CO129-255 - Governor Sir Robinson - 1892 [5-7] — Page 344

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

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(3.) The said Court may of its own motion or upon application direct that such further notice of appeal or of the hearing thereof be given by advertisement of otherwise to such persons as it may think fit and such further notice, if duly given in accordance with the order of the Court in that behalf, shall be deemed sufficient and if any such person shall not appear at the hearing he shall be bound by the proceedings on appeal.

(4) A list of notices of appends muder this Ordinance shall he kept posted on the door of the Supreme Court until all appeals are disposed of.

(5.) Subject to any special order or direction of the said Court all evidence to be taken on such appeal shall be by affidavit or declaration in lieu thereof, but every dopouent shall upou notice from any other party to the appeal be liable to cross-examination thereon.

(6.) Subject to any special order or direction of the sail Court all affidavits or deginrations to be used on any such appeal shall be filed in the said Conet as follows, viz. :---

(a) All affidavits and declaratious in sumport of the appeal 14 clear days before the hearing of the appeal.

(6) All affidavits and declarations by or on behalf of

the respondent or other party (if any) to suel appeal 7 clear days before the said hearing. (e.) Any affidavit or declaration in reply to my affidavits or declarations filed on behalf of the respondent or other party as aforesaid three clear days before the hearing. No further evidence shall be filed except fy special leave of the Court.

(7.) No appeal shall he heard mutil the expiration of the said 3 months hereinbefore limited for giving notice of appeal nor until at least 14 eleur days' notice of the hearing has been given to all parties thereto inelusive of any person to whom morice of the appeal has been directed to be given as aforesaid,

(8.) The Court any in ite discretion direct that. any appeals be heard together or in such order as it thinks fit.

(9.) Every notier, affidavit or other document in relation to any appeal shall be headed "In the Supreme Court Summary Jurisdiction" and shall be entitled in the matter of this Ordinance and in the matter of the particular wharf or pier in relation to which the appeal is brought (shortly describing it) and with the original parties added and cach appost shall be numbered as in the ease of a suit in the Supreme Court,

6. If from any cause whatever any appeat shall not be brought to a hearing within a further period of 3 mouths from the expiration af the time hereinbefore limited for giving notice of appeal, it shall be lawful for the Court on the application of any party thereto or of any person having notice thereof as aforesaid to dismiss. the same with or with- nur costs or to make such other order in relation thereto as it nay deem just,

7. Upon the hearing of any appeal under this Ordinance the said Court shall have power to udjust and settle the proportion of a anm not exceeding $180,000 and the amount to be paid in respect of the wharf or pier in relation to which the appeal is brought.

8. The costs of any appeal and all proceedings therein under this Ordinance shall be in the discretion of the said Court, but any costs incurred by or directed to be paid by the Director of Public Works shall be paid out of the fande provided for the Praya Reclamation Works.

9. The decision of the said Court on any such appeal or in rektion to any proceedings therein shall be final and shall not be subject to any further appeal, but it shall he lawful for the Court in its discretion within 10 days from the dare of the heuring of such appeal to order that any question of law be re-argnel or to direct a re-hearing of thờ appeal upon such terms as it may think fit.

10. Where not inconsistent with the provisions of this Oediuanen the procedure and practice of the Suprenic Court. in relation to the service of notices, the sumimming and aftesulance of witnesses, contempts of Court, the discovery and inspection of documents and all other matters of a similar nature shall be applicable to proceedings on appost under this Ordinance.

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