the-ordinances-of-the-legislative-counci-1890 — Page 58

22 ORDINANCES Nos . 9 AND 10 OF 1844.


Restraint of Trade in China. Justices ofthe Peace - Summary Jurisdiction.


against this Ordinance, or made at any time whatsoever to the knowledge of the
purchaser with the view to evade the recovery of the penalties herein provided , shall as
against the said liability to be sold for the purposes aforesaid , be void and of none effect .
[Amended by Ordinance No. 1 of 1846. ]

[ Suspended until amendment see C. O. D. , No. 58, 20th November, 1844. Repealed
by effect of H.M.'s Order in Council, 3rd March 1859, Government Notification, Gazette
of 9th July, 1859. ]




No. 10 of 1844.

Title. [See An Ordinance to regulate summary proceedings before Justices
Ordes, No. 6
of1847 ; No.5 of the Peace, and to protect Justices in the execution of their
of 1850 ; No.
16 of 1875] . office.

[ 10th April, 1844. ]
Preamble. HEREAS it is expedient and necessary to make provision for
Proceedings W
before regulating and for securing uniformity in summary proceedings
Justices.
before Justices of the Peace, and to afford due protection to Justices in
the execution of their office. Be it thereof enacted by His Excellency the

Governor of Hongkong , with the advice of the Legislative Council thereof,
that from and after the passing and publication of this Ordinance, the
provisions hereof shall extend to all cases wherein by any English law, or
statute, or by any ordinance enacted in this Colony, any proceeding shall
have been, or shall be or is by this Ordinance directed to be had , or
matter authorized to be heard and determined , by or before any Magistrate

of Police, or before any Justice or Justices of the Peace for the Colony of

One Justice Hongkong, or in a summary way, and it shall be lawful for any one Justice
to adjudicate.
to receive the information or complaint, and to issue the summons or
warrant requiring the parties and witnesses to appear before himself,
or before any two or more Justices as the case may require , and
upon the appearance of the defendant, or his contempt by not appear
ing after having been duly summoned in manner hereinafter mentioned ,

*See Ord. and after sufficient time for his appearance and proof thereof on oath *
No. 2 of 1860. ] Justice or Justices as the case may be,
to the satisfaction of the
such Justice or any two or more Justices , as the case may require ,
shall and may proceed to examine into, and hear and determine the

matter in a summary way, and examine upon oath, all necessary wit
nesses produced , and give his or their judgment thereon , and in case