Period of vacation.
Appeal from
the decision of
■ question of fhet.
Appeal from
decision of a
guestion of Law.
[C. L. P. A. 1854, s. 39 &
. 35.]
General power
of full court on appeal.
Stay of exe
cution.
Appeals in Fending suits.
Special days to be fixed.
Business in vacation.
Application of
6
law arising in the case, he may, within seven days from the date of the judg- ment, apply to the full court in its original jurisdiction for leave to appeal, and the full court may grant leave to appeal on such terms as to notice and other matters as it may, in its discretion, think fit: Provided always that the full court may, in its discretion, extend the time hereby limited for such application either before or after the expiration thereof.
Where the appeal shall be from a decision given during the vacation of the Supreme Court in its original jurisdiction, the time limited for the appli- cation shall be reckoned exclusively of the unexpired period of vacation.
Where the appeal is from the decision of a question of fact, the full court, may deal with the case solely upon the evidence, originally taken or may re- examine any witness previously examined and admit any further evidence, or may hear the case de novo.
•
Where the appeal is from a ruling or judgment on a question of law, or on a matter of discretion only, it shall be heard upon a case to be stated by the parties (and in the event of any difference, to be settled by the full court) in which case shall be set forth so much of the pleadings, evidence, and the ruling or judgment objected to, as may be necessary to raise the question for the decision of the full court.
The full Court shall have power on every appeal whether on a question of fact, or of law, or of discretion, to try the case de novo, if it shall think it necessary.
The Court may stay execution on the application of the appellant for such time and on such terms, if any, as to security or otherwise, as it shall deem just.
Any appeal from a decision given in a suit commenced before the passing of this Ordinance, shall be heard before the Chief Justice according to the law now in force in relation to appeals from the Court of Summary Jurisdiction.
Sittings of Court.
The sittings of the Court for the hearing of suits and other matters under this Ordinance shall take place on such days as shall from time to time be fixed and determined by the Court.
Vacation.
During vacation the Supreme Court shall be open daily between the hours of 11 a.m. and 1 p.m., or between any other hours by special order of the Court, for the hoaring before the vacation judge of suits and other matters under this Ordinance.
Forms,
Until special forms shall be prescribed for use under this Ordinance by present forms. any general rule or order of the Supreme Court, and so far as the same may be incomplete, all forms at present in use in the Supreme Court, or in the Court of Summary Jurisdiction, or forms to the like effect, with such varia- tions and additions as circumstances require, may be used for the purpose of carrying out the provisions of this Ordinance, and shall (as regards the form thereof) be valid and sufficient.
Proclamation.
Commencement of Ordinance.
This Ordinance shall commence and take effect on such day as shall hero- after be fixed by proclamation under the hand of the Governor.
Passed the Legislative Council of Hong Kong, this 80th day of September
1873.
7
SCHEDULE.
Form of Register of Summary Suits.
IN THE SUPREME COURT OF HONG KONG, SUMMARY JURISDICTION.
Suits in the Year 18
No. of
Dale of
Suit.
Writ.
Name,
Name, Description,
and Place of
Abode of
Plaintif
Description,
and Place of
Abode of Defendant.
て
of
Judg
Date of Date of Particulars Boturn Particular Date of Judgment Execution Hoaring. Appeal. of Claim.
on
ment.
Appeal.
of
Ordered.
Execut Lion.
Beview. Appeal.
A 4
PUBLIC RECORD OFFICE
Reference :-
C.O. 885
PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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