Acts heretofore to be valid. Rights of Aliens in Colony. Extension of Imperial Acts. II. Every such Grant, Conveyance, Lease, Assignment, or done by Aliens Bequest, Sale, Transfer, or other Act heretofore made or done by or with any such Alien, shall be deemed in Law as valid and effectual as if it had been made or done by or with any Natural Born British Subject. Title. Preamble. Acts of Parliament enumerated in annexed Schedule to be in Force in the Colony. Title. Preamble. [See Ord. No.8. of 1860.] No. 3. OF 1854. An Ordinance to declare certain Acts of the Imperial Parliament to be in Force in this Colony. [31st October, 1854.] WHEREAS it is expedient that the Provisions of certain Acts of the Imperial Parliament should be adopted in this Colony Be it therefore enacted and ordained by the Honorable the Lieutenant-Governor administering the Government of Hongkong, with the Advice of the Legislative Council thereof, that from henceforth the several Acts of Parliament, the Titles of which are set forth in the Schedule hereunto annexed, shall, so far as they are applicable to this Colony, be of Force therein from and after the 31st day of October, 1854. SCHEDULE of the Acts of Parliament to which this Ordinance refers. 6 & 7 Victoria, Cap. 34.-An Act for the better Apprehension of WE An Ordinance to provide for the disposal of unclaimed 6 'Division 'Division of all Claims proved against such Estates, and in Pursuance of the Terms of Ordinance No. 6. of 1845; and whereas it is expedient to dispose of such Sums of Money for the public Use and the Benefit of this Colony: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: How Intestate be dealt with, ed for a Period of Six Years. I. On the Expiration of Six Years from the Date of the Decease of any Person dying Intestate, it shall be lawful for the Officer administering the Government of this Colony to direct the Payment of the unclaimed Balance of such Person's Estate into the Hands of the Colonial Treasurer, for the general Purposes of the Colony, or the Transfer of such Balance to the Public Funds held by the Officers in Charge of the Treasure Vault, so that it may be rendered available for the public Purposes of the Colony: Provided always, that a Certificate be given by the Official Ad- Official Admiministrator of Intestate Estates showing that due Advertisement nistrator's Cerhas been made for Claims against such Estate, and for Claims tificate of Adagainst such Balance of such Estate, and that, so far as is known to such Official Administrator, no further Claim can reasonably be expected against such Balance of such Estate. vertisements. How existing unclaimed Ba lances to be dealt with. As to Confisca- II. From and after the passing of this Ordinance ali such Balances as have lain in the Treasure Vault of the Colony for a longer Period than Six Years, shall and may be at once appropriated by the Officer administering the Government in Manner aforesaid, after the Production of the Certificate of the Official Administrator of Intestate Estates to the Effect above specified. III. At the Expiration of the fifth Year of such Monies remaining unclaimed, it shall be necessary for the Official Administrator to cause Advertisements to be published both in this Colony and in the Mother Country of the Deceased to the effect that if no Claimant appear within Twelve Months to the Funds in Question, the Supreme Court of this Colony on Motion made in that Behalf by the Colonial Government will declare such Funds confiscated for Colonial Purposes, and that whether any Claimant appear or not, the Expenses attendant on such Advertisements be deducted from the Funds advertised. IV. It shall be lawful for the Officer administering the Govern Lodgment of ment in his Discretion to direct that all or any unclaimed Balances as aforesaid at any time previous to the Expiration of Six Years as aforesaid, be lodged in a chartered Bank within this Colony, Bank. at such Rate of Interest as may be procurable, and that the Amount of such Interest shall be added to, and considered a Portion of such unclaimed Balance as aforesaid. No. 1. OF 1855. unclaimed Balances in a chartered An Ordinance to enforce Neutrality during the Contest now Title. existing in China. [15th January, 1855.] WHEREAS it is necessary that strict Neutrality be main- Preamble. tained by all Residents within the Colony of Hongkong 'between the different Parties at present contending for Dominion in the Empire of China, and existing Legislation does not ⚫ sufficiently Armed Chinese val of. Neutrality. sufficiently provide for the Punishment of those who shall 'violate such Neutrality: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I & II. Expired. III. If any armed Vessel whatsoever carrying any Chinese Vessels, Remo- Flag be found within any of the Waters of this Colony, and such Vessel shall not depart therefrom within Twenty Four Hours after a Notice to depart from these Waters, signed by the Colo. nial Secretary, has been served on Board thereof, such Vessel shall, with everything found on Board of if, be seized and sold or made forfeit to the Crown on due Condemnation by the Chief Magistrate and two other Magistrates. [* See Ord. No. Guns, Cannon, lony prohibited from 1st February, 1855. Penalty. Sale of Arms and Ammuni a Permit. Exception, Permit how IV. From and after the First Day of February no Person shall within Hongkong and its Dependencies or the Waters thereof manufacture any Gun, Cannon, or other Machine which can be used for the Discharge of Ammunition, or any Shot or any Gunpowder, or other explosive Substance of the Nature of Gunpowder, or capable of being employed in discharging Cannon, or any Stink-pots, or any Composition of the same or similar Nature as that whereof Stink-pots are composed, under Penalty, upon Conviction of a Breach of any Part of this Section, to Imprisonment for a Term not exceeding Twelve Months and of a Fine not exceeding Five Hundred Dollars, such Penalties to be Accumulative or not at the Discretion of the adjudicating Tribunal. V. No Person shall, within Hongkong and its Dependencies or the Waters thereof, sell, barter, or willingly part with the Possestion to require sion, under any Excuse whatsoever, of any Gun, Cannon or other Instrument which can be used for the Discharge of Ammunition (excepting always European Fowling Pieces and Pistols of every Description whatever), or any Shot, or any Gunpowder, or other explosive Substance of the Nature of Gunpowder, or capable of being employed in the same Manner as Gunpowder, without having previously obtained, in each particular Instance, a Permit in Writing from the Chief Magistrate or any Two Justices of the Peace, and such Permit shall state the Nature of the Transaction and the Person to whom the Property is to be transferred: Provided always, that the Necessity for such Permit shall not extend to European Gunpowder in Quantities not exceeding Five Pounds at one Time on any one Day, and that any Person convicted of a Breach under this Section shall be liable to a Fine not exceeding One Thousand Dollars, or to Imprisonment for a Term not exceeding Twelve Months. obtained, and Nature thereof. European Gun powder under Power to search suspected Places. -Disposal of Articles found. VI. If any Magistrate or the Chief or Assistant Superintendent of Police shall have reasonable Cause to suspect that any of the different Articles whose Manufacture is prohibited by this Ordinance, are in Process of Manufacture in any House or Place, it shall be lawful for any or either of such Officers to direct any Constable to cause any such House or Place to be entered and searched at any Hour of Day or Night, and such Magistrate or Chief or Assistant Superintendent of Police may empower such Constable to use Force for effecting such Entry, whether by breaking breaking open Doors or otherwise, and if upon Search thereupon VII. All Fines inflicted under this Ordinance shall be paid into Disposal and the Office of the Colonial Treasurer and shall be recoverable in a Recovery of summary Manner according to the provisions of Ordinance No. Fines. 10. of 1844, intituled "An Ordinance to regulate summary Pro 66 ceedings before Justices of the Peace, and to protect Justices in "the Execution of their Office." VIII. Nothing in this Ordinance contained shall be held to extend to Government Naval or Military Stores. 6 6 6 No. 2. OF 1855. Government An Ordinance to provide for and regulate Process in Actions Title. at Law against Persons absent from the Colony. [19th January, 1855.] WHEREAS by the Laws at present in Force there are no Preamble. Means by which Actions at Law can be successfully pro'secuted against Persons absent from the Colony, because there is no Process by Foreign Attachment or otherwise for compelling either Defence or Appearance on Behalf of any such Defendant :' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. In every Action at Law which shall hereafter be commenced in the Supreme Court of Hongkong wherein the Writ of Summons or of Capias shall as to any Defendant named therein be returned Non est inventus, if upon or after such Return an Affidavit shall be filed on Behalf of the Plaintiff (in addition to a full Affidavit of the Cause of Action) that such Cause of Action arose within this Island or its Dependencies, and that to the best of the Deponent's Belief such Defendant does not reside within this Island or its Dependencies, and is to the best of the Deponent's Belief possessed of or entitled to or otherwise beneficially interested in any Lands, Monies, Securities for Money, Chattels, or other Property in the Custody or under the Control of any Person or Persons in this Island or its Dependencies (to be named in such Affidavit), or that any such Person or Persons is or are indebted to such Defendant, the Plaintiff may proceed against such Defendant by Process of Foreign Attachment in the Manner herein-after directed. On any Return of Non est inventus and on Affidavit filed, &c. Plaintiff may proceed against an absent Defendant by Foreign At tachment. II. At any Time after the Filing of such Affidavit as aforesaid, Form ofAttacha Writ of Foreign Attachment shall be issued at the Plaintiff's ment and how Instance as of course, and every such Writ shall be in the Form or to the effect of the Form contained (in the Schedule to this Ordinance marked A.), and be returnable into the said Court not less served. Proviso as to Foreign Attachment. than Fourteen Days nor more than Sixty Days next after the Date thereof, and shall be served upon the several Garnishees or Persons therein named, in whose Hands it is intended thereby to attach any such Lands, Monies, Chattels, or Debts, by delivering a Copy thereof to each such Garnishee personally or by leaving the same at his then, or then last usual Place of Abode: Provided always, that final Judgment shall in no Case be signed in any such Action Cause of Action until an Entry shall have been made on the Record of the Issue of such Writ of Attachment, with a Suggestion of the Fact that the Cause or Causes of Action so arose as aforesaid, and that in Case it shall at any time appear that the Cause of Action did not arise within this Island or its Dependencies, the Attachment shall be forthwith dissolved with Costs, to be paid by the Plaintiff to such Parties and in such Manner as the Court shall direct. accrued. Public Notice to be given. Property and from the Time of Attachment served. Enquiry as to Hands. III. In addition to such Service the Plaintiff shall also cause a Notice of the Issue of such Writ, signed by him or his Attorney, to be published not less than twice in the "Government Gazette," and also not less than twice in One Newspaper published within this Colony, and every such Notice shall be in the Form or to the Effect of the Form contained in the Schedule to this Ordinance marked B., and the last of such Publications thereof shall be One Week at the least before the Day on which the Writ of Attachment shall be so made returnable. IV. From the Time of the Service of such Writ upon any such Garnishee or Person as aforesaid, all and singular the Lands, Monies, and Chattels, Bills, Bonds, and other Property of whatsoever Nature in the Custody or under the Control of such Garnishee, then belonging to the Defendant against whom the same Writ issued, or to, or in which such Defendant shall then be legally or equitably entitled or otherwise beneficially interested, and whether solely or jointly with any other Person or Persons, and all Debts of every Kind then due by any such Garnishee to such Defendant, although the same or Part thereof may be payable only at a future Day, shall to the Extent of such Defendant's Right, Title, and Interest therein respectively be attached in the Hands of such Garnishee and (subject to any bonâ fide prior Claims or Liens thereon) be liable to the Satisfaction of the particular Demand or Cause of Action of which he shall by the said Writ have had Notice; and any such Garnishee or Person who shall without the Leave of the Court, at any Time after such Service and before the said Attachment shall be dissolved as herein-after mentioned, sell or otherwise knowingly dispose of or part with any such Property or pay over any such Debt or any Part thereof, excepting only to, or to the Use of the Plaintiff in such Writ, shall upon the Application in a summary Way of such Plaintiff to the Court, and on Proof of the Facts to the Satisfaction of the Court, pay such Damages to the said Plaintiff as the said Court shall in that Behalf think fit to order. V. Upon the return of every such Writ of Attachment as aforesaid, or as soon after as conveniently may be, and upon such other Day or Days of Adjournment, if any, as shall in that Behalf be directed, the said Court shall proceed to enquire and determine whether in Fact the Plaintiff's Cause of Action arose within this Island or its Dependencies, |