XXVI
HONGKONG ORDINANCES.
HONGKONG DRI
No. 2.
less than Ten Dollars nor more than Wifty Dollars, to be imposed by any Justice of the Peace, or i| An Ordinance for licensing and regulating the Sale of prepared Opium.—[17th March, 1858.] such Justice shall think fit, and the Offender sball be a Chinaman, of not more than Fifteen Blows nor less than Five Blows.
IX. Ordinance No. 1 of 1855 (Sections Three to An Eight) revived and made perpetual-Sections! Three to Eight, both inclusive, of the expired Ordinance No. l ́of 1855, are hereby revived and made perpetual.
No. 3.
Ordinance for the Supreme Court.—[220 March, 1858.]
1. Proceedings in Term and out of Term.- Caures, Actions, and all Proceedings whatever, Day be heard, had, prosecuted, and determined, as
well in Term as out of Term.
X. Ordinance No. 11 of 1845 (Section Three, division Eight) amended. -Division Eight of Sec-
II. Criminal Session:.-The Ordinary Sessions tion Three of Ordinance No. 14 of 1845 is hereby amended, by expunging the words 'One flundred for the despatch of the said Court, shall begin on aud Fifty, and inserting the words Three Hundredthe Eighteenth Day of each Month, in which such Sessions are, or shall be, appointed to be holden, in the stead thereof.
or, if the said Day shall be a dies non, then on the ret lawful Day next following.
XI. Chinamen not holding Passes shall not carry Arms. If any Chinaman, not being the holder of a Night Pass, ball carry abroad with him, whether by Night or Day, any Deadly Weapon whatsoever, he shall be guilty of a Misdemeanor.
XII. Indemnity for past Acts.—All acts done or attempted before the passing of this Ordinance, and which would have been lawful if so done or
attempted after the passing thereof, are hereby authorized and made valid, and no man shall at any time hereafter be called in question for or in respect
of the same.
No. 10.
An Ordinance to amend Ordinance No. 3 of 1819. [23d October, 1857.]—Repealed by Ordinance No. 7 of 1862
No. 11. An Ordinance for Licensing and Regulating Emigra tion Passage Brokers.-[3d November, 1857.]
No. 12.
An Ordinance for checking the spread of Venereal Diseases.—[24th November, 1857.] REGULA GENERALIS, EASTER TERM. [5Tm March, 1857.]
WRITS OF FOREIGN ATTACHMENT.
Whereas cases may occur wherein parties being in possession of or holding goods and property as Garnisbees within the meaning of Urdmance No. 2 of 1855, may be persons of small and irresponsible means, and such property may be in danger of being carried away beyond the Jurisdiction of the Supreme Court of this Colony, or sold, or otherwise disposed of to the injury of Plaintiffs proceeding
under the said Ordinance :—
|
1
III. The Court, dc, to be closed between the 20th September and the 12th Novembar. Except for the purpose of issuing Writs, receiving Petitions, or com- pleting any Sessions, Hearing, Inquiry, or Trial, actually commenced on or before the Day Dext bereinafter mentioned, the said Court, and the Offices thereof, shall be closed from the Evening of the Twentieth Day of September in each Year, and remain closed until the Morning of the Twelfth Day of November then next following,
ÍV. Equitable Jurisdiction extended.—It shall not be necessary to institute any Proceeding on the Equity side of the said Court, for the purpose of bringing before the Court any equitable Claim, Defence, or Question, incident or collateral to, or arising out or in the course of, any Proceeding on any other side of the said Court (zcept the Sam- mary Jurisdiction thereof), or in aid of such last- mentioned proceeding: But every such Claim, Defence, or Question may be so beard, and deter- mined, on Petition presented, or Motion made, and intituled respectively in such last-mentioned pro- ceeding, or as the Court shall direct: And in every such case the said Court shall have the like power to direct inquiries, accounts, and other preliminary or consequential matters, and to enforce its said Directions, and to make interlocutory or final Orders and Decrees in the premises respectively, as in a Suit or Proceeding commenced by Bill, Petition, Claim, Case, or Sammons, on the Equity side of the maid Court.
V. Stay of Proceedings in such Case. The said Court may say Proceedings instituted under Soo- tion Four, or in any separate suit or matter in Equity, if the said Court shall be of opinion that the same ought not, or (as the case may be) ought Be it therefore ordered, That in all cases where to be prosecuted under the said Section: And it there shall be just and reasonable grounds to believe shall have power to impose such terme, and give that any Property, which may have been attached such directions upon such stay of Proceedings with by Writ of Foreign Attachment, in in danger of! being removed from and out of the Jurisdiction of respect to Coats, Admissions, or otherwise, as shall be deemed meet. the Supreme Court, or of being sold or otherwise disposed of, and the Garnishee or Garnishees shall be an irresponsible Person or Persons, or the mere Bervant or Servants of the Owner or Owners of the property; it shall be lawful for the Sheriff to seize and detain such Property until the claim of the Plaintiff or Plaintiffs, if established, be satisfied, or the Defendant or Defendants therein interested shall have duly given Security and entered Appear ance, or delivered or filed Ples to the Action com- menced against him or them in terms of Section
Eleven of the aforesaid Ordinance.
1858. No. I.
An Ordinance for Criminal Procedure-111th January, 1858.]
VI. Inspection of Documents-Applications for Inspections under Ordinance No 3 of 1852, Section Four, may be made at any time before Trial or Hearing.
or in Criminal Cases, and whether in Proceedings VII. Juries to consist of Seven.-Whether in Civil before the maid Court, or before the Sheriff, or a Commissioner, or an Officer of the mme, every Jury (not being a Coroner's Jury) shall always consist of Seven Men, and the unanimous Verdict or Finding of every such Jury, or where the Case is not capital, of the Majority thereof, shall be in all cases final for all purposes soever.
VIII Applications in matters of mere account to be made within one day after issué joined, at latest, Where the matter in dispute between the parties
• Changed to September and November by Ordinanse Nɔ, 8 of 18SD.
Sotice thereof bath been first given to the Plaintif Lo any action consists wbully or in part of matters of mere mccount, which cannot be conveniently or bis Attorney. XV. Balfa Fecs.-All Fees payable to the tried in the ordinary way, it shall be the duty of· the Pixiutiff or his" Attorney, or (in his or their Beliiff or Loder Bailiff of the Bid Court in the default,) for the Defendant, or hu Attorney, to Summary Jurisdiction thereof, shall be henceforth make such application as is provided by Ordinance evenly divided between the said two Officers, when No. 6 of 1855, Section Two, to the Court or in and as the same shall be received.
Judge's Chambers within One Day after issue is joined between the said Parties at the latest,
XVI. Crown Fees and Costa to Le payable in Dollars only.—Ali Crowu Fees payable under this IX. Vesting Order in cases of mov.ables, where, or any Ordinance relating to the Supreme Court, soever locally situate.-The Jurisdiction of the said and all Coste payable by or to the Crown (except Court to grant Vesting Orders of the Estate and in Admiralty cases), shall be paid in current Dollars only. Effects of Insolvent Debtors, is hereby declared extend to all their Moveable Property wherc.oever locally situate; yet so as that the said Debtors are
Appeals to the Supreme Court.-[23d March, themselves personally subject to the jurisdiction of An Ordinance for Summary Jurisdictions and 1858. ງ the said Court in respect of their Insolvency.
to
X. Power to increase or decrease fized Allowances, -Wheresoever it shall appear to the said Court (except when sitting in its Admiralty Jurisdiction) that Allowances of any kind, as fixed by former Enactments, ought generally or in any particular case to be increased or decreased in proportion to the value of money within this Colony, or the fluctuations thereof, or the difference of currency
**
No. 4.
1. "Judici" to include “Court,” and “ Party" to include "Crown.”—Meaning of “* Appellant" and " Respondent.”—The word "Justice" in this rainsnce that include every Court of Summary Jurisdiction, and whether of primary Jurisdiction rappellate, except the Supreme Court; and the word Party," shall include the Crown; and the word “ Appel ant” shali mean the party applying under Section Two of this Ordinance; and the word
· Respondent “ shall menu the opposite party. 111. Application may be made within Three Dags to stale a Care; and must be granted except it de XI. Power of the Taxing Master extended.-The Provisions of Section Ten shall be deemed to em- power the said Court, likewise to authorise or direct rivolous. Within Three clear Dasa after the determination by a Justice of any Suit, Informa- the Taxing Master thereof (but only in each par- tion, or Complaint, which he hath or shall have
it shall be lawful for the maid Court to authorise or: direct the same respectively to be so increased or decreased accordingly.
ticular case) to exercise the like discretion in the discharge of his own functions: And he is hereby power to determine in a summary way, either party to the mid Justice, to state and sign a case setting further empowered without such authority or direct the matter so determined may apply in writing tion, to make such Allowances in Taxation as he forth the facts of the said matter, and the grounds may deem reasonable and fair, in respect of matters of the said determination, for the opinion of the not expressly provided for by Ordinance, or Rule, Supreme Court thereon; which application the said or Order of the Court, for the time being.
Justice is hereby required to grani, unless be have XII. As to distance and time in Taxation.—In ¦ reason to believe that the same is merely frivolous, Taxation of Charges of Attornies, Solicitors, or (in which case only he may refuse the same,) and Proctors, for their attendances, and of Allowances shall thereupon, upon receiving from the said of Fees to Counsel, distance and time shall be taken Appellant the Crown Fee of One current Dollar, into account, and the same shall be computed sign and deliver unto him a Certificate of such respectively from and back to the Office, Chambers, refusal ; yet so as that, if any such application be or Residence of the Practitioner, and from the time made officially by the Attorney General, or under of departure thence to the time of return thither his fiat, the Justice to whom the saine is made shall be bound to grant the same, whatever may be his respectively. XIII. Criformity of Fees in certain cases.—The belief in that behsif. III. Recognisance of Appeal —Fees payable.— Fees payable to Attornica, Solicitors, or Proctors in respect of Drawing, Copying, and Engrossing Do-On the said Application being granted, and before cuments shall be the same in every Jurisdiction of the said Case being stated and delivered by the said the said Court, (except the Summary and Admiralty Justice, the Appellant shall enter into a Recognis Jurisdictions thereof,) and shall be ascertained and ance before bin, or any other Justice exercising determined according to the Scale contained in the the same jurisdiction, with or without Sureties, and General Rule of the said Court of Michaelmas Term, in what Sum to the said Justice small seem meet, in the Eighteenth Year of the Queen, dated the cauditioned to prosecute bis Appeal in that behalf, Blat Day of October, 1851,—so far as the same can without delay and with, effect, and so submit to the be thereunto applied by the Taxing Master; but judgment of the said Supreme Court, and pay such the Fees of Court in the said Jurisdictions (except Costs as may be awarded by the same; and the as aforesaid) for copying or engrossing shall in no said Appelant shall likewise, before the delivering CABE Exceed the rates provided by the First Sche-of the said Case, paƑ, is respect of the said Recog- Binance and Case respectively, to the Clerk taking dule to the Ordinance No. 14 of 1856. XIF. Hearing and Postponement of Cases in the the said Recognisance and delivering the said Case Summary Jurisdiction.--Except by consent, no respectively, the Crown Fees according to the Scale Cause or Matter within the Summary Jurisdiction | following, that is to say:— aball be set down for hearing before at least Four clear Days from the service of the Plaint, nor post- poned unless at least Twenty-four Hours Notice in Writing thereof hath been first given to the Regis
If the Case exceed the maid Five Folios, then for trar: And (except by consent) it shall not be competent to the Defendant to enter into any speci- every additional Folio, Thirty Cents. al defence, exempli gratiâ, set-off, illegality, want
For the said Recogniszace, Two current Dollars. For drawing aud copying the Case, if not exceed- ing Five Folion of Seventy-two Words cach, Threa current Dollars,
IV. Further condition in case Appellant is in
of consideration, infancy, or the statute of limita-Custody, If the Appellant be in Custody at the tious, unless at least Twenty-four Hours' written time of the taking of the said Recognisance, the
No comments yet.
Private notes are available after approval.