CO129-011 - Sir John Davis - 1845 [1-4] — Page 65

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

of the Chief Justice towards its revision and improvement. The enactment is now with Mr. Hulme, and will be hereafter promulgated in a new shape.

The Ordinance No. 7, by which in the absence of a Civil Court of Judicature, the Governor was empowered to refer all civil actions and suits to arbitration, seems to have been the result of necessity, at a time when there was no appeal on the part of individuals for the settlement of their differences, except to the Governor. From either the force of habit, or want of consideration, or perhaps the hope of saving the expenses of the Law, I have had more than one such reference made to myself, even since the opening of the Supreme Court, but have of course invariably directed the parties to their proper remedy.

Your Lordship will observe, on reference to the Ordinance in question, that the last clause repeals it altogether on the institution of a Supreme Court, and renders any further notice of it unnecessary.

"And be it enacted that the said power and authority hereby vested in the said Governor shall cease and determine upon the arrival in the said Colony of, and the assumption of his functions by, any judge of such Supreme Court of Judicature as shall be hereafter erected in Hongkong."

With reference to Ordinance No. 7, limiting and defining the rate of interest recoverable in cases where it had not been previously agreed upon between the parties, it would appear to myself that the only motive of my predecessor in promulgating

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of the Chief Justice towards its revision and improvement. The enactment is now with Mr. Hulme, and will be hereafter promulgated in a new shape. The Ordinance No. 7, by which in the absence of a Civil Court of Judicature, the Governor was empowered to refer all civil actions and suits to arbitration, seems to have been the result of necessity, at a time when there was no appeal on the part of individuals for the settlement of their differences, except to the Governor. From either the force of habit, or want of consideration, or perhaps the hope of saving the expenses of the Law, I have had more than one such reference made to myself, even since the opening of the Supreme Court, but have of course invariably directed the parties to their proper remedy. Your Lordship will observe, on reference to the Ordinance in question, that the last clause repeals it altogether on the institution of a Supreme Court, and renders any further notice of it unnecessary. "And be it enacted that the said power and authority hereby vested in the said Governor shall cease and determine upon the arrival in the said Colony of, and the assumption of his functions by, any judge of such Supreme Court of Judicature as shall be hereafter erected in Hongkong." With reference to Ordinance No. 7, limiting and defining the rate of interest recoverable in cases where it had not been previously agreed upon between the parties, it would appear to myself that the only motive of my predecessor in promulgating
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of the Chief Justice towards its revision and improvement. The enactment is now with Mr. Hulme, and will be a new. hereafter promulgated in - shape The Ordinance Nb, by which in the absence of a Civil Court of Judicature, the Governor was smpowered to refer all civil actions and suits to arbitration, seems to have been the there was no result of necessity, at a time when appeal on the part of individuals for the settlement of their differences, Except to the Governor . From Either the force of habt, or want of Consideration, or perhaps the hope of svading the expenses of the Law, have had more than one such the I Even since reference made to myself, opening of the Supreme Court, but have of course invariably directed the parties Your 64 parties to their proper remedy. "Lordship will observe, on reference to the Ordinance in question, that the last clause repeals it altogether on the institution of a Supreme Court, and - renders any further notice of it unnecefany. - "And be it enacted that the said d power and authority hereby vested in the said · Governor shall cease and determine upon the arrival in the said Colony of, and the assumption of his functions by, any 1 judge of such Sipreme Court of Judicature as shall be hereafter crected in Hongkong . With reference to Ordinance Her: 7, -limiting and defining the rate of interest recoverable in cases where it had not been previously agreed upon between the parties, it would appear to myself that the only motive of my predecesor in promulgating }
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of the Chief Justice towards its revision and improvement. The enactment is

now with Mr. Hulme, and will be

a new.

hereafter promulgated in

- shape The Ordinance Nb, by which in the absence of a Civil Court of Judicature, the Governor was

smpowered

to refer all civil actions and suits to arbitration, seems to have been the

there was no

result of necessity, at a time when

appeal on the part of individuals for the settlement of their differences, Except to the Governor . From Either the force of habt, or want of Consideration, or perhaps the hope of svading the expenses of the Law,

have had more than one such

the

I

Even since

reference made to myself,

opening of the Supreme Court, but have of course invariably directed the

parties

Your

64

parties to their proper remedy. "Lordship will observe, on reference to the Ordinance in question, that the last clause repeals it altogether on the institution of a Supreme Court, and - renders any further notice of it unnecefany. - "And be it enacted that the said d power

and authority hereby vested in the said · Governor shall cease and determine upon the arrival in the said Colony of, and the assumption of his functions by, any 1 judge of such Sipreme Court of Judicature as shall be hereafter crected

in Hongkong .

With reference to Ordinance Her: 7, -limiting and defining the rate of interest recoverable in cases where it had not

been previously agreed upon between the parties, it would appear to myself that the only motive of my predecesor in

promulgating

}

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