728591-1844-30-Mar-1844 — Page 5

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THE FRIEND OF CHINA AND HONGKONG GAZETTE.

GOVERNMENT NOTIFICATION:

The following Ordinances are published for General information.

By order,

RICHARD WOOSNAM.

Government House, Victoria, Hongkong, 26th March, 1844.

Tide.

HONGKONG

Anno Sexto et Septimo Victoria Regine.

Declaring the wury laws of England not to be in forge,

Not above

No. 7 of 1944.

SUPPLEMENT TO No. 119.

VICTORIA, SATURDAY, MARCII 30TMπ, 1844.

By His Excellency Sir Henry Pot- tinger Baronet Knight Grand Cross of the most Honorable Military Order of the Bath Major General in the ser- vice of the East India Company Go- vernor and Commander in Chief of the Colony of Hongkong and its | De- pendencies and Superintendent of the trade of Her Majesty's Subjects in China with the advice of the Legisla tive Council of Hongkong.

An Ordinance for removing doubts respecting the application to Hongkong of the laws and Statutes of England relating to guy and to limit and de- fine the rate of interest which may be

overed me cases where it hath not en previously agreed on between

(20th March, 1844.) Whereas it is expedient to remove all doubts rospecting the application to Hongkong of the laws and statutes of England relating to usury and to limit and define the rate of interest for the forbearance of money which may be recovered in any Court of law or equity in cases wherein the rate of interest has not been fixed by the partics before the Court be it therefore enacted and declared by His Excel- lency the Governor of Hongkong with the advice of the Legislative Council thereof that the laws and statutes of England relating to usury shall be decimed taken and adjudged not to extend to the said Colony or its de- pendencies or to be in force within

the same.

3. And be it further enacted, That 19 per cent to in all cases where interest for the loan be allowed in

before of money or upon any other contract Cout may be lawfully recovered for allowed

CAHOO

the

soever

with the advice of the Legislative Council thereof that from and after the passing of this Ordinance all distilla- tion 0

from gram sugar molas- ses fruit

any other materials what- all rectifying and com- pounding thereof within the Unlony of Hongkong and its dependències shall be and the same is hereby prohibited, No person to And be it further enacted and keep or use 5 ordamed that frong and after the pass-

still under a pec

ᎢᎪᎯ .

ELAY

nally of 1969 10g of this Ordmanéo it shall not be thousand five lawful for any person except as here- hundred dol, inafter is excepted to liavo keup or make use of any still or other utensil or vessel for distilling Spirits in any place or part of the said Colony of Hougkong and its dependencies under a penalty of a sun not exceeding two thousand five hundred dollars to be recovered as hereinafter directed Apothecaries 3. And be it further enacted and Chemise and ordained that it shall and have all of ful for the Chief Magistrate of Police Druggists

be law. may

sight gallons for the time being or other contents.

person be appointed by the Governor for the time being for that

purpose to issue a licence Troe of all charge to any apo- thecary chemist or druggist applying for the same to keep and use on his premises a sull of not more than eight gallons contents for the purposes of his trade only provided that every per- son wishing to keep such still shall no. tify his intention so to do to the saul Chief Magistrate or other person ap- pointed as aforesaid who shall there- upon require such person to give a bond with two sufficient sureties in the sum of one thousand dollars that he will not make use of such still or suffer ** it to be made use of except for the preparation of medicines or other arti- cles required bond file for medical purposed and every such person found to have such still without having en- tered into such bond and obtained such licence shall forfeit and pay a suma not exceeding two thousand five hundred dollars.

Justice of the 4. And be it further enacted and or Peace Officer damned that it shall and may be law- of Customs or ful for any Justice of the Peace Officer

other person day appointed of Customs or other person duly and suspecting pil lawfully authorized having reasonable vate distillation may enter house grounds to believe and suspect that place and any private and concealed still or

01

where no rate in any action or suit in any maize sull &c. other utensil or vessel for the distilla-

upon.

has been pre law or equity but where the rate of viously agreed

such interest hath not been previously agreed upon by or between the parties it shall not be lawful for the party en- titled to interest to recover or be allowed in any such action or suit above the rate of twelve dollars for the interest or forbearance of one hundred dollars for a year and so after that rate for a greater or lesser sum or for a longer or shorter time. Provided always that it shall be lawful for the Court awarding such interest to allow such lower rate thereof as the

e circum stance of the case may render just and expedient.

HENRY POTTINGER, Governor of Hongkong, de,, fe Fassed the Legislative Council

this 20th day of March, 1844,

RICHARD BURGASS

Clerk of the Legislative Council,

HONGKONG.

Anno Sexto et Septimo Victoriæ Reginæ. No. 8 of 1811

Preamble

Distillation

Br His Excellency Sir Henry Pot- tinger Baronet Knight Grund Cross of the most Honorable Order of the Bath Major General in the Service of the East India Company Governor and Commander in Chief of the Colony of Hongkong and its Dependencies and Superintendent of the Trade of Her Majesty's subjects in Ching with the advice of the Legislative Council of Hongkong.

An Ordinance for prohibiting the distillation of Spints with the Colo. ny of llongkong,

190th March, 1811), Wberous it is expedient to prohibit the distillation of Sputts within the Cou lony of Hongkong

1. Be it therefore enacted by His of Spirit pro. Excellency the Governor of Hongkon

bibilad

tion of Spirits is set up or kept in uny house or place within the sad Colony or its dependencies to enter anto such house or place in the day time and accompanied by a peace officer to search for and seize any such still

300

manded admittance into the house or place where such private and conceal- still tensil or vessel for the distillation of spirits is reasonably suspected to be kept and used And after do and without the least delay admitted not be immediately mand and not break therein. admitted into such house or place, it shall and s. may be lawful for such justice of the

peace officer of customs 8 or other

per- son as aforesaid being accompained by a peace officer by forco to break into and enter such house or place and make search therein und every parson found in such house or place alter ad- mittance demanded and refused shall Penalty for for every such offence forfeit and

pay a penalty not exceeding five hundred Dollars.

refun!.

Recovery of Ponatie, SVE

6. And be it further enacted and

ordained that all fines penalties

forlestures imposed and accruing

this ordinance shall be sued for and re- covered in such SupremeCourt of Judi- cature as shall hereafter be erected in Hongkong or by summary pro- ceedings to be had before the Chief. Magistrate of Police or before any two justices of the said Colony of Hongkong,

7. And be

it further enacted and be paid one ball ordained that all tine penalties and and one half to forfeitures which shall be levied and to the Queen the witnesses enforced

Fines &c.io

after

tion for this ordinance shall

the charges of prosecu-

the proceeds thereof be di- vided paid and applied as follows "that is to say the moiety or one half of the not proceeds thereof shall be paid to * the said Chief Magistrate for the use of Her Majesty Her Heirs and Sue- cessors to be applied to the public useɛ of the said Colony and the other moiety or half part thereof shall be paid and distributed to and among such person ́or persons who shall have assisted in the seizure of or have given information or evidence leading to the conviction of the offender or offenders in such por- tions as the said Cour), Chief Magistrate, or justices adjudicating upon the matter shall in their discretion thnik proper and any overplus of such last mention- ed moiety or half part shall be paid to the said Chief Magistrato for the pure posca aforesaid.

HENRY POTTINGER, Governor of Mongkong; &c, de,

Passed the Legislative Council

his 20th day of March, 1844.

* RICHARD BURGASS ©

Clerk of the Legislative Council.

GOVERNMENT NOTIFICATION.

The following Notice is published for General information.

By order,

RICHARD WOOSNAM. Government House, Victoria, Hongkong, 26th March, 1844.

NOTICE

Touching the Pilot Station for the River Hooghly during the S. W. Monsoon of the year. 1843, ge. THE oxperience of a second season's trial of the new

utensil or vessel and also all spirits and other materials preparing for distilla- tion and either to detain and keep the same in the house or place where found or to remove the same to the customs or police office or other place in charge of the Ollicer of customs or Chief Police Magistrate or as they or one of them or any justice of the peace shall direct and the said sull or vessel and all spirits and other materials being prepared for distilla. Suna su tion shall be absollitely teribited and Pilot Station off the South Channel having malube de absoluty the proprietor, or owner or occu- lished that it can be made by Vessels from False Point prietor or ow- pier of any house or place where with the greatest facility, and that Pilots can also ba nor of Louse any such private and concealed still readily supplied, and the same causes existing which

nar person utensil or vessel shall be so found and

daring list S. W. Monsoon rendered necensury the in whose out

removal of the Pilot Station from off Point Palmyras to tody still de seized or the puron of persons in is found liable whose custody the same shall be too

a portion about fifteen miles W. b. W. of the Outer to penalty of shall be able to end pay the penalty

Floating Lightin Lat 30° 60 N. Long, 8a 03′ E. and in trăm 17 in 22. filho, water Notion is hereby dollars or sum of not extending five hundred

given, that thin laiter Station will in future be conti- Dollurs exclusive of and in addition to ed iluu 3. W Monsoon, viz. from 15th March to

ther penalty he may be liable to

the 10th September. bstruct opрове

etilty can possibly bo It in passing from Falso ine of the Pout to the New Stution,

attention be paid lion, prepared

forfeited Pro-

five hundred

Obstructing and

Pennliy

ATE

Juative orb. And be it further clact wared to cotel. Such Louston of the peace officer of an

person us aforesaid, nity having

late 1 con aber u corful survey of the groun iber

30 101 N.