SALES OF REVERSIONS ORDINANCE, 1886

No. 3 of 1886.
An Ordinance to amend the law relating to sales of
reversions
[10th March, 1886.]

1. This Ordinance may be cited as the Sales of Reversions
Ordinance, 1886.

2. In this Ordinance, purchase includes every kind of
contract, conveyance, or assignment under or by which any
beneficial interest in any kind of property may be acquired.

3. No purchase, made bona^ fide and without fraud or
unfair dealing, of any reversionary interest in property of
any kind within this Colony shall be opened or set aside
merely on the ground of undervaluie.

As amended by Law Rev. Ord., 1923.
[Originally No. 5 of 1886. Law Rev. Ord., 1924.] Short title. Interpretation. 31 & 32 Vict.c. 4, s. 2. No bona fide purchase of reversion to be set aside for undervalue merely. 31 & 32 Vict.c. 4, s.1.

[Originally No. 5 of 1886. Law Rev. Ord., 1924.] Short title. Interpretation. 31 & 32 Vict.c. 4, s. 2. No bona fide purchase of reversion to be set aside for undervalue merely. 31 & 32 Vict.c. 4, s.1.

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INFANTS CUSTODY ORDINANCE, 1886

2 of 1886.

An Ordinance to amend the lav relating to the custody
of infants.
[10th March, 1886.]

1. This Ordinance may be cited as the Infants Custody
Ordinance, 1886.

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

2. It shall be lawful. for the Supreme Court, on the
petition presented in a summary way of the mother (by her
next friend, if necessary) of any infant under the age of
sixteen years, to order that the petitioner shall have access
to such infant at such time and subject to such regulations
as the court may deem proper; or to order that such infant
shall be delivered to the mother and reinain in or under her
custody or control or shall, if already in her custody or
under her control, remain therein until such infant shall
attain such, age, not exceeding sixteen years, as the court
may direct; and, further, to order that such custody or
control shall be suibject to such regulations, as regards
access by the father or guardian of such infant and other-
wise, as the court may deem proper.

3 No agreement contained in any separation deed made
between the father and mother of an infant shall be or be
deemed to be invalid by reason only of its providing that the
father of such infant shall give up the custody or control
thereof to the mother: Provided always that no court shall
enforce any such agreement if the court is of opinion that it
Will not be for the benefit of the infant to give effect thereto.
[Originally No. 4 of 1886. Law Rev. Ord., 1924.] Short title. Court may order mother to have access to and custody of infant under 16 years. 36 & 37 Vict.c. 12, s. 1. Provision as to custody of infant in separation deed. 36 & 37 Vict.c. 12, s. 2.

[Originally No. 4 of 1886. Law Rev. Ord., 1924.] Short title. Court may order mother to have access to and custody of infant under 16 years. 36 & 37 Vict.c. 12, s. 1. Provision as to custody of infant in separation deed. 36 & 37 Vict.c. 12, s. 2.

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APPORTIONMENT OF RENT ORDINANCE, 1886

-1886.-

No. 1 of 1886.
An Ordinance for the better apportionment of rents and
other periodical payments.
[10th March, 1886.]

1.' This Ordinance rnay be cited as the Apportionment of
Rent Ordinance, 1886.

2. An this Ordinance,

(a) Annuities include salaries and pensions.
(b) Dividends include (besides dividends strictly so
called) all payments made by the name of dividend, bonus,
or otherwise out of the revenue of trading or other public
companies, divisible between all or any of the members
of such respective companies, whether such payments are
usually made or declared at any fixed times or otherwise;
and all such divisible revenue shall, for the purposes of this
Ordinance, be deemed to have accrued by equal daily
increment during and within the period, for or in respect
of which the payment of the same revenue is declared or
expressed to be made, but the said word dividends shall not
include payments in the nature of a return or reimbursement
of capital.

(c). Rents include all periodical payments, or renderings
in lieu of or in the nature of rent.

3. All rents, annuities, dividends, and other periodical
payments in the nature of income (whether reserved or
made payable under, an instrument in writing or otherwise)
shall, like interest on money lent, be considered as accruing
from day to day, and shall be apportionable in respect of
time accordingly.


4. The apportioned part of any such rent, annuity,
dividend, or other payment shall be payable or recoverable,
in the case of a continuing rent, annuity, or other such
payment, when the entire portion of which such apportioned
part forms part becomes due and payable, and not before;
and, in the case of a rent, or other such, payment

As amended by Law Rev. Ord., 1923.

determined by re-entry, death, or otherwise, when the next
entire portion of the same would have been payable, if the
same had not so determined, and not before.

5. All persons and their respective executors, adminis-
trators, and assigns, and also the executors, administrators,
and assigns respectively of persons whose interests deter-
mine with their own deaths, shall have such or the same
remedies at law and in equity for recovering such apportion-
ed parts as aforesaid when payable (allowing proportionate
parts of all just allowances) as they respectively would have
had for recovering such entire portions as aforesaid if
entitled thereto respectively: Provided that persons liable
to pay rents reserved out of or charged on lands or tene-
ments, and the same lands or tenements, shall not be
resorted to for any such apportioned part forming part of
all entire or continning rent as aforesaid specifically, but the
entire or continuing rent, including such apportioned part,
shall be recovered and received by the person who, if the
tent had not been apportionable under this Ordinance or
otherwise, would have been entitled to such entire or
continuing rent, and such apportioned part shall be recover-
able from such person by the executors or other parties
entitled under this Ordinance to the same by action or suit.

6. Nothing in this Ordinance shall reader apportionable
any annual sums made payable in policies of assuance of
any description.

7. This Ordinance shall not extend to any case in which
it may be expressly stipulated that no apportionment shall
take place.
[Originally No. 2 of 1886. Law. Rev. Ord., 1924.] Short title. 33 & 34 Vict.c. 35, s. 1. Interpretation. 33 & 34 Vict.c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict.c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict.c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict.c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict.c. 35,s . 7.

[Originally No. 2 of 1886. Law. Rev. Ord., 1924.] Short title. 33 & 34 Vict.c. 35, s. 1. Interpretation. 33 & 34 Vict.c. 35, s. 5. Rents, etc., to accrue from day to day. 33 & 34 Vict.c. 35, s. 2. Apportioned part of rent, etc., to be payable when next entire portion due. 33 & 34 Vict.c. 35, s. 3. Remedies for recovering apportioned parts. 33 & 34 Vict.c. 35, s. 4. Exclusion of policies of assurance. 33 & 34 Vict.c. 35, s. 6. Exclusion by express stipulation. 33 & 34 Vict.c. 35,s . 7.

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MARRIED WOMEN (DISPOSITION OF PROPERTY) ORDINANCE, 1885

No. 5 of 1885.

An Ordinance to make provision with respect to the dis-
position of property by married women.
[20th May, 1885.]

1. This Ordinance may be cited as the Married Women
(Disposition of Property) Ordinance, 1885.

2. In this Ordinance,

(a) Estate includes an estate in equity as well as at law,
and also includes any interest, charge, lien, or incumbrance
in, upon, or affecting land, either at law or in equity, and
also any interest, charge, lien, or incumbrance in, upon, or
affecting money subject to be invested in the purchase of
land.

(b) Land includes land, messuages, and tenements of
any enture situate within the Colony and any undivided share
thereof.

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.


(c) Money subject to be invested in the, purchase of
land includes money, whether raised or to be raised, and
whether the amount thereof is or is not, ascertained, and
extends to stocks and funds and real and other securities
the produce of which is directed to be invested in the
purchase of land.

3. A married woman may by deed dispose of any land
and money subject to be invested in the purchase of land,
and also dispose of, disclaim, release, surrender, or ex-
tinguish any estate which she alone, or she and her husband
in her right, may have in any land or in any such money,
also release or extinguish any power which may be
vested in, or limited or to, her in to any
land or to any such money, or in regard to any estate in
any land or in any such money, as fully and effectually as
she could do if she were a feme sole, but no such disposition
disclaimer, release, surrender, or extinguishment shall be
valid and effectual unless her husband concurs in the deed
by which the same is effected, and unless the deed is
acknowledged by her as hereinafter directed: Provided that
the powers of disposition given to a married woman by
this Ordinance shall not interfere with any power which,
independently of this Ordinance, may be vested in, or
limited or reserved to, her, so as to prevent her from
exercising such power in any case, except so far as, by any
disposition made by her under this Ordinance, she may be
Prevented from so doing in consequence of such power
having been suspended or extinguished by such disposition.

4. Every deed to be executed by a married woman for
any of the purposes of this Ordinaince shall, on her executing
the same or afterwards, be produced and ackowledged
by her act and deed before a commissioner, to be
appointed as hereinafter provided.

5. The commissioner, before he shall receive such
acknowledgment, shall examine the woman apart from her
husband touching her knowledge of such deed, and shall
ascertain whether she freely and voluntarily consents to
such deed, and, unless she does so, shall not permit her to
acknowledge the same, and in such case such deed shall,
so far as relates to the execution thereof by such married
woman, be void.























6.-(1) The Chief Justice may, whenever it seems desir-
able to him to do so, appoint one or more commissioners for
taking acknowledgments by married women of the deeds to
be executed by them as aforesaid, and such commissioners
shall be removable by and at the pleasure of the Chief
Justice.

(2) The Chief Justice may also, as occasion may require,
appoint a special commissioner to take the acknowledgment
of any particular married woman in England or in any other
place out of the Colony.

7.-(1) When a married woman acknowledges any such
deed, the commissioner taking such acknowledgment shall
sigA.a niei-norandii-i-n.to be indorsed On, or written at thefoot
or in the margin of, such deed, which memorandum shall
be to the following effect:-

This deed marked [here add some letter or other mark for the
purpose of identification] was this day produced before me
and acknowledued by therein named, to be her act and
deed, previous to which acknowledgment the said was
exatnined by ine separately and apart from her husband touching
her knowledge of the contents of the said deed and her consent
thereto, and declared the same to be freely and voluntarily execut-
ed by her.

(2) The same commissioner shall also sign a certificate
of the taking of such acknowledgment, which shall be to the
following effect:-

This is to certify that on the day of , 19
before me, the undersigned A.B., a commissioner appointed for
the Colony of Hongkong for taking the acknowledgments of
deeds by married women pursuant to the Married Women
(Disporition of Property) Ordinance, 1885, appeared per
sonally the wife if and produced a
certain indenture marked [here add the mark] bearing date the
day of 19 , and made between.
names of the parties] and ucknowledged the same to be, her act
and deed ; and I do hereby certify that the said was, at
the time of her acknowledging the said deed, of apparent full age
and competent understanding and that she was examined by me
apart from her husband tourching her knowledge of the contents
of the said deed, and that she freely and voluntarily consented to
the same.

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
















As amended.by.liw Am_0rd., 1923.





8. Every such certificate, within three months of its
being signed, shall be lodged with the Land Officer, who
shall examine the certificate and see that it is in due form
and is duly signed by the commissioner, and, if the req-
uisites in this Ordinance in that respect have been complied
with, shall cause the same to be filed as of record in the
Land Office.

9. When the certificate is so filed, the deed so acknowl-
edged, so far as regards the disposition, disclaimer, release,
surrender, or extinguishment thereby made, shall take effect
from the time of its being acknowledged, and the filing of
the certificate shall have relation to such acknowledgment.

10. The Land Officer shall at any time deliver a copy,
signed by him, of any such certificate to any person apply
ing for such copy, and every such copy shall he received as
evidence of the acknowledgment of the deed to which such
certificate refers.

11. If a husband is, in consequence of unsound mind, or
from any other cause, incapable of executing a deed, or if
his residence is not known, or he is in prison, or is living
apart from his wife, either by mutual consent, or by
sentence of divorce, or from any other cause whatsoever,
the Chief Justice may, by an order to be made in a summary
way on the application of the wife and on such evidence
as to him may seem meet, dispense with the concurrence
of the husband in any case in which his concurrence is
required by this Ordinance or otherwise; and all acts
and deeds to be done, executed, or made by the wife in
pursuance of such order, in regard to any land or in regard
to money subject to be invested in the purchase of land,
shall be as good and valid as they would have been if
the husband had concurred, but without prejudice to the
rights of the husband as then existing independently of this
Ordinance.

No. 6 of 1885, repealed by No. 18 of 1914.
[Originally No. 12 of 1885. Law Rev. Ord., 1924.] Short title. [cf. No. 5 of 1901, s. 2.] Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, to dispose of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filing of certificate to be lodged in Land. Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Case in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91.

[Originally No. 12 of 1885. Law Rev. Ord., 1924.] Short title. [cf. No. 5 of 1901, s. 2.] Interpretation. 3 & 4 Will. 4, c. 74, s. 1. Right of married woman, with her husband's concurrence, by deed acknowledged, to dispose of land. 3 & 4 Will. 4, c. 74, ss. 77, 78. Acknowledgment of deed by married woman. 3 & 4 Will. 4, c. 74, s. 79. Examination of married woman apart from her husband. 3 & 4 Will. 4, c. 74, s. 80. Appointment of commissioners to take acknowledgments. 3 & 4 Will. 4, c. 74, s. 81. Signing of memorandum on deed by commissioner taking acknowledgment. 3 & 4 Will. 4, c. 74, s. 84. Filing of certificate to be lodged in Land. Office. 3 & 4 Will. 4, c. 74, s. 85. Deed to take effect from time of acknowledgment. 3 & 4 Will. 4, c. 74, s. 86. Use of copy of certificate as evidence. 3 & 4 Will. 4, c. 74, s. 88. Case in which husband's concurrence may be dispensed with. 3 & 4 Will. 4, c. 74, s. 91.

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VICAR APOSTOLIC INCORPORATION ORDINANCE, 1885

No. 4 of 1885.


An Ordinance for the incorporation of the vicar Apostolic
of the Roman Catholic Church in this Colony.

1. This Ordinance may be cited as the, Vicar Apostolic
Incorporation Ordinance,. 1885.

The Vicar Apostolic of the Roman Catholic Church in
this, Colony, or the Roman Catholic dignitary having the
supreine ecclesiastical jurisdiction in this Colony in the Roman
Catholic Church, shall be a body corporate, and shall have the
name of The Vicar Apostolic of the Roman Catholic Church
in Hongkong, and by that name shall have perpetual succes-
sion, and shall and may sue and be sued in all courts in

As amended by Law Rev. Ord., 1923.


this Colony, and shall and may have and use a common seal,
and the said seal may break, chagne, alte, and make anew
as to the said corporation may seem fit, and the said corpora-
tion shall have full power to acquire, purchase, take, hold,
and enjoy, for the use of the Roman Catholic Church in this
Colonu, all lands, messuages, and tenements of what nature
or kind soever for a life or lives or for a term of years, and
also all manner of goods and chattels whatsoever; and the
said corporation is hereby further empowered by deed under its
seal, to mortgage, sell, or demise, grant, convey, or otjherwise
dispose of any lands, buildings, messuages, and tenements
vested in the said corporation, upon such terms as if may see
fit: Provided always that no lands, buildings, messuages or
tenements acquired with public money or granted by the
Government for any special purpose previous to the com-
mencement of this ORdinance shall be disposed of without the
consent of the Governor in Council.

[s. 3, rep. No. 62 of 1911.]

4. Nothing in this Ordinance shall afect or be deemed to
affect the rights of His Majesty the King.
[Originally No. 10 of 1885. Law Rev. Ord., 1924.] Short title. Incorporation of Vicar Apostolic of Roman Catholic Church in the Colony. Saving of rights of the Crown.

[Originally No. 10 of 1885. Law Rev. Ord., 1924.] Short title. Incorporation of Vicar Apostolic of Roman Catholic Church in the Colony. Saving of rights of the Crown.

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BILLS OF EXCHANGE ORDINANCE, 1885

No. 3 of 1885.

An Ordinance to codity the law relating tho bills of exchange,
cheques and promissory notes.
[4th May, 1885.]

PART I.
Preliminary Provisions.

1. This Ordinance may be cited as the Bills of Exchange
Ordinance, 1885.

* As amended by Law Am. Ord., 1923.
+ As amended by Law Rev. Ord., 1923. The numbering of the sections in this
Ordinance corresponds with that of the sections in the Bills of Exchange
Act, 1882.
+ As amended by Law Rev. Ord., 1923.


2. In this Ordinance,

(a) Acceptance means an acceptance completed by
delivery or notification.

(b) Action means action or suit and includes counter-
claim and set-off.

(c) Banker inculdes a body of persons, whether incor-
porated or not, who carry on the business of banking.

(d) Bankrupt includes any person whose estate is vest-
ed in a trustee or assignee under the law relating to bank-
ruptcy.

(f) Bill means bill of excchange, and note means
promissory note.

(g) Delivery means transfer of possession,actual or
constructive, from one person to another.

(h) General holiday has the same meaning as in the
Holidays Ordinance, 1912.

(i) Holder means the payee or indorsee of a ill ornote
who is in possessionof it, or the bearer thereof.

(j) Indorsement means an indorsement completed by
delivery.

(k) Issue means the first delivery of a bill or note, com-
plete in from, to a person who takes it as a holder.

(l) Penson includes a body of persons, whether in-
corporated or not.

(m) Value means valuable consideration.

PART II.

BILLS OF EXCHANGE.

Form and interpretation.

3.-(1) A bill of exchange is an unconditional order in
writing, addressed by one person to another, signed by the
person giving it, requiring the peson to whom it is address-
ed to pay on demand or at a fixed or determinable future
time a sum certain in money to, or to the order of, a specified
person or to bearer.

































(2) An instrument which does not comply with these con-
ditions, or which orders any act to be done in addition to the
payment of money, is not a bill of exchange.

(3) An order to pay out of a particular fund is not un-
conditional within the meaning of this section; but an
unqualified order to pay, coupled with-

(a) an indication of a particular fund out of which the
drawee is to reimburse himself or a particular account to be
debited with the amount; or

(b) a statement of the transaction which gives rise to the
bill, is unconditional.

(4) A bill is not invalid by reason-

(a) that it is not dated;

(b) that it does not specify the value given or that any
value has been given therefor;

(c) that it does not specify the place where it is drawn or
the place where it is payable.

4.-(1) An inland bill is a bill which is or on the face of
it purports to be,-

(a) both drawn and payable within this Colony; or

(b) drawn within this Colony, upon some person resident
therein.

(2) any other bill is a foreign bill.

(3) Unless the contrary appears on the face of the bill,
the holder may treat it as an inland bill.

5.-(1) A bill may be drawn pauable to, or to the order
of, the drawer; or it may be drawn payable to, or to the
order of, the drawee.

(2) Where, in a bill, drawer and drawee are the same
person, or where the drawee is a fictitious person or a
person not having capacity to contract, the holder may treat
the instrument, at his option, either as a bill of exchagne or
as a promissory note.

6.-(1) The drawee must be named or otherwise indicated
in a bill with reasonable certainly.

(2) A bill may be addressed to two or more drawees,
whether they are partners or not, but an order addressed to








































twp drawees in the alternative, or to two or more drawees
in succession, is not a bill of exchange.

7.-(1) Where a bill is not payable to bearer, the payee
must be named or otherwise indicated therein with reason-
able certainly.

(2) A bill may be payable to two or more payees jointly,
or it may be made payable in the alternative to one of two
or one or some of several payees. A bill may also be made
payable to the holder of an office for the time being.

(3) Where the payee is a fictitious or non-existing person,
the bill may be treated as pauable to bearer.

8.-(1) Where a bill contains words prohibiting transfer,
or indicating an intention that it should not be transfer-
able, it is valid as between the parties thereto, but is not
negotiable.

(2) A negotiable bill may be pauable either to order or to
bearer.

(3) A bill is pauable to bearer which is expressed to be so
payable, or on which the only or last indorsement is an
indorsement in blank.

(4) A bill is payable to order which is expressed to be so
payable, or which is expressed to be payable to a particular
peson, and does not contain words prohibitiing transfer or
indicating an intention that it should not be transferable.

(5) Where a bill either originally or by indorsement, is
expressed to be pauable to the orde of a specified person,
and not tho him or is orde, it is nevertheless payable to
him or his order at his option.

9.-(1) The sum payable by a bill is a sum certain withn
the meaning of this Ordinance, although it is required to
be paid-

(a) with interest;

(b) by stated instalemtns;

(c) by stated instalemtns, with a provision that, upon
default in payment o fnay instalment, the whole shall
become due;




























(d) according to an indicated rate of exchange or accord-
ing to a rate of exchange to be ascertained as directed by
the bill.

(2) Where the sum payable is expressed in words and
also in figures, and there is a discrepancy between the two,
the sum denoted by the words is the amount payable.

(3) Where a bill is expressed to be payable with nterest,
unless the instrument otherwise provides, interest runs from
the date of the bill, and, if the bill is undated, from the
issue thereof.

10.-(1) Abill is payable on demand-

(a) which is expressed to be payable on demand, or at
sight, or on presentation; or

(b) in which no time for payment is expressed.

(2) Where a bill is accepted or indorsed when it is over-
due, it shall, as regards the acceptor who so accepts or any
indorser who so indorses it, be deemed a bill payable on
demand.

11.-(1) A bill is paybale at a determinable future tme
within the meaning o fhtis Ordinance which is expressed to
be payable-

(a) at a fixed period after date or sight;

(b) on or at a fixed period after the occurrence of a
specified event which is certain to happen, though the time
of happening may be uncertain.

(2) An instrument expressed to be payable on a con-
tingency is not a bill, and the happening of the event does
not cure the defect.

12. Where a bill expressed to be payable at a fixed period
after date is issued undated, or where the acceptance of a
bill pauable at a fixed period after sight is undated, any
holder may insert therein the true date of issue of accept-
ance, and the bill shall be payable accordingly: Provided
that-

(1) where the holder in good faith and by mistake inserts
a wrong date; and




































(2) in every case where a wrong date is inserted,
if the bill subsequently comes into the hands of a holder in
due course, the bill shall not be avoided but shall
operate and be payable as if the date so inserted had been
the true date.

13.-(1) Where a bill or in acceptance or any indorsement
on a bill is dated, the date shall, unless the contrary is proved,
be deemed to be the true date of the drawing, acceptance, or
indorsement, is the case may be.

(2) A bill is not invalid by reason only that it is ante-dated
or post-dated, or that it bears date on a Sunday or any other
general holiday.

14. Where a bill is not payable on demand, the day on
which it falls due is detemined as follws:-

(1) three days, called days of grace, are, in every case
where the bill itself does not otherwise provide, added to the
time of payment as fixed by the bill, and the bill is due and,
payable on the last day of grace: Provided that when the
last day of grace, is a general holiday other than Sunday,
Christmas Day or Good Friday, or when the last day of grace
and also the second day of grace are general holidays the
bill is due and payable on the succeeding business day:
Provided also that when the last day of grace falls on a
Sunday, Christmas Day or Good Friday which is not
immediately preceded by another general holiday the bill is
due and payable on the preceding business day.

(2) where a bill is payable at a fixed, period date,
after sight, or after the happening o a specified event, the
time of payment, is determined by excluding the day from
which the time is to run and by including the day
of payment;

(3) where a bill is payable at a fixed period after sight,
the time begins to run from the date of the acceptance if the
bill is accepted, and from the date of noting or protest if the
bill is noted or protested for non-acceptance or for non-
delivery;

(4) the term month in a bill means calendar month,

The drawer of a bill and any indorser may insert
therein the name of a person to whom the holder may resort
in case of need, that is to say, in case the bill is dishonoured



by non-acceptance or non-payment. such person is called
the referee in case of need. If is in theoption of the holder
to rsort to the referee in case of need or not, as he may
think fit.

16. The drawer of a bill and any indorser may insert
therein an express stupulation-

(1) negativing or limiting his own liabilit to the holder;

(2) waiving, as regards himself,some or all of the holder's
duties.

17.-(1) The acceptance of a bill is the signification by
the drawee of his assent to the order of the drawer.

(2) an acceptance is invalid unless it complies with the
following conditions, namely,-

(a) it must be written on the bill and be signed by the
drawee. the mere signature of the drawee, without additional
words, is sufficient;

(b) it must not express that the drawee will preform his
promise by aany other mens thant he payment of maoney.

18.-(1) A bill may be accepted-
(a) before it has been signed by the drawer, or while
other wise incomplete;

(b) when it is overdue, or after it has been dishonoured
by a previous refusal to accept or by non-payment.

(2) When a bill payable after sifght is dishonoured by
non-acceptance, and the drawee subsequently accepts,\ it, the
holder, in the absence of any different agreement, is entitled
to have the bill accepted as of the date of first presentment
to the drawee for acceptance.

19.-(1) An acceptance is either (a) general; or
qualified.

(2) A genera;l acceptance asents without qualification to
the order of the drawer. A qualified acceptance in express
terms varies the effect of the bill as drawn.

(3) In particular, an acceptance is qualified which is-

(a) conditional, that is to say, which makes payment by
the acceptor dependent on the fulfilment of a condition
therein stated;














































(b) partial, that is to say, an acceptance to pay part only
of the amount for which the bill is drawn;

(c) local, that is to say, an acceptance to pay only at a
particular specified place; an acceptance to pay at a particular
place is a general acceptance, unless it expressly states that
the bill is to be paid there only and not elsewhere;

(d) qualified as to time-;

(e) the acceptance of some one more of the drawees,
but not of all.

20.-.(1) Where a simple signature on a blank stamped
paper is delivered by the signer in order that it may be con-
verted into a bill, it operates as a prima facie authority to
fill it up as a complete bill for any amount the stamp will
cover, using, the signature for that of the drawer, or the
acceptor, or an indorser; and, in like manner, when a bill is
wanting in any material particular, the person in possession
of it has a prima facie authority to fill up the omission in,
any way he thinks fit.

(2) In order that any such instrument, when completed,
may be enforceable against any person who became a party
thereto prior to its completion, it must be filled tip within a
reasonable time and strictly in accordance with the authority
given. Reasonable time for this purpose is a question of
fact:

Provided that if any such instrument after completion is
negotiated to a holder in due course, it shall be valid and
effectual for all purposes in his hands, and he may enforce it
as if it had been filled up within a reasonable time and
strictly in accordance with the authority given.

21.-(1) Every contract on a bill, whether it is the drawer's,
the acceptor's or an indorser's, is incomplete and revocable,
until delivery of the instrument in order to give effect
thereto:

Provided that where an acceptance is written on a bill, and
the drawee gives notice to or according to the directions of
the person entitled to the bill that he has accepted it, the
acceptance then becomes complete and irrevocable.

(2) As between immediate parties, and as regards a remote
party other than a holder in due course, the delivery-


(a) in order to be effectual, must be made either by or
under the authority of the party drawing, accepting, or
indorsing, as the case may be;

(b) may be shown to have been conditional or for a special
purpose only, and not for the purpose of transferring the
property in the bill:

but if the bill is in the hands of a holder in due course, a
valid delivery of the bill by all parties prior to him, or as to
make them liable to him, is conclusively presumed.

(3) Where a bill is no longe in the possession of a party who
has signed it as drawer, acceptor, or indorser, a valid and
unconditional delivery by him is presumed until the dontrary
is proved.

Capacity and authority of parties.

22.-(1) Capacity to incur liability as a party to a bill is
co-extensive with capacity to contract:

Provided that nothing in this section shall enable a
corporatiion to make itself liable as drawer, acceptor, or
indorser of a bill unless it is competent to it to do so under
the law relating to corporations.

(2) Where a bill is drawn or indorsed by an infant, minor,
or corporation having no capacity or power to incur liability
on a bill, the drawing or indorsement entitles the holder to
receive paymeent of the bill, and to enfore it against any
other party thereto.

23. No person is liable as drawer, indorser, or acceptor of
a bill who has not signed it as such: Provided that-

(1) where a person signs a bill in a trade or assumed name,
he is liable thereon as if he had signed it in his own name;

(2) the signature of the name of a firm is equivalent to
the signature by the person so signng of the names of all
pesons liables as partners in that firm.

24. Subject to the provisions of this Ordinance, where a
signature on a bill is forged or placed thereon without the
authority of the person whose signature it purports to be,
the forged or unauthorised signature is wholly inoperative,
and no right ot retain the bill, or to give a discharge therefor,
or to enforce payment thereof agaisnt any party thereto can



































be acquired through or under that signature, unless the
party against, whom it is sought to retain or enforce payment
of the bill is, precluded from setting up the forgery or want
of authority:

Provided that nothing in this section shall affect the
ratification of an authorised signature not amounting to a
forgery.

25. A signature by procuration operates as notice that the
agent limited a limited authority to sign, and the principal
is only bound by such signature if the agent in so signing
was acting within the actual limits of his authority.

26.-(1) Where a person signs a bill as drawer, indorser,
oracceptor, and adds words to his, signature, indicating that
he signs for or on behalf of a principal or in a representative
character, he is not personally liable thereon; but the mere
addition to his signature of words describing him as an
agent, or as filling a representative character, does not exempt
him from personal liability.

(2) In determining whether a signature on a bill is that of
the principal or that of the agent by whose, hand it is written,
the construction most favourable to the validity of the. instru-
ment shall be adopted.

Consideration for bill.

27. Valuable consideration for a bill may be con-
stituted by-

(a) any consideration sufficient to support a simple
contract;

(b) an antecedent debt or liabity. Such a debt or liability
is deemed valuable consideration whether the bill is payable
on deemed or at a future time.

(2) Where value has at any time been given for a bill, the
holder is deemed to be a holder, for value as regards the
acceptor and all parties to the bill who became, parties prior
to such time.
(3) Where the holder of a bill has a lien on it, arising
either from contract or by implication of law, he is deemed
to be, a holder for, value to the extent of the sum for which
he has a lien.


28.-(1) An accommodation party to a bill is a person
who has signed a bill as drawer, acceptor, or indorser, with-
out receiving, value therefor, and for the purpose of lending
his name to some other person.

(2) An accommodatio party is liableon the bill to a
holder for value;, and it is immaterial whether, when such
holder took the bill, he knew such party to be accommoda-
tion party or not.

29.-(1) A holder in due course is a holder who has taken
a bill, complete and regular on the face of it, under the
following conditions, namely,-

(a) that he became the holder of it before it was overdue,
and without notice it had been previously dishonoured,
if such was the fact;

(b) that he tookthebillin good faithand for value, and
that at the time the bill was negotiated to him he had no
notice of any defect in the title of the person who negotiated
it.

(2) n particular, the title of a person who negotiates a
bill is defective within the meaning of this Ordinance when
he obtained the bill, or the acceptance thereof, by fraud,
duress, or force and fear, or other unlawful means , or for an
illegal consideration, or when he negotiates it in breach of
faith or in such circumstances as amount to a fraud.

(3) A holder (whether for value or not) who derives his
title to a bill throught a holder in due course, and who is not
himself a party to any fraud or illegality affeting it, has all
the rights of that holder in due course as regards the acceptor
and all parties to the bill prior to that holder.

30.-(1) Every party whose signature appears on a bill is
prima facie deemed to have become a party thereto for value.

(2) Every holder of a bill is prima facie deemed to be a
holder in due course; but if, in an action on a bill, it is
admitted or porved that the acceptance, issue, or subsequent
negotiation of the bill is affected with fraud, duress, or force
and fear, or illegalty, the burden of proof is shifted unless
and until the holder proves that, subsequent to the alleged
fraud or illegality, value has in good faith been given for the
bill.


























Negotiation of bill.

(1) A bill is negotiated when it is transferred from
one person to another in such a manner is to constitute the
transferee the holder of the bill.

(2) A bill payable to bearer is negotiated by delivery.

(3) A bill payable to order is negotiated by the indorse-
ment of the holder completed by delivery.

(4) Where the hold of a bill payable to his order transfers
it for value within indorsing it, the transfer gives the
transferee such title as the transferor had in the bill, and the
transferee in addition acquires the right to have the indorse-
ment of the transferor.

(5) Where any person is under obligation to indorse a bill
in a representative capacity, he may indorse the bill in such
term as, to negative personal liability.

32. An indorsement in order to operate as a negotiation
must comply with the following conditions, namely,-

(1) it must be written on the bill itself and be signed by the
indorser. The simple signature of the indorser on the bill,
without additional words, is sufficient. an indorsement
written on an allonge, or on a copy of a bill issued or
negotiated in a country where copies are recognised, is
deemed to be written on the biol itself;

(2) it must be an indorsement of the entire bill. A partial
indorsement, that is to say, an indorsement which purports to
transfer to the indorsee a part only of the amount payable,
or which purports to transfer the bill to two or more indorsees
severally, does not operate as a negotiation of the bill;

(3) where a bill is payable to the order of two or more
payees or indorsees who are not partners, all must indorse,
unless the one indorsing has authority to indorse for the
others;

(4) where, in a bill payable to order, the payee or indorsee
is wrongly designeated or is name is mis-spelt, he may indorse
the bill as therein described, adding, if he thinks fit, his
proper signature;

(5) where there are two or more indorsements on a bill,
each indorsement is deemed to have been in the order in
which it appears on the bill, until the contrary is proved;































(6) an indorsement may be made in blank or special. It
may also contain terms making it restrictive.

33. Where a bill purports to be indorsed conditionally,
the condition may be disregarded by the payer, adn payment
to the indorsee is valid whether the condition has been fulfilled
or not.

34.-(1) an indorsement in blank specifies no indorsee,
and a bill so indorsed becomes payable to bearer.

(2) A special indorsement specifies the person to whom,
or to whose order, the bill is to be pauable.

(3) The rovisionso of this Ordinance relating to a payee
apply, with the necessary modifications, to an indorsee under
a special indorsement.

(4) When a bill has been indorsed in blank, any holder
may convert the blank indorsement into a special indorsement
by writing above the indorser's signature a direction to pay
the bill to or to the order of himself or some other person.

35.-(1) An indorsement is restrictive which prohibits
the further negotiation of the bill or which expresses that it
is a mere authority to deal with the bill as thereby directed
and not a transfer of the ownership thereof, as, for example,
is a bill is indorsed Pay D only, or Pay D for the account
of X, or Pay D or order for collection.

(2) A restrictive indorsement gives the indorsee the right
to receive payment of the bill and to sue any party thereto
that his indorser could have sued, but gives him no power to
transfer his rights as indorsee, unless it expressly authoritses
him to do so.

(2) A restrictive indorsement gives the indorsee the right
to receive payment of the bill and to sue any party thereto
that his indorser could have sued, but gives him no power to
transfer his rights as indorsee, unless it expressly authorises
him to do so.

(3) Where a restrictive indorsement authorises further
transfer, all subsequent indorsees tak e the bill with the same
rights and subject to the same liabilities as the first indorsee
under the restrictive indorsement.

36.-(1) Where a bill is negotiable in its origin, it
continuese to be negotiable until it has been-

(a) restrictively indorse; or

(b) discharged by payment or otherwise.
































































(2) Where an overdue bill is negotiated, it can only be
negotiated subject to any defect of title affecting it at its
maturity, and thenceforward no person who takes it can
acquire or give a better title than that which the person froin
whom he took it had.

(3) A bill payable on dernand is deemed to be overdue,
within the meaning and for the purposes of this section, when
it appears on the face of it to have been in circulation for an
unreasonable length of time. What is an unreasonable
length of time for this purpose is a question of fact.

(4) Except where an indorsement bears date after the
maturity of the bill, every negotiation is prima facie deemed
to have been effected before the bill was overdue.

(5) Where a bill which is not overdue has been dishonoured,
any person who takes it with notice of the dishonour takes it,
subject to any defect of title attaching thereto at the time of
dishollour, but nothing in this. sub-section shall affect the
rights of a holder in due course.

37. Where a bill is negotiated back to the drawer, or to
a prior indorser, or to the acceptor, such party may, subject
to, the provisions of this Ordinance, re-issue and
negotiate the bill, but he is not entitled to enforce payment
of the bill against any interventing party to whom he was
previously liable.

38. The rights and powers of the holder of a bill are as
folows:-

(1) he may, sue on the bill in his, own name.,

(2) where he is a holder in due course, he holds the bill
free from any defect of title of prior parties, as well as from
mere personal defences available to prior parties among
themselves, and rnay enforce payment against all parties
liable on the bill;

(3) where his title is defective,

(a) if he negotiates the bill to a holder in due course, that
holder obtains a good and complete title to the bill; and,

(b) if he obtains payment of the bill, the person who pays,
him in due course gets a valid discharge for the bill.


General duties of the holder,

39.- (1) Where a bill is payable after sight, presentment
for acceptance is necessary in order to fix the maturity of
the instrument.

(2) Where a bill expressly stipulates that it shall be
presented for acceptance, or where a bill is drawn payable
elsewhere than at the place of business or residence of the
drawee, it must be presented for acceptance before it can
be presented for payment.

(3) In no other case is presentment for acceptance neces-
sary in order to render liable any party to the bill.

(4) Where the holder of a bill, drawn payable elsewhere
than at the place of business or residence of the drawee,
has not time, with the exercise of reasonable diligence, to
present the bill for acceptance before presenting it for
payment on the day that it falls due, the delay caused by
presenting the bill for acceptance before presenting it for
payment is excused, and does not discharge the drawer and
indorsers.

40.-(1) Subbject to the provisions of this Ordinance,
when a bill payable after sight is negotiated, the holder
must either present it for acceptance or negotiate it within
a reasonable time.

(2) If he does not do so, the drawer and all indorsers
prior to that holder are discharged.

(3) In determining what is a reasonable time within the
meaning of this section, regard shall be had to the nature
of the bill, the usage of trade with respect to similar bill,s
and the facts of the particular case.

41.-(1) a bill is duly presented for acceptancee which is
presented in accordance with the following rules:-

(a) the presentment must be made by or on behalf of the
holder to the drawee, or to some person authorised to accept
or refuse acceptance on his behalf, at a reasonable hour on
a business day and before the bill is overdue;

(b) where a bill is addressed to two or more drawees, who
aere not partners, presentment must be made to them all,
unless one has authority to accept for all, then presentment
may be made to him only;
























(c) where the drawee is dead, presentment may te made
to his personal representative;

(d) where the drawee is bankrupt, presentment may be
made to him or to his trustee or assignee;

(e) where authorised by agreement or usage, a present-
ment through the Post Office is sufficient.

(2) Presentment in accordance with these rules is excused,.
and a bil may be treated as dishonoured by non-accept-
ance,-

(a) where the drawee is dead or bankrupt, or is a fictitious
person or a person not having capacity to contract by bill;

(b) where, after the exercise of reasonable diligence, such
presentment cannot be, effected;

(c) where, although the preseutnient has been irregular,
accptance has been refused on some other ground.

(3) The fact that the holder has reason to believe that the
bill, on presentment, will be dishonoured does not excuse
presentment.

42. When a bill is duly presented for acceptance and
is not accepted within the customary time, the person
presenting it must treat, it as dishonoured by non-acceptance.
If he does not, the holder shall lose his right of recourse
against the drawer and indorsers.

43.-(1) A bill is dishonoured by non-acceptance-

(a) when it is duly presented for acceptance, and such an
acceptance as is prescribed by this Ordinance is refused or
cannot be obtained; or

(b) when presentment for acceptance is excused and the
bill, is not accepted.

(2) Subjedt to the provisions of this Ordinance, when a
bill is dishonoured by non-acceptance, an immmediate right of
recourse against the drawer and indorsers accrues to the
holder, and no presentment for payment is necessary.

44.-(1) The holdel of a bill May refuse to take a quali-
fied acceptance, and, if he does not obtain an unqualified
acceptance, may treat the bill as dishonoured by non-accept-
ance.




(2) Where a qualified acceptance is taken, and the, drawer
has not expressly or impliedly authorised the
holder to take a qualified acceptance or does
assent thereto, such drawer or indorser is discharged from his
liability on the bill. The provisions of this sub-section do
not apply to a partial acceptance, whereof due notice has
been given Where a foreign bill has been accepted as to
part, it must be protested as to the balance.

(3) When the drawer or, indorser of a bill receives notice
of a qualified acceptance, and does not within a reasonable
time express his dissent to the holder, he shall be deemed to
hive assented thereto.


45. Subject to the provisions of this Ordinance a bill
must be duly presented for payment. If it is not so present-
ed, the drawer and indorsers shall be discharged. A bill is
duly presented for payment which is presented in accordance
with the following rules:-'

(1) where the bill is not payable on demand, presentment
must be made on the day it falls due;

(2) where the bill is payable on demand, then subject to
the provisions of this Ordinance, presentment must be made
within a reasonable time after its issue, in order to render
to drawer liable, and within a resaonable time after its in-
dorsement, in order to rende the indorser liable. In deter-
mining what is a reasonable time, regard shall be hd to the
nature of the bill, the usage of trade with respect to similar
bills, and the facts of the particular casse;

(3) pesentment mus be made by the holder, or by some
person authorised to recceive payment on his behalf, at a
reasonable hour on a business day, at the propert place as
hereinafter defined, either to the person designated by the
bills payer or to some person authorised to pay or refuse
payment on his behalf, if, with the exercise of reasonable
diligence, such person can there be found;

(4) a bill is presented at the proper place-

(a) where a place of payment is specified in the bill and
the bill is there presented;

(b) where no place of payment s specified, but the address
of the drawee or acceptor is given in the bill, and the bill is
there presented;

























(c) where no place of payinent is specified and no address
given, and the bill is presented at the drawee's or acceptor's
place of business, if known, and, if not, at his ordinary re-
sidence, if known;

(d) in any other case, if presented to the drawee or
acceptor wherever he can be found, or if presented at his
last-known place of business or residence;

(5) where a bill is presented at the proper place, and,
after the exercise of reasonable diligence, no person author-
ised to pay or refuse payment can be found there, no further
presentment to the drawee or acceptor is required;

(6) where a bill is drawn upon or accepted by two or
more persons who.are not partners, and no place of payment
is specified, presentment must be made to them all;

(7) where the drawee or acceptor of a bill is dead, and no
place of payment is specified, presentment must be made to
a personal representative, if such there be, and, with the
exercise of reasonable diligence he can be found;

(8) where authorised by agreement or usage, a present-
ment through the Post Office is sufficient.

46.-(1) Delay in making presentment for payment is
exedsed when the delay is caused by circumstances beyond
the control of the holder, and not imputable to his default,
misconduct, or negligence. When the cause of delay ceases
to operate, presentnient must he niade with reasonable
diligence.

(2) Presentment for payment is dispensed with-

(a) where, after the exercise of reasonable diligence, pre-
sentment, as required by this Ordinarice, cannot be effected.
The fact that the holder has reason to believe that the bill
will, on presentment, be dishonoured dones not dispense with
the necessity for presentment;

(b) where the drawee is a fictitious person;

(c) as regards the drawer, where the drawee or acceptor
is not bound, as between himself and the drawer, to accept
or pay the bill, and the drawer has no reason to believe that
the bill would be paid, if presented

cf. No. 15 of 1916, s. 2 for delay ia presentment of a bill for payment due to war.


(d) as regards an indorser, where the bill was accepted or
made for the accommodation of that indorser, and he has no
reason to expect that the bill would be paid, if presented;

(e) by waiveeeer of presentment, express or implied.

47.-(1) A bill is dishonoured by non-payment-

(a) when it is duly prrsented for payment and payment is
refused or cannot be obtained; or

(b) when presentment is excused and the bill is overdue
and unpaid.

(2) Subject to the provisions of this Ordinance, when a
bill is dshonoured by non-payment, an immediate right of
recourse against the drawer and indorsers accrues to the
holder.

48. Subject to the provisions of this Ordinance, when a
bill has been dishonoured by non-acceptance or by non-
payment, notice of dishonour must begiven to the drawer
and each indorser, and any drawer or indorser to whom
such notice is not given is discharged: Provided that-

(1) where a bill is dishonoured by non-acceptance and
notice of dishonour is not given, the rights of a holder in
due course subsequent to the omission shall not be prejudiced
by the ommission;

(2) where a bill is dishonoured by non-acceptance and due
notice of dishonour is given, it shall not be necessary to give
notice of a subsequent dishonour by non-payment, unless the
bill has in the meantime been accepted.

49. Notice of dishonour, in order to be valid and effectual,
must be given in accordance with the following rules:-

(1) the notice must be given by or on behalf of the holder
or by or on an indorser who, at the time of giving
it, is himself liable on the bill;

(2) the notice may be given by an aagent, either in is own
name or in the name of any party entitled to give notice,
whether that party is his principal or not;

(3) where the notice is given by or on behalf of the holder,
it enurres fot the benefit of all subsequent holders and all
prior indorsers who have a right of recoruse against the
party to whom it is given;

























(4) where the notice is or given by or on behalf of all
indorser entitled to give notice as hereinbefore provided,
for the benefit of the holder and all indorsers,
subsequent to the party to whom notice is given;

(5) the notice may be given in writing or by personal
communication, and may be given in any terms which
sufficiently idenitify the bill, and intimate that the bill has
been dishonoured by non-acceptance or non-payment;

(6) the return of a dishonoured bill to the drawer or an
indorser is, in point of form, deemed a sufficient notice of
dishonour;

(7) a written notice need not be signed, and an insufficient
written notice may be supplemented and validated by verbal
communication. A migdescription of the bill shall not vitiate
the notice unless the party to whom the notice is given is in
fact misled thereby;

(8) where notice is required to be given to any person, it
may be given either to the party himself or to his agent in
that behalf;

(9) where the drawer or indorser is dead, and the party
giving-notice knows it, the notice must be given to a personal
representative, if such there be, and, with the exercise of
reasonable diligence, he can be found;

(10) where the drawer or indorser is bankrupt, the notice
may be given either to the party himself or to his trustee or
assignee;

(11) where there are two or more drawers or indorsers
who are not partners, the notice, must be given to each of
them, unless one of them has authority to receive such notice
for the others;

(12) the notice, may be given as soon as the bill is
dishonoured and must be given within a reasonable time.
thereafter. In the absence of special circumstances, notice is
not deemed to have been given within a reasonable time,
unless,-

(a) where the person giving and the person to receive
notice reside, in the same place, the notice is given or sent
off in time to reachthe latter on the day after the dishonour
of the bill;
















(b) where the person giving and the person to receive
notice reside in different places, the notice is sent off on the
day after the dishonour of the bill, if there is a post at a
conveient hour on that day, and, if there is no such post on
that day, then by the next post thereafter;

(13) where a bill when dishonoured is in the hands of an
agent, he may either himself give notice to the parties liable
on the bill or he may give notice to his principal. If lie
gives notice to his principal, he must do so within the same
time as if he were the holder, and the principal, upon receipt
of such notice, has himself the same time for giving notice
as if the agent had been an independent holder;

(14) where a party to a bill receives due notice, he has,
after the receipt of such notice, the same period of time for
giving notice to antecedent parties that the holder has after
the dishonour;

(15) where the notice is duly addressed and posted, the
sender is deemed to have given due notice of dishonour,
notwithstanding any miscarriage by the Post Office.

50.-(1) Delay in giving notice of dishonour is excused
where the delay is caused by circumstances beyond the control
of the party giving notice, and not imputable to his default,
misconduct, or negligence. When the cause of delay ceases
to operate, the notice must be given with reasonable diligence.

(2) Notice of dishonour is dispensed with-
(a) where after the exercise of reasonable diligence, notice,
as required by this Ordinance, cannot be given to or does
not reach the drawer or indorser sought to be charged;

(b) by waiver, express or implied. Notice of dishonour
may be waived before the time of giving notice has arrived
or after the omission to give due notice;

(c) as regards the drawer, in the following cases, namely,-

(i) where drawer and drawee are the same person;

(ii) where the drawee is a fictitious person or a person not
having capacity to contract;

(iii) where the drawer is the person to whom the bill is
presented for payment.

(iv) wher e the drawee or acceptor is, as between himself
and the draer, under no obligation to accept or pay the bill;

(v) where the drawer has countermanded payment;















(d) as regards the indorser, inl the following cases, namely,-

(i) where the drawee is a fictitious person or a person not
having capacity to contract, and the indorser was aware of
the fact at the time he indorsed the bill;

(ii) where the indorser is the person to whom the bill is
presented for payment;

(iii) where the bill was accpted or made his
accommodation.

51.-(1) Where an inland bill has been dishonoured, it
may, if the holder thinks fit, be noted for non-acceptance or
non-payment, as the case may be; but it shall not be necessary
to note or protest any such bill in order to preserve the
recourse aginst the drawer or indorser.

(2) Where a foreign bill, appearing on the face of it to be
such, has been dishonoured by non-acceptance, it must be
duly protested for non-acceptance, and where such a bill,
which has not been previously dishonoured by non-acceptance,
is dishonoured by non-payment, it must be duly protested
for non-payment. If it is not so protested, the drawer and
indorsers are discharged. Where a bill does not appear on
the face of it to be a foreign bill, protest thereof in case of
dishonour is unnecessary.

(3) A bill which has been protested for non-acceptance
may be subsequently protested for non-payment.

(4) Subject to the provisions of this Ordinance, and of the
Holidays Ordinance, 1912, when a bill is noted or protested,
it may be noted on the day of its dishonour aud must be
noted not later than the next succeeding business day. When
a bill has been duly, noted, the protest may be subsequently
extended as of the date of the noting.

(5) Where the acceptor of a bill becomes bankrupt or
insolvent or suspends payment before it matures, the holder
may cause the bill to be protested for bette security against
the drawer and indorsers.

(6) A bill must be protested at the place where it is
dishonoured: Provided that-

(a) when a bill is presented through the Post Office, and
returned by post dishonoured, it may be protested at the
place to which it is returned, and on the day of its return,

* As amended by No. 4 of 1918.

















received during business hours, and, if not received during
business hours then not later than the next business day;

a bill drawn payable at the place of business or
residence of some person other than the drawee has been
dishonoured by non-acceptance, it must be protested for non-
payment at the place where it is expressed to be payable,
and no further presentment for payment to, or demand on,
the drawee is necessary.

(7) A protest must contain a copy of the bill, and must be
signed by the notary making it, and lrlust specify-,

(a) the person at whose request the bill is protested;

(b) the place and date of protest, the cause or reason for
protesting the bill, the demand made, and the answer given,
if any, or the fact that the drawee or acceptor could not be
found.

(8) Where a bill is lost or destroyed or is wrongly
detained from the person entitled to hold it, protest may be
made on a copy or written particulars thereof.

(9) Protest is dispensed with by any circumstance which
would dispense with, notice of dishonour. Delay in noting
or protesting is excused when the delay is caused by
circumstances beyond the control of the holder, and not
imputable to his default; misconduct, or negligence. When
the cause of delay ceases to operate, the bill must be noted
or protested with reasonable diligence.

52.-(1) When a bill is accepted generally, presentment
for payment is not necessary in order to render the acceptor
liable.

(2) When by the terms of a qualified acceptance present-
meht for payment is required, the acceptor, in the absence
of an express stipulation to that effect, is not discharged by
the omission to present the bill for payment on the day that
it matures.

(3) In order to render the acceptor of a bill liable, it is
not necessary to protest it or that notice of dishonour should
be given to him.

(4) Where the holder of a bill presents it for payment, he
shall exhibit the bill to the person from whom he demands
payment and when a bill is aid the holder shall forthwith
deliver it up to the party paying it.


Liabilitie sof parties.

53. A ill, of itself, does not operate as an sssignment of
funds in the hands of the drawee available for the payment
thereof, and the drawee of a bill who does not accept, as
required by this Ordinance, is not laiable on the instrument.

54. The acceptor of a bill, by accepting it,-

(1) engages that he will pay it according to the tenor of
his acceptance;

(2) is precluded from denying to a holder in due course-

(a) the existence of the drawer, the genuineness of his
signature, and his capacity and authoruity to draw the bill;

(b) in the case of a bill payable to drawer's order, the then
capacity of the drawer to indorse, but not the genuineness
or validity of his indorsement;

(c) in the case of a bill payable to the order of a third
person, the existence of the payee snd his then capacity to
indorse, but not the genuineeness or validity of his indorsement.

55.-(1) The drawer of a bill,by drawing it,-

(a) engages that, on due presentment, it shall be accepted
and paid according to its tenor, and that if it is dishonoured
he will compensate the holder or any indorser who is
compelled to pay it, provided that the requistite proceedings
on dishonour are duly taken;

(b) is precluded from denying to a holder in due course
the existenceof the payee and his tehm capcity to indorse.

(2) the indorser of a bill, by indorsing it,-

(a) engages that, on due presentemnt, it shall be accepted
and paid according to its tenro, and that if it is dishonoured
he will compensate the holder or a subsequent indorser who
is compelled to pay it, provided that the requistite proceed-
ings on dishonour are duly taken;

(b) is precluded from denying to a holder in due course
the genuineness and regularity in all respects of the drawer's
signature and all previous indorsements;

(c) is precluded from denying to his immediate or a
subsequent indorse that the bill was, and that he had
then a good title thereto.









































56. Where a person signs a bill otherwise than as drawer
or acceptor, he thereby incurs the liabilities, of an indorser
to a holder in due course.

57. Where a bill is dishonoured, the measure of damages,
which shall be deemed to be liquidated damages, shall be
as follows:-

(1) the holder may recover from any party liable on the
bill, and the, drawer who has been compelled to pay the bill
may recover from the acceptor, and an indorser who has
been compelled to pay the bill may recover from the,
acceptor, or from the drawer ot from a prior indorser-

(a) the amount of the bill;

(b) interest thereon from the time of presentment for
payment, if the bill is payable on demand, and from the
maturity of the bill in any other case;

(c) the expenses of noting, or, when protest is necessary
and the protest has been extended, the expense of protest;

(2) in the case of a bill which has been dishonoured abroad,
in lieu of the above damages,. the holder may recover from
the drawer or an indorser, and the drawer or an indorser
who has been compelled to pay the bill may recover, from
any party liable to him, the amount of the re-exchange, with
interest thereon until the time of payment;

(3) where by this Ordinance interest may be recovered as
damages, such interest may, if justice requires it, be with-
held wholly or in part, and where a bill i's expressed to be.
payable with interest at a given rate, interest as damages
may or may not be given at the same rate as interest proper.

58.-(1) Where the holder of a bill payable to bearer
negotiates it, by delivery without indorsing it, he is called a
transferor by delivery.

(2) A transferor by delivery is not liable on the instrument.

(3) A transferor by delivery who negotiates a bill thereby
warrants to his immediate transferee, being a holder for value,
that the bills what it purports to be, that he has a right to
transferit, and that, at the time of transfer, he iS not aware
of any fact which renders it valueless.


Discharge of bill.

59.-(1) A bill is discharged by payment in due course
by or on behalf of the drawee or acceptor. Payment in due,
course means payment made at or after the maturity of the
bill to the holder thereof in good faith, and without notice
that hns title to the bill is defective.

(2) Subject to the provisions hereinafter contained, when
a bill is paid by the drawer or an indorser it is not dis-
charged; but-

(a) where a bill payable to, or to the order of, a third party
is paid by the drawer, the drawer may enforce payment
thereof against the acceptor, but may not re-issue the bill;

(b) where a bill is paid by an indorser, or where a bill
payable to drawer's order is paid by the drawer, the party
paying it is remitted to his former rights the
acceptor or antecedent parties, and he may, if he thinks fit,
strike out his own and subsequent indorsements, and again
negotiate the bill.

(3) Where an accommodation bill is paid in due course by
the party accommodated, the bill is discharged.

60. When a bill payable dorder on demand is drawn on
a banker, and the banker on whom it is drawn pays the bill
in good, faith and in the ordinary course of business, it is not
incumbent on the banker to show that the indorsement of
the payee or any, subsequent indorsement was made by or
under the authority of the person whose indorsement it
purports to be, and the banker is deemed to have paid the
bill in due course, although such indorsement has been
forged or made without authority.

61. When the acceptor of a bill is or becomes the holder
of it at or after its maturity, in his own right, the bill is dis-
charged.

62.-(1) When the holder of a bill at or after its maturity
absolutely and unconditionally renounces his rights against
the acceptor, the bill is discharged. The renunciation must
be in writing, unless the bill is delivered up to the acceptor.

(2) The liabilities of any party to a bill may in like manner
be renounced by the holder before, at, or after its maturity ;
but nothing in this section shall affect the rights of a holder
in due course without notice of the renunciation.


















63.-(1) Where a bill is intentionally cancelled by the
holder or his agent, and the cancellation is apparent thereon,
the bill is discharged.

(2) In like manner, any party liable on a bill may be dis-
charged by the intentional cancellation of his signature by
the holder or his agent. In such case, any indorser who
would have had a right of recourse against the party whose
signature is cancelled is also discharged.

(3) A cancellation made unintentionally, under a mis-
take, or without the authority of the holder is inoperative;
but where a bill or any signature thereon appears to have
been cancelled, the burden of proof lies on the party who
leges that the cancellation was made unintentionally, or
under it mistake, or without authority.

64.-(1) Where a bill or acceptance is materially altered
without the assent of all parties liable on the bill, the bill is
avoided except as against a party who has himiself made,
authorised, or assented to the alteration, and subsequent
indorsers: Provided thatwhere a bill has been materially
altered, but the alteration is not apparent, and the, bill is in
the hands of a holder in due course, such holder may avail
himself of the bill as if it had not, been altered, and may
enforce payment of it according to its original tenor,

(2) In particular, the following alterations are material,
namely, any alteration of the date, the sum payable, the time
of payment, the place of payment, and, where a bill has been
accepted generally, the addition of a place of payment with-
out the acceptor's assent.

Acceptance and payment for honour.

65.-(1) Where a bill has been protested for dishonour
by non- acceptance or protested for better security, and is not
overdue, any person, not being a party already liable thereon,
may, with the consent of the holder, intervene and accept
the bill supra protest, for the honour of any party liable thereon
or for the honour of the person for whose account the bill is
drawn.

(2) A bill may be accepted for honour for part only of the
sum for which it is drawn.

(3) an acceptance for honour supra protest in order to be
valid must-





















(a) be written on the bill, and indicate that it is an
acceptance for honour;

(b) be signed by the acceptor for honour.

(4) Where an acceptance for honour does not expressly
state for whose honour it is made, it is deemed to be an
acceptance for the honour of the drawer.

(5) Where a bill payable after sight is accepted for honour,
its maturity. is calculated from the date of the noting for
non-acceptance, and not from the date of the acceptance for
honour.

66.-(1) The acceptor for honour of a bill, hy accepting
it, engages that he will, on due presentment, pay the bill
according to the tenor of his acceptance, if it is not paid by
the drawee; provided it has been duly presented for payment
and protested for non-payment, and that he receives notice
of these facts.

(2) The acceptor for honour Is liable to the holder mid to
all parties, to the bill subseqnent to the party for whose
honour he has accepted.

67.-(1) Where a dishonoured bill has been accepted for
honour suprd protest or contains a referemce in case of
need, it must be protested for non-payment before it is
presented for payment to the acceptor for honour or referee
in case of need.

(2) Where the address of the acceptor for honour is in the
same place where the bill is protested for non-payinent, the
bill must be presented to him not later than the day follow-
ing its maturity ; and where the address of the acceptor for
honour is i some place other than the place where the bill
was protested for non-payment, the bill must be
not later than the day following its maturity for presentment
to him.

(3) Delay in presentment or non-presentation is excused
by any circumstance which would excuse delay in prsent-
ment for payment or non-presentment for payment.

(4) When a bill is dishonoured by the acceptor for honour,
it must be protested for non-payment by him.














68.-(1) Where a bill has been protested for non-payment,
any person may intervene and pay it supra protest, for the
honour of any party liable thereon or for the honour of the
person for whose account the bill is drawn.

(2) Where two or more persons offer to pay a bill for the
of different parties, the person whose payment will
discharge most parties to the bill shall have the preference.

(3) Payment for honour supra protest, in order, to operate
as such and not as a mere voluntary payment, must be attested
by d notarial act of honour which may be appended to the
Protest or form an extension of it.

(4) The notarial act of honour inust be founded on a
declaration, made by the payer for honour, or his agent
that behalf, declaring his intention to pay the bill for honour
whose honour he pays.

(5) Where a bill has been paid for honour, all parties
subsequent to the party for whose honour it is paid are dis-
charged but the payer for honour is subrogated for, and
succeeds to both the rights and duties of, the holder as
regards the party for whose honour he pays and all parties
liabie to that party.

(6) The payer for honour on paying to the holder the
amount of the bill and the notarial expenses incidental to its
dishonour, is entitled to receive both the bill itself and the
protest. If the holder does not on demand deliver them up,
he shall be liable to the payer for honour in damages.

(7) Where the holder of a bill refuses to receive payment
supra protest, he shall lose his right of recourse against any
party who would have been discharged by such payment.

Lost instrument.

69.-(1) Where a bill has been lost before it is overdue,
the person who was the holder of it may apply to the drawer
to give him another bill of the same tenor, giving secuirty
to the drawer, of required, to indemnify him against all
persons whosover in case the bill alleged to have been lost
shall be found again.

(2) If the drawer, on request as aforesaid, refuses to give
such duplicate bill, he may be compelled to do so.

70. Im any action or proceeding upon a bill, the cout or
a judge may order that the loss of the instrument shall not



















be set up, provided all indemnity be given, to the satisfaction
of the court or judge, against the claims of aily other person
upon the instrument in question.

Bill in a set.

71.-(1) Where a bill is drawn in a set, each part of the
set being numbered and containing a reference, to the other
parts, the whole of the parts constitute one bill.

(2) Where the holder of a set indorses two or more parts
to different, persons, he is liable on every, such part, and
every indorser subsequent to him is liable on the part he has
himself indorsed as if the said parts were separate bills.

(3) Where two or more parts of a set are negotiated to
different holders in due course, the holder whose title, first
accrues, is, as between such holders, deemed the true owner
of the bill; but nothing in this sub-section shall affeet the
rights of a person who in due course accepes or pays the
part first, present to him.

(4) The acceptance may be written on any part, and it,
must be written on one part only. If the drawee accepts
more than one part and such accepted parts get into the
hands of difierent holders in due course, he is liable on
every such part as if it were a separate bill.

(5) When the acceptor of a bill drawn in a set pays it
without reqiilriiig the part bearilig his acceptance to be
delivered up to him, and that part at maturity is outstanding
in the hands of a holder in due course, he is liable to the
holder thereof.

(6) Subject to the preceding rules, where any one part
of a bill drawn in a set is discharged by payment or other-
wise, the whole bill is discharged.

Conflict of laws.

72. Where a bill drawn in one country is negotiated,
accepted, or payable in another, the rights, duties, and
liablilities of the parties thereto are determined as follows:-

(1) the validity of a bill, as regards requisites in from,
is determined by the law of the place of issue, and the
validity, as regards requisites in form, of the supervening
contracts, such as acceptance or indorsement or acceptance

* As amended by No. 18 of 1921.

























supra protest, is determined by the law of the place where
such contract was made: Provided that-

(a) where a bill is issued out of this Colony, it is not
invalid by reason only that is not stamped in accordance
with the law of the place of issue;

(b) where a bill issued out of this Colony conforms, as
regards requistites in form, to the law of this Colony, it may,
for the purpose of enforcing payment thereof, be treated as
valid as between all persons who negotiate, hold, or become
parties to it in this Colony;

(2) subject to the provisions of this Ordinance, the
interpretation of the drawing, indorsement, acceptance, or
acceptance supra protest of a bill is detemined by the law
of the place where such contract is made: Provided that
where an inland bill is indorsed in a foreign country, the
indorsement shall, as regards the payer, be interpreted
according to the law of this Colony;

(3) the duties of the holder with rrespect to presentment
for the acceptance or payment and the necessity for or
sufficiency of a protest or notice of dishonour, or otherwise,
are determined by the law of the place where the act is done
or the bill is dishonoured;

(4) where a bill is srawn nout of but pauable in this
Colony and the sum payable is not expressed in the currency
of this Colony, the amount, if the bill is paid in this Colony
and in the currency of this Colony, shall, in the absence of
any express stipulation, be calculated according to the reate
of exchange for sight drafts in this Colony, shall, in the absence of
any express stipulation, be calculated according to the rate
of exchange for sight drafts in this Colony on the day on
which the bill is actually paid; and

(5) where a bill is drawn in one country and is payable in
another, the due date therof is determined according to the
law of the place where it is payable.

PART III.

CHEQUES ON A BANKER.

73.-(1) A cheque is a bill of exchange drawn on a banker
payable on demand.

(2) Except as otherwise provided in this Prat, the provi-
sions of this Ordinance applicable to a bill of exchange pay-
able on demand apply to a cheque.































74. Subject to the provisions of this Ordinance,-

(1) where a cheque is not presented for payment withn a
reasonable time of its issu,e and the drawer or the person on
whose account it is drawn had the right, at the time of such
presentment, as between him and the anker, to have the
cheque paid and suffers actual damage through the delay, he
is discharged to the extent of such damage, that is to say, to
the extent to which such drawer or person is a creditor of
such banker to a larger amount than he would have been had
such cheque been paid;

(2) in determining what is a reasonable time, regard shall
be had to the nature of the instrument, the usage of trade
and of bankers, and the facts of the particular case;

(3) the holde of such cheque as to which such drawer or
person is discharged shall be a creditor, in lieu of such
drawer or person, of sch banker to the extent of such dis-
charge and entitled to recover the amount from him.

75. the duty and authority of a banker to pay a cheque
drawn on him by his customer are determined by-

(1) countermand of payment;

(2) notice of the customer's death.

Crossed cheques.

76.-(1) Where a cheque bears across its face an ad-
dition of-

(a) the words and company, or any abbreviation there-
of, between two parallel transverse lines, either with or
without the words not negotiable: or

(b) two paralledl transverse lines simply, either with or
without the words not negotiable,

that addition constitutes a crossing, and the cheque is crossed
generally.

(2) Where a cheque bears across its face an addition of
the name of a banker, either with or without the words not
negotiable, that addition constitutes a crossing, and the
cheque is crossed specially and to that banker.

77.-(1) A cheque may be crossed generally or specially
by the drawer.


































(2) Where a cheque is uncrossed, the holder may cross it
generally or specially.

(3) Where a cheque is crossed generally, the holder may
cross it specially.

(4) Where a cheque is crossed generally or specially, the
holder may add the words not negotiable.

(5) Where a cheque is crossed specially, the banker to
whom it is crossed may again cross it specially to another
banker for collection.

(6) Where an uncrossed cheque, or a cheque crossed
generally, is sent to a banker for collection, he inay cross it
specially to himself.

78. A crossing authorised by this Ordinance is a material
part of the cheque; it shall not bb, lawful for any person to
obliterate or, except as authorised by, this Ordinance, to add
to or alter the crossing.

79. (1) Where a cheque is crossed specially to niore than
one banker, except when crossed to an agent for collection
beilig a banker, the banker on whom it is drawn shall refuse
payment thereof.

(2) Where the banker on whom a cheque is drawn which
is so crossed nevertheless pays the same, or pays a cheque
crossed generally otherwise than to a banker, or, if crossed
specially, otherwise than to the banker to whom it is crossed
or his agent for collection being a banker, he is liable to the
true owner of the cheque for any loss he may sustain owing
to the cheque having been so paid:

Provided that where a cheque is presented for payment,
Which does not, at the time of presentment, appear to be
crossed, or to have hael a crossing which has been obliterated,
or to have been added to or altered otherwise than as
authorised by this Ordinance, the banker paying the cheque,
in good faith and without negligence, shall not be responsible.
orincur any liability, nor shall the payment be questioned
by reason of the cheque having been crossed, or: of the cross-
ing having been obliterated or having been added to or
altered otherwise than as authorised by this Ordinance, and
of payment having been made otherwise than to a banker, or
to the banker to whom the cheque is or was crossed, or to his
agent for collection being a banke, as the case may be.




























80. Where the banker on whom a crossed cheque is
drawn, in good faith and without negligence, pays it, if
crossed generally, to a banker, and, if crossed specially, to
the banker to whom it is crossed or his agent for collection
being a hanker, the banker paying the cheque, and, if the
cheque has come into the hands of the payee, the drawer,
shall respectively be entitled to the same rights and be
placed in the same position as if payment, of the cheque had
been made to the true owner thereof.

81. Where a person takes a crossed cheque which bears
on it the words not negotiable:, he shall not have, and
shall not be capable of giving, a better title to the
than that which the person from whom he took it had.

82.-(1) Where a banker, in good faith and without
negligence, receives payment for a customer of a cheque
crossed generally or specially to himself, and the customer
has no title or a defective title thereto, the banker shall not
incur any liability to the true owner of the cheque by reason
only of havilig received such payment.

(2) A banker receives payment of a crossed cheque for a
customer within the meaning of this sectiort notwithstanding
that he credits his customer's account with the amount of
the chequie before receiving payment.

82A. Any draft or order drawn upon a banker for a sum
of money payable to order on demand which shall, when
presented for payment, purport to be indorsed by the person
to whom the same shall be drawn payable, shall be a sufficient
authority to such banke to pay the amount of such draft or
order to the bearer thereof: and it shall not be incumbent
on such banker to prove that such indorsement or any
subsequent indorsement was made by or under the direction
or authority of the person to whom the said draft or order
was or is made pauable either by the drawer or any indorser
thereof.

PART IV.

PROMISSORY NOTES.

83.-(1) A promissory note is an unconditional promise
in writing made by one person to another signed by the
maker, engaging to pay, on demand or at a fixed or
determinable future time, a sum certain in money to, or to
the order of, a specified person or to bearer.































(2) An instrument in the form of a note payable to maker's
order is not a note within the meaning of this section, unless,
and, until it is indorsed by the maker.

(3) A note is not invalid by reason only that it contains
also a pledge of collateral security, with authority to sell or
dispose thereof.

(4) A note which is, or on the face of it purports to be,
both made and payable within this Colony is in inland note,
Any other note is a foreign note.

84. A promissory note and inchoate and incomplete until
delivery thereof to the payee or bearer.

85. 4 promissory note may be made by two or more
makers, and they may be liable thereon jointly, or jointly
and severally, according to its tenor.

(2) Where a note runs proinise to pay and is signed
by two or more persons, it is deemed to be their joint and
several note.

86.-(1) Where a note payable on demand has been
indorsed, it must be presented for payment within a
reasonable time of the indorsement. If it is not so presented,
the indorser is'discharged.

(2) In determining what is a reasonable time, regard shall
be had to the nature of the instrument, the usage of trade,
and the facts of the particular base.

(3) Where a note payable on demand is negotiated, it is
not deemed to be overdue, for the purpose of affecting the
holder with defects of title of which he had no notice, by
reason that it appears that a reasonable time for presenting
it for payment has elapsed since its issue.

87.-(1) Where a promissory note is in the body of it
made payable at a particular place, it must be presented f
payment at that place in order to render the maker liable.
In any other case, presentment for payment is not necessary
in order to render the maker liable.

(2).Presentment for payment is necessary in order to
render the indorser of a note liable.





(3) Where a note is in the body of It made payable at a
particular place, presentment at that place is necessary in
order to render all indorser liable; but when a place of pay-
ment is indicated by way of memorandum only, presentment
at that place is sufficient to render the indorser liable, but a
presentment to the maker, elsewhere, if sufficient in other
respects, shall also suffice.

88. The maker of a promissory note, by making it,-
(1) engages that he will pay it according to its tenor;
(2) is precluded from denying to a holder in due course
the existence of the payee and his then capacity to indorse.

89.-(1) Subject to tbe provisions in this Part and except
as by this section Provided, the provisions of this Ordinance
relating to bills of exchange apply, with the necessary
modifications, to promissory notes.

(2) In applying those provisions, the maker of a note shall
hd deemed to correspond with the acceptor of a bill, and the
first indorser of a note shall be deemed to correspond with
the drawer of an accepted bill payable to drawer's order.

(3) The following provisions as to bills do not apply to
notes, namely, provisions relatillg to-

(a) presentment for acceptance;
(b) acceptance;
(c) acceptance supra protest;
(d) bills in a set.
(4) Where a foreign note is dishonoured, protest thereof is
unecessary.

PART V.

SUPPLEMENTARY.

90. A thing is deemed to be done in good faith, within
the meaning of this Ordinance, where it is in fact, done
honestly, whether it is done negligently or not.

91.-(1) Where by this Ordinance any instrument or
writing is required to be signed by any person, it is not
necessary that lie should sign it with his own hand, but it is
sufficient if his signature is written thereon by some other
person by or under his, authority.



(2) In the case of a corporation, where by thos Ordinance
any instrument or writing is required to be signed, it is
sufficient if the instrument or writing is sealed with the,
corporate seal.

(3) But nothing in this section shall be construed as
requiring the bill or note of a corporation to be under seal.

92.-(1) Where by this Ordinance the time limited for
doing any act or thing is less than three days, in reckoning
time, non-business days are excluided.

(2) Non-business days, for the purpose of this Ordi-
nance, mean general holidays.

93. For the purposes of this Ordinance, where a bill or
note is required to be protested within a specified time or
before some further proceeding is taken, it is sufficient, that
the bill has been noted for protest before the expiration of
the specified time or the taking of the proceeding; and the
formal protest may be extended at any time thereafter as of the
date of the noting.

94. (1) Where a dishonoured bill or note is authorised
or reqired to be protested, and the services of a notary
be obtained at the place where the bill is dishonoured,
cannot be otained at the place where the bill is dishonoured,
any householder or substantial resident of the place may, in
the presence of two witnesses, give a certificate, signed by
them, attesting the dishonour of the bill, and the certificate
shall in all, respects operate as if it were a formal protest of
the bill.

(2) The form in the Schedule may used, with necessary
modifications, and, if used, shall be sufficient.

95. The provisions of this Ordinance relating to crossed
cheques shall apply to a warrant for payment of dividend.

96.-(1) The rules in bankruptcy relating to bills of
exchange, promissory notes, and cheques shall continue to
apply thereto, notwithstanding anything in this Ordinance.

(2) The rules of common law, including the law merchant,
save in so far as they are inconsistent with the express
provisions of this Ordinance, shall continue to apply to bills
of exchange, promissory notes, and cheques.


(3) Nothing in this Ordinance shall affect-
(a) the provisions of any Stamp Ordinance or any law or
enactment relating the revenue; or


(b) the provisions of any Ordinance relating to
banks or companies; or

(c) the validity of any usage relating to dividend warrants
or the indorsements thereof.

SCHEDULE. [s.94.]

FORM OF PROTEST WHICH MAY BE USED WHEN THE SERVICE THE SERVICES OF A
NOTARY CANNOT BE OBTAINED.

Know all men that I, A.B., of. at the request of C.D., there
being no notary public available, did on the day of
19 , at demand payment [or acceptance] of the bill of
exchange hereunder written from E.F., to which demand hee made
answer [state answer, if any]; wherefore I now, in the presence of G.H.
and J.K., do protest the said bill of exchange.
Dated the day of 19

(Signed.) A.B.

G.H.
J.K. Witneses.

N.B.-The bill itself should be annexed, or a copy of the bill and all
that is written thereon should be underwritten.
[Originally No. 9 of 1885. No. 4 of 1918. No. 18 of 1921. Law Rev. Ord., 1924.] 45 & 46 Vict.c. 61. Short title. Interpretation. [cf. No. 7 of 1891.] Ordinance No. 5 of 1912. Definition of bill of exchange. Inland and foreign bills. Effect where different parties to bill are the same person. Address to drawee. Certainty require as to payee. What bills are negotiable. Sum payable. Bill payable on demand. Bill payable at future time. Omission of date in bill payable after date. Ante-dating and post-dating. Computation of time of payment. Referee in case of need. Optional stipulations by drawer or indorser. Definition and requisites of acceptance. Time for acceptance. General and qualified acceptances. Inchoate instruments. Delivery. Capacity of parties. Signature essential to liability. Forged or unauthorised signature. Procuration signature. Person signing as agent or in representative capacity. Value and holder for value. Accommodation party. Holder in due course. Presumption of value and good faith. Negotiation of bill. Requisities of valid indorsement. Conditional indorsement. Indorsement in blank and special indorsement. Restrictive indorsement. Negotiation of overdue or dishonoured bill. Negotiation of bill to party already liable thereon. Rights and powers of holder. When presentment for acceptance is necessary. Time for presenting bill payable after sight. Rules as to presentment for acceptance, and execues for non-presentment. Non-acceptance. Dishonour by non-acceptance and its consequences. Duties as to qualified acceptances. Rules as to presentment for payment. Execuses for delay or non-presentment for payment. Dishonour by non-payment. Notice of dishonour and effect of non-notice. Rules as to notice of dishonour. [s. 49 contd.] Excuses for non-notice and delay. Noting or protest of bill. Ordinance No. 5 of 1912. Duties of holder as regards drawee or acceptor. Fund in hands of drawee. Liability of acceptor. Liability of drawer of indorser. Stranger signing bill liable as indorser. Measure of damages against parties to dishonoured bill. Transfer by delivery and transferee. Payment in due course. Banker paying demand draft whereon indorsement is forged. Acceptor the holder at maturity. Express waiver. Cancellation. Alteration of bill. Acceptance for honour supra protest. Liability of acceptor for honour. Presentment to acceptor for honour. Payment for honour supra protest. Holder's right to duplicate of lost bill. Action on lost bill. Rules as to bill in set. Rules where laws conflict. Definition of cheque. Presentment of cheque for payment. Revocation of banker's authority. Definition of general and special crossings. Crossing by drawer or after issue. Crossing a material part of cheque. Duties of banker as to crossed cheque. Protection to banker and drawer where cheque is crossed. Effect of crossing on holder. Protection to collecting banker. Account may be credited, before payment of cheque. Drafts on bankers payable to order on demand sufficient authority for payment without proof of indorsement. Definition of promissory note. Delivery necessary. Joint and several notes. Note payable on demand. Presentment for payment. Liability of maker. Application of Part II to notes. Good faith. Signature. Computation of time. When noting equivalent to protest. Protest when notary not accessible. Schedule. Crossing of dividend warrant. Savings. [cf. No. 8 of 1921.] [cf. No. 58 of 1911.]

[Originally No. 9 of 1885. No. 4 of 1918. No. 18 of 1921. Law Rev. Ord., 1924.] 45 & 46 Vict.c. 61. Short title. Interpretation. [cf. No. 7 of 1891.] Ordinance No. 5 of 1912. Definition of bill of exchange. Inland and foreign bills. Effect where different parties to bill are the same person. Address to drawee. Certainty require as to payee. What bills are negotiable. Sum payable. Bill payable on demand. Bill payable at future time. Omission of date in bill payable after date. Ante-dating and post-dating. Computation of time of payment. Referee in case of need. Optional stipulations by drawer or indorser. Definition and requisites of acceptance. Time for acceptance. General and qualified acceptances. Inchoate instruments. Delivery. Capacity of parties. Signature essential to liability. Forged or unauthorised signature. Procuration signature. Person signing as agent or in representative capacity. Value and holder for value. Accommodation party. Holder in due course. Presumption of value and good faith. Negotiation of bill. Requisities of valid indorsement. Conditional indorsement. Indorsement in blank and special indorsement. Restrictive indorsement. Negotiation of overdue or dishonoured bill. Negotiation of bill to party already liable thereon. Rights and powers of holder. When presentment for acceptance is necessary. Time for presenting bill payable after sight. Rules as to presentment for acceptance, and execues for non-presentment. Non-acceptance. Dishonour by non-acceptance and its consequences. Duties as to qualified acceptances. Rules as to presentment for payment. Execuses for delay or non-presentment for payment. Dishonour by non-payment. Notice of dishonour and effect of non-notice. Rules as to notice of dishonour. [s. 49 contd.] Excuses for non-notice and delay. Noting or protest of bill. Ordinance No. 5 of 1912. Duties of holder as regards drawee or acceptor. Fund in hands of drawee. Liability of acceptor. Liability of drawer of indorser. Stranger signing bill liable as indorser. Measure of damages against parties to dishonoured bill. Transfer by delivery and transferee. Payment in due course. Banker paying demand draft whereon indorsement is forged. Acceptor the holder at maturity. Express waiver. Cancellation. Alteration of bill. Acceptance for honour supra protest. Liability of acceptor for honour. Presentment to acceptor for honour. Payment for honour supra protest. Holder's right to duplicate of lost bill. Action on lost bill. Rules as to bill in set. Rules where laws conflict. Definition of cheque. Presentment of cheque for payment. Revocation of banker's authority. Definition of general and special crossings. Crossing by drawer or after issue. Crossing a material part of cheque. Duties of banker as to crossed cheque. Protection to banker and drawer where cheque is crossed. Effect of crossing on holder. Protection to collecting banker. Account may be credited, before payment of cheque. Drafts on bankers payable to order on demand sufficient authority for payment without proof of indorsement. Definition of promissory note. Delivery necessary. Joint and several notes. Note payable on demand. Presentment for payment. Liability of maker. Application of Part II to notes. Good faith. Signature. Computation of time. When noting equivalent to protest. Protest when notary not accessible. Schedule. Crossing of dividend warrant. Savings. [cf. No. 8 of 1921.] [cf. No. 58 of 1911.]

https://oelawhk.lib.hku.hk/items/show/1107

WEIGHTS AND MEASURES ORDINANCE, 1885

No. 2 of 1885.

An Ordinance to make provision with respect to weights
and measures.
[1st April, 1885.]

1. This Ordinance may be cited as the Weights and
Measures Ordinance, 1885.

2.-(1) The Governor shall cause to be deposited and
safely kept in the Treasury such weights and measures of
the standards in use in the United Kingdom, and of such
Chinese weights and measures, as are specified in the
Schedule, and the weights and measures so deposited shall
be the standard weights and measures of this Colony.

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


(2) The governor shall cause to be made copies and
moddels of the several weights and measures so deposited,
and such copies and models shall be submitted to the
Treasurer, who shall cause the same to be verified, and,
if approved, stamped or marked in such manner as the
Treasurer may determine to show that the same have been
vefified and approved.

(3) Copies and models, after being so verified and ap-
proved, shall be deposited with the Capitan Superintendent
of Police, who shall keep the same for the purpose of
reference as hereinafter directed.

(4) If any copies or models so deposited are lost, destroyed,
defaced, or injured, they shall be replaced by others of the
same weight or measure duly verifeied and approved.

3.-(1) Any person wishing to compare any weight or
measure with the copy or model deposited with the Captain
Superintendent of Police shall be allowed access thereto at
reasonable times to the appointed by the Captain Super-
intendent of Police.

(2) The comparison shall be made in the presence of
the Captain Superintendent of Police or a Deputy Superin-
tendent, who, on being satisfied that the weight or measure
broughtfor comparison corresponds truly with the copy or
model, shall stamp or mark the same in such manner as the
Treasurer may determine to show that the same has been
compared and approved.

(3) Such peson shall defray all expenses of conveying his
weight or measure to or from the Central Police Station,
or shall deposti with the examiner of weights and measures
one dollar if such weight or measure is on shore, or two
dollars if it is on board a ship in the harbour, to defray such
expenses.

4. The Governor shall appoint propert persons to be
examiners of weights and measures, and may at pleasure
remove any person so appointed.

5. It shall be the duty of an examiner of weights and
measures to enter the business premsies of any person who
sells goods by weight or measure, and to examine any

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





































weight, measure, scale, balance, steelyard, weighing-yard, or
weighing-machine, found on such premises, and to seize any
weight, measure, scale, balance, steelyard, weighing-yard, or
weighing-machne which appears to him to be false or
unjust.

6. Every person who-

(1) falsifies or wilfully injures any copy or model of a
standard weight or measure deposited with the Captain
Superintendent of Police; or

(2) uses, or has in his possession for use, any weight,
measure, scale, balance, steelyard, weighing-yard, or weighing-
machine which is false or unjust,

shall upon summary conviction be liable to a fine not exceeding
two hundred dollars in addition to any other penalty or
liability to which such person may be subject in respect of
such offence.

7. Where any fraud is wilfully committed in using any
weight, measure, scale, balance, steelyard, weighing-yar, or
weighing-machine, the person committing such fraud, and
every peson party to the fraud, shall upon summary convic-
tion be liable to a fine not exceeding two hundred dolars,
and further, the weight, measure, scal,e balance, steelyard,
weighing-yaed, or weighing-machine shall be liable to be
forfeited.

8. Every erson who wilfully or knowingly makes or sells,
or causes to be made or sold, any false or unjust weight,
measure, scale, balance, steelyard, weighing-yard, or weighing-
mahcine, shall upon summary conviction be liabel to a
fine not exceeding two hundred dolars, or, in the case of a
second or any subsequent offence, to sa fine not exceeding five
hundred dollars.

9. All weights and measures duly seized by an examiner
of weights and measures shall be forfeited to the Crown.

10. Nothing in this Ordinance shall apply to the buying
or selling or dealing in medicines, or precious metals, or
precious stones, or to weights or measures employed in
relation thereto.

* As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
+ As amended by Law Rev. Ord., 1923.
+ As amended by Law Am. Ord., 1923.















































11. Measures of length, if made of wood or bamboo, shall
(except yaerd measures imported from the United Kingdom)
be tipped at the ends with metal to the satisfaction of the
examiner of weights and measures, or, in case of doubt, of a
magistrate, whose decision shall be final.

SCHEDULE. [s. 2.]

TABLE OF ENGLISH WEIGHTS AND MEASURES.
Weights. Measures of length.
Avoirupois. Troy. 1 yard, divided into feet and inches.
4 Ounces. 1/10 Ounce.
8 do. 2/10 do. Measures of capacity.
1 Pound. 3/10 do. 1 Half Gill. 1 Half Gallon.
2 Pounds. 5/10 do. 1 Gill. 1 Gallon.
4 do. 1 do. 1 Half Pint. 1 Peck.
7 do. 2 Ounces. 1 Pint. 1 Half Bushel.
14 do. 1 Quart. 1 Bushel.
28 do. The contents of each measure to be
56 do. not heaped, but falt and level with
the rim of the vesel.

TABLE OF CHINESE WEIGHTS AND MEASURES.

Weights.
1 Fan (candareen)=0.0133 ounce avoirdupois.
1 Tsin (mace) =0.133 do. do.
1 Leung (tael) =1 1/3 do. do.
1 Kan (catty) =1 1/3 do. do.
1 Tam (picul) =133 1/3 do. do.

and the following: 2, 3, 4, 5, tales; 10, 17, 20, 30, 40, 50,
taels; 100, 200, 300, 400, 500, 700, taels


Measures of length.
1 Clek(foot) equa to 14 5/8 English inches, divided into 10
tsum or inches, and each inch into 10 fan or tenths.

[Originally No. 8 of 1885. Law Rev. Ord., 1924.] Short title. Deposit of standard weights and measures in Treasury, and of copies and models with Captain Superintendent of Police. Schedule. Verification of weight or measure with copy or model. Examiners of weights and measures. Duty and powers of examiner. Flasifying weight, measure, etc. Penalty for fraud in use of weight, measure, etc. Penalty on sale of false weight, measure, etc. Forfeiture of weights and measures. Saving as to weights or measures for dealing in medicines, etc. Wooden measures of length to be tipped with metal.

[Originally No. 8 of 1885. Law Rev. Ord., 1924.] Short title. Deposit of standard weights and measures in Treasury, and of copies and models with Captain Superintendent of Police. Schedule. Verification of weight or measure with copy or model. Examiners of weights and measures. Duty and powers of examiner. Flasifying weight, measure, etc. Penalty for fraud in use of weight, measure, etc. Penalty on sale of false weight, measure, etc. Forfeiture of weights and measures. Saving as to weights or measures for dealing in medicines, etc. Wooden measures of length to be tipped with metal.

https://oelawhk.lib.hku.hk/items/show/1106

UNCLAIMED BALANCES ORDINANCE, 1885

No. 1 of 1885.

An Ordinance to make provision with respect to unclaimed
balances.
[2nd March, 1885.]

1. This Ordinance may be cited as the Unclaimed Balances
Ordinace, 1885.

2. All sums of money which, at the commencement of this
Ordinance, have remained unclaimed in the Treasury for a
period of fie years or longe shall be transferred to the
general revenue, subject to the provisions of this Ordinance
for their refund if claimed after such transfer.

3.-(1) any sum of money, other than the balance of an
intestate estate, which, after the commencement of this
Ordinance, may from any cause be unclaimed in the Treasury
may, on the expiration of five years form the date of payment
of such sum into the Treasury, be transferred to the general
revenue subject to the provisions of this Ordinance as to
refund if claimed after such transfer.

(2) A transfer shall be made by an order under the hand
of the Governnor, which order, with the particualrs of the
sum so transferred, shall be published the Gaxette, and
shall state the conditions on which a refund of such sum
may be obtained.

4. On the expiration of one year from the date of the
decease of any peson dying intertate, where administration
has been granted to the Official Administrator and the next

* As amended by Law Rev. Ord., 1923. See also No. 2 of 1897, s. 25.
+ As amended by Law Rev. Ord., 1923.


of kin of the deceased are not known to him, he shall cause
advertisements to be published in this Colony and also, where
in his opinion it is possible, int the mother country of the
deceased, to the effect that if no claim is made within hfive
years, form the date of the decease of the interestate, the funds
remaining from the estate of such person, will be transferred
to the revenue of this Colony subject to the provisions of this
Ordinance: Provided that such advertisemnent sshall not be
necessary where the funds of the estate are less thatn twenty
dolars in value.

5. After five years from the date of the decease of any
such person dying intestate, the Official Administrator shall
pay the unclaimed balance of such person's estate into the
Treasury, and the Governor may direct that it be transferred
to the general revenue subject to the provisions of this
Ordinance as to refund if claimed after such transfer:
Provided that, before such direction is given, a cwertificate
shall be furnished to the Governor by the Official Ad-
ministrator showing that due advertisement has been made
as required by section 4, and that, so far as is known to
him, no further claim can reasonably be expected against
the estate.

6. Any unclaimed balance paid into the Treasury under
the provisions of this Ordinance previous to the expiration
of five years as aforesaid shall be lodged in a chartered or
incorporated bank in the Colony, at such rate of interest as
may be procurable, and the amount of such interest shall be
added to and considered portion of such unclaimed balance.

7.-(1) When any sum of money, other than the balance
of an intestate estate, remains for five years unclaimed in
the supreme Court, it shall be lawful for the court, on the
application of the Registry, to order that such sum be paid
over to the Treasurer for transfer to the general revenue,
subject to the provisions of this Ordinance as to refund if
claimed after such transfer.

(2) Before making any such order the court may order
such notice to be given and to such parties as it may thing
fit.

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



































8. It shall be lawful for any claimant to any money trans-
ferred to the general, revenue under this Ordinance to
present a petition in that behalf to the Supreme Court
against the Attorney General as respondent thereto; and if
the claimant proves his claim to the satisfaction of the court,
it shall make an order, declaring entitled thereto, which
shall be served on the Treasurer, who shall comply there-
with.

9. The Governor in Council, may entertain any moral
claim (as distinguished from any legal or equitable claim)
which may be submitted to him by petition in writing by
any peson, praying for payment of any sum of money which
may have been transferred to the gernerl revenue, and upon
such petition it shall be lawful for the governor in Council
to order that such sum or any portion thereof be paid by the
Treasurer to such person ass isss mentioned in the order.

10. any order made under section 9 shall be a bar to the
extent of any payment made under such orde to any
subsequent claim against the Crown to the same sum.

Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than inteste estates. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to the Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Moral claims. Effect of refund on moral claims. Charging of general revenue.

Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than inteste estates. Advertisement as to intestate estate. Transfer of unclaimed intestate estate to the Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Moral claims. Effect of refund on moral claims. Charging of general revenue.

https://oelawhk.lib.hku.hk/items/show/1105

SHERIFF'S DUTIES ORDINANCE, 1884

No. 2 of 1884.
An Ordinance to make provision for the performance of
certain duties formerly attaching to the office of Sheriff.
[10th June, 1884.]

WHEREAS, on account of the abolition of the office of Sheriff, it is
necessary to make provision for the performance of certain duties
in connexion with the execution of criminal sentences formerly
attaching to the said office:-

1. This Ordinance may be cited as the Sheriff's Duties
Ordinance, 1884.

2. All such duties in relation to the execution of any
sentence or judgment imposed or awarded by any court or
judge exeeercising criminal jurisdiction as attached to the
office of Sheriff at the time of the passing of Ordinance No.


* As amended by No. 31 of 1914 and Law Am. Ord., 1923.
+ As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923. N.B. No. 22 of 1882 (old numbering) has
been incorporated in No. 3 of 1873.


22 of 1882, namely the 19th day of December, 1882, and in
respect of which no other provision has been made at the
commencement of this Ordinance, shall be attached to the
office of Superintendent of Prisons, and shall be discharged
by the person acting in that office or his lawful deputy.

No. 3 of 1884 and No. 4 of 1884, repealed by
No. 8 of 1912.
[Originally No. 17 of 1884. Law Rev. Ord., 1924.] Short title. Superintendent of Prisons entrusted with duties of Sheriff. [Originally No. 7 of 1885. Law Rev. Ord., 1924.]

[Originally No. 17 of 1884. Law Rev. Ord., 1924.] Short title. Superintendent of Prisons entrusted with duties of Sheriff. [Originally No. 7 of 1885. Law Rev. Ord., 1924.]

https://oelawhk.lib.hku.hk/items/show/1104

MEDICAL REGISTRATION ORDINANCE, 1884

No. 1 of 1884.

An Ordinance to regulate the qualifications and to provide
for registration of practitioners in medicine and
surgery.
[5th April, 1884.]

1. This Ordinance may be cited as the Medical Registra-
tion Ordinance, 1884.

2. In this Ordinance,

* As amended by Law Rev. Ord., 1923.
+ As amended by No. 31 of 1914, Law Rev. Ord., 1923, and Law Am. Ord., 1923.


(a) Person registered or words to the like effect, shall
be deemed to refer to aperson registered under this Ordi-
nance.

(b) Practise includes the diagnosis of any form or forms
of disease whether the cases diagnosed be treated medically
or surgically or not, provided that laboratory assistants who
work for or under a registered pracititioner shall not by
reason only of such laboratory work be deemed to practise
medicine or surgery.

3.-(1) Nothing in this Ordinance shall be deemed to
affect the reight of any Chinese person to practise medicine
or surgery according to purely Chinese methods and to
demand and recover reasonable charges in respect of such
practice: Provided that such person does not take or use
any name, title or addition calculated to induce any one to
believe that he is qualified to paractise medicine or surgery
according to modern scientific methods.

(2) Notwithstanding anything in this Ordinance contained
every present and every future licentiate of the Hongkong
College of Medicine shall be entitled to practise medicine
and surgery and to demand and recover reasonable charges
in respect of such practice: Provided that nos such licentiate
shall be entitled to sign any certificate required for the
purposes of the Births and Deaths Registration Ordinance,
1896, unless he has been authorised thereto by the Governor.

[(3), rep. No. 2 of 1923.]

3.-(1) Nothing in this Ordinance shall be deemed to
affect the right of any Chinese person to practise medicine
or surgery according to purely Chinese methods and to
demand and recovwer reasonable charges in respect of such
practice: Provided that such person does not take or use
any name, title or addition calculated to induce any one to
believe that he is qualified to practise medicine or surgery
according to modern scientific methods.

(2) Notwithstanding anything in this Ordinance contained
every present and every future licentiate of the Hongkong
College of Medicine shall be entitled to practise medicine
and surgery and to demand and recover reasonable charges
in respect of such practice: Provided that no such licentiate
shall be entitled to sign any certificate required for the
purposes of the births and Deaths Registration Ordinance,
1896, unless he has been authorised thereto by the Governor.

[(3), rep. No. 2 of 1923.]

4. The Colonial Secretary shall keep a register of medical
and surgical practitioners qualified to practise medicine and
surgery in this Colony, as nearly as amy be according to
Form No. 1 in the Schedule.

5. A copy of the register as it then stands shall be
punished by the Colonial Secretary in the first Gazette issued
after every 3rd day of May. The absence of the name of
any person therefrom shall be prima facie evidence that sch
person is not registered.

6.-(1) The Colonial Secretary shall make the necessary
alterations in the addresses or qualifications of the oersons
registered, and cancel in the register the names of all persons
registered who have died or ceased to be qualified.

* As amended by No. 31 of 1914, and No. 2 of 1923.







































































































(2) The Colonial Secretary may send a letter to, any
registered person, addressed to him according to his address
in the register, to inquire whether he his changed his
residence, and if he does not receive an answer within six
months he may cancel the name of such person.

7. Every person registered shall be entitled to practise
medicine and surgery in this Colony, and to demand and
recover reasonable charges for medical or surgical aid render-
ed and the cost of medicines or surgical appliances supplied
by him.

8. Subject ot the provisions of section 3, no person shall
be entitled to recover in any action any charge for any
practice of medicine or surgery by any person not registered.

9.-(1) No certificate which is,k by any Act of parliament
or Ordinance, required to be signed by a physician, a
suregeon, an apothecary, or any other medical or surgical
practitioner shall be valid unless the person signing it is
registerd: Provided that medical certificates of the cause
of death for the purposes of the Births and Deaths Registra-
tion Ordinance, 1896, if signed by any person authorised in
that behalf by the Governor, shall be as valid in all respects
as if they were signed by a registered person.

(2) A list of the persons authorised shall be published in
the first Gazette issued after every 3rd day of May.

(3) The Governor in Council shall have power to make
regulations to be observed by persons so authorised and the
Governor shall have power to withdraw his authorisation from
any person who in his opinion has failed to observe any of
the said regulations.

10.(1) A boaed, to be styled the Medical Borad, shall
be established, and shall conssist of the Principal Civil
Medical Officer and the Senior Naval and Military Medical
Officers for the time being in the Colony, and two registered
medical practitioners and three other fit persons willing to
serve who may be appointed by the Governor.

* But see No. 8 of 1921, s. 21.
+ As amended by No. 31 of 1914.
+ As amended by Law Am. Ord., 1923.



























(2) A member appointed by the Governor shall hold office
for three years, and may be re-appointed or removed by the
Governor at his pleasure.

(3) Three members of the Medical Board shall form a
quorum.

[s. 11, rep. No. 2 of 1923.]

12. Subject to the other provisions of this Ordinance, the
folowing persons shall be entitled to be registered:-

(a) Any peson who is duly registered accofding to law as
a medical and surgical practitioner in any other part of His
Majesty's dominions and therein is entitled to practise
medicine, suegery and midwifery: Provided that such
person's qualification is accepted by the General Council of
Medical Education and Registration of the United Kingdom
as admitting to registration by them:

(b) any person who holds any degree in medicine and
surgery granted by the University of Hongkong:

(c) Any peson who holds a degree, diploma or licence in
medicine and surgery of any medical school in Europe, the
United States of Americal or the Empire of Japan, the degrees,
diplomas and licences of which are recognised as entitling
to registration by the General Council of Medical Education
and Registration of the United Kingdom:

Provided always that any such person shall prove to the
satisfaction of the Medical Board that he is of good character.

13.-(1) Documentary or other evidence of the identity of
any person applying for registration under section 12 and of
the facts and qualifications therin referred to shall be sub-
mitted to and forthwith considered by the Medical Board.

(2) If the Medical Board is satisfied with the proofs sub-
mitted, it shall grant to such person a certificate in Form
No. 3 in the Schedule or as neaaar thereto as circumstances
will permit.

(3) Such certificate shall be impressed with a stamp of
twenty-five dollars, and, on production to the Colonial
Secretary, shall entitle such person to registration as a medical
practitioner.

* As amended by No. 31 of 1914, and Law Am. Ord., 1923.
+ As amended by Law Rev. Ord., 1923, and Law Am. ord., 1923.










































(4) If the Medical Board is not satisfied that such person
has been registered as aforesaid, or with his diploma or other
document as aforesaid, or with the evidence of qualification,
or with the character of the applicant, it shall submit the
case, with a full report thereon, together with all documents
in connexion therewith, to the Governor in Council, who shall
decide whether the Medical Board shall or shall not give the
certificate as aforesaid, and such decision shall be final.

14. If any registered practitioner is convicted of any felony
or misdemeanor, or, after due inquiry, is considered by the
Medical Board to have been guilty of infamous conduct in
any professional respect, the Medical Board may inform the
Colonial Secretary thereof, stating the particulars of the case
in full, and the Colonial Secretary may thereupon, if he thinks
fit, strike the name of such practitioner off the register.

[s. 15, rep. No. 21 of 1922.]

16. Every person who fraudulently procures or attempts
to procure himself or any other person to be registered by
making or producing, or causing to be made or produced,
any false or fraudulent representation or declaration, either
oral or in writing, and every person who aids and assists him
therein, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for any term not exceeding two years.

17.-Every person who-

(1) wilfully and falsely takes or uses any name, title, or
addition implying a qualification to practise medicine or
surgery; or

(2) not beng registered practises for gain, professes to
practise, or publishes his name as practising, medicine or
surgery, or receives any payment as practising medicine or
surgery,
shall upon summary conviction be liable to a fine not exceed-
ing one hundred dollars.

18.-(1) all questions respecting the right of any person
to be registered, or the mode of registration, or the liability
of any person to be struck off the register, and all questions

* As amended by Law am. Ord., 1923.
+ As amended by Law Rev. Ord., 1923.













































respecting any alteration of the register, shall, in case of
dispute, be decided by the Medical Board, subject to an
appeal to the Governor in Council.

(2) If there is no such appeal, the order, direction, or
decision shall be final.

(3) If there is such an appeal, the decision of the Governor
in Council shall be final, and he may give all such directions
to the Colonial Secretary as may be necessary for enforcing
such decision.

19. All civil medical officers and all medical officers of
His Majesty's Navy and Army, respectively serving in this
Colony on full pay, shall be deemed to be registered
practitioners.

20.-(1) No person shall be registered who is not entitled
to be registered under the provisions of section 12.

(2) It shall be lawful for the Governor in Council to remove
from the register any person who, in the opinion of the
Governor in Council, would not be entitled to be registered
unnder the provisions of section 12, and who, in the opinion
of the Governor Council, shall not have been engaged in
continuous practice in the Colony for a period of at least
three months at any time during the period of five years
next preceding the publication in the Gazette of notice of
proposal to make an order for the removal of such person
from the register.

(3) Notice of such proposal shall, if possible, be sent to
the person against whom the order is proposed to be made.

SCHEDULE.

FORM No. 1. [s. 4.]

Medical Register.

PERSONS QUALIFIED TO PRACTISE MEDICINE AND SURGERY.



* As amended by No. 31 of 1914 and No. 2 of 1923.











[FORM No. 2, rep. law Amendment Ordinance, 1923.]

FORM NO. 3. [S. 13.]

Certificate of qualification for registration.

HONGKONG. This is to certify that A.B. has satisfied the Midical
Board that he is duly registered according to law as a
medical practitioner in
and therein is entitled to practise medicine, surgery and
midwifery, and also that he is entitled to be registered
by the General Council of Medical Education and
Registration of the United Kingdom (or that he holds
the degre of of the University
of Hongkong, or that he holds a degree, diploma or
licence in medicine and surgery of
which is a medical school the degrees, diplomas and licences of which
are recognised as entitling to registraton by the General Council of
Medical Education and Registration of the United Kongdom); that he
is of good character; and that he is entitled to be registered under the
Medical Registration Ordinance, 1884.

Dated the day of , 19 .

By order,
C.D.
Secretary of the Medical Board.
[Originally No. 6 of 1884. No. 31 of 1914. No. 21 of 1922. No. 2 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Saving of rights of Chinese person who practise according to Chinese methods. Right of licentiates of the Hongkong College of Medicine. Ordinance No. 7 of 1896. Register of practitioners. Schedule. Form No. 1. Publication of copy of register. Making alterations in register. Registered person may practise and recover charges. Unregistered person not to recover charges. Avoidance of certificate of unregistered person. Ordinance No. 7 of 1896. Constitution of Medical Board. Persons entitled to registration. Evidence of qualification of person applying to be registered. Schedule. Form No. 3 . Striking practitioner off register for crime or infamous professional conduct. Fraudulent registration. Penalty on person falsely taking name implying qualification. Right of appeal to Governor in Council. Saving as to civil and naval and military medical officers. Unqualified person not to be registered. Removal from register of unqualified person. Notice of proposed removal.

[Originally No. 6 of 1884. No. 31 of 1914. No. 21 of 1922. No. 2 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Saving of rights of Chinese person who practise according to Chinese methods. Right of licentiates of the Hongkong College of Medicine. Ordinance No. 7 of 1896. Register of practitioners. Schedule. Form No. 1. Publication of copy of register. Making alterations in register. Registered person may practise and recover charges. Unregistered person not to recover charges. Avoidance of certificate of unregistered person. Ordinance No. 7 of 1896. Constitution of Medical Board. Persons entitled to registration. Evidence of qualification of person applying to be registered. Schedule. Form No. 3 . Striking practitioner off register for crime or infamous professional conduct. Fraudulent registration. Penalty on person falsely taking name implying qualification. Right of appeal to Governor in Council. Saving as to civil and naval and military medical officers. Unqualified person not to be registered. Removal from register of unqualified person. Notice of proposed removal.

https://oelawhk.lib.hku.hk/items/show/1103

PEAK TRAMWAY ORDINANCE, 1883

No. 2 of 1883.

An Ordinance for authorising the construction of the Peak
Tramway. [3rd November, 1883.]

1. This Ordinance may be cited as Peak Tramway Ordi-
nance, 1883.

2. In this Ordinance,
(a) Carriage includes all carriages, cars, and trucks
used upon the tramway.

(b) The company means the persons to whom the
promoters of the undertaking have assigned, with the assent
of the Governor in Council, their reights and privileges in
connection with the construction of the tramway.

(c) The works or the undertaking means the works
or undertaking of whatever ntaure which by this Ordinance
are or is authorised to be executed.

3.-(1) The company may construct and maintain, subject
to the provisions of this Ordinance and in accordance with
the plan which has been deposited as hereinafter mentioned,
the tramway hereinafter described, with all property stations,
crossings, passing places, sidings, junctions, rails, turn-table
plates, offices, weigh-brdges, sheds, works, and conveniences
connected therewith or for the purposes thereof, and may
work and use the same.

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

































(2) the tramway authorised by this Ordinance is a partly
single and partly double line, commencing on the south side
of the south-west boundary of the War Department land at
its junction with Garden Road, thence passing in a southeerly
direction up the hillside to Victoria Gap, crossing over Ken-
nedy and Plantation Roads by means of bridges, and
terminating at Victoria Gap, at a point on the north side of
Farm Lot No. 53: Provided that such alterations as the
company may think fit may be made in the position of the
rail-tracks of the tramway as shown on the plan thereof
deposited by the company in the Public Works Office, so long
as they are within the limits of deviation shown on the said
plan.

4. Subject to the approval of the Governor in Council,
the company may alter the levels of the ground on which the
trammway is laid, make and construct all necessary cuttings
and embankements, bridges, viaducts, culverts, catch- water
drains, and other works, and divert streams: Provided always
that the earth excavated and thrown to waste is disposed of
in such manner as to prevent its being washed down by rain
into the harbour.

5. Subject to the approval of he governor in Council,
after timely and adequate notification by public advertisement
or otherwise of the intention of the company to apply for
such approval, the company may construct and maintain,
subject to the provisions of this Ordinance and in accordance
with plans to be previously depostied in the Public Works
Office, all such crossings, passing places, sidings, juncitions,
turn-tables, and othe works in addition to those particularly
specified in and authorised by this Ordinance as may be
approved by the governor in Council, and may work and
use the same.

6. The tramway shall be constructed on a gauge not
exceeding five feet in width, and with steel rails, which shall,
before being laid down, be approved by the Director of
Public Works.

7.-(1) Where the tramway, or any work connected
therewith, interfers with any sewer, drain, watercourse, or
subway, or in any way affects the sewerage or drainage of
the Colony, the company shall not commence such tramway




































or work until it has given to the Director of Public Works
fourteen days notice in writing of its intention to do so
together with all necessary particulars relating thereto, nor
until the said Director has signified his approval of the same,
unless he does not signify his approval, disapproval, or other
directions within fourteen days after service of the sald notice
and particulars.

(2) The company shall comply with the directions of the
Director of Public Works in tho execution of the said works
and shall provide by new, altered, or substituted works, in
such manner as he may require,, for the proper protection of,
and for preventing injury or impediment to, the sewers and
works hereinbefore referred to by or by reason of the tramway,
and shall save harmless the said Director against the expense
occasioned

(3) All such works shall be done by or under the super-
intedence, of the said Director, at the cost and expense of
the company.

When any new, altered, or substituted work is com-
pleted, the same shall thereafter be as completely under the
control of the said Director, and be maintained by him, as
any othersewers or works.

8. If any difference arises between the comnpany, and the
Director of Public Works with respect to any interference or
control exercised or claimed to be exercised by the company,
or the Director, by virtue of this Ordinance, in relation to
the tramway or any work, or in relation to any work or
proceeding of the said Director, or with respect to the
propriety or the mode of execution of any work relating to
the trmway, or on the question whether any work is such
as ought to satisfy the said Direcior, ot with respect to any
other subject or thing, regulated by or comprised in this
Ordinance, the matter in difference shall (unless otherwise
specially provided, for by this Ordinance) be settled by the
Governor in Council, on the application of eitlier party.

9. The tramway shall not be opened for public trallic until
the same has been certified to be fit for such traffic by the
Director of Public Works, and the Governor in Council has,
by notification in the Gazette, authorised the same to be
opened for such traffic.


10.-(1) If the company discontinues the working of the
tramway or of any part thereof for the space of six months,
(such discontinuance not being occasioned by circumstances
beyond the control of the company, the want of sufficient
funds not being considered a circumstance beyond its control),
the Governor in Council may, by order, declare that the
powers of the company in respect of such tramway, or the
part thereof so discontinued, shall, from the date of such
order, be at an end, and thereupon the said powers of the
company shall cease and determine, unless the tramway is
purchased by the Government in the manner provided by
the Ordinance.

(2) Where any such order has been made, the Director of
Public Works may, at any time after the espiration of two
months from the date of such order, under the authority of a
certificate to that effect, remove the tramway or part of the
tramway so discontinued, and the company shall pay teh cost
of such removal which shall be certified by the said Director,
and the certificate shall be final and conclusive.

(3) If the company fails to pay the amount so ceertified
within two months after delivery of such certificate or a true
copy thereof, the said Director may, without previous notice
to the company (but without prejudice to any other remedy
which he may have for the recovery of the amount), sell and
dispose of the materials so removed, either by public auction
or private sale, and for such sum and to such person as he
may think fit, and may, out of the proceeds of such sale,
reimburse himself the amount of the cost certified as aforesaid
and of the cost of sale, and the balance, if any, shall be paid
to the company.

11. if is appears to the Governor in Council that the com-
pany is insolvent, so that it is unable to maintain such
tramway or work the same with advatage to the public, the
Governor in Council may inquire into the financial affairs of
the company, and if it appears that the company is so in-
solvent as aforesaid, he may, by order, declare that the
powers of the company shall, at the expiration of six months
from the making of the order, be at an end, and the powers
of the company shall cease and determine at the expiration
of the said period, unless the tramway is purchased by the
government in the manner provided by this Ordinance; and
thererupon the Director of Public Works may remove the

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




























tramway in like manner and subject to the same provisions
as to the payment of the cost of such removal, and to the
same remedy for recovery of such cost, in every respectas in
cases of removal under section.10.

12.-(1) The Governor in Council may, within six months
after the expiration of twenty-eight years from the time
when this company was empowered to construct the traimway,
and within six months after the expiration of every subse-
quent period of 1 seven years or within three months after
any order made by the Governor in Council under section
10 or section 11, by notice in writing require the company
to sell, and thereupon the company shall sell, to the Govern-
ment its undertaking on the terms of paying the then value
(exclusive of any allowance, for past or future profits of, the
undertaking or any compensation for compulsory sale or
other consideration whatsoever) of the tramway, and all lands,
buildings, works, materials, and plant, suitable to and used
for the purposes of its undertaking, such value to be, in cases
of difference, determined upon petition to the court in a
summary way.

(2) When any such sale has been made, all the rights,
powers, and authorities of the company in respect of the
undertaking sold, or, where,any order has been made by the
Governor in Council, under section 10 or section 11, all the
rights, powers, and authorities of the company previous to
the making of such order in respect of the undertaing sold,
shall be transferred to, vested in, and may be exercised by the
Government.

13. The carriages used on the tramway may be moved by
means of locomotive or stationary engines and steel-wire
ropes, or by such other mechanical power as the Governor
in Council may approve.

14. Every carriage used on the tramway shall be so con-
structed as to provide for the safety of passengers and for
their safe entrance to and exit from, and accommodation in
such carriage, and their protection from the machinery used
for drawing or propelling such carriage.

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


15. The Director of Public Works or any officer appointed
for that purpose by te Governor in writing, may inspect
any engine or carriage used by the company and the
machinery therein, and slwo any rope or other machinery of
the tramway and report thereon; and the governor may, by
order, prohibit the use of any such engine, carriage, rope, or
machinery which may be reported to be unsafe or unfit for
use.

16.-(1) subject to the provisions of this Ordinance, it shall
be lawful for the governor in Council to make rules for any
of the following purposes:-

(a) for regulating the working and control of the tramway;
(b) for regulating the use of the warningn apparaturs affixed
to the engines or used in any other way;
(c) for regulating the emission of smoke or steam from
the engines;
(d) for providing that engines and carriages shall be
brought to a stand at such places, and in such acases of im-
pending danger, as may be deemed proper for securing
safety;
(e) for regulating the entrance to, exit from, and accom-
modation in the carriages and the protection of passsengers
from the machinery of any engine used for drawing or pro-
pelling such carriages;
(f) for regulating the rate of speed of the engines and
carriages: Provided that the speed shall not exceed the rate
of ten miles an hour, and that no engine or carriage may
pass through movable facing points at a pace exceeding the
rate of four miles an hour;
(g) for the stopping of carriages using the tramways;
(h) for proving for the due publicity of all rules and
by-laws relating to the tramway, by exhibition therrof in
conspicuous place; and
(i) for providing for the safety of the public in all cases
in which it may appear that such safety is or is likely to be
endangered orimperilled.
(2) Subject to this ORdinance, it shall be lawful for the
company to make by-laws-

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






















(a) for preventing the commission of any nuisance in or
upon any carriage, or in or against any premises belonging
to the company; and

(b) for regulating the travelling in or upon any carriage
belonging to the company.

(3) Rules made by the Governor in Council, and by-laws
made by the company, shall come into operation one month
after their publication in the Gazette.

17. Any such rule or by-law may impose fines for offences
against the same, not exceeding ten dollars for each offence,
with or without fines for continuing offences, not exceeding
for any continuing offence five dollars for every day during
which the offence continues.

18.-(1) Subject to the approval of the governor in Council
the company may sell or assign its undertaking, or any part
thereof, to such person, by public auction or private contract
or partly by public auction and partly by private contract,
and with, under, and subject to such terms and condiftions
in all respects, as the company may think fit, with power at
any such sale to fix a reserve price for or buy in the same.

(2) When any such sale, or assignment has been made, all
the rights, powers, authorities, obligations, and liabilities of
the company in respect to the undertaking, or part thereof,
sold or assigned, shall be transferred to, vested in, and may
be exercised by, and shall attach to, the person to whom the
same has been sold or assigned, in like manner as if the
unertaking, or part thereof, sold or assigned, was constructed
by such person under the powers conferred by thssssis Ordinance,
and in reference to the same he shall be deemed to be the
company.

19. Subject to the approval of the goveernor in Council,
the company may demise its undertaking, or any part thereof,
to such person and for such term, and on such conditions, in
all respects as the company may think fit, to take effect either
in possession or at some futrue date, and either with or
without a premium as a consideration for such demise.

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


























20. It shall be lawful for the company to borrow money
on mortgage of all or any part of its underrtaking, and for
that purpose to assign or demise by way of mortgage all or
any portion of its lands, messuages, or tenements, erections,
buildings, works, rolling stock, plant, machinery, chattels,
and effects to any person, and to enter into all such covenatns,
provisos, declarations, and agreements, as the company may
think fit.

21. the governor in Council may, by order, direct that
precedence over the company and all other persons in the
user of the tramway be taken for defensivd or military pur-
poses or for the passage of troops and war material, on giving
to the company, on each occasion of such user, three clear
days notice, and shall direct the payment to the company
therfor of such tolls as amy be agreed on. If no agreement
is come to, then the amount of such tools shall be determined
upon petition to the court in a sumamry way.

22. save and except passengers' luggage not exceeding
sixteen pounds in weight or one cubic foot in measurement,
the company shall not be bound to carry andy animals, goods,
merchandise, mineral,s or parcel.

23.-(1) the company may demand and take the tolls
specified in the Schedule, whichshall be paid to such persons,
and at such places, and in such manner as the company may,
by notice annexed to the list of tolls, appoint.

(2) a list, printed in the English and Chinese languages,
of all the tolls authorised to be taken shall be exhibited in a
conspicuous place at the offices of the company and inside
each of the carriages used upon the tramway: Provided that
if there is any variation between the English and Chinese
prints of the said list, the English print shall prevail.

24. If the carriages during any journey contain their
authorised complement of passengers, the company shall not
be bound to find accommodation for any other passenger,
notwithstanding that he may have purchased a ticket entitling
him to travel on the tramway.




























25. Every person who wilfully obstructs any person acting
under the authority of the company in the lawful exercise of
any of the powers, hereby conferred, or damages or destroys
any property of the company, shall be liable to a fine not
exceeding twenty-five dollars.

26. Every person who wilfully and without lawful
excuse-

(1) interferes with, removes, or alter any part of the tram-
way or of the works connected therewith; or

(2) places or throws any stones, dirt, wood, refuse, or other
materials on any part of the tramway; or

(3) does or causes to be done anything in such manner as
to obstruct any carriage using the tramway or to endanger
the lives of persons therein or thereon; or

(4) knowingly aids or assists in the doing of any of such
things, shall be liable (in addition to any proceeding by way
of indictment or otherwise to which he may be subject) to
a fine not exceeding twenty-five dollars.

27. Every person who-
(1) while travelling or having travelled in any
avoids or attempts to avoid payment of his fare; or

(2) havilig paid his fare for a certain distance, knowingly
and wilfully proceeds in any carriage beyond such distance
and does not pay the additional fare for the additional
distance, or attempts to avoid payment thereof; or

(3) knowingly and wilfully refuses or neglects, on arriving
at the point to which he has paid his fare, to quit any
carriage,
shall be liable to a fine not exceeding ten dollars.

28. Every passenger shall, on request by any officer or
servant of the company, either produce, and if so requested-
deliver up, a ticket showing that his fare , or pay
from the place whence lie started, or give the officer
or servant his name and address ; andin case of default he
shall be liable to a fine not exceeding ten dollars.

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord., 1923, and Law Am. Ord., 1923.
+ As amended by Law Am. Ord., 1923.


29. It shall be lawful for any officer or servant of the
company and all persons called by him to his assistance, to
seize, anh detain any person discovered either in or im-
mediately after committing or attempting to commit any such
offence as is mentioned in sections 27 and 28 and whose name
or residence is unknown to such officer or servant, until such
person can be conveniently taken to a police station for safe
custody and detained until he is discharged by due course of
law.

30. No person shall be entitled to carry or to require to
be carried on the tramway any dangerous goods as defined
by the Dangerous Goods Ordinance, 1873; and every person
who sends by the tramway any such goods, without distinctly
marking their nature, on the outside of the vessel or package
containing the same, or otherwise giving notice in writing
to the book-keeper or other servant with whom the same are
left, at the time of such sending, shall be liable to a fine
not exceeding one hundred dollars. It shall further be
lawful for the company to refuse to take any parcel that it
may suspect to contain any such dangerous goods or require
the same to be opened to ascertain the fact.

31. Any summons, writ, or other proceeding, required to
be served on the company may be served by the same being
left at, or sent by post directed to, the principal office of the
company, or being given or sent by post directed to the,
secretary, or, in case there is no secretary, the solicitor of
the company.

32. With respect to notices, and to the delivery thereof
by or to the company, the following provisions shall have
effect.
(1) every notice shall be in writing; and

(2) a notice to be delivered by or to the company to or by
any other company or person may be delivered by being left
at the office of such otlier company or person, or at the then
present or then last-known place of abode or residence of
such person, or of his ostensible agent, or of other the agent
who pays the rents, rates, and taxes payable in respect of the
property of such person, or by being affixed on some con-
spicuous part of any lands afected or intened to be affected

* As amended by Law Rev. Ord., 1923.
+ As amended by Law Rev. Ord.l, 1923, and Law Am. Ord., 1923.












by such notice, or ty being left at the, office of the company,
as the case may be, or by being sent by post in a registered
letter addressed, as the case may be, to the clerk or secretary
of such other company at its principal office, or to such
person at his then present or then last-known place of abode
or residence or at bis office or business premises, or by being
so sent by post addressed to the ostensible agent or agents
of such person, or other the agent or agents aforesaid, or to
the clerk or secretary of the company at its principal office.

33.-(1) If any party has committed any irregularity,
trespass or other wrongful proceeding in the exectition of
this Ordinance or by virtue of any power or authority hereby
given, and if, before action brought in respect thereof, such.
party makes tender of sufficient amends to the part injured,
such last-mentioned party shall as in other cases where defendants
action.

(2) If no such tender has bGIen made, it shall be lawful
for the defendant, by leave of the court wherein such action
is pending, at any time before answer filed, to pay into court
such such of money as he may think ht, and thereupon such
proceedings shall be had as in other cases where defendants
are allowed to pay money into court.

34. Every toll, or penalty imposed by this Ordinance, the
recovery of which is not otherwise provided for, may be re-
covered before a magistrate.

35. The company shall be answerable for all accidents,
damages, and injuries happening through its act or default,
or through the act or default of any person in its employ-
ment, by reason or in consequence of any of its works or
carriages, and shall save harmless all other companies or
bodies, collectively and individually, their officers and
servants, from all damages and costs in respect or such
accidents, damages, and injuries.

36. Notwithstanding anything in this Ordinailce, the
company and any persons using the trainway shall lie subject
and liable to the provisions of any general Ordinance now
in force or which may hereafter be passed relating to tram-
ways, or by which any tax or duty may be granted or im-
posed for or in respect of tramways or the passengers or
traffic conveyed thereon, and to any condition, regulation or


restriction which may be imposed on the use of tramways,
or on the use tramways of animal power, steam power,
or any mechanical power, by any such general Ordinance as
aforesaid.

37. The powers and privileges given by this Ordinance
are so given saving and reserving always the rights of His
Majesty.


SCHEDULE.

TABLE OF TOLLS. [s.23.]

1. For every passenger travelling on the tramway or any part
thereof,-

(1) as a first class passenger, any sum not exceeding ..... 30 cents.
(2) as a second class passenger, ..... 20
(3) as a third class passenger, ..... 10

2. For every small animal, pe head .................. 10

3. For parcels not exceeding 7 lb. in weight, each ......... 5
exceeding 7 lb. and not exceeding 14 lb. ......... 10
14 lb. 28 lb. ......... 15
28 lb. 56 lb. ......... 20
56 lb. in weight, such sum as the
company may think fit.

The weight shall be determined according to the usual avoirdupois
weight.
[Originally No. 6 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Puchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Rules and by-laws. Penalties in rules or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Schedule. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [cf. No. 2 of 1865, s. 30A, and No. 6 of 1865, s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict.c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. Ordinance No. 1 of 1873. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

[Originally No. 6 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Power to construct and work certain tramways. Power to alter levels of ground, etc. Power to make additional crossings, etc. Gauge. Protection of sewers, etc. Settlement of differences between company and Director of Public Works. Opening of tramway for traffic. Discontinuance of tramway by company. Proceedings in case of insolvency of company. Puchase by Government of tramway. Motive power. Construction of carriages. Inspection of engines, etc. Rules and by-laws. Penalties in rules or by-laws. Power to sell undertaking. Power to let undertaking. Power to mortgage undertaking. Right of user by Government. Company may refuse to carry certain goods. Tolls. Schedule. Limitation of obligation to carry passengers. Obstruction of person acting under authority of company, etc. Interfering with tramway, etc. [cf. No. 2 of 1865, s. 30A, and No. 6 of 1865, s. 27A.] Avoiding payment of fare, etc. Production of tickets on request; avoiding payment of fare. 52 & 53 Vict.c. 57, s. 5. Detention of offender. Penalty for bringing dangerous goods on tramway. Ordinance No. 1 of 1873. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. Responsibility of company for damage. Saving for general Ordinances, etc. Reservation of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1102

DISTRESS FOR RENT ORDINANCE, 1883

No. 1 of 1883.

An Ordinance to consolidate and amend the laws relating
to distraints for rent.
[1st March, 1883.]

1. This Ordinance may be cited as the Distress for Rent
Ordinance, 1883.

2. In this Ordinance,

(a) The court means the Supreme Court in its summary
jurisdiction.

(b) The Registrar means the Registrar of the Supreme
Court.


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


PART I.

JURISDICTION.

3. The court shall have jurisdiction to issue warrants of
distress for arrears of rent in all cases, without respect to the
value of the property on which the rent is to be levied and
without respect to the amount of rent to be levied.

4.-(1) No distress shall be levied for arrears of rent
except under the provisions of this Ordinance.

(2) Every person, not being a bailiff or officer acting under
this Ordinance, who levies or, attempts to levy any such
distress shall upon summary conviction be liable to a fine not
exceeding one hundred dollars or to imprisonment for any
term not exceeding three months, in addition to any other
liability wMeh he may have incurred by his proceedings.

5.-(1) The bailiffs of the court shall be employed under
the provisions of this Ordinance.

(2) The salaries, allowances, and expenses of the bailiffs
and other officers employed under this Ordinance shall be
paid out of the general revenue.,

6.-(1) All fees collected under this Ordinance for services
by such bailiffs and officers shall be paid into the general
revenue.

(2) No fees shall be taken or demanded for such distresses
except those set out in the First Schedule.

7. No warrant shall be issued in any case for arrears of
rent due for more than twelve months at the time of the
application.

PART II

MAKING OF DISTRESS.


8. Any person claiming to be entitled to arrears of rent,
or his duly constituted attorney or agent, may apply for such
warrant as is hereinafter mentioned.

9.-(1) A Power of attorney to an authorised to
apply for warrants of distress may be either general or for the
particular case, and shall be exempt front stamp duty, if con-
fined solely to the purpose of giving authority to distrain for
rent under this Ordinance.

(2) Such power may be in Form No. 1 in the Second
Schedule or to the like effect.

10.-(1) Every application for a warrant shall be sup-
ported by an affidavit, which may be according to Form No.
2 in the Second Schedule or to the like effect.

(2) Such affidavit may be sworn in like manner as ohter
affidavits in the court.

11. A warrant according to Form No. 3 in the Second
Schedule or to the like effect may be issued by a judge or,
int the absence of any judge from the court house, by the
Registrar, returnable within six days and addressed to any
one of the bailiffs of the court.

12. the judge or Registrar to whom application is made
may, on examination of the person applying for such warrant,
decline to issue the same.

13.-(1) If a judge declines to issue such warrant, ap-
plication may be made to the Full Court as provided in cases
under section 23 of the Supreme Court Ordinance, 1873.

(2) If the Registrar declines to do so, application may be
made to a judge in the first instance. A Deputy Registrar
may, however, refer any application to the Registrar.

15. In pursuance of the warrant aforesaid, the bailiff shall
seize the movable property found in or upon the hosue or
premises mentioned in the warrant, and int the apparent
possession of the person from whom the rent is claimed
(hereinafter called the debtor), or such part thereof as may,
in the bailiff's judgment, be sufficient to cover the amount of
the rent, together with the costs of the distress.

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
















16. the bailiff shall not seize-

(1) things in actual use, in the hands of a person at the
time of seizure; or

(2) tools and implements not in use, where there is other
movable property in or upon the house or premises sufficient
to cover the amount of the rent and costs; or

(3) goods of a temporary guest at an inn; or

(4) goods of a lodger at a funished lodging-house; or

(5) the debtor's necesary wearing apparel; or

(6) goods in the custody of the law; or

(7) goods delivered to aperson exercising a public trade,
to be carried, wrought, worked up, or managed in the way
of his trade or employ.

17. On seizing any property under section 15, the bailiff
shall make an inventory and appraisement of such property,
and shall give a copy of such inventory and appraisement
and notice in writing, according to Form No. 4 in the
Second Schedule or to the like effect, to the debtor or to any
other person on his behalf, in or upon the said house or
premises.

18. The bailiff shall, as soon as may be, file in the court
copies of the said inventory, appraisement, and notice.

19.- (1) any bailiff or officer appointed to execute a dis-
tress warrant may break open inner doors.

(2) If he is denied admittance to any building as to which
he has a warrant to distrain, after declaring his name and
business, or if, after wating a reasonable time, no person
answers or is in the building, he may apply to the court for
authority to break open outer doors and windows, so far as
may be necessary to enable him to execute the warrant.

(3) The court, on ebing satisfied , by the affidavit of the
bailiff or officer, that there are no reasonable means of
executing the warrant without breaking open such outer doors
or windows, may grant an order in writing, addressed to a
bailiff of the court, authorising him to break open, or have
broken open, such doors and windows.

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






































(4) Before executing such order, however, the bailiff shall
inform any person in or about the building that he has such
order and that he is about to act on it, nless the doors or
windows are opened.

20. The bailiff may impund or otherwise secure the
property seized in or on the house or premises chargeable
with the rent or may remove the same.


PART III.

DISCHARGE OF AND COMPENSATION FOR
WRONGFUL DISTRESS.

21. The debtor, or any other person alleging himself to
be the woner of any property seized under this Ordinance,
may, at any time withing five days from such seizure, on
twenty-four hours notice to the person who obtained the
warrant and to the bailiff, setting out the facts on which the
claim is founded, vertified by affidavit, apply to the court to
discharge or suspend the warrant or to release a distrained
article; and the court may discharge or suspend such war-
rant or release such article accordingly, on such terms as it
may think just.

22. On any such application, the costs attending it and
attending the issue and execution of the warrant shall be in
the discretion of the court, and shall be paid as the court
directs.

23. If any claim is made to or in respect of any property
seized under a disrress warrant, or in respect of the proceeds
or value thereof, by any person not being the debtor, the
Registrar, on the application of the bailiff who seized the
property, may issue a summons calling before the court the
claimant and the person who obtained the warrant, and there-
upon any action which may have been brought in respect of
such claim shall be stayed, and the court, on proof of the
service of such summons and that the property was so
distrained, may order the plaintiff to pay the costs of all pro-
ceedings in such action after the service of such summons.

24.-(1) Every such claim shall be verified by affidavit
setting out the facts on which its is founded.

























(2) When so verified the court shalladjudicate thereupon,
and make such order between the parties in respect thereof,
and of the costs of the proceedings, as it thinks fit.

(3) Such order shall be enforced as if it were an order
made in an actin brought in the court.

25.-(1) In any case under section 21 or section 23, the
court may, if a claim has been made therfor at the time of
applicaation, and if it appears to the court tjat the landlord
or bailiff had no reasonable ground for believing that the
goods were p roperly distrainable, award such compensation
by way of damages to the applicant or claimant, as the case
may be, as the court thinks fit, and may for that purpose
make any inquiry it thinks necessary.

(2) The order of the court awarding or refusing such
compensation shall bar any action in respec tof injury caused
by the distress.

26. The court may, at any time, on the application of the
debotr and on reasonable notice being given of the applica-
tion to the peson who obtained the warrant, give time to the
debtor to pay the rent due from him, on such terms as it
may think just and reasonable.

PART IV.

SALE OF DISTRESS.

27.-(1) In default of any order to the contrary, the dis-
trained property shall be sold on the day mentioned in the
notice of appraisement and slae hereinbefore referred to, and
such sale shall be conducted at such place and time and by
such person as the Registrar may direct, whether by an
auctioneer or by a bailiff of the court.

(2) The auctioneer or bailiff shall, on realizing the proceeds,
pay over the amount thereof to the court, and such amount
shall be applied first in payment of the costs of the distress,
and then in satisfaction of the debt; and the surplus, if any,
shall be returned to the debtor.

28. Provided that the debtor may require that the sale
shall take place in any other manner than that directed by
the Registrar, on giving security for any extra costs or loss
thereby, or that, in the opinion of the Registrar, may be
thereby occasioned.



































PART V.

DESERTED PREMISES.

29.-(1) Where any immovable propety is held at a rack
rent, or where the rent reserved is full three-fourths of the
yearly value of the demised premises, and where neither the
value of the premises by the year, nor the rent payable in
respect of the tenancy by the year, exceeds three hundred
dollars, if the tenant is in arrears for two months and deserts
the demised premises and leaves the same uncultivated or
unoccupied, so as no sufficient distress can be had to coun-
tervail the arrears of rent, it shall be lawful for the court, at the
request of the lessor or landlord or his agent and on informa-
tion upon oath, to issue its warrant authorising any bailiff to
enter on the premises, breaking any doors, windows, or gates,
if necessary; and, if the premises are found to be deserted
with no sufficient distress therein, to place the same in charge
of a bailiff and to affix a notice thereon, in a conspicuous
place, that, unless cause to the contrary is shown before the
court within ten days, the premises will be given over to the
applicant.

(2) If no such cause is shown, it shall be lawful for
the court, on proof of the fact of desertion, of non-
payment of at least two months rent last due, of want of
sufficient distress, and that the applicant is the lessor or
landlord of the premises or entitled under this Ordinance to
a distress warrant, to make an order directing a bailiff to put
the applicant in possession of the premises, and the demise
shall become void.

PART VI.

RULES AS TO DISTRESS.

30. Arrears of rent may be distrained for after the end or
determination of any term or lease at will, in the same man-
ner as if such term or lease had not been ended or determined:
Provided that such distress is made during the continuance
of the possession of the tenant is made during the continance
became due.

31. No personal propety shall be removed from any
premises under any writ from any court, other than writs in
Crown suits, until the claim for rent due to the landlord or
lesson or person entitled to receive the rent is satisfied:


















































Provided that such claim shall not in any case exceed the
amount due for six months rent last due.

32.-(1) If personal property, otherwise liable to distress
for rent, is, at time of the issue of any distress warrant or
therafter before seizure by the bailiff under such warrant,
seized under any writ or warrant of the Supreme Court, the
said bailiff shall not size such personal property, but shall
returen the warrant into court and deliver copies thereof to
the execution creditor or his agent and to the debtro, either
personally or by leaving the same at the place where the
goods were seized.

(2) Such execution creditor or debtor or either of them
may apply to the court to discharge or suspend the warrant
within the time and in the manner mentioned in section 21,
and if no such application is made within the said time, the
Registrar shall, out of the first money to be received by him
from the officer executing such writ or warrant, pay over to
the person obtaining such distress warrant the amount there-
of: Provided that if the amount mentioned in the distress
warrant exceeds the amount due for six months rent, the
Registrar shall pay the amount of rent due for six months and
the costs and no more.

33. if any execution is paid off after the issue of a distress
warrant, the bailiff shall immediately execute the distress
warrant.

34. The following persons may, either personally or by
their attorneys or agents, apply for warrants to distrain for
arears of rent due to the estates represented by them; that
is to say,-

(1) execturors or administrators of any lessor or lanlord
or person entitled to receive rents;

(2) guardians for infants;

(3) committees of lunatics for the lunatics;

(4) receivers appointed by courts for the estate over or for
which they are appointed;

(5) assignees and trustees in bankruptcy for the estate of
the bankrupt;

(6) mortgagees for the property mortgaged, if the mort-
gagee is in possession;

(7) trustees for the estate over which the trust extends;

(8) lessees against their underlessees;






































(9) the Registrar for premises seized under execution, if
rented to tenants by the person against whom the execution
is issued, or otherwise rented so that the rent is payable to
such person; and

(10) married women, with or withourt the concurrence of
their husbands, for arrears of rent due on property held by
them to theri sole and separate use.

35. Where a right to distrain accrues to parties jointly
interested or together interested in any premises, such as
coparceners, joint tenants in common, executors,
administrators, trustees, guardian,s partners, or otherwise,
proceedings under this Ordinance may be taken by any one
of such parties, in his own name and the name or names of
those jointly or together interested with him, and the levying
or rent so distrained for shall be a complete discharge to the
tenant for the rent or for so much thereof as may be so levied;
and the party so levying shall be liable to account to the
parties having the interest jointly or together with them for
all sums so levied: Provided that if, in any particular
case, it appears to the court or to the Registrar to be advis-
able to do so, the court or the Registrar may require the
party so applying to produce a written authority to distrain,
signed by on eor more of the persons jointly or together
interested with him.

36. No property found at the time of distraint in or on
any premises as to which an arrear of rent is due shall be
removed from such premises without the consent of the person
issuing the distress warrant, or by direction of the Registrar,
until satisfaction is made for the rent due, if the arrear has
accured during the current tenancy, and if at any time such
property would have been liable to distraint for rent under
this Ordinance; and the landloard or lessor shall be entitled to
require the bailifff, on giving such bailiff a sufficient indemnity,
to the satisfaction of the Registrar, to follow the property, if
removed, and seize the same under the distress warrant,
whether or not such property was afterwards disposed of by
the owner by way of sale, exchange, mortgage, pledge, or
otherwise.

37. If the tenant or lessee or person in possession or
occupation of any premises on which there is an arrear of rent
due, recoverable by distress, removes or carries away, or





















causes or permits to be removed or carried away, from the
premises any movable property liable to be seized for such
rent, so as to prevent or hinder the bailiff rom distraining the
same, it shall be lawful for the court, on application verified
by affidavit, to authorise the bailiff to whom the warant of
distress to distrain for the rwent on such premises is ad-
dressed, and the officers acting with him, to follow and to
take and seize such property as a distress for the said
arrears of rent, wherever the same may be found, at any
time within thirty days from the day of its removal,
exclusive of the day of removal, and to deal with the
property so removed in the same way as if it had been
found on the premises, and, if advisable to do so, to place
the same again in the premises: Proviede that it shall be
lawful for the bailiff, without such authority, to follow and
seize any such propety found by him in the act of being
removed from any such premises, and before the same is
placed in any other house or building.

38. If such property or any part thereof so removed or
carried away under the circumstances mentione din sections
36 and 37 has been sold bona fide and for a sufficient
consideration, before or after removal from the premises
distrained, to any person not knowing and not having the
means of knowing that the same was liable to distraint for
rent, or was removed or careied away, or was to be removed
or carried away, so as to prevent or hinder the landlord
or lessee from distraining, the same, or so much thereof as
has been so sold, shall be restored by the bailiff distraing
or by the court on application under section 21.

39. Every tenant or lessee or person in possession or
occupation who fraudulently removes or carries away
movable property as aforesaid, and every person who
wilfully and knowingly aids or assists suuuuch tenant or lessee
or person in such fraudulent removal or carrying away,
shall be deemed to be guilty of a misdemeanor.

[s. 40, rep. No. 8 of 1912.]

41. Where any distress is made for any sum of money
to be levied by virtue of this Ordinance, the distress itself
shall not be deemed unlawful, nor the party making the
same be deemed a trespsser, on account of any defect or
want of form in the roceeding relating thereto, nor shall




































the party distraining be deemed a trespasser from the
beginning on account of any irregularity which may after-
wards be committed by the party so distraining, but the
person aggrieved by such irregularity may recover satisfac-
tion for the special damages in an action as provided by
section 25.

42. Nothing in this Ordinance shall be held to apply to
rents due to the Crown.

FIRST SCHEDULE.

TABLE OF FEES TO BE LEVIED IN DISTRAINTS FOR RENT. [s. 6.]



The above scale is intended to include all expenses, except in actions
where the tenant disputes the landlord's claim, and witnesses have to
be subpoenaed, in which, case each subppoena must be paid for at 25
cents; where watchmen are kept in charge of property distrained,
50 cents per day must be paid per man; where property is removed
and stored, the necessary expenses, to be fixed by the Registrar, must
be paid.


SECOND SCHEDULE.

FORM No. 1. [s. 9.]

Power of attorney to distrain.

I [or We], A.B. do hereby authorise C.D. to be may [or our] agent to
act fro me [or us] in distraining, under the Distress for Rent Ordinance,
1883, for [all] the arrears of rent now due to me [or us] (or to be
hereafter due) on property situate in [here describe the property], as to
which I am [or we are] entitled ot distrain as owner, [or lessee, trustee,
guardian, etc.] alone [or together with E.F.] etc.

Dated the day of , 19 .

(Signed.) A.B.

* For distraint fees in the New Territories see Hodgson's
Regulations of Hongkong 1914, p. 799.























FORM No. 2 [s. 10.]

Affidavit in support of application for warrant of distress.

HONGKONG.

In the Supreme Court, Summary Jurisdiction.

A.B., Plaintiff.

v.

C.D., Defendant.

I, A.B., an inhabitant of , make oath and say that C.D.,
of , is justly indebted to in the sum of $
for arrears of rent of the house and premises No. situate at
in the due for
months, to wit, from the day of , 19 .
to the dau of 10, at the rate of
per mensem.
(Signed.) A.B.

Sworn before me
at on the day of
,19 . (Signed)


FORM No. 3. [s. 11.]

Warrant of distress.

HONGKONG.

In the Supreme Court, Summary Jurisdiction.

To E.F., Bailiff of the court.

I hereby direct you to distrain thee goods and chattels on the premises
of C.D. situate at in the
for the sum of $ being the amount of
months rent due to A.B. for the same on the
months rent due to A.B. for the same on the day of
,19 , according to the provisions of the Distress for Rent
Ordinance, 1883.

Before proceding to distrain under this warrant, you shall demand
payment of the amount indoresed hereon.

Dated the day of , 19 .

[L.S.] (Signed.)

































[s. 17] FORM No. 4.

Inventroy, appraisement, and notice.
HONGKONG.

In the Supreme Court, Sumamry Jurisdiction.
To C.D.

Take notice that I have this day seized the goods and chattels con-
tained in the above inventory and appraisement, for the sum of
$ being the amount of months rent due to A.B.
on the day of , 19 ,
and that unless you pay that amount, together with the costs of this
distress within five days from the date thereof, or obtain an order from
the court to the contrary, the same will be sold on the day of
, 19 , pursuant to the provisions of the Distress for
Rent Ordinance, 1883.
Dated the day of ,19 .
(Signed.) E.F.
[Originally No. 1 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorised person levying distress. Employment and payment of bailiffs. Fees. First Schedule. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Second Schedule. Form No. 1 Form of affidavit. Second Schedule. Form No. 2. Form and issue of warrant. Second Schedule. Form No. 3. Refusal of warrant. Appeal from refusal. Ordinance No. 3 of 1873. Time for making distress. Property liable to to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule. Form No. 4. Filing of inventory, etc. Entry, and forcible entry. Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rents of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Distraint after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by teneant. [cf. No. 1 of 1898, s. 5.] Protection against irregularity in proceedings. Exclusion of Crown rents. [cf. No. 6 of 1875.]

[Originally No. 1 of 1883. Law Rev. Ord., 1924.] Short title. Interpretation. Issuing of warrants of distress. Punishment of unauthorised person levying distress. Employment and payment of bailiffs. Fees. First Schedule. Limitation of time for issue of warrant. Application for warrant. Form of power of attorney. Second Schedule. Form No. 1 Form of affidavit. Second Schedule. Form No. 2. Form and issue of warrant. Second Schedule. Form No. 3. Refusal of warrant. Appeal from refusal. Ordinance No. 3 of 1873. Time for making distress. Property liable to to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule. Form No. 4. Filing of inventory, etc. Entry, and forcible entry. Impounding of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudication in case of wrongful distress. Compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rents of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Distraint after satisfaction of execution. Persons allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by teneant. [cf. No. 1 of 1898, s. 5.] Protection against irregularity in proceedings. Exclusion of Crown rents. [cf. No. 6 of 1875.]

https://oelawhk.lib.hku.hk/items/show/1101

PUBLIC OFFICERS (CONVICTION OF CRIME) ORDINANCE, 1882

No. 2 of 1882.

An Ordinance to provide for the vacation of offices and the
determination of pensions and allowances held by
persons convicted of crime.
[13th December, 1882.]

1. this Ordinance may be cited as the Public Officerss
(Conviction of Crime) Ordinance, 1882.


* As amended by No. 21 of 1922.
+ As amended by Law Rev. Ord., 1923.


2. If any person convicted within the jurisdiction of any
of His majesty's courts, of treason or felony for which he
is sentenced to dealth, or penal servitude, or any term of
imprisonment with hard labour, or exceeding tweelve months,
at the time of such conviction holds in this Colony any civil
office under the Crown or other public employment or place,
or is entitled to any pension or superannuation allowance
payable by the public or out of any public fund, such office,
employment, or place shall forthwith become vacant, and such
pension or superannuation allowance shall forthwith deter-
mine and cease to be pauable, unless such person receives a
free pardon from His Majesty within six months after such
conviction, or before the filling up of such office, employ-
ment, or place, if given at a later period; and such person
shall become and (until he has suffered the punishment to
which hwe has been sentenced, or such other punishment as
by competent authority may be substituted for the same,
or receives a freee pardon rrom His Majesty) shall continue
thenceforth ncapable of holding in tis Colony any civil
office under the Crown or other public employment of place.
[Originally No. 20 of 1882. Law Rev. Ord., 1924.] Short title. Forfeiture of public office or pension by person convicted of treason, felony, etc. 33 & 34 Vict.c. 23, s. 2.

[Originally No. 20 of 1882. Law Rev. Ord., 1924.] Short title. Forfeiture of public office or pension by person convicted of treason, felony, etc. 33 & 34 Vict.c. 23, s. 2.

https://oelawhk.lib.hku.hk/items/show/1100

CENSUS ORDINANCE, 1881

No. 2 of 1881.
An Ordinance to make provision for taking from time to
time the census of the Colony.

[14th March, 1881.]

1. This Ordinance may cited as the Census Ordinance,
1881.

2. (1) The Governor in Council may authorise and
direct a census to be taken of the inhabitants of the Colony
at such times as he thinks fit, and may appoint such census
officers as may be necessary for the purpose of conducting
the census and acting as enumerators, and may cancel such
appointment.

(2) Notice of the intention to take such census, and of the
date of such intended taking, shall be punished in the
Gazette at least ten days, purpose.

3. The officers so appointed shall, in accordance with the
instructions of the Governor, make such arrangement as
may be necessary for the purpose.

4. Schedules shall be prepared for the purpose of being
filled up by or on behalf of the several occupiers of every
dwelling-house or place of residence in the Colony, and by
or on behalf of the persons on board every vessel in the
waters of the Colony, with such particulars as to the
Governor in Council may seem fit.

5. The Governor in Council may make regulations for
carrying out this Ordinance, and all such regulations shall
be printed in such languages an posted in such places as
the Governor in Council may seem fit.

6. The master or keeper of very school, gaol, prison
hospital, or public or charitable institution, and the manager
of every dock, factory, or place employing over twentY
persons, and the proprietor or manager of every hotel, and
the master or person in charge of very vessel lying within
the waters of the Colony shall be the enumerators of the
inmates thereof or the persons residing therein.

As amended by Law Rev. Ord., 1923.


7. the census officers and enumerators may ask all such
questions as may be necessary for obtaining the information
required under this Ordinance.

8.-(1) Every person who, without lawful excuse, wilfully
refuses or neglects-

(a) to fill up and sign, according to the truth of the case,
or to alter or amend in any particular, if required to do so
by the enumerator or census officer, any schedule left at
his house or place of residence; or

(b) to deliver the same to the emumerator or census officer
when required to do so; or

(c) to furnish information to any enumerator or census
office, or to permit im to obtain information in his building
or place, or on board his vessel; or

(d) to answer any such question as aforesaid put to him
by any enumerator or census officer,

shall upon summary conviction be liable to a fine not
exceeding twenty-five dollars.

(2) Every person who wilfully obstructs any census officer
or enumerator, or other person engaged in the conduct of
the census, shall upon summary conviction be liable to a
fine not exceeding one hundred dollars.

[(3), rep. No. 21 of 1922.]

9. The Governor shall award such remuneration as he
may think fit to census officers and enumerators.
[Originally No. 2 of 1881. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Governor in Council may direct census, and appoint officers. Making of necessary arrangements. Preparation of schedule. Regulations. Enumeration of inmates of schools, etc. Officer to ask questions. Remuneration of officers.

[Originally No. 2 of 1881. No. 21 of 1922. Law Rev. Ord., 1924.] Short title. Governor in Council may direct census, and appoint officers. Making of necessary arrangements. Preparation of schedule. Regulations. Enumeration of inmates of schools, etc. Officer to ask questions. Remuneration of officers.

https://oelawhk.lib.hku.hk/items/show/1099

MARRIAGE ORDINANCE, 1875

No. 7 of 1875.

An Ordinance to provide a general register of marriages
celebrated in the Colony.
[1st March, 1876.]

[Preamble, rep. No. 62 of 1911.]

1. this Ordinance may be cited as the Marriage Ordinance,
1875.

2.-(1) The Secretary for Chinese Affairs shall be Re-
gistrar of marriages, and, to assist him, the governor may
appoint one or more Deputy Registrars, and such deputies
may celebrate marriages, and may exercise all the other
powers and perform all the duties conferred upoon the
Secretary for Chinese Affairs by this Ordinance.

(2) all acts done by a deputy shall be as valid as if done
by the Secretary for Chinese Affairs.

3. The Governor may license any place of public worship
to be a place for the celebration of marriages, and may at
any time cancel any such licence.

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


4. Whenever the Governor grants or cancels any such
licence, the Secretary for Chinese Affairs shall give public
notice thereof in the Gazette.

5.-(1) Whenever any persons desire to marry, one of the
parties to the intended marriage shall give notice thereof to
the Secretary for Chinese Affairs in Form No. I in the
First Schedule.

(2) Every such notice shall be signed by the party
the notice.

6.-(1) The Secretary for Chinese Affairs shall file every
such notice in his office.

(2) He shall exhibit one copy of such notice at the office
of the Secretary for Chinese Affairs, and may, if he, thinks fit,
exhibit copies in other conspicuous places open to the public,
and shall keep every such copy so exhibited until he issues
a certificate as hereinafter mentioned or until the three
months referred to in section 10 expire.

(3) He shall also enter a copy of the said notice, with the
date of such entry, in a book to be called the Marriage Notice
Book.

(4) He shall allow any person to inspect such book during
other hours without fee.

7. The Secretary for,Chinese Affairs shall supply forms of
notice gratuitously to persons applying for the same.

8, At any time not more than three months or (except
when the Governor grants a licence) less than fifteen days
after the giving of such, notice, the Secretary for Chinese
Affairs shall, on the request of either, of the parties, issue a
certificate in Form No. 2 in the First Schedule.

9. The Governor may, at any time after a party has given
notice as aforesaid, grant a licence, in Form o. 3 in the
First Schedule, authorising the Secretary for Chinese Affairs
to issue his certificate on or after any day named in such
licence.

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


10. If the marriage does not take place within three
months after the giving of the above-mentioned notice, the
notice given and all proceedings thereupon shall be, utterly
void, and fresh notice will be required before any marriage
can be had between the parties.

11.-(1) The Governor may, when he sees, fit, grant a
special licence, in Form No. 4 in the First Schedule, dispens-
ing with notice as-aforesaid, or with the certificate of the
Secretary for Chinese Affairs or with both, and authorising
celebration of a marriage between the parties named
at a place and at a time specified in the licence.

(2) The Governor may grant such licence without payment
of any fee, or on payment of such reduced fee as, in the
special circumstances of thecase, he may think sufficient.

12. Before the Secretary for Chinese Affairs issues any
certificate and before the Governor grants any licence, one
of the parties to the intended marriage shall appear personally
before the Secretary for Chines'e Affairs and make affidavit
(which the Secretary for Chinese Affairs is hereby affidavit
to take) that he or she believes that there is not any impedi-
ment of kindred or alliance or any other lawful hindrance
to the marriage, and either that the consent of the parties
required by law to consent to the marriage has been obtain-
ed or that no such consent is required.

13. If either party to the, intended marriage, not being a
widower or a widow, is under twenty-one years of age, the
written consent of the father, or, if he is dead or non compos
mentis, of the mother, or, if both are dead or non compos
mentis, of the lawful guardian of such party, must be
produced to the Secretary ofr Chinese Affairs before he
issues a certificate or to the Governor before he grants a
licence.

14. If there is no parent or guardian of such party
residing in the Colony and capable of consenting, the
Secretary for Chinese Affairs may give his consent in writing
to the marriage, if on inquiry the marriage appears to him
to be proper, and such consent shall be as effectual as if the
father or mother or guardian had consented.

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






















(1) Any person whose consent is required as afore-
said may forbid the issue of the certificate of the Secretary
for Chinese Affairs by writing the word Forbidden
opposite the entry in the Marriage Notice Book, and by
signing his name and the character in which he forbids the
issue.

(2) If the issue of any certificate. is so forbidden, the
notice and all proceedings thereupon shall be void.

16.-(1) If either of the parties to the intended marriage
alleges that the person forbidding the issue of the certificate
is not authorised by law to do so, the Secretary for Chinese
Affairs shall inquire into the matter, and if he is satisfied
that the person is not so authorised, he may proceed to issue
the certificate in due course, without reckoning the time
that has elapsed since the issue was forbidden.

(2) For the purposes of such inquiry or of any inquiry
under section 14, the Secretary for Chinese Affairs may,
administer an oath to any person.

17.-(1) If the Secretary for Chinese Affairs considers
that the person forbidding the issue of the certificate is
authorised to do so, either of the parties to the intended
marriage may appeal by petition to the Supreme Court, and
the court or judge may hear and determine the matter of the
petition in a summary way.

(2) Such determination shall be final and the Secretary
for Chinese Affairs shall proceed in accordance therewith,
without reckoning the time that has elapsed since the issue
was forbidden.

[s. 18, rep. No. 21 of. 1922.]

19.-(1) Marriages may be celebrated in any licensed
place of worship by any competent minister of the church,
denomination, or body to which such place of worship
belongs, and according to the rites or usages of marriage
observed in such church, denomination, or body, provided
that the marriage is celebrated with open doors, and (except
in case of a special licence) between 6 a.m. and 6 p.m., and
in the presence of two or more witnesses, besides the officiat-
ing minister.

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


(2) No minister shall celebrate any marriage until the
parties deliver to him the certificate of the Secretary for
Chinese Affairs or the Governor's special licence.

20.-(1) The Secretary for Chinese Affairs shall cause to
be prepared and delivered to the several licensed places of
worship books of marriage certificates in duplicate and with
butts in Form No. 5 in the First Schedule.

(2) The certificate shall be signed in duplicate by the
officiating minister, by the parties, and by two or more
witnesses to the marriage.

(3) The minister shall deliver one certificate to the
immediately after the marriage, and shall transmit the other
to the Secretary for Chinese Affairs within seven days there-
after, who shall file the same in his office.

(4) The officiating minister shall enter in the butt the
names of the parties and the date of the marriage.

21.-(1) After the issue of a certificate, by the Secretary
for Chinese Affairs, the parties may, if they think fit, contract
a marriage before the Secretary for Chinese Affairs: Provided
that, before they are permitted to do so, each of the parties
shall sign a written declaration in the presence of the
Secretary for Chinese, Affairs, which he shall witness, in
Form No. 6 in the First Schedule.

(2) Such declaration shall, if necessary, be interpreted to
both or either of the parties In their or his or her own
language in the presence of the Secretary for Chinese Affairs,
and the person interpreting such declaration shall subscribe
his name to it interpreter.

(3) The marriage shall take place in the presence of two
or more witnesses, in the office of the Secretary for Chinese
Affairs with open doors, and (except in case of a special
licence) between 10 a.m. and. 4 p.m., and in the following
manner:-

(a) the Secretary for Chinese Affairs shall first address the
parties to the following effect:-

Know ye, A.B., and C.D., that by the public taking of
each other as man and wife in my presence and in the presence
of the persons now here, and by the subsequent attestaton

* But see No. 3 of 1893, for marriages in articulo mortis.
+ As amended by Law Rev. Ord., 1923.


thereof by signing your names to that effect, you become
legally married to cach other although no other rite of a civil
or religious nature shall take place; and know further that
this marriage cannot be dissolved during your lifetime, except
by a valid judgment of divorce, and that if either of you,
before the death of the other, shall contract another marriage
while this remains undissolved, you will thereby be, gifilty of
bigamy, and be liable to the punishment inflicted for that
grievous offence.: and

(b) each of the parties shall then say to the other
I call upon all persons here present to witness that I,
A.B., do take thee, C.D., to be my lawful wife [or husband].

(4) The Secretary for Chinese Affairs and the parties and
witnesses shall thereUpon sign duplicate certificates in the
form and manner hereinbefore prescribed.

(5) The Secretary for Chinese Affairs shall deliver one
certificate to the parties and shall file the other in his office.

22. Whenever the Governor's special licence authorises
the celebration of a marriage at a place other than a registered
place of worship or the office of the Secretary for Chinese
Affairs, the Secretary , for Chinese Affairs, on taking the
affidavit of one of the parties to the marriage, shall deliver
to him or her a blank certificate of marritige in duplicate,
and the minister celebrating the marriage, the parties, and
two witnesses shall sign the same, in manner hereinbefore
prescribed, and the minister shall deliver one certificate to
the parties, immediately after the marriage, and shall trans-
mit the other to the Secretary for Chinese Affairs within
seven days thereafter, and the Secretary For Chinese Affairs
shall file the same in his office.

23. The Secretary for Chinese Affairs shall register all
certificates of marriage filed in his office in such order and
manner as he thinks best suited for easy reference thereto.

24. Any certificate of marriage filed in the office of the
Secretary for Chinese Affairs, or a copy thereof, provided
it purports to be signed and certified as a true copy by the
Secretary for Chinese Affairs and to be sealed or stamped
with his official seal, shall be admissible as evidence of the
marriage to which the same relates in any court or before
any person having by law or by consent of parties authority
to hear, receive, and examine evidenc.

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













25. The Secretdry for Chinese Affairs may, when authorised
by the Colonial Secretary to do so, correct any clerical
error in any certificate of marriage on production to him
of the certificate delivered to the parties, and shall au-
thenticate every such correction by his signature, or by
marking the same with his initials, and the date of making
the correction.

25A. The Secretary for Chinese Affairs may allow
searches to be made amongst all certificates, licences,
registers, and indexes in his possession and give a certified
copy of any entry therein, and issue a certificate to the
effect that there is no record of a marriage between certain
persons named having taken place.

26.-(1) No marriage shall be valid which would be null
and void on the ground of kindred or affinity in England or
Wales.

(2) A marriage shall be null and void if both parties
knowingly and wilfully acquiesce in its celebratin in any
place other than the office of the Secretary for Chinese
Affairs or a licensed place of worhsip (except when authoris-
ed by special licence), or under a false name or without a
certificate of notice or licence duly issued, or by a person
not being a competent minister or the Secretary for Chinese
Affairs or his deputy.

(3) But no marriage shall, after celebration, be deemed
invalid by reason that any provision of this Ordinance, other
than the foregoing, has not been complied with.

27. All marriages celebrated under this Ordinance shall
be good and valid in law to all intents and purposes.

28. Every person who, knowing that the written consent
of the proper person as herein prescribed has not been
obtained, marries, or assists or procures any other person
to marry, a person under the age of twenty-one years, not
beng a widow or widower, shall be guilty of a misdemeanor,
and shall be liable tio imprisonment for any term not
exceeding two years.

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


























29. Any minister who-

(1) wilfully celebrates a marriage in the case of a minor,
without such written consent as herein prescribed; or

(2) wilfully celebrates a marriage contrary to any other
provision of this Ordinance, or knowing that any provision
of this Ordinance has not been complied with,

shall be guilty of a misdemeanor, and shall be liable to
imprisonment, without hard labour, for any term not, exceed-
ing two years.

30. Any minister who, after celebrating a marriage, fails
to transmit the certificate thereof to the Secretary for Chinese
Affairs within seven days thereafter shall be liable to a fine
not exceeding fifty dollars.

31. Every poerson who wilfully removes, defaces, alters, or
destroys any copy of a notice of intended marriage shall be
liable to a fine not exceeding twenty-five dollars.

32. Every person who knowingly and wilfully celebrates
or pretends to celebrate a marriage, not being legally com-
petent to do so, shall be guilty of a misdemeanor, and shall
be liable to imprisonment for any term not exceeding two
years.

33. All fines for offences against this Ordinance may be
recovered in a summary way before a magistrate.

34. the forms in the First Schedule may be used in the
cases to which they are applicable with such alterations as
circumstances may render necessary.

35. The fees specified n the Second Schedule shall be
paid to the Secretary for Chinese Affairs for the several
matters to which they are applicable: Provided always that
it shall be lawful for the Governor in Council to make such
alterations therein as shall be deemed advisable.

36. The Secretary for Chinese Affairs may, in any case
where he is satisfied of the poverty of the parties, reduce the
amount of the said fees or even remit them altogether.

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


















37. Chnese persons may be permitted to contract marriage
before the Secretary for Chinese Affairs under this Ordinance
only on proving to his satisfaction-

(a) that both parties were born in the Colony or are per-
manently resident therein; and

(b) that a marriage has aleready been contracted or is about
to be contracted between the parties according to the rites
and customs observed in China; and

(c) that neither of the parties has living an undivorced
husband or wife other than the person with whom she or he
desires to contract marriage under this Ordinance.

Provided always that the Governor shall have power where
the circumstances appear to him to justify his so doing to
grant a special licence under section 11 to any person who
desires to contract a marriage under this Ordinance, and in
such case this Ordinance shall apply to the marriage of the
parties in respect of whom the special licence is granted.

38. Save as is provided by section 37, this Ordinance
shall apply to all marriages where neither of the parties has
living an undivorced husband or wife, except marriages
between persons neither of whom professes the Christian
religion duly celebrated according to the personal law and
religion of the parties.

FIRST SCHEDULE. [s. 34.]

FORM No. 1 [s. 5.]
Notice of Marriage.

To the Secretary for Chinese Affairs of Hongkong.
I hereby give you notice that a marriage is intended to be had,
within three months from the date hereof, between me and the other
party herein named.


Witness my hand this day of 19 .
(Signed) Party giving the notice.

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
































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


FORM No. 2. [s. 8.]

Certificate of Secretary for Chinese Affairs.

I, , Secretary for Chinese Affairs of Hongkong, do
hereby certify that on the day of , 19 , notice
was duly entered in the Marriage Notice Book of the said Colony of
the marriage intended to be had between the parties herein named
and described.



The issue of this certificate
Date of notice entered ,19 . has not been forbidden by
Date of certificate given ,19 . any person authorised to
forbid the issue therof.

Witness my hand this day of ,19

(Signed.) Secretary for Chinese Affairs.

This certificate will be void unless the marriage is solemnized on or
before the day of , 19 .

This certificate was issued by virtue of the Governor's licence dated
the day of ,19 .


FORM No. 3 [s.9.]

Licence to Secretary for Chinese Affairs to issue certificate.
HONGKONG.

The Marriage Ordinance, 1875, section 9.

Whereas on the day of , 19 , notice was
given to the Secretary for Chinese Affairs of a marriage intended to be
had between A.B. and C.D. therein mentioned, and the said A.B.
desires to obtain a licence for the immediate issue of a certificate of
such notice, and has made before the said Secretary for Chinese Affairs
the affidavit required by the marriage Ordinance, I do hereby
authorise the said Secretary for Chinese Affairs to issue the said
certificate, at any time on or after the day of , 19 ,
and within 3 calendar months of the said day of , 19

(Signed.) Governor.

+ The date of the notice.

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

























FORM No. 4. [s.11.]

Special Licence.

HONGKONG.

The Marriage Ordinance, 1875, section: 11

Whereas A.B. and C.D. desire to marry, and sufficient cause has been
shown to me why such marriage should be allowed without the
formalities prescribed by the Marriage Ordinance, 1875: Now, therefore,
in pursuance of the said Ordinance, I do dispense,with the giving of
notice and the issue of the certificate thereby prescribed [or as the case
may be] and do hereby authorise any competent person to celebrate
marriage between the said A.B. and C.D. at [place of celebration] on
the day of 19 between the hours of
o'clock in the forenoon and o'clock in the afternoon.

Given under my hand this day of , 19 .

(Signed.) Governor.


242 No. 7 of 1875. MARRIAGE.


FORM No. 6. [s. 21.]

Declaration.

I, A.B of do hereby declare that I fully understand
that by publicly taking C.D. as my wife [or husband, as the case may
be] in the presence of the Secretary for Chinese Affairs, I shall become
legally married and bound to the said C.D., although no other rite of
a civil or religious nature shall take place, and I also understand that
the effect of my publicly taking the said. C.D. as my wife [or husband,
as the case mqy be] as aforesaid is to create between us a marriage
which cannot be dissolved during our joint lives except by a valid
judgment of divorce, and that if either of us, before the death of the
other, shall contract another marriage while this one remains undis-
solved, he or she will be guilty of bigamy and will be liable to the
punishment for tha offence.

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

Witness, (Signed.) W.X., Secretary for Chinese Affairs.

Interpreted to the said A.B. in the language, in the
presence of

W.X., Secretary for Chinese Affairs.

(Signed.) Y.Z., Interpreter.

SECOND SCHEDULE.

TABLE OF FEES [s. 35.]

Notice of marriage ............................ Nil.
Certificate of notice ....................... 1 dollar.
Search ............................ 1
Certified copy ..................... 1
Certificate of absence of any record for a period
not exceeding 10 years ................. 5 dollars.
The same for period exceeding 10 years ............... 10
Licence to Secretary for Chinese Affairs to issue
his certificate ...................... 10
Special licence ......................... 50
Marriage at the office of the Secretary for Chinese
Affairs ........................ 10



* As amended by Law. Rev. Ord., 1923.
[Originally No. 14 of 1875. Law Rev. Ord., 1924.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form No. 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. First Schedule. Form No. 2. Grant of licence. First Schedule. Form No. 3 Notice void unless marriage within 3 months. Grant of special licence on case of emergency. First Schedule. Form No. 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Secretary for Chinese Affairs for parent or guardian. Right to forbid issue of certificate. Secretary for Chinese Affairs may inquire into right to forbid. Appeal against decision of Secretary for Chinese Affairs. Celebration of marriage in licensed place of of worship. Certificates of marriages. First Schedule. Form No. 5. Marriage before Secretary for Chinese Affairs. First Schedule. Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., miner without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removaing, etc., notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage of Chinese before Secretary for Chinese Affairs. Application of Ordinance.

[Originally No. 14 of 1875. Law Rev. Ord., 1924.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form No. 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. First Schedule. Form No. 2. Grant of licence. First Schedule. Form No. 3 Notice void unless marriage within 3 months. Grant of special licence on case of emergency. First Schedule. Form No. 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Secretary for Chinese Affairs for parent or guardian. Right to forbid issue of certificate. Secretary for Chinese Affairs may inquire into right to forbid. Appeal against decision of Secretary for Chinese Affairs. Celebration of marriage in licensed place of of worship. Certificates of marriages. First Schedule. Form No. 5. Marriage before Secretary for Chinese Affairs. First Schedule. Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., miner without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removaing, etc., notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage of Chinese before Secretary for Chinese Affairs. Application of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1098

CROWN REMEDIES ORDINANCE, 1875

No. 6 of 1875.

An Ordinance to consolidate and amend the laws relating
to the recovery of Crown debts fees, and foreitures.
[18th September, 1875]

1. This Ordinance may be cited as the Crown Remedies
Ordinance, 1875.

2. Whenever any person makes default in payment of
any sum of money due or payable by him to the Crown in
respect of rent, or of any assessment for rates, or of any fees
or forfeitures, or of any instalment thereof, the Treasurer
may recover the same by action in the Supreme Court in its
summary jurisdiction, although the amount claimed exceeds
one thousand dollars.

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


3. The writ of summons in any such action shall be taken
to have been duly served if it appears, to the satisfaction of
the court, that the writ was left at the defendant's residence
or place of business, or, in case the same is, unknown, then
that it was left on the tenement or premises in respect of
which the claim is made.

4.-(1) A certificate purporting to be under the hand of
the Treasurer, and setting forth that the sum claimed is due
or payable to the Crown and that the person sued is liable
to the payment thereof, and specifying the nature and
particulars of the claim, shall be prima facie evidence of the
facts certified therein and of the signature of the Treasurer
thereto.

(2) Such certificate shall be sufficient if made in the form
in the Schedule or to the like effect.

5. In an action for the recovery of Crow, rent, the
certificate shall not be sufficient unless it purports to be
signed by the Land Officer as well as by the Treasurer.

6. In all matters under this Ordinance, the Treasurer
shall sue as Treasurer, but may be represented in the court
by an person whom he may appoint in that behalf.

7. In any case under this Ordinance, the court may award
interest at the rate of eight per cent. per annum on the sum
recovered from the day when the same became due or pay-
able.

8. Nothing in this Ordinance shall affectany other remedy
of the Crown for the recvovery of such sums as aforesaid.

9.-(1) The Treasurer may, with the approval of the
Court, appoint a special bailiff, for the service of process in
proceedings under this Ordinance.

(2) Such special bailiff shall have, in respect of such
proceedings, the like powers, and shall be entitled to recelve
the same fees for the service of process therein, as the bailiff
of the Supreme Court.


SCHEDULE. [s. 4.]

FORM OF TREASURER'S CERTIFICATE.

Nature and particulars of claim for Crown rent.

I, A. B., Coloniao Treasurer of Hongkong, hereby certify that the
several persons whose names are entered in the first column of the
above schedule have made default in the payment of the sums appear-
ing opposite to their respective names in the second column, in respect
of Crown rent, and I, C.D., Land Officer, hereby certify that the
particulars of the above claims for Crown rent against such persons are
truly set forth opposite their respective names in the 3rd, 4th, and 5th
columns.

Dated the day of , 19 .
(Signed.) Treasurer.
(Signed.) Land Officer.

Nature and particulars of claim for police, ighting, wate and
Fire Brigade rates

I, A. B., Colonial Treasurer of Hongkong, hereby certify that the
seveal persons whose names are entered in the first column of the
above schedule have made default in the payment to the Crown of the
sums appearing opposite to their respective names in the second column,
and that the said persons are severally liable to the payment thereof in
respect of the claims, the nature and particulars of which are truly set
forth opposite their respective names in the 3rd, 4th, and 5th columns.

Dated the day of , 19
(Signed.) Treasurer.



















Nature and particulars of claim for spirit licence fees.




I, A.B., Colonial Treasurer of Hongkong, hereby certify that the
several persons whose names are entered in the first column of the
abvoe schedule have made default in the payment to the Crown of the
sums appearing opposite to their respective names in the second column,
and that the said persons are severally liable to the payment thereof in
respect of the claims, the nature and particulars of which are truly set
forth opposite their respective names in the 3rd, 4th, and 5th columns.

Dated the day of , 19 .

(Signed.) Treasurer.
[Originally No. 13 of 1875. Law Rev. Ord., 1924.] Short title. Power to Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Treasurer to be evidence. Schedule. Land Officer to sign in case of Crown rent. Treasurer may appear by any person. Interest. Saving of other remedies. Appointment and powers of special bailiff.

[Originally No. 13 of 1875. Law Rev. Ord., 1924.] Short title. Power to Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Treasurer to be evidence. Schedule. Land Officer to sign in case of Crown rent. Treasurer may appear by any person. Interest. Saving of other remedies. Appointment and powers of special bailiff.

https://oelawhk.lib.hku.hk/items/show/1097

EXTRADITION (HONGKONG) ORDINANCE, 1875

No. 5 of 1875.

An Ordinance to provide for the more convenient adminis-
tration of the Extradition Acts, 1870 and 1873.
[18 th September, 1875.]

WHEREAS by the Act of the Imperial Parliament known as the
Extradition Act, 1870, it is amongst other things enacted that the
said Act, when applied by Order in Council, shall, unless it is
otherwise provided by such Order, extend to every British posses-
sion, but with the following among other modifications, namely,
no warrant of a Secretary of State shall be required, and all
powers vested in or acts authorised or required to be done under
the said Act by the police magistrate and the Secretary of State,
or either of them in relation to the surrender of a fugitive
criminal, may be done by the Governor of the British possession
alone, and any prison in the British possession may be substituted
for a prison in Middlesex; AND WHEREAS by the said Act it is
also enacted that if by any law or Ordinance made before or after
the passing of the said Act, by the legislature of any British
possession, provision is made for carrying into effect, within such
possession, the surrender of fugitive criminals who are in or
suspected of beng in such British possession, Her Majesty may,
by the Order in Council applying the said Act in the case of any
foreign state or by any subsequent order, either suspend the opera-
tion within such British possession of the said At, or any part
therof, so far as it relates to such foreign state, and so long as
such law or Ordinance continues in force there, and no longer,

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


or direct that such law or Ordinance, or any part thereof, shall
have effect in such British possession, with or, without modifica-
tions and alterations, as if it were part of the said Act; AND
WHEREAS by another Act of the Imperial Parliament known as
the Extradition Act, 1873, it is enacted that the said Act shall be
coustruced as one with the Extradition Act, 1870, and that the
said two Acts may be cited, together as the Extradition Acts, 1870
and 1873; AND WHERFAS it is, expedient to provide a more
convenient method of administrating the Extradition Acts, 1870
and 1873, in this Colony:-

1. This Ordinance may be cited as the Extradition (Hong-
kong) Ordinance, 1875.

2. All powers vested in or acts authorised or required to
be done under the Extradition Acts, 1870 and 1873, by the
Secretary of State, in relation to the surrender of a fugitive
criminal, may, in respect of this Colony, be exercised and
done by the Governor.

3. All powers vested in or acts authorised or required to
be done under The Extradition Acts, 1870 and 1873, by the
police magistrate, in relation to the surrender of a fugitive
criminal, may, in respect of this Colony, be exercised and
done by any magistrate.

4. The Gaol shall be a prison for the purposes of this
Ordinance and of the Extradition, Acts, 1870 and 1873.
[Originally No. 11 of 1875. Law Rev. Ord., 1924.] 33 & 34 Vict.c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict.c. 60. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. The Gaol to be prison for extradition.

[Originally No. 11 of 1875. Law Rev. Ord., 1924.] 33 & 34 Vict.c. 52. Order in Council, 20th March, 1877. 36 & 37 Vict.c. 60. Short title. Powers of Secretary of State to be exercised by Governor. Powers of police magistrate to be exercised by magistrates. The Gaol to be prison for extradition.

https://oelawhk.lib.hku.hk/items/show/1096

NAVAL ESTABLISHMENTS POLICE ORDINANCE, 1875

No. 1 of 1875.

An Ordinance for enforcing good order and discipline in
the police force employed in the Royal Naval Establish-
ments.
[18th March, 1875.]

1. This Ordinance may be cited as the Naval Establish-
ments Police Ordinance, 1875.

* As amended by Law Rev. Ord., 1823.



2. The police force employed in the Royal Naval Estab-
lishments shall within the said Establishments have all
the powers, protection, and privileges of officers of police of
corresponding rank, and the Commodore or officer in charge,
of the Royal Naval Establishments on shore may make rules
and regulations for the government of the said force.

3. In case of breach of discipline or neglect of duty by
any member of the said police force, the Commodore or
other officer aforesaid may, on proof thereof, order the
offender to forfeit and pay it fine not exceeding twenty-five
dollars, or order him to be imprisoned in Victoria Gaol for
any term not exceeding seven days, without hard labour,
together with forfeiture of pay; or he may, if he thinks fit,
refer the case to a magistrate, who may deal with it as
provided in section 1.

4. Every member of the said police force who-

(1) is guilty of any neglect or violation of duty in his
office; or

(2) is guilty of any disobedience to the rules or regula-
tions made as aforesaid; or

(3) is guilty of any other misconduct its a member of the
said police force; or

(4) having duly engaged to serve in the said police force,
deserts therefrom; or

(5) being permitted to resign, does not, upon ceasing to
belong to the said force, deliver up all arms, accontrements,
and appointments whatsoever entrusted to him for the
performance of his duty,

shall upon summary conviction before a magistrate be
liable to a fine not exceeding two hundred dollars, or to
imprisonment for any term not exceeding six months to-
gether with forfeiture of pay during such imprisonment.

5. the Commodore or other officer aforesaid shall cuase
all rules and regulations mad eunder this Ordinance to be
forthwith sent to the Governor, to be laid before the
Legislative Council at its next sitting.

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


6. This Ordinance shall extend to the police force em-
ployed on the messuages, land, tenements, hereditaments,
erections, building,s and propety, or any or either of such
messuages, lands, tenements, hereditaments, erections, build-
ings, and property, referred to in the Admiralty (Vesting of
Property) Ordinance, 1863.

[Originally No. 1 of 1875. Law Rev. Ord., 1924.] Short title. Regulations relating to Naval Yard police. Commodore to punish for breach of duty or disciplince, or may prosecute. Punishment by magistrate. Regulations to be liad before Legislative Council. Ordinance to apply to police at other Naval Establishments. Ordinance No. 1 of 1863.

[Originally No. 1 of 1875. Law Rev. Ord., 1924.] Short title. Regulations relating to Naval Yard police. Commodore to punish for breach of duty or disciplince, or may prosecute. Punishment by magistrate. Regulations to be liad before Legislative Council. Ordinance to apply to police at other Naval Establishments. Ordinance No. 1 of 1863.

https://oelawhk.lib.hku.hk/items/show/1095

FOREIGN RECRUITING ORDINANCE, 1874

No. 1 of 1874.

An Ordinance to control recruiting for the service of foreign
states.
[16th Novemeber, 1874.]

WHEREAS it is expedient that the Governor should exercise full
control over recruiting in this Colony for the service of foreign
states:-

1. This Ordinance may be cited as the Foreign Recruiting
Ordinance, 1874.

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


2. In this Ordinance, foreign state includes any peson
exercising or assuming to exercise the powers of government
in or over any country, colony, province, or people beyond
the limits of this Colony.

3. If any person is, within this Colony, obtaining or
attempting to obtain recruits for the service of any foreign
state in any capacity, the governor may, by order, either
prohibit such person from so doing or permit him to do so
subject to any conditions which he thinks fit to impose.

4. The Governor may by gneral order notified in the
Gazette, either prohibit recuiting for the service of any
foreign state or mpose upon such recruiting any conditions
which he tinks fit.
[s. 5, rep. No. 62 of 1911.]

6. Every person who, in violation of the prohibiiton of the
Governor or of any condition subject to which permission to
recruit may have been accorded,-

(1) induces or attempts to induce any person to accept or
agree to accept, or to proceed to any place with a view to
obtainng, any commission or employment in the service of
any foreign state; or

(2) knowingly aids in the engagement of any person so
induced, by forwarding or conveying him or by advancing
money or in any other way whatever,

shall be liable to imprisonment for any term not exceeding
seven years, and to a fine of such amount as the court thinks
fit.
[s.7, rep. No. 62 of 1911.]
[Originally No. 7 of 1874. Law Rev. Ord., 1924.] Short title. Interpretation. Powers as to recruiting individuals. Power as to recruiting generally. Punishment of offences.

[Originally No. 7 of 1874. Law Rev. Ord., 1924.] Short title. Interpretation. Powers as to recruiting individuals. Power as to recruiting generally. Punishment of offences.

https://oelawhk.lib.hku.hk/items/show/1094

SUPREME COURT (SUMMARY JURISDICTION) ORDINANCE, 1873

No. 4 of 1873.

An Ordinance to abolish the Court of Summary Juris-
diction, and to confer upon the Supreme Court a
summary jurisdiction at law and in equity.
[13th October, 1873.]


[Preamble, rep. No. 62 of 1911.]

* As amended by No. 21 of, 1922.
+ As amended by Law Rev. Ord., 1923.


1. This Ordinance may be cited as the Supreme Court
(Summary Jurisdiction) Ordinance, 1873.

2. In this Ordinance,

(a) Bailiff means the officer appointed to execute the
process of the Supreme Court in is summary jurisdiction.

(b) The judge means the presiding judge.

(c) Original jurisdiction means the jurisdiction of the
Supreme Court on the trial of causes under the Code of
Civil Procedure.

(d) The Original Jurisdiction Register means the
Cause-Book kept under the Codeof Civil Procedure.

(e) The REgister of Civil Action, Summary Jurisdic-
tion means the register of actions established under this
Ordinance.

(f) The Registrar means the Registrar of the Supreme
Court.

(g) The Supreme Court or The court includes the
Chief Justice or any other judge sitting in court or in
chambers.

3. The Court of Summary Jurisdiction heretofore estab-
lished is abolished, and its seal and all the records thereof
shall be deposited for custody in the supreme Court.

[s. 4, rep. No. 62 of 1911.]

5. It shall be lawful for the Supreme Court to exercise a
summary jurisdiction at law and in equity in the actions or
matters hereinafter mentioned.

6. the Supreme Court shll have and use, as occasion
may require, an additional seal bearing a device and im-
pression of the Royal Arms within an exergue or label
surrounding the same with the inscription, Supreme Court
of Hongkong, summary Jurisdiction; and every writ or
other process issued by the Supreme Court in its summary
jurisdiction shall be stamped with such seal.

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






























7. It shall be lawful for the Supreme Court to exercise a
summary jurisdiciton at law in all actions where the claim,
debt, or damages sought to be recovered does or do not
exceed the sum of one thousand dollars, and in all actions
for the recovery of the possession of tenements where the
annual rent or value theeof does not exceed that amount.

8. All actions for sums not exceeding one thousand
dollars shall be commenced within three years next after the
cause of actionaccrues unles there has been some contract,
acknowledgment, undertaking, or promise to pay in respect
thereof by the party to be charged within three years before
the commencement of such action.

9. No person shall be precluded or exempted from suing
or being sued for any debt or damages not exceeding one
thousand dollars by reason of his not having attained the full
age of twenty-one years, or by reason of coverture where the
husband is not resident in the Colony.

10. No cause of action which exists at any one time
amounting in the whole to a sum exceeding one thousand
dollars as aforesaid shall be split or divided so as to be made
the ground of two or more different actions in order to bring
such cases within the sumamry jurisdiction of the court, but
if the court fnds that the plaintiff in any case has split his
cause of action as aforesaid, the court shall dismiss the action,
without prejudice, however, to the plaintiff's right to use
upon the casuse of action in such other manner as he may be
advised: Provided that if such plaintiff is satisfied to recover
a sum not exceeding one thousand dollars, then the court
shall and may entertain the action of such plaintiff, and in
case any order is made in favour of such plaintiff, the same
shall be expressed to be, and shall be, in full discharge of
the whole cause of action.

11. Whenever a cause of action under any contract entered
into in relation to any department of the public service, in
which the sum sought to be recovered does not exceed one
thousand dollars, accrues to the Crown against any person,
or whenever any person has a claim against the Crown under
any such contract, the chief officer of such department may
sue and be sued on behalf of the government in respect of




















such cause of action or claim in and by his official capacity
and designation: Provided always that no such action shall
be commenced without the consent of the Attorney General,
and that nothing herein contained shall affect any other
remedy in respect of such cause of action or claim.

12. It sahll be lawful for the Supreme Court to exercise a
summary jurisdiction in equity in the actions or matters
hereinafter mentioned; that is to say:-

(1) in all actions by creditors, legatees, (whether specific,
pecuniary, or residuary), devisees, or next of kin, in which
the personal estate against or for an account or administra-
tion of which the demand is made does not exceed in amount
or value the sum of one thousand dolalrs;

(2) in all actions for the execution of trusts, in which the
trust estate or fund does not exced in amount or value the
sum of one thousand dollars;

(3) in all actions for foreclosure or redemption or for
enforcing any charge or lien, where the mortgage, charge,
or lien does not exceed in amount the sum of one thousand
dollars;

(4) in all actions for the specific performance, or for the
re-forming, delivering up, or cancelling, of any agreement for
the sale, purchase, or lease of any property,where, in the
case of a sale or purchase, the purchase money, or, in the
case of a lease, the value of the property, does not exceed the
sum of one thousand dollars;

(5) in alol actions for the dissoulution or winding-up of any
partnership, in which the whole property, stock, and credits
of the partnership do not exceed in amount or value the sum
of the one thousand dollars;

(6) in all proceedings for orders in the nature of injunc-
tions, where the same are requisite for grantng relief in
any matter in which equitable jurisdiction is given to the
court by this Ordinance:

Provided always, that, on the day of trial specified in the
writ of summons, the judge may make a prelimiary inquiry
into the claim, and, if satisfied that the case is within the
provisions of this section, may ake such orders and give

























such directions with respect to the filing of pleadings and
any other matters as he may deem necessary for the propert
adjudication of the action.

Procedure.

13.-(1) the Registrar shall keep or cause to be kept
a book called the Register of Civil Actions, Sumamry
Jurisdiction, which shall be in the form in the Schedule
or as near thereto as circumstances permit, and shall contain
the enteries specified in the said form.

(2) Every action or proceeding, however instituted, shall
be numbered in each year according to the order in which
the same is commenced.

14. Every action under this Ordinance shall be com-
menced by a writ of summons in the form prescribed by the
Code of Civil Procedure for actions instituted thereunder,
except that every such writ shall be entitled In the
Supreme Court of Hongkong, Summary Jurisdiction, and
shall specify the day of trial, and shall have indorsed
thereon full particulars of the plaintiff's claim.

15. it shall not be necessary for the defendant to enter
an appearance to the writ of summons, but after service there-
of the action shall be tried and determined in a summary
way without pleadings: Provided always that the judge may
order the plaintiff to file, within such time as he may direct,
a written statement of his claim, and may likewise order the
defendant, within such time as aforesaid, to file a written
statement of his defence, and may permit any defence on
equitable grounds.

16. The judge may, in any proceeding before the court,
frame issues of law and of fact for the better trial and deter-
mination of the cause.

17. It shall be lawful for the judge, on such grounds as
he may think sufficien, to review any judgment or decision
given by him, within one month from the date thereof (except
where either party has obtained leave to appeal and the
parties do not agree to the withdrawal of the appeal, and

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






























on such review to re-open and re-try the case, wholly or in
part, and to take fresh evidence, and to reverse, vary, or con-
firm his previous judgment or decision.

18. Except by consent or leave of the court, no cause or
matter in the summary jurisdiction of the court shall be set
down for trial or hearing before at least three clear days from
the service of the writ of summons, and, except by the like
consent or leave, it shall not be competent to the defendant
to enter into any equitable defence or into any special
defence, such as set-off, illegality, want of consideration, or
the statute of limitatios, unless, at least twenty-four hours
written notice thereof has been first given to the plaintiff or
his solicitor or counsel.

19.-(1) No action or other proceeding in the summary
jurisdiction of the court shall be treated or considered as
invalid, or subject to be set aside, on account of any verbal
or technical error; but all errors and mistakes may in all
cases be amended or altered by the court.

(2) Unless the court otherwise directs, all applications to
the court or in chambers which may be necessary in the
course of any such action or proceeding may be make verbally
and without any preliminary formality.

20.-(1) In every cause or matter if the court is satisfied
that any party who is not represented bya solicitor or counsel
is prevented by good cause from attending in person, the
court may permit any relative, friend, or agent of such party,
who satisfies the court that he has authority in that behalf,
to appear on his behalf.

(2) If such authority is in writing, it shall not be liable to
stamp duty.

21. The court may, on the application of either party,
order that a common or special jury consisting of three per-
sons be empanelled for the trial of any cause.

22. The court may allow such reasonable sum of money
for the attendance and loss of time of parties and withnesses
as it may think fit, and the same may be recovered as costs
in the cause.
























23. In the execution of a judgment or order the bailiff
shall in the first instance, if practicable, levy on the goods,
chattels, and effects of the party against whom it is made,
and in the efent of hisnot being able to find sufficient goods,
chattels, or effects, and of the said party failing to point out
to his notice any property whereon to levy, the bailiff hsall
enforece the judgment or order by personal arrest and impris-
onment.

24. No execution awarded against the goods of any party
shall extend or be construed to extend to deprive any land-
lord of the power vested in him by the Act 8 Anne. c. 18, or
any enactment relating to the recovery of rent.

25. If any claim is made to or in respect of any goods or
chattels taken in execution under the process of the court, or
in respect of the proceeds or value thereof, by any landlord
for rent or by any person not beng the party against whom
such process has issued, it shall be lawful for the Registrar,
on the application of the officer charged with the execution
of such process, as well before as after any action brought
agsinst such officer, to issue a summons calling before the
court as well the party issuing such process as the party
making such claim, and thereupon the court shall adjudicate
on such claim and make such order between the parties in
respect thereof, and of the costs of the proceedings, as to if
may seem fit, and such order shall be enforced on like manner
as any order made in an action under this Ordinance.

26. The provisions of the Code of Civil Procedure shall
be applied, mutatis mutandis, to actions brought under this
Ordinance so far as the same can be made applicable thereto
unless the court in any case, for the avoiding of delay or
in furtherance of substantial justice, thinks fit otherwise
to direct, and except where the said provisions may, in the
opinion of the court, be unsuitable or may conflict or be
inconsistent with any provisions of this Ordinance.

[s. 27, rep. No. 7 of 1902 and No. 13 of 1911.]

* 8 Anne. c. 18 is equivalent to the 8 Anne. c. 14 of
Ruffhead's edition.





















28. In case the court is of opinion that, notwithstanding
the provisions of this Ordinance, an action commenced in its
summary jurisdiction ought to be tried in its original
jurisdiction, the court may order that the entry of such
action in the REgister of Civil Actions, Summary Jurisdiction,
be transferred to the Original Jurisdiction Register.

29. In case the court is of opinion that an action com-
menced in its original jurisdiction ought to have been com-
menced in its summary jurisdiction, or in case the plaintiff's
claim is reduced by payment, an admitted set-off, or otherwise
to a sum not exceeding one thousand dollars and the action
is in other respects within the summary jurisdiction, the
court may order that the entry of such action in the Original
Jurisdiction Register be transferred to the Register of Civil
Actions, Summary Jurisdiction.

30.-(1) It shall not be necessary on the transfer of an
action for the plaintiff to issue a new writ, but the Registrar
shall indorse on the same writ a memorandum that the action
has been transferred by order of the court.

(2) The action shall then be carried on as if it had been
commenced in the jurisdiction of the court to which it has
been so transferred, and the court may make any special
orders in respect of any aaction so transferred which it may
deem necessary or expedient for carrying out the provisions
of sections 28 and 29.

31. No costs shall be allowed to a successful plaintiff in
any action brought by him in the original jurisdiction of the
court which might have been tried in its summary jurisdic-
tion, unless the action has been so brought by leve of the
court or the court is of opinion at the trial that the action
was one which it was expedient to bring in such manner.

32. All questions relating to fees and costs shall be
determined by the Registrar, subject to a review on summary
application to the court in chambers; and the amount allowed
on such taxation or review shall be recoverable as a judgment
debt.

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



























33. In all proceedings before the court in its summary
jurisdiciton solicitors may practise as advocates.

34.-(1) A Puisne Judge shall, as a general rule, preside
at the trial of all actions in summary jurisdiciton.

(2) In case either party to an action is dissatisfied with his
decision of any question of fact or of law arising in the case,
he may, within seven days from the date of the judgment,
apply to the full Court for leave to appeal, and the Full Court
may grant leave to appeal on such terms as to notice and
other matters as it may think fit: Provided always that the
Full Court may extend the time for such application, either
before or after the expiration thereof.

35. Where the appeal is from the decision of a question
of fact, the Full Court may deal with the case solely upon
the evidence originally taken or may re-examine any witness
or may admit further evidence.

36. Where the appeal is from a ruling or judgment on a
question of law or on matter of discretion only, it shall be
heard upon a case to be stated by the parties ( and, in the
event of any difference, to be settled by the Full Court), in
which case shall be set forth so much of the pleadings, if
any, the evidence, and the ruling or judgment objected to as
may be necessary to raise the question for the decision of the
Full Court.

37. The Full Court shallhave power on every appeal,
whether on a question of fact, or of law or of discretion, to
try the case de now.

38. the court may stay execution on the application of
the appellant for such time and on such terms, if any, as to
security or otherwise, as it may deem just.

39. The sittings of the court shall take place on such days
as may be fixed by the court.

40. Until forms are prescribed for use under this Ordi-
nance by any general rule or order of the Supreme Court,
and so far as the same may be incomplete, all forms from
time to time in use in the Supreme Court or in the Court of


























Sumamry Jurisdiction, or forms to the like effect, with such
variations and additions as circumstances require, may be
used for the purpose of carrying out the provisions of this
Ordinance, and shall (as regards the form thereof) be valid
and sufficient.


SCHEDULE. [s.13.]

REGISTER OF CIVIL ACTIONS, SUMMARY JURISDICTION.

SUPREME COURT, SUMMARY JURISDICTION.

Register of actions in the Year 19

[Originally No. 14 of 1873. Law Rev. Ord., 1924.] Short title. Interpretation. Ordinance No. 3 of 1901. Abolition of Court of Summary Jurisdiction. Summary jurisdiction of Supreme Court. Additional seal. Summary jurisdiction in respect of legal claims. Limitations of actions. Infacy or covertue no bar to right to sue or liability to be sued. Prohibition of splitting claims. Actions under $1,000 by and against the Crown. Summary jurisdiction in respect of equitable claims. Register of Civil Actions. Schedule. Commencement of action by writ of summons. Ordinance No. 3 of 1901. Summary trial of action. Framing of issues. Review of judgment. Notice of action and of special defence. Proceedings not to be set aside for want of form. Attendance or representation of parties. Trial by jury. Compensation to parties and witnesses. Levy of execution. Right to distrain not prejudiced. [cf. No. 1 of 1883.] Interpleador by bailiff. Application of Ordinance No. 3 of 1901. Transfer of action to original jurisdiction. Transfer of action to summary jurisdiction. Procedure on transfer; special orders. Deprivation of costs in certain case where summary action brought in original jurisdiction. Taxation of fees and costs. Appearance of solicitors. Judge in summary jurisdiction; appeal from his decision. Appeal on question of fact. Appeal on question of law or on matter of discretion. Powers of Full Court on appeal. Stay of execution. Sittings of court. Application of present forms.