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THE HONGKONG GOVERNMENT GAZETTE, 22ND NOVEMBER, 1890.
1163
A.D. 1890.
Rules for pro-
trade matters.
13.-1.) It shall be lawful for Her Majesty the Queen in Council by Order to make rules as to the practice and procedure (including fees and costs) to be observed in and the returns to be made from Colonial Courts of Admiralty and Vice-Admiralty cedure in slave Courts in the exercise of their jurisdiction in matters relating to the slave trade, and in and from East African Courts as defined by the Slave Trade (East African Courts) Acts, 1873 and 1879.
(2.) Except when inconsistent with such Order in Council, the rules of court for the time being in force in a Colonial Court of Admiralty or Vice-Admiralty Court shall, so far as applicable, extend to proceedings in such court in matters relating to the slave trade.
(3.) The provisions of this Act with respect to appeals to Her Majesty in Council, from courts in British possessions in the exercise of the jurisdiction conferred by this Act, shall apply, with the necessary modifications, to appeals from judgments of any East African court made or purporting to be made in exercise of the jurisdiction under the Slave Trade (East African Courts) Acts, 1873 and 1879.
36 & 37 Vict. c. 59. 42 & 43 Vict. c. 38.
Interpretation.
14. It shall be lawful for Her Majesty in Council from time to time to make Orders in Council, Orders for the purposes authorised by this Act, and to revoke and vary such Orders, and every such Order while in operation shall have effect as if it were part of this Act. 15. In the construction of this Act, unless the context otherwise requires,-
The expression "representative legislature" means, in relation to a British possession, a legislature comprising a legislative body of which at least one half are elected by inhabitants of the British possession. The expression "unlimited civil jurisdiction" means civil jurisdiction unlimited as to the value of the subject-matter at issue, or as to the amount that may be claimed or recovered.
The expression "judgment" includes a decree, order, and sentence. The expression "appeal means any appeal, rehearing, or review; and the expression "local appeal" means an appeal to any court inferior to Her Majesty in Council.
The expression "Colonial law" means any Act, ordinance, or other law having the force of legislative enactment in a British possession and nade by any authority, other than the Imperial Parliament or Her Majesty in Council, competent to make laws for such possession.
of Act.
16.-(1.) This Act shall, save as otherwise in this Act provided, come into force Commencement in every British possession on the first day of July one thousand eight hundred and ninety-one.
Provided that-
(a.) This Act shall not come into force in any of the British possessions
named in the First Schedule to this Act until Her Majesty so directs.
by Order in Council, and until the day named in that behalf in such Order; and
(b.) If before any day above mentioned rules of court for the Colonial Court of Admiralty in any British possession have been approved by Her Majesty in Council, this Act may be proclaimed in that possession by the Governor thereof, and on such proclamation shall coine into force on the day named in the proclamation.
"
(2.) The day upon which this Act comes into force in any British possession shall, as regards that British possession, be deemed to be the commencement of this Act.
(3.) If, on the commencement of this Act in any British possession, rules of court have not been approved by Her Majesty in pursuance of this Act, the rules in force at such commencement under the Vice-Admiralty Courts Act, 1863, and in India the rules 26 & 27 Vict. c. 24. in force at such commencement regulating the respective Vice-Admiralty Courts or Courts of Admiralty in India, including any rules made with reference to proceedings instituted on behalf of Her Majesty's ships, shall, so far as applicable, have effect in the Colonial Court or Courts of Admiralty of such possession, and in any Vice-Admiralty Court established under this Act in that possession, as rules of court under this Act, and may be revoked and varied accordingly; and all fees payable under such rules may be taken in such manner as the Colonial Court may direct, so however that the amount of each such fee shall so nearly as practicable be paid to the same officer or person who but for the passing of this Act would have been entitled to receive the same in respect of like business. So far as any such rules are inapplicable or do not extend, the rules of court for the exercise by a court of its ordinary civil jurisdiction shall have effect as rules for the exercise by the same court of the jurisdiction conferred by this Act.