654343-1891-Ordinances-25-and-26-of-1891-Assented-to — Page 51

Government Gazette 政府憲報 轅門報 All

1156

THE HONGKONG GOVT GAZETTE EXTRAORDINARY, 9TH DEC., 1891. -

11. The Appeliant shall then call his witnesses, and having done so, shall state in writing what order he requires the Court to make.

12. After the Appellant has examined all his witnesses, the person representing the Governor and the Complainant may, on cause shown to the satisfaction of the Court, call further witnesses in reply:

13. After all the witnesses have been examined, the Court shall first hear the Appellant, then the Complainant (if any), and after- wards the person representing the Governor.

14. The President may adjourn the Court from time to time and from place to place, as may be most convenient.

15. The President shall deliver the decision of the Court in writing, and the same may be sent or delivered to the respective parties, and it shall not be necessary to hold a Court merely for the purpose of giving the decision.

16. As soon as possible after the Court has come to its decision, the Court shall issue an order for the release or detention (either finally or on condition) of the vessel in the Form No. 3 in Appendix. 17. The President shall report to the Governor in the Form No. 4 in Appendix.

18. The Fees, a table whereof is in Appendix (A), shall be demanded and taken in any proceedings before a Court of Survey.

APPENDIX,

No. 1.-Notice of Appeal. (See s. 14, 1 & 6.)

In the Matter of the Ship

To the Harbour Master of Hongkong.

Take notice that I, [name and address] the Master (or managing owner or owner of

of the Port of

shares] of the Ship

(1.) From the Report of

do appeal,-

the Surveyor appointed by the Governor to survey the said Ship; or

(2.) From a declaration given by

of

a Shipwright, Surveyor or Engineer, [or from the refusal a Shipwright, Surveyor or Engineer to give a declaration], under the provisions of Sub-section of Section 5 of The Merchant Shipping Consolidation Ordinance, 1891, or

(3.) From the refusal of

an Emigration Officer [or as the case may be] to give a Certificate of Clearance under The Chinese Passengers' Act, 1855; or

(4.) From the refusal of

appointed by the Governor under the provisions of Sub- section 4 of Section 5 of The Merchant Shipping Conso- lidation Ordinance, 1891, to give a Certificate that the said Ship is properly provided with Lights and with the means of making Fog Signals.

The address at which all notices and documents may be served by post or otherwise on me is

Dated at

189

this

¿

day of

(To be signed by the Appellant.)

No. 2.-Summons to Court.

The Court of Survey for Hongkong.

In the matter of an Appeal by

from the Report of

appointed by the Governor to survey the

[or as the case may be].

the Surveyor

In pursuance of The Merchant Shipping Consolidation Ordinance

1891, I hereby summon you to attend as

on this Appeal, at

hour of in the

on the

noon.

Dated at Victoria, Hongkong, this

180

day of

at the

day of

Stipendiary Magistrate and President of the Court.

I will attend as summoned.

(Signature of person summoned.)

No. 3.-Order of Court for Release or Detention of Ship.

The Court of Survey for Hongkong.

appointed by the Governor to survey the

In the Matter of an Appeal by

from the Report of

For as the case may bej,

We

the Surveyor

do order

the said Ship to be released or detained (finally or conditionally upon

).

Given under our hands at Victoria, Hongkong, this

day of

189

Members of the Court of Survey.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.