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THE FRIEND OF CHINA AND HONGKONG GAZETTE. SUPPLEMENT To No. 113.

GOVERNMENT NOTIFICATION, The following Ordinances are publishod for General information.

By Order,

RICHARD WOOSNAM.

Government House, Victoria, Hongkong, 7th March, 1844,

An Ordinance for Her Majesty's sub- jects within the dominions of the Emperor of China or within any Ship or Vessel ni a distance of not more than one hundred miles from the Coast of China.

Anno Sexto et Septimo Victoria Regina

No. 2 of 1844.

By His Excellency Sir Henry Pot- tinger Baronet Knight Grand Cross of the most Honorable Order of the Bath Major General in the service of the East India Company Governor and Comman- der in Chief of the Colony of Hongkong. and its Dependencies and Superintendent of the Trade of Her Majesty a subjects in

China with the advice of the Legis- lative Council of Hong konge

An Ordinance to give Judicial thority to Her Majesty a Consuls within the dominious of the Emperor of China. 25th February, 1544) Whereas a certam Ordinance was pass od by His Excellency

nor of Hongkong and Superin dent of the. Trade of Her Majesty a subjects

with the advice of the Last

of Hongkong in the

China

the Reign of Her present Majesty Queen

Victoria intituled an or

render Her Majesty

Lominions of the

પિયજ્ઞ નું વન

emperor of Chi."

na or within any Ship or Vessel at a " distance of not more than one hundred " miles from the. Coast of China subject in all matters to the Law of England “and to extend the jurisdiction of the "

Courts of Justice at Hongkong over 2.. "the same "

And whereas to carry the said recit ed Ordinance into effect it is expedient to invest Her Majesty's Consuls in China, with judicial Authority,

Consuls to 1. Be it therefore enacted by His Ex. have the same cellency the Governor of Hongkong and judicial autho rity as Courts Superintendent of the Trade of Her Ma at Hongkong, jesty's subjects in China with the advice of the Legislative Council of Hongkong that from and after the passing of this Ordinance Her Majesty's Consuls shall within the limits of the Port in China where they may be officially resident

pos. sess the same jurisdiction power and au- thority that is now or shail hereafter be possessed by any Court of Judicature at Hongkong save always as is hereinafter mentioned and excepted.

40.

Consuls to

2. And be it enacted that such Con- record eviden. sul as aforesaid shall have full power to --inquire concerning and record the eviden-

·ce of all Witnesses in any felony misde- meanor or other criminal offence and al- so in all civil actions suits and matters. whatsoever but not to determine the same save as hereinafter mentioned.

he transmitted

and read at

the trial.

Evidence to 3. And be it enacted that the eviden ce so recorded shall be transmitted toge- to Hongkong ther with the remarks of the said Consul

thereon and on the

e demeanour of the witnesses giving the same to such Court of Judicature at Hongkong as as how or shall hereafter be erected which shall thereupon duly proceed to hear try and determine the said civil or criminal mat- ters and for that purpose shall admit and read the said evidence so recorded of such of the said Witnesses as shall be absent. from Hongkong aforesaid saving all ex- ceptions thereto which may appear to the said Court to be valid.and just.

Cannul th

have power to

adjudicate in

certain

tors

ma

Consul's de

cision liable to

the

4. And be it enacted that the said Consul shall hasn

power if he think

adjudicate upon in a summary other - minor

hment than he anflict and suits and achons wherein lue sum claimed shall not exceed 500 dol Jars and which shall not be founded on any libel trespass or other personal wrong. always in all such cases

of the Supre corded

me udicial

Authority Hongkong.

Provid

that the evidence re-

trans.

the said Consuls

ence or do

VICTORIA, SATURDAY, MARCH 0th, 1844.

Power to the Consul to fine and imprison.

In cases wher not ma

Ore

sels

examino further witnesses therein or al. ter or reverse the said sentence or deci. sion or increnso o or diminish the amount of punishment or damages awarded the-

Interpreta

And bo sit onucted that the mid Consul. Consul shall have power and authority to sentence any person committing any misdemeanor or other minor offence to pay a fine to Her Majesty I

and Succossors not exceder Heirs

200 dol- lars and to suffer imprisonment for any period not exceeding two months and in case of non payment of any fine to sufler a further imprisonment not ex- ceeding two mo

months in lieu thereof or until the same shall be paid.

7. And be it enacted in all guits or Mons wherein the sum claimed does not deed 20 dollars that such Consul as afo- id may appoint by writing under his any one or more persons to hear determine the same on his behalf under his supervision revision and contral which anid person or persons so appointed shall have the same power and authority and shall in all things demean him or themselves therein as the said Con- pul himself.

277

purposes

provided shall to all intenta and be deemed and taken to be Records of the said Court of Judienture at Họngkong,

14. And be it onnetod that the word and all other, ordinancon

word Cont extend and be applied us well to

Bhall

uny

Consul

duly appointed by Hor. Ma-

jasty as toy a

as to any person who for the time being shall actually be the Chief Consular Agent at any such Port or Ports as aforesaid.

HENRY POTTINGER. Supt. of Trade &c.

Passed the Legislative Council

the 28th day of February, 1844.

RICHARD BURGASS.

Clerk of the Legislative Council.

HONGKONG. No. 3. of 1844. Anno Sexto et Septimo Victoria Reginæ.

8. And be it enacted in any criminal proceeding, except for felony against the Master or any of the "Crew of any vessel the about to leave such Port as aforesaid of Ver wherein the evidence shall have been duly about to recorded as aforesaid and it shall appear that an adequate punishment can be award- ed by way of fine without imprisonment that it shall be lawful for the said Consul (if he thinks fit) to take security for the due payment of any fue which may be awarded therein and thereupon to permit the departure of the master or the crew rable to facili. of the said Ship without their appearing tate the tracing to take their trial before the said court ordés toland at Hongkong and in such cases the saided property. Court shall proceed to adjudicate therein. inthe absence of the accused party.

Consuls to

and letters of

grant-Probates as aforesaid shall have full power to grant 9. And be it enacted that such Consul

administration. Probates of the wills and letters of adminis

tration to the Estates of Her Majesty's Sub- jects dying or leaving property within the limits of such Port as aforesaid Provided always that in all cases of doubt or diffi culty or of any Caveat being entered against the grant of any probate or administration such Consul may if he thinks fit remit the same together with all the proceed. ings therein duly authenticated for deci. sion to the Court of Judicature at Hong. kong aforesaid and in the interim the said Consol shall graut administration to such person or persons of the best credit and repute within such Port as aforesaid as may be willing to accept the same and give the usual security and in default the reof the said Consul shall and he is here- by required to act as administrator him. self and to take a Commission of 21 per centum on such property as may come to bis hauds according to the statute in that case made and provided. Consule to 10. And be it enacted that the said Con- les issued by them by this Ordinance shall in all mat- conform to ra suls in theexecution of the powers given to Supreme Court.

ters and things obey and conform to such rules and instructions as inay from ume to time with the sanction of the Superin tendent of the Trade of Her Majesty's Subjects in China be made and issued by such Supreme Court of Judicature as may hereafter be erected at Hongkong.

Consuls to take fees in lu- dicial proceed.

kage.

Consuls

Court at Hom

11. And be it enacted. That the said Consuls shall take such fees in judicial proceedings as are now authorized to be taken in the Office of the Honorable the Chief Magistrate at Hongkong or such other fees as may hereafter from time to time with the sanction of the Superliten- dent of the Trade of Her Majesty a Sub- pects in China be fixed by such Supremo Court of Judicature at Hongkong as

aidg

And be it enacted in case any the Bali Supreme Court of bre at Hongkong, shall come of any such port as

the

Con under

cease

onjoint

nue to be

the re-

Preamble

that it is desi

By His Excellency Sir HENRY POTTINGER Baronet Knight Grand Cross of the Most Honorable Order of the Bath Major General in the Service of the the East India Company Gover- nor and Commander in Chief of the Colony of Hongkong and its Depen- dencies and Superintendent of the Tra- de of Her Majesty's Subjects in China with the advice of the Legislative Coun- cil of Hongkong.

An Ordinance to provide for the Registration of deeds wills judgments and Conveyances affecting real or im- moveable property in Hongkong.

[28th Feburary, 1844.] Whereas it is expedient to prevent secret-and frandulent Conveyances in the Colony of Hongkong and to provide means whereby the title to real and immoveable property may be easily traced and ascertained. Be it there- fore enacted by His Excellency the Governor of Hongkong and its Depen- dencies with the advice of the Legisla tive Council thereof that from and af- ter the passing of this Ordinance the Establishment Land Office in the said Colony shall be of a Registry

a public office for the registration of Office.

deeds Conveyances and other instru ments wills and judgments in manner From the herein after mentioned: and that all passing of this Ordinance all Conveyances and other deeds, wills instrumenta af and devises and other instruments in fecting land writing now or hereafter to be made or may be regis executed aud all judgments hereafter the said office. to be obtained by which Conveyances deeds and other instruments in writing

tered within

Buch instru. ments to have priority accord- ing to their respective da-

of Regis tration,

wills and judgments any parcels of ground, tenements or premises in Hong- kong aforesaid or its dependencies now are, or shall or may hereafter be af fected may be entered and registered in the said Office in the manner herein-

directed.

2.

after and be it further enacted. That all such judgments and Conveyances or instruments in writing obtained made or executed respectively after the pas sing of this Ordinance and registered in pursuance hereof shall have priority one over the other according to the priority of their respective dates of re gistration and that all such judgments-- deeds Conveyances or instruments in writing as last aforesaid and all future devises which shall not be registered in pursuance of this Ordinance shall (as agamat any subsequent bona fide purchaser or mortgagee of the same parcels of ground tenements or pre- mises for valuable consideration) be absolutely null and void to all intents and purposes. Provided that nothing herein contained shall extend to bona fide leases at rack rent for any time 110

three years.

nd heat enacted that no notice. either actual or construc- deed

Conveyance or instru-

the

shall aff riment as aforesaid ag

istered in pursuance

it further enacted that

taking of

be

vidence or to proceed to

Red-

1

3

fore

struments in writing (except will)