The Hongkong Government Gazette.
Sections VIII to XI inclusive were read and agreed to.
[MARCH 27, 1858.
A new Clause was added, providing for summary convictions for Burglaries, &c., and the same being agreed to, was
introduced as Section XII.
The title of the Ordinance was then amended by the insertion of the words "Summary Jurisdictions and," after
the word "for.”
The Council having agreed to the amendments made in Committee, the Ordinance was passed under the title of
“An Ordinance for Summary Jurisdictions and Appeals to the Supreme Court," being No. 4 of 1858.
It was ordered, that this Ordinance be published, in English and Chinese, in the Government Gazette, for general
information.
The Ordinance for extending to this Colony certain Imperial Enactments, and certain Rules and Orders of the
Superior Courts," was laid on the Table, and read a second time;
And the Council went into Committee upon the said Ordinance.
Section I was adopted.
Section II was amended by adding the following Clause: "and all powers vested in any Superior Court, or Judge,
or Officer, by any of the hereby extended Enactments, shall be deemed to be hereby respectively vested in the said Supreme Court and its Officers."
Sections III and IV were adopted.
Section V was amended by inserting the words "under the rank of Inspector" after the word "Colony," and by
substituting the word "Secretary" for "Treasurer."
The remaining Sections were read and agreed to.
Certain clerical corrections were made in the first Schedule attached to the Ordinance, and agreed to.
The Ordinance having gone through Committee, it was resolved that the same do pass; and that the title thereof be, “An Ordinance for extending to this Colony certain Imperial Enactments, and certain Rules and Orders of the Superior Courts," being No. 5 of 1858.
It was ordered, that this Ordinance be published in the next Government Gazette for general information.
It was moved by Mr Lyall, seconded by Mr Dent, and carried unanimously,-
That all Acts of Parliament or Clauses of Acts, and all Orders of Courts referred to in the above Ordinance, be
printed in full in the Hongkong Government Gazette.
The Governor laid on the table a draft Ordinance for amending Ordinance No. 11 of 1814, and repealing Ordi- nances No. 4 of 1845, and No. 4 of 1853. It was read a first time, and ordered to be printed for circulation amongst members.
The Council then adjourned sine die.
By Order of His Excellency The Governor,
L. D'ALMADA E CASTRO, Clerk of Councils.
Proceedings in Term and out of Terni.
Criminal Sessions.
The Court, &c., to
HONGKONG.
ANNO VIGESIMO PRIMO VICTORIÆ REGINE.
No. 3 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 the Supreme Court.
[22d March, 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 in Term as out of Term.
II. The Ordinary Sessions for the despatch of the Criminal Business of the said Court, shall begin on the Eighteenth Day of each Month, in which such Sessions are, or shall be, appointed to be holden, or, if the said Day shall be a dies non, then on the first lawful Day next following.
III. Except for the purpose of issuing Writs, receiving Petitions, or completing any Sessions, Hearing, be closed between the Inquiry, or Trial, actually commenced on or before the Day next hereinafter mentioned, the said Court, 20th August and the 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 Twelfth Day of October, then next following.
12th October.
Equitable Jurisdic- tion extended.
Stay of Proceedings in such Case.
Inspection of Docu-
ments,
Jurics to consist of Seven.
Applications in mat- ters of mere account to be made within one day after issue joined, at latest.
Vesting Order in case of moveables, wheresoever locally situate.
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, and determined, on Petition presented, or Motion made, and intituled respectively in such last-mentioned proceeding, 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 re- spectively, 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, where the Case is not capital, of the Majority thereof, shall be in all cases final for all purposes soever.
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VIII. Where the matter in dispute between the parties to any action consists wholly or in part of matters of mere account, which cannot be conveniently tried in the ordinary way, it shall be the duty of the Plaintiff or his Attorney, or (in his or their default,) for the Defendant, or his" Attorney, to make such application as is provided by Ordinance No. 6 of 1855, Section Two, to the Court or in Judge's Chambers within One Day after issue is joined between the said Parties at the latest.
IX. The Jurisdiction of the said Court to grant Vesting Orders of the Estate and Effects of Insol- Ivent Debtors, is hereby declared to extend to all their Moveable Property wheresoever locally situate; yet so as that the said Debtors are themselves personally subject to the jurisdiction of the said Court in respect of their Insolvency.
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