16
How far the Law of England to prevail.
Constitution of Court.
Seal of the Court.
Judges to hold no
COLONIAL ORDINANCES.
IV. And be it further enacted and ordained, That the Law of England shall be in full Force in the said Colony of Hongkong, except where the same shall be inapplicable to the Local Circum- stances of the said Colony, or of its Inhabitants; and that in all Matters relating to the Practice and Proceedings of the said Supreme Court, the Practice of the English Courts shall be in Force, unless and until otherwise ordered by Rule of the said Court.
V. And be it further enacted and ordained, That the said Supreme Court of Hongkong shall consist of, and be holden by and before, a Judge to be called the Chief Justice of the Supreme Court of Hongkong and its Dependencies, and to be appointed by Letters Patent under the Public Seal of the Colony from Time to Time by the Governor of Hongkong, in Accordance with such Instructions as he may receive from Her Majesty, Her Heirs, and Successors; and such Chief Justice shall hold his Office during the Pleasure of Her said Majesty, subject to Suspension by the Governor in like Manner as other Officers in the said Colony: Provided that in case the said Office of Chief Justice shall become Vacant by Death or otherwise, it shall be lawful for the Governor to appoint another fit and proper Person to fill the said Office of Chief Justice, until her said Majesty's Pleasure be known; or in case of the Temporary Illness or Absence of the Chief Justice, it shall be lawful for the Governor to appoint another fit and proper Person to fill the said Office of Chief Justice until the Chief Justice shall resume the Duties of his said Office.
VI. And be it further enacted and ordained, That the said Supreme Court shall have and use, as Occasion may require, a Seal, bearing a Device and Impression of the Royal Arms, within an Exergue or Label surrounding the same, with this Inscription, "The Seal of the Supreme Court of Hongkong ;" and all Writs and other Process issuing out of the said Court shall be sealed therewith.
VII. And be it further enacted and ordained, That no Judge of other Otfice of Profit. the said Supreme Court shall be capable of accepting, taking, or per- forming, any other Office or Place of Profit or Emolument, on Pain that the Acceptance of any such other Office or Place as aforesaid, shall be and be deemed in Law de facto an Avoidance of his Office of Judge, and the Salary thereof shall cease, and be deemed to have ceased accordingly, from the Time of such Acceptance of any such other Office or Place.
Officers of the Court.
Officers how to hold Office.
VIII. And be it further enacted and ordained, That there shall be and belong to the said Supreme Court the following Officers, that is to say, a Registrar, a Clerk, and an Interpreter thereof, and such and so many other Officers, as to the Governor, or Acting Governor for the time being, of the said Colony, shall from Time to Time appear to be necessary for the Administration of Justice, and the due Exe- cution of all the Powers and Authorities which are granted and com- mitted to the said Court by this Ordinance.
IX. And be it further enacted and ordained, That the several Superior Officers of the said Court, who now are, or hereafter may be appointed to their said Offices by Her Majesty, Her Heirs, and Successors, shall hold their several Offices during the Pleasure of Her
said
99 VICTORIE.No. 6 OF 1845.
said Majesty, subject to Suspension by the Governor, in like Manner as other Officers in the said Colony; and that all other Officers shall be removable from their several Offices in the said Court by the Governor, or Acting Governor for the Time being, upon reasonable Cause.
X. And be it further enacted and ordained, That the said Supreme Court is hereby authorized and empowered to Approve, Admit, and Eurol such Persons as shall have been admitted Barris- ters or Advocates in Great Britain or Ireland, to practise as Barristers; and such Persons as shall have been admitted as Solicitors, Attorneys, or Writers in one of the Courts at Westminster, Dublin, or Edin- burgh, or as Proctors in any Ecclesiastical Court in England, or who shall have served for a period of Three Years as an Articled Clerk to any Solicitor, Attorney, or Proctor, actually practising as such within the Colony of Hongkong, or shall have been admitted as Solicitors, Attorneys, or Proctors, in any other of Her Majesty's British Colonies, to practise as Solicitors, Attorneys, and Proctors in the said Court; subject nevertheless to be removed and struck off from the Rolls of the said Court, upon reasonable Cause.
17
Admission of Bar risters and Attorneys.
admitted to practise for
XI. Provided always, and be it further enacted and ordained, Fit persons to he That in case there shall not be a sufficient Number of Barristers, Three Months in case Solicitors, Attorneys, and Proctors within the said Colony, competent of Necessity. and willing to appear and act for the Suitors of the said Supreme Court, it shall be lawful for the said Court, and the said Court is hereby authorized, to admit temporarily so many other fit and proper Persons to appear and act as Barristers, Solicitors, Attorneys, and Proctors, as may be necessary, according to such Rules and Regula- tions as the said 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.
Processes.
XII. And be it further enacted and ordained, That the Sheriff of Sheriff of Hongkong Hongkong for the Time being shall, by Himself or his sufficient to execute Writs and Deputy, (to be by him appointed, and duly authorized under his Hand and Seal, and for whom he shall be responsible during his continuing in such Office,) execute, and the said Sheriff and his said Deputy is and are hereby authorized to exccute, all Writs, Summonses, Rules, Orders, Warrants, Commands, and Processes of the said Supreme Court, (other than such as shall be issued under the Summary Jurisdiction of the said Court, as hereinafter provided by Ordinance No. 6 of 1845,) and make a Return of the same, together with the Manner of the Execution thereof, to the said Court, and to receive and detain in Prison all such Persons as shall be committed to the Custody of such Sheriff by the said Court.
XIII And be it further enacted and ordained, That whenever the said Supreme Court shall direct or award any Process against the said Sheriff, or award any Process in any Cause, Matter, or Thing wherein the said Sheriff, on Account of his being related to the Parties, or any of them, or by Reason of any good Cause of Challenge which would be allowed against any Sheriff in England, cannot, or ought not by Law to execute the saine, in every such Case the said E
Court
Process against She. riff,
56