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An Ordinance to explain certain Enactments relating to [See Ord. No.4.

[29th May, 1856.]

Shipping.
W HEREAS by "The Merchant Shipping Act 1854," and

of 1855.] Preamble re

cites "The Merchant Ship

ping Act, 1854," and "The Chi

"The Chinese Passengers' Act 1855," the Power to ' amend the said Acts in their Application to this Colony is, ' under certain Conditions, reserved to this Legislature, and it is 'desirable to exercise the aforesaid Power in Manner herein-after nese Passenappearing Be it enacted by His Excellency the Governor of gers' Act, 1855." Hongkong, with the Advice of the Legislative Council thereof, as follows:

I. The British Flag may be lawfully used by any Chinese Resident within the Meaning of Ordinance No. 4. of 1855, on Board of any Ship or Vessel registered in this Colony in the Name of

the said Resident under the Ordinance aforesaid.

Chinese Resi

dents may use
the British Flag
in colonially

registered
Vessels.

Copies.

II. Every Register, Certificate, Endorsement, Declaration, or Colonial RegisBond authorized or required by the said Ordinance, may be proved ters, &c. may in any Court of Justice, or before any Person having by Law or be proved by by Consent of Parties Authority to receive Evidence, either by Production of the Production of the Original, or by an examined Copy thereof, Originals or or by a Copy thereof purporting to be certified under the Hand of the Colonial Secretary or other Person who for the Time being shall happen to have charge of the Original, which certified Copy he is hereby required to furnish to every Person applying at a reasonable Time for the same, and paying therefor the sum of One Dollar; and every Document, when so proved as aforesaid, shall be received as primâ facie Evidence of all the Matters therein recited, stated, or appearing.

III. Any Chinese Passenger Ship clearing out or proceeding to Sea from any Port in this Colony, or in China, or within a Hundred Miles of the Coast thereof, on any Voyage or Voyages to any other Port or Ports, for the Purpose of commencing at or from any such Port or Ports as last aforesaid a Voyage of more than Seven Days' Duration, shall be deemed to have cleared out or proceeded to Sea upon the said last-mentioned Voyage from the said first-mentioned Port within the Meaning of the "Chinese "Passengers' Act 1855."

IV. Has had its effect.

No. 10. OF 1856.

An Ordinance for Lis Pendens and Purchasers.

Definition of a
Voyage of
more than
Seven Days'
Duration.

[See Ord. No.3.

[29th May, 1856.] of 1844.] BE it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in

Manner following; that is to say:

I. The Provisions of the Ordinance No. 3. of 1844, respecting A "Lis PenJudgments, (subject to the Provisions herein-after contained) dens" may be shall extend to "Lites Pendentes" within the Intent and Meaning of the Acts of Parliament passed in the Second and Third

Years

registered as a Judgment.

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Form of Memorial.

No other Registry to be made, and an unregistered

Years of Her Majesty, Chapter Eleven, and the Thirteenth and
Fourteenth Years of Her Majesty, Chapter Thirty-five.

II. The Memorial of any such "Lis Pendens " shall be sufficient for the Purposes of the said Ordinance, if it be signed by the Plaintiffs or Persons claiming to be Plaintiffs in the said "Lis Pendens," and contain the Names and Additions of the said Persons, and of the Defendants or Persons whose Estate is intended to be affected thereby, and the Day when the Bill, Information, or special Case was filed, and the Sum of Money thereby claimed or in Controversy, yet so as that the said Memorial shall be verified in all other Respects as by the said Ordinance is in the Case of Judgments provided.

III. Notwithstanding the said Acts of Parliament, no "Lis Pendens" shall be registered in the Registry of the Supreme Court, or elsewhere than in the Land Office, under this Ordinance ; and a "Lis Pendens "not registered in the said Office, and in due Conformity with this Ordinance, shall not bind any Purchaser or Purchaser, &c. Mortgagee of the Estate intended to be thereby affected.

"Lis Pendens " not to bind a

Defining the
Extension of

certain Imperial

Enactments.

Effect of Regis-
try and Re-
registry, and
Extension of
18 & 19 Vict.
c. 15. s. 11.

[See Ord. No.

12. of 1856, as to Rules of Construction.] Preamble.

The Surveyor General to provide and fix

Lamps, &c.

IV. So much of the said Acts of Parliament and of the Acts of Parliament passed in the Third and Fourth Years of Her Majesty, Chapter Eleven, and the Eighteenth and Nineteenth Years of Her said Majesty, Chapter Fifteen, as require the Reregistering of Judgments and "Lites Pendentes" after every successive Period of Five Years, beginning from the Entry thereof respectively, shall extend to all Judgments, "Lites Pendentes," and Orders, now or hereafter to be registered in the said Land Office, and by which it is intended to affect any Estate.

V. Subject to the provisions of Section Eleven of the said Act of the Eighteenth and Nineteenth Years of Her said Majesty, Chapter Fifteen, for the Relief of Purchasers and Mortgagees for valuable Consideration, against the Judgments, Crown Debts, and Liabilities, of paid-off Mortgagees (and which Provisions are hereby extended to this Colony,) every "Lis Pendens," Registered or Re-registered, and also every Order or Judgment Re-registered in Manner aforesaid, shall have the same Force and Effect as a Judgment registered in Conformity with the said Ordinance No. 3. of 1844, and not further or otherwise.

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No. 11. OF 1856.

An Ordinance for Lighting the City of Victoria.

[12th June, 1856.] WHEREAS it is desirable that a System of Public Lighting

should be introduced into this City: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:

I. Repealed.

II. The Surveyor-General shall from Time to Time cause a sufficient Number of Irons or Posts for the Lighting of the Streets, Roads, Ways, and Public Thoroughfares of the City of and the Super- Victoria to be provided, and the same to be set up, fixed or erected, in all suitable Situations for such Lighting, and either

intendent of

Lighting City.

in any of the said Streets, Roads, Ways, and Thoroughfares, or in any Close adjacent thereto, or upon or against the Wall of any House or Building, or the side of any Wall or Fence, or elsewhere, as he shall think proper; and he shall also from Time to Time cause to be provided, and put, and affixed upon the said Irons and Posts, such a Number of Lamps, and of such Sizes and Sorts respectively, as shall be found requisite for the Lighting of the said Streets, Roads, Ways, and Thoroughfares respectively. And it shall be the Duty of the Superintendent of Police to light and to keep lighted the said Lamps with Oil for any Number of Hours in every Twenty Four Hours, as the Surveyor General shall from Time to Time direct.

III. The Laws relating to the removing, taking, carrying Laws relating away, or stealing of Fixtures and Chattels respectively, shall be to Removal or interpreted to apply to the removing, taking, carrying away, or Felony of Fix. stealing of the said Irons, Posts, Lamps, and Oil respectively, by tures and Chatany Persons whomsoever; and the Property of and in all such Lamps, Irons. Articles shall be deemed to be vested in the Surveyor-General &c. for all the Purposes of any Action, Suit, or Information brought or preferred against any Person for or in respect of the same, or for or in respect of any Trespass, Injury, Misdemeanor, or Felony done or committed in respect of any of the said Articles.

IV. If any Person shall wilfully extinguish the Light of any Wilful Damage, such Lamp, or wilfully injure, displace, or damage any such how punishLamp or any other of the said Articles, every such Offender shall, able. upon Conviction thereof before any Justice of the Peace, forfeit and pay for every such Offence a Sum not exceeding Fifty Dollars nor less than One Dollar, and shall further forfeit and pay the full Amount of the Damage by him so done as aforesaid, and all incidental Costs and Expenses.

V. It shall be lawful for any Person witnessing the Commis- Apprehension of sion of an Offence against Section Three of this Ordinance, to Offenders withseize the Offender, and to deliver him to any Constable, or to the out Warrant. said Justice of the Peace; and no Warrant shall be in any Case necessary to justify the Apprehension of any such Offender as

aforesaid.

VI. When any Damage or Injury shall have been occasioned Carelessness or unto any such Articles by any Person otherwise than wilfully, accidental Daand such Person shall not have made Satisfaction for the same, mage.

it shall be the Duty of any Justice of the Peace, upon Complaint thereof made, to order and compel the said Person to make full Satisfaction for the Amount of such Damage or Injury, together with all incidental Costs and Expenses.

VII. All Proceedings before a Justice of the Peace under this Summary Pro Ordinance, except as provided by Section Four, shall be had, and cedure before the Payment of all pecuniary Penalties, Costs, and Damages under Justices. the same shall be enforced, in like Manner as in other Cases of or belonging to the summary Jurisdiction of Justices is by Law provided.

VIII. All Monies recovered or received under this Ordinance Disposal of shall be paid into the Colonial Treasury.

Monies.

Preamble.

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Interpretation

of Terms.

"Public Officer" or "Department."

"Lawful Authority."

"Property."

The Governor in Executive

Council to appoint Sites for Chinese Cemeteries, &c.

Power to close

teries.

Chinese Burials and Prevention of Nuisances.

No. 12. OF 1856.

An Ordinance to regulate Chinese Burials, and to prevent
certain Nuisances, within the Colony of Hongkong.
[12th June, 1856.]
WHEREAS the Increase of Population and Buildings in
the City of Victoria has made it necessary to provide
other Arrangements for the Interment of the Dead; and
whereas there exist certain Nuisances which the Laws hitherto
in Force have failed effectually to prevent:' Be it therefore
enacted by His Excellency the Governor of Hongkong, with
the Advice of the Legislative Council thereof, in Manner fol-
lowing, that is to say:

I. For the Construction as well of this Ordinance as of Ordinance No. 14. of 1845, the Ordinance No. 2. of 1854, the Ordinance No. 8. of 1856, and the Ordinance No. 11. of 1856, the following Rules of Construction shall be observed in addition to whatsoever other Rules are by the said Ordinances respectively provided, that is to say:

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(1.) The expressions "Public Officer" or "Public Depart-
shall extend to and include His Excellency the
Governor, and every Officer or Department invested
with or performing Duties of a public Nature, whether
under immediate Control of His Excellency or not.
(2.) The expression "Lawful Authority" shall extend to and
denote any Permission which may be lawfully given by
a Public Officer or Department, or by a Private Person.
(3.) Where no specific Description is given of the Ownership
of any Property, the word "Property " shall be taken
to apply to all such Property of the Kinds specified,
whether owned by the Crown, by a Public Department,
or by a Private Person.

II. It shall be lawful for His Excellency in Executive Council from Time to Time to select and appoint, and by Advertisement in the "Hongkong Government Gazette" to notify, sufficient and proper Places to be the Sites of, and to be used as, Cemeteries or Places of Burial for the Chinese; and from Time to Time to alter, vary, and repeal the said Notifications by others, to be advertised in the like Manner; and in such Cemeteries or Places it shall be lawful for the Chinese, in Conformity with the Provisions of the Notifications actually in Force, to bury their Dead, yet so as that any Person who shall use for that Purpose a Grave of less than Five Feet in Depth from the ordinary Surface of the Ground to the uppermost Side of the Corpse or Coffin therein deposited, shall for every such Offence forfeit and pay a Sum not exceeding Fifty Dollars, nor less than Five Dollars.

III. His said Excellency in Executive Council is authorized Chinese Ceme- from Time to Time to notify, by Advertisement in the "Hongkong Government Gazette," that any Chinese Cemetery or Burial Ground shall, from a Time in such Notification to be specified, be closed, and the same shall be closed accordingly; and whosoever after the Expiration of the said specified Time shall bury any

Corpse

Chinese Burials and Prevention of Nuisances.

Corpse in the said Cemetery or Burial Ground shall, for every such Offence, forfeit and pay a Sum not exceeding One Hundred Dollars, nor less than Five.

IV. Whosoever shall bury any Corpse or Coffin in any Ground Penalties on not being a Cemetery or Burial Ground authorized under this or Burials elseany other Ordinance, shall (except in Cases provided for by where than in Section Three of this Ordinance) for every such his Offence Cemeteries, &c. forfeit and pay a Sum not exceeding One Hundred Dollars, nor less than Five.

Further Penalties on Burials being Nui

sances, &c.

ishable at the

V. The Penalties in Sections Three and Four specified shall be deemed to be cumulative, and not substituted Penalties, in any Case where the Commission of any of the Offences to which the same are applicable shall occasion a Nuisance within the Meaning of Ordinance No. 8. of 1856, Section Fourteen. VI. The Offences next herein-after specified shall be deemed Nuisances punto be Nuisances within the Meaning of all Laws at any Time in Force within this Colony, for the better Repression of Nuisances, save that the Court, or Justices before whom any Person shall be found guilty of any such Offence, in lieu of all other Punishment for the same, shall order him for every such Offence to pay a Penalty not exceeding One Hundred Dollars, nor less than One Dollar, that is to say:

the Court.

(1.) The Felling, Cutting, Destroying, or Injuring of any Injury to Trees, standing or growing Tree, Shrub, or Underwood, any Shrubs, Turf, Grass-sod or Turf, or any Fence or Portion thereof, or Fences. (except in Cases where any such Offence shall be proved to have been committed with a felonious Intention).

struction to

shore, Navigation, &c.

(2.) The doing any Act whereby Injury or Obstruction, Injury or Obwhether directly or consequentially, may accrue to a Public Road, Path, or Walk, or to the Shore of the Sea, Ways, Sea or to Navigation, Mooring, or Anchorage, Transit or Traffic, or whereby any other Nuisance within the Meaning of Ordinance No. 8. of 1856, Sections Fourteen, Fifteen, and Sixteen, whether directly or consequentially, may happen.

(3.) The Trespassing, Man or Beast, upon or in any Messuage, Trespass on Tenement, Cemetery, or Land being vested in or under Public Lands, the Control or Management of any Public Officer, or Department whatsoever.

&c.

(4.) The Obeying the Calls of Nature on any Way or in any Indecency. public, exposed, or other improper Place, to the Annoy

ance of others.

in the case of Offences

against Section 6., Divi

VII. It shall be lawful for the Court or Justices before whom Whipping may any person shall be found guilty of any Offence against Division be substituted One or Division Four of Section Six of this Ordinance, to order him, in lieu of all other Punishment, to be once or twice publicly whipped, yet so as that no Offender shall receive in all for any one such offence more than Fifty Blows nor less than Five. VIII. Upon Proof made to the Satisfaction of the Court or Justices that a person accused of any Nuisance or Offence under Penalties to this Ordinance, or any of the said enumerated Ordinances, is in Accessories. Fact guilty of having procured, permitted, connived at, or continued

any

sions 1. and 4.

Extension of

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