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THE HONGKONG GOVERNMENT GAZETTE, 25тп SEPTEMBER, 1869.

I. Sections VII and VIII of the said Ordinance are hereby Repealing repealed.

Clause.

II. Section VI of the said Ordinance is hereby amended by Amendment of inserting therein after the Word "Custody" in the Third Line Section 6. thereof, the Words following, that is to say, "without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused.)"

Passed the Legislative Council of Hongkong, this 24th Day of September, 1869.

L. D'ALMADA E CASTRO,

Clerk of Councils.

455

HONGKONG

ANNO TRICESIMO TERTIO VICTORIA REGINE.

SIR RICHARD GRAVES MACDONNELL, Knight, C.B., Governor and Commander-in-Chief.

No. 7 OF 1869.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to empower the Governor in Council to deal with Moral Claims to Funds confiscated for Colonial Purposes.

[24th September, 1869.]

Title.

WHEREAS Provision is made by Ordinance No. 1 al 1857, Preamble.

for the Recovery of Funds confiscated for Colonial Pur- poses under Ordinance No. 6 of 1854, by Persons duly proving their Legal or Equitable Claims thereto, upon Summary Petition to the Supreme Court; And whereas it is expedient that the Governor in Council should be empowered to deal with Moral Claims upon such Funds as distinguished from Legal or Equitable Claims: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. The Governor in Council may entertain any Moral Claim as The Governor distinguished from any Legal or Equitable Claim which may be in Council submitted to him by Petition in Writing by any Person praying may deal with. for Payment of any Sum of Money which may have been Moral Claims

to confiscated

confiscated for Colonial Purposes under Ordinance No. 6 of 1854, Funds. and upon such Petition, it shall be lawful for the Governor in Council, if he shall think fit, to order that such Sum or any Por- tion thereof, be paid by the Colonial Treasurer to such Petitioner; and all Monies in the Treasury forming Part of or arising from the General Revenue of the Colony, shall be applicable to any Pay- ment ordered to be made in manner aforesaid,

any

II. Any Order made by the Governor in Council under this Payment Ordinance for the Payment of the Whole or of a Portion of under this Sum of Money which may have been confiscated in Manner afore- Ordinance to said, shall be a Bar to the Extent of any Payment made under be a Bar pro such Order, to any Claim subsequently preferred to the same Sum sequent Claims under Ordinance No. 1 of 1857.

Passed the Legislative Council of Hongkong, this 24th Day of September, 1869.

L. D'ALMADA E CASTRO,

Clerk of Councils.

tanto to sub-

under No. 1 of 1857.

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