14
Assessors
choose Tepo. ap-
to
III. The Assessors so approved and nominated shall by a majority of Votes choose One of their number to be Tepo for the ensuing year, and such Person after proval by the Governor shall be Tepo of the District for One Year from the date of such approval, and afterwards until his Successor be chosen. Provided that nothing herein contained shall be held to circumscribe the Power of appointing such Tepo, possessed by the Governor under Sec. II. of the said Ordinance No. 13 of 1844.
IV. The election of Assessors and Tepo shall take place annually, at such time and in such manner as the Governor may determine, and the qualification for an Elector or Assessor shall be the previous occupation during One Year immediately Electors and As- preceding the election of a Tenement rated to the Police Tax, and the payment of sessors. all Arrears of the said Tax: And all disputes as to qualification or the mode of election shall be determined by the Chief Magistrate.
Mode of election. Qualification of
Assessors to fix
Expense how to
V. The majority of Assessors may from time to time, not being oftener than once in the year, by petition to the Governor declare what Salary they consider it neces- Salary of Tepo. sary that the Tepo should receive, and the Governor may thereupon authorize the said Assessors to levy on the Annual Value (as assessed to the Police Tax), of all Premises in the occupation of Chinese Tenants, a Rate per Cent sufficient to defray be defrayed. the amount of such Salary: And from the Money so raised the Assessors shall pay the Salary to the said Tepo, reserving the remainder, if any, for such other purposes of Public utility as the Governor may sanction. And the Chief Magistrate may enforce the payment of the said Rate by distress and sale of the Goods and Chattels found on the Premises of the defaulter, in the manner provided by Ordinance No. 2 of 1845, for the enforcement of the payment of Police Rates.
Application surplus Funds.
of
sent of Plaintiff and Defen
decision to Tepo of the Dis
VI. If any Person have a complaint against a Chinese he may apply for redress Chinese causes, with con to the Tepo of the District, who shall use his best endeavour to obtain an amicable dunt, may he referred for Settlement thereof. Failing such Settlement he shall ask the Plaintiff and Defen- trict. dant in the case, whether they are willing that he should determine the dispute Parties to declare betor- assisted by Assessors; and should the Parties consent to such determination, they shall a Magistrate their full con thereupon sign before some Justice of the Peace a declaration to that effect. The Tepo shall then summon the Assessors to his assistance; and shall proceed to hear with the assistance of Five and determine the Case, not less than Five Assessors being present during the Pro-rs ceedings; and the decision of the majority of the Assessors present shall be bind- standing, refer the Partie ing upon the Parties; but the Assessors instead of coming to a decision may, if they bunal." think it proper, refer the matter for the decision of the proper English Tribunal.
sent to the reference.
Tepo may then decide,
Assessors may, notwith-
to the proper English Tri-
VII. The decision so given by the Tepo and Assessors shall be reported in writing Decision of the by the Tepo to the Chief Magistrate, who, upon being duly called upon so to do, Tepo and Assessors shall enforce the judgment by distress and sale of the Goods and Chattels of the how enforced. defaulter, and failing these by Imprisonment not exceeding Six Months. Provided
that if the judgment appear to him on the face of it to be manifestly erroneous or unjust, he may refuse to enforce it, and may remit the Case to be re-heard by the
Tepo and Assessors, or to be re-heard by the proper English Tribunal.
Ordinance to ap-
VIII. Nothing herein contained shall be held to give to such Tepo or Assessors ply to Civil causes jurisdiction over any Criminal cause, or to prevent any Person from bringing his only. complaint in the first instance before any English Court having jurisdiction therein.
Read the first Time, this 13th Day of October, 1853.
L. D'ALMADA E CASTRO,
Clerk of Councils.
GOVERNMENT NOTIFICATION.
His Excellency The Governor is pleased to direct that the following Despatch from His Grace The Secretary of State for the Colonies with its Enclosure, an Order of Her Most Gracious Majesty in Council, be published for general information.
Colonial Secretary's Office, Victoria, Hongkong, 14th October, 1853.
W. CAINE,
Colonial Secretary.
Circular.
DOWNING STREET, 19th July, 1853.
SIR,I transmit to you, herewith, an Order made by Her Majesty in Council on the 13th ultimo. establishing certain Rules and Regulations in Appeals to the Queen in Council from the Colonies, and from the Territories of the East India Company, with a view to greater economy, despatch, and efficiency in the Appellate Jurisdiction of Her Majesty.
You will take the necessary steps for giving the most extensive publicity to these Rules and Re- gulations, which have been recommended by the Judicial Committee of the Privy Council for the purpose of effecting a material improvement in the administration of Justice, and a considerable re- duction in the cost of prosecuting Appeals to the highest Tribunal in the Country.
I have the honor to be, Sir, your most obedient humble servant,
Governor Sir G. BONHAM,
&c.,
&c.
&c.. Hongkong.
NEWCASTLE.