ORDINANCES Nos. 3 AND 4 OF 1853.
Chinese Tepos.
Spirits-Opium.
281
sors;
6. If any person have a complaint against a Chinese he may apply for redress to the tepo of the district, who shall use his best endeavour to obtain an amicable settlement thereof. Failing such settlement he shall ask the plaintiff and defendant in the case, whether they are willing that he should determine the dispute assisted by assessors; and should the parties consent to such determination, they shall, if resident within the limits of the city of Victoria, thereupon sign before some Justice of the Peace a declaration of their consent. The tepo shall then summon all the assessors to his assistance; and shall proceed to hear and determine the case, not less than three assessors being present during the proceedings; and the decision of the majority of the assessors present, (the tepo voting as an assessor and having also the casting vote), shall be binding upon the parties: but the assessors instead of coming to a decision may, if they think it proper, refer the matter for the decision of the proper English tribunal.
7. The decision so given by the tepo and assessors shall be reported in writing by the tepo to the Chief Magistrate, who, upon being duly called upon so to do, and upon being satisfied that the parties voluntarily submitted their dispute for determination in this manner, shall enforce the judgment by distress and sale of the goods and chattels of the defaulter, and failing these, by imprisonment not exceeding six months. Provided that, if the judgment appear to him on the face of it to be manifestly erroneous or unjust, he may refuse to enforce it, and may remit the case to be re-heard by the tepo and assessors, or to be re-heard by the proper English tribunal.
8. Nothing herein contained shall be held to give to such tepo or assessors jurisdiction over any criminal cause, or to prevent any person from bringing his complaint in the first instance before any English Court having jurisdiction therein.
[Repealed by Ordinance No. 6 of 1857.]
Chinese causes, with consent of plaintiff and defendant, may be referred for decision to tepo of the district. Parties to declare before a Magistrate their full consent to the reference.
Tepo may then decide, with the assistance of three assessors.
Assessors may notwithstanding, refer the parties to the proper English tribunal.
Decision of the tepo and assessors how enforced.
Ordinance to apply to civil causes only.
No. 4 of 1853.
An Ordinance to Amend Ordinances Nos. 11 of 1844 and 5 of 1845, and to improve the Regulations for the Sale of Spirituous Liquors by Chinese, and the Regulations for the Retail and Preparation of Opium.
[22nd December, 1853.]
WHEREAS the Ordinance No. 11 of 1844, regulating the sale of spirituous liquors, has been found inconvenient in its application to Chinese dealers, and doubts have arisen as to the construction of the regulations for the retail of opium made by His Excellency the Governor on the 19th July, 1847, in pursuance of the provisions of Ordinance No. 5 of 1845: Be it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
Title.
Preamble
ORDINANCES Nos. 3 AND 4 OF 1853.
Chinese Tepos.
Spirits-Opium.
281
sors;
6. If any person have a complaint against a Chinese he may apply for redress to the tepo of the district, who shall use his best endeavour to obtain an amicable settle- ment thereof. Failing such settlement he shall ask the plaintiff and defendant in the case, whether they are willing that he should determine the dispute assisted by asses- and should the parties consent to such determination, they shall, if resident within the limits of the city of Victoria, thereupon sign before some Justice of the Peace a declaration of their consent. The tepo shall then summon all the assessors to his as- sistance; and shall proceed to hear and determine the case, not less than three assessors being present during the proceedings; and the decision of the majority of the assessors present, (the tepo voting as an assessor and having also the casting vote), shall be binding upon the parties: but the assessors instead of coming to a decision may, if they think it proper, refer the matter for the decision of the proper English tribunal.
7. The decision so given by the tepo and assessors shall be reported in writing by the tepo to the Chief Magistrate, who, upon being duly called upon so to do, and upon being satisfied that the parties voluntarily submitted their dispute for determination in this manner, shall enforce the judgment by distress and sale of the goods and chattels of the defaulter, and failing these, by imprisonment not exceeding six months. Pro- vided that, if the judgment appear to him on the face of it to be manifestly erroneous or unjust, he may refuse to enforce it, and may remit the case to be re-heard by the tepo and assessors, or to be re-heard by the proper English tribunal.
8. Nothing herein contained shall be held to give to such tepo or assessors juris- diction over any criminal cause, or to prevent any person from bringing his complaint in the first instance before any English Court having jurisdiction therein.
[Repealed by Ordinance No. 6 of 1857.]
Chinese causes,
with consent of plaintiff and de-
fendant, may be referred for deci- sion to tepo of
the district. Parties to declare before a Magis- trute their full consent to the reference.
Tepo may then decide, with the assistance of three assessors.
Assessors may notwithstanding, refer the parties to the proper English tribunal,
Decision of the tepo and asses- sors how enforc....
ed.
Ordinance to ap- ply to civil causes only.
No. 4 of 1853.
An Ordinance to Amend Ordinances Nos. 11 of 1844 and 5 of 1845, and to improve the Regulations for the Sale of Spirituous Liquors by Chinese, and the Regulations for the Retail and Preparation of Opium.
[22nd December, 1853.]
W
HEREAS the Ordinance No. 11 of 1844, regulating the sale of spirituous liquors, has been found inconvenient in its application to Chinese dealers, and doubts have arisen as to the construction of the regulations for the retail of opium made by His Excellency the Governor on the 19th July, 1847, in pursuance of the provisions of Ordinance No. 5 of 1845: Be it enacted and ordained by His Excellency the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
Title.
Preamble
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