Venereal Diseases. Licence for Sale of Opium. in Gaol or in Hospital, and may be either with or without Hard Labour as the Court shall adjudge. XXI. In all Cases in which Fines shall be imposed under the Provisions of any Section of this Ordinance, and the Brothel Keeper on whom such Fine shall be imposed shall be unable to pay or discharge the same, then the same shall be recovered from the immediate Landlord or Lessor of such House; and in case such Landlord or Lessor be not known or cannot be ascertained, then from the Crown Lessee of the Plot of Ground on which such House may be erected or built, provided it be proved to the Satisfaction of the Magistrate, that such Crown Lessee was cognisant of the Purposes for which such House shall have been let or occupied. XXII. No House in which any Trade or Business shall be carried on shall be registered, or be capable of becoming a Registered Brothel under the Provisions of this Ordinance. XXIII. No Monies which shall be raised under the Provisions of this Ordinance by way of any Fee shall at any Time be applied or applicable to any Purposes other than or different from the Specific Purposes for which the same are to be raised, and to which they are to be applied under the Provisions of this Ordinance. in Gaol or Hospital. From whom Fines may be recovered. No Trade to nance. Power to Governor to make Bye-Laws and XXIV. His Excellency in Council is hereby empowered from Time to Time to make such Regulations and Bye-Laws as may be deemed necessary for carrying into effect the Provisions of this Ordinance, and for the Regulation and Control of Registered Regulations. Brothels within the aforesaid Districts. XXV. All Cases arising under this Ordinance shall be tried Penalties how and adjudicated by, and all Fines and Penalties herein mentioned, to be recovered. and all Sums herein declared to be recoverable, shall be sued for and recovered before, any Magistrate of Police, either singly, or any two or more Justices of the Peace in the Manner provided by Ordinance No. 10. of 1844, entituled "An Ordinance to regulate "Summary Proceedings before Justices of the Peace, and to protect "Justices in the Execution of their Duty." No. 2. of 1858. AN Ordinance for licensing and regulating the Sale of Title. prepared Opium. [17th March, 1858.] BE it enacted by His Excellency the Governor of Hongkong, Preamble. with the Advice of the Legislative Council thereof, as follows: I. Has had its effect. The Opium Privilege to be sold to the highest Bidder, if the Governor II. His Excellency the Governor in Council may grant unto any Persons, for such Considerations, and upon such Conditions, and for such Terms or Periods, and in such Form as from Time to Time shall be by His Excellency in Council regulated and determined, and also previously notified to the Public in the in Council "Hongkong Government Gazette," the sole Privilege of boiling think fit. and preparing Opium, and of Selling and Retailing within the said Colony, or the Waters thereof, Opium so boiled or prepared ; and such Privilege may from Time to Time be granted to the highest Who may grant Default in Paymert and Resale. Other Dealings forbidden. Persons eniployed in the Public Service disqualified. Certificate of Sale to be given to Purchaser. Prohibition in other Cases. Licence for Sale of Opium. highest Bidder, to be ascertained either by Public Auction or by Tender, to be made in pursuance of Notice to be published in the said Gazette to that Effect; but every such Bidder shall, before he is declared the Purchaser of the Privilege, give Bond, with Sureties, in the Sum of Ten Thousand current Dollars at the least, to the satisfaction of His Excellency in Council, for the due Performance of the Conditions of the Privilege, and of his Stipulations in respect thereof. III. The Person, if any, actually holding any such Privilege, or in Default of any such Person, His Excellency in Council, is hereby empowered to grant Licences to all proper Persons, authorizing them to boil and prepare Opium, and to sell and retail Opium so boiled and prepared; but such Licences shall be granted subject to such Conditions as shall from Time to Time be by His Excellency in Council regulated and previously notified in Manner aforesaid. IV. If the Consideration Money for any such Privilege, or any Instalment thereof, be not paid within One Month next after the Day appointed for the Payment thereof, the said Privilege shall become and be absolutely null and void; and, over and above all other such Liabilities as are herein-before or herein-after created, the Person making Default in such Payment shall thereupon become and be liable to make good to the Government, all Losses or Expenses incurred by, or by reason of, such Default, or any Resale or Regrant of such Privilege, which His Excellency in Council may thereupon make, and to make which he is hereby authorized. V. From henceforward, no Person not holding any such Privilege or Licence, or save as he may be by such Privilege or Licence in that Behalf authorized, shall, within this Colony or the Waters thereof, boil or in any way prepare Opium, or sell, retail, or offer or expose for sale or retail, any boiled or prepared Opium; yet so that no Medical Practitioner, Chemist, or Druggist, not being a Chinaman, or (being such) not having an European or American Diploma, shall be prevented from preparing or selling Opium bonâ fide for medicinal Purposes, the Burthen of Proof whereof shall be upon any Person alleging the same in his Defence. VI. Persons employed in any Department of the Public Service, and their Families and Persons in the Employment of them, or of any of them, are disqualified from becoming or being in any way possessed of, or directly or indirectly interested in, any Privilege or Licence under this Ordinance, or the Profits thereof, whether at Law or in Equity, and whether in their own Right respectively, or in the Right of another; and from suing for or in respect of, or in any way enforcing the same. VII. It shall be the Duty of every Person selling or retailing prepared Opium under this Ordinance, to deliver therewith a sealed Certificate, specifying the Amount so sold; which Certificate shall be Evidence of the Facts therein stated, and shall not be transferable. VIII. No Person shall bring into this Colony or the Waters thereof, or (except in Cases to which Section Seven applies) have Licence for Sale of Opium. in his Possession or Custody within the same any prepared Opium. IX. Upon lawful Evidence being first given to the reasonable Satisfaction of a stipendiary Magistrate or the Superintendent of Police, that any Person within this Colony or the Waters thereof hath in his Possession or Custody any Opium contrary to Section Eight, or any Opium prepared, sold, or retailed, contrary to this Ordinance, it shall be lawful for the said Magistrate or Superintendent to issue a search Warrant in that Behalf, and under such Warrant any Member of the Police Force may enter any Tenement, Place, or Vessel, within this Colony or the Waters thereof, and search for, and (if found) seize and hold, subject to the Order of the Court herein-after mentioned, any prepared Opium within such Tenement, Place, or Vessel, and whereof no satisfactory Explanation shall have been given by the Person aforesaid. X. No Regulations to be made under Sections Two and Three shall be contrary to this Ordinance, or inconsistent therewith. XI. The Laws relating to Nuisances, Trespasses, and other Torus, shall not be affected by this Ordinance. XII. For the Breach of any of the Regulations to be so made and notified as in Sections Two and Three mentioned, His Excellency in Council is further empowered from Time to Time, to award and notify in the Gazette all such Penalties as shall be deemed reasonable, which Penalties, when incurred, may be recovered and levied in Manner and Form provided by any Ordinance, for the Time being in Force, for regulating Summary Proceedings for Penalties before the *Court of Petty Sessions in this Colony; and likewise all Violations or Disobediencies of, or Defaults in compliance with, the Provisions of this Ordinance, or of any Regulations made under the Powers hereby created or conferred, shall be heard and determined summarily in the like Manner. XIII. For every Offence against the Provisions of this Ordinance, not otherwise provided for by any Regulations to be made and notified in Manner aforesaid by His Excellency in Council, and actually in Force, there shall be recovered and levied in Manner aforesaid from, or imposed on, the Offender in that Behalf, the Penalties following, that is to say; (1.) For every First Offence, a Fine not exceeding Two Hundred and Fifty current Dollars; or Imprisonment for a Term not exceeding Three Months, nor less than One Day. (2.) And for every subsequent Offence, a Fine not exceeding Five Hundred current Dollars; or Imprisonment for a Term not exceeding Six Months. Power to issue Search Warrants upon law ful Evidence of Facts. Regulations to be consistent with this Ordi nance. Nuisances. Penalties may be awarded by His Excellency in Council for Breach of Re gulations, and all Proceedings under the same or this Ordi nance to be summary. [* See Ord. No. 6. of 1862.] Penalties under this Ordinance. ary Penalty. XIV. If any Charge or Complaint shall be preferred under Informer to be this Ordinance, or under any of the said Regulations, by a Person paid One-half holding any such Privilege or Licence as aforesaid, and upon the of the pecunisaid Charge or Complaint the Defendant thereto shall be convicted, One-half of the pecuniary Penalty (if any) imposed upon the Defendant by the Court, shall be awarded and paid to the Person preferring such Charge or Complaint;-and likewise (if the Penalties for false Charges. Penalties for improper Issuing, Execution, &c. of search Warrants. Proceedings in of Term. The Court, &c. tween the 20th September and the 12th November. the said Charge or Complaint were for any Offence under Section Eight) the whole of the prepared Opium to which the same related shall be forfeited, and by the said Court adjudged and delivered to the Person aforesaid. XV. In dismissing any Charge or Complaint under this Ordinance, on the Ground of the same being false, or frivolous and vexatious, it shall be the Duty of the Court to impose upon the Person bringing the same, any Penalty not exceeding or other than the Penalty which the Defendant, if convicted upon such Charge or Complaint, would have incurred; over and above all Penalties, (if any), which the said Person may have likewise incurred in respect of his said Charge or Complaint, or of his Evidence in Support thereof, under Ordinance No. 7. of 1857, Sections Six and Seven. XVI. Over and above all other Liabilities or Penalties to which by this Ordinance, or any other Law any Person shall become or be subject in respect of his suing out, obtaining, issuing, or executing improperly, and without sufficient Cause, any search Warrant under this Ordinance, the said Person shall be further liable to the Penalties specified in Section Thirteen, to be enforced and levied as herein-before provided. No. 3. OF 1858. An Ordinance for 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 follows: ᏴᎬ 1. Causes, Actions, and all Proceedings whatever, may be heard, had, prosecuted, and determined, as well in Term as out of Term. II. Repealed. III. Except for the Purpose of issuing Writs, receiving Petito be closed be- tions, or completing any Sessions, Hearing, Inquiry, or Trial, actually commenced on or before the Day next herein-after mentioned, the said Court, and the Offices thereof, shall be closed from the Evening of the Twentieth Day of September in each Year, and remain closed until the Morning of the Twelfth Day of November, then next following. Equitable Jurisdiction extended. IV. It shall not be necessary to institute any Proceeding on the Equity side of the said Court, for the Purpose of bringing before the Court any equitable Claim, Defence, or Question, incident or collateral to, or arising out or in the course of, any Proceeding on any other Side of the said Court, or in aid of such last-mentioned Proceeding: But every such Claim, Defence, or Question may be so heard, and determined, on Petition presented, or Motion made, and intituled respectively in such last-mentioned proceeding, or as the Court shall direct : And in every such Case the said Court shall have the like Power to direct Inquiries, Accounts, and other preliminary or consequential Matters, and to enforce its said Directions, and to make interlocutory or final Orders and Decrees in the Premises respectively, as in a Suit or Proceeding Supreme Court. Proceeding commenced by Bill, Petition, Claim, Case, or Summons, on the Equity side of the said Court. V. The said Court may stay Proceedings instituted under Stay of ProSection Four, or in any separate Suit or Matter in Equity, if the ceedings in said Court shall be of Opinion that the same ought not, or (as the such Case. Case may be) ought to be prosecuted under the said Section: And it shall have power to impose such Terms, and give such Directions upon such Stay of Proceedings with respect to Costs, Admissions, or otherwise, as shall be deemed meet. VI. Applications for Inspection under Ordinance No. 3 of Inspection of 1852, Section Four, may be made at any time before Trial or Documents. Hearing. VII. Repealed. made within VIII. Where the Matter in Dispute between the Parties to Applications in any Action consists wholly or in Part of Matters of mere Account, Matters of mere which cannot be conveniently tried in the ordinary Way, it shall Account to be be the Duty of the Plaintiff or his Attorney, or (in his or their One Day after Default,) for the Defendant, or his Attorney, to make such Appli- Issue joined, at cation as is provided by Ordinance No. 6. of 1855, Section Two, latest. to the Court or in Judge's Chambers within One Day after Issue is joined between the said Parties at the latest. IX. Has had its Effect. crease fixed Allowances. X. Wheresoever it shall appear to the said Court (except when Power to insitting in its Admiralty Jurisdiction), that Allowances of any crease or deKind, as fixed by former Enactments, ought generally or in any particular Case to be increased or decreased in Proportion to the Value of Money within this Colony, or the Fluctuations thereof, or the Difference of Currency, it shall be lawful for the said Court to authorize or direct the same respectively to be so increased or decreased accordingly. XI. The Provisions of Section Ten shall be deemed to em- Powers of the power the said Court, likewise to authorize or direct the Taxing Taxing Master Master thereof (but only in each particular Case) to exercise the extended. like Discretion in the Discharge of his own Functions: And he is hereby further empowered, without such Authority or Direction, to make such Allowances in Taxation, as he may deem reasonable and fair, in respect of Matters not expressly provided for by Ordinance, or Rule, or Order of the Court, for the Time being. Taxation. XII. In Taxation of Charges of Attornies, Solicitors, or Proc- As to Distance tors, for their Attendances, and of allowances of Fees to Counsel, and Time in Distance and Time shall be taken into Account, and the same shall be computed respectively from and back to the Office, Chambers, or Residence of the Practitioner, and from the Time of Departure thence to the time of Return thither respectively. XIII. The Fees payable to Attornies, Solicitors, or Proctors Uniformity of in respect of Drawing, Copying, and Engrossing Documents shall Fees in certain Cases. be the same in every Jurisdiction of the said Court, (except the Summary and Admiralty Jurisdictions thereof,) and shall be ascertained and determined according to the Scale contained in the General Rule of the said Court of Michaelmas Term, in the Eighteenth Year of the Queen, dated the 31st Day of October, |