16
Costs may be given.
XI. The Court, or Justices before whom any proceedings whatsoever shall be had under this Ordinance or the said enumerated Ordinances, may award Costs and Expenses to be paid by any Offender upon conviction, and to enforce payment thereof by any of the ways and means prescribed by Ordinance No. 8 of 1856 in respect of penalties.
English Law of Nuí- XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally sances to come in force prohibited within this Colony, and may be abated and punished according to the Provisions of this Ordinance within this Colony, and the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances now in force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abate...ent, or Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, shall, until express Provision he made to the contrary, extend to and be enforced within this Colony likewise. XIII. Such of the Orders and Regulations of the General Board of Health established in London under Authority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be from time to time by the Governor in Executive Council determined and notified, with such Modifications thereof respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such extent or with such modifications as shall be so notified, extend to and be enforced within this Colony under the authority of this Ordinance.
Orders, &c., of the Board of Health,
Saving as to Acts XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall done or sanctioned by operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority.
the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging the same.
Passed the Legislative Council of Hongkong,
this 12th Day of June, 1856.
L. D'ALMADA E Castro,
Clerk of Councils,
JOHN BOWRING.
t:
HONGKONG.
ANNO DECIMO NONO VICTORIE REGINE.
No. 11 of 1856.
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.
An Ordinance for Lighting the City of Victoria.
[12th June, 1856.]
Whereas it is desirable that a system of Public Lighting should be introduced into this City: Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Leisglative Council thereof, as follows:-
Preamble.
1. For defraying the Expenses of and incident to the execution of this Ordinance, there shall be levied « The Lighting Rate." Quarterly, together with and in addition to the Police Rate or Rates for the year, a further Kate to be called The Lighting Rate," and estimated at One and a Half per Cent on the gross amount of the Property included in the Police Rate Assessment for the current year; and all the Provisions of the Ordinances No. 2 of 1845 and No. 3 of 1851, touching Valuation, Assessment, Levy, and Appeal, shall extend and apply to the said "Lighting Kate."
II. The Surveyor-General shall from time to time cause a sufficient number of Irons or Posts for the The Surveyor-Le- lighting of the Streets, Roads, Ways, and Public Thoroughfares of the City of Victoria to be provided, and neral to provide and the same to be set up, fixed, or erected, in all suitable Situations for such lighting, and either in any of the the Superintendent of fix Lamps, &c, ami said Streets, Roads, Ways, and Thoroughfares, or in any Close adjacent thereto, or upon or against the Wall Police to keep them of any House or Building, or the Side of any Wail or Fence, or elsewhere, as he shall think proper; and he lighted. shall also from time to time cause to be provided, and put, and affixed upon the said Irons and Posts, such a number of Lamps, and of such Sizes and Sorts respectively, as shall be found requisite for the Lighting of the said Streets, Roads, Ways, and Thoroughfares respectively. And it shall be the duty of the Super- intendent of Police to light and to keep lighted the said Lamps with Oil for any number of hours in every twenty-four hours, as the said Surveyor General shall from time to time direct.
to
III. The Laws relating to the removing, taking, carrying away, or stealing of Fixtures and Chattels Laws relating respectively, shall be interpreted to apply to the removing, taking, carrying away, or stealing of the said Irons, Removal or Felony of Posts, Lamps, and Oil respectively, by any persons whomsoever; and the Property of and in all such articles Fixtures and Chattels, extended to Lamps, shall be deemed to be vested in the Surveyor-General for all the purposes of any Action, Suit, or Information Irons, &c. brought preferred against any person for or in respect of the same, or for or in respect of any Trespass, Injury, Misdemeanor, or Felony done or committed in respect of any of the said articles.
or
IV. If any person shall wilfully extinguish the Light of any such Lamp, or wilfully injure, displace, or Wilful Damage, how damage any such Lamp or any other of the said articles, every such offender shall, upon conviction thereof punishable. before any Justice of the Peace, forfeit and pay for every such Offence a sum not exceeding Fifty Dollars nor less than One Dollar, and shall further forfeit and pay the full amount of the Damage by him so done as aforesaid, and all incidental Costs and Expenses.
fenders without War-
V. It shall be lawful for any person witnessing the commission of an Offence against Section Three of Apprehension of Of this Ordinance, to seize the said Offender, and to deliver him to any Constable, or to the said Justice of the rant. Pence; and no Warrant shall be in any case necessary to justify the Apprehension of any such Offender as aforesaid.
Carelessness or Ac-
VI. When any Damage or Injury shall have been occasioned unto any such articles by any person otherwise than wilfully, and such person shall not have made satisfaction for the same, it shall be the duty of cidental Damage. any Justice of the Peace, upon Complaint thereof made, to order and compel the said person to make full satisfaction for the amount of such Damage or Injury, together with all incidental Costs and Expenses.
VII. All Proceedings before a Justice of the Peace under this Ordinance, except as provided by Summary procedure Section Four shall be had, and the payment of all pecuniary Penalties, Costs, and Damages under the same before Justices. shall be enforced, in like manner as în other cases of or belonging to the summary jurisdiction of Justices
is by law provided.
VIII. All Monies recovered or received under this Ordinance shall be paid into the Colonial Treasury. Disposal of Monies,
JOHN BOWRING.
Passed the Legislative Council of Hongkong,
this 12th Day of June, 1856.
L. D'ALMADA E CASTRO,
Clerk of Councils.