1.
the same
THE HONGKONG GOVERNMENT GAZETTE, 30TH MAY, 1863.
the case may require, to any person or persons who shall be willing to purchase or take respectively, and also to do any other act, matter, or thing in relation to any ch messuages, lands, tenements, and hereditaments which they or he shall deem bene- al for the Public Service in relation thereto or for the better management thereof which might be done by any person or persons having a like interest in any such mes-
ages, lands, tenements, or hereditaments.
145
distrain in respect of
to costs of suit.
VI. It shall be lawful for the said Commissioners for executing the Office of Lord Power to sue and High Admiral aforesaid for the time being, or the Lord High Admiral aforesaid for the such Lands given to ine being, and they are hereby authorized and empowered to bring, prosecute, and Commissioners, and as
intain any action, suit, or other proceeding at law or in equity, for recovering posses- on of any messuages, lands, tenements, or hereditaments, by this Ordinance vested in them or him as aforesaid, and to distrain or sue for any arrears of rent which shall have r shall become due for or in respect thereof, under any demise from the said Commis- ioners or Lord High Admiral, or any person or persons on their or his behalf, or on behalf of Her Majesty, and also to bring, prosecute, or maintain or to defend
any other action or suit in respect of, or in relation to, the said messuages, lands, tenements, or hereditaments, or any trespass or encroachment committed thereon, or damage or injury done thereto; and that in every such action or suit the said Commissioners shall be called "The Commissioners for executing the Office of Lord High Admiral of Great Britain and Ireland," without naming them; and no such action or suit shall abate, by the death, resignation, or removal of such Commissioners, or any of them, or of such Lord High Admiral, any law, custom, or usage to the contrary notwithstanding: And the said Commissioners, or Lord High Admiral shall be entitled to recover costs for and on behalf of Her Majesty, where judgment shall be given for the Crown, and shall be liable to pay costs where judgment shall be given against the Crown, in any such action, suit, or other proceeding in like manner, and subject to the same rules and provisions as though such action, suit, or other proceeding had been had between subject and subject:
VII. Provided always, that nothing in this Ordinance contained shall empower or be No property reserved construed, deemed or taken to empower the Lord High Admiral or the Commissioners by the Governor for Naval purposes to be aforesaid for the time being to sell or dispose of (otherwise than by way of surrender alienable except by to Her Majesty, Her Heirs, or Successors) any property reserved or granted by His way of surrender. Excellency the Governor for naval or public purposes and held or accepted by the Lord High Admiral or the Commissioners aforesaid for the time being under any Grant,
Lease, License or Appropriation made by the Governor on that behalf.
Passed the Legislative Council of Hongkong, this 26th Day of May, 1863.
L. D'ALMADA E CASTRO,
Clerk of Councils.
HONGKONG.
ANNO VICESIMO SEXTO VICTORIÆ REGINE.
No. 4 of 1863.
By His Excellency WILLIAM THOMAS MERCER, Esquire, Acting Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.
W. T. MERCER.
An Ordinance to repeal Ordinance No. 1 of 1853 and to provide Gaols and Debtors'
Wards, and for the due control of Prisoners therein.
[26th May, 1863.]
Whereas the present Gaol is insufficient for the Prisoners now incarcerated therein and it is advisable to repeal the Ordinance No. 1 of 1853 and to provide further Prison accommodation and for duc management and control of Prisoners: Be it therefore nacted by His Excellency the Acting Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
Title.
Preamble.
I. The Ordinance No. 1 of 1853 intituled "An Ordinance for the Regulation of the Ordinance No. 1 of Gaol of Hongkong" is hereby repealed.
1853 repealed.