MARCH 27, 1858.]
The Hongkong Government Gazette.
lowances.
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X. Wheresoever it shall appear to the said Court (except when sitting in its Admiralty Jurisdiction), Power to increase that Allowances of any kind, as fixed by former Enactments, ought generally or in any particular case to be or decrease fixed Al- increased or decreased in proportion to the value of money within this Colony, or the fluctuations thereof, er the difference of currency, it shall be lawful for the said Court to authorise or direct the same respec- tirely to be so increased or decreased accordingly.
Powers of the Tax-
XI. The Provisions of Section Ten shall be deemed to empower the said Court, likewise to authorise er direct the Taxing Master thereof (but only in each particular case) to exercise the like discretion in the ing Master extended. 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.
XII. 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 time in Taxation. respectively from and back to the Office, Chambers, or Residence of the Practitioner, and from the time of departure thence to the time of return thither respectively.
t
XIII. 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 in 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 1856.
Uniformity of Fees certain cases,
XIV. Except by consent, no Cause or Matter within the Summary Jurisdiction shall be set down for Hearing and post- hearing before at least Four clear Days from the service of the Plaint, nor postponed unless at least Twenty- ponement of cases in four Hours' Notice in Writing thereof hath been first given to the Registrar: And (except by consent) it the Summary Juris 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' written Notice thereof hath been first given to the Plaintiff or his Attorney.
diction.
XV. All Fees payable to the Bailiff or Under-Bailiff of the said Court in the Summary Jurisdiction Bailiff's Feos. thereof, shall be henceforth evenly divided between the said two Officers, when and as the same shall be received.
Crown Fees and
XVL All Crown Fees payable under this or any Ordinance relating to the Supreme Court, and all Costs to be payable in Costs payable by or to the Crown (except in Admiralty cases), shall be paid in current Dollars only.
Passed the Legislative Council of Hongkong,
this 22d Day of March, 1858.
L. D'ALMADAa e Castro,
Clerk of Councils. :'
HONGKONG.
JOHN BOWRING.
ANNO VIGESIMO PRIMO VICTORIÆ REGINE.
No. 4 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 Summary Jurisdictions and Appeals to 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:-
Dollars only.
"Justice" to include
I The word "Justice" in this Ordinance shall include every Court of Summary Jurisdiction, and whether of primary Jurisdiction or appellate, except the Supreme Court; and the word " Party," shall "Court," and "Party" include the Crown; and the word "Appellant" shall mean the party applying under Section Two of this to include "Crown."
Meaning of "
Appel. Ordinance; and the word "Respondent" shall mean the opposite party.
lant" and "Respon-
Days to state a Case ;
I Within Three clear Days after the determination by a Justice of any Suit, Information, or Com- dent." plaint, which he hath or shall have power to determine in a summary way, either party to the matter so Application may be determined may apply in writing to the said Justice, to state and sign a case setting forth the facts of the made within Three said matter, and the grounds of the said determination, for the opinion of the Supreme Court thereon; which application the said Justice is hereby required to grant, unless he have reason to believe that the Kame is merely frivolous, (in which case only he may refuse the same,) and shall thereupon, upon receiving and must be granted from the said Appellant the Crown Fee of One current Dollar, sign and deliver unto him a Certificate of except it be frivolous. such refusal; yet so as that, if any such application be made officially by the Attorney General, or under
his fiat, the Justice to whom the same is made shall be bound to grant the same, whatever may be his belief in that behalf.
III. On the said Application being granted, and before the said Case being stated and delivered by Recognisance the said Justice, the Appellant shall enter into a Recognisance before him, or any other Justice exercising the Appeal, same jurisdiction, with or without Sureties, and in what Sum to the said Justice shall seem meet, conditioned to prosecute his Appeal in that behalf, without delay and with effect, and to submit to the Judgment of the said Supreme Court, and pay such Costs as may be awarded by the same; and the said Appellant shall likewise, before the delivering of the said Case, pay, in respect of the said Recognisance and Fees payable. Case respectively, to the Clerk taking the said Recognisance and delivering the said Case respectively, the Crown Fees according to the Scale following, that is to say:--
For the said Recognisance, Two current Dollars.
For drawing and copying the Case, if not exceeding Five Folios of Seventy-two Words each, Three
current Dollars.
If the Case exceed the said Five Folios, then for every additional Folio, Thirty Cents.
IV. If the Appellant be in Custody at the time of the taking of the said Recognisance, the same Further condition in shall be further conditioned for his appearance before the said Justice, or (if that be unsuitable) before case Appellant is in
Custody. some other Justice, who shall be sitting and exercising the same Jurisdiction, within Ten Days after the judgment shall have been given by the Supreme Court on the said Appeal, to abide the said judgment, unless thereby the determination so appealed against shall have been reversed: And every such Appellant, upon entering into a Recognisance so further conditioned as aforesaid, shall be immediately liberated from such Custody.
V. In case of the refusal of a Justice to state or deliver a Case under this Ordinance, the Appellant If the Justice re- may, upon an Affidavit of the facts, apply to the Supreme Court for a Rule calling upon the said Justice, and fuses, the Supreme
(:0
rule s
upon the Respondent, to show cause why the said Case should not be stated or delivered; which Rule Court may
Case to be stated. granted) may afterwards be made absolute or discharged by the said Court, with or without payment of Custs.
Costs by the said Justice or either l'arty, as the circumstances shall require; and if the same be made lute, the said Justice shall, upon being served therewith, and upon the Conditions specified in Sections rec and Four respectively being complied with, state and deliver a Case accordingly.
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