Newspapers. No. 16, of 1860, An Ordinance to amend the Law relating to Newspapers in Title. BE E it enacted by His Excellency The Governor of Hongkong, [60 G. 3. c. 9.] with the Advice of the Legislative Council thereof, as follows: [1 W. 4. c. 73.] I. That on and after the First Day of January next, no Person Bond to be shall print or publish or cause to be printed or published, any given by Printer Newspaper, until he shall have entered into a Bond before the or Publisher of Registrar of the Supreme Court, together with two sufficient Newspaper. Sureties, to the Satisfaction of such Registrar-every Person printing or publishing any such Newspaper, in the Sum of Two hundred and fifty Pounds, and his Sureties in a like Sum in the whole-conditioned that such Printer or Publisher shall pay every such Fine or Penalty as may at any Time be imposed upon or adjudged against him by reason of any Conviction for printing or publishing any Libel at any Time after the entering into such Bond-and also all Costs of such Conviction; and as a further Condition, that every such Printer or Publisher shall pay all such Damages and Costs as may be recovered or arise in any action for Libel published in such Newspaper. And every Person who shall print or publish, or cause to be printed or published any Newspaper, without having entered into such Bond, with such Sureties as aforesaid, shall, for every such Offence forfeit the Sum of Twenty Pounds, together with Costs of Conviction. II. Every Bond so given as aforesaid may be sued upon in the Attorney GeName of the Attorney General in cases of Indictment or Infor- neral or Plainmation, and of the Plaintiff in any Action for Libel in which tiff to sue. Damages may have been recovered. in certain Cases. III. In every Case in which any Surety in any such Bond shall New Sureties have been required to pay, and have paid, the whole or any Part to be provided of the Sum for which he shall have become Surety; or in Case he shall become Bankrupt or Insolvent, or shall cease to be a Resident in Hongkong, then and in every such Case the Person for whom such Surety shall have been bound, shall not print or publish any Newspaper, until he shall have entered into a new Bond, with sufficient Sureties in the Manner and to the Amount aforesaid; and in Case he shall print or publish any such Newspaper, without having executed such new Bond as aforesaid, he shall forfeit for every such Offence the sum of Twenty Pounds, together with Costs of Conviction. IV. If any Surety shall be desirous of withdrawing from such Sureties may Bond, it shall be lawful for him so to do upon giving Twenty withdraw from Days previous Notice in Writing to the Registrar of the Supreme Bond. Court, and also to such Printer or Publisher; and in every such Case, such Surety, from the Expiration of such Notice, shall cease to be liable upon the said Bond, except for any Penalty or Penalties, Damages or Costs, for or in respect of any Libel which may have been printed or published in such Newspaper, previous to the Expiration of such Notice, and for which he would otherwise have been liable under the said Bond; and in every such Case the Person for whom such Surety shall have been bound shall not Recovery of [* See Ord. No. 6. of 1862.] Custody of Title. Preamble. Constitution of Summoning of Newspapers. Examination for Certificates in Mercantile Marine. print or publish any Newspaper, until he shall have executed a new Bond, with sufficient Sureties, in the Manner and to the Amount aforesaid; and in Case he shall print or publish any such Newspaper, without having entered into such new Bond as aforesaid he shall for every such Offence forfeit the Sum of Twenty Pounds, together with Costs of Conviction. V. Every Penalty hereby imposed may be recovered, together with the Costs, in a summary Way before the *Chief or other Police Magistrate; and the Amount thereof may be levied by Distress and Sale of the Goods and Chattels of the Offender, or in Default of sufficient Distress, he shall be liable to be imprisoned for any Time not exceeding Three Months. VI. All Bonds executed under the Provisions of this Ordinance shall within Ten Days after the Execution thereof be transmitted to the Colonial Secretary for safe Custody. No. 17. of 1860. An Ordinance to constitute a Board of Examiners for I. There shall be constituted a Board of Examiners, to be called "The Mercantile Marine Examination Board," and such Board shall sit whensoever the same shall be summoned in Manner herein-after in that respect provided, at the Harbour Master's Office, for the Purpose of examining Candidates for the Post of Master or Mate in the Mercantile Marine. And such Board shall consist of the following Members, to be appointed from Time to Time by His Excellency the Governor; namely:-the Harbour Master, a Master in the Royal Navy, a Government Marine Surveyor, and two Masters of the Mercantile Marine duly qualified under the Provisions of the "Merchant Shipping Act 1854," three of whom shall form a Quorum. II. Whenever any Person shall be desirous of obtaining a Certificate of Competency as Master or Mate, he shall give Notice in Writing to that Effect to the Harbour Master, who shall forthwith transmit such Notice to the Colonial Secretary; and, on Receipt from him of the Names of Persons appointed to act as Examiners, shall summon the other Members of the said Board to attend at the Harbour Master's Office for the Purpose of examining such Applicant upon some Day to be named in the Summons (such Day not to be more than Seven Days later than the Day of the Date of such Summons); and shall also notify the Applicant for Examination to attend accordingly. III. Every Examination for Certificates in Mercantile Marine. III. Every Applicant for Examination for a Certificate of Fees to be paid Competency as Master shall upon lodging his Application pay to by Applicants. the Harbour Master a Fee of Twenty current Dollars. And every Applicant for a Certificate of Competency as Mate shall in like manner pay a Fee of Ten Dollars; and the Harbour Master shall pay over all Monies received on account of such Fees to the Colonial Treasurer for the Purposes of the General Revenue of the Colony. IV. To each Examiner, except the Harbour Master, there shall Fees to Membe paid a Fee of Five Dollars for each Applicant examined, and bers of Board. such Fee shall be paid by the Colonial Treasurer out of the general Revenue of the Colony. V. To every Applicant who shall have passed a satisfactory Certificates to Examination and shall have given satisfactory Evidence of his be given to Sobriety, Experience, and general good Conduct on board Ship, a Certificate of Competency signed by the Members of the Board who shall have acted as Examiners shall be given to the Effect, that he is competent to act as Master, or as First, Second, or only Mate. VI. Upon the Occasion of every such Examination as aforesaid the Result thereof shall be reported to the Board of Trade by the Harbour Master. No. 3. oF 1861. Applicants who shall have passed their Examination. Reports of Examinations to be made to the Board of Trade. An Ordinance to amend the Course of Procedure in the Title. [25th June, 1861.] WHEREAS it is expedient to further amend the Practice Preamble. and Course of Proceeding in the Supreme Court of 'Hongkong in its Equity Jurisdiction, and in part to adopt with 'alterations the Provisions of "The Chancery Amendment Act "1858:"Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: tain Cases. I. In all Cases in which the said Court on its Equity side has Power to Court Jurisdiction to entertain an Application for an Injunction against on Equity Side a Breach of any Covenant, Contract, or Agreement, or against to award Dathe Commission or Continuance of any wrongful Act, or for the mages in cerspecific Performance of any Covenant, Contract, or Agreement, it shall be lawful for the same Court, in its Equity Jurisdiction, if it shall think fit, to award Damages to the Party injured, either in Addition to, or in Substitution for, such Injunction or specific Performance, and such Damages may be assessed in such Manner as the Court shall direct. II. It shall be lawful for the Court in its Equity Jurisdiction, if it shall think fit, to cause the Amount of such Damages in Case to be assessed, or any Question of Fact arising in or Proceeding to be tried by a Special or Common Jury before any any Suit any Damages may the be tried before the Court itself. Questions ordered to be tried by Jury to be reduced into Writing. Damages may be assessed, or Questions of Fact tried, be fore the Court itself without a Jury. Where Parties are competent to make Admissions, any Party may call Supreme Court: Equity Jurisdiction. the Court itself; and the Court in its Equity Jurisdiction may make all such Rules and Orders upon the Sheriff or any other Person for procuring the Attendance of a Special or Common Jury, for such Assessment of Damages or the Trial of such Question of Fact, as may be made by the Court in its Common Law Jurisdiction, and may also make any other Orders which to the Court in its Equity Jurisdiction may seem requisite ; and every such Jury shall consist of Persons possessing the Qualifications, and shall be struck, summoned, balloted for, and called in like Manner as if such Jury were a Jury for the Trial of any Cause in the Court on its Common Law side; and every Juryman so summoned shall be entitled to the same Rights and subject to the same Duties and Liabilities as if he had been duly summoned for the Trial of any such Cause in said Supreme Court in its Common Law side; and every Party to any such Proceeding shall be entitled to the same Rights as to Challenge and otherwise as if he were a party to any such Cause; and generally for all Purposes of or auxiliary to the Assessment of Damages or the Trial of Questions of Fact by a Jury before the Court itself, and in respect of new Trials, the Court in its Equity Jurisdiction shall have the same Jurisdiction, Powers, and Authority in all respects as belong to the said Court in its Common Law Jurisdiction. III. Any Question of Fact, and any Question as to the Amount of Damages which shall be so ordered to be tried by a Jury before the Court itself in its Equity Jurisdiction shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the said Question, and a true Verdict to give thereon according to the Evidence; and upon, and for the purposes of, every such Trial the Court in its Equity Jurisdiction shall have the same Powers, Jurisdiction, and Authority as belong to the said Supreme Court in its Common Law Jurisdiction. IV. It shall also be lawful for the Court in its Equity Jurisdiction, if it shall think fit, to cause the Amount of such Damages in any Case to be assessed, or any Question of Fact arising in any Suit or Proceeding to be tried before the Court itself without a Jury, and to cause the Evidence on the Trial of that Question to be taken by the oral Examination of Witnesses and other Proofs in open Court, and by such other Evidence as is now admissible in Proceedings before the Supreme Court in its Equity Jurisdiction; and any Question of Fact, and any Question as to the Amount of Damages, which shall be so ordered to be tried before the Court itself, shall be reduced into Writing in such Form as the Court shall direct; and the Decision of the Judge shall be of the same effect as the Verdict of a Jury under this Ordinance; and the Proceedings upon and after such Trial, as to the Power of the Court, the Evidence, and otherwise, shall be the same as in the Case of Trial by Jury under this Ordinance. V. In any Case in which all Parties to a Suit are competent to make Admissions, any Party may call on any other Party by Notice to admit any Document, saving all just Exceptions; and in case of Refusal or Neglect to admit, the Cost of proving the Document Supreme Court: Equity Jurisdiction. Harbour. Document shall be paid by the Party so neglecting or refusing, on any other whatever the Result of the Cause may be, unless the Court shall Party to admit certify that the Refusal to admit was reasonable; and no Costs of Documents. proving any Document shall be allowed unless such Notice be given, except in Cases where the Omission to give the Notice is, in the Opinion of the Taxing Master, a saving of Expense. to be made. VI. The Chief Justice may, from time to time, make General Rules and Rules and Orders for carrying the Purposes of this Ordinance Orders how into effect, and for regulating the Times and Form and Mode of and by whom Procedure, and generally the Practice of the said Court in respect of the Matters to which this Ordinance relates, and for regulating the Fees and Allowances to all Officers of the Court and Practitioners therein in respect to such Matters, and so far as may be found expedient for altering the Course of Proceeding herein. before prescribed in respect to the Matters to which this Ordinance relates, or any of them, and such Rules and Orders may from time to time be rescinded or altered by the like Authority, and all such Rules and Orders shall take effect as General Orders of the said Court. VII. Until General Rules and Orders shall be made in pursuance of the Powers contained in this Ordinance, the Times and Forms and Mode of Procedure, and generally the Practice of the said Court in its Equity Jurisdiction in respect of the Matters to which this Ordinance relates, and the Fees and Allowances in respect to such Matters, shall be regulated and determined by and according to the Practice now in force in the Supreme Court in its Common Law Jurisdiction or in its Equity Jurisdiction, as the case may be, or as near thereto as the Circumstances of the Case will admit, and in case of Question in any particular Suit or Cause, then by the Decision of the said Supreme Court. No. 1. OF 1862. Practice until An Ordinance for the Regulation and Control of the Har- Title. WHEREAS it is expedient to revise and amend the Regula- Preamble. tions hitherto existing for the Maintenance of Order within the Harbour of Victoria:' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. and II. Have had their effect. III. Every Master of a Merchant Vessel shall hoist the Ship's Vessels to hoist Number on entering the Harbour of Victoria, and shall keep such their Numbers. Number flying until the Ship shall have been reported at the Harbour Master's Office. IV. Every Master shall, within Twenty-four Iours after Vessels to be Arrival within the Limits of this Harbour, report the Arrival of reported within his Ship at the Harbour Master's Office, and in the Case of a 24 Hours. British Vessel, or of a Vessel which shall not be represented by a Consul, shall deposit there the Ship's Articles, List of Passengers, Ship's Register, and true Copy of Manifest if required. In the case of a Foreign Vessel represented by a Consul, the said Papers |