CO885(3-4) — Page 213

Miscellaneous,

No. 34.

No. 14 of 1873.

An Ordinance enacted by the Governor of Hong Kong, with the advice Tide.

of the Legislative Council thereof, to abolish the Court of Summary Jurisdiction, and to confer upon the Supreme Court a Summary Jurisdiction at Law and in Equity.

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[30th September 1873.]

WHEREAS it is expedient to abolish the Court of Summary Jurisdiction Preamble.

and to confer upon the Supreme Court a summary jurisdiction at law

and in equity: Be it enacted by the Governor of Hong Kong, with the advice of the Legislative Council thereof, as follows:--

This Ordinance may be cited as "The Supreme Court Summary Jurisdiction Short title, Ordinance, 1878."

clause.

The following terms and expressions shall be understood as herein-after Interpretation defined or explained, unless there be something in the subject or context repugnant to such definition or explanation; that is to say,

"Supreme Court" or "Court" shall include the Chief Justice or the Puisne Judge of the Supreme Court sitting in court or in chambers, under this Ordinance.

"Full Court" shall mean the Chief Justice and Puisne Judge sitting

together for the purposes of appeal.

"Court of Summary Jurisdiction" shall mean the court established by

Ordinance No. 7 of 1862

"Judge" shall mean the presiding judge.

"Vacation Judge" shall mean either of the Judges for the time being

remaining in the colony during the vacation of the Supreme Court. "Code of Civil Procedure" shall mean the Code of Civil Procedure intro-

duced by Ordinance No. 13 of 1878.

"Principal Register" shall mean the register of suits established under the

Code of Civil Procedure.

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"Register of Summary Suits" shall mean the register of suits established

under this Ordinance.

Original Jurisdiction" shall mean the jurisdiction of the Supreme Court

on the trial of causes under the Code of Civil Procedure.

Registrar" shall mean the Registrar of the Supreme Court.

"Bailiff" shall mean the officer appointed to execute the process of the

Supreme Court in its Summary Jurisdiction.

The Court of Summary Jurisdiction.

The Court of Summary Jurisdiction is hereby abolished, and Ordinances Abolition of No. 7 of 1862, and No. 1 of 1871, and all rules and orders of the said court the court made thereunder, are hereby repealed, except for the purpose of completing and any case or winding up any business or matter whatever pending in the said rules. court at the time of the passing of this Ordinance.

BADOWS

From and after the commencement of this Ordinance, it shall be lawful for Summary the Supreme Court to exercise a summary jurisdiction at law and in equity

jurisdiction

in the suits or matters herein-after mentioned; and in all cases in which by Supreme any Ordinance any proceedings are to be instituted, or any appeals to be Court. heard, in or before the Court of Summary Jurisdiction, the same may be instituted or heard in or before the Supreme Court under the provisions of this Ordinance.

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The officers of the Court of Summary Jurisdiction shall be transferred to, Transfer of and become officers of the Supreme Court, and as such they shall respectively receive salaries of an amount equal to or not less than the salaries now attached to their respective offices in the Court of Summary Jurisdiction; and they shall perform such duties in the Supreme Court as the Chief Justice shall prescribe.

C. 787. 198-1/78. G. D. 89.

PUBLIC RECORD OFFICE

Reference :-

mwimmimC.O. 885

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PUBLIC RECORD OFFICE, LONDON

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