CO129-164 - Sir Kennedy - 1873 [7-9] — Page 67

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An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to abolish the Court of Summary Jurisdiction and to confer upon the Supreme Court a. Summary Jurisdiction at Law and in Equity.

[

1873.]

Title.

HEREAS it is expedient to abolish the Court of Summary Preamble.

Jurisdiction and to confer upon the Supreme Court a

Summary Jurisdiction at Law and in Equity: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. This Ordinance may be cited as "The Supreme Court Sum- Short Title.

mary Jurisdiction Ordinance. "

II. The following Terms and Expressions shall be understood Interpretation

as hereinafter defined or explained, unless there be something in Clause.

the Subject or Context repugnant to such Definition or Expla-

nation; that is to say:-

"Court" shall mean the Supreme Court and shall include the Chief Justice or the Puisne Judge of the Supreme Court sitting in Court or in Chambers, under this Ordinance.

"Full Court" shall mean the Chief Justice and Puisne

Judge sitting together for the Purposes of Appeal.

"The Court of Summary Jurisdiction" shall mean the

Court established by Ordinance No. 7 of 1862.

"The Judge" shall mean the Presiding Judge.

"Code of Civil Procedure" shall mean the Code of Civil Procedure introduced by Ordinance No. of 187

"Principal Register" shall mean the Register of Suits established under the Code of Civil Procedure.

Register of Summary Suits" shall mean the Register

of Suits established under this Ordinance.

"Original Jurisdiction" shall mean the Jurisdiction of the Supreme Court on the Trial of Causes under the Code of Civil Procedure.

"Registrar" shall mean the Registrar of the Supreme

Court.

Clerk of the Court" shall mean the Officer appointed to perform the Duties of Clerk of the Supreme Court in its Summary Jurisdiction.

"Bailiff" shall mean the Officer appointed to execute the Process of the Supreme Court in its Summary Jurisdiction.

The Court of Summary Jurisdiction.

III. The Court of Summary Jurisdiction is hereby abolished, Abolition of the

nances and

and Ordinances No. 7 of 1862, and No. 1 of 1871, and all Rules Court. and Orders of the said. Court made thereunder are hereby Repeal of Ordi- repealed, except for the Purpose of completing any Case or Rules. winding up any Business or Matter whatever pending in the said Court at the Time of the Passing of this Ordinance.

The Supreme Court.

IV. From and after the Commencement of this Ordinance it shall summary be lawful for the Supreme Court to exercise a Summary Jurisdiction Jurisdiction at Law and in Equity in the Suits or Matters hereinafter mentioned; conferred on and in all Cases in which by any Ordinance of the Colony muy court.

Supreme Proceedings are directed to be instituted in the Court of Summary Jurisdiction the same may be instituted in the Supreme Court under the Provisions of this Ordinance.

V. The Officers of the Court of Summary Jurisdiction shall be Transfer of transferred to, and become Officers of the Supreme Court and as Officers. such, they shall respectively receive Salaries of an Amount equal to or not less than the Salaries now attached to their respective Offices in the Court of Summary Jurisdiction; and they shall perform such Duties in the Supreme Court as the Chief Justice shall prescribe.

VI. Except in the Case of the Judge of the Court of Summary Claims for Jurisdiction, no Claims in respect of Compensation for Abolition Abolition of of Office under this Ordinance shall be allowed.

Office.

VII. The Seal of the Court of Summary Jurisdiction and all Custody of Seal the Records thereof shall be deposited for Custody in the Supreme and Records. Court.

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