ORDINANCE No. 3 OF 1858.
Supreme Court.
No. 3 of 1858.
An Ordinance for the Supreme Court.
[22nd March, 1858.]
Be it enacted and ordained by His Excellency the Governor of Hong-kong, with the advice of the Legislative Council thereof, as follows:-
1. Causes, actions, and all proceedings whatever, may be heard, had, prosecuted, and determined, as well in term as out of term.
2. The ordinary sessions for the despatch of the criminal business of the said Court, shall begin on the eighteenth day of each month, in which such sessions are, or shall be, appointed to be holden, or, if the said day shall be a dies non, then on the first lawful day next following. [Repealed by Ordinance No. 3 of 1865.]
3. Except for the purpose of issuing writs, receiving petitions, or completing any sessions, hearing, inquiry, or trial, actually commenced on or before the day next hereinafter mentioned, the said Court, and the offices thereof, shall be closed from the evening of the twentieth day of August, ["September" as amended by Ordinance No. 3 of 1859] in each year, and remain closed until the morning of the twelfth day of October, ["November" as amended by Ordinance No. 3 of 1859] then next following.
4. It shall not be necessary to institute any proceeding on the Equity side of the said Court, for the purpose of bringing before the Court any equitable claim, defence, or question, incident or collateral to, or arising out or in the course of, any proceeding on any other side of the said Court (except the Summary Jurisdiction thereof), or in aid of such last-mentioned proceeding: But every such claim, defence, or question may be so heard, and determined, on petition presented, or motion made, and intituled respectively in such last-mentioned proceeding, or as the Court shall direct: And in every such case the said Court shall have the like power to direct inquiries, accounts, and other preliminary or consequential matters, and to enforce its said directions, and to make interlocutory or final orders and decrees in the premises respectively, as in a suit or proceeding commenced by bill, petition, claim, case, or summons, on the Equity side of the said Court.
Proceedings in term and out of term.
Criminal sessions.
The Court, &c., to be closed between the 20th August and the 12th October (November).
Equitable jurisdiction extended.