724026-1857-GOVERNMENT-NOTIFICATION-NO-124 — Page 3

Government Gazette 政府憲報 轅門報 All

1

.ces.

The Honghong Government Gazette.

[August 15, 1857

Forms of deeds, &c. XXI. Every such Mortgage, and (if transferred) every Transfer thereof, shall be by Deed, and m 10 & 11 Vict. c. 16. respectively be according to the Forms in Schedules B and C to "The Commissioners' Clauses Act, 181; annexed, or to the like effect: And the said Schedules, and also Sections Seventy-eight to Eighty-thr both inclusive, shall be incorporated with this Ordinance, and shall apply to the said Markets, and be constre

Governor as if the following Amendments had been made therein respectively, that is to say, the word “ instead of the word " Commissioners;" the term "Officer having charge of the Land Office and Register Deeds," instead of the term "Clerk to the Commissioners;" and the word "Rents," instead of the wo.. ** Rates."

Penalties for Offen-

1. Against Sections VII & IX.

2. Against Sections X & XII.

3. Against Section XI.

4. Against Sections XIV & XV.

5. Against Section XVI.

6. Against Section XVII.

7. Against Sections XVIII & XIX.

Saving as to Nui-

sances.

Prevention of Cruel- ty to Animals.

XXII. All Violations or Disobediences of, or Defaults in compliance with, the Provisions of the Sections of this Ordinance, next hereinafter specified, shall be heard and determined summarily und Ordinance No. 10 of 1844, and on conviction of such Offences, the respective Offenders shall be sentenc to pay the several Penalties next hereinafter specified.

:

1. For every Offence against Section Seven or Section Nine, a Fine not exceeding Two Hundre Dollars, nor less than One Dollar,-over and above the expenses (in cases of Nuisance) → abating and removing the same. ....

2. For every Offence against Section Ten or Section Twelve, a Fine not exceeding Twenty-filt

Dollars, nor less than Ten Cents.

:

3. For every Offence against Section Eleven, a Fine not exceeding One Hundred Dollars, nor le

than Ten Dollars.

4. For every Offence against Section Fourteen or Section Fifteen, a Fine not exceeding Two Hundre

Dollars, nor less than One Dollar.

5. For every Offence against Section Sixteen, a Fine not exceeding Two Hundred Dollars, nor k than Twenty-five Dollars,-over and above the expenses of the removal of the Food or Catt in question, and also (if the Court shall order the destruction thereof) the expenses of suct destruction.

6. For every Offence against Section Seventeen, a Fine not exceeding Fifty Dollars, nor less than Or

Dollar,

7. For every Offence against Section Eighteen or Section Nineteen, a Fine not exceeding Tr

Hundred Dollars, nor less than Twenty-five Dollars.

XXIII. Nothing in this Ordinance contained shall protect the Occupier of any such Stall or She or the Undertaker of any such Slaughter-house, from an Information or other legal Proceedings for Nuisance, should any such be commenced either at the suit of the Crown or of any private Person.

XXIV. Every Person who shall, from and after the passing of this. Ordinance, cruelly Beat, Ill-tres Overdrive, Abuse, or Torture, or cause or procure to be cruelly beaten, ill-treated, overdriven, abused, tortured, any Animal, or shall convey, or carry, or cause to be conveyed, or carried, in or upon any Vehic Hurdle, or otherwise, any Animal, in such a manner or position as to subject such Animal to unnecessa pain or suffering, shall, for every such offence, Forfeit and Pay a Penalty not exceeding Twenty-five Dollar nor less than One Dollar; and if any Person shall, by cruelly beating, ill-treating, overdriving, abusing, torturing any Animal, do any Damage or Injury to any Animal, or shall thereby cause any Damage? Injury to be done to any Person, or to any Property, every such Offender shall, on conviction of such Offence pay to the Owner of such Animal (if the Offender be not the Owner thereof,) or to the Person who shr sustain Damage or Injury as aforesaid, such Sum by way of compensation, not exceeding the sum of Fi Dollars, as shall be ascertained and determined by the Justice or Justices of the Peace by whom su Person shall have been convicted; or in default thereof, shall be imprisoned for any Term not exceeding 0, Calendar month: Provided always, that the Payment of such Compensation, or any Imprisonment for t nonpayment thereof, shall not prevent, or in any manner affect, the Punishment, to which such Person, or t Owner of such Animal, may be liable, for or in respect of the beating, ill-treating, or abusing of the said Anim ̧ Provided also, that nothing herein contained shall prevent any Proceeding by action against such Offender the Employer of such Offender, where the Amount of Damage or Injury is not sought to be recovere under this Ordinance; and all cases of Violations or Disobediences of, or Claims for Compensation, under th Provisions of this Section, shall be heard and determined summarily under Ordinance No. 10 of 1844. Compensation in XXV. If any Person shall be entitled to any Compensation in respect of any Lands, or of any Intere, cases not provided for therein, which shall have been taken for or injuriously affected by the Works necessary for the establishme by Section VI, to be of the said Markets and Slaughter-houses, and for which satisfaction shall not have been made under th allowed by Justices, Arbitrators, or a Jury, provisions of the Sixth Section of this Ordinance, and if the Compensation claimed in such case she as the case may be.. not exceed the sum of Two hundred Dollars the same shall be settled by Two Justices of the Pea 8 & 9 Vict. cap. 18, in the manner provided by the Twenty-fourth Section of the "Lands' Clauses Consolidation Act, 1845 the several provisions of which Section of the said Act are hereby, for the purposes of this Section incorporated with this Ordinance; and if the Compensation claimed in such case shall exceed the sut of Two hundred Dollars, such Person may have the same settled either by Arbitration or by the Verdi, of a Jury, as he shall think fit; and if such Person desire to have the same settled by Arbitration, shall be lawful for him to give Notice in Writing to the Colonial Secretary, or the Undertaker of sur Slaughter-house as aforesaid, as the case may be, of such his desire, stating in such Notice the Natu of the Interest in such Lands, in respect of which he claims Compensation, and the Amount of th Compensation so claimed thereon, and unless the Parties from whom such Compensation shall claimed be willing to pay the amount of Compensation so claimed, and shall enter into a writte Agreement for that purpose within Twenty-one Days after the receipt of any such Notice from Party so entitled, the same shall be settled by Arbitration in the manner provided by the said "Lant Clauses Consolidation Act, 1845," Sections Twenty-five to Thirty-seven both inclusive, so far as the same s consistent with the Laws, and applicable to the local circumstances of this Colony: the several Provisio of which said several Sections of the said Act are hereby, (so far as aforesaid,) for the purposes of this Sectiv incorporated with this Ordinance; or if the Person so entitled as aforesaid desires to have such question Compensation settled by Jury, it shall be lawful for him to give Notice in Writing as aforesaid of such desire, stating such particulars as aforesaid, and unless the Parties from whom such Compensation shall! claimed be willing to pay the Amount of Compensation so claimed, and enter into a written Agreement ! that purpose, they shall, within Twenty-one Days after the receipt of such Notice, issue their Warrant the Sheriff to Summon a Jury for settling; the same, in the manner provided by the said "Lands' Claus Consolidation Act, 1845," Sections Thirty-eight to Fifty-eight both inclusive, except so far as the s Sections are inconsistent with the Laws of this Colony, touching the Constitution of Juries, the Number Qualifications of the Jurors thereof, and the mode of impanelling the same: the several Provisions of whi said several last-mentioned Sections of the said Act are hereby, (except as last aforesaid,) for the purpos of this Section, incorporated with this Ordinance; and in default thereof, they shall be liable to pay to t Person so entitled as aforesaid the Amount of Compensation so claimed, and the same may be recovered! him with Costs by Action in the Supreme Court.

Interpretation Cattle."

of XXVI. The word "Cattle" in this Ordinance shall include Ram, Ewe, Wether, Lamb, Goat, Kid, ́

Swine, but shall not include Horse, Ass, or Mule.

Moneys to be paid in

Mexican Dollars,

XXVII. All Sums of Money to be paid under, or by virtue of, this Ordinance, or any of its Provisio whether for Rent, Tolls, Taxes, Fees, Fines, or otherwise, are to be paid in Mexican Dollars.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.