ORDINANCES Nos. 4 AND 5 OF 1850.
Desertion of Seamen.
Justices of the Peace,
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the ship to which such seaman may belong, and be recoverable from him at the suit of the Superintendent of Police, as a debt due to the Government of this Colony; and the subsistence money for every such seaman confined in gaol shall be paid weekly in advance to the keeper of the gaol, and in default of such payment, the gaoler may release such seaman.
6. And be it further enacted and ordained, that at the requisition of the Consul resident at Hongkong, of any Foreign Nation, it shall be lawful for the Governor of the said Colony to suspend the operation of this Ordinance in regard to the ships of that Nation, for so long a period as such Consul may require or the said Governor may think fit; and that on like requisition it shall and may be lawful for the said Governor, if he deem it fit, to cause any pending proceeding or case under this Ordinance to be discontinued and abated.
[Repealed by Ordinance No. 8 of 1879.]
At the requisition of foreign Consuls, operation of this Ordinance may be suspended.
No. 5 of 1850.
An Ordinance to regulate Proceedings before Justices of the Peace.
[17th December, 1850.]
WHEREAS in consequence of the multiplicity of cases civil and criminal that occur for adjudication or investigation before Justices of the Peace as constituting the Court of Petty Sessions, or sitting singly, it has become necessary to ordain a uniform, simple, and effectual mode of procedure, and of recording the proceedings in such cases: Be it therefore enacted and ordained, that,
1. The provisions of this Ordinance shall extend to all cases whatever, civil or criminal, cognizable by any Justice or Justices of the Peace, whether sitting in session or otherwise, notwithstanding anything heretofore enacted and ordained on this behalf.
Title. [See Ords. No. 10 of 1844 and No. 16 of 1875.]
Preamble.
To what cases Ordinance shall extend.
2. Be it further enacted and ordained, that by each Justice or at each public office shall be kept a book in the form to this Ordinance annexed, or in any similar form containing the same particulars, to be called the Writ Book, containing an abstract of all summonses, warrants, and other writs issued by the said Justice or from the said office, and the issue of the summons or warrant, and entry of such abstract consequent upon the viva voce statement of the plaintiff or his attorney, may be the commencement of the suit, without any further written affidavit or information whatever; Provided that should the defendant appear voluntarily, or upon arrest without warrant, such appearance may be the commencement of the suit.