726720-1856-GOVERNMENT-NOTIFICATION — Page 2

The Hongkong Government Gazette.

GOVERNMENT NOTIFICATION.

Diplomatic Department.

His Excellency the Chief Superintendent of Trade, &c., &c., has directed the following Notification, issued by Her Majesty's Consul at Foochow, to be published for general information.

By Order,

Superintendency of Trade, Victoria, Hongkong, 17th March, 1856.

NOTIFICATION,

G. W. CAINE, In the absence of the Secretary to

H. B. M.'s Plenipotentiary.

BRITISH CONSULATE, FOOCHOW, 6th March, 1856.

In pursuance of a communication received by Her Majesty's Consul from the Chinese Superintendent of Customs, it is hereby notified, that a new Examining Station has been established at Simpoo (half-way between Foochow and Pagoda Island anchorage,) where from and after to-morrow, the 7th instant, all Boats carrying Export Merchandize will be required to call for the purpose of shewing Permits of the [accompanying] form, which will be issued to all goods after examination at the Bridge Custom House. But it is distinctly understood, that no Fees or Exactions of any kind are to be levied at the said Station, and the Revenue Officers have been particularly enjoined not to subject any Boats to unnecessary detention or delay.

W. H. MEDHURST,

Consul.

(Signed)

THE BRITISH COMMUNITY,

Foo-chow.

True Copy,

G. W. CAINE.

for 1 the

swe:

Ord

this

in (

Title.

Preamble.

HONGKONG

ANNO DECIMO NONO VICTORIÆ REGINÆ.

No. 5 of 1856.

By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in Chief of the Colony of Hongkong and its Dependencies, and Vice Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

An Ordinance for the Amendment of Procedure in Civil and Criminal Cases.

[17th March, 1856.] WHEREAS important Reforms have been introduced into the Laws of the United Kingdom, with a view of cheapening, simplifying, and expediting the administration of Justice, and it is expedient and desirable that this Colony should as far as possible have the benefit of these reforms: Be it therefore enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:- Extension of portions I. Sections XVII, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXIX, XXX, XLII, XLIII, and of Ordinance No. 6 of XCII, of Ordinance 19 Victoria, No. 6 of 1855, shall apply to Criminal Procedure equally as to Civil; and 1855 to Criminal cases where any of the Enactments contained in the Common Law Procedure Acts of 1852 and 1854, or in any Rules or Orders hereby respectively extended to Hongkong, relate to Amendment of Pleadings or to Evi dence, the same shall be interpreted to apply to Criminal Procedure equally as to Civil.

Extension to this Co- II. Subject to the provisions of this present Ordinance, which shall be read with and as forming part of lony of certain Enact- the said Ordinance No. 6 of 1855, such and so many of the Enactments of the Imperial Parliament as are ments and Statutory specified in Schedule A, to this Ordinance annexed, and also such and so many of the Rules or Orders made Rules for amending the Pleading and Prac by the Judges of the Superior Courts of Common Law at Westminster under Statutory Authority for tice of the Courts at regulating Practice and Pleading in the said Courts as are specified in Schedule B, to this Ordinance also

Westminster.

Testo and date of Writs.

Unsworn declara-

annexed, shall, from and after the passing of this Ordinance (but so far only as in the said Schedules respec tively are specified,) extend to and have force within this Colony: And all Powers and Duties thereby res pectively conferred or imposed upon any Judges of the said Superior Courts, any Masters thereof, and any Sheriffs, Gaolers, Officers, or others owing obedience to any of the said Courts, shall respectively devolve upon and be exercised or performed by the Supreme Court of this Colony, the Registrar of the said Court, and the Sheriff of this Colony, and all Gaolers, Officers, or others within the same, according to their several and respective Jurisdictions and Authorities in the premises respectively.

III. All Writs whatsoever shall be tested and bear date the respective days whereon the same shall happen to be sued out.

IV. Every Court, Magistrate, Commissioner, or Officer qualified to take Affidavits or Depositions in tions of Witnesses, &c. any matter, Civil or Criminal, where any person competent to give evidence or make affidavit therein shall

Shipowners' sibility Clauses.

respon

refuse to be sworn thereto, may, at his discretion, permit him or her to make an unsworn Declaration or Statement of his or her Testimony in the said matter, which said Declaration or Statement shall thenceforth have the same force and effect in all respects as his or her Deposition or Affidavit (as the case may be) to the like purport, if sworn to in the usual way, would have had: But no such permission shall be granted to any person who shall not have been first, by the said Court, Magistrate, Commissioner, or Officer, duly warned to speak the Truth, and informed of the Penalties which he or she will incur by making a False Declaration or Statement under this Ordinance; and further, who shall not (unless he or she shall happen to be a Heathen) have first satisfied the said Court, Magistrate, Commissioner, or Officer, that his or her Objection to take the Oath proceeds from a Religious or Conscientious Belief that the taking of an Oath is unlawful.

V. All proceedings in cases within the meaning of Section DXIV of the "Merchant Shipping Act 1854," and of any Enactments passed or to be passed for amending the same, shall be by summary applica tion to the Supreme Court on the Common Law side, and by way of Motion supported by Affidavit; and the said Court shall, if it deem meet, by Rule or Order give such Relief as by the said Section such competent Court as in the said Act is mentioned bath power to give.

any

Further extension of VI. In like manner, any party to an Action may, upon his or her summary application to the said Court, the Equitable Juris obtain, in the cases specified in the hereby extended Enactments of the "Common Law Procedure Act 1852," diction of the Common or in the said Ordinance No. 6 of 1855, any such Writs of Injunction or other equitable Relief as therein Law side of the Su- expressed: And no such party shall be obliged to have recourse for such relief to the Equity side of the preme Court.

actual said Court by bill or otherwise.

VII. It shall be lawful for the said Court to order to be struck out of any Pleadings at Law, upon such table Defences. terms as to the said Court shall seem meet, any equitable Plea or equitable Replication which doth not

appear to disclose a good Defence upon the Merits either at Law or in Equity. Payment of money VIII. Payment of Money by a Defendant into Court shall in no case soever be deemed an Admission of sion of cause of Action. any of the causes for which such Action may have been brought.

Striking out of Equi-

into Court no Admis-

N

Te

Te

야료

I

8