XXIV
HONGKONG ORDINANCES.
them lighted —The Surveyor-General shall from time to time cause a sufficient number of Irons or Posta for the lighting of the Strects, honda, Ways, and Public Thoroughfares of the City of Victoria to be provided, and the same to be set up, fixed, of erected, in all suitable Situations for such hunting, and either in any of the said Streets, Roais, Ways. and Thoroughfares, or in any Close adjacent there- to, or upon or against the Wall of any House or Building, or the Side of any Wall or Fence, or elsewhere, as be shall think proper; and he shall also from time to time cause to be provided, and put, and affixed upon the said Irons and Posts, such à number of Lamps, and of auch Sizes and Sorta respectively, as shall be found requisite for the Lighting of the said Streets, Roads, Waye, od Thoroughfares respectively. And it shall be the duty of the Superintendent of Police to light und to keep lighted the rad Lamps with Oil for any Dumber of hours in every twenty-four hours, as the said Surveyor-General "shall from time to time direct.
III. Laws relating to Removal or Felony of Fix- tures and Chalie!s extended to Lumps, Irons, dc.— The Laws relating to the removing, taking, carry- ing away, or stealing of Fixtures and Chattels! respectively, shall be interpreted to apply to the removing, taking, carrying away, or stealing of the said Irons, Posts, Lamps, and Oil respectively. by any persons whomsoever; and the Property of and in all such articles shall be deemed to be vested in the Surveyor-General for all the purposes of any Action, Suit, or Information brought or preferred against suy person for or in respect of the same, or for or in respect of any Trespasa, Injury, Mis demeanor, or Felony done or committed in respect of any of the said articles.
-Ali Munies recovered
VIII. Prispondi yf Nonus or received under this Ordinauce shall be paid into the Colonial Treasury.
No. 12.
An Ordinance to regulate Chinese Burials, and to present certain nisamees, within the Colony of Hongkong.—[12th June, 1856.]
No. 13.
An Ordinance for the Admission of Candidates to the Rolls of Practitioners in the Supreme Court, and for the Taxation of Costa.-[21st June, 18561-Except so far as its provisions are impliedly affected by Ordinance No. 12 of 1858.
No. 14.
An O-dinance for Fees and Costs.-[31st July, 1856]-Except as to Sec. 1, amended by Ordin anie No. 15 of 1856, and as to Sec. 2 by Ordinance No. 4 of 1857, and except as to Secs. 5, 6, and 12, repealed by same Ordinance. No. 15.
An Ordinance for amending the Law of Evidence and Trial by Jurg.—(22d August, 1856. }—Dis- allowed.
1857. No. 1.
An Ordinance for Intestates' Estates.—[3]January, 1857.]
1. Repeal of Ordinance No. 5 of 1855, and re- rivor of Ordinance No. 6 of 1854, (except Stetion 5.)-Ordinance No. 5 of 1855 is hereby repealed, and Ordinance No. 6 of 1834 (with the exception of Section Fire of the last-mentioned Ordinance) is hereby revived.
II, Subsequent claims to be made good out of the IV. Wilful Damage, how punishable—If a03||General Revenue of the Colony.—Ibe Officer ad- person shall wilfully extinguish the Light of any ministering the Government of this Colony shall, Buch Lamp, or wilfully injure, displace, or damage from time to time, as occasion shall require, repay any such Lamp or any other of the said articles, or make good to any persons preferring and duly every much offender shall, upon conviction thereof proving their Claim to the same after Confiscation before any Justice of the Peace, forfeit and pay for thereof for Colonial purposes under Section Three of every such Offence a sum not exceeding Fifty Ordinance No. 6 of 1054, all Funds so confiscated; Dollars, nor less than One Dollar, and shall further and all Monies in the Treasury forming part of, or forfeit and pay the full amount of the Damage by arising from, the general Revenue of the exid him so done as aforesaid, and all incidental Costa Colony, shall be applicable in so repaying or making good the same. and Expenses.
V. Apprehension of Offenders without Warrant. -It shall be lawful for any person witnessing the commission of an Offence against Section Three of this Ordinance, to seize the said Ofender, and to deliver him to any Constable, or to the said Justice of the Peace; and no Warrant shall be in any case necessary to justify the Apprehension of any such Offender as aforesaid.
VI. Carelenness or decidental Damage.—When any Damage or Injury sball 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 any Justice of the Peace, upon Complaint thereol made, to order and compel the said person to make full satisfaction for the amount of such Damage or Injury, together with all incidental Costa and Expenses.
III. Power to unsuccessful Claimants to Petition the Supreme Court in Equity. It shall be lawful for auý Claimant, under Section Two of this Or. digance, in case his Claim shall not be allowed by the said Officer, to present his summary Petition in that behalf to the Supreme Court in Equity, against the Queen's Attorney-General as Respondent there- to; and if he shall verify bis said Claim by Evidence to the satisfaction of the said Supreme Court, it shall be the duty of the axid Court to make much Order in the promises as justice shall require; and upon the application of the same, or any other Claiusant or Person, or of the said Attorney General, from time to time to vary the same and to enforce every such Order according to the practice of the Supreme
Court.
No. 2.
An Ordinance for better securing the Peace of the Colony. [6th January, 1857 ]—Suspended by Proclamation of 15th July 1857. See No. 9 of 1857 for amendel form of this Ordinance. No. 3.
VII. Summary procedure before Justices.-All Proceedings before a Justice of the Peace under this Ordinance, except as provided by Section Four shall be had, and the payment of all pecuniary An Penalties, Costs, and Damages under the same shall be enforced, in like manner as in other cases of or belonging to the summary jurisdiction of Justices is by law provided,
Ordinance for extending to this Colony certain Acts of Parliament.-[14to February, 1857.] The Acts of Parliament to which thi- Ordinance refers are—19 & 20 Vict. c. 64, an Act to repeal
HONGKONG ORIONANCES.
XXV
cortaiu Statutes which are not in use, the whole of¦ from time to line jarued by the said Superintendent the Act; 19 & 20 Vict. c. 94, an Act for the uniform to such of the Occupiers of the several Houses Administration of Intestales" Fainter, the whole of within Victoria, for use, as he aiu!! find to be fit the Act (except in so far as it may be deemed to and proper Persons to receive and use the same, affect the custome or usages of Chinese people,, and according to the Wants of such Occupiers: yet touching the distribution of the personal estate of so me that no Chinese Occupiers shall receive or Chinese persons dying intestate;) 19 & 20 Vict. c. hold more than Que such Furin at any one time; 97, an Act to attend the Laws of England and and that no further issue of Forms be made to any Ireland affecting Trade and Commerce. the whole Occupier but upon his delivering up or proving the of the Act; 19 & 20 Vict. c 113, an Act to provide Loss or Destruction of those whereuf he was pre- for taking Evidence in Her Majesty's Dominions in viously the bolder. III. Blanks to be filled up by the Orcupier.— relation to Civil and Commercial matters pending before Foreign Tribunals, so much of the Act as is Penalty-Every Occupier using or allowing to be not now in force within this Colony and its Depen-us-d aùy Pass, shall first fill up or cause to be tilled dencies, with the exception of the Proviso contain up the blanks thereiu according to the truth of the ed at the end of Section Six; 19 & 20 Vict. c. 120, case; and be shall not use nor al ow to be used any an Act to facilitate Leases and Sales of settled Pass except iu conformity with the facts thereby Estates, the whole of the Act, except so much appearing; and every Offence against this Section thereof ́as relates to Copyhold and Customaryhold shall be a Misdemeanor. Estates, and also except Sections Thirty, Thirty- one, Forty-two, Forty-three, Forty-four, Forty-five, and Forty-six.
No. 4.
An Ordinance for amending the Ordinances in mentioned.--[5th March, 1857.)
No. 5.
IV. Power to rescind Passes.-The Superinten- dent of Police is empowered from time to time to call in and rescind any l'asa previously issued by him, whether the times for which they were issued wilfully disobeying any such call shall be guilty of there.ball have then expired or not; and any Person a Misdemeanor.
An Ordinance for Salvage and Prize in certain cases.—25th March, 1857.]-Repealed by Or- dinance No. 4 of 1861.
No. 6.
An Ordinance for Registration and Regulation of the Chinese People, and for the Population Census, and for other Purposes of Police [5th May, 1857.)-Repealed by Ordinance No. 8 of
1858.
No. 7.
V. Penalty for not having a Night Pau.-Any Habitation between the hours of Eight in the Chinaman found at large eisewhere than in his own Evening and Sunrise,” and not having a Pass duly issued and made out in conformity with Sections Two and Three of this Ordinauce, shall be sum- arily punished by any Justice of the Peace for every Buch Offence, either by a Fine not exceeding Fifty Dollars nor less than Fifty Cents, or by uprisonment and Hard Labour for a term not exceeding Fourteen Days nor less than One Day, er by Public Whipping or Public Exposure in the Stocks, yet so as that no such Offender shall receive more than Twenty blows, or be exposed for more
An Ordinance for amending the Laws relating to Juries and Evidence. [1st June, 1857-than Two Hours, for any one Ofence. Except as to Sec. 5, which is repealed by Ordin- ance No. 2 of 1860.
No. 8.
VI Pucer to arrest and keep suspected Emissaries or Abettors of Enemies, &c.—Any Justice of the Peace may lawfully arrest, or cause to be arrested, An Ordinance for amending Ordinance No. 3 of with or without Warrant, any Person whom he 1851-15th July, 1857.)
No. 9.
An amended Ordinance for better Securing the Peace of the Colony.—[15th July, 1857.]
shall reasonably suspect to be an Emissary of Abettor of Her Majesty's Enemies, or of Pirates, or of Chinamen disaɗected to Her Majesty's Go- vernment, or otherwise dangerous to the peace and good order of this Colony, and him salely keep
L Power to suspend and revive this Ordinance. —until he can be dealt with according to law. His Excellency The Governor in Council may, by
VII. Power to deport for Five Fears.-His Ex- Proclamation, from time to time suspend, and from cellency in Council may, by Order under his band, time to time revive, this Ordinauce, or any portion prohibit any Person, not being a natural born or thereof; and subject thereto, this Ordinance shall naturalized Subject of Her Majesty, from residing come into force at the time of the passing thereof, or being within this Colony during any space of and shall so henceforth continue.
time not exceeding Five Years; and (if such Order II. Forms of Night Passes to be provided, sealed, shall not be obeyed by the said Person) then may, and issued, by the Superintendent of Police-Print ed Forms of Passes shall be provided by the Super. intendent of Police according to the Form following, that is to say:
[Royal Arms.]
by some other Order also under the hand of His said Excellency, authorise and direct the arrest and imprisonment of such Person without bail or mainprize, and for his Deportation (being so artest- ed and imprisoned) beyond the limits of this Colony, in which deportation force may be used if need be This is to certify, that the bearer hereof (name) for the purposes thereof, and if by the said last- is authorised to pass and repass during the Night mentioned Order it be so expressed. VIII. Co-operation with Fire Brigades.-Every Season from and to the House of Employer's! name] in [Street or Road] Victoria, during the Days from the date beroof. Dated Person whomsoever required by the Superintendent period of
'[Seal of Police to co-operate with any Fire Brigade, 4.D, 1857. this Day of Signed A.B., Superintendent of whether consisting of Volunteers or not, so thes the same be approved by His Excellency, or in the Police.'
which Forms shall bear Her Majesty's Arma, and working of Fire Engines, or in the suppression of the penalty, for every case of disobedience, of not be Scaled with the Police Office Seal; and shall be Fire, shall be bound to obey such requisition under
• Amraded by Ko, 6 of 1846,
• Nos. 5, 7, and 14 of 1856. + Police AmamELDER 1.
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