Directory_and_Chronicle_1863 — Page 75

XXXVIII

HONGKONG ORDINANCES.

Magistrate; and the amount thereof may be levied |

No. 18. by distress and sale of the Goods and Chattels of An Ordinance to apply a Sum pot exceeding Sixty. the Offender, or in defaui. of sufficient distress, he, six thousand one hundred Pounds to the Public shall be liable to be imprisoned for any time not Service of the Year 1861.-[17th December. exceeding Three Months.

1860.]

VI. Custody of Bonds.—All Bonds executed under the Provisions of this Ordinance shall within Ten Days after the execution thereof be transmitted to the Colonial Secretary for safe Custody.

No. 17.

An Ordinance to constitute a Board of Examiners for granting Certificates of Competency to Masters and Mates in the Mercantile Marine.- [30th November, 1860, ]

I. Constitution of Board.-There shall be con- stituted & Board of Examiners, to be called "The

Mercantile Marine Examination Board," and such

Board shall sit whensoever the same shall be sum- moned in manner bereinafter in that respect pro-¦ vided, at the Harbour Master's Office, for the pur- pose of examining Candidates for the Post of Master or Mate in the Mercantile Marine. And such Board shall consist of the following Membere, to be appointed from Time to Time by His Excellency the Governor; namely:-the Harbour Master, a Master in the Royal Navy, a Government Marine Surveyor, and two Masters of the Mercantile Marine duly qualified under the Provisions of the "Mer- chant Shipping Act 1854, three of whom shall form a Quorum.

IL Summoning of Board.-Whenever апу Per- son shall be desirous of obtaining a Certificate of Competency as Master or Mate, he shall give Notice in writing to that effect to the Harbour Master, who shall forthwith transmit such Notice to the Colonial Secretary; and, on receipt from him of the names of Persons appointed to act as Examiners, shall sum. mon the other Members of the said Board to attend at the Harbour Master's Office for the purpose of examining such Applicant upon some Day to be named in the Summons (such Day not to be more than Seven Days later than the Day of the date of such Summons ;) and shall also notify the Applicant for Examination to attend accordingly.

No. 19.

An Ordinance to authorize the appropriation of a Supplementary Sum not exceeding Four thou- Band and forty-four Pounde to defray the charges of the Year 1860.-[17th December, 1860.]

1861. No. 1.

An Ordinance for amending Ordinance No. 8 of 1860.-[231 March, 1861.]

No 2.

An Ordinance to apply a Sum not exceeding Sixty- eight thousand one hundred Pounds to the Public Service of the Year 1862-[25th June, 1861.]

An

No. 3.

Ordinance to amend the Course of Proceedure in the Supreme Court of Hongkong in its Equity Jurisdiction, and to enable it to award Damages in certain Cases.-[25th June, 1861.] 1. Power to Court on Equity side to award Dum- ages in certain cases. In all Cases in which the said Court on its Equity side has Jurisdiction to entertain an Application for an Injunction against a Breach of any Covenant, Contract, or Agreement, or against the Commission or Continuance of any wrongful Act, or for the specific Performance of any ful for the same Court, in its Equity Jurisdiction, Covenant, Contract, or Agreement, it shall be law- if it shall think fit, to award Damages to the Party injured, either in addition to or in substitution for such Injunction or specific Performance, and such 1amages may be assessed in such Manner as the Court shall direct.

II. Lamayer may be assessed, or Question of Fact arising in any Just may be tried before the Court self.It shall be lawful for the said Court in ita Equity Jurisdiction, if it shall think fit, to cause the III. Fees to be paid by Applicants.-Every Ap- Amount of such Damages in any Case to be assessed, plicant for Examination for a Certificate of Com- or any Question of Fact arising in any Suit or petency as Master shall upon lodging his Applica Proceeding to be tried by a Special or Common Jury tion pay to the Harbour Master a Fee of Twenty before the Court itself; and the said Court in its current Dollars. And every Applicant for a Cer-Equity Jurisdiction may make all such Rules and Or- tificate of Competency as Mate shall in like manner ders upon the Sheriffor any other Person for procur- pay a Fee of Ten Dollars; and the Harbour Mastering the Attendance of a Special or Common Jury, shall pay over all Monies received on account of for such Assessment of Damages or the Trial of Buch Fees to the Colonial Treasurer for the par- such Question of Fact, as may be made by the said poses of the general Revenue of the Colony.

Court in its Common Law Jurisdiction, and may IV. Feas to Members of Board. To each E1am-also make any other Orders which to the said Court iner, except the Harbour Master, there shall be paid in its Equity Jurisdiction may seem requisite; and a Fae of Five Dollars for each Applicant examined, every each fury shall consist of Persons possessing and such Fee shall be paid by the Colonial Treathe Qualificatione, nai shall be struck, summoned, surer out of the general Revenue of the Colony. ballotted for, and called in like Manner as if such V. Certificates to be given to Applicants who shall Jury were a Jury for the Trial of any Cause in the have passed their examination.—To every Applicant said Court on its Common Law side; and every who shall have passed a satisfactory Examination. Juryman so summoned shall be entitled to the same and shall have given satisfactory evidence of his Rights and subject to the same Duties and Liabili- Sobriety, Experience, and general good Conduct on ties as if he had been duly summoned for the Trial board Ship, a Certificate of Competency signed by of any such Cause in the said Supreme Court in its the Members of the Board who shall have acted as Common Law side; and every Party to any suct Examiners shall be given to the effect, that he is Proceeding shall be entitled to the same Rights a Competent to act as Master, er as First, Second, or oule Mate.

VI. Reports of Examinations to be made to the Board of Trads. Upon the occasion of every such Examination as aforesaid the result thereof shall be reported to the Board of Trade by the Harbour Master.

to challenge and otherwise as if he were a party to any such Cause; and generally for all Purposes of or auxiliary to the Assessment of Damager or the Trial of Questions of Faot by a Jury before the Court itself, and in respect of new Trish, the mid Court in its Equity Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respecta

HONGKONG ORDINANCES.

XXXIX as belong to the mid Court in its Common Law Equity Jurisdiction in respect of the Matters to wines this Ordinance relates, and the Fets and Jurisdiction. IIL Questions ordered to be tried by Jury to he, Allowances in respect to such Matters, shall be reduced into Writing.--Any Question of Fact, and regulated and determmed by and according to the any Question as to the Amount of Damages which Fractice now in forer in the said Supreme Court in shall be so ordered to be tried by a Jury before the its Comutuon Law Jurisdiction or in its Equity Court itself in its Equity Jurisdiction shall be Juradiction, as the cast may be, or as near thereto reduced into Writing in such Form as the Court se the Circumstances of the Case will admit, and shall direct. and at the Trial the Jury shall be in case of Question in any particular Suit or Cause, sworn to try the said Question, and a true Verdict then by the Decision of the said Supreme Court. to give thereon according to the Evidence; and apon, for the purposes, of every such Trial the Court in its Equity Jurisdiction shall have the same An Ordinance to repeal Ordinance No 5 of 1857. Powers, Jurisdiction, and Authority as belong to the said Supreme Court in its Common Law Jurie- diction.

IV. Damages may be assessed, or Questions of Fust tried before the Court itself without a Jury.—It shall also be lawful for the said Court in its Equity cause the Jurisdiction, if it shall think fit, to Amount of such Damages in auy Case to be assessed, | or any Question of Fact orisung in any Suit orj Proceeding to be tried before the Court itself with- out a Jury, and to cause the Evidence ou the Trial

No. 4.

-[ik June, *861.] No. 5.

An Ordinance to authorize the appropriation of & Supplementary Sum not exceeding Twelve thousand and fourteen Pounds to defray the charges of the Year 1861-[24th December, 1861.1

1862. No. 1.

Harbour of Victoria, Hongkong-[221 January, 1862]

I. Orduance No. 11 of 1845 repealed —Ordin. ance No. 11 of 1845 is hereby repiented, except so far as the same repeals No. 19 of 1844.

of that Question to be taken by the oral Examina, An Ordinance for the Regulation and Control of the tion of Witnesses and other Proofs in opeu Court, and by such other Evidence as is now admissible in Proceedings before the said Supreme Court in its; Equity Jurisdiction; and any Question of Fact, an Any Question as to the Amount of Datunges, which

II. Regulations of April 1841 recated-The shall be so ordered to be tried before the Court itself, shall be reduced into Writing in auch Forms Harbour Regulations issued on the 30th day of the Courtsball direct; and the Decision of the Judge April, 1811, under the hand of Charles Ellioz. Her shall be of the same effect as the Verdict of a Jury Majesty's Plenipotentiary, are hereby revoked. under this Ordinance; and the Proceedings upou 111. Vessels to hoist their Nwabers.—Every Master and alter such Trial, as to the Power of the Court. of & Merchant Vessel shal! hoist the Ship's Number the Evidence, and otherwise, shall be the same as on entering the Harbour of Victoris, and shall keep in the Case of Trial by Jury under this Ordinance. such Number Byg until the Ship shall have been V. Where Parties are competent to make Admis- reported at the Harbour Master's Office. IV. Vessels to be reported within 24 Hourt.—Every sions, any Party may call on any other Party in admit Documents. — In any Cuse in which all Parties Master sball, within Twenty-four Hours after arrival to a suit are competent to make Admissions, any within the limits of this Harbour, report the arrival Party may call on any other Party by Notice to of his Snip at the Harbour Master's Office, and in admit any Document, saving all just Exceptions; the case of a British. Femel, or of a Vessel which and in case of Refusal or Neglect to admit, the Cost shall not be represented by a Consul, shall deposit of proving the Document shall be paid by the Parts there the Ship's Articles, List of Passengers, Ship's so neglecting or refusing, whatever the Result of Register, and true Copy of Manifest if required. In the Cause may be, unless the Court shall certify the case of a Foreign Vessel represented by a that the Refusal to adrost was reasonable; and no Consul, the said Papers shall be lodged by the Costs of proving any Document shall be allowed! Mancer at the proper Consulate, under a Penalty unless such Notice be given, except in Cases where not exceeding Two Hundred Dollars on refusal or the Omission to give the Notice is, in the Opinion neglect of the Master so 10 do.

of the Taxing Master, a saving of Expense.

V. Masters and Mates to possess Certificates.--- VI. Hules and Viders how and by whom to be The Name of a Master or First o- only Mate shall made-The Chief Justice of the said Colony may not be attached by the Harbour Master to British from time to time, wake General Rules and Orders Ship's Register or Articles, unless such Master or for carrying the Purposes of this Urd.nance into Mate shall possess a Certificate of Service or Com- effect, and for regulating the Times and Form and! petency. VI, Stamer shall be shipped at the Shipping Mode of Procedure, and generally the Practice of the said Court in respect of the Matters to which office only. --Se Officer, Jeaulan, or other Person this Ordinance relates, and for regulating the Fees and be emped in this Harbour to do duty on and Allowances to all Officers of the said Court and board any Merchant Vessel, except at the Shipping Practitioners therein in respect to such Matters, Office of the Harbour Master, under a Penalty not and so far as may be found expedient for alter exceeding Twenty Dollars for every offence. ing the Course of Proceeding hereinbefore pre- VII. Deaths, Desertions, or Removals to be re- scribed in respect to the Matters to which this ported. In the event of the Death of any of the Ordinance relates, or any of them, and each Rules Crew, Passengere, or other Persons, occurring on and Orders may from time to time be rescinded or board ans Merchant Vessel whilst in the Harbour, altered by the like Authority, and all sucb Rules or in case of the Desertion or Removal of any of and Orders shall take effect as General Urders of the Crew, the Master of such Tessel shall forthwith the said Court.

report the same in writing to the Harbour Master, VII. Practice until Rules and Orders made-under a Penalty not exceeding Twenty-five Dollars Until General Rules and Orders shall be made in for every Death, Desertion, or Removal which he pursuance of the Powers contained in this Ordin. [shall neglect to report. VIII. Seamen to be discharged only by Permis- -ance, the Times and Forms and Mode of Procedure,

and generally the Practice of the said Court in its¦zion of Harbour Master.—No Master of any Ship

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