THE HONGKONG GOVERNMENT GAZETTE, 5TH JULY, 1873.
[See High
XVII. The Chief Justice shall regulate the Distribution of Distribution of Business in the Court and all Suits and other Proceedings what- Business. soever, except Appeals, shall in the First Instance, be heard Powers of before one of the Two Judges sitting alone, unless the Chief Single Judge.
Justice shall direct that the sume shall be heard before the Full Court.
XVIII. There shall be an Appeal as of Right from every Decision Appeals to the of one of the Judges sitting alone, and every Appeal from such Full Court. Decision, or from the Decision of any Magistrate, shall be heard
before the Full Court.
XIX. Whenever the Full Court shall sit on Appeal, or for the Double or Court of Ben-Hearing and Determination in the First Instance of any Suit casting Vote. gal Rule 25.]
or other Proceeding whatsoever, and there shall be a Difference of Opinion between the Two Judges, the Chief Justice shall have a double or casting Vote.
Rules and
XX. The Chief Justice may make and prescribe such Rules Power to re- and Orders, touching the Times of holding the Court, Form of gulate Sittings Process, Pleadings, and other Business and Proceedings of the and make Court, and of the Fees payable therein, as to the Court shall Orders. seem fit, and such Rules and Orders from Time to Time to alter, [See No. 6 of amend, or revoke, as Occasion may require: Provided always 1845. s. 23 and that no such Rules or Orders, or any Alteration, Amendment, or No. 2 of 1846, Revocation thereof, shall be deemed binding until the same shall s. 4.]
have been revised and approved of by the Legislative Council and shall have been published in the Gazette.
[No. 6 of 1845, s. 11.]
[No. 6 of 1845, s. 26.]
[Ibid, s. 27.]
[Thid, s. 28.
No. 6. of 1855,
Three Months in Case of Ne-
XXI. In Case there shall not be a sufficient Number of Bar- Fit Persons to risters, Solicitors, Attornies, and Proctors within the Colony, be admitted to competent and willing to appear and act for the Suitors of the practise for Supreme Court, it shall be lawful for the Court, and the Court is hereby authorized, to admit temporarily so many other fit and cessity. proper Persons to appear and act as Barristers, Solicitors, At- tornies, and Proctors, as may be necessary, according to such Rules and Regulations as the Court shall, for that Purpose, make and establish: Provided that the Persons so admitted shall be admitted for a Period of Three Months only, and shall not be re-admitted without obvious Necessity.
XXII. It shall and may be lawful, to and for the Supreme Allowance of Court, in all Proceedings therein, whether of a Civil or Criminal Expenses and Compensation Nature, to order and allow to all Persons examined or detained as to Witnesses. Witnesses in any such Proceeding, such Sum or Sums of Mouey as to the Court shall seem fit, as well for defraying the reason- able Expenses of such Witnesses, as for affording them a reason- able Compensation for their Trouble and Loss of Time.
XXIII. If any Person served with a Subpoena to attend the Contempt of Supreme Court as a Witness in any Suit or Action therein, or Court. upon the Trial of any Indictment or Information, shall refuse or neglect to attend the Court pursuant to such Subpoena, or if any Person shall be guilty of any Contempt before the Court, it shall be lawful for the Court to punish any such Person in a summary Way, by Fine not exceeding One Hundred Dollars, or by Impri- sonment for any Time not exceeding Two Months: Provided that nothing herein contained shall affect or abridge the Right of any Plaintiff or Defendant to proceed against any Party for not appearing pursuant to his Subpoena for the Recovery of any special Damage such Plaintiff or Defendant may have sustained by reason of the Disobedience of any such Party.
XXIV. If in any Cause, Suit, or Action, Civil or Criminal, or in Summary s. 77 and No. 2 any Proceeding connected therewith, it shall appear to the Court Punishment of of 1860.]
that any Person examined as a Witness upon Oath or De- Perjury. claration, or, if a Quaker, on Affirmation, has committed wilful and corrupt Perjury, or that any Person, in swearing, declaring, or affirming in any Affidavit, Declaration or Affirmation required to be made before the Court, has been guilty of the like Offence, then in each and every such Case, it shall and may be lawful for the Court to direct a Prosecution for Perjury to be forthwith instituted against any such Person so falsely swearing, declaring, or affirming as aforesaid, in order that he may be punished according to Law; or where such Perjury is committed by any Person ex- amined as a Witness in open Court, it shall be lawful for the Court instead of directing such Prosecution to be instituted as aforesaid, either to commit such Witness, as for a Contempt of the Court, to Prison, for any Time not exceeding Two Months, or to fine such Witness in any Sum not exceeding One Hundred Dollars: Provided that the Powers hereinbefore given shall be in full Force and Operation, notwihtstanding any Irregularity or Want of Form in the Administration of the Oath, Declaration, or Affirmation.
[No. 6 of 1845,
A. 23.]
XXV. The Supreme Court shall hold its Sittings in such Place of hold- Place as the Governor shall from Time to Time appoint.
ing the Su- preme Court.
XXVI. All Suits and Proceedings whatsoever commenced and Pending Suits,, pending in the Supreme Court at the Date of the Passing of this Ordinance shall be continued in the Supreme Court as recon- stituted under this Ordinance.
XXVII, This Ordinance shall commence and take Effect on such Commeuce- Day as shall hereafter he fixed by Proclamation under the Hand ment of Ord-
inance.
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