CO129-164 - Sir Kennedy - 1873 [7-9] — Page 38

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

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Old Procedure and Practice.

IV. From and after the commencement of this Ordinance, and during the con- tinuance thereof, all the Provisions contained in any Ordinances of the Colony, or in any Acts or parts of Acts of the Imperial Parliament in force therein relating to the Procedure and Practice of the Court in its common Law and Equity jurisdictions, and all Rules and Orders of the Supreme Court (including any Rules or Orders of any Court of Law or Equity in England which may be in force in the Colony) shall be, and are hereby suspended in their operation, so far as they relate to such Procedure and Practice, subject to the last preceding section, and to the Proviso next hereinafter contained, that is to say: Provided that if any case shall arise for which provision may not have been made by this Code, so often as the same shall happen, the Court may, in its discretion, apply or permit to be applied any of the provisions of the said Ordinances, Acts, Rules, or Orders hereby suspended, so far as the same may be appli cable to the circumstances of such case, and so far as the same shall not conflict or be inconsistent with this Code and can be made auxiliary thereto, for the purpose of doing justice between the parties.

New Procedure and Practice.

V. From and after the commencement of this Ordinance, the Procedure and Practice of the Supreme Court in its Common Law and Equity jurisdictions shall be assimilated, and all civil suits shall be instituted and carried on in manner prescribed by this Code.

PART I.

FROM THE INSTITUTION OF A SUIT TO THE HEARING.

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