6 Good Order and Cleanliness. XXX. Repealed. XXXI. When any Goods or Money charged to be stolen or Unclaimed unlawfully obtained, and of which the Owner shall be unknown, stolen Goods shall be ordered by any Magistrate to be delivered to the Super- delivered to the Superinintendent of Police, it shall be lawful for such Magistrate after tendent of Pothe Expiration of Twelve Months during which no Owner shall have appeared to claim the same, to order such Goods or Money to be sold or disposed of towards defraying the Expenses of the Police Force. 6 lice may be sold after Twelve Months. mations. XXXII. And whereas Informations are often laid for the mere Amends may sake of Gain, or by Parties not truly aggrieved, and the Offences be awarded for charged in such Informations are not further prosecuted, or it frivolous Inforappears upon Prosecution that there was no sufficient Ground for making the Charge;' be it enacted, That in every Case in which any Information or Complaint of any Offence shall be laid before any Magistrate and shall not be further prosecuted, or in which, if further prosecuted, it shall appear to the Magistrate by whom the Case shall be heard, that there was no sufficient Ground for making the Charge, the Magistrate shall have Power to award such Amends, not exceeding the sum of Ten Pounds, to be paid by the Informer to the Party informed or complained against, for his Loss of Time and Expenses in the Matter, as to the Magistrate shall seem meet. Information. XXXIII. In case any Person shall lodge any Information Penalty on before any Magistrate for any Offence alleged to have been com- Common Inmitted, by which he was not personally aggrieved, and shall formers for afterwards directly or indirectly receive without the Permission compounding of a Magistrate any Sum of Money or other Reward for compounding, delaying, or withdrawing the Information, it shall be lawful for any Magistrate to issue his Warrant or Summons, as he may deem best, for bringing before him the Party charged with the Offence of such compounding, Delay, or Withdrawal; and if such Offence be proved by the Confession of the Party or by the Oath of any credible Witness, such Informer shall be liable to a Penalty of not more than Ten Pounds. XXXIV. For every second or subsequent Offence under this Second Offence. Ordinance the Offender shall be liable at the Discretion of the convicting Magistrate, to a Penalty in double the Amount, or to be imprisoned with or without Hard Labour for any Length of Time not more than Fourteen Days where the pecuniary Penalty imposed for the first Offence does not exceed Five Pounds, and for any Time not more than One Month where the pecuniary Penalty imposed for the first Offence does not exceed Ten Pounds. XXXV. If any Goods or Money charged to be stolen or fraudulently obtained shall be in the Custody of any Constable by virtue of any Warrant of a Magistrate, or in Prosecution of any Charge of Felony or Misdemeanor in regard to the obtaining thereof, and the Person charged with stealing or obtaining Possession as aforesaid shall not be found, or shall have been sum- dulently obtainmarily convicted or discharged, or shall have been tried and ed, and in Cusacquitted, or if such Person shall have been tried and found tody of a Conguilty, but the Property so in Custody shall not have been stable. included Power to order Goods charged stolen or frau Power to remand or en large Prisoners on Recogni zances. Expenses of re- of 1856, s. 17; Compensation for Hurt or Damage. Good Order and Cleanliness. included in any Indictment or Information upon which he shall have been found guilty, it shall be lawful for any Magistrate to make an Order for the Delivery of such Goods or Money to the Party who shall appear to be the rightful Owner thereof, or in case the Owner cannot be ascertained, then to make such Order with respect to such Goods or Money as to such Magistrate shall seem meet: Provided always, that no such Order shall be any Bar to the Right of any Person or Persons to sue the Party to whom such Goods or Money shall be delivered, and to recover such Goods or Money from him, by Action at Law, provided that such Action shall be commenced within Six Months next after such Order shall be made. XXXVI. Any Magistrate, if he shall think fit, may remand any Person who shall be charged before him with any Felony or Misdemeanor upon his personal Recognizance (with or without Sureties) and every such Recognizance shall be conditioned for the Appearance of such Person before the same or some other Magistrate, for further Examination, or to surrender himself to take his Trial at the Supreme Court, at a Day and Place to be therein mentioned, and the Magistrate shall be at Liberty from Time to Time to enlarge every such Recognizance to such further Time as he shall appoint, and every such Recognizance which shall not be enlarged shall be discharged without Fee or Reward, when the Party shall have appeared according to the Condition thereof Provided always, that when any Magistrate shall take the Recognizance of any Person to appear at the Supreme Court, the Magistrate shall be bound to return the Depositions taken in the Case, and to bind over the Witnesses to appear and give Evidence in like Manner as if he had committed the Party to take his Trial at such Court. XXXVII. It shall be lawful for the Superintendent or other Officer of Police to require any Person whose Duty it shall be to remove any Filth or Obstruction, or to do any other Matter or Thing required to be done by this Ordinance, so to do within a certain Time to be then fixed by the said Superintendent or other Officer, and that in Default of such Requisition being complied with, the said Superintendent or other Officer shall and may cause to be removed such Filth or Obstruction, or do or cause to be done such other Matter or Thing as aforesaid; and it shall be lawful for the Magistrate before whom the Offender shall have been convicted to order and adjudge such Offender, in Addition to the Penalties herein-before imposed, to pay such Sum of Money for defraying the Expenses of such Removal, or of doing such other Matter or Thing as to such Magistrate shall seem just and reasonable, and the Sum so ordered and adjudged shall be recoverable in the Manner herein-after provided for the Recovery of Penalties imposed by this Ordinance. XXXVIII. Every Person who, by committing any Offence herein forbidden within the said Colony, shall have caused any Hurt or Damage to any Person or Property, may be apprehended with or without any Warrant by any Constable belonging to the Police Force, and if he shall not upon Demand, make Amends for such Good Order and Cleanliness. Supreme Court Amendment. such Hurt or Damage to the Satisfaction of the Person aggrieved, he shall be detained by such Constable in order to be taken before a Magistrate, and upon Conviction shall pay such a Sum, not exceeding Ten Pounds, as shall appear to the Magistrate before whom he shall be convicted to be reasonable Amends to the Person aggrieved, besides any Penalty to which he may be liable for the Offence, and the Evidence of the Person aggrieved shall be admissible in Proof of the Offence. Indictment or XXXIX. Provided always, that nothing herein contained shall Not to prevent be construed to prevent any Person from being indicted or being proceeded against by Indictment or Information for any indictable Offence made punishable on Summary Conviction by this Ordinance, or to prevent any Person from being liable to be proceeded against by Action for any Hurt or Damage caused by him, provided nevertheless that no Person be punished twice for the same Offence, and provided no Compensation shall have been awarded for such Hurt or Damage. XL. The Penalties imposed by this Ordinance shall be recovered Recovery of in a summary Manner under and according to the Provisions of an Penalties. Ordinance made and passed on the 10th Day of April in the year of our Lord 1844, and numbered 10, entitled, "An Ordinance to "regulate summary Proceedings before Justices of the Peace, and "to protect Justices in the Execution of their Office." XLI. Repealed. XLII. In the construction of this Ordinance, the Word "Magis- Meaning of the trate" shall be taken to mean and include every Assistant Magis. Word“ Magistrate, and also every Justice of the Peace acting in and for any District or Place within the Colony. XLIII. Has had its Effect. trate." No. 2. OF 1846. An Ordinance to Amend Ordinance No. 6. of 1845. [6th May 1846.] Title. WHEREAS it is expedient to amend the Ordinance No. Preamble. 6 of 1845, by making Provisions for the Saving of all Proceedings and all Suits formerly depending in the Court of Hongkong, the Abolition of which Court is effected by the 'Second Section of the said Ordinance; as also with reference to the Fourth Section of the said Ordinance, by limiting the 'Operation, in this Colony, of the Laws of England and the Prac'tice of the English Courts to such Laws and Practice as existed when a local Legislature was first conferred on the Colony: 'And whereas also it is deemed advisable to reserve to the Legis'lative Council the Power of revising and approving of the 'Rules and Orders to be made under the Twenty-third Section of 'Ordinance No. 6. of 1845 before the same shall become binding: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. Has had its Effect, II, All Proceedings pending in for mer Court saved. Laws of Eng- on the 5th April 11. of 1865, s.1.] Court to be subject to Approval of Leg. Council and to be pub lished. Title. Preamble. 6 Governor em- Four Thousand Pounds towards Building a Proviso. Two Trustees to be elected by Subscribers and Four nomi nated by the Governor. II. All Proceedings formerly commenced in or adopted under the said former Court of Hongkong, and all Suits and Matters (if any) which may have been pending at the Date of its Abolition, may be continued or revived in the Supreme Court. III. From henceforth such of the Laws of England only, and such Portion of the Practice of the English Courts (subject to the Exception of their Applicability as contained in the Fourth Section of Ordinance No. 6. of 1845), as existed when the Colony obtained a Local Legislature-that is to say, on the Fifth Day of April 1843-shall be of Force therein. IV. No future Rule or Order of the Supreme Court made in pursuance of the Twenty-third Section of Ordinance No. 6. of 1845 shall be deemed binding until the same shall be revised and approved of by the Legislative Council; and all such Rules, immediately after such Approval, shall be published in one or more of the Newspapers published within the Colony. WHE No. 2. OF 1847. An Ordinance to Provide for a Church in Victoria in the I. It shall be lawful for the Governor, by Warrant under his II. Before any Sum or Sums of Money shall be issued as aforesaid, the Parties subscribing shall by Plurality of Votes elect from among themselves Two Persons to act as Trustees, and such Election shall take place at a Meeting of the Subscribers, of the Time and Place of holding which Meeting Ten Days Notice shall have been previously Church. previously published. n the Public Papers of this Colony; and upon Intimation being given to the Governor of the Election of such Two Persons as aforesaid, the Governor shall thereupon nominate, in the Proportion of the Government Share of the Expense of the Building, Four other Persons to act as Trustees; and the Real Estate in the said Church and in all Lands and Hereditaments thereunto belonging shall be thereupon conveyed to the said Trustees so elected and nominated, and their Successors to be elected and nominated as herein-after provided, for ever, in Trust for the Purposes of the said Church. III. Upon the Election and Nomination of Trustees as aforesaid, all Deeds, Books, Plans, Papers, and Vouchers relating to the said Church, and all Sums of Money, Donations, or Subscriptions, given or subscribed for the Purpose aforesaid, shall be delivered over to the said Trustees. IV. The Trustees so elected and nominated as aforesaid shall Trustees to he continue to be and to act as Trustees until the last Thursday in the elected annuMonth of April One Thousand Eight Hundred and Forty Eight, ally. and upon such Day such Trustees shall cease to have any Power or Authority so to act, and Two Persons shall be elected at a General Meeting to be held on that Day, and Four other Persons shall be nominated by the Governor as soon as convenient thereafter to be Trustees of the said Church for the Year immediately ensuing, and a fresh Election and Nomination of Trustees shall in like Manner take place upon every last Thursday in the Month [See Ord. No. 3. transmitted without Delay to the Colonial Secretary: Provided Proviso. V. The Colonial Chaplain for the Time being duly appointed to the said Church, or during his Absence the Clergyman duly appointed to officiate for him, shall at all Times be ex-officio Chairman of the Trustees, but shall not have the Power of voting by reason of being such Chairman except in Cases where the Votes of the Trustees present shall be equal. Colonial Chaplain to he ex-officio Chairman of Trustees. [See Ord. No. 3. of 1850, s. 3.] Vacancy occa. sioned by Death, Resignation.or Removal of Trustees, how to be filled. VI. Whenever any Trustee shall die, or shall resign, or shall leave the Colony, then in case such Trustee shall have been originally elected at a General Meeting, his Vacancy shall be filled by some other Person duly qualified in like Manner as such Trustee, to be elected at a General Meeting to be called for that Purpose as soon as may be convenient by the continuing Trustees or the major Part of them; and in case such Trustee shall have been originally nominated by the Governor, his Vacancy shall be filled as soon as may be convenient by some other Person duly qualified, to be nominated in like Manner : Provided always, that if Proviso. such General Meeting shall not be called within One Month after |