mitted. Nen
shali Le conclusive.
The Bonghong Government Gazette.
[MARCH 27, 1858.
Cason to be trans- VI. Within Three clear Days after a Case has been delivered to an Appellant under this Ordinance, within he shall first transmit a Copy thereof with a Notice in Writing of his Appeal to the Respondent, and shall Three Days; and set. down For clear Days thereupon transmit the said Case to the Supreme Court, and the Case when so transmitted shall be set down before argument.
for argument in Court or in Chambers, by the Registrar of the said Court, at the request of either party, Four clear Days before the day appointed for the said argument; yet so as that Notice in Writing of the same having been so set down be given by the party so requesting, to the opposite party, Four clear Days before the day so appointed. Orlors of the Court- VII. The Supreme Court shall hear and determine every question of Law or Fact, arising upon a Case so set down, and shall (according to the circumstances thereof) affirm, amend, or reverse, the determination in respect whereof the said Case shall have been stated, or remit the matter of such determination with the said Court's opinion thereon to the said Justice, or make such other order with respect to the said matter, as shall be requisite to the due adjudication thereof, or remit the said Case to him, with direction to make a new determination, or (as the case may be) to amend the same, and to return it to the said Court,, within such time as the said Court may direct, and shall postpone judgment thereon, until after the same shail have been so returned, and then shall deliver judgment thereon accordingly, as to the said Court shall seem meet; and the said Court may likewise make all such Orders with respect to Costs, as shall be deemed meet; save that no Justice, who shall have stated and delivered a Case under this Ordinance, shall be liable to Costs for or by reason of the same, or of the determination in respect whereof the same shall have been stated.
Costs.
Determinations after
forced.
VIII. The Laws relating to the enforcement by Justices or others, of determinations of Justices not Appeal may be en- appealed against under this Ordinance, shall extend to and be applied by Justices or others in the enforce- ment of determinations affirmed, or amended, or made, under this Ordinance, and also to the judgments of the said Supreme Court, upon any Appeals under the same; and all Justices shall be bound to conform them- selves in the premises to the directions, opinions, and judgments of the said Court.
Certiorari or Man- danus not required.
sance.
IX. No Certiorari, Mandamus, or other Writ, shall be requisite for carrying into effect this Ordinance. Forfeited Recogni- X. The Laws for the time being in force with respect to the proceeding upon Recognisances forfeited before Justices or at Sessions, shall extend to all Recognisances which shall be taken under this Ordinance, and any of the Conditions whereof shall not have been complied with; yet so as that, upon every such Recog- nisance there shall be endorsed the Certificate of a Justice, stating in what respect the said Conditions have not been complied with, which Certificate shall be deemed to be primâ facic evidence of the forfeiture of the said Recoguisance.
General Rules and
Court.
XI. The Supreme Court shall have power (with consent of the Legislative Council) to make and Orders of the Supreme alter from time to time any General Rules and Orders of Court, for the better regulation of the practice and proceedings under this Ordinance, and subject thereto and to this Ordinance the said practice and pro- ceedings shall be regulated, so far as practicable, by analogy to the practice and proceedings for the time being observed in the Superior Courts of Law at Westminster, with respect to Appeals under the Act of Parliament of the Twenty-first Year of the Queen, Chapter Forty-three.
XII.
&c.
21 Vict. c. 43.
Summary Convie-
Henceforward the Summary Jurisdiction of Petty Sessions in Criminal Cases shall not be tions for Burglaries, ousted merely because the Offence charged or proved shall amount to a Burglary, Housebreaking, breaking or entering a Curtilage, stealing in a Dwelling-house, Shop, or Curtilage, or stealing from the Person: Yet so as that it shall be the duty of the said Court and of all Justices (where the Offence is of an aggravated nature) to commit such Offenders to the Supreme Court for trial.
Schedules of Acts,
Passed the Legislative Council of Hongkong,
this 22d Day of March, 1858.
L. D'ALMADA E CASTRO,
Clerk of Councils.
HONGKONG.
JOHN BOWRING.
ANNO VIGESIMO PRIMO VICTORIA REGINE.
No. 5 of 1858.
By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
An Ordinance for extending to this Colony certain Imperial Enactments, and certain Rules and Orders of the Superior Courts.
[22d March, 1858.]
Be it enacted and ordained by The Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :-
I. The Acts and Parts of Acts of Parliament, and the Rules, Orders, and Regulations, of the Superior Rules, and Orders, ex- Courts of Westminster, respectively specified in the Schedules hereunto annexed, are hereby extended to
this Colony, subject to the Provisions next hereinafter contained.
tended.
Courts and Officers
II. The said extended Enactments shall be so construed, as to enable the Provisions thereof to be here may execute the executed and enforced by any Courts and Officers respectively (howsoever designated), having or exercising extended Enactments. the same or similar or analogous functions to those belonging to, or exerciseable by, the Courts and Officers respectively (howsoever designated) to which the said Enactments relate: And all Powers vested in any Superior Court, or Judge, or Officer, by any of the hereby extended Enactments, shall be deemed to be hereby respectively vested in the said Supreme Court and its Officers.
Courts of Probate and Divorce, &c.
Construction of 21 Tich. c. ra.
Special provision for Policemen.
Rules and Orders
III. For the purposes of this Ordinance, the Supreme Court shall be deemed to be the " Court of Probate," and "The Court of Divorce and Matrimonial Causes ;" and also (in its Summary Jurisdiction) a
County Court."
46
IV. The Sections of the Act of the Twenty-first Year of the Queen, Chapter Seventy-seven, numbered from Fifty-four to Sixty both inclusive, shall be read and construed as though the Value of One Thousand Dollars were substituted therein for the respective Values of Two Hundred Pounds and Three Hundred Pounds, therein expressed.
V. Persons employed in the Police Force of this Colony, under the rank of Inspector, and dying here whilst so employed, shall not be deemed to be within the meaning of the last two Sections; but the Superintendent of Police for the time being is hereby constituted the Official Administrator of their Estates, and required to get in and administer the same with the sanction of the Colonial Secretary, and within One Month after the decease of any such Person to certify the same, and the amount in value of the Estate and Effects of such Persons, by Certificate under his hand to the Registrar of the Supreme Court, for registry in the said Court of Probate.
VI. All Rules of Court, Orders of Court, and Tables of Fees, made or published, or to be made or and Tables of Fees published by the proper Courts in England, and in force there under the Enactments hereby extended, or
any of them, may be recognised and adopted as applicable to this Colony by the said Supreme Court.
published by English Courts.
the