724569-1858-GOVERNMENT-NOTIFICATION — Page 1

The Hongkong Government Gazette.

GOVERNMENT NOTIFICATION.

[FEBRUARY 27, 1858,

The following Draft Ordinance "for the Supreme Court," read a first time at a Meeting of the Legislative Council held this day, is published for general information.

By Order,

Council Room, Victoria, Hongkong, 22d February, 1858.

L. D'ALMADA E CASTRO,

Clerk of Councils.

Title.

Preamble.

Proceedings in Term

and after Term.

Criminal Sessions.

The Court, &c., to

HONGKONG.

ANNO VIGESIMO PRIMO VICTORIÆ REGINE.

No. of 1858.

By His Excellency Sta Jons 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 the Supreme Court.

February, 1858.] Be it enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

1. Causes, Actions, and all Proceedings whatever, may be heard, had, prosecuted, and determined, as well during Term as in Vacation.

II.

The Sessions for the despatch of the Criminal Business of the said Court, shall begin on the Six- teenth Day of each Month, in which such Sessions are, or shall be, appointed to be holden.

III. Except for the purpose of issuing Writs, receiving Petitions, or completing any Hearing, Inquiry, be closed between the or Trial, actually commenced on or before the Day next hereinafter mentioned, the said Court, and the 20th August and the Offices thereof, shall be closed from the Evening of the Twentieth Day of August in each Year, and remain

closed until the Morning of the Tenth Day of October, then next following.

1st October.

Equitable Jurisdic- tion extended.

Stay of proceedings in such ease.

Inspection of Docu-

ments.

Juries to consist of Seven.

Vesting Order in

Case

IV. 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 (except the Summary Jurisdiction thereof), or in aid of such last-mentioned proceeding: But every such Claim, Defence, or Question may be so heard, or determined, on Petition presented, or Motion made, and intituled respectively And in every such case the said Court in such last-mentioned proceeding, or as the Court shall direct: 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 res- pectively, as in a Suit or Proceeding commenced by Bill, Petition, Claim, Case, or Summons, on the Equity side of the said Court.

V. The said Court may stay Proceedings instituted under Section 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 to be prosecuted under the said Section: And it shall have power to impose such terms, and give such directions upon such stay of Proceedings with respect to Costs, Admissions, or otherwise, as shall be deemed meet.

VI. Applications for Inspection under Ordinance No. 3 of 1852, Section Four, may be made at any time before Trial or Hearing.

VII. Whether in Civil or in Criminal Cases, and whether in Proceedings before the said Court, or before the Sheriff, or a Commissioner, or an Officer of the same, 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 of the Majority thereof, shall be in all cases final for all purposes soever.

VIII. The Jurisdiction of the said Court to grant Vesting Orders of the Estate and Effects of Insol of moveables, vent Debtors, is hereby declared to extend to all their Moveable Property wheresoever locally situate; yel locally so as that the said Debtors are themselves personally subject to the jurisdiction of the said Court in respect

of their Insolvency.

wheresoever

situate.

Power to increase

lowances.

་

IX. Wheresoever it shall appear to the said Court (except when sitting in its Admiralty Jurisdiction) or decrease fixed Al- 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, it shall be lawful for the said Court to authorise or direct the same respec- tively to be so increased or decreased accordingly.

Powers of the Tax-

X. The Provisions of Section Nine shall be deemed to empower the said Court, likewise to authorise ing Master extended, or direct the Taxing Master thereof (but only in each particular case) to exercise the like discretion in the discharge of his own functions: And he is hereby further empowered, without such authority or direction, to make such Allowances in Taxation, as he may deem reasonable and fair, in respect of matters not expressly provided for by Ordinance, or Rule, or Order of the Court, for the time being.

As to distance and time in Taxation,

Uniformity of Fecs in certain cases.

XI. In Taxation of Charges of Attornies, Solicitors, or Proctors, for their attendances, and of allow, ances of Fees to Counsel, distance and time shall be taken into account, and the same shall be computed respectively from and back to the Office, Chambers, or Residence of the Practitioner, and from the timed departure thence to the time of return thither respectively.

XII. The Fees payable to Attornies, Solicitors, or Proctors in respect of Drawing, Copying, and En- grossing Documents shall be the same in every jurisdiction of the said Court, (except the Summary and Admiralty Jurisdictions thereof,) and shall be ascertained and determined according to the Scale contained in the General Rule of the said Court of Michaelmas Term, in the Eighteenth Year of the Queen, dated the 31st Day of October, 1854,—so far as the same can be thereunto applied by the Taxing Master; but the Fees of Court in the said Jurisdictions (except as aforesaid) for copying or engrossing shall in no case exceed the rates provided by the First Schedule to the Ordinance No. 14 of 1850.

Hearing and post- XIII. Except by consent, no Cause or Matter within the Summary Jurisdiction shall be set down fit ponement of cases in hearing before at least Four clear Days from the service of the Plaint, nor postponed unless at least Twenty the Summary Juris four Hours' notice in writing thereof hath been first given to the Registrar: And (except by consent) t shall not be competent to the Defendant to enter into any special defence, exempli gratiá, set-off, illegality, want of consideration, infancy, or the statute of limitations, unless at least Twenty-four Hours' writted Notice thereof hath been first given to the Plaintiff or his Attorney.

diction.

Bailiff's Fees,

XIV. All Fees payable to the Bailiff or Under Bailiff of the said Court in the Summary Jurisdiction thereof, shall be henceforth evenly divided between the said two Officers, when and as the same shall be received.

d

C

а

(

፡

}