Crown Fees

and Costs to be payable in Dollars only.

1854, so far as the same can be thereunto applied by the Taxing Master; but the Fees of Court in the said Jurisdictions (except as aforesaid) for copying or engrossing shall in no Case exceed the Rates provided by the First Schedule to the Ordinance No. 14 of 1856.

XIV. Has had its Effect.

XV. Has had its Effect,

XVI. All Crown Fees payable under this or any Ordinance relating to the Supreme Court, and all Costs payable by or to the Crown (except in Admiralty Cases), shall be paid in current Dollars only.

BE

"Justice" to in- follows :

clude "Court," and" Party

to include

"Crown."

Meaning of

and "Respon

"Appellant"

dent."

Application

may be made

within Three

Case ;

and must be

granted except it be frivolous.

No. 4. of 1858.

An Ordinance for Summary Jurisdictions and Appeals to
the Supreme Court.
[22d March, 1858.]
E it enacted by His Excellency The Governor of Hongkong,
with the Advice of the Legislative Council thereof, as
I. The word "Justice" in this Ordinance shall include every
Court of Summary Jurisdiction, and whether of primary Juris-
diction or appellate, except the Supreme Court; and the word
Party" shall include the Crown; and the word “ Appellant"
shall mean the Party applying under Section Two of this
Ordinance; and the word "Respondent" shall mean the opposite
Party.

II. Within Three clear Days after the Determination by a Justice of any Suit, Information, or Complaint, which he hath or shall have power to determine in a summary Way, either Party to Days to state a the Matter so determined may apply in Writing to the said Justice, to state and sign a Case setting forth the Facts of the said Matter, and the Grounds of the said Determination, for the Opinion of the Supreme Court thereon; which Application the said Justice is hereby required to grant, unless he have reason to believe that the same is merely frivolous, (in which case only he may refuse the same,) and shall thereupon, upon receiving from the said Appellant the Crown Fee of One current Dollar, sign and deliver unto him a Certificate of such Refusal; yet so as that, if any such Application be made officially by the Attorney General, or under his Fiat, the Justice to whom the same is made shall be bound to grant the same, whatever may be his Belief in that behalf.

Recognizance of Appeal.

Fees payable.

III. On the said Application being granted, and before the said Case being stated and delivered by the said Justice, the Appellant shall enter into a Recognisance before him, or any other Justice exercising the same Jurisdiction, with or without Sureties, and in what Sum to the said Justice shall seem meet, conditioned to prosecute his Appeal in that behalf, without Delay and with Effect, and to submit to the Judgment of the said Supreme Court, and pay such Costs as may be awarded by the same; and the said Appellant shail likewise, before the delivering of the said Case, pay, in respect of the said Recognisance and Case

Appeals from Justices.

Case respectively, to the Clerk taking the said Recognisance and delivering the said Case respectively, the Crown Fees according to the Scale following, that is to say :

(1.) For the said Recognisance, Two current Dollars.

(2.) For drawing and copying the Case, if not exceeding Five Folios of Seventy-two Words each, Three current Dollars.

(3.) If the Case exceed the said Five Folios, then for every additional Folio, Thirty Cents.

IV. If the Appellant be in Custody at the Time of the taking Further Condiof the said Recognisance, the same shall be further conditioned tion in case for his Appearance before the said Justice, or (if that be unsuit- Appellant is in Custody. able) before some other Justice, who shall be sitting and exercising the same Jurisdiction, within Ten Days after the Judgment shall have been given by the Supreme Court on the said Appeal, to abide the said Judgment, unless thereby the Determination so appealed against shall have been reversed: And every such Appellant, upon entering into a Recognisance so further conditioned as aforesaid, shall be immediately liberated from such Custody.

If the Justice refuses the Supreme Court may rule a stated.

Case to be

V. In case of the Refusal of a Justice to state or deliver a Case under this Ordinance, the Appellant may, upon an Affidavit of the Facts, apply to the Supreme Court for a Rule calling upon the said Justice, and also upon the Respondent, to show Cause why the said Case should not be stated or delivered; which Rule (if granted) may afterwards be made absolute or discharged by the said Court, with or without Payment of Costs by the said Justice Costs. or either Party, as the Circumstances shall require; and if the same be made absolute, the said Justice shall, upon being served therewith, and upon the Conditions specified in Sections Three and Four respectively being complied with, state and deliver a Case accordingly.

VI. Within Three clear Days after a Case has been delivered to an Appellant under this Ordinance, he shall first transmit a Copy thereof with a Notice in Writing of his Appeal to the Respondent, and shall thereupon transmit the said Case to the Supreme Court, and the Case when so transmitted shall be set down for Argument in Court or in Chambers, by the Registrar of the said Court, at the Request of either Party, Four clear Days before the Day appointed for the said Argument; yet so as that Notice in Writing of the same having been so set down be given by the Party so requesting, to the opposite Party, Four clear Days before the Day so appointed.

VII. The Supreme Court shall hear and determine every Question of Law or Fact, arising upon a Case so set down, and shall (according to the Circumstances thereof) affirm, amend, or reverse, the Determination in respect whereof the said Case shall have been stated, or remit the Matter of such Determination with the said Court's Opinion thereon to the said Justice, or make such other Order with respect to the said Matter, as shall be requisite to the due Adjudication thereof, or remit the said Case to him, with Direction to make a new Determination, or (as the Case may be)

to

Cases to be
transmitted,
&c. within
Three Days;
and set down
Four clear
Days before
Argument.

Orders of the
Court shall be

conclusive.

Costs.

Determinations after Appeal may be enforc ed.

Appeals from Justices.

to amend the same, and to return it to the Court, within such Time as the Court may direct, and shall postpone Judgment thereon, until after the same shall have been so returned, and then shall deliver Judgment thereon accordingly, as to the Court shall seem meet; and the Court may likewise make all such Orders with respect to Costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a Case under this Ordinance, shall be liable to Costs for or by reason of the same, or of the Determination in respect whereof the same shall have been stated.

VIII. The Laws relating to the Enforcement by Justices or others, of Determinations of Justices not appealed against under this Ordinance, shall extend to and be applied by Justices or others in the Enforcement of Determinations affirmed, or amended, or made, under this Ordinance, and also to the Judgments of the said Supreme Court, upon any Appeals under the same; and all Justices shall be bound to conform themselves in the Premises to the Directions, Opinions, and Judgments of the said Court.

Certiorari or IX. No Certiorari, Mandamus, or other Writ, shall be requisite Mandamus not for carrying into Effect this Ordinance.

required.

Forfeited Recognizances.

General Rules

and Orders of the Supreme Court.

X. The Laws for the Time being in force with respect to the Proceeding upon Recognisances forfeited before Justices or at Sessions, shall extend to all Recognisances which shall be taken under this Ordinance, and any of the Conditions whereof shall not have been complied with; yet so as that, upon every such Recognisance there shall be endorsed the Certificate of a Justice, stating in what respect the said Conditions have not been complied with, which Certificate shall be deemed to be primâ facie Evidence of the Forfeiture of the said Recognisance.

XI. The Supreme Court shall have Power (with Consent of the Legislative Council) to make and alter from Time to Time any General Rules and Orders of Court, for the better Regulation of the Practice and Proceedings under this Ordinance, and subject thereto and to this Ordinance the said Practice and Proceedings shall be regulated, so far as practicable, by Analogy to the Practice and Proceedings for the Time being observed in the Superior Courts of Law at Westminster, with respect to Appeals 21 Vict. c. 43. under the Act of Parliament of the Twenty-first Year of the Queen, Chapter Forty-three.

Summary Convictions for

Burglaries, &c. [See Ord. No.6. of 1862.]

XII. Henceforward the Summary Jurisdiction of Petty Sessions in Criminal Cases shall not be ousted merely because the Offence charged or proved shall amount to a Burglary, Housebreaking, breaking or entering a Curtilage, stealing in a Dwellinghouse, Shop, or Curtilage, or stealing from the Person: Yet so as that it shall be the Duty of the said Court and of all Justices (where the Offence is of an aggravated Nature) to commit such Offenders to the Supreme Court for Trial.

Regulation of Chinese Population.

No. 8. OF 1858.

An Ordinance for Regulation of the Chinese People, and
for the Population Census, and for other Purposes of
Police.
[10th May, 1858.]

ВЕ

E 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. Has had its effect.

lished.

II. The Census and Registration Office presently existing in Census and Victoria shall, for the Purposes of this Ordinance, be continued Registration and established, together with the Registrar General and other Office estabthe Officers and Assistants by whom the Duties and Business thereof have been hitherto performed; and also together with the Classification presently existing, in the Books of the said Office, of Boats and Vessels, for the Purposes of the Schedule to this Ordinance.

III. The several Persons now being the Registrar General, Appointments Officers, and Assistants, of the said Office, shall discharge the of Officers. Duties and Business thereof in future at their present Salaries during His Excellency's Pleasure; and upon any vacancy, His Excellency may from Time to Time nominate and appoint such Person or Persons to be such Registrar General, Officers, and Assistants respectively, and at such Salary and Salaries as to His Excellency shall seem meet, and also remove him or them at His Excellency's Discretion from Time to Time, and nominate and appoint another or others in his or their Room; yet so as that Her Majesty's Pleasure shall be taken as to every Nomination, Appointment, and Removal of a Registrar General, and as to every new Limitation of Salary under the Provisions of this Section.

neral.

IV. The Registrar General is, by virtue of his Office, and for Powers and the Execution of this Ordinance, and not otherwise, the Protector Duties of the of Chinese Inhabitants within this Colony, and as such is bounden Registrar Geto use his best Endeavours to prevent the Commission of Crime, and, if committed, to discover and apprehend the Parties guilty thereof, and generally to watch over and protect the said Chinese Inhabitants; and, for the Purposes aforesaid only, he is empowered to enter at any reasonable Time or Times, as he shall find meet, any Building soever within this Colony, or Vessel or Boat soever within the Waters of the same or adjacent thereto, if such Building, Vessel, or Boat shall then have any Chinaman within or on Board of the same.

V. The other Officers and Assistants in the said Census and Duties of the Registration Office shall be obedient and assisting unto the said other Officers Registrar General in the Execution of this Ordinance. and Assistants.

volve

upon the

VI.* The Powers and Authorities touching the Direction and The Chief MaSuperintendence of the Police Force, which by Ordinance 12. of gistrate's Au1844 were vested in the Chief Magistrate of Police, are from thority to dehenceforth vested in, and shall be exercised by, the Superinten- Superintendent dent of Police for the Time being, constituted under the said of Police. Ordinance; and obedience shall be rendered by the Police Force M

[*SeeOrd. No.9. of of 1862.]

Numbers to be painted.

Power to elect and appoint Tepos.

Powers and
Duties of the
Tepos.

Salaries of the
Tepos.

Unlicensed

Regulation of Chinese Population.

of this Colony to the Orders of the said Superintendent of Police, and to all Rules and Regulations by him made or to be made with the Approbation of the Governor in Council; and the Registrar General is hereby empowered to require from the Superintendent of Police, or in his Absence from the Officer acting for him, the Services of such of the subordinate Members of the Police Force as he may deem necessary for the due Execution of the Duties of his Office, and the said Force when so required shall receive Orders from the Superintendent of Police or Inspector on Duty, to obey the Commands of the said Registrar General in the same Manner as those of the Superintendent of Police.

VII. Every Person occupying a House, shall cause the Number thereof to be continued upon or painted and affixed to such House, in such wise as the Registrar General shall direct.

VIII. His Excellency in Council shall have Power to approve for, and appoint to, the office of Tepo in any Town, Village, Hamlet, and District of this Colony, a proper Person to be presented unto him by the Occupiers of Chinese Houses therein, or (in Default of such Presentment) to be nominated by His Excellency in Council for that Purpose.

IX. Every Tepo shall have, throughout his Town, Village, Hamlet, or District, but not further or otherwise, the same Powers and Authorities, and perform the Duties of Constable, and, in that Capacity, shall be immediately subordinate unto the Registrar General, and shall conform to whatsoever lawful Orders, Rules, and Regulations he shall, with the Approbation of His Excellency, frame and issue for the better Execution of their Duties under this Ordinance.

X. The Amount of the Salary of each Tepo shall be from Time to Time fixed by His Excellency in Council, and shall be paid out of the Produce of the Police Tax.

XI. The Hawking of Goods or Wares in the Streets or Roads Hawking pro- of this Colony, without a Licence from the Registrar General, is hereby prohibited.

hibited.

Conditions and

Fees of Hawking Licences.

The Registrar General to grant Undertakers Licences.

None but Licensed Under

XII. No Licence for such Hawking shall be granted by the Registrar General to any Person except subject to Forfeiture on Conviction of the Holder of any Offence before any Justice of the Peace. And every Applicant, on receiving his said Licence, shall pay therefor to the Registrar General, to the Use of the Crown, the Fee in that behalf mentioned in the Schedule hereunto annexed.

XIII. The Registrar General shall grant to such fit and proper Persons, being Chinamen, as shall make Application unto him in that Behalf, Licences to undertake and perform the Burials of Chinese Dead in the Cemeteries, and after the Manner prescribed by Law; and every such Licence shall be limited in Duration to One Year, but renewable at the Expiration of each Year; and there shall be paid to him to the Use of the Crown for every such Grant or Renewal the Fee in that Behalf specified in the Schedule hereunto annexed.

XIV. No Person, not being an Undertaker licensed under Section Thirteen, shall henceforward undertake or perform any Burials