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The Wongkong Government Gazette.
5
Artions of ejectinent
Arteries tieneral may lawfully institute and prosecute in his own nanie an Action of Ejectment
to the Crown any Lands, Tenements or Hereditaments claimed by the Crown and whereof for Crown lands, &e., in retual possession.
may be brought by the Penalties of wilful and corrupt Perjury shall be incurred by any person who shall falsely Attorney General,
False Testimony. or with or without oath falsely affirm or state, any matter of Evidence under this or any other
Court of Error and
til a Court of Error and Appeal shall be constituted in this Colony, so much of Schedule A to price as relates thereto may be so far as practicable taken advantage of by appeal to Her Majesty Appeal.
zened the Legislative Council of Hongkong,
this 17th Day of March, 1856.
L D'ALMADA e Castro, Clerk of Councils.
JOHN BOWRING.
SCHEDULE A (ACTS OF PARLIAMENT) TO WHICH THis Ordinance REFERS.
The6i.
Tille or Subject matter of Act. Proceedings in Mandamus,
444 Vies & 76.
巍
** Vet, c. 30,
* Vesc 83.
Acc. 36.
*FAG 90.
1st. c. 123,
# & 19 Vat. e. 67.
ch, 1856
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Authority Ordinanc edules res s thereby ereof, and tively den
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The whole Act.
How much of the Act is hereby extended to (his Colony
The following Sections of the Act, viz:-The Sections numbered consecutively from II to XXII, both inclusive: Section XXIII (except those words in the said Section "providing it purport to be signed by such Consul General, Vice-Consul, or Consular
• Agent, upon proof of the official Character and Signature of the person appearing to "have signed the same.") The Sections numbered consecutively from XXIV to LXX, The Common Law Procedure Act, 1852. ↑ both inclusive (except the exception in Section LXX contained.) The Sections num-
Aggravated Assaults.
The Ecidence Amendment Act, 1853. Secret Bills of Sale,
Usury and Annuities' Laws Repeal.
bered consecutively from LXX to CVI, both inclusive; from CXIII to CXX, both in- clusive; from CXXIII to CXXVII, both inclusive, and from CXLVI to CCXXVI, Loth inclusive. And also Schedules A, & B, referred to in the said Act, and thereto Lannexed.
The whole Act, except Section X.
The whole of the Act, except Section VI.
The whole of the Act, except Section VIII.
The whole of the Act, and the Schedule thereto annexed, and therein referred to. The following Sections of the Act, viz:-Sections XXXII, XXXIV, XXXV, The Common Law Procedure Act,1854 { XLIII, XLV, LXXV, LXXVI, LXXVII, XC, XCI, XCVI, XCVII, XCVIII,
and CVI.
The Sections of the Act numbered consecutively from I to VII, both inclusive (except so far as Section VII may operate to incorporate therewith such portions of the Summary Procedure on Bills of Exchange. † Common Law Procedure Act, 1852,” and “the Common Law Procedure Act, 1854," as are not extended to Hongkong; or such of the Rules made under the said Acts Lrespectively as are not specified in Schedule B to this Ordinance annexed.)
SCHEDULE B. (RULES AND ORDERS) TO WHICH THIS ORDINANCE REFERS.
Subject Matter of the Rules or Orders.
Bow much of the Rules or Orders are hereby cætended to this Colony, The Rules or Orders numbered consecutively from II to VIII, both inclusive; and from X to XLII, both inclusive; Rule XLVIII; The Rules numbered consecutively Practice of the Common Law Courts of“] from L to LXXIII, both inclusive; from LXXVII to XCIV, both inclusive; from
Westminster
Pleadings in the Common Law Courts of Westminster.
XCVT to CXLII, both inclusive; from: CXLVI to CLXIV, both inclusive; from CLXVI to CLXXII, both inclusive; CLXXIV and CLXXVI; And also the “ Fornis (of Proceedings,” or Schedule of Forms therein referred to, and thereunto annexed.
The whole of the said Rules or Orders.
K
The whole of the said Rules; and also so much of the "Forms of Proceedings " and Practice in the Common Law Courts of Schedule" therein referred to and thereunto annexed, as were not extended to this
Colony by the Ordinance, 19 Vict: No. 6 of 1855.
Westminster.
HONGKONG.
ANNO DECIMO NONO VICTORIA REGINE.
No. 6 of 1856.
His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the *** of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary Chef Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative **df Hongkong.
17
An Ordinance to extend the Criminal Procedure Ordinance, No. 4 of 1852.
[17th March, 1856.] Whereas it is expedient to extend the operation of Ordinance No. 4 of 1952: Be it enacted and His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, water following:
Title
Preamble.
3. Is every Information for Robbery, it shall be sufficient to charge that the Defendant did feloniously Abbreviation of forms.
Party injured; and in every Information for an Assault with intent to rob, to charge that the east did feloniously make an Assault with intent to rob the Party injured; and in every Information for manding. Property with Menaces or by Force with intent to steal the same, to charge that the Defendant ly attempt with Menaces or by Force or with Menaces and Force (as the case may be) to rob
Kenyagjured.
all Informations for Burglary, stealing in a Dwelling House, or breaking and entering and stealing The term Dwelling Warchouse, or Counting House, or a Building within the Curtilage of a Dwelling House, it shall House, &c., shall be a to describe the place wherein the offence is charged to have been committed as a Dwelling sufficient description Men Warehouse, Counting House, or Building within a Curtilage (as the case may be), without in cases of Burglary, Cheng the Occupant or Owner thereof.
&c.
upon any Trial for either of the said Offences enumerated, in the Section next immediately Persons charged with ing the Facts proved in evidence shall authorise a conviction for some other or others of the said Burglary, &c., may be and not the offence wherewith the Defendant is charged, the Jury shall return against him a convicted of House-
tity of the said other offence or offences, and thereupon he shall be punished as if he had been breaking, &c. des an Information charging him with such offence or offences; and he shall not be afterwards nerd for the offence whereof he is so found guilty.
Alters and Abettors may be charged in any Information for Felony as Principals in the first degree, Aiders and Abettors *iate the punishment of such Aiders or Abettors as appointed by law is different from the punishment may be charged as
#pointed for Principals; but no Aider or Abetter shall, merely by reason of being convicted upon Principals.
* charge, be subject to any greater or other punishment than is or shall be by law appointed.
2y Information for Felony or Misdemeanor, persons charged as Principals shall, if the Facts Persons charged as evidence at their trial amount to Proof that they were Accessories before or after the fact to such Principals may be con 3 ar Mademeanor, but not Principals therein, be convicted as Accessories accordingly, and shall there- victed as Accessories.
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