Volunteer Force. Exportation of Military Stores. IV. The Commanding Officer of the Corps shall, as soon as he Commanding conveniently can do so, frame such Rules as he may deem proper and alter Rules Officer to make for regulating the Period of Enrolment, Arms, Dress, Accoutre- for the Corps. ments, and Equipment, of the said Corps and of the Members thereof, the Time and Place of Drill and Exercise, and all Matters relating to the Enrolment, Efficiency, and Discipline of the said Corps and of the Members thereof, which Rules may be enforced by reasonable Fines and Penalties for Breach thereof; and he shall from Time to Time alter and vary such Rules and Penalties as to him shall seem fit. nor to have same Force as V. All such Rules and Alterations of Rules shall be submitted from Such Rules Time to Time to His Excellency the Governor, and shall not have when confirmed any Force until confirmed by him; and all such Rules as shall be by the Goverso made or altered, and as shall be so confirmed, shall have the same Force for the Regulation of the Members of the said Corps as if the same Rules so confirmed had been inserted in, and had formed part of this Ordinance. to Members of Corps as if in serted herein. Fines under such Rules to before a Police be recoverable VI. All Fines inflicted under or by virtue of any Rule when so confirmed as aforesaid, shall be recoverable and be enforced before and by a Police Magistrate in like Manner as Fines imposed by such Magistrate are now recoverable and enforceable respectively. VII. After the Promulgation of such Rules as aforesaid, the Commanding Commanding Officer shall admit Volunteers from Time to Time Officer to admit and enrol them as Members of the Corps. Magistrate. Volunteers. VIII. Every Volunteer being a Christian upon being admitted Every Volunshall subscribe his Name on the Roll of the said Corps, and shall teer to take take before a Justice of the Peace an Oath according to the Form Oath or make following: Declaration in IA.B. do promise and swear that I will be faithful and bear scribed. true Allegiance to Her Majesty Queen Victoria, and that I Form of Oatli. 'will faithfully serve in the "Volunteer Force" during the Term of my Enrolment: So help me God.' And every Volunteer not being a Christian shall make a Decla ration according to the Form following: 4.B. do solemnly, sincerely, and truly declare that I will be Form of Defaithful and bear true Allegiance to Her Majesty Queen claration. Victoria, and that I will faithfully serve in the "Volunteer "Force" during the Term of my Enrolment.' No. 3. oF 1862. An Ordinance to authorize His Excellency the Governor by 6 6 W WHEREAS it is desirable to vest in His Excellency the Preamble. Governor power to prohibit the Exportation of Military Stores and other Articles and Goods, subject to such Pro visions as are herein-after expressed: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Exportation of Military Stores, &c., may be prohibited by Proclamation, and Forfeiture and Mode of Seizure for Breach of Prohibition Harbour Master not to be liable for Act by the Gover Exportation of Military Stores. Police Magistrates. I. It shall be lawful for His Excellency the Governor, by and with the Advice of the Executive Council, by Proclamation to be published in the Hongkong Government Gazette, or in any Extraordinary Gazette, to prohibit for such Period as shall be mentioned in such Proclamation, either to be exported from the Colony or to be carried Coastwise within the Colony, Arms, Ammunition, and Gunpowder, Military and Naval Stores, and any Articles which His Excellency may judge capable of being converted into or made useful in increasing the Quantity of Military or Naval Stores, Provisions, or any Sort of Victual which may be used as Food by Man, or any or either of such Arms, Ammunition, Gunpowder, Stores, Goods or Articles, respectively. And in Case any such Arms, Ammunition, Gunpowder, Stores, Goods, or Articles which shall have been so prohibited shall be exported from the Colony or shall be carried Coastwise, or be Water-borne to be so exported or carried, they shall be forfeited and shall vest in Her Majesty, and forthwith thereupon it shall be the Duty of the Harbour Master by Warrant under his Hand upon his own View, or upon an Information made upon Oath before any Justice of the Peace, to cause all such Goods and Articles so herein-before declared forfeited to be seized, and to detain the same to the Use of Her Majesty and to be disposed of as His Excellency the Governor shall by Order under his Hand and Seal direct. II. The Harbour Master shall not be liable in Damages or otherwise for any Act done by him in pursuance of the Obligation and Duty imposed on him by this Ordinance, and in Case His when adopted Excellency the Governor shall direct the Disposition of any Goods or Article which shall have been seized by the Harbour Master, such Direction shall be conclusive Evidence that the Act done by the Harbour Master is within the Duty imposed on the Harbour Master by this Ordinance. nor. Title. Preamble. Offices of Chief and Assistant Magistrates abolished. Two Police No. 6. oF 1862. An Ordinance to abolish the Offices of Chief Magistrate and I. The Offices of Chief Magistrate and Assistant Magistrate are hereby abolished. II. Two Police Magistrates shall be appointed from Time to Time, and they or either of them shall have and exercise such and the like Powers as by any Ordinance of this Colony were prior to Magistrates ap- this Ordinance vested in the Chief Magistrate and Assistant Magistrate respectively, except so far as such Powers are varied pointed, or Police Magistrates. Ordinance No. 1. of 1849 re Offences triable or amended or abrogated by this Ordinance; and every Police Magistrate shall by virtue of his Office be a Justice of the Peace. III. The Ordinance No. 1. of 1849 constituting a Court of Petty Sessions is hereby repealed. IV. Each of the said Police Magistrates shall have Power to pealed, hear, try and determine in a Summary Manner any Crime, Mis- Crimes and demeanor or Offence, the Punishment for the Commission of under this Orwhich is or may be Imprisonment, Fine, and Whipping, or any ordinance. either of such Punishments : Provided always that in Case it shall Proviso reservappear to the Police Magistrate at the Hearing that any such ing Power to Offence ought to be visited with a heavier Punishment than commit to Suthis Ordinance authorizes, it shall be lawful for him to commit the preme Court. Offender or Offenders for Trial in the Supreme Court. V. Repealed by Ordinance No. 1. of 1863. VI. Whenever Corporal Punishment shall be inflicted under Manner in this or any other Ordinance, such Punishment shall in no Case which Corporal exceed Thirty-six Blows with a Rattan, to be inflicted in the Pre- Punishment is sence of the Governor of the Gaol, or Superintendent of Police, or other Officer of Police appointed for that Purpose. to be inflicted. addition to Punishment. VII. On the Conviction of any Person of any Offence by which Amends may Injury or Loss to Person or Property shall have accrued, it shall be awarded in be lawful for the convicting Magistrate to award reasonable Amends, to be made by the Offender to the Person aggrieved, by Payment, in addition to the Penalty to which the Offender may be liable for the Offence, of any Sum not exceeding Fifty Dollars, notwithstanding that the aggrieved Person may have been examined as a Witness in the Case. Fines and Amends. VIII. If any Fine or any Amends or Compensation imposed or Recovery of awarded under this Ordinance shall not be paid on Conviction, or within such Time or Times as may be determined by the Magistrate, it shall be lawful for such Magistrate to levy the Amount by Distress on the Goods and Chattels of the Offender. And in Case the Amount of any Fine or Amends or Compensation, shall not be fully paid or recovered by Distress, or in Case no such Distress shall have been levied or ordered, it shall be lawful for such Magistrate to cause the Offender to be imprisoned for any Period not exceeding, together with such other Imprisonment, if any, as may have been awarded for his said Offence, the Term of Six Months in the whole. IX. If any Person shall use any threatening or insulting Ex- Power to compression to or concerning or in the Presence of a Police Magistrate mit Persons or Justice of the Peace, when acting in the Discharge of any Language to or using insulting Magisterial Duty, he shall be liable to be fined by the said Magis- in Presence of trate or Justice of the Peace in an Amount not exceeding Fifty Magistrate. Dollars, or to be imprisoned for a Term not exceeding Two Months. secution or X. If it shall appear to a Police Magistrate that any Charge or Compensation Complaint was maliciously preferred, or that any Witness has or Penalty for given false Testimony, it shall be lawful for such Magistrate to Malicious Proaward Compensation not exceeding Fifty Dollars to be paid by False Testisuch Prosecutor or Witness to the Person aggrieved, or in his Discretion to impose on such Prosecutor or Witness a Fine not P4 exceeding mony. Recognizances (other than as to Supreme Court) to be estreated in Default. Imprisonment for Non-payment of Fines. Marine Magistrate or Two Justices of the Peace to have Police Magis trate. Title. Preamble. Court of Sum Police Magistrates. Court of Summary Jurisdiction. exceeding Fifty Dollars, or to award Compensation and impose a Fine not exceeding together the Sum of Fifty Dollars. XI. Whenever any Person shall enter into any Recognizance or Crown Bond (except Recognizances entered into for Appearance before the Supreme Court) before any Magistrate, Justice of the Peace, or any Officer of Police, and such Bond or Recognizance shall become forfeited, it shall be lawful for a Magistrate to summon the Person bound by the said Recognizance or Bond before him, and on satisfactory Proof of Forfeiture or Breach of Condition, to order the said Recognizance or Bond to be estreated and to authorize a Constable to levy the Amount or Penalty of the said Recognizance or Bond upon the Goods, Chattels, Lands, and Tenements of the Defaulter, and in Case there shall be no sufficient Goods, Chattels, Lands, or Tenements to satisfy the Amount of the Distress Warrant, the Defaulter shall be liable to Imprisonment for any Term not exceeding Three Months. XII. Section 41 of Ordinance No. 14. of 1845 is hereby repealed, and in every Case of the Adjudication of a Pecuniary Penalty or Amends under the same Ordinance and Non-payment thereof, it shall be lawful for the Magistrate to cause the Offender to be imprisoned for any Term not exceeding Three Months, such Imprisonment to cease on Payment of the Sum remaining unpaid. XIII. The Marine Magistrate shall have the Power of a Police Magistrate to hear and decide all Cases of Assault, and Assault and Battery unaccompanied by an Intent to commit Felony, and any Two Justices of the Peace of this Colony sitting together shall have Power to do any Act that a Police Magistrate is by this Ordinance authorized and empowered to do. No. 7. oF 1862. An Ordinance to establish a Court of Summary Jurisdiction, HEREAS the Business of the Supreme Court of Hongkong has of late greatly increased, and it is necessary to relieve the Chief Justice from some of his Judicial Duties, and other'wise to afford to him Aid in the Administration of Justice: And whereas the Business of the Police Courts has also greatly increased, and it is desirable to relieve such Courts of all Proceedings of a Civil Nature: And whereas for the Purposes aforesaid, it is desirable to appoint a Judge to be called the Judge of the 'Court of Summary Jurisdiction: 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. A Court, for the Trial and Decision of Causes in a Summary mary Jurisdic- Manner by the Judge thereof, shall be and is hereby constituted, which Court shall be called the Court of Summary Jurisdiction, and the said Court shall be a Court of Record. tion constituted. III. The Court of Summary Jurisdiction. III. The Jurisdiction of the Supreme Court in its Summary Summary JuJurisdiction shall cease and determine, and the same is hereby risdiction of transferred to the said Court of Summary Jurisdiction hereby Supreme Court constituted. transferred. IV. The Jurisdiction of the Chief Magistrate and Assistant Civil JurisdicMagistrate, or of any Police Magistrate and of Justices of the tion of MagisPeace, of a Civil Nature, shall cease and determine, and the same is hereby transferred to the Court of Summary Jurisdiction hereby constituted. V. The Court of Summary Jurisdiction shall be holden by and before a Judge thereof, to be called the Judge of the Court of Summary Jurisdiction of Hongkong, who shall be a Barrister-atLaw in England or Ireland or an Advocate in Scotland of not less than Five Years standing: Provided that, in case of the Death, temporary Illness, or Absence of the said Judge, it shall be lawful for the Governor to appoint any fit and proper Person temporarily to discharge the Duties of the said Office. trates transfer red. Judge of Court of Summary Jurisdiction to be appointed. VI. The Court of Summary Jurisdiction shall have and use, as Seal of Court. Occasion may require, a Seal bearing a Device and Impression of the Royal Arms with the Inscription :*" Court of Summary Juris"diction. Hongkong."-and every Summons and other Process issued thereout, shall be stamped with such Seal. VII. The Judge of the Court of Summary Jurisdiction shall Jurisdiction of have full Power and Authority to hear and determine in a Sum- Judge. mary Way, and without the Intervention of a Jury, all Disputes and Differences between Party and Party touching any Matter of Debt, Breach of Covenant or Contract or Promise, Injury to the Person or Property, or other Matter: Provided that, in all Cases respectively, the Debt or Damages or Balance sought to be recovered shall not exceed the Sum of Five Hundred Dollars, and that the Matter in Question shall not relate to the Title to any Lands, Tenements, or Hereditaments, nor to the taking of any Duty payable to Her Majesty, nor to any Fee of Office or other Matter where Rights in futuro may be bound, nor to any general Right or Duty: Provided also, that the Court shall not have Power to hear or determine any Matter or Question, which arose more than Three Years before the Hearing thereof, unless there has been some Contract, Acknowledgment, Undertaking, or Promise to pay in respect thereof by the Party to be charged within Three Years before the filing of the Plaint: Provided also, that no Party shall be precluded or exempted from suing or being sued in the aforesaid Summary Jurisdiction by reason of his not having attained the full age of Twenty-one Years or by reason of Coverture where the Husband shall not be resident within the Colony. VIII. No Cause of Action or Complaint which shall exist at No Cause of any one Time, amounting in the whole to a Sum exceeding Five Action to be Hundred Dollars as aforesaid, shall be split or divided so as to be split. made the Ground of two or more different Actions or Complaints in order to bring such Cases within the Summary Jurisdiction created by this Ordinance; but if the Judge of the Court of Summary Jurisdiction shall find that the Plaintiff in any Case shall have |