Directory_and_Chronicle_1863 — Page 70

XXVIII

HONGKONG ORDINANCES.

¦

IX. Certiorari or Mandamus not required.—No Cercorari, Maudamus, or other Writ, shall be requisite for carrying into effect this Ordinance.

same shall be further conditioned for his uppear- ¦ to the judgments of the said Supreme Court, upon ance before the said Justier, or (if that be unsuit any Appeals under the same ; and all Justices shul) able) before some other Justice, who shall be be bound to conform theшstires in the premises to Pitting and exercising the same Juris liction, within the directions, opinions, and judgments of the asid Ten Days after the judgment shall have been given Court, by the Supreme Court on the said Appeal, to abide the said judgment, unless thereby the determination so appealed against shall have been reversed; And

X. Forfeited Recognisance.-The Laws for the every such Appellant, upon entering into a Recog- gisance so further conditioned as aforesaid, shall time being in force with respect to the proceeding upon Recognisances forfeited before Justices or at be immediately liberated from such Custody. Y. If the Justice refuses, the Supreme Court may Sessions, shall extend to all Recoguisances which rule a Case to be stated-Cost.In case of the snall be taken under this Ordinance, and any of the refusal of a Justice to slate or deliver & Case under Conditions whereof shail not have been complied an with; yet so as that, upon every sacb Recognisance this Ordinance, the Appellant may, upon Affidavit of the fact, apply to the Supreme Court there shall be endorsed the Certificate of a Justice, for a Rule calling upon the said Justice, and also stating in what respect the said Conditions have upon the Respondent, to show cause why the said not been complied with, which Certificate shall be Case should not be stated or delivered; which Rule, deemed to be primâ facie evidence of the forfeiture (if granted) may afterwards be made absolute or of the said Recognisance. XI. General Rules and Orders of the Supreme discharged by the said Court, with or without pay. ment of Costs by the said Justice or either Party, Court.-21 Vid. c. 43.—The Supreme Court shall as the circumstances shall require; and if the same dave power (with consent of the Legislative Council) be made absolute, the said Justice shall, upon being to make and alter from time to time any General served therewith, and upon the Conditions specified, Rules and Orders of Court, for the better regulation in Sections Three and Four respectively being of the practice and proceedings under this Ordin- complied with, state and deliver a Case accord- ance, and subject thereto and to this Ordinance the said practice and proceedings shall be regulsted, ingly.

VI. Cases to be transmitted, dr., within Three|80 far as practicable, by analogy to the practice Days; and set down Four clear Days before argu-and proceedings for the time being observed in the mexi.—Within Tbres clear Days after a Case has Superior Courts of Law at Westminster, with re- been delivered to an Appellant under this Ordin-speci to Appeals under the Act of Parliament of the ance, he shall first transmit a Copy thereof with Twenty-first Year of the Queen, Chapter Forty- a Notice in Writing of his Appeal to the Respond three. XII. Summary Convictions for Burglaries, doc. ent, and shall thereupon transmit the said Case to the Supreme Court, and the Case when so trans-Henceforward the Summary Jurisdiction of Petty mitted shall be set down for argument in Court or in Chambers, by the Registrar of the said Court, at the request of either party, Four clear Days before the day appointed for the said argument yet so me that Notice in Writing of the same having been so set down be given by the party so request ing, to the opposite party, Four clear Days before the day so appointed.

-

Sessions in Criminal Cases shall not be ousted merely because the Off nce charged or proved shall amount to a Burglary, Housebreaking, breaking or entering a Curtilage, stealing in a Dwelling-house, Shop, or Curtilage, or stealing from the Person: Yet so as that it shall be the duty of the said Court and of all Justices (where the Offence is of an ag- gravated nature) to commit such Offenders to the Supreme Court for trial

No. 5.

An Ordinance for extending to this Colony certain Imperial Enactments, and certain Rules and Orders of the Superior Courts.-[228 March, 1858.1-Repealed by Ordinance No. 5 of 1860.

No. 6.

An Ordinance to amend Ordinance No. 9 of 1857. [27th March, 1858.)

VII. Orders of the Court shall be conclusive.. Costs.-The Supreme Court shall bear and deter- mine every question of Law or Fact, arising upon Case to set down, and ehall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said Case aball have been stated, or remit the matter of such dotermination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said Case

Power to alter Houri.-The Hours specified in to him, with direction to make a new deter-Section Five of Ordinance No. 9 of 1857 may be, mination, or (as the case may be) to amend the same, and to return it to the said Court, within such time as the said Court may direct, and eball postpone judgment thereon, until after the same shall have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise An Ordinance for amending Ordinance No. 11 of 1844.—[5th April, 1858.] make all such Orders with respect to Costa, ne shall

from time to time, altered by His Excellency in and every such Alteration, Executive Council when so made, shall be forthwith notified, in English and Chinese, in the Longkong Government Gazette.

No. 7.

be deemed meet ; save that no Justice, who shall I. Amendment of Ordinance No. II of 1844.— have stated and delivered a Case under this Ordin-Ordinance No. 11 of 1844 is hereby amended, by ance, shall be liable to Costs for or by reason of the substituting the words "Three Bondred current same, or of the determination in respect whereof Dollars," in the room of the words “Fifty Dollars.” the same shall have been stated.

in Sections Seven and Eight of the same: And VIII. Determinations after Appeal may be en- also by omitting Section Thirty-three of the said forced. -The Laws relating to the enforcement by Ordinance: Aud also by inserting after Section Justices or others, of determinations of Justices Twenty-five of the same, the following new Sec- not appealed against under this Ordinance, shall tions, to be respectively numbered from Twenty- extend to and be applied by Justices or others in six to Thirty both inclusive, that is to say :- the enforcement of determinations affirmed, or amended, or made, under this Ordinance, and also

1

• Public House License Fer.

HONGKONG ORDINANCES.

XXVI Chinese Licensca. The foregoing provisions of this Ordinance shall not apply to Chinere people licensed to retail Spirituous | Liquors to Chinese pe „ple only.

XXIX

in force for rega`sting Summary Proceedings be. fore Supendiary Magistrate or Petty Sessions' Court ?"-

Repral of OA-nance No. 4 of 1815, and No. 4 **XXVII. Colva il Seenitary may grant Chinese of 1817 – And also by inserting in the title of the Luensu. —A Loone: to retail Spirituous Liquors Jame Ordinance after the words “ Public Houses,” And Ordinancen for One Year to Chinese people only way be the words ** and ceruit (tames ;“ granted to a Chinatuan only by the Colonial No. 4 of 1815, and No. 4 of 1853, are hereby Secretary, who shali Lave first satisfied Limself repealed.

of the fitness of the said Chinaman, and that he bath duly paid, as he is hereby required to pay.

No. 8.

iuto the Colonial Treasury, the first monthly An Ordinance for Regulation of the Chinese People, instalment of the Year's Fee for the said License. ! “XXVIII. $120 per Annum to be the License Fet. The said Fee abali be One Hundred and Twenty current Dollars per Annum, payable in advance, by even Monthly instalmenta.

and for the Population Census, and for other Purposes of Police.-[20th May, 1858 )— Except so far us relates t› Sec. 2, amended by Ordinana No. 7 of 1859.

No. 9.

1. Repeal of Ordinance No. 2 of 1854.-Ordi- nance No. 2 of 1854 is bereby repcaled.

"XXIX Conditions of the License. It shall be lawful for the Colonial Secretary to require, by way of condition inserted in any such License. The Markets Ordinance, 1858,-[31st May, 1858,] that the bolder thereof do exhibit conspicuously and permanently in front of the place of business | thereby licensed, his Name and Number, and the

II. Governor in Council empowered to establisk nature of the Baid License; and also (if it be thought fit) that he do make and send in to the and cirse Markets, and to make Regulations and said Colonial Secretary ou the first Day of every Bye-Laws.-All Markets presently established with- Month of the said License, a full and true staten the District of Victor:s shall be subject to this ment in writing of the names and quantities of Ordinance; but it shall be lawful for His Exceileucy Spirituous Liquors prepared, sold, and retailed the Governor in Executive Council from time to by him during the Month then next immediately time to close the same or any of them, and also to establish and continue or cinee any new Market or preceding. "XXX. Penalty_thereof.—If the Holder of Markets within the sad District, and to make such any such Chinese License shall offend against Bye-Laws for the letting of Houses, Shops, Stalis, the tenor thereof, he shall, for the first Offence, or Standings therein, in aug of the mid Markets, be liable to a Fine not exceeding the Sum of hereinbefore specified, and the Durations and Con- One Hundred current Dollars; and for a second ditions of such Lettings, and the Recta to be Offence, to the forfeiture of his said License:"-received for the same, and also for the good govern- And also by re-numbering the remaining Sections ment of the said Markets, the repression or preven- of the same Ordinance, to the end, beginning with tion of Disorder therein, suni tue protection of the Section Twenty-six, which shall be re-numbered Traffic thereof, as to His Excellency in Council Thirty-one, and so on in due arithmetical order: shall seem meet: Yet so as that no such Bye-Laws And sie by inserting in Section Twenty-eight (re-shall be contrary to this Ordinance, or capable of Dumbered Thirty-three), after the words "Two being enforced until the same shall have been in Gallons," the words "or (in the case of a Chinese English and Chinese published in the Hongkong Seller or Retailer) of any quantity of Spirituous Government Gazette, and, for the space of Seven III. No Markét to be deemed established till Liquors." And also by omitting so much of Section consecutive Days, posted in all existing Markets. Thirty-two (re-numbered Thirty-seven) as directs

the recovery of Fines and Penalties before a Ma-Rotified in the Gazette.-No new Market shall be gistrate or Justices; and also by inserting after the deemed to be established until after Notification said last-mentioned Section the several new Sec- made by His said Excellency in Council, in the tions following, to be numbered respectively from Hongkong Government Gazelle, in English and for Public Use. Thirty-eight to Forty, both inclusive; that is to Chinese, that the same is so established and open IV. Prohibition of other Markets. From the my:- “XXXVIII. Billiard Table, Skillles, and passing of the Ordinauce, no Market shall be Ninepin or Bowling Alleys.-No Person shall opened or kept open except under the Provisions keep's Public Biliard Table, Skittle Ground, or of this Ordinance; and every Market which shall Ninepia or Bowling Alley, without having pre- be opened or kept open otherwise than as aforesaid viously obtained a License thereto from the shall, together with the Building or Buildings (if 05) wherein the same sball happen to be holden, Colonial Secretary, which License shall endure for One Year from the Day of its date; and for be deemed a Common Nuisance. V. Buildings in Markas.—No Buildings shall be every such License there shall be paid into the Colonial Treasury, in advance, the Fee of erected, continued, or maintained, in any Market, Lave only Houses with Shops, Stalls, Standings, Seventy-five current Dollars. "XXXIX. Penalty.-Any Person keeping a Houses for Market Porters, and Lan or Entrepots; Table, Ground, or Alley, contrary to Section and the Surveyor General is bereby empowered Thirty-eight, shall be liable, for every such and required to see to the execution of all Laws inge, so far as the same are applicable to the Offence, to pay a Fine not exceeding the Sum of for the time being in force, with respect to Build- Two Hundred current Dollars. “XL Proceedings-All License Fees and In-Buildings cnumerated in the salvo lastly herein- stalments of License Fees payable under this before contained; and all the said Buildings shall Ordinance, and unpaid at the Days or Times be constructed of Stone or Brick, and such of thera appointed for payment thereof, and also all Fines, a are Suops or Stalls shall be fitted with Stone Money Fenalties, and Costs incurred under this or Wood Dressers or Counters, proper for the Ordinance, may be sued for, recovered, and en- purposes of trade, and no Stall shall over a larger forced, according to any Law for the time being jourface than Seven lineal Feet.