Probate of Wills and Letters of Administration. Month after the Decease of any such Person to certify the same and the Amount in Value of the Estate and Effects of such Persons by Certificate under his Hand to the Registrar of the Supreme Court for Registry in the said Court; and shall also pay over to the Colonial Treasurer the Balance of every such Estate after Payment of all lawful Claims: Provided that it shall be lawful for the Colonial Secretary upon the Application of the Superintendent of Police at any Time to sign an Order upon the Colonial Treasurer for the Payment of the Whole or any Part of such Balance. XLV. Where Letters of Administration have been or shall Payment of have been granted by the said Court the Official Administrator Money into shall within One Month after receiving any Money belonging to Treasury. any Estate to the Amount of One Hundred Dollars clear of all just Allowances and Deductions pay the same into the Hands of the Colonial Treasurer for the Time being to the Credit of the said Estate, unless the Chief Justice upon a written Statement of Facts shall report it will be more expedient for the said Estate to be otherwise held or disposed of; and such Treasurer shall receive from the Official Administrator as aforesaid all such Sums of Money as he shall tender to him and shall carry the same to the Credit of such Estates as the Official Administrator shall specify giving him at the same Time a Receipt for the specific Sums so paid in, and whenever the said Official Administrator shall have occasion to draw any Sum of Money out of the Hands of such Treasurer he shall apply by Petition to the Chief Justice at Chambers for an Order for the Payment thereof stating in such Petition the Purpose for which such Money is required; and such Treasurer shall not pay over any Monies which may have been paid into his Hands as aforesaid without such Order. XLVI. The Official Administrator shall make out and furnish Official Admito the Judge and to the Colonial Secretary half-yearly Returns nistrator to according to the Form set out in the Schedule hereunto annexed make Halfof Estates vested in him during the preceding Half Year, and he yearly Returns. shall from Time to Time pay into the Hands of the Colonial Treasurer for the Time being the Balances remaining in respect of each Estate immediately after the same shall have been closed. SCHEDULE. Return of Estates of Intestates for the Half Year ending 18. Hongkong, the day of A.B., (Signed) 18 Fees under "The Merchant Shipping Act, 1854." No. 10. OF 1860. An Ordinance to establish and regulate certain Fees to be 66 levied and taken in the Colony of Hongkong in respect of certain Duties to be performed under "The Merchant Ship"ping Act, 1854 :" Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. That the respective Fees specified in the Schedule hereunto annexed shall be paid and taken, and may be sued for, by the Officer for the Time being discharging the Duties of Principal Officer of Customs in Hongkong under the Provisions of "The "Merchant Shipping Act, 1854," as the lawful Fees for the Discharge of the respective Duties therein specified. II. All Fees levied under this Ordinance shall be paid in current Dollars, and shall be paid by the Officer receiving them into the Colonial Treasury. for to Colonial Treasury. SCHEDULE. Matter or Duty in Respect of which the Fee is to be taken. Amount of Fee. $10 5 Effecting an Imperial Register and granting Certifi- For every Declaration made in any of the Forms B, Endorsing a Memorandum of Change of Master upon 1 1 Granting a Provisional Certificate of Registry, 5 5 Recording the Transfer of a Mortgage of a Ship, or For every Sale of a Ship or Shares in a Ship under a For every Alteration in Agreements with Seamen, For attesting a Seaman's Will, For examining Provisions or Water (to be paid by 6 Marine Court. No. 11. OF 1860. An Ordinance to constitute a Marine Court of Inquiry in Title. of Incompetency or Misconduct on the part of Masters and I. It shall be lawful for the Governor, from Time to Time, and Constitution of whensoever Occasion shall arise or require, by Warrant under Marine Court. his Hand and Seal, to appoint Five Persons to form a Court, which shall be called "The Marine Court ;" and such Court shall * consist of the Chief Magistrate, and Harbour Master, for the [* See Ord.No. II. In any of the Cases following, (that is to say): (2.) Whenever any Ship is lost, abandoned, or materially (4.) Whenever, by reason of any Casualty happening to or on ensues; (5.) Whenever any such Loss, Abandonment, Damage, or Casualty happens elsewhere and any competent Witnesses thereof arrive or be found at any Place in the said Colony; It shall be lawful for such Court to hear and inquire into any such Charge of Incompetency or Misconduct, and to make Inquiry respecting such Loss, Abandonment, Damage or Casualty; and for such Purposes they shall have the Powers given by the First Part of the "Merchant Shipping Act 1854" to Inspectors appointed by the Board of Trade. Cases in which Inquiries are to be instituted by such Court, III. The said Court shall, so far as relates to the Summoning Power of Court of Parties, compelling the Attendance of Witnesses, the Regula- to compel Attion of the Proceedings, and the Enforcement of Penalties, have tendance of the same Powers as are vested in the *Court of Petty Sessions or Parties, Witin the Chief or Assistant Magistrate in Proceedings relating to an Offence or Cause of Complaint upon which such Court of [* See Ord. No. Petty Sessions or Magistrate has Power to make a summary Conviction or Order, or as near as Circumstances will permit. nesses, &c. 6. of 1862.] IV. Upon the Conclusion of the Case, the said Court shall send Report of a Report to the Board of Trade containing a full Statement of Court to be the Case and of their Opinion thereon, accompanied by such sent to Board 0 2 Reports of Trade. Costs of such Reports of or Extracts from the Evidence, and such Observations (if any) as the Court may think fit. V. The said Court may make such Order with respect to the Investigations. Costs of any such Investigation or any Portion thereof as they may deem fit, and such Costs shall be paid accordingly, and shall be recoverable in the same Manner as Costs in Summary Proceedings before the Court of Petty Sessions or before the Chief or Assistant Magistrate. Masters and Mates may be required to deliver Certifi cates to be held till Close of In quiry. Jurisdiction of the Court of Vice-Admi ralty not to be affected. Title. Preamble. [See Ord. No.9. of 1862, and Ord. No. 5. of 1863, s. 17.] A Sum not exceeding 30,000l. to be charged on the Colonial Revenue, in Addition to the General Expenditure. Power to bor VI. The said Court may, if they think fit, require any Master or Mate possessing a Certificate of Competency or Service whose Conduct is called in Question, or appears to them likely to be called in Question in the Course of such Investigation, to deliver such Certificate to them; and they shall hold the Certificate so delivered until the Conclusion of the Investigation, and shall then either return the same to such Master or Mate, or, if their Report is such as to enable the Board of Trade to cancel or suspend such Certificate under the Powers given to such Board by the Third Part of the "Merchant Shipping Act 1854," shall forward the same to the Board of Trade, to be dealt with as such Board thinks fit; and if any Master or Mate fail so to deliver his Certificate, when so required, he shall incur a Penalty not exceeding Two Hundred current Dollars. VII. Provided always, that nothing in this Ordinance contained shall be taken to affect in any Way the Jurisdiction of the Vice-Admiralty Court of Hongkong, howsoever the same may be acquired. No. 12. OF 1860. An Ordinance to provide a Supply of Water for the City of constructed for the Purpose of providing and maintaining a constant Supply of Pure Water to the City of Victoria, and it is necessary that Funds should be provided for the carrying out of such Works' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:: I. A Sum not exceeding Thirty thousand Pounds shall be charged upon the Revenue of this Colony for the Purpose of constructing suitable Works for supplying the City of Victoria with Water, in addition to such Sums as are now or may hereafter be charged upon the said Revenue on account of the Expenditure incurred or to be incurred in and about the General Public Service of the Colony; and His Excellency the Governor is hereby empowered to draw on the Colonial Treasury for such Sum or Sums, not exceeding the aforesaid Amount, as he shall from Time to Time think fit. II. In case the said Revenue shall not be sufficient to afford row in case the such Sum as aforesaid, in addition to the Expenditure required for the General Public Service of the Colony, it shall be lawful Revenue be deficient. for Water Rate. for His Excellency the Governor in Executive Council to borrow such Sum or Sums of Money as may be so deficient by Mortgage of the Water Rate herein-after authorized; and every Mortgage shall be in the Form A. to this Ordinance annexed. when the Governor shall III. Every Mortgage, which shall be effected under the Au- Mortgages to thority of this Ordinance, shall be redeemable whenever His be redeemable Excellency the Governor in Executive Council shall determine : Provided always, that Six Months Notice of such Intention to determine. redeem shall be given to the Mortgagee; and the Governor is hereby authorized and empowered to appropriate out of the Colonial Revenue such Sum or Sums of Money as may be required to carry out such Redemption; but so that the Amount borrowed and redeemed, added to the Amount previously drawn from the Colonial Treasury, shall not at any Time exceed in the whole the Sum of Thirty thousand Pounds. certain Sub IV. Upon the Completion of the said Water Works there shall Water Rate to be levied Half-yearly on the Crown Lessees of all Lands in the be imposed on Sub-districts comprised within the District of Victoria, except districts of the Wong-nei-choong and Soo-koan-poo, a Rate to be called a "Water City of Rate," estimated at Two per Cent. per annum on the gross annual Victoria. Value of Property set forth in the Police Rate Assessment for the current Year; and all the Provisions of the Ordinances No. 2. of 1845, and No. 3. of 1851, touching Valuation, and Appeal, shall extend and apply to the said Water Rate. V. The said Rate shall be applied in Manner following; that Application of is to say; in the first place, in maintaining the said Water Works such Rate. and in defraying all Expenses connected therewith; in the second place, in securing and repaying any Monies which may have been borrowed for the Purposes aforesaid under the Authority of this Ordinance and the Interest accruing thereon; and the Residue shall be carried to the Credit of the General Revenue of the Colony. VI. In the Construction of this Ordinance "The Governor" Meaning of the shall be taken to include the Officer for the Time being adminis- Term "Govertering the Government of the Colony. SCHEDULE A. Form of Mortgage. By virtue of the Ordinance No. 12. of 1860 I (herein give the name of the Governor executing the Mortgage) Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, in consideration of the Sum of paid to the Colonial Treasurer of the said Colony by A.B. of for the Purposes of the said Ordinance, do grant and assign unto the said A.B., his Executors, Administrators, and Assigns such proportion of the Rates, Profits, and other Monies arising or accruing by virtue of the said Ordinance from the Water Rate thereby authorized to be imposed as the said Sum of doth or shall bear to the whole Sum, which is or shall be borrowed upon the Credit of the said Rates, TO HOLD to the said A.B., his Executors, Administrators, and nor." |