711479-1867-GOVERNMENT-NOTIFICATION — Page 1

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Definition of Expres- sion * District of

Victoria" inOrdinance No. 9 of 1858.

Ordinance No. 9 of

THE HONGKong governMENT GAZETTE, 25TH MAY, 1867.

VIII. The Expression "District of Victoria" in Ordinance No. 9 of 1858 shall mean the Nine Districts of the City of Victoria established and defined by Section III of the "Victoria Registration Ordinance 1866" and shall extend to and include such other Localities in the Colony as the Governor in Council may from time to time direct and as shall be signified by Proclamation under the hand of the Governor.

IX. This Ordinance and so much of Ordinance No. 9 of 1858 as is not hereby with this Ordinance. repealed, shall be construed together and for all requisite purposes shall be deemed and

1858 to be construed

When to come into operation.

taken as One Ordinance.

X. This Ordinance shall commence and take effect on such Day as shall hereafter be fixed by Proclamation under the hand of the Governor.

Passed the Legislative Council of Hongkong, this 22nd Day of May, 1867. L. D'ALMADA E CASTRO,

Clerk of Councils.

GOVERNMENT NOTIFICATION.

The following Bills, which were read a first time at a Meeting of the Legislative Council held on the 15th Instant, are published for general information.

By Order,

L. D'ALMADA E CASTRO, Clerk of Councils.

Council Chamber, Hongkong, 23rd May, 1867.

Title.

Preamble.

The advance of money on contract to receive

a share of profits not

to constitute the lender a Partner.

The remuneration of

Arents, &c., by share.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to amend the Law of Partnership.

Whereas it is expedient to extend to this Colony the Provisions of an Act of the Imperial Parliament passed in the 28th and 29th Years of the Reign of Her Majesty Queen Victoria intituled "An Act to amend the Law of Partnership:" Be it therefore enacted and ordained by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

in

any

I. The advance of money by way of Loan to a Person engaged or about to engage Trade or Undertaking upon a contract in writing with such Person that the Lender shall receive a rate of interest varying with the profits, or shall receive a share of the profits arising from carrying on such Trade or Undertaking, shall not, of itself, constitute the Lender a Partner with the Person or the Persons carrying on such Trade or Undertaking or render him responsible as such.

II. No contract for the remuneration of a Servant or Agent of any Person engaged of proftis not to make in any Trade or Undertaking by a share of the profits of such Trade or Undertaking shall, of itself, render such Servant or Agent responsible as a Partner therein, nor give him the rights of a Partner.

them Partners.

Certain Annuitants not to be deemed

Parta:.5.

Receist of profits in consideration of sale of goodwill not to make the Seller a Partner.

In case of Bankruptcy, &c., Lender not to rank with other Creditors.

Interpretation of "Person."

III. No Person being the widow or child of the deceased Partner of a Trader, and receiving by way of annuity a portion of the profits made by such Trader in his business, shall, by reason only of such receipt, be deemed to be a Partner of or to be subject to any liabilities incurred by such Trader.

IV. No Person receiving by way of annuity or otherwise a portion of the profits of any business, in consideration of the sale by him of the goodwill of such business, shall, by reason only of such receipt, be deemed to be a Partner of or be subject to the liabilities of the Person carrying on such business.

V. In the event of any such Tråder as aforesaid being adjudged a Bankrupt, or entering into an arrangement to pay his Creditors less than the full amount of their respective claims or dying in insolvent circumstances, the Lender of any such Loan as aforesaid shall not be entitled to recover any portion of his principal or of the profits or interest payable in respect of such Loan, nor shall any such Vendor of a goodwill as aforesaid be entitled to recover any such profits as aforesaid until the claims of the other Creditors of the said Trader for valuable consideration in money or money's worth have been satisfied.

VI. In the construction of this Ordinance the word "Person" shall include a Partnership Firm, a Joint Stock Company, and a Corporation.