XLII
HONGKONG ORDINANCES.
Excelicacy the Governor shall approve of, shall be permitted to form themselves into a Corps for the protection of the Colony of Hongkong, and such Corps shall be called the "Hongkong Volunteers,” and shall continue so formed during the pleasure of His Excelency the Governor; each Volunteers
shall be instructed in the use of the Rifle and in the management of Artillery, and be subject to drill accordingly.
II. Commissioned Officers to be appointed by the Governor. The Governor shall appoint such Com- missioned Officers as to him shall seem proper for such Corps
No. 3.
An Ordinance to authorize His Excellency the Go- veruor by Proclamation to prohibit the Ex- portation of Military Stores and other Articles. (17th March, 1862)
1. Exportation of Military Stores, de., may be prohibited by Proclamation, and forfeiture and mode of seizure for breach of Prohibition.—It shall be lawful for His Excellency the Governor, by and with the Advice of the Executive Council, by Pro
clamation to be published in the Hongkong Go- vernment Goulte or in any Extraordinury Gazette, to prohibit for such Period as shall be when ioned III. Non-Commissioned Officers to be appointed in such Proclamation, either to be exported from by the Commanding Officer.-The Commanding the Colony of Hongkong or to be carried Coast- Officer of the Corps shall appoint the necessary wise within the said Colouy, Arme, Ammunition, non-Commissioned Officers.
any
IV. Commanding Officer to make and alter Rules and Gunpowder, Military and Naval Stores, and Articles which His Excellency may judge for the Corps-The Commanding Officer of the capable of being converted into or made useful in Corps shail, as soon as he conveniently can do so, increasing the quantity of Military or Naval Stores, frame sach Rules as be may deem proper for re- Provisions, or any sort of Victual which may be gulating the period of Enrolment, Aruis, Dress,red as food by man, or any or either of such Arms, Accoutrements, and Equipment, of the said Corps Ammunition, Gunpowder, Stores, Goods or Ar- and of the Members thereof, the Time and Place of ticles, respectively. And in case any such Arins, Drill and Exercise, and all Matters relating to the Ammunition, Gunpowder, Stores, Gooits, or Ar- Enrolment, Efficiency, and Discipline of the said ticles which shall have been so prohibited shail be Corps and of the Members thereof, which Rules may be enforced by reasonable Fines and Penalties for breach thereof; and he shall from Time to Time alter and vary such Rules and Penalties as to bim skall avem fit.
exported from the said Colony or shall be carried Coast wise, or be Water-borne to be so exported or carried, they shall be forfeited and shall vest in Her Majesty, and forthwith thereupon it shall be the duty of the Harbour Master of this Colony by V. Such Rules when confirmed by the Governor to Warrant under his Hand upon bis own View, or have same force as to Members of Corps as if insert- upon an Information made upon Oath before any ed herein.—All Buch Rules and Alterations of Rules Justice of the Peace for the said Colony, to cause shall be submitted from Time to Time to His Ex-all such Goods and Articles su hereinbelore declar cellency the Governor of the said Colony for the ed forfeited to be reized, and to detain the same to time being, and shall not have any force until on-the use of Her Majesty, and to be disposed of as firmed by him; and all such Rules as shall be so His Excellency the Governor shall by order under made or altered, and as shall be so confirmed, shall his Hand and Seal direct.
have the same force for the Regulation of the 11. Harbour Master not to be liable for acts when Members of the said Corps as if the same Rules so confirmed had been inserted in, and bad formed adopted by the Governor.-The Harbour Muster skail not be liable in Damages or otherwise for part of this Ordinance. VI. Fines under such Rules to be recoverable act done by him in pursuance of the Obligation and Duty impused on him by this Ordinance, and before a Police Magistrate.-All Fines inficted un-in case His Excellency the Governor shall direct der or by virtue of any Rule when so confirmed as the Disposition of any Goods or Article which shall aforemid, shall be recoverable and be enforced behave been seized by the said Harbour Master, such fore and by a Police Magistrate in like manner as Direction shall be conclusive Evidence that the act Fines imposed by such Mazistrate are now recover done by the said Harbour Master is within the duty able aud enforceable respectively. Vil. Commanding Officer to admit Volunteers.imposed on the said Harbour Master by this Ordi- After the Pomulgation of suon Rules as aloresaid, the Commanding Officer shall admit Volunteers from time to time and enrol them as Members of the Corps.
Dance.
No. 4.
An Ürdinance to amend Ordinance No. 4 of 1851, and to increase the Jury Panel to Thirty.—[17th March, 1862 ]
VIL. Every Volunteer to take Oath or make Do-
1. Jury Panel to consist of 30 Names.-The claration in form prescribed. – Every Volunteer be- ing a Christian upon being admitted shall sub- number of Persons summoned to serve as Jurore at scribe his Name on the Roll of the said Corps, and escu Criminal Sessions of the Supreme Court shall whall take before & Justice of the Peace an Oathbe Thirty, and their Names shall be drawn from according to the form following :—
No. 5.
the Ballot Box in the manner prescribed in Section Form of Oath,—I, (A.B.) do promise and 6 of Ordinance 4 of 1851. swear that I will be faithful and bear true Al- legiance to Her Majesty Queen Victoria, and that I will faithfully serve in the "Volunteer Force during the Term of my Enrolment : So help me God.
And every Volunteer not being a Christian subali make a Declaration according to the form follow-
ing:---
An Ordinance to amend Ordinance No. 13 of 1860 by sbolishing the Salaries of the Chief Magistrato and Assistant Magistrate, and to make provision for the Salaries of the Judge of the Court of Summary Juriediction and of Two Police Magis- traces.—[17th March, 1862.]
Form of Declaration.—I, (A.B) do solema- ly, sincerely and truly declare that I will be faithful and bear true Allegiance to Her Ma-An jesty Queen Victoria, and that I will faichfully sarve in the "Volunteer Force during the Term
No. C.
Ordinance to abolish the Offices of Chief Magis- trate and Assistant Magistrate, and to appoint and deöne the Duties of Two Police MagistralES, — (228 March, 1862,]
No. 7.
HONGKONG ORDINANCES,
XLIII
where the flusbund shall not be rewident within the An Ordinance to establish a Court of Summary: said Colony of Hongkong. VIII. No Cause of Action to be split.—No Canse Jurisdiction, and to authorize the appointinent of Action or Complaut which shail exist at any of a Judge thereof. — [221 March, 1862)
one Time, amounting in the whole to■ Sum ex- 1. Ordinances No. 9 of 1845, No. 3 of 1849, No. 1 ceeding Five Hundred Dollars as aforesaid, shail 5 of 1854, and No. 10 of 1857. Tepralid.--Ordi- be it or divided so as to be made the ground of nances No. 9 of 1815, No. 3 of 1849, No. 5 of 1854. s or more different Actions or Complainta, in and No. 10 of 1857 are hereby repealed.
order to bring such Cases within the Summary II. Court of Summary Jurudidion constituted.-- Jurisdiction created by this Ordinance; but if the A Court, for the Trial and Decision of Causes in 'Judge of the Court of Summary Jurisdiction Bhall Summary Manuer by the Judge thereof, shall be find that the Plaintif in any Cano shuil lave split and is hereby constituted, which Court shall be his Cause of Action or Complaint ar aforesaid, he called the fourt of Summary Jurisdiction, and the ball dismiss the said Action or Complaint with the ordinary Custs of a Dismissal, without Preju- said Court shall be a Court of Record. III, Summary Jurisdiction of Supreme Court, dice however to the Plaintiff's Right to eut upon transferred.-The Jurisdiction of the Supreme such Cause of Action or Complaint in such other Manner as he may be advised: Provided that if Court in its Summary Jurisdiction shall cease and ! such Plaintif -hull be satisfied to recover a Sum determine, and the same is hereby transferred to the said Court of Summary Jurisdiction hereby not exceeding Five Hundred Dullara, in full of the whole of his Demand, then the said Judge shall constituted.
and may entertain the Complaint of such Plaintiff, IV. Civil Jurisdiction of Magistrates transferred, and in case any Order shall be made in favour of such Plaintiff, the same shall be expressed to be, -The Jurisdiction of the Chief Magistrate and! Assistant Magistrate, or of any Police Magistrate and shall be, in full Discharge of the whole of such and of Justices of the Peace, of a Civil Nature. Demand. IX. Nolice of Action, and Special Defences.- sball cease and deterniine, aud the satne is bereby traublerred to the said Court of Summary Jurisdic Except by consent or by leave of the Court, no tion hereby constituted.
Cause or Matter with the Summary Jurisdiction V. Judge of Court of Summary Jurisdiction to shall be set down for hearing before at least two be appointed. The said Court of Summary Jurisclear days from the service of the Summons where diction shal be holden by and before a Judge the sum claimed shall be mure than Filly Dollars, thereof, to be called the Judge of the Court of nor before twenty-four hours where the sum claim- Summary Jurisdiction of Hongkong, who shall be ed shall be Fifty Dolate or less than tost kum
■ Barrister-at-Law in England or Ireland or »¤¦ Aud, except by cuisent or by leave of the Court, it Advocate in Scotland of not less than Five Years shall not be competent to the Defendant to euter standing; Provided that, in case of the Death, tem into any Special Defence such as “set off,” “ille- porary Illness, or Absence of the said Judge, itgality," "want of consideration," or the "Statale shall be lawful for the Governor to appoint any fit of limitations," unless at least twelve hours' writ- and proper Person_temporarily to discharge the ten notice thereof has been first given to the Plain-
duties of the said Office.
tiff or bis Attorney.
X. Frits of Capias ad Respondendum may be VI. Seal of Court.-The said Court of Summary Jurisdiction shall have and use, as occasion may issued as in "Supreme Court. The Judge of the require, a Seal bearing a Device and Impression of Court of Summary Jurisdiction shall have authori the Royal Arms with the Inscription, Court of ty to issue Weits of Capias ad Respondendum in Summary Jurisdiction.—Hongkong, and every Sum-respect of Claims exceeding Fifty Dollars, and not muns and other Process issued thereout, shall be exceeding Fire Hundred Dollars, and shall have all Buch Powers and Authorities as to such Writs as stamped with such Soal,
:
VII, Jurisdiction of Judge.-The Judge of the before the passing of thus Ordinance were vested in Court of Summary Jurisdiction shall have full the Chief Justice by virtue of Ordinance No. 6 of Power and Authority to hear and determine in 1845, and the Forms of Procedure beretofore in Suromary Way, and without the Intervention of use in the Supreme Court as to such Claime eball be adopted by the Court of Summary Jurie fiction, Jury, all Dispaces and Differences between Party | and Party touching any Matter of Debt, Breach of with such Alterations as the Judge of such Court Covenant or Contract or Promise, injury to the shall deem proper. The Fees of Court and Costs, Person of Property, or other Matter: Provided in respect of such Proceeding, shall be the same that, in all cases respectively, the Debt or Damages as are at present allowed. XI. Costs. It shall be lawful for the Judge of or Balance sought to be recovered shall not exceed the Sum of Five Hundred Dollars, and that the the Court of Summary Jurisdiction to award Costa Matter in question shall not relate to the Title to in all Actious ur Complainte as he may think pro- any Lands, Tenements, or Hereditamenta, nor to per; wid sino to allow such reasonable Sum or the taking of any Duty payable to Her Majesty, Suns of Money for the Attendance and Lm of bor to any Fee of Office or other Matter where Time of Parties and Witresses as he the exid Judge Rights 1 futuro may be bound, nor to any general aball think fit. XII. Pussssion of Tenements not exceeding Five Right or Duty: Provided also, that the said Court shall not have puwer to hear or determine any Hundred Dollars per Annum, recomeralde in the Matter or Question which arose more than Three| Court of Summary Jurisdiction.—If Tenant, dec., Years before the bearing thereof, unless there has neglect to appear or refuse to give possession, Court been some Contracı, Acknowledgment, Undertak-Į may, ok proof of Service of Summons, istue a l'ar- ing, or Promise to pay in respect thereof by the samt to chforce the same -When the Term and In- Party to be charged within Three Years before the tereat of the Tenant of any Lands or Tenements filing of the Plaint: Provided also, that no Party where the Value of the Premises or the Rent pay- shall be precluded or exempted from suing or be able in respect of such Tenancy did not exceed the ing sued in the aforesaid Summary Jurisdiction by annual Value of Five Hundred Dollars, shall have reason of his or her not having attained the full ended as shall have been duly determined by a age of Twenty-one Years or by reason of Coverture¡egal Notice to quil, and if such Touaul or Occupier
No comments yet.
Private notes are available after approval.