705407-1870-GOVERNMENT-NOTIFICATION — Page 7

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382

THE HONGKONG GOVERNMENT GAZETTE, 13TH AUGUST, 1870.1

Production of

Person who shall find the saine or in

Proof of

VIII. When any Person shall die leaving a Will within the Will by any Colony, the Person in whose keeping it shall have been deposited

or who shall find such Will after the Testator's Death, shall

pro- duce and if required shall deliver the same to the Official Admi- whose "kcoping nistrator within Fourteen Days of the Death of the Testator or of it may be. the Time when he shall have had Notice thereof, or from the Time of the finding of the Will, as the Case may be, and any Person who shall fail to comply with the Provisions of this Section shall be guilty of a Misdemeanor and shall be liable upon Summary Conviction thereof, to a Fine not exceeding Five hundred Dollars. IX. Whenever any Person being a Native of China shall die Chinese Law. Intestate leaving Property within the Jurisdiction of the Supreme Court, and it shall be necessary to obtain Proof of the Law of China for the Purpose of regulating the Administration of the Property of such deceased Person according to the Law of his Domicil, it shall be lawful for the Supreme Court, in its Discretion, to receive in Evidence any written Statement of the Law of China, which shall be certified by any British Consul in China under his Official Seal to have been obtained by him from the Chinese Government for the Purposes of such Administration, and with Reference to the Facts of the particular Case under Consideration. X. The Chief Justice may, from Time to Time, frame General frame General Rules or Orders to be approved by the Legislative Council, for the following Purposes, and with the like Approval, may rescind or vary the same:

Power to

Rules and

Orders.

The Rules and

Innd may be adopted in certain Cases.

1. For regulating the Practice and Procedure of the Supreme Court, and the several Forms of Petitions, Orders, and other Proceedings to be used in the Court in its Probate Jurisdiction.

2. For regulating the Duties of the various Officers of the

Supreme Court, in its Probate Jurisdiction.

3. For regulating the Fees payable and the Charges and Costs to be allowed with Respect to all Proceedings before the Supreme Court, in its Probate Jurisdiction.

.4. For regulating the Filing, Custody, and Inspection of Re- cords, and generally for carrying the Provisions of Or- dinance No. 8 of 1860, and of this Ordinance into Effect. XI. If any Case should arise which shall not have been ex- Orders of the pressly provided for by the General Rules or Orders to be made Court of Pron Pursuance of the last preceding Section, but for which Provision Late in Eng- has been made by the Rules or Orders for the Time being in Force, in the Court of Probate in England, the Chief Justice may, in his Discretion, apply to such Case any of such last mentioned Rules and Orders, and until such General Rules and Orders shall have been made as aforesaid, the Chief Justice may direct that the Rules and Orders now in Force in the Court of Probate in Eng- land or any Part thereof, and the Forms of Proceedings in Use therein, or any of them, subject to their Applicability and with such Modifications as the Circumstances require, shall be followed and adopted in the Supreme Court in its Probate Jurisdiction.

Saving of other Reme-

dies, &c., for Offences against this Ordinance.

XII. Nothing herein contained shall affect any other Remedy or Punishment which may now by Law exist for any Act done in Contravention of the Provisions of this Ordinance.

Title.

Preamble.

Short Title.

Interpretation Clause.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Law respecting the Liabilities of Inn- keepers.

W

[

1

1870.]

THEREAS it is expedient to extend to this Colony the Pro- visions of an Act of the Imperial Parliament passed in the Twenty-sixth and Twenty-seventh Years of the Reign of Her Majesty Queen Victoria and entitled "An Act to amend the Law respecting the Liability of Inn-keepers and to prevent certain Frauds upon them:" Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as the "The Innkeepers' Liabi- lity Ordinance, 1870.”

II. In the Interpretation of this Ordinance, the Word"

"Inn" shall mean any Hotel, Inn, Tavern, Public House or other Place of Refreshment, the Keeper of which is now by Law responsible for the Goods and Property of his Guests, and the Word "Inn- keeper" shall mean the Keeper of any such Place and shall include a Public Company.

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