Capias ad Respondendum in Absence of Chief Justice. to have been committed in the Place in which he shall be appre- XII. Nothing herein contained shall repeal any Provision contained in Chapter Twenty-six of the Statute passed in the Session of Parliament holden in the Seventh Year of the Reign of King William the Fourth and the First Year of the Reign of Her present Majesty. No. 5. oF 1852. An Ordinance to provide for the Issue of the Writ of Capias Title. Chief Justice in certain Cases to depute Registrar, &c. to [11th August, 1852.] W HEREAS it is expedient to make Provision for the Issue of such Writs, in pursuance of the 24th Section of the 'Colonial Ordinance No. 6. of 1845, during the Illness or temporary Absence of the Chief Justice or Acting Chief Justice :' Be it therefore enacted by His Excellency the Acting Governor of Hongkong, with the Advice of the Legislative Council thereof, That in Case of the Illness or temporary Absence of the Person filling for the Time being the Office of the Chief Justice of this Colony, it shall be lawful for such Person to depute in Writing the Registrar or Acting Registrar of the Supreme Court to issue, pondendum. if Occasion require, any such Writs of Capias ad Respondendum in Pursuance of the 24th Section of Ordinance No. 6. of 1845, during such Illness or temporary Absence. No. 6. OF 1852. issue Writs of Capias ad Res An Ordinance for the Prevention of Desertion, and better Title. W WHEREAS serious Complaints have been lately made of Preamble. the frequent Desertion of Merchant Seamen, and it is 'expedient that further Measures be taken for the Prevention 'thereof:' Be it enacted by His Excellency the Acting Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: I. Has had its Effect. II. Whenever any Seaman shall be discharged from any Vessel Master shall within the Precincts of this Colony, the Master of such Vessel give to Seaman shall give at the Time of such Discharge to such Seaman a discharged in written Certificate of Discharge, specifying the Time and Nature Colony Certifiof Service, and the Time of Discharge of such Seaman, signed by charge, and, if himself; and if such Seaman require it, shall further give him, required, an Acwithin Twenty-four Hours after Demand, a true Account in count of Wages. Writing cate of Dis Ordinance 4. of Regulation as As to the Dis- [See Ord. No.1. As to the Es tablishment and Desertion of Seamen. Writing of the Wages of such Seaman, and of all Deductions. therefrom. III. Ordinance No. 4. of 1850 is extended in all its Provisions to British Seamen and Vessels within the Harbour of Hongkong, as well as to the Seamen and Vessels of Foreign Nations. IV. And whereas by a Regulation now in force, Merchant Seamen are not allowed to land on Leave unless furnished with Tickets of Leave, such Regulation is hereby continued, and it is further enacted that such Tickets shall be according to the following Form: "Hongkong, the day of 185. "The Bearer of this [Man's Name] belonging to the Ship [Name of the Ship] has Permission to remain on shore for the Space of [Number of Hours]. Permission granted at o'clock [A.M. or • P.M.] A.B., Master.' which Form shall be publicly and conspicuously posted in the Harbour Master's Office; and any Seaman found on Shore without such Ticket, or with a false Ticket, or after his Period of Leave shall have expired, may be taken into Custody without Warrant by any Constable, or by the Master or Person in charge of the Ship to which such Seaman belongs, or by any Person specially deputed in Writing for such Purpose by such Master, or such Person in Charge, and conveyed before a Magistrate, who may order such Seaman to be taken on Board his Ship, and inflict on him a Fine not exceeding Ten Shillings, to be paid by the Seaman, or the Master of his Ship on Account of such Seaman. V. No Seaman shall be discharged from an English Ship or any Foreign Ship whose Flag is not represented by a Consular Officer resident in the Colony elsewhere than at the Harbour Masters' Office, and that every Seaman discharged from a Foreign Ship so represented shall within Twenty-four Hours of being discharged at the Office of his Consul or Vice-Consul, produce to the Harbour Master, or some Person deputed by him, a Certificate of his Discharge, signed by such Consul or Vice-Consul; and no Seaman shall be shipped either for an English or a Foreign Ship, elsewhere than at the Office of the Harbour Master, who shall charge for every Seaman shipped a Fee of One Dollar, such Fee to be paid in the First Instance by the Master of the Ship shipping such Seaman; and such Master shall deduct the same from the Wages of the Seaman shipped; and in every Instance of a Seaman being shipped, the Harbour Master, or such Deputy as aforesaid, shall grant a Certificate of Shipment, and before granting such Certificate, shall require such Seaman to lodge with him his Certificate of Discharge from the last Ship, and failing the Production of such Certificate such Seaman shall be bound to give satisfactory Explanation to the Harbour Master of the Cause of the non-production thereof. VI. The Harbour Master having obtained the Sanction of the Chief Magistrate of Police, in every Case shall have Regulation of Power to licence a sufficient Number of fit and proper Persons Boardingto keep Boarding-houses for Seamen, and every such Licence houses. shall be countersigned by the Colonial Secretary, and shall be [* See Ord. No 6. of 1862.] granted Desertion of Seamen. granted for such Period not exceeding One Year, and upon such Terms and Security, and shall be renewable upon such Conditions, as the Colonial Secretary may appoint; and it shall be lawful for the Colonial Secretary to demand for every such Licence an annual Fee of Five Pounds Sterling, or at the Rate thereof according to the Term of such Licence; and every such House shall be for the Reception of such Number of Seamen only as shall be expressed in the Licence, and shall not be granted until there have been constructed in the House to be licensed a suitable Room or Cabin for each Boarder, and a general Room of sufficient Size wherein the Boarders may dine and sit; and no such Boardinghouse shall be a House licensed for the Sale of spirituous or fermented Liquors, nor shall any charge for Spirituous or Fer. mented Liquor be allowed in any Account for the Amount of which any Seaman may be indebted or stated to be indebted to any Person, and such Boarding-house shall be separated by at least One Intervening House on either Side of it from any House licensed for such Sale as aforesaid; and every such Boardinghouse shall be open at all Times to the Visit of any Magistrate, or of the Harbour Master, or of any Constable specially appointed for the general Service of visiting such Houses. And the Harbour Master may refuse to grant any such Licence, and may limit the Number and Description of Seamen to be boarded in each House, and may make Rules (subject however as to this and all other Powers vested in him by this Ordinance, to the Control of the Governor) for the Government of such Houses, and regulate the Charge to be made for Board and Lodging; and a Copy of such Rules in English, Spanish, Portuguese, Hindostanee, and Chinese, shall be hung up in each House for the Inspection of the Inmates; and the Infraction of any one of such Rules shall subject the Offender in every Instance to a Penalty not exceeding Five Pounds Sterling, and for a second Offence may deprive the Offender, if the Keeper of such House, of his Licence as an additional Punishment. VII. If any Person not having obtained a Licence for keeping a Boarding-house for Scamen shall keep one, he shall be liable to a Penalty not exceeding the Sum of Twenty Pounds; and that the Fact of more than one Seaman boarding or lodging in the House of any Person, shall be primâ facie Proof of the Keeping of a Boarding-house for Seamen by such Person; but nothing in this Ordinance contained shall be construed to prevent any Seaman from having the whole or any Part of any unfurnished House for the Residence of himself or his Family, and boarding himself therein. [Residue has had its Effect.] Penalty for keeping an un licensed Boarding-house. Duties of house Keepers VIII. Every Keeper of a Boarding-house for Seamen shall cause daily to be entered in a Book in English, the Name and Description of each additional Seaman who has on that Day come to board or lodge at his House, and the Name of each Seaman who has left his House on that Day after being a Lodger or Boarder therein, and such other Particulars as the Harbour Inmates. Master may direct; and every Keeper of a Boarding-house shall, before Ten o'clock in the Morning of Monday, Wednesday, and Lists, Returns, &c. &c. of their Masters and board and lodge Desertion of Seamen. Friday in each Week, send to the Harbour Master's Office a List copied from his Book of the Seamen on that Day boarding or lodging in his House, and of those Seamen Boarders or Lodgers who left his House on any or either of the intermediate Days, and shall also particularize in such List those Seamen who wish for immediate Employment, and place opposite to the Names of those last named, the Names of the Ships from which they were last discharged; and the Harbour Master shall keep the Lists so furnished to him constantly in View, and in a conspicuous Part of his Office, for the Convenience of Masters of Ships requiring Men, and shall also post in a similar Manner, if required so to do, such Notices for the Supply of Men by Masters of Ships as the said Masters shall furnish. IX. Provided always, that nothing in this Ordinance contained shall prevent Masters or Mates of Ships from boarding or lodging elsewhere than at Licensed Boarding-houses. X. No Seaman who shall have been actually shipped by the Harbour Master or his Deputy on Board any Vessel in compliance with this Ordinance, shall, during the Time for which he is then shipped, be liable to be arrested on Civil Process, unless the Debt or Demand shall exceed the Sum of Five Hundred Dollars: Provided always, that by the Term Seaman in this Section shall be meant only a Person who has within the Space of One Year preProcess, in cer- viously served on board a Ship for Wages as a Seaman, and that the Protection from Arrest hereby granted shall not be held to extend to any Person not coming within such Definition. be liable to arrest on Civil tain Cases. Harbour Master or Deputy may require, before granting a Port Clearance to a Vessel, the Master thereof to search for suspected Deserters, and to make Declaration of such Search. Penalty for not complying with such Request. Penalties for cuments, and for false Descriptions and Statements. XI. The Harbour Master, or Person deputed by the Harbour Master for that purpose, before granting a Port Clearance to any Ship, may, if he have reasonable Grounds for Belief that any Deserter from a Merchant Vessel be concealed on Board of such Vessel, proceed on Board of such Vessel and then and there require the Master thereof to institute due and diligent Search for such Deserter, and further, if he deem it necessary, require the said Master to make Oath or solemn Declaration that to the best of his Knowledge and Belief, after due and diligent Search, no such Deserter is concealed within or about his Ship; and any Master of a Vessel refusing or unnecessarily delaying to comply with such Requisition or Requisitions of the Harbour Master, or such deputed Person, shall be liable, upon Conviction before any Magistrate, to a Fine not exceeding Forty Pounds Sterling, and to Imprisonment until such Fine be paid. XII. Any Person who shall forge or alter any Ticket, Certiforging of Do- ficate, Document, or Matter or Thing named in this Ordinance, shall be liable to be imprisoned for a Term not exceeding Three Months with Hard Labour; and any Seaman or other Person who shall give a false Description of his Services, or shew, or make, or procure to be made, any false Character, or shall make false Statements as to the Name of the last Ship in which he served, or as to any other Information which may be required of him by any Person having lawful Authority to demand such Information, shall be liable to a Penalty not exceeding Ten Pounds Sterling. XIII. Where Desertion of Seamen. Rights of Aliens in Colony. ties. XIII. Where no other Mode has been provided, all Pecuniary Manner of reFines under this Ordinance shall be recoverable before any one covering l'enalMagistrate on Summary Proceeding, and if such Fine be not paid, the Amount thereof, with Costs, if any, shall be levied on the Offender's Goods and Chattels; or if the Offenders fail to point out sufficient Goods and Chattels whereon to levy, such Offender may be imprisoned for a Term not exceeding Three Months, and the Magistrate before whom the Case may be heard, may award the whole or any Part of the Fine as a Compensation for Injuries sustained, or as a Reward to any Person who may have been active in the Apprehension of the Offender. XIV. Any Infringement of the Provisions of this Ordinance cial l'enalty not provided for by any special Penalty, shall subject the Offender provided for Into a Penalty not exceeding Ten Pounds Sterling, and that no this Ordinance, Conviction under this Ordinance shall be quashed for want of one not exceedForm, or be removed by Certiorari into the Supreme Court, and no Warrant of Committal shall be held void by reason of Defect therein, so that there be a good and valid Conviction to sustain the same. any Where no spe fringement of ing 107. levi able. Provision as to Want of Form on Conviction or WarXV. The Fees levied under this Ordinance shall be accounted rant; anl as to for by the Harbour-Master, or any other Person receiving the Certiorari. same, to the Colonial Government in the usual Way, and such Application of Fees shall be applied in making the Water Police of the Harbour Fees. of Hongkong a more numerous and effective Body, in adding if necessary to the Establishment attached to the Harbour Master's Office, and towards providing for the Relief of Sick Seamen in such Manner as shall seem proper to the Governor and the Executive Council. No. 2. oF 1853. An Ordinance for the Removal of Doubts regarding the Title. Aliens to hold and transfer Property within the Colony of Hongkong: Be it therefore enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, in pursuance of the Act made and passed at a Session holden in the Tenth and Eleventh Years of the Reign of Her Majesty, intituled "An Act for the Naturalization of Aliens," and of the Power inherent in the said Governor and Council, as follows: Lands or hold Lands in the Colony. And to sell, I. It shall be lawful for any Alien, and he is hereby declared Aliens entitled entitled, by Grant, Conveyance, Lease, Assignment, or Bequest, to acquire and or otherwise, to take, acquire, hold, and possess, any other immovable Property situated in this Island; and the said Lands or other Property as aforesaid to sell, transfer, assign, or bequeath, to any other Person, as fully and effectually to all Intents and Purposes, and with the same Rights, Remedies, Exemptions, and Privileges, as if he were a Natural Born Subject of Her Majesty residing in this Island. II. Every transfer, assign, the same. or bequeath |