BIRTISH DOLLAR (CHOPPING) ORDINANCE, 1895

No. 7 of 1895.
An Ordinance to prohibit the defacing or chopping of
British dollars.
[23rd August, 1895.]

1. This Ordinance may be cited as the British Dollar
(Chopping) Ordinance, 1895.

2. In this Ordinance, British dollar means the dollar
coined in pursuance of Her Majesty's Order in Council (the
British Dollar Order, 1895) dated the 2nd day of February,
1895.

3.-(1) It is herety declared to be a misdemeanor to
deface any British dollar by stamping thereon any name, or
word, or mark, or by cutting, punching, or chopping such
dollar in any way whatever.
(2) No tender of payment of money made in this colony
in such dollars so defaced shall be a legal tender.
[Originally No. 19 of 1895. Law Rev. Ord., 1923.] Short title. Interpretation. Prohibition of defacing of British dollars.

[Originally No. 19 of 1895. Law Rev. Ord., 1923.] Short title. Interpretation. Prohibition of defacing of British dollars.

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RIVER STEAMERS ORDINANCE, 1895

no. 6 of 1895.

an ordinance relating to river steamers. [24th August, 1895.]
1 this ordinance may be cited as the river steamers
ordinance, 1895.

2. in this ordinance, river steamer means any steam-
ship carrying more than twelve passengers and regularly
plying between this colony and any port or place on the
canton river or macao.

as amended by law am ord., 1923.

as amended by law rev ord., 1923.

3.-(1) Every person who travels or attempts to travel in
any river steamer without paying his fare and with intent to
avoid payment thereof, and every person who aids or abets
him in so doing, shall upon summary conviction be liable to
a fine not exceeding twenty-five dollars.
(22) Any such person so found oil board may be arrested
without warrant by any officer of police or by any person in
the employment of the owner of the steamer.
[Originally No. 18 of 1895. Law Rev. Ord., 1923.] Short title. Interpretation. Penalty on person travelling on river steamer without payment.

[Originally No. 18 of 1895. Law Rev. Ord., 1923.] Short title. Interpretation. Penalty on person travelling on river steamer without payment.

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UNIFORMS ORDINANCE, 1895

No. 4 of 1895.
an ordinance to regulate the wearing of naxal and military
uniforms.
[29th. May, 1895]

1. This Ordinance may be cited as the unitforms ordinance, 1895
As amended by Law Am, Ord., 1923.
As amended by Law Rev. Ord., 1923.


2. In this ordinance, his majesty's military forces means
the regular forces, and any officer or volunteer as defined by
the volunteer ordinance, 1920.

3.(1) it shall not be lawful for any person not serving
in his majesty's military forces, to wear the uniform of any
of those forces, or any dress having the appearance or bearing
any of the regimental or other distinctive marks of any such
uniform: provided that this enactment shall not prevent any
person from wearing any uniform or dress in the course of a
stage play performed in a place in which the public per-
formance of stage plays is permitted, or in the course of a
music hall or circus performance, or in the course of any
bona fide military representation.

(2) every person who contravenes the provisions of this
section shall upon summary conviction be liable to a fine not
exceeding fifty dollars,

4. Every person not serving in his majesty's naval or
military forces who wears the uniform of any of those forces,
or any dress, having the apperance or bearing any of the
regimental or other distinctive marks of any such uniform,
in such a manner or in such cirucmstances as to be likely to
bring contempt upon that uniform, or employs any other
person so to wear that uniform or dress, shall upon summary
conviction be liable to a fine not exceeding one hundred
dollars, or to imprisonment, without hard labour, for any
term not exceeding one month.
[Originally No. 10 of 1895. Law Rev. Ord., 1924.] Short title. Interpretation. 57 & 58 Vict, c. 45, s. 4. Ordinance No. 2 of 1920. Person not serving in military forces not to wear uniform. 57 & 58 Vict, c. 45, s. 2. Punishment of person bringing contempt on naval or military uniform. 57 & 58 Vict, c. 45, s. 3.

[Originally No. 10 of 1895. Law Rev. Ord., 1924.] Short title. Interpretation. 57 & 58 Vict, c. 45, s. 4. Ordinance No. 2 of 1920. Person not serving in military forces not to wear uniform. 57 & 58 Vict, c. 45, s. 2. Punishment of person bringing contempt on naval or military uniform. 57 & 58 Vict, c. 45, s. 3.

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CHINESE IMMIGRATION ORDINANCE, 1895

no. 3 of 1895.

an ordinance to restrict the immigration of chinese into
the colony.
[9th April, 1895.]

whereas the immigration of chinese into the colony may at any
moment become a source of imminent danger to the health of the
residents and others in the colony, and it is expedient to make
provision in respect thereof:

1. this ordinance may be cited as the chinses immigra-
tion ordinance, 1895.

2. whenever the governor in council is satisfied that the
bubonic plague, cholera, small-pox, or such other disease as
may be notified in the gazette is prevalent or exists in any
other port or place, and that there is danger of the introduc-
tion of the same into the colony unless measures are taken
to prevent the influs of chinese, the governor in council
may be proclamation prohibit or regulate the immigration or
importation into the colony of chinese from such port or
place for such time as he may think fit.

the issue of the notes of the hongkong and shanghia banking corporation, of
the chartered bank of india, austrialia and china of the mercantile bank
of india, limited, is duly sanctioned inaccordance with the law. See. G.N 314
of 1912.

as amended by law rev. ord., 1923.


3. Whilst such proclamation remains In force,----
(1) no steamer, steam-launch, motor boat, ship, or Vessel,
and no Junk or other Chinese-built vessel or boat, shall bring
into the waters of the Colony any passenger of Chinese.


nationality or origin, or any passenger appearing to be of such
nationality or origin, from any port or place mentioned in
such proclamation; and
(2) no person of Chinese nationality or origin shall come

into the Colony by land or sea from any such port or place.

4. Whilst such proclamation remains in force, all steamers,
steam-launches. motor boats, ships, or vessels, and all junks
and other Chinese-built vessels and. boats, shall, on arriving
within the waters of the Colony from any port or place
mentioned in such proclamation, anchor at the quarantine
anchorage prescribed by the quarantine regulations, and
shall not leave such anchorage until allowed to do so by the
order of the Health Officer of the Port as defined by the sald
regulations or until the expiration of such time as may be
fixed by any proclamation under section 2.

5.-(1) Any breach of any of the provisions of this ordi-
nance shall be punishableon summary conviction as follows:
(2) of section 3 (1), a fine not exceeding ten dollars for
every passenger carried in contravention thereof, and the
person liable therefor shall be the master or other person in
charge of any steamer or other vessel mentioned therein
(3) of section 3 (2), a fine not exceeding fifty dollans.;
(4) of section 4, a fine not exceeding one thousand dollars,
and the person liable therefor shall be the master or other
person in charge of any steamer or other vessel mentioned
therein.
[s. 6, rep. No. 1 of 1912.]
[Originally No. 5 of 1895. Law Rev. Ord., 1924.] Short title. Power by proclamation to prohibit immigration of Chinese. Prohibition of importation of chinese by steamer, etc., while proclamation in force. Procedure with regard to vessel arriving from proclaimed port. [cf. No. 10 of 1899, schedule Table L.] Penalties.

[Originally No. 5 of 1895. Law Rev. Ord., 1924.] Short title. Power by proclamation to prohibit immigration of Chinese. Prohibition of importation of chinese by steamer, etc., while proclamation in force. Procedure with regard to vessel arriving from proclaimed port. [cf. No. 10 of 1899, schedule Table L.] Penalties.

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BANK NOTES ISSUE ORDINANCE, 1895

no. 2 of 1895.

an ordinance to regulate the issue of bank notes.

[20 th March, 1895.]

1. This ordinance may be cited as the bank notes issue
ordinance, 1895.

2. In this ordinance, bank includes any person,
partnership, or company carrying on the business of banking
within the colony.

3. it shall not be lawful for any bank to make, issue, or
circulate within the colony bank notes payable to bearer on
demand, except with the sanction of a Secretary of state
signified through the governor.

as amended by law rev. ord., 1923.

4. This ordinance shall not affect any right or privilege
possessed by any bank under royal charter or ordinance of
issuing or re-issuing within the colony bills or notes payable
to bearer on demand.

5. If any bank makes, issues or cirulates within the
colony any bank notes payable to bearer on demand in
contravention of the provisions of this ordinance, it and its
principal manager or agent in the colony and each of the
partners (if any) therein shall upon summary conviction
be liable to a fine not exceeding one thousand dollars, and
in the case of a second or subsequent conviction to imprison-
ment for a term not exceeding three months and to a fine not
exceeding one thousand dollars: Provided that if the offender
be a body corporate it shall be liable on a second or
subsequent conviction to a fine not exceeding five thousand
dollars.
[Originally No. 2 of 1895. Law Rev. Ord., 1921.] Short title. Interpretation. Issue of bank notes to be sanctioned by Secretary of State. Saving of existing note issues. Penalties.

[Originally No. 2 of 1895. Law Rev. Ord., 1921.] Short title. Interpretation. Issue of bank notes to be sanctioned by Secretary of State. Saving of existing note issues. Penalties.

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DEFENCES (SKETCHING PREVENTION) ORDINANCE, 1895

no. 1 of 1895.

an ordinance to prevent the sketching of defences.

[4th march, 1895.]

1. This ordinance may be cited as the defences (sketching
prevention) ordinance, 1895

1A. in this ordinance

(a) battery includes any battery, field-work or fortifica-
tion, or any portion thereof, within the colony or the waters
thereof.

(b) naval or military premises or anchorages includes
every place, whether on land or on water, which is reserved,
either wholly or in part and whether at intervals or
continuously, for naval or military operations or purposes.

(c) sketch includes any sketch, drawing, photograph,
negative, picture or painting.

as amended by law rev., ord., 1923.
as amended by no. 32 of 1914, and law rev., ord., 1923.





2.(1) it shall not be lawful for any person, whether a
british subject or an alien, to make or attempt to make or
have in his possession, custody, or control, any sketch of any
battery, or of any naval or military premises or anchorages,
or of any of his majesty's ships without the permission in
writing of the governor.

(2) such permission shall clearly and expressly state the
nature of the sketches which may be made or possessed
by the person to whom such permission is given, and the
place of which such sketches may be made.

3. every person who contravenes the provisions of section
2 shall upon summary conviction be liable to a fine not
exceeding five hundred dollars, or to imprisonment for any
term not exceeding three months; and further, all such
sketches shall be liable to forfeiture.

4. every person found in the immediate vicinity of any
battery, or of any naval or military premises or anchorages, or
of any of his majesty's ships, and with sketching, drawing,
photographic, or painting materials or apparatus in his
possession, with the intention of contravening the provisions
of section 2, shall upon summary conviction be liable to a
fine not exceeding one hundred and twenty-five dollars, or to
imprisonment for any term not exceeding one month.

4A. every person who, without lawful authority or excuse,
is found in or upon any battery, or in or upon any place,
whether fortified or not, which is set apart or reserved for
naval or military operations or purposes and which the general
public have no right to enter into or upon, shall be guilty of
an offence and shall upon summary conviction be liable to a
fine not exceeding five hundred dollars, or to imprisonment
for any term not exceeding six months.

5. it shall be lawful for the captain superintendent or
deputy superintendent of police or for any police officer
authorised by either of them, to search the baggage, apart-
ments, and premises of any person found committing any
offence against this ordinance, and to take possession of any

as amended by no. 32 of 1914.
as amended by by law rev, ord., 1923
as amended by no. 32 of 1914 and law am ord., 1923.
as amended by law am ord., 1923.

sketches which may appear to him to have been illegally
made, and to detain and deal with the same in such manner
as may be directed by a magistrate.

6. Any commissioned or non-commissioned officer in his
majesty's naval or military forces and any police officer may,
with or without any warrant or other process, apprehend or
cause to be apprehended any person offending against this
ordinance or suspected of so offending, and may bring him
or cause him to be brought before a magistrate for the
purpose of being dealt with according to law.

7. whenever it appears to any magistrate upon the oath
of any person of repute that thereis good cause to believe
that there is in any house, shop, room or other place any
sketch, in respect of which it may appear that an offence has
been committed against this ordinance, such magistrate may
by warrant directed to any european police officer empower
such officer to enter the same with such assistance as may be
necessary in the day-time and if necessary to use force by
breaking open doors or otherwise and search for and seize
any such sketch found therein, and to arrest any person who
may appear to have such articles so seized in his possession,
custody or control

[s. 8, rep. no. 26 of 1912.]
[Originally No. 1 of 1895. No. 32 of 1914. Law Rev. Ord., 1924.] short title. Interpretation. Prohibition of sketching of battery, etc. Penalty. Penalty on person attempting to sketch battery, etc. Trespassing on fortifications or naval or military premises. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant.

[Originally No. 1 of 1895. No. 32 of 1914. Law Rev. Ord., 1924.] short title. Interpretation. Prohibition of sketching of battery, etc. Penalty. Penalty on person attempting to sketch battery, etc. Trespassing on fortifications or naval or military premises. Power to search for and seize illegal sketches, etc. Arrest of offender. Issue of search warrant.

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TELEGRAPHIC MESSAGES ORDINANCE, 1894

no. 1 of 1894, incorporated in no. 4 of 1897.

no, 2 of 1894, repealed by no. 43 of 1912.

no. 3 of 1894

an ordinance to secure the rights of property in telegraphic
messages, and to prevent thd forgery and inproper
disclosure of telegrams.

1. This ordinance may be cited as the telegraphic messages
ordinance, 1894.

2. whenever any message, transmitted by telegraph from
any place outside of this colony, is received by any person
association, or company in this colony, for the purpose of
publication in any newspaper, or, by printed circular or
otherside, to any limited number of persons member of or
subscribers to any such association or company, no person.
whether a member of or subscriber to such association or
company or not, shall, without the consent in writing of such
person, association, or company by whom such message has
been receivedm print or publish in any newspapers or in any
letter or circular or other printed or written communication,
such telegraphic message, or hte substance thereof, or any
extract therefrom, until after the expiration of a period of
thirty-six hours from the time of the first publication of such
message by the person, association, or company receiving the
same: Provided always that such protected period shall not
extend beyond forty-eight hours from the time of the first
receipt in the colony of such message: Provided, also, that
the publication of any similar message lawfully received in
like manner by any other person, association, or company,
by such other person, association, or company shall not be
deemed or taken to be a publication of such first-mentioned
message within this ordinance.

3. Every person who prints or publishes or causes to be
printed or published any matter contrary to thte provisions
of this ordinance shall upon summary conviction be liable




to a fine not exceeding one hundred dollars for the first
offence, and not exceeding one hundred and fifty dollars for
the second and every subsequent offence. If imprisonment
is imposed for default of payment it shall be without hard
labour.

4. Every telegraphic message in respect of which the
protection of this ordinance is claimed shall be published
with the heading by telegraph, and the name of the
person, associaion, or company claiming such protection,
and shall state the date and hour of its receipt in the colony
and of its publication, and such statement shall be prima facie
evidence of the times of the receipt and publication of such
message.

5. In any prosecution under this ordinance the production
of any document which pruports to be a telegraphic message
duly and regularly issued by any telegraph office in this
colony by telegraph, form the place therein mentioned to
the address of the person, association, or company therein
named, and was duly delivered in the colony to such person,
association, or company.

6.(1) Every person who
(a) forges, or wilfully and without due authority alters,
a telegram; or

(b) utters a telegram, knowing the same to be forged on
wilfully and without due authority altered; or

(c) transmits by telegraph as a telegram, or utters as a
telegram, any message or communication which he knows
to be not a telegram.

shall, whether he had or had not an intent to defraund, be
guilty of a misdemeanor and be liable upon summary
conviction to a fine not exceeding fifty dollars, and on
conviction on indictmnet to imprisonment for nay term not
exceeding twelve months.

(2) Every person who, being in the employment of a
telegraph company as defined by this section, umproperly
divulges to any person the purport of any telegram, shall be

As amended by law am ord., 1923.
As amended by law am ord., 1923. and law am ord, 1923.
guilty of a misdemeanorand be liable upon summary conviction
to a fine not exceeding one hundred dollars, and on conviction
on indictment to a fine not exceeding one thousand dollars, or
to imprisonment for nay term not exceeding twelve months

(3) for the purposes of this section

(a) telegram means a written or printed message or
communication sent to or delivered at a post office, or the
office of a telegraph company, for transmission by telegraph,
or delivered by the post office of a telegraph company as a
message or communication transmitted by telegraph; and

(b) telegraph company means any company, corporation,
or persons carrying on the business of sending telegrams
for the public, under whatever authority or in whatever
manner such company, corporation, or persons may act or be
constituted.
[Originally No. 14 of 1894. Law Rev. Ord., 1924.] Short title. Protection of certain telegrams from publication within certain period. Penalty on person printing, etc., matter contrary to the Ordinance. [cf. No. 3 of 1890, s. 57.] Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict, c. 76, s. 11. Interpretation.

[Originally No. 14 of 1894. Law Rev. Ord., 1924.] Short title. Protection of certain telegrams from publication within certain period. Penalty on person printing, etc., matter contrary to the Ordinance. [cf. No. 3 of 1890, s. 57.] Heading of protected telegram, etc. Evidence. Forgery and improper disclosure of telegrams. 47 & 48 Vict, c. 76, s. 11. Interpretation.

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STATUTORY DECLARATIONS ORDINANCE, 1893

No. 8 of 1893.
An Ordinance concerning statutory declarations
[4th September, 1893.]

Whereas, by an Act of Parliament, known as the statutory
Declarations Act, 1835, -after reciting that it might be necessary
and proper in many cases not therein specifted to require
tion of written instruments or allegations or proof of debts or of the
execution of deeds or other matters, it was enacted (amongst other
things) that it should and might be lawful for any justice of the
peace, notary public, or other officer then by law axithorised to
administer an oath to take and receive the declaration of any
person voluntarily making the same before him in the form in the
Schedule thereto annexed, and that if any declaration so made,
should be false or untrue in any material particlilar the person
wilfully making such false declaration should be deemed guilty of
a misdemeanor ; AND WHEREAS it has been the practice for justices
of the peace and others in this Colony to take and reccive
declarations purporting to be inade by virtue of the provitsions of
the said Act ; AND WHEREAS doubts have arisen whethet. or not the
said enactment extends to and is in force, int this Colony and
whether or not the said practice is lecral, and it is expedieat to
reniove. such doubts, and to inake further provision regarding
statutory declarations

This Ordinance mav be cited as the statutory declara-
tions Ordinance, 1893.

2. The Statutory Declarations Act, 1835, shall be deemed
to be in force in this Colony and to have so been from the
date when the Colony obtained a legislature, that is to
say, from the 5th day of April, 1841

3. A declanalon made in Form No. A or Form, No. 2, as
the case may be, in the Schedule shall be deemed to be a
statutory declaration made by virtue of the provisions of the
said Act and shall be sufficient for all purposes. '

4. Where the declarant is unacquainted with the English
language the declaration shall be in form no. 2 in the
Schedule, the interpreter having been first declared as in
Form no. 3 in the Schedule, or sworn to the like effect. The
declaration of the interpreter shall be deemed to be a
declaration.

[s. 5 rep no. 21 of 1922.]
as amended by law rev. ord 1923





SCHEDULE
FORM NO. 1 [S. 3]

I, A.B. do solemnly and sincerely declare that
and I make this solemn declaration conscientiously
believing the same to be true and by virtue of the provisions of the
sttautory declarations act, 1835.

(signed) A.B.

declared at in hongkong this day of 19
before me

[name and designation of the justice, notary
public, or other authorised officer.]
form no.2 [ss. 3 and 4]

declaration by a person who does not understand the english language.

I, A.B. do solemnly and sincerely declare that
and I make this solemn declaration conscientiously beleiving the same
to be ture nad by virtue of the provisous of the statuory declarations
act, 1835.


(signed) A.B.

declared at in hongkong this day of 19

throught the interpretation of of
the said having been also first declared [or sworn, as
the case may be] that he had truly, distinctly, and audibly interpreted
the contents of this decument to the declarant, and that be would truly
and faithfully interpret the declaration about to be administered to him.

before me

[name and designation of the justice, notary
public, or other authorised officer.]
form no.3 [s. 4]

declaration or oath by interpreter.

I do solemnly and sincerly declare that I well understatnd the
english and chinese [or as the case may be] languages that I have
truly, distinctly, and audibly interpreted the contents of this docu-
ment to the declarant A.B. and that I will truly and faithfully interpret
the declaration about to be administered to him.

(signed) interpreter.

declared at in hongkong this day of 19
before me,
[name and designation of the justice, notary
public, or other authorised officer.]

no. 9 of 1893, repealed by no. 23 of 1909.

[Originally No. 12 of 1893. No. 21 of 1922. Law Rev. Ord., 1924.] 5 & 6 Will. 4, c. 62. Short title. Enactment of Statutory Declarations Act, 1835. Form of declaration. Schedule, Forms Nos. 1 and 2. Declaration by foreigner. Schedule. Forms Nos. 2 and 3. Or as the case may be. Or as the case may be. In case of oath substitute the word swear for the words solemnly and sincerely declare. Or as the case may be.

[Originally No. 12 of 1893. No. 21 of 1922. Law Rev. Ord., 1924.] 5 & 6 Will. 4, c. 62. Short title. Enactment of Statutory Declarations Act, 1835. Form of declaration. Schedule, Forms Nos. 1 and 2. Declaration by foreigner. Schedule. Forms Nos. 2 and 3. Or as the case may be. Or as the case may be. In case of oath substitute the word swear for the words solemnly and sincerely declare. Or as the case may be.

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MASONIC BENEVOLENCE FUND INCORPORATION ORDINANCE, 1893

No. 7 of 1893.

An ordinance for the incorporation of the trustees of the
hongkong and south china masonic benevlence fund.

[2nd August, 1893.]

1. this ordinance may be cited as the masonic benevolence
fund incorporation ordinance, 1893.

2. (1) the trustees of the hongkong and south china
masonic benevolence fund, who have been certified as such
on behalf of the corporation by a statutory declaration made
by the secretary and filed with the registrar of companies,
shall be a body corporate (hereinafter called the corporation)
and shall have the name of the hongkong and south
china masonic benevolence fund corporation, and by that
name shall have perpetual succession, and shall and may sue
and be sued in all courts, and shall and may have and use a
common seal.

(2) the said corporation shall have full power to acquire,
accept leases of, purchase, take, hold, and enjoy any lands,
buildings, messuages, or tenements of what nature or kind
soever, and wheresoever situate in this colony or elsewhere,
and also to invest moneys on deposit in any bank either
in this colony or elsewhere on such terms as may seem
expedient to it, or on mortgage of any lands, buildings,
messuages, or tenements in this colony or elsewhere,

As amended by law rev. ord., 1923





or on the mortgages or debentures of any corporation or
company carrying on business or constituted for any purpose
in this colony or elsewhere.

(3) the said corporation is hereby further empowered by
deed under its seal, to grant, sell, convey, assign, surrender
and yield up, mortgage, demise, re-assign, transfer, or
otherwise dispose of or deal with any lands, buildings,
messuages, tenements, mortgages, or debentures vested in
the said corporation, on such terms as to the said corpora-
tion may seem fit.

[s. 3, rep. No. 1 of 1912.]

4. all deeds and other instruments requiring execution by
the said corporation shall be sealed with its seal and signed
in manner provided by its by-laws.

5. (1) the said corporation may adopt the existing by-
laws of the hongkong and south china masonic benevolence
fund, so far as they are not inconsistent with this ordinance,
and may (notwithstanding that such existing by-laws provide
that alterations therein can be proposed only at the annual
meeting therein mentioned) alter the same, or may frame
other by-laws for its internal management and control.

(2) All such by-laws, when agreed upon by the said
corporation, shall be binding on every member thereof.

(3) a copy of the by-laws, and of any amendment thereof,
certified as correct by the secretary, shall be deposited and
filed with the registrar of companies.

6. nothing in this ordinance shall affect or be deemed to
affect the rights of his majesty.

7.(1) there shall be payable by the said corportation to
the registrar of companies a fee of three dollars on the
deposit and filing of each copy of the by-laws, and a further
fee of three dollars for the making and filing of every such
declaration as is mentioned in section 2.

(2) A fee pf fifty cents shall be payable for every search
of the file.

[Originally No. 11 of 1893 Law Rev. Ord., 1924.] Short title. Incorporation of trustees of Hongkong and South China Masonic Benevolence Fund. Execution of deeds, etc. Adoption and making of by-laws, etc. Saving of rights of the Crown, etc. Fees.

[Originally No. 11 of 1893 Law Rev. Ord., 1924.] Short title. Incorporation of trustees of Hongkong and South China Masonic Benevolence Fund. Execution of deeds, etc. Adoption and making of by-laws, etc. Saving of rights of the Crown, etc. Fees.

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PO LEUNG KUK INCORPORATION ORDINANCE, 1893

No. 6 of 1893

An ordinance for the incorporation of the chinese society
for the precention of kidnapping and for the protection
of women and childred, commonly known as the po leung kuk.


whereas in the year 1878 a chinese society entitled the po leung
kuk was formed in the colony for the prevention of kidnapping
and for the protection of women and childred and the same has
been supported and carried on partly by voluntary contributions up
to the present; and whereas the said society has from time to time
endered assistance to the government in the detection and
suppression of the crime of kidnapping and kindred offences and
in the rescue and restoration or maintenance of kidnapped persons:
and whereas it is desirable to give to the said society a permanent


As amended by law rev. ord., 1923.





and legal status and to endow the same with funds out of the
tresury: and whereas certain members of the said society have
applied to the governor to grant them an ordinance of incorpora-
tion, which the governor has consented to do, under and subject to
the conditions and provisions hereinafter contained:-

1. this ordinance may be cited as the po leung kuk
incorporation ordinance, 1893,

2. such persons as have heretofore or may hereafter become
donors of any sum not under twenty-five dollars to the funds
of the society or may subscribe annually to such funds a sum
not under five dollras (so long as they continue so to
subscribe), and whose names are entered upon the register of
members hereinafter mentioned, shall be one body politic and
corporate, in name and in deed, by the name of the po
leung kuk, with perpetual succession and a common seal,
and with power to purchase, acquire, receive, take, hold, and
enjoy to themselves and their successors any lands, tenements,
hereditaments, buildings, or other property of any kind
whatever for the purposes of the society, and shall and may
sue or take proceedings and be sued in their corporate name
in all courts.

3. the society is incorporated for the purpose of assisting
the government in the suppression of kidnapping and the
protection of women and childred: of aiding by correspond-
ence and other means in the detection and bringing to
justice of persons guilty of kidnapping and other kindred
offences: of helping to restore rescued persons to their
relatives or friends: and of providing a home for resened
women and childred until proper provision is made for their
marriage, adoption, or settlement in life, or otherwise for
their welfare.

4. the affairs of the society shall be managed and its
various functions discharged by a permanent board of direc-
tion (hereinafter called the board) and by an elected com-
mittee (hereinafter called the committee).

5.(1) the board shall consist of not less than five and
not more than ten persons, including the secretary for
chinese affairs, who shall be ex officio the president, and
also the members of the legislative council representing the
chinese, who shall be ex officio the vice-presidents.

As amended by law rev. ord., 1923.
As amended by law rev. ord., 1923, and law am ord., 1923.




(2) vacancies in the board shall be filled up by the
governor, who may call upon the continuing members of the
board for their recommendation.

(3) All appointments to the board shall be held only
during the governor's pleasure.

6. the board shall, subject to the provisions of this ordi-
nance, have full power and authority to govern, direct, and
decide all matters whatsoever connected with the administra-
tion of the affairs of the society and the accomplishment of
the objects and purposes thereof, subject to an appeal to the
governor, as hereinafter provided, and may at discretion
depute, by regulations or otherwise, a portion or the whole
of its power and authority to the elected committee.

7. the board shall have power, with the consent of the
governor, to change or vary the corporate name and the
common seal of the society, and the amount of the donation
to the funds of the sociery hereinbefore prsecribed as a
qualification for becoming a member thereof, and may, with
such consent as aforesaid, refuse to admit any person as a
member or may expel any existing member and cause his
name to be erased from the register.

8. the board shall have power to make regulations for
their procedure in the transaction of business and the
maintenance of good order at their meetings, and for the
guidance of the committee, and generally for all matters
relating to the administration and management of the society
and the discharge of its various duties; provided always
that a copy thereof shall be furnished to the colonial
secretary, and that they shall be subject to disallowance,
alteration, or amendment at any time by the governor.

9. all questions which may arise at any meeting of the
board shall be decided by a majority of votes, and , in case
of an equality of votes, the president shall have a casting
vote in addition to his original vote: provided that, in any
case in which the board is divided in opinion, the president
or any two members of the board may demand that the point
be referred to the governor for his decision, which shall in
every such case be final.

10. (1) the committee shall consist of not less than six
and not more than twelve members of the society, to be
elected as hereinafter mentioned, who shall from time to time
appoint one of their body to be chairman.




(2) every member of the committee shall hold office for
the term of one year only, but shall be eligible for re-election
at the expiration thereof.

11.(1) the members of the committee shall be elected
as occasion may require by a majority of votes of members
of the society who may be within the colony at the time of
such election.

(2) Every such member of the society, whether a firm or
individual, shall be entitled to one vote only.

12. The committee shall, subject to such regulations as
may be made by the board in that behalf, undertake and
exercise the immediate supervision and management of the
work of the society.

13. (1) the board shall cause a register to be kept in
which every person or firm, desiring to become a member of
the society and being duly qualified shall, subject to the
provisions of section 7, be entitled to have his name of firm
to be kept, which shall also cause proper books of account
inspection of members of the society and of any person
whom the governor may appoint in that behalf.

(2) the board shall also, within one month after the expiration
of every year, transmit to the colonial secretary a full
report of work done during the previous year, together
society and an account of their receipts and disbursements
during the previous year, and such statement shall be
verified upon oath before a justice of the peace by two
members of the board.

[(3), rep. law amendment ordinance, 1923.]

14. In case it is at any time shown, to the satisfaction of
the governor, that the society has ceased, or neglected, or
failed to carry out in a proper manner the objects and
purposes of its establishment as set forth in section 3, or the
objects and purposes of this ordinance, or to fulfil the
conditions thereof, it shall be lawful for the governor, by an
ordinance to be passed for that purpose, to repeal this
ordinance and to declare that the incorporation hereby
granted shall cease and determine and become absolutely
void,.







15. In case the incorporation hereby granted ceases under
the provisions of section 14, all the property and assets of the
society shall, for the purposes hereinafter mentioned, become
vested in the crown, subject to the rateable payment there-
out of the just debts and liabilities, if any, of the society, to
the extent of such property and assets, and the balance of
such property and assets shall be applied by the governor
towards the objects for which the society was established or
such of them as the governor may, in his discretion, deem
best.

16. for the purposes of the society and to make provision
for a building or buildings for temporarily housing and
maintaning women and girls detained under the provisions
of any ordinance relating to the protection of women and
girls and as the asylum for them during such detention, it
shall be lawful for the governor in council to authorise the
payment to the society of a sum not exceeding 20,000 dollars.

17. the buildings of the society shall be kept and main-
tained for the objects and purposes specified insection 3 out
of the voluntary subsciptions to society and out of such
income or money as the society may derive from any source
whatever.

18. all buildings and premises of the sociery shall be
open, at all reasonable times, to the inspection of the
governor, of the captain superintendent of police, of any
two unfofficial judtices of the peace who may be appointed by
the governor to be visitors, or of any other persons whom
the governor may appoint or authorise in writing in that
behalf.

19 .(1) if shall be lawful for the governor, to direct that
the services of certain subordinate officers of police and of
certain district watchmen shall be placed at the disposal of
the society, on such terms and under such conditionsa as the
governor may sanction.

(2) such officers of police nad district watchmen shall
regularly report their proceedings to the captain super-
intendent of police.

as amended by law rev. ord., 1923.


20. Any person apprehended by any police officer shall,
without unreasonable delay, be sent or taken to a police
station, and any woman, or girl, or other person in respect of
whom there is cause to suspect that an offence has been,
or is being, or is about to be committed may be taken at once
to such place as may be provided by the society or to such
other place of safety as the secretary for chinese affairs
may direct, there to remain until proper provision can be
and so that in the meantime the evidence of such person may
be available when required.

[s. 21, rep. No. 31 of 1911; Schedule, rep. No. 1 of 1912.]

[Originally No. 10 of 1893. Law Rev. Ord., 1924.] Short title. Incorporation of Po Leung Kuk Society. Object and purpose of incorporation. Management of Society. Permanent Board of Direction. General powers of Board. Further powers of Board. Regulations. Determination of questions at meeting of Board. Constitution of committee. Election of committee. Powers of committee. Register of members. Cases in which incorporation may be determined. Disposal of property in case of incorporation ceasing. Government grant. [cf. No. 4 of 1897.] Buildings. Inspection of buildings. Use of services of police, etc. Course to be adopted when person apprehended.

[Originally No. 10 of 1893. Law Rev. Ord., 1924.] Short title. Incorporation of Po Leung Kuk Society. Object and purpose of incorporation. Management of Society. Permanent Board of Direction. General powers of Board. Further powers of Board. Regulations. Determination of questions at meeting of Board. Constitution of committee. Election of committee. Powers of committee. Register of members. Cases in which incorporation may be determined. Disposal of property in case of incorporation ceasing. Government grant. [cf. No. 4 of 1897.] Buildings. Inspection of buildings. Use of services of police, etc. Course to be adopted when person apprehended.

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DOGS ORDINANCE, 1893

No. 4 of 1893, repealed by No. 2 of 1920.

No. 5 of 1893.

An Ordinance to make provision for regulating the keeping
of dogs, and for the prevention of the importation and
spread of rabies.
[26th June, 1893.]

WHEREAS it is expedient that the conditions under which dogs may
be kept in, this Colony sbould be duly regulated and that the
importation and spread of rabies, should be prevented

1. This Ordinance may be cited as the dogs ordinance, 1893.

2. Tn this Ordinance,
(a) Dog includes the male and female animal, but does
not include puppies under the age of three months.

(b) Owner includes the person in charge or apparently
in charge of any dog where the real owner is not in the
colony or cannot be readily ascertained.

3.-(1) No person shall keep a dog without a licence from
the Captain. Superintendent of Police.

(2) The fee payable for each dog included in such licence
shall be three dollars, or such other sum as the Governor in
Council may by notification direct; but no fee shall be,
payable for any dog in cases where it is shown, to the
satisfaction of the Captain Superintendent of Police, tbat
such dog is kept by an agriculutist solely asa watch dog and
is necessary for that purpose.

(3) Every licence shall expire oil the 31st day of December
of the year in which it is taken out. .

4. With each licence the Captain Superintendent of Police
shall, without extra fee, issue, for each dog included in such
licence, a metal badge duly numbered, which shall be worn
by the dog either attached to its collar or otherwise fastened
on to its neck.

See also proclamation no. 1 of 1920.
As amended by Law Rev. Ord, 1923.

5. (1) the captain superintendent of police with the
approval of the governor may grant to any person, and may
at any time revoke, a permit to keep a dogs home, which
shall be subject to the regulations made under section 6.

(2) Section 3 and 4 shall not apply to a dog while
detained in any dogs home.

6. It shall be lawful for the governor in council to make
regulations for enforcing prompt report being made to the
police of all cases of rabies or suspected rabies, for prescribing
the conditions under and in accordance with which dogs may
be imported into or kept in this colony or allowed to go
abroad in the public thoroghtfares or elsewhere, for seizing,
detaining, destroying, or otherwise dealing with or disposing
of any dogs which may be imported, kept, or allowed to go
abroad, otherwise than in accordance with such conditions,
and for regulating dogs homes.

7. the breach of any provision of this ordinance shall be
punishable on summary conviction with a fine not exceeding
one hundred dollars.

8. Every person who obstructs or impedes, or assists in
abstructing or impeding any officer of police in the enforce-
ment of this odrdinance may be apprehended by such officer
without warrant.
[Originally No. 9 of 1892. Law Rev. Ord., 1923.] Short title. Interpretation. Prohibition of keeping dog without licence. Issue and wearing of badge. Captain Superintendent may grant permit to keep a dogs home. Regulations. Penalties. Arrest without warrant of persons obstructing.

[Originally No. 9 of 1892. Law Rev. Ord., 1923.] Short title. Interpretation. Prohibition of keeping dog without licence. Issue and wearing of badge. Captain Superintendent may grant permit to keep a dogs home. Regulations. Penalties. Arrest without warrant of persons obstructing.

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MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

No. 3 of 1893.

An ordinance to authorise marriages in articulo mortis.

whereas it is expedient in certain cases to permit marriage in
articulo mortis without previous compliance with certain require-
ments of the marriage ordinance, 1875.

1. this ordinance may be cited as the marriage in articulo
mortis ordinance, 1893.

2. it shall be lawful for any competent minister to
celebrate a marriage, without the previous delivery to him
of the certificate of the secretary for chinese affairs or the
governor's special licence, (as required by section 19 (2) of
the marriage ordinance, 1875), in the following special case,
that is to say, where the marriage is between two persons
who have lived together in unlawful concubinage and one of
them is in articulo mortis: Provided that no such marriage
shall be valid unless the following conditions are observed:

rights of persons holding stock or bonds issued under the authority of
no. 1 of 1893 are preserved by no. 7 of 1913, s. 40.

as amended by law rev. ord., 1923.





(a) no such marriage shall be celebrated unless both the
parties are able to signify their consent thereto and do
so in the presence of two withnesses;

(b) no such marriage shall be celebrated where either of
the parties is under twenty-one years of age, not being a
widower or widow, unless the person whose consent is
required is present and gives his or her consent verbally;

(c) no such marriage shall be valid which would be null
and void, on the ground of kindred or affinity, in England;
and

(d) the minister celebrating any such marriage shall,
within seven days from the celebration thereof, forward to
the secretary for chinese affairs, to be filed in his office, a
certificate in teh form in the schedule. the certificate shall
be signed by the minister, and, where practicable, by the
persons so married, and by the witnesses to the marriage,
and, if either of the parties is unalble to sign, the minister
shall certify accordingly.

3. No marriage in articulo mortis shall revoke any will or
codicil previously made by either of the parties to such
marriage, but such will or codicil shall have the same
validity as if such marriage had not taken place.

4. (1) Every person who-

(a) knowingly celebrates any marriage in purported
pursuance of this ordinance contrary to or not in accordance
with any provision thereof: or,

(b) not being legally competent, celebrates any marriage
under this ordinance,

shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years.

2. Every minister who, after celebrating a marriage
under this ordinance, fails to transmit the certificate thereof
in accordance with the provisions of section 2(d) shall upon
summary conviction be liable to a fine not exceeding fifty
dollars,

As amended by Law am ord., 1923


As amended by Law Am. Ord., 1923.








marriage in articulo mortis No. 3 of 1893. 653 [Originally No. 3 of 1893. Law Rev. Ord., 1924.] Ordinance NO. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinances No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

[Originally No. 3 of 1893. Law Rev. Ord., 1924.] Ordinance NO. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinances No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

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DIOCESAN SCHOOL AND ORPHANAGE INCORPORATION ORDINANCE, 1892

No. 3 of 1892.

An ordinance for the incorporation of the chairman of the
committee of the diocesan school and orphanage.

1. This ordinance may be cited as the diocesan school
and orphanage incorporation ordinance, 1892.

2. the chairman of the committee of the diocesan school
and orphanage shall be a body corporate, and shall have the
name of the chairman of the committee of the diocesan
school and orphanage, and by that name shall have
perpetual succession, and shall and may sue and be sued in
all court, and shall and may have and use a common seal,
and the said seal may break, change, aler, and make anew
as to the said corporation may seem fit, and the said corpora-
tion shall have full power to acquire, accept leases of,
purchase, take, hold, and enjoy any lands, buildings,
messuages, or tenements of what nature or kind soever and
wheresoever situate in this colony, and also to invest moneys
on mortgage of any lands, buildings,messuages, or tenements
in this colony, or on the mortgages or debentures, stocks,
funds, shares, or securities of any corporation or company
carrying on business or having an office in this colony, and
also to purchase and acquire all manner of goods and chat-
tels whatsoever, and the said corporation is hereby further
empowered, by deed under its seal, to grant, sell, convey,
assign, surrender and yield up, mortgage, demise, re-assign,
transfer or otherwise dispose of any lands, buildings, mes-
suages, and tenements, mortgages, debentures, stocks, funds,
and securities, goods and chattels, vested in the said
corporation on such terms as to the said corporation may
seem fit.

[s. 3, rep. No. 1 of 1912.]

4. All deeds, documents, and other instruments requiring
the seal of the said corporation shall be sealed therewith in
the presence of the chairman of the committee or his
attorney duly authorised, and shall also be signed by him or

As amended by law rev, ord., 1923.


his attorney duly authorised, and such signing shall be and
be taken as sufficient evidence of the due sealing of such
deeds, documents, and other instruments.

5. Nothing in this ordinance shall affect or be deemed to
affect the rights of his majesty.

1893

No. 1 of 1893, repealed by No. 7 of 1913.
No. 2 of 1893, repealed by No. 8 of 1912.
[Originally No. 10 of 1892. Law Rev. Ord., 1924.] Short title. Incorporation of Chairman of Committee of Diocesan School and Orphanage. Use of seal of corporation. Saving of rights of the Crown.

[Originally No. 10 of 1892. Law Rev. Ord., 1924.] Short title. Incorporation of Chairman of Committee of Diocesan School and Orphanage. Use of seal of corporation. Saving of rights of the Crown.

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PATENTS ORDINANCE, 1892

No. 2 of 1892.
An ordinance to consolidate and amend the law relating
to the grant in this Colony of letters patent for
inventions.
[1st, April, 1802.]

1. This Ordinance, may be cited as the patents ordinance,
1892.
2.-(1) It shall be lawful for the inventor, or for the
owner by assignment, transmission, or other operation of
law, of any invention or of the exclusive right thereto in

As amended by Law Rev. Ord., 1923.
As amended by Law Rev. Ord., 1923.

As amended by Law Rev. Ord., 1923. and Law Am., Ord., 1923
As amended by No. 21 of 1922
.




this Colony to petition the Governor in Council for letters
patent. for any invention for which letters patent have already
beem granted in the United Kingdom and such petition may
be in Form No.1 in the First Schedule

(2) Every such petition shall be accompanied by the
original letters patent granted for the said invention in the
United Kingdom or by a certified copy of the same and also
by a certified copy of the complete specification filed on the
petition for letters patent for the said invention in the United
Kingdom.

(3) Every such petition shall be further accompanied by
a declaration which may be in Form No. 2 in the first
Schedule or in such other form not being less specific, as to
the Governor may appear proper.

Every such declaration shall be made before some person
duly authorised to administer an oath in the country where
it is made.

(4) Where an applicant other than the patentee to whom
letters patent have been granted in the United Kingdom
claims to be entitled by virtue of licence, assignment, trans-
mission, or other operation of law to be entered on the
register of patents as proprietor in this Colony of such letters
patent, he shall furnish such particulars as the Governor
may require of the licence, assignment, transmission, or other
operation of law in virtue of which his claim is made.

3. Such petition, specification, and declaration shall be
sent to the office of the Colonial Secretary, and notice thereof
and of any intention to apply for such letters patent, and of
the time of the sitting of the Executive Council before which
such other particulars as the Governor may require, shall be
inserted twice in the gazette, and shall be otherwise
advertised as the governor may direct.

4. (1) every petition for a grant of letters patent shall
be considered by the governor in council who may refuse
the prayer of the said petition or may grant it absolutely or
subject to such conditions, amendments, and modifications as
he may think fit: Provided always that no grant of letters
patent shall be made in this Colony for a period exceeding
the period of the duration of the letters patent in the United
Kingdom.





(2) letters patent granted under the provisions of this
Ordinance shall be, in such form as may be prescribed in the
United Kingdom for letters patent there granted or as near
thereto as circumstances will permit.


5. - (1) Subject to the provisions of sub-section (2), letters
patent granted under this Ordinance shall confer all the
rights and privileges and shall subject the grantees thereof
to all the provisions affecting lettens, patent in the United
Kingdom as fully as if the same had been granted with an
extension thereof to this Colony by His Majesty under the
provisions of such statutes as were in force on the 13th day
of August, 1909, in the united kingdom or as near thereto
as the cirdumstances of this colony shall admit of.

(2) Revocation of letters patent granted in this Colony
except at the request of the registered proprietor when
the same may be granted by the governor, shall be
obtained only ou petition to the supreme court, and the
plaintiff shall be required to satisfy- the court that such
revocation is Justified it this Colony on grounds similar to
those oil which the revocation of letters Patent is juslified
in the United Kingdom :

Provided that an order of revocation made under section
27 of the Patents and Designs Act, 1907, shall not operate so
as to revoke or to constitute a ground for revocation of any
letters patent granted in this Colony under this Ordinance,
and provided also that letters patent granted in this colony
shall not be revoked solely on the ground that the patented
article or process is manufactured or carried on exclusively
or mainly outside the Colony if it is manufactured or carried
on exclusively or mainly in the United Kingdom or in any
British possession.

6, In case his Majesty, by the advice of the Privy Counell,
extends the privileges of any letters patent in the united
Kingdom for any Invention for any period, it shall be lawful
for the Governor in Council to extend in like manner such
letters patent, if already granted for this colony, or other-
wise to grant original letters patent for a like extended period
for the same invention.

7.-(1) There shall be kept at such office and in the custody
of such officer as the Governor may direct, by order to be
published in the Gazette, a book called the register of patents,







in which shall be entered the names and addresses of all
grantees of patents under this ordinance and notifications
of assignments and of transmissions of such patents and of
extensions and revocations thereof.

(2) the register of patents shall be prima facie evidence
of all matters directed or authorised by this ordinance to be
inserted therein.

(3) the record or file of all patents granted before the
commencement of this ordinance shall be deemed part of
the register of patents and kept therewith.

8(1) Where a person becomes entitled by assignment,
transmission, or other operation of law to a patent for which
letters patent have been granted in this colony and which
letters patent are valid and subsisting, the governor in
council shall, on request and on proof of title to his satisfac-
tion, cause the name of such person to be entered as the
proprietor of the patent in the register of patents.

(2) the person for the time being entered on the register
of patents as the proprietor of a patent shall, subject to any
rights appearing from such register or to any prior title
duly recorded prior to the commencemnet of this ordinance,
and subject to all equities affecting the same, have power
absolutely to assign, grant licences as to, or otherwise deal
with the same and to give effectual receipts for any con-
sideration for such assignment, licence, or dealing.

9. the register of patents shall at convenient times be
open to the inspection of the public, and a certified copy
under the hand of such officer as may have the custody
thereof, of any entry in such register or record shall be
given to any person requiring the same, on payment of the
fees hereinafter provided.

[s. 10, rep. No. 43 of 1912, Supp. Sched.]

11(1) it shall be lawful for the owner of an invention
to petition the governor in council for provisional protection
in respect of the said invention pending the grant of letters
patent therefor, and the governor in council may, if he shall
consider it expedient so to do, direct that the invention may
for such reasonable period as he shall think fit be used and
published in the colony without prejudice to the letters
patent to be granted for the invention.







(2) Every such petition shall be accompanied by a
specification describing the nature of the invention, and by
a declaration that the petitioner has applied, or intends to
apply within three months from the date of such petition,
for a grant of letters patent for the said invention in the
United Kingdom, and on obtaining the same, to apply for a
grant of letters patent in this colony.

12.(1) It shall be lawful for the governor in council to
make regulations for the better carrying out of this ordinance
and a table of fees to be charged and paid thereunder.

(2) Until amended the fees mentioned in the second
schedule shall be the fees payable under this ordinance.

FIRST SCHEUDLE
FORM NO. 1
Petition for letters patent.

The humble petition of A.B. [or, as the case may be, of C.D. as agent
for A.B.] etc.

that your petitioner [or, as the case may be, that A.B. of whom your
petitioner is the agent, assignee, executor, or administrator] has obtained
His Majesty's letters patent, dated the day of
19, for [state the title of invention as granted] and that such letters
patent ate to continue inforce for years from the day of
19
that your petitioner believers that the said invention is not now and
has not hitherto been publicly used in thid colony.

that the following is the description of the said invention [here state
the particulars shortly, in accordance with the specification on which the
letters patent in England were granted.]

Your petitioner annexes hereto a specification of the said invention
and a declaration, pursuant to the provisions of the patents ordinance,
1892, and prays for a grant of letters patent, for the said invention.

And your petitioner will ever pray, etc.

FORM NO. 2
declaration.

I, [here insert name, condition, and place of residence] do solemuly
and sincerely declare that I am [or, if made by an agent, then that A.B.
of is] in possession absolutely [or, if made in respect
of a locally confined interest, then within the colony of hongkong or
according to the fact] of an invention for [state the nature of the invention
in terms of the english patent] and which invention, I believe, will in





all probability be of great public utility in the said colony; that the
same is not publicly used in the said colony; and that to the best of my
knowledge and belief, the instrument in writing under my hand here-
unto annexed particularly descirbes and ascertains the nature of the
said invention and in what manner the same is to be performed.
dated this day of 19

(signed)

SECOND SCHEDULE [S. 12.]
TABLE OF FEES $ C.

1. on filing petition of inventor or of owner by assignment,
transmission etc., for which letters patent have not
theretofore been granted in the colony..........5.00

2. On grant of letters patent............... 25.00

3. On application for extension ................5.00

4. On grant of extension or original letters patent in lieu of
extension.....................25.00

5. on application for registration of notification of assign-
ment, transmission, etc...................5.00

6. on registering notification of assignment, transmission, etc 2.50

7. for every inspection and search of register, etc. .........1.00

8. for certified copies of entries under section 9, for every
extract not exceeding a folio of 72 words.............2.00

9. And for every folio or a portion of a folio exceeding 72
words at the rate of per folio...............0.25

10. On grant of provisional protection pending the grant of
letters patent...................10.00

11. for notifying grant of letters patent in the Gazette......5.00

12. for notifying registration of assignment or change of
interest in the gazette...........5.00

note:-an application must, in addition, pay the cost of
all requisite advertisements in the gazette and other papers.

[Originally No. 2 of 1892. No. 21 of 1892. Law Rev. Ord., 1924.] Short title. Owner or assignee of invention may petition for letters patent. First Schedule. Form No. 1. Documents to accompany petition. First Schedule. Form No. 2. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation on revocation in Hongkong. 7 Edw. 7, c. 29. Extension of letters patent. Register of patents. Registration of assignment, etc. Inspection of Register of patents. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees. Second Schedule.

[Originally No. 2 of 1892. No. 21 of 1892. Law Rev. Ord., 1924.] Short title. Owner or assignee of invention may petition for letters patent. First Schedule. Form No. 1. Documents to accompany petition. First Schedule. Form No. 2. Particulars of authority to apply to be furnished if required. Filing and advertisement of petition. Hearing of petition. Effect of grant. Procedure to obtain revocation. Limitation on revocation in Hongkong. 7 Edw. 7, c. 29. Extension of letters patent. Register of patents. Registration of assignment, etc. Inspection of Register of patents. Provisional protection. Petition to be accompanied by specification and declaration. Regulations and fees. Second Schedule.

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SURVEYOR GENERAL (CHANGE OF NAME) ORDINANCE, 1892

No. 1 of 1892.
An ordinance to give effect to the change in name and
style of the surveyor general and surveyor general's
department.
[1 st april, 1892.]

WHEREAS the Governor has been pleased to direct that the Surveyor
general shall hebeceforth be known as and styled the director
of public works, and that the surveyor general's department
shall be known as and style the public works department and
it is expedient to give effect to such direction.

1. This Ordinance may be cited as the Surveyor General
(Change of Name) Ordinance, 1892.

2. Wherever in any Ordinance, Order of the Governor in
Council, order of the Governor, rule, regulation, or by-law,
or in any deed, lease, or other document, the expression
Surveyor General , Surveyor General's Department , or
Surveyor General's Office , or any similar expression
occurs, and in order to give effect thereto it is necessary to
substitute the expression Director of Public Works
Public Works Department, Public Works Office , or
other similar expression, such Ordinance, or other
shall be read and construed accordingly.
[Originally No. 1 of 1892. Law Rev. Ord., 1924.] Short title. Construction of Ordinance, etc., where expression Surveyor General etc., occurs.

[Originally No. 1 of 1892. Law Rev. Ord., 1924.] Short title. Construction of Ordinance, etc., where expression Surveyor General etc., occurs.

https://oelawhk.lib.hku.hk/items/show/1148

BANKRUPTCY ORDINANCE, 1891

No. 7 of 1891.
An Ordinance to amend the law relating to bankruptcy.

[1st January, .1892.]

1. This Ordinance may be cited as the Bankruptcy Ordi-
nance, 1891.

2. In this Ordinance

(a) Available act of bankruptcy means any act of
bankruptcy available jor a bankruptcy petition at the date

As amended by Law Rev. Ord., 1923.





of the presentation of the petition on which the receiving
order is made.
(b) The court means the Supreme Court.
(c) Gazetted means published in the Gazette.
(d) Goods includes all chattels personal.
(e) Ordinary resolution means a resolution decided by
a majority in value of the creditors present, personally or
by proxy, at a meeting of creditors and voting on the
resolution.
(f) Property inclueds money, goods, things in action,
land, and every descirption of property, real or personal,
immovable or movable, corporeal or incorporeal, and whether
situate in this Colony or elsewhere, and any interest therein
whether at law or in equity, present or future, vested or
contingent, arising out of or incident to property as above
defined.
(g) Provable debt includes any debt or liability
provable in bankruptcy under this Ordinance.
(h) The Registrar means the Registrar of the Supreme
Court.
(i) Secured creditor means a person holding a mortgage,
charge, or lien on the property of the debtor or any part
thereof as a security for a debt due to him from the debtor.
(j) Special resolution means a resolution decided by a
majority in number and three-fourths in value of the creditors
present, personally or by proxy, at a meeting of creditors
and voting on the resolution.
(k) Suit and action are synonymous terms.
(l) The trustee means the trustee in bankruptcy of the
debtor's estate.

PART I

PROCEEDINGS FORM ACT OF BANKRUPTCY TO DISCHARGE.
Acts of bankruptcy.

3.-(1) A debtor commits an act of bankruptcy in each of
the following cases:-
(a) if, in this Colony or elsewhere, he makes a conveyance
or assignment of his property to a trustee or trustees for the
benefit of his creditors generally; or








(b) if, in this Colony or elsewhere, he makes a fraudulent
conveyance, gify, delivery, or transfer of his property or of
any part thereof; or
(c) if, in this Colony or elsewhere, he makes a conveyance
or transfer of his property or any part thereof or creates any
charge thereon which would be void as a fraudulent
preference if he were adjudged bankrupt; or
(d) If, with intent to defeat or delay his creditors, he does
any of the following things, namely, departs out of this
Colony, or being out of this Colony, remains out of it, or
departs from his dwelling-house, or otherwise absents him-
self, or begins to keep house, or removes his property or any
part thereof beyond the jurisdiction of the court; or
(e) if execution against him in proceedings in the court
has been levied by seizure of his goods, and the goods have
been sold or held by the bailiff of the court for twenty-one
days; or
(f) if he files in the court a declaration of his inability to
pay his debts or presents a bankruptcy petition against him-
self; or
(g) if a creditor has obtained a final judgment against him
for any amount and, execution thereon not having been
stayed, has served on him in this Colony, or by leave of the
court elsewhere, a bankruptcy notice under this Ordinance
requiring him to pay the judgment debt in accordance with
the terms of the judgment or to secure or compound for it to
the satisfaction of the creditor or the court, and he does not,
within eight days after service of the notice, in case service
is effected in the Colony, or, in case service is effected else-
where, within the time limited in that behalf by the order
giving leave to effect service elsewhere, either comply with
the requirements of the notice or satisfy the court that he
has a counterclaim, set-off, or cross-demand which equals or
exceeds the amount of the judgment debt and which he could
not set up in the action in which the judgment was obtained;
or
(h) if he gives notice to any of his creditors that he has
suspended or that he is about to suspend payment of his
debts.
(2) A bankruptcy notice under this Ordinance shall be
issued to a judgment creditor by the Registrar on the filing
of a request for that purpose.






(3) In this section, debtor includes a person who, though
not himself personally Within the Colony, carries on business
by an agent within the Colony and possesses assets therein.

In the case of a person who is not, a British subject, the
meaning of the word debtor is not confined to a person
who is personally present in the Colony when he commits
the act which is made an act of bankruptcy.

Receiving order and Official Receiver

4. Subject to the conditions hereinafter specified, if a
doldor cominits an act of bankruptcy the cour may, on a
bankruptcy petition being presented either by a creditor or
by the debtor, make an order, called a receiving order, for
the protection of the estate.

5.---(1) SubJect to the. provisions of section 6, a, creditor
shall not be entitled to present a bankruptcy petition against
a debtor unless-

(a) the debt owing bY the debtor to the petitioning creditor,
or, if two or more creditors join in the petition, the aggregate
amount of debts owing to the several petitioning creditors,
to three hundred dollars; and

(b) the debt is a liquidated sum payable either immediately
or at some certain future time; and

(c) the act of bakruptcy on which the petition is grounded
has occurred within four months before the presentation of
the petition; and
(d) the debtor is domiciled in the Colony or, within a year
before the date of the presentation of the petition, has
ordinarily resided or had a dwelling-house or place of
business in the colony.
(2) if the petitioning creditor is a secured creditor, he
must in his petition either state that he is willing to give up
his security for the benefit of the creditors in the event of
the debtor being adjudged bankrupt or give and estimate of
the value of his security. In the latter case he may be
admitted as a petitioning creditor to the extent of the balance
of the debt due to him, after deducting the value so estimated,
in the same manner as if he were an unsecured creditor.

As amended by Law Rev., Ord., 1923





6. The following provisions shall have effect in the case
of a firm carrying on business in the colony:-

(1) a creditor of the firm shall be entitled to present a
bankruptcy petition against the firm, and a receiving
and an order of adjudication may be made against the firm in
of in act of bankruptcy conimitted in reference to
the business of the firm by any partner of the firm or by any
person having the control or managemnent of the business of
the firm. An act of bankruptcy shall be deeined to be
committeed in reference to the business of the firm in all
cases in which the act relates to the property or creditors of
the firm and would be art act of bankruptcy by such partner
or person as aforesaid If it related to his property or creditors;

(2) it shall be sufficient that a receiving order against the
firm be made in the firm name, without mentioning the names
of the partners, and such receiving order shall alfect the
joint and separate property of all the partners, and the like
provisions shall apply in respect of an adjudication of bankruptcy;

(3) the right of a creditor to preselit a bankruptcy petition
against the firm and the jurisdiction of the court to make a
receiving order or an adjudication of bankruptcy against
the firm, shall not be affected by the fact, if it is so, that all
or any of the partners of the firm are not British subjects or
are not resident or domiciled in the Colony; and

(4) the provision's of this section shall verified by affidavit
of the case will permit, apply to any person carrying on
business in the Colony in a name or style other than his own
name.

7.-(1) A creditor' petition shall be verified by affidavit
of the creditor, or of some person on his behalf having
knowledge of the faces, and served in the same manner is a
writ of summons.

(2) It shall not be heard until the expiration of eight days
from the service thereof, except by leave of the court on
good cause shown.

(3) At the hearing the court shall require proof of the
debt of the petitioning creditor, of the service of the
and of the act of bankruptcy or, if more acts of bankruptcy

As amended by Law Am. Ord., 1923.





than one, are alleged in the. petition, of some, one of the
alleged acts of bankruptcy, and, if satisfied with the proof,
may make a receiving order in pursnance of the petition.

(4) If the court is not satisfied with the proof of the
petitioning creditor's debt, or of the service of the petition,
or of the act of bankruptcy, or is satisfied by the debtor that
he is able to pay his debts, or is satisfied that there are and
will be no substantial assets for division among the creditors,
or that for other sufficient cause no order ought to be made,
the court may dismiss the petition.

(5) A debtor intending to show cause against a petition
shall file with the Registrar specifying the statements
in the petition he intends to dispute, and shall serve on the
petitioning creditor or his solicitor a copy of such notice two
days before the day on which the petition is to be heard.

(6) Where the debtor appears on the petition and denies
that he is indebtal to the petitioner, or that he is indebted
such an amount as would justify the petitioner in presenting
a petition against him, the court, on such security, if any
being given as the court may require for payment to the
petitioner of any debt which may be established against him
in due course of law and of the costs of establishing the
debt, may, instead of dismissing the petition, stay all pro-
ceedings on the petition for such time as may be required
for trial of the question relating to the debt.

(7) Where proceedings are stayed, the court may, if by
reason of the delay caused by the stay of proceedings or for
any other cause it thinks just, make a receiving order on the
petition of some other creditor, and shall thereupon dismiss,
on such terms as it thinks just, the, pefition in which
proceedings have been stayed as aforesaid.


8. --(1) A debfor's petition shall allege that the debtor is
unable to pay his debts and the presentation thereof shall
be deemed an act of bankruptcy without the previous filing
hy the debtor of any declaration of inability to pay his debts,
and the court shall thereupon make a receiving order:
Provided that it shall be lawful for the court, in its discre-
tion, to refuse the order unless it is satisfied that there are
or will be substantial assets for division among the creditors.





(2) A debtor's petition shall not after presentment be
withdrawn without the leave of the court.

9.--(1) The Governor may appoint such persons as he
thinks fit to be Official Receiver and Deptity Official Rewelvel,
of debtors' estates under tbis Ordinance and may remove
such persons from such offices.
(2) The Official Receiver shall act under the general
withority and direction of the Governor and shall also be an
officer of the court.

(3) Every Deputy Official Receiver shall have all the
powers conferred on the Official Receiver by this Ordinance
or by any Ordinance amending or substituted for the same.

(4) Every Deputy Official Receiver shall act under the
gemeral authority and direction of the Official Receiver for
the time being, or it there be no Official Receiver for the
time being, under the general authority and direction of the
Governor, and shall also be an officer of the court.

10.---(1) On the making of a receiving order, the Official
Recever shall be thereby constituted receiver of the property of
the debtor, and thereafter, except as directed by this Ordinance,
no creditor, and whom the debtor is indebted in drespect of any
debt, provable in bankruptcy shall have any remedy against
the property or person of the debtor in respect of the debt
or shall commence or continue any action or other legal pro-
ceedings, except with the leave of the court and on such
terms as the court may impose. On making the receiving
order, the court may , if it thinks fit, direct that no execution
against the person of the debtor shall be stayed until the
orders of the court in relation to the bankruptcy proceedings
or until further order, and in such case any creditor may, in
the meantime, proceed to execution against the person of the
debtor in the same way as if no receiving order had been
made.

(2) Nothing in sub-section (1) shall affect the power of
any secured creditor to realize or otherwise deal with his
security the same manner as he would have been entitled
to realize or deal with it If this section had not been passed.

As amended by No. 2 or 1915 and Law Rev. Ord., 1923.





(3) If, at the date of the receiving order, the debtor is
a prisoner under an execution for a civil debt, he shall not
be entitled to his release except by order of the court, but
the court may, in its discretion, order his release either
unconditionally or subject to such conditions as it may deem
fit to secure the debtor's presence at the subsequent proceed-
ings or otherwise.

11.-(1) The court, if it is shown to be necessary for the
protection of the estate, may, at any time after the presenta-
tion of a bankruptcy petition and before a receiving order is
made, appoint the Official Receiver to be interim receiver of
the property of the debtor or of any part thereof, and direct
him to take immediate possession thereof or of any part
thereof, including all books of account and other papers and
documents belonging to the debtor and relating to his
business.

(2) At any time after the prsentation of a bankruptcy
petition, the court may, in its discretion, stay any action,
execution, or other legal process against the property or
person of the debtor or allow it to continue on such terms as
it may think just.

12.-(1) In any case where it is desirable that the debtor's
business be temporarily carried on and it is inconvenient
for the Official Receiver to carry it on, the court may appoint
a special manager for the purpose to act under the direction
of the Official Receiver until the appointment of the trustee.

(2) The court may also, if necessary, appoint an interin
receiver for the proctection of the estate to act under the
direction of the Official Receiver.

(3) The special manager or interim receiver shall receive
such remuneration and give such security as the court may
order.

13. Notice of every receiving order, stating the name,
address, and descirption of the debtor, the date of the order,
and the date of the petition, shall be gazetted and advertised
in at least one local newspaper by the Official Receiver.

14.-(1) As regards the estate of the debtor it shall be
the duty of the Official Receiver:





(a) to act as interim receiver of the debtor's estate pending
the appontment of a trustee, and, where a special manager
has not been appointed, to act as manager thereof;

(b) to raise money for the purposes of the estate in any
case where, in the interests of creditors, it appears necessary
to do so;

(c) to take possession of all the books, documents and
papers of the debtor and of all or any part of the property of
the debtor;

(d) to summon and preside at the first meeting of creditors;

(e) to issue forms of proxy for use at the meetings of
editors;

(f) to report to the creditors as to any proposal which the
debtor may have made with respect to the mode of liquidat-
ing his affairs;

(g) to advertise the receiving order and the date of the
creditors' first meeting and of the debtor's public examination
and such other matters as it may be necessary to advertise;

(h) to act as trustee during any vacancy in the office of
trustee; and

(i) to assist the debtor in preparing his statement of affairs,
in case the debtor has no solicitor acting for him and is
unable properly to prepare it himself.

(2) As regards the debtor it shall be the duty of the
Official Receiver-

(a) to investigate the conduct of the debtor and to report
to the court stating whether there is reason to believe that
the debtor has committed any act which consititutes an offence
under this Ordinance or which would justify the court in
refusing, suspending, or qualifying an order for his discharge;

(b) to conduct the public examination of the debtor; and

(c) to assist in the prosecution of any fraudulent debtor.

(3) The Official Receiver shall, on the appointment of a
trustee other than himself, account to the court for all his
dealings with the estate, and, on passing such accounts, shall
be entitled to be paid out of the estate such fee as the court
may order.





Proccedings consequent on receiving order.
15.-(1) As soon as may be after the making of a receiving
order against a debtor, the first general meeting of his
creditors shall be held for the purpose of considering
whether a proposal for a composition or scheme of arrange-
ment can be entertained or whether it is expedient that the
debtor shall be adjudged bankrupt, and generally as to the
mode of dealing with his property.

(2) Unless the court otherwise orders, such meeting shall.
be held within twenty-days of the date of the receiving
order, and not less than three days notice of the time and
place thereof shall be given in the Gazette and a local
newspaper.

(3) The meeting shall be presided over by the Official
Receiver and the proceedings therat shall be recorded by
him in writing.

(4) A person shall not be entitled to vote at the first or
any subsequent meeting unless he has proved his debt.

(5) A creditor who has proved may vote either in person
or by proxy appointed under his hand or by attorney duly
authorised in that behalf. A person claiming to vote for or
on behalf of a creditor shall satisfy the Official Receiver of
his right to do so or be precluded from voting.

(6) The meeting may be adjourned from time to time and
from place to place.

(7) Previous to the first meeting it shall be the duty of
the Official Receiver to give notice in writing, as he may
think fit, to such persons as are mentioned as creditors in
the debtor's statement of affairs or as he knows to be or has
reason to believe are creditors of the estate. The notice shall
state-

(a) the time and place of meeting;

(b) that the creditor cannot vote unless he previously
proves his debt;

(c) that forms of proof and proxy can be obtained at the
office of the Official Receiver during office hours; and

(d) that at such meeting the creditors will be asked to
consider whether the debtor shall be adjudged bankrupt or
whether they will entertain a proposal for a composition or
scheme of arrangement.






(8) Any subsequent meeting shall be summoned by giving
notice in writing to such of the creditors as have proved, and
such notice shall state the object for which such meeting is
summoned.

16.-(1) Where a receiving order is made, the debtor shall
make out and submit to the Official Receiver a statement of
and in relation to his affairs, verified by affidavit, and show-
ing particulars of his assets, debts, and liabilities, the names,
residences and occupations of his exeditors, whether in the
Colony or elsewhere, the securities held by them respectively,
the dates when the securities were respectivelt given, and
the debtor's personal expenses and, if any, business expenses
for the lase preceding three years.

(2) The statement shall be made and deposited with the
Official Receiver within seven days of the making of the
receiving order, unless the time is extended by the court.

(3) If the debtor falls, without reasonable exciise, to comply
with the requirements of this section, he may be punished
for a contempt of court, and the court may, on the applica-
tion of the Official Receiver or of any creditor, adjudge him
bankrupt forthwith.

Public examination of debtor.

17.-(1) As soon as may be after the time limited fodr
filing the statement of affairs, the court shall hold a public
Sitting, on a day to be appointed, for the examination of the
debtor, and the debtor shall attend thereat and shall be
examined as to his conduct, dealings, and property.

(2) The Official Receiver and any creditor may take part,
in the examination of the debtor, and the court may put such
questions as it may deem expedient.

(3) The Official Receiver may, if specially authorised by
the court, employ a solicitor, with or without counsel, to
conduct such examination, but no Solicitor or counsel shall
be allowed to take part in the examination on behalf of the
debtor.

(4) The debtor shall be emumned upon oath, aud It shall
be his duty to answer all such questions as the court may
put or allow to be put to him, and it shall not be lawful for
the debtor to refuse to answer any question on the ground
that the answer might tend to eriminate him under the
provision of this Ordinance.







(5) Such notes of the examination as the court thinks
proper shall be taken down in writing, and shall be read
over to and signed by the debtor and may thereafter be used
in evidence against him.

(6) The examination may be adjourned from time to time,
and shall not be concluded until after the day appointed for
the first meeting of creditors.

(7) The examination may be held by a commissioner of the
court, if the court so orders, and in such case the commis-
sioner appointed shall have all the powers of the court with
respect to the examination.

Composition or scheme of arrangment.

18. ---(1) The creditors may, at the first meeting or any
adjournment thereof, by special resolution, resolve to enter-
tain a proposal for a composition in satisfaction of the debts
due to them from the debtor or a proposal for a scheme of
arrangement of the defitor's affairs.

(2) The compositlon or scheme shall not be binding on the
creditors unless it is confirmed by a resolution passed (by a
majority in numbers representing three-fourths in value of
all the creditors who have proved) at a subsequent meeting
of the creditors and is approved by the court.

(3) The subsequent meeting shall be summoned by the
Official Receiver by not less than seven days notice, and
shall not be held until after the public examination of the
debtor is concluded. The notice shall state generally the
terms of the proposal and shall be given by posting a letter
or a notice in writing to each creditor who has proved
and by advertising the subsequent meeting in the Gazette
and at least in one local newspaper.

(4) The debtor or the Official Receiver may, after the
composition or scheme is accepted by the creditors, apply to
the court to approve it.

(5) IF the court is of opinion that the terms of the com-
position or scheme are not reasonable or are not calculated to
benefit the general body of creditors, or if the court is
dissatisfied with the conduct of the debtor, the court may, in
its, discretion, refuse, to approve the composition or scheme.

As amended by Law Rev. Ord., 1923.





(6) If the court approves the composition or scheme, the
approval thereof may be testified by the seal of the court
being attached to the instrument containing the terms of the
Composition or scheme or by the terms being embodied in
an order of the court. A composition or scheine aceepled
and approved is aforesaid shall be binding on all the
creditors so far as relates to any debts due to them from the
debtor and provable in bankruptcy: Provided that if any
such debt was incurred by fraud or if forbearance of the
payment thereof before the date of the arrangement was
obtained by fraud, the dobtor shall remain liable for the
unpaid balance, unless the defrauded creditor was, an
assenting party to the arrangement.As relgards any debt
not provable in bankruptcy, it shall be binding on the
creditor if he assents to the composition or scheme, but not
otherwise.

(7) The provisions of a composition or scheme under this
sect on may be enforced by the court on application be any
person Interested, and any disobedience of an order of the
court made on the application shall be deemed a contempt
of court.

(8) If default is made in payment of any instalment due in
pursuance of the composition or scheme, or if it appears
to the court that the composition or scheme cannot, in
consequene of legal difficulties or for any other sufficient
cause, proceed without injustice or undue delay to the
creditors or to the debtor, or that the approval of the court,
was obtained by fraud, the court may, if it thinks fit, on
application by any creditor, adjudge the debtor bankrupt
and annul the composition or scheme, but without prejudice
to the validity of any sale, disposition, or payment duly
made or thing duly done under or in pursuance of the
composition or scheme. Where a debtor is adjudged bank-
rupt under this sub-section, any debt provable in other
respects which has been contracted before the date of the
adjudication shall be provable in the bankruptcy.

(9) If, under or in pursuance of a composition or scheme,
a trustee is appointed by the creditors to administer the
debtor's property or manage his business, Part III shall
apply to the trustee and to the composition or scheme as
if the trustee were a trustee in a bankruptcy and as if
the terms bankruptcy, bankrupt, and order of
adjudication included respectively a composition or scheme






of arrangement a compounding or arranging debtor, and
an order approving the composition or scheme.

(10) Part II shall, so far as the nature of the case and the
terms of the composition or scheme admit, apply thereto, the
same interpretation being given to the words trustee,
bankruptcy, bankrupt and order of adjudication
as in sub-section (9).

(11) No composition or scheme shall be approved by the
court which does not provide for the payment in priority
to other debts of all debts directed to be so paid in the
distribution the property of a bankrupt.

Adjudication of bankruptcy.

19-(1) Where a receiving order is made against a
debtor, then, if the creditors, at the first meeting or any
adjournment thereof, by resolution resolve that the debtor
be adjedged bankdrupt or pass no resolution, or if the
creditors do not meet, or if a composition or scheme is not
accepted or approved within fourteen days after the con-
clusion of the examination of the debtor or such further time
as the court may allow, the court shall adjudge the debtor
bankrupt; and thereupon the property of the bankrupt
shall become divisible among his creditors and shall vest in
a trustee.

(2) Notice of every order adjudging a debtor bankrupt,
stating the name, address, and description of the bankrupt,
the date of the adjudication, and the name of the trustee,
shall be gazetted and advertised in at least one local paper.

(3) The date of the order shall, for the purposes of this
Ordinance, be the date of the adjudication.

20-(1) At any time prior to adjudication the creditors
may, by ordinary resolution, nominate some fit person to be
trustee in the bankruptcy, and on making the adjudication
the court shall appoint the creditor's nominee or, if dis-
satisifed with the nomination or if there is no nomination,
some other person to be trustee. The Official Receiver may
be appointed trustee, if the court thinks fit.

(2) A trustee other than the Official Receiver shall give
such security as the court may direct.






21--- (1) At the first or any subsequent meeting the
creditors may, by ordinary resolution, appoint from among
the creditors qualified to vote or the holders of geneeral
proxies or general powers of attorney a committee of
Inspection, consisting of three persons, for the purpose of
superintending the administration of the bankrupt's property
by the trustee.

(2) Any two members of the committee may act.

(3) On a vacancy occurring by death, resignation, in-
capacity, or otherwise, the trustee shall summon a meeting
of creditors for the purpose of filling the vacancy, but the
continuing members may act notwithstanding the vacancy.

(4) If there is no committee of inspection, any act or thing
or any direction or permission by this Ordinance authorised
or required to be done or given by the committee may be
done or given by the court on the application of the trustee.

22.-(1) Where a debtor is adjudged bankrupt the
creditors may, if they think fit, at any time after the adjudica-
tion, by special resolution, resolve to entertain a proposal for
a composition or scheme of arrangement of the bankrupt's
affairs; and thereupon the same proceedings shall be taken
and the same consequences shall ensue as in the case of a
composition or scheme accepted before adjudiction.

(2) When a composition or scheme is approved by the court
after adjudication, or if the court is satisfied, by fresh
evidence or otherwise, that the debtor ought not to have been
adjedged bankrupt, or when the debts of the bankrupt are
all paid in full, with interest, the court may annul the
adjudication, but such annulment shall not invalidate or
affect acts theretofore done by the Official Receiver, trustee,
or manager, or any person acting under their authority or
under the authority of the court.

Control over person and property of debtor.

23.-(1) Every debtor against whom a receiving order is
made shall, unless prevented by sickness or other sufficient
cause, attend the first meeting of his creditors and shall
submit to such examination and give such information as the
meeting may require.





(2) He shall give such Inventory of his property, such list
of his creditors, and debtors and of the debts due to and from
them respectively, to such examination in respect of
his property or his creditors, attend such other meetings of
his creditors, wait at such times on the Official Receiver,
special manager, or trustee, execute such powers of attorney,
conveyances, deeds, and instruments, and generally do all
such acts and things in relation to his property and the
distribution of the proceeds among his creditors as may be
reasonably by the Official special special manager,
trustee, or any creditor or person interested.

(3) He shall, if adjudged bankrupt, aid to the utmost of
of his power in the realization of his Property and the dis-
tribution of the proceeds among his creditors.

(4) If a debtor wilfully fails to perform the duties imposed
on him by this section or to deliver up possession of any
part of his property which is divisible among his creditors
under this Ordinance, and which is for the time being in his
possession or under his control, to the Official Receiver, or to
the trustee, or to any person authorised by the court to take
possession of it, he shall, in addition to any other punish-
ment to which he may be subject, be guilty of a contempt of
court and may be punished accordingly.

24-(1) The court may, by warrant, cause a debtor to be
arrested and any books, papers, money, and goods in his
possession to be seized, and him and them safely kept until
such time as the court may order, in the following
cirucmstances;

(a) if, after a bankruptcy notice has been issued under
this Ordinance or after the presentation of a bankruptcy
petition by or against him, it appears to the court that there
is probable resaon for believing that he has absconded or is
about to abscond with a view of avoiding payment of the debt
in respect of which the bankruptcy notice was issued, or of
avoiding sevice of a bankrupcy petition, or of avoiding
appearance to any such petition, or of avoiding examination
in respect of his affairs, or of otherwise avoiding, delaying,
or embarrassing proceedings in bankruptcy against him;

(b) if, after presentation of a bankruptcy petition by or
against him, it appears to the court that there is probable
cause for believing that he is about to remove his goods with
a view of preventing or delaying possession being taken of






them by the Official Receiver or trustee, or that there is
probable ground for believing that he has concealed or is
about to conceal or destroy any of his goods or any books,
documents, or writings which might be of use to his creditors
in the course of his bankruptcy;

(c) it after service of ot bankruptcy petition on him or
after a receving order has been made against him, he
removes any goods in his possession above the value or
twenty-five dollars, withont the leave of the Official Receiver
or trustee ;

(d) it without good cause shown, he fails to attend any
examination ordered by the court; and

(e) if there is probable reason Ibr believing that die debtor
has committed an ofFence punishable under this Ordinanco.

(2) When an order or committal is made against a debtor
or other person ror disoboying any order of the court or of
the Official Receiver or trustee to do some particular act or
thing, the court may direct that the order of committal shall
not be issued provided that such debtor or person, as the
case may be, obeys the previous order within a specified time.

(3) No paynient or composition made or security given
after arrest made under this section shall be exempt from the
Provisions of this Ordinance relating to fraudulent pref-
erences.

(4) At any time after ot receiving order has heen made,
the court may, if it thinks fit, issue a warrant the seizure
and detention of any books, papers, money, or goods in the
debtor's possession.

25. Wherea a receiving order is made against a debtor,
the court, on the application of the Official Receiver or
trustee, may from time to time order that, for such time not,
exceeding three months as the court thinks fit, telegrams,
post letters, and parcels addressed to the debtor at any
specified place or places shall be re-directed, sent, or
delivered. by the agent of the telegraph company, or the
Colonial Postmaster General or the officers acting under
him, to the Official Receiver or the trustee or otherwise as
the court direct, and the same shall be done accordingly.





26.--(1) The court may, at any time after a receiving
order has been made against a debtor, summon before it the
debtor or his wife or any person known or suspected to have
in his possession any of the estate or effects belonging to the
debtor or supposed to be indebted to the debtor, or any
person whom the court may deem capable of giving informa-
tion respecting the debtor, his dealings, or property; and
the court may require any such person to produce any
documents in his custody or power relating, to the debtor,
his dealings or property.

(21) If any person so summoned, after having been tendered
a reasonable sum, refuses to come before the court at the
time appointed or refuses to produce any such document,
having no lawful impediment made known to the court at
the time of its sitting and allowed by it, the court may, by
warrant, cause him to be apprehended and brought up for
examination.

(3) The court, by itself or by a commissioner appointed
for the purpose, may examine upon oath, either by word of
inouth or by written interrogatories, any person so brought
before it concerning the debtor, his dealings or property.

(1) If any person, on examination, admits that he is
indebted to the debtor, the court may, on the application of
the Official Receiver or trustee, order him to pay to the
Official Receiver or trustee, at such time and in such manner
as the court may think proper, the amount admitted or any
part thereof, either in full discharge of the whole amount in
question or not, as the court thinks fit, with or without costs
of the examination.

(2) If any Person, on examination, admits that he has in
his possession any property belonging to the debtor, the
court may, on the application of the Official Receiver or
trustee, order him to deliver to the Official Receiver or
trustee such property or any part thereof at such time, and
in such manner, and on such terms as to the court may seem
just.

(6) The court may, if it thinks fit, order that any person
who, if in the Colony, would be liable to be brought before
it under this section shall be examined by a commissioner
appointed for the purpose in any place out of the Colony.

As amended by Law Am. Ord., 1923.





(7) In the case of the death of the debtor or his wife or of
a witness whose evidence has been dulv taken under this
Ordinance, the deposition of the person so deceased, purport-
ing to be sealed with the seal of the court, or a copy thereof
purporting to be so sealed, shall in all legal proceedings be
admitted as evidence of the matters therein deposed to,
saving all just exceptions.

Discharge of bankrupt.

27.-(1) A bankrupt may, at any time after being
adjudged bankrupt, apply to the court for an ordor of dis-
charge, and the court shall appoint a day for hearing the
application, but the application shall not be heard until the
public examination of the bankrupt is concluded. The
application shall be heard in open court.

(2) Where the bankrupt does not of his own accord, within
such time as the court may deem reasonable, apply for his
discharge, the court may, of its own motion or on the
application of the trustee or of any creditor who has proved,
make an order calling upon the bankrupt to come up for his
discharge on a day to be fixed by the Court, and, on due
service of the order, if the bankrupt does not appear on the
day fixed thereby, the court may make such order as it
thinks fit, subject to the provisions of this section
(3) On the hearing of the application or on the day fixed
for the bankrupt to come up for his discharge as aforesaid
the court, subject to the provisions hereinafter contained, may
either grant or refuse an absolute order of discharge, or suspend
the operation of the order for a specified time, or grant an
order of discharge subject to any conditions with respect to
any earnings or income which may afterwards become due
to the bankrupt or with respect to his after-acquired property;
Provided that the court shall refuse the discharge in all cases
where the bankrupt has committed any misdemeanor under
the Ordinance, and shall, on proof of any of the facts
hereinafter mentioned, either refuse the order, or suspend
the operation of the order for a specified time, or grant all
order of discharge subject to any such conditions as aforesaid.
(4) The facts hereinbefore referred to are-
(a) that the bankrupt, with intent to conceal the true state
of his affairs, has omitted to keep such books of account as

As amended by Law Rev. Ord., 192M, and Law Am. Ord., 1923,





are usual and proper in the business carried on by him and
as sufficiently disclose his business transactions and financial
position within the tree years immediately preceding his
bankruptcy;

(b) that the bankrupt has carried on trade by means of
lictitions capital;

(c) that the bankrupt has continued to trade after knowing
himself to be insolvent;

(d) that the bankrupt has contracted any debt provable in
the bankruptcy without having, at the time of contracting it,
any reasonable or probable ground of expectation (proof
whereof shall lie on him) of being able to pay it;

(e) that the bankrupt has brought on his bankruptcy by
rash and bazardous speculations or unjustifiable extravagance
in living;

(f) that the bankrupt has put any of his creditors to
unnecessary expense by a frivolous or vexatious defence to
any action properly brought against him;

(g) that the bankrupt has, within four months next
preceding the date of the receiving order, when unable to
pay his debts as they became due, given an undue preference
to any of his creditors;

(h) that the bankrupt has on any previous occasion been
adjudged bankrupt or made a statutory composition or
arrangement with his creditors;

(i) that the bankrupt has been guilty of any fraud or
fraudulent breach of trust;

(j) that the bankrupt has, since the commencement of the
bankruptcy proceedings, misconducted himself in connexion
with such proceedings; and

(k) that a dividend or dividends of fifty per conet has or
have not been paid or will not, in the opinion of the trustee,
with such proceedings; and

(5) the court may, on proof to its satisfaction of the facts
mentioned in paragraphs (a), (b), (c), (d), (e), or (f), of
sub-section (4), summarily sentence the bankrupt to imprison-
ment for any term not exceeding one year.





(6) Notice of the appointmnet by the court of the day for
hearing the application for discharge shall be gazetted and
published in at least one local newspaper not less shall
fourteen days before the day so appoined. The court may
hear the Official Receiver, the trustee, and any creditor.
At the hearing the, court may put such questions to the
debtor and receive such evidence as it may think fit.

(7) The court, may, as one of the Conditions referred to in
this section, allow judgment to be entered against the
bankrupt by the trustee for any balance or part of any
balance of the debts provable under the bankruptcy which
is not satisfied at the date of the discharge, but in such case
execution shall not be issued on the judgment without leave
of the court, which leave may be given on proof that the
bankrupt has, since his discharge, acquired property or
income available for payment of his debts.

(8) A discharged bankrupt shall, notwithstanding his
discharge, give such assistance as the trustee may require in
the realization and distribution of such of his property as is
vested in the trustee, and, if be fails to do so, he shall be
guilty of a contempt of court, and the court may also, if it
thinks fit, revoke his discharge, but without prejudice to the
validity of any sale, disposition, or payment, duly made or
thing duly done subsequent to the discharge but before its
revocation.

28.- (1) An order of discharge shall not release the
bankrupt from any debt on a recognizance or bail-bond to
the Crown or to a public officer as such or from any debt
with which the bankrupt may be chargeable at the suit of
any public officer on behalf of the crown, and the bankrupt
shall not be discharged from such excepted debts unless
the Treasurer certifies in writing his consent to his being
discharged therefrom.

(2) An order of discharge shall not release the bankrupt
from any debt or liability incurred by means of any fraud or
fraudulent breach of trust to which he was a party of from
any debt or liability whereof he has obtained forbearance by
any fraud to which he was a party.

(3) An order of discharge shall release the bankrupt, from
all other debts provable in bankruptcy.





(4) An order of discharge shall not release any person
who, at the date of the receiving order, was a partner or
co-trustee with the bankrupt or was jointly bound or had
made any joint contract with him or any person who was
surety or in the nature of a surety for him.

29.--- (1) Where, in the opinion of the court, a debtor
ought not to have been adjudged bankrupt or where it is
proved, to the satisfaction of the court, that the debts of the
bankrupt have been paid in full or fully secured to the
satisfaction of the court, the court may, on the application of
any person interested, by order annul the adjudication.

(2) Notice of the order annulling an adjudication shall be
forthwith gazetted.

(3) Where an adjudication is annulled, all sales and
dispositions of property and payments duly made and acts,
theretofore done by the Official Receiver, trustee, manager,
or other person acting under their authority or by the court
shall bo valid, but, the property of the debtor who was
adjudged bankrupt shall vest in such person as the court
may appoint, or, in default of any such appointment, revert
to the debtor for all his estate or interest therein, on such
terms and subject to such conditions, if any, as the court
may, by order, declare.

PART II

ADMINISTRATION OF PROPERTY.

Proof of debts.

30.---(1) A debt may be proved, immediately after the
making of a receiving order, by delivering or sending through
the post to the Official Receiver or to the trustee an affidavit
verifying the debt made by the creditor or by some person
on his behalf having knowledge of the necessary facts.

(2) The affidavit shall state whether the creditor is or is
not a secured creditor.

(3)If a secured breditor realizes his security, he may
prove for the balance due to him, after deducting the net
amount realized.

(4) If a socured creditor surrenders his security for the
benefit of the creditors, he may prove for his whole debt.






(5) If a secured creditor neither realizes nor surrenders
his security, he may in his proof set a value on it and prove
for the balance, but when it is so valued the trustee may, at
any tine before it is realized, redeem it for the benefit of the
estate on payment of the amount of the valuation, or the
court, on the application of the trustee, may order the
realization of the security by sale, by public auction or
otberwise : Provided that the creditor may at ally time, by
notice in writing, require the Official Receiver or trustee to
elect whether he will or will not exercise his power of
redeeming the security or requiring it to be realized, and of
the Official or trustee does not, within six months
after receiving notice as signify in writing to the
Creditor his election to exercise the power, he shall not he
entitled to exercise it; and the equity of redemption or other
interest in the property comprised in the security which is
vested in the Official Receiver or trustee shall vest in the
creditior, and the aumput of his debt shall be reduced by the
amount at which the security has been valued.

(6) By leave of the court, a valuation as above provided
for may be amended on such terms as the court may think
just on proof that it was made bona fide on a mistaken
estimate or that the security has increased or diminished in
value since the prior valuation.

(7) If a creditor's security is realized after valuation, the
net amount realized shall, for the purposes of proof, be
substituted for the amount of the valuation.

(8) Where a creditor seeks to prove in respect of a bill of
exchange, promissory note, or other negotiable instrument or
security on which the debtor is liable, such bill of exchange,
note, instrament, or security must, subject to any special
order of the cour, be produced to the Official Receiver before
the proof can be admitted either for voting or for dividend,
and the amount of any dividend paid must be indorsed on
the instrument.

(9) Subject to the power of the court to extend the time,
the Official Receiver or trustee shall, within fourteen days
after receiving a proof, either admit it, or reject it wholly or
in part, or require further evidence in support of it, and
shall notify his decision to the creditors at the next general
meeting. An appeal to the court, from the admission or
rejection of a proof shall not he after the expiration of one




month from the date of the decision, unless the court allows
if for special reasons shown.

31-(1) Demands in the nature of unliquidated damages
arising otherwise than by reason of a contract, promise, or
breach of trust shall not be provable in bankruptcy.

(2) A person having notice of any act of bankruptcy avail-
able against the debtor shall not prove for any debt or
liability contracted by the debtor subsequently to the date
of his so having notice.

(3) Save as aforesaid, all debts and liabilities, present or
future, certain or contingent, to which the debtor is subjdect
at the date of the receiving order, or to which he may become
subject before his discharge by reason of any obligation in-
curred before the date of the receiving order, shall be
deemed to be debts provable in bankruptcy.

(4) The value of any debt or liability provable as aforesaid
which, by reason of its being subject to any contingency or
contingencies or for any other reason, does not bear a certain
value may be estimated by the court, on the application of
the trustee. The amount as estimated shall be deemed a
debt provable in bankruptcy, but if the court is of opinion
that the debt or liability cannot be fairly estimated, it shall
not be deemed provable in bankruptcy.

(5) Liability shall for the purposes of this Ordinance,
include any compensation for work or labour done, any
obligaion or probability of an obligation to pay money or
money's worth on the breach of any express or implied cov-
enant, contract, agreemnet, or undertaking, whether the breach
does or does not occur, or is or is not likely to occur or
capable of occurring, before the discharge of the debtor,
and generally it shall include any express or implied engage-
ment, agreement, or undertaking to pay, or capable of result-
ing in the payment of, money or money's worth, whether the
payment is, as respects amount, fixed or unliquidated; as
respects time, present or future, certain or dependent on any
one contingency or on two or mote contingencies; or as to
mode of valuation, capable of being ascertained by fixed
rules or as matter of opinion.

32. Where there have been mutual credits, mutual debts,
or other mutual dealings between the debtor against whom
a receiving order has been made and a creditor, it sum due

See First Schedule, Form No. 11, List E.




from the one party shall be set off against any sum due from
the other party, and the balance of the account and no more
shall be claimed or paid on either side respectively: Pro-
vided that a creditro shall have no set-off in respect of any
credit given to the debtor after the creditor has had notice
of an act of bankruptcy committed by the debtor and
available against him for adjudication.

Appropriation of assels

33.-(1) The assets remaining after payment of the
expenses incurred in realizing any of the assets of the debtor
shall, subject to any order of the court, be liable to the
following payments, which shall be made in the following
order of priority, namely,-

(a) the actual expenses incurred by the Official Receiver
in protecting the property or assets of the debtor or any part
thereof and any expenses or outlay incurred by him or by
his authority in carrying on the business of the debtor:

(b) the fees, percentages, and charges payable to, or costs,
charges, and expenses incurred or authorised by, the Official
Receiver;

(c) the remuneration of the special manager, if any; and

(d) the taxed costs of the petitioner, so far as the same
may not have been disallowed by the court.

(2) Whenever the court is astisfied that property of a
debtor in respect of whose estate a receiving order has been
made has been preserved for the benefit of the creditors by
means of legal proceedings brought by a creditor against
the debtor without notice of any available act of bankruptcy
committed by the debtor, the cour may, in its discretion,
order the payment of the costs of such legal proceedings or
any part of them (taxed as between party and party) out of
the estate, with the same priporty as the payment as is herein
provided in respect of the taxed costs of the petitioner.

34-(1) In the distribution of the property of a bankrupt
there shall be paid in priority to all other debts-

(a) all local rates due from the bankrupt at the date of the
receiving order, having first become due and payable within
twelve months next before such date;

See first schedule, Form NO. 11, List A.





(b) the wages or salary of any clerk or servant in respect
of services rendered to the bankrupt during the four months
next preceding the date of the receiving order and not
exceeding three hundred dollars.

(c) the wages of any labourer or workman not exceeding
one hundred dollars, whether payable for time or piece-work,
in respect of services rendered to the bankrupt during the
four months immediately preceding the receiving order; and

(d) such part of any premium paid by or on behalf of any
apprentice or articled clerk under service to the bankrupt, as
the court may order.

(2) The foregoing debts shall rank equally between them-
selves and shall be paid in full unless the property of the
bankrupt is insufficient to meet them, in which case they
shall abate in equal proportions between themselves.

(3) The joint estate of partners shall be applicable in the
first instance in payment of their joint debts; and the separate
estate of each partner shall be applicable in the first instance
in payment of his separate debts. If there is a surplus of the
separate estates, it shall be dealt with as part of the joint
estate. If there is a surplus of the joint estate, it shall be
dealt with as part of the respective separate estates in pro-
portion to the right and interest of each partner in the joint
estate.

(4) Subject to the provisions of this Ordinance, all debts
proved in the bankruptcy shall be paid pari passu.

(5) If there is any surplus after payment of the debts, it
shall be applied in payment of interest from the date of the
receiving order at the rate of eight dollars per cent per
annum on all debts proved in the bankruptcy.

35. The landlord or other person to whom any rent is due
from the bankrupty may, subject to the provisions of the
Distress for Rent Ordinance, 1883, at any time either before
or after the commencement of the bankruptcy, distrain upon
the goods and chattels of the bankruptcy for the rent due:
Provided that, if such distress is levied after the commence-
ment of the bankruptcy, it shall be available only for six
months rent accrued due prior to the date of the order of
adjudication, but the landlord or other person to whom the
rent may be due may prove under the bankruptcy for the
surplus due for which the distress may not have been available.




Property available for payment of debts.

36. the bankruptcy of a debtor shall be deemed to have
relation back to and to commence at the time of the act of
bankruptcy being committed on which the receiving order
was made, or, if the bankrupt is proved to have committed
more acts of bankruptcy than one, to have relation back to
ruptcy proved to have been committed by the bankrupt within
four months next preceding the presentation of the bank-
ruptcy petition; but no bankruptcy petition, receving order,
or adjudication shall be rendered invalid by reason of any
act of bankruptcy anterior to the debt of the petitioning
creditro.

37. The property of the bankruy dIvisible among his
creditors (in this Ordinance referred to as the property of
the bankrupt shall not comprise the -following particulars, :-

(1) property hold by the bankrupt's trade and the
Person; or

(2) the tools if any, of the bankrupt's trade and the
necessary wearing apparel and bedding of himself and his
family dependent on and resdiding with him, to a value,
inclusive of tools, apparel, and bedding, not exceeding in the
whole one hundred dollars
but it shall comprise the following particulars;

(1) all such property as may belong to or be vested in the
bankrupt at the commencement of the bankroptcy or way he
acquired -by or devolve on him before his discharge
(2) the capacity to exercise, and to take proceedings for
exercising all such powers in, over , or in respect of property
as might have been exercised by the bankrupt for own
benefit at the commencenient of his bankruptcy or before his
discharge; and

(3) all goods being, at the commencement of the
bankruptcy, in the possession, order, or disposition of the
bankrupt in his trade or business by the consent and per-
mission of the true owner, in such circumstances that he
is the reputed owner thereof : Provided that things in action
other than debts due or growing due to the bankrupt in the
course of his trade or business, shall not be deemed goods

within the meaning of this section.





effect of bankruptcy on antecedent transactions.

38. (1) Where a creditor has issued execution against
the property of a debtor, he shall not be entitled to retain
the benefit of the execution against the trustee in bankruptcy
of the debtor, unless he has completed the execution before
the date of the receiving order and before notice of the
presentation of any bankruptey petition by or against the
debtor or of the commission of any available act of bak-
ruptcy by the debtor.

(2) For the purposes of this Ordinance, an execution shall
be deemod to be completed-

(a) in the case of goods, chattels, or other movable property
in the possession of the debtor or of negotiable intruments, by
seizure and sale;

(b) in the case of goods, chattels, or other movable property
to which the debtor is entitled subject to a lien oright of
some person to the immediate possession therof, by attahc-
ment by proghibitory order and sale;

(c) in the case of lands, houses, or other immovable
property or any interest therein, either at law or in equity,
by attachment by prohibitory order and due registration
thereof in the Land office

(d) in the case of an attahcment of a debt not begin a
negotiable instrument, by receipt of the debt;

(e) in the case of shares in any public company or corporation,
by attachment by proghibitory order;

(f) in the case of property in the custody or under the
controlof any public officer in his official capacity or in
custodia legis, by attachment by prohibitory order duly
obtained and served; and

(g) in the case of any equitable interest in lands, houses,
or other immovable property, by the appointment of a receiver
or manager.

39.(1) Where the goods of a debtor are taken in execution,
and before the sale thereof notice is served on the
bailiff that receiving order has been made against the
debtor, the bailiff shall, on request, deliver the goods to the
official receiver or trustee under the order, but the costs
of the execution shall be a charge on the goods so delivered.





and the official receiver or trustee may sell the goods or an
adequate part thereof for the purpose of satisfying the
charge.

(2) Where the goods of a debtor are sold under an execution
in respect of a judgment fo ra sum exceeding one
hundred dollars, the bailiff shall deduct the costs of the
execution from the proceeds of sale and pay the balance into
court, and if, within fourteen clear days of such sale, a
bankruptcy petition is presented by or against the debtor,
the said balance shall remain in court until after the hearing
of the petition, and if the debtor is adudged bankrupt the
balance shall be paid out to the trustee in the bankruptcy,
who shall be entitled to retain the same as against the
execution creditor, but otherwise it shall be dealth with as if
no bnkruptcy petition had been presented.

(3) an execution completed as aforesaid is not invalid by
reason only of its being an act of bankruptcy, and a person
who purchases the property of the debtor in good faith
under a sale shall in all cases acquire a good title to it as
against the trustee in bankruptcy.

40.(1) Any settlement of property, not being a settle-
ment made before and in consideration of marriage, or made
in favour of a purchaser or incumbrancer in good faith and for
valuable consideration, or made on or for the wife or children
of the settlor of property which has accrued to the settlor
after marriage in right of his wife, shall, if the settlor
becomes bankrupt within two years after the date of the
settlement, be void against the trustee in the bankruptcy, and
shall, if the settlor becomes bankrupt at any subsequent time
within ten years after the date of the settlement, be void
against the trustee in the bankruptcy, unless the parties
claiming under the settlement can prove that the settlor was,
at the time of making the settlement, able to pay all his
debts without the aid of the property comprised in the
settlement, and that the interest of the settlor in such
property has passed to the trustee of the settlement on the
execution thereof.

(2) Any covenant or contract made in consideration of
marriage, for the furture settlement on or for the settlor's wife
or children of any money or property wherein he had not, at
the date of his marriage, any estate or interest, whether
vested or contingent, in possession or remainder, and not





being money or property of or in right of his wife, shall, on
his becoming bankrupt before the property or money has
been actually transferred or paod pursuant to the covenant or
contract, be void against the trurstee in the bankruptcy.

(3) settlement shall, for the purposes of this section,
include any conveyance or transfer of property.

41.(1) Every conveyance or transfer of property or
charge thereon made, every payment made, every obligation
incurred, and every judicial proceeding taken or suffered
by any person unable to pay his debts as they become due
from his own money in favour of any creditor or any
person in trust for any creditor, with a view of giving
such creditor a preference over hte other creditors, shall if
the person making, taking, paying, or suffering the same is
adjudged bankrupt on a bankruptcy petition presented within
four months after the date of making, taking, paying, or
suffering the same, be deemed fraudulent and void as against
the trustee in the bankruptcy.

(2) This section shall not affect the rights of any person
making title in good faith and for valuable consideration
through or under a creditor of the bankrupt.

42. subject to the preceding provisions of this Ordinance
with respect to the effect of bankruptcy on an execution or
attachement and with respect to the avoidance of certain
settlements and pdreferences, noting in this Ordinance shall
invalidate, in the case of a bankruptcy,

(1) any payment by the bankrupt to any of his creditors;
or

(2) any payment or delivery to the bankrupt; or

(3) any conveyance or assignment by the bankrupt for
valuable consideration; or

(4) any contract, dealing, or transaction by or iwth the
bankrupt for valuable consideration:

provided that both the following conditions are complied
with, namely.

(5) the payment, delivery, conveyance, assignment, con-
tract, dealing, or transaction,as the case may be, takes place
before the date of teh reeiving order; and





(2) the person (other than the debtor) to, by, or with whom
the payment, delivery, conveyance, assignment, contract,
dealing, or transaction was made, executed, or tneted into
has not, at the time of the payment, delivery, conveyance,
assignment, contract, dealing, or transaction, notice of any
available act of bankruptcy committed by the bankrupt before
that time.

Realization of property.

43.(1) The trustee shall, as soon as may be, take
possession of the deeds, books, and documents of the bank-
rupt and all other parts of his property capable of manual
delivery.

(2) The trustee shall, in relation to and for the purpose of
acquriing or retaining possession of the property of the
bankrupt, be in the same position as if he were a receiver of
the property appointed by the court, and the court may, on
his application, enforce such acquisition or retention accordingly.

(3) When any part of the property of the bankrupt consists
of stock, shares in ships, shares, or any other property
transferable in the books of any company, office, or person,
the trustee may exercise the right to transfer the property to
the same extent as the bankrupt might have exercised it if he
had not become bankrupt.

(4) Where any part of the property of the bankrupt consists
of things in action, such things shall be deemed to have been
duly assigned to the trustee.

(5) Any officer, clerk, servant, compradore, employe, or
person acting as banker, attorney, or agent of a bankrupt
shall pay and deliver to the trustee all moneys and securities
i in his possession or power which he is not by law entitled to
retain as against the bankrupt or the trustee. If he does
not, he shall be guilty of a contempt of court and may be
punished accordingly, on the application of the trustee.

44. Any person acting under a warrant of the court may
seize any part of the property of a bankrupt in the custody
or possession of the bankrupt or of any other person, and,
with a view to such seizure, may break open any house,
builing, or room of the bankrupt where the bankrupt is
supposed to be, or any building or receptable of the bankrupt
where any of his property is supposed to be; and when




the court is satisfied that there is reason to believe that any
property of the bankrupt is concealed in a house or place
not belonging to him, the court may, if it thinks fit, grant a
search warrant to any constable or officer of the court who
may execute it accordingly.

45. Where the bankrupt is possessed of any property out
of the colony, the trustee shall require him to join in selling
the same or the benefit of the creditors and to sign all
necessary authorities, powers, deeds, and documents for the
purpose, and if and so often as the bankrupt refuses to do so,
he may be punished for a contempt of court.

46. When a bankrupt is an officer of the navy or army or
an officer or clerk otherwise employed odr engaged in the
civil service of the government, the trustee shall receive
for distribution among the creditors so much of the bankrupt's
pay or salary as the court, on the application of the trustee,
with the consent of the chief officer of the department under
which the pay or salary is enjoyed, may direct.

47.(1) Until a trustee is appointed, the Official Receiver
shall be the trustee for the purposes of the Ordinance, and
immediately on a debtor being adjudged bankrupt, the
property of the bankrupt shall vest in the trustee.

(2) On the appointment of a trustee, the property shall
forthwith pass to and vest in the trustee appointed.

(3) the property of the bankrupt shall pass from trustee
to trustee, including under that term the official receiver
when he fills the office of trustee, and shall vest in the
trustee for the time being during his continuance in office,
without any conveyance, assignment, or transfer whatever.

48.(1) When any part of the property of the bankrupt
consists of land of any tenure burdened with onerous
convenants or liabilities, or of shares or stock in companies,
or of unporfitable contracts, or of any other property that is
unsaleable or not readily saleable by reason of its binding
the possessor thereof to the performance of any onerous act
or to the payment of any sum of money, the trustee, not-
withstanding that he has endevoured to sell or has taken
possession of the property or exercised any act of ownership
in relation thereto, but subject to the provisions of this
section, may, by writing signed by him, at any time within





six months after the appointment of a trustee, disclaim the
property : Provided that where any such property has not
come to the knowledge of the trustee within three months
after such appointment he may disclaim such property at
any time within three months after he first became aware
thereof.

(2) The disclaimer shall operate to determine, as from the
date of disclaimer, the rights, interests, and liabilities of the
bankrupt and his property in or in respect of the property
disclaimed, and shall also discharge the trustee from all
personal liability in respect of the property disclaimed as
from the date when the property vested in him, but shall
not, except so far as is property and the purpose of releasing
the bankrupt and his property and the trustee form liability
affect the rights or liabilities of any other person.

(3) A trustee shall not be entitled to disclaim a lease
without leave of the court, and the court may, before or on
granting such leave, require such notices to be given to
persons interested, and impose such terms as a condition
of granting leave, and make such orders with respect to
fixtures, tenants' improvements, and other matters arising
out of the tenancy as the court may think just.

(4) the trustee shall not be entitled to disclaim any
peoperty in pursuance of this section in any case where an
application in writing has been made to the trustee by any
person interested in the property requiring him to decide
whether he will disclaim or not, and the trustee has, for a
period of twenty-eight days after the receipt of the applica-
tion or such extended period as may be allowed by the
court, declined or neglected to give notice whether he
disclaims the property or not; and, in the case of a contract,
if the trustee, after such application as aforesaid, does not,
within the said period or extended period, disclaim the
contract, he shall be deemed to have adopted it.

(5) The court may, on the applicaiton of any person who
is, as against the trustee, entitled to the beefit or subject to
the burden of a contract made wiht the bankrupt, make an
order rescinding the contract on such terms as to payment
by or to either party of damages for the non-performance of
the contract or otherwise as to the court may seem equitable,
and any damages payable under the order to any such person
may be proved by him as a debt under the bankruptcy.






(6) The court may, on application by any person either
claiming any interest in any disclaimed property or under
any liability not discharged by this Ordinance in respect
of any disclaimed property, and on hearing such persons
as it may think fit, make an order for the vesting of the
property in or delivery thereof to any person entitled thereto
or to whom it may seem just that the same should be
delivered by way of compensation for such liability as
court may think just; and, on such vesting order being
made, the property comprised therein shall vest accordingly
in the person therein named in that behalf, without any
conveyance or assignment for the purpose: Provided always
that where the property disclaimed is of a leasehold nature,
the cour tshall not make a vesting order in favour of any
person claiming under the bankrupt except on the terms
of making such person subject to the same liabilities and
obligations as the bankrupt was subject to under the lease
in respect of the property at the date when the bankruptcy
petition was filed, and any mortagee or underleassee declining
to accept a vesting order on such terms shall be excluded
from all interest in and security upon the proerty; and
if there is no person claiming under the bankrupt who is
willing to accept and order on such terms, the court shall
have power to vest the bankrupt's estate and interest in the
property in any person liable, either personally or in a
representative character and either alone or jointly with the
bankrupt, to perform the lessee's covenants in such lease,
freed and discharged from all estates, encumbrances, and
interests created therein by the bankrupt.

(7) Any person unjured by the operation of a disclaimer
under this section shall be deemed to be a creditor of the
bankrupt to the extent of the injury, and may accordingly
prove the same as a debt under the bankruptcy.

49. Subject to the provisions of this Ordinance and to any
general or special order of the court, the trustee may do all
or any of the following things:

(1) sell all or any part of the property of the bankrupt
(including the goodwill of the business, if any, and the book
debtsdue or growing due to the bankrupt) by public auction
or private contract, with power to transfer the whole thereof
to any person or company or to sell the same in parcels;






(2) give recipts for any money received by him, which
receipts shall effectually discharge the person paying the
money from all responsibility in respect of the application
thereof;

(3) prove, rank, claim, and draw a dividend in respect of
any debt due to the bankrupt; and

(4) exercise any powers the capacity to exercise which is
vested in the trustee under this Ordinance, and execute any
powers of attorney, deeds, and other instruments for the
purpose of carrying into effect the provisions of this
Ordinance.

50(1) the trustee may, with the permission of the
committee of inspection, do all or any of the following
things;

(a) carry on the business, if any, of the bankrupt so far as
may be necessary for the beneficial winding-up of the same;

(b) bring, institute, or defend any action or other legal
proceeding relating to the property of the bankrupt;

(c) employ a solicitor or other agent to take any proceedings
or do any business sanctioned by the committee;

(d) accept as the consideration for the sale of any property
of the bankrupt a sum of money payable at a furture time,
subject to such stipuloations as to security and otherwise as
the committee may think fit;

(e) mortagage or pledge any part of the property of the
bankrupt for the purpose of raising money for the payment
of his debts;

(f) refer any despute to arbitration and compromise all
debts, claims, and liabilities on such terms as may be agreed
upon;

(g) make any dispute to arbitration and compromise all
be thought expendient with creditors or persons claiming to
be creditors in respect of any provable debts;

(h) make such compromise or other arrangement as may
be thought expedient with respect to any claim arising out
of or incidental to the property of the bankrupt made or
capable of being made on the trustee by any person or by
the trustee on any person; and





(i) divide in its existing form among the creditors,
according to its estimated value, any property which, from
its peculiar nature or other special circumstances, cannot be
readily or advantageously sold.

(2) The permission given for the purposes of this section
shall not be a general permission to do all or any of the
above-mentioned things, but shall only be a permission to
do the particular thing or things for which permission is
sought.

Distribution of property

51(1) Subject to the retention of such sums as may be
necessary for the costs of administsration or otherwise, the
trustee shall, with all convenient speed, declare and distribute
dividends among the creditors who have proved their debts.

(2) the first dividend, if any, shall be declared within
four months after the conclusion of the first meeting of
creditros, unless there is a sufficient reason, approved by the
court, for postponing the declaration to a later date, and
subsequent dividends shall, in the absence of sufficient
reasons to the contrary, be declared and distributed at
intervals of not more than six months.

(3) At least one month before declaring a dividend, the
trustee shall cause notice of his intention to do so to be
gazetted, and shall also post a notice in writing to each
creditor mentioned in the bankrupt's statement who has not
proved his debt.

(4) When the trustee has declared a dividend, he shall
cause a notice to be gazetted showing the amount of the
dividend and when and how it is payable.

52. Where one partner of a firm is adjudged bankrupt, a
creditor to whom the bankrupt is indebted jointly with the
other partners of the firm or any of them shall not receive
any dividend out of the separate property of the bankrupt
until all the separate creditors have received the full amount
of their respective debts.

53. (1) In the calculation and distribution of a dividend
the trustee shall make provision for debts provable in bank-
ruptcy appearing from the bankrupt's statements or other-
wise to be due to persons resident in places so distant from






the place where the trustee is acting that, in the ordinary
course of communication, they have not had sufficient time
to tender their proofs or to establish them if disputed, and
also for debts provable in bankruptcy the subject of claims
no. yet determined.
(2) He shall also make provision for any disputed proofs
or claims and for the expenses necessary for the administra-
tion of the estate or otherwise, and subject to the preceding
provisions, he shall as dividend all money in hand.

54. A creditor who has not proved his debt before the
declaration of any dividend or dividends shall be entitled to
be paid out of any money for the time being in the hands of
the trustee, any dividend or dividends which he may have
failed to receive before that money is applied to the payment
of any future dividend or dividends, but he shall not be
entitled to disturb the distribution of any dividend declared
before his debt proved by reason that he has not
participated therein.

55. When the trustee has realised all the property of the
bankrupt or so much thereof as can be realized without
needlessly protracting the trusteeship, he shall declare a
final dividend, which dividend shall be so specified in the
gazette notice and in the notices to creditors, and any
creditor who hax not proved shall be excluded from such
dividend unless he proves his debt befor the dividend or
any part thereof is paid: Provided that the court may , on
the application of any such creditor, postpone the payment
of such dividend or part of it for such time as may be
reasonably necessary for such creditor to establish his claim.

56. No action for a dividend shall lie against a trustee,
but if the trustee refuses to pay any dividend the court may,
if it thinks fit, order him to pay it, and also to pay out of his
own money interest thereon for the time that it is witheld
and the costs of the application.

57(1) the trustee, with the permission of the committee
of inspection or of the court, may appoint the bankrupt
himself to superintend the management of the property
of the bankrupt or any part thereof or to carry on
property of the bankrupt or any part thereof or to carry on
the trade, if any, of the bankrupt for the benefit of his






creditors, and in any other respect to aid in administering
the property in such manner and on such terms as the
trustee may direct.

(2) the court, on the application of the trustee, may if it
thinks fit, make an allowance out of the estate to the bank-
rupt for the support of himself and his family or in con-
sideration of his services in assisting the trustee.

58. The bankrupt shall be entitled to any surplus
remaining after payment in full of his creditors, with
interest, as by this Ordinance provided, and of the costs,
charges, and expenses of the proceedings under the
bankruptcy petition.

PART III

MATTERS INCIDENTAL TO TRUSTEE'S DUTIES

Costs and charges.

59(1) All costs of or incident to proceedings in bank-
ruptcy shall, subject to the provisions of this Ordinance, be
in the discretion of the court.

(2) Where a trustee or manager receivers remuneration for
his services as such, no payment shall be allowed in his
accounts in respect of the performance by any other person
of the ordinary duties which are required to be performed
by himself.

(3) No solicitor's bill of costs shall be allowed in the
trustee's accounts unless it has been taxed by the proper
officer.

(4) The remuneration of any trustee, manager, or receiver
or the allowance to any bankrupt, or any part of such
remuneration or allowance, may, if the court so order, be
forfeited for misconduct.

60. (1) The Official Receiver shall open in his name as
Official Receiver an account at a bank approved by the
governer, and shall pay to the credit thereof all sums received
by him as such official receiver or as trustee, and every
trustee in a bankruptcy, other than the official receiver,
receiving money as such trustee shall open an account at
such bank in the name of the debtor's estate, and shall pay
to the credit or such account all sums which may from time
to time be received by him as such trustee.





(2) No trustee in a bankruptcy shall pay any money received
by him as trustee into his private banking account, or use it
otherwise than in the administration of the estate, on any
pretence whatever.

(3) Any trustee paying money into his private banking
account, or using it otherwise than in the administration of
the estate, or retaining in his hands for more than a week,
without the leave of the court previously obtained, a sum
exceeding one hundred dollars, or without explaining such
retention to the satisfaction of the court, may, without pre-
judice to any other liability, be dismissed form office without
renumeration, and may be ordered by the court to pay any
expenses to which the creditors may be put in consequence
of his dismissal.

61.(1) The trustee shall keep a record in writing in
which he shall enter a minute of all proceedings had and
resolutions passed at any meeting of creditors or of the
committee of imspection and a statemnet of all negotiations
and proceedings necessary to give a correct view of the
management of the bankrupt's property.

(2) He shall also keep an account, to be called the Estate
Account, in the form of an ordinary debtro and creditor
account, in which he shall enter from day to day all his
receipts and payments as trustee.

(3) the trustee shall produce at every meeting of creditors
and at every meeting of the committee of imspection the
record and account above mentioned and also the pass-
book of the estate's bank account, and such documents shall
be open to the imspection of any creditor at all reasonable
times.

62(1) the trustee shall, at any time the court may
order and not less than once in each year during his tenure
of office, deposit in the Registry of the court an account of
his receipts and payments verified by affidavit.

(2) Such accounts shall be examined and audited by the
Registrar or by any person named by the court or the court
may itself examine them, and it shall be the duty of the
trustee to furnish all such vouchers or information as may
be necessary for such audit or examination.






(3) The court may, af ter hearing, the explanation, if any,
of the trustee, make such order as it may think just for
compelling the trustee to inake good any loss to the estate
which, after such audit or examination, may appear to the
coort to have been occasioned by any misfeasance, neglect,
of improper omission of the trustee.

63. The fees and percentages to be charged in respect of
proceedings under this Ordinance and the remuneration of
the Officilal Receiver aud the trustee shall be as mentioned
in the Second Schedule: Provided that such Schedule may
be altered by rule of court.

64.---(1) Where the joint estate of any co-debtors is
insufficient to defray any costs or charges properly incurred
in respect, thereof, the court, on the application of the trustee,
may order such costs or charges to be paid out of the
separate estates of such co-debtors or any one or more of
them.

(2) The court, also order any or charges, properly
incurred for any separate estate to be paid out of the joint
estate, if, in the opinion of the court, it is just to do so.

Release of trustee.

65.- (1) When the trustee has realized all the property
of the bankrupt so much thereof as can, in his opinion, be
realized without needlessly protracting the trusteeship, and
has a distributed a final dividend, if any, or has ceased to act
by reason of a composition having been approved, or has
resigned or been removed from office, he may apply to the
court for his release, and if all the requirements of the court,
with respect to accounts and with respect to any order of the
court against the trustee have been fulfilled, the court may
make an order for the release accordingly.

(2) Where the release of the trustee is withheld, the court
may, on the application of any ereditor or person interested,
make such order as it may think just charging the trustee
with the consequence of any act or default which he may
have committed or made contrary to his duty.
(3) An order of the court releasing the trustee shall
discharge him from all liability in respect of any act done or
default made by him in the administration of the affairs of





the bankrupt or otherwise in relation to his conduct as
trustee, but any such order may be revoked on proof that it,
was obtained by fraud or by suppression or concealment of
any material fact.
(4) Where the trustee has not previously resigned or been
removed, his release shall operate as a removal of him from
his office, and thereupon the Official Receiver shall be the
trustee.

Official name

66. The trustee may sue and be sued by the official name
of The frastee of the property of A.B. a bankrupt, and in
that name may hold property of every description, make
contracts, enter into any engagements binding on himself
and his successors in office, and do all other acts necessary
or expedient to be done in the execution of his office.

67. If the court Is of opinion that the trustee is guilty of
misconduct,or neglect, or if the trustee is insolvent, or if the
court ts satisfied that the interests of the creditors require lt,
the court may remove the trustee from office and appoint
some other person in his place.

68.-(1) The trustee may summon general meetings of the
creditors for the purpose of ascertaining their wishes, and the
directions given at any such general meeting shall, subject
to the provisions- of this Ordinance, be, followed as far as
possible, notwithstanding that they may conflcit with the
directions of the committee of inspection.

(2) The trtistee may apply to the court for directions in
relation to any particular matter arising under the bank-
ruptcy.

69.-(1) If the bankrupt, or any creditor, or any other
person in aggrieved by any act or decision of the trustee, he
may appeal to the court, and the court may confirm, reverse,
or modify the act or decision complained of and make
order in the premises as it may think just.
(2) Any such appeal shall be brought, within a week of the
act or decision complained of: Provided that the court, may

subject to such conditions as it may think just, allow an
appeal at any time on good cause shown.





70. Where default is made by the trustee, the debtor, or
any other person in obeying any order or direction made, or
given by the court, the court inay make ,in immediate order
for the committal of court of' such trustee,
debtor or other person : Provided that the power given by
this section shall he deemed to he in addition to and not in

substitution for any other right, remedy or liability in respect
or such default.

PART IV

JURISDICTION AND PROCEDURE

71.(1) The court shall deal with bankruptcy petitions,
and the rules of the court for the time being for regulating
the civil procedure of the court shall, so far as the same may
be applicable and not inconsistent with the provisions of this
Ordinance, be applied to bankruptcy proceedings; and every
order of the court made in connexion with bankruptcy
proceedings may be enforced in the same way as a judgment
of the court made in respect of any civil proceedings may be
enforced.

(2) the Registrar shall, in cases of urgency, have power
to make interim orders and to hear and determine unopposed
or ex parte applications, and any order so made shall, subject
to appeal to the court, be deemed to be an order of teh court.

(3) Every order of the court shall be subject to appeal to
the Full Court.

72. When two or more bankruptcy petitions are presented
against the same debtor or against joint debtors, the court
may consolidate the proceedings, on such terms as the court
may think fit.

73. If a debtor by or against whom a bankruptcy petition
has been presented dies, the proceedings in the matter shall,
unless the court otherwise orders, be continued as if he
were alive.

74. The court may at any time, for sufficient reason, stay
the proceedings under a bankruptcy petition, either altogether
or for a limited time, on such terms and subject to such
conditions as the court may think just.





75. Where there are more respondents than one to a
petition, the court may dismiss the petition as to one or more
of them, without prejudice to the effect of the petition as
against the other or others of them.

76. Where a member of a partnership is adjudged bank-
rupt, the court may authorise the trustee to commence and
prosecute any action in the names of the trustee and of the
bankrupt's partner; and any release by such partner of the
debt or demand to which such action relates shall be void;
but notice of the application to commence the action shall
be given to him and he may show cause against it, and, on
his application, the court may, if it thinks fit, direct that he
shall receive his proper share of the proceeds of the action,
and if he does not claim any benefit therefrom he shall be
indemnified against costs in respect thereof in such manner
as the court may direct.

77. Where a bankrupt is a contractor in respect of any
contract jointly with any other person such person may sue
or be sued in respect of the contract without the joinder of
the bankrupt.

78.(1) Any two or more persons, being partners, or any
person carrying on business under a partnership name, may
take proceedings or be proceeded against under this Ordi-
nance in the name of the firm, and in such case all nominal
and dormant partners shall be included in the adjudication,
and all their joint estate and the separate estate of each of
them shall vest in the trustee: Provided that a receiving
order shall not be made against a corporation or against a
registered joint-stock company.

(2) The court, on application by any person interested in
any bankruptcy proceedings by or against a partnership, may
order the names of the persons who are partners in such
firm to be diclosed in such manner and verififed upon oath
or otherwise as the court may direct; and, in case of dispute,
the court shall settle who are the partners in any firm liable
to adjudication, and for this purpose may order such notices
to be given or such inquiries made or issues tried as it may
deem just and necessary.

79. The chief justice may make general rules and forms
for carrying into effet the objects of this ordinance.






PART V

SUPPLEMENTARY

Unclaimed funds or dividends.

80.(1) When the trustee has under his control any un-
claimed dividend which has remained unclaimed for more
than six months, or when, after making a final dividend, the
trustee has in his hands or under his control any unclaimed
or undistributed money arising from the property of the
debtor, he shall forthwith pay the same to the Registrar,
who shall carry the same to an account to be termed the
Bankruptcy Estates account. the Registrar's receipt for
the money so paid shall be a sufficient discharge to the
trustee in respect thereof.

(2) The trustee, whether he has obtained his release or
not, may be called upon by the court to account for any un-
claimed funds or dividends, and any failure to comply with
the requisitions of the court in this behalf may be dealt with
as a contempt of court.

(3) Any person claiming to be entitled to any moneys paid
into the Bankruptcy Estates Account may, within five years of
the date when the same was so paid in, apply to the Registrar
for payment to him of the same, and the Registrar, if satisfied'
that the person claiming is entitled, shall make an order
for the payment to such person of the sum due. Any person
dissatisfied with the decision of the Registrar may appeal to
the court.

(4) After any money has remained unclaimed in the Bank-
ruptcy Estates Account for a period of five years, the
Registrar shall pay the same over to the Treasurer for the
use of the crown, and all claims thereon shall be thenceforth
barred.

Administration of esates according to the
law of bankruptcy.

81(1) A creditor of a deceased debtor whose estate is
shown to be insufficient for the payment of the debts owing
by the deceased person may present a petition (the facts
alleged in which shall be verified by affidavit) to the court
praying for the administration of the estate of the deceased
person according to the law of bankruptcy, and the court,

As amended by Law Am, Ord., 1923, See No. 58 of 1911, s. 214(5).





if satisfied that the estate is insufficient for the of
the debts of the deceased person, shall make an order
accordingly.

(2) The petition shall be served on the personal representa-
tive of such deceased person or, if there is none in the Colony,
on the Official Administrator of intestate estates.

(3) On an order being made for the administration in
bankruptcy of the deceased debtor's estate, the court shall
appoint a trustee in whom all the debtor's property sliall
vest for the purpose of distribution.

(4) Subject to the provisions of this section, the provisions
of Parts II and III shall, so far as the saine are applicable,
apply to the case of an order for administration under this
,section in like manner as to an adjudication of bankruptcy.

(5) In the administration of the estate of the deceased
debtor under an order for administration, flineral and
testamentary expenses shall be deemed a preferential debt.

(6) Notice of the presentation of a petition under thiS
section shall, in the event of an order for administration
being made thereon, be deemed equivalent to notice of an
act of bankruptcy, and any transfer, disposition, charge,
delivery, contract, or payment made, relating to, or affecting
the property to be administered under the order, and any
execution or attachment had against the said property or
any part thereof, after notice of the presentation of such
petition, shall be void as against the trustee. Save as
aforesaid, nothing in this section shall invalidate any payment
made or any act or thing done or suflered in good faith before
the making of the order for administration.


Offences.

82.-(1) Any person against whom. tt receiving order has
been made, whether adjudged bankrupt or not, shall, in each
of the cases following, be guilty of a misdemeanor, and shall
be liable to imprisonment for any term not exceeding two
years; that is to say,-

(a) if he does not, to the best of his knowledge and belief,
fully and truly discover to the trustee all his property, and.
how, and to whom, and for what consideration, and when he
disposed of any part thereof, except such part as may have
been disposed of in the ordinary way of his trade or laid out




in the ordinary expense of his family, unless the jury is
satiffied that he had no intent to defraud;

(b) if he does not delivery up to the trustee or as he may
direct all such part of his property as is in his custody or under
his control and which he is required by law to deliver up,
unless the jury is satisfied that he had no intent to defraud;

(c) if he does not deliver up to the trustee or as he may
direct all books, documents, papers, and writings in his
custody or under his control relating to his property of affairs,
unless the jury is satisfied that he had no intent to defraud;

(d) if, after the presentation of a bankruptcy petition by
or against him or with four months next before such
presentation, he conceals any part of his property to the
value of fifty dollars or upwards, unless the jury is satisfied
that he had no intent to defraud or to conceal any debt due
to or from him;

(e) if, after the presentation of a bankruptcy petition by or
against him or within four months next before such presentat-
ions, he fraudulentyl removes any part of his property to the
value of fifty dollars or upwards;

(f) if he makes any material omission or mis-statement in
any statement relating to his affaris, unless the jury is
satisfied that he had no intent to defraud;

(g) if, knowing or believing that a false debt has been
proved by any person under the bankruptcy or composition
or scheme of arrangement, he fails for the period of one
month to inform the trustee thereof;

(h) if, after the presentation of a bankruptcy petition by
or against him, he prevents or is party to preventing the
production of any book, document, paper, or writing affecting
or relating to his property or affairs, unless the jury is
satisfied that he had no intent to conceal the state of his
affairs or to defeat the law;

(i) if, after the presentation of a bankruptcy petition by or
against him or within four months next before such
presentation, he conceals, destroys, mutilates, or falsifies,
or is privy to the concealment, destruction, mutilation, or
falsification of, any book or document affecting or relating to
his property or affairs, unless the jury is satisfied that he
had no intent to conceal the state of his affairs or the defeat
the law;





(j) if, after the presentation of a bankruptcy petition by
or against him or within four months next before such
presentation, he makes or is privy to the making of any
false entry in any book or document affecting or relating
to his property or affaris, unless the jury is satisfied that he
had no intent ti conceal the state of his affairs or to defeat the law;

(k) if, after the presentation of a bankruptcy petition by
or against him or within four months next before such pre-
sentation, he fraudulently parts with, alters, or makes any
omission, or is party to the fraudulently parting with, altering
or making any omission, in any document affecting or relating
to his property or affairs;

(l) if, after the presentation of a bankruptcy petition by or
against him or at any meeting of his creditors within four
months next before such presentation, he attempts to account
for any part of his property by fictitons losses or expenses;

(m) if, while undischarged, he obtains credit to the extent
of one hundred dollars or upwards from any person without
informing such person that he is an undischarged bankrupt;

(n) if, within four months next before the presentation of
a bankruptcy petition by or against him, he, by any false
representation or other fraud, has obtained any property on
credit and has not paid for the same;

(o) if, within four months next before the presentation of
a bankruptcy petition by or against him, he obtains, under
the false pretence of carrying on business and dealing in the
ordinary way of his trade, any property on credit and has
not paid for the same, unless the jury is satisfied that he had
no intent to defraud;

(p) if, within four months next before the presentation of
a bankruptcy petiton by or against him, he pawns, pledges,
or disposes of, otherwise than in the ordinary way of his
trade, any property which he has obtained on credit and has
not paid for, unless the jury is satisfied that he had no intent
to defraud; and

(q) if he is guilty of any false represtation or other fraud
for the purpose of obtaining the consent of his creditors or
any of them to any agreement with reference to his affairs
or his bankruptcy.





(2) A person who has sent out of the colony any property
which he had obtained on credit and not paid for shall, until
the contrary is proved, be deemed to have disposed of the
same otherwise than in the ordinary way of his trade, if, such
property not having been paid or accounted for at the date
of the receiving order by the person to whom the same was
sent, such last-emntioned person cannot be found or does
not pay or account for the same within a reasonable time
after being called upon to do so by the trustee.

(3) If any person against whom a receiving order is made,
after the presentation of a bankruptcy petition by or against
him or the service of a debtro's summons or bankruptcy
notice on him, or wihtin four months before such presentation
or sevice, quits the Colony and takes with him, or attempts
Colony and for taking with him, any part of his property, to
the amount of one hundred dollars or upwards, which ought
by law to be divided among his creditors, he shall (unless
the jury is satisfied that he had no intent to defraud) be
guilty of a misdemeanor punishable with imprisonment for any
term not exceeding two years.

(4) If any person against whom a receiving order is made
quits the colony, with intent to avoid service of any petition
or other process in bankruptcy, or to avoid examination in
respect of his affaris, or otherwise to defeat, embarrass, or
delay any proceedings against him in bankruptcy, he shall
be liable to imprisonment, without hard labour, not exceeding
one year, or to a fine not exceeding five hundred dollars. A
person who, after the presenation of a bankruptcy petition
by or against him, or the service of a debtor's summons on
him, or within three months next before such presentation
or service, quits the colony shall until the contrary is proved
be deemed to have quitted the colony with such intent as is
mentioned in this section.

(5) Any person shall, in each of the cases following, be
deemed guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding one year; that is
to say.

(a) if, in incurring any debt or liability, he has obtained
credit under false prentences or by means of any other fraud'

See No. 3 of 1890, s. 80(2).




(b) if he has, with intent to defraud his creditors or any
of them, made or caused to be made any gift, delivery, or
transfer of or any charge on his property.

(c) if he has, with intent to defraud his creditros, concealed
or removed any part of his property since or within two
months before the date of any unsatisfied judgment or order
for payment of money obtained against him; and

(d) if, after a receiving order has been made against him
and whether he has been adjudicated bankrupt or not, the
assets available for his unsecured creditors and for the costs
of bankruptcy and administration do not together amount
to twenty-five per cent, on the unsecured debts proved,
unless the jury is satisfied that the extent of his insolvency
arose from his misfortune unaccompanied by dishonesty or
reckless speculation or extravagance on his part.

83. If any creditor in any bankruptcy or composition
with creditors under the provisions of this Ordinance
wilfully and with intent to defraund makes any false claim,
or any proof, declaration, or statement of account which is
untrue in any material particular, he shall be guilty of a
misdemeanor punishable with imprisonment for any term
not exceeding one year.

84.(1) If, in the course of any proceedings taken under
any bankruptcy petition or on the representationof the
trustee or of any creditor, it appears to the court that there
is reason to suppose that any person has been guilty of any
offence under this Ordinance, the court may order the
prosecution of such person accordingly, and in any such
case may order the person to be prosecuted into custody, if
present, or, if not present, may grant a warrant for his
arrest and detention until he can be taken before a magis-
trate to be dealt with according to law.

(2) Where any person is liable under any other Ordinance,
or under any Act of Parliament, or at common law to any
punishment or penalty for any offence made punishable by
this ordinance, such person may be proceeded against under
such other Ordinance, Act of Parliament, or at common law,
or under this Ordinance, so that he be not punished twice
for the same offence.






(3) Where a debtor has been guilty of any criminal
offence, he shall not be exempt from being proceeded against
therefor by reason that he has obtained his discharge or
that a composition or scheme of arrangement has been
accepted or approved.


Schedules

85. the forms in the First Schedule with such variations
and additions as circumstances may require, may be used
for proceedings under this Ordinance and shall, as regards
the form thereof, be valid and suddicient.

86. the fees mentioned in the second Schedule shall be
charge in respect of the various matters to which they
relate: Provided that the court may, for good cause shown,
dispense with the payment of any particulars fee or fees or
any part thereof, on such terms as it may think fit.

87. All fees and commissions received hy or payable to
the Official Receiver on the appointment of a trustee other
than himself or for acting as trustee, and any remuneration
received by the Official Receiver as an interim receiver or
otherwise, shall be paid by such officer forthwith into the
Treasury.

FIRST SCHEDULE
Form NO,1
General title in bankruptcy proceedings
In the supreme court of hongkong
in in bankruptcy No. of 19
Re. A.B.[debtor's name]
Ex parte the debtor [or C.D. a creditor, or the Official receiver, or
the trustee.]


Form No. 2
Declaration of inability to pay debts.

I, A.B.[ name address, and descirption of debtor] [ and carrying on
business at ] hereby declare that i am unable to pay my debts.
dates this day of 19
(Signed) A.B.

Signed by the debtor in my presence
Signature of witness
Address
Desciption
Filed the day of 19





Form No. 3
Debtor's petition
(TITLE.)
1, A.B., address, and description of debtor] [and carrying on

business at being unable to pay my debts, hereby petition the
court that a receiving order be made in respect of my estate [and that I
may be adjudged bankrupt].
Dated this day of
(Signed.) A.B
Signed by the debtor in my
Signature of xvitness
Address
Description.
Filed the day of

FoRm No. 4.
Bankruptcy notice,
(TITLE.' )

To A.B. [or A.B. and Co.] of
Take notice that, within days after service of this notice on you
excluding the day of such service, you intist pay to C.D. of
the sum of claimed by him as being the amount due on a
final judgment obtained by him. against you in the Supreme Court, dated
the day of 19' whereon execution has not,
been staved, or you inust secure or compound for the said sum to his
satisfaction or the satisfaction of the court, or you must satisfy the court
that you have a counterclaim, set-off, or cross-demand
which equals or exceeds the sum claimed by him and which you could
not set up in the action in which the judgment was obtained.

BY the court,
(Signed.)
Dated this day of 19

Indorsentent on notice
You are specialty to 'note-
that the consequetices of' not complying with the requisitions of this
notice are that you will have committed an act of bankruptcy on which
bankruptcy proceedings may be taken against you.
If, however, you have a counterclaim, set-off, or cross-denjand which
equals or exceeds the amount claimed by C.D. in respect Of the
judgment and which you could not set up in the action in which the
said judgment was obtained, you inust Within days apply to the
court to set aside this notice.
(Name and address of person taking out the notice.)
(a.) This notice is taken out by C.D. in person..





FORM NO. 5
Request for issue of bankruptcy notice

(TITLE)

1. I, C.D. of hereby request that a bankruptcy notice be
issued by this court against A.B. [here insert name, address, and
decription of judgment debtor.]

2. The said A.B. has, for the greater part of the past six months,
resided at [or carried on business at

3. Final judgment for $ was obtained by me against the said
A.B. in the supreme court on the day of 19

4. Execution on the said judgment has not been stayed.
dated this day of 19

(signed) C.D. judgment creditor, or
[E.F. solicitor of C.D.]

FORM NO. 6

CREDITOR'S PETITION

(TITLE)

1. i, c,d. OF [OR we, C.D., of and E, F, of
] hereby petition the court that a receiving order be made
in respect of the esate of A,B. [here insert name, address, and
descirption of debtor,]

2. The said A.B, is domiciled in this colony [or, within a year before
the dat e of the presentation of this petition, has ordinarily resided, or
had a dwelling-house, or had a place of business, in the colony.]

3. the said A.B. is justly indebted to me [or to us in the aggregate]
in the sum of $ [set out amount of debt or debts and the
consideration.]

4. I [or We] do not nor does any person on my [or our] behalf hold
any secrurity on the said debtor's estate or on any part thereof for the
payment of the said sum,
or

4. I [or We ] hold security for the payment of [or part of] the said
sum [but i (or we) will give up such security for the benefit of the
creditros of A.B. in the event of his being adjudged bankrupt] [ or and
I (or we) estimate the value of such security at the sum of $ ].

or

4. I, C.D. hold security for the payment of etc.
I, E,F, hold security for the payment of etc.





5, The said A.B. within four months before the date of the presenta-
tion of this petition has committed We following act [or acts] of
bankruptcy, namely, [here set out separately the act or nets of bank-
ruptcy]

Dated this day 19

Signied by the petitoner [or petitioners] in my presence
Witness
Address
Description.

N.B. this petition must be verified by affidavit

indorsement

This petition having been presented to the courl, on the day of
19, at o' clock in the noon, it is
ordered that this petition shall be heard at on day,
the day of 19, at o'clock in the
noon
And you, the said a,b are to take notice that if you intend to
dispute the truth of any of the statements contained in the petition, you
must file with the registrar of this court a notice showing the grounds
on which you intend to dispute the same and serve a copy of the notice
on the petitioner two days before the date fixed for the hearing.

form no. 7

creditor's petition for the administration of an estate according
to the law of bankruptcy made under section 81.

1. I c,d of [or we, etc] hereby petiton the court that
an order be made for the administration in bankruptcy of the estate
\ of

2. [describe the estate sought to be administered, and state the provions
vesting or the estate, so far as the same is material to the application]

3. the estate fo the said a, b is justly indebted to me [or to us in
the aggregate] in the sum of $ [set out amount of debt and
consideration.]

4. I[or we] do not nor does any person on my [or our] behalf hold
any security on the said estate or on any part thereof, [or as in form
no, 6-creditor's petition]

5. the estate of the said a, b is (according to my [or our] informa-
tion and belief) insufficient to pay the debts due therefrom.






indorsement
This petition having been presented to the court on the day of

19 it is ordered that this petition shall be heard
on day, the day of
19 o'clock in the noon.
if you the said [party on whom service is required to be made] intend
to dispute the matter of any of the statements contained in the petition,
you must file with the registrar of this court a notice showing the
grounds on which you intend to dispute the same and serve a copy of
the notice on the petitioner two days before the day fixed for hearing

form NO. 8.

receiving order
(title)

on the petition of the debtor himself [or of C.D. of
a creditor] filed the day of , 19, the
Official Receiver, Mr. is hereby constituted receiver of the
estate of A.B. [name, address, and description of debtor]
dates this day of 19

[l.s.] (signed) registrar

form no. 9

order for administration of an estate according to the
law of bankruptcy
(title)

on the petition of C.D. and on reading
and hearing it is ordered that the estate of A.B. [name
that the Official Receiver, Mr. be the trustee; and
that the costs of this application be
dates this day of 19

by the court, [l.s.] (Signed) registrar

form no, 10

notice by debtor of intention to oppose petition.

(title)

in the matter of a bankruptcy petition presented
against me on the day of 19, by c.D. of

I, the above, A.B. do hereby give you notice that I intend to dispute
the petitioning creditor's debt [or the act of bankruptcy, or as the case
may be]. Date this day of 19
(Signed) A.B.

to C.D. of and to the Registrar of the said court.







632 No. 7 of 1891 BANKRUPTCY



BANKRUPTCY No. 7 of 1891 633




634 No. 7 of 1891 BANKRUPTCY




FORM No. 12. [s. 19.]
Order of adjudication.
(TITLE,)
Pursuant to a petition dated the day of 19
against A.B., address, and description of debtor] on which a
receiving order was made on the day of 19
and on the application of and on reading and
hearing it is ordered that the debtor be and the said debtor
is hereby bankrupt.
Dated this day of 19
BY the court,

[L. S.] (Signed.) Registrar.

FORM No. 13 [s. 27.]
Order of discharge.
(TITLE,)

On the application of A.B., adjudicated bankrupt on the day of
19 , and on reading and hearing
it is ordered that he be and he is hereby discharged [or that
his discharge be suspended for (insert period) and that he be discharged
as froin the day of 19 or that he be discharged
subject to the following conditions, namely, (insert conditions), or that
his discharge be and it is refused].

Dated this day of 19
By the court,
[L,.S.] (Signed.) Registrar.

FORM NO. 14 [s. 18.]

Order sanctioning composition or seheme.
(TITLE.)
on the application of and on reading and hearing
and the court being satisfied that the creditors in the above
matter have duly accepted and approved a composition [or scheme of
arrangement] in the following terms, namely, [here insert terms, if short,

if not, insert in the terms contained in Exhibit A. annexed hereto]
the said composition [or scheme] is hereby sanctioned.
Dated this day of 19
By the court,

[L.S.] (Signed.) Registrar






FORM NO. 15 [s. 30]

I, of make oath and say [if the affidavit is made by a clerk
or agent of the creditor, set out here the representative character of the
deponent and the authority to make the affidarit.]

the said a.b, was, at the date of the receiving order, and still is,
justly and truly indebted to [me] in the sum of $ for [state
consideration, insert a summary of account, and describe rouchers, if
any] for which said sum or any part thereof I say that [I have] not, nor
has any person, to my knowledge or belief, to [my] use, had or received
any manner of satisfaction or security whatsowver [save and except the
following] [set out securities and where they are on the property of
the debtor, assess the value.]
sworn, etc.

form no. 16

n.b. this form may be annexed to the affdavit of proof

(title)
I, of do hereby appoint
of as my proxy in this matter excepting as to [or including]
the receipt of dividend.
dated this day of 19
(signed)
signed by the said [for self and partners]
in the presence of

form no. 17
notice to creditors of second general meeting


(TULE.)
HONGKONG,
Sir
At the Erst meeting of the creditors in the above matter held at
on the day of 19 , it was
resolved by special resolution of the ereditors present to entertain a,
proposal for a composition [or scheme of arrangement] in the following
terms [state terms of proposal]
The meeting for the purpose of deciding whether the above resolution
shall be confirmed will be held at on the day
Of 19
The proposal for a composition can be confirmed only by a majority
in number, representing three-fourths, in value, of all the creditors who
have proved, and is subject to the approval of the court.
I am, &c
(Signed.) Offcial Receiver.
To Esq, ec.

NOTE-The advertisement in the Gazette and local newspaper can
be in the above form, omitting the address.








Form No. 18
Certificate of appointment of trustee
[title]

this is to certify that of has been
duly appointed and approved as trustee of the estate of A.B. who was
adjudicated bankrupt on the day of 19
Dated this day of 19 by the court,

[l.s.] (Sigined) registrar
form no. 19
gazette motice of intention to declare dividend

(title)

bankruptcy notice

a [final] dividend is intended to be declared in the matter of A.B.
of adjudicated bankrupt on the day of 19
creditors who have not proved their debts by the day
of 19 will be excluded
dated this day of 19 trustee

form No. 20

notice to creditors who have not proved
(title)

in the matter of A.B. adjudicated bankrupt on the day of
19 a [final] dividend is intended to be declared

you are mentioned in the debtor's statement of affairs, but you have
not yet proved your debt.

Creditors who have not proved by the day of
19, will be excluded form this dividend.

form no. 21
gazette notice of dividend
(title)
bankruptcy notice

a [final] dividend of in the dollar has been declared in the
matter of A.B. of adjudicated bankrupt on the day of
19 and the same may be received at
on the day of 19 or on any other
susequent [monday] between the hours of and
creditors applying for payment must produce any bills of exchange or
other securities held by them and must sign a receipt in the prescribed
form.

dated this day of 19
(signed) trustee.





form no. 22
affidavit verifying trustee's account
(title)
I, of , the trustee of the above-named bankrupt, make
oath and say that the account hereunto annexed, marked A, contains a
full and true account of my receipts and payments on account of the
bankrupt's estate from the day of to the day
of 19 inclusive, and that I have not, nor has
any other person by my order or for my use, during such period received
any money on account of the said estate other than and except the items
mentioned and specified in the said account.

Sworn, etc.
(signed) trustee

form no. 23 [s. 24.]
Warrant for arrest of debtor
(TITLE.)
TO officer of this court and his assistants and to
the Superintendent of

WHEREAS by evidence Laken upon oath it has been made to appear, to
the satisfaction of the court, that [here Ihe for the, of
the warrant] This is, therefore, to require you the said and
others, to take the said and to deliver him to the Superintend
ent of Prisons and yon, the said Superintendent, to receive the said
and him safely to keep in the Gaol until such time as this.
court may order.
Dated this day of
BY the court,
(Signed.)

FoRm No. 24 [s. 24]

Warrant of seizure
(TITLE.)
To officer of this court and
WHEREAS on the day of 19 a
order was made against the said debtor : This is, therefore, to require,
you to enter into and upon the house and houses and other the premises
of the said debtor and there to seize all goods, money, and effects, and
also all papers and books of account, and all other things whatsoever
belonging to the said debtor, except his necessary wearing apparel,
bedding, and tools as excepted by the Bankruptcy Ordinance, 1891, and
the things so seized safely to detain and keep in Your possession until

As amended by Law Rev. Ord,. 1923.





you shall receive orders for the disposal thereof from the Official
Receiver or trustee, and in ease of resistance or if not having the key of
any door or of any premises as aforesaid, you shall break open or
cause the same to be broken open for the better execution of this
warrant.

Dated this day of 19

By the court,

[L.S.] (Signed.) Registrar.

form No. 25 [s. 44.]

Scarch warrant

To officer this court and his assistants

WHEREAS' by evidence taken upon oath it has been made to appear to
the court that there is reason to saspect and believe that property of
the said debtor is concealed in the house [or other place, describing it]
of one of such house [or place] not belonfing to
the sald debtor . This is, therefore, to require You to enter in the day-time
into the house [or other place, descrilbing it] of the said
situate at aforesaid, and there diligently to search for the

said property, and it any property of the said debtor shall be there
found by you on such search, to seize the same to be disposed of and
dealt with according to law,

Dated this day of 19
By the court,
[l.s.] (Signed.) Registrar.

FoRm No. 26. [s. 26.]
Order to pay admitted debt

(TITLE.)
whereas of in his examination taken this day
and signed and subscribed by him, has admitted that he is indebted to
the said debtor in the sum of $ it is ordered that the said
do pay to the trustee herein in full discharge of the sum so admitted,
the sum of $ forthwith [or, If otherwise, state the time and Manner
of payment] and do further pay to the said trustee the sum of $
for costs.

Dated tbis day of 19

By the court,

[l.s.] (Signed.) Registrar.





Form No. 27. s. 25.

Order to Postmaster general or agent of telegraph company

(Title)
On the applicatioll of G.H. the Official Receiver [or the trustee] or
the property of the above-named debtor, it is ordered that, for a period
of three months from the day of 19
all post letters and parcels ror telegraws] directed or addressed to the
said debtor in the Colony shall be re-directed, sent, or delivered by
the Postmaster General or officer acting under him [or by the agent of
the telegraph company to the, Official Receiver [or trustee] at
and that a sealed duplicate of this order be forthwith transmitted by
the official receiver [or trustee] to the Postmaster general or officers
acting under him [or to the agent of the telegraph company]

Dated this day of

By the court,

[l.s.] (signed) registrar

SECOND SCHEDULE
SCALE OF FEES AND PERCENTAGES
TABLE A

1. every declaration by a debtor of inability to pay his
debts .......................$ 2.50
2. Every bankruptcy notice...........................2.50
3. Every bankruptcy petition ........ ...................... ..........30.00
4. Every bond with sureties ....................6.00
5. Every affidavit filed, other than proof of debts 1.00
6. Every subpoena or summons under section 26............0.50
7. (a) For taking an affidavit, or an affirmation, or a declaration,
or attestation upon honour in lieu of an affidavit or
a declaration, except for proof of debt, for each person
making the same...........1.00
(b) And in addition thereto for each exhibit therein referred
to and required to be marked.....................0.50
8. On every proof of debt above $ 20.............0.50
9. Every petition under section 81 ...............30.00
10. (a) Every application for an order of discharge, including
expense of gazetting...................15.00
(b) And for each creditor to be notified .............0.50
11. Every application for search other than by petitioner,
trustee, bankrupt, or any officer of the court........ 1.00





12. Every application to the court, except by the official
Receiver when acting either as official receiver or
trustee....................#3.00
13. Every order of the court .........................4.00
14. Every office copy, each folio of 72 words ..........0.25
15. Every allocatur by the taxing officer of the court for any
costs, charges, or disbursements:-
Where the amount allowed shall not exceed $100...........3.00
Where the amount exceeds $100:-
for the first $100............3.00
for every additional $100 or fraction thereof........1.00
16. Every application to the court to appoint a special manager
or to carry on the business of a debtor..............3.00
17. Every application under section 80 to the Registrar of the
supreme court for payment of money out of the
bankruptcy estates account......................1.50
18. Every application to the court to approve composition, a fee
computed at the following rates on the gross amount of
the composition, viz., $10 on every $1,000 or fraction
of $1,000 up to $5,000 and $5 on every $1,000 or
fraction of $1,000 beyond $50,000.

19. Every application to the court to approve a scheme of
arrangement, a fee computed at the following rates on
the gross amount of the estimated assets (but not ex-
ceeding the gross amount of the unsecured liabilities),
viz., $10 on every $1,000 or fraction of $1,000 up to
$50,000, and $5 on every $1,000 or fraction of $1,000
beyond $50,000:


Provided that where a fee has been taken on a previous
application to the court ot apporve a composition or
scheme, or where a fee has been paid under this table
on the account submitted for audit, seven-eighths of the
amount thereof shall be deducted from the fee payable
on an application to approve a composition or scheme.

20. On one copy of an account, showing assets realized, for-
warded by the official receiver or trustee to the regis
trar of the supreme court, a fee according to the
following scale on the gross amount of the assets
realized and brought to credit, viz., $10 on every
$1,000 or fraction of $1,000 up to $50,000 and $5 on
every $1,000 or fraction of $1,000 beyond $50,000:

Provided that, where a fee has been taken on an application
to approve a composition or scheme of arrangment,
seven-eighths of the amount thereof shall be deducted
from the fee.

21. On every application for release by a trustee, a fee of $1.25
on every $1,000 or fraction of $1,000 of assets realized
and brought to credit.





TABLE 13.

1. On the net assets realized or brought to credit, by the Official
Receiver whether acting as Interim receiver, receiver, or trustee, after
deducting any sums paid to secured creditors in respect of their
securities and not being assets realized by a special. manager or money
received and spent in carrying on the bosiness of the debtor, and on
the net assets realized by an Official Receiver when acting as trustee
to administer a debtor's property under a composition, in scheme, after
deducting any sums paid to secured creditors in respect of their
securities, and not being moneys received and spent in carrying on
the business of a debtor, a percentage according to the following
Scale:-

On the first $10,000 or fraction thereof $5 per cent

On the next. $15,000 or fraction 4 per cent.

On the next $25,000 or fraction thereof 3 per cent.

On the next $50,000 or fraction thereof 2 per cent.

on all further sums ...............1 per cent.

2. On the amount distributed to creditors by the Official
when acting as trustee under a composition :-

On the first $ 5,000 or fraction thereof $2 per cent-

On the next $ 5,000 or fraction thereof 1,1/2 per cent,.

On the next $10,000 or fraction thereof 1 per cent.

on all further sums ...............1/2 per cent.

.3. on the amount distrikaed in dividend by the Official Receiver,
when acting as trustee under adjudications, schemes, or orders of
administration of the property of a deceased insolvent, a
according to the following scale:-

On the first $10,000 or fraction thereof $2 1/2 per cent.

On the next $15,000 or fraction thereof 2 per, cent..

On the next $25,000 or fraction thereof 1 1/2 per cent

On the next $50,000 fraction thereof 1 per cent.

On all further sums .............1/2 per cent.

4. For the Official Receiver acting as interim receiver of the
property of a debtor in addition to the percentage chargeable on
realizations, on every order .........$30.00
And, in addition, where the order is in force for a
longer period than fourteen days, for every seven
(fitys after the first fourteen, and for every fraction
of seven days..............................................10.00





5. For each notice by an Official Receiver to a creditor of a first or
any other meeting, or sitting or the court:-

Where the estimated value of the estate exceeds
$1,000 each notic.....................$0.50

Where the estimated value of the assets does not
exceed $1,000:-

On the first twenty notices each notice..........0.50

For each notice above twenty..................0.25

Each notice by an Official Receiver to a creditor of
an adjourned meeting or an adjourned sitting of the
court...........0.25

6. For the official receiver supervising a special manager or the
carrying on of a debtor's business, where the estimated assets exceed
$1,000 a fee according to the following scale:-

If the gross assets are estimated by the official
receiver not to exceed $5,000.............$10.00

If to exceed $5,000 but not to exceed $50,000.........$10.00
If to exceed $50,000 but not to exceed $50,000.........20.00
If to exceed $100,000 but not to exceed $200,000.........30.00
If to exceed $100,000 but not to exceed $200,000.........40.00
If to exceed $200,000 ...................................50.00

7. travelling, keeping possession, and other reasonable expenses of
Official Receiver the amount disbursed.

8. for official stationery, printing, books, forms, and postages, each
estate:

for every ten applications to debtors to an estate, or
fraction of ten........................$1.00

for every ten creditors or fraction of ten where the
estimated assets exceed $1,000.........$5.00

Where the estimated assets do not exceed $1,000

for evenry creditors or fraction of ten up to twenty 5.00
for evenry creditors or fraction of ten above twenty 2.50

9. On every payment under section 80 of money out of the bank-
ruptcy estates account 10 cents on each $10 or fraction of $10 to be
charged as follows:

When the money consists of unclaimed dividends, on each dividend
paid out.

when the money consists of undistributed funds or balances, on
the amount paid out.

No. 8 of 1891, repealed by No. 23 of 1909.




[Originally No. 20 of 1891. No. 2 of 1915. Law rev. Ord., 1923.] Short title. Interpretation. 46 & 47 vict, c. 52, s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict, c. 52, s. 4. [s. 3 contd.] 53 & 54 Vict, c. 71, s. 1. First Schedule, Forms Nos. 2 and 3. First Schedule, Forms Nos, 4 and 5. Meaning of the word debtor. Jurisdiction to make receiving order. 46 & 47 Vict, c. 52, s. 5. First Schedule. Form No. 8. Conditions on which creditor may petition. 46 & 47 Vict, c. 52, s. 6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict, c. 52, s. 7. First Schedule. Form No. 6. First Schedule. Form No. 10. Debtor's petition. 46 & 47 Vict, c. 52, s. 8. First Schedule. Form No. 3. Appointment of Official Receiver. Effect of receiving order. 46 & 47 Vict, c. 52, s. 9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict, c. 52, s. 10. Appointment of manager or interim receiver. 46 & 47 Vict, c. 52, s. 12. Advertisement of receiving order. 46 & 47 Vict, c. 52, s. 13. Duties of Official Receiver. [s. 14 contd.] 46 & 47 Vict, c. 52, s. 70. 46 & 47 Vict, c. 52, s. 69. First and other meetings of creditors. 46 & 47 Vict, c. 52, s. 15. And First Schedule. First Schedule. Form No. 16. Debtor's statement of affairs. 46 & 47 Vict, c. 52, s. 16. First Schedule. Form No. 11. Proceedings at public examination of debtor. 46 & 47 Vict, c. 52, s. 17. Composition or scheme of arrangement. 53 & 54 Vict, c. 71, s. 3. First Schedule. Form No. 17. [s. 18 contd.] First Schedule. Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict, c. 52, s. 20. First Schedule. Form No. 12. Nomination, appointment, etc., to trustee. 46 & 47 Vict, c. 52, s. 21. First Schedule. Form No. 18. Committee of inspection. 46 & 47 Vict, c. 52, s. 22. Power to accept composition or scheme after adjudication, etc. 46 & 47 Vict, c. 52, s. 23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict, c. 52, s. 24. Arrest of debtor and seizure of his property. 46 & 47 Vict, c. 52, s. 25. First Schedule. Form No. 23. First Schedule. Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict, c. 52, s. 26. First Schedule. Form No. 27. Discovery of debtor's property. 46 & 47 Vict, c. 52, s. 27. First Schedule. Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict, c. 71, s. 8. First Schedule. Form No. 13. [s. 27 contd.] Effect of order of discharge. 46 & 47 Vict, c. 52, s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict, c. 52, s. 35. Mode of proving debt. First Schedule. Form No. 15. [s. 30 contd.] Description of debts provable. 46 & 47 Vict, c. 52, s. 37. Mutual credit and set-off. 46 & 47 Vict, c. 52, s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict, c. 52, s. 40. Distress for rent. 46 & 47 Vict, c. 52, s. 42. Ordinance No. 1 of 1883. Relation back of trustee's title. 46 & 47 Vict, c. 52, s. 43. Description of property divisible among creditors. 46 & 47 Vict, c. 52, s. 44. [cf. No. 7 of 1886, s. 2.] Restriction of rights of execution creditor. 46 & 47 Vict, c. 52, s. 45. Duty of bailiff. 46 & 47 Vict, c. 52, s. 46. Avoidance of voluntary settlements. 46 & 47 Vict, c. 52, s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict, c. 52, s. 48. Protection of bona fide transactions without notice. 46 & 47 Vict, c. 52, s. 49. Possession of property by trustee. 46 & 47 Vict, c. 52, s. 50. Seizure of property of bankrupt. 46 & 47 Vict, c. 52, s. 51. First Schedule. Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. 46 & 47 Vict, c. 52, s. 53. Disclaimer of onerous property. 46 & 47 Vict, c. 52, s. 51. 46 & 47 Vict, c. 52, s. 55. [s. 48 contd.] Powers of trustee to deal with property. 46 & 47 Vict, c. 52, s. 56. Powers exercisable by trustee with permission of committee of inspection. 46 & 47 Vict, c. 52, s. 57. Declaration and distribution of dividends. 46 & 47 Vict, c. 52, s. 58. First Schedule. Forms Nos. 19 and 20. First Schedule. Form No. 21. Joint and separate dividends. 46 & 47 Vict, c. 52, s. 59. Provision for creditors residing at a distance, etc. 46 & 47 Vict, c. 52, s. 60. Right of creditor proving after dividend. 46 & 47 Vict, c. 52, s. 61. Final dividend. 46 & 47 Vict, c. 52, s. 62. First Schedule. Form No. 21. Barring of action for dividend. 46 & 47 Vict, c. 52, s. 63. Employment of and allowance to bankrupt. 46 & 47 Vict, c. 52, s. 64. Right of bankrupt to surplus. 46 & 47 Vict, c. 52, s. 65. Costs and remuneration. 46 & 47 Vict, c. 52, ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict, c. 52, ss. 74, 75. Record and account to be kept by trustee. 46 & 47 Vict, c. 52, s. 80, Audit of trustee's accounts and order therein. 46 & 47 Vict, c. 52, ss. 78. First Schedule. Form No. 22. Fees and remuneration of Official Receiver and trustee. 46 & 47 Vict, c. 52, s. 128. Second Schedule. Costs where joint estate insufficient. Conditions of trustee's release. 46 & 47 Vict, c. 52, s. 82. Official name and general powers of trustee. 46 & 47 Vict, c. 52, s. 83. Removal of trustee. 46 & 47 Vict, c. 52, s. 86. Directions to trustee. 46 & 47 Vict, c. 52, s. 80. Appeal to the court against trustee. 46 & 47 Vict, c. 52, s. 90. Disobedience to order of the court. Jurisdiction to be exercised by the court, etc. 46 & 47 Vict, c. 52, s. 92. Consolidation of petitions. 46 & 47 Vict, c. 52, s. 106. Continuance on death of debtor. 46 & 47 Vict, c. 52, s. 108. Power to stay proceedings. 46 & 47 Vict, c. 52, s. 109. Case of two or more respondents. 46 & 47 Vict, c. 52, s. 111. Action by trustee and partner of bankrupt. 46 & 47 Vict, c. 52, s. 113. Action on joint contract. 46 & 47 Vict, c. 52, s. 114. Proceedings in partnership name. 46 & 47 Vict, c. 52, ss. 123. Making of rules and forms. 46 & 47 Vict, c. 52, s. 127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict, c. 52, s. 125. First Schedule. Forms Nos. 7 and 9. Punishment of fraudulent debtors. 32 & 33 Vict, c. 62, s. 11. [s. 52 contd.] [s. 82 contd.] [s. 82 contd.] 46 & 47 Vict, c. 52, s. 12. 46 & 47 Vict, c. 52, s. 13. Punishment of creditor making false claim, etc. 32 & 33 Vict, c. 62, s. 14. Prosecution of offences. Forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver.

[Originally No. 20 of 1891. No. 2 of 1915. Law rev. Ord., 1923.] Short title. Interpretation. 46 & 47 vict, c. 52, s. 168. Enumeration of acts of bankruptcy. 46 & 47 Vict, c. 52, s. 4. [s. 3 contd.] 53 & 54 Vict, c. 71, s. 1. First Schedule, Forms Nos. 2 and 3. First Schedule, Forms Nos, 4 and 5. Meaning of the word debtor. Jurisdiction to make receiving order. 46 & 47 Vict, c. 52, s. 5. First Schedule. Form No. 8. Conditions on which creditor may petition. 46 & 47 Vict, c. 52, s. 6. Liability of firm carrying on business in the Colony to have receiving order or adjudication made against it. Creditor's petition. 46 & 47 Vict, c. 52, s. 7. First Schedule. Form No. 6. First Schedule. Form No. 10. Debtor's petition. 46 & 47 Vict, c. 52, s. 8. First Schedule. Form No. 3. Appointment of Official Receiver. Effect of receiving order. 46 & 47 Vict, c. 52, s. 9. Making of order for immediate possession of bankrupt's property after petition. 46 & 47 Vict, c. 52, s. 10. Appointment of manager or interim receiver. 46 & 47 Vict, c. 52, s. 12. Advertisement of receiving order. 46 & 47 Vict, c. 52, s. 13. Duties of Official Receiver. [s. 14 contd.] 46 & 47 Vict, c. 52, s. 70. 46 & 47 Vict, c. 52, s. 69. First and other meetings of creditors. 46 & 47 Vict, c. 52, s. 15. And First Schedule. First Schedule. Form No. 16. Debtor's statement of affairs. 46 & 47 Vict, c. 52, s. 16. First Schedule. Form No. 11. Proceedings at public examination of debtor. 46 & 47 Vict, c. 52, s. 17. Composition or scheme of arrangement. 53 & 54 Vict, c. 71, s. 3. First Schedule. Form No. 17. [s. 18 contd.] First Schedule. Form No. 14. Cases in which adjudication of bankruptcy to be made. 46 & 47 Vict, c. 52, s. 20. First Schedule. Form No. 12. Nomination, appointment, etc., to trustee. 46 & 47 Vict, c. 52, s. 21. First Schedule. Form No. 18. Committee of inspection. 46 & 47 Vict, c. 52, s. 22. Power to accept composition or scheme after adjudication, etc. 46 & 47 Vict, c. 52, s. 23. Duties of debtor as to discovery and realization of property. 46 & 47 Vict, c. 52, s. 24. Arrest of debtor and seizure of his property. 46 & 47 Vict, c. 52, s. 25. First Schedule. Form No. 23. First Schedule. Form No. 24. Re-direction of debtor's letters, etc. 46 & 47 Vict, c. 52, s. 26. First Schedule. Form No. 27. Discovery of debtor's property. 46 & 47 Vict, c. 52, s. 27. First Schedule. Form No. 26. Proceedings for and on discharge of bankrupt. 53 & 54 Vict, c. 71, s. 8. First Schedule. Form No. 13. [s. 27 contd.] Effect of order of discharge. 46 & 47 Vict, c. 52, s. 30. Annulling of adjudication in certain cases. 46 & 47 Vict, c. 52, s. 35. Mode of proving debt. First Schedule. Form No. 15. [s. 30 contd.] Description of debts provable. 46 & 47 Vict, c. 52, s. 37. Mutual credit and set-off. 46 & 47 Vict, c. 52, s. 38. Payment of preliminary expenses. Priority of payment of debts. 46 & 47 Vict, c. 52, s. 40. Distress for rent. 46 & 47 Vict, c. 52, s. 42. Ordinance No. 1 of 1883. Relation back of trustee's title. 46 & 47 Vict, c. 52, s. 43. Description of property divisible among creditors. 46 & 47 Vict, c. 52, s. 44. [cf. No. 7 of 1886, s. 2.] Restriction of rights of execution creditor. 46 & 47 Vict, c. 52, s. 45. Duty of bailiff. 46 & 47 Vict, c. 52, s. 46. Avoidance of voluntary settlements. 46 & 47 Vict, c. 52, s. 47. Avoidance of preferences in certain cases. 46 & 47 Vict, c. 52, s. 48. Protection of bona fide transactions without notice. 46 & 47 Vict, c. 52, s. 49. Possession of property by trustee. 46 & 47 Vict, c. 52, s. 50. Seizure of property of bankrupt. 46 & 47 Vict, c. 52, s. 51. First Schedule. Form No. 25. Sale of property out of the Colony. Appropriation of portion of pay or salary of officers. 46 & 47 Vict, c. 52, s. 53. Disclaimer of onerous property. 46 & 47 Vict, c. 52, s. 51. 46 & 47 Vict, c. 52, s. 55. [s. 48 contd.] Powers of trustee to deal with property. 46 & 47 Vict, c. 52, s. 56. Powers exercisable by trustee with permission of committee of inspection. 46 & 47 Vict, c. 52, s. 57. Declaration and distribution of dividends. 46 & 47 Vict, c. 52, s. 58. First Schedule. Forms Nos. 19 and 20. First Schedule. Form No. 21. Joint and separate dividends. 46 & 47 Vict, c. 52, s. 59. Provision for creditors residing at a distance, etc. 46 & 47 Vict, c. 52, s. 60. Right of creditor proving after dividend. 46 & 47 Vict, c. 52, s. 61. Final dividend. 46 & 47 Vict, c. 52, s. 62. First Schedule. Form No. 21. Barring of action for dividend. 46 & 47 Vict, c. 52, s. 63. Employment of and allowance to bankrupt. 46 & 47 Vict, c. 52, s. 64. Right of bankrupt to surplus. 46 & 47 Vict, c. 52, s. 65. Costs and remuneration. 46 & 47 Vict, c. 52, ss. 72, 73. Payment of moneys into bank. 46 & 47 Vict, c. 52, ss. 74, 75. Record and account to be kept by trustee. 46 & 47 Vict, c. 52, s. 80, Audit of trustee's accounts and order therein. 46 & 47 Vict, c. 52, ss. 78. First Schedule. Form No. 22. Fees and remuneration of Official Receiver and trustee. 46 & 47 Vict, c. 52, s. 128. Second Schedule. Costs where joint estate insufficient. Conditions of trustee's release. 46 & 47 Vict, c. 52, s. 82. Official name and general powers of trustee. 46 & 47 Vict, c. 52, s. 83. Removal of trustee. 46 & 47 Vict, c. 52, s. 86. Directions to trustee. 46 & 47 Vict, c. 52, s. 80. Appeal to the court against trustee. 46 & 47 Vict, c. 52, s. 90. Disobedience to order of the court. Jurisdiction to be exercised by the court, etc. 46 & 47 Vict, c. 52, s. 92. Consolidation of petitions. 46 & 47 Vict, c. 52, s. 106. Continuance on death of debtor. 46 & 47 Vict, c. 52, s. 108. Power to stay proceedings. 46 & 47 Vict, c. 52, s. 109. Case of two or more respondents. 46 & 47 Vict, c. 52, s. 111. Action by trustee and partner of bankrupt. 46 & 47 Vict, c. 52, s. 113. Action on joint contract. 46 & 47 Vict, c. 52, s. 114. Proceedings in partnership name. 46 & 47 Vict, c. 52, ss. 123. Making of rules and forms. 46 & 47 Vict, c. 52, s. 127. Disposal of unclaimed funds and dividends. Administration in bankruptcy of estate of person dying insolvent. 46 & 47 Vict, c. 52, s. 125. First Schedule. Forms Nos. 7 and 9. Punishment of fraudulent debtors. 32 & 33 Vict, c. 62, s. 11. [s. 52 contd.] [s. 82 contd.] [s. 82 contd.] 46 & 47 Vict, c. 52, s. 12. 46 & 47 Vict, c. 52, s. 13. Punishment of creditor making false claim, etc. 32 & 33 Vict, c. 62, s. 14. Prosecution of offences. Forms. First Schedule. Fees. Second Schedule. Disposal of fees, etc., of Official Receiver.

https://oelawhk.lib.hku.hk/items/show/1147

LONDON MISSIONARY SOCIETY INCORPORATION ORDINANCE, 1891

No. 6 of 1891.
An Ordinance for the incorporation of the Senior Mission-
ary 197, this Colony of the London Missionary Society .

[31st October, 1891.]

1. This Ordinance may be cited as the London Missionary
Society Incorporation Ordinance, 1891.

2. The holder of the appointment of Senior Missionary in
Hongkong of the London Missionary Society, having placed
in the hands of the Governor satisfactory proof of his
appointment, shall be a body corporate (hereinafter called
the said corporation) and shall have the name of The
Senior Missionary in Hongkong of the London Missionary
Society. and by that name shall have perpetual succession,
and shall and may sue and be sued in all courts, and shall
and may have and use a common seal, and the said seal
may break, change, alter, and make anew as to the said
corporation may seem fit; and the said corporation shall
have full power to acquires, accept leases of, purchase, take,
hold, and enjoy any lands, buildings, messuages, or tene-
ments of what nature or kind soever and wheresoever situate

As amended by Law Rev. Ord., 1923
As amended by Law Rev. Ord., 1923
See also No. 57 of 1911, s. 18.

in this Colony and also to invest moneys on mortgage of
any lands, buildings, messuages, or tenements in this Colony
or upon the mortgages or debentures, stocks, funds, shares,
or securities of any corporation or company carrying on
business or having an office in this Colony and also to
purchase and acquire all inanner of goods and chattels
whatsoever; and the said corporation is hereby further
empowered by deeds under its seal, to grant, sell, convey,
assign, snrrender and yield up, inortgage, demise, re-assign,
transfer, or otherwise dispose of any lands, buildings,
messuages, and tenements, mortgages, debentures, stockss,
and securities, goods and chattels, vested in the sald
corporation, ou such terms as to the said corporation may
seem fit: Provided that due notice of appointment as such
Senior Missionary in Hongkoug, and of the proof thereof
having been placed in the hands of the Governor, shall be
given in the Gazette.
[s. 3, rep. No. 1 of 1912.]

4. All deeds, documents, and other instruments requiring.
the seal of the said corporation shall be sealed with the seal
of the said corporation in the presence of the said Senior,
Missionary or his attorney duly authorised, and shall also
be signed by him or his attorney, and such signing shall
be and be taken as sufficient evidence of thb due sealing of
such deeds, documents, and other instruments.

5. Nothincy in this Ordinance shall afect or be deemed
to affect the rights of His Majesty.
[Originally No. 19 of 1891. Law Rev. Ord., 1923.] Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Saving of rights of the Crown.

[Originally No. 19 of 1891. Law Rev. Ord., 1923.] Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Saving of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1146

CHURCH OF THE IMMACULATE CONCEPTION ORDINANCE, 1891

No. 4 of 1891.

An Ordinance to license the church of the Immaculate
Conception for the Celebration of Marriages.

[Preamble, rep. No. 1 of 1912.]

1. This Ordinance may be cited as the Church of the
Immaculate Conception Ordinance, 1891.

2. The Church of the Immaculate Conception shall be
deemed to have been duly licensed for the celebration of
marriages from the date of its opening on the 6th day of
June, 1886.


No. 5 of 1891, repealed by No. 8 of 1921.

No. 6 of 1891.
An Ordinance for the incorporation of the Senior Mission-
ary 197, this Colony of the London Missionary Society .

[31st October, 1891.]

1. This Ordinance may be cited as the London Missionary
Society Incorporation Ordinance, 1891.

2. The holder of the appointment of Senior Missionary in
Hongkong of the London Missionary Society, having placed
in the hands of the Governor satisfactory proof of his
appointment, shall be a body corporate (hereinafter called
the said corporation) and shall have the name of The
Senior Missionary in Hongkong of the London Missionary
Society. and by that name shall have perpetual succession,
and shall and may sue and be sued in all courts, and shall
and may have and use a common seal, and the said seal
may break, change, alter, and make anew as to the said
corporation may seem fit; and the said corporation shall
have full power to acquires, accept leases of, purchase, take,
hold, and enjoy any lands, buildings, messuages, or tene-
ments of what nature or kind soever and wheresoever situate

As amended by Law Rev. Ord., 1923
As amended by Law Rev. Ord., 1923
See also No. 57 of 1911, s. 18.
Originally No. 13 of 1891. Law Rev. Ord., 1923. Short title. Church licensed for marriages. Originally No. 19 of 1891. Law Rev. Ord., 1923. Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society.

Originally No. 13 of 1891. Law Rev. Ord., 1923. Short title. Church licensed for marriages. Originally No. 19 of 1891. Law Rev. Ord., 1923. Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society.

https://oelawhk.lib.hku.hk/items/show/1145

FORTS PROTECTION ORDINANCE, 1891

No. 3 of 1891.

An Ordinance to make provision for the protection of the
forts in the Colony.
[24th June, 1891.]

1. This Ordinance may be cited as the Forts Protectin
Ordinance, 1891.

2. In this Ordinance, guard includes any soldier or
sentry belonging to His Majesty's regular troops who is
employed on military duty in any battery, field-work, or
forification.

3. Every person who enters any battery, field-work, or
fortification, unless he is the bearer of a written order for that
purpose duly granted to him by the officer in command of
His Majesty's regular forces in this Colony, or unless he is
an officer or warrant officer of the army, navy, or marine
forces in uniform or a non-commissioned officer of the army,
navy, or marine forces on duty, shall upon summary convic-
tion be liable to a fine not exceeding five hundred dollars,
or to imprisonment for any term not exceeding three months.

4. Any order granted to any contractor employed by the
Commanding Royal Engineer shall cover all Chinese labourers
specifically mentioned in such order actually employed on
work in any such battery, field-work, or fortification.

5. If any person, not being an officer or warrant officer of
the army, navy, or marine forces in uniform or a non-commis-
sioned officer of the army, navy, or marine forces on duty,
enters, or attempts to enter, or is found in any such battery,
field-work, or fortification, any guard may require such
person to show his order for the purpose, and if such person,
on being so required, does not produce and show his order
or if the said guard suspects that the order produced and
shown to him is not an order duly granted to such person or
not sufficient authority for such person to be in the said
battery, field-work, or fortification, he may arrest such
person forthwith and deliver him into the charge of an
officer of police.

As amended by Law Rev. Ord., 1923.
As amended by Law Rev. Ord., 1923.

Originally No. 10 of 1891. Law Rev. Ord., 1924. Short title. Interpretation. Prohibition of person not bearing order, or being officer of soldier, from entering battery, etc. Order granted to contractor to include workmen. Arrest of person entering battery, etc.

Originally No. 10 of 1891. Law Rev. Ord., 1924. Short title. Interpretation. Prohibition of person not bearing order, or being officer of soldier, from entering battery, etc. Order granted to contractor to include workmen. Arrest of person entering battery, etc.

https://oelawhk.lib.hku.hk/items/show/1144

GAMBLING ORDINANCE, 1891

No. 2 of 1891.

An Ordinance to consolidate and amend the laws relating
to gambling, common gaming houses, and lotterics.

1. This Ordinance May be cited as the Gambling Ord-
nance, 1891.

2. In this Ordinance,

(a) Common gaming house means and includes any
place opened, kept, or used-
(1) for playing therein at any game of chance or any mixed game
of chance and skill-

(i) in which a bank is kept by one or more of the players
exclusively of the other or others; or

(ii) in which the chances of the game are not alike favour-
able to all the players, including among the players the
banker or other person by whom the game is managed or
against whom the players stake, play, or bet; or

(iii) in which any commisson or percentage is charged in
connexion with the game, the stakes, or the winnings; or

(2) for the purpose of a lottery or lotteries.

(b) Gambling applies to and includes lotteries.

(c) Implements or appliances of gambling include all
articles which are used in or for the purpose of gambling or
a lottery.

As amended by Law Rev. Ord., 1923. Revenue Officers. may arrest without
warrant in respect of offences against the provisions of this Ordinance.
See No. 2 or 1917.
As amended by law, Rev. Ord., 1923.





(d) Keeper means and includes the occupier or person
having the use temporarily of any common gaining house, or
any person having or appearing to have the care or manage-
ment of such place, and also any person who acts in any
manner assisting in conducting the business of any such
place or keeping watch in or about the same.

(e) Any place In which lottery tickets are sold, procured
or distributed or any place ill which money or money's worth
in connexion with a lottery is paid or distributed, shall be
deemed to be kept for the purpose of a lottery.

(f) Lottery includes any game, method, or device
whereby money or money's worth is distributed or allotted
in any manner depending upon or to be determined by
chance or lot or the result of any race or contest, whether the
same is held, drawn, exercised, or managed within or with-
out the Colony.

(g) Place means and includes any house, room, office
agency, boat, vehicle, or vessel, or any erection movable or
otherwise, or any spot on land or water.

(h) Street shall be deemed to include and extend to
any road, lane, alley, passage, pier, park, recreation
ground, or other open space whatsoever.

3. A place which is used as an ordinary social club to
which the public at large have not access shall nevertheless
be deemed a common gaining house if kept or used either
for the playing of any of the games mentioned in paragraph
(1) of the definition of Common gaining house in Section
2, or for the purpose mentioned in paragraph (2) of that
definition.

4. In case of any complaint made under this Ordinance, it
shall not be necessary to prove that any person found playing
at any game Was Playing for any money, wager, or stake.

5. - (1) Every Person, being the owner of any place, who
knowingly the same to be opened, kept, or used by
another person as a common gaming house shall upon
summary conviction be liable, to a fine not exceeding one
thousand dollars: Provided that no prosecution under this
section shall be commeneed without the fiat of the Attorney
General.

*As amended by Law Am.,Ord., 1923.





(2) In this section, owner means and includes the holder
or any tenement direct from the Crown, whether under lease,
licence, or otherwise, or the immediate landlord of any tene-
ment, or the agent of any such holder or landlond who is
absent or under disability.

6. The keeper of a common gaining house shall upon
Sumimary convictioll be liable to a fine not exceeding one
dollars, and imprisonment: Provided that the
aggregate term of imprisonment imposed, whether for default
in payment of the penalty or otherwise, shall in no case
exceed the term of nine months.

7.-(1) Every person, who---
(a) plays in a common gaming house; or
(b) buys any lottery ticket,
shall upon summary conviction be liable to a fine not exceed-
ing twenty-five dolfars.
(2) Every person who sells or has in his possession with a
view to sale any lottery ticket shall upon summary con-
viction be liable to a fine not exceeding one thousand dollars.
(3) Every person found in a common gaming house or found
escaping therefrom on the occasion of its being entered
under this Ordinance shall, until the contrary is proved, be
presumed to be or to have been playing therein.
(4) Every person found in possession of any lottery ticket
shall, until the contrary is proved, be presumed to have the
said ticket in his possession with a view to sale.

8. Every person who furnishes or advances money for the
purpose of gaming in any common gaming house or for the
purpose of establishing or conducting a common gaming
house or a lottery shall upon summary conviction be liable
to a fine not exceeding one thousand dollars.

9. Exery person who----
(1) declares or exhibits, expressly or otherwise, the winner
or winning number, ticket lot, figure, design, symbol, or
other result of any lottery; or
(2) writes, prints, or publishes, or cause to be written,
printed, or published, any lottery ticket or list to prizes, or
any announcemnet of the result of a lottery, or any announce-
ment relating to a lottery; or

As amended by Law Am. Ord., 1923.





(3) announces or publishes, or causes to be announced
published, either orally or by means of any print, writing,
design, sign, or otherwise, that any place is opened, kept, or
used as a common gaming house,

shall upon summary conviction be liable to a fine not exceed-
ing one hundred dollars, or to imprisonment, without hard
labour, for any term not exceeding three months.

10. It shall be lawful for any justice of the peace or officer
of police duly authorised by syaily justice of the
peace (which shall be in the form in the Schedule) with such
assistants as may he necessary, to enter and, if necessary, to
break into any place which such justice of the peace, from
sworn information or of his own knowledge, has reasonable.
grounds to suspect and believe to be a common gaming
house, and to arrest such persons as be found therein,
and to seize all cards, dice, balls, counters, tables, lottery
tickets., or otherof implements of gambling or which may be
used as such, and also all moneys or securities for money
which may be either in actual use for the purpose of gain
bling or be found upon the persons of the keepers of such
place, and the said implements of gambling and moneys or
securities for money, on conviction of the offender, shall be
forfeited.

11. Where any cards, dice, balls, counters, tables, lottery
tickets, books or other implements of gambling are found in
any place suspected of being a common gaming house and
entered under a warrant issued under this Ordinance, or
about the person of any of those who may be found therein,
it shall be evidence (until the contrary is made to appear)
that such place is used as a common gaming house, and that
the persons found in the place where such implements of
gambling have been found were playing therein, although
no play was actually going on in the presence of the con-
stable or officer entering the same under a warrant issued
under this Ordinance, or in the presence of any assistants
by whom he may be accompanied as aforesaid; and it shall
be lawful for the magistrate before whom any person may
be taken by virtue of the warrant to direct all such imple-
ments of gambling to be forfeited or destroyed.

* As amended by Law Am, Ord., 1923.






12. Every person who

(1) wilfully prevents any justice of the peace or officer
authorised by warrant under this Ordinance to enter any
place from entering the same or any part thereof; or

(2) obstructs or delays any such justice of the peace or
officer in so entering; or

(3) by any bolt, bar, chain, or other contrivance, secures
any external or internal door of or means of access to any
place so authorised to be entered; or

(4) uses any means or contrivance whatsoever for the
purpose of preventing, obstructing, or delaying the entry of
any constable or officer authorised as aforesaid into any such
place or any part thereof,

shall upon summary conviction be liable to a fine not exceed-
ing five hundred dollars, or to imprisonment for any term
not exceeding six months.

13. Where any officer of police authorised under section
10 to enter any place is wilfully prevented from or obstructed
or delayed in entering the same or any part thereof, or
where any external or internal door of or means of access to any
such place so authorised to be entered is found to be fitted or
provided with any bolt, bar, chain, or any means or contriv-
ance for the purpose of preventing, delaying, or obstructing
or provided with any means or contrivance for gaming, or
with any means or contrivance for concealing, removing, or
destroying any implements of gambling, it shall be evidence
(until the contrary is made to appear) that such place is a
common gaming house within the meaning of this Ordinance,
and that the persons found therein were unlawfully gaming
therein.

14.-(1) It shall be lawful for any magistrate before whom
any persons are brought who have been found in any place
entered in pursuance of section 10 to require any of such
persons to be examined upon oath and give evidence touch-
ing any gaming in any such place or touching any act done
for the purpose of preventing, obstructing, or delaying the
entry into such place or any part thereof of any contable or






officer authorised as aforesaid; and no person so required to
be examined as a witness shall be exensed from being so
examined when brought before such magistrate, or from
being examined at any subsequent time by or before the
same or any other magistrate or any court on any proceeding,
or the trial of any indictment, information, action or suit in
anywise relating to such unlawful gaming or any such acts
as aforesaid, or from answering any question put to him,
touching the matters aforesaid, on the ground that his
evidence will tend to criminate himself.

(2) Any such person so required to be examined as a
witness who refuses to make oath accordingly, or to answer
any such question as aforesaid, shall be subject to be dealt
with in all respects as any person appearing as a witness
before any magistrate or court in obedience to a summons or
subpoena, and refusing, without lawful cause or excuse, to
be sworn or to give evidence, may be dealt with according
to law.

15.-(1) Every person so requied to be examined as a
witness as aforesaid who, on such seamination, make true
and faithful discovery to the best of his knowledge of all
things as to which he is so examined shall, if the magistrate
or judge by whom he is so examined is satisfied that such true
and faithful discovery has been made, receive from such
magistrate or judge a certificate in writing under his hand
to that effect, and shall be freed from all criminal prosecu-
tions and penal actions, and from all penalties, forfeitures,
and punishments to which he may have become liable for
anything done before that time in respect of the matters
touching which he has been so examined.

(2) If any action, indictment, or information is at any time
pending in any court against any person so examined in
respect of any act of gambling touching which he was so
examined, and if any action, indictment, or information is at
any time pending in any court against any person so examined
as a witness in manner before mentioned, for any such matter
or thing, such court shall, on the production and proof of
such certificate, stay the proceedings in such action, indict-
ment, or information, and may award to such person such
costs as he may have been put to by such action, indictment,
or information.





16. Every person found gambling in the street or acting as
watchman to street gamblers shall upon summary conviction
be liable to a fine not exceeding twenty-five dollars, or to
imprisonment for any term not exceeding two months.

17. Where any persons are found gambling in the street
all implements of gambling, and also all money in actual use
for the purpose of gambling or found in the possession of
such persons, may be forfeited by the magistrate.

[s. 18, rep. No. 9 of 1912.]

19. Every male person convicted of an offence under this
Ordinance who may appear to be such tender years as to
require punishment rather in the way of school discipline
than of ordinary criminal justice may, in lieu of any other
punishment hereby provided, be sentenced to be whipped.

SCHEDULE.
FORM OF WARRANT.

HONG KONG
To each and all of the constables of the said Colondy.

WHEREAS it appears to me A.B., one of the justices of the peace
for the said Colony of my own knowledge, [or by the information upon
oath of C.D., of ,] that the place [here insert description of the
place] is kept or used as a common gaming house within the meaning
of the Gambling Ordinance, 1891: This is, therefore, to require you,
with such assistance as may be necessary, to enter and, if necessary, to
break into the said place, and to arrest all such persons as may be
found therein, and to seize all cards, dice, balls, counters, tables, lottery
tickets, and other implements of gambling or which may be used as
such, and also all moneys or securities for money which may be either
in actual use for the purpose of gambling or be found upon the persons
of the keepers of such place, and the said implements of gambling and
moneys or sercurities for money to bring before a magistrate, to be
dealt with according to the Ordinance; and for so doing this shall be
your warrant.

Given under my hand and seal at Victoria, in the said Colony this
day of , 19.

[L.S.] (Signed) A.B., J.P.


As amended by Law Am. Ord., 1923.

[Originally No. 7 of 189]. Law Rev. Ord., 1924. Short title. Interpretation. Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict, c. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict, c. 38, s. 4. Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict, c. 109, s. 8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict, c. 38, s. 1. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict, c. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict, c. 38, s. 5. [cf. No. 3 of 1873, s. 30, and No. 3 of 1890 ss. 17(4) and 69(2).] Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict, c. 38, s. 6. Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

[Originally No. 7 of 189]. Law Rev. Ord., 1924. Short title. Interpretation. Club used as gaming house. Proof of gaming for money not necessary. 8 & 9 Vict, c. 109, s. 5. Penalty on owner of place permitting same to be used as common gaming house. 17 & 18 Vict, c. 38, s. 4. Keeping common gaming house. Playing in common gaming house, or dealing in lottery tickets. Advancing money for purpose of gaming. Declaring winner of lottery, etc. Power to enter or authorise entry of common gaming house and to seize implements and persons. Schedule. Evidence of gaming. 8 & 9 Vict, c. 109, s. 8. Penalty on person obstructing entry of justice, etc. 17 & 18 Vict, c. 38, s. 1. Obstructing entry of constable, etc., to be evidence of house being used as common gaming house. 17 & 18 Vict, c. 38, s. 2. Power to magistrate to require person apprehended to be sworn and give evidence. 17 & 18 Vict, c. 38, s. 5. [cf. No. 3 of 1873, s. 30, and No. 3 of 1890 ss. 17(4) and 69(2).] Person required to be examined as witness and making full discovery to be free from all penalties. 17 & 18 Vict, c. 38, s. 6. Street gambling. Forfeiture of implements of gambling and money. Boy convicted of offence may be whipped. [cf. No. 3 of 1903.]

https://oelawhk.lib.hku.hk/items/show/1143

SUNDAY CARGO WORKING ORDINANCE, 1891

THE
ORDINANCES OF HONGKONG.

No. 1 of 1891
An Ordinance to restrict the loading and unloading of cargo on Sunday.

1. This Ordinance may be cited as the Sunday Cargo
Working Ordinance, 1891.

2. -In this Ordinance,

(a) Cargo does not include mails, personal luggage, live
stock, ice, or artieles of food of a perishable nature required
for immediate consumption.

(b) The Harbour Master includes any person authorised
or deputed by him to perform any duty vested in or imposed upon him
by this Ordinance.

(c) Vessel includes all steamships and also all sailing
ships of European construction or design, except ships of war
belonging to His Majesty or to any foreign Government.

3. No cargo shall he received oi board, loaded, worked,
or discharged from any vessel within the waters of this
Colony on Sunday, without a permit (hereinafter called a
Sunday permit), in the form in the First Schedule, from the
Harbour Master.

As amend by Law Rev. Ord., 1923.





4. An application for a Sunday permit may be made at
the Harbour Master's office on any week day, and, if not
made till the Saturday preceding the Sunday for which the
permit is required, the application must, be made not later
than 5 p.m., unless some other hour is fixed by regulations.

5. Unless such fees are altered by regulations, there shall
be payable For Sunday permits the fees mentioned in the
Second Schedule.

6. It shall be lawful for the Governor in Council to make
regulations as to the fees to be taken for Sunday permits,
the hours within which applications for such permits may
be made, and the conditions on which such permits are
granted, and the hours for working under them.

7. Where any cargo is received on board any vessel or
loaded, worked, or discharged contrary to the provisions of
section 3, the master of such vessel, and, if he leaves the
Colony before conviction, then the agent and the consignee
of such vessel, shall upon summary conviction be severally
liable to a fine not exceeding one thousand dollars, or, in
default, of payment, to imprisonment for any term not
exceeding one month.

8. The person in charge of every steam-launch, sampan,
junk, or other boat assisting, by the carriage of cargo or
otherwise, in any contravention of section 3 shall upon
summary conviction be liable to a line not exceediIng fifty
dollars, or, in default of payment, to imprisonment for any
term not exceeding fourteen days.

FIRST SHCEDULE

FORM OF PERMIT.

The Sunday Cargo Working Ordinance, 1891.

The sum of $ having been duly paid, permission is hereby
granted to* the master, the agent, and
the consignee, to receive on board, load, work, and cargo on
and from the + vessel named within the waters of
this Colony on Sunday, the day of ., 19
between the hours of and
Dated the day of , 19

(Signed.) A. B,
Harbour Master.

N.B. Cargo working on Sunday without a permit is punishable by fine, or imprison-
ment in default of payment, under the Sunday Cargo Working Ordinance, 1891.






SECOND SCHEDULE. [s. 5.]

SCALE OF FEES FOR SUNDAY PERMITS.

REGISTERED TONNAGE-

400 or under ... ... ... ... ... ... $ 7.5
Over....................400 but not exceeding 700 ... ... 100
700 .............1,000 ..........125
1,000 ....................1,500 ......... 150
1,500 ...................... 2,000..................175
2,000 ........................ 200


No. 2 of 1891.

An Ordinance to consolidate and amend the laws relating
to gambling, common gaming houses, and lotterics.

1. This Ordinance May be cited as the Gambling Ord-
nance, 1891.

2. In this Ordinance,

(a) Common gaming house means and includes any
place opened, kept, or used-
(1) for playing therein at any game of chance or any mixed game
of chance and skill-

(i) in which a bank is kept by one or more of the players
exclusively of the other or others; or

(ii) in which the chances of the game are not alike favour-
able to all the players, including among the players the
banker or other person by whom the game is managed or
against whom the players stake, play, or bet; or

(iii) in which any commisson or percentage is charged in
connexion with the game, the stakes, or the winnings; or

(2) for the purpose of a lottery or lotteries.

(b) Gambling applies to and includes lotteries.

(c) Implements or appliances of gambling include all
articles which are used in or for the purpose of gambling or
a lottery.

As amended by Law Rev. Ord., 1923. Revenue Officers. may arrest without
warrant in respect of offences against the provisions of this Ordinance.
See No. 2 or 1917.
As amended by law, Rev. Ord., 1923.
Originally No. 6 of 1891. Law Rev. Ord., 1924. Short title. Interpretation. Permit for working cargo on Sunday. First Schedule. Application for permit. Fees. Second Schedule. Regulations. Penalty for infringement of section 3. Penalty for assisting in such infringement. Insert names. Insert steam or sailing

Originally No. 6 of 1891. Law Rev. Ord., 1924. Short title. Interpretation. Permit for working cargo on Sunday. First Schedule. Application for permit. Fees. Second Schedule. Regulations. Penalty for infringement of section 3. Penalty for assisting in such infringement. Insert names. Insert steam or sailing

https://oelawhk.lib.hku.hk/items/show/1142

SQUATTERS ORDINANCE, 1890

No. 5 of 1890.

An Ordinance to make provision with respect to squatting
on Crown lands.

WHEREAS at the date of the establishment of this Colony certain per-
sons were in the occupation of land therin, and they and their
descendants and representatives have continued to hold the same
without any grant of any lease or interest from the Crown; AND
WHEREAS certain other person have, since the establishment of
the Colony, taken possession of land therein, and they and their
descendants and representative have occupied the same without
any grant of any lease or interest from the Crown; AND WHEREAS
certain other person have been and are in occupation of land with-
in the Colony under licence from the Crown (known as Squatters
Licences) but without any other grant of any lease or interest from
the Crown; AND WHEREAS it is desirable that the irregular occupa-
tion of Crown land should be discontinued, but that such of the
above-mentioned occupiers (hereinafter referred to as squatters)
as may be deemed to have an equitable claim thereto shall receive
leases from the Crown of their several holdings, on the terms and
subject to the conditions hereinafter mentioned:-

As amended by Law Rev. Ord., 1923.

1. This Oridinance may be cited as the Squatter Ordinance, 1890.

2. Claims by squatters to leases from the Crown shall,
subject to the provisions of this Ordinance, be heard and
determined by a Board, (hereinafter referred to as the Board)
which shall consist of one of the judges, the Director of
Public Works and the Secretary for Chinese Affairs and one
other person to be from time to time appointed by the
Governor.

3.-(1) The judge shall be the chairman of the Board, and
three members thereof shall form a quorum.

(2) In the case of an equal division of opinion the chairman
shall have a casting vote.

(3) There shall be a secretary to the Board, to be appointed
by the Governor, whose duty it shall be to keep a record of
all proceedings and decisions of the Board, to receive all
claims and communications to the Board, and to issue all
orders and directions of the Board.

4. The Board shall have the following powers:-

(1) to determine within what time claims to leases in any
specified village or district shall be presented to the Board,
and in what form and manner such claims are to be presented;

(2) to cause to be notified in any village or district in
which land is occupied by squatters, and in such manner as
the Board may direct, notice of the time within which
claims to such land must be made, and the form and manner
of making such claims; and

(3) to fix the dates and times and places for the hearing of
such claims to leases, and to cause notice of such dates and
times and places to be notified to claimants in such manner
as the Board may direct.

5. If in any case it appears to the Director of Public Works
before the hearing, that a lease can be granted to any
claimant without further investigation, he shall report the
same to the board accordingly, and in such case it shall not
be necessary for the claimant or his witnesses to appear
before the Board, unless the Boad so orders.

6.-(1) For the purpose of the hearing of any claim to a
lease, the Board shall have powers similar to those vested in
the Supreme Court on the occasion of any action in respect
of the following matters; namely,

As amended by law Rev. Ord., 1923.
(a) enforcing the attendance of witnesses and examining
them upon oath or otherwise;

(b) compelling the production of documents;

(c) punishing persons guilty of contempt of the Board or
of any order of the Board;

(d) ordering inspection of property; and

(e) making and enforcing any order which may be neces-
sary to the proper hearing and determination of any question
before the Board.

(2) The Board may exercise all or any of such powers for
the purposes of any claim before the Board to the same
extent as the Supreme Court might exercise them or any of
them for the purposes of any action.

7. Any member of the Board shall, for the purposes of any
inquiry made by the Board, have power to enter and view
any premises or property, and the Board shall have power to
authorise any person nominated by the Board to enter and
view any premises or property for the like purpose.

8. If in any claim to a lease it appears to the Board that any
witness has committed wilful and corrupt perjury, the
Board may, for the purpose of punishing such perjury,
exercise powers similar to and to the same extent as those
conferred on the Supreme Court by section 31 of the Supreme
Court Ordinance, 1873, for the punishment of perjury in any
cause, action, or suit.

9. Any summons, order, warrant, or direction of the Board
shall be deemed to be duly made with the authority of the
Board if it is signed by the chairman of the Board and issued
by the secretary, and any such summons, order, or warrant
so signed and issued in connexion with and for the purposes
of any claim to a lease shall be equivalent to any form of
summons, order, or warrant issued in any action in the
Supreme Court for enforcing the attendance of witnesses,
or compelling the production of documents, or otherwise for
the purposes of any action.

10. The Board may allow or disallow any claim to a lease
or allow the same as to part of the claim or subject to such
conditions as it may think fit.

11. The Director of Public Works shall, before the hearing
of teh claims relating to land in any village or district, fix
the several rents to be charged in any leases which may be

granted, and the amount of the rent so fixed shall be
communicated in the notice for claims referred to in section
4(2); but the Governor may, on the recommendation of the
Board or of his own motion, grant the lease in any particular
case with a rent lower than that previously fixed by the
Director of Public Works.

12.-(1) In any case where the Board allows the claim a
lease shall be granted unless the Governor in his discretion
declines to grant a lease, in which case the claim shall be
referred to the Director of Public Works who may negotiate
with the claimant in respect of the grant of a lease of other
lands in lieu of the holding in relation to which the claim is
made.

(2) in the event of a failure to effect such negotiation the
Board shall decide what compensation shall be paid to the
claimant in respect of such holding and of any building or
fixture, the removal of which is in the opinion of the Director
of Public Works necessary or desirable in the public interest,
and in such case the amount awarded by the Board shall be
paid by the Government to such person as the Board may
direct.

Provided always that is estimating any claim for com-
pensation the Board shall take into consideration the condition
of a building as regards the security of tis structure and its
sanitary condition.

13. After the commencement of this Ordinance, occupation
by any person as a squatter, or without licence, or without
any grant of any estate or interest from the Crown, of land a
lease for which has been disallowed by the Board, or in
respect of which compensation as above mentioned has been
paid, or for which no lease has been claimed under this
Ordinance shall be deemed to be a trespass; and the person
so occupying without having a grant as aforesaid may be
dealt with as a trepasser accordingly.

14. No appeal shall lie from any decision of the Board,
nor shall its proceedings be liable to revision by or removal
to the Supreme Court by writ of certiorari or other legal
process.

15. Leases to be granted to squatters under this Ordinance
shall be in such form as may be submitted by the Board and
approved by the Governor in Council. False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28,s.20. [Originall7 No. 27 of 1890. Law Rev. Ord. 1924.] Short title. Board for determinatiion of claims by squatters to lease. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. Ordinance No.3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lease where claim allowed unless Governor declines. Squatter without lease etc, to be deemed trespasser. No appeal from decision of Board. Form of lease.

False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28,s.20. [Originall7 No. 27 of 1890. Law Rev. Ord. 1924.] Short title. Board for determinatiion of claims by squatters to lease. Chairman and quorum of Board. Powers of Board. Report in favour of claim by Director of Public Works before hearing. Further powers of Board for hearing of claims. Powers of entry and view. Power of Board with respect to witness committing perjury. Ordinance No.3 of 1873. Issue of process. Power to allow or disallow claim. Fixing rent before hearing of claim. Granting of lease where claim allowed unless Governor declines. Squatter without lease etc, to be deemed trespasser. No appeal from decision of Board. Form of lease.

https://oelawhk.lib.hku.hk/items/show/1141

MERCHANDISE MARKS ORDINANCE, 1890

No. 4 of 1890.

An Ordinance to amend the law relating to fraudulent
marks on merchandise.
[1st January, 1891.]

1. This Ordinance may be cited as the Merchandise Marks
Ordinance, 1890.

2.-(1) For the purposes of this Ordinance,

(a) False trade description means a trade description
which is false in a material respect as regards the goods to
which it is applied, and includes every alteration of a trade
description, whether by way of addition, effacement, or other-
wise, where that alteration makes the description false in a
material respect; and the fact that a trade description is a
trade mark, or part of a trade mark, shall not prevent such
trade description being a false trade description within the
meaning of this Ordinance.

(b) Goods means anything which is the subject of trade,
manufacture, or merchandise.

(c) Name includes any abbreviation of a name.

(d) Person, manufacturer, dealer, or trader,
and proprietor, include any body of persons, corporate or
unincorporate.

(e) Trade description means any description, statement,
or other indication, direct or indirect,-

(i) as to the number, quantity, measure, gauge or weight
of any goods; or

(ii) as to the place or country in which any goods were
made or produced; or

(iii) as to the mode of manufacturing or producing any
goods; or

(iv) as to the material of which any goods are composed;
or

(v) as to any goods being the subject of an existing patent,
privilege, or copyright;

* As amended by Law Rev. Ord., 1923.
and the use of any figure, word, or mark which, according to
the custom of the trade, is commoly taken to be an indica-
tion of any of the above matters, shall be deemed to be a
trade description within the meaning of this Ordinance.

(f) Trade mark means a trade mark registered in the
Register of Trade Marks kept under any Ordinance, or kept
under or preserved by the Trade Marks Act, 1905, and includes
any trade mark which, either with or without registration,
is protected by law in any British possession or foreign state
to which the provisions of section 91 and the proviso to
section 98 (1) of the Patents and Designs Act, 1907, are
under Order in Council, for the time being applicable.

(2) The provisions of this Ordinance respecting the ap-
plication of a false trade description to goods shall extend to
the application to goods of any such figures, words, or
marks, or arrangement or combination thereof, whether
including a trade mark or not, as are reasonably calculated
to lead persons to believe that the goods are the manufacture
or merchandise of some person other than the person whose
manufacture or merchandise they really are.

(3) The provision of this Ordinance respecting the appliica-
tion of a false trade description to goods, or respecting goods
to which a false trade description in applied, shall extend to
the application to goods of any false name or initial of a
person, and to goods with the false name or initials of a
person applied, in like manner as if such name or initials
were a trade description, and for the purposes of this enact-
ment false name or initials means, as applied to any
goods, any name or initials of a person which-

(a) are not a trade mark or part of a trade mark; and

(b) are indential with or a colourable imitation of the
name or initials of a person carrying on business in con-
nexion with goods of the same description, and not having
authorised the use of such name or initials; and

(c) are either of a fictitious person or of some person not
bona fade carrying on business in connexion with such good.

3.-(1) Every person who-

(a) forges any trade mark; or

(b) falsely applies to goods any trade mark or any mark
so nearly resembling a trade mark as to be calculated to
decesive;or
(c) makes any die, block, machine, or other instrument for
the purpose of forging, or of being use for forging, a trade
mark; or

(d) applies any false trade description to goods; or

(e) disposes of or has in his possession any die, block,
machine, or other instrument for the purpose of forgoing a
trade mark; or

(f) causes any of the things above in this section mention-
ed to be done,

shall, subject to the provisions of this Ordinance and unless
he proves that he acted without intent to defraud, be guilty
of an offence.

(2) Every person who sells, or exposes for, or has in his
possession for, sale or any purpose of trade or manufacture,
any goods or things to which any forged trade mark or false
trade description is applied, or to which any trade mark or
mark so nearly resembling a trade mark as to be calculated
to deceive is falsely applied, as the case may be, shall, unless
he proves-

(a) that, having taken all reasonable precautions against
committing an offence against this Ordinance, he had, at the
time of the commission of the alleged offence, no reason to
suspect the genuineness of the trade mark, mark, or trade
description; and

(b) that, on demand made by or on behalf of the prosecutor,
he gave all the information in his power with respect to the
persons from whom he obtained such goods or things; or

(c) that otherwise he had acted innocently,
be guilty of an offence.

(3) Every person who is guilty of an offence against this
Ordinance shall be liable,-

(a) on conviction before the Supreme Court, to imprison-
ment for any term not exceeding two years, and to a fine not
exceeding two thousand dollars; and.

(b) on summary convictio; to imprisonment for any term
not exceeding four month, or to a fine not exceeding one
hundred dollars, and, in the case of a second or subsequent
conviction, to imprisonment for any term not exceeding six
months, or to a fine not exceeding two hundred and fifty
dollars; and,
(c) in any case, to forfeit every chattel, article, instrument,
or thing by means of or in relation to which the offence has
been committed.

(4) The court or magistrate before which or whom any
person is convicted under this section may order any forfeited
articles to be destroyed or otherwise disposed of as the court
or magistrate thinks fit.

(5) A person charged with an offence under this section
before a magistrate shall, on appearing before such magis-
trate and before the charge is gone into, be informed of
his right to be tried on indictment before the Supreme Court,
and, if he requires to be so tried, be committed for trial and
be so tried accordingly.

4. A person shall be deemed to forge a trade mark who
either-

(1) without the assent of the proprietor of the trade mark,
makes that trade mark or a mark so nearly resembling that
trade mark as to be calculated to deceive; or

(2) falsifies any genuine trade mark, whether by alteration,
addition, effacement, or otherise;
and any trade mark or mark so made or falsified in in this
Ordinance referred to as a forged trade mark; Provided that,
in any prosecution for forging a trade mark, the burden of
proving the assent of the proprietor shall lie on the defandant.

5.-(1) A person shall be deemed to apply a trade mark
or mark or trade description to goods who-

(a) applies it to the goods themselves; or

(b) applies it to any covering, label, reel, or other thing in
or with which the goods are sold or exposed or had in
possession for any purpose of sale, trade, or manufacture; or

(c) places, encloses, or annexes any goods which are sold
or exposed or had in possession for any purpose of sale,
trade, or manufacture, in, with, or to any covering, label,
reel, or other thing to which a trade mark to trade description
has been applied; or

(d) uses a trade mark or mark or trade description in any
manner calculated to lead to the belief that the goods in
connexion with which it is used are designated or described
by that trade mark or mark or trade description.

As amended by Law Rev. Ord., 1923.

(2) Covering includes any stopper, cask, bottle, vessel,
box, cover, capsule, case, frame, or wrapper; and label
includes any band or ticket.

(3) A trade mark or mark or trade description shall be
deemed to be applied whether it is woven, impressed, or
otherwise worked into, or annexed, or affixed to the goods, or
to any covering, lable, reel, or other thing.

(4) A person shall be deemed to falsely apply to goods a
trade mark or mark who, without the assent of the proprietor
of a trade mark, applies such trade mark or a mark so nearly
resembling it as to be calculated to deceive, but in any
prosecution for, falsely applying a trade mark or mark to
goods the burden of proving the assent of the proprietor
shall lie on the defendant.

6. Where a defendant is charged with making any die,
block, machine, or other instrument for the purpose of
forging, or being used for forging, a trade mark, or with
falsely applying to goods any trade mark or any mark so
nearly resembling a trade mark as to be calculated to deceive,
or with applying to goods any false trade description, or
causing any of the things mentioned in this section to be
done, and proves-

(1) that, in the ordinary course of his business, he is
employed, on behalf of other person, to make dies, blocks,
machines, or other instruments for making, or being used in
making, trade marks, or, as the case may be, to apply marks
or descriptions to goods, and that in the case which is the
subject of the charge he was so employed by some person
resident in the Colony, and wa not interested in the goods
by way of profit or commission dependent on the sale of the
goods; and

(2) that the took reasonable precautions against commit-
ting the offence charged; and

(3) that he had, at the time of the commission of the alleged
offence, no reason to suspect the genuineness of the trade
mark, mark, or trade description; and

(4) that he give to the prosecutor all the information in
his power with respect to the persons on whoses behalf the
trade mark, mark, or trade description was applied.
he shall be discharged from the prosecution, but shall be
liable to pay the costs incurred by the prosecutor, unless he
has given due notice to him that he will rely on the above
defence.

7.-(1) Where a watch case has thereon any words or
marks which constitute, or are by common repute considered
as constituting, a description of the country in which the
watch was made, and the watch bears no description of the
country where it was made, those words or marks shall
prima facie be deemed to be description of that country
within the meaning of this Ordinance, and the provisions of
this Ordinance with respect to goods to which a false trade
description has been applied, and with respect to selling, or
exposing for, or having in possession for, sale or any purpose
of trade or manufacture, goods with a false trade description
shall apply accordingly.

(2) For the purposes of this section, watch means all
that portion of a watch which is not the watch case.

8. In any information, indictment, pleading, proceeding,
or document, in which any trade mark or forged trade mark
is intended to be mentioned, it shall be sufficient, without
further description and without any copy or facsimile, to
state that trade mark or forged trade mark to be a trade
mark or forged trade mark.

9. In any prosecution for an offence against this Ordinance,

(1) a defendant and his wife or her husband, as the case
may be, may, if the defendant thinks fit, be called as a
witness, and, if called, shall be sworn and examined, and
may be crossed-examined and re-examined, in like manner as
any other witness; and,

(2) in the case of imported goods, evidence of the port of
shipment shall be prima facie evidence of the place or
country in which the goods were made or produced.

10. Every person who, being within the Colony, procures,
counsels, aids, abets, or is accessory to the commission, with-
out the Colony, of any act, which, if committed in the Colony,
would under this Ordinance be a misdemeanor, shall be

As amended by Law Rev. Ord., 1923.
guilty of that misdemeanor as a principal, and be liable to be
proceeded against, tried and covicted in the Colony as if
the misdemeanor had been there committed.

11.-(1) Where, on any information or complaint laid for
an offence against this Ordinance, a magistrate has issued
either a summons requiring the defendant charged by such
information or complaint to appear to answer to the same, or
has issued a warrant for the arrest of such defendant, and
either the said magistrate or any other magistrate, on or
after issuing the summons or warrant, is satisfied by informa-
tion upon oath that there is reasonable cause to suspect that
any goods or things by means of or in relation to which such
offence has been committed are in any houses or premises of
the defendant, or otherwise in his possession or under his
control in any place, such magistrate may issue a warrant,
by virtue of which is shall be lawful for any constable named
or referred to in the warrant to enter such house, premises,
or place at any reasonable time by day, and to search there-
for and seize and take away those goods or things; and
any goods or things seized under any such warrant shall be
brought before a magistrate for the purposes of its being
determined wheter the same are or are not liable to
forfeiture under this Ordinance.

(2) If the owner of any goods or things which, if the
owner thereof had been covicted, would be liable to
forfeiture under this Ordinance is unknown or cannot be
found, an information or complaint may be laid to made for
the purpose only of enforcing such forfeiture, and a magis-
trate may cause notice to be advertised stating that, unless
cause is shown to the contrary at the time and place named
in the notice, such goods or things will be forfeited; and at
such time and place the magistrate, unless the owner or any
person on his behalf, or other person interested in the goods
or things, shows cause to the contrary, may order such goods
or things or any of them to be forfeited.

(3) Any goods or things forfeited under this section, or
under any other provision of this Ordinance, may be destroy-
ed or otherwise disposed of in such manner as the court or
magistrate by which or whom the same are forfeited may
direct; and the court or magistrate may, out of any proceeds
which may be realized by the disposition of such goods or
things (all trade marks and trade descriptions being first

obliterated), award to any innocent party any loss which he
may have innocently sustained in dealing with such goods.

12. On any prosecution under this Ordinance, the court
or magistrate may order costs to be paid to the defendant by
the prosecutor or to the prosecutor by the defendant, having
regard to the information given by and the conduct of the
defendant and prosecutor respectively.

13. No prosecution for an offence against this Ordinance
shall be commenced after the expiration of three years next
after the commission of the offence, or one year next after
the first discovery thereof by the prosecutor, whichever
expiration first happens.

14. Whereas it is expedient to make further provision for
prohibiting the importation of goods which, if sold, would
be liable to forfeiture under this Ordinance:-

(1) all such goods, and also all goods of foreign manufac-
ture bearing any name or trade mark being or purporting to
be the name or trade mark of any manufacturer, dealer,
or trader in the United Kingdom, unless such name or
trade mark is accompanied by a definite indication of the
country in whic the goods were made or produced, are here-
by prohibited to be imported into the Colony, and if any
such goods are imported or brought into the Colony contrary
to the prohibition herein contained, such goods shall be
forfeited and may be destroyed or otherwise disposed of as
the Superintendent of Imports and Exports may direct;

(2) before detaining any such goods, or taking any further
proceedings with a view to the forfeiture thereof under this
Ordinance, the Superintendent of Imports and Exports may
require the regulations under this section, whether as to
information, security, conditions, or other matters, to be
complied with, and may satisfy himself in accordance with
those regulations that the goods are such as are prohibited
by this section to be imported;

(3) it shall be lawful for the Governor in Council to make
regulations, either general or special, respecting the detention
and forfeiture of goods the importation of which is prohibited
by this section, and the conditions, if any, to be fulfilled
before such detention and forfeiture, and may by such regula-
tions determine the information, notices, and security to be


given, and the evidence requisite for any of the purposes of
this section, and the mode of verification of such evidence;

(4) where there is on any goods a name which is identical
with r a colourable imitation of the name of a place in the
United Kingdom, that name, unless accompanied by the
name of the country in which such place is situate, shall
be treated for the purposes of this section as if it were the
name of a place in the United Kingdom;

(5) the regulations may apply to all goods the importation
of which is prohibited by this section, or different regulations
may be made respecting different classes of such goods or of
offences in relation to such goods;

(6) the regulations may provide for the informant re-
imbursing the Superintendent of Imports and Exports all
expenses and damages incurred in respect of any detention
made on his information, and any proceedings consequent on
such detention.

15. On the sale or in the contract for the sale of any goods
to which a trade mark or mark or trade description has been
applied, the vendor shall be deemed to warrant that the
mark is a genuine trade mark and not forged or falsely
applied, or that the trade description is not a false trade
description within the meaning of this Ordinance, unless the
contrary is expressed in some writing signed by or on behalf
of the vendor and delivered at the time of the sale or contract
to and accepted by the vendee.

16. Where, at the commencement of this Ordinance, a
trade description is lawfully and generally applied to goods
of a particular class, or manufactured by a particular method,
to indicated the particular class or method of manufacture of
such goods, the provisions of the Ordinance with respect to
false descriptions shall not apply to such trade description
when so applied: Provided that where such trade description
includes the name of a place or country, and is calculated to
mislead as to the place or country where the goods to which
it is applied were actually made or produced, and the goods
are not actually made or produced in that place or country,
this section shall not apply unless there is added to the trade
description, immediately before or after the name of that
place or country, in an equally conspicuous manner with that
name, the name of the place or country in which the goods
were actually made or produced, with a statement that they
were made or produced there.

17.-(1) This Ordinance shall not exempt any person
from any action or otehr proceeding which might, but for
the provisions of this Ordinance, be brought against him.

(2) Nothing in this Ordinance shall entitle any person to
refuse to make a complete discovery or to answer any question
or interrogatory in any action, but such discovery or answer
shall not be admissible in evidence against such person in
any prosecution for an offence against this Ordinance.

(3) Nothing in this Ordinance shall be contrued so as to
render liable to any prosecution or punishment any servant
of a master resident in the Colony who bona fide acts in
obedience to the instructions of such master, and who, on
demand made by or on behalf of the prosecutor, has given
full information as to his master.

18. Every person who falsely represents that any goods
are made by a person holding a Royal Warrant, or for the
service of His Majesty, or any of the Royal Family, or any
Government department, colonial or otherwise, shall upon
summary conviction be liable to a fine not exceeding one
hundred dollars.
[Originally No. 15 of 1890. Law Rev. Ord, 1924.] Short title. Interpretation 50 & 51 Vict. C. 28, s. 3. 5 Edw. 7, c. 15. 7 Edw. 7, c. 29. Offences as to trade marks and trade descriptions. 50 & 51 Vict. C. 28, s. 2. [s. 3 contd.] Forging trade mark. 50 & 51 Vict. C. 28, s. 4. Applying mark or description. 50 & 51 Vict. C. 28, s. 5. Exemption of certain persons employed in ordinary course of business. 50 & 51 Vict. C. 28, s. 6. Application of the Ordinance to watches. 50 & 51 Vict. C. 28, s. 7. Description of trade mark in pleading. 50 & 51 Vict. C. 28, s. 9. Rules as to evidence. 50 & 51 Vict. C. 28, s. 10. Punishment of accessory. 50 & 51 Vict. C. 28, s. 11. Issue of and proceedings on search warrant. 50 & 51 Vict. C. 28, s. 12. Costs of defence or prosecution. 50 & 51 Vict. C. 28, s. 14. Limitation of prosecution. 50 & 51 Vict. C. 28, s. 15. Prohibition of importation of goods liable to forfeiture. 50 & 51 Vict. C. 28, s.16. Implied warranty on sale of marked goods. 50 & 51 Vict. C. 28, s. 17. Provisions of the Ordinance as to false description not to apply in certain cases. 50 & 51 Vict. C. 28, s. 18. Savings. 50 & 51 Vict. C. 28, s. 19. False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28, s.20.

[Originally No. 15 of 1890. Law Rev. Ord, 1924.] Short title. Interpretation 50 & 51 Vict. C. 28, s. 3. 5 Edw. 7, c. 15. 7 Edw. 7, c. 29. Offences as to trade marks and trade descriptions. 50 & 51 Vict. C. 28, s. 2. [s. 3 contd.] Forging trade mark. 50 & 51 Vict. C. 28, s. 4. Applying mark or description. 50 & 51 Vict. C. 28, s. 5. Exemption of certain persons employed in ordinary course of business. 50 & 51 Vict. C. 28, s. 6. Application of the Ordinance to watches. 50 & 51 Vict. C. 28, s. 7. Description of trade mark in pleading. 50 & 51 Vict. C. 28, s. 9. Rules as to evidence. 50 & 51 Vict. C. 28, s. 10. Punishment of accessory. 50 & 51 Vict. C. 28, s. 11. Issue of and proceedings on search warrant. 50 & 51 Vict. C. 28, s. 12. Costs of defence or prosecution. 50 & 51 Vict. C. 28, s. 14. Limitation of prosecution. 50 & 51 Vict. C. 28, s. 15. Prohibition of importation of goods liable to forfeiture. 50 & 51 Vict. C. 28, s.16. Implied warranty on sale of marked goods. 50 & 51 Vict. C. 28, s. 17. Provisions of the Ordinance as to false description not to apply in certain cases. 50 & 51 Vict. C. 28, s. 18. Savings. 50 & 51 Vict. C. 28, s. 19. False representation as to Royal Warrant, etc. 50 & 51 Vict. C.28, s.20.

https://oelawhk.lib.hku.hk/items/show/1140

MAGISTRATES ORDINANCE, 1890

No. 3 of 1890.

An Ordinance to consolidate and amend the laws relating
to the jurisdiction of magistrates and the procedure
and practice before magistrates in relation to offences
punishable on summary conviction and to indicatble
offences and for other purposes.

[1st January, 1891.]

Preliminary.

1. This Ordinance may be cited as the Magistrates Ordi-
nance, 1890.

2. In this Ordinance,

(a) Appellant means the party appealing under Part
VI from a decision of a magistrate.

(b) Civil debt means any sum of money claimed to be
due which is recoverable before a magistrate on complaint
and not on information.

As amended by Rev. Ord., 1923.
As amended by Am. Ord., 1923.
(c) Counsel means any barrister, advocate, or solicitor
having the right of audience before any court in the Colony.

(d) The court meamns the Supreme Court.

(e) Fine includes any pecumiary penalty, or pecuniary
forfeiture, or pecuniary compensation payable under a
conviction or order.

(f) Indictable offence means any crime or offence for
which a magistrate is authorised or empowered to commit
the accused person to prison for trial before the court.

(g) Indictment includes an information in the court.

(h) Magistrate includes two magistrates where two
magistrates sit together.

(i) The magistrates' clerk includes (where there is
more than one) either or any of such clerk or such other
person as a magistrate directs to do anything required by
this Ordinance to be done by the magistrates' clerk.

(j) Party includes the Crown and also any person
aggrieved within the meaning of section 98 or section 103.

(k) Prescribed means presecibed or provided by any
enactment which relates to any offences, penalties, fines,
costs, sums of money, orders, proceedings, or matters to the
punishment, recovery, making, or conduct of which this
Ordinance expressly or impliedly applies or may be applied.

(l) Prison means the Gaol.

(m) The Registrar means the Registrar of the Supreme
Court.

(n) Respondent means the opposite party whose
interest conflicts with the interest of any person appealing
within the meaning of section 98 or section 103.

(o) Sum adjudged to be paid by a conviction and
sum adjudged to be paid by an order, respectively,
include any costs adjudged to be paid by the conviction or
order, as the case may be, of which the amount is ascertained
by such convicted or order.

[ss. 3 and 4, rep. No. 30 of 1911.]

5. Nothing in this Ordinance shall affect any special
procedure provided in any Ordinance not hereby repealed.
6.-(1) The forms in the First Schedule or forms to the
like effect, with such variations or additions as circumstances
may require, shall be deemed good, valid, and sufficient in
law.

(2) Reference to the forms in the said Schedule is made
in connexion with the subejcts to which they respectively
relate by the insertion in the margin of references to the
said forms.

PART I.

CONSTITUTION OF MAGISTRATES.

7.-(1) There shall be either one or more magistrates,
who shall be justices of the peace by virtue of their office,
and shall have and exercise all such powers and jurisdiction
as were vested in police magistrates before the commence-
ment of this Ordinance, except as altered or repealed by this
or any other Ordinance; and whenever by any past Ordinance
or statute in force in the Colony any proceeding, act, or
thing is authorised to be taken or done by a justice or
justices of the peace, the same may be taken or done by one
magistrate.

(2) The Governor may appoint magistrates as vacancies
occur.

8. There shall be as heretofore a marine magistrate, who,
without prejudice to any other jurisdiction, power, or
authority possessed by him, shall have the power and
authority of a magistrate to hear and determine cases of
assault and assault and battery where there is no intent to
commit a felony; and the provisions of this Ordinance in
relation to the procedure before a magistrate in such cases
shall apply mutatis mutandis to cases before the marine
magistrate.

9.-(1) In every case where a magistrate may issue a
warrant for the apprehension of any person, it shall be lawful
for a justice of the peace, on the application of a police officer
and on oath being made before him substantiating the matter
of the information to his satisfaction, to issue such warrant
in order that such person may be brought before a magistrate
to be dealt with according to law.
(2) It shall be lawful for the Governor as occasion may
require to direct that any two justices of the peace, sitting
together, shall have the powers and jurisdiction that a
magistrate has by this Ordinance, and thereupon all the
provisions of this or any other Ordinance relating to proceed-
ings before magistrate shall apply mutatis mutandis to the
proceedings before such justices. Such direction shall name
a place where the said justices are to sit.

PART II.

PROCEDURE IN RESPECT OF SUMMARY OFFENCES.

10.-(1) In every case where a complaint is made to or
an inforamtion laid before a magistrate in respect of which
the magistrate has power to convict summarily or to make
an order for the payment of money or otherwise, it shall be
lawful for the magistrate to issue his summons to the person
against whom the complaint has been made or information
laid, stating shortly the matter of the complaint or informa-
tion and requiring him to appear at a certain time and place
before a magistrate to answer to the complaint or information,
and to be further dealt with according to law.

(2) Every such summons shall be seved by a constable,
usher, or other officer in a magistrate's court on the person
to whom it is so directed by delivering the same to him
personally or by leaving the same with some person for him
at his last or most usual place of abode; and the constable
or otehr officer who serves the same shall attend at the time
and place before the magistrate mentioned in the summons
to depose, if necessary, to the service of the summons:
Provided always that nothing herein contained shall oblige a
magistrate to issue a summons in any case where the defend-
ant appears voluntarily or upon his recognizance or is in
the custody of the police or charged on the charge sheet.

11.-(1) If the person so served with a summons does not
appear before the magistrate at the time and place mentioned
in the summones, and it is made to appear to the magistrate,
by oath, that the summons was so served within what is
deemed by the magistrate to be a reasonable time before the
time therein appointed for appearing to the same then it

As amended by No. 29 of 1915.
shall be lawful for the magistrate, an oath being made before
him substantiating the matter of the complaint or information
to his satisfaction, to issue his warrant to apprehend the
person so summoned, and to bring such person before him
or another magistrte to answer to the said complaint or
information, and to be further dealt with according to law;
or, on such information being laid as aforesaid, the magistrate
before whom the information has been laid may, on oath
being made before him substantiating the matter of the
information to his satisfaction, instead of issuing such
summons as aforesaid, issue in the first instance his warrant
for apprehending the person against whom the information
has been laid, and for bringing him before a magistrte to
answer to the said information, and to be further dealt with
according to law.

(2) In any case where a summons is so issued as aforesaid,
if, on the day and at the place appointed in and by the
summons for the appearance of the party so summoned, such
party fails to appear accordingly in obedience to the
summons, then and in every such case, if it is proved upon
otah to a magistrate that the summons was duly served on
such party a reasonable time before the time so appointed
for his appearance as aforesaid, it shall be lawful for the
magistrate to proceed ex parte to the hearing of the complaint
or information, and to adjudicate thereon as fully and
effectually to all intents and purposes as if such party had
personally appeared before him in obedience to the summons.

12.-(1) Every complaint and every information under
this Part, unless some Ordinance or statute otherwise
requires, may respectively be made or laid without any oath
being made of the truth thereof; except in case of an
information where the magistrte receiving the same there-
upon issue his warrant in the first instance to apprehend
the defendant as aforesaid; and in every such case where the
magistrate issues his warrant in the first instance the matter
of the information shall be substantiated by the oath of hte
informant, or of some witness on his behalf, before any such
warrant shall be issued.

(2) Every such complaint shall be for one mattter of
complaint ony, and not for two or more matter fo complaint;
and every such information shall be for one offence only,
and not for two or more offences.
(3) Every such complaint or information may be made or
laid by the complainant or informant in person or by his
counsel or other person authorised in that behalf.

13.-(1) The room or place in which a magistrte sits to
hear and try and complaint or information shall be deemed
an open and public court, to which the public generally
may have access, so far as the same can conveniently contain
them, unless the magistrate otherwise directs where the
evidence is of an indecent character, in which case he shall
make a note on the depositions of the direction which he has
given.

(2) The party against whom the complaint is made or
information laid shall be admitted to make his full answer
and defence thereto, and to have the witnesses examined and
cross-examined, by counsel on his behalf; and every
complainant or informant in any such case shall be at liberty
to conduct the complaint or information respectively, and to
have the witnesses examined and cross-examined, by counsel
on his behalf.

14-(1) If, at the time and place appointed in and by the
summons aforesaid for hearing and determining the com-
plaint or information as aforesaid, the defendant against
whom the same has been made or laid does not appear when
called, the constable or officer who has served him with the
summons in that behalf shall then declare upon oath in what
manner he served the summons, and if it appears, to the
satisfaction of the magistrate, that he duly served the
summons, the magistrate may proceed to hear and determine
the case in the absence of the defendant as aforesaid, may
issue his warrant in manner hereinbefore directed, and shall
adjourn the hearing of the complaint or inforamtion until the
defendant is apprehended; and when the defendant is after-
wards apprehended under the warrant, he shall be brought
before a magistrate, who shall thereupon either by his
warrant commit the defendant to prison or to some other
place of security or, if he thinks fit, verbally to be custody
of the police office who has apprehended him or to such
other safe custody as he may deeom fit, and order the defend-
ant to be brought up at a certain time and place before a
magistrate, of which said order the complainant or informant
shall have due notice.

As amended by No. 29 of 1915.
(2) If, at the time and place so appointed, the defendant
attends voluntarily in obedience to the summons in that behalf
served on him or is brought before the magistrate by virtue
of any warrant, then, if the complainant or informant, having
had such notice as aforesiad, does not appear by himself
or his counsel, the magistrate shall dismiss the complaint
or information, unless for some reason he thinks proper to
adjourn the hearing of the same unto some other day, on
such terms as he may think fit, in which case he may
commit the defendant in the meantime to prison or some
other place of security or to such custody as the magistrate
may think fit, or may discharge him on his entering into a
recognizance, with or without a surety or sureties, at the
discretion of the magistrate, conditioned for his appearance
at the time and palce to which the hearing is so adjourned.

(3) If the defendant does not afterwards appear at the
time and place mentioned in the recognizance, the magistrate
then present shall certify on the back of the recognizance
the non-appearance of the defendant, and may declare the
same to be forfeited in manner hereinafter provided, and
may also issue his warrant for the apprehension of the
defendant.

(4) If both parties appear, either personally or by their
respective counsel, before the magistrate who is to hear and
determine the complaint or information, then the magistrate
shall proceed to hear and determine the same.

15.-(1) Where the defendant is present at the hearing,
the substance of the complaint or information shall be stated
to him, and he shall be asked if he has any cause to show
why he should not be convicted or why an order should not
be made against him, as the case may be, and if he thereupon
admits the truth of the complaint or information and shows
no cause or no sufficient cause why he should not be
convicted or why an order should not be made against him,
as the case may be, ten the magistrate shall convict him
or make an order against him accordingly; but if he does
not admit the truth of the complaint or information as
aforesaid, then the magistrte shall proceed to hear upon
oath the complainant or informant and such witnesses as
may be produced in support of the complaint or information,
and also to hear the defendant and such evidence as may
be adduced in defence; and also to hear and exmaine
such other witnesses as the complainant or informant may
examine in reply, if the defendant or his counsel has
examined any witnesses or given any evidence other than
as to the defendant's general character.

(2) The magistrate, having heard what each party has to
say, and the witnesses and evidence so adduced, shall
consider the whole matter and determine the same, and shall
convict or make an order against the defendant or dismiss
the complaint or information, as the case may be.

(3) If the magistrate convicts the defendant or makes an
order against him, a minute or memorandum thereof shall
then be made, (for which no fee shall be paid), and the
conviction or order shall afterwards be drawn up by the
magistrate in proper form under his hand and seal, and he
shall cause the same to be ledged with the magistrates'
clerk, who shall register the same as hereinafter provided.

(4) If the magistrate dismisses the complaint or informa-
tion, it shall be lawful for him, if he thinks fit, on being
required to do so, to make an order of dismissal of the
complaint or information, and he shall give the defendant
in that behalf a certifiate thereof, which said certificate
shall be a bar to any subsequent complaint or information
for the same matters respectively against the same party.

16.-(1) Before or during the hearing of any complaint or
information as aforesaid, it shall be lawful for a magistrate
in his discretion to adjourn the hearing of the same to a
certain time and place to be then appointed an stated in
the presence and hearing of the party or parties, or their
respective counsel, and in the meantime the magistrate
granting and making such adjournment may suffer the
defendant to go at large, or may commit him to prison or
some other place of security or to such other safe custody as
the magistrate may think fit, or may discharge the defendant
on his entering into a recognizance, with or without a surety
or sureties, at the discretion of the magistrate, conditioned
for his appearance at the time and place to which the
hearing or further hearing is adjourned: Provided always
that in every cas where a defendant is discharged on
recognizance as aforesaid, and does not afterwards appear
at the time and place mentioned in the recognizance, the
magistrate then present shall certify on the back of the
recogniznace the non-appearance of the defendant, and may
declare the same to be forfeited in manner hereinafter
provided, and may forthwith issue his warrant for the
apprehension of the defendant.

(2) If, at the time and place to which the hearing or further
hearing is so adjourned, the complainant or informant does
not appear, either personally or by counsel, the magistrate
then present may dismiss the complaint or information, with
or without costs, as to the magistrate may seem fit; and if, at
the time and place aforesaid, the defendant does not appear,
either personally or by counsel, the magistrte may issue his
warrant for the apprehension of the defendant, and may
adjourn the proceedings for such time as he may think
requisite.

17.-(1) If it is made to appear to a magistrate, by the
oath of any credible person, that any person within the
Colony is likely to give material evidence on behalf of the
complainant or informant or defendant, and will not
voluntarily appear for the purpose of being examined as a
witness at the time and place appointed for the hearing of
the complaint or information as aforesaid, the magistrate
shall issue his summons to such person, under his hand and
seal, requiring him to be and appear at a time and place
mentioned in the summons before a magistrate to testify
what he knows concerning the matter of the complaint or
information.

(2) If any person so summoned refuses or neglects to
appear at the time and place appointed by the summons, and
no just excuse is offered for such refusal or neglect, then,
after proof upon oath that the summons was served on such
person, either personally or by leaving the same for him
with some person at his last or most usual place of abode,
and that a reasonable sum (where, in the opinion of hte
magistrate, necessary) was paid or tendered to him for his
costs or expenses in that behalf, it shall be lawful for the
magistrate before whom such person should have appeared
to issue a warrant, under his hand and seal, to bring and
have such person, at a time and place to be therein men-
tioned, before the magistrate to testify as aforesaid.

(3) If the magistrate is satisfied, by evidence upon oath,
that it is probable that such person will not attend to give
evidence without being compelled to do so, then instead of
issuing a summons, it shall be lawful for him to issue his
warrant in the first instance.

(4) If any person having come before any magistrate
whether voluntarily or in obedience to a summons or having
been brought before him by warrant or otherwise shall refuse
to be sworn or having been sworn shall without just excuse
refuse to answer such questions as shall be put to him con-
cerning the premises, the magistrate may, by warrant under
his hand and seal, order him to be imprisoned, without hard
labour, for any time not exceeding two months unless he in
the meantime shall consent to be sworn and to answer con-
cerning the premises, or he may imposes upon such person a
fine not exceeding twenty dollars.

18.-(1) In every case of an information for any offence
punishable on summary conviction any variance between the
information and the evidence adduced in support thereof as
to the time at which the offence or act is alleged to have
been committed shall not be deemed material, if it is proved
that such information was in fact laid within the time limited
by law for laying the same; and any variance between the
information and the evidence adduced in support thereof as
to the place in which the offence or act is alleged to have
been committed shall not be deemed material, provided that
the offence or act is proved to have been committed within
the jurisdiction of the magistrate by whom the information
is heard and determined.

(2) If any such variance, or any variance in any other
respect between the information and the evidence aduced
in support thereof, appears to the magistrate present and
acting at the hearing to be such that the party charged by
the information has been thereby deceived or misled, it shall
be lawful for the magistrate, on such terms as he may think
fit, to adjourn the hearing of the case to some future day, and
in the meantime to commit the defendant to prison or some
place of security or to such other custody as the magistrate
may think fit, or to discharge him on his entering into a
recognizance, with or without a surety or sureties at the dis-
cretion of the magistrate, conditioned for his appearance at
the time and place to which the hearing is so adjourned:
Provided always that is every case in which a defendant is
so discharged on recognizance as aforesaid, and does not
afterwards appear at the time and place mentioned therein
the magistrate then present shall certify on the back thereof
the non-appearance of the defendant, and may declare the
same to be forfeited in the manner hereinafter provided, and
may also forthwith issue a warrant for the apprehension of
the defendant.

19.-(1) In any complaint or information or the proceed-
ings thereon in which it is necessary to state the ownership
of any property belonging to or in the possession of partners,
joint tenants, parceners, or tenants in comman, it shall be
sufficient to name one of such person and to state the
property to belong to the person so named and another or
others, as the case may be; and whenever in any complaint
of information or the proceedings thereon it is necessary to
mention for any purpose whatsoever any partners, joint
tenants, parceners, or tenants in common, it shall be sufficient
to describe them in manner aforesaid.

(2) Whenever in any complaint or information or the
proceedings thereon it is necessary to state the ownership of
any public work or building maintained or repaired at the
public expense or any materials or tools provided for the
repair of public highways, roads, buildings, gates, bridges,
lamps, boards, stones, posts, fences, or other things erected
or provided for such highways, roads, buildings, gates,
bridges, lamps, boards, stones, posts, and fences, or of any
reservoirs, conduits, sewers, drains, or other public works or
proerty of whatsoever description, it shall be sufficient to
describe such property as the property of the Crown.

20. In any case of a complaint upon which a magistrate
may make an order for payment of money or otherwise, it
sahll not be necessary that such complaint shall be in writing
unless it is required to be so by the Ordinance or statute
upon which such complaint is framed.

21. In any case of an offence other than an indictable
offence where no time is limited by any Ordinance or statute
for making any complaint or laying any information in respect
of such offence, such complaint shall be made or such
information laid within six months from the time when the
matter of such complaint or information respectively arose.
22. No objection shall be taken or allowed to any
complaint, information, or summons for any alleged defect
therein in substance or inform, or for any variance between
such complaint, information, or summons and the evidence
adduced in support thereof, and the adjudicating magistrate
shall in all cases give judgement upon the substantial merits
and facts of the case as proved before him, and convict the
defendant of the offence of which he may appear to have
been guilty; but if any such variance appears to the
magistrate to be such that the party so summoned and
appearing has been thereby deceived or misled, it shall be
lawful for the magistrate, on such terms as he may think fit,
to adjourn the hearing of the case to some future day.

23.-(1) In every case of a conviction where no particular
form of such conviction is given by the Ordinance or statute
creating the offence or regulating the prosecution for the
same, and in every case of a conviction upon any past
Ordinance or statute, whether any particular form of conviction
is therein given or not, it shall be lawful for the magistrate
who so convicts to draw up his convictin in such one of the
forms of convictions in the First Schedule as may be applicable
to such case or to the like effect.

(2) Where an order is made, and no particular form of
order is given by the Ordinance or statute giving authority
to make such order, and in every case of an order to be made
under the authority of any past Ordinance or statut, whether
any particular form of order is therein given or not, it shall be
lawful for the magistrate by whom such order is to be made
to draw up the same in such one of the forms of orders in
the said First Schedule as may be applicable to such case or
to the like effect.

24. In a proceeding before a magistrate, without prejudice
to any other mode of proof, service on a person of any
summons, notice, process, or document required or authorised
to be served, and the handwriting and seal of a magistrate
or other officer or person on any warrant, summons, notice,
process, or document, may be proved by a solemn declaration
taken before a justice of the peace; and any declaration
purporting to be so taken shall, until the contrary is proved
be sufficient proof of the statements contained therein, and

As amended by No. 21 of 1922 and Law Am. Ord., 1923.
shall be received in evidence in any court or legal proceeding,
without proof of the signature or official character of the
person or persons taking or signing the same.

25.-(1) Every warrant to apprehend a defendant in
order that he may answer to any complaint or information
shall be under the hand and seal of the magistrate issuing
the same, and may be directed either to any constable by
name or generally to all the constables within the Colony.

(2) It shall state shortly the matter of the complaint or
inforamtion on which it is founded, and shall name or other-
wise describe as far as practicable the person against whom
it has been issued, and it shall order the person to whom
it is directed to apprehend the defendant and to bring him
before a magistrate to answer to the complaint or information,
and to be further dealt with according to law.

(3) It shall not be necessary to make the warrant returnable
at any particular time, but the same may remain in full force
until it is excuted.

(4) The warrant may be executed by apprehending the
defendant at any place within the Colony or the waters
thereof; in every case where the warrant is directed to all
constables within the Colony, it shall be lawful for any
constable to execute the warrant in like manner as if it were
directed specially to such constable by name: Provided
always that no objection shall be taken or allowed to any
warrant to apprehend a defendant so issued on any such
complaint or information as aforesaid under or by virtue of
this Ordinance for any alleged defect therein in substance
or in form, or for any variance between it and the evidence
adduced on the part of the complainant or informant; but if
any such variance appears to the magistrate at the hearing
to be such tht the party apprehended has been thereby
deceived or misled, it shall be lawful for the magistrate, on
such terms as he may think fit, to adjourn the hearing of the
case to some future day, and in the meantime to commit the
defendant to prison or some place of security or to such other
custody as the magistrate may think fit, or to discharge him
on his entering into a recognizance, with or without a surety
or sureties, at the discretion of the magistrte, conditioned
for his appearance at the time and place to which the hearing
is so adjourned; Provided, also, that in every case where a
defendant is discharged on recognizance as aforesaid, and
does not afterwards appear at the time and place mentioned
therein the magistrate then present shall certify on the back
thereof the non-appearance of the defendant and may declare
the same to be forfeited, and may also forthwith issue a war-
rant for the apprehension of the defendant.

26. Any warrant or summons issued by a magistrate
under this or any other Ordinance or statute, shall not be
avoided by reason of the magistrate who signed the same
dying or ceasing to hold office.

27. A person taken into custody for an offence without a
warrant shall be brought before a magistrate as soon as
practicable after he is so taken into custody, and if it is not
or will not be practicable to bring him before a magistrate
within forty-eight hours after he is so taken into custody, a
superintendent or inspector of police or other officer in
charge of any police station shall inquire into the case, and,
except where the offence appears to such superintendent,
inspector, or office, to be of a serious nature, shall discharge
the prisoner, on his entering into a recognizance, with or
without sureties, for a reasonable amount, to appear before a
magistrate at the day, time, and place mentioned therein.

28. The following provisions shall apply to proceedings
before magistrates:-

(1) the description of any offence in the words of the
Ordinance or statue or any order, by-law regulation, or
other document creating the offence, or in similar words,
shall be sufficient in law;

(2) any exception, exemption, proviso, excuse, or qualifica-
tion, whether it does or does not accompany in the same
section the description of the offence in the Ordinance or
statute, order, by-law, regulation, or other document creating
the offence, may be proved by the defendant, but need not
be specified or negatived in the complaint or information,
and if so specified or negative shall be required on the part
of the complainant or informant;

(3) a warrant of commitment shall not be held void by
reason of any defect therin, if it is alleged that the offender
has been convicted or ordered to do or to abstain from
doing any act or thing require to be done or left undon,
and there is a good and valid conviction or order to sustain
the same;

(4) a warrant of distress shall not be deemed void by
reason only of any defect therin, if it is therein alleged
that a conviction or order has been made, and there is a
good and valid conviction or order to sustain the same, and
a person acting under a warrant of distress shall not be
deemed a trepasser ab initio by reason only of any defect
in the warrant or of any irregularity in the execution of the
warrant; but this enactment shall not prejudice the right of
any person to satisfaction for any special damage caused by
any defect in or irregularity in the execution of a warrant of
distress; and

(5) all goods forfeited by order of a magistrate may be
sold in such manne as the magistrate may direct.

29.-(1) In all proceedings under this Part the magistrate
at the hearing shall take or cause to be taken in writings a full
minute, so far as circumstances permit, of the following
matters:-

(a) the nature of the complaint or information;

(b) the names of the complainant, informant, or prosecutor,
and of the defendant, and of te respective witnesses on
either side;

(c) the evidence or depositions of the witnesses;

(d) objections to the admissibility of evidence and whether
the same have been allowed or disallowed; and

(e) the fines, if any, paid into court.

(2) The minute shall, immediately after the clost of the
case, be handed to the magistrates' clerk for safe cusody.

30.-(1) The magistrates' clerk shall keep a register of
the minutes or memoranda of all the convictions and orders
of the magistrate and of such other proceedings as are
directed by the rules in the Second Schedule to be registered,
and shall keep the same in Form No. 60 in the First
Schedule and with the particulars prescribed in teh said
rules or form.


As amended by Law Am. Ord., 1923.
(2) The register, and also any extract from the register
certified by the clerk keeping the same to be a true extract,
shall be prima facie evidence of the matters entered therein
for the purpose of informing a magistrate, but nothing in
this section shall dispense with the legal proof of a previous
conviction for an offence when required to be proved against
a person charged with another offence.

(3) The entries relating to each minute, memorandum, or
proceeding shall contain the name of the magistrate before
whom the conviction, order, or proceeding referred to therein
was made or had.

(4) Every sum paid to the magistrates' clerk in accordance
with this Ordinance, and the appropriation of such sum,
shall be entered and authenticated in the manner directed by
the rules in the said Second Schedule.

(5) Every such register shall be open for inspection,
without fee or reward, by a magistrate, or by any person
authorised in that behalf by a magistrate, or by the Governor
or Colonial Secretary.

Special provisions.

31. If, on the hearing of a charge for any offence punish-
able on summary conviction the magistrate thinks that,
though the charge is proved, the offence was in the particular
case of so trifling a nature that it is inexpedient to inflict any
punishment, or any other than a nominal punishment,-

(1) he may, without proceeding to conviction, dismiss the
complaint or information, and may order the defendant to
pay such damages, not exceeding ten dollars, and such
costs of the proceeding, or either of them, as he may think
reasonable; or

(2) he may, on convicting the defendant, discharge him
conditionally on his giving security, with or without sureties,
to appear for sentence when called upon or to be of good
behaviour, and either without payment of damages and costs
or subject to the payment of such damages and costs, or
either of them, as he may think reasonable.

32. Where a defendant is fined a sum not exceeding five
dollars and the same is not forthwith paid, the magistrate
may order the defendant to be searched, and if on being
searched he is found to have on his person money equal
to the amount of his fine, it shall be lawful for the magistrate,
upon oath made to him of the fact by any person who was
present when the defendant was searched, to order that so
much of the money as may be sufficient to satisfy the fine
be forfeited, and that the defendant be thereupon dis-
charged from custody.

33. Where in the case either of imprisonment or a fine
there is prescribed a requirement for the offender to enter
into his recognizance and to find sureties for keeping the
peace and observing some other condition, or to do any of
such things, the magistrate may dispense with any such
requirement or any part thereof.

34.-(1) Where a power is given by any future enactment
to a magistrate of requiring any person to do or to abstain
from doing any act or thing, other than the payment of
money, or of requiring any act or thing to be done or left
undone, other than the payment of money, and no mode is
prescribed of enforcing such requisition, a magistrate may
exercise such power by an order and may annex thereto any
conditions as to time or mode of action which he may think
just, and may suspend or rescind any such order on such
undertaking being given or condition being performed as he
may think just, and generally may make such arrangements
for carrying into effect such power as to him may seem meet.

(2) A person making default in complying with any such
order shall be punished in the prescribed manner, or, if no
punishment is prescribed, may be ordered to pay a sum not
exceeding five dollars for every day during which he is in
default, or to be imprisoned, without hard labour, until he
he remedied his default: Provided that a person shall not,
for non-compliance with the requisition of a magistrate,
whether made by one or more orders, to do or to abstain from
doing any act or thing, be liable under this section to
imprisonment for any term or terms amounting in the
aggregate to more than three months, or to the payment of
any sums exceeding in the aggregate one hundred dollars.

35.-(1) The magistrate by whose conviction or order any
sum is adjudged to be paid may do all or any of the following
things:-

(a) allow time for the payment of the sum;

(b) direct payment to be made of the sum by instalments;
and

As amended by Law Am. Ord., 1923.
(c) direct that the person liable to pay the sum shall be
at liberty to give, to the satisfaction of a magistrate or such
person as may be specified by the magistrate adjudging the
money to be paid, security, with or without a surety or
sureties, for the payment of the sum or of any instalment
thereof, and such security may be given and enforced in
manner provided by this Ordinance.

(2) Where a sum is directed to be paid by instalments and
default is made in the payment of any one instalment, the
same proceedings may be taken as if default had been made
in payment of all the instalments then remaining unpaid.

(3) A magistrate directing the payment of a sum or of an
instalment of a sum may direct such payment to be made at
such time and in such place and to such person as may be
specified by the magistrate, and every person, not being the
magistrates' clerk, to whom any such sum or instalment is
paid shall as soon as may be account for and pay over the
same to such clerk.

36. Where any property has been taken from a person
charged before a magistrate with an offence punishable either
on indictment or on summary conviction, a report shall be
made by the police on the charge sheet to the magistrate of
the fact of such property having been taken from the accused
or defendant and of the particulars thereof, and the
magistrate may, if he is of opinion that the property or any
portion thereof can be returned consistently with the interests
of justice and with the safe custody of the accused or
defendant, direct such property or any portion thereof to be
returned to the accused or defendant or such other person as
he may direct.

37. Every person who aids, abets, counsels, or procures
the commission of any offence punishable by a magistrate on
summary conviction shall be liable to be proceeded against
and convicted for the same, either together with the principal
offender or before or after his conviction, and shall be liable
to the same punishment and penalties as such principal may
by law be liable.

38. A magistrate shall not, by cumulative sentences of
imprisonment (other than for default of finding sureties) to
take effect in succession in respect of several assaults com-
mitted on the same occassion, impose on any person imprison-
ment for the whole exceeding six months; but nothing in
this section shall be deemed to affect the provision contained
in section 82.

Distress and committal warrants.

39. Where a conviction adjudges a fine to be paid or
where an order requires the payment of a sum of money and
by the enactment authorising such convction or order such
fine or sum of money is to be levied on the goods and
chattels of the defendant by distress and sale thereof, and
also in cases where by the enactment in that behalf no
mode of raising or levying such fine or sum of money or of
enforcing the payment of the same is stated or provided, it
shall be lawful for a magistrate to issue his warrant of
distress for the purpose of levying the same, which shall be
in writing under his hand and seal: Provided always that
whenever it appears to the magistrate to whom application
is made for any such warrant that the issuing thereof would
be ruinous to the defendant and his family, or whenever it
appears to the magistrate by the confession of the defendant
or othwise, that he has no goods or chattels whereon to
levy the distress or whenever in the opinion of the magistrate
it is inexpedient to issue such warrant, then and in every
such case it shall be lawful for the magistrte, instead of
issuing the warrant of distress, to commit the defendant to
prison, with or without hard labour, for such time and in
such manner as by law the defendant might be so committed
in case such warrant had issued and no goods or chattels
could be found whereon to levy such fine or sum and costs
aforesaid.

40. Where a magistrate issues any such warrant of
distress it shall be lawful for him to suffer the defendant to
go at large, or, by a written warrant in that behalf or
verbally, to order the defendant to be kept and detained in
safe custody until return is made to the warrant, unless the
defendant gives sufficient security, by recognizance or other-
wise, to the satisfaction of the magistrate, for his appearance
before a magistrate at the time and place appointed for hte
return of the warrant: Provided always that in any case
where a defendant gives security by recognizance as afore-
said, and does not afterwards appear at the time and place
mentioned therin, the magistrate then present may forthwith
declare the same to be estreated in manner hereinafter
provided.

41. If at the time and place appointed for the return of
any such warrant of distress, the constable or other officer
who has had the execution of the same returns that he could
find no goods or chattels or no sufficient goods or chattels
whereon he could levy the sum or sums therein mentioned,
together with the costs of or occasioned by the levying of the
same, it shall be lawful for the magistrate before whom the
same is returned to issue his warrant of commitment under
his hand and seal, directed to the same or any other constable
or other officer, reciting the conviction or order shortly, the
issuing of the warrant of distress, and the return thereto,
and requiring such constable or otehr officer to convey the
defendant to prison, and there to deliver him to the Superin-
tendant of Prisons, and requiring the said Superintendent to
receive the defendant and to imprison him, or to imprison
him and keep him to hard labour, in such manner and for
such time as the enactment on which the conviction or order
mentioned in the warrant of distress is founded directs,
unless the sum or sums adjudged to be paid, and all costs
and charges of the distress, (the amount thereof being
ascertained and stated in the commitment), shall be sooner
paid.

42. Whenever it is returned to a warrant of distress issued
for the recovery of a fine or sum of money ordered to be paid
under a conviction or order that no sufficient goods of the
party against whom such warrant has been issued can be
found, and by the enactment under the provisions of which
such conviciton or order was made no further remedy or
punishment is provided for the non-payment of such fine or
sum of money, it shall nevertheless be lawful for a magistrate,
if he thinks fit, by his warrant as aforesaid, to commit the
defendant to prison, with or without hard labour, for such
period as may be in accordance with the scale provided by
section 57, unless the fine or sum adjudged to be paid, and
all costs and charges of the distress, (the amount thereof
being ascertained and stated in the commitment), shall be
sooner paid.

As amended by Law Rev. Ord., 1923.
43. Where the enactment by virtue of which a conviction
for a fine or an order for the payment of money is made
makes no privision for such fine or sum being levied by
distress, but directs that if the same be not paid forthwith or
within a certain time therein mentioned or to be mentioned
in the conviction or order, the defendant shall be imprisoned,
or imprisoned and kept to hard labour, for a certain time,
unless such fine or sum shall be sooner paid, in every such
case such fine or sum shall not be levied by distress; but if
the defendant does not pay the same, together with costs, if
awarded, forthewith, or at the time specified in the conviction
or order for the payment of the same, it shall be lawful for
a magistrate to issue his warrant of commitment under his
hand and seal, requiring the constable to whom the same is
directed to take and convey the defendant to prison and
there to deliver him to the Superintendent of Prisons, and
requiring the said Superintendent to receive the defendant
and to imprison him, or to imprison him and keep him to
hard labour, as the case may be, for such time as the enactment
on which the conviction or order is founded as aforesaid
directs, unless the fine or sum adjudged to be paid shall be
sooner paid.

44.-(1) Where a convictin does not order the payment
of any fine but that the defendant be imprisoned, or imprisoned
and kept to hard labour, or where an order is not for the
payment of money but for the doing of some other act, and
directs that, in case of the defendant's refusal or neglets to
do such act, he shall be imprisoned or imprisoned and kept
to hard labour, and the defendant refuses or neglects to do
such act, in every such case it shall be lawful for a magistrate
to issue his warrant of commitment under his hand and seal,
requiring the constable to whom the same is directed to take
and convey the defendant to prison and there to deliver him
to the Superintendent of Prisons, and requiring the said
Superintendent to receive the defendant and to imprison him,
or to imprison him and keep him to hard labour, as the case
may be, for such time as the Ordinance or statute on which
the conviction or order is founded as aforesaid directs.

(2) In any such case, where by the conviction or order
any sum for costs is adjudged to be paid by the defendant
to the complainant or informant, such sum may, if the

As amended by Law Rev. Ord., 1923.
magistrate thinks fit, be levied by warrant of distress in
manner aforesaid, and in default of distress, the defendant
may be also committed to prison there to be kept for any
time not exceeding one month, with or without hard labour,
to commence at the termination of the imprisonment which
he is then undergoing, unless scuh sum for costs and all
costs and charges of the distress shall be sooner paid.

45. Where a magistrate, on any complaint or information
as aforesaid, adjudges the defendant to be imprisoned, and
the defendant is then in prison undergoing imprisonment on
a conviction for any other offence, the warrant of commitment
for such subsequent offence shall in every such case be
forthwith delivered to the gaoler to whom the same is
directed; and it shall be lawful for the magistrate issuing
the same to award and order therein and thereby that the
imprisonment for scuh subsequent offence shall commence
at the expiration of the imprisonment to which the defendant
has been previously adjudged to sentenced.

46. In any case where any person against whom a warrant
of distress issues as aforesaid pays or tenders to the constable
or other officer having the execution of the same the sum
mentioned in the warrant, together with the amount of hte
expenses of the distress up to the time of such payment or
tender, he shall cease to execute the same; and in any case
where any person in imprisoned as aforesaid for non-payment
of any fine or otehr sum, he may pay or cause to be paid to
to the Superintendent of Prisons the sum mentioned in the
warrant of commitment, together with the amount of hte
costs therein mentioned, and the said Superintendent shall
receive the same, an shall thereupon discharge such person,
if he is in his custody for no other matter.

47. The following provisions shall apply with respect to
warrants of distress issued by a magistrate under this
Ordinance:-

(1) a warrant of distress shall be executed by or under
the direction of a constable or other officer;

(2) save in so far as the person against whom the distress
is levied otherwise consents, the distress shall be sold by
public auction, and five clear days at the least shall intervene

As amended by Law Rev. Ord., 1923.
As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
between the making of the distress and the sale, unless the
goods distrained are perishable, and when consent is so given
as aforesaid the sale may be made in accordance with such
consent;

(3) subject as aforesaid, the distress shall be sold within
the period fixed by the warrant, and, if no period is so fixed,
then within the period of fourteen days from the date of the
making of the distress, unless the sum for which the warrant
was issued, and also the charges of taking and keeping the
distress, and soon paid;

(4) subject to any directions to the contrary given by the
warrant of distress, when the distress is levied on household
goods, the goods shall not, except with the consent in writing
of the person against whom the distress is levied, be removed
from the house until the day of sale, but so much of the
goods shall be impounded as are, in the opinion of the
person executing the warrant, sufficient to satisfy the distress
by affixing to the articles impounded a conspicuous mark;
and every person removing any goods so marked or defacing
or removing the said mark shall upon summary conviction
be liable to a fine not exceeding twenty-five dollars;

(5) where a person charged with the execution of a warrant
of distress wilfully retains from the produce of any goods
sold to satisfy the distress or otherwise exacts any greater
costs and charges than those to which he is for the time
being entitled by law or makes any improper charge, he shall
upon summary conviction be liable to a fine not exceeding
twenty-five dollars;

(6) a written account of the costs and charges incurred in
respect of the execution of any warrant of distress shall be
sent by the constable or other officer charged with the
execution of the warrant as soon as practicable to the
magistrates' clerk; and it shall be lawful for the person on
whose goods the distress was levied, within one month after
the levy of the distress, to inspect such account without fee
or reward, at any reasonable time to be appointed by a
magistrate, and to take a copy of such account;

(7) a constable or other officer charged with the execution
of a warrant of distress shall cause the distress to be sold,
and may deduct out of the amount realised by the sale all
costs and charges actually incurred in effecting hte sale, and
shall render to the owner the surplus, if any, after retaining
the amount for which the warrant was issued and the proper
costs and charges of the execution of the warrant;

(8) where a person pays or tenders to the constable or
other officer charged with the execution of a warrant of
distress the sum mentioned in the warrant or produces the
receipt for the same of the magistrates' clerk, and also pays
the amount of the costs and charges of the distress up to the
time of such payment or tender, the constable or other officer
shall not execute the warrant; and

(9) where a claim is made to or in respect of property
taken in execution under this section by any person other
than the party against whom such execution issued, such
claim shall be heard and determined by the magistrate upon
a summons calling before him as well such claimant as the
party on whose behalf such execution issued and the decision
of the magistrate upon such claim shall be final.

48.-(1) A magistrate to whom application is made either
to issue a warrant of distress for any sum adjudged to be
paid by a conviction or order, or to issue a warrant for
committing a person to prison for non-payment of a sum of
money adjudged to be paid by a conviction or, in the case of
a sum not a civil debt, by an order, or for default of sufficient
distress to satisfy and scuh sum, may, if he deems it
expedient to do so, postpone the issue of such warrant until
such time and on such conditions, if any, as to him may seem
just.

(2) The wearing apparel, and bedding of a person and his
family, and, to the value of twenty-five dollars, the tools and
implements of his trade, shall not be taken under a distress
issued by a magistrate.

(3) Where, on application made to a magistrate to issue a
warrant for committing a person to prison for non-payment
of a sum adjudged to be paid by a conviction or, in the case
of a sum not a civil debt, by an order, or for default of
sufficient distress to satisfy any such sum, it appears to the
magistrate to whom the application is made that, either by
payment of part of the said sum, whether in the shape of
instalments or otherwise, or by the net proceeds of the
distress, the amount of the sum so adjudged has been reduced
to such an extent that the unsatisfied balance, if it had
constituted the original amount adjudged to be paid by the
conviction or order, would have subject the defendant
to a maximum term of imprisonment less than the term of
imprisonment to which he is liable under such conviction or
order, the magistrte shall, by his warrant of commitment,
revoke the term of imprisonment, and order the defendant
to be imprisoned for a term not exceeding such less maximum
term instead of the term originally mentioned in the convic-
tion or order.

Recognizances, etc.

49.-(1) In every case punishable on summary conviction
the magistrate may, if he so thinks proper and whether the
defendant is convicted or not, order the defendant to enter
into a recognizance, with two sufficient sureties, for his good
behaviour and in such sum and for such term as the
magsitrate may think fit, so that such sum does not exceed
two hundred dollars and such term does not exceed twelve
months.

(2) The magistrate may order the defendant, in default of
compliance with such last-mentioned order, to be imprisoned,
without hard labour, for any term not exceeding six months.

50.-(1) The power of a magistrate, on complaint of any
person, to adjudge a person to enter into a recognizance and
find sureties to keep the peace or to be of good behaviour
towards such first-mentioned person shall be exercised
by an order upon complaint, and the provisions of this
Ordinance shall apply accordingly, and the complainant and
defendant and witnesses may be called and examined and
cross-examined, and the complainant and defendant shall be
subject to costs, as in the case of any other complaint.

(2) The magistrate may order the defendant, in default of
compliance with such last-mentioned order, to be imprisoned,
without hard labour, for any term not exceeding six months.

51. Where a person has been committed to prison by a
magistrate for default in finding sureties, a magistrate may,
on application made to him in manner directed by the rules
in the Second Schedule by such person or by some one
acting on his behalf, inquire into the case of the person
so committed, and if on new evidence produced to the
magistrate or proof of a change of circumstance, the
magistrate thinks, having regard to all the circumstance of
the case, that it is just to do so, he may reduce the amount
for which it is proposed the sureties or surety should be
bound, or dispense with the sureties or surety, or otherwise
deal with the case as he may think just.

52. When a magistrate has fixed, as respects and re-
cognizance, the amount in which the principal and the
sureties, if any, are to be bound, the recognizance, not-
withstanding anything in this or any past enactment, need
not be entered into before such magistrate, but may, subject
to the rules in the Second Schedule, be entered into by the
parties before another magistrate, or before the magistrates'
clerk, or before a superintendent or inspector of police or,
where any of the parties is in prison, before the Super-
intendent of Prisons; and thereupon all the consequences of
law shall ensure and the provisions of this Ordinance with
respect to recognizances taken before a magistrate shall
apply as if the recognizance had been entered into before a
magistrate as heretofore by law required.

53.-(1) A person shall give security under this Part,
whether as principal or surety, either by the deposit of
money with the magistrates' clerk or by an oral or written
acknowledgment of the undertaking or condition by which
and of the sum for which he is bound and evidence of such
security may be provided by the entry thereof in the register
of the proceedings of the magistrates.

(2) Any sum which may become due in pursuance of a
security under this Part from a surety shall be recoverable
summarily in manner directed by this Ordinance with
respect to a civil debt on complaint by a constable, or by
the magistrates' clerk, or by some other person authorised
for the purpose by a magistrate.

(3) A magistrate may enforce payment of any sum due by
a principal in pursuance of a security under this Part which
appears to him to be forfeited, in like manner as if that sum
were adjudged to be paid as a fine, if the security was
given for a sum adjudged by a conviction, and in any other
case in like manner as if it were a sum adjudged to be paid
as a civil debt: Provided that, before a warrant of distress
for the sum is issued notice of the forfeiture shall be served
on the said principal, in manner prescribed by the rules in
the Second Schedule.

As amended by Law Rev. Ord., 1923.
(4) Any sum paid by a surety on behalf of his principal
in respect of a security under this Part, together with all costs,
charges, and expenses incurred by such surety in respect
of that security, shall be deemed a civil debt due to him
from the principal, and may be recovered before a magistrate
in manner directed by this Ordinance with respect to the
recovery of a civil debt which is recoverable summarily.

(5) Where security is given under this Part for payment
of a sum of money, the payment of such sum shall be
enforced by means of such security in substitution for other
means of enforcing such payment.

54.-(1) Where a recognizance is conditioned for the
appearance of a person before a magistrate or for his doing
some other matter or thing to be done before or by order
of a magistrate or in a proceeding before a magistrate,
such magistrate, if the recognizance appears to him to be
forfeited, may declare the recognizance to be forfeited and
enforce payment of the sum due under it in the same manner
as if the sum were a fine adjudged by a magistrate to be
paid and the amount of the same were ascertained by a
conviction: Provided that, at any time before the sale of
goods under a warrant of distress for the said sum, a
magistrate may cancel or mitigate the forfeiture on the
person liable applying and giving security, to the satisfaction
of the magistrate, for the future performance of the condition
of the recognizance, and paying or giving securityfor
payment of the costs incurred in respect of the forfeiture, or
on such other conditions as the magistrate may think just.

(2) Wherre a recognizance conditioned to keep the peace,
or to be of good behaviour, or not to do or commit some act
or thing has been entered into by any person as principal or
surety before a magistrate, any magistrate, on proor of the
conviction of the person bound as principal by the recognizance
of any offence which is in law a breach of the condition of
the same, may, by conviction, adjudge the recognizance to
be forfeited, and adjudge the person bound thereby, whether
as principal or sureties, or any of such persons, to pay the
sums for which they are respectively bound.

(3) All sums paid in respect of a recognizance declared or
adjudged by a magistrate in persuance of this section to be
forfeited shall be paid to the magistrates' clerk, and shall be
paid and applied by him in the manner in which fines
imposed by such magistrate, in respect of hwich fines no
special appropriation is made, are payable and applicable.

Civil debts.

55. A civil debt may be recovered on summons and
enforced in the manner hereinafter provided; and the pay-
ment of any costs ordered to be paid by the complainant or
defendant in the case of any such complaint shall be enforced
in like manner as such civil debt and not otherwise.

56.-(1) Any sum of money recoverable summarily as a
civil debt within the meaning of this or any future Ordinance,
or in respect of the recovery of which jurisdiction is given
by such Ordinance to a magistrate, shall be deemed to be a
sum for payment of which a magistrate has authority by law
to make an order on complaint under this Ordinance:
Provided as follows:-

(a) a warrant shall not be issued for apprehending any
person for failing to appear to answer any such complaint;
and

(b) an order made by a magistrate for the payment of any
such civil debt as aforesaid or of any instalment thereof or
for the payment of the costs in the matter of any such com-
plaint, whether ordered to be paid by the complainant or the
defendant, shall not, in default of distress or otherwise, be
enforced by imprisonment, unless it is proved, to the satis-
faction of a magistrate, that the person making default in
payment of such civil debt, instalment, or costs either has,
or has had since the date of the order, the means to pay the
sum in respect of which he has made default and has refused
or neglected or refuses or neglects to pay the same, and in
any such case the magistrate shall have power to imprison
the defendant for any period not exceeding three weeks,
unless the same shall be sooner paid.

(2) Proof of the means of the person making default may
be given in such manner as the magistrate to whom applica-
tion is made for commitment to prison may think just.

Seale of imprisonment for non-payment of money, etc.

57. Unless in any enactment it is otherwise provided, the
period of imprisonment, with or without hard labour, which
may be imposed by a magistrate exercising summary jurisdic-
tion, in respect of the non-payment of any sum of money
adjudged to be paid by a conviction, whether it be a fine or
in respect of the property the subject of the offence, or in
respect of the injury done by the offender, or in respect of
the default of a sufficient distress to satisfy any such sum,
shall be such period as, in the opinion of the magistrate,
will satisfy the justice of the case, but shall not exceed in
any case the maximum fixed by the following scale:-

Where the amount- the period of imprisonment
shall not exceed-
does not exceed $1 ... ... ... ... ... ... 7 days,
exceeds $ 1 but does not exceed $ 5 ... ... 14 ,,
,, $ 5 ,, $ 10 ... ... 1 month,
,, $ 10 ,, $ 50 ... ... 2 months,
,, $ 50 ,, $ 150 ... ... 3 ,,
,, $ 150... ... ... ... ... ... ... ... ... 6 ,,

Where the fine or other sum adjudged to be paid is
imposed by a sentence in addition to a term of imprisonment,
the imprisonment imposed under this section or any other
enactment shall commence from the expiration of the term
of imprisonment imposed by the sentence.

This section shall apply to fines imposed by a stipendiary
magistrate under the Merchant Shipping Ordinance, 1899.

Costs.

58.-(1) In every case of summary conviction or of an
order made by a magistrate, except as provided in section
60, it shall be lawful for the magistrate making the same
to award and order in and by the conviction or order that
the defendant shall pay to the complainant or informant
respectively such costs as to him may seem just and reasonble
in that behalf, but not in any case exceeding five dollars;
and in any case where the magistrate, instead of convicting
or making an order as aforesaid, dismisses the complaint or
information, it shall be lawful or him, in and by his order
of dismissal, to award and order that the complainant or
informant respectively shall pay to the defendant such
costs as to him may seem just and reasonable, but not in any
case exceeding five dollars.

(2) The sum so allowed for costs shall in every case be
specified in the conviction or order or order of dismissal as
aforesaid, and the same shall be recoverable in the same
manner and under the same warrants as a fine or a sum of
money adjudged to be paid in and by such conviction or
order is to be recoverable, and in any case where there is no
such fine or sum to be thereby recovered, then such costs
shall be recoverable by distress and sale of the goods and
chattels of the party or by imprisonment for any term not
exceeding fourteen days, unless such costs shall be sooner
paid.

59. Where a complaint or information is dismissed with
costs, the sum awarded for costs in the order for dismissal
may be levied by distress on the goods and chattels of the
complainant or informant, and, in default of distress or pay-
ment, the complainant or informant may be committed to
prison, without hard labour, for any term not exceeding
fourteen days, unless such sum, and all costs and charges of
the distress, (the amount thereof being ascertained and stated
in the commitment), shall be sooner paid.

60.-(1) Where a fine adjudged by a conviction by a
magistrate to be paid does not exceed two dollars, then,
except so far as the magistrate may think fit expressly to
order otherwise, an order shall not be made for payment by
the defendant to the complainant or informant of any costs:
and the magistrate shall, except so far as he thinks fit
by the complainant or informant to be remitted or repaid to
him.

(2) The magistrate may also order the fine or any part
thereof to be paid to the complainant or informant in or
towards the payment of his costs.

[s. 61, rep. No. 43 of 1912.]

PART III.

INDICTABLE OFFENCES.

62.-(1) In every case where a charge or complaint is
made to a magistrate that any person has committed or is
suspected to have committed any treason, felony, or indictable
misdemeanor or other indictable offence over which the
magistrate has jurisdiction, then, if the accused is not then
is custody, it shall be lawful for the magistrate to issue his
warrant to apprehend the accused and to cause him to be
brought before a magistrate to answer to the charge or
complaint, and to be further dealt with according to law:
but in any case it shall be lawful for the magistrate to whom
the charge or complaint is preferred, if he so thinks fit,
instead of issuing his warrant in the first instance to appre-
hend the accused, to issued his summons directed to the
accused requiring him to appear before a magistrate at a
time and place to be therein mentioned: and if, after being
served with the summons in manner herinafter mentioned,
he fails to appear at such time an place in obedience
to such summons, then and in every such case any magistrate
may issue his warrant to apprehend the accused and cause
him to be brought before a magistrate to answer to the
charge or complaint, and to be further dealt with according
to law.

(2) Nothing in this section shall prevent a magistrate from
issuing the warrant hereinbefore first mentioned at any time
before or after the time mentioned in the summons for the
appearance of the accused.

63. In every case of felony or misdemeanor committed on
the high seas, or in foreign parts, or in any creek, harbour
haven, or other place within the jurisdiction of the Admiralty
for which an indictment may be preferred by the Attorney
General, it shall be lawful for any magistrate, if the accused
resides or is supposed to reside or be within the Colony
or the waters therof, to issue his warrant to apprehend the
accused and to cause him to be brought before a magistrate
to answer to the charge, and to be further dealt with accord-
ing to law.

64.-(1) Where an indictment is filed by the Attorney
General against any person who is then at large, and whether
such person has been bound by recognizance to appear to
anser to the same or not, the Registrar, on the application
of the prosecutor or of any person on his behalf (if the
person against whom the indictment has been filed has not
already appeared and pleaded to the indictment), shall grant
to him a certificate of such indictment having been filed.

(2) On the production of such certificate to a magistrate,
it shall be lawful for him, and he is hereby required, to
issue his warrant to apprehend the accused and to cause him

As amended by Law Rev. Ord., 1923.
to be Brought before him to be dealt with according to law;
and afterwards, if such person is apprehended and brought
before a magistrate, the magistrate, on its being proved upon
oath before him that the person so apprehended is the same
person who is charged and named in the indictment, shall,
without futher inquiry or examination, commit him for trial
or admit him to bail in manner hereinafter mentioned.

(3) If the person against whom an indictment is so filed
by the Attorney General as aforesaid is confined in prison
for any other offence than that charged in the indictment at
the time of such application and production of the said
certificate to a magistrate, it shall be lawful for the magistrate,
and he is hereby require, on its being proved before him
upon oath that the accused and the person so confined in
prison are the same person, to issue his warrant directed to
the Superintendent of Prisons commanding him to detain the
accused in his custody until by a writ of habeas corpus he
shall be removed therefrom for the purpose of being tried
upon the indictment or until he shall otherwise be removed
therefrom or discharged out of his custody by due course of
law.

65.-In every case where a charge or complaint for any
indictable offence is made before a magistrate, if it is intended
to issue a warrant in the first instance against the accused,
an information and complaint thereof in writing upon the
oath of the informant or of some witness in that behalf shall
be laid before the magistrate: Provided always that in every
case where it is intended to issue a summons instead of a
warrant in the first instance, it shall not be necessary that
such information and complaint shall be in writing or be
sworn to in manner aforesaid, but in every such case such
information and complaint may be by parol merely and
without any oath whatever to support or substantiate the
same: Provided, also, that no objection shall be taken or
allowed to any information or complaint for any alleged
defect therein in substance or in form or for any variance
between it and the evidence adduced on the part of the
prosecution before the magistrate who takes the examination
of the witnesses in that behalf as hereinafter mentioned.

66. The provisions with reference to summonses contained
in Part II in relation to offences punishable on summary
conviction shall apply equally, mutatis mutandis, to summonses
under this Part.
67. The provisions with reference to the form of warrants,
the directions to be contained therein, and the execution
thereof contained in Part II in relation to offences punishable
on summary conviction shall apply equally, mutatis mutandis,
to warrants under this Part.

[s. 68, rep. Law Revision Ordinance, 1924.]

69.-(1) If it is made to appear to a magistrate, by the
oath of any credible witness, that any person is likely to give
material evidence on the part of the prosecution and will not
voluntarily appear at the time and place appointed for the
examination of the witnesses against the accused, the
magistrate may enforce the attendance of such witness in the
manner provided in Part II for the enforcing the attendance
of a witness under the summary jurisdiction of such
magistrate.

(2) If, on the appearance of such witness, he refuses to be
examined upon oath concerning the matter of the information
or complaint, or refuses to take such oath, or, having taken
such oath, refuses to answer such questions concerning the
premises as may then be put to him, the magistrate may, by
warrant under his hand and seal, commit such person to
prison there to remain and be imprisoned for any term not
exceeding two months, unless he shall in the meantime
consent to be examined and to answer concerning the
premises.

70.-(1) If, on the hearing of an information or charge
for an indictable offence, from the absence of witnesses or
from any other reasonable cause, it becomes necessary or
advisable to defer the examination or further examination
of the witnesses for any time, it shall be lawful for the
magistrate before whom the accused appears or is brought
up by his warrant from time to time to remand the accused
for such time as by the magistrate, in his discretion, may
be deemed reasonable, not exceeding eight clear days, to
prison or some place of security; or, if the remand is for a
time not exceeding three clear days, it shall be lawful for
the magistrate verbally to order the constable, or other
person in whose custody the accused may then be, or any
other constable or person to be named by the magistrate
in that behalf, to continue and keep the accused in his
custody and to bring him before the same magistrate at the
time appointed for continuing the examination: Provided
always that the magistrate may order the accused to be
brought before himself or another magistrate at any time
before the expiration of the time for which the accused is so
remended, and the gaoler of officer in whose custody he
then is shall duly obey such order: Provided, also, that,
instead of detaining the accused in custody during the
period for which he is so remanded, a magistrate before
whom the accused so appears or is brought as aforesaid may
discharge him, on his entering into a recognizance, with or
without a surety or sureties, at the discretion of the magistrate,
conditioned for his appearance at the time and place ap-
pointed for the continuance of the examination.

(2) If the accused does not afterwards appear at the time
and place mentioned in the recognizance, the magistrate then
present may, on certifying the non-appearance of the accused
on the recognizance, declare the same forfeited, and proceed
to enforce the same in the manner hereinbefore provided for
enforcing recognizances in the cases of offences punishable
on summary conviction; and may forthwith issue his
warrant for the apprehension of the accused.

71. The room or building in which a magistrate hears an
information or charge for an indictable offence shall not be
deemed an open court for that purpose; and it shall be
lawful for the magistrate hearing the case, in his discretion,
to order that no person shall have access to or be or remain
in such room or building without the consent or permission
of the magistrate, if it appears to him that the ends of
justice will the best answered by so doing.

72.-(1) On the hearing of an information or charge for
an indictable offence where the accused is present at the
hearing, the magistrate shall, before committing the accused
to prison for trial or before admitting him to bail to take
his trial, in the presence of the accused proceed to take
evidence for an on behalf of the prosecutor and his
witnesses in the same manner as is hereinbefore provided
for the taking of the evidence of the complainant of inform-
ant and his witnesses on a complaint or information for
an offence punishable on summary conviction.
(2) The accused or his counsel shall be at liberty to put
questions to any witnesses produced against him, and further
the depositions or evidence of the prosecutor and his wit-
nesses shall, in the presence of the accused, be read over to
and signed respectively by the witnesses who have been so
examined, and shall also be signed by the magistrate taking
the same.

73.-(1) After the examination of all the witnesses on
the part of the prosecution has been completed the magistrate
hearing the case shall, if desired by the accused, without
requiring the attendance of the witnesses, read or cause
to be read to the accused, or, when necessary, cause to be
interpreted, the depositions taken against him, and shall say
to him these words or words to the like effect or cause the
same to be interpreted to him:-

Having heard the evidence, do you wish to say
anything in answer to the charge? You are not
obliged to say anything unless you desire to do so,
but whatever you say will be taken down in writing
and may be given in evidence upon your trial.

(2) Whatever the accused then says in answer thereto
shall be taken down in writing and read over to him,
and shall be signed by the magistrate and kept with the
depositions of the witnesses, and shall be transmitted with
them as hereinafter mentioned: Provided always that the
magistrate, before the accused makes any statement, shall
state or cause to be interpreted to him and give him or
cause him clearly to understand that he has nothing to hope
from any promise of favour and nothing to fear from any
threat which may have been holden out to him to induce
him to make any admission or confession of his guilt, but that
whatever he shall then say may be given in evidence on his
trial notwithstanding such promises or threat.

(3) Any statement which purports to have been taken
down and signed as provided in sub-section (2) shall be
admissible in evidence against the accused in any court if it
is produced out of the proper custody without further proof
of the matters above mentioned, unless it is proved that such
statement was not duly taken down or was not in fact signed
by the magistrate or office aforesaid purporting to sign the
same.

As amended by Law Am. Ord., 1923.
(4) Provided, nevertheless, that nothing herein contained
shall prevent the prosecutor in any cases from giving in
evidence any admission or confession or other statement of
the accused made at any time which by law would be
admissible as evidence against him.

74. If the accused makes any such statement or is un-
willing to do so, the magistrate hearing the case shall then
demand and require of the accused or his counsel whether he
desires to call any witness or evidence, and if he so calls or
desires to call any witness or evidence, the magistrate shall,
in the presence of the accused, take such evidence upon oath,
both examination and cross-examination, of the witnesses
who may be called by the accused or his counsel and who
know anything relating to the facts or circumstances of the
case or anything tending to prove the innocence of the
accused, and shall put the same into writing, and the
depositions of such witnesses shall be read over to and signed
respectively by the witnesses so examined and shall also be
signed by the magistrate taking the same.

75.-(1) On the hearing of an indictable offence as afore-
said, it shall be lawful for the magistrate to bind by
recognizance the prosecutor and his witnesses or any of them
to appear at the criminal session of the court at which the
accused is to be tried then and there to prosecute, or to
prosecute and give evidence, or to give evidence alone, as
the case may be, against the accused; and the recognizance
shall particularly specify the profession, art, or trade of
every such person entering into or acknowledging the same,
together with his Christian or other name and surname.

(2) Such witnesses for the accused as may be called and
examined as aforesaid, not being witnesses as to the character
of the accused merely, who, in the opinion of the magistrate,
give evidence in any way material to the case or tending to
prove the innocence of the accused shall be bound by
recognizance to appear and give evidence at the criminal
session of the court at which the accused is to be tried in
the same manner as the prosecutor and his witnesses.

(3) The said recognizance, being duly acknowledged by
the person entering into the same, shall be subscribed by the
magistrate before whom the same is acknowledged, and a

As amended by Law Am. Ord., 1923.
notice thereof, signed by the said magistrate, shall at the
same time be given to the person bound thereby: Provided
always that if any such witness for the prosecution or defence
refuses to enter into or acknowledge such recognizance as
aforesaid, it shall be lawful for the magistrate, by his warrant,
to commit him to prison there to be safely kept until after
the trial of the accused, unless in the meantime such witness
duly enters into such recognizance as aforesaid before a
magistrate: Provided, nevertheless, that if afterwards, from
want of sufficient evidence in that behalf or other cause,
the magistrate before whom the accused has been
brought does not commit him or hold him to bail for the
offence with which he is charged, it shall be lawful for a
magistrate, by his order in that behalf, to order and direct
the Superintendent of Prisons to discharge such witness from
prison, and the said Superintendent shall thereupon forth-
with discharge him accordingly: Provided, further, that all
such recognizances so taken, together with the written
information, if any, or summons, the depositions on either
side, and the statement of the accused, if any, shall be kept
together until the close of the case before the magistrate, and
if the accused is then committed for trial shall be transmitted
by the magistrate, or he shall cause the same to be trans-
mitted, to the Crown Solicitor for the use of the Attorney
General.

76. When all the evidence offered on the part of the
prosecution against the accused has been heard, if the
magistrate is of opinion that it is not sufficient to put the
accused upon his trial for any indictable offence, the magistrate
shall forthwith order the accused, if in custody, to be dis-
charged as to the information then under inquiry; but if, in
the opinion of the magistrate, such evidence is sufficient to
put the accused upon his trial for an indictable offence, or if
the evidence given raises a strong or probable presupmtion
of the guilt of the accused, then the magistrate shall, by his
warrant, commit him to prison to be there safely kept until
he shall be thence delivered by due course of law or admit
him to bail as hereinbefore mentioned.

77.-(1) If the magistrate commits the accused to prison
for trial between the 10 the and 18th days, both inclusive, of
any month, he shall (unless it has been ordered that there
shall be no criminal session of the court in the month im-

As amended by No. 28 of 1913 and Law Am. Ord., 1923.
mediately succeeding the month in which he has committed
the accused to prison for trial) inform or cause the accused
to be informed thereof in the words or to the effect follow-
ing:-

'A.B. you stand committed to prison until the criminal session
of the Supreme Court which will be holden next month there to
take your trial.'

(2) If the magistrate commits the accused to prison for
trial on any other day of the month except between the 10th
and 18th days, both inclusive, of any month, or if it has been
ordered that there shall be no criminal session of the court
in the month immediately succeeding the month in which he
has committed the accused to prison for trial he shall inform
or cause the accused to be informed thereof in the words or
to the effect following:-

'A.B. you stand committed to prison until the next criminal
session of the Supreme Court there to take your trial.'

Provided always that the court may of its own motion or
on the application either of the Crown or of the accused
order the accused to be tried on such date as the court may
fix.

78. When the depositions in any case sent for trial to the
court have been completed, a copy thereof, including all
exhibits and any statement, shall, as soon as practicable, be
forwarded from the magistrate's office to the Registrar for
the use of the court; and at any time before the first day of
the criminal session of the court at which any accused
committed to prison or admitted to bail is to be tried, the
accused or his counsel may require and shall be entitled to
have of and from the officer or person having the custody of
the depositions copies thereof, together with copies of any
such statement as aforesaid, on which the accused has been
committed or bailed, on payment of fifteen cents for each folio
of seventy-two words.

PART IV.

SUMMARY TRIAL OF INDICTABLE OFFENCES.

79. Nothing in this Part shall affect the powers conferred
upon magistrates by any Ordinance relating to the protection
of women and girls.

As amended by Law Am. Ord., 1923.
80.-(1) Whenever any person is accused before a magis-
trate of any indicatable offence, except an offence specified in
the Third Schedule, the magistrate, instead of committing
the accused for trial before the court, may deal with the case
and convict the accused summarily, and on conviction may
sentence the accused to imprisonment for any term not
exceeding six months, or to a fine not exceeding two hundrred
and fifty dollars: Provided that nothing in this section shall
affect any greater punishment specifically provided in any
other Ordinance.

(2) A magistrate may nevertheless deal summarily under
this section with the case of a person accused, under section
82(5)(a) of the Bankruptcy Ordinance, 1891, of the offence
of obtaining credit under false pretences or by means of any
other fraud.

(3) The magistrate may also direct that the accused be
kept in solitary confinement for any portion of this term of
imprisonment, not exceeding fourteen days at any one time
and not exceeding one month in the whole.

(4) The magistrate may nevertheless, if he thinks fit, com-
mit any such accused for trial before the court.

(5) Nothing in this section shall affect the provisions of
sections 82.

81. Where an indictable offence is triable summarily,-

(1) the procedure shall, until the magistrate assumes the
power to deal with the offence summarily, be the same in all
respects as if the offence were to be dealt with throughout as
an indictable offence, but when and so soon as the magistrate
assumes the power to deal with the offence summarily, the
procedure shall be the same from and after that period as if
the offence were an offence punishable on summary conviction
and not on indictment, and the provisions of this Ordinance
relating to offence punishable on summary conviction shall
apply accordingly;

(2) the evidence of any witness taken before the magistrate
has assumed the said power need not be taken again, but
every such witness shall, if the defendant so requires, be
recalled for the purpose of cross-examination;

(3) the conviction for any such offence shall be of the
same effect as a conviction for the offence on indictment
before the court, and the magistrate may make the like order
for the restitution of property as might have been made by
the court; and

(4) the order of dismissal shall be filed by the magistrates'
clerk in like manner as the conviction is hereby required to
be filed, and together with the order of dismissal or the
conviction, as the case may be, there shall be filed by such
clerk in each case the written charge, the depositions of the
witnesses, and the statement, if any, of the accused.

82. Where any person is accused of stealing from the
person or of any offence within the meaning of either of
sections 44 and 45 of the Offences against the Person Ordi-
nance, 1865, it shall be lawful for a magistrate to hear the
case and convicte the accused summarily and to sentence him
to imprisonment for any term not exceeding one year, or to
commit the accused for trial before the court; and it shall
also be lawful for two magistrates to sit together to hear the
case, and they may, if they think fit, summarily convict the
accused and sentence him to imprisonment for any term not
exceeding two years, or they may commit the accused for
trial before the court.

PART V.

SPECIAL POWERS

Miscellaneous.

83. In all proceedings before two magistrates sitting
together upon any complaint or information, it shall be lawful
for one magistrate to receive such complaint or information,
and to grant a summons or warrant to compel the attendance
of any witnesses, and to do all other necessary acts and
matters preliminary to the hearing, even in cases where by
the Ordinance or statute in that behalf such complaint or
information must be heard and determined by two magistrates
sitting together, and after the case has been so heard and
determined one magistrate may issue all warrants of distress
or commitment thereon: Provided always that in any case
where any such complaint or information is heard and
determined by two magistrates, or a conviction or order is
made by two magistrates, such magistrates must be present
and acting together during the whole of the hearing and
determination of the case.

84. If in any case where two magistrates sit together they
are unable to agree in their decision whetehr the defendant
or accused is guilty or not guilty, he shall be committed for
trial before the court.

85. Whenever any male offender is convicted by a
magistrate-

(1) under the provisions of either section 44 or section 45
of the Offences against the Person Ordinance, 1865, or

(2) under section 52 of the Offences against the Person
Ordinance, 1865, of committing an act of gross indecency
with another male person under the age of thirteen, or

(3) under section 29 of the Larceny Ordinance, 1865, of
stealing any ornament or other chattel from the person of
any woman or child, or

(4) under the provisions of section 53 of the Asiatic
Emigration Ordinance, 1915, or

(5) under the provisions of either section 4 or section 7 of
the Protection of Women and Girls Ordinance, 1897, or

(6) under the provisions of section 3 of the Stowaways
Ordinance, 1903, or

(7) under the provisions of section 9 of the Deportation
Ordinance, 1917, in any case in which the person so convicted
had been prior to his deportation-

(a) convicted of any criminal offence by the Supreme Court
of the Colony or by His Majesty's Supreme Court in China, or

(b) convicted twice of any criminal offence and whether of
the same character or not by a magistrate in the Colony, or

(c) convicted of any criminal offence by a magistrate in
the Colony and after his deportation had been convicted
under the provisions of section 9 of the Deportation Ordinance,
1917, or

(d) convicted by a magistrate in the Colony of any offence
under the penalty for which he was liable to the punishment
of flogging.
the magistrate may, in addition to the punishment awarded
for such offence, direct that the offender be flogged.

86. Whenever any offender whose age appears to the
magistrate not to exceed sixteen years is convicted of any
offence other than the offences specified in the Third Schedule
the magistrate may in lieu of any other punishment to which
the offender is liable, and notwithstanding anything to the
contrary in the Peace Preservation Ordinance, 1886, or in the
Flogging Ordinance, 1903:-

(a) order such offender to be discharged after due admoni-
tion; or

(b) order such offender to be delivered to his parent or to
his guardian or nearest adult relative or in the case of the
offender being an apprentice or servant to his master or
mistress or in the case of the offender being a school boy or
school girl to the person in charge of the school at which the
offender is attending on such parent, guardian, relative,
master, mistress or person in charge of a school executing a
bond with or without a surety or sureties that he or she
will be responsible for the good behaviour and also, if the
magistrate thinks it necessary, for the proper education of
the offender for any period not exceeding twelve months; or

(c) order such offender if a male to be whipped with not
more than twelve strokes of a light cane or rattan within the
court premises and in the presence if they desire to be
present of the parent, guardian, relative, master, mistress or
person in charge of such offender.

Provided that if the offender is convicted of larceny, or of
any offennce which now or at any time hereafter is by law
deemed or declared to be simple larceny or punishable as
simple larceny, or of any assault occasioning actual bodily
harm or of any indecent assault the magistrate may make
the order specified in paragraph (c) in addition to any other
punishment to which the offender is liable.

87. When a magistrate has authority under any enact-
ment to impose imprisonment of any description for an
offence, and has not authority to impose a fine for that
offence, a magistrate may notwithstanding, if he thinks that
the justice of the case will be better met by a fine than by
imprisonment, impose a fine not exceeding two hundered and
fifty dollars: Provided that the magistrte shall not impose
on the offender, in default of payment of the fine, any greater
term of imprisonment than that to which such offender would
have been liable under the enactment authorising the said
imprisonment.

88. On the conviction of any person of any offence by
which injury or loss to person or property has accrued, the
convicting magistrate may order the offender to pay to the
person aggrieved reasonable compensation, not exceeding
fifty dollars, in addition to any fine or punishment to which
he is sentenced.

89. If any person behaves in an insulting manner or uses
any threatening or insulting expression to, or concerning, or
in the presence of a magsitrate when acting in the discharge
of any magisterial duty, the magistrate may summarily
sentence the offender to imprisonment for any term not
exceeding two months, or to a fine not exceeding fifty dollars.

90. If it appears to a magistrate-

(1) that any charge or complaint was maliciously preferred
without reasonable or prohable cause, the magistrate may on
the application of the person against whom the charge or
complaint was made, order the complainant to pay to such
person reasonable compensation not exceeding fifty dollars:
Provided that the award of any such compensation shall be
a bar to any civil proceeding for damages by reason of such
charge or complaint having been made; or

(2) that any witness, (which shall include a defeudant
who gives evidence on his own behalf), has wilfully given
false testimony, the magistrate may order him to pay a fine
not exceeding fifty dollars.

Provided always that-

(a) before making any order under sub-section (1) the
magistrate shall first give the complainant and opportunity
of showing cause why the order should not be made, and
shall, if so requested by the complainant, adjourn the pro-
ceedings in order to enable him to instruct counsel on his
behalf;
(b) before making any order under sub-section (2) the
magistrate shall first clearly inform the witness of the
specific words which appear to the said magistrate to con-
stitute the false testimony and shall give the witness an
opportunity of showing cause why the order should not be
made, and shall, if so requested by the said witness, adjourn
the proceedings in order to enable him to instruct counsel
on his behaff; and

(c) if the compensation or fine is not forthwith paid, the
magistrate may commit the person against whom the order
is made to prison in accordance with the provisions of
section 57.

91. Whenever a magistrate awards a pecuniary penalty
or amends for any offence under the Summary Offences
Ordinance, 1845, and the same is not paid forthwith, the
magistrate may commit the offender to prison, with or without
hard labour, in accordance with the scale in section 57.

92. Whenever any person is found by the police hawking
without a licence, or committing any offence againt any
Ordinance relating to markets, or causing any obstruction
by hawking in a public thoroughfare, the police are hereby
empowered to convey or cause to be conveyed all the articles
being hawked and sold before a magistrate, who shall there-
upon have power, on conviction of the offender, to order the
forfeiture of the said articles or any of them, in addition to
or substitution for any other fine or punishment which he
may by law impose.

93.-(1) Whenever any offender is convicted of being
found drunk in any public road, street, or other public place,
whether a building or not, or on any premises licensed under
any Ordinance relating to spirit licences, a magistrate may
sentence him to a fine not exceeding five dollars, and, on a
second conviction for a similar offence within a period of
twelve months, to a fine not exceeding ten dollars, and, on a
third or subsequent conviction within such period of twelve
months, to a fine not exceeding fifteen dollars.

(2) Whenever any offender is convicted of riotous of
disorderly behavious, while drunk, in any public road, street,
or other public place, whether a building or not, or of being
drunk while in charge of any carriage, chair, vehicle, horse,
or cattle in any public road, street, or other public place, or
of being drunk when in possession of any loaded firearms, a
magistrate may sentence him to a fine not exceeding twenty-
five dollars, or to imprisonment for any term not exceeding
two months.

[s. 93A, rep. No. 32 of 1923.]

Bail.

94.-(1) No magistrate or justice of the peace shall admit
any person to bail for treason or murder, nor shall such
person be admitted to bail, except by order of a judge.

(2) Where a person is charged with felony, with assault
with intent to commit a felony, or with an attempt to commit
a felony, or with obtaining or attempting to obtain property
by false pretences, or with a misdemeanor in receiving stolen
property or property obtained by false pretences, or with
perjury, or subornation of perjury, or with concealing the
birth of a child by secret burying or otherwise, or with wilful
or indecent exposure of the person, or with riot or assault
upon a police officer in the execution of his duty or upon any
person acting in his aid, or with an assault in pursuance of
a conspiracy to raise the rate of wages, a magistrate may, in
his discretion, admit the accused to bail, on his procuring or
producing such surety or sureties as, in the opinion of the
magistrate, will be sufficient to ensure the appearance of the
accused at the time and place when and where he is to be
tried for such offence; and thereupon the magistrate shall
take the recognizance of the accused and his surety or
sureties conditioned for the appearance of the accused at the
time and place of trial and that he will then surrender and
take his trial and will not depart the court without leave.

(3) Where a person is charged with an indictable mis-
demeanor other than those mentioned in sub-section (2), he
shall be entitled to be admitted to bail in the manner men-
tioned in the said sub-section.

(4) It shall be lawful for a magistrate, on issuing a warrant
for the apprehension of any person charged with a bailable
offence, to certify on the warrant his consent to the accused
being bailed, and thereupon it shall be lawful for an inspector
of police to admit the accused to bail, taking his recognizance
and that of his surety or sureties, if any, conditioned for the
appearance of the accused at the time and place of hearing
and that he will then surrender and take his trial and will
not depart the court without leave.

(5) In every case where a person charged with any bailable
indictabe offence is committed to prison to take his trial for
the same before the court, it shall be lawful, at any time
afterwards and before the first day of the criminal session at
which he is to be tried or before the day to which such
session is adjourned, for the magistrate who has signed the
warrant for his commitment, in his discretion, to admit the
accused to bail in manner aforesaid; or if the committing
magistrate is of opinion that for any of the offences mentioned
in sub-section (2) the accused ought to be admitted to bail,
such magistrate shall, in such case and in every other case
of a misdemeanor committed for trial before the court, certify
on the warrant of commitment his consent to the accused
being bailed, stating also the amount of bail which ought to
be required and whether with a surety or sureties; and it shall
be lawful for a magistrate or his first clerk, or for a justice of
the peace attending at or visting the prison where the accused
is in custody, on production of such certificate, to admit the
accused to bail in manner aforesaid.

(6) In every case where the accused in custody is admitted
to bail by a magistrate other than the committing magistrate
or by a justice of the peace as aforesaid, such magistrate or
justice of the peace shall forthwith transmit the recognizance
of bail to the committing magistrate, to be transmitted with
the depositions.

(7) Where two magistrate sit together either of them may
exercise the powers hereinbefore mentioned.

95.-(1) In every case where a magistrate admits to bail
any person who is then in prison charged with the offence
for which he is so admitted to bail, the magistrate shall send
to or cause to be lodged with the Superintendent of Prisous
a warrant of deliverance, under his hand and seal, requiring
the said Superintendent to discharge the person so admitted
to bail, if he is detained for no other offence, and on such
warrant of deliverance being delivered to or lodged with the
said Superintendent, he shall forthwith obey the same.

As amended by Law Rev. Ord., 1923.
(2) Where, however, the bail of the person in prison is
taken by the magistrates' clerk or a justice of the peace,
in pursuance of section 94 (5), a written certificate, signed
by such magistrates' clerk or justice, that bail has been duly
given shall be a good authority to the said Superintendent
to discharge the person so bailed from custody forthwith,
unless he is also in custody for some other cause.

Re-hearing.

96.-(1) It shall be lawful for a magistrate, on such
grounds as he may deem sufficient, to review his decision
or adjudication within seven clear days from the date thereof,
(unless in the meantime an application has been made to
state and sign a case under section 98 and such application
is not withdrawn), and, on such review, to re-open and re-
hear the case wholly or in part, and to take fresh evidence
and to reverse, vary, or confirm the previous decision or
adjudication.

(2) Whenever any accused person has been committed for
trial and the Attorney General has, in pursuance of any
Ordinance, remitted the case for further investigation or to
be dealt with summarily, the committing magistrate shall
re-open the case and deal with it in all respects as if the
accused had not been committed for trial, and if the case is
such that is may be dealt with summarily by such magistrate,
he shall so deal with it.

[s. 97, rep. No. 8 of 1912.]

PART VI.

APPEALS.

Appeal on question of law.

98. *Within seven clear days after the hearing and deter-
mination by a magistrate of any complaint, information,
charge, or other proceeding which he has power to determine
in a summary way, either party thereto or any person

See s. 106, and definitions of party and respondent in s. 2.
aggrieved thereby who desires to question by way of appeal
any conviction, order, determination, or other proceeding as
aforesaid on the ground that it is erroneous in point of law,
or that it is in excess of jurisdiction, may apply in writing
to the magistrate to state and sign a case setting forth the
facts and the grounds on which the conviction, order, or
determination was granted and the grounds on which the
proceeding is questioned, for the opinion of the Full Court.

99. The appellant shall, within fourteen days after the
delivery of the case to him as hereinafter mentioned, trans-
mit the case to the Registrar, first giving notice in writing
of such appeal and sending with it a copy of the case to the
other party or parties to the proceeding before the magistrate,
hereinafter referred to as the respondent or respondents.

100. After the delivery of a case to the appellant as afore-
said but before the case has been set down for argument
before the Full Court, it shall be lawful for the magistrate,
on application by either party and on notice of such applica-
tion to the other party previously given, to amend the case
stated and signed by him in any way he may think fit.

101. When the case has been transmitted to the Registrar
as aforesaid, it shall be set down for argument on the request
of either party four clear days at least before the day appointed
for argument, and shall be heard, save as hereinafter provided,
by the Full Court: Provided always that the party setting
down the case for argument shall give to the opposite party
four clear days notice of the day appointed therefor.

102. The Full Court shall have power, if it thinks fit, to
cause the case stated for its opinion to be sent back to the
magistrate for amendment, and thereupon the same shall be
amended accordingly, and judgement shall be delivered after
the same has been amended.

Appeal on question of fact.

103. *Within seven clear days after the hearing and
determination by a magistrate of any complaint, information,
charge, or other proceeding which he has power to determine
in a summary way, either party thereto or any person

*See s. 106, and definitions of party and respondent in s. 2.
aggrieved thereby who desires to question any conviction,
order, determination, or other proceeding as aforesaid on the
ground that it is erroneous in point of fact may apply to the
magistrate for leave to appeal to the Full Court by way of a
re-hearing, and, if such leave is granted the magistrates'
clerk shall, subject to the provisions of section 106, deliver to
the appellant a certificate to that effect, and shall forward the
original depositions in the case to the Registrar, or, if the
party or person desiring to appeal consents thereto, the
magistrate may order the case to be re-heard before him.

104. Within ten days after the receipt of such certificate,
the appellant shall file the same with the Registrar, together
with a motion for a re-hearing before the Full Court, setting
forth shortly the grounds therefor. and such motion shall be
served on the respondent, and the Full Court, on the hearing
thereof, may dismiss the appeal, with or without cost, or
may grant a re-hearing subject to such terms as to costs or
otherwise as it may think fit.

105. On such re-hearing, unless the Full Court otherwise
orders, the case shall be heard and the evidence taken de
novo, and the Full Court may, in its discretion, allow fresh
evidence to be given on such re-hearing: Provided that in a
case where the evidence is taken de novo, if it is proved that
a witness who was examined before the magistrate is dead or
unable to be present on such re-hearing, the Full Court
may, in its discretion, admit the deposition of such witness
signed by the magistrate, saving all just exceptions.

Appeal generally.

106.-(1) Within three weeks from the making of an
application under section 98 or section 103, the appellant
shall enter into a recognizance, before a magistrate, with or
without sureties and in such sum as to the magistrate may
seem meet, conditioned to prosecute the appeal without delay
and to pay such costs as may be award by the Full Court;
Provided always that, in the case of an appeal touching any
fine, the amount of the recognizance shall not be less than
the amount of the fine and a sum to cover costs.

(2) The appellant, if in custody, may, by order to of a magis-
trate, be brought up for the purpose of entering into
the recognizance.

As amended by Law Am. Ord., 1923.
(3) The appellant shall not be entitled to have the case
or certificate delivered to him unless he completes the
recognizance within the prescribed time, and if he makes
default in so doing the appeal shall be deemed to be
abandoned.

(4) The appellant shall at the same time and before he
shall be entitled to have the case or certificate delivered to
him, pay to the magistrates' clerk or other proper officer, in
respect of the said case, certificate, and recognizance, the
fees following:-
$ C.
1. For the recognizance .................................2.00

2. For drawing the case and copy thereof for
appellant, if not exceeding 5 folios of 72
words each ...........................................3.00

3. Or if the case exceeds 5 folios, for every additional
folio ................................................0.30

4. For the certificate for leave to appeal ..............0.50

(5) The appellant, if then in custody, shall be liberated on
the recognizance being further conditioned for his submis-
sion to the judgment of the Full Court and for his appearance
before a magistrate within ten days after the judgement of the
Full Court has been given, to abide such judgment, unless
the conviction, order, or determination appealed against is
quashed, set aside, or reversed.

(6) This section shall not apply where the application is
made by or under the direction of the Attorney General.

107. If the magistrate is of opinion that the application
to state or amend a case or for leave to appeal on a question
of fact is merely frivolous, but not otherwise, he may refuse
to state or amend a case or to grant a certificate for leave
to appeal, and shall, on the request of the party or person
applying therefor, sign and deliver to him a certificate of
such refusal, on payment of the sum of fifty cents: Provided
always that the magistrate shall not refuse to state a case or
to grant a certificate for leave to appeal where the application
therefor is made to him by or under the direction of the
Attorney General.

108.-(1) Subject as aforesaid, if the magistrate refuses
to state a case, or neglects to state a case within three weeks
from the time when the application therefor was granted, or
refuses to amend a case, when stated and delivered, on the
application of either party within the time limited for such
amendment, or refuses a certificate for leave to appeal, it
shall be lawful for the party aggrieved by such refusal or
neglect to apply to the Full Court, by notice of motion served
on the magistrate and on the other party, supported by an
affidavit of the facts, for a rul calling upon the magistrate
to show cause why such case should not be stated or
amended or such leave to appeal granted: and the Full
Court may make the same absolute or discharge the same
with or without payment of costs by the magistrate or either
party, as may seem just.

(2) The magistrate, on being served with such rule
absolute, shall state a case, or amend the case stated, or
grant a certificate for leave to appeal accordingly.

109. The Full Court, on the argument of any case stated
or on any re-hearing, may revese or affirm the decision of
the magistrate, or may amend or alter such decision by
making any order which the magistrte would have had
power to make in the matter, or may remit the matter to the
magistrate with the opinion of the Full Court thereon, or
may make such other order in relation to the matter, and
make such orders as to costs, as to the Full Court may seem
fit: Provided always that no magistrate who states and
delivers a case pursuant to this Ordinance or grants leave to
appeal shall be liable to any costs in respect of or by reason
of such appeal against hi determination.

110.-(1) After the decision of the Full Court in relation
to any appeal under this Ordinance, the magistrate shall
have authority to enforce any conviction or order which may
have been affirmed, amended, or made by such court as fully
and in the same manner as though it were the original
decision of the magistrate.

(2) No action, suit, or proceeding whatsoever shall be
commenced or had against the magistrate for enforcing such
conviction or order.

As amended by Law Am. Ord., 1923.
111.-(1) After an appeal has been decided, if the same
has been decided in favour of the respondent, any magistrate
may issue his warrant of distress or commitment for the
execution of such conviction or order as if no such appeal
has been brought.

(2) If, on any such appeal, the Full Court order either
party to pay costs, such order shall direct such costs to be
paid to the Registrar to be by him paid over to the party
entitled to the same, and shall state within what time such
costs shall be paid, and if the same are not paid within the
time so limited, and the party ordered to pay the same is
not bound by any recognizance conditioned to pay such
costs, the Registrar, on the application of the party entitled
to such costs or of any person on his behalf, and on payment
of a fee of twenty-five cents, shall grant to the party so
applying a certificate that such costs have not been paid.

(3) On the production of such certificate to any magistrate,
it shall be lawful for him to enforce the payment of such
costs by warrant of distress in manner hereinbefore provided
for enforcing the payment of costs, and, in default of
distress, the magistrate may commit the party against whom
such warrant has issued in manner hereinbefore mentioned
for any time not exceeding three months, unless the amount
of such costs, and all costs and charges of the distress, and
also the costs of the commitment, if the magistrate thinks
fit so to order, (the amount thereof being ascertained and
stated in the commitment), shall be sooner paid.

112. Any judge shall have power to liberate, on such
terms and conditions as to recognizances or otherwise as
he may think fit, any party or person on whose application
a case has been stated, or who has obtained leave to appeal
as aforesaid, who is in custody, or such judge may order
him to be brought up to the court in the custody of a police
officer for the purpose of attending the appeal and any applica-
tion or proceeding thereon.

113. Notwithstanding the provisions of section 5 of the
Full Court Ordinance, 1912, in the absence or illness of one
of the judges, the powers of the Full Court contained in this
Part may be exercised by one judge, if he thinks fit.

As amended by law Ord., 1923.
PART VII

PROTECTION OF MAGISTRATES.

114. In every action brought against any magistrate for
any act done by him in the execution of his duty as such
magistrate, with respect to any matter within his jurisdiction
as such magistrate, it shall be expressly alleged tha such
act was done maliciously and without reasonabl and probable
cause; and if, at the trial of any such action, the plaintiff
fails to prove such allegation, he shall be nonsuit or the
judgment or verdict, as the case may be, shall be for the
defendant.

115. For any act done by a magistrate in a matter over
which by law he has no jurisdiction or in which he has
exceeded his jurisdiction, any person injured thereby, or by
any act done under any conviction or order made or warrant
issued by the magistrate in any such matter, may maintain
an action against the magistrate in the same form and in the
same case as he might have done before the commencement
of this Ordinance, without making any allegation in his
pleadings that the act complained of was done maliciously
and without reasonabl and probable cause: Provided, never-
theless, that no such action shall be brought for anything done
under such conviction or order until after such conviction or
order has been quashed, either on appeal to the Full Court
or on application to the court, nor shall any such action be
brought for anything done under any such warrant which has
been issued by the magistrate to procure the appearance of
such party, and which has been followed by a conviction or
order in the same matter, until after such conviction or order
has been so quashed as aforeside; or if such last-mentioned
warrant has not been followed by any such conviction or
order, or if it is a warrant on an information for an alleged
indictable offence, nevertheless if a summons was served on
such person, either personally or by leaving the same for him
with some person at his last or most usual place of abode,
and he did not appear according to be exigency of the
summons, in such case no such action shall be maintained
against the magistrate for anything done under warrant.
116. Where a conviction or order is made by one magistrte
and a warrant of distress or of commitment is granted
thereon by another magistrate bona fide and without collusion,
no action shall be brought against the magistrate who so
granted the warrant by reason of any defect in the conviction
or order, or for any want of jurisdiction in the magistrate
who made the same, but the action, if any, shall be brought
against the magistrate who made the conviction or order.

117.-(1) In any case where a magistrate refuses to do any
act relating to the duties of the office as such magistrate, it
shall be lawful for the party requiring such act to be done
to apply to the Full Court, on an affidavit of the facts, for a
rule calling upon such magistrate, and also the party to be
affected by such act, to show cause why such act should not
be done; and if, after due service of such rule, good cause
is not shown against it, the Full Court may make the same
absolute, with or without costs, as may seem meet.

(2) The magistrate, on being served with such rule
absolute, shall obey the same, and shall do the act required;
and no action or proceeding whatsoever shall be commenced
or prosecuted against the magistrate for having obeyed such
rule and done such act so thereby required as aforesaid.

118. In any case where a warrant of distress or warrant of
commitment is granted by a magistrate on any conviction or
order, which, either before or after the grantign of such
warrant, has been or is confirmed on appeal, no action shall
be brought against the magistrate who so granted the
warrant for anything which may have been done under the
same by reason of any defect in the conviction or order.

119. In any case where by this Ordinance it is enacted
that no action shall be brought in particular circum-
stances, if any such action is brought, it shall be lawful for a
judge, on summons taken out by the defendant and on an
affidavit of facts, to set aside the proceedings in the action,
with or without costs, as to him may seem meet.

120. No action shall be brought against any magistrate
for anything done by him in the execution of his office,
unless the same is commenced within six months next after
the act complained of has been committed.

121. No such action shall be commenced against any
magistrate until one month at least after a notice in writing
of such intended action has been delivered to him or left for
him at his usual place or abode by the party intending to
commence such action or by his solicitor, in which said
notice the cause of action shall be clearly and explicitly
stated; and on the back thereof shall be indorsed the name
and place of abode of the party so intending to sue, and also
the name and place of abode or of business of the said
solicitor, if such notice has been served by such solicitor.

122.-(1) In every such case, after notice of action has
been so given as aforesaid, and before the action is com-
menced, the magistrate to whom the notice is given may
tender to the party complaining or so his solicitor such sum
of money as he may think it as amends for the injury
complained of in the notice; and after the ction has been
commence, and at any time before it is placed in the general
hearing list, the defendant, if he has not made such tender
or in addition to such tender, shall be at liberty to pay into
court such sum of money as he may think fit.

(2) The said tender and payment of money into court or
either of them may afterwards be given in evidence by the
defendant at the trial; and if the judge or jury at the trial,
as the case may be, is or are of opinion that the plaintiff is
not entitled to damages beyond the sum so tendered or paid
into court, then he or they shall give judgement or a verdict
for the defendant, and the plaintiff shall not be at liberty to
elect to be nonsuit, and the sum of money, if any, so paid
into court, or so much thereof as may be sufficient to pay or
satisfy the defendant's costs in the behalf, shall thereupon
be paid out of court to him, and the residue, if any, to the
plaintiff.

(3) If, where money is so paid into court in any such
action, the plaintiff elects to accept the same in satisfaction
of his damages in the action, he may obtain from a judge an
order that such money shall be paid out of court to him, with
or without costs, in the discretion of the judge; and there-
upon the action shall be determined, and such order shall be
a bar to any other action for the same cause.

123. If, at the trial of any such action, the plaintiff does
not prove that the action was brought within the time herein-
before limited in that behalf, or that such notice as aforesaid
was given one month before the action was commenced, or if

he does not prove the cause of action stated in such notice,
then and in every such case the plaintiff shall be nonsuit or
there shall be a verdict and judgment for the defendant.

124. In any case where the plaintiff in any such action is
entitled to recover, and he proves the levying or payment of
any fine or sum of money under any conviction or order as
part of the damages which he seeks to recover, or if he
proves that he was imprisoned under such conviction or
order, and seeks to recover damages for such imprisonment,
he shall not be entitled to recover the amount of such fine or
sum so levied or paid, or any sum beyond the sum of five
cents as damages for such imprisonment, or any costs of suit
whatsoever, if it is proved that he was actually guilty of the
offence of which he was so convicted, or that he was liable
by law to pay the sum which he was so ordered to pay, and
(with respect to such imprisonment) that he had undergone
no greater punishment than that assigned by law for the
offence of which he was so convicted or for non-payment of
the sum which he was so ordered to pay.

PART VIII.

MISCELLANEOUS.

125. The rules in the Second Schedule shall be observed
in carrying into effect this Ordinance.

126.-(1) It shall be lawful for the Governor in Council
to make regulations as to the fees to be taken, if any, at the
magistrates' court in respect of any proceedings or of the
issuing, service, or execution of nay process or otherwise,
and as to the costs, if any, to be allowed for the attendance
of witnesses or for legal assistance or otherwise, and to fix a
scale of such fees and costs, and by regulation to exempt in
any particular class of cases from the payment of such fees
and costs or either of them.

(2) A table of the fees and costs in force shall be hung up
in some conspicuous part of the magistrates' court.

(3) It shall be lawful for any magistrate to refuse to do
any act for which any fee is payable unless such fee has been
paid; and if any such act is done and the fee due thereon is
not paid, it shall be lawful for any magistrate to summon the
person from whom such fee may be due and to recover the
same by warrant and distress in manner hereinbefore pro-
vided for the recovery of fines.
FIRST SCHEDULE. [s. 6.]

FORMS.

NOTE-These forms may be varied or added to as circumstances
may require, provided such variations are not inconsistent
with the requirements of this Ordinance.

PART I.

FORMS FOR SUMMARY OFFENCES.

FORM NO. 1 [ss. 10 and 62.]

Summons to the defendant on an information or complaint.

HONGKONG. IN THE POLICE COURT AT

To C.D., of , [labourer].

Information having this day been laid [or complaint having this day
been made, or whereas you have this day been charged] before the
undersigned, a magistrate of the said Colony, for that you [here state
shortly the matter of the information, complaint, or charge]: These are,
therefore, to command you, in His Majestry's name to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before
such magistrate as may then be there, to answer to the said information
[or complaint, or charge], and to be further dealt with according to law.
Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 2 [ss. 11 and 62.]

Warrant when summons is disobeyed.

HONGKONG. IN TE POLICE COURT AT

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

On the day of , 19 , information was
laid, [or complaint was made, or C.D. was charged] before the under-
signed, a magistrate of the said Colony, that C.D. [or he, the said C.D.]
[as in the summons]; and a summons was then issued by me to the said
C.D., commanding him, in His Majesty's name, to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before such
magistrate as might then be there, to answer to the said information
[or complaint, or charge], and to be further dealt with according to law;
and the said C.D. having neglected to be or appear at the time and
place so appointed in an by the said summons, although it has been
duly served on the said C.D.: There are, therefore, to command you, in
His Majesty's name, forthwith to apprehend the said C.D. and to bring
him before me or such magistrate as may them be sitting to answer to
then said information [or complaint, or charge], and to be further dealt
with according to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.
FORM NO. 3. [ss. 11, 62 and 64.]

Warrant in the first instance.

HONGKONG. IN THE POLICE COURT AT

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

Information having this day been laid [or C.D. having this day been
charged] before the undesigned, a magistrate of the said Colony, for
that C.D. [or he, the said C.D.][here state shortly the matter of the
information or charge]; and oath [or declaration] being now made before
me substantiating the matter of such information [or charge]: These
are, therefore, to command you, in His Majesty's name, forthwith to
apprehend the said C.D. and to bring him before a magistrate of the
said Colony to answer to the said information [or charge], and to be
further dealt with according to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

NOTE.-When the offence is committed on the high seas [or in foreign
parts] the warrant should describe the party injured to have been at the
time of the offence in the peace of the King.

FORM NO. 4. [s. 16.]

Warrant of committal for safe custody during on
adjournment of the hearing.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons.

On the day of , 19 , information was laid
[or complaint was made, or C.D. was charged] before the undersigned, a
magistrate of the said Colony for that [or as in summons], and the
hearing of the same having been adjourned to day, the
day of , 19 , at o'clock in the forenoon, it is
necessary that the said C.D should in the meantime be kept in safe
custody: These are, therefore, to command you, the said constables, in
His Majesty's name, forthwith to convey the said C.D. to the Gaol, and
there to deliver him to the Superintendent of Prisons, with this precept;
and you, the said Superintendent, to receive the said C.D. into you
custody in the Gaol, and there safely keep him until day, the
day of , 19 , when you are hereby
required to convey and have him at the time and place to which the
said hearing is so adjourned as aforesaid, at o'clock in the
noon of the same day, before me or such magistrate as may
then be there, to answer futher to the said information [or complaint,
or charge], and to be further dealt with according to law, unless you
shall be otherwise oredered in the meantime..

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923.
FORM NO. 5. [ss. 14, 16, 18, 25,
27, 31, 53 and 54.]

Recognizance conditioned for appearance or for doing some other thing.

HONGKONG. IN THE POLICE COURT AT

The day of , 19 .

We, the undersigned C.D., or , E.F., and ,
and G.H., of , severally acknowledge ourselves to owe to
Our Sovereign Lord the King the several sums following, namely, the
said C.D. as principal the sum of , and the said E.F. and
G.H. as sureties the sum of each, to be levied on our several
goods, lands, and tenements if the said C.D. fails in the condition here-
on indorsed.

Signed (where the taken orally) C.D.
E.F.; G.H.
Taken [orally] before me the day of , 19 .

[L.s.] (Signed.) Magistrate.

[or Superintendent of Police
or as the case may be.]

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the
within-bounden C.D. appears before such magistrate as may then be
sitting at the said police court on day, the day of
, 19 , at o'clock in the noon, to
answer [further] to the charge made against him by and to
be [further] dealt with according to law [or appears before such magistrate
as may then be sitting at for sentence when called upon,
or as the case may be] then the said recognizance shall be void, but
otherwise shall remain in full force.

NOTE. - Where the recognizance is taken orally omit the words the
undersigned and insert the word orally after taken.

FORM NO. 6. [s. 53.]

Notice of such recognizance to be given to the defendant and his surety.

HONGKONG. IN THE POLICE COURT AT

Take notice that you C.D. have undertaken in the sum of
and you E.F in the sum of that you C.D. appear personally on
day, the day of , 19 , at
o'clock in the noon, at the said police court, before such magistrate
as may then be there, to answer futher to a certain information [or
complaint] of A.B., the further hearing of which was adjourned to the
said time and place [or as the case may be], and unless you C.D. appear
accordingly, the recognizance entered into by you C.D. and by E.F. as
your surety will be forthwith enforced against you both.

Date this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 7. [ss. 14, 16, 18, 25 and 53.]

Certificate of forfeiture to be indorsed on recognizance.

the within-named C.D. not having appeared [or as the case may be]
at the time and plce in the said condition mentioned, it is hereby
certified that the within-writtne recognizance is forfeited.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 8 [s. 17.]

Summons to a witness

HONGKONG. IN THE POLICE COURT AT

To E.F. [address and description.]

Information having been laid [or complaint having been made, or C.D.
having been charged] before the undersigned, a magistrate of the said
Colony, for that [as in the summons to defendant]; and it having been
made to appear to me upon oath [or declaration] that you are likely to
give material evidence on behalf of the informant [or complainant,
of defendant, or accused] in this behalf: These are, therefore, to require
you to be and appear on day, the day of
, 198 , at o'clock in the noon, at the
said police court, before such magistrate as may then be there, to testify
what you shall know concerning the matter of the said information
[or complaint, or charge].
Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

NOTE.-The time of service of the summons is to be indorsed thereon.

FORM NO. 9. [s. 17.]

Warrant where a witness has not obeyed a summons.

HONGKONG. IN THE POLICE COURT AT

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

Information having been laid [or complaint having been made, or C.D.
having been charged] before the undesigned, a magistrte of the said
Colony, for that [as in the summons to defendant]; and it having been
made to appear to me upon oath [or declaration] that E.F. of [address
and description] was likely to give material evidence on behalf of the
informant [or complainant, or defendant, or accused] a summons was
duly issed by me to the said E.F. requiring him to be and appear on
day, the day of , 19 , at
o'clock in the noon, at the said police court before such magistrate
as might then be there, to testify what he should know concerning the
said C.D. or the matter of the said information [or complaint, or
charge]; and proof having this day been made before me upon oath [or
declaration] of such summons having been duly served on the said E.F.
and of a reasonable sum having been tendered to him for his costs and
expenses in that behalf; and the said E.F. having neglected to appear
at the time and place appointed by the said summons, and no just
excuse having been offered for such neglect: These are, therefore, to
command you to take the said E.F. and to brign and having him on
day, the day of , 19 , at
o'clock in the noon, at the said police court before such magistrate
as may then be there, to testify what he shall know concerning the matter
of the said information [or complaint, or charge.]

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

FORM NO. 10. [s. 17.]

Warrant for a witness in the first instance.

HONGKONG. IN THE POLICE COURT AT

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

Information havin gbeen laid [or complaint having been made, or C.D.
having been charged] before the undersigned, a magistrate of the said
Colony, for that [as in the summons to defendant]; and it being made to
appear before me upon oath [or declaration] that E.F., of
[labourer] is likely to give material evidence on behalf of the informant
[or complainant, or defendnat, or accused] in this matter, and it is
probable that the said E.F. will not attend to give evidence without
being compelled to do so: These are, therefore, to command you to
bring and have the said E.F. on day, the day of
, 19 , at o'clock in the noon, at
the said police court, before such magistrate as may then be there, to
testify what he shall know concerning the matter of the said information
[or complaint, or charge].

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 11. [ss. 17 and 69.]

Comitment of a witness refusing to be sworn or to give evidence.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and
to the Superintendent of Prisons.

Information having been laid [or complaint having been made, or A.B.
having been charged] before the undersigned, a magistrate of the said
Colony, for that [as in the summons to defendant]; and one E.F. no
appearing before me as such magistrte as aforesaid on day,
the day of , 19 , at the said police court,
and being required by me to make oath [or declartion] as a witness in
that behalf now refuses so to do [or being sworn as a witness in the
matter of the said information, or complaint, or charge] refuses to answer
certain question, without offering any just excuse for such his refusal:

As amended by Law Rev. Ord., 1923.
These are, therefore, to command you, the said constables to take the
said E.F. and him safely to convey to the Gaol, and there to deliver
him to the Superintendent of Prisons, together with this precept, and
you, the said Superintendent, to receive the sai E.F. into your custody
in the Gaol, and there imprison him for such his contempt for the space
of days, unless he shall in the meantime consent to be examined
and to answer concerning the premises; and for your so doing this
shall be your sufficient warrant.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 12. [ss. 14 and 70.]

Warrant to remand a defendant when apprehended.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and
to the Superintendent of Prisons.

Information having been laid [or complaint having been made, or C.D.
having been charged] before the undersigned, a magistrate of the said
Colony, for that [as in the summons or warrant]; and the said C.D.
being now brought before me as such magistrate as aforesadi under and
by virtue of a warrant upon such informaiton [or complaint, or change]:
These are, therefore, to comman you, the said constables, in His
Majesty's name, forthwith to convey the said C.D. to the Gaol and there
to deliver him to the Superintendent of Prisons, together with this
percept and you, the said Superintendent, to receive the said C.D. into
your custody in the Gaol, and there safely to keep him until
day, the day of , 19 , when you are hereby
commanded to convey and have him at the said police ocurt at
o'clock in the noon of the same day, before such magistrate
as may then be there, to answer to the said information [or complaint,
or charge], and to be further dealt with according to law.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

FORM NO. 13. [ss. 29 and 72.]

Minute and depositions of witnesses.

HONGKONG. IN THE POLICE COURT AT

Rex, on the information [or complaint] of A.B., versus C.D., &c.

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The examination of E.F., of [merchant], and G.H., of
[coolie], taken upon oath [or declaration] this
day of , 19 , at the said cour before the undersigned,
a magistrate of the said Colony, in the presence and hearing of C.D.
against whom information is laid [or complaint is made, or who is

As amended by Law Rev. Ord., 1923.
charged] by A.B. this day before [me], for that he, the said C.D., on the
day of , 19 , at [describing the offence as
in the information, summons, or warrant of commitment].

This doponent E.F. upon his oath [or declaration saith as follows:
[stating the deposition of the witness as nearly as possible in the words
he uses. When his deposition is complete, if the offence is an indictable
one, let him sign it].

And this deponent G.H. upon his oath [or declaration] saith as
follows: (etc.).

The above depositions of E.F. and G.H. were taken [and sworn] before
me at , on the day and year first above mentioned.

[L.S.] (Signed.) Magistrate.
___________
NOTE.-Where a fine is inflicted a memorandum of penalties paid into
court shall be added.


FORM NO. 14. [s. 23.]

Conviction for fine, etc., to be levied by distress, and, in default of
sufficient distress, imprisonment.

HONGKONG, IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence do forfeit and pay the sum of [state the fine, and also
the compensation, if any] to be paid and applied according to law and
also do pay to the said A.B. the sum of for his costs in
this behalf; and if the said several sums be not paid forthwith, [or in
or before the day of , 19 ,]* it is
further ordered that the same be levied by distress and sale of the
defendant's goods and chattels, and, in default of sufficient distress,
* it is adjudged that the defendant be imprisoned in the Gaol in the
said Colony, [and there kept to hard labour] for the space of
unless the said several sums and all costs and charges of the said
distress [and of the commitment and conveying of the defendant to the
said Gaol], shall be sooner paid.
[L.S.] (Signed.) Magistrate.
_______________
* Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, or where, in the opinion of the magistrate, it is in-
expedient to issue such warrant of distress, then instead of the words
between the asterisks* *say, then, inasmuch as it has now been made
to appear to me that the issuing of a warrant of distress in this behalf
would be ruinous to the defendant and his family, [or that the defend-
ant has no goods or chattels whereon to levy the said sums by distress]
or then inasmuch as I deem it inexpedient to issue such warrant of
distress.
FORM NO. 15. [ss. 23 and 35.]

Conviction for fine, to be levied by distress, and in default of sufficient
distress, imprisonment. Payment forthwith or by a
given day or by instalments.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
do for his said offence forfeit and pay to the magistrtes' clerk [or other
the person to whom payment is to be made] at the sum
of [amount of fine] and do also pay to the said A.B. the sum of
for compensation [if awarded] and for costs
[or without costs.*]
And it is ordered that the said sums be paid forthwith, [or on the
day of , 19 , or by instalment of
for every days, the first instalment to be paid forthwith or
on the day of , 19 ,] and if default is
made in payment according to this adjudication and order, it is ordered
that the sums due thereunder be levied by distress and sale of the
defendant's goods; and, in default of sufficient distress, it is adjudged
that the defendant be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of ,unless the said
sum, and all costs and charges of the said distress, shall be sooner paid.
[L.S.] (Signed.) Magistrate.
___________________
*Where the fine does not exceed two dollars, omit the direction to pay costs,
and insert the words without costs, unless costs are expressly ordered.

FORM NO. 16. [ss. 23, 35 and 39.]

Conviction for fine and, in default of payment, imprisonment.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of ,19 ,
at [state offence]: and t is adjudged that the defendant
for his said offence do forfeit and pay the sum of [state the fine and the
compensation, if any], to be paid and applied according to law, and also
do pay to the said A.B. the sum of to be paid for his
costs in this behalf; and if the said several sums are not paid forthwith
[or on or before the day of , 19 ], it is further
adjudged that the defendant be imprisoned in the Gaol in the said
Colony and there kept to hard labour [if so adjudged] for the space of
unless the said several sums shall be sooner paid.
[L.S.] (Signed.) Magistrate.
FORM NO. 17. [ss. 23 and 35.]
Conviction for fine, and, in default of payment, imprisonment.
Payment forthwith, or by a given day, or by instalments.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of ,10 .

C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of ,19 ,
at [state offence]; and it is adjudged that the defendant do for his
said offence forfeit and pay to the magistrates' clerk [or other the person
to whom payment is to be made] at the sum of [amount of fine],
and do also pay to the said A.B. the sum of for compensa-
tion [if awarded] and for costs [or without costs.*]

And it is ordered that the said sums be paid forthwith [or on the
day of , 19 , or by instalments of
for every days, the first instalment to be paid forthwith or
on the day of , 19 ]; and if default
is made in payment according to this adjudication and order, it is
adjudged that the defendant be imprisoned in the Gaol in the said
Colony [and there kept to hard labour] for the space of
unless the said sums shall be sooner paid.
[L.S.] (Signed.) Magistrate.
____________________
*Where the fine does not exceed two dollars, omit the direction to
pay costs, and insert the words without costs unless costs are expressly
ordered.

FORM NO. 18. [ss. 23 and 35.]
Conviction when the punishment is by imprisonment. Costs.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) in this day convicted befoe the
said court for that he, on the da of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of ; and
it is also adjudged that the defendant do pay to the said A.B. the sum of
for his costs in this behalf, and if the said sum for costs
be not paid forthwith [or on or before the day of
, 19 ]* then it is ordered that the said sum be levied by
distress and sale of the goods and chattels of the defendant and, in
default of sufficient distress in that behalf,* it is adjudged that the

defendant be imprisoned in the said Gaol [and there kept to hard labour]
for the space of to commence at and from the
termination of his imprisonment aforesaid, unless the said sum for costs
shall be sooner paid
[L.S.] (Signed.) Magistrate.
____________________
*Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, then, instead of the words between the asterisks * * say,
inasmuch as it has now been made to appear to me that the issuing of
a warrant of distress in this behalf would be ruinous to the defendant
and his family, [or that the defendant has not goods or chattels whereon
to levy the said sum for costs by distree].

FORM NO. 19. [s. 23.]
Conviction where punishment is by imprisonment. No costs.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 ,
at [state offence]; and it is adjudged that the defendant
for his said offence be imprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of
[L.S.] (Signed.) Magistrate.

FORM NO. 20. [ss. 23 and 35.]
Conviction or order where security is to be given for payment.
HONGKONG. IN THE POLICE COURT AT
[Proceed as in ordinary conviction or order down to direction as to time
of payment inclusive, and the, instead of inserting any direction as to
distress or imprisonment, proceed as follows]-
and it is ordered that be at liberty to give, to the
satisfaction of a magistrate [or such person as may be named], security
in the sum of , with two sureties [or one surety]
in the sum of [each], for teh payment of the said sums as
above directed.
[L.S.] (Signed.) Magistrate.

FORM NO. 21. [ss. 21, 23, 31 and 33.]
Conviction where defendant is discharged conditionally on
giving security to appear or to be of good behaviour.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, magistrate of the said Colony, sitting at the said
police court.
The day of , 19 .
C.D. (hereinafter called the defendant) is this day convicted before
the said court for that he, on the day of , 19 .
at [state offence]; but being of opinion that the said
offence was of so trifling a nature that it is inexpedient to inflict any
punishment [or any other than a nominal punishment], and the
defendant having given security, to my satisfaction [or to the
satisfaction of J.P., Esquire, a magistrate, &c.]to appear for sentence
when called upon [or to be of good behaviour], he is discharged; and
it is ordered that the defendant do pay to the said A.B.
for damages and for costs [if so ordered] forthwith [or
on or before the day of , 19 ,
or by instalments of for evey days, the first
instalment to be paid on or before the day of
19 ]; and if default is made [proceed as in conviction to be levied by
distress].

[L.S.] (Signed.) Magistrate.

FORM NO. 22 [s. 23.]

Order for payment of money, and in default of payment, imprisonment.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

A.B. having made complaint that C.D. (hereinafter called the defend-
ant) [state the facts entitling the complainant to the order with the time
and place when and where they occurred], and the parties aforesaid
having appeared [or the said A.B. having appeared but the defendant,
although duly called, not having appeared by himself or his counsel.
and it being now satisfactorily proved to me upon oath [or declaration]
that the defendant has been duly served, with the summons in this
behalf, which required him to be and appear here on this day before
such magistrte as might now be here; to answere to the said complaint
and to be further dealt with according to law]; and now, having heard
the matter of the said complaint, it is adjudged and ordered that the
defendant do pay to the said A.B the sum of forthwith,
[or on or before the day of , 19 , or as
the Ordinance or statute may require], and also do pay to the said A.B.
the sum of for his costs in this behalf; and if the said
several sums are not paid forthwith [or on or before the day of
, 19 ], it is adjudged that the defendant be
imprisoned in the Gaol in the said Colony [and there kept to hard
labour] for the space of unless the said several
sums shall be sooner paid.

[L.S.] (Signed.) Magistrate.

FORM NO. 23. [s. 23.]

Order for payment of money to be levied by distress, and, in
default of distress, imprisonment.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of ,19 .

A.B. having made a complaint that C.D. (hereinafter called the
defendant) [state the facts entitling the complainant to the order, with
the time and place when and where they occurred]; and the parties
aforesaid having appeared [or the said A.B. having appeared, but the
defendant, although duly called, not having appeared by himself or his
counsel, and it being now satisfactorily proved to me upon oath [or
declaration] that the defendant has been duly served with the summons
in this behalf, which required him to be and appear here on this day
before such magistrate as might now be here, to answer to the said
complaint, and to be further dealt with according to law]; and now,
having heard the matter of the said complaint, it is adjudged
and ordered that the defendant do pay to the said A.B. the sum
of forthwith, [or on or before the day of
,19 , or as the Ordinance or statute may require],
and also do pay to the said A.B. the sum of for his costs in
this behalf; and if the said several sums are not paid forthwith, [or
on or before the day of , 19 ,]* it is
ordered that the same be levied by distress and sale of the defendant's
goods an chattels, and, in default of sufficient distress in that behalf*
it is adjudged that the defendant be imprisoned in the Gaol in the said
Colony [and there kept to hard labour] for the space of
unless the said several sums, and all costs and charges of the said
distress, shall be sooner paid.
[L.S.] (Signed.) Magistrate.
________________
*Or, where the issuing of a distress warrant would be ruinous to the
defendant or his family, or it appears that he has no goods whereon to
levy a distress, then, instead of the words between the asterisk, * * say,
then, inasmuch as it has now been made to appear to me that the
issuing of a warrant of distress would be ruinous to the defendant and
his family [or that the defendant has no goods or chattels whereon
to levy the said sums by distress]

FORM NO. 24. [ss. 23 and 48.]

Order for any matter (other than the payment of a civil debt) where
disobedience to the order is punishable by imprisonment.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrte of the said Colony, sitting at the
said police court.

The day of , 19 .


A.B., having made a complaint that C.D. (hereinafter called the
defendant) [state the facts entitling the complainant to the order, with
the time and place when and where they occurred]; and the parties
aforesaid having appeared [or the said A.B. having appeared but the
defendant, although duly called, not having appeared by himself or his
counsel and it being now satisfactorily proved to me upon oath [or
declaration] that the defendant has been duly served with the summons
in this behalf which required him to be and appear here on this day
before such magistrate as might now be here, to answer to the said
complaint, and to be further dealt with according to law] and now,
having heard the matter of the said complaint, it is adjudged and
ordered that the defendant do [state the matter required to be done];
and if, on a copy of minute of this order being served on the defendent,
either personally or by leaving it for him at his last or most usual place
of abode, he refuses or neglets to obey this order, then it is adjudged
that the defendant for such his disobedience be imprisoned in the
Gaol in the said Colony [and there kept to hard labour] for the space
of unless the said order shall be sooner obeyed
[if the Ordinance or statute authorises this]; and it is also adjudged and
ordered that the defendant to pay to the complainant the sum of
for his costs in this behalf forthwith [or on the day
of , 19 , or by instalments, etc.]; and if default is
made in payment according to this adjudication and order, it is ordered
that the sum due thereunder be levied by distress and sale of the
defendant's goods; and, in default of sufficient distress, it is adjudged
that the defendant be imprisoned in the said Gaol [and there kept to
hard labour] for the space of , to commence at and from the
termination of his imprisonment aforesaid, unless the said sum, and all
costs and charges of the said distress, shall be sooner, paid.

[L.S.] (Signed.) Magistrate.

FORM NO. 25. [ss. 15 and 23.]

Order of dismissal of an information or complaint.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of ,19 .

Information was laid [or complaint was made] before the undersigned
for that, etc. [as in the summons to the defendant] and both the said
parties having appeared before me in order that I should hear and
determine the said information [or complaint][or the defendant having
appeared before me, but the said A.B., although duly called, not having
appeared]; and the matter of the said information [or complaint] being
by me duly considered, it manifestly appears to me that the said
information [or complaint] is not proved, and it is therefore dismissed;
and it is adjudged that the said A.B. to pay to the defendant the sum
of for his costs incurred by him in his defence in
this behalf; and if the said sum for costs is not paid forthwith, [or on or
before the day of , 19 ,] it is ordered that
the same be levied by distress and sale of the goods and chattels of the
said A.B., and in default of sufficient distress in that behalf it is
adjudged that the said A.B. be imprisoned in the Gaol in the said Colony
[and there kept to hard labour] for the space of ,unless
the said sum for costs, and all costs and charges of the said distress,
shall be sooner paid.

[L.S.] (Signed.) Magistrate.

FORM NO. 26. [ss. 23 and 31.]

Order dismissing information or complaint and directing
person charged to pay damages.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) has been charged on the
information [or complaint] of A.B. for that he, on the day of
, 19 , at [state offence]; and being
of opinion that though the said charge is proved, the offence was of so
trifling a nature that it is inexpedient to inflict any punishment, I do
therefore hereby dismiss the said information [or complaint].

[If payment of damages or costs is ordered proceed as follows]:-
and it is ordered that the defendant do pay to the said
A.B. for damages and for costs; and it is ordered
that the said sums be paid forthwith [or on or before the day of
,19 , or by instalments of for every
days, the first instalment to be paid forthwith, [or on or
before the day of , 19 ,]: and if default is
made [proceed as in form of conviction for fine to be levied by distress].

[L.S.] (Signed.) Magistrate.

FORM NO. 27. [ss. 23 and 50.]

Order to enter into recognizance to keep the peace
or to be of good behaviour.

HONGKONG. IS THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

A.B. having made complaint that C.D. (hereinafter called the defendant)
[state the facts entitling the complainant to the order, with the time and
place when and where they occurred]; and the defendant having appeared.
and on hearing the matter of the complaint, it is day adjudged and
ordered that the defendant do forthwith duly enter into a recognizance
in the sum of with suret in the sum of
[each] to keep the peace and be of good behaviour towards His
Majesty and all his liege people, and especially towards the complainant,
for the term of now next ensuing: and, if the defendant
fails to comply with this order it is adjudged that he be imprisoned in
the Gaol in the said Colony for the space of , unless he
shall sooner comply with this order.

[If costs are ordered proceed as follows]:-

and it is also adjudged and ordered that the defendant do pay to the
said A.B. the sum of for costs forthwith [or on or before the
day of , 19 , or by instalments, etc.];
and if default is made in payment according to this adjudication and
order, it is ordered [proceed as in form of conviction for fine to be
levied by distress.]

[L.S] (Signed.) Magistrate.

FORM NO. 28. [ss. 23, 50 and 54.]

Recognizance conditioned to keep the peace or to be of good
behaviour or not to do or commit some act or thing.

We, the undersigned C.D., of , E.F., of , and
G.H., of , severally acknowledge ourselves to owe to Our
Sovereign Lord the King the several sums following, namely,. the said
C.D. as principal the sum of , and the said E.F. and G.H. as
sureties the sum of each, to be levied on our several goods,
lands, and tenements if the said C.D. fails in the condition hereon
indorsed.

(Signed.) (where not taken orally).

C.D., Defendant.
E.F.,} Sureties.
G.H.,}

Taken (orally) before me the day of , 19.
[L.S.] (Signed.) Magistrate.
[or Superintendent of Prisons,
or as the case may be].

CONDITION INDORSED.

The condition of the within-written recognizance is such that if the
within-bounden C.D. keeps the peace and is of good behaviour towards
His Majesty and all his liege people, and especially towards
of , for the term of now next ensuing [or abstains
from doing the thing forbidden, or as the case may be], then the said
recognizance shall be void, but otherwise shall remain in full force.
_________

NOTE.-Where the recognizance is taken orally, omit the words the
undersigned, and insert the word orally after taken.


As amended by Law Rev. Ord., 1923.
FORM NO. 29. [ss. 23 and 54.]

Sumons to person bound by recognizance which is alleged to have
been forfeited by conviction of principal.

HONGKONG. IN THE POLICE COURT AT

To C.D. of

You are hereby summoned to appear before me, the undersigned, a
magistrate of the said Colony, sitting at , on the day of
, 19 , at o'clock in the noon or
before such magistrate as may then be there, to show cause why the
recognizance entered into on the day of , 19 ,
whereby you are bound to pay the sum of should not be
adjudged to be forfeited, and why you should not be adjudged to pay that
sum.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 30. [ss. 23 and 54.]

Adjudication of forfeitur of recognizance where person bound as
principal has been convicted of an offence which is a breach of the condition.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. (hereinafter called the defendant) was by his recognizance
entered into the day of , 19 , bound in
the sum of the condition of the recognizance being
that , of , should [state condition of recognizance];
and proof having been given that the said has been convicted
of the offence of having [state offence], being an offence which is in law
a breach of the condition of the said recognizance; Therefore it is
adjudged that the said recognizance is forfeited, and that the defendant
do pay to the magistrates' clerk [or other person specified] the said sum
of and do also pay to the sum of
for costs; and it is ordered that the said sums be paid forthwith [or on
or before the day of , 19 , or by instalments
of for every days, the first instalments to be paid
forthwith or on or before the days of , 19 ];
and if default is made in payment according to this adjudication and
order, it is ordered [proceed as in conviction for fine to be levied by
distress.]

[L.S.] (Signed.) Magistrate.

FORM NO. 31. [ss. 23 and 54.]

Order cancelling or mitigating forfeiture of recognizance.
(To be indorsed on recognizance).

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

A warrant of distress was, on the day of , 19 .
issued for levying the sum of declared to be forfeited
under the within-written recognizance, but no goods have been sold
thereunder; and the said has applied to me, the undersigned,
to cancel [or mitgate] the forfeiture of the said recognizance, and has
given security to my satisfaction for the future performance of the
condition of the said recognizance, and has paid [or given security for
payment of] the costs incurred in respect of the forfeiture thereof [or
insert such other condition as the magistrate may think just]: Therefore
the said forfeiture is hereby cancelled [or mitigated to the sum of ].

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 32. [ss. 23 and 51.]

Summons to attend an application for varying or
dispensig with sureties.

HONGKONG. IN THE POLICE COURT AT

To A.B., of

You are hereby summoned to appear before a magistrate of the said
Colony sitting at on day the day of ,
19 , at o'clock m. in the noon, to show cause
why the amount for which it is proposed that the suret of
should be bound should not be reduced [or why the
obligation of to find a surety [or sureties] should not be
dispensed with].

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 33. [s. 51.]

Order varying order for sureties.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. has been, under a warrant of commitment dated the day of
, 19 , and issued by this court committed to prison
for default in finding sureties [or a surety] in the sum of ,
and, on new evidence having been produced to me [or on proof of a

change of circumstance having been given to me], it seems to me just to
vary, in manner hereinafter appearin, the order under which the said
warrant was issued: Therefore it is ordered that the amount for which
it is proposed that the surety [or sureties] of the said C.D. should be
bound be reduced to [or that the obligation of the said C.D.
to find a surety [or sureties be dispensed with][or as may be directed].

[L.S.] (Signed.) Magistrate.

FORM NO. 34. [s. 53.]

Oral or written acknowledgment of undertaking to pay a
sum adjudged by a conviction.

HONGKONG. IN THE POLICE COURT AT

C.D. (hereinafter called the defendant) was thid day [or was on the
day of , 19 ,] convicted before the said court for
that he, on the day of , 19 , at [state
offence]; and it was adjudged by the said conviction that the defendant
should pay [as is the conviction]; and it was thereby ordered that the
defendant should be at liberty to give, to the satisfaction of a magistrate
of the said Colony [or as in the conviction], security in the sum of
with suret in the sum of [each] for the payment of
the said sum at the time and in the manner by the said conviction
directed: Now therefore I, the said defendant, as principal, and we, E.F.,
of , and G.H., of , as sureties [or I, E.F.,
of , as surety] hereby undertake that the defendant will
pay the sum adjudged by the said conviction at the time and in the
manner thereby directed; and I, the said defendant, and we [or I,] the
said sureties [or surety], hereby severally acknowledged ourselves bound
to forfeit and pay to the magistrates' clerk [or other person specified] the
sum of in case the defendant fails to perform this undertaking.
(Signed.) (where not taken orally)

C.D., Defendant.
E.F.,} Sureties.
G.H.,}

Taken (orally) before me the day of , 19 .
(Signed.) Magistrate.

FORM NO. 35. [s. 54.]

Oral or written acknowledgment of undertaking to perform
condition of forfeited recognizance.

HONGKONG. IN THE POLICE COURT AT

C.D. was by his recognizance entered into the day of
, 19 , bound in the sum of , the condition
of the recognizance being that should [state condition of
recognizance]; and, default having been made in the performance of
this condition, the recognizance was on the day of ,
19 , declared to be forfeited, and the said C.D. not having paid the
said sum, a warrant of distress was on the day of
, 19 , issued for recovery thereof, but no goods have been
sold under the warrant; and the said C.D. has applied to the under-
signed magistrate of the said Colony to cancel or mitigate the forfeiture:
Now therefore I, the said C.D., as principal, and we E.F. of ,
and G.H., of , [or I, E.F., of .] as sureties [or surety],
hereby undertake that the condition of the said recognizance shall be
duly performed, [and that the said shall, on or before the
day of , 19 , pay the sum of for
costs incurred in respect of the said forfeiture]; and I, the said principal,
and we [or I] the said sureties [or surety], hereby severally
acknowledge ourselves bound to forfeit and pay to the magistrates' clerk
[or other person specified] the sum of in case the said principal
fails to perform the condition of the said recognizance.

(Signed.) (where not taken orally)

C.D., Defendant.

E.F.,} Sureties.
G.H.,}

Taken (orally) before me the day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 36. [s. 24.]

Declaration of service of summons or other document.

I, , of , hereby solemnly declare that I did, on
day, the day of , 19 , serve
, of , with the [warrant, summons, notice process
or other document] now shown to me, marked A, by delivering a true
copy therof at being his last [or most usual]
place of abode.

Taken the day of , 19 , before me.

[L.S.] (Signed.) Magistrate. [or Justice of the Peace.]

FORM NO. 37. [s. 24.]

Declaration as to handwriting and seal.

I, , of , hereby solemnly declare that the signature
to the document now produced and shown to me, and marked
A is in the proper handwriting of , of ,
[and that the seal on the said document is the proper seal of ].

Taken the day of , 19 , before me.

[L.S.] (Signed.) Magistrate. [or Justice of the Peace.]
FORM NO. 38. [s. 81.]

Order for restitution of property.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony, sitting at the
said police court.

The day of , 19 .

C.D. was charged before me, a magistrate of the said Colony, for that
he, on the day of , 19 , at ,
[state offence and describe goods as in conviction], and having dealt with
the case summarily, the said C.D. has been this day convicted before me
of the offence with which he was so charged; and it is proved to me
that the said goods are now in the possession of , of
: Therefore it is hereby ordered that the said
do forthwith restore the said goods to the said , the
owner thereof.
[L.S.] (Signed.) Magistrate.

FORM NO. 39. [s. 15.]

Certificate of dismissal.

HONGKONG. IN THE POLICE COURT AT

I hereby certify that an information [or complaint] preferred by A.B.
against C.D., for the [etc., as in the summons to defendant], was this
day considered by me, a magistrate of the said Colony, and was by me
dismissed [with costs].

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 40. [s. 39.]

Warrant of distress on conviction for fine, with or without costs
or damages, or for costs or damages without fine.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was on the day of
, 19 , convicted before the said court for that he, on the
day of , 19 , at , [state offence];
and it was adjudged that the defendant should for his said offence
forfeit and pay* [amount of fine], and should also pay to the said
the sum of for compensation and for costs
and it was ordered that the said sums should be paid [etc., as in the
conviction]; and that if default should be made in payment according
to the said adjudication and order, the sum due thereunder should be
levied by distress and sale of the defendant's goods; and default has
been made in payment according to the said adjudication and order:
Therefore you are hereby commanded forthwith to make distress of the
goods of the defendant (except the wearing apparel and bedding of him
and his family, and, to the value of twenty-five dollars, the tools and
implements of his trade); and if, within the space of
days next after the making of such distress, the sum of
being the sum stated at the foot of this warrant to be due under the
said adjudication and order, together with the reasonable costs and
charges of the making and keeping of the said distress be not paid,
then to sell the said goods by you distrained, and pay the money
arising therefrom to the magistrates' clerk, in order that it may be
applied according to law, and that the overplus, if any, may be rendered
on demand to the defendant; and if no such distress can be found, to
certify the same to the said court, in order that further proceedings
may be had according to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

$ c.
Amount adjudged, .....................
Paid, ................................
___________
Remaining due, .......................
Costs of issuing warrant, ............
___________
Total amount to be levied, ...

* Omit direction as to payment of fine, or compensation, or costs, as
the case may require.

N.B. -The goods are not to be sold until after the end of five clear
days next following the day on which they are seized, unless the
defendant consents or unless the goods are perishable.

FORM NO. 41. [s. 39.]

Warrant of distress on an order for the payment of any sum of money.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , it was adjudged and
ordered by the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, that C.D. (hereinafter called the defendant) should pay
to the sum of and the sum of for
costs [or as the case may be], on or before the day of
, 19 , [or as ordered]; and that, if default
should be made in payment according to the said adjudication and
order, the sum due thereunder should be levied by distress and sale
of the defendant's goods; and default has been made in payment
according to the said adjudcation and order: Therefore you are
hereby commanded [proceed as in warrant of distress on conviction for
fine.]
FORM NO. 42. [s. 44.]

Warrant of distress for costs on a conviction where the
offence is punishable by imprisonment.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D., of , [labourer,] (hereinafter called the defendant)
was, on the day of , 19 , convicted before
the said court for that [state the offence as in the conviction], and it was
adjudged that the defendant for his said offence should be imprisoned
in the Gaol in the said Colony [and there kept to hard labour] for the
space of ; and it was also adjudged that the defendant
should pay to the said A.B. the sum of for his costs in
that behalf; and it was ordered that if the said sum of
for costs should not be paid [forthwith], the same should be levied by
distress and sale of the defendant's goods and chattels; and it was
adjudged that, in default of sufficient distress in that behalf, the
defendant should be imprisoned in the said Gaol [and there kept to
hard labour] for the space of , to commence at and
from the termination of his imprisonment aforesaid, unless the said
sum for costs, and all costs and charges of the said distress, should be
sooner paid; but the defendant having made default in the payment
of the said sum of for costs: These are, therefore, to
command you, in His Majesty's name, that you forthwith make
distress of the defendant's goods and chattels, and if, within the space
of days next after the making of such distress the said last-
mentioned sum, together with the reasonable charges of taking and
keeping the said distress, shall not be paid, that then you sell the said
goods and chattels so by you distrained, and pay the money arising
from such sale to the magistrate's clerk, that he may pay the same as
by law directed, and may render the overplus, if any, on demand, to
the defendant, and if no such distress can be found, that then you
certify the same to the said court, in order that further proceedings
may be had according to law.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.

FORM NO. 43. [s. 44.]

Warrant of distress for costs on an order where the disobeying
of the order is punishable with imprisonment.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , complaint was
made before the undersigned [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order] and on the day of
, 19 , at , the said parties having
appeared before me, [or the said J.P., Esquire, or as it may be in the
order] upon consideration of the matter of the said complaint, it was
adjudged that the defendant should [etc., as in the order]; and that if,
upon a copy of the minute of that order being served on the defendant
either personally or by leaving the same for him at his last or most
usual place of abode he should refuse or neglect to obey the same,
the defendant for such his disobedience should be imprisoned in the
Gaol in the said Colony [and there kept to hard labour] for the space
of unless the said order should be sooner obey; and also
that the defendant should pay to the said A.B. the sum of
for his costs in that behalf: and it was ordered that if the said sum
for costs should not be paid [forthwith], the same should be levied
by distress and sale of the defendant's goods and chattels; and, it was
adjudged that, in default of sufficient distress in that behalf the
defendant should be imprisoned in the said Gaol [and there kept to hard
labour] for the space of , to commence at and from the
termination of his imprisonment aforesaid unless the said sum for
costs, and all costs and charges of the said distress, should be sooner
paid; and whereas after the making of the said order a copy of the
minute thereof was duly served on the defendant, but he did not then
pay, nor has he paid, the said sum of for costs but therein
has made default: These are, therefore, to command you, in His
Majesty's name, that you forthwith make distress of the defendant's
goods and chattels, and if, within the space of days next
after the making of such distress, the said last-mentioned sum together
with the reasonable charges of taking and keeping the said distress
shall not be paid, that then you sell the said goods and chattels so by
you distrained, and pay the money arising from such sale to the
magistrates' clerk, that he may pay the same as by law directed, and
may render the overplus, if any, on demand, to the defendant, and, if
no such distress can be found, then that you certify the same to the
said court, in order that further proceedings may be had according
to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 44. [s. 59.]

Warrant of distress for costs on an order for dismissal
of an information or complaint.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of office where the person executing is not a
constable] and to each and all of the constables of the said Colony.

On the day of , 19 , information was laid
[or complaint was made] before the undersigned [or J.P., Esquire,]
a magistrate of the said Colony, for that [etc., as in the order of
dismissal]; and afterwards, on the day of
19 , both parties having appeared before me [or the said J.P.,
Esquire,] and the case havin gbeen duly heard and considered, and
the said information [or complaint] not having been proved, it was
therefore dismissed; and it was adjudged that the said A.B. should
pay to the defendant the sum of for his costs incurred by
him in his defence in that behalf; and it was ordered that if the said
sum for costs should not be paid [forthwith], the same should be levied
by distress and sale of the goods and chattels of the said A.B., and
it was adjudged that, in default of sufficient distress in that behalf,
the said A.B. should be inprisoned in the Gaol in the said Colony [and
there kept to hard labour] for the space of
unless the said sum for costs, and all costs and charges of the said
distress, should be sooner paid; and the said A.B. having now made
default in the payment of the said sum for costs: These are, therefore,
to command you, in His Majesty's name, that you forthwith make
distress of the goods and chattels of the said A.B., and if, within the
space of days next after the making of such distress
the said last-mentioned sum, together with the reasonable charges of
taking and keeping the said distress, shall not be paid, that then you
sell the said goods and chattels so by you distrained, and pay the
money arising from such sale to the magistrates' clerk, that he may
pay the same as by law directed, and may render the overplus, if any,
on demand to the said A.B., and if no such distress can be found, then
that you certify the same to the said court, in order that further
proceedings may be had according to law.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 45. [s. 31.]

Warrant of distress where the charge is dismissed, but the person
charged is ordered to pay damages, or costs, or both.

HONGKONG. IN THE POLICE COURT AT

The day of , 19 .

C.D. (hereinafter called the defendant) was charged for that he, on
the day of , 19 , at ,
[state offence]; and on the hearing of the said charge, on the
day of , 19 , before the undersigned [or J.P.,
Esquire,] a magistrate of the said Colony, the magistrate being of
opinion that, though the charge was proved, the offence was in the
particular case of so trifling a nature that it was inexpedient to inflict
any punishment, dismissed the information but ordered that the
defendant should pay to *for damages and* +for costs+;
and it was ordered that the said sums should be paid [as in order];
[Proceed as in warrant of distress on conviction for fine.]

* Where no order to pay damages, omit words between asterisks.
+ Where no order to pay costs, omit words between daggers.
In either case substitute sum for sums.
FORM NO. 46. [s. 54.]

Warrant of distress for sum due under recognizance declared to be forfeited.

HONGKONG. IN THE POLICE COURT AT

[To insert names, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. was, by his recognizance entered into on the day
of , 19 , bound in the sum of , the
condition of the recognizance being that should [state
condition of recognizance], and, default having been made in compliance
with the said condition, the said recognizance was, on the day
of , 19 , declared by the undersigned [or
J.P., Esquire,] a magistrate of the said Colony to be forfeited; and
the said has made default in payment of the sum due under
the said recognizance: Therefore you are hereby commanded forth-
with to make distress of the goods of the said , except
the wearing apparel and bedding of him and his family, and, to the
value of twenty-five dollars, the tools and implements of his trade, and
if, within the space of * days next after the making of such
distress, the sum of , being the sum state at the foot of
this warrant to be due under the said recognizance, together with the
reasonable costs and charges of the making and keeping of the said
distress, be not paid, then to sell the said goods by you distrained and
pay the money arising therefrom to the magistrates' clerk, in order
that is may be applied according to law, and that the overplus, if any,
may be rendered on demand to the said , and if no such
distress is found, to certify the same to the said court, in order that
further proceedings may be had according to law.

Dates this day of , 19 .

[L.S.] (Signed.) Magistrate.


$ c.
Amount due under recognizance, ...............
Paid, ........................................
___________
Remaining due, ...............................
Costs of issuing warrant, ....................
___________
Total amount to be levied, ..........$

* N.B.-The goods are not to be sold until after the end of five clear
days next following the day on which they are seized, unless the owner
consents or unless the goods are perishable.
FORM NO. 47. [s. 54.]

Warrant of distress for sum due under recognizance adjudged
to be forfeited by conviction of principal.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was, by his recognizance
entered into on the day of , 19 ,
bound in the sum of , the condition of the recognizance
being that should [state condition of recognizance]; and the
said having been convicted of the offence of having [state
offence], being an offence which is in law a breach of the said condition,
it was , on the day of , 19 , adjudged
by the undersigned [or J.P., Esquire,] a magistrate of the said Colony,
that the said recognizance shoul be forfeited, and that the defendant
should pay to the magistrates' clerk the said sum of , and
should also pay the sum of for costs; and it was ordered
that the said sum should be paid [as in order], and that, if default
should be made in payment according to the said adjudication and
order, the sum due thereunder should be levied by distress and sale of
the defendant's goods; and default has been made in payment
according to the said adjudication and order: Therefore you are hereby
commanded [proceed as in warrant of distress for fine].

FORM NO. 48. [s. 53.]

Warrant of distress for sum due by a principal in pursuance of a
forfeited security for payment of a sum adjudged by a conviction.

HONGKONG. IN THE POLICE COURT AT

To [insert name, etc., of officer where the person executing is not a
constable] and to each and all of the constables of the said Colony.

C.D. (hereinafter called the defendant) was, on the day
of , 19 , convicted before the said court for
that he, on the day of , 19 , at ,
[state offence]; and it was adjudged by the said conviction that the
defendant should pay [as in the conviction]; and it was ordered that the
defendant should be at liberty to give, to the satisfaction of a magistrate
of the said Colony [or as in the conviction], security with
suret for the payment of the said sum at the time and in the
manner by the said conviction directed; and the defendant and
and his sureties [or surety] undertook that the defendant
would pay the said sum at the time and in the manner so directed,
and [severally] acknowledged themselves [or himself] bound to forfeit
and pay to the sum of in case the defendant
failed to make payment as so directed; and it appears to me that the
sum of due by the defendant in pursuance of the said under-
taking has not been paid and has been forfeited: and notice of the
said forfeiture has been duly served on the defendant: Therefore you
are hereby commanded [proceed as in warrant of distress on conviction
for fine, substituting for the words being the sum stated at the foot of
this warrant to be due under the said adjudication and order the words
being the sum stated at the foot of this warrant to be due in
pursuance of the said undertaking, and stating the amount at the foot
as amount due in pursuance of the said undertaking].

FORM NO. 49. [s. 41.]

Return to a warrant of distress.

HONGKONG. IN THE POLICE COURT AT

I, W.T., do hereby certify to the said court that by virtue of this
warrant I have made dilligent search for the goods and chattels of the
within-mentioned defendant, and that I can find no sufficient goods or
chattels of the defendant whereon to levy the sums within-mentioned.
Dated this day , 19 .
(Signed.)

FORM NO. 50. [s. 47.]

Account of costs and charges incurred in respect of the
execution of a warrant of distress.

HONGKONG. IN THE POLICE COURT AT

In the matter of an information [or a complaint] by
I, , of , the constable charged with the execution of
the warrant of distress upon the goods of , dated the
day of , 19 , hereby declare that the following is a
true account of the costs and charges incurred in respect of the execution
of the said warrant.

$ c.
__________
Total, ........
==========

FORM NO. 51. [s. 43.]

Warrant of commitment in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the Superin-
tendent of Prisops in the said Colony.

C.D., late of , [labourer] (hereinafter called the defendant)
was on this day duly convicted before the said court for that [state the
offence as in the conviction]; and it was thereby adjudged that the

As amend by Law Rev. Ord., 1923.
defendant for his said offence should forfeit and pay the sum of
,[etc., as in the covition,] and should pay to the said
A.B. the sum of for costs; and it was thereby adjudged
that, if the said several sums should not be paid [forthwith], the
defendant should be imprisoned in the Gaol [and there kept to hard
labour] for the space of , unless the said several sums
should be sooner paid; and whereas the time in and by the said
conviction appointed for the payment of the said several sums has
elapsed, but the defendant has not paid the same or any part thereof,
but therein has made default: These are, therefore, to command you,
the said constables, to take the defendant and convey him to the Gaol,
and there to deliver him to the said Superintendent, to receive the defendant
into your custody in the Gaol and there to imprison him [and keep him
to har labour] for the space of , unless the said several
sums shall be sooner paid; and for your so doing this shall be your
sufficient warrant.

Dated the day of , 19
[L.S.] (signed.) Magistrate.


FORM NO. 52. [s. 43.]

Warrant of commitment on an order in the first instance.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

On the day of , 19 , complaint was
made before the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order], and afterwards, to wit, on
the day of ,19 , the parties appeared
before me, [or J.P., Esquire,] the said magistrate, and thereupon,
having considered the matter of the said complaint, it was adjudged
that the defendant should pay to the said A.B. the sum of
on or before the day of ,19 , and also
should pay to the said A.B. the sum of for costs; and it was
also thereby adjudged that, if the said several sums should not be paid
on or before the day of ,19 , the defendant
should be imprisoned in the Gaol [and there kept to hard labour] for
the space of , unless the said several sums should be sooner
paid; and whereas the time in and by the said order appointed for the
payment of the said several sums of money has elapsed, but the
defendant has not paid the same but therein has made default: These
are, therefore, to command you, the said constables, to take the
defendant and convey him to the Gaol, and there to deliver him to the



As amended by Law Rev. Ord., 1923.
said Superintendent, together with this warrant; and you, the said
Superintendent, to receive the defendant into your custody in the Gaol
and there to imprison him [and keep him to hard labour] for the space
of , unless the said several sums shall be sooner paid;
and for your so doing this shall be your sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM NO. 53. [ss.41 and 42.]

Warrant of commitment for want of distress.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

[Proceed as in warrant of distress down to commanding part, and close
thus]:-

and on the day of ,19 , a
warrant of distress was handed for execution to , a
constable of the said Colony, commanding him to levy the sum of [state
sum directed to be levied] by distress and sale of the defendant's goods;
and it now appears, as well by the return of the said constable to the
said warrant of distress as otherwise, that he has made diligent search
for the defendant's goods but theat no sufficient distress whereon to levy
the said sum could be found; These are, therefore, to command you,
the said constables, to take the defendant and convey him to the Gaol,
and there to deliver him to the said Superintendent, together with this
warrant; and you, the said Superintendent, to receive the defendant
into your custody in the Gaol and there to imprison him [and keep him
to har labour] for the space of unless the said sum,
and all the cost and charges of the said distress, shall be sooner paid;
and for your so doing this shall be your sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM NO. 54. [s.40.]

Warrant of commitment pending return to warrant of distress.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

C.D. (hereinafter called the defendant) was, on the day
of , 19 , [or this day] convicted before the said
court for that he [state the offence as in the conviction]; and default
has been made in payment accounding to the said adjudication and
order; and a warrant of distress has been issued against the defendant

As amended by Law Rev. Ord., 1923.
in pursuance of the said conviction, but no return has been made
thereto; and the defendant has not given sufficient security, to the
satisfaction of this court, for his appearance at the time and place
appointed for the return of the said warrant: These are, therefore, to
command you, the said constables, to tkae the defendant and convey
him to the Gaol, and there to deliver him to the said Superintendent
together with this warrant; and you the said Superintendent, to receive
the defendant into your custody in the Gaol and there to keep and
detain him until the day of ,19 ,
being the day appointed for the return of the said warrant, unless
he previously enters into a recognizance in the sum of $ , with
Suret in the sum of $ [each] conditioned for his
appearance on that day; and on that day, if such recognizance has
not been entered into, to convey and have him before a magistrate of
the sid Colony at the said police court, at o'clock in
the noon, to be further dealt with according to law; and
for your so doing this shall be your sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.



FORM NO. 55. [s.44.]

Warrant of commitment on a conviction where the
punishment is by imprisonment.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

C.D. (hereinafter called the defendant) has been this day convicted
before the said court for that he [state the offence as in the coviction];
and it has been adjudged that the defendant be for his said offence
imprisoned in the Gaol [and there kept to hard labour] for the space
of ; These are, therefore, to command you, the said
constables, to take the defendent and convey him to the Goal, and there
to deliver him to the said Superintendent, together with this warrant;
and you, the said Superintendent, to receive the defendant into your
custody in the Gaol and there to imprison him [and keep him to har
labour] for the space of ; and for you so doing this
shall be your sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923.
FORM NO. 56. [s. 44.]

Warrant of commitment on an order where disobedience to the
order is punishable by imprisonment.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

On the day of ,19 , complaint was
made before the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, for that [etc., as in the order]; and afterwards, to wit, on
the day of ,19 , at ,
the said parties appeared before me [or as in the order]; and therupon,
having considered the matter of the said complaint, it was ordered that
the defendant should [as in the order]; and it was adjudged that if,
upon a copy of the minute of that order being duly served on the
defendant, either personally or by leaving the same for him at his last
or most usual place of abode, he should refuse or neglect to obey, the
same, in such case the defendant for such his disobedience should be
imprisoned in the Gaol [and there kept to hard larbour] for the space of
, unless the said order should be sooner obeyed; and it
having been now proved to me that, after the making of the said order,
a copy of the minute thereof was duly served on the defendant, but he
then refused [or neglected] to obey the same, and has not as yet obeyed
the same: These are, therefore, to command you, the said constables,
to take the defendant and convey him to the Gaol, and there to deliver
him to the said Superintendent, together with this warrant; and you,
the said Superintendent, to receive the defendant into your custody
in the Gaol and there to imprison him [and keep him to hard labour]
for the space of ; and for your, so doing this shall be your
sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM nO. 57. [ss. 39 and 44.]

Warrant of commitment for want of distress in either of the cases
mentioned in Forms Nos. 41 and 42.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
superintendent of Prisons in the said Colony.

[Recite the conviction or order and then proceed thus]:-and whereas
afterwards, on the day of ,19 , a warrant
of distress was issued against the defendant in pursuance of the said
conviction [or order]: and it having been made to appear to me, as
well by the return to the said warrant of distress as other-
wise, that diligent search for the defendant's goods and chattels has

As amended by Law Rev. Ord., 1923.
been made, but that no sufficient distress whereon to levy the sum above
mentioned could be found: These are, therefore to command you, the
said constables, to take the defendant and convey him to the Gaol, and
there to deliver him to the said Superintendent, together with this
warrant: and you, the said Superintendent, to receive the defendant
into your custody in the Gaol and there to imprison him [and keep him
to hard labour], for the space of unless the said sum, and all
costs and charges of the said distress, amounting to the further sum of
, shall be sooner paid; and for your so doint this shall be your
sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM NO. 58 [s. 59.]

Warrant of commitment for want of distress in the case
in Form No. 44.

[Recite the order of dismissal and then proceed thus]: and whereas
afterwards, on the day of , 19 , a warrant
of distress was issued against the said A.B. in pursuance of the said
order; and it having been made to appear on the day of
, 19 , to me as well by the return to the said
warrant of distress as otherwise, that diligent search for the goods and
chattels of the said A.B. has been made, but that no sufficient distress
whereon to levy the sum above mentioned could be found: These are
therefore, to command you, the said constables, to take the said A.B.
and convey him to the Gaol, and there to deliver him to the said
Superintendent, together with this warrant; and you, the said Superintendent,
to receive the said A.B. into your custody in the Gaol and
there imprison him [and keep him to har labour] for the space of
, unless the said sum, and all costs and charges of the said
distress, amounting to the further sum of , shall be sooner
paid; and for your so doing this shall be your sufficient warrant.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM NO. 59. [s.48.]

Warrant of commitment reducing term of imprisonment on part payment.

[Adopt the ordinary form of warrant of commitment but before the
commanding part insert the following]: and on application to the said
court to issue a warrant to commit the defendant to prison for
non-payment of the sum adjudged to be paid by the said conviction
[or order, or for default of sufficient distress], it appears to the said
court that, by payment of part of the said sum [or by the not proceeds
of the said distress] the amount of the sum so adjudged has been
reduced to such an extent that the unsatisfied balance, if it had constituted

As amended by Law Rev. Ord., 1923.
the original amount so adjudged to be paid, would hve subjected the
defendant to a maximum term of imprisonment less than the term of
imprisonment to which he is liable under the said conviction [or order]:
Therefore the said term of imprisonment is hereby revoked; and it is
hereby ordered that the defendant be imprisoned in the Gaol [and
there kept to hard labour] for the space of [the reduced term], unless
the said sum, and all costs and charges of the said distress, if any,
shall be sooner paid, and you are hereby commanded [proceed
as in ordinary warrant of commitment, inserting reduced term of
imprisonment].

FORM NO. 60. [s.30.]

Register of convictions and orders.

HONGKONG. IN THE POLICE COURT AT

The day of , 19

No. Name of Name of Nature of Minute of Magistrate
informant defendant. offence or adjudication. adjudicating.
or of matter
complainant. of complaint.

1 2 3 4 5 6

PART II.
FORMS FOR RECOVERY OF CIVIL DEBTS.

FORM NO. 61. [S. 55.]

Summons to defendant.

HONGKONG. IN THE POLICE COURT AT

Between Plaintiff,
(Address
Description) and
Defendant.
(Address
Description)

To ,of
You are hereby summoned to appear before such magistrate of the
said Colony as may be sitting at the said court on day, the
day of ,19 , at o'clock in
the noon, to answer the plaintiff's claim, the particulars
of which are hereto annexed.

Dated this day of , 19
[L.S.] (Signed.) Magistrate.
FORM NO. 62. [s.56.]

Summons to Witness.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
To ,of
You are hereby require to attend before such magistrate of the said
Colony as may be sitting at the said court on day, the
day of , 19, at o'clock in the noon,
to given evidence in the above cause on behalf of the plaintiff [or
defendant].

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

FORM NO. 63. [s.56.]

Judgment for plaintiff.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony.
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,19
It is this day adjudged that the plaintiff recover against the
defendant the sum of for debt [or damages] and for
costs, amounting together to the sum of ; and it is ordered
that the defendant pay the same to the plaintiff forthwith [or on or
before the day of ,19 ,or by instalments
of for every days, the first istalment to be paid forthwith
or on or before the day of ,19 ,]; * and
if default is made in payment according to this adjudication and order,
it is ordered that the sum due thereunder be levied by distress and
sale of the defendant's goods.*

[L.S.] (Signed.) Magistrate.
________________

*If security is accepted, substitute for words between asterisks: and
it is ordered that the defendant be at liberty to give, to the satisfaction
of a magistrate [or of ], security in the sum of , with
one surety [or two sureties] in the sum of [each for payment
of the said sum as above directed.


FORM NO. 64. [s.56.]

Judgement for defendant.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony,
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,19
Upon hearing this cause this day, it is adjudged that judgment be
entered for the defendant, and that the plaintiff pay the sum of
for the defendant's costs forthwith [or on or before the day of
,19 , or by instalments of for every
days, the first instalment to be paid forthwith or on or
before the day of ,19 ];* and if default
is made in payment according to this adjudication and order, it is
ordered that the sum due thereunder be levied by distress and sale of
the plaintiff's goods.*

[L.S.] (Signed.) Magistrate.
________________

*If security is accepted, substitute for words between asterisks: and
it is ordered that the plaintiff be at liberty to give, to the satisfaction
of a magistrate [or of ], security in the sum of [each]
for payment of the said sum as above directed.

FORM NO. 65. [s. 56.]

Judgment summons.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)
The day of ,19
To the above-named defendant [or plaintiff].
The plaintiff [or defendant] obtained an order against you, the
above-named defendant [or plaintiff], before the undersigned, [or J.P.,
Esquire,] a magistrate of the said Colony, on the day of
, 19 , for the payment of , and
you have made default in payment of the sum payable in pursuance of
the said order: Therefore you are hereby summoned to appear
personally before such magistrate of the said Colony as may be sitting
at the said court on day the day of ,
19 , at o'clock in the noon, to be examined upon oath
[or declaration] by the said court touching the means you have or
have had since the date of the order to satisfy the sum payable in
pursuance of the said order; and also to show cause why you should
not be committed to prison for such default.

[L.S.] (Signed.) Magistrate.
Amount of order, and costs..................$ c.


$ c.
Paid into the Magistracy...
Instalments not required to
Deduct { have been paid before the
date of the summons...


Sum payable ........................................$ c.
Costs of this summons ..............................
Amount upon payment of which no further pro-
ceedings will be had until default in payment of
next instalments.
_____________


FORM NO. 66. [s. 56.]

Order of commitment.
HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

The plaintiff [or defendant] obtained an order against the defendant
[or plaintiff] before the undersigned, [or before J.P., Esquire], a
magistrate of the said Colony on the day of ,

As amended by Law Rev. Ord., 1923.
19 , for the payment of , and the
defendant [or plaintiff] has made default in payment of ,
payable in pursuance of the said order; and a summons was, at the
instance of the plaintiff [or defendant], duly issued, by which the
defendant [or plaintiff] was required to appear personally before such
magistrate of the said Colony as might be sitting at the said court on
the day of ,19 , to be examined
upon oath [or declaration] touching the means he had then or had
since the date of the order to satisfy the sum then due and payable in
pursuance of the said order, and to show cause why he should not be
committed to prison for such default; and at the hearing of the said
summons the defendant [or plaintiff] appeared [or the summons was
proved to have been duly served], and it has now been proved that the
defendant [or plaintiff now has [or has had since the date of the said
order] the means to pay the sum then due and payable in pursuance of the
said order, and has refused [or neglected, or then refused or neglected]
to pay the same, and the defendant [or plaintiff] has shown no cause why
he should not be committed to prison: Now, therefore, it is ordered that,
for such default, the defendant [or plaintiff] be committed to prison
for day, unless he shall sooner pay the sum stated below
as that on the payment of which he is to be discharged: and you are
hereby required, you the said constables, to take the defendant [or
plaintiff] and convey him to the Gaol, and there to deliver him to said
Superintendent, together with this order; and you, the said
Superintendent, to receive the defendent [or plaintiff] and keep him
safely in the Gaol for days from the arrest under this
order, or until he is sooner discharged by due course of law.

Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.
$ c.
Total sum payable at the time of hearing of the
judgment summons .........................
Hearing of summons, and costs of order ........
___________
Total sum on payment of which the prisoner will be
discharged ..................................
____________

FORM NO. 67. [s.56.]

Certificate for discharge of a prisoner from custody.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)

As amended by Law Rev., Ord, 1923.
To the Superintendent of Prisons in the said Conly.
I hereby certify that the defendant [or plaintiff], who was committed
to you custody by virtue of an order of commitment dated the
day of ,19 , has paid and satisfied
the sum of money for the non-payment whereof he was so committed,
together with all costs due and payable by him in respect thereof, and
may in respect of that order be forthwith discharged out of your
custody.

Dated this day of ,19
(Signed.) Magistrate.


FORM NO. 68. [s. 56.]

Distress warrant.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)

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

On the day of ,19 , it was adjudged
and ordered by the undersigned, [or J.P., Esquire,] a magistrate of
the said Colony, that the defendant [or plaintiff] should pay to the
plaintiff [or defendant] for debt [or damages] and
for costs, amounting together to the sum of : and it was
ordered that the said sum should be paid on the day of
,19 , [or as in the judgment, and that, if default
should be made in payment according to the said adjudication and
order, the sum due thereunder should be levied by distress and sale
of the defendant's [or plaintiff's]goods; and default has been made
in payment according to the said adjudication and order: Therefore
you are hereby commanded forthwith to make distress of the goods
of the said defendant [or plaintiff], except the wearing apparel and
in payment according to the said adjudication and order: Therefore
you are hereby commanded forthwith to make distress of the goods
of the said defendant [or plaintiff], except the wearing apparel and
bedding of him and his family, and, to the value of twenty-five dollars,
the tools and implements of his trade, and if, within the space of*
days next after the making of such distress, the sum
of being the sum stated at the foot of this warrant to be due
under the said adjudication and order, together with the reasonable
charges of the making and keeping of the said distress, be not paid,
then to sell the said goods by you distrained, and pay the money
arising thereby to the magistrates' clerk, in order that is may be
applied according to law, and that the overplus, if any, may be
rendered on demand to the defendant [or plaintiff]; and, if no such
distress can be found, to certify the same to the said court, in order
that further proceedings may be had according to law.

Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.

______________________________________________________
$ c.
Amount adjudged, .......................
Paid, ..................................
______________
Remaining due, .........................
Costs of issuing this warrant, .........
______________
Total amount to be levied, ..
==============
______________________________________________________

*N.B.-The goods are not to be sold until after the end of five clear
days next following day on which they were seized, unless the
defendant otherwise consents or unless the goods are perishable.

FORM NO. 69. [s. 56.]

Oral or written acknowledgment of undertaking to pay civil debt.

HONGKONG. IN THE POLICE COURT AT
Between Plaintiff,
(Address
Description)
and
Defendant.
(Address
Description)

It was this day [or on the day of ,19 ,]
adjudged by the undersigned, [or J.P., Esquire,] a magistrate of the
said Colony, that the plaintiff should recover against the defendant the
sum of for debt [or damages] and for costs,
amounting together to the sum of : and it was ordered
that the defendant should pay the same to the plaintiff forthwith, [or
on or before the day of ,19 , or by
instalments of for every days, the first instalment
to be paid on the day of ,19 ,] and that
the defendant should be at liberty to give, to the satisfaction of a
magistrate [or as in the judgment], security in the sum of
with suret in the sum of [each], for
the payment of the sum so ordered to be paid as thereby directed:
Now, therefore, I, the defendant, as principal, and we E.F., of ,
and G.H., of , as sureties [or I, E.F., of ,as surety,]
hereby undertake that the defendant will pay the sum so ordered to
be paid as thereby directed; and I, the said defendant, and we [or I]
the said sureties [or surety], hereby severally acknowledge ourselves
bound to forfeit and pay to the sum of in case the
defendant fails to perform this undertaking.
(Signed.) (where not taken orally)
C.D., Defendant.
E.F.,}
G.H.,} Sureties.
Taken [orally] before me the day of , 19 .
(Signed.) Magistrate.

PART III.

FORMS FOR INDICTABLE OFFENCES.

FORM NO. 70. [s. 73.]*

Caution to and statement by accused.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony.

C.D. (hereinafter called the accused) stands charged before the
undersigned, a magistrate of the said Colony, for that he, on the
day of ,19 , at [etc., as in the heading
to the depositions] and the said charge being read to the accused and
the witnesses for the prosecution E.F. and G.H. being severally
examined in his presence, the accused is not addressed by me as
follows: Having heard the evidence, do you wish to say anything
in answer to the charge? You are not obliged to say anything unless
you desire to do so; but whatever you say will be taken down in
writing, and may be given in evidence upon you trial; whereupon
the said C.D. saith as follows:

[Here state whatever the prisoner may say, and in his very words as
nearly as possible. Get him to sign it, if he will.]

The day of ,19
(Signed.) C.D.
Taken before me at the day and year last above written.
(Signed.) Magistrate.

*As amended by Law Am. Ord., 1923.

[Form No. 71, rep. No. 8 of 1912.]

FORM NO. 72. [s.75.]

Recognizance to prosecute or given evidence.

HONGKONG. IN THE POLICE COURT AT

Before J.P., Esquire, a magistrate of the said Colony.

The day of ,19
A.B., of , personally came before me, the undersigned, and
acknowledged himself to owe to Our Sovereign Lord the King the sum
of ,to be made and levied on his goods and chattels, lands and
tenements, to the use of Our Sovereign Lord the King, his heirs and
successors, if he, the said A.B., shall fail in the condition indorsed.

Taken and acknowledged before me at the day and year
first above mentioned.

[L.S.] (Signed.) Magistrate.

Conditon to prosecute.

If therefore he, the said A.B., shall appear at the next [or as may be]
criminal session of the Supreme Court, and there prefer or cause to be
preferred against the said C.D., and indictment for the offence aforesaid,
and there also duly prosecute such indictment, then the said recognizance
to be void, or else to stand in full force and virtue.

[Where the condition is to prosecute and give evidence, add
after the words Supreme Court]

and there prefer or cause to be preferred an indictment against
the said C.D., for the offence aforesaid, and duly prosecute such
indictment, and give evidence thereon to the Supreme Court and jurors
on the trial of the said C.D., then the said recognizance to be void, or
else to stand in full force and virtue.

[Where the condition is to give evidence only, add after the
words Supreme Court]

and there give such evidence as he knoweth on an indictment to
be then and there preferred against the said C.D., for the offence
aforesaid to the Supreme Court and jurors on the trial of the sid C.D.,
then the said recognizance to be void, or else to stand in full force and
virtue.
FORM NO. 73. [s. 75.]

Notice of the said recognizance to be given to the prosecutor
and his witnesses.

HONGKONG. IN THE POLICE COURT AT

Take notice that you, A.B. of ,are bound in the sum of
to appear at the next criminal session of the Supreme Court
[or as the case may be], and then and there prosecute and give evidence
[according to the condition] against C.D., and unless you then appear
there and prosecute and given evidence accordingly, the recognizance
entered into by you will be forthwith levied on you.

Dated this day of ,19
(Signed.) Magistrate.

FORM NO. 74. [s. 75.]

Commitment of witness for refusing to enter into the recognizance.
HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

Whereas C.D., was lately charged before the undersigned, a
magistrate of the said Colony, for that [etc., as in the summons to the
witness]; and it having been made to appear to me upon oath that
E.F., of , was likely to give material evidence for the
prosecution, I duly issued my summons to the said E.F., requiring
him to be and appear before me on the day of ,
19 , at , or before such other magistrate as should then be
there, to testify what he should know concerning the said charge so
made against the said C.D. as aforesaid; and the said E.F. now
appearing before me [or being brought before me by virtue of a warrant
in that behalf] to testify as aforesaid has been now examined by me
touching the premises, but being by me required to enter into a
recognizance conditioned to give evidence against the said C.D., has
now refused so to do: These are, therefore, to command you, the said
constables, to take the said E.F. and him safely to convey to the Gaol
and there deliver him to the said Superintendent, together with this
precept: and you, the said Superintendent, to receive the said E.F.
into your custody in the Gaol and there to imprison and safely keep
him until after the trial of the said C.D. for the offence aforesaid,
unless in the meantime the said E.F. shall duly enter into such
recognizance as aforesaid in the sum of before a magistrate of
the said Colony, conditioned in the usual form, to appear at the next
criminal session of the Supreme Court [or as the case may be] and there
to give evidence on the trial of the said C.D. for the said offence, if
an indictment should be filed against him for the same.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923.

FORM NO. 75. [s. 75.]

Subsequent order to discharge the witness.

HONGKONG. IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.
Whereas by my order, dated the day of m
19 , reciting that C.D. was lately charged before me for a certain
offence mentioned, and E.F., having appeared before me and being
examined as a witness for the prosecution in that behalf, refused to
enter into a recognizance to give evidence against the said C.D., and I
therefore thereby committed the said E.F. to your custody and required
you safety to keep him until after the trial of the said C.D. for the
offence aforesaid unless in the meantime he should enter into such
recognizance as aforesaid; and whereas, for want of sufficient evidence
against the said C.D., the said C.D. has not been committed or holden
to bail for the said offence, but on the contrary has been since discharged,
and it is therefore not necessary that the said E.F. should be detained
longer in your custody: These are, therefore, to order and direct you,
the said Superintendent, to discharge the said E.F. out of your custody
as to the said commitment, and suffer him to go at large.

Dated this day of , 19
[L.S.] (Signed) Magistrate.

FORM NO. 76. [s.70.]

Warrant remanding accused.

HONGKONG. IN THE POLICE COURT AT

To each and all of the constables of the said Colony and to the
Superintendent of Prisons in the said Colony.

Whereas C.D. was this day charged before the undersigned, a
magistrate of the said Colony, for that [etc., as in the warrant to
apprehend]; and it appears to me to be necessary to remand the said
C.D.: These are, therefore, to command you, the said constables, in
His Majesty's name, forthwith to convey the said C.D. to the Gaol and
there deliver him to the said Superintendent together with this precept;
and you, the said Superintendent, to receive the said C.D. into you
custody in the Gaol and there safely keep him until day, the
day of ,19 , when I hereby command you to
have him at the said police court, at o'clock in the
noon of the same day, before such magistrate of the said Colony as
may be sitting at the said court, to answer further to the said charge,
and to be further dealt with according to law, unless you shall be
otherwise ordered in the meantime.

Dated this day of ,19
[L.S.] (Signed) Magistrate

As amended by Law Rev. Ord., 1923.
FORM NO. 77. [s. 70.]

Recognizance of bail instead of remand, on an adjournment
of examination.

HONGKONG. IN THE POLICE COURT AT

On the day of ,19 , C.D., of
, E.F., of , and G.H., of ,personally came
before me, a magistrate of the said Colony, and severally acknowledged
themselves to owe to Our Sovereign Lord and King the several sums
following: that is to say, the said C.D. the sum of ,and the
said E.F. and G.H. the sum of each to be made and levied
on their several goods and chatterls, lands and tenements, respectively,
to the use of Our Sovereign Lord the King, his heirs and successors
if he, the said C.D., shall fail in the condition hereon indorsed.

Taken and acknowledged, the day of
19 , at , before me.

[L.S.] (Signed.) Magistrate.

Condition.

The condition of the within-written recognizance is such that where-
as the within-bounden C.D. was this day [or on the day of
,19 ,] charged before me, for that he
[etc., as in the warrant]; and whereas the examination of the witnesses
for the prosecution in this behalf is adjourned until the day of
,19 ; if therefore the said C.D. shall
appear before me on the said day of
19 , at o'clock in the noon at , or
before such other magistrate as may then be there, to answer [further]
to the said charge and to be further dealt with according to law, then
the said recognizance to be void, or else to stand in full force and
virtue.

FORM NO. 78. [s.70.]

Notice of the said recognizance to be given to accused and his sureties.

HONGKONG. IN THE POLICE COURT AT

Take notice that you C.D., of , are bound in the sum of
, and your sureties, E.F. and G.H., in the sum of
each, that you, C.D., appear before me a magistrate of the said
Colony, on day, the day of ,
19 , at o'clock in the noon, at to answer
futher to the charge made against you by A.B. and to be further
dealt with according to law; and unless you, C.D., personally appear
accordingly, the recognizance entered into by yourself and your
sureties will be forthwith levied on you and them.

Dated this day of ,19
[L.S.] (Signed.) Magistrate.
FORM NO. 79. [s. 94.]

Recognizance of bail.

HONGKONG. IN THE POLICE COURT AT

On the day of ,19 , and
personally came before me the undersigned, a magistrate of
the said Colony, and severally acknowledged themselves to owe to Our
Sovereign Lord the King the several sums following: (that is to say),
the said the sum of ,and the said and
the sum of each, to be made and levied on their
several goods and chattels, lands and tenements respectivley, to the use
of our said Lord the King, his heirs and successor, if the said
shall fail in the condition following.

Taken and acknowledged, the day of
19 , at , before me,
(Signed.) Magistrate.
Explained by Sworn Interpreter.

Condtion in ordinary cases.

The condition of the above-written recognizance is such, that whereas
the said was this day charged before me the above-mentioned
magistrate for that
If therefore the said will appear at the criminal session of
the Supreme Court to be holden on the day of ,
19 , and at every adjournment thereof and there surrender himself
(if so required) into the custody of the Superintendent of Prisons in
the said Colony, and plead to such indictment as may be filed against
him by the Attorney General and take his trial upon the same, and
not depart the said court without leave, then the said recognizance
to be void, or else to stand in fall force and virtue.

FORM NO. 80. [s.94.]

Notice of the said recognizance to be given to accused and his sureties.

HONGKONG. IN THE POLICE COURT AT

Take notice that you, C.D., of , are bound in the sum
of , and your sureties, E.F. and G.H., in the sum of
each, that you C.D., appear [etc., as in the condition of the recognizance],
and not depart the said court without leave; and unless you, C.D.,
personally appear and plead, and take your trial accordingly, the
recognizance entered into by yourself and your sureties will be forth-
with levied on you and them.

Dated the day of ,19
[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
FORM NO. 81. [s. 94.]

Certificate of consent to bail by the committing magistrate
indorsed on the commitment.

HONGKONG. IN THE POLICE COURT AT
I hereby certify that I consent to the within-named C.D. being
bailed by recognizance, himself in the sum of , and [two]
sureties in the sum of [each].

Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 82. [s. 95.]

Warrant of deliverance on bail being given for a prisoner
already committed.

HONGKONG. IN THE POLICE COURT AT
To the Superintendent of Prisons in the said Colony.
C.D., late of , [coolie] has before me, a magistrate of the
said Colony, entered into his own recognizance, and found sufficient
sureties for his appearance at the next criminal session of the Supreme
Court [or as the case may be] to answer Our Sovereign Lord the King
for that he [etc., as in the commitment], for which he was taken and
committed to the Gaol: These are, therefore, to command you, in His
Majesty's name, that if the said C.D. do remain in your custody in the
Gaol for the said cause, and for no other, you shall forthwith suffer
him to go at large.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

PART IV.

FORMS FOR INDICTABLE OFFENCES
TRIABLE SUMMARILY.

FORM NO. 83 [ss. 80 and 81.]

Summary conviction of indictable offence.

HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of teh said Colon,
The day of ,19
C.D. (hereinafter called the defendant) having been charged for
that he, on the day of ,19 , at ,
[state offence]; and the magistrate having determined to try the
case summarily; the defendant is this day convicted of the said
offence, and it is adjudged that he pay [or that he be imprisoned,
insert particulars] for his said offence [proceed as in ordinance forms of
summary conviction.]

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923.
FORM NO. 84. [s.81.]

Order of dismissal where an indictable offence has been tried summarily.
HONGKONG. IN THE POLICE COURT AT
Before J.P., Esquire, a magistrate of the said Colony.
The day of , 19
C.D. (hereinafter called the defendant) having been charged on the
information of for that he, on the day of
, 19 , at [state offence]; and the magistrate
having determined to try the case summarily; and the matter of the
said charge having been duly consiered by the said magistrate, it
manifestly appears to him that the said charge is not proved: Therefore
the said information is hereby dismissed; and it is ordered that the
informant pay to the defendant the sum of for costs forthwith
[or on or before the day of , 19 ]; and
if default is made [proceed as in a conviction for fine to be levied by
distress.]

[L.S.] (Signed.) Magistrate.

FORM NO. 85. [s. 98.]

Application to magistrate to state a case.
HONGKONG. IN THE POLICE COURT AT
To J.P., Esquire, magistrate of the said Colony.
In the matter of an information [or complaint] wherein I, the
undersigned A.B., was informant [or prosecutor, or complainant] and
C.D. was defendant, heard and determined before you at the said
police court on the day of , 19 , being
dissatisfied with your determination, upon the hearing of the above
information [or complaint] and being aggrieved thereby as being
erroneous in point of law [or as the case may be], I hereby, pursuant
to section 98 of the Magistrates Ordinance, 1890, make application to
you to state and sign a case setting forth the facts and ground of such
your determination, in order that I may appeal therefrom to the
Full Court.

Dated this day of , 19
(Signed.) A.B.

FORM NO. 86. [s. 103.]

Magistrate's certificate for leave to appeal by way of re-hearing.
HONGKONG. IN THE POLICE COURT AT
Whereas on the day of ,19 , an
information [or complaint] perferred by A.B. against C.D., of
, (hereinafter called the defendant) for that he [etc., as in the
information, complaint or summons] was heard and determined by me,
the undersigned, a magistrate of the said Colony, and the defendant.
was duly convict of the said offence and was adjudged [or the
defendant was ordered to pay the said A.B., the sum of ]
[here state the adjudication of fine, sum, or imprisonment and costs as in a
conviction or order, or, if dismissed]: and thereupon the said information
[or complaint] was dismissed, [and the said A.B. was ordered to pay
to the defendant the sum of for his costs incurred by him
in his defence in that behalf] [conclude as in the order of dismissal];
and whereas the defendant [or A.B.], being dissatisfied with the said
determination and alleging that he is aggrieved thereby as being
erroneous in point of fact, has applied to me, pursuant to section 103.
of the Magistrates Ordinance, 1890, for leave to appeal to the Full
Court by way o re-hearig: Now I do herby certify that I have
granted such leave accordingly.

Dated this day of , 19 .
[L.S.] (Signed.) Magistrate.

FORM NO. 87. [s. 107.]

Magistrate's certificate of refusal to state or amend case or to grant
leave to appeal.

HONGKONG. IN THE POLICE COURT AT
[Commence as in the last form down to the end of the first recital and
then continue as follows:]
and whereas the defendant [or A.B.,] being dissatisfied with the said
determination and alleging that he is agrieved thereby as being
erroneous in point of law [or fact], has applied to me pursuant to
section 98 [or section 103] of the Magistrates Ordinance, 1890, to
state and sign a case setting forth the facts and ground of such
determination in order that he may appeal therefrom to the Full Court
[or to grant leave of appeal to the Full Court by way of re-hearing];
[and, if so, and whereas on the day of , 19 ,
I stated and signed a case accordingly, but the defendant [or A.B.],
is dissatisfied with the way in which I have so stated such case and
has, pursuant to section 100 of the said Ordinance, duly applied to me
to amend the same by [here state what amendment is desired]; Now
I being of opinion that the application of the defendant [or A.B.] is
merely frivolous have refused to state such case [or to grant such
leave to appeal, or now I, having refused to amend such case], of
which refusal the defendant [or A.B.] has requested me to sign and
deliver to him a certificate: Now therefore I, the said magistrte,
pursuant to section 107 of the said Ordinance, do hereby certify that
I am of opinion that the application of the defendant [or A.B.] as
aforesaid is merely frivolous, and that I have refused to state such
case accordingly [or that I have refused to grant such leave to appeal,
or to amend such case].

Dated this day of ,19 .
[L.S.] (Signed.) Magistrate.
FROM NO. 88. [s.98.]

Case stated by a magistrate.

IN THE SUPREME COURT OF HONGKONG.

APPELLATE JURISDICTION.

Between A.B., Appellant,

and

C.D., Respondent.

This is a case stated by the undersigned, a magistrate of the Colony
of Hongkong, under the Magistrates Ordinance, 1890, for the purposes
of appeal to the Supreme Court on questions of law which arose before
me as hereinafter stated.

1. At the police court in the said Colony, at , on the
day of , 19 , and information [or a complaint]
preferred by A.B. (hereinafter called the respondent) against C.D.
(hereinafter called the appellant) [or as the case may be], under
section of the [state the Ordinance or statute as the case may be]
charging, for that he, the appellant [etc., state the offence or cause of
complaint], was heard and determined by me, the said parties
respectively being then present; and upon such hearing the appellant
was duly convicted before me of the said offence, and it was adjudged
that he should pay [or and upon such hearing the appellant was by
me ordered to pay] the respondent the sum of [here state the
adjudication of fine, sum, or imprisonment and costs, as in a conviction or
an order].

[Or, if dismissed: and upon such hearing the said information [or
complaint] was dismissed by me, [and, if so, the appellant was ordered
to pay to the respondent the sum of for his costs incurred
by him in his defence in that behalf, [conclude as in an order of
dismissal].

2. And whereas the appellant, being dissatisfied with my deter-
mination upon the hearing of the said information [or complaint]
and alleging himself to be aggrieved by such determination as being
erroueous in point of law has, pursuant to section 98 of the Magistrates
Ordinance, 1890, duly applied to me in writing to state and sign a
case setting forth the facts and the grounds of such determination as
aforesaid, in order that he may appeal therefrom to the Full Court,
and has duly entered into a recognizance as required by the said Ordi-
nance in that behalf.

[If the case is stated in obedience to a rule under section 108, recite
the refusal and the granting of such rule as follows:-but I, being of
opinion that the application of the appellant was merely frivolous,
refused to state and sign such case, and at his request signed and
delivered to him a certificate of such refusal; and whereas the Full
Court has since granted a rule calling me to state such case.]

*As amended by Law Am. Ord., 1923.
3. Now therefore I, the said magistrate, in compliance with the said
application [or in obedience to the said rule and order of the Full
Court] and the provisions of the said Ordinance [if more facts are
introduced than proved and by consent of the said parties], do hereby
state and sign the following case.

4. Upon the hearing of the information [or complaint] it was proved
on the part of the respondent, and found as a fact, that [here state so
much of the evidence given and of the facts as are necessary to raise the
point of law in question].

5. [State here any of the following paragraphs according to circum-
stances]. It was admitted by the appellant that the said proceedings
had before me were legal and regular, and that if [according to
circumstances] the said conviction [or order] was properly made.

6. It is also an admitted fact that

7. It was further stated on behalf of the respondent, and admitted
by the appellant, that

8. For the purpose of enabling the said court to determine the
questions raised between the parties, the following further facts were
stated and agreed upon between them, viz.:

If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph:-

9. It is agreed that if either party shall wish to refer to
[a document or book] not set out in the body of this case, such party
shall be at liberty to do so, and that for this purpose the said [document
or book] shall be taken, so far as it relates to the said ,to
form part of this case.

10. It was contended on the part of the appellant that [here state
the legal objection or objections to the fundings on the facts taken by the
defendant or his counsel.]

11. I, however, being of opinion that [here state the grounds of the
decision], held that [here state the decision and judgment].

If it is desired to refer to a portion of the evidence by consent, insert
the following paragraph:-

12. The questions of law asising on the above statement for the
opinion of this court therefore are, 1st whether, etc., 2nd whether, etc.

Dated this day of , 19 .

[L.S.] (Signed.) Magistrate.
FORM NO. 89. [s. 106.]

Recognizance of appeal.

HONGKONG. IN THE POLICE COURT AT

[The form of recognizance will be the same as in Form No. 28 supra,
but the condition indorse will be as follows]:-

The condition of the within-written recognizance in such that if the
within-bounden shall without delay prosecute a
certain appeal to the Full Court from a conviction [or order] of J.P.,
Esquire, a magistrate of the said Colony, bearing date the day
of , 19 , whereby [here state effect of conviction
or order], and further shall abide by and duly perform the order of the
said court to be made upon the hearing of such appeal, and shall pay
such costs as may be awarded by the said court [add, if appellant is
liberated from custody and further if the said
shall submit to the judgment of the said court, and shall, within ten
days from the date thereof, appear before a magistrate of the said
Colony to abide by the said judgment in case such conviction [or order]
is not quashed, set aside, or reversed] then the within-written recogni-
zance shall be void, but otherwise shall remain in full force and virtue.

FORM NO. 90. [s. 106.]

Order to bring up appellant in custody to enter
into recognizance of appeal.

HONGKONG. IN THE POLICE COURT AT

To the Superintendent of Prisons in the said Colony.

You are hereby ordered to bring C.D., no in your custody, before
the undersigned, a magistrate of the said Colony, or such magistrate as
may then be sitting at the said court, on day, the day
of , 19 , at o'clock in the noon,
that he may enter into a recognizance with suret
conditioned to appear and try an appeal from the conviction [or order],
dated the day of ,19 , of the undersigned
[or J.P., Esquire,] a magistrate of the said Colony, and may be
thereupon, if the magistrate think fits, released from your custody.

Dated this day of , 19

[L.S.] (Signed.) Magistrate.

As amended by Law Rev. Ord., 1923.
FORM NO. 91. [s. 111.]

Certificate of Registrar of the Supreme Court that the costs of
an appeal have not been paid.

REGISTRY, SUPREME COURT, HONGKONG.

(Title of the appeal).

I hereby certify that at the sitting of the Full Court on the
day of ,19 , an appeal by C.D. against a conviction
[or order] or J.P., Esquire, a magistrate of the said Colony, came on to
be tried, and wa then heard and determined, and the Full Court
thereupon ordered that the said conviction [or order] should be
confirmed [or quashed] and that the said [appellant] should pay to the
said [respondent] the sum of , for his costs incurred by him on
the said appeal, and which sum was thereby ordered to be paid to me,
the undersigned, on or before the day of , 19 ,
to be by me handed over to the said [respondent]; and I further certify
that the said sum for costs has not, nor has any part thereof, been paid
in obedience to the said order.

Dated this day of , 19
[L.S] (Signed.) Registrar.

SECOND SCHEDULE.

RULES. [ss. 30, 51 and 125.]

Summary proceedings.

1. Where in pursuance of any Ordinance or statute, a magistrate
specially directs the appropriation of a fine (including a penalty), the
Ordinance or statute under which the appropriation is made shall be set
forth in the register required to be kept in pursuance of the Magistrates
Ordinance, 1890, (which is hereinafter in these Rules referred to as the
Ordinance) and authenticated by the signature of one of the magistrates

2.-(1) The return referred to in section 30(4) of the Ordinance shall
contain the particulars required to be entered in the register.

(2) The magistrate signing any such return shall cause it to be
delivered to the magistrates' clerk, and he shall enter the return in
the register.

3. The account to be rendered by the magistrates' clerk of fines, fees
and other sums received by him under the Ordinance shall be rendered
quarterly or at any less interval as may be directed by the Treasurer,
and shall be in Form No. 1 in the Appendix to thes rules.

4.-(1) All fines imposed by a magistrate shall appear in the last-
mentioned account in chronological order, and where payment is deferred
or to be made by instalments, the fact shall be shown in the column
headed Remarks.
(2) When the whole of the sum has been paid or received by distress,
or the term of imprisonment imposed in default of payment or of
sufficient distress has expired, the magistrates' clerk shall then enter the
sum in the account: Provided that, though the whole of the sum may
not have been paid or recovered, the instalments received shall be
accounted for at such times and in such manner as the Treasurer
may direct.

5. Where a magistrates' clerk rendors an account in the required or
authorised form to the authority to whom he is required to render it he
shall not be required to render any other account relating to the same
particulars.

6.-(1) The magistrates' clerk shall enter on the day of its receipt
each sum of money received by him on any account whatever.
(2) Each instalment so received shall be entered in a book called the
Instalment Ledger, to an account to be opened in respect of the proceeding
in which the sum is paid.

7.-(1) The magistrates' clerk shall send, on the 10th day of January,
April, July, and October in each year, to the Colonial Secretary a
certified statement, in Form No. 2 in the Appendix to these rules, of all
fines which have been imposed by the magistrate during the previous
three months and which are payable wholly or in part to the Treasurer.

(2) If no such fines have been imposed, the statement shall be certified
in blank.

8. Where a magistrate has enforced payment of any sum due by a
principal in pursuance of a security under the Ordinance which appears
to the magistrate to be forfeited, the sum shall be paid to the magistrates'
clerk, and shall be paid and applied by him in the manner in which
fines imposed by a magistrate in respect of which fines no specifal
appropriation is made are payable and applicable.

9. Any security given under the Ordinance by an oral or written
acknowledgment may be in the form of an undertaking.

10.-(1) The magistrtes' clerk shall keep a security book, and shall
enter therein, with respect to each security given in relation to any
proceeding, the name and address of each person bound, showing whether
he is bound as principal or as surety, the sum in which each person is
bound, the undertaking or condition by which he is bound, the date of
the security, and the person before whom it is taken.

(2) Where any such security is not entered into before a magistrate or
before the magistrates' clerk, the person before whom it is entered into
shall make a return of it, showing the above particulars, to the
magistrates' clerk.

(3) The security book, and any certified extract therefrom, shall be
evidence of the several matters hereby required to be entered in the
security book in like manner as if the security book were the register.

11.-(1) Not less than two clear days before a warrant of distress is
issued for a sum due by a principal in prusuance of a forfeited security
under the Ordinance, the magistrates' clerk issuing the warrant shall
cause notice of the forfeiture to be served on the principal.
(2) Service of the notice may be effected either by prepaid letter sent
to the address mentioned in the security, or as service of a summons
may be effected under the Ordinance.

12. An application under section 51 of the Ordinance shall be an
application for a summons requiring the complainant to show cause why
the order made on his complaint should not be varied.

13. When an order of commitment for non-payment of money is
issued, the defendant may, at any time before me is delivered into the
custody of the gaoler, pay to the officer holding the order the amount
indorsed thereon as that on the payment of which he may be discharged,
and, on receiving that amount, the officer shall discharge the defendant,
and shall forthwith pay over the amount to the magistrates' clerk.

14.-(1) The sum indorsed on the order of commitment as that on
payment of which the prisoner may be discharged may be paid to the
magistrates' clerk or to the gaoler in whose custody the prisoner is.

(2) Where it is paid to the clerk, he shall sign a certificate of the
payment, and, on receiving the certificate by post or otherwise, the
gaoler in whose custody the prisoner is shall forthwith discharge
the prisoner.

(3) Where it is paid to the gaoler, he shall on payment to him of that
amount, sign a certificate of the payment and discharge the prisoner and
forthwith transmit the sum so received to the magistrates' clerk.

15. All costs incurred by the plaintiff or complainant in endeavouring
to enforce an order shall, unless a magistrate otherwise orders, be
enforceable by warrant of distress and sale or by imprisonment, without
hard labour, not exceeding six weeks, unless the same shall be sooner
paid.

Appeals.

16. In all cases of appeal to the Full Court on questions of law under
Part VI of the Ordinance, the party setting down the appeal or
argument shall, at the time of setting down the appeal for argument
and when the appeal is to be heard before two judges, furnish
the Registrar with an additional copy of the case stated and of the
depositions, if any, attached thereto; and if he fails to do so the other
party to such appeal may, on the day following, deliver such copy as
ought to have been delivered by the party making default; and the party
making default shall not be heard until he has paid for such additional
copy or deposited with the Registrar a sufficient sum to pay for such copy.

17. Every case stated under Part VI of the Ordinance shall be
divided into paragraphs which, as nearly as may be, shall be confined to
a distinct portion of the subject, and every paragraph shall be numbered
consecutively.

18. The costs of drawing and copying any such case as aforesaid which
does not in substance comply with the requirements of rule 17 of these
rules shall not be allowed on taxation, unless the Full Court or the
judge before whom the appeal is heard specially so directs.

As amended by Law Rev. Ord., 1923.
Volume I 1844-1890
No. 3 of 1890. MAGISTRATIONS. P.552.
THIRD SCHEDULE. [ss. 80 and 86.]

LIST OF OFFENCES EXCLUDED FROM SUMMARY JURISDICTION.

1. Any offence which punishable with death.

2. Any offence (except burglary) which is punishable with imprison-
ment with hard labour for life.

3. Any felony mentioned in the suppression of Piracy Ordinance, 1868.

4. Misprision of treason.

5. Any offence against the King's title, prerogative, person or
government.

6. Blasphemy and offences against religion.

7. Perjury and subornation of perjury.

8. Making or suborning any other person to make a false oath
punishable as perjury or as a misdemeanor.

9. Any offence against any provision of the laws relating to bankrupts.

10. Composing, printing, or publishing blasphemous, seditious, or
defamatory libels.

11. Defamation.

12. Bigamy.

13. Bribery, except in cases punishable under section 3 or section 4
of the Misdemeanors Punishment Ordinance, 1898, where the amount
or value of the bribe does not exceed ten dollars.

14. Arson.

[15, rep. No. 11 of 1922.]

16. Stealing, or fraudulently taking, or injuring or destroying records
or documents belonging to any court of record or relating to any
proceeding therein.

17. Stealing, or fraudulently destroying, or concealing wills or
testamentary papers any document or written instrument being or
containing evidence of the title to any lands, or any interest in lands,
tenements, or hereditaments.

18. Any offence committed by trustee created by deed or will,
bankers, or factors, and mentioned in any of sections 62 to 73 of the
Larceny Ordinance, 1865. [Originally No. 10 of 1890. No. 3 of 1913. No. 28 of 1913. No. 10 of 1914. No. 29 of 1915. No. 31 of 1921. No. 11 of 1922. No. 21 of 1922. No. 32 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. 42 & 43 Vict.c. 49, s. 48. 42 & 43 Vict.c. 49, s. 49. Saving of special procedure. Use of forms. First Schedule. Police magistrates. Marine magistrate. Powers of justices of the peace, etc. Issue of summons to defendant and mode of service thereof. 11 & 12 Vict.c. 43, s. 1. First Schedule Form No. 1. Issue of warrant in case of disobedience of summons or in firste instance. First Schedule. Form No. 2. First Schedule. Form No. 3. Manner of making complaint or laying information. 11 & 12 Vict.c. 43, s. 10. Place and manner of hearing. 11 & 12 Vict.c. 43, s. 12. Non-appearance and appearance of parties, and procedure thereon. 11 & 12 Vict.c. 43, s. 13. First Schedule Form No. 12. First Schedule. Form No. 5. First Schedule. Form No. 7. Proceedings at hearing. 11 & 12 Vict.c. 43, s. 14; 18 & 19 Vict.c. 126, s. 4. First Schedule. Form No. 25. First Schedule. Form No. 39. Adjournment of hearing and procedure theroen. 11 & 12 Vict.c. 43, s. 16. First Schedule. Form Nos. 4 and 5. First Schedule. Form No. 7. Provisions as to witnesses. 11 & 12 Vict.c. 43, s. 7. First Schedule. Form No. 8. First Schedule. Form No. 9. Frist Schedule. Form No. 10. Provision as to witness refusing to be sworn or anwser. First Schedule. Form No. 11. Variance between information and evidence. 11 & 12 Vict.c. 43, s. 9. First Schedule. Form No. 5. Frist Schedule. Form No. 7. Description of property of partners in complaint or information. 11 & 12 Vict.c. 43, s. 4. Complaint for order to pay money need not be in writing. 11 & 12 Vict.c. 43, s. 8. Limit of time for complaint or information. 11 & 12 Vict.c. 43, s. 11. Prohibition of objection for want of form. 11 & 12 Vict.c. 43, s. 1. Form of conviction and order. 11 & 12 Vict.c. 43, s. 17. First Schedule. Forms Nos. 14-21. First Schedule.Forms Nos. 22-32. Proof by declaration of service of process and of handwriting, etc. 42 & 43 Vict. c. 49,s. 41. First Sehedule. Forms Nos. 36 and 37. Form and execution of warrant, etc. 11 & 12 Vict. C. 43, s. 3. First Schedule. Form No. 5. First Sehedule. Form No. 7. Non-avoidance of summons or warrant by death of magistrate. 42 & 43 Vict. C, 49, s. 37. Bail of person arrested without warrant. 42 & 43 Vict. C. 49, s. 38. [cf. No. 11 of 1900, s. 28 (2).] First Schedule. Form No. 5. Provisions as to proceedings, etc. 11 & 12 Vict. c.43, s. 14; 42 & 43 Vict. c. 49, s. 39. Minute of proceedings. First Schedule. Form No. 13. Register of cases. 42 & 43 Vict. C. 49,s. 29. Second Schedule. First Schedule. Form No. 60. Power to discharge defendant without punishment if offence trifling. 42 & 43 Vict. C. 49, s. 16. First schedule. Forms Nos. 26 and 45. First Schedule. Forms Nos. 5 and 21. Appropriation of money found on defendant for payment of fine not exceeding $5. Recognizance may be dispensed with. Summary order. 42 & 43 Vict. C. 49, s. 34. Provision as to mode of payment of sum adjudged to be paid. 42 &43 Vict. C.49,s. 7. First Schedule. Forms Nos. 15-18, 20 and 21. Return by magistrate's order of property taken from defendant. 42 & 43 Vict. C. 49, s. 44. Prosecution and punishment of aider or abettor. 11 & 12 Vict. C. 43, s. 5. [ef. No. 3 of 1865.] Rule as to cumulative sentences for assault. 42 & 43 Vict. C. 49,s. 18. First Schedule. Form Nos. 40-59. Warrants of distress. 11 & 12 Vict. C. 43, s.19. First Schedule. Form No.16. First Schedule. Forms Nos. 40 and 41. Allowing defendant to go at large until return made to warrant, etc. 11 & 12 Vict. c. 43, s. 20. First Schedule. Form No. 54. Commitment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 21. First Schedule. Forms Nos. 49 and 53. Commitment of defendant where no remedy or punishment in default of sufficient distress. 11 & 12 Vict. C. 43, s. 22. First Schedule. Form No. 53. Commitment of defendant in first instance. 11 & 12 Vict. C. 43, s. 23. First Schedule. Forms Nos. 51 and 52. Commitment for disobedience of order to do some act, etc., not being payment of money. 11 & 12 Vict. C. 43, s. 24. First Schedule . Forms Nos. 55 and 56. First Schedule. Forms Nos. 42, 43 and 57. Commitment for subsequent offence. 11 & 12 Vict. C. 43, s. 25. On payment of fine and expenses distress not to be levied, or party, if imprisoned, to be discharged. 11 & 12 Vict. C. 43,s. 28. Provisions as to warrants of distress. 42 & 43 Vict. c. 49, s. 43. [s. 47 contd.] First Schedule. Form No. 50. Special provisions as to warrant of commitment for non-payment of money and as to warrant of distress. 42 & 43 Vict. C. 49,s. 21. First Schedule. Forms Nos. 24 and 59. Security for good behaviour. Exercise on complaint of power to bind over to keep the peace. 42 & 43 Vict. C. 49, s. 25. First Suhedule. Forms Nos. 27 and 28. Power to reduce or vary security. 42 & 43 Vict. C. 49, s. 26. Second Schedule. First Schedule. Forms Nos. 32 and 33. Recognizance taken out of court. 42 & 43 Vict. C. 49, s. 42. Second Schedule. Mode of giving security and enforcement thereof. 42 & 43 Vict. C. 49,s. 23. First Schedule. Forms Nos. 5 and 34. First Schedule. Forms Nos. 6,7 and 48. Second Schedule. Enforcing recognizance for appearance. 42 & 43 Vict. C. 49, s. 9 . First Schedule. Forms Nos. 5, 31, 35 and 46. First Schedule. Form No. 28. First Schedule. Forms Nos. 29, 30 and 47. Recovery of civil debts and costs. 42 & 43 Vict. C. 49, s. 6. First Schedule Form No. 61. Enforcing civil debt. 42 & 43 Vict. C. 49, s. 35. First Schedule. Forms Nos. 62-69. Scale of imprisonment for non-payment of money adjudged to be paid, etc. 42 & 43 Vict. C. 49, s. 5. [ef. S. 42.] [ef. No. 10 of 1899.] Power to award costs, and recovery thereof by distress. 11 & 12 Vict. C. 43, s. 18. Procedure for compelling prosecutor to pay costs. 11 & 12 Vict. C. 43, s. 26. First Schedule. Forms Nos. 44 and 58. Costs where fine does not exceed two dollars. 42 & 43 Vict. C. 49, s. 8. [ef. S. 58.] Procedure on information being laid. 11 & 12 Vict. C. 42, s. 1. First Schedule. Form No. 3. First Schedule. Form No. 1. First Schedule. Form No. 2. Warrant to apprehend for offence commited on high seas, etc. 11 & 12 Vict. C. 42, s. 2. Warrant to apprehend where indictment is filed by Attorney General and accused is at large. 11 & 12 Vict. C. 42, s. 3. First Schedule. Form No. 3. Information to lead warrant in first instance to be in writing and upon oath. 11 & 12 Vict. C. 42, s. 9. Form, etc., of warrants. 11 & 12 Vict. C. 42, s. 10. Summons or warrant for witness, etc. 11 & 12 Vict. C. 42, s. 16. First Schedule. Form No. 11. Power to remand accused. 11 & 12 Vict. C. 42, s. 21. First Schedule. Forms Nos. 12 and 76. First Schedule. Forms Nos. 77 and 78. Place where examination taken not an open court. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 19. Taking of evidence at hearing. 11 & 12 Vict. C. 42, s. 17. First Schedule. Form No. 13. Reading over depositions, and caution to accused. 11 & 12 Vict. C. 42, s. 18. First Schedule. Form No. 70. Examination of witnesses for accused. 30 & 31 Vict. C. 35, s. 3. Binding over of prosecutor and witnesses. 11 & 12 Vict. C. 42, s. 20 ; 30 & 31 Vict. C. 35, s. 3. First Schedule. Form No. 72. First Schedule. Form No. 73. First Schedule. Form No. 74. First Schedule. Form No. 75. [ef. No. 9 of 1899, s. 11.] Discharge or committal of accused. 11 & 12 Vict. C. 42, s. 25. Informing accused of committal. Right of accused to copy of depositions ,etc. 11 & 12 Vict. C. 42, s. 27. [ef. No. 9 of 1899, s. 11.] Saving as to Ordinances relating to women and girls. [ef. No. 4 of 1897.] Indictable offences which may be dealt with. Third Schedule. First Schedule. Form No. 83. Ordinance No. 7 of 1891. Procedure as to indictable offences triable summarily. 42 & 43 Vict. C. 49, s. 27. First Schedule. Forms Nos. 38 and 83. First Schedule. Form No. 84. Special powers for summary trial of certain indictable offences. Ordinance No. 2 of 1865. [ef.ss. 38 and 80.] Issue of process by one magistrate though hearing before two magistrates. 11 & 12 Vict. c. 43, s. 29. Procedure where two magistrates disagree. Flogging. Ordinance No. 2 of 1865. Ordinance No. 2 of l865. Ordinance No. 5 of l865. Ordinance No. 30 of 1915. Ordinance No. 4 of 1897. Ordinance No. 5 of 1903. Ordinance No. 25 of 1917. [ef. No.3 of 1903.] Power to sentence juvenile thief to be whipped for certain offences. Ordinances Nos. 10 of 1886 and 3 of 1903. Third Schedule. Power to fine in all cases. 42 & 43 Vict. C. 49, s. 4. Power to award compensation in addition to punishment. Power to sentence person using insulting language to or concerning magistrate. Power to award compensation or penalty for malicious prosecution or false testimony. Imprisonment for non-payment of fine under Ordinance No. 1 of 1845. Forfeiture of articles in certain cases. Penalty on person found drunk, etc., in public place. 35 & 36 Vict. C. 94, s. 12. Provisions relating to bail. First Schedule. Forms Nos. 79 and 80. First Schedule. Form No. 81. Warrant of deliverance where accused is in prison when bail granted. 11 & 12 Vict. C. 42, s. 24. First Schedule. Form No. 82. Review of decision and re-hearing by magistrate. [ef. No.9 of 1899, ss. 12-14.] Application to state case on point of law. 20 & 21 Vict. C. 43, s. 2; 42 & 43 Vict. C. 49, s. 33. First Schedule. Forms Nos. 85 and 88. Transmission of case to Regostrar, and notice to respondent. 20 & 21 Vict. C. 43, s. 3. Amendment of case by magistrate. Setting down case for argument. Full Court may send case back for amendment6. 20 & 21 Vict. c. 43, s. 7. Application for leave to appeal on question of fact by way of re-hearing. First Schedule. Form No. 86. Filing of motion in the Full Court. Procedure on re-hearing. Giving of security by ppellant and fees. First Schedule. Form No. 89. First Schedule. Form No. 90. Refusal to state case or to grant certificate for leave to appeal. 20 & 21 Vict. C. 43, s. 4. First Schedule. Form No. 87. Compelling magistrate to state or amend case or to grant certificate. 20 & 21 Vict. C. 43, s. 5. Power to the Full Court to determine questions on case stated or re-hearing. 20 & 21 Vict. C. 43, s. 6. Enforcing determination after appeal. 20 & 21 Vict. C. 43, s. 9. Issue of warrant of distress or commitment for execution of conviction or order after appeal. 11 & 12 Vict. C. 43, s. 27. First Schedule. Form No. 91. Power to judge to liberate appellant when in custody. Provision for absence or illness of one of the judges. Ordinance No. 27 of 1912. Action against magistrate for act within his jurisdiction. 11 & 12 Vict. C. 44, s. 1. Action for act done without or in excess of jurisdiction. 11 & 12 Vict. C. 44, s. 2. Action to be against convicting magistrate. 11 & 12 Vict. C. 44, s. 3. Compelling magistrate to do act, and immunity for doing it. 11 & 12 Vict. C. 44, s. 4. After appeal no action for anything done under warrant upon it. 11 & 12 Vict. C. 44, s. 6. Setting aside of action prohibited by the Ordinance. 11 & 12 Vict. c. 44, s. 7. Limitation of action. 11 & 12 Vict. c. 44, s. 8. Notice of action. 11 & 12 Vict. C. 44, s. 9. Tender and payment of money into court. 11 & 12 Vict. C. 44, s. 11. Nonsuit or verdict or judgment for defendant in certain cases. 11 & 12 Vict. C. 44, s. 12. Amount of damages in certain cases. 11 & 12 Vict. C. 44, s. 13. Rules. Second Schedule. Regulations as to costs and fees. Special appropriation of fine. Returns. Account of fines. Appendix. Form No. 1. Rule as to sum of which payment is deferred or to be made by instalments. Dispensing with account. Entry of receipt. Quarterly statement of Crown fines. Appendix. Form No. 2. Application of sum due under forfeited security. Form of security. Security book. Notice to principal of forfeiture of security. Application to vary order for sureties. Payment by defendant. Discharge of prisoner on payment. Costs of plaintiff or complainant in enforcing order. Delivery of additional copy of case stated. Mode of stating case. Costs of drawing and copying case. Ordinance No. 1 of 1868. Ordinance No. 1 of 1898. Ordinance No. 5 of 1865.