726225-1855-GOVERNMENT-NOTIFICATION — Page 1

THE

Songkong

. SERIES.

Government

GAZETTE.

VICTORIA, SATURDAY, 1ST SEPTEMBER, 1855.

GOVERNMENT NOTIFICATION.

VOL. I. No. 9.

Contract for publishing this Gazette, entered into on the 24th September, 1853, was terminated on the 30th ultimo; and notice is hereby A NEW SERIES of this Gazette will be published hereafter, to commence from the 7th instant, under a New Contract, and that “THE HONgkong GovERNMENT GAZETTE”

s before, be the only Official Organ for PROCLAMations, Notifications, and Public PAPERS, of this Government.

!

By Order,

Colonial Secretary's Office, Victoria, Hongkong, 2d July, 1855.

HONGKONG.

W. T. MERCER, Colonial Secretary.

ANNO DECIMO NONO VICTORIE REGINE.

No. 6 of 1855.

* Amendment of Supreme Conn.] procedure.

His Excellency. Sir JOHN BOWRING, Knight, LL.D., Governor and Commander-in-Chief of the of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary ef Superintendent of the Trade of British Subjects in China, with the advice of the Legislative 1 of Hongkong.

15 Ordinance for the Amendment of the Civil Administration of Justice.

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[25th August, 1855.]

WHEREAS it is expedient that the practice and procedure of the Supreme Court should be amended,

Title.

Preamble.

15 & 16 Vict. o. 76.

t certain Provisions of "The Common Law Procedure Act, 1852,” and “ The Common Law Procedure 154," be adopted: Be it therefore enacted and ordained by His Excellency The Governor of 17 & 18 Viet. c. 125. tong, with the Advice of the Legislative Council thereof, as follows:

•

Trial without Jury.—Arbitration.

The parties to any cause may, by consent in writing, signed by them or their Attornies or Agents, Court may, by con- case may be, leave the decision of any issue of Fact to the Court, provided that the Court, upon a sent, try questions of show cause, shall, in its discretion, think fit to allow such Trial; and such issue of Fact may thereupon fact.

J and determined, and damages assessed where necessary, in open Court, either in Term or Vacation, Court; and the Verdict of such Court shall be of the same effect as the Verdict of a Jury, save that it be questioned upon the ground of being against the weight of evidence; and the proceedings upon and gh Trial, as to the Power of the Court, the Evidence, and otherwise, shall be the same as in the case by Jury.

1. If it be made appear, at any time after the issuing of a writ, (commencement of action,) to the

Power to Court to

*

tion of the Court, upon the application of either party, that the matter in dispute consists wholly or direct arbitration ba- of matters of mere account which cannot conveniently be tried in the ordinary way, it shall be lawful fore trial.

Court, upon such application, if it think fit, to decide such matter in a Summary manner, or to that such matter, either wholly or in part, be referred to an Arbitrator appointed by the parties, or to cer of the Court, upon such terms as to costs and otherwise as such Court shall think reasonable; and cision or order of such Court, or the award or certificate of such Referee, shall be enforceable by the process as the finding of a Jury upon the matter referred.

. If it shall appear to the Court that the allowance or disallowance of any particular item or items in Special case may be Account depends upon a question of Law fit to be decided by the Court, or upon a question of Fact fit stated, and question of Acided by a Jury, or by the Court upon the consent of both parties as hereinbefore provided, it shall fact tried.

for such Court to direct a case to be stated, or an issue or issues to be tricd; and the decision of

it upon such case and the finding of the Jury or Court upon such issue or issues, shall be taken and

by the Arbitrator as conclusive.

Arbitrator may state

hall be lawful for the Arbitrator upon any compulsory reference as hereinbefore provided, or ference by consent of parties where the submission is or may be made a Rule of Court, if he special case. <ht, and if it is not provided to the contrary, to state his Award, as to the whole or any part the form of special case for the opinion of the Court, and when an Action is referred, Judgment,

may be entered according to the opinion of the Court.

apon the Trial of any issue of Fact by the Court, it shall appear to the Court that the questions Power to Court to Freon involve matter of account which cannot conveniently be tried before it, it shall be lawful for direct arbitration at discretion, to order that such matter of account be referred to an Arbitrator appointed by the time of Trial, when

to its decision. * to an Officer of the Court, upon such terms as to costs, and otherwise, as such Court shall think issues of fact are left *; and the award or certificate of such Referee shall have the same effect as hereinbefore provided' award or certificate of a Referee before Trial; and it shall be competent for the Court to proceed t dispose of any other matter in question, not refcrred, in like manner as if no reference had been

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