NATURALIZATION FEES ORDINANCE, 1898

ORDINANCE No. 7 OF1898

Naturalization Fees

AN ORDINANCE to authorize the imposition of fees for hte
naturalization of aliens naturalized as british subjects in
this colony.
[17th september , 1898]
Be it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof , as follows:-
this ordinance may be cited as the naturalizatin fees or-
dinance , 1898.
2-(1) it shall be lawful for hte Governor-in-Council to fix and
declare the fees which shall be paid for hte naturalizatio as a british
subject within the limits of this colony of an alien applying to be so
naturalized,
(2) the order-in-council fixing such fees hsall be published in the
gasette , adn the scale of fees may be varied from time to time by order
of the Governor-in-Council published as aforsaed .
(3) unless and until some other fee is fixed and declared by order-
in-council , the fee of two hundred and fifty dollars at present charged
shall continue to be the fee payable .
3.All fees heretofore charged and paid into the colonial treasury
in respect fo ordinance of naturalization before the commencement
of this ordinance shall be deemed to have been legally charged and
received .
A.D. 1898. Ordinance No. 21 of 1898. Short title.
Fixing of fees for naturalization of aliens.
Legalization of fees for naturalization heretofore paid.

A.D. 1898. Ordinance No. 21 of 1898. Short title.
Fixing of fees for naturalization of aliens.
Legalization of fees for naturalization heretofore paid.

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TRADE MARKS ORDINANCE, 1898

ORDINANCE NO. 6 OF 1898.

Trade Marks

AN ORDINANCE TO amend the law relating to the regis-
tration fo trade marks
[22nd august , 1898.]
whereas the persons entitled to the benefit and protection of the
law in force in this colony relating to fraudulent marks as
applied to merchandise are , in many cases , resident in places situated at
a distance from this colony, and , by reason thereof , the proof of trade
marks, and of the right to the exlusive use thereof in legal proceedigns
under such law, is attended wihthg difficulty , delay , and expense; and
whereas it is expedient to amend the law providing for the registration
of trade marks in this colony:
be it therefore enacted by the governor of hongkong ,with the advice
and consent of the legislative council thereof , as follows:-
1. this ordinance may be cited as the trade marks ordinance , 1898.
2-(1) there shall be kept a book in this colony , to be
called the register of trade marks, wherein shall be entered the names
and addresses of proprietors of trade marks registered in this colony,
notifications of assignments and of transmissions of trade marks, and
such other matters as the governor may from time to time prescribe .
(2) the register shall be kept as hereto fore in office of the
colonial secretary , unless and until the governor , by notification in
the gazette , appoints any other place ofr the keeping thereof .
(3) the register of trade marks kept under any enactment in force
before the commencement of this ordinance shall be deemed part of the
register kept under this ordinance .
3-(1) for the purposes of this ordinance,trade mark must con-
sist of or contain at least one of the following essential particular:-
(a) a name of an individual or firm printed , impressed , or woven in
some particular and distinctive manner ; or
(b) a written signature or copy of a written sigature of the indi-
vidual or firm applying for registration thereof as a trade mark; or
(c) a distinctive device , mark, brand , heading , label , or ticket ; or
(d) an inveted word or invented words;or
(e) a word or words having no reference to the character or quality
of the goods, and not being a geographical name .
(2) there may be added to any one or more of the essential particu-
lars mentioned in this section any letters , words or figures, or combina-
tion of letters, words , orfigures, or of any of them , but the application
the essential particulars of the trade mark, and must disclaim in his
application any right to the exclusive use of the added matter , and a
copy of the statement and disclaimer shall be entered on the register.
(3)provided as follows:-
(a) a perosn need not under this section disclaim his own name, or
the foreign equivalent thereof , or his place of business, but no
entry of any such name shall affect the right of any owner of the
same name to use that name or the foreign equivalent thereof,
and
(b) any special and distinctive word or words , letter, figure, or com-
bination of letters or figures or of letters nad figures, used as a
trade mark before the 13th day of August , 1875, may be regis-
tered as a trade mark under this ordinance, if it is already regis-
tered in england.
4.Any person claiming the right to the ecclusive use of any trade
mark, either solely or jointly with others may apply to the Governor
for leave to register the same in the Register of Trade Marks.
5.Every such application shall be made to the Governor in the Form
No.1 in the Schedule to this Ordinance and shall be accompanied by
a facsismile or specimen of the trade mark sought to be registered and
an additional specimen on a seperate paper and also by a statutory
declaration in the Form No.2 in the said Schedule or an affidavit to the
unless notice by advertisement of such application shall not be granted
been inseted by the applicant at least once a month in the Gasette and
in one month or more of the daily newspaper of the Colony for a period of a
least three months before the granting thereof. Such advertisement
shall be in the Form No.3 in the said Schedule.
6.On compliance with the formalitties prescribed by this Ordinance
and by any rules thereunder for the time being in force including pay-
ment of the prescribed fees it shall be lawful for the Governor if he in
his discretion think fit, to grant the application and to order the regis-
tration of the said trade mark in the register of trade marks and the
filing in connexion therewith os all affidavits, statutory declaraitions
and such other documents as may be directed to be filed:
provided that the governor , unless satisfied that two or more parties
are entitled to be registered as proprietors of the same trade mark,shall
not register, in respect of the same goods or description of goods , a trade
mark identical with one already on the register, with respect to such goods
or description of goods as to be calculated in his opinion to deceive.
7. notice of the registration of a trade mark under this ordinance
shall be published by the colonial scretary in the gazette, and the
register of trade marks shall be open to public inspection , at all
reasonable times,on paymment of such fee as may be fixed manner
hereinafter mentioned.
8. it shall be lawful for goveronr-in-counil from time to time to
make rules for regulating the practice wiht regard to registration under
this ordinance and matters incidental thereto , and for the classification
of goods wiht regard to trade marks, and generally for the carrying out
of the provisons of this ordinance ,and to fix and vary a scale of fees
payable in respect of applications and registration and opposition thereto,
and of other matters incidental thereto or provided for by this ordinance
or any rules thereunder.
9. from and after the registration of a trade mark , all entries in the
register of trade marks and all documents filed under this ordinance.
or an office copy of any such document or of any entry in the register
certified under the hand of the colonial secretary , shalll be admitted in
all legal proceedings whatever , civil or criminal , as prima facie evidence
of the truth and correctness of the contents thereof respectively , and of
the right therein appearing of the declarant , deponent, applicant, or
propietor , solely or jointly with others , as the case may be , to the
exclusive use of the trade mark therein referred to.
10. a trade mark , when registered, shall be assigned and transmitted
only in connexion with the good-will of the business concerned in the
particular goods or classes of goods for which it has been registered, and
shall be determinable with that good-will.
11-(1) when a person claiming to be the proprietor of sveral trade
marks which , while resembling each other in the material particulars
thereof , yet differ in respect of -
(a) the statement of the goods for which they are respectively
(b) the statement of number ; or
(c) the statement of price; or
(d) the statement of quality ; or
(e) the statement of names of places ,
seeks to register such marks , they may be registered as a series in
one registration.
(2) a series of trade marks shall be assignable and transmissble only
as a whole , but for all other purposes each of the trad marks composing
a series shall be deemed and treated as registered separately .
12. any trade mark may hereafter be removed by the colonial sec-
retary from the register of trade marks after the expriation of each
period of fourteen years from the date of its first registraion , subject to
the following provisions:-
(1) where ht etrade mark has been registered before the commence-
ment of this ordinance , it shall not be removed from the register
on account of the lapse of fourteen years or more from registration,
unless notice , by registereed letter , has been sent to the registered
proprietor that fourteen years or more have expired since the regis-
tration of the trade mark , and that he is required to pay the
prescribed fee within six months from the date such notice ,
failing which the trade mark will be removed from the register.
if such fee is not paid in accordance with such notice, the trade
mark may be so removed;
(2) where the trade mark is registered after the commencement of
this ordinance, it shall not be removed from the register on account of the lapse of fourteen years from registration , unless notice ,be
registered letter , has been sent to the registered proprietor that
fourteen years have expired since the registration of the trade mark
and that he is required to pay the prescribed fee within four
months from the date of such notice, the trade mark may be so removed
will be removed from the register. if such fee is not paid to
accordance with such notice , the trade mark may be so removed ;
(3) where the prescribed fee has not been paid in the time specified
in the notice , and the trade mark has accordingly been removed
from the register, the governor may , if satisfied that it is just to
do so , restore the said trade mark to the register on payment of
double the amount of the said prescribed fee;and
(4) where a trade mark has been removed from the register for non-
payment of the fee or otherwis , such trade mark shall nevertheless,
for the purpose of any applicaion for registration during one year
next after the date of such removal , be deemed to be a trade mark
which is already registered , unless the governor otherwise directs.
13. it shall be lawful for the gover-in-council , at any time and
on such grounds as he may think sufficient, to cancel the registration of
any trade mark under this ordinance.
14. a trade mark must be registered for particular goods or classes
of goods .
15. a trade mark may be registered in any colour or colours ,and
such registration shall (subject to the provisions of this ordinance)
confer on the registered owner the exclusive right to use the same is
that or any other colour or colours .
SCHEDULE.
FORMS.
FORM NO.1.
Application for registration of trade mark.
THE TRADE MARKS ORDINANCE , 1898.
Application for registration of trade mark.
to his excellency the governor of hongkong. your excellency is hereby respectfully asked to permit and direct the
registration in the register of trade marks of the accompany trade
mark in class in respect of (a)
in the name of (b)
who claims to be the proprieto thereof (c)
the essential particulars of the trade mark ar the following (d)
and disclaim any right to the exclusive use of the added matter.
dated the day of 1
(signed) (e)
FORM NO. 2.
Statutory declaration
I, A. B. of do solemnly and sincerely declare as
follows:-
1. to the best my knowledge and belief I (1) have the right to the
exclsive use fo the trade mark hereunto annexed and referred to in my
application dated the day of 1.
2. such trade mark has been use by me [or by my firm of , or
as hte case may be ] in respect of the goosds mentioned in my application since
(2) [or]
2.(a)* such trade mark has not hitherto been used by me [or by my firm
o f , or as hte case may be ] in respect of the goods mentioned
in my application , but it is my [or their ] intention so to use it forthwith .
3.to the best of my knowledge and belief , the said trade mark has (3)
been registered in england [in the name of ] (4)
and i make this solemn declaration consientiously believing the same to
be true and by virtue of the provisions of the statutory declarations
act, 1835.(5)
(signed .)
A,B.
declared at
the day of 1.
before me ,
note -when the declaration is made by a person who does not understand the english
language , the requirements of the statutory declarations ordinance, 1893, must
be complied with , where teh declaration is made in hongkong , and if made she
where a proper clause must be added .
FORM NO. 3.
advertisement .
THE TRADE MARKS ORDINANCE, 1898.
NOTICE IS HEREBY GIVEN THAT (a)
has , on the day of 1 , applied for the registration
in hongkong in the register of trade marks of the following trade
mark (b)
in the name of (c)
who claim to be the sole proprietor thereof , [or as the case may be ]
the trade mark has been used by the applicant, [or, if not yet used,
substitute the words following:-
the trade mark is intended to be used by the applicant forthwith , ] in
respect of the following goods (d) in class (e)
(f) a fasimile of the trade mark can be seen at the office of the colonial
secretary fo hongkong [and also at (g) ]
dated the day fo 1.
signature fo applicant or his agent duly authorized.
[adding ]on behalf of [ applicant, as ht ecase may be ]
A.D. 1898. Ordinance No. 18 of 1898. Short title. Keeping of Register of Trade Marks. 46 & 47 Vict.c. 57 s. 78. Conditions of registration of trade mark. 51 & 52 Vict.c. 50 s. 10. Application for leave to register trade mark. 46 & 47 Vict.c. 57 s. 62. Mode of application. Ib.ss. 62, 68. Schedule: Form No. 1; Form No. 2; Form No. 3. Order for registration and filing of documents. Ib.ss. 62, 72; 51 & 52 Vict.c. 50 s. 14. Notice of registration. Making of rules and fixing of scale of fees. 46 & 47 Vict.c. 57 s. 80. Effect as evidence of entries in Register, etc. 46 & 47 Vict.c. 57 s. 76. Assignment and transmission of trade mark. Ib.s.70. Registration of series of trade marks. Ib.s.66. Removal of trade mark from Register after 14 years, unless fee paid. Ib.s.79. Power to cancel registration. Connexion of trade mark with goods. 46 & 47 Vict.c. 57 s. 65. Trade mark may be registered in any colour. Ib.s.67. Section 5. (a.) Only goods contained in one and the same class should be set out here. A separate application is required for each separate class. (b.) Insertlegibly the full name, address, and description of the individual, firm, or company. Add trading style, if any, and, if there are more partners than one in the firm, state the names of all the partners. (c.) In case of a firm or company, alter to 'claim to be the proprietors thereof.' (d.) See Section 3 of the Ordinance. (e.) To be signed by the applicant or by an agent duly authorized. Section 5. (1.) Insert: I, solely, or I, jointly with A.B. or the company, as the case may be. (2.) Insert time when use commenced. *2 or 2(a.) to be used according to the circumstances. (3.) If not insert the word 'not.' (4.) Add the name, if registered. and for what classes of goods. (5.) This paragraph is not required when the declaration is made neither in the United Kingdom nor in Hongkong.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.

A.D. 1898. Ordinance No. 18 of 1898. Short title. Keeping of Register of Trade Marks. 46 & 47 Vict.c. 57 s. 78. Conditions of registration of trade mark. 51 & 52 Vict.c. 50 s. 10. Application for leave to register trade mark. 46 & 47 Vict.c. 57 s. 62. Mode of application. Ib.ss. 62, 68. Schedule: Form No. 1; Form No. 2; Form No. 3. Order for registration and filing of documents. Ib.ss. 62, 72; 51 & 52 Vict.c. 50 s. 14. Notice of registration. Making of rules and fixing of scale of fees. 46 & 47 Vict.c. 57 s. 80. Effect as evidence of entries in Register, etc. 46 & 47 Vict.c. 57 s. 76. Assignment and transmission of trade mark. Ib.s.70. Registration of series of trade marks. Ib.s.66. Removal of trade mark from Register after 14 years, unless fee paid. Ib.s.79. Power to cancel registration. Connexion of trade mark with goods. 46 & 47 Vict.c. 57 s. 65. Trade mark may be registered in any colour. Ib.s.67. Section 5. (a.) Only goods contained in one and the same class should be set out here. A separate application is required for each separate class. (b.) Insertlegibly the full name, address, and description of the individual, firm, or company. Add trading style, if any, and, if there are more partners than one in the firm, state the names of all the partners. (c.) In case of a firm or company, alter to 'claim to be the proprietors thereof.' (d.) See Section 3 of the Ordinance. (e.) To be signed by the applicant or by an agent duly authorized. Section 5. (1.) Insert: I, solely, or I, jointly with A.B. or the company, as the case may be. (2.) Insert time when use commenced. *2 or 2(a.) to be used according to the circumstances. (3.) If not insert the word 'not.' (4.) Add the name, if registered. and for what classes of goods. (5.) This paragraph is not required when the declaration is made neither in the United Kingdom nor in Hongkong.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.

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SUPREME COURT (VACATIONS) ORDINANCE, 1898

ORDINANCE NO. 5 OF 1898.

Supreme Court (Vacations)

AN ORDINANCE for the establishment and regulation of
vacations in the supreme court .
[1st December, 1898.]
be it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof , as follows:-
1. This Ordinance may be cited as the Supreme Court (Vacations)
Ordinance, 1898.
2. In this ordinance, unless the context otherwise requires, 'public
holidays' mean the days appointed as public holidays by section 2 of
the public holidays ordinance , 1875, and include all other days
appointed form time to time by the governor to be observed as public
holidays.
3. the following vacations shall be observed in each year in the
supreme court and the offices connected therewith, namely, the long
vaction, the christmas vacation , the chinese new year vacation, and
the easter vaction.
4-(1) the long vacation shall commence on the 20th day of
September and terminate on the 17th day of october . the christmas
vacation shall commence on the 24th day of December and terminate
on the 1st day of such new year. the easter vacation shall commence
on good friday and terminate on the thursday in easter week.
(2) the days of the commencement and termination of each vaction
shall be included in such vaction.
5. the supreme court and the offices connected therewiht shall be
open during vacation ( except on public holidays) for the purpose of
holding the ordinary criminal sessions and any special criminal
sessions and the transaction of all business incidental thereot , and also
for the purpose of issuing writs and of transacting any business under
the provisioos of next suceeding during section.
6. the court shall during vacation hear and determine all such appli-
cations as may require to be immediately or promptly heard , and all
applicaions for summary juudgment under the provisons of the code of
civil procedue for the time being in force , and all actions or matters in the summary jurisdiction of the court : provided always that the
hearing of any action or matter in the summary jurisdiction of the
court may be adjourned over vacation, on reasonable cause being shown,
to the satisfaction of the court .
7. every act , matter, or thing done in vacation , in pursuance of this
ordinance , shall be as valid to all intents and purposes as if done out of
vacation.
8. no pleading shall be filed during vacatio , except by order of a
judge under special circumstances.
9. where by any act , ordinance , or rule of court regulating civil
procedure , or by any special order of the court, any limited time , not
exceeding one month , is appointed or allowed for the doing of any act
or the taking of any proceeding , no days included in a vacation shall be
reckoned in the computation of such time , unless the court otherwise
directs.
10. during vacation , there shall be at least one judge in the colony,
and the offices of the supreme court shall be open daily , except on
public holidays , for such time as the court may direct.
11. the periods of vacation may be varied from time to time , and
provision may be made for the conduct fo the business of the court
during vacation , by general rules or orders of court to be made by
the chief justice, subject to the revision and approval of the legislative
council , and published in the gazette , in the manner prescribed by the
Supreme Court Ordinance , 1873.
A.D. 1898. Ordinance No. 16 of 1898. Short title. Interpretation of terms. No. 2 of 1875. Vacations in the Supreme Court and its Offices. Commencement and termination of vacations. Opening of the Supreme Court and its Offices in vacation for certain purposes. Hearing in vacation of certain applications and actions. See Ordinance No. 3 of 1901. Validity of act done in vacation.
Filing of pleading in vacation.
Vacation not included in computation of time.
Vacation Judges and Office hours.
Power to vary periods of vacation and regulate vacation business.
No. 3 of 1873.

A.D. 1898. Ordinance No. 16 of 1898. Short title. Interpretation of terms. No. 2 of 1875. Vacations in the Supreme Court and its Offices. Commencement and termination of vacations. Opening of the Supreme Court and its Offices in vacation for certain purposes. Hearing in vacation of certain applications and actions. See Ordinance No. 3 of 1901. Validity of act done in vacation.
Filing of pleading in vacation.
Vacation not included in computation of time.
Vacation Judges and Office hours.
Power to vary periods of vacation and regulate vacation business.
No. 3 of 1873.

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QUEEN'S RECREATION GROUND ORDINANCE, 1898

ORDINANCE NO. 4 OF 1898.

Queen's Recreation Ground

AN ORDINANCE to provide for the reservation of certain
the making of regulations as to its use.
[20th August, 1898.]
be it enacted by the governor of hongkong , with the advice and
consent of the legislative council thereof , as follows:-
1. this ordinance may be cited as the queen's recreation ground
ordinance, 1898.
2-(1) the piece of crown land situate at causeway bay in this
colony, delineated and shown upon a plan marked the queen's
recreation ground , signed by the director public works and coun-
tersigned by the governor and deposited in the land office of this
colony, shall be henceforth reserved as an open space and be appre-
priated for the purposes of public recreation and shalll be known as ' the
queen's recreation ground :' provided taht if at any time hereafter
it appears to the governor that it is necessary or desirable , in the
interests either of the imperial government or of the government of
this colony, that such land should bere-appropriated , it shall be law-
ful for the governor to re-appropriate such land and to use it or allow
its use for other purposes.
3-(1) it shall be lawful for the governor-in-council from time to
time to make such regulations as he may deem expedient for the main-
tenance of good order in the queen's recreation ground and for the
preservation , management, use, and enjoyment thereof, and to annex to
the breach of any such regulations penalties not exceeding twenty-five
dollars in each case.
(2) any such penalty may be sued for and recovered summarily
under the magistrates ordinance , 1890.
(3) all such regulations shall be published in the grazette , and there-
upon shall have the force of law.
A.D. 1898. Ordinance No. 15 of 1898. Short title. Reservation of certain land to be known as Queen's Recreation Ground. Making of regulations for use of Queen's Recreation Ground. No. 3 of 1890.

A.D. 1898. Ordinance No. 15 of 1898. Short title. Reservation of certain land to be known as Queen's Recreation Ground. Making of regulations for use of Queen's Recreation Ground. No. 3 of 1890.

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CHINESE CERTIFICATES (FEES) ORDINANCE, 1898

ORDINANCE No. 3 OF 1898.

Chinese Certificates (Fees)

AN ORDINANCE to authorize the imposition of fees for th e
issue, by the government of this colony, of certain
certificats to certain chinese desirous of proceeding to
the united states of America or to ports in the posses-
sion of the government of the said united states .
[13th August, 1898.]
be it enacted by the governor of hongkong , with the advice and
consent of the legislative council thereof , as follows:-
1. this ordinance may be cited as the chinese certificates (fees)
ordinance, 1898.
2. for each certificate issued by the government of this colony to a
chinese person other than a labourer, desirous of proceeding to the
colonial treasury.
3. for each certificate issued by the government of this colony to a
chinese person, other than a labourer, desirous of proceeding to any
port not in the united states of America but which is in the actual
possesion of the application to the registrar general a fee of twenty-five
dollars, which he shall pay into the colonial treasury .
4.all fees hitherto charged and received by the registrar general
in respect of such certificates before the commencement of this ordinance ,
and paid by him into the colonial treasury, shall be deemed to have been
legally charged and received by him . A.D. 1898. Ordinance No. 13 of 1898, with Ordinance No. 7 of 1900 incorporated.
Short title.
Fee for certificate to Chinese proceeding to United States.
Fee for certificate to Chinese proceeding to port in possession of United States.
Legalization of fees for certificates hitherto paid.

A.D. 1898. Ordinance No. 13 of 1898, with Ordinance No. 7 of 1900 incorporated.
Short title.
Fee for certificate to Chinese proceeding to United States.
Fee for certificate to Chinese proceeding to port in possession of United States.
Legalization of fees for certificates hitherto paid.

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KELLET ISLAND ORDINANCE, 1898

ORDINANCE NO. 2 OF 1898.

Kellet Island

AN ORDINANCE to make provision with respect to Kellet
island.
[13th August, 1898.]
Be it enacted by the Governor of hongkong, wiht the advice and
consent of the legislative council thereof, as follow:-
1. This ordinance may be cited as Kellet island ordinance, 1898.
2. No ship, boat, junk, or other vessel shall anchor, remain, or loiter,
whether for the purpose of fishing or for any other purpose, within a
distance of fifty yards from high water mark on Kellet Island without
a written permit from the Officer Commanding Her Majesty's Regular
Force in this Colony : provided that this prohition shall not apply to
vessels in the employ of her majesty's naval or military authorities or
in the employ of the government of this colony, whether upon police
service or otherwise.
3. No person shall land or be upon Kellet island unless he is the
bearer of a written order for that purposed duly granted to him by the
officer commanding her majesty's regular forces in this colony, or
unless he is an officer,warrant officer, non-commissioned officer, or
private of the army, navy,or marine forces, on duty, or a member of
the police force, on duty.
4. Any person in charge of any ship, boat, junk, or other vessel
contravening the provisions of section 2, and any person contravening
the provisions of section 3, shall be guilty of an offence, and, on sum-
mary conviction before a magistrate , shall be liable to a penalty not
exceeding fifty dollars or to imprisonment, with or without hard labour,
for any term not exceeding one month.
5. any commissioned or non-commissioned officer in her Majesty's
naval ro military forces and any police officer may, wiht or without a
warrant, apprehend or cause ot be apprehended any person offending
against this ordinance , and may bring him or cause him to be brought
before a magistrate of the purpose of being dealt with according
to law .
A.D. 1898. Ordinance No. 12 of 1898.
Short title.
Prohibition of vessel anchoring, etc., 50 yards of Kellet Island, without permission.
Prohibition of landing on Kellet Island without written order, etc. Punishment for contravention of ss. 2 and 3. Arrest of offender.

A.D. 1898. Ordinance No. 12 of 1898.
Short title.
Prohibition of vessel anchoring, etc., 50 yards of Kellet Island, without permission.
Prohibition of landing on Kellet Island without written order, etc. Punishment for contravention of ss. 2 and 3. Arrest of offender.

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MISDEMEANORS PUNISHMENT ORDINANCE, 1898

ORDINGANCE NO. 1 OF 1898.

Misdemeanors Punishment

AN ORIDINANCE for the more effectual punishment of bribery
and certain other misdemeanors .
[28th February, 1898.]
be it enacted by the governor of hongkong , with the advice and
consent of the legislative council thereof , as follows:-
1 this orinance may person holding or discharging the
duties , whether permanently or temporarily , of any office or appoint-
ment in the civil service of the colony, and includes every member
of the police force:
' bribe ' includes any fee,perquisite , reward, or gratification ,
wether pecuniary or otherwise , not payable or receivable by law.
3. every public servant who accepts , or obtains , jor agree to accept,
or attempts to obtain , or causes or procures to be obtained ,from any per-
son , whether by himself or by any other person and whether for himself
or for any other person , any bribe, with a view to influence his conduct
as such public servant or to incline him to do or to omit to do any act
contrary to his duty as such puble servant or contrary to the rules of
honesty and integrity , shall be guilty of a misdemeanor , and , being con-
victed thereof, shall be liable to imprisonment , with or without hard
labour , for any term not exceeding two years , or to a fine not exceeidng
five hundred dollars , or to both.
4.every person who gives or offers , or causes ro procures to be given
or offered, to any public servant any bribe, for himself or for any other
person, with a view to influence his conduct as such publec servant or to
incline him to do or to omit to do nay act contrary to his duty as such
public servant or contrary to the rules fo honesty and integrity , shall be
guilty of a misdemeanor , and , being convicted thereof , shall be liable to
imprisonment , with or without hard labour , for any term not excceeding
two years , or to a fine not exceeding five hundred dollars , or to both.
5. where any person is convicted in the supreme court of conspiring
to cheat or defraud , or to extort money or goods , or falsely to accuse of
any crime, or to obstruct, prevent, pervert or defeat the course of public
justice, he shall be liable to imprisonment, with or without hard labour
for any term not exceeding three years, or to a fine not exceeding five
hundred dollars, or to both.
6.-(1) -where any person is convicted in the supreme court of a
misdemeanor at common law and no punishment is provided by any act
or ordinance for such offence, he shall be liable to imprisonment, with or
without hard labour, for any term not exceeding one year, or to a fine
not exceeding five hundred dollars, or to both.
(2) where any person is convicted of an offence declared by any act
or ordinance to be a misdemeanor, and the punishment for such offence
is not specified, he shall be liable to imprisonment, with or without hard
labour, for any term not exceeding one year, or to a fine not exceeding
five hundred dollars, or to both.
the
officer commanding her majesty's regular forces in this colony, or
unless he is an officer, warrant officer, non-commissioned officer, or
private of the army, navy,or marine forces, on duty, or a member of
the police force, on duty .
4. any person in charge of any ship , boat, junk, or other vessel
contravening the provisions of section 2, and any person contravening
A.D. 1898. Ordinance No. 3 of 1898, with Ordinance No. 14 of 1898 incorporated. Short title. Interpretation of terms. Acceptance of bribe by public servant. Offering of bribe to public servant. Conspiracy to cheat or defraud, etc. Punishment of misdemeanor where punishment not otherwise specified.

A.D. 1898. Ordinance No. 3 of 1898, with Ordinance No. 14 of 1898 incorporated. Short title. Interpretation of terms. Acceptance of bribe by public servant. Offering of bribe to public servant. Conspiracy to cheat or defraud, etc. Punishment of misdemeanor where punishment not otherwise specified.

https://oelawhk.lib.hku.hk/items/show/706

SMALL TENEMENTS RECOVERY ORDINANCE, 1897

ORDINANCE NO. 10 OF 1897.

Small Tenements Recovery

AN ORDINANCE to facilitate the Recovery of possession of
tenements and premises of small value.
[13the December, 1897.]
WHEREAS it is expedient to provide for the more speedy and
effectual recovery of the possession of tenements and premise
of small value:
be it therefore enacted by the governor of hongkong, with the advice
and consent of the legislative council thereof, as follows:-
1.this ordinance may be cited as the small tenements recovery
ordinance, 1897.
2. in this ordinance, unless the context otherwise requires,-
' promises' means lands (including leaseholds), houses, and other
corporeal hereditaments:
'house' includes a matshed or other structure :
'owner' means the person entitled to the premises, or, if
in cases wihtin section 6, to the possession of hte premises, or, if
the property is held in joint tenancy or tenancy incommon, means
any one of the persons entitled to such reversion or possession :
'agent ' includes any person usually employed by the owner it
the management of his property, or in the letting of the premises ,
or in the collection of the rents thereof, or specially authorized to
act in the particular matter by writing under the hand of such
owner .
3.-(1) when and so soon as the term or interest of the tenant of
any house , land , or other premises, held by him at will or for any term
not exceeing seven years either without being liable to the payment
of any rent or at a rent not exceeding the rate of twenty dollars a month
or two hundred and forty dollars a year, and upon which no fine has
been reserved or made payable , has ended or has been duly determined
by a legal notice to quit or otherwise, and such tenant, or (if such tenant
does not actually occupy the premises or only occupies a part thereof) any
person by whom the same or any part thereof is then actually occupied,
notwihtstanding that demand for possession has been made,refuses
or neglects to quit and deliver up possession of the premises or of such
part thereof respectively, it shall be lawful for a magistrate , on a complaint
being made to him, to issue a summons requiring the person against
whom such complaint has been made to appear at a certain time and
place before such magistrate to answer such complaint and to show
cause why he should not quit and deliver up possession of the said
premises.
(2) such complaint and summons may be in the forms nos. 1 and 2
respectively in the schedule to this ordinance.
4. any summons issued under this ordinance may be served either
personally or by leaving the same with some person being in and
apparently residing at the place of abode of the defendant: provided
that if the defendant cannot be found , and the place of abode of the
defendant is not known or admission thereto cannot be obtained for
serving the summons, the posting up of the summons on some con-
spicuous part of the premises shall be deemed to be good service on such
person .
5-(1) if the person so served with a summons as aforesaid does not
appear before the magistrate at the time and place mentioned in the
summons, or fails to show cause why he should not quit and deliver up
possession of the premises, it shall lawful for the magistrate to issue
his warrant to any constable of the colony , commanding him to enter
(by force, if needful) into the premises , and give possession of the
hours of nine in the morning and five in the afternoon: provided , also,
that nothing herein contained shall be deemed to protect any person on
whose application any such warrant may be granted from any action
which may be brought against him by any such tenant or occupier for
and in respect of such entry and taking possession , where such such person
had not, at the time of granting the same, lawful right to the possessions
of the said premises
(2) the warrant under this section may be in the form no. 3 in the
schedule to this ordinance.
6. when any person by whom any illegal encroachment or inclosure
has been made upon the land of another person,not exceeding in vale
twenty dollars a month or two hundred and forty dollars a year, refuse
or neglects ,upon demand made, to quit and deliver up possession
of the same ,or any part thereof may be recovred by such land or his agent ,
the possession thereof may be recovered by such owner or agent under
the provisions of this ordinance, in like manner as if the occupier of
such encroachmet or inclosure were the tenant of any premise the
possession of which is recoverable under this ordinance ,whose term or
interest had ended .
7. in every case in which the person on whose application , or on
behalfof whom, any such warrant is granted had not , at the time of
granting the same , lawful right to the possession of the premise, the
obtaining of any such warrant as aforesaid shall be deemed a trespass
by him against the tenant or occupier of the premise , although no entry
may be made by virtue of the warrant ; and , in case nay such tenant
or occupier will become bound with two sureties as hereinafter provided
to be approved of by the magistrate, in such sum as to him may seem
reasonable,( regard being had to the value of the premises and to the
probable costs of an action,) to sue the person on whose application, or
on behalf of whom , such warrant was granted , with effect and without
delay , and to pay all the costs of the proceeidings insuch action in case
judgment shall pass for the defendant or the plaintiff shall discontinue
or not prosecute his action or become nonsuit therein , execution of the
warrant shall be delayed until judgment has been given in such action
and if , on the trial of such action , judgment passes for the plaintiff,
such judgment shall supersede the warrant so granted , and the plaintill
shall be entitled to reasonable damages in the action .
8. every such bond as hereinbefore mentioned shall be made to the
complainant or his agent at the cost of such complainant or agent , and
shall be approved of and attested by the maagistrate , and if the bond or
taken is forfeited or if , on the trial of the action for securing the trial
of which such bond was given , the judge by whom it is tried does not
certify that the codition o fthe bond has been fulfilled, the party to
whom the bond has been so made may bring an action and recover
thereon: provided always that the court where such action as last aforesaid is brought may , boy an order , give such relief to the parties
upon such bond as may be agreeable to justice , and suhc order shall
have the nature and effect of a defeasance to such bond.
9. it shall not be lawful to bring any action or prosecution against the
magistrate by whom such warrant as aforesaid may have been issued ,
or against any constable by whom such warrant may be executed , for
issuing such warrant or executing the same respectively , by reason that
the person on whose application , or on behalf of whom , the asame is
granted had not lawful right to the possession of the premises.
SCHEDULE .
FORMS
note.- these forms may be varied to meet the requirements of the particular
case, provided such case comes within the ordinance.
form no.1.
complaint before a magistrate .
HONGKONNG.
IN THE POLICE COURT AT
the complaint of owner [or agent , etc, as the case may
be ] made before me, a police magistrate fo the said colony , who says that the
said did let ot a tenement , consisting of ,
and situate at in the said colony, for at the rent of
, and that the said tenancy expired[or was determined by notice
to quit , given by the said , as the case may be, ] on the day of
1 [or that ht esaid has illegally encroached upon, (or
illegally inclosed) land situate at belonging to the commplainant
or as the case may be , such encroachment or inclosure not exceeding in value
$20 a month (or $24 a year, as the case may be ) ] and that , notwithstanding
demand made , the said refused [or neglected] to deliver up
posssession of the said tenement , [or encroachment or inclosure, as the case may
be,] and stil detains the same.
taken the day of 1,
before me ,
(signed.)
police magistrate. section 3 and form no.2.
6.
summons.
HONGKONG.
IN THE POLICE COURT AT
REG. on the complaint of
v.
to
complaint havign been this day made before the undersigned , a police
magistrate of the said colony , for that you , being the tenant or occupier of
certain premises situate at in the said colony, ad such
tenancy or holding hvin expired [or been legally determined, or as the case
may be ] [or that you, having illegally encroached upon (or illegally made an
inclosure upon) certain land situate at of which
is the owner, as the case may be ] have unlawfully refuse or neglected to deliver
over possession of the said premises to owner thereof : this is , therefore ,
to command you , in her majesty's name , to be and appear on day , the
day of 1 , at o'clock in the noon at the said
police court before me , to answer to the said complaint and to be further
dealt with according to law,
dated the day of 1.
(signed.)
police magistrate .
FORM NO.3.
warrant.
HONGKONG.
IN THE POLICE COURT AT
to all and each of the constables of the said colony.
whereas [set forth the complaint] I , a police magistrate fo the said colooy
do authorize ad command you, between the hours of nine in the forenoon
and five in the afternoon , to enter (by force , if needful ) and wiht or without
the aid of , the owner , [or agent, as teh case may be ] , or any
other person or persons whom you may think requisite tocall to your assistance,
into and upon the said encroachment (or inclosure , as the case may be )] full and
peaceable possession to deliver to the said the owner [ or
agent]
given under may hand and seal, this day of 1.
(signed)
is police magistrate. A.D. 1897. Ordinance No. 27 of 1897. 1 & 2 Vict.c.74. Short title. Interpretation of terms. Summoning of tenant of premises not exceeding $240 annual rental, unlawfully holding over. Schedule: Forms Nos. 1 and 2. Service of summons. Issue of warrant for possession of premises. Schedule: Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of execution of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance. Section 3 and 6. Sections 3 and 6. Sections 5 and 6.

A.D. 1897. Ordinance No. 27 of 1897. 1 & 2 Vict.c.74. Short title. Interpretation of terms. Summoning of tenant of premises not exceeding $240 annual rental, unlawfully holding over. Schedule: Forms Nos. 1 and 2. Service of summons. Issue of warrant for possession of premises. Schedule: Form No. 3. Recovery of land in case of illegal encroachment or inclosure, not exceeding $240 in annual value. Stay of execution of warrant if bond given by defendant. Giving of bond by defendant, and proceedings thereon. Protection of Magistrate and constable acting under the Ordinance. Section 3 and 6. Sections 3 and 6. Sections 5 and 6.

https://oelawhk.lib.hku.hk/items/show/705

VAGRANCY ORDINANCE, 1897

ORDINANCE NO. 9 OF 1897.

Vagrancy

AN ORDINANCE to amend the law relating to vegrants .
[22nd November, 1897.]
be it enacted by the governor of Hongkong,wiht the advice and
consent of the legislative council therreof, as follows:-
1.this ordinance may be cited as the vagrancy ordinance, 1897.
2. in this ordinance, unless the context otherwise requires,-
'vagrant ' means any person, other than a chinese, found asking
for alms or being without either employment or visible means of
subsistence:
'agent' of a vessel includes any person who undertakes the agency
of such vessel, although he may not be the consignee thereof.
3.-(1) the governor may provide a house of detention for vagrants
at such place as he may think proper, and may appoint a superintendent
and sucb place as he may think proper, and may remove any such
superintendent or officer at pleasure.
(2) the governor may, by notification in hte gazette, certify any
purposes of theis ordinance.
(3) until any such house is provided, victoria gaol may be used as
such house for the purposes for the purposes of this ordinance.
4-(1) every house of detention shall be under the immediate
charge of a superintendent, who shall be appointed, and may be
suspended or removed, by the governor.
(2) until any other appointment is made, the superintendent of
victoria gaol for the time being shall be the superintendent of the
house of detention.
5. any police officer may require any person who is apparently a
vagrant to accompany him or any other police officer to ,and to appear
before , a magistrate.
6. the magistrate shall, in such case or in any other case where a
person apparently a vagrant comes before him, make a summary
inquiry into the circumstances of such apparent vagrant, and , if
satisfied that he is a vagrant , shall declare him to be such , adding,
where practiable, any prior date from which, in his opinion , such
person has , in this colony , been a vagrant as defined by this or-
dinance.
7.if the magistrate is further of opinion that such vagrant is not
likely to obtain employment at once, or if he has reason to believe
that a declarartion of vagrancy has on any former occasion been re-
corded in respect of such vagrant , he shall require such vagrant tjo go
to a house of detention , and shall draw up on order to that effect.
8. such vagrant shall then be place in charge of the police for the
purpose fo being forwarded to the house of detention , and the said
order shall be a sufficient authority to the police for retaining him in
their charge while he is on his way to the house of detention , and to
the superintendent of the house fo detention for receiving and detaining
him.
9-(1) where the magistrate dealing with such vagrant is of opinion
that the vagrant is likely to obtain employment in the colony, the
magistrate may , in his discretion, forward the vagrant in charge of the
police to the place hwere such emploument is likely to be obtained and
may draw up an order to that effect.
(2) such order shall be a sufficient authority to the police for retain-
i gthe vagrant in their charge while he is on his way to such place of
employment , and afterwards , in case he does not suceed in obtaining
scuh employment .
10.-(1) the magistrate dealing with any vagrant shall , to the best
of his abiltiy , assist him in seeking employment , adn may in the mean-
time, if he thinks fit , keep such vagrant in sharge of the police .
(2) if the vagrant fails to obtain suitable employment with a rea-
sonable time , not exceeding at the most sven days , the magistrate
shall forward him to a house of detention , as provided in section 7.
11. every person , while in charge of the police under this ordinance
or while seeking employment , shall be entitled to the same maaintenance
and subject, so far as practicable, to the same regulations as prisoners
detained on remand.
12 every vagrant detained in any house of detention shall be
allowed the same scale of diet for his support as is allowed to adult-keep
contence prisoners who have completed the first six months of their
imprisonment .
13 every vagrant admitted to any house of detention shall be sub-
ject to the same regulations as are prisoners in gaol with respect to -
(1) search of his person , cloothing , and effects ;
(2) custody of his clothing and effects ;
(3) the wearing of a distinctive dress;
(4) person cleanleness; and
(5) hours , meals , labour (other than penal labour), and general
conduct :
provided always that suhc regulations may be specially modified in re-
lation to vagrants by aany code of regulations approved by the governor-
in-council , and that any money or effects of any vagrant may be applied
towards the expense of carrying this ordinance into execution for his
benefit .
14. any vagrant who knowingly disobeys any regulaion applicable
to him , or made under the last preceding section ,shall be liable to the
same punishment as if he were a misdemeanant in gaol.
15. the superintendent of the house of detention shall forward
weekly to the harbour master a list of such vagrants under his charge
as are seamen, and shall otherwise use his best endeavoours to obtain
suitable employment outside suhc house for the vagrants admitted
thereto.
16 when such employment is obtained ,any vagrant who refuses or
neglects to avail himself thereof shall, on summary conviction before a
magistrate , be liable to imprisonment , with hard labour, for nay term
not exceeding one month.
17. any vagrant or other person , other than a chinese , may be
allowed to enter into an agreement in writing with the colonial secre-
tary , binding himself to embark on board such suip and at such time as
the superintendent of the house of detention may direct , for the pur-
pose fo being removed from teh colony at the expense , if any , of the
government fo the colony , to remain on board until wuhc ship her
arrived at the port named in such agreement , and not to return to the
colony within five years .
18. every such agreement may be on unstamped paper , and shall be
in the form in the schedule to this ordinance or as near thereto or
may be .
19. the cost fo the removal from the colony of any vagrant under
theis ordinance shall be defrayed by the governmejnt , subject to the pro-
visions hereinafter contained for its refund .
30.-(1) when a vagrant has entered into such agreement , unless,
in the opinion of the superintendent of the the house of detention, suitable
employment is likely to be speediily found for such vagrant , the super-
intendent may enforce such agreement and cause shuch vagrant to be
removed from the colony, and , if the deems it desirable , may call in the
assistance of the police to place suc vagrant on board ship , and such
vagrant may be detained on board and shall be deemed in lawful cus-
tody while the ship is within the jurisdiction fo the colony.
(2) if , after the lapse of a reasonable time , no suitable employment
is obtainable for a vagrant detained n the house of detention , adn such
vagrant has not entered into the agreement hereinbefore mentioned, or
it is not thought desirable to remove him from the colony , the superin-
tendent may cause section 26 and 29 to be read to suhc vagrant and
may then release him .
21.-(1) whenever any person , not being a chinese , arrives in the
colony , under an engagment to serve any person , firm, company,
association , or body of persons, in any capacity ; and
(2) whenever a non-commissioned officer or soldier in her majesty's
army leaves that army in the colony , under such an engagement ;
and
(3) whenever any seaman, other than a chinese , is discharge from
his ship in the colony, with out the sanction of the superintendent
of the mercantile marine office or his deputy , and without reason-
able provision having been made as to his subsistence, or, not being
a deserter,is wrongfully left behind in the colony,
and within a perid of six months from the date of such arrival , leaving
the army, or discharhe such person , such non-commissioned officer or
soldier , or such seaman respectively becomes chargeable to the colony
as a vagrant , then, in cases within sub-section (1) and (2) , the person ,
firm,company,association,body of persons with whom such engage-
ment was med , and , in cases within sub-section (3) , the master of the ship
from which such seaman has been so discharged or by whom he has been
to left behind shall respectively be liable to repay to the government all
costs and charges incurred by the colony on his behalf since he became
vagrant ,including hospital costs and charges and the cost of his re-
moval under this ordinance. such eprson shall be deemed to have
become a vagrant at and from the date mentioned in the magistrate's
declaration as that from which, in his opinion , such person has been a
vagrant. 22. the master of any ship, british or foreign , which brings into the
colony any person other than a chinese and not having been ship-
wrecked , who, at the time of his landing, is destitute of means of sub-
sistence shall be liable to repay to the government of the colony all
costs and charges incurred by the coloy on behalf of such person , un-
less such master satisfies the court that he made due inquiry and that
he had reason to believe that such person was possessed of means of sub-
sistence when he arrived in the colony :provided that where the person
so brought into th ecolony came as a stowaway , the master shall incur as
liability to repay the said costs and charges , in case such stowaway is
promptly handed over to the police on the arriveal of the dship and is duly
prosecuted under the stowaways ordinance,1897, or any other enactment
applying to the case , and no money or compensation in respect of such
person's passage is paid or received .
23. in the absence of the master of a ship , or if such master departs
from the colony before repaying such costs and charges as are
mentioned in the last two preceeding sections , the owner , agent , and
consignee os such ship aat the time the person landed , or, in the case of
a seaman discharged or left behind , at the time of such discharge or of
his so being left behind , shall be liable to repay such costs and
charges to the governmetn .
24. such costs adn charges shall be recoverable by action as if an
express agreement to repay them had been entered into with the
colonial secrertary by the perosn , firm , company , association , body,
master , owner agent , or consignee chargeable .
25-(1) in any proceeidng under this ordinance , a certified copy of
the declaration of the magistrate shall be prima facie evidence that the
person therein referred to was a vagrant from the date of such
declaration , and also from any earlier date in such declaration mentioned
as that fron which ,in the magistrate's opinion, such person has been
a vagrant .
(2) as regards costs and charges incurred by the colony on behalf
of a destitute person or of a vagrant, the following documents shall be
prima facie evidence fo the amout thereof and also that they have been
so incurred by the colony, namely, -
(a) as regards hospital charges , a written statement signed or
purporting to be signed by the principal civil medical officer
and ,
(b) as regards other costs and charges , including those of removal ,
if any , a written stateement thereof signed ro purplorting to be
signed by the colonial secretary.
26. any person, being apparently a vagrant , who refuses or fails to
accompany a police officer to or to appear before a magistrate when
required to do so for the purposes of this ordinance may be arrested
wihtout warrant , and shall, on conviction , before a magistrate, be liable
to imprisonment, with hard labour , for any term not exceedign one month.
27. any vagrant who escape from the police whilst committed to
their charge under this ordinance , or who leaves a house of detention
with out permission from the superintendent , or who, having with such
permission left a house of detention for a limited time or a specified
purpose , fails to return on the expiration of such time or when such
purpose has been accoplished ro proves to be impracticable , shall, on
conviction before a magistrate , be liable to imprisonment , with hard
labour , for any term not exceedign three months.
28.every person who enters into an agreement under section 17
and wilfully violates that agreement in any respect shall , on conviction
before a magistrate , be liable to imprisonment , with hard labour, for
any term not exceeding three months .
29. every person who asks for alms in a threatening or insolent
manner, or continues to ask for alms of any person after he has been
requried to desist , shall , on conviction before a magistrate , be liable to
imprisonment , wiht hard labor ,for any term not exceeding three
months .
30.-(1) the governor-in-council may from time to time make
rules , not beng inconsistent with this ordinance , for the guidance fo
officers in matters connected with it .
(2) all such rule shall be published in the gazette, and shall
thereupon have ht eforce of law.
SCHEDULE .
FORM OF AGREEMENT OT LEAVE THE COLONY.
ARTICLES OF AGREEMENT MADE the day fo 1,
between the coloial secretary of Hongkong of the one part and A.B,
of , ets, [the vagrant] of the order part: each of the parties hereto ( so far as
relates to the acts on his own part to be performed) hereby agrees wiht the
otehr of them as follows:-
1 the said A.B, shall embark on board such ship , and at such time , as
the superintendent of the house fo detention shall direct.
2. the said A.B, shall remain on board such ship until such ship shall
have arrived at the port fo *
3. The said A.B. shall not return to Hongkong until five years shall her
elapsed from the date fo such embarkation, unless he hsall be specially
permitted to return by the governor of hongkong.
4. the said colonisl secretary of honkong shall contract with the owner
of such ship or his agent for his subsistence during the voyage for which he shall,
embark as aforesaid.
in witness whereof the said colonial secretary of hongkong and the
said A,B. have hereunto set their hands the day adn year first above
written.
(signed.)
colonial secretary
A,B.
A.D. 1897. Ordinance No. 25 of 1897, with Ordinance No. 29 of 1899 incorporated.
Short title.
Interpretation of terms.
Provision of House of Detention, and appointment of officers thereof.
Superintendent of House Detention. Taking of vagrant before Magistrate. Power to Magistrate to declare person to be vagrant. Committal of vagrant to House of Detention. Power to detain vagrant on order of committal. Power to Magistrate to forward vagrant to place of employment. Duty of Magistrate to assist vagrant in seeking employment. Vagrant in charge to be treated as prisoner on remand. Scale of diet for vagrant detained. Regulations for government of vagrants. Punishment of vagrant for misconduct. Forwarding of weekly list of seamen vagrants to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant or other person to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing destitute person into the Colony to repay costs and charges. No. 3 of 1897. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty on vagrant for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Making of rules. Section 18.

A.D. 1897. Ordinance No. 25 of 1897, with Ordinance No. 29 of 1899 incorporated.
Short title.
Interpretation of terms.
Provision of House of Detention, and appointment of officers thereof.
Superintendent of House Detention. Taking of vagrant before Magistrate. Power to Magistrate to declare person to be vagrant. Committal of vagrant to House of Detention. Power to detain vagrant on order of committal. Power to Magistrate to forward vagrant to place of employment. Duty of Magistrate to assist vagrant in seeking employment. Vagrant in charge to be treated as prisoner on remand. Scale of diet for vagrant detained. Regulations for government of vagrants. Punishment of vagrant for misconduct. Forwarding of weekly list of seamen vagrants to Harbour Master. Penalty on vagrant for refusing employment. Agreement by vagrant or other person to leave the Colony. Form of agreement. Schedule. Cost of removal of vagrant. Removal of vagrant from the Colony. Liability of certain persons to repay costs incurred by Government in respect of vagrant. Liability of shipmaster bringing destitute person into the Colony to repay costs and charges. No. 3 of 1897. Liability of owner, etc., in absence of shipmaster. Recovery of costs and charges. Evidence in proceeding under the Ordinance. Arrest of vagrant without warrant. Penalty on vagrant for escape. Breach of agreement under s. 17. Punishment of person asking alms in threatening manner, etc. Making of rules. Section 18.

https://oelawhk.lib.hku.hk/items/show/704

INTERPRETATION ORDINANCE, 1897

ORDINANCE NO. 8 OF 1897.

Interpretation

AN ORDINANCE to consolidate and ament the laws relating
to the construction of ordinances, to further shorten the
language used in ordinances, and for other like purposes .
[18th November , 1897.]
be it enacted by the Govenor of Hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the interpretation ordinance, 1897. 2. in this ordinance , unless the context otherwise requires , the word
' ordinance' includes a local and personal ordinance and a private
ordinance.
existing interpretations .
3.-(1) in this ordinance and in every ordinance passed after the
22nd day of may , 1867, whether before or after the commencement of
this ordinance , unless the contratry intention appears,-
(a) words importing the masculine gender shall include females ,
and
(b) words in the sigular shall include the plural and words in
the plural shall include the sigular.
(2) the same rules shall be observed in the construction of every
enactment relating to offence punishable on summary conviction or
on indictment when the enactment is contained in an ordinance passed
before the 22nd day of May , 1867.
4-(1) in the construction of every enactment relating to an offence
punishable on summary conviction or on indictment , whether contained
in an ordinance passed before or after the commemcement of this or-
dinance , the word ' person' shall , unless the contrary intention appears
include a body corporate .
(2) where under ay ordinance , whether passed before or after the
commencement of this ordinance ,any forfeiture or penalty is payable to
a party aggrieved ,it shall be payable to a body corporate in every case
where that body is the party aggrieved .
5. in this ordinance and in every ordinance passed after the 55nd
day of May , 1867, whether before or after the commencement of this
ordinance , the following words and expressions shall , unless the
contrary intention appears,have the meanings hereby respectively
assigned to them, namely ,-
(1) the word 'governor ' shall include the officer for the time being
administering the government of the colony ;
(2) the expression 'governor-in-council' shall mean the governor
wiht the advice fo the executive council of the colony ;
(3) the word ' colony ' shall mean the colony of Hongkong and its
dependencies;
(4) the expression ' colonisl waters' shall mean the waters of the
colony;
(5) the word ' harbour' shall mean the harbour of victoria ;
(6) the expresion ' chinese authorities ' shall mean any officer fo
the chinese government acting on behalf of such government and recognized as such officer by the government of the
colony;
(7) the words 'the gazette' shall mean the Honkon government
gazette ;
(8) the expression ' prublic office ' or ' public department' shall
extend to and include every officer of department invested with or
performing duties of a public nature ,whether under the immediate
control of the governor or not ;
(9) the word ' magistrate' shall mean a police magistrate of the
colony;
(10) the expression ' emigration officer ' shall include every person
lawfully acting as emigration officer , emigration agent , or protector
of emigrants in the colony;
(11) the word ' master' shall include any person having charge of
a ship or vessel, other htan a ship of war of her majesty , a ship of
war of any foreign nation , and a hired armed vessel or transport
in her majesty'service or in the service of any foreign nation;
(12) the word ' person ' shall include a body corporate ;
(13) the expresson 'goods and chattels' shall include money , bills,
bonds notes and personal property of any kind or description what-
soever, excepjt chattels real; and
(14) the word 'month ' shall mean calendar month .
6. when reference is made in any ordinance , whether passed before
or after hte commencement fo this ordinance , to any public officer by the
term designating his office , such term shall include the officer for the
time beign executing the duties fo such office and such other officer as
may from time to time be appointed to undertake any portion of such
duties .
7. when any particular number of days is prescribed or mentioned
any ordinance , whether passed before of after the commencement of
this ordinance , for the doing of any act or for any other purpose , the
some shall, unless hte contrary intention appears , be reckoned exclusive
at the first and inclusive of the last day.
8.in every ordinance passed after the 22nd day fo May , 1867,
whether before or after the commence ment of this ordinance , the
forllowing words shall, unless the contrary intention appears , have the
meanings hereby resepectively assigned to them , that is to say , the words
' oath ' and ' affidavit' shall , in the case of persons for the time being
allowed by law to affirm or declare instead of swearing , include
affirmation and declaration , and the word ' swear' shall, in the like
case , include affirm and declare.
existing rules of construction .
9.whether an ordinance , whether passed before or after the commence-
ment of this ordinance , repeals a repealing enactment , it shall not be
construed as reviving any enactment previously repealed , unless words
are added reviving any enactment .
10.where an ordinance, whether passed befroe or after the com-
mencement of this ordinance , repeals wholly or partially any former
enactment and substites provisions for the enactment repealed , the re-
pealed enactment shall remain in force until the substituted provisions
come into operation .
11. where an ordinance , hwether passed before or after the com-
mencement of this ordinance , repeals any other enactment , then , unless
the contrary intention appears , the repeal shall not -
(1) revive anything not in force or existing at the time at which the
repeal takes effect; or
(2) affect the previous operation of any enactment so repealed or any
thing duly done or suffered under any enactment so repealed ; or
(3) affect any right, privilege, obligation , or liability acquired ,
accrued , or incurred under any enactment so repealed ; or
(4) affect any penalty , forfeiture , or punishment incurred in respect
of any offence committed against any enactment so repealed ; or
(5) affect any investigation, legal proceeding , or remedy may be
instituted , continued , or enforced , and any such penalty , forfeitures , or
punishnment may be imposed , as if the repealing ordinance had not
been passed .
new interpretations.
12. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , the following
expressions shall , unless the contrary intention appears , have the
meanings hereby respectively assigned to them, namely,-
(1) the expression ' secretary of state ' shall mean one of her
majesty's principal secretary of state for the time being ;
(2) the expression ' the admiralty' shall mean the lord high
admiral of hte united kingdom for the time being or the
commissioners for the time being executing the office of lord
high admiral of the united kingdom; (3) the expression ' the privy council' shall mean the lords and
others for the time being of her majesty's most honourable privy
council;
(4) the expression ' the board of trade ' shall mean the lords of
the committee for the time being of the privy council appointed
for the consideration of matters relating to trade and foreign
plantations; and
(5) the expression ' consular officer ' shall include consul-general ,
consul, vice-consul, consular agent , and any person for the time
being authorized to discharge the duties of consul-general,
or vice-consul.
13 in this ordinance and in every otehr ordinance ,whether passed
before or after the commencement of this ordinance , the following
expressions shall, unless the contrary intention appears , have the
meanings hereby respectively assigned to them , namely,-
(1) the expression ' high court,' when used with reference to
England or ireland ,shall mean her majesty's high court of
justice in england or ireland, as the case may be;
(2) the expression ' court of assize' shall , as respects england ,
wales,and ireland , mean a court of assize , a court of oyer and
terminer, and a court of gaol delivery , or any of them , and shall ,
as respects england and wales , include the central criminal
court ; and
(3) the expression ' the supreme court' shall mean the supreme
court of Hongkong .
14-(1) in every ordinance passed after the commencement of this
ordinance , unless the contrary intention appears , the expression 'rules
of court ,' when used in relation to any court , shall mean rules or orders
regulating the practice and procedure of such court .
15.in this ordinance and in every ordinance passed after the
commencement of this ordinance , the following words and expressions
shall, unless the contrary intention appears, have the meaning hereby
respectively assigned to them , namely-
(1) the expression ' the united kingdom ' shall mean the united
kingdom of great britain and ireland;
(2) the expression ' the british islands' shall mean the united
kingdom , the channel islands , and the isle of man (3) the expression ' the imperial parliament ' and the word ' parlia-
ment' shall respectively mean the parliament of the united
kingdom;
(4) the expression 'british possession' shall mean any part of the her
majesty's dominions exclusive of the united kingdom, and , where
parts of such dominions are under both a central and a local legis-
lature , all parts under the central legisture shall , for the purposes
of this definition , be deemed to be one british possession ;
(5) the expression 'british colony' shall mean any part of her
majesty's dominion exclusive of the british islajnds an dof british
india , and , where parts fo such dominions are under both a central
and a local legislature , all parts under the central legislature
shall, for the purposes of this difinition , be deemed to be one
colony;
(6) the expression ' british india' shall mean all territories and
places within her majesty's dominations which are for the time being
govened by her majesty through the governor-general of india
or through any governor or other officer subordinate to the gover-
nor-governor or other officer subordinate to the governor-general
of india;
(8) the word ' governor' when used with respect to canada and
india, shall mean the governor-general and include any person
who for the time being has the powers of the governor-general
and , when used with respect to any other british possession , shall
include the officer for the time being administering the government
of that possession ; and
(9) the expression ' colonial legistature ' and the word ' legislatures'
when used with reference to a british possession , shall respectively
mean the authority , other than the imperial parliament or her
majesty the queen-in-council , competent to make laws for a
british possession .
16.in this ordinance and in every ordinance passed after the com-
mencement of this ordinance ,the word 'statute' shall , unless the
contrary intention appears , mean any act of parliament or ordinance
for the time being in force in this colony , and shall include any order
of the queen-in-council , order of the governor-in-council , rule
regulation , or by-law having for the time being the force of law
therein. 17.-(1) in this ordinance and in every other ordinance , whether
passed before or after the commencement of this ordinance, the word
'commencement ,' when used with reference to an ordinance,shall mean
the time at which the ordinance comes into operation.
(2) where any ordinance passed after the commencement of this
ordinance, or any order of the governor-in-council,order , warrant,
scheme,letters patent, rules, regulations,or by-laws made , granted ,or
issued under a power conferred by any such ordinance, is or are expressed
to come into operation on a particular day, the same shall be contrued as
coming to operation immediately on the expiration of the previous day .
18. in this ordinance and in every other ordinance , whether passed
before or after the commencement of this ordinance , expression referring
to writing shall , references to printing, lithography, photography,and other
modes of representing or reproducing words in a visible form.
19. in this ordinance and in every ordinance passed after the com-
mencement of this ordinance, the words 'or,' 'other' and ' other-
wise ' shall , unless the contrary intention appears , be construed disjunc-
tively and not as implying similarity, unless the word 'similar,' or
some equivalent expression , is added .
20. in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance, the expression
'statutory declaration' shall, unless the contrary intention appears,
mean a declaration made by virtue of the statutory declaractions
ordinance,1893.
21. where an ordinance passed after the commencement of this ordi-
nance authorizes or requires any document to be served by post, whether
the word 'serve' or the word 'give,' or the word 'send,' or any other
word or expression is used , then,unless the contrary intention appears ,
the service shall be deemed to be effected by properly addressing , pre-
paying , and posting a letter containing the document , and, unless the
contrary is proved , to have been effected at the time at which the letter
would be delivered in the ordinary course of post.
new rules of construction.
22. every ordinance, whether passed before or after the commence-
ment of this ordinance, shall be a public ordinance and shall be
judicially noticed as such, unless the contrary is expressly provided by
the ordinance.
23.any ordinance may be altered , amended , or repealed in the
same session of the legislative council.
24.-(1) where an ordinance, whether passed before or after the
commencement of this ordinance, contains a short title, it shall be
sufficient , in all courts and for all other purposes whatsoever , to cite
such ordinance by its short title .
(2) in any ordinance passed after the commencement of this ordi-
nance , a description or citation of a portion of another ordinance shall ,
unless the contrary intention appears, be construed as including the
word,section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
25-(1) the preamble of an ordinance, whether passed before or
after the commencement of this ordinance, may be referred to for assis-
tance in explaining the scope and object of the ordinance.
(2) every schedule or table to an ordinance, or part of an ordinances,
whether passed before or after the commencement of this ordinances,
shall , to gether wiht any notes thereto, be construed and have effect as
part of the ordinance.
26.where an ordinance , whether passed before or after the com-
mencement of this ordinance , is divided into parts ,chapters , titles, or
other divisions , the fact and particulsrs of such division shall , with or
without express mention thereof in such ordinance , be taken notice of
in all courts and for all other purposes whatsoever.
27. where a suspending clause is embodied in an ordinance , such
clause shalll be in the following form , or to the like effect:-
' this ordinance shall not come into operation unless and until the
governor notifies,by proclamation, that it is her majesty's
pleasure not to disallow the same, and thereafter it shall come
into operation upon such day as the governor shall notify by the
same or any other proclamation .'
28.in this ordinance and in every other ordinance, whether passed
before or after the commencement of this ordinance , references to the
sovereign reigning at the time of the passing of the ordinance or to the
crown shall, unless the contrary intention appears, be construed as
references to the sovereign for the time being , and this ordinance shall
be binding on the crown.
29.no ordinance ,whether passed before or after the commencement
of this ordinance , shall in any manner whatsoever affect the rights of the crown, unless it is therein expressly stated , or unless it appears by
necessary implication , that the crown is bound thereby .
30. where an act or omission constitutes an offence under two or
more ordinances or both under an ordinance and at common law ,
whether any such ordinance , the offender the commence-
ment of this ordinance, the offender shall, unless the contrary intention
appears , be liable to be prosecuted and punished under either or any of
those ordinances or at common law , but shall not be liable to be punished
twice for the same offence.
31.in the measurement of any distance for the purposes of any
ordinance passed after the commencement of this ordinance, that distance
shall , unless the contrary intention appears, be measured in a straight
line on a horizontal plane .
32.whenever any expression of time occurs in any ordinance ,deed ,
or other legal instrument, the time referred to shall, unless the contrary
intention appears , be held to be local mean time .
33.where an ordinance, whether passed before or after the com-
mencemnt of this ordinance, confers power to make, grant, or issue
any instrument, that is to say , any order-in-council , order, warrant,
scheme, letters patent, rules, regulations, or by-laws, expressions used
in the instrument , if it is made after the commencement of this ordi-
nance,shall , unless the contrary intention appears , have the same respec-
tiver meanings as in the ordinance conferring the power.
34-(1)where an ordinance passed after the commencement of
this ordinance confers a power or imposes a duty, then, unless the
contrary intention appears, the power may be exercised and the duty
shall be performed from time to time as occassion requires .
(2) where an ordinance passed after the commencement of this
ordinance confers a power or imposes a duty on the holder of an office,
as such , then , unless the contrary intention appears , the power may be
exercised and the duty shall be performed by the holder for the time
being of the office.
35 where an ordinance passed after the commencement of this
ordinance is not to come into operation immediately on the passing
thereof , and confers power to make any appointment , to make , grant,
or issue any istrument, that is to say , any order-in-council , order ,
warrant, scheme, letter patent, rules , regulations , or by-laws , to give
notice , to prescibe forms,or to do any other thing for the purposes of
the ordinance , that power may , unless the contrary intention appears ,
be exercised at any time after the passing of the ordinance , so far as
may be necessary or expedient for the purpose of bringing the ordinance
into operation at hte date of the commencement thereof, subject to this
restriction , that any instrument made under the power shall not ,unless
the contrary intention appears in the ordinance or the contrary is
necessary for bringing the ordinance into operation, come into operation
until the ordinance comes into operation.
36.-(1) where an ordinance ,whether passed before or after the
commencement of this ordinance , confers power upon any authority to
make rules , the following provisions shall, unless the contrary intention
appears ,have effect wiht reference to the making and operation of such
rules:-
(a) any rule may be at time amended , varied , rescinded , or
revoked by the same authority and in the same manner by and
in which it was made ;
(b) there may be annexed to the breach of any rule such penalty ,
not exceeding twenty -five dollars , as the rule-making authority
may think fit , and any such penalty may be sued for and recover-
ed under any ordinance for the time being in force relating to
teh exercise fo summary jurisdiction by magistrates;
(c) no rule shall be inconsistent with the provisioons of any or-
dinance;
(d) all rule shall be published in the gazette and shall have the
force fo law ; and
(e) the production of a copy of the gazette containing any rule, or
of any copy of any rule purporting to be printed by the govern-
ment printer, shall be prima facie evidence,in all courts and
for all other purposes whatsoever , of the due making and tenor
of such rule .
(2) in this section , the word 'rules' includes rules and regulations,
regulations, and by-laws.
37. where this ordinance, or any ordinance passed after the com-
mencement of this ordinance , repeals and re-enacts, with or without
modification, any provisios of a former ordinance , references in any
other ordinance to the provision so repealed shall , unless the contrary
intention appears , be construed as references to the provisions so re-
enacted.
38. the rules of interpretation and construction herein contained
with respect to ordinance shall, unless the contrary intention appears ,
apply , mutatis mutandis and so far as they are not inapplicable thereto ,
to other statues, except acts of parliament , in the same manner by and
to the same extent as they apply to ordinances. provisions as to acts of parliament .
39.-(1) in any ordinance,instrument, or document, an act of
parliament may be cited by reference to the title ,if any ,of the
act,either with or without a reference to the chapter or by reference to
the regnal year in which the act was passed , and , where there are more
statutes or sessions than one in the same regnal year, by reference to the
statutes or the session,as the case may require, and, where there are more
chapters than one , by reference to the chapter, and any enactment may
be cited by reference to the section or sub-section of the act in which
the enactment is contained .
(2) where any ordinance passed after the commencement of this
ordinance contains such reference as aforesaid, the refernce shall , unless
a contrary intention appears, be read as referring ,in the case of statutes
included in any revised edition of the statutes purporting to be printed
by authority , to that edition ; and in the case of statutes not so included ,
and passed before the reign of king george the first, to the edition pre-
pared under the direction of the record commission; and in other
cases to the copies of the statutes purporting to be printed by the
queen's printer or under the superintendence or authority of her
majecty's stationery office .
(3) in any ordinance passed after the commencement of this ordi-
nance, a description or citation of a portion of an act of parliament
shall,unless the contrary intention appears , be construed as including
the word , section, or other part mentioned or referred to as forming the
begining and as forming the end of the portion comprised in the
description or citation .
40-(1) where by any ordinance, whether passed before or after
the commencement of this ordinance, an act of parliament , or any
portion of an act, is declared to extend to this colony,such act or
portion of an act shall , unless the contrary intention appears , be deemed
to extend to the colony so far only as local laws and circumstances
permit ;and , in applying such act or portion of an act, it shall be con-
strued with such verbal alteration , not affecting the substance,as may
be neccessary to render the same applicable to the particular matter in
question .
(2)a judge of the supreme court ,or any officer or functinary
exerising functions analogous to the functions of any judge, officer ,
or functionary referred to in such act or portion of an act, shall be
deemed to be within the meaning of the enactment thereof relating to
such last-mentioned judge, officer ,or functionary .
saving.

41. The provisions of this or ordinance repecting the construction of
ordinances passed after the commencement of this ordinance shall not
affect the construction of any ordinance passed before the commence-
ment of this ordinance, although it is continued or amended by an
ordinance passed after such commencement.
A.D. 1897. Ordinance No. 24 of 1897. Short title. Interpretation of term. Rules as to gender and number. Application of penal enactments to bodies corporate. Interpretation of certain words and expressions in Ordinances passed after 22nd May, 1867. Construction of reference to public officer in past and future Ordinances. Rules for computation of time in past and future Ordinances. Meaning of 'oath,' 'swear,' and 'affidavit' in Ordinances passed after 22nd May, 1867. Effect of repeal of a repealing enactment. Effect of a repealing Ordinance which substitutes new provisions. General savings in cases of repeal by past or future Ordinances. Official definitions in past and future Ordinances. Judicial definitions in past and future Ordinances. Meaning of 'rule of court' in future Ordinances. Geographical and colonial definitions in future Ordinances. Meaning of 'statute' in future Ordinances. Meaning of 'commencement' in past and future Ordinance. Meaning of 'writing' in past and future Ordinances. Meaning of 'or' and similar words in future Ordinances. Meaning of 'statutory declaration' in past and future Ordinance. 5 & 6 Will. 4.c. 62. No. 8 of 1893. Meaning 'service by post' in future Ordinances. Ordinances to be public Ordinances. Amendment or repeal of Ordinance in same session. Mode of citing past and future Ordinances. Construction of preamble, etc., in past and future Ordinances. Division of Ordinance into pasts, etc. Form of suspending clause. References to the Crown in past and future Ordinances. General saving of rights of the Crown. Provisions as to offences under two or more or laws. Measurement of distances for purposes of future Ordinances. Meaning of expression of time. Construction of statutory rules, etc. Construction of provisions as to exercise of statutory powers and performance of statutory duties. Exercise of statutory powers between passing and commencement of future Ordinances. General provisions with respect to power given to any authority to make rules. See Ordinance No. 3 of 1890. References to repealed enactments. Application of rules of interpretation, etc., to statutes generally. Mode of citing Acts of Parliament. Construction of Act of Parliament when extended to the Colony. Saving for past Ordinances.

A.D. 1897. Ordinance No. 24 of 1897. Short title. Interpretation of term. Rules as to gender and number. Application of penal enactments to bodies corporate. Interpretation of certain words and expressions in Ordinances passed after 22nd May, 1867. Construction of reference to public officer in past and future Ordinances. Rules for computation of time in past and future Ordinances. Meaning of 'oath,' 'swear,' and 'affidavit' in Ordinances passed after 22nd May, 1867. Effect of repeal of a repealing enactment. Effect of a repealing Ordinance which substitutes new provisions. General savings in cases of repeal by past or future Ordinances. Official definitions in past and future Ordinances. Judicial definitions in past and future Ordinances. Meaning of 'rule of court' in future Ordinances. Geographical and colonial definitions in future Ordinances. Meaning of 'statute' in future Ordinances. Meaning of 'commencement' in past and future Ordinance. Meaning of 'writing' in past and future Ordinances. Meaning of 'or' and similar words in future Ordinances. Meaning of 'statutory declaration' in past and future Ordinance. 5 & 6 Will. 4.c. 62. No. 8 of 1893. Meaning 'service by post' in future Ordinances. Ordinances to be public Ordinances. Amendment or repeal of Ordinance in same session. Mode of citing past and future Ordinances. Construction of preamble, etc., in past and future Ordinances. Division of Ordinance into pasts, etc. Form of suspending clause. References to the Crown in past and future Ordinances. General saving of rights of the Crown. Provisions as to offences under two or more or laws. Measurement of distances for purposes of future Ordinances. Meaning of expression of time. Construction of statutory rules, etc. Construction of provisions as to exercise of statutory powers and performance of statutory duties. Exercise of statutory powers between passing and commencement of future Ordinances. General provisions with respect to power given to any authority to make rules. See Ordinance No. 3 of 1890. References to repealed enactments. Application of rules of interpretation, etc., to statutes generally. Mode of citing Acts of Parliament. Construction of Act of Parliament when extended to the Colony. Saving for past Ordinances.

https://oelawhk.lib.hku.hk/items/show/703

KOWLOON GODOWNS TRAMWAYS ORDINANCE, 1897

ORINANCE NO. 7 OF 1897.

Kowloon Godowns Tramways

AN ORDINANCE to authorize the Hongkong and Kowloon
wharf and godown company, limited , to lay and main-
tain tramways on certain public roads at kowloon in
this colony,and to confer upon the said Hongkong and
kowloon wharf and godown company, limited, certain
other right, powers, and privileges.
[1st December, 1897.]
WHEREAS the Hongkong and kowloon wharf and godown
company, limited, whose registered office is at no.4 praya
central,victoria,Hongkong,is desirous of laying and maintaining
certain tramways, in addition to those already existing, for the purpose
of removing,storing,loading,and discharging cargo;and whereas the
said Hongkong and kowloon wharf and godown company, limited ,
has applied to the Government of the colony to confer upon it the
necessary powers for carrying out the construction and maintenance of
such tramways by means of an ordinance,and it is expedient that such
powers should be granted to the said Hongkong and Kowloon wharf
and godown company,limited , under and subject to the conditions,
restrictions, and provisions hereinafter contained:
BE it therefore enacted by the Governor of Hongkong , with the advice
and consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the kowloon godowns tramways
ordinance ,1897.
2.-(1) the Hongkong and kowloon wharf and godown company,
limit (hereinafter called the company), and its assigns may, subject
to the provisions of this ordinance and in accordance with plans and
specifications to be approved by the Governor-in-council from time to
time, lay down, maintain, renew, and remove all or any or either of
the tramways hereinafter mentioned and described, with all proper
signalling arragements, crossings , bridges , passing places ,sidings
junctions, turn-tables ,rails ,and conveniences connected therewith or for
the purposes thereof, and the company and its assigns shall have the
exclusive right to work and use the same:
provided always that such right shall not be deemed to prohibit the
use of the roads whereon such lines may be laid for ordinary traffic at
all times. (2) the tramways authorized by this ordinance are-
tramway No.1-a treble line 857 yards or thereby in length ,
commencing at a point in the praya opposite the northern
boundary of marine lot no.22, thence poceeding southward,
and terminating at a point in the praya aforeasid oppsite the
eastern boundary of marine lot no.9;
tramway No.2.-a double line 913 yards or thereby in length,
commencing at a point in the praya opposite the northern
boundary of marine lot no. 22, thence proceeding eastward
along the road between marince lot no.22 and the rpyal naval
yard to its junction with macdonnell road, thence proceeding
southward along macdonnell road , and terminating at a point
in the prays opposinte the eastern boundary of marine lot
no.9;
tramway No. 3-a dounle line 270 yards or thereby in length ,
commencing at a point in the praya on the line of tramway
no.1, thence proceeing eastward along elgin road , and ter-
minating at a point in the elgin road on the line of tramway
no.2 ; and
tramway No.5-a double line 13 yards or thereby in length ,
commencing at a point in macdonnell road 50 yards or thereby ,
south of the northern boundary of marine lot no. 20 , thence
proceeing in an easterly direction , and terminating at a point
in macdonnell road aforesaid 50 yards or thereby south of the
northern boundary of inland lot no.213:
provided always that were any tramways already existing are included
in the tramways authorized by this ordinance , such tramways already
existing shall , for the purposes of this ordinance, be deemed to have
been authorized by and to come under this ordinance.
3.before the commencement of the ocnstrution of any of the said
ramways not already constructed , the said company or its assigns
shall deposit in the office of the director of public works , for the
approval of the governor-in-council, plans and specifications showing in
detail the mode of construction of the said tramways and roadways or
such of them as the company or its assigns may then be desirous of
constructing, and none of the said tramways shall be commenced until
a notification in writing of such approval as aforesaid has been obtained. 4. where a treble or double line of tramway is hereby authorized to be
laid down, it shall not be compulsory upon the company or its assigns
to lay down a treble or double line, but it or they may , at its or their dis-
cretion, lay down in the first instance a sigle or double line of tramway
in lien, thereof respectively, and may , at the like discretion, from time to
time thereafter convert any then existing line into into a single or double or
treble line, where such double or treble line is authorized by this ordi-
nance.
5.the tramways authorized by this ordinance shall be constructed
on a gauge not exceeding two feet in width ,and with rails of such
material and type as shall, before being laid down, be approved of by
the director of publice works , and shall be laid and maintained in
sucb manner that the uppermost surface thereof shall be on a level
wiht the surface of the road :prjovided that the Governor-in-council
may from time to time require the company or its assigns to adopt
and apply, at its or their sole cost and charges, such improvement in or
additions to the said tramways and all appliances connected therewith ,
including the movtive pjower and trucks employed thereon, rails,sleeperes,
turn-tables, signalling arrangements, and substructure, as experience
may suggest, having regard to the greater secruity of the public and
advantage jto the ordinary traffic , and the comapny or its assigns
shall , with all reasonable despatch, comply with any order made by the
Governor-in-council for the purpose of carrying out any such improve-
ments .
6. the company and its assigns may from to time , for the
purpose of makiing , forming , laying down , maintaining, renewing,
altering, adding to , or removing any tramway authorized by this
any road, subject to the following regulations:-
(1) the company or its asigns shall give to the director of public
works notice of its or their intention, specifying the time at which
it or they will begin to do so and the portion of road proposed to be
opened or broken up, such notice to be given seven days at least
before the commencement of the work; and
(2) the company or its assigns shall not open or break up or alter the
level of any road, except wiht the authority, under the superin-
tendence, and to the satisfaction of the director of public works.
7-(1) when the company or its assigns has or have opened or
broken up any portion of any road, it or they shall be under the
following futher obligations, namely,-
(a) the company or its assignns shall , with all convenient speed,
complete the work on account fo which it or they opened or broke up the same , (and subject to the formation, maintaining , renewal,
or alteration of , addition to , or removal of the tramway ) fill in
the ground ,and make good the surface, and restore the road ,
to the satisfaction of the director of public works; and
(b) the company or its assigns fail to comply with this sec-
tion , it or they shall for every offence (wihtout prejudice to the enforce-
ment of the specific performance of the requirements of this ordinance or
to any other remedy against it or them ) be liable , on summary convictions ,
to a penalty not exceeding one hundred dollars ,and to a further penalty
not exceeding twenty-five dollars for each day during which any such
failure continues after the first day on which such penalty is incurred.
8.-(1) the company or its assigns shall maintain in good con-
dition and repair,aand at their proper level , so as not to be a danger or
annoyance to the ordinary traffic, the rails of which any of the tram-
way authorized by this ordinance for the time being consist, and
the turn-tables ad other appliances used in connexion with such
tramways , and the substructure upon which the same rest, together
with the roadway between the rails of each tranway and so much
of the roadway as extends outsid the rails of each tramway to a width
of eighteen inches ; and if the director of public works from time to
time or at any time hereafter alters the level of any road , bridge,or
culvert along or across which any fo the said tramways is laid , then and
in such event and so often as the same may happen the company or its
assigns shall , at its or their own expense, alter the rails so that the upper-
most surface thereof shall be on a level with the surface of the road,
bridge , or culvert as altered.
(2) if the company of its assigns makes or make default in complying
with this section , it or they shall for every offence be liable , on summary
conviction ,to a penalty not exceeding twenty-five dollars , and , in cast of
a continuing offence , to a further penalty not exceeding ten dollars for
every day after the first on which such default continues .
9.if , at any time after the comencement of the construction of any of
the tramways authorized by this ordinance , the company or its assigns
fails or fail to proceed therewith for a period of wix months , or , after the
completion thereof , discussor disuse the same or any part therof for six
months ,without affording the governor-in-council some satisfactory
reason for the discontinuance or disuse of such tramway, as the case may
be , it shall be lawful for the governor-in-council to abate and remove the
same , and restore the site to its former condition, at the cost of the
company or its assigns , and the amount of such cost shall be a debt due
to the government and recoverable against the compny or its assigns.
10. subject to the appoval of the governor-in-council being first
obtained (but not otherwise), the company and its assigns may ,
at any time and from time to time , sell, assign , or absolutely dis-
pose of the said trammways or any part or parts thereof and the rights
conferred by this ordinance to such person ,corporation, or company , by
public auction or private contract or partly by public auction and partly
by private contract, and with , under, subject to such terms and
conditions in all respects as the company or its assigns may think fit,
with power at any such sale to fix a reserve price for or buy in the same ;
and when any such sale , assignment , or absolute disposal has been made ,
all the rights , powers , authorities , obligations, and libilities of the
company and its assigns in respect to the said tramways, or the part
or parts thereof sold , assigned ,or absolutely disposed of , shall be trans-
ferred to and vested in, and may be exercised by , and shall attach to the
person, corporation, or company ot whom the same has or have been sold ,
assigned, or absolutedly disposed of , in like manner as if the said tramways
or part or parts thereof , or the rights hereby conferred , sold , assigned,
or absolutedly disposed of , was or were constructed by such person , cor-
porations , or company under the powers conferred upon him or it by
this ordinance , and in reference to the same he or it shall be deemed
to be the company or its assigns.
11. subject ot the approval of the governor-in-council being first
obtained (but not otherwise) , the ocmpay and its assigns may , at
any time and from time to time , demise the said tramways , together
with the rights, powers , and privileges conferred by this ordinance or
any part or parts thereof , to such person , corporation , or company ,for
such term or terms , or from year to year, or for any less period,
and for suhc rent or rents , and on such terms and conditions in all
respects as the company or its assigns may think fit to adopt, to take
affect either in possession or reversion and either with or without a
premium or premiums as consideration or considerations for such de-
mise or demises.
12. it shall be lawful for the company and its assigns , at any time
and from time to time , to borrow money on mortgage of all or any
part of the said tramways , together with the rights , powers ,and privi-
leges conferred by this ordinance , and for that purpose to assign or
demise , by way of mortgage , all or any portion of the said tramways
to any person ,corporation , or company , and to enter into all such cove-
nants ,provisoes, declarations,and agrrements as the company or its
assigns may think fit and proper. 13. the rights , powers ,and privileges granted by this ordinance to
the company and its assings shall continue in force for twenty years
to be computed from the 23rd day of September,1884 : provided always
that the governor-in-council may form time to time, so often as the
governor-in-council may think it expendient , by order to be published
in the gazette, declare that the duration of such rights , powers ,and
privileges shall be extended for any further term or terms ,not exceeding
ten years at a time , and thereupn such rights , powers and privileges
shall continue in force for such extended period .
14.-(1) on the cessation of the rights , powers, and privileges granted
by this ordinance, it shall be at the option fo the governor-in-council
to purchase the tramways and works authorized by this ordinance from
the company or its assigns for a price which shall be exclusive of any
allowance for past or past or future profits of the undertaking or ay compen-
sation for compulsory sale , to be determined , in case of difference, by two
arbitrators to be nominated one by the governor-in-council and the
other by the company or its assigns ; and ,in case the said arbitrators
cannot agree , by an umpire to be agreed upon between them .
(2) if the governor-in-council does not exercise the option to buy
within one month of such cessation as aforesaid , the company or its
assigns shall, at its or their own expense , remove the said tramways and
works and restore the site thereof to its former condition ,and, in the
event of its or their failure to do so within one ywar of the date of such
cessation ,it shall be lawful for the governor-in-council to abate and
remove the same , and restore the site thereof to its former condition, at
the cost of the company or its assigns, and the amount of such cost
shall be a debt due to the government and recoverable against the
company or its assigns accordingly .
15. nothing in this ordinance shall deemed to alter or affect the
provisions of any enactment for the time being in force conferring powers
upon the director of public works with respect to stopping or otherwise
dealing with streets and roads.
16.nothing in this ordinance , otherwise than as specially enacted
herein , shall be construed to interfere in any way with any existing
rights in or in relation to ay land or any bridge or culvert on or over
which the said tramways are to be constructed or the lands or foreshore
adjoining the same ; and the rights ,powers ,and privileges granted by
this ordinance are so granted , saving and reserving always the rights of
her majesty,and of all bodies polite and corporate, and of all other
persons and those claiming by,from, and under them , except as herein
otherwise provided.
17. it shall be lawful for the company and its assigns from time to
time to make suhc rules and regualtatios as may be necessary for the use
and due maintenance of the said tramways : provided always that no
such rules and regulations, nor any repeal or variation thereof, shall come
into force until the same have been approved by the governor-in-council
and have been published in the gazette.
18. every person who commits a breach of any of the rules and regu-
lations made in pursuance of this ordinance shall, on summary convic-
tion, be liable to a penalty no exceeding fifty dollars.
19. In all proceedings before any court, the rules and regulations in
force for the time being under this ordinance shall be sufficiently proved
by the production of a copy the gazette in which the same are pub-
lished and contained.
20. If the company or its assigns fails or fiail to make or vary such
rules and regulation as, in the opinion of the governor-in-council, are
requisite for the protection of the rights of the inhabitants of the colony
or for the public safety, the governor-in-council may make an order, to
be served on the company or its assigns, limiting a time for the
making or varying of such rules and regulaitons, and if such rules and
regulations are not made or varied by teh time prescribed in such order,
the governor-in-council may make or vary suhc rules and regulations,
which, when made or varied and published in the gazette, shall have
the same force and effect as if they were specially enacted herein.
21. The company and its assigns shall from time to time cause to
be painted on boards , or to be printed and attached in large and legible
characters, in English and Chinese, a statement of the rules and
regulations in force , and shall cause such boards containing such
statement to be fixed on some conspicuous part of its or their premises.
A.D. 1897 Ordinance No. 18 of 1897, with Ordinances No. 9 of 1898 and No. 23 of 1900 incorporated. Short title. Power to Hongkong and Kowloon Wharf and Godown Company, Limited, to construct and maintain certain tramways at Kowloon. Deposit of plans before commencement of construction. Power to vary description of line. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails, roads, etc., at their proper level and in good condition. Power for Governor-in-Council to abate and remove tramways in certain events. Power to sell tramways. Power to demise tramways. Power to mortgage tramways. Duration of the Ordinance. Cessation of powers, etc., granted by the Ordinance. Saving of power to stop roads, etc. Saving of existing rights in relation to land, etc. Power to Company to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.

A.D. 1897 Ordinance No. 18 of 1897, with Ordinances No. 9 of 1898 and No. 23 of 1900 incorporated. Short title. Power to Hongkong and Kowloon Wharf and Godown Company, Limited, to construct and maintain certain tramways at Kowloon. Deposit of plans before commencement of construction. Power to vary description of line. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails, roads, etc., at their proper level and in good condition. Power for Governor-in-Council to abate and remove tramways in certain events. Power to sell tramways. Power to demise tramways. Power to mortgage tramways. Duration of the Ordinance. Cessation of powers, etc., granted by the Ordinance. Saving of power to stop roads, etc. Saving of existing rights in relation to land, etc. Power to Company to make rules and regulations.
Penalty for breach of rules and regulations.
Proof of rules and regulations.
Power to Governor-in-Council to make rules and regulations in certain events.
Exhibition of rules and regulations.

https://oelawhk.lib.hku.hk/items/show/702

INFECTED MILK ORDINANCE, 1897

ORDINANCE NO. 6 OF 1897.

Infected milk

AN ORDINANCEto prevent the spread of infectios disease
arising from the comsumption of contaminated or un-
wholesome milk.
[18th September,1897.]
BE it enacted by the Governor fo Hongkong, with the advice and
consent of the legistative council thereof, as follows:-
1. this ordinance may be cited as the infected milk ordinance, 1897,
2. in this ordinance, unless the context otherwise requires, -
' dairy' includes any farm, farm-house , cowshed , mild-store , milk- shop, or other place from which milk is supplied or in which milk is
kept for purposes of sale :
'dairyman' includes any cowkeeper, purveyor of milk, or occupier
of a dairy,and, in any case where a dairy is owned by a corporation
or company, the secretary or other person actually managing sucb
dairy:
' infectious disease' means and includes any of the following
diseases:--small-pox, bubonic plague,cholers,diarrhoea,
diphtheria, scarlet fever,typhus fever,enterio fever,relapsing fever,
measles, and whooping cough :
'medical officer of health ' includes any person duly authorized
by the Governor to act temporarily as medical officer of health
and any person duly appointed as assistant medical officer of
health:
'colonia veterinary surgeon' includes any person duly authorized
by the Governor to act temporarily as colonial veterinary surgeon.
3-(1) whenever the medical officer of health is of opinion or has
reason to suspect that any person in the colony is suffering from an
infectious disease, attributable to milk supplied, within the colony, from
any dairy situate within the colony,or that the comsumption of milk
from such dairy is likely to cause infectious disease to any person residing
in the colony,he shall have power to inspect such dairy, and to
medically examine any person residing or employ therein whom he
may suspect to be suffering from an infectious disease,(unless such
person produces a certificate in writing from a duly qualified medical
practitioner that he is not suffering from an infectious disease), and , if
accompanied by the colonial veterianay surgeon,he may inspect and
examine the animals therein and the carcasses of any animals that may
have died therein, and if, on such inspection and examination of the
dairy or of the animals or carcasses therein, or on examination or analysis
of the milk supplied from such dairy, or on examination of any person
employed or residing therein, or on investigation of the sources of the
milk supplied to such dairy , the medical officer of health is satisfied
that infectious disease is caused or may be caused by the consumption
of the milk supply therefrom, he shall report forthwith to the colonial
secretary , for the information of the Governor, and the colonial
secretary shall thereupon give notice to the dairyman to shall cause in
writing,within such time,not being less than twenty-four hours,as may
be specified in the notice, why an order of the Governor-in-council
should not be made requiring him not to supply any milk from such
dairy until such order has been withdrawn; and if , in the opinion of
the Governor-in-council, he fails to show good cause,then the governor-
in-council may make such order as aforesaid.


(2)A copy of the order shall be furnished to the dairyman and
the order shall also be published in The Gazette.
(3)An order made by the Governor-in Council in pursurance of this
Ordinance shall be withdrawn on the Medical Officer of Health reporting
to the Colonial Secretary that he satisfied that the milk supply has
been changed or that the cause of the infection has been removed
Provided always that no dairyman shall be liable to an action for breach
of contract if the breach is due to an order of the Governor-in-Council
made under this Ordinance.
4.Every person who-
(1)refuses to permit any inspection or examination authorized by this
Ordinance; or
(2)wilfully obstruct any authorized officer in carrying out any the pro-
voision of this Ordinance; or
(3)refuses or neglect to forthwith comply with or to carry out the any
order of the Governor-in-Council made under this Ordinance ,
shall on summary conviction before a Magistrate be liable to a penalty
not exceeding five hundred dollars and if the offenceis a continuing
one, to a daily penalty not exceding fifty dollars a day so long as the
offence continues.
5.Any dairyman who allows any person suffering from an infectious
diseases or who has recently been in contract with a perosn so suffering
to milk cows buffaloes, or goats or to handle vessels used for containing
milk for sale, or in any way to take part or assist in the conduct of the
trade of the dairy,so far as regards the production,distribution , or storage
of milk, or to reside in any part of the dairy that is used for the housing
of the cattle or goats or for the storage of milk ,and any daiyman who,
while he himself is so suffering or has recently been in contact with any
person suffering from an infectious disease,milks,cows, buffaloes, or goats,
or handles vessels containing milk for sale,or in any way takes part or
assists in the conduct of his trade, so far as regards the production, dis-
tribution , or storage of milk, or resides in any part of his dairy that is
used for the housing of the cattle or goats or for the storage of milk,
shall, on summary conviction before a magistrate, be liable to a penalty
not exceeding one hundred dollars:provided that it shall be a sufficient
defence if such dairyman proves that he did not know, and had no reason
to suspect , that he or such person ,as the case may be, was suffering
from an infectious disease.
A.D. 1897. Ordinance No. 17 of 1897. Short title. Interpretation of terms. Power to inspect dairy in certain cases and to prohibit supply of milk. Penalty on person refusing to permit inspection, etc. Penalty on dairymaid allowing infected person to milk animal, etc.

A.D. 1897. Ordinance No. 17 of 1897. Short title. Interpretation of terms. Power to inspect dairy in certain cases and to prohibit supply of milk. Penalty on person refusing to permit inspection, etc. Penalty on dairymaid allowing infected person to milk animal, etc.

https://oelawhk.lib.hku.hk/items/show/701

COLONIAL SURGEON'S (CHANGE OF NAME) ORDINANCE, 1897

ORDINANCE NO. 5 OF 1897.

Colonial Surgeon's (Change of Name)

AN ORDINANCE to give Effect to the change in the name
and style of the office heretofore known as that of
the colonial surgeon.
[30th June,1897.]
WHEREAS the Governor has been pleased to direct that the officer
appointed to succeed the late colonial surgeon of this colony
shall be known as and styled ' The Principal Civil Medicall Officer,'
and it is expedient to give effect to such direction:
be it therefore enacted by the Governor of Hongkong, with the advice
and consent of the legislative council thereof, as follows:-
1. this ordinance may be cited as the Colonial Surgeon's (Change of
Name) ordinance,1897.
2. whenever, in any ordinance, of the Governor-in-council,
order of the Governor, rule, regulation , minute, by-law, deed, contract,
official letter, or other document, the expression 'colonial surgeon' occurs,
and, in order to give effect to such ordinance, order-in-council, order
of the Governor, rule, regulation, minute, by-law, or other document as
aforesaid, it is necessary to substitute the expression ' principal civil
medical officer,' such ordinance, order-in-council, order of the Gov-
ernor, rule, regulation, minute, by-law, and other document shall be
read and construed accordingly.
A.D. 1897. Ordinance No. 11 of 1897. Short title. Construction of Ordinances and other documents where expression 'Colonial Surgeon' occurs.

A.D. 1897. Ordinance No. 11 of 1897. Short title. Construction of Ordinances and other documents where expression 'Colonial Surgeon' occurs.

https://oelawhk.lib.hku.hk/items/show/700

PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

ORDINANCE NO. 4 OF 1897

Protection of Women and Girls

AN ORDINCANCE to consolidate and amend the Laws relating
to the protection of Women and Girls.
Be it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Concil thereof, as follows:-
1 This ordinance may be cited as the Protection of Women and Girls
Ordinance, 1897.
2. In this Ordinance, unless the context otherwise requires,
'Brothel' means a house, room, junk, boat, or other place occupied,
frequented, or used by any two or more females for the purpose of
prostitution:
'Owner of premises' means the person for the time being receiving
the rent or a consideration for the use of premises, wherthe on his
own account or as agent or trustee for any other person, or who
would receive the same if such place were let to a tenant:
'Occupier of premises' means the person in actual occupation of
any premises:
'Keeper' includes any person having or appearing to have the
management or control of the premises in question. PART I
OFFENCES, ETC.
3 Every person who-
(1) takes part in bringing into or taking away from the Colony, by
force, intimidation, or fraud, any woman or girl for the purpose of
prosititution either within or without the Colony; or
(2) takes part in bringing, taking, decoying, or enticing any woman
or girl into or away from the Colony, with intent to sell, pledge, let
out to hire, purchase, take in pledge, take on hire, or otherwise
dispose of such woman or girl, for the purpose of prostitution
either within or without the Colony; or
(3) takes part in bringing, taking, decoying, or enticing any woman
or girl into ir away from the Colony, for the purpose of prostitution
either within or without the Colony, knowing that such woman or
girl has been sold, pledged, let out to hire, purchased, taken in
pledge, or taken on hire; or
(4) takes part in selling, pledging, letting out to hire, purchasing,
taking in pledge, taking on hire, or otherwise disposing of any
woman or girl, for the purpose of prostitution either within or
without the Colony; or
(5) knowingly dervies any profit from the sale , pledge, hire, purchase,
taking in pledge, taking on hire, other disposal of any woman
or girl who has been sold , pledged,let out to hire, purchased , taken
in pledge,taken on hire, or otherwise disposed of for the purpose
of prostitution either within or without the colony ,
shall be guilty of a misdemeanor:
provided that, in any prosecution under paragraph (3) of this section ,
where it is proved , to the satisfaction of the jury or of the magistrate,
as the case may be, that the woman or girl had, in fact,been sold ,
pledged, let out to hire, purchased, taken in pledge, or taken on hire,
knowledge thereof by the accused shall be presumed,unless he satisfies
such jury or magistrate that he had not such knowledge .
4.-(1) every person who-
(a) procures or attempts to procure any female under sixteen years
of age, not being a common prostitute or of known immoral
character, to have unlawful carnal connexion, either within or
without the colony ,with any other person ; or
(b) procures or attempts to procure any woman or girl to become
either within or without the colony , a common prostitute ; or (c) procures or attempts to procure any woman or girl to leave the
colony, with intent that she may become an inmate of a
brothel elsewhere; or
(d) procures or attempts to procure any woman or girl to leave her
usual place of abode in the colony,(such place not being a
brothel ), with intent that she may , for the purpose of
prostitution, become an inmate of a brothel within or without
the colony,
shall be guilty of a misdemeanor.
(2) no person shall be convicted of any offence under any of para-
graphs (b),(c),and (d) of the last preceding sub-section on the evidence
of one witness only,unless such witness is corroborated in some material
particular by evidence implicating the accused .
5. every person who carnally knows or attempts to have carnal
knowledge of any unmarried girl,being of or above the age of twelve
years and under the age of sixteen years, shall be guilty of misde-
menor : provided that, where both parties are asiatics, a girl shall not be
deemed unmarried within the meaning of this ordinance if she is duly
married according to the laws and customs of the native country of the
girl:provided,also, that it shall be a sufficient defence to any charge
under this section if it made to appear to the court or jury before
whom the charge is brought that the person so charged had reasonable
cause to believe that the girl was of or above the age of sixteen years:
provided,also, that no prosecution shall be commenced for an offence
under htis section more than three months after the commission of the
offence.
6.-(1) every person who carnally knows any girl under the age of
twelve years , whether he is married to her or not,shall be guilty of
felony,and,being convicted thereof, shall be liable to imprisonment,
with or without hard labour, for life or for any less term.
(2) every person who attempts to have carnal knowledge of any girl
under the age of twelve years,whether he is married to her or not,shall
be guilty of a misdemeanor.
7.-(1) every person who commits an indecent assault upon any
female shall be guilty of a misdemeanor.
(2) it shall be no defence to a charge or indictment for an indecent
assault upon a girl under the age of thirteen years to prove that she
consented to the act of indecency.
8.-(1) every person who detains any woman or girl against her
will-
(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or
generally ; or
(b) in or upon any premises for an immoral purpose or for the
pupose fo emisgration ; or
(c) in any brothel,
shall be guilty of a misdemeanor .
(2) for the purposes of this sectioin, a person shall be deemed to detain
such woman or girl in or upon such premises or in such brothel, not only
where force, intimidation , or fraud is used , but also if , with intent to
compel or induce her to remain in or upon such premises or in such
brothel, such person withholds from such woman or girl any wearing
apparel or other property belonging to her, or , where wearing apparel
has been lent or otherwise supplied to such woman or girl by or by the
direction of such person, such person threatens such woman or girl with
legal proceedings if she takes away with her the wearing apparel so lent
or supplied.
(3) no legal proceedings , whether civil or criminal , shall be taken
aginst any such woman or girl for taking away or being found in
possession of any such wearing qpparel as was necessary to enable her to
leave such premises or brothel.
9-(1) every person who,-
(a) by threats, intimidation, false pretences , false representations,
or other fraudulent means , procures ro attempts to procure any
woman or girl to have unlawful carnal connexion, either within
or without the colony; or
(b) applies , adinisters to , or causes to be taken by any woman or
girl any drug, matter , or thing , with intent to stupefy or over-
power so as thereby to enable any perosn to have unlawful
carnal connexion with such woman or girl,
shall be guilty of a misdemeanor .
(2) no person shall be convicted of an offence under this section on
the evidence of one witness only, unless such witness is corroborated in
some material particular by evidence implicating the accused .
10. every person who unlawfully and carnally knows , or attempts to
have unlawful carnal knowledge of , any female idiot or imbecile woman
or girl, under circumsstances which do not amount to rape ,but which
prove that the offender knew , at the time of the commission of the
offence , that the woman or girl was an idiot or imbecile, shall be guilty
of a misdemeanor .
11. every person who, being the owner or occupier of any premises
or having , or acting or assisting in , the management or control thereof, induces or knowingly suffers any girl of such age as is mentioned in this
section to resort to or be in or upon such premises for the purpose of
being unlawfully and carnally known by any man , whether such carnal
knowledge is intended to be with any particular man or generally,
shall,-
(1) is such girl is of or above hte age of twelve years and under the
age of sixteen years , be guity of a mis demeanor ; and ,
(2) if such girl is under the age of twelve years, be guilty of felony,
and , being convicted thereof , shall be liable to imprisonment , with or
wihtout hard labour , for life or for any less term :
provided that it shall be a sufficient defence to any charge made
under this section if it is made to appear to the court or jury before
whom the charge is brought that the person so charged had reason-
able cause to believe that the girl was of or above the age of sixteen
years.
12.-(1) every person who , being the occupier or keeper of any
brothel, permits any woman suffering from any contagious disease to be
or remain in such brothel for the purpose of prostitution shall be guilty
of an offence, and shall , on conviction before the supreme court or a
magistrate , be liable to a penalty not exceeding five hundred dollars , or
to imprisonment ,with or without hard labour , for any term not exceeding
one year , or to both and if any person , not being a natural-born
or naturalized british subject , who has been previously convicted of an
offence under this section, is again found guilty of such an offence, the
governor-in-council may issue an order banishing such person from the
colony under any banisment laws which may from time to time be in
force in the colony.
(2) in the case of any prosecution under this section , it shall not be
neccessary for the prosecution to prove3 that such occupier or keeper as
aforesaid knew that the woman was suffering from a contagious disease,
but such knowledge shall be presumed by the court or magistrate, unless
such occupier or keeper satisfies the court or magistrate that he had not
such knowledge .
(3) in any proceedings under this section , proof that any wwoman in
such brothel is or was suffering from veneral disease shall be deemed
sufficient evidence , until the contrary is proved , that she is or was in
such brothel for the purpose of prostitution.
13-(1) on complaint made before a magistrate by the captain
superintendent of police of by the registrar general that any house
be portion thereof is used as a lodging-house for prostitutes or disorderly
persons or as a brothel, it shall be lawful for the magistrate to issue a
summons to the occupier or keeper of the house or portion thereof of which complaint is made; and , on the hearing of the case , if the magis-
trate is satisfied that the house or some portion thereof is used in the
manner complained of , he may order the occupier or keeper to discontinues
such use of it ; and if such order is not complied with within such time,
as the magistrate may by his order direct, the magistrate may impose
upon such occupier or keeper a fine not exceeding fifty dollars for every
day that the house or any portion thereof may be so used after the time
directed by the magistrate's order .
(2) the provisions of the magistrates ordinance , 1890,relating to
summary procedure shall apply to proceedings under this section .
(3) the provisions of this section shall be in addition to those con-
tained in the disorderly houses suppression ordinance, 1894.
14. after the use fo any premises as lodging-house for prostitutes
or disorderly persons or as a brothel has been discontinued under the
provisions of the last preceding section, the immediate landlord for the
time being, or , if such landlord is absent from the colony or under any
disability , his attorney or agent , or , in the case of a corporation or com-
pany which is the immediate landlord , the secretary or manager thereof
for the time being , shall, if such premises are found to be again in use as
a lodging-house for prostitutes or disorderly persons or as a brothel, be
liable , on summary conviction before a magistrate , to a penalty ,not
exceeding five hundred dollars and , in defaulty of payment thereof , to
imprisonment , with or without hard labour , for any term not exceeding
one year; provided , nevertheless, that if suhc landlord , or attorney or
agent , or secretary or manager either makes such complaint to a magistrate
as is mentioned in the next succeeding section , within such time as the
magistrate may consider to be reasonable, or else proves , to hte satisfaction
of the magistrate , that neither be nor the person employed by him or on
his behalf to collect the rent of such premises knew ro had reasonable
means of knowing that such premises were being so used as aforesaid , then
and in such case the magistrate shall not convict under this section.
15. on complaint made to a magistrate by such landlord , or attorney
or agent, or secretary or manager as is mentioned in the last preceding
section to the effect that any premises , the use of which as a lodging-
house for prostitutes or disorderly persons or as brothel has been dis-
continues under hte provisions fo section 13 ,are again in use as a
lodging-house for prostituts or disorderly persons or as a brothel , the
magistrate may , if the thinks fit , make an order(which shall be recog-
nized and give effect to in any proceeding any court in the colony)
absolutely putting an end to any existing tenancy of such premises as of
the date of such order ,and thereupon any tenancy so put an end to shall
absolutely cease and determine on such date for all purposes , and any occupier or tenant of such premises may thereafter be treated by such
lanlord, or attorney or agent , or secretary or manager as a trespasser
on such premises.
16.any european officer of police , not being below the rank of
sergeant , who is generally authorized in writing for that purpose by the
captain superintendent of police, and any person who is generally
authorized in writing for that purpose by the registrar general, may at
all times , without notice, enter and demand to see and interrogate any or
all the inmates fo any place on land or water which he may have reason
to believe is used as a lodging-house for prostitutes or disorderly persons
or as a brothel or in connexion with which he may have reason to
believe that an offence has been committed under this ordinance,
17-(1) every male person who-
(a) knowingly lives wholly or in part on the proceeds of prostitu-
tion; or,
(b) in any public place, persistly solicits or importunes for
immoral purposes ,
shall , on conviction, be liable to imprisonment, with or without hard
labour,for any term not exceeding three months .
(2) if it is made to appear to a magistrate, by information upon oath ,
that there is reason to suspect the any house or any part of a house is
used by a female for the purposes of prostitution and that any male
person residing in or frequenting the house is living wholly or in part
on the earnings of such prostitute, the magistrate may issue a warrant
authorizing any police officer or constable to enter and search the house
and to arrest such male person .
(3) when a male person is proved to live with or to be habitually in
the company of a prostitute and has no visible means of subsistence, he
shall, unless he can satisfy the court to the contrary, be deemed to be
knowingly living on the earnings of prostitution.
(4) any person, not being a natural-born or naturalixed british sub-
ject, who is convicted of an offence under this section may be banished
from the colony by an order of the governor-in-council made under
any banishment laws which may form time to time be in force in the
colony.
18.every person who-
(1) receives or harbours any woman or girl, knowing that such woman
or girl has , by force , intimidation , or fraud, been brought into or is
about to be taken away from the colony;or
(2) receives or harbour any woman or girl,with intent that such
woman or girl should be sold , pledged , let out to hire , purchased,
taken in pledge , taken on hire , or otherwise disposed of for the
purpose of prostitution , either wihtin or wihtout the colony;or
shall be guilty of a misdemeanor.
19.every person who-
(1) receives or harbours any girl under the age of sixteen years ,
knowing that suhc girl has been procured for the purpose of
having unlawful carnal connexion with any other perosn, and with
intent to aid such purpose; or
(2) receives or harbours any woman or girl , knowing that such woman
or girl has been sold ,pledged ,let out to hire , purchased , or other-
wise disposed of , either within or without the colony, for the pur-
pose of prostitution , and with intent to aid such purpose ,
shall be guilty of a misdemeanor .
20. every person who, by force, intimidation,or any fraudulent means
brings , takes ,decoys , or entics any woman or girl into or away from
the colony for the purpose of emigration shall be guilty of a mis-
demeanor.
21.-(1) every person who commits the crime of rape shall be guilty
of felony, and , being convicted thereof,shall be liable to imprisonment ,
with or without hard labour, for life or for any less term.
(2) every person who induces a married woman to permit him to have
carnal connexion with her by personating her husband shall be deemed
to be guilty of rape.
22. when any woman of any age has any interest, wheter legeal or
equitable , present or future , absolute , conditional , or contingent , in any
real or personal estate , or is a presumptive heirness or co-heiress or pre-
sumptive next of kin, or one of hte presumptive next of kin , to anyone
having such interest ,every person who, from motives of lucre,takes
away or detain such woman againgst her will, with intent to marry or
carnally know her or to cause her to be married or carnally known by
any other perosn , shalll be guilty of felony ,and , being convicted thereof,
shall be liable to imprisonment , with or without hard labour , for any
term not exceedign fourteen years .
23.every person who fraudulently allures , takes away , or detains
any suhc woman as is mentioned in the last preceding section, being
under the age fo twenty-one years, out of the possession and against the
will of her father or mother or of any otehr person having the lawful
care or charge of her ,with intent to marry or carnally know her or to
cause her to be married or carnally known by any other person, shall be
guilty fo felony, and , being convicted thereof , shall be liable to imprison- ment , with or without hard labour , for any term not exceeding fourteen
years.
24. every person who is convicted of any offence against the last
two preceding sections sahll be incapable of taking any estate or in-
terest , legal or equitable , in any real or personal estate fo such woman,
or in which she has any scuh interest , or which comes to her a such marriage
heirness, coheiress, or next of kin as aforesaid ; and, if any such marriage
as aforesaid has taken place, scuh property shall , on such conviction , be
settled in such manner as the supreme court may ,on any information
at the suit of the attorney geneal , appoint.
25. evey person who by force takes away or detains against her will
any woman of any age , with intent ot marry or carnally know her or to
cause her ot be married or carnally known by any other person, shall be
guilty of felony, and , being convicted thereof , shalll be liable to im-
prisonment , with or without hard labour , for any term not exceeding
fourteen years.
26. every person who unlawfully takes or causes to be taken any
unmarried girl, being under the age of sixteen years , out of the
possession and against the will of her father or mother or of any other
person having the lawful care or charge of her shall be guilty of a
misdemeanor.
27. when a person is charged wiht an offence under this ordinance,
or under section 26 or section 45 of the offences against the person
ordinance, 1865, in respect of a girl or child who is alleged in the
charge or indictment to be under any specified age, and such girl or
child appears to the presiding magistrate or judge to be under that age,
such girl or child shall, for the purpse fo the enactment under which
the charge or indictmetn is broughet, be deemed to be under that age ,
unless the contrary is proved .
28.every person charged with any offence under this ordinance, and
the husband or wife , if any , of the person so charged, shall be competent
but not compellable witnesses on every hearing at every stage of such
charge .
29. no summary conviction under this ordinance shall be quashed
for want fo form of be removed by certiorari, and no warrant fo com-
mitment shall be held void by reason fo any defect therein, provided it
is therein alleged that the party has been convicted and there is a good
adn valid conviction to sustain the same.
30. every person who is convicted of any misdemeanor under this ordinance shall be liable to imprisonment, with or without hard labour
for any term not exceeding two years; provided always that if the
case is determined hy a single magistrate instead of being , in his dis-
cretion, sent for trial, he shall not impose a heavier sentence than one
year's imprisonment , with or without hard labour, and that , where there
appears a necessity for a heavier sentence, the case shall be committed
for trial at the supreme court .
31. whenever any person is convicted,either summarily or before
the supreme court, of any offence against any of the provisions fo
section 3 to 11 , both inclsive, or of section 18 to 20 , both inclusive , it
marily or before the supreme court ,of an offence against the same or
any other of the said sections or against the corresponding provisions
of any ordinance hereby repealed , it shall be lawful for the magistrate
or court , in his or its discretion , ot direct that , in addition to the
punishment hereinbefore prescribed , the offender , if a male , be once
whipped , subject to the provisions of any ordinance for the time being
in force for the regulation of whipping.
32. no parent or person acting in the place of a parent who has
voluntarily parted wiht a girl for the purpose fo adoption into another
family , or who has received money for the parting with the custody fo
such girl for any other purpose , shall be deemed to be entitled as of right
to the custody of such girl as her parent or as the person acting in
the place of her parent .
PART II
POWERS OF REGISTRAR GENERAL .
33.whenever the registrar general has reason to believe-
(1) that any woman or girl has been bro0ught into the colony, either
after having been purchased or by force , intimidation , fraud , mis-
representation , or any false pretence,-
(a) for immoral purposes ; or
(b) for purposes fo emigration ; or
(2) that any woman or girl has been purchased in the colony with a
view of being trained or disposed of as a prostitute, or is being
detained against her will-
(a) for immoral purposes;or
(b) for purpose of emigration; or
(3) that , in any case within paragraph (1) or paragraph(2) of this
section , any woman or girl , from fear , ignorance, or any other cause, is unwilling or unable to disclose the true circumstances of
the case,
a may inquire into the case , and may require any person in whose
custody or under whose control she appears to be to furnish a photograph
of such woman or girl and security in a reasonable amount , to the
satisfaction of the registrar general , that such woman or girl shall not
have the colony without the previous consent in writing of the registrar
general , that she shall not be trained or disposed of as a prostitute or
for immoral purposes , and that she shall be produed before the registrar
general whenever he so requires .
34.-(1) in default of such photograph and security being furnished ,
the registrar general may , by warrant under his hand, order that such
woman or girl be removed to a place of refuge, where she remain
until she can be returned to the place of refuge , where she shall remain
proper provision can be made for the protection of her interests and
liberty .
(2) the security to be furnished under this section shall be a personal
bond , with one or more sureties,in the form in the schedule to this ordi-
nance or in such other form as may for the time being be prescribed
by the governor-in-council.
35.-(1) the register general,if, after due inquiry,he is satisfied
that any girl is being used for immoral purposes or is being trained for
such purposes and that such girl is under the age of sixteen years , may,
by warrant under his hand and seal, order such girl to be removed to a
place of refuge , where she shall be detained until further order or until
she attains the age of ninteen years , or marries , or is adopted , which-
ever event first happens.
(2) a girl found living in or frequenting a brothel shall be deemed
to be a girl who is being trained for immoral purposes .
36.every woman or girl residing in such place of refuge as is
referred to in the last two preceding sections shall be subject to such rules
and regulations as may be made by the governor-in-council ; and every
woman or girl who, contrary to such rules and regulations , leaves any
such place of refuge in which she is residing may be arrested and taken
back to such place by any police officer or by any officer appointed under
this ordinance and specially authorized by the registrar general in
writing in that behalf.
37.-(1) everly person who induce or assists any woman or girl
so detained as aforesaid to leave , contrary to such rules and regulations
as aforesaid , the place of refuge in which she is residing , or knwingly
harbours any such woman or girl, shall, on summary conviction before a magistrate, be liable to a penalty not exceeding one hundred dollars
to imprisonment, with or without hard labour , for any term not exceed-
ing three months .
(2) every person who, without just cause (the onus fo proving which
shall lie on him),communicates or attempts to communicate with any
woman or girl so detaiined as aforesaid, or induces or attempts to induce
any such woman or girl to break such rules or regulations or any of
them, shall be liable to the punishment mentioned in the last preceding
sub-section .
38.in any action which may hereafter be brought for the recovery
fo any sucm dur on any promise or agreement which , before the 13th
day of April,1887, (being the date fo the commencement of ordinance
no. 9 of 1887, entitled ' an ordinance foe the better protection of
young girls ') , has ben entered into before the registrar general with
respect to the custody , maintenance, or giving in marriage of any female
child, it shall not be necessary for the plaintiff in such action to allege
or to prove that any consideration was given for the said promise or
agreement , and it shall not be competent for the defendant in such
action to allege in defence that the registrar general had no authority
or power to require such promise or agreement from him or that no
consideration was given for the same.
39-(1) the registrar general ,and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to searce any ship, boat ,house, building
or other place , where he has reasonable cause to suspect that there is
any woman or girl who is or may be liable to be dealt with under the
provisions of this ordinance or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place of refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to search any ship, boat, house , building
or other place, where he has reasonable cause to suspect that there is
any woman or girl who is or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place jof refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power to search any ship , boat , house , building , or other place, for
the purpose fo ascertaining whether there is therein any woman or girl
who is or may be liable to be dealt with under the provisions of this
ordinance or whether any offence under this ordinance is being com-
mitted, and may remove any such woman or girl to a place of refuge, to
be there detained until her case is inquired into .
40.-(1) the registrar general shall have power by notice in
writing under his hand,summon before him any person who he may
have reason to believe can give any information respecting any woman or girl mentioned in this part , and respecting the treatment of such
woman or girl, or respecting any inmate of a brothel.
(2) every person who,-
(a) on service of sucb notice , does not appear at the time and place
therein mentioned ; or
(b) fails to produce all documents in his custody ,possession, or
power relating to such woman or girl and to answer truthfully
all questions which the registrar general may put to him re-
specting such woman or girl or in any way relating to the
matter being inquired into ; or
(c) without reasonable excuse (proof whereof shall lie on him),
refuses or neglects to produce such woman or girl when so
required by the registrar general,
shall, on summary conviction before a magistrate , be liable to a penalty
not exceeding one hundred dollars or to imprisonment, with or without
hard labour,for any term not exceeding three months .
41. all summonses, notices, and other documents required to be
served under this ordinance on behalf of the registrar general shall be
deemed validly and sufficiently served if served on or left with the person
intended to be served or,if served on or left at his last known
place of abode or busines by any person authorized in that behalf by
the registrar general.
42. every warrant purporting to be issued in pursuance of this
ordinance,or heretofore issued under any ordinance repealed by this
ordinance,and purporting to be under the hand of the registrar
general, shall be received in evidence of the facts therein stated ,
and all acts done in pursuance of such warrant shall be deemed to have
been authorized by law .
43. the place in which the registrar general shall sit in discharge
of his duties shall be such place as may from time to time be appointed
for that purpose by the governor.
PART III
GENERAL PROVISIONS.
44- (1) the governor may appoint such officers as may be necessary
for carrying out the provisions of this ordinance ,and may make rule to
regulate the performance of their duties.
(2) unless and until other officers are appointed under this ordinance ,
the officers already appointed under any ordinance repealed by this
ordinance shall have the same powers ,duties, and privileges as if
appointed under this ordinance.
45. in any proceeding under this ordinance, every notice , order ,
copy of regulations, or other instrument shall be presumed to have been
duly signed by the person by whom and in the character in which it
purports to be signed , until the contrary is shown.
46-(1) any action or prosecution against any person for anything
done in pursuance or execution or intended execution of his ordinance
or of any ordinance repealed by this ordinance, or of any rules or regu-
lations made in pursuance thereof shall be commenced within three
months after the thing done and not otherwise.
(2) notice in writing of any such action and of the cause thereof
shall be given to the intended defendant one month at least before
the commencement of the action.
(3) in any such action the defendant may plead generally or set up
by way of special defence that the act complained of was done in pursu-
ance or execution or intended execution of this or of such repealed
ordinance or fo any such rules or regulations as aforesaid , and may give
this ordinance and such rule or regulations and the special matter in
evidence at any trial to be had thereupon.
(4) the plaintiff shall not recover if tender of sufficient amends has
been made before action brought or if , after action brought, a sufficient
sum of money is paid into court by or on behalf of the defendant .
(5) if a verdict passes or judgment is given for the defendant, or
if the plaintiff becomes nonsuit or discontinues the action, or if, on
demurrer or otherwise ,judgment is given against the plaintiff, the
defendant shall recover his full costs and shall have the like remedy for
the same as nay defendant has by law for costs in other action.
47-(1) the governor-in-council may make rules and regulation
for and in respect of all or any of the following purposes or matters:
(a) the care, maintenance, and eduction of women and girls
detained under PART II;
(b) the manner and conditions in and under which the powers con-
ferred by this ordinance shall be exercised by the persons on
whom such powers are conferred ; and
(c) generally in relation to any matters , whether similar or not to those hereinbefore mentioned, as to which it may be expedient to
make rules for carrying into effect the objects fo this ordinance.
(2) such rules or regulations shall take effect at the expiration of seven
days after the publication thereof in the gazette, and a copy fo the
gazette containing such publication shall be conclusive evidence of the
due making and tenor of suhc rules or regulations.
(3) every person who disobeys or infringes any of such rules or
regulations shall be guilty fo an offence against this ordinance, and,
on summary conviction before a magistrate , sahll be liable to a penalty
not exceeding fifty dollars, or to imprisonment, with or without hard
labour , for nay term not exceeding one month, or to both penalty and
imprisonment .
(4) unless and until rules nad regulations are made under this ordi-
nance , the rules nad regulations made under any ordinance repealed
by this ordinance shall continue to be as valid as if made and gazetted
under this ordinance , and any references in such rules and regulations
to ordinance , sections , or enactments repealed by this ordinance shall
be taken to apply to this ordinance and the corresponding sections or
enactments this ordinance.
SCHEDULE .
FORM OF BOND.
Know all men by these presents that we and
are held and firmly bound unto her majesty the queen, her heirs and
successors,in the sum of $ to be paid to the colonial treasurer for the
time being of Hongkong , to which payment we bind ourselves and each of us
and each of our heirs,executors, and administrators firmly by these presents.
sealed wiht our seals.
dated this day of 1.
now the condition of this obligation is that if one
who is now residing at Hongkong, shall not quit or be taken or removed from
the colony without the previous consent in writing of the officer for the
time being performing the duties of registrar general; and also if the
trained or disposed of as a prostitute or for immoral purposes , and also if the
said shall be produced from time to time before such officer
within twenty-four hours after notice in writing has been given to any or
either fo the said and requiring such production,
then this obligation to be void, otherwise to remain in full force
LS
LS
signed, sealed , and delivered by}
the above-named }
and }
the presence of A.D. 1897. Ordinance No. 9 of 1897, with Ordinances No. 31 of 1899, No. 14 of 1900, and No. 3 of 1901 s. 3 in part incorporated.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. Abduction of woman, against her will, from motives of lucre. 24 & 25 Vict.c. 100 s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. Ib. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict.c. 100 s. 53. Forcible abduction of woman with intent to marry her. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.

A.D. 1897. Ordinance No. 9 of 1897, with Ordinances No. 31 of 1899, No. 14 of 1900, and No. 3 of 1901 s. 3 in part incorporated.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. Abduction of woman, against her will, from motives of lucre. 24 & 25 Vict.c. 100 s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. Ib. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict.c. 100 s. 53. Forcible abduction of woman with intent to marry her. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.

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STOWAWAYS ORDINANCE, 1897

ORDINANCE NO. 3 OF 1897

Stowaways

AN ORDINANCE TO PROVIDE for the Punishment of Stowaways
arriving in this Colony.
Be it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Stowaways Ordinacne, 1897.
2. Any person arriving in the colony on Board any Brithis or foreign
sea-going ship who, by secreting himself on board or getting or remaining on board, without the consent of either the owner, consignee, or master,
or of a mate, or of the person in charge of the ship, or of any other
person entitled to give that consent, has obtained a passage without
having paid for the same shall be deemed to be a stowaway, and shall, on
summary conviction, be liable to a penalty not exceeding on hundred
dollars or to imprisonment, with or withourt hard labour, for any term not
exceeding one month.
3. The onus of proving the consent of the owner or other person as
aforesaid shall lie on the person charged.
4.The detention of a stowaway shall not be deemed illegal, if for no
longer period than is reasonably necessary for the purpose of handing
such person over to the Police, and the Police may apprehend any such
stowaway without a warrant.
A.D. 1897. Ordinance No. 7 of 1897. Short title. Punishment of stowaway arriving in the Colony. Onus of proof of consent. Detention and apprehension of stowaway.

A.D. 1897. Ordinance No. 7 of 1897. Short title. Punishment of stowaway arriving in the Colony. Onus of proof of consent. Detention and apprehension of stowaway.

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PROBATES ORDINANCE, 1897

ORDINANCE No. 2 OF 1897.

Probates

AN ORDINANCE to consolidate and amend the Laws relating
to Probates and Letters of Administration in this Colony.
[15th May,1897.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Probates Ordinance.1897.
2.In this Ordinance,unless the ocntext otherwise requires,-
'The Court' means the Supreme Court of the Colony acting in the
exercise of its jurisdiction under this Ordinance:
'A Judge' or 'the Judge' meand a Judge of the Court:
'Will' comprehends 'testament' and all other testamentary
instruments of which probate may now be or might at any time
heretofore have been granted:
'Administration' comprehends all letters of administration of the
estates of deceased persons,whether with or without a will annexed,
and whether granted for general,special,or limited purposes:
'Estate' of a deceased person means the personal estate and effects
of whatever kind of such person:
'Matters and causes testamentary' comprehend all matters and
causes relating to the granting and revocation of probate of wills
and of administration:
'Prescribed' means precribed by rules or orders of the Court made
under this Ordinance. PART I.
JURISDICTION AND POWERS OF THE COURT.
3.-(1.)The voluntary and contentious jurisdiction and authority in
relation to the granting and revocation of probate of wills and of letters
of administration of the estates of deceased persons,together with full
authority to hear and determine all questions relating to matters and
causes testamentary,shall as heretofore belong to and be vested in and
to exercised in the name of Her Majesty by the Supreme Court of
Hongkong.
(2.)The Supreme Court shall as heretofore,for the purposes of this
Ordinance,be deemed a Court of Probate and shall be a Court of Record,
and shall have the same powers,and its grants and orders shall have the
same effect,in this Colony,and in relation to the estates in this Colony
of deceased persons,as the Supreme Court and its grants and orders
respectively now have or hitherto have had in relation to matters and
causes testamentary and estates of deceased persons within the jurisdiction
of the Supreme Court;and all duties which are or have been imposed
on or should be performed by the Supreme Court in respect of probates,
administrations,and masters and causes testamentary shall be performed
by the Supreme Court under the probate jurisdiction hereby ocntinued:
Provided that no suits for legacies,or suits for the distribution of residues,
shall be entertained by the Supreme Court in its probate jurisdiction.
4.The Judge shall have and may exercise full power of altering and
amending any grant of probate or of administration,whether made
before or after the commencement of this Ordinance.
5.No officer or clerk of the Court shall,during the time of his holding
such office,directly or indirectly practise as an advocate,barrister,
proctor,attorney,or solicitor,or receive or participate in the fees of any
ther person so practising.
6.All probates,administrations,orders,and other instruments,and
all examplifications and copies thereof,shall respectively be sealed with
the Seal of the Supreme Court;and any such document purporting to
be so sealed shall be received in evidence,in any case or proceeding of
whatever kind,without further proof thereof.
7.-(1.)The Court may require the attendance of any party in person,
or of any person whom it may think fit to examine or cause to be
examined,in any action or other proceeding in respect of matters or
causes testamentary,and may exmaine or cause to be ecmained upon
the parties and witnesses by word of mouth,and may,either before or after or with or without such examination,cause them or any of them
to be examined upon interrogatories or receive their or any of their
affidavits.
(2.)The Court may by writ require the attendance of any such party
or witness,and order to be produced before itself or otherwise any deeds,
evidences,or writings,in the same form,as nearly as may be,as that
in which a writ of subpoena and testificandum or of subpoena duces
is now issued by the Supreme Court in its original jurisdiction.
8.The Court shall have the like powers,jurisdiction,and authority
for enforcing the attendance of persons required by it as aforesaid,and
for punishing persons failing,neglaecting,or refusing to produce deeds,
evidences,or writings,or refusing to appear,or to be sworn,or to give
evidence,or guilty of contempt ,and generally for enforcing all orders,
decrees,and judgments made or given by the Court under this
Ordinance and otherwise in relation to the matters to be inquired into
and done by or under the orders of the Court under this Ordinance as
are for the time being vested by law in the Supreme Court for such pur-
poses in relation to any action or matter depending in the said Court
in its original jurisdiction.
9.-(1.)The Court may,on motion or petition or otherwise,in a
summary way,whether any action or other proceeding is or is not pend-
ing in the Court with respect to any probate or administration,order any
person to produce and bring into the Registry,or otherwise as the Court
may direct,any paper or writing being or purporting to be testamentary
which may be shown to be in the possession or under the control of such
person.
(2.)If it is not shown that any such paper or writing is in the
possession or under the control of such person,but it appears that there
are reasonable grounds for believing that he has knowledge of any such
paper or writing,the Court may direct such person to attend for the
purpose of being examined in open Court or upon interrogatories
respecting the same,and such person shall be bound to answer such
questions or interrogatories,and,if so ordered,to produce and bring in
such paper or writing,and shall be subject to the like process of con-
tempt in case of default in not attending or in not answering such
questions or interrogatories,or not bringing in such paper or writing,as
he would have been subject to in case he had been party to an action
in the Court and had made such default.
10.-(1.)The Registrar of the Supreme Court and any other perosn
whom the Chief Justice may from time to time ,under the Seal of the
Supreme Court,appoint for that purpose shall respectively have full
power to administer oaths and to perform such other duties in reference
to matters and causes testamentary as may be assigned to them from
time to time by any rules made under this Ordinance.
(2.)Every Commissioner for taking oaths in the Supreme Court in its
original jurisdiction shall be a Commissioner for taking oaths in the Court.
PART II.
THE OFFICIAL ADMINISTRATORS.
11.-(1.)It is hereby declared that the Registrar for the time being
of the Supreme Court is ex officio Official Administrator under this
Ordinance.
(2.)In all cases the Official Administrator shal be subject to the
immediate control and act under the direction of the Court.
12.A grant of administration to the Official Administrator,whether
the name of the grantee,the officer holding the appointment at the time
of the grant,is or is not mentioned therein,shall be deemed to have been
made and to be made,as the case may be,to him and his successors in
office from time to time.
13.All property vested in the Official Administrator for the time
being by virtue of any grant of administration made ot him or any pre-
deceasor in office or otherwise shall,on his vacating or otherwise ceasing
to hold the office,be deemed to be vested in his successor without any
further transfer or conveyance.
14.-(1.)It shall be lawful for the Official Administrator,whenever
he thinks it expedient to do so and upon such evidence of death as he
deems sufficient,to receive or take possession of the private papers,
moneys,goods,chattels,and other movable property whatsoever of any
deceased person which may be found within the Colony,and to provide
for the safe custody thereof,until probate of the will of such deceased
person or administration of his estate has been granted by the Court:
Provided always that the official Administrator may,in lieu thereof,if
he thinks fit,issue forthwith a commission of appraisement of all or any
of such property.
(2.)In case of the death of any citizen of the united States of America
in the Colony ,without having in the Colony any known heirs or testa-
mentary executors appointed by him,the Official Administrator shall
at once inform the nearest Consular Officer of the said United States
of the fact,in order that the necessary information may be imme-
diately forwarded to persons interested.The said Consular Officer
shall have the right to appear,either personally or by delegate,in all proceedings on behalf of the absent heirs or creditors until they are
otherwise represented.
15.Every person who,without lawful authority or excuse in that
behalf,(the proof whereof shall lie on him),-
(1.)removes or attempts to remove out of the Colony any such pro-
perty as is mentioned in the last preceding section;or
(2.)destroys,conceals,or refuses to yield up any such property on
demand to the Official Administrator,
shall,on summary conviction thereof,be liable to a penalty not exceed-
ing five hndred dollars,or to imprisonment for any term not exceeding
six months,or to both such penalty and imprisonment.
16.The Official Administrator shall have a lien upon all property
mentioned in section 14 for teh reasonable expenses incurred by him in
respect thereof in carrying out the provisions of the said section,and
such expenses shall also constitute a primary charge on the estate of the
deceased person.
17.-(1.)When any person dies leaving a will within the Colony,the
person in whose keeping such will has been deposited,or who finds
such will after the testator's death,shall produce,and,if required,shall
deliver,the same to the Official Administrator within fourteen days after
the death of the testator,or from the time when he has had notice thereof,
or from the time of the finding of the will,as the case may be.
(2.)Every person who refuses or neglects to comply with the require-
ments of this section shall,on summary conviction thereof,be liable to a
penalty not exceeding five hundred dollars.
18.From and after the decease of any person dying intertate and until
administration is granted in respect of his estate,the estate of such
deceased person shall be vested in the Official Administrator.
19.When the whole estate of any perosn dying intestate in the Colony
does not,in the opinion of the Official Administrator,exceed in value the
sum of fifty dollars,it shall be lawful for the Official Administrator,if
he thinks fit,without any legal formality,to receive to take possession
of such estate and to administer the same in a summary manner for the
benefit of all persons intereted therein.
20.-(1.)On application made by the Official Administrator,the
Court shall,unless it sees good reason to the contrary,grant to him
administration in any of the following cases;that is to say,-
(a.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and no next of
kin of such person are resident in the Colony; (b.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and the next of
kin of such person who are resident in the Colony file in the
Registry a request for or consent to the making of such grant,
in writing signed by them;
(c.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and no person
has,within twelve months after the death of such person,
obtained administration of his estate;and
(d.)where a person dying intestate,whether in this Colony or else-
where,has left property situate in the Colony and the next of
kin of such property situate in the Colony are infants
under the age of twenty-one years.
(2.)The preceding provisions of this section shall apply,with the
necessary modifications,in the case of a person who dies testate,whether
in this Colony or elsewhere,but without appointing an executor,or
whose executor,if appointed,refuses,neglects,or is unable to act.
21.Nothing in this Ordinance shall be xonstrued to enable or require
the Official Administrator to obtain administration of the estate of any
person dying in the naval or military service of Her Majesty and subject
to the Articles of War,or of any deceased seaman or apprentice for the
administration of whose estate provision is made by any Act of Parlia-
ment for the time being in force,or of any person for the administration
of whose estate special provision is otherwise made in Part V.
22.Any grant made to the Official Administrator under this Ordi-
nance may be limited in respect of time or in any other respect as to be
Court may seem fit.
23.Subject to the special direction of the Court to the contrary in
any particular case,the Official Administrator shall bring the adminis-
tration of every estate of which he has obtained administration to a close
within the period fixed by law for that purpose in the case of an ordinary
administrator.
24.A commission at the rate of five per cent. per annum shall be
chargeable on all moneys received or taken possession of,or realized or
otherwise dealt with,by the Official Administrator under this Ordinance;
and such commission shall be accounted for and paid over by the Official
Administrator to the Colonial Treasurer for the public use of the
Colony.
25.The provisions of the Unclaimed Balances Ordinance,1885,
relating to the payment into the Colonial Treasureer by the Official
Adminminstartor of the unclaimed balance of t eh estate of persons dying
intestate, and to the making of and dealing with claims in repect of
such balances, shall mutatis mutandis apply to moneys recieved or taken
possession of by the Offical Adminstration under the provision of section
14 or of section 19 of this Ordinance: Provided that the period of one
year and five years mentoned in the said first-mentioned provisions
shall in respect of such moneys be computed from theh dates on which
they were repectively recieved or taken possession of.
26.-1Thv eOffical Adminstration shall keep a general register of
all estates under his adminstrator, a cash book, and a ledge or account
current book, and such otyher books as he may find necessary or such
other or addition books as may be prescribed.
(2)He shall enter in books to be kept by him for that purpose
seperate and distinct account of each estate amd of all property made by him
on account of each estate specifying the dates of each receipts
and payment respectively.
(3)Each such books shall be kept in the Regoistry and shall be open
durinh office hours for the inspection of any persom who has occasion to
inspect thesame on payment of th eprescribed fee.
27.(1)/the Office Admunstration shall give to any person who
applies for the same copies of all document and accounts in his posses-
sion relating to any estate under his adminstration or to any property
which he recieve or of which he takes possession under this Ordinance
on payment of the prescribed fees
(2)If any such copy is refues the applicants may pettion the Court
in a summary way for an order on the Offical Adminstration to give
such copy; and the costs of any such pettion and order shall be paid
bby teh Offical Admiinstrator if the Court so direct.
28.The Offical Adminstrator shall, on the expiration of each
half year make out and Furnish to the chief Justice and to the
Colonial Secretary a half yearly return according to teh form in the
Firts Schedule to thus Ordinance of all estate vested in or adminstratered
by him during the hlf year then expired, and he shall fron time to
time pay into the hands of the Colonial Treasurer the balance remaining
in respect of each such estate immediately after the same has been
closed.
29.No action shall be brought against the Offical Adminstration for
anything done by him in respect of the excution or the intended
excution of any power vested in hoim by section 14 or section 19, but
any person whop feels aggrieved thereby may apply for redress to the
Court by summary petition verified upon oath, and the Court may
thereupon take such evidence as it thinks fit and may make any order
in relation too the matter which the justice of the case requires.
PartIII
Granting and Revocation of Probates etc
Caveat
30.-(1) A caveat aganist the grant of any probate or adminstration
may be lodged in the Registry of the Court.
(2) Subject to any rules or order makes under this Ordinance the
practise and p[rocedure of the Court in respect of any such caveat shall
as nearly as may be corrspond with the practise and procedure hirherto
in use in respect of such caveats.
Executorship.
31.Where ny person renounce probate of the will of which he is
appointed executor or one of the excutor the rights of such person in
respect of the excutorship shall wholly cease and the representation of
the testator and the adminstration of his estate shall go delove and
be committed like manner as if such person had not been appointed
executor
Adminstration
33Where a perosn dies wholly interest as to his personal estate
or leaving a will affecting personal estate but withiut having appointed
an executor thereof willing and complent to take probate or where
the executor is, st thhe time of the death of such person resident out of
the colony or where it appears to the Court to be necessary or conven-
ient to appoint some person to be the adminstrator of the estate of the
deceased person or of any part of such estate other than the person
who if this Ordinance had not been passed would by law have been
entitled to a grant of adminstration of such personal estate it shall be
lawful for the Court in this discretion to appoint such person as the Court thinks fit to be such adminstrator on his giving such security
if any as the Court may direct and every such adminstration may
limited in such manner as the Courtr thinks fit
34-(1)At the expiration of twelve months from the death of any
deceased person if the executor or excecutors to whom probate of the
will has been grangted or the person r persons to whom adminstration
hhas been granted is or are residing out of the jurdiction of the Court
it shall be lawful for thej Court on the application of any creditor next
of kin or legatee grounded on an affidavit made for that pr=urpose to
grant such special admunstration as it may think fit of the estate of
such deceased person
(2)It shall be lawful for th eCourt on application made for that
purpose by any person interested to direct any shares or stock in any
joint stock company to be transfer ed into the name of the Register in
trust for such purposedes as the Court may direct in any action in which the
perosn to whom such special adminstration has been granted is a party
Provided, nevertheless that if any executor or adminstrator of such
deceased person, being capable of acting as such returns to and resides
within the jurisdiction of the Court, the Court may if it thinks fit
revoke such special grant:Provided also that if any action is pending
in any Court in relation to the estate of such deceaed person, such
executor or adminstration shall be entitled to be made a party thereof.
35.The costs incurred by granting any such special adminstration
shall be paid by such person or out of such fund as the Court may
direct, and the costs incurrred by proceeeding in any action aganist any
such adminstration shall be such person or out of such fund as
the Court in which the action is pending may direct.
36.-(1)Where an infant is sole executor of any deceased person,
adminstration with the will annexed shall be granted to the gurardian
of such infant or to such other person as the Court may think fit,until
such infant has attained the full age of twenty-one years at which
period and not before probate of the will shall be granted to him.
(2)The person to whom such adminstration is granted shall have
the same powers vested in him as an adminstrator now has by virtue of
an adminstration granted to him durant minore cetate of the next of
kin.
37.After any grant of admiinstaration, no person shall have power to
sue or prosecute any action, or potherwise to act as executor of the deceased
person as to the person estate comprised iin or afflected by such grant
of adminbstration until such adminstration has been recalled or
revoked.
Adminstration pendent lite.
38.-(1) Pending any touching the validity of th ewill of any
deceased person or for obtaining recalling or revoking any probate or
any granted of adminstration the Court may appoint an adminstarator
of the estate of such deceased perosn.
(2)The adminstrator so appointed shall have all rights and
powers of a general adminstrator other than the right of distributing
the residue of such estate.
(3)Every such adminstarator shall be subject to the immediate
control of th Court and act under its direction.
39.All the provision of the last prceding section relating to grants
of adminstration pending action shall be deemed to apply to the case of
an appeal to Her Majesty-in-Council from any decision of the Court.
Adminstration Bond
40.Every person (other than the Offical Adminstrator)to whom
any grant of adminstration is committed shall unless the Court
otherwise directs give a bond, with (if the Court requires)one or more
surety not be necessary for the Captain Superintendent of Police,when
applying for or the Captain Superintendent of a person dying
whilst employed in the Police Force, as hereinafter provided, to give any
such bond as aforesaid.
41.Every such bond shall be in a penalty of double the amount
under which teh estate of the decesed personis sworn unless the Court
in any case thinks fit to direct the same to be reduced in which case it
shall be lawful for the Court to do so;and the Court may also direct
that more bonds than one shall be given so as to limit the liability of
any surety to such amount as the Court thinks resonable.
Revocation of Grant.
42.When any probate or adminstration is revoked all payments
bona fide made to any executor or adminstration under such probate or
adminstration before the revocation thereof shall be a legal discharged
to the person making the same and the executor or adminstrator who
has acted under any such revoked probate or adminstration may retain
and reimburse himself in respect of any payments made by him which
the person to whom probat or adminstration is afterwards granted
might have lawfully made.
43.All persons making or permitting to be made any payment or
transfer bona fide upon any probate or adminstration granted in respect
of the estate of any deceased person shall be indemnified and protected
in so doing , notwithstanding any defect or other thoing whatsover
affecting the validity of such probate or adminstration.
44.Where, before the revocation of any temporary adminstration
any proceedings have been commenced in the Superme Court in its ori-
ginal jurisdiction may order that a suggestion be made upon the
record of the revocation of such admonstration, and of the grant of pro-
bate or adminstration which has been made consquent thereupon and
that the proceeding shall be continued in the name of the new executor
or adminstrator in like manner as if the proceedings had been orignally
commerced by or against such new executor or adminstrator but sub-
ject to such conditions and variation if any as the Court may direct.
Practice.
45.The practice of th eCourt shall except where otherwise provided
by this Ordinance or by the rules or orders from time to time made
thereeunder be so far as the circumstances of the case will admit
according to the practice hitherto prevailing in the same.
46.It shall be lawfully for the Judge to sit in Chambers for the despatch
of such business of the Court as can in the opinion of the Judge with
advantages to the suitors be heard in Chambers; and the times at which
such sitting shall be held shall from time to time be fixed by the Judge:
Provided that no matter shall be heard in Chambers which either party
requires to be heard in Court.
47. The Judge, when so sitting in Chambers, shall have and exercise
the same power and jurisdiction in respect of any business brought
before him as if he were sitting in court.
48. the court shall have the same powers with regard to the costs of
any action or other proceeding as the supreme court has with regard to
costs in actions and other proceedings in its original jurisdiction.
evidence.
49.-(1) subject to any rules or orders made under this ordinances,
the witnesses ,and where necessary the parties, in all contentions matters
where their attendance can be had shall be examimed orally by or before the judge in court: provided that , subject to any such rules or orders
as aforesaid , the parties shall be at liberty to verify their respective cases,
in whofe or in part , by affiidavit , but so that the deponent in every such
affidavit shall, on the application of the opposite party , be subject to be
cross-examined by or on behalf of such opposite party orally in orally court as
aforesaid , and after such cross-examination may be re-examined orally in
court as aforesaid by or on behalf of the party by whom such affidavit
was filed.
(2) provided that when a witness in any such matter is out of the
jurisdiction of the court , or when , by reason of his illness or otherwise
the court does not think fit to enforce his attendance in court , it shall
be lawful fot the cout to order a commission to issue for his examina-
tion up0on interrogatories or otherwise , or , if the witness is within the
jurisdicition of the court , to order his examination , upon interrogatories
or otherwise , before any officer of the court or other person named for
that purpose in the order.
50. an affidavit sworn out of the colony in the manner mentioned
in any ordinance for the time being in force relation to evidence may be
used in any action or proceeding in the court.
51. the rules of evidence observed in the supreme court in its original
jurisdiction shall be applicable to and be observed in the trial of all
questions of fact in the court.
trial of question of fact by jury .
52. on the appliction of any party to any action or proceeding in
cour tor of its orn motion , it shall be lawful for the court to cause any
question of fact arrising in such action or proceeding to be tried by a special
or common jury .
53.-(1) when the court orders a question of fact to be tried by a
jur, the court may make all such rules and orders for procuring the
attendance of a special or common jury for the trial of sucb question as
may now be made by the supreme court in its original jurisdiction , and
may also make any other orders which to the court may seem requisite .
(2) every such jury shall be struck summoned , balloted for , and
called in like manner as if sucb jury were jury for the trial of any
cause in the said supreme court ; and every juryman so summoned
shall be entitled to the same rights, and subject to the same duties and
habilities , as if he had been duly summoned for the trial of any such
cause in the said supreme court ; and every party to any such pro-
ceeding shall be entitled to the same rights as to challenge and otherwise
as if he were a party to any such cause.





(3) Generally, for all purposes of or auxiliary to the trial of questions
of fact by a jury before the Court, and in reapect of new trials thereof,
and also for all purposes in relation to or consequential upon the direction
of issues, the Court shall have the same jurisdiction, powers, and
authority in all respects as belong to the said Supreme Court for the like
purposes.
54. (1) When the Court orders a question of fact to be tried by
jury, the question shall be reduced into writing in such form as the
Court may direct, and at the trial the jury shall be empanelled to try
the question and a true verdict to give thereon according to the
evidence.
(2) On every such trial, the Court shall have the same jurisdiction,
powers, and authority in all respects as belong to a Judge of the said
Supreme Court sitting in its original jurisdiction.
Calendars of Grants.
55. (1) The Judge shall cause to be made from time to time in the
Refistry of the Court and to be printed calendars of the grants of
probate and administration therein for such periods as the Judge may
think fit.
(2) Every such calendar shall contain a note of every probate, or
administration with the will annexed, or administration granted within
the period therein specified.
(3) Every such note shall set forth the date of the grant, the name
of the testator or intestate, the place and time of death, the names and
descriptions of the executors or administrators, and the value of the
effects as set forth in any commission of appraisement or otherwise.
56. The Registrar shall cause a copy of every such calendar to be
transmitted to the Governor, to the Principal Registry of the Probate
Division of the High Court of Justice in England, to the Sheriff Court
of the County of Edinburgh in Scotland, to the Principal Registry of
the Probate Division of the High Court of Justice in Ireland, and to such
other offices, if any, as the Judge may from time to time direct.
PART IV
RULES FOR ADMINISTRATION OF PROPERTY
In the administration of the estate of every deceased person, no
debt or liability of such person shall be entitled to any priority or pre-
ference by reason merely that the same is secured by or arises under a
bond, deed, or other instrument under seal, or is otherwise made or constituted a specialty debt; but all the creditors of such person, as well
specialty as simple contract, shall be treated as standing in equial degree,
and be paid accordingly out of the assets of such deceased person,
whether such assets are legal or equitable: Provided that this Ordi-
nance shall not prejudice or affect any lien, charge, or other security
which any creditor may hold or be entitled to for the payment of his
debt.
58.-(1) Any executor or admistrator may apply by summary
petition to the Court for an order limiting the time for creditors and
others to send in their claims against the estate of the testator or intestate,
and specifying what notices are to be given of the making of such order
thereon as it thinks fit.
(2) Where an executor or administrator has given the notices specified
in any such order, he shall, at the expiration of the time limited thereby
for sending in such claims, be at liberty to distribute the assets of the
testator or intestate, or any part thereof, amongst the parties entitled
thereto, having regard to the claims of which he has then notice, and
shall not be liable for the assets, or any part thereof, so distributed to
any person of whose claim he has not had notice at the time of dis-
tribution of the assets or a part thereof, as the case may be.
(3) Nothing in this section shall prejudice the right of any creditor
or claimant to follow the assets, or any part thereof, into the hands
of any persons who may have received the same respectively.
59. It shall be lawful for the Court to allow to any executor or
administrator, including an admistrator appointed pendente lite as afore-
said, such remuneration out of the estate of the deceased person as may
be just and reasonable for his pains and trouble therein: Provided that
no allowance whatever shall be made to any executor or administrator
who neglects to pass his accounts at such time, or to dispose of any
moneys, goods, chattels, or securities with which he is chargeable in such
manner, as, in pursuance of any rule or order or practice of the Court,
may be requisite.
60. Whenever any person who is a native of China dies intestate
leaving property within the jurisdiction of the Court, and it is necessary
to obtain proof of the law of China for the purpose of regulating the
administration of the property of such deceased person according to the
law of his domicile, it shall be lawful for the Court, in its discretion, to
receive in evidence any written statement of the law of China which is
certified by any British Consular Officer in China under his official seal
to have been obtained by him from an officer of the Chinese Government for the purposes of such administration and with reference to the facts
of the particular case under consideration, and thereafter to act upon such
written statement in such manner as it thinks fit.
PART V
SPECIAL AND EXCEPTED CASES.
Estates of Small Value.
61. (1) Where the whole estate of any person dying intestate in
the Colony does not exceed in value the sum of five hundred dollars, his
widow or any one or more of his children, as the case may be, (provided
such widow or child or children respectively is or are resident in the
Colony), or, if such person is a widow, any one or more of her children
(provided such child or children is or are resident in the Colony), may
make application in that behalf to the Registrar, and the Registrar shall
fill up the usual papers required by the Court to lead to a grant of
administration of the estate of the intestate, and shall swear or declare
the applicant and attest the execution of the administration bond
required according to the practice of the Court; and he shall also in due
course make out and seal the letters of administration of the estate of
the intestate and deliver them to the applicant, without payment of any
fee, except as is provided by this section.
(2) The Registrar has reason to believe that the whole estate of
which the intestate died possessed exveeds in value the sum of five
hundred dollars, he shall refuse to proceed with the application until he
is satisfied that such value is below that amount.
(4) An applicant under this section shall not be required by any
table of fees framed under this Ordinance to apy a greater amount of
fees than the amout applicable to the case which is mentioned in the
Second Schedule to this Ordinance.
(5) Nothing in this section shall be construed to affect any duty for
the time being payable by law on administrations.
Small Sums payable by Public Departments to Deceased Persons.
62. (1) On the death of any person to whom any sum of money
not exceeding five hundred dollars is payable by a public department
within the Colony in respect of vivil pay or allowances or annuities
granted either under the authority of Her Majesty's Government or of the Government of the Colony, it shall be lawful for the Colonial
Treasurer, on being satisfied of the expediency of dispensing with
probate or admisistration, to aurhotize the payment of such sum to such
person or persons as the Colonial Treasurer may consider entitled thereto,
without requiring the production of probate or administration.
(2) Payment of all such sumes of money shall be made under such
regulations, if any, as the Colonial Treasurer may, with the approval of
the Governor, from time to time to time make for that purpose.
63. Any payment made under the provisions of the last preceding
section shall be valid against all persons whatever, and all persons acting
under the said provisions shall be absolutely discharged from all liability
in respect of any moneys duly paid or applied by them under the said
provisions.
Estates of Deceased members of Police Force.
64. (1) Any person employed in the Police Force under the rank
of Inspector and dying whilst so employed shall not be deemed to
be within the meaning of the preceding provisions of this Ordi-
nance; but the Captain Superintendent of Police is hereby consituted
the official administrator of his estate, and is required to get in and
administer the same, with the sanction of the Colonial Secretary,
and, within one month after the death of any such person, to certify the
same and the amount in value of the estate of such person, by certificate
under his hand, to the Registrar for registry in the Court; and he shall
also pay over to the Colonial Treasurer the balance of every such estate,
after payment of all lawful claims against the same.
(2) It shall be lawful for the Colonial Secretary, on the application
of the Colonial Treasurer for the payment of the whole or any part
of such balance to such person or persons as may appear to eb entitled
thereto, and the Colonial Treasurer shall comply with such order.
Estates of Persons dying on Voyages to the Colony.
65. (1) The following special provisions shall regulate the adminis-
tration of the estates of passengers who die at sea in the course of a
voyage to the Colony on board of any vessel which afterwardas arrives
in the Colony; that is to say,-
(a) where any passenger has died on boarf of any vessel in the
course of a voyage to the Colony, the master of the vessel in
which such passenger has died shall, immediately upon the
arrival of the vessel in the Colony, hand over to the Harbour
Master all the goods and effects of such passenger then on
board of such vessel; (b) thereupon the Harbour Master shall take possession of such
goods and effects, and,-
(i) if he thinks that their value is more than one hundred
dollars, he shall forthwith hand them over to the Official
Administrator, to whom he shall also furnish in writing all
such information as he may have been able to obtain about
the deceased passenger and as he amy consider likely to be
useful for the due administration of the estate; and,
(ii) if he thinks that their value is not more than on
hundred dollars, he shall, in such manner as he may con-
sider just an d convenient, distribute them amongst the
persons who may appear to him, in his discretion, to be en-
titled thereto, or, if he can find no such persons within en-
titled thereto, or, if he can find no such persons within one
month of the time when the goods and effects came into his
hands, then he shall sell them and pay the proceeds of the
ale into the Colorial Treasury, to a special account to be there
kept for that purpose;
(c) at any time within twelve months of the time when the proceeds
of any estate have been paid into the Colonial Treasury under
this section, any person entitled to the said proceeds, or to any
portion thereof, may apply to the Harbour Master for the same,
and, at the expiration of the said twelve months, the Harbour
Master may make application in that behalf to the Colonia
Treasurere, and the Colnial Treasurer shall pay to the Harbour
Master the said proceeds or a portion thereof, and the Harbour
Master shall distribute the same amongst the applicants in such
manner as he may consider just and convenient;
(d) before distributing any estate or paying the proceeds of any
estate into the Colonial Treasury under this section, the Harbour
Master shall deduct the amount of any expenses or costs which
he may have invurred in advertising or otherwise in the ad-
ministration of the same; and
(e) if no person entitled applies to the Harbour Master under
paragraph (c) of this sub-section within the twelve months
mentioned in that paragraph, the proceeds of the estate shall be
paid over to the general revenue of the Colony; but it shall be
lawful for the Governor, within a period of six years thereafter
to direct a refund of teh same, or any protion thereof, to any
person who establishes, to his satisfaction, a legal, equitable, or
moral claim thereto.
(2) For the purposes of this section, the expression 'voyage of a
passenger to the Colony' means the voyage of a passenger which would is the ordinary course terminate at the colony as the port of destination
of the passenger.
(3) If any master of a vessel refuses or neglects to comply with the
equirements of this section, he shall, on summary conviction thereof,
be liable to a penalty not exceeding one hundred dollars.
PART VI
BRITISH AND COLONIAL PROBATES.
BArithish Probates.
66. In the provisions of this Part relating to British probates, unless
the context otherwise requirs,-
'Court of Probate' means any court or authority, by whatever name
designated, having jurisdictio0n in matters of probate, and in Scot-
land means the Sheriff Court of the County of Edinburgh:
'Probate' and 'administration' include confirmation in Scotland.
67.-(1) Where a Court of Probate in the United Kingdom has
granted probate or administration in respect of the estate of a deceased
person, the probate or administration so granted may, on being pro-
duced to and a copy thereof deposited with the Court, be sealed with
the Seal of the Court, and thereupon shall be of the like force and effect
and have the same operation in the Colony as if granted by the Court.
(2) Provided that the Court shall, before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much, if any,
of the estate as is liable to probate duty in the Colony; and,
(b) in the case of administration, that security has been given in a
sum sufficient in amount to cover the property, if any, in the
Colony to which the administration relates;
and the Court may require such evidence, if any, as it thinks fit as to
the domicile of the deceased person.
(3) The Court may also, if it thinks fit, on the application of any
creditor, require, before sealing, that adequate security be given for the
payment of debts due from the estate to creditors residing in the
Colony.
(4) For the purposes of this section, a duplicate of any probate or
administration sealed with the seal of the Court of Probate granting the
same, or a copy thereof certified as correct by or under the authority of
such Court, shall have the same effect as the original.
(5) All Ordinacnes, enactments, and reules of Court for the time being
force in the Colony in relation to probate duty, or in relation to fess and costs in the court ,shall apply to applications for sealing under this
section to the same extent and in the same manner as if the person who
applies for such sealing were a person applying to the court for probate
or administration.
68. the preceding provisions of this part shall apply to probates and
administrations granted in the united kingdom either before or after
the commencement of this ordinance.
colonisl probates.
69. in the provisions of this part relating to colonial probates , unless
the context otehrwise requires ,-
' court of probate' means any court or authority , by whatever
name designated, having jurisdiction in matters of probates :
' probate ' and ' administration' include any instrument having ,
in a british possession,the same effect as , under the law fo this
colony , is given to probate and administration respectively:
' probate duty ' includes any stamp or other duty payable on
the value of the estate for which probate or administration is
granted:
'british court in a foreign country' means any british court
having jurisdiction out of her majesty's dominios in pursuance
of an order of her majestly-in-council,whether made under any
act of parliament or otherwise:
'british possession' includes any part of a british possession
having a separate legislature .
70-(1) the governor-in-council may , on being satisfied that the
legislature of any british possession has made adequate provision for
the recognition in that possession of probates and administrations
granted by the court , direct by order that the provisions of this part
relating to colonisal probates shall, subject to any exceptions and
modifications specified in the order, apply to that possession , and there-
upon , while the order is in force , those provisions shall apply accord-
ingly.
(2) the governor-in-council may , by order, revoke or alter any
order previously made under this ordinance or under any ordinances
hereby repealed .
(3)every such order-in-council shall be published in the gasette.
71.-(1) where a court of probate in a british prossession to
which the provisions of this part relating to colonisl provates apply has
granted probate or administration in respect of the estate of a deceased
person , the probate or administration so granted may , on being pro- duced to and a copy thereof deposited with the court , be sealed with
the seal of the court , and thereupon shall be of the like force and
effect and have the same operation in the colony as if granted by
the court .
(2) provided that the court shall , before sealing a probate or ad-
ministration under this section, be satisfied-
(a) that probate duty has been paid in respect of so much , if any ,
of the estate as is liable to probate duty in the colony ; and,
(b) in the case ofadministration , that security has been given in
a sum sufficient in amount to cover the property, if any, in the
colony to which the administration relates;
and the court may also,if it thinks fit, on the application of any
creditor,require,before sealing , theat adequate security be given for the
payment fo debts due from the estate to creditors residing in the
colony.
(4) for the purposes of this section,a duplicate of any probate or
administration sealed with the seal of the court fo probate granting
the same,or a copy thereof certified as correct by or under the authority
of such court , shall have hte same effect as the original.
(5) all ordinances , enactments , and rules of court for the time
being in force in the colony in relaiton to probat3e duty , or in relation
to fees nad costs in the court , shall apply to applications for sealing
under this section the same extent and in the same manner as if the
person who applies for such sealing were a persojn applying to the court
for probate or administration.
72.the provisions of this part relating to colonial probates shall
apply to probates and administrations granted in a british possession
to which this ordinance is applied , either before or after the com-
mancement of this ordinance .
73. thge provisions of this part relating to colonial probates shall
extend to authorixe the sealing by the court of any probate or ad-
mistrateion granted by a british court in a foreign country in like
manner as they authorize the sealing of a probate or administration
granted in a british possession to which the said provisions apply,
and the said provisions shall apply accordingly, with the neccessary
modifications. part VII.
MISCELLANEOUS PROVISIONS .
74. -(1) the chief justice may from time to time make general
rules and orders for the following purposes, and may from time to
time vary or recind the same; that is to say ,-
(a) for regulating the practice and procedure of the court ,and
the several forms of petitions,orders , and other proceedings to
be used in the court ;
(b)for regulating the duties of the various officers of the court;
(c)for regulating the fees to be taken by the officers of the
court and to be allowed to counsel,proctors, and solictiors
practising in the court, and the fees charges , and costs to be
taken and allowed with respect to all proceedings and all
other matters in the court;
(d.) for regulating the filing , custody , and inspection so records,
and
(e)generally for the better carrying out of the provisions of this
ordinance.
(2) no such rule or order shall be of any force of effect until it has
been approved by the legislative council and published in the gasette .
75. until such rules and orders have been made as aforesaid , the
court may direct, either generally or in any particular case , that the
rules and orders now in force or which may hereafter be in force in
relation to matters of probate and administration in the probate division
of the high court of justice in england or any part thereof , and hte
forms fo proceedings in use therein or any of them, subject to their
applicability and with such modifications as the circumstances may
require, shall take effect accordingly.
76. an official copy of the whole or any part of a will , or an official
certificate of the grant of any administration, may be obtained from the
registry of the court of on the payment of such fees as may be fixed for
the same by the rules and orders made under this ordinance.
temporary provisions .
77. all administrations heretofore granted any offical adminis-
trator shalll be deemed to have been made to the official administrator
for the time being and to his successors in office: provided that no act heretofore done by any person under any grant of administration made
to him as official administrator shall be deemed to be affected or
rendered invalid on account of the passing of this ordinance.
76. all non-contentious business pending in the court at the com-
mencement of this ordinance shall be deemed to have been commenced
under this ordinance;and all acts executed under the authority of the
court with reference to such business which would have been valid if the
enactments hereby repealed were still in operation shall be valid; and
all oaths sworn and bonds executed in manner required by the court in
reference to such business prior to the commencement of this ordinance
shalll continue to have and be deemed to have had the same force and
affect in law as they would have had if sworn and executed in pursuance
of the provisions of this ordinance.
79. all commissions heretofore collected by the officiall administrator
an any moneys received or taken possession of , or realized or otherwise
dealt with, by the official administrator and paid over to the colonial
treasurer for the public use of the colony are hereby declared to have
been lawfully collected and paid over.
80. the provisions fo section 25 shall apply, with such modifications
as the judge may direct , in the case of any sum of money of the kind
mentioned in the said section which is , at the commencement of this
ordinance, in the hands of the official administrator.
81.the ordinance mentioned in the third schedule to this ordinance
are hereby repealed: provided that such repeal shall not affect-
(1) any order-in-council or rules or orders made , or any tables of
fees , costs , and charges fixed , under any of the said ordinances ,but
any such order-in-council , rules or orders , and tables shall have
in force until revoked , altered , varied , rescinded , or abrogated under
this ordinances, and any order-in-council, rules or orders , or tables
referring to or made under any of the said ordinances shall have
effect in the same manner as if it or they referred to the correspond-
ing enactments contained in this ordinance; or
(2) any probate or administration granted , or other act or thing
done , under any of the said ordinances. SCHEDULES.
THE FIRST SCHEDULE.
FROM OF RETURN OF ESTATES OF INTESTATES.
Return of Estates of Intestates for the Half-Year ending
Name of intestate
Amount received on account of Estate.
Deductions for Disbursements.
Balance on closeing Account.
Disposal of Balance.
(signed.)
Dated the day of
THE SECOND SCHEDULE.
FEES PAYBABLE IN RESPECT OF SMALL ESTATES.
Where the whole estate of the intestate does not exceed in value $100, the
sum of $1; and where the whole estate exceeds in value $100, the sum of $1,
and the further sum of 20 cents, for every $50 or fraction of $50 by which
the value exceeds $100.
A.D. 1897. Ordinance No. 3 of 1897, with Ordinance No. 19 of 1901 incorporated.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.s.27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.s.79. Effect of executor not taking probate. 21 & 22 Vict.c. 95 s.16. Appointment of administrator of intestate's estate. 20 & 21 Vict.c. 77 s. 73. Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3c. 87, s. 6. Ib.s.7. Prohibition of executor acting pending administration. 20 & 21 Vict.c. 77 s. 75. Appointment of administrator pendent lite. 20 & 21 Vict.c. 77 s. 70. Administration pending appeal. Bond to be given by administrator. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.s.77. Validation of payments made under defective probate or administration. 20 & 21 Vict.c. 77 s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power of Judge sitting in Chambers. Powers of the Court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict.c. 77 s. 31. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict.c.46 s. 1. Power to the Court to make an order limiting time for creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.

A.D. 1897. Ordinance No. 3 of 1897, with Ordinance No. 19 of 1901 incorporated.
Short title.
Interpretation of terms.
20 & 21 Vict.c. 77 s.2. General jurisdiction of the Court in matters of probate and administration. 20 & 21 Vict.c. 77 s.4. Ib.s.23. Power of altering probate, etc., already granted. Prohibition of officer of the Court practising as advocate, etc. Sealing of documents. Ib.s.22. Powers as to requiring attendance of and examinating parties and witnesses. Ib.s.24. General powers of enforcing process. 20 & 21 Vict.c. 77 s. 25. Power of ordering production of testamentary writings. Ib.s.26. Administration of oaths, etc. Ib.s.27. Registrar to be Official Administrator. Effect of grant to Official Administrator. Re-vesting of property on vacation of office. Power to Official Administrator to take possession of property of deceased person until grant of probate or administration. Punishment of person unlawfully removing out of the Colony property of deceased person. Lien on property of deceased person for expenses incurred under s.14. Obligation on person having or finding will to produce it. Vesting of estate of deceased person in Official Administrator. Power to administer estate of intestate, not exceeding $50, in summary manner. Cases in which Official Administrator is entitled to administration. Saving as to estates of certain person. Power of limiting grant. Period for closing administration of estate. Commission chargeable on moneys received. Application of provisions of the Unclaimed Balances Ordinance, 1885, to moneys received under s. 14 or s. 19. No. 1 of 1885. Keeping of books of account. Copies of documents and accounts. Making of half-yearly returns. First Schedule. Mode of obtaining redress against action of Official Administrator under s. 14 or s. 19. Practice as to caveat against grant. 20 & 21 Vict.c. 77 s. 53. Effect executor renouncing probate. Ib.s.79. Effect of executor not taking probate. 21 & 22 Vict.c. 95 s.16. Appointment of administrator of intestate's estate. 20 & 21 Vict.c. 77 s. 73. Grant of special administration where executor or administrator is out of jurisdiction. Payment of costs relating to special administration. Case of infant being sole executor. 38 Geo. 3c. 87, s. 6. Ib.s.7. Prohibition of executor acting pending administration. 20 & 21 Vict.c. 77 s. 75. Appointment of administrator pendent lite. 20 & 21 Vict.c. 77 s. 70. Administration pending appeal. Bond to be given by administrator. Ib.s.81. Amount of bond. Ib.s.82. Validation of payments made under probate or administration subsequently revoked. Ib.s.77. Validation of payments made under defective probate or administration. 20 & 21 Vict.c. 77 s. 78. Continuance of proceedings begun under temporary administration subsequently revoked. Ib.s.76. Practice in matters not provided for. Ib.s.29. Sittings in Chambers. 21 & 22 Vict. c. 95 s. 3. Power of Judge sitting in Chambers. Powers of the Court with regard to costs. Examination of parties and witnesses. 20 & 21 Vict.c. 77 s. 31. Use of affidavit sworn out of Colony. See Ordinance No. 2 of 1889. Rules of evidence. 20 & 21 Vict.c. 77 s. 33. Power to order question of fact tobe tried by special or common jury. Ib.s. 35. Procedure and powers on trial of question by jury. Ib.s.36. See Ordinance No. 7 of 1887. Form of question to be tried, etc. 20 & 21 Vict.c. 77 s. 37. Making and particulars of calendars of grants. Ib.s.67. Distribution of calendars. Ib.s.68. Specialty and simple contract debts to stand in equal degree. 32 & 33 Vict.c.46 s. 1. Power to the Court to make an order limiting time for creditors to send in claims against estate. 22 & 23 Vict.c. 35 s.29. Allowance of remuneration to executor or administrator. Proof of Chinese law as to administration of property of deceased person. Summary procedure for administration of estate of person dying intestate under $500 in value. Second Schedule. Power of Colonial Treasurer where sum not exceeding $500 is payable by public department to deceased person. Validity of payment made under s.62. Administration of estate of deceased subordinate member of Police Force. Administration of estate of passenger dying on voyage on the Colony. See 55 & 56 Vict.c. 6. Interpretation of terms relatings to British probates. Sealing of probate or administration granted in the United Kingdom, and effect thereof. Application of provisions relating to British probates. Interpretation of terms relating to colonial probates. Power to apply provisions relating to colonial probates to British Possession. Sealing of probate or administration granted in British Possession, and effect thereof. Application of provisions relating to colonial probates. Extension of provisions relating to colonial probates to probates, etc., granted by British Court in foreign country. Making of general rules and orders relating to practice, duties of officers, fees, and records. 20 & 21 Vict.c. 77 s.30. Application of rules and orders of Probate Division of High Court in England until rules and orders made. Copy of will, etc. Ib.s.69. Continuance to successors in office of grants of administration made to Official Administrator. Conduct of pending non-contentious business. Validation of past commissions charged. Application of provisions of s.25 to moneys now in hands of Official Administrator. Repeal of enactments. Third Schedule not printed. Section 28. Section 61.

https://oelawhk.lib.hku.hk/items/show/697

PARTNERSHIP ORDINANCE, 1897

ORDINANCE No. 1 OF 1897.

Partnership

AN ORDINANCE to codify the Law relating to Partnership.
[15th May,1897.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Partnership Ordinance,1897.
2.In this Ordinance,unless the context otherwise requires,-
'The Court' includes every court and judge having jurisdiction
in the case:
'Business' includes every trade,occupation,or profession.
Nature of Partnership.
3.-(1.)Partnership is the relation which subsists between persons
carrying on a business in common with a view of profit.
(2.)But the relation between members of any company or association
which is-
(a.)registered as a company under the Companies Ordinance,1865,
or any other Ordinance for the time being in force and relating
to the registration of joint stock companies;or
(b.)formed or incorporated by or in pursuance of any other Ordi-
nance,or any Act or Parliament,or letters patent,or Royal
Charter,
is not a partnership within the meaning of this Ordinance.
4.In determining whether a partnership does or does not exist,regard
shall be had to the following rules:-
(1.)joint tenancy,tenancy in common,joint property,common pro-
perty,or part ownership does not of itself create a partnership as to
anything so held or owned,whether the tenants or owners do or do
not share any profits made by the use thereof;
(2.)the sharing of gross returns does not of itself create a partnership,
whether the persons sharing such returns have or have not a joint
or common right or interest in any property from which or from
the use of which the returns are derived;
(3.)the receipt by a person of a share of the profits of a business is
prima facie evidence that he is a partner in the business,but the receipt of such a share,or of a payment contingent on or varying
with the profits of a business,does not of itself make him a partner
in the business;and in particular-
(a.)the receipt by a person of a debt or other liquidated amount,
by instalments or otherwise,out of the accruing profits of a
business does not of itself make him a partner in the business
or liable as such;
(b.)a contract for the remuneration of a servant or agent of a per-
son engaged in a business by a share of the profits of the busi-
ness does not of itself make the servant or agent a partner in
the business or liable as such;
(c.)a person being the widow or child of a deceased partner,and
receiving by way of annuity a portion of the profits made in
the business in which the deceased person was a partner,is not
by reason only of such receipt,a partner in the business or
liable as such;
(d.)the advance of money by way of loan to a person engaged or
about to engage in any business on a contract with chat person
that the lender shall receive a rate of interest varying with the
profits,or shall receive a share of the profits arising from
carrying on the business,does not of itself make the lender a
partner with the person or persons carrying on the business or
liable as such:Provided that the contract is in writing and
signed by or on behalf of all the parties thereto;and
(e.)a person receiving,by way of annuity or otherwise,a portion of
the profits of a business in consideration of the sale by him of
the goodwill of the business is not,by reason only of such
receipt,a partner in the business or liable as such.
5.In the event of any person to whom money has been advanced by
way of loan upon such a contract as is mentioned in the last preceding
section,or of any buyer of a goodwill in consideration of a share of the
profits of the business,being adjudged a bankrupt,entering into an
arrangement to pay his creditors less than twenty shillings in the pound,
or dying in insolvent circumstances,the lender of the loan shall not be
entitled to recover anything in respect of his loan,and the seller of the
goodwill shall not be entitled to recover anything in respect of the share
of profits contracted for,until the claims of the other creditors of the
borrower or buyer for valuable consideration in money or money's
worth have been satisfied.
6.Persons who have entered into partnership with one another are,
for the purposes of this Ordinance,called collectively a firm,and the
name under which their business is carried on is called the firm-name. Relations of Partners to Persons dealing with them.
7.Every partner is an agent of the firm and his other partners for
the purpose of the business of the partnership;and the acts of every
partner who does any act for carrying on in the usual way business of
the kind carried on by the firm of which he is a member bind the firm
and his partners,unless the partner so acting has in fact no authority to
act for the firm in the particular matter,and the person with whom he
is dealing either knows that he has no authority or does not know or
believe him to be a partner.
8.An act or instrument relating to the business of the firm and done
or executed in the firm-name,or in any other manner showing an
intention to bind the firm,by any firm and all the partners:Provided
that this section shall not affect any general rule of law relating to the
execution of deeds or negotiable instruments.
9.Where one partner pledges the credit of the firm for a purpose
apparently not connected with the firm's ordinary course of business,
the firm is not bound,unless he is in fact specially authorized by the
other partners;but this section does not affect any personal liability
incurred by an individual partner.
10.If it has been agreed between the partners that any restriction
shall be placed on the power of any one or more of them to bind the
firm,no act done in contravention of the agreement is binding on the
firm with respect to persons having notice of the agreement.
11.Every partner in a firm is liable jointly with the other partners
for all debts and obligations of the firm incurred while he is a partner;
and after his death his estate is also severally liable in a due course of
administration for such debts and obligations,so far as they remain
unsatisfied,but subject to the prior payment of his separate debts.
12.Where,by any wrongful act or omission of any partner acting
in the ordinary course of the business of the firm or with the authority
of his co-partners,loss or injury is caused to any person not being a
partner in the firm,or any penalty is incurred,the firm is liable
therefor to the same extent as the partner so acting or omitting to act.
13.In the following cases,namely,-
(1.)Where one partner,acting within the scope of his apparent
authority,receives the money or property of a third person and
misapplies it;and (2.)where a firm in the course of its business receives the money or
property of a third person,and the money or property so received
is misapplied by one or more of the partners while it is in the
custody of the firm,
the firm is liable ot make good the loss.
14.Every partner is liable jointly with his co-partners and also
severally for everything for which the firm while he is a partner therein
becomes liable under either of the last two preceding sections.
15.If a partner,being a trustee,improperly employs trust-property
in the business or on the account of the partnership,no other partner is
liable for the trust-property to the persons beneficially interested there-
in:Provided as follows:-
(1.)this section shall not affect any liability incurred by any partner
by reason of his having notice of a breach of trust;and
(2.)nothing in this section shall prevent trust money from being
followed and recovered from the firm,if still in its possession or
under its control.
16.-(1.)Every one who,by words spoken or written or by conduct,
represents himself,or who knowingly suffers himself to be represented,
as a partner in a particular firm is liable as a partner to any one who
has,on the faith of any such representation,given credit to the firm,
whether the representation has or has not been made or communicated
to the person so giving credit by or with the knowledge of the apparent
partner making the representation or suffering it to be made.
(2.)Provided that where,after a partner's death,the partnership busi-
ness is continued in the old firm-name,the continued use of that name
or of the deceased partner's name as part thereof shall not of itself make
his executors or administrators,estate or effects,liable for any partner-
ship debts contracted after his death.
17.An admission or representation made by any partner concerning
the partnership affairs,and in the ordinary course of its business,is
evidence against the firm.
18.Notice to any partner who habitually acts in the partnership
business of any matter relating to partnership affairs operates as notice
to the firm,except in the case of a fraud on the firm committed by or
with the consent of that partner.
19.-(1.)A person who is admitted as a partner into an existing firm
does not thereby become liable to the creditors of the firm for anything
done before he became a partner. (2.)A partner who retires from a firm does not thereby ceases to be
liable for partnership debts or obligations incurred before his retire-
ment.
(3.)A retiring partner may be discharged from any existing liabilities
by an agreement to that effect between himself and the members of the
firm as newly constituted and the creditors,and this agreement may be
either express or inferred as a fact from the course of dealing between
the creditors and the firm as newly constituted.
20.A continuing guarantee given either to a firm or to a third
person in respect of the transactions of a firm is,in the absence of agree-
ment to the contrary,revoked as to future transactions by any change
in the constitution of the firm to which,or of the firm in respect of the
transactions of which,the guarantee was given.
Relations of Partners to one another.
21.The mutual rights and duties of partners,whether ascertained by
agreement or defined by this Ordinance,may be varied by the consent
of all the partners,and such consent may be either express or inferred
from a course of dealing.
22.-(1.)All property and rights and interests in property originally
brought into the partnership stock or acquired,whether by purchase or
otherwise,on account of the firm,or for the purposes and in the course
of the partnership business,are called in this Ordinance partnership
property,and must be held and applied by the partners exclusively
for the purposes of the partnership and in accordance with the partner-
ship agreement.
(2.)Provided that the legal estate or interest in any land whch
belongs to the partnership shall devolve according to the nature and
tenure thereof and the general rules of law applicable thereto,but in
trust,so far as necessary,for the persons beneficially interested in the
land under this section.
(3.)Where co-owners of an estate or interest in any land,not being
itself partnership property,are partners as to profits made by the use of
that land,and purchase other land out of the profits to be ised in like
manner,the land so purchased belongs to them,in the absence of any
agreement to the contrary,not as partners,but as co-owners for the
same respective estates and interests as are held by them in the land
first mentioned at the date of the purchase.
23.Unless the contrary intention appears,property bought with
money belonging to the firm is deemed to have been bought on account
of the firm. 24.Where land or any interest therein has become partnership
property ,it shall,unless the contrary intention appears,be treated,as
between the partners (including the representatives of a deceased
partner),and also as between the heirs of a deceased partner and his
executors or administrators,as personal and not real estate.
25.-(1.)After the commencement of this Ordinance,a writ of
execution shall not issue against any partnership property except on a
judgment against the firm.
(2.)The Supreme Court ,or a Judge thereof,may,on the application
by summons of any judgment cerditor of a partner,make an order
charging that partner's interest in the partnership property and profits
with payment of the amount of the judgment debt and interest thereon,
and may,by the sane or a subsequent order,appoint a receiver of that
partner's share of profits(whether already declared or accruing),and of
any other money which may be coming to him in respect of the partner-
ship,and direct all accounts and inquiries,and give all other orders and
directions,which might have been directed or given if the charge had
been made in favour of the judgment creditor by the partner,or which
the circumstances of the case may require.
(3.)The other partner or partners shall be at liberty at any time to
redeem the interest charged,or,in case of a sale being directed,to pur-
chase the same.
(4.)This section shall apply in the case of a cost-book company as
if the company were a partnership within the meaning of this Ordi-
nance.
26.The interests of partners in the partnership property,and their
rights and duties in relation to the partnership,shall be determined,
subject to any agreement,express or implies,between the partners,by
the following rules:-
(1.)all the partners are entitled to ahare equally in the capital and
profits of the business,and must contribute equally towards the
losses,whether of capital or otherwise,sustained by the firm;
(2.)the firm must indemnify every partner in respect of payments
made and personal libilities incurred by him-
(a.)in the ordinary and proper conduct of the business of the
firm;or
(b.)in or baout anything necessarily done for the preservation of
the business or property of the firm;
(3.)a partner making,for the purposes of the partnership,any actual
payment or advance beyond the amount of capital which he has
agreed to subscribe,is entitled to interest at the rate of eight per
cent. per annum from the date of the payment or advance; (4.)a partner is not entitled,before the ascertainment of profits,to
interest on the capital subscribed by him;
(5.)every partner may take part in the management of the partner-
ship business;
(6.)no partner shall be entitled to remuneration for acting in the
partnership business;
(7.)no person may be intoduced as a partner without the consent of
all existing partners;
(8.)any difference arising as to ordinary matters connected with the
partnership business may be decided by a majority of the partners,
but no change may be made in the nature of the partner busi-
ness without the consent of all existing partners;and
(9.)the partnership books are to be kept at the place of business of the
partnership(or the principal place,if there are more places than
one),and every partner may,when he thinks fit,have access to
and inspect and copy any of them.
27.No majority of the partners can expel any partner,unless a power
to do so has been conferred by express agreement between the partners.
28.-(1.)Where no fixed term has been agreed upon for the duration
of the partnership,any partner may determine the partnership at any
time on giving notice of his intention to do so to all the other partners.
(2.)Where the partnership has originally been constituted by deed,a
notice in writing,signed by the partner giving it,shall be sufficient for
this purpose.
29.-(1.)Where a partnership entered into for a fixed term is con-
tinued after the term has expirated,and without any express new agree-
ment,the rights and duties of the partnership remain the same as they were
at the expiration of the term,so far as is consistent withh the incidents of
a partnership at will.
(2.)A continuance of the business by the partners or such of them as
habitually acted therein during the term,without any settlement or
liquidation of the partnership affairs,is presumed to be a continuance of
the partner.
30.Partners are bound to render true accounts and full information
of all things affecting the partnership to any partner or his legal repre-
sentatives.
31.-(1.)Every partner must account to the firm for any benefit
derived by him,without the consent of the other partners,from any
transaction concerning the partnership or from any use by him of the
partnership property,name,or business connexion.
(2.)This section applies also to transactions untertaken after a part-
nership has been dissolved by the death of a partner,and before the
affairs thereof have been completely wound up,either by any surviving
partner or by the representatives of the deceased partner.
32.If a partner,without the consent of the other partners,carries on
any business of the same nature as the completing with that of the firm,
he must account for and pay over to the firm all profits made by him in
that business.
33.-(1.)An assignment by any partner of his share in the partner-
ship,either absolute or by way of mortgage or redeemable charge,does
not,as against the other partners,entitle the assignee,during the con-
tinuance of the partnership,to interfere in the management or adminis-
tration of the partnership business or affairs ,or to require any accounts
of the partnership transactions,or to inspect the partnership books,but
entitles the assignee only to receive the share of the profits to which the
assigning partner would otherwise be entitled,and the assignee must
accept the account of profits agreed to by the partners.
(2.)In the case of a dissolution of the partnership,whether as respects
all the partners or as respects the assigning partner,the assignee is enti-
tiled to receive the share of the partnership assets to which the assigning
partner is entitled as between himself and the other partners,and,for
the purpose of ascertaining that share,to an account as from the date of
the dissolution.
Dissolution of Partnership and its Consequences.
34.-(1.)Subject to any agreement between the partners,a partner-
ship is dissolved,-
(a.)if entered into for a fixed term,by the expiration of that
term,or
(b.)if entered into for a single adventure or undertaking ,by the
termination of that adventure or indertaking;or,
(c.)if entered into for an indefined time,by any partner giving
notice to the other or others of his intention to dissolve the
partnership.
(2.)In the last-mentioned case the partnership is dissolved as from
the date mentioned in the notice as the date of dissolution,or,if no
date is so mentioned,as from the date of the communication of the
notice.
35.-(1.)Subject to any agreement between the partners,every
partnership is dissolved as regards all the partners by the death or
bankruptcy of any partner. (2.)A partnership may,at the option of the other partners,be
dissolved if any partner suffers his share of the partnership property
to be charged under this Ordinance for his separate debt.
36.A partnership is in every case dissolved by the happening of any
event which makes it unlawful for the business of the firm to be carried
on or for the members of the firm to carry it on in partnership.
37.On application by a partner,the Court may decree a dissolution
of the partnership in any of the following cases:-
(1.)when a partner is found lunatic by inquisition,or is shown,to
the satisfaction of the Court,to be of permanently unsound mind,
in either of which cases the application may be made as well on
behalf of that partner by his committee,or next friend,or person
having title to intervene as by any other partner;
(2.)when a partner,other than the partner suing,becomes in any
other way permanently incapable of performing his part of the
partnership contract;
(3.)when a partner,other than the partner suing,has been guilty of
such conduct as,in the opinion of the Court,regard being had to
the nature of the business,is calculated to prejudicially affect the
carrying on of the business;
(4.)when a partner,other than the partner suing,wilfully or per-
sistently commits a breach of the partnership agreement or other-
wise so conducts himself in matters relating to the partnership
business that it is not resonable practicable for the other partner
or partners to carry on the business in partnership with him;
(5.)when the business of the partnership can only be carried on at a
loss;and
(6.)whenever in any case circumstances have arisen which,in the
opinion of the Court,render it just and equitable that the partner-
ship be dissolved.
38.-(1.)Where a person deals with a firm after a change in its
constitution,he is entitled to trear all apparent members of the old
firm as still being members of the firm until he has notice of the
change.
(2.)An advertisement in The Gazette as to a firm whose principal
place of business is in the Colony shall be notice as to persons who had
not dealings with the firm before th date of the dissoution or change
so advertised.
(3.)The estate of a partner who dies,or who becomes bankrupt,or of
a partner who,not having been known to the person dealing with the
firm to be a partner,retires from the firm,is not liable for partnership
debts contratced after the date of the death,bankruptcy,or retirement
respectively.
39.On the dissolution of a partnership or retirement of a partner,any
partner may publicly notify the same,and may require the other partner
or partners to concur for that purpose in all necessary or proper acts,if
any,which cannot be done without his or their concurrence.
40.After the dissolution of a partnership,the authority of each partner
to bind the firm,and the pther rights and obligations of the partners,
continue,notwithstanding the dissolution ,so far as may be necessary to
wind up the affairs of the partnership,and to complete transactions
begun but unfinished at the time of the dissolution,but not otherwise:
Provided that the firm is in no case bound by the acts of a partner
who has become bankrupt;but this proviso does not affect the liability
of any person who has,after the bankruptcy,represented himself or
knowingly suffered himself to be represented as a partner of the
bankrupt.
41.On the dissolution of a partnership,every partner is entitled ,as
against the other partners in the firm and all persons claiming through
them in respect of their interests as partners,to have the property of
the partnership applied in payment of the debts and liabilities of the
firm,and to have the surplus assets after such payment applied in
payment of what may be due to the partners respectively,after deducting
what may be due from them as partners to the firm;and for that
purpose any partner or his representatives may,on the termination of
the partnership,apply to the Court to wind up the business and affairs
of the firm.
42.Where one partner has paid a premium to another on entering
into a partnership for a fixed term,and the partnership is dissolved
before the expiration of that term otherwise than by the death of a
partner,the Court may order the repayment of the premium,or of such
part thereof as it thinks just,having regard to the terms of the partner-
ship contract and to the length of time during which the partnership
has continued;unless-
(1.)the dissolution is,in the judgmnet of the Court,wholly or chiefly
due to the misconduct of the partner who paid the premiun;or
(2.)the partnership has been dissolved by an agreement containing
no provision for a return of any part of the premium.
43.Where a partnership contract is rescinded on the ground of the
fraud or misrepresentation of one of the parties thereto,the party
entitled to rescind is,without prejudice to any other right,entitled-
(1.)to a lieu on,or right of retention of,the surplus of the partnership assets,after satisfying the partnership liabilities,for any sum of
money paid by him for the purchase of a share in the partnership
and for any capital contributed by him;and is
(2.)to stand in the place of the creditors of the firm for any
payments made by him in respect of the partnership liabilities;and
(3.)to be indemnified by the person guilty of the fraud or making
the representation against all the debts and liabilities of the firm.
44.-(1.)Where any member of a firm has dies or otherwise ceased
to be a partner,and the surviving or continuing partners carry on the
business of the firm with its capital or assets without any final settlement
of accounts as between the firm and the outgoing partner or his estate,
then,in the absence of any agreement to the contrary ,the outgoing
partner or his estate is entitled,at the option of himself or his repre-
sentatives,to such share of the profits made since the dissolution as the
Court may find to be attributable to the use of his share of the partner-
ship assets,as to interest at the rate of eight per cent. per annum on the
amount of his share of the partnership assets.
(2.)Provided that where,by the partnership contract,an option is
given to surviving or continuing partners to purchase the interest of a
deceased or outgoing partner,and that option is duly exercised,the
estate of the deceased partner or the outgoing partner or his estate,as
the case may be,is not entitled to any further or other share of profits;
but is any partner assuming to act in exercise of the option does not in
all material respects comply with the terms thereof,he is liable to account
under the preceding proivisions of this section.
45.Subject to any agreement between the partners,the amount due
from surviving or continuing partners to an outgoing or the re-
presentatives of a deceased partner in respect of the outgoing or deceased
partner's share is a debt accruing at the date of the dissolution or death.
46.In settling accounts between the partners after a dissolution of
partnership,the following rules shall,subject to any agreement,be
observed:-
(1.)losses,including losses and deficiencies of capital,shall be paid
first out of profits,next out of capital,and lastly,if necessary,by
the partners individually in the proprtion in which they were
entitled to share profits;and
(2.)the assets to the firm ,including the sums,if any,contributed by
the partners to make up losses or deficiencies of capital,shall be
applied in the following manner and order:-
(a.)in paying the debts and liabilities of the firm to persons who
are not partners therein; (b.)in paying to each partner rateably what is due from the firm
to him for advances as distinguished from capital;
(c.)in paying to each partner rateably what is due from the firm
to him in respect of capital;and
(d.)the ultimate residue,if any,shall be divided among the partners
in the proportion in which profits are divisible.
Miscellaneous Provisions.
47.The rules of equity and of common law applicable to partnership
shall continue in force,except so far as they are inconsistent with the
express provisions of this Ordinance.
A.D. 1897. Ordinance No. 2 of 1897. 53 & 54 Vict.c. 39. Short title. Interpretation of terms. Definition of partnership. No.1 of 1865. Rules for determining existence of partnership. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency. Meaning of 'firm' and 'firm-name.' Power of partner to bind firm. Partner bound by acts on behalf of firm. Partner using credit of firm for private purpose. Effect of notice that firm will not be bound by acts of partner. Liability of partners. Liability of firm for wrongs. Misapplication of money or property received for or in custody of firm. Liability for wrongs joint and several. Improper employment of trust-property for partnership purposes. Person liable by 'holding out.' Admissions and representations of partner. Notice to acting partner to be notice to firm. Liabilities of incoming and outgoing partners. Revocation of continuing guarantee by change in firm. Variation by consent of terms of partnership. Partnership property. Property bought with partnership money. Conversion into personal estate of land held as partnership property. Procedure against partnership property for partner's separate judgment debt. Rules as to interests and duties of partners, subject to special agreement. Expulsion of partner. Retirement from partnership at will. Where partnership for term is continued over, continuance on old terms presumed. Duty of partners to render accounts, etc. Accountability of partners for private profits. Duty of partner not to compete with firm. Rights of assignee of share in partnership. Dissolution by expiration or notice. Dissolution by bankruptcy, death, or charge. Dissolution by illegality of partnership. Dissolution by the Court. Rights of persons dealing with firm against apparent members of firm. Right of partner to notify dissolution. Continuing authority of partners for purposes of winding-up. Rights of partners as to application of partnership property. Apportionment of premium where partnership prematurely dissolved. Rights where partnership dissolved for fraud or misrepresentation. Right of outgoing partner in certain cases to share profits made after dissolution. Retiring or deceased partner's share to be a debt. Rule for distribution of assets on final settlement of accounts. Saving for rules of equity and of common law.

A.D. 1897. Ordinance No. 2 of 1897. 53 & 54 Vict.c. 39. Short title. Interpretation of terms. Definition of partnership. No.1 of 1865. Rules for determining existence of partnership. Postponement of rights of person lending or selling in consideration of share of profits in case of insolvency. Meaning of 'firm' and 'firm-name.' Power of partner to bind firm. Partner bound by acts on behalf of firm. Partner using credit of firm for private purpose. Effect of notice that firm will not be bound by acts of partner. Liability of partners. Liability of firm for wrongs. Misapplication of money or property received for or in custody of firm. Liability for wrongs joint and several. Improper employment of trust-property for partnership purposes. Person liable by 'holding out.' Admissions and representations of partner. Notice to acting partner to be notice to firm. Liabilities of incoming and outgoing partners. Revocation of continuing guarantee by change in firm. Variation by consent of terms of partnership. Partnership property. Property bought with partnership money. Conversion into personal estate of land held as partnership property. Procedure against partnership property for partner's separate judgment debt. Rules as to interests and duties of partners, subject to special agreement. Expulsion of partner. Retirement from partnership at will. Where partnership for term is continued over, continuance on old terms presumed. Duty of partners to render accounts, etc. Accountability of partners for private profits. Duty of partner not to compete with firm. Rights of assignee of share in partnership. Dissolution by expiration or notice. Dissolution by bankruptcy, death, or charge. Dissolution by illegality of partnership. Dissolution by the Court. Rights of persons dealing with firm against apparent members of firm. Right of partner to notify dissolution. Continuing authority of partners for purposes of winding-up. Rights of partners as to application of partnership property. Apportionment of premium where partnership prematurely dissolved. Rights where partnership dissolved for fraud or misrepresentation. Right of outgoing partner in certain cases to share profits made after dissolution. Retiring or deceased partner's share to be a debt. Rule for distribution of assets on final settlement of accounts. Saving for rules of equity and of common law.

https://oelawhk.lib.hku.hk/items/show/696

SALE OF FOOD AND DRUGS ORDINANCE, 1896

ORDINANCE No. 8 OF 1896.

Sale of Food and Drugs

AN ORDINANCE to make better provision for the Sale of
Food and Drugs in a Pure State.
[19th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Sale of Food and Drugs
Ordinance,1896.
2.In this Ordinance-
'Food' includes every food or article used for food or drink by
man,other than drugs or water:
'Drug' includes medicine for internal or external use.
3.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any article of food with any
ingredient or material so as to render the article injurious to health,
with intent that the same may be sold in that state;or
(2.)sells any such article so mixed,coloured,stained,or powdered,
shall in every case,on summary conviction before a Magistrate,be
liable to a penalty not exceeding five hundred dollars and,in default of
payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding six months.
4.Every person who-
(1.)mixes,colours,stains,or powders,or orders or permits any other
person to mix,colour,stain,or powder,any drug with any
ingredient or material so as to affect injuriously the quality or
potency of such drug,with intent that the same may be sold in
that state;or
(2.)sells any such drug so mixed,coloured,stained,or powdered,
shall in every case be liable to the punishment prescribed in the last
preceding section.
5.Provided that no person shall be liable to be convicted under either
of the last two preceding sections in respect of the sale of any article of
food or of any drug if he shows,to the satisfaction of the Magistrate
before whom he is charged,that he did not know of the article of food or drug sold by him being so mixed,coloured,stained,or powdered as
in either of those sections mentioned,and that he could not with
reasonable diligence have obtained that knowledge.
6.Every person who sells,to the prejudice of the purchaser,any
article of food or any drug which is not of the nature,substance ,or
quality of the article demanded by such purchaser shall in every case,
on summary conviction before a Magistrate,be liable to a penalty not
exceeding two hundred dollars and,in default of payment thereof,to
imprisonment,with or without hard labour,for any term not exceeding
three months:Provided that an offence shall not be deemed to be com-
mitted under this section in the following cases;that is to say,-
(1.)where any matter or ingredient not injurious to health has been
added to the food or drug because the same is required for the
production or preparation thereof as an article of commerce,in a
state fir for carriage or consumption ,and not fraudulently to increase
the bulk,weight,or measure of the food or drug or to conseal the
inderior quality thereof;
(2.)where the drug or food is a proprietary medicine,or is the subject
of a patent in force,and us supplied in the state required by the
specification of the patent;and
(3.)where the food or drug is unavoidable mixed with some
extraneous matter in the process of collection or preparation.
7.In any prosecution under the provisions of this Ordinance for
selling,to the prejudice of the purchaser,any article of food or any
drug which is not of the nature,substance,and quality of the article
demanded by such purchaser,it shall be no defence to any such
prosecution to allege that the purchaser,having bought only for
analysis,was not prejudiced by such sale.Neither shall it be a good
defence to prove that the article of food or drug in question,though
defective in nature,or in substance,or in quality,was not defective in
all these respects.
8.Every person who sells any compound article of food or
compounded drug which is not composed of ingredients in accordance
with the demand of the purchaser shall in every case,on summary
conviction before a Magistrate,be liable to a penalty not exceeding
two hundred dollars and,in default of payment thereof,to imprison-
ment,with or without hard labour,for any term not exceeding three
months.
9.Provied that no person shall be guilty of any such offence as
aforesaid in respect of the sale of an article of food or a drug mixed
with any matter or ingredient not injurious to health,and not intended to fraudulently increase its bulk,weight,or measure or to conceal its
inferior quality,if,at the time of delivering such article or drug,be
supplies to the person receiving the same a notice,by a label distinctly
and legibly written or printed on or with the article or drug,to the
effect that the same is mixed.
10.-(1.)Every person who,-
(a.)with intent that the same may be sold in its altered state without
notice,abstracts from an article of food any part of it so as
to affect injuriosly its nature,substance,or quality;or
(b.)sells any article so altered without making disclosure of the
alteration,
shall in every case,on summary conviction before a Magistrate,be liable
to a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term
not exceeding three months.
(2.)Every person who sells 'skimmed milk' to a purchaser
demanding 'milk' shall be liable to the same punishment.
11.Any purchaser or seller of an article of food or of a drug shall be
entitled,on payment of the sum of five dollars to the Government
Analyst or to any analyst appointed by the Governor for the
purposes of this Ordinance,to have such article analyzed by such
analyst,and to receive from him a certificate of the result of his
analysis.
12.Any Inspector of Nuisances,or Inspector of Weights and
Measures,or Inspector of Markets,or any Police constable acting under
the written instructions of the Secretary of the Sanitary Board,or of
the Captain Superintendent of Police,or of the Medical Officer of
Health may,at the cost of the Government,procure any sample of food
or drugs,and,if he suspects the same to have been sold to him
contrary to any provision of this Ordinance,shall submit the same to
be analyzed by the Government Analyst or by some analyst appointed
by the Governor for the purposes of this Ordinance;and such analyst
shall,on receiving payment as is provided in the last preceding section,
with all convenient speed analyze the same,and shall give a certificate
to such officer,wherein he shall specify the result of the analysis.
13.-(1.)Any person purchasing any article with the intention of
submitting the same for analysis shall,after the purchase has been
completed,forthwith notify to the seller or his agent selling the article
his intention to have the same analyzed by the Government Analyst or
by some other analyst appointed by the Governor for the purposes of
this Ordinance,and shall offer to divide the article into three parts to be when and there separated,and each part to be marked and sealed or
up in such manner as its nature will permit,and shall,if
required to do so,proceed accordingly,and shall deliver one of such
parts to the seller or his agent.
(2.)He shall retain one of the said parts for future comparison,and
shall himself submit the third part,if he deems it right to have the
article analyzed ,to the analyst.
14.If the seller or his agent does not accept the offer of the pur-
chaser to divide the article purchased in his presence,the analyst
receiving the article for analysis shall divide the same into two parts,
and shall seal or fasten up one of those parts and shall cause it to be
delivered ,either on receipt of the sample or when he supplies the
certificate,to the purchaser,and the purchaser shall retain the same
for production in case proceedings are afterwards taken in the
matter.
15.If any such Inspector or constable as is described in section 12,
acting under such written instructions as therein mentioned,applies to
purchase any article of food or any drug exposed for sale,or on sale by
retail,in any premises,shop,or store,or in any street or place,and
tenders the price for the quantity which he purchases for the purpose of
analysis,not being more than may be reasonably requisite,and the person
exposing the same for sale refuses to sell the same to such Inspector or
constable,such person shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding one hundred dollars and,in default
of payment thereof,to imprisonment,with or without hard labour,for any
term not exceeding two months.
16.The certificate of the analysis shall be in the form in the
Schedule to this Ordinance or to the like effect.
17.The Government Analyst and every analyst appointed by the
Governor for the purposes of this Ordinance shall report quarterly to the
Colonial Secretary and to the Secretary of the Sanitary Board the
number of articles analyzed by him under this Ordinance,and shall
specify the result of every analysis,and such report shall be published
by the Colonial Secretary in The Gazette.
18.When the analyst having analyzed any article has given
his certificate of the result,from which it may appear that an
offence against some one of the provisions of this Ordinance has been
committed,the person causing the analysis to be made,or,if such person
neglects to do so,the Secretary of the Sanitary Board,may take sum-
mary proceedings before a Magistrate in respect of such offence. 19.-(1.)At the hearing of the charge in such proceedings,the pro-
duction of the certificate of the analyst shall be sufficient evidence of the
facts therein stated,unless the defendant requires that the analyst shall
be called as a witness,and the parts of the articles retained by the person
who purchased the article shall be produced.
(2.)The defendant may,if he thinks fit,tender himself and his wife,
if any,to be exmained on his behalf,and he or she shall,if he so
desires,be exmained accordingly.
20.-(1.)The Magistrate before whom any complaint may be made
under this Ordinance,or the Court before which any case may be re-
heard,may,on the request of either party,in his or its discretion,
cause any article of food or drug to be sent for analysis either to the
Government Analyst or to some analyst appointed by the Governor
for the purposes of this Ordinance,and such analyst shall thereupon
give a certificate to such Magistrate or Court of the result of such
analysis.
(2.)The expense of such analysis shall be paid by the complainant or
the defendant,as the Magistrate or Court may by order direct.
21.In any prosecution under this Ordinance,when the fact of an
article having been sold in a mixed stated has been proved,if the defen-
dant desires to rely on any exception or provision contained in this
Ordinance,it shall be incumbent on him to prove the same.
22.If the defendant in any prosecution under this Ordinance proves,
to the satisfaction of the Magistrate or Court,that he had purchased the
article in question as the time in nature,substance,and quality as that
demanded of him by the prosecutor,and with a written warranty to
that effect,that he had no reason to believe at the time when he sold it
that the article was otherwise,and that he sold it in the same state as
when he purchased it,he shall be discharged from the prosecution.
23.-(1.)Every person who forges,or utters,knowing it to be forged
for the purposes of this Ordinance,any certificate or any writing pur-
porting to contain a warranty shall be guilty of a misdemeanor,and shall
on conviction before the Supreme Court,be liable to imprisonment,with
or without hard labour,for any term not exceeding two years.
(2.)Every person who wilfully applies to an article of food or a drug,
in any proceedings under this Ordinance,a certificate of warranty given
in relation to any other article or drug shal be guilty of an offence under
this Ordinance,and shall,on summary conviction before a Magistrate,
be liable to a penalty not exceeding two hundred dollars and,in default
of payment thereof,to imprisonment,with orwithout hard labour,
for any term not exceeding three months. (3.)Every person who gives a false warranty in writing to any pur-
chaser,in respect of an article of food or a drug sold by him as principal
as agent shall be guilty of an offence under this Ordinance,and shall,
on summary conviction before a Magistrate,be liable to the punishment
mentioned in the last preceding sub-section.
(4.)Every person who wilfully gives a label with any article sold by
him which falsely describes the article sold shall be guilty of an offence
under this Ordinance,and shall,on summary conviction before a
Magistrate,be liable to the punishment mentioned in sub-seciton (2.) of
this section.
24.Nothing in this Ordinance shall affect the power of proceeding
by indictment,or take away any other remedy against any offender under
this Ordinance,or in any way interfere with contracts and bargains
between individuals and the rights and remedies belonging thereto:
Provided that,in any action brought by any person for a breach of con-
tract on the sale of any article of food or of any drug,such person may
recover,alone or in addition to any other damages recoverable by
him,the amount of any penalty in which he may have been convicted
under this Ordinance,together with the costs incurred by him in and
about his defence thereto,if he proves that the article or drug,the subject
of such conviction,was sold to him as and for an article or drug of
the same nature,substance,and quality as that which was demanded of
him,and that he purchased it noty knowing it to be otherwise,and after-
wards sold it in the same state in which he purchased it;the defendant
in such action being nevertheless at liberty to prove that the conviction
was wrongful or that the amount of costs claimed is unreasonable.
25.-(1.)The Governor shall have power,on receiving such evidence as
to fitness as he may in his absolute discretion deem sufficient,to appoint
any person under his hand to be an analyst for the purposes of this
Ordinance.
(2.)Any such appointment shall be published in The Gazette,and the
production of The Gazette containing a notice of such appointment shall
be sufficient evidence of such appointment in any court of law.
26.In anyb prosecution under this Ordinance,and notwithstanding
the provisions of section 18,the summons to appear before a Magistrate
shall be served on the person charged with violating the provisions of
this Ordinance within a reasonable time,and,in the case of a perishable
article,not exceeding twenty-eight days from the time of the purchase
from such person for test purposes of the food or drug,for the sale of
which in contravention of the terms of this Ordinance the seller is
rendered liable to prosecution,and particulars of the offence or offences under this Ordinance of which the seller is accused,and also the name
of the prosecutor,shall be stated on the summons,and the summons
shall not be made returnable in a less time then seven days from the
day it is served on the person summoned.
27.It shall be lawful for any Magistrate or Court to order the
destruction of any article of food or drug in connexion with which an
offence is proved to have been committed under this Ordinance.
SCHEDULE.
FORM OF CERTIFICATE OF ANALYSIS.
To
I,the undersigned,do hereby certify that I received on the day
of ,1,from a sample of for
analysis (which then weighed),and have analyzed the same,
and declare the result of my analysis to be as follows:-
I am of opinion that the same is a sample of genuine
[or
I am of opinion that the said sample contained the parts as under,or the
percentages of foreign ingredients as under.]
Observations.
Dated the day of ,1.
(Signed.)
A.B.,
Analyst.
(1)Here insert the name of the person submitting the article for analysis.
(2)Here insert the name of the person delivering the sample.
(3)When the article cannot be conveniently weighed,this passage may be erased or the
blank may be left unfilled.
(4)Here the analyst may insert at his discretion his opinion as to whether the mixture,
if any,was for the purpose of rendering the article potanle or palatable,or of preserving
it,or of improving the appearance,or was unavoidable,and may state whether in excuse
of what is ordinary,or otherwise,or whether the ingredients or materials mixed are or are
not injurious to health.
In the case of a certificate regarding milk,butter,or any article liable to decompoistion,
the analyst shall specially report whether any change had taken place in the constitution of
the article that would interfere with the analysis.
A.D. 1896. Ordinance No. 18 of 1896. Short title. Interpretation of terms. 38 & 39 Vict.c. 63 s.2. Prohibition against mixture of food with injurious ingredient, and against selling when so mixed. Ib.s.3. Prohibition against mixing of injurious ingredient with drug, and against selling the mixture. Ib.s.4. Exemption in case of proof of absence of knowledge. Ib.s.5. Prohibition against sale of article of food and drug not of proper nature, substance, or quality. 38 & 39 Vict.c. 63 s. 6. In sale of adulterated article, no defence to allege purchase for analysis. 42 & 43 Vict.c. 30 s. 2. Penalty on sale of compounded food or drug. 38 & 39 Vict.c. 63 s. 7. Protection from offence by giving of label. Ib.s.8. Prohibition against abstraction of any part of article of food before sale, and against selling article so altered without notice. 38 & 39 Vict.c. 68 s.9. Power to purchaser or sell of food or drug to have it analyzed. Ib.s.12. Power to certain officers to procure samples of food or drugs to submit to analyst. Ib.s.13. Provision for dealing with sample when purchased. Ib.s.14. Provision when sample is not divided. 38 & 39 Vict.c. 63 s.15. Penalty on person refusing to sell article to officer. Ib.s.17. 42 & 43 Vict.c. 30 s.5. Form of certificate of analysis. 38 & 39 Vict.c. 63 s. 18. Schedule. Quarterly report of analyst. Ib.s.19. Proceedings against offenders. Ib.s.20. Effect of certificate as evidence, etc. 38 & 39 Vict.c. 63 s. 21. Power to Magistrate or Court to have article of food or drug analyzed. Ib.s.22. Onus on defendant to prove that he is protected by exception or provision. Ib.s.24. Defendant to be discharged if he proves that he bought article in same state as sold and with warrantly. Ib.s.25. Punishment for forging certificate or warranty, etc. Ib.s.27. Saving as to proceedings by indictment and contracts. 38 & 39 Vict.c. 63 s. 28. Power to appoint analysts for purposes of the Ordinance. Special provision as to time for and notice of proceedings. 42 & 43 Vict.c. 30 s.10. Forfeiture and destruction of article of food or drug. Section 16.

A.D. 1896. Ordinance No. 18 of 1896. Short title. Interpretation of terms. 38 & 39 Vict.c. 63 s.2. Prohibition against mixture of food with injurious ingredient, and against selling when so mixed. Ib.s.3. Prohibition against mixing of injurious ingredient with drug, and against selling the mixture. Ib.s.4. Exemption in case of proof of absence of knowledge. Ib.s.5. Prohibition against sale of article of food and drug not of proper nature, substance, or quality. 38 & 39 Vict.c. 63 s. 6. In sale of adulterated article, no defence to allege purchase for analysis. 42 & 43 Vict.c. 30 s. 2. Penalty on sale of compounded food or drug. 38 & 39 Vict.c. 63 s. 7. Protection from offence by giving of label. Ib.s.8. Prohibition against abstraction of any part of article of food before sale, and against selling article so altered without notice. 38 & 39 Vict.c. 68 s.9. Power to purchaser or sell of food or drug to have it analyzed. Ib.s.12. Power to certain officers to procure samples of food or drugs to submit to analyst. Ib.s.13. Provision for dealing with sample when purchased. Ib.s.14. Provision when sample is not divided. 38 & 39 Vict.c. 63 s.15. Penalty on person refusing to sell article to officer. Ib.s.17. 42 & 43 Vict.c. 30 s.5. Form of certificate of analysis. 38 & 39 Vict.c. 63 s. 18. Schedule. Quarterly report of analyst. Ib.s.19. Proceedings against offenders. Ib.s.20. Effect of certificate as evidence, etc. 38 & 39 Vict.c. 63 s. 21. Power to Magistrate or Court to have article of food or drug analyzed. Ib.s.22. Onus on defendant to prove that he is protected by exception or provision. Ib.s.24. Defendant to be discharged if he proves that he bought article in same state as sold and with warrantly. Ib.s.25. Punishment for forging certificate or warranty, etc. Ib.s.27. Saving as to proceedings by indictment and contracts. 38 & 39 Vict.c. 63 s. 28. Power to appoint analysts for purposes of the Ordinance. Special provision as to time for and notice of proceedings. 42 & 43 Vict.c. 30 s.10. Forfeiture and destruction of article of food or drug. Section 16.

https://oelawhk.lib.hku.hk/items/show/695

BIRTHS AND DEATHS REGISTRATION ORDINANCE, 1896

ORDINANCE No. 7 OF 1896.

Births and Deaths Registration

AN ORDINANCE to consolidate and amend the Law relating
to the Registration of Births and Dealths.
[11th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Births and Dealths Registration
Ordinance,1896.
2.In this Ordinance,unless the context otherwise requires,-
'House' includes any building,structure,ship,steamer,boat,or
craft:
'Public Institution' includes a prison,lock up,reformatory,work-
house,lunatic asylum,and hospital:
'Occupier' includes the governor,keeper,master,manager,direc-
tor,matron,superintendent,or other chief resident officer in this
Colony of every convent or public or charitable or religious institu-
tion,and,where a house is let or sublet in separate floors or rooms
or compartments,includes any person residing in such house who
either receives or pays rent for such separate floors or rooms or com-
partments.In cases where a whole house is occupied by any person,
without being let or sublet as aforesaid,such person shall,whether
he is the owner or not,be deemed to be the 'occupier' within the
meaning of this Ordinance. 3.-(1.)The office of the Registrar General shall be 'The General
Register Office' for keeping a register of all births and deaths of the
inhabitants of the Colony,and the Registrar General shal be the Chief
Registrar of all such births and deaths.
(2.)Any act which the Registrar General is authoried or required to
do under this Ordinance may be done by the Assistant Registrar General
or by any other officer in the Registrar General's Department specially
appointed in writing for that purpose by the Registrar General.
4.-(1.)District registers of births and deaths for Chinese shall be
kept at such Police Stations in the City of Victoria and at such other
stations in the villages which have been already or may be hereafter
declared by the Governor to the register officers,and the Inspector,
sergeant,or other Police officer for the time being in charge of such
station shall be a registrar of all births and deaths of Chinese occurring
within the district,place,or village where such Police Station is
situate.
(2.)Every Chinese required by this Ordinance to give information
concerning a birth or a death shall give the information to the registrar
of the district in which the brith or death took place,subject ,in the case
of a birth,to the provisions of seciton 10(3.).
5.All registers of the births and deaths of the Chinese population of
the Colony shall be kept in both the English and Chinese languages.
6.-(1.)The Registrar General shall cause to be printed on account of
the said Register Office a sufficient number of register books for making
entries of all births and deaths of the inhabitants of the Colony accord-
ing to the Forms Nos.1 and 2 in the Schedule to this Ordinance.
(2.)The said register books shall be of durable materials,and in them
shall be printed,upon each side of every leaf,the heads of information
herein required to be known and registered of births and deaths
respectively;and every page of each such book shall be numbered pro-
hressively from the behinning to the end,beginning with number one;
and every place of entry shall be also numbered progressively from the
beginning to the end of the book beginning with number one;and
every entry shall be divided from the following entry by a printed
line.
7.The Registrar General shall cause himself to be provided with,and
shall furnish to every registrar,a sufficient number of register books of
births and of register books of deaths;and the Registrar General and
every registrar shall be authorized,and is hereby required ,to inform
himself carefully of every birth and every death which may happens
within his district or districts,or place or village,after this Ordinance
as come into operation,and to learn and register,as soon after the event
conveniently may be done,without fee or reward ,save as hereinafter
mentioned,in one of the said books,the particulars required to be re-
ordered according to the said forms respectively touching every such
or every such death,as the case may be,which has not been
already registered,every such entry being made in order from the be-
ginning to the end of the book.
8.-(1.)In case any living new-born child is found exposed,it shall
be the duty of any person finding such child,and of any person in whose
charge such child may be placed,to report such finding to the Registrar
General or a registrar,and to give,to the best of his knowledge and belief,
the Registrar General or registrar,within seven days after the finding
of such child ,such informaiton of the particulars requried to be regis-
tered concerning the birth of such child as the informant possesses,and,
as the presence of the Registrar General or registrar,to sign the register.
(2.)In case any living new-born child is brought to and admitted
into any convent or public or charitable or religious institution,it shall
be the duty of the person admitting such child,or having charge of the
convent or institution to which such child is admitted,to ascertain,at
the time of admission,from the person bringing such child for admission,
such information of the particulars required to be registered concerning
the birth of such child as can be elicited,and if after admission,to give to the
Registrar General or registrar such information.
9.The father of every child born alive in the Colony after the
commencement of this Ordinance,or,in case of the death,illness,
absence,or inability of the father,the mother of such child,or,in case
of the death,illness,absence,or inability of the father and mother,the
occupier of the house in which child has been born,or any person
present at the birth,shall,within forty-two days after the day of person
birth,give information to the Registrar General or the registrar of
the district or place within which such birth may have occurred,accord-
ing to the best of his or her knowledge and belief,of the several
particulars hereby required to be known or registered,and shall,in the
presence of the Registrar General or registrar,sign the register.
10.-(1.)In every case where the information required by this
Ordinance is given to the Registrar General or any registrar within
forty-two days of the birth of any child,exclusive of the day of birth,
no fee shall be required or paid for registering the said birth;but when
such information is given after the expiration of the said forty-two days
and within twelve months after the said birth,exclusive of the day of birth,a fee of one dollar shall be required of and paid by the person
who,by virtue of this Ordinance,is charged with the duty of giving
information concerning such birth.If no such information as aforesaid
is given within three months after the said birth,the person charged
with the duty of giving such information shall,on summary conviction
before a Police Magistrate,be liable to a penalty not exceeding twenty-
five dollars and,in default of payment thereof,to imprisonment,with or
without hard labour,for any term not exceeding one month.After the
expiration of twelve months next after the birth of any child,that birth
shall not be registered except with the consent of the Registrar General,
and the fact of suchy consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the birth of a child after the expiration of
twelve months next after the birth of such child.
(2.)In the case of an illegitimate child,no person shall,as father of
such child,be required to give information under this Ordinance con-
cerning the birth of such child,and the Registrar General or registrar
shall not enter in the register the name of any person as father of such
child,except at the joint request of the mother and of the person acknow-
ledging himself to be the father of such child,and such perosn shall in
such case sign the register together with the mother.For the purposes
of this Ordinance every child,and such Chinese male shall be deemed to
be a legitimate child,and such Chinese male shall be deemed to be the
father of such child.
(3.)Any person required by this Ordinance to give information con-
cerning a birth who removes,before such birth is registered,out of the
district in which such birth has taken place may,within forty-two days
after such birth,give the required information to the Registrar General
or to the registrar of the district in which he resides,and shall,at the
time of giving such information,sign the register in the presence of the
Registrar General.
11.-(1.)When the birth of any child has been registered and the
name,if any,by which it was registered is altered,or,if it was registered
without a name,when a name is given to it,the parent or guardian of
such child,or other oerson procuring such name to be altered or given,
may,within twelve months next after the registration of the birth,make
a declaration to the Forms Nos. 3 and 4 in the Schedule to this Ordinance,
whereupon the Registrar General or registrar shall,without any erasure
of the previous entry,forthwith enter in the register book the name
mentioned in the declaration aforesaid,and shall,on the application of
the said parent or guardian or other person procuring such name to be altered or given,forwith deliver to such parent,guardian,or other
person as aforesaid a certificate according to the Forms Nos.5 and 6
in the Schedule to this Ordinance,for which a fee of one dollar shall be
charged.
(2.)No such alteration or addition as that mentioned in this section
shall be made after the expiration of tweelve months from the date of the
registration of the birth,except on payment to the Registrar General or
registrar of a fee of two dollars:Provided that whenever it is shown,
to the satisfaction of the Registrar General,that,owing to absence from
the Colony or other reasonable cause,the parent,guardian,or other
person procuring such name to be altered or given is unable to attend
personally before the Registrar General to make a declaration in writing
in accordance with this section,the Registrar General may,in his
discretion,accept in lieu thereof a declaration in writing made before
any person competent to take statutiry declarations or may accept such
other evidence as he may in the circumstances deem sufficient,and may
thereupon act in all respects as if a declaration in writing had been made
before him personally.
12.-(1.)When a person dies in a house after the commencement of
this Ordinance,it shall be the duty of the nearest relatives of the
deceased present at the death or in attendance during the last illness of
the deceased,and,in default of such relatives,of each person present at
the death or in attendance during the last illness,and of any occupoer
of the house in which,to his knowledge,the death took place,and,in
default of the persons hereinbefore in this section mentioned,of each
inmate of such house,and of the person causing the body of the deceased
to be buried,to give,to the best of his knowledge and belief,to the
Registrar General or registrar,within the forty-eight hours(in which
Sundays and Government holidays shall not be included) next following
the time of such death,informaiton of the particulars required to be
registered concerning such death,and,in the presence of the Registrar
General or registrar,to sign the register.
(2.)When a person dies in a place which is not a house,or a dead
body is found elsewhere than in a house,it shall be the duty of every
relative of the deceased,having knowledge of any of the particulars
required to be registered concerning the death,and,in default of
such relative,of every person present at the death,and of any person
finding and of any person taking charge of the body,and of the person
causing the body to be buried,to give to the Magistrate discharging the
duties of Coroner,within the forty-eight hours (in which Sundays and
Government holidays shall not be included)next after the death or the
finding,such information of the particulars required to be registered concerning the death as the informant possesses,and such particulars
shall be forthwith forwarded by the said Magistrate to the Registrar
General,who shall duly register the same.
(3.)After the expiration of twelve months next after any death or
after the finding of any dead body elsewhere than in a house,that death
shall not be registered,except with the consent of the Registrar General
and the fact of such consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the death of any person after the expiraiton
of twelve months next after any such death or after the finding of
any dead body elsewhere than in a house.
(4.)Where an inquest is held on any dead body,any Magistrate dis-
charging the duties of Corner shall inquire of the particulars required
to be registered concerning the death,and such Magistrate shall send to
the Registrar General,within seven days next after the termination of
the inquest,a certificate under his hand giving information concerning
the death and specifying the said particulars,the cause of death,and the
time and place at which the inquest was held,and the Registrar General
shall,in the prescribed form and manner,enter the death and particulars
in the register.Where an inquest is held on any dead body,no person
shall,with respect to such dead body or death,be subject to any penalty
for failing to give information in pursuance of any other provision of
this Ordinance.
13.-(1.)No person,unless acting under the written sanction or
direction of the Secretary of the Sanitary Board,shall remove,or assist
or attempt to remove,or procure the removal of,or bury any dead
body until a certificate of death under the next succeeding section has
been issued,or an order to bury has been obtained from any Magistrate
discharging the duties of Corner: Provided always that where inter-
ment is urgent and it is not possible to promtly procure the issue
of such a certificate or order,it shall be the duty of any person who
may desire to remove or bury a dead body to report his desire at the
nearest Police Station,when the Inspector or other officer in charge
shall issue forthwith a removal permit according to the Form No.7 in the
Schedule to this Ordinance.The issue of the aforesaid removal permit
shall be forthwith reported to the Registrar General by the issuing
officer,and shall not exonerate the persons required by this Ordinance
to give information respecting the death of any person from giving the
information required.
(2.)No person,unless acting the written sanction or direction
of the Secretary of the Sanitary Board,shall remove,or assist or
attempt to remove,or procure the removal of a dead body from the Colony until he has obtained from the Registrar General or a
register a certificate according to the Form No.8 in the Schedule to
this Ordinance.
14.-(1.)The Registrar General or a registrar,immediately on
registering any death or as soon theeafter as he may be requireed to
do so,shall ,without fee or reward,deliver,either to the person giving
information concerning the death or to the undertaker or other person
having charge of the funeral,a certificate under his hand,according to
the Form No.9 in the Schedule to this Ordinance,that such death has
been duly registered,and such certificate shall be delivered by such
undertaker or other person to the minister or officiating person,if any,
who may be required to perform any religious service for the burial of
the dead body:Provided always that any Magistrate discharging the
duties of Corner may order any body to be buried,if he thinks fit,
before registration of the death,and shall in such case give a certificate of
his order in writing under his hand,according to the Form No.10 in
the Schedule to this Ordinance,to the relative of the deceased or other
person who causes the body to be buried or to such undertaker or other
person having charge of the funeral,and such certificate shall be
delivered by the recipient to such minister or officiating person as
aforesaid.
(2.)Any person who performs any funeral or religious service for
the burial of any dead body without receiving either a certificate duly
made and delivered as aforesaid by the Registrar General,registrar,or
Magistrate,or a paper containing the written sanction or direction to
bury of the Secretary of the Sanitary Board,or a permit to bury by an
Inspector or other officer in charge of a Police Station,shall,on
summary conviction before a Police Magistrate,be liable to a penalty
not exceeding fifty dollars and,in default of payment thereof,to
imprisonment ,with or without hard labour,for any term not exceeding
two months.
15.A person shall not wilfully bury or procure to be buried the body
of any deceased child as if it were still-born.No person shall bury or
procure to be buried any still-born child,unless there is delivered to him
either-
(1.)a written certificate,according to the Form No.11 in the
Schedule to this Ordinance,that such child was not born alive,
signed by a registered medical practitioner who was in attendance
at the birth or has examined the body of such child;or
(2.)a declaration,according to the Form No.12 in the Schedule to this
Ordinance,signed by some person who would,if the child had been
born alive,have been required by this Ordinance to give information
concerning the birth,to the effect that no registered medical
practitioner was present at the birth,or that his certificate cannot
be obtained,or that the child was not born alive;or
(3.)an order of any Magistrate discharging the duties of Corner.
16.Where there is in the coffin in which any deceased person is
brought for burial the body of any other deceased person or the body
of any still-born child,the undertaker or other person who has charge
of the funeral shall deliver to the person who buries or performs any
funeral or religious service for the burial of such body or bodies notice
in writing,signed by such undertaker or other person,and stating ,to
the best of his knowledge and belief,with respect to each such body the
following praticulars,according to the Forms Nos. 13,14,and 15 in the
Schedule to this Ordinance:-
(1.)if the body is the body of a deceased person,the name,sex ,and
place of abode of the said deceased person;
(2.)if the body has been found exposed,and the name and place of
abode are unknown,the fact of the body having been so found and
of the said praticulars being unknown;and,
(3.)if the body is that of a deceased child without a name or a
still-born child,the name and place of abode of the father,or,if it
is illegitimate,of the mother,of such child.
17.With respect to certificates of the cause of death,the following
provisions shall have effect:-
(1.)the Registrar General shall,on the application in writing of a
registered medical practitioner,furnish such practitioner with a
book of printed forms of certificates of death,according to the
Form No.16 in the Schedule to this Ordinance;
(2.)in case of the death of any person who has been attended during
his last illness by a registered medical practitioner,that practitioner
shall forthwith sign and give to some person required by this
Ordinance to give information concerning the death a certificate,
in the form prescribed by this section,stating,to the best of his
knowledge and belief,the cause of death,and such person shall,on
giving information concerning the death,deliver that certificate to
the Registrar General or a registrar;and the cause of death as
stated in that certificate shall be entered in the register;
(3.)where an inquest is held on the body of any deceased person,a
medical certificate of the cause of death need not be given to the
Registrar General or registrar,but the certificate of the finding
furnished by any Magistrate discharging the duties of Corner shall
be sufficient;
(4.)for the purpose of securing uniformity in the death returns,the cause of death certified to by any registered medical practitioner,or
by any medical officer in any branch of Her Majesty's Service,or
by any Magistrate discharging the duties of Corner shall,so far
as possible,be described in strict accordance with the nomenclature
of diseases of the Royal College of Physicians of London.If in
any certificate the cause of death is not described in the terms of
the said nomenclature,it shall be lawful for the Registrar General or
a registrar,in his discretion,to refuse to register the cause of death
as thus certified,and to proceed in the manner provided by the
next succeeding sub-section in any case in which the Registrar
General or a registrar is not satisfied that the reported cause of
death is the true cause;and
(5.)in case of the death of any person who has not been attended
during his last illness by any registered medical practitioner,it
shall be the duty of the Registrar General or registrar,to whom
information concerning the death is given,to satisfy himself that the
cause of death stated by the person giving the information is the
true cause,and,in every case in which he is not satisfied in this
regard,it shall be his duty to communicate the particulars of the
information received to the Colonial Surgeon or to some other
medical officer appointed by the Governor for that purpose,who
shall institure or cause to be instituted immediate inquiries with a
view to ascertaining the true cause of death,and shall as soon
as possible report the result to the Registrar General or a re-
gistrar.
18.-(1.)In the months of January,April,July,and October,on such
days as may from time to time be appointed by the Registrar General,
every registrar shall make and send to the Registrar General,on durable
materials,a true copy,certified by him under his hand,of all the entries
of births and deaths in the register books kept by him since the last
certificate,and the Registrar General shall verify the same,and,if found
to be correct,shall certify the same under his hand to be a true copy,
and if there has been no birth or death registered since the delivery of
the last certificate,the registrar shall certify the fact,and such certificate
shall be delivered to the Registrar General as aforesaid,and counter-
signed by him.
(2.)Each registrar shall keep safely such register books as may be
placed under his control,until each of the said register books is filled,
and shall then deliver it to the Registrar General,to be kept by him with
the records of his office.
19.The Registrar General and every registrar who has the keeping
for the time being of any register book of births or deaths shall,during
recognized office hours,allow searches to be made of any register book
in his keeping;and the Registrar General shall give a copy,certified
under his hand,of any entry or entries in the same on payment of the
fees hereinafter mentioned,that is to say,for every search extending
over a period not less than one year additional year,and the sum of one dollar
for every single certificate.
20.-(1.)The Registrar General shall cause indexes of the register
books in his office to be made and kept with the order records of his
office;and every person shall be entitled ,during recognized office hours,
to search the said indexes and to have a certified copy of any entry or
entries in the said register books under the hand of the Registrar
General on payment of the fees hereinafter mentioned,that is to say,
for every general search the sum of two dollars,and for every particular
search the sum of fifty cents,and for every such certified copy the sum
of one dollar.
(2.)In this section the term 'general search' means a search during
any number of successive hours not exceeding six,without stating the
object of the search;and the term 'particular search' means a search
over any period not exceeding five years for any given entry.
21.The Registrar General shall cause to be made a seal of the
General Register Office,and shall cause to be sealed or stamped there-
with all certified copies of entries given in the said office;and every
certified copy of an entry purporting to be sealed or stamped with the
seal of the said office shall be received as evidence of the birth or death
to which the same relates,without any further or other proof of such
entry;and no certified copy purporting to be given in the said office
shall be of any force or effect which is not seales or stamped as
aforesaid.
22.Every sum received under the provisions of this Ordinance by
or on account of the Registrar General shall be accounted for by or
to him and paid by him into the Colonial Treasury.
23.Every person who wilfully makes or causes to be made,for the
purpose of being inserted in any register of births or deaths ,any false
statement touching any of the particulars herein required to be known
and registered shall be subject to the same pains and penalties as if
he had been guilty of perjury.
24.Every person who,-
(1.)being charged with the duty of registering births or deaths,
refuses or,without reasonable cause,omits to register any birth or
death of which he has had due notice as aforesaid;or, (2.)having the custody of any register book or certified copies
thereof,or of any part thereof,carelessly loses or injures the same,
or carelessly allows the same to be injured whilst in his keeping,
shall,on summary conviction before a Police Magistrate,be liable to
a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term not
exceeding six months.
25.Every person who-
(1.)wilfully destroys or injures,or causes to be destroyed or injured,
any such register book or any part or certified copy of any part
thereof;or
(2.)falsely makes or counterfeits,or causes to be falsely made or
counterfeited,any part of any such register book or certified copy
thereof;or
(3.)wilfully inserts or causes to be inserted in any register book,or
certified copy thereof,any false entry of any birth or death;or
(4.)wilfully gives any false certificate;or
(5.)certifies any writing to be a copy or extract of any register book,
knowing the same register to be false in any part thereof;or
(6.)forges or counterfeits the seal of the General Register Office,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard labour,
for any term not exceeding two years.
26.The Registrar General,when and as required by the Sanitary
Board,shall transmit a return ,certified under his hand to be a true
return ,of such of the particulars registered by him or by any registrar
concerning any death or deaths as may from time to time be specified
in writing by the said Board;and the said Board may supply a form of
the presrcibed character for the purpose of the return,and in that case
the return shall be made in the form so supplied.
27.With regard to the correction of errors in registers of births or
deaths,the following provisions shall have effect:-
(1.)no alteration in any such register shall be made except as
authorized by this Ordinance;
(2.)any clerical error which may from time to time be discovered in
any such register shall,as soon as possibole after being discovered,
be corrected by the Registrar General or registrar,who shall place
his initials in the margin opposite the entry in which such error has
been discovered;
(3.)an error of fact or substance in any such register may be cor-
rected by entry in the margin (without any alteration of the original entry)by the Registrar General ,on payment of the fee of one dollar
and on production to him by the person requiring such error to be
corrected of a declaration,according to the Form No.17 in the
Schedule to this Ordinance,setting forth the nature of the error
and the true facts of the case,and made by two persons required
by this Ordinance to give information concerning the birth or death
with reference to which the error has been made,or,in default of
such persons,then by two credible persons having knoeledge of the
truth of the case,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made;and
(4.)where an error of fact or substance (other than an error relating
to the cause of death) occurs in the information given by the certi-
ficate of a Magistrate discharging the duties of Corner concerning
a dead body upon which he has held an inquest,such Magistrate,
if satisfied by evidence upon oath or statutory declaration that such
error exists,may certify under his hand to the Registrar General
the nature of the error and the true facts of the case as ascertained
by him on such evidence,and the error may thereupon be corrected
by the Registrar General in the register by entering in the margin
(without any alteration of the original entry) the facts as so certified
by such Magistrate,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made.
28.Except where otherwise specially provided for by this Ordinance,
every person who commits any breach or infringement of any of the
provisions contained in this Ordinance or in any regulation made there-
under,or fails to perform any duty imposed upon him by this Ordinance
or by any such regulation,shall,on summary conviction before a Police
Magistrate,be liable to a penalty not exceeding two hundred dollars
and,in default of payment thereof,to imprisonment,with or without
hard labour,for any term not exceeding six months.
29.It shall be lawful for the Governor-in-Council to make,and,when
made,to revoke,alter,or add to,such regulations as may be found
necessary or desirable for the due carrying into effect of the provisions
of this Ordinance,and from time to time to revoke,alter,or add to the
forms in the Schedule to this Ordinance. ORDINANCES OF HONGKONG
VOL .II
1891-1901
P.265 FORM No.3.
Declaration of True Name of Child.
I,A.B.,parent [or guardian]of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the name by which such child was registered was wrong,and
that the right name is to which I desire to alter the name by
which the said child was originally registered.
Dated the day of 1,.
(Signed.)
A.B.,
Parent [or Guardian]
Before me,
(Signed.)
Registrat.
Fee $2,if alteration made after 12 months after date of registration;otherwise fee $1

FORM No.4.
Declaration of Name of Child.
I,A.B., parent[or guardian] of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the said child has received the names of and
desire that these names shall be added to the register.
Dated the day of ,1.
(Signed.)
A.B.,
Parent [or Guardian].
Before me,
(Signed.)
Registrar.
Fee $2,if addition made after 12 months after date of registration;otherwise fee $1

FORM No.5.
Certificate of Registration of Alteration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name [or names] of by which
a child of one C.D. was registered on the day of ,1,
has [or have] been altered to,and that such alteration
has been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.6.
Certificate of Registration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name[or names] of has [or have]
been given to the child of one C.D. whose birth was registered on the
day of ,1, and that such name or names has [or have]
been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.7.
Permit for Removal of Dead Body.
Permission is hereby given to of to remove and
bury the dead body of one called from the floor of
No. to
Dated the day of ,1.
(Signed.)
Officer in Charge,
No. Police Station.
FORM No.8.
Permit for Removal of Dead Body from the Colony.
Permission is hereby given to of to remove
from the Colony the dead body of one called
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
FORM No.9.
Certificate of Registration of Death.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the death of has been duly registered
by me on the day of ,1.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar. FORM No.10.
Order for Burial of Body.
I,A.B., Magistrate appointed to dischange the duties of Coroner for the
Colony of Hongkong,do hereby order the burial of the body now shown or
reported to me as the body of
Dated the day of ,1.
(Signed.)
A.B.,
Magisterial Coroner.
FORM No.11.
Certificate of Still Birth.
I,A.B., registered medical practitioner in the Colony of Hongkong,hereby
certify that I was attendance at the birth of the child of Mrs.C.D. [or
have examined the body of the child of Mrs.C.D.] and that such child was
not born alive.
Dated the day of ,1.
(Signed.)
A.B.,
Registered Medical Practitioner.
FORM No.12.
Declaration as to Still Birth.
I,A.B., do solemnly and sincerely declare that no registered medical
practitioner was present at the birth of the child of Mrs.C.D. which occurred
on the day of 1, [or that Mr. E.F.,registered
medical practitioner,was present at the birth of the child of Mrs.C.D. which
occurred on the day of 1, but that his certificate
according to the Form No.11 in the Schedule to the Births and Deaths
Registration Ordinance,1896,cannot be obtained,or that the child of Mrs.
C.D. which was born on the day of 1, was not
born alive].
Dated the day of ,1.
(Signed.)
A.B.,
Legal Informant.
Before me,
(Signed.)
Justice of the Peace. FORM No. 13.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of E.F., a male [or female] lately residing at
No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace.
FORM No. 14.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is a body which has been found exposed,and that the name
and place of abode of the person whose body has been found are unknown.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me ,
(Signed.)
Justice of Peace.
FORM No. 15.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of a deceased child,name unknown [or of a still-
born child] and the name and place of abode of the father [or mother] of such
child are and No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace. ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.270 NOTICE
(to be indorsed on the back of the Certificate).
By Section 17 of the Births and Deaths Registration Ordinance,1896, it
is enacted that whenever a Registered Medical Practitioner has been in
attendance during the last illness of a deceased person,such Practitioner shall
sign and give to a qualified Informant of the Death a Certificate of the
Cause of Death.The Informant is bound to deliver the Certificate to the
Registrar General or a Registrar of Deaths.
Persons qualified to be Informants for the Registration of the Death and to
whom only this Certificate should be given.
1.A RELATIVE of the Deceased,present at the death.
2.A RELATIVE of the Deceased,in attendance during the last illness.
3.A person 'present at the death.'
4.A person in attendance during the last illness.
5.The 'Occupier' of the House in which the death occurred.
6.An 'Inmate' of the House in which the Death occurred.
7.The person 'who caused the body to be buried.'
Penalty for failing to give information within the 48 hours (in which Sundays and
Government Holidays shall not be included)next following death is $200.
Informants must be prepared to state accurately ot the Registrar General or a Registrar the
following particulars:-
(1.)The date and place of Death;
(2.)The full names and surname of Deceased;
(3.)The correct age of Deceased;and
(4.)The rank,profession,or occupation of Deceased.[If Deceased is a child or an
unmarried person without occupation or property,the full names and rank or progession
of the father will be required(except in the case of illegitimate children);if a wife or
widow,those of the husband or deceased husband.]
FORM No.17.
Declaration for Correction of Error in Register.
We,A.B. and C.D., hereby solemnly and sincerely declare that when the
birth [or death] of E.F. was registered on the day of
I,the following errors of fact or substance occurred in the register,
viz.[here set forth the error or errors].
And we further solemnly and sincerely declare that the true facts of the
case are as follows:-[here set forth the true facts].
Dated the day of ,1.
(Signed.)
A.B.
C.D.
Before me,
(Signed.)
Justice of Peace. A.D. 1896. Ordinance No. 16 of 1896, with Ordinance No. 20 of 1898 incorporated. Short title. Interpretation of terms. 37 & 38 Vict.c. 88 s. 48. Ib. Registrar General to be Chief Registrar of births and deaths. Establishment of district registers at certain places. Language of certain registers. Keeping and form of register book. Schedule: Form Nos. 1 and 2. Duty of Registrar General and registrar to register births and deaths. Information respecting living new-born child to be given to registrar. 37 & 38 Vict.c. 88 s. 3. Duty of parent or occupier to register birth within 42 days. Ib.s.1. Registration of birth after expiration of 42 days. 37 & 38 Vict.c. 88 s. 7. Ib.s.6. Registration of name of child or of alteration of name. Ib.s.8. Schedule Forms Nos. 3 and 4. Forms Nos. 5 and 6. Information of death to be given in various cases to Registrar General or registrar, etc. 37 & 38 Vict.c. 88 s. 10. Ib.s.11. 37 & 38 Vict.c. 88 s. 15. Ib.s.16. Restrictions on removal of dead body. Schedule: Form No. 7 ; Forms No. 8. Issue of certificate of registration of death or of certificate of order for burial. Schedule: Form No. 9; Form No. 10. Burial of deceased child as still-born. 37 & 38 Vict.c. 88 s. 18. Schedule: Form No. 11; Form No. 12. Notice where coffin contains more than one body. 37 & 38 Vict.c. 88 s. 19. Schedule: Form Nos. 13-15. Provisions as to certificates of cause of death. Ib.s.20 Schedule: Form No. 16. Sending to Registrar General of certified copies of district registers of births and deaths and of register books, when filled. Allowing of searches and giving of certificates, and fees therefor. Making of indexes and search thereof. 37 & 38 Vict.c. 88 s. 42. Sealing of certified copies given at General Register Office. Accounting for fees. Punishment for giving false information. Penalty for not duly registering births and deaths. Punishment for destroying or falsifying register book. Return by Registrar General to Sanitary Board. 37 & 38 Vict.c. 88 s. 28. Correction of error in register. Ib.s.36. Schedule: Form No. 17. Punishment for infringement of the Ordinance or of regulations. Making of regulations, etc. Section 6. Section 6. Section 11. Section 11. Section 11. Section 11. Section 13. Section 13. Section 14. Section 14. Section 15. Section 15. Section 16. Section 16. Section 16. Section 27.

A.D. 1896. Ordinance No. 16 of 1896, with Ordinance No. 20 of 1898 incorporated. Short title. Interpretation of terms. 37 & 38 Vict.c. 88 s. 48. Ib. Registrar General to be Chief Registrar of births and deaths. Establishment of district registers at certain places. Language of certain registers. Keeping and form of register book. Schedule: Form Nos. 1 and 2. Duty of Registrar General and registrar to register births and deaths. Information respecting living new-born child to be given to registrar. 37 & 38 Vict.c. 88 s. 3. Duty of parent or occupier to register birth within 42 days. Ib.s.1. Registration of birth after expiration of 42 days. 37 & 38 Vict.c. 88 s. 7. Ib.s.6. Registration of name of child or of alteration of name. Ib.s.8. Schedule Forms Nos. 3 and 4. Forms Nos. 5 and 6. Information of death to be given in various cases to Registrar General or registrar, etc. 37 & 38 Vict.c. 88 s. 10. Ib.s.11. 37 & 38 Vict.c. 88 s. 15. Ib.s.16. Restrictions on removal of dead body. Schedule: Form No. 7 ; Forms No. 8. Issue of certificate of registration of death or of certificate of order for burial. Schedule: Form No. 9; Form No. 10. Burial of deceased child as still-born. 37 & 38 Vict.c. 88 s. 18. Schedule: Form No. 11; Form No. 12. Notice where coffin contains more than one body. 37 & 38 Vict.c. 88 s. 19. Schedule: Form Nos. 13-15. Provisions as to certificates of cause of death. Ib.s.20 Schedule: Form No. 16. Sending to Registrar General of certified copies of district registers of births and deaths and of register books, when filled. Allowing of searches and giving of certificates, and fees therefor. Making of indexes and search thereof. 37 & 38 Vict.c. 88 s. 42. Sealing of certified copies given at General Register Office. Accounting for fees. Punishment for giving false information. Penalty for not duly registering births and deaths. Punishment for destroying or falsifying register book. Return by Registrar General to Sanitary Board. 37 & 38 Vict.c. 88 s. 28. Correction of error in register. Ib.s.36. Schedule: Form No. 17. Punishment for infringement of the Ordinance or of regulations. Making of regulations, etc. Section 6. Section 6. Section 11. Section 11. Section 11. Section 11. Section 13. Section 13. Section 14. Section 14. Section 15. Section 15. Section 16. Section 16. Section 16. Section 27.

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SUPREME COURT (ADMIRALTY PROCEDURE) ORDINANCE, 1896

ORDINANCE No. 6 OF 1896.

Supreme Court (Admiralty Procedure)

AN ORDINANCE to regulate the Admiralty Procedure of the
Supreme Court.
[1st September,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:- 1.This Ordinance may be cited as the Supreme Court (Admiralty
Procedure) Ordinance,1896.
2.From and after the 1st day of September,1896,the Rules made
in pursuance of an Act of Parliament passed in the 26th year of the
resign of Her Majesty youching the practice to be observed in the Vice-
Admiralty Courts and established by the Queen's Order-in-Council of
the 23rd day of August,1883,shall,as regards all actions commenced
on and after the said day,cease to have operation as Rules of Court in
the Admiralty Jurisdiction of the Supreme Court of Hongkong,and,in
lieu of the said Rules,the Rules contained in the Schedule to this
Ordinance shall apply to all actions commenced in the Admiralty Juris-
diction of the said Supreme Court on and after 1st day of
Septemeber,1896.
SCHEDULE.
HONGKONG.
RULES OF PROCEDURE
FOR THE
ADMIRALTY JURISDICTION OF THE SUPREME COURT.
1.In the construction of these Rules,and of the Forms and Tables of Fees
annexed thereto,the following terms shall(or not inconsistent with the con-
text or subject-matter) have the respective meanings hereinafter assigned to
them;that is to say,-
'The Court' means the Supreme Court of Hongkong and includes any
Judge thereof,whether sitting in Court or in Chambers:
'The Registry' means the Registry of the COurt:
'The Registrar' menas the Registrar of the Court or any Deputy
Registrar thereof:
'Action ' means any action,cause,suit,or other proceeding instituted
in the Court:
'Plaintiff' includes the plaintiff's solicaitor,if he sues by a solicitor:
'Defendant' includes the defendant's solicaitor,if he appears by a
solicitor:
'Party' includes the party's solicitor,if he sues or appears by a
solicitor:
'Ship' includes every description of vessel used in navigation not pro-
pelled by oars only:
'Month' means calendar month.
Actions.
2.Actions shall be of two kind,actions in rem and actions in personam.
3.Actions for condemnation of any ship,boat,cargo,proceeds,slaves,or
effects,or for recovery of any pecuniary forfeiture or penalty,shall be
instituted in the name of the Crown. 4.All actions shall be numbered in the order in which they are instituted,
and the number given to any action shall be the distinguishing number of
the action,and shall be written or printed on all documents in the action as
part of the title thereof.Forms of the title of an action will be found in the
Appendix hereto,Forms Nos.1,2,and 3.
Writ of Summons.
5.Every action shall be commenced by a writ of summons,which,before
being issued,shall be indorsed with a statement of the nature of the claims,
and of the relief or remedy required,and of the amount claimed,if any.
Such writ whereon the same is sued out.Forms of the writ of summons and
of the indorsements thereon will be found in the Appendix hereto,Forms
Nos.4,5,6,and 7.
6.In an action for seaman's master's wages,or for master's wages and
discursements,or for necessaries,or for bottomry,or in any action in which
the plaintiff desires on account,the indorsement on the writ of summons
may include a claim to have an account taken.
7.The writ of summons shall be indorsed with the name and address of
the plaintiff,and with an address within the Colony,to be called an address
for service,not more than three miles from the Registry ,at which it shall be
sufficient to leave all documents required to served upon him.
8.The writ of summons shall be prepared and indorsed by the plaintiff,
and shall be issued under the Seal of the Court,and a copy of the writ and of
all the indorsements thereon,signed by the plaintiff,shall be left in the
Registry at the time of sealing the writ.
9.The writ may allow the plaintiff to amend the writ of summons and
the indorsements thereon in such manner and on such terms as to the COurt
may seem fit.
Service of Writ of Summons.
10.In an action in rem the writ of summons shall be served-
(1.)upon ship,or upon cargo,freight,or other property,if the cargo or
other property is on board a ship,by attaching the writ for a short
time to the mainmast or the single mast,or to some other conspicuous
part of the ship,and by leaving a copy of the writ attached thereto;
(2.)upon cargo mfreight,or other property,if the cargo or other property
is not on board a ship,by attaching the writ for a short time to such
cargo or property,and by leaving a copy of the writ attached thereto;
(3.)upon feight in the hands of any person,by showing the writ to him
and by leaving with him a copy thereof;and
(4.)upon proceeds in Court,by showing the writ to the Registrar and by
leaving with him a copy thereof.
11.If access cannot be obtained to the property upon which it is to be
served,the writ may be served by showing it to any person appearing to be
in charge of such property,and by leaving with him a copy of the writ. 12.In an action in personam,the writ of simmons shall be served by
showing it to the defendant,and by leaving with him a copy of the writ.
13.A writ of summons against a firm may be served upon any member of
the firm or upon any person appearing at the time of service to have the
management of the business of the firm.
14.A writ of summons against a corporation or a public company may be
served in the mode provided by law for service of any other writ or legal
process upon such corporation or company.
15.If the person to be served is under disability,or if for any cause
personal service cannot,or cannot promtly,be effected,or if in any action,
whether in rem or in personam,there is any doubt or difficult as to the
person to be served or as to the mode of service,the Court may order upon
whom or in nwhat manner service is to be made,or may notice to be
given in leiu of service.
16.The writ of summons,whether in rem or in personam,may be served
by the plaintiff or his agent within six months from the date thereof,and
shall,after service,be filed with a certificate of service indorsed thereon.
17.The certificate shall state the date and mode of service,and shall be
signed by the person who served the writ.A from of certificate of service
will be found in trhe Appenidx hereto,Form No.8.
Appearance.
18.A party appearing to a writ of summons shall file an appearance at the
place directed in the writ.
19.A party not appearing within the time limited by the writ may,by
consent of the other parties or by permission of the Court,appear at any time,
on such terms as the Court may order.
20.If the party appearing has a set-off or counterclaim against the plaintiff,
he may indorse on his appearance a statement of the nature thereof,and of
the relief or remedy required,and of the amount,if any,of the set-off or
counterclaim.But if,in the opinion of the urt,such set-off or counter-
claim cannot be conveniently disposed of in the action,the COurt may order
it to be struck out.
21.The appearance shall be signed by the party appearing,and shall state
his name and address,and an address within the Colony,to be called an
address for service,not more than three miles from the Registry,at which it
shall be sufficient to leave all documents required to be served upon him.
Forms of the appearance and of indorsement of set-off or counterclaim will be
found in the Appendix hereto,Forms Nos. 9 and 10.
Parties.
22.Any number of persons having interests of the same nature arising out
of the same matter may be jointed inthe same action,whether as plaintiffs or
as defendants. 23.The Court may order any person who is interested in the action,though
not named in the writ of summons,to come in either as plaintiff or as
defendant.
24.For the purposes of the last preceding Rule,and underwriter or insurer
shall be deemed to be a person interested in the action.
25.The Court may order on what terms any person shall come in,and
what notices and documents,if any,shall be given to and served upon him,
and may give such further directions in the matter as to the Court may seem
fit.
Consolidation of Actions.
26.Two or more actions in which the questions at issue are substantially
the same,or for matters which might properly be combined in one action,
may be consolidated by order of the Court,on such terms as may seem fit.
27.The Court may,in its discretion,order several actions to be tried at
the same time and on the same evidence,or the evidence on one action to be
used as evidence in another,or may order one of several actions to be tried
as a test action,and the other actions to be stayed to abide the result.
Warrant.
28.In an action in rem a warrant for the arrest of property may be issued
by the Registrar at the time of or at any time after the issue of the writ of
summons,of an affidavit being filed,as prescribed by the following Rules.
A form of affidavit to lead warrant will be found in the Appendix hereto,
Form No. 11.
29.The addidavit shall state the nature of the claim,and that the aid of the
Court is required.
30.-(1.)In an action for wages the affidavit shall also state the national
character of the ship,and,if the ship is foreign,that notice of the action has
been served upon a consular officer of the State to which the ship belongs,if
there is one resident in the Colony.
(2.)In an action for necessaries ,or an action by the owner,or consignee,or
assignee of any bill of lading of any goods imported into the Colony in any
ship,for damage done to the goods or any part thereof by the negligence or
misconduct of,or for any breach of duty or breach of contract on the part of,
the owner,master,or crew of the ship,the affidavit shall also state the
national character of the ship,and that,to the best of the deponent's belief,
no owner or part owner of the ship was domiciled in the Colony at the time
of the institution of the action.
(3.)In anactionbetween co-owners relating to the ownership,possession,
employment ,or earnings of any ship registered in the Colony ,the affidavit
shall also state the number of shares in the ship owner by the party
proceeding.
3.In an action for bottomry the bottomry bond in original ,and if it is
in a foreign language ,a translation thereof,shall be produced for the inspec- tion and persual of the Registrar,and a copy of the bond,or of the translation
thereof,certified to be correct,shall be annexed to the affidavit.
32.The Registrar may,if he thinks fit,issue a warrant although the
affidavit does not contain all the prescribed particulars,and,in an action for
bottomry,although the bond has not been produced;or he may refuse to
issue a warrant without an order of the Court.
33.The warrant shall be prepared in the Registry,and shall be sigend by
the Registrar,and issued under the Seal of the Court.A form of warrant
will be found in the Appendix hereto,Form No.12.
34.The warrant shall be served by the Bailiff or his officer in the manner
prescribed by these Rules for the service of a writ of summons in an aciton
in rem,and thereupon the property shall be deemed to be arrested.
35.The warrant may be served on Sunday,Good Friday,or Christmas
Day,as well as on any other day.
36.The warrant shall be filed by the Bailiff within one weel after service
thereof has been completed,with a certificate of service indorsed thereon.
37.The certificate shall state by whom the warrant has been served,and
the date and mode of service,and shall be signed by the Bailiff.A form of
certificate of service will be found in the Appendix hereto,Form No.13.
Bail.
38.Whenever bail is required by these Rules,it shall be given by filing one
or more bail bonds,each of which shall be signed by two sureties,unless hte
Court,in special cause shown,orders that one surety shall suffice.
39.Every bail bond shall be prepared in the Registry,and shall be signed
before a Registrar,or by his discretion before a clerk in the Registry,or before
a commissioner appointed by the Court to take bail.Forms of bail bond and
commission to take bail will be found in the Appendix hereto,Forms Nos.14
and 15.
40.Sureties may attend to sign a bond either separately or together.
41.If bail is taken before a commissioner ,the sureties shall justify by
affidavit.
42.The comission to take bail and the affidavits of justification shall be
prepared in the Registry,and issued with the bail bond,and shall ,with the
bail bond,when executed,be returned to the registry by the comissioner.
43.No commissioner shall be entitled to take bail in any action in which
he,or any person in partnership with him,is action as solicitor or agent.
44.Before filing a bail bond,notice of bail shall be served upon the adverse
party,and a certificate of such sevrice shall be indorsed on the bond by the
party filing it.A form of notice of bail will be found in the Appendix
hereto,Form No.16.
45.If the adverse party is not satisfied with the sufficiency of any surety,
he may file a notice objecting to such surety or requiring him to justify ,if he
has not already done so.Forms of notice to justify,of affidavit of justifica-
tion,and of notice of objecting to bail will be found in the Appendix hereto,
Forms Nos.17,18,and 19.
Release.
46.A release for property arrested by warrant may be issued by order of
the Court.
47.A release may also be issued by the Registrar,unless there is a cavest
substanding against the release of the property,-
(1.)on payment into Court of the amount claimed,or of the appraised
value of the property arrested,or ,where cargo is arrested for feight only,
of the amount of the feight verfied by affidavit:
(2.)on one or mor ebail bonds being filed for the amount claimed or for
the appraised value of the property arrested;and on proof that twenty-
four hours' notice of the names and addresses of the sureties has been
previously served upon the party at whose instance the property has been
arrested:
(3.)on the appplication of the party at whose instance the property has been
arrested:
(4.)on a consent in writing being filed,signed by the party at whose in-
instance the property has been arrested:
(5.)on discontinuance or dismissal of the action in which the property has
been arrested.
48.Where property has been for salvage,the release shall not be
issued under the last preceding Rule,except on discontinuance or dismissal of
the action,until the value of the property arrested has been upon be-
tween the parties or determined by the Court.
49.The Registrar may refuse to issue a release without the order the
Court.
50.The release shall be prepared in the Registry,and shall be signed by
the Registrar,and issued under the Seal of the Court.A form of release will
be found in the Appendiz hereto,Form No.20.
51.The release shall be served upon the Bailiff either personally or by
leaving it at his office,by the party by whom it is taken out.
52.On service of the release and on payment to the Bailiff of all fees due
to and change incurred by him in respect of the arrest and custody of the
property,the property shall be at once released from arrest.
Preliminary Acts.
53.In an action for damage by collision,each party shall,within one week
from an appearance beign entered,file a preliminary act,sealed up,signed by
the party,and containing a statement of the following particulars:-
(1.)the names of the ships which came into collision,and the names of
their masters; (2.)the time of the collision;
(3.)the place of the collision;
(4.)the direction and force of the wind;
(5.)the state of the weather;
(6.)the state and force of the tide;
(7.)the course and speed of the ship when the pther was first seen;
(8.)the lights,if any,carried by her;
(9.)the distance and bearing of the otehr ship when first seen;
(10.)the lights,if any,of the other ship which were first seen;
(11.)the lights,if any,of the other ship,other than those first seen,which
came into view before the collision;
(12.)the measures which were taken ,and when,to avoid the collision;
(13.)the parts of each ship which first came into collision;and
(14.)what fault or default,if any,is attributed to the otehr ship.
Pleadings.
54.Every action shall be heard without pleadings,unless tje Court other-
wise orders.
55.If an order is made for pleadings,the plaintiff shall,within one
week from the sate of the order,file his petition,and,within one week from
the filing of the petition,the defendant shall file his answer,and,within one
week from the filing of the answer,the plaintiff shal file his reply,if any;
and there shall be no pleading beyond the reply,except by permission of the
Court.
56.The defendant may,in his answer,plead any set-off or counterclaim.
But if,in the opinion of the Court,such set-off or counterclaim cannot be
conveniently disposed of in the action,the Court may order it to be struck out.
57.Every pleading shall be divided into short paragraphs,numbered con-
secutively,which shall state concisely the facts on wchih teh party relies,
and shall be signed by the party filing at.Forms of pleadings will be found
in the Appendix hereto,Form No.21.
58.It shall not be necessary to set out in any pleading the words of any
document referred to therein,except so far as the precise words of the
document are material.
59.Either party may apply to the Court to decide forthwith any
question of fact or of law raised by any pleading,and the Court shall there-
upon make such order as may seem fit.
60.Any pleading may at any time be amended ,either by consent of the
parties or by order of the Court.
Special Case.
61.Parties may agree to state the questions at issue for the opinion of
the Court in the form of a special case.
62.If it apears to the Court that there is in any aciton a quesion of
law which it would be convenient to have decided in the first instance,the Court may direct that it shall be raised in a special case or in such other
manner as may seem expedient.
63.Every case shall be divided into paragraphs,numbered con-
secutively,and shall state concisely such facts and documents as may be
necessary to enable the Court to decide the quesiton at issue.
64.Every special case shall be signed by the parties,and may be filed by
any party.
Motions.
65.A party desiring to obtain an order from the Court shall file a notice
of motion,with the affidavits,if any,on which he intends to reply.
66.The notice of motion shall state the nature of the order desired,the day
on which the motion is to be made,and whether in Court or in Chambers.A
form of notice of motion will be found in the Appendix hereto,Form No.22.
67.Except by consent of the adverse party or by order of the Court,the
notice of motion shall be filed twenty-four hours at least before the time at
which the motion is made.
68.When the motion comes on for hearing,the Court,after gearing the
parties or,in the absence of any of them,on proof that the notic eof motion
has been duly served,may make such order as to the Court may seem fit.
69.The Court,on due cause shown,vary or rescind any order pre-
viously made.
Tender.
70.A party desiring to make a tender in satisfaction of the whole or any
part of the adverse party's claim shall pay into Court the amount tendered
by him,and shall file a notice of the terms on which the tender is made.
71.Within a week from the filing of the notice,the adverse party shall
file a notice,stating whether he accepts or rejects the tender,and,if he
does not do so,he shall be held to have rejected it.Forms of notice of
tender and of notice accepting or rejecting it will be found in the Appendix
hereto,Forms Nos. 23 and 24.
72.Pending the acceptance or rejection of a tender,the proceeding shall
be suspended.
Shorthand Writer.
73.The Court may order the evidence of the witnesses,whether examined
before the Court,or the Registrar,or a COmmissioner,to be taken down by
a shorthand and writer,who shal have been previously sworn faithfully to report
the evidence;and a transcript of the shorthand writer's notive,certified by
him to be correct and approved by the Judge,Registrar,or Commissioner,
as the case may be,shall be lodged in or transmitted to the Registry as the
certified evidence of such witnesses.
Printing.
74.The Court may order that the whole of the pleadings and written prrofs,or any part thereof,shall be printed before the trial;and the printing
shall be in such manner and form as the Court may order.
75.Preliminary acts,if printed,shall be printed in parallel columns.
Assessors.
76.The Court,on the application of any party or without any such\
application if of opinion that the nature of the case requres it,may appoint
one or more assessors to advise the Court upon any matters requiring nautical
or other professional knowledge.
77.The fees of the assessors shall be paid in the first instance by the
plaintiff,unless the Court otherwise orders.
Setting down Action for Trial.
78.An action shall be set down for trial by filing a notice of trial.A
form of notice of trial will be found in the Appendix hereto,Form No. 25.
79.If there has not been any appearance,the plaintiff may set down the
action for trial,on obtaining from the Judge leave to proceed ex parte,-
(1.)in an action in personam or an action against proveeds in Court,after
the expiration of two weeks from the service of the writ of summons;and,
(2.)in an action in rem (not being an action against proceeds in Court),
after the expiration of two weeks from the filing of the warrant.
80.-(1.)If there has been an appearance,either party may set down the
action for trial-
(a.)after the expiration of one week from the entry of the appearance,
unless an order has been made for pleading;and,
(b.)if pleadings have been ordered,when the last pleading has been
filed,or when the time allowed to the adverse party for filing any
pleading has expired without such pleading having been filed.
(2.)In a collision case the preliminary acts may be opened as soon as the
action has been set down for trial.
81.Where the writ of summons has been indorsed a claim ot have
an account taken,or the liability has been admitted or determined,and the
question is simply as to the amount due,the Court may,on the application
of either party,fix a time within which the accounts and vouches,and the
proofs in support thereof,shall be filed,and,at the expiration of that time,
either party may have the matter set down for trial.
Trial.
82.After the aciton has been set down for trial,the Registrar shall send
notice to the parties of the day on which it will be tried.
83.At the trial of a contested action the plaintiff shall in general begin.
But if the burden of proof lies on the defendant,the Court may direct the
defendant to begin. 84.If there are several plaintiffs or several defendants,the Court may
at which plaintiff or which defendant shall begin.
85.The party beginning shall first address the Court,and then produce
a witnesses,if any.The other party or parties shall then address the
Court,and produce his or their witnesses,if any,in such order as the Court
by direct,and shall have the right to reply,but shall not produce further
evidence,except by permission of the Court.
86.Only one counsel shall in general be heard on each side;but the
Court,if it considers that the nature of the case requires it,may allow two
counsel to be heard on each side.
87.If the action is uncontested,the COurt may give judgement on the
evidence adduced by the plaintiff.
Reference.
88.The Court may,in its discretion,refer the assessment of damages and
be taking of any account to the Registrar,eitehr alone or assisted by one
or more merchants as assessors.
89.The rules as to the trial shall apply mutatis mutandis to a reference to
the Registrar,and the Registrar may adjourn the proceedings from time to
time and from place to place,if he thinks necessary.
90.Counsel may attend the hearing of any reference,but the costs so
occurred shall not be allowed on taxation unless the Registrar cerrtifies that
be attendance of counsel was necessary.
91.When a reference has been heard,the Registrar shall draw up a
export in writing of the result,showing the amount,if any,found due,and
be whom, together with any further particulars that may be necessary.A
term of report will be found in the Appendix hereto,Form No. 26.
92.Within two weeks from the filing of the report,either party may file
a notice of motion to vary the report,specifying the items objected to.
94.At the hearing of the motion,the Court may make such order thereon
as may seem fit,or may remit the matter to the Registrar for further inquiry
report.
95.If no notice of motion to vary the report is filed within two weeks
from the filing of the report,the report shall stand confirmed.
Costs.
96.Subject to the provisions of these Rules,the costs of the whole action,
and of wach particular proceeding therein,and of every proceeding before the
Court shall be in the disacreiton of the COurt;adn the Court shall have full
power to award and apportion costs in any manner it amy deem proper.
97.Subject to the provisions of these Rules,barristers' and solicaitor
costs shall be allowed on taxation upon the scale that is for the time being
in force in the Original Jurisdiction of the Court.
98.Where the sum in dispute or the value of the res does not exceed one
thousand dolars,half cosrs only shall be charged and allowed.In any other
action the Court may,in its discretion,order that half costs only shall be
allowed.
99.Whose costs are awarded to a plaintiff the expression 'sum in dis-
pute' shall mean the sum recovery by him in addition to the sum,if any,
counterclaimed from him by the defendant;and whose costs are awarded
to a defendant,it shall mean the sum claimed from time in addition to the
sum,if any,recovery by him.
100.The Court may direct payment of a lump sum in lieu of taxed costs.
101.If any plaintiff (other than a seaman suing for his wages or for the
loss of his clothes and effects in a collision),or any defendant making a
counterclaim,is not resident in the Colony,the Court may,on the application
of the adverse party,order him to gvie bail for costs.
102.If a tender is rejected,but is afterwards accepted,or is held by the
Court to be sufficient,the pary rejecting the tender shall,unless the Court
otherwise orders,be condemned in the costs incurred after tender made.
Taxation of Costs.
103.A party desiring to have a bill of costs taxed shall file the bill,and
as soon as conveniently may be,the Registrar shall send to the parties notice
of the time at which the taxation will take place.
104.At the time appointed,if either party is present,the taxation shall
be proceeded with.
105.Within one week from the completion of the taxation,application
may be made to the Court to review the taxation.
106.Costs may be taxed either by the Court or by the Registrar,and as
well between solicitor and clent as netween party and party.
107.If,in a taxation between solicitor and client,more than one-sixth is
struck off,the solictor shall pay all the costs attending the taxation.
Appraisement and Sale,etc.
108.The Court may,either before or after final judgment,order any pro-
perty under the arrest of the Court to be appraised or to be sold with or
without appraisement,and either by public auction or by rpivate contract.
109.If the property id deteriorating in value,the Court may order it to
be sold forthwith.
110.If the property to be sold is of small value,the COurt may,in its dir-
cection,order it to be sold without a commission of sale being issued. 111.The Court may,ewither before or after final judgment.order any pro-
perty under arrest of the Court to be removed or nay cargo under arrest on
board ship to be discharged.
112.The appraisement,sale,and removal of property,the discharge of
cargo,and the demolition and sale of a vessel condemned under any Slave Trade
Act shall be effected under the authority of a commission addressed to the
Bailiff.Forms of commissions of appraisement,sale,appraisement and sale,
removal,discharge of cargo,and demolition and sale will be found in the Ap-
pendix hereto,Forms Nos.27 to 32.
113.The commission shall,as soon as possible after its execution,be filed by
the Bailiff,with a return setting forth the manner in which it has been executed.
114.As soon as possible after the execution of a commission of sale,the
Bailiff shall pay into Court the gross proceeds of the sale,and shall,with the
commission,file his accounts and vouches in support thereof.
115.The Registrar shall tax the Bailiff's account,and shall report the
amount at which he considers it should be allowed;and any party who is in-
terested in the proceeds may be heard before the Registrar on the taxation.
116.Application may be made to the Court on motion to review the
Registrar's taxation.
117.The COurt may,in its discretion,order any property under the arrest
of the Court to be inspected.A form of order for inspection will be found
in the Appendix hereto,Form No. 33.
Discontiuance.
118.The plaintiff may at any time discontinue his action,by filing a
notice to that effect,and the defendant shall thereupon be entitled to have
judgment entered for his costs of action,on filing a notice to enter the same.
The discontinuance of an action by the plaintiff shall not prejudice any action
consolidated therewith or any counterclaim previously set up by the defend-
ant.Forms of notice of discontinuance and of notice to enter judgement for
costs will be found in the Appendix hereto,Forms Nos. 34 and 35.
Consents.
119.Any consent in writing signed by the parties may,by permission of
the Registrar,be filed,and shall thereupon become an order of Court.
Appeals to the Full Court.
120.All appeals to the Full Court shall be brought by notice of motion in
summary way.The notice of motion shall state whether the whole or part
of the judgment or order appealed from is complained of,and in the
other case shall specify such part.
121.The notice of appeal shall be served upon all parties directly affected
by the appeal,but the Full Court may direct notice of the appeal to be served upon all or any parties to the action or upon any person not a party,and may
postpone the hearing of the appeal on such terms as may seem just,and may
give such judgment and make such order as might have been given or made
if the persons served with such notice had been originally parties.
122.The Full Court may,in its discretion,call in the aid of one or more
assessors,whose fees shall be paid in the first instance by the appellant,unless
the Full Court otherwise orders.
123.The Full Court shall have all powers and duties of the Court as to
amendment and otherwise and full discretionary power to receive further
evidence upon questions of fact.
124.The Full Court shall have power to give any judgment and make any
order which ought to have been given or made and to make such further or
other order as the case may require,or to order a new trial,or to make such
order as to the whole or any part of the costs of the proceedings,including
the appeal,as may seem just.
125.It shall not be necessary for a respondent to give notice of motion by
way of cross appeal,but if he intends,on the hearing of the appeal,to apply
for any variation of the decision of the Court below,he shall give notice of
such intention to any parties who may be affected by such application.The
omission to give such notice may be ground for an adjournment of the appeal
or for a special order as to costs.
126.No appeal shall,except by special leave of the Full Court,be brought
after the expiration of one month.
127.An appeal shall not operate as a stay of execution or of proceedings
under the decision appealed from,unless the Full Court so orders.Any such
order may be made on such conditions as the Full Court may direct.
Appeals to Her Majesty-in-Council.
128.A party desiring ot appeal to Her majesty-in-Council from any
decision of the Full Court shall,within one month from the date of the decree
or order appealed from,file a notice of appeal,and give bail in such sum,not
exceeding three hundred pounds,as the Full Court may order,to answer the
costs of the appeal.A form of notice will be found in the Appendix
hereto,Form No. 36.
129.Subject to any order of Her Majetsy-in-Council or of the Judical
Committee of the Privy Council,the Full Court may proceed to carry the
decree or order appealed from into eggect,provided that the party in whose
favour it has been kade gives bail to abide the event of the appeal,and to
answer the costs thereof,in such sum as the Full Court may order.
130.An appellant desiring to prosecute his appeal is to take such steps as
may be required by the practice of the Judical Committee of the Privy
Council.
131.On service of the monition for process,the Registrar shall forthwith
prepare the process at the expense of the party ordering the same.
132.The process,which shall consist of a copy of all the proceedings in the
action,shall be signed by the Registrar and sealed with the Seal of the Court,
and shall be transmitted by the registrar to the Registrar of the Appellate
Court.
Payments into Court.
133.All payments into Court shall be made in accordance with and
subject to the provisions of any Ordinance or Rule of Court for the time
being in force with respect to payments into the Supreme Court,
134.A receipt for the amount shall be filed,and thereupon the payment
into Court shall be deemed to be complete.
Payments out of Court.
135.No money shall be paid out of Court except on an order signed by
a Judge.A form of order for payment out of Court will be found in the
Appendix hereto,Form No. 37.Subject as aforesaid,all payments out of
Court shall be made in accordance with and subject to the provisions of any
Ordinance or Rule of Court for the time being in force with reference to
payment out of the Supreme Court.
Caveats.
136.Any person desiring to prevent the arrest of any property may file a
notice undertaking,within three days after required to do so,to give
bail to any action or counterclaim that may have been or may be brought
against the property,and thereupon the Registrar shall enter a caveat in the
Caveat Warrant Book hereinafter mentioned.Forms of notice and of caveat
warrant will be found in the Appendix herto,Forms Nos. 38 and 39.
137.Any person desiring to prevent the release of any property under
arrest shall file a notice,and thereupon the Registrar shall enter a caveat in
the Caveat Release Book hereinafter mentioned.Forms of notice and of
caveat release will be found in the Appendix hereto,Forms Nos. 40 and 41.
138.Any person desiring to prevent the payment of money out of Court
shall file a notice ,and thereupon the Registrar shall enter a caveat in the
Caveat Release Book hereinafter mentioned.Forms of notice and of caveat
payment will be found in the Appendix hereto,Forms Nos. 42 and 43.
139.If the person entering a caveat is not a party to the action,the
notice shall state his name and address,and an address within three mile of
the Registry,at which it shall be sufficient to leave all documents required to
a served upon him. 140.The entry of a caveat warrant shall not prevent the issue of a
warrant,but a party at whose instance a warrant is issued for the arrest of
any property in respect of which there is a caveat warrant outstanding shall
be condemned in all costs and damages occasioned thereby,unless he shows,
to the satisfaction of the Court,good and sufficient reason to the contrary.
141.The party at whose instance a caveat release or caveat payment is
entered shall be condemned in all costs and damages occasioned thereby,
unless he shows,to the satisfaction of the Court,good and sufficient reason
to the contrary.
142.A caveat shall not remain in force for more than six months from
the date of entering the same.
143.-(1.)A caveat may at any time be withdrawn by the person at
whose instance it has been entered,on his filing a notice withdrawing it.A
form of notice of withdrawal will be found in the Appendix hereto,Form No. 44.
(2.)The Court may over-rule any caveat.
Orders for Payment.
144.-(1.)On application by a party to whom any sum has been found
due,the Court may order payment to be made out of any money in Court
applicable for the purpose.
(2.)If there is no such money in Court or if it is insufficient,the Court may
order that the party liable shall pay the sum found due or the balance thereof,
as the case may be,within such time as to the Court may seem fit.The party
to whom the sum is due for payment under the Seal of the Court.A form
of order for payment will be found in the Appendix hereto,Form No.45.
Attachments.
145.If any person disobeys an order of the Court or commits a contempt
of Court,the Judge may order him to be attached.A form of attachment
will be found in the Appendix hereto,Form No. 46.
146.-(1.)The person attached shall,without delay,be brought before the
Court,and,if he persists in his disobedience or contempt,the Court may order
him to be committed.Forms of order for committal and of committal will
be found in the Appendix hereto,Forms Nos. 47 and 48.
(2.)The order for committal shall be executed by the Bailiff.
Instruments,etc.
147.The Bailiff shall execute by himself or his officer all instruments issued
from the Court which are addressed to him,and shall make returns thereof.
148.Every warrant,release,commission,attachment,and other instrument
to be executed by any officer of or commissioner acting under the authrity
of the Court shall be prepared in the Registry and signed by the Registrar
and shall be issued under the Seal of the Court.
149.Every document issued under the Seal of the Court shall bear date on
the day of sealing,and shall be deemed to be issued at the time of the sealing
thereof.
150.Every document requiring to be served shall be served within six
months from the date thereof,otherwise the service shall not be valid.
151.Every instrument to be executed by the Bailiff shall be left with the
Bailiff by the party at whose instance it is issued,with written instructions
for the execution thereof.
Notices from the Registry.
152.Any notice from the Registry may be either left at,or sent by post
to ,the address for service of the party to whom notice is to be given/
Filing of Documents.
153.A document shall be filed by leaving the same in the Registry ,with a
minute stating the nature of the document and the date of filing it.A form
of minute on filing any document will be found in the Appendix hereto,
Form No.49.
154.Any number of documents in the same action may be filed with one
and the same minute.
155.No document ,excepr preliminary acts,bail bonds,documents issued
from the Registry,and monites,shall be filed without a certificate indorsed
thereon,signed by the party filing the same,that a copy thereof has been
served upon the adverse party,if any.
Records of the Court.
156.There shall be kept in the Registry a book,to be called the Minute
Book,in which the Registrar shall enter in order of date,under the head of
such aciton,and on a page numbered with the number of the action,a record
of the commencement of the action,of all appearances entered,all documents
issued or filed,all acts done,and all orders and decrees of the Court,whether
made by the Judge,or by the Registrar,or by consent of the parties in the
action.Forms of minute of order of Court,of minute on examination of
witnesses,of minute of decree,and of minutes in an action for damage by
collision will be found in the Appendix hereto,Forms Nos. 50 to 53.
157.There shall be kept in the Registry a Caveat Warrant Book,a Caveat
Release Book,and a Caveat Payment Book,in which all such caveats
respectively and the withdrawal thereof shall be entered by the Registrar.
158.Any solicitor may,free of charge,inspect the Minute and Caveat
Books.
159.The parties to an action may,while the action is pending and for one
year after its termination,inspect,free of charge,all the records in the action. 160.Except as provided by the last two preceding Rules,no person shall
be entitled to inspect the records in a pending action without the permission
of the Registrar.
161.In an action which is terminated,any person may,on payment of a
search fee,inspect the records in the aciton.
Copies.
162.Any person entitled to inspect any document in an action shall,on pay-
ment of the proper charges for the same,be entitled to an office copy thereof
under the Seal of the Court.
Forms.
163.The Forms in the Appendix hereto shall be followed,with such
variations as the circumstances may require,and any party using any other
forms shall be liable for any costs occasioned thereby.
Court and Assessors' Fees.
164.Subject to the following Rules,the Court Fees set forth in the Table of
Fees in the Appendix hereto shall be taken in respect of the matters or pro-
cedings therein specified,and in respect of all other matters or proceedings the
Court Fees taken for similar matters or proceedings in the Original Jurisdic-
tion of the Court,according to the scale for the time being in force,shall be
taken.
165.All Court fees shall,unless it is otherwise provided in the Appendix
hereto,be payable in the same manner as they are for the time being payable
in the Original Jurisdiction of the Court.
166.Assessors shall,subject to the provisions of these Rules,be paid the
fees set forth in the Appendix hereto.
167.All fees paid by a party to whom costs are awarded shall,subject to
the provisions of these Rules,be allowed as costs on taxation.
168.Where the sum in dispute or the value of the res does not exceed one
thousand dollars,half fees only shall be charged and allowed.
Cases not provided for.
169.All Ordinances having reference to the practice and procedure of the
Supreme Court as to discovery and the form and admission of evidence,and
as to the form and administration of oaths and declarations,and as to
subpoenas,and as to the form of affidavits and declarations,and as to the
examination of witnesses before trial,and as to the time for doing any act or
taking any proceeding in an action,and as to enforcing any decree or order
shall,so far as the same may be applicable and not inconsistent with these
Rules,apply to proceedings in the Admiralty Jurisdiction.In all other
cases not provided for by these Rules,the practice of the Admiralty Division
of the High Court of Justice of England shall be followed. APPENDIX,
I. FORMS.
FORM No. 1.
TITLE OF ACTION in Rem.
No. [here insert the number of the aciton].
A.B., Plaintiff,
against
(a.)The Ship
or (b.)The Ship and freight.
or (c.)The Ship her cargo and freight.
or (if the action is against cargo only),
(d.)The cargo ex the Ship [state name of ship on board of which the
cargo now is or lately was laden].
or (if the action is against the proceeds realized by the sale of the Ship or
cargo),
(e.)The proceeds of the Ship
or (f.)The proceeds of the cargo ex the Ship
or as the case may be.
Action for [state nature of action,whether for damage by collision,wages,
bottomry,etc.,as the case may be].
FORM No. 2.
TITLE OF ACTION in Personam.
No. [here insert the number of the action]
A.B., Plaintiff,
against
The Owners of the Ship ,[or as the case may be].
Action for [state nature of action as in preeding form].
FORM No.3.
TITLE OF ACTION IN THE NAME OF THE CROWN.
No. [insert nember of action].
Our Soverign Lady the Queen
[add,where necessary,in Her Office of Admiralty]
against
(a.)The Ship ,[or as the case may be],
or,
(b.)A.B., etc., [the person or persons proceeded against].
Action for [state nature of action]. FORM No.4.
WRIT OF SUMMONS in Rem.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Here insert title of action].
VICTORIA,by the Grace of God,of the United Kingdom of Great Britain
and Ireland Queen,Defender of the Faith,Emoress of India.
To the Owners and all others interested in the Ship
[her cargo and frieght,etc.,or as the case may be].
WE command you that,within one week after the service of this writ
exclusive of the day of such service,you do cause an appearance to be entered
for you in Our Supreme Court of Hongkong in the above-named action;and
take notice that,in default of your so doing,the said action may proceed,and
judgment may be given in your absence.
Witness the Honourable Chief Justice of Our said
Court,this day of 1.
Sealed by Registrar.
Memorandum to be subscribed on the writ.
This writ may be served within six months from the date thereof,ex-
clusive of the day of such date,but not afterwards.
The Defendant [or Defendants] may appear hereto by entering an
appearance [or appearances],either personally or by solicitor,at the Registry
of the said Court.
FORM No. 5.
WRIT OF SUMMONS in Personam.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Here insert title of action.]
VICTORIA,by the Grace of God,etc.
To C.D., of ,and E.F., of
WE command you that,within one week after the service of this writ,ex-
exclusive of the day of such service,you do cause an appearance to be entered
for you in Our Supreme Court of Hongkong in the above-named action;and
take notice that,in default of your so doing,the said action may proceed,and
judgment may be given in your absence.
Witness the Honourable Chief Justice of Our said
Court,this day of 1.
Sealed by Registrar. Memorandum to be subscribed on the Writ.
This writ may be served six months from the date thereof,exclusive
of the day of such date,but not afterwards.
The Defendant [or Defendants] may appear hereto by entering an
appearance [or appearances],either personally or by solicitor,at the Registry
of the said Court.
FORM No. 6.
INDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF.
(1.)The Plaintiff claims [insert description of claim as given in Form No.7].
(2.)This writ was issued by the Plaintiff in person,who resides at [state
Plaintiff's place of residence,with name of street and number of house,if any].
or,
This writ was issued by C.D., of [state place of business] solicitor for the
Plaintiff.
(3.)All documents required to be served upon the Plaintiff in the action
may be left for him at [insert address for service within three miles of
the Registry].
or,
Where the action is in the name of the Crown,
(1.)A.B.,etc., claims [insert description of claim as given in Form No.7.]
(2.)This writ was issued by A.B. [state name and address of person pro-
secuting in the name of the Crown,or his solicitor,as the case may be].
(3.)All documents required to be served upon the Crown in this action
may be left at [insert address for service within three miles of the Registry].
FORM No.7.
INDORSEMENTS OF CLAIM.
(1.)Damage by Collision:
The Plaintiffs,as owners of the Ship 'Mary,' [her cargo and freight,etc.,
for as the case may be] claim the sum of $ against the Ship 'Jane'
for damage occasioned by a collision which took place [state where] on the
day of 1; and for costs.
(2.)Salvage:
The Plaintiffs,as owners,master,and crew of the Ship 'Mary,' claim the
sum of $ for salvage services rendered by them to the Ship :Jane,'
her cargo and freight,etc., or as the case may be]on the day of
1 , in or near [state where the services were rendered];and
for costs. (3.)Pilotage:
The Plaintiff claims the sum of $ for pilotage of the Ship 'Jane,'
on the day of 1, from [state where pilotage commenced]
to [state where piltage ended];and for costs.
(4.)Towage:
The Plaintiffs,as owners of the Ship 'Mary,' claim the sum of $
for towage services rendered by the said Ship to the Ship 'Jane,' [her cargo
and freight,etc., or as the case may be],on the day of 1.
at or near [state where the services were rendered];and for costs.
(5.)Master's Wages and Disbursements:
The Plaintiff claims the sum of $ for his wages and disbursements
as master of the Ship 'Mary,' and to have an account taken thereof;and
for costs.
(6.)Seamen's Wages:
The Plaintiffs,as seamen on board the Ship 'Mary,' claim the sum of
$ for wages due to them,as follows;and for costs:-
to A.B.,the mate $30 for two months' wages from the day
of 1.
to C.D., able seaman $ etc.,etc.;
[and the Plaintiffs claim to have an account taken thereof.]
(7.)Necessaries,Repairs,etc.:
The plaintiffs claim the sum of $ for necessaries supplied [or
repairs done,etc.,as the case may be] to the Ship 'Mary,' at the port of
on the day of 1;and for costs [and the
Plaintiffs claim to have an account taken thereof].
(8.)Possession:
(a.)The Plaintiff,as sole owner of the Ship 'Mary,' of the port of
,claims possession of the said Ship.
(b.)The Plaintiff,as owner of 48-64th shares of the Ship 'Mary,' of the
port of ,claims possession of the said Ship as against C.D.,
owner of 16-64th shares of the said Ship.
(9.)Mortgage:
The Plaintiff,under a mortgage dated the day of 1,
claims against the proceeds of the Ship 'Mary,' the sum of $ as
the amount due to him for principal and interest;and for costs.
(10.)Claims between Co-Owners:
(a.)The Plaintiff,as part owner of the Ship 'Mary,' claims against C.D.,
part owner of the same Ship,the sum of $ as part of the earnings
of the said Ship due to the Plaintiff,and to have an account taken thereof;
and for costs.
(b.)The Plaintiff,as owner of 24-64th shares of the Ship 'Mary,' being
dissatisfied with the management of the said Ship by his co-owner,claims
that his co-owners shall give bail in the sum of $ the value of his
said shares,for the safe return of the said Ship to this Colony. (11.)Bottomry:
The Plaintiff,as assignee of a bottomry bond,dated the day of
1,and granted by C.D., as master of the Ship 'Mary,'
of ,to A.B. at the port of ,claims the equivalent in
Hongkong currency of the sum of against the Ship 'Mary,' [her
cargo and freight ,etc., or as the case may be ]as the amount due to him under
the said bond;and for costs.
(12.)Derelict:
A.B. claims to have the Derelict Ship 'Mary,' [her cargo,etc.,or as the case
may be],condemned as forfeited to Her Majesty in Her Office of Admiralty.
(13.)Piracy:
A.B., Commander of H.M.S. 'Torch,' claims to have the Chinese junk
Tecumseh' and her cargo condemned as foefeited to Her Majesty as having
been captured from pirates.
(14.)Slave Trade.
A.B., Commander of H.M.S. 'London,' claims to have the vessel,name
unknown [together with her cargo and twelve slaves],seized by him on the
day of 1, condemned as forfeited to Her Majesty,on
the ground that the said vessel was,at the time of her seizure,engaged in or
fitted out for the slave trade,in violation of existinf treaties between Great
Britain and Zanzibar [or of the Act 5 Geo.4c. 113,or as the case may be.]
or C.D., the owner of the vessel [and cargo,or as the case
may be]captured by H.M.S. 'London' on the day of
1,claims to have the said vessel [and cargo,or as the case may be]
restored to him[together with costs and damages for the seizure thereof].
(15.)Under Pacific Islanders Protection Acts:
A.B., Commander of H.M.S. 'Lynx,' claims to have the British Ship
'Mary' and her cargo condemned as forfeited to Her Majesty,for violation
of the Pacific Islanders Protection Actsm1872 and 1875.
(16.)Under Foreign Enlistment Act:
A.B. claims to have the British Ship 'Mary,' together with the arms and
munitions of war on board thereof,condemned as forfeited to Her Majesty
for violation of the Foreign Enlistment Act,1870.
(17.)Under Customs Acts:
A.B. claims to have the Ship 'Mary,' [or as the case may be]condemned
as forfeited to Her Majesty for violation of [state Act under which forfeiture
is claimed].
(18.)Recovery of Pecuniary Forfeiture of Penalty:
A.B. claims judgment against the Defendant for penalties for violation of
[state Act or Orinance under which penalties are claimed].
FORM No.8.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WRIT AFTER SERVICE
THEREOF.
This writ was served by X.Y. [here state the mode in which the service may
effected,whether on the owner,or on the ship,cargo,or freight,etc., as the case\
may be] on the day of 1.
(Signed.)
X.Y.
FORM No.9.
APPEARANCE.
(1.)By Defendant in Person.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear in this action.
Dated the day of 1.
(Signed.)
C.D., Defendant.
My address is
My address for service is
APPEARANCE.
(2.)By Solicitor for Defendant.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I appear for C.D., of [insert address of C.D.] in this
action.
Dated the day of 1.
(Signed.)
X.Y.,
Solicitor for C.D.
My place of business is
My address for service if
FORM No.10.
INDORSEMENT OF SET-OFF OR COUNTERCLAIM.
The Defendant [or,if he is one of several Defendants,the Defendant C.D.]
owner of the ship 'Mary,' [or as the case may be] claims from the Plaintiff
[or claims to set off against the Plaintiff's claim]the sum of for [state
the nature of the set-off or counterclaim and the relief or remedy required as
in Form No. 7,mutatis mutandis]; and for costs. FORM No.11.
AFFIDAVIT TO LEAD WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,A.B., [state name and address] make oath and say that I have a claim
against the Ship 'Mary,' for [state nature of claim].
And I further make oath and say that the said claim has not been satisfied,
and that the aid of this Court is required to enforce it.
On the day of 1,the
said A.B., was duly sworn to the truth of this
affidavit at } (Signed.) A.B.
Before me,
E.F., etc.
or,
Where the aciton is in the name of the Crown,
I,A.B.,etc.,[state name and address of person suing in the name of the
Crown]make oath and say that I claim to have the Ship 'Mary ,' and her
cargo [or the vessel,name unknown,or the cargo ex the Ship 'Mary,' etc.,
or as the case may be] condemned to Her Majesty-
(a.)as having been fitted out for or engaged in the Slave Trade in voilation
of [state Act or Treatyt alleged to have been violated];
or (b.)as having been captured from pirates;
or (c.)as having been found derelict;
or (d.)for violation of [state Act or Ordinance alleged to have been violated,or
as the case may be].
I further make oathe and say that the aid of this Court is required to
enforce the said claim.
On the day of 1, the
said A.B. was duly sworn to the truth of this
affidavit at } (Signed.) A.B.
Before me,
E.F., etc.
FORM No. 12.
WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong.
We hereby command you to arrest the Ship [her cargo and
freight ,etc.,or as the case may be],and to keep the same under safe arrest,
until you shall receive further orders from Us. Given at in Our said Court under the Seal thereof,this
day of 1.
Warrant.
Taken out by
(Signed.)
E.F.,
Registrar.
FORM No. 13.
CERTIFICATE OF SERVICE TO BE INDORSED ON THE WARRANT AFTER
SERVICE THEREOF.
This warrant was served by [state by whom and in what made service was
effected]on day ,the day of 1.
(Signed.)
G.H.,
Bailiff.
FORM No. 14.
BAIL BOND.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Know all men by these presents that we[insert names,addresses,and
descriptions of the sureties in full]hereby jointly and severally submit our-
selves to the jurisdiction of the said Court,and consent that if the said
[insert name of party for whom bail is to be given,and state whether Plaintiff
or Defendant,]shall not pay what may be adjudged against him in th above-
named action,with costs [or,for costs,if bail is to be given only for costs],
execution may issue against us,our heirs,executors,and administrators,
goods and chattels,for a sum not exceeding [state sum in letters] dollars.
This Bail Bond was signed by the
said and
the
sureties,the day of 1,
in the Registry of the Supreme Court
of Hongkong[or as the case may be].}Signature of Sureties.
Before me,
E.F.,
Registrar.
[or Deputy Registrar,or Commissioner to
take Bail,as the case may be.]

FORM No. 15.
COMMISSION TO TAKE BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To [state name and description of Commissioner],greeting.
Whereas in the above-named action bail is required to be taken on behalf
of [state name of party for whom bail is to be given and whether Plaintiff or
Defendant] in the sum of [state sum in letters] dollars,to answer judgment
as the said action:
We therefore hereby authorize you to take such bail on behalf of the said
from two sufficient sureties,upon the bail bond hereto an-
nexed,and to swear the said sureties to the truth of the annexed affidavits
as to their sufficiency,in the form indorsed hereon.
And We command you that,upon the said bond and affidavits being duly
executed and signed by the said sureties,you do transmit the same,attested
by you,to the Registry of Our said Court.
Given at in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission to take Bail.
Taken out by
Form of Oath to be administered to each Surety.
You swear that the contents of the affidavit,to which you have subscribed
your name,are true.
So help you GOD.
FORM No.16.
NOTICE OF BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I tender the under-mentioned persons as bail on behalf of
[state name,address,and description of party for whom bail is to be given
and whether Plaintiff or Defendant]in the sum of [statesum in letters
and figures]to answer judgment in this action [or judgment and costs,or
costs only,or as the case may be].
Names,addresses,and descriptions of
SURETIES. REFEREES.
(1.) (1.)
(2.) (2.)
Dated the day of 1.
(Signed.)
X.Y.
FORM No. 17.
NOTICE TO JUSTIFY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I require [state name,address,and description of surety
or sureties required to justify] to justify by affidavit his[or their]sufficiency
as a surety [or sureties] in the above-named action.
Dated the day of 1.
(Signed.)
A.B.
FORM No.18.
AFFIDAVIT OF JUSTICATION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Actoin.]
I [state,name,address and description of surety],one of the proposed
sureties for [state name,address,and description of person for whom bail is to
be given]make oath and say that I am worth more than the sum of [state in
letters the sum in which bail is to be given] dollars after the payment of all my
debts.
On the day of
1,the said
was duly sworn to the truth of this
affidavit at
Before me,
E.F.,
Registrar.
[or Commissioner,as the case may be.]} Signature of Surety.
FORM No.19.
NOTICE OF OBJECTION TO BAIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I object to the bail proposed to be given by [state name,
address,and description of surety or sureties object to]in the above-named
action.
Dated the day of 1.
(Signed.)
A.B. FORM No.20.
RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas by Our warrant issued in the above-named action on the
day of 1,We did command you to arrest [state name and
nature of property arrested] and to keep the same under safe arrest until
you should receive further orders from Us:We do hereby command you to
release the said [state name and nature of property to be released] from the
incurred by you in respect of the arrest and custody thereof.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
Release.
Taken out by
(Signed.)
E.F.,
Registrar.
FORM No.21.
PLEADINGS.
(1.)In an Action for Damage by Collision:
a. ('The Atlantic.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18
1.Shortly before 7 p.m. on the 31st January,1878,the brig 'Anthes,'
of 234 tons register,of which the Plaintiff George De Garis,was then
owner,whilst on a voyage from Cardiff to Granville,in France,laden with
,and manned with a crew of nine hands,all told,was about fifteen
miles S.E. 1/2 E. from the Lizard Light.
2.The wind at that time was about E.N.E., a moderate breeze,the weather
was fine,but slightly hazy,and ther tide was about slack water,and of title
force.The 'Anthes' was sailing under all plain sail,close hauled on the
port tack,heading about S.E. and proceeding through the water at the rate
of about five knots per hour.Her proper regulation side sailing lights
were duly placed and exhibited and burning brightly,and a good look-out
was being kept on board of her. 3.At that time those on board the 'Anthes' observed the red light of
a sailing vessel,which proved to be the 'Atlantic,' at the distance of
from one mile and a half to two miles from the 'Anthes,' and bearing above
one point on her port bow.The 'Anthes' was kept close hauled by the
wind on the port tack.The 'Atlantic' exhibited her green light and
in her red light,and drew a little on to the starboard bow of the 'Anthes,'
and she was then seen to be approaching and causing immediate danger of
collision.The helm of the 'Anthes' was thereupon put hard down,
the 'Atlantic,' although loudly hailed from the 'Anthes,' ran against and
with her stem and starboard bow struck the starboard quarter of the
'Anthes' abaft the main rigging,and did her so much damage that the
'Anthes' soon afterwards sank,and was with her cargo wholly lost,and
four of her hands were drowned,
4.There was no proper look-out kept on board the 'Atlantic.'
5.Those on board the 'Atlantic' improperly neglected to take in the
time proper measures for avoiding a collision with the 'Anthes.'
6.The helm of the 'Atlantic' was ported at an improper time.
7.The said collision,and the damages and losses consequent thereom,were
occasioned by the neglient and improper navigation of those on board the
'Atlantic.'
The Plaintiff claims-
1.A declaration that he is entitled to the damage proceeded for.
2.The condemnation of the Defendants [and their bail] in such damage
and in costs.
3.To have an account taken of such damage,with the assistance of
merchants.
4.Such further or other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants are the owners of the Swedish barque 'Atlantic,' of
988 tons register,carrying a crew of nineteen hands all told,and,at the time
of the circumtances hereinafter stated,bound on a voyage to Cardiff.
2.A little before 6.30 p.m. of the 31 st January,1878,the 'Atlantic'
was about fifteen miles S.E. by S. of the Lizard.The wind was E.N.E.
The weather was hazy.The 'Atlantic,' under foresail,fore and main top-
sail,main tophgallant sail,and jib,was heading about W.S.W., making
five to six knots an hour,with her regulation lights dult exhibited and burn-
ing,and a good look-out being kept on board her. 3.In there circimstances,the red lights of two vessels were observed pretty
alose together,about half a mile off,and from two to three points on the star-
board bow.The helm of the 'Atlantic' was put to port in order to pass on
the port sides of these vessels.One,however,of the vessels,which was the
'Anthes,' altered her course,and exhibited her green light and caused dan-
ger of collision.The helm of the 'Atlantic' was then ordered to be steadied,
but before this order could be completed was put hard-a-port.The 'Anthes,'
with her starboard side by the main rigging,struck the stem of the 'Anlantic'
and shortly afterwards sank,her master and four of her crew being saved by
the 'Anlantic.'
4.Save as hereinbefore admitted ,the several statements in the Prtition
are denied.
5.The 'Anthes' was not kept on her course as required by law.
6.The helm of the 'Anthes' was improperlty starboarded.
7.The collision was caused by one or both of the things stated in the fifth
and sixth paragraphs hereof,or otherwise by the neglience of the Plaintiff
or of those on board the 'Anthes.'
8.The collision was not caused or contributed to by the Defendants,or by
any of those on board the 'Atlantic.'
And by way of Counterclaim the Defendants say-
They have suffered great damage by reason of the collision.
And they claim as follows:-
1.Judgment against the Plaintiff [and his bail] for the damage occa-
sioned to the Defendants by the collision,and for the costs of this
action.
2.To have an account taken of such damage,with the assistance of mer-
chants.
3.Such further and pther relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the several statements contained in the Answer and
Counterclaim,[or admits the several statements contained in paragraphs
and of the Answer and Counterclaim,but denies the otehr statements
contained therein].
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
b.('The Julia David.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.At about 2 a.m. on the 4th September,1876,the steamship 'Sarpedon,'
of 1,556 tons register and 225 horse power,of which the Plaintiffs were
owners,whilst on a voyage from Shanghai and other ports to London,with
a cargo of tea and other goods,was about 80 miles south-west of Ushant.
2.The wind at such time was about south-west,the weather was a little
hazy and occasionally slightly thick,and the 'Sarpedon' was under steam
and sail,steering north-east,and proceeding at the rate of about ten knots
per hour.Her proper regulation masthead and side lights were duly exhibited
and burning brightly,and a good look-out was being kept.
3.At such time the masthead and red lights of a steam vessel,which
proved to be the above-named vessel 'Julia Davit,' were seen at the distance
of about two miles from and ahead of the 'Sarpedon,' but a little on her
port bow.The helm of the 'Sarpedon' was ported and hard-a-ported,but
the 'Julia Davit' opened her green light to the 'Sarpedon,' and,although
the engines of the 'Sarpedon' were immediately stopped and her steam
whistle was blown,the 'Julia David' with her steam struck the 'Sarpedon'
on her poer side,abreast of her red light,and did her so much damage that
her master and crew were compelled to abandon her,and she was lost with
her cargo.The 'Julia David' went away without rendering assistance to
those on board the 'Sarpedon,' and without answering signals which were
made by them for the assistance.
4.Those on board the 'Julia David' neglected to keep a proper look-out.
5.Those on board the 'Julia David' neglected to duly port the helm of
the 'Julia David.'
6.The helm of the 'Julia David' did not duly observe and comply with the provisions
of Article 16 of the 'Regulations for Preventing Collision at Sea.'
8.The said collision was occasioned by the improper and negligent navi-
gation of the 'Julia David.'
The Plaintiffs claim-
1.A declaration that they are entitled to the damage proceeded for,and
the condemnation of the said steamship 'Julia David' and the
Defendants therein,and in costs.
2.To have an account taken of such damage,with the assistance of
merchants.
3.Such further and other relief as the nature of the case may requrie.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. ANSWER AND COUNTERCLAIM.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants are the owners of the Belgian screw steamship 'Julia
David,' of about 1,274 tons register,and worked by engines of 140 horse
power nominal,with a crew of thirty hands,whcih left Havre on the 2nd
September,1876.with a general cargo,bound to Alicante and other ports in
the Mediterranean.
2.About 2.45 a.m. of the 4th September,1876,the 'Julia David,' in the
course of her said voyage,was in the Bay of Biscay.The weather was thick,
with a drizzling rain and banks of fog,and a stiff breeze blowing from S.S.W.,
with a good deal of sea.The 'Julia David,' under steam alone,was steering
S.S.W. 1/2 W. by bridge steering compass,or S.W. 1/2 W. magnetic,and was
making about five knots an hour.Her regulation lights were duly exhibited
and burning brightly,and a good look-out was being kept on board her.
3.In the circumstances aforesaid,those on board the 'Julia David' saw
the green and masthead lights of a steamship,the 'Sarpedon,' about two
miles off,and about two points on the starboard bow.The 'Julia David'
was kept on her course.But after a short time the 'Sarpedon' opened her
red light and caused danger of collision.The helm of the 'Julia David'
was thereupon put hard-a-port, and her engines stoppeds and almost
immediately reversed full speed,but,nevertheless,the 'Sarpedon' came into
collision with the 'Julia David,' striking with the port side her stem and
port bow,and doing her consideration damage.
4.The vessels separated immediately.The engines of the 'Julia David'
were then stopped,and her pumps sounded.She was making much water,
and ir was found necessary to turn her head away from the wind and sea.
As soon as it could be done without great danger,she was steamed in the
direction in which those on board her believed the 'Sarpedon' to be,but
when day broke and no traces of the 'Sarpedon' could be discovered ,the
search was given up,and the 'Julia David,' being in a very disabled state,
made her way to a port of refuge.
5.Save as hereinbefore appears,the several statements contained in the
Petition are denied.
6.A good look-out was not kept on board the 'Sarpedon.'
7.The helm of the 'Sarpedon' wsa improperly ported.
8.Those on board the 'Sarpedon' improperly neglected or omitted to
keep her on her course.
9.Those on board the 'Sarpedon' did not observe the provisions of
Article 16 of the 'Regulations for Preventing Collision at Sea.'
10.The collision was occasioned by some or all of the matters and things
alleged in the 6th,7th,8th,and 9th paragraphs hereof,or otherwise by tyhe
default of the 'Sarpedon' or those on board her.
11.No blame in respect of the collision is attributable to the 'Julia
David' or to any of those on board her.
And by way of Counterclaim the Defendants say that the collision caused
great damage to the 'Julia David.'
And they claim-
1.The condemnation of the Plaintiffs [and their bail] in the damage
caused to the 'Julia David' and in the costs of this action.
2.To have an account taken of such damage,with the assistance of
merchants.
3.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff deny the several statements contained in the Answer and
Counterclaim [or as the case may be].
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.
(2.)In an Action for Salvage:
a.(The 'Crosby.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The 'Asia' is an iron screw steamship of 902 tons net register tonnage,
fitted with engines of 120 horse power nominal,is of the value of $150,000,
and was,at the time of the services hereinafter stated,manned with a crew of
twenty-three hands under the command of George Hook Bawn,her master.
2.At about 9 a.m. on the 29th April,1877,while the 'Asia'-which was
in ballast proceeding on a voyage to Nikolaev to load a cargo of grain-was
between Odessa and Ochakov,those on board her saw a steamship ashore on
a bank stuated about ten miles to the westward of Ochakov.The 'Asia'
immediately steamed in the direction of the distressed vessel,which made
signals for assistance.
3.On nearing the distressed vessel,which proved to be the 'Crosby,' out
of the 'Asia's' boats was sent to the 'Crosby,' in charge of the second made of the 'Asia,' and subsequently the master of the 'Crosby,' boarded the
'Asia,' and,at the request of the 'Crosby,' the master of the
'Asia' agreed to endeavour to tow the 'Crosby' afloat.
4.The 'Crosby' at this time was fast aground,and was lying with her
head about N.N.W.
5.The master of the 'Asia' having ascertained from the master of the
'Crosby' the direction in which the 'Crosby' had got upon the bank,the
'Asia' steamed up on the starboard side of the 'Crosby' and was lashed
to her.
6.The 'Asia' then set on ahead and attempted to tow the 'Crosby'
afloat,and so continued towing without effect until the hawser which belonged
to the 'Asia' broke.
7.The masters of the two vessels being then both agreed in opinion that it
would be necessary to lighten the 'Crosby' before she could be got afloat,it
was arranged that the cargo from the 'Crosby' should be taken on board
the 'Asia.'
8.The 'Asia' was again secured alongside the 'Crosby,' and,the hatches
being taken off,cargo was then discharged from the 'Crosby' into the :Asia,'
and this operation was continued until about 6p.m., by which time about
100 toms of such cargo had been so discharged.
9.When this had been done both vessels used their steam,and the 'Asia'
tried again to get the 'Crosby' off,but without success.The 'Asia' then
towed with a hawser ahead of the 'Crosby,' and succeeded in getting her
afloat,upon which the 'Crosby' steamed to an anchorage and then brought
up.
10.The 'Asia' steamed after the 'Crosby' and again hauled alongside
of her and commenced putting the transshipped cargo again on board the
'Crosby,' and continued doing so until about 6 a.m. of the 30th April,by
which time the operation was completed,and the 'Crosby' and her cargo
being in safety the 'Asia' proceeded on her voyage.
11.By the services of the Plaintiffs the 'Crosby' and her cargo were
rescued fro a very dangerous and critical position,as,in the event of bad
weather coming on whilst she lay aground,she would have been in very great
danger of being lost with her cargo.
12,The 'Asia' encountered some risk in being lashed alongside the
'Crosby,' and she ran risk of also getting aground and of losing her charter,
the blockade of the port of Nikolaev being at the time imminent.
13.The value of the hawser of the 'Asia' broken as herein stated was
$400.
14.The 'Crosby' is an iron screw steam ship of 1,118 tons net (1,498
gross) register tonnage.As salved,the 'Crosby' and her cargo and freight
have been agreed for the purposes of this action at the value of $41,092.
The Plaintiffs claim-
1.Such an amount of salvage,regard being had to the said agreement,
as the Court may think fit to award.
2.The condemnation of the Defendants [pand their bail] in the salvage
and in costs.
3.Such further and other relief as the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiciton.
[Title of Action.]
1.The Defendants admit that the statement of facts contained in the
Petition is substantially correct,except that the re-shipment of the cargo on
board the 'Crosby' was completed by 4a.m. on the 30the April,1877.
2.The Defendants subit to the judgment of the Court to award such a
moderate amount of salvage to the Plaintiffs under the circumstances afore-
said as to the said Court shall seem meet.
Dated the day of 18.
(Signed.)
C.D., etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiffs deny the statement contained in the 1st paragraoh of the
Answer,that the shipment of the cargo was completed by 4 a.m. on the
30th April,1877.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs.
b.(The 'Newcastle.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The 'Emu' is a steam tug belonging to the Whitby Steam Boat Com-
pany,of six tons register,with engines of 40 horse power nominal,and was,
at the time of the services hereinafter stated,manned by a crew of five hands.
2.Just before midnight on the 22nd July,1876,when the 'Emu' was
lying in Whitby harbour,her master was informed that a screw steamship
was ashore on Kettleness Point.He at once got up steam,but was not able,
owing to the tide,to leave the harbour till about 1.45 a.m. of the 23rd.
3.About 2 a.m. the 'Emu' reached the screw steamship, which was the
'Newcastle,' and which was fast upon the rocks,with a kedge and warp out.
The wind was about N., blowing fresh;the sea was smooth,but rising;the
tide was flood.
4.The master of the 'Emu' offereed his services,which were at first de-
clined by the master of the 'Newcastle;' shortly afterwards the kedge
warp broke and the 'Newcastle' swung square upon the land and more upon
the rocks.The master of the 'Newcastle' then asked the master of the
'Emu' to tow him off,and,after some conversation,it was agreed that the
remuneration should be settled on shore.
5.About 3 a.m. those on board the 'Emu' got a rope from the 'New-
castle' on board,and began to tow.After some towing this rope broke.
The tow line of the 'Newcastle' was then got on board the 'Emu,' and
the 'Emu' kept towing and twisting the 'Newcastle,' but was unable
to get her off till about 5 a.m., when it was near high water.The master of
the 'Emu' then saw that it was necessary to try a click or jerk in order to
get the 'Newcastle' off,and accordaingly,at the risk of straining his vessel,
be gave a strong click in a northerly direction,and got the 'Newcastle' off.
6.The master of the 'Emu' then asked if the 'Newcastle' was making
water,and was told a little only,but as he saw that the hands were at the
pups he kept the 'Emu' by the 'Newcastle' until she was areast of
Whitby.He then inquired again if any assistance was wanted,and being
told that the 'Newcastle' was all right and would proceed on her voyage,
he steamed the 'Emu' back into Whitby harbour anout 7 a.m.
7.About 8 a.m. a gale from N.E., which continued all that day and the
next,came on to blow with a high seam.If the 'Newcastle' had not been
got off before the gale came on,she would have gone to pieces on the rocks.
8.By the services aforesaid the 'Newcastle' and her cargo and the lives
of those on board her were saved from total loss.
9.The 'Newcastle' is a screw steamship of 211 tons register,and was
bound from Newcasle to Hull with a general cargo and 19 passengers.The
value of the 'Newcastle,' her cargo and freight,including passage money,
is as follows:-
The 'Newcastle,' $30,000;her cargo,$15,000;freight and passage
money,$650;-in all,$45,650.
The Plaintiffas claim-
1.The condemnation of the Defendants [and their bail] in such an
amount of salvage remuneration as to the Court may seem just,
and in the costs of this action.
2.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.At about 6.45 p.m. on the 22nd July,1876,the iron screw steamship
'Newcastle,' of 211 tons register,propelled by engines of 45 horse power,
and manned by 12 hands,her master included,whilst proceeding on a voyage
from Newcastle to Hull with cargo and passengers,ran aground off Kettle-
ness Point,on the coast of Yorkshire.
2.The tide at this time was the first quarter ebb,the weather was calm,
and the sea was smooth,and the 'Newcastle,' after grounding as aforesaid,
sat upright and lay quite still,heading about E.S.E. Efforts were then
made to get the 'Newcastle' again afloat by working her engines,but it was
found that this could not be done in the then state of the tide.
3.At about 10 p.m. of the said day a kedge,with a warp attached to it,
was carried out from the 'Newcastle' by one of her own boats and dropped
to seaword,and such warp was afterwards hove taut and secured on board
the 'Newcastle,' with the view of its being hove upon when the flood tide
made.Several cobles came to the 'Newcastle' from Runswick,and the
men in them offered their assistance,but their services,not being required,
were declined.
4.At about 2 a.m. of the following morning the steam tug 'Emu,'
whose owners,master,and crew are the Plaintiffs in this action,came to the
'Newcastle' and offered assistance,which was also declined.
5.The flood tide was then making,and by about 2.45 a.m. the 'Newcastle'
had floated forward,and attempts were made to get the stern of the 'New-
castle also afloat ,and the warp attached to the aforesaid kedge was attempted
to be hove in,but the said warp having parted,the master of the 'Newcastle'
endeavoured ineffectually to make an agreement with the master of the 'Emu'
to assist in getting the 'Newcastle' afloat,and at about 3 a.m. a rope was
given to the 'Emu' from the port bow of the 'Newcaste,' and directions
were given to the 'Emu' to keep the head of the 'Newcastle' to the east-
ward in the same way as it had been kept by the aforesaid kedge anchor and
warp.The 'Emu' then set ahead and almost immediately the said rope was
broken.A coir hawser was thereupon given to the 'Emu,' and those on
board her were directed not to put any strain on it,but to keep the 'Emu'
paddling ahead sufficiently to steady the head of the 'Newcastle,' and
to keep her head to the eadtward.This the 'Emu' did and continued to
do until about 4.45 a.m., when the 'Newcastle,' by means of her own engunes,
was moved off from the ground,and the 'Emu' was brought broad on the
port bow of the 'Newcastle,' and the 'Emu' had to stop towing and to
shift the rope from her port bollard,where it was fast,to her towing hook,but
the 'Newcastle' contonuing to go ahead,the said rope had to be let go on
board the 'Emu' and it was then hauled in on board the 'Newcastle.'The
'Newcastle,' under her own steam,then commenced proceeding south,the wind at the time being N.N.W. and light,and the weather fine.It was
afterwards ascertained that the 'Newcastle' was making a little water in her
afterhold,and her hand punps were then worked,and they kept the 'New-
castle' free.
6.The 'Emu' proceeded back with the 'Newcastle' as far as Whitby,
and the 'Newcastle' then continued on her voyage and arrived in the Hum-
ber at about 2.45 p.m. of the same day.
7.During the time aforesaid the master,crew,and passengers of the 'New-
castle' remained on board the 'Newcastle,' and no danger was incurred in
their so doing.
8.Save as herein appears,the Defendants deny the truth of the several
statements contained in the Petition.
9.The Defendants have paid into Court and tendered to the Plaintiffs for
their services the sum of $1,000 and have offered to pay thier costs,and the
Defendants submit that such tender is sufficient.
Dated the day of 18.
(Signed.)
C.D.,etc.,
Defendants.
(3.)In an Action for Distribution of Salvage:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.Describe briefly the salvage services,stating the part taken in them by the
Plaintiffs,and the capacity in which they were serving.
2.The sum of $ has been paid by the owners of the Ship,etc.
[state name of ship or other property salved] to the Defendants,as owners of
the Ship [state name of salving ship],and has been accepted by them in satis-
faction of their claim for salvage,but the said Defendants have not paid,and
refuse to pay,any part of that sum to the Plaintiffs for their share in the said
salvage services.
The Plaintiffs claim-
1.An equitable share of the said sum of $,to be apportioned
among them as the Court shall think fit,and the costs of this action.
2.Such other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs. (4.)In an Action for Master's Wages and Distursements:
a.('The Princess.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiff,on the 10th Debruary,1877,was appointed by the owner
of the British barque 'Princess,' proceeded against in this aciton,master of
the said barque,and it was agreed between the Plaintiff and the said owner
that the wages of the Plaintiff as master should be $100 per month.
2.The Plaintiff acted as master of the said barque from the said 10th
February until the 25th October,1877,and there is now due to him for
his wages as master during that time the sum of $850.
3.The Plaintiff,as master of the said barque,expended various sums of
money for necessary disbursements on account of the said barque;and there
is now due to him in respect of the same a balance of $350.
The Plaintiff claims-
1.A decree promouncing the said sums,amounting in the whole to
$1,200,to be due to him for wages and disbursements,and directing
the said vessel to be sold and the amount due to him to be paid to him
out of the proceeds.
2.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
b.(The 'Northumbria.')
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.In or about the month of July,1873,the Plaintiff was engaged by the
owners of the British ship 'Northumbria' to serve on board her as her master,
at wages after the rate of $130 per month,and he entered into the service of
the said ship as her master accordingly,and thenceforward served on board
her in that capacity and at that of wages until he was discharged as
hereinafter stated.
2.When the Plaintiff so entered into the service of the said ship she
was lying at the port of North Shields in the country of Northumberland,
and she thence sailed to Point de Galle,and thence to divers other ports abroad,and returned home to Cardiff,where she arrived on the 1st
October,1875.
3.The 'Northumbria,' after having received divers repairs at Cardiff,
left that port on the 5th November,1875,under the command of the Plain-
tiff on a voyage,which is thus described in the ship's articles signed by the
Plaintiff and her crew before commencing the same,viz., 'A voyage from
'Cardiff to Bahia or Pernambuco,and any ports or places in the Brazils,
'or North or South America,United States of America,Indian,Pacific,or
'Atlantic Oceans,China or Eastern Seas,Cape Colonies,West Indies,or
'Continent of Europe,including the Mediterranean Sea or Seas adjacent,to
'and fro,if reqiored,for any period not exceedign three years,but finally to a
'port of discharge in the Kingdom or Continent of Europe.'
4.The 'Northumbria,'after so leaving Catdiff,met with bad weather
and suffered damage,and was compelled to put back to Falmouth for repairs
before again proceeding on her voyage.
5.The Plaintiff was ready and willing to continue in the service of the
'Northumbria,' and to perform his duty as her master on and during the
said voyage,but the Defendants,the owners of the 'Northumbria,' wrong-
fully and without reasonable cause discharged the Plaintiff on the 23rd
November from his employment as master,and appointed another person
as master of the 'Northumbria' on the said voyage in the place of the
Plaintiff,and thereby heavy damage and loss have been sustained by the
Plaintiff.
6.The Plaintiff,whilst he acted as master of the 'Northumbria,' earned
his wages at the rate aforesaid;and he also,as such master,made divers
disbursements on account of the 'Northumbria;' and there was due and
owing to the Plaintiff in respect of such his wages and disbursements at the
time of his discharge a balance of $1,080,which sum the Defendants without
sufficient cause have neglected and refused to pay to the Plaintiff.
The Plaintiff claims-
1.Payment of the sum of $1,080,the balance due to the Plaintiff for his
wages and disbursements,with interest thereon.
2.Damages in respect of his wrongful discharge by the Defendants.
3.The condemnation of the Defendants [and their bail] in the amounts
claimed by or found due to the Plaintiff.
4.To have an account taken [with the assidtance of merchants] of the
amount due to the Plaintiff in respect of his said wages and disburse-
ments,and for damages in respect of such wrongful discharge.
5.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendants admit the statements made in the 1st,2nd,3rd,and
4th articles of the Plaintiff's petition.
2.Whilst the 'Northumbria' was upon her voyage in the said 3rd article
mentioned,and before and until she put into Falmouth,as in the said 4th
article mentioned,the Plaintiff was requently under the influence of drink.
3.During the night of the 10th November,1875,and the morning of the
11th November,1875,whilst a violent gale was blowing and the ship was
in danger,the Plaintiff was wholly drunk and was incapable of attending to
his duty as master of the said ship;and in consequence of the condition of
the Plaintiff much damage was done to the said ship,and the said was
almost put ashore.
4.The damage in the 4th article of the petition mentioned was wholly or
in part occasioned by the drunken condition of the Plaintiff during the said
voyage from Cardiff to Falmouth.
5.The Defendants,having received information of the above facts on the
arrival of the said ship at Falmouth,and having made due inquiries con-
cerning the same,had reasonabla and probable cause to and did discharge the
Plaintiff from his employment as master of the said ship on the 23rd No-
vember,1875.
6.The Plaintiff on the 12th November,1875,whilst the said ship was at
Falmouth,wrongfully and improperly tore out and destroyed certain entries
which had been made by the mate of the said ship in her log-book relating
to the said voyage from Cardiff to Falmouth;and the Plaintiff substitued
in the said log-book entries made by himself with intent to conceal the true
facts of the said voyage from the Defendants.
7.The Defendants bring into Court the sum of $1,040 in respect of the
Plaintiff's claim for wages and disbursements,and say that the said sum is
enough to satisfy the Plaintiff's said claim in that behalf.The Defendants
offer to pay the Plaintiff's costs to this time in respect of those two causes
of action.
Dated the day of 18.
(Signed.)
C.D.,
E.F.,etc.,
Defendants.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the several statements contained in the answer [or as
case may be].
Dated the day of 18.
(Signed,)
A.B.,
Plaintiff. (5.)In an Action for Seamen's Wages:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiff,A.B., was engaged as mate of the British brig 'Bristol,'
at the rate of $ per month,and in pursuance of that engagement
served as mate on board the said brig from the day of
18,to the day of 18,and during that time
as mate of the said brig earned wages amounting to $.After
giving credit for the sum received by him on account,as shown in the
schedule hereto,there remains due to him for his wages a balance of $.
2.The Plaintiff,C.D.,E.F.,and G.H.were engaged as able seamen on
board the said brig,and,having in prusuance of that engagement served as
able seamen on board the said brig during the periods specified in the
schedule hereto,earned thereby as wages the sum set forth in the same
schedule,and after giving credit for the sums received by them respectively,
on account of the said wages,there remain due to them the following sums,
namely,-
To C.D. the sum of $
To E.F. $
To G.H. $
3.The Plaintiffs I.K.and L.M. were engaged as ordinary seamen on
board the said brig,and,having served on board the same in pursuance of
the said engagement during the periods specified in the schedule hereto,earned
thereby the sums set forth in the same schedule ,and after giving credit for
the sums received by them respectively,on account of the said wages,there
remain due to them the following sums,namely,-
To I.K. the sum of $
To L.M. $
SCHEDULE referred to above.
Wages due to A.B., mate ,from the 18,to the 18
months and days,at $ per month.
Less received on account
Balance due Wages due to C.D., able seamen,from the 18,to the
18,months and days ,at $
per month.
Less received on account
Balance due
[so on with the wages due to the other Plaintiffs.]
The Plaintiffs claim-
1.The several sums so due to them respectively,with the costs of this
action.
2.Such other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.
(6.)In an Action for Bottomry:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.In the month of July,1876,the Italian barque 'Roma Capitale' was
lying in the port of Rangoon in the Pegu Division of British Burman,and
Pietro Ozilia,her master,being in want of funds,was compelled to borroe
on bottomry of the said barque and her freight from the Cassa Marittima di
Genova the sum of 3,478.7s.11d.for the necessary and indispensable
repairs,charges,and supplies of the said vessel in the said port of Rangoon,
and to enable her to prosecute her voyage from Rangoon to Akyab and
thence to
2.Accordingly,by a bond of bottomry dated the 11th day of the said
month of July and duly executed by him,the said Pietro Ozilia,in considera-
tion of the sum of 3,478.7s.11d.lent by the said Cassa Marittima di
Genova upon the said adventure upon the said barque and freight at the
maritime premium of 23 per cent., bound himself and the said barque and the
freight to become payable in respect of the said voyage to pay to the said Cassa
Marittima di Genova,their successors or assigns,the sum of 4,278/ 8s. 7d.
(which included the principal charges and the maritime interest due thereon),
with 30 days after the said barque should arrive at her port of discharge;
and the said bond provided that the said Cassa Marittima di Genova should
take upon themselves the maritime risk of the said voyage.
3.The 'Roma Capital' has since successfully prosecuted her said in-
tented voyage for which the aforesaid bond was granted,and arrived at
as her port of discharge on or about the 30th March,1877. 4.Before the issue of the writ in this action the said bond became due and
payable,and was duly indorsed by the said Cassa Marittima di Ganova to
the Plaintiffs,who thereby became and are the legal holders thereof,and the
sum of 4,278.8s.7d.is now due and owing thereon to the Plaintiffs.
The Plaintiffs claim-
1.A declaration for the force and validity of the said bond.
2.The condemnation of the said barque 'Roma Capitale' and her
freight in the equivalent in Hongkong currency of the sum of 4,278.
8s.7d., with interest thereon at the rate of $8 per cent. per annum from
the time when the said bond became payable,and in costs.
3.A sale of the said barque and the application of the proceeds of her
sale and of her freight in payment to the Plaintiffs of the said amount
and interest and costs.
4.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs.
(7.)In an Action for Mortgage:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The above-named brigantine or vessel 'Juniper' is a British ship be-
longing to the port of ,of the registered tonnage
of 109 tons or thereabouts,and,at the time of the mortgage hereinafter
mentioned,Thomas Brock,of ,was the registered owner
of the said brigantine.
2.On the 4th July,1876,32-64th parts or shares of the said brigantine
were mortgaged by the said Thomas Brock to the Plaintiff,to secure the
payment by the said Thomas Brock to the Plaintiff of the sum of 400,
together with interest thereon at the rate of 5 per cent. per annum on or
before the 1st July,1877.
3.The said mortgage of the 'Juniper' was made by an instrument dated
the 4th July,1876,in the form prescribed by the Merchant Shipping Act,
1854,and was duly registered in accordance with the provisions of the said
Act.
4.No part of the said principal sum or interest has been paid,and there
still remains due and owing to the Plaintiff on the said mortgage security the
principal sum of 400,together with a large sum of money for interest and
expenses,and the Plaintiff,although he has applied to the saud Thomas Brock
for payment thereof,cannot obtain payment without the assistance of this
Court. The Plaintiff claims-
1.Judgment for the equivalent in Hongkong currency of the said
principal sum of 400,together with interest and expenses.
2.To have an account taken of the amount due to the Plaintiff.
3.Payment,out of the proceeds of the said brigantine now remaining in
Court,of the amount found due to the Plaintiff,together with costs.
4.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
(8.)In an Action between Co-Owners(for Account):
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The 'Horlock' is a sailing ship of about 40 tons register,trading
between Horlock,who was then sole owner of the above-named ship 'Horlock,'
transferred to Thomas Worraker,of ,32-64th parts or
shares of the ship for the sum of $3,200.
3.By a subsequent bill of sale,duly registered on the 16th December,1876,
the said Thomas Worraker transferred his said 32-64th shares of the ship to
George Wright,the Plaintiff,for the sum of $1,750.
4.The Defendant,John Horlock,has had the entire management and the
command of the said ship from the 11th June,1867,down to the present
time.
5.The Defendant has from time to time ,up to and including the 24th Sep-
tember,1874,rendered accounts of the earnings of the ship to the afore-
mentioned Thomas Worraker,but since te said 24th September,1874,the
Defendant has rendered no accounts of the earnings of the ship.
6.Since the 16th December,1876,the ship has continued to trade between
and,and the Plaintiff has made several appli-
cations to the Defendant,John Horlock,for an account of the earnings of the
ship,but such applications have proved ineffectual.
7.The Plaintiff is dissatisfied with the management of the ship,and con-
sequently desires that she may be sold.
Teh Plaintiff claims-
1.That the Court may direct the sale of the ship 'Horlock.'
2.To have an account taken of the earnings of the said ship,and that the Defendant may be condemned in the amount which shall be found due
to the Plaintiff in respect thereof,and in the costs of this action.
3.Such further or other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff.
ANSWER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
1.The Defendant denies the statement contained in paragraph 2 of the
petition.
2.The Defendant further says that he never at any time signed any bill of
sale tranbsferring any shares whatever of the said ship 'Horlock' to the said
Thomas Worraker,and further says that,if any ship bill was registered as
alleged on the 11th June in the said 2nd paragraph (which the Defendant
denies),the same was made and registered fraudulently and without the know-
ledge,consent,or authority of the Defendant.
3.The Defendant does not admit the statement contained in the 3rd para-
graph of the petition,and says that if the said Thomas Worraker transferred
any shared of the said ship to the Plaintiff as alleged (which the Defendant
does not admit),he did so wrongfully and unlawfully,and that he had not
possession of or any right to or in respect of the said shares.
4.The Defendant denies the statements contained in paragraph 5 of the
petition,and says that he never rendered any such accounts as alleged
therein.
5.The Defendant does not admit the statements contained in paragraph
5 of the petition.
Dated the day of 18.
(Signed.)
C.D.,
Defendant.
REPLY.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
The Plaintiff denies the severals statements on the answer.
Dated the day of 18.
(Signed.)
A.B.,
Plaintiff. (9.) In an Action for Possession:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiffs are registered owners of 44-64th shares in the British ship
'Native Pearl,' and such share are held by them respectively as follwos:-
Morgan Parsall Griffiths is owner of 16-64th shares,Edmund Nicholls of
8-64th shares,William Meager of 4-64th shares,Isaac Butler of 8-64th
shares,and William Herbert of 8-64th shares.
2.The only owner of the said ship other than the Plaintiffs is John
Nicholas Richardson,who is the registered owner of the remaining 20-64th
shares of the said ship,and has hitherto acted as managing owner and ship's
husband of the said ship,and has possession of and control over the said ship
and her certificate of registry.
3.The Defendant,the said John Nicholas Richardson,has not managed
the said ship to the satisfaction of the Plaintiffs,and has,by his manage-
ment of her,occasioned great loss to the Plaintiffs;and the Plaintiffs in
consequence thereof,before the commencement of this action,gave notice to
the Defendant to cease acting as managing owner and ship's husband of the
said ship,and revoked his authority in that behalf,and demanded from the
Defendant the possession and control of the said ship and of her certificate
of registry;but the Defendant has refused and still refuses to give possession
of the said ship and certificate to the Plaintiffs,and the Plaintiffs cannot
obtain possession of them without the assistance of this Court.
4.The Defendant has neglected and refused to render proper accounts
relating to the management and earnings of the said ship,and such accounts
are still outstanding and unsettled between the Plaintiffs and the Defendant.
The Plaintiffs claim-
1.Judment giving possession to the Plaintiffs of the said ship and of her
certifcate of regidtry.
2.To have an account taken,with the assistance of merchants,of the
earnings of the ship.
3.A sale of the Defendant's shares in the said ship.
4.Payment out of the proceeds of such sale of the balance ,if any,found
due to the Plaintiffs and of the costs of this action.
5.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. (10.)In an Action for Necessaries;
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
1.The Plaintiffs,at the time of the occurrences hereinafter mentioned,
carried on business at the port of as bonded store and provision
merchants and ship chandlers.
2.The 'Sfactoria' is a Greek ship,and in the months of June,July,
August,and September,1874,was lying in the said port of
under the command of one George Lazzaro,a foreigner,her master and owner,
and in the said month of Septmeber she proceeded on her voyage to
3.The Plaintiffs,at the request and by the direction of the said master,
supplied,during the said months of June,July,August,and September,1874,
stores and other necessaries for the necessary use of the said ship upon the
said then intended voyage to the value of 412.16s.9ds., for which sum
an acceptance was given by the said George Lazzaro to the Plaintiffs;but on
the 4th February,1875,still remains due and unpaid to the Plaintiffs.
4.In the month of August aforesaid the Plaintiffs,at the request of the
said master,advanced to him the sum of 100 for the necessary disburse-
ments of the said ship port of and otherwise on
account of the said ship;and also at his request paid the sum of 11,which
was due for goods supplied for the necessary use of the said ship on the said
voyage; and of the sums so advanced and paid there still remains due and
unpaid to the Plaintiffs the sum of 61,with interest thereon from the 5th
January,1875,on which last-mentioned day a promissory note given by the
said George Lazzaro to the Plaintiffs for the said sum of 61 was returned
to them dishonoured.
5.The Plaintiffs,also,at the said master's request,between the 1st
September,1874,and the commencement of this action,paid various sums
amounting to 84.17s. for the insuance of their said debt.
6.The said goods were supplied and the said sums advanced and paid by
the Plaintiffs upon the credit of the said ship,and not merely on the personal
credit of the said master.
The Plaintiffs claim-
1.Judgment for the equivalent in Hongkong currency of the said sums
of 412.16s.9d., 61,and 84.17s., together with interest thereon.
2.That the Defendant [and his bail] be condemned therein,and in
costs:
or
2.A sale of the said ship,and payment of the said sums and interest out
of the proceeds of such sale,together with costs. 3.Such further and other relief as the nature of the case may require.
Dated the day of 18.
(Signed.)
A.B., etc.,
Plaintiffs.

(11.)In an Action for Condemnation of a Ship or Cargo,etc.
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
State briefly the circumstances of the seizure,or,if an Affidavit of the
circumstances has been filed,refer to the Affidavit.
A.B.[state name of person suing in the name of the Crown] claims-
The condemnation of the said Ship [and her cargo,and of
the said seven slaves,or as the case may be],on the ground that the said
ship,etc., was,at the time of the seizure thereof,fitted out for or
engaged in the Slave trade [or as having been captured from pirates,
or for violation of the Act s. or as the case may be].
Dated the day of 18.
(Signed.)
A.B.
(12.)In an Action for Restitution of a Ship or Cargo:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
State briefly the circumstances of the seizure.
A.B. [state name of person claiming restitution] claims-
The restitution of the said vessel [and her cargo,or as the
case may be ]together with costs and damages for the seizure thereof
[or as the case may be].
Dated the day of 18.
(Signed.)
A.B.,etc.,
Plaintiffs. (13.)In a Piracy cade,where the Captors intend to apply for Bounty,
add-
A.B. further prays the Court to declare-
(1.)That the persons attacked or engaged were pirates.
(2.)That the total number of pirates so attacked or engaged was
of whom were captured.
(3.)That the vessel [or vessels and boats] engaged was [or were]
[and ].
Dated the day of 18.
(Signed.)
A.B.
(14.)In an Action for Recovery of any Pecuniary Forfeiture or Penalty:
PETITION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Writ issued 18.
State briefly the circumstances,and the Act and section of Act,under which
the penalty is claimed.
I,A.B., claim to have the Defendant condemned in a penalty of $,
and in the costs of this action.
Dated the day of 18.
(Signed.)
A.B.
FORM No.22.
NOTICE OF MOTION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that on [state day of week] the day of 1,the
Plaintiff [or Defendant]will[by counsel or by his solicitor,if the motion is
to be made by counsel or solicitor] move the Judge in Court [or in Chambers,
as the case may be] to order that [state nature of order to be moved for.
In a notice of motion to vary a report of the Registrar,the items objected to
must be specified].
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff
[or
C.D.,
Defendant.] FORM No.23.
NOTICE OF TENDER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I have paid into Court,and tender in satisfaction of the
Plaintiff's claim [or as the case may be][if the tender is for costs also,add
including costs,]the sum of [state sum tendered both in letters and figures,
and on what terms,if any,the tender is made].
Dated the day of 1.
(Signed.)
C.D.,
Defendant.
FORM No.24.
NOTICE ACCEPTING OR REJECTING TENDER.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
Title of Action.
Take notice that I accept [or reject] the tender made by the Defendant in
this action.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff.
FORM No.25.
NOTICE FOR HEARING.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I set down this action for hearing.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff,
[or
C.D.,
Defendant.]
FORM No.26.
REGISTRAR'S REPORT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Whereas by a decree of the Court,dated the day of
1,the Court pronounced in favour of the Plaintiff [or Defendant],and
condemned the Defendant [or Plaintiff] and the ship [or as the case may be] in the amount to be found due to the Plaintiff [or Defendant][and
in costs],and the Court further ordered that an account should be taken,and
referred the same to the Registrar [assisted by merchants] to report the amount
due:Now I do report that I have,with the assistance of [here state names
and description of assessors,if any,] carefully examined the accounts and
rouches and the proofs brought in by the Plaintiff [or Defendant]n support
of his claim [or counterclaim],and having,on the day of 1,
heard the evidence of [state names] who were examined as witnesses on behalf
of the Plaintiff,and of [state names] who were examined as witnesses on
behalf of the Defendant,[and having heard the solicitors (or counsel) on both
sides,or as the case may be],I find that there is due to the Plaintiff [or
Defendant] the sum of $ [state sum in letters and figures] together
with interest thereon as stated in the schedule hereto annexed.I am also of
opinion that the Plaintiff [or Defendant] is entitled to the costs of this
reference [or as the case may be].
Dated the day of 1.
(Signed.)
E.F.,
Registrar.

SCHEDULE annexed to the foregoing Report.
FORM No.27.
COMMISSION OF APPRAISEMENT.
IN the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or cargo,and
state name of ship and,if part only of cargo,state what part] shall be appraised;
We,therefore,hereby command you to reduce into writing an inventory of
the said [ship or cargo,etc., as the case may be],and having chosen one or
more experienced person or persons,to swear him or them to appraise the
same according to the true value thereof,and when a certificate of such value
has been reduced into writing,and signed by yourself and by the appraisee
or appraisers,to file the same in the Registry of Our said Court,together with
this commission.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Appraisement.
Taken out by
FORM No.28.
COMMISSION OF SALE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or cargo,and
state name of ship,and,if part only of cargo,what part] shall be sold:We,
therefore,hereby command you to reduce into writing an inventory of the
said [ship or cargo,etc., as the case may be],and to cause the said [ship or
cargo,etc.,as the case may be,] to be sold by public auction for the highest
price that can be obtained for the same.
And We further command you,as soon as the sale has been completed,to
pay the proceeds arising therefrom into Our said Court,and to file an account
sale signed by you,together with this commission.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Sale.
Taken out by
FORM No.29.
COMMISSION OF SALE AND APPRAISEMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that [state whether ship or cargo,and
state name of ship,and,if part only of cargo,what part]shall be appraised
and sold:We,therefore,hereby command you to reduce into writing an
inventory of the said [ship or cargo,etc., as the case may be],and having
chosen one or more experienced person or persons,to swear him or them to
appraise the same according to the true value thereof, and when a certificate
of such value has been reduced into writing and signed by yourself and by
the appraiser or appraisers,to cause the said [ship or cargo,etc., as the case
may be] to be sold by public auction for the highest price,not under the
appraised value thereof,that can be obtained for the same.
And We further command you,as soon as the sale has been completed ,to
pay the proceeds arising therefrom into Our said Court,and to file the said
certificate of appraisement and an account sale signed by you,together with
this commission.
Given at ,in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Appraisement and Sale.
Taken out by
FORM No.30.
COMMISSION OF REMOVAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORTIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that the [state name and description of
ship] shall be removed from to on a policy of
insuance in the sum of $ being deposited in the Registry of Our
said Court;and whereas a policy of insurance for the said sum has been so
deposited:We,therefore,hereby command you to cause the said ship to be
removed accordingly. And We further command you,as soon as the removal has been completed
to file a certificate thereof,signed by you,in the said Registry,together
with this commission.
Given at in Our said Court,under the Seal thereof,the
day of 1.
(Signed.)
E.F.,
Registrar.
Commission of Removal.
Taken out by
FORM No.31.
COMMISSION FOR DISCHARGE OF CARGO.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered that the cargo of the Ship
shall be discharged:We,therefore,hereby command you to discharge the
said cargo from on board the said ship,and to put the same into some
and proper place of deposit.
And We further command you,as soon as the discharge of the said cargo
has been completed,to file your certificate thereof in the Registry of Our
said Court,together with this commission.
Given at in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission for Discharge of Cargo.
Taken out by
FORM No.32.
COMMISSION FOR DEMOLITION AND SALE.
(In a Slave Trade Case.)
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
We hereby command you,in pursuance of the decree of the Judge of Our
said Court to that effect,to cause the tonnage of the vessel
to be ascertained by such rule as shall for the time being be in force for
the admeasurement of British vessels,and further to cause the said vessel to
be broken up,and the material thereof to be publicly sold in separate parts together with her cargo,if any) for the highest price that can be obtained
at the same.
And We further command you,as soon as the sale has been completed ,to
pay the proceeds arising therefrom into Our said Court,and to file an account
signed by you,and a certificate signed by you of the admeasurement
and tonnage of the vessel,together with this commission.
Given at,in Our said Court,under the Seal thereof,this
day of 1.
(Signed.)
E.F.,
Registrar.
Commission for Demolition and Sale.
Taken out by
FORM No.33.
ORDER FOR INSPECTION.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
The Court,on the application of [state whether Plaintiff or Defendant]or-
dered thatt the Ship should be inspected by [state whether by the
Bailiff,or by the Assessors of the Court,or as the case may be,] and that
a report in writing of the inspection should be lodged by him[or them]
at the Registry of the Court.
(Signed.)
E.F.,
Registrar.
FORM No.34.
NOTICE OF DISCONTINUANCE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that this action is discontinued.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff. FORM No.35.
NOTICE TO ENTER JUDGMENT FOR COSTS.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I apply to have judgment entered for may costs in this
action.
Dated the day of 1.
(Signed.)
C.D.,
Defendant.
FORM No.36.
NOTICE OF APPEAL TO HER MAJESTY-IN-COUNCIL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] appeal from the decree
[or order] of the Full Court made the day of 1.
Dated the day of 1.
(Signed.)
A.B.,
Plaintiff
[or
Defendant.]
FORM No.37.
ORDER FOR PAYMENT OUT OF COURT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,Chief Justice [or Judge] of the said Supreme Court,
hereby order payment of the sum of [state sum in letters] dollars,being the
amount [state whether found due for damages or costs,or tendered in the action
or as the case may be]to be paid to [state name and address of party or solicitor
to whom the money is to be paid] out of the [proceeds of sale of ship,etc.,or
as the case may be]now remaining in Court.
Dated the day of 1.
Witness,
(Signed.)
E.F.,
Registrar.
(Signed.)
J.K.,
Chief Justice
[or
Judge.]
FORM No.38.
NOTICE FOR CAVEAT WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., of apply for a caveat against the
of any warrant for the arrest of [state name and nature of property],and
I undertake,within three days after being required to do so,to give bail to
any action or counterclaim that may have been or may be brought against
the same in this Court in a sum not exceeding [state sum in letters] dollars,
or to pay such sum into Court.
My address for service is
Dated the day of 1.
(Signed.)
A.B.
FORM No.39.
CAVEAT WARRANT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of 1, against the issue of any
warrant for the arrest of [state name and nature of property] without notice
being first given to [state name and address of person to whom,and address at
which,notice is to be given],who has undertaken to give bail to any action or
counterclaim that may have been or may be brought in the said Court against
the said [state name and nature of property].
On withdrawal of caveat,add-
Caveat withdrawn this day of 1.
FORM No.40.
NOTICE FOR CAVEAT RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] in the above-named
action,apply for a caveat against the release of [state name and nature of
property].
[If the person applying for the caveat is not a party to the action,he must
to state his address and an address for service within three miles of the
Registry.]
Dated the day of 1.
(Signed.)
A.B. FORM No.41.
CAVEAT RELEASE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Caveat entered this day of 1,against the issue of
any release of [state name and nature of property] by [state name and address
of person entering caveat and his address for service].
On withdrawal of caveat,add-
Caveat withdrawn thsi day of 1.
FORM No.42.
NOTICE FOR CAVEAT PAYMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I,A.B., Plaintiff [or Defendant] in the above-named
action,apply for a caveat against the payment of any money[if for costs,
add for costs,or as the case may be] out of the proceeds of the sale of
[state whether ship or cargo,and name of ship,etc.] now remaining in
Court,without notice being first given to me.
[If the person applying for the caveat is not a party to the action,he must
also state his address and an address for service within three miles of the
Registry.]
Dated the day of 1.
(Signed.)
A.B.
FORM No. 43.
CAVEAT PAYMENT.
In the Supreme of Hongkong,Admiralty Jurisdiction.
[Title of Aciton.]
Caveat entered this day of 1,against the payment
of any money [if for costs,add for costs,or as the case may be] out of the
proceeds of the sale of [state whether ship or cargo,and,if ship,state name
of ship,etc.]now remaining in Court,without notice being first given to
[state name and address of person to whom,and address at which,notice is
to be given].
On withdrawal of caveat,add-
Caveat wothdrawn this day of 1. FORM No.44.
NOTICE FOR WITHDRAWAL OF CAVEAT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
Take notice that I withdraw the caveat [state whether caveat warrant,
release,or payment]entered by me in this action[or as the case may be].
Dated the day of 1.
(Signed.)
A.B.
FORM No.45.
ORDER FOR PAYMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
It is ordered that A.B., Plaintiff [or Defendant,etc.] do pay to C.D.,
Defendant [or Plaintiff ,etc.],within days from the date hereof,
the sum of [state sum in letters] dollars,being the amount [or balance
of the amount]found due from the said A.B. to the said C.D. for [state
whether for damages,salvage,or costs,or as the case may be] in the above-
named action.
(Signed.)
E.F.,
Registrar.
FORM No.46.
ATTACHMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
VICTORIA,by the Grace of God,etc.
To the Bailiff of Our Supreme Court of Hongkong,greeting.
Whereas Our said Court has ordered [state name and description of person
to be attached] to be attached for[state briefly the ground of attachment]:We,
therefore,hereby command you to attach the saud
and to bring him before Our said Court.
Given at ,in Our said Court,under the Seal thereof,
this day of 1.
(Signed.)
E.F.,
Registrar.
Attachment.
Taken out by FORM No.47.
ORDER FOR COMMITTAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
Whereas A.B.[state name and description of person to be committed] has
commmitted a contempt of Court in that [state in what the contempt consists]
and,having been this day brought before the Court on attachment,persists
in his said contempt,it is now ordered that he be committed to prison for
the term of from the date hereof,or until he shall clear
himself from his said contempt.
(Signed.)
E.F.,
Registrar.
FORM No.48.
COMMITTAL.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
To
Receive into your custody the body [or bodies] of
herewith sent to you,for the cause herein-under written;that is to say,for
[state briefly the ground of attachment].
Dated the day of 1.
(Signed.)
J.K.,
Chief Justice
[or
Judge.]
Witness,
(Signed.)
E.F.,
Registrar.
FORM No. 49.
MINUTE ON FILING ANY DOCUMENT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
I,A.B.[state whether Plaintiff or Defendant],file the following documents,
viz:-
[Here describe the documents filed.]
Dated the day of 1.
(Signed.)
A.B. FORM No.50.
MINUTE OF ORDER OF COURT.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
The Court on the application of [state whether Plaintiff or Defendant]
ordered [state purport of order].
FORM No.51.
MINUTE ON EXAMINATION OF WITNESSES.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
A.B. [state whether Plaintiff or Defendant] produced as witnesses
[Here state names of witnesses in full.]
who,having been sworn[or as the case may be],were examined orally [if by
interpretation,add by interpretation of ].
FORM No. 52.
MINUTE OF DECREE.
In the Supreme Court of Hongkong,Admiralty Jurisdiction.
[Title of Action.]
On the day of 1.
Before
(1.)Decree for an ascertained Sum:
The Court having heard state whether Plaintiff and Defendant,or therir
counsel or solicitors,or as the case may be],and having been assisted by [state
names and descriptions of assessors,if any],pronounced the sum of [state sum
in letters and figures] to be due to the Plaintiff [or Defendant],in respect of
his claim [or counterclaim],together with costs [if the decree is for costs].
And condemned-
(a.)in an Aciton in Rem where Bail has not been given;
the Ship [or cargo ex the Ship or as the case
may be] in the said sum [and in costs].
(b.)in an Action in Personam,or in Rem where Bail has been given;
the Defendant [or Plaintiff] and his bail [if bail has been given] in the said
sum [and in costs].
(2.)Decree for a Sum not ascertained:
The Court having heard,etc., [as above],pronounced in favour of the
Plaintiff's claim [or Defendant's counterclaim] and condemned the Ship
[or cargo,etc., or the Defendant or Plaintiff] and his bail[if
bail has been given] in the amount to be found due to the Plaintiff [or
Defendant] [and in costs].And ordered that an account should be taken.
and
(a.)if the amount is to be assessed by the Court,
that all accounts and vouchers,with the proofs in support thereof,should be
filed within days [or as the case may be].
(b.)if the Court refers the assessment to the Registrar,
referred the same to the Registrar [assisted by merchants],to report the
amount due,and ordered that all accounts,etc.[as above].
(3.)Decree on Dismissal of Action:
The Court having heard,etc. [as above] dismissed the action [if with costs,
add] and condemned the Plaintiff and his bail [if bail has been given] in costs
(4.)Decree for Condemnation of a Derelict subject to Salvage:
The Court having heard ,etc.[as above] pronounced the sum of [state sum
in letters] to be due to A.B.,etc., for salvage,together with costs,and,subject
thereto,condemned the said Ship [or cargo or proceeds of ship or of
cargo,etc., as the case may be]as a droit and perquisite of Her Majesty in her
Office of Admiralty.
(5.)Decree in Action for Possession:
The Court having heard,etc. [as above],decreed that possession of the
Ship should be given to the Plaintiff,and condemned the
Defendant [and his bail] in costs.
(6.)Decree of Condemnation in a Slave Trade Action:
The Court having heard,etc.[as above] pronounced that the vessel,name
unknown [or as the case may be],seized by H.M.S. 'Torch' on the day
of 1,had been,at the time of her seizure,engaged in or
fitted out for the slave trade in contravention of the Treaties existing between
Great Britain and [or in violation of the Acts 5 Geo.4c.113
and 36 and 37 Vict. c. 88, or as the case may be],and it condemned the said
vessel [together with the slaves,goods,and effects on board thereof]as
forfeited to Her Majesty [or condemned the said vessel and slaves as foefeited,
etc., but ordered that the cargo should be restored to the claimant,or as the
case may be].
The Court further ordered that the said slaves[or the slaves then surviving],
consisting of men,women,boys,and girls, should be delivered over to [state to whom or how the slaves are to be dis-
of].
If the vessel has been brought into port,add-
The Court further ordered that the tonnage of the vessel should be
ascertained by the rule in force for the admeasurement of British vessels,and
that the vessel should be broken up,and that the materials thereof should
be publicly sold in separate parts,together with her cargo [if any];
or
If the vessel has been abandoned or destroyed by the seizors prior to the
adjudication,and the Court is satisfied that the abandonment or destruction
was justifiable,add
The Court further declared that,after full consideration by the Court of
the circumstances of the case,the seizors had satisfied the Court that the
abandonment [or destruction] of the vessel was inevitable or otherwise under
the circumstances proper and justifiable.
(7.)Decree of Restitution in a Slave Trade Action:
The Court having heard,etc.[as above] pronounced that it had not been
proved that the Vessel was engaged in or fitted out for the slave
trade,and ordered that the said vessel should be restored to the claimant,
together with the goods and effects on board thereof;
add,as the case may be,
but without costs or damages,
or
on payment by the said claimant of the costs incurred by the seizors in this
action;
or
and awarded to the said claimant costs and damages in respect of the deten-
tion of the said vessel,and [referred the same to the Registrar assisted by
merchants) to report the amount thereof,and]directed that all accounts and
vouchers,with the proofs in support thereof,if any,should be filed within
days.
(8.)Decree in case of Capture from Pirates:
The Court having heard,etc. [as above] pronounced that the said junk
'Tecumseh' [and her cargo] had been ,at the time of the capture thereof by
H.M.S. 'Torch,' the property of pirates,and condemned the same as a droit
and perquisite of Her Majesty in her Office of Admiralty;
or
promounced that the said junk 'Tecumseh' [and her cargo] had,prior to her
re-capture by H.M.S. 'Torch,' etc.. been captured by pirates from the
claimant [state name and description of former owner],and decreed that the
same should be restored to the said claimant as the lawful owner thereof,on
payment to the re-captors of [one-eight] part of the true value thereof in lieu of salvage.The Court also directed that the said junk [and her cargo] which
be appraised;
If the junk,etc.,has been captured after an engagement with the pirates,and
if there is a petition for bounty,add-
The Court further declared that the persons attacked or engaged be
H.M.S. 'Torch,' etc., on the occasion of the capture of the said junk was
pirates,that the total number of pirates so attacked or engaged was above
that of that number were captured,and that the
vessel engaged was H.M.S.'Torch' [or as the case may be].
(9.)Decree of Condemnation under Pacific Islanders Protectioo Acts:
The Court having heard,etc.[as above] pronounced that the Ship
had been,at the time of her seizure [or during the voyage on which she was
met],employed [or fitted out for employment] in violation of the Pacific
Islanders Protection Acts,1872 and 1875,and it condemned the said Ship
[and her cargo,and all goods and effects found on board,or as
the case may be,]as forfeited to Her Majesty.
The Court further ordered that the said Ship [and her cargo,
and the said goods and effects] should be sold by public auction,and that the
proceeds should be paid into Court.
(10.)Decree of Condemnation under Foreign Enlishment Act:
The Court having heard,etc.[as above]pronounced that the Ship
had been built[or equipped,commissioned,despatched,or used,as the case
may be] in violation of the Foreign Enlistment Act,1870,and condemned the
said Ship and her equipment [and the arms and munitions of war on
board thereof,or as the case may be] as forfeited to Her Majesty.
(11.)Decree of Condemnation under Custims or Revenue Acts:
The Court having heard ,etc. [as above] condemned the Ship
[or cargo or proceeds,etc., as the case may be] as forfeited to Her Majesty for
violation of the Act [state what Act].
(12.)Decree for Pecuniary Forfeiture or Penalty under Custims Act
or other Act or Ordinance.
The Court having heard,etc.[as above] pronounced the said goods to have
been landed [or other illegal act to have been done] in violation of the Act
[state what Act Ordinance] and condemned the Defendant C.D. [the owner
of the said goods,or as the case may be] in the penalty of $ imposal
by the said Act [or Ordinance][and in costs].
FORM No.53.
MINUTES IN AN ACTION FOR DAMAGE BY COLLISION.
A.B., etc.,
against
The Ship 'Mary.'
A writ of summons [and a warrant]was [or were] issued to
E.F. on behalf of A.B., etc., the owners of the ship 'Jane'
against the ship 'Mary' [and freight,or as the case may be] in
an action for damage by collision.Amount claimed $10,000.
G.H. filed notice of appearance on behalf of C.D., etc., the
owners of the ship 'Mary.'
E.F. filed writ of summons.
The Bailiff filed warrant.
G.H. filed bail bond to answer judgment as against the
Defendants [or as the case may be] in the sum of $10,000,with
affidavit of service of notice of bail.
A release of the ship 'Mary' was issued to G.H.
E.F. filed Preliminary Act[and notice of motion for pleadings].
G.H. filed Preliminary Act.
The Court having heard solicitors on both sides [or as the case
may be] ordered pleadings to be filed.
E.F. filed petition.
G.H. filed answer [and counterclaim].
E.F. filed reply.
The Court having hgeard solicitors on both sides [or as the case
may be ]ordered both Plaintiffs and Defendants to file affidavits
of discovery,and to produce,if required,for mutial inspection
the documents therein set forth,within three days.
E.F. filed affidavit of discovery.
G.H. filed affidavit of discovery.
E.F. filed notice of trial.
E.F. produced as witnesses pstate names of witnesses].who,
having heard sworn, were exmained orally in Court,the said [state
names] having been sworn and examined by interpretation of
[state name of interpreter] interpreter of the
language.Present [state names of assessors present,if any]
assessors.
G.H. produced as witnesses,etc., [as above].
The Court having heard [state whether Plaintiffs and Defendants,
or their counsel or solicitors,as the case may be],and having been
assisted by [state names and descriptions of assessors,if any],pro-
nounced in favour of the Plaintiffs [or Defendants] and condemned the Defendants[or Plaintiffs] and their bail [if bail has been
given] in the amount to be found due to the Plaintiffs [or
Defendants][and in costs].And the Court ordered that as
account should be taken,and referred the same to the Registrar
[assisted by merchants] to report the amount due,and ordered
that all accounts and vouchers,with the proofs in support thereof,
should be filed within days [or as the case may be].
E.F. filed statement of claim,with accounts and vouchers,
support thereof [numbered 1 to], and affidavits of [state
names of deponents,if any].
G.H. filed accounts and vouchers [numbered 1 to] or
answer to claim.
E.F. filed notice for hearing of reference.
E.F. [or G.H.] filed Registrar's report,etc.
Here insert address for service of Here insert address for service of
documents required to be served documents required to be served
on the Plaintiffs. on the Defendants.
Note.-The above minutes are given as such as might ordinarily be required in an action or
rem for damage by collision,where pleadings have been ordered.In some acitons
many of these minutes would be suprefluous.In other additional minutes would
be required.
II.FEES OF COURT AND ASSESSORS' FEES.
COURT FEES.
1.Sealing any warrant,release,commission,attachment,or other
instrument requiring to be sealed (other than a writ of
summons or subpoena).
2.Filing a bail bond
3.Order for reference
4.Filing Preliminary Act
5.Notice issued by Registrar
6.Bailiff attending unlivery of cargo (to be paid in cash) for each
day
7.Bailiff executing any commission of appraisement,or sale,or
appraisement and sale,exclusive of the fees,if any,paid to
the appraiser and auctioneer
8.Bailiff executing any other commission or instrument or any
warrant or attachment
9.On the gross proceeds of any ship or goods,etc., sold by order
of the Court (to be deducted from the proceeds in Court )if
not exceeding $1,000
10.For every additional $1,000 or part thereof
11.For every matter or proceeding not above specified the same fee as is
taken in the Original Jurisdiction in respect of a similar matter or
proceeding.
ASSESSORS' FEES.
1.For each nautical or other assessor,whether at the exami-
ation of witnesses,or at the trial of an action,or at the
hearing of an appeal,or upon any assessment of damages or
taking of an account,according to the case,per diem. } From
10.00
to
50.00
Note.-The above fees shall be paid to the Registrar for the assessors in cash and in
the first instance by the party preferring the claim or,in the case of an appeal,by the
appellant.
A.D. 1896. Ordinance No. 13 of 1896. Short title. Repeal of rules of Admiralty procedure for the Supreme Court and enactment of new rules. Schedule. Section 2. Interpretation of terms. Kinds of action. Action for condemnation of ship, etc. Number and title of action. Indorsement, teste, and form of writ. Indorsement in certain actions. Indorsement of address of plaintiff. Issue of writ. Amendment of writ. Mode of service in action in rem. Service where access cannot be obtained to property. Mode of service in action in personam. Mode of service on firm. Mode of service on corporation, etc. Mode of service in case of disability, etc. Tume for service, etc. Certificate of service. Filing of appearance. Appearance after time. Indorsement on appearance of set-off or counterclaim. Particulars of appearance. Joinder of parties having same interests. Power to order person interested to come in. Case of underwriter, etc. Terms in case of person coming in. Case for consolidation. Consolidation for trial, etc. Warrant for arrest of property and affidavit to lead warrant. Substance of affidavit. Particulars of affidavit in certain actions. Production of bottomry bond in action for bottomry. Issue of warrant notwithstanding certain defects. Preparation, etc., of warrant. Mode of service of warrant. Service on Sunday, etc. Filing of warrant. Certificate of service. Mode of giving bail. Preparation, etc., of bail bond. Signing by surety. Justifying by surety. Commission to take bail, etc. Commissioner not to be interested. Notice of bail to adverse party. Objection to surety. Issue of release by the Court. Cases in which release may be issued by Registrar. Release in case of arrest for salvage. Refusal of Registrar to issue release. Preparation, etc., of release. Mode of service of release. Release of property arrested. Filing of preliminary act in action for damage by collision, and particulars thereof. No pleadings without order. Time for pleading, if ordered. Pleading setoff or counterclaim. Form of pleading. Setting out document. Application to decide question of fact or of law. Amendment of pleading. Statement of question at issue in special case. Direction for special case, etc. Form of special case. Signing and filing of special case. Filing of notice of motion and affidavits. Form of notice of motion. Time before hearing for filing notice of motion. Hearing and order. Varying or rescinding order. Mode of making tender. Acceptance or rejection of tender. Suspension of proceedings pending acceptance or rejection. Taking of evidence by shorthand writer. Printing of pleadings and proofs. Printing of preliminary acts. Appointment of assessors. Fees of assessors. Mode of setting down. Setting down in case of non-appearance. Setting down in case of appearance. Taking of accounts. Notice of trial. Right to begin. Right to begin where several plaintiffs, etc. General course of proceedings. Hearing of counsel. Judgement where action uncontested. Reference for assessment of damages, etc. Proceedings on reference. Attendance of counsel. Report of result. Notice and filing of report. Motion to vary report. Order on hearing of motion. Confirmation of report. General rule as to costs. Barristers' and solicitors' costs. Half costs. Meaning of term 'sum in dispute.' Lump sum in lieu of costs. Order for bail for costs. Costs in case of tender. Filing of bill and notice of taxation. Proceeding with taxation. Application for review of taxation. Taxing authorities, etc. Costs of taxation in certain case. Order for appraisement or sale. Order for sale forthwith. Sale of property of small value. Removal of property, etc. Commission for appraisement, etc. Filing of commission with return. Payment into Court of proceeds of sale. Taxation of Bailiff's account. Application to review taxation. Inspection of property. Discontinuance by plaintiff and consequences thereof. Filing and effect of consent. Notice of motion for appeal. Service of notice. Calling in and fees of assessors. Powers and duties of the Full Court. Decision of the Full Court. Position of respondent as regards variation of decision. Time for appeal. Effect of appeal on proceedings. Filing of notice appeal and giving of bail for costs. Carrying decree into effect, notwithstanding appeal. 53 & 54 Vict.c. 27. Prosecution of appeal. Preparation of process. Contents and transmission of process. Mode of making payment. Completion of payment. Mode of making payment. Caveat to prevent arrest of property. Caveat to prevent release of property. Caveat to prevent payment of money out of Court. Caveat by person not party to action. Consequences of entry of caveat warrant. Consequences of entry of caveat release or caveat payment. Duration of caveat. Withdrawal and over-ruling of caveat. Order for payment to party entitled. Attachment for disobedience of order or contempt. Committal of person attached. Execution of instrument issued from the Court. Preparation and issue of instrument. Date of document. Time for service of document. Instructions for execution of instrument. Mode of giving notice from Registry. Mode of filing document. Filing of several documents. Certificate of service of copy upon adverse party. Keeping and particulars of Minute Book. Keeping of Caveat Books. Inspection of Minute and Caveat Books. Inspection of records of action. Restriction of right of inspection. Inspection of records of terminated action. Right to office copy of document. Use of Forms. Appendix. Table of Court fees. Appendix. Mode of payment of Court fees. Fees of assessors. Appendix. Allowance of fees on taxation. Half fees. Regulation of practice and procedure outside the Rules. See Ordinance No. 3 of 1901. Rule 163. Rule 4. Rule 4. Rule 4. Rule 5. Rule 5. Rule 5. Rule 5. Rule 6. Rule 6. Rule 6. Rule 6. Rule 17. Rule 21. Rule 21. Rule 28. Rule 33. Rule 37. Rule 39. Rule 39. Rule 44. Rule 45. Rule 45. Rule 45. Rule 50. Rule 57. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 112. Rule 117. Rule 118. Rule 118. Rule 128. Rule 138. Rule 136. Rule 136. Rule 137. Rule 137. Rule 138. Rule 138. Rule 143. Rule 144. Rule 145. Rule 146. Rule 146. Rule 153. Rule 156. Rule 156. Rule 156. Rule 156. Rule 164. Rule 166.