698533-1873-Code-of-Civil-Procedure- — Page 2

471

THE HONGKONG GOVERNMENT GAZETTE, 4TH OCTOBER, 1873.

(c.) To affect the Procedure and Practice of the Supreme Court in Matters or Causes Testamentary under Ordinance No. 8 of 1860, nor under "The Bankruptcy Ordinance, 1864," nor under "The Companies Ordinance, 1865," nor further nor otherwise than is herein expressly enacted;

(d) To affect the Procedure and Practice of the Vice- Admiralty Court of the Colony;

(e.) To affect any Suit, Action, or other Proceeding insti- tuted at the Time of the Commencement of this Ordinance : Provided always that in case the Parties to any such last mentioned Suit, Action, or other Proceeding shall desire to carry on and continue the same, so far as may be practicable under the Provisions of this Code, the Court may, in its Discretion, permit them so to do upon such Terms and Conditions as it may think reasonable,

Old Procedure and Practice.

how far

IV. Except so far as may be otherwise specially provided in Old Procedure. this Code, all the Enactments contained in any Ordinances of and Practice the Colony, or in any Acts or Parts of Acts of the Imperial suspended. Parliament in force therein relating to the Procedure and Practice of the Court in its Common Law and Equity Juụ- risdictions, and all Rules and Orders of the Supreme Court (including all unwritten Rules of Practice and all Rules or Orders of any Court of Law or Equity in England which are now in force in the Colony) shall, from and after the Commence- ment of this Ordinance, and during the Continuance thereof, be suspended in their Operation, so far as they relate to such Proce- dure and Practice, subject to the Proviso next hereinafter contain- ed, that is to say: Provided that as regards any Matters for which How far no special Provision may have been made by this Code, the said made Ordinances, Acts, or Parts of Acts, Rules, or Orders hereby sus- auxiliary. pended, shall be deemed to remain in force so far as the same shall not conflict, or be inconsistent with the Code of Procedure introduced by this Ordinance, and can be made auxiliary thereto.

New Procedure and Practice.

V. From and after the Commencement of this Ordinance, the Fusion of Procedure and Practice of the Supreme Court in its Common Law Procedure at and Equity Jurisdictions shall be assimilated, and all Civil Suits Law and shall be instituted and carried on in Manner hereinafter prescribed.

iu Equity.

*