MARRIED WOMEN'S (DISPOSITION OF PROPERTY) ORDINANCE, 1885

ORDINANCE No. 5 OF 1885.

Married Women's (Disposition of Property)

AN ORDINANCE to make provision with respect to the Disposition
of Property by Married Women.

[20th May, 1885.]

BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Married Women's (Dispositin
of Property) Ordinance, 1885.

2. In this Ordinance

'Land' includes land, messuages, and tenements of any tenure
situate within the Colony and any undivided share thereof;

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

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

'The Chief Justice' means the Chief Justice of the Supreme Court;

'The Land Office' and 'the Land Officer' mean respectively the
Land Office and the Land Officer of this Colony.

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

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

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

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

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

7.-(1.) When a married woman acknowledges any such deed, the
commissioner taking such acknowledgment shall sign a memorandum to
be indorsed on, or written at the goot or in the margin of, such deed,
which memorandum shall be to the following effect, namely,-

'This deed marked [here add some letter or other mark for the purpose
of identification] was this day produced before me and acknowledged by
therein named, to be her act and deed, previous to which
acknowledgment the said was examined by me separately
the said deed and her consent thereto, and declared the same to be freely
and voluntarily executed by her.'

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

'This is to certify that on the day of ,1 ,
before me, the undersigned A.B., a commissioner appointed for the
Colony of Hongkong for taking the acknowledgments of deeds by
married woman pursuant to the Married Women's (Disposition of
Property) Ordinance, 1885, appeared personally the
wife of and produced a certain indenture marked
[here add the mark] bearing date the day of ,
I , and made between [insert the names of the parties] and acknowledged
the same to be her act and deed; and I do hereby certify that the
said was, at the time of her acknowledging the said
deed, of apparent full age and competent understanding, and that she
was examined by me apart from her husband touching her knowledge
of the contents of the said deed, and that she freely and voluntarily
consented to the same.'

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

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

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

11. If a husband is, in consequence of unsound mind or from any
other cause, incapable of executing a deed, or if his residence is not
known, or he is in prison, or is living apart from his wife, either by
mutual consent, or by sentence of divorce, or from any other cause whatsoever,
the Chief Justice may, by an order to be made in a summary
way on the application of the wife and on such evidence as to him may
seem meet, dispense with the concurrence of the husband in any case in
which his concurrence is required by this Ordinance or otherwise; and
all acts and deeds to be done, executed, or made by the wife in pursuance
of such order, in regard to any land or in regard to money subject to be
invested in the purchase of land, shall be as good and valid as they would
have been if the husband had concurred, but without prejudice to the
rights of the husband as then existing independently of this Ordinance.
A.D. 1885. Ordinance No. 12 of 1885. Short title. Interpretation of terms. 3 & 4 Will. 4 c. 74 s. 1. Right of married woman with her husband's concurrence by deed acknowledged, to dispose of land. Ib.ss.77, 78. Acknowledgment of deed by married woman. Ib.s.79. Examination of married woman apart from her husband. 3 & 4 Will. 4 c 71 s. 80 Appointment of commissioners to take acknowledgements. Ib.s. 81. Signing of memorandum or deed by commissioner taking acknowledgement. Ib.s.81. Filing of certificate to be lodged in Land Office. 3 & 4 Will. 4 c. 74 s. 85. Deed to take effect from time to acknowledgment. Ib.s.86.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.

A.D. 1885. Ordinance No. 12 of 1885. Short title. Interpretation of terms. 3 & 4 Will. 4 c. 74 s. 1. Right of married woman with her husband's concurrence by deed acknowledged, to dispose of land. Ib.ss.77, 78. Acknowledgment of deed by married woman. Ib.s.79. Examination of married woman apart from her husband. 3 & 4 Will. 4 c 71 s. 80 Appointment of commissioners to take acknowledgements. Ib.s. 81. Signing of memorandum or deed by commissioner taking acknowledgement. Ib.s.81. Filing of certificate to be lodged in Land Office. 3 & 4 Will. 4 c. 74 s. 85. Deed to take effect from time to acknowledgment. Ib.s.86.
Use of copy of certificate as evidence. Ib.s.88.
Cases in which husband's concurrence may be dispensed with. Ib.s.91.

https://oelawhk.lib.hku.hk/items/show/612

VICAR APOSTOLIC OF THE ROMAN CATHOLIC CHURCH INCORPORATION ORDINANCE, 1885

ORDINANCE No. 4 OF 1885.

Vicar Apostolic of the Roman Catholic Church Incorporation

AN ORDINANCE for the Incorporation of the Vicar Apostolic of
the Roman Catholic Church in this Colony.

[15th May, 1885.]

BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Vicar Apostolic of the Roman
Catholic Church Incorporation Ordinance, 1885.

2. The Right Reverend John Timoleone Raimondi, the Roman Catholic
Titular Bishop of Acantho and holding the ecclesiastical appointment
of Vicar Apostolic of the Roman Catholic Church in this Colony, and
his successors holding the said appointment, or the Roman Catholic dignitary
for the time being having the supreme ecclesiastical jurisdiction
in this Colony in the Roman Catholic Church, shall be a body corporate,
and shall, for the purposes of this Ordinance, have the name of 'The
Vicar Apostolic of the Roman Catholic Church in Hongkong,' and by
that name shall have perpetual succession, and shall and may sue and be
sued in all Courts of Justice and before all Magistrates in this Colony,
and shall and may have and use a common seal, and the said seal may
from time to time break, change, alter, and make anew as to the said
corporation may seem fit, and the said corporation shall have full power
to acquire, purchase, take, hold, and enjoy, for the use of the Roman Catholic Church in this Colony, all lands, messuages, and tenements of
what nature or kind soever for a life or lives or for a term of years, and
also all manner of goods and chattels whatsoever, and the said corporation
is hereby futher empowered from time to time, by deed under its
seal, to mortgage, sell, or demise, grant, convey, or otehrwise dispose of
any lands, buildings, messuages, and tenements buy this Ordinance vested
or that may hereafter be vested in the said corporation, upon such terms
as the said corporation may see fit: Provided always that no lands, buildings,
messuages, or tenements acquired with public money or granted
by the Government of this Colony for any special purpose previous to
the commencement of this Ordinance shall be disposed of without the
consent of the Governor for the time being in Council.

3. The lands, buildings, messuages, and tenements in this Colony at
the commencement of this Ordinance vested or purporting to be vested
in the Sacred Congregation of the Propagation of the Faith, or in the
said Right Reverend John Timoleone Ramioadi in his own right or as
trustee for or procurator of the said Sacred Congregation, or in the name
of the late Very Reverend Don Luigi Ambrosi as such procurator, or in
any other perosn or persons as procurator or agent or as trustee or trustees
for the said Sacred Congregation, and all moneys, securities for
money, goods, chattels, and effects whatsoever, the property of the said
Sacred Congregation, or standing in the name of the said Congregation,
or purporting so to be, are hereby transferred to and vested in the said
and tenements, to the payment of the rents and the observance and
performance of all the convenants, conditions, and reservations contained in
the Crown leases or under-leases or mortgages under which the said
lands, buildings, messuages, and tenements are now or may hereafter be
resepctively held.

4. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, her heirs or successors, or of any bodies
politic or corporate or other person or persons, except such as are mentioned
in this Ordinance and those claiming by, from, or under them.
A.D. 1885. Ordinance No. 10 of 1885.
Short title.
Incorporation of Vicar Apostolie of Roman Catholic Church in the Colony. Vesting in corporation of lands, etc., now vested in the Sacred congregation of the Propagation of the Faith and others.

Saving of rights of the Crown, etc.

A.D. 1885. Ordinance No. 10 of 1885.
Short title.
Incorporation of Vicar Apostolie of Roman Catholic Church in the Colony. Vesting in corporation of lands, etc., now vested in the Sacred congregation of the Propagation of the Faith and others.

Saving of rights of the Crown, etc.

https://oelawhk.lib.hku.hk/items/show/611

BILLS OF EXCHANGE ORDINANCE, 1885

ORDINANCE No. 3 OF 1885.

Bills of Exchange

AN ORDINANCE to codify the Law relating to Bills of Exchange,
Cheques, and Promissory Notes. [4th May, 1885.]
BE it enacted by the Goivernor of Hongkon, with the advice of the
Legislative Council thereof, as follows:-
Preliminary Provisions.
1. This Ordinance may be cited as the Bills of Exchange Ordinance,
1885.
2. In this Ordinance, unless the context otherwise requires,-
'Acceptance' means an acceptance completed by delivery or
notification:
'Action' means action or suit and in cludes counterclaim and set-off:
'Banker' includes a body of persons, whether incorporated or not,
who carry on the business of banking:
'Bankrupt' includes any person whose estate is vested in a trustee
or assignee under the law for the time being in force relating to
bankruptey:
'Bearer' means the person in possession of a bill or note which is
payable to bearer:
'Bill' means bill of exchange, and 'note' means promissory
note:
'Delivery' means trandsfer of possession, actual or constructive,
from one person to another:
'Holder' means the payee or indorsee of a bill or note who is in
possession of it, or the bearer thereof:
'Indorsement' means an indorsement completed by delivery:
'Issure' means the first delivery of a bill or note, complete in form,





to a person who takes it as a holder:
'Person' includes a body of persons, whether incorporated or not:
'Value' means valuable condsideration:
'Written' includes printed and 'writing' includes print.
PART I.
BILLS OF EXCHANGE.
Form and Interpretation.
3.-(1.) A bill of exchange is an unconditional order in writing,
addressed by one person to another, signed by the person giving it,
requiring the person to whom it is addressed to pay on demand or at a
fixed or determinable future time a sum certain in money to, or to the
order of, a specified person or to bearer.
(2.) An instrument which does not comply with these conditions, or
which orders any act to be done in addition to the payment of money,
is not a bill of exchange.
(3.) An order to pay out of a particular fund is not unconditional
within the meaning of this section; but an unqualified order to apy,
coupled with-
(a.) an indication of a particular fund out of which the drawee is
to re-imburse himself or particular account to be debited with
the amount; or
(b.) a statement of the transaction which gives rise to the bill,
is unconditional.
(4.) A bill is not invalid by reason-
(a.) that it is not dated;
(b.) that it does not specify the value given or that any value has
been give therefor;
(c.) that it does not specify the place where it is drawn or the place
where it is payable.
4.-(1.) An inland bill is a bill which is, or on the face of it purports
to be,-
(a.) both drawn and payable within this Colony; or
(b.) drawn within this Colony, upon some person resident therein.
(2.) Any other bill is a foreign bill.
(3.) Unless the contrary appears on the face of the bill, the holder
may treat it as an inland bill.
5.-(1.) A bill may be drawn payable to, or to the order of, the
drawer; or it may be drawn payable to, or to the order of, the drawee.
(2.) Where, in a bill, drawer and drawee are the same person, or where
the drawee is a fictitious person or a person not having capacity to

contract, the holder may treat the instrument, at his option, either as a
bill of exchange or as a promissory note.
6.-(1.) The drawee must be named or other wise indicated in a bill
with reasonable certainty.
(2.) A bill may be addressed to two or more drawees, whether they
are partners or not, but an order addressed to two drawees in the alter-
native, or to two or more drawees in succession, is not a bill of exchange.
7.-(1.) Where a bill is not payable to bearer, the payee must be
named or otherwise indicated therein with reasonable certainty.
(2.) A bill may be made payable to two or more payees jointly, or it
may be made payable in the alternative to one of two or one or some of
several payees. A bill may also be made payable to the holder of an
office for the time being.
(3.) Where the payee is a fictitious or non-existing person, the bill
may be treated a payable to bearer.
8.-(1.) Where a bill contains words prohibiting transfer, or indicat-
ing an intention that it should not be transferable, it is valid as between
the parties thereto, but is not negotiable.
(2.) A negotiable bill may be payable either to order or to bearer.
(3.) A bill is payable to bearer which is expressed to be so payable,
or on which the only or last indorsement is an indorsement in blank.
(4.) A bill is payable to order which is expressed to be so payable, or
which is expressed to be payable to a particular person, and does not
contain words prohibiting transfer or indicating an intention that it
should not be transferable.
(5.) Where a bill, either originally or by indorsement, is expressed
to be payable to the order of a specified person, and not to him or his
order, it is nevertheless payable to him or his order at his option.
9.-(1.) the sum payable by a bill is a sum certain within hte mean-
ing of this Ordinance, although it is required to be paid-
(a.) with interest;
(b.) by stated instalments;
(c.) by stated instalments, with a provision that, upon default in
payment of any instalment, the whole shall become due;
(d.) according to an indicated rate of exchange or according to a
rate of exchange to be ascertained as directed by the bill.
(2.) Where the sum payable is expressed in words and also in figures,
and there is a discrepancy between the two, the sum denoted by the
words is the amount payable.
(3.) Where a bill is expressed to be payable with interest, unless the
instrument otherwise provides, interest runs from the date of the bill,







and, if the bill is undated, from the issue thereof.
10.-(1.) A bill is payable on demand-
(a.) which is expressed to be payable on demand, or at sight, or
on presentation; or
(b.) in which no time for payment is expressed.
(2.) Where a bill is accepted or indorsed when it is overdue, it shall,
as regards the acceptor who so accepts or any indorser who so indorses
it, be deemed a bill payable on demand.
11.-(1.) A bill is payable at a determinable future time within the
meaning of this Ordinance which is expressed to be payable-
(a.) at a fixed period after date or sight;
(b.) on or at a fixed period after the occurrence of a specified event
which is certain to happen, though the time of happening may be uncertain.
(2.) An instrument expressed to be payable on a contingency is not
a bill, and the happening of the event does not cure the defect.
12. Where a bill expressed to be payable at a fixed period after date
is issued undated, or where the acceptance of a bill payable at a fixed
period after sight is undated, any holder may insert therein the true
date of issue or acceptance, and the bill shall be payable accordingly:
Provided that-
(1.) where the holder in good faith and by mistake inserts a wrong
date; and
(2.) in every case wher a wrong date is inserted,
if the bill subsequently comes into the hands of a holder in due course,
the bill shall not be avoided thereby, but shall operate and be payable
as if the date so inserted had been the true date.
13.-(1.) Where a bill or an acceptance or any indorsement on a bill
is dated, the date shall, unless the contrary is proved, be deemed to be
the true date of the drawing, acceptance, or indorsement, as the case
may be.
(2.) A bill is not invalid by reason only that it is ante-dated or post-
dated, or that it bears date on s Sunday.
14. Where a bill is not payable on demand, the day on which it falls
due is determined as follows:-
(1.) three days, called days of grace, are, in every case where the bill
itself does not otherwise provide, added to the time of payment as
fixed by the bill, and the bill is due and payable on the last day of
grace: Provided that-
(a.) when the last day of grace falls on Sunday, Christmas Day,
Good Friday, or a day appointed by proclamation in The





Gazette as a public fast or thanksgiving day, the bill is, except
in the case hereinafter provided for, due and payable on the
preceding business day; and
(b.)when the last day of grace is a bank holiday (other than
Christmas Day or Good Friday), or when the last day of grace
is a Sunday and the second day of grace is a bank holiday, the
bill is due and payable on the succeeding business day;
(2.) where a bill is payable at a fixed period after date, after sight,
or after the happening of a specified event, the time of payment is
determined by excluding the day from which the time is to begin
to run and by including the day of payment;
(3.) where a bill is payable at a fixed period after sight, the time
begins to run from the date of the acceptance if the bill is accept-
ed, and from the date of noting or protest if the bill is noted or
protested for non-acceptance or for non-delivery;
(4.) the term 'month' in a bill means calendar month.
15. The drawer of a bill and any indorser may insert therein the
name of a person to whom the holder may resort in case of need, that is
to say, in case the bill is dishonoured by non-acceptance or non-payment.
Such person is called the referee in case of need. It is in he option of
the holder to resort to the referee in case of need or not, as he may think fit.
16. The drawer of a bill and any indorser may insert therein an
express stipulation-
(1.) negativing or limiting his own liablity to the holder;
(2.) waiving, as regards himself, some or all of the holder's duties.
17.-(1.) The acceptance of a bill is the signification by the drawee
of his assent to the order of the drawer.
(2.) An acceptance is invalid unless it complies with the following
conditions, namely,-
(a.) it must be written on the bill and be signed by the drawee.
The mere signature of the drawee without additional words is sufficient;
(b.) it must not express that the drawee will perform his promise
by any other means than the payment of money.
18. A bill may be accepted-
(1.) before it has been signed by the drawer, or while otherwise in-
complete;
(2.) when it is overdue, or after it has been dishonoured by a previous
reusal to accept or by non-payment;
(3.) when a bill payable after sight is dishonoured by non-acceptance,

and the drawee subsequently accepts it, the holder, in the absence
of any different agreement, is entitled to have the bill accepted as
of the date of first presentment to the drawee for acceptance.
19.-(1.) An acceptance is either-
(a.) general; or
(b.) qualified.
(2.) A general acceptance assents without qulification to the order
of the drawer. A qualified acceptance in express terms varies the effect
of the bill as drawn.
(3.) In particular, an acceptance is qualified which is-
(a.) conditional, that is to say, which makjes payment by the ac-
ceptor dependent on the fulfilment of a condition therein stated;
(b.) partial, that is to say, an acceptance to pay part only of the
amount for which the bill is drawn;
(c.) local, that is to say, an acceptance to pay only at a particular
specified place: an acceptance to pay at a particular place is a
general acceptance, unless it expressly states that the bill is to
be paid there only and not elsewhere;
(d.) qualified as to time;
(e.) the acceptance of some one or more of the drawees, but not of
all.
20.-(1.) Where a simple signature on a blank stamped paper is de-
livered by the signer in order that it may be converted into a bill, it
operates as a prima facie authority to fill it up as a complete bill for any
amound the stamp will cover, using the signature for that of the drawer,
or the acceptor, or an indorser; and, in like manner, when a bill is want-
ing in any material particular, the person in possession of it has a prima
facie authority to fill up the omission in any way he thinks fit.
(2.) in order that any such instrument, when completed, may be en-
forceable against anyu person who became a party thereto prior to its
completion, it must be filled up wihtin a reasonable time and strictly
in accordance with the authority given. Reasonable time for this pur-
pose is a question of fact:
Provided that if any such instrument after completion is negotiated
to a holder in due course, it shall be valid and effectual for all purposes
in his hands, and he may enforce it as if it had been filled up within a
reasonable time and strictly in accordance with the authority given.
21.-(1.) Every contract on a bill, whether it is the drawer's, the
accetpor's, or an indorser's, is incomplete and revocable, until delivery
of the instrument in order to give effect thereto:
Provided that where an acceptance is written on a bill, and the
drawee gives notice to or according to the directions of the person enti-





tled to the bill that he has accepted it, the acceptance then becomes
complete and irrevocable.
(2.) As between immediate parties, and as regards a remote party
other than a holder in due course, the delivery-
(a.) in order to be effectual, must be made either by or under the
authority of the party drawing, accepting, or indorsing, as the ease may be;
(b.) may be shown to have been conditional or for a special pur-
pose only, and not for the purpose of transferring the property
in the bill:
but if the bil is in the hands of a holder in due course, a valid delvery
of the bill by all parties prior to him, so as to make them liable to him,
is conclusively presumed.
(3.) Where a bill is no longer in the possession of a party who has
signed it as drawer, acceptor, or indorser, a valid and unconditional de-
livery by him is presumed until the contrary is proved.
Capacity and Authority of Parties.
22.-(1.) Capacity to incur liability as a party to a bill is co-extensive
with
capacity to contract:
Provided that nothing in this section shall enable a corporation to
make itself liable as drawer, acceptor, or indorser of a bill unless it is
competent to it to do so under the law for the time being in force relat=
ing to corporations.
(2.) Where a bill is drawn or indorsed by an infant, minor, or corpo-
ration having no capacity or power to incur liability on a bill, the
drawing or indorsement entitles the holder to receive payment of the
bill, and to enforce it against any other party thereto.
23. No person is liable as drawer, indorser, or acceptor of a bill who
has not signed it as such: Provided that
(1.) where a person signs a bill in a trade or assumed name, he is
liable thereon as if he had signed it in his own name;
(2.) the signature of the name of a firm is equifalent to the signature
by the person so signing of the names of all persons liable as part-
ners in that firm.
24. Subject to the provisions of this ordinance, where a signature on
a bill is forged or placed thereon without the authority of the person
whose signature it purports to be, the forged or unauthorized signature
is wholly inoperative, and no right to retain the bill, or to give a dis-
charge therefor, or to enforce payment thereof against any party thereto
can be acquired through or under that signature, unless the party
against whom it is sought to retain or enforce payment of the bill is
precluded from setting up the forgery or want of authority:
Provided that nothing in this section shall affect the ratification of an
unauthorized signature not amounting to a forgery.
25. A signature by procuration operates as notice that the agent has
but a limited authority to sign, and the principal is only bound by such
signature if the agent in so signing was acting within the actual limits
of his authoority.
26.-(1.) Where a person signs a bill as drawer, indorser, or accept-
or, and adds words to his signature, indicating that he signs for or on
behalf of a principal or in a representative character, he is not person-
ally liable thereon; but the mere addition to his signature of words
describing him as an agent, or as filling a representative character, does
not exempt him from personal liability.
(2.) In determining whether a signature on a bill is that of the prin-
cipal or that of the agent by whose hand it is written, the construction
most favourable to the validity of the instrument shall be adopted.
Consideration for Bill.
27.-(1.) Valuable consideration for a bill may be constituted by-
(a.) any consideration sufficient to support a simple contract:
(b.) an antecedent debt or liability. Such a debt or liability is
deemed valuable consideration whether the bill is payable on
demand or at a future time.
(2.) Where value has at any time been given for a bill, the holder is
deemed to be a holder for value as regards the acceptor and all parties
to the bill who become parties prior to such time.
(3.) Where the holder of a bill has a lien on it, arising either from
contract or by implication of law, he is deemed to be holder for value
to the extent of the sum for which he has a lien.
28.-(1.) An accommodation party to a bill is a person who has
signed a bill as drawer, acceptor, or indorser, without receiving value
therefor, and for the purpose of lending his name to some other person.
(2.) An accommodation pary is liable on the bill to a holder for
value; and it is immaterial whether, when such holder took the bill, he
knew such party to be an accommodation party or not.
29.-(1.) A holder in due course is a holder who has taken a bill,
complet and regular on the face of it, under the following conditions,
namely,-
(a.) that he became the holder of it before it was overdue, and
without notice that it had been previously dishonoured, if such
was the fact;

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

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

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

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

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

Negotiation of Bill.

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

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

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

(4.) Where the holder of a bill payable to his order transfers it for
value without indorsing it, the transfer gives the transferee such title as
the transferor has in the bill, and the transferee in addition acquires the
right to leave the indorsement of the transferor.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2.) A restrictive indorsement gives the indorsee the right to receive
payment of the bill and to sue any party thereto that his indorser could
have sued, but gives him on power to transfer his rights as indorsee,
unless it expressly authorizes him to do so.

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

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

(a.) restrictively indorsed; or

(b.) discharged by payment or otherwise.

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

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

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

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

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

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

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

(3.) where his title is defective,

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

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

General Duties of the Holders.

39.-(1.) Where a bill is payable after sight, presentment for acceptance
is necessary in order to fix the maturity of the instrument.
(2.) Where a bill expressly stipulates that it shall be presented for
acceptance, or where a bill is drawn payable elsewhere than at the place
of business or residence of the drawee, it must be presented for acceptance
before it can be presented for payment.

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

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

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

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

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

41.-(1.) A bill is duly present for acceptance which is presented
in accordance with the following rules:-

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

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

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

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

(e.) where authorized by agreement or usage, a presentment
throught the Post Office is sufficient.

(2.) Presentment in accordance with these rules is execused, and a bill
may be treated as dishonoured by non-acceptance,-

(a.) where the drawee is dead or bankrupt, or is a fictitions person
or a person not haing capacity to contract by bill;

(b.) where, after the exercise of reasonable diligence, such presentment
cannot be effected;
(c.) where, although the presentment has been irregular, acceptance
has been refused on some other ground.

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

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

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

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

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

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

44.-(1.) The holder of a bill may refuse to take a qualified acceptance,
and, if he does not obtain and unqualified acceptance, may treat the
bill as dishonoured by non-acceptance.

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

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

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

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

(2.) where the bill is payable on demand, then, subject to the provisions
of this Ordinance, presentment must be made within a reasonable
time after its issue in order to reader the drawer liable,
and within a reasonable time after its indorsement, in order to
render the indorser liable. In determining what is a reasonable
time, regard shall be had to the nature of the bill, the usage of
trade with respect to similar bills, and the facts of the particular
case;

(3.) presentment must be made by the holder, or by some person
authorized to receive payment on his behalf, at a reasonable hour
on a business day, at the proper place as hereinafter defined, either
to the person designated by the bill as payer or to some person
authorized to pay or refuse payment on his behalf, if, with the
exercise or reasonable diligence, such person can there be found;

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

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

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

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

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

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

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

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

(8.) where authorized by agreement or usage, a presentment through
the Post Office is sufficient.

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

(2.) Presentment for payment is dispensed with-

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

(b.) where the drawee is a fititious person;

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

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

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

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

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

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

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

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

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

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

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

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

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

(3.) where the notice is given by or on behalf of the holder, it enures
for the benefit of all subsequent holders and all prior indorsers
who have a right of recourse against the party to whom it is given:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2.) Notice of dishonour is dispensed with-

(a.) where, after the exercise of reasonable diligence, notice, as
required by this Ordinance, cannot be given to or does not reach
the drawer or indorser sought to be charged;

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

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

(i.) where drawer and drawee are the same person;
(ii.) where the drawee is a fictitious person or a person not
having capacity to contract;
(iii.) where the drawer is the person to whom the bill is presented
for payment;
(iv.) where the drawer is the person to whom the bill is presented
for payment;
(v.) where the drawer has countermanded payment;

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

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

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

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

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

(2.) Where a foreign bill, appearing on the face of it to be such, has

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

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

(4.) Subject to the provisions of this Ordinance, when a bill is noted
or protested, it must be noted on the day of its dishonour. When a bill
has been duly noted, the protest may be subsequently extended as of the
date of the noting.

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

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

(a.) when a bill is presented through the Post Office, and returned
by post dishonoured, it may be protested at the place to which
it is returned and on the day of its return, if received during
business hours, and, if not received during business hours, then
not later than the next business day;

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

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

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

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

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

(9.) Protest is dispensed with by any circumstance which would dispense
with notice of dishonour. Delay in noting or protesting is excused
when the delay is caused by circumstance beyond the control of the
holder, and not imputable to his default, misconduct, or negligence.
When the cause of delay ceases to operate, the bill must be noted or
protested with reasonable diligence.
52.-(1.) When a bill is accepted generally, presentment for payment
is not necessary in order to render the acceptor liable.

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

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

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

Liabilities of Parties.

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

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

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

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

(a.) the existence of the drawer, the genuiness of his signature,
and his capacity and authority to draw the bill

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

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

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

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

(b.) is precluded from denying to a holder in due course the existence of the
payee and his then capacity to indorse.

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

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

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

(c.) is precluded from denying to his immediate or a subsequent
indorsee that the bill was, at the time of this indorsement, a valid
and subsisting bill, and that he had then a good title thereto.

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

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

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

(a.) the amount of the bill;

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

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

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

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

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

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

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

Discharge of Bill.

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

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

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

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

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

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

61. When the acceptor of a bill is or become the holder of it at or
after it maturity in his own right, the bill is discharged.

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

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

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

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

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

(2.) In particular, the following alterations are material, namely, any
alteration of the date, the sum payable, the time of payment, the place
of payment, and, where a bill has been accetped generally, the addition
of a place of payment without the acceptor's assent.

Acceptance and Payment for Honour.

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

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

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

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

(b) be signed by the acceptor for honour.

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

(5.) Where a bill payable after sight is accepted for honour, its
maturity is calculated from the date of the noting for non-acceptance,
and not from the date of the acceptance for honour.
66.-(1.) The acceptor for honour of a bill, by accepting it, engages
that he will, on due presentment, pay the bill according to the tenor of
his acceptance, if it is not paid by the drawee, provided it haw been duly
presented for payment and protested for non-payment, and that he
receives notice of these facts.

(2.) the acceptor for honour is liable to the holder and to all parties
to the bill subsequent to the party for whose honour he has accepted.

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

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

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

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

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

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

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

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

(5.) Where a bill has been paid for honour, all parties subsequent to
the party for whose honour it is paid and discharge, but the payer for
honour is subrogated for, and succeeds to both the rights and duties of,
the holder as regards the party for whose honour he pays and all parties
liable to that party. (6.) the payer for honour, on paying to the holder the amount of the
bill and the notarial expenses incidental to its dishonour, is entitled to
receive both the bill itself and the protest. If the holder does not on
demand deliver them up, he shall be liable to the payer for honour in
damages.

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

Last Instrument.

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

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

70. In any action or proceeding upon a bill, the Court or a Judge
may order that the loss of the instrument shall not be set up, provided
an indemnity be given, to the satisfaction of the Court or Judge, against
the claims of any other person upon the instrument in question.

Bill in a Set.

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

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

(3.) Where two or more parts of a set are negotiated to different
holders in due course, the holder whoses title first accrues is, as between
such holders, deemed the true owner of the bill; but nothing in this subsection
shall affect the rights of a person who in due course accepts or
pays the part first presented to him.

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

(5.) When the acceptor of a bill drawn in a set pays it without requiring
the part bearing his outstanding in the hands of a holder in due
course, he is liable to the holder thereof.
(6.) Subject to the preceding rules, where any one part of a bill
drawn in set is discharged by payment or otherwise, the whole bill is
discharged.

Conflict of Laws.

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

(1.) the validity of a bill, as regards requisites in form, is determined
by the law of the place of issue, and the validity, as regards
requisites in form, of the supervening contracts, such as acceptances
or indorsement or acceptance supra protect, is determined by the
law of the place where such contract was made: Provided that-

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

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

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

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

(4.) where a bill is drawn out of but payable in this Colony and the
sum payable is not expressed in the currency of this Colony,
the amount shall, in the absence of some express stipulation, be
calculated according to the rate of exchange for sight drafts at the
place of payment on the day the bill is payable; and

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

PART II.

CHEQUES ON A BANKER.

73.-(1.) A cheque is a bill of exchange drawn on a banker payable
on demand. (2.) Except as otherwise provided in this Part, the provisions this
Ordinance applicabel to a bill of exchange payable on demand apply to
a cheque.

74. Subject to the provisions of this Ordinance,
(1.) where a cheque is not presented for payment within a reasonable
time of its issue, and the drawer or the person on whose account
it is drawn had the right, at the time of such presentment, as between
hime and the banker, to have the cheque paid and suffers
ctual damage through the delay, he is discharged to the extent of
such damage, that is to say, to the extent to which such drawer or
person is a creditor of such banker to a larger amount than he
would have been had such cheque been paid;

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

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

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

(1.) countermand of payment;
(2.) notice of the customer's death.

Crossed Cheques.

76.-(1.) Where a cheque bears accross its face an addition of-
(a.) the words 'and company', or any abbreviation thereor, between two
parallel transverse line, either with or without the
words 'not negotiable'; or

(b.) two parallel transverse line simply, either with or without the
words 'not negotiable',

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

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

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

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

(3.) Where a cheque is crossed generally, the holder may cross it
specially. (4.)Where a cheque is crossed generally or specially, the holder may
add the words 'not negotiable'.
(5.)Where a cheque is crossed specially, the banker to whom it is
crossed may again cross it specially to another banker for collection.
(6.)Where an uncrossed cheque, or a cheuque crossed generally, is
sent to a banker for collection, he may cross it specially to himself.

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

79.-(1.) Where a cheque is crossed specially to more than one banker,
except when crossed to an agent for collection being a banker,the
banker on whom it is drawn shall refuse payment thereof.
(2.)Where the banker on whom a cheque is drawn which is so crossed
nevertheless pays the same, or pays a cheque crossed generally otherwise
than to a banker,or. if crossed specially, otherwise than to the banker to
whom it is crossed or his agent for any loss he may sustain owing to
the cheque having been so paid.
Provided that where a cheque is presented for payment which does
not, at the time of presentment, appear to be crossed, or to have had a
crossing which has been obliterated, or to have been added to or altered
otherwise than as authorized by this Ordinance, the banker paying the
cheque in good faith and without negligence, shall not be responsible or
ineur any liability, nor shall the payment be questioned by reason of the
cheque having been added to or altered otherwise than as authorized by this
Ordinance, and of payment having been made otherwise than to a banker,
or to the banker to whom the cheque is or was crossed,or to his
agent for collection being a banker,as the case may be.

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

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

82.Where a banker, in good faith and without negligence, receives

payment for a customer of a cheque crossed generally or specially to
himself, and the customer has on title or a defective title thereto, the
banker shall not incur any liability to the true owner of the cheque by
reason only of having received such payment.

PART III.

PROMISSORY NOTES.

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

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

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

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

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

85.-(1.) A promissory note may be made by two or more makers,
and they may be liable thereon jointly, or jointly and severally, according
to its tenor.

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

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

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

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

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

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

88. The maker of a promissory note, by making it,-

(1.) engages that he will pay it according to its tenor;

(2.) is precluded from denying to a holder in due course the existence
of the payee and his then capacity to indorse.

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

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

(3.) The following provisions as to bills do not apply to notes, namely,
provisions relating to

(a.) presentment for acceptance;

(b.) acceptance;

(c.) acceptance supra protest;

(d.) bills in a set.

(4.) Where a foreign note is dishonoured, protest thereof is unnecessary.

PART IV.

SUPPLEMENTARY PROVISIONS.

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

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

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

(3.) But nothing in this section shall be construed as requiring the bill
or note of a corporation to be under seal.
92.-(1.) Where by this Ordinance the time limited for doning any
act or thing is less than three days, in reckoning time, non-business days
are excluded.

(2.) 'Non-business days', for the purposes of this Ordinance, mean
Sundays and public holidays and bank holidays, within the meaning of
these terms as used in the Holidays Ordinance, 1875.

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

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

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

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

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

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

(3.) Nothing in this Oridnance shall affect-

(a.) the provisions of any Stamp Ordinance for the time being in
force or any law or enactment for the time being in force relating
to the revenue; or

(b.) the provisions of the Companies Ordinance, 1865, or any Ordinances
amending it, or any Ordinance relating to joint stock
banks or companies; or

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

FORM OF PROTEST WHICH MAY BE USED WHENT HE SERVICES OF A

NOTARY CANNOT BE OBTAINED.

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

Dated the day of , I .

(Signed.)

A.B.
G.H. } Witnesses.
J.K.

N.B.-The bill itself should be annexed, or a copy of the bill and all that
is written thereon should be underwritten.
A.D. 1885. Ordinance NO. 9 of 1885. 45 & 46 Vict. 61.
Short title.
Interpretation of terms.
See Ordinance No. 7 of 1891. Definition of bill of exchange. Inland and foreign bills. Effect where different parties to bill are the same person. Address to drawee. Certainty required as to payee. What bills are negotiable. Sum payable. Bill payable on demand. Bill payable at future time. Omission of date in bill payable after date. Ante-dating and post-dating. Computation of time of payment. Referee in case of need. Optional stipulations by drawer or indorser. Definition and requisties of acceptance. Time for acceptance. General and qualified acceptances. Inchoate instruments. Delivery. Capacity of parties. Signature essential to liability. Forged or unauthorized signature. Procuration signature. Person signing as agent or in representative capacity. Value and holder for value. Accommodation bill or party. Holder in due course. Presumption of value and good faith. Negotiation of bill. Requisties of valid indorsement. Conditional indorsement. Indorsement in blank and special indorsement. Restrictive indorsement. Negotiation of overdue or dishonoured bill. Negotiation of bill to party already liable thereon. Rights and powers of holder. When presentment for acceptance is necessary. Time for presenting bill payable after sight. Rules as to presentmetn for acceptance and execuses for non-presentment. Non-acceptance. Dishonour by non-acceptance and its consequences. Duties as to qualified acceptance. Rules as to presentment for payment. Execuses for delay or non-presentment for payment. Dishonour by non-payment. Notice of dishonour and effect of non-notice. Rules as to notice of dishonour. Excuses for non-notice and delay. Noting or protest of bill. Duties of holder as regards drawee or acceptor. Funds in hands of drawee. Liability of acceptor. Liability of drawee or indorser. Stranger signing bill liable as indorser. Measure of damages against parties to dishonoured bill. Transferor by delivery and transferee. Payment in due course. Banker paying demand draft whereon indorsement is forged. Acceptor the bolder at maturity. Express waiver. Cancellation. Alteration of bill. Acceptance for honour supra protest. Liability of acceptor for honour. Presentment to acceptor for honour. Payment for honour supra protest. Holder's right to duplicate of lost bill. Action on lost bill. Rules as to bill in set. Rules where laws conflict. Definition of cheque. Presentment of cheque for payment. Revocation of banker's authority. Definition of general and special crossings. Crossing by drawer or after issue. Crossing a material part of cheque. Duties of banker as to crossed cheque. Protection to banker and drawer where cheque is crossed. Effect of crossing on holder. Potection to collecting banker. Definition of promissory note. Delivery necessary. Joint and several notes. Note payable on demand. Presentment for payment. Liability of maker. Application of Part 1 to notes. Good faith. Signature. Computation of time. No. 2 of 1875. When noting equivalent to protest. Protest when notary not accessible. Schedule. Crossing of dividend warrant. Savings. See Ordinance NO. 16 of 1901. No. 1 of 1865. Section 94.

A.D. 1885. Ordinance NO. 9 of 1885. 45 & 46 Vict. 61.
Short title.
Interpretation of terms.
See Ordinance No. 7 of 1891. Definition of bill of exchange. Inland and foreign bills. Effect where different parties to bill are the same person. Address to drawee. Certainty required as to payee. What bills are negotiable. Sum payable. Bill payable on demand. Bill payable at future time. Omission of date in bill payable after date. Ante-dating and post-dating. Computation of time of payment. Referee in case of need. Optional stipulations by drawer or indorser. Definition and requisties of acceptance. Time for acceptance. General and qualified acceptances. Inchoate instruments. Delivery. Capacity of parties. Signature essential to liability. Forged or unauthorized signature. Procuration signature. Person signing as agent or in representative capacity. Value and holder for value. Accommodation bill or party. Holder in due course. Presumption of value and good faith. Negotiation of bill. Requisties of valid indorsement. Conditional indorsement. Indorsement in blank and special indorsement. Restrictive indorsement. Negotiation of overdue or dishonoured bill. Negotiation of bill to party already liable thereon. Rights and powers of holder. When presentment for acceptance is necessary. Time for presenting bill payable after sight. Rules as to presentmetn for acceptance and execuses for non-presentment. Non-acceptance. Dishonour by non-acceptance and its consequences. Duties as to qualified acceptance. Rules as to presentment for payment. Execuses for delay or non-presentment for payment. Dishonour by non-payment. Notice of dishonour and effect of non-notice. Rules as to notice of dishonour. Excuses for non-notice and delay. Noting or protest of bill. Duties of holder as regards drawee or acceptor. Funds in hands of drawee. Liability of acceptor. Liability of drawee or indorser. Stranger signing bill liable as indorser. Measure of damages against parties to dishonoured bill. Transferor by delivery and transferee. Payment in due course. Banker paying demand draft whereon indorsement is forged. Acceptor the bolder at maturity. Express waiver. Cancellation. Alteration of bill. Acceptance for honour supra protest. Liability of acceptor for honour. Presentment to acceptor for honour. Payment for honour supra protest. Holder's right to duplicate of lost bill. Action on lost bill. Rules as to bill in set. Rules where laws conflict. Definition of cheque. Presentment of cheque for payment. Revocation of banker's authority. Definition of general and special crossings. Crossing by drawer or after issue. Crossing a material part of cheque. Duties of banker as to crossed cheque. Protection to banker and drawer where cheque is crossed. Effect of crossing on holder. Potection to collecting banker. Definition of promissory note. Delivery necessary. Joint and several notes. Note payable on demand. Presentment for payment. Liability of maker. Application of Part 1 to notes. Good faith. Signature. Computation of time. No. 2 of 1875. When noting equivalent to protest. Protest when notary not accessible. Schedule. Crossing of dividend warrant. Savings. See Ordinance NO. 16 of 1901. No. 1 of 1865. Section 94.

https://oelawhk.lib.hku.hk/items/show/610

WEIGHTS AND MEASURES ORDINANCE, 1885

ORDINANCE No. 2 OF 1885.

Weights and Measures

AN ORDINANCE to make provision with respect to Weights and
Measures. [1st April, 1885.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This Ordinance may be eited as the Weights and Measures Ordi-
nance, 1885.
2.-(1.) The Governor shall cause to be deposited and safely kept in
the Colonial Treasury such weights and measures of the standards in use
in the United Kingdom and of such Chinese weights and measures as
are specified in the Schedule to this Ordiance, and the weights and
measures so deposited shall be the standard weights and measures of
this Colony.
(2.) The Governor shall cause to be made copies and models of the
several weights and measures so deposited, and such copies and models
shall be submitted to the Colonial Treasurer, who shall cause the same
to be verified, and, if approved, stamped, or marked in such manner as
the Colonial Treasurer may from time to time determine to show that
the same have been verified and approved.
(3.) Copies and models after being so verified and approved shall be
deposited with the Police Magistrates, who shall keep the same for the
purposes of reference as hereinafter directed.
(4.) If any copies or models deposited with a Police Magistrate are
lost, destroyed, defaced, or injured, they shall be replaced by others of
the same weight or measure duly verified and approved.
3.-(1.) Any person wishing to compare any weight or measure with
the copy or model deposited with a Police Magistrate shall be allowed
access to such copy or model for the purpose of making such comparison,
at reasonable times to be appointed by the Magistrate in his discretion.








(2.) The comparison shall be made in the Magistrate's presence, and
the Magistrate, on being satified that the weight or measure brought
for comparison corresponds truly to the copy or medel, shall stamp or
mark the same in such manner as the Colonial Treasurer may from tim
to time determine to show that the same has been compared and ap-
proved.
(3.) Such person shall defray all expenses of conveying his weight or
measure to or from the Police Court, or shall deposit with the examiner
one dollar if such weight or measure is on shore, or two dollars if it is on
board a ship in the harbour, to defray such expenses.
4. The Governor shall from time to time appoint proper persons to
be examiners of weights and measures, and may at pleasure remove
any person so appointed.
5. It shall be the duty of an examiner of weights and measurers to enter
the business premises of any person who sells goods by weight or mea-
sure and examine the weight, measure, scale, balance, steelyard, wiegh-
ing-yard, or weighing-machine, found on such premises, and to seize
any weight, measure, scale, balance, steelyard, weighing-yard, or weigh-
ing-machine which appears to him to be false or unjust.
6.-(1.) Every person who-
(1.)falsifies or wilfully injures any compy or model of a standard weight
or measure deposited with a Police Magistrate; or
(2.) uses, or has in his possession for use, any weight, measure, scale,
balance, steelyard, weighing-yard, or weighing-machine which is
false or unjust; or
(3.) obstructs any examiner of weights and measures in the discharge
of his duty as such examiner,
shall, on summary conviction before a Magistrate, be liable to a penalty
not exceeding two hundred dollars for each offence, apart from and in
addition to any other penalty or liability to which such person may be
subject in respect of such offence.
7. Where any fraud is wilfully committed in the using of any weight,
measure, scale, balance, steelyard, weighing-yard, or weighing machine,
the person commiting such fraud, and every person party to the fraud,
shall, on summary conviction before a Magistrate, be liable to a penalty
not exceeding two hundred dollars for each offence, and the wight,
meausre, scale, balance, steelyard, weighing-yard, or wighing-machine
shall be liable to be forfeited.
8.-(1) No person shall wilfully or knowingly make or sell, or cause
to be made or sold, any false or unjust weight, measure, scale, balance,
steelyard, weighing-yard, or weighing-machine.
(2.) Every person who acts in contravention of this section shall, on
summary conviction before a Magistrate, be liable to a penalty not ex-
ceeding two hundred dollars or, in the case of a second or any subse-
quent offence, five hundred dollars.
9. All weights and measures duly seized by an examiner of weights
and measures under the provisions of this Ordinance shall be forfeited
to the Crown.
10. Nothing in this Ordinance shall apply to the buying or selling or
dealing in meadicines, or precious metals, or precous stones or to weights
or measures employed in relation thereto.

Length.
1 Chek(foot)equal to 145/8 English inches, divided into 10 Tsun or inches,
and each inch into 10 Fan or tenths.
The contents of each measure to be not heaped, but flat and level with the
rim of the vessel.
Measures of length, if made of wood or bamboo, shall (except yard meas-
sures imported from the United Kingdom) be tipped at the ends with metal,
to the satisfaction of the examiner of weights and measures, or, in case of
doubt, of a Police Magistrate, whose decision shall be final.
A.D. 1885. Ordinance No. 8 of 1885, with Ordinance No. 26 of 1901 incorporated.
Short title.
Deposit of standard weights and measures in Treasury and of copies and models with Magistrate Schedule.
Verification of weight or measure with copy or model. Appointment of examiners of weights and measures. Duty and powers and examiner. Flasifying weight, measure, etc. Penalty for fraud in use of weight measure, etc. Penalty on sale of false weight, measure, etc. Forfeiture of weights and measures duly seized. Saving as to weights or measures for dealing in medicines, etc. Section 2.

A.D. 1885. Ordinance No. 8 of 1885, with Ordinance No. 26 of 1901 incorporated.
Short title.
Deposit of standard weights and measures in Treasury and of copies and models with Magistrate Schedule.
Verification of weight or measure with copy or model. Appointment of examiners of weights and measures. Duty and powers and examiner. Flasifying weight, measure, etc. Penalty for fraud in use of weight measure, etc. Penalty on sale of false weight, measure, etc. Forfeiture of weights and measures duly seized. Saving as to weights or measures for dealing in medicines, etc. Section 2.

https://oelawhk.lib.hku.hk/items/show/609

UNCLAIMED BALANCES ORDINANCE, 1885

Ordinance No. 1 of 1885.

Unclaimed Balances

AN ORDINANCE to make provision with respect to Unclaimed
Balances.
[2nd March,1885]

Be it enacted by the Governor of Hongkong, with the adivce of the
Legislative Council thereof, as follows: --

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

Disposal of Unclaimed Moneys.

2.-(1.) All sums of money which, at the commencement of this
Ordinance, have remained unclaimed in the Colonial Treasury for a
period of five years or longer shall be transferred to the general revenue
of the Colony, subject to the provisions of this Ordinance for their
refund if claimed after such transfer.
(2.) Lists of such sums shall forthwith be published in The Gazette,
with a notice calling upon the owners thereof to claim them.
3.-(1.) Any sume of money, other than the balance of an intestate
estate, which after the commencement of this Ordinance may from any
cause be unclaimed in the colonial Treasury may, on the expiration of
five years from the date of payment of such sum into the Treasury, be
transferred to the general revenue of the Colony, subject ot the pro-
visions of this Ordinance for its refund if claimed after such transfer.
(2.) a transfer under the provisions of this section shall be made by
an order under the hand of the Governor, which order, with the parti-
culars of the sums so transferred, shall be published in The Gazette,
and shall state the conditions on which a refund of such sums may be
obtained.
4. On the expiration of one year from the date of the decease of
any person dying intesate, where adminstration has been granted to
the Official Administrator, and the next of kin of the deceased are not
known to the Official Administrator, the Official administrator shall
cause advertisements to be published in this Colony and also, where in
his opinion it is possible, in the mother country of the deceased, to the
effect that, if no claimant appears within twelve months to claim any
funds remaining from the estate of such deceased person, such funds
will be transferred to the revenue of this Colony: Provided that such
advertisement shall not be necessary where the funds of the estate
are less than twenty dollars in value.



5. After five years from the date of the decease of any such per-
son dying intesate, the Official Administrator shall pay the unclaimed
balance of such person's estate into the Colonial Treasury, and the Gov-
ernor may direct that it be appropriated for the general purposes of the
Colony: Provided that, before such direction is give, a certificate shall
be furnished to the Governor by the Ifficial Administrator showing that
due advertisement has been made for claims to such balance of such
estate as required by the last preceding section, and that, so far as is
known to the Official Administrator, no further claim can reasonably be
expected against such balance.
6. Any unclaimed balance paid into the Colonial Trasury under the
provisions of this Ordinance at any time previous to the expiration of
five years as aforesaid shall be lodged in a chartered or incorporated
bank in this Colony, at such rate of interest as may be procurable, and
the amount of such interest shall be added to and considered portion of
such unclaimed balance.
7.-(1.) When any sum of money, other than the balance of an
intestate estate, remains for five years unclaimed in the Supreme Court,
it shall be lawful for the Court, on the application of the Registrar,
to order that such sum be paid over to the Colonial Treasurer for Transfer
to the general revenue of the Colony, subject to refund as hereinafter
provided.
(2.) Before making any such order the Court may order such notices
to be given and to such parties as the Court may think fit.
Refund of Moneys transferred.
8. It shall be lawful for any claimant to any money paid into the
Colonical Treasury under this Ordinance to present his summary petition
in that behalf to the supreme Court against the Attorney General as
respondent thereto; and if the claimant verifes his claim by evidence to
the satifaction of the Supreme Court, it shall be the duty of the Court to
make an order decaring him entitled thereto, and the Colonial Treasurer,
on receipt of such order, shall pay the sum mentioned therein to the
claimant.
9. The Governor-in-Council may entertain any moral claim(as distin-
guished from any legal or equitable claim) which may be submitted to
him by petition in writing by any person, praying for payment of any
sum of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordiance, and upon such petition it shall
be lawful for the Governor-in-Council, if he thinks fit, to order that
such sum or any portion thereof be paid by the Colonial Treasurer to
the petitioner.

10. Any order made by the Governor-in Council under the last pre-
ceding section for the payment of the whole or of a portion of any sum
of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordinance shall be a bar to the extent of
any payment made under such order to any subsequent claim against
the Crwon to the same sum.
11. The general revenue of the Colony shall be applicable to any
payment ordered to be made under the provisions of this Ordinance.
A.D. 1885. Ordinance No. 7 of 1885, with Ordinance No. 11 of 1888 s. 5 incorporated. Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate Advertisement as to intestate estate. Transfer of unclaimed intestate estate to Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Rule as to moral claims. Effect of refund on moral claims.
Charging of general revenue.

A.D. 1885. Ordinance No. 7 of 1885, with Ordinance No. 11 of 1888 s. 5 incorporated. Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate Advertisement as to intestate estate. Transfer of unclaimed intestate estate to Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Rule as to moral claims. Effect of refund on moral claims.
Charging of general revenue.

https://oelawhk.lib.hku.hk/items/show/608

CHATER'S WHARVES AND PIERS ORDINANCE, 1884

ORDINANCE NO. 4 OF 1884.

Chater's Wharves and Piers

AN ORDINANCE to authorized Catchick Paul Chater to construct
Wharves and Piers in the Harbour of Victoria, and to confer
upon the said Catchick Paul Chater certain other Powers and
Privileges.
[23rd September, 1884.]
WHEREAS Catchick Paul Chater, of Victoria in this Colony, is
desirous of constructing, with the consent of the Crown, wharves
and piers in the harbour of victoria, and certain tramways in connexion
therewith, for the purpose of removing, storing, loading, and discharg-
ing cargo; and whereas the said Catchick Paul Chater has applied
to the Government of teh Colony to confer upon him the necessary
powers for carrying out the construction of such wharves, piers, and
tramways by means of a Public Ordinance, and it is expedient that such
an Ordinance should be granted to the said Catchick Paul Chater, under
and subject to the conditions, restrictions, and provisions hereinafter
contained:
BE it therefore enacted by the Government od Hongkong, with the advice
of the Legistlative Council thereof as follows:-

1.This Ordinance may be cited as Charter's Wharves and Piers Or-
inance,1884.
2. It shall be lawful for the said Cachick Paul Chater, his executors,
adminstrators, or assigns, to construct and maintain, for this his and their
exclusive use , wharves between high and low-water mark and piers ex-
tending into the Habour of Victoria , at and from any part or parts of
that portion of land which lies directly opposite to the pieced or parcels
of ground registered in the Land Office of the Colony as Kaulung Mar-
ine Lots Nos.9,11,20 and 21 respectively, which whervas and piers ,
and the works in connexion therewith authorized by this ordinance, are
hereinafter referred to as the undertaking.
3.The said wharves and piers shall be constructed in accordance
with plans and specifications to be deposited in the office of the Surveryor
General and approved by the Governor-in-Council, and shall be so con-
structed as to secure that teh free passage of vessels along the harbour
is not unduly interfered.
4.The said cachick Paul Chater his executors,adminstrators, or
assigns, may from time make anny alteration in or additions to
the said wharves and piers , provided the same are in accordance with
plans and specifications to be approved by the Governor-in-Council.
5.-(1.)It shall be lawful for te said Cachick Paul Chater, his executors,
adminstrators, or assigns,subject to the plans and specifications
being approved by the Governor-in-Council ,from time to time to lay
down, maintain ,and renew sunken and overhead tramways, or either of
such tramways , from the said wharves and piers across the Praya con-
necting the said wharves and piers with the premise of the said Cachick
Paul Chater, his executors,adminstrators, or assigns,situted on the
kaulung Lots aforesaid or adjoining the same, and also a double line
of sunken tramways, six hundred and fifty yards in length, commencing
at a point opposite the North-west Corner of the aforesaid Kaulung
Marine Lots No.21, thence passing along the centre of the Praya to a
point opposite the South-West Corner of the aforesaid Kaulung Marine
Lot No.9.
(2.)the said tramways shall providedwith alll proper stations,
crossing, bridges, passing place,slidings, junction,rails, and the said
Cachick Paul Chater, his executors,adminstrators, or assigns, may
work and use the same :Provided always that, before the commencement
of theconstruction of the said sunken and overhead tramways or either
of such tramways, the said Cachick Paul Chater, his executors,admin-
strators, or assigns,shall deposit in the office of the said Surveyor Gen-
eral plans and specifications shoeing in detail the mode of construction
of the said sunken and overhead tramways, which said plans and spec-
fications shall be approved by th Governor-in-council .
6.The sunken tramways referred to this Ordinance shall be con-
structed on a gauge not exceeding two feet in width, and with two steel
grooved rails, which said rails shall , before being laid down, be approved
by the Surveryor General, and shall be laid and maintain in such
manner that the uppermost surface thereof shall be on a level with the
surface of the road: Provided that the Governor-in-Council may from
time to time require the said Cachick Paul Chater, his executors,
adminstrators, or assigns,to adopt an dapply such improvements in
the said sunken or overhead tramways including their rails sleepers,
bridges,and substructure , as experience may suggest, having regard to
the greater security of the public and advantage to the ordinary traffic,
and the said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall , with all reasonable despatch, comply with any order made
by the Governor-in-council for the purpose of carrying out any such
improvement.
7.The said Cachick Paul Chater, his executors,adminstrators, or
assigns,may time to time , for the purpose of making, forming ,
laying down,maintaining, renewing, altering, adding to, or removing
any tramways under this Ordinance or any part or parts thereof respec-
tively, open and break up any road, subject to the following regu-
lations:--
(1.)he or they shall give to the Surveyor General notice of his or
their intenion , specifying teh time at which he 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 com-
mencement of this work; and
(2.)he or they shall not open or break up or alter the level of any
road except with the authority, under the superintendence, and to
the saticfaction of the Surveyor General.
8.--(1.)When the said Cachick Paul Chater, his executors,admin-
strators, or assigns,has or have opened or broken up any portion of
any road, he or they shall be under the following further obligatoins,
namely,-
(a.)he or they shall, with all convenient speed, complete the work
on account of which he or they opened or broke up the same,
and (subject to the formation, maintaining, renewal, or altera-
tion of. addition to , or to removal of the tramway) fill in the ground
and make good the surface, and, to the satisfaction of the Sue-
veryor General, restore the road to as good condition as that in
which it was before it was opened or broken up:and (b.)he or they shall in the meantime cause the place where the
road is opened or broken up to fenced and watched and to
be properly lighted at night.
(2.) If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, fails or fail to comply with this section, he or they shall for
every offence (without prejudice to the enforcement of the specific per-
formance of the requirements of this Ordinance or to any other remedy
against him or them)be liable to a 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.
9.-(1)The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall maintain in good condition and repair, and at their
proper level so as not to be a danger or annoyance to the ordinary traffic,
the rails of which any of the tramways for the time being consist and
the substructure upon which the same rest; and if the Surveryor General
from time to time, or at any time hereafter,alter the level of any road
along or across which any of the said may happen, the said Cachick
Paul Chater, his executors,adminstrators, or assigns,shall, at his or
their own expence, alter the rails so that the uppermost surface thereof
shall be on a level with the surface of the road as altered.
(2.)If the said Cachick Paul Chater, his executors,adminstrators,
or assigns, makes or makes defaultr in complying with this section, he or
they shall for evrey offence be subject, on conviction, to a penalty not
exceeding twenty-five dollars, and, in case of a continuing offence, to a
further penalty not exceeding ten dollars for every day after teh first on
which such default continues.
10.The said Cachick Paul Chater, his executors,adminstrators,
or assigns,shall cause to be affixed on the said wharves and piers, and
to be exhibite from sunset to sunrise, such lights as the HArbour
Master may from time to time direct.
11.The said Cachick Paul Chater, his executors,adminstrators,
or assigns, shall take such measures as the Governor-in-Council may
require to prevent silting or the accumulation of mud, sand, or other
matter around the said wharves and piers,and shall conform to such
regulations as the Governor-in-Council may deem it expendient to make
from time to time for the purpose of preventing obbstruction to the
traffic of the Praya.
12-(1.)In the event of the said Cachick Paul Chater, his execu
tors,adminstrators, or assigns, making default in complying with the





provisions of the last preeceding section relating to the prevention of
silting or the accumulation of mud, sand, or other matter around the
said wharves or piers, the Governor-in-Council, if satified, after due
inquiry made, that the said Catchick Paul Chater, his executors, admin-
istrators, or assigns, has or have been guilty of the alleged default,
shall make an order, to be served on the said Catchik Paul Chater, his
executors, administrators, or assigns, limiting a time for the perform-
ance of his or their duty in that behalf, and if such duty is not per-
formed by the time limited by the order, the Governor-in-Council shall
appoint some person or persons to perform the same, and shall, by
order, direct that the expenses of performing the same, together with a
reasonable remuneration to the person or persons appointed for superin-
tending such performance, and aounting to a sum to be specified in
the order, together with the costs of proceedings, if any, shall be paid
by the said Catchick Paul Chater, his executors, administrators, or
assigns.
(2.) Any order made for the payment of such expenses and costs
may be removed into the Supreme Court, and may be enforced in the
same manner as if the same were an order of such Court.
13. All vessels belonging to or engaged in the service of Her Ma-
jesty's Government shall have priority of use of the said wharves and
piers at the ordinary current rates for mereantile vessels, without pre-
judice to the rights of other vessels actually using the said wharves or
piers, and all other vessels shall have the right of using the wharves
and piers at the current rates in order of priority of application, sub-
ject, nevertheless, to any rules and regulations which may be made
under the provisions of the next succeeding section.
14. It shall be lawful for the said Catehick Paul Chater, his execu-
tors, administrators, or assigns, from time to time to make such rules
and regulations as may be necessary for the use and due maintenance
of the wharves and piers and tramways in connextion therewith: Provided
always that no such rules and regulations, nor any repeal or variation
thereof, shall come into force until the same have or has been approved
by the Governor-in-Council and have or has been published in The
Gazette.
15. Every person who commits a breach of any of the rules and
regulations made in pursuance of this Ordinance shall, on summary con-
viction thereof before a Magistrate, be a liable to a penalty not exceeding
fifty dollars.
16. 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 of The Gazette in which the same are pub-
lished and contained.
17. if the said Cathick Paul Chater, his executors, administrators, or
assigns, fails or fail to make or vary such rules and regulations as, in
the opinion of the Governor-in-Council, are requisite for the protection
of the rights of the inhabitants of the Colony and for the prevention of
injury to navigation, the Governor-in-Council shall make an order, to be
served on the said Catchick Paul Chater, his executors, administrators,
or assigns, limiting a time for the making or varying of such rules and
regulations, and if such rules and regulations are not made or varied by
the time prescribed in such order, the Governor-in-Council may make
or vary such 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.
18. The said Catchick Paul Chater, his executors, administrators, or
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 a list of
the several rates for the time being payable, and shall cause such boards
containing such statement and list to be fixed on some conspicuous part
of the said wharves or piers, and no rate shall be payable during such
time as such list is not so affixed, nor shall any rate not specified in such
list be payable: Provided that if any such statement or list is destroyed,
injured, or obliterated, the rates shall continue payable during such time
as may be reasonably required for the restoration or reparation of such
list in the same manner as if such statement and list had continued
affixed and in the state required by this Ordiance.
19. If, at any time before the completion of the works, the said
Catchick Paul Chater, his executors, administrators, or assigns, fails or
fail to proceed therewith for a period of six months, or, after the com-
pletion thereof, disuses or disuse the same or any part thereof for six
months, without affording to the Governor-in-Council some satisfactory
reason for the discontinuance or disuse of the said works, as the case
may be, it shall be lawful for the Governor-inCouncil to abate and
remove the same and restore the site thereof to its former condition, at
the cost of the said Catchick Paul Chater, his executors, administrators,
or assigns, and the amount of such costs shall be a debt due to the
Government and recoverable against the said Catchick Paul Chater, his
executors, administrators, or assigns, accordingly.
20.--(1.) Subject to the approval of the Governor-in-Council being
first obtained (but not otherwise), the said Catchick Paul chater, his executors, administrators, or assigns, amy at any time and from time to
time sell, assign, or absolutely dispose of the undertaking, or any part
or parts thereof, 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, and subject to such terms and condi-
tions in all respects as the said Catchick Paul Chater, his executors,
administrators, or assigns, may think fit, with power at any such sale to
fix a reserve price for or buy in the same.
(2.) When any such sale, assignment, or absolute disposal has been
made, all the rights, powers, authorities, obligations, and liabilities of
the said Catchick Paul Chater, his executors, administrators, or assigns,
in respect to the undertaking, or aprt or parts thereof sold, assigned,
or absolutely disposed of, shall be transferred to and vested in, and may
be exercised by, and shall attach to the person, corporation, or company
to whom the same has or have been sold, assigned, or absolutely disposed
of, in like manner as if the undertaking, or the part or parts thereof
sold, assigned, or absolutely disposed of, was or were constructed by
such person, corporation, or company under the powers conferred upon
him or them by this Ordinance, and in reference to the same he or they
shall be deemed to be the said Catchick Paul Chater, his executors,
administrators, or assigns.
21. Subject to the approval of the Governor-in-Council being first
obtained (but not otherwise), the said Catchick Paul Chater, his
executors, administrators, or assigns, may at any time and from time to
time demise the undertaking, or any part or parts thereof, to such
person, corporation, or company, for such term or terms of years, or from
year to year, or for any less period, and for such rent or rents, and upon
such terms and conditions in all respects as the said Catchick Paul
Chater, his executors, administrators, or assigns, may think fit to adopt,
to take effect either in possession or reversion, and either with or with-
out a premium or premiums as a consideration or considerations for such
demise or demises.
22. It shall be lawful for the said Catchick Paul Chater, his executors,
administrators, or assigns, from time to time and at any time to borrow
money on mortgage of all or any part of the undertaking, and for that
purpose to assign or demise by way of mortgage all or any portion of
the said wharves and piers to any person, corporation, or company, and
to enter into all such covenants, provisoes, declarations, and agreements
as the said Catehick Paul Chater, his executors, administrators, or as-
signs, may think fit and proper.
23. The rights, powers, and privileges granted by this Ordinance to
the said Catchick Paul Chater, his executors, administrators, and assigns








shall continue in force for twenty years, to be computed from the date
of the proclamation thereof: Provided always that the Governor-in-
Council may from time to time, so often as the Governor-in-Council may
think it expedient, by order to be published in The Gazette, declare that
the duration of such rights, powers, and privileges shall be extended for
any futher term or terms not exceeding ten years at a time, and there-
upon such rights, powers, and privileges shall continue in force for such
extended period.
24.-(1.) On the cessation of the rights, powers, and privileges
granted by this Ordinance, it shall be at the option of the Govenor-in-
Council to purchase the wharves and piers and workds by this Ordinance
authorized from the said Catchick Paul Chater, his executors, adminis-
trators, or assigns, for a price which shall be exclusive of any allowance
for past or future profits of the undertaking, or any compensation for
compulsory sale, to be determined in case of difference by two arbitra-
tors, to be nominated one by the Governor-in-Council and the other by
the said Catchick Paul Chater, his executors, administrators, or 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 said Catchick Paul
Chater, his executors, administrators, and assigns, shall, at his or their
own expense, remove the said wharves and piers and works and restore
the site therof to its former condition; and, in the event of his or their
failure to do so within one year of the date fo 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 said
Catchcik Paul Chater, his executors, administrators, or assigns, and the
amount of such cost shall be a debt due to the Government and recover-
able against the said Catchick Paul Chater, his executors, administrators,
or assigns, accordingly.
25. Nothing in this Ordinance, otherwise than as specially enacted
herein, shall be construed to interfere in any way with any existing
rights in the land on which the said wharves, piers, or tramways are to
be constructed or the lands or foreshore adjoining the same, and the
powers and privileges given by this Ordinance are so given, saving and
reserving always the rights of Her Majesty, and of all bodies politic and
corporate, and of all other persons and those claiming by, from, and
under them, except as herein otherwise provided.





A.D. 1884. Ordinance No. 19 of 1884. Short title. Power for C. P. Chater to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails at their proper level and in good condition. Lights on wharves and piers. Prevention of sitting, etc. Proceedings on non-pro- vention of silting, etc. Priority of use to Queen's ships. Making of rales and regulations for use of wharves, piers, and tramways. Penalty for breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations and rates. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.

A.D. 1884. Ordinance No. 19 of 1884. Short title. Power for C. P. Chater to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Gauge of tramways. Power to break up roads. Completion of work and reinstatement of road. Penalty for not maintaining rails at their proper level and in good condition. Lights on wharves and piers. Prevention of sitting, etc. Proceedings on non-pro- vention of silting, etc. Priority of use to Queen's ships. Making of rales and regulations for use of wharves, piers, and tramways. Penalty for breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations and rates. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.

https://oelawhk.lib.hku.hk/items/show/607

JOHNSON'S WHARVES AND PIERS ORDINANCE, 1884

ORDINANCE NO. 3 OF 1884.

Johnson 's Wharves and Piers

AN ORDINANCE to authorized Francis Bulkelery Johnson to con-
struct Wharves and Piers in the Harbour of Victoria ,and
to confer upon the said Francis Bulkeley Johnson certain
other powers and Privileges.
(23rd September,1884)
WHEREAS Francis Bulkeley Johnson, of Victoria in this Colony,
merchant, is desirous of constructing, with the consent of the
Crown, wharves and piers in the Harbour of Victoria, for purpose in
relation to the loading, discharging , and storing of cargo; and wheras
the said Francis Bulkeley Johnson has applied to the Government of
the Colony to confer upon him the necessary power for carrying out the
construction of such an Ordinance should be grante to the said
Francis Bulkeley Johnson, under and subject to teh conditions, restric-
tions, and provisions hereinafter contained:
Be it therefore enacted by the Governor of Hongkong, with the advice
of the Legistalive Council thereof,as follows:
1.This Ordinance may be cited as Johnson 's Wharves and Piers
Ordinance,1884.
2.It shall be lawful for the said Francis Bulkeley Johnson, his ex-
ecutors, administrators, or assigns, to construct and maintain, fo his
and their exclusive use, wharvas between high and low-water mark and
piers extending into the Harbour of Victoria, at and from any part or
parts of that portion of the Public Praya which lies directly opposite to
the pieces or parcels of ground registered in the land officed of the
Colony as Marine Lots Nos.95,96,97 and 98 respectively, which
whervas and piers, and the works in the works in connexion therewith authorized by
this Ordinance, are hereinafter refered to as the undertakeing.
3.the said wherves and piers shall be construced in accordance
with plans and specification to be approved by the Governor-in-Council,
and shall be so Constructed as to secure that the free passage of vessels
along the harbour is not unduly interfered with.
4. The said Francis Bulkeley Johnson, his excutions,adminstra
tors, or assigns, may form time to time make any alteration in or add-
ition ti the said wherves and piers, provided the same are in accordance
with plans and specifications to be approved by the Governor-in-council.
5.It shall be lawful for the said Francis Bulkeley Johnson, his ex-
ecutors, adminstrators, or assigns, from time to time to lay down,

maintain , and renew sunken and overhead tramways, or either of such
tramways, from the said whervas and piers acrossthe Public Praya
connecting the said whervas and piers with the premises of the said
Francis Bulkeley Jonhson, his executors, adminstrators or assigns,
situted on the Marine Lots aforesaid or adjoining the same : Provided
that all such tranways shall be laid in accordance with a specification to
be approved by the Governor-in-Council , and that the laying and main-
taining thereof and the necessary works in connexion therewith shall
be conducted in such manner and subject to such conditions as the
Surveryor General for the time being required .
6. the said Francis Bulkeley Jonhson,his executors, adminstra-
tors, or assigns , shall cause to be affced on the said whervas and piers,
and to be exhibited from sunset to sunrise, such lights as the Harbour
Master may from time to time direct.
7.The said Francis Bulkeley Jonhson, his executors, adminstra-
tors, or assigns, shall take such measures as the Governors-in-Council
may require to prevent silting or the accumulation of mud, sand, or
other matter around the said whervas and piers , and shall conform to
make from time to time for the purpose of preventing obstruction to the
traffic of Praya.
8.-(1.)In the event of the said Francis Bulkeley Jonhson,his ex-
ecutors,adminstrators,or assigns, making default in complying with
the provisions of the last preceeding section relating to the prevention of
silting or the accumulation of mud, sand, or other matter around the
said whervas or piers, the Governor-in-Council, if satisfied, after due in-
quiry made, that the said Francis Bulkeley Jonhson,his executors, ad-
minstrators,or assigns, has or have been guilty of the alleged default,
shall make an order to be servedon the said Francis Bulkeley Jonhson,
his executors, adminstrators,or assigns,limiting a time for the per-
formanceof his or their duty in that behalf , and if such duty is not per-
formed by the time limited by the order, the Governor-in-Council shall , by order,
direct that the expense of performing the same , together with a reason-
able remuneration to the persons or persond appointed for superintending
such performance, and ammounting to be specified in the order,
together with the costs of proceeding, if any shall be paid by the said
Francis Bulkeley Jonhson,his executors, adminstrators,or assigns.
(2.)Any ordermade for the payment of such expense and costs may
be removed into the SupermeCour, and may be enforced in the same
manner as if the same were an order of such Court.








9.All vessels belonging to or engaged in the service of Her Majesty's
Government shall have priority of use of the said whervas and piers at
the ordinary current rates for mercantile vessels, without prejudice to
the rights of other vessels actually using the said whervas or piers,
and all other vessels shall have the rights of using the said whervas and
piers at the current rates in order of prioity of application, subject,
nevertheless , to any rules and regulations which may be made under
the provisions of the next suceeding section.
10. It shalll be lawful for the said Francis Bulkeley Johnson,his
executors, adminstrators, or assigns, from time to time to make such
rules and regulations as may be necessary for the use and due mainten-
ance of the wharves and piers and tramways in connexion therewith:
Provided always that no such rules and regulations , nor any repeal or
variation thereof, shall come into force until the same have or has been
approved by the Governor-in-Council, and have or has been published
in Thr Gazette.
11.Every person who commits a creach of any of the rules and
regulations made in pursurance of this Ordinance shall, on summmary
conviction thereof before a Magistrate, be liable to a penalty not ex-
ceeding fifty dollars,
12.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 of The Gazette in which the same are pub-
lished and contained.
13.If the said Francis Bulkeley Johnson,his executors, admins-
trators, or assigns,fail to make or vary such rules and regula-
tions as, in the opinion of the Governor-in-Council, are requisite for the
protection of the rights of the inhabitants of the Colony and for the
prevention of injury to navigation , the Governor-in-Council shall make
an order to be served on the said Francis Bulkeley Johnson,his
executors, adminstrators, or assigns,limiting a time for the making or
varying of such rules and regulations, and if such order, the Gov-
ernor-in-Council may make or vary such 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.
14.The said Francis Bulkeley Johnson,his executors, admins-
trators, or assigns,shall from time to time cause to be painted on boards,
or to be printed and attached , in large and legiable characters in Eng-
lish and chinese, a statement of the rules and regulations in force and
a list of the serval rates for the time being payable, and shall cause
such boards containing such statement and list to be fixed on some
conspicuous part of the said wherves or piers, and no rates shall be
payable during such time as such list is not so affixed nor shall any rate
not specified in such list br payable: Provided that if any such state-
ment or list is destroyed, injured, or oblierated , the rates shall continue
payable during such time as may be reasonably required for the restor-
ation or reparation of such list , in the same manner as if such statement
and list had continued affixed and in the state required by this Ordinance.
15.If , at any time before the completion of the works, the said
Francis Bulkeley Johnson,his executors, adminstrators, or assigns,
fails or fail to proceed therewith for a period of six months, or ,after the
completion thereof , disues or disuse the same or any part thereof for six
months , without affording to the Governor-in-council some satisfatory
reason for the discontinuance or disuse of the said works,as the case
may be , it shall be lawful for the Governor-in-Counciltoo abate and
remove the same, and restore the site thereof to ots former condition,
at the cost of the said Francis Bulkeley Johnson,his executors, admin-
strators, or assigns, and the amount of such cost shall be a dabt to the
Government and recoverable aganist the said Francis Bulkeley Johnson,
his executors, adminstrators, or assigns, accordingly.
16.--(1.)Subject to the approval of the Governor-in-Council being
first obtained (but not otherwise), the said Francis Bulkeley Johnson,
his executors, adminstrators, or assigns,may at any time and from time
to time sell,assign, or absolutelydispose of the undertaking, or any
part or parts therof , to such persom, corporation,or company , by
pirvate contrast, and with, under ,and subject to such terms and condi-
tion in all respects as the said Francis Bulkeley Johnson,his executors,
adminstrators, or assigns,may think fit, with power at any such sale to
fix a reserve price for or buy in the same.
(2.)When any such sale,assignment, or absolutr disposal has been
made, all the rights, powers, authorities,obligations ,and liavilities of
the said Francis Bulkeley Johnson,his executors, adminstrators, or
assigns, in respect to the undertaking, part or parts thereof sold
assignsed, or absolutely disposed of, shall be transferred to and vested in,
and may be exercised by, and shall attach to the person, corporation ,or
company to whom the same has or have been sold, assigned,or absoulute-
ly disposed of , in like manner as if the undertaking, or the part or parts
thereofsold, assigned , or absolutely disposed of, was or were construct-
ed by such peerson ,orpertaion, or company under the powers conferred
upon him or them by this Ordinance, and in reference to the same he
or they shall be demmed to be the said Francis Bulkeley Johnson,his executors, adminstrators, or assigns.
17.Subject to the approval of the Governor-in-Council being first
obtained( but not otherwise), the said Francis Bulkeley johnson,his
executors, adminstrators, or assigns nay at any time and from time
to time demise the undertaking, or any part or parts thereof, to such person,
corporation, or company, for such term or terms of years , or from year to
year, or for any less period, and for such rent or rents, and om such terms
and conditions in all respects as the said Francis Bulkeley johnson,his
executors, adminstrators, or assigns,may thinks fit to adopt , to take
effect either in premiums as a consideration or consideration for such
demise or demises.
18.It shall be lawful for the said Francis Bulkeley johnson,his
executors, adminstrators, or assigns , from time to time and at any any time
to borrow money on mortgage of all or any part of the undertaking, and
for that purpose to assign or demise by way of mortgage all or any
portion of the said wharves and convenants, provisoes, declarations,
and agreements as the said Francis Bulkeley johnson,his executors,
adminstrators, or assigns,may think fit and proper.
19.The rights, power, and privileges granted by this Ordinance to
the said Francis Bulkeley johnson,his executors, adminstrators, and
assigns, shall continue in force for twenty years, to be computed from
the date of the proclaimation thereof:Provided always that the Govrenor-
in-Council may think it expedient, by order to be published in The Gazette, declare
that the duration of such rights , powers, and privilages shall continue in force for
such extended period.
20.-(1.)On th cessation of the rights, powers, and privileges
granted by this Ordinance, it shall be at the opinion of the Governor-in-
Council to purchase the wharves and piers and works by this Ordinance
authorized from the said Francis Bulkeley johnson,his executors, ad-
minstrators, or assigns, for a price which shall be exclusive of any al-
lowerance for past or future profits of the undertaking or any compensa-
tion 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 said Francis Bulkeley johnson,his executors, adminstra
tors, or 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 exerise the option to buy
within one month of such cessation as aforesaid, the said Francis
Bulkeley Johnson, his executors, adminstrators, and assigns, shall, at
his or their own expense, remove the wharves and piers and works
and restore the site thereof to its former condition; and, in the event of
his or their 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 said Francis Bulkeley Johnson, his executors, adminstrators, or
assigns, and the amount of such cost shall be a debt due to the Govern-
ment and recoverable aganist the said Francis Bulkeley Johnson, his
executors, adminstrators, or assigns, accordingly.
21. Nothing in this Ordinance, otherwise than as specially enacted
herein, shall be construced to interfere in any way with any existing
rights in the lands or foreshore adjoining the same; and the powers and
privileges given by this Ordinance are so given, saving and reserving
always the rights of Her Majesty, and of all bodies politic and corporate,
and of all other persons and those claiming by, from, and under
them, except as herein otherwise provided.
A.D. 1884. Ordinance No. 18 of 1884. Short title. Power for F. B. Johnson to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Lights on wharves and piers. Prevention of silting, etc. Proceedings on non-prevention of sitting, etc. Priority of use of Queen's ships. Making of rules and regulations for use of wharves, piers and tramways. Penalty or breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.

A.D. 1884. Ordinance No. 18 of 1884. Short title. Power for F. B. Johnson to construct wharves and piers in Harbour of Victoria. Plans and specifications. Alterations and additions. Power to lay down tramways. Lights on wharves and piers. Prevention of silting, etc. Proceedings on non-prevention of sitting, etc. Priority of use of Queen's ships. Making of rules and regulations for use of wharves, piers and tramways. Penalty or breach of rules and regulations. Proof of rules and regulations. Power to Governor-in-Council to make rules and regulations in certain event. Exhibition of rules and regulations. Power to Governor-in-Council to abate and remove works in certain events. Power to sell undertaking. Power to demise undertaking. Power to mortgage undertaking. Duration of rights, etc. Cessation of rights, etc. Saving of other rights.

https://oelawhk.lib.hku.hk/items/show/606

SHERIFF'S (PERFORMANCE OF DUTIES) ORDINANCE, 1884

ORDINANCE NO. 2 OF 1884.

Sheriff's (Performance of Duties)

AN ORDINANCE to make provision for the Performance of cer-
tain Duties formerly attaching to the Office of Sheriff.
(10th June ,1884.)
WHEREAS, on account of the abolition of the office of Sheriff, it is
necessary to make provision for the performance of certain
duties in connextion with the execution of criminal sentences formerly
attaching to the said office:
BE it therefore enacted by the Governor of Hongkong, with the advice
of the Legistlative Council thereof, as follow:
1. This Ordinance may be cited as the Sheriff's(Performance of
Duties )Ordinance,1884.
2.All such duties in relation to the execution of any sentence or
judgement imposed or awarded by any Court or judge exerising
criminal jurisdiction in this Colony as Attached to the office of Sheriff
at the time of the passing of Ordinance No.22 of 1882, entitled 'An
Ordinance to amend the Superme Court Ordinance,1873,'namely , the
19th day of December,1882, and in respect of which no other provision
has been made at the commencement of this Ordinance, shall, from and
after the commencement of thiks Ordinance, be attached to the office of
Superintendent of Victoria Gaol, and shall be discharged by the person
for the time being acting in that office or his lawful deputy.

Section 13. A.D. 1884. Ordinance No. 17 of 1884. Short title. Superintendent of Gaol entrusted with duties of Sheriff. See new Ordinance No. 3 of 1873.

Section 13. A.D. 1884. Ordinance No. 17 of 1884. Short title. Superintendent of Gaol entrusted with duties of Sheriff. See new Ordinance No. 3 of 1873.

https://oelawhk.lib.hku.hk/items/show/605

MEDICAL REGISTRATION ORDINANCE, 1884

ORDINANCE NO. 1 OF 1884

Medical Registration

AN ORDINANCE to regulate the Qualification and to provide for
the Registration of Practitioners in Medicine and Surgery.
[5th April, 1884.]
BE it enacted by the Governor of Hongkong, with the advice of the
Legislative Council thereof, as follows :
1. This Ordinance may be cited as the Medical Registration Ordi-
nance,1884.
2.--(1.) The words 'legally qualified medical practitioner,' or 'duly
qualified medical practioner,'or any words importing a person recog-
nized at law as a practioner in medicine or surgery or any kind of
a member of the medical profession, when used in any Ordinance, shall
be construed to mean a practioner registered under this Ordinance.
(2.) The words 'registered under this Ordinance' or words to the
like effect shall be deemed to refer to registration under this Ordinance
as amended by any future Ordinance.
3.This Ordinance shall not operate to limit the right of Chinese
practioners to practise medicine or surgery or to receive, demand, or
recover reasonable charges in repect of such practice.
Regististration of Practioners.

4.--(1.)The Colonial Secretary shall keep a register of medical and
surgical practioners qualified to practise medicine and surgery in this
Colony.
(2.)The shall be, as nearly as may be, according to the
Form No.1 in the Schedule to this Ordinance.
5.--(1.)A copy of the register shall be published by the Colonial
Secretary in The Gazette of the3rd day of May,1884;and thereafter a
copy of the register, as it stands at any such time ,shall be published by
the Colonial Sectretary in the first Gazette issued after every suceeding
3rd day of May.





(2.) Any copy of The Gazette containing the most recent copy of the
register shall be prima facie evidence in all legal proceedings that the
persons therein specified are register under the Ordinance; and the
abesene of the name of any person from such copy shall be prima facie
evidence that such person is not registsive under this Ordinance.
6.-(1.)The Colonial Secretary shall keep the regiater correct in
acccordance with the provisions of this Ordinance, make from time
to time the necessary alterations in the addresses or qualification of the
persons registered under this Ordinance, and cancel in the register the
names of all persons registered under this Ordinance who have died or
ceased to be qualified.
(2.)the Colonial Sectretary may write a letter to any registered
person, addressed to him according to his address in the register , to
inquire whether he has changed his residence, and if he does not recieve
an answer to such letter within six months after the sending thereof,
he may cancel in the register the name of such person.
7. Every person registered under this Ordinance, or entitled to the
benefit of section 20, shall be entitled to practise medicine and surgery
in this Colony and to demand and and recover reasonable charges for
medical or surgical appliances supplied by him.
8. Subject to the provisions section 3, no person shall be entitled
to recover in any action any charge for any practise of medicine or
surgery after the 3rd day of May,1884, by any person not either
registered under this Ordinance or entitled to the benifit of section 20.
9. No certificate signed after the 3rd day of May,1884, which
certificate is , by a physician, a surgeon, an apothecatary, or any other medical
or surgical practioner shall be valid unless the person signing it is
registered under this Ordinance.
The Medical Board.
10.--(1.) A board , to styled 'the Medical Board,' shall be estab-
lished under this Ordinance and shall consist of the Principle Civil
Medical Officer and the senior Naval and Military Medical Officers for
the time being in the Colony , and any two registered medical practi-
tioners and any three other fit persons willing to acept the apponintment
who may be from time to time thereto appointed by the Governor.
(2.)a member appointed by the Governor shall hold office for three
years and no longer, unless re-appointed by the Governor, any may be
removed by Governor at his pleasure.


(3.)Three members of the board shall from a quorum.
(4.)the board shall consider and report upon all matters laid before
it under section 13 or section 14, as therein provided.
Qualification for Registration
11.any person claiming to be entitled under the Medical Acts, 1858
and 1886, of the Imperial Parliament, or any Act amending the same,
to be registered under this Ordinance shall be so registered on produc-
ing to the Colonial Secretary, in proof of his title thereto, a declartion ,
according to the Form No.2 in the Schedule to this Ordinance, made
by him before any Justice of the Peace and impressed with a stamp
for duty, by way of registration fee, of five dollars: Provideed that the
name of such person appears in ' The Medical Register 'then most
recently published under the Medical Act,1858, of the imperial Parlia-
ment or such person produces to the Colonial Secrtary a certified copy
of the entry of his name in the general register or any branch Medical
council or of any branch council of the United Kingdom.
12. Any person who--
(1.)is registered as a medical or surgerical practioner according to
the law of any of Her Majesty's dominions ( other than the United
Kingdom and this Colony )and therein is entitled or qualified to
practise medicine, surgery, anyd midwifery; or
(2.)holds a medical diploma , degree , fellowship, membership ,licience,
authority to practise , letters testimonial ,certificate, or other status
or document granted by any university, corporation, college, or
other body, or by the Hongkomnhg College of Medicine for chinese
in this Colony, or by any department of or person acting under
tghe authority of the Government of any country or place within
or without Her Majesty's dominions, qualifing or entitling him
to practise medicine , surgery and midwifery in the country or
place where it is granted,
shall be entitled to be registered under this Ordinance: Provided al-
ways that such person shall prove, to the satisfaction of the Medical
Board that he is of good character and that he has passed through a
course of study and examination as through and sufficient as the
minimun course of study and examination in any similar case required
under the said Medical Acts , 1858 and 1886, of the Imperial Parliament
or byh Order of Her Majecty's Privy Council.
13.--(1.)Documentary or other evidence of the identity of any per-
son applying for registration under the last preceeding section and of the
fact that such person has been registered as aforesaid in some country


or place within Her Majasty's dominioins (other than the United king-
dom or the Colony as aforesaid),or that such diploma or other document
aforesaid has been granted and that such person possesses the ncessary
qulifications as aforesaid, shall be submitted to the Medical Board by
side the same.
(2.)If the Board is satified with the proofs submitted, it shall grant
to such person a certificate in the Form No.3 in the Schedule to this
Ordinance, or as near thereof as circumstance will permi.
(3.)Such certificate shall be impressed with a stamp for duty , by way
of registration fee, of twenty-five dollars , and ,on production to the Co-
lonial Secretary, shall entitle such person to registration as a medical
practioner in this Colony.
(4.)If the Board is not satisfied that such person has been registered
as aforesaid, or with his diploma or other document as aforesaid, or with
the evidence of qualification , or with the character of the applicant, it
shall submit the case, with a full report thereon, together with all docu-
memnts in connextion therewith, to the Governor-in-Council.
(5.)The Governor-in-Council shall decide whether the Board shall or
shall not give the certificate sa aforesaid; and such decision shall be final,
and, if it is in the applicant's favour, he shall theereupon be entitled to
such certificate.
Offences.
14. If any practioner registered under this ordinance is convicted
of any frlony or misdeneanor or, after due inquiry , is considered by
the Medical Board to have been gulity of infamous conduct in any pro-
fessional respect, stating tteh particulrs of the case in full, and the Co-
lonial Secretary may thereupon, if he thinks fit, strike the name of such
practioner off the register.
15. Every who wiffully makes before any Justice of the Peace
any false declaration, purporting to be a declaration under this Ordinance,
shall be gulity of perjury.
16.Every person who fraudulently procures or attempts to procure
himself or any other person to be registered under this Ordinance by
making or producing, or causing to be made or produced , any false or
fraudulent represention or declaration, either oral or in writing, and
every person who aids and assits him therein, shall be gulity of a mis-
demeanor, and, being convicted thereof shall be liable to imprisionment,
with or without hard lsbour , for any term not exceeding two years.

17. Every person who, after the 3rd day of May, 1884,-
(1.)wilfully and falsely takes or uses in this Colony any name, title,
or addition implying a qulificatioln to practise medicine or sur-
gery: or,
(2)not being either registered under this Ordinance or entitled to
the benifit of section 20, practises for gain, or surgery or
publishes his name as practising , medicine or surgery,
shall be liable for each offence, on summary conviction before a Ma-
gistrate, to a penalty not exceeding one hundred dollars.
Miscelllanous Provisions.
18.-(1.)All questions repesting the rights of anyy person to be re-
gistered, or the mode of registration, or the liability of any person to be
struck off the register, and all question repecting any alteration of the
register, shall, in case of dispute ,subject to an appeal to the
Governor-in-Council.
(2.)If there is no such appeal, the order, direction , or decision shall
be final.
(3.)If there is such an appeal, the decision of the Governor-in-Coun-
cil shall be final, and he may give all such directions to the Colonial
Secretary as may be necessary for enforeing such decision.
19.All civil medical officers and all medical officers of Her Majesty's
Navy and Army, representively serving in this Colony on full pay, shall
be deemed to be registered under this Ordinance.
20.-(1.)Any person actually practising medicine or surgery in this
Colony at the commencement of this Ordinance and objecting to be
registered under its provisions who, before the 3rd day of May,1884,
satisfies the Colonial Secretary that he was so practising shall be deemed
to be a person entitled to the benfit of this section.
(2.)The Colonial Secretary shall publish a list of the names of all
such persons in The Gazette of the 3rd day of May,1884, and a copy
of the said Gazette oshall be prima facie evidence in all legal proceedings
that the presons therein specified are persons entitled to the benfit of
this section , and the absence of the absence of the name of any person from such copy
shall be prima facie evidence to the contrary.

SCHEDULE
FORMS
FORM NO.1
Medical Register.
PERSONS QUALIFIED TO PRACTISE MEDICAL AND SURGERY
FORM NO.2
Declaration.
I,A.B.,residing do hereby declare that i am a member
(or as case may be) of ( here state the college, faculty, or society)and was
authorized by such (here state the college, faculty, or society whcih gare the
authority) on the day of , I , to practise medicine
and surgery, and that i am, by name of A.B, duly registered in the
United Kingdom under the provisions of the Medical Acts, 1858 and 1886,
(or as the case may be) of the Imperial Parliament as qualified to practise
medicine and surgery.
(signed)
A.B.
Declared before me
this day of , i
(signed)
C.D.
justice of the Peace.


FORM NO.3
Certificate of Qualification for Registration.
HongKong
WE, the Medical Board, do hereby certify that A.B. has satisified
us that he has been registered under the Law for time being
in force in (or taht he holds a diploma
or other document from as the case may be);
that he is qualified or entitled to practise Medicine, Surgery, and Midwifery
in the said country (or place);that he is of goal character; that he has
passed the necessary course of study and examination required by the Medi-
cal Registration Ordinance, 1884;and taht he is entitled to be registered under
the said Ordinance.
Dated the day of
(signed)
Secretary to the Board.
A.D. 1884. Ordinance No. 6 of 1884. With Ordinances No. 4 of 1893 and No. 12 of 1897 incorporated.
Short title.
Interpretation of terms.
Exemption of Chinese practitioners.
Keeping of register of medical and surgical practitioners. Schedule: Form No. 1.
Publication of copy of register. Making of alterations in register. Right of registered person to practise and to recover charges. Disentitling of unregistered person to recover charges. Avoidance of certificate of unregistered person. Constitution, quorum, and functions of Medical Board. Registration of person qualified under imperia Medical Acts. 21 & 22 Vict.c. 90. 49 & 59 Vict.c. 48. Schedule: Form No. 2. Registration of person qualified in other Colony or country, etc. Evidence of qualification of person applying to be registered under s. 12. Schedule: Form No. 3. Stricking practitioner off register for crime or infamous professional conduct. Making false declaration. Punishment for fraudulent registration, etc. Penalty on person falsely taking same implying qualification, etc. Right of appeal to Governor-in-Council. Saving as to civil and naval and military medical officers. Saving as to civil and naval and military medical officers. Saving as to persons actually practising and objecting to be registered. Section 4. Section 11. Section 13. A.D. 1884. Ordinance No. 17 of 1884. Short title. Superintendent of Gaol entrusted with duties of Sheriff. See new Ordinance No. 3 of 1873.

A.D. 1884. Ordinance No. 6 of 1884. With Ordinances No. 4 of 1893 and No. 12 of 1897 incorporated.
Short title.
Interpretation of terms.
Exemption of Chinese practitioners.
Keeping of register of medical and surgical practitioners. Schedule: Form No. 1.
Publication of copy of register. Making of alterations in register. Right of registered person to practise and to recover charges. Disentitling of unregistered person to recover charges. Avoidance of certificate of unregistered person. Constitution, quorum, and functions of Medical Board. Registration of person qualified under imperia Medical Acts. 21 & 22 Vict.c. 90. 49 & 59 Vict.c. 48. Schedule: Form No. 2. Registration of person qualified in other Colony or country, etc. Evidence of qualification of person applying to be registered under s. 12. Schedule: Form No. 3. Stricking practitioner off register for crime or infamous professional conduct. Making false declaration. Punishment for fraudulent registration, etc. Penalty on person falsely taking same implying qualification, etc. Right of appeal to Governor-in-Council. Saving as to civil and naval and military medical officers. Saving as to civil and naval and military medical officers. Saving as to persons actually practising and objecting to be registered. Section 4. Section 11. Section 13. A.D. 1884. Ordinance No. 17 of 1884. Short title. Superintendent of Gaol entrusted with duties of Sheriff. See new Ordinance No. 3 of 1873.

https://oelawhk.lib.hku.hk/items/show/604

TRAMWAYS ORDINANCE, 1883

ORDINANCE NO. 2 OF 1883

Tramways Ordinance, 1883

AN ORDNIANCE for authorizing the Construction of certain Tramways within the colony.
[3rd November, 1883]
BE it enacted by the governor of Hongkong, with the advice of the legislative
council thereof, as follows:-
1. This ordinance may be cited as the Tramways Ordinance, 1883
2. In this ordinance, unless the context other requieds,-
'the government' meas the governor acting on behalf of
her majesty, her successors or assigns, or on behalf of the goverment
of the colony:
'the promoters' mean the promoters hereinafter named;
'common seal' means, if the assignees from the promoters under
the power hereinafter contained are a corporation, the common
seal of such corporation, or, if they are not a corporation, the hands
and seals of such assinees or any two of them;
'owner' or 'owners' means or mean any person or persons or
corporation who, under the provisions of this ordinance, is or are
enabled to sell and assign lands to the company hereinafter defined;
'lands' extend to messuages, lands tenements, and hereditaments
of any tenure:
'lease' includes a sub-lease and an agreement for a lease or sublease;
'the court' means the supreme court of the colony;
'judge' means one of the judges of the court;
'road' means any roadway over which the tramways authorized
by this ordinance pass, and the roadway of any bridge forming part
of or leading to the same;
'carriage' or ' carriages' includes or include all carriages, cars,
and trucks used upon any tramway;
'the works' or 'the undertaking' mean or means the works or
undertaking of whatever nature which by this ordinance are or is
authorized to be executed.
Promoters.
3 the honourable francis bulkeley johnson, of victoria i nthis
colony, frederick david sassoon, of the ame place, equire, charles
vincent smith, of the same place, equire, and william kerfoot hughes,
of the same place, esquire, or the survivors or survivor of them, shall be
the promoters for the purposes of this ordinance, and are hereinafter
referred to as the promoters.
4 the promoters may, with the assent and approval of th governor-
in-council, grant the right to construct and maintain any one or more
of the tramways hereby authorized to be made, and all or any of the
privileges hereby conferred, without receiving any valuable consideration
therefor or for any consideration that the promoters may think fit
to accept, to such persons or person, corporation or company, and with,
under, and subject to such terms and conditions in all respects as the
promoters may think fit, and may, with the approval of the governor-
in-council, upon failure of any subsequent grant, if thereunto authorized by the
terms of such original or subsequent grant, rvoke the same, and regrant
all or any such rights and privileges, and so much of any trmway
as may be construceted, on such terms and conditions as to them
may seen fit, and all and every the assignees or assignee for the time
being from the promoter, whether a corporate body or not, are and is
hereinafter included in the expression and referred to as the company.
Construction of Tramways
5-(1) the company may construct and maintain, subject to the
provisions of this ordinance and in accordance wih the plans which
have been deposited as hereinafter mentioned, the tramways hereinafter
described, with all proper stations, crossings, passing-places, sidings,
junctions, rails, turn-tables, plates, offices, weigh-brighes, sheds, works, and conveniences connected therewith or for the purposes therof, and
may work and use the same.
(2) the tramsways authorized by this ordinance are:-
(a) tramway No.1. - a single line, one mile, two furlongs, 4.24
chains in length, commencing at the north-west corner of inland
lot no.471, thence passing along the praya east, wanchai
road, and queen's road east, and terminating at a point
opposite the entrance to the eastern market, at the junction
with tramway no.2;
(b) tramway no.2 - a double line, one mile , four furlongs, 1.21
chains in length, commencing at a point opposite the entrance
to the eastern market at the junction with tramway no.1 at
its termination, thernce passing along Queen's road east, queen's
road central, and queen's road west, and terminating at a
point opposite inland lot no.219, at the junction with tramway
no.3;
(c) tramway no.3. - a single line, three furlongs, 2.77 chains in
length, commencing at a point opposite inland lot no.219 at
the junctionwiht tramway no.2 at its termination, thence
passing along queen's road west, and terminating at a point
oposite marine lot no.81, at the junction with tramway no.4;
(d) tamway no.4 - whichever of the two following lines the
company may desire to construct and maintain; that is to say,-
(i) a single line, three furlongs, 7.82 chains in length, commencing
at a point oppsite marine lot no.81, at the junction
with tramway no.3 at its termination, thence passing along
that part of centre street which lies between queen's road
west and praya west, thence along praya west and terminating
at a point in the roadway there opposite the northern
end of an imaginary line separating marine lot no.189 from
marine lot no.190; and
(ii) a single line, one furlong, one chain in lenght, commencing
at a point opposite marine lot no.81, at thejunction
with tramway no.3 at its termination, thence passing along
queen's road west to a point opposite the southern entrance
of the premises know as the sailors' homeon inland
lost no.187A;
(e) tramway no.5. - a single lin, four miles, two furlongs in
length, commencing at the north-west corner of inland lot
no.471, thence passing along the shaukiwan road to a point
on the north side of and opposite to the eastern side of shaukiwan
lot no.7; and (f) tramway no.6 - a partly single and partly double line, commencing on
the south side of the south-west boundary of the
war department land at its junction with garden road, thence
passing in a southerly direction up the hillside to victoria
gap, crossing over kennedy and plantation roads by means of
bridges, and terminating at victoria gap, at a point on the
north side of farm lot no.53;
provided that such alterations as the company may think fit may be
made in the position of the rail-tracks of tramway no.6 as shown on
the deposited plan thereof, such alterations being within the limits of
deviation shown on the said last-mentioned plan.
6 the plans hereinbefore referred to as having been depostied are
the plans nos. 1 to 6, 6a and 7 to 20 inclusive, deposited by the
promoters in the officer of the surveyor general.
7 where a double line of tramway is hereby authorized to be laid
down, it shall not be compulasory on the company to lay down a doubld
line, but it may, at its discretion, lay down in the first instance a single
line of tramway in lieu of such double line, and may, at the like discretion,
at any time thereafter, convert such last-named single line into the
double line hereby authorized to be laid down: provided always that
if the working of any double line is considered by the governor-in-
council dangerous or inconvenient, the goveror-in-council may, by
order, direct the company to discontinue one of the lines of rail, and
thereupon the company shall place the remaining line in such part of
the road as the governor-in-council may by such order approve of.
8 subject to the approval of the goveror-in-council being first
obtained, the company may, in the construction of the above tramways
or any of them, alter the level of and widen the bridge known as
bowrington bridge, which spans the northern end of the bowrington
canal at its junction with the harbour of victoria, and the bridge which
spans the northern end of the nullah or stream running between marine
lot no.198 and marine lot no.199 at its junction with the said harbour,
or either of the said bridges; and, subject as aforesaid, the company
may, as regards tramway no.6, alter the leverls of the ground on which
the said tramway is laid, make and construct all necessary cuttings and
embankments, bridges, viaducts, culverts, catch-water drains, and other
works, and divert streams: provided always that the earth excavated
and thrown to waste is disposed of in such manner as to prevent its
being washed down by rain into the harbour.
9 subject to the approval of the goveror-in-council being first
obtained, after timely and adequate notification by public advertisement or otherwise of the intention of the company to apply for such approval,
the company may from time to time construct and mainntain, subject to
the provisions of this ordinance and in aaccordance with plans to be previously
deposited by the company in the office of the surveryor general,
all such crossings, passing places, sidings, junctions, turn-tables, and
other works in addition to those particularly specified in and authorized
by this ordinance as may from time to time by approved of by the
goveror-in-council, and may work and use the same.
10 every tramway running over and along any road shall be construced and
maintained as nearly as may be in the middle of such road, and
no tramway shall be laid tha, for a distance of thirty feet or upwrds,
a less space than eight feet shall intervene between the outside of the
footpath on either side of the road and the nearest side of any carriage
(and any projection thereof), except in the case of bridges, streets, or
other places where the width may not be sufficient to allow a space of
eight feet on either side, and except where it may be necessary to construct
and maintain loops for enabling the carriages to pass each other
or to construct sidings and curves, all which exceptions shall be subject
to the approval in writing of the surveyor general.
11 tramways nos. 1,2,3,4,and 5 shall be constructed on a gauge
not exceeding three feet six inches in width, and with two steel grooved
rails, which said sails shall, before being laid down, be approved of by
the surveyor general, and shall be laid and maintained in such manner
that the uppermost surface thereof shall be on a level with the surface
of the road: provided that the goveror-in-council may from time to
time require the company to adopt and apply such improvements in
the last-mentioned tramways, including their rails, sleepers, and sub-
structure, as experience may suggest, having regard to the greater security of
the public and advantage to the ordinary traffic; and the company
shall with all reasonable despatch comply with any order made by
the goveror-in-council for the purpose of carrying out any such
improvements.
12 tramway no.6 shall be constructed on a gauage not exceeding
five feet in width, and with steel rails, which said rails shall, before
being laid down, be approved of by the surveyor general.
13 the company from time to time, for the purpose of making,
forming, laying down, maintaining, renewing, altering, adding to, or
removing any tramway under this ordinance or any part or parts thereof
respectively, may open and break up any road, subject to the following
regulations:-
(1) the company shall gvie to the surveyor general notice of its
intention, specifying the time at which it 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;
(2) the company shall not open or break up or alter the level of
any road except with the authority, under the superintendence,
and to the satisfaction of the surveyor general; and
(3) the company shall leave an interval of at least a quarter of a
mile between any two places at which it may open or break up
the road, and it shall not open or break up at any such place a
greater length than one hundred yards.
14-(1) when the company has opend or broken up any portion
of any road, it shall be under the follwoing further obligations, namely,-
(a) the company shall, with all convenient speed, complete the
work on account of which it opened or broke up the same, and
(subject to the formation, maintneance, renewal, or alteration of,
addition to, or removal of the tramway) fill in the ground, and
make good the surface, and, to the satisfaction of the surveyor
general, restore the road to as good condition as that in which
it was before it was opened or broken up; and
(b) the company shall in the meantime cause the place where the
road is opened or broken up to be fenced and watched and to
be properly lighted at night.
(2) if the company fails to comply with this section, it shall, for every
offence (without prejudice to the enforcement of specific performance of
the requirements of this ordinance or to any other remedy against it),
be liable 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.
15 in addition to the requirements of the last preceding section, the
company shall, when it gives notice as aforesaid to the surveyor general
of its intention to open or brake up any road for any of the purposes
aforesaid, lay before the surveyor general a plan showing the proposed
mode of constucting, laying down, maintaining, renewing, altering,
adding to, or removing the tramways or works in respect of which it
proposes to open or break up such road, and a statement of the materials
intended to be used therein; and the company shall not commence the
construction, laying down, maintenance, renewal, alteration, addition
to, or removal of such tramways or works, or any part therof respectively,
except for the purpose of necessary repairs, until such plan and
statement have been approved in writing by the surveyor general, and
the works shall be executed in accordance with such approved plan and




statement and under the superintendence to the satisfaction of the
surveyor general.
16-(1) after and so soon as each of the said tramways has been
opened for public traffic, the surveyor general shall maintain in good
condition and repair the whole of the road whereon each of the said
tramways is laid, and the company shall pay to the surveyor general
the cost of the maintenance and repair of so much of any road
whereon any tramway is laid as lies between the rails of he tramway,
and also (where two lines of tramways are laid by the company in any
road at a distance of not more than four feet from each other) the cost
of the maintenance and repair of the portion of the raod between the
tramways, and also in every case the cost of the maintenance and repair
of so much of the road as extends eighteen inches beyond the rails of,
and on each side of, each trmway.
(2) except as aforesaid, the company shall not be liable to pay for
the cost of the maintenance or repair of any road whereon any tramway
is laid.
(3) the company, before paying any moneys due from it under this
section, may inspect any contract or contracts, or specifications, or plans,
or other documents or writings, in the possession or under the control
of the surveyor general or any contractor or contractors, relating to or
stipulating for the maintenance or repai of any road a proportion of the
cost of maintaining or repairing which it is liable to bear under this
section, so that the company may, before paying any proportion of the
aforesaid cost, be satisfied that the sum demanded from it is a fit and
proper sum to be paid by it.
17-(1) the company shall maintain in good condition and repair
and at their proper level, so as not to be a danager or annoyance to the
ordinary traffic, the rails of which any of the tramways for the time being
consist and the substructure upon which the same rest; and if the
surveyor general from time to time, or at any time hereafter, alters the
level of any road along or across which any of the said tramways is laid,
then and in such event, and so often as the same may happen, the company shall,
at its own expense, alter its rails so that the uppermost surface
thereof shall be on a level with the surface of the road as altered.
(2) if the company makes default in complying with this section, ti
shall for every offence by subject, on conviction, to a penalty not exceeding
twenty-five dollars, and, in case of a continuing offence, to a further
penalty not exceeding ten dollars for every day after th first on which
such default continues.
18-(1) where, by reason of the execution of any work affecting
the surface or soil of any road along which any tramway is laid, it is, in

the opinion of the surveyor general, necessary or expedient temporarily
to remove or discontinue the use of such tramway or any part thereof,
the surveyor general shall, before such tramway or any part thereof,
shall be temporarily remvoed or the use thereof discontinued, give to
the company fourteen days' notice at least of the necessity or expediency of
such emporary removal or discontinuance.
(2)immediately on receipt of any such notice, the company may,
subject to such conditions and regulations as the surveyor general may
from timeto time make, construct in the same or any adjacent road, and,
subject as aforesaid, maintain so long as necessary, a temporary tramway
in lieu of the trmaway or part thereof so removed or discontinued, and
the road on which such temporary tramway is laid shall, subject as
aforesaid, be maintained so long as necessary by the surveyor general
at the expenses of the company.
19 any paving, metalling, or material excavated by the company in
the construction of its works from any road under the control of the
surveyor general may be applied by it, so far as may be necessary, in
or towards the re-instating of such road, provided such paving, metalling,
or meterial is, in the opinion of the surveyor general, fit and proper to
be used in the re-instating of such road, and all surplus paying, metalling,
or material not used for any of the purposes mentioned in this
section shall be the property of the company, and shall be removed by
it.
20 for the purpose of making, fomring, laying down, maintain,
renwing, altering, adding to, or removing any of its tramways, the
company may from time to time, where it is necessary or appears expedient for the purpose
of prveneting frequent interruption of the traffic
by repairs or works in connexion with the same, alter the position of any
mains or pipes for the supply of gas or water, or any tubes, wires, or
apparatus for telegraphic or other purposes, subject to the following restrictions;
that is to say,-
(1) before the company alters the position of any such mains or
pipes, tubes, wires, or apparatus, it shall obtain the written assent
of the surveyor general to such alteration;
(2) before laying down a tramway in a road in which any mains or
pipes, tubes, wires, or apparatus may be laid, the company shall,
whether it contemplates altering the position of any such mains or
pipes, tubes, wires, or apparatus or not, give seven days' notice
to the company, persons, ro person to whom such mains or pipes,
tubes, wires, or apparatus may belong of its intention to lay down or
alter the tramway, and shall at the same time deliver a plan and
section of the propsed work. if it appears to such other com-
pany, person, or person that the construction of the tramway s
proposed would endanger any such amin or pipe, tube, wire, ro
apparatus, or interfeere with or impede the supply of water or gas
or the telegraphic or other communication, such other company,
persons, or person may give notice to the company to lower or
otherwise alter the position of the said mains or pipes, tubes, wires,
or apparatus in such manner as may be considered necessary; and
any difference as to the necessity of any such lowering or alteration
shall be settled in manner provided by this ordinance for the
settlement of differences between the company and other companies
or persons; and all alterations to be made under this section
shall be made with as little detriment and inconvenience to such
other company, persons, or person as the circumstances will admit
and underthe superintendence of such other company, persons, or
person or of its, their, or his surveyor or engineer;
(3) the company shall not remove or displace any fo the mains or
pipes, valves, syphons, plugs, tubes, wires, or apparatus, or other
works belonging to any such other company, persons, or person,
or do anythin to impede the passage of water or gas, or the
telegraphic or other communication, into or through such mains
or pipes, valves, syphons, plugs, tubes, wires, or apparatus, without
the consent of such other compay, persons, or person, or in any
other manner than such other company, persons, or person may
approve, until good and sufficient mains or pipes, valves, syphons,
plugs, tubes, wires, or apparatus, and other works necessary or
proper for continuing the supply of water or gas, or telegraphic
or other communciation, as sufficiently as the same was supplied
by the mains or pipes, valves, syphons, plugs, tubes, wires, or apparatus,
proposed to be removed or displaced, have, at the expense of the company,
been first made and laid down in lieu
therof and are ready for use, to the reasonable satisfaction of the
surveyor or engineer of such other company, persons, or person
or, in case of disagreement between such surveyor or engineer and
the company, in such manner as the surveyor general, or other
fit and proper person specially appointed by the governor-in-
council, may direct;
(4) the company shall not lay down any such mains or pipes, valves,
syphons, plugs, tubes, wires, or apparatus contrary to the regulations of
any ordinance relating to water, gas or other companies
or to telegraphs;
(5) the company shall make good all damage done by it to property
belonging to or controlled by any such other company, persons, or
person, and shall make full compensation to all parties for any


loss or damage which they may sustain by reason of any interference
with such property or with the private service pepes of any
person supplied by any such other company, persons, or person
with water or gas; and
(6) if, by any such operations as aforesaid, the company interrupts
the supply of water or gas in or through any main pipe for a period
exceeding twelve consecutive hours, it shall be liable to a penalty
not exceeding one hundred dollars for every day on which such
supply is so interrupted.
21-(1) where any tramway, or any work connectedtherewith,
interferes with any sewer, drain, water-course, or sub-way, or in any
way affects the sewerage or drainage of the colony, the company shall
not commence any such tramway or work until it has given to the surveyor
general fourteen days' previous notice in writing of its intention
to do so and has left with such notice all necessary particulars relating
thereto, not until the surveyor general has signified his approval of
the same, unless he does not signify his approval, disapproval, or other
directions within fourteen days after service of the said notice and particulars as
aforesaid.
(2) the company shall comply with the directions of the surveyor
general in the execution of the said works, and shall provide by new,
altered, or substituted works, in such manner as the surveyor general
may require, for the proper protection of, and for preventing injury or
impediement to, the sewers and works hereinbefore referred to by or by
reason of the tramways, and shall save harmless the surveyor general
against the expense occasioned thereby.
(3) all such works shall be done by or under thesuperintendence of
the surveyor general, at the cost and expense of the company.
(4) when any new, altered, or substituted work is completed by or
at the cost or expense of the company under this ordinance, the same
shall thereafter be as completely under the control of the surveyor
general, and be maintained by him, as any other sewers or works.
22 nothing in this ordinance shall take away or abridge any power
to open or break up up any road along or across which any tramway is laid,
or any other power now or hereafter to be vested in any other company,
persons, or person for the doing of any matter or thing, which such
company or such persons or person is, are, or may be authorized to do,
but, in the exercise of such power, every such other company, persons,
or person shall be subject to the following restrictions; that is to say,-
(1) they shall cause as little detriment or inconvenience ot hte company
as circumstances admit;
(2) before they commence any work whereby the traffic on the tramway will be interrupted, they shall (except in a case of urgency,
in which case notice of the commencement of such work shall be
given to the company within twenty-four hours after such commencement) give
to the company and the surveyor general notice
of their intention to commence such work, specifying the time at
which hthey will begin to do so, such notice to be given twenty-four
hours at least before the commencement of the work;
(3) they shall not be liable to pay to the company any compensation
for loss of traffic occasioned thereby or for the reasonable exercise
of the powers so vested in them as aforesaid;
(4) whenever, for the purpose of enabling them to execute such
work, such other company, persons, or person so require, the
company shall either stop traffice on that portion of the tramway
to which such notice refers, where it would otherwise interfere
with such work shall always be completed by such other company,
persons, or person with all reasonable expedition; and
(5) any such other company, persons, or person shall not execute
such work, so far as it immediately affects the tramways, except
under the superintendence of the company, unless the company
does not give such superintendence at the time specified in the
notice for the commencement of the work or permanently discontinues
the same during the progress of the work, and they shall
execute such work at their own expense and to the reasonable
satisfaction of the company.
23 if any difference arises between they company on the one hand,
and any other company or person (other than the surveyor general) to
whom any sewer, drain, tube, wires, or apparatus for telegraphic or
other puposes may belong on the other hand, with respect to any interference
or control exercised or claimed to be exercised by such other
company or person, or on its or his behalf, or by the company, by
virtue of this ordinance, in relation to any tramway or work, or in
realtion to any work or proceding of such other company or person, or
with respect to the propriety or the made of execution of any work
relating to any tramway, or with respect to the amount of any
compensation to be made by or to the company, or onthe question whether any
work is such ought reasonably to satisfy the company or person concerned,
or with respect to any other subject or thing regulated by or
comprised in this ordinance, the matter in difference shall (unless
otherwise specially provided for by this ordinance) be settled by the
governor-in-council, on the application of either party, and the gov-
ernor-in-council may direct that any expense therby incurred shall be
paid by either the parties.
24 if any difference arises between the company on the one hand and
the surveyor general on the other hand with respect to any interference
or control exercised or claimed to be exercised by the company
or the surveyor general, by virtue of this ordinance, in relation to any
tramway or work, or in relation to any work or proceeding of the surveyor
general, or with respect to the propriety or the mode of execution
of any work relating to any tramway, or with respect to the cost of the
maintenance or repair of any road along or across which any tramway
passes, or with respect to the amount of any compensation to be made
by or to the company, or on the question whether any work is such as
ought to satisfy the surveyor general, or with respect to any toehr subject
or thing regulated by or comprised in this ordinance, the matter in
difference shall (unless otherwise specially provided for by this ordinance)
be settled by the governor-in-council, on the application of either party.
25 none of the said tramways shall be opened for publci traffic until
the same has bveen certified to be fit for such traffic by the surveyor
general or other officer duly appointed in writing for that purpose by
the governor-in-council, and the governor-in-council has, by notification
in the gazette, authorized the same to be opened for such traffic.
Cesser of Powers in certain events.
26-(1) in the following events, anmely,-
(a) if the company does not, within three yeas after the time at
which it might, under this ordinance, have commenced the construction
of any one or more of the tramways hereby authorized,
complete and open the same for public traffic; or
(b) if, within one year after the time aforesaid, the construction of
any one or more of such tramways is not, in the opinion of the
governor-in-council, substantially commenced; or
(c) if the construction of any one or more of such tramwasys that
sufficient, in the opinion of the governor-in-council, to warrant
such suspension,
the powers herby given to the company for constructing such tramways
so not completed or commenced, or so suspended as aforesaid, or otherwise
in relation thereto, shall cease to be exercised, unless the time is
prolonged by the governor-in-council, and, as to so much of each or any
of such tramways as is then completed, the governor-in-council may
allow the said powers to continue and to be exercised, if he thinks fit,
but, failing such permission, the same shall cease to be exercised, and where such permission is withheld, then so much of the said tramways
respectively as is then completed shall be deemed to be a tramway to
whcih all the provisions of this ordinance relating to the discontinuance
of tramways after proof of such discontinuance shall apply, and may be
dealt with accordingly.
(2) a notice published by the governor-in-council in the gazette
declaring that a tramway has not been completed and opened for public
traffic, or that the construction of the tramways, or any or either of
them, has not been substantially commenced within the time aforesaid,
or that such construction has been suspended without sufficient reason
shall be conclusive evidence for the purposes of this section of such non-
completion, non-commencement, or suspension.
Licences to use Tramways
27 if, at any time after any tramway, or part of any tramway, has
been for three years opened for public traffic, it is represented in writing
to the governor-in-council by twenty inhabitant retepayers of the
colony that the public are deprived fo the full benefit of any tramway
or part therof, the governor-in-council may (if he considers that prima
facie the case is one for inquiry) inquire into the matter, and, if satisfied
of the truth of the representation, may from the time to time grant licences
to any company or person to use such tramway in addtion to the company for
such traffic as is authorized by this ordiance, with carriages
to be approved of by the governor-in-council, subject to the following
provisions, conditions, and restrictions; that is to say,-
(1) the licence shall be for any period not less than one year or
more than three years from the date of the licence, but shall be
renewable by the governor-in-council, if he upon inquiry thinks fit;
(2) the licence shall be to use the whole of such tramways for the
time being opened for public traffic or such part or parts of such
tramways as the governor-in-council, having reference to the
cause for granting the licence, may think right;
(3) the licence shall direct the number of carriages which the licensee
or licensees shall run upon such tramway, and the mode in
which and the times at which such carriages shall be run;
(4) the licence shall specify the tolls to be paid to the company, or
to its lessees, by the licensee or licensees, for the use of the
tramways;
(5) the licensee or licensees, and his or their officers or servants, shall
permit one person, duly authorized for that purpose by the company
or its lessees, to ride free of charge in or upon each carriage
of th licensee or licensees run upon the tramways for the




whole or any part of the journey; and
(6) the governor-in-council may, at any time after the granting of
the licence, revoke, alter, or modify the same for good cause shown
to him.
28 if, on demand, any licensee fails to pay the tolls due in respect
of any passengers carried in any carriage, it shall be alwful for the
company or its lessees to whom the same are payable to detain
and sell succh carriage, or, if the same has been removed from the
tramway or premises of the company or its lessees, to detain and sell
any other carriages on such tramway or premises belonging to such
licensee, and out of the moneys arising from such sale to retain the tolls
payable as aforesaid and all charges and expenses of such detention and
sale, rendering the overplus, if any, of such moneys, and such of the
carriages as may remain unsold, to the person entitled thereto.
29 every licensee shall, on demand, give to an officer or servant,
authorized in that behalf by the company or its lessees entitled to be
paid tolls by such licensee, and exact account in writing, signed by such
licensee, of the number of passengers conveyed by any and every carriage
used by him on the tramways.
30 if any such licensee fails to give such account to such officer or
servant demanding the same as aforesaid, or if any such licensee, with
intent to avoid the payment of any tolls, gives a false account, he shall
for every such offence forfeit to the company or its lessees entitled
to be paid tolls by such licensee a sum not exceeding fifty dollars, and
such penalty shall be in addition to any tolls payable in respect of the
passengers carried by any such carriage.
31 if any dispute arises concerning the amount of the tolls due to the company
or its leessees from any license, or concerning the
provisions herein contained, the same shall be settled by summary
procedure before a magistrate in the manner hereinafter provided for
the recovery of unpaid tolls, penalties, and forfeitures, and it shall be
lawful for the company or its lessees in the meanwhile to detain the
carriage or, if the case so requires, the proceeds of the sale thereof.
32. every licensee shall be answerable for any trespass or damage
done by this carriages or hosres or by any of the servants or persons
employed by him to or upon the tramway or to or upon the property of
any other person; and, without prejudice to the right of action against
the licensee or any other person, every such servant or other person may
lawfully be convicted of such trespass or damage before a magistrate,
and, on such conviction, every such licensee shall pay to the company,

lessees, or persons injured, as the case may be, the damage, to be ascertained by
such magistrate, so that the same does not exceed two hundred
and fity dollars.
Discontinuance of Tramways.
33-(1) if, at any time after the opening of any tramway for traffic,
the company discontinues the working of such tramway or of any part
thereof for the space of six months, (such discontinuance not being
occasioned by circumstances beyond the control of the company, for
which purpose the want of sufficient funds shall not be considered a
circumstance beyond its control), and such discontinuance is proved to
the satisfaction of the governor-in-council, the governor-in-council
may, by order, declare that the powers of the company in respect of such
tramway, or the part therof so discontinued, shall, from the date of such
order, be at an end, and thereupon the same are purchased by the government in the manner
provided by this ordinance.
(2) where any such order has been made, the surveyor general may,
at any time after the expiration of two months from the date of such
order, under the authority of a certificate to that effect by the governor-in-council,
remove the tramway or part of the tramway so discontinued,
and the company shall pay to the surveyor general the cost of such
removal and of the amking good of the road by the surveyor general,
such cost to be certified by the surveyor general, whose certificate shall
be final and conclusive.
(3) if th company fails to pay the amount so certified within two
months after delivery to it of such certificate or a true copy thereof, the
surveyor general may, without any previous notice to the company
(but without prejudice to any other remedy which he may have for the
receovery of the amount), sell and dispose of the materials of the tramway
or part of the tramway removed, either by public auction or private sale
and for such sum or sums and to such person or persons as he may think
fit, and may, out of the proceeds of such sale, reimburse himself the
amount of the cost certified as a foresaid and of the cost of sale, and the
balance, if any, of the proceeds of sale shall be paid to the company.
Insolvency of company.
34 if, at any time after the opening of any tramway for tarffic, it apperas
to the governor-in-council taht the company is insolvent, so that
it is unable to maintain such tramway or work the same with advantage
to the public, the governor-in-council may inquire into the financial
affairs of the company, and if the governor-in-council is of opinion that
the company is sos insolvent as aforesaid, he may, by order, declare that the powers of the company shall, at the expiration of six months from
the making of the order, be at an end, and the powers of the company
shall cease and determine at the expiration of the said period, unless the
same are purchsed by the government in the manner provided by this
ordinance, and thereupon the surveyor general may remove the tramway
in like manner and subject to the same provisions as the payment
of the cost of such removal,, and to the same remedy for recovery of
such cost in every respect, as in cases of removal under the last pre-
ceding section.
Purchase of Tramways.
35-(1) the governor-in-council may, within six months after the expiration
of a period of twenty-one years from the time when the company
was empowered to construct the said tramways, and within six
months after the expiration of every subsequent period of seven years, or
within three months after any order made by the governor-in-council
under either of the last two preceding section, by notice in writing require
the company to sell, and thereupon the company shall sell, to the government
its undertaking, on the terms of paying the then value (exclusive
of any allowance for past or futujre profits of the undertaking or any compensation
for compulsory sale or other consideration whatsoever) of the
tramways, and all lands, buildings, works, materials, and plant of the
company suitable to and used by it for the purposes of its undertaking,
such value to be, in case of difference, determined upon petition
to the court in a summary way.
(2) when any such sale has been made, all the rights, powers, and
authorities of the company in respect of the undertaking sold, or, where
any order has been made by the governor-in-council under either of the
last tow preceding sections, all the rights, powers, and authorities of the company
previous to the making of such order in respect of the undertaking
sold, shall be transferred to, vested in, and may be exercised by
the government.
Motive Power
36 the carriages used on tramways Nos. 1,2,3,4,and 5 may be moved
by animal, steam, or any mechanical power: provided always
that the exercise of the powers by this section conferred with respect to
the use of steam or any mechanical power shall subject to the regulations
set forth in the first schedule to this ordinance, and to any regulations
which may be added hereto or substituted therefor by any order which
the governor-in-council is hereby empowered to make
from time to time, as and when he may think fit, for securing to the
public all reasonable protection against danger in the exercise of the




powers hereby conferred with respect to the use of steam or any mechanical
power on the said tramways: provided, also, that before the
company or any person uses steam or any mechanical power under
this ordinance, it or he shall give tow motnhs' previous notice of its or
his intention to do so the governor-in-council.
37 the carriages used on tramway no.6 may be moved by means
of locomotive or stationary engies and steel-wire ropes, or by such
other mechanical power as the governor-in-council may approve of.
38 every carriage used on any of the tramways shall be so con-
structed as to provide for the safety of passengers and for their safe
entrance to, and exit from, and accommodation in such carriage and
their protection from the machinery used for drawing or propelling such
carriage.
39 the surveyor general, or any officer or officers appointed for
that purpose by the governor-in-council in writing, may from time to
time inspect any engine or carriage used on any of the tramways and
the machinery therein, and also any rope or other machinery ofthe said
tramways, and report thereon; and the governor-in-council may, by
order, prohibit the use on the tramways, or any of them, of any such
engine, carriage, rope, or machinery which may be determined to be
unsafe or unfit for use.
40-(1) the company or any person using steam or any mechanical
power on any of the tramways contrary to the provisions of this ordinance, or
(where the same are applicable )to any of the regulations set
forth in the first schedule to this ordinance, or to any regulations added
thereto or substituted therefor as aforesaid, shall for every such offence
be subject to a penalty not exceeding fifty dollars, and also, in the case
of a continuing offence, a further penalty not exceeding twenty-vie dollars
for every day after the first during which such offence continues: provided
that, whether any such penalty has been recovered or not, the governor-in-council,
in case it is determined that the company or any
person using steam or any mechanical power on the tramways under the
authority of this ordinance has made default in complying with the
provisions of this ordinance, or (where the same are applicable) with
any of the regulations set forth in the first schedule to this ordinance,
'or with any regulations which may have been added thereto or substitutedd
therefor as aforesaid, may, by order,direct the company or such
person to cease to exercise the powers aforesaid, and thereupon the company
or such perosn shall cease to txercise the powers aforesaid, and
shall not again exercise the same except with the authority of the
governor-in-council.

(2) in every such case the governor-in-council shall make a special
report to her majesty's principal secretary of state for the colonies
notifying the making of such order.
41 where a bouble line of rails is laid, every engine and carriage
travelling in one direction over one of such double lines shall pass every
engine and carriage travelling in the oppoiste direction over the other
of such double lines on its right side, except that, where necessary, any
engine or carriage may from time to time pass and repass from one line
to the other.
Regulations and By-laws.
42-(1) subject to this ordinance, the governor-in-council may from time to
time make, and, when made, may reseind, annul, or add
to, regulations with regard to any of the tramways for regulating the
working and control of the tramways as well as for any of the following
purposes; that is to say,-
(a) for regulating the sue of the warning appaaratus affixed to the
engines;
(b) for regulating the emission of smoke or steam fro mthe engines;
(c) for providing that engines and carriages shall be brought to a
stand at such places, and in such cases of impending danger, as
the governor-in-council may deem proper for securing safety;
(d) for regulating the entrance to, exti from, and accommodation
in the carriages and the protection of passengers from the
machinery of any engine used for drawing or propelling such
carriages;
(e) for regulating the rate of speed of the engines and carriages:
provided that the speed as regards tramways nos. 1,2,3, and 4
shall not (unless another rate is authorized by the governor-in-council
under the authority of this section) exceed the rate
of eight miles an hour, and, as regards tramways nos. 5 and 6,
shall not exceed the rate of ten miles an hour, and that no
engine or carriage may pass through movable facing paoints at
a pace exceeding the rate of four miles an hour: provided, also,
that, as regards tramways nos. 1,2,3, and 4, the governor-in-council
may, if he thinks fit to do so, authorize the maximum
rate of speed to be increased to a rate not exceeding the rate of
ten miles an hour;
(f) for the stoppig of carriages using the tramways;
(g) for providing for the du publicity of all regualtions and by-
laws for the time being relating to the tramways, by exhibition
thereof in conspicuous place; and (h) for providing for the safety of the public in all cases in which
it may appear to the governor-in-council that such safety is or
is likely to be endangered or imperilled.
(2) subject to this ordinance, the company may from time to time
make by-law-
(a) for preventing the commission of any nuisance in or upon any
carriage or in or against any premises belonging to the company;
and
(b) for regulating the travelling in or upon any carriage belonging
to the company,
and from time to time repeal or alter such by laws and make new by-laws.
(3) notice of the making of any regulations by the governor-in-council
or of any by-laws by the company shall be published once in
two consecutive weeks in the gazette, within one month after the making thereof.
(4) a true copy of every by-law shall, one month at least before the
same shall come into operation, be sent to the governor by the company.
43 andy such regulation or by-law may impose penalties for offences
against the same, not exceeding ten dollars for each offence, with or
without penalties for continuing offences, not exceeding for any continuing
offence five dollars for every day during which the offence continues;
but all by-laws shall be so framed as to allow in every case part only of
the maximum penalty being ordered to be paid.
Carriages and Engines.
44-(1) the company may ise on its tramways carriages with
flange-wheels or wheels suitable only to run on the rails of its tramways,
and, subject to this ordinance, the company shall have the exclusive use
of its tramways for carriages with flange-wheels or other wheels suitable
only to run on the said rails.
(2) no carriage or engine used on any of tramways nos. 1,2,3,4, and
5 shall exceed six feet four inches in width.
Power to sell Undertaking
45-(1) subject to the approval of the governor-in-council being
first obtained (but not otherwise), the company may, at any time and
from time to time, sell, assign, or absolutely dispose of its undertaking,
or any part or parts thereof, to such person or persons, corporation or
company, by public auction or private contract or partly by public
auction and partly by private contract, and with, under, and subject to
such terms and conditions in all respects as the company may think fit,
with power at any such sale to fix a reserve price for or buy in the same.
(2) when any such sale, assignment, or absolute disposal has been
made, all the rights, powers, authorities, obligations, and libailities of
the company in respect to the undertaking, or part of parts thereof,
sold, assigned, or absolutely disposed of shall be transferred to, vested
in, and may be exercised by, and shall attach to, the person or person,
corporation or company, to whom the same has or have been sold,
assigned, or absolutely disposed of, in like manner as if the undertaking,
or part or parts thereof, sold, assigned, or absolutely disposed of was or
were constructed by such person or persons, corporation or company,
under the powers conferred upon him or thme or it by this ordinance,
and in reference to the same he or they or it sahll be deedmed to be the
company.
Power to let Undertaking
46 subject to the approval of the governor-in-council being first
obtained (but not otherwise), in the company may, at any time and from
time to time, demise its undertaking, or any partor parts threof, to
such person or persons, corporation or company, for such term or terms
of years, or from year to year, or for any less period, and for such rent
or rents, and on such terms and conditions in all respects as the company
may think fit to adopt, to take effect either in possession or at
some futrue date, and either with or without a premium or premiums as
a consideration or considerations for such demise or demsides.
Power to mortgage Undertaking.
47 it shall be lawful for the company, at any time or from time to
time, to borrow money on mortgage of all or any part of its undertaking,
and for that purpose to assign or demise by way of mortgage all or any
portion of its lands, messuages, or tenements, erections, buildings, workks,
rolling stock, plant, machinery, chattels, and effects to any person or
persons, corporation or company, and to enter into all such convenants,
provisoes, declarations, and agreements as th company may think fit or proper.
Privilege of Government.
48 the governor-in-council may, at any time ortimes and at all
times, by order, direct that precedence over the company and all other
persons in the useer of the tramways hereby authorized, or any or either
of them, be taken for defensive or military purposes or for the passage
of troops and war material, on giving the company, on each occasion
of such user, three clear days' notice.
49 the governor-in-council shall direct the paymetn to the company for
such user as aforesaid of such tolls as may be agreed on, or, if
no agreement is come to, then the amount of such tolls to be paid shall
be determined upon petition to the court in a summary way.
Traffic upon Tramways.
50 the tramways may be used for the purpsed of conveying passengers,
animals, good, merchangdise, minerals, and parcels.
51 save and except passengers' luggage not exceeding sixteen
pounds in weight or one cubic foot in measurement, the company shall
not be bound to carry, unless it thinks fit, any animals, goods, merchandise,
minerals, or parcels.
Tolls.
52-(1) the company may demand and take for passengers the
tolls or charges specified in the second schedule to this ordinance, including
tolls for the use of the tramways and of carriages and for
motive power, and every other expense incidental to the conveyance of
passengers.
(2) a list, printed in the english and chinese languages, of all the
tolls and charges authorized to be taken shall be exhibited in a conspicuous
place at the offices of the company and inside and outside each
of the carriages used upon the tramways: provided that, if there is any
variation between the english and chineses prints of the said list, the
english print thereof shall prevail.
53-(1) every fare paid by every passenger for travelling upon
tramways nos. 1,2,3, and 4, or any of them or any part thereof, shall
entitle such passenger to travel any distance on all or any of the said
last-mentioned tramways, once, on the day on which such passengeer so
travels, in the same direction continuously, and without leaving the carriages,
but for no further distance, or on any tramway other than tramways
nos. 1,2,3, and 4, or more thatn once, or on any other day, or in
any other direction, or to leave and re-enter the carriages.
(2) every fare paid by every passenger for travelling upon tramway No.5, or
any part thereof, shall entitle such passenger to travel any
distance on the said last-mentioned tramway, once, on the day on
which such passenger so travel, in the same directin continuously, and
without leaving the carriages, but for no further distance, or on any
tramway other than tramway no.5, or more than once, or on any other
day, or in any other direction, or to leave and re-enter the carriages.
(3) every fare paid by every passenger for travelling upon tramway no.6,
or anuy part thereof, shall entitle such passenger to travel any
distance on the said last-mentined tramway, once, on the day on which
such passenger so travels, in the same direction continuously, and without

leaving the carriages, but for no further distance, or on any tramway
other than tramway no.6, or more thatn once, or on any other day,
or in any other direction, or to leave and re-enterthe carriages.
54 if the carriages during any journey contain their authorized
complement of passengers, the company shall not be bound to find accommodation
for any other passenger, notwithstanding that such other
passenger may have purchased a ticket or tickets entitling him to travel on the tramways
or any of them.
55-(1) no passenger may take on any of the tramways his personal
luggage other thatn small hand baskets, bags, or parcels, any one
of which shall not exceed sixteen pounds in weight or one cubic foot in
measurement.
(2) all such personal luggage shall be carried by hand, and at the
responsibility of th passenger, and shall not occupy any part of a seat,
nor be of a form or description to annoy or inconvenience other passengers.
56 the company may demand and take, in respect of any animals,
goods, merchandise, minerals, or parcels conveyed by it on the tramways,
except as is specially provided by this ordinance, including the tolls
and charges for the use of the tramways, and for wagons or
trucks, and for motive power, and evry expense incidental to such
conveyance, any tolls or charges, not exceeding the tolls and charges
specified in the third schedule to this ordinance, subject to the regulations
therein contained.
57 the said tolls and charges shall be paid to such persons, and at
scuh place, and in such manner as the company may, by notice annexed
to the list of tolls, appoint.
Abandonment of Undertaking
58 if the company abandons its undertaking, or any parts
thereof, and takes up tramways nos. 1,2,3,4, and 5, or any or either of them,
it shall, with all convenient speed and in all cases within eight
weeks at the most(unless the surveyor general otherwise consents in
writing), fill in the gournd and make good the surface, and, to the
satisfaction of the surveyor general, restore the portion of the road upon
whcih such last-metnioned tramways, or such or them as are abandoned,
were laid to as good a condition as that in which it was before such
tramways were laid thereon, and clear away surplus paving, or metalling
material, or rubbish occasioned by such work, and it shall in the
meaantime cause the place where the road is opened or broken up to be
fenced and watched and to be properly lighted at lighted at night: providied
always that if the company fails to comply with the provisions of this

section, the surveyor general, if he thinks fit, may himself at any time,
after seven days' notice to the company remove the tramways, and do
the work necessary for the restoration of the road, to the extent provided
for in this secion, and the expense incurred by the surveyor
general in so doing shall be re-paid to him by the company.
Offences.
59 every person who wilfully obstructs any person acting under the
authority of the company in the lawful exercise of any of the powers
hereby conferred, or defaces or destroys any mark made for the purpose
of setting out the line of any tramway, or damages or destroys any property
of the company, shall for every such offence be liable to a penalty
not exceeding twenty-five dollars.
60 every person who, without lawful excuse (the proof whereof
shall lie on him), wilfully does any of the follwoing things, namely,-
(1) interferes with, removes, or alters any part of a tramway or of
the works connected therewith; or
(2) places or throws any stones, dirt, wood, refuse, or other materials
on any part of a tramway; or
(3) does or causes to be done anything in such manner as to obstruct
any carriage using a tramway or to endanger the lives of persons
therein or thereon; or
(4) knowingly aids or asists in the doing of any of such things,
shall for every such offence be liable (in addition to any proceedings by
way of indictment or otherwise to which he may be subject) to a penalty
not exceeding twenty-five dollars.
61 every person who,-
(1) while travelling or having travelled in any carriage, avoids or
attempts to avoid payment of his fare; or,
(2) having paid his fare for a certain distance, knowinly and wilfully
proceeds i nany such carriage beyond such distance and
does not pay the additional fare for the additional distance, or
attempts to avoid payment thereof; or
(3) knowingly and wilfully refuses or neglects, on arriving at the
point to which he ahs paid his fare, to quit such carriage,
shall for every such offence be liable to a penalty not exceeding ten
dollars.
62 it shall be lawful for any officer or servant of the company, and
all persons called by him to his assistance, to sezie and detain any person
discovered either in or immediately after committing or attempting to
commit any such offence as is mentioned in the last preceding section, and whose name or
residence is unknow to such officer or servant, until
such person can be conveniently taken to a police station for safe
custody and detained until he is discharged by due course of law.
63 no person shall be entitled to carry tr to require to be carried on
any tramway any goods which may be of a dangerous nature, and if any
person sends by any tramway any such goods, without distinctly marking
their nature on the outside of the package containing the same or otherwise
giving notice in writing to the book-keeper or other servant with
whom the same are left, at the time of such sending, he shall for every
such offence be liable to a penalty not exceeding one hundred dollars,
and it shall be lawful for the company to refuse to take any parcel
that it may suspect to contain goods of a dangerous nature, or require the
same to be opened to ascertain the fact.
64 if any person (except under the authority of this ordinance ) uses
any of the said tramways with carriages having flange wheels or other
wheels suitable only to run on the rail of such tramway, he shall for every such
fooence be liable to a penalty not exceeding one hundred
dollars.
Purchase of Lands by Agreement.
65 subject to the provisions of this ordinance, it shall be lawful
for the company to agree with the owners of any lands which may be
required for the purposes of this ordinance, and with all parties having
any estate or interest in such lands or by this ordinance enabled to sell
and assign the same, for the absolute purchase for a consideration in
money of any such lands, or such parts thereof as it may think proper,
and of all estates and interests in such lands of what knid soever.
66 it shall be lawful for all parties, being seized, possessed of, or
entitled to any such lands or any estate or interst therein, to sell and
assign or release the same to the company, and to enter into all necessary
agreements for that purpose, and particularly it shall be alwful for all or
any of the following parties, so seized, possessed, or entitled as aforesaid,
so to sell, assign, or release, tht is to say, all corporations, tenatns in tail
or for life, married women seized in their own right, gurardinas, committees
of lunatics and idiots, trustees in trust for charitable or other purposes,
executors and administrators, and all parties for the time being
entitled to the receipt of the rents and profits of any such lands in possession,
or subject to any lease for life, or for lives and years, or for years,
or for any less interst; and the power so to sell and assign or release as
aforesaid may lawfully be exercised by all such parties, other than lessees
for life, or for lives and years, or for years, or for any less interest, not only
on behalf of themselves and their respective heirs, executors, administrators,
and successors, but also for and on behalf of every person entitled in reversion, remainder, or expectancy after them, or in defeasance of the
estates of such parties, and, as to such married women, whether they are
of full age or not, as if they were sole and of full age, and as to such
guardians on behalf of their wards, and as to such committees on behalf
of the lunatics and idiots of whom they are the committees respectively,
and that to the same extent as such wives, wards, lunatics, and idiots
respectively could have exercised the same power under the authoirty of
this ordinance if they had respectively been under no disability, and as
to such trustees, executors, and administrators on behalf of their cestuique
trustent, whether infants, issue unborn, lunatics, femes covert, or
other persons, and that to the same extent as such cestuique trustent
respectively could have exercised the same powers under the authority
of this ordinance if they had respectively been under no disability.
67 the power to release lands from any rent charge or incumbrance,
and to agreee for the apportionment of any such rent charge or incumbrance,
shall extend to and may lawfully be exercised by every party
hereinbefore enabled to sell and assign or release lands to the company.
68-(1) the purchase money or compensation to be paid for any
lands to be purchased or taken from any party under any disability or
incapacity and not having power to sell or assign such lands, except
under the provisions of this ordinance, and the compensation, if any,
to be paid for any permanent damage or injury to any such lands,
where such party has agreed to the amount to be paid, shall not be less
than is approved by the court or a judge, upon the petition to the
court in a summary way of any of the parties interested.
(2) all purchase money and compensation recovered under or by
virtue of this section shall be paid into court for the benefit of the parties
interested.
Purchase of Lands otherwise than by Agreement.
69-(1) before it shall be alwful for the company to put in force
any of the powers of this ordinance in relation to the compulsory taking
of lands for the purposes of the undertaking, or to open or break u any
roads, the company shall satisfy the governor-in-council that one-third
part at least of the capital or estimated sum for defraying the expenses of
the undertaking ahs been subscribed under contract binding the parties
thereto, their heirs, executors, and administrators, for the payment of the
several sums by thme respectively subscribed.
(2) a certificate of the governor, published in the gazette, shall be
conclusive evidence that such amount has been duly subscribed.
70-(1) when the company requires to purchase or take any of the
lands more particularly mentioned and set out in the fourth sche-

dule to this ordinance, it shall give notice thereof to all the parties
interested in such lands, or to the parties enabled by this ordinance to
sell and assign or release the same, or to such of the said parties as may,
after diligent inquiry, be known to the company, and by such notice
shall demand from such parties the particulars of their estate and interest
in such lands and of the claims made by them in respect thereof.
(2) every such notice shall state the particulars of the lands so
required, and that the company is willing to treat for the purchase
thereof, and as to the compensation to be made to all parties for the damage
that may be sustained by them by reason of the execution of the
works.
71 within twenty-one days after the service of such notice (exclusive of the
day of service), every party on whom the same is served shall
give notice to the company stating the particulars of his claim in respect
of any such land and the compensation which he is willing to accept for
the same.
72 wihtin twenty-one days after the service on the company of such
last mentioned notice (exclusive of the day of service), the company
shall in writing state to the party giving the same whether or not it will
pay the compensation required by such party, and, if not, then the company
shall state what compensation it is willing to pay to such party,
and, within twenty-one days after the service on such party by the company of
such intimation (exclusive of the day of service), such party shall
give notice to the company whether or not he will accept the compensation
that the compnay is willing to pay.
73 if the company or any such party as aforesaid fails to serve the
said respective notice aforesaid within the respective times aforesaid,
or if no agreement is come to between the company and the owners of
or parties by this ordinance enabled to sell and assign or release any of
the lands mentioned in the said fourth schedule and taken or required
for, or injuriously afftected by the execution of, the undertaking, or any
interest in such lands, as to the value of such lands or of any interest
therein, or as to the compensation to be made in respect thereof, or for
any damage that may be sustained by reason of the execution of the
works, the amount of such value, compensation, or damage shall be
determined by an action to be instituted in the court in its original
jurisdiction.
74 every such action shall be commenced by a writ of summons
headed compensation under the tramways ordinance, 1883, and shall be
issued by the Registrar of the Court on the filling by the Company of a
praceipe for the same, or on the filing thereof by the party claiming com-
pensation, if the company does not, within fourteen days after service on
it by such party of a notice requiring it to do so, file its praecipe for such
wrti.
75 the plaintiff shall be at liberty to make on the writ of summons
and copy therof a special indorsement, which indorsement may be in
the form in the fifth schedlue to this ordinance or as near therto as
the circumstances of the case will admit of.
76-(1) after the appearance of the defendant to a writ specially
indorsed or in case of non-appearance, apply by summons in chambers
for a reference to the Registrar to ascertain the amount of such
value, compensation, or damage as aforesaid, and thereupon the Judge
may make such order as he may think fit.
(2) if the company does not make such application within the time
aforesaid, the other party may, within five days after the expiration of
such seven days, make such application.
77 except as is herein otherwise provided, the paractice to be followed
in every such action as aforesaid, and the proceedings therein,
shall be the same as the practice and proceedings for the time being
obtaining in actions in the court in its orginal jurisdiction, save tha,
if it appears to the court or a Judge that no question is in issue between
the parties beyond the amount of compensation to be awarded, it shall
not be necessary to file any written pleadings, but the Court of Judge
may make such order on the confirmation of the Registrar's report as to
it or him may seem just, and the costs of the action shall be in the discretion
of the court, unless the same or a less sum than has been offered
by the Company is directed to be paid by it, in which case each party
shall bear his own costs.
78 the purchase money or compensation to be paid for any of the
lands mentioned in the said Fourth Schedule and required to be purchased
or taken by the Company from any aprty who, by reason of
absence from the colony, is prevented from treating, or who cannot
after diligent inquiry be found, shall be determined upon petition to the
Court in a summary way, and the expenses thereof and incident thereto
shall be borne by the Company.
79 in estimating the purchase money or compensation to be paid by
the Company in any of the cases aforesaid, regard may be had not only
to the value of the land to be purchased or taken by the Company, but
also to the damage, if any, to be sustained by the owner of the lands by
reason of the severing of the lands taken from other lands of such owner
or of such other lands being otherwise injuriously affected by the exer- cise of the powers of this ordinance, and to the fact that the lands taken
are so taken from such owner compulsorily.
80 when the compensation payable in respect of any of the lands
mentioned in the said Fourth Schedule, or any interest therein, has
been ascertained and paid into Court under the provisions herein contained,
by reason that the owner of or party entitled to assign such
lands or such interest therein as aforesaid could not be found or was
absent from the Colony, if such owner or party is dissatisfied with such
determination, it shall be lawful for him before he applies to the
Court for payment out or investment of the moneys so paid into Court,
by notice in writing to the Company, to require the question of such
compensation to be determined by an action to be institiuted inthe
Court in its original jurisdiction in the same manner as is hereinbefore
provided for in other cases of disputed compensation, and thereupon
the same shall be so determined accordingly.
81 the question to be determined in the case last aforesaid shall be
whether the said sum so paid into Court as aforesaid by the Company
was a sufficient sum or whether any and what further sum ought to be
paid into Court by the Company.
82 if it is determined that a further sum ought to be paid into Court
by the Compnay, the Company shall so pay such further sum within
fourteen days after such determination or, in default thereof, the same
may be enforced by attachement or recovered, with cost, by action.
83 if it is determined that the sum so paid into Court was sufficient,
the costs of and incident to the inquiry shall be in the discretion of the
Court, but if it is determined that a further sum ought to be paid into
Court by the Company, all the costs of any incident to the inquiry shall
be borne by the Compnay.
84 if any party is entitled to any compensation in respect of any
of the lands mentioned in the said Fourth Schedule, or of any interest
therein, which has been taken for or injuriously affected by the execution
of the works, and for which the company has not made satisfaction
under the provisions of this Ordinance, such compensation shall be determined,
where no agreement has been come to between such party
and the company, by an action to be instituted in the court in its
original jurisdiction in the same manner as is hereinbefore provided for
in other cases of disputed compensation.
Application of Compensation.
85 if the purchase money or compensation which is payable in
respect of any of the lands mentioned in the said Fourth Schedule,



or of any interest therin, purchased or taken by the company from any tenant for life
or in tail, married woman seized in her own right,
guardian, committee of lunatic or idiot, trustee, executor or administrator,
or person having a partial or qualified interest only in such
lands, and not entitled to sell or assign the same except under the
provisions of this ordinance, or the compensation to be paid for any
permanent daage to any such lands, exceeds the sum of one thousand
dollars, the same shall be paid into Court, suject to the orders of the
Court, and such moneys shall remain in Court until the same are applied
to some one or more of the following purposes; that is to say,-
(1) in the discharge of any debt or incumbrance affecting he lands
in respect of which such money has been paid or affecting othe
lands settled therewith to the same or the like uses, trusts, or
purposes; or
(2) in the purchase of other lands to be assigned, limited, and
settled upon the like uses, trusts, and purposes, and in the same
manner, as the lands in respect of which such money has been
paid stood settled; or,
(3) if such money has been paid in respect of any buildings taken under
the authority of this Ordinance or injured by the proximity of
the works, in removing or re-placing such buildings or substituting
others in their stead, in such manner as the Court may
direct; or
(4) in payment to any party becoming absolutely entitled to such
money.
86 such moeny may be so applied as aforesaid upon an order of
the Court or a Judge, made on the petition of the party who would
have been entitled to the rents and profits of the lands in respect
of which such money has been paid into Court; and until the money
can be so applied, it may, upon the like order, be invested by the
Registrar in or upon any securities or investments authorized by the
Court or a Judge, and the interest, dividends, and annual proceeds
thereof paid to the party who would for the time being hve been
entitled to the rents and profits of the lands.
87-(1) if the purchase money or compedsation does not exceed
the sum of one thousand dollars and exceeds the sum of one hundred
dollars, the same shall either be paid into Court and applied in the
manner hereinbefore directed with respect to sums exceeding one
thousand dollars or the same may lawfully be paid to two trustees, to
be nominated by the parties entitled to the rents or profits of the lands
in respect whereof the same is payable, such nomination to be signified
by writing under the hand of the parties so entitled; and, in case of the coverture, infancy, lunacy, or other incapacity of the parties entitled to
such moneys, such nomination may lawfully be made by their respective
husbands, guardians, committees, or trustees; but such last-mentioned
application of the moneys shall not be made unless the Company approves
thereof and of the trustees named for the purpose.
(2) the money so paid to such trustees, and the produce arising
therefrom, shall be applied by such trustees in the manner hereinbefore
directed with respect to money paid into Court, but it shall not be
necessary to obtain any order of the Court for that purpose.
88 if such money does not exceed the sum of one hundred dollars,
the same shall be paid to the parties entitled to the rents and profits of
the lands in respect wherof the same is payable, for their own use and
benefit, or, in case of the coverture, infacy, idiotcy, lunacy, or other incapacity of
any such parties, then such money shall be paid, for their
use, to the respective husbands, gurdians, committees, or trustees of
such persons.
89 all sums of money exceeding one hundred dollars which may be payable by the
Company in respect of the taking, using, or interfering
with any lands under a contract or agreement with any person who is
not entitled to dispose of such lands, or of the interest therein contracted
to be sold by him, absolutely for his own benefit, shall be paid into Court
or to trustees in manner aforesaid.
90 where any purchase money or compensation paid into Court
under the provisions of this Ordinance has been so paid in respect of any
interest less than the whole interest granted by an Crwon lease, it shall
be lawful for the Court or a Judge, upon the petition to the Court in a
summary way of any party interested therein, to order that the same shall
be laid out, invested, accumulated, and paid in such manner as the Court or
such Judge may consider will give to the parties intersted in such money
the same benefit thereform as they might lawfully have had from the
interest in respect of which such money has been paid, or as near thereto
as may be.
91-(1) On payment in manner hereinbefore provided of the purchase money or compensation
agreed or determined to be paid in respect
of any of the lands mentioned in the said Fourth Schedule and purchased
or taken by the Company under the provisions of this Ordinance,
the owner of such lands, including in such term all parties by this
Ordinance enabled to sell or assign lands, shall, when requied to do so
by the Company, duly assign such lands to the Company or as it may
direct.


(2) in default thereof or if he fails to adduce a good title to such
lands to its satisfaction, it shall be lawful for the company, if it
thinks fit, to prepare a deed of conveyance, assignment, or assurance of
such lands to itself, containing a description of the lands in repect of
which such default has been made, and reciting th purchase or taking
thereof by the Company, and the names of the parties from whom the
same were purchased or taken, and the payment made in respect thereof,
and declaring the fact of such default having been made, and to tender
such deed, after the same has been stamped with the stamp duty which
would have been payable on an assignment to the company of the lands
described therein, to the Registrar for execution on behalf of the owner
and other, if any, the conveying, assigning, or assuring parties, and
thereupon the Registrar shall upon an order of the Court to be obtained
on petition in a summary way, execute the same, and all the estate and
interest in such lands of, or capable of being sold and assigned by, the
party between whom and the Company such purchase money or
compensation has been determined as herein provided, and has been paid
as aforesaid, shall vest absolutely in the Compnay, and as against such
parties, and all parties on behalf of whom it it hereinbefore enabled
to sell and assign, the company shall be entitled to immediate possession
of such lands.
92 if the owner of any of the lands mentioned in the said Fourth
Schedule and purchased or taken by the Company, or of any interest
therein, on tender of the purchase money or compensation which has
been determined in manner aforesaid to be payabe in respect thereof,
refuses to accept the same, or neglects or fails to make out a title to such
lands or to the interest therein claimed by him, to the satisfaction of the
Company, or if he refuses to assign or release such lands as directed by
the Company, or if hie is absent from the colony, or cannot after diligent
inquiry be found, or fails to appear on the inquiry herein provided for,
it shall be lawful for the Company to pay the purchase money or compensation
payable in respect of such lands, or any interest therein, into
Court, subject to the control and di8sposition of the Court.
93 On any such payment into Court as last aforesaid being made,
it shall be lawful for the Company, if it thinks fit, to prepare a deed of
conveyance, assignment, or assurance of the last-mentioned lands to itself,
containing a description of the lands in respect whereof such payment
has been made and declaring the circumstances under which such payment
has been made, and to tender such deed, after the same has been
stamped with the stamp duty which would have been payable on an
assignment to the Company of the lands described therein, to the


Registrar for execution of behalf of the owner and other, if any, the
conveying, assigning, or assuring parties, and thereupon the Registrar
shall, upon an order of the Court to be obtained on petition in a summary
way, execute the same, and all the estate and interest in such lands of
the parties for whose use and in respect therof such purchase money
or compensation has been so paid shall vest absolutely in the Company,
and, as against such parties, the Company shall be entitled to immediate
possession of such lands.
94 on the application by petition of any party making claim to the
money so paid into Court as last aforesaid or any part thereof, or to
the lands in respect whereof the same has been so paid, or any part of
such lands, or any interest in the same, the Court or a judge may, as to
it or him may seem fit, order such money to be laid out or invested in
or upon any securities or investments authorized by the Court or a
Judge, or may order distribution thereof, or payment of the dividentds
thereof, according to the respective estates, titles, or interests of the
parties making claim to such moeny or lands or any part thereof, and
may make such other order in the premises as to the Court or such
Judge may seem fit.
95 if any question arises respecting the title to the lands in respect
whereof such money has been so paid into Coiurt as aforesaid, the parties
respectively in possession of such lands, as being the owners thereof or
in receipt of the rents of such lands, as being entitled thereto at the
time of such lands being purchased or taken, shall be deemed to have
been lawfully entitled to such lands, until the contrary is shown, to the
satisfaction of the Court or a Judge, upon petition in a summary way,
and, unless the contrary is shown as aforesaid, the parties so in possession,
and all parties claiming under them or consistently with their
possession, shall be deemed entitled to the money so paid into Court
and to the dividends or interest therof, and the same shall be paid and
applied accordingly.
96 in all cases of money paid into Court under the provisions of
this Ordinance, except where such money has been so paid in by reason
of the wilful refusal of any aprty entitled thereto to receive the same
or to assign or release the lands in respect whereof the same is payable,
or by reason of the wilful neglect of any party to make out a good title
to the land required, it shall be lawful for the Court to order the costs
of the following matters, including therein all reasonable3 charges and
expenses incident thereto, to be paid by the company, that is to say,
the costs of the purchase or taking of the lands or which have been
incurred in consequence thereof, other than such costs as are herein
otherwise provided for, and the costs of the investment of such money in manner provided by this Ordinance and of the re-investment thereof
in the purchase of other lands, and also the costs of obtaining the
proper orders of any of the purposes aforesaid, and of the orders for
the payment of the dividends and interest of the securities on which
such money is invested, and for the payment out of Court of the principal
of such moeny or of the securities whereon the same is invested, and of
all proceedings relating thereto, except such as are occasioned by litigation
between adverse claimants: provided alwsay that the costs of one
application only for re-investment in land shall be allowed, unless it
appears to the Court that it is for the benefit of the parties interested in
the said money that the same should be invested in the purchase of
lands, in different sums, and at different times, in which case it shall be
lawful for the Court to order the costs of any such investments to be
paid by the Company.
Assignments.
97 assignments of lands to the Company shall be in such form as
the Company may think fit.
98 the costs of all such assignments shall be borne by the Company,
and such costs shall include all charges and expenses incurred, on the
part as well of the seller as of the purchasesr, of all assignments and
assurances of any such lands and of any outstanding terms or interests
therein, and of deducing, evidencing, and verifying the title to such
lands, terms, or interests, and of making out and furnishing such abstracts
and attested copies as the Company may require, and all other reasonable
expenses incident to the investigation, deuction, and verification of
such title.
99-(1) if the Company and the prty entitled to any such costs
do not agree as to the amount therof, such costs shall be taxed by the
Registrar on an order of the Court, to be obtained on petition in a
summary way by the Company, or by such party, if the Company
refuses or neglects to apply for such order for fourteen days after notice
from such party to do so; and the Company shall pay what the Registrar
may certify to be due in respect of such costs to the party entitled thereto,
or, in default thereof, the same may be recovered in the same way as
any other costs payable under an order of the Court.
(2) the expense of taxing such costs shall be borne by the Company,
unless upon such taxation one-sixth part of the amount of such costs is
disallowed, in which case the costs of such taxation shall be borne by
the party whose costs are so taxed, and the amount therof shall be
ascertain by the registrar and deducted by him accordingly in his
certificate of such taxation.

Entry on Lands
100 the Company shall not except by consent of the owners and
occupiers, enter upon any of the lands mentioned in the said Fourth
Schedule, and which are required to be purchased or permanently used
for the purposes and under the powers of this Ordinance, until it has
either paid to every party having any interest in such lands, or paid
into Court in the manner herein mentioned, the purchase moneuy or compensation
to be paid to such parties respectively for theri respective
interests therein: provided always that, for the purpose merely of surveying
such lands and of setting out the line of the works, it shall be
lawful for the Company, after giving not less than three or more than
fourteen days' notice to the owners or occupiers thereof, to enter upon
such lands without previus consent, making compensation for any
damage thereby occasioned to the owners or occupiers thereof.
101-(1) provided, also, that if the company is desirous of entering
upn and using anyu of the lands mentioned in the said Fourth Schedule
before an agreement has been come to or the purchase money or
compensation claimed by any party interested in or entitled to sell
and assign such lands, and who does not consent to such entry, or such
a sum as may by the Court or a Judge, upon petition in a summary way, be
determined to be the value of such lands or interest therein which such
party is entitled to or enabled to sell and assign, and also to give or
tender to such party a bond, under th common seal of the Company,
with two sufficient sureties, to be approved of by the Court or such Judge
in case the parties differ, in a penal sum equal to the sum so to be
deposited, conditioned for payment to such party, or for payment into
Court, for the benefit of the parties interested in such lands, as the case
may require, under th provisions herein contained, of all such purchase
money or compensation as may, in manner hereinbefore provided, be
determined to be payable by the Company in respect of the lands so
entered upon, together with interest thereon at the rate of six dollars
per centum per annum, from the time of entering upon such lands until
such purchase money or compensation is paid to such party, or into
Court, for the benefit of the parties interested in such lands, under the
provisions herein contained.
(2) On such payment by way of security being made as aforesaid,
and such bond being delivered or tendered to such non-consenting party
as aforesaid, it shall be lawful for the Company to enter upon and use
such lands, without having first paid the purchase money or compensa-


tion in other cases required to be paid by it before entering upon any
lands to be taken by it under the provisions of this Ordiance: provided
always that, if it is shown, to the satisfaction of the Court or a Judge,
that such non-consenting party as aforesaid is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after
diligent inquiry be found, then the Court or such Judge may order such
bond as aforesaid to be dispensed with, and may authorize the Cpompany
to enter upon and use any of the lands mentioned in the said Fourth
Schedule, after first paying into Court by way of security either the
amount of purchase money or compensation claimed by such non-consenting
party, or such a sum as shall by the Court or such Judge be dtermined,
upon petition in a summary way, to be the vaule of such lands or
interest therin which such non-consenting party is entitled to or enabled
to sell or assign.
102-(1) The money so paid into court as last aforesaid shall
remain in Court by way of security to the parties whose lands have
so been entered upon, for the performance of the condition of the
bond to be given by the Company as hereinbefore mentioned, or, where
such bond has been dispensed wiht as aforesaid, for the payment ot
the parties whose lands have so been entered upon, or for deposit in
Court for the benefit of the parties interested in such lands, as th case
may require, under the provisions herein contained, of all such purchase money
or compensation as may, in manner hereinbefore provided,
be determined to be payable by the Company in respect of the lands
so entered upon, together with interest thereon at the rate of six dollars
per centum per annum from the time of entering upon such lands until such
such purchase money or compensation is paid to such party, or until
the money so deposited is deemed to be or is deposited in Court for the
benefit of the parties interested in such lands under the provisions
herein contained.
(2) the money so deposited in Court as mentioned in the last proceding
section may, on the application by petition of the Company, be
orderedto be invested upon any securities or investments authorized by
the court or a Judge, and, on the objects or object for which such
deposit as last aforesaid was made being fully attained or stisfied, it
shall be lawful for the Court, on a like application, to order to the money
so deposited, or the funds in which the same has been invested, together
with the accumulations thereof, to be re-paid or transferred to
the Company, or, if such objects or object are or is fully attained or
satisfies, it shall be lawful for the court to order the same to be
applied in such manner as it may think fit for the benefit of the parties
for whose security the same has been so deposited. 103-(1) if the company or any of its contracotrs, excetp as
aforesaid, wilfully enters upon and takes possession of any of the
lanbds mentioned in the said Fourth Schedule, which are required to be
purchased or permanently used for th purposes of this Ordinance,
without such consent as aforesaid or without having made such payment
into Court as aforesaid for the benefit or security of the parties
interested in such lands, the Company shall forfeit to the party in
possession of such lands the sum of fifty dollars, over and above the
amount of any damage done to such lands by reason of such entry and
taking posession as aforesaid.
(2) if the Company or any of its contractors, after conviction in such
penalty as aforesaid, continues in unlawful possession of any such
lands, the Company shall be laible to forfeit the sum of one hundred
dollars for every day it or any of its contractors so remains in possession
as aforesaid.
(3) every such penalty shall be recoverable by the party in possession
of such lands, with costs, by an action to be brouhgt in the Court
in its original jurisdiction in the sme manner as is hereinbefore
provided for in cases of disputed compensation: provided always that
nothing herein contained shall be held to subject the company to hte
payment of any such penalties as aforesaid, if it bona fide and without
collusion has paid the compensation which has been, under the provisions
of this Ordinance, determined to be paid in respect of the said lands to
any person whom the Company may have reasonably believed to be
entitled thereto, or has paid the same into court for the benefit or
security of the parties interested in the said lands, although such person
may not have been legally entitled thereto.
104-(1) if in any case in which, according to the provisions of
this Ordinance, the Company is authorized to enter upon and take
possession of such of the lands mentioned in the said Fourth Schedule
as are reqired for the purposes of the undertaking, the owner or
occupier of any such lands or any other person rufuses to give up
the possession thereof or hinders the Company from entering up0on or
taking possession of the same, it shall be lawful for the Company to
issue its warrant to one of the bailiffs of the Court to delver possession
of the same to the person appointed in such warrant to receive the
same.
(2) On the receipt of such warrant, such Bailiff shall deliver possession
of any such lands accordinly.
(3) the costs accruing by reason of the issuing and execution of such
warrant, to be settled by the Registrar, shall be paid by the person refusing
to give possession, and the amount of such costs shall be deducted

and retained by the Company from the compensation, if any, then payable by it
to such party, or, if no such compensation is payable to such
party or if the same is less than the amount of such costs, then such
costs, or the excess thereof beyond such compensation, if not paid on
demand, shall be recovered in the same way as any other cost payable
under an order of the court.
105 no party shall at any time be required to sell or assign to the
Company a part only of any house or other building or manufactory, if
such party is willing and able to sell and assign the whole thereof.
Lands in Mortgage.
106-(1) it shall be lawful for the company to purchase or redeem
the interest of the mortgagee of any of th lands mentioned in the
said Fourth Schedule which may be required for the purposes of this
Ordinance, and that whether it has previously purchased the equity of
redemption of such lands or not, and whether the mortgagee thereof is
entitled thereto in his own right or in trust for any other party, and
whether he is in possession of such lands by virtue of such mortgage or
not, and whether such mortgage affects such lands solely or jointly with
any other lands not required for the purposes of this Ordinance.
(2) in order thereto, the Company may pay or tender to such mortgagee
the principal and interest due on such mortgage, together with his
costs and charges, if any, and also one month's additional interest, and
thereupon such mortgagee shall immediately assign his interest in the
lands comprised in such mortgage to the Company or as it may direct,
or the Company may give notice in writing to such mortgagee that it
will pay off the principal and interest due on such mortgage at the end
of one month, computed from the day of giving such notice; and if the
Company has given any such notice, or if the party entitled to the equity
of redemption of any such lands has given notice of his intention to
redeem the same, then, at the expriation of either of such notices or at any
intermediate period, on payment or tender by the Company to the mortgagee of the
principal money due on such mortgage and the interest
which would become due at the end of one month from the time of giving
either of such notices, together with his costs and expenses, if any, such
mortgagee shall assign or release his interest in the lands comprised in
such mortgage to the Company or as it may direct.
107 if, in either of the cases aforesaid, on such payment or tender, any
mortgagee fails to assign or release his interest in such mortgage as directed
by the Company, or if he fails to adduce a good title thereto to its
satisfaction, or if he is absent from the Colony, whether temporarily or
permanently, or in hiding, or cannot after diligent inquiry be found, then it
shall be lawful for the Company to pay into Court, in the manner provided
by this Ordinance in like cases, the principal and (if the same can be ascertained)
interest and cost, if any, due on such mortgage, and also, if such
payment is made before the expiration of the notices aforesaid, such further
interest (if the same can be ascertained) as would at such expiration become
due; and it shall be lawful for the Company, if it thinks fit, to prepare
a deed of conveyance, assignment, or assurance and release of such mortgaged
lands to itself and to tender such deed, after the same has been duly
stamped as required by law, to the Registrar for execution on behalf of
the mortgagee and other, if any, the assuring and releasing parties, and
thereupon the Registrar shall, on an order of the Court to be obtained
upon petition in a summary way, execute the same; and thereupon, as well
as on such assignment by the mortgagee, if any, being made, all the estate
and interest of such mortgagee, and of all persons in trust for him or for
whom he may be a trustee in such lands, shall vest in the Company, and
the Company shall be entitled to immediate possession thereof in case such
mortgagee was himself entitled to such possession.

108.-(1.) If any such mortgaged lands are of less value than the
principal money, interest, and costs secured thereon, the value of such
lands, or the compensation to be made by the Company in respect thereof,
shall be settled by agreement between the mortgagee of such lands and
the party entitled to the equity of redemption thereof on the one part
and the Company on the other part.

(2.) If the parties aforesaid fail to agree respecting the amount of
such value or compensation, the same shall be determined as in other
cases of disputed compensation.

(3.) The amount of such value or compensation, being so agreed upon
or determined, shall be paid or tendered by the Company to the mortgagee
in staisfaction of his mortgage debt, so far as the same will extend,
and on payment or tender thereof the mortgagee shall assign or release
all his interest in such mortgaged lands to the Company or as it may
direct.

109.-(1.) If, on such payment or tender as aforesaid being made, any
such mortgagee fails so to assign his interest in such mortgage or to
adduce a good title thereto, to the satisfaction of the Company, or if he
is absent from the Colony, whether temporarily or permanently, or in
hiding, or cannot after diligent inquiry be found, it shall be lawful for
the Company to pay the amount of such value or compensation into Court,
in the manner provided by this Ordinance in like cases, and every such
payment shall be accepted by the mortgagee in satisfaction of his mortgage
debt, so far as the same will extend, and shall be a full discharge
of such mortgaged land from all money due thereon.
(2.) It shall be lawful for the Company, if it thinks fit, to prepare a
deed of conveyance, assignment, or assurance and release of such mortgaged
lands to itself, and to tender such deed, after the same has been
duly stamped as required by law, to the Registrar for execution on behalf
of the mortgagee and other, if any, the assuring and releasing parties,
and thereupon the Registrar shall, on an order of the Court to be
obtained upon petition in a summary way, execute the same, and such
lands, as to all such estate and interest as were then vested in the mortgagee
or any person in trust for him, shall become absolutely vested in
the Company, and, in case such mortgagee was himself entitled to
such possession, the Company shall be entitled to immediate possession
thereof; nevertheless, all right and remedies possessed by the mortgagee
against the mortgagor, by virtue of any bond, covenant, or toehr obligation,
other than the right to such lands, shall remain in force in respect
of so much of the mortgage debt as may not have been satisfied by such
payment or deposit.

110.-(1.) If a part only of any such mortgaged lands is required
for the purposes of this Ordinance, and if the part so required is of less
value than the principal money, interest, and costs secured on such
land, and the mortgagee does not consider the remaining part of such
lands a sufficient security for the money charged thereon or is not
willing to release the part so required, then the value of such part, and
also the compensation, if any, to be paid in respect of the severance
thereof or otherwise, shall be settled by agreement between the mortgagee
and the party entitled to the enquiry of redemption of such land
on the one part and the Company on the other part.

(2.) If the parties aforesaid fail to agree respecting the amount of
such value or compensation, the same shall be determined as in other
cases of disputed compensation.

(3.) The amount of such value or compensation, being so agree upon
or determined, shall be paid by the Company to such mortgagee in
satisfaction of his mortgage debt, so far as the same will extend; and
thereupon such mortgagee shall assign or release to the Company, or as
it may direct, all his interest in such mortgaged lands the value whereof
has been so paid.

(4.) A memorandum of what has been so paid shall be indorsed on
the deed creating such mortgage, and shall be signed by the mortgagee;
and a copy of such memorandum shall at the same time, if
required, be furnished by the company, at its expense, to the party
entitled to the equity of redemption of the lands comprised in such
mortgage deed.

111.-(1.) If, on payment or tender to any such mortgagee of the
amount of the value or compensation so agreed upon or determined,
such mortgagee fails to assign or release to the Company, or as it may
direct, his interest in the lands in respect of which such compensation
has so been paid or tendered, or if he fails to adduce a good titled thereto,
to the satisfaction of the Company, or if he is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after dilligent
inquiry be found, it shall be lawful for the Company to pay the
amount of such value or compensation into Court, and such payment
shall be accepted by such mortgagee in satisfaction of his mortgage
debt, so far as the same will extend, and shall be a full discharge of the
portion of the mortgaged lands so required from all money due thereon.

(2.) It shall be lawful for the Company, if it thinks fit, to prepare a
deed of conveyance, assignment, or assurance and release of such last-mentioned
mortgaged lands to itself, and to tender such deed, after the
same has been duly stamped as required by law, to the Registrar for
execution on behalf of the mortgagee and other, if any, the assuring
and releasing parties, and thereupon the Registrar shall, on an order of
the Court to be obtained upon petition in a summary way, execute the
same, and such lands shall become absolutely vested in the Company, as
to all such estate and interest as were then vested in the mortgagee or
any person in trust for him, and, in case such mortgagee was himself
entitled to such possession, the Company shall be entitled to immediate
possession thereof; nevertheless, every such mortgagee shall have the
same powers and remedies for recovering or compelling payment of the
mortgage money or the residue thereof, as the case may be, and the
interest thereof respectively, on and out of the residue of such mortgaged
lands, or the portion thereof not required for the purposes of
this Ordinance, as he would otherwise have has or been entitled to for
recovering or compelling payment thereof on or out of the whole of the
lands originally comprised in such mortgage.

112.-(1.) Provided always that, in any of the cases hereinbefore
provided with respect to lands subject to mortgage, if in the mortgage
deed a time has been limited for payment of the principal money thereby
secured, and, under the provisions hereinbefore contained, the mortgagee
has been required to accept payment of his mortgage money, or
of part thereof, at a time earlier than the time so limited, the Company
shall pay to such mortgagee, in addition to the sum which has been so
paid off, all such costs and expenses as may be incurred by such mortgagee
in respect of or which may be incidental to the re-investment of
the sum so paid off, such costs in case of difference to be taxed, and
payment thereof enforced, in the manner herein provided with respect
to the costs of assignments.
(2.) If the rate of interest secured by such mortgage is higher than,
at the time of the same being so paid off, can reasonably be expected to
be obtained on re-investing the same, regard being has to the then
current rate of interest allowed by the Court, such mortgagee shall be
entitled to receive from the Company, in addition to the principal and
interest hereinbefore provided for, compensation in respect of the loss
to be sustained by him by reason of his mortgage money being so prematurely
paid off, the amount of such compensation to be ascertained,
in case of difference, as in other cases of disputed compensation.

(3.) Until payment or tender of such compensation as aforesaid, the
Company shall not be entitled, as against such mortgagee, to possession
of the mortgaged lands under the provisions hereinbefore contained:
Provided that the Court or a Judge may order such payment or tender
to be dispensed with, if it or he thinks fit to do so, and such mortgage
money and compensation to be paid into Court, and, on such payment
being made, the Company shall be entitled, as against such mortgagee,
to possession of the mortgaged lands under the powers hereinbefore
contained.

Rent-charges.

113. If any difference arises between the COmpany and the party
entitled to any rent-charge, or chief or other rent, or other payment or
incumbrance not hereinbefore provided for, upon any of the lands mentioned
in the said Fourth Schedule, and required to be taken for the
purposes of this Ordinance, respecting the consideration to be paid for
the release of such lands therefrom or from the portion thereof affecting
the lands required for the purpose of this Ordinance, the same shall be
determined as in other cases of disputed compensation.

114. If part only of the lands charged with any such rent-charge,
cheif or other rent, payment, or incumbrance is required to be taken for
the purposes of this Ordinance, the apportionment of any such charge
may be determined by agreement between the party entitled to such
charge and the owner of the lands on the one part and the Company on
the other part, and if such apportionment is not so determined by agreement,
the same shall be determined by the Court or a Judge upon petition
in a summary way, but if the remaining part of the lands so jointly subject
is a sufficient security for such charge, then, with the consent of the
owner of the lands so jointly subject, it shall be lawful for the party
entitled to such charge to release therefrom the lands required, on condition
or in consideration of such other lands remaining exclusively
subject to the whole thereof.

115.-(1.) On payment or tender of the compensation so agreed upon
or determined to the party entitled to any such charge as aforesaid, such
party shall execute to the Company a release of such charge.

(2.) If he fails to do so, or if he fails to adduce good title to such charge,
to te satisfaction of the Comany, or if he is absent from the Colony,
whether temporarily or permanently, or in hiding, or cannot after diligent
inquiry be found, it shall be lawful for the Company to pay the
amount of such compensation into Court, and also, if it thinks fit, to
prepare a deed of release of such charge, and to tender the same, after
it has been duly stamped as required by law, to the registrar for execution
on behalf of the releasing parties, and thereupon the Registrar
shall, on an order of the Court to be obtained upon petition in a summary
way, execute the same, and the rent-charge, chief or other rent, payment,
or incumbrance, or the portion thereof in respect whereof such
compensation has so been paid, shall cease and be extinguished.

116.-(1.) If any such lands are so released from any such charge or
incumbrance, or portion thereof, to which they were subject jointly with
other lands, such last-mentioned lands shall alone be charged with the
whole of such charge or with the remainder thereof, as the case may
be, and the party entitled to the charge shall have all the same rights
and remedies over such last-mentioned lands for the whole or the
remainder of the charge, as the case may be, as he had previously over the
whole of the lands subject to such charge.

(2.) If, on any such charge or portion of charge being so released,
the deed or instrument creating or transferring such charge is tendered
to the Company for the purpose, the Company shall affix its common
seal to a memorandum of such release indorsed on such deed or instrument,
declaring what part of the lands originally subject to such charge
has been purchased by virtue of this Ordinance, and, if the lands are
released from part of such charge, what proportion of such charge has
been released and how much thereof continues payable, or, if the lands
so required have been released from the whole of such charge, then that
the remaining lands are thenceforward to remain exclusively charged
therewith.

(3.) Such memorandum shall be made and executed at the expense
of the Company, and shall be evidence in the Courts and elsewhere of
the facts therein state, but not so as to exclude any other evidence of
the same facts.

117.-(1.) Where part only of any lands comprised in a lease for
a term of years is required for the purposes of this Ordinance, the rent
payable in respect of the lands comprised in such lease shall be approtioned
between the lands so required and the residue of such lands.

(2.) Such apportionment may be determined by agreement between
the lessor (including Her Majesty, her heirs and successors, in those
cases where Her Majesty, her heirs or successors, in the lessor) and the
lessee of such lands on the one part and the Company on the other part.

(3.) If such apportionment is not so determined by agreement
between the parties, such apportionment shall be determined by the Court
or a Judge, upon petition in a summary way.

(4.) After such apportionment, the lessee of such lands shall, as to all
future accruing rent, be liable only for so much of the rent as may be
so apportioned in respect of the lands not required for the purposes of
this Ordinance; and as to the lands not so required, and as against the
lessee, the lessor shall have all the same rights and remedies for the
recovery of such portion of rent as, previously to such apportionment, he
had for the recovery of the whole rent reserved by such lease; and all
the convenants, conditions, and agreements of such lease, except as to the
amount of rent to be paid, shall remain in force with regard to that part
of the land which is not required for the purposes of this Ordinance, in
the same manner as they would have done in case such part only of the
land had been included in the lease.

118. Every such lessee as last aforesaid shall be entitled to receive
from the Company compensation for the damage done to him in his
tenancy be reason of the severance of the lands required from those not
required or otherwise by reason of the execution of the works.

119.-(1.) If any such lands are in the possession of any person having
no greater interest therein than as tenant for a year or from year to
year, and if such person is required to give up possession of any lands
so occupied by him before the expiration of his term or interest therein,
he shall be entitled to compensation for the value of his unexpired term
or interest in such lands, and for any just allowance which ought to be
made to him by an incoming tenant, and for any loss or injury which
he may sustain, or, if a part only of such lands is required, compensation
for the damage done to him in his tenancy by severing the lands held
by him or otherwise injuriously affecting the same.

(2.) The amount of such compensation shall be determined, in case
the parties differ about the same, by the Court or a Judge upon petition
in a summary way, and, on payment or tender of the amount of
such compensation, all such persons shall respectively deliver up to the
Company, or to the person appointed by it to take possession thereof,
any such lands in their possession required for the purposes of this Ordinance.

120.-(1.) If any party, having a greater interest than as tenant-at-
will, claims compensation in respect of any unexpired term or interest
under any lease of any such lands, the Company may require such party
to produce the lease in respect of which such claim is made, or the best
evidence thereof in his power.

(2.) If, after demand made in writing by the Company, such lease,
or such best evidence thereof, is not produced within twenty-one days,
the party so claiming compensation shall be considered as a tenant holding
only from year to year, and be entitled to compensation accordingly.

Limit of Compulsory Powers.

121. The powers of the Company for the compulsory purchase or
taking of lands for the purposes of this Ordinance shall not be exercised
after the expiration of three years from the commencement of this Ordinance.

Interests omitted to be purchased.

122.-(1.) If, at any time after the Company has entered upon any
lands which, under the provisions of this ordinance, it was authorized
to purchase, and which are permanently required for the purposes of
this Ordinance, any party appears to be entitled to any estate, right, or
interest in, or charge affecting, such lands which the Company, through
mistake or inadvertence, has failed or omitted duly to purchase or to pay
compensation for, then whether the period allowed for the purchse of
lands has expired or not, the Company shall remain in the undisturbed
possession of such lands, provided, within three months after notice of
such estate, right, interest, or charge, in case the same is not disputed
by the Company, or, in case the same is disputed, then within three
months after the right thereto has been finally established by law in
favour of the party claiming the same, the Company shall purchase or
pay compensation for the same, and shall also pay to such party, or to
any other party who may establish a right thereto, full compensation for
the mesne profits or interest which would have accrued to such parties
respectively in respect thereof during the interval between the entry of
the Company thereon and the time of the payment of such purchase
money of compensation by the Company, so far as such mesne profits or
interest may be recoverable at law or in equity.

(2.) Such purchase money or compensation shall be agreed upon or
determined and paid in like manner as, according to the provisions of
this Ordinance, the same respectively would have been agreed upon or
determined and paid in case the Company had purchased such estate,
right, interest, or charge before entering upon such lands, or as near
thereto as circumstances will admit.

123. The compensation to be given for any such last-mentioned lands
or any estate or interest in the same, or for any mesne profits thereof,
shall be the value of such lands, estate, or interest and profits at the
time when such lands were entered upon by the Company, and without
regard being had to any improvements or works made in the said lands
by the Company, and as though the works had not been contracted.

124. In addition to the said purchase money, compensation, or satisfaction,
and before the Company shall become absolutely entitled to
any such estate, interest, or charge or to have the same merged or
extinguished for its benefit, the Company shall, when the right to any
such estate, interest, or charge has been disputed by the Company and
determined in favour or the party claiming the same, pay the full costs
and expenses of any proceedings at law or in equity for the determination
or recovery of the same to the parties with whom any such litigation
in respect thereof has take place; and such costs and expenses
shall, in case the same are disputed, be settled by the Registrar.

Sale of Superfluous Lands.

125. Within ten years after the expiration of the time limited by
this Ordinance for the completion of the works, the Company shall
absolutely sell and dispose of all superfluous lands, and, in default
thereof, all such superfluous lands remaining unsold at the expiration of
such period shall thereupon vest in and become the property of the
Crown.

Service of Documents.

126. Any summons or any writ or other proceeding at law or in equity
required to be served on the Company may be served by the same being
left at, or transmitted throught the post directed to, the principal office
of the Company, or being given or transmitted through the post directed
to the secretary, or, in case there is no secretary, the solicitor of the
Company.

127. With respect to notices, and to the delivery thereof by or to the
Company, the following provisions shall have effect, that is to say,-

(1.) every notice shall be in writing or in print or partly in writing
and partly in print; and

(2.) a notice to be delivered by or to the Company to or by any other
company or person may be delivered by being left at the office of
such other company or person, or at the then present or then last
known place of abode or residence of such person, or of his ostensible
agent or agents, or of other the agent or agents who pay the
rents, rates, and taxes payable in respect of the property of such person,
or being affixed on some conspicuous part of any lands affected
or intended to be affected by such notice, or by being left at the office of the Company, as the case may be, or by being sent by post
in a registered letter addressed, as the case may be, to the clerk or
secretary of such other company at its principal office, or to such
person at his then present or then last known place of abode or
residence or at his office or business premises, or by being so sent
by post addresed to the ostensible agent or agents of such person,
or other the agent or agents aforesaid, or to the clerk or secretary
of the Company at its principal office:
Provided always that any notice required to be given by the company,
as mentioned in section 70, shall in addition be affixed on some con-
spicuous part of the land affected, or intended to be affected, thereby.

Miscellaneous Provisions.

128.-(1.) If any party has committed any irregularity, trepass, or
other wrongful proceeding in the execution of this Ordinance or by virtue
of any power or authority hereby given, and if, before action brought in
respect thereof, such party makes tender of sufficient amends to the party
injured, such last-mentioned party shall not recover in any such action.
(2.) If no such tender has been made, it shall be lawful for the defen-
dant, by leave of the Court where such action is pending, at any time be-
fore answer filed, to pay into Court such sum of money as he may think
fit, and thereupon such proceedings shall be had as in other cases where
defendants are allowed to pay money into Court.

129.Every toll, penalty, or forfeiture imposed by this Ordinance or
by any Order-in-Council, regulation, or by-law made in pursuance here-
of, the recovery of which is not otherwise provided for, may be recovered
by summary proceedings before a Magistrate under the provisions of any
Ordinance for the time being relating to the jurisdiction of Magistrates
and the practice and procedure before them in respect of offences punish-
able on summary conviction.

130.Every person who, on any examination upon oath under this
Ordinance, wilfully and corruptly gives false evidence shall be liable to
the penalties of wilful and corrupt perjury.

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

132.Notwithstanding anything in this Ordinance, the Company shall not acquire any right other than that of user of the roads along or across
which it lays any tramway.

133.Nothing in this Ordinance shall limit the powers of the Police
to regulate the passage of any traffic along or across any public road
along or across which any tramway is laid down, and the Police may ex-
erices their powers as well on as off the tramway and with respect as
well to the traffic of the Company as to the traffic of other persons, and
in particular nothing in this Ordinance shall limit the power of the Cap-
tain Superintendent of Police to make reglations under and exercise
the powers conferred upon him by the Public Assemblages (Regulation
of Traffic) Ordinance, 1869.

134.Nothing in this Ordinance, or in any regulation or by-law made
hereunder, shall take away or abridge the right of the public to pass
along or across every or any part of any public road along or across which
any tramway is laid, whether on or off the tramway, with craaiages not
having flange-wheels or wheels suitable only to run on the rail of the
tramway.

135.Notwithstanding anything in this Ordinance, the Company and
any persons using the tramways shall be subject and liable to the pro-
visions of any general Ordinance now in force or which may hereafther
be passed in the Colony relating to tramways, or by which any tax or
duty may be granted or imposed for or in respect oftramways or the
passengers or traffic conveyed thereon, or to any future revision or
alteration under the Legislature of the Colony of the maximum rates of
tolls or charges authorized bu this Ordinance, and to any condition,
regulation, or restriction which may be imposed on the use of tramways,
or on the use on tramways of animal power, steam power, or any
mechanical power, by any such general Ordinance as aforesaid.

136.The powers and privileges given by this Ordinance are so given
saving and reserving always the rights of Her Magesty, and of all bodies
politic and corporate, and of all other persons and those claiming by,
from, and under them, except as is herein otherwise provided.

SCHEDULES.
THE FIRST SCHEDULE.
REGULATIONS AS TH OTHE USE OF STEAM POWER, ETC.
(Applicable and extending only to Tranways Nos.1,2,3,4, and 5.)

1.Every engine used on the tramways shall be fitted with such mechanical
applicances for preventing the motive power of such engine from operating,
and for bringing such engine and any carriage drawn or propelled by such
engine to stand, as the Governor may from time to time think sufficent.





2.Every such engine shall have its number shown in some conspicuous
part thereof, and shall be fitted--
(1.) with an indicator by means of which the speed shall be shown;
(2.) with a suitable fender to push aside obstructions;
(3.) with a special bell, whistle, or other apparatus to be sounded as a
warning when neccessary; and
(4.) with a seat for the driver of such engine, so placed in fornt of such
engine as to command the fullest possible view of the road before him.
3.Every such engine shall be free from noise produced by blast or clatter,
of machinery, and the machinery shall be concealed from view at all points
above foru inches from the level of the rails, and all fire used on such engine
shall be concealed from view.

THE SECOND SCHEDULE.
TOLLS AND CHARGES FOR PASSENGERS.

1.For every passenger travelling on Tramways Nos.1,2,3, and 4, or any
of them, or any part thereof--
(1.) if such passenger is a first class passenger, and sum not
exceeding}20 cents.
(2.) if a second class passenger, any sum not exceeding 15 do.
(3.) if a third class passenger, any sum not exceeding 5 do.
2.for every passenger travelling on Tramway No. 5, or any part thereof,
the same tolls and charges as those hereinbefore authorized in respect of
Tramways Nos. 1,2,3, and 4.

3.For every passenger travelling on Tramway No.6, or any part thereof,--
(1.) if such passenger is a first class passenger, any sum not}30 cents.
exceeding
(2.) if a second class passenger, any sum ont exceeding 20 do.
(3.) if a third class passenger, any sum not exceeding 10 do.

THE THIRD SCHEDULE.
TOLLS AND CHARGES FOR ANIMALS, GOODS, ETC.
Animals.
1.For every horse, mule, or other beast of draught or burden,
per head}12 cents.
2.For every ox, cow, bull, or head of cattle, per head 12 do.
3.For every calf,pig, or other small animal, per head 10 do.
Goods and Minerals.
1.For allcoals, coke, culm, charcoal, cannel, limestone, chalk,
lime, salt, sand, fireclay, ficreclay, cinders, dung, compost, and all sorts
of manure, and all undressed materials for the repair of public
roads or highways, per ton 20 do.









2.For all iron, irou ore, pig iron, bar iron, rod iron, sheet iron,
hoop iron, plates of iron, slabs, billets, and rolled iron, bricks,
slags, and stone, stones for building, pitching, and paving,tiles,
slates, and clay (except fireclay), and for wrought iron ont
otherwise specially classed herein, and for heavy iron castings,
including railway chairs, per ton 20 cents.
3.For all sugar, grain, corn, flour, hides, dyewoods, earthenware,
timber, and metal (exceptiron), nails, anvils, vices, and chains,
and for light iron castings, per ton 20 do.
4.For cotton and other wools, drugs (except opium), and manu-
factured goods, and all other wares, merchandise, fish, articles,
matters, or things, per ton 30 do.
5.For opium, per chest 20 do.

Small Parcels.
1.For parcels not exceeding seven pounds in weight, each 5 do.
2.For parcels exceeding seven pounds and not exceeding fourteen
pounds in weight, each 10 do.
3.For parcels exceeding fourteen pounds and not exceeding
twenty-eight pounds in weight, each 15 do.
4.For parcels exceeding twenty-eight pounds and not exceeding
fifty-six pounds in weight, each 20 do.
5.For any parcel exceeding fifty-six pounds in weight, such sum
as the Company may think fit.
Provided always that articles sent in large aggregate quantities, although
made up in separate parcels, such as bags of sugar, coffee, meal, and the like,
shall not be deemed small parcels, but that term shall apply only to single
parcels in separate packages.

Regulations as to Tolls.
1. A fraction of a mile beyond an integral number of miles shall be deemed
a mile.
2. For a fraction of a ton, the Company may demand andd take tolls and
charges according to the number of the quarters of a ton in such fraction, and
if there is a fraction of a quarter of a ton, such fraction shall be deemed a
quarter of a ton.
3. With respect to all articles, except stone and timber, the weight shall
be determined according to the usual avoridupois weight.
4. With respect to stone and timber, fourteen cubic feet of stone, fifty cubic
feet of China fir or Singapore cedar, and forty cubic feet of any other timber
shall be deemed one ton weight, and so on in proportion ofr any smaller quantity.


1844-1899 vol.1 p.432 1844-1901 vol.1 p.433




1844-1901 vol.1 p.434


THE FIFTH SCHEDULE
SPECIAL INDORSEMENT OF WRIT OF SUMMONS
This action is brought for the purpose of ascertaining the compensation to
be paid by the Company for the interest of (the vender or other assuring or
releasing party) as (mention teh nature of the interest) in (describe the pre-
mises required by the Company) under the provisions of the Tramways
Ordinance,1883.

A.D. 1883. Ordinance No. 6 of 1883, with Ordinance No. 18 of 1883 incorporated.
Short title.
Interpretation of terms.
Names of promoters. Power to promoters to assign undertaking. Power to construct and work certain tramways. See Notification No. 219 in The Gazette of the 26tth May, 1888, and Notification No. 327 in The Gazette of the 26th July, 1889. Plans of tramways. Power to lay single line where double line authorized. Power to alter certain brideges, etc. Power to make addi- tional crossings, etc. Tramways to be in middle of roads, etc. Gauge of Tramways. Nos. 1 to 5. Gauge of Tramway no. 6. Power to break up roads. Completion of works and reinstatement of road. Further provisions as to construction of tramways. Repair of roads on which tramways laid. Penalty for not maintaining rails at proper at level and in good condition. Power to make tempo- rary tramways, when necessary. Application of road materials in construction of works. Provision as to works of gas, water, and telegraph companies. Protection of sewers, etc. Saving of rights of other companies, etc., to open roads. Settlement of difference between Company and others (other than Surveryor General.) Settlement of difference between Company and Surveyor General. Tramways not to be opened until certified, etc. See marginal note to s. 5. Cesser of powers on occurrence of certain defaults. Licences to third parties to use tramways. Penalty on licensee for default in payment of tolls. Licensee to give account of passengers. Penalty on licensee for not accounting, etc. Settlement of dispute as to rolls. Libaility of licensee for damage. Discontinuance of tramway by Compnay. Proceedings in case of insolvency of Company. Purchase by Government of tramways. Motive power to Tramways. Nos. 1 to 5. First Schedule. Motive power of Tramway No. 6. Constitution of carriages. Power to authorities to inspect engines, etc. Penalty for using unauthorized steam or mechanical power. Rule of the road. Making of regulations and by-laws. Power to impose penalty in regulations or by-laws. Wheels of carriages and gauge of carriages and engines. Power to Company to sell undertaking. Power to Company to let undertaking. Power to Company to mortgage undertaking. Right of user of tramways by Governorment. Payment of tolls by Government for user. Nature of traffic upon tramways. Right of Company to refuse to carry goods. Right of Company to take tolls for passengers. Second Schedule. Distance covered by tolls. Limitation of obligation to carry passengers. Passengers' luggage. Tolls for animals, goods, etc. Third Schedule. Payment of tolls. Duty of Company to reinstate roads on abandonment of undertaking. Wilful obstruction of person acting under authority of Company, etc. Interfecting with tramway, etc. Avoiding payment of fare, etc. Detention of transient offender. Penalty for bringing dangerous goods on tranway. Penalty for using tramway with flange-wheeled carriages. Power to Company to purchase lands by agreement. Power to parties under disability to sell and assign lands. Power to parties under disability to release lands, etc. Compensation where parties are under disability. Part of capital to be subscribed before compulsory powers exercised. Notice of intention to take specified lands. Fourth Schedule. Delivery of particulars of claim. Statement of compensation to be paid, etc. Determination of compensation. Issue of writ. Special indorsement of writ. Fifth Schedule. Application for reference. Practice to be followed in action. Determination of compensation to absent parties. Damage for severance, etc. may be included in compensation. Right of absent party to have compensation determined by action, although already ascertained. Question to be determined in such action. Payment of further sum, if awarded. Costs of inquiry. Settlement of compensation where no satisfaction previously mede. Payment into Court of purchase money payable to parties under disability exceeding $1,000, and application thereof. Order for application and investment mean-while. Payment into Court or to trustees of sums from $100 to $1,000. Payment to parties entitled of sums not exceeding $100. Application of compensation to parties not absolutely entitled. Power to the Court to direct application of money in respect to life interests in lands, etc. Assignment or vesting of lands on payment being made. Payment into Court where parties refuse to assign, or do not show title, or cannot be found. Vesting of lands on payment into Court being made, and deed being executed. Application of money so paid into Court. Party in possession of lands to be deemed owner thereof. Costs in cases of money paid into Court. Form of assignment. Costs of assigment. Taxation of costs of assignment. Payment of price of lands to be made previous to entry, etc. Right of Company to enter upon lands before purchase, on making deposit by way of security and giving bond. Money so paid into Court to remain as security, and to be applied under direction of the Court. Penalty on Company entering upon lands wihtout consent before payment of purchase money. Proceedings in case of refusal of deliver possession of lands. Parties not to be required to sell part of house. Power to Company to purchase or redeem mortgage. Payment into Court of mortgage money on refusal to accept it. Sum to be paid when mortgage exceeds value of lands. Payment into Court of money when mortgagee fails to assign his interest, etc. Sum to be paid where part only of mortgaged lands taken. Payment into Court of money when mortgagee fails to assign his interest, etc. Compensation to be made in certain cases, if mortgage paid off before stipulated time. Release of lands from rent-charge, etc. Release of part of lands from rent-charge. Payment into Court in case or refusal to release. Charge to continue on lands not taken. Apportionment of rent where part only of lands under lease taken. Compensation to be made to lessee. Compensation to be made to tenant from year to year. Production of lease where greater interest claimed than tenancy at will. Limit of time for compulsory purchase. Power to Company to purchase interests in lands, purchase whereof may have been omitted by mistake. Estimation of value of such lands. Payment of costs of litigation as to such lands. Lands not wanted to be sold, or, in default, to vest in the Crown. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. See Ordinance No. 3 of 1890. Perjury. Responsibility of Company for damage. Right of user. of roads. Saving of powers of Police to regulate traffic. No. 2 of 1869. Saving of rights of public. Saving for general Ordinances. Reservation of rights of the Crown, etc. Section 36. Break power of engine. Fitting of engine. Freedom of engine from noise, etc. Section 52. Tariff for passengers on Tramways Nos. 1-4. Tariff for passengers on Tramway No. 5. Tariff for passengers on Tramway No. 6. Section 56. Tariff for animals. Tariff for goods and minerals. Tariff for small parcels. Fraction of mile. Fraction of ton. Determination of weight. Weights of stone and timber. Section 75.

A.D. 1883. Ordinance No. 6 of 1883, with Ordinance No. 18 of 1883 incorporated.
Short title.
Interpretation of terms.
Names of promoters. Power to promoters to assign undertaking. Power to construct and work certain tramways. See Notification No. 219 in The Gazette of the 26tth May, 1888, and Notification No. 327 in The Gazette of the 26th July, 1889. Plans of tramways. Power to lay single line where double line authorized. Power to alter certain brideges, etc. Power to make addi- tional crossings, etc. Tramways to be in middle of roads, etc. Gauge of Tramways. Nos. 1 to 5. Gauge of Tramway no. 6. Power to break up roads. Completion of works and reinstatement of road. Further provisions as to construction of tramways. Repair of roads on which tramways laid. Penalty for not maintaining rails at proper at level and in good condition. Power to make tempo- rary tramways, when necessary. Application of road materials in construction of works. Provision as to works of gas, water, and telegraph companies. Protection of sewers, etc. Saving of rights of other companies, etc., to open roads. Settlement of difference between Company and others (other than Surveryor General.) Settlement of difference between Company and Surveyor General. Tramways not to be opened until certified, etc. See marginal note to s. 5. Cesser of powers on occurrence of certain defaults. Licences to third parties to use tramways. Penalty on licensee for default in payment of tolls. Licensee to give account of passengers. Penalty on licensee for not accounting, etc. Settlement of dispute as to rolls. Libaility of licensee for damage. Discontinuance of tramway by Compnay. Proceedings in case of insolvency of Company. Purchase by Government of tramways. Motive power to Tramways. Nos. 1 to 5. First Schedule. Motive power of Tramway No. 6. Constitution of carriages. Power to authorities to inspect engines, etc. Penalty for using unauthorized steam or mechanical power. Rule of the road. Making of regulations and by-laws. Power to impose penalty in regulations or by-laws. Wheels of carriages and gauge of carriages and engines. Power to Company to sell undertaking. Power to Company to let undertaking. Power to Company to mortgage undertaking. Right of user of tramways by Governorment. Payment of tolls by Government for user. Nature of traffic upon tramways. Right of Company to refuse to carry goods. Right of Company to take tolls for passengers. Second Schedule. Distance covered by tolls. Limitation of obligation to carry passengers. Passengers' luggage. Tolls for animals, goods, etc. Third Schedule. Payment of tolls. Duty of Company to reinstate roads on abandonment of undertaking. Wilful obstruction of person acting under authority of Company, etc. Interfecting with tramway, etc. Avoiding payment of fare, etc. Detention of transient offender. Penalty for bringing dangerous goods on tranway. Penalty for using tramway with flange-wheeled carriages. Power to Company to purchase lands by agreement. Power to parties under disability to sell and assign lands. Power to parties under disability to release lands, etc. Compensation where parties are under disability. Part of capital to be subscribed before compulsory powers exercised. Notice of intention to take specified lands. Fourth Schedule. Delivery of particulars of claim. Statement of compensation to be paid, etc. Determination of compensation. Issue of writ. Special indorsement of writ. Fifth Schedule. Application for reference. Practice to be followed in action. Determination of compensation to absent parties. Damage for severance, etc. may be included in compensation. Right of absent party to have compensation determined by action, although already ascertained. Question to be determined in such action. Payment of further sum, if awarded. Costs of inquiry. Settlement of compensation where no satisfaction previously mede. Payment into Court of purchase money payable to parties under disability exceeding $1,000, and application thereof. Order for application and investment mean-while. Payment into Court or to trustees of sums from $100 to $1,000. Payment to parties entitled of sums not exceeding $100. Application of compensation to parties not absolutely entitled. Power to the Court to direct application of money in respect to life interests in lands, etc. Assignment or vesting of lands on payment being made. Payment into Court where parties refuse to assign, or do not show title, or cannot be found. Vesting of lands on payment into Court being made, and deed being executed. Application of money so paid into Court. Party in possession of lands to be deemed owner thereof. Costs in cases of money paid into Court. Form of assignment. Costs of assigment. Taxation of costs of assignment. Payment of price of lands to be made previous to entry, etc. Right of Company to enter upon lands before purchase, on making deposit by way of security and giving bond. Money so paid into Court to remain as security, and to be applied under direction of the Court. Penalty on Company entering upon lands wihtout consent before payment of purchase money. Proceedings in case of refusal of deliver possession of lands. Parties not to be required to sell part of house. Power to Company to purchase or redeem mortgage. Payment into Court of mortgage money on refusal to accept it. Sum to be paid when mortgage exceeds value of lands. Payment into Court of money when mortgagee fails to assign his interest, etc. Sum to be paid where part only of mortgaged lands taken. Payment into Court of money when mortgagee fails to assign his interest, etc. Compensation to be made in certain cases, if mortgage paid off before stipulated time. Release of lands from rent-charge, etc. Release of part of lands from rent-charge. Payment into Court in case or refusal to release. Charge to continue on lands not taken. Apportionment of rent where part only of lands under lease taken. Compensation to be made to lessee. Compensation to be made to tenant from year to year. Production of lease where greater interest claimed than tenancy at will. Limit of time for compulsory purchase. Power to Company to purchase interests in lands, purchase whereof may have been omitted by mistake. Estimation of value of such lands. Payment of costs of litigation as to such lands. Lands not wanted to be sold, or, in default, to vest in the Crown. Service of summons, etc. Form and delivery of notice. Tender of amends. Recovery of tolls, etc. See Ordinance No. 3 of 1890. Perjury. Responsibility of Company for damage. Right of user. of roads. Saving of powers of Police to regulate traffic. No. 2 of 1869. Saving of rights of public. Saving for general Ordinances. Reservation of rights of the Crown, etc. Section 36. Break power of engine. Fitting of engine. Freedom of engine from noise, etc. Section 52. Tariff for passengers on Tramways Nos. 1-4. Tariff for passengers on Tramway No. 5. Tariff for passengers on Tramway No. 6. Section 56. Tariff for animals. Tariff for goods and minerals. Tariff for small parcels. Fraction of mile. Fraction of ton. Determination of weight. Weights of stone and timber. Section 75.

https://oelawhk.lib.hku.hk/items/show/603

DISTRESS FOR RENT ORDINANCE, 1883

ORDINANCE NO. 1 OF 1883

Distress for Rent Ordinance, 1883.

AN ORDINANCE to consolidate and amend the laws realing to
distraints for rent. [1st march, 1883]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the distress for rent ordinance,
1883.
2 in this ordinance 'the court' means the supreme court in its summary jurisdiction.
PART I.
JURISDICTION.
3 the court shall have jurisdiction to issue warrants of distress for
arrears of rent in all cases, iwhtout respect to the value of the property
on which the rent is to be levied and without respect to the amount of
rent to be leived.
4-(1) no distress shall be levied for arrears of rent except under
the provisions of this ordinance.
(2) every person, not being a bailiff or officer acting under this
ordinance, who levies or attempts to levy any such distress shall, on
summary conviction before a magistrate, be liable to a penalty not
exceeding one hundred dollars or to imprisonment for any term not exceeding
three months, in addition to any other liability which he may have
incurred by his proceedings.
5-(1) the bailiffs of the court shall be employed under the provisions of this
ordiance.
(2) the salaries, allowance, and expenses of the bailiffs and other
officers employed under this ordinance shall be paid out of the general
revenue of the colony.
6-(1) all fees collected under this ordinance for services by such
bailiffs and officers shall be paid into the general revenue of the colony.
(2) no fees shall be taken or demanded for such distress except
those allowed by this ordinance, as set out in the firstr schedule to this
ordinance.
7 no warrant shall be issued in any case for arrears of rent due for
more than twelve months at the time of the application.
PART II.
MAKING OF DISTRESS.
8 any person claiming to be entitled to arrears of rent, or his duly
constituted attorney or agent, may apply for such warrant as is herein-
after mentioned.
9-(1) a power of attorney to an agent authorized to apply for
warrants of distress may either general or for the particular case,
and shall be exempt from stamp duty, if confined solely to the purpose
of giving authority to distrain for rent under this ordinance.
(2) such power may be in the form in the second schedule to this
ordinance or to the like effect.
10-(1) every application for a warrant shall be supported by an
affidavit or declaration, which may be according to the form in the
second schedule to this ordinance or to the like effect.
(2) such affidavit or declaration may be sworn or declared to in like
manner as other affidavits or declarations in the court.
11. a warrant according to the form in the second schedule to this
ordinance or to the lkie effect may be issued by a judge of the supreme
court or, in the absence of any judge from the court house, by the
registrar or a deputy registrar, returnable within six days and addressed to any
one of the bailiffs of the court.
12 the judge, registrar, or deputy registrar to whom application
is made may, on examination of the person applying for such warrant
decline to issue the same.
13-(1) if a judge declines to issue such warrant, application may
be made to the full court as provided in cases under section 23 of the
supreme court ordinance, 1873.
(2) if the registrar or a deputy registrar declines to do so, application
may be made to a judge in the first instance. a deputy registrar may,
however, always refer the matter to the registrar, on any
application made to such deputy registrar.
14 every distress under this ordinance shall be made after sunrise
and before sunset, and not at any other time, except by special leave of
the court or a judge.
15 in pursuance of the warrant aforesaid, the bailiff shall seize the movable
[roperty found in or upon the house or premises mentioned in
the warran, and in the apparent possession of the person from whom
the rent is claimed (hereinafter called the debtor), or such part thereof
as may, in the bailiff's judment, be sufficient to cover the amount of
the rent, together with the costs of the distress.
16 the bailiff shall not seize-
(1) things in actual use, in the hands of a person at the the time of
seizure; or
(2) tools and implements not in use, where there is other movable
property in or upon the house or premises sufficient to cover the
amount of the rent and costs; or
(3) goods of a temporary guest at an inn; or
(4) goods of a lodger at a furnished lodging-house; or
(5) the debtor's necessary wearing apparel; or
(6) goods in the custody of the law; or
(7) goods delivered to a person exercising a public trade, to be
carried wrought, worked up or managed in the way of his trade
or employ
17 on seizing any property under section 15, the bailiff shall make
an inventory and appraisement of such property, and shall give a copy
of such invertory and appraisement and notice in writing, according to
the form in the second schedule to this ordinance or to the like effect,
to the debtor or to any other person on his behalf, in or upon the said
house or premises.
18 the bailiff shall, as soon as may be, file in the court copies of
the said invernory, appraisemnt, and notice.
19-(1) any bailiff or officer appointed to execute a distress warrent
may break open inner doors.
(2) if he is denied admittance to any building as to which he has a
warrant to distrain, after declaring his name and business, or if, after
waiting a reasonable time, no person answers or is in the buidling, he
may apply to the court for authority to break open outer doors and
windows, so far as may be necessary to enable him to execute the warrant.
(3) the court, on being satisfied, by the affidavit of the bailiff or
officer, that there are no reasonable means of executing the warrant
without breaking open such outer doors or windows, may grant an
order in writing, addressed to a bailiff of the court, authorizing him
to break open, or have broken open, such doors and windows.
(4) before executing such order, however, the bailiff shall inform any
person or persons in or about the building that he has such order and that
he is about to act on it, unless the doors or windows are opened.
20 the bailiff may impound or otherwise secure the property seized
in or on the house or premises chargeable with the rent or may remove
the same.
PART III
DISCHARGE OF AND COMPENSATION FOR WRONGFUL DISTRESS
21 the debtor, or any other person alleging himself to be the owner
of any property seized under this ordinance, may, at any time within
five days from such seizure, on twenty-four hours' notice to the person
who obtained the warrant and to the bailiff, setting out the facts on
which the claim is founded, verified by affidavit, apply to the court to
discharge or suspend the warrant or to release a distrained article; and
the court may discharge or suspend such warrant or release such article
accordingly, on such terms as it may think just.
22 on any such application, the costs attending it and attending the
issue and execution of the warrant shall be in the discretion of the
court, and shall be paid as the ocurt directs.
23 if any claim is made to or in respect of any property seized
under distress warrant, or in respect of the proceeds or value thereof,
by any person not being the debtor, the registrar, on the application of
the bailiff who seized the property, may issue a summons calling before
the court the claimant and the person who obtained the warrant, and
therupon any action which may have been brought in respect of such
claim shall be stayed, and the court, on proof of the service of such
summons and that the property was so distrained, may order the plaintiff
to pay the costs of all proceedings in such action after the service of
such summons.
24-(1) every such claim shall be verified by affidavit or declaration
setting out the facts on which it is founded.
(2) when so verified the court shall adjudicate thereupon, and make
such order between the parties in respect thereof, and of the costs of
the proceedings, as it thinks fit
(3) such order shall be enforeced as if it were an order made in an
action brought in the court.
25-(1) in any case under section 21 or section 23, the court may,
if a claim has been made therefor at the time of application, and if it
appears to th court that the landlord or bailiff had no reasonalbe ground
for believing that the goods were properly distrainalbe, award such
compensation by way of damages to the applicant or claimant, as the
case may be, as the court thinks fit, and may for that purpose make any
inquiry it thinks necessary.
(2) the order of the court awarding or refusing such compensation
shall bar any action in respect of injury caused by the distress.
26 the court may, in its discretion, at any time, on the application
of the debtor and on reasonalbe notice being given of the application to the person who obtained the warrant, give time to the debtor to pay the
rent due from him, on such terms as it may think just and reasonable.
PART IV
SALE OF DISTRESS
27-(1) in default of any order to the contrary, the distrained property
shall be sold on the day mentioned in the notice of apprisement
and sale hereinbefore referred to, and such sale shall be conducted at
such a place and time and by such person as the registrar may direct,
whether by an auctioneer or by a bailiff of the court.
(2) the auctioneer or bailiff shall, on realizing the proceeds, pay
over the amount thereof to the court, and such amount shall be applied
first in payment of the costs of the distress, and then in satisfaction of
the debt; and the surplus, if any, shall be returned to the debtor.
28 provided that the debtor may require that the sale shall take place
in any other manner than that directed by the registrar, on giving
security for any extra costs or loss thereby, or that, in the opinion of
the registrar, may be thereby, occasioned.
PAART V
DESERTED PREMISES.
29-(1) where any immovable property is held at a rack rent, or
where the rent reserved is full three-fourths of the yearly value of the
demised premises, and where neither the value of the premisses by the
year, nor the rent payable in respect of the tenancy by the year, exceeds
three hundred dollars, if the tenant is in arrears for two months and
deserts the demised premises and leaves the same uncultivated or unoccupied,
so as no sufficient distress can be had to countervail the arrears
of rent, it shall be lawful for the court, at the request of the lessor or
landlord or his agent and on information upon oath, to issue its warrant
authorizing any bailiff to enter on the premises, bvreaking any doors,
windows, or gates, if necessary; and, if the premises are found to be
deserted with no sufficient distress therein, to place the same in charge
of a bailiff and to affix a notice thereon, in a conspicuous place, that,
unless cause to the contrary is shown before the court within ten days,
the premises will be given over to the applicatn.
(2) if no such cause is whon, it shall be lawful for the court, on
proof of the fact of desertion, of non-payment of at least two months'
rent last due, of want of sufficient distress, and that the applicant is the
lessor or landlord of the premises or entitled under this ordinance to a
distress warrant, to make an order directing a bailiff to put the applicant
in possession of the premises, and the demise shall become void.


PART VI
RULES AS TO DISTRESS
30 arrears of rent may be distrained for after the end or determination
of any term or lease at will, in the same manner as if such term or
lease had not been ended or determined; provided that such distress
is made during the continuance of the possession of the tenant from
whom such arrears became due.
31 no personal proerty shall be removed from any premises under
any writ from any court, other than writs in crown suits, until the claim
for rent due to the landlord or lessor or person entitled to receive the
rent is satisfied: provided that such claim shall not in any case exceed
the amount due for six months' rent last due.
32-(1) if personal property, otherwise liable to distress for rent,
is, at the time of the issue of any distress warrant or thereafter before
seizure by the bailiff under such warrant, sezied under any writ or
warrant of the supreme court, the said bailiff shall not seize such personal
property, but shall reture the warrant into court and deliver
copies thereof to the execution creditor or his agent and to the debtor,
either personally or by leaving the same at the place where the goods
were seized.
(2) such execution creditor or debtor or either of them may apply to
the court to discharge or suspend the warrant within the time and
in the manner mentioned in section 21, and if no such application is
made within the said time, the rgistrar shall, out of the first money to
be received by him from the officer executing such writ or warrant, pay
over to the person obtaining such distress warrant the amount thereof:
providied that if the amount mentioned in the distress warrant exceeds
the amount due for six months' rent, the registrar shall pay the amount
of rent due for six months and costs and no more.
33 if any execution is paid off after the issue of a istress warrant,
the bailiff shall immediately execute the distress warrant.
34 the following persons may, either personally or by their attorneys
or agents, apply for warrants to distrain for arrears of rent due to he
estates represented by them; that is to say,-
(1) executors or administrators of any lessor or landlord or person
entitled to receive rents;
(2) guardians for infants;
(3) committees of lunatis for the lunatics;
(4) receivers appointed by courts for the estate over or for which
they are apointed;
(5) assignees and trustees in bankruptey for the estate of the bankrupt;

(6) mortgagees for the property mortgaged, if the mortgagee is in
posssession;
(7) trustees for the estate oover which the trust extends;
(3) lessees against their under-lessees;
(9) the registrar for premises seized under execution, if rented to
tenants by the person aginst whom the execution is issued, or
otherwise rented so that the rent is payable to such person; and
(10) married women, with or without the concurrence of their husbands,
for arrears of rent due on property held by them to theri
sole and separate use.
35 where a right to distrain accrues to parties jointly interested or
together interested in any premises, such as coparceners, joint tenants,
tenants in common, executors, administrators, trustees, guardians, part-
ners, or otherwise, proceedings under this ordinance may be taken by
any one of such parties, in his own name and the name or names of those
jointly or together interested with him, and the levying of rent so distrained
for shall be a complete discharge to the tenant for the rent or
for so much tereof as may be so levied; and the party so levying shall
be liable to account to the parties having the interest jointly or together
with them for all sums so levied: provided that if, in any particular
case, it appears to the court or to the registrar or a deputy registrar,
to be advisable to do so, the court, or the registrar or a deputy registrar,
may require the require the party so applying to produce a written authority
to distrain, signed by one or more of the persons jointly or together
interested wiht him.
36 no property found at the time of distraint in or on any premises
as to which an arrear of rent is due shall be removed from such premises
without the consent of the person issuing the distress warrant, or by
direction of the registrar, until satisfaction is made for the rent due, if
the arrear has accrued during the current tenancy, and if at any time such
property would have been liable to distraint for rent under this ordinance;
and the landlord or loessor shall be entitled to require the bailiff,
on giving such bailiff a sufficient indemnity, to the satisfaction of the
registrar, to follow the property, if removed, and seize the same under
the distress warrant, whether or not such property was afterwards
disposed of by the owner by way of sale, exchange, mortgage, pledge, or
otherwise.
37 if the tenant of lessee or person in possession or occupation of
any premises on which there is an arrear of rent due, recovable by
distress, removes or carries away, or cuases or permits to be removed or
carried away, from the premises any movable property liable to be seized
of such rent, so as to prevent or hinder the bailiff from distraining the
same, it shall be lawful for the court, on application verified by affidavit,
to authorize the bailiff to whom the warrant of distress to distrain for the
rent on such premises is addressed, and the officers acting with him, to
follow and to take and seize such property as a distress for the said
arrears of rent, whenever the same may be found, at any time within
thirty days from the day of its removeal, exclusive of the day of removeal,
and to deal with the property so remvoed in the same way as if it had
been found on the premises, and, if advisable to do so, to place the same
again in the premises: provided that it shall be lawful for the bailiff,
without such authority, to follow and seize any such property found
by him in the act of being removed from any such premises, and before
the same is placed in any other house or building.
38 if such property or any part thereof so removed or carried away
under the circumstances mentioned in sections 36 and 37 has been
sold bonu fide and for a sufficient consideration, before or after removal
from the premises distrained, to any person not knowing and not having
the means of knowing that the same was liable to distraint for rent, or
was removed or carried away, or was to be removed or carried away,
so as to prevent or hinder the landlor or lessee from distraining, the
same, or so much thereof as has been so sold, shall be restored by the
bailiff distraining or by the court on application under section 21.
39 every tenant or lessee orperson in possession or occupation who
fraudulently removes or carries away movable property as aforesaid,
and every person who wilfully and knowingly aids or assists such tenant
or lessee or person in such fraudulent removal or carrying away, shall
be deemed to be guilty of a misdemeanor.
40 it shall be lawful for any police officer to stop and dtain, until
due inquiry can be made, all carts, hand carts, and carriages, and all
persons, engaged between the hours of eight o'clock in the evening and
six o'clock in the morning in removing the furniture of any premises.
41 where any distress is made for any sum of money to be levied
by virtue of his ordinance, the distress itself shall not be deemed unlawful,
nor the party making the same be deemed a trespasser, on
account of any defect or want of form in the proceeding relating thereto,
nor shall the party distraining be deemed a trespasser from the beginning
on account of any irregualrity which may afterwards be committed by
the party so distraining, but the person aggrieved by such irregualrity
may recover satisfaction for the special damages in an action as provided
by section 25.
42 nothing in this ordinance shall be held to apply to rents due to
the crown. SCHEDULE.
THE FIRST SCHEDULE.
TABLE OF FEES TO BE LEVIED IN DISTRAINTS FOR RENT.
the above scale is intended to include all expenses; except in actions
where the tenant disputes the landlord's claim, and witnesses have to be sub-
poenaed, in which case each subpoena must be paid for at 25 cents; where
watchmen are kept in charge of property distrained, 50 cents per day must be
paid per man; wher property is removed and stored, the necessary expenses,
to the fixed by the registrar, must be paid.

THE SECOND SCHEDULE.
FORMS
FORM NO.1.
Power of Attorney to distrain.
I, [or We], A.B., do hereby authorize C.D. to be my [or our] agent to act
for me [or our] in distraining, under the distress for rent ordinance, 1883,
for[all] the arrears of rent now due to me [or our](or to be hereafter due) on
property situated in [here describe the property], as to which I am[or We
are] entitled to distrain as woner, [or lessee, trustee, guardian, etc.,] alone
[or together with E.F.], etc.
dated the day of , I .
(signed)
A.B.
FORM NO. 2.
Affdavit in support of Application for Warrant of Distress.
HONGKONG.
In the supreme court, summary jurisdiction.
A.B., plaintiff,
v
C.D., defendant.
I, A.B., an inhabitant of , make oath and say that
C.D., of is justly indebted to in the sum of
$ for arrears of rent of the house and premises No. situate at
in the due for months,
to wit, form the day of , I , to the day
of , I , at the rate of per mensem.
(signed)
A.B.
Sworn before me
at on the
day of , I .
(signed)

FORM NO.3
Warrant of Distress.
HONGKONG.
In the supreme court, summary jurisdiction.
to E.F., bailiff of the court.
I hereby direct you to distrain the goods and chattels on the premises of
C.D. situate at in the for the sum of
$ being the amount months' rent due to A.B. for the
same on the day of , I , according to the provisions
of the distress of rent ordiance, 1883.
before proceeding to distraint under this warrant, you shall demand payment
of the amount indorsed hereon.
day of , I .
[L.S.] (signed)
FORM NO. 4.
Inventory, Appraisement, and Notice.
HONGKONG.
In the supreme court, summary jurisdiction.
To C.D.
Take notice that I have this day seized the goods and chattels contained in
the above inventory and appraisement, for the sume of $ being the
amount of months' rent due to A.B. on the day of , I ,
and that unless you pay that amount, together
with the costs of this distress, within five days from the date hereof, or
obtain an order from the Court to the contrary, the same will be sold on the
day of , I , pursuant to the provisions of the
distress for rent ordiance, 1883.
Dated the day of , I .
(Signed)
E.F.
A.D. 1883. Ordinance No. 1 of 1883, with Ordinance No. 15 of 1892 s. 2. Incorporated. Short title. Interpretation of term. Issuing of warrants of distress. Punishment of unauthorized person levying distress. Employment and payment of Bailiffs. Fees. First Schedule. Limitation of time for issie of warrant. Application for warrant. Form of power of attorney. Second Schedule: Form No. 1. Form and making of affidavit. Second Schedule: Form No. 2. Form and issue of warrant. Second Schedule: Form No. 3. Refusal of warrant. Appeal from refusal. No. 3 of 1873. Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule: Form No. 4. Filing of inventory, etc. Entry and forcible entry. Impounding, etc., of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudiction in case of wrongful distress. Awarding of compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Execution of distress warrant after satisfaction of execution. Person allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following of property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by tenant. Power to Police officer to stop removal of furniture. Protection against irregularity in proceedings Exclusion of Crown rents. Section 6. Section 9. Section 10. Section 11. Section 17.

A.D. 1883. Ordinance No. 1 of 1883, with Ordinance No. 15 of 1892 s. 2. Incorporated. Short title. Interpretation of term. Issuing of warrants of distress. Punishment of unauthorized person levying distress. Employment and payment of Bailiffs. Fees. First Schedule. Limitation of time for issie of warrant. Application for warrant. Form of power of attorney. Second Schedule: Form No. 1. Form and making of affidavit. Second Schedule: Form No. 2. Form and issue of warrant. Second Schedule: Form No. 3. Refusal of warrant. Appeal from refusal. No. 3 of 1873. Time for making distress. Property liable to seizure. Property not liable to seizure. Making of inventory on seizure. Second Schedule: Form No. 4. Filing of inventory, etc. Entry and forcible entry. Impounding, etc., of property seized. Discharge or suspension of warrant or release of distress. Costs of application. Wrongful distress. Adjudiction in case of wrongful distress. Awarding of compensation for wrongful distress. Power to allow time for payment of rent. Mode of sale of distress. Right of debtor as to manner of sale. Case of deserted premises, where no distress left. Distress for arrears of rent on determination of lease. Priority of landlord's right over writs, except in Crown suits. Property seized under writ or warrant of Supreme Court. Execution of distress warrant after satisfaction of execution. Person allowed to apply for distress warrant. Right of one of several parties interested to institute proceedings. Removal of property under distraint. Following of property liable to seizure and removed. Restoration of property removed but bona fide sold. Fraudulent removal of property by tenant. Power to Police officer to stop removal of furniture. Protection against irregularity in proceedings Exclusion of Crown rents. Section 6. Section 9. Section 10. Section 11. Section 17.

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PUBLIC OFFICERS (CONVICTION OF CRIME) ORDINANCE, 1882

ORDINANCE NO. 2 OF 1882.

Public Officers (Conviction of Crime) Ordinance, 1882.

AN ORDINANCE to provided for the vaction of offices and the
determination of pensions and allowances held by persons
convicted of crime. [13th December, 1882]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1. This ordinance may be cited as the Public Officers (Conviction of
Crime) Ordinance, 1882.
2. If any person convicted within the jurisdiction of any of her
majesty's courts, after the commencement of this ordinance, of treason
or felony for which he is sentenced to death, or penal servitude, or any
term of imprisonment with hard labour or exceeding twelve months,
at the time of such conviction holds in this colony any civil office
under the crown or other public employment to place, or is entitled to
any pension or superannuation allowance payable by the public or out
of any public fund, such office, employment, or place shall forthwith
become vacant, and such pension or superannuation allowance shall forth-
with deermine and cease to be payable, unless such person receivces a free
pardon from her majesty within six months after such conviction, or
before the filling up of such office, employment, or place, if given at a
later period; and such person shall become and (until he has suffered
the punishment to which he has been sentenced or such other punishment
as by competent authority may be substituted for the same or
receives a free pardon from her majesty) shall continue therceforth
incapable of holding in this colony any civil office under the crown or
other public employment or place.
A.D. 1882. Ordinance No. 20 of 1882.
Short title.
Forfeiture of public office or pension by person convicted of certain crime. 33 & 34 Vict.c. 23 s. 2.

A.D. 1882. Ordinance No. 20 of 1882.
Short title.
Forfeiture of public office or pension by person convicted of certain crime. 33 & 34 Vict.c. 23 s. 2.

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BANISHMENT AND CONDITIONAL PARDONS ORDINANCE, 1882

ORDINANCE NO. 1 OF 1882.

Banishment and Conditional Pardons Ordinance, 1882.

AN ORDINANCE to make provision with respect to the banishment
and conditional pardon of certain persons. [7th July, 1882]
BE it enacted by the governor of Hongkong, with the advice of the
legislative council thereof, as follows:-
1. This ordinance may be cited as the Banishment and Conditional
Pardons Ordinance, 1882.
2. In this ordinance the expression 'order of banishment' means an
order of the governor-in-council prohibiting a person from residing or
being within this colony for a term not exceeding five years.
3.-(1) When any person, not being a natural-born or naturalized
subject of her majesty and having been convicted of any offence
punishable by imprisonment, has, wihin twelve months after the expiration
of any term of imprisonmnet which he may have suffered for such
offence, been convicted of any offence punishable by imprisonment, such
person may at any time be required by any magistrate to find reasonaable
security for his appearance in any ccourt for any purrpose and at any
time within twelve months.
(2) every adjudication to that effect shall be made in open court
and be reported forthwith to the governor.
(3) if such person does not find such security, he shall be deemed a
person dangerous to the peace of the colony.
4.-(1) The governor-in-council may, by order, prohibit any person,
not being a natural-born or naturalized subject of her majesty, from
residing or being within this colony during any space of time not
exceeding five years, and may by the same or any subsequent order, fix
the time for the departure of such person from the colony.
(2) every order made under this section prohibiting any person from
residing or being within this colony shall contain a statement of the
grounds on which it is made.
(3) it shall be in the discretion of the governor-in-council to order
that the person named in any such order shall be detained in the custody
of the police until the leaves the colony, and such person may thereupon


be arrested, and shall be deemed to be under lawful arrest until he
leaves the coony or until the final departure from the colony of the any
vessel in which he leaves.
5 every person who has been prohibited by an order of banishment
from residing or being within this colony for any space of time not exceeding
five years under the provisions of this or any other ordinance,
and who, wihout lawful authority or excuse (the proof whereof shall lie
on him), is in this colony after the date of such order or after the time
fixed for his departure, and before the expiration of the term of his ban-
ishment, shall be guilty of a misdemeanor, and, being convicted thereof,
shall be liable to imprisonment, with or without hard labour, for any
ter not exceeding one year: provided that in any case in which the
prisoner, when brought before a magistrate on any such charge, pleads
guilty thereto, it shall be lawful for the magistrate to deal summarily
with the case, instead of committing the prisoner for trial at the supreme
court.
6. the governor may, in his discretion, grant to any offender convicted
of any crime a pardon subject to either of the following conditions,
as the case may be, namely, that such offender shall quit the colony and
not afterwards be found at large therein; or that such offender shall, in
lieu of a sentence of death which may have been passed upon him by
any court of competent jurisdiction, suffer such term of imprisonment,
with or without hard labour, as the governor may think fit.
7. if any offender to whom a pardon has been granted, either before
or after the commencement of this ordinance, on the condition of his
quitting the colony, is afterward found atg large therin without lawful
authority or excuse(the proof wherof shall lie on him), he shall be
guilty of a felony or of a misdemeanor, according to the nature of the
offence for which he received such conditional pardon, and, being convicted
thereof, shall be liable to any sentence not exceeding the whole of
his original or commuted sentence, such sentence to commence from the
date at which he is tried and convicted under this ordinance: provided
that in any case in which the prisoner, when brought before a magistrate
on any such charge, pleads guilty thereto, it shall be lawful for the
magistrate to deal summarily with the case, and to remit him to gaol to
undergo any sentence not exceeding the whole of his original or commuted
sentence, instead of committing him for trial at the supreme
court.
8 if it appears fit to the governor-in-council, the governor-in-
council may issue a new order of banishment against any person who
has been convicted of an office against secgin 5, and such order shall commence to take effect during or at the expiration of any term of
imprisonment to which the prisioner has been sentence.
9. If it appears fit to the governor-in-council, the governor-in-
council may issue an order of banishment against any person who has
been convicted of an offence aginst section 7, and such order shall com-
mence to take effect during or at the expiration of any term of imprisonment to which the prisoner has been sentenced.
10. Every person who knowingly harbours or conceals in the colony
any person who banishment has been order shall, on conviction
thereof before a magistrate, be liable to a penalty not exceedig fifty
dollars.
A.D. 1882. Ordinance No. 8 of 1882, with Ordinance No. 4 of 1885 incorporated.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.

A.D. 1882. Ordinance No. 8 of 1882, with Ordinance No. 4 of 1885 incorporated.
Short title.
Interpretation of term.
Power to Magistrate to order alien twice convicted of offences to find security to appear within twelve months.
Power to Governor-in-Council to banish alien for five years. Penalty for disobedience of order of banishment. Power to Governor to grant pardon for crime, subject to certain conditions. Punishment for breach of conditional pardon. Power to Governor-in-Council to issue new order of banishment.
Power to Governor-in-Council to banish for offence against s. 7. Penalty for harbouring banished person.

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CENSUS ORDINANCE, 1881

ORDINANCE NO. 2 OF 1881.

Census Ordinance, 1881.

AN ORDINANCE to make provision for taking from time to time the
Census of the colony. [14the march, 1881]
BE it enacted by the governor of Hongkong, with the advice of the
Legislative council thereof, as follows:-
1. This ordinance may be cited as the Census Ordinance, 1881.
2.-(1) The governor-in-council may authorize and directed a census
to be taken of the inhabitants of the colony at such officers as may
be necessary for the purpose.
(2) Notice of the intention to take such census, and of the date of
such intended taking, shall be published in the gazette at least ten days
previously.
3. The officers appointed to take the census shall, in accordance with
the insturctions of the governor, make such arrangements as may be
necessary for the purpose.
4. Schedules shall be prepared, under the direction of the governor,
for the purpose of being filled up by or on behalf of the several occupiers
of every dwelling house or place of residence in the colony, and by or
on behalf of the persons on board every vessel in the waters of the colony,
with such particulars as to the governor-in-council may seem fit.
5 the governor-in-council may from time to time make, and, when
made, revoke, add to, and alter, regulations for carrying out this ordinance,
and all such regulations, revocations, additions, and alterations shall
be published in the gazette, and shall be posted in such places and in such
languages as the governor-in-council may direct.
6. the master or keeper of every school, gaol, prison, hopital, or public
or charitable institution, and the manager of every dock, factory, or
place emplying over twenty perssons, and the proprietor or manager of
every hotel, and the master or person in charge of every vessel lying
within the waters of this colony shall be the enumerators of the inmates
thereof or the persons residing therein.
7 all officers appointed under this ordinance mayask all such questions
as may be necessary for obtaining the information required under
this ordinance.
8-(1) every person who, without lawful excuse, wilfully refuses or
neglects-
(a) to fill up and sign, according to the truth of the case, or to alter
or amend in any particular, if required to do so by the enumerator,
any schedule so left at his house or place of residence; or
(b) to deliver the same to the enumerator or other officer when
required to do so; or
(c) to furnish information to any enumerator or to permit any
enumerator to obtain information on board his vessel; or
(d) to answer any such question as aforesaid put to him by any
enumerator or other officer,
shall, on summary conviction before a magistrate, be liable to a penalty
not exceeding twenty-five dollars,
(2) every person who-
(a) wilfully makes, signs, or delivers, or causes to be made, signed,
or delivered, any false return as to any of the matters specified
in this ordinance; or
(b) wilfully obstructs any enumerator or person engaged in the
execution of duties required of him under this ordinance,
shall on summary conviction before a magistrate, be liable to a penalty
not exceeding one hundred dollars.
(3) any enumerator appointed under this ordinance who knowingly
makes a false return of any of the matters specified herein shall, on summary
conviction before a magistrate, be liable to a penalty not exceeding
five hundred dollars.
(4) pernalties imposed under this section shall be recoverable under
the provisions of any ordinance for the time being in force relating to the
jurisdiction of magistrates and the practice and procedure before them in respect of offences punishable on summary conviction.
9. The governor-in-council shall award such remunneration as he may
think fit to officers and enumerators appointed under this Ordinance.
A.D. 1881. Ordinance No. 2 of 1881.
Short title.
Power for Governor-in-Council to direct census and to appoint and remove officers therefor.
Making of necessary arrangements.
Preparation of schedule. Making of regulations. Enumeration of inmates of schools, etc. Right of officer to ask questions. Offences. See Ordinance No. 3 of 1890. Remuneration of officers.

A.D. 1881. Ordinance No. 2 of 1881.
Short title.
Power for Governor-in-Council to direct census and to appoint and remove officers therefor.
Making of necessary arrangements.
Preparation of schedule. Making of regulations. Enumeration of inmates of schools, etc. Right of officer to ask questions. Offences. See Ordinance No. 3 of 1890. Remuneration of officers.

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MACAO EXTRADITION ORDINANCE, 1881

ORDINANCE NO. 1 OF 1881.

Macao Extradition Ordinance, 1881.

AN ORDINANCE to make provision for the Apprehension and
Surrender of Criuminal Fugitives from the Territory of Macao.
[14th march,1881]
WHEREAS persons who have committed certain crimes within the
territory of Macao may excape to this colony and it is expedient to provide for the apprehension of such fugitives from justice and for
their surrender to the government of macao in order that they may be
dealt with according to law:
BE it therefor enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may be cited as the macao extradition ordinance,
1881.
2 in this ordinace-
'the governor of macao' includes the person for the time being
administering the government of macao;
'the territory of macao' extends to any place within the jurisdiction
of the government of macao and includes the high seas;
'the superintendent of the gaol' means the superintendent of victoria
gaol and includes the keeper of any prison or place of custody
for criminals within this colony.
3 in case requisition is at any time made by the governor of macao
to the governor of this colony to deliver up to justice any person who,
being accused or convicted of any of the crimes and offences specified
in the first schedule to this ordinance, and alleged to have been committed,
either before or after the commencement of this ordinance,
within the territory of macao, has taken refuge within this colony, the
governor of this colony may, if he, in his discretion, thinks fit, by
warrent under his hand and seal, signify that such requisition has been made
and require the police magistrates to govern themselves accordingly,
and to aid in apprehending the person so accused or convicted and here-
inafter referred to as the fugitive.
4 on the issue of such warrent, any police magistrate may issue his
warrant for the apprehension of the fugitive, and, if he is already in custody,
may issue an order to the superintendent of the gaol forthwith to
bring the fugitive before him to be dealt with in manner hereinafter
provided.
5 if the fugitive is apprehended or if he is already in custody, he
shall be brought forthwith before the magistrate, and the following
conditions and regulations shall be complied with; that is to say,-
(1) there must be produced before the magistrate a valid warrant of
arrest issued by a judge or other competent magistrate having
authority within the territory of macao to take cognizance of the
crime charged, and clearly setting forth such crime;
(2) in the case of a person accused but not cnvicted, such evidence
shall be produced to the magistrate as would, in his opinion, justify
the apprehension of the fugitive if the crime of which he is accused



had been committed within the jurisdiction of this colony, with this
qualification, that copies of depositions signed or taken before any
such judge or other competent magistrate as aforesaid and uthenticated
in manner hereinafter provided may be received in evidence
of the criminality of the fugitive;
(3) in the case of a person convicted, a copy of the conviction,
authenticated in manner hereinafter provided, shall be prodcued.
but if it should appear that the conviction was pronounced in the
absence of the accused person for contumacy in not having surrendered
to take his trial, the same evidence shall be produced to
the magistrate as in the case of a person accused but not convicted;
(4) in every case, proof of the identity of the fugitive must be given,
to the satisfaction of the magistrate;
(5) a warrant of arrest and copies of depositions, signed or taken
before any such judge or other competent magistrate as aforesaid,
and a copy of the conviction, shall be received in evidence, if the
warrant of arrest purports to be signed by such judge or magistrate, and
if the copy of depositions purports to be certified under the
hand of such judge or magistrate to be a true copy of the oriinal
depositions, and if the copy of the conviction purports to be certified
under the hand of the judge of the court by which the fugitive
was convicted to be a true copy of the original conviction.
the signature of every such judge or magistrate, and his authority
to take cognizance of the crime of offence charged, shall be
sufficiently proved if the document purports to be sealed with the
oficial seal of the governor of macao, and all courts of justice in
this colony shall, for the purposes of this ordinance, take judicial
notice of such seal, and shall admit the documents so authenticated
by it to be received in evidence without further proof; and
(6) the original warrant of arrest and the copy of the depositions,
or, as the case may be, the copy of the conviction, shall be read to
the fugitive, and he shall be asked if he has any valid cause to
show why he should not be committed to gaol to await the order
of the governor-in-council.
6 if the fugitive fails to show cause, to the satisfaction of the magistrate,
why he should not be committed, and if the magistrate is of opinion
that there is sufficient prima facie evidence to establish the criminality
of the fugitive, he shall commit him to gaol, there to await the order of
the governor-in-council: provided that before any such committal the
magistrate shall inform the fugitive that a period of fifteen days will be
allowed him to appeal to the supremem court, if he thinks fit, under the
next succeeding section or apply for a writ of habeas corpus.
7 the following rules as to appeals to the supreme court shall be
observed; that is to say,-
(1) if the fugitive desires to appeal to the supreme court against
a magistrate's order of committal and notifies such desire to the
magistrate at any time before the expiration of fiften days from
the date of such order; or if the attorney general desires to appeal
to the supreme court against a magistrate's order of discharge of
a fugitive and notifies such desires to the magistrate at any time
before the actual discharge of the fugitive, the magistrate shall,
subject to the provision in paragraph 3 hereinafter contained, grant
such appeal and tranmit forthwith to the registrar of the supreme
court the depositions and all other documnets relating to the case,
together with any statement in writing which he may think fit to
annex in realtion thereto;
(2) if the appeal is by the attorney general against an order of
discharge, such order shall be suspended until the conclusion of the
appeal, and the fugitive shall be detained in custody until the
further
order of th magistrate or of the supreme court;
(3) if the appeal is by a fugitive against an order of committal and
the magistrate has reason to believe that the appeal is mermly frivolous,
he may refuse to grant the same;
(4) in case the magistrate refuses to grant an appeal to a fugitive on
the ground that the same is frivolous, the supreme court may, if
he thinks fit, one the fugitive's petition in writing, setting forth the
grounds of apeal, make an order directing the magistrate to grant
the appeal;
(5) the magistrate shall cause notice of his intention to discharge a
fugitive (otherwise than in pursuance of any decision of the supreme
court), and also of any appeal by fugitive against his
committal, to be served on the crown solicitor, and no fugitive shall
be discharged by a magistrate (otherwise than as aforesaid), unless
the attorney general has had an opportunity of being heard in
opposition therto and of giving notice of appeal; and
(6) every appeal under this ordinance may be heard in vaction and
either in court or in chambers, and shall be set down for hearing
on such early day and at such hour as the chief justice may appoint,
notice whereof shall be given in writing by the registrar of the
supreme court to the superintendent of the gaol, who shall, on
the day and hour appointed, bring the fugitive before the chief
justice; and on the hearing of the appeal the chief justice may,
if he thinks fit, receive any new evidence and may either affirm or
reverse the decision of the magistrate, according as he of opinion
that there is or is not sufficient prima facie evidence of the crimin


ality of the fugitive or that the conditions and regulaitns of section
5 have or have not been coplied with, and may order the fugitive
to be committed to gaol or to be discharged, as the case may be, or
make any other order with respect to the said matter as may be
requisite to the due adjudication thereof.
8 the magistrate before whom a fugitive is brought under this
ordinance shall, at the conclusion of the case, send a report thereon to
the governor.
9-(1) it shall be lawful for the governor-in-council, if, in the discretion
of the governor-in-council, it seems fit, after expiration of
fifteen days from the date of the committal of a fugitive by a magistrate
or, in case of any procceding by appeal or writ of habeas corpus, then
subject to the decision of the supreme court thereon, and subject also
to the provision of sections 10 and 11, by order directed to the super-
intendent of the gaol and hereinafter called an extradition order, to
order the fugitive so committed to be delivered to such person as may,
by warrant under the hand and seal of the governor of macao, be
authorized to receive him, and the fugitive shall be delvered up accordingly.
(2) the person authorized as aforesaid may hold the fugitive in
custody and convey him to any place within the territory of macao, and
if the fugitive escapes out of any custody to which he is committed or
to which he is delivered as aforesaid, it shall be lawful to retake him in
the same manner as any person accused of any felony committed within
this colony may be retaken upon an escape: provided that in every
case where, before the expiration of the said period of fifteen days, the
order of committal has been affirmed on appeal or the fugitive has
applied for a writ of habeas corpus, and has failed on the return thereof
to obtain his discharge, it shall be lawful for the governor-in-council,
in such discretion and subject as aforesaid, to grant and extradition order
without further delay.
10 no extradition order shall be granted by the governor-in-council
in any case where, in the opinion of the governor-in-council, the requisition
for the extradition of the fugitive has been made for political
reasons or a political offence is involved in the crime charged; but it
shall not be open to the fugitive to claim his discharge from custody on
such ground before any judge or magistrate, and any attempt against
the life of the governor or of any public officer or member of the
government of macao shall not be deemed a political offence.
11 no extradition order shall be granted by the governor-in-council
in respect of any fugitive who is undergoing any sentence of imprison-

ment pronounced by any of the courts of this colony, or who is charged
with any crime or offence cognizable by the said courts, until the expiration
or previous determination of such sentence or of any sentence
which may be pronunced upon his trial for such crime or offence or
until his acquittal or the abandonment of such charge.
12 the governor-in-council may at any time issue an order directed
to the superintendent of the gaol for the release of any fugitive in
custody under this ordinance in respect of whom the governor-in-
council does not think fit to issue an extradition warrant, and thereupon
the fugitive shall be forthwith discharged from such custody.
13 where any fugitive who has ben committed under this ordinance
is not delivered up pursuant thereto, and conveyed out of this
colony within one month after the date of such committal, the chief
justice may at any time, on application made to him by or on behalf of
the fugitive and on its being proved, to his satisfaction, that reasonable
notice of the intention to make such application has been given to the
crown solicitor, orfer the fugitive so committed to be discharged out
of custody, unless sufficient cause is shown to him why such discharge
ought not to be ordered: provided that, in every case where the fugitive
has appealed to the supreme court or has applied for a writ of
habeas corpus, the said period of one month shall be computed from the
date of the decision of the supremem court upon such proceeding, and in
every case within section11 the said period shall be computed from the
date of the expiration of the fugitive's sentence or of his acquittal or of
the abandonment of the charge as therein mentioned.
14 the governor-in-council may from time to time, by order to be
published in the gazette, declare that any crime or offence specified in
such order, and not included in the first schedule to this ordinance,
shall form part therof, and from and after the date of the publication
of such order the several crimes and offences specified therein shall come
within the operation of this ordinance as if the same had been originally
included in the said schedule.
15 the governor-in-council may at any time, by order to be published
in the gazette, declare that any crime or offence specified in the first
schedule to this ordinance, or which may hereafter be added to the said
schedule as hereinbefore provided, shall no longer form part therof,
and from and after the date of the publication fo such order such crime
or offence shall cease to come within the operation of this ordinance.
16 all expenses incident to the apprehension, detention, maintenance,
and delivery of a fugitive under this ordinance shall be borne by this colony.




17 if any action is brought against a magistrate, gaoler, officer of
police, or any other person for anything done in obedience to any warrant
or order issued under the provisions of this ordinance, the proof of such
warrant or order shall be a sufficient answer to such action; and the
defendant or defendants on such proof as aforesaid shall be entitled to a
verdict or judgment in his or thier favour, and shall also be entitled to
his or their full costs of the action.
18 the forms i nthe second schedule to this ordinance or forms to
the like effect, ith such variations and additions as circumstances may
require, may be used for the puposes therein indicated, and instruments
in those fomrs shall (as regards the form thereof) be valid and sufficient.
19 in case the governor-in-council deems it expedient that this
ordinance or any part therof should be repealed or the operation thereof
suspended for any period, it shall be lawful for the governor of this
colony, by proclamation in the gazette, to declare that this ordinance
or any part thereof is repealed or shall be suspended in its operation for
any period, and rom the date of the publication of such proclamation
the said ordinance or such part thereof as may be specified in the pro-
clamation shall be deemed to be repealed or suspended accordingly.

SCHEDULES.
THE FIRST SCHEDULE.
LIST OF CRIMES AND OFFENCES.
the following list of crimes and offences is to be construed according to th
law existing in the colony of hongkong at the date of the alleged crime
or offence, whether by common law or by imperial statute or local ordinance
made before or after the commencement of this ordiance.
1 murder, and attempt and conspiracy to murder.
2 manslaughter.
3 wounding with intent to do grievous bodily harm.
4 counterfeiting and altering money and uttering counterfeit or altered
money.
5 forgery, counterfeiting, and altering, and uttering what is forged or
counterfeited or altered.
6 lareeny and embezzlement.
unlawfully receiving stolen property.
8 obtaining money or goods by false prefences.
9 crimes by bankrupts against bankruptey law.
10 fraud by a bailee, banker, agent, factor, trustee, or director, or member,
or public officer of any company made criminal by any law for the
time being in force.

11 rape.
12 abduction, or focible taking or detainion.
13 child-stealing.
14 burglary and housebreaking
15 arson
16 robbery with violence.
17 threats by letter or otherwise, with intent to extort
18 piracy by law of nations or municipal law.
19 sinking or destroying a vessel at sea, or attempting or conspirign to do so
20 assault on board a ship on the hgih seas, wiht intent to destroy life or
to do grievous bodily harm.
21 revolt or conspiracy to revolt by two or more persons on board a ship
on the high ses against the authority of the master
22 desertion from the naval, military, or police force.

THE SECOND SCHEDULE.
FORMS
FORM NO.1
Governor's Warrant to Police Magistrates
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG
By his excellency governor and commander-in-
chief of this colony and its dependencies.
to police magistrates
whereas requisition has been duly made to me, pursuant to the above mentioned
ordinance, for the surrender of one now in this
colony, charged with having committed the crime of
within the territory of macao and with being a fugitive from justice: you
are hereby required to govern yourselves accordingly, and to aid in apprehending
the said fugitive and in committing him to goal for the purpose of
his being delivered up to justice according to the provisions of the above-
mentioned ordinance; and for so doing this shall be your warrant.
given under my hand and seal at victoria, hongkong, this day of
, I .
[L.S.] (signed)
governor, Sc.
by order,
(signed)
colonial secretary FORM NO.2
Warrant of Apprehension.
THE MACAO EXTRADITION ORDIANCE, 1881.
to all and each of the constables of the hongkong police
force
whereas his excellency governor and commander-
in-chief of this colony and its dependencies, by warrant under his
hand and seal, has signified that, pursuant to the above-mentioned ordinance,
requisition has been been duly made to him for delivering up to justice one
now in this colony, charged with having committed the
crime of within the territory of macao and with
being a fugitive from justice, and has required the police magistrates to govern
themselves accordingly and to aid in apprehending the said fugitive:
this is, therefore, to command you, in her majesty's name, forthwith to
apprehend the said fugitive, pursuant to the above-mentioned ordinance,
wherever he may be found in this colony, and to bring him before me or any
other police magistrate sitting in this court to answer to the said charge;
and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.

FORM NO.3
Order to Superintendent of Gaol to bring up Prisoner.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To the superindendent of victoria gaol.
whereas his excellency governor and commander-
in-chief of this colony and its dependencies, by warrant under his
hand and seal, has signified that, pursuant to the above-mentioned ordinance,
requisition has been been duly made to him for delivering up to justice one
within the territory of macao and with
being a fugitive from justice, and has directed the police magistrates to govern
themselves accordingly for the pupose of such fugitive being delivered up to
justice under the provisions of the said ordinance; and whereas the said
fugitive is now detained in victoria gaol under your custody: you are hereby
ordered to bring up the said forthwith before me or any
other police magistrate sitting in this court to dealt with as provided by law.



given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.

FORM NO. 4
Warrent of Committed.
THE MACAO EXTRADITON ORDIANCE, 1881.
To one of the constables of the
hongkong police force, and to the superintendent of victoria
gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' court of this colony,
charged with having committed on the day of ,
I , within the territory of macao, the crime of
and with being a fugitive from justice: and whereas the evidence which has
been shown to me of the criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned Ordinance: this is, therefore, to command you, the
said constable, in her majesty's name, forthwith to convey and deliver the
body of the said into the custody of the said superintendent
of victoria gaol: and yu, the said superintendent, to receive the
said into your custody in the said gaol and him there
saftely to keep until he shall be thence delivered, pursuant to the provisions
of the above-mentioned ordinance: and for so doing this shall be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.

FORM NO. 5
Petition of Fugitive for Order of Appeal.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To the supreme court of hongkong.
the humble petition of a prisoner in victoria
gaol,-
showeth:
1 that your petitioner was, on the day , I , committed to goal by , Esquire, police
magistrate, as a fugitive from justice, there to await the order of his
excellency the governor, under the provisions of the above-mentioned
ordinance.
2 that your peitioner has been advised[or believes] that the said order
of committal ought to be reversed on the following grounds; that is to say,-
[state grounds]
3 that your petitioner has given notice to the magistrate of his desire to
appeal against the said order, but the magistrate has refused to grant the
said appeal.
your petitioner therfore humbly prays that this honourable court will be
pleased to order that the said appeal be granted.
and your petitioner will ever pray, &c., &c.
dated the day of , I .

FORM NO.6
Noticee to the Crown Solicitor of the Magistrate's intention to discharge
the fugitive or of the fugitive's appeal.
THE MACAO EXTRADITION ORDINANCE, 1881.
HONGKONG.
To Esquire, Crown Solicitor.
whereas one has been brought before ,
esquire, one of the police magistrates, charged with having on the day
of , I , committed the crime of
within the territory of macao and with being a fugitive from justice; and
whereas the evidence which has been shown to the said magistrate of the
criminality of the said is not, in his opinion, sufficient
to justify his committal to gaol under the provisons of the above-mentioned
ordinance; and whereas, by reason therof, the said magistrate intends to
make an order for his discharge on nex, the day of
, I , at the hour of [or and whereas the said magistrate has
ordered the committed of the said fugitive to gaol under the provisions of the
above-mentioned ordinance; and whereas the said fugitive has appealed
against the said order of committal]: this is therefore, to give you notice of
such intended order[or appeal], pursuant to section 7 of the above-metnioned
ordinance.
dated the day of , I .
(signed)
magistrate's clerk FORM NO. 7
Magistrate's Order of Discharge.
THE MACAO EXTRADITON ORDIANCE, 1881.
To superintendent of victoria gaol.
whereas on the day of , I ,
late of was brought before me
one of the polcie magistrates sitting at the magistrates' court of this colony,
charged with having committed on the day of ,
I , within the territory of macao, the crim of
and with being a fugitive from justice: and whereas the evidence which has
been shown to me of the criminalit of the said is,
in my opinion, sufficient to justify his committal to gaol, pursuant to section
6 of the above-mentioned Ordinance: you are hereby ordered to discharge the
said from your
custody in the said gaol under the said ordinance; and for so doing this shall
be your warrant.
given under my hand an seal, at the magistrates' court of this colony,
this day of , I .
[L.S.] (signed)
police magistrate.


FORM NO. 8
Extradition Order of Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas on the day of , I , one
was committed to gaol as a fugitive under the provisions of the above-men-
tioned ordinance; and whereas the is now in victioria
gaol in your custody under the said committal; and whereas it has been
determined that the said fugitive shall be surrendered to the government of
macao: you are hereby order to deliver the said unto
being the person duly authorized by the government of macao
to receive the said fugitive and to convey him within the territory of macao;
and for so doing this shall be your warrant.
approved in council this day of , I .
(signed)
governor, &c.
(signed)
clerk of councils.


FORM NO. 9
Order of Release by Governor-in-Council.
THE MACAO EXTRADITON ORDIANCE, 1881.
HONGKONG.
To superintendent of victoria gaol.
whereas one is now in your custody as a fugitive
under the provisions of the above-mentioned Ordinance; and whereas it has
been determined that no extradition order shall be granted in respect of the
said fugitive: you are hereby ordered to release the said
from custody under the above-mentioned Ordinance.
approved in council this day of , I .
(signed)
Covernor, &c.
(signed)
Clerk of Councils.
A.D. 1881. Ordinance No. 1 of 1881. Short title. Interpretation of terms. Issue by Governor to Police Magistrates or warrant to apprehend criminal fugitive from Macao. First Schedule. Second Schedule: Form No. 1. Issue of warrant by Magistrate. Second Schedule: Forms Nos.2 and 3. Proceedings before Magistrate. Commital by Magistrate. Second Schedule: Form No. 4. Second Schedule: Form No. 5. Form No. 6; Form No. 7. Report by Magistrtate to Governor. Order by Governor-in-Council for delivery up of fugitive. Second Schedule: Form No. 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Power to Governor-in-Council to issue order of release. Second Schedule: Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of crimes and offences. Power to expunge crime or offence from list. Expenses of extradition. Protection of Magistrate, etc., acting under the Ordinance. Use of forms. Second Schedule. Power to Governor-in-Council to repeal to suspend the Ordinance or part thereof. Section 3. Section 18. Section 3. Section 4. Section 4. Section 6. Section 7. Section 7. Section 7. Section 9. Section 12.

A.D. 1881. Ordinance No. 1 of 1881. Short title. Interpretation of terms. Issue by Governor to Police Magistrates or warrant to apprehend criminal fugitive from Macao. First Schedule. Second Schedule: Form No. 1. Issue of warrant by Magistrate. Second Schedule: Forms Nos.2 and 3. Proceedings before Magistrate. Commital by Magistrate. Second Schedule: Form No. 4. Second Schedule: Form No. 5. Form No. 6; Form No. 7. Report by Magistrtate to Governor. Order by Governor-in-Council for delivery up of fugitive. Second Schedule: Form No. 8. Exception as to political offences. Case of fugitive undergoing sentence in the Colony, etc. Power to Governor-in-Council to issue order of release. Second Schedule: Form No. 9. Right of fugitive to apply to Chief Justice for discharge, if not delivered up within certain time. Power to add to list of crimes and offences. Power to expunge crime or offence from list. Expenses of extradition. Protection of Magistrate, etc., acting under the Ordinance. Use of forms. Second Schedule. Power to Governor-in-Council to repeal to suspend the Ordinance or part thereof. Section 3. Section 18. Section 3. Section 4. Section 4. Section 6. Section 7. Section 7. Section 7. Section 9. Section 12.

https://oelawhk.lib.hku.hk/items/show/598

MARRIAGE ORDINANCE, 1875

ORDINANCE NO. 7 OF 1875.

Marriage Ordinance, 1875.

AN ORDIANCE to provide a general register of marriage celebrated
in the colony. [1st march, 1876]
WHEREAS it is expedient that marriages celebrated in the colony
should be systematiclly recorded in one general register:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may cited as the marriage ordinance, 1875.
Registrar of Marriages, etc.
2-(1) the registrar general shall be registrar of marriages, and,
to assist him, the governor may appoint one or more depuy registrars,
and such deputies may celebrate marriages, and may exercise all the
other powers and perform all the dutires conferred upon the registrar
general by this ordinance.
(2) all acts done by a deputy shall be as valid as if done by the
registrar general.
3 the governor may license any place of public worship to be a
place for the celebration of marriages, and may at any time cancel any
such licence.
4 whenever the governor grants or cancels any such licence, the
registrar general shall give public notice thereof in the gazette.
Preliminaries to Marriage.
5-(1) whenever, after the commencement of this ordinance any
persons desire to marry, one of the parties to the inteded marriage
shall give notice thereof to the registrar general in form no. 1 in the
first schedule to this ordinance.
(2) every such notice shall be signed by the party giving the notice.
6-(1) the registrar general shall file every such notice in his
office.
(2) he shall, as heretofore, exhibit one copy of such notice at the
supreme court house, and may, if he thinks fit, exhibit copies in other
conspicous places open to the public, and shall keep every such copy
so exhibited until he issues a certificate as hereinafter mentioned or until
the three months expire.
(3) he shall also enter a copy of the said notice, with the date of
such entry, in a book to be dalled the marriage notice book.

(4) he shall allow any person to inspect such book during office
hours without fee.
7 the registrar general shall supply forms of notice gratuitously to
persons aplying for the same.
8. at any time not more than three months or (except when the
governor grants a licence) less than fifteen days after the giving of such
notice, the registrar general shall, on the request of either of the parties,
issue a certification in the form no.2 in the first schedule to this ordinance.
9 the governor may, at any time after a party has given notice as
aforesaid, grant a licence, in the form no.3 in the first schedule to
this ordinance, authorizing the registrar general to issue his certificate
on or after any day named in such licence.
10 if the marriage does not take place within threee months after
the giveing of the above-mentioned notice, the notice given and all proceedings
thereupon shall be utterly void, and fresh notice will be required
before any marriage can be had between the parties.
11-(1) the governor may, when he sees fit, grant a special licence,
in the form no.4 in the first schedule to this ordinance, dispensing
with notice as aforesaid, or with the certificate of the registrar general,
or with both, and authoriziing the celebration of a marriage between the
parties named at a place and at a time specified in the licence.
(2) the governor may, when he sees fit, grant such licence without
payment of any fee, or on payment of such reduced fee as, under the
special circumstances of the case, he may think sufficient.
12 before the registrar general issues any certificate and before
the governor grants any licence, one of the parties to the intended
marriage shall appear personally before the registrar general and make
affidavit (which the registrar general is hereby authorized to take) that
he or she believes that there is not any impediement of kindred or alliance
or any other lawful hindrance to the marriage, and either that the
consent of the parties requied by law to consent to the marriage has been
obtained or that no such consent is required.
13 if either party to the intended marriage, not being a widower or
a widow, is under twenty-one years of age, the written consent of the
father, or, if he is dead or non compos mentis, of the mother, or, if both
are dead or non compotes mentis, of the lawful guardian of such party,
must be produced to the registrar general before he issues a certificate
or to the governor before he grants a licence.
14 if there is no parent or guardian of such party residing in the
colony and capable of consenting, the registrar general may give his
consent in writing to the marriage, if on inquiry the marriage appears
to him to be proper, and such consent shall be as effectual as if the
father or mother or guardian had consented.
15-(1) any person whose consent is requied as aforesaid may
forbid the issue of the registrar general's certificate by writing the
word 'forbidden' opposite the entry in the marriage notice book,
and by signing his name and the character in which he forbids the issue.
(2) if the issue of any certificate is so forbidden, the notice and
all proceedings thereupon shall be void.
16-(1) if either of the parties to the intended marriage alleges
that the person forbidding the issue of the certificate is not authorized
by law to do so, the registrar general shall inquire into the matter, and
if he is satisfied that the person is not so authorized, he may proceed to
issue the certificate in due course, without recokoning the time that has
elapsed since the issue was forbidden.
(2) for the purposes of such inquiry of of any inquiry under section
14, the registrar general may administer an oath to any person.
17-(1) if the registrar general considers that the person frbidding
the issue of the certificate is authorized to do so, either of the parties
to the intendeed marriage may appeal by petition to the supremem court,
and the court, or any judge thereof, may hear and dtermine the matter
of the petition in a summary way.
(2) such determination shall be final; and the registrar general
shall proceed in accordance therewith, without reckoning the timethat
has elapsed since the issue was forbidden.
18 every person who-
(1) wilfully makes any false statement in any affidavit as aforesaid;
or
(2) wilfully makes upon oath any false statement or gives any false
answer in any inquiry by the registrar general,
shall, on conviction before the supreme court, be liable to imprisonment,
with or without hard labour, for any term not exceeding two years.
Celebration of Marriage.
19-(1) Marriages may hereafter be celebrated in any licensed place
of worship by any competent minister of the church, denomination,
or body to which such place of worship belongs, and according to the
rites or usages of marriage observed in such church, deomination, or
body, provided that the marriage is celebrated with open doolrs, and
(except in case of a special licence) between the hours of six o'clock in
the morning and the six o'clock in the afternoon, and in the presence of two

or mre witness, besides the officiating minister.
(2) no minister shall celebrate any marriage until the parties deliver
to him the registrar general's certificate or the governor's specila
licence.
20-(1) the registrar general shall cause to be prepared and
delivered to the several licensed places of worship books of marriage
certificates in duplicate and with butts in the form nor.5 in the first
schedule to this ordinance.
(2) the certificate shall be signed in duplicate by the officiating
minister, by the parties, any by two or more witnesses to the marriage.
(3) the minister shall deliver one certificate to the aprties, immediately
after the marriage, and shall transmit the other to hte registrar
general within seven days thereafter, and the registrar general shall
file the same in his office.
(4) the officiating minister shall enter in the butt the names of the
parties and the date of the marriage.
21-(1) after the issue of a certificate by the registrar general,
the parties may, if they think fit, contract a marriage before the registrar
general: Provided that, before they are permitted to do so, each of
the parties shall sign a written declaration in the presence of the
registrar general, which he shall witness, in the form no.6 in the
first schedule to this ordinance.
(2) such declaration shall, if necessary, be interpreted to both or
either of the parties in their or his own language in the presence
of the registrar general, and the person interpreting such declaration
shall subscribe his name to it as interpreter.
(3) the marriage shall take place in the presence of two or more
witnesses, in the registrar general's office, with open doors, and(except
in case of a special licence) between the hours of ten o'clok in the
forenoon and four o'clock in the afternoon, and in the follwing manner:-
(a) the registrar general shall first address the parties to the following
effect:-
'know ye, A.B. and C.D., that, by the publice taking of each other
as man and wife in my presence and in the presence of the persons
now here, and by the subsequent attestation teeof by signing your
names to that effect, you become legally married to each other
although no other rite of a civil or religius nature shall take place;
and know ye further that this marriage cannot be dissolved during
your lifetime, except by a valid judgment of divorce, and that if
either of you, before the death of the other, shall contract another
marriage while this remains undissolved, you will thereby be guilty
of bigamy, and be liable to the punishment inflicted for that grievous
offence;' and
(b) each of the parties shall then say to the other:-
'I call upon all persons here present to witness that I, A.B., do take
thee, C.D., to be my lawful wife[or husband].'
(4) the registrar general and the parties and witnesses shall thereupon
sign duplicate certificates in the form and manner hereinbefore
prescribed.
(5) the registrar general shall deliver one certificate to the parties
and shall file the other in his office.
22 whenever the governor's special licence authorizes the celebration
of a marriage at a place other than a registered place of worship or
the office of the registrar general, the registrar general, on taking the
affidavit of one of the parties to the marriage, shall deliver to him or her
a blank certificate of marriage in duplicate, and the minister celebrating
the marriage, the parties, and two witnesses shall sign the same, in
manner hereinbefore prescribed, and the minister shall deliver one certificate
to the parties, immediately after the marriage, and shall transmit
the other to the registrar general within severn days thereafter, and
the registrar general shall file the same in his office.
Registration of Marriages.
23 the registrar general shall register all certificates of marriage
filed in his office in such order and manner as he thinks best suited for
easy reference therto.
24 any certificate of marriage filed in the office of the registrar
general, or a copy thereof, provided it purports to be signed and certified
as a true copy by the registrar general and to be sealed or stamped
with his offical seal, shall be admissible as evidence of the marriage to
which the same relates i nany court of justice or before any person
now or hereafter having by law or by consent of parties authority to
hear, receive, and examine evidence.
25 the registrar general may, when authorized by the colonial
secretary to do so, correct any clerical error in any certificate of marriage
on production to him of the certificate delivered to the parties, and shall
authenticate every such correction by his signautre, or by making the
same with his initials, and the date of making the correction.
Marriage Law.
26-(1) No marriage shall be valid which would be null and void
on the ground of kindred or affinity in england or wales.
(2) a marriage shall be null and void if both parties knowingly and
wilfully acquiesee in its celebration in any place other than the office of
the registrar general or a licensed place of worship(except when authorized
by special licence), or under a false name or names, or without
a certificate of notice or licence duly issued, or by a person not being a
competent minister or the registrar general or his deputy.
(3) but no marriage shall, after celebration, be deemed invalid by
reason that any privison of this ordinance, other than the foregoing,
has not been complied with.
27 all marriages celebrated under this ordinance shall be good and
valid in law to all intents and purposes.
Offences.
28 every person who, knowing that the written consent of the
proper person as herein prescibed has not been obtained, marries, or
assists or procures any other person to marry, a minor under the age of
twenty-one years, not being a widow or widower, shall be guilty of a
misdemeanor, and, being convicted thereof before the supreme court,
shall be liable, at the discretion of the court, to imprisonment, with or
without hard labour, for any term not exceeding two years.
29 any minister who-
(1) wilfully celebrates a marriage in the case of a minor, without
such written consent as herein prescribed; or
(2) wilfully celebrates a marriage contrary to any other provision of
this ordiance, or knowing that any provision of this ordinance
shall be guilty of a misdemeanor, and, being convicted thereof before
the supreme court, shall be liable, at the discretion of the court, to
imprisonment for any term not exceeding two years.
30 any minister who, after celebrating a marriage, fails to transmit
the certificate thereof to the registar general within seven days thereafter
shall be liable to a penalty not exceeding fifty dollars.
31 every person who wilfully removes, defaces, alters, or destroys
any copy of a notice of intended marriage shall be liable to a penalty
not exceeding twenty-five dollars.
32 every person who knowingly and wilfully celebrates or pretends
to celebrate a marriage, not being legally competent to do so, shall be
guilty of a misdemeanor, and, being convicted thereof before the supreme
court, shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding two years.
33 all penalties for offences against this ordinance may be recovered
in a summary way before any magistrae.
Miscellaneous Provisions.
34 the forms in the first schedule to this ordinance may be used
in the cases to which they are applicable, with such alternations as circumstances
may render necessary.
35 the fees specified in the second schedule to this ordinance shall
be paid to the registrar general for the several matters to which they
are applicable, and shall be paid by him into the colonial treasury.
36 the registrar general may, in any case where he is satisfied of
of poverty of the parties, reduce the amount of the said fees or even
remit them altogether.
37 this ordinance shall apply to all marriages where neither of the
parties has an undivorced husband or wife living, except marriages
between persons neither of whom professes the christian religion duly
celebrated according to the personal law and religion of the parties; and
the words 'husband' and 'wife', as used in this section, shall include
persons married according to their personal law and religion.

SCHEDULES.
THE FIRST SCHEDULE.
FORMS.
FORM NO.1
Notice of Marriage.
To the Registrar General of Hongkong.
I hereby give you notice that a marriage is intended to be had, within
three months from the date hereof, between me and the other party
herein named. witness my hand this day of , I .
(signed.)
party giving the notice

FORM NO.2
Registrar General's Certificate.
I, , registrar general of hongkong, do hereby certify
that on the day of , I , notice was duly entered in the
marriage notice book of the said colony of the marriage intended to be had
between the parties herein named and described.

date of notice entered , I .
date of certificate given , I .
witness my hand this day of , I .
(signed)
registrar general.

this certificate will be void unless the marriage is solemnized on or before
the day of , I .
this certificate is issued by virtue of the governor's licence date the
day of , I . FORM NO.3
Marriage Licence.
HONGKONG.
The Marriage Ordinance, 1875, section 9.
whereas on the day of , I , notice was given to
the registrar general of a marriage intended to be had between A.B. and
C.D. therein mentioned, and the said A.B. desires to obtain a licence for the
immediate issue of a certificate of such notice, and has made before the said
registrar general the affidavit required by the marriage ordinance, 1873,
section 12: now, therefore, in pursuance of the said ordinance, i do hereby
authorize the said registrar general to issue the said certificate, at any time
on or after the day of , I , and within three calendar
months of the said day of , I .*
given under my hand this day of , I .
(signed)
governor.
*the date of the notice.

FORM NO.4
Special Licence.
HONGKONG
The Marriage Ordiance, 1875, section 11.
Whereas A.B. and C.D desire to marry, and sufficient cause has been
shown to me why such marriage should be allowed without the formalities
prescibed by the marriage ordinance, 1875: now, therfor, in pursuance
of the said ordinance, i do dispense with the giving of notice and the issue
of the certificate thereby prescribed [ or as the case may be] and do hereby
authorize any competent person to celebrate marriage between the said A.B.
and C.D. at[place of celebration] on the day of ,
I , between the hours of o'clock in the forenoon and o'clock
in the afternoon.
given under my hand this day , I .
(signed)
governor

FORM NO.5.
Certificate of Marriage.
Hongkong Ordinance No.7 of 1875, sec.20.
Marriage solemnized in the at in hongkon. FORM NO.6.
Declaration.
I, A.B., of do hereby declare that i fully understand that
by publicly taking C.D. as my wife[or husband, as the case may be] in the
presecuce of the registrar general, I shall become legally married and bound
to the said C.D. although no other rite of acivil or religious nature shall take
place, and i also understand that the effect of my publicly taking the said
C.D. as my wife[or husband, as the case may be] as aforesaid is to create
between us a marriage which cannot be dissolved during our joint lives except
by a valid jedgment of divorce, and that if either of us, before the death of
the other, shall contract another marriage while this one remains undissolved,
he or she will be guilty of bigamy and will be liable to the punishment for that offence.
date the day of , I .
(signed) A.B.
witness, (Signed) W.X.
registrar general
interpreted to the said A.B. in the language, in the presence
of W.X., registrar general
(signed) Y.Z.,
interpreter.


THE SECOND SCHEDULE.
TABLE OF FEES.
1 notice of marriage................................nil
2 certificate of notice.............................one dollar
3 marriage licence..................................five dollars
4 special licence...................................twenty-five dollars
5 marriage at the office of the Registrar General...two dollars
A.D. 1875. Ordinance NO. 14 of 1875, with Ordinance No. 14 of 1896 incorporated. See also Ordinance No. 13 of 1893. Short title. Registrar of Marriages and Duputy Registrars. Licensing of place of worship. Notification of licence. Giving of notice of intended marriage. First Schedule: Form No.1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms of notice. Issue of certificate. First Schedule: Form No. 2. Grant of licence. First Schedule: Form No. 3. Avoidance of notice if marriage not celebrated within three months. Grant of special licence in case of emergency. First Schedule: Form No. 4. Making of affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Power to Registrar General to inquire into right to forbid. Right of appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule: Form No. 5. Marriage before Registrar General. First Schedule: Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certificated copy thereof. Correction of error in certificate of marriage. Invalid marriages. Validity of marriages under the Ordinance. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty on minister for failing to transmit certificate of marriage. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Recovery of penalties. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Application of the Ordinance. Section 31. Section 5. Section 8. Section 9. Section 11. Section 21.

A.D. 1875. Ordinance NO. 14 of 1875, with Ordinance No. 14 of 1896 incorporated. See also Ordinance No. 13 of 1893. Short title. Registrar of Marriages and Duputy Registrars. Licensing of place of worship. Notification of licence. Giving of notice of intended marriage. First Schedule: Form No.1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms of notice. Issue of certificate. First Schedule: Form No. 2. Grant of licence. First Schedule: Form No. 3. Avoidance of notice if marriage not celebrated within three months. Grant of special licence in case of emergency. First Schedule: Form No. 4. Making of affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Power to Registrar General to inquire into right to forbid. Right of appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule: Form No. 5. Marriage before Registrar General. First Schedule: Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certificated copy thereof. Correction of error in certificate of marriage. Invalid marriages. Validity of marriages under the Ordinance. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty on minister for failing to transmit certificate of marriage. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Recovery of penalties. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Application of the Ordinance. Section 31. Section 5. Section 8. Section 9. Section 11. Section 21.

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CROWN REMEDIES ORDINANCE, 1875

ORDINANCE NO. 6 OF 1875

Crown Remedies Ordiance, 1875.

AN ORDINANCE to consolidate and amend the laws relating to the recovery
of crown debts for rents and for assessments,
fees, and forfeitures.
[18th september, 1875]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the crown remedies ordiance,
1875.
2 whenever any person makes default in payment of any sum of
moeny due or payable by him to the crown in respect of rent, or of any
assessment for rates, or of any fees or forfeitures, or of any instalment
thereof, the colonial treasurer may recover the same by action in the
supreme court in its summary jurisdiciton; and may do so althoug
the amount claimed exceeds one thousand dollars.
3 the writ of summons in any such action shall be taken to have
been duly served if it appears, to the satisfaction of the court, that the
writ was left at the defendant's residence or place of business, or, in
case the same is unknow, then that it was left on the tenement or
premises in respect of which the claim is made.
4-(1) a certificate purporting to be under the hand of the colonial
treasurer, and setting forth that the sum claimed is due or payable to
the crown and that the person sued is liable to the payment thereof,
and specifying the nature and particulars of the claim, shall be prima
facie evidence of the facts certified therin and of the signature of the
colonial treasurer thereto.
(2) such certificate shall be sufficient if made in the form in the
schedule to this ordinance or to the like effect.
5 in an ction for the recovery of crown rent, the certificate shall
not be sufficient unless it purports to be signed by the land officer as
well as by the colonial treasurer.
6 in all matters under this ordinance, the colonial treasurer shall
sue as colonial treasurer, but may be represented in the court by any
person whom he may appoint in that behalf.
7 in any case under this ordinance, the court may award interest
at the rate of twelve per centum per annum on the sum recovered from
the day when the same became due or payable.
8 nothing in this ordinance shall affect any other rememdy of the
crown for the recovery of such sums as aforesaid.

9-(1) the colonial treasurer may, with the approval of the court,
appoint a speccial bailiff for the service of process in proceedings under
this ordinance.
(2) such special bailiff shall have, in respect of such proceedings, the
lkie powers, and shall be entitled to receive the same fees for the service
of process therin, as the bailiff of the supreme court.
SCHEDULE
FORM OF COLONIAL TREASURER'S CERTIFICATE.
Nature and Particulars of Claim for Crown Rent.

I, A.B., colonial treasurer of hongkon, herby certify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment of the sums appearing opposite to their
respective names in the second column, in respect of crown rent, and I, C.D.,
land officer, hereby certify that the particulars of the above claims for crown
rent against such persons are truly set forth opposite their respective names
in the third, fourth, and fifth columns.
dated the day of ,
(Signed.)
colonial treasurer.
(signed.)
land officer.

Nature and Particulars of Claim for Police, Lighting, Water, and
fire Birgade Rates.


I, A.B., colonial treasurer of hongkong, hereby cerify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment to the crown of the sums appearing opposite
to their respective names in the second column, and that the said persons
are severally liable to the payment thereof in respect of the claims, the
nature and particulars of which are truly set forth oposite their respective
names in the third, fourth, and fifth columns.
dated the day of ,
(signed.)
colonial treasurer

Nature and Particulars of Claim for Spirit Licence Fees.

I, A.B., colonial treasurer of hongkong, hereby cerify that the several
persons whose names are entered in the first column of the above schedule
have made default in the payment to the crown of the sums appearing opposite
to their respective names in the second column, and that the said persons
are severally liable to the payment thereof in respect of the claims, the
nature and particulars of which are truly set forth oposite their respective
names in the third, fourth, and fifth columns.
dated the day of ,
(signed.)
colonial treasurer A.D. 1875. Ordinance No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated. Short title. Power to Colonial Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Colonial Treasurer to be evidence. Schedule. Land Officer to sign certificate for recovery of Crown rent. Right of Colonial Treasurer to appear by any person. Interest on sum recovered. Saving of other remedies of the Crown. Appointment and powers of special bailiff. Section 4.

A.D. 1875. Ordinance No. 13 of 1875, with Ordinance No. 3 of 1888 incorporated. Short title. Power to Colonial Treasurer to sue for rent, etc., due to the Crown. Service of writ of summons. Certificate of Colonial Treasurer to be evidence. Schedule. Land Officer to sign certificate for recovery of Crown rent. Right of Colonial Treasurer to appear by any person. Interest on sum recovered. Saving of other remedies of the Crown. Appointment and powers of special bailiff. Section 4.

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EXTRADITION ORDINANCE, (HONGKONG), 1875

ORDINANCE NO. 5 OF 1875.

Extradition Ordinance, (Hongkong), 1875.

AN ORDINANCE to provide for the more convenient administration
of 'the extradition acts, 1870 and 1873.
[18th september, 1875]
WHEREAS by the act of the imperial parliament known as 'the
extradition act, 1870,' it is amongst other things enacted that
the said act, when applied by order-in-council, shall, unless it is otherwise
provided by such order, extend to every british possession, but
with the follwoing amony other modifications, namely, no warrant of




a secretary of state shall be required, and all powers vested in or acts
authorized or required to be done under the said act by the police
magistrate and the secretary of state, or either of them, in relation to
the surrender of a fugitive criminal, may be done by the governor of
the british possession alone, and any prison in the british possession
may be substituted for a prison in middlesex; and whereas by the said
act it is also enacted that if by any law or ordinance made before or
after the passing of the said act, by the legislature of any british possession,
provision is made for carrying into effect, within such possession,
the surrender of fugitive criminals who are in or suspected of being in
such british possession, her mjesty may, by the order-in-council applying
the said act in the case of any foreign state or by any subsequent
order, either suspend the operation within such british possession of the
said act, or any part thereof, so far as it relates to such foreign stae,
and so long as such law or ordinance continues in force there, and no
longer, or direct that such law or ordinance, or any part thereof, shall have
effect in such british possession, with or without modifications and alterations,
as if it were part of the said act; and whereas by another act of
the imperial parliament known as 'the extradition act, 1873' it is
enacted that the said act shall be construed as one with 'the extradition
act, 1870,' and that the said two acts may be cited together as
'the extradition acts, 1870 and 1873'; and whereas it is expedient
to provide a more convenient method of administering 'the extradition
acts, 1870 an 1873,' in this colony:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:0
1 this ordinace may be cited as the extradition ordinance, (hongkong),
1875.
2 all powers vested in or acts authorized or rquired to be done
under 'the extradition acts, 1870 and 1873,' by the secretary of state,
in relation to the surrender of a fugitive criminal, may, in respect of this
colony, be exercised and done by the governor.
3 all powers vested in or acts authorized or required to be done
under 'the extradition acts, 1870 and 1873,' by the police magistrate,
in relation to the surrender of a fugitive criminal, may, in respect of this
colony, be exercised and done by any police magistraate of the colony.
4 victoria gaol shall be a prison for the purposes of this ordinance
and of 'the extradition acts, 1870 and 1873.' A.D. 1875. Ordinance No. 11 of 1875 See Her Majesty's Order-in-Council of the 20th March, 1877. Short title. Powers of Secretary of State under Extradition Acts to be exercised by Governor. Powers of Police Magistrates under Extradition Acts to be exercised by Police Magistrates of the Colony. Victoria Gaol to be prison for extradition purposes.

A.D. 1875. Ordinance No. 11 of 1875 See Her Majesty's Order-in-Council of the 20th March, 1877. Short title. Powers of Secretary of State under Extradition Acts to be exercised by Governor. Powers of Police Magistrates under Extradition Acts to be exercised by Police Magistrates of the Colony. Victoria Gaol to be prison for extradition purposes.

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NAVAL STORES ORDINANCE, (HONGKONG), 1875

ORDINANCE NO. 4 OF 1875

Naval Stores Ordinance, (Hongkong), 1875.

AN ORDINANCE for the more effectual Protection of Her Majesty's
Naval Stores. [ 13th July, 1875]
BE it enacted by the Governor of hongkong, with the advice of the
Legislative Council thereof, as follows:-
1. This ordiance may be cited as the Naval Stores Ordinance,
(Hongkong), 1875.
2. In this ordinance-
'the admiralty' means the lord high admiral of the united
kingdom or the commissioners for executing the office of lord
high admiral, and includes the officer in command of her majesty's
naval forces in the colony:
'dealer in marine stores' means any person dealing in, buying,
and selling anchors, cables, sails, or old junk, old iron, or marine
stores of any description;
'dealer in old metals' means any person dealing in, buying, and


selling old metal, scrap metal, broken metal, or partly manufactured
metal goods, or defaced or old metal goods, and whether such
person deals in such articles only or together with second hand
goods or marine stores; and 'old metal' means the said articles:
'in her majesty's service,' wehn applied to persons, applies also
to persons in the employment of the admiralty;
'stores' include all goods and chattels and any single store or
article.
3 no person shall, aftr the commencement of this ordinance, use or
exercise the trade or business of a dealer in marine stores, or a dealer in
old metals, unless he is the holder of a licence for that purpose.
4 every such licence shall be greanted by and held at the discretion
of the governor, on such conditions as to fees and subject to such regulations
as my from time to time be prescibed by the governor-in-council.
5 every dealer in marine stores to whom a licence is granted shall
keep a book or books fairly written, and shall enter therein an account
of all such marine stores or old metal as he may from time to time
become possessed of, stating in respect of each article the time at which
and the person from whom he purchased or received the same, adding,
in the case of every such last-mentioned person, a description of his
business and place of abode.
6 every person to whom such licence is granted shall, whenever
thereunto required by any superintendent or inspector of police or by
any other member of the police force, bearing a written order in that
behalf under the hand of a superintendent, produce for the inspection of
the party so requiring him all or any marine stores or old metal in his
possession or subject to his control and all books and papers relating to
the same.
7 every person who acts in contravention of the provisions contained
in any of the secion 3, 5, and 6, or of any regulation made under section
4, shall, on summary conviction before a magistrate, be liable to a
penalty not exceeding two hundred dollars or to imprisonment, with or
without hard labour, for any term not exceeding three months.
8-(1) the marks described in the schedule to this ordinance may
be applied in or on stores therein described to denote her majesty's
property in stores so marked.
(2) it shall be lawful for the admiraly, their contractors, officers,
and workmen, t apply the said marks, or any of them, in or on any
such stores as are described in the said schedule.
(3) every person who, without lawful authority, (the proof whereof

shall lie on him), applies any of the said marks in or on any such
stores shall be guilty of a misdemeanor, and shall be liable to imprisonment,
with or without hard labour, for any term not exceeding two
years.
9 every person who, with intent to conceal her majesty's property
in any stores, takes out, destroys, or obliterates, whooly or in part, any
such mark as aforesaid shall be guilty of felony, and shall be liable, in
the discretion of the curt, to imprisonment with hard labour for any
term not exceeding four years or to imprisonment for any term not
exceeding two years, with or without hard labour and with or without
solitary confinement.
10-(1) if stores are found in the possession or keeping of any person
being in her majesty's service or in the service of the admiralty, or
being a dealer in marine stores or in old metals ora pawnbroker
(within the meaning of any enactments for the time being in force
relating to such dealers or to pawnbrokers), and he is taken or summoned
befor a magistrate, and the magistrate sees reasonable grounds for
beleving the stores found to be or to have been her majesty's propery,
then, if such person does not satisfy the magistrate that he came lawfully
by the stores found, he shall, on summary conviction before a magistrate,
be liable to a penalty not exceeding twenty-five dollars.
(2) for the purposes of this section, stores shall be deemed to be in
the possession or keeping of any person if he knowingly has them in
the actual possession or keeping of any person or in any house,
buikding, oldging, apartment, field, or place, open of enclosed, whether
occupied by himself or not and whether the same are so had for his own
use or benefit or for the use or benefit of another person.
11-(1) it shall not be lawful for any person, without permission in
writing from the admiralty or from some person authorized by the
admiralty in that behalf, (proof of which permission shall lie on him),
to gather or search for stores, or to creep, seeep, or dredge, in the
habour of victoria within one hundred yards from any vessel belonging
to her majesty or in her majesty's service, or from any mooring
place or anchoring place appropriated to such vessels, or from any
moorings belonging to her majesty, or from any of her majesty's
wharves or dock, victualling, or steam factory yards.
(2) every person who acts in contravention of this section shall, on
summary conviction before a magistrate, be liable to a ernalty not
exceeding twenty-five dollars or to imprisonment, with or without hard
labour, for any term not exceeding three months.
12 the following sections of the larceny ordinance, 1865, shall be
incorporated with htis ordinance, and shall, for the purposes of this
ordinance, be read as if they were here re-enacted, namely, sections 86
to 88, 91, and 94 to 102, all inclusive; and for this purpose the expression
'this ordinance,' when used in the said incorporated sections, shall
be taken to include the present ordinance.
13. nothing in this ordiance shall prevent any person from being
indicted under this ordinance or otherwise for any indictable offence
made punishable on summary conviction by this ordinance, or prevent
any person from being liable under any other ordinance or otherwise
to any other or higher penalty or punishment thant is provided for any
offence by this ordinance, so that no person is punished twice for the
same offence.

SCHEDULE.
MARKS APPROPRIATED FOR HER MAJESTY'S USE IN OR ON NAVAL
AND VICTUALLING STORES
A.D. 1875. Ordinance No.9 of 1875.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.

A.D. 1875. Ordinance No.9 of 1875.
Short title.
Interpretation of terms. Prohibition of person dealing in marine stores, etc., without licence. Granting and conditions of licence. Keeping of books by licence-holder. Power to inspect goods, book, etc., of licence-holder. Punishment for contravention of the Ordinance, etc. Appropriation of marks for Her Majesty's stores. Schedule. Punishment for obliteration of mark, with intent to conceal Her Majesty's property. Penalty on dealer, etc., found in possession of stores, and not accounting for them. See Ordinance No. 1 of 1860. Prohibition of unauthorized person gathering stores, etc., within 100 yards of any of Her Majesty's vessel, etc. Incorporation of certain sections of the Larceny Ordinance, 1865. No. 5 of 1865. Saving of liability of offender to be indicted.
Section 8.

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ST. PAUL'S COLLEGE ORDINANCE, 1875

ORDINANCE NO. 3 OF 1875.

St. Paul's College Ordinance, 1875.

AN ORDINANCE to provide for the Devolution of the Site of St.
Paul's College, and to provide Means for altering the Statutes
of the said College. [7th July, 1875]



WHEREAS, by letters patent dated the 11th day of may, 1849,
her majesty did declare the city of victoria, and all the territory
comprised within the island of hongkong and its dependencies,
to be the diocese of the bishop named in the said letters patent and
of his successors, and to be called in all time the diocese of victoria;
and did constitute the church of st. john in the said city to be a
cathedral church and bishop's see; and did appoint the reverend
George Smith, Doctor of Divinity, to be ordained and conscrated
bishop of the said see and diocese under the title of the lord bishop
of victoria; and whereas the statues of st. paul's college in victoria
were approved by his grace the then archbishop of canterbury
on the 15th day of october, 1849, and the said stautes provided,
amongst other things, that all proerty of every kind theraftger to be
given, transferred, or bequeathed to the purposes of the college should
be vested in the bishop of victoria for the time being as constituted by
her majesty's letters patent a body corporate; that the government
and entire control of the college should be vested in the bishop of
victoria as ex officio warden, except so far as any jurisdiction or authority
might be by him delegated to a sub-warden or others; and that it should
be lawful for the bishop of victoria, in conjunction with the archbishop
of canterbury for the time being, to introduce such a modification, alteration,
or extension, of the said statues as to them jointly might seem fit;
and whereas a crown lease dated the 5th day of september, 1851, was made
between her majesty of the one part, and the right reverend george
lord bishop of victoria, in the island of hongkong, ex officio warden,
on behalf of the church of england missionary institution known as st.
paul's college, of the other part, and thereby the land therein described
(being inland lot no.76), with its appurtenances, was demised to the
said lord bishop of victoria and his successors, being such warden, to
hold unto the said lord bishop of victoria and his successors being such
warden for the full term of nine hundred and ninety-nine years, commencing
on the 19th day of april, 1850, at the yearly rent of one dollar;
and in the said lease the said lord bishop of victoria as warden of st.
paul's college, and for the wardens to be from time to time appointed,
covenanted with her majesty to pay the said rent and all txes, charges,
and impositions that should thereafter be assessed or charged upon the
said land and further that neither the said lessee or warden, nor any
person, should, during the said demise, use the said lands for any other
purpose than the promotion of the charitable designs and objects of the
said st. paul's college, as they might be, from time to time, legally
established, without the previous licence of her majesty, her heirs,
successors, or assigns, signified by the governor of the colony, or other
person duly authorized in that behalf; and whereas by letters patent


dated the 14th day of january, 1867, her majesty did appoint the reverend
charles richard alford, clerk, master of arts, to be ordained
and conscrated lord bishop of the said see of victoria, in sucession
to the siad bishop smith, who had resigned; and whereas by letters
patent dated the 1st day of november, 1872, after reciting the above-
mentioned letters patent, and that the said see and bishoprie had
become vacant by the resignation of the said bishop alford, her majesty
was pleased to revoke and determine the said recited letters patent of
the 11th day of may, 1849, and of the 14th day of january, 1867, and
every clause, article, and thing therin contained; and whereas by the
revocation of the said letters patent the said see and bishopric of
victoria ceased to exist as theretofore constituted; and whereas it is
therefore expedient to provide for the devolution of the property comprised
in the aforesaid crown lease, and to provide means for altering
the statues of st. paul' college to meet the state of circumstances that
now exists; and whereas the right reverend johon shaw burdon, doctor
of divinity, has been duly consecrated to be a bishop of the church of
england, and as such bishop isresiding and officiating in this colony,
and, as such bishop and by the desire of his grace the archbishop of
canterbury, ahs undertaken the management of st. pual's college and is
now discharging the duties of warden of the said college:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may be cited as the st. paul's college ordinance,
1875.
2 from and aftger the commencement of this ordinance, the above-
recited crwon lease dated the 5th day of september, 1851, and all the
portion of land therein described, with its appurtenances, and st. paul's
college and all other buildings erected on the said land, shall vest in his
grace the archbishop of canterbury and his successors for all the
unexpired residue of the term of nine hundred and ninety-nine years
created by the said lease, upon and for the trusts, intents, and purposes
in the said lease expressed and declared and subject to the convenants and
conditions therin contained, and the said archbishop and his successors
shall be deemed to be the lessees of the said land as fully and effectually
and to the same extent as if they had been originally named as lessees
in the said lease.
3 the right reverend johon shaw burdon, the bishop aforesaid, is
hereby named warden of the said st. paul's college, and by virtue of
such nomination may lawfully exercise and perform all the powers and
duties conferred and imposed upon the warden by the above-recited statutes of the said College, and all property belonging to the said college
(other than the land comprised in the aforesaid lease) shall , one the commencement
of this ordinance, vest in the said bishop as such Warden.
4. the archbishop of canterbury, in conjunction with the aforesaid
warden and the colonial secretary of the colony, or with either of them in
the absence or inability of the other, may alter the existing statues
of the said college in such manner as they may jointly think fit; but so,
nevertheless, that provision be made for the appointment and removal of
future wardens, for the vesting of all property (other than the land
comprised in the aforesaid lease) belonging to or that may come to the
said college, and for altering the statutes of the said college as occasion
may from time to time require.
5. The bishop aforesaid may resign the Wardenship by letter to the
archbishop of canterbury, and may be removed in the same manner as
wardens to be appointed under the stautes when altered.
6. In the event of a vacancy in the wardenship occurring before the
statutes are altered, all property belonging to the said college (other than
the land comprised in the aforesaid lease) shall thereupon vest in
said colonical secretary, to be by him transferred to such person as the
statutes, when altered, may direct.
A.D. 1875. Ordinance No. 1 of 1875. Short title. Vesting of lease and site of St.Paul's College in Archbishop of Canterbury and his successors. Bishop Burdon to be Warden of St.Paul's College. Alteration of existing statutes of College. Resignation or removal of Warden. Vesting of property on occurrence of vacancy before alteration of statutes.

A.D. 1875. Ordinance No. 1 of 1875. Short title. Vesting of lease and site of St.Paul's College in Archbishop of Canterbury and his successors. Bishop Burdon to be Warden of St.Paul's College. Alteration of existing statutes of College. Resignation or removal of Warden. Vesting of property on occurrence of vacancy before alteration of statutes.

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PUBLIC HOLIDAYS ORDINANCE, 1875

ORDINANCE NO.2 OF 1875

Public Holidays Ordinance, 1875.

AN ORDINANCE to provide for Public and Bank Holidays.
[7th July, 1875]
WHEREAS it is expedient that certain days in the year should be
declared public holidays and bank holidays respectively;
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1. This ordinacne may be cited as the Public Holidays Ordinance,
1875.
2. The several days mentioned in the first schedule to this ordinance
(herinafter referred to as public holidays) shall, in addition to sundays,
be dies non, and shall be kept (except as hereinafter provided as holidays
in this colony.
3. The governor-in-council may from time to time make regulations
exluding in whole or in part from the operation of this ordinance any
public office or any departemtn thereof, and thereupon all acts and
things relating to such public office or department thereof may be done
and performed on any public holiday, notwithstanding the provisons of
this Ordiance.
4. The several days mentioned in the second schedule to this ordinance
shall be bank holidays, and shall be kept as holidays in all banks
in the colony.
5. All bills of exchange, promissory notes, and other negotiable instruments
due and payable on any such bank holiday shall be payable on
the next following day and not on such bank holiday.
6. In case of non-acceptance or non-payment of any negotiable instrument, the
same may be noted or protested on the next following day
after a bank holiday, and any such nothing or protest shall be as valid as
if made on the previous day.
7. No person shall be compellable to make any payment or to do any
other act relating to a bill of exchange or other negotiable instrument
on a public holiday or on a bank holiday, and the obligation to make such
payment or to do such other act such apply to the day next following
such public holiday or bank holiday, and the making of such payment
or the doing of such other act on such following day shall be


equivalent to payment of the money or performance of the act one the
public holiday or bank holiday.
8. It shall be lawful for the governor, by notification in the gazette,
at any time to appoint a special day to be observed as a public holiday
or as a bank holiday, in addition to or in subsitution for any of the
days mentioned in the schedules to this ordinance, and thereupon the
provisions of this ordinance shall be applicable to such day in the same
manner as if the said day had been mentioned in the first or second
schedule to this ordinance.
9. For the purposes of this Ordinance, the day next following a
public holiday means the next following day not being itself a public
holiday, and the day next following a bank holiday means the next
following day not being itself a public or a bank holiday.
SCHEDULES
THE FIRST SCHEDULE
TABLE OF PUBLIC HOLIDAYS
1 the 1st day of Juanuary
2 good friday
3 the birthday of her majesty, or the day on which her majesty's birthday is ordered to be kept
4 Christmas day
5 the 26th day of December
N.B.-If any of these days falls on a sunday, the next following monday
shall be a publcie holiday.
THE SECOND SCHEDULE.
TABLE OF BANK HOLIDAYS
1 chinese new year's day
2 the first monday in August
3 easter monday
4 whitmonday

A.D. 1875. Ordinance No. 6 of 1875.
Short title.
Certain days to be public holidays. First Schedule.
Power to make regulations restricting public holidays.
Certain days to be bank holidays. Second Schedule.
Payment of negotiable instrument falling due on bank holiday. Making of protest falling to be made on bank holiday.
Act relating to negotiable instrument not compellable to be done on holiday. Power to Governor to appoint special day as public or bank holiday. Explanation as to day next following holiday.
Section 2.
Section 4.

A.D. 1875. Ordinance No. 6 of 1875.
Short title.
Certain days to be public holidays. First Schedule.
Power to make regulations restricting public holidays.
Certain days to be bank holidays. Second Schedule.
Payment of negotiable instrument falling due on bank holiday. Making of protest falling to be made on bank holiday.
Act relating to negotiable instrument not compellable to be done on holiday. Power to Governor to appoint special day as public or bank holiday. Explanation as to day next following holiday.
Section 2.
Section 4.

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NAVAL ESTABLISHMENTS POLICE ORDINANCE, 1875

ORDINANCE NO.1 OF 1875.

Naval Establishements Police Ordinance, 1875.

AN ORDINANCE to provide Means for enforcing good Order and
Discipline in the Police Force employed in the Royal Naval
Establishements in this Colony. [18th March, 1875]
WHEREAS it is expedient to provide menas for enforcing good
order and discipline in the police force employed in the royal
Naval Establishments in this Colony:
BE it therefore enacted by the governor of hongkong, with the advice of the
Legislative council thereof as follows:-
1. This Ordinance may be cited as the Naval Establishements Police
Ordinance, 1875.

2 the commodore or other officer in charge of the royal naval
establishments on shore in this colony may from time to time make
and issue rules and regulations for the government of the police force
emplyed in the royal naval yard in this colony.
3 in case of breach of discipline or neglect of duty by any member
of the said police force, the commodore or other officer as aforesaid
may, on proof thereof to his satisfaction,-
(1) order the offender to forfeit and pay a sum not exceeding
twenty-five dolllars; or
(2) award against the offender imprisonment in Victoria Gaol for
any term not exceeding seven days, with forfeiture of pay; or,
(3) if he thinks fit, bring the offender before a Magistrate, and the
Magistrate, on proof of the offende, may award against the offender
imprisonment, with or wihtout hard labour, for any term not exceeding
fourteen days, togeter with forfeiture of all pay during
such imprisonment.
4 whenever any member of the said police force-
(1) is guilty of any neglect or violatin of duty in his office; or
(2) is guilty of any disobedience to the reules or regulaitons mae
and issued by the commodore or other officer as aforesaid; or
(3) is guilty of any other misconduct as a member of the said police
force; or,
(4) having duly engaged himself to serve in the said police force,
deserts therefrom; or,
(5) being permitted to resign, does not upon ceasing to belong to the
said force, deliver up all arms, accoutrements, and appointments
whatsoever entrusted to him for the performance of his duty,
he shall,on conviction thereof in a summary way before a magistrate,
be liable to forfeit and pay a sum not exceeding two hundred dollars or
to imprisonment, with or without hard labour, for any term not exceeding
six months, together with forfeiture of all pay during such imprisonment.
5 the commodore or other officer as a foresaid shall cause all rules
and regulations made under this ordinace to be forthwith sent to the
governor, to be laid before the legislative council at its next sitting.
6 the preceding provsions of this ordinance shall extend to the
polcie force emplyed on the messages, lands, tenements, hereditaments,
erections, buildings, and property, or any or either of such messuages,
lands, tenements, hereditaments, erections, buildings, and property,
for the time being vested in the lord high admiral of the united
kingdom of great britain and ireland or the cmmissioners ofr executing
the office of lord high admiral aforesaid under the provisions of

the admiralty (vesting of property) ordinance, 1863.

A.D. 1875. Ordinance No. 1 of 1875, with Ordinance No. 3 of 1879 incorporated. Short title. Making of rules and regulations relating to Naval Yard Police. Power to Commodore, etc., to punish for breach of discipline, etc. Punishment for other offences. Rules and regulations to be laid before Legislative Council. Extension of preceding provisions to Police at other Naval Establishments. No. 1 of 1863.

A.D. 1875. Ordinance No. 1 of 1875, with Ordinance No. 3 of 1879 incorporated. Short title. Making of rules and regulations relating to Naval Yard Police. Power to Commodore, etc., to punish for breach of discipline, etc. Punishment for other offences. Rules and regulations to be laid before Legislative Council. Extension of preceding provisions to Police at other Naval Establishments. No. 1 of 1863.

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FOREIGN RECRUITING ORDINANCE, 1874

ORDIANCE NO.1 OF 1874

Foreign Recruiting Ordinance, 1874.

AN ORDIANCE to control Recruiting in the colony for the Service of
Foreign States. [16th November, 1874]
WHEREAS it is expedient that the Governor-in-Council should
exercise full control over recruiting in this colony for the
service of foreign states;
BE it therefore enacted by the governor of hongkong, with the advice
of the Legislative Council thereof, as follows:-
1. This ordinance may be cited as the foreign recruiting ordinance,
1874.
2. In this Ordinance the term 'Foreign State' includes any person
or persons exercising or assuming to exercise the powers of government
in or over any country, colony, province, or people beyond the limits of
this Colony. 3. If any person is, within the limits of this colony, obtaining or
attmepting to obtain recruits for the service of any foreign state in any
capacity, the governor-in-council may, by order in writing signed by
the colonial secretary, either prohibit such person from so doing or
permit him to do so subject to any conditions which the governor-in-
council thinks fit to impose.
4. The governor-in-council may from time to time, by general order
notified in the gazette, either prohibit recruiting for the service of any
foreign state or impose upon such recruiting any conditions which he
thinks fit.
5. the governor-in-council may rescind or vary any order made
under this ordiance in such manner as he thinks fit.
6. Every person who, in violaiton of the prohibition of the governor-
in-council or of any condition subject to whcih permission to recruit
may have been accorded,-
(1) induces or attempts to induce any person to accept to agree to
accept, or to proceed to any place with a view to obtaining, any
commission or employment in the service of any foreign state; or
(2) knowingly aids in the engagement of any person so induced, by
forwarding or conveying him or by advancing money or in ay
other way whatever,
shall be liable to imprisonment for any period not exceeding severn years,
or to fine to such amount as the court thinks fit, or to both.
7. Any offender against this ordinance shall be tried before the
supreme court.
A.D. 1874. Ordinance No. 7 of 1874.
Short title.
Interpretation of term. Power to prohibit or permit recruiting by individual persons. Power to prohibit or permit recruiting generally. Power to rescribed or vary order. Punishment of offences. Tribunal for trial of offenders.