1
The Honghong Government Gazette.
And the same having been read and received.--
The Attorney General called the attention of the Council to the prayer of the Memorialists.
[MAY 29, 1858.
It was thereupon ordered, that the said Memorial be printed, with the Minutes of the Council, in the next
Government Gazette.
Mr Lyall stated, that he would, before the next meeting, send to the Clerk of Councils notice of Motion, "for
submission to the Council, on the subject matter of the said Memorial. The Council then adjourned till Monday, the 31st instant, at 12 o'clock.
No. 49.
By Order of His Excellency The Governor,
L. D'ALMADA E CASTRO, Clerk of Councils.
GOVERNMENT NOTIFICATION.
The subjoined Sections of the Act of Parliament 20 and 21 Victoria, Chapter 85, relating to Divorce and Matrimonial Causes, which have been extended to this Colony by Ordinance No. 5 of 1858, (except so far as the said Sections, or any of them, relate to the Dissolution of Marriage,) are hereby published for general information.
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 26th May, 1858.
Jurisdiction in Mat-
vested in Ecclesias- tical Courts to cease.
W. T. BRIDGES, Acting Colonial Secretary.
II. As soon this Act shall come into operation, all Jurisdiction now exerciseable by any Ecclesiastical ters Matrimonial now Court in England in respect of Divorces à Mensa et Thoro, Suits of Nullity of Marriage, Suits of Jactication of Marriage, Suits for Restitution of Conjugal Rights, and in all Causes, Suits, and Matters Matrimonial, shall cease to be so exerciseable, except so far as relates to the granting of Marriage Licences, which may be granted as if this Act had not been passed.
મે
No Decree for Di- VII. No Decree shall hereafter be made for a Divorce d Mensa et Thoro, but in all Cases in which a vorco Mensa et Decree for a Divorce à Mensé et Thoro might now be pronounced the Court may pronounce a Decree for Thoro to be made here-
Judicial Separation, which shall have the same Force and the same Consequences as a Divorce à Mensá after, but a Judicial
et Thoro now has. Separation.
Seal of the Court.
Officers of the Court.
a
XIII. The Lord Chancellor shall direct a Seal to be made for the said Court, and may direct the same to be broken, altered, and renewed, at his Discretion; and all Decrees and Orders, or Copies of Decrees or Orders, of the said Court, sealed with the said Seal, shall be received in Evidence.
XIV. The Registrars and other Officers of the Principal Registry of the Court of Probate shall attend the Sittings of the Court for Divorce and Matrimonial Causes, and assist in the Proceedings thereof, as shall be directed by the Rules and Orders under this Act.
Power to Advocates XV. All Persons admitted to practise as Advocates or Proctors respectively in any Ecclesiastical Barristers, &c., of Court in England, and all Barristers, Attornies, and Solicitors entitled to practise in the Superior Courts Ecclesiastical and Su- perior Courts to prac- at Westminster, shall be entitled to practise in the Court of Divorce and Matrimonial Causes; and such Advocates and Barristers shall have the same relative Rank and Precedence which they now have in the tise in the Court.
Judicial Committee of the Privy Council, unless and until Her Majesty shall otherwise order. Sentence of Judicial XVI. A Sentence of Judicial Separation (which shall have the Effect of a Divorce à Mensa et Thoro Separation may be ob- under the existing Law, and such other legal Effect as herein mentioned,) may be obtained, either by the tained by Husband or Husband or the Wife, on the Ground of Adultery, or Cruelty, or Desertion without Cause for Two Years Wife for Adultery, &c.
and upwards. Application for Re-
XVII. Application for Restitution of Conjugal Rights or for Judicial Separation on any one of the stitution of Conjugal Grounds aforesaid may be made by either Husband or Wife, by Petition to the Court, or to any Judge of Rights or Judicial
Assize at the Assizes held for the County in which the Husband and Wife reside or last resided together, Separation may be made by Husband or and which Judge of Assize is hereby authorized and required to hear and determine such Petition, accord Wife by Petition to ing to the Rules and Regulations which shall be made under the Authority of this Act; and the Court or Court, &c.
Judge to which such Petition is addressed, on being satisfied of the Truth of the Allegations therein contained, and that there is no legal Ground why the same should not be granted, may decree such Res titution of Conjugal Rights or Judicial Separation accordingly, and where the Application is by the Wife may make any Order for Alimony which shall be deemed just: Provided always. that any Judge of Assize to whom such Petition shall be presented may refer the same to any of Her Majesty's Counsel or Serjeant at Law named in the Commission of Assize or Nisi Prius, and such Counsel or Serjeant shall, for the Purpose of deciding upon the Matters of such Petition, bave all the Powers that any such Judge would have had by virtue of this Act or otherwise.
this Act.
Powers of Judges of XVIII. For the Purpose of hearing and deciding all Applications under the Authority of this Act, Assize for Purposes of the Judge of Assize or Person nominated by him as aforesaid shall be entitled to avail himself of the deciding Applications Services of all Officers, and use and exercise all Powers and Authorities, which the Court of Assize may under Authority of employ, use, and exercise for the Determination of Causes and other Matters now usually heard and decided by them respectively, and the said Judge of Assize or other Person shall also for the Purpose have and be entitled to exercise all the Powers and Authorities hereby given to the Court for the hearing and deciding Applications made to it, and also the Powers hereby given to the Court to make Provision touching the Custody, Maintenance, and Education of Children; and every Order made by any Judge of Assize or other Person under the Authority of this Act may, on the Application of the Person obtaining the same, be entered as an Order of the Court, and when so entered shall have the same Force and Eff.ct, and be enforced in the same Manner, as if such Order had been originally made by the Court.
XIX. The Court shall from Time to Time fix and regulate the Fees which shall be payable upon all late Fees on Proceed- Proceedings under any Application to a Judge of Assize under this Act; and such Fees shall be received ings before Judges, in Money, for their own Benefit, by the Persons to whom or for whose Use the same shall be directed to
be paid.
&c.
The Court to regu-
Orders may be re- viewed.
XX. Any Order so entered as aforesaid may be reviewed, and either altered or reversed on Appeal
to the Judge Ordinary of the Court, but such Appeal shall not stay the intermediate Execution of the Order, unless the Judge Ordinary shall so direct, who shall have Power, if such Appeal be dismissed or abandoned, to order the Appellant to pay to the other Party the full Costs incurred by reason of such Appeal.
Wife deserted by XXI. A Wife deserted by her Husband may at any Time after such Desertion, if resident within her Husband may ap- the Metropolitan District, apply to a Police Magistrate, or if resident in the Country to Justices in Petty ply to a police Ma- Sessions, or in either Case to the Court, for an Order to protect any Money or Property she may acquire gistrate or Justices in Petty Sessions
Protection.
for
by her own lawful Industry, and Property which she may become possessed of, after such Desertion, against her Husband or his Creditors, or any Person claiming under him; and such Magistrate or Justices or Court, if satisfied of the Fact of such Desertion, and that the same was without reasonable Cause, and that the Wife is maintaining herself by her own Industry or Property, may make and give to the Wife an
Hongkong
NEW SERIES.
THE
4. 10 2517/0781
Government
GAZETTE.
VICTORIA, SATURDAY, 12TH JUNE, 1858.
GOVERNMENT NOTIFICATION.
VOL. III. No. 159.
The Contract for publishing this Gazette, entered into on the 24th September, 1853, was terminated on the 30th ultimo ; and notice is hereby given, that a New SERIES of this Gazette will be published hereafter, to commence from the 7th instant, under a New Contract, and that
"THE HONGKONG GOVERNMENT GAZETTE"
will, as before, be the only Official Organ for PROCLAMATIONS, NOTIFICATIONS, and PUBLIC PAPERS, of this Government,
By Order,
Colonial Secretary's Office, Victoria, Hongkong, 24 July, 1855.
W. T. MERCER, Colonial Secretary.
VOTES AND PROCEEDINGS OF THE LEGISLATIVE COUNCIL OF HONGKONG.
No. 16 of 1858.
THURSDAY, 10th JUNE, 1858.
PRESENT:
HIS EXCELLENCY THE GOVERNOR AND ALL THE MEMBERS, EXCEPT THE LIEUTENANT GOVERNOR FROM INDISPOSITION, AND MR JARDINE, WHO HAD REQUESTED TO BE EXCUSED FROM ATTENDANCE.
The Council met to-day, pursuant to adjournment. The Minutes of the last Council were read and approved.
Read Resolution of Council of 11th January, 1858,-"That it is the opinion of this Council, that each Member should be authorized to introduce a stranger, by order under his hand, to the Sittings of this Council; and that the Governor should be authorized to introduce strangers without any such limit."
Read Despatch No. 14, of 9th April, 1858, from The Right Honourable Lord Stanley, concurring in the views of the Council, That the Public be admitted to the Sittings of the Legislative Council, on the conditions expressed in the said Resolution.
It was moved by the Acting Colonial Secretary, seconded by the Attorney General, and carried unanimously,--- That on strangers being admitted to the Sittings of the Legislative Council, the publication of the Proceedings of the Legislative Council in the Government Gazette, be discontinued.
Read Resolution of Council of 19th January, 1858,-" That His Excellency be requested to recommend that the Salary of the Clerk of Councils be increased to £200 per annum; such increase to commence from the 1st Day of January now instant."
Read Despatch No. 18, of 13th April last, from The Right Honourable Lord Stanley, on the subject of the said
Resolution; and
It was unanimously Resolved, That the Salary of the Clerk of Councils be raised to £200 per annum, from the
1st Day of January, 1858.
The Ordinance "for Penal Servitude was read a second time,
And the Council went into Committee upon the said Ordinance.
Sections 1, 2, and 3, struck out.
A new Section was introduced, discussed, and ordered to stand as Section 1.
A new Section was added, amended, and ordered to stand as Section 2.
A further Section was introduced, and adopted as Section 3. Section 4 struck out.
Section 5 being renumbered as Section 4, and amended,—
The Governor put the question, That the word "Seven" before the word "Years," stand part of the Clause.
Council divided.
Ayes (3).
MR DENT.
ATTORNEY GENERAL.
CHIEF JUSTICE.
Noes (5).
MR LYALL. CHIEF MAGISTRATE, SURVEYOR GENERAL. COLONIAL Treasurer. ACTING COLONIAL SECRETARY.