No Objection to
Admissibility of
Examination in

Evidence if Depo-
sitions signed by

the Magistrate, &c., notwith

lar Examination not so signed.

standing particu.

If Party ac-
cused make
a Statement
before Magis-
trate, &c., same
may be read in

Depositions of Witnesses.

signed by the Person examined and by the Magistrate or other Officer by or before whom the same purports to be taken, it shall be lawful to read such Examination in Evidence, without further Proof of the Matters in this Section aforesaid, unless it be proved that such Examination was not taken in Manner aforesaid, or was not in Fact signed by the Person examined or by the Magistrate or Officer aforesaid, purporting to sign the same.

IV. No objection to the Reception in Evidence of the Examination of any Person shall be permitted to prevail upon the Ground that the particular Examination of such Person was not signed by the Magistrate or other Officer of Her Majesty as aforesaid, if it shall appear, in Manner aforesaid, that the Depositions wherein such Examination was included, were so signed.

V. If, after the Examination of all the Witnesses on the part of the Prosecution shall have been completed, before a Magistrate or other Officer of Her Majesty to whom the Cognizance of the Crime or Offence appertained, any Statement shall have been made by the Accused before such Magistrate or Officer of Her Majesty as aforesaid, it shall be lawful for the Supreme Court, and it is hereby required to allow such Statement to be read and complied with. received in Evidence in such Prosecution upon the Presiding Judge being satisfied that the following Conditions had been in each Case complied with:

Evidence if certain Preliminaries are

(1.) That prior to such Statement having been made the Magistrate or other Officer of Her Majesty to whom the Cognizance of the Crime or Offence appertained, had read or caused to be read, or, where necessary, had translated, or caused to be translated to the Accused, the Depositions taken against him.

(2.) That prior to such Statement having been made, the
Magistrate, or other Officer of Her Majesty to whom the
Cognizance of the Crime or Offence appertained, had
addressed to the Accused these Words, or Words to the
like Effect: "Having heard the Evidence, do you wish
"to say anything in Answer to the Charge? You are
"not obliged to say anything unless you desire to do so,
"but whatever you say will be taken down in Writing
"and may be given in Evidence against you upon your
"Trial."

(3.) That prior to such Statement having been made the
Magistrate, or other Officer of Her Majesty to whom the
Cognizance of the Crime or Offence appertained, had
given the Accused clearly to understand that he had
nothing to hope from any Promise of Favour, and
nothing to fear from any Threat which might have been
held out to him to induce him to make any Admission
or Confession of his Guilt, but that whatever he then
said might be given in Evidence against him upon his
Trial notwithstanding such Promise or Threat.
(4.) That what the Prisoner answered thereto was taken down
in Writing and read over to him.

(5.) That

Depositions of Witnesses.

Compilation of Ordinances.

(5.) That the said Statement had been kept with, and at the time of the Application to receive the same in Evidence was in the Custody of the Supreme Court in the same Manner as, the Depositions of the Witnesses which had been taken in the same Matter.

Provided nevertheless, that nothing herein enacted or contained shall prevent the Attorney General, or other Person conducting a Criminal Prosecution on Behalf of the Crown from giving in Evidence any Admission or Confession or other Statement of the Person accused, made at any Time, which by Law would be admissible as Evidence against such Person.

facie Proof of

Statement having been

duly taken, &c.

VI. If the Attorney General, or other Person conducting a What shall be Criminal Prosecution on Behalf of the Crown shall at the Trial deemed a primâ of any Person accused apply to the Court for leave to read as Evidence in such Prosecution the Statement of such Person, and it shall appear from the Registrar or Deputy Registrar or other competent Officer of the said Court that the Depositions including the Statement of such Person or a Copy thereof are in the Custody of the said Court, and if such Statement shall appear to have been duly taken and in Compliance with the Conditions by the last Section imposed, then if such Statement purports to be signed by the Magistrate or other Officer by or before whom the same purports to be taken, it shall be lawful to read such Statement in Evidence without further Proof of the Matters in the Section last aforesaid, unless it be proved that such Statement was not duly taken, or was not in Fact signed by the Magistrate or Officer aforesaid purporting to sign the same.

No. 7. of 1864.

An Ordinance for compiling a new Edition of the Ordinances Title.
of this Colony.
[30th April, 1864.]

HEREAS it is expedient that Measures should be adopted Preamble.
for preparing a new Edition of the Ordinances of this
Colony wherefrom should be omitted all Ordinances or Parts of
Ordinances as have expired by Effluxion of Time, have had
their Effect, or have been expressly and specifically repealed or
'disallowed:' Be it enacted by His Excellency the Governor of
Hongkong, with the Advice of the Legislative Council thereof, as
follows:-

I. It shall be lawful for the Governor to issue his Commission to Two Persons constituting them Commissioners for preparing a new Edition of the Ordinances of Hongkong, and from Time to Time, in case of the Death, Refusal or Incapacity to act of either of the said Commissioners, to appoint some other Person to act in the Stead of such Commissioner.

Authority to Governor to missioners to appoint Comcompile and print the Laws of Hongkong. Commissioners to prepare and

arrange Laws for Publication

II. The Commissioners are hereby fully authorized and empowered to prepare and arrange for Publication the said Edition, omitting all such Ordinances, Clauses, and Parts of Ordinances as have expired, been repealed, or had their Effect; and in the said and to omit all Edition, the Commissioners are hereby authorized to omit all expired, reClauses repealing Ordinances, or Parts of Ordinances, as well as pealed Ordithe nances, &c.

Commissioners to procure Estimates of Expense of printing Copies and of correcting Proof, &c.

Every Copy to be stamped with the Seal

the Ordinances and Parts of Ordinances repealed, and the Schedule of all repealed Ordinances.

III. The Commissioners shall procure from competent Parties in England, or elsewhere, Estimates of the Expense of printing and publishing Five hundred Copies of such Edition, and shall submit the same for the Consideration and Approval of the Governor; and such Edition, when arranged and prepared for Publication, shall be transmitted by the said Commissioners to such Parties as the Governor may appoint to print the same; and the said Commissioners shall make such Arrangements for correcting the Proof, and otherwise insuring the Correctness and Accuracy of the Publication, as may to them appear desirable.

IV. Every Copy of the said Edition shall be stamped with the Seal of this Colony, and the Copies so stamped shall, in all Courts and upon all Occasions whatsoever, be taken, deemed, and held to of the Colony. be the only lawful Ordinances of Hongkong, as they existed at the Date of the passing of the last Ordinance inserted therein : Provided always, that nothing in this Ordinance contained shall apply to any Operation already effected by, or Act done under, any Ordinance omitted in the said Copies, or to any Right, Title, Obligation, or Liability acquired or accrued under any such Ordinance.

Proviso.

Copies to be
delivered to
Members of
Council and
other Public

Functionaries.
Remaining
Copies lodged
with the Trea-

surer for sale.

Provision for Remuneration to Clerk and Expenses of carrying into

effect this Ordinance.

Title.

Preamble.

Estimates, 1865.

V. The said Commissioners shall, after the printing of the Copies aforesaid, and as soon as the same shall have been duly stamped, cause Copies to be delivered to the Members of the Executive and Legislative Councils, and to such other of the Public Functionaries as the Governor may direct, and the remaining Copies shall be placed in the hands of the Colonial Treasurer, to be disposed of at such Price as shall be fixed by the Commissioners, and the Proceeds thereof paid into the Public Treasury.

VI. It shall be lawful for the Governor to issue his Warrant upon the Treasury for such Sum as he shall deem a reasonable Remuneration for the Clerk to be employed by the said Commissioners, and also for such other Charges and Expenses as shall have been necessarily incurred, laid out, and expended in and about the carrying into Effect the Provisions of this Ordinance.

No. 8. OF 1864.

An Ordinance to apply a Sum not exceeding Six hundred
and thirteen thousand Dollars to the Public Service of the
year 1865.
[5th September, 1864.]

WHEREAS the Expenditure required for the Service of this Colony for the year 1865 has been estimated at the Sum of Six hundred and twelve thousand three hundred and twentytwo Dollars and Eighty Cents:' 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 Six hundred and thirteen thousand Dollars shall be and the same is hereby charged upon the Revenue

of

Revenue. Bills of Sale.

of this Colony for the Service of the year 1865, and the said Sum so charged shall be expended as herein-after specified; that is to say:

An Ordinance for preventing Frauds upon Creditors by Title.
Secret Bills of Sale of Personal Chattels,

[5th September, 1864.]

WHEREAS it is expedient that the several Matters em- Preamble.

braced by Ordinance No. 5. of 1856 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:

No. 5. of 1856 repealed.

I. So much of Section 2 of Ordinance No. 5. of 1856 as relates Part of Section to the Imperial Enactment entitled "An Act for preventing 2. of Ordinance "Frauds upon Creditors by Secret Bills of Sale of personal "Chattels shall be repealed, except as to the Proceedings which may have been taken thereunder before the passing of this Ordinance.

II. Every Bill of Sale of personal Chattels made after the passing of this Ordinance, either absolutely or conditionally, or subject or not subject to any Trusts, and whereby the Grantee or Holder shall have Power, either with or without Notice, and either immediately after the making of such Bill of Sale, or at any

future Days.

Defeasance or Conditions of every Bill of Sale to be written on the same Paper.

Registrar to keep a Book containing Particulars of each

Bill of Sale.

Bills of Sale.

future Time, to seize or take Possession of any Property and Effects comprised in or made subject to such Bill of Sale, and every Schedule or Inventory which shall be thereto annexed or therein referred to, or a true Copy thereof, and of every Attestation of the Execution thereof shall together with an Affidavit, Affirmation or Declaration of the Time of such Bill of Sale being made or given and a Description of the Residence and Occupation of the Person making or giving the same, or, in case the same shall be made or given by any Person under or in the Execution of any Process, then a Description of the Residence and Occupation of the Person against whom such Process shall have issued, and of every Attesting Witness to such Bill of Sale, be filed with the Registrar of the Supreme Court within Twenty-one Days after the making or giving of such Bill of Sale, otherwise such Bill of Sale shall, as against all Assignees of the Estate and Effects of the Person whose Goods or any of them are comprised in such Bill of Sale under the Laws relating to Bankruptcy, or under any Assignment for the Benefit of the Creditors of such Person, and as against all Sheriffs Officers and other Persons seizing any Property or Effects comprised in such Bill of Sale in the Execution of any Process of any Court of Law or Equity authorizing the Seizure of the Goods of the Person by whom or of whose Goods such Bill of Sale shall have been made, and against every Person on whose Behalf such Process shall have been issued, be null and void to all Intents and Purposes whatsoever, so far as regards the Property in or Right to the Possession of any personal Chattels comprised in such Bill of Sale which at or after the Time of such Bankruptcy or of the Execution by the Debtor of such Assignment for the Benefit of his Creditors or of executing such Process (as the Case may be), and after the Expiration of the said Period of Twenty-one Days, shall be in the Possession or apparent Possession of the Person making such Bill of Sale, or of any Person against whom the Process shall have issued under or in the Execution of which such Bill of Sale shall have been made or given as the Case may be.

III. If such Bill of Sale shall be made or given subject to any Defeasance or Condition or Declaration of Trust not contained in the Body thereof such Defeasance or Condition or Declaration of Trust shall, for the Purposes of this Ordinance be taken as Part of such Bill of Sale and shall be written on the same Paper on which such Bill of Sale shall be written, before the Time when the same or a Copy thereof respectively shall be filed, otherwise such Bill of Sale shall be null and void to all Intents and Purposes as against the same Person and as regards the same Property and Effects, as if such Bill of Sale or a Copy thereof had not been filed according to the Provisions of this Ordinance.

IV. The Registrar shall cause every Bill of Sale, and every such Schedule and Inventory as aforesaid, and every such Copy filed in his said Office under the Provisions of this Ordinance to be numbered, and shall keep a Book in his said Office in which he shall cause to be fairly entered an alphabetical List of every such Bill of Sale, containing therein the Ñame, Addition and Descrip