8. All persons in charge of houses appropriated wholly or in part to the smoking of Opium or to the retail of the same in smaller quantities than one chest shall take out and hold a permit from the person duly licensed as aforesaid, and in default thereof shall be liable to the fines and punishments prescribed by section No. 1 of these Regulations. Provided always that the said licensed person so granting the said permit shall have regard to the power retained under the 2d section of these Regulations by the said Governor for determining the number of houses to be appropriated to the retailing or smoking of Opium.
9. And it is further declared and ruled, that in all cases not above provided for, and where any penalty is imposed, the said penalty shall in the first instance be levied by distress as before mentioned, and that if there be no sufficient distress the offender shall be liable to imprisonment for any period not exceeding Six calendar months, and that the presiding Magistrate or Magistrates before whom any person shall be tried and convicted for any breach of the foregoing Regulations or any of them, shall have in his or their discretion power to commute the amount of any of the aforesaid pecuniary penalties, or to shorten the respective periods of imprisonment herein before prescribed.
Passed the Legislative Council of Hongkong,
this 12th day of July, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
J. F. DAVIS,
At a Meeting of Council held at Government House on the 15th January, 1845, it was resolved that the Auction duty of 2½ per cent, imposed under Ordinance No. 21 of 1844, should be remitted on the sales hereinafter enumerated, and that the same be published in the Gazette, for general information.
1st. That in case the real Owner of any Estate, Goods, or Effects, put up to sale by way of Auction, shall become the Purchaser, by means of his own bidding, or the bidding of any other person on his behalf, or for his use, at such sale, without fraud or collusion, then, and in such case, an allowance shall be made to such Owner of the duties arising upon such bidding, provided Notice be given in writing to the Auctioneer before such bidding, both by the Owner, or his Agent, and the person intended to be the bidder of the latter, being appointed, and having agreed accordingly to bid at the sale for the use and behoof of the seller; and such delivery of such Notice so signed as aforesaid shall be verified upon the Oath of the Auctioneer, as also the fairness and reality of the said transaction to the best of his knowledge and belief. Provided always that no such allowance of the Auction duty shall be made, unless such Notice shall, at the time appointed by Law for the Auctioneer's passing his Account of such sale, be produced by the Auctioneer to the person authorized to pass the Accounts of such sales, nor unless such Notice shall be left with such authorized person; and in case any dispute shall arise whether such purchase by or for the owner was not made by collusion, or in order to lessen the full sum appointed by Law to be paid, or concerning the fairness of such transaction, then, and in such cases, the proof thereof shall lie upon the person acting as Auctioneer; and on failure therein, or in case of any unfair practice, then no such allowance shall be made as aforesaid; anything herein contained to the contrary notwithstanding.
2nd. That the said duty of 2½ per cent shall not extend to, or be held to extend to, any goods distrained for Rent, and sold by Auction, or any Estate, Goods, or Chattels sold at Auction, under the Authority of any Sheriff, or under-Sheriff, for the benefit of Creditors, in Execution of any Judgment had or obtained; or any Estate, or Effects of Bankrupts, sold by order of the Assignee or Assignees under any Fiat in Bankruptcy, nor to any ships, or their Tackle, Apparel, and Furniture, or the Cargoes thereof, which may be taken and condemned as Prizes, which shall be sold in this Colony, by or for the benefit of the Captors thereof, nor to any ships or Goods that may be wrecked or damaged by shipwreck, and sold by Auction within this Island for the benefit of the Insurers or Proprietors thereof; or which may be sold free of duty to defray the charges of salvage; nor to any Goods damaged by Fire, and sold by order of, and for the benefit of the Insurers of such Goods.
Victoria, 28th January, 1845.
ADOLPHUS E. SHELLEY,
Clerk of Councils.
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