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MAY 15, 1858.]
The Hongkong Government Gazellę.
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In case of Security,
XXX. Where, upon the conviction of any Offender under this Ordinance, it shall appear that, before :', commission of the Offence, he had given security and that by such Offence the same is become the amount of Penalty ited, the amount of such security shall be deemed to be the Penalty actually incurred by him, and to be that of the Secu- it shall not be lawful for the Court to impose any Penalty for his said Offence, save and except the amount
His said security.
XXXI. Every adjudication under this Ordinance shall be final, unless where a Case shall be ted, delivered, and prosecuted with effect according to Law, or unless a Certiorari for removing the cedings, either before or after judgment, shall be obtained, by the Crown or by the Defendant, as the may be, within Ten Days from the first commencement of the said proceedings, and unless the pro- dings upon the said Certiorari shall be prosecuted, with effect, in the Supreme Court, within Six Weeks the obtaining thereof. And the Costs of such Case, or (as the fact may be) Certiorari and Proceedings, be paid to or by the Crown according to the event thereof.
rity.
Case or Certiorari..
XXXII. For the purposes of this Ordinance, the following Terms and Words shall be severally Construction of words. ken, not only in their received sense, but also to extend to and include the meanings hereinafter specified, that is to say?-
"Occupier," "Person occupying," and "Master of a House or Tenement," shall include every Person acting as Master thereof, Occupant of the ground floor thereof at a rent, and (in the event of a vacant House or Tenement, or of no other Occupier thereof being to be found) Owner thereof, or his Agent. And "House," "Tenement," or "Building” shall include any 'Shop, Outhouse, Shed, or Roof.
And
European" shall include all Persons other than Asiatics, and also all such Asiatics (not being Chinese) as owe or shall owe permanent allegiance unto Her Majesty: And "Chinese shall include Natives of Hongkong and other places out of the Empire of China,
being of Chinese blood or following Chinese usages:
Occupier.'
'IIouse or Building,'
'European.'
And 'Chinese:
Save only and except where by the express letter of this Ordinance a more limited meaning hath Excoption.
been attributed to any or either of the said Terms and Words. XXXIII. All Acts done before the passing of this Ordinance, which, if done after the passing thereof, Retrospective. would have been legal and valid, shall be deemed legal and valid for all purposes soever.
Passed the Legislative Council of Hongkong,
this 10th Day of May, 1858.
L. D'ALMADA e Castro,
Clerk of Councils.
SCHEDULE TO WHICH THIS Ordinance REFERS:—
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Fee for Hawkers,
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Undertakers' Licenses,
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Licenses of Tenements, Boats, or Vessels, for lodging or reception of
Coolies or Emigrants (for every Ten Inmates) if by the Year,,,
And if by a lesser term (for every Ten Inmates,)
GOVERNMENT NOTIFICATION.
The following amended Draft Market Ordinance, which passed this day through Committee of the Legislativo Council, is published for general information.
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J. M. D'ALMADA E CASTRO,
for the Clerk of Councils.
HONGKONG.
'ANNO VIGESIMO PRIMO VICTORIE REGINE.
No.
of 1858.
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
The Market Ordinance, 1858.
Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the
May, 1858.] Legislative Council thereof, as follows:
I. Ordinance No. 2 of 1854 is hereby repealed.
Repeal of Ordinance II. All Markets presently established within the District of Victoria shall be subject to this Ordi-
No. 2 of 1854. ance; but it shall be lawful for His Excellency the Governor in Executive Council from time to time to fish and close Markets Governor in Council ths the same or any of them, and also to establish and continue or close any new Market or Markets and to make Regula
empowered to estab- within the said District, and to make such By-Laws for the letting of Houses, Shops, Stalls, or Standings tions and By-Lawa. herein, in any of the said Markets, hereinbefore specified, and the Durations and Conditions of such Lettings, and the Rents to be received for the same, and also for the good government of the said Markets, the repression or prevention of Disorder therein, and the protection of the Traffic thereof, as to His Ex- ellency in Council shall seem meet: Yet so as that no such By-Laws shall be contrary to this Ordinance, capable of being enforced until the same shall have been in English and Chinese published in the Hongkong Government Gazette, and, for the space of Seven consecutive Days, posted in all existing
Markets.
No Market to be decmed established till
III. No new Market shall be deemed to be established until after Notification made by His said Excellency in Council, in the Hongkong Government Gazette, in English and Chinese, that the same is so notified in the Gazette. stablished and open for public use.
English