CO129-017 - Sir John Davis - 1846 [7-12] — Page 403

Hongkong

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HONGKONG.

ANNO

OCTAVO

VICTORIÆ REGINÆ.

No. 15 of 1844,

ad

14

Frau Nr. 13 of 1844 S. & Endli

Y His Excellency JOHN FRANCIS DAVIS, Espire, Governor and Communit Chief of the Colony of Hongkong, and its Dependencies, Her Majesty nipotentiary, and Chief Superintendent of the Trade of British Subjects in Coving h the advice of the Legislation Council of Hongkong.

AV ORMNANCA TO ESTABLING A SUPREME COURT OF JURICATURE AT HONGKONG

11And be it further uncrest and ordained, That in all matters and proceeding

of the Holand

"dinance of 1,844

and Formentof 18 Jan 1844

vernment Rotification of

in the said Supreme Court there shall be taken and allowed such fees as the Court sho from time to time order and direct; and that the fore specified in the erbedste hereant Jandexed, marked (32. 10) shall be the awful fees to be taken and allowed in the sa

Cout fother than in proceedings under the summary jurisdiction thereof as harvin itzuray provided), unless and until the Court sindl therwige order and slireer. And all Gëz

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received by de Registrar, as well as those received by the interior carers duly 1814 14

shall he actuated for Quarterly by them respectively to the Colonial Treasurer.

Serkuble (N°. 19.) See, 112. FEES.

for Gling and entering Plaint, or Statement of cause of action

For fling av entering. Declaration where the ssunt claimed shall not exceed

100 Dollars

And for every 100 Dollars after the fret 100 Dollars

And in all ejectinents, and in all Actions and proceedings where the thing enght to be recovered chall consist of lands or hunks or body he charge on filing and entering decbzation shall be I per cent upon the valuation at which the same is assuaved by Government

And in all actions or proceedings brought for the recovery of a specific personal Chatel, or for danges done thereto, or for antevoreinu of the same, the charge for filing and entering declaration shall be 1 per cent on the value of the Chattel, and 1 per cent on the damage laid in the Telaration

Wat of Seamous, each Defendant

Registrar's Certificate of Declaration being filed

For filing very Affidavit of Debt where the sum sworn to is under or amounts

16 10 Dollars.

Filing every Affidavit of Debt where the eum sworn to exureds 100. Dollars

for every 100 Dollars-

For Judge's order for a Capias

For Cupins in purananen in every case •

For Filing and Entering every Appenzauce

For annexing every Pica, Anewer, Defence, or Demurrer to Declaration, ench

Defendant

For Subpean, each Witness

For entering every cause

For Calling wame.

For administering every Oath in Court or Chambers

For reading every exhibit, document, or paper produred in evidence, unless the

Caut or Judge sled at the time divcet a larger sum to be paid'

For every Judgement or Decree pronounced by the Court or Judge, where the

amount recovered does not exceed 100 Dollars.

And for every 100 Dollars above the first 100 Dollars

For entering every Judgment or Decree-

For taxing Costs where the Rill does not exceed 190 Dollars

And for every 100 Dallers above the first 100 Dollars -

For all Writs of Execution

For every copy of Declaration, Bill, Potition, Plea, Answer, Demurrer, or any other documeut, paper, or proceeding in Cours, not otherwise charged, in all matters, per folio

-

For Registrat,or Clerk, cxamining orantesting, and certifying stige in all matters

For every Habeas Corpus. Matirlamus, Certiorari, or any other Weit or

Process whatsnestr, nd otherwise charged

For every Attachment for Contempt in the presence of the Court or otherwise,

or disobedience of Order ur Rule of Court

For all Interrogatoris and Answers find thereto in pursuance thereof, per fotiu

For every Commission to examine or swear Witnesses, ench Witness

For every Search in the Registrar's Ofice

For every Rule or Order of Court

For every Receipt granted by the Registrar when demanded

For every attendance by the Registrar, or other person appointed by the Court,

within the limits of Victoria, to administer Oaths, or transact other business, exclusive of expenses

Beyond the limits of Victoria

Appeatable Matters.

For fiing and entering every Petition for leave to appeal

For every Certificate of Appeal allowed

Eselesiastient Matters.

For filing and entering petition for Probate or Lettere of Administration

Swearing Petitioner to the 'Truth of Petition

For every caveat filed

For granting Probate or Laiters of

Administration

For filing and entering Bond by Administrator

For every Certificate by the Registrar, or other elicer, of Ascounts and

Inventories being filed, when the sun realized shall exceed 100 Dollars

And for every 100 Dollars above the first 100 Dollars.

Swearing party to Truth of Account or Kaventory

For every exeroplification of Will per folin

For affixing the Seal of the Court to asy Process, during Court hours

After Court bours

►

CROWN FEES to be taken and received by the Registrar when the Court sits as a Court of OYER and TERMINE and Gao. Delivery. For preparing any Bouch Warrant, and every other process issuing out of the

Court of Oyer and Terminer

For every Venire, taking avery recognizance, or discharging, or respiting the eane, recording the appearance, plea, or acquittal of every Defendant, for every Bail, and justification of Bail, and for every order of the Court, and copy thereof, in case of felony

For the same except in Felony.

For Copies of Indictments, or other papers when ordered or required,per folin

For every Subpana

For every Search in Office -

4

For calling and swearing the Jury on Trial

Far entering and recording verdict

For reading ovory Notice or other Document exhibited in Court as evidence

For every Oath administered in Court

For every Prisoner discharged by Proclamation, or acquitted of felony. -

For the exo except in felony

For every Prisoner convicted of felony

For the same except in felony -

Sherif's Fees.

For service of every Writ of Summons, Sumoons, Subpoena, Citation, or Order

For serving every Writ of Capias and other Bailable Process-

For discharging every Defendant at the desire of the Plaintiff -

For releasing Property seized ander Writ of Sequestration, or Fieri Fatiss by-

the desire of the Plaintif

For drawing and taking oach Bail-Bond, every D fendant

When any Samurous, Writ or Process of any kind slind be executed,

or act donu, for which a fee is suthorised to be taken as above, the Deputy doly appointed who shall execute such process, or do such act, shall be entitled to one half the fee or fees which the Sheriff may lim under this table

Poundage.

Fise per cent to be charged on the first Five hundred Dollars,and two and a half

per cent upon every One hundred Dollars aboro Five hundred Dollare

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cents.

150

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1:22. —And be it further enacted and ordwined, "That in all actions and complaints ar other proceedings under the Summary Jurisdiction given by the Ordinance, the fees specified in the schedule hereunto antiexed, marked (No. 12.) shall, unless and until etherwise ordered and directed, be established, and be deemed and maken, as the lawful fees and emolaments for the discharge of the several duties therein specified; and the Chief Justice of the said Court shall have fall power 10 rompel the payment thereof in a summary way, ly order, and on non-payment, by warrant of distress and sale, under his hand and scaled with the seal of the Court;

and the said fees shall be received and accounted for by the Registrar-of the mid Court, and be paid over Quarterly to the Colonial Treasurer for the public uses of the said Colour

SCBRDELE (N. 12) S. 132.

Table of Fees

For entering every plaint, action, &c., and particulars of demand

Entering every appearance and defence

Summons for Defendant, and Copy

Entering notice of hearing

Copy and service on Plaintiff, and defendant, ench

Any notice required during the course of proceedings

Fee on hearing and adjudication, where the sum to be recovered shall not excoed

$50.

Exceeding $50 and not exceeding $100

Each Subpene of witness, and Copy

Drawing and signing order for costs, decree, or dismissal, each

Every Oath of party, or witness examined -

Chief Jasice's warrant to bajüff for executing decrce

Executing any decien or nrier, where the sum shall not exceed 850

Exceeding 250 and not exceeding 100

Copies of any other proceedings per folio

#cents;

150;

Ant

March 2 181 4.

Kitt for Parthi kucho es

leting

Passed the Legislative Council of Hongkong,

Victoria, 21st August. 1844,

E. A. SHELLEY.

Clerk of Councils.

HONGKONG,Fublished by Authority

Printed by John Calese.

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7-And be it further enacted and sized. That there span be and belong to the Court the following Officers, that is to say a Registrar, a Cleck, end an Interpreter Sof, and such, and so many other Officers, as to the Chief Justice of the said Court for une being, shall from time to the appear to be necessary for the administration of -ce, and the due execution of all the Powers and Authorities which are granted and mitted to the said Court by this Ordinance; and that ail Persons who shall or be appointed to any subordinate Office within the said Suurene Court of Hong- , shall be so appointed by the Chief Justice of the said Co it for the time being, shall be removable at the discretion of the said Chief Justice: Provided neverthe- that no new Office shall be created in the said Court, unless the Governor, or Acang ernor for the time being, of the said Colony, shail first sigurẩy has approvation thereof e said Chief Justice for the time being, in writing, under the hand of such Go-- or, or Acting Governor as aforesaid.

8. And be it further enacted and ordained, That the several Superior Officers of jsaid Count, who now are, or hereafter may be appointed to their said Offices by Her jesty, Her Heirs and Successors, shall hold their several Offices during the pleasure. Her said jesty, subject to suspension by The Governor, in like maimer as other cers in the said Colony; and that all other superior Oficers, appointed with the probation of The Governor as aforesaid, shall be reinovable from their several Offices the said court by The Governor, upon reasonable cause.

-And be it further enacted and ordained, That the sail Supreme Court of ungkong is her by authorized and empowered, to approve, admit, and eurot such, and many persons having been admitted Barristers at Law, or Advocates in Great Britain nd Ireland, so Act as Barristers and Advocates; or having been admitted Vriters, paruies, or Suliciers, in one of the Courts at Westumuster, Dublin, or Edinburgh, having been admitted as Proctors in any Ecclesiastical Court in England, to Act in e character of Pro.tors, Attornies, and Solicitors in the said Court; and which persons approved, admited, and enrolled as aforesaid, shall be, and are hereby authoriz. d to Ipear, and plead, and act, in their several respective characters, for the suitors of the said ourt, subject always to be removed by the said ourt, from their respective stations erein, upon reasonable canso: and it is hereby further enacted and ordained, that no her person or persons whatsoever shall be allowed to appear, and plead, or set in the Supreme Court of Hongkong for, and on behalf of sach suiters, or any of them

10. And be it under enacted and ordained, That in ene there shall not be a ficient number of such Barristers at Law. Advocates, Wricts, Attornies, Solicitors, 3d Proctors within the said Colony, competent and willing to appear, and hot for tha tors of the said Court, then, ard in that case, the said Supreme Court of Hongkong all, and is hereby authorized to admit temporarily so many other fit and proper persous appear and Act as Barristers, Advocates, Proctors, Attornies, and Solicitors as may necessary, according to such General Roles and Qualifications as the said Court

hail, for that purpose, make and establish: Provided always that the person? 30

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