697183-1874-Victoria-Registration-1874--Draft-Bill- — Page 3

Government Gazette 政府憲報 轅門報 All

THE HONGKONG GOVERNMENT GAZETTE, 12TH DECEMBER, 1874.

meaning of this Ordinance, for any violation of the provisions of Ordinances to the following Ordinances, that is to say:-

No. 11 of 1844,

No. 14 of 1844,

be recoverable from house- holder in cer- tain cases.

No. 10 of 1867,

No. 7 of 1858,*

every such fine or any part thereof, in case the same shall not have been recovered from the actual offender, may be recovered from the householder by action at law or by a summary warrant of dis- tress to issue out of the Court by which such fine shall have been imposed, and to be executed against the goods and chattels of such householder without prejudice to the further power given by sec- tion XIX for the recovery of such fine: Provided always that the amount of every such fine howsoever recovered from every such householder, or voluntarily paid by him, may be recovered by such householder from the offender primarily liable for the same in an action for money paid to his use.

householder

XVIII. Whenever any offence against any of the provisions of Where actual the Ordinances specified in the last section shall have been proved offender can- to have been committed by any person resident in any house but not be found not being the householder and the actual offender cannot be liable to be found or brought to trial, the householder shall be liable to any fined as if ac- fine which might have been imposed upon him in case he had tual offender. been the actual offender: Provided always that the amount of every such fine howsoever recovered from such householder, or voluntarily paid by him, may be recovered by such householder from the actual offender in an action for money paid to his use.

XIX. In the event of any householder failing to pay any fine Power to imposed upon or made recoverable from him under this Ordinance recover fine within ten days from the date of judgment, it shall be lawful for out of rents

and profits of the Court imposing the fine by warrant to direct and authorise a houses. proper officer to take and receive the rent or rents payable to such householder or to any mortgagee in possession in respect of any portions of such house until such fine and the expenses of recovering the same shall have been satisfied, and the receipt of such officer for any such rent or rents shall be a good discharge to the person paying the same as against such householder and all other persons whomsoever, and any balance remaining of any such rent or rents, after satisfying the said fine and the expenses of recovering the same, shall be returned to such householder or mortgagee in possession as the case may be.

XX. In every case where personal service of a Magistrate's Mode of ser- summons against any householder for any offence under this Or- vice of sum- dinance cannot be affected, it shall be sufficient service to affix mons where one copy thereof outside the house in respect of which such vice cannot be offence shall be charged, and to leave another copy thereof at effected. the registered address of such householder, and in case such householder shall not appear according to the exigency of such summons, it shall be lawful for the Magistrate to investigate the charge against such householder in his absence and to deal with the same in every respect as if such householder were present.

XXI. Whenever there shall be several persons "householders" When several within the meaning of this Ordinance in respect of the same building or tenement by reason of being tenants in common or joint tenants, they shall each be equally liable to the provisions of this Ordinance, until the same shall have been complied with by one of them.

Registration of Chinese Shops.

householders.

XXII. A register of all Chinese shops hongs and other A register of

Chinese shops places of business in the Colony shall be kept at the Registrar

and hongs to be kept. General's office in such manner as the Registrar General shall think most convenient for easy reference.

ticulars.

XXIII. Within thirty days after the commencement of this Within thirty Ordinance, the master or manager of every Chinese hop, hong days the master

of every shop or place of business in the Colony shall furnish to the Registrar to furnish par- General the following particulars for entry in the register:

(1.) The name under which the business is to be conducted. (2.) The locality with the name of the street and number of

the house where the business is to be conducted. (3.) The full names and native places of all partners in the business with their several places of residence in the Colony, and elsewhere.

(4.) The full names and native place of the manager, if any,

of the business and his place of residence. Upon any new Chinese shop, hong, or place of business being opened and upon the re-opening of any shop, hong, or place of business by a new firm or partnership, the master or manager of the business shall within thirty days thereafter furnish to the Registrar General the foregoing particulars for entry in the register.

* This Ordinance is incorporated with Ordinance 11 of 1844. Sections 26 to 30 and 38 to 40 of 11 of 1844, are taken from 7 of 1858.

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