under
his hand and seal, order such girl to be remov~d to a place of
refuge, where she shall be detained until further order or until
she attains the age of nineteen years, or marries, or is adopted,
whichever event first happens.

(2) A girl found living in or frequenting a brothel shall be
deemed to be a girl who is being trained for immoral purposes.

36. Every woman or girl residing in such place of refuge
as is referred to in sections 34 and 35 shall be subject to such
regulations as may be made by the Governor in Council; and
every woman or girl who, contrary to such regulations, leaves
any such place of refuge in which she is residing may be
arrested and taken back to such place by any police.officer or
by any officer appointed under this Ordinance and. specially
authorized by the Secretary for Chinese Affairs in writing in
that. behalf.

* As amended by Law Rev. Ord., 1937.





37.-(1) Every person who induces or assists any woman
or girl so detained to leave, contrary to such regulations, the
place of refuge in which she is residing, or knowingly harbours
any such woman or girl, shall upon summary conviction be
liable to a fine not exceeding one hundred dollars, or to imprison-
ment for any term not exceeding three months.

(2) Every person who, without lawful authority or purpose,
communicates or attempts to communicate with any woman or
girl so detained, or induces or attempts to induce any such
woman or girl to break any such regulations shall be liable to
the same punishment.

[s. 38, rep. Law Revision Ordinance, 1937.]

39.-(1) The Secretary for Chinese Affairs, or any officer
generally or specially authorized for that purpose in writing by
the Secretary for Chinese Affairs, may enter, and for that
purpose may use force if necessary, and may search, any vessel,
house, building, or other place for the purpose of ascertaining
whether there is therein any woman or girl who is or may be
liable to be dealt with under the provisions of this Ordinance,
or whether any offence under this Ordinance is being, or has
been, committed, and may remove any such woman or girl to
a place of safety to be there detained urvtil her case be inquired
into.

(2) The Secretary for Chinese Affairs or such officer as
aforesaid may during or after any such search as is referred to
in sub-section (i), arrest or cause to be arrested any person
reasonably suspected of being liable to prosecution for an.
offence against thIs Ordinance,. and may seize and detain any
articles, or any books, documents or accounts, which he may
have reason to believe to relate to any offence against this
Ordinance.

(3) No person shall refuse the Secretary for Chinese
Affairs or such officer as aforesaid access to any such vessel,
house, building or other place, or otherwise obstruct or hinder
him in effecting an entrance, or in removing such woman or
girl, or in seizing and detaining such articles, books, documents
or accounts.

As amended by No. 21 of 1929 [1.11.29].





(4) (a) In carrying out any search under the provisions of
this section the Secretary for Chinese Affairs or such officer as
aforesaid shall have power to put questions and to give any
such order or direction as may be necessary to the inmates of
any vessel, house, building, or other place for the purpose of
carrying out such search.

(b) The inmates of any vessel, house, building, or other
place shall answer truthfully all questions put to them by the
Secretary for Chinese Affairs, or such officer as aforesaid,* and
shall obey any order or direction given by him touching any
matter or any person connected with such search.

(c) No person shall by force, restraint, threats, inducement,
or other means, cause any woman or girl who is or may be
liable to be dealt with under the provisions of this Ordinance
to conceal herself in or to- leave any vessel, house, building, or
other place being searched or about to be searched by the Secre-
tary for Chinese Affairs or such officer as aforesaid under the
provisions of this section, with the intent that the search of the
Secretary for Chinese Affairs or such officer may thereby be
evaded or obstructed.

(5) Every person who contravenes any of the provisions of
this section shall upon summary conviction be liable to a fine
not exceeding five hundred dollars and to imprisonment for.any
term not exceeding six months.

40.-(1) The Secretary for Chinese Affairs shall have power,
by notice in writing under his hand, to summon before him
any person whom he may have reason to believe can give any
information respecting any woman or girl mentioned in this
Part, and respecting the treatment of such woman or air], or
respecting any inmate of a brothel.

(2) Every person who-

(a) on service of such notice, does not appear at the time
and place therein mentioned; or

(b) fails to produce all documents in his custody, posses-
sion, or power relating to such woman or girl and to answer
truthfully all questions which the Secretaryfor Chinese Affairs
may put to him respecting such worrian or girl or in any way
relating to the matter being inquired into ; or





(c) without reasonable excuse refuses or neglects to produce
such woman or girl when so required by the Secretary for
Chinese Affairs,
shall upon summary conviction be liable to a fine not exceeding
one hundred dollars,, or to imprisonment for any term not
exceeding three months.

41. All summonses, notices, and other documents required
to be served or given under this Ordinance on behalf of the
Secretary for Chinese Affairs shall bc deemed validly and
sufficiently served or given if served on or left with the person
intended to be served or to whom the notice is intended to be
given or, if he cannot readily be found, if left at his last-known
place of abode or business.

42. Every warrant purporting to be issued in pursuance of
this Ordinance under the hand and seal of the Secretary for
Chinese Affairs, shall be received in evidence in every court
without further proof, and shall be evidence of the facts therein
stated, and all acts done in pursuance of such warrant shall be
deemed to have been authorized by law.

[s. 43, rep. Law Revision Ordinance, 1937.]

PART III.

GENERAL.

44. The Governor may appoint such officers as may be
necessary for carrying out the provisions of this Ordinance and
may make rules to regulate the performance of their duties.

45. In any proceeding under this Ordinance, every notice,
order, copy of regulations, or other instrument shall, until the
contrary is proved, be presumed to have been duly signed by
the person by whom and in the character in which it purports
to be signed.

[s. 46, rep. No. 31 Of 1911.]

47.-(1) It shall be lawful for the Governor in Council to
make regulations in respect of the following matters:-

As amended by Law Rev. Ord., 1937.





(a) the care, maintenance, and education of women and
girls detained under Part II

(b) the manner and conditions in and under which the
powers conferred by this Ordinance shall be exercised; and

(c) generally in relation to any matters for carrying into
effect the objects of this Ordinance.

(2) Every person who contravenes any of the provisions of
any of such regulations shall upon summary conviction be liable
to a fine not ~xceeding fifty dollars, and to imprisonment for
any term notexceeding one month.

SCHEDULE. [ss. 32 and 33.]

FORM OF BOND.

Know all men by these presents that we and
are held and firmly bound unto His Majesty the King, His heirs and
successors, in the sum of to be paid to the Colonial
Treasurer of Hong Kong, to which payment we bind ourselves and
each of us and each of our heirs, executors, and administrators firmly
by these presents.
Sealed with our seals.
Dated this day of 19

Now the condition of this obligation is that if the above-bounden
shall duly observe and comply with the provisions of section
of the Protection of Women and -Girls Ordinance, 1897, relating
to bonds, which are as follows:-[here set out the provisions; that
is to say-' It shall be lawful. for the Secretary for Chinese AffRirs
. . . . if he so thinks fit to require any person in whose charge he
shall place the girl to enter into a bond with one or more.sureties to
treat the girl well and to produce her before him whenever he shall
so require.--- (s. 32 (3)) or as the case may be-' The Secretary for
Chinese Affairs may require any person in whose custody or under
whose control she appears to be to furnish a photograph of such
woman or girl and security in a reasonable amount, to the satisfaction
of the Secretary for Chinese Affairs, that such woman or girl shall not
leave the Colony Without the previous consent in writing of the Secre-
tary for Chinese Affairs, that she shall not be trained or disposed of as
a prostitute or for immoral purposes, and that she shall be produced
before the Secretary for Chinese Affairs whenever he so requires. The
security to be furnished under this section shall be a personal bond,
with one or more sureties, in the form in the Schedule or in such
other form as may be prescribed by the Governor in Council.'(s. 33)]

As amended by Law Rev. Ord., 1937,

in respect of one who is now residing at Hong Kong, then
this obligation to bevoid, otherwise to remain in full force.

[L. S.]
Signed, scaled, and delivered by [L. S.]
the above-named
and
in the presence of

[Originally No. 9 of 1897. No. 18 of 1929. No. 21 of 1929. No. 43 of 1932. No. 14 of 1934. No. 33 of 1934. No. 25 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Traffic in women or girls. Defence negatived. Procuration of women or girls. 48 & 49 Vict. C. 69, s. 2. [cf. No. 3 of 1903 and No. 41 of 1932, s. 89 (5).] Defilement of girl between 13 and 16 years of age. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5(2) and No. 1 of 1932, s. 17 (1) (e).] Defilement of girl under 13 years of age. 48 & 49 Vict. C. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5 and No. 1 of 1932, s. 17 (1) (e).] Indecent assault upon female. 24 & 25 Vict. c. 100, s. 52; 43 & 44 Vict. c. 45, s. 2. [cf. No. 3 of 103 and No. 41 of 1932, s. 89 (5).] [19.10.34.] Unlawful detention of women or girls. 48 & 49 Vict. c. 69, s. 8. Procuring defilement of women or girls. 48 & 49 Vict. C. 69, s. 3. Carnal knowledge of female idiot. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of house-holder, etc., permitting defilement of girl. 48 & 49 Vict. C. 69, s. 6. Penalty on occupier or keeper of premises used as a lodging house for prostitutes or as a brothel. Service of notice of offence under section 12 on owner, etc. Power to determine tenancies of premises used in contravention of section 12. Penalty on owner, etc., where premises again used within three months in contravention of section 12. Power to police to visit disorderly house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 40 of 1932, s. 11.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20 s. 7 (4).] Receiving or harbouring women or girl brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girls sold for prostitution. Decoying women or girls for emigration. Rape. 24 & 25 Vict. C. 100, s. 48; 48 & 49 Vict. C. 69, s. 4. Power on indictment, hearing or charge for rape, to convict of certain offences. 48 & 49 Vict. C. 69, s. 9. Abduction of woman against her will, from motives of lucre. 24 & 25 Vict. c. 100, s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. 24 & 25 Vict. c. 100, s. 53. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict. C. 100, s. 53. Forcible abduction of woman with intent to marry her. 24 & 25 Vict. C. 100, s. 54. Abduction of girl under 21 years of age. 24 & 25 Vict. C. 100, s. 55. Presumption as to age of girl or child. Ordinance No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Flogging. [cf. No. 3 of 1903.] Guardianship of adopted girl, etc. [cf. No. 1 of 1923, s. 23.] Ordinance No. 1 of 1923. Powers of Secretary for Chinese Affairs. Schedule. Removal of woman or girl to place of safety, in default of photograph and security. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Power of search, etc. Power of Secretary for Chinese Affairs to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

[Originally No. 9 of 1897. No. 18 of 1929. No. 21 of 1929. No. 43 of 1932. No. 14 of 1934. No. 33 of 1934. No. 25 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Traffic in women or girls. Defence negatived. Procuration of women or girls. 48 & 49 Vict. C. 69, s. 2. [cf. No. 3 of 1903 and No. 41 of 1932, s. 89 (5).] Defilement of girl between 13 and 16 years of age. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5(2) and No. 1 of 1932, s. 17 (1) (e).] Defilement of girl under 13 years of age. 48 & 49 Vict. C. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5 and No. 1 of 1932, s. 17 (1) (e).] Indecent assault upon female. 24 & 25 Vict. c. 100, s. 52; 43 & 44 Vict. c. 45, s. 2. [cf. No. 3 of 103 and No. 41 of 1932, s. 89 (5).] [19.10.34.] Unlawful detention of women or girls. 48 & 49 Vict. c. 69, s. 8. Procuring defilement of women or girls. 48 & 49 Vict. C. 69, s. 3. Carnal knowledge of female idiot. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of house-holder, etc., permitting defilement of girl. 48 & 49 Vict. C. 69, s. 6. Penalty on occupier or keeper of premises used as a lodging house for prostitutes or as a brothel. Service of notice of offence under section 12 on owner, etc. Power to determine tenancies of premises used in contravention of section 12. Penalty on owner, etc., where premises again used within three months in contravention of section 12. Power to police to visit disorderly house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 40 of 1932, s. 11.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20 s. 7 (4).] Receiving or harbouring women or girl brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girls sold for prostitution. Decoying women or girls for emigration. Rape. 24 & 25 Vict. C. 100, s. 48; 48 & 49 Vict. C. 69, s. 4. Power on indictment, hearing or charge for rape, to convict of certain offences. 48 & 49 Vict. C. 69, s. 9. Abduction of woman against her will, from motives of lucre. 24 & 25 Vict. c. 100, s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. 24 & 25 Vict. c. 100, s. 53. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict. C. 100, s. 53. Forcible abduction of woman with intent to marry her. 24 & 25 Vict. C. 100, s. 54. Abduction of girl under 21 years of age. 24 & 25 Vict. C. 100, s. 55. Presumption as to age of girl or child. Ordinance No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Flogging. [cf. No. 3 of 1903.] Guardianship of adopted girl, etc. [cf. No. 1 of 1923, s. 23.] Ordinance No. 1 of 1923. Powers of Secretary for Chinese Affairs. Schedule. Removal of woman or girl to place of safety, in default of photograph and security. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Power of search, etc. Power of Secretary for Chinese Affairs to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

https://oelawhk.lib.hku.hk/items/show/1459

PROBATES ORDINANCE, 1897

No. 2 of 1897.

An Ordinance to consolidate and amend the laws relating to
Probates and letters of administration.

[15th May, 1897.]

1. This Ordinance may be cited as the Probates Ordinance,
1897.

2. In this Ordinance,

(a) ' Administration ' comprehends all letters of adminis-
tration of the estates of deceased persons, whether with or with-





out a will annexe& and whether granted for general, special,
or limited purposes;

(b) ' The court ' means the Supreme Court exercising
jurisdiction under this Ordinance;

(c) ' Estate ' or ' property ' of a deceased person means
the personal estate and effects of whatever kind of such person,
and includes property passing on the death of such person ;

(d) ' Estate duty means estate d uty under the Estate
Duty Ordinance, 1932

(e) ' Matters and causes testamentary ' comprehend all
matters and causes relating to the granting and revocation of
probate of wills and of administration

Next of kin ' includes persons entitled in their own
right to property passing on the death of any person.

PART I.
JURISDICTION AND POWERS OF THE COURT.

3.-(1) The voluntary and . contentious jurisdiction and
authority in relation to the granting and revocation of probate
of wills and of letters of administration of the estates of
deceased persons, together with full authority to hear and
determine all questions relating to matters and causes testa-
mentary, shall as heretofore belong to and be vested in and be
exercised in the name of His Majesty by the Supreme Court.

(2) The Supreme Court shall as heretofore, for the purposes
of this Ordinance, be deemed a court of probate and shall be
a court of record, and shall have the same powers, and its
grants and orders shall have the same effect, in this Colony,
and in relation to the estates in.this Colony of deceased persons,
as the Supreme Court and its grants and orders respectively
now have or hitherto have had in relation to matters and causes
testamentary and estates of deceased persons within the juris-
diction of the Supreme Court; and all duties which are or have
been imposed on or should be performed by the Supreme Court
in respect of probates, administrations, and matters and causes
testamentary shall be performed by the Supreme Court under
the probate jurisdiction hereby continued: Provided that no
suits for legacies, or suits for the distribution of residues, shall





be' entertained by the Supreme Court in its probate jurisdiction.

4. The judge shall have and -may exercise full power of
altering and amending any grant of probate or of administra-
tion, whether made before or after the commencement of this
Ordinance.

5. No officer or clerk of the court shall, during the time
of his holding such office, directly or indirectly practise as a
barrister or solicitor, or receive or participate in the fees of any
other person so practising.

6. All probates, administrations, orders and other instru-
ments, and all exemplifications and copies thereof, shall respec-
tively be sealed ' with the seal of the Supreme Court; and any
such document purporting to be so sealed shall be received in
evidence, in any cause or proceeding of whatever kind, without
further proof thereof.

7.-(1) The court may require the attendance of any party
in person, or of any person whom- it may think fit to examine
or cause to be examined, in any action or other proceeding in
respect of matters or causes testamentary, and may examine or
cause to be examined upon oath parties and witnesses by word
of mouth, and may, either before or after or with or without
such examination, cause them or any of them to be examined
upon interrogatories or receive their or any-of their affidavits.

(2) The court may by ,,vrit require the attendance of any
such party or witness, and order to be produced before itself
or otherwise any deeds, evidences, or writings, in the same
form, as nearly as may be, as that in which a writ of subporna
ad testificand'Unt or of subpoena daces tecum is now issued by
the Supreme Court in its original jurisdiction.

8. The court shall have the like powers, jurisdiction, and
authority for enforcing the attendance of persons required by
it as aforesaid, add for punishing persons failing, neglecting,
or refusing to produce deeds, evidences, or writings, or refusing
to appear, or to be sworn, or to give evidence, or guilty of
contempt, and generally for enforcing all orders, decrees, and
judgments made or given by the court under this Ordina ' nce
and othe-wise in relation to the matters to be inquired into and





done by. or under the orders of the court under this Ordinance
as are for the time being.vested by law in the Supreme Court
for such purposes in relation to. any action or matter depending
in the said court in its original jurisdiction.

9.-(1) The court may, on motion or petition or otherwise,
in a . summary way, whether any action or other proceeding is
or is not pending in the court with respect to any probate or
administration, order any person to produce and bring.into the
Registry of the court, or otherwiseas the court may direct, any
paper or writing being or purporting to be testamentary which
may be shown to, be in the possession or under the control of
such person.
(2) If it is not shown that any such paper or writing is
in the possession or tinder the control of such person, but it
appears that there are reasonable grounds for believing that he
has knowledge of any such paper or writing, the court may
direct such person to attend for the purpose of being examined
in open court or upon interrogatories respecting the same, and
such person shall be bound to answer such questions or inter-
rogatories, and, if so ordered, to produce and bring in such
paper or writing, and shall be subject to the like process of
contempt in case of default in not attending or in not answering
such questions or interrogatories, or not bringing in such paper
or writing, as he would have been subject to in case he had
been a party to an action in the court and had made such
default.

10.-(i) The Registrar of the Supreme Court, and iny
other person whom the Chief justice may, under* the seal of
the Supreme Court, appoint for that purpose shall respectively
have full power to administer naths and to perform such other
.duties in reference to matters and causes testamentary as may
he assigned to them by any rules and.orders made. under this
Ordinance.

(2) Every commissioner for taking oaths in the Supreme
Court in its original jurisdiction shall be a commissioner for
taking oaths in the court.

PART II.

THE: OFFICIAL ADMINISTRATOR.

11-(1) The Registrar of the Supreme Court shall be ex





~fficio Official Administrator underthis Ordinance.

(2) In all cases the Official Administrator shall he subject
to the immediate control and act under the direction of the
court.

(3) The Official Administrator may employ a soliGitor or
other agent to do any business which may be sanctioned by the
court.

(4) Applications by the Official Administrator to the court
may be made personally, and without notice or other formality;
but the court may in any case order that an application be
renewed in a formal manner, and that such notice thereof he
given to any person likely to be affected thereby as the court
may direct.

12. A grant of administration to the Officia 1 Administrator,
whether the narne of the grantee, the officer holding the appoint-
ment at the time of the grant, is or is not mentioned therein,
shall be deemed to have been made and to be made, as the
case may be, to him and his successors in office.

13. All property vested in the Official Administrator for the
time being by virtue of any grant of administration made to
him or any predecessor in office or otherwise shall, on -his
vacating or otherwise ceasing to hold the office, be deemed
to be vested in his successor without any further transfer or
conveyance.

14,(1) It shall be lawful for the Official Administrator,
when ever he thinks it expedient to do so and upon such evidence
of death as he deems sufficient, to receive or take possession of
the private papers, moneys, goods, chattels, and other movable
property whatsoever of any deceased person which may be
found within the Colony, and to provide for the safe custody
thereof, until, probate of the will of such deceased -person or
administration of his estate has been granted by the court:
Provided always that the Official Administrator may, in lieu
thereof, if he thinks fit, issue forthwith- a commission of appraise-
ment of all or any of such property.

As amended by No. 14 of 1933 [23.6.331.
As amended by No. 21 of 1930,[5.12.,30].





(2) In case of the death of any citizen of the United States
of America in the Colony, the Official Administrator shall at
once inform the nearest consular officer of the said United States
of the fact, in order that the necessary information may be
immediately forwarded to persons interested. The said consular
officer shall have the right to, appear, either personally or by
delegate, in all proceedings on behalf of the absent heirs or
creditors until they are otherwise represented.

15. Every person who, without lawful authority or excuse
in that behalf-
(i) removes or attempts to remove out of the Colony any
such property as is mentioned in section 14; or
(2) destroys, conceals, or refuses to yield up any such
property on demand to the Official Administrator,
shall upon summary conviction be liable to a fine not exceeding
five hundred dollafs, and to imprisonment, without hard labour,
for any term not exceeding six months.

16. The Official Administrator shall have a lien upon all
property mentioned in section 14 for the reasonable expenses
incurred by hirn in respect thereof in carrying out the provisions
of the said section, and such expenses shall also constitute a
primary charge on the estate of the deceased person.

17.-(1) When any person dies leaving a will within the
Colony, the person in whose keeping such will has been
deposited, or who finds such will after the testator's death, shall
produce, and, if required, shall deliver, the same to the Official
Administrator within fourteen days after the death of the
testator, or from the time when he has had notice thereof, or
from the time of the finding of the will, as the case may be.
(2) Every person who refuses or neglects to comply with the
requirements of this section shall upon summary conviction be
liable to a fine not exceeding five hundred dollars.

18. Where any person dies, whether in the Colony or else-
where, leaving estate in the Colony in respect of which he dies
intestate, such estate shall vest in the Official Administrator who

For inclusion of Porto Rico see G.N. 549 of 22.12.1916, and for position
of Hungarian subjects see Article 14 of the Treaty mentioned in G.N.
127 of 8.3.1929.
As amended by No. 14 of 1933 [23.6.331.





may, if he thinks fit, receive and take possession . of the same until
administration is granted in respect thereof,

19. Where the whole of such estate does not, in the opinion
of the Official Administrator, exceed in value the sum of two
hundred and fifty dollars, it shall be lawful for him, if he thinks
fit, without any legal formality, to get in and administer the
same in a summary manner, for the benefit of the persons he
may deem interested therein, without a grant or other legal
formality.

20.-(1) On application made by the Official Administrator,
the court shall, unless it sees good reason to the contrary, grant
to him administration in any of the following cases:-

(a) where a person dying intestate, whether in this Colony
or elsewhere, has left property situate in the Colony and no
next of kin of such person are resident in the Colony ;

(b) where a person dying intestate, whether in this Colony
or elsewhere, has left property situate in the Colony and the next
of kin of such person who are resident in the Colony file in the
Registry of the court a request for or consent to the making of
such grant, in writing signed by them;

(c) where a person dying intestate, whether in this Colony
or elsewhere, has left property situate in the Colony and no
person has, within twelve months after the death of such person,
obtained administration of his estate; and

(d) where a person dying intestate, whether in this Colony
or elsewhere, has left property situate in the Colony and the
next of kin of such person who are resident in the Colony are
infants under the age of twentv-one vears.

(2) The provisions of this section shall apply, with the
necessary modifications, in the case of a person who dies
testate, whether in this Colony or elsewhere, but without
appointing an executor, or whose executor, if appoi' ted, refuses,
n
neglects, or is unable to act.

21. Nothing in this Ordinance shall be construed to enable
or require the Official Administrator to obtain administration

As amended by No. 14 of 1933 [23.6.33].
I As amended by Law Rev. Ord., 1937.





of the estate of any person -dying in the naval, military, or air services of His
Majesty and subject to the Articles of War, or of any deceased seaman or
apprentice for the administration of whose estate provision is made by any
Act of Parliament, or of any person for the administration of whose estate
special provision is otherwise made in Part V.

22. Any grant made to the Official Administrator under this Ordinance
may be limited in respect of time or in any other respect as to the court may
seem fit.

23. Subject to the special direction of the court to the contrary in any
particular case, the Official Administrator shall bring the administration of
every estate of which he has obtained administration to a close within the
period fixed by law for that purpose in the case of an ordinary administrator.

24. A commission at the rate of 5% on the first $1,000, 2 1/2% on the next
$4,000 and 1 % on the balance, or such lower rate or rates as the court may
approve on the application of the Official Administrator in the case of any
particular estate, shall be chargeable on the gross value of all property of
whatsoever nature received or taken possession of, or realized or otherwise
dealt with, by the Official Administrator under this Ordinance.

[s. 25, rep. No. 5 of 1929.]

26.-(1) The Official Administrator shall keep a general register of all
estates under his administration, a cash book, and a ledger or account
current book, and such other books as he may find necessary or may be
prescribed.

(2) He shall enter in books, to be kept by him for that purpose,.
separate and distinct accounts of each estate and of all property of every
description which may come to his hands, and also of all payments made by
him on account of each estatespecifying the dates of such receipts and
payments respectively.

(3) Each book shall be kept in the Registry of the court, and shall be
open during office hours for the inspection of. any person who has
occasion to inspect the same., on payment of the prescribed fee.

AS amended by No. 14 of 1933 [23.6.33].





27.-(1) The Official Administrator shall give to any person who applies
for the same copies of all documents and accounts in his possession relating
to any estate under his administration or to any property which he receives
or of which he takes possession under this Ordinance, on payment of the
prescribed fees.

(2) If any such copy is refused, the applicant may petition the court in a
summary way for an order on the Official Administrator to give such copy;
and the costs of any such petition and order shall be paid by the' Official
Administrator, if the court so directs.

28. The Official Administrator shall, on the expiration of each half-year,
make out and furnish to the Chief justice and to the Colonial Secretary a
return, according to the form in the First. Schedule, of all estates vested in or
administered by him during the half-year then expired, and he shall pay into
the hands of the Treasurer the balance remaining in respect of each such
estate immediately after the same has been closed.

29. No action shall be brought against the Official Adminis-
trator for anything done by him in respect of the execution or
the intended execution of any power vested in him by this
Ordinance, or for anything done by him in the exercise of his
office as administrator under any grant of letters of adminis-
tration made to him under this Ordinance, if it was done bond
fide; but any person who feels aggrieved thereby may apply for
redress to the court by summary petition verified upon oath, and
the court may thereupon take such evidence as it thinks fit,
and may make any order in relation to the matter which the
justice of the case requires.

PART III.

GRANTING AND REVOCATION OF PROBATES, ETC.

Caveat.

30.-(1) A caveat against the grant of any probate or administration may
be lodged in the Registry of the court.

(2) Subject to any rules or orders made under this Ordinance, the
practice and procedure of the court in respect of any

* As amended by No. 14 of 1933 [23.6.33].





such caveat shall, as nearly as may be, correspond with the practice and
procedure hitherto in use in respect of such caveats.

Executorship.

31. Where any person renounces probate of the will of which he is
appointed executor or one of the executors, the right of such person. in
respect of the executorship shall wholly cease, and the representation of the
testator and the administration of his estate shall, without any further
renunciation, go, devolve, and be committed in like manner as if such person
had not been appointed executor.

32. Whenever an executor appointed in a will survives the testator but
dies without having taken probate, or, having been cited to take probate,
does not appear to such citation, the right of such person in respect of the
executorship shall wholly cease, and the representation of the testator and
the administration of his estate shall go, devolve, and be committed in like
manner as if such person had not been appointed executor.

Administration.

33. Where a person dies wholly intestate as to his personal estate or .
leaving a will affecting personal estate but without having appointed an
executor thereof willing and competent to take probate, or where the
executor is, at the.time of the death of such person, resident out of the
Colony, or where it appears to the court to be necessary or convenient to
appoint some person to be the administrator of the personal estate of the
deceased person or of any part of such estate, other than the person who, if
this Ordinance had not been passed, would by law have been entitled to a
grant of administration of such personal estate, it shall be lawful for the
court, in its discretion, to appoint such person as the court thinks fit to be
such administrator, on his giving such security, if any, as may be required
under this Part or as the court may direct, and every such administration may
be limited in such manner as the court thinks fit.

341.-(1) At the expiration of twelve months from the death of any
deceased person, if the executor or executors to whom

As amended by No. 14 of 1933 123.6.331 and Law Rev. Ord., 1937.





probate of the will has been granted, or the person or persons
to whom administration has been granted, is or are residing out
of the jurisdiction of the court, it shall be lawful for the court,
on the application of any creditor, next of kin, or legatee,
grounded on an affidavit made for that purpose, to grant such
special administration as it may think fit of the estate of such
deceased person.

(2) It shall be lawful for the court, on application made
for that purpose by any person interested, to direct any shares
or stock in any joint-stock company to be transferred into the
name of the Registrar of the court, in trust for such purposes
as the court may direct, in any action in which the person to
whom such special administration has been granted is a party:
Provided, nevertheless, that if any executor or administrator of
such deceased person, being capable of acting as such, returns
to and resides within the jurisdiction of the court, the court
may, if it thinks fit, revoke such special grant: Provided, also,
that if any action is pending in any court in relation to the
estate of such deceased person, such executor or administrator
shall be entitled to be made a party thereto.

35. The costs incurred by granting any such special adminis-
tration shall be paid by such person or out of such fund as
the court may direct, and the costs incurred by proceeding in
any action against any such administrator shall be paid by
such person or out of such fund as the court in which the action
is pending may direct.

36.-(1) Where an infant is sole executor of any deceased
person, administration with the will annexed shall be granted
to the guardian of such infant, or to such other person as the
court may think fit, until such infant has attained the full age
of twenty-one years, at which period, and not before, probate
of the will shall be granted to him.

(2) The person to whom such administration is granted
shall have the same powers vested in him as an administrator
now has by virtue of,an administration granted to him durante
minore atate of the next of kin.

37. After any grant of administration, no person shall have
power to sue or prosecute any action, or otherwise to act as





executor of the deceased person, as to the personal estate com-
prised in or afected by such grant of administration, until such
administration has been recalled -or revoked.

Administration pendente lite.

38.-(1) Pending any action touching the validity of the
will of any deceased person, or for obtaining, recalling, or
revoking any probate or any grant of administration, the court
may appoint an administrator of the estate of such deceased
per~on.

(2) The administrator so appointed shall have all the rights
and powers of a general administrator, other than the right of
distributing the residue of such estate.

(3) Every such administrator shall be subject to the im-
mediate control of the court and act under its direction.

39. All the provisions of section 38 relating to grants of
administration pending action shall be deemed to apply to the
case of an appeal to His Majesty in Council from any decision
of the court.

Administration bond.

40. Every person (other than the Official Administrator) to
whom any grant of administration is committed shall, unless
the court otherwise directs, give a bond, with (if the court
requires) one or more surety or sureties, conditioned for duly
collecting, getting in, and administering the estate of the
deceased per.5on, and the bond shall be in such form as the judge
may direct.

41. Every such bond shall be in a penalty of double the
amount under which the estate of the deceased person is sworn,
unless the court in any case thinks fit to direct the same to be
reduced, in which case it shall be lawful for the court to do so;
and the court may also. direct that more bonds than one shall
he given so as to limit the liability of any surety to such amount
as the court thinks reasonable.

For power of cotat to awign bond on breach ace 20 & 21 VicL c. 77, L 83.
As amended by No. 14 of 19M 123.6.33].





Revocation of grant.

42. When any probate or administration is revoked, all pay-
ments bond fide made to any executor or administrator under
such probate or administration before the revocation thereof
shall be a legal discharge to the person making the same, and
the executor or admin ' istrator who has acted under any such
revoked probate or administration may retain and re'burse
hlimself in respect of any payments made by him which the
person to whom probate or administration is afterwards granted
might have lawfully made.

43. All persons making or permitting to be made any pay-
ment or transfer bond fide upon any probate or administration
granted in respect of the estate of any deceased person shall
be indemnified and protected in so doing, notwithstanding any
defect or other thing whatsoever affecting the validity of such
probate or administration.

44. Where, before the.revocation of any temporary adminis-
tratio n, any proceedings have been commenced in the Supreme
Court,in its original jurisdiction by or against any administrator
so appointed, the court in its probate jurisdiction may order
that a suggestion be made upon the -record of the revocation of
such administration, and of the grant of probate or adminis-
tration which has been made consequent thereupon, and that
the proceedings shall be continued in the name of the new
executor or administrator in like manner as if the proceedings
had been originally commenced by or against such new executor
or administrator, but subject to such conditions and variations,
if any, as the court may direct.

Practice.

45. The practice of the court shall, except where otherwise
provided by this Ordinance or by the rules or orders made there-
under, be, so far as the circumstances of the case will admit,
according to the practice hitherto prevailing in the same.

46. It shall be lawful for the judge to sit in chambers for
the despatch of such business of the court as can, in the opinion
of the judge, with advantage to the suitors be heard in chambers;





and the times at which such sittings shall be held shall be fixed
by the judge: Provided that no matter shall be heard in
chambers which either party requires to be heard in court.

47. The judge, when so sitting in chambers, shall have and
exercise the same power and 'Jurisdiction in respect of any
business brought before hirn as if lie were sitting in court.

48. The court shall have the same powers with regard to
the costs of any action or other proceeding as the Supreme Court
has with regard to costs in actions and other proceedings in its
original jurisdiction.

Evidente.

49.-(1) Subject to any rules or orders made under this
Ordinance, the witnesses, and where necessary the parties, in
'all contentious matters where their attendance can be had shall
be examined orally by or before the judge in court: Provided
that, subject to any such rules or orders as aforesaid, the parties
shall be at liberty to verify their respective cases, in whole or
in part, by affidavit, but so that the deponent in every such
affidavit shall, on the application of the opposite party, be
subject to be cross-examined by or on behalf of such opposite
party orally in court as aforesaid, and after such cross-examina-
tion may he re-examined orally in court-as aforesaid by or on
behalf of the party by whom such affidavit was filed.

(2) Provided that when a witness in any such ' matter is
out of the jurisdiction of the court, or when, by reason of his
illness or otherwise, the court does not think fit to enforce his
attendance in court, it shall be lawful for the court to order a
commission to issue for his examination upon interrogatories
or otherwise, or, if the witness is within the jurisdiction of the
court, to.order his examination, upon interrogatories or other-
wise, before any officer of the court o'r other person narned for
that purpose in the order.

50. An affidavit sworn out of the Colony in the inanner
mentioned in any Ordinance relating to evidence may be used
in any action or proceeding in the court.





SI. The rules of evidence observed in the Supreme Court in,
its original jurisdiction shall be applicable to and be observed
in the trial of all questions of fact in the court.

Trial of question of fact by jury.

52. On the application of any party to any. action or pro-
ceeding in court or of its own motion, it shall be lawful for
the court to cause any question of fact arising in such action or
proceeding to be tried by a special or common jury.

53.-(1) When the court orders a question of fact to be
tried bv a jury, the court may make all such rules and orders
for pro~.tiring the attendance of a special or common jury for the
trial of such question as may now be made by the Supreme
Court in its original jurisdiction,, and may also make any other
orders which to the court may seem requisite.

(2) Every such jury shall be struck, summoned, balloted
for, and called in like manner as if such jury were a jury for
the trial of any cause in the Supreme Court; and every juryman
so svrnmoned shall be entitled. to the,same rights, and subject
to the same duties and liabilities, as if he had been duly
summoned for the trial of any such cause in the Supreme Court;
and every party to any such proceeding shall be entitled to the-
same rights as to challenge and otherwise as if he-were a party
to any such cause.

(3) Generally, for all purposes of or auxiliary to the trial
of.questions of fact by a jury before the court, and in respect of
new trials thereof, and also for all purposes in relation to or
consequential upon the direction of issues, the court shall have
the same jurisdiction, powers, and authority in all respects as
belong to the Supreme Court for the like purposes.

54.-(r) When the court orders a question of fact to be
tried by a iury, the question. shall be reduced into writing in
such form as the court may direct, and at the trial the jury shall
be empanelled to try the question and a true verdict to give
thereon according to the evidence.

(2) On every such trial, the court shall have the same
jurisdiction, powers, and authority in all respects as belong to a
judge of the Supreme Court sitting in its original jurisdiction.





[ss. 55 and 56, rep. No. 14 Of 1933.]

PART IV.

RULES FOR ADMINISTRATION OF PROPERTY.

57. In the administration of the estate of every deceased
person, no debt or liability of such person shall be entitled to
any priority or preference by reason merely that the same is
secured by or arises under a bond, deed, or other instrument
under seal, or is otherwise made or constituted a specialty debt;
but all the creditors of such person, as well specialty as simple
contract, shall be treated as standing in equal degree, and be
paid accordingly out of the assets of such deceased person,
whether such assets are legal or equitable: Provided that this
Ordinance shall not prejudice or affect any lien, charge, or other
security which any creditor may hold or be entitled to for the
payment of his debt.

58.-(1) Any executor or administrator may apply by sum-
mary petition -to the court for an order limiting the time for
creditors and others to send in their claims against the estate
of the testator or intestate, and specifying what notices are to
be given of the making of such order and of the time thereby
limited; and the court may. make such order thereon as it
thinks fit.

(2) Where an executor or administrator has given, the
notices specified in any such order, he shall, at the expiration
of the time limited thereby for sending in such claims, be at
liberty to distribute the assets of the testator or intestate, or
any part thereof, amongst the parties entitled thereto, having
regard to the claims of which he has then notice, and shall
not be liable for the assets, or any part thereof, so distributed
to any person of whose claim he has not had notice at the
time of distribution of the assets or a part thereof, as the case
may be.

(3) Nothing in this section shall prejudice the right of any
creditor or claimant to follow the assets, or any part thereof,'
into the hands ef any persons who may have received the Saffic
respectively.





59. It shall be lawful for the court to, allow to any executor
or administrator, including an administrator appointed pendente
lite as aforesaid, (or to a person acting under a power of
attorney as attorney for an executor or administrator in the
matter of the scaling . of a probate or administration under Part
VI, or in the matter of the realization and administration of
an estate under a probate or administration so sealed) such
remuneration out of the estate of the deceased person as may
be just and reasonable for his pains and trouble therein:
Provided that no allowance whatever shall be made to any
executor or administrator or attdrney who neglects to pass his
accounts at such time, or to dispose of any moneys, goods,
chattels, or securities with which he is chargeable in such
manner, as, in pursuance of any rule or order or practice of
the court, may be requisite: Provided also, that no such
remuneration shall exceed 5%. on the first $1,000, 2 1/2% on the
next $4,ooo and 1 %, on the balance of the gross value of all
property of whatsoever nature administered.

60. Whenever any person who is a native of China dies
intestate leaving property within the jurisdiction of the court,
and it is necessary to obtain proof of the law of China for the
purpose of regulating the administration of the property of such
deceased person according to the law of his domicile, it shall
be lawful for the court., in its discretion, to receive in evidence
any written statement of the. law of China which is certified
by any British consular officer in China under his official seal
to have been obtained by him from an. officer of the Chinese
Government for the purposes of such administration and with
reference to the facts of the particular case under consideration,
and thereafter to act upon such written statement in such manner
as it thinks fit.

PART V.

SPECIAL AND EXCEPTED CASES.

Estates of small value..

61.-(1) Where the whole estate in the Colony of any
person dying intestate in the Colony does not exceed in value
the sum of five hundred dollars, his widow or any one or more

* As amended by No. 14 of 1933 [23.6.33].





of his children, as the case may be, (provided 5uch widow or
child or children respectively is or are resident in the Colony),
or, if such person is a widow, any one or more of her children
(provided such child or children is or are resident in the
Colony), may make application in that behalf to the Registrar
of the court, who shall fill up the usual papers required by the
court to lead to a grant of administration of the estate of the
.intestate, and shall swear or declare the applicant and attest the
execution of the administration bond required according to the
practice of the court; and he shall also in due course make out
and seal the letters of administeation of the estate of the intestate
and deliver them to.the applicant, without payment ~f any fee,
except as is provided by this section.

(2) The Registrar of the court may require such proof as
he may think sufficient to establish the identity and relationship
of the applicant.

(3) If the Registrar of the court has reason to believe that
the whole estate in the Colony of which the* intestate died
possessed exceeds in value the sum of five hundred dollars, he
shall refuse to proceed with the application until he.is satisfied
that such value does not exceed that amount.

(4) An applicant* under this section shall not be required
by any table of fees framed under this Ordinance to pay. a
greater amount of fees than the amount applicable to the case
which is mentioned in the Second Schedule.
(s) Nothing in this section shall be construed to affect any
duty for the time being payable by law on administrations.

Small sums payable by public depa7tments to
deceased persons.

62.-(1) On the death of any person to whom any sum
of money not exceeding five hundred dollars is payable by a
public department within the Colony in respect of civil pay or
allowances or annuities granted either under the authority of
Flis Majesty's Government or of the Government of the Colony,
it shall be lawful for the Treasurer, on being satisfied of the
expediency of dispensing with probate or administration, to
authorize the payment of such sum to such person or persons

As amended by No. 14 of 1933 [23.6.33].





as the Treasurer may consider entitled thereto, witho*ut requiring
the production of probate or administration.

(2) Payment of all such sums of money shall be made
under such regulations as the Treasurer may, with the approval
of the Governor, make for that purpose.

63. Any payment made tinder the provisions of section 6z
slialt be valid against all persons whatever, and all persons
acting under the said provisions shall be absolutely discharged
from all liability in respect of any moneys duly paid or applied
by them under the said provisions.

Estates of subordinate police and prisons officers.

64-(1) Any person employed in the police force, not above
the rank of sub-inspector, and any person employed in the
prisons department, not above the rank of principal warder, who
shall die whilst so employed, shall not be deemed to be within
th.e meaning of th e preceding provisions of this Ordinance.

(2) The Commissioner of Police and the Superintendent of
Prisons respectively are hereby constituted administrators of the
estates of such persons in their departments and. are required,
without any legal formality, to get in and administer the same,
and, within one month after the -death of any such person, -to
certify the same and the amount thereof to the Registrar of the
court for registration in the court, and to pay over to the
Treasurer the balance of every such estate, after payment of
all lawful claims against the, same.

(3) It shall be lawful for the Colonial Secretary, in his
discretion, on the application of ~the Commissioner of Police or
the Superintendent of Prisons, as the case may be, to sign an
order upon the Treasurer for the payment of the whole or any
part of such balance to such person or persons as may appear
to him to be entitled thereto, and the Treasurer shall comply with
such order.

Estates of Persons dying on Toyages to the Colony.

65.-(1) The following special provisions shall regulate the
administration of the estates of passengers who die at sea in

As amended by No. 14 of 193S [23.6.331t





the course of a voyage to the Colony on board of any vessel
which afterwards arrives in the Colony:-

(a) where any passenger has died on board of any vessel
in the course of a voyage to tile Colony, the master of the vessel
in which such passenger has died shall, immediately upon the
arrival of the vessel in the Colony, hand over to the Harbour
Master all the goods and effects of such passenger then on board
of such vessel

(b) thereupon the Harbour Master sh all take possession of
such goods and eflects, and-

(i) if he thinks that their value is more than one hundred
dollars he shall forthwith hand them over to the Official
Administrator, to N,,,liom lie sliall also furnish in writing all such
information as lie may have been able to obtain about the
deceased passenger and as he may consijer likely to be use'ful
for the due administration of the estate; and

( ii) if he thinks that their value is not more than one
hundred dollars, he sliall, in such manner as lie may consider
just and convenient, distribute them amongst the persons who
may appear to him, in his discretion, to be entitled thereto, or,
if he can find no such persons within one month of the time
when the goods and effects carne into his hands, then he shall
sell them and pay the proceeds of the sate into the Treasury, to
a special account to be there kept for that purpose;

(c) at any time within twelve months of the time when the
proceeds of any estate have been paid into the Treasury under
this section, any perso 1 n entitled to the said proceeds, or to any
portion t hereof, may apply to the Harbour Master for the same,
t
and, at the expiration of the said twelve months, the Harbour
Master may make application in that behalf to the Treasurer,
and the Treasurer shall pay to the Harbour Alaster the said
proceeds or a portion thereof, and the Harbour Master shall
distribute the same amongst the applicants in such manner as he
may consider just and convenient ;

(d) before distributing any estate or paying the proceeds of
any estate into the Treasury under this section, the Harbour
Master shall deduct the amount of any expenses or costs which

As axnended by No. 14 of 1933 [23.6.331.





he may have incurred in advertising or othenvise in the
administration of the same; and

(e) if no person entitled applies to the Harbour Master
under paragraph (c) within the twelve months mentioned in
that paragraph, the proceeds of the estate shall be paid over to
the general revenue; but it shall be lawful for the Governor,
within a period of six years thereafter, to direct a refund of the
same, or any portion thereof, to any person who establishes, to
his satisfaction, a legal, equitable, or moral claim thereto.

(2) Where such goods and effects have been handed over
to, or taken possession of by, the Official Administrator, he
may, after such inquiry as he may think stifficient, distribute
them, in such manner as fie may consider just and convenient,
amongst the. persons who may appear to him, in his discretion,
to be entitled thereto or if lie can find no such persons within
six months of the time when the goods and effects come into
his hands, then he shall sell them and pay the proceeds of sale
into the Treasury, to a special account to be there kept for that
purpose, or into the account of the Government at such bank
as the Treasurer may direct. -

(3) The provisions of the Unclaimed Balances Ordinance,
1929, shall apply to moneys paid into any account under this
section as they do to any balance of an intestate estate under
section ig.

(4) For the purposes of this section, 'voyage of a passenger
to the Colony ' means the voyage of a passenger which would
in the ordinary course terminate in the Colony as the port of
destination of the passenger.

(5) Every master of a vessel who refuses or neglects to
comply with the requirements of this section, shall upon
summary conviction be liable to a fine not exceeding one hundred
dollars.

PART VI.

Sealing of Probates and Letters of Administration granted
by British Courts outside the Colony.

66. In this Part-
British court in a foreign country means any British

As aniended by No. 46 of 1935 [6.12.35] and Law Rev. Ord., 1937.





court having jurisdiction out of His Majesty's dominions*
in
pursuance of an Order in Council, whether made under any Act
or otherwise;

1 ' Court of probate ' means any court or authority, by
whatever name designated, having jurisdiction in matters of
probate;

His Majesty's dominions ' includes any British pro-
tectorate or protected state and any territory in respect of which
a mandate on behalf of the League of Nations has been accepted
by His Majesty;

' Probate ' and ' Letters of administration ' include con-
firmation in Scotland, and any instruinent.having in any other
part of His Majesty's dominions the same effect which under
English law is given to probate and letters, of administration
respectively;

Estate duty ' includes any duty payable on the value of
the estate and effects for which probate or letters o f adminis-
tration is or are granted.

67. Where a court of probate in any part of His Majesty's
dominions, or a British court in a foreign country, has granted
probate or letters of administration in respect of the estate of
a deceased person, the probate or letters so-granted may, on
being produced to, and a copy thereof deposited with the
Supreme Court, be sealed with the seal of that court, and there-
upon 5hall be of the like.force and effect, and have the same
operation in the Colony as if granted by that court.

68. The court shall, before sealing a probate or letters of
administration under this Part, be satisfied-

(a) that estate duty has been paid in respect of so much,
if any, of the estate as is liable to estate duty in the Colony
and

(b) in the case of letters of administration, that security has
been given in a sum sufficient in amount to cover the property,
if any, in the Colony to which the letters of administration
relate,

As amended by No. 46 of 1935 [6.12.351.
1+ As amended by Law Rev. Ord., 1937.





and may require such evidence, if any, as it thinks fit as to the
domicile of the deceased person.

69. The court may also, if it thinks fit, on the application of
any creditor, require, before sealin , that adequate security be
given for the payment of debts due from the estate to creditors
residing in the Colony.

70. For the purposes of this Part, a duplicate of any
probate or letters of administration sealed with the seal of the
court granting the same, or a copy thereof certified as correct
by or under the authority Of the court granting the same, shall
have the sanie effect as the original.

71. The power conferred on the Chief justice by section 74
of' this Ordinance to make general rules and orders, subject to
the approval of the Legislative Council, for regulating the
procedure and practice, including fees and costs, in the ~upreme
Court on and incidental to applications for grants of probate
or letters of administration in this Colony shall apply to
applications for sealing under ' this Part, and subject to any
exceptions and modifications made by such rules and orders,
the enactments for the time being in force in relation to estate
duty (including the penal provisions thereof) shall apply as if
the person who applies for sealing under this Part were applying
for probate or letters of administration.

[ss. 72 and 73, rep. No. 46 of 1935.]

PART VII.

MISCELLANEOUS.

74. The Chief Justice may make general rules and orders,
subject to the approval of the Legislative Council, for the
following purposes:-

(a) for regulating the practice and procedure of the court,
and the several forms of petitions, orders, and other proceedings
to be used in the court;

(b) for regulating the duties of the various officers of the
court;

As amended by No. 46 of 1935 [6.12.35].





(c) for regulating the fees to be taken by the officers of the
court and to be allowed to counsel and solicitors practising
in the court, and the fees, charges, and costs to be taken and
ailowed with respect to all proceedings and all other matters in
the court;

(d) for regulating the filing, ctistodv, and inspection of
records; and

(e) generally for the better carrying out of the provisions of
this Ordinance.

75. Until such rules and orders have been made as afore-
said, the court may direct, either generally or in anv particular
case, that the rules and orders in relation to matters of probate
and administration in the Probate Division of the High Court
of justice in England or any part thereof, and the forms of
proceedings in use therein or any of them, with such modifica-
tions as the circumstances ma.v require, shall be followed and
adopted in the court.

76. An official copy of the whole or any part of a will, or
an official certificate of the grant of any administration, may be
obtained from the Registry of the court on the payment of such
fees as may be fixed for the same by the rules and orders made
under this Ordinance.

77. All administrations granted to any Official Adminis-
trator shall be deemed to have been made to the Official
Administrator for the time being and to his successors in office.

* As amended by Law Rev. Ord., 1937.

FIRST SCHEDULE.

FORm OF RETURN OF ESTATES OF INTESTATES.
Return of estates of intestates for the half-year ending

Amount Deductions Balance on Disposal
Name ofreceived on for dis- closing of
intestate.account of bursements. account. balance.
estate.

(Signed) A.B., Official Administrator.
Dated the day of 19

SECOND SCHEDULE.

FEES PAYABLE IN RESPECT OF SMALL ESTATES.
Where the whole estate of the intestate does not exceed in value
$100, the sum of $1; and where the whole estate exceeds in value
$100, the sum of $1, and the further suin of 20 cents for every $50
or fraction of $50 by which the value exceeds $100.
[Originally no. 3 of 1897. No. 18 of 1929. No. 21 of 1930. No. 14 of 1933. No. 46 of 1935. Law Rev. Ord., 1937.] Short title. Interpretation. Ordinance No. 3 of 1932. General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. Power of altering probate, etc., already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. c. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. No. 21 of 1934, s. 15(2).] Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $259. [cf. No. 5 of 1929, s. 4.] Cases in which Official Administrator is entitled to administration. Saving as to estates of certain persons. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. [8.3.29.] Keeping of books of account. Copies of documents and account. Half-yearly returns. First Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C. 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. C. 77, s. 73. Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pend- ing administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendente lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. C. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for 20 & 21 Vict. c. 77, s. 29. Sittings in chambers 21 & 22 Vict. c. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. Use of affidavit sworn out of the colony. [cf. No. 2 of 1889.] Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. C. 77, s. 36. [cf. No. 6 of 1887.] Form of question of fact to be tried, etc. 20 & 21 Vict. c. 77, s. 37. [23.6.33.] Specialty ad simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s. 62. Summary administration of estates of subordinate police and prisons officers. Administration of estate of passenger dying on voyage to the Colony. Ordinance No. 5 of 1929, s. 4. Interpretation. Sealing of probates and letters of administration granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 (5). [cf. No. 3 of 1932, s. 2.] [6.12.35.] General rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict. c. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administration granted to Official Administrator.

[Originally no. 3 of 1897. No. 18 of 1929. No. 21 of 1930. No. 14 of 1933. No. 46 of 1935. Law Rev. Ord., 1937.] Short title. Interpretation. Ordinance No. 3 of 1932. General jurisdiction of the court in matters of probate and administration. 20 & 21 Vict. C. 77, s. 4. 20 & 21 Vict. C. 77, s. 23. Power of altering probate, etc., already granted. Prohibition of officer of the court practising. Sealing of documents. 20 & 21 Vict. C. 77, s. 22. Powers as to requiring attendance of and examining parties and witnesses. 20 & 21 Vict. C. 77, s. 24. General powers of enforcing process. 20 & 21 Vict. c. 77, s. 25. Power of ordering production of testamentary writings. 20 & 21 Vict. C. 77, s. 26. Administration of oaths, etc. 20 & 21 Vict. C. 77, s. 27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant. Estates of citizens of U.S.A. [cf. No. 21 of 1934, s. 15(2).] Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s. 14. Person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Summary administration of intestates' estates not exceeding $259. [cf. No. 5 of 1929, s. 4.] Cases in which Official Administrator is entitled to administration. Saving as to estates of certain persons. Power of limiting grant. Period for closing administration of estate. Commission on moneys received. [8.3.29.] Keeping of books of account. Copies of documents and account. Half-yearly returns. First Schedule. Redress against action of Official Administrator. Practice as to caveat against grant. 20 & 21 Vict. C. 77, s. 53. Effect of executor renouncing probate. 20 & 21 Vict. C. 77, s. 79. Effect of executor not taking probate. 21 & 22 Vict. C. 95, s. 16. Appointment of administrator of intestate's estate. 20 & 21 Vict. C. 77, s. 73. Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3, c. 87, s. 6. 38 Geo. 3, c. 87, s. 7. Prohibition of executor acting pend- ing administration. 20 & 21 Vict. C. 77, s. 75. Appointment of administrator pendente lite. 20 & 21 Vict. C. 77, s. 70. Administration pending appeal. Bond to be given by administrator. 20 & 21 Vict. C. 77, s. 81. Amount of bond. 20 & 21 Vict. C. 77, s. 82. Validation of payments made under probate or administration subsequently revoked. 20 & 21 Vict. C. 77, s. 77. Validation of payments made under defective probate or administration. 20 & 21 Vict. C. 77, s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. 20 & 21 Vict. c. 77, s. 76. Practice in matters not provided for 20 & 21 Vict. c. 77, s. 29. Sittings in chambers 21 & 22 Vict. c. 95, s. 3. Powers of judge sitting in chambers. Powers of the court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict. C. 77, s. 31. Use of affidavit sworn out of the colony. [cf. No. 2 of 1889.] Rules of evidence. 20 & 21 Vict. C. 77, s. 33. Power to order question of fact to be tried by jury. 20 & 21 Vict. C. 77, s. 35. Procedure and powers on trial of question of fact by jury. 20 & 21 Vict. C. 77, s. 36. [cf. No. 6 of 1887.] Form of question of fact to be tried, etc. 20 & 21 Vict. c. 77, s. 37. [23.6.33.] Specialty ad simple contract debts to stand in equal degree. 32 & 33 Vict. C. 46, s. 1. Power to the court to make an order limiting time for creditors to send in claims against estate. 22 & 23 Vict. C. 35, s. 29. Allowance of remuneration to executor, administrator or attorney. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s. 62. Summary administration of estates of subordinate police and prisons officers. Administration of estate of passenger dying on voyage to the Colony. Ordinance No. 5 of 1929, s. 4. Interpretation. Sealing of probates and letters of administration granted by British courts outside the Colony. Conditions to be fulfilled before sealing. Security for payment of debts. Duplicate or copy admissible. Rules as to practice under this Part. 55 & 56 Vict. C. 6, s. 2 (5). [cf. No. 3 of 1932, s. 2.] [6.12.35.] General rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict. c. 77, s. 30. Application of rules and orders of Probate Division of High Court in England. Copy of will, etc. 20 & 21 Vict. C. 77, s. 69. Continuance to successors in office of administration granted to Official Administrator.

https://oelawhk.lib.hku.hk/items/show/1458

PARTNERSHIP ORDINANCE, 1897

1.897.

No. 1 of 1897.

An Ordindnce to codify the law relating to partnership.

[15th May, 1897.]

Nature of partnership.'

1.-(1) Partnership is the relation which subsists between persons
carrying on a business in common with a view of profit.

(2) But the relation between members of any company or association
which is

(a) registered as a company under any Ordinance relating to the
registration of joint-stock companies; or

(b) formed. or incorporated by or in pursuance of any other Ordinance,
or any Act of Parliament, or letters patent, or Royal Charter,

is not a partnership within the meaning of this Ordinance.

2. In determining whether a partnership -does or does not exist, regard
shall be had to the following rules:

(1) joint tenancy, tenancy in common, joint property, common property,
or part ownership does not of itself create a partnership as to anything so
held or owned, whether the tenants or owners do or do not share any
profits made by the use thereof;

(2) the sharing of gross returns does not of itself create a partnership,
whether the persons sharing such returns have or have not a joint or
common right or interest in any property from which or from the use of
which the returns are derived;

(3) the receipt by a person of a share of the profits of a business is
prima facie evidence that he is a partner in the business, but the receipt
of such a share, or of a payment

The numbering of the sections in this Ordinance, except s. 47, corresponds
with that of the sections in the Partnership Act, 1890. The short title is
in s. 47.





contingent. on, or varying.with the profits of a business, does
not of itself make him a partner in the business; and in
particular-

(a) - the,.,re,ceipt by a person of a debt. or other liquidated
amount, by instalments or otherwise,: out of the accruing profits
of a business does not of itself make him a partner in the business
or liable as such;

(b) a contract for the remuneration of a ' servant or agent of
a person engaged in a business by a share of the profits of the
business does not. of itself make the, servant or agent a partner
in the business or liable as such

(c) a person being the widow or child of a deceased partner,
and receiv ' ing by way of annuity.a portion of the profits made
in the business in which t he deceased person. was a partner, is
not, by reason only. of such, receipt, a partner, in the business
or liable as such;

(d) the advance of money by way of loan to a person
engaged or about to engage in any business on a contract with
that person that the lender shall receive a rate of interest varying
with.the profits, or shall receive a share of the profits arising
frorn,carrying on the business, does not of itself make the lender
a partner wi ' th the person or persons carrying on the business
or liable as such: Provided that the contract is in writing and
signed by or on behalf of all the parties thereto; and

(c) a person. receiving, by way of annuity or otherwise, a
portion of the profits of a business in consideration of the sale
by him of the goodwill of the business is not, by reason only
of such receipt, a partner in the business or liable as such.

3 In the event of any person to whom money has been
advanced by way of loan upon such a contract as is mentioned
in section 2, or of any buyer of a goodwill in consideration
of a share of the profits of the. business, being adjudged a
bankrupt, entering into arr arrangement to pay his creditors
less than-twenty shillings in the pound, ar dying in insolvent
circumstances, the lender of the loan shall not be entitled to
recover anything in respe i ct of his loan, and the seller of the
goodwill shall not be entitled to recover anything in respect of
the share of profits contracted for, until the claims. of other





creditors of the borrower or buyer for valuable consideration in
money or money's worth have been,satisfied.

4. Persons who have entered into partnership with one an-
other are, for the purposes of this Orainance,, called collectively
a firm, and the name under which their business is carried on
is called the firm-name.

Relations of pariners to persons dealing with them.

5. Every. partner is an agent of the firm and his other part-
ners for the purpose of the^business of the partnership; and the
acts of every partner who does any act for carrying on in the
usual way business of the kind carried on by the firm of which
he is a member bind the firm anj his partners, unless the
partner so acting has in fact no authority to act for the firm in
the particular rnatteri and the person with whom he is dealing
either knows that he has no authority or does not know or
believe him to be a partner.

6. An act or instrument relating to the business of the firm
and done or executed in the firm-name, or in any other manner
showing an intention to bind the firm, by any person thereto
authorized, whether a partner or not, is binding on the firm
and all the partners. Provided that this section shall not affect
any general rule of law relating to the execution of deeds or
negotiable instruments.

7. Where one partner pledges the credit of the firm for a
purpose apparently not connected with the firm's ordinary
course Pf' business, the firm is not bound, unless he is in fact
specially authorized by the other partners; but this section does
not affect any personal liability incurred by an individual
partner.

8. If it has been agreed between the partners that any
restriction shall be placed on the power of any one or more-
of them to bind the firm, no act done in contravention of the
agreement is binding*on the firni with respect to persons having
notice of the agreement.

9. Every partner in a firm is liable jointly with the other.
partners for all debts and obligations of the firm incurred while





he is a partner; and after his death his estate is also sever 1 ally
liable in a due course of administration for such debts and
obligations, so far as they remain unsatisfied but subject to the,
prior payment of his separate debts.

10. Where, by any wrongful.act or omission of any partner
acting in the ordinary course of the business of the firm or with
the authority of his co~-partners, loss or injury is caused to any.
person not being a partner in the firm, or any penalty is incurred,
the firm is liable therefor to the same extent as' the partner so
acting or omitting to act.

In the following cases, namely-

(i) where one partner, acting within the scope of his
apparent authority, receives the money or property of a third
person and*misapplies it; and

(2) where a firm in the course of its business receives the
money or property of a third person, and the money or property
so received is misapplied by one or more of the partners while
it is in the custody of the firm;

the firm is liable to make good the loss.

12. Every partner is liab le jointly with his co-partners and
also. severally for everything for, which the firm while he is a
partner therein becomes liable under section io or section ii.

13. If a.partner, being a trustee, improperly employs trust
property. in the business or on the account of the partnership,
no other partner is liable for the trust property to the persons
beneficially interested therein: Provided as follows:-

(1) this section sh all not affect any liability incurred by
any partner by reason of his having notice of a breach of trust;
and

(2) nothing in this section shall prevent *trust money from
being followed and recovered from the firm, if still in its
possession or under its control.

14.-(1) Every one who, by words spoken or written or by
conduct, represents himself, or who knowingly suffers himself
to be represented, as a partner in. a particular firm is liable as
a partner to any one who has, on the faith of any such repre-





sentation, given credit to the firm, whether the representation
has or has not been made or communicated to the person so
giving credit by or with the knowledge of the apparent partner
making the representation or suffering it to be rnade.

(2) Provided that where, after a partner's death, the part-
nership business is continued in the old firm-name, the continued
use of that name or of the deceased partner's name,as part
thereof shall not of itself make his executors or administrators,
estate or effects, liable for any partnership debts contracted after
his death.

15. An admission or representation made by any partner
concerning the partnership affairs, and in the ordinary course
of its business, is evidence against the firm.

16. Notice to any partner who habitually acts in the part-
nership business of any matter relating to partnership affairs
operates as notice to the firm, except in the case of a fraud on
the firm committed by or with the consent of that partner.

17.-(1) A person who is admitted as a partner into an
existing firm does not thereby become liable to the creditors of
the firm.for anything done before he became a partner.

(2) A partner who retires from a firm does not thereby
cease to be liable for partnership debts or obligations incurred
before his retirement.

(3) A retiring partner may he discharged from any existing
liabilities by an agreement to that effect between hirnself and
the members of the firm.as newly *constituted and the creditors,
and this agreement may be either express 'or inferred as a fact
from the course of dealing between the creditors and the firm
as newiv constituted.

18. A continuing guarantee given either- to a firm or to a
third person in respect of the transactions of a firm is, in the
absence of agreement to the contrary, revoked as to future
transactions by any change in the constitution of the firm to.
which, or of the firm in respect of the transactions of which, the
guarantee was given.





Relations of Partners to one,.another.

19. The mutual rights and duties of partners, whether ascer-
tained by agreement or defined by this Ordinance, may. be
varied by the consent of all the partners, and such consent may
be either express or inferred from a course of dealing.

20.-(1) All property and rights and interests in property
originally brought into the partnership stock or acquired,
whether by purchase or otherwise, on account of the firm, or
for the purposes and in the course of the partnership business,
are called in this Ordinance partnership property, and must be
held and applied by the partners exclusively for the purposes
of the partnership and in accordance with the partnership
agreement.

(2) Provided that the legal estate or interest in any land
which belongs to the partnership shall devolve according to the
nature and tenure thereof and the general rules of law applicable
thereto, but in trust, so far as necessary, for the persons
beneficially interested in the land under this section.

(3) Where co-owners of an estate or interest in any land,
not being itself partnership property, are partners as to profits
made by the use of that land, and purchase other land out of
the profits to be used in like manner, -the land so purchased
belongs to them, in the absence of any agreement to the
.contrary, not as partners, but as co-owners for the same
respective estates and interests as are held by them in the land
first mentioned at the date of the purchase.

21. Unless the contrary intention appears, property bought
with rnoney belonging to the firm is deemed to have been
bought on account of the firm.

22. Where land or any interest therein has become part-
nership property, it shall, unless the contrary intention appears,
be treated, as between , the partners (including the repre-
sentatives of a deceased partner), and also as between the heirs
of a deceased partner and his executors or administrators, as
personal and not real estate.

23.-(1) A writ of execution shall not issue against any
partnership property except on a judgment against the firm.





(2) The court or a judge may, on the application by
summons of any judgment creditor of a partner, make an order
charging that partner's interest in the partnership property and
profits with payment of the amount of the judgment debt and
interest thereon, and may, by the same or a subsequent order,.
appoint a receiver of that partner's share of profits (whether
already declared or accruing), and of any other money which
may be coming to him in respect of the partnership, and direct
all accounts and inquiries, and give all other orders and
directions, which might have been directed or given if the
charge had been made in favour of the judgment creditor by
the partner, or which the circumstances of the case m.ay require.

.(3) The other partner or partners shall be at liberty at any
time to redeem the interest charged, or, in case of a sale being
directed, to purchase the same.

(4) This section shall apply in the case of a cost-book com-
pany as if the company were a partnership within the meaning
of this Ordinance.

24. The interests of partners in the partnership property,
and their rights and duties in relation to the partnership, shall
be determined, subject to any agreement, express or implied,
between the partners, by the following rules:-

(i) 'all the partners are entitl,ed to share equally in the
capital and profits of the business, and must contribute equally
towards the losses, -~sliether of capital or otherwise, sustained
by the firm;

(2) the firm must indemnify every partner in respect of
payments made and personal liabilities incurred by him-

(a) in the ordinary and proper conduct of the business of
the firin ; or

(b) in or about anything necessarily done for the preser-
vation of the business or property of t~e firm;

(,i) a partner mAing, for the purposes of the partnership,
any actual payment or advance beyond the amount of capital
which he has agreed to subscribe, is entitled to interest at the
rate of eight per cent. per annum from the date of the payment
or advance;





. (4) a partner is not entitled, before the ascertainment of
profits, to interest on the capital subscribed by him;

(5). every partner . may take part in the management of the
partnership business;

(6) no partner shall be entitled to remuneration for acting
in the partnership business;

(7) no person may be introduced as a partner without the
consent of aWexisting partners;

.(8) any difference arising as to ordinary matters connected
with the partnership business may be decided by a majority of
the partners, but no change may be made in the nature of
the partnership business without the consent of all existing
partners ; and

(9) the partnership books are to be kept at the place of
business of the partnership (or the principal place, if there are
more places than one), and every partner may, when he thinks
fit, have access to and inspect and copy any of them.

25. No majority of the-partners can expel any partner,
unless a power to do so has been conferred by express agreement
between the partners.

26.-(1) Where no fixed term has been agreed upon for-the
duration of the partnership, any partner may determine the
partnership at any time on giving notice of his intention to do
so to all the other partners.

(2) Where the partnership has originally been constituted
by d eed, a notice in writing, signed by the partner giving it,
shall be sufficient for this purpose.

27.-(1) Where a partnership entered into for a fixed term
is continued after the term has expired, and without any express
new agreement, the rights and duties of the partners remain the
same as they were at the expiration of the term, so far as
Consistent with the incidents of a partnership at will.

(2) A continuance of the business by the partners or such
of them as habitually acted therein during the term, without any
.settlement or liquidation of the partnership affairs, is presumed
to he a continuance of the partnership.





28. Partners are bound to render true acco unts and full
information of all things all~cting the partnership to any partner
or his legal representatives.

29.-(1) Every partner must account to the firm for any
benefit derived by him, without the consent of the other partners,
from any transaction concerning the partnership or from any
use by him of the partnership property, name, or business
connexion.

(2) This section applies also to transactions undertaken
after a partnership has been dissolved by the death of a partner,
and before the affairs thereof have been completely wound up,
either by any surviving partner or by the representatives of the
deceased partner.

30. If a partner, without the consent of the other partners,
carries on any business of the same nature as and competing
with that of the firm, he must account for and pay over to the
firm all profits made by him in that business.

W.-(i) An assignment by ariv partner of his share in the
partnership, either absolute or by way of mortgage or redeemable
charge, does not, as against the other partners, entitle the
assignee, during the.continuance of the partnership, to interfere
in the management or administration of the partnership business
or aflairs, or to require any accounts of the partnership trans-
actions, or to inspect the partnership books, but entitles the
as~ignee only to recei-~e the share of the profits to which the
assigning partner would otherwise be entitled, and the assignee
must accept the account of profits agreed to by the partners.

(2) In the case of a dissolution of the partnership, whether
as respects all the partners or as respects the assigning partner,
the assignee is entitled to receive the share of the partnership
assets to which the assigning partner is entitled as between
himself and the other partners, and, for ithe purpose of ascertain-
ing that share, to an account as from the date of the dissolution.

Dissolution of paitnetship and its consequences.

32.-(1) Subject to any agreement between the partners, a
partnership is dissolved- ,





(a) if entered into for a fixed term, by. the expiration of that
term; or
(b) if entered into for a single adventure or undertaking, by
the termination of that adventure or undertaking; or
(c) if entered into for an undefined time, by any partner
giving notice to the other or others of his intention to dissolve
the partnership.
(2) In the last-mentioned case the partnership is dissolved
as from the date mentioned in the notice as the date of dis-
solution, or, if no date is so mentioned, as from the date of the
communication of the notice.

. 33.-(1) Subject to any agreement between the partners,
every partnership is dissolved as regards all the partners by the
death or bankruptcy of any partner.

(2) A partnership may, at the option of the other partners,
be dissolved if any partner suffers his share of the partnership
property to be charged under this Ordinance for his separate
debt.

34. A partnership is in every-case dissolved by the happen-
ing of any event which makes it unlawful for the business of the
firm to be carried on or for the members of the firm to carry
it on in partnership.

35. On application by a partner, the court may decree a
dissolution of the partnership in any of the following cases:-

(i) when a partner is found lunatic by inquisition, or is
shown, to the satisfaction of the court, to be of permanently
unsoundmind, in either of whi~h cases the application may be
made as well on behalf of that partner by his committee, or
next friend, or person having title to intervene as by any other
partner;

(2) when a partner, other than the partner suing, becom~.5
in any other way permanently incapable of performing his part
of the partnership contract;

. (3) when a partner, other than the partner suing, has been
guilty of such conduct as, in the. opinion of the court, regard
being had to the nature of the business, is calculated to affect
prejudicially. the carrying on of the business;





e -than the partner suing, wilfully
(4) when a partner, oth' r;
or persistently commits a breach of the partnership agreement
or otherwise so conducts. himself in matters relating to the
partnership business that it is not reasonably practicable for the
other partner or partners to carry on the business in partnership
with him;

when the business of the partnership can only be carried
on at a loss; and

(6) whenever in any case circumstances have arisen which,
in the opinion of the court, render it just and equitable that
the partnership be dissolved.

36.-(1) Where a person deals. with a firm after a change
in its constitution, he is entitled to treat all apparent members
of the old firm as still being members of the firm until he has
notice of the change.

(2) An advertisement in the Gazette as to a firin whose
principal place of business is in the Colony shall be notice as
to persons who had not dealings with the firm before the date
of the dissolution, or change so advertised.

(3) The estate of a partner who dies, or who becomes
bankrupt, or of a partner who, not having been known to the
person dealing with the firm to be a partner, retires from the
firm, is not liable for partnership debts contracted after the date
of the death, bankruptcy, or retirement respectively.

37. On the dissolution of a partnership or retirement of a
partner, any partner may publicly notify the same, and may
require the other partner or partners to concur for that purpose
in all necessary or proper acts, if any, which cannot be done
without his or their concurrence.

38. After the dissolution of a partnership, the authority
of each partner to bind the firm, and the other rights and
obligations of the partners, continue, not-,vitti~tanding the
dissolution so far as may be, necessary. to wind up the aff, ir
of the partnership, and to complete transactions begun but
unfinished at the time of the dissolution, but not otherwise:
Provided that the firm is in no case bound by the acts of a
partner who has become bankrupt; but this proviso does not





affect the liability of any person who has, after the bankruptcy,
represented himself or knowingly suffered himself to be repre-
sented'as a partner of the bankrupt.

39.. On the dissolution of a partnership, every partner is
entitled, as against the other partners in the firm and all persons
claiming through them in respect of their interests as partners,
to have the property of the partnership applied in payment of
the debts and liabilities of the firm, and to have the surplus
assets after such payment applied in payment of what may be
due to the partners respectively, after deducting what may be
due from them as partners to the firm; and for that purpose
any partner or his representatives may, on the termination of
the partnership, apply to the court to wind up the business and
affairs of the firm.

40. Where one partner has paid a premium to another on
entering into a partnership for a fixed term, and the partnership
is dissolved before the expiration of that term otherwise than by
the death of a partner, the court may order:the repayment of
the premium, or of such part thereof as it thinks just, having
regard to the terms of the partnership contract and to the
length of time during which the partnership has continued;
unless-

(1) the dissolution is, in the judgment of the court, wholly
or chiefly due to the misconduct of the partner who paid the
premium; or

(2 ) the partnership has been dissolved by an agreement
containing no provision for a return of any part of the premium.

41. Where a partnership contract is rescinded on the ground
of the fraud or misrepresentation of one of the parties thereto,
the party entitled to rescind is, without prejudice to any other
right, entitled-
( i ) to a lien on, or right of retention of, the surplus of the-
partnership assets, after satisfying the partnership liabilities. for
any sum of money paid by him for the purchase of a share in
the partnership and for any capital contributed by him, and is

(2) to stand in the place of the creditors of the firm for any
payments made by him in respect of the partnership liabilities,
and





(3) to be iodemnified by the person guilty of the fraud or
making the. representation against all the debts and liabilities
of the firm.

42.-(1). Where any member of a f~rm has died or otherwise
ceased to be a partner, and the surviving or continuing partners
carry on the business of the firm with its capital or assets without
any final settlement of accounts as between the firm and the
outgoing partner or his estate, then, in the absence of any
agree ment to the contrary, the outgoing partner or his estate is
entitled, at the option. of himself or his representatives, to,such
share of the profits made since the dissolution as the court may
find to be attributable to the use of his share of the partnership
assets, or to interest at -the rate of eight per cent. per annum on
the amount of his share of the partnership assets.

(2) Provided that where, by the partnership contract, an
option is given to surviving or contiquing partners to purchase.
the interest of a deceased or outgoing partner, and that option
is duly exercised, the estate of the deceased partner or. the
outgoing partner or his estate, as the case may be, is not entitled
to any further or other share of profits; but if any partner
assuming to act in exercise of the option does not in all material
respects comply with the terms thereof, he is liable to account
under the preceding provisions of this section.

.43. Subject to any agreement between the p artners, the
amount due from surviving or continuing partn~rs to an put-
going partner or the representatives of a deceased partner in
respect of . the outgoing or deceased partner's share is a debt
accruing at the date of the dissolution or death.

44. In settling accounts between'the partners.after a dissolu.-
tion of partnership, the following rules shall, stibiect to any
agreement, be observed:-

(i) losses, including losses and deficiencies of capital, shall
be paid first out of profits, next out of capital, and lastly, if
necessary, by the partners individually in the proportion in which
they were entitled to share profits; and

(2) the assets of the firm, including the sums, if anY,;
contributed by the partners to make up losses or deficiencies Of
capital, shall be applied in the following manner and order:-
(a) in paying the debts and liabilities of the firm to persons
who are not partners therein ;

(b) in paying to each partner rateably what is due from the
firm to him for advances as distinguished from capital;

(c) in paying to each partner rateably what is due from the
firm to him in respect of capital; and

(d) the ultimate residue, if any, shall be divided among the
partners in the proportion in which profits are divisible.

45. In this Ordinance,

(a) ' Business ' includes every trade, occupation, or pro-
fession

(b) ' The court ' includes every court and judge having
jurisdiction in the case.

46. The rules of equity and of common law applicable to
partnership shall continue in force, except so far as they are
inconsistent With the express provisions of this Ordinance.

47. This Ordinance may he cited as the Partnership Ordin-
ance, 1897.
[Originally No. 2 of 1897.] 53 & 54 Vict. C. 39. Definition of partnership. Rules for determining existence of partnership. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency. Meaning of firm and firm-name. Power of partner to bind firm. Partners bound by acts on behalf of firm. Partner using credit of firm for private purposes. Effect of notice that firm will not be bound by acts of partner. Liability of partners. Liability of firm for wrongs. Misapplication of money or property received for or in custody of firm. Liability for wrongs joint and several. Improper employment of trust property for partnership purposes. Persons liable by 'holding out'. Admissions and representations of partner. Notice to acting partner to be notice to firm. Liabilities of incoming and outgoing partners. Revocation of continuing guarantee by change in firm. Variation by consent of terms of partnership. Partnership property. Property bought with partnership money. Conversion into personal estate of land held as partnership property. Procedure against partnership property for partner's separate judgment debt. Rules as to interests and duties, of partners, subject to special agreement. Expulsion of partner. Retirement from partnership at will. Where partnership for term is continued over, continuance on old terms presumed. Duty of partners to render accounts, etc. Accountability of partners for private profits. Duty of partner not to complete with firm. Rights of assignee of share in partnership. Dissolution by expiration or notices. Dissolution by bankruptcy, death, or charge. Dissolution by illegality of partnership. Dissolution by the court. Rights of persons dealing with firm against apparent members of firm. Right of partner to notify dissolution. Continuing authority of partners for purposes of winding-up. Rights of partners as to application of partnership property. Apportionment of premium where partnership prematurely dissolved. Rights where partnership dissolved for fraud or misrepresentation. Rights of outgoing partner in certain cases to share profits made after dissolution. Retiring or deceased partner's share to be a debt. Rules for distribution of assets on final settlement of accounts. Interpretation. Saving for rules of equity and of common law. Short title.

[Originally No. 2 of 1897.] 53 & 54 Vict. C. 39. Definition of partnership. Rules for determining existence of partnership. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency. Meaning of firm and firm-name. Power of partner to bind firm. Partners bound by acts on behalf of firm. Partner using credit of firm for private purposes. Effect of notice that firm will not be bound by acts of partner. Liability of partners. Liability of firm for wrongs. Misapplication of money or property received for or in custody of firm. Liability for wrongs joint and several. Improper employment of trust property for partnership purposes. Persons liable by 'holding out'. Admissions and representations of partner. Notice to acting partner to be notice to firm. Liabilities of incoming and outgoing partners. Revocation of continuing guarantee by change in firm. Variation by consent of terms of partnership. Partnership property. Property bought with partnership money. Conversion into personal estate of land held as partnership property. Procedure against partnership property for partner's separate judgment debt. Rules as to interests and duties, of partners, subject to special agreement. Expulsion of partner. Retirement from partnership at will. Where partnership for term is continued over, continuance on old terms presumed. Duty of partners to render accounts, etc. Accountability of partners for private profits. Duty of partner not to complete with firm. Rights of assignee of share in partnership. Dissolution by expiration or notices. Dissolution by bankruptcy, death, or charge. Dissolution by illegality of partnership. Dissolution by the court. Rights of persons dealing with firm against apparent members of firm. Right of partner to notify dissolution. Continuing authority of partners for purposes of winding-up. Rights of partners as to application of partnership property. Apportionment of premium where partnership prematurely dissolved. Rights where partnership dissolved for fraud or misrepresentation. Rights of outgoing partner in certain cases to share profits made after dissolution. Retiring or deceased partner's share to be a debt. Rules for distribution of assets on final settlement of accounts. Interpretation. Saving for rules of equity and of common law. Short title.

https://oelawhk.lib.hku.hk/items/show/1457

SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

No. 6 of 1896.

An Ordinance to 7egulate the Admiralty procedwre of the
Supreme Court.
[1st September, 1896.]

This Ordinance may be cited as the Supreme Court
(Admiralty Procedure) Ordinance, 1896.

2. The Rules contained in the Schedule shall apply to all
actions commenced in the Admiralty jurisdiction of the Supreme
Court.

As amended by No. 34 of 1931 [1.1.32].





SCHEDULE. 2.]

HONG KONG.
RULES OF PROCEDURE FOR THE

ADMIRALTY JURISDICTION OF THE SUPREME COURT.

1. In these rules-
(a) ---Action --- means any action, cause, suit, or other proceed-
ine instituted in the court;
(b) ---The court--- means the Supreme Court of Hong Kong and
includes any jud-e thereof, whether sitting in court or in cliarnbers;
0 c
(c) ---Defendant---includes the defendant's solicitor, if he appears
by a solicitor;
(d) ---Party--- includes the party's solicitor, if he sues or appears
by a solicitor;
(e) ---Plaintiff ' includes the plaintiff's solicitor, if lie sues by a
solicitor;
The llec,,istrar--- means the Registrar of the court;
0 n
The Refistry---means the Registry of the court;
0 0
(h) Ship ' includes every description of vessel used in naviga-
tion not propelled by oars only.

Actions.

2. Actions shall be of two kinds, actions in rent and actions
in personam.

3. Actions for condemnation of any ship, boat, cargo, proceeds,
or effects, or for recovery of any pecuniary forfeiture or penalty,
shall be instituted in the name of the Crown.

4. All actions shall be numbered in the order in which they -are
instituted, and the number given to any action * shall be the dis-
tinguishing number of the action, and shall be written or printed on
all documents in the action as part of the title thereof.

Writ of summons.

5. Every action shall be commenced by a writ of summons,
which, before being issued, shall be indorsed with a statement of
the nature of the claim, and of the relief or remedy required, and
of the amount claimed, if any. Such writ shall be tested in the

As amended by Law Rev. Ord., 1937.





name of the Chief Justice and shall bear date the day whereon the
same is issued.

6. In an action for peaman's or master's wages, or for master's
wages and disbursements, or for necessaries, or for bottomry, or in
any action in which the plaintiff desires an account, the indorsement
on the writ of summons may include a claim to have ail account
taken.

7. The writ of summons shall be indorsed with the name and
address of the piaintiff, and with an address within the Colony, to be
called an address for service, not more than three miles from the
Registry, at which it shall be sufficient to leave all documents re-
quired to be served upon him.

8. The writ of suninions shall be prepared and indorsed by the
plaintiff, and shall be issued under the seal of the court, and a copy
of tile writ and of all the indorsements thereon, signed by the plain-
tiff, shall be left in the Registry at the time of sealing the writ.
0

9. The court may allow the plaintiff to amend the writ of
summons and the indorsements thereon in such manner and on such
terms as to the court may seem fit.

Service of writ of 8ummons.

10. In an action in rem the writ of summons shall be served-

(1) upon ship, or upon cargo, freight, or other property, if, ' the
cargo or other property is on board a ship, by attaching the writ for
a short time to the mainmast or the single mast, or to some other
conspicuous part of the ship, and by leaving a copy of the writ
attached thereto;

(2) upon cargo, freight, or other property, if the cargo or other
property is not on board a ship, by attaching the writ for a short
time to such cargo or property, and by leaving a copy of the writ
attached thereto;

(3) upon freight in the hands of any person, by showing the writ
to him and by leaving with him a copy of the writ; and

(4) upon proceeds in court, by showing the writ to the Registrar
and by leaving with him a copy of the writ.

11. If access cannot be obtained to the property upon which
the writ is to be served, it may be served by showing it to any
person appearing to be in charge Of such property, and by leaving
with him a copy of the writ.

As amended by Law Rev. Ord., 1937.





12. In an action in personam, the writ of summons shall be
served by showing it to the defendant, and by leaving with him
a copy of the writ.

13. A writ of summons against a firm may be served upon any
member of the firm or upon any person appearing at the time of
service to have the. management of the business of the firm.

14. A writ of summons against a corporation or a public com-
pany may be served in the mode provided by law for service of any
other writ or legal process upon such corporation or company-.

15. If the person to be served is under disability, or iffor any
cause personal service cannot, or cannot promptly, be effected, or
if in any action, whether in rem or in personam, there is any doubt
or difficulty as to the person to be served or as to the mode of
service, the court may. order upon whom or in what manner service
is to be made, or may order notice to be given in lieu of service.

16. The writ of summons, whether in rem or in personam, may
be served by the plaintiff or his agent within six months from the
date thereof, and shall, after service, be filed with a certificate of
service indorsed. thereon.

17. The certificate shall state the date,and mode of service and
shall be signed by the person who served the writ.

Appearance.

18. A party appearing to a writ of summons- shall file an appear-
ance at the place directed in the writ.

19. A party not appearing within the time limited by the writ
may, by consent of the other parties or by permission of the court,
appear at any time, on such terms as the court may order.

20. If the party appearing has a set-off or counterclaim against
the plaintiff, he may indorse on his appearance a statement of the
nature thereof, and of the relief or remedy required, and of the
amount, if any, of the set-off or counterclaim. But if, in the
opinion of the court, such set-off or counterclaim cannot be con-
veniently disposed of in the action, the court may order it to be
struck out.

21. The appearance shall be signed by the party appearing, and
shall state his name and address, and an address within the Colony,
to be called an address for service, not more than three miles from
the Registry, at which it shall be sufficieDt to leave all documents
required to be servedupon him.

As amended by Law Rev. Ord., 1937.





Parties.

22. Any number of persons having interests of the same nature
arising out of the samp matter may be joined in the same action,
whether as plaintiffs or as defendants.

23. The court may prder any person who is interested in the
action, though not named in the writ of summons, to come in either
as plaintiff or as defendant.

24. For the purposes of rule 23, an underwriter or insurer shall
be deemed to' be a person interested in the action.

25. The court may order on what terms any person shall come
in, and what notices and documents, if any, shall be given to and
served upon him, and may give such further directions in the -Inatter
as to the court may seem fit.

Consolidation of actions.

26. Two or more actions in which the questions at issue are
substantially the same, or for matters which might properly be com-
0
bined in one action, may be consolidated by order of the court, on
such terms as may seem fit.

27. The court may, in its discretion, order several actions to
be tried at the same time and on the same evidence, or the evidence
in one action to be used as evidence in another, or may order one
of several actions to be tried as a test act-ion, and the other actions
to be stayed to abide the result.

Warrants.

28. In an action in rem a warrant for the arrest of property
may be issued by the Registrar at the time of or at any time after
the issue of the writ of summons, on an affidavit being filed, as
prescribed by the following rules.

29~ The affidavit shall state the nature of the claim, and that
the aid of the court is required.

30-(1) In an action for wages the affidavit shall also state the
national character of the ship, and, if the ship is foreign, that notice
of the action has been served upon a consular officer of the state
to which the ship belongs, if there is one resident in the Colony.-

* AS anended by Law Rev. Ord., 19357.





(2) In an action for necessaries, or an action by the owner, or
consi-Dee, or assignee of any bill of lading of any goods imported
into the Colonyin any ship, for damage done to the goods or any
part thereof by the negligence or misconduct of, or for any breach
of duty or breach of contract on the part of, the owner, master,
or crew of the ship, the affidavit shall also state the national character
of the ship, and that, to the best of the deponent's belief, no owner
or part owner of the ship was domiciled in the Colony at the time
of the institution of the action.

(3) In an action between co-owners relating to the ownership,
c
possession, employment, or earnings of any ship registered in the
0
Colony, the affidavit shall also state the number of shares in the
ship owned by the party proceeding

31. In an action for bottomry the bottoinry bond in original, and,
if it is in a foreign language, q translation thereof, shall be produced
for the inspection and perusal of the Re-istrar, and a copy of the
bond, or of the translation thereof, certified to be correct, shall be
annexed to the affidavit.

32. The Recistrar may, if he thinks fit, issue a warrant although
0
the affidavit does not contain all the prescribed particulars, and, in
an action for bottomry, although the loond has not been produced;
or he may refuse to issue a warrant without an order of the court.

33. The warrant shall be prepared in the Registry, and shall be
signed by the Begistrar, and issued under the seal 0 of the court.
0

34. The warrant shall be served by the bailiff or his officer in
the manner prescribed by these rules for the service of a writ of
summons in an action in rem, and thereupon the property shall
be deemed to be arrested.

35. The warrant may be served on a public or general holiday as
well as on any other day.

36. The warrant shall be filed by the bailiff within one week
after service thereof has been completed, with a certificate of service
indorsed thereon.

37. The certificate shall state by whom the warrant has been
served, and the date and mode of service, and shall be signed by
the bailiff.

As amended by Law Rev. Ord., 1937.





Bail.

38. Whenever bail is required by these rules, it shall be given
by filing one or more bail-bonds, each of which -shall be signed
by two sureties, unless the court, on special cause shown, orders
that one surety shall suffice.

39. Every bail-bond shall be prepared in the Registry, and shall
0
be signed before the Registrar, or by his direction before a clerk in
the Registry, or before a commissioner appointed by the court to
take bail.

40. Sureties may attend to sign a bond either separately or
together.

41. If bail. is taken before a commissioner, the sureties shall
justify by affidavit.

42. The commission to take bail and the affidavits of justifica-
tion shall be prepared in the Registry, and issued with the bail-bond,
and shall, with the bail-bond, when executed, be returned to the
Registry by the commissioner.

43. No commissioner shall be entitled to take bail in any action
in which he, or any person in partnership with him, is acting as
solicitor or agent..

44. Before filing . a bail-bond, notice of bail shall be served upo~
the adverse party, and a certificate of such service shall be indorsed
on the bond by the party filing it.

45. If the adverse party, is not satisfied with the sufficiency of
any surety, he may file a notice objecti~g to such surety or requiring
him to justify, if he.has not already done so.

Releases.

46. A release for property arrested by wa rrant may be issued
by order of the court.

47. A release may also be issued by -the Registrar, unless there
is a caveat outstanding against the release of the property-

(1) on payment into court of the amount claimed, or of the

M amended by Law Rev. Ord., 1937.





appraised value of the property arrested, or, where cargo is arrested
for freight only, of the amount of the freight verified by affidavit:

(2) on on e or more bail-bonds being filed for the amount claimed
or for the appraised value of the property arrested; and on proof
that twenty-four hours' notice of the names and addresses of the
sureties has been previously served upon the party at whose instance
the property has been arrested:

(3) on the application of the party at whose instance the property
has been arrested:

(4) on a consent in writing being filed, signed by the party at
whose instance the property has been arrested:

(5) on discontinuance or dismissal of the action in which the
property has been arrested.

48. Where property has been arrested for salvage, the release
shall not be issued under rule 47, except on discontinuance or dis-
missal of the action, until the value of the property arrested has been
agreed upon between the parties or determined. by the court.

49. The Registrar may refuse to issue a release without the
order of the court.

50. The release shall be prepared in the Registry, and shall be
signed by the Registrar, and issued under the seal of the court.
0

51. The release shall be served upon the bailiff either personally
or by leaving it at his office, by the party by whom it is taken out.
0

52. On service of the release and on payment to the bailiff of
all fees due to and charges incurred by him in respect of the arrest
and custody of the property, the property shall be at once released
frIom arrest.

Preliminary acts.

53. In an action for damage by collision, Cach party shall,,
within one week from an appearance being entered, file a preliminazy
act, sealed up, signed by the party, and containing a statement ~f
the following particulars:-

(1) the names of the ships which came into colUsion, and the
names of their masters;

As amended by Law Rey. Ord., 1937.
As amended by No. 33 of 19M [15.4.35].





(2), the time of the collision;
(3) the place of the collision;
(4) the direction and force of the wind;
(5) the state of the weather;
(6) the state and force of the. tide;
(7) the course and speed of the ship when the other was first
seen;
(8) the lights, if any, carried by her;
(9) the distance and bearing of the other ship when first seen,-
(10) the lights, if any, of the other ship which were first seen;
(11) the lights, if any, of the other ship, other than those first
seen, which came into view before the collision;
(12) the measures which were taken, and when, to avoid the
collision;
(13) the parts of each ship which first came into collision;
(14) the Bound signals, if any, wbich were given,. and when; and
(15) the sound signals, if any, which were heard from the other
ship, and when.
Pleadings.

54. After appearance any party to an action may apply to 'the
court for an order for pleadings. If no such application is made,
or if on such application pleadings are not ordered, the action shall
be heard without pleadings. 1

55. If an order is made for pleadings, the plaintiff 'shall, within
one week from the date of the order, file his petition, and, within
one week from the filing of the petition, the defendant shall file
his answer, and, within one week from the filing of the answer,
the plaintiff shall file his reply, if any: and there shall be no pleading
beyond the reply, except by permission of the court.

66. The defendant may, in his answer, plead any set-oll or
counterclaim. But if, in the opinion of the court, such set-off or
counterclaim cannot. be cony ' eniently disposed of in the action, the
court may order it to be struck out.

57. Every pleading shall be divided into short paragraphs,
nWnbered consecutively, which shall state concisely the facts on
which the party relies, and shall be signed by thSE). It shall not be necessary to set out in an pleading the
Y
words of any document referred to therein, except so far as the
precise words of the document are material.

As amended by No. 33 o f 1932 [15.4.331.
As amended by Law Rev. Ord., 1937.





59. Either party' may apply to the court to decide forthwith
any question of fact or of law raised by any pleading, and the court
shall thereupon make such order as may seem.fit.

60. Any pleading may at any time be amended, either by con.
sent of the parties or by order of the court.

Special case.

61. Parties may agree to state the questions at issue for. the
opinion of the court in the form of a special case.

62. If it appears to the court that there is in any action a
question of law which it would be convenient to have decided in
the first instance, the court may direct that it shall be raised in a
special case or in such other manner as may seem expedient.

63. Every special case shall be divided into paragraphs, number-
ed consecutively, and shall state concisely such facts and documents
as may be necessary to enable the court to decide the question at'
issue.

64. Every special case shall be signed by the parties, and rnay
be filed by any party.

Motions.

65. A party desiring to obtain an order from the court shall file
a notice of motion, with the affidavits, if any,- on which he intends
to rely.

66. The notice of motion shall state . the nature of the order
desired, the day on which the motion i's to be made, and whether in
court or in chambers.

67. nxeept by consent of the adverse party or by order of the
court, the notice of motion shall be filed twenty-four hours atleast
before the time at which the motion is made.

68. When the motion comes on for hearing the court, after
hearina the parties or, in the absence of Any of t~em, on proof that
0
the notice of motion has been duly served, may make such order as
to the court may seem fit.

69. The court may, on due cause shown, vary or rescind any
order previously made.

* As arnended by Law Rev. Ord., 1937.





Tender.

70. A party desiring to make a tender in satisfaction of the
whole or any part of the adverse part);;s claim shall pay into court
the a!mount tendered by him, and shall file a notice of the terms
on which the tender is made.

71. Withm a week from the filing of the notice, the adverse
part ~ shall file a notice, stating whether he accepts or rejects the
YI 0
tender, and, if he does. not do so, he shall be held to have rejected
it.

~2. Pending the acceptance or rejection of a tender, the proceed-
ings :shall be suspended.

Shorthand writer.

~3. The court may order, the evidence of the witnesses, whether
examined before the court, or the Registrar, or a commissioner, to
be taken down by a shorthand writer, who shall have been previously
sworn faithfully to report the evidence; and a transcript of the
shorthand writer's notes, certified by him ho be correct and approved
by the judge, Registrar or commissioner, as the case may be, shall
be lodged in or transmitted to the Registry as the certified evidence
of such witnesses.

Printing.

11. The court may order that the whole of the pleadings and
written proofs, or any part thereof, shall be printed before the trial;
and ~he printing shall, be in such manner and form as Ihe court may
order~

75. Preliminary acts, if printed, shall be printed in parallel
columns.

As8essors.

76. The court, on the application of any party or without any
such. application, if of opinion that the nature of the case requires
it, may appoint one or more assessors to advise the court upon any
matters requiring nautical or other professional knowledge.

77. The fees of the assessors shall be paid in the first instance i
by the plaintiff, unless the court otherwise orders.

As amended by Law Itev. Ord., 1937.





Setting down action for trial.

78. An action shall be set down for trial by filing a notice of
trial.

79. If there has not been any appearance, the plaintiff may set
down the action for trial, on obtaining from the judge leave to proceed
ex paTte--
(1) in an action in personam or an action against proceeds in
court, after the expiration of two weeks from the service of the writ
of summons. and

(2) in an action in rem (not bei ng an action against proceeds in
court), after the expiration of two weeks from the filing of the
warrant.

80.-(1) If there has been an appearance, either party may set
down the action for trial-
(a) after the expiration of one week from the entry of the appear-
ance, unless an order has been made for pleadings or an application
.for such an order is pending; and

(b) if pleadings have been ordered, when the last pleading has
been filed: or when the tim ' e allowed to, the adverse party for filing
any pleading has expir ' ed without such pleading having been filed.
(2) In a collision case the preliminary acts,may be opened as
soon as the action has been set down for trial.

81. Vhere the writ ' of summons has been indorsed, with a claim
to have an account taken., or the liability has beet! admitted 'Or
determined, and the question is simply as to the amount due, the
court may, on the application of either party, fix a time within
which the accounts and vouchers, and the proofs in support thereof,
shall be filed, and at the expiration of that time, either party may
have the mattet set down for triaL

Trial.

82. After the action has been set down for trial, the Registrar
shall send notice to the parties of the day on which it will be tried.

83. At the trial of a contested action the plaintiff shall in general
begin. But if the burden of proof lies on the defendant, the court
may direct the defendant to begin.

84. If there are several plaintiffs or several defendants, the court
may direct which plaintiff Pr which defendant shall begin.

* As amended by Law Rev. Ord., 1937.





85. The party beginning shall first address the court, and then
prodube his witnesses, if any. The other party or parties shall then
address the court and produce his or their witnesses, if any, in such
order as the court may direct, and shalf have a right to sum up
their evidence. In every case the party beginning shall have the
right to reply, but shall not produce further evidence, except by
permission of the court.

86. Only one counsel shall in general be heard on each side; but
the court, if it considers that the nature of the ease requires it, may
allow two counsel to be heard on each side.

87. If the,action is uncontested, the court may give judgment
on the evidence adduced by the plaintiff.

References.

88. The court may, in its discretion, refer the assessment of
damages and the taking of any account to the Registrar, 'either alone
or assisted by one or more merchants as assessors.

89. The rules as to the trial shall apply mutatis mutancLis to a
reference to the Registrar, and. the Registr~r may adjourn the preh-
ceedings from time to time and from place to place, if he thinks
necessary.

90. Counsel may attend the hearing of any reference, but the
0
costs so incurred shall not be allowed-on taxation unless the Registrar
certifies that the attendance of counsel was necessary.

91. When a reference has been heard, the Registrar shall draw
up a report in writing ' of the result, showing the amount, if any,
0
found due, and to whom, together with any further particulars that
may be necessary.

992. When the report is ready, notice shall be sent to the parties,
and either party may thereupon take up and file the report.

93. Within two weeks from the filing of the report, either party
may file a notice of motion to vary the report, specifying the items
objected to.

94. At the hearing of the motion, the court may make such order
thereon as may seem fit, or may remit the matter to the Registrar
for further inquiry or report.

As amended by Law Rev. Ord., 1937.





95. If no notice of motion to vary the report is filed within two
weeks from the filing of the report, the report shall stand confi~med.

Costs.

96. Subject to the provisions of ~hesc rules, the costs of the
whole action, and of each particular proceeding therein, and of every
proceeding before the court shall be in the discretion ot the 'Cour~;
and the court shall have full power to awardand apportion costs
in any manner it may deem proper.

97. Subject to the provisions of these rules, barristers' and
solicitors' costs shall be allowed on taxation upon the scale that is
for the time being in force in the original jurisdiction of the court,

98. Where the sum in dispute or the value of the res does not
exceed one thousand dollars, half costs only shall be charged and
allowed. In any other action the court may, in its, discretion, order
that half costs only shall be allowed.

99. Where costs are awarded to a plaintiff, sumin. dispute
shall mean the sum recovered by him in addition to the. sum, if
any, counterclaimed from him by the defendant; and where costs
are awarded to a defendant, it shall mean the sum claimed from him
in addition to the sum, if any, recovered by him.

100. The court may direct payment of a lump sum in lieu of
taxed costs.

101. If any plaintiff (other than a seaman suing for his wages
or for the loss of his clothes and effects in a collision), or any
defendant making a counterclaim, is not resident in the Colony, the
court may, on the application of the adverse party, order him to
give bail for costs.

102. If a tender is rejected, but is afterwards accepted, or is
held by the court to be sufficient, the party rejecting the tender
shall, unless the court otherwise orders, be condemned in the costg
incurred after fender made.

Taxa,tion of costs.

103. A party desiring to have a bill of costs taxed shall file the
bill, and, as soon as conveniently may be, the Registrar shall send
to the parties notice of the time at which. the taxation will take
place.

104. At the time appointed, if either party is present, the taxa-
tion shall be proceeded with.





105. Within one week from the completion of the taxation,
application may be made to the court to review the taxation.

106. Costs may be taxed either by the court or by the Registrar,
and as well between solicitor and client as between party and party.

107. If, in a taxation between solicitor and client, more than
one-sixth is struck off, the solicitor sh-all pay all.the costs attending
the taxation.

Appra,isement and stile, etc.

108. The court may,.either before or after final judgment, order
any property under the arrest of the court to be appraised or to be
sold with or without appraisement and either by public auction or
by private contract.

109. If the property is deteriorating in value, the court may
order it to be sold forthwith.

110. If the property to be sold is of small value, the court may,
in its discretion, order it to be sold without a commission of sale
bein. issued.

111. The court may,- either before or after final, judgment, order
any property under arrest of the court to be removed or any cargo
under ai-rest on board ship to be discharaed.

112. The appraisement, sale, and removal of property, 'the dig-
charge of cargo, and the demolition and sale of a vessel condemned
under any Slave Trade Act shall be effected under the authority
of a commission addressed to the bailiff. .

113. The commission shall, as soon as po~ssible after its execution,
be filed by the bailiff, with a return setting forth the manner in
which it has been executed.

114. As soon as possible after the execution of a commission of
sale, the bailiff shall pay into court the gross proceeds of the sale,
0
and shall, with thecommission, file his accounts and voxichers in
support thereof.

115. The Registrar shall tax the bailiff's. account, and shall report
the amount at which he considers it should be -allowed; and any
party who is interested in the proceeds may be heard before the
Registrar on the taxation.

As arnended by Law Rev. Ord., 1937,





116. Application may be made to the court on motion to review
the Registrar's taxation.

117. The court may, in its discretion, order any property under
the arrest of the court io be inspected.

Discontinuance.

118. The plaintiff may at any time discontinue his action, by
filin. a notice to that effect, and the defendant shall thereupon be
0
entitled - to have judgment entered for his costs of action, on filing
a notic
c to enter the same. The discontinuance of -,in action by the
plaintiff shall not prejudice any -action. consolidated therewith or any
counterclaim previously 'set tip by the defendant.

Consents.

119. Any consent in writina si-ned by the parties may, by
permission of the Begistrar, be filed, and shall thereu become an
order of court. pon

Appeals to the Ful 1 Court.

120. All appeals to the Full Court shall be brought by notice
of motion in a summary way. The notice of motion shall state
whether the whole or part o~ly of the judgment or order appealed
from is complained of, and in the latter case shall specify such part.

121. The notice of appeal shall. be served upon all parties directly
affected by the appeal, but the Full Court may direct notice of the
appeal to be served upon all or any parties to the action or upon any
person not a party, and may pos~pone the hearing of the appeal on
such terms as may seem just, and may give such judgment and make
such order as might have been given or made if the persons served
with such notice had been originally parties.

122. The Full Court may, in its discreti on, call in the aid of one
.or more assessors, whose fee~ shall be paid in the firsfinstance by the
appellant, unless the Full Court otherwise orders.

123. The Full Court shall have all powers and duties of the
court as to amendment and otherwise and full discretionary power
to receive further evidence upon questions of fact.

124. The Full Court shall have power to give any judgment and
make any order which ought to have been given or made and to
make such further or other order as the case m.ty require, or to

As amended by Law Rev. Ord., 1937.





order a new trial, or to make such order as to the'whole or any
part of the costs of the proceedings, including the appeal, as may
seem just.

125. It shall not be necessary for a respondent to give notice
of motion by way of cross appeal, but 'if he intends, on the hearing
of the appeal, to apply for any variation of the decision of the court
below, he shall give notice of such intention to any parties who may
be affected by such application. The omission' to give such notice
may be ground for an adjournment of the -appeal or for a special
order as to costs.

126. No appeal shall, except by special leave of the Full Court,
be brought after the expiration of one month.

127. An appeal shall not operate as a stay of execution or ol
proceedings under the decision appealed from, unless the Full Court
so orders. Any such order may be made on such conditions as the
Full Court may direct.

Appeals.to His Majesty in Council..I

128. A party desiring to appeal to His Majesty in Council from
any decision of the' Full Court shall, within one month from the date
of the decree or order appealed from, file a notice of appeal, 'and give
bail in such sum, not exceeding
to answer the costs of the appeal.

129. Subject to any order of His Majesty'i n Counci 1 or of the
Judicial Committee of the Privy Council, the Full Court may proceed
to carry into effect the decree or order appealed from, provided that
the party in whose favour it has* been made gives bail to abide the
event of the appeal, and to answer the costs thereof, in such sum as
the Full Court may. order.

130. An appellant desiring to prosecute his appeal is to take such
0
steps as may be required by the practice of the Judicial Committee
of the Privy Council.

Ptuies 128 to 132 relate only to the proceedings to be taken in the Supreme
Court of Hong Kong. Appeal lies to the Judicial Committee of
the Privy Council from the Supreme Court of Horg Kong. See s. 6
of the Colonial Courts of Admiralty Act, 1WO, 53 & 54 Vict. c. 27.
The right of appeal has been defined and regulated by Order of
H.M..in Council dated 10th August, 1909, (S. R. & 0. 1909, p. 805).
For practice and procedure see H.M. Order in Council of 11th
December, 1865, (S. R. & 0. Rev. 19M VI Judicial Committee, ~. 98)
and the Judicial Committee Rules, 1925, (H.M. Order in Council of
2nd May, 1925-G.N. 207 of 1927).
As amended by Law Rev. Ord., 1937.





131. On sbrv.ice of the monition for process, the Registrar shall
forthwith prepare the process at the expense of the party ordering the

132. The process, which shall consist of a copy of all the pro-
ceedin.s in the action, shall'be signed by the Begiqtrar and sealed
0 cl . cl
Avith the seal of the court, and shall be transmitted by the Beaistrar
to the Registrar of the Appellate. Court.

Payments into court.

133. All payments into court shall be made in accordance with
and subject to the provisions of any Ordinance or rule of court with
respect to payments intd*the Supreme Court.

134. A receipt,for the amount shall be filed, and thereupon the
payment into court shall be deemed to be complete.

Payinents out, o f court.

V25. No money shall be paid out of court except on an order
signed by a judge. ' Subject as aforesaid, all payments out of court
shall be made in accordance with and subject to the provisions of any
Ordinance or rule of court with reference to payments out of the
Supreme' Court.

Caveats.

136. Any person desiring to prevent the arrest of any property
may file a notice undertaking, within three days after being required
to do so, to give bail to any action or countirclairn that, may have
been or ma be brought against the property, and thereupon the
y 0 1
Reaistrar shall enter a caveat in the caveat warrant book mentioned
0
in rule 157.

137. Any person desiring to prevent the release of any property
under arrest shall file a notice, and thereupon the Registrar shall
enter a caveat in the caveat release book mentioned in rule 157.

138. Any person desiring to prevent the payment of money out
of court shall file a notice, and thereupon the Registrar shall enter a
caveat in the caveat payment book mentioned in rule 157.

As aniended hy Law Rev. Ord., 1937.





139. If the person entering a caveat is not a party to the action,
the notice shall state his name and address, and an address within
three miles of*the, Registry, at which it shall be sufficien't to leave all
documents required to be served upon him.

140. The entry of a caveat war ' rant s ' hall not prevent the issue
of a warrant, but a party at whose instance a warrant is iss-ded for
the arrest of any property in respect of which there is a caveat
warrant outstanding shall be condemned in all costs and damages
occasioned thereby, unless he shows, to the satisfaction of the court,
good and sufficient reason to the contrary.

141. The party at whose instance a caveat release or caveat
payment is entered. shall be condemned in all costs and damages
occasioned thereby, unless he shows, to the satisfaction of the court,
good and sufficient reason to the contrary.

142. A caveat shall not remain in force for more than six months
from the date of entering the same.

143,-(1) A caveat may at any time be withdrawn by the person
at whose instance it has been entered, on his filing a notice with-
drawing it.

(2) The court may over-rule, any caveat.

Orders for payment.

144.-(1) On'application by a party to whom any sum has been
found due, the court may order payment to be made out of any money
in wurt applicable for, the purpose.

(2) If there is no such money in court or if it is insufficient, the
court may order that the party liable shall pay the sum found due
or the balance thereof, as the case may be, within such time as to
the court may seem fit. The party to, whom the sum is due may
then obtain from the Registry, and serve upon the party liable, an
order for payment under the seal of the court.

Attachments.

145. 11 any person disobeys an order of the court or commits a
contempt of court, the judge may order him to be attached.

As amended by Law Rev. Ord., 1937.





146.-
. (1) The person attached shall, without delay, be brought
before the court,, and if he persi ' sts in his disobedience or contempt,
the court mdy order him to be committed.

(2) The order for committal shall be executed by the bailiff.

Instruments, etc.

147. The bailiff shall execute by himself or his officer all instru-
ments issued from the court which are addressed to him, and shall
make returns thereof.

148. Every warrant, release, commission, attachment, and other
instrument to be executed by any officer of or commissioner acting
under the authority of the court shall be prepared in the Registry
and siped by the Registrar, and shall be issued under the seal of
the court.

149. Every document issued under the seal of the court shall bear
date on the day of sealing, and shall be deemed to be issued at the
0
time of the sealing thereof.

150. Every document requiring to be served shall be shryed
within six months from the date thereof, otherwise the service shall
not b6 valid.

151. Every instrument to be executed by the bailiff shall be left
with the bailiff by the party at whose instance it is issued, with written
instructions for the execution thereof.

Notices from the Registry.

152. Any notice from the Registry may be ' either left at, or sent
by post to, the address lor service of the party to whom notice is to
be.given.

Filing qf Documents.

153. A document shall be filed by leaving the same in the
Registry, with a minute'stating the nature of the document and the
date of filing it.

154. Any number of documents in the same action may be filed
with one and the same minute.

As amended by Law Rev. Ord., 1937.





155. No document, except preliminary acts, bail-bonds, docu-
ments issued from the Regi try, and minutes, shall be filed without
,S
signed by the party filing the same,
a certificate indorsed thereon, 0
that a copy thereof has been served upon kilhe adverse party, if any.

Records of the court.

156. There shall be kept in the Registry a book, to be called the
0
minute book, in which the Registrar shall enter in order of date,
under the head of each action, and on a page numbered with the
number of the action, a record of the commencement of the action,
of all appearances entered, ill documents issued or filed, all acts
done, and all orders and decrees of the court, whether. made by the
judge, or by the Registrar, or by consent of the parties in the action.

157. There shall be kept in the Registry a caveat warrant book,
0
a caveat release book, and a caveat payment book, in which all such
caveats respectively and the withdiawal thereof shall be entered by
the Registrar.

158. Any solicitor may, free of charge, inspect the minute and
caveat books.

159. The parties to an action may, while the action is pending
,and for one year after its termination, inspect, free of charge, all
the records in the action.

160. Except as provided by rules 158 and 159 no person shall be
entitled to inspect the records in a pending action without the per-
mission of the Re.-istrar.

161. In an action which is terminated, any person may, on pay-
ment. of a search fee, inspect the records in the action.

Copies..

16,2). Any person entitled to inspect any document in an action
shall, on payment of the proper charges for the same, be entitled to
an office copy thereof under the seal of the court.

1 Forms.

163. The forms in the Appendix shall be followed, with such
variations as the circumstances may require, and any party using any
other forms shaH be liable for any costs occasioned thereby-

As amended by Law Rev. Ord., 1937.





Court. and assessors' fees.

164. Subject to the following rules, the court fees set forth in
the Table of Fees in the Appendix shall be taken in respect of the
matters or proccedinp therein specified, and in respect of all other
matters or proceedings the court fees taken for similar matters or
proceedings in the original jurisdiction of the court. according to the
scale for the time being in force, shall be taken.

165. All court fees shall, unless it is otherwise provided in the
Appendix, be payable in the same manner as they are for the time
being payable in the original jurisdiction. of the court.
0

166. Assessors shall, subject to the provisions of these rules, be
paid the fees set forth in the Appendix.

167. All fees paid by a party to whom costs are awarded shall,
subject to the provisions of these rules, be allowed as costs on
taxation.

168. Where the sum in dispute or the value of the res does not
exceed one thousand dollars, hall fees only shall be charged and
allowed.

Cases not provided for.

169. All Ordinances having reference 'to the practice and pro-
cedure of the Supreme Court as to discovery and the form and
admission of evidence, and as to the form and administration o~ oaths
and declarations, and as to subpomas, and as to the form of atlfidavits
and declarations, and as to the examination of witnesses before trial,
and as to the time for doing any act or taking any proceeding in an
action, and as to enforcing any decree or order shall, so far as the
same may be applicable and not inconsistent with these rules, apply
to proceedings in the Admiralty jurisdiction. In all other cases not
provided for by these rules, the practice of the Admiralty Division of
the Hi-h Court of Justice of England shall be followed~
0





Appendix.
I-FORMS.
Foum No. 1. Rule 4.
TITLE OF ACTION in rem.

No. [here'insert the number of the action].

A.B., Plaintiff,
against

(a) The ship
or (b) The ship and freight.
or (c) The ship her cargo and freight.

or (if the action is against cargo only)
(d) The cargo ex the -hip [state name of ship on board of
which the cargo now is or lately was laden].
or (if the action is against the proceeds realized by the sale of the
ship or cargo)

(e) The proceeds of the ship
or (f) The proceeds of the cargo CX the ship

or as the case may be.
Action for [state nature of action, whether for damage by collision,
wages, bottomry, etc., as the case maqj be].

FoRm No. 2. [Rule 4.]
TITLE OF ACTIO'N in, personam.
No. [here insert the number of the action].
A.B., Plaintiff,
against

The owners of the ship or as the case may be].
Action for [state nature of action as in Form No. 1].





FORm No. 3. [Rule 4.1
TrrLE OF ACTION IN THE NAME OF THE CROWN.
No. [here insert the number of the action]-
Our Sovereign Lord the King
[add, where necessary, in His Office of Admiralty]
against
(a) The ship [or us the case may be],
or,
(b) A.B., etc., [the person or persons proceeded against].
Action for [state nature of action].

Fowm No. 4. [Rule 5.1
WRIT OF SUMMONS. in rem.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.] [Here insert title of action].
GEORGE, by the Grace of God, of Great Britain, Ireland and the
British dominions beyond the seas King, Defender of the Faith,
Emperor of India.

To the owners and all otheTs interested in the ship-
[her cargo and freight, etc., or as the case may be].
WE command you that, within one week after the service of this
writ, exclusive of the day of such service, you do cause an appearance
to be entered for you in Our Supreme Court of Hong Kong in the
above-named action; and take notice that, in default of your so doing,
the said action may proceed, and judgment may be given in your
absence.

Witness His Honour Chief Justice of Our
said court,.this day of 19

Sealed by Registrar.

Memorandum to be 'aubscribed on the writ.

This writ may be served within six months from the date thereof,
exclusive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by entering an
ty
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.

As amended by Law Rev. Ord., 1937.





FORm 'No. 5. [Rule 5.]
WRIT op SummoN.s.in personam.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
IL.S.1[Here insert title of action].
GEORGE, by the Grace of God, etc.
To C.D., of and E.F., of
WE command you that, within one week after the service of this
writ, exclusive of the day of such service, you do cause an appearance
to be entered for you in Our Supreme Court of Hong Kong in the
above-named action; and take notice that., in default Of your so doing,
the said action may proceed and judgment may be given in your
absence.

Witness llis 11onour Chief Justice of Our
said court this day of 19

Sealed by Registrar.

Memorandum to be subscribed on the writ.

This writ may be served within six months from the date thereof,
exclusive of the day of such date, but not afterwards.

The defendant [or defendants] may appear hereto by entering an
appearance [or appearances], either personally or by solicitor, at the
Registry of the said court.

FORm No. 6. [Rule 5.]

INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.

The plaintiff claims [insert description of claim as given in
Form No. 71.
(2) This writ was issued by the plaintiff in person, who resides at
[state plaintifi's Place of residence, with naine of street and number
of house, if any].
or,

This writ was issued by C.D. of [state place of business], solicitor
for the plaintiff..
(3) All documents required to be served upon the plaintiff in.the
action may be left for him at [insert address for service within three
miles of the Registry].
or,





Where the action is in the name of the Crown.

A.B., etc., claims [insert description of claim as given in
Form No. 7].

(2) This writ was issued by A.B. [state name and address of
person prosecuting in the name of the Crown, or his solicitor, as the
case may be].

(3) All documents required to be served upon the Grown in this
action may be left at [insert address for service within three miles
of the Registry].

FORm No. 7. [Rule 5.1

IXDORSEMENTS OF CLAIM.

(1) Damage by collision:
The plaintiffs, as owners of the ship ' Mary [her cargo and
freight, etc., or as the case ?nay be] clairn the sum of $
against the ship - JAne - for darnage occasioned by a collision which
took place [state where] on the day of 19
and for costs.

(2) Salvage:
The plaintiffs, as owners, master, and crew of the ship ---Mary-,
claim the stirn of $ for salva,,e services rendered by them to
the ship - Jane ', [her cargo and freight, etc., ir as the case may
be] on the day of 19 in or.near [state
where the services were rendered]; and for costs.

(3) Pilotage
The plaintiff clairns the sum of $ for pilotage of the ship.
C
Jane ' on the day of 19 frorn [state
wherie pilotage coi~ipitc)zcedl to [state where pilotage en~e(i]; and for
costs.

(4) Towage:
The plaintiffs, as owners of the ship - Mary -, claim the sum
of $ for towage services rendered by the said ship to the ship
Jane -, [her cargo and freight, etc., or as the case may be] on the
day of 19 at or near [state where the
services were rendered]; and for costs.

(5) Master's wages and disbursements
The plaintiff clairns the sum of $ for his wages and dis-
bursernents as master of the ship Mary and to have an account
taken thereof; and for costs.





(6) Searnen's wages:
The_plaintiffs, as seamen on board the ship ---Mary claim the
sum of for waues due to them, as follows; and for costs:
to A.B., the mate $30 for two months' wages from the
day of 1 19
to C.D., able seaman $ etc., etc.;
land the plaintiffs claim to have an account taken thereof].

(7).lyecessaries,' repairs, ~tc.:
The plaintiffs claim the sum of $ for necessaries supplied
or. repairs done, etc., as the case rhay be] to the ship ---Mary -, at
the port of on the day of 1 19
and for costs land the plaintiffs claim to have an account taken
thereof

(8) Possession:
(a) The plaintiff, as sole owner of the ship ---Mary of the port
of claims possession of the said ship.

(b) The plaintiff, as owner of 48-64th shares of the ship---Mary-,
of the port of ' claims possession of the- said ship as
against C.D., owner of 16-64th shares of the said shil).

(9) Mortgage:
The plaintiff, under a mortgage dated the dty of
0
19 claims against the proceeds-of the ship---lklary---the sum of
$ of the amount due to him for principal and interest; and
for costs.

(10) Claims betwe'en co-owners:
(a) The plaintiff, as part owner of the ship 'i'YIary', claims against
C.D. part owner of the same ship, the. sum of $ as part of
the earnings of the said ship due to the plaintiff, and to have an
account taken thereof; and for costs.
(b) The plaintiff, as owner of 24-64th shares of the ship---Mary-,
being dissatisfied with the management of the said ship by his
co-owners, claims that his co-owners shall give bail in the sum of
$. . the value of his said shares, for the safe return of the said
ship to this.Colony.

(11) Bott.omly:
The plaintiff, as assignee, of a bottomry bond, dated the day
of 19 and granted by C.D., as master of the
ship ' Mary ofto A.B., at the port of
claims the equivalent in Hong Kong currency of the sum of
against.the ship ' Mary ', [her cargo and freight, etc., or as the
case may be] as the amount due to him under the said bond; and
for Costs.





(12) Derelict:'
A.B. claims to have the derelict ship - Mary- [her cargo, etc.,
or as the case may be], conden~ned as forfeited to His Majesty in His
Office of Admiralty.

(13) Piracy:

A.B., Commander of H.M. * S. Torch claims to have the
Chinese junk - Tecumseh - and her cargo condemned as forfeited-to
His Majesty as having been captured from pirates.

(14) Slave trade:

A.B., Commander of H.M.S. London -, claims to have - the
vessel, name unknown [together with her cargo], seized by him on
the day of 1 19 , condemned as forfeited to
His Majesty, on the ground that the said vessel was, at the time of
her seizure, engaged in or fitted out for the slave trade, in violation
of the Act 5'Geo. 4, c. 113, [or as the case may bei.
or,
C.D., the owner of the vesselland cargo, or as
the case may be] captured by H.M.S. - London - on the . day
Of . '19, claims to have the said vessel [and cargo,
or. as the case may be] restored to him [together with costs and
damages for the seizure thereof].

(15) Under Pacific Islanders Protection Acts:

A.B., Commander of H.M.S. 'Lynx'~ claims to have the British
ship - Mary - and her cargo ' condemned as forfeited to Ilis Majesty,
lor Violation of the Pacific Islanders Protection Acts, 1872 and 1875.

(16) Under Foreign Enlistment Act:

A.B. claims to have the British ship Mary together with
the arms and munitions of war' on board thereof, condemned as
forfeited to His Majesty for violation of the Foreign Enlistment Act,
1870.

(17) Under Customs Acts:

A.B. claims to have the ship Mary - [or as the case may be]
condemned as forfeited to His Majesty for violation of [state Act
under which forfeiture is claimed].

(18) Recovery of pecuniary forfeiture or penalty:

A.B. claims judgment against the defendant for penalties for
ty
violation of [state Act or Ordinance under which penalties are
clai7ned].

As amended by Law Rev. Ord., 1937.





FORM No. 8 [Rule 17.]
CERTIFICATE OF SERVICE TO 13E INDORSED ON THE WRIT AFTER
SERVICE THEREOF.

This writ was served by X.Y.. [here, state the mode in which the
service was effected, whether on the owner, or on the, ship, cargo, or
freight,, etc., as the case may be] on the day 19

(Signed) X.Y.

FORm No. 9. [Rule 21.1
,APPEARANCE.

(1) By defendant in person.In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Take notice that I appear in this action.
Dated the day of 19
(Signed) C.D., Defendant.
My address is
My address for service is

APPEARANCE.
(2) By solicitor for defendant.
In the Supreme Court of Hong Kona, Admiralty Jurisdiction.
0
[Title of action.]
Take not-ice that 1 appear for C.D., of [insert address of C.D.], in
this action.
Dated the day of 19
(Signo) X.Y., Solicitor for C.D.
my place of business is
My address for service is

FORM No. 10. [Rule 21.1
INDORSIDUUM OF Slgr-OPP OR COUN~CLAM.

The defendant [or, if ke is one of several defendants, the de-
fendant C.D.], owner of the ship---Mary--- [or as the case* may be]





claims from the plaintiff [or claims to set off against the plaintiff's
claimil the sum of. dollars for [state nature of the set-off or
counterclaint and the relief or remedy required (is in Form. No. 7,
mutatis mutandis] ; and for costs.

FORm No. 11. [Rule 28.]

AFFIDAVIT To LEAD WARRA9T.

In the Supreme Court of Hong Konog, Admiralty Jurisdiction.
[Title of action.]
1, A.B., [state naPne and address] inalie oath and say that 1 have
a claiin against tile ship Mary --- for [statc nature of claim].
And I further inake oath and say that the said claim has not been
satisfied, and that the aid of this court is required to enforce it.

On the day of 1 19 '
the said A.B. was duly sworn to the (Signed) A.B.
truth of this affidavit at
Before me,
E.F., etc.
or,

Where the action is in the name of the Crown,

I, A.B., etc., [state name a.?td address of `person suing in the
name of the Crown] make oath and say tlat I claim to have the ship
' Mary --- and her cargo [or the vessel, name unknown or the cargo
ex the ship---Mary etc., or as the case may be] condemned to His
Majesty-
1
(a) as having been fitted out for or engaged in the slave trade in
violation of [state Act or Treaty alleged to have been violated]
or (b) as having been captured from pirates;
or (c) as having been found derelict;
or (d) for violation of [state Act or Ordinance alleged, to have
been violated, or as the case may be].
I further make oath and say that the aid of this court is required
.to enforce the said claim.
On the day of 19
the said A.B. was duly sworn to the (Signed) A.B.
truth of this affidavit at

Before me,
E.F., etc.





FORM No. 12. [Rule 33.
WARRANT.

In the Suprerne Court of Hong Kong, Admiralty Jurisdiction.
LL.S.] [Title of action.]

GEORGE, by the Grace of God, etc.

To the, bailiff of Our Supreme Court of Hong Kong.

We hereby command you to arrest the ship [her cargo
and freMit, etc., o:r as the case ~)tay be], and to keep the same under
0
safe arrest, until you shall receive further orders f rem Us.

Given at in Our said court under the seal thereof,
1111s da y of 19
Warrant.
Taken out by

(Siped) Registrar.
c 0

FoRm No. 13. [Rule 37.1

CERTIFICATE OF SERVICE TO BE EX DORSED ON THE WARM\T
AFTER SERVICE THEREOF.

This warrant was served by [state by whoin, and in what-mode
service was effected] on day, the day of
19

(Signed) G.H., Bailiff.

FoRsi No. 14. [Rule M.]
BAIL-13OND.

In the Supreme Court of llon, Rong, Adrniralty urisdiction.
0 0 J
[Title of action.]
Know all men by these presents that we [insert names, addresses,
and descriptions of the svrcties in Itill] hereby jointly and severally
submit ourselves to the jurisdiction of the suid court, and consent that
if the said [insert naine of party for whom bail is to be given, and state
whether plaintiff or defendant] shall net pay what may be adjudged
against him in the above-named action, with costs [or, for costs,
if bail is to be given only for costs], execution may issue against us,





our heirs, executors, and administrators,. goods and chattels, for a sum
not exceeding [state sum in letters] dollars.
This bail-bond was signed by the
said and

the Signatures of sureties'.
sureties, the day of 19
in the Registry of the Supreme Court of
Hong Hong [or as the case may be].
Before Me,.
(Signed) E.F., Registrar.
as the case may be.]

FORM No. 15. [Rulb 39.1
COMMISSION TO TAKE BAIL.In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE, by the Grace of God, etc.
To [state name and description of commissioner], greeting.
Whereas in the above-named action bail is required to be taken on
behalf of [state name of party for whom bail is to be given and
whether plaintiff or defendant] in the sum of [st^ate sum in letters]
dollars, to answer judgrpent in the said action.
We therefore hereby authorize You to take such bail on behalf of
the said -from two sufficient sureties, upon the bail-bond
bereto annexed, and to swear the said sureties to the truth of the
annexed affidavits as to their sufficiency, in the form indorsed hereon.
And We command you that, upon the said bond and affidavits
being duly pxecuted and signed by the said sureties, you do transmit
the same; attested by you, to. the Registry of Ou'r said court.
Gi,mn at in Our said court, under the seal thereof,
this day of
Commission to take bail.
Taken out by
(Signed) E.F., Registrar.
Form of oath to be administered to each surety.
YOU swear that the contents of the. affidavit, to which you have
subscribed your name, are true.
So help you GOD.





FoRm No. 16. [Rule 44.1

NOTICE OF BAIL.

In the Supreme Court of Hon- Kong, Admiralty Jurisdiction.
0 0
[Title of action.]
Take notice that 1 tender the under-mentioned persons as bail on
belialf of [state namc, address and description of Part?] for.whom bail
is to be given and zi~hether plaintiff or defendant] in the sum of [state
sion in letters and figures] dollars to answer judgment in this action
0
[or jutlgn-ient and costs, or costs only, or as the case may be].
0

Narres, addresses, and descriptions of

SURETIES. ]REFEREES.
(2) (2)

Dated the day of 19

(Signed) X.Y.

Foitm No. 17. [Rule 45.1

NOTICE TO JUSTIFYIn the Supreme Court of Rong Kong Admiralty Jurisdiction.
[Title of action.]

Take notice that 1 require [state name, address and. desc ription
of surety or sureties required to justify] to justify by affidavit his [or
their] sufficiency as a surety [or sureties].in the above-named action.

Dated the day of 19

(Sir-
>ned.) A.B.

FoRm No. 18. [Rule 45.1

AFFIDAV1T OF JUSTIFICATION.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
[state name, address and description of sitrely], one of the
proposed sureties for [state name, address and description of person
for 1v71om bail is to be given] make oath and say that 1 am worth





more than the sum of [state in letters the s~ in which bail is to
be given] dollars after the payment of all my debts.
On the day of
19 , the said
was duly sworn to the truth of this affidavit
at Signattire of szi?.ety.
Before me,
E.F., Registrar.
1 0
[or Cominissioner, as the case may be.]

Fonn No. 19. [Rule 45.]

NOTICE OF OBJECTION TO BAIL.

In the Supreme Court of Hon, Kon,,, Admiralty Jurisdiction.
[Title of action.]
Take notice that I object to the bail proposed to be.given by
[state navic, address and description of surety or sureties objected to]
in the above-named action.
Dated the day of 19

(Signed) A. B.

FORM No. 20. [Rule 60.]
RELEASE

In the Supreme Court of Hong Kong, Admiralty Ttirisdiction.
I.L. S. ] [Title of action.]
GEORGE, by the Grace of God, etc.
To the bailiff of 0?ir Supreme Court of Hong Kong, greeting.
Whereas by Our warrant issued in the above-named action on the
day of 1, 19 1 We did command you to
arrest [state name and nalitre of property arrested] and to keep the
same under safe arrest until you should receive further orders from
Us: We do hereby command you to release the said [state name and
nature of property to be released] from the said arrest upon payinent
being made to you of all fees due to and charges incurred by you
in respect of the arrest and custody thereof.

Given at in Our said court, under the seal thereof,
this . day of 19
Release..
Taken out by
(Signed) E.F., Registrar.





FoRm No. 21. [Rule 57.1
PLEADINGS.
(1) In an action for damage by collision:
a. (' The Atlantic
PETITION.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued

1. Shortly before 7 p.m. on the 31st January, 1903, the brig
Anthes ', of 234 tons register, Of which the plaintiff, George De
Garis, was then owner, whilst on a Yova.e froin Cardiff to Granville,
in France, laden with coals, and manlied with a crew of nine hands,
all told, was about fifteen miles S.E. 1 E. from the Lizard Light.

2 The wind at the time was about E.N.E., a moderate breeze,
the weather was fine, but slightly hazy, and the tide was about slack
water, and of little force. The ---Anthes--- was sailin(r under all
0
plain sail, close hauled on the port tack, heading about. S.E. and
proceedincy through the water at the rate of about five knots. Her
proper regulation side sailing lights were duly placed and exhibited
and buining brightly,' and a -Ood look-out was being kept on board
of her.

3. At, that time those on board the ---Anthes--- observed the
red light of a sailing, vessel, which proved to be the ---Atlantic -, at
the distance of about from one mile and a half to two miles from
the ---Antbes ',,,qnd bearing about one point on her port bow. The
---Anthes ' was kept close hauled by the wind on the port tack.
The ---Atlantic ' exhibited her -reen light and shut in her red light,
and drew a little on to. the starboard bow of the ---Anthes -, and
she was then seen to be approaching and causing immediate danger
of collision. Tho, helm of the ---Anthes--- was thereupon put hard
down, but the ---Atlantic -, although loudly bailed from the
Antlies ', ran against and with her stem and starboard bow struck
the starboard quarter of the ---Antlies--- abaft the inain
and did her so much (ttmt-e'that the---Anthes- soon afterwards sank,
and was with her cargo wholly lost,
tn...I four of her hands were
drowned.

4. There was-no proper look-out kept on board the ' Atlantic

5.. Those on board the ---Atlantic--- improperly neglected to take
in due time proper measures for avoiding a collision with the
Anthes

G. The helm of the ' Atlantic---was ported at an improper time.





7. The said collision, and the damages and losses consequent
thereon, were occasioned by the negligent and improper navigation of
those on board the Atlantic

The. plaintiff claims-

1. A declaration that he is entitled to the damage proceeded for.

2. The condemnation of the defendants [and their bail] in such
damaae and in costs.

3. To have an account taken of such damage, with the assistance
of merchants.

4. Such further or other relief as the nature of the case may
require.

Dated the day of 19

(Signed) A.B., Plaintiff.

ANSWER AND COUNTERCLABI.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

1. The defendants are the owners of the S'wedish barque
Atlantic of 988 tons register, carrying a crew of nineteen hands
all told, and, at the time of the circumstances hereinafter stated,
bound on a voyage to Cardiff.

2. A little before 6.30 p.m. of the 31st January, 1903, the
Atlantic---was about fifteen miles S.E. by S. of the Lizard. The
wind was E.N.E. The weather was hazy. The---Atlantic -, under
foresail, fore and main topsails, main topgallant sail, and jib, was
headin,,, about W.S.W., making from five to six knots, with her
regulation lights duly exhibited and burning, and a good look-out
being kept on board lier.

3. In these circumstances, the red lights of two vessels were
observed pretty close together, about half a mile off, and from two
to three points on the starboard bow. The helm of the---Atlantic---
was put to port in order to pass on the port sides of these vessels.
One,. however, of 'the vessels, which was the ---Antlies -, altered
her course, and exhibited her green- light and caused dana*er of
collision. The helm of the ---Atlantic--- was then ordered to be
steadied, but before this order could be completed was put hard-a-port.
The ' Anthes -, with her starboard side by the main rigging, struck
the stem of the---Atlantic ' and shortly afterwards sank, her master
and fou- of her crew being saved by the ---Atlantic





4. Save as hereinbefore admitted, the several statements in the
petition are denied.

5. The - Anthes was not kept on her course as required by
law.

6.. The helm of the - Antlies - was improperly starboarded.

7. The collision was caused by one or both of the things stated
in the filth and sixth paragraphs hereof, or otherwise b the negligence,
0 y
of the plaintiff or of those on board th.e Anthes

8. The collision was not caused or contributed to by the de-
fendants, or by any of those on board the - Atlantic -.

And by way of counterclaim the defendants say-

They have Suffered great damage by reason of the collision.

And they claim as follows:-

1. Judgment against the plaintiff [and his bail] for the damage
occasioned to the defendants by the collision, and for the costs of
this action.

2. To have an account taken of such daina-e, with the assistance
of merchants. 0

3. Such further and other relief as the nature of the case may
require.

Dated the day of 19

(Signed) C.D., etc., Defendants.

REPLY.

In the Supreme Court of Hong Kon-, Admiralty Jurisdiction.

[Title of action.]

The plaintiff denies the several statements contained in the
answer and counterclaim, [or admits the several statements contained
in paragraphs andof the answer and counterclaim, but
denies the other statements contained therein].

D~ted the day of 19

1 (Signed) A.B., Plaintiff.





b. (' The Julia David

PETITION.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
Writ issued 19
1. At about 2 a.m. on the 4th,September, 1905, the steamship
Sarpedon of 1,556 tons register and 225 liorse-power, of which
the plaintiffs -were owners, whilst oil a voyage from Shanghai and
other ports to London, with a cargo of tea and other goods, was
about 80 miles south-west. of Ushant.
2. The wind at such tiffle was about south-west, the weather was
a little hazy and occasionally slightly thick, and the ---Sarpedon
was under stearn and sail, steering' nortli-ea,,[, and proceeding at file
rate of about ten knots. ller proper regulation mast-head and side
lights were duly exhibited and burning brightly, and a good. look-out
was being kept.
3. At such tinic the mast-head and red lights of a steam. vessel,
which proved to be the above-nained vessel ---Julia David ', were
seen a6 the distance of about two miles from and ahead of the
' Sm.pedon but a little on her, port bow. The helm of the
' Sarpedon was ported and hard-a-ported, but.tile ---Julia David---
opened her green light to the---Sarpedon ', and, although the engines
of the---Sarpedon were immediately stopped and her steam-whistle
was blown, tile ---Julia David' with her stem struck the ---Sarpedon-
oil lier port side, abreast of her red light, and did her. so much
damage that her master and crew were compelled. to abandon her,
rind she was lost with her eir~o. .
0 The ---julia David went away
without rendering assistance to those on board the 'Sirpedon
c)
and without answering signals which were made by them for
2ssistance.
4. Those on board the---Julia Dav'id---neglected to keep a proper
look-out.
5. Those on board the ---Julia, David--- neglected tG duly port
the heliR of the ' Julia David.---
6. The lielm of the---Julia David.'.' was improperly, starboarded.
7. The ---Julia David ' did not duly obser~,e and comply with
the provisions of Article 16 of the ilegulations for Preventing.
Collisions at Sea.
8. The said collision was occasioned by the improper and negligent
navigation of the ---Julia David
C
The plaintiffs claim-
1. A declaration that they are entitled to,the damage proceeded.
for, and the condemnation of the said steamship ---Julia David---
and the defendants therein, and in costs.





2. To Nve an account taken of such damage, with the assistance of
merchants.

3. Such further and other relief as the nature of the case may require.

Dated the day of 19

(Signed) A.B,, etc., Plaintiffs.

ANSWER AND
COUNTERCLAIM.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

1. The defendants are the owners of the Belaian screw steamship

Julia David -, of about 1,274 tons register, and worked by engines of 140
horse-power nominal, with a crew of thirty hands, which left Havre on, the
2nd September, 1905, with a general cargo, bound to Alicante and other
ports in the Mediterranean.,

2.. About 21.45 a.m. of the 4th September, 1905, the ' Julia David -, in the
course of her said voyage, was in the Bay of Biscay. The weather was thick,
with a drizzling rain and banks of fog, and a stiff breeze blowing from S.S.W,
with a good deal of sea. The

Julia David -, under steam alone, was steering S.S.W. j W. by bridge
steering compass, or SM. A W. magnetic, and was making about five knots.
Her regulation lights were duly exhibited and burning brightly, and a good
look-out was being kept on board Ifer.

E)

3. In the circumstances aforesaid, 'those on board the ---Julia David---
saw the green and mast-head lights of a steamship, the 11 Sarpedon -, about
two miles off, and about two points on the starboard bow. The Julia David '
was kept on her course. But after a short time the Sarpedon---opened her red
light and caused danger of collision. The helm of the ---Julia David was
thereupon put hard-a-port, and her engines stopped and almost immediately
reversed full speed but, n'evertheless, the ---Sarpedon--- came into collision
with the Julia David -, striking with the port side her stem and port bow, and
doing her considerable damage.

4. The vessels separated immediately. The engines of the---Julia David'
were then stopped, and her pumps sounded. She was making much water,
and it was found necessary to turn her head away from the wind and sea. As
soon as it could be done without great danger, she was steamed in the
direction in which those on board her believed the ---Sarpedon ' to be, but
when day broke and no traces of the ' Sarpedoil--- could be discovered, the
search was given up, and the ' Julia Dfivid -; being in a very disabled state,
made her way to a port of r.efuge.~,





5. Save as hereinbefore appears, the several statements contained
in the petition are denied.

6. A good look-out was not kept on board the---Sarpedon

7. The helm of the---Barpedon was improperly -ported.

8. Those on board the ---Sarpedon improperly neglected or
omitted to keep her on her course.

9. Those on board the ---Sarpedon did not observe the'pro-
visions of Article 16 of. the Regulations for Preventing Collisions
at Sea.

10. The collision was occasioned by some or all of the matters
and things alleged in the 6th, 7th, 8th and 9th paragraphs hereof,
C> c)
or otherwise by. the default of the ' Sarpedon--- or those on board
her.

11. No ' blame in respect of the collision is attributable to the
Julia David--- or to any of those on board her.

And by way of counterclaim the defendants say that the collision
caused great damage to the ---Julia David

And they claim-

1. The condemnation of the plaintiffs [and their bail] in the
damage caused to the ' Julia David ' and in the costs of this action.

2. To have an account taken of such damage, with the assistance
of merchants.

3. Such further and other relief as the nature of the case may
require.

Dated the day of 19

(Signed) C.D., etc.,' Defendants.

REPLY.

In the Supreme Court of llong Kong, Admiralty Jurisdiction.

[Title of action.]

The plaintiffs deny the several statements contained in the answer
and counterclaim [or as the cage May be].

Dated the day of 19

(Signed) A-B_ etc., Plaintiffs-





(2) In an action loT salvage:

a. (The '.Crosby

PETITION.

in the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of actionj

Writ issued 19

1. The ---Asia--- is an iron screw steamship of 902 tons net
register tonnage, fitted with engine ' s of 120 horse-power nominal, is
of the value of $150,000, and was, at the time of the services herein-
after stated, manned with a crew of twenty-thre.e hands under the
command of George Hook Bawn, her master.

2. At about 9 a.m. on the 29th April, 1907, while the---Asia
which was in ballast proceeding on a voyage to Nikolaev to load a
cargo of grain, was between Udessa and Ochakov, those on board
her saw a steamship ashore on a bank situated about ten miles to
the westward of Ochakov. The---Asia---immediately steamed in the
direction of the distressed vessel, which made signals for assistance.

3. On nearing the distressed vessel, which proved to be the
Crosby -, one of the ' Asia's--- boats was sent to the ---Crobby -,
in charge of the second mate of the ---Asia -, and subsequently the
master of the ---Grosby--- boarded the ---Asia -, and at the request
of the master of the ---Grosby -, the master of the ' Asia--- agreed
to endeavour to tow the---Crosby ' afloat.

4. The---Crosby ' at this time was fast aground, and was lying
with her head about N.N.W.

5. The master of the---Asia---having ascertained from the master
of the ---Crosby--- the. direction in which the ---Crosby--- had got
upon the bank, the---Asia,---steamed up on the starboard side of the
Crosby---and was lashed to her.

6. The ---Agia--- then set on ahead and attempted to tow the
Crosby--- afloat, and so continued towing without effect until the-
hawser which belonged to, the---Asia---broke.

7. The masters ' of the two vessels being then both agreed in
opinion that it would be necessary to lighten the---Crosby--- before
she could he got afloat, it was arranged that the cargo from the
Crosby--- should be taken on board the---Asia -.

8. The ' Asia---was again secured alongside the---Crosby -, and,
the hatches being taken off, cargo was then discharged from the
---Crosby ' into the ' Asia -, and this operation was continued until
about 6 p.m., by which time about 100 tons of such cargo had been
so discharged.





9. When this had been done both vessels used their steam, and
the - Asia - tried again to get the - Crosby - off, but without
success. The - Asia - then towed with a hawser ahead of the
- Crosby and succeeded in getting her afloat, upon which the
- Crosby steamed to an anchorage and then. brought up.

10. The - Asia, ' steamed after the - Crasby - and again came
alongside of her and commenced putting the transhipped cargo again
on board the - Crosby -, and continued doing so until about 6 a.m.
of the 30th April, by which time the operation was completed, and
the ' Crosby - and her cargo being in safety.the Asia - proceeded
on her voyage.

11. By the services of the plaintiffs the ' Crosby aiid her cargo
were rescued from a very dangerous and critical position, as, in the
event of bad weather coming on whilst she lay aground, she would
have been in very great danger of being lost with her cargo.
0

12. The - Asia - encountered some risk in being lashed aloDg-
side the - Crosby ', and she ran risk of also getting aground and
of losing her charter, the blockade of the port of Nikolaev being at
the time imminent.

13. The value of the hawser of the ' Asia - broken as herein
stated was $400.

14. The - Crosby ' is an iron screw steninship of 1,118 tons net
(1,498 gross) register tonnage. As salved, the - Crosby '.' and her
carao and freiaht have. been agreed for the purposes of this action
at the value of $41,092.

The plaintiffs claim-

1. Such an amount of salva ge, regard being had to the said
agreement, as the court may think fit to award.

2. The condemnation of the defendants [and their bail] in the
salvage and in costs.

3. Such further and other relief as the case may require.

Dated the day of

(Signed) A.B., etc., Plaintiffs.

ANSWERIn the Supreme Court of Ilong Kong, Admiralty Jurisdiction.
[Title of action.)

1. The defendants admit that the statement of facts contained in
the petition is substantially corr,,et, except that the reshipment of the





cargo on board the---Crosby ' was completed by 4 a.m. on. the 30th
April, 1907.

2. The defendants submit to the judgment of the court to award
such amoderate amount of salvage to the plaintiffs in the circum-
stances aforesaid as to the said court shall seem meet.

Dated the day of 19

(Signed) C.D., etc., Defendants.

REPLY.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

The plaintiffs deny the statement contained in the 1st paragraph
of the answer, that the shipment of the cargo was. completed by 4
a.m. on the 30th April, 1907.

Dated the day of 19

(Signed) A.B., etc., Plaintiffs.

b. (The ' Newcastle

PETITION.

In the Supreme Court of Hong Hong, Admiralty- Jurisdiction.

.[Title of action.]

Writ issued 1 19

1. The---Emu ' is 9; steam tug belonging~ to the Whitby Steam
Boat Company, of six tons register, with engines of 40 horse-power
nominal, and was at the time of the services hereinafter stat~d,
manned by a crew of five hands.

2. Just before midnight on the 22nd July, 1906, when the 'Emu'
Wai; lying in Whitby harbour, her master was informed that a screw
steamship was ashore on Kettleness Point. He at once got up steam,
but was not able owing to the tide, to leave the. harbour till about
1.45 a.m. of the 2~rd.

3. About 2 a.m'. the Emu ' reached the screw steamship, which
was the ---Newcastle -, and which was last upon the rocks, with a
kedge and warp out. The wind was about N, blowing fresh; the
sea was smooth, but rising; the tide was flood.





4. The master of the ' Emu--- ofiered. his services, which were
at first declined by the master of the ---Newcastle shortly after-
wards the kedge warp broke and the ---Newcastle swung square
upon the land and more. upon the rocks. The master of the
---Newcastle--- then asked the master of the '~ Emu ' to tow him
off, and, after some conversation, it was agreed that the remuneration
should be settled on shore. It

5. About 3 a.m. those on board the ' Emu--- got a rope from the ---
Newcastle--- on board. and began to tow. After some towing this rope broke.
The tow line of the ---Newcastle--- was then got on board the ---Emu -, and
the ---Emu--- kept towing and twisting the ---Newcastle -, but was unable to
get her off till about 5 a.m., when it was near high water. The master of 'the ---
Emu--- then saw that it. was necessary to try a click or jerk in order to get the

Newcastle--- off, and accordingly, at the risk of straining his vessel, he
gave a strong click in a northerly direction, and got. the

Newcastle 11 Off.

6. The master of the---Emu-then asked if the -Newcastle- was
making water, and was told a little only, but as, he saw that the hands
were at the pumps lie kept the ' Emu---by the ' Newcastle---until
she was abreast of Whitby. He then inquired again if any assistance
was wanted, and being told thatthe---Newcastle was all right and
would proceed on her voyage, he steamed the Emu--- back into
Whitby harbour about 7 a.m.

7. About 8 a.m. a gale from N.E., which continued all that day and the
next, came on to blow with a high sea. If the 'Newcastle' had not been got
off before the gale came on, she would have gone to pieces on the rocks.

8. By the services aforesaid the Newcastle---and her cargo and the lives
of those on board her were saved from total loss.

9. The---Newcastle--- is a screw steamship of 211 tons register, and was
bound from Newcastle to Hull with a general cargo and 19 passengers. The
value of the ' Newcastle -, her cargo and freight, including passage money,
is as follows:

The ' Newcastle $30,000; her cargo, $15,000; freight and passage
money, $650;-in all, $45,650.

The plaintiffs claim

1. The condemnation of the defendants [and their bail] in such an
amount of salvage remuneration as to the court may seem just, and in the
costs of this.action.

2. Such further and other relief as the nature of the case may require.

Dated the day of 19

(Signed) A.B., etc., Plaintiffs.





ANSWIM.

in the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

1. At about 6.45 p.m. on the 22nd July, 1906, the irQn screw
steamship ---Newcastle -, of 211 tons register, propelled 'by engines
of 45 horse-power, and manned by 12 hands, her master included,
whilst proceeding on a voyage from Newcastle to Hull with cargo
and passengers, ran aground off. Kettleness Point, on the coast of
Yorkshire.

2. The tide at this time was the first quarter ebb, the.weather
was calm, and the sea was smooth, and the ' Newcastle -, after
grounding as aforesaid, sat upright and lay quite still, heading about
E. S.E . Efforts were then made to get the---Newcastle---again afloat
by working her engines, but it was found that this could not be done
in the then state of the tide.

3. At i about 10 p.m. of the said day a kedge, with a warp attached
to it, was carried out from the ' Newcastle--- by one of her own
boats and dropped to seaward, 'and such warp was afterwards hove
taut and secured on board the ---Newcastle.-, with the view of its
being hove upon when the flood tide made. Several cobles came to
the---Newcastle ' from Runswielk, and the men in them offered their
assistance, but their services, not being required, were declined.

4. At about 2 a.m. of the following morning the steam tug
Emu -, whose owners, master, and crew are the plaintiffs in this
action,.came to the---Newcastle---and offered assistance,, which wfis
also declined.

5. The flood tide was then making, and.by about 2.45 a.m. the
Newcastle ' had floated forward, and attempts were made to get
the stern of the !' Newcastle ' also afloat, and the warp attached
to the aforesaid kedge was attempted to be hove in, but the said
warp having parted, the master of the ---Newcastle--- endeavoured
ineffectually to make an agreement with the master of the ---Emu---
to assist in getting the ' Newcastle--- afloat, and at about 3 a.m.
a rope was given to the ' Emu--- from the port bow of the ---New-
castle ', and directions were given to the ---Emu -I to keep the
head of the ---Newcastle--- to the eastward in the same way as it
had been kept by the aforesaid kedge anchor and warp., The---Efflu'
then set ahead and almost immediately the said rope was. broken.
A coir hawser'was thereupon given. to the ---Emu -, and those on
board her were directed not to put any strain on it, but to keep
the ---Emu--- paddling ahead sufficiently to steady the head of the
Newcastle ', and to keep her bead to the eastward. This the
Emu--- did and continued to do until about 4.45 a.m.,,when the
Newcastle ', by means of her own engines, was moved off from
the ground, and the ---Emu ' was brought broad on the port bow





of the Newcastle -, and. the ' Emu - had to stop towing and
to shift the rope from her port bollard, where 'it was fast, to her
towing hook, but the - Newcastle - continuing to go ahead, the
said rope had to he let go on board the - Emu ' and it was then
hauled in on board the - Newcastle -. The, - Newcastle -, under
her own steam, then commenced proceeding south, the wind at the
time. beina N.N.W. and light, and the weather fine. It was after-
wards ascertained that the Newcastle - was makin- a little water
in her afterhold, and her hand pumps were then worked, and they
kept the Newcastle - free.

6. The - Emu proceeded back with the ' Newcastle ' as far
as Whitby, and the Newcastle - then continued on her voyage and
arrived in the lluniber at about 2.45 p.m. of the sarne day.

7. Durin- the tirne aforesaid the master, crew, and passengers
0 ty
of the - Newcastle - remained on board the Newcastle -, and no
danger was incurred in their so d&ng.

8. Save as herein appears, the defendants deny the truth of the
several statements contained in the petition.

.9. The.defendants have paid into court and tendered to the
plaintiffs for their services the sum of $1,000 and have offered to pay
their costs, and the defendants submit that such tender is sufficient.

Dated the day of 19

(Signed) C.D., etc., Defendants.

(8) In an action for distribution of salvage:

PETITION.

In the Supreme Court of Hong'Kona, Admiralty Jurisdiction.

[Title of action.]

Writ issued 19

1. Describe bri6fly the salvage services, stating the part taken in
them by ~he plaintiffs, and the capacity in which they were serving.

2. The sum of $ has been paid by the owners of the
ship, etc.: [state name of ship or other property salved] to the
defendants, as ovmers of the ship [state name of salving ship], and
has been accepted by them in satisfaction of their claim for salvage,
but the said defendants have not paid, and refuse to pay, any part
of that sum to the plaintiffs for their share in the said salvage
services.





The plaintiffs claim-

1. An equitable share of the said sum of $ to be
apportioned among them as the court shall think fit, and the costs of
t 0
this action.

2. Such other relief as the nature of the ease may.~equire.

Dated the day of 19

(Signed) A.B., etc., Plaintiffs.

(4) In an action for iii(~.stci.'s icages and digbttrsciiicnts:
a. C' The Princess

PETITION.

In the Supreme Court of llong Eong, Admiralty Jurisdiction.

[Title of action.]

Writ issued 19

1. The plaintiff, on the 10th February, 1907, was appointed by
the owner Of the British barque ' Princess proceeded against in
this action, master of the said barque,. and it was acreed between
the plaintiff and the said owner that the wages of the plaintiff as
master should be $100 per month.

2. The plaintiff acted as master of the said barque from the said
10th February until the 2.5th October, 1907, and there is now due to
him for his wages as rnaster during that time the sum of $850.

3. The plaintiff, as master of the said barque, expended various
sums of money for necessary disbursements on accou ' nt of the said
barque; and there is now due to him in respect of the same a balance
of $350.

The plaintiff claims-

1. A decree pronouncing the said sums, amounting in the whole
to $1,2(0, to be due to him for ~es and disbursements, and
0
directing the said vessel to be sold and the amount due to. him to
be paid to him out of the proceeds.

2. Such further and other relief as the nature of the case may
require.

Dated the day of 19

(Signed) A.B., Plaintiff.





b. (The, ' Northumbria

PEnTION.*

In the Supreme Court of Hong Kong, Admiralty Jurisdicti~)n.

[Title of action.]

Writ issued

1. In or about the month of July, 1905, the plaintifi was engaged
by the owners -of the British ship---Northumbria--- to serve on board
her as her master, at wages after the rate of $130 per month, and
he entered into the service of the said ship as her master. accordingly,
and thenceforward served on board her in that capacity and at that
rate of. wages until. he was discharged. as hereinafter stated.

2. When the plaintiff Po entered into the service of the said ship
she was- lying at the port of North Shields in the county,of Northum-
berland, and.she thence sailed to Point de Galle, and thence to divers
other ports abroad, and- retunied home to Cardiff, where she' arrived
on the 1st October, 1907.

3. The ---Northumbria -, after having received divers repairs at
Cardiff left that port on the'5th November, 1907, under the command
of the plaintiff on a - vo ag , which is thus described in the ship's
y VC
articles signed by the plaintiff and her crew before commencing the
same, viz., ' A voyage frorn Cardiff to'Bahia or Fernambuco, and
any ports or places in the Brazils, or North or South America,
' United States of America, Indian, Pacific, or Atlantic Oceans,
---China or Eastern Seas, Cape Colonies, West Indies, or Continent
of Europe, 'includina the Mediterranean Sea or Seas adjacent,
to and fro, if required., for any period not exceeding threc.years,
but finally to a port of d.ischar,-,q in the. United Kingdom or Con-
tinent of Europe.'

4. The ---North umbria after so leaving Cardiff, met with bad
weather and suffered damage, and was compelled to put back to
Falmouth for repairs before again proceeding on her voyage.

The plaintiff was ready and willing to continue in the service
of the -.Northumbria '', and to perform his duty as her master
on and durim, the said voyage, but the defendants, the owners of
the ---Northumbria -, wrongfully and without reasonable cause dis-
charged the plaintiff on the. 23rd November from his employment
is master, and appointed another person as master of the ' Northum-
bria ' on the said voyage in the place of the plaintiff, and thereby
heavy damage and loss have been sustained by the plaintiff.
6. The plaintiff, whilst he acted as master of the ' Northum-
bria -, earned his wages at the rate aforesaid; and he also, as' such
master, made divers disbursements on account of the ' Northum-
bria '; and there was due and owing to the plaintiff in respect of such
his wages and disbursements at the time of his discharge a balance





of $1,080, which sum the defendants without sufficient cause have
neglected and refused to pay to the plaintiff.

The plaintiff claims-

1. Payment of the sum of $1,080, the balance due to the plaintiff
for his waces and disbursements, with interest thereon.

2. Damages in respect of his wrongful discharge by the, de-
fendants.

3. The condemnation of the defendants [and their bail] in the
amounts claiined by or found due to the plaintiff.

4. To have an.account taken [with the assistance of merchants]
of the amount due to the plaintiff in respect of his said wacr 8
. e
and disbursements, and for dainages in respect of such wrongful
discharge.

5. Such further and other relief as the nature of the case may
require.

Dated the day of 19

(Signed) . A.B., Plaintiff.

ANSWER.

In the Supreme Court of Hong Rong, Admiralty Jurisdiction.
[Title of action.]

1. The defendants admit the statements made in the 1st, 2nd,
3rd and 4th paragraphs of the plaintiff's petition.
0

2..Whilst the ' Northumbria--- was upon her voyage in the
said 3rd paragraph mentioned, and before and until she put into
0
Falmouth, as in the said 4th paragraph mentioned, the plaintiff was
frequently under the influence of drink.

'3. During the night of the 10th November, 1907, and the morn-
ing of the 11th November, 1907, whilst a violent gale was blowing and
the ship was in danger, the plaintiff was wholly drunk and was
incapable of attending to his duty as master of the said ship; and
in consequence of the condition of the plaintiff much damage was
done to the said ship, and the said ship was almost put ashore.

4. The damage in the 4th paragraph of the petition mentioned
ty
was wholly or in part occasioned by the drunken condition of the
plaintiff during the said voyage from Cardiff to Falmouth.

5. The defendants, having received information of the above
facts on the arrival of the said ship at Falmouth, and having made





.,due inquiries concerning the same, had reasonable and probable cause
to and did discharge the plaintiff from his employment as master of
the said ship on the 23rd November, 1907.

6. The plaintiff on the 12th November,- 1907, whilst the said
ship was at Falmouth, wronAully and improperly tore out and
destroyed certain entries which had been made by the mate of the
said ship in her loo-book relating to the said voyap from Cardiff
to Falmouth; and the plaintiff substituted in the said log-book entries
made by himself with intent to conceal the. true facts of the-said
voyage from the defendants.

7. The defendants bring into court the sum of $1,040 in respect
of the plaintiff's claim for wages and disbursements, and say that
the said sum is enough to satisfy the plaintiff's said claim in that
behalf. The defendants offer to pay the plaintiff's costs to this time
in respect of those two causes of action.

Dated the day of 19

(Signed) C.D., E.F., etc., Defendants.

REPLY.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
The plaintiff denies the several statements contained in the
answer [or as the case may be].

Dated the day of

(Signed) A.B., Plaintiff.

(5) In. an action far seamen's wages:

PETITION.
In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title of action.]

Writ issued ' 19

1. The plaintiff, A.B., was engaged as mate of the British brig
Bristol--- at the rate ' of $ per month, and in pursuance
of that engagement served as mate on board the said brig from the
day of 1 19 1 to the day of
19 and durin. that time as mate of the
0





said bria earned wages amountino, to $ After giving
credit for the sum rece;*ved by him on account, as shown in the
Schedule hereto, there remains due to him for his wages a balance
of $

2. The plaintiffs, C.D., E.F., and G.H. were engaged as able
seamen on board the said brig, -and, having in pursuance of that
a tl
engagement served as able seamen on board the said brig during
the periods specified in the Schedule hereto, earned thereby as wages
the sums set forth in the same Schedule, and after giving credit
for the sums received by them respectively, on account of the said
wages, there remain due to them the following sums, namely

To C.D. the sum of $
To E.F. $
To GM. $

3. The plaintiffs J. K. and L.M. were engaged as ordinary seamen
0 7
on board the said brig, and, having served on board the same in
pursuance of the said engagement during the periods specified in
the Schedule hereto, earned thereby the sums set forth in the same
Schedule, and after giving credit for the sums received by them
respectively, on account of the said wages, there remain due to
them the following surns, namely:-

To J.K. the sum of $
To L.M. it $

SCHEDULE referred to above.

Wages due to AJ3., mate, from the 19 to the
2 19 months and days,' at
per month.

Less received on account $

Balance due . ......

Wages due to C.D., able seaman, from.the 19 to
the 19 months and days, at $
per month.

Less received on account ........

Balance due .........

land so on itith the wages due to the other plaintiffs.]





The plaintiffs claim-

1. The several sums so due to them respectively, with the costs
of this action.

2. Such other relief as the nature of the case may require.

Dated the day of 19

(Signed) A.B., etc., Plaintiffs.

(6) In an action for bottomry:

PETITION.

In the Supreme Court of JIong Kong, Admiralty Jurisdiction.

[Title of action.]

Writ issued 19

1*. In the month of July, 1906, the Italian barque - Roma
Capitale ' was lying in the port of Rangoon in the Pegu Division
of British Burmah, and Pietro Ozilia, her master,'being in want
of funds, was compelled to borrow on bottomry of the said barque
and her freight from the Cassa Marittima di Genova the sum of

and supplies of the said vessel in the said port of Rangoon, and
to enable her to prosecute her voyage from Rangoon to Akyab and
thence to

T. Accordingly, by a bond of bottomry dat ed the 11th day of
the said month of July and duly executed by him, the said Pictro
~Ozilia, in consideration of the sum of
Cassa Marittima di Genova upon the said adventure upon the.said
barque and freight at the maritime premium of 23 per cent., bound
himself and the said barque and the freight to become payable
0
in respect of the said voyage to pay to the said Cassa Marittima, di
Genova, their successors or assigns, the sum of
included the principal charges and the maritime interest due
thereon), within 30 days after the said barque should arrive at her
port of discharge; and the said bond provided that the said Cassa
Marittima . di Genova 'should take upon themselves the maritime
risk of the said voyage.
3. The - Roma Capitale ' has since successfully prosecuted her
said intended voyage for which the aforesaid bond was granted, and
arrived atas her port of discharge on or about the
30th March, 1907.
4. Before the issue of the writ in this action the said bond
became due and payable, and was duly indorsed by the said Cassa





Marittima di Genova to the plaintiffs, who thereby became and are
the legal holders thereof, and the sum of
and owing there-on to the plaintiffs.

The - plaintiffs claim-

1. A-declaration for the force and validity of the said bond.

2. The condemnation of the said barque - Roma Capitale - and
her freight in the equivalent in Hong Kong currency of the sum
of
per annum from the time when the said bond became payable, and
in costs.

3. A sale of the said barque and the applica6on'of the proceeds
of her sale and of her freight in payment to the plaintiffs of the
said amount and interest and costs.

4. Such further and other relief as the nature, of the case may
require.

DaIed the day of

(Signed)A.B., etc., Plaintiffs.
0

(7) In an action for mortgage:
PETITION.In the Supreme., Court of llon- Rong, Admiralty Jurisdiction.
[Title of action.]

Writ issued 19

1. The above-named brigantine.or vessel -Juniper- is a British
ship belonaing to the port of of the.re-istered
r) 0 ZY
tonnage of 109 tons or thereabouts, and, at the time of the mortgage
0
hereinafter mentioned, Thomas Brock, of was the
registered owner of the said brigantine.

2. On the 4th July, 1906, 32-64th parts or shares of the said
brigantine were mortga-ed by the said Thomas Brock to the plaintiff,
to secure the payment. by the said Thomas Brock to the plaintiff
of the sum of
5 per cent. p& annum on or before the lsit July, 1907-

3. The said mortgae 'of the - Juniper - was made 1)v an
0 '1
4i1I July, 1906, in the foym presieribe~ by
,instrument dated LLe
the 1Merehant Shipping Act, 1,90-4, and wa . s duly registered in accord-
ance with the provisions of the said Act.





4. No part of the said principal sum. or ~interest has been paid,
and there still remains due and owing to the plaintiff on the said
mortgage security the principal sum of
sum of money for interest and expenses, and the plaintiff, although
he has applied to the said Thomas.Brock for payment thereof, cannot
obtain payment without the assistance of this. court.

The plaintiff claims-

1. Judgment for the equivalent' in Hong Kong currency of the
said principal sum of

2. 1 To lia;ve an account taken of the amount due to the plaintiff.
3. Payment, put of the proceeds of the said brigantine now
remainina in court, of the amount found due to the plaintiff, to-ether
with costs.
4. Such further and other relief as the nature of the case ma y
require.

Dated the day of 19

(Signed) A.B., Plaintiff.

(8) In an action between co-owners (for account).

PETITION.

In the Supreme Court of Hong Kong, -Admiralty Jurisdiction.

[Title of action.]

Writ issued 19

1. The ---Horlock is a sailing ship of about 40 tons register,
trading between abd

2. By a bill of sale, duly registered on the llth June, 1897,
the defendant, John Ilorlock, who was then sole owner of the
above-named ship ---Horlock -, transferred to Thomas, Worraker, of
, 32-64th parts or shares of the ship for the sum
of $3,200..

3. By a subsequent bill of sale, duly registered on the 16th
December, 1906,. the said Thomas Worraker transferred his said
32-64th shares of the ship to George Wright, the plaintiff, for the
sum of $1,750.

4. The defendant, John Horlock, has had the entire management
and the command of the said ship from the llth June, 1897, down
-to the present time.





5. The defendant has from time to time, up to and including
the 24th September, 1904, rendered accounts of the earnings of the
ship to the aforementioned Thomas Worraker, but since the said
24th September, 1904, the defendant has rendered no accounts of
the earnings of the ship.

6. Since the 16th De.cem~er, 1906, the ship has continued to
trade between and and the plaintiff has
made several applications to the defendant, John Horlock,. for an
account of the earnings of the ship, but such applications have proved
ineffectual.

7. The plaintiff is dissatisfied with the management of the ship,
and consequently desires that she may be sold.

The plaintiff claims-

1. That the court may direct the sale of the said ship
Horlock

2. To have an account taken of the earnings of the said ship,
and that the d * efendanf may be condemned in the amount which
shall be found due to the plaintiff in respect thereof, and in the
costs of this action.

3. Such further or other relief as the nature of the case may
require..

Dated the day of 19

(Signed) , G. W, Plaintiff.

ANSWER.

In' the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

1. The defendant denies the statements contained in paragraph
2 of the petition.

2. The defendant further says that he never at any time signed
any bill of sale transferring any shares whatever of the said ship
' Horlock ' to the said Thomas Worraker, and further says that,
if any such bill was registered as alleged on the 11th June in the
said paragraph 2 (which the defendant denies), the same was made
and registered fraudulently and without the knowledge, consent, or
authority.of the defendant.

3. The defendant does not admit the staternents contained in
paragraph 3 of the petition, and says that if the said Thomas
Worraker transferred any shares of the said ship to the plaintiff





as alleged (which the d . efeadant does not admit), he did so wrone,
0
fully, and unlawfully, and that he had not possession of or any right
to or in respect of the said shares.

4. The defendant denies the statements contained in paragraph
5 of the petition, and says that he never rendered any such accounts
as alleged therein.

5. The defendant does not admit the statements contained in
paragraph 6 of the petition.

Dated the day of

(Signed) J. H., Defendant.

REPLY.

In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
T
[Title of action.]

The plaintiff denies the several statements in the answer.

Dated the day of 19

(Sigiled) G. TV., Plaintiff.

(9) In an action for possc38ion:

PETITION.

In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of actionj
Writ issued 1 19

1. The plaintiffs are registered owners of 44-64th shares in the
British ship - Native Pearl ', and such shares are held by them
respectively as follows:-

Morgan Parsall Griffiths is owner of ' 16-64th sharep, Edmund
Nicholls of 8-64th shares, William Aleager of 4-64th shares, Isaac
0
Butler of 8-64th shares, and William Herbert of 8-64th shares.

2. The only owner of the said ship other than the plaintiffs
is John Nicholas Richardson, whoi is the registered owner of the
remaining 20-64th shares of the said ship, and has hitherto acted
as managing owner and ship's husband of the said ship~ and has
possession of and control over the said ship and her ee4i~cate of
registry.





3. The' defendant, the said John Nicholas Richardson, has not
managed the Said ship to the satisfaction of the plaintiffs, and has,
by his managementof her, occasioned great loss ~o the plaintiffs:
and the plaintias in c*onsequenw thereof, before the commencement
of this action, gave notice to the defendant to cease acting as
managing owner and ship's husband of the said ship, and revoked
his authority in that behalf, and demanded'from the defendant the
possession and control of *the said ship and of her certificate of
registry; but the defendant has refused and still refuses to give
possession of the said ship and certificate to the plaintiffs, and the
plaintiffs cannot obtain possession of them without the assistance of
this court.

4. The defendant has neglected and Yefused to render proper
accounts relating to the management and earnings of the said ship,
and such accounts are still outstanding and unsettled between the
plaintiffs and the defendant.

The plaintiffs claim-

1. Judgment giving possession to the plaintiffs of the said ship
and of her certificate, of registry..

2. To have an account taken, with the assistance of m erchants,
of the earnings of the ship.

3. A sale of the defendant's shares in the said ship.

4. Payment out of the proceeds of such sale of the balance, if
any, found due to the plaintiffs and of the costs of this action.

5. Such further and other relief as the nature of the case may
require.

Dated the day of 19
(Signed) .]I.P.G., etc., Plaintiffs.
0

(10) In an action for necessaries:

PETITION.

In the Supreme Court of Hong Kong Admiral . ty Jurisdiction.
[Title of action.]
Writ issued

1. The plaintiffs, at the time of the occurrences hereinafter men
tioned, carried on business at the port ofasi bonded
Store and provision merchants and ship chandlers.





2. The ---Efactoria--- is a Greek ship, and in' the months of
June, July, August and September, 1906, was lying in the said port
of under the command of one George Lazzarp, a
foreigner, her master and o~vner, and in the said month of September
she proceeded on her voyage to

3. The plaintiffs, at the request and by the direction of the said master,
supplied, during the said months of June, july, August and September, 1906,
stores and other necessaries for the necessary use of the said ship upon the
said then intended voyage to the value of
acceptance wad given by the said George Lazzaro, to the plaintiffs; but on
the. 4th.February, 1907, the said acceptance, which then became,due, was
dishonoured, and the said sum of
the said 4th,February 1907, still remains due and. unpaid to the plaintiffs.

4. In the month of August aforesaid the plaintiffs, at the
request of the said master, advanced to him the sum of
the, necessary disbursements of the! said ship at the said port of
and otherwise on account of the said ship; and
also at his request paid the sum of
supplied for the necessary use of the said ship on.the said voyage;
and ~of the sums so advanced and paid there still remains due and
unpaid to the plaintiffs the sum 91
the 5th January, '1907, on which last-mentioned day a promissory
note given by the said George Lazzaro to the plaintiffs for the said
sum of

5. The plaintiffs, also, at the paid master's request, between .the 1st
September, 1906, and the. commencement of this action, paid various sums
amounting to

6. The said goods were. supplied and the said sums advanced and paid
by the plaintiffs upon the credit of the said ship, and not merely on the
personal credit of the raid master.

The plaintiffs claim

Judgment for the equivalent in Hong Kong currency of the said
sums of

2. That the defendant [and his bail] be condemned therein, and in costs:

or

2. A sale. of the said ship, and paym2nt of the said sums and interest
out ot the proceeds of such We, -together with costs.





3. Such further and other relief as Ghe nature of the case may
require.
Dated the day of 19

(Signed) A.B., etc., Plaintiffs.

(11) In an action for condemnation of a ship or cargo, etc..

PETITION.In the Supreme Courtof Hong Kong, Admiralty Jurisdiction.
[Title of action.]

Writ issued 1

State briefly the circumstances of the seizure, or, if an affidavit of
.the circumstances has been filed, refer to the affidavit.
A.B. [state name of person suing in the name of the Crown]
claims-
The condemnation of the said ship land her cargo,
ar as the case may be], on the ground that the said ship, etc., was,
at the time of the seizure thereof, fitted out for or engaged in the
slave trade [or as having been captured from pirates, or for violation
of the Act . B. or as the case may be].
Dated the day of 19

(Signed) A. B.

(12) In an action for restitution of a ship or cargo:

PETITION.In the Supreme Court of Hong Kong, Admiralty. Jurisdiction.
[Title of action.]

Writ issued 19
State briefly the circumstances. of the seizure.
A.B. [state name of person claiming restitution] claims-
The restitution of the said vessel land her cargo, or as
the case may be,] together with costs and damages for the seizure
thereof [or as the case may be].
Dated the day of

(Signed) A.B., Plaintiff.

As amended by Law Rev..Ord., 1937..





(13) In a, piracy case, where the captors intend to apply forJ
bounty, add-

A.B. further 'prays the court to declare

(1) That the persons attacked or engaged were pirates.

(2) That the total number -of pirates. so attacked or engaged was
of whom were captured.
(3) That the vessel [or vessels and boats] engaged was [or wer(j]-
land J`
J.
Dated the day of

(Signed) A,B.

(14) In an action for recovery of any pecunia,.y forfeiture or.
penalty:
PETITION.

.In the.Supreme Court of ~long Kong, Admiralty Jurisdictioll.
[Title of a ction.]
Writ issued 19

State briefly the circumstances, and the Act and section of the
Act, under which the penalty is claimed.
I, A.B., claim to have the defendant condemned in a penalty
of $ and in, the costs of this action.

Dated the day of 19

(Signed) A. B., Plaintiff.

FoRm No. 22. [Rule 66.]
NoTict OF moTioN.

In the.Supreme Court.of ~long Kong, 4dmiratty. jurisdi ction.
[Title 61 action. 1

Take notice that on [state day of,.week] the -day of.
1 19 , the plaintiff [or defendant] will [by.11
counsel, 'or by his solicitor, if`the motionis to be made by counsel
or. solicitor] move the judge in court [or in chambers, as the case
inay be] to order that [state nature; of~ brder td be inoved for. In a'





notice of motion to vary a report of the Registrar, the items objected
to must be specified].

Dated the day of

(Signed) A.B., Plaintiff [or C.D., Defendant.]

FORm No. 23. [Rule 71.]
NOTICE OF TENDER.In the Supreme-Court of ~long Kong, Admiralty Jurisdiction.
[Title of action.]

Take notice that I have paid into court, and tender in satisfaction
of the plaintifi's claim [or as thexase may be] [if the tender is for -
costs also, add including costs,] the sum of [state sum tendered both
in letterrs and figures, and what terms, if any, the tender
is made].,

Dated this day of' 19

(Signed) C.D., Defendant.

FORM No. 24.. [Rule 71.]
NOTICE ACCEPTING OR REJECTING TENDER.In the Supreme Court of Rong Kong, Admiralty Jurisdiction.
[Title 6f action.]
Take notice that 1 accept [07 reject] the tender made by the
.defendant in this action~
Dated the day of 19

(Signed) A.B., Plaintiff.

FORm No. 25. [Rule 78.]

NOTICE FOR EMARINo.
In the Supreme Court of Hong Kong,. Admiralty Jurisdiction.
[Title of. actionJ
Take notice that I set down this action for.hedring..

Datea thia day of 19

iff [or C.D., Defendant.]
,,..,,(Signed) . A.B., Plainti





Fonm No. 2.6.' [Rule
REMSTRAR'S REPORT.
[.L. s.In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

Whereas by a decree of the court, dated the day of
, 19 . , the.court pronounced in favour of the
plaintiff [oT defendant], and condemned the defendant [or plaintiff]
and the ship [ar as the case may be] in the amount
to be found due to the plaintiff [or defendant] [and in costs], and
the court further ordered that an, account should be taken, and
referred the same. to the Registrar [assisted by merchants] to report
the amount due: Now 1 do report that 1 have, with the assistance
of [here state names and description of asse3soTs, if any], carefully
examined the accounts and vouchers and the proofs brought in by
the plaintiff [or defendant] in support of his claim for counter-
claim], and having on the day of 19 heard
the evidence of [state names] who were'examined as witnesses On
behalf of the plaintiff, and of (state names] who were examined as
witnesses on behalf bi the defendant, [and having hea-rd the solicitors
(or counsel) on both sides, or as the case may be], I find that there
is due to the plaintiff [or defendant] the sum of $ [state
sum* in letters and figures] together with interest thereon as stated
in the Schedule hereto annexed. 1 am also of opinion that the
plaintiff* [or defendant] is entitled to the costs of this reference [or*
as the case may be].

Dated the day of 19

(Signed) E. F.,. Registrar.

SCREDULi annexed to the foregoing report.

Claimed. Allowed.

NO. 0. 6.
1[Here state as briefly mpossible
2 the 8everat items ofthe
$1,0W

3 claim, with the amount claim-
4 ed and allowed on each item
in the columns for figures
etc. opposite the item.]

Total ......





With interest thereon from the day of 19
at the rate of. per cent. per annum.until paid.

(Signed) E.F., Registrar.

FORM No. 27. [Rule 112.]

C031MISSION OF' APPRAISEMENT.

[j,.s.] In the Supreme Court of Hono, Kon., Admiralty Jurisdiction.

[Title of Action.]

GEORGE by the Grace of God, etc.

To th e bailiff of Our Supreme Court of Hong Kong, greeting.

Whereas Our said court has ordered that [state whether ship or
cargo, and state naine of ship and, if part only of cargo, state what
part] shall be appraised: We, therefore, hereby command you to
reduce into writing an inventory of the said [ship or cargo, etc.,
as the'case may' be], and haviiig chosen one or more experienced
persons, to swear him or them to appraise the same according to'~
the true value thereof and when a certificate.of such value has been
reduced into writing, and signed by yourself and by th ' e appraiser
or appraisers, to file the same in the Registry of Our said court,
together with this commission.

Given at in.Our said court, under the seal thereof,
this day of 19
(Signed) E. F., Registrar.
Commission of appraisement.

Taken out by

FOR m No. 28. [Rule 112.1

COMMISSION OF SALE.

[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.

[Title of action.]

GEORGE by the Grace of God, etc.
To ths bailiff of O~r Supreme Court.of Hong Kong, greeting.
whereas Our said court' has -ordered th at .[state whether ship
or cargo, and state name of ship, and, if part only of cargo, what
.part] shall be hold: We, therefore, hereby command you to reduce





into writing an inventory of the said [ship or cargo, ote . as the'
case may b c ], and to. cause: the -said [ship or cargo, etc., as the
case may be,] to be sold,b~y,public auction for the highest price that
can be obtained for the. same.
And We further command you, as goon as.the sale has been
completed, to pay the proceeds arising therelrom into Our said court,'
and to file an account sale signed by you, together with this
commission.
Given at in Our said court, under the seal thereof
this day of*.

(Signed) E.F., Registrar.
Commission of sale.
Taken out by

FoRm No. 29. [Rule 112.1

C631MISSION OF SAIX ANI) APPRAISEMENT.

[.L.,s.] 1n the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
GEORGE by---the Grace of God, etc.
To the baili~ of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered tha t [state whether ship
Pr cargo, and state name of. ship', and, if part only of cargo, what
part] shall be appraised. and sold: We, therefore, Irereby *coxnmtnd -
you to reduce into writing an inventory of the said fship or, cargo,
etc., as ihe case may be], and having chosen one or more experienced
persons, to swear him or them to appraise the same acce;tding to
the true value thereof, and when a certificate of such value has been
reduced into writing and signed by yourself and by t~o appraiser
or appraisers, to cause- the said [ship, or cargo, etc., as -the case
may be,], to be,sold by public auction for the highest price, not
under the appraised value thereof, that can be obtained for the
same.
And We further tommand you, as soon as the sale has been
completed, to pay.the proceeds arising therefrom into Our said court.
and to file. the sai& certificate of appraisement and 1 an account sale
signed by you, together with this ~commission.
Given at in Our said, court, under.the seal thereof,
this day of 19

(Signed) B.F., Registrar...,.
Commission of appraisement and.sale.
Taken out by'





FoRm No. 30. [Rule 112.]
COMMISSIOX. OF REM[j,.s..] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.. [Title
of action.]

GEORGE by the Grace of God, etc.
To the bailiff of Our Supreine Court of Hong Kong., greeting.

Whereas Our said court has ordered that the [state naine and
description of ship] sliall be removed from to

on a policy of insurance in the sum of $ being deposited in the
Registry of Our said court.; and whereas a Policy of insurance for the
said sum has been so deposited. We, therefor4, he'reby command
you to cause the said ship to be removed accordingly.

And We further command you, as soon as the removal has been
completed, to file a certificate thereof, si-ned by you, in the said Registry,
together with this commission.

Given at in Our said court, under the seal thereof ,
this day of 19

(si'lled) E.F., Registrar.

Commission of removal.
Taken. out by

FoRm N.M.31. [Bule'112.1

COMMISSION FOR DISCHARGE OF CARGO.
[L.S.1 In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

GEORGE by the Grace of God, etc.
To the bailiff of OUT SUPT0ne Cour . t of Hong Kong, greeting.

Whereas Our said court has ordered that the cargo of the ship

shall be discharered:. We, therefore, hereby command

c

you to discharge the said cargo from on board the said ship, and to

0 0

put the same into some fit'and proper place of deposit.

And We further command you, as~ soon as the discharge of the

C5

said cargo has been completed, to file your certificate thereof in the Registry
of Our said court,.toaether with.this commission.

Given at in Our said court, under the seal thereof,
this* day of

(Signed) E.F., Registrar.
Commission for discharge of cargo.

Taken. out by





FORm No. 32
[Rule 112.1

COMMISSION FOR DEMOLITION' AND SALE
(In a slave trade case.)
[L.s.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action,.]
GEORGE by. the Grace of God, etc.
To the bailiff of Our Supreme Court of Hong Kong, gr~etittg.
We hereby command you, in pursuance of the decree of the judge
of Our said court to that effect, to cause the tonnage of the vessel
to be ascertained by such rule as shall for the
time being be in force for the admeasurement of British vessels,
and further to cause the said 'vessel to be broken up, and the
materials thereof to be publicly sold in separate parts (together with
her cargo, if any) for the highest price that can be obtained for the
same.

And We further. command you, as soon as the sale has been
completed, to pay the proceeds arising therefrom, into Our said court,
and to file an account sale signed by you, and a certificate signedby
you of the admeasurement and tonnage of the vessel, toaether with
this commission.

Given'at in Our said court, under the seal thereof,
this day of 19

(Signed)E.F., Registrar.
Commission for demolition and sale.
Taken out by

FoRm No. 33. [Rule 117.]

ORDER FOR INSPECTIONIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

On the day of 19
Before
The court, on the application of [state whether plaintiff or
defendant] ordered that the shipshould be inspected by
[state whether by the bailiff, or by the assessors of the court, or a78
the ca8e.may be], and that a report in writing of the inspection should
be lodged by him [or them] in the Registry of the court*.

(Signed) E.F., Registrar.





FORM 'No. 3.4. [Rule 118.1
NOTICE OF DISCONTINUANIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

Take notice that this action is discontinued.

Dated the day of 19

(Signed) A. B., Plaintiff.

FoRm No. 35. [Rule 118.]
NOTICE TO ENTER JUDGMENT FOR COSTSIn the Supreme Court of Hong'Kong, Admiralty'Jurisdiction.
[Title of action.]

Take notice that 1 apply to have judgment entered for my costs
in this action.

Dated the day of 19

(Signed) C.D., Defendant.

FoRm No.. 36. [Rule 128.]
NOTICE OF APPEAL TO HIS MAJESTY IN COUNCM.In the Supreme Court of Hong Kong, 4dmiralty Jurisdiction.
[Title of action.]

Take notice that 1, A.B., plaintiff [or defendant] appeal from
..the decree [or order) of the Full Court.. made. the day of
19:

Dated this day of 19

(Signed) A.B., Plaintiff for Defendant.]





FoRM. No. 37. [Rule 135.1
ORDE1t FOR PAYMENT.OUT OF COURT.
[D.s.] In the Supreme Court of Hong Kon&, Admiralty Jurisdiction'.
[Title of action.]
I, .Chief Justice ~ [or jydge] of the* said $upreme
Court, hereby order payment of the sum of [.stale surn in lette78.1
dollars, being the amount, [state whether fb-tii?(1 dac f0T damages ~or
j -
costs, or te idered in the action, or (is the case mai be] to he
y - paid
to [state name and address of party or solici ' tor to whom the money
is to be paid] out of the [proceeds of sale of ship, etc., or as the
ca.-e-.ntay be] now remaining in court.

Dated the day of 19

(Signed) J.K., Chief Justice [or Judge.]
Witness.

(Signed) E.F., Registrar.
42
FORM NO. 38. [Rule. 136.1
NOTICE FOR CAVEIAT WARIn the Supreme Court of )EIong Kong, Admin. lty Jurisdiction.
[Title of action.
Take notice that 1, A.B., of -apply for a caveat
against the issue of any warrant for the arrest of [state name and
natuTr, o property], and I undertake, within three d.,,.ys after being
f cl
required to do so, to give bail to any action or counterclaim that
may have been or may be brought against the same in this ~ourt
in a sum 130t exceeding [state 8,tim in letters] dollars, or to pay such
p
sum into court.

Aly address for service is

Dated the day of 19

(Signed) A.B.

Foitif No. 39. [Rule 136.1
CAVEAT WARRANT.
In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action. I
Caveat entered this day of 1(3 ugainst
the issue of any warrant for the arrest of [state nanic and nature





'Of property], withodt notice being first given to'[state name and
address of person to zvhotit, and address at which, notice is to be
given], who has undertaken to give bail to any 6ction or counter-
claim lliat inay have been or may be brought in the said court
the said [state napkic anti naturc of property].

On ivithdi.atual of caveat, add-'

Caveat withdrawn this day of 19

FORm No. 40. [Rule 137.1

NOTICE' FOR CAVEAT RELEASE.

In the Supreme Court of llong Kong, Admiralty Jurisdiction.
[Title of action.]

Take notice that 1, A.B., plaintiff [or defendant] in the above-
narned action, apply for a caveat against the release of [state name
and.nature of property].

[If the. person applying for t h c ea veat is not a party to the
action, lie must also state -his address and.an address for service
ivithin three miles of the Registry.]

Dated the day 61

(Signed) A.B.

FoRbi No. 41. [Rule 1.37.1

CAVEAT RELEASE.

In the Stipre.me Court of lIong Kon-, Admiralty Jurisdicti6n.

[Title, of action.]

Caveat entered this day of 19 against
tlle,,issue' of any release of [state name and n ature. of.propertly] by
[state name and address of person entering caveat and his address
for service.]
On Withdrawal of cavea't, a',dd-

Caveat withdrawn this day of





FORM No. 42. [Rule 138.

NOTICE FOR CAVEAT PAYMENT.
In the. Supreme Court of llong'Konc,, Admiralty Jurisdiction.*
[Title of action.]
Take notice that 1, A.B,., plaintiff [or def .. endantl in the above-
named action, apply for a caveat against the payment of any money
[if for costs, add for costs, or as. the case i~ay be]' out of the
proceeds 6f the sale of' [state whether ship or cargo, and name of
ship, etc.] now . 'remaining. in court, without notice being first given,
to me.
[II the person applying for the caveat is not a party to the action,
lie must also state his address ahd an address for' service within
three miles of the Registry.]
Dated the day of 19

(Signed) A.B.

FORM No. 43. [Rule 138j,

CAVEAT PAYNiENT.
In the Supreme Court of Kong Kong, Admiralty Jurisdiction.
[Title of action,]
Caveat entered this day of 19 against
the payment of any money [if for costs, add forcosts, or as the
case 1 may be] out of the.proceeds of the sale of [state whether ship
or cargo, and, if ship, state name of ship, etc.] now remaining in,
court, without notice being* first given to [state name and address
of person to.w'hom, and addressat-which, notice is to be given].
On withdrawal of caveat, add-
Caveat. withdrawn this day of 19

FORM No. 44. [Rule 143.1

NOTICE FOR WITHDRAWAL CP CAVEAT.
In the, Supreme Court.of Rong 11Cong, Admiralty Jurisdiction.
[Title of action.]
Take notice that 1 withdraw the caveat [state whether caveat
warrant, release, or payment] entered by me in this action [or.as
,the case may be].
Dated the day of 19

(Signed) A.B.





FoRm No. 45. [Rule 144.]

ORDER FOR PAYMENT.
[j,.s.] Inthe Supreme Court of Hong. Kong, Aamiralty Jurisdiction.
[Title of action.]
Dated the day of 19
Before
It is ordered.that A.B., plaintiff [or defendant, etc.] do pay to
C.D., defendant [or plaintiff, etc.], within days, from the date
hereof, the sum of [state sum in letters] dollars, being the amount
[or balance of the amount] found due from the said A.B. to the
said C.D. for [state whether for damages, salvage or costs, or, as
the case may be] in the above-named action.

(Signed) E.F., Registrar.

FoRm No. 46. [Rule 145.]

IL.S.] In the.Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of a~tion.3
GEORGE by the Grace of God, etc.
To the bailiff-of Our Supreme Court of Hong Kong, greeting.
Whereas Our said court has ordered [state name and description
of person to be attached] to be attached for [state briefly the ground
of attachment] : We, therefore, hereby command you to attach the
said and to bring him before Our said court.
Given at in Our said court, under the seal
thereof. this day of 19

(Signed) E.F., Registrar.
Attachment.
Taken out by

FoRm No. '47. [Rule 146.1

ORDER FOR COMMITTAL.
[L.S.] In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
. [Title of action.]
On the day of ' 19
Before
Whereas A.B. [state name and description of person to be com-





mitted] has committed a contempt of court in that {state in what
the contempt consists], and, having been this day brought before
.the court on attachment, persists in his said contempt, it is now
ordered that he be committed to prison for the term of
from the date hereof, or until he shall clear himself from his said
contempt.
(Signed) E.F., Registrar.

FORM: No. 48.., [Rule 146.
COMMITTAL.
In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you, for the cause bereinunder written; that is to
say, for [state briefly the ground of attachment].
bated the day of 19.

(Signed) J.K., Chief Justice [or Judge.]

Witness, (Signed)E.F., Registrar.

FORM No. 49. [Rule 153.1
MINUTE.ON FILING ANY DOin the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]
1, A.B. [state whether plaintiff or defendantly file the following
documents, viz:-
[Here describe the documents. filed.]
Dated the day of 19

(Signed) A.B.

FoRm 1%. 50. [Rule 156.]
M~ OF ORDER OFIn the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[TitU of action.]
On the day of 9 19
Before
The court on the application of [state whether pWntiff of d6-
fendantl ordered [state purport of order]. . a





FoRm No. 51. [Rule 156.]

MINUTE ON EXAMINATION OF WITNESSES.In the Supreme Court of Hong Kong, Admiralty Jurisdiction.
[Title of action.]

On the day of 19
Before

A B. [state whether plaintiff or defendant] produced as witnesses
[Here.state names of witnesses in full.]
who, having been sworn [or as the case may be], were examined
orally [if by interpretation add by interpretation of

FoRm 'No. 52. [Rule 156.]
MINUTE OF DECREE.In the Supreme Courtof llong Kong, Admiralty Jurisdiction.
[Title of action.]

On.the day of 19
Before,

(1) Decree, for an ascertained sum:

The court having heard [state whether plaintiff and defendant
or their counsel or solicitors, or as the case may be], and having
been assisted by [state names and descriptions of assessors, if any],
pronounced the sum of [state sum in letters and figures] dollars to
be due to the plaintiff [or defendant], in respect of his claim [or
counterclaim],' together with costs [if decree is for costs]. And
condemned-

(a) in an action in rem where bail has not been given;
the ship [or cargo ex the Ship or proceeds of
the ship , or of the cargo c= the shipor as
the case may be] in the said sum [and in costs].

(b) in an' action in personam, or in rem where bail has boen
given; the defendant [or plaintiff] and his bail [if bail hac been
given] in the said sum [and in costs].

(2) Decree for a sum not ascertained:
The court having heard, etc. [as abovel, pronounced in favour of
the plaintiff's claim [ar defendant's counterclaim] and condemned
the ship [or cargo, etc., or the defendant or plaintiff]





and his bail [if bail has been given] in the arnount to be found due
to the plaintiff [or defendant] [and in costs]. And ordered that an
account should be taken, and

(a) if the amount is to be assessed by the court,
that all accounts and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be],;

(b) if the court r * efers the assessment to the Registrar,
referred the same to the Registrar [assisted by merchants], to report
the amount due., and ordered that all accounts, etc. [as above],

(3) Decree on dismissal of action
The court having heard, etc. [as above] dismissed the action [if
with costs, add] and condemned the plaintiff and his bail [if bail has
been given] in costs.

(4) Decree for condemnation of a derelict subject to salvage:
The court having heard, etc. [as above] pronounced the sum of
[state sum in letters] dollars to be due to A.B., etc . , for salvage,
together with costs, and subject thereto, condemned the said ship
[or cargo or proceeds of ship or of cargo, etc., as
the case -may be] as a droit a-ad perquisite of His Majesty in his
Office of Admiralty.

(5) Decree in action for possession:

The court having heard, etc. [as abov~l, decreed that possession
of the shipshould be given to the plaintik, and
condemned the defendant [and his bail] in costs.

(6) Decree of cortdemnation in a slave trade action:

The court having heard, etc. [as above] pronounced that the vessel, p
name unknown [or as the case may 'be], seized by H.M.S. ' Torch
on the day of Y 19 ' had been, at the time of her
seizure, engaged in or fitted out for the slave trade in contravention Of'..~'
the treaties existing - between Great Britain ana 1 . [or in
violation of the Acts 5 Geo. 4, c. 113 and 36 & 37 Vict. c, 88, or as
the case may be], and it condemned the said vessel [together with
the goods and effects on board thereof] as forfeited to His Majesty [of
condemned the said vessel as forfeited, etc., but ordered that the
car,,o should be restored to the claimant, or as the caso may be].

As amended by Law Rev. Ord., 1937.





The court further ordered that the 'slaves [or the slaves then
surviving consisting of men, women, boys,
andgirls should be delivered over to [state to whom or how
the slaves are to be disposed of]..

II the vessel has been brought into port., add-
The court further ordered that the tonnage of the.vessel should be
ascertained by the rule in force for the admeasurement of British
vessels, 'and that the vessel should be broken up, and that the
materials thereof should be publicly sold in separate,with her cargo [if any];
or
II the vessel has been abandoned or destroyed by the seizors prior
to the adjudication, and the court is satisfied that the abandonment
or destruction was justifiable, add-
The court further declared that, after luU consideration by the
coukt of the circumstances of the case, the seizors had satisfied the
court that the abandonment [or destruction] of the vessel was inevit-
able or. otherwise in the circumstances proper and justifiable.

(7) Decree of restitution in a slave trade action:
The court having heard, etc. [as above] pronounced that it had
not been proved that the, vessel was engaged in or
.fitted out for the slave trade, and ordered that the said vessel should
he restored to the claimant, together with the goods and effects on
board thereof;
add, as the case may be,
but without costs or damages,
or
on payment by the said claimant of the costs incurred by the seizors .
in this action;
or
and awarded to the said claimant costs and damages in respect, of
detention of the said vessel, and [referred the same to the Registrar
(assisted by merchants) to report the, amount thereof, andl directed
that all accounts and vouchers, with-the proofs in support thereof, if
any, should be filed within days.

(8) Decree in case of capture from pirates:
The court having heard, etc. [as above] pronounced that the said
junk ' Tecumseb.--- [and her cargo] had. been, gt the time of the
capture thereof by H.M.S. ---Torch '~i the'property of pirates, and
condemned the same as a droit and perquisite of ILs Majesty in his
Office of Admiralty:
or





pronounced th4t the said. junk ---Tecumseh fand her cargo] had,
prior to her re-capture by H.M.S. ' Torch ','etc., been captured by
pirates from the claimant . [state name and description of former
ow~er], and decreed that the same should be restored to the said
claimant as the. lawful owner thereof, on payment to the re-captors
of [one-eighth] part of the true value thereof in lieu of salvage. The
court also directed that the said Junk [and bey cargo] should be
appraised;

II the junk, etc'., has been captured after an engagement with
the pirates, and if there is a petition for bounty,. add-.
The court further declared that the persons attacked Or engaged
by H.M.S.---Torch -, etc., on the occasion of' the capture of the said
junk were pirates,, that the total number of pirates so attacked or
engaged was about , thatof that number were
captured, and that the- only vessel engaged was H.M.S. Torch
[or as the case may be].

(9) Decree of condemnation under Pacific Islanders Protection
Acts:
The court having heard, etc. [as above) pronounced that the ship
had been, at the time of her.seizure [oT during the voyage
on which she was met], employed [or fitted out for employment]. in
violation of the Pacific Islanders Protection Acts, 1872 and 1875, and
it condemned the said ship[and her cargo, and all goods
and effects found on board, or'a8 the case may_~e], as. forfeited to
His Majesty.

The court further ordered that the said ship [and her
cargo, and the said goods and . effects] should. be sold by public
auction, and that the proceeds should be paid into dourt.

(10) Decree of condemnation under Foreign Enlistment Act:
The couxt having beard, etc. [as a ' bove ]. pronounced that the. ship
had been built [or'equipped, commissioned, despatched,
or used~ 0 the case may be] in violation of the Foreign Enlistment
Act, 1870, and condemned the said shipand her equipment
land the arms and munitions of war on board thereof, or as the case
may be,] as forfeited to His Majesty.

(11) Decree of condemnation under Customs or Revenue Acts:..
The- court having heard, etc. [as above] condemned the shiP
[or cargo or proceeds, etc., as the ~dso may bet~ as
forfeited to His Majesty for violation of the Act [state what A





(12) Decree for pecuniary forfeiture ar penalty under Customs
Act or other Act or Ordinance

The court having heard, etc. [as above] pronounced the said
goods to have been landed [or other illegal act to have been done]
in violation of the Act [state what Act or Ordinance] and condemned
the defendant C.D. [the owner of the said goods, or as the case may
be,] in the penalty of $imposed by the said Act [or
Ordinance] [and iwcosts].

FoRm No. 53.[Rule 156.1
MINUTES IN AN ACTIO14 F.OR DAMA(IB BY COLLISION,
A. B. etc.,
No. against
The ship Mary
19
Jan. 3 A writ of summons [and- a warrant] was [or werefissued
to E.F. on behalf of A.B., etc., the owners of the ship
---Jane ' against the ship ---Mary--- [and freight, or as the
case may be,] in an action for damage by collision. Amount
claimed. $10,000.

5G.H. filed notice of appearance on behalf of C.D. etc., the
owners of the ship---Mary

6 E.F. filed writ of-summons.
The bailiff filed warrant.

7G.H. filed bail bond to answer judgment as against the
defendants [or as the case may be] in the sum of $10,000
with affidavit of service of notice of bail.

A. release of the ship ' Mary .. was issued to G.H.
8E.F. filed preliminary act [and notice of motion for
pleadings].
G.H. filed preliminary act.

10The court having heard solicitors on both sides [or as'tho
case may be] ordered pleadings to ]be filed.

11 E.F. filed petition.

14 G.H. filed answer [and counterclaim].

15 E.F. filed reply.





19
Jan. 16The court having heard solicitors on both sides [or as the,
case may be] ordered both plaintiffs and defendants to file
affidavits of disco-very, and to . pToduce, if required, for
mutual inspection. the documents therein set forth, within
three days.

18 E.F. filed affidavit of discovery.

19 G.H. filed affidalvit of discovery.

22 E.F. filed notice of trial.

26 E.F. produced as witnesses [state names of witnesses], who
having been sworn, were examined orally in court, the said
[state names] having been sworn and examined by inter-
pretation of [state name of interpreter] interpreter ol the
language. Present [state names of assessors
present, if any] assessors.

26 G.H. produced as witnesses, etc., [as above].
The court having heard [state. whether plaintiffs and de-
lendants, or their counsel or solicitors, as the case may be],
and having been assisted by [state name8 and -desr,7iptions
0
of assessors, if any], pronounced in favour of the plaintiffs
[or defendants] and condemned the defendants [or plain-
tiffs]. and their bail [if bail has been given] in the amount
to be found due to the plaintiffs for defendants] [and in
costs]. And the court ordered that an account should bp
taken, and referred the same to the Registrar [assisted by
merchants] to report the amount due, and ordered that all
accounts and vouchers, with the proofs in support thereof,
should be filed within days [or as the case may be].

Feb. 5 E.F. filed statement of claim, with accounts and vouchers
in support thereof [numbered 1 toand affidavits
of [state names of deponents, if any].

8 G.H.filed accounts and vouchers [numbered 1 to
in answer to claim.
9 E.F. filed notice for hearing of reference.
.15 E.F. [or G.H.] filed Registrar's report, etc.

Here insert address for serviceHere insert address for service
of documents required to be of document required to bp-
's
served on the plaintiffs. served on the defendants.
Norz.-The above minutes are given as such as might ordinarily be required in an
action in rem for damage by collision, where pleadings have been ordered.
In some actions many of these minutes would be superfluous. . In others
additional minutes would be required.





Il. FEES OF COURT AND ASSESSORS' FEES.

COURT FEES. [Rules 164 and 165.]
$ c.
1. Sealing any warrant, release, commission, attachment,
or other instrument requiring. to be sealed (other
than a writ of summons or subpoena) ......... 10.00
2. Filing a.bail-borid .................. 5.00
3. Order for reference ........ .... 10.00
4. Filing preliminary act ...........5.00
5. Notice issued by Registrar .......1.00
6. Bailiff attending . unlivery of cargo (to be paid in cash)
for each day ~ ...................... 10.00
7. Bailiff executing any commission of appraisement, or
sale, or appraisement and sale, exclusive of the fees,
if any, paid to the appraiser and auctioneer .. 5.00
8. Bailiff executing any other commission or instrument or.
any warrant 'or attachment ..........2.50
Onthe- gross proceeds of any ship or goods, etc., sold
by order of the court (to be deducted from the pro-
ceeds in court) if not exceeding $1,000 10.00
10. For every additional $1,000 or part thereof 5.00
11. For every matter or proceeding not above specified the same
fee as is taken in the original jurisdiction in respect of a similar matter
or proceeding.

ASSESSORS' FEES. [Rule 166.]

For each nautical or, other assessor, whether' at theFrom
examination of witnesses; or at the trial of an action, or at $10.00
the hearing of an appeal, or upon any assessment of damages to
or taking of an account, according to the case, per diem. $50.00
NOTE-The above fees shall be paid to the Registrar for the assessors in cash and
in the first instance by the party preferring that claim or, in the case of
an appdal, by the appellant.

. No. 7 of 1896, repealed by No. 21 Of 1934.

No. 8 of 1896, repealed by No. 8 of 1935.
[Originally No. 13 of 1896. No. 33 of 1932. Law Rev. Ord., 1937.] Short title. Admiralty rules. Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix. Forms Nos. 1, 2, 3. Indorsement, teste, and form of writ. Appendix. Forms Nos. 4, 5, 6, 7. Indorsement in certain actions. Indorsement of address of plaintiff. Issue of writ. Amendment of writ. Mode of service in action in rem. Service where access cannot be obtained to property. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Time for service, etc. Certificate of service. Appendix Form No. 8. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counter-claim. Particulars of appearance. Appendix. Forms Nos. 9, 10. Joinder of parties having some interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Appendix. Form No. 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Appendix. Form No. 12. Mode of service of warrant. Service on holidays. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bailbond. Appendix. Form Nos. 14, 15. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Appendix Form No. 16. Objection to surety. Appendix. Forms Nos. 17, 18, 19. Issue of release by the court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Appendix. Form No. 20. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings unless applied for and ordered. Time for pleading, if ordered. Pleading set-off or counter-claim. Form of pleading. Appendix. Form No. 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of questions at issue in special case, etc. Form of special case. Signing and filing and special case. Filing of notice of motion and affidavits. Form of notice of motion. Appendix. Form No. 22 Time before hearing for filing notice of motion. Hearing and order. Varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. Appendix. Forms Nos. 23 & 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. Fees of assessors. Mode of setting down. Appendix. Form No. 25. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgment where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Appendix. Form No. 26. Notice and filing of report. Motion to vary report. Order on hearing of motion. Confirmation of report. General rule as to costs. Barristers' and solicitors' costs. Half costs. Meaning of 'sum in dispute'. Lump sum in lieu of costs. Order of bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forthwith. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. Appendix. Forms Nos. 27-32. Filing of commission with return. Payment into court of proceeds of sale. Taxation of bailiff's account. Application to review taxation. Inspection of property. Appendix. Form No. 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms Nos. 34, 35. Filing and effect of consent. Notices of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation of decisions. Time for appeal. Effect of appeal on proceedings. Filing of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect notwithstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Appendix. Form No. 37. Current to prevent arrest of property. Appendix. Forms Nos. 38, 39. Caveat to prevent release of property. Appendix Forms Nos. 38, 39. Caveat to prevent release of property. Appendix. Forms Nos. 40, 41. Caveat to prevent payment of money out of court. Appendix. Forms Nos. 42, 43. Caveat by person not party to action. Consequence of entry of caveat warrant. Consequence of entry of caveat release or caveat payment. Duration of caveat. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. Appendix. Form No. 45. Attachment for disobedience of order or contempt. Appendix Form No. 46. Committal of person attached. Appendix. Forms Nos. 47, 48. Execution of instrument issued from the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form No. 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix. Forms Nos. 50-53. Keeping of caveat books. Inspection thereof. Inspection of records of action. Restriction of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Appendix. - I. Table of court fees. Appendix. - II. Mode of payment of court fees. Appendix. - II. Fees of assessors. Appendix. - II. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. [cf. Rule. 6.] [Form No. 7-Contd.] [cf. Rule 6.] [cf. Rule 6.] [Form No. 7-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 53 - Contd.] [10.8.34.] [1.1.36.]

[Originally No. 13 of 1896. No. 33 of 1932. Law Rev. Ord., 1937.] Short title. Admiralty rules. Schedule. Interpretation. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Appendix. Forms Nos. 1, 2, 3. Indorsement, teste, and form of writ. Appendix. Forms Nos. 4, 5, 6, 7. Indorsement in certain actions. Indorsement of address of plaintiff. Issue of writ. Amendment of writ. Mode of service in action in rem. Service where access cannot be obtained to property. Service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Time for service, etc. Certificate of service. Appendix Form No. 8. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counter-claim. Particulars of appearance. Appendix. Forms Nos. 9, 10. Joinder of parties having some interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Cases for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Appendix. Form No. 11. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Appendix. Form No. 12. Mode of service of warrant. Service on holidays. Filing of warrant. Certificate of service. Appendix. Form No. 13. Mode of giving bail. Preparation, etc., of bailbond. Appendix. Form Nos. 14, 15. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Appendix Form No. 16. Objection to surety. Appendix. Forms Nos. 17, 18, 19. Issue of release by the court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Appendix. Form No. 20. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings unless applied for and ordered. Time for pleading, if ordered. Pleading set-off or counter-claim. Form of pleading. Appendix. Form No. 21. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of questions at issue in special case, etc. Form of special case. Signing and filing and special case. Filing of notice of motion and affidavits. Form of notice of motion. Appendix. Form No. 22 Time before hearing for filing notice of motion. Hearing and order. Varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. Appendix. Forms Nos. 23 & 24. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. Fees of assessors. Mode of setting down. Appendix. Form No. 25. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgment where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Appendix. Form No. 26. Notice and filing of report. Motion to vary report. Order on hearing of motion. Confirmation of report. General rule as to costs. Barristers' and solicitors' costs. Half costs. Meaning of 'sum in dispute'. Lump sum in lieu of costs. Order of bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forthwith. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. Appendix. Forms Nos. 27-32. Filing of commission with return. Payment into court of proceeds of sale. Taxation of bailiff's account. Application to review taxation. Inspection of property. Appendix. Form No. 33. Discontinuance by plaintiff and consequences thereof. Appendix. Forms Nos. 34, 35. Filing and effect of consent. Notices of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation of decisions. Time for appeal. Effect of appeal on proceedings. Filing of appeal on proceedings. Filing of notice of appeal and giving of bail for costs. Appendix. Form No. 36. Carrying decree into effect notwithstanding appeal. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Appendix. Form No. 37. Current to prevent arrest of property. Appendix. Forms Nos. 38, 39. Caveat to prevent release of property. Appendix Forms Nos. 38, 39. Caveat to prevent release of property. Appendix. Forms Nos. 40, 41. Caveat to prevent payment of money out of court. Appendix. Forms Nos. 42, 43. Caveat by person not party to action. Consequence of entry of caveat warrant. Consequence of entry of caveat release or caveat payment. Duration of caveat. Withdrawal and over-ruling of caveat. Appendix. Form No. 44. Order for payment to party entitled. Appendix. Form No. 45. Attachment for disobedience of order or contempt. Appendix Form No. 46. Committal of person attached. Appendix. Forms Nos. 47, 48. Execution of instrument issued from the court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Appendix. Form No. 49. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of minute book. Appendix. Forms Nos. 50-53. Keeping of caveat books. Inspection thereof. Inspection of records of action. Restriction of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of forms. Appendix. - I. Table of court fees. Appendix. - II. Mode of payment of court fees. Appendix. - II. Fees of assessors. Appendix. - II. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the rules. [cf. Rule. 6.] [Form No. 7-Contd.] [cf. Rule 6.] [cf. Rule 6.] [Form No. 7-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 21-Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 52 - Contd.] [Form No. 53 - Contd.] [10.8.34.] [1.1.36.]

https://oelawhk.lib.hku.hk/items/show/1456

SUITORS' FUNDS ORDINANCE, 1896

No. 5 of 1896.

An Ordinance to amend the law as to the moneys. of suitors
Paid into the Supreme Court.
[18th April, 1896.].

1. This Ordinance may be c ited as the Suitors' Funds
Ordinance, 1896.

[ss. 2 and 3, rep. No. 34 Of 1931.]

The references are to the Revised Edition of the Statutes.
- Commonly cited as sections 15 and 17.
4. The Chief justice may, with the concurrence of the
Governor, make rules for regulating the deposit, payment,
delivery, and transfer in, into, and out of the Suprem c Court
of money, securities, and movable property of suitors and the
evidence of such deposit, payment, delivery, or transfer, and
the investment of and other dealings with money, securities,
and movable property in court, and the execution of the orders
of the court, and the powers and duties of the Registrar with
reference to such money, securities, and property, and, in
particular, for doing all or any of the following things:-

(1) regulating the placing on and withdrawal from deposit
of money in court, and the payment or crediting of interest on
money placed on deposit;

(2) determining the smallest amount of money on deposit
on which interest is to be credited to an account to which money
placed on deposit belongs;

(3 determining the time at which money placed on deposit
is to begin and to cease to bear interest and the mode of com-
puting such interest; and

(4) determining the cases in which interest on money placed
on deposit and the dividends on any securities standing in the
name of the Registrar is or are to be placed on deposit.
[Originally No. 8 of 1896. No. 34 of 1931.] Short title. [1.1.32.] Making of rules.

[Originally No. 8 of 1896. No. 34 of 1931.] Short title. [1.1.32.] Making of rules.

https://oelawhk.lib.hku.hk/items/show/1455

SALE OF GOODS ORDINANCE, 1896

No. 4 of 1896.

An Ordinance to codify the law relating to the sale of goods.

[1st August, 1896.]

PART I.

FORISIATION OF THE CONTRACT.

Contract of sale.

1.-(1) A contract of sale of goods is a contract whereby
the seller transfers, or agrees to transfer the property in goods

The numbering of the sections of this Ordinance, except ss. 40, 59 & 63,
corresponds with that in the Sale of Goods Act, 1893. The short
title is in s. 63.





to the buyer for a money consideration, called the price. There may be a
contract of sale between one part owner and another.

(2) A contract of sate maybe absolute or conditional.

(3) Where under a contract of sale the property in the goods is
transferred from the seller to the buyer, the contract is called a sale ; but
where the transfer of the property in the goods is to take place at a future
time or subject to some condition thereafter to be fulfilled, the contract is
called an agreement to sell.

(4) An agreement to sell becomes a sale when the time elapses or the
conditions are fulfilled subject to which the property in the goods is to be
transferred.

2.-(1) Capacity to buy and sell is regulated by the general law
concerning capacity to contract, and to transfer and acquire property.
Provided that where necessaries are sold and delivered to an infant or minor,
or to a person who, by reason of mental incapacity or drunkenness, is
incompetent to contract, he must pay a reasonable price therefor.

(2) Necessaries in this section mean goods suitable to the condition in
life of such infant or minor or other person, and to his actual requirements at
the time of the sale and delivery

Formalities of contract.

3. Subject to the provisions of this Ordinance and of any enactment in
that behalf, a contract of sale may be made in writing (either with or without
seal), or by word of mouth, or partly in writing and partly by word of mouth,
or way be imi)lied from the conduct of the parties: Provided that nothing in
this section shall affect the law relating to corporations.

4.-(1) A contract for the sate of any goods of the value of one hundred
dollars or upwards shall not be enforceable by action unless the buyer shall
accept part of the goods so sold, and actually receive the same, or give
something in earnest to bind the contract, or in part payment, or unless
some note or memorandum in writing of the contract is made and signed by
the party to be charged or his agent in that behalf.





(2) The provisions of this section, apply to every such con-
tract, notwithstanding that the goods may be intended to be
delivered at some future time, or may not at the time of such
contract be actually made, procured, or provided, or fit or ready
for delivery, or some act may be requisite for the making or com-
pleting thereof, *or rendering the, same fit for delivery.

(3) There is an acceptance of goods within the meaning of
this section when the.buyer does any act in relation to the goods
which recognizes a pre-existing contract of sale, whether there
is an acceptance in performance of the contract or not. ,

Subject-matter of contract.

5.-(j) The goods which form the subject of a contract of
sale may be either existing goods, owned or possessed by the
seller, or goods to be manufactured or acquired by the seller
after the making of the contract of sale, in this Ordinance called
future goods.'

.(2) There may be a contract for the sale of goods, the
acquisition of which by the seller depends upon a contingency.
which may or may not happen.

(3) Where by a contract of sale the seller purports to effect
a present sate of future goods, the contract operates as an
agreement to sell the goods.

6. Where there is a contract for the sale of specific goods,
and the goods, without the knowledge of the seller,. have
perished at the time when the contract is made, the contract
is void.

7. Where there is an agreement to sell specific goods, and
subsequently the goods, without any fault on the part of the
seller or buyer, perish before the risk passes to the buyer, the
agreement is thereby avoided.

Rrice.

8.-(1) The price in a contract of sale may be fixed by
the contract, or may be left to be fixed in manner thereby
agreed, or may be determined by the course, of dealing between
the parties.





(2) Where the price is not determined In accordance with the foregoing
provisions, the buyer must pay a reasonable price. What is a reasonable
price is a question of fact dependent on the circumstances of each particular
case.

.9.-(1) Where there is. an agreement to sell goods on the terms that the
price is to be fixed by the valuation of & third party, and such third party
cannot or does not make such valuation, the agreement is avoided: Provided
that if the goods or any part thereof have been delivered to and appropriated
by the buyer, he must pay a reasonable price therefor.

(2) Where such third party is prevented from making the valuation by
the fault of the seller or buyer, the party not. in fault may maintain an action
for damages against the party in fault.

Conditions and warranties.

10.-(i) Unless a different intention appears from the terms of the
contract, stipulations as to time of payment are not deemed to be of the
essence of a contract of sale. Whether any other stipulation as to time is of
the essence of the contract or not depends on the terms of the contract.

(2) In a contract of sale, ' month ' means Primfi facie calendar month.

11.-(i) Where a contract of sale is subject to any condition to be
fulfilled by the seller, the buyer may waive the condition, or may elect to treat
the breach of such condition as a breach of warranty, and not as a ground
for treating the contract as repudiated.

(2) Whether a stipulation, in a contract of sale is a condition, the breach
of which may give rise to a right to treat the contract as repudiated, or a
warranty, the breach of which may give rise to a claim for damages but not a
right to reject* the goods and treat the contract as repudiated, depends in
each case on the construction of the contract. A stipulation may be a
condition, though called a warranty in the contract.

(3) Where a contract of sale is not severable, and the buyer has
accepted the goods or part thereof, or where the contract is for specific
goods, the property in which has passed to the buyer, the breach of any
condition to be fulfilled by the seller can only be treated as a breach of
warranty, and not as a





ground for rejecting the goods and treating the contract as
repudiated, unless there is a term of the contract, express or
implied, to that effect.

(4) Nothing in this section shall affect the' case of any
condition or warranty, fulfilment of which is excused by law by
reason of impossibility or otherwise.

12. In a contract of sale, unless the circumstances of the
contract are such as to show a different intention, there is-

(i) an implied condition on the part of the seller that, in
the case of a sale, he has a right to sell the goods, and that,
in the case of an agreement to sell, he will have a right to sell
the goods at the time when the property is to pass:
(2) an implied warranty that the buyer shall have and enjoy
quiet possession of the goods:

(3) an implied warranty that the goods shall be free from
any charge or incumbrance in favour of any third party, not
declared or known to the buyer before or at the time when the
contract is made.

13. Where there is a contract for the sale of goods by
description, there is an implied condition that the goods shall
correspond with the description; and if. the sale is by sample,
as well as by description, it is not sufficient that the bulk of
the goods corresponds with the sample if the goods do not also
correspond with the description.

14. Subject to the provisions of this Ordinance and of ' any
enactment in that behalf, there is no implied warranty or con-
dition as to the quality or fitness for any particular purpose of
goods supplied tinder a contract of sale, except as follows:-
(i) where the buyer, expressly or by implication, makes
known to the seller the particular purpose for which the goods
are required, so as to show that the buyer relies on the seller's
skill or judgment, and the goods are of the description which
it is in the course of the seller's business to supply (whether he
is the manufacturer or not), there is an implied condition that
the goods shall be reasonably fit for such purpose: Provided
that, in the case of a contract for the sale of a specified article
under its patent or other trade name, there is no implied
condition as to its fitness for any particular purpose:





(2) where goods are bought by description from a seller
who deals in goods of that description (whether he is the
manufacturer or not), there is an implied condition that the
goods shall be of merchantable quality: Provided that if the
buyer has examined the goods, there shall be no implied con-
dition as regards defects which such examination ought to have
revealed:

(3) an implied warranty or condition as to quality or fitness
for a particular purpose may be annexed by the usage of trade:

(4) an express warranty or condition does not negative a
warranty or condition implied by this Ordinance, unless
inconsistent therewith.

Sale by sample.

15.-(1) A contiact of sale is a contract for sale by sample
where there is a term in the contract, express or implied, to.
that effect.

(2) In the case of a contract for sale by sample-
(a) there is an implied condition that the bulk shall corres-
pond with the sample in quality:
(b) there is an implied condition' that the buyer shall have
a reasonable opportunity of comparing the bulk with the
sample:
(c) there is an implied condition that the goods shall be
free from any defect, rendering them unmerchantable, which
would not be apparent on reasonable examination of the
sample.

PART II.

EFFECTS OF THE CONTRACT.

Transfer of Property as between seller and buyer.

16. Where there is a contract for the sale of unascertained
goods no property in the goods is transferred to the buyer unless
and until the-goods are ascertained.

17-(1) Where there is a contract for the sale of specific
or ascertained goods, the property in them is transferred to the
buyer at such time as the parties to the contract intend it to be
transferred.





(2) For the purpose of ascertaining the intention of the
parties, regard shall be had to the terms of the contract, the
conduct of the parties, and the circumstances of the case.

18. Unless a different intention appears, the following are
rules for ascertaining the intention of the parties as to the time
at which the property 'in the goods is to pass to the buyer:-

Rule -r.-Where there is an unconditional contract for the
sale' of specific goods in a deliverable state, the property in the
goods passes to the buyer when the contract is made, and it is
immaterial whether the time of payment or the time of delivery,
or both, be postponed.

Rule 2.-Where there is a contract for the sale of specific
goods and the seller is bound to do something to the goods,
for the purpose of putting them into, a deliverable. state, the
property does not pass until such thing be done, and the buyer
has notice thereof.

Rule 3.-Where there is a contract for the sale of specific
goods in a deliverable state, but the seller.is bound to weigh,
measure, test, or do some other act or thing with reference to
the goods for the purpose of ascerta~ning the price, the property
does not pass until such act or thing be done, and the buyer
has notice thereof.

Rule 4.-When goods are delivered to the buyer on
approval or ' on sale or return ' or other similar terms, the
property therein passes to the buyer-

(a) when he signifies his approval or acceptance to the seller
or does any other att adopting the transaction -

(b) if he does not signify his approval or acceptance to the
seller but retains the goods without giving notice of rejection,
then, if a tjme has been fixed for the return of the goods, on
the expiration of such time, and if no time has been fixed, on.
the expiration of a reasonable time. What is a reasonable tinIC
is a question of fact.

Rule 5.-(1) Where there is a contract for the sale of Un-
ascertained or future goods by description, and goods of that
description, and in a deliverable state, are unconditionally
appropriated to the contract, either by the seller with the assent
of the buyer, or by the buyer with the assent of the seller, the.





property in the goods' thereupon passes to the buyer. Such
assent may be express or implied, and may be given either
before or after the appropriation is made:

(2) Where, in pursuance of the contract, the seller delivers
the goods to the buyer or to a carrier or other bailee,(whether
named by the buyer or not) for the purpose of transm~ssion
to the buyer, and does not reserve the right of disposal, he is
deemed to have unconditionally appropriated the goods to the
coritra~t.

19.-(1) Where there is a contract for the sale of specific
goods, or where goods are subsequently appropriated to the
contract, the seller may, by the terms of the contract or appro-w
priation, reserve the right of disposal of the goods until certain
conditions are fulfilled. In such case, notwithstanding the
delivery of the goods to the buyer, or to a carrier or other
bailee for the purpose of transmission to the b . uyer, the property
in the goods does not pass to the buyer until the conditions
imposed by the seller are fulfilled.

(2) Where goods are shipped, and by the bill of lading
the goods are deliverable to the order of the seller or his
agent, the seller is p7imd facie deemed to reserve the right of
disposal.

(3) Where the seller of goods draws on the buyer for the
price, and transmits the bill of exchange and bill of lading
to the buyer together to secure acceptance or payment of the
bill of exchange, the buyer is bound to return thebill of lading
if he does not honour the bill of exchange, and if he wrongfully
retains the bill of lading the property in the goods does not
pass to him.

20. Unless otherwise agreed, the goods remain at the seller's
risk until the property therein is transferred to the buyer, but
when the property therein is transferred to the buyer the goods
are at Ahe buyer's risk,,whether delivery has been made or not:
Provided that where delivery has been delayed through the fault
of either seller or buyer, the goods are at the risk of the party
in fault as regards any loss which might not have occurred but
for such fault: Provided, also, that nothing in this section shall
affect the duties or liabilities of either seller or buyer as a bailee
of the goods of the other party.





Transfe,r of title.

21.-(1) S'ubject to the provisions of this Ordinance, Yhere
goods are sold by a person who is not the owner thereof, and
who does not sell them under the authority or with the consent
of the owner, the buyer acquires no better title to the goods than
the seller had, unless the owner of the goods is by his conduct
precluded from denying the seller's authority to sell.

(2) Provided, also, that nothing in this Ordinance shall
affect-

(a) the provisions of the Factors Ordinance, 1896, or any
enactment enabling the apparent owner of goods to dispose of
them as if he were the true owner thereof; or

(b) the validity of any contract of sale under any special
common law or statutory power of sale or under the order of
a court' of competent jurisdiction.

22.-(1) Where goods are openly sold in a shop or market
in this Colony, in the'ordinary course of the business of such
shop or market, the buyer acquires a good title to the goods,
provided lie buys them in good faith and without notice of any
defect or want of title on the part of the seller.

(2) Nothing in this section shall affect the law relating to
the sale of horses.

23. When the seller of goods has a voidable title thereto,
but his title has not been avoided at the time of the sale, the
buyer acquires a good title to the goods, provided he buys
them in good faith and without notice of the seller's defect of
ti tle.

24.-(1) Where goods have been stolen and the offender is
prosecuted to conviction, the property in the goods so stolen
re-vests in the person who was the owner of the goods or his
personal representative, notwithstanding any intermediate deal-
ing with them, whether by sale in accordance with the provisions
Of Section 22 or otherwise.

(2) Notwithstanding any enactment to the contr ary, where
goods have been obtained by fraud or other wrongful means
not amounting to larceny, the property in such goods shall.not
re-vest in the person who was the owner of the goods, or his





personal representative, by reason only of the conviction of the offender.

25.-(1) Where aperson having sold goods continues or
is in possession of the goods, or of the documents of title to
the goods, the deliver or transfer by that person, -or by a
mercantile agent acting for him, of the goods or documents of title, under
any sale, pledge, or other disposition thereof, to any person receiving the
same in good faith and without notice of the previous sale, shall have the
same effect as if the person making the delivery or transfer were expressly
authorized by the owner of the goods to make the same.

(2) Where a person having bought or agreed to buy goods obtains, with
the consent of the seller, possession of the goods or the documents of title
to the goods, the delivery or transfer by that person, or by a mercantile agent
acting for him, of the goods or documents of title, under any sale, pledge, or
other disposition thereof, to any person receiving the same in good faith and
without notice of any lien or other right of the original seller in respect of the
good, shall have the same effect as if the person making the delivery or
transfer were a mercantile agent in possession of the goods or documents of
title with the consent of the owner.

(3) In this section, 'mercantile agent' has the same meaning as in the
Factors Ordinance, 1896.

26.-(1) A writ of fieri facias or other writ of execution against goods
shall bind the property in the goods of the execution debtor as from the time
when the writ is delivered to the bailiff to be executed ; and, for the better
manifestation of such time, it shall be the duty of the bailiff, without fee,
upon the receipt of any such writ to indorse upon the back thereof the hour,
day, month, and year when he received the same: Provided that no such writ
shall prejudice the title to such goods acquired by any person in good faith
and for valuable consideration, unless such person had, at the time when he
acquired his title, notice that such writ, or any other writ by virtue of which
the goods of the execution debtor might be seized or attached, had been
delivered to and remained unexecuted in the hands of the bailiff.

(2) In this section, ' bailiff ' includes any officer charged with the
enforcement of a writ of execution.





PART III.

PERFORMANCE OF THE CONTRACT.

27. It is the duty of the seller to deliver the goods, and of
the buyer to accept and pay for them, in accordance with the
terms of the contract of sale.

28. Unless otherwise agreed, delivery of the goods and
payment of the price are concurrent conditions, that is to say,.
the seller must be ready and willing to give possession of the
goods to the buyer in exchange for the price, and the buyer must
be ready and willing to pay the price in exchange for possession
of the goods.

29.-(1) Whether it is for the buyer to take possession
of the goods or for the seller to send them to the buyer is a
question depending in each case on the contract, express or
implied, between the parties.. Apart from any. such contract,
express or implied, the place of delivery is the seller's, place
of business, if he has one, and if not, his residence: Provided
that, if the contract is for the sale of specific'goods, which, to
the knowledge of the parties when the contract is made, are in
some other place, then that place is the place of delivery.

(2) Where under the' contract of sale---theseller is bound
to send the goods to the buyer., but no time for sending then!
is fixed, the seller is bound to send them within a reasonable
time.

(3) Where the goods at the time of sale are in the Posses-
sion of a third person, there is no delivery by seller to buyer
unless and until such third person acknowledges to the buyer
that he holds the goods on his behalf: Provided that nothing
in this section shall affect the operation of the issue or. transfer
of any document of title to goods..

(4) Demand or tender of delivery may be treated as
ineffectual unless made at a reasonable hour. What is a
reasonable hour is a question of fact.
(s) Unless otherwise agreed, the expenses of and incidental
to putting the goods into a deliverable state must be borne by
the seller.





30.-(1) Where the seller delivers to the buyer.a quantity
of goods less than he contracted to sell, the, buyer may reject
them, but if the buyer accepts the goods so delivered, he must
pay for them at the contract rate.

(2) Where the seller delivers to the buyer a, quantity of
goods larger than he contracted to sell, the buyer may accept
the goods included in the contract and reject the rest, or he may
reject the whole. If the buyer accepts the whole of t`he goods so
delivered he must pay for them at the contract rate.

(3) Where the seller delivers to the buyer the goods he
contracted to sell mixed with goods of a different description
not included in the contract the buyer may accept the goods
which are in accordance with the contract and reject the rest,
or he may reject the whole.

(4) The provisions of this section are subject to any usage
of trade, special agreement, or course of dealing between the
parties.

31.-(1) Unless otherwise agreed, the buyer of goods is not
bound to accept delivery thereof by instalments.

(2) Where there is a contract for the sale of goods to be
delivered by stated instalments, which are to.be separately paid
for, and the seller makes defective deliveries in respect of,,one
or more instalments, or the buyer neglects or refuses to take
delivery of or pay for one or more instalments, it is a question
in each case depending on the terms of the contract and the
circumstances of the case, whether the breach of contract is a
repudiation of the whole contract or whether it is a severable
breach giving rise to a claim for compensation but not to a right
to treat the whole contract as repudiated.

32.-(1) Where, in 'Pursuance of a contract J sale, the
seller is authorized or required to send the goods to the buyer,
delivery of the goods to a carrier, wheilier named by the buyer
or not, for the purpose of transmission to the buyer is Primi Mcie
deemed to be a delivery of the goods ' to the buyer.

(2) Unless otherwise authorized by the buyer,. the seller
must make such contract, with the carrier on behalf of the
buyer as may be reasonable having regard to the nature of
the goods and the other circumstances of the case. If the seller





omits to do so, and the goods are lost or darnaged in course
ol transit, the buyer may decline to treat the delivery to the
carrier as a delivery to himself, or may hold the seller responsible
in damages.

(3) Unless otherwise agreed, where goodsare sent by the
seller to the buyer by a route involving sea transit, in circum-
stances in which it is usual to insure, the seller must give such
notice to the buyer as may enable him to insure them during
their sea transit, and, if the seller fails to do so, the goods shall
be deemed to be at his risk during such sea transit.

33. Where the seller of goods agrees to deliver them at his
own risk at a place other than that where they are when sold,
the buyer must, nevertheless, unless otherwise agreed, take any
risk of deterioration in the goods necessarily incident to the
course of transit.

34.-(1) Where goods are delivered to the buyer, which he
has not previously examined, he is not deemed to have accepted
them unless and until he has had a reasonable opportunity of
examining them for the purpose of ascertaining whether they
are in conformity with the contract.

(2) Unless otherwise agreed, when the seller tenders delivery
of goods to the buyer, he is bound, on recliest, to afford the
buyer a reasonable opportunity of examining the. goods for the
purpose of ascertaining whether they are in conformity with the
contract.

35. The buyer is deemed to have accepted the goods when
he intimates to the seller that he has accepted thern, or when
the goods have been delivered to him, and he does any act in
relation to them which is inconsistent with the ownership of
the seller, or when after the, lapse of a reasonable time ` he
retains the goods without intimating to the seller that he has
rejected them.

36. Unless otherwise agreed, where goods are delivered to
the buyer, and he refuses to accept them, having the right to
do so, he is not bound to return them to the seller, but it is
sufficient if he intimates to the seller*that he refuses to accept
them.





37. When the seller is ready and willing to deliver the goods
and requests the buyer to take delivery, and the buyer does not
within a reasonable time after such request take delivery of the
goods, he is liable to the seller for any loss occasioned by his
neglect or refusal to take delivery, and also for a reasonable
charge for the care and custody of the goods: Provided that
nothing in this section shall affect the rights of the seller where
the neglect or refusal of the buyer to take delivery amounts
to a repudiation of the contract.

PART IV.

RIGHTS OF UNPAID SELLER AGAINST THE GOODS.

38.-(1) The seller of goods is deemed to be an unpaid
seller within the meaning of this Ordinance-

(a) when the whole of the price has not been paid or
tendered;

(b) when a bill of exchange or other negotiable instrument
has been received as conditional payment, and the condition on
which it was received. has not been fulfilled by reason of the
dishonour of the instrument or otherwise.

(2) In this Part, ' seller ' includes any person who is in
the position of a seller, as, for instance, an agent of the seller
to whom the bill of lading has been indorsed, or a consignor
or agent who has himself paid, or is directly responsible for,
the price.

39. Subject to the provisions of this Ordinance and of any
enactment in that behalf, notwithstanding that the property in
the goods may have passed to the buyer, the unpaid seller of
goods, as such, has by implication of law-

(a) a lien on the goods or right to retain them for the price
while he is in possession of them;

(b) in case of the insolvency of the buyer, a right of stop-
Ping the goods in transitu after he has parted with the possession
of them;

(c) a right of re-sale as limited by this Ordinance.





40. Where the property in goods has not passed to the
buyer, the unpaid seller has, in addition to his other remedies,
a right of withholding delivery similar to and co-extensive with
his rights of lien and stoppage in transitu where the property has
passed to the buyer.

Unpaid seller's lien.

41.-(1) Subject to the provisions of this Ordinance, the
unpaid seller of goods who is in possession of them is entitled
to retain possession of them until payment or tender of the price
in the following cases, namely:-

(a) where the goods have been sold without any stipulation
as to credit;

(b) where the goods have been sold on credit, but the term
of credit has expired;

(c) where the buyer becomes insolvent.

(2) The seller may exercise his right of lien notwithstanding
that he is in possession of the goods as agent or bailee for the
buyer.

42. Where an unpaid seller has made part delivery of the
goods, lie ma
,y exercise his right of lien or retention on the
remainder,, unless such part delivery h~s been made in such
circumstances as to show an agreement to waive the lien or right
of retention.

43.-(x) The unpaid seller of goods loses his lien or right
of retention thereon-

(a) when he delivers the goods to a carrier or other bailee
for the purpose of transmission, to the buyer, without reserving
the right of disposal of the goods;

(b) when the buyer or his agent lawfully obtains possession
of the goods;

(c) by waiver thereof.

(2) The, unpaid -seller of goods, having a lien or right of
retention thereon, does not lose his lien or right of retention
by reason only that he has obtained judgment for the price of
the goods.





Stoppage in transitu.

44. Subject to the provisions of this Ordinance, when the
buyer of goods becomes insolvent, the unpaid seller who has
parted with the possession of the goods has the right of stopping
them lit transitu, that is to say, he may resume possession of
the goods as long as they are in course of transit, and may
retain them until payment or tender of the'price.

45.-(1) Goods are deemed to be in course of transit from.
the time when they are delivered to a carrier by land or water,
or other bailee for the purpose of transmission to the buyer,
until the buyer, or his agent in that behalf, takes delivery of
them from such carrier or other bailee.

(2) If the buyer or his agent in that behalf obtains delivery
of the goods before their arrival at the appointed destination, the
transit is at an end!

(3) If, after the arrival of the goods at the appointed
destination, the carrier or other bailee ack nowledges to the
buyer, or his agent, that he holds the goods on his behalf and
continues in possession of them as bailee for the buyer or his
agent, the transit is at an end, and it is immaterial that a
further destination for the goods may bave been indicated by
the buyer.

(4) If the goods are rejected by the buyer, and the carrier
or other bailee continues in possession of them, the transit is
not deemed to be at an end, even if the seller has refused to
receive them back.

(5) When goods are delivered to a ship chartered by the
buyer, it isa question depending on the circumstances of the
particular case whether they are in the possession of the master
as a carrier, or as agent to the buyer.

(6) Where the carrier or other bailee wrongfully refuses to
deliver the goods to the buyer or his agent in that behalf, the
transit is deemed to be at an end.

(7) Where part delivery of the goods has been made to the
buyer or his agent in that behalf, the remainder of the goods
may be stopped in transitu, unless such part delivery has been
made in such circumstances as to show an agreement to give up
possession of the whole of the goods.





46.-(1) The unpaid seller may exercise his right of stop-
page in transitu either by taking actual possession of the goods
or by giving notice of his claim to the carrier or other bailee
in whose possession the goods are. Such notice may be given
either to the person in actual possession of the goods or to his
principal. In the latter case the notice, to be effectual, must
be given at such tirne and in such circumstances that the prin-
cipal, by the exercise of reasonable diligence, may. communicate
it to his servant or agent in time to prevent a delivery to the
buyer.

(2) When notice of stoppage in transitu is given by the
seller to the carrier or other bailee in possession of the goods,
he must re-deliver the goods to, or according to the directions
of, the seller. The expenses of such re-delivery must be borne
by the seller.

Re-sale by buyer or seller.

47. Subject to the provisions of this Ordinance, the unpaid
seller's right of lien or retention or stoppage in transitu is not*
affected by any sale or other disposition of the goods which
the buyer may have made, unleA the seller has assented thereto..
Provided that where a document of, title to goods has been
lawfully transferred to any person as buyer or owner of the
goods, and,that person transfers the document to a person who
takes the document in good faith and for valuable consideration,
then, if such last-mentioned transfer was by. way of sale, the
unpaid seller's right of lien or retention or stoppage in transitu
is defeated, and if such last mentioned transfer was by,,way
of pledge or other disposition for value, the unpaid seller's right
of lien or retention or stoppage in transitu can only be exercised
subject to the rights of the transferee.

48.-(1) Subject to the provisions of this section, a con-
tract of sate is not rescinded by the mere exercise by an unpaid
seller of his right of lien or retention or stoppage in transitu.
(2) Where an unpaid seller who has exe * rcised his right of
lien or retention or stoppage in transitu re-sells the goods~
the buyer acquires a good title thereto as against the original
buyer.
(3) Where the goods are of a perishable nature, or where
the unpaid seller gives notice to the buyer of his intention to





re-sell, and the buyer does not within a reasonable time pay or
tender the price, the unpaid seller may re-sell the goods and
recover from the original buyer damages for any loss occasioned
by his breach of contract.

(4) Where the seller expressly reserves a right of re-sale in
case the buyer should make default, and on the buyer making
default, re-sells the goods, the original contract of sale is thereby
rescinded, but without prejudice to any claim the seller may
have for damages.

PART V.

ACTIONS FOR BREACH OF THE CONTRACT.

Rentedles of seller.

49.--(1) Where, tinder a contract of sale, the property in
the goods has passed to the buyer, and the buyer wrongfully
neglects or refuses to pay for the goods according to the terms
of the contract, the seller may maintain an action against him
for the price of the goods.

(2) Where, under a contract. of sale, the price is payable
on a day certain irrespective of delivery, and the buyer wrong-
fully neglects or refuses to pay such price, the seller may
maintain an action for the price, although the property in the
goods has not passed, and the goods have not been appropriated
to the contract.

50.-(1) Where the buyer wrongfully neglects or r6fuses.to
accept and pay for the goods, the.seller may maintain an action
against him for damages for non-acceptance.

(2) The measure of damages is the estimated loss directly
and naturally resulting, in the ordinary course of events, from
the buyer's breach of contract.

(3) Where there is an available market for the goods in
question, the measure of damages is prima' facie to be ascertained
by the difference between the contract price and the market or
current price at the time or.times when the goods ought to have
been accepted, or, if no time was fixed for acceptance, then-ht
the time of the neglect or refusal to accept.





Remedies of buyer.

51.-(1) Where the seller wrongfully neglects or refuses
to deliver the goods to the buyer, the buyer may maintain an
action against the seller for damages for non-delivery.

(2) The measure of damages is the estimated loss directly
and naturally resulting, in the ordinary course of events, from
the seller's breach of contract.

(3) Where there is an available market for the goods in
question, the measure of damages is prima^ facie to be ascer-
tained by the difference between the contract price and the
market or current price of the goods at the time or times when
they ought to have been delivered, or, if no time was fixed for
delivery, then at the time of the neglect or refusal to deliver.

52. In any action for breach of contract to deliver specific
or ascertained goods, the court may, if it thinks fit, on the
application of the plaintiff, by its judgment direct that the
contract shall be performed specifically, without giving the
defendant the option of retaining the goods on payment of
damages. The judgment may be unconditional, or on such
terms and conditions as to damages, payment of the price, and
otherwise, as to the court may seem just. The application by
the plaintiff may be made at any time before judgment.

53.-(1) Where there is a breach of warranty by the seller,
or where the buyer elects, or is compelled, to treat any breach
of a condition on the part of the seller as a breach of-warranty,
the buyer is not, by reason only of such breach of warranty,
entitled to reject the goods; but he may-

(a) set up against the seller the breach of warranty in
diminution or extinction of the price ; or

(b) maintain an action against the seller for damages for
the breach of warranty.
(2) The measure of damages for breach of warranty is the
estimated loss directly and naturally resulting, in the ordinary
course of events, from the breach of warranty.

(3) In the case of breach of warranty of quality, such loss
is, prima^ facie the difference between the value of the goods at
the time of delivery to the buyer and the value they would have
had if they had answered to the warranty.





(4) The fact that the buyer has set up the breach of warranty
in diminution or extinction of the price does not prevent him
from maintaining an action for the same breach of warranty if
he has suffered further damage.

54. Noth~ng in this Ordinance shall affect the right of the
buyer or the seller to recover interest 'Or special damages in any
case where by law interest or special damages may be recover-
able, or to recover money paid where the consideration for the
payment of it has failed.

PART VI.

SUPPLEMENTARY.

55. Where any right, duty, or liability viould arise under
a contract of sale by implication of law, it may be negatived
or varied by express agreement or by the course of dealing
between the parties, or by usage, if the usage be such as to
bind both parties to the contract.

56. Where, by this Ordinance, any reference is made to a
reasonable time, the question what is a reasonable time is a
question of fact.

57. Where any right, duty, or liability is declared by this
Ordinance, it may, unless otherwise provided by this Ofdin-
ance, be enforcei by action.

58. In the case of a sate by auction-

(i) where goods are put up for sale by auction in lots,
each lot is pri7nd facie deemed-to be the subject of a separate
contract of sale:

(2) a sale by auction is complete when the auctioneer
announces its completion by the' fall of the hammer, or in other
customary manner. Until such announcement is made any
bidder may retract his bid:

where a sale by auction is not noti fled to be subject
to a right to bid on behalf of the seller, it shall not be lawful
for the seller to bid himself or to employ any person to bid at
such sale, or for the auctioneer knowingly to take any bid from
the seller or any such person. Any sale contravening this rule
may be treated as fraudulent by the buyer:





(4) a 'sale by auction may be notified to be subject to a
reserved or upset price, and a right to bid may also be reserved
expressly by or on behalf of. the seller.

59. Where a right to bid is expressly reserved, but not
otherwise, the seller, or any one person on his behalf., may
bid at the auction.

60. The enactments mentioned in the Schedule are hereby
repealed (so far as they are applicable to the Colony) to the
extent stated in the Schedule.

61.-(1) The rules in bankruptcy relating to contracts of
sale shall continue to apply thereto, notwithstanding anything
in this Ordinance.

(2) The rules of the common law, including the law mer-
chant, save in so far as they are inconsistent with the express
provisions of this Ordinance,' and in particular the rules
relating to the law of principal and agent, and the effect of
fraud, misrepresentation, duress or coercion, mistake, or other
invalidating cause, shall continue to apply to contracts for the
sale of goods.

(3) Nothing in this Ordinance or in any repeal effected
thereby shall affect the enactments relating to bills of sale. or
any enactment relating to the sale of goods which is not
expressly repealed by this Ordinance.

(4) The provisions of this Ordinance relating to contracts
of sale do not apply to any transaction in the form of a
contract of sale which is intended to operate by way of
mortgage, pledge, charge, or other security.

62. In this Ordinance,

(i)-(a) 'Action' includes suit, counterclaim, and set-off.

(b) Buyer ' means a person who buys or agrees to buy
goods.

.(c) Contract of sale ' includes an agreement to sell - as
well as a sale.

(d) ' Delivery ' means voluntary transfer of possession
from one person to another.





(e) ' Document of title to goods ' includes any bill of
lading, dock warrant, warehouse keeper's certificate, and
warrant or order for the delivery of goods, and any other
document used in the ordinary course of business as proof of
the possession or control of goods, or authorizing or purport-
ing to authorize, either by indorsement or by delivery, the
possessor of the document to transfer or receive goods thereby
represented.

Fault ' means wrongful act or default.

(g) Future goods ' means goods to be manufactured or
acquit-ed by the seller after the making of the contract of sale.

(h) ' Goods ' include all chattels personal other than
things in action and money. The term includes emblements,
industrial growing crops, and things attached to or forming
part of the land which are agreed to be severed before sale or
under the contract of sale.

(i) Plaintiff includes a defendant counterclaiming.

Property means the general property in goods, and
not merely a special property.

(k) Quality of goods ' includes their state or condition.

(1) Sale ' includes a bargain and sale as well as a sale
and delivery.

(m) Seller ' means a person who sells or agrees to sell
goods.

(n) Specific goods ' means goods identified and agreed
upon at the time a contract of sale is made.

(o) ' Warranty ' means an agreement with reference to
goods which are the subject of a contract of sale, but collateral
to the main purpose of such contract, the breach of which gives
rise to a claim for damages, but not to a right to reject the
goods and treat the contract as repudiated.

(2) A thing is deemed to be done ' in good faith ' when
it is in fact done honestly, whether it is done negligently or
not.

(3) A person is dee - med to be insolvent who either has
ceased to pay his debts in the ordinary course of business or
cannot pay his debts as they become due, whether he has com-
mitted an act of bankruptcy or not and whether he has been
adjudged bankrupt or not.

(4) Goods are in a deliverable state ' when they are in
such a state that the buyer would, under the contract, be bound
to take delivery of them.

63. This Ordinance may be cited as the Sale of Goods
Ordinance, 1896.

SCHEDULE. [s.60.]

TABLE OF ENACTMENTS REPEALED.

Session and chapter. Title of Act and extent of repeal.

1 James 1, c. 21. An Act against Brokers.
The whole Act.

29 Car. 2, c. 3. An Act for Prevention of Frauds and Perjuries.
In part; that is to say, sections 15 and 16.
9 Geo. 4, c. 14. An Act for rendering a written Memorandum necessary
to the Validity of certain Promises and Engage-
ments.
In part; that is to say, section 7.
[Originally No. 7 of 1896.] 56 & 57 Vict. C. 71. Sale and agreement to sell. Capacity to buy and sell. Mode of making contract of sale. Contract of sale for $100 and upwards. Existing or future goods. Goods which have perished. Goods perishing before sale but after agreement to sell. Ascertainment of price. Agreement to sell at valuation. Stipulation as to time. When condition to be treated as warranty. Implied undertaking as to title, etc. Sale by description. Implied conditions as to quality or fitness. Sales by sample. Goods must be ascertained. Property passes when intended to pass. Rules for ascertaining intention. Reservation of right of disposal. Risk prima facie passes with property. Sale by person not owner. Ordinance No. 3 of 1896. Market overt. Sale under voidable title. Re-vesting of property in stolen goods on conviction of offender. [cf. No. 16 of 1930, s. 28(3) & No. 32 of 1935, s. 66.] Seller or buyer in possession after sale. Ordinance No. 3 of 1896. Effect of writ of execution. Duties of seller and buyer. Payment and delivery are concurrent conditions. Rules as to delivery. Delivery of wrong quantity. Delivery of instalments. Delivery to carrier. Risk where goods are delivered as distant place. Buyer's right of examining goods. Acceptance of goods. Buyer not bound to return rejected goods. Liability of buyer for neglecting or refusing to take delivery of goods. Definition of unpaid seller. Unpaid seller's rights. Withholding delivery. Unpaid seller's lien. Part delivery. Termination of lien. Right of stoppage in transitu. Duration of transit. How stoppage in transitu is effected. Effect of sub-sale or pledge by buyer. Sale not generally rescinded by lien or stoppage in transitu. Action for price. Damages for non-acceptance. Damages for non-delivery. Specific performance. Remedies for breach of warranty. Interest and special damages. Exclusion of implied terms and conditions. Reasonable time a question of fact. Right, etc., enforceable by action. Auction sale. Reservation of right to bid. Repeal of enactments. Schedule. Savings. Interpretation. Short title.