XX
HONGKONG ORDINANCES.
at law in the name or rames of any one or more of applicable to any particular case, only touching any the members of such copartnership on behalf of all of the mattere intended to have been hereby provided the members composing the same, or in the name for, and touching also the manner of proceeding be or names of any such agent or agents for and on fore or applying to the said Court, and also the behalf of such copartnersl.ip, so as that, in all cucer¡ cx.cution of writs and ordera, and the aliowance and wherein but for this Ordinance it would bave been wantin of costs under this Ordinance as to the Court necessary to mention the names of all the members shall seem expedient, and such rules and orders composing any such copartnership, it shall be from to time to time to revoke or alter as to the sufficient to mention the name or names of such Court shall appear to be requisite; and all rules one or more member or members only or of such and orders so made and prescribed shall be of the agent or agents on behalf of such copartnership. same force and effect as if they had been inserted XVII. Judyment against such defendunt to oper- in this present Ordinance. And the said Court shall ate against the copartnership.—And be it enacted in all casu whatsoever of applications made to, or and ordained, that every judgment obtained or proceedings bad or taken before or by authority of, order made in any such action as last aforesaid the said Court, or otherwise under this Ordinance, shall have the same effect and operation upon the have full power to award or refuse costs, the same to persons and property, both real and personal, of be paid by and to such party or parties Lathe Court such copartnership, and of the several members shall in each case think it to order. thereof, whether such property be joint or separate, Schedules A, B, C, D. as if every member of such copartnership had been
No. 3. actually and in fact a defendant in the action ; and every such judgment or order may be enforced against all such property, as in ordinary cases of the like nature.
Doubts as to the An Ordinance to remove Legality of the Jury List to be in force from the First Day of March, 1855, and for enabling the Sheriff to render names with greater ac- curacy in future Lists.-[1st March, 1855.]—– The operation of Sect. 2 is extended by No. 2 of 1860.
XVIII. Proviso.—Agent not to be incompetent as a Witness.-Provided always, and be it enacted and ordained, that in every summons and other writ issued, and declaration or other pleading filed, on behalf of the plaintiff, in any action brought under the provisions of the two preceding sections, the An Ordinance to establish a proper System of atyle or fem of the copartnership shall be specified, Registration for Colonial Vessels.-[3d March, and it shall distinctly appear that the defendant 1955.] or defendants sued in or are so sued for and on
behalf of such copartnership - ;--And provided also that no agent sued on behalf of any such copartner- ship shall by reason ouly of bis being so sned be incompetent as a witness in the action on bebalf either of the plaintiff or of the copartnership, or be liable either in person or property to any judgment obtained in ruch action.
XIX. Pleas in abatement—And (for supplying | s more full and effectual remedy in this behalf in all cases in which there are joint contractors, one or more of whom shall be absent from the Colony) -Be it enacted and ordained, that no ples in abatement shall hereafter be received on behalf of any defendant in any action in respect of the non- joinder therein of any person alleged to have been! a joint contractor with such defendant, unless it be
No. 4.
No. 5.
An Ordinance to repeal Ordinance No. 6 of 1854, entitled an "Ordinance to provide for the Dis- posal of unclaimed Balances of the Estuves of Persona dying Investate within the Colony of Bongkong," and to substitute other Provisions in lieu thereof—(14th June, 1855]--Repealed by No. 1 of 1857.
No. 6.
an Ordinance for the Amendment of the Civil Administration of Justice.-[25th August, 1855.7
1856. No. 1.
expressly alleged in such plea that the person not An Ordinance to continue in operation Ordinance
joined in then resident at some place within this Island or its Dependencies, and where in particular. XX. Ordinance to extend only to cases of contract. -And be it enacted and ordained, that nothing in this Ordinance contained shall extend to any action of trespam or other action in tort (trover or detinue excepted) but to actions on or arising out of contract only.
No. 1 of 1855, to enforce Neutrality during the Contest now existing in China"-[2d Jan- uary, 1856.]—Expired January 1, 1857.
No. 2
An Ordinance to amend the Law relating to Bill of Lading.-[12th January, 1856.] Preamble-Exactments of Ad of Parliament, 18 XXL. The term “absence.”—And be it enacted and 19 Fictoria, Cap. 91, to be in force in the and ordained, that absence from the Colony shall Colony.-Whereas it is expedient that the Pro- for the purposes of this Ordinance be taken to be visions of an Act of the Imperial Parliament of the absence for the time being, whether the party shall | Eighteenth and Nineteenth Years of Her present ever have been within this Island or not.
Majesty, intituled “An Act to amend the Law XXII. The Court may make rules and award relating to Bille of Lading,” should be adopted in costs. —and be it enacted and ordained, that in all this Colony: Be it therefore enacted and ordained cuses in which no provision or no sufficient provision by His Excellency the Governor of Hongkong, in that behalf in "by this Ordinance made, it shall with the Advice of the Legislative Council thereof, be lawful for the said Supreme Court from time to That the Enactments of the sand Act of Parliament, time, (for the purpose of facilitating or more fully an Abstract of which is hereunto annexed, shall, or effectually carrying any or either of the objects from and after the passing of this Ordinance, be of of this Ordinance into execution, upon any applica-force in the Colony of Hongkong: tion in a summary way, made for that purpose by
1. Rights under Bills of Lading to vest in Conrig or on behalf of any person interested in any matter nee or Indorsee.-Every Consignce of Goods named by this Ordinance intended to be provided for, or in a Bill of Lading, and every Indorsee of a Bill of without any such application) to make and pre- Lading to whom the Property in the goods therein scribe all such rules and orders, either general or mentioned shall pass, upon or by reason of such
HONGKONG
ORDINANCES.
I
XXI
I. Definitions.-The following words and
-
Consignment or Indorsement, shall have transferred to and vested in him all rights of suit, kad be, pressions in thaɛ Ord.nance contained shall be con subject to the same Liabilities in respect of such, strued in manner bercinatter appearing; that is to Wall. The word · Wall' stall cxtend to and goods, as if the Contract contained in the Bill of say :- Lading bad been made with himself. 2. Not to affect right of stoppuge in transitu, include every external Wall and party Wall. Flow-The word Fluor' shail extend to and or claims for freight.—Nothing herein contained, shall prejudice or affect any right of atoprage in include every Horizontal Platform forming the transtću, or any right to claim Freight against the base of any Siory, and every Jont, Board, Timber, original Shipper or Owner, or any Liability of the Stone, and Brick, or other substance constituting Consignee or Indorsee, by reason or in coué quence the said Platform. Story. The word 'Story' shall extend to and of his being such Consignee or Indorsee, or of his receipt of the goods by reason or in consequence of include the full thickness of every Floor, and the space between the ander sarface thereof and the such consignment or indorsement, 3. Bill of Lading in hands of Consignee, dec., com- upper surface of the Floor, or (if there be no such clusive evidence of the shipment as against Mus. Floor) the Ground next below the said first-tuen- ter, &c.—Proviso.— "weiz Bill of Lading in the, tioned Floor. Works.-The word ' Works' shall extend to and bande of a Consignee or Indorsee for valuable cop- sideration representing goods to have been shipped include the constructing, reconstructing, pulling on board a vessel, shall be conclusive Evidence of down, opening, cutting into, adding to, and ultering such Shipment as against the Master or other any Building, Wall, Chimney, Stack, Flue, Drain, person signing the same, notwithstanding that such. Sewer, Cesspool, or any work whatsoever. Building.-The word · Building'... di extend to goods or some part thereof may not have been so shipped, unless such Holder of the Bill of Lading, and meiude every House, Outhouse, or Shed. shall have bad actual notice at the time of receiving
House. The word flouse Blix!) extend to and the same that the goods had not been in fact inden include every Dwelling House, Warebouse, Shop, on board; Provided, that the Master or other Manufactory, Work-room, Distillery, and Place of person so signing may exonerate himself in respect of such misrepresentation, by shewing that it was caused without any default on his part, and wholly by the Fraud of the Shipper, or of the Holder, or, some person under whom the Holder claims.
No. 3.
Guilty of a Nuisance.-The expression 'guilty secure storage or custody. of a Nuisance shall apply to and denote any person guilty of committing or continuing any Nuisance whatsoever, and any person guilty of permitting or suffering any Nuisance whatsoever, and any person guilty of omitting to take all proper and rasonable An Ordinance to declare certain Acts of the Im- means for procuring the abatement of a Nuisance perial Parliament to be in force in the Colony committed and continuing within his teuement, or upon or over some way or public place in the of Hongkong.—[29th January, 1856) The Schedule of the Tures As‹† Parliament to immediate neighbourhood of Lis tenement, for tue which this Ordinance refers are,—6 & 7 Victoria, space of twelve bours after the said Nuisance abali cap. 83, “An Act to amend the Law respecting the have been committed Duties of Corunere ;" 9 & 10 Victoria, cap. 24,
་
11. Rules to be observed as to works.—All works “An Act for removing some Defects in the Ad henceforward shall be under the survey and inspec- ministration of Criminal Justice; 11 & 12 Fiction of the Surveyor General, and shall be com- toria, cap. 46, “ An Act for the Removal of Defects in the Administration of Criminal Justice." No. 4.
An Ordinance relating to Willa made by Chinese People-[5th March, 1856.] No. 5.
An Ordinance for the Amendment of Procedure in Civil and Criminal Cases.—[17th March, 1856.1 -Except so jar as provision with respect to the! making of Rules in Sec. 2 is qualified by Ordin. ance No. 4 of 1857.
No. 6. An Ordinance to extend the Criminal Procedure Ordinance, No. 4 of 1852.—(17th March, 1856.] No. 7.
menced, regned, prosecuted, and completed with due observance of this Ordinance and particularly of the Rules next following, that is to asy :—
1. Walls of Houses.-The Walls of all Houses shall be solidly built of Bricks or Stones throughout, and shall be of the thickness of not less than nine inches at the upper Story, thirteen and a half inches at the Story immediately below the upper Story, and eighteen inches at the Story (if any) immediate below the said two Stories
2. Foundations of Wulls of Houses.-The Found- ations of every Wall of a House shall be of the depth of not less than twice the thickness of the Wall at the loweat Story of the said Building; and the lowest coure: of every such Foundation sball be of not less than twice the thickness of the Wali An Ordinance to extend to this Colony certain at the said lowest Story; and the height and thick- ness of the upper courses of such Foundation shall Enactments and General Orders for reforming diminish gradually towards the upper surface Procedure in the High Court of Chancery and the Offices thereof.-17th March, 1856.]-Er cept as to Sec 5, which is amended by Ordinance No. 4 of 1857.
No. 8.
An Ordinance for Buildings and Nuisances.-[16th April, 1856.]
thereof.
3. Floors in general--3. The Floors of any one Bouse aball not approach nearer than niue inches length towards the Floors of any other House separated by a Party Wall from the House first- mentioned, and the space intervening between the Baid two Flours shall be properly and substantially built up with Bricks or Stones, as the case may be. 4. Fluors of outside Howa—in the case of two
Preamble. Whercas further Provision hath been found necessary for the better Regulation of Build- ings and Prevention of Nuisances; Be it therefore or more Houses separated from each other, or enacted and ordained by His Excellency the other, by one or more party Walls, the external Governor of Hongkong, with the Advice of theen 8 of the Floors of the first and last of the said Houses eball be carried to and terminate at the Legislative Counei thereof, in manner following Space of not less than nine inches from the Outside that is to say :-