711797-1867-HONGKONG-ANNO-TRICESIMO-PRIMO-VICTORIE-REGINE-SIR-RICHARD-GRAVES-MACDONNELL-Knight-C-B--Governor-and-Commander-in-Chief-NO-10-OF-1867- — Page 10

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277

THE HONGKONG GOVERNMENT GAZETTE, 27TH JULY, 1867.

LXXIII. In any Proceeding under this Ordinance every Notice, Order, Certificate, Presumption in favor Copy of Regulations, or other Instrument shall be presumed to have been duly signed by the Person and in the Character by whom and in which it purports to be signed until the contrary is shown.

of authenticity of Signatures, &c.

LXXIV. Every Notice, Order, or other Instrument by this Ordinance required Mode of Service. to be served on a woman shall be served by Delivery thereof to some Person for her at her usual Place of abode or by Delivery thereof to her personally.

Rules for regulating

LXXV. For the purpose of regulating appeals under this Ordinance, the Judge Judge, &c., to frame of the Court of Summary Jurisdiction and the Magistrates respectively shall frame Appoals. Rules, Orders and Forms, and may from time to time amend such Rules, Orders or Forms, and such Rules, Orders and Forms or amended Rules, Orders or Forms certified under the hand of the said Judge or under the hands of the said Magistrates as the case may be shall be submitted to the Legislative Council who may allow, disallow or alter the same.

&c.

LXXVI. Any Action, Plaint or Prosecution against any Person for anything Limitation of Actions, done in pursuance or execution or intended execution of this Ordinance or of any Regulations or Bye-Laws made in pursuance thereof shall be commenced within Three Months after the thing done and not otherwise.

Notice in writing of every such Action or Plaint and of the cause thereof shall be given to the intended Defendant One Month at least before the commencement of the Action or Plaint.

In any such Action or Plaint the Defendant may plead generally or set up by way of Special Defence that the Act complained of was done in pursuance or execution or intended execution of this Ordinance or of any such Regulation or Bye-Law as aforesaid. and give this Ordinance and suc. Regulation or Bye-Law and the special matter in Evidence at any trial to be had thereupon.

The Plaintiff shall not recover if Tender of sufficient amends is made before Action or Plaint brought or if after Action or Plaint brought a sufficient Sum of Money is paid into Court by or on behalf of the Defendant.

If a Verdict passes or Decree is given for the Defendant or the Plaintiff becomes nonsuit or discontinues the action after Issue joined or if on Demurrer or otherwise Judgment is given against the Plaintiff, the Defendant shall recover his full Costs and shall have the like remedy for the same as any Defendant has by Law for Costs in other Cases.

Though a Verdict or Decree is given for the Plaintiff he shall not have costs against the Defendant unless the Judge before whom the Trial is had certifies his approbation of the action or Plaint.

Passed the Legislative Council of Hongkong, this 23rd Day of July, 1867.

L. D'ALMADA E CASTRO,

Clerk of Councils.

SCHEDULES.

(A.)

(Gazette Notice of Appointments.)

"THE CONTAGIOUS DISEASES ORDINANCE, 1867."

His Excellency the Governor has been pleased to appoint [ under the above mentioned Ordinance.

By Order,

Colonial Secretary's Office, Hongkong, [date],

] to be [

Colonial Secretary.

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