Foreign Attachment. to be provided for, or without any such Application, to make and prescribe all such Rules and Orders, either general or applicable to any particular Case only, touching any of the Matters intended to have been hereby provided for, and touching also the Manner of proceeding before or applying to the Court, and also the Execution of Writs and Orders, and the Allowance and Taxation of Costs under this Ordinance, as to the Court shall seem expedient, and such Rules and Orders from Time to Time to revoke or alter as to the Court shall appear to be requisite, and all Rules and Orders so made and prescribed shall be of the same Force and Effect as if they had been inserted in this present Ordinance; and the Court shall in all Cases whatsoever of Applications made to or Proceedings had or taken before or by Authority of the said Court, or otherwise under this Ordinance, have full Power to award or refuse Costs, the same to be paid by and to such Party or Parties as the Court shall in each Case think fit to order. 66 66 SCHEDULE A. VICTORIA by the Grace of God of the United Kingdom of Great 'Britain and Ireland Queen Defender of the Faith, to the Sheriff of Hongkong and its Dependencies, greeting: Whereas A.B. hath lately in the Supreme Court of Hongkong commenced an Action at Law against C.D. [or against C.D. and E. F.], and the writ of summons [or Capias] in the said action has been returned [or has as to the said C.D. been returned] Non est investus, and the said A.B. hath caused to be filed in the said Court the affidavit required by the Ordinance of this Island, intitutled "An Ordinance to provide for and regulate Process in Actions at Law against Persons absent from the Colony :" Now we command you that you attach in the hand of G.H. [or G.H.R.M. and I.K. respectively] all and singular the lands, hereditaments, monies, securities for money, chattels, and other property which the said C.D. is possessed of or entitled to or otherwise beneficially interested in, and which are or is in the custody or under the control of the said G.H. [or G.H.R.M. and I.K. respectively] at the time of your serving the said G.H. [him or them] with this writ, and also all and every the sums and sum of money in which the said G.H. is [or the said G.H.R.M. and I.K. or either of them are or is] indebted to the said C.D. at the time of such service; And we further command you that you summon the said G.H. [or the said G.H.R.M. and I.K., and each of them] that he [or they] be and appear before the said Court on the then and there to be examined touching the premises, and further to do and receive what the said Court shall then and there consider in this behalf, and have you then there this writ. Our Chief Justice of the Witness the Honourable day of Foreign Attachment. [Notice to be written under or annexed to the preceding.] TAKE NOTICE, that from the time of your being served with this writ, all and singular the lands and other hereditaments, monies, and chattels, bills, bonds, and other property of whatsoever nature in your custody, or under your control, belonging to the abovenamed C.D., or to or in which he is 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 due by you to the said C.D., although the same or part thereof may be payable only at a future day, are to the extent of the right, title, and interest of the said C.D. therein attached in your hands, and (subject to any bonâ fide prior claims or liens thereon) are liable to the satisfaction of the above-named A.B. in the above-mentioned Action; And if you shall before this Attachment is dissolved sell or otherwise knowingly dispose of or part with any such property, or pay over any such debt, or any part thereof, without the leave of the Supreme Court, you will be liable to pay such damages to the said A.B. as the said Court shall in that behalf think fit to order. A.B. [or L.M., Plaintiff's Attorney.] To Mr. G.H. [or G.H.R.M. and I.K. severally.] C.D. Defendant [or C.D.E.F.] Defendants. WHEREAS an action has been commenced in this Court at the suit of the above-named A.B., against the above-named C.D. [or C.D. and E.F.], to recover [state shortly the cause of action in substance, and the amount sworn to, if for a sum certain], and it being alleged that the said C.D. does not reside within this Island or its Dependencies, a Writ of Foreign Attachment has been issued, returnable on the day of G.H. of is garnishee [or G.H. of and I.K. of wherein R.M. of , are garnishees]: Notice is hereby given thereof, and that if at any time before final judgment in this action, the said C.D. or any person on his behalf will give the security and notice, and file the appearance or plea required by the Ordinance of this Island, intituled [insert title], the said Attachment may be dissolved. day of Dated this 185 A.B. [or L.M., Plaintiff's Attorney]. SCHE are and each of us is jointly and severally bound unto C.D., Dated this 185 WHEREAS an action at law hath lately been commenced in the Supreme Court of Hongkong at the suit of the above-bounden A.B. against the above-named [C.D. or C.D. and another], and a Writ of Foreign Attachment hath, on the application of the said A.B., been issued therein; and whereas the said A.B., being about to proceed in the said action, it is necessary for him to give the security required by the Ordinance of this Island, intituled "An "Ordinance to provide for and regulate Process in Actions at "Law against Persons absent from the Colony," and the abovebounden N. O. and P.Q. have agreed to become his sureties: Now the condition of this obligation is, that if the said A.B. his Executors or Administrators shall pay or cause to be paid to the said C.D., his Executors or Administrators, all and every the sums and sum of money which he shall receive or recover in or by reason of the said action, in case the judgment obtained therein shall be hereafter reversed or vacated, and also all and every the sums and sum of money, damages, costs, and charges which by the said Court shall at any time hereafter be adjudged or ordered to be paid by the said A.B., his Executors or Administrators, to the said C.D., his Executors or Administrators, for or by reason or on account of or in any manner relating to the said action, and the said Attachment or either of them, or any proceedings hitherto taken or hereafter to be taken in or under the same respectively, or any judgment that may be obtained, or any execution or executions that may be issued in the same action, then this obligation shall be void, otherwise it is to remain in full force. WHEREAS an action has been commenced in this Court, at the suit of the above-named A.B., against the above-named C.D. and E.F. as copartners carrying on business under the style or firm of and no appearance has been entered for the said C.D. in the said action, and he is alleged to be absent from the Colony: Notice is hereby given that unless the said C.D. or some person on Foreign Attachment. Registration of Colonial Vessels. day of on his behalf shall enter an appearance for the said C.D. to the An Ordinance to establish a proper System of Registration Title. for Colonial Vessels. [3d March, 1855.] [See Ord. No. 9. of 1856.] WHEREAS many illegal Acts have resulted from the im- Preamble. propei Use of Registers granted at Hongkong under the Provisions of the Imperial Acts to Vessels employed solely in trading with the Mainland of China, and it is necessary that legal Trading should be protected and illegal Trading pre' vented :' Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. From and after the passing of this Ordinance no Ship or Vessel whatsoever owned by a British Subject shall be at Liberty to trade in any of the Harbours of this Colony, unless in the Case of an outward trading Ship or Vessel she be provided with a Certificate of Registry in conformity with the Imperial Acts of Parliament in that Behalf; and in the Case of a China trading Ship or Vessel she has in all respects complied with the Require ments of this Ordinance. No British Vessel, without either an Impe rial or Colonial Register, to use the Waters of this Colony. II. Henceforward when any Person or Persons shall be desirous Declarations of obtaining a Register for a Ship or Vessel in this Colony, it necessary for shall be necessary for such Person or Persons to forward to the obtaining ReColonial Secretary a Declaration in Writing stating whether the gister. Ship or Vessel for which such Register is sought is intended to be employed solely in Trade with China or on more distant Voyages, and that according to such Statement a Register shall be granted to such Ship or Vessel, either an Imperial Register as prescribed by the Imperial Acts in that Behalf, or a Colonial Register as laid down in this Ordinance: Provided always, that should such Declaration be false, or the Ship or Vessel to which it relates not be employed in conformity with it, the Register thereby obtained whether Imperial or Colonial shall ipso facto become null and void. III. A Colonial Register shall be given under the Hand of the Documents neGovernor, Lieutenant Governor, or Officer administering the cessary preGovernment of this Colony, on Production of the following Documents:- by Section VII. vious to Grant of Colonial Register. Name of Colonial Registered Ship. Production of Chinese Crown Registration of Colonial Vessels. (2.) A Declaration of Ownership with Proof thereof to the Satisfaction of the Colonial Secretary. (3.) A joint and several Bond of the Owner and two Sureties binding each and every of the several Obligees under a penal Sum of One Thousand Dollars, to comply with all the Provisions of this Ordinance and with all the Laws binding on British Subjects with regard to Trade with China. IV. It shall not be lawful for the Owner or Owners of any Colonial Registered Ship or Vessel to give her any Name other than that of her Registry, and such Owner or Owners before such Ship or Vessel shall after Registry take in any Cargo or leave this Colony are required to paint or cause to be painted in white or yellow Letters not less than four Inches long her Name upon some conspicuous Part of her Stern in a distinct and legible Manner, and both in Roman and Chinese characters, and shall so keep and preserve the same upon Pain on Breach of the Provisions of this Section, in addition to any other Pains and Penalties and Forfeitures in this Ordinance contained, to a Penalty not exceeding Five Hundred Dollars. V. The Register of every Colonial Registered Ship or Vessel shall be produced once at least every Six Months to the Harbour Master, who shall endorse the Date of such Production on such Register upon Pain on Failure of such Production of the Forfeiture of such Register, unless satisfactory Cause for such Nonproduction be shewn to the Colonial Secretary. VI. It shall be lawful for Chinese Residents within this Colony Lessees entitled to apply for and obtain Colonial Registers, provided the Person or to hold Colonial Persons applying as Owners be registered Lessees of Crown Lands Register. within this Colony, and that such Owner or Owners tender as Securities for the due Performance by them of all the Requirements of this Ordinance two other Crown Lessees, and that such Owners and such Lessces be severally reported by the Registrar General to the Satisfaction of the Colonial Secretary to be each worth Two Thousand Dollars in this Colony, and should such Owner or Owners be Member or Members of any Shop or Partnership that the Seal of such Shop or Partnership be also affixed to the Security to be given by such Owner. Harbour Master's Certificate. Fees payable. Change of Owner or Master. VII. The Certificate to be granted by the Harbour Master shall specify the proper Measurement of the Ship or Vessel requiring a Colonial Register, and that such Ship or Vessel has proper Anchors and Chains, Canvas Sails, her Bottom sheathed with Metal, and that her Master is a British Subject or a Person conversant with the English language. VIII. A Fee of Twenty-five Dollars shall be paid on the granting of the Harbour Master's Certificate, and on the Issue of every Colonial Register a further Fee of Twenty-five Dollars shall be paid to the Colonial Secretary, and these two Sums shall include all Charges necessary for the Issue of a Colonial Register. IX. Upon any Change of Ownership in any Colonial Ship or Vessel registered under this Ordinance, such Change as aforesaid shall be endorsed upon her Register under the Hand of the Governor, Lieutenant Governor, or Officer administering the Govern ment |