404 ORDINANCE No. 4 OF 1858 .
Appeals from Justices.
No. 4 of 1858.
An Ordinance for Summary Jurisdictions and Appeals to the
Supreme Court .
[ 22nd March, 1858. ]
E it enacted and ordained by His Excellency the Governor of Hong
kong, with the advice of the Legislative Council thereof, as
follows :
"Justice " to 1. The word " Justice " in this Ordinance shall include every Court
include
"Court," and of Summary Jurisdiction , and whether of primary Jurisdiction or ap
Party to
include pellate, except the Supreme Court ; and the word " Party " shall include
"Crown."
Meaning of the Crown ; and the word " Appellant" shall mean the party applying
"Appellant"
and " Re under section 2 of this Ordinance ; and the word " Respondent " shall
spondent."
mean the opposite party.
Application 2. Within three [ " seven " as amended by Ordinance No. 8 of 1889 ].
may be made
within three clear days after the determination by a Justice of any suit, information ,
days to state
a case ; and or complaint, which he hath or shall have power to determine in a
must be
granted summary way, either party to the matter so determined may apply in
except it be
frivolous . writing to the said Justice, to state and sign a case setting forth the facts
of the said matter, and the grounds of the said determination , for the
opinion ofthe Supreme Court thereon ; which application the said Justice
is hereby required to grant, unless he have reason to believe that the
same is merely frivolous , ( in which case only he may refuse the same, )
and shall thereupon , upon receiving from the said appellant the Crown
fee of one current dollar, sign and deliver unto him a certificate of such
refusal ; yet so as that, if any such application be made officially by the
Attorney General, or under his fiat, the Justice to whom the same is
made shall be bound to grant the same, whatever may be his belief in
that behalf.
Recognisance 3. On the said application being granted , and before the said case
of appeal.
being stated and delivered by the said Justice, the appellant shall enter
into a recognisance before him , or any other Justice exercising the same
jurisdiction , with or without sureties , and in what sum to the said Justice
shall seem meet, conditioned to prosecute his appeal in that behalf, with
out delay and with effect, and to submit to the judgment of the said
Supreme Court, and pay such costs as may be awarded by the same ; and
Fces payable. the said appellant shall likewise, before the delivering of the said case,