716975-1864-GOVERNMENT-NOTIFICATION-NO-141 — Page 1

THE HONGKong government GAZETTE, 3RD SEPTEMBER, 1864. 317

Returned for insertion of order for Costs, by order of His Excellency the Governor.

(Signed,)

W. T. MERCER, Colonial Secretary.

27/8/64.

Costs of the Court amounting to $525 to be paid by the applicants for the Investigation.

(Signed,)

11

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11

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C. MAY,

1st Police Magistrate.

H. G. THOMSETT, R. N.,

Harbour Master, &c.

J. C. BALDWIN,

Non-Official Justice of the Peace.

G. H. HEATON,

Government Marine Surveyor.

JOHN TOWNsend,

Dbsent.]

Returned for particulars of Costs, by order of His Excellency the Governor.

(Signed,) W. T. MERCER, Colonial Secretary. 30/8/64.

Court decided that the three non-Official Members should be paid at the rate of $15 each per diem.

J. C. Baldwin sat 6 days, .

G. H. Heaton 14

John Townsend 15

"}

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$ 90.00

210.00

225.00

Total,.

$525.00

(Signed,)

H. G. THOMSETT,

Harbour Master.

30/8/64.

The proceedings and sentence of the Court in this case confirmed and approved, with the exception of the Order for Costs which is disallowed because :-

1st. In a case of this description the legitimate Costs, if any, should be recovered, in manner prescribed in the Ordinance No. 11 of 1860, from the person or persons against whom misconduct has been established, and not from the aggrieved parties who have substantiated their complaint.

2ndly. The Costs awarded in this case, being composed exclusively of sums voted by the Court to certain of the Members constituting it, are in my opinion not legitimate. Such a proceeding as Judges ordering, under the head of Costs, payment to themselves is, I believe, unprecedented.

In this case it is clearly contrary to the intention of the Legislature as, if it had been intended that the Members of Courts of Inquiry should be remunerated for their labours, the amount would not have been left to the decision of the persons interested, but would have been distinctly specified in the Ordinance establishing Courts of Enquiry, in the same manner as in Ordinance No. 17 of 1860 constituting a Board of Examiners for granting Certificates of Competency to Masters and Mates in the Mercantile Marine.

(Signed,)

HERCULES G. R. ROBINSON, Governor and Commander-in-Chief.

Hongkong, 30th August, 1864.

No. 141.

GOVERNMENT NOTIFICATION.

The following Return of Notes in Circulation and Specie in Reserve at the Bank of the ORIental BANK CORPORATION, in Hongkong, is published for general information.

By Order,

Colonial Secretary's Office, Hongkong, 3rd September, 1864.

W. T. MERCER, Colonial Secretary.

Account of the average amount of Notes in Circulation at the Bank of the Oriental Bank Corporation in Hongkong for the month ending 31st August, 1864, rendered in accordance with the terms of Her Majesty's Royal Charter of Incorporation.

NOTES ISSUED,.

SPECIE IN RESERVE,.

$783,063. $300,000.

WM. LAMOND, Manager.

Oriental Bank Corporation, Hongkong, 1st September, 1864.

I hereby certify that I this day inspected the Books and Treasure of the Oriental Bank Corporation, and found the necessary amount of Specie as required by the Royal Charter.

A. F. ALVES,

Accountant.

Victoria, Hongkong, 3rd September, 1864.

FRED. FORTH,

Colonial Treasurer.