722889-1858-HONGKONG-ANNO-VIGESIMO-SECUNDO-VICTORIE-REGINE-NO-12-OF-1858- — Page 1

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The Hongkong Government Gazette.

The Governor put the question,-That this Ordinanco do pass.

Question put and passed.

[JULY 17, 1858.

The Governor put the question,-That the Order for passing the Ordinance be rescinded, for the purpose of intre

ducing an àmendment.

Question passed.

S etion 10 was recommitted, amended, and agreed to.

Resolved.—That this Ordinance do pass, and that the Titlo be “An Ordinance for the prevention of Offener

touching Securities, Sales and Deposits,” and the Number of the said Ordinanco,—“ No. 11 of 1858," Ordered, that the said Ordinance be published, in English and Chinese, in the Government Gazette.

On Motion of the Chief Magistrate, seconded by Mr Dent, the Report of the Committee of Council appointed on the 10th May, to inquire into the Statements involving the integrity of the Acting Colonial Secretary as com nected with the Opium Monopoly, was read at the Table.

On the Motion of the Chief Magistrate, seconded by Mr Dent,-The Governor put the question,―That this

Council do agree with the Cominittee in their said Report.

Question put and passed.

The Governor read Circular Despatch, of 12th April last, from the Right Honourable the Secretary of State for the Colonies, on the subject of the Act of Parliament, 20 and 21 Victoria, Chapter 85, "relating to Divore and Matrimonial Causos," portions of which, in anticipation of instructions from the Secretary of State, hai been extended to this Colony by Ordinance No. 5 of 1858.

Resolved, That this Council do adjourn to Monday, the 12th instant, at 12 o'clock.

V

The Council adjourned accordingly.

By Order of His Excellency The Governor,

L. D'ALMADA E CASTRO,

Clerk of Councils.

HONGKONG.

ANNO VIGESIMO SECUNDO VICTORIE REGINE.

No. 12 of 1858.

By His Excellency SIR JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects in China, with the Advice of the Legislative Council of Hongkong.

An Ordinance for Practitioners in Law.

[12th July, 1858.]

Be it enacted and ordained by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:- Barristers and At- I. Legal Practitioners of the Supreme Court, howsoever qualified, are hereby authorised to act as Barristers and Attornies, or as Barristers, or as Attornies according to their instructions, and as they may think fit except in the Cases hereinafter specified.

tornies.

Mode of remunera- tion.

Law Partnerships.

Extension to Bar-

II. When the same Practitioner acts as Barrister and Attorney in the same matter, the Remunera- tion receivable by him shall be regulated accordingly: exempli gratiä, he shall not be allowed to make any Charge or take any Fee for or upon pretence of Attornies' Consultations, with instructions to or attendance- on Counsel, or the drawing or copying of Briefs to Counsel, or preparing or copying of Papers for the perusal of Counsel, or the like.

other any III. No Barrister shall become or be in any wise interested in the Profits of the Business of

any other Practitioner in Law, directly or indirectly, and whether under the name of Law Partner, or under name, or be or act as Agent for, or Clerk to, any such Practitioner: And no Attorney having a Law Partner shall be allowed to act as Barrister in any matter where himself or his said Partner is, or shall be, retained or acting as Attorney.

IV. The Laws for the time being in force, with reference to Attornies, their Fees or Costs, the risters of Laws relat- Taxation thereof, and the right of lien and suit in respect of the same, are hereby extended to all ing to Attornies.

Practitioners when Acting as Attornies, and to all Fees and Costs claimed or received in respect of business done by any Practitioner in the Law as an Attorney, and By virtue of this Ordinance, subject to Section Two.

What Persons may

heard.

V. From the beginning to the end, or at any intermediate Period or Periods, of any Prosecution. appear, sue, and be Action, Suit, or Appeal or Proceeding, it shall be lawful for any Person belonging to any or either of the Classes next hereinafter mentioned, to appear, prosecute, sue, defend, or proceed, in the said Court and the Offices thereof, subject only to the Provisions of Sections Three and Six, and to the general jurisdiction « the said Court in respect of the orderly transaction of the business of the same, and of the said Offices, that is to say:

Parties 1st. The themselves, if unrepre-

sented.

2d. Barristers re- tained.

3d. Attornies re-

tained.

4th. Other Persons

by leave of the Court.

Special Privileges

1st. Any of the Parties on either side to the Prosecution, Action, Suit, Appeal, or Procceding, net

being represented therein by some Person willing and able to act in lis stead. 2d. Any Barrister of the said Court duly retained by or on behalf of and representing any of the said Parties, but without any right of exclusive audience or preaudience, or (save as to Rank in the Profession) any Privilege over any other Party, or over his retained Practitioner of Representative in that bebalf:

3d. Any Attorney of the said Court duly retained by and representing any of the said Parties in that

behalf;

4th. Any other Person having the special leave of the Court to appear pro re natú in the stead of

any of the said Parties as his or their Representative in the Premises.

VI. Nothing herein contained shall affect the Privileges of exclusive audience and preaudience, which of the Attorney Ge- Her Majesty's Attorney General or other Counsellor for the Crown hath or may have by virtue of his said

Office or of Her Majesty's Warrant.

herai reserved.

Order of precedence.

When to be des- cribed

VII. The Order of Precedence amongst Practitioners in the Law shall be in this wise: The Barristers shall rank according to their respective Seniorities next after the said Attorney General or junior Counsellor for the Crown (if any), and the Attornies according to their respective Seniorities next after the junio Barrister.

VIII. Without prejudice to the said Order of Precedence, every legal Practitioner shall at every as Barrister, step in any Proceeding describe himself, and be described on the Record and otherwise, as Barrister v and when as Attorney, as Attorney, according to the truth of the case, and the capacity in which he may be then acting.

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