12738-1909-Bills-read-a-first-time--Stamp-Further-Amendment — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 3, 1909.

A BILL

ENTITLED

An Ordinance to amend the Code of Civil

Procedure.

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Code of Civil Short title. Procedure Amendment Ordinance, 1909.

2. The Code of Civil Procedure is hereby amended as Right of follows:-

either party to trial by

(1.) By substituting, in sub-section 2 of section Jury. 288 thereof, for the words "but subject to the provisions hereafter in this Chapter con-

tained", the following words, namely

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provided always that if either party shall "desire a trial by Jury before a Judge he

shall be entitled thereto as of right ".

(2.) By repealing sections 289 to 294 inclusive thereof and substituting therefor the following section to be numbered 289 :-

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"289. If it shall appear expedient at the

hearing of any cause before the Court with- out a Jury, that the cause should be tried "with a Jury, the Court may make such "order for the trial of the cause with a

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Jury, and for the adjournment thereof in "the meanwhile, on such terms as to costs "and otherwise as it shall deem reasonable."

Memorandum.

The object of the amendment which is effected by this Ordinance is to restore the right of either party to ask for a Jury in civil causes which right existed and would appear to have given satisfaction between the passing of the Hongkong Code of Civil Procedure in the year 1873 and the passing in the year 1901 of the Code of Civil Procedure which repealed the earlier Code.

F. A. HAZELAND,

Attorney General,

A BILL

ENTITLED

An Ordinance to amend the Squatters Ordinance, *

1890.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as "The Squatters Short title. Amendment Ordinance, 1909" and shall be read and construed as one with the Squatters Ordinance, 1890, hereinafter called "the Principal Ordinance".

2. Section 12 of the Principal Ordinance is hereby repealed and the following shall be substituted for and read in lieu of the said section :-

Repeal of section 12 of the Principal Ordinance and new section sub-

stituted therefor.

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