422
THE HONGKONG GOVERNMENT GAZETTE, 18TH SEPTEMBER, 1869.
House
liable for Deficiency of Distress.
Magistrate, Justices, or Justice shall order and compel all Persons who shall have been found guilty of any such Nuisance, after such Adjudication as aforesaid, to satisfy all Charges and Ex- penses of or incident to the Abatement, Demolition, or Removal thereof, and for which no other or no sufficient Satisfaction is hereby provided, and shall thereupon, by Warrant under his or their "Hand and Seal, or Hands and Seals, cause the same to be levied by Distress and Sale of the Goods and Chattels of the said Persons respectively in Case of Default in Payment.
XLVI. In the Event of the insufficiency of any Distress to be Property to be made under this Ordinance, the House of the Defaulter shall be subject and liable to defray the Deficiency; and a Stipendiary Magistrate or Justice of the Peace upon the Application of the Surveyor General shall by Warrant authorize and direct a proper Officer to seize and take Possession of the said House, and to hold the same until such Deficiency shall be defrayed, and all the accruing Rents and Profits of the said House shall be applied by the said Magistrate or Justice in Payment of the said Deficiency. XLVII. The Surveyor General, is authorized to seize all Build- ing Materials deposited or lying upon any public Road, or in the and Building Side Channels thereof, unless behind an authorized Boarding; and all Utensils or Materials so seized may be lawfully confiscated by the Surveyor General, and disposed of as he shall direct, the proceeds to be paid into the Colonial Treasury.
Tanks, Reservoirs,
Materials,
Surveyor
XLVIII. All Powers hereby vested in the Surveyor General General to act shall be exercised by him in Conformity with such Instructions as
he may, from Time to Time, receive from the Governor.
under
Instructions
from Governor.
Saving of
existing Remedies.
Service of Notice.
+
· XLIX. All existing Remedies for the Prevention or Abate- ment of Nuisances and the Punishment of those guilty thereof shall continue to be in Force notwithstanding this Ordinance.
L. A Notice, Summons, or Order may be served on the Owner or Occupier of any Premises, by leaving the same with the Occupier of such Premises, or with some Inmate of his Abode, or if there is no Occupier by putting up such Notice, Summons, or Order on a conspicuous Part of the Building or Premises to which the same relates; and it shall not be necessary to name the Owner or Occupier of such Premises; nevertheless, when the Owner of any such Premises and his Residence, or that of his Agent, are known to the Party by whom or on whose behalf any Notice, Summons, or Order is intended to be served, it shall be the Duty of such Party to send every such Notice, Summons, or Order to the Residence or last known Residence of such Owner or of his Agent.
Title.
Preamble.
Repealing Clause.
sions.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make further Provision in Relation to Criminal Law and Procedure.
WIPREAD to Cal Law and Procedure: Be it enacted
HIEREAS it is expedient to make further Provision in
by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Sections III, IV and V of Ordinance No. 3 of 1865 are hereby repealed. Criminal Ses-. II. The ordinary Sessions for the Despatch of the Criminal Business of the Supreme Court shall commence on the First Day of every Month (except during Vacation) or if the First Day be a "dies non" then on the lawful Day next following. Provided always that the Court may, upon due Notice thereof being given, from Time to Time change the Day so appointed, and may hold an additional Session whenever it may be necessary or expedient so
Information as
to do.
III. For the Purpose of bringing any Criminal Case under the valid as Pre- Cognizance of the Supreme Court, an Information signed by the sentment by Attorney General or in certain Cases by the Colonial Secretary as hereinafter provided, shall be as valid and effectual in all Respects as an Indictment presented by a Grand Jury,
Grand Jury.
Colonial Se- cretary may
IV. In Case the Attorney General shall at any Time be unable to sign such Information by Reason of Illness or any other sufficient sign in certain Cause, it shall be lawful for the Governor to direct that the same
be signed by the Colonial Secretary.
Cases.
Form of Information.
V. Every Information shall bear Date on the Day when the same was signed, and with such Additions and Modifications as shall be necessary to adapt it to the Circumstances of each Case, may be in the following Form:
IN THE SUPREME COURT OF HONGKONG. The Day of At the General Criminal Session of the Supreme Court holden
jat Victoria for the Month of
18 [Or in Case of
18
1.