636157-1897-Ordinances-Nos-8-and-9-assented-to — Page 9

THE HONGKONG GOVERNMENT GAZETTE, 12TH JUNE, 1897.

Ordinance repealed by this Ordinance shall have the same powers, duties and privileges as if appointed under this Ordinance.

36. In any proceeding under this Ordinance, every Presumption notice, order, copy of regulations, or other instrument shall in respect of be presumed to have been duly signed by the person by signatures to whom and in the character in which it purports to be signed until the contrary is shown.

notices.

37. (1.) Any suit or prosecution against any person for Limitations anything done in pursuance or execution or intended execu- of suits and tion of this Ordinance or of any Ordinance repealed by this prosecutions. Ordinance or of any rules or regulations made in pursuance thereof, shall be commenced within three months after the thing done and not otherwise.

(2.) Notice in writing of any suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the suit.

(3.) In any such suit the defendant may plead generally or set up by way of special defence that the act complained of was done in pursuance or excention or intended exécution of this or of such repealed Ordinance or of any such rules or regulations as aforesaid and may give this Ordinance and such rules or regulations and the special matter in evidence at any trial to be had thereupon.

(4.) The plaintiff shall not recover if tender of sufficient amends is made before suit brought or if, after suit brought, a sufficient sum of money is paid into Court by or on behalf of the defendant.

(5.) If a verdiet passes or a decree is given for the defendant, or if the plaintiff becomes non-suit or discontinues the suit, or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases,

(6.) Though a verdict passes or a deeree is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approba- tion of the suit.

38. (1.) The Governor in Council may make rules and Power to make regulations for and in respect of all or any of the following rules and purposes or matters :-

(4.) The care, maintenance, and cjlucation of women and

girls detained under Part 11 of this Ordinance; (5.) The manner and conditions in and under which the powers conferred by this Ordinance shall be exercised by the persons on whom such powers are conferred; and

(.) Generally in relation to any matters, whether similar or not to those hereinbefore mentioned, as to which it may be expedient to make rules for carrying into effect the objects of this Ordinauce.

(2.) Such rules or regulations shail take effect at the expiration of seven days after the publication thereof in the Gazette and a copy of the Gazette containing such publica- tion shall be conclusive evidence of the due making and tenor of such rules or regulations.

(3.) Every person who disobeys or infringes any of such rules or regulations shall be guilty of an offence against this Ordinance and upon summary conviction shall be liable to a penalty not exceeding fifty dollars or to imprisonment with or without hard labour for any term not exceeding one month or to both penalty and imprisonment.

(4.) Unless und until rules and regulations are made under this Ordinance, the rules and regulations made under any Ordinance repealed by this Ordinance shall continue to be as valid as if made and gazetted under this Ordinance, and any references in such rules and regulations to Ordinances, sections, or enactments repealed by this Ordinance shall be taken to apply to this Ordinance and the corresponding sections or enactments of this Ordinance,

regulations.

39. (1.) The Ordinances mentioned in the Second Sche- Repeal. dule to this Ordinance are hereby repealed to the extent mentioned in the third column of that Schedule.

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