CO129-007 - Sir John Davis - 1844 — Page 129

Judges to hold no other Offices of pro-

fit

Officers of the Court.

Officers.

6. And be it further enacted and ordained. That no Judge of the said Supreme Court of Hongkong shall be capable of accepting, takstng, or performing,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.

7. And be it further enacted and ordained, That there shall be and belong to the said Court the following Officers, that is to say a Registrar, a lesk, and an Interpreter thereof, and such, and so many other Officers, as to the Chief Justice of the said Court for Appointment and the time being, shall from time to time appear to be necessary for the administration of removal of infatior Justice, and the due execution of all the Powers and Authorities which are granted and committed to the said Court by this Ordinance; and that all Persons who shall or may be appointed to any subordinate Office within the said Supreme Court of Hong- kong, shall be so appointed by the Chief Justice of the sand Court for the time being, and shall be removable at the discretion of the said Chief Justice: Provided neverthe- less, that no new Office shall be created in the said Court, unless the Governor, or Acting Governor for the time being, of the said Colony, shall first signify has approbation thereof to the said Chief Justice for the time being, in writing, under the hand of such Go- vernor, or Acting Governor as aforesaid.

Superior Officers how to hold Office.

Admission of Bar- risters and Attornics.

8. 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 Hier Majesty, Her Heirs and Successors, shall hold their several Offices during the pleasure of Her said Majesty, subject to suspension by The Governor, in like manner as other Officers in the said Colony; and that all other superior Officers, appointed with the approbation of The Governor as aforesaid, shall be removable from their several Offices in the said Court by The Governor, upon reasonable cause:

9-And be it further enacted and ordained, That the said Supreme Court of Hongkong is her by authorized and empowered, to approve, adınit, and enrol such, and so many persons having been admitted Barristers at Law, or Advocates in Great Britain and Ireland, to Act as Barristers and Advocates; or having been admitted Writers, Attornies, or Solicitors, in one of the Courts at Westminster, Dublin, or Edinburgh, or having been admitted as Proctors in any Ecclesiastical Court in England, to Act in the character of Proctors, Attornies, and Solicitors in the said Court; and which persons so approved, admitted, and enrolled as aforesaid, shall be, and are hereby authorized to appear, and plead, and æet, in their several respective characters, for the suitors of the said Court, subject always to be removed by the said Court, from their respective stations therein, upon reasonable cause and it is hereby further enacted and ordained, that no other person or persons whatsoever shall be allowed to appear, and plead, or act in the said Supreme Court of Hongkong for, and on behalf of such suitors, or any of them.

Fit persons to be

10. And be it fugher enacted and ordained, That in case there shall not be a admitted to practise sufficient number of such Barristers at Law, Advocates, Writers, Attornies, Solicitors, for three months in and Proctors within the said Colony, competent and willing to appear, and act for the case of necessity. siitors of the said Court, then, and in that case, the said Supreme Court of Hongkong shall, and is hereby authorized to admit temporarily so many other út and proper persons to appear and Act as Barristers, Advocates. Proctors, Attornies, and Solicitors as may be necessary, according to such General Rules and Qualifications as the said (. shall, for that purpose, make and establish: Provided always that the persons so admitted, shall be admitted for a period of three months only, and shall not be readmitted without obvious necessity.

{'ourt

Sheriff of Hong-

11-And be it further enacted and ordained, That the Sheriff of Hongkong for the kong to execute time being, shall by himself or his sufficient deputy to be by him appointed writs and process.

and doly authorized under his hand and seal, aud for whom he shall be responsible during his continuing in such office, execute, and the said Sherill and his said deputy is hereby authorized to execute, all the writs, summonses, rules, orders, warrants, commands, and processes of the said Supreme Court of Hongkong, and make a return of the same, together with the manner of the execution thereof,to the said Supreme Court of Hongkong, and to receive, and detain in prison, all such persons as shall be committed to the custody of such Sheriff by the said Supreme Court of Hongkong.

12. And be it further enacted and ordained, That whenever the said Supreme Court of Hongkong 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 same, in every such case the said Supreme Court of Hongkong shall name and appoint some other fit person to execute and return the same, and the said process shall be directed to the person so to be named for that purpose, and the cause of such special proceedings shall be suggested and entered on the Records of the said Court.

Process Sheriff

against

13. And be it further enacted and ordained, 'That the said Supreme court shall have the same jurisdiction in the said Colony of Hongkong and its dependencies, as Her Majesty's Courts of Queen's Bench, Common Pleas, and Exchequer, lawfully have in England; and shall be a Court of oyer and terminer and gaol delivery, assize,and nisi prius.

14. And be it further enacted and ordained, That the said Supreme Court shall be a Court of Equity, with such,and the like Jurisdiction,as the Court of Chancery in England; and shall have, and execute all, and singular, the powers, and authorities of the Lord High Chancellor of England, with fall liberty to appoint and control guardians of infauts, and their estates, and also keepers of the persons and estates of idiots, lunatics, and such as being of unsound mind, are unable to govern themselves, and their estates.

15-And he it further enacted and ordained, That the said Supreme Court shall be Court of Ecclesiastical Jurisdiction, with full power to grant Probates, under the Seal of the said Court, of the last Wills and Testaments of all or any of the inhabitants of the said Colony and its dependencies, and all other persons who shall die, and leave personal effects within the said 'olony and its dependencies; and to commit letters of administration, under the seal of the said Court, of the goods, chattels, credits, and all other effects whatsoever of the persons aforesaid, who shall die intestate, or who having left a will shall not have named an executor resident within the said Colony or its dependencies, or where an executor resident as aforesaid, being duly cited, shall not appear and sue forth such probate; annexing the will to the letters of administration, when such persons shall have left a will without naming any executor, or where an executor shall have been named not resident within the said Colony, or where an executor shall have been named resident within the said 'olony or its dependencies, but who being duly cited thereunto shall not appear and sue forth a probate thereof: art to sequester the goods, and chantels, credits, and other effects whatsoever of such persons so dying in cases allowed by Law, as the same is and may be now used in the diocese of London: and to demand, require, Take, hear, examine and allow, and if occasion require to disallow, and reject the account of them, in such manner and form as may be used in the said diocese, and to do all other things whatsoever needful and necessary in that behalf.

JURISDICTION OF

COURT.

Legal.

Equitable.

Ecclesiastical

Court to reserve

16.-Provided always, and be it further enacted and ordained, That the said Supreme Court, in such cases as aforesaid, is hereby authorized and required, where letters of admi- power of revocation. nistration shall be committed with the will annexed for want of an executor applying in due time to sue forth the probate, to reserve in such letters of administration full power and authority to revoke the same, and to grant probate of the said will to such exécuter whenever he shall duly appear and sue forth the same.

17. And be it further enacted and ordained, That the said Supreme Court Court to grant let- shall grant and com ait such letters of administration to any one or more of ters of Administra. the lawful next of kin of such person so dying as aforesaid, being then resident tion to next of kin within the jurisdiction of the said Court, and being of the age of twenty one years, and

in case no such person shall then be residing within the jurisdiction of the said Court, or

being duly cited shall not appear and pray the same, to the Registrar of the said Court, or to the Registrar. or to such person or persons, whether creditor or creditors, or not, of the deceased person, as the Court shall see fit: Provided always, that probates of wills, and letters of administration to be granted by the said Court, shall be limited to such money, goods, chattels, credits, and effects as the deceased person shall be entitled to within the said Colony of Hongkong and its dependencies.

Administrator to

18. And be it further enacted and ordained, That every person to whom such letters of administration shall be committed shall, before the granting thereof, give enter into Bond, sufficient security, by bond to be entered into to Her Majesty, Her Heirs,and Successors, for the payment of a competent sum of money, with one, two, or more solvent sureties, respect being had in the sum therein to be contained, and in the ability of the sureties, to the value of the Estates, credits, and effects of the deceased, which bond shall be deposited in the said Court among the records thereof, and there safely kept, and a copy thereof shall be also recorded among the proceedings of the said Court, and the condition

of the said bond shall be to the following effect" That if the above bounden administrator Condition of Bond.

of the goods, chuttels, and effects of the deceased, do make, or cause to be made a true "and perfect inventory of all and singular the goods, credits, and effects of the said "deceased, which have, or shall come to the hands, possession, or knowledge of him the "said administrator, or to the hands or possession of any other person or persons for him, " and the same, so made, do exhibit into the said Supreme Court of Hongkong, at or before a day therein to be specified; and the same goods, chattels, credits, and effects "and all other the goods, chattels, credits, and effects of the deceased at the time of his "death, or which at any time afterwards shall come to the hands or possession of such "administrator, or to the hands or possession of any other person or persons for him, shall "well and truly administer according to law; and further shall make, or cause to be made, "a true and just account of his said administration, at or before a time therein to be "specified, and afterwards from time to time as he, she, or they shall be lawfully required;

126