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HONGKONG.
ANNO
OCTAVO
VICTORIÆ REGINÆ.
No. 15 of 1844,
ad
14
Frau Nr. 13 of 1844 S. & Endli
Y His Excellency JOHN FRANCIS DAVIS, Espire, Governor and Communit Chief of the Colony of Hongkong, and its Dependencies, Her Majesty nipotentiary, and Chief Superintendent of the Trade of British Subjects in Coving h the advice of the Legislation Council of Hongkong.
AV ORMNANCA TO ESTABLING A SUPREME COURT OF JURICATURE AT HONGKONG
11And be it further uncrest and ordained, That in all matters and proceeding
of the Holand
"dinance of 1,844
and Formentof 18 Jan 1844
vernment Rotification of
in the said Supreme Court there shall be taken and allowed such fees as the Court sho from time to time order and direct; and that the fore specified in the erbedste hereant Jandexed, marked (32. 10) shall be the awful fees to be taken and allowed in the sa
Cout fother than in proceedings under the summary jurisdiction thereof as harvin itzuray provided), unless and until the Court sindl therwige order and slireer. And all Gëz
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received by de Registrar, as well as those received by the interior carers duly 1814 14
shall he actuated for Quarterly by them respectively to the Colonial Treasurer.
Serkuble (N°. 19.) See, 112. FEES.
for Gling and entering Plaint, or Statement of cause of action
For fling av entering. Declaration where the ssunt claimed shall not exceed
100 Dollars
And for every 100 Dollars after the fret 100 Dollars
And in all ejectinents, and in all Actions and proceedings where the thing enght to be recovered chall consist of lands or hunks or body he charge on filing and entering decbzation shall be I per cent upon the valuation at which the same is assuaved by Government
And in all actions or proceedings brought for the recovery of a specific personal Chatel, or for danges done thereto, or for antevoreinu of the same, the charge for filing and entering declaration shall be 1 per cent on the value of the Chattel, and 1 per cent on the damage laid in the Telaration
Wat of Seamous, each Defendant
Registrar's Certificate of Declaration being filed
For filing very Affidavit of Debt where the sum sworn to is under or amounts
16 10 Dollars.
Filing every Affidavit of Debt where the eum sworn to exureds 100. Dollars
for every 100 Dollars-
For Judge's order for a Capias
For Cupins in purananen in every case •
For Filing and Entering every Appenzauce
For annexing every Pica, Anewer, Defence, or Demurrer to Declaration, ench
Defendant
For Subpean, each Witness
For entering every cause
For Calling wame.
For administering every Oath in Court or Chambers
For reading every exhibit, document, or paper produred in evidence, unless the
Caut or Judge sled at the time divcet a larger sum to be paid'
For every Judgement or Decree pronounced by the Court or Judge, where the
amount recovered does not exceed 100 Dollars.
And for every 100 Dollars above the first 100 Dollars
For entering every Judgment or Decree-
For taxing Costs where the Rill does not exceed 190 Dollars
And for every 100 Dallers above the first 100 Dollars -
For all Writs of Execution
For every copy of Declaration, Bill, Potition, Plea, Answer, Demurrer, or any other documeut, paper, or proceeding in Cours, not otherwise charged, in all matters, per folio
-
For Registrat,or Clerk, cxamining orantesting, and certifying stige in all matters
For every Habeas Corpus. Matirlamus, Certiorari, or any other Weit or
Process whatsnestr, nd otherwise charged
For every Attachment for Contempt in the presence of the Court or otherwise,
or disobedience of Order ur Rule of Court
For all Interrogatoris and Answers find thereto in pursuance thereof, per fotiu
For every Commission to examine or swear Witnesses, ench Witness
For every Search in the Registrar's Ofice
For every Rule or Order of Court
For every Receipt granted by the Registrar when demanded
For every attendance by the Registrar, or other person appointed by the Court,
within the limits of Victoria, to administer Oaths, or transact other business, exclusive of expenses
Beyond the limits of Victoria
Appeatable Matters.
For fiing and entering every Petition for leave to appeal
For every Certificate of Appeal allowed
Eselesiastient Matters.
For filing and entering petition for Probate or Lettere of Administration
Swearing Petitioner to the 'Truth of Petition
For every caveat filed
For granting Probate or Laiters of
Administration
For filing and entering Bond by Administrator
For every Certificate by the Registrar, or other elicer, of Ascounts and
Inventories being filed, when the sun realized shall exceed 100 Dollars
And for every 100 Dollars above the first 100 Dollars.
Swearing party to Truth of Account or Kaventory
For every exeroplification of Will per folin
For affixing the Seal of the Court to asy Process, during Court hours
After Court bours
►
CROWN FEES to be taken and received by the Registrar when the Court sits as a Court of OYER and TERMINE and Gao. Delivery. For preparing any Bouch Warrant, and every other process issuing out of the
Court of Oyer and Terminer
For every Venire, taking avery recognizance, or discharging, or respiting the eane, recording the appearance, plea, or acquittal of every Defendant, for every Bail, and justification of Bail, and for every order of the Court, and copy thereof, in case of felony
For the same except in Felony.
For Copies of Indictments, or other papers when ordered or required,per folin
For every Subpana
For every Search in Office -
4
For calling and swearing the Jury on Trial
Far entering and recording verdict
For reading ovory Notice or other Document exhibited in Court as evidence
For every Oath administered in Court
For every Prisoner discharged by Proclamation, or acquitted of felony. -
For the exo except in felony
For every Prisoner convicted of felony
For the same except in felony -
Sherif's Fees.
For service of every Writ of Summons, Sumoons, Subpoena, Citation, or Order
For serving every Writ of Capias and other Bailable Process-
For discharging every Defendant at the desire of the Plaintiff -
For releasing Property seized ander Writ of Sequestration, or Fieri Fatiss by-
the desire of the Plaintif
For drawing and taking oach Bail-Bond, every D fendant
When any Samurous, Writ or Process of any kind slind be executed,
or act donu, for which a fee is suthorised to be taken as above, the Deputy doly appointed who shall execute such process, or do such act, shall be entitled to one half the fee or fees which the Sheriff may lim under this table
Poundage.
Fise per cent to be charged on the first Five hundred Dollars,and two and a half
per cent upon every One hundred Dollars aboro Five hundred Dollare
ia
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cents.
150
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1:22. —And be it further enacted and ordwined, "That in all actions and complaints ar other proceedings under the Summary Jurisdiction given by the Ordinance, the fees specified in the schedule hereunto antiexed, marked (No. 12.) shall, unless and until etherwise ordered and directed, be established, and be deemed and maken, as the lawful fees and emolaments for the discharge of the several duties therein specified; and the Chief Justice of the said Court shall have fall power 10 rompel the payment thereof in a summary way, ly order, and on non-payment, by warrant of distress and sale, under his hand and scaled with the seal of the Court;
and the said fees shall be received and accounted for by the Registrar-of the mid Court, and be paid over Quarterly to the Colonial Treasurer for the public uses of the said Colour
SCBRDELE (N. 12) S. 132.
Table of Fees
For entering every plaint, action, &c., and particulars of demand
Entering every appearance and defence
Summons for Defendant, and Copy
Entering notice of hearing
Copy and service on Plaintiff, and defendant, ench
Any notice required during the course of proceedings
Fee on hearing and adjudication, where the sum to be recovered shall not excoed
$50.
Exceeding $50 and not exceeding $100
Each Subpene of witness, and Copy
Drawing and signing order for costs, decree, or dismissal, each
Every Oath of party, or witness examined -
Chief Jasice's warrant to bajüff for executing decrce
Executing any decien or nrier, where the sum shall not exceed 850
Exceeding 250 and not exceeding 100
Copies of any other proceedings per folio
#cents;
150;
Ant
March 2 181 4.
Kitt for Parthi kucho es
leting
Passed the Legislative Council of Hongkong,
Victoria, 21st August. 1844,
E. A. SHELLEY.
Clerk of Councils.
HONGKONG,Fublished by Authority
Printed by John Calese.
332
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7-And be it further enacted and sized. That there span be and belong to the Court the following Officers, that is to say a Registrar, a Cleck, end an Interpreter Sof, and such, and so many other Officers, as to the Chief Justice of the said Court for une being, shall from time to the appear to be necessary for the administration of -ce, and the due execution of all the Powers and Authorities which are granted and mitted to the said Court by this Ordinance; and that ail Persons who shall or be appointed to any subordinate Office within the said Suurene Court of Hong- , shall be so appointed by the Chief Justice of the said Co it for the time being, shall be removable at the discretion of the said Chief Justice: Provided neverthe- that no new Office shall be created in the said Court, unless the Governor, or Acang ernor for the time being, of the said Colony, shail first sigurẩy has approvation thereof e said Chief Justice for the time being, in writing, under the hand of such Go-- or, or Acting Governor as aforesaid.
8. And be it further enacted and ordained, That the several Superior Officers of jsaid Count, who now are, or hereafter may be appointed to their said Offices by Her jesty, Her Heirs and Successors, shall hold their several Offices during the pleasure. Her said jesty, subject to suspension by The Governor, in like maimer as other cers in the said Colony; and that all other superior Oficers, appointed with the probation of The Governor as aforesaid, shall be reinovable from their several Offices the said court by The Governor, upon reasonable cause.
-And be it further enacted and ordained, That the sail Supreme Court of ungkong is her by authorized and empowered, to approve, admit, and eurot such, and many persons having been admitted Barristers at Law, or Advocates in Great Britain nd Ireland, so Act as Barristers and Advocates; or having been admitted Vriters, paruies, or Suliciers, in one of the Courts at Westumuster, Dublin, or Edinburgh, having been admitted as Proctors in any Ecclesiastical Court in England, to Act in e character of Pro.tors, Attornies, and Solicitors in the said Court; and which persons approved, admited, and enrolled as aforesaid, shall be, and are hereby authoriz. d to Ipear, and plead, and act, in their several respective characters, for the suitors of the said ourt, subject always to be removed by the said ourt, from their respective stations erein, upon reasonable canso: and it is hereby further enacted and ordained, that no her person or persons whatsoever shall be allowed to appear, and plead, or set in the Supreme Court of Hongkong for, and on behalf of sach suiters, or any of them
10. And be it under enacted and ordained, That in ene there shall not be a ficient number of such Barristers at Law. Advocates, Wricts, Attornies, Solicitors, 3d Proctors within the said Colony, competent and willing to appear, and hot for tha tors of the said Court, then, ard in that case, the said Supreme Court of Hongkong all, and is hereby authorized to admit temporarily so many other fit and proper persous appear and Act as Barristers, Advocates, Proctors, Attornies, and Solicitors as may necessary, according to such General Roles and Qualifications as the said Court
hail, for that purpose, make and establish: Provided always that the person? 30
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