726927-1856-HONGKONG-ANNO-DECIMO-NONO-VICTORIE-REGINE-NO-OF-1856- — Page 3

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The Hongkong Goverùment: Cazette.

Nuisances punish-

VI. The Offences next hereinafter specified shall be deemed to be Nuisances within the meaning of all 54, at any time in force within this Colony, for the better repression of Nuisances, save that it shall be able, at the discretion stud in any case for the Court or Justices before whom any person shall be found guilty of any such offence, of the Court, by whip-

eu of all other punishment for the same, to order him for every such offence to be once or oftener Pub-ping.

Whipped, yet so as that in no case any such Offender shall receive in the whole for any such offence re than Fifty or less than Ten Blows, that is to say,-

Injury to Trees,

1. The Felling, Cutting, Destroying or Injuring of any standing or growing Tree, Shrub, or Under-

wood, any Grass-sod or Turf, or any Fence or Portion thereof (except in cases where any such Shrubs, Turf, or F'en- offence shall be proved to have been committed with a felonious intention,)

ces.

Injury or Obstruc- 2. The doing any act whereby Injury or Obstruction, whether directly or consequentially, may accrue

to a Public Road, Path, or Walk, or to the Shore of the Sea or to Navigation, Mooring, or Auchor- tion to Ways, Seashore, age, Transit or Traffic, or whereby any other Nuisance within the meaning of Ordinance No. 8 of Navigation, c. 1856, Sections Fourteen, Fifteen, and Sixteen, whether directly or consequentially, may happen.

3. The trespassing, by Man or Beast, upon or in any Messuage, Tenement, Cemetery, or Land being Trespass on Public..

vested in or under the control or management of any Public Officer, or Department whatsoever. Lands, &c.

And 4. The obeying the calls of nature on any Way or in any public exposed or other improper Indecency.

Place, to the annoyance of others.

VII. Upon proof made to the satisfaction of the Court or Justices that a person accused of any Nuisance Extension of penal- Ofence under this Ordinance, or any of the said enumerated Ordinances, is in fact guilty of having pro- ties to Accessaries..

d, permitted, connived at, or continued any such Nuisance or Offence, or of having neglected or refused perform any Duty cast upon him by Law for the prevention or repression of the same, the said Court or tices shall find the said person guilty of the said Nuisance or Offence, and shall award against him the

kty or

Vier punishment to which persons guilty of the said Nuisance or Offence are or shall be liable.

Ordinance shall be read together with the Ordinances enumerated in Section One, and shall

incorporated therewith.

IX. New Penalties or Punishments hereby provided for Offences within the scope and meaning of the !numerated Ordinances, shall be deemed pro tanto to have superseded the Penalties or Punishments in at behalf by the said Ordinances respectively provided.

rination

Incorporation with former Ordinances.

Substitution of pe- nalties.

X. All summary proceedings under this Ordinance, or the said enumerated Ordinances, (except pro- Except in case of lings under Ordinance No. 8 of 1856, Sections Two to Nine, both inclusive) may he had upon the illegal works, &c., any

·Complainant may be of any Complainant: But the disposal of Materials of Nuisances, of Building Materials, and of heard. i tasils under Sections Seventeen and Nineteen of the last-mentioned Ordinance, shall be at the absolute

scretion of the Surveyor General.

XI. The Court, or Justices before whom any proceedings whatsoever shall be had under this Costs may be given. **nance or the said enumerated Ordinances, may award Costs and Expenses to be paid by any Offender an conviction, and to enforce payment thereof by any of the ways and means prescribed by Ordinance

* of 1856.

1

in

XII. All Nuisances prohibited by the Laws for the time being in force within England, are equally English Law of Nai- probited within this Colony, and may be abated and punished according to the Provisions of this Ordinance ances to come in force

within this Colony, d the said enumerated Ordinances; but notwithstanding this or any other Ordinance against Nuisances force or hereafter to come in force, all Remedies compatible therewith for the Prevention, Abatement, Punishment of, or the Compensation for, Nuisances which are or shall be at any time in force within England, al, until express Provision be made to the contrary, extend to and be enforced within this Colony liker ise. XIII. Such of the Orders and Regulations of the General Board of Health established in London under athority of the Acts of Parliament for the Protection of the Public Health, or any of them, as shall be a time to time by the Governor in Executive Council determined and notified, with such Modifications #reat respectively as His Excellency in Council shall think fit to adopt, shall for such time and to such stent or with such modifications as shall be so notified, extend to and be enforced within this Colony under The authority of this Ordinance.

Orders, &c., of the Board of Health.

XIV. Nothing contained in this Ordinance, or in any of the Ordinances therewith incorporated, shall, Saving as to Acts operate to the Restraint or Punishment of any Act or thing done under Lawful Authority or sanctioned by Lawful Authority. the same, yet so as that in every case the Proof of such Lawful Authority shall lie upon the person alleging

**sme.

HONGKONG.

ANNO DECIMO NONO VICTORIE REGINE..

No. of 1856.

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

An Ordinance for the Admission of Candidates to the Rolls of Practitioners in the Supreme Court.

[ May, 1856.] Whereas by Ordinance No. 6 of 1815, any Person soever who shall have served for a period of Three as an Articled Clerk to any Solicitor, Attorney, or Proctor, actually practising as such within this Army, or who shall have been admitted as a Solicitor, Attorney, or Proctor, in any other British Colony, alified to be approved, admitted, and enrolled by the Supreme Court to practise as a Solicitor, Ritorney, and Proctor in the said Court, and that as fully and freely as if he had been duly admitted as a Actor, Attorney, Writer, or Proctor in the several Courts of Great Britain and Ireland respectively: whereas no provision hath been made for the examination of the said persons before such approval, sion, and enrolment: And whereas it is expedient to make provision in that behalf, and also to extend benefit of the said recited provisions to other duly qualified Persons who shall be so found by the Aprons conducting such examination: Be it therefore enacted and ordained by His Excellency the Saturnor of Hongkong, with the advice of the Legislative Council thereof, in manner following, that is to

done or sanctioned by

Title.

Preamble.

1. From and after the passing of this Ordinance, any Person who shall have actually and bona fide Qualifications of Can. * for the period of Three Years or upwards (whether computed from any time previous or from any didates.

subsequent to the passing of this Ordinance,) as Registrar, Deputy Registrar, Clerk of the Supreme for a Judge thereof, Clerk to the Attorney-General, or Interpreter to the said Court, or as a Clerk of Peace, or as an Articled Clerk to any actually practising Attorney, Solicitor, or Proctor of the said Court, any portion of the said period in one or more of the said capacities, and for the residue thereof in other or others of them, or who shall have been duly admitted as an Attorney, Solicitor, or Proctor **other of Her Majesty's Colonies, shall be eligible for admission to practise as an Attorney, Solicitor,

Frector of the said Supreme Court, but only upon the Conditions hereinafter specified.