The thearl Grezy.
Governor Bonham
26th December, 1850.
Received
malosures.
Transmitting Copy of, and
reporting
on,
Astinance
"of the Peace"
"Proceedings before Justices
"In Ordinance to regulate
No 5 of 1850, entitled
biz:ly
1. Register
N
May: Wood, & Kerecs.
1.24 16
AB.21/2
237
HONGKONG.
ANNO DECIMO QUARTO VICTORIÆ REGINÆ.
No. 5 of 1850.
By His Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary, and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE TO REGULATE PROCEEDINGS BEFORE JUSTICES OF THE PEACE.
Title.
[17th December, 1850.]
WHEREAS in consequence of the multiplicity of cases Civil and
Preamble.
Criminal that occur for adjudication or investigation before Justices of the Peace as constituting the Court of Petty Sessions, or sitting singly, it has become necessary to ordain a uniform, simple, and effectual mode
of procedure, and of recording the proceedings in such cases: Be it therefore enacted and ordained, that,-
I. The provisions of this Ordinance shall extend to all cases whatever,
To what cases
Civil or Criminal, cognizable by any Justice or Justices of the Peace,
Ordinance shall
whether sitting in Session or otherwise, notwithstanding anything
extend.
heretofore enacted and ordained on this behalf.
Issue of Sum-
II. Be it further enacted and ordained, That by each Justice or at each
mons to be noted
public Office shall be kept a Book in the form to this Ordinance
annexed, or in any similar form containing the same particulars, to be
in Writ Book,
called the Writ Book, containing an abstract of all Summonses, Warrants,
and other Writs issued by the said Justice or from the said Office, and
the issue of the Summons or Warrant, and entry of such abstract conse-
quent upon the viva voce statement of the Plaintiff or his Attorney,
may be the commencement of the suit, without any further written
affidavit or information whatever; Provided that should the Defendant
commencement
suit.
appear in Court voluntarily, or upon arrest without Warrant, such ap-
pearance may be the commencement of the suit, and may be noted
accordingly in the record of proceedings.
And to be com-
of
Book.
III. Be it further enacted and ordained, That by the Sitting Justice
The particulars
or one of the Sitting Justices, or at each public Office, shall be kept
of each case to
a Book in the form to this Ordinance annexed, or in any similar
be recorded in a
form containing the same particulars, to be called the Record Book, in
which shall be entered an abstract of the proceedings in each case
brought before the said Justice or heard or investigated at the said
Office; and such abstract shall contain the Names of the Plaintiff, De-
fendant, and Witnesses, the Plaint or Charge, Order or Decision and
other particulars in accordance with the said form; and it shall not be
necessary
If Certiorari
to draw up a more formal Record of any conviction, order, or other
allowed, copy of
proceeding whatever; and in case of any conviction, order, or other
the entries in such
proceeding being removed by Writ of Certiorari or otherwise into any
gent return,
superior Court, a copy of such portion of the said Record Book and of
Not to dispense
such Minutes of Proceeding and other Documents hereinafter mentioned
with written de-
as shall refer to the Case, shall be a full and sufficient return to such
positions in cases
Writ. Provided that nothing herein contained shall be held to dispense
for trial at the
with the necessity of taking such written Depositions as are required by law
Supreme Court.
on the committal of any defendant for trial before the Supreme Court of this Colony,
IV. Be it further enacted and ordained, That on the appearance
Book to be asuß-
Mode of pro-
of the Parties before him or them, or on the ex parte hearing, the
ceeding at the
sitting Justice or Justices, or his or their Clerk, shall take such
hearing.
Minutes of the Proceedings in each Case as may be necessary for the due
adjudication and record thereof, and the sitting Justice or one of the
sitting Justices shall subscribe such Minutes with his name, and these
Minutes, together with the returned Summonses and other Writs and such
other documents connected with the Case as it be
may
۱۱۱ مبارک
The thearl Grezy.
Governor Bonham
26th December, 1850.
Received
malosures.
Transmitting Copy of, and
reporting
on,
Astinance
"of the Peace"
"Proceedings before Justices
"In Ordinance to regulate
No 5 of 1850, entitled
biz:ly
1. Register
N
May: Wood, & Kerecs.
1.24 16
AB.21/2
237
HONGKONG.
ANNO DECIMO QUARTO VICTORIE REGINÆ.
No. 5 of 1850.
By His Excellency SAMUEL GEORGE BONHAM, Esquire, Companion of the Most Honourable Order of the Bath, Governor and Commander- in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, Her Majesty's Plenipotentiary, and Chief Super- intendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.
AN ORDINANCE TO REGULATE PROCEEDINGS BEFORE JUSTICES OF THE PEACE,
Title.
[17th December, 1950.] WHEREAS in consequence of the multiplicity of cases Civil and Preamble. Criminal that occur for adjudication or investigation before Justices of the Peace as constituting the Court of Petty Sessions, or sitting singly, it has become necessary to ordain a uniform, simple, and effectual mode
of procedure, and of recording the proceedings in such cases: Be it therefore enacted and ordained, that,-
I. The provisions of this Ordinance shall extend to all cases whatever, To what cases Civil or Criminal, cognizable by any Justice or Justices of the Peace, Ordinance shall whether sitting in Session or otherwise, notwithstanding anything extend. heretofore enacted and ordained on this behalf.
Issue of Sum-
II. Be it further enacted and ordained, That by each Justice or at each public Office shall be kept a Book in the form to this Ordinance mons to be noted annexed, or in any similar form containing the same particulars, to be in Writ Book, called the Writ Book, containing an abstract of all Summonses, Warrants, and other Writs issued by the said Justice or from the said Office, and the issue of the Summons or Warrant, and entry of such abstract conse- quent upon the viva voce statement of the Plaintiff or his Attorney, may be the commencement of the suit, without any further written affidavit or information whatever; Provided that should the Defendant mencement
suit. appear in Court voluntarily, or upon arrest without Warrant, such ap- pearance may be the commencement of the suit, and may be noted accordingly in the record of proceedings.
And to be com- of
Book.
III. Be it further enacted and ordained, That by the Sitting Justice The particulars or one of the Sitting Justices, or at each public Office, shall be kept of each case to a Book in the form to this Ordinance annexed, or in any similar be recorded in a form containing the same particulars, to be called the Record Book, in which shall be entered an abstract of the proceedings in each case brought before the said Justice or heard or investigated at the said Office; and such abstract shall contain the Names of the Plaintiff, De- fendant, and Witnesses, the Plaint or Charge, Order or Decision and other particulars in accordance with the said form; and it shall not be necessary If Certiorari to draw up a more formal Record of any conviction, order, or other allowed, copy of proceeding whatever; and in case of any conviction, order, or other the entries in such proceeding being removed by Writ of Certiorari or otherwise into any gent return, superior Court, a copy of such portion of the said Record Book and of Not to dispense such Minutes of Proceeding and other Documents hereinafter mentioned with written de- as shall refer to the Case, shall be a full and sufficient return to such Writ. positions in cases Provided that nothing herein contained shall be held to dispense with for trial at the the necessity of taking such written Depositions as are required by law Supreme Court. on the committal of any defendant for trial before the Supreme Court of this Colony,
IV. Be it further enacted and ordained, That on the appearance
Book to be asuß-
Mode of pro-
of the Parties before him or them, or on the ex parte bearing, the ceeding at the sitting Justice or Justices, or his or their Clerk, shall take such hearing. Minutes of the Proceedings in each Case as may be necessary for the due adjudication and record thereof, and the sitting Justice or one of the sitting Justices shall subscribe such Minutes with his name, and these Minutes, together with the returned Summonses and other Writs and such other documents connected with the Case as it be
may
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