666721-1886-Bills-read-Vagrants-Ordinance-Sale-of-Land-by-Auction-Ordinance-Widows-and-Children-Relief-Ordinance-Bills-of-Sale-Ordinance- — Page 2

}

THE HONGKONG GOVERNMENT GAZETTE, 13TH MARCH, 1886.

A BILL

ENTITLED

An Ordinance to amend the Law as to Sales of

WE

Land by Public Auction.

"HEREAS it is desirable to assimilate the law of the Colony to the Law of England relating to the Sale of Land by Public Auction; Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Sale of Land by Auction Ordinance, 1888,"

2. This Ordinance shall commence and take effect on a day to be proclaimed by the Governor.

3. Auctioneer shall mean any Person selling by Public Auction any Land, whether in Lots or otherwise :

Land shall mean any Interest in any Messuages, Lands, or Tenements of whatever Tenure within the

Colony.

4. The Particulars or Conditions of Sale by Auction of any Land shall state whether such Land will be sold with- out Reserve, or subject to a reserved Price, or whether a Right to bid is reserved. If it is stated that such Land will be sold without Reserve, or to that effect, then it shall not be lawful for the Seller to employ any person to bid at such Sale, or for the Auctioneer to take knowingly any Bidding from any such Person.

5. Where any Sale by Auction of Land is declared, either in the Particulars or Conditions of such Sale, to be subject to a Right for the Seller to bid, it shall be lawful for the Seller or any one Person on his Behalf to bid at such Auc- tion in such manner as he may think proper.

6. No opening of the Biddings on any Sale by Auction of Land under or by virtue of any Order of the Supreme Court of Hongkong shall, from and after the commence- ment of this Ordinance, be allowed, and the highest bonâ fide Bidder at such Sale, provided he shall have bid a Sum equal to or higher than the reserved Price (if any), shall be declared and allowed the Purchaser, unless the Court or Judge shall, on the ground of Fraud or improper Conduct in the Management of the Sale, upon the application of any Person interested in the Land (such application to be made to the Court or Judge before the Registrar's Certi- ficate of the result of the Sale shall have become binding), either open the Biddings, holding such Bidder bound by his Bidding, or discharge him from being the Purchaser, and order the Land to be re-sold upon such Terms as to Costs or otherwise as the Court or Judge shall think fit.

7. Except as aforesaid, nothing in this Ordinance con- tained shall affect any Sale of Land made under or by virtue of any Order of the Supreme Court or of any other Court having jurisdiction within the Colony.

Short Title. 130 & 31 V. c. 48, $ 1.1

Commence- ment of Ordinance. [Ibid, § 2.] Interpretation of Terms. [Ibid, § 3]

Rule respecting sales without Reserve. [Ibid, § 4.]

Rule respect- Ing Sale subject to Right of Seller to bid As he may think proper. [Ibid, § 5.]

Practice of opening Biddings, by Order of Court

except on Ground of Fraud to be discontinued [Ibid, § 6.]

Supreme Court, &c. in other respects excepted from Operation of Ordinance. {Ibid, § 7.]

$

A BILL

ENTITLED

An Ordinance for the Relief of Widows and Children of Intestates where the personal estate is of small value.

BE

E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:—

1. This Ordinance may be cited for all purposes as The Widows and Children Relief Ordinance, 1886," and shall be read and construed as one with Ordinances No. 8 of 1860 and any Ordinance amending the same.

2. Where the whole estate and effects of any person dying intestate within the Colony shall not exceed in value the sum of $500 his widow or any one or more of his children or in the case of a widow so dying intestate as aforesaid her children, as the case may be, provided such widow or children respectively are resident within the Colony may apply to the Registrar of the Supreme Court and the said Registrar shall fill up the usual papers required by the Court in its Probate Jurisdiction to lead to a grant of Letters of Administration of the estate and effects of the said intestate and shall swear or declare the applicant and

Short Title.

Application to Bogistrar where Estate does not exceed $500. [36 & 37 V. c. 52, s. 1.] [88 & 39 V. c. 27.]

175