THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.
XLII. Where the Appeal shall be from a Decision given during Period of the Vacation of the Supreme Court in its original Jurisdiction, the Vacation. Time limited for the Application shall be reckoned exclusively of the unexpired Period of Vacation.
XLIII. Where the Appeal is from the Decision of a Question Appeal from of Fact, the Full Court may deal with the Case solely upon the the Decision of
Witness pre- Evidence originally taken or may re-examine any ⚫viously examined and admit any further Evidence, or may hear
the Case de novo.
a Question of Fact.
Law.
XLIV. Where the Appeal is from a Ruling or Judgment on a Appeal from Question of Law, or on a Matter of Discretion only, it shall be Decision of a heard upon a Case to be stated by the Parties (and in the Event Question of of any Difference, to be settled by the Full Court) in which Case [C. L. P. A. shall be set forth so much of the Pleadings, Evidence and the 1854, s. 30 & Ruling or Judgment objected to, as may be necessary to raise the s. 35.] Question for the Decision of the Full Court.
XLV. The Full Court shall have Power on every Appeal General Power whether on a Question of Fact, or of Law, or of Discretion, to try the Case de novo, if it shall think it necessary.
of Full Court on Appeal.
XLVI. The Court may stay Execution on the Application of Stay of Execu- the Appellant for such Time and on such Terms, if any, as to tion. Security or otherwise, as it shall deem just.
XLVII. Any Appeal from a Decision given in a Suit com- Appeals in menced before the Passing of this Ordinance, shall be heard before pending Suits. the Chief Justice according to the Law now in force in relation
to Appeals from the Court of Summary Jurisdiction.
Sittings of Court.
XLVIII. The Sittings of the Court for the Hearing of Suits and Special Days other Matters under this Ordinance shall take place on such Days to be fixed. as shall from Time to Time be fixed and determined by the Court.
Vacation.
XLIX. During Vacation, the Supreme Court shall be open daily Business in between the Hours of 11 A.M. and '1 P.M., or between any other Vacation. Hours by special Order of the Court, for the Hearing before the Vacation Judge, of Suits and other Matters under this Ordinance.
Forms.
Forms.
L. Until special Forms shall be prescribed for Use under this Application Ordinance by any General Rule or Order of the Supreme Court, of prescut and so far as the same may be incomplete, all Forms at present in use in the Supreme Court, or in the Court of Summary Jurisdiction, or Forms to the like Effect, with such Variations and Additions as Circunstances require, may be used for the Purpose of carrying out the Provisions of this Ordinance, and shall (as regards the Form thereof) be valid and sufficient.
Commencement of Ordinance.
LI. This Ordinance shall commence and take Effect on such Proclamation. Day as shall hereafter be fixed by Proclamation under the Hand
of the Governor.
Passed the Legislative Council of Hongkong, this 30th Day of September, 1873.
J
L. D'ALMADA E CASTRO,
Clerk of Councils.
SCHEDULE.
Form of Register of Summary Suits.
IN THE SUPREME COURT OF HONGKONG, ŠUMMARY JURISDICTION,
Suits in the Year 18
Date of Writ.
Name, Description
and Place of
Abode of Plaintiff,
Name. Description
and Place of Abobe of Defendant.
Particulars of
Claim.
Date of Hearing. Date of Judgiaent.
Date of Appeal.
Judgment on Appealį
Particulars of Ex-
ecution Ordered.
Return of Execu-
tion.
Review.
Appeal.
521