728833-1846-10-Jun-1846 — Page 2

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RAIN DURING WEEK of lach.

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35 77 75 75.6

MART.

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Fide clear

29

Forn part dully factor piger.

of Bargsneter

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Latter.

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Chiesa

METEOROLOGICAL REGISTER FOR THE WEEK ENDING, 31ST MAY, 1946.

VISIOARA, DOYGE OSE,

NOTICE. New avertisements will be received, until 4 (Clock, on the evenings previous to publi- cotim, riz: Theclays and Fridays.

LATEST DATES,

England Mar. 24

April 20 Singapore May 23 Manila Chusan

Batavia

United States Mar. 1

Caloura

Ayril S

Mar. 28

Вотрвая

Apol 11

Madras

April 14

May 您 Shanghai May

Sydner

Jony, 24

THE FRIEND OF CHINA AND HONGKONG GAZETTE. VICTORIA, WEDNESDAY, JUNE 10, 1816

The absence of matters requiring immediate observation, and a slight indisposition, will, we trust, be received by our readers as a sufficient excuse for our present issue.

A correspondent enquires whether a list of the names of the streets and roads has becu måde public by the Government. We do not recollect having seen such a list but if any of our raders can furnish us with oue, we will publish it for general information.

The proprietors of unoccupied houses would require to have a watchman on the premises. Of late, in several instances, thieves have car- ried away locks and binges, breaking the glass irindows and otherwise injuring the property. They do not confine their operations to the quict hours of night, as we hear of doors and window sashes having been carried off during the day--this was in a retired part of the towi

It is said that in the event of the re- moral of the present incumbent, Sir George Gipps (recently Governor of New South Wales) is likely to succeed to the vacant ap- pointment of Governor of Hongkong. This we look upon as a roere rumour, though such a contingency is by no means improbable. Sir George Gipps is too valuable a servant to be laid on the shell; and he is too poor to return to the profession of arms, so long as a lucrative civil appointment is within his grasp. Sir Ge. orge is a man of rare talents-his official pa- pers have always been remarkable for their perspicuity 88 a debater, he possesses great power, and no man knows better how to avoid, or gloss over, the disagreeable parts of a public oration. As a business man his Ex- cellency is indefatigable-in manner and ap pearance, he eminently possesses that dignity which is usually attributed to royalty or its re presentative. It has been alleged that Sir George was too ept to follow the instructions from Downing Street, without reference to The requirements of the colony, with which he was better acquainted than either Lord Stanley, or Lord John Russell. This is the fault of most military Governors, and to a mere Soldier of fortune, like Sir George Gripps, 65,000vent was a strong ducement to suc cumb, when a more independent man would stand upon the duties of his office, ntative of the Crown, but the interests of the people. esala clear headed practical inted with constitutional

maaf.colonial govern

: ceeding 18rain to Gltimately

The moal im-

THE FRIEND OF CHINA AND HONGKONG GAZETTE,

From the Hongkong Register, June 9.

The last number of the Ma containg letters Patent appoining

H. E ir John Francia Davis to be Vice Admiral of the foland of Longkong and John Wiler Hulme, Eaq, to be judge of the Vice Admiralty court at the Island of Hongkong

There is also an lusolvent Dabtor's Act being Ordinance No of 1816, which occupies Dearly five closely printed pages of our Colempos TATY

We subjoin a short summary, consisting principally of the Marginal Notes.

An Ordinance for the relief of Insolvent Debtor's within the Colony of Hongkong.

PERSONS Imprisoned for Debt may apply to the Supreme Court in a Summary Way for Discharge. Time of petitioning 14 days after imprisonment. What shall be stated in the Petition. The Prisoner shall in such Petition state that he is willing that all his Real and Personal Estate and Effects shall be rested in the provisional As- signee for the time being of the Estates and Effects of Insolvent Debtors in the Colony of Hongkong,

Petition to be signed and filed. Detaining Creditors of Prisoners in Exccution may apply by Petition to Supreme Court for an Order to vest Debtor' Estate in Provisional As. signee of Court appointed for that purpose.

Prisoner's Estate and Effects, except wearing apparel, &c., not exceeding £20, and future Estate. to be vested in Provisional Assignee by order of the Court.

Prisoners within the Walls only to petition. Except in certain cases, arising from the state

of their health.

Power to Court to direct Prisoner to be discharg- ed on his finding Sureties to attend at the time and place of hearing.

Prisoner not to be discharged for want of Plain-

tiff proceeding in his Action.

Provisional Assignee to take possession of Es- tates, &c., rested in him, and sell the same if the

Court directs.

Paying the Expenses, &c.

To sue in his own Name, Be.

Property vested in him to go to his Successor. in Office.

Court may order an allowance to Prisoner dur- ing his confinement, or for Expense of Schedule. When Prisoner is discharged out of Custody, Acts of Assignees to be valid.

No Action to be brought against them where Assignment is avoided.

|

Court may adiudge Discharge, &c., to be forth- with, or not later than Six Months from the filing of the Petition

In certain cases Discharge, &c., to be at any Period not later than Three Years from Pet itioning, Discharge may extend to Process for contempt in Non-payment of Money..

And to costs incurred by Creditor,... but subject to Taxation.

Discharge may extend to Sume payable by way of Annuity, &c

Court may order Costs, in certain cases, to be paid to opposing Creditors out of Insolvent's Estate.

and rexatious,

Where Opposition frivolous Costs may be awared to Prisoner.

Court to make Order, pursuant to Adjudicu tion, and issue Warrant to Goaler.

Specification of Debts, &c., not necessary in Order of Adjudication.

pertain

Adjudication may be conditional in Coser.

Where Adjudication is a Disebarge at a fature Period, the Prisoner may be detained or arrested, Stc., till that Period arrives.

Court may order detaining Creditor to pay Pri- A Week. soner a Sum not exceeding Four Shillings

Before Adjudication, Prisoner shall excente War- raat of Attorney to confess Judgment for Amount of Debts in Schedule.

out

Court may permit Execution to be taken thereupon, when Insolvent is of Ability to pay, or is dead, leaving Assets.

No Scire facias necessary.

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If Application is founded and vexatious. Court rany dismiss the same, with Costs.

Where Insolvent shall after Discharge become entitled to Property which cannot be taken in Exe- cution, the Assignee may apply to Court for Relief. Court may order Prisoner to be remanded to Custody until he transfers such Property

Manner of proceeding where after the Discharge of a Prisoner, any Person shall become possessed of Property belonging to him.

Persons discharged under this Ordinance not able to Imprisonment for Debts, &c., to which Adjudication extends.

If arrested, to be released by Judge of the Court from which Process issued.

Who may order Costs to be paid to him. After Discharge, no Execution to issue against Insolvent for Debts, &c., to which Adjudication

extends.

Discharge under this Ordinance may be pleaded generally.

When Debts are satisfied, the Court may order Certified Copy of Order and Appointment to be Warrant of Attorney to be cancelled, and Satis-

Power of Court to appoint Assignees,

Evidence.

Provise or Registry.

Sale of Estate and Effects to be made imme- diately.

Creditors to meet Thirty Days before sale of Real Estate.

Meeting to be advertised. Discretion in Court as to the Disposal of Pro- perty in certain cases.

Property may be mortgaged if more beneficial. Assignees may execut Powers which the In. solvent might have executed for his own Benefit.

Where Lease accepted by Assignees, the In- solvent not liable for the Rent.

Assignees not determining whether go accept the Lease, the Lessor may apply to the Court.

Assignees may sae in their own Names. May make Composition for Debts. Proviso for Consent of Creditors to Composi- tions and Arbitrations.

Creditors to vote according to Balsore due to them on Account fairly stated.

Suits not to be abided by Death or Removal of Assignees.

Assignee'a Power not to extend to the Pay or Pension of Naral, Military or Civil Officers.

Portion of Pay or Penzion may be obtained on Application.

Goods in Possession of Prisoner, whereof he was reputed Owner, to be demned his Property.

Distress not to be available for more than One Year's Rent.

Voluntary Preference fraudulent and void as against Assignees.

Provisions of 3 C. 4 C. 30 extended to the As- signees of Insoivents.

Warrant of Attorney and Cognovit Actionëm not to be acted upon against Goode of Insolvent after his Imprisonment.

Assignues to file Accounts. Accounts to be audited.

Debts to be ascertained and Divideri made. How Dividend to be made.

Court may examine into disputed Claims. If Prisoner, or Creditor, or Court dissatisfied with Assignee's Account, the Court may direct Inquiry.

Court may Charge Assignee with 20 per Cent on Moner wilfully retained:

Assignees to pay unclaimed Dividends into Court.

Court may remove Assignees and appoint new Assignees.

What shall be evidence of Removal and Ap pointment.

Court many commit for refusing to file Accounts and other Contempts.

Assignee where no Assignes is appointed.

Court may direct Conveyance by Provisional

After Order made, the Prisoner to deliver in a Schedule of Dehts, Property, &c.

Schedule to be filed with Books and Papers. Court to appoint Time and Place for Prisoner

EL

to be brought up

Notice to be given to Creditors, and advertised. At the Time of bearing, the Schedule to be

Hors may oppose Prisoner Discharge,

mg may be adjourned.

avite day be received in opposition to

From Custod

!

faction to be entered on the Judgment.

And a Re-assignment to be executed. Where Error in Schedule without Fraud, this Ordinance to operate upon the actual Amount of Debt.

Adjudication and Order to be final, unless ob tained on Felee Evidence, &c., in which Court may order a Re-hearing.

S. Ennia, Bibby, Whampoa

Drongan, Macdonald. Whempos. 8, Submany, Monk, Whampoa. 9, Charles Forbes, Wells, Whampoa.

REPORTS.

Sir John Byng, Forbes, New South Wales. Emily Jane. More, New South Wales. Charlotte bisbochweger, Whompsa.

SHIPS LOADING at Whampoa, Fenella, Hay, Siam.

Drie Marias, Duch.) Verbec, Rotterdam,

VESSELS IN VICTORIA HARBOUR

HI. M. S Vertal, Captain Talbot, HMS. Dadalus, Captain MacQubae. H. M. B. Wolverine, Commander Cliford, H. M Str. Vulture, Captain Macdougal. H. M. Tr. S. Alligator, Master Cerminding King H. M S. Minden, 2nd Master in charge Cam

Hospital and Store bhip.

Dent and C Holliday, Wise and Ce J. Matheson and Co Compton and Co

Ariel, Burt,

Aqua Marine, Conulty, Audar, Oliver, Alfred, Adair, Bomanjee Hormusjce, Coates, Charette, Liebschwager,

urager, Soames, Emily Jane, More, John Burry, Howard, Lumrick, White,

Lord Hungerford, Pigott, Linnet,

Paarl, Smardon, Privateer, Martell, Ruparell

Sir John Byng, Forbes, Warlock, Jauncey,

J. Matheson and ty J. Matheson and Co 1. H Franklya Dent and Ce

Dent and te

J. Matheson and Co Deni and Co

Younghusband and Co

Bush and Co Bush and Co

Macricer and Co

J. Matheson and Co

J. Matheson and Co

SHIPPING AT WHARFOL

Anna Eliza, Grainger,

N. B Fackarage R. H. majee and o

Lindsay and Co Beil and Co Hausen

Charles Forbes, Welis. Charles Grant, Robson, D. & M. Rustomjee and Co Chebar, Harrison, Costantinuple, Young, Desi, Furley,

Drie Marias Verbec.

Reynyaan and Co

Forner and fo

Drongan, Macdonald, D. & A. Rustomjee and Co Emma, Bibby, Fenella, Hay, Fredt fluh, Toby,

Boustead and Co Turuer and Co PF Cams and to Nye, Parkin and Co. Hodgee. Blentin Rawson and Co D. & Mustomjee and Co

Governor Doherty, Wilson, Hugh Walker, Cameron, Felic, Jones,

John Bull, Crawford, Joren Coring, Lanchester, Conway. Mirzapore, Hickman, Masdee. Chape, Mermaid, Ryle, Orpheus, Neile, Sulimony, Monk,

Gilman and Co Dirom G and Co C. G. Lungran

Order Gilman and Co

D&M. Rustomjee and Co

case

Wild Lish Girl, Buckton,

Insolvent refusing to appear may be apprehend- ed. &c.

In Adjudication of Discharge on Re-hearing, the Time since former Hearing not to be calculat-

Where an Order of Discharge has been issued by Mistake, the Court may revoke and an end the

same.

Prisoner may, after Discharge, be examined as to Estate and Effects, on application of Assignee. Prisoner refusing to appear, or to answer Ques- tions, may be committed.

Persons wilfully omitting anything in the Sche-

liable dule guilty of a Misdemeanour, and Three Years' Imprisonment.

Indictment need only set out Offence charged..

to

Substance of

Pertons swearing falsely under this Ordinance hable to Punishment inflicted for Perjury.

Mode of proceeding with Frisoners of unsound Mind.

Application may be made by Persons on behalf of such Prisoners.

Court may discharge such Prisoner. May order Judgment to be entered up. Discharge not to extend to Crown Debtors. Officer of Court to produce Proceedings and give Copies.

A Copy of such Proceedinge under Seal to be admitted as Evidence.

Examiners to be appointed.

Their Fees.

Sheriffe, &c.. indemnified for obeying Orders of Court,

If Action for Escape, &c., brought, the Ge. given in Evidence. neral Issue may be pleaded, and this Ordinance

What shall be sufficient to be set forth in the Rules and Proceedings of the Court.

Before whom Affidavits are to be sworn. What shall be paid for Insertion of Advertise- mentalita:A

VESSELS AT MACAO.

Amelia (Fr),

Castor (Duch Falcon, Bellamy, Barrica,

Captain

J. A. Durran, Jr Noodt, loaded for Amsterdam. J Matheson and Co CBapoorjee Lungrah F. J. de Paiva

Isabella Robertson. Kelly, Lady Hayes, Legeley,

Nymph, Borsburgh, Poppy Cole, Sepe Baylis,

Veloz (Sp), Bordenove, Vizen, Miloe,

J. Matheson and C'o

J. A. Durran

Dent and Co

Dent and Co

A. Heard and Co ..... I Salado

J. Matheson and Co

AMERICAN AT WHANPOA AND MAOAO. U. S. S. Columbus, Commodore Biddle. U.S. S. Vincennes, Captain Paulding New Lintin, Chase, Akbar, Hallett,

Russell and Co Russell and Co

MARRIED.S

A: Woonce, on Thursday 31st May, by the Raid. Thomas McClatche, Hears Mellinules. Esq., of Lancaster ia Marianne, pecond daughter of James Fagan, Eg. H. Ma path Regiments

TO LET ON LEASE.

Godown situate on Lot 13 Queen's road, with sea frontage, at present in the occupation of Mr C. W. BOWRA. Apply at the Office Friend of China.

Victoria 6th June 1846.

FOR SALE BY THE UNDERSIGNED.

MILNERS Patent Fire Proof Boxes,

AND

Soberans Patent Water Filters of sizes.

ROBERT RUTHERFORD, Queen's Road, June 8th, 1846.

SUMMER WINES & BRER.

N SALE by the undersigned-An excellent light

Power to Court, with the advice of the Legis.Claret for summer nse, cheap; Champag

lative Council to make Rules and Orders and settle Scale of Fees.net nga kj

Construction of Ordinance. Coinmencement of Act.

TUFE,

SHIPPING INTELLIGENCE.

ARRIVALS.

6, Gem, Watson, Cursingmoon.

, Charlotte, Liebschwager. Bombay, ↑ Warlock, Jauncey, Chusen, 7 Chrbar, Harrison, Bombay

7. Sumany, Mook, Bombay.

3. Charles Fortes, Wells: Bombay.

1 Drongan Blacdonald Bombse

7. Emma Bibb Bombay

1 Emily Jose More Wampor.

Unton

Hock, Straw Colored and Golden Sherry, of is quality; Port Allsop's and other Ales in wood and botile,

AND,

Superior Navy Canvas, Anchors of various sizes, Chain Cables, Europe Rope, and other ship stores

ALRO.

An Invoice of Colored Window Glass, suitable for ornamental Doors and Windows.

W. H. FRANKLYN. Victoria, 9th June 1846.

PUBLIC AUCTION.

JR WH FRANKLYN, wil sell by Public ection at hit Rooms Queen's Read on Thursday 11th East, at 11 O'clock Decisely to cluse conegments.

Bolts Superior Flannel,

Fineger in carboye,

Cherry Ur cakes,

unniðurgery, consisting of Locks, Bolts, Hinges,

ALFO

White Grer, and Colored Bhirtings.

Terms of Babe,

Victoria, 9th June 1845.